Case: Decoteau v. Raemisch

1:13-cv-03399 | U.S. District Court for the District of Colorado

Filed Date: Dec. 17, 2013

Closed Date: 2016

Clearinghouse coding complete

Case Summary

On December 17, 2013, prisoners currently or previously incarcerated in solitary confinement at Colorado State Penitentiary ("CSP") filed a lawsuit in the United States District Court for the District of Colorado under 42 U.S.C. § 1983 against the State of Colorado. The plaintiffs, represented by the Civil Rights Education and Enforcement Center and student attorneys from the Civil Rights Clinic at the University of Denver College of Law, asked the Court to declare that CSP conditions violated …

On December 17, 2013, prisoners currently or previously incarcerated in solitary confinement at Colorado State Penitentiary ("CSP") filed a lawsuit in the United States District Court for the District of Colorado under 42 U.S.C. § 1983 against the State of Colorado. The plaintiffs, represented by the Civil Rights Education and Enforcement Center and student attorneys from the Civil Rights Clinic at the University of Denver College of Law, asked the Court to declare that CSP conditions violated the Eighth and Fourteenth Amendments. Specifically, the plaintiffs requested that the Court issue an injunction ordering the state to provide solitary confinement prisoners with regular access to outdoor exercise.

At the time the case was bought, prisoners in administrative segregation at CSP spent a minimum of 23 hours per day alone in a cell. The prisoners in administrative segregation had access to a recreation room for a maximum of one hour per day, five days per week. The exercise area was essentially another cell and was not outdoors. The small room contained only a pull-up bar and there was no opportunity for inmates to run. Plaintiffs alleged that they had suffered mental and physical harm as a result of being denied access to outdoor exercise.

On July 10, 2014, Judge William Martinez granted the plaintiffs' motion for class certification, certifying a class of "[a]ll inmates who are now or will in the future be housed in administrative segregation at the Colorado State Penitentiary and who are now or will in the future be subjected to the policy and practice of refusing to provide such inmates access to outdoor exercise." In the same order, the Court denied the plaintiffs' motion to consolidate this class action with a prior-filed pro se damage action. 2014 WL 3373670, 304 F.R.D. 683 (D. Colo. 2014).

The Court granted the plaintiffs' motion to redefine their class by excluding the limitation of administrative segregation housing in April 2015.

On October 2, 2015, the parties filed a stipulated notice of settlement agreement. After a fairness hearing, on July 6, 2016, the court approved the settlement agreement and granted the plaintiffs' motion for attorneys' fees. The settlement agreement provided that inmates would be transferred from CSP to Sterling Correctional Facility, where there were outdoor cages available for exercise that had at least 180 square feet of space. These inmates would be permitted to use this space for one hour per day, three days per week. Further, pending the completion of new outdoor yards at CSP, inmates would be able to exercise in these yards for one hour per day, three days per week. The parties also laid out a dispute resolution process, whereby they agreed to attempt informal resolutions first before seeking out judicial resolution. The agreement also included a provision requiring that notice be provided to class members of the settlement. Further, the agreement provided a process for concluding the case: This case was to be administratively closed once the settlement was approved, and upon completion and inspection of the agreement's requirements, the parties were to file a stipulation to dismiss the case. The plaintiffs were awarded $410,000 in attorneys' fees.

The settlement agreement provided for an October 2016 checkpoint if it appeared construction would not be completed by December 2016. The defendants were to file a status report with the court. However, the docket shows no activity after the settlement agreement.

The case is now administratively closed, though the court retained jurisdiction to resolve disputes arising under the agreement. According to news articles, Colorado ended long-term solitary confinement in October 2017.

Summary Authors

Nate West (9/24/2014)

Virginia Weeks (9/13/2017)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5461657/parties/decoteau-v-raemisch/


Judge(s)

Martinez, William J. (Colorado)

Tafoya, Kathleen M. (Colorado)

Attorneys(s) for Plaintiff

Fontana, Lauren (Colorado)

Robertson, Amy Farr (Colorado)

Webb, Lindsey (Colorado)

Attorneys(s) for Defendant

Alber, Christopher Wayne (Colorado)

Gellar, Nicole S. (Colorado)

Judge(s)

Martinez, William J. (Colorado)

Tafoya, Kathleen M. (Colorado)

Attorneys(s) for Plaintiff

Fontana, Lauren (Colorado)

Robertson, Amy Farr (Colorado)

Webb, Lindsey (Colorado)

Attorneys(s) for Defendant

Alber, Christopher Wayne (Colorado)

Gellar, Nicole S. (Colorado)

Documents in the Clearinghouse

Document

1:13-cv-03399

Docket [PACER]

July 11, 2016

July 11, 2016

Docket
1

1:13-cv-03399

Class Action Complaint

Dec. 17, 2013

Dec. 17, 2013

Complaint
37

1:13-cv-03399

Order granting Plaintiffs' Motion for Class Certification and Denying Plaintiffs' Motion to Consolidate Cases

304 F.R.D. 683, 2014 WL 3373670

July 10, 2014

July 10, 2014

Order/Opinion
93

1:13-cv-03399

Order Granting Plaintiffs' Motion to Redefine the Class and Denying Defendants' Cross-Motion to Redefine the Class

2015 WL 1727071

April 13, 2015

April 13, 2015

Order/Opinion
115-1

1:13-cv-03399

Class Action Settlement Agreement

Nov. 4, 2015

Nov. 4, 2015

Settlement Agreement
184

1:13-cv-03399

Order Approving Settlement Agreement and Granting Plaintiffs' Unopposed Motion for Attorneys' Fees and Costs

Decateau v. Raemisch

July 6, 2016

July 6, 2016

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5461657/decoteau-v-raemisch/

Last updated Aug. 2, 2022, 3:17 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT againstRick Raemisch, Travis Trani (Filing fee $ 400,Receipt Number 1082−3664106)Attorney Amy Farr Robertson added to party Ryan Decoteau(pty:pla), Attorney Amy Farr Robertson added to party Dominic Duran(pty:pla), Attorney Amy Farr Robertson added to party Anthony Gomez(pty:pla), filed by Ryan Decoteau, Dominic Duran, Anthony Gomez. (Attachments: # 1 Summons, # 2 Civil Cover Sheet)(Robertson, Amy) (Entered: 12/17/2013)

Dec. 17, 2013

Dec. 17, 2013

6

ORDER Drawing Case. This case shall be drawn to a district judge and to a magistrate judge, by Magistrate Judge Boyd N. Boland on 12/20/13. (nmmsl, )

Dec. 20, 2013

Dec. 20, 2013

RECAP
11

ORDER Setting Scheduling Conference for 3/24/2014 at 10:15 AM in Courtroom C201 before Magistrate Judge Kathleen M. Tafoya, by Magistrate Judge Kathleen M. Tafoya on 12/23/13. (sgrim)

Dec. 23, 2013

Dec. 23, 2013

RECAP
2

Case assigned to Chief Judge Marcia S. Krieger and drawn to Magistrate Judge Boyd N. Boland. Text Only Entry (dbera, ) (Entered: 12/17/2013)

Dec. 17, 2013

Dec. 17, 2013

25

ORDER granting 23 Plaintiffs Unopposed Motion for Leave toAppear. by Judge William J. Martinez on 3/11/2014. (Attachments: # 1 Attachment part 1, # 2 Attachment part 2)(evana, )

1 Attachment part 1

View on PACER

2 Attachment part 2

View on PACER

March 11, 2014

March 11, 2014

RECAP
3

SUMMONS issued by Clerk. Magistrate Judge Consent Form attached. (Attachments: # 1 Magistrate Judge Consent Form) (dbera, ) (Entered: 12/17/2013)

Dec. 17, 2013

Dec. 17, 2013

4

REASSIGNING JUDGE. This action is reassigned to Magistrate Judge Boyd N. Boland. Text Only Entry (dbera, ) (Entered: 12/17/2013)

Dec. 17, 2013

Dec. 17, 2013

37

ORDER granting 12 Plaintiffs' Motion to Certify Class; denying 22 Motion to Consolidate Cases. The Court CERTIFIES the following class in this case: All inmates who are now or will in the future be housed in administrative segregation at the Colorado State Penitentiary and who are now or will in the future be subjected to the policy and practice of refusing to provide such inmates access to outdoor exercise, by Judge William J. Martinez on 7/10/2014.(evana, )

July 10, 2014

July 10, 2014

RECAP
40

ORDER granting 38 Plaintiffs Unopposed Motion for Leave to Appear by Judge William J. Martinez on 9/8/2014. Student attorney Jenny Vultaggio are permitted to appear before this Court representing Plaintiffs Ryan Decoteau, Anthony Gomez, and Dominic Duran pursuant to D.C.COLO.LAttyR 14(a)(1). (Attachments: # 1 Attachment)(evana, )

1 Attachment

View on PACER

Sept. 8, 2014

Sept. 8, 2014

RECAP
5

NOTICE OF CASE ASSOCIATION by Plaintiffs Ryan Decoteau, Dominic Duran, Anthony Gomez (Robertson, Amy) (Entered: 12/17/2013)

Dec. 17, 2013

Dec. 17, 2013

93

ORDER granting 41 Plaintiffs' Motion Modify Class Definition. The class is redefined as follows: "All inmates who are now or will in the future be housed at the Colorado State Penitentiary and who are now or will in the future be subjected to the policy and practice of refusing to provide such inmates access to outdoor exercise." Defendants' 51 Cross-Motion to Redefine the Class is DENIED. By Judge William J. Martinez on 4/13/2015. (alowe)

April 13, 2015

April 13, 2015

RECAP
98

ORDER Denying 50 Plaintiffs Motion for Partial Summary Judgment; Denying Defendants' 56 Motion for Summary Judgment; and This matter REMAINS SET for a 4-day bench trial beginning November 9, 2015, at 8:30 a.m., with a Final Trial Preparation Conference set for October 23, 2015, at 2:30 p.m. in Courtroom A801, by Judge William J. Martinez on 5/27/2015.(evana, )

May 27, 2015

May 27, 2015

RECAP
7

CASE REASSIGNED pursuant to 6 Draw Order. This case is reassigned to Judge William J. Martinez. All future pleadings should be designated as 13−cv−03399−WJM−KMT. Text Only Entry (nmmsl, ) (Entered: 12/20/2013)

Dec. 20, 2013

Dec. 20, 2013

8

NOTICE of Entry of Appearance by Lauren Louise Fontana on behalf of All Plaintiffs Attorney Lauren Louise Fontana added to party Ryan Decoteau(pty:pla), Attorney Lauren Louise Fontana added to party Dominic Duran(pty:pla), Attorney Lauren Louise Fontana added to party Anthony Gomez(pty:pla) (Fontana, Lauren) (Entered: 12/20/2013)

Dec. 20, 2013

Dec. 20, 2013

117

ORDER re: 115 Requiring Parties to Supplement Motion for Preliminary Approval. The Court continues to RESERVE RULING on Plaintiffs' 115 Unopposed Motion for Preliminary Approval of Class Action Settlement and for Fairness Hearing. On or bef ore December 2, 2015, the parties shall file an addendum to the proposed settlement agreement [115-1] specifying the process bywhich: (a) notice will be delivered to current class members, and (b) the parties will ensure that notice is delivered to inmates who enter RHM, MCU, or CCTU sometime after the original notices are delivered, by Judge William J. Martinez on 11/16/2015. (cthom, )

Nov. 16, 2015

Nov. 16, 2015

RECAP
121

ORDER Requiring Class Member Chris Green to Supplement his Motion for Transportation, by Judge William J. Martinez on 01/04/2016. (cthom, )

Jan. 4, 2016

Jan. 4, 2016

RECAP
10

ORDER REFERRING CASE to Magistrate Judge Kathleen M. Tafoya. Magistrate Judge Tafoya is designated to conduct NDISPO proceedings pursuant to 28 U.S.C. § 636(b)(1)(A) and (B) and Fed.R.Civ.P. 72(a) and (b). ALSO ORDERED that unless service has otherwise been completed or arranged, Plaintiffs' counsel is directed to effect service of the summons and complaint pursuant to Rule 4 of the Federal Rules of Civil Procedure no later than 30 days from the date of this Referral Order, in order for the initial scheduling conference to be held promptly. Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the Magistrate Judge or on the request of the parties by motion, the court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. SO ORDERED by Judge William J. Martinez on 12/20/2013. Text Only Entry (wjmsec, ) (Entered: 12/20/2013)

Dec. 20, 2013

Dec. 20, 2013

126

ORDER Requiring Class Member James Worosello to Supplement re: 125 MOTION to Attend Hearing and Speak to filed by James K. Worosello, by Judge William J. Martinez on 01/12/2016. (cthom, )

Jan. 12, 2016

Jan. 12, 2016

RECAP
12

MOTION to Certify Class by Plaintiffs Ryan Decoteau, Dominic Duran, Anthony Gomez. (Attachments: # 1 Declaration of Amy F. Robertson, # 2 Declaration of Lindsey Webb, # 3 Declaration of Lauren Fontana, # 4 Declaration of Ryan Decoteau, # 5 Declaration of Anthony Gomez, # 6 Declaration of Dominic Duran)(Robertson, Amy) (Entered: 12/23/2013)

Dec. 23, 2013

Dec. 23, 2013

134

ORDER requiring class member Eric Lee Roberts to Supplement re: 133 MOTION for Transportation to filed by Eric Lee Roberts. Ordered by Judge William J. Martinez on 02/03/2016. (cthom, )

Feb. 3, 2016

Feb. 3, 2016

RECAP
139

ORDER Requiring Class Member Emmanuel C. Theus-Roberts to Supplement his Motion for Transportation by Judge William J. Martinez on 02/19/2016. (cthom, )

Feb. 19, 2016

Feb. 19, 2016

RECAP
13

WAIVER OF SERVICE Returned Executed by Ryan Decoteau, Dominic Duran, Anthony Gomez. Rick Raemisch waiver sent on 12/23/2013, answer due 2/21/2014; Travis Trani waiver sent on 12/23/2013, answer due 2/21/2014. (ervsl, ) (Entered: 12/24/2013)

Dec. 24, 2013

Dec. 24, 2013

14

MOTION for Extension of Time to File Response/Reply as to 12 MOTION to Certify Class Attorney Nicole S. Gellar added to party Rick Raemisch(pty:dft), Attorney Nicole S. Gellar added to party Travis Trani(pty:dft) by Defendants Rick Raemisch, Travis Trani. (Attachments: # 1 Proposed Order (PDF Only))(Gellar, Nicole) (Entered: 01/09/2014)

Jan. 9, 2014

Jan. 9, 2014

144

ORDER Requiring Class Member to Supplement his Motion re: 143 MOTION to Appear in Court filed by Herbert Shane Daily. ORDERED by Judge William J. Martinez on 04/07/2016. (cthom, )

April 7, 2016

April 7, 2016

RECAP
15

ORDER granting 14 Defendants' Unopposed Motion for Extension of Time to File Response to Motion to Certify Class 12 . The Defendants' Motion is GRANTED for good cause shown. Defendants' deadline to file their Response to Plaintiffs' Motion to Certify Class is extended up to and including February 21, 2014. SO ORDERED by Judge William J. Martinez on 01/10/2014. Text Only Entry(wjmsec, ) (Entered: 01/10/2014)

Jan. 10, 2014

Jan. 10, 2014

16

Unopposed MOTION for Extension of Time to Respond by Defendants Rick Raemisch, Travis Trani. (Alber, Christopher) (Entered: 02/19/2014)

Feb. 19, 2014

Feb. 19, 2014

17

ORDER granting 16 Defendants' Unopposed Motion for Extension of Time to File Response to Motion to Certify Class 12 . The Defendants' Motion is GRANTED for good cause shown. Defendants' deadline to file their Response to the Motion to Certify Class is extended up to and including March 3, 2014. SO ORDERED by Judge William J. Martinez on 02/20/2014. Text Only Entry(wjmsec, ) (Entered: 02/20/2014)

Feb. 20, 2014

Feb. 20, 2014

18

ANSWER to 1 Complaint, by Rick Raemisch, Travis Trani.(Alber, Christopher) (Entered: 02/21/2014)

Feb. 21, 2014

Feb. 21, 2014

19

RESPONSE to 12 MOTION to Certify Class filed by Defendants Rick Raemisch, Travis Trani. (Attachments: # 1 Exhibit A−1, # 2 Exhibit A−2, # 3 Exhibit A−3)(Gellar, Nicole) (Entered: 03/03/2014)

March 3, 2014

March 3, 2014

20

Unopposed MOTION for Leave to File Excess Pages for Response to Motion for Class Certification by Defendants Rick Raemisch, Travis Trani. (Gellar, Nicole) (Entered: 03/03/2014)

March 3, 2014

March 3, 2014

22

MOTION to Consolidate Cases by Plaintiffs Ryan Decoteau, Dominic Duran, Anthony Gomez. (Fontana, Lauren) (Entered: 03/07/2014)

March 7, 2014

March 7, 2014

23

Unopposed MOTION for Leave to Appear by Plaintiffs Ryan Decoteau, Dominic Duran, Anthony Gomez. (Attachments: # 1 Proposed Order (PDF Only), # 2 Proposed Order (PDF Only), # 3 Proposed Order (PDF Only), # 4 Proposed Order (PDF Only), # 5 Proposed Order (PDF Only), # 6 Proposed Order (PDF Only), # 7 Proposed Order (PDF Only), # 8 Proposed Order (PDF Only), # 9 Proposed Order (PDF Only))(Fontana, Lauren) (Entered: 03/07/2014)

March 7, 2014

March 7, 2014

24

MEMORANDUM regarding 23 Unopposed MOTION for Leave to Appear filed by Anthony Gomez, Dominic Duran, Ryan Decoteau. Motion referred to Magistrate Judge Kathleen M. Tafoya by Judge William J. Martinez on 03/10/2014. Text Only Entry (wjmsec, ) (Entered: 03/10/2014)

March 10, 2014

March 10, 2014

26

Proposed Scheduling Order by Plaintiffs Ryan Decoteau, Dominic Duran, Anthony Gomez. (Fontana, Lauren) (Entered: 03/17/2014)

March 17, 2014

March 17, 2014

27

REPLY to Response to 12 MOTION to Certify Class filed by Plaintiffs Ryan Decoteau, Dominic Duran, Anthony Gomez. (Attachments: # 1 Declaration of Amy F. Robertson, # 2 Declaration of Rachel Martin)(Robertson, Amy) (Entered: 03/20/2014)

March 20, 2014

March 20, 2014

28

MINUTE ENTRY for Scheduling Conference held before Magistrate Judge Kathleen M. Tafoya on 3/24/2014. Discovery due by 9/24/2014. Dispositive Motions due by 10/24/2014. Final Pretrial Conference set for 1/20/2015 9:30 AM in Courtroom C201 before Magistrate Judge Kathleen M. Tafoya. FTR: KMT Courtroom C−201. (lgale) (Entered: 03/24/2014)

March 24, 2014

March 24, 2014

29

SCHEDULING ORDER: by Magistrate Judge Kathleen M. Tafoya on 3/24/14. (lgale) (Entered: 03/24/2014)

March 24, 2014

March 24, 2014

30

AMENDED MINUTE ENTRY re 28 Scheduling Conference before Magistrate Judge Kathleen M. Tafoya. Minutes amended to correct spelling of attorney's name. FTR: KMT C−201. (lgale) (Entered: 03/25/2014)

March 24, 2014

March 24, 2014

31

RESPONSE to 22 MOTION to Consolidate Cases filed by Defendants Rick Raemisch, Travis Trani. (Alber, Christopher) (Entered: 03/28/2014)

March 28, 2014

March 28, 2014

32

Unopposed MOTION to Withdraw as Attorney for Former Student Attorneys by Plaintiffs Ryan Decoteau, Dominic Duran, Anthony Gomez. (Fontana, Lauren) (Entered: 05/19/2014)

May 19, 2014

May 19, 2014

33

MEMORANDUM regarding 32 Unopposed MOTION to Withdraw as Attorney for Former Student Attorneys filed by Anthony Gomez, Dominic Duran, Ryan Decoteau. Motion referred to Magistrate Judge Kathleen M. Tafoya by Judge William J. Martinez on 05/19/2014. Text Only Entry (wjmsec, ) (Entered: 05/19/2014)

May 19, 2014

May 19, 2014

34

Joint STATUS REPORT by Plaintiffs Ryan Decoteau, Dominic Duran, Anthony Gomez. (Webb, Lindsey) (Entered: 06/02/2014)

June 2, 2014

June 2, 2014

35

MINUTE ORDER granting 32 Motion to Withdraw Appearances of Former Student Attorneys. Student attorneys Ryan Burchell, Rachel Martin, and Amelia Messegee are relieved of any further representation, by Magistrate Judge Kathleen M. Tafoya on 6/3/14. Text Only Entry. (sgrim) (Entered: 06/03/2014)

June 3, 2014

June 3, 2014

38

Unopposed MOTION for Leave to Appear by Plaintiffs Ryan Decoteau, Dominic Duran, Anthony Gomez. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Fontana, Lauren) (Entered: 09/05/2014)

Sept. 5, 2014

Sept. 5, 2014

39

MEMORANDUM regarding 38 Unopposed MOTION for Leave to Appear filed by Anthony Gomez, Dominic Duran, Ryan Decoteau. Motion referred to Magistrate Judge Kathleen M. Tafoya by Judge William J. Martinez on 09/05/2014. Text Only Entry (wjmsec, ) (Entered: 09/05/2014)

Sept. 5, 2014

Sept. 5, 2014

41

MOTION to Modify Class Definition by Plaintiffs Ryan Decoteau, Dominic Duran, Anthony Gomez. (Attachments: # 1 Fontana Declaration and Exhibits, # 2 Robertson Declaration and Exhibits 1−9, # 3 Robertson Declaration − Exhibits 10−13, # 4 Robertson Declaration − Exhibit 14 (1 of 8), # 5 Robertson Declaration − Exhibit 14 (2 of 8), # 6 Robertson Declaration − Exhibit 14 (3 of 8), # 7 Robertson Declaration − Exhibit 14 (4 of 8), # 8 Robertson Declaration − Exhibit 14 (5 of 8), # 9 Robertson Declaration − Exhibit 14 (6 of 8), # 10 Robertson Declaration − Exhibit 14 (7 of 8), # 11 Robertson Declaration − Exhibit 14 (8 of 8))(Robertson, Amy) (Entered: 09/29/2014)

Sept. 29, 2014

Sept. 29, 2014

42

MEMORANDUM regarding 41 MOTION to Amend/Correct/Modify Class Definition filed by Anthony Gomez, Dominic Duran, Ryan Decoteau. Motion referred to Magistrate Judge Kathleen M. Tafoya by Judge William J. Martinez on 09/29/2014. Text Only Entry (wjmsec, ) (Entered: 09/29/2014)

Sept. 29, 2014

Sept. 29, 2014

43

Unopposed MOTION for Extension of Time to File Response/Reply as to 41 MOTION to Amend/Correct/Modify Class Definition by Defendants Rick Raemisch, Travis Trani. (Alber, Christopher) (Entered: 10/22/2014)

Oct. 22, 2014

Oct. 22, 2014

44

MEMORANDUM regarding 43 Unopposed MOTION for Extension of Time to File Response/Reply as to 41 MOTION to Amend/Correct/Modify Class Definition filed by Rick Raemisch, Travis Trani. Motions referred to Magistrate Judge Kathleen M. Tafoya by Judge William J. Martinez on 10/23/2014. Text Only Entry (wjmlc1, ) (Entered: 10/23/2014)

Oct. 23, 2014

Oct. 23, 2014

45

MINUTE ORDER granting 43 Motion for Extension of Time to Respond to Plaintiffs' Motion to Modify Class Definition. Defendants may file their response on or before November 21, 2014. By Magistrate Judge Kathleen M. Tafoya on 10/23/14. Text Only Entry(kmtlc1 ) (Entered: 10/23/2014)

Oct. 23, 2014

Oct. 23, 2014

46

MOTION for Extension of Time to File Dispositive Motion and to Modify the Scheduling Order by Defendants Rick Raemisch, Travis Trani. (Alber, Christopher) (Entered: 10/23/2014)

Oct. 23, 2014

Oct. 23, 2014

47

MEMORANDUM regarding 46 MOTION for Extension of Time to File Dispositive Motion and to Modify the Scheduling Order filed by Rick Raemisch, Travis Trani. Motions referred to Magistrate Judge Kathleen M. Tafoya by Judge William J. Martinez on 10/24/2014. Text Only Entry (wjmlc2, ) (Entered: 10/24/2014)

Oct. 24, 2014

Oct. 24, 2014

49

RESPONSE to 46 MOTION for Extension of Time to File Dispositive Motion and to Modify the Scheduling Order filed by Plaintiffs Ryan Decoteau, Dominic Duran, Anthony Gomez. (Attachments: # 1 Declaration of Amy F. Robertson and Exhibits)(Robertson, Amy) (Entered: 10/24/2014)

Oct. 24, 2014

Oct. 24, 2014

50

MOTION for Partial Summary Judgment by Plaintiffs Ryan Decoteau, Dominic Duran, Anthony Gomez. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25)(Fontana, Lauren) (Entered: 10/24/2014)

Oct. 24, 2014

Oct. 24, 2014

51

Cross−MOTION to Redefine the Class by Defendants Rick Raemisch, Travis Trani re: 37 Order. (Attachments: # 1 Exhibit A−1, # 2 Exhibit A−2, # 3 Exhibit A−3, # 4 Exhibit A−4, # 5 Exhibit A−5, # 6 Exhibit A−6)(Gellar, Nicole) (Entered: 10/24/2014)

Oct. 24, 2014

Oct. 24, 2014

52

ORDER granting in part 46 Defendants Motion to Modify the Scheduling Order, the court will extend the dispositive motion deadline to November 4, 2014, by Magistrate Judge Kathleen M. Tafoya on 10/28/2014.(evana, ) (Entered: 10/28/2014)

Oct. 28, 2014

Oct. 28, 2014

53

MOTION for a Brief, Seven−Day Extension of Time to File Dispositive Motions by Defendants Rick Raemisch, Travis Trani. (Alber, Christopher) (Entered: 11/03/2014)

Nov. 3, 2014

Nov. 3, 2014

54

MEMORANDUM regarding 53 MOTION for a Brief, Seven−Day Extension of Time to File Dispositive Motions filed by Rick Raemisch, Travis Trani. Motion referred to Magistrate Judge Kathleen M. Tafoya by Judge William J. Martinez on 11/04/2014. Text Only Entry (wjmsec, ) (Entered: 11/04/2014)

Nov. 4, 2014

Nov. 4, 2014

55

RESPONSE to 53 MOTION for a Brief, Seven−Day Extension of Time to File Dispositive Motions filed by Plaintiffs Ryan Decoteau, Dominic Duran, Anthony Gomez. (Robertson, Amy) (Entered: 11/04/2014)

Nov. 4, 2014

Nov. 4, 2014

56

MOTION for Summary Judgment by Defendants Rick Raemisch, Travis Trani. (Attachments: # 1 Exhibit A−1, # 2 Exhibit A−2, # 3 Exhibit A−3, # 4 Exhibit A−4, # 5 Exhibit A−5, # 6 Exhibit A−6)(Gellar, Nicole) (Entered: 11/04/2014)

Nov. 4, 2014

Nov. 4, 2014

57

MOTION for a One−Week Extension on Their Response to 51 Cross−Motion to Redefine the Class by Plaintiffs Ryan Decoteau, Dominic Duran, Anthony Gomez. (Robertson, Amy) (Entered: 11/05/2014)

Nov. 5, 2014

Nov. 5, 2014

58

ORDER granting 57 Plaintiffs' Motion for a One Week Extension on Their Response to Defendants' Cross Motion to Redefine the Class 51 . Plaintiffs' Motion is GRANTED for good cause shown. Plaintiffs' deadline to file their Response to Defendants Cross Motion to Redefine the Class 51 is extended up to and including November 24, 2014. SO ORDERED by Judge William J. Martinez on 11/05/2014. Text Only Entry(wjmsec, ) (Entered: 11/05/2014)

Nov. 5, 2014

Nov. 5, 2014

59

MINUTE ORDER granting 53 Motion for a Brief, Seven−Day Extension of Time to File Dispositive Motion. Defendants' Motion for Summary Judgment is accepted as filed. By Magistrate Judge Kathleen M. Tafoya on 11/10/14. Text Only Entry(kmtlc1 ) (Entered: 11/10/2014)

Nov. 10, 2014

Nov. 10, 2014

60

RESPONSE to 50 MOTION for Partial Summary Judgment filed by Defendants Rick Raemisch, Travis Trani. (Attachments: # 1 Exhibit A−1, # 2 Exhibit A−2, # 3 Exhibit A−3, # 4 Exhibit A−4, # 5 Exhibit A−5, # 6 Exhibit A−6, # 7 Exhibit A−7, # 8 Exhibit A−8)(Gellar, Nicole) (Entered: 11/17/2014)

Nov. 17, 2014

Nov. 17, 2014

61

RESPONSE to 41 MOTION to Modify Class Definition filed by Defendants Rick Raemisch, Travis Trani. (Attachments: # 1 Exhibit A−1, # 2 Exhibit A−2, # 3 Exhibit A−3, # 4 Exhibit A−4, # 5 Exhibit A−5, # 6 Exhibit A−6)(Gellar, Nicole) (Entered: 11/21/2014)

Nov. 21, 2014

Nov. 21, 2014

62

Unopposed MOTION for Extension of Time to File Response/Reply as to 50 MOTION for Partial Summary Judgment , 56 MOTION for Summary Judgment by Plaintiffs Ryan Decoteau, Dominic Duran, Anthony Gomez. (Fontana, Lauren) (Entered: 11/21/2014)

Nov. 21, 2014

Nov. 21, 2014

63

NOTICE OF NON ADMITTED ATTORNEY. Jenny Vultaggio has entered an appearance as an attorney in this case based on signing a document filed in this case. Pursuant to D.C.COLO.LCivR 11.1(a), an attorney must be a member of the court's bar to make an appearance in a case before the court. The attorney records of the court do not reflect that counsel is a member of the bar. Unless an application for admission to the bar of the court or a motion to withdraw in this case is received within 20 days of the date of this entry, action may be taken by the court. (Text Only Entry)(mfred) (Entered: 11/24/2014)

Nov. 24, 2014

Nov. 24, 2014

64

Unopposed MOTION for Leave to File Excess Pages and to File Combined Response and Reply Brief by Plaintiffs Ryan Decoteau, Dominic Duran, Anthony Gomez. (Robertson, Amy) (Entered: 11/24/2014)

Nov. 24, 2014

Nov. 24, 2014

65

ORDER granting 62 Plaintiffs' Unopposed Motion for Extensions on their Response to Defendants' Motion for Summary Judgment 56 and Reply in Support of Plaintiffs' Motion for Partial Summary Judgment 50 . Plaintiffs' Motion is GRANTED for good cause shown. Plaintiffs' deadline to file their Response to Defendants Motion for Summary Judgment 56 and their Reply in support of their Motion for Partial Summary Judgment 50 is extended up to and including 14 days after the implementation of CDOC Policy AR 650−03. IT IS FURTHER ORDERED that Defendants shall file a Status Report with this Court within 5 days after the official implementation of CDOC AR 650−30 advising the Court of its implementation and appending a copy of said new Policy to said Status Report. SO ORDERED by Judge William J. Martinez on 11/24/2014. Text Only Entry(wjmsec, ) (Entered: 11/24/2014)

Nov. 24, 2014

Nov. 24, 2014

66

ORDER granting 64 Plaintiffs' Unopposed Motion For Leave to File a Combined Response and Reply Brief of 20 Pages. The Plaintiffs' Motion is GRANTED for good cause shown. Plaintiffs are granted leave to file a Combined Response and Reply Brief in connection with the parties cross motions concerning class definition (ECF Nos. 41 and 51 ). Said Combined Brief shall not exceed 20 pages, exclusive of attorney signature blocks and certificate of service. SO ORDERED by Judge William J. Martinez on 11/24/2014. Text Only Entry(wjmsec, ) (Entered: 11/24/2014)

Nov. 24, 2014

Nov. 24, 2014

67

BRIEF in Opposition to 51 Cross−MOTION to Redefine the Class and Reply in Support of Motion to Modify Class Definition filed by Plaintiffs Ryan Decoteau, Dominic Duran, Anthony Gomez. (Attachments: # 1 Declaration of Amy F. Robertson)(Robertson, Amy) (Entered: 11/24/2014)

Nov. 24, 2014

Nov. 24, 2014

68

Conventionally Submitted Material by Plaintiffs Ryan Decoteau, Dominic Duran, Anthony Gomez: 1 CD − Labeled: Exhibit 1 ( Request 9_Video (Bates 09091), Restritive Housing Draft 04.wav) to 67 Brief in Opposition to Motion. Text Only Entry (alowe) (Entered: 11/25/2014)

Nov. 24, 2014

Nov. 24, 2014

69

REPLY to Response to 51 Cross−MOTION to Redefine the Class filed by Defendants Rick Raemisch, Travis Trani. (Alber, Christopher) (Entered: 12/11/2014)

Dec. 11, 2014

Dec. 11, 2014

70

Proposed Pretrial Order by Plaintiffs Ryan Decoteau, Dominic Duran, Anthony Gomez, Defendants Rick Raemisch, Travis Trani. (Fontana, Lauren) Modified filers on 1/14/2015 (alowe). (Entered: 01/13/2015)

Jan. 13, 2015

Jan. 13, 2015

71

Proposed Pretrial Order by Plaintiffs Ryan Decoteau, Dominic Duran, Anthony Gomez,Defendants Rick Raemisch, Travis Trani. (Fontana, Lauren) Modified filers on 1/15/2015 (alowe). (Entered: 01/15/2015)

Jan. 15, 2015

Jan. 15, 2015

72

COURTROOM MINUTES for Telephonic Final Pretrial Conference held on 1/20/2015 before Magistrate Judge Kathleen M. Tafoya. ORDERED: Telephonic Final Pretrial Conference is continued to March 3, 2015 at 9:15 a.m. The parties shall initiate a conference call and contact chambers at 303−335−2780 at the time of the Final Pretrial Conference. A revised Final Pretrial Order shall be prepared by the parties and submitted to the court no later than February 24, 2015. FTR: KMT C201. (sgrim) (Entered: 01/20/2015)

Jan. 20, 2015

Jan. 20, 2015

73

STATUS REPORT Regarding Revisions to Administrative Regulation 650−03 by Defendants Rick Raemisch, Travis Trani. (Attachments: # 1 Exhibit A)(Gellar, Nicole) (Entered: 01/20/2015)

Jan. 20, 2015

Jan. 20, 2015

74

Unopposed MOTION for Extension of Time to File Response/Reply as to 50 MOTION for Partial Summary Judgment , 56 MOTION for Summary Judgment by Plaintiffs Ryan Decoteau, Dominic Duran, Anthony Gomez. (Fontana, Lauren) (Entered: 01/23/2015)

Jan. 23, 2015

Jan. 23, 2015

75

ORDER granting 74 Plaintiffs' Unopposed Motion for Extension of Time to File Their Response to Defendants' Motion for Summary Judgment and Reply in support of Plaintiffs' Motion for Partial Summary Judgment. Plaintiffs' deadline to file responsive briefs is EXTENDED to February 26, 2015. SO ORDERED by Judge William J. Martinez on 1/26/2015. Text Only Entry(wjmlc1, ) (Entered: 01/26/2015)

Jan. 26, 2015

Jan. 26, 2015

76

Unopposed MOTION for Leave to Appear by Plaintiffs Ryan Decoteau, Dominic Duran, Anthony Gomez. (Attachments: # 1 Proposed Order (PDF Only), # 2 Proposed Order (PDF Only), # 3 Proposed Order (PDF Only))(Fontana, Lauren) (Entered: 02/06/2015)

Feb. 6, 2015

Feb. 6, 2015

77

ORDER granting 76 Plaintiffs' Unopposed Motion for Leave to Appear. Student attorney Kevin Benninger is permitted to appear before this Court representing Plaintiffs Ryan Decoteau, Anthony Gomez and Dominin Duran pursuant to D.C.COLO.LAttyR 14(a)(1). By Judge William J. Martinez on 2/9/2015.(alowe) (Entered: 02/09/2015)

Feb. 9, 2015

Feb. 9, 2015

78

Unopposed MOTION for Extension of Time to File Response/Reply as to 50 MOTION for Partial Summary Judgment , 56 MOTION for Summary Judgment by Plaintiffs Ryan Decoteau, Dominic Duran, Anthony Gomez. (Robertson, Amy) (Entered: 02/24/2015)

Feb. 24, 2015

Feb. 24, 2015

79

Proposed Final Pretrial Order by Plaintiffs Ryan Decoteau, Dominic Duran, Anthony Gomez, Defendants Rick Raemisch, Travis Trani. (Fontana, Lauren) Modified filers on 2/25/2015 (alowe). (Entered: 02/24/2015)

Feb. 24, 2015

Feb. 24, 2015

80

ORDER granting 78 Plaintiffs' Unopposed Motion for a One Day Extension of Time to File Their Response to Defendants' Motion for Summary Judgment 56 and their Reply in Support of Their Motion for Partial Summary Judgment 50 . Plaintiffs' Motion is GRANTED for good cause shown. Plaintiffs' deadline to file their Response to Defendants' Motion for Summary Judgment 56 and their Reply in support of their Partial Motion for Summary Judgment 50 is extended up to and including February 27, 2015. SO ORDERED by Judge William J. Martinez on 02/25/2015. Text Only Entry(wjmsec, ) (Entered: 02/25/2015)

Feb. 25, 2015

Feb. 25, 2015

81

BRIEF in Support of 50 MOTION for Partial Summary Judgment filed by Plaintiffs Ryan Decoteau, Dominic Duran, Anthony Gomez. (Robertson, Amy) (Entered: 02/27/2015)

Feb. 27, 2015

Feb. 27, 2015

82

DECLARATION of Amy F. Robertson regarding Brief in Support of Motion 81 by Plaintiffs Ryan Decoteau, Dominic Duran, Anthony Gomez. (Attachments: # 1 Exhibit 1 Pt. 1, # 2 Exhibit 1 Pt.2, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 24, # 26 Exhibit 24, # 27 Exhibit 24, # 28 Exhibit 24, # 29 Exhibit 24, # 30 Exhibit 24, # 31 Exhibit 24, # 32 Exhibit 24, # 33 Exhibit 24, # 34 Exhibit 24, # 35 Exhibit 24, # 36 Exhibit 24, # 37 Exhibit 24, # 38 Exhibit 24, # 39 Exhibit 24, # 40 Exhibit 24, # 41 Exhibit 24, # 42 Exhibit 24, # 43 Exhibit 24, # 44 Exhibit 24, # 45 Exhibit 24)(Robertson, Amy) (Entered: 02/27/2015)

Feb. 27, 2015

Feb. 27, 2015

84

COURTROOM MINUTES for Telephonic Final Pretrial Conference held on 3/3/2015 before Magistrate Judge Kathleen M. Tafoya. FTR: KMT C201. (sgrim) (Entered: 03/03/2015)

March 3, 2015

March 3, 2015

85

FINAL PRETRIAL ORDER by Magistrate Judge Kathleen M. Tafoya on 3/3/15. (sgrim) (Entered: 03/03/2015)

March 3, 2015

March 3, 2015

86

ORDER: A 4−Day Bench Trial is hereby set to begin on November 9, 2015 at 8:30 a.m. in Courtroom A801. The trial week will be Monday, Tuesday, Thursday, and Friday, with Wednesday, November 11, 2015, off for Veteran's Day. The Final Trial Preparation Conference is set for October 23, 2015 at 2:30 p.m. in Courtroom A801. The parties shall familiarize themselves with the undersigned's Revised Practice Standards, in general and as they relate to the Court's expectations and requirements with regard to Trials to the Court, and with particular emphasis on WJM Revised Practice Standard IV.B.4. f. 1 &2., which requires the parties to file Preliminary Proposed Findings of Fact and Conclusions of Law, along with a Proposed Order for Judgment and/or relief. All such materials are to be filed no later than 7 days prior to the date of the Final Trial Preparation Conference. SO ORDERED by Judge William J. Martinez on 03/09/2015. Text Only Entry (wjmsec, ) (Entered: 03/09/2015)

March 9, 2015

March 9, 2015

87

Unopposed MOTION for Extension of Time to File Response/Reply as to 56 MOTION for Summary Judgment by Defendants Rick Raemisch, Travis Trani. (Alber, Christopher) (Entered: 03/13/2015)

March 13, 2015

March 13, 2015

88

ORDER granting 87 Defendants' Unopposed Motion for Extension of Time to File Reply in Support of their Motion for Summary Judgment 56 . Defendants' Motion is GRANTED for good cause shown. Defendants' deadline to file their Reply in Support of their Motion for Summary Judgment 56 is extended up to and including April 6, 2015. SO ORDERED by Judge William J. Martinez on 03/16/2015. Text Only Entry(wjmsec, ) (Entered: 03/16/2015)

March 16, 2015

March 16, 2015

89

Unopposed Second MOTION for Extension of Time to File Response/Reply as to 56 MOTION for Summary Judgment by Defendants Rick Raemisch, Travis Trani. (Gellar, Nicole) (Entered: 04/03/2015)

April 3, 2015

April 3, 2015

90

ORDER denying 89 Defendants' Unopposed Second Motion for Extension of Time of Seven Days to File Reply. The Defendants' Motion is DENIED without prejudice to refiling given Defendants' counsels' failure to serve a copy of the Unopposed Second Motion for Extension of Time on their clients, as required by D.C.COLO.LCivR 6.1(c). SO ORDERED by Judge William J. Martinez on 04/07/2015. Text Only Entry(wjmsec, ) (Entered: 04/07/2015)

April 7, 2015

April 7, 2015

91

Renewed MOTION for Extension of Time to File Response/Reply as to 56 MOTION for Summary Judgment by Defendants Rick Raemisch, Travis Trani. (Gellar, Nicole) (Entered: 04/07/2015)

April 7, 2015

April 7, 2015

92

ORDER granting 91 Defendants' Renewed Unopposed Second Motion for Extension of Time to File Reply in Support of their Motion for Summary Judgment 56 . Defendants' Motion is GRANTED for good cause shown. Defendants' deadline to file their Reply in Support of their Motion for Summary Judgment 56 is extended up to and including April 13, 2015. SO ORDERED by Judge William J. Martinez on 04/07/2015. Text Only Entry(wjmsec, ) (Entered: 04/07/2015)

April 7, 2015

April 7, 2015

95

REPLY to Response to 56 MOTION for Summary Judgment filed by Defendants Rick Raemisch, Travis Trani. (Attachments: # 1 Exhibit A−7, # 2 Exhibit A−8, # 3 Exhibit A−11, # 4 Exhibit A−12, # 5 Exhibit A−13, # 6 Exhibit A−14, # 7 Exhibit A−15, # 8 Exhibit A−16)(Gellar, Nicole) (Entered: 04/13/2015)

April 13, 2015

April 13, 2015

96

ORDER granting 94 Defendants' Unopposed Motion For Leave to Exceed Page Limitations. The Defendants' Motion is GRANTED for good cause shown. Defendants' Reply 95 in support of their Motion for Summary Judgment 56 is accepted as filed SO ORDERED by Judge William J. Martinez on 04/14/2015. Text Only Entry(wjmsec, ) (Entered: 04/14/2015)

April 14, 2015

April 14, 2015

97

Conventionally Submitted Material: CD of Exhibits A−9, A−10−A &A−10−B to 83 Response to Motion for Summary Judgment by Defendants Rick Raemisch, Travis Trani. Text Only Entry (alowe) (Entered: 04/15/2015)

April 14, 2015

April 14, 2015

99

NOTICE of Change of Address/Contact Information by Lauren Louise Fontana (Fontana, Lauren) (Entered: 08/18/2015)

Aug. 18, 2015

Aug. 18, 2015

100

NOTICE of Filing by Plaintiffs Ryan Decoteau, Dominic Duran, Anthony Gomez (Attachments: # 1 Notice of Previous Ruling That Plaintiffs Have Stated an Eighth Amendment Claim)(Robertson, Amy) (Entered: 08/21/2015)

Aug. 21, 2015

Aug. 21, 2015

Case Details

State / Territory: Colorado

Case Type(s):

Prison Conditions

Special Collection(s):

Solitary confinement

Post-WalMart decisions on class certification

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 17, 2013

Closing Date: 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are prisoners incarcerated at the Colorado State Penitentiary who spend a minimum of 23 hours a day alone and have been denied access to outdoor exercise.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Civil Rights Education and Enforcement Center

University of Denver Civil Rights Clinic

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Colorado Department of Corrections, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Private Settlement Agreement

Amount Defendant Pays: 410000

Order Duration: 2016 - None

Issues

General:

Administrative segregation

Conditions of confinement

Recreation / Exercise

Solitary confinement/Supermax (conditions or process)

Type of Facility:

Government-run