Case: Redmond v. Bigelow

2:13-cv-00393 | U.S. District Court for the District of Utah

Filed Date: June 3, 2013

Clearinghouse coding complete

Case Summary

On June 3, 2013, Utah State Prison prisoners who suffered from physical and mental health conditions filed this class-action lawsuit in the U.S. District Court for the District of Utah. The prisoners sued under 42 U.S.C. § 1983 against the prison's warden in his official capacity, a captain in his personal capacity, and a guard in his personal capacity. The prisoners, represented by the ACLU of Utah and private counsel, asked the court for declaratory, injunctive, and monetary relief for damage…

On June 3, 2013, Utah State Prison prisoners who suffered from physical and mental health conditions filed this class-action lawsuit in the U.S. District Court for the District of Utah. The prisoners sued under 42 U.S.C. § 1983 against the prison's warden in his official capacity, a captain in his personal capacity, and a guard in his personal capacity. The prisoners, represented by the ACLU of Utah and private counsel, asked the court for declaratory, injunctive, and monetary relief for damages, claiming violations of the both the Utah Constitution's and the Eighth Amendment's cruel and unusual punishment clauses.

The lawsuit arose out of an incident on August 3, 2011, when prison guards used ochlorobenzylidenemalononitrile gas (CS gas) against an inmate who refused to leave one of the recreation yards and return to his cell. The guards released the CS gas grenade near two air vents which distributed the gas to several cell blocks within the Olympus facility. Plaintiffs were inmates who were in their cells in the Olympus facility at the time the CS gas was released. The Olympus facility is a self-contained housing unit on the grounds of the Utah State Prison that houses medically fragile inmates, such as inmates requiring dialysis, and inmates with serious mental health issues.

The prisoners sought class certification for two classes: (1) the Injunctive Class, defined as “all prisoners currently incarcerated in the Olympus wing of the Utah State Prison,” and (2) the Damages Class, defined as “all prisoners and former prisoners who were in their cells in the Olympus Wing of the Utah State Prison on August 3, 2011, and were thereby exposed to noxious CS gas.”On June 18, 2014, the court (Judge Dale A. Kimball) granted certification for both classes. 2014 WL 2765469 (D. Utah June 18, 2014).

On January 29, 2015, the prisoners filed an amended complaint. This complaint contained: an Eighth Amendment excessive force claim against each Defendant; an Eighth Amendment medical neglect claim against the officer who was both the captain assigned to the Olympus Facility and the head supervisor of the correctional staff on duty at the time of the incident; and a claim under Article I, Section 9 of the Utah Constitution for a permanent injunction against each Defendant.

On June 23, 2016, the District Court granted the Defendants' motion for summary judgment. 2016 WL 3546292.

It first addressed whether two of the defendants--captains at the prison at the time of the incident--were entitled to qualified immunity. The Court found that there were because there was no clearly established law that could have alerted these Defendants that their actions were unconstitutional. The Court explained that no Supreme Court or Tenth Circuit cases specifically held that accidentally exposing inmates to CS Gas while trying to restraint a resistant inmate is unconstitutional. The Court found that the evidence in this case was clear that the officers did not consider the air intake vents in the area. Additionally, the fact that the CS gas was distributed among the administrative areas of the facility showed that the gas exposure to plaintiffs was accidental.

The Court then reasoned that the Plaintiffs' Eighth Amendment claims for secondary exposure to CS gas would have to be analyzed as excessive force claims, not as conditions of confinement claims. It looked to Tenth Circuit precedent where the Court of Appeals had reversed a District Court judgment that analyzed the use of pepper spray as a conditions of confinement claim. That Court found the use of force rubric appropriate because pepper spray was "an instrument with which prison officers wield their authority, or force". (Citing Despain v. Uphoff, 264 F.3d 965 (10th Cir. 2001))

The District Court then looked to Ninth Circuit precedent which had recognized that secondary exposure claims could succeed if the force used on the intended target was excessive. After noting that the case law in the two circuits appeared to be at odds, meaning that qualified immunity was appropriate because there was no clearly established law on this point, the District Court went on to find that the force used in this case was not excessive anyway. The Court reiterated that deliberate indifference would not govern the excessive use of force and explained that the facts surrounding a disturbance do not determine which standard should apply, instead it was the type of force that determined the applicable standard.

The Court also held that the plaintiffs' Eighth Amendment medical neglect claim against one of the captains failed because that captain did not disregard the risk posed to the plaintiffs' health after they had accidentally been exposed to CS gas. The Court found that he immediately tried to find out where the gas was going, went to the roof to turn off the intake vents, made officers check on each inmate, evacuated the lower security inmates in a timely manner, brought in fans for the higher security inmates, and had medical personnel make contact with each inmate. Thus, there was no evidence that officials at the prison ignored the risk to inmates following the exposure.

As for the Utah Constitutional Claim, the Court explained that the Utah Supreme Court had defined the protections of Utah's Unnecessary Rigor Clause in an identical way in medical treatment cases as the federal courts had defined the protections of the Eighth Amendment. Thus, the state law claim failed for the same reasons the Eighth Amendment claims had.

Finally, the District Court denied the plaintiff's claim for injunctive relief because it found that the prison had changed their practices and procedures relating to the implementation of CS gas and that there was no cognizable danger that a similar incident would occur in the future. Without some cognizable danger of a future incident, the Court refused to grant a permanent injunction ordering Defendants to adopt and comply with written policies regarding the deployment of chemical agents in the Olympus facility.

Following this, the plaintiffs appealed to the United States Court of Appeals for the Tenth Circuit, but on February 9, 2018, the Court of Appeals affirmed the District Court's judgment. 882 F.3d 927. The Court of Appeals reasoned that the officers' conduct, at most, only accidentally exposed the prisoners to the CS gas, and that qualified immunity shielded government officials from liability for these kinds of mistakes. Specifically, the Court of Appeals found that the District Court was right to analyze the Eighth Amendment claims as excessive force claims rather than conditions of confinement claims. It went on to explain that no reasonable juror could have believed these officers intended to expose any of these plaintiffs to the gas.

It also held that even if an excessive force claim could be transferred, that is, even if plaintiffs could succeed by showing that officers used excessive force against the individual they did intend to expose to the gas, the plaintiffs claim here would still fail because plaintiffs failed to show that the officers maliciously and sadistically deployed force against that individual.

The Court then analyzed the plaintiffs claims that officers were deliberately indifferent to their serious medical needs. These claims were based on the allegations that the officers: (1) did not allow prisoners to leave their cells to get fresh air or to shower; and (2) discouraged prisoners from seeking medical attention. The Court held that even if these were true, the claims again would fail on qualified immunity grounds. It also held that plaintiffs had forfeited any claim based on officers discouraging prisoners from seeking medical attention because those claims were inadequately briefed. It went on to reason that even if not forfeited, those claims would fail on qualified immunity grounds as well.

Finally, the Court upheld the District Court's finding on the claims under the Utah Constitution, explaining that those claims failed for the same reasons as the Eighth Amendment claims.

As of April 24, 2019, there is no indication that the plaintiffs have appealed that holding, and the case appears closed.

Summary Authors

Jessica Kincaid (2/27/2016)

Chris Pollack (4/23/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5101756/parties/redmond-v-bigelow/


Judge(s)

Ebel, David M. (Colorado)

Kimball, Dale A. (Utah)

Lucero, Carlos F. (Colorado)

Tymkovich, Timothy M. (Colorado)

Warner, Paul M. (Utah)

Attorneys(s) for Plaintiff

Brown, Bryson R. (Utah)

Farrell, Leah M. (Utah)

Jenkins, Eric K (Utah)

Kiburtz, Kristen C (Utah)

Mejia, John (Utah)

Judge(s)

Ebel, David M. (Colorado)

Kimball, Dale A. (Utah)

Lucero, Carlos F. (Colorado)

Tymkovich, Timothy M. (Colorado)

Warner, Paul M. (Utah)

Attorneys(s) for Plaintiff

Brown, Bryson R. (Utah)

Farrell, Leah M. (Utah)

Jenkins, Eric K (Utah)

Kiburtz, Kristen C (Utah)

Mejia, John (Utah)

Porter, Karra J. (Utah)

Attorneys(s) for Defendant

Jones, Joni J. (Utah)

Kaiser, Kyle J. (Utah)

Maloy, Lucia (Utah)

Documents in the Clearinghouse

Document

Docket [PACER]

March 5, 2018 Docket
2

Complaint

June 3, 2013 Complaint
56

Memorandum Decision and Order

2014 WL 2765469

June 17, 2014 Order/Opinion
69

Plaintiffs' Amended Complaint for Damages, and for Class-Wide Declaratory and Injunctive Relief

Redmond v. Crowther

Jan. 29, 2015 Complaint
119

Memorandum Decision and Order

2016 WL 3546292

June 23, 2016 Order/Opinion
134

Appeal from the United States District Court for the District of Utah

U. S. Court of Appeals for the Tenth Circuit

March 5, 2018 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5101756/redmond-v-bigelow/

Last updated May 20, 2022, 3:10 a.m.

ECF Number Description Date Link
1

Case has been indexed and assigned to Magistrate Judge Paul M. Warner. Plaintiffs Kraig Canfield, Daniel Lassche, George Monfort, Timothy Redmond, Nick Watson is directed to E−File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 400.00 by the end of the business day.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. Civil Summons may be issued electronically. Prepare the summons using the courts PDF version and email it to utdecf_clerk@utd.uscourts.gov for issuance. (rls) (Entered: 06/03/2013)

June 3, 2013
56

MEMORANDUM DECISION granting 31 Motion to Certify Class. The court certifies two subclasses-a Damages Class and an Injunctive Class. The court also certifies the named Plaintiffs as class representatives, and certifies Plaintiffs' counsel as Class Counsel. Signed by Judge Dale A. Kimball on 6/17/14. (jlw)

June 18, 2014 RECAP
119

MEMORANDUM DECISION AND ORDER granting 80 Defendants' Motion for Summary Judgment. The Clerk of Court is directed to enter judgment in favor of Defendants and close the case. Each party shall bear his own fees and costs. Signed by Judge Dale A. Kimball on 6/23/2016. (eat)

June 23, 2016 RECAP
2

COMPLAINT against All Defendants (Filing fee $ 400, receipt number 1088−1842066), filed by Timothy Redmond, George Monfort, Daniel Lassche, Kraig Canfield, Nick Watson. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet) Assigned to Magistrate Judge Paul M. Warner (Farrell, Leah) (Entered: 06/03/2013)

June 3, 2013
3

**RESTRICTED DOCUMENT** Summons Issued Electronically as to FNU Anderson.Instructions to Counsel: 1. Click on the document number. 2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF. 3. Print the issued summons for service. (jds) (Entered: 06/05/2013)

June 5, 2013
4

**RESTRICTED DOCUMENT** Summons Issued Electronically as to Alfred Bigelow.Instructions to Counsel: 1. Click on the document number. 2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF. 3. Print the issued summons for service. (jds) (Entered: 06/05/2013)

June 5, 2013
5

**RESTRICTED DOCUMENT** Summons Issued Electronically as to Robert Powell.Instructions to Counsel: 1. Click on the document number. 2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF. 3. Print the issued summons for service. (jds) (Entered: 06/05/2013)

June 5, 2013
6

Defendant's MOTION for Extension of Time to File Answer re 2 Complaint, filed by Defendants FNU Anderson, Alfred Bigelow, Robert Powell. (Attachments: # 1 Text of Proposed Order)(Kaiser, Kyle) (Entered: 06/11/2013)

June 11, 2013
7

NOTICE OF ADR, e−mailed or mailed to Defendants FNU Anderson, Alfred Bigelow, Robert Powell, Plaintiffs Kraig Canfield, Daniel Lassche, George Monfort, Timothy Redmond, Nick Watson. (alp) (Entered: 06/11/2013)

June 11, 2013
8

NOTICE − This case is assigned to a magistrate judge. To consent or request reassignment, use the form on this link or use the included form for non−efilers and send it to consents@utd.uscourts.govwithin 15 days or mail to the court with Attention: Consent Clerk on the envelope. Notice e−mailed or mailed to Defendants FNU Anderson, Alfred Bigelow, Robert Powell, Plaintiffs Kraig Canfield, Daniel Lassche, George Monfort, Timothy Redmond, Nick Watson. Form due by 6/26/2013. (alp) (Entered: 06/11/2013)

June 11, 2013
10

RECEIVED Consent/Reassignment Form from Defendants FNU Anderson, Alfred Bigelow, Robert Powell. (alp) (Entered: 06/12/2013)

June 12, 2013
11

CLERKS ORDER of Granting Extension of time to file response re 2 Complaint on or before 7/12/13 signed by LSY (alp) (Entered: 06/13/2013)

June 12, 2013
12

RECEIVED Consent/Reassignment Form from Plaintiffs Kraig Canfield, Daniel Lassche, George Monfort, Timothy Redmond. (alp) (Entered: 06/13/2013)

June 13, 2013
13

**RESTRICTED DOCUMENT** SUMMONS Returned Executed by Timothy Redmond, George Monfort, Daniel Lassche, Kraig Canfield, Nick Watson as to Robert Powell served on 6/7/2013, answer due 7/12/2013. (Attachments: # 1 Exhibit Court Ordered Summons)(Farrell, Leah) (Entered: 06/14/2013)

June 14, 2013
14

**RESTRICTED DOCUMENT** SUMMONS Returned Executed by Timothy Redmond, George Monfort, Daniel Lassche, Kraig Canfield, Nick Watson as to Alfred Bigelow served on 6/7/2013, answer due 7/12/2013. (Attachments: # 1 Exhibit Court Ordered Summons)(Farrell, Leah) (Entered: 06/14/2013)

June 14, 2013
15

**RESTRICTED DOCUMENT** SUMMONS Returned Executed by Timothy Redmond, George Monfort, Daniel Lassche, Kraig Canfield, Nick Watson as to FNU Anderson served on 6/7/2013, answer due 7/12/2013. (Attachments: # 1 Exhibit Court Ordered Summons)(Farrell, Leah) (Entered: 06/14/2013)

June 14, 2013
16

All Consent/Reassignment Forms have now been received. After review of all forms, Case Reassigned to District Judge per request of one or more party(s). Case randomly assigned to Judge Dale A. Kimball. Magistrate Judge Paul M. Warner no longer assigned to the case. (alp) (Entered: 06/27/2013)

June 27, 2013
17

Defendant's MOTION for Extension of Time to File Answer re 2 Complaint, filed by Defendants FNU Anderson, Alfred Bigelow, Robert Powell. (Attachments: # 1 Text of Proposed Order)(Kaiser, Kyle) (Entered: 07/11/2013)

July 11, 2013
18

ORDER granting 17 Motion for Extension of Time to Answer re 2 Complaint. Answer deadline updated for FNU Anderson answer due 7/19/2013; Alfred Bigelow answer due 7/19/2013; Robert Powell answer due 7/19/2013. Signed by Judge Dale A. Kimball on 7/12/13. (jlw) (Entered: 07/12/2013)

July 12, 2013
19

ANSWER to Complaint with Jury Demand filed by Robert Powell.(Kaiser, Kyle) (Entered: 07/18/2013)

July 18, 2013
20

ANSWER to Complaint with Jury Demand filed by Alfred Bigelow.(Kaiser, Kyle) (Entered: 07/18/2013)

July 18, 2013
21

ANSWER to Complaint with Jury Demand filed by FNU Anderson.(Kaiser, Kyle) (Entered: 07/18/2013)

July 18, 2013
22

NOTICE FROM THE COURT re: Initial Scheduling The court's IPT Clerk will now set the case for the Initial Pretrial Scheduling Conference (asp) (Entered: 07/19/2013)

July 19, 2013
23

NOTICE OF INITIAL PRETRIAL CONFERENCE: (Notice generated by Amy Pehrson, IPT Clerk) The Attorneys Planning Meeting Report and Proposed Scheduling Order forms, available on the court web site at http://www.utd.uscourts.gov/documents/formpage.html, should be prepared 21 days before the Initial Pretrial Conference hearing date. NOTICE TO COUNSEL, The Court may enter a scheduling order and vacate the hearing if counsel (a) file a stipulated Attorneys Planning Meeting Report ; and (b) e−mail a Proposed Scheduling Order to ipt@utd.uscourts.gov 21 days before the scheduled hearing. See instructions at http://www.utd.uscourts.gov/documents/ipt.html If counsel or the parties would like to participate by phone they must contact chambers at least two days in advance at utdecf_furse@utd.uscourts.gov to make arrangements. Initial Pretrial Conference set for 9/12/2013 10:30 AM in Room 477 before Magistrate Judge Evelyn J. Furse. (alp) (Entered: 07/19/2013)

July 19, 2013
24

Joint MOTION for Disclosure of Records filed by Defendants Neil Andersen, Alfred Bigelow, Robert Powell. (Attachments: # 1 Text of Proposed Order)(Jones, Joni) (Entered: 08/21/2013)

Aug. 21, 2013
25

ORDER granting 24 Motion for Disclosure. Signed by Judge Dale A. Kimball on 8/21/13. (jlw) (Entered: 08/21/2013)

Aug. 21, 2013
26

REPORT OF ATTORNEY PLANNING MEETING. (Mejia, John) (Entered: 08/22/2013)

Aug. 22, 2013
27

SCHEDULING ORDER FOR PHASE ONE OF BIFURCATED DISCOVERY: Initial Pretrial Hearing set for September 12, 2013, at 10:30 a.m. is vacated. See order for further details. Signed by Magistrate Judge Evelyn J. Furse on 8/28/13. (jlw) (Entered: 08/28/2013)

Aug. 28, 2013
28

Joint MOTION to Take Deposition from Nick Watson, George Monfort, Daniel Lassche and Kraig Canfield filed by Defendants Neil Andersen, Alfred Bigelow, Robert Powell. (Attachments: # 1 Text of Proposed Order)(Kaiser, Kyle) (Entered: 09/03/2013)

Sept. 3, 2013
29

ORDER granting 28 Motion to Take Depositions from Nick Watson, George Monfort, Daniel Lassche, and Kraig Canfield. Signed by Judge Dale A. Kimball on 9/4/13 (alt) (Entered: 09/04/2013)

Sept. 4, 2013
30

NOTICE of Appearance by Eric K. Jenkins on behalf of All Plaintiffs (Jenkins, Eric) (Entered: 09/05/2013)

Sept. 5, 2013
31

MOTION to Certify Class and Memorandum in Support filed by Plaintiffs Kraig Canfield, Daniel Lassche, George Monfort, Timothy Redmond, Nick Watson. (Jenkins, Eric) (Entered: 09/05/2013)

Sept. 5, 2013
32

Joint MOTION to Take Deposition from Timothy K. Redmond filed by Defendants Neil Andersen, Alfred Bigelow, Robert Powell. (Attachments: # 1 Text of Proposed Order)(Kaiser, Kyle) (Entered: 09/10/2013)

Sept. 10, 2013
33

ORDER granting 32 Motion to Take Deposition from Timothy Redmond. Signed by Judge Dale A. Kimball on 9/10/13. (jlw) (Entered: 09/10/2013)

Sept. 10, 2013
34

MOTION for Writ of Habeas Corpus ad testificandum re: Timothy Redmond filed by Defendants Neil Andersen, Alfred Bigelow, Robert Powell. (Attachments: # 1 Text of Proposed Order Writ of Habeas Corpus Ad Testificandum)(Kaiser, Kyle) (Entered: 09/19/2013)

Sept. 19, 2013
35

Writ of Habeas Corpus ad Testificandum Issued as to Timothy Redmond for 09/20/2013 before Judge Dale A. Kimball (asp) (Entered: 09/19/2013)

Sept. 19, 2013
36

Defendant's MOTION for Extension of Time to File Response/Reply as to 31 MOTION to Certify Class and Memorandum in Support until October 28, 2013 and extension for Plaintiffs' Reply until November 14, 2013 filed by Defendants Neil Andersen, Alfred Bigelow, Robert Powell. (Attachments: # 1 Text of Proposed Order)(Kaiser, Kyle) (Entered: 10/17/2013)

Oct. 17, 2013
37

ORDER granting 36 Motion for Extension of Time to File Response/Reply re 31 MOTION to Certify Class and Memorandum in Support . Responses due by 10/28/2013. Signed by Judge Dale A. Kimball on 10/17/13. (jlw) (Entered: 10/17/2013)

Oct. 17, 2013
38

MOTION for Leave to File Excess Pages for Opposition Memorandum filed by Defendants Neil Andersen, Alfred Bigelow, Robert Powell. (Attachments: # 1 Text of Proposed Order)(Kaiser, Kyle) (Entered: 10/28/2013)

Oct. 28, 2013
40

MEMORANDUM in Opposition re 31 MOTION to Certify Class and Memorandum in Support filed by Defendants Neil Andersen, Alfred Bigelow, Robert Powell. (Attachments: # 1 Exhibit Index, # 2 Exhibit 1−Facility Diagram Filed Under Seal, # 3 Exhibit 2− Board of Pardons Records, # 4 Exhibit 3− Deposition Transcript of Tim Redmond, # 5 Exhibit 4− Deposition Transcript of Kraig Canfield, # 6 Exhibit 5− Deposition Transcript of George Monfort, # 7 Exhibit 6− Deposition Transcript of Daniel Lassche, # 8 Exhibit 7− Deposition Transcript of Nick Watson, # 9 Exhibit 8− Olympus Central Shift Log Filed Under Seal, # 10 Exhibit 9− Olympus Housing Shift Log Filed Under Seal, # 11 Exhibit 10− Declaration of Robert Powell, # 12 Exhibit 11− Declaration of Billie Casper, # 13 Exhibit 12− incident Report Filed Under Seal)(Kaiser, Kyle) (Entered: 10/28/2013)

Oct. 28, 2013
41

ORDER granting 38 Motion for Leave to File Excess Pages. Signed by Judge Dale A. Kimball on 10/29/13. (jlw) (Entered: 10/29/2013)

Oct. 29, 2013
42

ORDER granting 39 Motion to Seal. Signed by Judge Dale A. Kimball on 10/29/13. (jlw) (Entered: 10/29/2013)

Oct. 29, 2013
43

**SEALED DOCUMENT** Exibits 1, 8, 9 & 12 re 40 Memorandum in Opposition to Motion filed by Defendants Neil Andersen, Alfred Bigelow, Robert Powell. (Attachments: # 1 Exhibit 8, # 2 Exhibit 9, # 3 Exhibit 12)(jlw) (Entered: 10/31/2013)

Oct. 29, 2013
44

MOTION for Extension of Time to File Response/Reply as to 40 Memorandum in Opposition to Motion,,, and Memorandum in Support filed by Plaintiffs Kraig Canfield, Daniel Lassche, George Monfort, Timothy Redmond, Nick Watson. (Attachments: # 1 Text of Proposed Order)(Farrell, Leah) (Entered: 11/07/2013)

Nov. 7, 2013
45

ORDER granting 44 Motion for Extension of Time to File Response/Reply. Replies due by 11/25/2013. Signed by Judge Dale A. Kimball on 11/7/13. (jlw) (Entered: 11/07/2013)

Nov. 7, 2013
46

Second MOTION for Extension of Time to File Response/Reply as to 40 Memorandum in Opposition to Motion,,, and Memorandum in Support [Unopposed Motion] filed by Plaintiffs Kraig Canfield, Daniel Lassche, George Monfort, Timothy Redmond, Nick Watson. (Attachments: # 1 Text of Proposed Order)(Jenkins, Eric) (Entered: 11/21/2013)

Nov. 21, 2013
47

ORDER granting 46 Motion for Extension of Time to File Response/Reply. Replies due by 12/9/2013. Signed by Judge Dale A. Kimball on 11/21/13. (jlw) (Entered: 11/21/2013)

Nov. 21, 2013
48

MOTION for Leave to File Excess Pages and Memorandum in Support filed by Plaintiffs Daniel Lassche, George Monfort, Timothy Redmond, Nick Watson. (Attachments: # 1 Text of Proposed Order)(Jenkins, Eric) (Entered: 12/05/2013)

Dec. 5, 2013
49

ORDER granting 48 Motion for Leave to File Excess Pages. Signed by Judge Dale A. Kimball on 12/6/13. (jlw) (Entered: 12/06/2013)

Dec. 6, 2013
50

REDACTION to 31 MOTION to Certify Class and Memorandum in Support Reply Memorandum ISO Motion for Class Certification by Plaintiffs Kraig Canfield, Daniel Lassche, George Monfort, Timothy Redmond, Nick Watson. (Attachments: # 1 Exhibit 1: George Monfort Deposition, # 2 Exhibit 3: Powell Declaration, # 3 Exhibit 4: Daniel Lassche Deposition, # 4 Exhibit 5: Kraig Canfield Deposition, # 5 Exhibit 6: Tim K. Redmond Deposition, # 6 Exhibit 7: Nick Watson Deposition)(Jenkins, Eric) (Entered: 12/09/2013)

Dec. 9, 2013
51

NOTICE OF CONVENTIONAL FILING filed by Plaintiffs Kraig Canfield, Daniel Lassche, George Monfort, Timothy Redmond, Nick Watson re 50 Redacted Document,, Unredacted Reply Memo ISO Motion for Class Certification and Exhibit 2: Hill Video (Jenkins, Eric) (Entered: 12/09/2013)

Dec. 9, 2013
52

**SEALED DOCUMENT** Reply Memorandum in Support of 31 MOTION to Certify Class and Memorandum in Support filed by Plaintiffs Kraig Canfield, Daniel Lassche, George Monfort, Timothy Redmond, Nick Watson. Exhibit containing video (entitled "Hill video") has been placed in permanent storage. (jlw) (Entered: 12/10/2013)

Dec. 9, 2013
53

REPLY to Response to Motion re 31 MOTION to Certify Class and Memorandum in Support filed by Plaintiffs Kraig Canfield, Daniel Lassche, George Monfort, Timothy Redmond, Nick Watson. (Attachments: # 1 Exhibit 1 George Monfort Depo, # 2 Exhibit 2 Hill Video Previously Filed Under Seal [Dkt 52], # 3 Exhibit 3 Powell Declaration, # 4 Exhibit 4 Daniel Lassche Depos, # 5 Exhibit 5 Kraig Canfield Depo, # 6 Exhibit 6 Tim K. Redmond Depo, # 7 Exhibit 7 Nick Watson Deposit)(Jenkins, Eric) (Entered: 12/16/2013)

Dec. 16, 2013
54

NOTICE OF HEARING ON MOTION re: 31 MOTION to Certify Class : (Notice generated by Chambers) Motion Hearing is set for Wednesday, 4/2/2014 at 03:00 PM in Room 150 (Clerks Office) before Judge Dale A. Kimball. (kmj) (Entered: 02/06/2014)

Feb. 6, 2014
55

Minute Entry for proceedings held before Judge Dale A. Kimball: Motion Hearing held on 4/2/2014 re 31 MOTION to Certify Class and Memorandum in Support filed by George Monfort, Kraig Canfield, Timothy Redmond, Daniel Lassche, Nick Watson. The Court heard the arguments of counsel and took the motion under advisement. Attorney for Plaintiff: Karra Porter & John Mejia. Attorney for Defendant: Kyle Kaiser & Joni Jones. Court Reporter: Patti Walker. (kmj) (Entered: 04/02/2014)

April 2, 2014
57

Stipulated MOTION for Extension of Time to file a Proposed Schedule Order filed by Plaintiffs Kraig Canfield, Daniel Lassche, George Monfort, Timothy Redmond, Nick Watson. (Attachments: # 1 Text of Proposed Order)(Farrell, Leah) (Entered: 07/07/2014)

July 7, 2014
58

ORDER granting 57 Motion for Extension of Time to File Proposed Scheduling Order. Signed by Judge Dale A. Kimball on 7/8/2014. (jds) (Entered: 07/08/2014)

July 8, 2014
59

Stipulated MOTION for Scheduling Order filed by Plaintiffs Kraig Canfield, Daniel Lassche, George Monfort, Timothy Redmond, Nick Watson. (Attachments: # 1 Text of Proposed Order)(Farrell, Leah) (Entered: 07/17/2014)

July 17, 2014
60

ORDER granting 59 Motion for Scheduling Order Amended Pleadings due by 10/17/2014. Joinder of Parties due by 10/17/2014. Discovery due by 3/30/2015. Motions due by 5/29/2015. Final Pretrial Conference set for 11/2/2015 02:30 PM in Rm 3.400 before Judge Dale A. Kimball. 5 Day Jury Trial set for 11/16/2015 08:30 AM in Rm 3.400 before Judge Dale A. Kimball. Signed by Judge Dale A. Kimball on 7/18/2014. (jds) (Entered: 07/18/2014)

July 18, 2014
61

Stipulated MOTION for Extension of Time Deadline for Motions to Amend Pleadings and Memorandum in Support filed by Plaintiffs Kraig Canfield, Daniel Lassche, George Monfort, Timothy Redmond, Nick Watson. (Attachments: # 1 Text of Proposed Order)(Jenkins, Eric) (Entered: 10/14/2014)

Oct. 14, 2014
62

ORDER granting 61 Stipulated Motion to Extend Deadline for Motions to Amend Pleadings. All motions to amend pleadings are now due no later than seven days after defendants have served their responses to plaintiffs first set of written discovery. Signed by Judge Dale A. Kimball on 10/15/2014. (jds) (Entered: 10/15/2014)

Oct. 15, 2014
63

NOTICE of Change of Address by Eric K. Jenkins Effective December 8, 2014 (Jenkins, Eric) (Entered: 11/22/2014)

Nov. 22, 2014
64

Stipulated MOTION for Scheduling Order , Second Amended, filed by Plaintiffs Kraig Canfield, Daniel Lassche, George Monfort, Timothy Redmond, Nick Watson. (Attachments: # 1 Text of Proposed Order)(Mejia, John) (Entered: 12/09/2014)

Dec. 9, 2014
65

ORDER granting 64 Second Amended Motion for Scheduling Order Amended Pleadings due by 12/19/2014. Joinder of Parties due by 12/19/2014. Discovery due by 7/1/2015. Motions due by 8/28/2015. Final Pretrial Conference set for 3/21/2016 at 02:30 PM in Rm 3.400 before Judge Dale A. Kimball. 5 Day Jury Trial set for 4/4/2016 at 08:30 AM in Rm 3.400 before Judge Dale A. Kimball. Signed by Judge Dale A. Kimball on 12/12/2014. (jds) (Entered: 12/15/2014)

Dec. 15, 2014
66

MOTION to Amend/Correct Complaint for Damages, and for Class−Wide Declaratory and Injunctive Relief filed by Plaintiffs Kraig Canfield, Daniel Lassche, George Monfort, Timothy Redmond, Nick Watson. (Attachments: # 1 Exhibit 1 − Amended Complaint)(Porter, Karra) (Entered: 12/19/2014)

Dec. 19, 2014
67

RESPONSE to Motion re 66 MOTION to Amend/Correct Complaint for Damages, and for Class−Wide Declaratory and Injunctive Relief filed by Defendants Neil Andersen, Alfred Bigelow, Robert Powell. (Kaiser, Kyle) (Entered: 12/31/2014)

Dec. 31, 2014
68

ORDER granting 66 Leave to Amend Complaint. Plaintiffs shall file their Amended Complaint within ten days of the date of this Order. Signed by Judge Dale A. Kimball on 1/27/2015. (jds) (Entered: 01/27/2015)

Jan. 27, 2015
69

AMENDED COMPLAINT against Neil Andersen, Alfred Bigelow, Scott Crowther, Robert Powell, Jason Nicholes, filed by Timothy Redmond, George Monfort, Daniel Lassche, Kraig Canfield, Nick Watson. (Porter, Karra) Modified on 3/31/2015: removed unnecessary text, added names of new dfts and struck out names of dfts no longer named in the case (alt) (Entered: 01/29/2015)

Jan. 29, 2015
70

WAIVER OF SERVICE Returned Executed filed by Timothy Redmond, George Monfort, Daniel Lassche, Kraig Canfield as to Jason Nicholes Waiver sent on 1/22/2015, answer due 3/23/2015. (Farrell, Leah) (Entered: 02/12/2015)

Feb. 12, 2015

Modification of Docket re 69 Amended Complaint. Error: Filer did not use prompts to correctly identify parties being added and removed via the amended filing. Opposing counsel could not file their answer as the parties were not added to the case. Correction: Had filer verify changes and then added and removed dft parties from the case and from the entry − also removed unnecessary text from the entry. (alt) (Entered: 03/31/2015)

March 31, 2015
71

ANSWER to 69 Amended Complaint, with Jury Demand filed by Scott Crowther. Attorney Kyle J. Kaiser added to party Scott Crowther(pty:dft)(Kaiser, Kyle) (Entered: 04/01/2015)

April 1, 2015
72

ANSWER to 69 Amended Complaint, with Jury Demand filed by Robert Powell.(Kaiser, Kyle) (Entered: 04/01/2015)

April 1, 2015
73

ANSWER to 69 Amended Complaint, with Jury Demand filed by Jason Nicholes.(Kaiser, Kyle) (Entered: 04/01/2015)

April 1, 2015
74

EXPERT REPORT of Eldon Vail Witness filed by Plaintiffs Kraig Canfield, Daniel Lassche, George Monfort, Timothy Redmond, Nick Watson. (Attachments: # 1 Exhibit Vail Expert Report)(Jenkins, Eric) (Entered: 05/01/2015)

May 1, 2015
75

DESIGNATION OF EXPERTS Donald L. Leach II filed by Defendants Scott Crowther, Jason Nicholes, Robert Powell. (Attachments: # 1 Supplement Copy of Expert Witness Docs)(Kaiser, Kyle) (Entered: 06/02/2015)

June 2, 2015
76

MOTION for Extension of Time to File Dispositive Motions and to Exclude Expert Testimony (Unopposed) filed by Defendants Scott Crowther, Jason Nicholes, Robert Powell. (Attachments: # 1 Text of Proposed Order)(Kaiser, Kyle) Modified by changing event type on 8/25/2015 (jwt). (Entered: 08/24/2015)

Aug. 24, 2015
77

ORDER granting 76 Motion for Extension of Time to File Dispositive Motions and to Exclude Expert Testimony. Scheduling Order Amended: Dispositive Motion Deadline 9/28/2015; Deadline for Filing Motions to Exclude Expert Testimony 9/28/2015. Signed by Judge Dale A. Kimball on 8/25/2015. (jwt) (Entered: 08/25/2015)

Aug. 25, 2015
78

Stipulated MOTION for Extension of Time to File Dispositive Motions and Re−Open Fact Discovery for Deposition filed by Defendants Scott Crowther, Jason Nicholes, Robert Powell. (Attachments: # 1 Text of Proposed Order) Attorney Joni J. Jones added to party Scott Crowther(pty:dft), Attorney Joni J. Jones added to party Jason Nicholes(pty:dft)(Jones, Joni) (Entered: 09/28/2015)

Sept. 28, 2015
80

Defendant's MOTION for Summary Judgment and Memorandum in Support filed by Defendants Scott Crowther, Jason Nicholes, Robert Powell. (Attachments: # 1 Exhibit Exhibit Index, # 2 Exhibit 1 − Neil Anderson Depo Transcript, # 3 Exhibit 2 − Kraig Canfield Depo Transcript, # 4 Exhibit 3 − Nancy Eskelson Depo Transcript, # 5 Exhibit 4 − Daniel R. Gappmayer Depo Transcript, # 6 Exhibit 5 − Daniel Lassche Depo Transcript, # 7 Exhibit 6 − David Maloney Depo Transcript, # 8 Exhibit 7 − Jason McClain Depo Transcript, # 9 Exhibit 8 − George Monfort Depo Transcript, # 10 Exhibit 9 − Jason Nicholes Depo Transcript, # 11 Exhibit 10 − Robert Powell Declaration, # 12 Exhibit 11 − Robert Powell Depo Transcript, # 13 Exhibit 12 − Timothy Redmond Depo Transcript, # 14 Exhibit 13 − Nick Watson Depo Transcript, # 15 Exhibit 14 − Incident Report (filed under seal), # 16 Exhibit 15 − Control Logs (filed under seal), # 17 Exhibit 16 − Video (filed under seal))(Jones, Joni) (Entered: 10/13/2015)

Oct. 13, 2015
81

Defendant's MOTION to Seal Document Exhibits Filed in Support of Motion for Summary Judgment filed by Defendants Scott Crowther, Jason Nicholes, Robert Powell. (Attachments: # 1 Text of Proposed Order)(Jones, Joni) (Entered: 10/13/2015)

Oct. 13, 2015
82

ORDER granting 81 Motion to Seal Document Exhibits to 80 Defendant's MOTION for Summary Judgment and Memorandum in Support . Signed by Judge Dale A. Kimball on 10/14/2015. (jwt) (Entered: 10/14/2015)

Oct. 14, 2015
83

NOTICE OF CONVENTIONAL FILING of Exhibits 14, 15, and 16 filed by Defendants Scott Crowther, Jason Nicholes, Robert Powell re 80 Defendant's MOTION for Summary Judgment and Memorandum in Support (Jones, Joni) (Entered: 10/15/2015)

Oct. 15, 2015
84

**SEALED DOCUMENT** Exhibits 14, 15 & 16 re 80 Defendant's MOTION for Summary Judgment filed by Defendants Scott Crowther, Jason Nicholes, Robert Powell (Attachments: # 1 Exhibit 14 − Incident Report, # 2 Exhibit 15 − Control Logs, # 3 Exhibit 16 − James Hill Video − Exhibit is a video file that cannot be uploaded to the docket; disc will be permanently retained in sealed room) (blh) (Entered: 10/15/2015)

Oct. 15, 2015
85

NOTICE of Appearance by Lucia Maloy on behalf of Scott Crowther, Jason Nicholes, Robert Powell (Maloy, Lucia) (Entered: 10/27/2015)

Oct. 27, 2015
86

Amended NOTICE of Appearance by Lucia Maloy on behalf of Scott Crowther, Jason Nicholes, Robert Powell (Maloy, Lucia) Modified on 11/2/2015 − added amended text (jwt). (Entered: 10/27/2015)

Oct. 27, 2015
87

Stipulated MOTION for Extension of Time to File Response/Reply as to 80 Defendant's MOTION for Summary Judgment and Memorandum in Support filed by Plaintiffs Timothy Redmond, Nick Watson. (Attachments: # 1 Text of Proposed Order Proposed Order Extending Deadline for Opposition Defendants' Motion for Summary Judgment) Attorney Bryson R. Brown added to party Timothy Redmond(pty:pla), Attorney Bryson R. Brown added to party Nick Watson(pty:pla)(Brown, Bryson) (Entered: 11/10/2015)

Nov. 10, 2015
88

ORDER granting 87 Motion for Extension of Time to File Response/Reply re 80 Defendant's MOTION for Summary Judgment. Plaintiffs' deadline is extended to 12/8/2015. Signed by Judge Dale A. Kimball on 11/12/2015. (jds) (Entered: 11/12/2015)

Nov. 12, 2015
89

Second MOTION for Extension of Time to Oppose Defendants' Motion for Summary Judgment and Memorandum in Support filed by Plaintiffs Kraig Canfield, Daniel Lassche, George Monfort, Timothy Redmond, Nick Watson. (Attachments: # 1 Text of Proposed Order Proposed Order)(Porter, Karra) (Entered: 12/07/2015)

Dec. 7, 2015
91

MOTION for Leave to File Excess Pages and Memorandum in Support filed by Plaintiffs Kraig Canfield, Daniel Lassche, George Monfort, Timothy Redmond, Nick Watson. (Attachments: # 1 Text of Proposed Order Proposed Order)(Porter, Karra) (Entered: 12/18/2015)

Dec. 18, 2015
92

MEMORANDUM in Opposition re 80 Defendant's MOTION for Summary Judgment and Memorandum in Support filed by Plaintiffs Kraig Canfield, Daniel Lassche, George Monfort, Timothy Redmond, Nick Watson. (Attachments: # 1 Exhibit A − Depo of David Maloney, # 2 Exhibit B − Depo of Eric St. Germain, # 3 Exhibit D − Depo of Jason Nicholes, # 4 Exhibit E − Depo of Daniel Gappmayer, # 5 Exhibit F − Depo of Robert Powell, # 6 Exhibit G − Map of Olympus, # 7 Exhibit H − Depo of Jason McClain, # 8 Exhibit I − Depo of Daniel Lassche, # 9 Exhibit J − Depo of Timothy Redmond, # 10 Exhibit K − Depo of Nick Watson, # 11 Exhibit L − Depo of George Monfort, # 12 Exhibit M − Depo of Kraig Canfield, # 13 Exhibit N − Depo of Nancy Eskelson, # 14 Exhibit O − Depo of Tyrell Shephard, # 15 Exhibit P − Depo of Calvin Welch, # 16 Exhibit Q − Depo of Robert Kempe, # 17 Exhibit R − Depo of Neil Andersen, # 18 Exhibit S − Photographs, # 19 Exhibit T − Depo of Eldon Vail, # 20 Exhibit U − Kempe Drawing, # 21 Exhibit V − Chronological Shift Log)(Porter, Karra) (Entered: 12/18/2015)

Dec. 18, 2015
93

NOTICE OF CONVENTIONAL FILING of Exhibit C filed by Plaintiffs Kraig Canfield, Daniel Lassche, George Monfort, Timothy Redmond, Nick Watson re 92 Memorandum in Opposition to Motion,,,, (Porter, Karra) (Entered: 12/18/2015)

Dec. 18, 2015
94

ORDER granting 91 Motion for Leave to File Excess Pages. Plaintiffs may have an additional 9 pages of argument for a total of 34 pages of argument in their Memorandum in Opposition to Defendants Motion for Summary Judgment 80 . Signed by Judge Dale A. Kimball on 12/21/2015. (eat) (Entered: 12/21/2015)

Dec. 21, 2015
95

Modification of Docket: re 92 Memorandum in Opposition to Motion. Exhibits G, P, Q, S, and V of the memorandum were sealed per chambers instruction. Counsel may include these items in a motion to file under seal. (jwt) (Entered: 12/22/2015)

Dec. 22, 2015
96

MOTION to Seal and Memorandum in Support Exhibits C, G, P, Q, S, V, W to Memorandum in Opposition to Motion for Summary Judgment filed by Plaintiffs Kraig Canfield, Daniel Lassche, George Monfort, Timothy Redmond, Nick Watson. (Attachments: # 1 Text of Proposed Order Proposed Order)(Porter, Karra) (Entered: 12/22/2015)

Dec. 22, 2015
97

ORDER granting 96 Motion to Seal. Signed by Judge Dale A. Kimball on 12/23/2015. (jwt) (Entered: 12/23/2015)

Dec. 23, 2015
98

EXHIBITS filed by Kraig Canfield, Daniel Lassche, George Monfort, Timothy Redmond, Nick Watson re 96 MOTION to Seal and Memorandum in Support Exhibits C, G, P, Q, S, V, W to Memorandum in Opposition to Motion for Summary Judgment , 97 Order on Motion to Seal. (Porter, Karra) (Entered: 12/23/2015)

Dec. 23, 2015
99

**SEALED DOCUMENT** Exhibits re 80 Defendant's MOTION for Summary Judgment and Memorandum in Support filed by Plaintiffs Kraig Canfield, Daniel Lassche, George Monfort, Timothy Redmond, Nick Watson. Exhibit C is a video and is not attached to this entry, but is included on the disk attached to the paper filing. (Attachments: # 1 Exhibit G − Map of Olympus, # 2 Exhibit P − Deposition of Calvin Welch, # 3 Exhibit Q − Deposition of Robert Kempe, # 4 Exhibit S − Photographs, # 5 Exhibit V − Chronological Shift Log, # 6 Exhibit W − Bullet Report)(jwt) (Entered: 12/28/2015)

Dec. 23, 2015
100

Stipulated MOTION for Extension of Time to File Response/Reply as to 99 Sealed Document,, filed by Defendants Scott Crowther, Jason Nicholes, Robert Powell. (Attachments: # 1 Text of Proposed Order)(Jones, Joni) (Entered: 01/04/2016)

Jan. 4, 2016
101

ORDER granting Stipulated 100 Motion for Extension of Time to File Response/Reply re 100 Stipulated MOTION for Extension of Time to File Response/Reply as to 99 Sealed Document. Replies due by 2/4/2016. Signed by Judge Dale A. Kimball on 1/5/16. (jmr) (Entered: 01/05/2016)

Jan. 5, 2016
103

ORDER granting 102 Motion for Extension of Time to File Response/Reply re 80 Defendant's MOTION for Summary Judgment and Memorandum in Support. Reply Memorandum due by 2/25/2016. Signed by Judge Dale A. Kimball on 2/3/2016. (eat) (Entered: 02/03/2016)

Feb. 3, 2016

State / Territory: Utah

Case Type(s):

Prison Conditions

Special Collection(s):

Post-WalMart decisions on class certification

Key Dates

Filing Date: June 3, 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Two classes: Damages Class: All prisoners and former prisoners who were in their cells in the Olympus wing of the Utah State Prison on August 3, 2011, and were thereby exposed to noxious o-chlorobenzylidene malononitrile Injunctive Class: All prisoners currently incarcerated in the Olympus wing of the Utah State Prison

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: Granted

Defendants

Utah State Prison (Draper), State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Assault/abuse by staff

Conditions of confinement

Disciplinary procedures

Excessive force

Pepper/OC spray

Personal injury

Medical/Mental Health:

Medical care, general

Type of Facility:

Government-run