Case: Salazar v. San Juan County Detention Center

1:15-cv-00417 | U.S. District Court for the District of New Mexico

Filed Date: May 15, 2015

Clearinghouse coding complete

Case Summary

On May 15, 2015, the mother of a deceased prison inmate filed this lawsuit against the San Juan County Detention Center, the San Juan County Regional Medical Center, and San Juan County in the U.S. District Court for the District of New Mexico. Represented by private counsel, the plaintiff sought damages and declaratory relief under 42 U.S.C. §1983, alleging wrongful death and violations of the Eighth Amendment of the U.S. Constitution and the Americans with Disabilities Act, 42 U.S.C. §§ 12131…

On May 15, 2015, the mother of a deceased prison inmate filed this lawsuit against the San Juan County Detention Center, the San Juan County Regional Medical Center, and San Juan County in the U.S. District Court for the District of New Mexico. Represented by private counsel, the plaintiff sought damages and declaratory relief under 42 U.S.C. §1983, alleging wrongful death and violations of the Eighth Amendment of the U.S. Constitution and the Americans with Disabilities Act, 42 U.S.C. §§ 12131-12134. Specifically, the plaintiff claimed that the defendants’ actions and policies constituted severe and deliberate indifference to the medical needs of her son, who suffered injuries and death as a result of receiving insufficient medical care while incarcerated.

The plaintiff’s claims were consolidated with those of three other plaintiffs suing the San Juan County Detention Center, for the pretrial and discovery purposes, although the parties agreed that each case was to be tried separately. Two other individual plaintiffs had filed complaints alleging Eighth Amendment violations, ADA violations, negligence, and wrongful death in June 2015. On July 28, 2015, twenty-seven plaintiffs filed their Second Amended Complaint in the District of New Mexico in Burkee v. San Juan. The Burkee plaintiffs asserted causes of action for Eighth Amendment violations, negligence, ADA violations, and intentional infliction of emotional distress (IIED). On August 24, 2015, the consolidated case was assigned to Judge James O. Browning.

On September 28, the plaintiffs moved for injunctive relief, requesting either that the court order the defendants to provide emergency medical care to the plaintiffs, or appoint an independent medical overseer for the facility. On November 17, the court dismissed all federal claims against the defendants, holding that the plaintiffs’ complaint did not meet the requisite pleading standards. On January 15, 2016, the court denied the motion for preliminary injunction on the grounds that the plaintiffs were unlikely to succeed on the merits of their claim. The plaintiffs each filed an amended complaint on February 29, 2016, alleging violations of the Eighth and Fourteenth Amendments as well as state tort claims.

The lead plaintiff in this case entered into a settlement agreement with the defendants, which was approved by the District Court on September 19, 2016. The details of the settlement were not made publicly available. On September 20, 2016, the court dismissed all claims under the A.D.A. and state law. On September 30, 2016, the court entered its final judgment, dismissing the lead plaintiff’s claims against the defendants with prejudice. Salazar v. San Juan Cnty. Det. Ctr., No. CIV 15-0417 JB/LF, 2016 U.S. Dist. LEXIS 141408, at *41 (D.N.M. Sep. 30, 2016). The case of one of the other individual wrongful death plaintiffs was also dismissed on September 30, 2016.

Following settlement and dismissal of the lead plaintiff's case, proceedings in two of the other consolidated cases continued. In the other individual wrongful death plaintiff's case, claims against the San Juan County Detention Center were dismissed on December 12, 2016. The claims against San Juan Regional Medical Center and its employees and agents on July 31, 2017.

In the Burkee case, the San Juan County Detention Center, its administrator, and San Juan County moved to dismiss the A.D.A. and state law claims, and Judge Browning granted the motion on September 20, 2016. On March 31, 2017, Judge Browning denied the San Juan Regional Medical Center's motion to dismiss the nine remaining plaintiffs' IIED claims and motion for summary judgment on the plaintiffs' state law claims. Judge Browning also granted the plaintiffs' August 15, 2016 motion to remand to state court. The court found that the remaining plaintiffs' federal claims had already been dismissed, and it declined to exercise its supplemental jurisdiction over the remaining state law claims, remanding the case to the Eleventh Judicial District Court, San Juan County, New Mexico. The court explained its rationale in an October 13, 2017 memorandum opinion. 301 F.Supp.3d 992 (D.N.M. 2017). Judge Browning issued a final judgment in the case on October 27, 2017. After discovery in the district court, the case was dismissed in the state court on June 12, 2018.

Summary Authors

Nicholas Hazen (3/4/2017)

Sarah McDonald (8/4/2018)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5682497/parties/salazar-v-san-juan-county-detention-center-sjcdc/


Judge(s)

Browning, James O. (New Mexico)

Attorneys(s) for Plaintiff

Burns, Mitchel S. (New Mexico)

Childress, Ronald J. (New Mexico)

Edwards, Anna Holland (Colorado)

Grossman, Erica (Colorado)

Hatfield, Christian A. (New Mexico)

Holland, John Robert (Colorado)

Tucker, Gregory M. (New Mexico)

Yoder, Jennifer D. (Minnesota)

Attorneys(s) for Defendant

Calderon, Melissa Elise (New Mexico)

Judge(s)

Browning, James O. (New Mexico)

Attorneys(s) for Plaintiff

Burns, Mitchel S. (New Mexico)

Childress, Ronald J. (New Mexico)

Edwards, Anna Holland (Colorado)

Grossman, Erica (Colorado)

Hatfield, Christian A. (New Mexico)

Holland, John Robert (Colorado)

Tucker, Gregory M. (New Mexico)

Yoder, Jennifer D. (Minnesota)

Attorneys(s) for Defendant

Calderon, Melissa Elise (New Mexico)

Curtis, Robert J. (New Mexico)

Dailey, Elaine R. (New Mexico)

Eaton, Brett C. (New Mexico)

Fowler, Kevin D. (New Mexico)

Kelly, Ellen M. (New Mexico)

Kuhn, Kevin J. (Colorado)

Maggiore, W Ann (New Mexico)

Marcus, Lawrence M. (New Mexico)

Melendres, Paul (New Mexico)

Mowery, W. Mark (New Mexico)

Myers, Andrew J. (Florida)

Park, Alfred A. (New Mexico)

Parkhani, Urvashi (New Mexico)

Terrazas, Jessica R. (New Mexico)

Other Attorney(s)

Rael, Feliz A. (New Mexico)

Documents in the Clearinghouse

Document

1:15-cv-00417

Docket [PACER]

Dec. 27, 2017

Dec. 27, 2017

Docket
1

1:15-cv-00417

Complaint for Violation of Civil Rights and Wrongful Death

May 15, 2015

May 15, 2015

Complaint
97

1:15-cv-00417

Order Dismissing All Federal Claims Against Defendant San Juan Regional Center with Prejudice

Nov. 17, 2015

Nov. 17, 2015

Order/Opinion
174

1:15-cv-00417

Memorandum Opinion and Order

2016 WL 335447

Jan. 15, 2016

Jan. 15, 2016

Order/Opinion
249

1:15-cv-00417

Order of Partial Dismissal of Plaintiff's Claims Against Defendants

Feb. 25, 2016

Feb. 25, 2016

Order/Opinion
255

1:15-cv-00417

First Amended Complaint

Feb. 29, 2016

Feb. 29, 2016

Complaint
363

1:15-cv-00417

Memorandum Opinion and Order

2016 WL 5376320

Sept. 20, 2016

Sept. 20, 2016

Order/Opinion
382

1:15-cv-00417

Final Judgment

Sept. 30, 2016

Sept. 30, 2016

Order/Opinion
438

1:15-cv-00417

Memorandum Opinion and Order

Oct. 13, 2017

Oct. 13, 2017

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5682497/salazar-v-san-juan-county-detention-center-sjcdc/

Last updated Aug. 7, 2022, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT Complaint for Violation for Civil Rights and Wrongful Death against San Juan County Detention Center ( Filing Fee - Online Payment), filed by Olga Salazar. (Tucker, Gregory) (Entered: 05/15/2015)

May 15, 2015

May 15, 2015

RECAP

Filing and Administrative Fees Received: $ 400 receipt number 1084-4064116 re 1 Complaint filed by Olga Salazar (Payment made via Pay.gov)(Tucker, Gregory)

May 15, 2015

May 15, 2015

PACER

United States Magistrate Judge Karen B. Molzen and United States Magistrate Judge William P Lynch assigned. (ln)

May 15, 2015

May 15, 2015

PACER
2

PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Karen B. Molzen to conduct dispositive proceedings in this matter, including motions and trial. Appeal from a judgment entered by a Magistrate Judge will be to the United States Court of Appeals for the Tenth Circuit. It is the responsibility of the case filer to serve a copy of this Notice upon all parties with the summons and complaint. Consent is strictly voluntary, and a party is free to withhold consent without adverse consequences. Should a party choose to consent, notice should be made no later than 21 days after entry of the Order setting the Rule 16 Initial Scheduling Conference. For e-filers, visit our Web site at www.nmd.uscourts.gov for more information and instructions.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (ln) (Entered: 05/15/2015)

May 15, 2015

May 15, 2015

PACER
3

APPENDIX/SUPPLEMENT re 1 Complaint Civil Cover Sheet by Olga Salazar (Tucker, Gregory) (Entered: 05/19/2015)

May 19, 2015

May 19, 2015

PACER
4

APPENDIX/SUPPLEMENT re 1 Complaint AMENDED Civil Cover Sheet by Olga Salazar (Tucker, Gregory) (Entered: 05/19/2015)

May 19, 2015

May 19, 2015

PACER

Summons Issued as to All Defendants. (med)

July 9, 2015

July 9, 2015

PACER
5

NOTICE of Appearance by Ronald J. Childress on behalf of Thomas C. Havel, San Juan County, San Juan County Detention Center (Childress, Ronald) (Entered: 07/27/2015)

July 27, 2015

July 27, 2015

PACER
6

San Juan County Detention Center, San Juan County and Thomas C. Havel's ANSWER to 1 Complaint for Violation of Civil Rights and Wrongful Death by Thomas C. Havel, San Juan County, San Juan County Detention Center. Related document: 1 Complaint filed by Olga Salazar.(Childress, Ronald) (Entered: 07/27/2015)

July 27, 2015

July 27, 2015

PACER
7

DEMAND for Trial by Jury by Thomas C. Havel, San Juan County, San Juan County Detention Center (Childress, Ronald) (Entered: 07/27/2015)

July 27, 2015

July 27, 2015

PACER
8

NOTICE of Appearance by Robert J. Curtis and Ellen M. Kelly on behalf of Cindy Ketcham, Eric Ketcham, San Juan Regional Medical Center (Curtis, Robert) Modified text on 8/7/2015 (mr). (Entered: 08/06/2015)

Aug. 6, 2015

Aug. 6, 2015

PACER
9

ANSWER to 1 Complaint by San Juan Regional Medical Center. Related document: 1 Complaint filed by Olga Salazar.(Curtis, Robert) (Entered: 08/06/2015)

Aug. 6, 2015

Aug. 6, 2015

PACER
10

ANSWER to 1 Complaint by Eric Ketcham. Related document: 1 Complaint filed by Olga Salazar.(Curtis, Robert) (Entered: 08/06/2015)

Aug. 6, 2015

Aug. 6, 2015

PACER
11

ANSWER to 1 Complaint by Cindy Ketcham. Related document: 1 Complaint filed by Olga Salazar.(Curtis, Robert) (Entered: 08/06/2015)

Aug. 6, 2015

Aug. 6, 2015

PACER
12

DEMAND for Trial by Jury by Cindy Ketcham, Eric Ketcham, San Juan Regional Medical Center (Curtis, Robert) (Entered: 08/06/2015)

Aug. 6, 2015

Aug. 6, 2015

PACER
13

Corporate Disclosure Statement by San Juan Regional Medical Center (Curtis, Robert) (Entered: 08/06/2015)

Aug. 6, 2015

Aug. 6, 2015

PACER
14

ORDER by Chief Magistrate Judge Karen B. Molzen that the Clerk reassign the above-captioned case to a district judge. (KBM) (Entered: 08/07/2015)

Aug. 7, 2015

Aug. 7, 2015

RECAP
15

PLEASE TAKE NOTICE that this case has been reassigned to District Judge William P. Johnson as the trial judge. Under D.N.M.LR-Civ. 10.1, the first page of each document must have the case file number and initials of the assigned judges.Accordingly, further documents filed in this matter must bear the case number and the judges' initials shown in the case caption and the NEF for this document. Kindly reflect this change in your filings. Magistrate Judge Karen B. Molzen no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (kdh) (Entered: 08/07/2015)

Aug. 7, 2015

Aug. 7, 2015

PACER
16

SUMMONS Returned Executed by Olga Salazar. Cindy Ketcham served on 7/16/2015, answer due 8/6/2015. (Tucker, Gregory) (Entered: 08/11/2015)

Aug. 11, 2015

Aug. 11, 2015

PACER
17

SUMMONS Returned Executed by Olga Salazar. Eric Ketcham served on 7/16/2015, answer due 8/6/2015. (Tucker, Gregory) (Entered: 08/11/2015)

Aug. 11, 2015

Aug. 11, 2015

PACER
18

SUMMONS Returned Executed by Olga Salazar. Katie LNU served on 7/22/2015, answer due 8/12/2015. (Tucker, Gregory) (Entered: 08/11/2015)

Aug. 11, 2015

Aug. 11, 2015

PACER
19

SUMMONS Returned Executed by Olga Salazar. San Juan County served on 7/16/2015, answer due 8/6/2015. (Tucker, Gregory) (Entered: 08/11/2015)

Aug. 11, 2015

Aug. 11, 2015

PACER
20

SUMMONS Returned Executed by Olga Salazar. San Juan Regional Medical Center served on 7/16/2015, answer due 8/6/2015. (Tucker, Gregory) (Entered: 08/11/2015)

Aug. 11, 2015

Aug. 11, 2015

PACER
21

SUMMONS Returned Executed by Olga Salazar. Thomas C. Havel served on 7/16/2015, answer due 8/6/2015. (Tucker, Gregory) (Entered: 08/11/2015)

Aug. 11, 2015

Aug. 11, 2015

PACER
22

SUMMONS Returned Executed by Olga Salazar. San Juan County Detention Center served on 7/16/2015, answer due 8/6/2015. (Tucker, Gregory) (Entered: 08/11/2015)

Aug. 11, 2015

Aug. 11, 2015

PACER
23

MOTION to Consolidate Cases Pursuant to Fed.R.Civ.P. 42(a) by Cindy Ketcham, Eric Ketcham, San Juan Regional Medical Center. (Curtis, Robert) (Entered: 08/11/2015)

Aug. 11, 2015

Aug. 11, 2015

PACER
24

NOTICE of Appearance by W Ann Maggiore on behalf of Katie LNU (Maggiore, W) (Entered: 08/12/2015)

Aug. 12, 2015

Aug. 12, 2015

PACER
25

ANSWER to 1 Complaint with Jury Demand by Katie LNU. Related document: 1 Complaint filed by Olga Salazar.(Maggiore, W) (Entered: 08/12/2015)

Aug. 12, 2015

Aug. 12, 2015

PACER
26

NOTICE by Katie LNU Notice of Non-Availability from 12/23-1/4/16, 1/11-1/15/16 (Maggiore, W) Modified text on 8/14/2015 (kg). (Entered: 08/13/2015)

Aug. 13, 2015

Aug. 13, 2015

PACER
27

INITIAL SCHEDULING ORDER by Magistrate Judge William P. Lynch: Joint Status Report due by 9/29/2015. Scheduling Conference set for 10/6/2015 at 01:30 PM in Albuquerque - Telephonic Hearing/Conference before Magistrate Judge William P. Lynch. (ran) (Entered: 08/14/2015)

Aug. 14, 2015

Aug. 14, 2015

PACER
28

MEMORANDUM OPINION AND ORDER by District Judge William P. Johnson denying 23 MOTION to Consolidate Cases Pursuant to Fed.R.Civ.P. 42(a) filed by Cindy Ketcham, Eric Ketcham, San Juan Regional Medical Center. (rwg) (Entered: 08/14/2015)

Aug. 14, 2015

Aug. 14, 2015

RECAP
29

PLEASE TAKE NOTICE that this case has been reassigned to Magistrate Judge Steven C. Yarbrough as the pretrial judge. Under D.N.M.LR-Civ. 10.1, the first page of each document must have the case file number and initials of the assigned judges.Accordingly, further documents filed in this matter must bear the case number and the judges' initials shown in the case caption and the NEF for this document. Kindly reflect this change in your filings. Magistrate Judge William P Lynch no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (med) (Entered: 08/18/2015)

Aug. 18, 2015

Aug. 18, 2015

PACER
30

ORDER by Magistrate Judge William P. Lynch: The Initial Scheduling Conference set for 10/6/2015 is hereby VACATED. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (ran) (Entered: 08/19/2015)

Aug. 19, 2015

Aug. 19, 2015

PACER
31

INITIAL SCHEDULING ORDER: by Magistrate Judge Steven C. Yarbrough Rule 16(c) Hearing set for 10/6/2015 at 01:30 PM in Albuquerque - Telephonic Hearing/Conference before Magistrate Judge Steven C. Yarbrough. The parties shall call Judge Yarbrough's Meet Me line at 505-348-2277 to connect to the proceedings. Joint Status Report due by 9/22/2015. (rlk) (Entered: 08/20/2015)

Aug. 20, 2015

Aug. 20, 2015

PACER
32

ORDER by District Judge William P. Johnson consolidating cases and transferring to United States District Judge James O. Browning for all discovery, pre-trial and trial purposes AS FURTHER DESCRIBED HEREIN.(mag) (Entered: 08/24/2015)

Aug. 24, 2015

Aug. 24, 2015

PACER
33

PLEASE TAKE NOTICE that this case has been reassigned to District Judge James O. Browning as the trial judge. Under D.N.M.LR-Civ. 10.1, the first page of each document must have the case file number and initials of the assigned judges.Accordingly, further documents filed in this matter must bear the case number and the judges' initials shown in the case caption and the NEF for this document. Kindly reflect this change in your filings. District Judge William P. Johnson no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (ln) (Entered: 08/24/2015)

Aug. 24, 2015

Aug. 24, 2015

PACER
34

ORDER re 31 Initial Scheduling Order by Magistrate Judge Steven C. Yarbrough. The Initial Scheduling Order is hereby VACATED. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (rlk) (Entered: 08/25/2015)

Aug. 25, 2015

Aug. 25, 2015

PACER
35

PLEASE TAKE NOTICE that this case has been reassigned to Magistrate Judge Laura Fashing as the pretrial judge. Under D.N.M.LR-Civ. 10.1, the first page of each document must have the case file number and initials of the assigned judges.Accordingly, further documents filed in this matter must bear the case number and the judges' initials shown in the case caption and the NEF for this document. Kindly reflect this change in your filings. Magistrate Judge Steven C. Yarbrough no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (kdh) (Entered: 09/08/2015)

Sept. 4, 2015

Sept. 4, 2015

PACER
36

CERTIFICATE OF SERVICE by San Juan Regional Medical Center Discovery Responses to Plaintiffs' First Requests for Production (Curtis, Robert) (Entered: 09/08/2015)

Sept. 8, 2015

Sept. 8, 2015

PACER
37

MOTION for Summary Judgment at to Plaintiff Seve Valerio's Claims by Correctional Healthcare Companies Inc.. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit)(Park, Alfred) (Entered: 09/11/2015)

Sept. 11, 2015

Sept. 11, 2015

PACER
38

STIPULATION of Dismissal of Plaintiffs Eaton, Gould, Hinojos, McDonald, Parrish and A. Martinez' Claims against CHC by Correctional Healthcare Companies Inc. (Park, Alfred) (Entered: 09/11/2015)

Sept. 11, 2015

Sept. 11, 2015

PACER
39

NOTICE of Status Conference scheduled for 9/24/2015 at 10:00 AM in Albuquerque - 460 Vermejo Courtroom before District Judge James O. Browning. (kw)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 09/15/2015)

Sept. 15, 2015

Sept. 15, 2015

PACER
40

INITIAL SCHEDULING ORDER by District Judge James O. Browning scheduling the Initial Scheduling Conference for 9/24/2015 at 10:00 AM in Albuquerque - 460 Vermejo Courtroom before District Judge James O. Browning. JSR/PDD due 9/23/2015.(kw) (Entered: 09/15/2015)

Sept. 15, 2015

Sept. 15, 2015

PACER
41

STIPULATION of Dismissal as to Plaintiffs Finch, Gutierrez, Marquez, R. Martinez & Tso against Correctional Healthcare Companies, Inc. by Correctional Healthcare Companies Inc. (Park, Alfred) (Entered: 09/22/2015)

Sept. 22, 2015

Sept. 22, 2015

PACER
42

NOTICE of Appearance by Brett C Eaton on behalf of Katie LNU (Eaton, Brett) (Entered: 09/23/2015)

Sept. 23, 2015

Sept. 23, 2015

PACER
43

Joint Status Report and Provisional Discovery Plan by Correctional Healthcare Companies Inc. (Marcus, Lawrence) (Entered: 09/23/2015)

Sept. 23, 2015

Sept. 23, 2015

PACER
44

NOTICE of Appearance by Gregory M Tucker on behalf of All Plaintiffs (Tucker, Gregory) (Entered: 09/25/2015)

Sept. 25, 2015

Sept. 25, 2015

PACER
45

CERTIFICATE OF SERVICE by Jesse Berkey, Earl Callahan, Charles Carter, Calvin Finch, Mark Hinojos, David Page, Clifford Rogers, Jason Trujillo of answers to first set of interrogatories and responses to first request for production (Burns, Mitchel) Modified text on 9/25/2015 (dmw). (Entered: 09/25/2015)

Sept. 25, 2015

Sept. 25, 2015

PACER
46

STIPULATED ORDER by District Judge James O. Browning of Dismissal for Claims of Plaintiffs Eaton, Gould, Hinojos, McDonald, Parrish and A. Martinez Against Correctional Healthcare Companies, Inc. 38 (dmw) (Entered: 09/25/2015)

Sept. 25, 2015

Sept. 25, 2015

PACER
47

STIPULATED ORDER by District Judge James O. Browning of Dismissal for Claims of Plaintiffs Finch, Gutierrez, Marquez, R. Martinez and Tso Against Correctgional Healthcare Companies, Inc. 41 (dmw) (Entered: 09/25/2015)

Sept. 25, 2015

Sept. 25, 2015

PACER
48

First MOTION for Injunctive Relief by Jesse Berkey, Earl Callahan, Lariet Charles, Gordon Douglas Derrick, Aaron Eaton, Calvin Finch, Paul Gould, Joseph Gutierrez, Mark Hinojos, Thomas Knight, Aurelio Marquez, Angelo Martinez, Mark Martinez, Rudy Martinez, Victoria Martinez, Paul Matamoros, Richard McDonald, Debbie Nez, David Page, Steve Parrish, Clifford Rogers, Adam Schuessler, Jason Trujillo, Franklin Tso, Steve Valerio, Jimmy Weahkee, Harry Williams. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Hatfield, Christian) Modified text on 9/28/2015 (dmw). (Entered: 09/28/2015)

Sept. 28, 2015

Sept. 28, 2015

PACER
49

Amendment of ANSWER to Complaint by Interlineation by Presbyterian Medical Services. Related document: 1 Complaint filed by Olga Salazar.(Mowery, W.) Modified on 9/30/2015 (dmw). (Entered: 09/30/2015)

Sept. 30, 2015

Sept. 30, 2015

PACER
50

CERTIFICATE OF SERVICE by Jesse Berkey, Earl Callahan, Lariet Charles, Gordon Douglas Derrick, Aaron Eaton, Calvin Finch, Paul Gould, Joseph Gutierrez, Mark Hinojos, Thomas Knight, Aurelio Marquez, Angelo Martinez, Mark Martinez, Rudy Martinez, Victoria Martinez, Paul Matamoros, Richard McDonald, Debbie Nez, David Page, Steve Parrish, Clifford Rogers, Adam Schuessler, Jason Trujillo, Franklin Tso, Steve Valerio, Jimmy Weahkee, Harry Williams of amended initial disclosures (Burns, Mitchel) Modified text on 9/30/2015 (dmw). (Entered: 09/30/2015)

Sept. 30, 2015

Sept. 30, 2015

PACER
51

SCHEDULING ORDER by District Judge James O. Browning(dmw) (Entered: 10/01/2015)

Oct. 1, 2015

Oct. 1, 2015

PACER
52

ORDER ADOPTING JOINT STATUS REPORT AND PROVISIONAL DISCOVERY PLAN 43 by District Judge James O. Browning (dmw) (Entered: 10/01/2015)

Oct. 1, 2015

Oct. 1, 2015

PACER
53

CERTIFICATE OF SERVICE by Thomas C. Havel, San Juan County Detention Center Rule 26 (a) (1) Initial Disclosures (Childress, Ronald) (Entered: 10/02/2015)

Oct. 2, 2015

Oct. 2, 2015

PACER
54

CERTIFICATE OF SERVICE by Cindy Ketcham, Eric Ketcham, San Juan Regional Medical Center re Initial Disclosures (Curtis, Robert) (Entered: 10/05/2015)

Oct. 5, 2015

Oct. 5, 2015

PACER
55

CERTIFICATE OF SERVICE by Katie Moore for Initial Disclosures (Eaton, Brett) (Entered: 10/06/2015)

Oct. 6, 2015

Oct. 6, 2015

PACER
56

CERTIFICATE OF SERVICE by Correctional Healthcare Companies Inc. Initial Disclosures (Marcus, Lawrence) (Entered: 10/06/2015)

Oct. 6, 2015

Oct. 6, 2015

PACER
57

CERTIFICATE OF SERVICE by Jesse Berkey, Lariet Charles, Aaron Eaton, Calvin Finch, Victoria Martinez of answers and responses to firste set of interrogatories and request for production of documents (Hatfield, Christian) Modified text on 10/8/2015 (dmw). (Entered: 10/08/2015)

Oct. 8, 2015

Oct. 8, 2015

PACER
58

STIPULATION of Dismissal by Plaintiff's Valerio and Nez by Correctional Healthcare Companies Inc. (Park, Alfred) (Entered: 10/12/2015)

Oct. 12, 2015

Oct. 12, 2015

PACER
59

CERTIFICATE OF SERVICE by David Page, Clifford Rogers First Set of Interrogatories and Responses to First Request for Production of Documents (Hatfield, Christian) Modified text on 10/14/2015 (kg). (Entered: 10/13/2015)

Oct. 13, 2015

Oct. 13, 2015

PACER
60

"FILED IN ERROR" wrong document attached, will refile. STIPULATION of Dismissal of Plaintiff Valerio's Claims against SJRMC in Case No. 1:15-cv-00439 by San Juan Regional Medical Center (Curtis, Robert) Modified text on 10/13/2015 (bap). (Entered: 10/13/2015)

Oct. 13, 2015

Oct. 13, 2015

PACER
61

STIPULATION of Dismissal of Plaintiff McDonald's Claims against SJRMC in Case No. 1:15-cv-00439 by San Juan Regional Medical Center (Curtis, Robert) (Entered: 10/13/2015)

Oct. 13, 2015

Oct. 13, 2015

PACER
62

STIPULATION of Dismissal of Plaintiff Derrick's Claims against SJRMC in Case No. 1:15-cv-00439 by San Juan Regional Medical Center (Curtis, Robert) (Entered: 10/13/2015)

Oct. 13, 2015

Oct. 13, 2015

PACER
63

STIPULATION of Dismissal of Plaintiff Nez's Claims against SJRMC in Case No. 1:15-cv-00439 by San Juan Regional Medical Center (Curtis, Robert) (Entered: 10/13/2015)

Oct. 13, 2015

Oct. 13, 2015

PACER
64

STIPULATION of Dismissal of Plaintiff Knight's Claims against SJRMC in Case No. 1:15-cv-00439 by San Juan Regional Medical Center (Curtis, Robert) (Entered: 10/13/2015)

Oct. 13, 2015

Oct. 13, 2015

PACER
65

NOTICE by San Juan County Detention Center of Agreed Extension of Time to Respond to Plaintiffs' Motion for Injunctive Relief Against San Juan County Detention Center (Childress, Ronald) (Entered: 10/13/2015)

Oct. 13, 2015

Oct. 13, 2015

PACER
66

STIPULATION of Dismissal of Plaintiff Valerio's Claims against SJRMC in Case No. 1:15-cv-00439 by San Juan Regional Medical Center (Curtis, Robert) (Entered: 10/13/2015)

Oct. 13, 2015

Oct. 13, 2015

PACER
67

CERTIFICATE OF SERVICE by Charles Carter, Corey Jones, Olga Salazar Plaintiffs' Initial Disclosures (Burns, Mitchel) Modified text on 10/15/2015 (kg). (Entered: 10/14/2015)

Oct. 14, 2015

Oct. 14, 2015

PACER
68

NOTICE of Status Conference scheduled for 11/24/2015 at 10:00 AM in Albuquerque - 460 Vermejo Courtroom before District Judge James O. Browning. (kw)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 10/14/2015)

Oct. 14, 2015

Oct. 14, 2015

PACER
69

STIPULATION of Dismissal of Plaintiff Victoria Martinez's Claims against SJRMC in Case No. 1:15-cv-00439 by San Juan Regional Medical Center (Curtis, Robert) (Entered: 10/14/2015)

Oct. 14, 2015

Oct. 14, 2015

PACER
70

MOTION to Dismiss All Federal Claims Against SJRMC in Case No. 1:15-cv-00439 JB-LF by San Juan Regional Medical Center. (Attachments: # 1 Exhibit A)(Curtis, Robert) (Entered: 10/15/2015)

Oct. 15, 2015

Oct. 15, 2015

PACER
71

STIPULATED ORDER OF DISMISSAL by District Judge James O. Browning for claims of Plaintiffs Valerio and Nez Against Correctional Healthcare Companies Inc. (CHC) without prejudice. (kg) (Entered: 10/16/2015)

Oct. 16, 2015

Oct. 16, 2015

PACER
72

CERTIFICATE OF SERVICE by San Juan Regional Medical Center First Supplemental Response to Plaintiffs First Request for Production in Berkey Case No. 1:15-cv-439 (Curtis, Robert) Modified abbreviations on 10/22/2015 (dmw). (Entered: 10/22/2015)

Oct. 22, 2015

Oct. 22, 2015

PACER
73

RESPONSE to Motion re 48 First MOTION Injunctive Relief filed by Thomas C. Havel, San Juan County, San Juan County Detention Center. (Attachments: # 1 Exhibit Hospital records 8/28, # 2 Exhibit Hospital Records 9/24, # 3 Exhibit Records/Neuro, # 4 Exhibit Helath Requests, # 5 Exhibit Dr. Order Sheets, # 6 Exhibit Progress Notes, # 7 Affidavit Galloway, # 8 Exhibit Spread Sheet)(Childress, Ronald) (Entered: 10/26/2015)

Oct. 26, 2015

Oct. 26, 2015

PACER
74

STIPULATION of Dismissal Stipulation of Dismissal with prejudice by Gordon Douglas Derrick, Aaron Eaton, Thomas Knight, Aurelio Marquez, Angelo Martinez, Victoria Martinez, Paul Matamoros, Richard McDonald, Debbie Nez, Steve Parrish, Steve Valerio, Jimmy Weahkee, Harry Williams (Burns, Mitchel) (Entered: 10/26/2015)

Oct. 26, 2015

Oct. 26, 2015

PACER
75

STIPULATION of Dismissal Stipulation of Dismissal without prejudice by Earl Callahan, Calvin Finch, Joseph Gutierrez, Clifford Rogers (Burns, Mitchel) (Entered: 10/26/2015)

Oct. 26, 2015

Oct. 26, 2015

PACER
76

STIPULATION of Dismissal Stipulation of Dismissal without prejudice by Jesse Berkey (Burns, Mitchel) (Entered: 10/26/2015)

Oct. 26, 2015

Oct. 26, 2015

PACER
77

MOTION to Compel Discovery Responses from Plaintiff Mark Martinez by Presbyterian Medical Services. (Mowery, W.) (Entered: 10/27/2015)

Oct. 27, 2015

Oct. 27, 2015

PACER
78

ERRATA re 73 Response to Motion, For Injunctive Relief by Thomas C. Havel, San Juan County, San Juan County Detention Center (Attachments: # 1 Errata Affidavit)(Childress, Ronald) (Entered: 10/28/2015)

Oct. 28, 2015

Oct. 28, 2015

PACER
79

CERTIFICATE OF SERVICE by Gordon Douglas Derrick, Joseph Gutierrez, Aurelio Marquez, Mark Martinez, Paul Matamoros, Debbie Nez, Steve Parrish, Jason Trujillo Certificate of Service (Hatfield, Christian) (Entered: 10/28/2015)

Oct. 28, 2015

Oct. 28, 2015

PACER
80

STIPULATION of Dismissal Stipulation of Dismissal with prejudice by Paul Gould, Rudy Martinez, Adam Schuessler, Franklin Tso (Burns, Mitchel) (Entered: 11/04/2015)

Nov. 4, 2015

Nov. 4, 2015

PACER
81

NOTICE of Briefing Complete by San Juan Regional Medical Center re 70 MOTION to Dismiss All Federal Claims Against SJRMC in Case No. 1:15-cv-00439 JB-LF filed by San Juan Regional Medical Center (Kelly, Ellen) (Entered: 11/04/2015)

Nov. 4, 2015

Nov. 4, 2015

PACER
82

RESPONSE to Motion re 70 MOTION to Dismiss All Federal Claims Against SJRMC in Case No. 1:15-cv-00439 JB-LF Response to Motion to Dismiss filed by Jesse Berkey, Earl Callahan, Lariet Charles, Gordon Douglas Derrick, Aaron Eaton, Calvin Finch, Paul Gould, Joseph Gutierrez, Mark Hinojos, Thomas Knight, Aurelio Marquez, Angelo Martinez, Mark Martinez, Rudy Martinez, Victoria Martinez, Paul Matamoros, Richard McDonald, Debbie Nez, David Page, Steve Parrish, Clifford Rogers, Adam Schuessler, Jason Trujillo, Franklin Tso, Steve Valerio, Jimmy Weahkee, Harry Williams. (Tucker, Gregory) (Entered: 11/06/2015)

Nov. 6, 2015

Nov. 6, 2015

PACER
83

CERTIFICATE OF SERVICE by Mark Hinojos, Thomas Knight, Steve Valerio of answers and responses to first set of interrogatories and first request for production of documents (Hatfield, Christian) Modified text on 11/6/2015 (dmw). (Entered: 11/06/2015)

Nov. 6, 2015

Nov. 6, 2015

PACER
84

RESPONSE to Motion re 77 MOTION to Compel Discovery Responses from Plaintiff Mark Martinez filed by Mark Martinez. (Burns, Mitchel) Modified text on 11/9/2015 (dmw). (Entered: 11/09/2015)

Nov. 9, 2015

Nov. 9, 2015

PACER
85

CERTIFICATE OF SERVICE by Earl Callahan, Angelo Martinez, Franklin Tso of First Set of Interrogatories and Responses to First Request for Production of Documents (Hatfield, Christian) Modified text on 11/12/2015 (bap). (Entered: 11/11/2015)

Nov. 11, 2015

Nov. 11, 2015

PACER
86

CERTIFICATE OF SERVICE by Correctional Healthcare Companies Inc. Second Set of Interrogatories to Plaintiff Gordon Douglas Derrick (Park, Alfred) (Entered: 11/12/2015)

Nov. 12, 2015

Nov. 12, 2015

PACER
87

NOTICE of motion hearing regarding 1) Correctional Healthcare Companies, Inc.'s Motion for Summary Judgment as to Plaintiff Steve Valerio's Claims 37 ; 2) Plaintiffs' Motion for Injunctive Relief Against Defendant San Juan County Detention Center 48 ; 3) Defendant San Juan Regional Medical Center's Motion to Dismiss All Federal Claims Against It 70 ; and 4) Defendant Presbyterian Medical Services' Motion to Compel Discovery Responses From Plaintiff Mark Martinez 77 scheduled for 11/24/2015 at 10:00 AM in Albuquerque - 460 Vermejo Courtroom before District Judge James O. Browning. (kw)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 11/12/2015)

Nov. 12, 2015

Nov. 12, 2015

PACER
88

NOTICE OF WITHDRAWAL OF DOCUMENT as to document 37 Motion for Summary Judgment, by Correctional Healthcare Companies Inc. (Park, Alfred) (Entered: 11/12/2015)

Nov. 12, 2015

Nov. 12, 2015

PACER
89

STIPULATION of Dismissal Of Claims Of Plaintiffs Nez and Weakhee Against San Juan County, San Juan County Detention Center, and Thomas Havel by Thomas C. Havel, San Juan County, San Juan County Detention Center (Childress, Ronald) (Entered: 11/12/2015)

Nov. 12, 2015

Nov. 12, 2015

PACER
90

NOTICE of Briefing Complete by San Juan Regional Medical Center re 70 MOTION to Dismiss All Federal Claims Against SJRMC in Case No. 1:15-cv-00439 JB-LF filed by San Juan Regional Medical Center (Curtis, Robert) (Entered: 11/12/2015)

Nov. 12, 2015

Nov. 12, 2015

PACER
91

CERTIFICATE OF SERVICE by San Juan Regional Medical Center First Interrogatories, Admissions and Requests for Production to Plaintiff Jesse Berkey (Curtis, Robert) Modified abbreviation on 11/13/2015 (dmw). (Entered: 11/13/2015)

Nov. 13, 2015

Nov. 13, 2015

PACER
92

CERTIFICATE OF SERVICE by San Juan Regional Medical Center First Interrogatories and Admissions to Plaintiff Earl Callahan (Curtis, Robert) Modified abbreviation on 11/13/2015 (dmw). (Entered: 11/13/2015)

Nov. 13, 2015

Nov. 13, 2015

PACER
93

CERTIFICATE OF SERVICE by San Juan Regional Medical Center First Interrogatories, Admissions and Requests for Production to Plaintiff Mark Hinojos (Curtis, Robert) Modified abbreviation on 11/13/2015 (dmw). (Entered: 11/13/2015)

Nov. 13, 2015

Nov. 13, 2015

PACER
94

CERTIFICATE OF SERVICE by San Juan Regional Medical Center First Interrogatories and Admissions to Plaintiff Mark Martinez (Curtis, Robert) Modified abbreviation on 11/16/2015 (dmw). (Entered: 11/13/2015)

Nov. 13, 2015

Nov. 13, 2015

PACER
95

STIPULATION of Dismissal Of Claims Of Plaintiffs Paul Gould, Rudy Martinez, Richard McDonald, Adam Schuessler, and Harry Williams Against San Juan County, San Juan County Detention Center, and Thomas Havel by Thomas C. Havel, San Juan County, San Juan County Detention Center (Childress, Ronald) (Entered: 11/16/2015)

Nov. 16, 2015

Nov. 16, 2015

PACER
96

REPLY in Support re 77 MOTION to Compel Discovery Responses from Plaintiff Mark Martinez filed by Presbyterian Medical Services. (Mowery, W.) Modified text on 11/18/2015 (dmw). (Entered: 11/17/2015)

Nov. 17, 2015

Nov. 17, 2015

PACER
97

ORDER by District Judge James O. Browning granting 70 Motion to Dismiss All Federal Claims against San Juan Regional Center With Prejudice in 1:15-CV-00439 JB/LF (dmw) (Entered: 11/17/2015)

Nov. 17, 2015

Nov. 17, 2015

PACER

Case Details

State / Territory: New Mexico

Case Type(s):

Jail Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: May 15, 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are prisoners and deceased prisoners at the San Juan County Detention Center ("SJCDC").

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

San Juan County Detention Center (San Juan), 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

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Preliminary relief denied

Issues

General:

Conditions of confinement

Personal injury

Staff (number, training, qualifications, wages)

Disability:

disability, unspecified

Medical/Mental Health:

Medical care, general

Type of Facility:

Government-run