Case: Johnson v. Upchurch

Johnson v. State of AZ

National Center for Youth Law

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

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)

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)

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

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

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)

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

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)

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)

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

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

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

Writ of Habeas Corpus issued (former emp)

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)

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

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)

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

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)

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

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

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

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)

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)

LODGED: 2nd amnded complaint. (former emp)

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)

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

LODGED: 3rd amnded cmplnt. (former emp)

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

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

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

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)

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)

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

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

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

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

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)

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

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

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

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

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

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

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)

LODGED: Fourth amended complaint (former emp)

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

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

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

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

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)

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

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

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)

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

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

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)

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)

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

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

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

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

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

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)

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

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

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

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

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

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

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

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

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)

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

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)

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

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

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

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

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

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

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)

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)

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

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)

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)

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

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

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

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)

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

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

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)

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

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)

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)

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

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

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)

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)

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)