Case: Nolasco v. Romer

1:90-cv-00340 | U.S. District Court for the District of Colorado

Filed Date: Feb. 27, 1990

Closed Date: Nov. 8, 1994

Clearinghouse coding complete

Case Summary

On Feb. 27, 1990, Colorado inmates filed a class action lawsuit under 42 USC 1983 in the U.S. District Court for the District of Colorado. The inmates, represented by the ACLU of Colorado, the ACLU National Prison Project and private counsel, challenged the conditions of confinement, particularly overcrowding, in three Colorado state prisons. The three prisons were not included in the 1979 decision and remedial measures in Ramos v. Lamm (PC-CO-0005) prohibiting overcrowding in three Colorado fa…

On Feb. 27, 1990, Colorado inmates filed a class action lawsuit under 42 USC 1983 in the U.S. District Court for the District of Colorado. The inmates, represented by the ACLU of Colorado, the ACLU National Prison Project and private counsel, challenged the conditions of confinement, particularly overcrowding, in three Colorado state prisons. The three prisons were not included in the 1979 decision and remedial measures in Ramos v. Lamm (PC-CO-0005) prohibiting overcrowding in three Colorado facilities.

The inmates' complaints alleged that that the totality of conditions at the prisons fell below the standards of human decency, particularly with respect to the overcrowded and unsanitary environment. Plaintiffs sought a declaratory judgment that their constitutional rights were being violated, and a comprehensive remedial order to abate permanently the alleged unconstitutional conditions causing the violations. The plaintiff class of all current and future inmates of the facilities was certified on August 16, 1990 over the objection of the defendants.

According to the docket, the matter was consolidated with Diaz v. Romer, Civil Action No. 77-C-1093 (PC-CO-0001) for purposes of discovery on October 30, 1990. At some point the matter was also consolidated with Arguello v. Romer, Civil Action No. 88-C-1335.

The parties engaged in substantial discovery, including the employment of expert witnesses to assess the conditions of the prisons. After several months of negotiations, they reached a settlement agreement, which the court (Judge Jim R. Carrigan) approved on June 12, 1992. 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 agreement specified that in return for final closure of these cases, the defendants would make capital improvements and undertake certain other changes at each of the prisons to insure that conditions of confinement at those facilities met constitutional standards. These improvements included: renovations to the facilities, an end to double bunking for inmates classified in administrative segregation, improvements in sanitation and health care, and expansion of sex offender treatment programs. The agreement also provided for annual peer review by a qualified representative from the American Correctional Association, the National Institute of Corrections, or an independent entity approved by one of those organizations.

The settlement agreement specified that any proceeding to enforce the agreement must be in the form of a new action, and stated the parties' intent that it be enforceable in federal court. The parties stipulated that in the event that no federal jurisdiction existed for a new action, this case could be reopened and the dismissal order vacated for the limited purpose of enforcing the agreement. The agreement also stated that if plaintiffs did not challenge or otherwise object to evidence of compliance with the terms of the agreement by August 31, 1994, the defendants' compliance would be deemed established.

The settlement agreement was approved, and the complaint and amended complaints in Nolasco and Arguello were dismissed with prejudice. The court reasoned that the steps taken by the defendants in the past several years, which included spending of millions of dollars renovating the physical facilities, together with the steps contemplated in the proposed settlement agreement, should ensure that the conditions at the prisons meet constitutional standards.

A pro se appeal by a class member from the district court's order approving a stipulated final settlement of all claims in the Diaz case was denied on October 21, 1993. The court found that the appellant received notice of the settlement agreement, that the district court's settlement of the class action suit does not rise to the required level of a constitutional challenge on the issue of state health standards, and that there is no reason to wait until appellant's state law claims are settled before approving a final settlement in this action.

According to the docket, a stipulation by the plaintiffs and defendants for an order closing the action and terminating its jurisdiction was filed in November 1994, and the judge issued an order closing the action in all respects.

Summary Authors

Theresa Spaulding (4/12/2005)

Related Cases

Diaz v. Romer, District of Colorado (1977)

Ramos v. Lamm, District of Colorado (1977)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/9490290/parties/debra-nolasco-v-roy-s-romer/


Judge(s)

Carrigan, James R. (Colorado)

Attorneys(s) for Plaintiff

Barajas, Johnny C. (Colorado)

Hartley, James Edward (Colorado)

Jester, Jay S. (Colorado)

Lopez, Mark J. (District of Columbia)

Miller, David H. (Colorado)

Spiller, Dudley P. Jr. (Colorado)

Attorneys(s) for Defendant

Higgins, William J. (Colorado)

Marquez, Anthony (Colorado)

Other Attorney(s)

Active

Judge(s)

Carrigan, James R. (Colorado)

Attorneys(s) for Plaintiff

Barajas, Johnny C. (Colorado)

Hartley, James Edward (Colorado)

Jester, Jay S. (Colorado)

Lopez, Mark J. (District of Columbia)

Miller, David H. (Colorado)

Spiller, Dudley P. Jr. (Colorado)

Attorneys(s) for Defendant

Higgins, William J. (Colorado)

Marquez, Anthony (Colorado)

Other Attorney(s)

Cherner, Philip Alan (Colorado)

Documents in the Clearinghouse

Document

1:90-cv-00340

Docket (PACER)

Nov. 8, 1994

Nov. 8, 1994

Docket
130

1:90-cv-00340

77-01093

88-01335

Order

Diaz v. Romer

801 F.Supp. 405, 1992 U.S.Dist.LEXIS 10896

June 12, 1992

June 12, 1992

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/9490290/debra-nolasco-v-roy-s-romer/

Last updated Aug. 12, 2022, 1:30 p.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

PACER
6

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

June 25, 1990

June 25, 1990

PACER
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

PACER
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

PACER
4

MINUTE ORDER : by Judge Jim R. Carrigan ...ans by dft Gunter is STRICKEN... dft Gunter shall file proper ans w/in 10 days (cc: all counsel) (lam) (Entered: 07/07/1990)

July 2, 1990

July 2, 1990

PACER
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

PACER
7

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

July 10, 1990

July 10, 1990

PACER
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

PACER

Tendered Complaint by Intervenor submitted by Bd County Commis (former empl)

July 20, 1990

July 20, 1990

PACER
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

PACER
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

PACER
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

PACER
12

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

Aug. 1, 1990

Aug. 1, 1990

PACER
13

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

Aug. 1, 1990

Aug. 1, 1990

PACER

Tendered First Amended Complaint submitted by plaintiff (lam)

Aug. 1, 1990

Aug. 1, 1990

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
20

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

Aug. 8, 1990

Aug. 8, 1990

PACER
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

PACER
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

PACER
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

PACER
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

PACER
25

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

Aug. 14, 1990

Aug. 14, 1990

PACER
26

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

Aug. 16, 1990

Aug. 16, 1990

PACER
27

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

Aug. 16, 1990

Aug. 16, 1990

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
35

REPLY of Pueblo County to opposition to motion to intervene [12-1] (former empl) (Entered: 08/27/1990)

Aug. 27, 1990

Aug. 27, 1990

PACER
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

PACER
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

PACER
38

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

Sept. 10, 1990

Sept. 10, 1990

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
46

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

Oct. 15, 1990

Oct. 15, 1990

PACER
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

PACER
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

PACER
49

RESPONSE to limited objection to order appointing special master by defendants (lam) (Entered: 10/30/1990)

Oct. 29, 1990

Oct. 29, 1990

PACER
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

PACER
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

PACER
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

PACER
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

PACER
54

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

Dec. 4, 1990

Dec. 4, 1990

PACER
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

PACER
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

PACER
57

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

Dec. 20, 1990

Dec. 20, 1990

PACER
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

PACER
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

PACER
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

PACER
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

PACER
62

MOTION by plaintiffs for attorney Lopez to appear pro hac vice (lam) (Entered: 01/15/1991)

Jan. 14, 1991

Jan. 14, 1991

PACER
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

PACER
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

PACER
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

PACER
66

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

May 22, 1991

May 22, 1991

PACER
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

PACER
68

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

May 30, 1991

May 30, 1991

PACER
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

PACER
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

PACER
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

PACER
72

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

June 6, 1991

June 6, 1991

PACER
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

PACER
74

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

June 25, 1991

June 25, 1991

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
82

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

Sept. 5, 1991

Sept. 5, 1991

PACER
83

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

Sept. 5, 1991

Sept. 5, 1991

PACER
84

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

Sept. 20, 1991

Sept. 20, 1991

PACER
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

PACER
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

PACER
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

PACER
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

PACER
89

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

Nov. 12, 1991

Nov. 12, 1991

PACER
90

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

Dec. 4, 1991

Dec. 4, 1991

PACER
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

PACER
92

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

Feb. 24, 1992

Feb. 24, 1992

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER

Case Details

State / Territory: Colorado

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Feb. 27, 1990

Closing Date: Nov. 8, 1994

Case Ongoing: No

Plaintiffs

Plaintiff Description:

prisoners of the Colorado Department of Corrections

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Buena Vista Correctional Facility, State

Colorado Women's Correctional Facility, State

Fremont Correctional Facility (Fremont), State

Fremont Correctional Facility (Fremont), 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

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1992 - None

Issues

General:

Assault/abuse by residents/inmates/students

Counseling

Disciplinary procedures

Fire safety

Food service / nutrition / hydration

Law library access

Personal injury

Protective custody

Recreation / Exercise

Sanitation / living conditions

Staff (number, training, qualifications, wages)

Totality of conditions

Crowding:

Crowding / caseload

Type of Facility:

Government-run