DILLARD v. PITCHESS, 399 F. Supp. 1225 (C.D.Cal. 08/26/1975)

[1] UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA

[2] 73-2947-WPG

[4] August 26, 1975

[5] CLARENCE LEE DILLARD, on behalf of himself and all others similarly situated, Plaintiffs,
v.
PETER J. PITCHESS, WILLIAM ANTHONY, JOHN KNOX, CRAIG CARPENTER, ERNEST E. DEBS, KENNETH HAHN, JAMES HAYES, PETER F. SCHABARUM and BAXTER WARD, Defendants

[6] Terry Smerling, Esq. Greater Watts Justice Center, Los Angeles, California, for Plaintiffs.

[7] Gray, District Judge.

[8] The opinion of the court was delivered by: GRAY

[9] MEMORANDUM OF DECISION

[10] This is a civil rights action in which the plaintiff seeks to challenge, on constitutional grounds, the conditions under which prisoners awaiting trial are housed and maintained in the Los Angeles County Jail facility located on the top floors of the Hall of Justice in the City of Los Angeles (the jail). A declaratory judgment and sweeping injunctive relief are requested. Part of the relief sought will be granted.

[11] THE PARTIES.

[12] The action was commenced on about December 19, 1973, by the filing of a handwritten complaint in which Clarence Lee Dillard raised several disturbing contentions regarding living conditions at the jail, where he was then a prisoner awaiting trial. Shortly thereafter, Terry Smerling, an attorney affiliated with the Greater Watts Justice Center, filed a comprehensive amended complaint as a class action on behalf of Mr. Dillard and all other unconvicted prisoners at the jail.

[13] The named defendants are the Sheriff of Los Angeles County, his principal assistants, and the members of the County Board of Supervisors.

[14] After appropriate proceedings, the court later designated the plaintiff class to consist of all pre-trial prisoners incarcerated at the jail from December 19, 1973, until May 11, 1974, and appropriate notice was given to the members of the class.

[15] JURISDICTION.

[16] This court has jurisdiction with respect to the subject matter of the litigation under 28 U.S.C. §§ 1343(3), 2201, 2202 and 42 U.S.C. § 1983. Brenneman v. Madigan, 343 F. Supp. 128 (N.D. Cal. 1972).

[17] However, the defendants have questioned the jurisdiction of this court to make any adjudication, because of mootness. By the time the trial began, on about June 11, 1974, Mr. Dillard had been convicted of the pending criminal charge and had been transferred to another facility to serve his sentence. *fn1" The defendants suggest that inasmuch as the principal plaintiff was no longer a prisoner at the jail, he could not be a proper representative of the plaintiff class.

[18] If such a contention were to be considered valid, a constitutional challenge to conditions at a pre-trial detention center, such as the jail, could virtually never be litigated, because the claims of any particular inmate would likely be mooted within a relatively short period of time and before a case could be brought to trial. However, it is well established that the fact that the case has become moot as to the named plaintiff does not bar his litigating the issues on behalf of the other members of the class. Workman v. Mitchell, 502 F.2d 1201 (9th Cir. 1974); Jones v. Wittenberg, 323 F. Supp. 93 (N.D. Ohio 1971); see Rivera v. Freeman, 469 F.2d 1159, 1163 (9th Cir. 1972).

[19] The foregoing does not completely dispose of the contention of mootness. Almost a year has passed since the taking of evidence was completed, and a judgment has not yet been rendered. In the meantime, most, and perhaps all, of the designated members of the class may have had their detention at the jail terminated, for one reason or another. The suggestion is made on behalf of the defendants that these circumstances cast doubt upon the ability of this court to adjudicate the many issues raised on behalf of prisoners at the jail.

[20] In the proceedings that resulted in the designation of the above-described class, it was pointed out by counsel for the defendants that the matter of living conditions of a pre-trial detainee that affect his ability to prepare for and participate in his defense at trial can be raised at such trial. The court was thus mindful of the possibility that an adjudication in this action could have res judicata effect with respect to pre-trial prisoners that might be considered to be members of the class. It was largely for this reason that a specific designation of a class was made and notices sent to the members thereof in order that they might "opt out" if so disposed.

[21] A further reason for designating a class composed of prisoners occupying the jail during a specific period was to provide a means whereby evidence could be limited to a time frame coterminous with the period of incarceration of members of the class. Thus, the defendants became aware that the case that they were obliged to defend would be restricted to conditions and events occurring between December 1973, the commencement of the action, and May 11, 1974, thirty days prior to the scheduled beginning of trial.

[22] For the reasons noted above, the court sought to follow the technical requirements of Rule 23, Federal Rules of Civil Procedure. However, it was apparent to all concerned throughout this litigation that its focus was upon the matter of whether relief should be granted, not just for the benefit of current occupants of the jail, but for the benefit of all future pre-trial prisoners in the custody of the Sheriff of Los Angeles County.

[23] The trial took about fifteen days of court time over a period of more than two months, and each side sought and was granted substantial continuances in the schedule for the filing of extensive post-trial briefs. But the principal delay in announcing a decision has stemmed from the fact that I have found it necessary to read many reported cases, review substantial portions of the record, make personal visits to the jail and the other detention facilities of the county, and do a considerable amount of pondering, in order to reach and articulate a satisfactory resolution of the many complicated issues in this matter. Under such circumstances, I cannot believe that the difficulties inherent in this task must be compounded by the requirement that a complete decision be promulgated according to a time schedule that is dependent upon the turnover of a particular group of pre-trial prisoners at the jail.

[24] Roe v. Wade, 410 U.S. 113, 35 L. Ed. 2d 147, 93 S. Ct. 705 (1973) was filed in 1970 as a class action and involved a challenge of the constitutionality of Texas criminal abortion statutes. The plaintiff was pregnant when the action was instituted, but, as the Supreme Court opinion pointed out, the record did not show that she was pregnant at the time of trial or when the trial judge's opinion and judgment were filed. Because of this, and because the 1970 pregnancies of the plaintiff and the members of her class would certainly have been terminated prior to the argument before the Supreme Court in late 1971, the appellant suggested that the entire matter was moot. In responding to such contention, Justice Blackmun, speaking for the Court, referred to the usual rule that in federal cases an actual controversy must exist from the time the action is instituted to the completion of the appellate process. He then pointed out that if such a rule were applied to pregnancy litigation, virtually no such case could be carried to final judgment, including appeal. He then stated: "Our law should not be that rigid. Pregnancy often comes more than once to the same woman, and in the general population, if man is to survive, it will always be with us. Pregnancy provides a classic justification for a conclusion of nonmootness. It truly could be 'capable of repetition, yet evading review.'" 410 U.S. at 125 (citations omitted). The opinion thereupon held that the termination of the plaintiff's 1970 pregnancy did not render her case moot. It necessarily follows that the case was not made moot by the termination of the pregnancies of all of the other "similarly situated" members of the plaintiff class.

[25] In consideration of mootness, the analogy between pregnancy and pre-trial confinement seems very close. I conclude that, under authority of Roe v. Wade, this case has not become moot and that this court retains jurisdiction to render an enforceable decision.

[26] GENERAL DESCRIPTION OF HALL OF JUSTICE

[27] COUNTY JAIL AND DETENTION CONDITIONS

[28] The Hall of Justice is a fifteen-story building, square or rectangular in appearance, that was constructed in about 1925 in the civic center of Los Angeles. The lower nine floors then, as now, housed county offices and courts, and the upper floors have always been occupied by the county jail. Originally, this was the only jail facility operated by the county and had a maximum occupancy of about 3,000 prisoners. However, over the years, the expanding jail population has necessitated the construction of additional facilities in other locations, some of which will be mentioned later in this memorandum.

[29] At the present time, the jail here concerned is used principally for the maximum detention of about 900 pre-trial prisoners and the less restricted accommodation of about 365 "trusties," who perform most of the labor incident to the operation of the institution.

[30] The housing areas for pre-trial prisoners are divided into modules, each of which contains one or more rows of about fifteen cells. The cells along each row open onto a common hall or walkway that is about eight feet wide. Each of the cells is enclosed by a solid wall on three sides and by steel bars and a steel barred and remotely operated door at the end next to the walkway. Each cell is about eight feet by six feet in dimension. A cold water washstand and a toilet are at the end away from the door. An upper and a lower bunk-type bed, made of sheet steel, fold down from one of the walls, taking up about half the floor space of the cell when they are in the down position. The bedding consists of a thin mattress, a washable mattress cover and two blankets. Sheets and pillows are not available. There are no other furnishings in the cell.

[31] The walkway adjoining the cells is barred along the side opposite the cells and at the ends. Access is gained thereto from the outside by means of a steel barred and locked door located at one end.

[32] Corridors not normally available to prisoners separate the modules from the walls and windows that outline the building. The windows, therefore, are at least several yards away from the cells. They are made of relatively small panes of opaque glass, a few of which can be opened for ventilation purposes but are hinged in such manner as to afford minimal outside view to a person standing next to them and none at all from the cells. Except for the relatively small amount of light from the remote windows and the occasional ceiling fixtures along the walkways and corridors, a cell is illuminated only by an unshaded 60-watt incandescent lamp screwed into the single electrical outlet in the ceiling of the cell. The lighting conditions are inadequate for any sustained reading.

[33] The jail is not air conditioned. During the heat of the summer, portable fans are used to try to increase the limited circulation of air afforded by the small windows. Temperature in the modules goes as high as 93 degrees in the heat of the day, and the summer temperature after midnight sometimes stays above 80 degrees. The cold of the winter is offset by hand regulated steam radiators. February temperatures vary from about 62 degrees to 82 degrees, depending largely upon the proximity of a radiator or of a window.

[34] There is no dining hall adequate to accommodate the regular prisoners. The men are fed from mobile steam tables that are pushed inside the walkways adjacent to the cells. A prisoner leaves his cell and takes his place in an informal line approaching the serving cart. His portion of the meal is served onto a stainless steel sectionally divided tray which he then places on a waist-high metal shelf that extends the length of the walkway, and eats while standing in front of it. Alternatively, he may take his tray into his cell and sit on his bunk or on the toilet while he consumes his meal. His sole utensil is a steel spoon, which he keeps in his cell. He also has in his cell a metal cup into which coffee or another beverage is dispensed. The prisoner is responsible for the cleanliness of the spoon and cup, and he normally utilizes the cold water tap in his washstand for such purpose.

[35] There was testimony that buckets of hot water are carried to the modules each morning and distributed on the basis of two or three buckets for fifteen cells. Other than this, only cold water is available for washing and shaving.

[36] The only shower facility available to regular prisoners is on the eleventh floor, and it can accommodate a relatively few bathers at a time. Consequently, the inmates are allowed showers not more than three times per week; some of them insist that it is about twice. The inmates are escorted in groups from their modules on the tenth, twelfth, thirteenth and fourteenth floors to the showers on the eleventh floor through the use of a stairwell. At the time this case was filed, the practice was to have the men execute this "march" in a naked condition, a process that sometimes took nearly an hour to complete, including time spent on the stairs awaiting access to the showers. Several of the inmates emphasized in their testimony the indignity and the discomfort inherently involved in such a process. It appears that the shower procedure by now has been modified to the extent that prisoners remain clothed while proceeding to the showers.

[37] A substantial portion of the roof of the Hall of Justice is set aside for inmate recreation purposes. This area is generally rectangular in shape, the dimensions being perhaps 100 feet by 40 feet. The walls enclosing the area are more than 12 feet high, the outside view being limited to a portion of the sky.

[38] Twice each month, depending upon the weather, the inmates occupying a particular module are taken to the roof for somewhat less than an hour. About two basketball backboards and nets are available to those that want to try a few shots, although the uneven surface of the floor and the prohibition against contact sports preclude the playing of a regular game. Single wall handball is also available. Because of the limited facilities in relation to the number of men seeking to use them, or because of their own preferences, most of the men spend their time on the roof standing around or sitting on the blankets that they bring with them from their beds.

[39] A branch of the Los Angeles County Public Library is located within the jail, which contains a limited selection of books on a rotating basis. Books from the library are loaded onto a cart that is pushed into the various modules of the jail and is made accessible to a particular prisoner once every two weeks. He may select a book from the cart and keep it until the next visit. If he wants a book that is not on the cart but happens to be available in the branch library, it is likely to be provided for him at the next visit of the cart, two weeks hence. If it is not on hand at the branch library, the procuring of it takes much longer if it is accomplished at all. Prisoners are not allowed to receive books brought by visitors, and they may retain no more than six paperbacks in their cells.

[40] A prisoner is out of his module only during the infrequent trips to the roof, the brief and occasional shower periods, a visit from a family member or an attorney, response to sick call or receipt of medical attention, or an appearance in court. The remainder of the time is spent either in his cell, in the adjoining walkway, or in the cell of another prisoner in the same cell block. There is no television, no radio, no entertainment other than what he and those who share his cell block can create, such as playing cards or dominoes on the concrete floor. Unless he has a penchant for writing, and except to the extent that his inclination and the strength of his eyes will permit him to read, most of the time there is little for him to do but sit or lie on his bed.

[41] The average stay of a prisoner at the jail is between thirty and sixty days; somewhat fewer than three percent are there longer than six months.

[42] OTHER DETENTION FACILITIES.

[43] The principal reason for assigning a pre-trial prisoner to the Hall of Justice jail is the fact that his case is scheduled for trial in the Criminal Courts Building directly across the street, thus removing the otherwise substantial problem of bus transportation to and from court. The Sheriff operates several other establishments for the detention of prisoners, both unsentenced and sentenced. Some of the issues here to be decided require that consideration be given to a description of some of these facilities and the conditions under which their prisoners are maintained. Nothing herein is intended in any way to constitute a judicial evaluation of the appropriateness of any of these facilities as places of detention; they are discussed here only to show wherein they compare favorably with the Hall of Justice jail.

[44] The Central Jail is located approximately one mile from the Los Angeles civic center and houses about 2,700 unsentenced prisoners and about 400 trusties. The cell arrangement for pre-trial prisoners is much like that of the Hall of Justice jail, except that the cells have upper and lower bunks for six men rather than two. However, inmates at the Central Jail have several advantages not available to Hall of Justice prisoners, the most important of which are that they take their meals in a dining room and have daily use of shower rooms located at the ends of the cell modules. Also, one of several day rooms is frequently available to Central Jail prisoners, where they may sit at tables and play games or write or talk. *fn2" A chapel that will accommodate several hundred inmates is used for the presentation of occasional shows or musical entertainment, as well as regular church services.

[45] Biscailuz Center is approximately three miles from the civic center of Los Angeles. It houses about 250 unsentenced prisoners and about 280 sentenced prisoners. The men sleep in two-story wooden frame buildings that are much like the familiar army barracks that sprang up throughout the country during World War II. On each floor there are 64 cots, 32 on each side of the room, with a 5-foot partition serving as a center divider. The side walls are lined with large glass windows that afford a view of a flower garden or other landscaping on one side, and a remote (and therefore reasonably pleasant) panorama of East Los Angeles from the other. The general atmosphere may fairly be described as light and airy. At the end of each dormitory is a bathroom containing an adequate number of toilets, washstands and showers, which the men may use at any time. Each barracks has a day room that contains a large color television set. The several barracks buildings are in a single enclosed area, and the men may go in and out of their own dormitories, as well as the adjacent dormitories, or may go outdoors and walk about the enclosure or play cards or other games on a picnic-type table.

[46] Meals are served to all inmates in a centrally located dining hall that can accommodate at least 300 people at one time. The service is cafeteria style and the utensils are steel knives, forks and spoons.

[47] When the weather is good, the pre-trial prisoners are taken to an outdoor recreational yard or athletic field. It is not very large, but there is a full-size basketball court bordered by four other basketball backboards and nets. On the occasion of my visit, about 100 inmates were in the area. Some were playing half-court basketball; some were competing in horseshoes; some were demonstrating or developing their prowess with weight lifting equipment or on the horizontal bar; and others were visiting in small groups or just sitting on the grass.

[48] In the evening, movies are shown in the mess hall and are generally accessible to the inmates.

[49] A person confined at Biscailuz Center is out of doors much of the time, and, in his movements from one place to another or while in his dormitory, he can have within his sight trees and shrubs and hills and the far horizon, in enviable contrast to the confines of the Hall of Justice jail.

[50] Wayside Honor Rancho (Maximum Detention) is about one hour's drive from downtown Los Angeles and is located in an agricultural setting amid trees and rolling hills. The approximately 840 prisoners (600 sentenced and 240 unsentenced) are housed in a single large maximum security building. In each of the dormitory-type rooms, beds for about 60 inmates are arranged in four rows. The large fluorescent overhead lights give ample illumination for reading, and the large windows on one side help keep the area reasonably bright. At one end of each dormitory are tables for games or writing and an elevated color television. A bathroom containing toilets, washstands and showers is immediately adjacent to each dormitory and is available as the inmate desires. Meals are served cafeteria style in a dining hall that seats about 200 people.

[51] The unsentenced prisoners are allowed to go to the exercise area each morning and each afternoon if they so desire. It contains three full-size basketball courts and facilities for handball, weight lifting, and ping pong. There is also a makeshift running track around the perimeter.