HomeMy WebLinkAboutAgreement A-15-396 with Natalie Chamberlain Stacy Williams.pdf I
o County of Fresno
owl o BOARD OF SUPERVISORS
Minute Order
August 11, 2015
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Present: 5--Supervisor Andreas Borgeas, Vice Chairman Buddy Mendes,
Supervisor Brian Pacheco, Supervisor Henry Perea, and Chairman
Deborah A. Poochigian
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County Counsel I
Re: Authorize the Chair to execute the Settlement Agreement between the County of
Fresno, Natalie Chamberlain and Stacy Williams. i
By a vote of 4-1, with Supervisor Poochigian voting no, the Board approved the
attached settlement agreement between the County of Fresno, Natalie
Chamberlain, and Stacy Williams
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Agreement No. 15-396
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This settlement agreement and release of all claims ("Agreement") is entered into by and
between Natalie Chamberlain and Stacy William ("Plaintiffs") on the one hand, and Fresno
County Sheriff Margaret Mims and County of Fresno ("Defendants") on the other hand, relating
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to all claims and causes of action by and between them in Chamberlain v. Mims, Fresno County i
Superior Court, Case No. 14CECG01851 (the"Lawsuit"). The Defendants and Plaintiffs are
referred to collectively herein as the "Parties."
BACKGROUND
Plaintiffs filed a verified petition for writ of mandate and complaint for declaratory and
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injunctive relief challenging Defendants' policies and practices for providing inmates with
religious diet accommodations and processing inmates' grievances. Defendants removed the case i
to federal court and subsequently moved for dismissal. Plaintiffs then moved for remand. j
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While these motions were pending, on September 16, 2014, Defendants revised Fresno
County Sheriffs Department Policy No. E-185 (the Religious Diet Policy).
The federal district court granted Plaintiffs' motion to remand and denied Defendants'
motion to dismiss as moot. The federal district court also ordered Defendants to pay Plaintiffs
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$7,500.00 for costs and fees incurred, to be paid no later than 30 days following the date of the i
order. The Fresno County Superior Court received the federal district court's remand order and
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the case was restored to that court's control.
Defendants filed a motion for reconsideration of the order granting Plaintiffs attorneys'
fees and a motion to stay enforcement of the order granting Plaintiffs attorneys' fees. The federal
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district court denied the motions for a stay and for reconsideration.
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Defendants filed an answer to the complaint in the Fresno County Superior Court.
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SETTLEMENT,& RELEASE
1.1 Consideration. As consideration for this Agreement, Defendants agrees to:
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1.1.1 Approve the following revisions to the September 16, 2014 Religious Diet
Policy within fifteen (15) business days of receipt of a signed copy of this
Agreement:
• In Section I.E.2, the Sheriff will add that the religious diet does not have to be
compelled or central to the inmate's religious exercise in order to receive a religious
diet.
• For Section 11.C.2., the time period will be 4 months.
• In Section 11.C 3, the Sheriff will add on the end "...if it demonstrates that the
inmate's beliefs are not sincere. " I
1.1.2 Provide the American Civil Liberties Union Foundation of Northern
California ("ACLU-NC'.') ACLU-NC with written notice if the Religious i
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Diet Policy is revised during the five-year period following the execution
of this Agreement. Written notice shall include the revised Religious Diet
Policy and be mailed to:
ACLU Foundation of Northern California
ATTN: Novella Coleman
39 Drumm Street
San Francisco, CA 94111.
1.1.3 Revise the inmate handbook to include the following insertion by June 1,
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2015:
RELIGIOUS DIETS—Inmates have the right to exercise their freedom of religion and to
adhere to their religious food practices while incarcerated. You may request a religious diet
by submitting an Inmate Request Form to the Offender Programs Unit. You must explain the
diet requested and submit evidence demonstrating that your adherence to the requested diet
is an exercise ofyour sincerely held religious belief. That evidence may include:
1. An explanation of your belief system.
2. An explanation of the diet's role within your beliefsystem and the significance offailing
to adhere to the diet.
3. Your past history in adhering to that diet.
4. Your past history in practicing the religion.
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5. A description o other practices you engage in that are also art o our belie stem.
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6. The identification ofyour religious community.
7. Any information regarding your religious affiliation, clergy, and place of worship. '
You may also provide documentation or contact information of persons who can support
your request for a religious diet.
Religious Diet Program participants will be required to sign a program agreement
form.
1.1.4 By August 15, 2015, issue a memorandum to all Fresno County Sheriff
staff and employees directing them to provide-all inmates with a receipt
upon submission of an inmate request form requesting a religious diet. The
receipt may be a copy of the inmate's request form or a separate document
containing an identification number that corresponds to the number on the
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inmate's request form.
1.1.5 Pay within fifteen (15) business days of receipt of a signed copy of this
Agreement a one-time lump sum payment of twenty-two thousand five
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hundred dollars ($22;500.00) payable to the American Civil Liberties
Union Foundation of Northern California as attorney for the Plaintiffs, for j
attorneys' fees and costs, This payment shall be mailed to:
ACLU Foundation of Northern California
AT"1N: Novella Coleman
39 Drumm Street
San Francisco, CA 94111
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1.2 Plaintiffs' Dismissal. As further consideration of this Agreement, within five
business days of the ACLU-NC'.s receipt of the payment referred to in Section 1.1.5,
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above, Plaintiffs shall file with the Fresno County Superior Court, a Request for
Dismissal of the Lawsuit with prejudice as to all claims and causes of action against
Defendants.
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THE UNDERSIGNED HAVE READ THE FOREGOING AGRrEMENT AND FULLY
UNDMSTAND AND AGREE TO ITS TLRMS.
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Dam: nc—a r)c,, rAC 15—
Natalie Chamberlain -Plaintiff U
Date:
Stacy "n IV- -11151mi
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argaret Mirns.
.[.�, 0 Count),-Sheriff- Defendant
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Date:
Deborah A. Poochigian, Cdia'irrofiroarc�)_Ioff Supervisors
FrC.5110 County- Defendant
Approved as to Form:
Dated: JUIVay. 2015 Respectfully submitted.
ATTEST:
BERNICE E.SEIDEL,Clerk Y:
Board of Supervisors / - Novella Y. CQLcTF?A,11
MichacIT. Rishcr
Bv
Deputy' Novella Y. Coleman
American Civil Liberties Union
Foundation of Northern California. Inc,
Attorneys for Plaintiffs
A Dated; 2015
By:
Daniel C. Cederborg, County Counsel
Fresno County COLUISCI
Attorneys for Defendants
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