Case: Arnold v. Lewis

2:91-cv-01808 | U.S. District Court for the District of Arizona

Filed Date: Nov. 14, 1991

Clearinghouse coding complete

Case Summary

On November 14, 1991, a female inmate incarcerated by the Arizona Department of Corrections (ADOC) filed a lawsuit under 42 U.S.C. § 1983 and 28 U.S.C. §§ 2201 and 2202 against Perryville Prison and ADOC in the U.S. District Court for the District of Arizona, Phoenix Division. The plaintiff and the plaintiff's guardian ad litem, represented by the Arizona Center for Disability Law, asked the court for declaratory and injunctive relief enjoining the defendants from transferring the plaintiff, a…

On November 14, 1991, a female inmate incarcerated by the Arizona Department of Corrections (ADOC) filed a lawsuit under 42 U.S.C. § 1983 and 28 U.S.C. §§ 2201 and 2202 against Perryville Prison and ADOC in the U.S. District Court for the District of Arizona, Phoenix Division. The plaintiff and the plaintiff's guardian ad litem, represented by the Arizona Center for Disability Law, asked the court for declaratory and injunctive relief enjoining the defendants from transferring the plaintiff, alleging that the prison officials' deliberate indifference to mental health needs was unconstitutional in violation of the Eighth and Fourteenth Amendments.

On November 14, 1991, the District Court (Judge Carl A. Muecke) issued a temporary restraining order, enjoining the defendants from transferring the plaintiff from the Flamenco unit at Perryville Prison anywhere but to Arizona State Hospital (ASH) and enjoining the defendants from placing the plaintiff in lock down, isolation, seclusion, or in restraints for any reason while she remained at the Flamenco unit.

After a November 19, 1991, hearing on the plaintiff's motion for a preliminary injunction, the parties agreed to a stipulated preliminary injunction and began settlement negotiations. Apparently the settlement negotiations failed, and at a November 25, 1991, hearing, the District Court (Judge Muecke) ordered the temporary restraining order to remain in effect. On December 2, 1991, Judge Muecke issued another temporary restraining order.

Hearings continued during which several defendants were dismissed and several of the plaintiff's allegations dismissed.

On September 3, 1992, the District Court (Judge Muecke) granted a permanent injunction enjoining the prison officials from transferring the plaintiff from the Flamenco unit to the Santa Maria Unit at Perryville Prison and enjoining the prison officials from placing the plaintiff in lock down as punishment for behavior that resulted from her mental illness. Arnold v. Lewis, 803 F. Supp. 246 (D. Ariz. 1992). Judge Muecke found that the prison officials (a) neglected to treat the plaintiff's mental illness by placing her in lock down as punishment for behavior resulting from her mental illness, and by failing to provide psychiatric follow-up for her while she was locked down, (b) failed to monitor the plaintiff's medication, (c) failed to transfer the plaintiff to ASH when necessary for treatment. Further, Judge Muecke consolidated this case with Casey v. Lewis, PC-AZ-0004, Hook v. Arizona, PC-AZ-0006, and Gluth v. Arizona, PC-AZ-0011.

On November 18, 1994, the District Court (Judge Muecke) appointed a special master to formulate the injunctive relief.

On October 17, 1995, the District Court (Judge David Alan Ezra), ruling on the consolidated cases, granted the plaintiffs' motions to hold the Director of ADOC in contempt, found unconstitutional an Arizona law excepting the State from paying Special Masters, and denied the defendants' motions to modify. Hook v. Arizona, 907 F. Supp. 1326 (D. Ariz. 1995). The defendants appealed.

On February 27, 1997, as amended on April 22, 1997, the Ninth Circuit Court of Appeals (Judge Thompson) affirmed the District Court's October 17, 1995, ruling. Hook v. Arizona, 107 F.3d 1397 (9th Cir. 1997). The Court found that the supremacy clause precluded application of the state statute, that the Eleventh Amendment did not prohibit the court from ordering state to pay the special masters, that the state statute did not make it impossible for the Director of ADOC to comply with the decree and that the District Court's imposition of a fine was not an abuse of discretion.

We have no information on the Special Master's findings, and no more information on this case.

Summary Authors

Josh Altman (6/14/2006)

Related Cases

Hook v. Arizona, District of Arizona (1973)

Gluth v. Arizona Department of Corrections, District of Arizona (1984)

Casey v. Lewis, District of Arizona (1990)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/9549810/parties/arnold-v-lewis/


Judge(s)

Ezra, David Alan (Hawaii)

Muecke, Charles Andrew (Arizona)

Strand, Roger Gordon (Arizona)

Attorneys(s) for Plaintiff

Adams, Stuart H. Jr. (District of Columbia)

Aiyetoro, Adjoa A. (District of Columbia)

Bendheim, Alice L. (Arizona)

Cohen, Leslie J. (District of Columbia)

Coppersmith, Samuel George (Arizona)

Fathi, David Cyrus (District of Columbia)

Fox, Tannis L. (Arizona)

Judge(s)

Ezra, David Alan (Hawaii)

Muecke, Charles Andrew (Arizona)

Strand, Roger Gordon (Arizona)

Attorneys(s) for Plaintiff

Adams, Stuart H. Jr. (District of Columbia)

Aiyetoro, Adjoa A. (District of Columbia)

Bendheim, Alice L. (Arizona)

Cohen, Leslie J. (District of Columbia)

Coppersmith, Samuel George (Arizona)

Fathi, David Cyrus (District of Columbia)

Fox, Tannis L. (Arizona)

Gan, Scott H. (Arizona)

Gordon, Andrew S. (Arizona)

Nomkin, Joel W. (Arizona)

Rosati, Kristen Brink (Arizona)

Stephan, Craig Allen (Arizona)

Weeks, Lawrence B. (California)

Weiss, Rachel Rife (Arizona)

Attorneys(s) for Defendant

Abney, Lynne W. (Arizona)

Adler, Vicki Gotkin (Arizona)

Albrecht, Richard (Arizona)

Bueler, Gordon Samuel (Arizona)

Corbin, Robert K. (Arizona)

Dennis, Thomas John (Arizona)

Gaylord, John M. (Arizona)

Gotkin, Vicki (Arizona)

Hochuli, Edward G. (Arizona)

Lopez, Bernard Phillip (Arizona)

Lugosi, Karen L. (Arizona)

Mills, Michelle Lynne (Arizona)

Morrow, James Russel (Arizona)

Overholser, Sonia (Arizona)

Struck, Daniel Patrick (Arizona)

Weineke, Kathleen L. (Arizona)

Documents in the Clearinghouse

Document

2:91-cv-01808

Docket [PACER]

Feb. 3, 1998

Feb. 3, 1998

Docket

2:91-cv-01808

90-cv-00054

Findings of Fact and Conclusions of Law

803 F.Supp. 246

Sept. 3, 1992

Sept. 3, 1992

Order/Opinion

2:91-cv-01808

90-cv-00054

95-00086

73-00097

84-01626

Order Granting Plaintiffs' Motions for Contempt and Denying Defendants' Motions to Modify

907 F.Supp. 1326

Oct. 17, 1995

Oct. 17, 1995

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/9549810/arnold-v-lewis/

Last updated Aug. 11, 2022, 2:50 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT FILED AND SUMMONS ISSUED (MAP) (Entered: 11/15/1991)

Nov. 14, 1991

Nov. 14, 1991

PACER
2

MOTION for temporary restraining order by plaintiff [2-1], for preliminary injunction by plaintiff [2-2] (MAP) (Entered: 11/15/1991)

Nov. 14, 1991

Nov. 14, 1991

PACER
3

MOTION for appointment of guardian ad litem by plaintiff [3-1] (MAP) (Entered: 11/15/1991)

Nov. 14, 1991

Nov. 14, 1991

PACER
4

MOTION to waive security by plaintiff [4-1] (MAP) (Entered: 11/15/1991)

Nov. 14, 1991

Nov. 14, 1991

PACER
5

MOTION to transfer case by plaintiff [5-1] (MAP) (Entered: 11/15/1991)

Nov. 14, 1991

Nov. 14, 1991

PACER
6

ORDER by Judge C A. Muecke that dfts Lewis & Migliaro are enjoined from transferring pla from ASH to DOC until such time as pla's mtn for prel/perm inj 2 has been ruled upon by the crt; FUR granting motion to waive security by plaintiff [4-1]; FUR granting motion for appointment of guardian ad litem by plaintiff [3-1]; FUR dfts shall file their resp to pla's mtn for prel/perm inj 2 NLT 11/18/91 @ 1:00. Dfts' memo shall not exceed 15 pages in length; FUR if the parties intend to offer exbts or put witnesses on the stand, they must prepare a lst of witnesses & exbts NLT 11/18/91. The parties shall contact the Crt's dpty clk, Rosalie Womack, for exbt tags & forms for exbt lsts...; FUR setting motion for preliminary/perm injunction by plaintiff [2-2] at 10:00 11/19/91 (see doc) (cc: all counsel) (ALL) (Entered: 11/15/1991)

Nov. 14, 1991

Nov. 14, 1991

PACER
7

SPECIAL APPEARANCE for AZ State Hospital & ADOC for limited purpose of filing retrn on TRO & mtn to dissolve TRO (ALL) (Entered: 11/15/1991)

Nov. 14, 1991

Nov. 14, 1991

PACER
8

(NOTICE of) verification of discharge by AZ State Hospital & ADOC (ALL) (Entered: 11/15/1991)

Nov. 14, 1991

Nov. 14, 1991

PACER
9

EX PARTE MOTION for temporary restraining order by plaintiff [9-1] (ALL) (Entered: 11/15/1991)

Nov. 14, 1991

Nov. 14, 1991

PACER
10

NTC OF FILING AFFIDAVIT of Leonardo Garcia-Bunuel, M.D. (ALL) (Entered: 11/15/1991)

Nov. 14, 1991

Nov. 14, 1991

PACER
11

TEMPORARY RESTRAINING ORDER by Judge C A. Muecke: enjoining dft Lewis & DOC from transferring H.B. from Flamenco, a DOC psychiatric facility where she is presently located. Dft may not transfer H.B. to Perryville, Florence on any other DOC facility. If necessary to ensure adequate treatment, she may be transferred to ASH; FUR enjoining dft Lewis & DOC from placing H.B. in lock down, isolation, seclusion, restraints or any other similar restraining method for any rsn whatsoever while she is in Flamenco; FUR O dft Lewis & DOC to notify H.B.'s cnsl, AZ Cntr for Law in the Public intrst, immediaately if @ any tm H.B. refuses to take medication; FUR this TRO is in effect ten days until 11/29/91 & may be extnded for good cause shown (cc: all counsel) (ALL) (Entered: 11/15/1991)

Nov. 14, 1991

Nov. 14, 1991

PACER
12

MOTION in limine re: admissibility of transfer transcript by plaintiff [12-1] (MAP) (Entered: 11/18/1991)

Nov. 15, 1991

Nov. 15, 1991

PACER
13

Verification of discharge (original) by John Migliaro (MAP) (Entered: 11/18/1991)

Nov. 15, 1991

Nov. 15, 1991

PACER
14

ORDER by Judge C A. Muecke (re: motion in limine [12-1]) that pla's shl hv til 11/18/91 @ 2:00pm to file their esp to motion (cc: all counsel) (MAP) (Entered: 11/18/1991)

Nov. 15, 1991

Nov. 15, 1991

PACER
15

ORDER by Judge Earl H. Carroll granting motion to transfer case by plaintiff [5-1] Case reassigned to Judge C A. Muecke (with notice sent) (cc: all counsel) (MAP) Modified on 11/18/1991 (Entered: 11/18/1991)

Nov. 15, 1991

Nov. 15, 1991

PACER
16

RESPONSE by defendant to motion for temporary restraining order & temporary & permanent injunction by plaintiff 2 & ex parte motion for temporary restraining order by plaintiff [9-1] [9-1] (former emp) (Entered: 11/19/1991)

Nov. 18, 1991

Nov. 18, 1991

PACER
17

RESPONSE by defendant to motion in limine re: admissibility of transfer transcript by plaintiff [12-1] (former emp) (Entered: 11/19/1991)

Nov. 18, 1991

Nov. 18, 1991

PACER
18

MOTION for expedited hrg on outstndng mtns prior to hrg on req for prelim inj by defendant [18-1] (former emp) (Entered: 11/19/1991)

Nov. 18, 1991

Nov. 18, 1991

PACER
20

MOTION to supplement relief by plaintiff [20-1] (MAP) (Entered: 11/22/1991)

Nov. 18, 1991

Nov. 18, 1991

PACER
21

RETURN OF SERVICE EXECUTED personal by defendant John Migliaro on 11/14/91 (MAP) (Entered: 11/22/1991)

Nov. 18, 1991

Nov. 18, 1991

PACER
22

RETURN OF SERVICE EXECUTED lft cpy w/Jeanne Struble by defendant Samuel Lewis on 11/14/91 (MAP) (Entered: 11/22/1991)

Nov. 18, 1991

Nov. 18, 1991

PACER
23

MOTION to expand pagination on motion to dissolve and/ordismiss for failure to state a clm by defendant [23-1] (MAP) (Entered: 11/22/1991)

Nov. 18, 1991

Nov. 18, 1991

PACER

Proposed document, motion to dissolve/dismiss, submitted by defendant (MAP)

Nov. 18, 1991

Nov. 18, 1991

PACER
25

WITNESS LIST & Exhibits by plaintiff (MAP) (Entered: 11/22/1991)

Nov. 18, 1991

Nov. 18, 1991

PACER
26

WITNESS & Exhibit LIST by defendant (MAP) (Entered: 11/22/1991)

Nov. 18, 1991

Nov. 18, 1991

PACER
24

REPLY Memo by plaintiff in sprt of motion in limine re: admissibility of transfer transcript by plaintiff [12-1] (MAP) (Entered: 11/22/1991)

Nov. 19, 1991

Nov. 19, 1991

PACER

CLERK'S MINUTES Judge Inits: CAM Crt Rptr: V Reger: Hrg hld on mtn for prel inj [2-2]; FUR cnsl for pla & dfts orally amd TRO by stip, 1st & 2nd TRO; FUR pending mtns to be hld in abeyance (set aside) [31-1], [27-1], [18-1], [20-1], [12-1], [2-2], [23-1]; FUR if stlmnt negotiations are not completed, this hrg is cont to 11/25/91 @ 9:00 a.m.; FUR gr mtn to exceed pg limit, re: jnt mtn to dissolve &/or dism for failure to state a clm, or in the alt, mtn to stay by dfts AZ D.O.C./AZ State Hospital [23-1] (ALL)

Nov. 19, 1991

Nov. 19, 1991

PACER
37

JNT MOTION to dissolve (the 2nd TRO) by dfts John Migliaro, & Samuel Lewis [37-1], &/or to dismiss for failure to state a clm by dfts John Migliaro, & Samuel Lewis [37-2], or in the alt to stay (this action until resolution of a related cs crntly pending b/4 this crt which encompass pla's clms rendering this action duplicative) by dfts John Migliaro, & Samuel Lewis [37-3] (ALL) (Entered: 12/03/1991)

Nov. 19, 1991

Nov. 19, 1991

PACER
19

ORDER by Judge C A. Muecke: cnsl shall--meet NLT 11/22/91 to discss prelim inj; by 11/25/91 file reqs for admssns; by 11/22/91 file jnt stip re exhbts; by 11/22/91 file jnt stmt; by 11/22/91 file summaries of testmny; by 11/22/91 delivr mrkd exhbts to chmbrs & contact crtrm deputy; hearing set 11/25/91 @ 1:00 ; by 12/6/91 file p/posed F/F & C/L; by 12/13/91 file resp to F/F & C/L (see doc for full details) (cc: all counsel) (former emp) (Entered: 11/21/1991)

Nov. 21, 1991

Nov. 21, 1991

PACER
27

SECOND MOTION to supplement relief by plaintiff [27-1] (MAP) (Entered: 11/25/1991)

Nov. 22, 1991

Nov. 22, 1991

PACER
28

JOINT PRETRIAL STMT (SCHEDULE) (ALL) (Entered: 11/26/1991)

Nov. 22, 1991

Nov. 22, 1991

PACER
29

JNT STIPULATION re admissibility of exbts for hrg on rqst for prel inj [2-2] (ALL) (Entered: 11/26/1991)

Nov. 22, 1991

Nov. 22, 1991

PACER
30

NOTICE by plaintiffs, defendants of smry of testimony of witnesses (purs to the crt's O of 11/21/91) (ALL) (Entered: 11/26/1991)

Nov. 22, 1991

Nov. 22, 1991

PACER

Proposed document submitted by plaintiff, re: pla's obj to dfts' jnt mtn to dissolve &/or dism for failure to state a clm, or in the alt, mtn to stay (ALL)

Nov. 22, 1991

Nov. 22, 1991

PACER
38

OBJ (RESPONSE) by plaintiffs to motion to dissolve (the 2nd TRO) by dfts John Migliaro, & Samuel Lewis [37-1], motion to dismiss for failure to state a clm by dfts John Migliaro, & Samuel Lewis [37-2], & motion to stay (this action until resolution of a related cs crntly pending b/4 this crt which encompass pla's clms rendering this action duplicative) by dfts John Migliaro, & Samuel Lewis [37-3] (ALL) (Entered: 12/03/1991)

Nov. 22, 1991

Nov. 22, 1991

PACER
31

MOTION to deliver amd exbt by plaintiff [31-1] (ALL) (Entered: 11/26/1991)

Nov. 25, 1991

Nov. 25, 1991

PACER
32

NOTICE by plaintiff of svc of dscvry (ALL) (Entered: 11/26/1991)

Nov. 25, 1991

Nov. 25, 1991

PACER

CLERK'S MINUTES Judge Inits: CAM Crt Rptr: V Reger granting motion to deliver amd exbt (Exbt D) by plaintiff [31-1]; FUR exbts A-E offered & admitted; FUR gr dft lv to prepare addtl smry; FUR the TRO will remain in full force & effect; FUR cont motion for preliminary injunction by plaintiff [2-2] at 9:00 12/9/91 (ALL)

Nov. 25, 1991

Nov. 25, 1991

PACER
34

NOTICE of filing addtl exbt: exbt #78 (which is a smry of dfts' exbts #'s 8-77, already admitted into evidence) (ALL) (Entered: 12/02/1991)

Nov. 26, 1991

Nov. 26, 1991

PACER
33

NOTICE by plaintiff of filing 1st A/C (ALL) (Entered: 12/02/1991)

Nov. 27, 1991

Nov. 27, 1991

PACER
35

1ST AMENDED COMPLAINT by plaintiff [1-1]; adding Mary Vermeer, David Fernandez, & Marcel Leet (ALL) (Entered: 12/02/1991)

Nov. 27, 1991

Nov. 27, 1991

PACER
36

TEMPORARY RESTRAINING ORDER by Judge C A. Muecke : enjoining dft Lewis & DOC from transferring H.B. from Flamenco...this TRO is in effect until the crt rules on pla's mtn for prej inj or gr dfts' mtn to dism...(see doc) (cc: all counsel) (ALL) (Entered: 12/02/1991)

Dec. 2, 1991

Dec. 2, 1991

PACER
39

JNT REPLY by ADOC, AZ State Hospital in sprt of their motion to dissolve (the 2nd TRO) by dfts John Migliaro, & Samuel Lewis [37-1], motion to dismiss for failure to state a clm by dfts John Migliaro, & Samuel Lewis [37-2], or in the alt motion to stay (this action until resolution of a related cs crntly pending b/4 this crt which encompass pla's clms rendering this action duplicative) by dfts John Migliaro, & Samuel Lewis [37-3] (ALL) (Entered: 12/03/1991)

Dec. 2, 1991

Dec. 2, 1991

PACER
40

JNT STIPULATION to exttm w/in which to file ans to cmp [1-1] (ALL) (Entered: 12/04/1991)

Dec. 3, 1991

Dec. 3, 1991

PACER
41

ORDER by Judge C A. Muecke granting motion in limine re: admissibility of transfer transcript by plaintiff [12-1]; FUR granting motion for expedited hrg on outstndng mtns prior to hrg on req for prelim inj by defendant [18-1]; FUR granting motion to supplement relief by plaintiff [20-1]; FUR granting motion to supplement relief by plaintiff [27-1]; FUR dfts' mtn to expand pagination is gr [23-1]. The clk of crt shall file the mtn to dism lodged on 11/18/91; FUR plas' mtn to deliver amd exbt is gr (cc: all counsel) (ALL) (Entered: 12/04/1991)

Dec. 4, 1991

Dec. 4, 1991

PACER
42

RETURN OF SERVICE EXECUTED: s/c upon defendant Marcel Leet, prsnly on 11/27/91 (ALL) (Entered: 12/04/1991)

Dec. 4, 1991

Dec. 4, 1991

PACER
43

RETURN OF SERVICE EXECUTED: s/c/O upon defendant David Fernandez, prsnly on 11/27/91 (ALL) (Entered: 12/04/1991)

Dec. 4, 1991

Dec. 4, 1991

PACER
44

RETURN OF SERVICE EXECUTED s/c/O by defendant Mary Vermeer, prsnly on 11/27/91 (ALL) (Entered: 12/04/1991)

Dec. 4, 1991

Dec. 4, 1991

PACER
45

RETURN OF SERVICE EXECUTED: s/c upon Grant Woods, by srving Crystal Barber on 11/27/91 (ALL) (Entered: 12/04/1991)

Dec. 4, 1991

Dec. 4, 1991

PACER
46

ORDER by Judge C A. Muecke denying motion to dissolve (the 2nd TRO) by dfts John Migliaro, & Samuel Lewis [37-1] w/o prej; FUR denying motion to dismiss for failure to state a clm by dfts John Migliaro, & Samuel Lewis [37-2] w/o prej; FUR denying motion to stay (this action until resolution of a related cs crntly pending b/4 this crt which encompass pla's clms rendering this action duplicative) by dfts John Migliaro, & Samuel Lewis [37-3] w/o prej AS TO RENEWAL OF THE MTN BASED UPON THE A/C (cc: all counsel) (ALL) (Entered: 12/05/1991)

Dec. 5, 1991

Dec. 5, 1991

PACER
47

Court Reporter's Transcript of Preliminary inj Proceedings for the following date(s): 11/25/91 (ALL) (Entered: 12/06/1991)

Dec. 6, 1991

Dec. 6, 1991

PACER

CLERK'S MINUTES Judge Inits: CAM Crt Rptr: V Reger motion for preliminary injunction by plaintiff [2-2] hrg cont; FUR exbts F & G offered and admitted; FUR gr dft lv to file mtn to strike exbt #D-lockdown references by 12/12/91, RESP due 12/19, RPLY due 12/24; FUR dft orally moves to dismiss AZ State Hospital. Dft for Dpt of Corrections orally moves to dism action. Mtns argued. Mtns denied; FUR pla gr lv to re-open their cs for purs of putting Dr. David Fernandez on the witness stand; FUR crt recessed until Wednesday, December 11, 1991 @ 9:00 (ALL)

Dec. 9, 1991

Dec. 9, 1991

PACER

CLERK'S MINUTES Judge Inits: CA Crt Rptr: V Reger motion for preliminary injunction by plaintiff [2-2] hrg cont; FUR exbts 78 & 2nd Amd #D offered and admitted; FUR Exbt H (impeachmnt exbt) offered and admitted; FUR crt recessed until Friday, 12/13 @ 9:00 (ALL)

Dec. 11, 1991

Dec. 11, 1991

PACER
48

MOTION to strike (portions of pla's exbt D) by dfts Samuel Lewis, Mary Vermeer, & David Fernandez [48-1] (ALL) (Entered: 12/17/1991)

Dec. 13, 1991

Dec. 13, 1991

PACER

CLERK'S MINUTES Judge Inits: CA Crt Rptr: V Reger mtn for perm inj hrg continued...recess until 1:15 p.m. (ALL)

Dec. 13, 1991

Dec. 13, 1991

PACER

CLERK'S MINUTES Judge Inits: CA Crt Rptr: V Reger re: mtn for perm inj hrg cont...; FUR cnsl will simultaneously file Findings of Fact & conclusions of law by 2/17/92; RESP by 3/9/92; FUR prel inj will remain in effect until the crt's final ruling; FUR cnsl for dfts will also file written mtns to dism, re: doctors by 1/14/92, resp by plas 1/28/92 & rply by dft 2/4/92; FUR separate trl memos also to be filed by cnsl on 3/9/92. At 4:45 p.m. O recess. (ALL)

Dec. 13, 1991

Dec. 13, 1991

PACER
49

STIPULATION to exttm w/in which to file ans to cmp [1-1] (ALL) (Entered: 12/18/1991)

Dec. 16, 1991

Dec. 16, 1991

PACER
50

NOTICE by AZ State Hospital of svc of resp to rqsts for admsn (ALL) (Entered: 12/18/1991)

Dec. 16, 1991

Dec. 16, 1991

PACER
51

ANSWER by dfts Samuel Lewis, Mary Vermeer, David Fernandez, (to cmp & A/C) (ALL) (Entered: 12/19/1991)

Dec. 18, 1991

Dec. 18, 1991

PACER
52

OBJ (RESPONSE) by plaintiffs to motion to strike (portions of pla's exbt D) by dfts Samuel Lewis, Mary Vermeer, & David Fernandez [48-1] (ALL) (Entered: 12/20/1991)

Dec. 19, 1991

Dec. 19, 1991

PACER
53

Court Reporter's Transcript of (Trl to the crt) Proceedings for the following date(s): 12/9/91 (ALL) (Entered: 01/06/1992)

Jan. 6, 1992

Jan. 6, 1992

PACER
54

Court Reporter's Transcript of (trl) Proceedings for the following date(s): 12/11/91 (ALL) (Entered: 01/06/1992)

Jan. 6, 1992

Jan. 6, 1992

PACER
55

Court Reporter's Transcript of (trl) Proceedings for the following date(s): 12/13/91 (ALL) (Entered: 01/06/1992)

Jan. 6, 1992

Jan. 6, 1992

PACER
56

Court Reporter's Transcript of Prel inj Proceedings for the following date(s): 11/19/91 (ALL) (Entered: 01/07/1992)

Jan. 6, 1992

Jan. 6, 1992

PACER
57

NOTICE by defendant ADOC of svc of dft's resp to pla's 1st rqst for admsns (ALL) (Entered: 01/13/1992)

Jan. 13, 1992

Jan. 13, 1992

PACER
58

MOTION to dismiss for failure to state a clm by dfts John Migliaro, & Marcel Leet [58-1] (ALL) (Entered: 01/14/1992)

Jan. 14, 1992

Jan. 14, 1992

PACER

MEMORANDUM from Dpty in Charge, R.H., re: mailing of two separate O to AZ Atty General's office (ALL)

Jan. 17, 1992

Jan. 17, 1992

PACER
59

STIP (DISMISSAL NOTICE terminating defendants John Migliaro & Marcel Leet) (ALL) (Entered: 01/30/1992)

Jan. 29, 1992

Jan. 29, 1992

PACER
60

ORDER by Judge C A. Muecke gr stip dism w/prej dfts Migliaro & Leet from this action, each pty to bear his or her csts, & dism w/prej pla's 2nd, 3rd & 5th clms for relief against dfts Lewis & Fernandez, each pty to bear his or her own csts; FUR O that there is no just rsn for delay & that jgm in accordance w/this O s/b entered 4thwth (jgm unnecessary) (cc: all counsel/jgm dr) (ALL) (Entered: 01/31/1992)

Jan. 31, 1992

Jan. 31, 1992

PACER
61

PROPOSED FINDINGS OF FACT and conclusions of law by plaintiff (w/memo in sprt atchd) (MAP) Modified on 03/12/1992 (Entered: 02/18/1992)

Feb. 18, 1992

Feb. 18, 1992

PACER
62

NOTICE by dfts Charles L Arnold, David Fernandez, & Mary Vermeer of filing prop findings of fact & conclusions of law (ALL) (Entered: 02/19/1992)

Feb. 18, 1992

Feb. 18, 1992

PACER
63

MOTION to dismiss by dfts Samuel Lewis, David Fernandez, & Mary Vermeer [63-1] (ALL) (Entered: 02/19/1992)

Feb. 18, 1992

Feb. 18, 1992

PACER
64

RESPONSE by plaintiffs to motion to dismiss by dfts Samuel Lewis, David Fernandez, & Mary Vermeer [63-1] (ALL) (Entered: 03/10/1992)

March 9, 1992

March 9, 1992

PACER
65

OBJECTIONS by plaintiffs to prop findings of fact & conclusions of law [61-1] (ALL) (Entered: 03/10/1992)

March 9, 1992

March 9, 1992

PACER
66

ERRATA by plaintiffs to pla's memo in sprt (atchd to prop ff...) of prop findings of fact, conclsns of law & O [61-1] (ALL) (Entered: 03/12/1992)

March 9, 1992

March 9, 1992

PACER
67

RESPONSE by dfts Samuel Lewis, David Fernandez, & Mary Vermeer to resp to pla's memo in sprt (attchd to ff) of prop findings of fact [61-1] & concl of law & O & obj to prop findings of fact, conclsns of law & O (ALL) (Entered: 03/12/1992)

March 9, 1992

March 9, 1992

PACER
68

ERRATA by plaintiffs to proposed findings oof fact, conclusions of law & O [61-1] (ALL) (Entered: 04/30/1992)

April 28, 1992

April 28, 1992

PACER
69

ORDER by Judge C A. Muecke denying motion to strike (portions of pla's exbt D) by dfts Samuel Lewis, Mary Vermeer, & David Fernandez [48-1] (cc: all counsel) (MAP) (Entered: 06/12/1992)

June 12, 1992

June 12, 1992

PACER
70

ORDER by Judge C A. Muecke denying motion to dismiss by dfts Samuel Lewis, David Fernandez, & Mary Vermeer [63-1] (cc: all counsel) (MAP) (Entered: 06/12/1992)

June 12, 1992

June 12, 1992

PACER
72

FINDINGS OF FACT and conclusions of law by Judge C A. Muecke: (gr mtn for injunction 2 ) [see doc for full details] (Cert copy of orig order filed in lead action CIV-90-54-PHX-CAM) (cc: all counsel) (CDE) Modified on 09/04/1992 (Entered: 09/03/1992)

Sept. 3, 1992

Sept. 3, 1992

PACER
71

ORDER by Judge C A. Muecke that these actions be consol. Any future pleadings s/b filed in Casey v. Lewis, CV 90-54-PHX-CAM Case consolidated 2:90-cv-54 with member cases 2:91-cv-1808 (cc: all counsel) (ALL) (Entered: 09/03/1992)

Sept. 3, 1992

Sept. 3, 1992

PACER

ATTORNEY SUBSTITUTION: terminating attorney Tannis Fox for Charles L Arnold in 2:91-cv-01808 and substituting attorney Leslie J Cohen (CAD)

Oct. 30, 1992

Oct. 30, 1992

PACER

ATTORNEY SUBSTITUTION: terminating attorney Sonia D Overholser for David Fernandez in 2:91-cv-01808, for Mary Vermeer in 2:91-cv-01808, for Samuel Lewis in 2:91-cv-01808 and substituting attorney Edward G Hochuli, Kathleen L Wieneke, Daniel Patrick Struck for same dfts (CAD)

Nov. 4, 1992

Nov. 4, 1992

PACER

ATTORNEY APPEARANCE for pla Charles L Arnold/H.B. in 2:91-cv-01808 by Tannis Fox (CAD)

March 29, 1993

March 29, 1993

PACER
73

CERTIFIED COPY of 9CCA Mandate dismissing the appeal (cc: all counsel) [73-1] (DDL) (Entered: 04/05/1993)

April 5, 1993

April 5, 1993

PACER

ORDER by Judge C A. Muecke Frank Rundle, M.D. shall be appointed Special Master to formulate the inj relief, NLT 12/9/94 pla's shall file a written notice with the court indicating whether or not Mr. Rundle is available (cc: all counsel) re: order [556-1] (SRB)

Nov. 18, 1994

Nov. 18, 1994

PACER
74

MOTION for order by 212 inmates in the Central Unit to remove Janet Bliss from the position of Special Master [74-1] (ALL) (Entered: 04/02/1996)

April 1, 1996

April 1, 1996

PACER
75

ORDER by Judge C A. Muecke that dfts shall implement their proposed internal managemtn polices as soon as possible so that the parties and special master may determine whether they efectively implement the permanent injuction; vacating [719-1] order that the parties meet to settle differences in the internal management polices 2:90-cv-00054 (cc: all counsel) (SRB) (Entered: 04/11/1996)

April 11, 1996

April 11, 1996

PACER

REMARK; appeal filed in lead case CV 90-54 (#948) (REW)

July 16, 1997

July 16, 1997

PACER

REMARK; mandate filed (#964) in lead case 2/3/98, re: 97-16530 (REW)

Feb. 3, 1998

Feb. 3, 1998

PACER

Case Details

State / Territory: Arizona

Case Type(s):

Mental Health (Facility)

Key Dates

Filing Date: Nov. 14, 1991

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

Prisoner alleging prison officials' deliberate indifference to mental health needs was unconstitutional

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: Unknown

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Arizona Mental Health Prisons, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 1992 - 0

Content of Injunction:

Preliminary relief granted

Issues

General:

Confinement/isolation

Medical/Mental Health:

Medication, administration of

Mental health care, unspecified

Type of Facility:

Government-run