Case: Dunlap v. Zavaras

1:09-cv-01196 | U.S. District Court for the District of Colorado

Filed Date: May 26, 2009

Clearinghouse coding complete

Case Summary

On May 26, 2009, prisoners at the Colorado State Penitentiary (CSP) filed this pro se lawsuit against the Colorado Department of Corrections (CDOC) under 42 U.S.C. § 1983 for allegedly violating his Eighth and Fourteenth Amendment rights. The main pro se plaintiff had been sentenced to death on May 17, 1996 and automatically incarcerated at CSP, the highest security level prison in the CDOC. He, along with others at the prison, were subject to a CSP policy prohibiting prisoners from any outdoor…

On May 26, 2009, prisoners at the Colorado State Penitentiary (CSP) filed this pro se lawsuit against the Colorado Department of Corrections (CDOC) under 42 U.S.C. § 1983 for allegedly violating his Eighth and Fourteenth Amendment rights. The main pro se plaintiff had been sentenced to death on May 17, 1996 and automatically incarcerated at CSP, the highest security level prison in the CDOC. He, along with others at the prison, were subject to a CSP policy prohibiting prisoners from any outdoors exercise. The plaintiffs asserted that this policy, specifically that the lack of sunlight, constituted cruel and unusual punishment because it created a substantial risk of harm to his mental and physical health. The plaintiffs sought injunctive and declaratory relief.

The plaintiff moved for class action certification on May 26, 2009 because he believed his claims were common to all 750 prisoners at the CSP. The court (Judge Zita Weinshienk) denied this motion on July 9, 2009, holding that, because the plaintiff was a pro se litigant, he could not represent other pro se litigants under federal law. She also denied his motion for a preliminary injunction allowing prisoners to exercise outside because plaintiff did not demonstrate that he would suffer irreparable harm if the injunction was denied. In addition, Judge Weinshienk dismissed some of the pro se plaintiffs and instructed the remaining plaintiffs to file an amended complaint.

On September 25, 2009, the plaintiffs filed an amended complaint. The defendant responded by filing a motion to dismiss in December of 2009. In January of 2010, the magistrate judge recommended that the motion to dismiss be granted.

On March 10, 2010, the last remaining plaintiff filed a third amended complaint to narrow his claim and the relief sought, and to amend the case caption to name only the executive director of the CDOC. The parties scheduled discovery, and on November 24, 2010, the defendant and plaintiff both moved for summary judgment.

On Feb 9, 2011 the case was reassigned to Judge William J. Martinez upon his recent appointment on the court. The parties continued to prepare for trial.

On May 20, 2011, attorneys from the American Civil Liberties Union began representing the plaintiff, and on May 25, 2011, there was a settlement on all claims and the case was administratively closed, presumably because the settlement agreement reserves the right for the plaintiff to come to court to enforce the agreement.

Summary Authors

Amanda Kenner (2/3/2017)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4976848/parties/dunlap-v-zavaras/


Judge(s)

Hegarty, Michael E. (Colorado)

Martinez, William Joseph (Colorado)

Weinshienk, Zita Leeson (Colorado)

Attorneys(s) for Plaintiff

Johnson, Gail K. (Colorado)

Silverstein, Mark (Colorado)

Wallace, Rebecca Teitelbaum (Colorado)

Attorneys(s) for Defendant

Alber, Christopher Wayne (Colorado)

Farry, Edward T. Jr. (Colorado)

Judge(s)

Hegarty, Michael E. (Colorado)

Martinez, William Joseph (Colorado)

Weinshienk, Zita Leeson (Colorado)

Attorneys(s) for Plaintiff

Johnson, Gail K. (Colorado)

Silverstein, Mark (Colorado)

Wallace, Rebecca Teitelbaum (Colorado)

Attorneys(s) for Defendant

Alber, Christopher Wayne (Colorado)

Farry, Edward T. Jr. (Colorado)

Documents in the Clearinghouse

Document

1:09-cv-01196

Docket [PACER]

Jan. 28, 2013

Jan. 28, 2013

Docket
15

1:09-cv-01196

Order to Dismiss in Part and Denying Motions

2009 WL 2006848

July 9, 2007

July 9, 2007

Order/Opinion
4

1:09-cv-01196

Prisoners Complaint

May 26, 2009

May 26, 2009

Complaint
59

1:09-cv-01196

Third Amended Complaint

March 12, 2010

March 12, 2010

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4976848/dunlap-v-zavaras/

Last updated Aug. 2, 2022, 3:21 a.m.

ECF Number Description Date Link Date / Link
1

MOTION and Affidavit for Leave to Proceed Under 28 U.S.C. 1915 by Plaintiff Matthew Fransisco Alfaro. (jak, ) (Entered: 05/27/2009)

May 14, 2009

May 14, 2009

3

ORDER Directing Clerk to Commence Civil Action and Directing Plaintiff to Cure Deficiency. Plaintiff's shall have 30 days to submit 1915 motions on the proper court forms. Plaintiff's shall also have 30 days to file a complaint on the proper court forms, by Magistrate Judge Boyd N. Boland on 5/22/09. (jak, )

May 26, 2009

May 26, 2009

RECAP
2

MOTION and Affidavit for Leave to Proceed Under 28 U.S.C. 1915 by Plaintiff Nathan Jerard Dunlap. (jak, ) (Entered: 05/27/2009)

May 14, 2009

May 14, 2009

15

ORDER to Dismiss in Part and Denying Motions. Ordered that Plaintiff Ryan Merritt is dismissed as a party to this action for failure to cure the deficiencies. Order denying 5 Motion for Order; denying 7 Motion for Preliminary Injunction; denying 9 Motion to Appoint Counsel. by Judge Zita L. Weinshienk on 07/08/09.(jjh, )

July 9, 2009

July 9, 2009

RECAP
22

Minute ORDER denying 10 Motion Requesting an Order in Regards to Payment of Filing Fees. Order denying 19 Motion Requesting an Order in Regards to Payment of Filing Fees. Order denying 20 Motion to Serve Defendants' Summons and Complaint by Magistrate Judge Boyd N. Boland on 09/01/09.(jjh, )

Sept. 1, 2009

Sept. 1, 2009

RECAP
23

ORDER Directing Plaintiffs to File Second Amended Complaint within 30 days that is signed by each Plaintiff by Magistrate Judge Boyd N. Boland on 09/02/09. (jjh, )

Sept. 2, 2009

Sept. 2, 2009

RECAP
4

Prisoner's COMPLAINT against K. (I) Moore, K. Moore, J. (I) Olson, J. Olson, Aristedes (I) Zavaras, Aristedes Zavaras, Susan (I) Jones, Susan Jones, D. (I) Combs, D. Combs, filed by Nathan Jerard Dunlap, Matthew Fransisco Alfaro, Ryan Merritt.(jak, ) (Entered: 05/27/2009)

May 26, 2009

May 26, 2009

5

MOTION Requesting Class Action Certification, by Plaintiffs Nathan Jerard Dunlap, Matthew Fransisco Alfaro, Ryan Merritt. (jak, ) (Entered: 05/27/2009)

May 26, 2009

May 26, 2009

25

ORDER Drawing Case. Ordered that this case shall be drawn to a district judge and to a magistrate judge. By Magistrate Judge Boyd N. Boland on 09/28/2009. (sah, )

Sept. 28, 2009

Sept. 28, 2009

RECAP
6

NOTICE OF CASE ASSOCIATION by Plaintiffs Nathan Jerard Dunlap, Matthew Fransisco Alfaro, Ryan Merritt (jak, ) (Entered: 05/27/2009)

May 26, 2009

May 26, 2009

28

ORDER GRANTING SERVICE BY UNITED STATES MARSHAL. By Judge Christine M. Arguello on 10/05/2009. (sah, )

Oct. 5, 2009

Oct. 5, 2009

RECAP
7

MOTION for Preliminary Injunction by Plaintiffs Nathan Jerard Dunlap, Matthew Fransisco Alfaro, Ryan Merritt. (jak, ) (Entered: 05/27/2009)

May 26, 2009

May 26, 2009

47

REPORT AND RECOMMENDATIONS re 45 Stipulated MOTION to Dismiss All Claims Brought by Plaintiff Alfaro, filed by K. Moore, D. Combs, Aristedes (I) Zavaras, J. (I) Olson, Aristedes Zavaras, D. (I) Combs, J. Olson, Susan (I) Jones, Susan Jones, Matt hew Fransisco Alfaro, K. (I) Moore. This Court recommends that the motion be GRANTED, that all claims brought by Plaintiff Alfaro be dismissed with prejudice, and that each party shall pay his his or its own costs and attorney's fees. By Magistrate Judge Michael E. Hegarty on 1/28/2010. (mehcd)

Jan. 28, 2010

Jan. 28, 2010

RECAP
8

Memorandum of Law in Support of 7 MOTION for Preliminary Injunction filed by Plaintiffs Nathan Jerard Dunlap, Matthew Fransisco Alfaro, Ryan Merritt. (jak, ) (Entered: 05/27/2009)

May 26, 2009

May 26, 2009

53

ORDER AFFIRMED AND ADOPTED 47 Report and Recommendations of United States Magistrate Judge Michael E. Hegarty. Granting 45 Joint Stipulated Motion to Dismiss All Claims Brought By Plaintiff Alfaro; by Judge Christine M. Arguello on 2/19/2010.(erv, )

Feb. 19, 2010

Feb. 19, 2010

RECAP
58

MINUTE ORDER granting 54 Plaintiff's unopposed Motion for Leave to File Third Amended Complaint and to Amend Case Caption. The Clerk of the Court is directed to file the Third Amended Complaint found at docket #54-2 and to amendthe case caption accordingly. The remaining Defendant shall file an answer or other response to the Third Amended Complaint in accordance with Fed. R. Civ. P. 15(a). By Magistrate Judge Michael E. Hegarty on 3/12/2010. (mehcd)

March 12, 2010

March 12, 2010

RECAP
9

MOTION to Appoint Counsel by Plaintiffs Nathan Jerard Dunlap, Matthew Fransisco Alfaro, Ryan Merritt. (jak, ) (Entered: 05/27/2009)

May 26, 2009

May 26, 2009

10

MOTION for Order in regards to the payment of filing fees, by Plaintiffs Nathan Jerard Dunlap, Matthew Fransisco Alfaro, Ryan Merritt. (jak, ) (Entered: 05/27/2009)

May 26, 2009

May 26, 2009

63

MINUTE ORDER granting 61 Motion to Amend Scheduling Order; Discovery due by 10/13/2010. Dispositive Motions due by 11/3/2010. Final Pretrial Conference Reset for 1/10/2011 09:45 AM in Courtroom C203 before Magistrate Judge Michael E. Hegarty. Settlement Conference Reset for 8/23/2010 10:00 AM in Courtroom C203 before Magistrate Judge Michael E. Hegarty. by Magistrate Judge Michael E. Hegarty on 5/3/2010.(erv, )

May 3, 2010

May 3, 2010

RECAP
11

MOTION and Affidavit for Leave to Proceed Under 28 U.S.C. 1915 by Plaintiff Nathan Jerard Dunlap. (jjh, ) (Entered: 06/17/2009)

June 17, 2009

June 17, 2009

66

MINUTE ORDER granting 64 the Stipulated Motion to Vacate Settlement Conference. The Settlement Conference set for 8/23/2010 is vacated. By Magistrate Judge Michael E. Hegarty on 8/17/2010. (mehcd)

Aug. 17, 2010

Aug. 17, 2010

RECAP
69

MINUTE ORDER denying 67 the Second Stipulated Motion to Amend Scheduling Order, by Magistrate Judge Michael E. Hegarty on 9/1/2010. (mehcd)

Sept. 1, 2010

Sept. 1, 2010

RECAP
12

MOTION and Affidavit for Leave to Proceed Under 28 U.S.C. 1915 by Plaintiff Matthew Fransisco Alfaro. (jjh, ) (Entered: 06/17/2009)

June 17, 2009

June 17, 2009

82

MINUTE ORDER granting 80 the Third Stipulated Motino to Amend Scheduling Order. Responses to cross motions for summary judgment due by 2/2/2011. Final Pretrial Conference reset for 3/11/2011 at 9:45 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. By Magistrate Judge Michael E. Hegarty on 1/4/2011. (mehcd)

Jan. 4, 2011

Jan. 4, 2011

RECAP
13

(AMENDED) COMPLAINT against all defendants, filed by Nathan Jerard Dunlap.(jjh, ) (Entered: 06/17/2009)

June 17, 2009

June 17, 2009

86

ORDER. The parties are directed to confer and to file a Joint Status Report, Status Report due 2/23/2011 by Judge William J. Martinez on 02/14/11. (jjh, )

Feb. 14, 2011

Feb. 14, 2011

RECAP
14

(AMENDED) COMPLAINT against all defendants, filed by Matthew Fransisco Alfaro.(jjh, ) (Entered: 06/17/2009)

June 17, 2009

June 17, 2009

92

MINUTE ORDER granting in part and denying in part 90 the Joint Motion to Vacate Final Pretrial Conference. The Final Pretrial Conference set for 3/11/2011 09:45 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty IS CONVERTED TO A STATUS CONFERENCE. By Magistrate Judge Michael E. Hegarty on 3/3/2011. (mehcd)

March 3, 2011

March 3, 2011

RECAP
16

ORDER granting 1 Motion for Leave to Proceed in Forma Pauperis; granting 2 Motion for Leave to Proceed in Forma Pauperis; granting 11 Motion for Leave to Proceed in Forma Pauperis; granting 12 Motion for Leave to Proceed in Forma Pauperis by Magistrate Judge Craig B. Shaffer on 07/16/09.(jjh, ) (Entered: 07/16/2009)

July 16, 2009

July 16, 2009

106

MINUTE ORDER denying as moot 74 Defendant's Motion for Summary Judgment, and denying 75 Plaintiff's Motion for Summary Judgment, in light of the settlement of this case. By Magistrate Judge Michael E. Hegarty on 5/26/2011. (mehcd)

May 26, 2011

May 26, 2011

RECAP
18

MINUTE ORDER the clerk of the court is directed to remail to Plaintiff Alfaro with the correct postage, together with a copy of this minute order, a copy of the courts Order Granting Leave to Proceed Pursuant to 28 U.S.C. § 1915 filed in this action on July 16, 2009, and any documents specified in that order. Plaintiff Alfaro shall have thirty (30) days from the date of this minute order either to pay his initial partial filing fee of $22.00 or to show cause as directed why he is unable to pay the initial partial filing fee by Magistrate Judge Boyd N. Boland on 08/03/09. (jjh, ) (Entered: 08/03/2009)

Aug. 3, 2009

Aug. 3, 2009

19

MOTION to Serve Defendants' Summons and Complaint by Plaintiff Nathan Jerard Dunlap. (jjh, ) (Entered: 08/31/2009)

Aug. 31, 2009

Aug. 31, 2009

20

MOTION Requesting an Order in Regards to the Paymnet of Filing Fees by Plaintiff Matthew Fransisco Alfaro. (jjh, ) (Entered: 08/31/2009)

Aug. 31, 2009

Aug. 31, 2009

21

LETTER re: filing fees by Plaintiffs Nathan Jerard Dunlap, Matthew Fransisco Alfaro. (jjh, ) (Entered: 09/01/2009)

Aug. 31, 2009

Aug. 31, 2009

24

AMENDED Prisoner COMPLAINT against K. (I) Moore, K. Moore, J. (I) Olson, J. Olson, Aristedes (I) Zavaras, Aristedes Zavaras, Susan (I) Jones, Susan Jones, D. (I) Combs, D. Combs, filed by Nathan Jerard Dunlap, Matthew Fransisco Alfaro.(gmssl, ) (Entered: 09/25/2009)

Sept. 25, 2009

Sept. 25, 2009

26

Letter from Clerk of Court addressed to Mr. Dunlap and Mr. Alfaro advising of case assignment to Judge Arguello. (sah, ) (Entered: 10/01/2009)

Oct. 1, 2009

Oct. 1, 2009

27

NOTICE of Change of Address by Plaintiff Matthew Fransisco Alfaro (sah, ) (Entered: 10/02/2009)

Oct. 2, 2009

Oct. 2, 2009

29

ORDER REFERRING CASE to Magistrate Judge Michael E. Hegarty. Magistrate Judge Hegarty is designated to conduct ALLMTN proceedings pursuant to 28 U.S.C. § 636(b)(1)(A) and (B) and Fed.R.Civ.P. 72(a) and (b). The parties should expect to be given a firm trial setting that is 60 to 120 days from the date of the final pretrial conference, and should be available for trial accordingly. By Judge Christine M. Arguello on 10/14/09. TEXT ONLY ENTRY − NO DOCUMENT ATTACHED (cmasec) (Entered: 10/14/2009)

Oct. 14, 2009

Oct. 14, 2009

30

MINUTE ORDER Telephonic Preliminary Scheduling/Status Conference set for 1/6/2010 09:15 AM in Courtroom C203 before Magistrate Judge Michael E. Hegarty. Plaintiff shall participate in this conference by telephone. Plaintiffs and case managers, or a representative of the facilities, shall contact the Court at (303) 844−4507 on the above date and time in order to participate. By Magistrate Judge Michael E. Hegarty on 10/14/2009. (mehcd) (Entered: 10/14/2009)

Oct. 14, 2009

Oct. 14, 2009

31

PAYMENT RECEIVED from Matthew Fransisco Alfaro in the amount of $ 13.00; Receipt Number COX023010; Monthly Payment. (sah, ) (Entered: 10/27/2009)

Oct. 27, 2009

Oct. 27, 2009

33

PAYMENT RECEIVED from Nathan Jerard Dunlap in the amount of $ 0.92; Receipt Number 023076; Monthly Payment. (wjc, ) (Entered: 10/29/2009)

Oct. 29, 2009

Oct. 29, 2009

34

PAYMENT RECEIVED from Nathan Jerard Dunlap in the amount of $ 1.01; Receipt Number COX023991; monthly Payment. (erv, ) (Entered: 12/07/2009)

Dec. 4, 2009

Dec. 4, 2009

35

Letter from Plaintiff re 34 Payment Received. (erv, ) (Entered: 12/07/2009)

Dec. 7, 2009

Dec. 7, 2009

36

MOTION to Dismiss by Defendants K. (I) Moore, K. Moore, J. (I) Olson, J. Olson, Aristedes (I) Zavaras, Aristedes Zavaras, Susan (I) Jones, Susan Jones, D. (I) Combs, D. Combs. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Alber, Christopher) (Entered: 12/28/2009)

Dec. 28, 2009

Dec. 28, 2009

37

ANSWER to 24 Amended Complaint by K. (I) Moore, K. Moore, J. (I) Olson, J. Olson, Aristedes (I) Zavaras, Aristedes Zavaras, Susan (I) Jones, Susan Jones, D. (I) Combs, D. Combs.(Alber, Christopher) (Entered: 12/28/2009)

Dec. 28, 2009

Dec. 28, 2009

38

NOTICE of Entry of Appearance by Gail Kathryn Johnson on behalf of Nathan Jerard Dunlap (Johnson, Gail) (Entered: 01/05/2010)

Jan. 5, 2010

Jan. 5, 2010

39

Unopposed MOTION to Continue January 6, 2010 Scheduling Conference by Plaintiff Nathan Jerard Dunlap. (Johnson, Gail) (Entered: 01/05/2010)

Jan. 5, 2010

Jan. 5, 2010

40

MEMORANDUM regarding 39 Unopposed MOTION to Continue January 6, 2010 Scheduling Conference filed by Nathan Jerard Dunlap. Motion referred to Magistrate Judge Michael E. Hegarty by Judge Christine M. Arguello on 01/06/10. TEXT ONLY ENTRY − NO DOCUMENT ATTACHED (cmasec) (Entered: 01/06/2010)

Jan. 6, 2010

Jan. 6, 2010

41

Courtroom Minutes/Minute Order for proceedings held before Magistrate Judge Michael E. Hegarty: Scheduling Conference held on 1/6/2010. 39 Unopposed Motion by Plaintiff Nathan Dunlap to Continue January 6, 2010, Scheduling Conference is GRANTED; Reset Hearings: Scheduling Conference RESET for 2/5/2010 09:30 AM in Courtroom C203 before Magistrate Judge Michael E. Hegarty. Mr. Alber to prepare a Stipulated Motion to Dismiss Plaintiff Alfaro only. (Court Reporter FTR − C. Coomes) (mehcd) (Entered: 01/06/2010)

Jan. 6, 2010

Jan. 6, 2010

42

NOTICE of Entry of Appearance by Mark Silverstein on behalf of Nathan Jerard Dunlap (Silverstein, Mark) (Entered: 01/12/2010)

Jan. 12, 2010

Jan. 12, 2010

43

PAYMENT RECEIVED from Nathan Jerard Dunlap in the amount of $.97; Receipt Number COX025177; monthly Payment. (erv, ) (Entered: 01/22/2010)

Jan. 21, 2010

Jan. 21, 2010

44

FINAL PAYMENT RECEIVED from Nathan Jerard Dunlap in the amount of $ 255.10; Receipt Number COX025216. (erv, ) (Entered: 01/25/2010)

Jan. 25, 2010

Jan. 25, 2010

45

Stipulated MOTION to Dismiss All Claims Brought by Plaintiff Alfaro by Defendants K. (I) Moore, K. Moore, J. (I) Olson, J. Olson, Aristedes (I) Zavaras, Aristedes Zavaras, Susan (I) Jones, Susan Jones, D. (I) Combs, D. Combs, Plaintiff Matthew Fransisco Alfaro. (Alber, Christopher) (Entered: 01/26/2010)

Jan. 26, 2010

Jan. 26, 2010

46

MEMORANDUM regarding 45 Stipulated MOTION to Dismiss All Claims Brought by Plaintiff Alfaro filed by K. Moore, D. Combs, Aristedes (I) Zavaras, J. (I) Olson, Aristedes Zavaras, D. (I) Combs, J. Olson, Susan (I) Jones, Susan Jones, Matthew Fransisco Alfaro, K. (I) Moore. Motion referred to Magistrate Judge Michael E. Hegarty by Judge Christine M. Arguello on 01/26/10. TEXT ONLY ENTRY − NO DOCUMENT ATTACHED (cmasec) (Entered: 01/26/2010)

Jan. 26, 2010

Jan. 26, 2010

48

Proposed Scheduling Order by Plaintiff Nathan Jerard Dunlap. (Johnson, Gail) (Entered: 01/29/2010)

Jan. 29, 2010

Jan. 29, 2010

49

MINUTE ORDER In light of the Stipulated Motion to Dismiss All Claims by Plaintiff Alfaro, Mr. Alfaro need not participate in the Scheduling Conference currently set for 2/5/(Modified on 2/2/2010 corrected spacing)(erv, ). (Entered: 02/01/2010)

Feb. 1, 2010

Feb. 1, 2010

50

CERTIFICATE of Mailing to Case Manager for Plaintiff Alfaro. (mehcd) (Entered: 02/01/2010)

Feb. 1, 2010

Feb. 1, 2010

51

Minute Entry for proceedings held before Magistrate Judge Michael E. Hegarty: Scheduling Conference held on 2/5/2010. Discovery due by 8/5/2010. Dispositive Motions due by 9/6/2010. Settlement Conference set for 6/8/2010 10:00 AM in Courtroom C203 before Magistrate Judge Michael E. Hegarty. Final Pretrial Conference set for 11/18/2010 09:30 AM in Courtroom C203 before Magistrate Judge Michael E. Hegarty. (FTR − Debra Brown) (kmtcd, ) (Entered: 02/05/2010)

Feb. 5, 2010

Feb. 5, 2010

52

SCHEDULING ORDER: by Magistrate Judge Michael E. Hegarty on 2/5/2010. (erv, ) (Entered: 02/08/2010)

Feb. 8, 2010

Feb. 8, 2010

54

MOTION for Leave to File Third Amended Complaint and To Amend Case Caption by Plaintiff Nathan Jerard Dunlap. (Attachments: # 1 Proposed Document Third Amended Complaint)(Johnson, Gail) (Entered: 03/08/2010)

March 8, 2010

March 8, 2010

55

MEMORANDUM regarding 54 MOTION for Leave to File Third Amended Complaint and To Amend Case Caption filed by Nathan Jerard Dunlap. Motions referred to Magistrate Judge Michael E. Hegarty by Judge Christine M. Arguello on 03/09/10. TEXT ONLY ENTRY − NO DOCUMENT ATTACHED (cmasec) (Entered: 03/09/2010)

March 9, 2010

March 9, 2010

56

MINUTE ORDER re: 54 Plaintiff's Motion for Leave to File Third Amended Complaint and To Amend Case Caption. Defendants shall file a response to the motion on or 3/17/2010. By Magistrate Judge Michael E. Hegarty on 3/10/2010. (mehcd) (Entered: 03/10/2010)

March 10, 2010

March 10, 2010

57

RESPONSE to 54 MOTION for Leave to File Third Amended Complaint and To Amend Case Caption filed by Defendants K. (I) Moore, K. Moore, J. (I) Olson, J. Olson, Aristedes (I) Zavaras, Aristedes Zavaras, Susan (I) Jones, Susan Jones, D. (I) Combs, D. Combs. (Alber, Christopher) (Entered: 03/10/2010)

March 10, 2010

March 10, 2010

59

THIRD AMENDED COMPLAINT against Aristedes Zavaras in his Official Capacity, filed by Nathan Jerard Dunlap.(erv, ) (Entered: 03/16/2010)

March 12, 2010

March 12, 2010

60

ANSWER to 59 Amended Complaint by Aristedes Zavaras.(Alber, Christopher) (Entered: 03/26/2010)

March 26, 2010

March 26, 2010

62

MEMORANDUM regarding 61 Stipulated MOTION to Amend/Correct/Modify 52 Scheduling Order filed by Nathan Jerard Dunlap. Motion referred to Magistrate Judge Michael E. Hegarty by Judge Christine M. Arguello on 05/03/10. TEXT ONLY ENTRY − NO DOCUMENT ATTACHED (cmasec) (Entered: 05/03/2010)

May 3, 2010

May 3, 2010

64

Stipulated MOTION to Vacate Settlement Conference by Plaintiff Nathan Jerard Dunlap, Defendant Aristedes Zavaras. (Alber, Christopher) (Entered: 08/16/2010)

Aug. 16, 2010

Aug. 16, 2010

65

MEMORANDUM regarding 64 Stipulated MOTION to Vacate Settlement Conference filed by Nathan Jerard Dunlap, Aristedes Zavaras. Motion referred to Magistrate Judge Michael E. Hegarty by Judge Christine M. Arguello on 08/16/10. TEXT ONLY ENTRY − NO DOCUMENT ATTACHED (cmasec) (Entered: 08/16/2010)

Aug. 16, 2010

Aug. 16, 2010

67

Stipulated MOTION to Amend/Correct/Modify 52 Scheduling Order, 63 Order on Motion to Amend/Correct/Modify, by Plaintiff Nathan Jerard Dunlap. (Johnson, Gail) (Entered: 08/30/2010)

Aug. 30, 2010

Aug. 30, 2010

68

MEMORANDUM regarding 67 Stipulated MOTION to Amend/Correct/Modify 52 Scheduling Order, 63 Order on Motion to Amend/Correct/Modify, filed by Nathan Jerard Dunlap.Motion referred to Magistrate Judge Michael E. Hegarty by Judge Christine M. Arguello on 8/31/10. TEXT ONLY ENTRY − NO DOCUMENT ATTACHED(cmacd ) (Entered: 08/31/2010)

Aug. 31, 2010

Aug. 31, 2010

70

NOTICE of Entry of Appearance by Edward T. Farry, Jr on behalf of Aristedes Zavaras (Farry, Edward) (Entered: 09/21/2010)

Sept. 21, 2010

Sept. 21, 2010

71

Unopposed MOTION for Extension of Time to file Dispositive Motions by Defendant Aristedes Zavaras. (Alber, Christopher) (Entered: 10/29/2010)

Oct. 29, 2010

Oct. 29, 2010

72

MEMORANDUM regarding 71 Unopposed MOTION for Extension of Time to file Dispositive Motions filed by Aristedes Zavaras. Motion referred to Magistrate Judge Michael E. Hegarty by Judge Christine M. Arguello on 10/29/10. TEXT ONLY ENTRY − NO DOCUMENT ATTACHED (cmasec) (Entered: 10/29/2010)

Oct. 29, 2010

Oct. 29, 2010

73

MINUTE ORDER granting 71 the Unopposed Motion for Extension of Time of the Dispositive Motions Deadline. Dispositive Motions due by 11/24/2010. Final Pretrial Conference reset for 1/26/2011 09:45 AM in Courtroom C203 before Magistrate Judge Michael E. Hegarty. By Magistrate Judge Michael E. Hegarty on 10/29/2010. (mehcd) (Entered: 11/01/2010)

Oct. 29, 2010

Oct. 29, 2010

74

MOTION for Summary Judgment by Defendant Aristedes Zavaras. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Alber, Christopher) (Entered: 11/24/2010)

Nov. 24, 2010

Nov. 24, 2010

75

MOTION for Summary Judgment by Plaintiff Nathan Jerard Dunlap. (Attachments: # 1 Affidavit Gail K. Johnson, # 2 Affidavit Steven J. Martin)(Johnson, Gail) (Entered: 11/24/2010)

Nov. 24, 2010

Nov. 24, 2010

76

MEMORANDUM regarding 74 MOTION for Summary Judgment filed by Aristedes Zavaras, 75 MOTION for Summary Judgment filed by Nathan Jerard Dunlap. Motions referred to Magistrate Judge Michael E. Hegarty by Judge Christine M. Arguello on 11/30/10. TEXT ONLY ENTRY − NO DOCUMENT ATTACHED (cmasec) (Entered: 11/30/2010)

Nov. 30, 2010

Nov. 30, 2010

77

Joint MOTION for Extension of Time to File Response/Reply as to 74 MOTION for Summary Judgment, 75 MOTION for Summary Judgment by Plaintiff Nathan Jerard Dunlap, Defendant Aristedes Zavaras. (Alber, Christopher) (Entered: 12/13/2010)

Dec. 13, 2010

Dec. 13, 2010

78

MEMORANDUM regarding 77 Joint MOTION for Extension of Time to File Response/Reply as to 74 MOTION for Summary Judgment, 75 MOTION for Summary Judgment filed by Nathan Jerard Dunlap, Aristedes Zavaras. Motion referred to Magistrate Judge Michael E. Hegarty by Judge Christine M. Arguello on 12/14/10. TEXT ONLY ENTRY − NO DOCUMENT ATTACHED (cmasec) (Entered: 12/14/2010)

Dec. 14, 2010

Dec. 14, 2010

79

MINUTE ORDER granting 77 the Joint Motion for Extension of Time to Respond to Motions for Summary Judgment. The Court directs the parties to file responses to the cross motions for summary judgment on or before January 5, 2011. By Magistrate Judge Michael E. Hegarty on 12/14/2010. (mehcd) (Entered: 12/15/2010)

Dec. 14, 2010

Dec. 14, 2010

80

Stipulated MOTION to Amend/Correct/Modify 52 Scheduling Order by Plaintiff Nathan Jerard Dunlap. (Johnson, Gail) (Entered: 12/31/2010)

Dec. 31, 2010

Dec. 31, 2010

81

MEMORANDUM regarding 80 Stipulated MOTION to Amend/Correct/Modify 52 Scheduling Order filed by Nathan Jerard Dunlap. Motion referred to Magistrate Judge Michael E. Hegarty by Judge Christine M. Arguello on 01/03/11. TEXT ONLY ENTRY − NO DOCUMENT ATTACHED (cmasec) (Entered: 01/03/2011)

Jan. 3, 2011

Jan. 3, 2011

83

RESPONSE to 75 MOTION for Summary Judgment filed by Defendant Aristedes Zavaras. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Alber, Christopher) (Entered: 02/02/2011)

Feb. 2, 2011

Feb. 2, 2011

84

RESPONSE to 74 MOTION for Summary Judgment filed by Plaintiff Nathan Jerard Dunlap. (Attachments: # 1 Exhibit Declaration of Nathan Jerard Dunlap)(Johnson, Gail) (Entered: 02/02/2011)

Feb. 2, 2011

Feb. 2, 2011

85

REASSIGNING JUDGE. This action is reassigned to Judge William J. Martinez, upon his recent appointment to the court. All future pleadings should reference Judge Martinez's initials at the end of the civil action number (such as 08−cv−00001−WJM). Unless otherwise ordered, the dates and times for all previously scheduled matters will be maintained and will now be handled by Judge Martinez in Courtroom A601. His chambers are located in Room A641 of the Alfred A. Arraj U. S. Courthouse. His chambers telephone number is 303−335−2805. TEXT ONLY ENTRY − NO DOCUMENT (gmssl, ) (Entered: 02/09/2011)

Feb. 9, 2011

Feb. 9, 2011

87

REPLY to Response to 75 MOTION for Summary Judgment filed by Plaintiff Nathan Jerard Dunlap. (Johnson, Gail) (Entered: 02/16/2011)

Feb. 16, 2011

Feb. 16, 2011

88

Joint STATUS REPORT by Plaintiff Nathan Jerard Dunlap. (Johnson, Gail) (Entered: 02/23/2011)

Feb. 23, 2011

Feb. 23, 2011

89

NOTICE of Disclosure. Parties wishing to suggest recusal of the Judge may do so within 10 days, by Judge William J. Martinez (gmssl, ) (Entered: 02/25/2011)

Feb. 25, 2011

Feb. 25, 2011

90

Joint MOTION to Vacate Final Pretrial Conference by Plaintiff Nathan Jerard Dunlap. (Johnson, Gail) (Entered: 03/02/2011)

March 2, 2011

March 2, 2011

93

RESPONSE to 89 Notice of Disclosure by Defendant Aristedes Zavaras. (Alber, Christopher) (Entered: 03/07/2011)

March 7, 2011

March 7, 2011

94

ORDER directing Plaintiff Nathan Jerard Dunlap to file a reply to 93 RESPONSE to 89 Notice of Disclosure by Defendant Aristedes Zavaras on or before 03/18/2011. By Judge William J. Martinez on 03/09/2011. TEXT ONLY ENTRY − NO DOCUMENT ATTACHED(wjmlc2, ) (Entered: 03/09/2011)

March 9, 2011

March 9, 2011

95

COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Michael E. Hegarty: Telephonic Status Conference held on 3/11/2011. Joint Status Report due by 4/8/2011. (FTR: C. Coomes −− Courtroom A−501) (mehcd) (Entered: 03/11/2011)

March 11, 2011

March 11, 2011

96

REPLY to 93 Response to Notice of Disclosure by Plaintiff Nathan Jerard Dunlap. (Attachments: # 1 Exhibit, # 2 Exhibit)(Johnson, Gail) (Entered: 03/18/2011)

March 18, 2011

March 18, 2011

97

Joint STATUS REPORT by Plaintiff Nathan Jerard Dunlap, Defendant Aristedes Zavaras. (Alber, Christopher) (Entered: 04/08/2011)

April 8, 2011

April 8, 2011

98

Joint STATUS REPORT by Plaintiff Nathan Jerard Dunlap, Defendant Aristedes Zavaras. (Alber, Christopher) (Entered: 04/22/2011)

April 22, 2011

April 22, 2011

99

MINUTE ORDER Status Conference set for 4/27/2011 09:45 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. by Magistrate Judge Michael E. Hegarty on 4/25/2011. (erv, ) (Entered: 04/25/2011)

April 25, 2011

April 25, 2011

100

COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Michael E. Hegarty: Telephonic Status Conference held on 4/27/2011. Proposed Final Pretrial Order due by 5/23/2011. Final Pretrial Conference set for 5/25/2011 10:00 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty, if the case does not settle. Settlement Conference set for 5/25/2011 10:00 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. (FTR: C. Coomes −− Courtroom A−501) (mehcd) (Entered: 04/27/2011)

April 27, 2011

April 27, 2011

101

NOTICE of Entry of Appearance Rebecca Wallace by Mark Silverstein on behalf of Nathan Jerard Dunlap (Silverstein, Mark) (Entered: 05/20/2011)

May 20, 2011

May 20, 2011

102

Unopposed MOTION to Reset Final Pretrial Conference as a Status Conference by Plaintiff Nathan Jerard Dunlap. (Attachments: # 1 Proposed Order (PDF Only))(Wallace, Rebecca) (Entered: 05/23/2011)

May 23, 2011

May 23, 2011

103

MEMORANDUM regarding 102 Unopposed MOTION to Reset Final Pretrial Conference as a Status Conference filed by Nathan Jerard Dunlap. Motion referred to Magistrate Judge Michael E. Hegarty by Judge William J. Martinez on 05/23/2011. TEXT ONLY ENTRY − NO DOCUMENT ATTACHED (wjmsec, ) (Entered: 05/23/2011)

May 23, 2011

May 23, 2011

Case Details

State / Territory: Colorado

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: May 26, 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Prisoner sentenced to death, incarcerated in the Colorado State Penitentiary.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Aristedes Zavaraz (Denver), State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Complaint (any)

Outcome

Prevailing Party: Unknown

Nature of Relief:

Unknown

Source of Relief:

Settlement

Content of Injunction:

Preliminary relief denied

Issues

General:

Administrative segregation

Recreation / Exercise