Gates
Gates v. Gomez
Opinion
Lead Opinion
Hug, J.
This case originated as a civfl rights class action under 42 U.S.C. § 1983 and 29 U.S.C. § 794 challenging medical care, psychiatric care, and conditions of confinement at the California Medical Facility and Main Northern Reception Center (“CMF”) in Vacaville, California. 1 The suit also challenged the care and confinement of a subclass of HIV-infected inmates. The case went to trial in September, 1989. After plaintiffs rested their case, settlement negotiations culminated in a consent decree which was approved March 8,1990. The operation of the consent decree has thus far given rise to two published appellate opinions: Gates v. Rowland, 39 F.3d 1439 (9th Cir.1994), and Gates v. Deukmejian, 987 F.2d 1392 (9th Cir.1993). This opinion is the third.
*528 This opinion consolidates two appeals from enforcement orders under the consent decree. One appeal, No. 94 — 15884, is from an injunction modifying defendants’ policy on the use of 37mm riot-control guns to control mentally ill inmates locked in their cells. The other appeal, No. 94-15259, is from a district court order awarding plaintiffs disputed attorneys’ fees for compliance and monitoring work under the consent decree during…