Case: Does v. Stewart

2:96-cv-00486 | U.S. District Court for the District of Arizona

Filed Date: Feb. 22, 1996

Closed Date: 2002

Clearinghouse coding complete

Case Summary

Beginning in 1995, inmates in Protective Segregation (PS) status filed a series of lawsuits, pro se, to enjoin the Arizona Department of Corrections (ADOC) from implementing a plan to screen its PS population for transfer to general population (GP) units. The lawsuits were brought under Section 1983 in the District of Arizona; they charged violation of the 8th amendment. In December 1995, the District Court for the District of Arizona stayed and consolidated the individual cases as Does v. S…

Beginning in 1995, inmates in Protective Segregation (PS) status filed a series of lawsuits, pro se, to enjoin the Arizona Department of Corrections (ADOC) from implementing a plan to screen its PS population for transfer to general population (GP) units. The lawsuits were brought under Section 1983 in the District of Arizona; they charged violation of the 8th amendment.

In December 1995, the District Court for the District of Arizona stayed and consolidated the individual cases as Does v. Stewart, and appointed private counsel for the inmates. On February 22, 1996, counsel filed an amended class action complaint on behalf of all PS inmates seeking equitable relief, primarily requesting that the ADOC implement a plan ""to ensure that Protective Segregation prisoners' safety is protected."" In April 1996, the Court certified the PS inmates as a class. Following trial the Court, in a December 1996 memorandum opinion and order, permanently enjoined ADOC from transferring PS inmates to general population. In April 1997, the Court altered the order, to allow ADOC to submit a plan detailing the safe transfer of PS inmates to GP.

Nearly three years later, in February 2000, the ADOC filed a Proposed Remedial Plan. Under the revised process ADOC committed to the following, among other steps: PS-related decisions would be ""clearly documented, well-reasoned, and appropriately reviewed""; multi-level reviews would be allowed; and a PS Administrator and multi-disciplinary PS Committee would review all PS placement and removal decisions. Fundamental to the plan was recognition that PS is not a punitive status and that PS inmates would be provided the same privileges and programs as similarly classified GP inmates.

This plan was accepted by plaintiffs and included in a July 2000 settlement agreement. The settlement agreement requested that the Court conditionally dismiss the lawsuit pursuant to Fed. R. Civ. P. 41(a)(2) and place the lawsuit on the Court's inactive docket prior to final dismissal. Final dismissal could not occur before the first annual review by a jointly appointed Monitor. The settlement agreement named Steven J. Martin as a monitor, and required him to file quarterly reports with the Court regarding ADOC's compliance with the Plan. The settlement agreement provided for final dismissal after the monitor found ""substantial compliance.""

Following the filing of the Third Monitor Report on June 25, 2001, the monitor indicated to the ADOC he would likely recommend the monitoring period be terminated in December of 2001. The lawsuit was dismissed in June 2002.

Summary Authors

Eoghan Keenan (4/16/2005)

People


Judge(s)

Nielsen, William Fremming (Washington)

Attorneys(s) for Plaintiff

Bendheim, Alice L. (Arizona)

Gordon, Andrew S. (Arizona)

Hammond, Larry A. (Arizona)

Hentoff, Nicholas Simon (Arizona)

Hill, Debra Ann (Arizona)

Peters, Donald M. (Arizona)

Whitten, Samuel V. III (Arizona)

Attorneys(s) for Defendant

Gaylord, John M. (Arizona)

Napolitano, Janet (Arizona)

Judge(s)

Nielsen, William Fremming (Washington)

Attorneys(s) for Plaintiff

Bendheim, Alice L. (Arizona)

Gordon, Andrew S. (Arizona)

Hammond, Larry A. (Arizona)

Hentoff, Nicholas Simon (Arizona)

Hill, Debra Ann (Arizona)

Peters, Donald M. (Arizona)

Whitten, Samuel V. III (Arizona)

Attorneys(s) for Defendant

Gaylord, John M. (Arizona)

Napolitano, Janet (Arizona)

Skolnik, Bruce L. (Arizona)

Voss, Teresa M. (Arizona)

Expert/Monitor/Master

Martin, Steve J. (Texas)

Documents in the Clearinghouse

Document

2:96-cv-00486

Docket (PACER)

Feb. 12, 2007

Feb. 12, 2007

Docket

2:96-cv-00486

Proposed Remedial plan by the Arizona DOC re: Protective segregation issues

Feb. 9, 2000

Feb. 9, 2000

Pleading / Motion / Brief

2:96-cv-00486

Settlement Agreement

July 13, 2000

July 13, 2000

Settlement Agreement

Resources

Docket

Last updated Aug. 8, 2022, 3:22 a.m.

ECF Number Description Date Link Date / Link
2

NOTICE of Assignment that plaintiff submitted IFP request; that case is assigned to Judge Charles L. Hardy and is referred to Mag Judge Barry G. Silverman and Court Clerk's Legal Staff for review. (cc: Atty of Record) (TLJ) (Entered: 02/23/1996)

Feb. 22, 1996

Feb. 22, 1996

5

MOTION for preliminary injunction by pla John Does 1-5 [5-1] , for permanent injunction relief by pla [5-2] (former emp) Modified on 10/18/1996 (Entered: 03/29/1996)

Feb. 23, 1996

Feb. 23, 1996

7

ORDER by Mag Judge Barry G. Silverman: scheduling conf set for 1:30 3/22/96 , before Judge Charles L. Hardy FUR each side exchange/submit agenda for conf nlt 3/15/96 (cc: all counsel) (former emp) (Entered: 02/29/1996)

Feb. 29, 1996

Feb. 29, 1996

8

ANSWER of dft Terry Stewart (former emp) (Entered: 03/15/1996)

March 13, 1996

March 13, 1996

9

RESPONSE by dft Terry Stewart to motion for preliminary & permanent injunctive relief by pla John Does 1-5 [5-1] (former emp) (Entered: 03/15/1996)

March 13, 1996

March 13, 1996

12

(NOTICE) Statement of legal issues in this matter by plas John Does 1-5 (former emp) (Entered: 03/19/1996)

March 18, 1996

March 18, 1996

11

MOTION for class certification by pla John Does 1-5 [11-1] (former emp) (Entered: 03/29/1996)

March 18, 1996

March 18, 1996

14

MEMORANDUM by dft re class certification issues (former emp) (Entered: 03/20/1996)

March 19, 1996

March 19, 1996

15

MOTION to schedule settlement conference by pla John Does 1-5 [15-1] (former emp) (Entered: 03/21/1996)

March 20, 1996

March 20, 1996

16

MINUTE ENTRY Judge Inits: CLH; Crt Rptr: Vicki Reger; scheduling conf held; ORD dfts respond by 4/4/96 to motion for class certification by pla John Does 1-5 [11-1] & hearing set at 1:30 4/15/96; setting motion for preliminary injunction & motion for permanent injunction relief by pla [5-1&2] at 10:00 6/3/96 (motion to schedule settlement conference pla John Does 1-5 [15-1] terminated as moot) [cc: All counsel] [16-1] (former emp) (Entered: 03/29/1996)

March 22, 1996

March 22, 1996

19

STIPULATION to extend time in wch to file reply to mtn for prelimnry & permnt inj relief (former emp) Modified on 04/01/1996 (Entered: 04/01/1996)

March 29, 1996

March 29, 1996

23

RESPONSE by dft Terry Stewart to motion for class certification by pla John Does 1-5 [11-1] (former emp) (Entered: 04/08/1996)

April 4, 1996

April 4, 1996

25

REPLY in support by pla John Does 1-5 of motion for preliminary injunction by pla John Does 1-5 [5-1], motion for permanent injunction relief by pla [5-2] (former emp) (Entered: 04/08/1996)

April 5, 1996

April 5, 1996

28

MEMORANDUM OPINION AND ORDER: by Judge Charles L. Hardy: granting motion for class certification by pla John Does 1-5 [11-1]; class to consist of all protective segregation inmates now or in future may be classified & who have not executed the affidavit contemplated by this order; FUR class action confined to issues (as specifically set forth herein); FUR actions now filed or in the future to be filed by class members & assigned to this court purs to Gen Orders 251 & 255 are stayed & all motions currently pending are denied w/o prej pending resolution of this case... (see doc for full details) (cc: all counsel) (former emp) (Entered: 04/18/1996)

April 18, 1996

April 18, 1996

33

REPLY by pla to response to motion for class certification by pla John Does 1-5 [11-1] (former emp) (Entered: 04/25/1996)

April 25, 1996

April 25, 1996

30

NOTICE by dft Terry Stewart of substitution of affidavit filed with deft's response to plas' motion for class certification (former emp) (Entered: 04/25/1996)

April 25, 1996

April 25, 1996

31

ORDER by Judge Charles L. Hardy: sealing of this case purs to Gen Order #256 lifted; FUR court reserves right sua sponte or upon the request of ptys, to seal particular documents & filings in this action (cc: all counsel) re: order [31-1] (former emp) (Entered: 04/25/1996)

April 25, 1996

April 25, 1996

40

STIPULATION re extension of discovery cutoff deadline (all parties) (former emp) (Entered: 05/03/1996)

May 2, 1996

May 2, 1996

42

STIPULATION (to seal this case) (all parties) (former emp) (Entered: 05/07/1996)

May 6, 1996

May 6, 1996

66

Stipulated MOTION for continuance (of trial date) with request for scheduling conference [66-1] (former emp) (Entered: 05/24/1996)

May 23, 1996

May 23, 1996

68

ORDER by Mag Judge Barry G. Silverman granting motion for continuance (of trial date) with request for scheduling conference [66-1] trial date of 6/3/96 is vacated; prel scheduling conf set for 1:30 6/3/96 , before Mag Judge Barry G. Silverman (cc: all counsel) (former emp) (Entered: 05/28/1996)

May 28, 1996

May 28, 1996

70

ORDER by Judge Charles L. Hardy: all notices of change of address filed in this action by individual class members stricken (striking 44-46, 49-54, 62-65, 69); FUR clerk reenter notices & this order in the corresponding individual suits of each pltf (cc: all counsel) (former emp) (Entered: 06/03/1996)

June 3, 1996

June 3, 1996

126

MOTION for summary judgment by dft [126-1] (former emp) (Entered: 08/29/1996)

Aug. 29, 1996

Aug. 29, 1996

127

STATEMENT OF FACTS by dft re motion for summary judgment by dft [126-1] (former emp) (Entered: 08/29/1996)

Aug. 29, 1996

Aug. 29, 1996

132

MOTION in limine re testimony of plas' listed expert Mary P Durand by dft Terry Stewart [132-1] (LAD) (Entered: 09/04/1996)

Aug. 30, 1996

Aug. 30, 1996

133

MOTION in limine re testimony of Court appointed expert Charles Montgomery by dft Terry Stewart [133-1] (LAD) (Entered: 09/04/1996)

Aug. 30, 1996

Aug. 30, 1996

134

MOTION in limine re the designation of Donna Hamm as an expert witness by dft Terry Stewart [134-1] (LAD) (Entered: 09/04/1996)

Aug. 30, 1996

Aug. 30, 1996

147

RESPONSE by pla to motion in limine re the designation of Donna Hamm as an expert witness by dft Terry Stewart [134-1] (former emp) (Entered: 09/09/1996)

Sept. 6, 1996

Sept. 6, 1996

150

RESPONSE by pla to motion for summary judgment by dft [126-1] (former emp) (Entered: 09/10/1996)

Sept. 9, 1996

Sept. 9, 1996

151

STATEMENT OF FACTS by pla re motion response (former emp) (Entered: 09/10/1996)

Sept. 9, 1996

Sept. 9, 1996

152

REPLY by pla to response to motion for summary judgment by dft [126-1] (w/Ex A, Depo of Charles M Montgomery Jr) (former emp) Modified on 09/18/1996 (Entered: 09/18/1996)

Sept. 13, 1996

Sept. 13, 1996

321

Proposed FINDINGS OF FACT by deft (former emp) (Entered: 11/05/1996)

Nov. 4, 1996

Nov. 4, 1996

322

Conclusions of law by deft (former emp) (Entered: 11/05/1996)

Nov. 4, 1996

Nov. 4, 1996

332

ORDER by Judge Charles L. Hardy: GRANTING class pltfs' application for injunctive relief insofar as it seeks to enjoin the transfer of inmates in protective seg to the general population in maximum security units--units designated for housing in general population w/public or institutional risk scores of 4 or higher. DENYING class pltfs' app for inj relief insofar as it seeks to enjoin the transfer of inmates in protective seg to the general population in medium and minimum security units--units designated for housing general population inmates w/public or institutional scores of 3 or lower. Dft, Terry Stewart, is permanently enjoined from transferring inmates in prot seg to the gen population in maximum sec units for housing general population inmates w/public or institutional risk scores of 4 or higher. Dft give ntc of the Crt's Order to all mbrs of the pltf class by mailing cys to the named class pltfs and making this order available in all prison law libraries where protective seg inmates are currently housed. The stays issued in all the individual actions filed by mbrs of the class be lifted and that this order be filed in all those individual actions. (cc: all cnsl) (former emp) (Entered: 12/06/1996)

Dec. 6, 1996

Dec. 6, 1996

336

MOTION to modify order concerning providing notice of order to class members by pla [336-1] (former emp) (Entered: 12/11/1996)

Dec. 10, 1996

Dec. 10, 1996

339

ORDER by Judge Charles L. Hardy granting motion to modify order concerning providing notice of order to class members by pla [336-1]; order of 12/2/96...is modified to provide that pla's cnsl shall be responsible for giving notice by furnishing a copy of the order to all class members; copy of this order be filed in each individual action (cc: all counsel) (former emp) Modified on 12/12/1996 (Entered: 12/12/1996)

Dec. 12, 1996

Dec. 12, 1996

340

ORDER by Judge Charles L. Hardy: order of 12/6/96 re filing of stmt w/i 45 days...is stayed pending ruling on pla's mtn to alter or amend injunction; copy of this order be filed in each individual action stay deadline set for 4/11/97 , case stayed (cc: all counsel) (former emp) (Entered: 12/12/1996)

Dec. 12, 1996

Dec. 12, 1996

351

MOTION for new trial by dft [351-1] , and to amend judgment and/or clarification of order by dft [351-2] (former emp) (Entered: 12/24/1996)

Dec. 20, 1996

Dec. 20, 1996

352

MOTION to alter or amend judgment by pla [352-1] (oral argument requested) (former emp) (Entered: 12/24/1996)

Dec. 20, 1996

Dec. 20, 1996

353

MOTION for attorney's fees and non-taxable expenses by pla [353-1] (former emp) (Entered: 12/24/1996)

Dec. 20, 1996

Dec. 20, 1996

354

SUPPLEMENT to mtn for award of attys' fees and non-taxable expenses by pla [353-1] (former emp) (Entered: 12/24/1996)

Dec. 20, 1996

Dec. 20, 1996

355

ORDER (CLH): The Crt's Order of 12/2/96 [332] granting in part and denying in part pltfs' application for injunctive relief is the final jgm in this matter. Pltfs req for a status conf is denied, and that DOC not return any protective segregation inmate, housed in protective segregation at the time of issuance of the order dtd 12/2/96, and who has not signed a court-ordered waiver, to general population, until the crt has ruled on pltfs' mtn to alter or amend the jgm. (cc: all counsel) (former emp) (Entered: 12/24/1996)

Dec. 24, 1996

Dec. 24, 1996

356

ORDER by Judge Charles L. Hardy denying motion for reconsideration of the crt's memo opinion and order of 12/2/96 by pla [350-1], denying motion for timely clarification [344-1] by movant, denying motion to stay 12/6/96 order by pla [337-1], denying motion for transcript (of testimony of J.C. Keeney & Gary DeLand) in sealed case by dft [281-1] without prejudice and all individual actions stayed pending resolution of motion to alter or amend judgment (cc: all counsel) (former emp) (Entered: 12/27/1996)

Dec. 24, 1996

Dec. 24, 1996

360

SUPPLEMENT by pla John Does 1-5 to motion to alter or amend judgment [352-1] (LAD) (Entered: 01/06/1997)

Jan. 3, 1997

Jan. 3, 1997

368

Ntc of Receipt & objection (RESPONSE) by dft to motion for attorney's fees and non-taxable expenses by pla [353-1] (former emp) (Entered: 01/09/1997)

Jan. 8, 1997

Jan. 8, 1997

376

RESPONSE by pla to motion for new trial by dft [351-1], motion to amend judgment and/or clarification of order by dft [351-2] (former emp) (Entered: 01/11/1997)

Jan. 10, 1997

Jan. 10, 1997

381

RESPONSE by dft to motion to alter or amend judgment by pla [352-1] (oral argument requested) & to supplement to motion to alter or amend judgment (former emp) (Entered: 01/22/1997)

Jan. 21, 1997

Jan. 21, 1997

389

REPLY by pla to response to motion to alter or amend judgment by pla [352-1] (oral argument requested) (former emp) (Entered: 01/31/1997)

Jan. 31, 1997

Jan. 31, 1997

391

MEMORANDUM IN SUPPORT by pla of motion for attorney's fees and non-taxable expenses by pla [353-1] (former emp) (Entered: 02/04/1997)

Jan. 31, 1997

Jan. 31, 1997

392

SUPPLEMENT to memo of P&As in support of applic for atty fees by pla (former emp) (Entered: 02/05/1997)

Feb. 4, 1997

Feb. 4, 1997

396

RESPONSE to motion by dft and CROSS-MOTION to stay (all further pleadings & proceedings re attorney fees) by dft [396-1] (RE: [353-1] ) (former emp) (Entered: 02/21/1997)

Feb. 20, 1997

Feb. 20, 1997

407

MOTION to reopen the record by pla [407-1] (former emp) (Entered: 03/10/1997)

March 7, 1997

March 7, 1997

410

Request (MOTION) for oral argument (re plas' mtn to alter or amend the jdmt) by pla [410-1] (former emp) (Entered: 03/13/1997)

March 12, 1997

March 12, 1997

411

REPLY by pla to response to motion for attorney's fees and non-taxable expenses by pla [353-1] (former emp) (Entered: 03/13/1997)

March 12, 1997

March 12, 1997

411

RESPONSE by pla to motion to stay (all further pleadings & proceedings re attorney fees) by dft [396-1] (former emp) (Entered: 03/13/1997)

March 12, 1997

March 12, 1997

412

RESPONSE to plas' supplemental reply in support of mtn for lv to alter or amend or altrntvly, mtn to reopen the record by dft (former emp) (Entered: 03/19/1997)

March 18, 1997

March 18, 1997

417

NOTICE by dft of supplemental authority supportng the response to plas' applc for atty fees & their motion to stay (former emp) (Entered: 04/02/1997)

April 1, 1997

April 1, 1997

420

MEMORANDUM AND ORDER by Judge Charles L. Hardy: vacating the first 2 paragrphs of Memo & Order [332-1]; deft devise & submit to crt w/i 60 days of this order a plan that will, when any inmate is transferred from protective custody, protect him from substantial risk of harm; FUR plas have 30 days from the filing of the proposed plan to file objections; FUR denying motion to alter or amend judgment by pla [352-1] & supplement [360-1]; denying for new trial & motion to amend judgment and/or clarification of order by dft [351-1&2] except to extent that relief has been granted by this order; FUR until crt entrs final jdmt following submission of a plan by deft, the order [356-1] staying all individual cases filed by class members shall be maintained; denying motion for oral argument (re plas' to alter or amend the jdmt) by pla [410-1] & supplemental reply (#352); denying motion to reopen the record by pla [407-1] (cc: all counsel) (former emp) (Entered: 04/29/1997)

April 29, 1997

April 29, 1997

421

MOTION to unseal portion of the record by dft [421-1] (former emp) (Entered: 05/07/1997)

May 2, 1997

May 2, 1997

424

MOTION to expedite request for status conference by pla [424-1] (former emp) (Entered: 05/20/1997)

May 19, 1997

May 19, 1997

429

MOTION (REQUEST) for status conference re individual proceedings by pla John Does 1-5 [429-1] (received 6/6/97) (LAD) (Entered: 06/06/1997)

May 19, 1997

May 19, 1997

427

REPLY by dft Terry Stewart to response to motion to unseal portion of the record by dft [421-1] (MAP) (Entered: 05/30/1997)

May 29, 1997

May 29, 1997

428

Request (MOTION) for oral argument (re dfts' mtn to unseal portion of the record) by pla [428-1] (former emp) (Entered: 06/04/1997)

June 2, 1997

June 2, 1997

441

Proposed plan for movement of Level 4 & 5 protective segregation inmates into general population by dft (former emp) (Entered: 07/02/1997)

July 1, 1997

July 1, 1997

442

SUPPLEMENTAL notice re protective segregation issues within the ADOC by dft (former emp) (Entered: 07/02/1997)

July 1, 1997

July 1, 1997

467

OBJECTION by pla to DOC's proposed plan for movement of Leval 4 & 5 protective segregtion inmates into general population [441-1] (former emp) (Entered: 07/22/1997)

July 21, 1997

July 21, 1997

477

REPORT AND RECOMMENDATION by Mag Judge Barry G. Silverman concerning motion for attorney's fees and non-taxable expenses by pla [353-1] (cc: all counsel) (former emp) (Entered: 08/07/1997)

Aug. 7, 1997

Aug. 7, 1997

490

RESPONSE by dft to objections to report & recommendation [467-1] (former emp) (Entered: 09/16/1997)

Sept. 12, 1997

Sept. 12, 1997

492

REPLY by pla to report & recommendation concerning award of atty fees & costs [477-1] (former emp) (Entered: 09/23/1997)

Sept. 22, 1997

Sept. 22, 1997

495

MOTION to strike plas' reply re report & recommendation concerning award of atty fees & costs by dft [495-1] (former emp) (Entered: 10/01/1997)

Sept. 30, 1997

Sept. 30, 1997

496

RESPONSE by pla to motion to strike plas' reply re report & recommendation concerning award of atty fees & costs by dft [495-1] (former emp) (Entered: 10/07/1997)

Oct. 6, 1997

Oct. 6, 1997

497

ORDER by Judge Richard M. Bilby evidentiary hearing set for 9:30 11/25/97 (cc: all counsel) (LAD) (Entered: 10/14/1997)

Oct. 14, 1997

Oct. 14, 1997

512

MOTION to permit interviews or depositions of DOC witnesses prior to evidentiary hearing by pla [512-1] (former emp) (Entered: 11/12/1997)

Nov. 7, 1997

Nov. 7, 1997

513

MOTION for expedited consideration of motion to permit interviews or depositions of DOC witnesses prior to evidentiary hearing by pla [512-1] by pla [513-1] (former emp) (Entered: 11/12/1997)

Nov. 7, 1997

Nov. 7, 1997

533

Joint MOTION to reschedule hearing (of 12/18-19/97) by pla, dft [533-1] (former emp) (Entered: 12/03/1997)

Dec. 2, 1997

Dec. 2, 1997

538

ORDER by Judge Richard M. Bilby granting motion for accelerated consideration by dft [534-1] & motion to reschedule hearing (of 12/18-19/97) by pla, dft [533-1] ; evidentiary hearing reset for 9:00 2/18/98 , before Judge Richard M. Bilby ; FUR all writs previously issued & returnable for 12/18/97 are amended to reflect the new date of 2/18/98; writs remain in full force & effect w/this new date (cc: all counsel) (former emp) Modified on 12/12/1997 (Entered: 12/12/1997)

Dec. 12, 1997

Dec. 12, 1997

546

ORDER by Judge Richard M. Bilby: in addn to the original & copy fld w/Clk's Offc in Phx, ptys shall mail one copy directly to Judge Bilby of any pleadings the parties wish the court to consider; FUR the order of 12/22/97 [540-1] is vacated & Perry Lyndon's request to file amicus brief [525-1] is denied (cc: all counsel/Lyndon) (former emp) (Entered: 01/21/1998)

Jan. 21, 1998

Jan. 21, 1998

558

SUPPLEMENT to application for atty fees re adjustment for delay by pla (former emp) (Entered: 02/10/1998)

Feb. 9, 1998

Feb. 9, 1998

590

STIPULATION to stay (remedial portion of this litigation) (former emp) (Entered: 03/03/1998)

Feb. 27, 1998

Feb. 27, 1998

592

ORDER by Judge Richard M. Bilby granting stipulation staying the remedial portion of this matter for up to 2 yrs; at conclusion of the stay or upon prior mtn by dft, crt will consider whether or not a permanent injunction will be issued; during stay the status quo as established in the crt's order of 4/29/97 will be preserved; the order staying all individual cases filed by class members shall be maintained; dft may not involuntarily transfer any inmate from protective segregation to a level 2 or 3 general propulation unit during the stay (cc: all counsel) (former emp) (Entered: 03/04/1998)

March 4, 1998

March 4, 1998

601

ORDER by Judge Richard M. Bilby: motion to unseal portion of the record by dft [421-1] granted as to the 12/6/96 and 4/29/97 orders and denied in all other respects (cc: all counsel) (former emp) (Entered: 03/18/1998)

March 18, 1998

March 18, 1998

603

ORDER by Judge Richard M. Bilby re stipulation re atty fees & costs, crt favors settlement over a court order & grants the parties 10 days from this order to settle this issue; court has prepared its order on the matter and will issue it on 4/3/98 if not notified by dfts that a settlement has been reached (cc: all counsel) (former emp) (Entered: 03/24/1998)

March 24, 1998

March 24, 1998

605

ORDER by Judge Richard M. Bilby: adopting/rejecting in part the report & recommendation; re motion for attorney's fees and non-taxable expenses by pla [353-1], plas are the prevailing party; plas are entitled to an award of atty fees at the rate of $175.00 per hour & to all costs expended heretofore; the following fees & costs are awarded--Alice Bendheim $37,194.27, Samuel Whitten $33,687.50, Andrew Gordon $17,622.50, Donald Peters $49,348.85 & Osborn Maledon $410,376.34; if fees & costs are not satisfied within 45 days of this order, plas shall be entitled to prejudgment interest on their atty fees & costs at plas' suggested schedule & at the rate set forth in 28 USC 1961 (cc: all counsel) (cc: 9CCA) (former emp) Modified on 06/02/1998 (Entered: 04/06/1998)

April 3, 1998

April 3, 1998

613

JUDGMENT: ORD & ADJ that jdmt is entered in favor of plas & agnst dfts as follows: plas are prevailing party based on crt's finding that dft Terry L Stewart's plan to involuntarily transfer protective segregation inmates to the general population exhibited deliberte indifference to plas' substantial risk of harm; FUR plas are entitled to an award of atty fees at the rate of $175 p/hr & to all costs expended heretofore; FUR fees & costs are awarded-- Alice Bendheim $37,194.27, Samuel Whitten $33,687.50, Andrew Gordon $17,622.50, Donald Peters $49,348.85, firm of Osborn Maledon $410,376.34; FUR if fees & costs not satisfied within 45 days of 4/3/98, plas shall be entitled to prejdmt interest at plas' suggested schedule & at the rate set forth in 28 USC 1961 (cc: all counsel) re: judgment [613-1] (cc: 9CCA) (former emp) Modified on 06/02/1998 (Entered: 04/08/1998)

April 8, 1998

April 8, 1998

614

ORDER by Judge Richard M. Bilby: clerk of court shall unsel the court's order [605-1] of 4/3/98 re attorneys' fees and costs (cc: all counsel) (former emp) (Entered: 04/10/1998)

April 10, 1998

April 10, 1998

617

SUPPLEMENTAL Application for Award of Atty Fees & Costs by pla to [353-1] (former emp) (Entered: 04/17/1998)

April 16, 1998

April 16, 1998

624

ORDER by Judge Richard M. Bilby: court reporter is directed to redact the following sections of the 2/20/98 evidentiary hearing-- page 23 line 11 thru page 24 line 25; page 25 line 15 thru page 59 line 20; page 60 line 20 thru page 266 line 19; page 268 line 4 name redacted; page 275 lines 3&4 name redacted (cc: all counsel) re: order [624-1] (former emp) (Entered: 04/30/1998)

April 30, 1998

April 30, 1998

638

NOTICE OF APPEAL by dft Terry Stewart from District Court judgment [613-1], and order [605-1] (cc: 9CCA/All Counsel/RMB) (REW) (Entered: 05/29/1998)

May 4, 1998

May 4, 1998

628

MOTION to stay judgment without posting security by dft [628-1] (cc: 9CCA) (former emp) Modified on 06/02/1998 (Entered: 05/08/1998)

May 7, 1998

May 7, 1998

631

ORDER by Judge Richard M. Bilby granting motion to supplement the record by pla [616-1]; documents attached to said motion are made a permanent part of the sealed portion of the record in this case (cc: all counsel) (cc: 9CCA) (former emp) Modified on 06/02/1998 (Entered: 05/12/1998)

May 12, 1998

May 12, 1998

635

SUPPLEMENTAL memorandum in support of supplemental application for award of atty fees & costs by pla (former emp) (Entered: 05/19/1998)

May 15, 1998

May 15, 1998

640

RESPONSE by pla to motion to stay judgment without posting security by dft [628-1] (former emp) (Entered: 06/02/1998)

May 22, 1998

May 22, 1998

641

ORDER by Judge Richard M. Bilby granting motion to stay judgment without posting security by dft [628-1], execution of judgment stayed pending appeal; bond requirements are waived, re: appeal [638-1] (cc: all counsel/9CCA) (REW) Modified on 06/02/1998 (Entered: 06/02/1998)

June 2, 1998

June 2, 1998

649

ORDER by Judge Richard M. Bilby: granting plas' supplemental application for award of atty fees & costs (#617); plas entitled to reasonable award: Osborn Maledon $202,360.66; Alice Bendheim PC $437.50; Andrew S. Gordon $668.14; Donald M. Peters $4,882.50; this award shall be satisfied w/i 30 days of this order w/interest accruing at the statutory rate; FUR court's order [605-1] is amended to award Alice Bendheim PC $70,881.77 & to vacate the separate award of $37,194.27 to Samuel Whitten (cc: all counsel) (former emp) (Entered: 07/10/1998)

July 10, 1998

July 10, 1998

654

CERTIFIED COPY of 9CCA Mandate; purs to stipulation of parties, this appeal dismissed without prejudice to its reinstatement; reinstatement shall be made should a panel of this court subsequently determine that the orders appealed from in this appeal were appealable; notice of reinstatement shall be filed in this court within 28 days of such determination, appeal dismissed, re: 98-15991 (cc: all counsel/RMB) (REW) Modified on 08/19/1998 (Entered: 08/04/1998)

Aug. 4, 1998

Aug. 4, 1998

655

Notice of PARTIAL SATISFACTION OF JUDGMENT as to dft Terry Stewart and stipulation regarding reservation of rights as to enforcement of awards (REW) (Entered: 08/13/1998)

Aug. 7, 1998

Aug. 7, 1998

657

STIPULATION (to release information requested by Special Master in Casey v. Lewis, CV-90-54-PHX-RGS, by plas/dfts) (former emp) (Entered: 08/31/1998)

Aug. 28, 1998

Aug. 28, 1998

658

ORDER by Judge Robert C. Broomfield granting stipulation that the release of the information requested by the Special Master in Casey v Lewis, CIV 90-54 PHX RGS (VAM) to the Special Master and the attys representing plas re protective segregation inmates and special handling inmates in that case shall not be used in any manner against dfts in this case. (cc: all cnsl) (former emp) (Entered: 09/04/1998)

Sept. 4, 1998

Sept. 4, 1998

659

2nd SUPPLEMENTAL application for award of attorneys' fees 7 costs by pla (former emp) (Entered: 01/16/1999)

Jan. 5, 1999

Jan. 5, 1999

660

MOTION requesting permanent reassignment of case (to another judge) by pla [660-1] (former emp) (Entered: 01/20/1999)

Jan. 15, 1999

Jan. 15, 1999

Case Details

State / Territory: Arizona

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Feb. 22, 1996

Closing Date: 2002

Case Ongoing: No

Plaintiffs

Plaintiff Description:

prisoners of the State of Arizona being housed in administrative segregation

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Arizona DOC, State

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: 1996 - 2002

Issues

General:

Administrative segregation

Assault/abuse by residents/inmates/students

Classification / placement

Protective custody

Type of Facility:

Government-run