(Oct. 1, 2020) – On behalf of the thousands of people incarcerated in Contra Costa County Jail now and in the future, the Prison Law Office has reached a settlement with Contra Costa County in a class action lawsuit that seeks to end the dangerous and unconstitutional conditions at the jail.

The Complaint, filed by three people incarcerated in the Contra Costa County jails on behalf of all people incarcerated in the jails, includes allegations that the medical and mental health care provided by the County does not meet the minimum standards required by the Eighth Amendment to the U.S. Constitution.  The Complaint also alleges that the jails do not meet the standards required by the Americans with Disabilities Act (ADA) in that people with disabilities who are incarcerated in the jails do not have equal access to the programs, services and activities provided by the County.  The County has denied the allegations, but has agreed to a court enforced Consent Decree and remedial plan that will improve medical and mental health services.  Negotiations about a plan for disability access will occur in the near future.

The settlement in Young v. County of Contra Costa is the product of several years of negotiations that was guided by the detailed reports of four nationally recognized correctional experts who conducted assessments of the County’s jail system.  “We are grateful to the Board of Supervisors, Sheriff David Livingston and the County’s health department for being willing to make significant changes to improve medical and mental health care in the county’s jails through the proposed Consent Decree,” said Don Specter, Executive Director of the Prison Law Office.  “These changes will save countless lives, reduce the suffering of people confined in the jails and increase public safety,” stated Corene Kendrick, staff attorney at the Prison Law Office.

Other reforms urged by the Prison Law Office have been implemented at the County’s jails, such as a reduction in the use of solitary confinement, increased privacy during the booking process, a classification system that is based on behavior rather than criminal charges, and modifications to units housing patients with mental illness.

Since the COVID-19 pandemic began, the jail population has been reduced significantly.  “Maintaining and further reducing the current jail population—and shrinking the footprint of the County’s jail system—is, without question, the best pathway to cost-effective and successful implementation of the remedial plan,” said Corene Kendrick, staff attorney at the Prison Law Office. “It’s the right thing to do for the safety and well-being of our class members, and it’s the right thing to do for Contra Costa County community at large,” stated Kendrick.

Under the settlement agreement, the Prison Law Office, as class counsel, and designated court-appointed experts will monitor implementation of the remedial measures.

The proposed settlement—embodied in a Consent Decree—will be remains subject to approval by the federal court.

A copy of the complaint and the settlement agreement are available here.