Case: Vandehey v. Vallario

1:06-cv-01405 | U.S. District Court for the District of Colorado

Filed Date: July 19, 2006

Closed Date: 2011

Clearinghouse coding complete

Case Summary

On July 19, 2006, the American Civil Liberties Union Foundation of Colorado filed a 42 U.S.C. § 1983 class action lawsuit in the U.S. District Court for the District of Colorado, challenging the conditions of confinement at the Garfield County Jail in Glenwood Springs, Colorado. The plaintiffs alleged that prisoners in the Jail were subjected to a pervasive pattern of excessive force by Sheriff Deputies, including the misuse and abuse of pepperball guns, restraint chairs, tasers, electroshock …

On July 19, 2006, the American Civil Liberties Union Foundation of Colorado filed a 42 U.S.C. § 1983 class action lawsuit in the U.S. District Court for the District of Colorado, challenging the conditions of confinement at the Garfield County Jail in Glenwood Springs, Colorado. The plaintiffs alleged that prisoners in the Jail were subjected to a pervasive pattern of excessive force by Sheriff Deputies, including the misuse and abuse of pepperball guns, restraint chairs, tasers, electroshock belts, and pepper spray. The plaintiffs also alleged that the Sheriff failed to have proper written policies in place regarding the use of force and failed to enforce the policies that did exist. To remedy the alleged violations, the plaintiffs sought declaratory and injunctive relief, as well as class certification.

An amended complaint was filed on August 1, 2006, adding claims that inmates were often subjected to harsh discipline without being afforded due process and that the Sheriff denied mentally ill prisoners mental health care. That same day, the plaintiffs also filed an amended motion to certify the case as a class action.

The case was originally assigned to District Court Judge Phillip S. Figa. Judge Figa referred the handling of scheduling and discovery issues to Magistrate Judge Michael J. Watanabe. On January 8, 2008, the case was reassigned to Judge Wiley Y. Daniel, in light of the death of Judge Figa.

On March 13, 2008, the District Court partially granted and partially denied the motion to certify a plaintiff class. This decision was appealed, and on February 4, 2009, the U.S. Court of Appeals for the Tenth Circuit ordered the District Court to reconsider its class certification order. The case is ongoing.

On March 18, 2011, counsel for both parties filed a joint status report, indicating that they had reached a settlement subject to the approval of the four named plaintiffs, the terms of which are unknown.

On April 28, 2011, the court granted the plaintiffs' motion for voluntary dismissal with prejudice, with each party bearing its own attorney fees, costs, and expenses. This case is closed.

Summary Authors

Kristen Sagar (3/23/2009)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4764705/parties/vandehey-v-vallario/


Judge(s)

Baldock, Bobby Ray (New Mexico)

Daniel, Wiley Young (Colorado)

Kelly, Paul Joseph Jr. (New Mexico)

O'Brien, Terrence L. (Wyoming)

Watanabe, Michael J. (Colorado)

Attorneys(s) for Plaintiff

Allred, Reid John (Colorado)

Hansen, Taggart (Colorado)

Hudson-Arney, Marisa B. (Colorado)

Murphy, Michael D. (Colorado)

Pendergrass, Taylor Scott (Colorado)

Judge(s)

Baldock, Bobby Ray (New Mexico)

Daniel, Wiley Young (Colorado)

Kelly, Paul Joseph Jr. (New Mexico)

O'Brien, Terrence L. (Wyoming)

Watanabe, Michael J. (Colorado)

Attorneys(s) for Plaintiff

Allred, Reid John (Colorado)

Hansen, Taggart (Colorado)

Hudson-Arney, Marisa B. (Colorado)

Murphy, Michael D. (Colorado)

Pendergrass, Taylor Scott (Colorado)

Phillips, John D. Jr. (Colorado)

Silverstein, Mark (Colorado)

Ward, Robert E. II (Colorado)

Whitehair, J. Gregory (Colorado)

Attorneys(s) for Defendant

DeFord, Don K. (Colorado)

Hartman, Holli L (Colorado)

Lewis, Melanie Bailey (Colorado)

Marks, Josh Adam (Colorado)

Quinn, Deborah (Colorado)

Tomey, Kim Arquette (Colorado)

Documents in the Clearinghouse

Document

Docket [PACER]

April 28, 2011 Docket
1

Class Action Complaint

July 19, 2006 Complaint
5-1

First Amended Class Action Complaint

Aug. 1, 2006 Complaint
7

First Amended Motion to Certify Class

Aug. 2, 2006 Pleading / Motion / Brief
119

Order on Amended Motion to Certify Plaintiff Class and Objection to Magistrate Judge's Recommendation

2008 WL 697428

March 13, 2008 Order/Opinion
01017603321

Judgment on Petition for Permission to Appeal a Class Certification Order of the U.S. District court for the District of Colorado

Vallario v. Vandehey

U. S. Court of Appeals for the Tenth Circuit

554 F.3d 1259

Feb. 4, 2009 Order/Opinion
231

JOINT STATUS REPORT

March 18, 2011 Pleading / Motion / Brief
232

MINUTE ORDER (Denial of class certification)

March 22, 2011 Order/Opinion
235

ORDER

April 28, 2011 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4764705/vandehey-v-vallario/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
4

ORDER : Scheduling Conference set for 10/3/2006 09:30 AM in Courtroom A 502 before Magistrate Judge Michael J. Watanabe. Signed by Magistrate Judge Michael J. Watanabe on 7/26/06. (gms, )

July 26, 2006 RECAP
24

ORDER granting 22 Motion for Protective Order. Signed by Magistrate Judge Michael J. Watanabe on 10/13/06.(rlp, )

Oct. 13, 2006 RECAP
25

PROTECTIVE ORDER regarding discovery, signed by Magistrate Judge Michael J. Watanabe on 10/13/06. (rlp, )

Oct. 13, 2006 RECAP
39

ORDER granting 36 Motion to Amend/Correct/Modify Scheduling Order, discovery cut off 04/09/07, expert discovery cut off 07/12/07, dispositive motion ddln 08/13/07, signed by Magistrate Judge Michael J. Watanabe on 01/02/07.(rlp, )

Jan. 3, 2007 RECAP
44

Minute ORDER granting Defendants' Unopposed 42 Motion for Order Allowing Deposition of Plaintiff, by Magistrate Judge Michael J. Watanabe on 2/5/07.(gms, )

Feb. 5, 2007 RECAP
73

Minute Entry for proceedings held before Judge Michael J. Watanabe : Discovery Hearing held on 7/10/2007.The Resubmitted Joint 67 Motion for Forthwith Discovery Hearing is GRANTED; Defendants' 64 Motion for Protective Order is GRANTED; Plain tiffs' 65 Motion for Ruling to Permit Standard Discovery of All Information Reasonably Calculated to Lead to the Discovery of Admissible Evidence, or in the Alternative, to Stay Discovery Until the Court Has Ruled on Plaintiffs' Motion f or Class Certification is DENIED in its entirety. Each party to pay its own attorney fes and costs as related to the above motions.(DISCOVERY ORDER IS VACATED PURSUANT TO Order 119 (Court Reporter FTR - Shelley Moore.) (mrs, ) Modified on 7/11/2007 to clarify ruling on Plaintiff's Motion DN 65 (mrs, ). Modified on 3/13/2008 (erv, ).

July 10, 2007 RECAP
82

MINUTE ORDER GRANTING Defendants' Unopposed 81 Motion for Leave to File Response to Plainitffs' Objection to Portion of Magistrate Judge's Order, the tendered response and exhibits are accepted for filing, by Judge Phillip S. Figa on 8/13/07.(mrs, )

Aug. 13, 2007 RECAP
87

MINUTE ORDER GRANTING Paintiff's Unopposed 84 Motion for Leave to File Reply in Support of Plaintiff's Objection to Portion of Magistrate Judge's Order on Plaintiffs' Motion to Permit Standard Discovery and the same is accepted for filing, by Judge Phillip S. Figa on 8/28/07.(mrs, )

Aug. 28, 2007 RECAP
115

Minute Entry for proceedings held before Judge Wiley Y. Daniel: Motion Hearing held on 2/14/2008. Denying Plaintiffs' 112 Motion to Strike Defendants' Supplemental Brief re: Plaintiffs' 7 Amended MOTION to Certify Class. Counsel to file supplemental briefs on issue of sub classes; plaintiff's due 2/20/08 and defendants due 2/25/08. Plaintiff's to respond to Defendants' Supplemental Brief re: Plaintiffs' 7 Amended MOTION to Certify Class on or before 3/4/08 (Court Reporter Kara Spitler.) (gms, )

Feb. 14, 2008 RECAP
119

ORDER granting 76 APPEAL OF MAGISTRATE JUDGE DECISION to District Court; and the discovery order entered by Magistrate Judge Watanabe is vacated. granting in part and denying in part 7 Motion to Certify Class. Signed by Judge Wiley Y. Daniel on 3/13/08.(erv, )

March 13, 2008 RECAP
136

COURTROOM MINUTES - Minute Entry for proceedings held before Magistrate Judge Michael J. Watanabe: Granting 125 Defendants' Motion to Stay. Joint Status Report due September 30, 2008. Scheduling Conference held on 4/28/2008. (Court Reporter FTR) (psfcd)

April 28, 2008 RECAP
153

USCA OPINION AND JUDGMENT (ORDER). The Petition for Review is granted. The case is remanded for the district court to reconsider its class certification order. USCA case no. 08-502. (Attachments: # 1 USCA Judgment, # 2 Letter)(bjrsl, )

1 USCA Judgment

View on PACER

2 Letter

View on PACER

Feb. 4, 2009 RECAP
194

Minute Entry for Motion Hearing held before Chief Judge Wiley Y. Daniel on 3/23/2010: taking under advisement 177 Motion to Certify Class. (Court Reporter Therese Lindblom) (wydcd, rrk)

March 23, 2010 RECAP
207

MINUTE ORDER granting 205 Joint Request to Schedule Site Visit, by Magistrate Judge Michael J. Watanabe on 7/15/2010.(mjwcd)

July 15, 2010 RECAP
210

ORDER granting 208 Unopposed Motion to Allow Withdrawal of Taylor S. Pendegrass as Counsel for Plaintiffs, by Magistrate Judge Michael J. Watanabe on 8/2/10.(lyg, )

Aug. 2, 2010 RECAP
232

Minute ORDER denying without prejudice 177 Motion to Certify Class by Chief Judge Wiley Y. Daniel on 03/22/11.(jjh, )

March 22, 2011 RECAP
235

ORDER granting Plaintiffs' Unopposed 234 Motion for Voluntary Dismissal With Prejudice Pursuant to Fed. R. Civ. P. 41(a)(2). This matter is dismissed with prejudice, each party to bear its own attorneys' fees, costs and expenses, by Chief Judge Wiley Y. Daniel on 4/28/11.(lsw, )

April 28, 2011 RECAP

State / Territory: Colorado

Case Type(s):

Jail Conditions

Key Dates

Filing Date: July 19, 2006

Closing Date: 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Inmates confined at the Garfield County Jail in Glenwood Springs, Colorado.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Garfield County Sheriff's Department (Garfield), County

Garfield County (Garfield), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Equal Protection

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

General:

Assault/abuse by staff

Conditions of confinement

Disciplinary procedures

Pepper/OC spray

Restraints : chemical

Restraints : physical

Affected Gender:

Female

Male

Medical/Mental Health:

Mental health care, general

Type of Facility:

Government-run