HomeMy WebLinkAboutMINUTES - 02071984 - 1.17 / / 7
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on February 7, 1984 by the following vote:
AYES: Supervisors Powers , Fanden, Schroder, McPeak, Torlakson
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: Authorizing Legal Defense
IT IS BY THE BOARD ORDERED that the. County provide
legal defense for the persons listed below in connection with
United States District Court, Northern District of California,
Case No. 84-94WWS , Penny L. Grant vs . Michael R. Coleman and
Harriette Henrickson, reserving all rights in accordance with
provisions of California Government Code Sections 825 and 99S:
Michael R. Coleman, Juvenile Court Referee
Hariette Henrickson, Social Casework Specialist I
1 hereby certify that this Is a true and correct copy of
an action taken and entered on ft minutes of the
Board of Supervisors on the date shown.
ATTESTED: 7 /!7 y
J.R. OLSSON, COU�ff CLERK
and ex officlo Clerk of the Board
BQtA2�t'- , Deputyy
Orig. Dept.: Clerk of the Board
cc: County Counsel
Director, Social Services
County Administrator
113
Social Service Department Co ltra F�03p replyR
3Muir Road
R. E. Jornlin Costa Martinez,CA 94,553
Director
C
urly
January 27, 1984
Board of Supervisors
Contra Costa County
Administration Building �3Y
Martinez, CA. 94553 Y- CSU"
V-
Dear Board Members:
Re: Request for Legal Defense .
I have been served with a complaint in the case o P :y L. Grant vs.
Michael R. Column, Harriette Henrickson, No. C4�-94WWS. In accordance
with Government Code Sections 825, 960.2, 995 and 53051, I request the
County of Contra Costa to provide for my defense in said action.
Very truly yours,
xo//�
Harriette Henrickson
Social Casework Specialist I
Children's Protective Services
HH:bm
cc: County Counsel
Director, Social Service Department
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ill Kl�A ffornin CO)
COUNTY OF CONTRA COSTA
COURTHOUSE + ,4!
MICHAEL R.COLEMAN MARTINEZ,CALIFORNIA 94553
JUVENILE COURT REFEREE
January 31, 1984
Board of Supervisors
Contra Costa County
Administration Building
Martinez, California 94553
Dear Board Members:
Re: Request for Legal Defense
I have been served with a complaint, in the case of Penny L. Grant
vs. Michael R. Coleman and Harriette Henrickson No. 84-0094 WWS, U.S.
District Court, Northern District of California.
In accordance with Government Code Sections 825, 960.2, 995, and
53051, I request the County of Contra Costa to provide for my defense
in said action.
Very truly your ,
n
o�\haeltdcleman �''
Juvenile Court Referee
MRC:lmm
cc: County Counsel
Max Wilcox, Jr. , Presiding Judge
Richard Patsey, Juvenile Court Judge
Apa-V2U IV-410
115-
U.S. Department o; Justice
UNITED STATES MARSHALS SERVICE
NOTICE AND ACKNOWLEDGMENT FOR SERVICE BY MAIL
United States District Court
' •
Northern for theDistrict of California
Civil Action, File Number C83-94 WW S
) Notice and Acknowledgment
) of Receipt of Summons and
) Complaint
Harriette )Henrickson
To: ---See#lServiee Dept i)iatrict nff{
40 Muir Read, Martinemy Ca 94-5-53
The enclosed summons and complaint are served pursuant to Rule 4(c)(2)(C)(ii)of the Federal Rules of Civil Procedure.
You must complete the acknowledgment part of this form and return one copy of the completed form to the sender
within 20 days. An envelope has been enclosed for this purpose.
YOU MUST SIGN AND DATE THE ACKNOWLEDGMENT. If you are served on behalf of a corporation, unin-
corporated association (including a partnership), or other entity, you must indicate under your signature your relationship
to that entity. If you are served on behalf of another person and you are authorized to receive process, you must indicate
under your signature your authority.
If you do not complete and return the form to the sender within 20 days, you (or the party on whose behalf you
are being served) may be required to pay any expenses incurred in serving a summons and complaint in any other manner
permitted by law.
If you do complete and return this form, you (or the party on whose behalf you are being served) must answer the
complaint within 20 days. If you fail to do so, judgment by default will be taken against you for the relief demanded in the
complaint.
I declare, under penalty of perjury, that this Notice and Acknowled ment of cei t of um ons and Complaint
was mailed on JanuarX 23, 1984
ert J. La
Signatur
January 23 , 1984
Date of Signature
-----------------------------------------------------------------------------------------------------------------------------------------------------------------
ACKNOWLEDGMENT OF RECEIPT OF SUMMONS AND COMPLAINT
I declare,under penalty of perjury,that I received a copy of the summons and of the complaint in the above captioned
manner at
St. No. & Name or P.O. Box No.
City, State and Zip Code
Signature
Relationship to Entity/Authority to Receive
Service of Process
1>0J-]%3-02 Date of Signature
` 1 Form US1t 299
U.S. Department of Justice
UNITED STATES MARSHALS SERVICE
NOTICE AND ACKNOWLEDGMENT FOR SERVICE BY MAIL
United States District Court
• for the
Northern District of California
Civil Action, File Number __ G83-94 WW S
Notice and Acknowledgment
of Receipt of Summons and
Complaint
Harriette Henrickson
To: Sociai Service Dept District Office
30 Muir Road, ' MaLtile& , ea 94553
The enclosed summons and complaint are served pursuant to Rule 4(c)(2)(C)(ii)of the Federal Rules of Civil Procedure.
You must complete the acknowledgment part of this form and return one copy of the completed form to the sender
within 20 days. An envelope has been enclosed for this purpose.
YOU MUST SIGN AND DATE THE ACKNOWLEDGMENT. If you are served on behalf of a corporation, unin-
corporated association (including a partnership), or other entity, you must indicate under your signature your relationship
to that entity. If you are served on behalf of another person and you are authorized to receive process, you must indicate
under vour signature your authority.
If you do not complete and return the form to the sender within 20 days, you (or the party on whose behalf you
are being served) may be required to pay any expenses incurred in serving a summons and complaint in any other manner
permitted by law.
If you do complete and return this form, you (or the party on whose behalf you are being served) must answer the
complaint within 20 days. If you fail to do so, judgment by default will be taken against you for the relief demanded in the
complaint.
I declare, under penalty of perjury, that this Notice and Acknowled-ment ofcel t of um ons and Complaint
was mailed on .Iw3uary23,-1984 i
ert
"Signature(,/
January 23 , 1984
Date of Signature
-----------------------------------------------------------------------------------------------------------------------------------------------------------------
ACKNOWLEDGMENT OF RECEIPT OF SUMMONS AND COMPLAINT
I declare, under penalty of perjury,that I received a copy of the summons and of the complaint in the above captioned
manner at
St. No. & Name or P.O. Box No.
City, State and Zip Code
Signature
Relationship to Entity/Authority to Receive
Service of Process
DOJ.1981-0: Date of Signature g r�
11 / Form l S\]•_�v
CIV 3 ;Rev. IDIZ2) a, SUMMONS IN A CIVIL ACTION
(�''
ittfrb CffFS i5frirf Cl- DISTRICT NORTHERN DISTRICT
PENNY L. GRANT, PRO SE .; c °Q�€ P `? j� E � k� `.% _; ` �" z r
PLAINTIFF,
TO: (NAME AND ADDRESS OF DEFENDANT)
COUNTY OF CONTRA COSTA
V COLEMAN , MICHAEL R. -00. JUVENILE
MICHAEL R. COLEMAN. COURT REFEREE and
HARRIETTE HENRICKSON HENRICKSON, HARRIETTE-CO. JUVENILE
SOCIAL CASE WORKER SPECIALIST
DEFENDANTS
YOU ARE HEREBY SUMMONED and required to serve upon
PLAINTIFF'S ATTORNEY (NAME AND ADDRESS)
PENNY L. GRANT, PRO SE
V 5529 penns.ylvania Blvd. co'ples
Concord , California 94521 �/,S`p Or
415-672-9341 ,QTTA oS/T/' oTjce
OF
� Fp rC BYq M� R/CNr
t 1 SU,g/ Y/j ' F
CN
an answer to the complaint which is herewith served upon you, within(Ao) Tµ'e/it/
days after service of this summons upon you, exclusive of the day of service. If you fail to do so,
judgment by default will be taken against you for the relief demanded in the complaint.
R•
V
CLERK DATE
YY1L�.1Af1� L:�1(.HIT,fRKER.=.
1-20-84
(BY) DEPUTY CLERK
Martha Genochio
• 11 �
' f
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
NOTICE OF RIGHT TO CONSENT TO DISPOSITI014
OF A CIVIL CASE BY A UNITED STATES MAGISTRATE
In accordance with the newly-enacted "Federal Magistrates
Act of 1979" (Public -Law 96-82 , October 10 , 1979, Section 636(c)
of Title 28 , U. S.C. , the parties may consent , by written request ,
that "any or all proceedings in a jury or nonjury civil matter"
may be conducted by a "magistrate who serves as a full-time
judicial officer." This civil jurisdiction includes entry of
judgment at the conclusion of trial and "appeal directly to the
appropriate United States Court of Appeals . . . in the same Danner
as an appeal from any other judgment of a district court. " In
the alternative , the consent of the parties may reserve "an
appeal on the record to a judge of the district court in the same
manner as an appeal from a judgment of the district court to a
court of appeals ."
All full-time magistrates have been specially designated to
exercise jury or non-jury civil jurisdiction in the Northern
District of California.
When plaintiff files a complaint, the clerk, as required by
28 U. S.C. , S 636(c) (2) , shall provide forms of consent (attached
to this notice) . Plaintiff shall complete the selected form at
the time of filing or at any time within 10 days of such filing ,
and mail it directly to the clerk. The clerk shall also staple
119
copies of the consent to the summons which is served upon parties
named as defendants. They shall complete the appropriate consent
form within 10 days of receipt of service and also mail it to the
clerk.*
Consent of the parties shall be voluntary and shall be
communicated directly to the Clerk of the United States District
Court. Neither a district judge nor a magistrate will attempt to
persuade or induce a party to give consent toa reference of the
case to a magistrate.
*At any time after proceedings are commenced , the parties may
stipulate that a magistrate may conduct a civil bench or jury
trial and submit such stipulation to the assigned judge in
accordance with the provisions of LR 405(k) . In his discretion,
the judge may refer the matter to a magistrate pursuant to the
stipulation.
120
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
}
Plaintiff, )
V. ) DOCKET NO.
Defendant. )
CONSENT TO PROCEED BEFORE A UNITED STATES MAGISTRATE
In accordance with the provisions of 28 U. S.C. 4 636(c) ,
the parties to the above-captioned civil proceeding hereby
waive their right to proceed before a Judge of the United
States District Court and consent to have a United States
Magistrate conduct all further proceedings in the case ,
including the trial of the case, and order the entry of
judgment.
Theparties further consent to appeal directly
to the United States Court of Appeals for this
Circuit in the same manner as an appeal from
any judgment of the District Court.
The parties further consent to appeal on the
record to a judge of the District Court in
conformity with Local Rule 410-2(b) .
Counsel or aintir a en ant
ORDER OF REFERENCE
IT IS HEREBY ORDERED that the above-captioned matter be
referred to the office of Chief United States Magistrate Owen E.
Woodruff for assignment. The designated Magistrate will conduct
all further proceedings and enter judgment in accordance with
28 U.S.C. S 636(c) and the foregoing consent of the parties.
—UN A S DISTRICT JUDGE
121
�.� PENNY L. GRANT
5529 PENNSYLVANIA BLVD. ,
CONCORD, CALIFORNIA 94521
PH . 415-672-9341
Pro Se
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA `
I •
PENNY L. GRANT )
` c'4- 0 0 94
QT
r
PLAINTIFF ) CASE- NO.
VS )
DEPRIVATION OF CIVIL, CONSTITUTIONAL
MICHAEL R. COLEMAN , and ) AND INALIENABLE RIGHTS
HARRIETTTE HENRICKSON )
DEFENDANTS )
PLAINTIFF ALLEDGES :
COMPLAINT
I
PLAINTIFF Penny L. Crant is a Free and Natural Citizen of the
Unit d' States of America, domiciled in the City of Concord, County
o Contra Costa , State of California and has and does always
demand all her Rights at ALL times , never waiving any Rights at
any times . `
II
Defendant Michael R . Coleman is now , and at all times
material hereto , and is duly appointed, employed, and acting
Juvenile Court Referee of the County of Contra Costa , a municipal
COMPLAINT -1-
1.22
1
corporation and governmental subdivision of the State of
California; Defendant is also a resident of said county.
III
Defendant Harriette Henrickson is now, and at all times
material hereto is , duly appointed , employed , and acting Social
Case Work Specialist ( I ) of the County of Contra Costa , a
municipal corporation and governmental subdivision of the state
of California; Defendant is -also a resident of such county.
IV
This action arises under the United States Constitution,
pariticulary under the provisions of Article I Section 10 , Clause
I , the Fifth , Sixth , Nineth , and Fourteenth Amendments to the
Constitution of the United States , and under Federal Law,
particularly under Title 42 of the United States Code, Section
1983 .
V
This Court has Jurisdiction of this case under and by virtue
of Title 28 of the United States Code , Section 1343.
VI
Each and ALL of the acts of Defendants alledged herein were
done by Defendants, and each of them, as individuals , acting in
there offical capacity , and under color and pretense of the
Statutes , ordinances , regulations , customs , and usages of the
State of California , County of Contra Costa , and under the
authority of their office for such county.
COMPLAINT -2-
123
VII
On January 3rd , 1984 , at approximately 11. o ' clock A.M. ,
Plaintiff entered a Contra Costa County Office building located at
30 Muir R.Dad , City of Martinez , County of Contra Costa, State of
California , and did so under threat of having a loved one (child"
of 12 years ) removed from her home and did "Appear Specially" , at
an administrative hearing to challenge the jurisdiction of the
Juvenile Court with the assistance of counsel of choice.
VIII
Defen3ant Harriette Henrickson, did call Plaintiff , who was
waiting in an outer waiting room into an outer hall way and did
then and their inform Plaintiff that her counsel would not be
allowed to speak at the proceedings , and in so doing denied
plaintiff the assistance of counsel .
IX
Plaintiff entered a small room with counsel and Defendants
did identify themselves as stated in paragraphs II , III and as
Plaintiff introduced her counsel and Plaintiff ' s counsel
identified himself as Plaintiff ' s Next friend. Defendant Michael
R. Coleman did deny Plaintiff the assistance of counsel and did so
without a hearing or any Lawful cause whatever.
X
Defendant Michael R. Coleman , did throughout the hearing , at
any time Plaintiff ' s counsel attempted to assist her , or at any
time Plaintiff requested the assistance of her counsel , did
COMPLAINT -3-
124
harass , threaten , and intimidate Plaintiff ' s counsel and refused
to allow Plaintiff the assistance of counsel .
XI
The conduct of Defendants , each of them, deprived Plaintiff
of the following Rights , privileges and immunities secured to her
by the Constitution of the United States .
I . The Right of Plaintiff to contract secured by Article
I Section 10 , Clause I , the Fifth , Ninth, and Fourteenth
Anendments to the Constitution of the United States .
2 . The Right of Plaintiff to have the Assistance of
Counsel who is her Next Friend, not a lawyer or attorney, secured
by the Sixth and Ninth Amendments to the Constitution of the
United States .
3 . The Right of Plaintiff to Due Process of Law secured by
the Fifth and Fourteenth Amendments to the Constitution of the
United States .
4 . The Right of Plaintiff to Equal Protection of the Laws
secured by the Fourteenth Amendment to the Constitution of the
United States .
XII
The acts , conduct, and behavior of Defendants , and each of
them, were performed knowingly, intentionally, and maliciously, by
reason of which Plaintiff is entitled to an award of punitive
damages in the sum of 500 , 000 00 Lawful Dollars of the United
States of America.
COMPLAINT -4- ;,
1
r
Wherefore , Plaintiff Demands Judgment :
1 . Awarding , Plaintiff Damages in the amount of 125., 000 00 Lawfull
Dollars of the United States.
2 . Awarding Plaintiff Punitive Damages in the amount of 500 , 00000
Lawfull dollars of the United States .
J Awarding Plaintiff reasonable costs and expensEs of this
Action and :
4 . Granting Plaintiff such other and further relief as may be
just and proper .
Ci
DATED THIS DAY OF
f Respectfully submitted ,:
Penny L/ Grant
Pro Se
VERIFICATION
I , PENNY L. GRANT, DECLARE UNDER ALL THE PAINS AND PENALTIES
OF PERJURY THAT THE ABOVE AND FOREGOING IS TRUE AND CORRECT TO THE
BEST OF MY KNOWLEDGE AND BELIEF.
41
PENNY L. '4RANT
PRO SE
COMPLAINT -5-
-1?6
i
UNITED STATES DISTRICT COUft
NORTHERN DISTRICT OF CALIFORNIA
v7
t. .' f. C
FORMA PAUPERIS DECLARATI�
I hereby apply for leave to proceed without prepayment ofs U
fees or costs or security therefor. In support of m
application, I state under penalty of perjury that the
following facts are true :
(1) I am the plaintiff, and I believe I am entitled to
redress.
(2) I am unable to pay the costs of said action or give
security because :
I penny L. Grant do not have any real or personal property ,
ncr r?o I work. , and with caring for 5 children I am relying
on family for monetary sarport.
(3) The nature of this action is :
brcuzh*l under title 42 section 1981 , for a violation
cf tn,✓ Constitutional rights
9, ,unary. 1983
DateignatuFi-7o Petitioner
Penny L. Grant
NUC CSA-13 7-82
127
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8 UNITED STATES DISTRICT COURT
9 NORTHERN DISTRICT OF CALIFORNIA
10
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11 _ \�;✓., ) ear x; YYY
12 )
Plaintiff (s) , ) NO. C- -WWS
13 )
V. ) ORDER SETTING
14 ) STATUS CONFERENCE
)
15 )
Defendant (s) . )
1G }
17 IT IS HEREBY ORDERED that, pursuant to Rule 16, Federal
Rules of Civil Procedure, and Local Rule 235-3, a status and
18 scheduling conferenc will beheld in this case before the
undersigned on / - L/ at 9 a.m. in
19 Courtroom No. 9.
20 Plaintiff is directed to serve copies of this order at
once on all parties to this action, and on any parties sub-
21 sequently joined, in accordance with the provisions of Rules
4 and 5, Federal Rules of Civil Procedure. Following service,
22 plaintiff shall file a certificate of service with the Clerk
of this Court.
23
Counsel are directed to confer in advance of the status
24 conference with respect to all of the agenda items listed
below. Not less than ten days before the conference, counsel
25 shall file, jointly if possible, a status conference statement
26 addressing each agenda item.
Matters which the Court will take up at the status
2i conference will include the following:
28 1. Jurisdiction and service. Does the Court have subject
matter jurisdiction? Are all parties subject to the Court's
128
' i
1 jurisdiction? Do any remain to be served?
2 2. Substance of the Action. What are the factual and
3 legal bases for plaintiff's claims and defendant's defenses?
(See Rule 11)
4 3. Identification of Issues. Which factual and legal
5 issues are genuinely in dispute?
4. Narrowing of Issues. Can the issues in litigation
6 be narrowed by agreement or by motions? Are there dispositive
or partially dispositive issues appropriate for decision on
7 motion? (See Rule 16 (c) (1) (3) (4) )
8 5. Relief. What specific relief does plaintiff seek?
9 What is the amount of damages sought and generally how is it
computed?
10 6. Discovery. What discovery does each party intend
11 to pursue? Can discovery be limited? Are less costly and
time-consuming methods available to obtain necessary informa-
12 tion? (See Rule 26 (b) (1) ) Should a discovery order be
entered pursuant to Rule 26 (f) ?
13 7. Alternative Means of Disposition. Is the case
14' suitable for reference to binding arbitration, to a master,
or to a magistrate for trial? (See Rule 16 (c) (6) )
15 8. Length of Trial. What are the dimensions of the
16 trial anticipated by the parties? Is it feasible and
desirable to bifurcate issues for trial? Is it possible to
17 reduce the length of the trial by stipulations, use of
summaries or statements, or other expedited means of pre-
18 senting evidence?
19 9. Will this case be tried to a jury?
20 10. Are there related cases pending before other
judges of this Court? (L.R. 205-2)
21 11. In class actions, establishing dates for class
22 certification proceedings, defining the scope of necessary
discovery, establishing notice procedures, and identifying
23 other class management issues.
24 12. Setting of dates for discovery cutoff, pretrial
conference and trial. (See Rule 16 (b) )
25 13. Settlement. What are the prospects for settlement?
26 Does any party wish to have a settlement conference with
another judge or magistrate? How can settlement efforts be
27 assisted? (L.R. 240-1)
28 14. Such other matters as any party considers conducive
to the just, speedy and inexpensive determination of this
-2- 129
`. 1. '..
1 action. (See Rule 16 (a) and (c) )
2 Each party shall be represented at the status conference
by counsel prepared to address all of the above matters.
3 Representatives of the parties may, but are not required to
attend. Failure to prepare for and participate in good
4 faith in the conference may result in the imposition of
sanctions. (See Rule 16 (f) )
5
No continuance of the conference will be granted except by
6 order of the Court upon application of the parties made seven
days before the date of the conference supported by a
7 declaration stating the reasons for the request.
8 DATED:
9
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WILLIAM W SCHWARZER
11 United States District Judge
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131
UNITED - STATES DISTRICT COURT ,
NORTHERN DISTRICT OF CALIFORNIA
PENNY L. GRANT )
Plaintiff ) Civil No. C84-0094 WWS
(Petitioner) )
VS. ) ORDER PERMITTING FILING
IN FORMA PAUPERIS AND FOR
MICHAEL R. COLEMAN and ) ISSUANCE OF PROCESS
HARRIETTE HENRICKSON )
)
Defendant )
(Respondent) )
IT IS ORDERED that the above entitled action be filed
in forma pauperis and that the Clerk issue summons .
IT IS FURTHER ORDERED that the U. S. Marshal , for the
Northern District of California , serve , without prepayment
of fees , a copy of the complaint , any amendments or attach-
ments , plaintiff' s affidavit and this order upon the defendant.
DATED: l
7 + r
UNITED STATES DISTRICT JUDG
b
o (NOT TO BE USED IN HABEAS CORPUS CASES)
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2 NDC CSA-7 Rev. 1 -83
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