Filed Date: Oct. 5, 1981
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In October 1981, inmates at various state penal institutions in Colorado filed a pro se lawsuit under 42 U.S.C. § 1983 against the Colorado Department of Corrections in the U.S. District Court for the District of Colorado. The plaintiffs claimed that the defendants had violated their constitutional rights, depriving them of property by keeping the inmate funds in non-interest bearing accounts.
In February 1982, the parties entered into a settlement agreement in the U.S. District Court for the District of Colorado, in which the plaintiffs relinquished their claims for interest earned on individual accounts and agreed to pursue grievance procedures before bringing legal claims in the future. The action was never formally dismissed by the court. In November 1983, the court reopened the case and entered an amended agreement, clarifying that the inmates would have separate, individualized accounts within the umbrella of the inmate trust account.
In May 2001, the plaintiffs asked the court to enforce the terms of the agreement and hold the defendants in contempt of court for failing to comply. The U.S. District Court for the District of Colorado (Judge John Kane) denied the plaintiff's petition, and the plaintiff appealed. On August 28, 2002, the U.S. Court of Appeals for the Tenth Circuit (Judge Carlos Lucero) denied the plaintiff's appeal, affirming the district court's decision. Floyd v. Ortiz, 300 F.3d 1223 (10th Cir. 2002). On May 21, 2003, the case was closed.
In May 2009, however, a motion to enforce the consent decree was again brought, this time by another inmate, acting as an Interested Party. Judge Kane granted the defendant's subsequent, and unopposed, motion to terminate prospective relief. The inmate filed a notice of appeal in the Tenth Circuit Court of Appeals but failed to pay the filing fee. Consequently, his appeal was dismissed for lack of prosecution.
Summary Authors
Kristen Sagar (3/31/2006)
Kevin Nomura (3/9/2015)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5029114/parties/floyd-v-ricketts/
Kane, John L. Jr. (Colorado)
Lucero, Carlos F. (Colorado)
Katzman, Steven Bruce (Colorado)
Dailey, John Daniel (Colorado)
Gellar, Nicole S. (Colorado)
Kane, John L. Jr. (Colorado)
Lucero, Carlos F. (Colorado)
See docket on RECAP: https://www.courtlistener.com/docket/5029114/floyd-v-ricketts/
Last updated March 23, 2024, 3:06 a.m.
State / Territory: Colorado
Case Type(s):
Key Dates
Filing Date: Oct. 5, 1981
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Inmates who petitioned to obtain contempt citations against executive director of Colorado department of corrections
Plaintiff Type(s):
Public Interest Lawyer: Unknown
Filed Pro Se: Yes
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Colorado Department of Corrections, State
Case Details
Causes of Action:
Constitutional Clause(s):
Due Process: Substantive Due Process
Available Documents:
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Order Duration: 1982 - 2002
Issues
General:
Type of Facility: