Case: Martinez v. Maketa

1:10-cv-02242 | U.S. District Court for the District of Colorado

Filed Date: Sept. 14, 2010

Closed Date: 2011

Clearinghouse coding complete

Case Summary

On September 14, 2010, prisoners of the El Paso County Jail filed a class action lawsuit in the U.S. District Court for the District of Colorado under 42 U.S.C. § 1983 against the El Paso County Sheriff. The plaintiffs, represented by the American Civil Liberties Union National Prison Project, asked the court for declaratory and injunctive relief, claiming the Jail's mail policy violated the free speech rights of inmates. Specifically, the plaintiffs challenged the Jail's new policy which limit…

On September 14, 2010, prisoners of the El Paso County Jail filed a class action lawsuit in the U.S. District Court for the District of Colorado under 42 U.S.C. § 1983 against the El Paso County Sheriff. The plaintiffs, represented by the American Civil Liberties Union National Prison Project, asked the court for declaratory and injunctive relief, claiming the Jail's mail policy violated the free speech rights of inmates. Specifically, the plaintiffs challenged the Jail's new policy which limited the vast majority of outgoing prisoner correspondence to postcards. Under the challenged policy, prisoners' outgoing correspondence is restricted to small 4 x 6 inch postcards supplied by the jail. This new policy severely restricts prisoners' ability to communicate with persons outside the jail, in violation of their rights under the First and Fourteenth Amendments and the Colorado Constitution.

On the same day of the filing of the complaint, the plaintiffs filed a motion to certify class and appoint class counsel. On November 10, 2010, the plaintiffs filed a motion for a preliminary injunction and a hearing on that motion was set for December 22, 2010. However, on December 16, 2010, the defendant rescinded its postcard-only policy. The next day, the parties filed a joint motion to enter a stipulated preliminary injunction and for further relief. On December 20, 2010, Chief Judge Wiley Y. Daniel granted the joint motion for the preliminary injunction that enjoined the defendant from enforcing the postcard-only policy or any other policy that limits prisoners outgoing mail to postcards.

On February 1, 2011, the parties filed a joint motion to hold case in abeyance pending finalization of settlement. That document outlined the terms of the resolution to which the parties had agreed. Magistrate Judge Kristen L. Mix granted the joint motion. On March 28, 2011, the plaintiffs filed an unopposed motion for attorneys' fees requesting the court award $60,000 in attorneys' fees and costs. On that same day, the parties filed a joint motion to approve resolution of class action and grant the plaintiffs' motion for attorneys' fees and costs. .

On March 31, 2011, Judge Wiley granted the plaintiffs' motion to certify class and set the fairness hearing for May 25, 2011, but deferred the plaintiffs' motion for attorneys' fees and costs.

After the fairness hearing, on June 7, 2011, Judge Wiley approved the resolution and permanently enjoined the defendants from enforcing the postcard-only policy or any other policy that limits prisoners' outgoing mail to postcards. Judge Wiley also awarded the plaintiffs $60,000 in attorneys' fees and costs. Accordingly, Judge Wiley dismissed the case. Martinez v. Maketa, 2011 WL 2222129 (D. Colo. June 7, 2011).

Summary Authors

Xin Chen (5/17/2011)

Jessica Kincaid (7/15/2014)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5110579/parties/martinez-v-maketa/


Judge(s)

Daniel, Wiley Young (Colorado)

Mix, Kristen L. (Colorado)

Attorneys(s) for Plaintiff

Fathi, David Cyrus (District of Columbia)

Silverstein, Mark (Colorado)

Wallace, Rebecca Teitelbaum (Colorado)

Attorneys(s) for Defendant

Folsom, Amy R. (Colorado)

Greenlee, Charles Clark (Colorado)

Judge(s)

Daniel, Wiley Young (Colorado)

Mix, Kristen L. (Colorado)

Attorneys(s) for Plaintiff

Fathi, David Cyrus (District of Columbia)

Silverstein, Mark (Colorado)

Wallace, Rebecca Teitelbaum (Colorado)

Attorneys(s) for Defendant

Folsom, Amy R. (Colorado)

Greenlee, Charles Clark (Colorado)

Documents in the Clearinghouse

Document

1:10-cv-02242

Docket

June 8, 2011

June 8, 2011

Docket
2

1:10-cv-02242

Plaintiff's Motion to Certify Class and Appoint Class Counsel

Sept. 14, 2010

Sept. 14, 2010

Pleading / Motion / Brief
1

1:10-cv-02242

Class Action Complaint for Injunctive and Declaratory Relief

Sept. 14, 2010

Sept. 14, 2010

Complaint
19

1:10-cv-02242

Plaintiff's Motion for Preliminary Injunction

Nov. 10, 2010

Nov. 10, 2010

Pleading / Motion / Brief
25

1:10-cv-02242

Protective Order

U. S. Court of Appeals for the Tenth Circuit

Nov. 22, 2010

Nov. 22, 2010

Order/Opinion

1:10-cv-02242

Revision of Personal Outgoing Inmate Mail Procedures

Dec. 16, 2010

Dec. 16, 2010

Internal memorandum
37

1:10-cv-02242

Stipulated Order Granting Preliminary Injunction

Dec. 20, 2010

Dec. 20, 2010

Order/Opinion
55

1:10-cv-02242

Joint Motion to Approve Resolution of Class Action

March 28, 2011

March 28, 2011

Settlement Agreement
56

1:10-cv-02242

Order

March 31, 2011

March 31, 2011

Order/Opinion
58

1:10-cv-02242

Order

2011 WL 2222129

June 7, 2011

June 7, 2011

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5110579/martinez-v-maketa/

Last updated Aug. 2, 2022, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

Class Action COMPLAINT for Injunctive and Declaratory Relief against Terry Maketa (Filing fee $ 350, Receipt Number 31267) Summons Issued, filed by Damian Gradeless, Robert Rumpf, Thomas Trujillo, Gary Harrison, Michael Jason Martinez, Amber Hugenot, Elizabeth Fritz. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet, # 3 Receipt)(lyg, ) (Entered: 09/15/2010)

Sept. 14, 2010

Sept. 14, 2010

7

ORDER Scheduling Conference set for 11/29/2010 10:30 AM in Courtroom C204 before Magistrate Judge Kristen L. Mix. by Magistrate Judge Kristen L. Mix on 9/24/2010. (Attachments: # 1 Attachment 1, # 2 Attachment 2, # 3 Attachment 3)(erv, )

1 Attachment 1

View on PACER

2 Attachment 2

View on PACER

3 Attachment 3

View on PACER

Sept. 24, 2010

Sept. 24, 2010

RECAP
2

MOTION to Certify Class and Appoint Class Counsel, by Plaintiffs Elizabeth Fritz, Damian Gradeless, Gary Harrison, Amber Hugenot, Michael Jason Martinez, Robert Rumpf, and Thomas Trujillo. (lyg, ) (Entered: 09/15/2010)

Sept. 14, 2010

Sept. 14, 2010

24

MINUTE ORDER; 22 Plaintiff's Unopposed Motion for Entry of Protective Order is GRANTED. It is further ORDERED that the Protective Order [22-1] supplied by the parties is accepted for filing and entered as an Order of the Court, with interlineations, as of today's date, by Magistrate Judge Kristen L. Mix on 11/22/2010.(klmcd ) (Modified on 11/23/2010 corrected typing error)(erv, ).

Nov. 22, 2010

Nov. 22, 2010

RECAP
25

PROTECTIVE ORDER, by Magistrate Judge Kristen L. Mix on 11/22/2010. (klmcd )

Nov. 22, 2010

Nov. 22, 2010

RECAP
3

MEMORANDUM RETURNING CASE for reassignment by Senior District Judge Babcock. (sah, ) (Entered: 09/17/2010)

Sept. 17, 2010

Sept. 17, 2010

4

LETTER REASSIGNING CASE. Case reassigned to Chief Judge Wiley Y. Daniel for all further proceedings. Judge Lewis T. Babcock no longer assigned to the case. (sah, ) (Entered: 09/17/2010)

Sept. 17, 2010

Sept. 17, 2010

27

MINUTE ORDER granting 26 Motion for Leave entered by Chief Judge Wiley Y. Daniel on 11/23/10. (wydcd, rrk)

Nov. 23, 2010

Nov. 23, 2010

RECAP
37

ORDER Granting 36 Plaintiffs and Defendants Joint Motion to Enter Stipulated Preliminary Injunction and for Further Relief ; Denying as moot 19 Plaintiff's Motion for Preliminary Injunction. The hearing on the Motion for Preliminary Injunction set for Wednesday, December 22, 2010, at 9:00 a.m. is VACATED. by Chief Judge Wiley Y. Daniel on 12/20/2010.(ervsl, )

Dec. 20, 2010

Dec. 20, 2010

RECAP
5

SUMMONS Returned Executed by All Plaintiffs. Terry Maketa served on 9/15/2010, answer due 10/6/2010. (Silverstein, Mark) (Entered: 09/21/2010)

Sept. 21, 2010

Sept. 21, 2010

38

ORDER granting 20 Unopposed Motion for Leave to Intervene and to Join in Motion for Preliminary Injunction. The Court accepts Plaintiff-Intervenor's Intervention Complaint for filing as of the date of this Order. The case caption shall hereafter be amended to add Plaintiff-Intervenor Callie Gonzales as a party, by Chief Judge Wiley Y. Daniel on 12/20/10.(mnf, )

Dec. 20, 2010

Dec. 20, 2010

RECAP
6

ORDER REFERRING CASE to Magistrate Judge Kristen L. Mix by Chief Judge Wiley Y. Daniel on 9/23/10. (wydcd, rrk) (Entered: 09/23/2010)

Sept. 23, 2010

Sept. 23, 2010

45

MINUTE ORDER granting 43 Joint Motion to Hold Case in Abeyance Pending Finalization of Settlement. Dismissal Paper due by 2/28/2011. by Magistrate Judge Kristen L. Mix on 2/7/2011.(erv, )

Feb. 7, 2011

Feb. 7, 2011

RECAP
56

ORDER. Ordered that the Joint Motion to Approve Resolution of Class Action 55 is GRANTED IN PART AND DEFERRED IN PART as set forth in this Order. Order granting 2 Motion to Certify Class. ORDERED that the proposed notice pursuant to Rule 23(e) to class members of the proposed resolution of the case attached to the Joint Motion to is APPROVED and is attached hereto. ORDERED that a hearing is set for Wednesday, 05/25/11, at 3:00 p.m., to determine whether the resolution is fair, adequate and reasonable pursuant to Fed. R. Civ. P. 23(e). ORDERED that Plaintiffs Unopposed Motion for Attorneys Fees 54 is DEFERRED until the hearing by Chief Judge Wiley Y. Daniel on 03/31/11.(jjhsl, )

March 31, 2011

March 31, 2011

RECAP
9

NOTICE of Entry of Appearance by Charles Clark Greenlee on behalf of Terry Maketa (Greenlee, Charles) (Entered: 09/29/2010)

Sept. 29, 2010

Sept. 29, 2010

10

Defendant's ANSWER to 1 Complaint, by Terry Maketa. (Attachments: # 1 Exhibit A−1, Sheriff's Office Directive, # 2 Exhibit A−2,Detention Bureau Standard Operating Procedure excerpt, # 3 Exhibit A−3, Sheriff's Office Form DB219, # 4 Exhibit A−4, Inmate Handbook excerpt)(Folsom, Amy) (Entered: 10/06/2010)

Oct. 6, 2010

Oct. 6, 2010

57

Minute Entry for Motion Hearing proceedings held on 5/25/2011 before Chief Judge Wiley Y. Daniel. Granting 54 Motion for Attorney Fees. Granting 55 Motion for Order. Mr. Silverstein shall submit a proposed form of order not later than Friday, May 27, 2011. (Court Reporter: Therese Lindblom) (wydcd, rrk)

May 25, 2011

May 25, 2011

RECAP
11

OBJECTIONS to Plaintiffs' Motion to Certify Class and Appoint Class Counsel by Defendant Terry Maketa. (Attachments: # 1 Exhibit A−1, Sheriff's Office Form DB219, # 2 Exhibit A−2, Affidavit of Bureau Chief Paula Presley)(Folsom, Amy) (Entered: 10/06/2010)

Oct. 6, 2010

Oct. 6, 2010

12

Docket Annotation re: 11 Objections, To be Refiled as a Response to a Motion or a Brief in Opposition. TEXT ONLY ENTRY − NO DOCUMENT ATTACHED (erv2, ) (Entered: 10/07/2010)

Oct. 7, 2010

Oct. 7, 2010

13

RESPONSE to 2 MOTION to Certify Class filed by Defendant Terry Maketa. (Attachments: # 1 Exhibit A−1, Sheriff's Office Form DB219, # 2 Exhibit A−2, Affidavit of Bureau Chief Paula Presley)(Folsom, Amy) (Entered: 10/07/2010)

Oct. 7, 2010

Oct. 7, 2010

14

Unopposed MOTION for Extension of Time to File Response/Reply as to 2 MOTION to Certify Class by Plaintiffs Elizabeth Fritz, Damian Gradeless, Gary Harrison, Amber Hugenot, Michael Jason Martinez, Robert Rumpf, Thomas Trujillo. (Attachments: # 1 Proposed Order (PDF Only))(Wallace, Rebecca) (Entered: 10/21/2010)

Oct. 21, 2010

Oct. 21, 2010

15

MINUTE ORDER granting 14 Plaintiffs' Unopposed Motion for Extension of Time to File Reply in Support of 2 Motion for Class Certification on or by Thursday, October 28, 2010. by Chief Judge Wiley Y. Daniel on 10/25/2010.(erv, ) (Modified on 10/27/2010 added link to Motion)(erv, ). (Entered: 10/26/2010)

Oct. 25, 2010

Oct. 25, 2010

16

REPLY to Response to 2 MOTION to Certify Class filed by Plaintiffs Elizabeth Fritz, Damian Gradeless, Gary Harrison, Amber Hugenot, Michael Jason Martinez, Robert Rumpf, Thomas Trujillo. (Attachments: # 1 Affidavit Declaration)(Silverstein, Mark) (Entered: 10/28/2010)

Oct. 28, 2010

Oct. 28, 2010

17

Proposed Scheduling Order by Plaintiffs Elizabeth Fritz, Damian Gradeless, Gary Harrison, Amber Hugenot, Michael Jason Martinez, Robert Rumpf, Thomas Trujillo. (Wallace, Rebecca) (Entered: 11/05/2010)

Nov. 5, 2010

Nov. 5, 2010

18

Unopposed MOTION to Intervene by Plaintiffs Elizabeth Fritz, Damian Gradeless, Gary Harrison, Amber Hugenot, Michael Jason Martinez, Robert Rumpf, Thomas Trujillo. (Attachments: # 1 Proposed Document)(Silverstein, Mark) (Entered: 11/10/2010)

Nov. 10, 2010

Nov. 10, 2010

19

MOTION for Preliminary Injunction by Plaintiffs Damian Gradeless, Amber Hugenot. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit)(Silverstein, Mark) (Entered: 11/10/2010)

Nov. 10, 2010

Nov. 10, 2010

20

Unopposed MOTION to Intervene by Callie Gonzales. (Attachments: # 1 Proposed Document, # 2 Proposed Order (PDF Only))(Silverstein, Mark) (Modified on 11/12/2010 corrected filer) (erv, ). (Entered: 11/10/2010)

Nov. 10, 2010

Nov. 10, 2010

21

ORDER Setting Hearing on 19 MOTION for Preliminary Injunction : Defendant shall file a response to the Motion for Preliminary Injunction by Wednesday, November 24, 2010. Plaintiffs may, if they wish, file a reply by Friday, December 10, 2010. Motion Hearing set for 12/22/2010 10:00 AM in Courtroom A1002 before Chief Judge Wiley Y. Daniel. by Chief Judge Wiley Y. Daniel on 11/12/2010. (erv, ) (Entered: 11/12/2010)

Nov. 12, 2010

Nov. 12, 2010

22

Joint MOTION for Protective Order by Plaintiffs Elizabeth Fritz, Damian Gradeless, Gary Harrison, Amber Hugenot, Michael Jason Martinez, Robert Rumpf. (Attachments: # 1 Proposed Order (PDF Only))(Wallace, Rebecca)

Nov. 19, 2010

Nov. 19, 2010

26

Unopposed MOTION for Leave to Present Remote Expert Testimony by Intervenor Callie Gonzales, Plaintiffs Damian Gradeless, Amber Hugenot. (Attachments: # 1 Proposed Order (PDF Only))(Wallace, Rebecca) (Entered: 11/23/2010)

Nov. 23, 2010

Nov. 23, 2010

28

RESPONSE to 19 MOTION for Preliminary Injunction filed by Defendant Terry Maketa. (Attachments: # 1 Exhibit El Paso County Jail Form DB 219, # 2 Exhibit Affidavit of Postal Technician Salary and Benefits, # 3 Exhibit Affidavit of Jail Programs Manager and Mail Supervisor, # 4 Exhibit Unpublished case law−−Murphy v. Mo. Dep't of Corrections)(Greenlee, Charles) (Entered: 11/24/2010)

Nov. 24, 2010

Nov. 24, 2010

29

Minute Entry for Scheduling Conference held before Magistrate Judge Kristen L. Mix on 11/29/2010; Upon agreement of counsel, the Court enters the Preliminary Scheduling Order set out in these minutes, for purposes of the Preliminary Injunction hearing set before Judge Wiley Y. Daniel, Chief District Judge, on December 22, 2010. The Scheduling Conference will be reset upon notice, after ruling on Plaintiff's Motion for Preliminary Injunction. (Court Reporter: FTR − Monique Wiles) (klmcd ) (Entered: 11/29/2010)

Nov. 29, 2010

Nov. 29, 2010

30

REPLY to Response to 19 MOTION for Preliminary Injunction filed by Plaintiffs Elizabeth Fritz, Damian Gradeless, Gary Harrison, Amber Hugenot, Michael Jason Martinez, Robert Rumpf, Thomas Trujillo. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Silverstein, Mark) (Entered: 12/10/2010)

Dec. 10, 2010

Dec. 10, 2010

31

Witness List by Defendant Terry Maketa. (Greenlee, Charles) (Entered: 12/15/2010)

Dec. 15, 2010

Dec. 15, 2010

32

MINUTE ORDER re: 19 MOTION for Preliminary Injunction filed by Amber Hugenot, Damian Gradeless. Due to the need for additional time in the hearing as estimated by counsel, Motion Hearing set for 12/22/2010 09:00 AM in Courtroom A1002 before Chief Judge Wiley Y. Daniel. Entered by Chief Judge Wiley Y. Daniel on 12/15/10. (wydcd, rrk) (Entered: 12/15/2010)

Dec. 15, 2010

Dec. 15, 2010

33

DECLARATION of Steve Martin by Intervenor Callie Gonzales, Plaintiffs Damian Gradeless, Amber Hugenot. (Attachments: # 1 Exhibit)(Silverstein, Mark) (Entered: 12/15/2010)

Dec. 15, 2010

Dec. 15, 2010

34

Witness List by Intervenor Callie Gonzales, Plaintiffs Damian Gradeless, Amber Hugenot. (Silverstein, Mark) (Entered: 12/15/2010)

Dec. 15, 2010

Dec. 15, 2010

35

Exhibit List by Intervenor Callie Gonzales, Plaintiffs Damian Gradeless, Amber Hugenot. (Silverstein, Mark) (Entered: 12/15/2010)

Dec. 15, 2010

Dec. 15, 2010

36

Joint MOTION for Preliminary Injunction , STIPULATED, AND FOR FURTHER RELIEF by Defendant Terry Maketa. (Attachments: # 1 Proposed Order (PDF Only) STIPULATED ORDER GRANTING PRELIMINARY INJUNCTION)(Greenlee, Charles) (Entered: 12/17/2010)

Dec. 17, 2010

Dec. 17, 2010

39

COMPLAINT in Intervention on Behalf of Callie Gonzales, filed by Callie Gonzales.(mnf, ) (Entered: 12/20/2010)

Dec. 20, 2010

Dec. 20, 2010

40

INTERVENOR COMPLAINT filed by Callie Gonzales.(erv, ) (Entered: 12/21/2010)

Dec. 20, 2010

Dec. 20, 2010

41

Docket Annotation re: 40 Intervenor Complaint, Duplicate entry, Docketing error. TEXT ONLY ENTRY − NO DOCUMENT ATTACHED (erv, ) (Entered: 12/21/2010)

Dec. 21, 2010

Dec. 21, 2010

42

DEFENDANT'S ANSWER to 39 Intervenor Complaint on Behalf of Callie Gonzales by Terry Maketa.(Greenlee, Charles) (Entered: 12/28/2010)

Dec. 28, 2010

Dec. 28, 2010

43

Joint MOTION to Stay Hold Case in Abeyance Pending Finalization of Settlement by Defendant Terry Maketa. (Greenlee, Charles) (Entered: 02/01/2011)

Feb. 1, 2011

Feb. 1, 2011

44

MEMORANDUM regarding 43 Joint MOTION to Stay Hold Case in Abeyance Pending Finalization of Settlement filed by Terry Maketa. Motions referred to Magistrate Judge Kristen L. Mix by Chief Judge Wiley Y. Daniel on 2/4/2011. TEXT ONLY ENTRY − NO DOCUMENT ATTACHED(erv2, ) (Entered: 02/04/2011)

Feb. 4, 2011

Feb. 4, 2011

46

Joint STATUS REPORT AND MOTION FOR EXTENSION OF TIME by Defendant Terry Maketa. (Greenlee, Charles) (Entered: 02/28/2011)

Feb. 28, 2011

Feb. 28, 2011

47

Docket Annotation re: 46 Status Report. Attorney notified to refile as a motion for an extension. TEXT ONLY ENTRY − NO DOCUMENT ATTACHED (jjh, ) (Entered: 03/01/2011)

March 1, 2011

March 1, 2011

48

Joint MOTION for Extension of Time to File Joint Stipulations Regarding Settlement by Defendant Terry Maketa. (Greenlee, Charles) (Entered: 03/01/2011)

March 1, 2011

March 1, 2011

49

MEMORANDUM regarding 48 Joint MOTION for Extension of Time to File Joint Stipulations Regarding Settlement filed by Terry Maketa. Motion referred to Magistrate Judge Kristen L. Mix by Chief Judge Wiley Y. Daniel on 3/2/11. TEXT ONLY ENTRY − NO DOCUMENT ATTACHED (wydcd, rrk) (Entered: 03/02/2011)

March 2, 2011

March 2, 2011

50

Minute ORDER granting 48 Motion for Extension of Time to File Joint Stipulations Regarding Settlement. ORDERED that all deadlines and proceedings in this case are stayed until 03/18/11. ORDERED that the deadline for the parties to file joint stipulations regarding settlement is extended to 03/18/11 by Magistrate Judge Kristen L. Mix on 03/02/11.(jjh, ) (Entered: 03/03/2011)

March 2, 2011

March 2, 2011

51

Joint MOTION for Extension of Time to File Joint Stipulations by Defendant Terry Maketa. (Greenlee, Charles) (Entered: 03/18/2011)

March 18, 2011

March 18, 2011

52

MEMORANDUM regarding 51 Joint MOTION for Extension of Time to File Joint Stipulations filed by Terry Maketa. Motion referred to Magistrate Judge Kristen L. Mix by Chief Judge Wiley Y. Daniel on 3/18/11. TEXT ONLY ENTRY − NO DOCUMENT ATTACHED (wydcd, rrk) (Entered: 03/18/2011)

March 18, 2011

March 18, 2011

54

Unopposed MOTION for Attorney Fees by Plaintiffs Elizabeth Fritz, Damian Gradeless, Gary Harrison, Amber Hugenot, Michael Jason Martinez, Robert Rumpf, Intervenor Plaintiff Callie Gonzales. (Attachments: # 1 Exhibit, # 2 Exhibit)(Silverstein, Mark) (Entered: 03/28/2011)

March 28, 2011

March 28, 2011

55

Joint MOTION for Order to Approve Resolution of Class Action by Plaintiffs Elizabeth Fritz, Damian Gradeless, Gary Harrison, Amber Hugenot, Michael Jason Martinez, Robert Rumpf, Thomas Trujillo, Intervenor Plaintiff Callie Gonzales. (Attachments: # 1 Exhibit, # 2 Joint StipulationsSupporting Resolution of Class Action)(Wallace, Rebecca) (Entered: 03/28/2011)

March 28, 2011

March 28, 2011

59

Final JUDGMENT. ORDERED that Defendant shall forthwith pay Plaintiffs an attorneys fee and costs award of $60,000.00. ORDERED that post−judgment interest shall accrue on the total amount of $60,000.00 at the legal rate of.18% per annum from the date of entry of judgment by Clerk on 06/08/11. (jjh, ) (Entered: 06/08/2011)

June 8, 2011

June 8, 2011

58

ORDER. ORDERED that the parties' Joint Motion to Approve Resolution of Class Action 55 is GRANTED. In accordance therewith, Defendant Terry Maketa, hissuccessors, officers, agents, servants, employees, and attorneys, and all others in active c oncern or participation with them, are PERMANENTLY ENJOINED from enforcing the postcard-only policy, or any other policy that limits prisoners' outgoing mail to postcards. ORDERED that Plaintiffs' Unopposed Motion for Attorneys' Fee [5 4] is GRANTED. In accordance therewith, Defendant is to forthwith pay Plaintiffs an attorneys' fee and costs award of $60,000. ORDERED that as all claims have been resolved, this case is DISMISSED by Chief Judge Wiley Y. Daniel on 06/07/11. (jjh, )

June 7, 2011

June 7, 2011

RECAP

Case Details

State / Territory: Colorado

Case Type(s):

Jail Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 14, 2010

Closing Date: 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Prisoners, on behalf of similarly-situated prisoners at the El Paso County Jail in Colorado Springs, Colorado, challenge the Jail’s policy restricting prisoners’ outgoing correspondence to 4 x 6 inch postcards supplied by the Jail.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National Prison Project

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

El Paso County Sheriff, County

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Equal Protection

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 60,000

Content of Injunction:

Preliminary relief granted

Issues

General:

Mail

Type of Facility:

Government-run