Case: Montez v. Owens

1:92-cv-00870 | U.S. District Court for the District of Colorado

Filed Date: May 5, 1992

Case Ongoing

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Case Summary

This federal lawsuit was filed in the U.S. District Court for the District of Colorado, in 1992, by six incarcerated individuals with disabilities who alleged that Colorado's prisons did not comply with the federal Americans with Disabilities Act, the Rehabilitation Act, and 42 U.S.C. § 1983. In 1996, the case became certified as a class-action lawsuit on behalf of all incarcerated individuals with disabilities.In 2003, the state Department of Corrections agreed in a multimillion-dollar settle…

In 2003, the state Department of Corrections agreed in a multimillion-dollar settlement known as the Remedial Plan to make changes by 2005. The court [Judge Edward Nottingham] approved this plan on August 27, 2003. The changes included making prisons handicapped-accessible, ending lower pay for so-called "handicapped" inmate jobs and ensuring that disabled inmates had access to sign language interpreters and Braille or large-print documents.

The Remedial Plan also included a mechanism for individuals to file claims seeking damages, or some other remedy available in court, that would be sent to a team of two Special Masters to adjudicate and determine damages based on an agreed upon class system. In 2004, the Special Masters requested that the court authorize at least two additional masters to accommodate the ever-increasing case load. Although both parties to the case recognized the need to have additional Special Masters, neither party could agree on who should be able to become Special Master. This disagreement stymied future progress in the case. Between 2004 and 2005 alone, over 1300 individuals submitted claims to the Special Masters.

The state did not meet the requirements of other elements of the Remedial Plan by 2005, so the deadline was extended to July 2007. By 2008, the Colorado prison system missed two court-ordered deadlines to improve facilities and services for disabled inmates, some of whom have gone without glasses, diabetes medication, wheelchairs or hearing aids for months or even years, according to court records.

To cause further disarray, in 2008, Judge Edward Nottingham resigned from his commission as United States District Judge for the district of Colorado. Judge Christine Arguello replaced Judge Edward Nottingham. Since 2008 the settlement has faced a myriad of conflicts between the parties of the case, resignations and replacements of special masters for the case settlement as individual claims continue to be sorted out.

One of the largest areas of dispute that has formed between the two parties of the case regards whether an inmate is able to seek appellate review of a decision made by a Special Master. This dispute arose after a claimant filed an individual claim for damages because, as a diabetic, his correctional facility forced him to wear a different color name tag than other inmates. The Special Masters denied this claim, stating that they did not have jurisdiction to address this issue. The claimant sought the ability to appeal this decision despite the fact that the consent decree specifically says that all decisions made by the Special Masters are final. This situation created a whirlwind of activity regarding the enforcement of the consent decree and eventually wound up in front of the Tenth Circuit. 307 Fed.Appx. 160 (2009).

After years of litigation, on May 10, 2011, the Tenth Circuit held that even though the consent decree provided that the lower court's review would be final, an appeal could be made to the Tenth Circuit since the Court's jurisdiction is invoked by statute. Regardless, the Court affirmed the lower courts' decision to dismiss the officials' motion, and the claimant's motion for damages. 640 F.3d 1126 (2011).

In January 2015, the Supreme Court denied the petition for a writ of certiorari. Between 2015 and 2018, several interested parties filed appeals in the Tenth Circuit. One of these appeals was dismissed on June 7, 2019 after the appellant repeatedly failed to submit a timely brief. On January 22, 2018, another resulted in the award of $50 to one class member along with the dismissal of the remainder of his claims. As of April 11, 2020, there are no other pending appeals. The settlement for this case is ongoing in the district court.

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Summary Authors

Megan Richardson (6/9/2014)

Hope Brinn (11/3/2018)

Documents in the Clearinghouse

	Document
1:96-cv-00343	Civil Docket for Case #: 1:96-cv-00343-EWN Bulgier v. Reed	Oct. 27, 2004	Oct. 27, 2004 Docket
1:92-cv-00870 06-01233 07-01405 08-01049 08-01175 08-01399 10-01059 03-01417 10-01411	Docket [PACER] Montez v. Romer	July 22, 2013	July 22, 2013 Docket
	Remedial Plan No Court	Aug. 27, 2003	Aug. 27, 2003 Discovery Material/FOIA Release
599 1:92-cv-00870	Order and Memorandum of Decision	April 30, 2004	April 30, 2004 Order/Opinion
956 1:92-cv-00870	Final Order of Special Master	June 30, 2005	June 30, 2005 Order/Opinion
946 1:92-cv-00870	Second Report and Recommendation of the Special Masters to the United States District Judge Edward W. Nottingham and Senior United States District Judge John L. Kane	June 30, 2005	June 30, 2005 Monitor/Expert/Receiver Report
1026 1:92-cv-00870	Plaintiff Class Response and Partial Objection to Second Report and Recommendation of Special Masters	Aug. 16, 2005	Aug. 16, 2005 Discovery Material/FOIA Release
1028 1:92-cv-00870	Plaintiff Class Notice to the Hon. John L. Kane of Defendants' Non-compliance of Remedial Plan	Aug. 16, 2005	Aug. 16, 2005 Discovery Material/FOIA Release
1051 1:92-cv-00870	Defendants' Reponse to Plaintiff Class Notice to the Hon. John L. Kane of Defendants' Non-Compliance of Remedial Plan	Aug. 26, 2005	Aug. 26, 2005 Discovery Material/FOIA Release
1256 1:92-cv-00870	Petition to Expand the Scope and Parameters of the Montez Remedical Plan and to Include ADA Standards for Individuals with Disabilities	Dec. 21, 2005	Dec. 21, 2005 Discovery Material/FOIA Release

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Resources

Title	Description		External URL Date / External URL
White Paper: Effective Communication with Deaf, Hard of Hearing, Blind, and Low Vision Incarcerated People Tessa Bialek and Margo Schlanger	This version of the white paper is screen readable. A large print (but not screen readable) version of the white paper is available here…	July 2022	July 7, 2022

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4694116/montez-v-romer/

Last updated Nov. 30, 2025, 10:05 p.m.

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ECF Number	Description	Date	Link Date / Link
3	COMPLAINT (former empl) Modified on 02/14/1996 (Entered: 02/14/1996)	Feb. 13, 1996	Feb. 13, 1996
1	MOTION by plaintiff Jimmy R. Bulgier to proceed in forma pauperis (former empl) (Entered: 02/14/1996)	Feb. 13, 1996	Feb. 13, 1996
2	ORDER by Judge Daniel B. Sparr granting motion to proceed in forma pauperis [1−1] (cc: all counsel) ; entry date : 2/14/96 (former empl) (Entered: 02/14/1996)	Feb. 13, 1996	Feb. 13, 1996
4	NOTICE of Appearance by plaintiff Jimmy R. Bulgier (former empl) (Entered: 02/14/1996)	Feb. 13, 1996	Feb. 13, 1996
5	REQUEST by plaintiff Jimmy R. Bulgier for show cause oder to issue, request for service of cmp and show cause order to be served by USM (former empl) (Entered: 02/14/1996)	Feb. 13, 1996	Feb. 13, 1996
6	AFFIDAVIT of Harold Graham (former empl) (Entered: 02/14/1996)	Feb. 13, 1996	Feb. 13, 1996
7	AFFIDAVIT of Harold Graham (former empl) (Entered: 02/14/1996)	Feb. 13, 1996	Feb. 13, 1996
8	AFFIDAVIT of Harold Graham (former empl) (Entered: 02/14/1996)	Feb. 13, 1996	Feb. 13, 1996
9	ORDER to Dismiss in Part and to Refer Remaining Claims to an initial conf by Judge Daniel B. Sparr...the ADA and Rehabilitation Act claim, the retaliation claim pursuant to 42:1983 and 1985(2) and 1983 claim alleging 8th amd violation because of a failure to protect pla shall be referred to an initial conf; the 8th amd claim asserted against Jeri Green is dismissed as legally frivolous; claims asserted pursuant to 42:1985(3), 1988 and civil rights institutionalized persons act are dismissed as legally frivolous (cc: all counsel) ; entry date : 4/11/96 (former empl) (Entered: 04/11/1996)	April 9, 1996	April 9, 1996
10	Special ORDER of Reference by Judge Daniel B. Sparr...civil action is referred to Honorable Charles E. Matheson, Chief Bk Judge to convene an initial conf by telephone (cc: all counsel) ; entry date : 4/11/96 (former empl) (Entered: 04/11/1996)	April 9, 1996	April 9, 1996
11	ORDER (Notice of Hearing) by Bk. Judge Charles E. Matheson ; initial telephonic hrg (in court hrg) set for 2:15 5/22/96 ; (cc: all counsel) ; entry date : 4/19/96 (former empl) (Entered: 04/19/1996)	April 17, 1996	April 17, 1996
12	Entry of ATTORNEY APPEARANCE for dfts Bill Reed, Nard Claar, Jim Weber, Becky Rhomona, Glenntte Smith, R. Murphy, Mark McKenna by Grace A. Belsches (former empl) (Entered: 05/24/1996)	May 21, 1996	May 21, 1996
13	AMENDED Entry of Appearance by dfts Bill Reed, Nard Claar, Jim Weber, Becky Rhomona, Glenntte Smith, R. Murphy, Mark McKenna re attorney [12−1] (former empl) (Entered: 05/24/1996)	May 21, 1996	May 21, 1996
14	REPORT and Recommendation by Ch US BK Judge Charles Matheson: matter be assigned to district court judge (lam) (Entered: 05/30/1996)	May 23, 1996	May 23, 1996
15	ORDER Assigning Case to a District Judge by Judge Daniel B. Sparr...case shall be assigned to Judge Babcock as related; Case reassigned to Judge Lewis T. Babcock (cc: all counsel) ; entry date : 5/31/96 (former empl) (Entered: 05/31/1996)	May 30, 1996	May 30, 1996
16	ORDER disc,ptc to US Mag Schlatter by Judge Lewis T. Babcock (cc: to counsel) (former empl) Modified on 06/25/1999 (Entered: 06/06/1996)	June 4, 1996	June 4, 1996
18	ORDER by Magistrate Judge Richard M. Borchers that service of summons and copy of cmp be made upon dfts sent out 6/10/96 (cc: all counsel) ; entry date : 6/11/96 (former empl) (Entered: 06/11/1996)	June 7, 1996	June 7, 1996
17	MOTION by plaintiff Jimmy R. Bulgier for extension of time to file notice of appeal (gms) (Entered: 06/11/1996)	June 10, 1996	June 10, 1996
19	ORDER by Judge Lewis T. Babcock denying motion for extension of time to file notice of appeal [17−1] (cc: all counsel) ; entry date : 6/17/96 (former empl) (Entered:	June 13, 1996	June 13, 1996
21	MINUTE ORDER : by Magistrate Judge Richard M. Borchers granting motion to amend civil action to add defts: [20−1], regarding [3−1] complaint adding defendant COLO DOC, Sgt. D.R.D.C., Fremont Correctional, CTCF, Annette Porter, Brad Rockwill (sic) (cc: all counsel) ; entry date : 7/12/96 (former empl) (Entered: 07/12/1996)	July 11, 1996	July 11, 1996
22	Second MOTION by plaintiff Jimmy R. Bulgier for appointment of counsel (former empl) (Entered: 07/12/1996)	July 11, 1996	July 11, 1996
23	ORDER by Magistrate Judge Richard M. Borchers denying motion for appointment of counsel [22−1] (cc: all counsel) ; entry date : 7/12/96 (former empl) (Entered: 07/12/1996)	July 11, 1996	July 11, 1996
24	SUMMONS (NOTICE) to new defts issued (former empl) (Entered: 07/15/1996)	July 15, 1996	July 15, 1996
26	MOTION by defendants Bill Reed, Nard Claar, Jim Weber, Becky Rhomona, Glenntte Smith, Jeri Green, R. Murphy, Mark McKenna to extend time to answer or respond to 8/22/96 (former empl) (Entered: 07/23/1996)	July 22, 1996	July 22, 1996
25	WAIVER OF SERVICE of Summons and Complaint upon defendant Bill Reed, defendant Nard Claar, defendant Jim Weber (accepted as Weger), defendant Becky Rhomona, defendant Glenntte Smith, defendant R. Murphy, defendant Mark McKenna (accepted by McKinna) on 7/15/96 by Brad Rockwell (former empl) (Entered: 07/23/1996)	July 23, 1996	July 23, 1996
27	ORDER by Magistrate Judge Richard M. Borchers granting motion to extend time to answer or respond to cmplt [26−1] up to/including 9/9/96 (cc: all counsel) ; entry date : 7/26/96 (former empl) (Entered: 07/26/1996)	July 24, 1996	July 24, 1996
28	OBJECTIONS by plaintiff Jimmy R. Bulgier to order [23−1] denying m/appntmnt of cnsl; with requests to reconsider the mtn and allow D. Lane and P. Griesen to revw the case; stay this action for cnsl to advise pltf on disposition; honor his request to add this case to "Montez" action (former empl) (Entered: 08/05/1996)	Aug. 5, 1996	Aug. 5, 1996
29	MOTION by plaintiff Jimmy R. Bulgier for default judgment against Bill Reed, Nard Claar, Jim Weber, Becky Rhomona, Glenntte Smith, Jeri Green, R. Murphy, Mark McKenna, COLO DOC, Sgt. D.R.D.C., Fremont Correctional, CTCF, Annette Porter, Brad Rockwill for failure to answer complaint (former empl) (Entered: 08/05/1996)	Aug. 5, 1996	Aug. 5, 1996
30	MINUTE ORDER : by Magistrate Judge Richard M. Borchers denying motion for default judgment against Bill Reed, Nard Claar, Jim Weber, Becky Rhomona, Glenntte Smith, Jeri Green, R. Murphy, Mark McKenna, COLO DOC, Sgt. D.R.D.C., Fremont Correctional, CTCF, Annette Porter, Brad Rockwill [29−1], denying objection [28−1], regarding [22−1] motion for appointment of counsel (cc: all counsel) ; entry date : 8/7/96 (former empl) (Entered: 08/07/1996)	Aug. 6, 1996	Aug. 6, 1996
31	MOTION by defendants Bill Reed, Nard Claar, Jim Weber, Becky Rhomona, Glenntte Smith, Jeri Green, R. Murphy, Mark McKenna to extend time to 9/19/96 to file their response (former empl) (Entered: 09/12/1996)	Sept. 9, 1996	Sept. 9, 1996
32	MINUTE ORDER : by Magistrate Judge Richard M. Borchers granting defts' motion to extend time to 9/19/96 to file their response [31−1] (cc: all counsel) ; entry date : 9/12/96 (former empl) (Entered: 09/12/1996)	Sept. 11, 1996	Sept. 11, 1996
33	WAIVER OF SERVICE of Summons' and Complaints by Brad Rockwell on behalf of defendant COLO DOC, defendant Sgt. D.R.D.C., defendant Fremont Correctional, defendant CTCF, defendant Annette Porter, defendant Brad Rockwill on 9/11/96 (former empl) (Entered: 09/17/1996)	Sept. 16, 1996	Sept. 16, 1996
34	MOTION by defendants Bill Reed, Nard Claar, Jim Weber, Becky Rhomona, Glenntte Smith, Jeri Green, R. Murphy, and Mark McKenna to extend time to 9/27/96 to resp to cmplt (former empl) (Entered: 09/23/1996)	Sept. 19, 1996	Sept. 19, 1996
35	MINUTE ORDER : by Magistrate Judge Richard M. Borchers granting motion to extend time to 9/27/96 to resp to cmplt [34−1]; NO FURTHER EXTS (cc: all counsel) ; entry date : 9/25/96 (former empl) (Entered: 09/25/1996)	Sept. 24, 1996	Sept. 24, 1996
36	Motion by defendants Bill Reed, Nard Claar, Jim Weber, Becky Rhomona, Glenntte Smith, R. Murphy, Mark McKenna to dismiss fails to state a claim before Judge Lewis T. Babcock , or for summary judgment before Judge Lewis T. Babcock (former empl) (Entered: 10/03/1996)	Sept. 30, 1996	Sept. 30, 1996
38	MINUTE ORDER : by Magistrate Judge Richard M. Borchers regarding [36−1] motion to dismiss fails to state a claim or [36−2] for summary judgment before Judge Lewis T. Babcock, pla has to 10/30/96 to respond (cc: all counsel) ; entry date : 10/3/96 (lam) (Entered: 10/03/1996)	Oct. 2, 1996	Oct. 2, 1996
39	MOTION by plaintiff Jimmy R. Bulgier to extend time to respond to defts' afdts and advising David Lane Paula Greisen have agreed to represent him (former empl) (Entered: 10/24/1996)	Oct. 21, 1996	Oct. 21, 1996
40	MOTION by plaintiff Jimmy R. Bulgier to extend time to respond to defts' mtns/afdts w/exhs attached (former empl) (Entered: 11/20/1996)	Nov. 19, 1996	Nov. 19, 1996
41	MOTION by plaintiff Jimmy R. Bulgier to clarify ruling of 6/5/96 (former empl) (Entered: 11/20/1996)	Nov. 20, 1996	Nov. 20, 1996
42	ORDER by Judge Lewis T. Babcock denying pltf's motion to clarify ruling of 6/5/96 [41−1] (cc: all counsel) ; entry date : 11/22/96 (former empl) (Entered: 11/22/1996)	Nov. 20, 1996	Nov. 20, 1996
43	MINUTE ORDER : by Magistrate Judge Richard M. Borchers granting pla's motion to extend time to respond to 12/27/96 [40−1], to dismiss [36−1], [36−2]; no further exts will be granted (cc: all counsel) ; entry date : 11/29/96 (lam) (Entered: 11/29/1996)	Nov. 27, 1996	Nov. 27, 1996
44	RESPONSE by plaintiff Jimmy R. Bulgier to motion to dismiss fails to state a claim before Judge Lewis T. Babcock [36−1], motion for summary judgment before Judge Lewis T. Babcock [36−2] (former empl) (Entered: 12/30/1996)	Dec. 27, 1996	Dec. 27, 1996
45	RESPONSE by plaintiff Jimmy R. Bulgier to Afdt of Mark McKinna (former empl) (Entered: 12/30/1996)	Dec. 27, 1996	Dec. 27, 1996
46	MOTION by plaintiff Jimmy R. Bulgier for order incorporating previous afdts, exhs, etc. in response to mtn/dism and/or sumjgm (former empl) (Entered: 12/30/1996)	Dec. 27, 1996	Dec. 27, 1996
47	MOTION by plaintiff Jimmy R. Bulgier for entry of default as to Jeri Green (former empl) (Entered: 12/30/1996)	Dec. 27, 1996	Dec. 27, 1996
48	CLERK'S NOTE (STATEMENT) by Clerk of Court denying motion for entry of default as to Jeri Green [47−1] (former empl) (Entered: 12/30/1996)	Dec. 30, 1996	Dec. 30, 1996
49	MAGISTRATE'S RECOMMENDATION Ordering mtn/dism be treated as mtn/sumjgm and recomm mtn for sumjgm be granted in fav of dfts McKina, Claar, Reed and Weber by Magistrate Judge Richard M. Borchers concerning motion to dismiss fails to state a claim before Judge Lewis T. Babcock [36−1], motion for summary judgment before Judge Lewis T. Babcock [36−2] (cc: all counsel) ; entry date : 1/8/97 (former empl) (Entered: 01/08/1997)	Jan. 6, 1997	Jan. 6, 1997
50	MOTION by plaintiff Jimmy R. Bulgier to extend time to object to mag rec (former empl) (Entered: 01/17/1997)	Jan. 16, 1997	Jan. 16, 1997
51	ATTORNEY APPEARANCE for plaintiff Jimmy R. Bulgier by Paula Dee Greisen, David H. Miller (former empl) (Entered: 01/17/1997)	Jan. 16, 1997	Jan. 16, 1997
52	OBJECTIONS by defendant Bill Reed, defendant Nard Claar, defendant Jim Weber, defendant Becky Rhomona, defendant Glenntte Smith, defendant R. Murphy, defendant Mark McKenna to Magistrate's Recommendation [49−1] (former empl) (Entered: 01/17/1997)	Jan. 16, 1997	Jan. 16, 1997
54	MOTION by plaintiff Jimmy R. Bulgier to extend time to object to mag rec (former empl) (Entered: 01/22/1997)	Jan. 21, 1997	Jan. 21, 1997
55	MINUTE ORDER : by Judge Lewis T. Babcock denying motion to extend time to object to mag rec [54−1] (cc: all counsel) ; entry date : 1/24/97 (former empl) (Entered: 01/24/1997)	Jan. 22, 1997	Jan. 22, 1997
56	MOTION by plaintiff Jimmy R. Bulgier to stay casei pending ruling on mtn/consolcs in 96N870 (former empl) (Entered: 01/24/1997)	Jan. 23, 1997	Jan. 23, 1997
57	MOTION by plaintiff Jimmy R. Bulgier to consolidate case 92−N−870 w/member case 96−B−343 (former empl) (Entered: 01/27/1997)	Jan. 23, 1997	Jan. 23, 1997
58	MINUTE ORDER : by Judge Lewis T. Babcock dfts have to/including 2/7/97 regarding [56−1] motion to stay case pending ruling on mtn/consolcs in 96N870 (cc: all counsel) ; entry date : 1/27/97 (former empl) (Entered: 01/27/1997)	Jan. 24, 1997	Jan. 24, 1997
59	MINUTE ORDER : by Judge Edward W. Nottingham regarding [57−1] motion to consolidate case 92−N−870 w/member case 96−B−343...dfts in each case to respond by 2/7/97 (cc: all counsel) ; entry date : 1/28/97 (former empl) (Entered: 01/28/1997)	Jan. 27, 1997	Jan. 27, 1997
60	OBJECTIONS by dfts Bill Reed, Nard Claar, Jim Weber, Becky Rhomona, Glenntte Smith, Mark McKenna, R. Murphy to motion to consolidate case 92−N−870 w/member case 96−B−343 [57−1] (former empl) (Entered: 02/11/1997)	Feb. 10, 1997	Feb. 10, 1997
61	OBJECTION TO (RESPONSE) by defendant Bill Reed, defendant Nard Claar, defendant Jim Weber, defendant Becky Rhomona, defendant Glenntte Smith, defendant R. Murphy, defendant Mark McKenna, defendant COLO DOC, defendant Sgt. D.R.D.C., defendant Fremont Correctional, defendant CTCF, defendant Annette Porter, defendant Brad Rockwill to motion to stay casei pending ruling on mtn/consolcs in 96N870 [56−1], motion to consolidate case 92−N−870 w/member case 96−B−343 [57−1] (former empl) (Entered: 02/11/1997)	Feb. 10, 1997	Feb. 10, 1997
62	MAGISTRATE'S RECOMMENDATION that Judge Nottingham GR mtn/consol into the 92N870 class action and that Judge Babcock Stay pending case until ruling on mtn/consolidate by Magistrate Judge O. E. Schlatter concerning motion to stay casei pending ruling on mtn/consolcs in 96N870 [56−1], motion to consolidate case 92−N−870 w/member case 96−B−343 [57−1] (cc: all counsel) ; entry date : 2/20/97 (former empl) (Entered: 02/20/1997)	Feb. 14, 1997	Feb. 14, 1997
63	ORDER by Judge Edward W. Nottingham adopting [62−1] − Magistrate's Recommendation in 1:96−cv−00343; granting motion to consolidate case 92−N−870 w/member case 96−B−343 [57−1] in 1:96−cv−00343 (cc: all counsel) ; entry date : 2/27/97 (former empl) (Entered: 02/27/1997)	Feb. 25, 1997	Feb. 25, 1997
	MINUTE ORDER : by Judge Edward W. Nottingham denying motion for leave to reply to response to mtn to consolidate [152−1] in 1:92−cv−00870 (cc: all counsel) ; entry date : 2/28/97 (former empl) (Entered: 02/28/1997)	Feb. 25, 1997	Feb. 25, 1997
	MOTION by plas Jesse F. Montez, David Bryan, George Karl, Gilpin Eugene, John Armintrout, Kenneth Garcia, Duncan Leach, Robert Sikitch, Gail Levine, Diedra Givens, Patricia Ballard in 92−N−870 and Jimmy R. Bulgier in 1:96−cv−00343 for leave to suppl response to dfts' mtn to dismiss (former empl) Modified on 04/22/1997 (Entered: 04/09/1997)	April 8, 1997	April 8, 1997
	MINUTE ORDER : by Judge Edward W. Nottingham granting motion for leave to suppl response to dfts' mtn to dismiss [156−1] in 1:92−cv−00870, 1:96−cv−00343 (cc: all counsel) ; entry date : 4/10/97 (former empl) (Entered: 04/10/1997)	April 9, 1997	April 9, 1997
	Notice of SUPPLEMENTAL Authority directly on point by plaintiffs in 1:92−cv−00870, 1:96−cv−00343 (former empl) (Entered: 07/24/1997)	July 24, 1997	July 24, 1997
	Second Notice of SUPPLEMENTAL Authority by plaintiffs in 1:92−cv−00870, 1:96−cv−00343 (former empl) (Entered: 08/08/1997)	Aug. 7, 1997	Aug. 7, 1997
	Third NOTICE by plaintiffs in 1:92−cv−00870, 1:96−cv−00343 of supplemental authority (former empl) (Entered: 10/24/1997)	Oct. 23, 1997	Oct. 23, 1997
	Request (MOTION) by plaintiffs in 1:92−cv−00870, 1:96−cv−00343 for ruling on mtn to dismiss (former empl) (Entered: 10/24/1997)	Oct. 23, 1997	Oct. 23, 1997
	Fourth NOTICE of Supplemental Authority by plaintiffs in 1:92−cv−00870, 1:96−cv−00343 (former empl) (Entered: 11/13/1997)	Nov. 12, 1997	Nov. 12, 1997
	Request (MOTION) by plaintiffs in 1:92−cv−00870, 1:96−cv−00343 for forthwith ruling on mtn to dismiss (former empl) (Entered: 11/13/1997)	Nov. 12, 1997	Nov. 12, 1997
	MOTION by defendants in 1:92−cv−00870, 1:96−cv−00343 to stay issuance of ruling on partial mtn to dismiss (former empl) (Entered: 01/30/1998)	Jan. 29, 1998	Jan. 29, 1998
	MINUTE ORDER : by Judge Edward W. Nottingham granting motion to stay issuance of ruling on partial mtn to dismiss [163−1] in 1:92−cv−00870, 1:96−cv−00343 , CASE STAYED (cc: all counsel) ; entry date : 2/5/98 (former empl) (Entered: 02/05/1998)	Feb. 4, 1998	Feb. 4, 1998
	Notice of US Suprement Court Authority and MOTION by plaintiff in 1:92−cv−00870, plaintiff in 1:96−cv−00343 to expedite ruling on mtn to dismiss (former empl) (Entered: 06/17/1998)	June 16, 1998	June 16, 1998
	MINUTE ORDER : by Magistrate Judge Richard M. Borchers granting pla's motion for order incorporating previous afdts, exhs, etc. in response to mtn/dism and/or sumjgm [46−1] regarding [44−1] motion response in 1:96−cv−00343 (cc: all counsel) ; entry date : 8/4/98 (lam) (Entered: 08/04/1998)	July 31, 1998	July 31, 1998
	MINUTE ORDER : by Judge Edward W. Nottingham granting motion to expedite ruling on mtn to dismiss [165−1] in 1:92−cv−00870, 1:96−cv−00343, regarding [141−1] motion to dismiss all claims based on section 504 of Rehab Act, 28:794 or Title II of ADA before Judge Edward W. Nottingham in 1:92−cv−00870 (cc: all counsel) ; entry date : 9/25/98 (former empl) Modified on 12/28/2001 (Entered: 09/25/1998)	Sept. 25, 1998	Sept. 25, 1998
	MEMORANDUM, OPINION, AND ORDER: by Judge Edward W. Nottingham granting and denied in part motion to dismiss all claims based on section 504 of Rehab Act, 28:794 or Title II of ADA before Judge Edward W. Nottingham [141−1] in 1:92−cv−00870 ; status conf set for 8:45 2/3/99 in 1:92−cv−00870, in 1:96−cv−00343 (cc: all counsel) ; entry date : 1/22/99 (former empl) (Entered: 01/22/1999)	Jan. 21, 1999	Jan. 21, 1999
	COURTROOM MINUTES by Judge Edward W. Nottingham ; rule 16 conference set for 8:15 2/24/99 in 1:92−cv−00870, in 1:96−cv−00343 ; status conf held 2/3/99 ; entry date : 2/5/99 Court Reporter: Lindblom (former empl) (Entered: 02/05/1999)	Feb. 3, 1999	Feb. 3, 1999
	COURTROOM MINUTES by Judge Edward W. Nottingham ; rule 16 conf held on 2/24/99 ; entry date : 2/24/99 Court Reporter: ECR (former empl) (Entered: 02/24/1999)	Feb. 24, 1999	Feb. 24, 1999
	Fourth Amd Stipulated SCHEDULING and Discovery ORDER Judge Edward W. Nottingham ; Discovery cutoff 9/1/99 in 1:92−cv−00870, in 1:96−cv−00343 ;dispositive motions due 9/20/99 in 1:92−cv−00870, in 1:96−cv−00343 (cc: all counsel) (former empl) (Entered: 02/25/1999)	Feb. 24, 1999	Feb. 24, 1999
	MINUTE ORDER : by Judge Edward W. Nottingham regarding [164−2] stay motion CASE STAYED in 1:92−cv−00870 stay lifted in 1:92−cv−00870 (cc: all counsel) ; entry date : 2/25/99 (former empl) (Entered: 02/25/1999)	Feb. 24, 1999	Feb. 24, 1999
	MINUTE ORDER : by Magistrate Judge O. E. Schlatter ; settlement conf set for 1:00 5/4/99 in 1:92−cv−00870, in 1:96−cv−00343 (cc: all counsel) ; entry date : 3/26/99 (former empl) (Entered: 03/26/1999)	March 25, 1999	March 25, 1999
	MINUTE ORDER : by Magistrate Judge O. E. Schlatter ; settlement conf set for 3:00 5/24/99 in 1:92−cv−00870, in 1:96−cv−00343 (cc: all counsel) ; entry date : 5/6/99 (former empl) (Entered: 05/06/1999)	May 5, 1999	May 5, 1999
	MINUTE ORDER : by Magistrate Judge O. E. Schlatter ; settlement conf set for 1:30 6/10/99 in 1:92−cv−00870, in 1:96−cv−00343 (cc: all counsel) ; entry date : 5/25/99 (former empl) (Entered: 05/25/1999)	May 24, 1999	May 24, 1999
	MEMORANDUM by Magistrate Judge O. E. Schlatter ; settlement conf held 6/10/99 (former empl) (Entered: 06/11/1999)	June 10, 1999	June 10, 1999
	MINUTE ORDER : by Magistrate Judge O. E. Schlatter ; settlement conf set for 3:00 7/7/99 in 1:92−cv−00870, in 1:96−cv−00343 (cc: all counsel) ; entry date : 6/11/99 (former empl) (Entered: 06/11/1999)	June 10, 1999	June 10, 1999
	MINUTE ORDER : by Magistrate Judge O. E. Schlatter ; settlement conf set for 1:30 7/13/99 in 1:92−cv−00870, in 1:96−cv−00343 (cc: all counsel) ; entry date : 6/18/99 (former empl) (Entered: 06/18/1999)	June 17, 1999	June 17, 1999
	MOTION by plaintiffs in 1:92−cv−00870, 1:96−cv−00343 to reschedule stlmt conf (former empl) (Entered: 06/24/1999)	June 23, 1999	June 23, 1999
	MEMORANDUM by Judge Edward W. Nottingham referring to Magistrate Judge O. E. Schlatter the motion to reschedule stlmt conf [180−1] in 1:92−cv−00870, 1:96−cv−00343 (former empl) (Entered: 06/28/1999)	June 23, 1999	June 23, 1999
	MINUTE ORDER : by Magistrate Judge O. E. Schlatter granting motion to reschedule stlmt conf [180−1] in 1:92−cv−00870, 1:96−cv−00343 ; settlement conf set for 3:00 7/1/99 in 1:92−cv−00870, in 1:96−cv−00343 (cc: all counsel) ; entry date : 6/29/99 (former empl) (Entered: 06/29/1999)	June 28, 1999	June 28, 1999
	MOTION by Michael N. Milligan for order to be excluded from pla class (former empl) (Entered: 07/20/1999)	July 19, 1999	July 19, 1999
	MINUTE ORDER : by Magistrate Judge O. E. Schlatter ; telephone status conf set for 8:30 8/26/99 in 1:92−cv−00870, in 1:96−cv−00343 (cc: all counsel) ; entry date : 8/19/99 (former empl) (Entered: 08/19/1999)	Aug. 18, 1999	Aug. 18, 1999
	MINUTE ORDER : by Magistrate Judge O. E. Schlatter ; Scheduling (status) conf set for 9:00 9/20/99 in 1:92−cv−00870, in 1:96−cv−00343 (cc: all counsel) ; entry date : 8/27/99 (former empl) (Entered: 08/27/1999)	Aug. 26, 1999	Aug. 26, 1999
	MOTION by defendant DOC in 1:92−cv−00870, 1:96−cv−00343 to substitute attorney John Lizza for Daine Michaud and William Higgins (former empl) (Entered: 08/31/1999)	Aug. 30, 1999	Aug. 30, 1999
	5th Amended Stipulated SCHEDULING & Discovery ORDER Magistrate Judge O. E. Schlatter discovery cutoff 1/31/00; parties anticipate 2 week trial to court; dispo motion ddl 3/1/00 in 1:92−cv−00870, in 1:96−cv−00343 (cc: all counsel) (former empl) (Entered: 09/21/1999)	Sept. 20, 1999	Sept. 20, 1999
	MEMORANDUM by Magistrate Judge O. E. Schlatter ; status conf held 9/20/99 (former empl) (Entered: 09/21/1999)	Sept. 20, 1999	Sept. 20, 1999
	Joint MOTION by plaintiffs, defendants in 1:92−cv−00870 to extend time to 2/29/00 for discovery & to 1/30/00 to designate experts (former empl) (Entered: 12/08/1999)	Dec. 7, 1999	Dec. 7, 1999
	MEMORANDUM by Judge Edward W. Nottingham referring to Magistrate Judge O. E. Schlatter the motion to extend time to 2/29/00 for discovery & to 1/30/00 to designate experts [189−1] in 1:92−cv−00870, 1:96−cv−00343 (former empl) (Entered: 12/08/1999)	Dec. 7, 1999	Dec. 7, 1999
	ORDER by Magistrate Judge O. E. Schlatter granting motion to extend time for discovery & to designate experts [189−1] in 1:92−cv−00870 regarding [187−1] scheduling order in 1:92−cv−00870, 1:96−cv−00343; discovery ddl set 3/1/00 in 1:92−cv−00870, in 1:96−cv−00343; disp ddl set 4/1/00 in 1:92−cv−00870, in 1:96−cv−00343; pretrial conf remains set for 4/3/00 in 1:92−cv−00870, in 1:96−cv−00343 (cc: all counsel) ; entry date : 12/15/99 (former empl) (Entered: 12/15/1999)	Dec. 14, 1999	Dec. 14, 1999
	MEMORANDUM by Judge Edward W. Nottingham referring to Magistrate Judge O. E. Schlatter the motion for protective order [192−1] in 1:92−cv−00870, 1:96−cv−00343 (former empl) (Entered: 01/24/2000)	Jan. 20, 2000	Jan. 20, 2000
	2nd Joint MOTION by plaintiff, defendant in 1:92−cv−00870, 1:96−cv−00343 to extend time for discovery & designation of experts (former empl) (Entered: 01/25/2000)	Jan. 24, 2000	Jan. 24, 2000
	MEMORANDUM by Judge Edward W. Nottingham referring to Magistrate Judge O. E. Schlatter the motion to extend time for discovery & designation of experts [194−1] in 1:92−cv−00870, 1:96−cv−00343 (former empl) (Entered: 01/25/2000)	Jan. 24, 2000	Jan. 24, 2000

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Case Details

State / Territory:

Colorado

Case Type(s):

Prison Conditions

Disability Rights

Special Collection(s):

Deaf or Blind in Jail/Prison

Multi-LexSum (in sample)

Key Dates

Filing Date: May 5, 1992

Closing Date: May 15, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The case was brought forth by inmates, former inmates and representatives of inmates who filed complaints against the Colorado Department of Corrections.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Colorado Department of Corrections, State

Defendant Type(s):

Corrections