Case: Anderson v. State of Colorado

1:10-cv-01005 | U.S. District Court for the District of Colorado

Filed Date: May 3, 2010

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On May 3, 2010, a prisoner with mental illness incarcerated at a “supermax” facility in the Colorado State Penitentiary in Canon City filed this lawsuit in the U.S. District Court for the District of Colorado. The plaintiff sued the Colorado Department of Corrections (CDOC), the warden of the Colorado State Penitentiary, and the Executive Director of the Colorado Department of Corrections. The plaintiff alleged violations of the Eighth and Fourteenth Amendments, the Americans with Disabilities …

On May 3, 2010, a prisoner with mental illness incarcerated at a “supermax” facility in the Colorado State Penitentiary in Canon City filed this lawsuit in the U.S. District Court for the District of Colorado. The plaintiff sued the Colorado Department of Corrections (CDOC), the warden of the Colorado State Penitentiary, and the Executive Director of the Colorado Department of Corrections. The plaintiff alleged violations of the Eighth and Fourteenth Amendments, the Americans with Disabilities Act, and the Rehabilitation Act. The plaintiff, represented by the Civil Rights Education and Enforcement Center and the University of Denver Civil Rights Clinic, alleged that by placing him in segregation for over a decade and not allowing him to experience daylight, fresh air, or outdoor exercise, the defendants had denied him numerous privileges afforded to other prisoners because of his mental illness. Further, the plaintiff alleged that the defendants denied him appropriate treatment for serious mental health issues. In the alternative, the plaintiff pleaded that the defendants punished him for his actual or perceived disability-related behavior without reasonable accommodations. He alleged that the prison made him ineligible for early release credits due to an arbitrary demerit system that punished his improperly treated mental illness without notice of what behaviors he was charged with and without sufficient procedures for review. The plaintiff sought declaratory and injunctive relief, compensatory damages under the Rehabilitation Act, and attorneys' fees and costs. This case was assigned to Judge R. Brooke Jackson and referred to Magistrate Judge Kathleen M. Tafoya.

On May 25, 2010, the defendants moved to dismiss the case and the district court denied the motion. On March 26, 2012, both the plaintiff and the defendants’ motions for summary judgment were denied on the merits. 848 F.Supp.2d 1291. The case proceeded to a bench trial which occurred between April 30 and May 8, 2012. On August 28, 2012, the court released a final order and judgment. 887 F. Supp. 2d 1133. The court stated: "denial of any opportunity to be outdoors and to engage in some form of outdoor exercise for a period of 12 years is a serious deprivation of a human need" and is "a paradigm of inhumane treatment." The court entered judgment in favor of the plaintiff since it found a violation of the Eighth Amendment’s ban on cruel and unusual punishment. The court ordered the CDOC to develop and present a plan that ensured the plaintiff had access to outdoor exercise for at least one hour three times a week. The court also ordered that the defendants assign a CDOC psychiatrist to evaluate the plaintiff's mental health treatment needs. The court noted that the formulary list of pre-approved medication could not be a bar to the plaintiff receiving whatever medication the psychiatrist deemed appropriate. Because the CDOC’s system for disciplinary proceedings had changed during the course of litigation, the court ruled in favor of the defendants to give their new policy a chance. However, the judge wrote in his opinion that if the new system proved to be "form over substance, [the plaintiff] knows where to find me." The court found that the plaintiff largely prevailed, and therefore awarded him costs and attorneys’ fees.

The plaintiff made subsequent motions: to alter or amend the judgment (September 21, 2012), for post-judgment discovery (November 16, 2012), and to enforce the settlement agreement regarding attorneys’ fees (July 15, 2013). The court granted the motion for discovery on January 2, 2013 and denied the other motions without prejudice on September 4, 2013. That same day, the court found that the exercise cells being used at CDOC’s Sterling facility did not amount to an acceptable permanent solution for providing an opportunity to exercise. It also found that there was uncertainty about how the mental health treatment issue was being resolved, as it was unclear whether there was inadequate treatment available or whether the plaintiff was refusing to accept available treatment.

Per the parties’ request, the court permitted them to engage in settlement discussions. The parties received several time extensions until the court made clear that it would not continue to grant extensions indefinitely.

On September 12, 2014, the plaintiff moved to enforce the August 28, 2012 judgment and further relief or, in the alternative, for a hearing on the order to show cause by the plaintiff. Although the plaintiff had been given a more substantial opportunity to exercise and access to mental health treatment, he was concerned that he would not be provided these services in the future.

On April 7, 2015, the court issued an order denying the plaintiff’s motion. 2015 WL 1593884. The court noted that the plaintiff had been permitted to exercise outside since July 2014 and had been placed on a treatment plan by a psychologist in the facility the month before. The court expressed its confidence in the CDOC’s leaders’ commitment to following through on the policy changes made in the prison.

There have been no further developments since the April 2015 order.

Summary Authors

Emily Goldman (10/12/2012)

Julie Singer (2/27/2017)

Hannah Greenhouse (3/20/2019)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4195439/parties/anderson-v-state-of-colorado-department-of-corrections/


Judge(s)

Daniel, Wiley Young (Colorado)

Jackson, Richard Brooke (Colorado)

Attorneys(s) for Plaintiff

Glidden, Brittany L. (Colorado)

Robertson, Amy Farr (Colorado)

Rovner, Laura Lee (Colorado)

Attorneys(s) for Defendant

Alber, Christopher Wayne (Colorado)

Fox, Timothy Patrick (Colorado)

Fredericks, Jacquelynn Nicole Rich (Colorado)

Judge(s)

Daniel, Wiley Young (Colorado)

Jackson, Richard Brooke (Colorado)

Attorneys(s) for Plaintiff

Glidden, Brittany L. (Colorado)

Robertson, Amy Farr (Colorado)

Rovner, Laura Lee (Colorado)

Attorneys(s) for Defendant

Alber, Christopher Wayne (Colorado)

Fox, Timothy Patrick (Colorado)

Fredericks, Jacquelynn Nicole Rich (Colorado)

Documents in the Clearinghouse

Document

1:10-cv-01005

Docket

Anderson v. State of Colorado, Department of Corrections

April 7, 2015

April 7, 2015

Docket
1

1:10-cv-01005

Complaint

Anderson v. State of Colorado, Department of Corrections

May 3, 2010

May 3, 2010

Complaint
37

1:10-cv-01005

Order

Anderson v. State of Colorado, Department of Corrections

2011 WL 1195393

March 30, 2011

March 30, 2011

Order/Opinion
49

1:10-cv-01005

Plaintiff's Response to Motion for Summary Judgment

July 21, 2011

July 21, 2011

Pleading / Motion / Brief
80

1:10-cv-01005

Order

Anderson v. State of Colorado, Department of Corrections

848 F.Supp.2d 1291

March 26, 2012

March 26, 2012

Order/Opinion
91

1:10-cv-01005

Plaintiff's Trial Brief

April 23, 2012

April 23, 2012

Pleading / Motion / Brief
109

1:10-cv-01005

Final Order and Judgment

Anderson v. State of Colorado, Department of Corrections

887 F.Supp.2d 1133

Aug. 24, 2012

Aug. 24, 2012

Order/Opinion
110

1:10-cv-01005

Final Judgment

Anderson v. State of Colorado, Department of Corrections

Aug. 28, 2012

Aug. 28, 2012

Order/Opinion
188

1:10-cv-01005

Order

2015 WL 1593884

April 7, 2015

April 7, 2015

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4195439/anderson-v-state-of-colorado-department-of-corrections/

Last updated Aug. 2, 2022, 3:09 a.m.

ECF Number Description Date Link Date / Link
145

1 Proposed Order (PDF Only)

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PACER
146

PACER
147

1 Declaration of Amy F. Robertson - part 1

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2 Declaration of Amy F. Robertson - part 2

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3 Declaration of Amy F. Robertson - part 3

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4 Declaration of Amy F. Robertson - part 4

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5 Declaration of Brittany Glidden

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6 Declaration of Steve Martin

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7 Declaration of Troy Anderson

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8 Declaration of Daniel Gallegos

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9 Declaration of Lincoln Lucero

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10 Declaration of Carlos Mondragon

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148

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149

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150

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151

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152

PACER
153

1 Exhibit A-1

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2 Exhibit A-2

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3 Exhibit A-3

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4 Exhibit A-4

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5 Exhibit A-5

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6 Exhibit A-6

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7 Exhibit A-7

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8 Exhibit A-8

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9 Exhibit A-9

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10 Exhibit A-10

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11 Exhibit A-11

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12 Exhibit A-12

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PACER
1

COMPLAINT against Susan Jones, State of Colorado, Department of Corrections, Aristedes W. Zavaras ( Filing fee $ 350, Receipt Number 27887) Summons Issued, filed by Troy Anderson. (Attachments: # 1 Civil Cover Sheet, # 2 Receipt)(jak, ) (Entered: 05/04/2010)

1 Civil Cover Sheet

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2 Receipt

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May 3, 2010

May 3, 2010

RECAP
2

SUMMONS Returned Executed by Troy Anderson. Susan Jones served on 5/4/2010, answer due 5/25/2010; State of Colorado, Department of Corrections served on 5/4/2010, answer due 5/25/2010; Aristedes W. Zavaras served on 5/4/2010, answer due 5/25/2010. (Robertson, Amy) (Entered: 05/06/2010)

May 6, 2010

May 6, 2010

PACER
3

ORDER REFERRING CASE to Magistrate Judge Kathleen M. Tafoya by Chief Judge Wiley Y. Daniel on 5/7/10. (wydcd, rrk) (Entered: 05/07/2010)

May 7, 2010

May 7, 2010

PACER
4

ORDER Scheduling Conference set for 8/3/2010 09:45 AM in Courtroom C201 before Magistrate Judge Kathleen M. Tafoya. by Magistrate Judge Kathleen M. Tafoya on 5/11/2010. (erv, ) (Entered: 05/11/2010)

May 11, 2010

May 11, 2010

RECAP
5

MOTION to Dismiss by Defendants Susan Jones, State of Colorado, Department of Corrections, Aristedes W. Zavaras. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Alber, Christopher) (Entered: 05/25/2010)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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May 25, 2010

May 25, 2010

PACER
6

NOTICE of Entry of Appearance by Laura Lee Rovner on behalf of Troy Anderson (Rovner, Laura) (Entered: 05/25/2010)

May 25, 2010

May 25, 2010

PACER
7

Unopposed MOTION for Extension of Time to File Response/Reply as to 5 MOTION to Dismiss by Plaintiff Troy Anderson. (Robertson, Amy) (Entered: 05/28/2010)

May 28, 2010

May 28, 2010

PACER
8

ORDER granting 7 Motion for Extension of Time to File Response/Reply. Plaintiff shall file a response to the motion to dismiss no later than June 23, 2010. by Chief Judge Wiley Y. Daniel on 06/01/2010.TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (wydlc3, ) (Entered: 06/01/2010)

June 1, 2010

June 1, 2010

PACER
9

BRIEF in Opposition to 5 MOTION to Dismiss filed by Plaintiff Troy Anderson. (Robertson, Amy) (Entered: 06/23/2010)

June 23, 2010

June 23, 2010

PACER
10

Unopposed MOTION for Extension of Time to File Response/Reply as to 5 MOTION to Dismiss by Defendants Susan Jones, State of Colorado, Department of Corrections, Aristedes W. Zavaras. (Alber, Christopher) (Entered: 07/06/2010)

July 6, 2010

July 6, 2010

PACER
11

ORDER granting 10 Motion for Extension of Time to File Response/Reply. Defendants shall file a response no later than Friday, July 16, 2010. by Chief Judge Wiley Y. Daniel on 07/08/2010.TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (wydlc3, ) (Entered: 07/08/2010)

July 8, 2010

July 8, 2010

PACER
12

REPLY to Response to 5 MOTION to Dismiss filed by Defendants Susan Jones, State of Colorado, Department of Corrections, Aristedes W. Zavaras. (Alber, Christopher) (Entered: 07/16/2010)

July 16, 2010

July 16, 2010

PACER
13

Proposed Scheduling Order by Plaintiff Troy Anderson. (Glidden, Brittany) (Entered: 07/24/2010)

July 24, 2010

July 24, 2010

PACER
14

Minute Entry for proceedings held before Magistrate Judge Kathleen M. Tafoya: Scheduling Conference held on 8/3/2010. Discovery due by 3/11/2011. Dispositive Motions due by 4/8/2011. Final Pretrial Conference set for 6/7/2011 09:30 AM in Courtroom C201 before Magistrate Judge Kathleen M. Tafoya. (Court Reporter FTR - Kathleen Finney and Nick Richards) (kfinn) (Entered: 08/04/2010)

Aug. 3, 2010

Aug. 3, 2010

PACER
15

SCHEDULING ORDER: by Magistrate Judge Kathleen M. Tafoya on 8/3/2010. (kfinn) (Entered: 08/04/2010)

Aug. 3, 2010

Aug. 3, 2010

PACER
16

Joint MOTION for Protective Order by Plaintiff Troy Anderson. (Attachments: # 1 Proposed Order (PDF Only))(Robertson, Amy) (Entered: 08/23/2010)

1 Proposed Order (PDF Only)

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Aug. 23, 2010

Aug. 23, 2010

PACER
17

MEMORANDUM regarding 16 Joint MOTION for Protective Order filed by Troy Anderson. Motion referred to Magistrate Judge Kathleen M. Tafoya by Chief Judge Wiley Y. Daniel on 8/23/10. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (wydcd, rrk) (Entered: 08/23/2010)

Aug. 23, 2010

Aug. 23, 2010

PACER
18

MINUTE ORDER granting 16 Joint Motion for Entry of Stipulated Protective Order. The proposed protective order will be entered. By Magistrate Judge Kathleen M. Tafoya on 8/26/10.TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (kmtlc1 ) (Entered: 08/26/2010)

Aug. 26, 2010

Aug. 26, 2010

PACER
19

STIPULATED PROTECTIVE ORDER by Magistrate Judge Kathleen M. Tafoya on 8/26/2010. (erv, ) (Entered: 08/26/2010)

Aug. 26, 2010

Aug. 26, 2010

RECAP
20

Unopposed MOTION for Leave to Appear by Plaintiff Troy Anderson. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Glidden, Brittany) (Entered: 09/28/2010)

1 Exhibit 1

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2 Exhibit 2

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Sept. 28, 2010

Sept. 28, 2010

PACER
21

MEMORANDUM regarding 20 Unopposed MOTION for Leave to Appear filed by Troy Anderson. Motion referred to Magistrate Judge Kathleen M. Tafoya by Chief Judge Wiley Y. Daniel on 9/28/10. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (wydcd, rrk) (Entered: 09/28/2010)

Sept. 28, 2010

Sept. 28, 2010

PACER
23

NOTICE of Entry of Appearance of Student Attorney Lee Knox by Brittany L. Glidden on behalf of Troy Anderson (erv, ) (Entered: 10/19/2010)

Oct. 18, 2010

Oct. 18, 2010

PACER
24

NOTICE of Entry of Appearance of Student Attorney Courtney Longtin by Brittany L. Glidden on behalf of Troy Anderson (erv, ) (Entered: 10/19/2010)

Oct. 18, 2010

Oct. 18, 2010

PACER
22

MINUTE ORDER granting 20 Motion for Leave to Appear, filed September 28, 2010. Coutrney Longtin and Lee Knox are permitted to appear pursuant to the Law Student Appearance Form, signed October 18, 2010. Entered by Chief Judge Wiley Y. Daniel on 10/19/10. (wydcd, rrk) (Entered: 10/19/2010)

Oct. 19, 2010

Oct. 19, 2010

RECAP
25

Unopposed MOTION for Extension of Time to Discovery Deadlines by Plaintiff Troy Anderson. (Attachments: # 1 Proposed Order (PDF Only))(Glidden, Brittany) (Entered: 11/09/2010)

1 Proposed Order (PDF Only)

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Nov. 9, 2010

Nov. 9, 2010

PACER
26

MEMORANDUM regarding 25 Unopposed MOTION for Extension of Time to Discovery Deadlines filed by Troy Anderson. Motions referred to Magistrate Judge Kathleen M. Tafoya by Chief Judge Wiley Y. Daniel on 11/10/10. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (wydcd, rrk) (Entered: 11/10/2010)

Nov. 10, 2010

Nov. 10, 2010

PACER
27

MINUTE ORDER granting 25 Motion to Extend Discovery Deadlines. The expert witness disclosure deadline is extended to February 17, 2011. The rebuttal expert witness disclosure deadline is extended to March 24, 2011. The discovery cutoff is extended to April 28, 2011. The dispositive motions deadline is extended to May 26, 2011. Status reports shall be filed on or before March 10, 2011. Additionally, the Final Pretrial Conference set for 6/07/2011 is VACATED and RESET to 7/28/2011 at 9:00 AM in Courtroom C201 before Magistrate Judge Kathleen M. Tafoya. By Magistrate Judge Kathleen M. Tafoya on 11/10/10.TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (kmtlc1 ) (Entered: 11/10/2010)

Nov. 10, 2010

Nov. 10, 2010

PACER
28

Unopposed MOTION for Leave to Appear by Plaintiff Troy Anderson. (Attachments: # 1 Exhibit 1)(Glidden, Brittany) (Entered: 01/13/2011)

1 Exhibit 1

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Jan. 13, 2011

Jan. 13, 2011

PACER
29

MEMORANDUM regarding 28 Unopposed MOTION for Leave to Appear filed by Troy Anderson. Motion referred to Magistrate Judge Kathleen M. Tafoya by Chief Judge Wiley Y. Daniel on 1/14/11. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (wydcd, rrk) (Entered: 01/14/2011)

Jan. 14, 2011

Jan. 14, 2011

PACER
30

MINUTE ORDER granting 28 Plaintiffs Unopposed Motion for Leave to Appear. Student Attorney Matthew Court is permitted to appear pursuant to the Law Student Appearance Form signed January 26, 2011. by Chief Judge Wiley Y. Daniel on 1/26/2011. (Attachments: # 1 Law School Student Entry of Appearance)(erv, ) (Entered: 01/26/2011)

1 Law School Student Entry of Appearance

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Jan. 26, 2011

Jan. 26, 2011

RECAP
31

Joint MOTION for Extension of Time to Provide Plaintiff's Expert Reports and for the Deadline for Defendants' Rebuttal Expert Disclosures by Plaintiff Troy Anderson. (Glidden, Brittany) (Entered: 02/10/2011)

Feb. 10, 2011

Feb. 10, 2011

PACER
32

ORDER granting 31 Joint Motion for an Extension of Plaintiff's Expert Report Deadline and Defendants' Rebuttal Expert Disclosure Deadline. The date by which Plaintiff shall submit his expert reports is extended to March 31, 2011. Defendants' rebuttal expert disclosures deadline date is extended to April 14, 2011. Entered by Magistrate Judge Kathleen M. Tafoya on 02/14/2011.TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (kmt, ) (Entered: 02/14/2011)

Feb. 14, 2011

Feb. 14, 2011

PACER
33

Joint STATUS REPORT by Plaintiff Troy Anderson. (Glidden, Brittany) (Entered: 03/10/2011)

March 10, 2011

March 10, 2011

PACER
34

MOTION to Amend/Correct/Modify Scheduling Order for Additional Requests for Admission by Plaintiff Troy Anderson. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Glidden, Brittany) (Entered: 03/25/2011)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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March 25, 2011

March 25, 2011

PACER
35

MEMORANDUM regarding 34 MOTION to Amend/Correct/Modify Scheduling Order for Additional Requests for Admission filed by Troy Anderson. Motion referred to Magistrate Judge Kathleen M. Tafoya by Chief Judge Wiley Y. Daniel on 3/28/11. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (wydcd, rrk) (Entered: 03/28/2011)

March 28, 2011

March 28, 2011

PACER
36

MINUTE ORDER: Defendants shall respond to 34 Plaintiff's Motion for Additional Requests for Admission no later than April 4, 2011. By Magistrate Judge Kathleen M. Tafoya on 3/28/11. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(kmtlc1 ) (Entered: 03/28/2011)

March 28, 2011

March 28, 2011

PACER
37

ORDER denying 5 Defendants' Motion to Dismiss by Chief Judge Wiley Y. Daniel on 03/30/11.(jjh, ) (Entered: 03/30/2011)

March 30, 2011

March 30, 2011

RECAP
38

RESPONSE to 34 MOTION to Amend/Correct/Modify Scheduling Order for Additional Requests for Admission filed by Defendants Susan Jones, State of Colorado, Department of Corrections, Aristedes W. Zavaras. (Alber, Christopher) (Entered: 04/04/2011)

April 4, 2011

April 4, 2011

PACER
39

ORDER. Order granting 34 Motion for Additional Requests for Admission by Magistrate Judge Kathleen M. Tafoya on 04/07/11.(jjh, ) (Entered: 04/07/2011)

April 7, 2011

April 7, 2011

RECAP
40

Joint MOTION for Extension of Time to Deadlines by Plaintiff Troy Anderson. (Glidden, Brittany) (Entered: 04/08/2011)

April 8, 2011

April 8, 2011

PACER
41

MEMORANDUM regarding 40 Joint MOTION for Extension of Time to Deadlines filed by Troy Anderson. Motions referred to Magistrate Judge Kathleen M. Tafoya, by Chief Judge Wiley Y. Daniel on 4/11/11. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(lsw, ) (Entered: 04/11/2011)

April 11, 2011

April 11, 2011

PACER
42

ANSWER to 1 Complaint by Susan Jones, State of Colorado, Department of Corrections, Aristedes W. Zavaras.(Alber, Christopher) (Entered: 04/11/2011)

April 11, 2011

April 11, 2011

PACER
43

MINUTE ORDER granting in part 40 Joint Motion for Extension of Deadlines. The rebuttal expert disclosure deadline is extended to 5/26/2011. The discovery deadline, as it relates to rebuttal experts only, is extended to 5/26/2011. The dispositive motions deadline is extended to 6/27/2011. However, as counsel's trials are scheduled for June 2011, there is no reason to extend the deadlines for filing responses and/or replies in support of the dispositive motions. Responses shall be filed no later than 7/21/2011. Replies shall be filed no later than 8/7/2011. Additionally, the Final Pretrial Conference set for 7/28/2011 is VACATED and RESET to 10/6/2011 at 9:15 AM in Courtroom C201 before Magistrate Judge Kathleen M. Tafoya. By Magistrate Judge Kathleen M. Tafoya on 4/11/11.TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (kmtlc1 ) (Entered: 04/11/2011)

April 11, 2011

April 11, 2011

PACER
44

Unopposed MOTION to Withdraw as Attorney (Student Attorneys) by Plaintiff Troy Anderson. (Glidden, Brittany) (Entered: 05/12/2011)

May 12, 2011

May 12, 2011

PACER
45

MEMORANDUM regarding 44 Unopposed MOTION to Withdraw as Attorney (Student Attorneys) filed by Troy Anderson. Motion referred to Magistrate Judge Kathleen M. Tafoya by Chief Judge Wiley Y. Daniel on 5/12/11. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (wydcd, rrk) (Entered: 05/12/2011)

May 12, 2011

May 12, 2011

PACER
46

MINUTE ORDER granting 44 Motion to Withdraw as Attorney. Student attorneys Lee Knox, Courtney Longtin, and Matthew Court are relieved of any further representation of Plaintiff in the abovecaptioned matter. The Clerk of Court is instructed to remove Mr. Knox, Ms. Longtin, and Mr. Court from the electronic certificate of mailing by Magistrate Judge Kathleen M. Tafoya on 05/12/11.(jjh, ) (Entered: 05/12/2011)

May 12, 2011

May 12, 2011

PACER
47

MOTION for Partial Summary Judgment by Plaintiff Troy Anderson. (Attachments: # 1 Exhibit 1 - Reid depo transcript (Dunlap), # 2 Exhibit 2 - Declaration of Troy Anderson, # 3 Exhibit 3 - Martin report, # 4 Exhibit 4 - Policy 650-100, # 5 Exhibit 5 - 3rd set of Interrogatories, # 6 Exhibit 6 - Declaration of Keenan Jones PART I, # 7 Exhibit 6 - Declaration of Keenan Jones PART II, # 8 Exhibit 6 - Declaration of Keenan Jones PART III, # 9 Exhibit 7 - Pictures of Canon City Complex, # 10 Exhibit 8 - 2nd Request for Admissions, # 11 Exhibit 9 - Jones depo transcript, # 12 Exhibit 10 - Barr depo transcript, # 13 Exhibit 11 - Shoemaker depo transcript, # 14 Exhibit 12 - Patterson report, # 15 Exhibit 13 - Patterson depo transcript, # 16 Exhibit 14 - Martin depo transcript, # 17 Exhibit 15 - Reid depo transcript, # 18 Exhibit 16 - Policy 1000-01, # 19 Exhibit 17 - Martin depo transcript (Dunlap), # 20 Exhibit 18 - BOP death row policy, # 21 Exhibit 19 - Dennis depo transcript, # 22 Exhibit 20 - 1st Set of Interrogatory Responses, # 23 Exhibit 21 - Anderson grievance, # 24 Exhibit 22 - Shoemaker depo transcript (Dunlap), # 25 Exhibit 23 - Steele depo transcript, # 26 Exhibit 24 - Quarters History, # 27 Exhibit 25 - Clinical Note)(Glidden, Brittany) (Entered: 06/27/2011)

1 Exhibit 1 - Reid depo transcript (Dunlap)

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2 Exhibit 2 - Declaration of Troy Anderson

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3 Exhibit 3 - Martin report

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4 Exhibit 4 - Policy 650-100

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5 Exhibit 5 - 3rd set of Interrogatories

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6 Exhibit 6 - Declaration of Keenan Jones PART I

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7 Exhibit 6 - Declaration of Keenan Jones PART II

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8 Exhibit 6 - Declaration of Keenan Jones PART III

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9 Exhibit 7 - Pictures of Canon City Complex

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10 Exhibit 8 - 2nd Request for Admissions

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11 Exhibit 9 - Jones depo transcript

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12 Exhibit 10 - Barr depo transcript

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13 Exhibit 11 - Shoemaker depo transcript

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14 Exhibit 12 - Patterson report

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15 Exhibit 13 - Patterson depo transcript

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16 Exhibit 14 - Martin depo transcript

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17 Exhibit 15 - Reid depo transcript

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18 Exhibit 16 - Policy 1000-01

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19 Exhibit 17 - Martin depo transcript (Dunlap)

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20 Exhibit 18 - BOP death row policy

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21 Exhibit 19 - Dennis depo transcript

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22 Exhibit 20 - 1st Set of Interrogatory Responses

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23 Exhibit 21 - Anderson grievance

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24 Exhibit 22 - Shoemaker depo transcript (Dunlap)

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25 Exhibit 23 - Steele depo transcript

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26 Exhibit 24 - Quarters History

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27 Exhibit 25 - Clinical Note

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June 27, 2011

June 27, 2011

PACER
48

MOTION for Summary Judgment by Defendants Susan Jones, State of Colorado, Department of Corrections, Aristedes W. Zavaras. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Alber, Christopher) (Entered: 06/27/2011)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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June 27, 2011

June 27, 2011

PACER
49

RESPONSE to 48 MOTION for Summary Judgment filed by Plaintiff Troy Anderson. (Attachments: # 1 Deposition Excerpts - Dennis, # 2 Deposition Excerpts - Frantz, # 3 Deposition Excerpts - Jimenez, # 4 Deposition Excerpts - Jones, Part 1, # 5 Deposition Excerpts - Jones, Part 2, # 6 Deposition Excerpts - Jones, Part 3, # 7 Deposition Excerpts - Jones, Part 4, # 8 Deposition Excerpts - Koprivnikar, # 9 Deposition Excerpts - Lampela, # 10 Deposition Excerpts - Lish, # 11 Deposition Excerpts - Martin, # 12 Deposition Excerpts - Patterson, # 13 Deposition Excerpts - Shoemaker, # 14 Declaration of Troy Anderson, # 15 Declaration of Darrell Biraldi, # 16 Declaration of David Bueno, # 17 Declaration of Jerimia Ekin, # 18 Declaration of Carlos Mondragon, # 19 Declaration of Nathan Thill, # 20 Declaration of Steve Martin, # 21 Declaration of Raymond F. Patterson)(Robertson, Amy) (Entered: 07/21/2011)

1 Deposition Excerpts - Dennis

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2 Deposition Excerpts - Frantz

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3 Deposition Excerpts - Jimenez

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4 Deposition Excerpts - Jones, Part 1

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5 Deposition Excerpts - Jones, Part 2

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6 Deposition Excerpts - Jones, Part 3

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7 Deposition Excerpts - Jones, Part 4

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8 Deposition Excerpts - Koprivnikar

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9 Deposition Excerpts - Lampela

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10 Deposition Excerpts - Lish

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11 Deposition Excerpts - Martin

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12 Deposition Excerpts - Patterson

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13 Deposition Excerpts - Shoemaker

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14 Declaration of Troy Anderson

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15 Declaration of Darrell Biraldi

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16 Declaration of David Bueno

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17 Declaration of Jerimia Ekin

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18 Declaration of Carlos Mondragon

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19 Declaration of Nathan Thill

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20 Declaration of Steve Martin

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21 Declaration of Raymond F. Patterson

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July 21, 2011

July 21, 2011

PACER
50

DECLARATION of Amy F. Robertson regarding Response to Motion,,, 49 by Plaintiff Troy Anderson. (Attachments: # 1 Exhibit 1-10, # 2 Exhibit 11-17, # 3 Exhibit 18-19, # 4 Exhibit 20-24, # 5 Exhibit 25, # 6 Exhibit 26-34, # 7 Exhibit 35-39, # 8 Exhibit 40-41)(Robertson, Amy) (Entered: 07/21/2011)

1 Exhibit 1-10

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2 Exhibit 11-17

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3 Exhibit 18-19

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4 Exhibit 20-24

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5 Exhibit 25

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6 Exhibit 26-34

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7 Exhibit 35-39

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8 Exhibit 40-41

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July 21, 2011

July 21, 2011

PACER
51

RESPONSE to 47 MOTION for Partial Summary Judgment filed by Defendants Susan Jones, State of Colorado, Department of Corrections, Aristedes W. Zavaras. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Alber, Christopher) (Entered: 07/21/2011)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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July 21, 2011

July 21, 2011

PACER
52

REPLY to Response to 47 MOTION for Partial Summary Judgment filed by Plaintiff Troy Anderson. (Robertson, Amy) (Entered: 08/05/2011)

Aug. 5, 2011

Aug. 5, 2011

PACER
53

REPLY to Response to 48 MOTION for Summary Judgment filed by Defendants Susan Jones, State of Colorado, Department of Corrections, Aristedes W. Zavaras. (Attachments: # 1 Exhibit D, # 2 Exhibit E, # 3 Exhibit F)(Alber, Christopher) (Entered: 08/05/2011)

1 Exhibit D

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2 Exhibit E

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3 Exhibit F

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Aug. 5, 2011

Aug. 5, 2011

PACER
54

Unopposed MOTION for Leave to Appear by Plaintiff Troy Anderson. (Attachments: # 1 Exhibit 1)(Glidden, Brittany) (Entered: 09/06/2011)

1 Exhibit 1

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Sept. 6, 2011

Sept. 6, 2011

PACER
55

MINUTE ORDER granting 54 Motion for Leave to Appear. Student Attorney Brenden Desmond is permitted to appear pursuant to the Law Student Appearance Form signed September 13, 2011 by Chief Judge Wiley Y. Daniel on 09/14/11. (Attachments: # 1 Attachment 1)(jjh, ) (Entered: 09/14/2011)

1 Attachment 1

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Sept. 14, 2011

Sept. 14, 2011

RECAP
56

REASSIGNING JUDGE. This action is reassigned to Judge R. Brooke Jackson, upon his recent appointment to the court. All future pleadings should reference Judge Jackson's initials at the end of the civil action number (such as 08-cv-00001-RBJ). Unless otherwise ordered, the dates and times for all previously scheduled matters will be maintained and will now be handled by Judge Jackson in Courtroom A702. His chambers are located in Room A738 of the Alfred A. Arraj U. S. Courthouse. His chambers telephone number is 303-844-4694. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (gmssl, ) (Entered: 09/26/2011)

Sept. 26, 2011

Sept. 26, 2011

PACER
57

MINUTE ORDER: The parties are hereby ordered to submit a joint status report initially prepared by plaintiff(s), if represented. For details visit http://www.cod.uscourts.gov/Documents/Judges/RBJ/RBJ_Status%20Report.pdf. by Judge R. Brooke Jackson on 09/29/2011. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(rbjlc1, ) (Entered: 09/29/2011)

Sept. 29, 2011

Sept. 29, 2011

PACER
58

Proposed Pretrial Order (Final) by Plaintiff Troy Anderson. (Attachments: # 1 Exhibit 1 - Plaintiff's Exhibit List, # 2 Exhibit 2 - Defendant's Exhibit List)(Glidden, Brittany) (Entered: 09/29/2011)

1 Exhibit 1 - Plaintiff's Exhibit List

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2 Exhibit 2 - Defendant's Exhibit List

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Sept. 29, 2011

Sept. 29, 2011

PACER
59

AMENDED 58 Proposed Pretrial Order AMENDED EX. 1 - Plaintiff's Exhibit List by Plaintiff Troy Anderson. (Glidden, Brittany) (Entered: 10/05/2011)

Oct. 5, 2011

Oct. 5, 2011

PACER
60

Amended Exhibit 2 - Defendants' Exhibit List 58 Proposed Pretrial Order by Defendants Susan Jones, State of Colorado, Department of Corrections, Aristedes W. Zavaras. (Alber, Christopher) Modified on 10/6/2011 to create linkage to 58 and correct title(lsw, ). (Entered: 10/05/2011)

Oct. 5, 2011

Oct. 5, 2011

PACER
61

ORDER Setting Bench Trial and Trial Preparation Conference. Eight-day Bench Trial set to commence on 4/30/2012 at 09:00 AM in Courtroom A 702 before Judge R. Brooke Jackson. Trial Preparation Conference set for 3/30/2012 at 02:00 PM before Judge R. Brooke Jackson, by Judge R. Brooke Jackson on 10/6/11. (lsw, ) (Entered: 10/06/2011)

Oct. 6, 2011

Oct. 6, 2011

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62

MINUTE ENTRY for Final Pretrial Conference held on 10/6/2011 before Magistrate Judge Kathleen M. Tafoya. (FTR: Nick Richards) (kmtcd) (Entered: 10/07/2011)

Oct. 6, 2011

Oct. 6, 2011

PACER
63

FINAL PRETRIAL ORDER by Magistrate Judge Kathleen M. Tafoya on 10/6/2011. (kmtcd) (Entered: 10/07/2011)

Oct. 6, 2011

Oct. 6, 2011

PACER
64

Joint STATUS REPORT by Plaintiff Troy Anderson. (Glidden, Brittany) (Entered: 10/13/2011)

Oct. 13, 2011

Oct. 13, 2011

PACER
65

MOTION for Order to Reopen Discovery for a Limited Purpose by Plaintiff Troy Anderson. (Attachments: # 1 Exhibit 1 - Defendants' Disclosures, # 2 Exhibit 2 - 30(b)(6) Designations, # 3 Exhibit 3 - February 2011 emails, # 4 Exhibit 4 - Portion of December production, # 5 Exhibit 5 - Conferral emails, # 6 Exhibit 6 - Operational Memo for OMI program)(Glidden, Brittany) (Entered: 12/20/2011)

1 Exhibit 1 - Defendants' Disclosures

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2 Exhibit 2 - 30(b)(6) Designations

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3 Exhibit 3 - February 2011 emails

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4 Exhibit 4 - Portion of December production

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5 Exhibit 5 - Conferral emails

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6 Exhibit 6 - Operational Memo for OMI program

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Dec. 20, 2011

Dec. 20, 2011

PACER
66

NOTICE of Entry of Appearance by Timothy Patrick Fox on behalf of Troy Anderson (Fox, Timothy) (Entered: 01/06/2012)

Jan. 6, 2012

Jan. 6, 2012

PACER
67

RESPONSE to 65 MOTION for Order to Reopen Discovery for a Limited Purpose filed by Defendants Susan Jones, State of Colorado, Department of Corrections, Aristedes W. Zavaras. (Attachments: # 1 Exhibit A-1, # 2 Exhibit A-2)(Alber, Christopher) (Entered: 01/10/2012)

1 Exhibit A-1

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2 Exhibit A-2

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Jan. 10, 2012

Jan. 10, 2012

PACER
68

Unopposed MOTION for Leave to Appear by Plaintiff Troy Anderson. (Attachments: # 1 Exhibit 1 - Kamal Entry of Appearance, # 2 Exhibit 2 - Hartigan Entry of Appearance)(Glidden, Brittany) (Entered: 01/12/2012)

1 Exhibit 1 - Kamal Entry of Appearance

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2 Exhibit 2 - Hartigan Entry of Appearance

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Jan. 12, 2012

Jan. 12, 2012

PACER
69

ORDER granting 68 Unopposed Motion for Leave to Appear. The Court grants request for leave for student attorneys Maha Kamal and Katherine Hartigan to appear as counsel for Plaintiff in this matter under the supervision of Laura Rovner and Brittany Glidden, by Judge R. Brooke Jackson on 01/13/2012. Text Only Entry(rbjsec. ) (Entered: 01/13/2012)

Jan. 13, 2012

Jan. 13, 2012

PACER
70

REPLY to Response to 65 MOTION for Order to Reopen Discovery for a Limited Purpose filed by Plaintiff Troy Anderson. (Glidden, Brittany) (Entered: 01/24/2012)

Jan. 24, 2012

Jan. 24, 2012

PACER
71

NOTICE of Supplemental Authorities re: 65 MOTION for Order to Reopen Discovery for a Limited Purpose by Plaintiff Troy Anderson (Attachments: # 1 Exhibit 1 - Jama v. City and Cty of Denver)(Glidden, Brittany) (Entered: 02/18/2012)

1 Exhibit 1 - Jama v. City and Cty of Denver

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Feb. 18, 2012

Feb. 18, 2012

PACER
72

MOTION for Writ of Habeas Corpus ad testificandum by Plaintiff Troy Anderson. (Attachments: # 1 Exhibit 1 - Conferral emails, # 2 Exhibit 2 - USMS Directives)(Glidden, Brittany) (Entered: 02/20/2012)

1 Exhibit 1 - Conferral emails

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2 Exhibit 2 - USMS Directives

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Feb. 20, 2012

Feb. 20, 2012

PACER
73

MEMORANDUM regarding 72 MOTION for Writ of Habeas Corpus ad testificandum filed by Troy Anderson. Motion (72) referred to Magistrate Judge Kathleen M. Tafoya by Judge R. Brooke Jackson on 02/29/2012. Text Only Entry (rbjsec. ) (Entered: 02/29/2012)

Feb. 29, 2012

Feb. 29, 2012

PACER
74

ORDER granting 72 Motion for Writ of Habeas Corpus ad Testificandum. Please submit a proposed Writ of Habeas Corpus ad Testificandum for the Courts approval by Judge R. Brooke Jackson on 02/29/2012. Text Only Entry(rbjsec. ) (Entered: 02/29/2012)

Feb. 29, 2012

Feb. 29, 2012

PACER
75

Unopposed MOTION for Leave to Appear as Student Attorneys by Plaintiff Troy Anderson. (Attachments: # 1 Proposed Order (PDF Only) Student Attorney Appearance - Dusti, # 2 Proposed Order (PDF Only) Student Attorney Appearance - Shapiro, # 3 Proposed Order (PDF Only) Student Attorney Appearance - Doyle)(Rovner, Laura) (Entered: 03/01/2012)

1 Proposed Order (PDF Only) Student Attorney Appearance - Dusti

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2 Proposed Order (PDF Only) Student Attorney Appearance - Shapiro

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3 Proposed Order (PDF Only) Student Attorney Appearance - Doyle

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March 1, 2012

March 1, 2012

PACER
76

ORDER granting 75 Unopposed Motion for Leave to Appear as Student Attorneys: Lindsey Dusti, Lauren Shapiro, and Joseph Doyle, by Judge R. Brooke Jackson on 03/02/2012. Text Only Entry(rbjsec. ) (Entered: 03/02/2012)

March 2, 2012

March 2, 2012

PACER
77

MOTION in Limine Concerning the Admissibility of Portions of the Depositions of Defendants' Employees and Experts by Plaintiff Troy Anderson. (Attachments: # 1 Proposed Order (PDF Only), # 2 Declaration of Timothy P. Fox)(Fox, Timothy) (Entered: 03/07/2012)

1 Proposed Order (PDF Only)

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2 Declaration of Timothy P. Fox

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March 7, 2012

March 7, 2012

PACER
78

WRIT of of Habeas Corpus Ad Testificandum issued as to Troy Anderson. (sah, ) (Entered: 03/19/2012)

March 19, 2012

March 19, 2012

PACER
79

CERTIFICATE of Service by D.C.Box by Clerk of Court re 78 Writ Issued to Writ of Habeas Corpus Ad Testificandum to U.S.Marshal, via D.C. Box. Text Only Entry (sah, ) (Entered: 03/19/2012)

March 19, 2012

March 19, 2012

PACER
80

ORDER.Plaintiffs motion for partial summary judgment 47 is DENIED. Defendants motion for summary judgment 48 is GRANTED IN PART (as to denial of Strattera in 2004) AND DENIED IN PART (in all other respects). Plaintiffs motion to reopen discovery 65 is GRANTED IN PART (regarding a one-hour deposition of Dr. Tuakoi) AND DENIED IN PART (regarding the request to depose Dr. Lenocker). The Court does not address plaintiffs motion in limine concerning the admissibility of portions of depositions of defendants employees and experts 77 . However, the Court directs counsel to confer again, before the trial preparation conference, concerning these designations, bearing in mind (1) that the Court expects counsel reasonably to accommodate reasonable requests of opposing counsel, but (2) the Court generally prefers live testimony to deposition transcripts. By Judge R. Brooke Jackson on 3/26/2012.(sah, ) (Entered: 03/26/2012)

March 26, 2012

March 26, 2012

RECAP
81

RESPONSE to 77 MOTION in Limine Concerning the Admissibility of Portions of the Depositions of Defendants' Employees and Experts filed by Defendants Susan Jones, State of Colorado, Department of Corrections, Aristedes W. Zavaras. (Alber, Christopher) (Entered: 03/28/2012)

March 28, 2012

March 28, 2012

PACER
82

Witness List by Plaintiff Troy Anderson. (Robertson, Amy) (Entered: 03/29/2012)

March 29, 2012

March 29, 2012

PACER
83

Exhibit List by Plaintiff Troy Anderson. (Robertson, Amy) (Entered: 03/29/2012)

March 29, 2012

March 29, 2012

PACER
84

Exhibit List by Defendants Susan Jones, State of Colorado, Department of Corrections, Aristedes W. Zavaras. (Attachments: # 1 Exhibit Exhibit List)(Alber, Christopher) (Entered: 03/29/2012)

1 Exhibit Exhibit List

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March 29, 2012

March 29, 2012

PACER
85

Witness List by Defendants Susan Jones, State of Colorado, Department of Corrections, Aristedes W. Zavaras. (Attachments: # 1 Exhibit Witness List)(Alber, Christopher) (Entered: 03/29/2012)

1 Exhibit Witness List

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March 29, 2012

March 29, 2012

PACER
86

Unopposed MOTION for Leave to Present Testimony of Witnesses Via Videoconference, Or, In the Alternative, Petition for Writ of Habeas Corpus Ad Testificandum by Plaintiff Troy Anderson. (Rovner, Laura) (Entered: 03/29/2012)

March 29, 2012

March 29, 2012

PACER
87

MINUTE ENTRY - Courtroom Minutes for Trial Preparation Conference held on 3/30/2012 before Judge R. Brooke Jackson. ORDER granting as set forth on the record 77 Plaintiff's Motion in Limine Concerning the Admissibility of Portions of the Depositions of Defendants' Employees and Experts; granting in part and denying in part 86 Plaintiff's Unopposed Motion for Leave to Take Testimony of Nonparty Witnesses by Videoconference. (Court Reporter: Kara Spitler) (lbush) (Entered: 04/02/2012)

March 30, 2012

March 30, 2012

RECAP
88

NOTICE of Entry of Appearance by Jacquelynn Nichole Rich Fredericks on behalf of All Defendants (Rich Fredericks, Jacquelynn) (Entered: 04/05/2012)

April 5, 2012

April 5, 2012

PACER
89

Witness List by Plaintiff Troy Anderson. (Robertson, Amy) (Entered: 04/23/2012)

April 23, 2012

April 23, 2012

PACER
90

TRIAL BRIEF by Defendants Susan Jones, State of Colorado, Department of Corrections, Aristedes W. Zavaras. (Alber, Christopher) (Entered: 04/23/2012)

April 23, 2012

April 23, 2012

PACER
91

TRIAL BRIEF by Plaintiff Troy Anderson. (Glidden, Brittany) (Entered: 04/23/2012)

April 23, 2012

April 23, 2012

PACER

Case Details

State / Territory: Colorado

Case Type(s):

Prison Conditions

Special Collection(s):

Solitary confinement

Multi-LexSum (in sample)

Key Dates

Filing Date: May 3, 2010

Closing Date: 2015

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

Prisoner with mental disability who had been in segregation for twelve years without exercise.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Civil Rights Education and Enforcement Center

University of Denver Civil Rights Clinic

Public Interest Lawyer: Yes

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Colorado Department of Corrections (Canon City), State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Issues

General:

Administrative segregation

Classification / placement

Conditions of confinement

Confinement/isolation

Disciplinary segregation

Good time

Grievance Procedures

Recreation / Exercise

Rehabilitation

Solitary confinement/Supermax (conditions or process)

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Mental impairment

Mental Disability:

Mental Illness, Unspecified

Medical/Mental Health:

Medication, administration of

Mental health care, general

Type of Facility:

Government-run