ACLU Discrimination Class-Action Suit Against County Jail Wades Forward

Parties in a class-action lawsuit alleging discrimination against gay, bisexual and transgender (GBT) inmates at West Valley Detention Center appear open to resolving the case independently or through formal mediation, yet first must wrap up a weighty discovery effort.

The American Civil Liberties Union Foundation of Southern California, along with a Los Angeles-based law firm, filed the federal complaint in October 2014 against San Bernardino County Sheriff John McMahon, other jail officials and the county.

At its core, it contended that policies at the Rancho Cucamonga facility were systematically discriminatory against GBT inmates, purportedly denying them access to programs afforded to inmates in general population. The alleged restrictions extend to work, drug treatment and educational and religious services. The suit also suggests deputies have retaliated against inmates in the two-tier, 16-cell alternative lifestyle tank for complaining.

The defendants have pushed back against the claims, saying the sheriff’s department has “done an exemplary job of ensuring that GBT … inmates are housed in a safe environment while also ensuring that these inmates receive the full complement of activities and services to which they are legally entitled,” according to a March 28 joint filing.

The filing, the last legal brief submitted in the case as of Wednesday, also describes “enormous requests” for discovery submitted to the sheriff’s department on an ongoing basis since last year, including copies of department policies and practices and electronically stored information.

The extensive discovery process will ultimately preclude depositions.

The March 28 filing also indicated that jail site inspections were planned for Wednesday and Thursday, while a second meeting in an effort to resolve or at least narrow some of the issues at hand was scheduled for June.

Meanwhile, depositions were tentatively slated for July and August.

“The parties are open to attempting to resolve the case through their own efforts or through formal mediation yet to be scheduled,” the filing stated.

But if those efforts prove unfruitful, the sides will likely either request a magistrate judge or private mediator to assist with settlement negotiations. A settlement conference deadline has been set for Aug. 14, 2017, six weeks before a tentative trial date.

The plaintiffs suggest that a trial would run 10 to 15 days, while the defendants estimate it will last about eight.

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