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/


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Documents in the Clearinghouse

Document

2:20-cv-01182

Civil Docket for Case #: 2:20-cv-01182-GMS-JZB

Nielsen v. Shinn

Oct. 1, 2020

Oct. 1, 2020

Docket
1

2:20-cv-01182

Class Action Complaint for Declaratory and Injunctive Relief

June 15, 2020

June 15, 2020

Complaint
17

2:20-cv-01182

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

Sept. 29, 2020

Sept. 29, 2020

Pleading / Motion / Brief

Docket

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

Last updated June 27, 2026, 6:30 a.m.

ECF Number Description Date Link 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

June 15, 2020

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

June 15, 2020

3

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

June 15, 2020

June 15, 2020

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

June 17, 2020

Remark re Pro Hac Vice Motion

June 17, 2020

June 17, 2020

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

June 18, 2020

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

June 19, 2020

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

June 22, 2020

Remark re Pro Hac Vice Motion

June 22, 2020

June 22, 2020

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

June 26, 2020

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

July 2, 2020

July 2, 2020

Notice of Request for E-Notices

July 2, 2020

July 2, 2020

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

Aug. 17, 2020

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

Aug. 21, 2020

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

Aug. 24, 2020

Notice of Deficiency (Text Only)

Aug. 24, 2020

Aug. 24, 2020

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

Aug. 27, 2020

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

Sept. 18, 2020

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

Sept. 18, 2020

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

Sept. 21, 2020

Notice of Deficiency (Text Only)

Sept. 21, 2020

Sept. 21, 2020

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

Sept. 22, 2020

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

Sept. 28, 2020

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

Sept. 29, 2020

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

Sept. 29, 2020

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

Oct. 1, 2020

Remark: Pro hac vice motion(s) granted for Terrence M McKelvey, Erin Palmer Polly, Joseph F Welborn, III on behalf of Amicus Day 1 Alliance. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Nov. 6, 2020

Nov. 6, 2020

Remark re Pro Hac Vice Motion

Nov. 6, 2020

Nov. 6, 2020

32

NOTICE TO FILER OF DEFICIENCY re: 30 Notice of Change of Address/Firm Name (Attorney) filed by Day 1 Alliance. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. No further action is required. Please do not refile. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SST) (Entered: 01/26/2021)

Jan. 21, 2021

Jan. 21, 2021

Notice of Deficiency (Text Only)

Jan. 26, 2021

Jan. 26, 2021

34

NOTICE TO FILER OF DEFICIENCY re: 33 Notice. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. Please correct future pleadings. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DXD) (Entered: 02/05/2021)

Feb. 5, 2021

Feb. 5, 2021

Notice of Deficiency (Text Only)

Feb. 5, 2021

Feb. 5, 2021

Remark: Pro hac vice motion(s) granted for Andrew Claude Case on behalf of Amicus LatinoJustice PRLDEF. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (WLP)

May 13, 2021

May 13, 2021

Remark re Pro Hac Vice Motion

May 13, 2021

May 13, 2021

Remark: Pro hac vice motion(s) granted for Miguel Angel Gradilla, William James Cooper, Elizabeth A Kim on behalf of Amicus Florence Immigrant & Refugee Rights Project Incorporated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

June 1, 2021

June 1, 2021

Remark: Pro hac vice motion(s) granted for Mark R Conrad on behalf of Amicus Florence Immigrant & Refugee Rights Project Incorporated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

June 1, 2021

June 1, 2021

Remark re Pro Hac Vice Motion

June 1, 2021

June 1, 2021

52

NOTICE TO FILER OF DEFICIENCY re: 50 MOTION for Leave to File Unopposed Motion for Leave to File Brief of Amici Curiae Florence Immigrant & Refugee Rights Project and American Immigration Lawyers Association, Arizona Chapter, In Support of Plaintiffs filed by Florence Immigrant & Refugee Rights Project Incorporated. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. No further action is required. Please do not refile. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SST) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

53

NOTICE TO FILER OF DEFICIENCY re: 51 Lodged Proposed Document filed by Florence Immigrant & Refugee Rights Project Incorporated. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. No further action is required. Please do not refile. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SST) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

Notice of Deficiency (Text Only)

June 3, 2021

June 3, 2021

Remark: Pro hac vice motion(s) granted for Amy Pritchard on behalf of Amicus Amici Law Professors and Law Students from Arkansas. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (WLP)

June 24, 2021

June 24, 2021

Remark re Pro Hac Vice Motion

June 24, 2021

June 24, 2021

Case Details

State / Territory:

Arizona

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

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

State

Director

Defendant Type(s):

Corrections

Facility Type(s):

Non-government for-profit

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

Other Dockets:

District of Arizona 2:20-cv-01182

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Granted:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Forced labor

Recommended Citation