Clark v. California

FINDINGS OF FACT AND CONCLUSIONS OF LAW

I. Introduction and Background

1. The State of California, the Governor and various state prison officials initiated the current proceedings by bringing a motion pursuant to the Prison Litigation Reform Act (“PLRA”), 18 U.S.C. § 3626 (b), to terminate the prospective relief in this case. That relief is contained in a 2001 Settlement Agreement and Order that requires these defendants to comply with a set of policies and procedures, known collectively as the Clark Remedial Plan (“CRP” or “Remedial Plan”), which they drafted to ensure that California prisoners with developmental disabilities were protected from serious injury and discrimination on the basis of their disability. See Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12132 ; § 504 of the Rehabilitation Act, 29 U.S.C. § 794 (a); U.S. Constitution amends. VIII, XIV. Defendants maintain that prospective relief should be terminated because there are no current and ongoing violations of the plaintiff class members’ rights under federal law.

2. Plaintiffs and members of the plaintiff class are prisoners with developmental disabilities incarcerated within California’s prison…