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)

Sam, David (Utah)

Attorneys(s) for Plaintiff

Anderson, Jensie L. (Utah)

Barnard, Brian M. (Utah)

Jones, Linda M. (Utah)

Kendell, Kathryn D. (California)

Pace, John P. (Utah)

Attorneys(s) for Defendant

Barlow, Craig L. (Utah)

Graham, Jan (Utah)

Luinstra-Baldwin, Linda (Utah)

Verdoia, Carol (Utah)

Judge(s)

Sam, David (Utah)

Attorneys(s) for Plaintiff

Anderson, Jensie L. (Utah)

Barnard, Brian M. (Utah)

Jones, Linda M. (Utah)

Kendell, Kathryn D. (California)

Pace, John P. (Utah)

Attorneys(s) for Defendant

Barlow, Craig L. (Utah)

Graham, Jan (Utah)

Luinstra-Baldwin, Linda (Utah)

Verdoia, Carol (Utah)

Documents in the Clearinghouse

Document

Docket [PACER]

March 13, 1996 Docket

Docket

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

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

June 10, 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)

June 11, 1993
2

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

July 16, 1993
3

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)

Nov. 17, 1993
5

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)

April 1, 1994
6

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

April 4, 1994
7

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)

April 11, 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)

Aug. 25, 1994
8

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)

Aug. 25, 1994
9

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)

Aug. 29, 1994
10

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

Sept. 2, 1994
11

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)

Sept. 19, 1994
12

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

Sept. 22, 1994
13

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

Sept. 22, 1994
14

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)

Sept. 26, 1994
15

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

Sept. 28, 1994
16

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)

Oct. 3, 1994
17

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

Oct. 5, 1994
18

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

Oct. 5, 1994
19

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)

Oct. 7, 1994
20

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)

Oct. 14, 1994
21

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)

Oct. 20, 1994
22

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)

Nov. 4, 1994
24

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)

Dec. 1, 1994
25

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)

Dec. 29, 1994
26

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)

Dec. 30, 1994
27

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)

Dec. 30, 1994
28

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)

Dec. 30, 1994
29

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)

Dec. 30, 1994
30

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

Jan. 12, 1995

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

Jan. 24, 1995
31

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)

Jan. 24, 1995
32

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)

Jan. 31, 1995
33

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)

Feb. 2, 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)

Feb. 17, 1995
34

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)

Feb. 17, 1995
35

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)

Feb. 28, 1995
36

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)

March 20, 1995
37

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)

March 29, 1995
38

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)

April 7, 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)

May 16, 1995
40

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)

May 17, 1995
41

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)

May 17, 1995
42

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)

June 16, 1995
43

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

June 26, 1995
44

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

June 26, 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)

Aug. 11, 1995
45

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

Nov. 7, 1995
46

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

Nov. 15, 1995
47

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)

Nov. 30, 1995
48

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)

March 13, 1996
49

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)

March 13, 1996
50

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)

March 13, 1996

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

March 13, 1996

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

March 13, 1996
51

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)

March 13, 1996

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 of Utah, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Availably Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Order Duration: 1996 - None

Issues

Type of Facility:

Government-run