Case: Diaz v. Romer

1:77-cv-01093 | U.S. District Court for the District of Colorado

Filed Date: Nov. 30, 1977

Clearinghouse coding complete

Case Summary

On November 30, 1977, an inmate at the Colorado State Penitentiary in Canon City ("Old Max") filed a class action lawsuit under 42 U.S.C. § 1983 in the U.S. District Court for the District of Colorado against the Governor of Colorado, several senators, the Department of Corrections, and administrators of the Colorado State Penitentiary in Canon City, Colorado. The class consisted of all persons who were or would be incarcerated in a maximum security unit of Old Max. The ACLU and the National Pr…

On November 30, 1977, an inmate at the Colorado State Penitentiary in Canon City ("Old Max") filed a class action lawsuit under 42 U.S.C. § 1983 in the U.S. District Court for the District of Colorado against the Governor of Colorado, several senators, the Department of Corrections, and administrators of the Colorado State Penitentiary in Canon City, Colorado. The class consisted of all persons who were or would be incarcerated in a maximum security unit of Old Max. The ACLU and the National Prison Project represented the class. The class sought declaratory and injunctive relief, alleging that the totality of conditions at the Old Max violated various constitutional rights of the inmates confined there.

After extensive discovery and a five week trial, the District Court (Judge John L. Kane Jr.) ruled from the bench on November 15, 1979 and issued a memorandum opinion and order on December 20, 1979. Ramos v. Lamm, 485 F. Supp. 122 (D. Colo. 1979). The court held that the conditions at Old Max constituted various statutory and constitutional violations. Specifically, the conditions included insufficient living space with inadequate sanitation, ventilation, light, heat, noise control, and fire safety; lack of protection from violence; pervasive idleness because of lack of productive activity; inadequate health care; unnecessarily restrictive classification of inmates. The court ordered that the Old Max facility be closed, but temporarily stayed its order on the condition that the State take immediate states to provide the plaintiff class with basic human needs and that the State present a detailed plan regarding the protection of the plaintiff class from further constitutional violations.

The defendants appealed. On September 25, 1980, the U.S. Court of Appeals for the Tenth Circuit (Judge William Judson Holloway, Jr.) affirmed in part and reversed in part the decision of the District Court. Ramos v. Lamm, 639 F.2d 559 (10th Cir. 1980). The court held that the District Court did not err in refusing to abstain from deciding the case, that the District Court did not err in finding Eighth Amendment violations in the areas of shelter, sanitation, food, safety, and health care, and a finding of a violation of the right of access to the courts. The court also upheld the District Court's ruling regarding the mail policies at Old Max. The court set aside the District Court's rulings regarding visitation restrictions, finding that the restrictions imposed were not unreasonable and serve legitimate penal concerns, and regarding idleness, classification and motility, because those areas were not of constitutional dimension. The Tenth Circuit vacated the remedial order and remanded the case for further proceedings. Both parties petitioned for writ of certiorari and were denied on April 6, 1981. Ramos v. Lamm, 450 U.S. 1041 (1981); Lamm v. Ramos, 450 U.S. 1041 (1981).

The plaintiffs applied for attorneys' fees and the District Court (Judge Kane) awarded fees and costs on March 17, 1982. Ramos v. Lamm, 539 F. Supp. 730 (D. Colo. 1982). The defendants' appealed the award of attorneys' costs and fees and the Tenth Circuit (Judge James Kenneth Logan) established guidelines for the award of attorneys' fees under the Civil Rights Attorney's Fees Award Act, 42 U.S.C. § 1988, and remanded for further proceedings. Ramos v. Lamm, 713 F.2d 546 (10th Cir. 1983). The District Court (Judge Kane) re-evaluated the fees and costs and determined an award on June 3, 1985, which was withdrawn upon the parties' objections and requests for another hearing on the matter. On March 27, 1986, the District Court (Judge Kane) again evaluated attorneys' fees and costs and awarded the plaintiffs' attorneys a total of $1,059,913.45 less the amount the defendant had previously paid. Ramos v. Lamm, 632 F. Supp. 376 (D. Colo. 1986).

Sometime between 1986 and 1990, Ramos v. Lamm became Diaz v. Romer. On August 7, 1985, the District Court entered a Consent Order directing defendants to comply with numerous provisions in the operation of three facilities. The case was to terminate within eighteen months of the order. As a result of changed circumstances, the 1985 Consent Order remained in effect. On March 21, 1989, the court entered the Amended (Master) Consent Order, which maintained and modified the provisions of the 1985 order. The plaintiffs continued to investigate and monitor the conditions at the facilities, and compliance with the court orders. In February 1990, the plaintiffs raised the issue of defendants' compliance with the Court's orders and filed a formal pleading.

After substantial discovery and negotiations, the parties made a Joint Motion for Entry of an Amended Consent Order. In September 1990, during the fairness hearing, the District Court (Judge James R. Carrigan) created two sub-classes of plaintiffs (those who were HIV positive, and those who were HIV negative). On March 7, 1990, the court refused to approve the provision of the consent order regarding the policies for HIV testing. The defendants appealed these decisions. On April 20, 1992, the Tenth Circuit (Judge Monroe G. McKay) affirmed the decision of the District Court. Diaz v. Romer, 961 F.2d 1508 (10th Cir. 1992).

On February 24, 1992, the parties made another joint motion for the approval of proposed settlement agreements. The proposed settlement agreements were to settle three class action lawsuits (this case (previously Ramos v. Lamm), Nolasco v. Romer (Docket No. 90-00340), and Arguello v. Romer (Docket No. 88-01335)) each challenging conditions of confinement in Colorado prisons. On June 12, 1992, the District Court (Judge Carrigan) granted the motion and approved the settlement agreements. Diaz v. Romer, 801 F. Supp. 405 (D. Colo. 1992). The Tenth Circuit affirmed the District Court's decision on October 21, 1993. Diaz v. Romer, 9 F.3d 116 (10th Cir. 1993).

The settlement agreement for Diaz v. Romer provided for the hiring of a full-time medical director, the hiring of an additional full-time psychiatrist, the establishment of a unit for the chronically mentally ill, and the hiring of forty-eight additional correctional and health care staff. The agreement further provided that inmates would not be double-bunked for a two-year period, unless necessary for renovations. The defendants agreed to arrange for qualified representatives from the American Correctional Association or the National Institute of Corrections to review the operations of the correctional facilities. The Settlement Agreement dissolved all previous consent orders of the District Court, and the court only retained jurisdiction to insure compliance with the settlement agreement.

Nolasco v. Romer and Arguello v. Romer had not proceeded to trial, unlike Diaz v. Romer. These two cases challenged the conditions at Colorado correctional facilities as unconstitutional. The jointly submitted settlement agreement in these cases appears to be substantially similar to the agreement in Diaz v. Romer. The only obvious difference is the obligation of the defendants to provide sex offenders with sex offender treatment. The court dismissed these cases with prejudice and ordered the parties to carry out the terms of the agreement.

In response to the motion filed by a member of the plaintiff class attacking the final judgment and dismissal of the class action, the District Court ruled that the class action was closed and that any motion should be filed by the class counsel. On November 30, 1993, the Tenth Circuit (per curiam) affirmed the District Court's decision. Diaz v. Romer, 13 F.3d 405 (10th Cir. 1993).

The case appears to be closed.

Summary Authors

Kaitlin Corkran (6/6/2006)

Related Cases

Ramos v. Lamm, District of Colorado (1977)

Nolasco v. Romer, District of Colorado (1990)

People


Judge(s)

Barrett, Michael Ryan (Ohio)

Brorby, Wade (Wyoming)

Carrigan, James R. (Colorado)

Ebel, David M. (Colorado)

Holloway, William Judson Jr. (Oklahoma)

Kane, John L. Jr. (Colorado)

Logan, James Kenneth (Kansas)

McKay, Monroe G. (Utah)

Seymour, Stephanie Kulp (Oklahoma)

Thompson, Ralph Gordon (Oklahoma)

Judge(s)

Barrett, Michael Ryan (Ohio)

Brorby, Wade (Wyoming)

Carrigan, James R. (Colorado)

Ebel, David M. (Colorado)

Holloway, William Judson Jr. (Oklahoma)

Kane, John L. Jr. (Colorado)

Logan, James Kenneth (Kansas)

McKay, Monroe G. (Utah)

Seymour, Stephanie Kulp (Oklahoma)

Thompson, Ralph Gordon (Oklahoma)

Attorneys(s) for Plaintiff

Barajas, Johnny C. (Colorado)

Black, Steven W. (Colorado)

Downing, Peter W. (Colorado)

Gottschalk, Hugh Q. (Colorado)

Haddon, Harold A. (Colorado)

Hartley, James Edward (Colorado)

Jester, Jay S. (Colorado)

Knowles, Ralph I. Jr. (Georgia)

Lane, David A. (Colorado)

Lopez, Mark J. (District of Columbia)

McKinnon, Caroline M. (Colorado)

Miller, David H. (Colorado)

Mueller, Norman R. (Colorado)

Spiller, Dudley P. Jr. (Colorado)

Wiesenberg, Peggy A. (District of Columbia)

Attorneys(s) for Defendant

Bromley, Tarquin Jay (Colorado)

Dailey, John Daniel (Colorado)

de Raismes, Joseph N. (Colorado)

Farley, Paul (Colorado)

Forman, Richard H. (Colorado)

Goldberg, Richard H. (Colorado)

Hennessey, Richard F. (Colorado)

Higgins, William J. (Colorado)

Howe, Charles B. (Colorado)

Kahn, Edwin S. (Colorado)

Little, David Russell (Colorado)

Lizza, John August (Colorado)

MacFarlane, John D. (Colorado)

Marquez, Anthony (Colorado)

Mikulecky, Scott Joseph (Colorado)

Mullarkey, Mary J. (Colorado)

Norton, Gale A. (Colorado)

Parsons, John R. (Colorado)

Phelan, Maureen E. (Colorado)

Rees, David K. (Colorado)

Sammons, Sarah Scott (Colorado)

Solano, Henry L. (Colorado)

Sousa, Dennis (Colorado)

Tymkovich, Timothy M. (Colorado)

Weinman, Jeffrey (Colorado)

Widick, Barbara L. (Colorado)

Woodward, Duane (Colorado)

Other Attorney(s)

Cherner, Philip Alan (Colorado)

Dufford, Philip G. (Colorado)

Risner, Michael T. (Colorado)

Robb, William C. (Colorado)

Documents in the Clearinghouse

Document

90-00340

Docket (PACER)

Nolasco v. Romer

Nov. 8, 1994

Nov. 8, 1994

Docket

1:88-cv-01335

Docket (PACER)

Arguello v. Romer

Nov. 8, 1994

Nov. 8, 1994

Docket

1:77-cv-01093

Memorandum Opinion and Order

Ramos v. Lamm

485 F.Supp. 122, 1980 U.S.Dist.LEXIS 10143

Dec. 20, 1979

Dec. 20, 1979

Order/Opinion

79-02324

Reported Opinion

Ramos v. Lamm

U. S. Court of Appeals for the Tenth Circuit

639 F.2d 559, 1980 U.S.App.LEXIS 13708

Sept. 25, 1980

Sept. 25, 1980

Order/Opinion

80-01340

Petition for writ of certiorari denied

Lamm v. Ramos

Supreme Court of the United States

450 U.S. 1041, 101 S.Ct. 1759, 68 L.Ed.2d 239

April 6, 1981

April 6, 1981

Order/Opinion

1:77-cv-01093

Order

Ramos v. Lamm

520 F.Supp. 1059, 1981 U.S.Dist.LEXIS 14175

Aug. 26, 1981

Aug. 26, 1981

Order/Opinion

1:77-cv-01093

Memorandum Opinion and Order Awarding Attorneys Fees

Ramos v. Lamm

539 F.Supp. 730, 1982 U.S.Dist.LEXIS 17776

March 26, 1982

March 26, 1982

Order/Opinion

82-01531

82-01544

Reported Opinion

Ramos v. Lamm

U. S. Court of Appeals for the Tenth Circuit

713 F.2d 546, 1983 U.S.App.LEXIS 26741

June 15, 1983

June 15, 1983

Order/Opinion

1:77-cv-01093

Memorandum Opinion and Order

Ramos v. Lamm

632 F.Supp. 376, 1986 U.S.Dist.LEXIS 27522

April 8, 1986

April 8, 1986

Order/Opinion

77-cv-00103

Final Agreement and Stipulation

Feb. 24, 1992

Feb. 24, 1992

Order/Opinion

Resources

Docket

Last updated June 5, 2022, 3:03 a.m.

ECF Number Description Date Link Date / Link
1

MINUTE ORDER : by Judge Jim R. Carrigan ..motion to quash service of process and dismiss dft Solano is DENIED as moot (cc: all counsel) (lam) (Entered: 06/26/1990)

June 19, 1990

June 19, 1990

6

ANSWER for Dft Gunter (lam) (Entered: 07/11/1990)

June 25, 1990

June 25, 1990

2

Motion by defendant for partial summary judgment , and disqualification of plas Greer,Arellano and Hollis (lam) (Entered: 07/07/1990)

July 2, 1990

July 2, 1990

3

BRIEF by defendant in support of motion for partial summary judgment [2-1]and disqualification of plas Greer,Arellano and Hollis [2-2] (lam) (Entered: 07/07/1990)

July 2, 1990

July 2, 1990

5

MINUTE ORDER : by Judge Jim R. Carrigan ...motion to intervene by Adams County Board of County Commissioners is DENIED (cc: all counsel) (lam) (Entered: 07/07/1990)

July 5, 1990

July 5, 1990

7

ANSWER by defendant Frank Gunter (lam) (Entered: 07/16/1990)

July 10, 1990

July 10, 1990

8

MOTION by Board County Commissioners of the County of Arapahoe, Colorado to intervene (former empl) (Entered: 07/20/1990)

July 20, 1990

July 20, 1990

Tendered Complaint by Intervenor submitted by Bd County Commis (former empl) (Entered: 07/20/1990)

July 20, 1990

July 20, 1990

9

MOTION by plaintiff to extend time to respond to dfts' mtn for summary judgment until 8/1/90 (lam) (Entered: 07/25/1990)

July 23, 1990

July 23, 1990

10

MINUTE ORDER : by Judge Jim R. Carrigan granting [9-1] motion to extend time to respond to dfts' mtn for partial summary judgment and disqualification of individual plas to 8/1/90 (cc: all counsel) (former empl) (Entered: 07/30/1990)

July 25, 1990

July 25, 1990

11

TENDERED INTERVENOR'S COMPLAINT by The Board of County Commissioners of the County of Pueblo, CO (former empl) Modified on 08/17/1990 (Entered: 08/01/1990)

Aug. 1, 1990

Aug. 1, 1990

12

MOTION by Pueblo Bd Cty Comm to intervene (former empl) (Entered: 08/01/1990)

Aug. 1, 1990

Aug. 1, 1990

13

MOTION by plaintiffs to amend complaint (lam) (Entered: 08/03/1990)

Aug. 1, 1990

Aug. 1, 1990

Tendered First Amended Complaint submitted by plaintiff (lam) (Entered: 08/03/1990)

Aug. 1, 1990

Aug. 1, 1990

14

RESPONSE by plaintiffs to motion disqualification of plas Greer,Arellano and Hollis [2-2] (lam) (Entered: 08/03/1990)

Aug. 1, 1990

Aug. 1, 1990

15

MEMORANDUM by plaintiffs in opposition to motion for partial summary judgment [2-1] (lam) (Entered: 08/03/1990)

Aug. 1, 1990

Aug. 1, 1990

16

MINUTE ORDER : by Judge Jim R. Carrigan granting [13-1] motion to amend complaint (cc: all counsel) (lam) (Entered: 08/03/1990)

Aug. 2, 1990

Aug. 2, 1990

17

AMENDED COMPLAINT [11-1] by plaintiff terminating defendant Acting Exec. Di Department Of Correc, defendant Henry Solano; adding John Spring, Stevens Sidney, Manuel De Pineda, as plas and Frank Gunter as dft (lam) (Entered: 08/03/1990)

Aug. 2, 1990

Aug. 2, 1990

18

MINUTE ORDER : by Judge Jim R. Carrigan re [8-1]; parties shall respond on or before 8/13/90 (cc: all counsel) (lam) (Entered: 08/07/1990)

Aug. 3, 1990

Aug. 3, 1990

19

CLARIFICATION OF MINUTE ORDER : by Judge Jim R. Carrigan re [12-1], re [8-1 ];parties shall respond to Bd of Cnty Commissioners Cnty of Pueblo mtn to intervene on or before 8/13/90 (cc: all counsel) (lam) (Entered: 08/09/1990)

Aug. 7, 1990

Aug. 7, 1990

20

EXHIBITS 1 and 2 ; affidavits of Louis E. Greer and Fidel Arellano (lam) (Entered: 08/09/1990)

Aug. 8, 1990

Aug. 8, 1990

21

RESPONSE by defendants to motion to intervene by Brd Cty Comm Cty of Pueblo [12-1] (lam) (Entered: 08/14/1990)

Aug. 13, 1990

Aug. 13, 1990

22

RESPONSE by defendants to motion to intervene by Brd of Cty Comm of the Cty of Arapahoe [8-1] (lam) (Entered: 08/14/1990)

Aug. 13, 1990

Aug. 13, 1990

23

RESPONSE by plaintiffs to motion to intervene by Brd of Cty Comm Cty of Arapahoe [8-1] (lam) (Entered: 08/14/1990)

Aug. 13, 1990

Aug. 13, 1990

24

RESPONSE by plaintiffs to motion to intervene by Brd Cty Comm Cty of Pueblo [12-1] (lam) (Entered: 08/14/1990)

Aug. 13, 1990

Aug. 13, 1990

25

ANSWER by defendants to first amended complaint (lam) (Entered: 08/17/1990)

Aug. 14, 1990

Aug. 14, 1990

26

MOTION by plaintiffs for pretrial ruling on expert testimony (lam) (Entered: 08/17/1990)

Aug. 16, 1990

Aug. 16, 1990

27

MOTION by plaintiffs to compel discovery (lam) (Entered: 08/17/1990)

Aug. 16, 1990

Aug. 16, 1990

28

ORDER by Judge Jim R. Carrigan; that plas' mtn for CLASS ACTION CERTIFICATION filed 5/10/90 is GRANTED (cc: all counsel) (lam) (Entered: 08/17/1990)

Aug. 16, 1990

Aug. 16, 1990

29

MINUTE ORDER : by Judge Jim R. Carrigan ; In-court hearing 8/22/90 at 2:00 pm re all pending mtns (cc: all counsel) (lam) (Entered: 08/22/1990)

Aug. 17, 1990

Aug. 17, 1990

30

REQUEST by intervenor-applicant, Arapahoe County for service of dfts response to Cnty's mtn to intervene and for time to reply (lam) (Entered: 08/22/1990)

Aug. 20, 1990

Aug. 20, 1990

31

RESPONSE by defendants to motion for pretrial ruling on expert testimony [26-1] (lam) (Entered: 08/22/1990)

Aug. 21, 1990

Aug. 21, 1990

32

COURTROOM MINUTES by Judge Jim R. Carrigan finding the motion to compel discovery [27-1] moot. finding the motion for partial summary judgment [2-1] moot. denying motion disqualification of plas Greer,Arellano and Hollis [2-2] granting motion for pretrial ruling on expert testimony [26-1] (gms) (Entered: 08/24/1990)

Aug. 22, 1990

Aug. 22, 1990

33

MINUTE ORDER : by Judge Jim R. Carrigan re [2-1], re [2-2] Motion for partial summary judgment and disqualification of individual pltfs Green, Arellano and Hollis is denied as moot(cc: all counsel) (gms) (Entered: 08/24/1990)

Aug. 23, 1990

Aug. 23, 1990

34

REPLY by intervenor Bd Cty Com Arapahoe to opposition to motion to intervene [8-1] (former empl) (Entered: 08/27/1990)

Aug. 27, 1990

Aug. 27, 1990

36

LETTER to Judge from defendants in accordance w/request; informing no objection to appt of Gov McNichol as special master in the Nolasco case; submit proposed dates for visits to prisons (lam) (Entered: 08/29/1990)

Aug. 28, 1990

Aug. 28, 1990

37

MINUTE ORDER : by Judge Jim R. Carrigan denying motion to intervene [12-1] denying motion to intervene [8-1] (cc: all counsel) (lam) (Entered: 09/07/1990)

Sept. 6, 1990

Sept. 6, 1990

38

NOTICE by plaintiffs of attorney change of address (lam) (Entered: 09/12/1990)

Sept. 10, 1990

Sept. 10, 1990

39

COURTROOM MINUTES by Judge Jim R. Carrigan ; Discovery Matters; 74-1093 & 90-340 are Consolidated for Discovery only; Discussion re inmates wanting to talk with experts in private (lam) (Entered: 09/14/1990)

Sept. 12, 1990

Sept. 12, 1990

40

ORDER by Judge Jim R. Carrigan appointing Special Master, Stephen L.R. McNichols and alternate Special Master, Richard J. Bernick to oversee discovery and other pretrial disputes; Please see Order for further info re powers and responsiblities of Special Master; plas and fts shall immediately pay $2,000.00 into Spec Master Fund to be established in interest bearing trust acct to be opened by Spec Master (cc: all counsel) (lam) (Entered: 09/18/1990)

Sept. 13, 1990

Sept. 13, 1990

41

MOTION by plaintiff class to extension of time until 12/1/90 to respond to order appointing the special master (lam) (Entered: 10/04/1990)

Oct. 3, 1990

Oct. 3, 1990

42

MINUTE ORDER : by Judge Jim R. Carrigan re [41-1]; dfts shall respond on or before 10/15/90 (cc: all counsel) (lam) (Entered: 10/09/1990)

Oct. 4, 1990

Oct. 4, 1990

43

RESPONSE by defendants to motion to extension of time until 12/1/90 to respond to order appointing the special master [41-1] (lam) (Entered: 10/16/1990)

Oct. 12, 1990

Oct. 12, 1990

44

MOTION by plaintiffs to consolidate cases for purposes of discovery w/77-C-1093 (lam) (Entered: 10/16/1990)

Oct. 15, 1990

Oct. 15, 1990

45

MOTION by plaintiffs to consolidate cases for purposes of discovery w/77-C-1093 (lam) (Entered: 10/17/1990)

Oct. 15, 1990

Oct. 15, 1990

46

Limited OBJECTION by plaintiff to order appointing special master [40- 2] (lam) (Entered: 10/17/1990)

Oct. 15, 1990

Oct. 15, 1990

47

MINUTE ORDER : by Judge Jim R. Carrigan re [45-1], re [44-1]; dfts to respond on or before 10/29/90 (cc: all counsel) (lam) (Entered: 10/17/1990)

Oct. 16, 1990

Oct. 16, 1990

48

RESPONSE by defendants to motion to consolidate cases for purposes of discovery [45-1],[44-1] (gms) (Entered: 10/25/1990)

Oct. 22, 1990

Oct. 22, 1990

50

MINUTE ORDER : by Judge Jim R. Carrigan granting motion to consolidate cases 90-C-340 and 77-C-1093 for purposes of discovery [45-1], [44-1] (cc: all counsel) (lam) (Entered: 11/02/1990)

Oct. 30, 1990

Oct. 30, 1990

51

MOTION by plaintiffs for leave to to file reply memorandum in support ot limited obj to court order appointing spec master (lam) (Entered: 11/13/1990)

Nov. 9, 1990

Nov. 9, 1990

52

REPLY memorandum by plaintiffs in support of their limited obj to order appointing special master re [46-1] (lam) (Entered: 11/13/1990)

Nov. 9, 1990

Nov. 9, 1990

53

MINUTE ORDER : by Judge Jim R. Carrigan granting motion for leave to to file reply memorandum in support of limited obj to court order appointing spec master [51-1] (cc: all counsel) (former empl) (Entered: 11/15/1990)

Nov. 13, 1990

Nov. 13, 1990

54

NOTICE by defendants of attorney change of address (lam) (Entered: 12/06/1990)

Dec. 4, 1990

Dec. 4, 1990

55

ORDER by Judge Jim R. Carrigan ; Rule 16 conference set 12/27/90 at 10:30 am (cc: all counsel) (lam) (Entered: 12/17/1990)

Dec. 13, 1990

Dec. 13, 1990

56

MINUTE ORDER : by Judge Jim R. Carrigan re [46-1] ; In-court hearing re plas' limited obj to order appointing special master set 12/27/90 at 10:30 am (cc: all counsel) (lam) (Entered: 12/17/1990)

Dec. 13, 1990

Dec. 13, 1990

57

MOTION by plaintiffs for leave to proceed without prepayment of costs (lam) (Entered: 12/21/1990)

Dec. 20, 1990

Dec. 20, 1990

58

LETTER to court from plaintiffs csl re attached original affidavits to be attached to 12/20/90 mtn for leave to proceed without prepayment of costs; were inadvertently omitted (lam) Modified on 12/26/1990 (Entered: 12/26/1990)

Dec. 21, 1990

Dec. 21, 1990

59

COURTROOM MINUTES by Judge Jim R. Carrigan re [46-1] denying motion for leave to proceed without prepayment of costs [57-1]; ordered that parties to advance $2,000 into fund to be deposited into bank; Spec Master McNichols states htis has been done ; Rule 16 conference satisfied ; In court hearing re obj to SpecMaster, parties agree that Mr McNichols will serve as mediator , handle settlement & not rule on anything ; Jt Scheduling Order to be amended and resubmitted with new dates ; Trial Prep Conf set 9/24/91 at 8:00; Trial set 10/7/91; Proposed pretrial order ddl 9/9/91 ; Final Pretrial Conference 9/17/91 at 4:00 pm; (lam) (Entered: 12/27/1990)

Dec. 27, 1990

Dec. 27, 1990

60

MINUTE ORDER : by Judge Jim R. Carrigan ; Trial to court set 10/7/91 at 8:30 (cc: all counsel) (lam) (Entered: 12/28/1990)

Dec. 27, 1990

Dec. 27, 1990

61

SCHEDULING ORDER Judge Jim R. Carrigan ; Discovery set for 7/15/91 ;dispositive motions due 8/30/91 (cc: all counsel) (former empl) (Entered: 01/09/1991)

Jan. 8, 1991

Jan. 8, 1991

63

MINUTE ORDER : by Judge Jim R. Carrigan granting motion for attorney Lopez to appear pro hac vice [62-1] (cc: all counsel) (lam) (Entered: 01/16/1991)

Jan. 15, 1991

Jan. 15, 1991

64

MOTION by plaintiff James Masterson for leave to permit James Masterson to pursue his individual claims in a separate action (lam) (Entered: 03/05/1991)

March 4, 1991

March 4, 1991

65

MINUTE ORDER : by Judge Jim R. Carrigan granting motion for leave to permit James Masterson to pursue his individual claims in a separate action [64-1] (cc: all counsel) (lam) (Entered: 04/09/1991)

April 8, 1991

April 8, 1991

66

MOTION by defendants to compel response discovery , and for sanctions (lam) (Entered: 05/23/1991)

May 22, 1991

May 22, 1991

67

MINUTE ORDER : by Judge Jim R. Carrigan re [66-1], re [66-2]; plas shall respond to the mtn to compel response to discovery and for sanctions on or before 6/7/91 (cc: all counsel) (lam) (Entered: 05/24/1991)

May 23, 1991

May 23, 1991

68

MOTION by plaintiffs to vacate trial date (lam) (Entered: 05/31/1991)

May 30, 1991

May 30, 1991

69

RESPONSE by plaintiff to motion to compel response discovery [66-1] and for sanctions [66-2] (lam) (Entered: 05/31/1991)

May 30, 1991

May 30, 1991

70

STIPULATED PROTECTIVE ORDER by Judge Jim R. Carrigan : re discovery dfts have requested...see Order for further info re terms (cc: all counsel) (lam) (Entered: 06/03/1991)

May 31, 1991

May 31, 1991

71

MINUTE ORDER : by Judge Jim R. Carrigan re [68-1]; dfts shall respond to mtn to vacate trial date on or before 6/10/91 (cc: all counsel) (lam) (Entered: 06/04/1991)

June 3, 1991

June 3, 1991

72

RESPONSE by plaintiffs to motion to vacate trial date [68-1] (lam) (Entered: 06/07/1991)

June 6, 1991

June 6, 1991

73

REPLY by defendant to response to motion to compel response discovery [66-1] (lam) (Entered: 06/07/1991)

June 6, 1991

June 6, 1991

74

MOTION by plaintiffs for status conf (lam) (Entered: 06/26/1991)

June 25, 1991

June 25, 1991

75

Receipt and SATISFACTION OF SETTLEMENT/JUDGMENT in the amt of $80,000.00 by pla (lam) (Entered: 06/26/1991)

June 25, 1991

June 25, 1991

76

MINUTE ORDER : by Judge Jim R. Carrigan granting motion for status conf [74-1]; 2:00 8/2/91 setting hearing on motion to vacate trial date [68-1] 2:00 8/2/91, setting hearing on motion to compel response discovery [66-1] 2:00 8/2/91, setting hearing on motion for sanctions [66- 2] 2:00 8/2/91 (cc: all counsel) ; entry date : 6/27/91 (lam) (Entered: 06/27/1991)

June 26, 1991

June 26, 1991

77

MINUTE ORDER : by Judge Jim R. Carrigan setting hearing on motion to compel response discovery [66-1] and for sanctions [66-2] set 3:00 8/16/91 (cc: all counsel) ; entry date : 7/16/91 (lam) (Entered: 07/16/1991)

July 16, 1991

July 16, 1991

78

MINUTE ORDER : by Judge Jim R. Carrigan motion to vacate trial date [68-1] ; motion hearing set 8/2/91 is vacated (cc: all counsel) ; entry date : 7/31/91 (lam) (Entered: 07/31/1991)

July 29, 1991

July 29, 1991

79

COURTROOM MINUTES by Judge Jim R. Carrigan ; Status Conf held 8/19/91 and continued to 10:00 8/20/91 re [66-1], [66-2]; granting motion to vacate trial date [68-1], parties are to priortize issues - schedule confs & a trial date that they can agree upon; dfts request pla's amend their complaints..Court orders Special Master make arrangements to inspect prisons..and report back ; entry date : 8/20/91 (lam) (Entered: 08/20/1991)

Aug. 19, 1991

Aug. 19, 1991

80

COURTROOM MINUTES by Judge Jim R. Carrigan (status conf cont'd ) ....Court orders that pla must forward list of experts to dfts & dfts do the same [66-1] [66-2]; pla will AMEND COMPLAINT by 9/5/91, answer to be filed w/in 20 days ; Discovery ddl extended 12/31/91, all expert to be named by bothe side by 11/15/91 ;mtn for summary judgment to be filed by 1/15/92, responses due w/in 10 days ; pto ddl 2/17/91 ; Trial 3/23/91 ; trial prep Conference 10:00 3/13/91 ; request re atty-client priviledge is denied ; entry date : 8/22/91 (lam) (Entered: 08/22/1991)

Aug. 20, 1991

Aug. 20, 1991

81

SCHEDULING ORDER Judge Jim R. Carrigan ; at 8/20/91 status conf, the following dates were agreed upon and therefore ordered: 9/5/91 ddl for filing amended complaint...; trial preparation conf shall be held 3/14/92 at 10:00 am trial to court set for 8:30 3/23/92 ;pretrial order due 2/17/92 ; .. settlement conference 10/2/91 with Honorable Stephen L. R. McNichols. (If no settlement is reached by the attys on this date (subj to client approval) plas to answer by 11/4/91....; discovery ddl 12/31/91; ddl for summary judgment mtns to be filed by 1/15/92... (cc: all counsel) (lam) (Entered: 08/27/1991)

Aug. 26, 1991

Aug. 26, 1991

82

NOTICE of filing second amended complaint by plaintiffs plaintiff Sarah Carleton (lam) (Entered: 09/06/1991)

Sept. 5, 1991

Sept. 5, 1991

83

SECOND AMENDED COMPLAINT [17-1] by plaintiffs (lam) (Entered: 09/06/1991)

Sept. 5, 1991

Sept. 5, 1991

84

STIPULATED MOTION by plaintiffs, defendants to withdraw expert report (lam) (Entered: 09/23/1991)

Sept. 20, 1991

Sept. 20, 1991

85

ORDER by Judge Jim R. Carrigan granting motion to withdraw expert report of Sean McConville [84-1] (cc: all counsel) ; entry date : 9/23/91 (lam) (Entered: 09/23/1991)

Sept. 23, 1991

Sept. 23, 1991

86

MOTION by defendants to extend time for filing responsive pleading (lam) (Entered: 02/07/1992)

Sept. 25, 1991

Sept. 25, 1991

86

MINUTE ORDER : by Judge Jim R. Carrigan; dfts' mtn for ext of time to file responsive pleading is granted to 11/10/91 (cc: all counsel) entry date : 9/27/91 (lam) (Entered: 09/27/1991)

Sept. 26, 1991

Sept. 26, 1991

87

MOTION by plaintiff, defendant, plaintiff, defendant to extend discovery schedule by 30 days (lam) (Entered: 11/12/1991)

Nov. 12, 1991

Nov. 12, 1991

88

MINUTE ORDER : by Judge Jim R. Carrigan granting joint motion to extend discovery schedule by 30 days [87-1] ; Discovery ddl extended to 1/30/92 (cc: all counsel) ; entry date : 11/12/91 (lam) (Entered: 11/12/1991)

Nov. 12, 1991

Nov. 12, 1991

89

ANSWER by defendant second amended complaint [83-1] (lam) (Entered: 11/12/1991)

Nov. 12, 1991

Nov. 12, 1991

90

MOTION by plaintiffs to extend pt schedule addl 45 days (lam) (Entered: 12/05/1991)

Dec. 4, 1991

Dec. 4, 1991

91

MINUTE ORDER : by Judge Jim R. Carrigan granting pla's motion to extend pt schedule [90-1] ; 3/23/92 Trial date vacated and trial is reset 9:00 5/4/92 , all trial subpoenas are cont'd to that time (cc: all counsel) ; entry date : 12/10/91 (lam) (Entered: 12/10/1991)

Dec. 6, 1991

Dec. 6, 1991

92

MOTION by plaintiffs and defendants for approval of settlement agreement (former empl) (Entered: 02/25/1992)

Feb. 24, 1992

Feb. 24, 1992

93

COURTROOM MINUTES by Judge Jim R. Carrigan, Oral Motion by Mr. Miller for Appleseed Jesus-Daughter to withdraw from Case. Motion is granted and a written motion should be submitted to the court. Notice to class members to be submitted w/in 10 days. re [92-1] ; entry date : 2/25/92 (former empl) (Entered: 02/25/1992)

Feb. 24, 1992

Feb. 24, 1992

94

ORDER by Judge Jim R. Carrigan, the Special Master may withdraw $4,000 immediately from the Special Master Account; Each party is ordered to pay an additional $2,500 into the Special Master Account w/in 30 day. (cc: all counsel) ; entry date : 2/25/92 (former empl) (Entered: 02/25/1992)

Feb. 24, 1992

Feb. 24, 1992

95

MOTION by plaintiffs for approval of procedure and schedule for providing ntc to members of the class (lam) (Entered: 03/02/1992)

Feb. 28, 1992

Feb. 28, 1992

96

ORDER by Judge Jim R. Carrigan: matter comes on for determination pursuant to jointly submitted mtn for approval of the final settlement agreement re [92-1]; that the Clerk of the District Court shall execute a ntc to inmates; dfts shall post a copy of the ntc and proposed settlement agreement in every living unit and in each law library of each of the affected prisons as set out in the proposed settlement agreement, no later than 3/6/92; the clerk shall accept and transmit to the court all correspondence received at the designated postal box post marked through and including 4/6/92 for approval of procedure and schedule for providing ntc to members of the class re [95-1] (cc: all counsel) ; entry date : 3/2/92 (lam) (Entered: 03/02/1992)

March 2, 1992

March 2, 1992

97

NOTICE of Proposed Settlement pursuant to FRCP 23 by James R. Manspeaker, Clerk; proposed settlement has been submitted to Court for approval; if desire to comment on or object to proposed settlement a written statement must be filed with the Court no later than 4/6/92; address written comments or objs to Clerk of USDC, Attention: Prison Litigation, P.O. Box 1618, Denver, CO 80201; the Court will consider all timely-filed objs at a hrging to approve the proposed settlement on 4/17/92; ntc shall be clearly posted in every living unit at affected prisons and in each law library where applicable (lam) (Entered: 03/02/1992)

March 2, 1992

March 2, 1992

98

MOTION by plaintiff Appleseed Jesusdaughter to dismiss and withdraw as a representative member to the class before Judge Jim R. Carrigan (lam) (Entered: 03/11/1992)

March 10, 1992

March 10, 1992

99

ORDER by Judge Jim R. Carrigan granting Ms Appleseed Jesusdaughter's motion to dismiss and withdraw as a representative member to the class [98-1]; dismissing without prejudice party Appleseed Jesusdaughter's claims in action (cc: all counsel) ; entry date : 3/13/92 (lam) (Entered: 03/13/1992)

March 12, 1992

March 12, 1992

100

OBJECTION by defendants to proposed order being without prejudice re mtn dismiss pla Ms. Jesusdaughter [98-1] (lam) (Entered: 03/13/1992)

March 12, 1992

March 12, 1992

101

RESPONSE by plaintiffs' to dfts' obj to proposed order re granting Ms. Appleseed Jesusdaughter's mtn to dismiss [98-1] (lam) (Entered: 03/16/1992)

March 13, 1992

March 13, 1992

Case Details

State / Territory: Colorado

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Nov. 30, 1977

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All persons who were or would be incarcerated in the maximum security unit of the Colorado State penitentiary. Later, the class became all persons who were or would be confined in three specific correctional facilities in Colorado.

Public Interest Lawyer: Unknown

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Colorado State Penitentiary, State

Colorado Department of Corrections, State

Buena Vista Correctional Facility, State

Colorado Women's Correctional Facility (Canon City), State

Fremont Correctional Facility, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Any published opinion

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: 1985 - 1994

Issues

General:

Assault/abuse by residents/inmates/students

Classification / placement

Fire safety

Recreation / Exercise

Sanitation / living conditions

Totality of conditions

Affected Gender:

Male

Type of Facility:

Government-run