Case: Cervantes v. Baldwin

3:92-cv-00070 | U.S. District Court for the District of Oregon

Filed Date: Jan. 21, 1992

Clearinghouse coding complete

Case Summary

On January 21, 1992, an Oregon state prisoner filed this class action lawsuit against the Eastern Oregon Correctional Institution (EOCI) in the U.S. District Court for the District of Oregon under 42 U.S.C. § 1983, alleging that the EOCI used racially segregated celling practices. Specifically, he alleged that EOCI segregated Hispanic prisoners, only allowing them to transfer if the prospective cellmates approved in writing. The case was assigned to Magistrate Judge John Jelderks. On February 1…

On January 21, 1992, an Oregon state prisoner filed this class action lawsuit against the Eastern Oregon Correctional Institution (EOCI) in the U.S. District Court for the District of Oregon under 42 U.S.C. § 1983, alleging that the EOCI used racially segregated celling practices. Specifically, he alleged that EOCI segregated Hispanic prisoners, only allowing them to transfer if the prospective cellmates approved in writing.

The case was assigned to Magistrate Judge John Jelderks.

On February 11, 1992, the plaintiff moved to certify a class. The putative class definition is unknown, but it included prisoners currently incarcerated at EOCI.

The defendants moved for permission to interview all prospective class members. The plaintiff opposed the motion, and on April 14, 1992, Judge Jelderks denied it.

The court granted the plaintiff's motion to certify a class on May 11, 1992. The class definition is unavailable.

The defendants filed a new motion on June 5, 1992 for permission to depose “Hispanic surnamed inmates” currently imprisoned at EOCI. This motion was denied on July 30, 1992, although Judge Jelderks specified that if the plaintiff's attorneys met with absent class members to discuss this action, or if the defendants were found liable, the motion could be renewed.

On February 26, 1993, the defendants moved for summary judgement on the grounds of qualified immunity. On July 6, 1993, the court granted summary judgement for the defendants, although the plaintiff filed a motion for reconsideration on July 19. That led to additional discovery and a reversal of the original summary judgment decision. Instead, the court granted partial summary judgement in favor of the plaintiffs. Judge Jelderks explained that summary judgement had initially been granted to the defendants because it appeared that the segregation of Hispanic prisoners was temporary. From further discovery, it appeared that this was not the case. Therefore, a qualified immunity defense that EOCI reasonably believed its actions were permissible was unavailable. Thus, partial summary judgement was granted to the plaintiff on August 22, 1994, and a renewed motion by the defendants for summary judgement was denied.

The parties continued depositions and entered into a settlement agreement, which was approved by Judge Jelderks on June 25, 1996, with an entry of judgement on behalf of the plaintiff. Final approval was granted on August 28, and the case was administratively closed. The Clearinghouse is unaware of the settlement’s terms or whether it provided for ongoing relief, although the absence of docket activity for more than 20 years suggests the case is over.

Summary Authors

Samuel Poortenga (10/30/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/10251141/parties/cervantes-v-baldwin/


Judge(s)

Alito, Samuel A. Jr. (District of Columbia)

Jelderks, John A. (Oregon)

Attorneys(s) for Plaintiff

Haber, Roy S. (Oregon)

Neal, Spencer M. (Oregon)

Attorneys(s) for Defendant

Larsen, Lynn David (Oregon)

Londahl, Jan Peter (Oregon)

Judge(s)

Alito, Samuel A. Jr. (District of Columbia)

Jelderks, John A. (Oregon)

Attorneys(s) for Plaintiff

Haber, Roy S. (Oregon)

Neal, Spencer M. (Oregon)

Attorneys(s) for Defendant

Larsen, Lynn David (Oregon)

Londahl, Jan Peter (Oregon)

Documents in the Clearinghouse

Document

Docket [Pacer]

Dec. 28, 1998 Docket
98

Opinion (Denying Defendants' Renewed Motion for Summary Judgment and Granting Plaintiff's Renewed Motion for Partial Summary Judgment)

Aug. 22, 1994 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/10251141/cervantes-v-baldwin/

Last updated May 12, 2022

ECF Number Description Date Link
1

PETITION by plaintiff James R Cervantes to proceed in forma pauperis (former employee) (Entered: 01/24/1992)

Jan. 21, 1992 PACER
2

ORDER granting motion to proceed in forma pauperis [1-1] ntfd Signed 1/23/92 Magistrate George E. Juba (former employee) (Entered: 01/24/1992)

Jan. 23, 1992 PACER
3

COMPLAINT; J/T demanded (former employee) (Entered: 01/24/1992)

Jan. 23, 1992 PACER
4

Summons issued as to defendant George - Baldwin (former employee) (Entered: 01/24/1992)

Jan. 23, 1992 PACER
5

Summons issued as to defendant C. B. Taylor (former employee) (Entered: 01/24/1992)

Jan. 23, 1992 PACER
6

ORDER: discovery ddl set for 5/22/92; setting pretrial order ddl for 6/22/92 (former employee) (Entered: 01/24/1992)

Jan. 23, 1992 PACER
7

MOTION & memo by plaintiff James R Cervantes to certify class action o/a req. (former employee) (Entered: 02/11/1992)

Feb. 11, 1992 PACER
8

RECORD OF ord setting pltf's motion to certify class action [7-1] on m/c of 3/16/92 at 9:30am. ntfd Judge John Jelderks Court Rptr none (former employee) (Entered: 02/12/1992)

Feb. 12, 1992 PACER
9

ANSWER by defts' George - Baldwin & C. B. Taylor (former employee) (Entered: 02/21/1992)

Feb. 21, 1992 PACER
10

MOTION by defendants' to extend time to 3/3/92 to respond to mot for class certification [7-1] (former employee) (Entered: 02/24/1992)

Feb. 21, 1992 PACER
11

AFFIDAVIT by plaintiff of Spencer M. Neal re motion to extend time to 3/3/92 to respond to mot for class certification [7-1] [10-1] (former employee) (Entered: 02/25/1992)

Feb. 25, 1992 PACER
12

ORDER granting deft's motion to extend time to respond to mot for class certification [7-1] [10-1]. Defts' disc responses are due by 4/16/92. ntfd Signed 2/25/92 Judge John Jelderks (former employee) (Entered: 02/26/1992)

Feb. 25, 1992 PACER
13

MOTION by defendants' to allow depos (former employee) (Entered: 02/28/1992)

Feb. 28, 1992 PACER
14

AFFIDAVIT by defendant of Jan Peter Londahl (former employee) (Entered: 03/02/1992)

March 2, 1992 PACER
15

RECORD OF ord setting motion to allow depos [13-1] on m/c of 4/6/92 (noa) ntfd Judge John Jelderks Court Rptr none (former employee) (Entered: 03/04/1992)

March 4, 1992 PACER
16

MOTION by defendants' to amend ord allowing depos to take place on 3/24,25,26 & 27. (former employee) (Entered: 03/06/1992)

March 6, 1992 PACER
17

ORDER defts' mot to amend ord 16 and defts' mot to allow depos 13 are granted. Further ord that the depos will take place at the EOCI in Pendleton on 3/24,25,26 & 27. ntfd Signed 3/11/92 Judge John Jelderks (former employee) (Entered: 03/11/1992)

March 11, 1992 PACER
18

RECORD OF ord striking deft's mot to allow depos 13 from noa of 4/6. ORD resetting pltf's motion to certify class action [7-1] from m/c of 3/16 to the m/c of 5/11/92 at 10am. ntfd Judge John Jelderks Court Rptr none (former employee) (Entered: 03/11/1992)

March 11, 1992 PACER
19

OPPOSITION by plaintiff James R Cervantes to deft's mot to allow depos 16 . (former employee) (Entered: 03/13/1992)

March 13, 1992 PACER
20

RESPONSE by defendants to mot to allow depos 13 . (former employee) (Entered: 03/16/1992)

March 16, 1992 PACER
21

MOTION by defendants' to extend time to 4/16/92 to` respond to pltfs interrogs, req. for documents & admissions (first disc req) (former employee) (Entered: 03/16/1992)

March 16, 1992 PACER
23

RECORD OF t/conf. ORD w/drawing the court's previous ord which granted deft's mot to allow depos 13 and deft's mot to amend the ord 16 . ORD deft's mot to allow depos 13 is De nied. ORD deft's mot to amend the ord allowing depos 16 is denied. ntfd Judge John Jelderks Court Rptr none (former employee) (Entered: 03/18/1992)

March 17, 1992 PACER
22

Reply by plaintiff James R Cervantes to pltfs response to pltfs' opposition to mot to allow depos. (former employee) (Entered: 03/18/1992)

March 18, 1992 PACER
24

MOTION by defendants' to allow interviews all prospective class members incarcerated at EOCI (former employee) (Entered: 03/20/1992)

March 20, 1992 PACER
25

RECORD OF ord granting deft's motion to extend time to 4/16/92 to` respond to pltfs interrogs, req. for documents & admissions (first disc req) [21-1] ntfd Judge John Jelderks Court Rptr none (former employee) (Entered: 03/23/1992)

March 20, 1992 PACER
26

OPPOSITION by plaintiff James R Cervantes to motion to allow interviews all prospective class members incarcerated at EOCI [24-1] (former employee) (Entered: 03/25/1992)

March 25, 1992 PACER
27

Reply by defendants to pltf's opposition to its motion to allow interviews all prospective class members incarcerated at EOCI [24-1] (former employee) (Entered: 03/27/1992)

March 27, 1992 PACER
28

MOTION by defendants' to extend time to 5/16 to respond to pltf's first disc req. (former employee) (Entered: 04/08/1992)

April 8, 1992 PACER
29

RECORD OF ord setting defts' mot to interview all prospective class members incarcerated in E.O.C.I. 24 on m/c of 4/14/92 noa. ORD setting defts' mot for ext of time 28 on m/c of 4/27/92 noa. ntfd Judge John Jelderks Court Rptr none (former employee) (Entered: 04/09/1992)

April 8, 1992 PACER
30

RESPONSE by plaintiff James R Cervantes to defts' motion to extend time to 5/16 to respond to pltf's first disc req. [28-1] (former employee) (Entered: 04/10/1992)

April 10, 1992 PACER
32

ORDER denying defts' motion to allow interviews all prospective class members incarcerated at EOCI [24-1] ntfd Signed 4/14/92 Judge John Jelderks (former employee) (Entered: 04/16/1992)

April 14, 1992 PACER
31

MOTION by plaintiff James R Cervantes for leave to file a/complt. (former employee) (Entered: 04/15/1992)

April 15, 1992 PACER
33

RECORD OF ord setting motion for leave to file a/complt. [31-1] on m/c of 5/18/92 (noa) ntfd Judge John Jelderks Court Rptr none (former employee) (Entered: 04/23/1992)

April 22, 1992 PACER
34

RECORD OF ord granting unopposed motion to extend time to 5/16 to respond to pltf's first disc req. [28-1] ntfd Judge John Jelderks Court Rptr none (former employee) (Entered: 04/24/1992)

April 24, 1992 PACER
35

RESPONSE by defts' George - Baldwin, C. B. Taylor to pltf's motion to certify class action [7-1] (former employee) (Entered: 05/07/1992)

May 7, 1992 PACER
38

RECORD OF ord denying pltf's motion for leave to file a/complt. [31-1]. ORD granting pltf's motion to certify class action [7-1] ORD disc cut off is ext to 8/20, pto ext to 9/20. J/T set to begin on 11/4/92., ntfd Judge John Jelderks Court Rptr Christine Ervin (former employee) (Entered: 05/15/1992)

May 11, 1992 PACER
36

CONSENT by plaintiff James R Cervantes to trial by Magistrate [ Judge John Jelderks ] (former employee) (Entered: 05/14/1992)

May 14, 1992 PACER
37

CONSENT by defendants to trial by Magistrate [ Judge John Jelderks ] (former employee) (Entered: 05/14/1992)

May 14, 1992 PACER
39

MOTION by defendants' to allow depositions of Hispanic surnamed inmates currently imprisoned at EOCI (former employee) (Entered: 06/05/1992)

June 5, 1992 PACER
40

MEMORANDUM by defendants' in support of motion to allow depositions of Hispanic surnamed inmates currently imprisoned at EOCI [39-1] (former employee) (Entered: 06/05/1992)

June 5, 1992 PACER
41

RECORD OF ord setting deft's motion to allow depositions of Hispanic surnamed inmates currently imprisoned at EOCI [39-1] on m/c of 7/13/92 (noa) ntfd Judge John Jelderks Court Rptr none (former employee) (Entered: 06/11/1992)

June 10, 1992 PACER
42

OPPOSITION by pltf to dfts' mot to allow depositions of Hispanic surnamed inmates currently imprisoned at EOCI [39-1] OA REQ (former employee) (Entered: 06/16/1992)

June 15, 1992 PACER
43

RESPONSE by defendants' to pltfs' memorandum in opposition motion to allow depositions of Hispanic surnamed inmates currently imprisoned at EOCI [39-1] (former employee) (Entered: 06/19/1992)

June 19, 1992 PACER
44

RECORD OF telephone conference call. ORD defendants' motion to allow depositions of Hispanic Surnamed Inmates currently imprisoned at EOCI 39 is DENIED. Defendants may renew this motion if the names plaintiff's attorneys or their agents meet with absent class members to discuss this action. The motion may also be renewed if defendants' liability is established. ntfd Judge John Jelderks Court Rptr none (former employee) (Entered: 08/03/1992)

July 30, 1992 PACER
45

MOTION by plaintiff James R Cervantes to extend deadlines & for pretrial conference (former employee) (Entered: 08/19/1992)

Aug. 19, 1992 PACER
46

RECORD OF ord granting plaintiffs' unopposed motion to extend deadlines & for pretrial conference [45-1]. The extended case schedule is as follows: discovery cut off date is 12/20/92, pretrial order date is 1/20/93, dispositive motions shall be filed on or before 1/29/93. ORD setting a pretrial telephone conference to establish a trial date & to discuss the issue of bifurcation on 1/22/93 at 10am. ORD striking the jury trial from 11/4/92.,, ntfd Judge John Jelderks Court Rptr none (former employee) (Entered: 09/01/1992)

Aug. 31, 1992 PACER
47

TRANSCRIPT of Proceedings of May 11, 1992 filed (former employee) (Entered: 09/08/1992)

Sept. 4, 1992 PACER
48

RECORD OF ORDER before Judge John Jelderks setting telephone status conference set for 10:00 12/15/92 (cc: Counsel notified) Court Rptr none (former employee) (Entered: 11/23/1992)

Nov. 23, 1992 PACER
49

RECORD OF ORDER before Judge John Jelderks striking telephone status conference from 12/15/92. ORDER setting status & scheduling conference for 12/16/92 at 3:30pm. (cc: Counsel notified) Court Rptr none (former employee) (Entered: 11/25/1992)

Nov. 25, 1992 PACER
50

MOTION by Plaintiff FOR PARTIAL SUMMARY JUDGEMENT ; memorandum in support; statement of facts; o/a requested (former employee) (Entered: 12/21/1992)

Dec. 21, 1992 PACER
51

MOTION by Defendants' TO EXTEND TIME TO 2/4/93 TO RESPOND TO PLTF'S MOTION FOR PSJ [50-1] (former employee) (Entered: 12/28/1992)

Dec. 24, 1992 PACER
52

RECORD OF ORDER before Judge John Jelderks GRANTING Defts' MOTION TO EXTEND TIME TO 2/4/93 TO RESPOND TO PLTF'S MOTION FOR PSJ [50-1] [51-1]. ORDER SETTING Pltfs' MOTION FOR PARTIAL SUMMARY JUDGEMENT [50-1] on the oral argument calendar of 3/1/93 at 10am. (cc: Counsel notified) Court Rptr none (former employee) (Entered: 01/06/1993)

Jan. 5, 1993 PACER
53

RECORD OF ORDER before Judge John Jelderks RESETTING Pretrial telephone-conference conference set for 1:30 1/29/93 ; (cc: Counsel notified) Court Rptr none (former employee) (Entered: 01/13/1993)

Jan. 12, 1993 PACER
54

Suggestion of death as to Deft C B Taylor (former employee) (Entered: 01/25/1993)

Jan. 25, 1993 PACER
55

MOTION by Defendants' TO EXTEND TIME TO 2/26/93 TO RESPOND TO PLTF'S MOTION FOR PARTIAL SJ [50-1] (former employee) (Entered: 01/25/1993)

Jan. 25, 1993 PACER
56

RECORD OF ORDER before Judge John Jelderks GRANTING Defts' MOTION TO EXTEND TIME TO 2/26/93 TO RESPOND TO PLTF'S MOTION FOR PARTIAL SJ [50-1] [55-1]. Pltfs reply to the MOTION is due on 3/15/93 .ORDER RESETTING Pltfs MOTION FOR PARTIAL SUMMARY JUDGEMENT [50-1] to the oral argument calendar of 3/29/93 at 9am (cc: Counsel notified) Court Rptr none (former employee) (Entered: 02/04/1993)

Jan. 29, 1993 PACER
57

CROSS MOTION by Defts' George Baldwin, C B Taylor FOR SUMMARY JUDGMENT (QUALIFIED IMMUNITY) (former employee) (Entered: 02/26/1993)

Feb. 26, 1993 PACER
58

MEMORANDUM IN SUPPORT by Defendants of CROSS MOTION FOR SUMMARY JUDGMENT (QUALIFIED IMMUNITY) [57-1] (former employee) (Entered: 02/26/1993)

Feb. 26, 1993 PACER
59

STATEMENT OF FACTS by Defendants' in support of CROSS MOTION FOR SUMMARY JUDGMENT (QUALIFIED IMMUNITY) [57-1] (former employee) (Entered: 02/26/1993)

Feb. 26, 1993 PACER
60

MEMORANDUM of additional authorities by Defendants re memorandum [58-1], re MOTION FOR SUMMARY JUDGMENT (QUALIFIED IMMUNITY) [57-1] (former employee) (Entered: 03/03/1993)

March 3, 1993 PACER
61

MOTION by Plaintiff TO COMPEL GEORGE BALDWIN TO SUBMIT TO A DEPOSITION expedited hearing requested (former employee) (Entered: 03/05/1993)

March 5, 1993 PACER
63

RECORD OF ORDER before Judge John Jelderks SETTING Defts' CROSS- MOTION FOR SUMMARY JUDGMENT (QUALIFIED IMMUNITY) [57-1] on the oral argument calendar of 3/29/93 at 9am (cc: Counsel notified) Court Rptr none (former employee) (Entered: 03/10/1993)

March 8, 1993 PACER
62

RESPONSE TO MOTION by Defendants' re: Pltf's MOTION TO COMPEL GEORGE BALDWIN TO SUBMIT TO A DEPOSITION [61-1] (former employee) (Entered: 03/09/1993)

March 9, 1993 PACER
64

MEMORANDUM of additional authorities by Defendants re MOTION FOR SUMMARY JUDGMENT (QUALIFIED IMMUNITY) [57-1] (former employee) (Entered: 03/10/1993)

March 10, 1993 PACER
65

REPLY by Plaintiff James R Cervantes re: MOTION TO COMPEL GEORGE BALDWIN TO SUBMIT TO A DEPOSITION [61-1] (former employee) (Entered: 03/11/1993)

March 11, 1993 PACER
66

MOTION by Plaintiff James R Cervantes TO EXTEND TIME TO FILE REPLY TO ITS MOTION FOR SJ [57-1] (former employee) (Entered: 03/16/1993)

March 15, 1993 PACER
67

RESPONSE by Defendants; to MOTION reply by Pltf [65-1] (former employee) (Entered: 03/16/1993)

March 16, 1993 PACER
68

RECORD OF PROCEEDINGS before Judge John Jelderks TAKING UNDER ADVISEMENT on 3/18/93 Pltf's MOTION TO EXTEND TIME TO FILE REPLY TO ITS MOTION FOR SJ [57-1] [66-1] & MOTION TO COMPEL GEORGE BALDWIN TO SUBMIT TO A DEPOSITION [61-1] (cc: Counsel notified) Court Rptr TenBrook Tapes #422 & 423 (former employee) (Entered: 03/19/1993)

March 18, 1993 PACER
69

MEMORANDUM by Defendants George Baldwin C B Taylor of additional authorities (former employee) (Entered: 03/31/1993)

March 30, 1993 PACER
70

REPLY TO RESPONSE by Defendants George Baldwin C B Taylor re MOTION FOR SUMMARY JUDGMENT (QUALIFIED IMMUNITY) [57-1] (former employee) (Entered: 04/07/1993)

April 7, 1993 PACER
71

RESPONSE by Plaintiff James R Cervantes to Defendant's memorandum of additional authorities [69-1] suggestion re disposal of extant motions (former employee) (Entered: 04/09/1993)

April 9, 1993 PACER
72

OPINION re MOTION FOR PARTIAL SUMMARY JUDGEMENT [50-1] MOTION FOR SUMMARY JUDGMENT (QUALIFIED IMMUNITY) [57-1] Signed 7/6/93 by Judge John Jelderks (cc: Counsel notified) (former employee) (Entered: 07/07/1993)

July 6, 1993 PACER
73

ORDER GRANTING Defendants MOTION FOR SUMMARY JUDGMENT (QUALIFIED IMMUNITY) [57-1] DENYING Plaintiffs MOTION FOR PARTIAL SUMMARY JUDGEMENT [50-1] Signed 7/6/93 by Judge John Jelderks (cc: Counsel notified) (former employee) (Entered: 07/07/1993)

July 6, 1993 PACER
74

MOTION by Plaintiff James R Cervantes FOR RECONSIDERATION OF ORDER ON MOTION FOR SUMMARY JUDGMENT memorandum in support (former employee) (Entered: 07/19/1993)

July 19, 1993 PACER
75

AFFIDAVIT by Plaintiff James R Cervantes of Joseph Vitek re MOTION FOR RECONSIDERATION OF ORDER ON MOTION FOR SUMMARY JUDGMENT [74-1] (former employee) (Entered: 07/19/1993)

July 19, 1993 PACER
76

RECORD OF ORDER by Judge John Jelderks SETTING Plaintiff Cervantes MOTION FOR RECONSIDERATION OF ORDER ON MOTION FOR SUMMARY JUDGMENT [74-1] on not for oral argument calendar of 8/23/93 (cc: Counsel notified) Court Rptr (former employee) (Entered: 07/22/1993)

July 21, 1993 PACER
77

MOTION by Defendants George Baldwin and C B Taylor TO STRIKE PLAINTIFF'S MOTION TO RECONSIDER (former employee) (Entered: 07/23/1993)

July 23, 1993 PACER
78

MOTION by Defendants George Baldwin and C B Taylor FOR JUDGMENT (former employee) (Entered: 07/23/1993)

July 23, 1993 PACER
79

MOTION by Defendants George Baldwin, C B Taylor TO EXTEND TIME TO RESPOND TO MOTION FOR RECONSIDERATION [74-1] (former employee) (Entered: 07/26/1993)

July 26, 1993 PACER
80

RESPONSE TO MOTION by Defendants George Baldwin C B Taylor re [74-1] MOTION FOR RECONSIDERATION OF ORDER ON MOTION FOR SUMMARY JUDGMENT (former employee) (Entered: 07/27/1993)

July 27, 1993 PACER
81

RESPONSE TO MOTION by Plaintiff James R Cervantes re [79-1] MOTION TO EXTEND TIME TO RESPOND TO MOTION FOR RECONSIDERATION [74-1] [78-1] MOTION FOR JUDGMENT [77-1] MOTION TO STRIKE PLAINTIFF'S MOTION TO RECONSIDER (former employee) (Entered: 07/27/1993)

July 27, 1993 PACER
82

REPLY TO RESPONSE by Plaintiff James R Cervantes re [74-1] MOTION FOR RECONSIDERATION OF ORDER ON MOTION FOR SUMMARY JUDGMENT (former employee) (Entered: 08/05/1993)

Aug. 5, 1993 PACER
83

RECORD OF ORDER by Judge John Jelderks SETTING Pltf's MOTION TO STRIKE PLAINTIFF'S MOTION TO RECONSIDER [77-1] & MOTION FOR JUDGMENT [78-1] on not for oral argument calendar of 9/27/93 noa. ORDER GRANTING Defts MOTION TO EXTEND TIME TO RESPOND TO MOTION FOR RECONSIDERATION [74-1] [79-1]. RESETTING MOTION FOR RECONSIDERATION OF ORDER ON MOTION FOR SUMMARY JUDGMENT [74-1] on not for oral argument calendar of 9/27/93 (cc: Counsel notified) Court Rptr none (former employee) (Entered: 08/06/1993)

Aug. 5, 1993 PACER
84

RECORD OF ORDER by Judge John Jelderks FINDING Plaintiff's MOTION TO COMPEL GEORGE BALDWIN TO SUBMIT TO A DEPOSITION [61-1] and MOTION TO EXTEND TIME TO FILE REPLY TO ITS MOTION FOR SJ [57-1] [66-1] moot (former employee) (Entered: 10/12/1993)

Oct. 8, 1993 PACER
85

ORDER by Judge John Jelderks DENYING MOTION FOR ENTRY OF JUDGMENT [78-1] DENYING Defendants' MOTION TO STRIKE PLAINTIFF'S MOTION TO RECONSIDER [77-1] GRANTING MOTION FOR RECONSIDERATION OF ORDER ON MOTION FOR SUMMARY JUDGMENT [74-1] discovery set for 2/28/94 Discovery is reopened for the limited purpose of taking additional discovery as to the duration of the segregation at issue Parties may then submit any additional arguments on this issue in writing by 3/15/94 Signed 1/18/94 (counsel notified) (former employee) (Entered: 01/18/1994)

Jan. 18, 1994 PACER
86

MOTION by Plaintiff FOR RECONSIDERATION OF ORDER 1/18/94 (former employee) (Entered: 01/31/1994)

Jan. 31, 1994 PACER
87

RECORD OF ORDER by Judge John Jelderks DENYING Plaintiffs' MOTION FOR RECONSIDERATION OF ORDER 1/18/94 [86-1] (counsel notified) (former employee) (Entered: 02/16/1994)

Feb. 16, 1994 PACER
88

MOTION by Plaintiff TO EXTEND DISCOVERY TO 3/28/94 (former employee) (Entered: 02/23/1994)

Feb. 23, 1994 PACER
89

RESPONSE by Defendants George Baldwin and C B Taylor to [88-1] MOTION TO EXTEND DISCOVERY TO 3/28/94 (former employee) (Entered: 02/28/1994)

Feb. 28, 1994 PACER
90

RECORD OF ORDER by Judge John Jelderks SETTING Plaintiff's unopposed MOTION TO EXTEND DISCOVERY TO 3/28/94 [88-1] on not for oral argument calendar of 3/21/94 (counsel notified) (former employee) (Entered: 03/02/1994)

March 1, 1994 PACER
91

RECORD OF ORDER by Judge John Jelderks SETTING Plaintiff's MOTION TO EXTEND DISCOVERY TO 3/28/94 [88-1] Telephone argument set for 11:00 4/13/94 (counsel notified) (former employee) (Entered: 04/11/1994)

April 11, 1994 PACER
92

RECORD OF PROCEEDINGS before Judge John Jelderks GRANTING Plaintiff's MOTION TO EXTEND DISCOVERY TO 3/28/94 [88-1] (cc: Counsel notified) Court Rptr Ilene TenBrook tape 742 (former employee) (Entered: 04/14/1994)

April 13, 1994 PACER
93

MOTION by Defendants FOR JUDGMENT (former employee) (Entered: 06/16/1994)

June 15, 1994 PACER
94

RECORD OF ORDER by Judge John Jelderks SETTING Defendants' MOTION FOR JUDGMENT [93-1] on not for oral argument calendar of (counsel notified) (former employee) (Entered: 06/20/1994)

June 20, 1994 PACER
95

RESPONSE by Plaintiff James R Cervantes to [93-1] Defendants MOTION FOR JUDGMENT (former employee) (Entered: 06/28/1994)

June 27, 1994 PACER
96

MOTION by Plaintiff James R Cervantes TO STRIKE AFFIDAVIT OF GEORGE BALDWIN (former employee) (Entered: 06/28/1994)

June 27, 1994 PACER
97

RECORD OF ORDER by Judge John Jelderks SETTING Plaintiff's MOTION TO STRIKE AFFIDAVIT OF GEORGE BALDWIN [96-1] on not for oral argument calendar of 7/18/94 (counsel notified) Court Rptr none (former employee) (Entered: 06/29/1994)

June 28, 1994 PACER
98

OPINION re MOTION FOR SUMMARY JUDGMENT (QUALIFIED IMMUNITY) [57-1], MOTION FOR PARTIAL SUMMARY JUDGEMENT [50-1] Signed 8/22/94 by Judge John Jelderks (counsel notified) (kb) (Entered: 08/23/1994)

Aug. 22, 1994 PACER

Text not available.

Aug. 22, 1994 PACER
99

ORDER by Judge John Jelderks DENYING RENEWED MOTION FOR SUMMARY JUDGMENT BY DEFENDANT [93-1] AND GRANTING PLAINTIFF'S RENEWED MOTION FOR PARTIAL SUMMARY JUDGMENT Signed 8/22/94 (counsel notified) (kb) (Entered: 08/23/1994)

Aug. 22, 1994 PACER

State / Territory: Oregon

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Jan. 21, 1992

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

An Oregon state prisoner

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Eastern Oregon Correctional Institution (Pendleton, Umatilla), State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

General:

Classification / placement

Conditions of confinement

Racial segregation

Discrimination-basis:

National origin discrimination

Type of Facility:

Government-run

National Origin/Ethnicity:

Hispanic