Case: Disability Law Center v. State of Utah

2:15-cv-00645 | U.S. District Court for the District of Utah

Filed Date: Sept. 8, 2015

Case Ongoing

Clearinghouse coding complete

Case Summary

On September 8, 2015, the Disability Law Center, a non-profit organization that advocates on behalf of individuals with disabilities, and three individuals who were charged with criminal offenses but declared incompetent to stand trial, filed this class-action lawsuit in the U.S. District Court for the District of Utah. The plaintiffs sued Utah, the Utah Department of Human Services, the Utah Division of Substance Abuse and Mental Health, and the Utah State Hospital, under 42 U.S.C. §1983. Rep…

On September 8, 2015, the Disability Law Center, a non-profit organization that advocates on behalf of individuals with disabilities, and three individuals who were charged with criminal offenses but declared incompetent to stand trial, filed this class-action lawsuit in the U.S. District Court for the District of Utah. The plaintiffs sued Utah, the Utah Department of Human Services, the Utah Division of Substance Abuse and Mental Health, and the Utah State Hospital, under 42 U.S.C. §1983. Represented by Disability Law Center attorneys and private counsel, the plaintiffs sought declaratory and injunctive relief, claiming that the state violated their rights under Article I Section 7 of the United States Constitution, the Fourteenth Amendment to the Constitution, and parallel provisions in the Utah Constitution.

Specifically, they alleged that criminal defendants who were declared incompetent in Utah were forced to wait for an average of 6 months in county jails, without appropriate treatment, before they could receive competency restoration treatment (each named plaintiff had waited in a county jail for 5 to 6 months). This was because the Utah State Hospital, the only facility in Utah authorized to provide competency services, was past its capacity. Criminal defendants in jail while awaiting treatment were often placed in protective custody or solitary confinement.

The state moved to dismiss the complaint on October 30, 2015. On April 7, 2016, District Judge Robert J. Shelby denied the state’s motion to dismiss, holding that a pretrial detention amounted to punishment and thus violated the plaintiffs’ substantive due process rights when their detention was not reasonably related to a government interest. 180 F. Supp. 3d 998.

On September 17, 2015, the plaintiffs sought to certify a class. A year later, on September 27, 2016, the court granted certification, defining the class as: “All individuals who are now, or will be in the future,

  1. charged with a crime in Utah,
  2. are determined by the court in which they are charged to be mentally incompetent to stand trial, and
  3. are ordered to the custody of the executive director of [DHS] or a designee for the purpose of treatment intended to restore the defendant to competency but remain housed in a Utah county jail.”
The state sought permission to appeal the class certification; the Tenth Circuit denied the request in November 2016.

Having reached a settlement agreement, the parties moved on June 12, 2017 for the court to approve their agreement. It was approved on July 12, 2017, with Dr. Patrick Fox appointed as monitor. The state agreed to transmit a monthly status report to the monitor and to the Disability Law Center; to conduct a screening of every mentally incompetent criminal defendant within 72 hours after the Department of Human Services received a custody order; to gradually reduce the maximum allowable wait time to 14 days by March 31, 2019; to establish offsite forensic facilities for treatment outside of the Utah State Hospital; and to implement an outreach program to treat class members housed in detention facilities. The court retained jurisdiction over the implementation and enforcement of this agreement for 5 years, with monitoring to continue until July 12, 2022. Each party agreed to bear their own litigation costs.

As of July 2020, monitoring continues.

Summary Authors

Chiaki Nojiri (2/1/2019)

Gregory Marsh (7/5/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5207779/parties/disability-law-center-v-state-of-utah/


Judge(s)

Shelby, Robert James (Utah)

Attorneys(s) for Plaintiff

Evans, Bret R. (Utah)

Fields, Jared C. (Utah)

Kinikini, Aaron M. (Utah)

Sullivan, Alan L. (Utah)

Attorneys(s) for Defendant

Douglas, Parker (Utah)

Green, Tyler R. (Utah)

Thompson, Laura K. (Utah)

Wolf, David N (Utah)

Judge(s)

Shelby, Robert James (Utah)

Attorneys(s) for Plaintiff

Evans, Bret R. (Utah)

Fields, Jared C. (Utah)

Kinikini, Aaron M. (Utah)

Sullivan, Alan L. (Utah)

Attorneys(s) for Defendant

Douglas, Parker (Utah)

Green, Tyler R. (Utah)

Thompson, Laura K. (Utah)

Wolf, David N (Utah)

Documents in the Clearinghouse

Document

Docket

Sept. 25, 2017 Docket
2

Complaint

2015 WL 5258692

Sept. 8, 2015 Complaint
51

Memorandum Decision and Order

180 F.Supp.3d 998

April 7, 2016 Order/Opinion
71

Memorandum Decision and Order

2016 WL 5396681

Sept. 27, 2016 Order/Opinion
85

Joint MOTION Appointment of Monitor , Joint MOTION for Settlement Approval of Settlement Agreement, Joint MOTION to Stay Proceedings filed by Plaintiffs S. B., Disability Law Center, A. U., S. W.

June 12, 2017 Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5207779/disability-law-center-v-state-of-utah/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

Case has been indexed and assigned to Judge Robert J. Shelby. Plaintiffs S. B., Disability Law Center, A. U., S. W. is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $400.00 by the end of the business day.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. Civil Summons may be issued electronically. Prepare the summons using the courts PDF version and email it to utdecf_clerk@utd.uscourts.gov for issuance. (bdr) (Entered: 09/08/2015)

Sept. 8, 2015 PACER
2

COMPLAINT 42 U.S.C. Section 1983 Complaint for Declaratory and Injunctive Relief against All Defendants (Filing fee $ 400, receipt number 1088-2336178), filed by S. B., Disability Law Center, A. U., S. W.. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet) Assigned to Judge Robert J. Shelby (Fields, Jared) Modified by adding the correct receipt number on 9/8/2015 (bdr). (Entered: 09/08/2015)

1 Civil Cover Sheet Civil Cover Sheet

View on PACER

Sept. 8, 2015 RECAP
3

NOTICE of Appearance by Parker Douglas on behalf of All Defendants (Douglas, Parker) (Entered: 09/09/2015)

Sept. 9, 2015 PACER
4

**RESTRICTED DOCUMENT**Summons Issued Electronically as to Ann Williamson. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (mms) (Entered: 09/09/2015)

Sept. 9, 2015 PACER
5

**RESTRICTED DOCUMENT**Summons Issued Electronically as to Utah Department of Human Services. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (mms) (Entered: 09/09/2015)

Sept. 9, 2015 PACER
6

**RESTRICTED DOCUMENT**Summons Issued Electronically as to Utah Department of Human Services. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (mms) (Entered: 09/09/2015)

Sept. 9, 2015 PACER
7

**RESTRICTED DOCUMENT**Summons Issued Electronically as to Dallas Earnshaw. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (mms) (Entered: 09/09/2015)

Sept. 9, 2015 PACER
8

**RESTRICTED DOCUMENT**Summons Issued Electronically as to Utah Division of Substance Abuse and Mental Health. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (mms) (Entered: 09/09/2015)

Sept. 9, 2015 PACER
9

**RESTRICTED DOCUMENT**Summons Issued Electronically as to State of Utah. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (mms) (Entered: 09/09/2015)

Sept. 9, 2015 PACER
10

**RESTRICTED DOCUMENT**Summons Issued Electronically as to Utah State Hospital. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (mms) (Entered: 09/09/2015)

Sept. 9, 2015 PACER
11

NOTICE of Appearance by Tyler R. Green on behalf of All Defendants (Green, Tyler) (Entered: 09/09/2015)

Sept. 9, 2015 PACER
12

NOTICE of Appearance by Laura K. Thompson on behalf of All Defendants (Thompson, Laura) (Entered: 09/10/2015)

Sept. 10, 2015 PACER
13

**RESTRICTED DOCUMENT**Summons Issued Electronically as to Douglas Thomas. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (bdr) (Entered: 09/10/2015)

Sept. 10, 2015 PACER
14

DOCKET TEXT ORDER The court orders the parties to follow the Short Form Discovery Motion procedure as outlined in the attached document in this case for all discovery disputes arising after this date. Signed by Judge Robert J. Shelby on 9/14/2015. (mjm) (Entered: 09/14/2015)

Sept. 14, 2015 PACER
15

ACKNOWLEDGMENT OF SERVICE Executed as to 2 Complaint, 9 Summons Issued Electronically, 7 Summons Issued Electronically, 13 Summons Issued Electronically, 4 Summons Issued Electronically, 8 Summons Issued Electronically, 10 Summons Issued Electronically, 5 Summons Issued Electronically, Acknowledgment filed by S. B., Disability Law Center, A. U., S. W.. All Defendants. (Fields, Jared) (Entered: 09/14/2015)

Sept. 14, 2015 PACER
16

NOTICE of Appearance by David N. Wolf on behalf of All Defendants (Wolf, David) (Entered: 09/15/2015)

Sept. 15, 2015 PACER
17

ORDER REFERRING CASE to Magistrate Judge Brooke C. Wells under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge Robert J. Shelby on 9/17/2015. (jds) (Entered: 09/17/2015)

Sept. 17, 2015 PACER
18

Plaintiff's MOTION to Certify Class and Memorandum in Support and to Appoint Class Counsel filed by Plaintiffs S. B., Disability Law Center, A. U., S. W.. (Fields, Jared) (Entered: 09/17/2015)

Sept. 17, 2015 PACER
19

AFFIDAVIT/DECLARATION of 18 in Support re 18 Plaintiff's MOTION to Certify Class and Memorandum in Support and to Appoint Class Counsel of Erin Sullivan filed by Plaintiffs S. B., Disability Law Center, A. U., S. W.. (Fields, Jared) (Entered: 09/17/2015)

Sept. 17, 2015 PACER
20

AFFIDAVIT/DECLARATION of Jared C. Fields in Support re 18 Plaintiff's MOTION to Certify Class and Memorandum in Support and to Appoint Class Counsel filed by Plaintiffs S. B., Disability Law Center, A. U., S. W.. (Fields, Jared) (Entered: 09/17/2015)

Sept. 17, 2015 PACER
21

Ex Parte (Not Sealed) MOTION for Leave to File Under Seal Exhibits to Declaration of Erin Sullivan filed by Plaintiffs S. B., Disability Law Center, A. U., S. W.. (Attachments: # 1 Text of Proposed Order Proposed Order) Motions referred to Brooke C. Wells.(Fields, Jared) (Entered: 09/17/2015)

Sept. 17, 2015 PACER
22

ORDER granting 21 Ex Parte (Not Sealed) Motion for Leave to File Under Seal Exhibits to Declaration of Erin Sullivan. Signed by Magistrate Judge Brooke C. Wells on 9/18/2015. (jds) (Entered: 09/18/2015)

Sept. 18, 2015 PACER
23

NOTICE OF CONVENTIONAL FILING of Sealed Exhibits to Declaration of Erin Sullivan filed by Plaintiffs S. B., Disability Law Center, A. U., S. W. re 19 Affidavit/Declaration in Support of Motion, (Fields, Jared) (Entered: 09/18/2015)

Sept. 18, 2015 PACER
24

MOTION for Extension of Time to File Answer and Memorandum in Support re 2 COMPLAINT filed by Defendants Dallas Earnshaw, State of Utah, Douglas Thomas, Utah Department of Human Services, Utah Division of Substance Abuse and Mental Health, Utah State Hospital, Ann Williamson. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Douglas, Parker) Modified docket entry relationship on 9/22/2015 (jds). (Entered: 09/22/2015)

Sept. 22, 2015 PACER
25

ORDER granting 24 Motion for Extension of Time to Answer re 2 Complaint. Answer deadline updated for Dallas Earnshaw answer due 10/19/2015; State of Utah answer due 10/19/2015; Douglas Thomas answer due 10/19/2015; Utah Department of Human Services answer due 10/19/2015; Utah Division of Substance Abuse and Mental Health answer due 10/19/2015; Utah State Hospital answer due 10/19/2015; Ann Williamson answer due 10/19/2015. Signed by Judge Robert J. Shelby on 9/22/2015. (jds) (Entered: 09/22/2015)

Sept. 22, 2015 PACER
26

Duplicate filing of Motion Defendant's MOTION for Extension of Time To File Opposition To Plaintiffs' Motion To Certify As Class Action and To Appoint Class Counsel filed by Defendants Dallas Earnshaw, State of Utah, Douglas Thomas, Utah Department of Human Services, Utah Division of Substance Abuse and Mental Health, Utah State Hospital, Ann Williamson. Motions referred to Brooke C. Wells.(Wolf, David) Modified on 10/5/2015 (jds). (Entered: 10/02/2015)

Oct. 2, 2015 PACER
27

Unopposed MOTION for Extension of Time to file opposition re 18 Plaintiff's MOTION to Certify Class and to Appoint Class Counsel filed by Defendants Dallas Earnshaw, State of Utah, Douglas Thomas, Utah Department of Human Services, Utah Division of Substance Abuse and Mental Health, Utah State Hospital, Ann Williamson. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Wolf, David) Modified docket entry relationship on 10/5/2015 (jds). (Entered: 10/02/2015)

Oct. 2, 2015 PACER
28

ORDER granting 27 Unopposed Motion for Extension of Time to File Response/Reply re 18 Plaintiff's MOTION to Certify Class and to Appoint Class Counsel. Signed by Judge Robert J. Shelby on 10/5/2015. (jds) (Entered: 10/05/2015)

Oct. 5, 2015 PACER
29

Second MOTION for Extension of Time to File Answer re 2 Complaint, and Memorandum in Support filed by Defendants Dallas Earnshaw, State of Utah, Douglas Thomas, Utah Department of Human Services, Utah Division of Substance Abuse and Mental Health. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Douglas, Parker) (Entered: 10/16/2015)

Oct. 16, 2015 PACER
30

ORDER granting 29 Motion for Extension of Time to Answer re 2 Complaint,. Answer deadline updated for Dallas Earnshaw answer due 10/21/2015; State of Utah answer due 10/21/2015; Douglas Thomas answer due 10/21/2015; Utah Department of Human Services answer due 10/21/2015; Utah Division of Substance Abuse and Mental Health answer due 10/21/2015; Utah State Hospital answer due 10/21/2015; Ann Williamson answer due 10/21/2015. Signed by Judge Robert J. Shelby on 10/19/2015. (jds) (Entered: 10/19/2015)

Oct. 19, 2015 PACER
31

MOTION for Extension of Time respond to Complaint and Memorandum in Support filed by Defendants Dallas Earnshaw, State of Utah, Douglas Thomas, Utah Department of Human Services, Utah Division of Substance Abuse and Mental Health. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Douglas, Parker) Modified event type on 10/21/2015 (jds). (Entered: 10/21/2015)

Oct. 21, 2015 PACER
32

ORDER granting 31 Motion for Extension of Time to Answer re 2 Complaint,. Answer deadline updated for Dallas Earnshaw answer due 10/23/2015; State of Utah answer due 10/23/2015; Douglas Thomas answer due 10/23/2015; Utah Department of Human Services answer due 10/23/2015; Utah Division of Substance Abuse and Mental Health answer due 10/23/2015; Utah State Hospital answer due 10/23/2015; Ann Williamson answer due 10/23/2015. Signed by Judge Robert J. Shelby on 10/21/2015. (jds) (Entered: 10/21/2015)

Oct. 21, 2015 PACER
33

MOTION for Extension of Time time to respond to complaint. and Memorandum in Support filed by Defendants Dallas Earnshaw, State of Utah, Douglas Thomas, Utah Department of Human Services, Utah Division of Substance Abuse and Mental Health. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Douglas, Parker) (Entered: 10/23/2015)

Oct. 23, 2015 PACER
34

ORDER granting 33 Motion for Extension of Time. Signed by Judge Robert J. Shelby on 10/23/15. (jlw) (Entered: 10/23/2015)

Oct. 23, 2015 PACER
35

Final MOTION for Extension of Time to File Answer re 2 Complaint, and Memorandum in Support, MOTION for Leave to File Excess Pages and Memorandum in Support motion to dismiss filed by Defendants Dallas Earnshaw, State of Utah, Douglas Thomas, Utah Department of Human Services, Utah Division of Substance Abuse and Mental Health. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Douglas, Parker) (Entered: 10/26/2015)

Oct. 26, 2015 PACER
36

ORDER granting 35 Motion for Extension of Time to Answer re 2 Complaint,. Answer deadline updated for Dallas Earnshaw answer due 10/30/2015; State of Utah answer due 10/30/2015; Douglas Thomas answer due 10/30/2015; Utah Department of Human Services answer due 10/30/2015; Utah Division of Substance Abuse and Mental Health answer due 10/30/2015; Utah State Hospital answer due 10/30/2015; Ann Williamson answer due 10/30/2015.; granting 35 Motion for Leave to File Excess Pages. Defendants brief in response to the Answer may be up to 35 pages long. Signed by Judge Robert J. Shelby on 10/26/2015. (jds) (Entered: 10/26/2015)

Oct. 26, 2015 PACER
37

MOTION to Dismiss and Memorandum in Support, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendants Dallas Earnshaw, State of Utah, Douglas Thomas, Utah Department of Human Services, Utah Division of Substance Abuse and Mental Health, Utah State Hospital, Ann Williamson. (Attachments: # 1 Text of Proposed Order)(Douglas, Parker) (Entered: 10/30/2015)

Oct. 30, 2015 PACER
38

MOTION for Extension of Time to File Response/Reply as to 37 MOTION to Dismiss and Memorandum in Support MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support and Memorandum in Support filed by Plaintiffs S. B., Disability Law Center, A. U., S. W.. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Evans, Bret) (Entered: 11/17/2015)

Nov. 17, 2015 PACER
39

ORDER granting 38 Motion for Extension of Time to File Response/Reply re 37 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Plaintiffs Memorandum in Opposition to Motion to Dismiss due by 12/7/2015. Signed by Judge Robert J. Shelby on 11/17/2015. (jds) (Entered: 11/17/2015)

Nov. 17, 2015 PACER
40

Plaintiff's MEMORANDUM in Opposition re 37 MOTION to Dismiss and Memorandum in Support MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Plaintiffs S. B., Disability Law Center, A. U., S. W.. (Attachments: # 1 Exhibit A - D, # 2 Exhibit E)(Sullivan, Alan) (Entered: 12/07/2015)

Dec. 7, 2015 PACER
41

NOTICE OF HEARING ON MOTION re: 37 MOTION to Dismiss MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM : (Notice generated by Mary Jane McNamee) Motion Hearing set for 2/2/2016 at 10:00 AM in Rm 7.300 before Judge Robert J. Shelby. (mjm) (Entered: 12/09/2015)

Dec. 9, 2015 PACER
42

Stipulated MOTION for Extension of Time to File Response/Reply as to 41 Notice of Hearing on Motion, 39 Order on Motion for Extension of Time to File Response/Reply, 37 MOTION to Dismiss and Memorandum in Support MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support, 40 Memorandum in Opposition to Motion, and Memorandum in Support filed by Defendants Dallas Earnshaw, State of Utah, Douglas Thomas, Utah Department of Human Services, Utah Division of Substance Abuse and Mental Health, Utah State Hospital, Ann Williamson. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Douglas, Parker) (Entered: 12/15/2015)

Dec. 15, 2015 PACER
43

ORDER granting 42 Motion for Extension of Time to File Response/Reply re 37 MOTION to Dismiss. Reply Brief due by 1/14/2016. Signed by Judge Robert J. Shelby on 12/15/2015. (jds) (Entered: 12/16/2015)

Dec. 16, 2015 PACER
44

MOTION for Extension of Time to File Response/Reply as to 37 MOTION to Dismiss and Memorandum in Support MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support and Memorandum in Support filed by Defendants Dallas Earnshaw, State of Utah, Douglas Thomas, Utah Department of Human Services, Utah Division of Substance Abuse and Mental Health, Utah State Hospital, Ann Williamson. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Douglas, Parker) (Entered: 01/13/2016)

Jan. 13, 2016 PACER
45

ORDER granting 44 Motion for Extension of Time to File Response/Reply re 37 MOTION to Dismiss Reply Brief due by 1/15/2016. Signed by Judge Robert J. Shelby on 1/13/2016. (jds) (Entered: 01/13/2016)

Jan. 13, 2016 PACER
46

MOTION for Extension of Time to File Response/Reply as to 37 MOTION to Dismiss and Memorandum in Support MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support and Memorandum in Support filed by Defendants Dallas Earnshaw, State of Utah, Douglas Thomas, Utah Department of Human Services, Utah Division of Substance Abuse and Mental Health, Utah State Hospital, Ann Williamson. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Douglas, Parker) (Entered: 01/15/2016)

Jan. 15, 2016 PACER
47

ORDER granting 46 Motion for Extension of Time to File Response/Reply re 37 MOTION to Dismiss, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Replies due by 1/18/2016. Signed by Judge Robert J. Shelby on 1/15/2016. (blh) (Entered: 01/15/2016)

Jan. 15, 2016 PACER
48

REPLY to Response to Motion re 37 MOTION to Dismiss and Memorandum in Support MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendants Dallas Earnshaw, State of Utah, Douglas Thomas, Utah Department of Human Services, Utah Division of Substance Abuse and Mental Health, Utah State Hospital, Ann Williamson. (Douglas, Parker) (Entered: 01/18/2016)

Jan. 18, 2016 PACER
49

Minute Entry for proceedings held before Judge Robert J. Shelby: Counsel present for parties. The Court hears oral argument. The Court takes the motion under advisement. Motion Hearing held on 2/2/2016 re 37 MOTION to Dismiss and Memorandum in Support MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by State of Utah, Dallas Earnshaw, Douglas Thomas, Utah State Hospital, Utah Division of Substance Abuse and Mental Health, Ann Williamson, Utah Department of Human Services. Attorney for Plaintiff: Bret R. Evans, Jared C. Fields, Alan L. Sullivan, Erin Sullivan, Attorney for Defendant: Parker Douglas, Laura K. Thompson. Court Reporter: Ray Fenlon.(Time Start: 10:00 a.m., Time End: 12:31 p.m., Room 7.300.)(kpf) (Entered: 02/02/2016)

Feb. 2, 2016 PACER
50

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of DEFENDANTS' MOTION TO DISMISS held on FEBRUARY 2, 2016 before Judge ROBERT J. SHELBY. Court Reporter/Transcriber RAYMOND P. FENLON, Telephone number (801) 809-4634. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. To redact additional information a Motion to Redact must be filed. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/9/2016. Redacted Transcript Deadline set for 3/21/2016. Release of Transcript Restriction set for 5/17/2016. (jds) Modified on 5/17/2016 by removing restricted text (las). (Entered: 02/17/2016)

Feb. 17, 2016 PACER
51

MEMORANDUM DECISION AND ORDER denying 37 the State's Motion to Dismiss. Signed by Judge Robert J. Shelby on 4/7/2016. (jds) (Entered: 04/07/2016)

April 7, 2016 RECAP
52

MOTION for Extension of Time TO FILE ANSWER AND OPPOSITION BRIEF TO PLAINTIFFS MOTION TO CERTIFY CLASS ACTION AND TO APPOINT CLASS COUNSEL, DOC. #18 and Memorandum in Support filed by Defendants Dallas Earnshaw, State of Utah, Douglas Thomas, Utah Department of Human Services, Utah Division of Substance Abuse and Mental Health, Utah State Hospital, Ann Williamson. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Douglas, Parker) (Entered: 04/24/2016)

April 24, 2016 PACER
53

ORDER granting 52 Unopposed Motion for Extension of Time to file answer and opposition brief to 18 Plaintiff's MOTION to Certify Class and Memorandum in Support and to Appoint Class Counsel. Signed by Judge Robert J. Shelby on 4/25/2015. (jds) (Entered: 04/25/2016)

April 25, 2016 PACER
54

Defendant State of Utah, et als ANSWER to Complaint filed by State of Utah.(Thompson, Laura) (Entered: 04/27/2016)

April 27, 2016 PACER
55

REPORT OF ATTORNEY PLANNING MEETING. (Evans, Bret) (Entered: 05/04/2016)

May 4, 2016 PACER
56

MOTION for Extension of Time to File Response/Reply as to 18 Plaintiff's MOTION to Certify Class and Memorandum in Support and to Appoint Class Counsel and Memorandum in Support filed by Defendants Dallas Earnshaw, State of Utah, Douglas Thomas, Utah Department of Human Services, Utah Division of Substance Abuse and Mental Health, Utah State Hospital, Ann Williamson. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Douglas, Parker) (Entered: 05/09/2016)

May 9, 2016 PACER
57

ORDER granting 56 Motion for Extension of Time to File Response/Reply re 18 Plaintiff's MOTION to Certify Class and to Appoint Class Counsel. Brief in Opposition due by 5/16/2016. Signed by Judge Robert J. Shelby on 5/9/2016. (jds) (Entered: 05/09/2016)

May 9, 2016 PACER
58

MEMORANDUM in Opposition re 18 Plaintiff's MOTION to Certify Class and Memorandum in Support and to Appoint Class Counsel filed by Defendants Dallas Earnshaw, State of Utah, Douglas Thomas, Utah Department of Human Services, Utah Division of Substance Abuse and Mental Health, Utah State Hospital, Ann Williamson. (Attachments: # 1 Exhibit 1)(Douglas, Parker) (Entered: 05/16/2016)

May 16, 2016 PACER
59

Stipulated MOTION for Extension of Time to File Response/Reply as to 18 Plaintiff's MOTION to Certify Class and Memorandum in Support and to Appoint Class Counsel and Memorandum in Support filed by Plaintiffs S. B., Disability Law Center, A. U., S. W.. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Evans, Bret) (Entered: 05/19/2016)

May 19, 2016 PACER
60

ORDER granting 59 Motion for Extension of Time to File Response/Reply re 18 Plaintiff's MOTION to Certify Class and Memorandum in Support and to Appoint Class Counsel. Replies due by 6/14/2016. Signed by Magistrate Judge Brooke C. Wells on 5/19/2016. (jds) (Entered: 05/19/2016)

May 19, 2016 PACER
61

SCHEDULING ORDER: Amended Pleadings due by Plaintiffs 9/6/2016, Defendants 9/20/2016. Joinder of Parties due by Plaintiffs 9/6/2016, Defendants 9/20/2016. Discovery due by 4/14/2017. Motions due by 5/5/2017. Deadline for filing a request for a scheduling conference due by 5/12/2017. Signed by Magistrate Judge Evelyn J. Furse on 5/23/2016. (jds) (Entered: 05/23/2016)

May 23, 2016 PACER
62

Ex Parte (Not Sealed) MOTION for Leave to File Excess Pages and Memorandum in Support filed by Plaintiffs S. B., Disability Law Center, A. U., S. W.. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Evans, Bret) (Entered: 06/10/2016)

June 10, 2016 PACER
63

ORDER granting 62 Ex Parte Motion for Leave to File Overlength Reply in support of Plaintiffs Motion to Certify Class and Appoint Class Counsel. Signed by Magistrate Judge Brooke C. Wells on 6/10/2016. (jds) (Entered: 06/10/2016)

June 10, 2016 PACER
64

REPLY to Response to Motion re 18 Plaintiff's MOTION to Certify Class and Memorandum in Support and to Appoint Class Counsel filed by Plaintiffs S. B., Disability Law Center, A. U., S. W.. (Attachments: # 1 Exhibit A - State v. Adams, # 2 Exhibit B - Burnside v. Whitley, # 3 Exhibit C - State v. Parry)(Sullivan, Alan) (Entered: 06/13/2016)

June 13, 2016 PACER
65

AFFIDAVIT/DECLARATION of Erin Sullivan in Support re 18 Plaintiff's MOTION to Certify Class and Memorandum in Support and to Appoint Class Counsel filed by Plaintiffs S. B., Disability Law Center, A. U., S. W.. (Attachments: # 1 Exhibit A - NCP Lists, # 2 Exhibit B - BZ Court Docs, # 3 Exhibit C - JS Court Docs, # 4 Exhibit D - SE Court Docs, # 5 Exhibit E - RISE Patient Handbook, # 6 Exhibit F - RISE Contract, # 7 Exhibit G - RISE Budget Request)(Sullivan, Alan) (Entered: 06/13/2016)

June 13, 2016 PACER
66

NOTICE OF HEARING ON MOTION re: 18 Plaintiff's MOTION to Certify Class and to Appoint Class Counsel : (Notice generated by Mary Jane McNamee) Motion Hearing set for 8/18/2016 at 1:30 PM in Rm 7.300 before Judge Robert J. Shelby. (mjm) (Entered: 06/17/2016)

June 17, 2016 PACER
67

AMENDED NOTICE OF HEARING ON MOTION re: 18 Plaintiff's MOTION to Certify Class and to Appoint Class Counsel : (Notice generated by Mary Jane McNamee) Motion Hearing RESET for 9/22/2016 at 1:45 PM in Rm 7.300 before Judge Robert J. Shelby. (mjm) (Entered: 06/27/2016)

June 27, 2016 PACER
68

Joint MOTION for Protective Order Stipulated filed by Defendant State of Utah. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit) Motions referred to Brooke C. Wells.(Thompson, Laura) (Entered: 07/29/2016)

July 29, 2016 PACER
69

ORDER granting 68 Stipulated Motion for Protective Order. Signed by Judge Robert J. Shelby on 8/3/2016. (Attachments: # 1 Disclosure Agreement) (jds) (Entered: 08/03/2016)

Aug. 3, 2016 PACER
70

Minute Entry for proceedings held before Judge Robert J. Shelby: Motion Hearing held on 9/22/2016 re 18 Plaintiff's MOTION to Certify Class and to Appoint Class Counsel filed by A. U., S. W., S. B., Disability Law Center. Counsel are present. The court hears argument and takes the motion under advisement. Attorney for Plaintiff: Alan L. Sullivan, Aaron M. Kinikini, Bret R. Evans, Attorney for Defendant: Parker Douglas, Laura K. Thompson, David N. Wolf. Court Reporter: Ray Fenlon.(cff) (Entered: 09/22/2016)

Sept. 22, 2016 PACER
71

MEMORANDUM DECISION AND ORDER granting 18 Plaintiffs Motion to Certify as Class Action and to Appoint Class Counsel. Signed by Judge Robert J. Shelby on 9/27/2016. (jds) (Entered: 09/27/2016)

Sept. 27, 2016 RECAP
72

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of PLAINTIFF'S MOTION TO CERTIFY CLASS AND APPOINT CLASS COUNSEL held on SEPTEMBER 22, 2016 before Judge ROBERT J. SHELBY. Court Reporter/Transcriber RAYMOND P. FENLON, Telephone number (801) 809-4634. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. To redact additional information a Motion to Redact must be filed. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/25/2016. Redacted Transcript Deadline set for 11/4/2016. Release of Transcript Restriction set for 1/3/2017. (jds) Modified on 1/3/2017 by removing restricted text (las). (Entered: 10/04/2016)

Oct. 4, 2016 PACER
74

NOTICE of U.S. Court of Appeals Number(16-608) re: Petition for Permission to Appeal re 71 Order on Motion to Certify Class, Memorandum Decision. (Attachments: # 1 Petition for Permission to Appeal) (jmr) (Entered: 10/12/2016)

Oct. 12, 2016 PACER
75

ORDER of USCA Tenth Circuit-This matter is before the court on the Utah Petitioners' Petition for Permission to Appeal and Order Granting Class Certification. Upon consideration, and after very careful review of the petition, the response, the reply, and the district court's order, the Petition for Permission is Denied. Terminated on the merits after submissions without oral hearing. Written, unsigned, and unpublished. Final order filed denying petition for permission to appeal by judges: Briscoe, Hartz, and Moritz. (jmr) (Entered: 11/08/2016)

Nov. 7, 2016 PACER
76

FILED IN ERROR - RESPONSE to Discovery Request from State of Utah filed by Defendant State of Utah.(Thompson, Laura) Modified on 12/15/2016: added error text (alt) (Entered: 12/15/2016)

Dec. 15, 2016 PACER
77

CLERK'S NOTICE OF ERROR re 76 Response to Discovery. Description of error: Document should not have been filed with the court per DUCivR 26-1(b). (alt) (Entered: 12/15/2016)

Dec. 15, 2016 PACER
78

STRICKEN - Signature line missing, document will be refiled by filer. MOTION to Stay of Proceedings filed by Plaintiff Disability Law Center. (Attachments: # 1 Proposed Order Granting Joint Motion for Stay of Proceedings) Motions referred to Brooke C. Wells.(Kinikini, Aaron) Modified on 1/3/2017 (jds). (Entered: 01/03/2017)

Jan. 3, 2017 PACER
79

Joint MOTION to Stay Of Proceedings and Motion to Amend Scheduling Order filed by Plaintiff Disability Law Center. (Attachments: # 1 Proposed Order Granting Joint Motion for Stay of Proceedings) Motions referred to Brooke C. Wells.(Kinikini, Aaron). Added MOTION for Scheduling Order on 1/6/2017 (jds). (Entered: 01/03/2017)

Jan. 3, 2017 PACER
80

ORDER granting 79 Motion to Stay of Proceeding, granting 79 Motion to Amend Scheduling Order: Discovery due by 6/23/2017, Motions due by 7/14/2017, Deadline for filing a request for a scheduling conference due by 7/21/2017. Signed by Magistrate Judge Brooke C. Wells on 1/5/2017. (jds) (Entered: 01/06/2017)

Jan. 6, 2017 PACER
81

Joint MOTION to Stay of Proceedings filed by Plaintiff Disability Law Center. (Attachments: # 1 Exhibit Proposed order Granting Second Joint Motion for Stay of Proceedings) Motions referred to Brooke C. Wells.(Kinikini, Aaron) (Entered: 03/17/2017)

March 17, 2017 PACER
82

ORDER granting 81 Second Joint MOTION to Stay of Proceedings filed by Disability Law Center. Discovery due by 8/23/2017. Motions due by 9/14/2017. Deadline for filing a request for a scheduling conference due by 9/21/2017. Signed by Magistrate Judge Brooke C. Wells on 3/20/2017. (blh) (Entered: 03/20/2017)

March 20, 2017 PACER
83

Joint MOTION to Amend/Correct 61 Scheduling Order, filed by Defendants Dallas Earnshaw, State of Utah, Douglas Thomas, Utah Department of Human Services, Utah Division of Substance Abuse and Mental Health, Utah State Hospital, Ann Williamson. (Attachments: # 1 Text of Proposed Order Amended Scheduling Order) Motions referred to Brooke C. Wells.(Wolf, David) Modified event type on 4/17/2017 (jds). (Entered: 04/17/2017)

April 17, 2017 PACER
84

ORDER granting 83 Motion to Amend Scheduling Order: Discovery due by 9/20/2017. Motions due by 10/12/2017. Signed by Magistrate Judge Brooke C. Wells on 4/17/2017. (jds) (Entered: 04/17/2017)

April 17, 2017 PACER
85

Joint MOTION Appointment of Monitor, Joint MOTION for Settlement Approval of Settlement Agreement, Joint MOTION to Stay Proceedings filed by Plaintiffs S. B., Disability Law Center, A. U., S. W.. (Attachments: # 1 Exhibit 1 - Settlement Agreement, # 2 Exhibit 2 - Notice to Class Members, # 3 Exhibit 3 - Notice to Defense Counsel, # 4 Exhibit 4 - Curriculum Vitae for Patrick Fox MD, # 5 Text of Proposed Order Proposed Order) Motions referred to Brooke C. Wells.(Sullivan, Alan) (Entered: 06/12/2017)

1

View on RECAP

June 12, 2017 PACER
86

ORDER re 85 Joint MOTION Appointment of Monitor, Joint MOTION for Approval of Settlement Agreement, Joint MOTION to Stay Proceedings. The Court will hold a fairness hearing on the fairness, reasonableness, and adequacy of the Settlement Agreement set for 7/11/2017 at 03:00 PM in Rm 7.300 before Judge Robert J. Shelby. Signed by Judge Robert J. Shelby on 6/14/2017. (jds) (Entered: 06/14/2017)

June 14, 2017 PACER
87

Motions No Longer Referred: 85 Joint MOTION Appointment of Monitor Joint MOTION for Settlement Approval of Settlement AgreementJoint MOTION to Stay Proceedings (ems) (Entered: 06/19/2017)

June 19, 2017 PACER
88

AFFIDAVIT/DECLARATION of Alan L. Sullivan in Support re 85 Joint MOTION Appointment of Monitor Joint MOTION for Settlement Approval of Settlement AgreementJoint MOTION to Stay Proceedings filed by Plaintiffs S. B., Disability Law Center, A. U., S. W.. (Sullivan, Alan) (Entered: 06/26/2017)

June 26, 2017 PACER
89

NOTICE of Notice of Filing Comments and Objections to Proposed Settlement Agreement by Disability Law Center (Attachments: # 1 Exhibit Responses to Proposed Class Action Settlement) (Sullivan, Erin) (Entered: 07/05/2017)

July 5, 2017 PACER
90

Minute Entry for proceedings held before Judge Robert J. Shelby. Motion Hearing held on 7/11/2017. After hearing from counsel. Court granted the 85 Joint Motion for Appointment of Monitor, Approval of the Settlement Agreement and Stay of Proceedings. For reasons stated by Mr. Sullivan and submissions from counsel, Court finds the settlement to be fair, reasonable and adequate. Court ordered the proceeding in this case stayed for 5 years. Court further appointed Dr. Patrick K. Fox as Monitor. Court will prepare a written order. Attorney for Plaintiff: Alan L. Sullivan, Bret R. Evans, Erin Sullivan, Attorney for Defendant: David N. Wolf, Laura K. Thompson. Court Reporter: Ray Fenlon.(ss) (Entered: 07/12/2017)

July 11, 2017 PACER
91

ORDER re 90 Motion Hearing. Follows oral order of 7/11/2017 granting 85 Joint Motion for Appointment of Monitor, Approval of the Settlement Agreement and Stay of Proceedings. Signed by Judge Robert J. Shelby on 7/12/2017. (jds) (Entered: 07/12/2017)

July 12, 2017 PACER
92

ORDER Administratively Closing this Case per 91 Order. Case may be reopened upon motion of pla(s) or dft(s). Magistrate Judge Brooke C. Wells no longer assigned to case. Signed by Judge Robert J. Shelby on 7/12/2017. (jds) (Entered: 07/12/2017)

July 12, 2017 PACER
93

NOTICE OF WITHDRAWAL OF COUNSEL of Parker Douglas filed by David N. Wolf on behalf of Dallas Earnshaw, State of Utah, Douglas Thomas, Utah Department of Human Services, Utah Division of Substance Abuse and Mental Health, Utah State Hospital, Ann Williamson (Wolf, David) (Entered: 09/25/2017)

Sept. 25, 2017 PACER

State / Territory: Utah

Case Type(s):

Jail Conditions

Special Collection(s):

Solitary confinement

Post-WalMart decisions on class certification

Key Dates

Filing Date: Sept. 8, 2015

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All individuals who are now, or will be in the future, (a) charged with a crime in Utah, (b) are determined by the court in which they are charged to be mentally incompetent to stand trial, and (c) are ordered to the custody of the executive directors of DHS or a designee for the purpose of treatment intended to restore the defendant to competency but remain housed in a Utah county jail.

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Utah Division of Substance Abuse and Mental Health, State

Utah Department of Human Services, State

Utah State Hospital, State

Defendant Type(s):

Corrections

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

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

Protection and Advocacy for Individuals with Mental Illness (PAIMI) Act, 42 U.S.C. § 10801

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2017 - 2022

Content of Injunction:

Goals (e.g., for hiring, admissions)

Monitoring

Reporting

Issues

General:

Access to lawyers or judicial system

Administrative segregation

Conditions of confinement

Protective custody

Solitary confinement/Supermax (conditions or process)

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Mental impairment

Medical/Mental Health:

Intellectual/Developmental Disability

Mental health care, general

Type of Facility:

Government-run