Case: Kelly v. Corrections Corporation of America

1:11-cv-00185 | U.S. District Court for the District of Idaho

Filed Date: April 27, 2011

Closed Date: May 23, 2016

Clearinghouse coding complete

Case Summary

This case sprang from Riggs v. Rodriguez (docket #: 1:09-cv-00010-EJL), which Riggs filed pro se seeking compensatory and punitive damages for the Correction Corporation of America's (CCA) alleged failure to prevent his assault and provide adequate medical treatment. Lawyers from the American Civil Liberties Union (ACLU) agreed to take his case and filed an amended complaint that added a class action lawsuit seeking only injunctive relief with several new named plaintiffs. After a series of disputes about whether the class action and Riggs' case should proceed together, the plaintiffs in the class action lawsuit moved to sever their case from the monetary claims. The court granted their motion on April 27, 2011 and allowed the plaintiffs to file an amended complaint that same day which serves as the basis for this lawsuit. This case was assigned to Judge Edward J. Lodge and referred to Judge David O. Carter for settlement negotiations.

Eight inmates at Idaho Correctional Center (ICC) brought this class action in the U.S. District Court for the District of Idaho on behalf of all those who were or would be imprisoned at ICC. Claiming their 8th and 14th Amendment rights to be protected against assault from other prisoners had been violated in pursuit of profit, the plaintiffs sued under 42 U.S.C. § 1983. Specifically, the plaintiffs alleged that CCA created a substantial and unnecessary risk of assault and failed to protect inmates against assault because of the following practices: running the prison near or above full capacity, hiring inadequate numbers of staff to supervise and protect inmates, employing poor training, failing to investigate and provide a report for each incident, threatening to and intentionally placing inmates near particularly violent/predatory individuals (often to force an inmate to be an informant), ignoring inmates' requests to be moved, failing to discipline or refer for prosecution prisoners who assaulted other inmates, failing to investigate and discipline staff whose actions caused or contributed to assaults, and concealing institutional problems with violence by issuing disciplinary citations to victims of assault, and refusing to take x-rays or perform other medical tests that would reveal the extent of inmates' injuries.

The parties came to a settlement agreement on September 16, 2011. The agreement was filed with the court and entered on September 20, 2011 along with a voluntary dismissal of all claims with prejudice. The agreement provided for a variety of reporting, investigating, training, and staffing requirements. Several of the provisions required CCA to meet the terms of its contract and follow Idaho Department of Corrections (IDOC) Standard Operating Procedures, though some provisions required CCA to exceed them. The terms also required CCA to make housing assignments based on all relevant safety considerations, to place inmates who claimed to be at risk of assault into appropriate housing, and refer all cases that appeared to be serious enough to qualify as aggravated battery to the county sheriff. Attorneys' fees and costs were confidential under the agreement, which was to last for 2 years. The court retained jurisdiction under the agreement as a last resort to resolve disputes.

Between December 2012 and January 2013, CCA and IDOC received reports that staffing records at ICC had been falsified during the post-settlement period. IDOC initiated an audit of ICC’s staffing records and CCA hired an investigator. On April 11, 2013, IDOC issued a press release, stating that CCA’s employees had falsified staffing records to represent that correctional officers were staffing mandatory security posts when those posts had in fact been vacant for a total of nearly 4,800 hours during a seven-month period in 2012. That same day, CCA issued its own press release stating there were “some inaccuracies” in its staffing records.

On February 21, 2013, the parties amended the stipulation. The court adopted the amendment on March 1, 2013. The amendment provided for the appointment of an independent investigator and shifted reviewing duties to the investigator. The amendment also required the investigator to examine at least 30% of the monthly reports and report on whether they were complete or deficient.

In June 2013, the plaintiffs moved in the district court for an order to show cause as to why CCA should not be held in contempt for violating the court’s dismissal order. The district court referred the motion to Judge Carter, sitting by special designation in the District of Idaho. CCA opposed the motion, partly on the ground that the district court did not have jurisdiction to enforce the settlement agreement. The district court held it had jurisdiction to enforce the settlement agreement and issued the requested order.

On September 16, 2013, Judge Carter held the defendants in contempt for violating the settlement agreement and extended the settlement by two years. 979 F. Supp. 2d 1104. The defendants appealed.

On February 20, 2014, the court approved the plaintiffs' motion for attorneys’ fees. 7 F. Supp. 3d 1069. The plaintiffs were awarded $349,018.52 in fees and costs. The defendants appealed this ruling as well.

On May 23, 2016, the Court of Appeals for the Ninth Circuit affirmed both the contempt finding and the attorneys’ fees in a unanimous opinion by Judge William Fletcher (joined by Judges Fisher and Wilken). 822 F.3d 1085. The court reasoned that the contempt finding was warranted because CCA did not take all reasonable steps to comply with the order, as is required by well-established law, and because the contempt finding was civil in nature, and therefore did not require procedural safeguards applicable in criminal proceedings. The court deemed the extension of the settlement agreement within the district court’s power. The court further concluded that the attorneys’ fees award did not violate the PLRA.

The defendants petitioned for a rehearing en banc. On July 7, 2016, the Court of Appeals denied the petition.

On August 25, 2016, the appellee’s motion for attorneys’ fees was referred to Appellate Commissioner Peter L. Shaw. Appellants did not dispute appellee’s eligibility for fees, but did dispute the reasonableness of the requested hours and fees amount. On August 29, the motion for fees was referred to the Circuit Mediator. On October 24, 2016, the court issued an order stating that the parties informed the court that they had resolved the motion for attorneys’ fees. The order did not contain information about the fees amount.

This case is now closed.

Summary Authors

Kenneth Gray (7/10/2013)

Katherine Reineck (2/14/2016)

Julie Singer (3/6/2017)

Hannah Greenhouse (3/21/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4903012/parties/kelly-v-wengler/

Judge(s)

Carter, David O. (California)

Attorney for Plaintiff

Bojanowski, Timothy J (Arizona)

Cooper, Lea C. (Idaho)

Attorney for Defendant

Burger, Gary Harold (Arizona)

Expert/Monitor/Master/Other

Brown, Charles A. (Idaho)

Judge(s)

Carter, David O. (California)

Fletcher, William A. (California)

Lodge, Edward J. (Idaho)

Attorney for Plaintiff

Bojanowski, Timothy J (Arizona)

Cooper, Lea C. (Idaho)

Eppink, Richard Allen (Idaho)

Huegli, James D (Idaho)

Naylor, Kirtlan G. (Idaho)

Pevar, Stephen L. (Connecticut)

Stoll, James R. (Idaho)

Struck, Daniel Patrick (Arizona)

Attorney for Defendant

Burger, Gary Harold (Arizona)

Popolizio, Joseph John (Arizona)

Wahlin, Lisa S. (Arizona)

Zoellner, Tara B. (Arizona)

Other

Brown, Charles A. (Idaho)

Shulz, David A. (New York)

Zansberg, Steven David (Colorado)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1:11-cv-00185	Docket [PACER] Kelly v. Wengler	Oct. 24, 2016	Oct. 24, 2016 Docket
143-2 1:11-cv-00185	Amended Class Action Complaint for Injunctive and Declaratory Relief Kelly v. Wengler	Feb. 21, 2011	Feb. 21, 2011 Complaint
2 1:09-cv-00010	Memorandum Order Riggs v. Valdez	April 27, 2011	April 27, 2011 Order/Opinion
25 1:11-cv-00185	Stipulation for Dismissal (with Consent Decree) Kelly v. Timothy Wengler and Corrections Corporation of America, Inc.	Sept. 20, 2011	Sept. 20, 2011 Settlement Agreement
26 1:11-cv-00185	Order for Dismissal Kelly v. Wengler	Sept. 20, 2011	Sept. 20, 2011 Order/Opinion
56 1:11-cv-00185	Memorandum Decision and Order Kelly v. Wengler	July 12, 2013	July 12, 2013 Order/Opinion 979 F.Supp.2d 1237
76 1:11-cv-00185	Memorandum and Order Kelly v. Wengler	Sept. 16, 2013	Sept. 16, 2013 Order/Opinion 979 F.Supp.2d 1104
129 1:11-cv-00185	Order Granting Attorney Fees Kelly v. Wengler	Feb. 20, 2014	Feb. 20, 2014 Order/Opinion 7 F.Supp.3d 1069
1:11-cv-00185 13-35972 14-35199	Opinion Kelly v. Wengler U.S. Court of Appeals for the Ninth Circuit	May 23, 2016	May 23, 2016 Order/Opinion 822 F.3d 1085

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4903012/kelly-v-wengler/

Last updated June 14, 2026, 6:29 a.m.

ECF Number	Date	Description	Link
1	April 27, 2011	AMENDED CLASS ACTION COMPLAINT TO DECLARATORY AND INJUNCTIVE RELIEF against Corrections Corporation of America, Inc, Timothy Wengler, filed by Prisoner A, Michael Miera, Andrew Ibarra, Randy Enzminger, Joshua Kelly, Ray Barrios, Prisoner F, Jose Pina.(dks)	RECAP
2	April 27, 2011	MEMORANDUM ORDER (Docketed in CV 09-10-S-EJL and also ordered to place in new CV 11-185-S-EJL). Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dks)	RECAP
3	May 4, 2011	NOTICE by Corrections Corporation of America, Inc, Timothy Wengler of Filing Redacted Exhibit C to Defendants' Response to Plaintiffs' Motion for Preliminary Injunction and Partial Summary Judgment, and Related Errata (Attachments: # 1 Affidavit of Melodee Armfield (redacted), # 2 Exhibit to Melodee Armfield Affidavit (Part I of IV Parts), # 3 Exhibit Melodee Armfield Affidavit (Part II of IV Parts), # 4 Exhibit Melodee Armfield Affidavit (Part III of IV Parts), # 5 Exhibit Melodee Armfield Affidavit (Part IV of IV Parts))(Zoellner, Tara)	RECAP
4	May 4, 2011	AMENDED DOCUMENT by Corrections Corporation of America, Inc, Timothy Wengler. Notice of Filing Redacted Exhibit C to Defendants' Response to Plaintiffs' Motion for Preliminary Injunction and Partial Summary Judgment, and Related Errata. (Attachments: # 1 Exhibit Notice of Errata, # 2 Affidavit of Melodee Armfield (Redacted), # 3 Exhibit to Melodee Armfield Affidavit (Part I of IV Parts), # 4 Exhibit to Melodee Armfield Affidavit (Part II of IV Parts), # 5 Exhibit to Melodee Armfield Affidavit (Part IIII of IV Parts), # 6 Exhibit to Melodee Armfield Affidavit (Part IV of IV Parts))(Struck, Daniel)	RECAP
5	May 16, 2011	MOTION to Dismiss Plaintiffs Miera and "Inmate F" Daniel Patrick Struck appearing for Defendants Corrections Corporation of America, Inc, Timothy Wengler. Responses due by 6/9/2011 (Struck, Daniel)	RECAP
6	May 16, 2011	MEMORANDUM in Support re 5 MOTION to Dismiss Plaintiffs Miera and "Inmate F" filed by Corrections Corporation of America, Inc, Timothy Wengler. (Attachments: # 1 Exhibit Affidavit of Chester Penn with Attachment A)(Struck, Daniel)	RECAP
7	May 16, 2011	ANSWER to 1 Complaint, Complaint Plaintiffs' Amended Class Action Complaint for Declaratory and Injunctive Relief by Corrections Corporation of America, Inc, Timothy Wengler.(Struck, Daniel)	RECAP
8	May 18, 2011	NOTICE of Availability of Magistrate Judge and Requirement for Consent sent to counsel for Ray Barrios, Corrections Corporation of America, Inc, Randy Enzminger, Andrew Ibarra, Joshua Kelly, Michael Miera, Jose Pina, Prisoner A, Prisoner F, Timothy Wengler re 7 Answer to Complaint, 1 Complaint, Consent/Objection to Magistrate due by 7/21/2011. (jm)	RECAP
9	May 18, 2011	SCHEDULING CONFERENCE FORM - LITIGATION PLAN by Corrections Corporation of America, Inc, Timothy Wengler. (Struck, Daniel)	RECAP
10	May 24, 2011	RESPONSE to Motion re 5 MOTION to Dismiss Plaintiffs Miera and "Inmate F" filed by Ray Barrios, Randy Enzminger, Andrew Ibarra, Joshua Kelly, Michael Miera, Jose Pina, Prisoner A. Replies due by 6/10/2011. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Pevar, Stephen)	RECAP
11	May 24, 2011	SCHEDULING ORDER-Amended Pleadings due by 6/15/2011. Discovery due by 1/15/2012. Joinder of Parties due by 6/15/2011. Motions due by 2/13/2012.. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dks)	RECAP
12	June 10, 2011	MOTION to Certify Class Stephen L Pevar appearing for Plaintiffs Ray Barrios, Randy Enzminger, Andrew Ibarra, Joshua Kelly, Michael Miera, Jose Pina, Prisoner A, Prisoner F. Responses due by 7/5/2011 (Pevar, Stephen)	RECAP
13	June 10, 2011	MEMORANDUM in Support re 12 MOTION to Certify Class filed by Ray Barrios, Randy Enzminger, Andrew Ibarra, Joshua Kelly, Michael Miera, Jose Pina, Prisoner A, Prisoner F. (Attachments: # 1 Affidavit, # 2 Affidavit, # 3 Affidavit, # 4 Errata)(Pevar, Stephen)	RECAP
14	June 10, 2011	Sealed Document Re: 13 Memorandum in Support of Motion, Memorandum in Support of Motion. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Pevar, Stephen)	RECAP
15	June 10, 2011	REPLY to Response to Motion re 5 MOTION to Dismiss Plaintiffs Miera and "Inmate F" filed by Corrections Corporation of America, Inc, Timothy Wengler. (Attachments: # 1 Exhibit)(Zoellner, Tara)	RECAP
16	June 13, 2011	DOCKET ENTRY ORDER - IT IS HEREBY ORDERED THAT this matter shall be referred to The Honorable David O. Carter, United States District Judge for the Central District of California, for the purpose of conducting a settlement conference. Local Rule 16.4. A telephone status conference shall be held with counsel and Judge Carter on Thursday, June 23, 2011 at 3:30 p.m. (Mountain time), which is 2:30 p.m. (Pacific time) to discuss potential dates for the settlement conference in this case, and also in Riggs v. Rodriguez (CV-09-10-S-EJL). The parties shall use the following call-in information: Phone Number (816) 650-0725, with the Prompt Code as 5443366. Counsel may contact Susie Headlee, the ADR Director, at (208) 334-9067 if they have questions. Signed by Judge Edward J. Lodge. (sbh)	RECAP
	June 13, 2011	Set/Reset Hearings: Telephonic Scheduling Conference set for 6/23/2011 03:30 PM in Other before Judge David O. Carter. (dks)
17	June 16, 2011	NOTICE of Change of Address by Daniel Patrick Struck (Struck, Daniel)	RECAP
18	June 28, 2011	MOTION to Withdraw as Attorney (Joseph J. Popolizio) Tara B Zoellner appearing for Defendants Corrections Corporation of America, Inc, Timothy Wengler. Responses due by 7/22/2011 (Zoellner, Tara)	RECAP
19	July 5, 2011	MOTION to Stay Class Certification Briefing Daniel Patrick Struck appearing for Defendants Corrections Corporation of America, Inc, Timothy Wengler. Responses due by 7/29/2011 (Attachments: # 1 Memorandum in Support Memorandum in Support of Motion to Stay Class Certification Briefing (Dkt. #19), # 2 Exhibit A through D)(Struck, Daniel)	RECAP
20	July 6, 2011	ORDER granting 18 Motion to Withdraw as Attorney. Attorney Joseph J Popolizio terminated for dfts, Corrections Corporation of America and Wengler. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dks)	RECAP
21	July 13, 2011	ORDER SETTING SETTLEMENT CONFERENCE AND SETTLEMENT CONFERENCE QUESTIONNAIRE, ( Settlement Conference set for 9/13/2011 through 9/15/2011 08:30 AM in Boise - Courtroom 1 before Judge David O. Carter.). Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dks) (Entered: 07/14/2011)	RECAP
22	July 18, 2011	STIPULATION re 19 MOTION to Stay Class Certification Briefing by Corrections Corporation of America, Inc, Timothy Wengler. (Zoellner, Tara)	RECAP
23	July 19, 2011	ORDER adopting 22 Stipulation filed by Timothy Wengler, Corrections Corporation of America, Inc; Defendants response to Plaintiffs Motion for Class Certification is due no later than 60 days from the date the Court rules on Defendants Motion to Dismiss, Finding as moot: 19 MOTION to Stay Class Certification Briefing filed by Timothy Wengler, Corrections Corporation of America, Inc.. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dks)	RECAP
	July 22, 2011	The 60 day deadline has expired. Case will remain with District Judge. No more notice of availability will be sent out. (cjm)
24	Sept. 2, 2011	ORDER to Transport ; IDOC to take appropriate measures to transport Andrew Ibarra, Joshua Kelly and Michael Miera to Courtroom #1, 6th Floor, 550 W Fort St., Boise, ID on 9/13/11 - 9/15/11 beginning at 8:30 a.m. (Notice sent to USMS). Signed by Judge David O. Carter. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dks)	RECAP
27	Sept. 15, 2011	Minute Entry for proceedings held before Judge David O. Carter: Settlement Conference held on 9/15/2011, Sealed Document. (so) (Main Document 27 replaced on 3/25/2014 to correct case number) (so). (Entered: 09/21/2011)	RECAP
25	Sept. 20, 2011	STIPULATION of Dismissal w/Exhibit A by Corrections Corporation of America, Inc, Timothy Wengler. (Naylor, Kirtlan)	RECAP
26	Sept. 20, 2011	ORDER granting 25 Stipulation of Dismissal with prejudice filed by Timothy Wengler, Corrections Corporation of America, Inc. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dks)	RECAP
28	Dec. 16, 2011	MINUTE ORDER. (sealed) Signed by Judge David O. Carter. (jm)	RECAP
29	Dec. 26, 2011	MOTION to Alter Judgment Stephen L Pevar appearing for Plaintiffs Ray Barrios, Randy Enzminger, Andrew Ibarra, Joshua Kelly, Michael Miera, Jose Pina, Prisoner A. Responses due by 1/20/2012 (Pevar, Stephen)	RECAP
30	Jan. 4, 2012	RESPONSE to Motion re 29 MOTION to Alter Judgment filed by Corrections Corporation of America, Inc, Timothy Wengler. Replies due by 1/23/2012.(Naylor, Kirtlan)	RECAP
31	Jan. 23, 2012	REPLY to Response to Motion re 29 MOTION to Alter Judgment filed by Randy Enzminger, Andrew Ibarra, Joshua Kelly, Michael Miera, Jose Pina, Prisoner A.(Pevar, Stephen)	RECAP
32	May 25, 2012	NOTICE of Substitution - Attorney Richard Alan Eppink for Ray Barrios,Richard Alan Eppink for Randy Enzminger,Richard Alan Eppink for Andrew Ibarra,Richard Alan Eppink for Joshua Kelly,Richard Alan Eppink for Michael Miera,Richard Alan Eppink for Jose Pina,Richard Alan Eppink for Prisoner A,Richard Alan Eppink for Prisoner F added. Attorney Lea Candy Cooper terminated. (Eppink, Richard)	RECAP
33	Aug. 8, 2012	ORDER denying 29 Plaintiffs' Motion to Alter or amend. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ja)	RECAP
34	Aug. 17, 2012	RETURN MAIL undelivered as to Gary Harold Burger re: 33 Order on Motion to Alter Judgment (dks)	RECAP
35	Nov. 16, 2012	MINUTE ORDER. Signed by Judge David O. Carter. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (krb)	RECAP
36	Feb. 21, 2013	STIPULATION by Ray Barrios, Corrections Corporation of America, Inc, Randy Enzminger, Andrew Ibarra, Joshua Kelly, Michael Miera, Jose Pina, Prisoner A, Prisoner F, Timothy Wengler. (Naylor, Kirtlan)	RECAP
37	March 1, 2013	STIPULATION Re: Addendum to Release Agreement by Ray Barrios, Corrections Corporation of America, Inc, Randy Enzminger, Andrew Ibarra, Joshua Kelly, Michael Miera, Jose Pina, Timothy Wengler. (Attachments: # 1 Exh. A-Addendum to Release Agmt.)(Naylor, Kirtlan)	RECAP
38	March 1, 2013	ORDER re 37 Stipulation, filed by Randy Enzminger, Jose Pina, Michael Miera, Timothy Wengler, Ray Barrios, Joshua Kelly, Andrew Ibarra, Corrections Corporation of America, Inc, 36 Stipulation filed by Michael Miera, Timothy Wengler, Ray Barrios, Joshua Kelly, Andrew Ibarra, Randy Enzminger, Prisoner A, Jose Pina, Prisoner F, Corrections Corporation of America, Inc. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (krb)	RECAP
39	June 11, 2013	First SEALED MOTION Stephen L Pevar appearing for Plaintiffs Ray Barrios, Randy Enzminger, Andrew Ibarra, Joshua Kelly, Michael Miera, Jose Pina, Prisoner A, Prisoner F. Responses due by 7/5/2013 (Pevar, Stephen)	RECAP
40	June 11, 2013	Second SEALED MOTION Stephen L Pevar appearing for Plaintiffs Ray Barrios, Randy Enzminger, Andrew Ibarra, Joshua Kelly, Michael Miera, Jose Pina, Prisoner A, Prisoner F. Responses due by 7/5/2013 (Pevar, Stephen)	RECAP
41	June 11, 2013	Sealed Document Re: 39 First SEALED MOTION Affidavit A in Support of First Sealed Motion. (Eppink, Richard)	RECAP
42	June 11, 2013	Sealed Document Re: 39 First SEALED MOTION Affidavit B in Support of First Sealed Motion. (Eppink, Richard)	RECAP
43	June 11, 2013	Sealed Document Re: 39 First SEALED MOTION Affidavit C in Support of First Sealed Motion. (Eppink, Richard)	RECAP
44	June 12, 2013	ORDER (sealed) Re: 40 Second SEALED MOTION, 39 First SEALED MOTION . Signed by Judge Edward J. Lodge. ((krb)	RECAP
45	June 13, 2013	ORDER. Re: 40 Second SEALED MOTION Signed by Judge David O. Carter. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (krb) (Entered: 06/14/2013)	RECAP
	June 14, 2013	Reset Deadlines as to 40 Second SEALED MOTION . Responses due by 6/21/2013 (krb)
46	June 20, 2013	Sealed Document Re: 40 Second SEALED MOTION, 39 First SEALED MOTION . (Naylor, Kirtlan)	RECAP
47	June 20, 2013	Sealed Document Re: 46 Sealed Document . (Eppink, Richard)	RECAP
48	June 21, 2013	Sealed Document Re: 40 Second SEALED MOTION, 39 First SEALED MOTION . (Attachments: # 1 Appendix)(Eppink, Richard)	RECAP
49	June 21, 2013	ORDER re 40 Second SEALED MOTION filed by Michael Miera, Ray Barrios, Joshua Kelly, Andrew Ibarra, Randy Enzminger, Prisoner A, Jose Pina, Prisoner F, 39 First SEALED MOTION filed by Michael Miera, Ray Barrios, Joshua Kelly, Andrew Ibarra, Prisoner A, Randy Enzminger, Jose Pina, Prisoner F. Signed by Judge David O. Carter. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (krb)	RECAP
	June 21, 2013	Set/Reset Deadlines as to 40 Second SEALED MOTION, 39 First SEALED MOTION . Responses due by 6/24/2013 (krb)
50	June 24, 2013	SEALED MOTION Stephen L Pevar appearing for Plaintiffs Ray Barrios, Randy Enzminger, Andrew Ibarra, Joshua Kelly, Michael Miera, Jose Pina, Prisoner A, Prisoner F. Responses due by 7/18/2013 (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Pevar, Stephen)	RECAP
51	June 24, 2013	SEALED RESPONSE to Motion re 40 Second SEALED MOTION, 39 First SEALED MOTION filed by Corrections Corporation of America, Inc, Timothy Wengler. Replies due by 7/11/2013. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Struck, Daniel)	RECAP
52	June 24, 2013	Sealed Document Re: 45 Order, Document Sealed Defendants' Briefing Re: Sealed Pleadings. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Struck, Daniel)	RECAP
53	June 25, 2013	Sealed Document Re: 50 SEALED MOTION . (Attachments: # 1 Exhibit, # 2 Exhibit)(Eppink, Richard)	RECAP
54	June 26, 2013	SEALED RESPONSE to Motion re 39 First SEALED MOTION, 50 SEALED MOTION filed by Corrections Corporation of America, Inc, Timothy Wengler. Replies due by 7/15/2013. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Struck, Daniel)	RECAP
55	June 27, 2013	SEALED RESPONSE to Motion re 50 SEALED MOTION, 39 First SEALED MOTION filed by Ray Barrios, Corrections Corporation of America, Inc, Randy Enzminger, Andrew Ibarra, Joshua Kelly, Michael Miera, Jose Pina. Replies due by 7/15/2013.(Pevar, Stephen)	RECAP
56	July 12, 2013	SEALED ORDER re 39 First SEALED MOTION; 40 Second SEALED MOTION . Signed by Judge David O. Carter. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjm) Modified on 10/28/2013 to reflect Order unsealed per Order 68 entered 8/16/2013 (cjm).	RECAP
57	July 16, 2013	ORDER OF TRANSPORT; IDOC to take appropriate measures to transport Michael Miera #91654 (ICC), Andrew Ibarra #40889 (IMSI), and Joshua Kelly #63736 (IMSI) to Boise, Courtroom #1 on 8/7/2013 beginning at 8:00 a.m. The Clerk of Court shall provide notice to the applicable IDOC staff (Notice sent to USMS). Signed by Judge David O. Carter. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjm)	RECAP
58	July 16, 2013	Sealed Document . (Eppink, Richard)	RECAP
	July 16, 2013	CERTIFICATE OF SERVICE by Clerk of Court of emailing 57 Order of Transport to jcash@idoc.idaho.gov, vbates@idoc.idaho.gov, sthompso@idoc.idaho.gov. (cjm)
59	July 31, 2013	DOCKET ENTRY ORDER - Dockets 39-56 and 58 are currently under seal. The Court anticipates unsealing those documents, with very limited redactions supported by specific concerns. The parties should submit by e-mail to ADR Coordinator Susie Boring-Headlee any limited redactions that they propose to those documents. Such proposed redactions shall be due by Thursday, August 1, 2013, 7:00 p.m. (Mountain Standard Time). Signed by Judge David O. Carter (sbh).	RECAP
60	July 31, 2013	ORDER ON MOTION TO UNSEAL granting 50 Sealed Motion. Signed by Judge David O. Carter. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (krb) (Entered: 08/01/2013)	RECAP
61	Aug. 6, 2013	ORDER UNSEALING DOCKETS 44 THROUGH 50, 53 THROUGH 55, AND 58 re 48 Sealed Document, 58 Sealed Document, 46 Sealed Document, 53 Sealed Document, 47 Sealed Document, 44 Sealed Document, 54 Sealed Response to Motion, filed by Timothy Wengler, Corrections Corporation of America, Inc, 45 Order, Document Sealed, 49 Order, Sealed Order,, 50 SEALED MOTION filed by Michael Miera, Ray Barrios, Joshua Kelly, Andrew Ibarra, Randy Enzminger, Prisoner A, Jose Pina, Prisoner F, 55 Sealed Response to Motion, filed by Michael Miera, Ray Barrios, Joshua Kelly, Andrew Ibarra, Randy Enzminger, Jose Pina, Corrections Corporation of America, Inc. Signed by Judge David O. Carter. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (krb)	RECAP
63	Aug. 7, 2013	Minute Entry for proceedings held before Judge David O. Carter: Show Cause Hearing held on 8/7/2013, ( Show Cause Hearing set for 8/8/2013 08:00 AM in Boise - Courtroom 1 before Judge David O. Carter.). (Court Reporter/ESR Christina Rhodes.) (krb) (Entered: 08/09/2013)	RECAP
	Aug. 7, 2013	Set/Reset Hearings: Show Cause Hearing Continued to 8/8/2013 08:00 AM in Boise - Courtroom 1 before Judge David O. Carter. (so)
62	Aug. 8, 2013	MEMORANDUM/BRIEF filed by Corrections Corporation of America, Inc, Timothy Wengler - Defendants' Hearing Brief. (Struck, Daniel)	RECAP
64	Aug. 8, 2013	Minute Entry for proceedings held before Judge David O. Carter: Show Cause Hearing held on 8/8/2013. (Court Reporter/ESR Christine Rhodes.) (krb) (Entered: 08/09/2013)	RECAP
65	Aug. 12, 2013	TRIAL BRIEF by Ray Barrios, Randy Enzminger, Andrew Ibarra, Joshua Kelly, Michael Miera, Jose Pina. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2)(Pevar, Stephen)	RECAP
66	Aug. 14, 2013	SUPPLEMENT by Defendants Corrections Corporation of America, Inc, Timothy Wengler re 62 Memorandum/Brief (generic) . (Attachments: # 1 Exhibit Deposition Excerpts)(Struck, Daniel)	RECAP
67	Aug. 14, 2013	TRIAL BRIEF Plaintiffs' Response to Defendants' Supplemental Hearing Brief by Ray Barrios, Randy Enzminger, Andrew Ibarra, Joshua Kelly, Michael Miera, Jose Pina, Prisoner A, Prisoner F. (Eppink, Richard)	RECAP
68	Aug. 16, 2013	ORDER RESOLVING REMAINING ISSUES ON SEALED DOCUMENTS The documents at Dockets 39, 40, 51-2 (meaning only Exhibit 2 to Docket 51), 51-3 (only Ex. 3) 56, are unsealed with no redactions. The documents at Dockets 41-43, 51 (main document), and 51-1 (only Ex. 1) are unsealed with limited redactions performed by the Court. Signed by Judge David O. Carter. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)	RECAP
69	Aug. 16, 2013	REDACTION to 41 Sealed Document by Ray Barrios, Randy Enzminger, Andrew Ibarra, Joshua Kelly, Michael Miera, Jose Pina, Prisoner A, Prisoner F. (Per Order Docket 68) (jp)	RECAP
70	Aug. 16, 2013	REDACTION to 42 Sealed Document by Ray Barrios, Randy Enzminger, Andrew Ibarra, Joshua Kelly, Michael Miera, Jose Pina, Prisoner A, Prisoner F. (as per Order dkt 68) (jp)	RECAP
71	Aug. 16, 2013	REDACTION to 43 Sealed Document by Ray Barrios, Randy Enzminger, Andrew Ibarra, Joshua Kelly, Michael Miera, Jose Pina, Prisoner A, Prisoner F. (Per Order dkt 68) (jp)	RECAP
72	Aug. 16, 2013	REDACTION to 51 Sealed Response to Motion, by Corrections Corporation of America, Inc, Timothy Wengler. (Per Order dkt 68)(jp)	RECAP
73	Aug. 16, 2013	REDACTION to 51 -1 Exhibit 1, by Corrections Corporation of America, Inc, Timothy Wengler. ( Per Order dkt 68)(jp)	RECAP
74	Sept. 12, 2013	MOTION to Expedite and Motion to Temporarily Extend Deadline Stephen L Pevar appearing for Plaintiffs Ray Barrios, Randy Enzminger, Andrew Ibarra, Joshua Kelly, Michael Miera, Jose Pina, Prisoner A, Prisoner F. Responses due by 10/7/2013 (Pevar, Stephen)	RECAP
75	Sept. 13, 2013	ORDER TEMPORARILY EXTENDING SETTLEMENT AGREEMENT granting 74 Motion to Expedite. The Courts considers the Motion on an expedited basis, and the Settlement Agreement is extended for a period of 15 days. Signed by Judge David O. Carter. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (krb)	RECAP
76	Sept. 16, 2013	MEMORANDUM DECISION AND ORDER re 75 Order on Motion to Expedite,. Signed by Judge David O. Carter. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (krb)	RECAP
77	Sept. 23, 2013	MOTION to Clarify [Dkt. 76] Daniel Patrick Struck appearing for Defendants Corrections Corporation of America, Inc, Timothy Wengler. Responses due by 10/18/2013 (Struck, Daniel)	RECAP
78	Sept. 25, 2013	MOTION for Extension of Time to File Motion For Attorney Fees Stephen L Pevar appearing for Plaintiffs Ray Barrios, Randy Enzminger, Andrew Ibarra, Joshua Kelly, Michael Miera, Jose Pina, Prisoner A, Prisoner F. Responses due by 10/21/2013 (Pevar, Stephen)	RECAP
79	Sept. 26, 2013	ORDER REGARDING AN INDEPENDENT MONITOR re 76 Order, ( Case Management deadline set for 9/30/2013.). Signed by Judge David O. Carter. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (krb)	RECAP
80	Sept. 26, 2013	DOCKET ENTRY ORDER - Pending before the Court is the Motion for an Extension of Time 78 for filing a Motion for Attorney Fees. The Court having considered the pleadings shall grant the Motion. IT IS HEREBY ORDERED THAT the Motion for an Extension of Time is granted, and it shall be filed within fourteen (14) days after the Court issues a decision on CCA's Motion to Clarify 77 . Signed by Judge David O. Carter (sbh).	RECAP
81	Sept. 27, 2013	STIPULATION re 79 Order, Set Deadlines/Hearings,, for Independent Monitor by Corrections Corporation of America, Inc, Timothy Wengler. (Naylor, Kirtlan)	RECAP
82	Sept. 30, 2013	ORDER for New Monitor Proposals re 81 Stipulation filed by Timothy Wengler, Corrections Corporation of America, Inc. By 5:00 p.m. Mountain Time on 10/7/13, the parties are ORDERED to either: 1) jointly file the name, with resume or CV, of an agreed-upon monitor, OR 2) separately file the names, with resumes or CVs, of two possible monitors that each party considers appropriate. ( Case Management deadline set for 10/7/2013). Signed by Judge David O. Carter. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)	RECAP
83	Oct. 7, 2013	STIPULATION re 79 Order, Set Deadlines/Hearings,, 82 Order, Set Deadlines/Hearings,,,, for Independent Monitor by Ray Barrios, Randy Enzminger, Andrew Ibarra, Joshua Kelly, Michael Miera, Jose Pina. (Eppink, Richard)	RECAP
84	Oct. 9, 2013	RESPONSE to Motion re 77 MOTION to Clarify [Dkt. 76] filed by Ray Barrios, Randy Enzminger, Andrew Ibarra, Joshua Kelly, Michael Miera, Jose Pina, Prisoner A, Prisoner F. Replies due by 10/28/2013.(Pevar, Stephen)	RECAP
85	Oct. 10, 2013	ORDER Approving Stipulation and Apponting Independent Monitor, re 76 Order, 83 Stipulation, Edward Leach is hereby APPOINTED as the Court's monitor. Proposed plan should be submitted to the Court via email to the ADRCoordinator and provided to both parties on or before October 25, 2013: (Case Management deadline set for 10/25/2013). Signed by Judge David O. Carter. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)	RECAP
86	Oct. 16, 2013	NOTICE OF APPEAL as to 76 Order, 45 Order 79 Order, 85 Order, 68 Order, 60 Order, 61 Order, 75 Order, 56 Order, 82 Order,by Corrections Corporation of America, Inc, Timothy Wengler. Filing fee $ 455, receipt number 0976-1072426. (Notice sent to Court Reporter & 9th Cir) (Attachments: # 1 Representation Statement)(Struck, Daniel) Modified on 10/17/2013 to edit text (jp).(13-35972).	RECAP
87	Oct. 18, 2013	USCA Case Number 13-35972 for 86 Notice of Appeal, filed by Timothy Wengler, Corrections Corporation of America, Inc. (jp)	RECAP
88	Oct. 18, 2013	USCA Time Schedule Order as to 86 Notice of Appeal, filed by Timothy Wengler, Corrections Corporation of America, Inc. (Notice sent by e-mail to Court Reporter) (jp)	RECAP
89	Oct. 23, 2013	REPLY to Response to Motion re 77 MOTION to Clarify [Dkt. 76] filed by Corrections Corporation of America, Inc, Timothy Wengler.(Zoellner, Tara)	RECAP
90	Oct. 28, 2013	NOTICE by Corrections Corporation of America, Inc, Timothy Wengler - Transcript Designation (Struck, Daniel)	RECAP
91	Oct. 29, 2013	ORDER denying 77 Motion for Clarification. Signed by Judge David O. Carter. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)	RECAP
92	Oct. 29, 2013	ORDER APPROVING MONITORING PLAN AND SETTING SCHEDULE. Signed by Judge David O. Carter. (Attachments: # 1 ICC Independent Monitor Final Action Plan)(caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)	RECAP
93	Oct. 29, 2013	DOCKET ENTRY ORDER - The date in the first line of the Order 77 Denying the Motion for Clarification 76 shall be corrected to September 16, 2013 instead of May 29,2013. Signed by Judge David O. Carter (sbh).	RECAP
	Oct. 29, 2013	CORRECTIVE ENTRY - The entry docket number 90 Notice (Other) filed by Timothy Wengler, Corrections Corporation of America, Inc was filed using the incorrect docket event. The filing party shall re-submit their filing using "Appeal Transcript Request" so the 9CCA and court reporter get notified properly. (jp)

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Case Details

State / Territory:

Idaho

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Prison Legal News

Key Dates

Filing Date: April 27, 2011

Closing Date: May 23, 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Eight inmates who had at various times been assaulted by other inmates at the Idaho Correctional Center filing on behalf of themselves and similarly situated individuals

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Private Entity/Person

Corrections Corporation of America

Defendant Type(s):

Corrections

Facility Type(s):

Non-government for-profit

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Other Dockets:

District of Idaho 1:11-cv-00185

District of Idaho 1:09-cv-00010

U.S. Court of Appeals for the Ninth Circuit 13-35972

U.S. Court of Appeals for the Ninth Circuit 14-35199

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Voluntary Dismissal

Content of Injunction:

Order Duration: 2011 - 2015

Issues

General/Misc.:

Classification / placement

Disciplinary procedures

Failure to discipline

Incident/accident reporting & investigations

Record-keeping

Staff (number, training, qualifications, wages)

Jails, Prisons, Detention Centers, and Other Institutions:

Assault/abuse by non-staff (facilities)

Assault/abuse by staff (facilities)

Crowding (General)

Protective custody

Policing:

Excessive force

Recommended Citation

Case Summary of Kelly v. Corrections Corporation of America, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/12076/ (last updated 3/21/2019).