Case: Riker v. Gibbons

3:08-cv-00115 | U.S. District Court for the District of Nevada

Filed Date: March 6, 2008

Closed Date: 2010

Clearinghouse coding complete

Case Summary

On March 6, 2008, prisoners confined in Ely State Prison ("ESP") filed a civil rights class action lawsuit in the U.S. District Court for the District of Nevada under 42 U.S.C. § 1983 against the state of Nevada. The plaintiffs, represented by the National Prison Project of the ACLU, the ACLU of Nevada, and private counsel, alleged that the state provided inadequate medical care to prisoners at ESP. Plaintiffs claimed that a pervasive pattern of grossly inadequate medical care at ESP created a …

On March 6, 2008, prisoners confined in Ely State Prison ("ESP") filed a civil rights class action lawsuit in the U.S. District Court for the District of Nevada under 42 U.S.C. § 1983 against the state of Nevada. The plaintiffs, represented by the National Prison Project of the ACLU, the ACLU of Nevada, and private counsel, alleged that the state provided inadequate medical care to prisoners at ESP. Plaintiffs claimed that a pervasive pattern of grossly inadequate medical care at ESP created a substantial risk of serious medical harm for each of the prison's 1,000 prisoners, in violation of the Eighth and Fourteenth Amendments. Specifically, they alleged that ESP lacked ready access to medical care, a medical staff competent to examine prisoners and diagnose illnesses, adequate and up-to-date medical record-keeping, and adequate procedures for responding to emergencies. As a result, plaintiffs sought declaratory and injunctive relief, compensatory and punitive damages, and class certification.

Prior to filing suit, the National Prison Project retained Dr. William Noel to investigate the alleged deficiencies of medical care at ESP. Dr. Noel reviewed the medical records of 35 prisoners and was allowed to speak to some of the prisoners when he visited ESP to discuss his findings with the prison Medical Director. Dr. Noel issued a detailed report in which he called the pattern of medical abuse at ESP "the grossest possible medical malpractice, and the most shocking and callous disregard for human life and human suffering, that I have ever encountered in the medical profession in my thirty-five years of practice." In early December 2007, the ACLU sent the report to the Governor of Nevada and the Director of Nevada's Department of Corrections. The ACLU also proposed a Consent Decree to avoid litigation and to improve the health care administered to prisoners at ESP. Prison officials refused to enter into the Consent Decree and this lawsuit followed.

On March 31, 2009, Judge Larry R. Hicks granted the plaintiffs' motion to certify a class. 2009 WL 910971. The class was defined as "all prisons who are now, or in the future will be, in the custody of the Nevada Department of Corrections at Ely State Prison in Ely, Nevada." Settlement discussions began in January 2010 before Magistrate Judge Valerie P. Cooke and the parties jointly moved to approve the proposed settlement agreement on July 15, 2010. The parties also submitted a proposed Class Notice of Settlement, which the court approved on July 28, 2010.

The proposed settlement was extensive, addressing medications, chronic care, sick call, intra-system transfers and assessments, and scheduled off-site services and infirmary care. The agreement called for a two-year appointment of an expert medical monitor to inspect ESP three months after the agreement was finalized and every six months thereafter to evaluate defendants' compliance with the terms of the agreement. Judge Hicks approved the proposed settlement on October 27, 2010. 2010 WL 4366012. The plaintiffs' motion for attorney's fees and costs was also granted and the action was dismissed with prejudice.

Summary Authors

Kristen Sagar (4/6/2009)

Christina Bonanni (11/18/2013)

Nate West (10/16/2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4316441/parties/riker-v-gibbons/


Judge(s)

Cooke, Valerie P. (Nevada)

Hicks, Larry R. (Nevada)

Reed, Edward Cornelius Jr. (Nevada)

Attorneys(s) for Plaintiff

Fettig, Amy (District of Columbia)

Lichtenstein, Allen (Nevada)

McLetchie, Maggie (Nevada)

Rowland, Lee B. (Nevada)

Winter, Margaret (District of Columbia)

Attorneys(s) for Defendant

Bannister, Robert (Nevada)

Geddes, William J (Nevada)

Judge(s)

Cooke, Valerie P. (Nevada)

Hicks, Larry R. (Nevada)

Reed, Edward Cornelius Jr. (Nevada)

Attorneys(s) for Plaintiff

Fettig, Amy (District of Columbia)

Lichtenstein, Allen (Nevada)

McLetchie, Maggie (Nevada)

Rowland, Lee B. (Nevada)

Winter, Margaret (District of Columbia)

Attorneys(s) for Defendant

Bannister, Robert (Nevada)

Geddes, William J (Nevada)

Gibbons, James (Nevada)

Hanlon, Stephen F (District of Columbia)

Leslie, Clark G (Nevada)

Martin, Michon A (Nevada)

Masto, Catherine Cortez (Nevada)

McDaniel, E K (Nevada)

Miller, Ross (Nevada)

Quinn, Stephen D (Nevada)

Skolnik, Howard (Nevada)

Traut, Janet E. (Nevada)

Expert/Monitor/Master

Noel, William K. (Nevada)

Documents in the Clearinghouse

Document

Docket [PACER]

Feb. 22, 2013 Docket

Letter to Nevada Governor

No Court

Dec. 6, 2005 Findings Letter/Report

Letter Accompanying Dr. Noel's Report

Dec. 5, 2007 Correspondence

Report by Medical Expert Details a Pattern of "Shocking Disregard for Human Life"

No Court

Dec. 6, 2007 Press Release

Citing Horrific Medical Care Problems at Ely State Prison, Group Seeks Court Decree Requiring Vast Health Care Improvements

No Court

Jan. 7, 2008 Press Release

Prisoners At Risk Of Pain, Injury And Premature Death

No Court

March 6, 2008 Press Release
1

Class Action Complaint

March 6, 2008 Complaint
15

Amended Complaint

April 16, 2008 Complaint
22

Answer to Class Action Complaint and Demand for Jury Trial

May 15, 2008 Pleading / Motion / Brief
40

Order

2009 WL 910971

March 31, 2009 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4316441/riker-v-gibbons/

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

ECF Number Description Date Link
2

Order of Recusal

March 6, 2008 PACER
1

Attachment 8COMPLAINT Class Action Relief Sought against Howard Skolnik, Robert Bannister, E.K. MCDANIEL, James Gibbons, Ross Miller, Catherine Cortez Masto (Filing fee $ 350 receipt number 09780000000000818768), filed by David Robert Riker, Roger Libby, Ricky David Sechrest, Terrence Brothers, Jeffrey Scott Hosmer, Mark Whittington. Certificate of Interested Parties due by 3/16/2008. Proof of service due by 7/4/2008. (Attachments: # 1 Civil Cover Sheet, # 2 Certificate of Interested Parties, # 3 Summons Bannister Summons, # 4 Summons Masto Summons, # 5 Summons Gibbons Summons, # 6 Summons McDaniel Summons, # 7 Summons Miller Summons, # 8 Summons Skolnik Summons)(Rowland, Lee) Modified on 3/7/2008 to reflect Summons issued on 3/7/2008 (PM).

1

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2 Civil Cover Sheet

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3 Certificate of Interested Parties

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4 Summons Bannister Summons

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5 Summons Masto Summons

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6 Summons Gibbons Summons

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7 Summons McDaniel Summons

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8 Summons Miller Summons

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9 Summons Skolnik Summons

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March 6, 2008 RECAP
3

Summons Issued as to Howard Skolnik, Robert Bannister, E.K. MCDANIEL, James Gibbons, Ross Miller, Catherine Cortez Masto. (Attachments: # 1 as to Gibbons, # 2 as to Masto, # 3 as to McDaniel, # 4 as to Miller, # 5 as to Skolnik)(PM)

2 as to Gibbons

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3 as to Masto

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4 as to McDaniel

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5 as to Miller

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6 as to Skolnik

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March 7, 2008 RECAP
4

Reassign Judge Minute Order

March 7, 2008 PACER
5

PROPOSED SUMMONS to be issued revised as to Gibbons and McDaniel, filed by Plaintiffs David Robert Riker, Roger Libby, Ricky David Sechrest, Terrence Brothers, Jeffrey Scott Hosmer, Mark Whittington. (Attachments: # 1 Summons McDaniel Summons)(Rowland, Lee) Modified on 3/10/2008 to reflect Summons Issued on 3/10/2008 (PM).

2 Summons McDaniel Summons

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March 10, 2008 RECAP
6

Summons Issued as to E.K. MCDANIEL, James Gibbons re: 5 Proposed Summons. (Attachments: # 1 McDaniel Summons Revised)(PM)

2 McDaniel Summons Revised

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March 10, 2008 RECAP
7

MOTION to Certify Class by Plaintiffs David Robert Riker, Roger Libby, Ricky David Sechrest, Terrence Brothers, Jeffrey Scott Hosmer, Mark Whittington. Responses due by 3/29/2008. (Attachments: # 1 Memorandum in Support of Class Certification)(Rowland, Lee)

2 Memorandum in Support of Class Certification

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March 11, 2008 RECAP
8

CERTIFICATE OF SERVICE for Complaint, Motion for Class Cert and Memorandum in Support of Class Cert by Plaintiffs David Robert Riker, Roger Libby, Ricky David Sechrest, Terrence Brothers, Jeffrey Scott Hosmer, Mark Whittington re 7 MOTION to Certify Class. Served on Janet Traut, counsel for NDOC (Rowland, Lee)

March 12, 2008 RECAP
9

MINUTE ORDER IN CHAMBERS of the Honorable Judge Edward C. Reed, Jr, on 3/12/2008. This case is referred to the Chief Judge for reassignment to another Judge. (Copies have been distributed pursuant to the NEF - DRM)

March 13, 2008 RECAP
10

Reassign Judge Minute Order

March 14, 2008 PACER
11

SUMMONS Returned Executed by David Robert Riker, Roger Libby, Ricky David Sechrest, Terrence Brothers, Jeffrey Scott Hosmer, Mark Whittington re 3 Summons Issued. Howard Skolnik served on 3/11/2008, answer due 3/31/2008; Robert Bannister served on 3/11/2008, answer due 3/31/2008; E.K. MCDANIEL served on 3/11/2008, answer due 3/31/2008; James Gibbons served on 3/11/2008, answer due 3/31/2008; Ross Miller served on 3/11/2008, answer due 3/31/2008; Catherine Cortez Masto served on 3/11/2008, answer due 3/31/2008. (Attachments: # 1 Summons Returned Executed - Miller, # 2 Summons Returned Executed - Skolnik, # 3 Summons Returned Executed - Bannister, # 4 Summons Returned Executed - McDaniel, # 5 Summons Returned Executed - Gibbons)(Rowland, Lee)

2 Summons Returned Executed - Miller

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3 Summons Returned Executed - Skolnik

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4 Summons Returned Executed - Bannister

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5 Summons Returned Executed - McDaniel

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6 Summons Returned Executed - Gibbons

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March 24, 2008 RECAP
12

STIPULATION re 1 Complaint,,, 7 MOTION to Certify Class ; by Defendants Howard Skolnik, Robert Bannister, E.K. MCDANIEL, James Gibbons, Ross Miller, Catherine Cortez Masto, Plaintiffs David Robert Riker, Roger Libby, Ricky David Sechrest, Terrence Brothers, Jeffrey Scott Hosmer, Mark Whittington. (Lichtenstein, Allen)

March 28, 2008 RECAP
13

NOTICE of Appearance by attorney Janet E Traut on behalf of Defendants Howard Skolnik, Robert Bannister, E.K. MCDANIEL, James Gibbons, Ross Miller, Catherine Cortez Masto. NOTICE OF APPEARANCE (Traut, Janet)

April 1, 2008 RECAP
14

MINUTE ORDER IN CHAMBERS of the Honorable Judge Larry R. Hicks, on 4/2/2008, approving 12 parties' Stipulation for extension of time for Defendants to file responsive pleadings to Plaintiffs' 1 Complaint and 7 Plaintiffs' MOTION for Class Certification. Defendants' shall have until 05/15/2008 to file responsive pleadings. The parties also stipulated that during the interim no named Plaintiff in this case will be moved from the Ely State Prison but for cause. (Copies have been distributed pursuant to the NEF - SL)

April 2, 2008 RECAP
15

AMENDED COMPLAINT against Howard Skolnik, Robert Bannister, E.K. MCDANIEL, James Gibbons, Ross Miller, Catherine Cortez Masto, filed by David Robert Riker, Roger Libby, Terrence Brothers, Jeffrey Scott Hosmer, Mark Whittington. Removes parties. Proof of service due by 8/14/2008.(Rowland, Lee)

April 16, 2008 RECAP
16

VERIFIED PETITION for Permission to Practice Pro Hac Vice by Amy Fettig and DESIGNATION of Local Counsel Lee Rowland (Filing fee $ 175 receipt number 09780000000000856016) by Plaintiffs David Robert Riker, Roger Libby, Terrence Brothers, Jeffrey Scott Hosmer, Mark Whittington. Motion ripe 4/16/2008. (Rowland, Lee)

April 16, 2008 RECAP
17

VERIFIED PETITION for Permission to Practice Pro Hac Vice by Stephen Hanlon and DESIGNATION of Local Counsel Lee Rowland (Filing fee $ 175 receipt number 09780000000000856029) by Plaintiffs David Robert Riker, Roger Libby, Terrence Brothers, Jeffrey Scott Hosmer, Mark Whittington. Motion ripe 4/16/2008. (Rowland, Lee)

April 16, 2008 RECAP
18

VERIFIED PETITION for Permission to Practice Pro Hac Vice by Margeret Winter and DESIGNATION of Local Counsel Lee Rowland (Filing fee $ 175 receipt number 09780000000000856035) by Plaintiffs David Robert Riker, Roger Libby, Terrence Brothers, Jeffrey Scott Hosmer, Mark Whittington. Motion ripe 4/16/2008. (Rowland, Lee)

April 16, 2008 RECAP
19

ORDER GRANTING 16 Verified Petition for Permission to Practice Pro Hac Vice for attorney Amy Fettig, and approving Lee Rowland, Designation of Local Counsel. Signed by Judge Larry R. Hicks on 4/18/08. (Copies have been distributed pursuant to the NEF - KO) Modified on 4/21/2008 to correct file date(KO).

April 18, 2008 RECAP
20

ORDER GRANTING 17 Verified Petition for Permission to Practice Pro Hac Vice for attorney, Stephen F. Hanlon, and approving, Lee B. Rowland for Designation of Local Counsel. Signed by Judge Larry R. Hicks on 4/18/08. (Copies have been distributed pursuant to the NEF - KO)

April 18, 2008 RECAP
21

ORDER GRANTING 18 Verified Petition for Permission to Practice Pro Hac Vice for attorney, Margaret Winter, and approving Lee Rowland for Designation of Local Counsel. Signed by Judge Larry R. Hicks on 4/18/08. (Copies have been distributed pursuant to the NEF - KO)

April 18, 2008 RECAP
22

ANSWER to 15 Amended Complaint, ANSWER TO CLASS ACTION COMPLAINT AND DEMAND FOR JURY TRIAL filed by Howard Skolnik, Robert Bannister, E.K. MCDANIEL, James Gibbons, Ross Miller, Catherine Cortez Masto.(Traut, Janet)

May 15, 2008 RECAP
23

MOTION to SEVER and RESPONSE to 7 MOTION to Certify Class, filed by Defendants Howard Skolnik, Robert Bannister, E.K. MCDANIEL, James Gibbons, Ross Miller, Catherine Cortez Masto. OPPOSITION TO MOTION FOR CLASS CERTIFICATION AND MOTION TO SEVER Replies due by 5/29/2008. (Traut, Janet) Modified on 5/16/2008 to activate motion status. (BLG).

May 15, 2008 RECAP
24

Notice re AO 85 Consent to Proceed Before a Magistrate

May 16, 2008 PACER
25

REPLY to Response to 23 MOTION to Sever ; filed by Plaintiff David Robert Riker. Reply Memo of Points & Authorities in Further Support of Plaintiffs' Mot. for Class Cert. and Opposition to Defs.' Mtn to Sever (Attachments: # 1 Declaration Decl. of A. Fettig, # 2 Certificate of Service)(Fettig, Amy)

2 Declaration Decl. of A. Fettig

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3 Certificate of Service

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May 29, 2008 RECAP
26

Motion to Extend Time/Shorten Time regarding Discovery or Nondispositive matter

Oct. 24, 2008 PACER
27

ORDER granting 26 parties' Joint Motion to Extend Time to file a proposed Scheduling Order. The parties shall file a proposed Scheduling Order within 30 days of the court's order re 7 MOTION to Certify Class. See order re specifics. Signed by Judge Larry R. Hicks on 10/27/08. (Copies have been distributed pursuant to the NEF - SL)

Oct. 28, 2008 RECAP
28

Minute Order Setting Hearing on Motion

Dec. 10, 2008 PACER
29

Notice (Other)

2 Certificate of Service

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Jan. 7, 2009 PACER
30

Motion Hearing

Jan. 9, 2009 PACER
31

ORDER identifying additional issues requiring further briefing by the parties re 7 Plaintiffs' MOTION to Certify Class pursuant to 01/09/2009 hearing. See order re specifics. Plaintiffs are granted 30 days to file an opening brief and a pro posed Rule 23(c)(1)(B) Order. Defendants are granted 20 days to respond and Plaintiffs are granted 10 days to file a reply. ( Opening brief due by 2/12/2009.) Signed by Judge Larry R. Hicks on 1/13/09. (Copies have been distributed pursuant to the NEF - SL)

Jan. 13, 2009 RECAP
32

Supplement

2 Declaration Decl. of A. Fettig Pt 1 of 4

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3 Declaration Decl. of A. Fettig Pt 2 of 4

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4 Declaration Decl. of A. Fettig Pt 3 of 4

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5 Declaration Decl. of A. Fettig Pt 4 of 4

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6 Declaration Decl. of M. Winter

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7 Declaration Decl. of A. Lichtenstein

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8 Declaration Decl. of F. Forsman

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9 Declaration Decl. of S. Hanlon

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10 Declaration Decl. of D. Riker

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11 Declaration Decl. of R. Libby

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12 Declaration Decl. of J. Hosmer

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13 Declaration Decl. of M. Whittington

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14 Proposed Order [Proposed] Order

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15 Certificate of Service

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Feb. 11, 2009 PACER
33

Stipulation

March 3, 2009 PACER
34

ORDER APPROVING 33 parties' Stipulation for two-week extension for defendants to file and serve their response to 32 supplemental brief re class certification. (Answering brief due by 3/17/2009.) Signed by Judge Larry R. Hicks on 3/4/09. (Copies have been distributed pursuant to the NEF - SL)

March 4, 2009 RECAP
35

Stipulation

March 17, 2009 PACER
36

ORDER approving 35 parties' Stipulation for a 3-day extension of time for Defendants to file their response to 32 Supplemental brief re class certification. NO FURTHER EXTENSIONS WILL BE GRANTED. ( Answering brief due by 3/20/2009.) Signed by Judge Larry R. Hicks on 3/18/09. (Copies have been distributed pursuant to the NEF - SL)

March 18, 2009 RECAP
37

Response to Motion

2 Exhibit Exhibits A-C

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March 20, 2009 PACER
38

ORDER re any reply by Plaintiffs to 37 Defendants' Supplemental Brief in Opposition to Class Certification is due on or before Friday, 3/27/2009. Signed by Judge Larry R. Hicks on 3/24/09. (Copies have been distributed pursuant to the NEF - SL)

March 24, 2009 RECAP
39

Reply to Response to Motion

2 Certificate of Service

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March 27, 2009 PACER
40

ORDER granting 7 Plaintiffs' Motion to Certify Class and denying as moot 23 Defendants' Motion to Sever. IT IS FURTHER ORDERED that the parties shall submit a proposed notice within 30 days that includes the following matters: (1) nat ure of the action; (2) definition of the class certified; (3) class claims, and (4) that a class member may enter an appearance through an attorney if the member so desires. See order re specifics. ( Notice of Compliance is due by 4/30/2009.) Signed by Judge Larry R. Hicks on 3/31/09. (Copies have been distributed pursuant to the NEF - SL)

March 31, 2009 RECAP
41

Minute Order Setting Hearing

April 23, 2009 PACER
42

Stipulation

2 Proposed Order Draft Class Notice

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3 Certificate of Service Stipulation CoS

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April 30, 2009 PACER
43

ORDER APPROVING 42 parties' Stipulated Class Notice. Signed by Judge Larry R. Hicks on 5/5/09. (Copies have been distributed pursuant to the NEF - SL)

May 5, 2009 RECAP
44

Stipulation

2 Certificate of Service

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May 12, 2009 PACER
45

Notice of Corrected Image/Document

2 Attachment "A"

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3 Corrected Image - Attachment "A"

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May 18, 2009 PACER
46

Miscellaneous Hearing

May 19, 2009 PACER
47

Scheduling Order

May 19, 2009 PACER
48

ORDER approving 45 Notice of Corrected Image/Document re 43 Order. Signed by Judge Larry R. Hicks on 5/19/09. (Copies have been distributed pursuant to the NEF - SL)

May 19, 2009 RECAP
49

Minute Order Setting Hearing

May 26, 2009 PACER
50

Status Report

2 Exhibit Ex 1 - Decl of A. Fettig

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3 Certificate of Service

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June 22, 2009 PACER
51

Status Report

June 22, 2009 PACER
52

Stipulation

2 Certificate of Service

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June 24, 2009 PACER
53

Miscellaneous Hearing

June 25, 2009 PACER
54

Protective Order

June 25, 2009 PACER
55

Notice of Appearance

July 8, 2009 PACER
56

Notice of Appearance

July 10, 2009 PACER
57

Notice of Appearance

July 13, 2009 PACER
58

Notice of Appearance

July 16, 2009 PACER
59

Notice of Appearance

July 16, 2009 PACER
60

Errata

July 16, 2009 PACER
61

Status Report

2 Exhibit Exhibits A and B

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July 28, 2009 PACER
62

Status Report

2 Declaration Exhibit 1

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3 Declaration Exhibit 2

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July 28, 2009 PACER
63

Certificate of Service

July 28, 2009 PACER
64

Miscellaneous Hearing

July 31, 2009 PACER
65

Motion to Amend/Correct

2 Certificate of Service

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Aug. 4, 2009 PACER
66

Transcript

Aug. 4, 2009 PACER
67

Objection to Document

2 Exhibit A and B

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Aug. 5, 2009 PACER
68

Motion for Miscellaneous Relief

Aug. 7, 2009 PACER
69

Motion to Seal

Aug. 11, 2009 PACER
70

Status Report

2 Exhibit Decl. of A. Fettig

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3 Certificate of Service

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Aug. 11, 2009 PACER
71

Motion for Miscellaneous Relief

2 Declaration C. G. Leslie

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3 Exhibit part 1

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4 Exhibit part 2

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Aug. 11, 2009 PACER
73

Notice (Other)

Aug. 11, 2009 PACER
74

Status Conference

Aug. 13, 2009 PACER
75

Memorandum

Aug. 19, 2009 PACER
76

Response to Motion

2 Exhibit DECL A FETTIG

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3 Exhibit DECL G BERNTH

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4 Exhibit DECL S VASSALLO

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5 Certificate of Service

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Aug. 20, 2009 PACER
77

Notice (Other)

Aug. 21, 2009 PACER
78

Response to Motion

2 Certificate of Service

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Aug. 24, 2009 PACER
79

Status Report

Aug. 24, 2009 PACER
80

Status Report

Aug. 24, 2009 PACER
83

Order

Aug. 24, 2009 PACER
81

Response to Motion

2 Certificate of Service

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Aug. 26, 2009 PACER
82

Reply to Response to Motion

2 Exhibit Dec of Leslie and Exhibits I, J, and K

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Aug. 26, 2009 PACER
86

Miscellaneous Hearing

Aug. 27, 2009 PACER
84

Reply to Response to Motion

Sept. 2, 2009 PACER
85

Reply to Response to Motion

2 Exhibit A

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Sept. 2, 2009 PACER
87

Status Report

2 Declaration A. Fettig

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3 Certificate of Service

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Sept. 21, 2009 PACER
88

Status Report

2 Exhibit A

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Sept. 22, 2009 PACER
89

Status Report

2 Certificate of Service

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Sept. 23, 2009 PACER
90

Response - Other

2 Exhibit A

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Sept. 23, 2009 PACER
91

Motion for Miscellaneous Relief

2 Exhibit D-MTN 001 - NDOC Unauthorized Notice to Inmate Burt

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3 Exhibit D-MTN 004-021 - Declaration of Greg Cox (with Attached Exhs)

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Sept. 23, 2009 PACER
92

Motion for Sanctions/ Non-Discovery

2 Exhibit D-MTN 001 - NDOC Unauthorized Notice to Inmate Burt

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3 Declaration D-MTN 004-021 - Declaration of Greg Cox (with attached exhibits)

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Sept. 23, 2009 PACER
93

Notice (Other)

Sept. 24, 2009 PACER
94

Order on Motion

Sept. 24, 2009 PACER
95

Order on Motion for Sanctions

Sept. 28, 2009 PACER
96

Motion for Miscellaneous Relief

Sept. 29, 2009 PACER
97

Order on Motion to Seal

Sept. 30, 2009 PACER
98

Notice (Other)

Oct. 1, 2009 PACER
99

Response - Other

2 Exhibit A & B

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Oct. 5, 2009 PACER
100

Memorandum

2 Declaration Declaration of Margaret A. McLetchie

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3 Exhibit Exhibit 1 to McLetchie Declaration

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4 Exhibit Exhibit 2 to McLetchie Declaration

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5 Declaration Declaration of Amy Fettig

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Oct. 5, 2009 PACER
101

Response to Motion

2 Declaration A. Fettig

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3 Certificate of Service

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Oct. 9, 2009 PACER

State / Territory: Nevada

Case Type(s):

Prison Conditions

Key Dates

Filing Date: March 6, 2008

Closing Date: 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Prisoners detained at the Ely State Prison in Nevada who were provided inadequate medical care.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National Prison Project

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Nevada Department of Corrections, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2010 - 0

Content of Injunction:

Monitor/Master

Monitoring

Issues

General:

Conditions of confinement

Affected Gender:

Male

Medical/Mental Health:

Medical care, general

Type of Facility:

Government-run