Case: T.D.P. v. Leavitt

2:93-cv-00545 | U.S. District Court for the District of Utah

Filed Date: June 10, 1993

Closed Date: March 13, 1996

Clearinghouse coding complete

Case Summary

In the early 1990's, the Utah Detention Study Committee conducted an investigation of the youth detention facilities throughout the state. Their resulting report assessed juvenile detention practices and recommended ways to improve them. The committee found that the number of youth at risk for delinquency in Utah was at an all-time high - approximately 290,000 youth from the ages of 10 through 17. They also found that overcrowding was a problem in a number of Utah's detention centers. The Sal…

In the early 1990's, the Utah Detention Study Committee conducted an investigation of the youth detention facilities throughout the state. Their resulting report assessed juvenile detention practices and recommended ways to improve them. The committee found that the number of youth at risk for delinquency in Utah was at an all-time high - approximately 290,000 youth from the ages of 10 through 17. They also found that overcrowding was a problem in a number of Utah's detention centers. The Salt Lake Detention Center and the Moweda Youth Home accounted for 58 percent of all detention admissions statewide. Overcrowding occurred in the Salt Lake Detention Center 98 percent of all nights and the Moweda Youth Home 51 percent of all nights during fiscal year 1993. Ethnic minorities were overrepresented in juvenile detention admissions. Hispanics accounted for 4.3 percent of Utah's school age population and 16.3 percent of all admissions to detention in fiscal year 1993. Youth of color accounted for 8.2 percent of all youth in Utah and 27.5 percent of statewide detention admissions. Youth of color stayed in detention longer than white juveniles. Ethnic minority staff were underrepresented in juvenile detention centers and did not reflect the ethnic characteristics of the population they served. The committee recommended changes such as alternatives to detention; constructions of additional secure beds; the development of juvenile receiving centers; statutory provisions; and ethnic minority youth detention staff, probation officers, and juvenile court judges. Other recommendations pertained to rural issues; statewide detention admission guidelines; youth corrections mission statement, policies, and procedures; and community/neighborhood based prevention programs.

As a result of the report, on June 10, 1993, a group of youth who were being detained in Utah filed a class action lawsuit against the state in the U.S. District Court for the District of Utah. We have only the docket in this case, so we do not know the specifics of the complaint, but the docket indicates that it was a result of the findings of the study committee. On September 19, 1994, the district court granted a stipulated motion to certify the plaintiff class. A week later, the case was referred to a magistrate judge.

On March 13, 1996, the parties entered into a settlement agreement, and the court dismissed the case. We have no further information on the proceedings in this case.

Summary Authors

Kristen Sagar (10/28/2008)

People

Judge(s)
Attorney for Plaintiff

Anderson, Jensie L. (Utah)

Barnard, Brian M. (Utah)

Jones, Linda M. (Utah)

Attorney for Defendant

Barlow, Craig L. (Utah)

Graham, Jan (Utah)

Documents in the Clearinghouse

2:93-cv-00545

Docket [PACER]

March 13, 1996

March 13, 1996

Docket

Docket

Last updated March 23, 2025, 9:16 a.m.

ECF Number Date Description Link
1 June 10, 1993

Complaint filed, assigned to Judge David Sam Receipt #: 53488 (ss) (Entered: 06/11/1993)

PACER
June 11, 1993

Case identified as part of the 1993 Time Study sample. Administrative reports will be made to the Federal Judicial Center of the judicial time spent on this case. (lsy) (Entered: 06/11/1993)

PACER
2 July 16, 1993

Answer to Complaint by Michael Leavitt, Michael Stewart, Gary Dalton, Patrick Lambert, George Kelner, Jeff McBride, William C. Nelson (Entered: 07/19/1993)

PACER
3 Nov. 17, 1993

Notice of Hearing filed : Status Report and Scheduling Conference set for 8:00 12/6/93 JUDGE: DS. cc: atty (ce) (Entered: 11/17/1993)

PACER
5 April 1, 1994

Minute entry:, Status Report and Scheduling Conference held , scheduling order deadlines: setting Discovery deadline on 12/30/94 Deadline for filing of all motions by 1/13/95 Attorney conference by <date not set> Final Pretrial Conference for 8:00 3/27/95 Bench Trial for 9:30 4/10/95 ; Mr. Barnard to prepare order. Judge: David Sam Court Reporter: none Court Deputy: Theresa Brown (tb) (Entered: 04/01/1994)

PACER
6 April 4, 1994

Order, re: motions in limine signed by DS 4/4/94 (Entered: 04/05/1994)

PACER
7 April 11, 1994

Scheduling order Setting Deadline for filing of all motions 1/13/95 Deadline for Hearing of all Motions 3/1/95 Discovery cutoff 12/30/94 Final Pretrial Conference for 8:00 3/27/95 Bench Trial for 9:30 4/10/95 DS 4/11/94 cc:attys (mp) (Entered: 04/12/1994)

PACER
8 Aug. 25, 1994

Stipulation by T.D.P., Michael Leavitt, Michael Stewart, Gary Dalton, Patrick Lambert, George Kelner, Jeff McBride, William C. Nelson Stip to certify class action (mjm) (Entered: 08/26/1994)

PACER
Aug. 25, 1994

Proposed order from T.D.P. re: proposed pla class may be certified as a class pusuant to the provisions Rule 23 (mjm) (Entered: 08/26/1994)

PACER
9 Aug. 29, 1994

Motion by T.D.P. for Brian M. Barnard, John Pace and Joro Walker of the UT Legal Clinic to withdraw as attorney (mjm) (Entered: 08/29/1994)

PACER
10 Sept. 2, 1994

Stipulation by T.D.P., Michael Leavitt STip to certify class action (mjm) (Entered: 09/06/1994)

PACER
11 Sept. 19, 1994

Order granting [8−1] stipulation motion Stip to certify class action, granting [10−1] stipulation motion STip to certify class action signed by DS 9/16/94; cc:attys (Entered: 09/19/1994)

PACER
12 Sept. 22, 1994

Motion by T.D.P. to compel prod/docs (mjm) (Entered: 09/23/1994)

PACER
13 Sept. 22, 1994

Memorandum by T.D.P. in support of [12−1] motion to compel prod/docs (mjm) (Entered: 09/23/1994)

PACER
14 Sept. 26, 1994

Order of Reference referring case to Mag Judge pursuant to Rule 28 USC 636 (b)(1)(B) to decide any non−dispositive motions and to submit an R &R re: any dispositive motions signed by DS 9/23/94 cc:attys (mjm) (Entered: 09/26/1994)

PACER
15 Sept. 28, 1994

Case referred to Judge Ronald N. Boyce (mjm) (Entered: 09/28/1994)

PACER
16 Oct. 3, 1994

Order denying [12−1] motion to compel prod/docs w/o prejudice to pla's making a proper motion showing the docs sought to be produces signed by RNB, 10/3/94 cc:attys (mjm) (Entered: 10/04/1994)

PACER
17 Oct. 5, 1994

Motion by T.D.P. for order to compel production of docs (mjm) (Entered: 10/06/1994)

PACER
18 Oct. 5, 1994

Memorandum by T.D.P. in support of [17−1] motion for order to compel production of docs (mjm) (Entered: 10/06/1994)

PACER
19 Oct. 7, 1994

Motion by T.D.P. for Brian M. Barnard, John Pace and Joro Walker of the Utah Legal Clinic to withdraw as attorney. Pla shall continue to be rep by cnsl from the American Civil Liberties Union (mjm) (Entered: 10/11/1994)

PACER
20 Oct. 14, 1994

Motion by T.D.P. for Kathryn D. Kendell to withdraw as attorney, Pla's shall be hereafter rep by cnsl Linda Jones (mjm) (Entered: 10/17/1994)

PACER
21 Oct. 20, 1994

Notice of Hearing filed : Motion hearing set for 10:30 11/4/94 Room 477 for [17−1] motion for order to compel production of docs JUDGE: RNB (mjm) (Entered: 10/21/1994)

PACER
22 Nov. 4, 1994

Certificate of service by Michael Leavitt, Michael Stewart, Gary Dalton, Patrick Lambert, George Kelner, Jeff McBride, William C. Nelson re: Resp to Pla's req for prod/docs (mjm) (Entered: 11/04/1994)

PACER
24 Dec. 1, 1994

Certificate of service by T.D.P. re pla's first set interrog; second req/prod of doc; first set req/admiss (ce) (Entered: 12/02/1994)

PACER
25 Dec. 29, 1994

Certificate of service by Michael Leavitt, Michael Stewart, Gary Dalton, Patrick Lambert, George Kelner, Jeff McBride, William C. Nelson re: Dfts resp to pla's 1st set of req for admissions (mjm) (Entered: 12/29/1994)

PACER
26 Dec. 30, 1994

Joint motion by T.D.P., Michael Leavitt, Michael Stewart, Gary Dalton, Patrick Lambert, George Kelner, Jeff McBride, William C. Nelson to extend time for disc cut−off &dispositive motion date (ce) (Entered: 12/30/1994)

PACER
27 Dec. 30, 1994

Stipulation by T.D.P., Michael Leavitt, Michael Stewart, Gary Dalton, Patrick Lambert, George Kelner, Jeff McBride, William C. Nelson stip to extend time re disc &motion filing cut−off dates (ce) (Entered: 12/30/1994)

PACER
28 Dec. 30, 1994

Memorandum by Michael Leavitt, Michael Stewart, Gary Dalton, Patrick Lambert, George Kelner, Jeff McBride, William C. Nelson in support of [27−1] stipulation motion stip to extend time re disc &motion filing cut−off dates, [26−1] joint motion to extend time for disc cut−off &dispositive motion date (ce) (Entered: 12/30/1994)

PACER
29 Dec. 30, 1994

Order granting [27−1] stipulation motion stip to extend time re disc &motion filing cut−off dates, granting [26−1] joint motion to extend time for disc cut−off &dispositive motion date, discovery due set for 1/31/95 , motion filing deadline set for 2/15/95 signed by RNB, 12/29/94. cc: atty (ce) (Entered: 12/30/1994)

PACER
30 Jan. 12, 1995

Notice of attorney appearance for E.M.S., S.C.B. by Jensie L. Anderson (mjm) (Entered: 01/13/1995)

PACER
31 Jan. 24, 1995

Stipulation by T.D.P., Michael Leavitt, Michael Stewart, Gary Dalton, Patrick Lambert, George Kelner, Jeff McBride, William C. Nelson, E.M.S., S.C.B. Stip to extend time for discovery to 5/15/95; dispositive motions to 5/31/95; pre−trial conf to 8/2/95; trial to 8/21/95; (mjm) (Entered: 01/25/1995)

PACER
Jan. 24, 1995

Proposed order from E.M.S., S.C.B. re: new sched order ddls (mjm) (Entered: 01/25/1995)

PACER
32 Jan. 31, 1995

Order granting [31−1] stipulation motion Stip to extend time for discovery to 5/15/95; dispositive motions to 5/31/95; pre−trial conf to 8/2/95; trial to 8/21/95;, discovery due set for 5/15/95 , motion filing deadline set for 5/31/95 , Pretrial Conference , Pretrial Conference , Jury trial set for 8/21/95 signed by DS, 1/30/95 cc:attys (mjm) (Entered: 01/31/1995)

PACER
33 Feb. 2, 1995

Notice of filing by T.D.P. atty, John Pace that he and atty Brian M. Barnard are no longer rep pla in this matter. (mjm) (Entered: 02/03/1995)

PACER
34 Feb. 17, 1995

Motion by T.D.P., E.M.S., S.C.B. for Brian M. Barnard, John Pace, Joro Walker to withdraw as attorney for plas (ce) (Entered: 02/21/1995)

PACER
Feb. 17, 1995

Proposed order from T.D.P., E.M.S., S.C.B. re: leave to withdraw as cnsl for plas (ce) (Entered: 02/21/1995)

PACER
35 Feb. 28, 1995

Order granting [34−1] motion for Brian M. Barnard, John Pace, Joro Walker to withdraw as attorney for plas (Terminated signed by DS (ss) (Entered: 02/28/1995)

PACER
36 March 20, 1995

Notice by E.M.S., S.C.B. to take deposition of Patrick Lambert, 4/11/95 and Anne Nelson, 4/13/95 (ce) (Entered: 03/20/1995)

PACER
37 March 29, 1995

Certificate of service by T.D.P., E.M.S., S.C.B. re: Pla's resp to dfts interrogs (mjm) (Entered: 03/30/1995)

PACER
38 April 7, 1995

Certificate of service by Michael Leavitt, Michael Stewart, Gary Dalton, Patrick Lambert, George Kelner, Jeff McBride, William C. Nelson re: Dfts' ans to pla's 1st set of interrogs (mjm) (Entered: 04/07/1995)

PACER
May 16, 1995

Proposed order from T.D.P., E.M.S., S.C.B. re: Ext of time for discovery &dispositive motions deadlines (mjm) (Entered: 05/16/1995)

PACER
40 May 17, 1995

Order granting [39−1] stipulation motion to extend discovery deadline to 6/15/95, time for filing of dispositive motions to 6/30/95 ptrl conf and trial will remain the same signed by RNB, 5/16/95 cc:attys (mjm) (Entered: 05/18/1995)

PACER
41 May 17, 1995

Notice by Michael Leavitt, Michael Stewart, Gary Dalton, Patrick Lambert, George Kelner, Jeff McBride, William C. Nelson to take deposition of John Stettler (mjm) (Entered: 05/18/1995)

PACER
42 June 16, 1995

Notice by Michael Leavitt, Michael Stewart, Gary Dalton, Patrick Lambert, George Kelner, Jeff McBride, William C. Nelson to take deposition of Paul DeMuro (mjm) (Entered: 06/16/1995)

PACER
43 June 26, 1995

Notice by T.D.P., E.M.S., S.C.B. to take deposition of Charles Kehoe (mjm) (Entered: 06/27/1995)

PACER
44 June 26, 1995

Notice by T.D.P., E.M.S., S.C.B. to take deposition of Joseph R. Rowan (mjm) (Entered: 06/27/1995)

PACER
Aug. 11, 1995

Certificate of delivering deposition of Paul DeMuro taken 5/18/95 to Craig Barlow on 7/14/95 by court reporter: Lisa Gilino (mjm) (Entered: 08/14/1995)

PACER
45 Nov. 7, 1995

Motion by E.M.S., S.C.B. for scheduling conference and trial date (mjm) (Entered: 11/08/1995)

PACER
46 Nov. 15, 1995

Notice of Hearing filed : scheduling conference set for 9:00 11/30/95 JUDGE: DS. cc: atty (ce) (Entered: 11/15/1995)

PACER
47 Nov. 30, 1995

Minute entry:, scheduling order deadlines: setting Final Pretrial Conference for 8:00 4/8/96 five day Bench Trial for 9:30 4/15/06 ; Judge: DS Court Reporter: None Court Deputy: LaRene Christensen (Entered: 11/30/1995)

PACER
48 March 13, 1996

Motion by T.D.P., E.M.S., S.C.B. to dismiss w/prej, a settlement agreement has been reached (mjm) (Entered: 03/13/1996)

PACER
49 March 13, 1996

Order, for settlement agreement. The agreement is adopted pla's case against dfts is dismissed w/prej, w/dfts to pay the costs as stated in the Agreement in the amt of $7,000 within 60 days of this order. Ptys will pay their own atty fees. signed by DS, 3/13/96 cc:attys (mjm) (Entered: 03/13/1996)

PACER
50 March 13, 1996

Notice of settlement filed by Michael Leavitt, Michael Stewart, Gary Dalton, Patrick Lambert, George Kelner, Jeff McBride, William C. Nelson. (See Agreement in file for specifics) (mjm) (Entered: 03/13/1996)

PACER
51 March 13, 1996

Minute entry:, In chambers, discussion held. Cnsls report stip motion to dismiss &that settlement agreement had been reached. Gary Dalton, Director, Youth Corrections sworn &questioned. Crt grants stip &executes order of dismissal. ; Judge: DS Court Reporter: Becky Janke Court Deputy: Michael R. Weiler Modified on 03/19/1996 (Entered: 03/18/1996)

PACER
March 13, 1996

Case closed (mjm) (Entered: 03/13/1996)

PACER
March 13, 1996

CASE NO LONGER REFERRED TO Judge Ronald N. Boyce (mjm) (Entered: 03/13/1996)

PACER

Case Details

State / Territory:

Utah

Case Type(s):

Juvenile Institution

Key Dates

Filing Date: June 10, 1993

Closing Date: March 13, 1996

Case Ongoing: No

Plaintiffs

Plaintiff Description:

youths detained in Utah youth detention facilities

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State

State of Utah

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Other Dockets:

District of Utah 2:93-cv-00545

Available Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Recommended Citation