Case: E. R. v. McDonnell

1:94-cv-02816 | U.S. District Court for the District of Colorado

Filed Date: Dec. 9, 1994

Closed Date: 2001

Clearinghouse coding complete

Case Summary

On December 9, 1994, a class action lawsuit was filed on behalf of all children detained at the Phillip B. Gilliam Youth Services Center (Gilliam) in Denver, Colorado, in the United States District Court for the District of Colorado, against the State of Colorado. The plaintiffs, who were represented by the ACLU of Colorado, the Youth Law Center, and private counsel, sought declaratory and injunctive relief pursuant to 42 U.S.C. § 1983 and the Individuals with Disabilities Education Act (IDEA)…

On December 9, 1994, a class action lawsuit was filed on behalf of all children detained at the Phillip B. Gilliam Youth Services Center (Gilliam) in Denver, Colorado, in the United States District Court for the District of Colorado, against the State of Colorado. The plaintiffs, who were represented by the ACLU of Colorado, the Youth Law Center, and private counsel, sought declaratory and injunctive relief pursuant to 42 U.S.C. § 1983 and the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. §§ 1401 et seq. On February 2, 1995, the plaintiffs filed an amended complaint, in which they alleged that overcrowding and conditions at Gilliam violated their constitutional and statutory rights.

According to the complaint, Gilliam was so overcrowded that five juveniles were simultaneously confined to a single-occupancy cell for up to twenty hours in a day. Overcrowding and understaffing also led to inadequate access to functioning toilets, monitoring of at-risk or isolated detainees, educational opportunities, recreation, rehabilitation programming, and access to confidential legal counsel. Because detainees were inadequately classified and separated, older and more violent juveniles were housed with younger and non-violent detainees. While confined at Gilliam, children were physically and sexually assaulted and bullied into giving their meals by bigger children. Gilliam staff disciplined children with isolation and mechanical restraints, without hearing or notice.

On January 3, 1995, the United States District Court for the District of Colorado (Judge Edward W. Nottingham) ordered the parties to engage in settlement discussions before a magistrate (Judge Donald E. Abram) and, on March 23, 1995, the court (Judge Nottingham) stayed the proceedings to facilitate settlement. On May 26, 1995, the parties entered a settlement agreement, which was amended on May 30, 1995, to accommodate pending federal legislation, the "Stop Turning Out Prisoners Act." H.R. 667, Title III.

The settlement agreement was intended to ensure that conditions of detention were constitutional, safe, sanitary, humane, individualized, and rehabilitative. As such, the settlement agreement required the State to eliminate overcrowding, classify and separate detainees, hire enough employees to satisfy specific staff-to-juvenile ratios, screen all children for disabilities, provide all detainees with a bed (not a mattress on the floor), build a library, and implement disciplinary procedures that did not involve prolonged isolation and mechanical restraints. Other provisions of the settlement agreement addressed prompt and expert medical and mental health care, access to toilets, allowing children to decorate their walls, education, recreation, and individualized rehabilitation programming. The State agreed to pay the plaintiffs' attorneys' fees and costs.

On September 15, 1995, the court approved the class action settlement. The Court retained enforcement authority and actively monitored the State's compliance for three years. The court appointed two Court Monitors (Russ Van Vleet and Robert B. Rutherford Jr.) to monitor compliance. The settlement agreement was amended again on September 1, 1999, and then on July 26, 2001, but we do not have copies of either document. The docket ends wtih the July 2001 entry concerning the third amended settlement agreement; thus we have no information on any subsequent proceedings.

Summary Authors

Elizabeth Chilcoat (5/26/2006)

People


Judge(s)

Nottingham, Edward Willis Jr. (Colorado)

Attorneys(s) for Plaintiff

Burrell, Susan L. (California)

Dubofsky, Frank Neal (Colorado)

Miller, David H. (Colorado)

Ramiu, Maria Felisa (California)

Attorneys(s) for Defendant

Erkenbrack, Stephen K. (Colorado)

Farley, Paul (Colorado)

Gray, Toni Jo (Colorado)

Jackson, Michael Hodges (Colorado)

Lizza, John August (Colorado)

Judge(s)

Nottingham, Edward Willis Jr. (Colorado)

Attorneys(s) for Plaintiff

Burrell, Susan L. (California)

Dubofsky, Frank Neal (Colorado)

Miller, David H. (Colorado)

Ramiu, Maria Felisa (California)

Attorneys(s) for Defendant

Erkenbrack, Stephen K. (Colorado)

Farley, Paul (Colorado)

Gray, Toni Jo (Colorado)

Jackson, Michael Hodges (Colorado)

Lizza, John August (Colorado)

Nachman, Franklin A. (Colorado)

Norton, Gale A. (Colorado)

Parchman, Thomas S. (Colorado)

Tymkovich, Timothy M. (Colorado)

Worthington, Stacy L. (Colorado)

Other Attorney(s)

Silverstein, Mark (Colorado)

Warboys, Loren M. (California)

Expert/Monitor/Master

Abrams, Robert W. (New York)

Documents in the Clearinghouse

Document

1:94-cv-02816

Docket [PACER]

R. v. McDonnell

July 26, 2001

July 26, 2001

Docket

1:94-cv-02816

Case Summary

Dec. 8, 1994

Dec. 8, 1994

Internal memorandum
16

1:94-cv-02816

First Amended Complaint

Feb. 2, 1995

Feb. 2, 1995

Complaint
59

1:94-cv-02816

Settlement Agreement

May 26, 1995

May 26, 1995

Settlement Agreement
60

1:94-cv-02816

Memorandum of Agreement to Amend Settlement Agreement and Order

May 29, 1995

May 29, 1995

Order/Opinion

1:94-cv-02816

Memorandum

July 14, 1995

July 14, 1995

Pleading / Motion / Brief

1:94-cv-02816

Correspondence

Aug. 10, 1995

Aug. 10, 1995

Correspondence
69

1:94-cv-02816

Order Approving Class Action Settlement

Sept. 15, 1995

Sept. 15, 1995

Order/Opinion

Resources

Docket

Last updated July 22, 2022, 3:12 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (Civil Rights Claim for Declaratory, Injunctive and Other Equitable Relief) (Summons(es) issued) (former empl) (Entered: 12/12/1994)

Dec. 9, 1994

Dec. 9, 1994

FILING FEE PAID: on 12/9/94 in the amount of $ 120.00, receipt # 168656. (former empl) (Entered: 12/12/1994)

Dec. 9, 1994

Dec. 9, 1994

2

MOTION by plaintiff for attorneys Susan L. Burrell and Maria F. Rramiu to appear pro hac vice (former empl) (Entered: 12/12/1994)

Dec. 9, 1994

Dec. 9, 1994

3

MOTION by plaintiffs for leave to proceed in pseudonym (former empl) (Entered: 12/12/1994)

Dec. 9, 1994

Dec. 9, 1994

4

Memorandum (BRIEF) by plaintiff in support of motion for leave to proceed in pseudonym [3−1] (former empl) (Entered: 12/12/1994)

Dec. 9, 1994

Dec. 9, 1994

5

MINUTE ORDER : by Judge Edward W. Nottingham granting motion for attorneys Susan L. Burrell and Maria F. Rramiu to appear pro hac vice [2−1] (cc: all counsel) ; entry date : 1/5/95 (former empl) (Entered: 01/05/1995)

Jan. 3, 1995

Jan. 3, 1995

6

ORDER FOR RULE 16 CONFERENCE by Judge Edward W. Nottingham ; Rule 16 conference set for 2:00 2/17/95 ; Discovery ddl set for 6/26/95 ;Dispo Motion ddl set 7/5/95 ; Prel pretrial conference set for 8:00 5/4/95 ; Pretrial Conference set for 2:00 9/8/95 (cc: all counsel) (former empl) (Entered: 01/06/1995)

Jan. 3, 1995

Jan. 3, 1995

7

SPECIAL ORDER OF REFERENCE by Judge Edward W. Nottingham to Magistrate Judge Donald E. Abram for settlement conf (cc: to counsel) (former empl) (Entered: 01/06/1995)

Jan. 3, 1995

Jan. 3, 1995

8

ORDER by Magistrate Judge Donald E. Abram ; mag conference set for 9:00 3/1/95 , ; settlement conf set for 3:00 9/14/95 (cc: all counsel) ; entry date : 1/6/95 (former empl) (Entered: 01/06/1995)

Jan. 6, 1995

Jan. 6, 1995

9

RETURN OF SERVICE of Summons and Complaint upon Ivan Tate, Asst Dir Div of Youth Svc defendant F. Jerald Adamek on 1/18/95 (former empl) (Entered: 01/20/1995)

Jan. 19, 1995

Jan. 19, 1995

10

RETURN OF SERVICE of Summons and Complaint upon Kathy Huskey, Admin Program Spec II for defendant Barbara McDonnell on 1/18/95 (former empl) (Entered: 01/20/1995)

Jan. 19, 1995

Jan. 19, 1995

11

RETURN OF SERVICE of Summons and Complaint upon / by defendant Velvia Garner on 1/18/95 (former empl) (Entered: 01/20/1995)

Jan. 19, 1995

Jan. 19, 1995

13

ACCEPTANCE OF SERVICE by defendant Irving Moskowitz signed on 1/17/95 ; signed Michael Jackson, Atty (former empl) (Entered: 01/20/1995)

Jan. 19, 1995

Jan. 19, 1995

14

MOTION by plaintiff E. R., plaintiff R. R. to continue discovery and sched conference (former empl) (Entered: 02/06/1995)

Feb. 3, 1995

Feb. 3, 1995

15

NOTICE OF DISMISSAL as to party Irving Moskowitz ; entry date : 2/6/95 (former empl) (Entered: 02/06/1995)

Feb. 3, 1995

Feb. 3, 1995

16

FIRST AMENDED COMPLAINT [1−1] by plaintiff; adding D. L., D. W., A. W., D. M., Denver Sch Dist No 1 (former empl) (Entered: 02/06/1995)

Feb. 3, 1995

Feb. 3, 1995

17

MOTION by defendant Barbara McDonnell, defendant F. Jerald Adamek, defendant Velvia Garner, defendant Denver Sch Dist No 1 to continue sched conference (former empl) (Entered: 02/09/1995)

Feb. 8, 1995

Feb. 8, 1995

18

MINUTE ORDER : by Judge Edward W. Nottingham denying motion to continue sched conference [17−1] (cc: all counsel) ; entry date : 2/10/95 (former empl) (Entered: 02/10/1995)

Feb. 9, 1995

Feb. 9, 1995

19

Return and ACCEPTANCE OF SERVICE by defendant Denver Sch Dist No 1 signed by Michael Jackson, atty,on 2/3/95 (former empl) (Entered: 02/10/1995)

Feb. 9, 1995

Feb. 9, 1995

20

Motion by defendant Denver Sch Dist No 1 to dismiss first amended complaint before Judge Edward W. Nottingham (former empl) (Entered: 02/14/1995)

Feb. 13, 1995

Feb. 13, 1995

21

ATTORNEY APPEARANCE for defendant Barbara McDonnell, defendant F. Jerald Adamek, defendant Velvia Garner by Toni Jo Gray (former empl) (Entered: 02/14/1995)

Feb. 13, 1995

Feb. 13, 1995

22

Motion by defendant Barbara McDonnell, defendant F. Jerald Adamek, defendant Velvia Garner to dismiss before Judge Edward W. Nottingham (former empl) (Entered: 02/14/1995)

Feb. 13, 1995

Feb. 13, 1995

23

BRIEF by defendant Barbara McDonnell, defendant F. Jerald Adamek, defendant Velvia Garner in support of motion to dismiss before Judge Edward W. Nottingham [22−1] (former empl) (Entered: 02/14/1995)

Feb. 13, 1995

Feb. 13, 1995

24

COURTROOM MINUTES by Judge Edward W. Nottingham ; rule 16 conference cont'd to 8:00 3/9/95 ; entry date : 2/21/95 (former empl) (Entered: 02/21/1995)

Feb. 17, 1995

Feb. 17, 1995

25

AMENDED COURTROOM MINUTES by Judge Edward W. Nottingham sched conf held 2/l7/95; regarding [22−1] motion to dismiss before Judge Edward W. Nottingham, regarding [20−1] motion to dismiss first amended complaint before Judge Edward W. Nottingham ; responses due within l5 days; reply due ll days thereafter entry date : 3/1/95 (former empl) Modified on 03/01/1995 (Entered: 03/01/1995)

Feb. 17, 1995

Feb. 17, 1995

26

MINUTE ORDER : by Magistrate Judge Donald E. Abram ; addl mag conference set for 4:00 3/13/95 , 3/2l/95 at 4:00 adn 4/l4/95 at ll:30 (cc: all counsel) ; entry date : 3/2/95 (former empl) (Entered: 03/02/1995)

March 2, 1995

March 2, 1995

27

MOTION by plaintiff E. R., plaintiff R. R., plaintiff D. L., plaintiff D. W., plaintiff A. W., plaintiff D. M. for attorney Loren Warboys to appear pro hac vice (former empl) (Entered: 03/03/1995)

March 3, 1995

March 3, 1995

28

SUGGESTED SCHEDULING AND DISCOVERY ORDER of def Sch Dist l in Denver (cc: all counsel) (former empl) (Entered: 03/07/1995)

March 6, 1995

March 6, 1995

29

RESPONSE by plaintiff, defendant, plaintiff to motion to dismiss before Judge Edward W. Nottingham [22−1] and for more definite statement (former empl) (Entered: 03/07/1995)

March 6, 1995

March 6, 1995

30

RESPONSE by plaintiff to motion to dismiss before Judge Edward W. Nottingham [22−1] (former empl) (Entered: 03/07/1995)

March 6, 1995

March 6, 1995

32

COURTROOM MINUTES by Judge Edward W. Nottingham ; rule 16 conf held on 3/9/95 ; entry date : 3/10/95 (former empl) (Entered: 03/10/1995)

March 9, 1995

March 9, 1995

Tendered proposed sched order submitted by defendant Barbara McDonnell, defendant F. Jerald Adamek, defendant Velvia Garner, defendant Denver Sch Dist No 1 rejected by court (former empl) (Entered: 03/10/1995)

March 9, 1995

March 9, 1995

33

STIPULATED SCHEDULING AND DISCOVERY ORDER Judge Edward W. Nottingham (cc: all counsel) (former empl) (Entered: 03/10/1995)

March 9, 1995

March 9, 1995

34

SUPPLEMENT TO STIPULATED SCHEDULING AND DISCOVERY ORDER Judge Edward W. Nottingham (cc: all counsel) (former empl) (Entered: 03/10/1995)

March 9, 1995

March 9, 1995

35

PROTECTIVE ORDER by Judge Edward W. Nottingham : granting motion for leave to proceed in pseudonym [3−1] (cc: all counsel) (former empl) (Entered: 03/10/1995)

March 9, 1995

March 9, 1995

36

ATTORNEY APPEARANCE for defendant Barbara McDonnell, defendant F. Jerald Adamek, defendant Velvia Garner by Stacy L. Worthington (former empl) (Entered: 03/13/1995)

March 10, 1995

March 10, 1995

37

MOTION by defendant Barbara McDonnell, defendant F. Jerald Adamek, defendant Velvia Garner to extend time to file initial disclosure (former empl) (Entered: 03/13/1995)

March 10, 1995

March 10, 1995

38

Envelope w/confidential information (STATEMENT) submitted by plaintiff (?) FILED UNDER SEAL, PLACED IN SECURED AREA (former empl) (Entered: 03/13/1995)

March 10, 1995

March 10, 1995

39

MEMORANDUM by Magistrate Judge Donald E. Abram ; mag conference held 3/13/95 (former empl) (Entered: 03/14/1995)

March 14, 1995

March 14, 1995

40

RESPONSE by plaintiff E. R., plaintiff R. R., plaintiff D. L., plaintiff D. W., plaintiff A. W., plaintiff D. M. to motion to extend time to file initial disclosure [37−1] (former empl) (Entered: 03/17/1995)

March 16, 1995

March 16, 1995

41

REPLY by defendant Barbara McDonnell, defendant F. Jerald Adamek, defendant Velvia Garner to response to motion to dismiss before Judge Edward W. Nottingham [22−1] (former empl) (Entered: 03/20/1995)

March 17, 1995

March 17, 1995

42

REPLY by defendant Denver Sch Dist No 1 to response to motion to dismiss first amended complaint before Judge Edward W. Nottingham [20−1] (former empl) (Entered: 03/21/1995)

March 20, 1995

March 20, 1995

43

MOTION by defendant Barbara McDonnell, defendant F. Jerald Adamek, defendant Velvia Garner to withdraw motion to extend time to file initial disclosure [37−1] , and to extend time to serve interrogs and req for prod (former empl) (Entered: 03/22/1995)

March 21, 1995

March 21, 1995

44

MINUTE ORDER : by Judge Edward W. Nottingham granting motion to withdraw motion to extend time to file initial disclosure [37−1] [43−1], withdrawing motion to extend time to file initial disclosure [37−1] (cc: all counsel) ; entry date : 3/23/95 (former empl) (Entered: 03/23/1995)

March 23, 1995

March 23, 1995

45

ORDER by Judge Edward W. Nottingham , CASE STAYED until further order of court to facilitate settlement ; all dates set in orders of 3/9/95 and l/3/95 are vacated; status conf set for 2:30 5/19/95 (cc: all counsel) ; entry date : 3/23/95 (former empl) (Entered: 03/23/1995)

March 23, 1995

March 23, 1995

46

MEMORANDUM by Magistrate Judge Donald E. Abram settlement conf held 3/2l/95 and 3/22/95 (former empl) (Entered: 03/23/1995)

March 23, 1995

March 23, 1995

47

PROTECTIVE ORDER by Magistrate Judge Donald E. Abram re: disclosure of juvenile records in discovery : (cc: all counsel) (former empl) (Entered: 03/24/1995)

March 23, 1995

March 23, 1995

49

MINUTE ORDER : by Magistrate Judge Donald E. Abram ; further mag conference set for 10:30 4/7/95 (cc: all counsel) ; entry date : 4/6/95 (former empl) (Entered: 04/06/1995)

April 5, 1995

April 5, 1995

50

ORDER by Judge Edward W. Nottingham granting motion for reconsideration of stay of proceedings order [45−3] [48−1], terminating stay; order staying proceedings is vacated; all prior scheduing deadlines are reinstated ; discovery ddl set 6/26/95 ; disp mtn ddl set 7/5/95 ; prel pretrial conf set for 8:00 5/4/95 ; pretrial conf set for 2:00 9/8/95 (cc: all counsel) ; entry date : 4/10/95 (former empl) (Entered: 04/10/1995)

April 7, 1995

April 7, 1995

51

MINUTE ORDER : by Magistrate Judge Donald E. Abram ; mag conference held 4/10/95 ; dsm papers ddl set for 5/8/95 (cc: all counsel) ; entry date : 4/10/95 (former empl) (Entered: 04/10/1995)

April 10, 1995

April 10, 1995

52

MINUTE ORDER : by Magistrate Judge Donald E. Abram ; mag conference set for 11:30 4/14/95 (cc: all counsel) ; entry date : 4/11/95 (former empl) (Entered: 04/11/1995)

April 11, 1995

April 11, 1995

53

STIPULATION by plaintiff, defendant, to stay discovery (former empl) (Entered: 04/17/1995)

April 14, 1995

April 14, 1995

54

STIPULATION by plaintiff, defendant, plaintiff, defendant to stay discovery (former empl) (Entered: 04/17/1995)

April 14, 1995

April 14, 1995

55

STIPULATION (sic) signed by plaintiffs to stay discovery (former empl) (Entered: 04/18/1995)

April 18, 1995

April 18, 1995

56

MINUTE ORDER : by Judge Edward W. Nottingham granting stipulation motion to stay discovery [53−1], granting stipulation motion to stay discovery [54−1], granting stipulation motion to stay discovery [55−1]. Discovery is stayed until 6/5/95 and all ddls are vacated. , ; discovery ddl satisfied 4/28/95 ; disp mtn ddl satisfied 4/28/95 (cc: all counsel) ; entry date : 5/1/95 (gms) (Entered: 05/01/1995)

April 28, 1995

April 28, 1995

57

Motion by plaintiff R. R., plaintiff D. L., plaintiff D. W., plaintiff D. M. to dismiss certain plaintiffs before Judge Edward W. Nottingham , and to amend caption before Judge Edward W. Nottingham (former empl) (Entered: 05/22/1995)

May 18, 1995

May 18, 1995

58

ORDER by Judge Edward W. Nottingham granting motion to dismiss certain plaintiffs before Judge Edward W. Nottingham [57−1], granting motion to amend caption before Judge Edward W. Nottingham [57−2] dismissing party D. M., party D. W., party D. L., party R. R. (cc: all counsel) ; entry date : 5/22/95 (former empl) (Entered: 05/22/1995)

May 18, 1995

May 18, 1995

59

Settlement Agreement and ORDER by Judge Edward W. Nottingham terms of settlement agreement approved, parties to comply w/terms as stated (cc: all counsel) ; entry date : 5/30/95 (former empl) (Entered: 05/30/1995)

May 26, 1995

May 26, 1995

60

Memorandum of Agreement to Amend Settlement Agreement and ORDER by Judge Edward W. Nottingham terminating case ; terms of settlement are approved by court (cc: all counsel) ; entry date : 5/30/95 (former empl) (Entered: 05/30/1995)

May 29, 1995

May 29, 1995

61

MOTION by plaintiff A. W. to certify class action (former empl) (Entered: 06/16/1995)

June 15, 1995

June 15, 1995

62

MOTION by plaintiff A. W. for final approval of settlement agreement and memo of agreement to amend settlement agreement (former empl) (Entered: 06/16/1995)

June 15, 1995

June 15, 1995

Tendered notice of settlement submitted by plaintiff A. W. w/motion to certify class action [61−1] (former empl) (Entered: 06/16/1995)

June 15, 1995

June 15, 1995

63

ORDER by Judge Edward W. Nottingham granting motion to certify class action [61−1]; order to certify class to issue; Case reopened (cc: all counsel) ; entry date : 6/28/95 (former empl) (Entered: 06/28/1995)

June 27, 1995

June 27, 1995

65

NOTICE of settlement under Rule 23 by plaintiff (former empl) (Entered: 06/28/1995)

June 27, 1995

June 27, 1995

66

ORDER by Judge Edward W. Nottingham granting motion for final approval of settlement agreement [62−1]; hearing on final approval set 9/l/95 at 2:30 (cc: all counsel) ; entry date : 6/28/95 (former empl) (Entered: 06/28/1995)

June 27, 1995

June 27, 1995

67

Entry of Appearance and ATTORNEY SUBSTITUTION: terminating attorney Stacy L. Worthington for Velvia Garner, attorney Toni Jo Gray for Velvia Garner, attorney Stacy L. Worthington for F. Jerald Adamek, attorney Toni Jo Gray for F. Jerald Adamek, attorney Stacy L. Worthington for Barbara McDonnell, attorney Toni Jo Gray for Barbara McDonnell and substituting attorney Thomas S. Parchman (former empl) (Entered: 08/14/1995)

Aug. 11, 1995

Aug. 11, 1995

68

NOTICE of Compliance with Posting and Notice Requirements of Order for Notice to Plaintiff Class by defendant Barbara McDonnell, defendant F. Jerald Adamek, defendant Velvia Garner (former empl) (Entered: 09/06/1995)

Sept. 1, 1995

Sept. 1, 1995

70

COURTROOM MINUTES by Judge Edward W. Nottingham order of 6/27/95 is vacated; parties have complied w/Rule 26; ntc has been adequate; settlement agreement approved ; entry date : 9/20/95 (former empl) (Entered: 09/20/1995)

Sept. 1, 1995

Sept. 1, 1995

69

ORDER Approving Class Action Settlement and Memorandum of Agreement to Amend Settlement Agreement are approved and order terminates litigation between parties; court retains jurisdiction over dfts for 3 yrs of monitoring complaince under agreement; by Judge Edward W. Nottingham regarding [65−1] notice terminating case dated nunc pro tunc of 9/1/95 (cc: all counsel) ; entry date : 9/18/95 (former empl) (Entered: 09/18/1995)

Sept. 15, 1995

Sept. 15, 1995

71

REPORT of Expert Russ Van Vleet (former empl) (Entered: 01/31/1996)

Jan. 30, 1996

Jan. 30, 1996

72

MOTION by plas E. R., A. W. for attorney fees and costs (former empl) (Entered: 06/17/1996)

June 13, 1996

June 13, 1996

73

MOTION by dfts Barbara McDonnell, F. Jerald Adamek, Velvia Garner to extend time to file response to request for attys' fees to 7/15/96 (former empl) (Entered: 06/25/1996)

June 24, 1996

June 24, 1996

74

MOTION by dfts Barbara McDonnell, F. Jerald Adamek, Velvia Garner for referral to a Mag Judge of pla's request for attys' fees (former empl) (Entered: 06/25/1996)

June 24, 1996

June 24, 1996

75

ORDER by Judge Edward W. Nottingham granting motion for referral to a Mag Judge of pla's request for attys' fees [74−1], granting motion to extend time to file response to request for attys' fees to 7/15/96 [73−1], regarding [72−1] motion for attorney fees and costs, magistrate judge Abram to make recommendation (cc: all counsel) ; entry date : 7/9/96 (former empl) (Entered: 07/09/1996)

July 3, 1996

July 3, 1996

76

Initial RESPONSE by state dfts Barbara McDonnell, F. Jerald Adamek, Velvia Garner to motion for attorney fees and costs [72−1] (former empl) (Entered: 07/17/1996)

July 15, 1996

July 15, 1996

77

RESPONSE by dft Denver Sch Dist No 1 to motion for attorney fees and costs [72−1] (former empl) (Entered: 07/17/1996)

July 15, 1996

July 15, 1996

78

MINUTE ORDER : by Magistrate Judge Donald E. Abram setting hearing on motion for attorney fees and costs [72−1] 9:00 7/23/96 in Room C−504 (cc: all counsel) ; entry date : 7/17/96 (former empl) (Entered: 07/17/1996)

July 15, 1996

July 15, 1996

79

Joint MOTION by plas E. R., A. W., dfts Barbara McDonnell, F. Jerald Adamek, Velvia Garner, Denver Sch Dist No 1 for order of all parties to utilize 7/23 hrg date as stlmt conf while re−setting hrg date for date certain before 9/16/96 and request for lv to allow San Francisco cnsl to appear by telephone (former empl) (Entered: 07/22/1996)

July 19, 1996

July 19, 1996

82

NOTICE by plas E. R., A. W. of withdrawal of motion for attorney fees and costs [72−1] (former empl) (Entered: 07/26/1996)

July 24, 1996

July 24, 1996

80

MEMORANDUM by Magistrate Judge Donald E. Abram...settlement conf held 7/23/96 (former empl) (Entered: 07/26/1996)

July 25, 1996

July 25, 1996

81

MINUTE ORDER : by Magistrate Judge Donald E. Abram granting motion for order of all parties to utilize 7/23 hrg date as stlmt conf while re−setting hrg date for date certain before 9/16/96 [79−1]; motion for attorney fees and costs [72−1] ; hearing reset as settlement conf 7/23/96 (cc: all counsel) ; entry date : 7/26/96 (former empl) (Entered: 07/26/1996)

July 25, 1996

July 25, 1996

83

REPORT of Expert Rus Van Vleet (former empl) (Entered: 07/29/1996)

July 26, 1996

July 26, 1996

84

MINUTE ORDER : by Magistrate Judge Donald E. Abram granting [82−1] document withdraw...withdrawing motion for attorney fees and costs [72−1] (cc: all counsel) ; entry date : 7/30/96 (former empl) (Entered: 07/30/1996)

July 29, 1996

July 29, 1996

85

REPORT of Expert Russ Van Vleet (former empl) (Entered: 12/30/1996)

Dec. 27, 1996

Dec. 27, 1996

86

3rd Semi−Annual REPORT by Russell K. Van Vleet (former empl) (Entered: 01/02/1997)

Dec. 30, 1996

Dec. 30, 1996

87

NOTICE by dft Denver Sch Dist No 1 of attorney withdrawal from law firm, change of address and telephone number (former empl) (Entered: 01/14/1997)

Jan. 13, 1997

Jan. 13, 1997

88

REPORT of Expert Russ Van Vleet (former empl) (Entered: 07/02/1997)

July 1, 1997

July 1, 1997

89

REPORT of Expert Russ Van Vleet by plaintiff, defendant (former empl) (Entered: 08/25/1998)

Aug. 25, 1998

Aug. 25, 1998

90

Entry of Appearance and MOTION by plaintiff to substitute attorney Mark Silverstein in place of David Miller (former empl) (Entered: 08/31/1998)

Aug. 28, 1998

Aug. 28, 1998

91

NOTICE of Amd of Stlmt Agreement by State defendants (former empl) (Entered: 09/01/1998)

Aug. 31, 1998

Aug. 31, 1998

92

REPORT of Expert Robert B. Rutherford, Jr. (former empl) (Entered: 09/24/1998)

Sept. 23, 1998

Sept. 23, 1998

93

LETTER to court from Robert B. Rutherford Jr., PhD, Professor and Court Monitor (former empl) (Entered: 10/02/1998)

Sept. 23, 1998

Sept. 23, 1998

94

MINUTE ORDER : by Judge Edward W. Nottingham granting motion to substitute attorney Mark Silverstein in place of David Miller [90−1] attorney David H. Miller for A. W., attorney David H. Miller for E. R. and substituting attorney Mark Silverstein (cc: all counsel) ; entry date : 2/9/99 (former empl) (Entered: 02/09/1999)

Feb. 8, 1999

Feb. 8, 1999

95

NOTICE by plaintiff of Second Amendment to stlmt agreement (former empl) (Entered: 09/02/1999)

Sept. 1, 1999

Sept. 1, 1999

96

NOTICE of Change of Address of Youth Law Center by plaintiff E. R., plaintiff A. W. (former empl) (Entered: 12/13/1999)

Dec. 10, 1999

Dec. 10, 1999

97

NOTICE of third amended settlement agreement by Department Human Svc, and the Pla Class re: order [69−2] (pap) (Entered: 07/27/2001)

July 26, 2001

July 26, 2001

98

Third AMENDed Settlement Agreement by Department Human Svc, and the pla class to order [69−2] (pap) (Entered: 07/27/2001)

July 26, 2001

July 26, 2001

Case Details

State / Territory: Colorado

Case Type(s):

Juvenile Institution

Key Dates

Filing Date: Dec. 9, 1994

Closing Date: 2001

Case Ongoing: No

Plaintiffs

Plaintiff Description:

all children detained at the Phillip B. Gilliam Youth Services Center in Denver, Colorado

Attorney Organizations:

Youth Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Phillip B. Gilliam Youth Services Center (Denver), 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):

Due Process

Equal Protection

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

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: 1995 - 0

Issues

General:

Assault/abuse by residents/inmates/students

Classification / placement

Disciplinary procedures

Disciplinary segregation

Education

Library (non-law) access

Recreation / Exercise

Restraints : physical

Sanitation / living conditions

Sexual abuse by residents/inmates

Staff (number, training, qualifications, wages)

Crowding:

Crowding / caseload

Discrimination-basis:

Disability (inc. reasonable accommodations)

Medical/Mental Health:

Medical care, general

Mental health care, general

Type of Facility:

Government-run