Case: Johnson v. Upchurch

4:86-cv-00195 | U.S. District Court for the District of Arizona

Filed Date: April 6, 1986

Clearinghouse coding complete

Case Summary

On April 6, 1986, inmates at Catalina Mountain Juvenile Institution (now known as Catalina Mountain School) near Tucson, Arizona, filed a lawsuit under 42 U.S.C. § 1983 and the Education for the Handicapped Act against the former and acting superintendents of Catalina Mountain Juvenile Institution; the acting superintendent of Catalina Mountain; the director of the Arizona Department of Corrections; and the director of Juvenile Services for the Arizona Department of Corrections. The suit was f…

On April 6, 1986, inmates at Catalina Mountain Juvenile Institution (now known as Catalina Mountain School) near Tucson, Arizona, filed a lawsuit under 42 U.S.C. § 1983 and the Education for the Handicapped Act against the former and acting superintendents of Catalina Mountain Juvenile Institution; the acting superintendent of Catalina Mountain; the director of the Arizona Department of Corrections; and the director of Juvenile Services for the Arizona Department of Corrections. The suit was filed in the U.S. District Court for the District of Arizona.

The plaintiffs, who were represented by the National Center for Youth Law and private counsel, filed a Sixth Amended Complaint on April 9, 1990, and asked the court for declaratory and injunctive relief, alleging the defendants' treatment and policies violated the juveniles' constitutional rights. The plaintiffs sought to change confinement practices and to require adequate procedural protections prior to inflicting harsh and cruel punishments. They also sought to require medical care and adequate educational programs, and to evaluate juveniles for handicapping conditions in accordance with the Education for the Handicapped Act. Finally, the plaintiffs sought to change the defendants' interference with the juveniles' access to legal counsel and their restrictive visitation policies. In addition, certain plaintiffs asked certain defendants for damages.

The parties entered into a Consent Decree on May 6, 1993, in the U.S. District Court for the District of Arizona. The court (Judge Richard M. Bilby) issued an injunction to last four years. It required the defendants to house juveniles in the least restrictive environment and instituted population limitations. It further required defendants to form an individual treatment plan for each inmate, and to provide medical, dental, and psychiatric care. It provided guidelines for educational assessments, progress monitoring, and work programs. Finally, it prohibited arbitrary punishments. The Consent Decree provided for monitoring through a committee, which would conduct inspections and issue written reports on the progress.

On April 15, 1996, the court (Judge Bilby) issued an order finding the Arizona Department of Juvenile Corrections out of compliance with the Consent Decree, in that the Department failed to adhere to the Decree's requirements limiting the population in juvenile facilities to designated levels and demanding the approval of the monitoring committee before increasing the total number of beds. The court ordered the Department to resolve this matter within 30 days. Compliance reports continued to be filed with the court and the docket continues through June 2000.

Summary Authors

Laura Uberti (5/17/2006)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/8668733/parties/johnson-v-state-of-az/


Judge(s)

Bilby, Richard Mansfield (Arizona)

Whaley, Robert H. (Washington)

Attorneys(s) for Plaintiff

Demchak, Teresa (California)

Lambert, David Lee (California)

McIlvain, Grace (Arizona)

Pearl, Richard M (California)

Attorneys(s) for Defendant

Albrecht, Richard (Arizona)

Brekke, Dean Edward (Arizona)

Dennis, Thomas John (Arizona)

Goodman, Louis Earl (California)

Judge(s)

Bilby, Richard Mansfield (Arizona)

Whaley, Robert H. (Washington)

Attorneys(s) for Plaintiff

Demchak, Teresa (California)

Lambert, David Lee (California)

McIlvain, Grace (Arizona)

Pearl, Richard M (California)

Attorneys(s) for Defendant

Albrecht, Richard (Arizona)

Brekke, Dean Edward (Arizona)

Dennis, Thomas John (Arizona)

Goodman, Louis Earl (California)

Lebowitz, Ronald A (Arizona)

Other Attorney(s)

Cooper, Charles Justin (District of Columbia)

Flores, Lisa Daniel (Arizona)

Hauser, Lisa Tewksbury (Arizona)

Kirk, Michael W. (District of Columbia)

Thomas, Andrew Peyton (Arizona)

Documents in the Clearinghouse

Document

4:86-cv-00195

Docket [PACER]

Johnson v. State of AZ

June 28, 2000

June 28, 2000

Docket
241

4:86-cv-00195

Corrected Sixth Amended Complaint

April 9, 1990

April 9, 1990

Complaint
366

4:86-cv-00195

Consent Decree

May 5, 1993

May 5, 1993

Order/Opinion
392

4:86-cv-00195

Order re: Consent Decree Population Limitations

April 15, 1996

April 15, 1996

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/8668733/johnson-v-state-of-az/

Last updated Aug. 11, 2022, 2:45 p.m.

ECF Number Description Date Link Date / Link
7

Motion by Matthew Davey Johnson for preliminary injunction (former emp) (Entered: 09/23/1986)

Sept. 15, 1986

Sept. 15, 1986

PACER
14

Motion by Matthew Davey Johnson for order to allow experts to inspect premises, exam or meet with plaintiff and review file. (former emp) (Entered: 09/23/1986)

Sept. 22, 1986

Sept. 22, 1986

PACER
17

ORDER for habeas corpus ad testificandum by Judge Richard M. Bilby that dft prdc pla Matt Johnson, Paul Perguson & Omar Shaheed for tstmny @ the hrng in this crt for 9/26/86 @ 9:00am.(cc:USM, Catalina Mt Sch, RMB) (former emp) (Entered: 09/25/1986)

Sept. 23, 1986

Sept. 23, 1986

PACER
18

Defendants' submission of crt ordered reports. (former emp) (Entered: 09/25/1986)

Sept. 23, 1986

Sept. 23, 1986

PACER
20

M/E: (RMB) Hrng held in re: appointmnt of Psychiatrist & Religious Counselor. ORDERED mtn is granted as to Dr. Flynn and denied without prej as to religous counselor. ORDERED Dr Flynn shall be allowed the following: (see order for further details) Dr Flynn's rprt shall b/fld w/the Court by 12:00 on 9/25/86. (cc:McIlvain, Albrecht, RMB) (former emp) (Entered: 09/25/1986)

Sept. 24, 1986

Sept. 24, 1986

PACER
19

Response by James R Upchurch, AZ to motion for preliminary injunction [7-1] (former emp) Modified on 10/01/1986 (Entered: 09/25/1986)

Sept. 24, 1986

Sept. 24, 1986

PACER
21

Defendant submission of crt ordered rprt Alayne Yates, M.D. (FILED UNDER SEAL) (former emp) Modified on 09/29/1986 (Entered: 09/25/1986)

Sept. 24, 1986

Sept. 24, 1986

PACER

Writ of Habeas Corpus issued (former emp)

Sept. 25, 1986

Sept. 25, 1986

PACER
22

Pla submission of crt ordered report of Dr Todd Flynn, Psychologist. (FILED UNDER SEAL) (former emp) Modified on 09/29/1986 (Entered: 09/26/1986)

Sept. 25, 1986

Sept. 25, 1986

PACER
23

Reply memo by Matthew Davey Johnson to response to motion for preliminary injunction [7-1] (former emp) Modified on 10/01/1986 (Entered: 09/26/1986)

Sept. 25, 1986

Sept. 25, 1986

PACER
24

Dft submission of court ordered rprt by Dr. Philip Giles (FILED UNDER SEAL). (former emp) Modified on 09/29/1986 (Entered: 09/26/1986)

Sept. 25, 1986

Sept. 25, 1986

PACER
25

Notice of service by James R Upchurch, of rspns to rqst for prdctn of dcmnts. (former emp) (Entered: 09/26/1986)

Sept. 25, 1986

Sept. 25, 1986

PACER
26

Notice by James R Upchurch, of filing attachmnt to rspns to mtn for prlmnr injctn. (former emp) (Entered: 09/26/1986)

Sept. 25, 1986

Sept. 25, 1986

PACER
27

M/E: ORDERED the rpt sbmtd by Dr. Todd Flynn & Dr. Philip Giles be sealed. (cc:McIlvan, Albrecht, RMB) (former emp) (Entered: 09/29/1986)

Sept. 29, 1986

Sept. 29, 1986

PACER

M/E: hearing re motion for preliminary injunction [7-1] held on 9/26/86. John Davis Crt rptr. Crt hvng been advsd by cnsl that an agrmnt had been reached, ORDER the hrng for prlim injunc is recessed indefinitely sbjct to ntfctn of the crt by cnsl. Cnsl shall sbmt stip to the crt for rvw. (cc: McIlvain, Albrecht, RMB) (former emp)

Sept. 29, 1986

Sept. 29, 1986

PACER
29

M/E: ORDERED the report of Alayne Yates, M.D. BE FLD UNDER SEAL. (former emp) (Entered: 09/29/1986)

Sept. 29, 1986

Sept. 29, 1986

PACER

LODGED: Interim Order re motion for preliminary injunction [7-1], motion for temporary restraining order and order to show cause. [7-1] (former emp)

Sept. 30, 1986

Sept. 30, 1986

PACER
30

INTERIM ORDER-- Richard M. Bilby 1. Hrng on the mtn for OSC, for TRO, & for prlmnry inj is recessed indefinitely. A cntnuation of the hrng will be rescheduled upon the rqst of any prty. (see ordr for details re 2-15) 16. Nothing in this ordr shall be interpreted as a waiver or stlmnt of any of pla clms in this litigation. (cc:McIlvain, Albrecht, RMB) (former emp) (Entered: 10/14/1986)

Oct. 10, 1986

Oct. 10, 1986

PACER
31

Pla agreement of non-admission re offense for whc he was sent to Catalina Mountain Juvenile Institution. (former emp) (Entered: 10/14/1986)

Oct. 14, 1986

Oct. 14, 1986

PACER
32

Notice of service by Matthew Davey Johnson of rqst for prdctn of dcmnts. (former emp) (Entered: 10/17/1986)

Oct. 16, 1986

Oct. 16, 1986

PACER
33

Notice of service by James R Upchurch et al of rspns to rqst for prdctn of dcmnts. (former emp) (Entered: 11/10/1986)

Nov. 10, 1986

Nov. 10, 1986

PACER
34

Motion by plaintiff to add parties dft, to amnd the allegations of the cmplnt & to file a 2nd amnded cmplnt. (former emp) (Entered: 11/20/1986)

Nov. 18, 1986

Nov. 18, 1986

PACER

LODGED: Order re motion to add parties dft, to amnd the allegations of the cmplnt & to file a 2nd amnded cmplnt. [34-1] (former emp)

Nov. 18, 1986

Nov. 18, 1986

PACER

LODGED: 2nd amnded complaint. (former emp)

Nov. 18, 1986

Nov. 18, 1986

PACER
35

Response by defendants to motion to add parties dft, to amnd the allegations of the cmplnt & to file a 2nd amnded [34-1] (former emp) (Entered: 11/28/1986)

Nov. 26, 1986

Nov. 26, 1986

PACER
36

Amendment of mtn, & prpsd 3rd amnded cmplnt. (former emp) (Entered: 12/03/1986)

Dec. 2, 1986

Dec. 2, 1986

PACER

LODGED: 3rd amnded cmplnt. (former emp)

Dec. 2, 1986

Dec. 2, 1986

PACER
37

Application by plaintiff of non-resident attny to appear (former emp) (Entered: 12/17/1986)

Dec. 15, 1986

Dec. 15, 1986

PACER

LODGED: Order re motion of non-resident attny to appear [37-1] (former emp)

Dec. 15, 1986

Dec. 15, 1986

PACER
38

Response by defendant to mtn to file 3rd amnded complaint. (former emp) (Entered: 12/17/1986)

Dec. 16, 1986

Dec. 16, 1986

PACER
39

Application for Limited Admissions and ORDER: by Judge Richard M. Bilby that David Lambert may appear and participate in this action as counsel for: Mathew Johnson. (cc: Albrecht McIlvain Lambert RMB) (former emp) (Entered: 12/18/1986)

Dec. 17, 1986

Dec. 17, 1986

PACER
40

M/E: granting motion amnd cmplnt. The 3rd amnded cmplnt is ordrd filed this date. FURTHER ORDRD all dscvry in this matter be cmpltd by 7/1/87 & the parties cmply w/ L/R 42c compliance deadline by 8/3/87 (cc: McIlvain Albrecht RMB) (former emp) (Entered: 01/09/1987)

Jan. 8, 1987

Jan. 8, 1987

PACER
41

Third Amended complaint. (former emp) (Entered: 01/09/1987)

Jan. 9, 1987

Jan. 9, 1987

PACER
42

Motion by defendant to dismiss 3rd amnd cmplnt (former emp) (Entered: 01/22/1987)

Jan. 21, 1987

Jan. 21, 1987

PACER
43

Stipulation re rspns to dft's mtn to dsms. (former emp) (Entered: 02/03/1987)

Feb. 2, 1987

Feb. 2, 1987

PACER

LODGED: Order re stipulation [43-1] (former emp)

Feb. 2, 1987

Feb. 2, 1987

PACER
44

ORDER by Judge Richard M. Bilby granting stipulation [43-1],The pla shall hv until 2/16/87 to file Response to motion to dismiss 3rd amnd cmplnt [42-1(cc:McIlvain Lambert Albrecht RMB) (former emp) (Entered: 02/05/1987)

Feb. 4, 1987

Feb. 4, 1987

PACER
45

Motion by plaintiff to amend complaint (4th amnd) (former emp) (Entered: 02/18/1987)

Feb. 17, 1987

Feb. 17, 1987

PACER

LODGED: Fourth amended complaint (former emp)

Feb. 17, 1987

Feb. 17, 1987

PACER
46

Motion by plaintiff to proceed in forma pauperis (former emp) (Entered: 02/18/1987)

Feb. 17, 1987

Feb. 17, 1987

PACER

LODGED: Order re motion to proceed in forma pauperis [46-1] (former emp)

Feb. 17, 1987

Feb. 17, 1987

PACER
47

Motion by plaintiff Matthew Davey Johnson to certify class action (former emp) (Entered: 02/18/1987)

Feb. 17, 1987

Feb. 17, 1987

PACER
48

Memorandum by Matthew Davey Johnson in support of motion to certify class action [47-1] (former emp) (Entered: 02/18/1987)

Feb. 17, 1987

Feb. 17, 1987

PACER
49

Motion by plaintiff Matthew Davey Johnson for leave to proceed in pseudonym (former emp) (Entered: 02/18/1987)

Feb. 17, 1987

Feb. 17, 1987

PACER

LODGED: Order re motion for leave to proceed in pseudonym [49-1] (former emp)

Feb. 17, 1987

Feb. 17, 1987

PACER
50

Response by plaintiff to motion to dismiss 3rd amnd cmplnt [42-1] (former emp) (Entered: 02/18/1987)

Feb. 17, 1987

Feb. 17, 1987

PACER
52

Notice of Hearing set motion for order reserving damages claim in the 4th amnd cmplnt. [51-1] on 4:00 3/23/87, set motion for leave to proceed in pseudonym [49-1] on 4:00 3/23/87, set motion to certify class action [47-1] on 4:00 3/23/87, set motion to proceed in forma pauperis [46-1] on 4:00 3/23/87, set motion to amend complaint (4th amnd) [45-1] on 4:00 3/23/87, set motion to dismiss 3rd amnd cmplnt [42-1] on 4:00 3/23/87 (former emp) (Entered: 02/18/1987)

Feb. 17, 1987

Feb. 17, 1987

PACER
51

Motion by plaintiff for order reserving damages claim in the 4th amnd cmplnt. (former emp) (Entered: 02/18/1987)

Feb. 18, 1987

Feb. 18, 1987

PACER
53

Notice by Richard Albrecht, of association of attorney Ronald A Lebowitz (former emp) (Entered: 03/03/1987)

March 2, 1987

March 2, 1987

PACER
54

M/E: resetting motion to amend complaint (4th amnd) [45-1] to to 3:00 4/6/87, resetting motion for order reserving damages claim in the 4th amnd cmplnt. [51-1] to 3:00 4/6/87, resetting motion to certify class action [47-1] to to 3:00 4/6/87, resetting motion to proceed in forma pauperis [46-1] to to 3:00 4/6/87, resetting motion for leave to proceed in pseudonym [49-1] to to 3:00 4/6/87, resetting motion to dismiss 3rd amnd cmplnt [42-1] to 3:00 4/6/87 (cc:McIlvain Lebowitz Albrecht Lambert RMB) (former emp) (Entered: 03/04/1987)

March 4, 1987

March 4, 1987

PACER
55

Joint mtn & stip for ext of time to rspnd to pls mtn to amnd cmplnt, etc. (former emp) (Entered: 03/09/1987)

March 5, 1987

March 5, 1987

PACER

LODGED: Order re stipulation [55-1] (former emp)

March 5, 1987

March 5, 1987

PACER
56

ORDER by Judge Richard M. Bilby Based on the stip of the parties; grntng dfts an ext of time in whc to rspnd to pla mtn to amnd the cmplnt, mtn to certify the class, mtn to prcd in f/p, mtn to prcd in pseudonym & mtn to reserve the damage clms of pla Matthrew Davey Johnson. FURTHER ORDRD granting dft an ext of time in whc to rply to pla rspns to dft mtn to dismiss 3rd amnd cmplnt [42-1]. The rspns & rply of the Dfts shall be sbmtd by 3/11/87. The pla shall sbmt their rply by 3/18/87. (cc: Lambert McIlvain Lebowitz Albrecht RMB) (former emp) (Entered: 03/10/1987)

March 10, 1987

March 10, 1987

PACER
57

Response by defendant to motion for order reserving damages claim in the 4th amnd cmplnt. [51-1] (former emp) (Entered: 03/11/1987)

March 11, 1987

March 11, 1987

PACER
58

Memorandum in sprt by defendant of rspns to pla mtn to rsrv damages. (former emp) (Entered: 03/11/1987)

March 11, 1987

March 11, 1987

PACER
59

Response by defendant to motion for leave to proceed in pseudonym [49-1], and motion to proceed in forma pauperis [46-1 (former emp) (Entered: 03/11/1987)

March 11, 1987

March 11, 1987

PACER
60

Memorandum by defendant in sprt of rspns to pla mtn for lv to prcd in pseudonym & mtn to prcd IFP. (former emp) (Entered: 03/11/1987)

March 11, 1987

March 11, 1987

PACER
61

Opposition by defendant to motion to certify class action [47-1] (former emp) (Entered: 03/11/1987)

March 11, 1987

March 11, 1987

PACER
62

Memorandum in sprt of defendant opposition to motion for class certification. (former emp) (Entered: 03/11/1987)

March 11, 1987

March 11, 1987

PACER
63

Response by defendant to motion to amend complaint (4th amnd) [45-1] (former emp) (Entered: 03/11/1987)

March 11, 1987

March 11, 1987

PACER
64

Memorandum by defendant in suprt of opstn to pla mtn to amnd cmplnt. (former emp) (Entered: 03/11/1987)

March 11, 1987

March 11, 1987

PACER
65

Motion by plaintiff for protective order (former emp) (Entered: 03/25/1987)

March 24, 1987

March 24, 1987

PACER

LODGED: Order re motion for protective order [65-1] (former emp)

March 24, 1987

March 24, 1987

PACER
66

Reply by plaintiff to response to motion to amend complaint (4th amnd) [45-1], motion to proceed in forma pauperis [46-1], motion to certify class action [47-1], motion for leave to proceed in pseudonym [49-1], motion for order reserving damages claim in the 4th amnd cmplnt. [51-1] (former emp) (Entered: 03/25/1987)

March 24, 1987

March 24, 1987

PACER
67

Motion by plaintiff for order for entry upon land. (former emp) (Entered: 03/30/1987)

March 27, 1987

March 27, 1987

PACER

LODGED: Order re motion for order for entry upon land. [67-1] (former emp)

March 27, 1987

March 27, 1987

PACER
68

Notice of service by plaintiff of 1st set of interrogs to dfts. (former emp) (Entered: 03/30/1987)

March 27, 1987

March 27, 1987

PACER
69

Opposition by defendant to motion for protective order [65-1] (former emp) (Entered: 04/02/1987)

April 1, 1987

April 1, 1987

PACER
70

Memorandum by defendant in support of opposition to pla mtn for protective ordr.[69-1] (former emp) (Entered: 04/02/1987)

April 1, 1987

April 1, 1987

PACER
71

Motion by defendant to strike pla mtn for prtctv ordr & for sanctions. (former emp) (Entered: 04/02/1987)

April 1, 1987

April 1, 1987

PACER
72

Memorandum by defendant in support of motion to strike pla mtn for prtctv ordr & for sanctions. [71-1] (former emp) (Entered: 04/02/1987)

April 1, 1987

April 1, 1987

PACER
73

M/E: Hrng hld on pndg mtns. John Davis Crt rprtr. ORDRD granting motion for order reserving damages claim in the 4th amnd cmplnt. [51-1] Granting motion for leave to proceed in pseudonym [49-1] granting motion to amend complaint (4th amnd) [45-1] denying motion to dismiss 3rd amnd cmplnt w/out prej. [42-1] Denying motion for protective order [65-1] as to the acting Superintendant, Carol Moore, Jean Moore, Sam Lewis & gr to the extnt that the names of the "Class Members' shall not b/rvld to anyone w/out prior approval of the Crt. Dft shall file w/the Crt every 2 wks a rprt of the dscplnry actns taken or cntmpltd invlvng class members. Parties cmpl a list of class members, said list t/b fld w/the Crt UNDER SEAL. Taking under advisement the motion to proceed in forma pauperis [46-1] (see ordr for details). Taking under advisement the motion certify class action [47-1], taking under advisement the motion for order for entry upon land. [67-1] (cc: McIlvain Lambert Lebovitz RMB) (former emp) (Entered: 04/08/1987)

April 8, 1987

April 8, 1987

PACER
74

Fourth amnded complaint (former emp) (Entered: 04/08/1987)

April 8, 1987

April 8, 1987

PACER
75

M/E: Telephonc hrng hld re dscvry. John Davis Crt rprtr. ORDRD Dft's oral mtn for lv to release Class Member's names to DOC Employees Gail Parin & Michelle Ralston is granted. FURTHER ORDRD the oral mtn of dft for prdctn of the "Next Friend" tax rtrns is denied. (cc: McIlvain Lebowitz Lamber RMB) (former emp) (Entered: 04/08/1987)

April 8, 1987

April 8, 1987

PACER
76

Supplemental memo by plaintiff to motion to proceed in forma pauperis [46-1] (former emp) (Entered: 04/14/1987)

April 13, 1987

April 13, 1987

PACER
77

Document Sealed - Letter dated 4/15/87 frm atty Ronald A Lebowitz (former emp) (Entered: 04/16/1987)

April 16, 1987

April 16, 1987

PACER
78

Dfts' Supplemental response to plas' motion for class certification (former emp) (Entered: 04/17/1987)

April 16, 1987

April 16, 1987

PACER
79

Declaration of a named pla. Document Sealed (pursuant to Court Order) (former emp) (Entered: 04/21/1987)

April 20, 1987

April 20, 1987

PACER
80

Notice of service by plaintiff of rqst to permit entry upon land or other property. (former emp) (Entered: 04/24/1987)

April 23, 1987

April 23, 1987

PACER
81

Document Sealed (pursuant to Court Order) minute entry [73-1] Bi-Weekly rprt of dscplnry incidents . (former emp) (Entered: 04/27/1987)

April 24, 1987

April 24, 1987

PACER
82

Motion by defendant to dismiss claims of pla P.M., D.F., O.S., & D.A., & clms for injnctv relief of pla Johnson for failure to state a claim upon whc relief can be granted & for lack of jurisdiction (former emp) (Entered: 04/28/1987)

April 27, 1987

April 27, 1987

PACER
83

Memorandum by defendant in support of motion to dismiss claims of pla P.M., D.F., O.S., & D.A., & clms for injnctv relief of pla Johnson for failure to state a claim upon whc relief can be granted & for lack of jurisdiction [82-1] (former emp) (Entered: 04/28/1987)

April 27, 1987

April 27, 1987

PACER
84

Motion by defendant for more definite stmnt pur to rls 12(e) & 23(d)(4). (former emp) (Entered: 04/28/1987)

April 27, 1987

April 27, 1987

PACER
85

Memorandum by defendant in support of motion for more definite stmnt pur to rls 12(e) & 23(d)(4). [84-1] (former emp) (Entered: 04/28/1987)

April 27, 1987

April 27, 1987

PACER
86

Notice of Hearing setting motion to dismiss claims of pla for lack of jurisdiction [82-1] on 1:30 6/22/87, setting motion for more definite stmnt pur to rls 12(e) & 23(d)(4) [84-1] on 1:30 6/22/87 (former emp) (Entered: 04/28/1987)

April 27, 1987

April 27, 1987

PACER
87

Notice of service by plaintiff of 2nd set of interrogs & rqst for prdctn of dcmnts. (former emp) (Entered: 04/28/1987)

April 27, 1987

April 27, 1987

PACER
88

Stipulation re: identities of class members. (former emp) (Entered: 04/29/1987)

April 28, 1987

April 28, 1987

PACER

LODGED: Order re stipulation [88-1] (former emp)

April 28, 1987

April 28, 1987

PACER
90

ORDER by Judge Richard M. Bilby granting stipulation [88-1] Cnsl for dfts may reveal the identities of class members to Captain Harlan Nelson, Chief of Security. FURTHER ORDRD Nelson be prvded a cpy of the Crt's ordr of 4/6/87, setting forth rstrctns imposed by the Crt in ordr to protect the identity of class members. (cc: Lambert McIlvain Lebovitz Albrecht RMB) (former emp) (Entered: 05/01/1987)

April 29, 1987

April 29, 1987

PACER
89

Notice of service by plaintiff of rqst for prdctn of dcmnts & interrogs. (former emp) (Entered: 05/01/1987)

April 30, 1987

April 30, 1987

PACER
91

Motion by defendant for dscvry & to extend time to comply w/LR 42c (former emp) (Entered: 05/05/1987)

May 4, 1987

May 4, 1987

PACER
92

Memorandum by defendant in support of motion for dscvry & to extend time to comply w/LR 42c [91-1] (former emp) (Entered: 05/05/1987)

May 4, 1987

May 4, 1987

PACER
93

Notice of service by defendant of rspnses to pla 1st set of interrogs. (former emp) (Entered: 05/06/1987)

May 5, 1987

May 5, 1987

PACER
94

M/E: IT IS ORDRD the hrng on the motion to dismiss claims of pla P.M., D.F., O.S., & D.A., & clms for injnctv relief of pla for failure to state a claim upon whc relief can be granted & for lack of jurisdiction [82-1] & the motion for more definite stmnt pur to rls 12(e) & 23(d)(4) [84-1] is reset to 2:30 7/13/87. (cc: McIlvain Albrecht Lambert Lebowitz RMB) (former emp) (Entered: 05/06/1987)

May 5, 1987

May 5, 1987

PACER
95

M/E: granting motion for dscvry & to extend time to comply w/LR 42c [91-1] IT IS ORDRD dscvry & mtn ddl is extnded to 10/1/87; and cmplnc date for L/R 42c joint proposed PTO is extended to 11/2/87 (cc:RMB Lambert McIlvain Lebowitz Albrecht.) (former emp) (Entered: 05/11/1987)

May 8, 1987

May 8, 1987

PACER
96

Motion by plaintiff Matthew Davey Johnson to extend time to rply to dfts splmntl memo re class cert. (former emp) (Entered: 05/12/1987)

May 11, 1987

May 11, 1987

PACER

LODGED: Order re motion to extend time to rply to dfts splmntl memo re class cert. [96-1] (former emp)

May 11, 1987

May 11, 1987

PACER
97

Response by plaintiff Matthew Davey Johnson to motion to dismiss for failure to state a claim & for lack of jurisdiction [82-1],& to motion for more definite stmnt pur to rls 12(e) & 23(d)(4). [84-1] (former emp) (Entered: 05/13/1987)

May 12, 1987

May 12, 1987

PACER
98

ORDER by Judge Richard M. Bilby granting motion to extend time to rply to dfts splmntl memo re class cert. [96-1] Pla shall hv until 5/14/87 to file a rply to dfts' splmntl memo re class crtfctn & their rspns to dfts mtn for more definite stmnt & dfts' mtn to dsms. (cc: McIlvain Lambert Lebowitz Albrecht RMB) (former emp) (Entered: 05/13/1987)

May 12, 1987

May 12, 1987

PACER
99

M/E: Telephonic conf hld re dscvry 5/14/87. John Davis Crt rprtr. Pla cnsl will sbmt expert's social security #s to the Crt telephonically. (cc:McIlvain Lambert Lebowitz RMB Albercht) (former emp) (Entered: 05/15/1987)

May 15, 1987

May 15, 1987

PACER

Case Details

State / Territory: Arizona

Case Type(s):

Juvenile Institution

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: April 6, 1986

Case Ongoing: No

Plaintiffs

Plaintiff Description:

inmates at Catalina Mountain Juvenile Institution

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

National Center for Youth Law

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Arizona Department of Corrections (Tucson), State

Case Details

Causes of Action:

42 U.S.C. § 1983

Indv. w/ Disab. Educ. Act (IDEA), Educ. of All Handcpd. Children Act , 20 U.S.C. § 1400

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

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: 1993 - 1997

Issues

General:

Access to lawyers or judicial system

Counseling

Disciplinary procedures

Disciplinary segregation

Education

Fire safety

Phone

Sanitation / living conditions

Totality of conditions

Visiting

Discrimination-basis:

Disability (inc. reasonable accommodations)

Medical/Mental Health:

Medical care, general

Type of Facility:

Government-run