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/


Documents in the Clearinghouse

Documents in this case

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 Oct. 4, 2026, 4:34 a.m.

Docket for: Nielsen v. Shinn
ECF Number Date Description Link
1 June 15, 2020

*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)

RECAP
2 June 15, 2020

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)

RECAP
3 June 15, 2020

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

RECAP
June 17, 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

Remark re Pro Hac Vice Motion

4 June 18, 2020

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)

RECAP
5 June 19, 2020

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)

RECAP
June 22, 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

Remark re Pro Hac Vice Motion

6 June 26, 2020

* 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)

RECAP
July 2, 2020

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

July 2, 2020

Notice of Request for E-Notices

7 Aug. 17, 2020

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)

RECAP
8 Aug. 21, 2020

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)

RECAP
9 Aug. 24, 2020

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)

RECAP
Aug. 24, 2020

Notice of Deficiency (Text Only)

10 Aug. 27, 2020

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)

RECAP
11 Sept. 18, 2020

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)

RECAP
12 Sept. 18, 2020

**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)

RECAP
13 Sept. 21, 2020

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)

RECAP
Sept. 21, 2020

Notice of Deficiency (Text Only)

14 Sept. 22, 2020

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)

RECAP
15 Sept. 28, 2020

**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)

RECAP
16 Sept. 29, 2020

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)

RECAP
17 Sept. 29, 2020

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)

RECAP
18 Oct. 1, 2020

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)

RECAP
19 Oct. 5, 2020

ORDER - Defendant's Motion (doc. 18 ) is granted. On or before 11/6/20, Defendant may file a reply in support of his Motion to Dismiss (doc. 7 ). Signed by Magistrate Judge John Z. Boyle on 10/5/20. (NKS) (Entered: 10/05/2020)

RECAP
20 Nov. 4, 2020

MOTION for Leave to File Unopposed Motion for Leave to File Amicus Curiae Brief by Day 1 Alliance. (Polly, Erin) (Entered: 11/04/2020)

RECAP
21 Nov. 4, 2020

*FILED at 28 * LODGED Proposed Amicus Curiae Brief re: 20 MOTION for Leave to File Unopposed Motion for Leave to File Amicus Curiae Brief . Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Day 1 Alliance. (Polly, Erin) Modified on 11/23/2020 (SLQ). (Entered: 11/04/2020)

RECAP
22 Nov. 4, 2020

Additional Attachments to Main Document re: 20 MOTION for Leave to File Unopposed Motion for Leave to File Amicus Curiae Brief Proposed Order Granting Motion by Amicus Day 1 Alliance. (Polly, Erin) (Entered: 11/04/2020)

RECAP
23 Nov. 6, 2020

MOTION for Leave to File Excess Pages by David Shinn. (Attachments: # 1 Text of Proposed Order)(Acedo, Nicholas) (Entered: 11/06/2020)

RECAP
24 Nov. 6, 2020

*FILED at 29 * LODGED Proposed re: 23 MOTION for Leave to File Excess Pages . Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by David Shinn. (Acedo, Nicholas) Modified on 11/23/2020 (SLQ). (Entered: 11/06/2020)

RECAP
25 Nov. 6, 2020

**WITHDRAWN per Doc 26 ** LODGED Proposed Re: Reply in Support of Motion to Dismiss re: 23 MOTION for Leave to File Excess Pages. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by David Shinn. (Acedo, Nicholas) Modified on 11/10/2020 (DXD). (Entered: 11/06/2020)

RECAP
Nov. 6, 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

Remark re Pro Hac Vice Motion

26 Nov. 9, 2020

WITHDRAWAL OF DOCUMENT re: 25 Lodged Proposed Document by Defendant David Shinn. (Acedo, Nicholas) (Entered: 11/09/2020)

RECAP
27 Nov. 23, 2020

ORDER - IT IS ORDERED:1. Day 1 Alliance's Motion (doc. 20 ) is granted. The Clerk is directed to file their Amicus Curiae Brief lodged at Doc. 21 . 2. Defendant's Motion (doc. 23 ) is granted. The Clerk is directed to file his Reply in Support of the Motion to Dismiss (doc. 7 ), lodged at Doc. 24 . Signed by Magistrate Judge John Z Boyle on 11/20/20. (SLQ) (Entered: 11/23/2020)

RECAP
28 Nov. 23, 2020

BRIEF by Amicus Day 1 Alliance. (SLQ) (Entered: 11/23/2020)

RECAP
29 Nov. 23, 2020

REPLY to Response to Motion re: 7 MOTION to Dismiss for Failure to State a Claim filed by David Shinn. (SLQ) (Entered: 11/23/2020)

RECAP
30 Jan. 21, 2021

*NOTICE OF ATTORNEY'S CHANGE OF ADDRESS/FIRM NAME by Erin Palmer Polly. (Polly, Erin) *Modified to reflect Local Rule violation on 1/26/2021 (SST). (Entered: 01/21/2021)

RECAP
32 Jan. 21, 2021

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)

RECAP
31 Jan. 26, 2021

NOTICE of Attorney Withdrawal of Katherine L. Hanna filed by Nicholas Daniel Acedo. (Acedo, Nicholas) (Entered: 01/26/2021)

RECAP
Jan. 26, 2021

Notice of Deficiency (Text Only)

33 Feb. 4, 2021

NOTICE re: of Supplemental Authority by Arizona State Conference of the National Association for the Advancement of Colored People, Brian Boudreaux, Terry Brownell, Joseph Bulen, Day 1 Alliance, Larry Hilgendorf, Jeffrey Nielsen . (Dacey, John) (Entered: 02/04/2021)

RECAP
34 Feb. 5, 2021

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)

RECAP
Feb. 5, 2021

Notice of Deficiency (Text Only)

35 Feb. 11, 2021

RESPONSE re: 33 Notice (Other) Re: Defendant's Response to Plaintiffs' Notice of Supplemental Authority by Defendant David Shinn. (Acedo, Nicholas) (Entered: 02/11/2021)

RECAP
36 March 4, 2021

ORDER OF RECUSAL - this case be reassigned, by lot, to another Judge in the District of Arizona. FURTHER ORDERED that this matter has been reassigned by random lot to the Honorable Douglas L. Rayes. All future pleadings and papers submitted for filing shall bear the following complete case number: CV-20-1182-PHX-DLR (JZB). Signed by Chief Judge G. Murray Snow on 3/4/21. (NKS) (Entered: 03/04/2021)

RECAP
37 March 8, 2021

ORDER - The reference to the Magistrate Judge is withdrawn as to Defendant's Motion to Dismiss (Doc. 7 ) and the Motion is granted. Within 30 days from the date this Order is filed, Plaintiffs may file a First Amended Complaint. The Clerk shall enter judgment of dismissal of this action with prejudice if Plaitniff fails to comply. Signed by Judge Douglas L Rayes on 3/5/21. (DXD) (Entered: 03/08/2021)

RECAP
38 April 6, 2021

AMENDED COMPLAINT against All Defendants filed by Jeffrey Nielsen, Arizona State Conference of the National Association for the Advancement of Colored People, Brian Boudreau. (Attachments: # 1 Index to Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H)(Hoppe, Lousene) (Entered: 04/06/2021)

RECAP
39 April 16, 2021

First MOTION for Extension of Time to File Answer as to 38 Amended Complaint (Unopposed) by David Shinn. (Attachments: # 1 Text of Proposed Order)(Acedo, Nicholas) *Modified to correct event on 4/16/2021 (DXD). (Entered: 04/16/2021)

RECAP
40 April 16, 2021

ORDER granting 39 Motion for Extension of Time to Answer. Defendant shall have up to, and including 5/4/2021 to file a response to Plaintiffs Amended Complaint. Signed by Magistrate Judge John Z Boyle on 4/16/21. (DXD) (Entered: 04/16/2021)

RECAP
41 May 4, 2021

MOTION to Dismiss for Failure to State a Claim by David Shinn. (Acedo, Nicholas) (Entered: 05/04/2021)

RECAP
42 May 5, 2021

Additional Attachments to Main Document re: 41 MOTION to Dismiss for Failure to State a Claim Re: Certificate of Conferral by Defendant David Shinn. (Acedo, Nicholas) (Entered: 05/05/2021)

RECAP
43 May 5, 2021

Additional Attachments to Main Document re: 41 MOTION to Dismiss for Failure to State a Claim Re: Exhibit 1 to Defendant's Motion to Dismiss (Dkt. 41) by Defendant David Shinn. (Acedo, Nicholas) (Entered: 05/05/2021)

RECAP
44 May 11, 2021

MOTION for Extension of Time to File Response/Reply as to 41 MOTION to Dismiss for Failure to State a Claim by Arizona State Conference of the National Association for the Advancement of Colored People, Brian Boudreau, Jeffrey Nielsen. (Attachments: # 1 Text of Proposed Order)(Hoppe, Lousene) (Entered: 05/11/2021)

RECAP
45 May 13, 2021

ORDER granting 44 Motion for Extension of Time to File Response. Plaintiffs shall have up to, and including, 6/2/21 to file a response to Defendant's Motion to Dismiss (Doc. 41 ). Signed by Magistrate Judge John Z Boyle on 5/13/21. (DXD) (Entered: 05/13/2021)

RECAP
May 13, 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

Remark re Pro Hac Vice Motion

June 1, 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

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

Remark re Pro Hac Vice Motion

46 June 2, 2021

MOTION for Leave to File Excess Pages for Plaintiffs' Opposition to Defendant's Second Motion to Dismiss by Arizona State Conference of the National Association for the Advancement of Colored People, Brian Boudreau, Jeffrey Nielsen. (Attachments: # 1 Text of Proposed Order)(Hoppe, Lousene) (Entered: 06/02/2021)

RECAP
47 June 2, 2021

*Filed at 49 pursuant to 48 Order -- LODGED Proposed Plaintiffs' Opposition to Defendant's Second Motion to Dismiss re: 46 MOTION for Leave to File Excess Pages for Plaintiffs' Opposition to Defendant's Second 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 Boudreau, Jeffrey Nielsen. (Hoppe, Lousene) *Modified on 6/2/2021 (WLP). (Entered: 06/02/2021)

RECAP
48 June 2, 2021

ORDER - IT IS ORDERED: Plaintiffs' Motion (doc. 46 ) is granted. The Clerk is directed to file Plaintiffs' proposed Response in Opposition to Defendants' Motion to Dismiss (lodged at doc. 47 ). Signed by Magistrate Judge John Z Boyle on 6/2/2021. (WLP) (Entered: 06/02/2021)

RECAP
49 June 2, 2021

RESPONSE in Opposition re: 41 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 Boudreau, Jeffrey Nielsen. (WLP) (Entered: 06/02/2021)

RECAP
50 June 2, 2021

*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 by Florence Immigrant & Refugee Rights Project Incorporated. (Gradilla, Miguel) *Modified to reflect Local Rule violation on 6/3/2021 (SST). (Entered: 06/02/2021)

RECAP
51 June 2, 2021

FILED at 55 pursuant to 54 Order -- LODGED Proposed Brief of Florence Immigrant & Refugee Rigts Project and American Immigration Lawyers Association, Arizona Chapter, as Amici Curiae in Support of Plaintiffs 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 . Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Florence Immigrant & Refugee Rights Project Incorporated. (Gradilla, Miguel) *Modified to reflect Local Rule violation on 6/3/2021 (SST). *Modified on 6/3/2021 (MHW). (Entered: 06/02/2021)

RECAP
52 June 3, 2021

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)

RECAP
53 June 3, 2021

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)

RECAP
54 June 3, 2021

ORDER - IT IS ORDERED: FIRRP's and AILA-AZ's Motion (doc. 50 ) is granted. The Clerk is directed to file FIRRP's and AILA-AZ's Amicus Curiae Brief (lodged at doc. 51). See document for complete details. Signed by Magistrate Judge John Z Boyle on 06/03/2021. (MHW) (Entered: 06/03/2021)

RECAP
55 June 3, 2021

AMICI CURIAE BRIEF by Amicus Parties Florence Immigrant & Refugee Rights Project Incorporated, American Immigration Lawyers Association, Arizona Chapter. (MHW) (Entered: 06/03/2021)

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56 June 3, 2021

First MOTION for Leave to File Motion for Leave to File Amicus by LatinoJustice PRLDEF. (Attachments: # 1 Exhibit Proposed Amicus Motion, # 2 Exhibit Proposed Order)(Case, Andrew) (Entered: 06/03/2021)

RECAP
57 June 3, 2021

*Filed at 59 pursuant to 58 Order -- LODGED Proposed Proposed Amicus re: 56 First MOTION for Leave to File Motion for Leave to File Amicus . Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by LatinoJustice PRLDEF. (Case, Andrew) *Modified on 6/4/2021 (WLP). (Entered: 06/03/2021)

RECAP
June 3, 2021

Notice of Deficiency (Text Only)

58 June 4, 2021

ORDER - LatinoJustice's Motion (doc. 56 ) is granted. The Clerk is directed to file LatinoJustice's Amicus Curiae Brief (lodged at doc. 57 ). Signed by Magistrate Judge John Z Boyle on 6/3/2021. (WLP) (Entered: 06/04/2021)

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59 June 4, 2021

AMICUS CURIAE BRIEF by Amicus LatinoJustice PRLDEF. (WLP) (Entered: 06/04/2021)

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60 June 7, 2021

First MOTION for Extension of Time to File Response/Reply as to 41 MOTION to Dismiss for Failure to State a Claim (Unopposed) by David Shinn. (Attachments: # 1 Text of Proposed Order)(Acedo, Nicholas) *Modified linkage on 6/8/2021 (DXD). (Entered: 06/07/2021)

RECAP
61 June 9, 2021

ORDER granting 60 Motion for Extension of Time to File Reply. Defendant shall have up to, and including, 6/24/2021 to file his reply to Motion to Dismiss for Failure to State a Claim (Doc. 41 ). Signed by Magistrate Judge John Z Boyle on 6/8/21. (DXD) (Entered: 06/09/2021)

RECAP
62 June 14, 2021

NOTICE of Errata re: 59 Brief (Non Appeal) by Amicus LatinoJustice PRLDEF.. (Attachments: # 1 Exhibit)(Case, Andrew) (Entered: 06/14/2021)

RECAP
63 June 21, 2021

MOTION for Leave to File Amici Brief by The Center for Social Concerns at the University of Notre Dame, Network Lobby for Catholic Social Justice, Faith in Action, Michael Hebbeler, Georges Enderle. (Burrell, Roger) (Entered: 06/21/2021)

RECAP
64 June 21, 2021

*FILED at 67 pursuant to 66 Order -- LODGED Proposed Amici Brief re: 63 MOTION for Leave to File Amici Brief . Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Georges Enderle, Faith in Action, Michael Hebbeler, Network Lobby for Catholic Social Justice, The Center for Social Concerns at the University of Notre Dame. (Burrell, Roger) *Modified on 6/24/2021 (MHW). (Entered: 06/21/2021)

RECAP
65 June 23, 2021

Second MOTION for Extension of Time to File Response/Reply as to 41 MOTION to Dismiss for Failure to State a Claim (Unopposed) by David Shinn. (Attachments: # 1 Text of Proposed Order)(Acedo, Nicholas) (Entered: 06/23/2021)

RECAP
66 June 24, 2021

ORDER - IT IS ORDERED: Amici's Motion (doc. 63 ) is granted. The Clerk is directed to file movant's Amicus Curiae Brief (lodged at doc. 64). Defendant's Motion (doc. 65 ) is granted. Defendant Shinn may file his reply in support of the Motion to Dismiss on or before June 25, 2021. See document for complete details. Signed by Magistrate Judge John Z Boyle on 06/24/2021. (MHW) (Entered: 06/24/2021)

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67 June 24, 2021

AMICI BRIEF by Amicus The Center for Social Concerns at the University of Notre Dame. (MHW) (Entered: 06/24/2021)

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68 June 24, 2021

*First MOTION to File Amicus Curiae by Amici Law Professors and Law Students from Arkansas. (Attachments: # 1 Text of Proposed Order)(Pritchard, Amy) *Modified to correct text on 6/25/2021 (MAP). (Entered: 06/24/2021)

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69 June 24, 2021

*Filed at 71 per Order 70 *LODGED Proposed Amicus Curiae Brief re: 68 First MOTION to File Amicus Curiae . Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Amici Law Professors and Law Students from Arkansas. (Pritchard, Amy) Modified on 6/25/2021 (REK). (Entered: 06/24/2021)

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June 24, 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

Remark re Pro Hac Vice Motion

70 June 25, 2021

ORDER: Amici's Motion 68 is granted. The Clerk is directed to file Amici's proposed Amicus Curiae Brief (lodged at doc. 69 ). Signed by Magistrate Judge John Z Boyle on 6/25/2021. (REK) (Entered: 06/25/2021)

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71 June 25, 2021

AMICUS CURIAE BRIEF by Amicus Amici Law Professors and Law Students from Arkansas. (REK) (Entered: 06/25/2021)

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72 June 25, 2021

MOTION for Leave to File Excess Pages for Reply in Support of Motion to Dismiss Amended Complaint by David Shinn. (Attachments: # 1 Text of Proposed Order)(Acedo, Nicholas) (Entered: 06/25/2021)

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73 June 25, 2021

*FILED at 75 pursuant to 74 Order -- LODGED Proposed Reply in Support of Motion to Dismiss Amended Complaint re: 72 MOTION for Leave to File Excess Pages for Reply in Support of Motion to Dismiss Amended Complaint . Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by David Shinn. (Acedo, Nicholas) *Modified on 6/28/2021 (MHW). (Entered: 06/25/2021)

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74 June 28, 2021

ORDER - IT IS ORDERED: Defendant's Motion (doc. 72) is granted. The Clerk is directed to file Defendant's proposed Reply (lodged at doc. 73 ). See document for complete details. Signed by Magistrate Judge John Z Boyle on 06/28/2021. (MHW) (Entered: 06/28/2021)

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75 June 28, 2021

REPLY in Support of Motion 41 MOTION to Dismiss for Failure to State a Claim filed by David Shinn. (MHW) (Entered: 06/28/2021)

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76 Nov. 3, 2021

ORDER that within 21 days of the date of this Order, Defendant must file a supplemental brief addressing the issue of standing. Plaintiffs must file a response within 14 days after service of Defendant's supplemental brief. Within 7 days after service of Plaintiff's responsive brief, Defendant may file a reply brief. Signed by Judge Douglas L Rayes on 11/03/2021. (REK) (Entered: 11/03/2021)

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77 Nov. 24, 2021

SUPPLEMENT Defendant's Supplemental Brief Re: Standing re: 76 Order, Set Deadlines by Defendant David Shinn. (Acedo, Nicholas) (Entered: 11/24/2021)

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78 Dec. 8, 2021

SUPPLEMENT Plaintiff's Supplemental Brief Regarding Standing re: 76 Order, Set Deadlines by Plaintiffs Arizona State Conference of the National Association for the Advancement of Colored People, Brian Boudreau, Jeffrey Nielsen. (Hoppe, Lousene) (Entered: 12/08/2021)

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79 Dec. 8, 2021

DECLARATION of Dianne Post in Support of Plaintiffs' Supplemental Brief Regarding Standing re: 78 Supplement by Plaintiffs Arizona State Conference of the National Association for the Advancement of Colored People, Brian Boudreau, Jeffrey Nielsen. (Hoppe, Lousene) (Entered: 12/08/2021)

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80 Dec. 15, 2021

SUPPLEMENT Defendant's Reply in Support of Supplemental Brief Re: Standing re: 77 Supplement, 76 Order, Set Deadlines, 78 Supplement by Defendant David Shinn. (Acedo, Nicholas) (Entered: 12/15/2021)

RECAP

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