GATES v. ROWLAND

Nos. 91-16702, 91-16780, 93-15363 and 93-16136.

39 F.3d 1439 (1994)

Jay Lee GATES, John Ronald Bertram, Plaintiffs-Appellees, v. James ROWLAND and his successor in office James H. Gomez, Director of the California Department of Correction; Nadim Khoury, M.D., Assistant Deputy Director — CDC Health Services; Eddie Ylst and his successor in office Steve Cambra, Warden (Interim) — California Medical Facility; Kenneth Shepard, M.D., Chief Deputy Warden for CMF Clinical Services; Nicholas Poulos, M.D., and his successor in office George R. Gay, Chief Physician and Surgeon (Acting); CMF; Paul Morentz, M.D., Chief Psychiatrist — CMF Outpatient Psychiatric Program; H. Benton, M.D., and his successor in office A.R. Rotella, M.D., Chief Psychiatrists — Northern Reception Center; D. Michael O'Connor, M.D., and his successor in office William Mayer, Director of the California Department of Mental Health; Douglas G. Arnold and his successor in office Clyde Murrey, Acting Deputy Director for State Hospitals; DMH and Sylvia Blount, R.N., Executive Director — DMH Vacaville Psychiatric Program, Defendants-Appellants. Jay Lee GATES, Plaintiff-Appellant, and George Deukmejian, Governor, Plaintiff, v. James ROWLAND, Director, Defendant-Appellee. Jay Lee GATES, et al., Plaintiffs-Appellees, v. George DEUKMEJIAN; Ron Shinn; James Rowland; Nadim Khoury, M.D.; Assistant Deputy Director — CDC Health Services; Eddie Ylst; Kenneth Shepard, Chief Deputy Warden for CMF Clinical Services, et al., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided November 4, 1994.


Attorney(s) appearing for the Case

Allen R. Crown, Asst. Atty. Gen., Michael A. Santoki, Supervising Deputy Atty. Gen., and James E. Flynn, Deputy Atty. Gen., Sacramento, CA, for defendants-appellants-cross-appellees.

Sanford Jay Rosen, Rosen, Bien & Asaro, and Matthew A. Coles, ACLU Foundation of Northern California, Inc., San Francisco, CA, and Donald Specter, Prison Law Office, San Quentin, CA, for plaintiffs-appellees-cross-appellants.

Before: HUG, FARRIS, and O'SCANNLAIN, Circuit Judges.


HUG, Circuit Judge:

A consent decree entered into by various California state officials and a class, including all inmates at the California Medical Facility ("CMF") in Vacaville, California, gives rise to these three separate The inmates brought an action under 42 U.S.C. § 1983 to challenge deficient medical and psychiatric care, indecent confinementconditions, and treatment and segregation of HIV-positive inmates at the CMF — Main and Northern Reception...

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