Case: Whitmire v. State of Arizona

2:98-cv-00641 | U.S. District Court for the District of Arizona

Filed Date: April 14, 1998

Closed Date: 2003

Clearinghouse coding complete

Case Summary

A same-sex partner of a state prisoner filed a lawsuit on April 14, 1998 in the United States District Court for the District of Arizona against the State of Arizona and the Arizona Department of Corrections (DOC). The plaintiff complained that the DOC regulation that prohibited same-sex kissing and hugging among non-family members during visits to the prison violated his rights under the First and Third Amendments and Title VII of the Civil Rights Act of 1964. The District Court (Judge Roger G…

A same-sex partner of a state prisoner filed a lawsuit on April 14, 1998 in the United States District Court for the District of Arizona against the State of Arizona and the Arizona Department of Corrections (DOC). The plaintiff complained that the DOC regulation that prohibited same-sex kissing and hugging among non-family members during visits to the prison violated his rights under the First and Third Amendments and Title VII of the Civil Rights Act of 1964. The District Court (Judge Roger G. Strand) dismissed the action for failure to state a claim, holding that the prison had a legitimate interest in promoting prison safety.

The plaintiff appealed the District Court's dismissal. The United States Court of Appeals for the Ninth Circuit (Judge Atsushi Wallace Tashima) reversed, holding that no connection between the visitation policy and the DOC's interest in prison safety existed. Whitmire v. Arizona, 298 F.3d 1194 (9th Cir. 2002). The case was remanded for further proceedings. The parties reached a settlement which Judge Strand approved on July 14, 2003. The DOC agreed not to implement or enforce any visitation policy that prohibits same-sex kissing and hugging in prison visitation. The docket continues to December 22, 2003, and ends once attorneys fees issues were resolved.

Summary Authors

David Terry (4/10/2006)

People


Judge(s)

Strand, Roger Gordon (Arizona)

Tashima, Atsushi Wallace (California)

Attorneys(s) for Plaintiff

Joslin, Courtney (California)

Matthews, Martha (California)

Pochoda, Daniel Joseph (Arizona)

Sutherland, Pamela Kirkpatrick (Arizona)

Attorneys(s) for Defendant

Luellig, Lorrie Lynne (Arizona)

Morrow, James Russel (Arizona)

Pineda, Susanna Carballo (Arizona)

Schaack, Daniel Patrick (Arizona)

Judge(s)

Strand, Roger Gordon (Arizona)

Tashima, Atsushi Wallace (California)

Attorneys(s) for Plaintiff

Joslin, Courtney (California)

Matthews, Martha (California)

Pochoda, Daniel Joseph (Arizona)

Sutherland, Pamela Kirkpatrick (Arizona)

Attorneys(s) for Defendant

Luellig, Lorrie Lynne (Arizona)

Morrow, James Russel (Arizona)

Pineda, Susanna Carballo (Arizona)

Schaack, Daniel Patrick (Arizona)

Wilder, William Charles (Arizona)

Documents in the Clearinghouse

Document

2:98-cv-00641

Docket (PACER)

Dec. 22, 2003

Dec. 22, 2003

Docket

00-16896

Opinion

U. S. Court of Appeals for the Ninth Circuit

298 F.3d 1134, 2002 U.S.App.LEXIS 16156

Aug. 12, 2002

Aug. 12, 2002

Order/Opinion

Resources

Docket

Last updated Aug. 12, 2022, 3:10 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT FILED (MAP) (Entered: 04/20/1998)

April 14, 1998

April 14, 1998

2

STANDARD CIVIL TRACK INITIAL ORDER by Judge Roger G. Strand (cc: all counsel) re: order [2-1] (MAP) (Entered: 04/24/1998)

April 24, 1998

April 24, 1998

3

NOTICE by plas (all) of Service (MAP) (Entered: 08/11/1998)

Aug. 10, 1998

Aug. 10, 1998

4

ORDER by Judge Roger G. Strand denying pla's mtn req ord to show cause (not rcvd in docketing); plas shall file and serve on opposing cnsl within 15 days from filing of this ord a stmt of good cause why this action should not be dism for failure to effect svc on dfts within time provided by FRCivP; failure to show good cause why this action should not be dism for lack of svc within time provided shall result in disml of this action w/o further ntc to pla; possbl dsm ddl set for 9/24/98 (cc: all counsel) (former emp) (Entered: 09/09/1998)

Sept. 9, 1998

Sept. 9, 1998

5

MOTION to withdraw Order to Show Cause by pla Karl Whitmire [5-1] (MAP) (Entered: 09/18/1998)

Sept. 17, 1998

Sept. 17, 1998

6

ORDER by Judge Roger G. Strand granting motion to withdraw Order to Show Cause by pla Karl Whitmire [5-1] Order to Show Cause withdrawn (cc: all counsel) (MAP) (Entered: 09/23/1998)

Sept. 23, 1998

Sept. 23, 1998

7

MOTION for default judgment against Arizona, State of, ADOC by Karl Whitmire, William Lyster [7-1] (MAP) (Entered: 09/29/1998)

Sept. 28, 1998

Sept. 28, 1998

8

NOTICE to the Court re Pla's status and MOTION (REQUEST) for assignment on the Prisoner Pro Se Track by dfts (all) [8-1] , for the Court to "screen" complaint to identify cognizable claims by dfts (all) [8-2] , to stay proceedings until further "screening" of the complaint can be done by dfts (all) [8-3] (MAP) (Entered: 10/08/1998)

Oct. 7, 1998

Oct. 7, 1998

9

RESPONSE by dfts (all) to motion for default judgment against Arizona, State of, ADOC by Karl Whitmire, William Lyster [7-1] (MAP) (Entered: 10/08/1998)

Oct. 7, 1998

Oct. 7, 1998

11

MOTION for order to control mailings to support safety by pla Karl Whitmire [11-1] (former emp) (Entered: 10/16/1998)

Oct. 14, 1998

Oct. 14, 1998

12

RESPONSE by pla Karl Whitmire to motion for assignment on the Prisoner Pro Se Track by dfts (all) [8-1] (former emp) (Entered: 10/16/1998)

Oct. 14, 1998

Oct. 14, 1998

13

RESPONSE by pla Karl Whitmire to dfts resp to motion for default judgment against Arizona, State of, ADOC by Karl Whitmire, William Lyster [7-1] [7-1] (former emp) (Entered: 10/16/1998)

Oct. 14, 1998

Oct. 14, 1998

10

ORDER by Judge Roger G. Strand denying motion for default judgment against Arizona, State of, ADOC by Karl Whitmire, William Lyster [7-1] (cc: all counsel) (KMG) (Entered: 10/15/1998)

Oct. 15, 1998

Oct. 15, 1998

14

ORDER by Judge Roger G. Strand vacating Court's 4/23/98 Standard Civil Track Order [2-1] FURTHER ORDERED granting motion for assignment on the Prisoner Pro Se Track by dfts (all) [8-1], granting motion for the Court to "screen" complaint to identify cognizable claims by dfts (all) [8-2], granting motion to stay proceedings until further "screening" of the complaint can be done by dfts (all) [8-3] FURTHER ORDERED there being no basis in law or fact, denying Plas' motion for default judgment raised in their response to Dfts' motion for assignment to Prisoner Pro Se Track [12-1] (cc: all counsel) (MAP) (Entered: 10/30/1998)

Oct. 30, 1998

Oct. 30, 1998

15

RESPONSE by plas (all) to Court's Order vacating Civil Track Order of 4/23/98 [14-1] (MAP) (Entered: 11/10/1998)

Nov. 6, 1998

Nov. 6, 1998

15

MOTION for removal of Pla Lyster as party to this action by plas (all) [15-1] , for reconsideration of Court's Order vacating Court's Civil Track Order of 4/23/98 by plas (all) [15-2] (MAP) (Entered: 11/10/1998)

Nov. 6, 1998

Nov. 6, 1998

16

ORDER by Judge Roger G. Strand denying motion for removal of Pla Lyster as party to this action by plas (all) [15-1], denying motion for reconsideration of Court's Order vacating Court's Civil Track Order of 4/23/98 by plas (all) [15-2] (cc: all counsel) (KMG) (Entered: 12/31/1998)

Dec. 31, 1998

Dec. 31, 1998

18

ATTORNEY SUBSTITUTION: terminating attorney Lorrie Lynne Luellig for AZ Corrections Dept and Arizona, State of and substituting attorney William Charles Wilder (MAP) (Entered: 02/19/1999)

Feb. 18, 1999

Feb. 18, 1999

19

ORDER by Judge Roger G. Strand denying motion for order to control mailings to support safety by pla Karl Whitmire [11-1] (cc: all counsel) (MAP) (Entered: 04/20/1999)

April 20, 1999

April 20, 1999

20

ORDER by Judge Roger G. Strand that Plas' response to Order, Request (17) is treated as a Notice of Voluntary Dismissal of Pla Lyster pursuant to Rule 41(a)(1) of Fed.R.Civ.P., dismissing w/out prejudice Pla William Lyster FURTHER ORDERED denying Pla Lyster's request for a copy of the Federal Rules (17) as moot FURTHER ORDERED granting Pla Whitmire's request for assignment of this action to the Standard Civil Track (17) pursuant to Local Rule 2.12(b)(4) FURTHER ORDERED vacating the stay of proceedings previously granted on 10/30/98 FURTHER ORDERED that Dfts shall have 20 days from the date this Order is filed w/in which to answer the complaint or otherwise respond by appropriate motion (cc: all counsel) (MAP) (Entered: 10/20/1999)

Oct. 20, 1999

Oct. 20, 1999

21

MOTION to dismiss complaint for failure to state a claim by dfts (all) [21-1] (MAP) (Entered: 11/11/1999)

Nov. 9, 1999

Nov. 9, 1999

22

RESPONSE by pla Karl Whitmire to motion to dismiss complaint for failure to state a claim by dfts (all) [21-1] (MAP) (Entered: 11/29/1999)

Nov. 24, 1999

Nov. 24, 1999

23

MOTION for enlarged amount of time for Rule 18.(a) by pla Karl Whitmire [23-1] (former emp) (Entered: 12/01/1999)

Nov. 30, 1999

Nov. 30, 1999

24

REPLY by dfts (all) to response to motion to dismiss complaint for failure to state a claim by dfts (all) [21-1] (MAP) (Entered: 12/07/1999)

Dec. 6, 1999

Dec. 6, 1999

25

RESPONSE by dfts (all) to motion for enlarged amount of time for Rule 18.(a) by pla Karl Whitmire [23-1] (MAP) (Entered: 12/07/1999)

Dec. 6, 1999

Dec. 6, 1999

26

REPLY by pla to response to motion for enlarged amount of time for Rule 18.(a) by pla Karl Whitmire [23-1] (former emp) (Entered: 12/22/1999)

Dec. 22, 1999

Dec. 22, 1999

28

MOTION to strike dfts reply to plas response to dfts motion to dismiss by pla Karl Whitmire [28-1] (former emp) (Entered: 12/22/1999)

Dec. 22, 1999

Dec. 22, 1999

27

REQUEST by pla Karl Whitmire for production of documents (former emp) (Entered: 12/27/1999)

Dec. 22, 1999

Dec. 22, 1999

29

MOTION for leave to introduce into the recored supportive content (attached) by pla Karl Whitmire [29-1] (former emp) (Entered: 12/30/1999)

Dec. 30, 1999

Dec. 30, 1999

30

(OBJECTION) RESPONSE by dft Arizona, State of, dft AZ Corrections Dept to motion for leave to introduce into the recored supportive content (attached) by pla Karl Whitmire [29-1] (former emp) Modified on 01/05/2000 (Entered: 01/05/2000)

Jan. 4, 2000

Jan. 4, 2000

31

MOTION to strike plas request for productions by dft Arizona, State of, dft AZ Corrections Dept [31-1] (former emp) (Entered: 01/05/2000)

Jan. 4, 2000

Jan. 4, 2000

32

RESPONSE by dft Arizona, State of, dft AZ Corrections Dept to motion to strike dfts reply to plas response to dfts motion to dismiss by pla Karl Whitmire [28-1] (former emp) (Entered: 01/05/2000)

Jan. 4, 2000

Jan. 4, 2000

33

ORDER by Judge Roger G. Strand striking request [27-1] pursuant to Rule 1.2(a)(2). Clk to strike the instrument from the record, and reject any responses, with notice to counsel. (cc: all counsel) (MAP) (Entered: 01/11/2000)

Jan. 11, 2000

Jan. 11, 2000

34

REPLY by pla Karl Whitmire to response to motion for leave to introduce into the recored supportive content (attached) by pla Karl Whitmire [29-1] (MAP) (Entered: 01/20/2000)

Jan. 19, 2000

Jan. 19, 2000

35

ORDER by Judge Roger G. Strand granting motion to dismiss complaint for failure to state a claim by dfts (all) [21-1] FURTHER ORDERED denying all remaining pending motions as moot (cc: all counsel) (MAP) (Entered: 08/30/2000)

Aug. 30, 2000

Aug. 30, 2000

36

JUDGMENT: that this Cout having granting Dfts' motion to dismiss, Pla take nothing (cc: all counsel) re: judgment [36-1] (MAP) (Entered: 08/30/2000)

Aug. 30, 2000

Aug. 30, 2000

37

ATTORNEY SUBSTITUTION: terminating attorney William Charles Wilder for Dfts (all) and substituting attorney James Russel Morrow (MAP) (Entered: 09/05/2000)

Sept. 1, 2000

Sept. 1, 2000

38

NOTICE OF APPEAL by pla Karl Whitmire from District Court judgment [36-1], and order [35-1] (cc: 9CCA/All Counsel/RGS) (REW) Modified on 06/27/2001 (Entered: 10/04/2000)

Sept. 26, 2000

Sept. 26, 2000

Received $105.00 appeal fee (REW) (Entered: 10/04/2000)

Sept. 26, 2000

Sept. 26, 2000

Certificate of Record Transmitted to 9CCA [38-1] (REW) (Entered: 10/04/2000)

Oct. 4, 2000

Oct. 4, 2000

Notification by 9CCA of Appellate Docket Number 00-16896 (REW) (Entered: 10/24/2000)

Oct. 24, 2000

Oct. 24, 2000

39

Copy of 9CCA Order; appellant's late motion for extension of time to file opening brief granted; briefing schedule reset, re: 00-16896 [38-1] (cc: RGS) (REW) (Entered: 12/19/2000)

Dec. 19, 2000

Dec. 19, 2000

40

Copy of 9CCA Order; court in receipt of appellees' motion for extension of time to file answering brief until court files an acceptable opening brief from appellant; if he has not already done so, within 14 days appellant shall file a corrected opening brief and excerpts of record or an informal form brief; upon receipt of a corrected opening brief and excerpts of record or the informal form brief, court will reset the due date for the answering brief, re: 00-16896 [38-1] (cc: RGS) (REW) (Entered: 01/30/2001)

Jan. 30, 2001

Jan. 30, 2001

41

CERTIFIED COPY of 9CCA Mandate dismissing the appeal for failure to file a corrected opening brief pursuant to the 1/24/01 order, or otherwise comply with rules requiring processing appeal to hearing, re: 00-16896 (cc: all counsel/RGS) (REW) (Entered: 03/09/2001)

March 9, 2001

March 9, 2001

Clerk's record on appeal transmitted to 9th Circuit re [38-1]; 1 volume clerk's record (REW) (Entered: 06/27/2001)

June 27, 2001

June 27, 2001

42

Certified Copy of 9th Circuit Order of 4/27/01; appellant's request for court to reconsider the actions of the clerk is construed as a motion to reinstate the appeal and granted, re: 00-16896 [38-1] (cc: judge/cnsl) (REW) (Entered: 07/26/2001)

July 26, 2001

July 26, 2001

Original Record Returned from 9th Circuit re [38-1] 1 volume original file; (REW) (Entered: 09/13/2002)

Sept. 13, 2002

Sept. 13, 2002

43

CERTIFIED COPY of 9th Circuit Mandate reversing and remanding the decision of the District Court; the district court erred in holding, on a 12 (b)(6) motion, that a common-sense connection exists between the ADOC visitation policy and the penological interest of correctional safety; the judgment is reversed and the case is remanded to the distrct court for further proceedings (we emphasize that we are ruling on a 12(b) (6) dismissal on the pleadings; we intimate no view on the merits after the development of an appropriate record), re: 00-16896 Appeal [38-1] Case reopened [43-1] [43-1] (cc: all counsel/judge) (REW) (Entered: 09/19/2002)

Sept. 19, 2002

Sept. 19, 2002

44

MINUTE ORDER: IT IS ORDERED setting a ; status hearing regarding a remand on Thursday, December 19, 2002 at 10:30 a.m. , before Judge Roger G. Strand, Courtroom 602, 6th floor. (cc: all counsel/RGS) [44-3] (LCF) (Entered: 12/03/2002)

Dec. 3, 2002

Dec. 3, 2002

45

NOTICE OF ATTORNEY SUBSTITUTION: terminating attorney James Russel Morrow for Arizona, State of and substituting attorney Susanna Carballo Pineda (former emp) (Entered: 12/17/2002)

Dec. 13, 2002

Dec. 13, 2002

46

ATTORNEY APPEARANCE for pla Karl Whitmire by Pamela Kirkpatrick Sutherland (former emp) (Entered: 12/18/2002)

Dec. 17, 2002

Dec. 17, 2002

47

MOTION to continue status conference by pla Karl Whitmire [47-1] (former emp) (Entered: 12/19/2002)

Dec. 17, 2002

Dec. 17, 2002

48

ORDER by Judge Roger G. Strand granting motion to continue status conference by pla Karl Whitmire [47-1] ; status conference hearing reset for 11:00 1/22/03 (cc: all counsel) (DMT) (Entered: 12/19/2002)

Dec. 19, 2002

Dec. 19, 2002

49

MINUTE ENTRY before Judge Roger G. Strand . Crt Rptr: Vicki Reger. Present: Pamela Sutherland, Robert Mintz for Pla. Susanna Pineda for Dfts. Status hearing held. Status hearing reset for 11:30 2/13/03. [cc: RGS/CD] [49-3] (LCF) (Entered: 01/22/2003)

Jan. 22, 2003

Jan. 22, 2003

51

MOTION to dismiss case by dft Arizona, State of, dft AZ Corrections Dept, dft Charles L Ryan, dft George Herman [51-1] (DMT) (Entered: 01/27/2003)

Jan. 22, 2003

Jan. 22, 2003

52

MINUTE ENTRY before Judge Roger G. Strand . Crt Rptr: Merilyn Sanchez. By telephone: Pamela Sutherland for pla; SUsanna Pineda for dft. Status hearing held. Pla proposes a stipulated agreement as to dft's visitation policies. Dft intends to file a supplemental motion to dismiss. ORDERED motion to be filed by 2/27/03; response to be in accordance with the rules. [52] (former emp) (Entered: 02/13/2003)

Feb. 13, 2003

Feb. 13, 2003

53

MOTION to dismiss case as moot by dft Ryan and Herman [53-1] (DMT) (Entered: 02/26/2003)

Feb. 25, 2003

Feb. 25, 2003

54

RESPONSE by pla to motion to dismiss case by dft Arizona, State of, dft AZ Corrections Dept, dft Charles L Ryan, dft George Herman [51-1], motion to dismiss case as moot by dft Ryan and Herman [53-1] (DMT) (Entered: 03/24/2003)

March 21, 2003

March 21, 2003

55

REPLY by dft Charles L Ryan, dft George Herman to response to motion to dismiss case as moot by dft Ryan and Herman [53-1] (DMT) (Entered: 03/26/2003)

March 25, 2003

March 25, 2003

56

NOTICE by pla Karl Whitmire of failure of the AZ Department of Corrections to change policy regarding same-sex couples kissing and hugging (former emp) (Entered: 04/14/2003)

April 11, 2003

April 11, 2003

57

ATTORNEY APPEARANCE for pla Karl Whitmire by Daniel Joseph Pochoda (DMT) (Entered: 05/09/2003)

May 8, 2003

May 8, 2003

58

ORDER by Judge Roger G. Strand denying motion to dismiss case by dft Arizona, State of, dft AZ Corrections Dept, dft Charles L Ryan, dft George Herman [51-1], denying motion to dismiss case as moot by dft Ryan and Herman [53-1] ; status conference hearing set for 10:30 7/9/03 (cc: all counsel) (DMT) (Entered: 06/05/2003)

June 5, 2003

June 5, 2003

59

ANSWER to complaint (amended) [50-1] by dft Charles L Ryan, dft George Herman (DMT) (Entered: 06/25/2003)

June 20, 2003

June 20, 2003

60

MINUTE ENTRY before Judge Roger G. Strand. Crt Rptr: Linda Schroeder-Willis. Appearances: Daniel Pochoda for plaintiff; Susanna Pineda for defendants. Status hearing is held. Counsel have submitted a stipulation to dismiss, which is not in proper form. Counsel for defendant will submit the proper stipulation with separate judgment this date. [cc: RGS] [60-2] (KCB) (Entered: 07/09/2003)

July 9, 2003

July 9, 2003

61

STIPULATION for entry of judgment by pla Karl Whitmire, dft Charles L Ryan, dft George Herman (DMT) (Entered: 07/14/2003)

July 14, 2003

July 14, 2003

62

JUDGMENT entered by Judge Roger G. Strand : that dfts shall implement and maintain visitation policies that do not differentiate on basis of sex or sexual orientation of the prisoner or visitor. A Visitor of the same sex as the prisoner visited will be allowed to engage in the kissing and hugging permitted a visitor of the opposite sex and a member of the prisoner's family as defined by ADOC policy. Dfts shall not implement or enforce any visitation policy that is inconsistent with the requirements of paragraph 1 above. No less than 30 days after the entry of this jgm, dfts shall cause the attached notice to be posted in all ADOC visitation areas, to remain posted for no less than 60 days. Within 45 days from this date, pla shall file their application for attorneys' fees and costs. Dfts shall have 30 days thereafter to respond, and pla 15 days thereafter to reply. Court shall have the power to enforce this order upon appropriate motion.terminating case (cc: all counsel, jgm draw) (DMT) (Entered: 07/14/2003)

July 14, 2003

July 14, 2003

63

MOTION for attorney's fees by pla [63-1] (DMT) (Entered: 08/08/2003)

Aug. 6, 2003

Aug. 6, 2003

64

NOTICE of motion and MOTION for attorney's fees for pla's appeal by pla [64-1] (DMT) (Entered: 08/29/2003)

Aug. 27, 2003

Aug. 27, 2003

65

MEMORANDUM IN SUPPORT by pla of motion for attorney's fees for pla's appeal by pla [64-1] (DMT) (Entered: 08/29/2003)

Aug. 27, 2003

Aug. 27, 2003

66

DECLARATION of Douglas E Mirrell re motion for attorney's fees for pla's appeal by pla [64-1] by pla (DMT) (Entered: 08/29/2003)

Aug. 27, 2003

Aug. 27, 2003

67

DECLARATION of Martha A Matthews re motion for attorney's fees for pla's appeal by pla [64-1] by pla (DMT) (Entered: 08/29/2003)

Aug. 27, 2003

Aug. 27, 2003

68

DECLARATION of Courtney G Joslin re motion for attorney's fees for pla's appeal by pla [64-1] by pla (DMT) (Entered: 08/29/2003)

Aug. 27, 2003

Aug. 27, 2003

69

DECLARATION of Anne-Marie Dinius re motion for attorney's fees for pla's appeal by pla [64-1] by pla (DMT) (Entered: 08/29/2003)

Aug. 27, 2003

Aug. 27, 2003

70

NOTICE of SETTLEMENT by pla, dfts and OF WITHDRAWAL by pla of motion for attorney's fees by pla [63-1] (DMT) (Entered: 09/08/2003)

Sept. 3, 2003

Sept. 3, 2003

71

ORDER by Judge Roger G. Strand directing dfts to file response to motion for attorney's fees for pla's appeal by pla [64-1] within 14 days of the date of the filing of this order. Permitting pla to file reply within 5 days of service of dfts' response(cc: all counsel) (DMT) (Entered: 11/21/2003)

Nov. 21, 2003

Nov. 21, 2003

72

RESPONSE by dft Charles L Ryan, dft George Herman to motion for attorney's fees for pla's appeal by pla [64-1] (DMT) (Entered: 12/04/2003)

Dec. 2, 2003

Dec. 2, 2003

73

REPLY by pla Karl Whitmire to response to motion for attorney's fees for pla's appeal by pla [64-1] (DMT) (Entered: 12/17/2003)

Dec. 15, 2003

Dec. 15, 2003

74

NOTICE OF SETTLEMENT as to motion for attorneys fees for pla's appeal and WITHDRAWAL by pla of motion for attorney's fees for pla's appeal by pla [64-1] (DMT) (Entered: 01/02/2004)

Dec. 22, 2003

Dec. 22, 2003

Case Details

State / Territory: Arizona

Case Type(s):

Prison Conditions

Key Dates

Filing Date: April 14, 1998

Closing Date: 2003

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Same-sex partner of state prisoner alleging that DOC regulation prohibiting same-sex kissing and hugging among non-family members during prison visits violated equal protection clause

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: Unknown

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Arizona Department of Corrections, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2003 - None

Issues

General:

Gay/lesbian/transgender

Visiting

Type of Facility:

Government-run