Case: Casey v. Lewis

2:90-cv-00054 | U.S. District Court for the District of Arizona

Filed Date: Jan. 12, 1990

Closed Date: May 22, 2000

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Case Summary

This is a Section 1983 case brought in federal district court for the District of Arizona (Judge Roger Strand) by prisoners. The plaintiffs, represented by the National Prison Project of the ACLU, filed the class action complaint on January 12, 1990. The complaint named as plaintiffs all current and future adults, male and female, in the custody of the Arizona Department of Corrections. The defendants were officials of the Arizona Department of Corrections. The primary allegations of the complaint were defendants' deliberate indifference to prisoners' serious medical needs, failure to provide prisoners meaningful access to the courts and counsel, and failure to provide prisoners due process in segregation assignments, in alleged violation of the First, Sixth, Eighth and Fourteenth Amendments. Based on these claims, plaintiffs requested equitable relief.

Plaintiffs soon after filed an amended class action complaint that included additional claims regarding defendants' failure to accommodate handicapped prisoners and denial of equal protection of the law to female prisoners. The District Court granted plaintiffs' motion for class certification on June 27, 1990.

According to the docket, the matter was consolidated with Arnold v. Lewis, Civil Action No. 91-CV-1808, MH-AZ-001, on September 3, 1992.

On September 6, 1991, the District Court held: blanket prohibition of attorney contact visits in certain prison units was invalid, and a policy prohibiting assignment of HIV positive prisoners to food service employment violated the Rehabilitation Act. Casey v. Lewis, 773 F. Supp. 1365 (D. Ariz. 1991). Defendants appealed this decision. The Ninth Circuit vacated in part and reversed in part, holding that the prohibition against certain inmates having visitation with attorneys was reasonably related to legitimate penological interests and that the HIV positive inmates lacked standing to challenge the food service policy. Casey v. Lewis, 4 F.3d 1516 (9th Cir. 1993).

In a separate decision, the District Court held that the law library facilities and inmate access violated the prisoners' right of access to courts. Casey v. Lewis, 834 F. Supp. 1553 (D. Ariz. 1992). Defendants appealed. The Ninth Circuit affirmed in part, vacated in part holding that defendants legal access program unconstitutionally denied inmates access to courts. Casey v. Lewis, 43 F.3d 1261 (9th Cir. 1994). Certiorari was granted and the Supreme Court reversed and remanded. Lewis v. Casey, 518 U.S. 343 (1996). Speaking for the Court, Justice Scalia held that the inmates couldn't establish an actual injury based on an allegation that the law library was sub par in a theoretical sense. Justice Scalia also held that delays of up to 16 days for inmates to receive legal materials did not violate their constitutional right of access to the courts, provided that the delays were reasonably related to legitimate penological interests. The Court vacated the part of the district court's order regarding law libraries. The rest of the order remained in force.

While the appellate and Supreme Court litigation unfolded, in a series of decisions from 1991 to 1993, the District Court held: the treatment available to mentally ill inmates violated the Eighth Amendment; unequal treatment of male and female inmates violated the equal protection rights of female inmates; and the failure to provide handicap access to disabled inmates violated the Eighth Amendment rights of inmates. Casey v. Lewis, 834 F. Supp. 1477 (D. Ariz. 1993); 834 F. Supp. 1569 (D. Ariz. 1993). However, the District Court also held that inmate classification and administrative segregation policies did not create liberty interests for inmates in a particular classification. Casey v. Lewis, 837 F. Supp. 1009 (D. Ariz. 1993).

In February 1999 Magistrate Judge Virginia Mathis recommended the court find defendants to be in ""substantial compliance"" with the injunction regarding mental health and also requested that a special master be appointed for a 9-month period of observation to ensure that defendants are still found to be in substantial compliance. All parties filed a stipulation for entry of order adopting Judge Mathis' report and recommendation. Judge Strand granted the stipulation. In May 2000, all parties filed a stipulation for dismissal regarding termination of injunctive relief and dismissal of the matter. On May 22, 2000, Judge Strand granted the stipulation and dismissed the action.


2:90-cv-00054	Docket (PACER)	May 22, 2000	May 22, 2000 Docket
1 2:90-cv-00054	Class Action Complaint	Jan. 12, 1990	Jan. 12, 1990 Complaint
2:90-cv-00054	Amended Class Action Complaint	Jan. 12, 1990	Jan. 12, 1990 Complaint
243 2:90-cv-00054	Amended Memorandum and Order	Sept. 6, 1991	Sept. 6, 1991 Order/Opinion 773 F.Supp. 1365
369 2:90-cv-00054 2:91-cv-01808	Findings of Fact and Conclusions of Law	Sept. 3, 1992	Sept. 3, 1992 Order/Opinion 803 F.Supp. 246
385 2:90-cv-00054 2:91-cv-01808	Findings of Fact and Conclusions of Law: Access to the Courts	Nov. 13, 1992	Nov. 13, 1992 Order/Opinion 834 F.Supp. 1553
404 2:90-cv-00054 2:91-cv-01808	Findings of Fact and Conclusions of Law: Medical, Dental and Mental Health Care	March 19, 1993	March 19, 1993 Order/Opinion 834 F.Supp. 1477
409 2:90-cv-00054 2:91-cv-01808	Findings of Fact and Conclusions of Law	April 5, 1993	April 5, 1993 Order/Opinion 834 F.Supp. 1569
424 2:90-cv-00054 2:91-cv-01808	Findings of Fact and Conclusions of Law	April 30, 1993	April 30, 1993 Order/Opinion 837 F.Supp. 1009
91-16513	Opinon U.S. Court of Appeals for the Ninth Circuit	Sept. 23, 1993	Sept. 23, 1993 Order/Opinion 4 F.3d 1516

Title	Description		External URL Date / External URL
Sunbelt Justice: Arizona and the Transformation of American Punishment Mona Lynch	In the late 20th century, the United States experienced an incarceration explosion. Over the course of twenty years, the imprisonment rate quadrupled, and today more than than 1.5 million people are …	2010	Jan. 1, 2010 https://www.sup.org/...
The Oyez Project, Lewis v Casey, 518 U.S. 343 (1996) Oyez Project	Information about the Supreme Court litigation, including an audio recording of the oral argument, and the written opinion.	June 24, 1996	June 24, 1996 http://www.oyez.org/...

ECF Number	Date	Description	Link
1	Jan. 12, 1990	COMPLAINT FILED AND SUMMONS ISSUED (APJ) (Entered: 01/17/1990)	Clearinghouse
2	Jan. 12, 1990	NOTICE by plaintiffs of Service of Request for Production of Documents (APJ) (Entered: 01/17/1990)	RECAP
3	Feb. 13, 1990	ANSWER by Hal Cardin, William Rhode, George Herman, Roger Crist, Samuel A Lewis (CDE) (Entered: 02/15/1990)	RECAP
4	Feb. 22, 1990	ATTORNEY APPEARANCE for defendants by Edward G Hochuli (CDE) (Entered: 02/26/1990)	RECAP
5	Feb. 26, 1990	ACCEPTANCE/ACKNOWLEDGEMENT OF SERVICE 4c upon defendant William Rhode on 1/15/90 (CDE) (Entered: 02/26/1990)	RECAP
6	Feb. 26, 1990	ACCEPTANCE/ACKNOWLEDGEMENT OF SERVICE 4c upon defendant Samuel A Lewis on 1/16/90 (CDE) (Entered: 02/26/1990)	RECAP
7	Feb. 26, 1990	ACCEPTANCE/ACKNOWLEDGEMENT OF SERVICE 4c upon defendant Hal Cardin on 1/30/90 (CDE) (Entered: 02/26/1990)	RECAP
8	Feb. 26, 1990	ACCEPTANCE/ACKNOWLEDGEMENT OF SERVICE 4c upon defendant Roger Crist on 1/18/90 (CDE) (Entered: 02/26/1990)	RECAP
9	March 9, 1990	MOTION to transfer case to Judge Muecke filed by plaintiff [9-1] (CDE) (Entered: 03/12/1990)	RECAP
10	March 12, 1990	AMENDED MOTION to transfer case by plaintiff 10 . (CDE) (Entered: 03/13/1990)	RECAP
11	March 12, 1990	NOTICE by plaintiff amd mtn to transfer. (CDE) (Entered: 03/13/1990)	RECAP
12	March 16, 1990	NOTICE by defendant of resp to disc pprs. (CDE) (Entered: 03/19/1990)	RECAP
13	March 19, 1990	RESPONSE by defendants to motion to transfer case by plaintiff 10 . (CDE) (Entered: 03/20/1990)	RECAP
14	March 20, 1990	MOTION to certify class filed by plaintiff [14-1] (CDE) (Entered: 03/21/1990)	RECAP
15	March 20, 1990	NOTICE by plaintiff of svc of disc pprs. (CDE) (Entered: 03/21/1990)	RECAP
16	March 26, 1990	REPLY by plaintiff to response to motion to transfer case by plaintiff 10 (CDE) (Entered: 03/26/1990)	RECAP
17	March 30, 1990	RESPONSE by defendant to motion to certify class filed by plaintiff [14-1] (CDE) (Entered: 04/03/1990)	RECAP
18	April 3, 1990	JOINDER by defendant to pltf's mot to transfer (to CIV-84-1626-PHX-CAM) and withdrawal of opposition to mot to transfer [10-1] (former emp) (Entered: 04/04/1990)	RECAP
19	April 4, 1990	ANSWER by Samuel A Lewis (CDE) (Entered: 04/05/1990)	RECAP
20	April 4, 1990	DEMAND for jury trial by defendant (CDE) (Entered: 04/05/1990)	RECAP
21	April 10, 1990	MOTION for protective order by plaintiff & the class [21-1] (CDE) (Entered: 04/12/1990)	RECAP
22	April 11, 1990	MOTION to extend time for pltf to reply to mtn for class cert (til 4/18/90) by plaintiff [22-1] (CDE) (Entered: 04/12/1990)	RECAP
24	April 18, 1990	REPLY by plaintiff to response to motion to certify class filed by plaintiff [14-1] (CDE) (Entered: 04/19/1990)	RECAP
23	April 19, 1990	ORDER by Judge Earl H. Carroll granting motion to extend time for pltf to reply to mtn for class cert (til 4/18/90) by plaintiff [22-1] (cc: all counsel) (former emp) (Entered: 04/19/1990)	RECAP
25	April 19, 1990	RESPONSE by defendant to motion for protective order by plaintiff & the class [21-1] (CDE) (Entered: 04/20/1990)	RECAP
26	April 23, 1990	ORDER by Judge C A. Muecke granting motion to transfer case by plaintiff 10 Case reassigned to Judge C A. Muecke (with notice sent) (cc: all counsel) (CDE) (Entered: 04/23/1990)	RECAP
27	April 23, 1990	NOTICE by defendants of srvc of pltfs' interrogs & 2nd req for prdctn of docs. (AMB) (Entered: 04/26/1990)	RECAP
28	April 23, 1990	NOTICE by defendants of srvc of non-unfrm interrogs. (AMB) (Entered: 04/26/1990)	RECAP
29	April 27, 1990	NOTICE by defendant of svc of disc pprs (CDE) (Entered: 04/30/1990)	RECAP
30	May 1, 1990	REPLY by plaintiff to response to motion for protective order by plaintiff & the class 21 . (CDE) (Entered: 05/02/1990)	RECAP
31	May 21, 1990	SCHEDULING ORDER by Judge C A. Muecke pretrial order ddl set for 10/29/90. (cc: all counsel) (former emp) (Entered: 05/21/1990)	RECAP
32	June 12, 1990	MOTION to compel by plaintiffs/class [32-1] (CDE) (Entered: 06/14/1990)	RECAP
33	June 12, 1990	NOTICE OF HEARING by plaintiff setting motion to compel by plaintiffs/class [32-1] at 10:00 7/6/90, setting motion for protective order by plaintiff & the class [21-1] at 10:00 7/6/90, setting motion to certify class filed by plaintiff [14-1] at 10:00 7/6/90 (CDE) (Entered: 06/14/1990)	RECAP
35	June 26, 1990	RESPONSE by dfts to motion to compel by plaintiffs/class [32-1] (CDE) (Entered: 06/28/1990)	RECAP
36	June 26, 1990	MEMORANDUM by defendants in suprt of dfts' resp to pltfs' mtn to compel disc and dfts' mtn to strike. (CDE) (Entered: 06/28/1990)	RECAP
34	June 27, 1990	ORDER by Judge C A. Muecke granting pltfs motion for class ceritfication filed by plaintiff [14-1] (cc: all counsel) (CDE) (Entered: 06/27/1990)	RECAP
37	July 9, 1990	NOTICE by defendant of svc of disc. (CDE) (Entered: 07/11/1990)	RECAP
38	July 12, 1990	ORDER by Judge C A. Muecke granting in part motion to compel by plaintiffs/class 32 [see doc for full details] (cc: all counsel) (CDE) (Entered: 07/12/1990)	RECAP
	July 18, 1990	CLERK'S MINUTES Judge Inits: CAM Crt Rptr: B. Hightower Pltf's mtn to cert class gr in prior order 14 . Denying motion for protective order by plaintiff & the class 21 . Motion to compel by plaintiffs/class w/b ruled upon by formal order to follow 32 . (CDE)
39	July 19, 1990	ORDER by Judge C A. Muecke denying motion for protective order by plaintiff & the class [21-1] (cc: all counsel) (CDE) (Entered: 07/19/1990)	RECAP
40	July 26, 1990	MOTION for reconsideration of plas' certification as a class by defendant [40-1] (APJ) (Entered: 07/27/1990)	RECAP
41	July 26, 1990	MEMORANDUM IN SUPPORT by defendant motion for reconsideration of plas' certification as a class by defendant [40-1] [40-1] (APJ) (Entered: 07/27/1990)	RECAP
42	July 26, 1990	NOTICE OF HEARING by plaintiff John - Tomlin, in court hearing set for 8/10/90 @ 10:00 re sponaneous discussions by pltfs' experts w/prison staff and access to random health records of prisoners (purs to 7/12/90 court order). (CDE) (Entered: 08/01/1990)	RECAP
43	July 31, 1990	MOTION for authority to secure attendance of inmates at depositions by defendants 43 (CDE) (Entered: 08/01/1990)	RECAP
44	Aug. 1, 1990	NOTICE by plaintiffs of filing docs in sprt of addtl disc (ALL) (Entered: 08/03/1990)	RECAP
	Aug. 2, 1990	Remark: ntc to w/d mtn ret'd, R10(g) cpy 4 Jdge (SRB)
45	Aug. 8, 1990	NOTICE OF WITHDRAWAL by defendant of motion for authority to secure attendance of inmates at depositions by defendants 43 [43-1] (CDE) (Entered: 08/13/1990)	RECAP
46	Aug. 9, 1990	RESPONSE by plaintiffs to motion for reconsideration of plas' certification as a class by defendant [40-1] (CDE) (Entered: 08/13/1990)	RECAP
47	Aug. 10, 1990	NOTICE by defendant of svc of disc responses. (CDE) (Entered: 08/13/1990)	RECAP
	Aug. 10, 1990	CLERK'S MINUTES Judge Inits: CAM; Crt Rptr: B. HIGHTOWER, ECR-- cnf re discvry held. Cnsl to wrk out procedures & presnt to crt w/p/posed ord w/in 10 dys re disclosures of prisoners' medical recrds (former emp)
48	Aug. 13, 1990	ORDER by Judge C A. Muecke:purs to stip of parties, dfts' mtn for security to secure the attendance of inmates at depos is withdrawn. [45-1], 43 (cc: all counsel) (CDE) (Entered: 08/13/1990)	RECAP
49	Aug. 21, 1990	JOINT NOTICE of filing order. (CDE) (Entered: 08/22/1990)	RECAP
50	Aug. 21, 1990	MEMORANDUM by defendants re order lodged 8/21/90. (CDE) (Entered: 08/22/1990)	RECAP
51	Aug. 29, 1990	ORDER by Judge C A. Muecke denying motion for reconsideration of plas' certification as a class by defendant [40-1] (cc: all counsel) (CDE) (Entered: 08/29/1990)	RECAP
52	Sept. 4, 1990	NOTICE of svc (2nd set of interrog & 3rd req for production of documents) by plaintiff Fletcher Charles Casey Jr. (former emp) (Entered: 09/05/1990)	RECAP
53	Sept. 5, 1990	ORDER by Judge C A. Muecke: dfts shl perm pltfs' attys and health care experrts to review prisoner med/mental health records selected by them for purposes of dev an eval of ADOC health care delivery system w/o necessity of signed med releases [see doc for full details] (re: minute entry [0-0] (cc: all counsel) (CDE) (Entered: 09/05/1990)	RECAP
54	Sept. 10, 1990	NOTICE by plaintiff and the class of change of address (Pltfs cnsl). (CDE) (Entered: 09/11/1990)	RECAP
55	Sept. 14, 1990	MOTION to extend time to comply w/LR 42c by plaintiff [55-1] (former emp) (Entered: 09/14/1990)	RECAP
56	Sept. 18, 1990	ORDER by Judge C A. Muecke granting motion to extend time to comply w/LR 42c by plaintiff [55-1] pretrial order ddl reset for 11/30/90 (cc: all counsel) (CDE) (Entered: 09/18/1990)	RECAP
57	Sept. 19, 1990	MOTION to extend time to comply w/LR 42c by defendants [57-1] (SRB) (Entered: 09/19/1990)	RECAP
58	Sept. 28, 1990	CORRECTED NOTICE by plaintiffs and the class of svc of disc pprs. (CDE) (Entered: 10/02/1990)	RECAP
59	Sept. 28, 1990	NOTICE by pltfs and class of svc of disc pprs. (CDE) (Entered: 10/02/1990)	RECAP
60	Sept. 28, 1990	NOTICE by plaintiffs and class of svc of disc pps. (CDE) (Entered: 10/02/1990)	RECAP
61	Oct. 5, 1990	NOTICE by defendant of svc of disc pprs. (CDE) (Entered: 10/10/1990)	RECAP
62	Oct. 5, 1990	NOTICE by plaintiffs of svc of disc pprs. (CDE) (Entered: 10/10/1990)	RECAP
63	Oct. 9, 1990	RESPONSE by plaintiff to motion to extend time to comply w/LR 42c by defendants [57-1] (CDE) (Entered: 10/10/1990)	RECAP
64	Oct. 12, 1990	ORDER by Judge C A. Muecke granting motion to extend time to comply w/LR 42c by defendants [57-1] proposed PTO (42c) ddl cont to 01-31-91. (cc: all counsel) (APJ) (Entered: 10/12/1990)	RECAP
65	Oct. 15, 1990	REPLY by defendant to motion to extend time to comply w/LR 42c by defendants [57-1] [57-1] (CDE) (Entered: 10/17/1990)	RECAP
67	Oct. 25, 1990	NOTICE by defendant of service (MAP) (Entered: 10/30/1990)	RECAP
66	Oct. 29, 1990	NOTICE OF HEARING by plaintiff, pretrial conference set for 11/15/90 @ 1:30 (set by pltfs ntc) (CDE) (Entered: 10/29/1990)	RECAP
68	Nov. 5, 1990	NOTICE by plaintiff OF TAKING DEPO OF Ronald W. Centric, D.O. on the following date(s): 11/12/90 (CDE) (Entered: 11/06/1990)	RECAP
69	Nov. 6, 1990	NOTICE by defendant svc of disc pprs (CDE) (Entered: 11/08/1990)	RECAP
70	Nov. 7, 1990	MOTION to extend time to respond to admissions by plaintiff 70 . (CDE) (Entered: 11/08/1990)	RECAP
71	Nov. 8, 1990	ORDER by Judge C A. Muecke granting motion to extend time til 11/12/90 to respond to admissions by plaintiff 70 (cc: all counsel) (CDE) (Entered: 11/08/1990)	RECAP
72	Nov. 13, 1990	NOTICE by plaintiff of filing suppl answers to dft's intrrgs & req for prdctn of docs (MAP) (Entered: 11/15/1990)	RECAP
73	Nov. 13, 1990	MOTION for leave to take exprts' depos & file req for prdctn for exprts' files by defendant [73-1] (MAP) (Entered: 11/15/1990)	RECAP
74	Nov. 13, 1990	PRE-TRIAL CONF MEMORANDUM by defendant re [66-1], [66-2] & [66-3] (MAP) (Entered: 11/15/1990)	RECAP
75	Nov. 13, 1990	NOTICE by plaintiff of svc of resp to dft's req for admssns, non-unfrm intrrgs & req for prdctn of docs (MAP) (Entered: 11/16/1990)	RECAP
76	Nov. 14, 1990	MEMORANDUM by plaintiff summarizing issues crt will b asked to rslv @ 11/15/90 prelim hrgng re [66-3] (MAP) (Entered: 11/16/1990)	RECAP
77	Nov. 15, 1990	NOTICE of service by defendant (MAP) (Entered: 11/16/1990)	RECAP
78	Nov. 15, 1990	NOTICE by defendant of service (MAP) (Entered: 11/16/1990)	RECAP
79	Nov. 21, 1990	SUPPLEMENTAL memo by defendant in suppt of mtn for lv to take exprts' depos... [73-1] (former emp) (Entered: 11/23/1990)	RECAP
80	Nov. 26, 1990	NOTICE by defendant of disc pprs. (CDE) (Entered: 11/27/1990)	RECAP
81	Nov. 27, 1990	NOTICE by defendant of service (MAP) Modified on 02/02/1998 (Entered: 11/28/1990)	RECAP
82	Nov. 28, 1990	RESPONSE in opp by plaintiff to motion for leave to take exprts' depos & file req for prdctn for exprts' files by defendant [73-1] (MAP) (Entered: 11/28/1990)	RECAP
83	Dec. 6, 1990	REPLY by defendants in sprt of motion for leave to take exprts' depos & file req for prdctn for exprts' files by defendant [73-1] (MAP) (Entered: 12/07/1990)	RECAP
84	Dec. 10, 1990	NOTICE by plaintiff of filing disc pprs. (CDE) (Entered: 12/11/1990)	RECAP
85	Dec. 10, 1990	NOTICE by plaintiff of filing suppl to disc. (CDE) (Entered: 12/11/1990)	RECAP
	Dec. 12, 1990	CLERK'S MINUTES Judge Inits: CAM: Crt Rptr: Marge Harcarik/866-1045: granting motion for leave to take exprts' depos & file req for prdctn for exprts' files by defendant [73-1]; counsel to prepare a stipulated form of order for courts signature. (former emp)
86	Dec. 13, 1990	NOTICE by plaintiff of filing supl to disc. (CDE) (Entered: 12/18/1990)	RECAP
87	Dec. 14, 1990	NOTICE by defendant of svc of disc pprs. (CDE) (Entered: 12/18/1990)	RECAP
88	Dec. 14, 1990	NOTICE by plaintiff filing pltfs' suppl to disc. (CDE) (Entered: 12/18/1990)	RECAP
89	Dec. 19, 1990	MOTION to dismiss dfts' demand for jury trial by plaintiff [89-1] (former emp) (Entered: 12/21/1990)	RECAP
90	Dec. 28, 1990	NOTICE by defendants OF TAKING DEPO OF Dr. Cassandra Newkirk on the following date(s): 01-07 & 08-91 at 9:30 am (APJ) (Entered: 12/31/1990)	RECAP
91	Jan. 7, 1991	ORDER by Judge C A. Muecke: proposed PTO (42c) set for 4/24/91 setting disc ddls (re: motion for leave to take exprts' depos & file req for prdctn for exprts' files by defendant 73 [see doc for full details (cc: all counsel) (CDE) (Entered: 01/07/1991)	RECAP
92	Jan. 11, 1991	RESPONSE by defendant to motion to dismiss dfts' demand for jury trial by plaintiff [89-1] (MAP) (Entered: 01/14/1991)	RECAP
93	Jan. 15, 1991	NOTICE by defendant OF TAKING DEPO OF James Wilbur, on the following date(s): 1/22/91. (former emp) (Entered: 01/16/1991)	RECAP
94	Jan. 16, 1991	SUBSTITUTION TO RESPONSE by defendant to motion to dismiss dfts' demand for jury trial by plaintiff [89-1] [89-1] (CDE) (Entered: 01/22/1991)	RECAP
95	Jan. 25, 1991	REPLY by plaintiff to motion to dismiss dfts' demand for jury trial by plaintiff [89-1] [89-1] (CDE) (Entered: 01/28/1991)	RECAP
96	Feb. 8, 1991	MOTION for temporary restraining order by plaintiff [96-1], for preliminary injunction by plaintiff [96-2] (MAP) (Entered: 02/08/1991)	RECAP

Case: Casey v. Lewis

2:90-cv-00054 | U.S. District Court for the District of Arizona

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