Case: Nielson v. Shinn

2:20-cv-01182 | U.S. District Court for the District of Arizona

Filed Date: June 15, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case challenging the constitutionality of private prisons in Arizona. On June 6, 2020, a plaintiff who was incarcerated by the Arizona Department of Corrections, Rehabilitation & Reentry (ADCRR), filed this class action suit against the ADCRR Director David Shinn in the US District Court of Arizona. The plaintiff sued the Department under 42 U.S.C. § 1983. Represented by private counsel from the public interest organization Abolish Private Prisons, the plaintiff sought declaratory jud…

This is a case challenging the constitutionality of private prisons in Arizona. On June 6, 2020, a plaintiff who was incarcerated by the Arizona Department of Corrections, Rehabilitation & Reentry (ADCRR), filed this class action suit against the ADCRR Director David Shinn in the US District Court of Arizona. The plaintiff sued the Department under 42 U.S.C. § 1983. Represented by private counsel from the public interest organization Abolish Private Prisons, the plaintiff sought declaratory judgment that the Department’s reliance on private prisons is in violation of the Constitution. The plaintiff also sought an injunction that would forbid Director Shinn and his successors from continuing to assign prisoners to serve time in private prisons and compel the Department to discontinue use of private prisons. Attorneys fees and further relief were also requested. The case was assigned to Judge Grant Murray Snow.

The plaintiff argued that the ADCRR’s reliance on private prisons amounted to a violation of his right to be free from forced servitude under the 13th amendment, his right to protection against cruel and unusual punishment under the 8th Amendment, and his due process rights and equal protection rights under the 14th amendment. According to the plaintiff, ADCRR turns prisoners into economic assets by entrusting their care to for-profit prisons, in effect turning prisoners into commodities and benefiting from their forced labor. By relying on private prisons, ADCRR also delegates the exercise of the punishment power solely belonging to the government to a private entity, a violation of the 13th amendment’s “punishment clause.” The complaint also highlighted the incentive misalignment created by the use of private prisons: through its contracts with private prisons, ADCRR incentivizes jail and prison workers and administrative professionals to work in ways that are contrary to prisoners’ due process rights. In a final count, the plaintiff argued that ADCRR’s reliance on private prisons creates disparate outcomes for prisoners in the public and private prison systems, in violation of the Equal Protection Clause of the Fourteenth Amendment.

In July 2020, the defendants filed for a Motion to Dismiss for a Failure to State a Claim. As of October 15, 2020, the case remains open.

Summary Authors

Gabrielle Simeck (10/10/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17251613/parties/nielsen-v-shinn/


Judge(s)

Boyle, John Z (Arizona)

Snow, G. Murray (Arizona)

Attorneys(s) for Plaintiff

Baer, Jacob Jeffrey (Colorado)

Craig, Robert Eugene III (Arizona)

Dacey, John R. (Arizona)

Hoppe, Lousene (Minnesota)

Zlaket, Thomas A (Arizona)

Attorneys(s) for Defendant

Acedo, Nicholas Daniel (Arizona)

Hanna, Katherine Lindsay (Arizona)

Love, Rachel (Arizona)

Judge(s)

Boyle, John Z (Arizona)

Snow, G. Murray (Arizona)

Attorneys(s) for Plaintiff

Baer, Jacob Jeffrey (Colorado)

Craig, Robert Eugene III (Arizona)

Dacey, John R. (Arizona)

Hoppe, Lousene (Minnesota)

Zlaket, Thomas A (Arizona)

Attorneys(s) for Defendant

Acedo, Nicholas Daniel (Arizona)

Hanna, Katherine Lindsay (Arizona)

Love, Rachel (Arizona)

Struck, Daniel Patrick (Arizona)

Documents in the Clearinghouse

Document

Docket [pacer]

Nielsen v. Shinn

Oct. 1, 2020 Docket
1

Class Action Complaint for Declaratory and Injunctive Relief

June 15, 2020 Complaint
17

Lodged: Plaintiffs' Opposition to Defendant's Motion to Dismiss

Sept. 29, 2020 Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17251613/nielsen-v-shinn/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

*PRISONER CIVIL RIGHTS COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-18381670 filed by Jeffrey Nielsen, Arizona State Conference of the National Association for the Advancement of Colored People, Terry Brownell, Larry Hilgendorf, Joseph Bulen, Brian Boudreaux. (Dacey, John) (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit)(MCO) *Modified to correct filers on 6/16/2020 (CEI). (Entered: 06/15/2020)

June 15, 2020 PACER
2

SUMMONS Submitted by Arizona State Conference of the National Association for the Advancement of Colored People, Terry Brownell, Larry Hilgendorf, Jeffrey Nielsen. (Dacey, John) (MCO) (Entered: 06/15/2020)

June 15, 2020 PACER
3

NOTICE OF ASSIGNMENT (MCO) (Entered: 06/15/2020)

June 15, 2020 PACER

Remark: Pro hac vice motion(s) granted for Lousene M Hoppe on behalf of Plaintiffs Brian Boudreaux, Terry Brownell, Joseph Bulen, Larry Hilgendorf, Jeffrey Nielsen. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

June 17, 2020 PACER

Remark re Pro Hac Vice Motion

June 17, 2020 PACER
4

Summons Issued as to David Shinn. (GMP). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 06/18/2020)

June 18, 2020 PACER
5

ORDER: Defendant David Shinn, in his official capacity, must answer the 1 Complaint. If Plaintiffs do not either obtain a waiver of service of the summons or complete service of the Summons and Complaint on Defendant within 90 days of the filing of the Complaint or within 60 days of the filing of this Order, whichever is later, the action may be dismissed. Fed. R. Civ. P. 4(m); LR Civ 16.2(b)(2)(B)(ii). Defendant must answer the Complaint or otherwise respond by appropriate motion within the time provided by the applicable provisions of Rule 12(a) of the Federal Rules of Civil Procedure. This matter is referred to Magistrate Judge John Z. Boyle pursuant to Rules 72.1 and 72.2 of the Local Rules of Civil Procedure for all pretrial proceedings as authorized under 28 U.S.C. ยง 636(b)(1). Signed by Chief Judge G Murray Snow on 6/19/20. (GMP) (Entered: 06/19/2020)

June 19, 2020 PACER

Remark: Pro hac vice motion(s) granted for Jacob Jeffrey Baer on behalf of Plaintiffs Arizona State Conference of the National Association for the Advancement of Colored People, Brian Boudreaux, Terry Brownell, Joseph Bulen, Larry Hilgendorf, Jeffrey Nielsen. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

June 22, 2020 PACER

Remark re Pro Hac Vice Motion

June 22, 2020 PACER
6

* SERVICE EXECUTED filed by Arizona State Conference of the National Association for the Advancement of Colored People, Brian Boudreaux, Terry Brownell, Joseph Bulen, Larry Hilgendorf, Jeffrey Nielsen: Rule 4 Waiver of Service of Summons. Waiver sent on 06/17/2020 to Defendants David Shinn, Director . (Dacey, John) * Modified to correct date sent from 6/22/20 to 6/17/20 on 6/29/2020 (LAD). (Entered: 06/26/2020)

June 26, 2020 PACER

NOTICE of request for e-notices by James Christian. (Christian, James)

July 2, 2020 PACER

Notice of Request for E-Notices

July 2, 2020 PACER
7

MOTION to Dismiss for Failure to State a Claim by David Shinn. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9)(Acedo, Nicholas) (Entered: 08/17/2020)

Aug. 17, 2020 PACER
8

MOTION for Extension of Time to File Response/Reply as to 7 MOTION to Dismiss for Failure to State a Claim by Arizona State Conference of the National Association for the Advancement of Colored People, Brian Boudreaux, Terry Brownell, Joseph Bulen, Larry Hilgendorf, Jeffrey Nielsen. (Attachments: # 1 Text of Proposed Order)(Hoppe, Lousene) (Entered: 08/21/2020)

Aug. 21, 2020 PACER
9

NOTICE TO FILER OF DEFICIENCY re: 8 MOTION for Extension of Time to File Response/Reply as to 7 MOTION to Dismiss for Failure to State a Claim filed by Arizona State Conference of the National Association for the Advancement of Colored People, Larry Hilgendorf, Jeffrey Nielsen, Brian Boudreaux, Joseph Bulen, Terry Brownell. Document not in compliance with LRCiv 5.5(g) - Documents signed by an attorney shall be filed using that attorney's ECF log-in and password and shall not be filed using a log-in and password belonging to another attorney. Document(s) signed by attorney John Dacey but submitted using the log-in and password belonging to attorney Lousene Hoppe. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (GMP) (Entered: 08/24/2020)

Aug. 24, 2020 PACER

Notice of Deficiency (Text Only)

Aug. 24, 2020 PACER
10

ORDER granting 8 Plaintiff's Motion. Plaintiffs shall file a response to Defendant's Motion to Dismiss (doc. 7 ) on or before September 28, 2020. Signed by Magistrate Judge John Z Boyle on 8/27/20. (EJA) (Entered: 08/27/2020)

Aug. 27, 2020 PACER
11

MOTION for Leave to File Excess Pages for Opposition to Defendant's Motion to Dismiss by Arizona State Conference of the National Association for the Advancement of Colored People, Brian Boudreaux, Terry Brownell, Joseph Bulen, Larry Hilgendorf, Jeffrey Nielsen. (Attachments: # 1 Text of Proposed Order)(Hoppe, Lousene) (Entered: 09/18/2020)

Sept. 18, 2020 PACER
12

**Wrong PDF** LODGED Proposed Plaintiffs' Motion for Leave to File Their Opposition to Defendant's Motion to Dismiss In Excess of Page Limitations re: 11 MOTION for Leave to File Excess Pages for Opposition to Defendant's Motion to Dismiss. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Arizona State Conference of the National Association for the Advancement of Colored People, Brian Boudreaux, Terry Brownell, Joseph Bulen, Larry Hilgendorf, Jeffrey Nielsen. (Hoppe, Lousene) Modified on 9/29/2020 (DXD). (Entered: 09/18/2020)

Sept. 18, 2020 PACER
13

NOTICE TO FILER OF DEFICIENCY re: 12 Lodged Proposed Document filed by Arizona State Conference of the National Association for the Advancement of Colored People, Larry Hilgendorf, Jeffrey Nielsen, Brian Boudreaux, Joseph Bulen, Terry Brownell. Incorrect PDF attached. FOLLOW-UP ACTION REQUIRED: Please refile with correct PDF document. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (GMP) (Entered: 09/21/2020)

Sept. 21, 2020 PACER

Notice of Deficiency (Text Only)

Sept. 21, 2020 PACER
14

NOTICE of Errata re: 12 Lodged Proposed Document by Plaintiffs Arizona State Conference of the National Association for the Advancement of Colored People, Brian Boudreaux, Terry Brownell, Joseph Bulen, Larry Hilgendorf, Jeffrey Nielsen. (Hoppe, Lousene) (Entered: 09/22/2020)

Sept. 22, 2020 PACER
15

**FILED at Doc. 17 ** LODGED Proposed Plaintiffs' Opposition to Defendant's Motion to Dismiss re: 7 MOTION to Dismiss for Failure to State a Claim. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Arizona State Conference of the National Association for the Advancement of Colored People, Brian Boudreaux, Terry Brownell, Joseph Bulen, Larry Hilgendorf, Jeffrey Nielsen. (Attachments: # 1 Exhibit Index, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F)(Hoppe, Lousene) Modified on 9/29/2020 (DXD). (Entered: 09/28/2020)

Sept. 28, 2020 PACER
16

ORDER granting 11 Motion for Leave to File Excess Pages. The Clerk shall file Plaintiffs' proposed Opposition to Defendants Motion to Dismiss (lodged Doc. 15 ). Signed by Magistrate Judge John Z Boyle on 9/29/20. (DXD) (Entered: 09/29/2020)

Sept. 29, 2020 PACER
17

RESPONSE to Motion re: 7 MOTION to Dismiss for Failure to State a Claim filed by Arizona State Conference of the National Association for the Advancement of Colored People, Brian Boudreaux, Terry Brownell, Joseph Bulen, Larry Hilgendorf, Jeffrey Nielsen. (Attachments: # 1 Exhibit Index, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F)(DXD) (Entered: 09/29/2020)

Sept. 29, 2020 PACER
18

MOTION for Extension of Time to File Response/Reply as to 7 MOTION to Dismiss for Failure to State a Claim (Unopposed) by David Shinn. (Attachments: # 1 Text of Proposed Order)(Acedo, Nicholas) *Modified linkage on 10/2/2020 (DXD). (Entered: 10/01/2020)

Oct. 1, 2020 PACER
19

Order on Motion for Extension of Time to File Response/Reply

Oct. 5, 2020 PACER
20

Leave to File Document

Nov. 4, 2020 PACER
21

Lodged Proposed Document

Nov. 4, 2020 PACER
22

Additional Attachments to Main Document

Nov. 5, 2020 PACER

Remark re Pro Hac Vice Motion

Nov. 6, 2020 PACER
23

File Excess Pages

Nov. 7, 2020 PACER
24

Lodged Proposed Document

Nov. 7, 2020 PACER
25

Lodged Proposed Document

Nov. 7, 2020 PACER
26

Withdrawal of Document

Nov. 9, 2020 PACER
27

Order on Motion for Leave to File Excess Pages AND Order on Motion for Leave to File

Nov. 23, 2020 PACER
28

Brief (Non Appeal)

Nov. 23, 2020 PACER
29

Reply to Response to Motion

Nov. 23, 2020 PACER
30

Notice of Change of Address/Firm Name (Attorney)

Jan. 21, 2021 PACER
31

Notice of Attorney Withdrawal (No Longer with Firm Only)

Jan. 26, 2021 PACER

Notice of Deficiency (Text Only)

Jan. 26, 2021 PACER
33

Notice (Other)

Feb. 4, 2021 PACER

Notice of Deficiency (Text Only)

Feb. 5, 2021 PACER
35

Response

Feb. 11, 2021 PACER
36

Order of Recusal

March 4, 2021 PACER
37

Order on Motion to Dismiss for Failure to State a Claim

March 8, 2021 PACER
38

Amended Complaint

April 6, 2021 PACER
39

Extension of Time to File Answer

April 16, 2021 PACER
40

Order on Motion for Extension of Time to Answer

April 16, 2021 PACER
41

Dismiss for Failure to State a Claim

May 5, 2021 PACER
42

Additional Attachments to Main Document

May 5, 2021 PACER
43

Additional Attachments to Main Document

May 5, 2021 PACER
44

Extension of Time to File Response/Reply

May 11, 2021 PACER
45

Order on Motion for Extension of Time to File Response/Reply

May 13, 2021 PACER

Remark re Pro Hac Vice Motion

May 13, 2021 PACER

Remark re Pro Hac Vice Motion

June 1, 2021 PACER
46

File Excess Pages

June 2, 2021 PACER
47

Lodged Proposed Document

June 2, 2021 PACER
48

Order on Motion for Leave to File Excess Pages

June 2, 2021 PACER
49

Response in Opposition to Motion

June 2, 2021 PACER
50

Leave to File Document

June 3, 2021 PACER
51

Lodged Proposed Document

June 3, 2021 PACER

Notice of Deficiency (Text Only)

June 3, 2021 PACER
54

Order on Motion for Leave to File

June 3, 2021 PACER
55

Brief (Non Appeal)

June 3, 2021 PACER
56

Leave to File Document

June 3, 2021 PACER
57

Lodged Proposed Document

June 3, 2021 PACER
58

Order on Motion for Leave to File

June 4, 2021 PACER
59

Brief (Non Appeal)

June 4, 2021 PACER
60

Extension of Time to File Response/Reply

June 7, 2021 PACER
61

Order on Motion for Extension of Time to File Response/Reply

June 9, 2021 PACER
62

Notice of Errata

June 14, 2021 PACER
63

Leave to File Document

June 21, 2021 PACER
64

Lodged Proposed Document

June 21, 2021 PACER
65

Extension of Time to File Response/Reply

June 23, 2021 PACER
66

Order on Motion for Extension of Time to File Response/Reply AND Order on Motion for Leave to File

June 24, 2021 PACER
67

Brief (Non Appeal)

June 24, 2021 PACER

Remark re Pro Hac Vice Motion

June 24, 2021 PACER
68

File Amicus Curiae

June 24, 2021 PACER
69

Lodged Proposed Document

June 24, 2021 PACER
70

Order on Motion to File Amicus Curiae

June 25, 2021 PACER
71

Brief (Non Appeal)

June 25, 2021 PACER
72

File Excess Pages

June 25, 2021 PACER
73

Lodged Proposed Document

June 25, 2021 PACER
74

Order on Motion for Leave to File Excess Pages

June 28, 2021 PACER
75

Reply to Response to Motion

June 28, 2021 PACER
76

~Util - Set Deadlines AND Order

Nov. 3, 2021 PACER
77

Supplement

Nov. 24, 2021 PACER
78

Supplement

Dec. 8, 2021 PACER
79

Declaration

Dec. 8, 2021 PACER
80

Supplement

Dec. 16, 2021 PACER
81

Order on Motion to Dismiss for Failure to State a Claim

Jan. 31, 2022 RECAP
82

Clerks Judgment

Jan. 31, 2022 PACER
83

Notice of Attorney Withdrawal (No Longer with Firm Only)

March 1, 2022 PACER
84

Notice of Appeal

March 1, 2022 PACER
85

USCA Case Number

March 3, 2022 PACER
86

Notice of Change of Address/Firm Name (Attorney)

April 26, 2022 PACER
87

Notice of Change of Address/Firm Name (Attorney)

April 26, 2022 PACER

State / Territory: Arizona

Case Type(s):

Prison Conditions

Key Dates

Filing Date: June 15, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All prisoners of the Arizona Department of Corrections, Rehabilitation & Reentry, who are or may be placed by the Department in a private prison for incarceration. The complaint does not specify class size but the Department currently incarcerates 7,922 people in private prisons.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Director , State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process: Substantive Due Process

Equal Protection

Slavery/Involuntary servitude

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Forced labor

Type of Facility:

Non-government for profit