Case: Gamez v. Ryan

2:10-cv-02070 | U.S. District Court for the District of Arizona

Filed Date: Sept. 27, 2010

Closed Date: 2012

Clearinghouse coding complete

Case Summary

On September 27, 2010, an Arizona prisoner, Robert Gamez, brought this suit in the U.S. District Court of the District of Arizona against the Arizona Department of Corrections (ADOC), under 42 U.S.C. § 1983. The plaintiff, filing pro se, asked for both declaratory and injunctive relief, alleging that the ADOC violated his Fourteenth and Eighth Amendment rights by failing to provide adequate mental health services or sufficiently trained staff to deal with prisoners with mental health issues.The…

On September 27, 2010, an Arizona prisoner, Robert Gamez, brought this suit in the U.S. District Court of the District of Arizona against the Arizona Department of Corrections (ADOC), under 42 U.S.C. § 1983. The plaintiff, filing pro se, asked for both declaratory and injunctive relief, alleging that the ADOC violated his Fourteenth and Eighth Amendment rights by failing to provide adequate mental health services or sufficiently trained staff to deal with prisoners with mental health issues.

The District Court (Judge Frederick Martone) dismissed the original complaint with leave to amend for failure to state a claim upon which relief can be granted. Each of the first two amended complaints were also dismissed with leave to amend for the same reason.

On March 6, 2012, eighteen months after the original complaint was filed, Gamez filed a third amended complaint. The plaintiff, now represented by the ACLU National Prison Project, expanded the suit to include a class. New allegations included that the prison deprived prisoners of general health care, that prisoners did not receive adequate treatment even when they could receive care and that the defendants subjected prisoners in isolation to unconstitutional conditions.

However, in a ruling on March 21, 2012, Judge Martone dismissed the suit. He found that the sudden expansion of the case to include thirteen new plaintiffs and seeking class treatment was not "within the contemplation of the court" when it allowed for a third amended complaint. This, along with the 18-month complaint phase, led him to dismiss the case without prejudice.

On March 22, 2012, a team of lawyers from the ACLU, the Prison Law Office and private practice filed a lawsuit alleging similar claims against the ADOC. The case was filed as Parsons v. Ryan, with docket number CV12-0601-PHX-NVW. See related cases for more information.

Summary Authors

Jonathan Forman (7/7/2013)

Related Cases

Parsons v. Ryan, District of Arizona (2012)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4133206/parties/gamez-v-ryan/


Judge(s)

Aspey, Mark E. (Arizona)

Aspey (Dup), Mark E (Arizona)

Martone, Frederick J. (Arizona)

Sedwick, John W. (Alaska)

Attorneys(s) for Plaintiff

Ahlers, James A (Arizona)

Alewelt, Jennifer (Arizona)

Barr, Daniel C. (Arizona)

Du Mee, Matthew B (Arizona)

Eidenbach, Kristin T (Arizona)

Fathi, David Cyrus (District of Columbia)

Judge(s)

Aspey, Mark E. (Arizona)

Aspey (Dup), Mark E (Arizona)

Martone, Frederick J. (Arizona)

Sedwick, John W. (Alaska)

Attorneys(s) for Plaintiff

Ahlers, James A (Arizona)

Alewelt, Jennifer (Arizona)

Barr, Daniel C. (Arizona)

Du Mee, Matthew B (Arizona)

Eidenbach, Kristin T (Arizona)

Fathi, David Cyrus (District of Columbia)

Fettig, Amy (District of Columbia)

Gray, John H (Arizona)

Hardy, Alison (California)

Kendrick, Corene Thaedra (California)

Lyall, James Duff (Arizona)

Mitchell, Caroline N. (California)

Norman, Sara Linda (California)

Pochoda, Daniel Joseph (Arizona)

Ripke, Jill L (Arizona)

Roberts, Douglas (California)

Ryerson, Thomas D (Arizona)

Specter, Donald H. (California)

Szanto, Ruth (Arizona)

Documents in the Clearinghouse

Document

Docket

March 21, 2012 Docket
1

Civil Rights Complaint by a Prisoner

Sept. 27, 2010 Complaint
15

Order [Dismissing Complaint and Granting Motion to Proceed In Forma Pauperis]

Jan. 26, 2011 Order/Opinion
18

Civil Rights Complaint by a Prisoner [First Amended Complaint]

March 22, 2011 Complaint
28

Civil Rights Complaint by a Prisoner [Second Amended Complaint]

July 28, 2011 Complaint
30

Order [Dismissing Second Amended Complaint]

Feb. 29, 2012 Order/Opinion
31

Third Amended Class Action Complaint for Injunctive and Declartatory Relief

March 6, 2012 Complaint
42

Order [Reassigning Case]

March 7, 2012 Order/Opinion
51

Order [Dismissing Case]

March 21, 2012 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4133206/gamez-v-ryan/

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

ECF Number Description Date Link
1

AMENDED by #18 - PRISONER CIVIL RIGHTS COMPLAINT, filed by Robert Carrasco Gamez, Jr.(JRD) Modified on 3/23/2011 (REW). (Entered: 09/28/2010)

Sept. 27, 2010 RECAP
2

NOTICE OF ASSIGNMENT: (JRD) (Entered: 09/28/2010)

Sept. 27, 2010 PACER
3

MOTION for Leave to Proceed in forma pauperis by Robert Carrasco Gamez, Jr. (REW) (Entered: 09/28/2010)

Sept. 27, 2010 PACER
4

Prisoner Trust Fund Account Statement by Robert Carrasco Gamez, Jr. (REW) (Entered: 09/28/2010)

Sept. 27, 2010 PACER
5

MOTION for Appointment of Counsel by Robert Carrasco Gamez, Jr. (REW) (Entered: 09/28/2010)

Sept. 27, 2010 PACER
6

ORDER denying without prejudice Plaintiff's 3 Motion for Leave to Proceed in forma pauperis; within 30 days Plaintiff must either pay the $350.00 filing fee or file a completed Application to Proceed In Forma Pauperis and a certified six-month trust account statement; if Plaintiff fails to comply with this order, the Clerk must enter a judgment of dismissal of this action without prejudice and without further notice to Plaintiff; denying Plaintiff's 5 Motion for Appointment of Counsel. Signed by Judge Mary H Murguia on 11/1/10. (Attachments: # 1 IFP Form)(REW) (Entered: 11/03/2010)

1 IFP Form

View on PACER

Nov. 3, 2010 PACER
7

MOTION for Extension of Time to Produce Certified Copy of Prisoner's Trust Account by Robert Carrasco Gamez, Jr. (REW) (Entered: 11/29/2010)

Nov. 24, 2010 PACER
8

ORDER, granting Plaintiff's 7 Motion for Extension of Time; Plaintiff is granted an additional 30 days within which to comply with the 11/3/10 Order by either filing a new Application to Proceed In Forma Pauperis or paying the $350.00 filing fee; Plaintiff should file a declaration signed under penalty of perjury if he is unable to file a new Application to Proceed In Forma Pauperis in compliance with the 11/3/10 Order due to circumstances beyond his control; if Plaintiff fails to comply with this order, the Clerk must enter a judgment of dismissal of this action without prejudice and without further notice to Plaintiff. Signed by Judge Mary H Murguia on 11/29/10.(REW) (Entered: 12/02/2010)

Dec. 2, 2010 RECAP
9

MOTION for Leave to Proceed in forma pauperis by Robert Carrasco Gamez, Jr. (KMG) (Entered: 12/07/2010)

Dec. 6, 2010 PACER
10

Prisoner Trust Fund Account Statement by Robert Carrasco Gamez, Jr. (KMG) (Entered: 12/07/2010)

Dec. 6, 2010 PACER
11

(Second) MOTION for Leave to Proceed in forma pauperis by Robert Carrasco Gamez, Jr. (REW) (Entered: 12/15/2010)

Dec. 14, 2010 PACER
12

(Second) Prisoner Trust Fund Account Statement by Robert Carrasco Gamez, Jr. (REW) (Entered: 12/15/2010)

Dec. 14, 2010 PACER
13

Minute Order: This case is reassigned to the Honorable John W Sedwick for all further proceedings. All future documents filed shall reflect the initials JWS as part of the complete case number. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (REW) (Entered: 01/05/2011)

Jan. 5, 2011 PACER
14

ORDER Directing Monthly Payments be made from Prison Account of Robert Carrasco Gamez. Signed by Judge John W Sedwick on 1/25/11. (TLJ) (Entered: 01/26/2011)

Jan. 26, 2011 PACER
15

ORDER granting 9 Plaintiff's Motion for Leave to Proceed in forma pauperis; denying as moot 11 Plaintiff's Motion for Leave to Proceed in forma pauperis. The Complaint (Doc. 1) is dismissed for failure to state a claim. Plaintiff has 30 days from the date this Order is filed to file a first amended complaint. If Plaintiff fails to comply, the Clerk of Court must enter a judgment of dismissal with prejudice that states that the dismissal may count as a strike under 28:1915(g). The Clerk of Court must mail Plaintiff a court-approved form for filing a civil rights complaint by a prisoner. Signed by Judge John W Sedwick on 1/26/11.(TLJ) (Entered: 01/26/2011)

Jan. 26, 2011 PACER
16

MOTION for Extension of Time to Comply with Court Order by Robert Carrasco Gamez, Jr. (ESL) (Entered: 02/17/2011)

Feb. 16, 2011 PACER
17

ORDER granting Plaintiff's 16 Motion for Extension of Time to file a first amended complaint to the extent that Plaintiff is granted an additional 30 days from the filing date of this Order in which to file a first amended complaint in compliance with the 1/26/11 Order 15 ; if Plaintiff fails to file an amended complaint within the extension granted herein, the Clerk must, without further notice, enter a judgment of dismissal of this action with prejudice that states that the dismissal may count as a "strike" under 28 U.S.C. ยง 1915(g). Signed by Judge John W Sedwick on 2/18/11. (REW) (Entered: 02/18/2011)

Feb. 18, 2011 PACER
18

FIRST AMENDED COMPLAINT, Jury Demand against Dennis Kendall, Charles L Ryan, Dora B Schriro, filed by Robert Carrasco Gamez, Jr.(REW) (Entered: 03/23/2011)

March 22, 2011 RECAP
19

MOTION for Appointment of Counsel by Robert Carrasco Gamez, Jr. (REW) (Entered: 03/23/2011)

March 22, 2011 PACER
20

ORDER, the First Amended Complaint 18 is dismissed for failure to state a claim; Plaintiff has 30 days to file a second amended complaint in compliance with this Order; if Plaintiff fails to file an amended complaint within 30 days, the Clerk without further notice, enter a judgment of dismissal of this action with prejudice that states that the dismissal may count as a "strike" under 28 U.S.C. ยง 1915(g). Signed by Judge John W Sedwick on 5/12/11. (REW) (Entered: 05/13/2011)

May 13, 2011 RECAP
21

ORDER that Plaintiff's 19 motion for appointment of counsel is denied for the reasons stated in the Order filed on 05/13/11, doc. 20. Signed by Judge John W Sedwick on 05/17/11.(ESL) (Entered: 05/17/2011)

May 17, 2011 PACER
22

MOTION for Extension of Time to File Amended Complaint by Robert Carrasco Gamez, Jr. (REW) (Entered: 06/21/2011)

June 20, 2011 PACER
23

ORDER, granting Plaintiff's 22 Motion for Extension of Time to File a Second Amended Complaint to the extent as follows: stated Plaintiff is granted an additional 30 days from the filing date of this Order to file a second amended complaint in compliance with the 5/13/11 (Order) doc. 20; if Plaintiff fails to file an amended complaint within the extension granted, the Clerk must, without further notice, enter a judgment of dismissal of this action with prejudice that states that the dismissal may count as a "strike" under 28 U.S.C. ยง 1915(g). Signed by Judge John W Sedwick on 6/24/11. (REW) (Entered: 06/24/2011)

June 24, 2011 PACER
24

MOTION for Status Hearing by Robert Carrasco Gamez, Jr. (REW) (Entered: 07/05/2011)

July 1, 2011 PACER
25

MOTION to Compel defendants to produce medical file and injunction ordering a mental evaluation by Robert Carrasco Gamez, Jr. (TLJ) (Entered: 07/12/2011)

July 11, 2011 PACER
26

ORDER denying as moot 24 Plaintiff's Motion for Hearing. Signed by Judge John W Sedwick on 7/12/11.(TLJ) (Entered: 07/12/2011)

July 12, 2011 PACER
27

ORDER that Plaintiff's 25 motion to compel is denied. Plaintiff is granted until 08/15/11 in which to file a second amended complaint in compliance with the 05/13/11 Order, doc. 20. If Plaintiff fails to file an amended complaint within the extension granted herein, the Clerk of Court must, without further notice, enter a judgment of dismissal of this action with prejudice that states that the dismissal may count as a "strike" under 28 U.S.C. ยง 1915(g).Signed by Judge John W Sedwick on 07/14/11. (ESL) (Entered: 07/14/2011)

July 14, 2011 PACER
28

SECOND AMENDED COMPLAINT against Dennis Kendall, Charles L Ryan, Dora B Schriro, Unknown Party (John Doe), Sherry Goldsmith, filed by Robert Carrasco Gamez, Jr.(LAD) (Entered: 07/29/2011)

July 28, 2011 RECAP
29

NOTICE of Appearance by Daniel Joseph Pochoda on behalf of Robert Carrasco Gamez, Jr. (Pochoda, Daniel) (Entered: 02/24/2012)

Feb. 24, 2012 PACER
30

ORDER, the Second Amended Complaint 28 is dismissed; Plaintiff has 30 days to file a third amended complaint in compliance with this Order; if Plaintiff fails to comply with this order, the Clerk must, without further notice, enter a judgment of dismissal of this action with prejudice. Signed by Judge John W Sedwick on 2/29/12. (REW) (Entered: 03/01/2012)

March 1, 2012 RECAP
32

NOTICE of Change of Address by Robert Carrasco Gamez Jr; #131401, ASPC-Eyman, Browning Unit, PO Box 3400, Florence AZ 85132 (REW) (Entered: 03/06/2012)

March 5, 2012 PACER
31

STRICKEN by Order #51 - AMENDED COMPLAINT (Third) against Charles L Ryan, filed by Robert Carrasco Gamez, Jr.(Pochoda, Daniel) Modified on 3/21/2012 (REW). (Entered: 03/06/2012)

March 6, 2012 PACER
33

MOTION for Admission Pro Hac Vice as to attorney Corene T Kendrick on behalf of Robert Carrasco Gamez, Jr. (BAS) (Entered: 03/06/2012)

March 6, 2012 PACER
34

MOTION for Admission Pro Hac Vice as to attorney Sara Norman on behalf of Robert Carrasco Gamez, Jr. (BAS) (Entered: 03/06/2012)

March 6, 2012 PACER
35

MOTION for Admission Pro Hac Vice as to attorney Donald Specter on behalf of Robert Carrasco Gamez, Jr. (BAS) (Entered: 03/06/2012)

March 6, 2012 PACER

PRO HAC VICE FEE PAID. $ 150, receipt number PHX119629 as to Corene T Kendrick, Donald Specter, Sara Norman. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

March 6, 2012 PACER
36

ORDER pursuant to General Order 09-08 granting 33 Motion for Admission Pro Hac Vice; granting 34 Motion for Admission Pro Hac Vice; granting 35 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 03/06/2012)

March 6, 2012 PACER
37

MOTION for Admission Pro Hac Vice as to attorney David Cyrus Fathi by Robert Carrasco Gamez, Jr. (Attachments: # 1 Certificate of Good Standing)(Fathi, David) (Entered: 03/06/2012)

1 Certificate of Good Standing

View on PACER

March 6, 2012 PACER

PRO HAC VICE FEE PAID. $ 50, receipt number PHX119633 as to David Cyrus Fathi. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

March 6, 2012 PACER
38

ORDER pursuant to General Order 09-08 granting 37 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 03/06/2012)

March 6, 2012 PACER
39

SUMMONS Submitted by Robert Carrasco Gamez, Jr. (Pochoda, Daniel) (Entered: 03/06/2012)

March 6, 2012 PACER
40

SUMMONS Submitted by Robert Carrasco Gamez, Jr. (Pochoda, Daniel) (Entered: 03/06/2012)

March 6, 2012 PACER

NOTICE of request for e-notices by Augustine Jimenez. (Jimenez, Augustine)

March 7, 2012 PACER
41

Summons Issued as to Richard Pratt, Charles L Ryan. (Attachments: # 1 Summons)(REW). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 03/07/2012)

1 Summons

View on PACER

March 7, 2012 PACER
42

ORDER, for the reasons stated in this order, the assigned judge directs the Clerk of Court to re-assign this case to a district judge who has chambers in Arizona. Signed by Judge John W Sedwick on 3/7/12. NOTE: This case has been reassigned, by random draw, to Judge Frederick J Martone. All future pleadings shall bear the case number: CV 10-2070-PHX-FJM (MEA).(REW) (Entered: 03/08/2012)

March 8, 2012 PACER
43

MOTION for Admission Pro Hac Vice as to attorney Caroline N Mitchell on behalf of Dustin Brislan, Maryanne Chisholm, Robert Carrasco Gamez, Jr, Joseph Hefner, Shawn Jensen, Desiree Licci, Victor Parsons, Joshua Polson, Sonia Rodriguez, Jeremy Smith, Steven Swartz, Jackie Thomas, Christina Verduzco, and Charlotte Wells. (BAS) (Entered: 03/09/2012)

March 9, 2012 PACER

PRO HAC VICE FEE PAID. $ 50, receipt number PHX119759 as to Caroline N Mitchell. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

March 9, 2012 PACER
44

ORDER pursuant to General Order 09-08 granting 43 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 03/09/2012)

March 9, 2012 PACER
45

SUMMONS Returned Executed by Joshua Polson, Jeremy Smith, Desiree Licci, Steven Swartz, Arizona Center for Disability Law, Robert Carrasco Gamez, Jr, Joseph Hefner, Charlotte Wells, Victor Parsons, Jackie Thomas, Sonia Rodriguez, Christina Verduzco, Shawn Jensen, Maryanne Chisholm, Dustin Brislan. Charles L Ryan served on 3/8/2012. (Eidenbach, Kirstin) (Entered: 03/13/2012)

March 13, 2012 PACER
46

SUMMONS Returned Executed by Joshua Polson, Jeremy Smith, Desiree Licci, Steven Swartz, Arizona Center for Disability Law, Robert Carrasco Gamez, Jr, Joseph Hefner, Charlotte Wells, Victor Parsons, Jackie Thomas, Sonia Rodriguez, Christina Verduzco, Shawn Jensen, Maryanne Chisholm, Dustin Brislan. Richard Pratt served on 3/8/2012. (Eidenbach, Kirstin) (Entered: 03/13/2012)

March 13, 2012 PACER
47

MOTION for Admission Pro Hac Vice as to attorney Alison Hardy on behalf of Arizona Center for Disability Law, Dustin Brislan, Robert Carrasco Gamez, Jr, Joseph Hefner, Shawn Jensen, Desiree Licci, Victor Parsons, Joshua Polson, Sonia Rodriguez, Jeremy Smith, Steven Swartz, Jackie Thomas, Christina Verduzco, and Charlotte Wells. (BAS) (Entered: 03/15/2012)

March 15, 2012 PACER

PRO HAC VICE FEE PAID. $ 50, receipt number PHX119975 as to Alison Hardy. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

March 15, 2012 PACER
48

ORDER pursuant to General Order 09-08 granting 47 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 03/15/2012)

March 15, 2012 PACER
49

MOTION for Admission Pro Hac Vice as to attorney Douglas E Roberts on behalf of plaintiffs Dustin Brislan, Maryanne Chisholm, Robert Carrasco Gamez, Jr, Joseph Hefner, Shawn Jensen, Desiree Licci, Victor Parsons, Joshua Polson, Sonia Rodriguez, Jeremy Smith, Steven Swartz, Jackie Thomas, Christina Verduzco, and Charlotte Wells. (BAS) (Entered: 03/20/2012)

March 19, 2012 PACER

PRO HAC VICE FEE PAID. $ 50, receipt number PHX120088 as to Douglas E Roberts. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

March 20, 2012 PACER
50

ORDER pursuant to General Order 09-08 granting 49 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 03/20/2012)

March 20, 2012 PACER
51

ORDER, striking the Third Amended Complaint and dismissing this action for lack of prosecution under Rule 41(b), Fed. R. Civ. P.; this is without prejudice to the right of counsel to file a new and separate action on behalf of the proposed new plaintiffs in this case, Gamez, and the proposed class; we note that proposed plaintiff, Arizona Center for Disability Law, may not proceed in forma pauperis. Signed by Judge Frederick J Martone on 3/21/12. (REW) (Entered: 03/21/2012)

March 21, 2012 RECAP
52

CLERK'S JUDGMENT, pursuant to the Court's Order of March 21, 2012, dismissing this action for lack of prosecution, judgment is hereby entered in favor of Defendants. Plaintiff shall take nothing by way of the Amended Complaint. The Amended Complaint and this action are hereby dismissed without prejudice. (REW) (Entered: 03/21/2012)

March 21, 2012 RECAP

State / Territory: Arizona

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Sept. 27, 2010

Closing Date: 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Arizona prisoner alleging that the Arizona Department of Corrections did not provide an appropriate number of staff to treat the mentally ill

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National Prison Project

Public Interest Lawyer: Yes

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Arizona Department of Corrections, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

Litigation

Issues

General:

Administrative segregation

Conditions of confinement

Disciplinary segregation

Failure to train

Personal injury

Staff (number, training, qualifications, wages)

Suicide prevention

Medical/Mental Health:

Dental care

Medical care, general

Mental health care, general

Suicide prevention

Type of Facility:

Government-run