Case: Capel v. McCarthy

2:77-cv-00118 | U.S. District Court for the District of Nevada

Filed Date: July 15, 1977

Closed Date: 1987

Clearinghouse coding complete

Case Summary

On July 15, 1977, inmates of the Clark County Jail in Las Vegas, Nevada, filed a class action lawsuit under 42 U.S.C. §1983 against the Las Vegas Metropolitan Police Commission in the U.S. District Court for the District of Nevada. The plaintiffs, represented by the federal public defender, alleged that their constitutional rights had been violated by confinement in conditions that were oppressive, barbaric, degrading, and dangerous to their lives, health, and safety. On August 11, 1977, the …

On July 15, 1977, inmates of the Clark County Jail in Las Vegas, Nevada, filed a class action lawsuit under 42 U.S.C. §1983 against the Las Vegas Metropolitan Police Commission in the U.S. District Court for the District of Nevada. The plaintiffs, represented by the federal public defender, alleged that their constitutional rights had been violated by confinement in conditions that were oppressive, barbaric, degrading, and dangerous to their lives, health, and safety.

On August 11, 1977, the U.S. District Court for the District of Nevada (Judge Roger D. Foley) certified two classes of plaintiffs: a class of pretrial detainees and a class of convicted inmates. On February 21, 1978, the district court granted the United States permission to intervene as a party plaintiff in the case. On October 23, 1978, the district court (Judge Foley) issued a consent decree in the case. We have no copy of this consent decree, but we know that it provided for changes in classification procedures.

On February 29, 1980, the plaintiffs asked the district court to order the defendants to lower the population levels at the jail. On August 22, 1980, the district court (Judge Foley) issued an injunction setting the population cap for the jail at 178 inmates. The district court ordered the city to lower the jail population to that level within six months and ordered all Nevada state judges to observe this order. West v. Lamb, 497 F.Supp 989 (D.Nev. 1980).

On June 27, 1987, the district court (Judge Foley) dissolved the consent decree and dismissed the case.

Summary Authors

Kristen Sagar (10/13/2006)

People


Judge(s)

Foley, Roger D. (Nevada)

Attorneys(s) for Plaintiff

Adams, Brent T. (Nevada)

Boston, John (New York)

Brown, B. Mahlon III (Nevada)

Cory, Kenneth C. (Nevada)

Goodman, Oscar B. (Nevada)

Ory, Charles (District of Columbia)

Shinbaum, Richard D. (Alabama)

Attorneys(s) for Defendant

Hauser, Charles K. (Nevada)

Howard, John H. Jr. (Nevada)

Judge(s)

Foley, Roger D. (Nevada)

Attorneys(s) for Plaintiff

Adams, Brent T. (Nevada)

Boston, John (New York)

Brown, B. Mahlon III (Nevada)

Cory, Kenneth C. (Nevada)

Goodman, Oscar B. (Nevada)

Ory, Charles (District of Columbia)

Shinbaum, Richard D. (Alabama)

Attorneys(s) for Defendant

Hauser, Charles K. (Nevada)

Howard, John H. Jr. (Nevada)

Lang, Gary D. (Nevada)

Miller, Robert J. (Nevada)

Nelson, Marta (District of Columbia)

Ogilivie, George F. (Nevada)

Parry, Stanley W. (Nevada)

Weger, Charles (Nevada)

Documents in the Clearinghouse

Document

2:77-cv-00118

Docket

Aug. 9, 1989

Aug. 9, 1989

Docket
181

2:77-cv-00118

Order

Aug. 24, 1979

Aug. 24, 1979

Order/Opinion

2:77-cv-00118

Supplement to Section A-3 of the Implementation Plan to the Consent Decree

Aug. 30, 1979

Aug. 30, 1979

Settlement Agreement

2:77-cv-00118

Memorandum: ""Supplement to Section A-3 of the Implementation Plan to the Consent Decree"".

Aug. 30, 1979

Aug. 30, 1979

Correspondence
336

2:77-cv-00118

Order Dissolving Consent Decree and Entering Final Judgment

June 23, 1987

June 23, 1987

Order/Opinion

2:77-cv-00118

Order Fixing Maximum Inmate Population for Las Vegas Metropolitan Police Dept. Jails and Requiring substantially full compliance with consent decree

West v. Lamb

497 F.Supp. 989

Aug. 22, 1990

Aug. 22, 1990

Order/Opinion

2:77-cv-00118

Correspondence re: Capel v. Lamb County Jail, CA#LV 77-118 RDF (D. Nev.)

Nov. 24, 1997

Nov. 24, 1997

Notice Letter

Resources

Docket

Last updated July 23, 2022, 3:08 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Nevada

Case Type(s):

Jail Conditions

Key Dates

Filing Date: July 15, 1977

Closing Date: 1987

Case Ongoing: No

Plaintiffs

Plaintiff Description:

pretrial detainees and convicted inmates of jails in Clark County, Nevada

Public Interest Lawyer: Yes

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Las Vegas Metropolitan Police Dept. Jail System (Las Vegas , Clark), City

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Due Process: Substantive Due Process

Availably Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

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: 1978 - 1987

Issues

General:

Assault/abuse by residents/inmates/students

Assault/abuse by staff

Bathing and hygiene

Classification / placement

Fire safety

Food service / nutrition / hydration

Personal injury

Racial segregation

Recreation / Exercise

Rehabilitation

Religious programs / policies

Sanitation / living conditions

Sexual abuse by residents/inmates

Totality of conditions

Visiting

Youth / Adult separation

Crowding:

Crowding / caseload

Pre-PLRA Population Cap

Discrimination-basis:

Race discrimination

Medical/Mental Health:

Medical care, general

Mental health care, general

Type of Facility:

Government-run