Case: Slevin v. Board of County Commissioners of Dona Ana County

1:08-cv-01185 | U.S. District Court for the District of New Mexico

Filed Date: Dec. 28, 2008

Closed Date: 2013

Clearinghouse coding complete

Case Summary

On December 28, 2008, a prisoner at the Doña Ana County Detention Center ("the jail") filed a complaint against the jail in the U.S. District Court for the District of New Mexico under 42 U.S.C. § 1983, the Americans with Disabilities Act, and the New Mexico Tort Claims Act. The plaintiff was mentally ill at the time of his arrest; he alleged that after he was booked into the jail, kept in administrative segregation for nearly two years, and was subject to inhumane conditions of confinement and…

On December 28, 2008, a prisoner at the Doña Ana County Detention Center ("the jail") filed a complaint against the jail in the U.S. District Court for the District of New Mexico under 42 U.S.C. § 1983, the Americans with Disabilities Act, and the New Mexico Tort Claims Act. The plaintiff was mentally ill at the time of his arrest; he alleged that after he was booked into the jail, kept in administrative segregation for nearly two years, and was subject to inhumane conditions of confinement and denied adequate medical care. As a result, he endured physical and mental deterioration. When the plaintiff was transferred out of jail for a psychiatric review after 18 months of solitary confinement, he was underweight, disheveled, and unaware he had spent the last 18 months in solitary confinement.

After only two weeks of mental health treatment, the plaintiff was returned to the jail and again placed in solitary confinement. The plaintiff requested medical and dental treatment and was denied both. The plaintiff was then forced to pull his own tooth. Ultimately the charges against the plaintiff for driving while intoxicated and receiving or transferring a stolen vehicle were dismissed and he was released from jail 22 months after he was arrested and booked.

The plaintiff filed a complaint and the case proceeded through years of discovery motions, and eventually to trial. Represented by private counsel, the plaintiff sought compensatory and punitive damages and attorneys' fees and costs.

After a multi-day trial in January 2012, the jury found the jail and two individual employees liable for depriving the plaintiff of his constitutional rights to humane conditions of confinement, adequate medical care, and procedural due process. As a result of these constitutional deprivations, the jury found that the plaintiff was entitled to compensatory damages from the jail and punitive damages from the individual employees. Included among the specific findings of the jury was that the plaintiff's rights under the Americans with Disabilities Act were violated and that the jail was liable for false imprisonment and negligent operation or maintenance of a building. The jury awarded $15.5 million in compensatory damages and $6.5 million in punitive damages, for a total award to the plaintiff of $22 million.

The County filed several motions during and after trial, all of which were denied. The defendants argued the district court judge was biased and should have recused herself, and also that there was an improper and undisclosed attorney-client relationship between the plaintiff's lawyer and a testifying witness. The court ruled that the defendants failed to substantiate any of these claims, failed to meet their burden of proof, and asked for relief to which they were not entitled. The District Court declined to set aside the judgment and award in favor of the plaintiff on January 8, 2013. The defendants appealed to the Court of Appeals for the Tenth Circuit, but in March 2013, stipulated to dismiss the appeal after reaching a settlement agreement whereby the plaintiff agreed to accept a $15.5 million settlement and all parties agreed to end litigation without further appeals. The case is now closed.

Summary Authors

Anna Dimon (2/12/2015)

Eva Richardson (5/23/2019)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5618037/parties/slevin-v-board-of-county-commissioners/


Judge(s)

Vázquez, Martha Alicia (New Mexico)

Attorneys(s) for Plaintiff

Coyte, Matthew (New Mexico)

Jacks, Jack Bennett (New Mexico)

Kennedy, Shannon L. (New Mexico)

Lorenz, Alice T (New Mexico)

Attorneys(s) for Defendant

Caldwell, John W (New Mexico)

Drennan, Jocelyn (New Mexico)

Ricco, Edward (New Mexico)

Judge(s)

Vázquez, Martha Alicia (New Mexico)

Attorneys(s) for Plaintiff

Coyte, Matthew (New Mexico)

Jacks, Jack Bennett (New Mexico)

Kennedy, Shannon L. (New Mexico)

Lorenz, Alice T (New Mexico)

Attorneys(s) for Defendant

Caldwell, John W (New Mexico)

Drennan, Jocelyn (New Mexico)

Ricco, Edward (New Mexico)

Documents in the Clearinghouse

Document

1:08-cv-01185

Docket [PACER]

March 28, 2013

March 28, 2013

Docket
1

1:08-cv-01185

Complaint

Dec. 23, 2008

Dec. 23, 2008

Complaint
140

1:08-cv-01185

Memorandum Order and Opinion

Slevin vs. Board of County Commissioners

934 F.Supp.2d 1270, 2012 WL 7808092, 2012 U.S.Dist.LEXIS 187317

Dec. 14, 2012

Dec. 14, 2012

Order/Opinion
141

1:08-cv-01185

Memorandum Order and Opinion

Slevin vs. Board of County Commissioners

934 F.Supp.2d 1282, 2013 WL 1277834, 2013 U.S.Dist.LEXIS 42555

Jan. 8, 2013

Jan. 8, 2013

Order/Opinion
145

1:08-cv-01185

Memorandum Opinion and Order

934 F.Supp.2d 1289, 2013 WL 1277832, 2013 U.S.Dist.LEXIS 45254

Jan. 14, 2013

Jan. 14, 2013

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5618037/slevin-v-board-of-county-commissioners/

Last updated Aug. 8, 2022, 3:08 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT FOR THE RECOVERY OF DAMAGES CAUSED BY THE DEPRIVATION OF CIVIL RIGHTS against Board of County Commissioners for the County of Dona Ana, The Dona Ana County Detention Center, Christopher Barela ( Filing Fee - Online Payment), filed by Stephen Slevin. (Attachments: # 1 Civil Cover Sheet)(Coyte, Matthew) (Entered: 12/23/2008)

1 Civil Cover Sheet

View on PACER

Dec. 23, 2008

Dec. 23, 2008

RECAP

Magistrate Judge Robert Hayes Scott and Magistrate Judge Don J. Svet assigned. (jm)

Dec. 24, 2008

Dec. 24, 2008

PACER
2

Letter re: consent to proceed before a U.S. Magistrate Judge (jm) (Entered: 12/24/2008)

Dec. 24, 2008

Dec. 24, 2008

PACER
3

NOTICE of Refusal to Proceed Before US Magistrate Judge by Stephen Slevin (Coyte, Matthew) (Entered: 12/29/2008)

Dec. 29, 2008

Dec. 29, 2008

PACER
4

MINUTE ORDER reassigning case to Chief U.S. District Judge Martha Vazquez. Magistrate Judge Robert Hayes Scott no longer assigned to case by Clerk of Court. (eh) (Entered: 12/30/2008)

Dec. 30, 2008

Dec. 30, 2008

PACER
5

Filing fee: $ 350.00, receipt number ALB005974. (mr) (Entered: 01/12/2009)

Jan. 9, 2009

Jan. 9, 2009

PACER

Summons Issued as to Board of County Commissioners for the County of Dona Ana, The Dona Ana County Detention Center, Christopher Barela. (nm)

Jan. 20, 2009

Jan. 20, 2009

PACER
6

NOTICE of Appearance by John W Caldwell on behalf of Board of County Commissioners for the County of Dona Ana, The Dona Ana County Detention Center, Christopher Barela, John Does (Caldwell, John) (Entered: 02/14/2009)

Feb. 14, 2009

Feb. 14, 2009

PACER
7

Defendants ANSWER to 1 Complaint, with Jury Demand by Board of County Commissioners for the County of Dona Ana, The Dona Ana County Detention Center, Christopher Barela, John Does. Related document: 1 Complaint, filed by Stephen Slevin.(Caldwell, John) (Entered: 02/22/2009)

Feb. 22, 2009

Feb. 22, 2009

PACER
8

INITIAL SCHEDULING ORDER: by Magistrate Judge Don J. Svet Joint Status Report due by 3/24/2009. Scheduling Conference set for 4/1/2009 10:00 AM in Albuquerque - 421 Gold 2nd Floor before Magistrate Judge Don J. Svet. (mdm) (Entered: 03/02/2009)

March 2, 2009

March 2, 2009

PACER
9

NOTICE by Stephen Slevin of Unavailability (Coyte, Matthew) (Entered: 03/06/2009)

March 6, 2009

March 6, 2009

PACER
10

Joint Status Report AND PROVISIONAL DISCOVERY PLAN by Stephen Slevin (Coyte, Matthew) (Entered: 03/18/2009)

March 18, 2009

March 18, 2009

PACER
11

CERTIFICATE OF SERVICE by Stephen Slevin Plaintiff's Initial Disclosures (Coyte, Matthew) (Entered: 03/19/2009)

March 19, 2009

March 19, 2009

PACER
12

NOTICE of Appearance by Shannon L Kennedy on behalf of Stephen Slevin (Kennedy, Shannon) (Entered: 03/31/2009)

March 31, 2009

March 31, 2009

PACER
13

Clerk's Minutes for proceedings held before Magistrate Judge Don J. Svet: Scheduling Conference held on 4/1/2009. (mdm) (Entered: 04/01/2009)

April 1, 2009

April 1, 2009

PACER
14

ORDER ADOPTING JOINT STATUS REPORT by Magistrate Judge Don J. Svet (mdm) (Entered: 04/01/2009)

April 1, 2009

April 1, 2009

PACER
15

SCHEDULING ORDER: by Magistrate Judge Don J. Svet Discovery due by 9/28/2009. Motions due by 12/14/2009. Proposed Pretrial Order due by 3/1/2010. (mdm) (Entered: 04/01/2009)

April 1, 2009

April 1, 2009

PACER
16

CERTIFICATE OF SERVICE by Board of County Commissioners for the County of Dona Ana, The Dona Ana County Detention Center, Christopher Barela, John Does Defendants' Rule 26 Disclosures (Caldwell, John) (Entered: 04/01/2009)

April 1, 2009

April 1, 2009

PACER
17

ORDER by Magistrate Judge Don J. Svet Settlement Conference set for 6/3/2009 01:30 PM in Albuquerque - 421 Gold, 2nd Floor before Magistrate Judge Don J. Svet. (mdm) (Entered: 04/27/2009)

April 27, 2009

April 27, 2009

PACER
18

CERTIFICATE OF SERVICE by Stephen Slevin Plaintiff's Amended Initial Disclosures (Coyte, Matthew) (Entered: 04/27/2009)

April 27, 2009

April 27, 2009

PACER
19

ORDER by Magistrate Judge Don J. Svet resetting settlement conference. Settlement Conference now set for 6/10/2009 08:30 AM in Albuquerque - 421 Gold, 2nd Floor before Magistrate Judge Don J. Svet. (mdm) (Entered: 04/28/2009)

April 28, 2009

April 28, 2009

PACER
20

CERTIFICATE OF SERVICE by Board of County Commissioners for the County of Dona Ana, The Dona Ana County Detention Center, Christopher Barela, John Does Defendants' First Amended Disclosures (Caldwell, John) (Entered: 05/04/2009)

May 4, 2009

May 4, 2009

PACER
21

Unopposed MOTION to Amend/Correct the Caption and to Extend the Deadline to Join Additional Parties by Stephen Slevin. (Coyte, Matthew) (Entered: 05/15/2009)

May 15, 2009

May 15, 2009

PACER
22

ORDER by Magistrate Judge Don J. Svet granting 21 Motion to Amend/Correct (og) (Entered: 05/18/2009)

May 18, 2009

May 18, 2009

PACER
23

CERTIFICATE OF SERVICE by Stephen Slevin Plaintiff's First Set of Interrogatories and Request for Production of Documents to Defendant Dona Ana Detention Center (Coyte, Matthew) (Entered: 05/19/2009)

May 19, 2009

May 19, 2009

PACER
24

CERTIFICATE OF SERVICE by Board of County Commissioners for the County of Dona Ana BOCC First Set of Discovery Requests (Caldwell, John) (Entered: 06/07/2009)

June 7, 2009

June 7, 2009

PACER
25

Clerk's Minutes for proceedings held before Magistrate Judge Don J. Svet: Settlement Conference held on 6/10/2009. (mdm) (Entered: 06/11/2009)

June 10, 2009

June 10, 2009

PACER
26

Unopposed MOTION to Extend (other) THE DEADLINE TO IDENTIFY EXPERT WITNESSES AND TO PROVIDE EXPERT REPORTS by Stephen Slevin. (Coyte, Matthew) (Entered: 06/30/2009)

June 30, 2009

June 30, 2009

PACER
27

ORDER by Magistrate Judge Don J. Svet granting 26 ORDER on Motion to Extend (mdm) (Entered: 07/01/2009)

July 1, 2009

July 1, 2009

PACER
28

CERTIFICATE OF SERVICE by Stephen Slevin Plaintiff's Answers and Responses to Defendant Board of County Commissioners' First Set of Interrogatories and Request for Production of Documents (Coyte, Matthew) (Entered: 07/09/2009)

July 9, 2009

July 9, 2009

PACER
29

NOTICE by Dan Zemek, Board of County Commissioners for the County of Dona Ana, The Dona Ana County Detention Center, Christopher Barela, John Does of Counsel's Unavailability from September 22, 2009 through October 6, 2009 (Caldwell, John) Modified on 8/10/2009 to include detail (kdf). (Entered: 08/09/2009)

Aug. 9, 2009

Aug. 9, 2009

PACER
30

First Amended ANSWER to 1 Complaint, with Jury Demand by Board of County Commissioners for the County of Dona Ana, The Dona Ana County Detention Center, Christopher Barela, Dan Zemek, John Does. Related document: 1 Complaint, filed by Stephen Slevin.(Caldwell, John) (Entered: 08/09/2009)

Aug. 9, 2009

Aug. 9, 2009

PACER
31

Joint MOTION to Extend (other) Expert Deadlines by Board of County Commissioners for the County of Dona Ana, The Dona Ana County Detention Center, Christopher Barela, Dan Zemek, John Does. (Caldwell, John) (Entered: 08/09/2009)

Aug. 9, 2009

Aug. 9, 2009

PACER
32

ORDER by Magistrate Judge Don J. Svet granting 31 ORDER on Motion to Extend (og) (Entered: 08/11/2009)

Aug. 11, 2009

Aug. 11, 2009

PACER
33

Witness List by Stephen Slevin. (Coyte, Matthew) (Entered: 08/12/2009)

Aug. 12, 2009

Aug. 12, 2009

PACER
34

Joint MOTION for Extension of Time to Complete Discovery and Defendants' Designation of Experts by Board of County Commissioners for the County of Dona Ana, The Dona Ana County Detention Center, Christopher Barela, Dan Zemek, John Does. (Caldwell, John) (Entered: 09/15/2009)

Sept. 15, 2009

Sept. 15, 2009

PACER
35

ORDER by Magistrate Judge Don J. Svet granting 34 Motion for Extension of Time to Complete Discovery: Discovery closes 11/30/09; Defendants' expert disclosures must be made by 10/16/09. (mdm) (Entered: 09/17/2009)

Sept. 17, 2009

Sept. 17, 2009

PACER
36

CERTIFICATE OF SERVICE by Stephen Slevin Plaintiff's Second Set of Interrogatories and Request for Production of Documents to Defendant Dona Ana Detention Center (Coyte, Matthew) (Entered: 10/09/2009)

Oct. 9, 2009

Oct. 9, 2009

PACER
37

CERTIFICATE OF SERVICE by Stephen Slevin Plaintiff's Request for Supplementation of Defendant's Discovery Responses (Coyte, Matthew) (Entered: 10/09/2009)

Oct. 9, 2009

Oct. 9, 2009

PACER
38

CERTIFICATE OF SERVICE by Stephen Slevin Plaintiff's Second Amended Initial Disclosures (Coyte, Matthew) (Entered: 10/16/2009)

Oct. 16, 2009

Oct. 16, 2009

PACER
39

CERTIFICATE OF SERVICE by Board of County Commissioners for the County of Dona Ana, The Dona Ana County Detention Center, Christopher Barela, Dan Zemek, John Does Defendants' Expert Report (Caldwell, John) (Entered: 10/16/2009)

Oct. 16, 2009

Oct. 16, 2009

PACER
40

NOTICE by Stephen Slevin of Unavailability (11/19/09-11/28/09) (Coyte, Matthew) (Entered: 10/26/2009)

Oct. 26, 2009

Oct. 26, 2009

PACER
41

MOTION to Extend (other) DISCOVERY AND PRE-TRIAL DEADLINES by Stephen Slevin. (Coyte, Matthew) (Entered: 11/05/2009)

Nov. 5, 2009

Nov. 5, 2009

PACER
42

ORDER by Magistrate Judge Don J. Svet granting 41 ORDER on Motion to Extend (og) (Entered: 11/18/2009)

Nov. 18, 2009

Nov. 18, 2009

PACER
43

CERTIFICATE OF SERVICE by Stephen Slevin Plaintiff's Third Amended Initial Disclosures (Coyte, Matthew) (Entered: 12/30/2009)

Dec. 30, 2009

Dec. 30, 2009

PACER
44

Joint MOTION to Extend (other) Discovery and Pre-Trial Deadlines by Stephen Slevin, Board of County Commissioners for the County of Dona Ana, The Dona Ana County Detention Center, Christopher Barela, Dan Zemek. (Coyte, Matthew) (Entered: 01/21/2010)

Jan. 21, 2010

Jan. 21, 2010

PACER
45

ORDER by Magistrate Judge Don J. Svet granting 44 ORDER on Motion to Extend (og) (Entered: 01/22/2010)

Jan. 22, 2010

Jan. 22, 2010

PACER
46

CERTIFICATE OF SERVICE by Stephen Slevin Plaintiff's 3rd Set of Interrogatories and Request for Production of Documents to Defendant Dona Ana Detention Center (Coyte, Matthew) (Entered: 01/27/2010)

Jan. 27, 2010

Jan. 27, 2010

PACER
47

ORDER SETTING TELEPHONE STATUS CONFERENCE by Magistrate Judge Don J. Svet. Telephone Status Conference set for 4/8/2010 at 11:00 AM before Magistrate Judge Don J. Svet. Counsel shall call the Court's conference line (505) 348-2388 five minutes prior to the scheduled conference time.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.](kjg) (Entered: 03/30/2010)

March 30, 2010

March 30, 2010

PACER
48

Clerk's Minutes for proceedings held before Magistrate Judge Don J. Svet: Status Conference held on 4/8/2010. (kjg) (Entered: 04/12/2010)

April 12, 2010

April 12, 2010

PACER
49

Joint MOTION for Extension of Time to Complete Discovery by May 18, 2010 by Christopher Barela, Board of County Commissioners for the County of Dona Ana, John Does, The Dona Ana County Detention Center, Dan Zemek. (Caldwell, John) (Entered: 04/16/2010)

April 16, 2010

April 16, 2010

PACER
50

ORDER by Magistrate Judge Don J. Svet Granting 49 Joint MOTION for Extension of Time to Complete Discovery. Discovery due by 5/18/2010. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.](kjg) (Entered: 04/16/2010)

April 16, 2010

April 16, 2010

PACER
51

PRETRIAL ORDER by District Judge Martha Vazquez (mjr) (Entered: 02/25/2011)

Feb. 24, 2011

Feb. 24, 2011

PACER
52

TRIAL NOTICE : Jury Selection/Trial set for 8/15/2011 at 9:00 AM in Santa Fe - Aspen Courtroom (2nd Floor) before District Judge Martha Vazquez. (mjr) (Entered: 02/25/2011)

Feb. 24, 2011

Feb. 24, 2011

PACER

Set Hearing: Pretrial Conference set for 7/26/2011 at 1:30 PM in Santa Fe - Aspen Courtroom (2nd Floor) before District Judge Martha Vazquez. (mjr)

Feb. 24, 2011

Feb. 24, 2011

PACER
53

MOTION to Reset Pre-Trial Conference by Stephen Slevin. (Coyte, Matthew) (Entered: 04/05/2011)

April 5, 2011

April 5, 2011

PACER
54

ORDER RESCHEDULING PRE-TRIAL CONFERENCE by District Judge Martha Vazquez GRANTING 53 MOTION to Reset Pre-Trial Conference filed by Stephen Slevin. Pretrial Conference set for 7/12/2011 at 1:30 PM in Santa Fe - Aspen Courtroom (2nd Floor) before District Judge Martha Vazquez. (gr) (Entered: 04/20/2011)

April 20, 2011

April 20, 2011

PACER
55

AMENDED TRIAL NOTICE - Jury Selection/Trial set for 1/17/2012 at 9:00 AM in Santa Fe - Aspen Courtroom (2nd Floor) before District Judge Martha Vazquez. Pretrial Conference set for 1/3/2012 at 1:30 PM in Santa Fe - Aspen Courtroom (2nd Floor) before District Judge Martha Vazquez. (gr) (Entered: 06/27/2011)

June 27, 2011

June 27, 2011

PACER
56

AMENDED NOTICE of Hearing: Pretrial Conference reset for 1/5/2012 at 01:30 PM in Santa Fe - Aspen Courtroom (2nd Floor) before District Judge Martha Vazquez. (laz)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 11/23/2011)

Nov. 23, 2011

Nov. 23, 2011

PACER
57

Opposed MOTION to Disqualify Judge by Christopher Barela, Board of County Commissioners for the County of Dona Ana, The Dona Ana County Detention Center, Dan Zemek. (Attachments: # 1 Affidavit Baker, # 2 Affidavit Roach, # 3 Affidavit Barela)(Caldwell, John) (Entered: 12/01/2011)

Dec. 1, 2011

Dec. 1, 2011

PACER
58

ORDER Setting Briefing Schedule by District Judge Martha Vazquez - Due to the upcoming trial date in this matter, the briefing schedule on Defendants' Motion to Disqualify [Doc. 57] shall be as follows: Plaintiff's Response, if any, must be filed no later than December 15, 2011; Defendants' Reply, if any, must be filed no later than December 21, 2011. (laz)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 12/06/2011)

Dec. 6, 2011

Dec. 6, 2011

PACER
59

MOTION for a Transport Order by Stephen Slevin. (Coyte, Matthew) (Entered: 12/12/2011)

Dec. 12, 2011

Dec. 12, 2011

PACER
60

RESPONSE in Opposition re 57 Opposed MOTION to Disqualify Judge filed by Stephen Slevin. (Coyte, Matthew) (Entered: 12/12/2011)

Dec. 12, 2011

Dec. 12, 2011

PACER
61

NOTICE OF WITHDRAWAL OF DOCUMENT as to document 59 Motion for Miscellaneous Relief by Stephen Slevin (Coyte, Matthew) (Entered: 12/14/2011)

Dec. 14, 2011

Dec. 14, 2011

PACER
62

MOTION for Writ of Habeas Corpus ad testificandum by Stephen Slevin. (Coyte, Matthew) (Entered: 12/14/2011)

Dec. 14, 2011

Dec. 14, 2011

PACER
63

NOTICE by Stephen Slevin Joint Statement of the Case (Coyte, Matthew) (Entered: 12/16/2011)

Dec. 16, 2011

Dec. 16, 2011

PACER
64

MOTION in Limine TO EXCLUDE EVIDENCE OF PRIOR BAD ACTS AND CONVICTIONS by Stephen Slevin. (Coyte, Matthew) (Entered: 12/19/2011)

Dec. 19, 2011

Dec. 19, 2011

PACER
65

Proposed Jury Instructions by Christopher Barela, Board of County Commissioners for the County of Dona Ana, Stephen Slevin, The Dona Ana County Detention Center, Dan Zemek. (Coyte, Matthew) (Entered: 12/19/2011)

Dec. 19, 2011

Dec. 19, 2011

PACER
66

REPLY to Response to Motion re 57 Opposed MOTION to Disqualify Judge filed by Christopher Barela, Board of County Commissioners for the County of Dona Ana, Stephen Slevin, The Dona Ana County Detention Center, Dan Zemek. (Caldwell, John) (Entered: 12/21/2011)

Dec. 21, 2011

Dec. 21, 2011

PACER
67

NOTICE of Briefing Complete by Christopher Barela, Board of County Commissioners for the County of Dona Ana, The Dona Ana County Detention Center, Dan Zemek re 57 Opposed MOTION to Disqualify Judge filed by Board of County Commissioners for the County of Dona Ana, The Dona Ana County Detention Center, Dan Zemek, Christopher Barela (Caldwell, John) (Entered: 12/21/2011)

Dec. 21, 2011

Dec. 21, 2011

PACER
68

ORDER by District Judge Martha Vazquez denying 57 Motion To Disqualify And Memorandum In Support Thereof. (laz) (Entered: 12/21/2011)

Dec. 21, 2011

Dec. 21, 2011

PACER
69

NOTICE by Stephen Slevin to Extend Pre-Trial Deadlines (Coyte, Matthew) (Entered: 12/22/2011)

Dec. 22, 2011

Dec. 22, 2011

PACER
70

ORDER by District Judge Martha Vazquez granting 62 Motion for Writ of Habeas Corpus Ad Testificandum. (mjr) (Entered: 12/27/2011)

Dec. 27, 2011

Dec. 27, 2011

PACER
71

Writ of Habeas Corpus ad Testificandum Issued as to John Oates for 1/18/12 and 1/19/12. (mjr) (Entered: 12/27/2011)

Dec. 27, 2011

Dec. 27, 2011

PACER
72

NOTICE by Stephen Slevin of Intended Deposition Use at Trial (Coyte, Matthew) (Entered: 12/30/2011)

Dec. 30, 2011

Dec. 30, 2011

PACER
73

Witness List by Christopher Barela, Board of County Commissioners for the County of Dona Ana, Stephen Slevin, The Dona Ana County Detention Center, Dan Zemek. (Coyte, Matthew) (Entered: 12/30/2011)

Dec. 30, 2011

Dec. 30, 2011

PACER
74

MINUTE ORDER reassigning Magistrate Judge Stephan M. Vidmar. Magistrate Judge Don J. Svet no longer assigned to case. (ah) (Entered: 01/05/2012)

Jan. 5, 2012

Jan. 5, 2012

PACER
75

Clerk's Minutes for proceedings held before District Judge Martha Vazquez: Pretrial Conference held on 1/5/2012. (Court Reporter S. Sperry) (mjr) (Entered: 01/06/2012)

Jan. 5, 2012

Jan. 5, 2012

PACER
76

STIPULATION by Stephen Slevin (Coyte, Matthew) (Entered: 01/06/2012)

Jan. 6, 2012

Jan. 6, 2012

PACER
77

TRIAL BRIEF by Stephen Slevin. (Attachments: # 1 Exhibit 1: DACDC Booking Photo of Stephen Slevin, # 2 Exhibit 2: Intake Photo of Stephen Slevin at NM Behavioral Health Institute at Las Vegas)(Coyte, Matthew) (Entered: 01/10/2012)

1 Exhibit 1: DACDC Booking Photo of Stephen Slevin

View on PACER

2 Exhibit 2: Intake Photo of Stephen Slevin at NM Behavioral Health Institute at L

View on PACER

Jan. 10, 2012

Jan. 10, 2012

PACER
78

Proposed Voir Dire by Stephen Slevin. (Coyte, Matthew) (Entered: 01/10/2012)

Jan. 10, 2012

Jan. 10, 2012

PACER
79

TRIAL BRIEF by Christopher Barela, Board of County Commissioners for the County of Dona Ana, The Dona Ana County Detention Center, Dan Zemek. (Caldwell, John) (Entered: 01/10/2012)

Jan. 10, 2012

Jan. 10, 2012

RECAP
80

Proposed Voir Dire by Christopher Barela, Board of County Commissioners for the County of Dona Ana, The Dona Ana County Detention Center, Dan Zemek. (Caldwell, John) (Entered: 01/10/2012)

Jan. 10, 2012

Jan. 10, 2012

PACER
81

NOTICE of Appearance by Matthew Coyte on behalf of Stephen Slevin (Coyte, Matthew) (Entered: 01/16/2012)

Jan. 16, 2012

Jan. 16, 2012

PACER
87

Clerk's Minutes for proceedings held before District Judge Martha Vazquez: Jury Trial begins on 1/17/2012. (Court Reporter S. Sperry) (mjr) (Entered: 01/25/2012)

Jan. 17, 2012

Jan. 17, 2012

PACER
88

Clerk's Minutes for proceedings held before District Judge Martha Vazquez: Day Two of Jury Trial held on 1/18/2012. (Court Reporter S. Sperry) (mjr) (Entered: 01/25/2012)

Jan. 18, 2012

Jan. 18, 2012

PACER
82

First MOTION in Limine Re Remedial Actions by Christopher Barela, Board of County Commissioners for the County of Dona Ana, The Dona Ana County Detention Center, Dan Zemek. (Caldwell, John) (Entered: 01/19/2012)

Jan. 19, 2012

Jan. 19, 2012

PACER
89

Clerk's Minutes for proceedings held before District Judge Martha Vazquez: Day Three of Jury Trial held on 1/19/2012. (Court Reporter S. Sperry) (mjr) (Entered: 01/25/2012)

Jan. 19, 2012

Jan. 19, 2012

PACER
83

MOTION in Limine by Stephen Slevin. (Coyte, Matthew) (Entered: 01/20/2012)

Jan. 20, 2012

Jan. 20, 2012

PACER
90

Clerk's Minutes for proceedings held before District Judge Martha Vazquez: Day Four of Jury Trial held on 1/20/2012. (Court Reporter S. Sperry) (mjr) (Entered: 01/25/2012)

Jan. 20, 2012

Jan. 20, 2012

PACER
84

NOTICE by Christopher Barela, Board of County Commissioners for the County of Dona Ana, The Dona Ana County Detention Center, Dan Zemek Filing of Bravo Settlement (Attachments: # 1 Exhibit)(Caldwell, John) (Entered: 01/22/2012)

Jan. 22, 2012

Jan. 22, 2012

PACER
85

Second MOTION to Continue Trial by Christopher Barela, Board of County Commissioners for the County of Dona Ana, The Dona Ana County Detention Center, Dan Zemek. (Caldwell, John) (Entered: 01/22/2012)

Jan. 22, 2012

Jan. 22, 2012

PACER
86

MOTION for Reconsideration re 83 MOTION in Limine by Stephen Slevin. (Coyte, Matthew) (Entered: 01/22/2012)

Jan. 22, 2012

Jan. 22, 2012

PACER
91

Clerk's Minutes for proceedings held before District Judge Martha Vazquez: Day Five of Jury Trial held on 1/23/2012. (Court Reporter S. Sperry) (mjr) (Entered: 01/25/2012)

Jan. 23, 2012

Jan. 23, 2012

PACER
92

Clerk's Minutes for proceedings held before District Judge Martha Vazquez: Jury Trial completed on 1/24/2012. (Court Reporter S. Sperry) (mjr) (Entered: 01/25/2012)

Jan. 24, 2012

Jan. 24, 2012

PACER
93

Court's Jury Instructions by District Judge Martha Vazquez. (mjr) (Entered: 01/25/2012)

Jan. 24, 2012

Jan. 24, 2012

RECAP
94

Jury Notes. (mjr) (Entered: 01/25/2012)

Jan. 24, 2012

Jan. 24, 2012

PACER
96

JURY VERDICT. (mjr) (Entered: 01/25/2012)

Jan. 24, 2012

Jan. 24, 2012

RECAP
98

RETURN OF EXHIBITS to counsel. (mjr) (Entered: 01/25/2012)

Jan. 24, 2012

Jan. 24, 2012

PACER
99

NOTICE- TRANSCRIPT ORDER FORM for proceedings from 1/17/12 through 1/24/12; Court Reporter: Susan Sperry; Transcripts are not for an Appeal as indicated on the form. (mjr) (Entered: 02/01/2012)

Jan. 31, 2012

Jan. 31, 2012

PACER

Case Details

State / Territory: New Mexico

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 28, 2008

Closing Date: 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Prisoner at Dona Ana County Detention Center

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Board of County Commissioners for the County of Doña Ana (Doña Ana), County

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

State law

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Damages

Source of Relief:

Settlement

Litigation

Form of Settlement:

Voluntary Dismissal

Amount Defendant Pays: $15,000,000

Issues

General:

Administrative segregation

Bathing and hygiene

Classification / placement

Conditions of confinement

Counseling

Food service / nutrition / hydration

Sanitation / living conditions

Solitary confinement/Supermax (conditions or process)

Discrimination-basis:

Disability (inc. reasonable accommodations)

Affected Gender:

Male

Disability:

Mental impairment

Medical/Mental Health:

Bed care (including sores)

Dental care

Medical care, general

Mental health care, general

Skin Infections

Type of Facility:

Government-run