Case: Shook v. Board of County Commissioners

1:02-cv-00651 | U.S. District Court for the District of Colorado

Filed Date: April 2, 2002

Clearinghouse coding complete

Case Summary

On April 2, 2002, prisoners at the El Paso County Jail in Colorado Springs filed a class action lawsuit in the U.S. District Court for the District of Colorado under 42 U.S.C. §1983 against El Paso County and its former and current sheriffs. The plaintiffs, represented by attorneys from the ACLU, alleged that the jail failed to protect and adequately provide for prisoners with serious mental health needs. When the lawsuit was filed, nine prisoners had died in the jail in recent years, and in t…

On April 2, 2002, prisoners at the El Paso County Jail in Colorado Springs filed a class action lawsuit in the U.S. District Court for the District of Colorado under 42 U.S.C. §1983 against El Paso County and its former and current sheriffs. The plaintiffs, represented by attorneys from the ACLU, alleged that the jail failed to protect and adequately provide for prisoners with serious mental health needs. When the lawsuit was filed, nine prisoners had died in the jail in recent years, and in the first year that the lawsuit was pending, two additional prisoners in the jail died from suicide. In almost every case, the deceased prisoner was suicidal, seriously mentally ill, or displaying symptoms of psychosis from overdose or withdrawal. Plaintiffs sought injunctive and declaratory relief, as well as class certification. Since the filing of the complaint, at least three separate reports by outside investigators have documented the inadequate state of mental health care in the jail: a report by a citizen's panel appointed by the Sheriff from October, 2002, a report by the National Institute of Corrections from May 26, 2003, and a report by the National Commission on Correctional Health Care from June 25, 2004.

On July 29, 2003, the District Court (Judge Richard P. Matsch) denied both the defendants' motion to dismiss and the plaintiff's motion for class certification. Shook v. El Paso County, 216 F.R.D. 644 (July 29, 2003). Plaintiffs appealed the denial of the class certification, and they won a ruling in the Tenth Circuit on October 18, 2004. Shook v. El Paso County., 386 F.3d 963 (10th Cir. 2004)

After the case returned to the district court, on April 1, 2005, the plaintiffs filed a Supplemental Complaint. Additional prisoners intervened as plaintiffs, and the plaintiffs filed a renewed motion for class certification. On June 28, 2006, Judge Matsch denied class certification a second time. Shook v. Bd. of Cnty. Comm'rs of Cnty. of El Paso, No. CIV.A. 02CV00651RPM, 2006 WL 1801379 (D. Colo. June 28, 2006).

On September 22, 2006, Judge Matsch dismissed the case for lack of jurisdiction. The plaintiffs appealed again to the Tenth Circuit Court of Appeals. On August 29, 2008, Judges Timothy M. Tymkovich, Neil M. Gorsuch, and Jerome M. Holmes of the Court of Appeals affirmed Judge Matsch's decision. Shook v. Bd. of Cnty. Commissioners of Cnty. of El Paso, 543 F.3d 597 (10th Cir. 2008).

Summary Authors

Jessica Kincaid (2/3/2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4759107/parties/shook-v-el-paso-cty-bd-commr/


Judge(s)

Gorsuch, Neil M. (Colorado)

Matsch, Richard Paul (Colorado)

Nottingham, Edward Willis Jr. (Colorado)

Watanabe, Michael J. (Colorado)

Attorneys(s) for Plaintiff

Fathi, David Cyrus (District of Columbia)

Nichols, Thomas S. (Colorado)

Silverstein, Mark (Colorado)

Attorneys(s) for Defendant

Cook, Sara Ludke (Colorado)

Garcia, J. Benedict (Colorado)

Gorgey, Andrew Coleman (Colorado)

Judge(s)

Gorsuch, Neil M. (Colorado)

Matsch, Richard Paul (Colorado)

Nottingham, Edward Willis Jr. (Colorado)

Watanabe, Michael J. (Colorado)

Attorneys(s) for Plaintiff

Fathi, David Cyrus (District of Columbia)

Nichols, Thomas S. (Colorado)

Silverstein, Mark (Colorado)

Attorneys(s) for Defendant

Cook, Sara Ludke (Colorado)

Garcia, J. Benedict (Colorado)

Gorgey, Andrew Coleman (Colorado)

Lauer, Jay Allen (Colorado)

Vaughan, Gordon Lamar (Colorado)

Documents in the Clearinghouse

Document

Docket [PACER]

Oct. 3, 2008 Docket
1

Class Action Complaint for Injunctive and Declaratory Relief

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

April 2, 2002 Complaint
90

Supplemental Class Action Complaint for Injunctive and Declaratory Relief

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

Jan. 24, 2005 Complaint
106

Order Denying Class Certification

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

June 28, 2006 Order/Opinion
121

Order of Dismissal

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

Sept. 22, 2006 Order/Opinion
131

Appeal from the United States District Court

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

U. S. Court of Appeals for the Tenth Circuit

543 F.3d 597

Aug. 29, 2008 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4759107/shook-v-el-paso-cty-bd-commr/

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

ECF Number Description Date Link
106

ORDER that 95 Plaintiffs' Motion for Class Certification is denied. Signed by Judge Richard P. Matsch on 6/28/06. (lam, )

June 28, 2006 RECAP
1

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

April 2, 2002
107

ORDER granting 105 Motion to Intervene by Victor Siegrist and the class action complaint in intervention submitted on 3/17/06 is filed. The Defendants shall plead to the complaint in intervention of Intervenor-Plaintiff Victor Siegrist w/in 20 days from the date of this order. Signed by Judge Richard P. Matsch on 6/28/06. (lam, )

June 28, 2006 RECAP
2

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

April 2, 2002
114

ORDER granting Defendants' 113 Unopposed Motion to Withdraw Portion of Motion to Dismiss 110 . Defendants' motion to dismiss is withdrawn as to Intervenor Plaintiff Victor Siegrist, and Defendants shall have up to and including 8/14/06 to file an answer to Intervor Plaintiff Siegrist's intervention complaint. Signed by Judge Richard P. Matsch on 7/31/06. (lam, )

July 31, 2006 RECAP

FILING FEE PAID: on 4/2/02 in the amount of $ 150, receipt # 233715. (bpm) (Entered: 04/02/2002)

April 2, 2002
3

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)

April 19, 2002
116

ORDER Setting Scheduling Conference for 10/20/2006 02:30 PM in Conference Room before Judge Richard P. Matsch. Signed by Judge Richard P. Matsch on 9/1/06. (lam, )

Sept. 1, 2006 RECAP
120

ORDER of Dismissal of Intervenor-Plaintiff Victor Siegrist without prejudice, each party to bear own costs 118 . Signed by Judge Richard P. Matsch on 9/22/06.(lam, )

Sept. 22, 2006 RECAP
4

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)

April 19, 2002
121

ORDER OF DISMISSAL that the motion to dismiss for lack of jurisdiction is granted and this action is dismissed. Signed by Judge Richard P. Matsch on 9/22/06. (lam, )

Sept. 22, 2006 RECAP
5

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

April 23, 2002
6

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

April 25, 2002
7

RETURN OF SERVICE of Summons and Complaint upon defendant El Paso Cty Bd Commr on 4/4/02 by leaving wtih Eileen F. Gilbert, Deputy Clerk (lam) (Entered: 04/26/2002)

April 26, 2002
7

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)

April 26, 2002
8

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

May 13, 2002
9

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

May 13, 2002
10

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)

May 22, 2002
11

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)

May 22, 2002
12

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)

May 22, 2002
13

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

May 30, 2002
14

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)

May 30, 2002
15

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)

June 3, 2002
16

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)

June 3, 2002
17

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

June 7, 2002
18

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

June 11, 2002
20

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

June 11, 2002
21

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

June 11, 2002
22

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

June 18, 2002
23

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)

June 21, 2002
24

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

June 21, 2002
25

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)

June 21, 2002
26

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)

June 24, 2002
27

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

June 28, 2002
28

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)

July 3, 2002
29

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)

July 10, 2002
30

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

July 25, 2002
31

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)

July 26, 2002
32

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)

July 29, 2002
33

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)

Aug. 7, 2002
34

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

Aug. 14, 2002
35

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)

Aug. 15, 2002
36

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

Aug. 21, 2002
37

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)

Aug. 23, 2002
38

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)

Aug. 27, 2002
39

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)

Aug. 30, 2002
41

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)

Dec. 3, 2002
42

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)

Dec. 3, 2002
43

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)

Dec. 3, 2002
44

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)

Jan. 8, 2003
45

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)

Jan. 15, 2003
71

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

Jan. 15, 2003
47

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)

Jan. 24, 2003
48

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)

Feb. 5, 2003
49

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

April 7, 2003
50

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)

April 24, 2003
51

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

May 6, 2003
52

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

May 16, 2003
53

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

June 2, 2003
54

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)

June 6, 2003
55

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)

July 29, 2003
56

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)

July 31, 2003
58

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)

Aug. 22, 2003
59

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)

Sept. 5, 2003

$100.00 fee and $5.00 fee paid. Receipt No 246078. re: appeal [59−1] (msn) (Entered: 09/09/2003)

Sept. 5, 2003
60

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

Sept. 12, 2003
61

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)

Sept. 15, 2003
62

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

Sept. 15, 2003
63

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)

Sept. 16, 2003
64

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)

Sept. 30, 2003
65

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)

Sept. 30, 2003
66

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)

Oct. 2, 2003
67

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)

Oct. 3, 2003
68

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)

Dec. 2, 2003
69

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)

Dec. 5, 2003
70

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)

Dec. 16, 2004
72

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)

Dec. 28, 2004
73

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)

Jan. 4, 2005
74

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)

Jan. 10, 2005
75

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)

Jan. 10, 2005
76

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

Jan. 24, 2005
77

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)

Jan. 24, 2005
78

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)

Jan. 24, 2005
79

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)

Jan. 24, 2005
80

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)

Feb. 14, 2005
81

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)

Feb. 14, 2005
82

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)

Feb. 14, 2005
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. (lam, ) (Entered: 02/17/2005)

Feb. 15, 2005
84

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)

Feb. 22, 2005
85

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)

Feb. 22, 2005
86

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)

Feb. 28, 2005
87

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

March 9, 2005
88

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)

March 15, 2005
89

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)

April 1, 2005
90

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)

April 1, 2005
91

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)

April 1, 2005
92

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)

May 6, 2005
93

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)

May 27, 2005
94

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)

May 27, 2005
95

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)

June 17, 2005

State / Territory: Colorado

Case Type(s):

Jail Conditions

Key Dates

Filing Date: April 2, 2002

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

Prisoners at the the El Paso County Jail in Colorado Springs

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

El Paso County (Colorado Springs, El Paso), County

Sheriff (Colorado Springs, El Paso), County

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Equal Protection

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

Classification / placement

Conditions of confinement

Counseling

Failure to train

Pepper/OC spray

Record-keeping

Restraints : chemical

Restraints : physical

Sanitation / living conditions

Staff (number, training, qualifications, wages)

Suicide prevention

Crowding:

Crowding / caseload

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Mental impairment

Medical/Mental Health:

Medical care, general

Mental health care, general

Self-injurious behaviors

Suicide prevention

Type of Facility:

Government-run