(PC) Coleman v. Newsom

— 1 — — 2 — — 3 — — 4 — — 5 — — 6 — — 7 — 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA — 10 — 11 RALPH COLEMAN, et al., No. 2:90-cv-0520 KJM SCR P 12 Plaintiffs, ORDER 13 v. 14 | GAVIN NEWSOM, et al., 1S Defendants. — 16 — 17 On April 30, 2025, the parties filed a stipulation and proposed order seeking the court’s 18 | approval of what they present as an agreement concerning the amount of out-of-cell time 19 | defendants must offer class members in mental health crisis beds (MHCBs). ECF No. 8619. The 20 | parties arrived at their stipulation in the context of the ongoing data remediation process. See 21 | generally id. A primary purpose of the data remediation process is to remediate all indicators in 22 | the Continuous Quality Improvement Tool (CQIT), which measures the core requirements of the 23 | Program Guide, the remedial plan that sets the minimum constitutional requirements for the 24 | delivery of mental health care to class members. See Coleman v. Newsom, 2024 WL 5629534 , 25 | slip op. at 1 (9th Cir. 2025) (quoting Coleman v. Brown, 938 F.Supp.2d 955, 972 (E.D. Cal. 26 | 2013)); see also, e.g., July 9, 2019 Order at 2, 6, ECF No. 6214 (quoting Coleman v. Brown, 27 | 756 Fed. Appx. 677 , 679 (9th Cir. 2018)). In a footnote in the parties’ stipulation, defendants 28 | state they are entering into the stipulation solely for purposes of data remediation, namely to 1 “expediently remediat[e] indicator SP15.1E,” without conceding the threshold requirement the 2 parties propose is constitutionally required and saying the court has not made any findings it is. 3 Id. at 2. n.1. The footnote reflects the parties have not reached a true agreement. 4 The court declines to approve a stipulation on minimum out-of-cell time for class 5 members in MHCBs that includes one side’s statement at odds with the core purposes of data 6 remediation and qualifying the parties’ agreement to the extent they have reached agreement. For 7 this reason, the court does not approve the April 20, 2025 stipulation. The parties are invited to 8 submit a renewed stipulation that reflects a true and complete agreement. 9 IT IS SO ORDERED. 10 DATED: May 23, 2025.