1."- ,. ~- ":.i • ., FEB I 8 \993 1 2 3 4 5 6 7 8 9 10 e( elER1\, u.s. OISfRl(;~ C9 1lRT EASTERN OI,IRICl Of CAl.fORNIA PAUL W. COMISKEY (Bar No. 65510) 2308 J Street P.O. Box 1019 Sacramento, CA 95812-1019 (916) 442-6868 BY OEPUfY ClER RICHARD P. HERMAN (Bar No. 53743) 24012 Calle de la Plata, Suite 330 Laguna Hills, CA 92653 (714) 768-3601 MICHAEL D. LONG (Bar No. 149475) 2308J Street, Suite D P. O. Box 163354 Sacramento, CA 95816-9354 (916) 448-1708 Attorneys for Plaintiffs 11 12 13 IN THE UNITED STATES DISTRICT COURT 14 EASTERN DISTRICT OF CALIFORNIA 15 16 17 18 19 JOHN B. CRUZ, JOSEPH Q. KRUKOWSKI, RUBEN D. CRUZ, DOUG MURPHY, JOHN COLE, TIM PENDERGAS, MANUEL BERTAO, ROGER D. HAUSMAN, CHARLES WILCOX, REBECCA MONTERO-SALCEDO, ANTHONY SHERWOOD, RICHARD RUIZ, and all others similarly situated, Plaintiffs, 20 21 22 23 24 vs. COUNTY OF FRESNO, STEVE MAGARIAN, as SHERIFF, Defendants. AO 72 (Rev.81821 ) ) ) ) ) ) ) ) ) ) --------------------------------) 25 26 ) ) ) ) ) ) ) / / / NO. F-93-5070 REC JFM APPLICATION FOR TEMPORARY RESTRAINING ORDER AND ANCILLARY RELIEF; MEMORANDUM AND DECLARATIONS Date: February 25, 1993 Time: 9:00 a.m. Courtroom: No. 8 • • 1 Plaintiffs move for a temporary restraining order barring 2 3 4 5 6 7 8 9 10 11 defendants from: 1. Sleeping any prisoner on the floor; 2. Adding beds during the pendency of this action; 3. Denying prisoners access to outdoor exercise; 4. Denying access to monitor compliance; and 5. For such ancillary orders, including provisional class certification, as the court deems necessary. This application is based on the' file in this court, attached declarations, such other declarations and exhibits as may be filed before the hearing date and points and authorities. 12 13 14 15 16 17 11.072 (Rev.a/a21 the MEMORANDUM Plaintiffs move for a Temporary Restraining Order to promptly alleviate the most inhumane of the conditions in the Fresno county Jail, including the South Annex and the Main Jail. as to be an immediate The jail are so grossly overcrowded danger prisoners. The prisoners are sleeping on the floors. to its There are 18 as many as twenty men sleeping in cells with only twelve beds. 19 stress, anxiety and tension caused by the severe overcrowding has 20 already led to rioting on the fifth floor of the Main Jail on 21 February 16, 1993. 22 injured during the riot and hospitalized. 23 be remedied before more riots break out. The Many inmates and law enforcement personnel were The overcrowding must 24 In addition, the prisoners receive limited exercise which adds 25 to the restive behavior of the inmates because they have a very 26 limited outlet for their stresses and aggressions. The situation • 1 2 3 4 is exacerbated by occasional cell 7 8 9 notified of such emergencies. 12 "If the public, through its judicial and penal system, finds it necessary to incarcerate a person, basic concepts of decency, as well as reasonable respect for constitutional rights, require that he be provided a bed." There is also a constitutional right to sufficient exercise so that prisoners do not physically deteriorate. Toussaint v. McCarthy, 597 F.Supp. 1388, 1424 (N.D. Cal. 1984). In cases where prisoners' rights are clear, irreparable injury (violation of constitutional rights) is certain, temporary 15 restraining orders are proper. 16 Association v. Sharkey, 347 F.Supp. 1234 (D. R.1. 1972) (freedom 17 of association); Palmigiano y. Travisono, 317 F.Supp. 776 (317 F. 18 Cf. National Prisoners Reform Supp. 778 (D. R.I. 1970 (prisoner mail). 19 Temporary restraining orders have been granted to challenge 20 haircut regulations in the Army Reserve. 21 F.SUPP. 1241 (w.O. N.C. 1972) and qualifications of office holders. 22 Quinn v. State of Mo. 839 F.2d 425 (9th Cir. 1988) (nonproperty 23 owners not eligible to serve on City Board of Freeholders). 24 I I I I I I I I I 25 26 AO 72 IRev.S/821 stewart v. Gates, 450 F.Supp. 583, 588 (C.D. cal. 1978). 13 14 These conditions are so intolerable that plaintiffs ask the court for immediately relief. 10 11 flooding caused by clogged toilets and significantly delayed response times by deputies when 5 6 • Bellamy y. Froeh1ke, 347 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 AO 72 (R... 81821 WHEREFORE, plaintiffs request that a temporary restraining order issue. Dated: February 17, 1993. Q~(J~ d PAUL W. COMISKEY RICHARD P. HERMAN MICHAEL LONG Attorneys for Plaintiff EXHIBIT A .. - - .--- ._.. ,._ ..... ' • Jail: Five prisoners will be charged in riot vemher 1992 slaying of doughnut .... 01' cleck Chamroeun 1m. Continued from Page B1 concuesiol1, but was rAl .. aaed ftolll a 1I0spital b$fore dawn Tuesd4y. The disturbance began about . Cal~~ ItX\IltinI~eb.rg88 ~P1~ 11:20 p ..... Within cU"''''''''' said ueron, eJ an" ~- ~~~dL.~tt'L.~edO~!;~~! Lt. Richard White, Il101"EI than 50 -~""'-' IN - " ' " ' " q FresnD poliee officers and Cali, . said the fact they werv Muaed in foruia Highway Patrol ofiicen< a lookdown _ion, l"'horc inhad nded to _11 fa . mates' movements IlN restrid.ed, . respo a..... I" ass1&- indicates they Iwi displayed s&the other agencies pro- :re .ailbehavioral problems while J vidin.r baekup; a corrcct:lon.1ll1i11'" pant anci an. offiear, each arzned . ~These are some of your finer with a shotgun, entel'ed the fifth Fresno. County citizens,' jail flooI" and fired rubber pellets colnDUlZldm.. Capt. Tom Gattie •that to~ the imnates to retwn said f8l:l!tiausly. mwcrib to their t.hree-matl cells. Sheriff's officials IlAid cell- mates Da'lid Mi"J.cwl SllldlUlA, ., 23, Reynajdo Gonzales Calderon, 22, and Michael Lee Roclri8uez. 21, all of Fresno, are expected to· h. ~ with bIII:te:y on a eorreetional om~, aaaault on 8 peace ofilcel', 1Il'$On, attempted . 9$\lIlpe and dastruetinn Df jall property. Jailed on a lIIurde: eha:ge, Saldana had been scheduled to bP.g;n • jtuy triAl Tu~ mombing AI'Dlando Rodrigue" 41, during a gang ftllht in MRPel>. Hill trial was postponed until to- Ulg. He is aceused ot'fatally stab- day. Shezoifra otficiaIs said they also ~ ~m:~cl,~ - su~ Joe u. m....... ~ ....,. ra, 24, au Jolin WI1liaI:II .Ash. baugh, ao, of Caruthers In relation to the riot. The fifth I100r houaes about 24.0 i-...,teo. OIl the midnisht shift, which had begun at 11 p.m., Rancioph was the lone cotrectional officer t:'.!:;'s the tlIJor, and he was up by one offiear in the SB!Iled-off can· . trol room. Sheriff Steve M4garian, whose ' California I?pf)~ • • 1 PECLARATION 2 3 I, 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 A072 (Rev.8/82l Rebecca Montero-Salcedo, swear as follows: I am a prisoner in the Fresno county Jail, and I am charged with 1150 Health & Safety Code, arrested on November 16, 1992. possession of drugs. I was When I first came to the jail, I told the nurse at booking that I was detoxing and would be very sick. She told me that I would have to get through on my own. I stayed there about a month. I was locked in FF3, Isolation. Then they moved me to A Pod. This a lock-down unit. every other day for a thirty minutes. ~oved We get out sometimes the guards forget and don't do this. When I people in the cell. I had to sleep on the floor about two weeks. The cell is a two-person cell. sink. into A Pod, there were three It has two beds, a toilet and a When it rains, water comes into our cell. The mattress is squeezed between the toilet arid the bO,ttom bunk. When the person a the bunk get down, it is necessary for the person on the floor to get up. If a person uses the toilet, their feet would be on the mattress. There is a small desk service for three people to 20 use. 21 on the floor to eat. There is no place to eat food. It is necessary to put it 22 When we come out of our room to go to the shower, we are 23 instructed not to talk to anyone but to go directly to the shower. 24 We have half an hour every day to use the shower and/or telephone. 25 Shower times are from 3:00p.m. to 11:00 p.m. 26 3:30 a.m. and 5:00 a.m. We get fed between Count time is between 9;00 and 9:30 a.m. • • 1 Medications come between 7:00 and 8:00 p.m. 2 3 4 5 6 no one is allowed out of their room. When you count ten cells for thirty is 9 10 11 12 13 16 17 18 19 A072 (Rev.8/821 per day, somebody don't start until 4:00 p.m. anyway. shorted all the time. Showers usually It is impossible to reach lawyers, drug programs, etc. We get out for exercise once a week for forty-five minutes. There is nothing up there for the women like basketball or ping pong. The level of exercise is terrible. being there. You get stressed out When it starts raining, we get all wet. exercise affects your health. two other women. Lack of You are in the same small room with Personal hygiene gets bad. stress from overcrowding. 14 15 minutes Telephone calls are allowed only after 3:00 p.m. 7 8 During those times, There is a lot of There is fighting and arguing. I have been coming to this jail since 1989 and have been in lock-down since that time for getting into a another women. time. fist fight with There have been no violent incidents since that When I need help I push a button in my room. In 1991, a friend of mine died. We all pushed buttons but it took an hour to get her out of the cell. 20 exchanged often enough. 21 them to dry. Clothing is not Women wash clothes in their cell and hang This adds to the overcrowding. 22 There is no reason for a person like me to be locked-down. 23 I have never committed a violent crime, and I am not in protective 24 custody. 25 I have been here. 26 but they do not even answer my I have never gone personally to a classification since I have requested to go to general population, letter. One . of the biggest • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 A072 IReIi.a/a21 problems is overcrowding, lack of time to use the telephone, shower and lack of ability to exercise. There were three people in my two-bunk cell until the day before yesterday. the whole time I have been in A Pod there has been a person sleeping on the floor. The overcrowding causes the ventilation system to be inadequate. In effect, it is freezing. get out of your bed for anything. hands and both jumpsuits. of the overcrowding. ~dical request. During almost You can't You have to wear socks on your The medical care is inadequate because It takes forty-eight hours to answer a • • 1 VERIFICATION 2 I declare under penalty of perjury that the foregoing is true 3 of my own personal knowledge and that I could testify to these 4 facts at trial. 5 Dated 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Wt-r-Z -' 199J at f~ ,California 'k (i\~ttt£~ hlC}1u • • 1 2 DECLARATION 3 4 I, 5 Charles Richard Wilbanks, swear as follows: I was arrested on November 8, 1992, and brought to the Fresno 6 ain Jail. 7 I arrived around 2:00 a.m. oon on Floor 3, Pod A, of the Main Jail, Cell 10. 8 am presently housed in Cell 4. 10 There are There are now five prisoners in Cell 3. hree bunks in cell 10. 9 There are five there also. risoners sleep on the floor, one is under the bottom bunk and one 11 is in the aisle. 12 I arrived on Monday around 6 The prisoner under (I have the bottom bunk) is feet 2 l.nc . h es, thin, 170 pounds. 13 umps the bunk and wakes me up. 14 ake sure he is not having a seizure. Whenever he turns over he He is an epileptic, so I have to The prisoner in the aisle 15 is right in the walkway. If I want to go to the toilet, I have 16 o get him up. His head is four feet from the toilet. We have 17 ad four or five people in the cell for a month. 18 eal of tension. Five different There is a great personalities, five people 19 fighting their cases and people doing time. 20 I got in a fight myself and split up a couple in the last 21 ay. In the pod there are 48 beds and sixteen cells. There are 22 forty-eight seats for meals. There 23 seventy-five people in the pod. The dayroom is extremely noisy. 24 25 26 now seventy-four or The only personal spot you can find is to take a shower. We go to gym once a week for about an hour. on the roof on another day for an hour. 27 dinner sitting on the floor. 28 are We are allowed It is necessary to eat When we come out for breakfast • • 1 because of the overcrowding, people bunch up together to be first 2 3 in line. They wake us up at 3:00 a.m. to 5:00 a.m. for breakfast. If you don't get up for breakfast, you don't get your sack lunch 4 and you wont' get dinner until 5:00 p.m. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 AO 72 {Rev.81821 It is so overcrowded in here that a man who is having di2zy spells waits for a long time to see a doctor. It is possible to do calisthenics but if seventy-people need calisthenics, it would smell like a swine barn. to do exercises. phone. pod. There would not be no room for everyone You cannot hear when you talk to people over the When I came here, there were thirty or more people in the Now there are seventy-five. are people everywhere. Christmas time. The noise is terrible, and there It is like being in a shopping mall at 1 • • VERIFICATION 2 I declare under penalty of perjury that the foregoing is true 3 of my own personal knowledge and that I could testify to these 4 facts at trial. 5 Da tedrJeQ. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 < {7~ ~~~~~~__ , California • • 1 DECLARATION 2 3 I, Ruben D. cruz, swear as follows: 4 5 6 7 8 9 10 I am presently a prisoner in the Fresno county Jail; in the Old Annex, Second Floor, Cell Block G, Cell 2 (AJ2G2). dimensions are about eight feet by twenty feet. are six bunks of two beds. 13 14 on the floor. We have each of the twelve beds filled We have had as many as eight people on the floor (twenty people overall in the cell) sleeping at one time. The bottom bed is about two feet off the ground. sleeping in a bed has almost no room to turn over. large man could not rollover. The floor is cold. issued is about two inches thick. A man A medium or The mattress The cold has led to a pain in 15 my elbow (from the hard concrete floor as well). 16 sleeping on the floor must sleep on either side of the toilet. 17 try not to use the toilet for their sake. 18 sprinkled with urine now and again. 19 the toilet is also over an air vent ·which causes a cold draft. 20 Many people get colds due to the draft. 21 22 A072 (Rev.S/S21 In our cell there at all times and we usually have six people sleeping under the beds 11 12 The cell Two of the men We They accidently get Further, one person next to I slept on the floor from January I, 1993 until about one week ago. The men who have been in the jail longest get the beds. 23 We have access to the dayroom adjoining our cell at all times. 24 with eighteen people in our cell, not everyone can eat at the two 25 tables in the dayroom. 26 the floor, toilet or a bed. The extra people must eat while seated on • • 1 The overcrowded situation leads to tension among the 2 cellmates. This has caused many arguments. 3 Each week we have two visits to the gym for about one and a 4 half hours. The days are Thursday and saturday. We can do 5 weights, ping pong, game tables, some books. 6 to G4 are in the gym at the same time. All people from GI Not everyone goes each 7 time, but there are usually at least twenty to thirty at a time. 8 I am allowed a 9 library. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 A072 (Rav.81821 week. maximum of one hour per week in the law Sometimes they do not allow me to use it at all in a About eight to ten men use the library at one time. The one hour per week is not enough to prepare my case. If I put in a medical emergency request, the response time is three to four days. seen by a doctor. I often spend the night in pain waiting to be When I requested emergency psychiatric help, I was not seen for one week. The stockings they issue all have holes in them, in the heels and the toes'. The issued sandals are also torn. The meal serving trays have mold buildup from lack of washing. The trays smell bad due to the mold. • • • VERIFICATION I declare under penalty of perjury that this declaration is true of my own personal knowledge and that if called upon at trial, I am competent to testify thereto. Dated G.d-· 4- - 9 3 _ , 199.-1-, at C9-===-_~_~ _________ California. Signature @7~~ Ref# if any _ _ _ _ _ _ _ _ ____ • • • • 1 DECLARATION 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 AO 72 (R... SIS21 I, Joseph Q. Krukowski, swear as follows: I am currently a prisoner in Fresno County Jail, Old Annex, AJ2G3. My group cell is about eight or nine feet by twenty or twenty-one feet. The cell has twelve beds, each filled, and we have five to eight people sleeping on the floor. the floor near the toilet. The two newest men sleep on The newest sleeps next to a vent. water from the shower often leaks through the vent and makes his mattress wet. The mattresses vary from about one-and-half to four inches thick. The room would be okay for twelve men, but it is far too small for seventeen to twenty. From December 8, 1992 until about January 31, 1993 I slept on the floor. I am 6'3: and 205 pounds. I could not rollover. bed above me was about twelve inches from my face. The As I have been here awhile, I have enough seniority for a bed. The lack of room in the cell and dayroom causes tension. 19 tables hold six people each comfortably. 20 elsewhere to eat. 21 people have to restrain themselves from fighting. The The rest must sit The tension leads to many arguments. Often 22 We have access to the law library for one hour once a week. 23 Using the library is hardly worth it because they do not allow you 24 enough time to do research and because too many people use it at 25 one time. 26 library because of that. The copy machine is always in use. I stopped using the I often see the law library empty. • • 1 2 Better use could be made of it if the visits were longer with fewer people using it at one time. 3 4 5 6 7 8 9 10 11 12 13 to one and three-quarters hours each, including travel time to the gym. All cells GI to G4 use it at the same time. men use it at the same time. Only about ten to fifteen people can work out at one time. This makes workouts almost worthless. Many of our eating trays are falling apart and moldy. of plastic are peeling off. When one person gets sick the whole cell gets sick because there is no where to escape. The people on the floor get sick sickness to the others. They spread the Cleaning supplies like detergent should be provided to clean 17 off our tables. 18 the cell. 19 We can't use it to clean our cell.. 22 Layers The mold is grayish. 15 21 I have to stand around quite a bi t waiting for the exercise machines. first because of the cold, damp and drafty floor. 20 Forty to fifty There are three universal systems. 14 16 AD 72 (Rev.8/821 We are allowed to use the gym twice a week for one-and-a-half We have had one rag (the same one) since I entered The rag is f.ilthy and I can't get myself to touch it. Our toilet overflowed once and it took about six hours for security to respond and fix it. Most often there are no guards patrolling the hallways near 23 our cells. When our emergencies come up such as disputes, medical 24 problems, we have to push a button. 25 minutes to get a response. 26 big problem. Sometimes it takes five to ten In a true emergency, this could be a , • • . i • VERIFICATION I declare under penalty of perjury that this declaration is true of my own personal knowledge and that if called upon at trial, I am competent to testify thereto. Dated J ~t{- 93 __ , 199 __ , at __________________________ California. Signature~ /~, Ref# if any _____________________ • • •• ", 1 DECLARATION 2 3 4 5 6 7 8 9 10 11 12 13 14 Second Floor, Cell Block G, Cell 4 (AJ2G4). My cell The G4 cell has six bunk beds of two beds each. beds are always used. The twelve Currently, there are an additional four people sleeping on the floor. We have had as many as eight people sleeping on the floor at a time. The beds/floor space is assigned by prisoner agreement, on a "seniority" basis. The newest prisoner gets the worst floor space, over by the toilet. We only use that toilet when absolutely necessary, out of courtesy to the inmate. The man sleeping near the toilet often gets his mattress soaked 16 the soaked mattress. 17 for the prisoner. Most often the guards do nothing about We have to complain a lot to get dry sheets The wet mattress is never replaced. When we had twenty people in our cell, six would sleep under 19 the beds, one under the telephone and one on a table in the 20 dayroom. 21 wake because the day room would be in use. The person on the table cannot sleep in anyone else is The more crowded the cell the more tension there is between 23 the cellmates. 24 very close to breaking out each day. 25 when it is less crowded. 26 is approximately ten by twenty feet in size. from the shower run-off. 22 (Rev.8/821 I am presently a prisoner in Fresno County Jail, Old Annex, 15 18 "'072 I, Douglas Everett Murphy, swear as follows: When we had twenty men in the cell, fights came The cell is much less tense I have not been outside in the open air since January 5, 1993. • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 except trustees. This lack of fresh air adds to the tension among the cellmates. We get to visit the gym twice per week for one and a half hours at a time. In the gym we can lift weights, read, use game tables, play ping pong or listen to music. There is supposed to be an "athletic director," but she has not been there for at least a month. their own. People have to figure out how to use the equipment on I use the weight equipment: However, there are too many people using the equipment at one time to get a workout. per month. Given that there is not much else to do, we need mora than that. We are fed a 3:00-a.m., a sack lunch and at 5:00-6:00 p.m. a are fed the same amount whether we are small or big. 16 people are underfed. 18 19 20 21 22 23 24 25 26 proper Only two decks of cards per pod (Gl or G2) are given out 15 17 A072 (Rev.SIS21 since the roof has been closed off, no one gets to go outside Our cell was incredibly cold for awhile. for a long time to get adequate heating. Large We had to complain • • • VERIFICATION I declare under penalty of perjury that this declaration is true of my own personal knowledge and that if called upon at trial, I am competent to testify thereto. Dated F(4,. Lt, _ , 199n at _--,-Pv_~--==:..M=-"Q),=,-_ _ __ California. Signature 'j;b-.....,~~.~ Ref# if any _____________ • • • 1 PECLARATION 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 I am a prisoner in the Fresno county Jail. jail on January 11, 1993 to serve a sentence. I have been housed in Annex Jail 2-G-1. in this cell. There are twelve beds. floor for three weeks. gi ven on the basis of seniority. I slept under a bunk. off the floor. to an exhaust vent. Bunks are When I was sleeping on the floor, There is not enough room to eat. tray on the table and stand. I slept next toilet and sit on the bunk. Everybody has to put his I have had to put my tray on the The space under the bunk is so small that many of the men cannot get under the bunk. They sleep with part of their bodies outside the bunk; since I have been here, exercise is available twice a week. 21 The air is stagnant in the gym. 26 I have been sleeping on the My nose was always clogged in the morning. weights. 25 There are seventeen men It is impossible to get comfortable. 20 24 since being here The bunk was approximately eighteen inches I lift weights in the gym. 23 I came Into this I got a bunk three days ago. 19 22 A072 IRw.8/82) I, John Larry Cole, swear as follows: There are not many people who use the Twenty-five to thirty people at a time go to the gym. • I declare under penalty of perjury that the foregoing is true 2 3 of my own personal knowledge and that 4 facts at trial. 5 Dated 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 • VERIFICATION 1 6 • • • ,. 27 28 ~Q,Cf -' 19~ at I could testify to these , California • • 1 DECLARATION 2 3 I, Timothy Blake Pendergas, swear as follows: 4 5 6 7 8 9 10 11 12 13 14 Old Annex, AJ-2-G-l. jail. I am housed in the I have been there since I have been in the When I first got here there were nineteen people in the cell. Now we are down to seventeen. There are twelve bunks in the cell. When there were nineteen in the cell, twelve slept in a bunk and seven on the floor. Of the seven, two slept on the left side under the bunks, three slept on the right side under the bunk, one slept under the phone booth and I sleep in the day area between the tables. there. This lasted for the first week and a half while I was I weight about 260 pounds and am 6'2 1/2" tall. It is very 15 uncomfortable for me to sleep under a bunk. 16 of my leg from sleeping in the same position for so long. 17 above me step on me, bump me, wake me up when they are getting in 18 and out. 19 close quarters. 20 crowding. 21 were getting nervous. 22 riding a bicycle. 23 while everybody goes to the gym. 24 the cell or dayroom. 25 26 A072 \l\ev.81821 I am a prisoner in the Fresno County Jail. I get pains in side People We don't use the toilet in the cell because it is too I have noticed a lot of tension because of the It is very stressful. I saw one fight because people Before I came to the jail I exercised by I use the weights now and then. I try to sleep It is too crowded to exercise in The air is very stuffy and bad. It is a • • 1 DECLARATION 2 3 I, Timothy Blake Pendergas, swear as follows: 4 5 6 7 8 9 10 11 12 13 14 A072 (R ... 8/821 I am a prisoner in the Fresno County Jail. Old Annex, AJ-2-G-l. I am housed in the I have been there since I have been in the When I first got here there were nineteen people in the jail. cell. Now we are down to seventeen. There are twelve bunks in the cell. When there were nineteen in the ceil, twelve slept in a bunk and seven on the floor. Of the seven, two slept on the left side under the bunks, three slept on the right side under the bunk, one slept under the phone booth and I sleep in the day area between the This lasted for the first week and a half while I was tables. there. I weight about 260 pounds and am 6' 2 1/2" tall. It is very 15 uncomfortable for me to sleep under a bunk. 16 of my leg from sleeping in the same position for so long. 17 above me step on me, bump me, wake me up when they are getting in 18 and out. 19 close quarters. 20 crowding. 21 were getting nervous. 22 riding a bicycle. 23 while everybody goes to the gym. 24 the cell or dayroom. 25 cesspool there. 26 people in too small a space. I get pains in side People We don't use the toilet in the cell because it is too I have noticed a lot of tension because of the It is very stressful. I saw one fight because people Before I came to the jail I exercised by I use the weights now and then. I try to sleep It is too crowded to exercise in The air is very stuffy and bad. It is a The vent system works but there are too many • • • VERIFICATION 1 I declare under penalty of perjury that the foregoing is true 2 3 of my own personal knowledge and that I could testify to these 4 facts at trial. 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 Dated 0 04 r.5, 1991 at ';::ved~O Ca, California • 1 DECLARATION 2 3 I, Richard Ruiz swear as follows: 4 5 I I 10 11 12 13 14 15 16 17 18 19 South have been incarcerated in the Fresno County Jail since The cell in which I am held in A pod is approximately 50 by 100 feet in dimension. beds each for incarcerated, a The cell has many bunk beds of two or three total of seventy beds. since I have each of the seventy beds has been occupied. been In addition to the seventy prisoners who sleep on the beds, many more inmates sleep on the floor on mattresses. Up until Saturday, February 6, 1993, all seventy beds were filled at all times. In addition, to these men, we had up to twenty-five men sleeping on the floor, but usually twenty men on the floor. Each of the twenty to twenty-five men slept on a mattress on the floor, without a pillow. made everyone tense and edgy. The overcrowded situation It· led to many fights and even 20 riots. 21 because the guards only supervise during the body count in the 22 morning and before bedtime. 23 in the aisles, wherever there is room. 24 25 26 A072 tRev.8/ 82) prisoner in Fresno County Jail, December 7, 1992. 8 9 currently a Annex, first floor, Cell block A, Cell No.1 (AJIAI). 6 7 am a Several inmates got beaten up badly without guards noticing Some men sleep under the beds and some Hen get stepped on very often because of the floor sleeping situation. The overcrowding leads to unsanitary conditions, including • , 1 2 3 4 mildew on the walls, plaster falling off the wall (stucco wire is exposed}, plugged up toilets and sinks, pitch-black air filters for the air-conditioning v.ents, 7 8 9 10 Our dayroom is part of our 50 by 100 foot room. two tables of six chairs each. there and play ping pong. We can lift weights in There is no basketball hoop. two hours access to the gym, twice a week. . Beginning Saturday, removed from the cell. 13 the cell. 14 is less tense. 15 since then. 16 February 6, Aside from this we only 1993, men Some beds are empty. This helps a lot. I declare under penalty of perjury that the foregoing is true 18 ________________ , California. correct. Executed on ---------------------, 19 24 25 26 A072 (R... B/B21 The situation Fewer fights have broken out, on a relative scale, and 23 started being NOw there are less than seventy people in 17 22 We have leave the room for visitors and interviews. 12 21 It is only The only time we get to leave this room is to go to the gym twice a week. 11 20 including cockroaches. 5 6 among other conditions, RICHARD RUIZ at ~. II II I ' ·1 'l I ,. ,. '. . '' I' "I. ' : ., ~ t,,· J I' II, I, , " '. I.. 1,.1 . 'I. I . ,II ,I II "' II I ., l' ". 'I . . : j' I. 'I , I .~ . '.~. OJ '" ,":~, .-t\ , ..'P. .p , r- 1 .,1 . ... I .. ', :I ', .. . . .@913 w. Ska.? Cay/V A?HWlef emu 0. $111.11.. rum. 9M0 Cm 0611.31Ah? 826.142.. Ln? Alta! ?than $087.7. lEAnanlhaolc .-. - . .IHIIQH Vii? I1 HWliwrfw.ulAmm1w.v1n??w1 ..p.07. 24.01.1ml11 113. . . __lOoFl_ oL/El?cw10l?vaEP31 am afafm.-- 1.11.11.13.50 . . ll?w?l?riluf?mlzm. .. . Einva cumrJ/AMli .4me1 .. 90 -. . . 1!le ll II. i 33.0. v. 21va .1. El 3.1.1: .dd 31m 1111 w<3lH?me1lw1 ?Manna! mUHnw? $9?me Fm 43Vl4.c1o.m1n.wm. 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