Case 2:14-cv-00773-GHK-E Document 1 Filed 01/31/14 Page 1 of 24 Page ID #:564

1 ERNEST GALVAN - 196065
BLAKE THOMPSON -.255600
2 ROSEN BIEN GALVAN & GRUNFELD LLP
315 Montgomery Street, Tenth Floor
San Francisco, alifornia 94104-1823
Telephone: (415) 433-6830
Facsimile: (415) 433-7104
Email:
eggalvan@rbag.com
bthompsonibgg. coin
BRIAN A. VOGEL - 167413
THE LAW OFFICES OF BRIAN A. VOGEL, PC
770 County Square Drive, Suite 104
Ventura, alifornia 93003
Telephone: 805 654-0400
Facsimile: @@ 654-0326
brianbvogel.com
Email:

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LANCE WEBER - Fla. Bar No. 104550*
HUMAN RIGHTS DEFENSE CENTER
P.O. Box 1151
Lake Worth, Florida 33460
Telephone: (561 360-2523
Facsimile: (866) 735-7136
lweber@humanrightsdefensecenter . org
Email:
Pro Hac Vice Application To Be Filed

Attorneys for Plaintiff
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
PRISON LEGAL NEWS, a project of th
HUMAN RIGHTS DEFENSE CENTE'

7
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t1?
V

Plaintiff,
V.

COUNTY OF VENTURA., GEOFF DEAN,
GARY PENTIS, LINDA OKSNER,and
23 RICK BARRIOS, in their individual and
official capacities DOES 1-10, in their
24 individual and official capacities,
25

2

COMPLAINT FOR
DECLARATORY AND
INJUNCTIVE RELIEF
ER
THE CIVIL RIGHTS ACT, 42
U.S.C. §1983 AND DAMAGES
JURY TRIAL DEMANDED

Defendants.

26
27
28
[10276743)

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF UNDER THE CIVIL RIGHTS ACT.
42 U.S.C. § 1983 AND DAMAGES

Case 2:14-cv-00773-GHK-E Document 1 Filed 01/31/14 Page 2 of 24 Page ID #:565

INTRODUCTION
2

Plaintiff PRISON LEGAL NEWS ("PLN" or "Plaintiff'), a project of the

3 Human Rights Defense Center, brings this action challenging Defendants'
4 censorship of its monthly publication and of correspondence mailed to prisoners and
5 pre-trial detainees (collectively, "inmates") held in custody at Ventura County jails,
6 in violation of the First and Fourteenth Amendments to the United States
7 Constitution. Defendants have adopted and implemented mail policies and practices
8 that unconstitutionally restrict PLN's correspondence with inmates. Defendants'
9 mail policies are unconstitutional on their face and as applied, and are
10 constitutionally infirm because they are unduly broad and vague. Defendants' mail
11 policies and practices also do not afford adequate notice and an opportunity to
12 challenge the censorship, in violation of PLN's right to due process. Defendants'
13 policies, practices, and actions thus violate PLN's rights and the rights. of others who
seek to send mail and publications to inmates at Defendants jails under the First
Amendment and the Due Process and Equal Protection Clauses of the Fourteenth
Amendment. PLN brings this action, pursuant to 42 U.S.C. § 1983, seeking
injunctive and declaratory relief, and damages to be proven at trial.
JURISDICTION AND VE1\1E
1.

This action arises under the First and Fourteenth Amendments to the

United States Constitution and is brought pursuant to 42 U.S.C. § 1983. This Court
has both subject matter jurisdiction and diversity jurisdiction over this action under
22 28 U.S.C. §§ 1331, 1332, 1343, 2201, and 2202.
23

2.

Venue is proper in the Central District of California under 28 U.S.C.

24 § 1391(b)(2) because substantial acts and omissions giving rise to the claims
25 occurred in this District, including Defendants' implementation of the challenged
26 mail policies and practices, and because Defendants reside in this District.
27
28
1102767431

PARTIES
3.

Plaintiff PRISON LEGAL NEWS is a project of the Human Rights
1

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF UNDER THE CIVIL RIGHTS ACT,
42 U.S.C. §1983 AND DAMAGES

Case 2:14-cv-00773-GHK-E Document 1 Filed 01/31/14 Page 3 of 24 Page ID #:566

1 Defense Center ("HRDC"), a Washington Non-Profit Corporation. The core of
2

HRDC's mission is public and prisoner education, advocacy, and outreach in

3 support of prisoners' rights in furtherance of their basic human rights. PLN
4 publishes and distributes a monthly journal of corrections news and analysis, and
5 offers and sells books about the criminal justice system, legal reference books, and
6 self-help books of interest to prisoners. PLN has a broad audience, including
prisoners, lawyers, courts, libraries, and members of the general public throughout
the country and abroad.
4.

Defendant COUNTY OF VENTURA is a municipal corporation,

organized and existing under the laws of the State of California. Defendant
COUNTY OF VENTURA is, and was at all relevant times mentioned herein,
responsible for the actions and/or inactions and the policies, procedures, customs
and practices of the Ventura County Sheriff's Department ("the Sheriff's
Department" or "the Department"), the Ventura County Sheriff's Detention Services
Division ("the Detention Services Division"), and their respective employees and
agents. The Department operates the Pre-Trial Detention Facility, the Todd Road
Jail, and the East County Jail (collectively, the "jails"), and is and was responsible
for adopting and implementing mail policies governing incoming mail for inmates at
Ventura County jails.
5.

Defendant GEOFF DEAN is the Sheriff of the COUNTY OF

VENTURA, and has held this position since January 3, 2011. Defendant DEAN is

employed by and is an agent of Defendant COUNTY OF VENTURA and the
Department. He is responsible for overseeing the management and operations of the
Detention Services Division, and for the hiring, screening, training, retention,
supervision, discipline, counseling, and control of the personnel of the Ventura
County jails who interpret and apply the Detention Services Division's mail policy
for inmates. As Sheriff, Defendant DEAN is the final policymaker for Defendant
[102767431

COUNTY OF VENTURA with respect to the operations of the Ventura County
2
COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF UNDER THE CIVIL RIGHTS ACT,
42 U.S.C. §1983 AND DAMAGES

Case 2:14-cv-00773-GHK-E Document 1 Filed 01/31/14 Page 4 of 24 Page ID #:567

1 jails, including for policies governing incoming mail for inmates. He is sued in his
individual and official capacities.
6.

Defendant GARY PENTIS is an Assistant Sheriff of the COUNTY OF

VENTURA, and has been in charge of the Detention Services Division since

approximately January 3, 2011. He is employed by and is an agent of Defendant
COUNTY OF VENTURA and the Sheriff's Department. The Detention Services
Division is the largest of the Department's four divisions in both personnel and
budget, and includes all job positions related to inmate services, including reception,
booking and classification, jail services, and court room and pre-trial security
services. As Assistant Sheriff in charge of the Detention Services Division,
Defendant PENTIS is responsible for the operation and management of the Ventura
12 County jails and for the promulgation and implementation of Detention Services
13 Division policies, including the inmate mail policies challenged herein. He is also
14 responsible for the hiring, screening, training, retention, supervision, discipline,
counseling, and control of the personnel of the Ventura County jails who interpret
and apply the Detention Services Division's mail policy for inmates. He is sued in
his individual and official capacities.
7. Defendant LINDA OKSNER is the Commander in charge of the Todd

s

Road Jail for the Sheriff Department. She is employed by and is an agent of
Defendant COUNTY OF VENTURA and the Sheriff's Department. Defendant
OKSNER is responsible for operational oversight of the Todd Road Jail, for Inmate
Services, and for the Detention Services Divisional Training Unit. Prior to this
23 assignment, she was in charge of the operations and management of the Pre-Trial
24 Detention Facility and the East County Jail. In these capacities, Defendant
25 OKSNER is and was responsible for the implementation of Detention Services
26 Division policies at Ventura County jail facilities, including the inmate mail policies
27 challenged herein, and for the hiring, screening, training, retention, supervision,
(10276743)

28 discipline, counseling, and control of the personnel of the Ventura County jails who
-)
COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF UNDER THE CIVIL RIGHTS ACT,
42 U.S.C. §1983 AND DAMAGES

Case 2:14-cv-00773-GHK-E Document 1 Filed 01/31/14 Page 5 of 24 Page ID #:568

interpret and apply the Detention Services Division's mail policy for inmates. She
is sued in her individual and official capacities.
8.

Defendant RICK BARRIOS is the Commander of the Pre-Trial

Detention Facility for the Sheriffs Department. He is employed by and is an agent
of Defendant COUNTY OF VENTURA and the Sheriffs Department. Defendant
BARRIOS is responsible for operational oversight of the Pre-Trial Detention
7 Facility. In this capacity, Defendant BARRIOS is responsible for the
implementation of Detention Services Division policies at the Pre-Trial Detention
Facility. He is sued in his individual and official capacities.
9.

The true names and identities of Defendants DOES 1 through 10 are

presently unknown to PLN. Each of Defendants DOES 1 through 10 are or were
employed by and are or were agents of Defendant COUNTY OF VENTURA and
the Sheriffs Department when some or all of the challenged inmate mail policies
and practices were adopted and/or implemented. Each of Defendants DOES 1
through 10 are or were personally involved in the adoption and/or implementation of
the Detention Services Division's mail policies for inmates, and/or are or were
responsible for the hiring, screening, training, retention, supervision, discipline,
18 counseling, and/or control of Ventura County jails' staff who interpret and
19 implement these inmate mail policies. They are sued in their individual and official
20 capacities. PLN will seek to amend this Complaint as soon as the true names and
21 identities of Defendants DOES 1 through 10 have been ascertained.
22

10.

Each and every act and omission alleged herein of Defendants, their

23 officers, agents, servants, employees, or persons acting at their behest or direction,
24 were done and are continuing to be done under the color of state law and within the
25 scope of their official duties as employees or agents of Defendant COUNTY OF
26 VENTURA and the Sheriffs Department.
27
28
[10276743]

FACTS
11.

Plaintiff PRISON LEGAL NEWS publishes and distributes Prison
4

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF UNDER THE CIVIL RIGHTS ACT,
42 U.S.C. §1983 AND DAMAGES

Case 2:14-cv-00773-GHK-E Document 1 Filed 01/31/14 Page 6 of 24 Page ID #:569

1

Legal News: Dedicated to Protecting Human Rights, a monthly journal of

corrections news and analysis. PLN also publishes and distributes paperback books
3
4
5

about the criminal justice system and legal issues impacting prisoners.
12. PLN has approximately 9,000 subscribers in the United States and
abroad, including prisoners, attorneys, journalists, public libraries, judges, and other

6 members of the public. PLN distributes its publication to prisoners and law
7

librarians in approximately 2,200 correctional facilities across the United States,

8

including institutions within the Federal Bureau of Prisons and all thirty-three adult

9 prisons of the California Department of Corrections and Rehabilitation.
10

11

1.3

PLN engages in core protected speech and expressive conduct on

matters of public concern, such as the operations of corrections facilities, jail and

12 prison conditions, prisoner health and safety, and prisoners' rights. PLN regularly
13

receives correspondence from inmates in correctional facilities around the country,

14 including Ventura County jails, in which they ask questions and report on jail or
15

prison conditions.

16

14.

Defendants have censored PLN's monthly journal, informational

17 brochure packets, subscription renewal letters, and Internet-based printouts mailed
18 to inmates held in custody at Ventura County jails, by refusing to deliver said items
19 to the prisoners and, in some instances, by returning items to PLN's offices via the
20 Return To Sender service of the United States Postal Service. Defendants continue
21
7.2

to censor many of the items listed above.
15. Defendants have censored materials mailed by PLN on at least 148

23

occasions from February. 2012 to the present, including the items identified below.

24

Censorship of NY's Monthly Journal

25

16.

PLN's monthly journal, Prison Legal News, is a black and white 64-

26 page soft cover publication that contains articles on corrections news and analysis

]10276743]

27

about prisoner rights, court rulings, the management of prison and jail facilities, and

28

conditions of confinement.
5
COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF UNDER TILE CIVIL RIGHTS ACT,
42 U.S.C. §I983 AND DAMAGES

Case 2:14-cv-00773-GHK-E Document 1 Filed 01/31/14 Page 7 of 24 Page ID #:570

1

17.

Starting in at least February 2012, Defendants censored PLN's monthly

2 journal by refusing to deliver it to the inmates to whom it was addressed, sometimes
sending it by return mail at PLN's expense, marking it with an ink stamp or
4 adhesive label noting various reasons for the return, including: (1) "CONTENTS
UNACCEPTABLE;" circling with black pen "SUGGESTIVE ITEMS" from a list
of prohibited correspondence; (2) "SUGGESTIVE ADS INSIDE. PLEASE
RETURN TO SENDER"; and (3) "UNACCEPTABLE - SUGGESTIVE IMAGES
& ADS. RETURN TO SENDER."
18.

In March 2012, PLN mailed its March 2012 Prison Legal News

publication to twelve (12) prisoners at the Ventura County jails, each of whom were
in custody there at the time that the publications were received from PLN.
Defendants did not deliver the publications to the inmate-addressees and sent them
by return mail at PLN's expense, with an ink stamp with the following reason for
return: "CONTENTS UNACCEPTABLE," circling with black pen "SUGGESTIVE
ITEMS" from a list of prohibited cor respondence.
19.

In April 2012, PLN mailed its April 2012 Prison Legal News

publication to seven (7) prisoners at the Ventura County jails, each of whom were in
18 custody there at the time that the publications were received from PLN. Defendants
19 did not deliver the publications to the inmate-addressees and sent them by return
20 mail at PLN's expense, with an adhesive label with the following reason for return:
21 "SUGGESTIVE ADS INSIDE. PLEASE RETURN TO SENDER."
22

20.

In May 2012, PLN mailed its May 2012 Prison Legal News publication

23 to fourteen (14) inmates at the Ventura County jails, each of whom were in custody
24 there at the time that the publications were received from PLN. Defendants did not
25 deliver the publications to the inmate-addressees and sent them by return mail at
26 PLN's expense, with an adhesive label with the following reason for return:
27 "UNACCEPTABLE - SUGGESTIVE IMAGES & ADS. RETURN TO
28 SENDER."
[1027674-3)

6
COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF UNDER THE CIVIL RIGHTS ACT,
42 U.S.C. §1983 AND DAMAGES

Case 2:14-cv-00773-GHK-E Document 1 Filed 01/31/14 Page 8 of 24 Page ID #:571

21.

1

PLN's monthly journal occasionally contains advertisements for

2 distributors of sexually based material. Most of the advertisements for such
3 distributors contain no pictures. In the few instances in which pictures may be
4 found, they are barely visible: each picture is less than one square inch, there is no
nudity, and even clothed depictions of breasts, buttocks, or the groin area often are
rendered invisible by a white star.
22.

On information and belief, Defendants refused to deliver additional

Prison Legal News publications that PLN mailed to inmates, other than those

identified above, who were in custody at the Ventura County jails at the time the
publications were received.
23.

Defendants did not provide PLN with sufficient due process notice or

with an opportunity to appeal the aforementioned censorship decisions. PLN is
informed and believes that Defendants have a written policy which allows for an
appeal of any decision rejecting inmate mail and that there is a form that is to be
sent to the sender notifying the sender of the decision. However, PLN never
received any such form.
17

24.

Curr ently, PLN has 14 subscribers at the Ventura County jails. PLN

18 continues to pursue its mission to promote public safety through educational and
19 journalistic avenues by sending its monthly publication to. inmates confined at
20 Ventura County jails.
Censorship of PLN's Informational Brochure Packet

21
22

25.

Since at least February 2012, and continuing to the present day,

2,3 Defendants have censored PLN's Informational Brochure Packet by refusing to
24 deliver it to the inmates to whom it was addressed. PLN's "Informational Brochure
25 Packet" includes the three items described below: (1) The Prison Legal News
26 Brochure and Subscription Order Form; (2) The PLN Book List; and (3) The
27 Published Books Brochure.
28 ///
110276743]

7
COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF UNDER THE CIVIL RIGHTS ACT,
42 U.S.C. §1983 AND DAMAGES

Case 2:14-cv-00773-GHK-E Document 1 Filed 01/31/14 Page 9 of 24 Page ID #:572

(a)

Prison Legal News Brochure and Subscription Order Form:

This brochure and order form include: a description of the topics covered in PLN's
monthly magazine; subscription rates, special subscription offers, a subscription
order form; a description of three books available for purchase or included with a
subscription to Prison Legal News-Protecting Your Health & Safety, With Liberty
for Some: 500 Years of hnpriSOnment in America, and Prison Profiteers: Who
Makes Money . rom Mass Incarceration; and other information about PLN's
bookstore.
(b)

PLN Book List: The book list includes a description of 42

10 books, dictionaries, and legal resource materials available for purchase. The books
11 available for purchase cover a variety of topics, including: the basic rights of
prisoners regarding health and safety; the American criminal justice system; finding
the right lawyer; DNA testing; issues related to imprisoned women; selfrepresentation in court; developing a successful re-entry plan upon cor rectional
release; searching for a job; crime and poverty; and the mental health crisis in U.S.
prisons and jails.
(c)

PLN Published Books Brochure: The PLN Published Books

brochure details two books published by PLN and includes detailed information
about and an order form for (1) a comprehensive book on high school, vocational,
paralegal, undergraduate, and graduate courses available to prisoners through
written correspondence programs of study; and (2) a legal resource book on the
22 topic of ineffective assistance of counsel and habeas corpus litigation.
23

26. Defendants have censored PLN's Informational Brochure Packet by

24 refusing to deliver it to the inmates to whom it is addressed, and sometimes sending
25 it by return mail at PLN's expense, with an adhesive label indicating various reasons
26 for return, including the following: (1) "INMATES CANNOT ORDER
27 SUBSCRIPTIONS FROM JAIL. PLEASE RETURN TO SENDER.";
¡102767431

28 (2) "INMATES CANNOT ORDER ANYTHING FROM JAIL. PLEASE
8
COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF UNDER THE CIVIL RIGHTS ACT,
42 U.S.C. §1983 AND DAMAGES

Case 2:14-cv-00773-GHK-E Document 1 Filed 01/31/14 Page 10 of 24 Page ID #:573

1 RETURN TO SENDER."; and (3) "INMATES MAY NOT ORDER ANY
2 BILLABLE ITEMS FROM JAIL (i.e. Magazine Subscriptions, Books). RETURN
3 TO SENDER."
27.

Since February 2012 to the present, Defendants have censored at least

50 of PLN's Informational Brochure Packets and frustrated PLN's attempt to deliver
it to inmates at the Ventura County jails.
7

28.

Defendants did not provide PLN with sufficient notice or with an

8 opportunity to appeal any of the aforementioned censorship decisions.
29. PLN continues its educational and journalistic mission by sending its
Informational Brochure Packets to inmates confined at Ventura County jails.
Censorship of Photocopies and Internet Printouts
30.

Defendants also have censored PLN's correspondence with inmates

13 containing Internet-based printouts of case law by refusing to deliver these items
14

31.

These items have sometimes been sent by return mail at PLN's expense

with an adhesive label affixed with various reasons for return, including the
following: (1) "CONTENT UNACCEFTABLE/NOT A `PRISON LEGAL NEWS'
PUBLICATION, NO EN\TELOPED PERSONAL CORRESPONDENCE.
RETURN TO SENDER" or (2) "PER LEGAL DEPT.: XEROXED COPIES FROM
BOOKS ARE NOT ALLOWED. MUST BE ORIGINAL MATERIAL. RETURN
TO SENDER."
32.

Since April 2012, Defendants censored PLN's correspondence with

inmates and frustrated PLN's attempt to send Internet-based printouts of case law to
forty-six (46) inmates at the Ventura County Jails.
33.

Similarly, in February 2013, a third party mailed copies of articles from

the Prison Legal News web site to several inmates at the Ventura County jails.
Those articles were returned to sender with the notation "Return to Sender:
Postcards Only. No Enveloped Correspondence."
34.
[1027674-31

Just as with the aforementioned instances of censorship, Defendants did
9

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF UNDER THE CIVIL RIGHTS ACT,
42 U.S.C. 51983 AND DAMAGES

Case 2:14-cv-00773-GHK-E Document 1 Filed 01/31/14 Page 11 of 24 Page ID #:574

1 not provide PLN with sufficient notice or with an opportunity to appeal censorship
2 decisions regarding Internet printouts of case law mailed to inmates.
3

35. PLN continues its educational and journalistic mission by sending
Internet-based printouts of case law to inmates confined at Ventura County jails.
PLN Subscription Renewal Letters
36.

Defendants also have censored PLN's correspondence with inmates

containing PLN "Subscription Renewal Letters." Since at least June 2012, and
continuing to the present day, Defendants have censored PLN's Subscription
9 Renewal Letters by refusing to deliver it to the inmates to whom it is addressed, and
10 sometimes sending it by return mail at PLN's expense, with an adhesive label
11 indicating various reasons for return, including the following: (1) "RETURN TO
12 SENDER- POSTCARDS ONLY- NO ENVELOPES, and (2) "INMATES
13 CANNOT ORDER SUBSCRIPTIONS FROM JAIL. RETURN TO SENDER."
14

37.

Since June 2012, Defendants censored PLN's attempt to send

Subscription Renewal Letters to 19 inmates at the Ventura County Jails. Just as
with the aforementioned instances of censorship, Defendants did not provide PLN
with sufficient notice or with an opportunity to appeal censorship decisions
regarding Internet printouts of case law mailed to inmates.
Jail Policies
38.

After PLN's materials were rejected, starting in February 2012, PLN

began investigating the reasons for the rejections. PLN then learned that Defendants
22

appeared to have begun applying written policies that it had not before applied to

23 PLN to exclude PLN' s materials. These policies include the following: Article 36
24 of the Detention Services Division policy, entitled "Inmate Mail Guidelines," which
25 requires all incoming mail addressed to inmates at the Ventura County jails, with the
26 exception of legal mail, to be in postcard form (hereinafter "Postcard Only Mail
27 Policy"). Defendants' web site explaining that policy states, in pertinent part:
[1027674-3)

28 "postcards will be the only acceptable form of incoming mail" and "must be no
10
COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF UNDER THE CIVIL RIGHTS ACT,
42 U.S.C. §1983 AND DAMAGES

Case 2:14-cv-00773-GHK-E Document 1 Filed 01/31/14 Page 12 of 24 Page ID #:575

1 smaller than 4 x 6 inches and no larger than 6 x 11 inches."
2

39.

Defendants' Postcard Only Mail Policy has been used to censor PLN's

3 enveloped correspondence with inmates at Ventura County j ails containing
4 informational brochures packets, Internet-based printouts of case law, and
5 subscription renewal letters.
6

40.

Defendants' conduct prohibiting PLN from mailing its publications,

7 informational brochure packets, Internet-based printouts of case law and
8 subscription renewal letters to inmates .confined at the Ventura County jails violates
9 the First Amendment. This policy on its face and as applied censors these
10 expressive activities and has a chilling effect on PLN's future speech and expression
11 directed at inmates confined there. Defendants' policy is unconstitutional both
12 facially and as applied to Prison Legal News.
13

41.

Prison Legal News publishes and distributes content concerning the

14 rights of inmates and the means by which they may obtain relief from
15 unconstitutional conditions of confinement. As a result, PLN is informed and
believes that Defendants have retaliated against PLN by refusing to deliver PLN' s
written materials to inmates held at the jails.
42.

Defendants' actions have violated, continue to violate, and are

reasonably expected in the future to violate PLN' s constitutional rights, and have
caused Plaintiff financial harm in the form of lost subscriptions, lost opportunities
for purchases and sales of its publications, lost opportunities for book sales, and
diversion of resources to address the censorship. In addition, Defendants' actions
have frustrated Plaintiffs mission of education and advocacy, including the
dissemination of PLN's political message, and the reporting and publishing of news
25 regarding the human and legal rights of persons held in prisons and jails. Further,
26 Defendants' actions have interfered with PLN's ability to recruit new donors and
27 supporters.
28
110276743J

43.

Defendants' actions and inactions were and are motivated by ill motive
11

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF UNDER THE CIVIL RIGHTS ACT,
42 U.S.C. §1983 AND DAMAGES

Case 2:14-cv-00773-GHK-E Document 1 Filed 01/31/14 Page 13 of 24 Page ID #:576

1 and intent, and were and are all committed under color of law with reckless
indifference to PLN' s rights.
44.

Defendants COUNTY OF VENTURA, DEAN, PENTIS, OKSNER,

BARRIOS, DOES 1-10, and other agents of the County of Ventura are responsible
for or personally participated in creating and implementing these unconstitutional
6 policies, practices, and customs. Further, Defendants are responsible for training and
7 supervising the mail staff whose conduct has injured and continues to injure PLN,
and for ratifying or adopting them.
45.

Defendants' unconstitutional policy, practices, and customs are

ongoing and continue to violate PLN's rights. As such, PLN has no adequate
remedy at law.
46.

PLN is entitled to injunctive relief prohibiting Defendants from

refusing to deliver or refusing to allow delivery of publications, informational
brochures packets, and other correspondence from Prison Le gal News, and
prohibiting Defendants from censoring mail without due process of law.
47.

On or about February 13, 2013, PLN placed Defendants on actual

notice through the filing of a state tort claimthat their policies and practices violate
PLN's constitutional rights. Defendants continue to violate PLN's constitutional
rights.
CLAIMS FOR RELIEF
21
22

FIRST CLAIM FOR RELIEF
(Against All Defendants - For Violations of the First Amendment Under Color
Of State Law - Free Speech; Section 1983)

23
24

48.

Plaintiff realleges and incorporates by reference the preceding

25 paragraphs.
26

49.

The acts described above constitute violations of Plaintiff's rights under

27 the First Amendment to the United States Constitution through 42 U.S.C. § 1983,
28 and have caused and will continue to cause damages to Plaintiff.
[10276743]

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42 U.S.C. §1983 AND DAMAGES

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50. Plaintiff seeks declaratory and injunctive relief, as well as nominal and.
1
2 compensatory damages, against all Defendants.
3

51.

Plaintiff is informed, believes, and based thereon alleges that in

engaging in the conduct alleged herein, individual Defendants acted with the intent
to injure, vex, annoy and harass Plaintiff, and subjected Plaintiff to cruel and unjust
hardship in conscious disregard of Plaintiff's rights with the intention of causing
Plaintiff injury and depriving it of its constitutional rights.
8

52.

As a result of the forgoing, Plaintiff seeks exemplary and punitive

9 damages against the individual Defendants.
10
11

SECOND CLAIM FOR RELIEF
(Against All Defendants - For Violations of the First Amendment Under Color
Of State Law - Retaliation for Exercising Speech Rights; Section 1983)

12
13

53.

Plaintiff realleges and incorporates by reference the preceding

14 paragraphs.
-54. The acts described above constitute violations of Plaintiff's right to be
free from retaliation for exercising its constitutionally protected speech rights.
55.

By retaliating against Plaintiff, Defendants have violated Plaintiff's

ri ghts under the First Amendment to the United States Constitution through 42
U.S.C. § 1983, and have caused and will continue to cause damages to Plaintiff.
56.

Plaintiff seeks declaratory and injunctive relief, as well as nominal and

compensatory damages, against all Defendants.
57.

Plaintiff is informed, believes, and based thereon alleges that in

23 engaging in the conduct alleged herein, individual Defendants acted with the intent
24 to injure, vex, annoy and harass Plaintiff, and subjected Plaintiff to cruel and unjust
25 hardship in conscious disregard of Plaintiff's rights with the intention of causing
26 Plaintiff injury and depriving it of its constitutional rights.
27

58.

As a result of the forgoing, Plaintiff seeks exemplary and punitive

28 damages against the individual Defendants.
¡1027674-3j

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF UNDER THE CIVIL RIGHTS ACT,
42 U.S.C. §1983 AND DAMAGES

Case 2:14-cv-00773-GHK-E Document 1 Filed 01/31/14 Page 15 of 24 Page ID #:578

1

THIRD CLAIM FOR RELIEF
(Against All Defendants - For Violations of the Due Process Clause of the
Fourteenth Amendment Under Color Of State Law; Section 1983)
59.

Plaintiff realleges and incorporates by reference the preceding

paragraphs.
60.

By failing to give Plaintiff sufficient notice of the censorship of its

publications, and by failing to give an opportunity to be heard with respect to that
censorship, Defendants have deprived and continue to deprive Plaintiff of liberty
and property without due process of law, in violation of the Fourteenth Amendment
to the United States Constitution via 42 U.S.C. § 1983.
61.

The acts described above have caused and will continue to cause

damage to Plaintiff.
62.

Plaintiff seeks declaratory and injunctive relief, as well as nominal and

compensatory damages, against all Defendants.
63.

Plaintiff is informed, believes, and based thereon alleges that in

engaging in the conduct alleged herein, individual Defendants acted with the intent
to injure, vex, annoy and harass Plaintiff, and subjected Plaintiff to cruel and unjust
hardship in conscious disregard of Plaintiff's rights with the intention of causing
Plaintiff injury and depriving it of its constitutional rights.
64.

As a result of the forgoing, Plaintiff seeks exemplary and punitive

damages against the individual Defendants.
FOURTH CLAIM FOR RELIEF
(Against All Defendants - For Violations of the Equal Protection Clause of the
Fo rteenth Amendment Under Color Of State Law; Section 1983)
65.

Plaintiff realleges and incorporates by reference the preceding

paragraphs.
27
[1O27ú743]

66.

By prohibiting the delivery of Plaintiff's publications but allowing the

28 delivery of the publications of others who are similarly situated, Defendants have
14
COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF UNDER THE CIVIL RIGHTS ACT,
42 U.S.C. §1.983 AND DAMAGES

Case 2:14-cv-00773-GHK-E Document 1 Filed 01/31/14 Page 16 of 24 Page ID #:579

1 deprived and continue to deprive Plaintiff of equal protection under the laws, in
2 violation of the Fourteenth Amendment to the United States Constitution through 42
3 U.S.C. § 1983.
4

67.

The acts described above have caused and will continue to cause

damage to Plaintiff.
6

68.

Plaintiff seeks declaratory and injunctive relief, as well as nominal and

7 compensatory damages, against all Defendants.
8

69.

Plaintiff is informed, believes, and based thereon alleges that in

9 engaging in the conduct alleged herein, individual Defendants acted with the intent
10 to injure, vex, annoy and harass Plaintiff, and subjected Plaintiff to cruel and unjust
11 hardship in conscious disregard of Plaintiff's rights with the intention of causing
12 Plaintiff injury and depriving it of its constitutional rights.
70.

As a result of the forgoing, Plaintiff seeks exemplary and punitive

damages against the individual Defendants.
PRAYER FOR RELIEF
The conduct previously alleged, unless and until enjoined by order of this
Court, will cause great and irreparable injury to Plaintiff. Further, a judicial
declaration is necessary and appropriate at this time so that all parties may know
their respective rights and act accordingly.
20

wI-mREFORE, Plaintiff requests relief as follows:

21

1.

A declaration that Defendants' policies, practices, and customs violate

22 the First and Fourteenth Amendments to the United States Constitution.
. 23

2.

An order enjoining all Defendants and their employees, agents, and any

24 and all persons acting in concert with them from further violating Plaintiff's civil
25 rights under the First and Fourteenth Amendments to the United States Constitution.
26

3.

Nominal damages for each violation by the Defendants against the

27 Plaintiff's rights.
28
11027G74-3)

4.

Compensatory damages in an amount to be proven at trial.
15

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF UNDER THE CIVIL RIGHTS ACT,
42 U.S.C. §1983 AND DAMAGES

Case 2:14-cv-00773-GHK-E Document 1 Filed 01/31/14 Page 17 of 24 Page ID #:580

5.

Punitive damages against the individual Defendants in an amount to be

proven at trial.
6.

Costs, including reasonable attorney's fees, under 42 U.S.C. § 1988,

CCP § 1021.5, and under other applicable law.

6

7.

Prejudgment and post judgment interest.

8.

Such other relief as the Court deems just and equitable.

7
8 DATED: January 31, 2014
9

Respectfully submitted,
ROSEN BIEN GALVAN.& GRUNFELD LLP

10
11

By:

/s/
Ernest Galvan

TIlE LAW OFFICES OFBRIAN A. VOGEL,
PC
By:

,.•7.,-Brian A. Vogel

HUMAN RIGHTS DEFENSE CENTER
By:

/s/
Lance Weber

20
21

Attorneys for Plaintiff

22
23
24
25
26
27
28
[1027674-3)

16
COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF UNDER THE CIVIL RIGHTS ACT,
42 U.S.C. §1983 AND DAMAGES

Case 2:14-cv-00773-GHK-E Document 1 Filed 01/31/14 Page 18 of 24 Page ID #:581

1
2

DEMAND FOR JURY TRIAL
Plaintiff hereby demands a jury trial.

3 DATED: Janaury 31, 2014
4

Respectfully submitted,
ROSEN BIEN GALVAN & GRUNFELD LLP

5
6

By:

/s/
Ernest Galvan

7
8
9

TN H. LAW OFFICES OF
BRIAN A. VOGEL, PC

10
Brian A. Vogel

11
12

HUMAN RIGHTS DEFENSE CENTER

13
14

By:

/s/
Lance Weber

Attorneys for Plaintiff

20
21
?
23
24
25
26
27
28
[10276743]

17
COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF UNDER THE CIVIL RIGHTS ACT,
42 U.S.C. § 1983 AND DAMAGES

Case 2:14-cv-00773-GHK-E Document 1 Filed 01/31/14 Page 19 of 24 Page ID #:582

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
NOTICE OF ASSIGNMENT TO UNITED STATES JUDGES
George H. King

This case has been assigned to District Judge
Magistrate Judge is

and the assigned

Charles F. Eick

The case number on all documents filed with the Court should read as follows:

2:14CV773 GHK Ex

Pursuant to General Order 05-07 of the United States District Court for the Central District of
California, the Magistrate Judge has been designated to hear discovery related motions.
All discovery related motions should be noticed on the calendar of the Magistrate Judge.

Clerk, U. S. District Court

January 31, 2014

By J.Prado
Deputy Clerk

Date

NOTICE TO COUNSEL

A copy of this notice must be served with the summons and complaint on all defendants (if a removal action is
filed, a copy of this notice must be served on all plaintiffs).
Subsequent documents must be filed at the following location:
Western Division
312 N. Spring Street, G-8
Los Angeles, CA 90012

Southern Division
411 West Fourth St., Ste 1053
Santa Ana, CA 92701

Eastern Division
3470 Twelfth Street, Room 134
Riverside, CA 92501

Failure to file at the proper location will result in your documents being returned to you.

CV-18 (08/13)

NOTICE OF ASSIGNMENT TO UNITED STATES JUDGES

Case 2:14-cv-00773-GHK-E Document 1 Filed 01/31/14 Page 20 of 24 Page ID #:583
AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT
for the
Central District of California
PRISON LEGAL NEWS, a project of the HUMAN
RIGHTS DEFENSE CENTER,

)

Plaintiff(s)

CV14-0773(1-h, l^ *)
Civil Action No.

v.
County of Ventura; Geoff Dean, Gary Pentis, Linda
Oksner, and Rick Barrios, in their individual and
official capacities, DOES 1-10, in their individual and
official capacities,
Defendant(s)

)
)
)

SUMMONS IN A CIVIL ACTION
To: (Defendant's name and address)
County of Ventura 800 S. Victoria Avenue, Ventura, CA 93009-1260
Geoff Dean 800 S. Victoria Avenue, Ventura, CA 93009
Gary Pentis 800 S. Victoria Avenue, Ventura, CA 93009
Linda Oksner 800 S. Victoria Avenue, Ventura, CA 93009
Rick Barrios 800 S. Victoria Avenue, Ventura, CA 93009
A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) - or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) - you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff's attorney,
whose name and address are: Brian A. Vogel
The Law Offices of Brian A. Vogel, PC
770 County Square Drive, #104
Ventura, CA 93003

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
,0,ti
You also must file your answer or motion with the court.

JAN 31 2014
Date:

Case 2:14-cv-00773-GHK-E Document 1 Filed 01/31/14 Page 21 of 24 Page ID #:584
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
CIVIL COVER SHEET

( Check box if you are representing yourself ❑ )

I. (a) PLAINTIFFS ( Check box, if you are representing yourself ^)

DEFENDANTS

Prison Legal News, a project of the Human Rights Defense Center

Ventura County; Geoff Dean, Gary Pentis, Linda Oksner, and Rick Barrios, in their
individual and official capacities, Does 1-10, in their individual and official capacities

(b) County of Residence of First Listed Plaintiff

Palm Beach Cty, FL

(IN U.S. PLAINTIFF CASES ONLY)

(EXCEPT IN U.S. PLAINTIFF CASES)

(c) Attorneys

County of Residence of First Listed Defendant
Attorneys

(Firm Name, Address and Telephone Number) If you are

(Firm Name, Address and Telephone Number) If you are

representing yourself, provide the same information.

representing yourself, provide the same information.

See attachment.

Unknown.

I!. BASIS OF JURISDICTION (Place an X in one box only.)
3. Federal Question (U.S.
Government Not a Party)

1. U.S. Government
Plaintiff

I^i

2. U.S. Government
Defendant

^4. Diversity (Indicate Citizenship
of Parties in Item III)

IV. ORIGIN (Place an X in one box only.)
1. Original
Proceeding

2. Removed from
State Court

J

4. Reinstated or ❑ 5. Transferred from Another
District (Specify)
Reopened

Remanded from
Appellate Court

Yes

V. REQUESTED IN COMPLAINT: JURY DEMAND:
CLASS ACTION under F.R.Cv.P..23:

Ill. CITIZENSHIP OF PRINCIPAL PARTIES-For Diversity Cases Only
(Place an X in one box for plaintiff and one for defendant)
DEF
PTF
DEF
PTF
4
4
1 Incorporated or Principal Place
Citizen of This State
11 1
of Business in this State
Citizen of Another State • 2 • 2 Incorporated and Principal Place • 5 El 5
of Business in Another State
Citizen or Subject of a
■ 3 . 3 Foreign Nation
6
6
Foreign Country

E]Yes

El

6. MultiDistrict
Litigation

No (Check "Yes" only if demanded in complaint.)
MONEY DEMANDED IN COMPLAINT: $ According to proof.

No

VI. CAUSE OF ACTION (Cite the U.S. Civil Statute under which you are filing and write a brief statement of cause. Do not cite jurisdictional statutes unless diversity.)
42 U.S.C. 1983: Violation of Plaintiff's rights under the First and Fourteenth Amendments to the United States Constitution

VI!. NATURE OF_SUIT (Place an X in one box only).
CONTRACT
Insurance
110
l^

REA4'PROP..ERTY:CONT
240 Torts to Land
375 False Claims Act
245
Tort Product
400 State
IE 120 Marine
Li a bilit y
Reapportionment
E 290 All Other Real
E 130 Miller Act
E 410 Antitrust
Property
e
140
Negotia
bl
430 Banks and Banking
TORTS
Instrument
PERSONAL INJURY
■ 450 Commerce/ICC
150 Recovery of
Rates/Etc.
310 Airplane
Overpayment &
Enforcement of
460 Deportation
315 Airplane
Judgment
Product Liability
470 Racketeer Influ320 Assault, Libel &
151 Medicare Act
enced & Corrupt Org.
Slander
480 Con s umer Credit
152 Recovery o f
Fed. Employers '
330 Fe
Defaulted Student
Lia bili ty
E 490 Cable/Sat TV
Loan (Excl. Vet.)
340 Marine
850 Securities/Com153 Recovery o f
345
Marine Product
modities/Exchan g e
E Overpayment of
Liability
Vet.
Benefits
890 Other Statutory
350 Motor Vehicle
Actions
160 Stockholders'
355 Motor Vehicle
.
Suits
891 Agricultural Acts
Product Liability
893 Environmental
190 Other
360Other Personal
Matters
Contract
❑ Inj ury
895 Freedom of Info.
362 Personal Injury195 Contract
Act
(Vied Malpratice
Product Liability
365
Personal Injury
896 Arbitration
196 Franchise
Product Liability
REAL PROPERTY
367 Health Care/
899 Admin. Procedures
Pharmaceutical
210 Land
Act/Rev iew of A ppea l o f
Personal Injury
Condemnation
Agency Decision
Product Liability
220 F oreclosure
368 Asbestos
950 Constitutionality of
230 Rent Lease &
a J u r)
^.i
, i e s gln
10 State Statutes
Ejectment
l^ frd c ti abihty
OTHER' STATUTES

FOR OFFICE USE ONLY:
CV-71 (11/13)

IMMIGRATION
■ 462 Naturalization
Application

PRISONER PETITIONS

Habeas Corpus:
E 463 Alien Detainee
510 M o ti onsto Vacate
465 Other
Sentence
II Immigration Actions
530 G eneral
TORTS
PERSONAL PROPERTY • 535 Death Penalty
Otfier:_
370 Other Fraud

PROPERTYRIGHTS

E 820 Copyri g hts
IN 830 Patent
840 Trademark
SOCIALSECURITY
861 HIA (1395ff)
• 862 Black Lung (923)
E 863 DIWC/DIWW (405 (g))
El 864 SSID Title XVI

371 Truth in Lending U 540 Mandamus/Other
550 Civil Rights
380 Other Personal
Property Damage
555 Prison Condition
• 865 RSI (405 (g))
385 Property Damage
560 Civil Detainee
Product Liability
FEDERAL`TAY..SUtTS
Conditions of
Confinement
BANKRUPTCY
. . Plaintiff or
870 Taxes (US
Fo RF EITUREIR E NALTY
Defendant)
422 Appeal 28
- USC 158
. 871 IRS-Third Party 26 USC
625 Drug Related
7609
423 Withdrawal 28 II Seizure o f P roper t y 21
USC 881
USC 157
690 Other
CIVIL RIGHTS
LABOR
440 Other Civil Rights
710
F
a
i r Labor Standards
441 Voting
Act
■ 720 Labor/Mg mt.
E 442 Employment
Relations
443 Housing/
Accomodations
El 740 Railway Labor Act
445 American with
751 Family and Medical
DisabilitiesII Leave Act
Employment
790 Other Labor
446 American with
Litigation
Disabilities-Other
791 Employee Ret. Inc.
gly E-c4t^ca>+ign
S ecuri ty Ac t
!J

!1

A

Case Number:
CIVIL COVER SHEET

Page 1 of3

Case 2:14-cv-00773-GHK-E Document 1 Filed 01/31/14 Page 22 of 24 Page ID #:585
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
CIVIL COVER SHEET
VIII. VENUE: Your answers to the questions below will determine the division of the Court to which this case will most likely be initially assigned. This initial assignment
is subject to change, in accordance with the Court's General Orders, upon review by the Court of your Complaint or Notice of Removal.

Yes

©

INITIAL DIVISION INGACD IS:

STATE CASE WAS PENDING IN THE COUNTY OF:

Question A: Was this case removed from
state court?

Western

• Los Angeles

No

Western

• Ventura, Santa Barbara, or San Luis Obispo

If "no, " go to Question B. If "yes," check the
box to the right that applies, enter the
corresponding division in response to
Question D, below, and skip to Section IX.

Southern

• Orange

Eastern

• Riverside or San Bernardino
Question B: Is the United States, or one of
its agencies or em p loyees , a party to this
action?
Yes

©

No

If the United states, or one of It agencies

Their ch e ek the bo<below for the county in
which the majouty ofDF ENL?AN T S reside

Then meek the hoz below roi the county in
which the majority of PIAIETIFFS reside

Ventura, Santa Barbara, or San Luis
Obispo

Western
Southern

• Orange

Orange

Other

Los Angeles
County

Western

El Los Angeles

Ventura, Santa Barbara, or San Luis
Obispo

A'

INITIAL
DIVISION IN
CACD IS

ADEFENDANT ?

E Riverside or San Bernardino

Question C: Location of
plaintiffs, defendants, and claims?
(Makeonly one selection pe row)

employees, is o party, is it

A PLAINTIFF ?

• Los Angeles

If "no, " go to Question C. If "yes," check the
box, to the right that applies, enter the
corresponding division in response to .
Question D, below, and skip to Section IX.

of

E
Ventura, Santa Baroara,or
San Luis °Nanacounties

Indicate the location in which a
majority of plaintiffs reside:
Indicate the location in which a
majority of defendants reside:
Indicate the location in which a
majority of claims arose:

• Riverside or San Bernardino

Eastern

• Other

Western

C
Orano_eCounty

D
Riverside or San
Bernardino Counties

F
Other

E
Outside the Central
District of California
X

e
U

y

C.1. Is either of the following true? If co, check the one that applies:

C.2. Is either of the following true? If so, check the one that applies:

2 or more answers in Column C

2 or more answers in Column D

only 1 answer in Column C and no answers in Column D

only 1 answer in Column D and no answers in Column C
Your case will initially be assigned to the
EASTERN DIVISION.
Enter "Eastern" in response to Question D, below.

Your case will initially be assigned to the
SOUTHERN DIVISION.
Enter "Southern" in response to Question D, below.
If none applies, answer question C2 to the right.

If none applies, go to the box, below.

ow*

Your case will initially be assigned to the
WESTERN DIVISION.
Enter "Western" in response to Question D below.

INITIAL DIVISION'IN (TACO

Question D: Initial Divisio?.
Enter the initial division determined by Question A, B, or C above:

CV-71 (11/13)

Western

CIVIL COVER SHEET

Page 2 of 3

Case 2:14-cv-00773-GHK-E Document 1 Filed 01/31/14 Page 23 of 24 Page ID #:586
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
CIVIL COVER SHEET

Has this action been previously filed in this court and dismissed, remanded or closed?

IX(a). IDENTICAL CASES:

NO

YES

NO

YES

If yes, list case number(s):

IX(b). RELATED CASES:

Have any cases been previously filed in this court that are related to the present case?

If yes, list case number(s):
Civil cases are deemed related if a previously filed case and the present case:
(Check all boxes that apply)

El

A. Arise from the same or closely related transactions, happenings, or events; or
B. Call for determination of the same or substantially related or similar questions of law and fact; or

El
E]

C. For other reasons would entail substantial duplication of labor if heard by different judges; or
D. Involve the same patent, trademark or copyright

end one of the factors identified above in a, b or c also is present.

X. SIGNATURE OF ATTORNEY
(OR SELF-REPRESENTED LITIGANT):

DATE:

///7'

Notice to.Counsel/Parties: The CV-71 (JS-44) Civil Cover Sheet and the informátion contained herein neither replace nor supplement the filing and service of pleadings or
other papers as required by law. This form, approved by the Judicial Conference of the United States in September 1974, is required pursuant to Local Rule 3-1 is not filed
but is used by the Clerk of the Court for the purpose of statistics, venue and initiating the civil docket sheet. (For more detailed instructions, see separate instructions sheet).
Key to Statistical codes relating to Social Security Cases:
Nature of Suit Code

Abbreviation

Substantive Statement of Cause of Action
All claims for health insurance benefits (Medicare) under Title 18, Part A, of the Social Security Act, as amended. Also,
include claims by hospitals, skilled nursing facilities, etc., for certification as providers of services under the program.
(42 U.S.C. 1935FF(b))

861

HIA

862

BL

All claims for "Black Lung" benefits under Title 4, Part B, of the Federal Coal Mine Health and Safety Act of 1969. (30 U.S.C.
923)

863

DIWC

All claims filed by insured workers for disability insurance benefits under Title 2 of the Social Security Act, as amended; plus
all claims filed for child's insurance benefits based on disability. (42 U.S.C. 405 (g))

863

DMW

All claims filed for widows or widowers insurance benefits based on disability under Title 2 of the Social Security Act, as
amended. (42 U.S.C. 405 (g))

864

SSID

All claims for supplemental security income payments based upon disability filed under Title 16 of the Social Security Act, as
amended.

865

RSI

All claims for retirement (old age) and survivors benefits under Title 2 of the Social Security Act, as amended.
(42 U.S.C. 405 (g))

CV-71 (11/13)

CIVIL COVER SHEET

Page 3 of 3

Case 2:14-cv-00773-GHK-E Document 1 Filed 01/31/14 Page 24 of 24 Page ID #:587

Attachment - Section LC- Attorneys for Plaintiff
BRIAN A. VOGEL - 167413
THE LAW OFFICES OF BRIAN A. VOGEL, PC
770 County Square Drive, Suite 104
Ventura, California 93003
Telephone: (805) 654-0400
Facsimile: (805) 654-0326
brian@bvogel.coin
Email:
ERNEST GALVAN - 196065
BLAKE THOMPSON - 255600
ROSEN BIEN GALVAN & GRUNFELD LLP
315 Montgomery Street, Tenth Floor
San Francisco, California 94104-1823
Telephone: 415) 433-6830
Facsimile: (415) 433-7104
egalvan@rbgg.com
Email:
LANCE WEBER - Florida Bar No. 104550 *
RIGHTS DEFENSE CENTER
P.O. Box 1151
Lake Worth, FL 33460
Telephone: (561) 360-2523
Facsimile: ( 866) 735-7136
lweber@humanrightsdefensecenter . org
Email:
`Pro HacVice Application To Be Filed

[1050963-1)