Case: Vega v. Davis

1:12-cv-01144 | U.S. District Court for the District of Colorado

Filed Date: May 1, 2012

Closed Date: 2016

Clearinghouse coding complete

Case Summary

On May 1, 2012, the family of a deceased prisoner formerly held at the United States Penitentiary Administrative Maximum in Florence, Colorado ("ADX") filed a Bivens action in the United States District Court for the District of Colorado against agents of the Federal Bureau of Prisons. The plaintiffs sought compensatory and punitive damages, alleging that the defendants' failure to treat the prisoner's serious mental illness violated his Eighth Amendment rights. Specifically, the plaintiffs all…

On May 1, 2012, the family of a deceased prisoner formerly held at the United States Penitentiary Administrative Maximum in Florence, Colorado ("ADX") filed a Bivens action in the United States District Court for the District of Colorado against agents of the Federal Bureau of Prisons. The plaintiffs sought compensatory and punitive damages, alleging that the defendants' failure to treat the prisoner's serious mental illness violated his Eighth Amendment rights. Specifically, the plaintiffs alleged that the defendant "exhibited persistent and deliberate indifference" to the prisoner's mental illness, which lead to the death of the prisoner in an incident determined to be a suicide.

A related class action case was filed on June 18, 2012. See Cunningham v. Federal Bureau of Prisons.

The plaintiffs filed an amended complaint on August 31, 2012, adding a second cause of action for deprivation of the plaintiff's First and Fourteenth Amendment rights. Specifically, the plaintiffs alleged that the defendant disregarded the family's right to the prompt return of the prisoner's body and his personal possessions following his death.

On April 23, 2013, the district court (Judge Richard P. Matsch) granted the defendant's motion to dismiss on the First Amendment claim and denied the motion to dismiss on all other claims.

On June 21, 2012, the defendant filed an appeal of the district court's order denying the motion to dismiss. On July 22, 2014, the U.S. Circuit Court for the Tenth Circuit reversed the district court's decision, finding a lack of factual support for the allegation that the named defendant could be held personally liable for any shortcomings in the treatment of the prisoner. The court (Chief Judge Mary Beck Briscoe) remanded the case with direction to grant the defendant's motion to dismiss. 572 Fed. App'x 611 (10th Cir. 2014). On remand, the district court (Judge Matsch) entered an order dismissing the case on November 13, 2014. No. 12-cv-1144-RPM, 2015 WL 9583378 (Col. 2015).

On December 11, 2014, the plaintiff filed a Motion for Leave to Seek Relief from Judgment and Leave to Amend the Complaint. The plaintiff claimed that he could prove that Warden Davis knew Vega and knew of his mental condition through new evidence obtained in discovery in Cunningham, et al v. Federal Bureau of Prisons. Judge Matsch granted the motion on April 23, 2015. The plaintiff filed a second amended complaint on July 15, 2015, alleging that, had Warden Davis performed his job duties and read Vega’s records, he would have been aware of the suicide risk. Instead, he failed to take any preventative action. The amended complaint included a count of deliberate indifference to serious medical needs, and a count of deprivation of right of familial association.

The defendant filed a motion to dismiss the claim of deprivation of the right of familial association on the grounds that the claim was already adjudicated by the 10th Circuit, and also filed a motion to dismiss the deliberate indifference claim on the basis that the complaint still failed to state an individual-capacity claim against the defendant.

On December 31, 2015, the judge granted the motion to dismiss, determining that the defendant was not accountable for the death under the doctrine of qualified immunity without direct knowledge or notice.

The plaintiff appealed the decision to the 10th Circuit Court of Appeals on January 21, 2016. The appellate court determined that, although the deliberate indifference claim was nudged closer to the line of plausibility than in his initial complaint, the plaintiff still failed the facial plausibility standard. As such, the 10th Circuit Court affirmed the district court’s grant of the motion to dismiss. 673 Fed App'x 885 (10th Cir. 2016). The case is now closed.

Summary Authors

Denise Heberle (6/19/2012)

Priyah Kaul (11/18/2014)

Justin Hill (11/13/2019)

Related Cases

Cunningham v. Federal Bureau of Prisons, District of Colorado (2012)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4195758/parties/vega-v-davis/


Judge(s)

Briscoe, Mary Beck (Kansas)

Attorney for Plaintiff

Aro, Edwin P. (Colorado)

Callahan, Veronica E. (New York)

Attorney for Defendant

Cohen, Nathalie Erin (Colorado)

Expert/Monitor/Master/Other

Clinton, Warren Daniel (Colorado)

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Documents in the Clearinghouse

Document

1:12-cv-01144

Docket

March 16, 2017

March 16, 2017

Docket
1

1:12-cv-01144

Complaint and Jury Demand

May 1, 2012

May 1, 2012

Complaint
13

1:12-cv-01144

Amended Complaint and Jury Demand

Aug. 31, 2012

Aug. 31, 2012

Complaint
43

1:12-cv-01144

Order and Judgment

U.S. Court of Appeals for the Tenth Circuit

July 22, 2014

July 22, 2014

Order/Opinion

572 Fed.Appx. 611

62

1:12-cv-01144

Second Amended Complaint and Jury Demand

July 15, 2015

July 15, 2015

Complaint

16-01028

Order and Judgment

U.S. Court of Appeals for the Tenth Circuit

Dec. 28, 2016

Dec. 28, 2016

Order/Opinion

673 Fed.Appx. 885

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4195758/vega-v-davis/

Last updated Oct. 17, 2025, 1:08 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT and Jury Demand against All Defendants (Filing fee $ 350, Receipt Number 1082-2819497), filed by Raymond Vega.(Aro, Edwin) (Entered: 05/01/2012)

May 1, 2012

May 1, 2012

2

Case assigned to Judge Richard P. Matsch and drawn to Magistrate Judge Micheal E. Hegarty. Text Only Entry (sphil, ) (Entered: 05/02/2012)

May 1, 2012

May 1, 2012

3

Magistrate Judge Consent Form issued. No summons issued. (sphil, ) (Entered: 05/02/2012)

May 2, 2012

May 2, 2012

4

SUMMONS REQUEST as to Defendant, Blake R. Davis re 1 Complaint by Plaintiff Raymond Vega. (Aro, Edwin) (Entered: 06/15/2012)

June 15, 2012

June 15, 2012

5

NOTICE re 1 Complaint Civil Cover Sheet by Plaintiff Raymond Vega (Aro, Edwin) (Entered: 06/15/2012)

June 15, 2012

June 15, 2012

6

SUMMONS issued by Clerk. (jjhsl, ) (Entered: 06/15/2012)

June 15, 2012

June 15, 2012

7

NOTICE of Entry of Appearance by Amy L. Padden on behalf of Blake R. Davis (Padden, Amy) (Entered: 08/14/2012)

Aug. 14, 2012

Aug. 14, 2012

8

STIPULATION for Extension of Time to Answer or Respond to the Complaint by Defendant Blake R. Davis. Blake R. Davis answer due 8/23/2012. (Padden, Amy) (Entered: 08/14/2012)

Aug. 14, 2012

Aug. 14, 2012

9

Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint by Defendant Blake R. Davis. (Attachments: # 1 Proposed Order (PDF Only))(Padden, Amy) (Entered: 08/22/2012)

1 Proposed Order (PDF Only)

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Aug. 22, 2012

Aug. 22, 2012

10

ORDER granting 9 Motion for Extension of Time for Blake Davis to Answer or Otherwise Respond to the Complaint. It is ordered that Defendant Davis may file his response to Plaintiff's complaint 20 days after service of Plaintiff's amended complaint by Judge Richard P. Matsch on 08/23/12.(jjhsl, ) (Entered: 08/23/2012)

Aug. 23, 2012

Aug. 23, 2012

11

Unopposed MOTION for Leave to File First Amended Complaint by Plaintiff Raymond Vega. (Attachments: # 1 Amended Complaint, # 2 Exhibit A - Part 1 to Amended Complaint, # 3 Exhibit A - Part 2 to Amended Complaint, # 4 Exhibit A - Part 3 to Amended Complaint, # 5 Exhibit B - Part 1 to Amended Complaint, # 6 Exhibit B - Part 2 to Amended Complaint, # 7 Proposed Order (PDF Only))(Aro, Edwin) (Entered: 08/30/2012)

1 Amended Complaint

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2 Exhibit A - Part 1 to Amended Complaint

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3 Exhibit A - Part 2 to Amended Complaint

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4 Exhibit A - Part 3 to Amended Complaint

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5 Exhibit B - Part 1 to Amended Complaint

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6 Exhibit B - Part 2 to Amended Complaint

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7 Proposed Order (PDF Only)

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Aug. 30, 2012

Aug. 30, 2012

12

ORDER Granting 11 Motion for Leave to File First Amended Complaint re 1 and [11-1]: Amended Complaint attached to Plaintiff's motion is hereby accepted for filing, by Judge Richard P. Matsch on 8/31/2012.(rpmcd) (Entered: 08/31/2012)

Aug. 31, 2012

Aug. 31, 2012

RECAP
13

AMENDED COMPLAINT And Jury Demand against Blake R. Davis, filed by Raymond Vega. (Attachments: # 1 Exhibit A Part 1 to Amended Complaint, # 2 Exhibit A - Part 2 to Amended Complaint, # 3 Exhibit A - Part 3 to Amended Complaint, # 4 Exhibit B - Part 1 to Amended Complaint, # 5 Exhibit B - Part 2 to Amended Complaint)(rpmcd) (Entered: 08/31/2012)

1 Exhibit A Part 1 to Amended Complaint

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2 Exhibit A - Part 2 to Amended Complaint

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3 Exhibit A - Part 3 to Amended Complaint

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4 Exhibit B - Part 1 to Amended Complaint

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5 Exhibit B - Part 2 to Amended Complaint

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Aug. 31, 2012

Aug. 31, 2012

14

MOTION to Dismiss for Failure to State a Claim by Defendant Blake R. Davis. (Padden, Amy) (Entered: 09/20/2012)

Sept. 20, 2012

Sept. 20, 2012

15

Unopposed MOTION for Extension of Time to File Response/Reply as to 14 MOTION to Dismiss for Failure to State a Claim by Plaintiff Raymond Vega. (Attachments: # 1 Proposed Order (PDF Only))(Aro, Edwin) (Entered: 10/10/2012)

1 Proposed Order (PDF Only)

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Oct. 10, 2012

Oct. 10, 2012

16

ORDER Granting 15 Motion for Extension of Time to File Response : Plaintiff shall respond to Defendant Davis's 14 Motion to Dismiss no later than October 22, 2012, by Judge Richard P. Matsch on 10/12/2012.(rpmcd) (Entered: 10/12/2012)

Oct. 12, 2012

Oct. 12, 2012

17

RESPONSE to 14 MOTION to Dismiss for Failure to State a Claim filed by Plaintiff Raymond Vega. (Aro, Edwin) (Entered: 10/22/2012)

Oct. 22, 2012

Oct. 22, 2012

18

Unopposed MOTION for Extension of Time to File Response/Reply as to 14 MOTION to Dismiss for Failure to State a Claim by Defendant Blake R. Davis. (Attachments: # 1 Proposed Order (PDF Only))(Padden, Amy) (Entered: 11/05/2012)

1 Proposed Order (PDF Only)

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Nov. 5, 2012

Nov. 5, 2012

19

ORDER Granting Defendant's 18 Motion for Extension of Time to File Reply re 14, to and including November 14, 2012, by Judge Richard P. Matsch on 11/6/2012.(rpmcd) (Entered: 11/06/2012)

Nov. 6, 2012

Nov. 6, 2012

20

REPLY to Response to 14 MOTION to Dismiss for Failure to State a Claim filed by Defendant Blake R. Davis. (Padden, Amy) (Entered: 11/14/2012)

Nov. 14, 2012

Nov. 14, 2012

21

Minute ORDER Setting Hearing on 14 MOTION to Dismiss for Failure to State a Claim for 4/23/2013 at 02:00 PM in Courtroom A, by Judge Richard P. Matsch on 3/26/2013. (rpmcd) (Entered: 03/26/2013)

March 26, 2013

March 26, 2013

22

NOTICE of Entry of Appearance by Christopher Scott Morrow on behalf of Raymond Vega (Morrow, Christopher) (Entered: 04/22/2013)

April 22, 2013

April 22, 2013

23

NOTICE of Entry of Appearance by Maurice Abraham Leiter on behalf of Raymond Vega (Leiter, Maurice) (Entered: 04/22/2013)

April 22, 2013

April 22, 2013

24

Courtroom Minutes for Motion Hearing held on 4/23/2013 before Judge Richard P. Matsch. ORDERED: Motion to Dismiss by Defendant Davis, 14 in case 12-cv-01144-RPM, is granted with respect to the First Amendment Claim and denied in all other respects. Defendant shall file an answer in accordance with the rules. Conference set for 5/24/2013 AT 02:00 PM in Conference Room (requirement of Rule 16 not applicable). FTR: K. Terasaki. (rpmcd ) (Entered: 04/23/2013)

April 23, 2013

April 23, 2013

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25

Restricted Audio File - Level 3 regarding Motion Hearing 24 held on 04/23/2013 at 2:00pm before Senior District Judge Richard P. Matsch. AUDIO FILE SIZE (16.0 MB) (ktera, ) (Entered: 04/24/2013)

April 23, 2013

April 23, 2013

26

NOTICE of Entry of Appearance by Robert Paul Taylor on behalf of All Plaintiffs (Taylor, Robert) (Entered: 05/06/2013)

May 6, 2013

May 6, 2013

27

ANSWER to 13 Amended Complaint, by Blake R. Davis.(Padden, Amy) (Entered: 05/07/2013)

May 7, 2013

May 7, 2013

28

NOTICE of Plaintiff's Submission of Proposed Scheduling Order and Proposed First Set of Document Requests by Plaintiff Raymond Vega (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Aro, Edwin) (Entered: 05/22/2013)

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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May 22, 2013

May 22, 2013

29

RESPONSE to 28 Notice (Other) by Defendant Blake R. Davis. (Attachments: # 1 Exhibit A - transcript of 4/23/13 hearing, # 2 Exhibit B - email)(Padden, Amy) (Entered: 05/24/2013)

1 Exhibit A - transcript of 4/23/13 hearing

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2 Exhibit B - email

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May 24, 2013

May 24, 2013

30

Courtroom Minutes for Conference held on 5/24/2013 before Judge Richard P. Matsch. ORDERED: Plaintiffs' First Amended Complaint (12-cv-01570-RPM) is accepted and counsel shall file it today. Defendants have thirty days to file an answer. Scheduling Conference set for 7/12/2013 AT 10:00 AM in Conference Room. FTR: K. Terasaki. (rpmcd ) Modified on 5/24/2013 (rpmcd ). (Entered: 05/24/2013)

May 24, 2013

May 24, 2013

31

Unopposed MOTION for Leave to Depose Incarcerated Witness John J. Powers by Plaintiff Raymond Vega. (Attachments: # 1 Proposed Order (PDF Only))(Aro, Edwin) (Entered: 06/14/2013)

1 Proposed Order (PDF Only)

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June 14, 2013

June 14, 2013

32

ORDER Granting 31 Motion for Leave: Plaintiffs in both of the above captioned actions are granted leave to take the deposition of JOHN J. POWERS (BOP Register No. 03220-028) at the United States Medical Center for Federal Prisoners in Springfield, Missouri, beginning on June 25, 2013, and continuing thereafter until completed, by Judge Richard P. Matsch on 6/17/2013.(rpmcd)

June 17, 2013

June 17, 2013

RECAP
33

TRANSCRIPT of Conference held on May 24, 2013 before Judge Matsch. Pages: 1-55. Prepared by: Federal Reporting Service, Inc. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. Release of Transcript Restriction set for 9/23/2013. (Federal Reporting Service, Inc., ) (Entered: 06/20/2013)

June 20, 2013

June 20, 2013

34

NOTICE OF APPEAL as to 24 Order on Motion to Dismiss for Failure to State a Claim,, Motion Hearing,, Set/Reset Hearings, by Defendant Blake R. Davis (Padden, Amy) (Entered: 06/21/2013)

June 21, 2013

June 21, 2013

35

LETTER Transmitting Notice of Appeal to all counsel advising of the transmittal of the 34 Notice of Appeal filed by Blake R. Davis to the U.S. Court of Appeals. (USA) (Attachments: # 1 Docket Sheet, # 2 Preliminary Record)(mjfsl) (Entered: 06/24/2013)

1 Docket Sheet

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2 Preliminary Record

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June 24, 2013

June 24, 2013

36

USCA Case Number 13-1268 for 34 Notice of Appeal filed by Blake R. Davis. (dbrow, ) (Entered: 06/25/2013)

June 24, 2013

June 24, 2013

37

TRANSCRIPT ORDER FORM re 34 Notice of Appeal by Defendant Blake R. Davis (Padden, Amy) (Entered: 07/08/2013)

July 8, 2013

July 8, 2013

38

LETTER TO USCA and all counsel certifying the record is complete as to 34 Notice of Appeal filed by Blake R. Davis. A transcript order form was filed stating that the necessary transcript is already on file. ( Appeal No. 13-1268) Text Only Entry (dbrow, ) (Entered: 07/08/2013)

July 8, 2013

July 8, 2013

39

Courtroom Minutes for Scheduling Conference held on 7/12/2013 before Judge Richard P. Matsch. ORDERED: Further Scheduling Conference set for 8/2/2013 at 02:00 PM in Conference Room. FTR: K. Terasaki. (rpmcd) (Entered: 07/12/2013)

July 12, 2013

July 12, 2013

40

ORDER Granting [Doc. 76 in 12-cv-01570-RPM] Motion for Leave to Depose Incarcerated Witness Richie Antonio Hill, by Judge Richard P. Matsch on 7/22/2013 (12-cv-01144-RPM and 12-cv-01570-RPM).(rpmcd).

July 22, 2013

July 22, 2013

RECAP
41

Courtroom Minutes for Further Scheduling Conference held on 8/2/2013 before Judge Richard P. Matsch. ORDERED: Further scheduling conference set October 1, 2013 at 2:00 p.m. Proposed scheduling order due September 23, 2013. Plaintiff's memorandum of law addressing CLA (P&A) association standing, exhaustion and PLRA due August 26, 2013. Defendants response due September 16, 2013.No reply. FTR: K. Terasaki. (rpmcd ) (Entered: 08/02/2013)

Aug. 2, 2013

Aug. 2, 2013

42

TRANSCRIPT of Further Scheduling Conference held on August 2, 2013 before Judge Matsch. Pages: 1-38. Prepared by: Federal Reporting Service, Inc. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. Release of Transcript Restriction set for 11/15/2013. (Federal Reporting Service, Inc., ) (Entered: 08/13/2013)

Aug. 13, 2013

Aug. 13, 2013

43

USCA ORDER AND JUDGMENT as to 34 Notice of Appeal filed by Blake R. Davis : We REVERSE the district court's order denying Davis' motion to dismisscount one and REMAND with direction to grant Davis' motion to dismiss countone. (USCA Case No. 13-1258) (This document is not the Mandate) (dbrow, ) (Entered: 07/22/2014)

July 22, 2014

July 22, 2014

44

MANDATE of USCA as to 34 Notice of Appeal filed by Blake R. Davis (USCA Case No. 13-1268) (dkals, ) (Entered: 11/12/2014)

Nov. 12, 2014

Nov. 12, 2014

45

ORDER OF DISMISSAL RE 43 / 44 : the "Count One", more properly identified as the First Cause of Action, in the Amended Complaint 13 is dismissed. And this Court having previously dismissed the Second Cause of Action in the Amended Complaint. Clerk shall enter final judgment dismissing this civil action, by Judge Richard P. Matsch on 11/13/2014. (jsmit)

Nov. 13, 2014

Nov. 13, 2014

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46

VACATED FINAL JUDGMENT re: 45 Order, by Clerk on 11/13/2014. (jsmit)(Modified on 4/24/2015 Vacated pursuant to the 56 Order)(evana, ).

Nov. 13, 2014

Nov. 13, 2014

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47

MOTION for Leave to Seek Relief from Judgment and Leave to Amend Complaint and Memorandum of Points and Authorities by Plaintiff Raymond Vega. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Aro, Edwin) (Entered: 12/11/2014)

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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6 Exhibit F

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Dec. 11, 2014

Dec. 11, 2014

48

Unopposed MOTION for Extension of Time to File Response/Reply as to 47 MOTION for Leave to Seek Relief from Judgment and Leave to Amend Complaint and Memorandum of Points and Authorities by Defendant Blake R. Davis. (Attachments: # 1 Proposed Order (PDF Only))(Padden, Amy) (Entered: 12/26/2014)

1 Proposed Order (PDF Only)

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Dec. 26, 2014

Dec. 26, 2014

49

ORDER granting 48 Blake Daviss Unopposed motion for a 10-day extension of time to respond to Plaintiffs 47 Motion for Relief from Judgment and for Leave to Amend Complaint up to and including January 15, 2015, to respond to the motion, by Judge Richard P. Matsch on 12/29/2014.(evana, ) (Modified on 2/24/2015 corrected link to 48 Motion)(evana, ).

Dec. 29, 2014

Dec. 29, 2014

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50

RESPONSE to 47 MOTION for Leave to Seek Relief from Judgment and Leave to Amend Complaint and Memorandum of Points and Authorities filed by Defendant Blake R. Davis. (Attachments: # 1 Exhibit A - Certification of Identity, # 2 Exhibit B - excerpts from May 2013 hearing, # 3 Exhibit C - Policy Statement)(Padden, Amy) (Entered: 01/15/2015)

1 Exhibit A - Certification of Identity

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2 Exhibit B - excerpts from May 2013 hearing

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3 Exhibit C - Policy Statement

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Jan. 15, 2015

Jan. 15, 2015

51

REPLY to Response to 47 MOTION for Leave to Seek Relief from Judgment and Leave to Amend Complaint and Memorandum of Points and Authorities filed by Plaintiff Raymond Vega. (Aro, Edwin) (Entered: 01/29/2015)

Jan. 29, 2015

Jan. 29, 2015

52

MINUTE ORDER Setting Hearing on 47 MOTION for Leave to Seek Relief from Judgment and Leave to Amend Complaint and Memorandum of Points and Authorities. Motion Hearing set for 4/16/2015 10:30 AM in the Conference Room, Second Floor, the Byron White United States Courthouse, 1823 Stout Street, Denver, Colorado, by Judge Richard P. Matsch on 3/13/15. (ktera) (Entered: 03/13/2015)

March 13, 2015

March 13, 2015

53

NOTICE of Entry of Appearance by Veronica Ellen Rendon on behalf of Raymond VegaAttorney Veronica Ellen Rendon added to party Raymond Vega(pty:pla) (Rendon, Veronica) (Entered: 04/14/2015)

April 14, 2015

April 14, 2015

54

MINUTE ENTRY for Motion Hearing proceedings held before Judge Richard P. Matsch on 4/16/2015. Granting 47 Motion for Leave. Plaintiff shall have to and including June 15, 2015 to file the amended complaint. FTR: Kathy Terasaki. (babia)

April 16, 2015

April 16, 2015

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55

TRANSCRIPT of Motion Hearing held on April 16, 2015 before Judge Matsch. Pages: 1-18. Prepared by: Federal Reporting Service, Inc. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (Federal Reporting Service, Inc., ) (Entered: 04/22/2015)

April 22, 2015

April 22, 2015

56

ORDER Granting 47 Motion for Relief from Judgment and Leave to Amend Complaint. Final Judgment 46 entered on November 13, 2014, is vacated and the plaintiff has to and including June 15, 2015, within which to file a new amended complaint, by Judge Richard P. Matsch on 4/23/2015. (ktera)

April 23, 2015

April 23, 2015

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57

Unopposed MOTION for Extension of Time to File a Second Amended Complaint by Plaintiff Raymond Vega. (Attachments: # 1 Proposed Order (PDF Only))(Rendon, Veronica) (Entered: 06/12/2015)

1 Proposed Order (PDF Only)

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June 12, 2015

June 12, 2015

58

ORDER Granting 57 Plaintiff's Unopposed Motion for an Extension of Time to file a Second Amended Complaint. Plaintiff may have up to July 1, 2015 to file a Second Amended Complaint, by Judge Richard P. Matsch on 6/15/2015. (ktera) (Entered: 06/15/2015)

June 15, 2015

June 15, 2015

59

MOTION for Discovery by Interested Party Warren Clinton. (evana, ) (Modified on 6/23/2015 corrected filer)(evana, ). (Entered: 06/23/2015)

June 22, 2015

June 22, 2015

60

Unopposed MOTION for Extension of Time to File a Second Amended Complaint by Plaintiff Raymond Vega. (Attachments: # 1 Exhibit A)(Rendon, Veronica) (Entered: 06/25/2015)

1 Exhibit A

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June 25, 2015

June 25, 2015

61

ORDER Granting Plaintiff's second unopposed motion for an extension of time, to and including July 15, 2015, to file his second amended complaint, by Judge Richard P. Matsch on 6/25/15. (ktera) (Entered: 06/25/2015)

June 25, 2015

June 25, 2015

62

AMENDED COMPLAINT (Second) and Jury Demand against Blake R. Davis, filed by Raymond Vega. (Attachments: # 1 Exhibit A - Part 1)(Rendon, Veronica) (Entered: 07/15/2015)

1 Exhibit A - Part 1

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July 15, 2015

July 15, 2015

63

Exhibits in Support of 62 Amended Complaint (Second) and Jury Demand by Plaintiff Raymond Vega. (Attachments: # 1 Exhibit A - Part 2, # 2 Exhibit A - Part 3)(Rendon, Veronica) (Entered: 07/15/2015)

1 Exhibit A - Part 2

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2 Exhibit A - Part 3

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July 15, 2015

July 15, 2015

64

Exhibits in Support of 62 Amended Complaint (Second) and Jury Demand by Plaintiff Raymond Vega. (Attachments: # 1 Exhibit B, # 2 Exhibit C, # 3 Exhibit D, # 4 Exhibit E, # 5 Exhibit F, # 6 Exhibit G, # 7 Exhibit H - Part 1, # 8 Exhibit H - Part 2)(Rendon, Veronica) (Entered: 07/15/2015)

1 Exhibit B

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2 Exhibit C

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3 Exhibit D

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4 Exhibit E

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5 Exhibit F

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6 Exhibit G

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7 Exhibit H - Part 1

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8 Exhibit H - Part 2

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July 15, 2015

July 15, 2015

65

Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 62 Amended Complaint by Defendant Blake R. Davis. (Attachments: # 1 Proposed Order (PDF Only))(Padden, Amy) (Entered: 07/29/2015)

1 Proposed Order (PDF Only)

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July 29, 2015

July 29, 2015

66

ORDER Granting 65 Blake Davis's motion for an extension of time to respond to Plaintiff's Second Amended Complaint 62 . Mr. Davis is granted up to and including August 28, 2015, to respond, by Judge Richard P. Matsch on 7/30/15. (ktera) (Entered: 07/30/2015)

July 30, 2015

July 30, 2015

67

MOTION to Dismiss Claim Two of Second Amended Complaint by Plaintiff Raymond Vega. (Rendon, Veronica) (Entered: 08/12/2015)

Aug. 12, 2015

Aug. 12, 2015

68

LETTER from David L. Womack. (Attachments: # 1 Exhibit, # 2 Envelope)(cthom, ) (Entered: 08/27/2015)

1 Exhibit

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2 Envelope

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Aug. 26, 2015

Aug. 26, 2015

69

LETTER from David L. Womack (Attachments: # 1 Exhibit, # 2 Envelope)(cthom, ) (Entered: 08/27/2015)

1 Exhibit

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2 Envelope

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Aug. 26, 2015

Aug. 26, 2015

70

MOTION to Dismiss for Failure to State a Claim by Defendant Blake R. Davis. (Attachments: # 1 Exhibit A)(Padden, Amy) (Entered: 08/28/2015)

1 Exhibit A

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Aug. 28, 2015

Aug. 28, 2015

71

Unopposed MOTION for Extension of Time to File an Opposition in Response to the Motion to Dismiss by Blake Davis by Plaintiff Raymond Vega. (Rendon, Veronica) (Entered: 09/02/2015)

Sept. 2, 2015

Sept. 2, 2015

72

ORDER Granting 71 Plaintiff's unopposed motion for an extension of time, to and including October 21, 2015, to file a response to the motion to dismiss, by Judge Richard P. Matsch on 9/3/15. (ktera) (Entered: 09/03/2015)

Sept. 3, 2015

Sept. 3, 2015

73

RESPONSE to 70 MOTION to Dismiss for Failure to State a Claim filed by Plaintiff Raymond Vega. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Callahan, Veronica) (Entered: 10/21/2015)

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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Oct. 21, 2015

Oct. 21, 2015

74

Unopposed MOTION for Extension of Time to File Response/Reply as to 70 MOTION to Dismiss for Failure to State a Claim by Defendant Blake R. Davis. (Attachments: # 1 Proposed Order (PDF Only))(Padden, Amy) (Entered: 11/06/2015)

1 Proposed Order (PDF Only)

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Nov. 6, 2015

Nov. 6, 2015

75

ORDER Granting 74 Defendant Blake Davis' motion for an extension of time, to and including December 4, 2015, to file a reply in support of his Motion to Dismiss Plaintiff's Second Amended Complaint, by Judge Richard P. Matsch on 11/9/15. (ktera) (Entered: 11/09/2015)

Nov. 9, 2015

Nov. 9, 2015

76

Unopposed MOTION for Extension of Time to File Response/Reply as to 70 MOTION to Dismiss for Failure to State a Claim by Defendant Blake R. Davis. (Attachments: # 1 Proposed Order (PDF Only))(Padden, Amy) (Entered: 12/02/2015)

1 Proposed Order (PDF Only)

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Dec. 2, 2015

Dec. 2, 2015

77

ORDER Granting 76 Unopposed Motion for Extension to File Reply In Support of Motion to Dismiss, up to and including December 14, 2015, to respond to the Second Amended Complaint, by Judge Richard P. Matsch on 12/3/15. (ktera) (Entered: 12/03/2015)

Dec. 3, 2015

Dec. 3, 2015

78

REPLY to Response to 70 MOTION to Dismiss for Failure to State a Claim filed by Defendant Blake R. Davis. (Attachments: # 1 Exhibit A - Control Unit Programs, # 2 Exhibit B - Excerpts from Psychology Services Manual, # 3 Exhibit C - Discharge Summary, # 4 Exhibit D - Discharge Summary)(Padden, Amy) (Entered: 12/14/2015)

1 Exhibit A - Control Unit Programs

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2 Exhibit B - Excerpts from Psychology Services Manual

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3 Exhibit C - Discharge Summary

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4 Exhibit D - Discharge Summary

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Dec. 14, 2015

Dec. 14, 2015

79

ORDER that the defendants motion to dismiss is granted and the Clerk shall entered judgment dismissing this civil action with an award of costs, by Judge Richard P. Matsch on 12/31/2015.(evana, ) (Entered: 12/31/2015)

Dec. 31, 2015

Dec. 31, 2015

RECAP
80

JUDGMENT Pursuant to the Order for Dismissal entered by Senior Judge Richard P. Matsch on December 31, 2015, it is ORDERED AND ADJUDGED that this civil action is dismissed. Defendant is awarded costs upon the filing of a bill of costs within 14 days, by Judge Richard P. Matsch on 12/31/2015. (evana, ) (Entered: 12/31/2015)

Dec. 31, 2015

Dec. 31, 2015

81

Proposed Bill of Costs by Defendant Blake R. Davis. (Padden, Amy) (Entered: 01/14/2016)

Jan. 14, 2016

Jan. 14, 2016

82

NOTICE OF APPEAL as to 79 Order on Motion to Dismiss for Failure to State a Claim by Plaintiff Raymond Vega (Filing fee $ 505, Receipt Number 1082-4790904) (Callahan, Veronica) (Entered: 01/21/2016)

Jan. 21, 2016

Jan. 21, 2016

83

LETTER Transmitting Notice of Appeal to all counsel advising of the transmittal of the 82 Notice of Appeal filed by Raymond Vega to the U.S. Court of Appeals. ( Retained Counsel, Fee paid,) (Attachments: # 1 Docket Sheet, # 2 Preliminary Record)(evana, ) (Entered: 01/27/2016)

1 Docket Sheet

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2 Preliminary Record

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Jan. 27, 2016

Jan. 27, 2016

84

STIPULATION re 81 Proposed Bill of Costs by Defendant Blake R. Davis. (Padden, Amy) (Entered: 01/27/2016)

Jan. 27, 2016

Jan. 27, 2016

85

USCA Case Number 16-1028 for 82 Notice of Appeal filed by Raymond Vega. (evana, ) (Entered: 01/28/2016)

Jan. 28, 2016

Jan. 28, 2016

86

Costs Taxed in amount of $ 1,728.66 against Plaintiff (evana, ) (Entered: 01/28/2016)

Jan. 28, 2016

Jan. 28, 2016

87

TRANSCRIPT ORDER FORM re 82 Notice of Appeal by Plaintiff Raymond Vega (Callahan, Veronica) (Entered: 02/11/2016)

Feb. 11, 2016

Feb. 11, 2016

88

REPORTER TRANSCRIPT ORDER FORM filed by Kathy Terasaki re: 82 Notice of Appeal. Transcript due by 4/25/2016. (nrich) (Entered: 02/23/2016)

Feb. 23, 2016

Feb. 23, 2016

89

TRANSCRIPT of Scheduling Conference held on July 12, 2013 before Matsch. Pages: 1-40. Prepared by: Federal Reporting Service, Inc. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (Federal Reporting Service, Inc., ) (Entered: 02/29/2016)

Feb. 29, 2016

Feb. 29, 2016

90

LETTER TO USCA and all counsel certifying the record is complete as to 82 Notice of Appeal filed by Raymond Vega. All transcripts ordered are now on file as of 2/29/2016. ( Appeal No. 16-1028) Text Only Entry (evana, ) (Entered: 03/14/2016)

March 14, 2016

March 14, 2016

91

USCA Order and Judgment as to 82 Notice of Appeal filed by Raymond Vega : (USCA Case No. 16-1028) Because Plaintiffs complaint fails to state a plausible Eighth Amendment deliberate indifference claim, we AFFIRM the district courts order granting the Wardens motion to dismiss. (This document is not the Mandate) (Attachments: # 1 cover letter to Order and Judgment) (evana, ) (Entered: 12/28/2016)

1 cover letter to Order and Judgment

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Dec. 28, 2016

Dec. 28, 2016

92

MANDATE of USCA as to 82 Notice of Appeal filed by Raymond Vega, 91 USCA Order/Judgment, : (USCA Case No. 16-1028) (evana, ) (Entered: 02/21/2017)

Feb. 21, 2017

Feb. 21, 2017

93

SATISFACTION OF JUDGMENT for Bill of Costs by Defendant Blake R. Davis. (Froehlke, Elizabeth) (Entered: 03/16/2017)

March 16, 2017

March 16, 2017

Case Details

State / Territory:

Colorado

Case Type(s):

Prison Conditions

Healthcare Access and Reproductive Issues

Special Collection(s):

Multi-LexSum (in sample)

Solitary confinement

Key Dates

Filing Date: May 1, 2012

Closing Date: 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Family of prisoner who committed suicide at supermax facility due to untreated mental illness.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal Bureau of Prisons, Federal

Defendant Type(s):

Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Other Dockets:

District of Colorado 1:12-cv-01144

U.S. Court of Appeals for the Tenth Circuit 16-01028

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Issues

General/Misc.:

Conditions of confinement

Failure to supervise

Sanitation / living conditions

Staff (number, training, qualifications, wages)

Disability and Disability Rights:

Autism

Depression

Mental Illness, Unspecified

Mental impairment

Discrimination Area:

Medical Exam / Inquiry

Discrimination Basis:

Disability (inc. reasonable accommodations)

Jails, Prisons, Detention Centers, and Other Institutions:

Confinement/isolation

Disciplinary segregation

Habilitation (training/treatment)

Restraints (physical)

Solitary confinement/Supermax (conditions or process)

Suicide prevention (facilities)

Medical/Mental Health Care:

Mental health care, general

Self-injurious behaviors

Suicide prevention