Case: Harris v. Cardwell

2:75-cv-00185 | U.S. District Court for the District of Arizona

Filed Date: March 26, 1975

Closed Date: Aug. 31, 2007

Clearinghouse coding complete

Case Summary

This is a Section 1983 action brought by the class of all present and future inmates of the Arizona State Penitentiary at Florence charging unconstitutional conditions relating to crowding and medical care. Plaintiffs were represented by private counsel. This class action commenced in the District of Arizona some time in 1975. The file is not very complete; the docket available from PACER dates back only to May 18, 1989 and the file contains only that partial docket and a few court orders. …

This is a Section 1983 action brought by the class of all present and future inmates of the Arizona State Penitentiary at Florence charging unconstitutional conditions relating to crowding and medical care. Plaintiffs were represented by private counsel. This class action commenced in the District of Arizona some time in 1975. The file is not very complete; the docket available from PACER dates back only to May 18, 1989 and the file contains only that partial docket and a few court orders. The earliest available court order was filed on September 2, 1977. The court found that due to overcrowding and substandard facilities the plaintiffs' eighth amendment rights were being violated and Judge Carl A. Muecke therefore issued a preliminary injunction prohibiting defendants from allowing the male inmate population at the Arizona State Prison at Florence from exceeding 2,125 until October 3, 1977.

On December 13, 1978, the court ordered the adoption of defendants' proposed plan to improve inmate classification and health care services. As part of this order the court required written reports from defendants regarding implementation of the plan. On May 23, 1979, the court reviewed the implementation of defendants' plan and found it deficient due to lack of quality physician care. The court ordered defendants to address this deficiency and further lower the amount of overcrowding, specifically of maximum-security inmates.

On October 14, 1980, in response to a settlement agreement between the parties, the court expanded the scope of the injunction to require defendants to further decrease overcrowding and improve: classification procedures; health care facilities; work opportunities; and educational facilities for the inmates. As part of the agreement, defendants planned to refrain from: housing more than one inmate per cell; housing in dormitories those inmates classified as maximum custody status; double bunking inmates in dormitories and from providing less than 60 square feet of floor space per inmate in dormitories. The agreement also required defendants to maintain a classification system that ensures all new inmates would be carefully screened and evaluated for proper custodial assignment and program placement. Finally, the court maintained jurisdiction over the matter subject to a hearing to determine defendants' progress in implementing the agreement.

The 1980 judgment was amended on May 26, 1982 to eliminate the requirement that defendants maintain a classification system to regulate the surveillance of inmates. This final amendment also transferred monitoring responsibility from the court to an internal grievance system.

The paper docket is not in the file, and the PACER docket picks up in 1989 with motions by two individual inmates (no counsel) to enforce the judgment; these were dismissed, as were some similar filings in 2003. There are many docket entries between 1989 and 2003 that are not included in the PACER docket. Included among these were Defendants' Motion to Terminate Consent Decree Order [Doc. No. 868] and Plaintiffs' Motion to Re-Open and For Enforcement of Consent Decree and Permanent Injunction [Doc. No. 869], both filed in 1996, neither of which was ruled upon. In an order dated October 26, 2005, prompted by some of the individual inmate filings, Judge McNamee denied those two long-pending motions without prejudice.

On November 23, 2005, the case was reassigned to Judge Susan R. Bolton. She issued an order (dated December 6, 2006) calling for a status report by the parties. In response, the state filed a new motion to terminate, dated January 22, 2007. This motion explained the prior background of the case, and argued that the facts and law had changed significantly since 1982. In particular, the defendants argued that the enactment of the Prison Litigation Reform Act of 1996 (PLRA), 18 U.S.C. § 3626 justified the termination of relief in the Amended Judgment. The plaintiffs opposed the motion, arguing that the Amended Judgment contained preliminary findings of constitutional violations and the court was required to determine whether constitutional violations were ongoing before granting termination of the relief.

On August 31, 2007, the District Court (Judge Bolton) issued an order granting defendants' motion to terminate the relief on the grounds that the Amended Judgments contained no constitutional violations and thus the PLRA "immediate termination" provisions applied. The court held that prospective relief, in the absence of a prior finding of the violation of a federal right, must be terminated immediately.

Summary Authors

Eoghan Keenan (4/17/2005)

David Cho (11/10/2014)

People


Judge(s)

Bolton, Susan Ritchie (Arizona)

McNamee, Stephen M. (Arizona)

Muecke, Charles Andrew (Arizona)

Attorneys(s) for Plaintiff

Bendheim, Alice L. (Arizona)

Hawkins, Michael Daly (Arizona)

Hentoff, Nicholas Simon (Arizona)

Lewis, Frank (Arizona)

Pochoda, Daniel Joseph (Arizona)

Attorneys(s) for Defendant

Brodsky, Michael L. (Arizona)

Corbin, Robert K. (Arizona)

Judge(s)

Bolton, Susan Ritchie (Arizona)

McNamee, Stephen M. (Arizona)

Muecke, Charles Andrew (Arizona)

Attorneys(s) for Plaintiff

Bendheim, Alice L. (Arizona)

Hawkins, Michael Daly (Arizona)

Hentoff, Nicholas Simon (Arizona)

Lewis, Frank (Arizona)

Pochoda, Daniel Joseph (Arizona)

Attorneys(s) for Defendant

Brodsky, Michael L. (Arizona)

Corbin, Robert K. (Arizona)

DeLange, Darrin J. (Arizona)

Goddard, Terry (Arizona)

Morrow, James Russel (Arizona)

Prose, Thomas (Arizona)

Teply, R. Elizabeth (Arizona)

Other Attorney(s)

Johns, Michael A. (Arizona)

Loss, James (Arizona)

Documents in the Clearinghouse

Document

2:75-cv-00185

Docket [PACER]

Aug. 31, 2007

Aug. 31, 2007

Docket

2:75-cv-00185

Order

Sept. 2, 1977

Sept. 2, 1977

Order/Opinion

2:75-cv-00185

Order

Oct. 7, 1977

Oct. 7, 1977

Order/Opinion

2:75-cv-00185

Order on Population Limits

April 1, 1979

April 1, 1979

Order/Opinion

2:75-cv-00185

Order

May 23, 1979

May 23, 1979

Order/Opinion

2:75-cv-00185

Stipulation and Order Re Amendment of State's Plan on Medical Care

Sept. 26, 1979

Sept. 26, 1979

Order/Opinion

2:75-cv-00185

Order

Dec. 13, 1979

Dec. 13, 1979

Order/Opinion

2:75-cv-00185

Judgment

Oct. 14, 1980

Oct. 14, 1980

Order/Opinion

2:75-cv-00185

Amended Judgment

May 26, 1982

May 26, 1982

Order/Opinion
906

2:75-cv-00185

Order

Harris v. Caldwell

Oct. 26, 2005

Oct. 26, 2005

Order/Opinion

Resources

Docket

Last updated Aug. 14, 2022, 3:06 a.m.

ECF Number Description Date Link Date / Link
815

Gary St. Hilaire's Motion for enforcement of judgment, R.71 (former emp) (Entered: 05/18/1989)

May 18, 1989

May 18, 1989

816

Notice by Gary St. Hilaire of change of address (to ASPC−Perryville) (former emp) (Entered: 05/18/1989)

May 18, 1989

May 18, 1989

Letter from plaintiff Gary St. Hilaire to Hon CAM re mtn #815. (Placed in file) (former emp) (Entered: 05/18/1989)

May 18, 1989

May 18, 1989

Letter from plaintiff Gary St. Hilaire dtd 5/8/89 to Hon. CAM. (Placed in file) (former emp) (Entered: 05/18/1989)

May 18, 1989

May 18, 1989

817

ORDER (CAM): denying Gary St. Hilaire's motion for enforcement of judgment, R.71 [815−1] (cc: all counsel/Pltf Hilaire w/instructns for filing &form of complaint) (former emp) (Entered: 05/23/1989)

May 23, 1989

May 23, 1989

818

Motion by Royce Sands for contempt sanctions/summons ; &for writ of certiorari to presnt evid in supprt wch officlly exists (former emp) (Entered: 05/31/1989)

May 24, 1989

May 24, 1989

819

Motion by Royce Calvin Sands II for evidentiary hrg &to consolidate hrg w/bench trial in this crt (former emp) (Entered: 06/19/1989)

June 12, 1989

June 12, 1989

820

Notice by Royce Calvin Sands of Contempt (former emp) (Entered: 06/19/1989)

June 15, 1989

June 15, 1989

821

Motion by defendants to strike "Notice of Contempt" (former emp) (Entered: 06/22/1989)

June 20, 1989

June 20, 1989

822

Motion by defendants to strike "Notice of Contempt" by Royce Sands (former emp) (Entered: 06/22/1989)

June 20, 1989

June 20, 1989

823

ORDER (CAM): dfts' mtns to strike "Ntc of Contempt" vacated as moot [821−1] [822−1] (cc: all counsel) (former emp) (Entered: 06/22/1989)

June 22, 1989

June 22, 1989

824

ORDER (CAM): Mr. Sands' mtn for evidentry hrg &to consolidte hrg w/bench trl [819−1] in this crt denied [818−1]; Mr. Sands' ntc of contempt dismissed [820−1]. cc: All counsel (former emp) (Entered: 06/22/1989)

June 22, 1989

June 22, 1989

825

Filed by Royce Calvin Sands II an oppsn to motion to strike "Notice of Contempt" [822−1]; &MOTION to set (evidentiary hrg) (former emp) (Entered: 06/28/1989)

June 22, 1989

June 22, 1989

Letter from Gary St. Hilaire re: being sent cpy of an Order by mistake. (Gary St. Hilaire is a pty to this case &should be on the mailing list). **left side of file**. (CDE) (Entered: 06/29/1989)

June 27, 1989

June 27, 1989

826

ORDER by Judge C A. Muecke: denying w/o prej motion for contempt sanctions/summons 818 &P for writ of Certiorari... (cc: all counsel) (CDE) (Entered: 06/29/1989)

June 29, 1989

June 29, 1989

897

NOTICE of First Status Inquiry re : Motion to enforce Amended Judgment by James Lee Hess ***STRICKEN per Order [900−1] dated 11/4/03*** (SAT) Modified on 11/04/2003 (Entered: 01/30/2003)

Jan. 28, 2003

Jan. 28, 2003

898

NOTICE: Second Status Inquiry by movant James Lee Hess ***STRICKEN per Order [900−1] dated 11/4/03*** (SAT) Modified on 11/04/2003 (Entered: 04/01/2003)

April 1, 2003

April 1, 2003

899

MOTION for Order to Show Cause as to why defendants should not be held in contempt for violating the amended judgment and decree filed 5/26/82 by intervenor−plaintiff Antonneo R Boyce [899−1] ***STRICKEN per Order [900−1] filed 11/4/03*** (SAT) Modified on 11/04/2003 (Entered: 10/21/2003)

Oct. 20, 2003

Oct. 20, 2003

900

ORDER by Judge Stephen M. McNamee that the Clerk of Court shall STRIKE James Lee Hess's First Status Inquiry [897−1] and Second Status Inquiry [898−1] and Antonneo R Boyce's Motion for Order to Show Cause [899−1] from the record and return them to the prisoners who submitted them along with a copy of this Order; striking notice [897−1], striking notice [898−1], striking Motion for Order to Show Cause as to why defendants should not be held in contempt for violating the amended judgment and decree filed 5/26/82 by intervenor−plaintiff Antonneo R Boyce [899−1] (cc: all counsel) (SAT) (Entered: 11/04/2003)

Nov. 4, 2003

Nov. 4, 2003

REMARK as to James Lee Hess re order filed [900−1], original documents [897−1] and [898−1] returned along with copy of said order to James Lee Hess (SAT) (Entered: 11/04/2003)

Nov. 4, 2003

Nov. 4, 2003

REMARK as to Antonneo R Boyce re order filed [900−1]; original document [899−1] returned to Antonneo R Boyce along with copy of said order (SAT) (Entered: 11/04/2003)

Nov. 4, 2003

Nov. 4, 2003

901

RETURNED MAIL addressed to: Gary St Hilaire re order filed [900−1] "returned to sender − authorized time for forwarding has expired" (SAT) (Entered: 11/18/2003)

Nov. 17, 2003

Nov. 17, 2003

902

MOTION for Order To Show Cause by intervenor−plaintiff Antonneo R Boyce [902−1] ***STRICKEN AND RETURNED TO BOYCE PER ORDER DATED 6/1/05, #903*** (KMG) Modified on 06/01/2005 (Entered: 05/24/2005)

May 23, 2005

May 23, 2005

903

ORDER by Judge Stephen M. McNamee striking motion for Order To Show Cause by intervenor−plaintiff Antonneo R Boyce [902−1] and the clerk shall return the stricken motion to Boyce along with a copy of this order (cc: all counsel,orig mot returned to boyce) (CMM) (Entered: 06/01/2005)

June 1, 2005

June 1, 2005

904

MOTION to clarify order [903−1] by intervenor−plaintiff Antonneo R Boyce [904−1] (LSP) Modified on 10/27/2005 (MAP, ). DOCUMENT #904 STRICKEN AND RETURNED TO INTERVENOR BOYCE PURSUANT TO ORDER #906, FILED 10/27/05 (Entered: 06/10/2005)

June 9, 2005

June 9, 2005

905

RETURNED MAIL addressed to: Gary St Hilaire re order filed re order filed [903−1] "returned to sender − not deliverable as addressed unable to forward" (LCF) (Entered: 06/13/2005)

June 10, 2005

June 10, 2005

906

ORDER striking 904 Motion for Clarification, filed by Antonneo Boyce from the record and returning it to My Boyce with a copy of this Order FURTHER ORDERED that the Clk of Court shall strike the Motion to Enforce the Judgment, filed 10/17/96 872 from the record and retun it to Mr Foley FURTHER ORDERED that the pending motions in this case, Dfts' Motion to terminate Consent Decree 868 and Pla's Motion to Re−Open and for Enforcement of Consetn Decree 869 are denied w/out prejudice. Signed by Judge Stephen M McNamee on 10/26/05. (MAP, ) (Entered: 10/27/2005)

Oct. 27, 2005

Oct. 27, 2005

907

ORDER TO SHOW CAUSE Show Cause Hearing set for 11/17/2005 10:00 AM before Judge Stephen M McNamee to show cause why this Court should not terminate the Consent Decree Order in this case 812 .. Signed by Judge Stephen M McNamee on 10/27/05. (MAP, ) (Entered: 10/27/2005)

Oct. 27, 2005

Oct. 27, 2005

908

Minute Order (text only entry) Due to a conflict on the Court's calendar, Show Cause Hearing is re−set for 11/22/2005 01:30 PM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Stephen M McNamee. (TCA, ) (Entered: 11/07/2005)

Nov. 7, 2005

Nov. 7, 2005

910

Mail Returned as Undeliverable. Mail sent to Gary St Hilaire. Reason for return: Unable to Forward−No forwarding information available. Document number 906. (LSP) (Entered: 11/16/2005)

Nov. 8, 2005

Nov. 8, 2005

909

Mail Returned as Undeliverable. Mail sent to Gary St Hilaire. Reason for return: Unable to Forward−No forwarding information is available. Document number 907. (LSP) (Entered: 11/16/2005)

Nov. 14, 2005

Nov. 14, 2005

911

Mail Returned as Undeliverable. Mail sent to Gary St. Hilaire. Reason for return: Not deliverable as addressed. No forwarding information is available. Document number 908. (RDS) (Entered: 11/22/2005)

Nov. 21, 2005

Nov. 21, 2005

912

Minute Entry (text only entry) for proceedings held before Judge Stephen M McNamee : Apr. Alice Bendheim for plas, Michael Johns for dft USA, James Morrow and Michael Brodsky for dfts Show Cause Hearing held on 11/22/2005. The Court will recuse itself from any further involvement in this action. Court order to follow. (Court Reporter Gary Moll.) (TCA, ) (Entered: 11/23/2005)

Nov. 22, 2005

Nov. 22, 2005

913

ORDER REASSIGNING CASE. Case reassigned to Judge Susan R Bolton for all further proceedings. Judge Stephen M McNamee no longer assigned to case.. Signed by Judge Stephen M McNamee on 11/22/05. (TLJ, ) (Entered: 11/23/2005)

Nov. 23, 2005

Nov. 23, 2005

914

Mail Returned as Undeliverable. Mail sent to Gary St. Hilaire. Reason for return: Not deliverable as addressed. No forwarding information is available. Document number 913. (RDS) (Entered: 12/06/2005)

Dec. 2, 2005

Dec. 2, 2005

915

DOCUMENT STRICKEN PER ORDER 918 FILED 12/7/06 − MOTION to Enforce judgment by Muni Fred Harris. (Attachments: #(1) Exhibits I; #(2) Exhibits II; #(3) Affivadit; #(4) Letter to Secretary General)(KCS) Modified on 12/7/2006 (REW, ). (Entered: 05/09/2006)

May 8, 2006

May 8, 2006

916

NOTICE of Attorney Substitution by Michael L Brodsky, Michael L Brodsky adding Michael Brodsky and Michael L Brodsky for Harold J Cardwell (Brodsky, Michael) (Entered: 07/28/2006)

July 28, 2006

July 28, 2006

917

NOTICE of Attorney Substitution by Darrin J DeLange (DeLange, Darrin) (Entered: 11/29/2006)

Nov. 29, 2006

Nov. 29, 2006

918

ORDER striking Mr Abdullah's 915 Order to Show Cause and/or Motion to Enforce Judgment from the record. Clerk directed to mail a copy of this order to Mr Abdullah. Signed by Judge Susan R Bolton on 12/6/06.(REW, ) (Entered: 12/07/2006)

Dec. 7, 2006

Dec. 7, 2006

919

ORDER. All counsel shall file status reports within 45 days of the date of this order. Signed by Judge Susan R Bolton on 12/6/06. (REW, ) (Entered: 12/07/2006)

Dec. 7, 2006

Dec. 7, 2006

920

STATUS REPORT by United States of America. (Johns, Michael) (Entered: 01/18/2007)

Jan. 18, 2007

Jan. 18, 2007

921

STATUS REPORT by Harold J Cardwell. (DeLange, Darrin) (Entered: 01/22/2007)

Jan. 22, 2007

Jan. 22, 2007

922

MOTION to Set Aside re Motion to Terminate Prospective Relief of Amended Judgment of 1982 by Harold J Cardwell. (DeLange, Darrin) (Entered: 01/22/2007)

Jan. 22, 2007

Jan. 22, 2007

923

MOTION to Stay re Case for Thirty Days to Find Substitute Counsel by Gary St Hilaire, Muni Fred Harris, Gilbert A Ingalls, Jr, Michael P Tacho, Jesse Dominguez, Daniel Verdugo, Nich Romo, Eddy Owens Fountain. (Attachments: # 1 Text of Proposed Order)(Bendheim, Alice) (Entered: 01/26/2007)

Jan. 26, 2007

Jan. 26, 2007

924

MOTION to Expedite Consideration of Plaintiffs' Motion to Stay Case for Thirty Days to Find Substitute Counsel by Gary St Hilaire, Muni Fred Harris, Gilbert A Ingalls, Jr, Michael P Tacho, Jesse Dominguez, Daniel Verdugo, Nich Romo, Eddy Owens Fountain. (Attachments: # 1 Text of Proposed Order)(Bendheim, Alice) (Entered: 01/26/2007)

Jan. 26, 2007

Jan. 26, 2007

925

RESPONSE to Motion re 923 MOTION to Stay re Case for Thirty Days to Find Substitute Counsel filed by Harold J Cardwell. (DeLange, Darrin) (Entered: 01/29/2007)

Jan. 29, 2007

Jan. 29, 2007

926

RESPONSE to Motion re 924 MOTION to Expedite Consideration of Plaintiffs' Motion to Stay Case for Thirty Days to Find Substitute Counsel filed by Harold J Cardwell. (DeLange, Darrin) (Entered: 01/29/2007)

Jan. 29, 2007

Jan. 29, 2007

927

NOTICE of Attorney Substitution by Nicholas Simon Hentoff, Nicholas Hentoff adding Nicholas Hentoff and Nicholas Simon Hentoff for Muni Fred Harris (Hentoff, Nicholas) (Entered: 02/05/2007)

Feb. 5, 2007

Feb. 5, 2007

928

NOTICE of Attorney Substitution by Nicholas Simon Hentoff, Daniel Joseph Pochoda adding Daniel Joseph Pochoda and Nicholas Simon Hentoff for Muni Fred Harris (Hentoff, Nicholas) (Entered: 02/05/2007)

Feb. 5, 2007

Feb. 5, 2007

930

MOTION for Extension of Time To File Response by Muni Fred Harris. (Hentoff, Nicholas) (Entered: 02/28/2007)

Feb. 28, 2007

Feb. 28, 2007

931

ORDER the 930 Stipulated MOTION for Extension of Time To File Response will be denied within 3 days of the date of this order if counsel does not comply with the ECF Administrative Policies and Procedures Manual, Page 11, Section G, specifically, subparagraph 1b. Signed by Judge Susan R Bolton on 3/2/07. (REW, ) (Entered: 03/02/2007)

March 2, 2007

March 2, 2007

932

RESPONSE in Opposition re 922 MOTION to Set Aside re Motion to Terminate Prospective Relief of Amended Judgment of 1982 filed by Muni Fred Harris. (Hentoff, Nicholas) (Entered: 03/05/2007)

March 5, 2007

March 5, 2007

933

ORDER granting 930 Motion for Extension of Time to file a Response to Defendants Motion to Terminate up to and including 03/05/07. Signed by Judge Susan R Bolton on 03/06/07.(ESL) (Entered: 03/06/2007)

March 6, 2007

March 6, 2007

934

Exhibit List in Support of Response 932 by Muni Fred Harris.. (Attachments: # 1 Exhibit September 1, 1977 Order# 2 Exhibit October 6, 1977 Order# 3 Exhibit December, 1978 Order# 4 Exhibit March 8, 1979 Order# 5 Exhibit May 23, 1979 Order# 6 Exhibit Second Amended Complaint# 7 Exhibit Class Certification Order# 8 Exhibit Amended Judgment)(Hentoff, Nicholas) Modified on 3/12/2007 INCORRECT DOCUMENT TYPE SELECTED; LINKAGE ADDED (REW, ). (Entered: 03/06/2007)

March 6, 2007

March 6, 2007

935

NOTICE TO FILER OF DEFICIENCY re 934 Exhibit List, filed by Muni Fred Harris. Description of deficiency: Incorrect document type selected. (REW, ) (Entered: 03/12/2007)

March 12, 2007

March 12, 2007

936

Consent MOTION for Extension of Time To File Reply in Support of Defendant's Motion to Terminate Consent Decree by Harold J Cardwell. (Attachments: # 1 Text of Proposed Order)(DeLange, Darrin) (Entered: 03/12/2007)

March 12, 2007

March 12, 2007

937

ORDER. The 936 Consent MOTION for Extension of Time To File Reply will be denied within 3 days of the date of this order if counsel does not comply with the ECF Administrative Policies and Procedures Manual, Page 11, Section G, specifically, subparagraph 1b. Signed by Judge Susan R Bolton on 3/13/07. (REW, ) (Entered: 03/14/2007)

March 14, 2007

March 14, 2007

938

ORDER granting dft's 936 Consent Motion, and extending the deadline for dft's reply to and including 4/20/07. Signed by Judge Susan R Bolton on 3/15/2007.(LAD, ) (Entered: 03/15/2007)

March 15, 2007

March 15, 2007

939

REPLY in Support re 922 MOTION to Set Aside re Motion to Terminate Prospective Relief of Amended Judgment of 1982 filed by Harold J Cardwell. (DeLange, Darrin) (Entered: 04/20/2007)

April 20, 2007

April 20, 2007

940

Minute Order: Oral argument set on 6/4/07 at 10:00 AM before Judge Bolton re: 922 MOTION to Set Aside re Motion to Terminate Prospective Relief of Amended Judgment of 1982. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) (Entered: 04/25/2007)

April 25, 2007

April 25, 2007

941

Minute Order: Due to scheduling conflict, IT IS ORDERED resetting Motion Hearing re: 922 MOTION to Set Aside re Motion to Terminate Prospective Relief of Amended Judgment of 1982 from 6/4/07 to 6/5/07 at 02:00 PM in Courtroom 502, 401 West Washington Street, Phoenix, AZ 85003 before Judge Susan R Bolton. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) (Entered: 05/30/2007)

May 30, 2007

May 30, 2007

942

Minute Entry. Motion Hearing held before Judge Susan R Bolton on 6/5/07: This is the time set for Hearing re: Defendants' Motion to Terminate Prospective Relief. Argument presented. IT IS ORDERED taking under advisement 922 Defendants' Motion to Terminate Prospective Relief. IT IS FURTHER ORDERED counsel may file by 7/20/07 simultaneous supplemental memoranda (no responses or replies to be filed) not to exceed 10 pages on the legal issues raised in open court this date but were not fully briefed. (Court Reporter Kim Moll)(MAW) (Entered: 06/06/2007)

June 5, 2007

June 5, 2007

943

NOTICE of Attorney Substitution by Michael L Brodsky (Brodsky, Michael) (Entered: 07/19/2007)

July 19, 2007

July 19, 2007

944

SUPPLEMENT of Defendants' Memorandum in Support of Motion to Terminate Prospective Relief re 922 MOTION to Set Aside re Motion to Terminate Prospective Relief of Amended Judgment of 1982 by Defendant Harold J Cardwell. (Brodsky, Michael) (Entered: 07/19/2007)

July 19, 2007

July 19, 2007

945

ORDER granting Defendants' 922 Motion to Terminate Prospective Relief as Outlined in This Court's "Amended Judgment" Dated May 25, 1982, Pursuant to Rule 60(b) and 18 U.S.C. 3626, et seq. 922 . Signed by Judge Susan R Bolton on 8/30/07.(REW, ) (Entered: 08/31/2007)

Aug. 31, 2007

Aug. 31, 2007

Case Details

State / Territory: Arizona

Case Type(s):

Prison Conditions

Key Dates

Filing Date: March 26, 1975

Closing Date: Aug. 31, 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

all present and future inmates of the Arizona State Penitentiary at Florence

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Arizona State Penitentiary (Florence), State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1978 - 2007

Content of Injunction:

Monitoring

Preliminary relief granted

Issues

General:

Administrative segregation

Classification / placement

Disciplinary segregation

Education

Food service / nutrition / hydration

Library (non-law) access

Personal injury

Recreation / Exercise

Sanitation / living conditions

Crowding:

Crowding / caseload

Pre-PLRA Population Cap

Type of Facility:

Government-run