Case: Shook v. Board of County Commissioners

Shook v. The Board of County Commissioners of the County of El Paso

Shook v. The Board of County Commissioners of the County of El Paso

Shook v. Board of County Commissioners of the County of El Paso

Shook v. The Board of County Commissioners of the County of El Paso

Shook v. The Board of County Commissioners of the County of El Paso

U.S. Court of Appeals for the Tenth Circuit

Class Action COMPLAINT for Injunctive and Declaratory Relief (Summons(es) issued) (bpm) Modified on 04/02/2002 (Entered: 04/02/2002)

MOTION by plaintiff to certify class action and supporting authorities (bpm) (Entered: 04/02/2002)

FILING FEE PAID: on 4/2/02 in the amount of $ 150, receipt # 233715. (bpm)

Unopposed MOTION by defendants to extend time to 5/13/02 to file answer/response to cmp and response to mtn for class certification (lam) (Entered: 04/22/2002)

ORDER by Judge Richard P. Matsch granting dfts' motion to extend time to 5/13/02 to file answer/response to cmp and response to mtn for class certification [3-1] (cc: all counsel) ; entry date : 4/22/02 (lam) (Entered: 04/22/2002)

ATTORNEY APPEARANCE for plaintiffs by Thomas S. Nichols (lam) Modified on 04/24/2002 (Entered: 04/24/2002)

Notice of ATTORNEY APPEARANCE for plaintiffs by David Cyrus Fathi (lam) (Entered: 04/26/2002)

RETURN OF SERVICE of Summons and Complaint upon defendant John Wesley Anderson on 4/4/02 by leaving with Donald E. Walsh, agent (lam) (Entered: 04/26/2002)

MOTION by defendants to dismiss, or for summary judgment (dlb) (Entered: 05/14/2002)

RESPONSE by defendant to motion to certify class action and supporting authorities [2-1] (dlb) (Entered: 05/14/2002)

Unopposed MOTION by plaintiffs to extend time to 6/4/02 to file reply in support of mtn to certify class (lam) (Entered: 05/23/2002)

Amended Proof of Service (CERTIFICATE OF MAILING BY PARTY) of pla's unopppsoed motion to extend time to 6/4/02 to file reply in support of mtn to certify class [10-1] (lam) (Entered: 05/23/2002)

MINUTE ORDER : by Judge Richard P. Matsch granting motion to extend time to 6/4/02 to file reply in support of mtn certify class [10-1] (cc: all counsel) ; entry date : 5/23/02 (lam) (Entered: 05/23/2002)

Unopposed MOTION by plaintiffs to extend time to file response to mtn to dismiss to 6/11/02 (lam) (Entered: 05/31/2002)

MINUTE ORDER : by Judge Richard P. Matsch granting pla's motion to extend time to file response to mtn to dismiss to to 6/11/02 [13-1], [8-1], [8-2] (cc: all counsel) ; entry date : 6/3/02 (lam) (Entered: 06/03/2002)

Unopposed MOTION by plaintiffs for second 1 wk ext of time for plas to file reply in support of mtn to certifiy class (lam) (Entered: 06/04/2002)

MINUTE ORDER : by Judge Richard P. Matsch granting pla's motion to ext time to file reply to 6/11/02 re: mtn to certifiy class [15-1], regarding [2-1] (cc: all counsel) ; entry date : 6/5/02 (lam) (Entered: 06/05/2002)

Unopposed MOTION by plaintiffs for order to withdraw Robillard as named pla and to change case caption (lam) (Entered: 06/07/2002)

REPLY by plaintiffs in support of motion to certify class [2-1] (lam) (Entered: 06/11/2002)

Memorandum (BRIEF) by plaintiffs in opposition to motion to dismiss [8-1], or, in the alternative for summary judgment [8-2] (lam) (Entered: 06/11/2002)

DECLARATION of Michael H. Gendel, M.D. by plaintiffs (lam) (Entered: 06/11/2002)

DECLARATION of Deborah Van Den Honert by plaintiffs (lam) (Entered: 06/11/2002)

Advisory (STATEMENT) re: suicide in El Paso Cnty Jail by plaintiffs (lam) (Entered: 06/19/2002)

ORDER for Supplemental Briefing by Judge Richard P. Matsch regarding [2-1] motion to certify class action and supporting authorities; the parties have to 7/10/02, to submit suppl briefs regarding the applicability of the Prison Lit Reform Act to the question of class cert for protective relief (cc: all counsel) ; entry date : 6/24/02 (former empl) (Entered: 06/24/2002)

MOTION by Dfts' to strike Pla's Advisory statement regarding Suicide in El Paso County Jail [22-1] (erv) (Entered: 06/24/2002)

Unopposed MOTION by Dfts' to extend time to File a Reply in support of their Motion for Sum Jgm up to and incl 7/24/02 (erv) (Entered: 06/24/2002)

MINUTE ORDER : by Judge Richard P. Matsch granting motion to extend time to File a Reply in support of their Motion for Sum Jgm up to and incl 7/24/02 [25-1] (cc: all counsel) ; entry date : 6/25/02 (pap) (Entered: 06/25/2002)

Supplemental BRIEF FILED by plaintiffs regarding applicability of the PLRA to motion to certify class action [2-1] (lam) (Entered: 07/01/2002)

RESPONSE by plaintiffs to motion to strike Pla's Advisory statement regarding Suicide in El Paso County Jail [22-1] [24-1] (lam) (Entered: 07/05/2002)

SUPPLEMENTAL Brief by Dfts' Re: order [23-1] dated 6/21/02 Re: Applicability of the Prison Litigation Reform Act to Pla's Motion to Certify Class (erv) (Entered: 07/11/2002)

REPLY by defendants to response to motion to dismiss [8-1], motion for summary judgment [8-2] (lam) (Entered: 09/05/2002)

MOTION by proposed intervenors Shirlen Mosby, James Vaughan to intervene as plas and for joinder in motion to certify class (lam) (Entered: 07/29/2002)

NOTICE of additional authority by plaintiffs relevant to dfts' motion to dismiss [8-1] or for summary judgment [8-2] (lam) (Entered: 07/30/2002)

MOTION by Plas' for order to set Scheduling Conf and to Direct the Parties to Confer pursuant to D.C. COLO. LCivR.16.1 (erv) (Entered: 08/08/2002)

NOTICE of addl authority by plaintiffs re: motion to dismiss [8-1] or for summary judgment [8-2] (lam) (Entered: 08/15/2002)

RESPONSE by defendant in opp to motion to intervene as plas and for joinder in motion to certify class [31-1] (lam) (Entered: 08/15/2002)

NOTICE of additional authority by plaintiffs re: dfts' motion to dismiss [8-1] or for summary judgment [8-2] (lam) (Entered: 08/22/2002)

REPLY by plaintiffs in support of motion to intervene as plas and for joinder in motion to certify class [31-1] (lam) (Entered: 08/26/2002)

RESPONSE by defendants in opp to motion for order to set scheduling conf and to direct parties to confer pursuant to Local Rule 16.1 [33-1] (lam) (Entered: 08/27/2002)

ORDER by Judge Richard P. Matsch denying motion for order to set scheduling conf [33-1], there are dispositive mtns pending in this case (cc: all counsel) ; entry date : 9/3/02 (lam) (Entered: 09/03/2002)

First SUPPLEMENT by defendants to motion reply [30-1] re: motion to dismiss [8-1], to motion for summary judgment [8-2] (lam) (Entered: 09/05/2002)

ORDER by Judge Richard P. Matsch granting motion to strike Pla's Advisory statement regarding Suicide in El County Jail [22-1] [24-1]; the appropriate procedure to refer to addl info which may support the plas' cmp is to include it in responses to the mtn for sum jgm [22-1] (cc: all counsel) ; entry date : 12/5/02 (lam) (Entered: 12/05/2002)

ORDER by Judge Richard P. Matsch setting hearing on dfts' motion to dismiss [8-1], or for summary judgment [8-2] and pla's motion to certify class action [2-1], to be considered as a motion for sum jgm, 2:00 1/15/03 (cc: all counsel) ; entry date : 12/5/02 (lam) (Entered: 12/05/2002)

ORDER by Judge Richard P. Matsch deeming pla Robilliad's motion for order to withdraw Robillard as named pla and to change case caption [17-1] a motion to to dismiss; that the claims of James Robillard are dismissed and the caption will be changed to remove Robillard as a party pla ( dismissing pla James Robillard ) (cc: all counsel) ; entry date : 12/5/02 (lam) (Entered: 12/05/2002)

NOTICE of additional authority by plaintiffs re: dfts' pending motion to dismiss [8-1] or for summary judgment [8-2] (lam) (Entered: 01/09/2003)

COURTROOM MINUTES (Motions Hearing and Status Conf) by Judge Richard P. Matsch: plas' brief addressing eighth amendment issues raised by the Court is to be filed by 1/17/03; granting motion to intervene for the limited purpose of determinong class certification [31-1]; taking under advisement on 1/15/03 the motion to dismiss [8-1] or for summary judgment [8-2] and motion to certify class [2-1] in 02-M-651 ; entry date : 1/16/03 Court Reporter: ECR - Kathy Teraskai (lam) (Entered: 01/16/2003)

CLASS ACTION Intervenor COMPLAINT, filed by Shirlen Mosby, James Vaughan.(pap, ) (Entered: 01/12/2005)

Supplemental BRIEF w/respect to 8th and 14th amendments FILED by plaintiffs re: minutes [45-1] (lam) Modified on 01/27/2003 (Entered: 01/27/2003)

NOTICE of correction by defendant El Paso Cty Bd Commr, defendant John Wesley Anderson regarding oral argument on 1/15/03 [45-1] (lam) (Entered: 02/06/2003)

SUPPLEMENT by defendants to notice of correction [48-1], re: [44-1] (lam) (Entered: 04/08/2003)

Second SUPPLEMENT by defendants; as of 4/21/03, the El Pason Cnty Brd of Cnty Commr has hired 2 new mental health professionals to work at the jail re: [49-1], [48-1], [44-1] (lam) (Entered: 04/25/2003)

MOTION by plaintiffs to strike supplement to notices [50-1], [49-1] (lam) (Entered: 05/07/2003)

RESPONSE by defendants in opp to plas' motion to strike [50-1], [49-1] [51-1] (lam) (Entered: 05/19/2003)

REPLY by plaintiffs in support of their motion to strike supplement to notices [50-1], [49-1] [51-1] (pap) (Entered: 06/03/2003)

NOTICE of addl authority by plaintiffs re: plas' motion to certify class action [2-1] and dfts' motion to dismiss [8-1], or for summary judgment [8-2] (lam) (Entered: 06/09/2003)

ORDER by Judge Richard P. Matsch that plas' and intervenors' motion for class certification is denied [2-1]; the dfts' motion to dismiss [8-1] or for summary judgment [8-2] is denied and the plas and intervenors have 30 days to file an amended complaint for individual remedies (cc: all counsel) ; entry date : 7/31/03 (lam) (Entered: 07/31/2003)

ATTORNEY APPEARANCE for dfts El Paso Cty Bd Commr, John Wesley Anderson (Terry Maketa), in official capacity as Sheriff of El Paso Cnty by Jay Allen Lauer (lam) (Entered: 07/31/2003)

Election (STATEMENT) by plaintiffs and intervnors not to file amended complaint re: order [55-1] (lam) (Entered: 08/22/2003)

ORDER by Judge Richard P. Matsch that the plas and invervenors have now conceded that their claism for declaratory and injunctive relief are moot because they are no longer in the El Paso Cnty Jail Facilities and apparently do not want to amd their pleadings to seek damages; action is now dismissed (cc: all counsel) ; entry date : 8/26/03 (lam) (Entered: 08/26/2003)

NOTICE OF APPEAL by plaintiffs Mark Shook and Dennis Jones and involuntary-plaintiffs Shirlen Mosby and James Vaughan re: order filed 7/29/03 [55-1] and order filed 8/22/03 [58-2]; Notice of transcript order form due 9/15/03; Notice mailed to all counsel on 9/9/03 (msn) (Entered: 09/09/2003)

$100.00 fee and $5.00 fee paid. Receipt No 246078. re: appeal [59-1] (msn)

NOTIFICATION by Circuit Court of assignment of Case No. [59-1] 03-1397 (msn) (Entered: 09/15/2003)

NOTICE OF TRANSCRIPT ORDER FORM filed by plaintiffs/appellants and involuntary-plaintiffs/appellants; TOF filed states...a transcript is not necessary for this appeal; re: appeal [59-1] (msn) (Entered: 09/16/2003)

CERTIFICATION by plaintiffs and involuntary-plaintiffs re: transcript. (msn) (Entered: 09/16/2003)

LETTER (Re: [59-1]) to USCA and all counsel advising that the record is now complete...a transcript is not necessary for this appeal. (msn) (Entered: 09/16/2003)

CERTIFICATE by plaintiffs/appellants Mark Shook and Dennis Jones and involuntary-plaintiffs/appellants Shirlen Mosby, and James Vaughan that appellants have ordered transcript of 1/15/03 requested by appellees (msn) (Entered: 10/02/2003)

NOTICE OF TRANSCRIPT ORDER FORM filed by plaintiffs/appellants Mark Shook and Dennis Jones and involuntary-plaintiffs/appellants Shirlen Mosby and James Vaughan; Transcript of hearing 1/15/03 ordered but form not signed by Kathy Terasaki (appellees requested appellants to order this transcript) re: appeal [59-1] (msn) (Entered: 10/02/2003)

LETTER (Re: [59-1]) to USCA and all counsel advising that the record is NOT complete. Appellants have filed a TOF ordering the transcript of the 1/15/03 hearing requested by appellees. (msn) (Entered: 10/02/2003)

NOTICE OF TRANSCRIPT ORDER FORM filed by Kathy Teraskai; Transcript of 1/15/03 Hearing ordered; re: appeal [59-1]; reporter's transcript due at 12/2/03 (msn) (Entered: 10/06/2003)

REPORTER'S TRANSCRIPT of Motion Hearing on 1/15/03 before Judge Matsch (Re: [59-1]); Pgs 1-55 Cert Copy; Prepared By: Kathy Terasaki (msn) Modified on 12/09/2003 (Entered: 12/04/2003)

LETTER (Re: [59-1]) to USCA and all counsel advising that the record is now complete...all transcripts ordered for the appeal are now on file as of 12/2/03 (msn) Modified on 12/09/2003 (Entered: 12/05/2003)

MANDATE of USCA issued on 12/16/04 as to 59 Notice of Appeal, filed by Dennis Jones,, Mark Shook,, Shirlen Mosby,, James Vaughan. Judgment of of 10/18/04 reversing and remanding the USDC decision for further consideration of the prisoners' complaint. (djs, ) (Entered: 12/17/2004)

Unopposed MOTION for Extension of Time to File Answer re 71 Intervenor Complaint, 1 Complaint up to and including1/10/05 by Intervenor Defendants and Defendants.(pap, ) (Entered: 01/12/2005)

MINUTE ORDER granting 72 Dfts/Intervenor Dfts' Motion for Extension of Time to Answer John Wesley Anderson answer due 1/10/2005; El Paso County, Board of County Commissioners of El Paso County answer due 1/10/2005; El Paso County, Board of County Commissioners of El Paso County answer due 1/10/2005; John Wesley Anderson answer due 1/10/2005. Entered by Judge Richard P. Matsch on 1/4/05. (pap, ) (Entered: 01/12/2005)

ANSWER to Class Action Complaint for Injunctive and Declaratory Relief with Jury Demand by El Paso County, Board of County Commissioners of El Paso County, John Wesley Anderson.(pap, ) (Entered: 01/12/2005)

ANSWER and Jury Demand to Class Action Intervenor Complaint by John Wesley Anderson, El Paso County, Board of County Commissioners of El Paso County.(pap, ) (Entered: 01/12/2005)

MOTION for Leave to File Supplemental Complaint 1 by Plaintiffs Mark Shook, Dennis Jones. (lam, ) (Entered: 01/28/2005)

TENDERED Supplemental Class Action Complaint for Injunctive and Declaratory Relief to 76 MOTION for Leave to file Supplemental Complaint 1 by Plaintiffs Mark Shook, Dennis Jones. (lam, ) (Entered: 01/28/2005)

MOTION to Intervene as parties plaintiff and class representatives and MOTION for Joinder in Motion to Certify Class by Thomas Reinig and Lottie Elliott. (lam, ) (Entered: 01/28/2005)

TENDERED Class Action Complaint in Intervention re: 78 MOTION to Intervene and MOTION for Joinder by Lottie Elliott, Thomas Reinig. (lam, ) (Entered: 01/28/2005)

Opposition (RESPONSE) 78 to MOTION to Intervene filed by Defendants El Paso County, Board of County Commissioners of El Paso County, John Wesley Anderson. (lam, ) (Entered: 02/16/2005)

MOTION to Hold in Abeyance (Opposed) or, alternatively, to file Brief in Substitution (Unopposed) by Defendants El Paso County, Board of County Commissioners of El Paso County, John Wesley Anderson. (lam, ) (Entered: 02/16/2005)

Opposition (RESPONSE) to 76 Plaintiffs' MOTION for Leave to File Supplemental 1 Complaint filed by Defendants El Paso County, Board of County Commissioners of El Paso County, John Wesley Anderson. (lam, ) (Entered: 02/16/2005)

Amended MOTION for Order to Hold in Abeyance matter pending the US Supreme Court's consideration of Defendants' petition for writ of certiorari (Opposed) or, Altenatively, MOTION to Set Briefing Schedule re: issue of class certification (Unopposed) by Defendants El Paso County, Board of County Commissioners of El Paso County, John Wesley Anderson. (lam, ) (Entered: 02/17/2005)

REPLY Memorandum in Support of Plas' 76 MOTION for Leave to File Supplemental 1 Complaint and 78 MOTION for Leave to Intervene and MOTION for Joinder in Motion to Certify Class, filed by Plaintiffs Mark Shook, Dennis Jones and proposed pla intervenors. (gms, ) (Entered: 02/22/2005)

RESPONSE in Opposition to Dfts' Amended 83 MOTION to Hold in Abeyance and in Response to Motion to Set Briefing Schedule filed by Plaintiffs Mark Shook, Dennis Jones, Intervenor Plaintiffs Shirlen Mosby, James Vaughan. (gms, ) (Entered: 02/23/2005)

REPLY in support of 83 Amended MOTION for Order to Hold in Abeyance matter pending the US Supreme Court's consideration of Defendants' petition for writ of certiorari (Opposed) or, Altenatively, MOTION to Set Briefing Schedule re: issue of class certification (Unopposed) by Defendants El Paso County, Board of County Commissioners of El Paso County, John Wesley Anderson (dlb, ) (Entered: 03/01/2005)

NOTICE of Change of Address of David C. Fathi by Thomas S. Nichols (gms, ) (Entered: 03/10/2005)

Letter from 10CCA regarding writ of certiorari re 59 Notice of Appeal assigned Supreme Court No. 04-1200. ( Appeal No. 04-1397) (djs, ) (Entered: 03/16/2005)

ORDER granting 76 Plas' Motion to Supplement Class Action Complaint, granting 78 Thomas Reinig's and Lottie Elliott's Motion to Intervene and 78 Motion for Joinder. Denying 83 Dfts' Motion to hold in abeyance and 83 Motion to Stay. Dfts shall have to and including 5/27/05 to plead to the supplement. Plas and Intv's shall file a new motion for class certification and dfts shall respond to the motion on or before 7/25/05, plas and intervenors may reply on or before 8/9/05. Signed by Judge Richard P. Matsch on 4/1/05. (pap, ) (Entered: 04/05/2005)

SUPPLEMENTAL CLASS ACTION COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF against Terry Maketa, El Paso County, Board of County Commissioners of El Paso County, filed by Mark Shook, Dennis Jones.(pap, ) (Entered: 04/05/2005)

CLASS ACTION COMPLAINT IN INTERVENTION against Intervenor Defendants The Board of County Commissioners of the County of El Paso and Terry Maketa, filed by Lottie Elliott, Thomas Reinig.(pap, ) (Entered: 04/05/2005)

Letter from 10CCA regarding writ of certiorari was denied on 4/18/05 re 59 Notice of Appeal. (Appeal No. 03-1397) (djs, ) (Entered: 05/09/2005)

ANSWER to Class Action Intervenor Complaint by El Paso County, Board of County Commissioners of El Paso County, Terry Maketa.(lam, ) (Entered: 05/31/2005)

ANSWER to Supplemental Class Action Complaint for Injunctive and Declaratory Relief by Defendants Terry Maketa, El Paso County, Board of County Commissioners of El Paso County.(lam, ) (Entered: 05/31/2005)

MOTION to Certify Class and Supporting Authorities by Plaintiffs Mark Shook, Dennis Jones, Intervenor Plaintiffs Lottie Elliott, Thomas Reinig, Shirlen Mosby, James Vaughan. (lam, ) (Entered: 06/17/2005)

RESPONSE to Motion re 95 MOTION to Certify Class filed by Intervenor Defendants El Paso County, Board of County Commissioners of El Paso County, El Paso County, Board of County Commissioners of El Paso County, Terry Maketa, Defendants Terry Maketa, El Paso County, Board of County Commissioners of El Paso County. (Vaughan, Gordon) (Entered: 07/25/2005)

Unopposed MOTION for Extension of Time to File Response/Reply Brief in Support of Motion for Class Certification by Plaintiffs Mark Shook, Dennis Jones, Intervenor Plaintiffs Lottie Elliott, Thomas Reinig, Shirlen Mosby, James Vaughan. (Nichols, Thomas) (Entered: 07/28/2005)

MINUTE ORDER granting unopposed 97 Motion for Extension of Time to File Reply Brief in Support of 95 MOTION to Certify Class, filed by Plaintiffs, to 8/19/05, by Judge Richard P. Matsch on 7/28/05. (lam, ) (Entered: 07/28/2005)

REPLY to Response to Motion re 95 MOTION to Certify Class filed by Plaintiffs Mark Shook, Dennis Jones, Intervenor Plaintiffs Lottie Elliott, Thomas Reinig, Shirlen Mosby, James Vaughan. (Attachments: # 1 Declaration of Terry A. Kupers# 2 Declaration of Thomas S. Nichols)(Nichols, Thomas) (Entered: 08/19/2005)

1 Declaration of Terry A. Kupers

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2 Declaration of Thomas S. Nichols

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