Eastern District of California Blog

EDCA Court Grants Class-Action Status in Sacramento County Jail Lawsuit

Just a few days after Christmas, a federal court judge here confirmed the class action status of a massive lawsuit against Sacramento County jails, which will go a long way to ending “dangerous and inhumane” conditions at the facilities, according to a statement from plaintiffs’ lawyers to the Davis Vanguard.The lawsuit, filed July 31 of 2018, charged the long-troubled jails with “unconstitutional and illegal treatment” of about 3,800 men and women. The lawsuit followed a breakdown of a several-year negotiation with the County of Sacramento.

Davis Vanguard, 1/4/19

Advocates Sue Over Dangerous Conditions at Sacramento County Jails

Charging that Sacramento County’s two jails confine inmates in “dangerous, inhumane and degrading conditions,” inmate advocates filed a federal civil rights lawsuit Tuesday against the county seeking wholesale changes in how the jail system is run.

The suit, which seeks class action status for the roughly 3,700 inmates held in the jails each day, follows years of negotiations by the groups and the county to agree to a settlement that would avoid legal action.

“After two and a half years of negotiations, the settlement process broke down,” the suit says, and the groups are seeking relief from the U.S. District Court in Sacramento.

“Defendant regularly subjects people in its custody — the majority of whom have not been convicted of any crime — to harsh, prolonged, and undue isolation,” the lawsuit alleges. “Every day, defendant locks up hundreds of people in solitary confinement in dark, cramped, filthy cells for 23½ hours or more per day.

Sacramento Bee, 7/31/18

 

Bicyclist Sues Hanford Police For Excessive Force

A Hanford police report says Michael Valdez was riding his bicycle on the wrong side of the street when officer Larry Leeds attempted to stop him.

What happened next is the subject of a federal civil rights lawsuit in which Valdez, 49, and his attorney, Morgan Ricketts, accuse Leeds of using excessive force to arrest Valdez, actions that they say contributed to blinding him in one eye.

 

The lawsuit, filed in U.S. District Court in Fresno last week, says Leeds used his patrol car to knock Valdez off his bicycle. The officer then punched Valdez several times in the face and The lawsuit accuses jail staff of repeatedly denying Valdez’s request for medical help, causing him to be permanently blind in his right eye. It also alleges that the Hanford Police Department and Kings County Jail destroyed evidence.

Fresno Bee, 3/28/17

 

 

Read more here: http://www.fresnobee.com/news/local/article141231693.html#storylink=cpy

 

EDCA Court Certifies Suit Over SEIU Political Expenses

A California federal judge has granted class certification to a group of nonunion California civil servants challenging the Service Employees International Union's practice of deducting money for political activities from employees' wages unless they annually opt out.

U.S. District Judge William B. Shubb signed off May 22 on certification of a class of as many as 34,000 nonunion workers of the state of California, the National Right to Work Legal Defense Foundation Inc., which represents the plaintiffs, announced Wednesday.

Law360.com

Fresno Suits Allege Food Processors Violate Wage & Hour Laws

A Pennsylvania law firm has filed nearly identical federal lawsuits against two central San Joaquin Valley food processors, saying they are violating wage-and-hour laws by not paying workers for on-site preparation like donning and doffing required sanitary gear.

Each lawsuit — one against Leprino Foods in Lemoore, the other against Wawona Frozen Foods in Clovis — has a lead plaintiff, but seeks class-action status. Jonathon Talavera, identified as a Lemoore resident, is the sole listed lead plaintiff in the Leprino suit. Luis Aguilar, identified as a Fresno County resident, is the plaintiff in the Wawona suit. Both suits were filed recently in U.S. District Court in Fresno.

Fresno Bee, 1/29/15

EDCA Class Action Lawsuit Filed Over SEIU's Opt-Out Union Dues Policy

Two of SEIU Local 1000’s arch foes have united to sue the 95,000-employee union in federal court. At issue: Whether the state’s opt-out system of paying union dues is legal.

Ken Hamidi, with help from the National Right to Work Foundation, filed the class-action complaint in Sacramento federal court on Friday. Hamidi, who works for the Franchise Tax Board, has for years tried to organize disgruntled state employees in SEIU into a separate bargaining unit. Hamidi also ran as a Libertarian candidate for governor during the 2003 recall election.

Sacramento Bee, 2/5/14

Fresno Federal Class Action Suit Filed Over Pay Against Gerawan Farming

A federal class-action lawsuit was filed Monday against Gerawan Farming on behalf of current and former employees, who say the company has failed to pay minimum wage, overtime, and state-guaranteed paid rest breaks.

More than 20 employees gathered outside the federal courthouse in downtown Fresno Tuesday, including the two plaintiffs named in the lawsuit, Rafael Marquez Amaro and Jesus Alarcon Urzua.

Attorney Mario Martinez, who represents the workers, said the lawsuit was on behalf of thousands of Gerawan field workers who were paid by piece rate over the last four years. Workers said earnings vary since they are paid by piece rate, but it was often below minimum wage.

Fresno Bee, 2/4/14

Class Action Alleges Super Beta Prostate Is Unsafe Phony Supplement

New Vitality , the maker of  Super Beta Prostate, and quarterback Joe Theismann who endorses the supplement, are facing a consumer fraud class action lawsuit alleging that millions of customers were induced to buy a product that does nothing to remedy prostate troubles such as benign prostatic hyperplasia (BPH). . . .  Floyd Luman v. New Vitality Corp. and Joe Theismann, Case No. 13-cv-656, California Eastern District Court, Sacramento.

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Acording to the lawsuit, "Defendants' marketing and promotion of Super Beta Prostate is an elaborate hoax involving a falsified medical endorsement by Dr. Jeffrey J. Zielinski, and false claims that the product will treat the symptoms of BPH. The product was created by Roger Mason, a convicted felon who pleaded guilty to conspiracy to distribute PCP.

Big Class Action, 4/8/13

EDCA Court Awards Nearly $800,000 In Attorney Fees In Homeless Property Lawsuit

Chief Judge England ordered the City of Sacramento to pay attorney fees and expenses totaling almost $800,000 in the lawsuit over Sacramento's former policy of throwing away property of homeless persons, Lehr v. City of Sacramento, No. 2:07-CV-1565-MCE.  Sacramento Bee, 3/27/13.  Although significant, the award is  much less than the $1.8 million in fees requested by plaintiffs' attorneys.

EDCA Suit Claims Subway Foot-Long Subs Come Up Short

A West Sacramento man has filed a lawsuit accusing fast-food giant Subway of fraud and false advertising in connection with its footlong sandwiches.

Richard Springer's suit, filed in the Eastern District federal court in Sacramento, makes a basic claim: Subway's touted footlong subs "are not one foot."

Sacramento Bee, 1/25/13.