Case: Marioneaux v. Colorado State Penitentiary

1:78-cv-01065 | U.S. District Court for the District of Colorado

Filed Date: Oct. 12, 1978

Closed Date: 1991

Clearinghouse coding complete

Case Summary

On October 12, 1978, maximum security prisoners at the Colorado State Penitentiary filed a class action 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 prisoners alleged that their constitutional rights had been violated by the prison officials' placement of prisoners in punitive and administrative segregation without due process, which was a failure to comply with the procedures set forth in the prison …

On October 12, 1978, maximum security prisoners at the Colorado State Penitentiary filed a class action 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 prisoners alleged that their constitutional rights had been violated by the prison officials' placement of prisoners in punitive and administrative segregation without due process, which was a failure to comply with the procedures set forth in the prison manual.

On February 28, 1979, the U.S. District Court for the District of Colorado (Judge John Kane) granted the plaintiffs' request for a temporary restraining order, holding that the prison manual created constitutionally protected liberty interests for the inmates and that the prison officials' failures to comply were unjustified. Marioneaux v. Colorado State Penitentiary, 465 F.Supp. 1245 (D.Colo. 1979).

The defendants asked the court to enjoin one of the named plaintiffs, Richard Thiery, from proceeding with an action in the state district court in Canon City, Colorado. On March 9, 1984, the U.S. District Court for the District of Colorado (Judge Kane) denied the motion. Marioneaux v. Colorado State Penitentiary, 581 F.Supp. 26 (D.Colo. 1984).

On January 9, 1989, one of plaintiffs, Jack Chrisman, filed a motion asking the court to force the defendants to comply with the consent decree. On October 18, 1990, the U.S. District Court for the District of Colorado (Judge Sherman G. Finesilver) entered an order of closure to terminate the class action lawsuit, ruling that inmates would be allowed to proceed on their own if they had issues that were not settled by the termination of the class action lawsuit. On January 14, 1991, the plaintiffs and defendants reached a partial settlement. Individual plaintiffs continued to litigate their own claims, but the class action lawsuit was closed. We have no further information on the individual lawsuits.

Summary Authors

Kristen Sagar (3/17/2006)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4782869/parties/marioneaux-v-colorado-state-penit/


Judge(s)

Kane, John Kintzing (Pennsylvania)

Attorneys(s) for Plaintiff

Chase, Jonathon B. (Colorado)

Miller, David H. (Colorado)

Salomon, Barbara (Colorado)

Attorneys(s) for Defendant

DeMuro, David R. (Colorado)

de Raismes, Joseph N. (Colorado)

Goldberg, Richard H. (Colorado)

Rediger, Richard K. (Colorado)

Judge(s)

Kane, John Kintzing (Pennsylvania)

Attorneys(s) for Plaintiff

Chase, Jonathon B. (Colorado)

Miller, David H. (Colorado)

Salomon, Barbara (Colorado)

Attorneys(s) for Defendant

DeMuro, David R. (Colorado)

de Raismes, Joseph N. (Colorado)

Goldberg, Richard H. (Colorado)

Rediger, Richard K. (Colorado)

Documents in the Clearinghouse

Document

Docket (PACER)

Jan. 19, 2007 Docket

Temporary Restraining Order

465 F.Supp. 1245, 1979 U.S.Dist.LEXIS 14080

Feb. 28, 1979 Order/Opinion

Order Denying Injunctive Relief

581 F.Supp. 26, 1984 U.S.Dist.LEXIS 18729

March 9, 1984 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4782869/marioneaux-v-colorado-state-penit/

Last updated May 19, 2022, 11:40 p.m.

ECF Number Description Date Link

MOTION by plaintiff to enforce compliance under Rule 70 re: Fesgen (former empl) (Entered: 09/06/1990)

Jan. 9, 1989
91

ORDER denying 90 MOTION for Defendant to be found in Contempt for making changes to the Code, not approved by Plaintiff Class Counsel or this Court, filed by Interested Party Dennis M. Blay and David W. Irons.. Signed by Judge John L. Kane on 11/1/06. (Attachments: # 1 Closure - Attachment 1)(dln, )

1 Closure - Attachment 1

View on PACER

Nov. 2, 2006 RECAP

MOTION by plaintiff to enforce compliance under Rule70 (former empl) (Entered: 09/06/1990)

March 6, 1990
94

ORDER denying Joint 93 Motion for Citation of Contempt and Order to Enforce. Clerk of the Court shall mail Mr. Elbert together with a copy of this Order, two copies of the following forms: Prisoner's Motion and Affidavit for Leave to Proceed; Prisoner's Civil Rights Complaint. Signed by Judge John L. Kane on 01/19/07. (Attachments: # 1 Order of Closure)(jjh, )

1 Order of Closure

View on PACER

Jan. 19, 2007 RECAP
1

MINUTE ORDER : by Magistrate Donald E. Abram ...pla's motion for leave to permit Jack Chrisman to pursue his indiv claims in a seperate action is GRANTED (cc: all counsel) (lam) (Entered: 06/27/1990)

June 26, 1990
95

Amended ORDER re: 94 that the Clerk of the Court shall mail to Mr. Toevs together with a copy of this Order, two copies of forms as set forth in this Order. Signed by Judge John L. Kane on 01/19/07. (Attachments: # 1 Order of Closure)(jjh, )

1 Order of Closure

View on PACER

Jan. 19, 2007 RECAP
101

ORDER: Mr. Redmons 97 Motion for Enforcement of Existing Consent Decree, as well as his 96 Motion to Intervene and Challenging the Adequacy of the Representation of Plaintiff Class Counsel, are both DENIED. The clerk of the court shall mail to Mr. Redmon, together with a copy of this Order, two copies of the following forms: Prisoners Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915; Prisoners Civil Rights Complaint, by Judge John L. Kane on 12/18/2009.(wjc, )

Dec. 18, 2009 RECAP
2

LETTER to court from Dalton L. Williams re allegations (lam) (Entered: 07/05/1990)

June 29, 1990
3

COURTROOM MINUTES by Magistrate Donald E. Abram; Hearing on Rule 70 Mtn at Colo Territorial Correctional Facility ; Witnesses; exhibits; Matter taken under advisement (lam) (Entered: 08/29/1990)

Aug. 13, 1990
103

ORDER denying as moot 102 Motion for Ruling on Movant's Prior Motions. Rulings on the movants prior motions were issued in an order dated 12/18/2009, by Judge John L. Kane on 12/22/2009.(wjc, )

Dec. 22, 2009 RECAP
4

COURTROOM MINUTES by Magistrate Donald E. Abram ; Status Conf...csl to provide Magistrate with a proposed closing order by 8/31/90 (lam) (Entered: 08/29/1990)

Aug. 13, 1990
105

ORDER denying 104 Motion for Reconsideration. The Court reiterates the rulings set forth in the 101 Order, denying the request for relief, by Judge John L. Kane on 01/04/2010.(wjc, )

Jan. 4, 2010 RECAP
108

ORDER to Cure Deficiency re 106 Notice of Appeal by Matthew Redmon, by Judge John L. Kane on 01/15/10. Appellant has 30 days to either pay the filing fee or file a proper 1915 motion with district court.(bjrsl, )

Jan. 15, 2010 RECAP
5

STIPULATED filing of proposed order of closure (lam) (Entered: 09/14/1990)

Sept. 12, 1990
113

ORDER denying 110 Mr. Rueb's Motion to Enforce and denying as moot 111 Mr. Rueb's Motion for Order for Court to Mail a Copy of his Rule 71 Motion to class counsel and to order class counsel to respond. Clerk to mail a copy of this order, a copy of Document #101 and 2 copies of Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 and Prisoner's Civil Rights Complaint to Mr. Rueb, by Judge John L. Kane on 1/27/10.(gmssl, )

Jan. 27, 2010 RECAP
6

MAGISTRATE'S RECOMMENDATION that Stipulation be granted and Order of Closure signed by Magistrate Donald E. Abram (cc: all counsel) (lam) (Entered: 09/20/1990)

Sept. 20, 1990
7

MAGISTRATE'S RECOMMENDATION that Carl Fesgen's Rule 70 mtn be granted by Magistrate Donald E. Abram (cc: all counsel) (lam) (Entered: 10/19/1990)

Oct. 19, 1990
122

ORDER to Cure Deficiency re 118 Notice of Appeal by Justin Rueb, by Judge John L. Kane on 02/09/10. Appellant has 30 days to either pay the filing fee or file a proper 1915 motion in district court. (bjrsl, )

Feb. 9, 2010 RECAP
129

ORDER denying 128 Justin Ruebs Motion to Vacate the Courts 1-27-10 Order Denying [his] Fed. R. Civ. P. Rule 71 Motion as Moot and Combined Motion for Replacement of Class Counsel David Miller. Unless and until the Tenth Circuit directs otherwise, this case is and remains CLOSED, and all issues have been resolved to finality. Accordingly, I WILL ENTERTAIN NO FURTHER PRO SE FILINGS in this case, and any documents filed in contravention of this Order will be STRICKEN. By Judge John L. Kane on 03/03/2010.(sah, )

March 3, 2010 RECAP
9

MOTION by plaintiff Terrance Marioneaux, plaintiff Robert Dotson for ext of time to 12/3/90 in which to comply with order of closure (lam) (Entered: 11/01/1990)

Oct. 31, 1990
10

ORDER by Chief Judge Sherman G. Finesilver granting motion for ext of time to 12/3/90 in which to comply with order of closure [9-1]; that prior to 11/27/90 plas' csl shall provide to dfts' csl a list of inmate claims rec'd prior to the date of the court's Order of closure, the parties shall attempt to resolve those claims by negotiation within 45 days thereafter. All claims which remain unresolved at the end of that period will be moved from the prior process and the inmate will be allowed to immediately proceed on his own. That plas shall file their mtn for attys fees and costs no later that 12/3/90. No further exts re [8-2] (cc: all counsel) (lam) (Entered: 11/06/1990)

Nov. 2, 1990
11

MOTION by plaintiff Randy Larsen for order scheduling hearing under Rule 70 FRCP seeking enforcement of the consent decree (lam) (Entered: 11/09/1990)

Nov. 8, 1990
12

MINUTE ORDER : by Magistrate Donald E. Abram re motion for order scheduling hearing under Rule 70 FRCP seeking enforcement of the consent decree [11-1]; pursuant to the order of closure case has been closed. Petitioner is authorized to proceed by filing an original complaint (cc: all counsel) (lam) (Entered: 11/15/1990)

Nov. 14, 1990
13

ORDER by Chief Judge Sherman G. Finesilver ;Adopting MAGISTRATE'S RECOMMENDATION that Carl Fesgen's Rule 70 mtn be granted [7-1]; Mr. Fesgen's record be expunged of the June, 1987 disciplinary violation (cc: all counsel) (lam) (Entered: 11/30/1990)

Nov. 29, 1990
15

MINUTE ORDER : by Chief Judge Sherman G. Finesilver re [14-1], re [14-2]; dfts have up to and including 12/26/90 to respond. No reply brief will be accepted (cc: all counsel) (lam) (Entered: 12/05/1990)

Dec. 5, 1990
16

OBJECTION by defendants to motion for attorney fees [14-1], motion for costs [14-2] (lam) (Entered: 12/26/1990)

Dec. 24, 1990
17

MINUTE ORDER : by Chief Judge Sherman G. Finesilver re [14-1], re [14-2]; both parties are directed to file detailed statements of the travel costs and requested reductions of those costs on or before 1/17/91; pla is directed to respond to dfts' request for disallowance of telephone costs (cc: all counsel) (lam) (Entered: 01/09/1991)

Jan. 4, 1991
18

NOTICE of settlement by plaintiffs, defendants; signed by plas csl (lam) (Entered: 01/17/1991)

Jan. 14, 1991
19

MOTION by plaintiffs, defendants for ext of time until 2/28/91 to respond to court's order of 1/4/91 (lam) (Entered: 01/18/1991)

Jan. 17, 1991
20

MINUTE ORDER : by Chief Judge Sherman G. Finesilver granting motion for ext of time until 2/28/91 to respond to court's order of 1/4/91 [19-1] re [14-1] (cc: all counsel) (lam) (Entered: 01/25/1991)

Jan. 22, 1991
21

Joint NOTICE of Partial Settlement by plaintiffs, defendants (former empl) (Entered: 03/01/1991)

Feb. 28, 1991
22

SUPPLEMENTAL by plaintiff Terrance Marioneaux, plaintiff Robert Dotson re motion for attorney fees [14-1], re motion for costs [14-2] with supporting authorities (former empl) (Entered: 03/01/1991)

Feb. 28, 1991
23

MINUTE ORDER : by Chief Judge Sherman G. Finesilver re [22-1], re [21-1]; dfts are directed to respond to the Supplemental mtn on or before 3/20/91 (cc: all counsel) (lam) (Entered: 03/04/1991)

March 1, 1991
24

RESPONSE to supplemental mtn for attys fees by defendants (lam) (Entered: 03/21/1991)

March 20, 1991
25

MOTION by plaintiff Charles S. Sharrock to enforce compliance with existing consent decree re Steven Sharrock (lam) (Entered: 07/15/1991)

July 15, 1991
26

MINUTE ORDER : by Chief Judge Sherman G. Finesilver re [25-1]; dft are directed to respond on or before 7/30/91 to pla's mtn to enforce compliance with the existing Consent Decree re Steven Sharrock (cc: all counsel) ; entry date : 7/18/91 (lam) (Entered: 07/18/1991)

July 17, 1991
27

RESPONSE by defendant Colorado State Penit, defendant William Wilson, defendant Allen Ault, defendant Albert Urie to minute order of 7/17/91 [26-1] (lam) (Entered: 07/29/1991)

July 29, 1991
28

ORDER by Chief Judge Sherman G. Finesilver denying motion to enforce compliance with existing consent decree re Steven Sharrock [25-1] for lack of jurisdiction (cc: all counsel) ; entry date : 8/12/91 (lam) (Entered: 08/12/1991)

Aug. 9, 1991
30

ORDER returning exhibits/depositions by Chief Judge Sherman G. Finesilver: clerk shall return all exhibits and depositions..if they are not removed w/in 10 days the Clerk may destroy (cc: all counsel) ; entry date : 11/15/91 (lam) (Entered: 11/15/1991)

Nov. 14, 1991
31

NOTICE by Deputy Clerk to University of CO to acknowledge receipt of plas exhibits (lam) (Entered: 11/21/1991)

Nov. 20, 1991
32

RETURN OF EXHIBITS to dfts counsel (lam) (Entered: 12/02/1991)

Dec. 2, 1991
33

MOTION by petitioner Bret Klein for order to show cause why dft should not be held in contempt for failing to adhere to the terms of the Consent Decree (nunc pro tunc 6/1/91) (lam) (Entered: 07/22/1993)

July 22, 1993
34

MINUTE ORDER : by Chief Judge Sherman G. Finesilver; the court is in receipt of petitioner Bret Klein's petition for OSC re [33-1]; dft has to 8/10/93 to respond to mtn (cc: all counsel) ; entry date : 8/3/93 (lam) (Entered: 08/03/1993)

July 30, 1993
35

RESPONSE by defendant Colorado State Penit to petition for order to show cause [33-1] (lam) (Entered: 08/11/1993)

Aug. 10, 1993
36

REPLY by plaintiff Bret S. Klein to response to petition for order to show cause [33-1] (lam) (Entered: 08/17/1993)

Aug. 17, 1993
37

MOTION by plaintiff Terrance Marioneaux, plaintiff Robert Dotson for leave to file (reply) brief on the issues presented to the Court by pla class member Klein's petition for OSC filed 7/22/93 and the response to petition submitted by dft (lam) (Entered: 09/02/1993)

Sept. 1, 1993
38

MINUTE ORDER : by Chief Judge Sherman G. Finesilver granting David Miller's motion for leave to file (reply) brief [37-1]...mtn is granted for ltd purpose of filing brf on issues described in mtn, David Miller has up to and including 9/22/93 to file brf (cc: all counsel) ; entry date : 9/3/93 (former empl) (Entered: 09/03/1993)

Sept. 2, 1993
39

NOTICE of petitioner Bret Klein, Pro Se change of address to #45752 - C.S.P. Unite E2 - P.O. Box 777 Canon City, CO 81215-0777 (lam) (Entered: 09/15/1993)

Sept. 14, 1993
40

BRIEF by plaintiff Bret Klein in support of pla class member's motion for order to show cause filed 7/22/93 [33-1] (lam) (Entered: 09/23/1993)

Sept. 22, 1993
41

MINUTE ORDER : by Chief Judge Sherman G. Finesilver; referring to Magistrate Judge Donald E. Abram the motion for order to show cause [33-1] filed 7/22/93 by pla calss member Bret Klien for purpose of recommendation by 2/1/94 (cc: all counsel) ; entry date : 1/12/94 (lam) (Entered: 01/12/1994)

Jan. 11, 1994
42

MAGISTRATE'S RECOMMENDATION Klein's mtn be denied by Magistrate Judge Donald E. Abram re motion for order to show cause [33-1] (cc: all counsel) ; entry date : 1/14/94 (lam) (Entered: 01/14/1994)

Jan. 14, 1994
44

MOTION by plaintiff Michael N. Milligan for contempt and enforcement FRCP 70 (lam) (Entered: 10/13/1994)

Oct. 13, 1994
45

MINUTE ORDER : by Magistrate Judge Donald E. Abram denying motion for contempt and enforcement FRCP 70 [44-1]; this case has been closed; the pla has a right to file damages claims in the state court (cc: all counsel) ; entry date : 10/21/94 (lam) (Entered: 10/21/1994)

Oct. 18, 1994
46

MOTION by plaintiff Michael N. Milligan for reconsideration Mag Judge's minute order [45-1] (document actually entitled written objections to and appeal of Magistrates Minute Order) (lam) (Entered: 10/31/1994)

Oct. 31, 1994
47

MOTION (Request) by plaintiff Michael N. Milligan for ruling on pla's objs to & appeal of Magistrate's minute order (lam) (Entered: 01/20/1995)

Jan. 19, 1995
48

ORDER by Judge John L. Kane denying motion for contempt and enforcement FRCP 70 [44-1] (cc: all counsel) ; entry date : 10/18/95 (former empl) (Entered: 10/18/1995)

Oct. 17, 1995
49

MOTION by movants McSwain, Alvarez and Jaros for contempt of Marioneaux Consent Decree from enjoining dfts from reclassifying mov for programs placment (former empl) (Entered: 12/16/1996)

Dec. 16, 1996
50

MINUTE ORDER : by Judge John L. Kane, pleadings may only be filed by cnsl of record, thus denying motion for contempt of Marioneaux Consent Decree from enjoining dfts from reclassifying mov for programs placment [49-1] (cc: all counsel) ; entry date : 12/26/96 (former empl) (Entered: 12/26/1996)

Dec. 19, 1996
51

Amended MOTION by Don McSwain, Henry Alvarez, Douglas Jaros for a finding of contempt (former empl) (Entered: 12/30/1996)

Dec. 26, 1996
52

MINUTE ORDER : by Judge John L. Kane striking motion for a finding of contempt [51-1] only cnsl of record may file pleadings (cc: all counsel) ; entry date 12/31/96 (former empl) (Entered: 12/31/1996)

Dec. 30, 1996

MAIL Returned minute order [52-1] [52-1] addressed to Don McSwain (former empl) (Entered: 01/09/1997)

Jan. 9, 1997
53

REQUEST by Barbara Salomon requesting to be removed from the certificate of mailing of this case & advising not an atty of record (lam) (Entered: 01/16/1997)

Jan. 15, 1997
54

MOTION by movants Paul Luna Vasquez, Jeffrey R. Mulberry, and Walter Littlemoon for contempt of ct , and for injunction for violation of consent decree (former empl) (Entered: 01/28/1997)

Jan. 27, 1997
55

MINUTE ORDER : by Judge John L. Kane denying motion for contempt of ct [54-1], denying motion for injunction for violation of consent decree [54-2] (cc: all counsel) ; entry date : 1/28/97 (former empl) (Entered: 01/28/1997)

Jan. 27, 1997

MAIL Returned to atty Jonathon B. Chase, deceased from ACLU minute order [55-1] [55-1] (former empl) (Entered: 02/11/1997)

Feb. 10, 1997
56

MINUTE ORDER : by Judge John L. Kane pleadings in this action must be filed by cnsl (cc: all counsel) ; entry date : 3/3/97 (former empl) (Entered: 03/03/1997)

Feb. 28, 1997
57

Petition (MOTION) by Michael R. Ingram for contempt citation (former empl) (Entered: 02/09/1998)

Feb. 6, 1998
58

MINUTE ORDER by Judge John L. Kane denying motion for contempt citation [57-1]; motions may only be filed by counsel, not individual members of the class (cc: all counsel); entry date: 2/10/98 (former empl) (Entered: 02/10/1998)

Feb. 9, 1998
59

MOTION by Michael R. Ingram for reconsideration of minute order [58-1] (former empl) (Entered: 02/23/1998)

Feb. 20, 1998
60

MINUTE ORDER by Judge John L. Kane denying motion for reconsideration of minute order [58-1] [59-1] (cc: all counsel); entry date: 2/27/98 (former empl) (Entered: 02/27/1998)

Feb. 27, 1998
61

NOTICE OF APPEAL by Michael R. Ingram in re: minute order [58-1] of 2/9/98 ; Notice mailed to all counsel on 3/31/98 Fee Status: $100 fee and $5 fee not paid (gms) (Entered: 03/31/1998)

March 30, 1998
62

ORDER to Cure Deficiency by Judge John L. Kane. Michael Ingram has 30 days to either pay filing fee or file 1915 motion regarding [61-1] appeal (cc: all counsel) ; entry date : 3/31/98 (gms) (Entered: 03/31/1998)

March 31, 1998
63

Case No. 98-1115 assigned by the Court of Appeals. [61-1] (gms) (Entered: 04/02/1998)

April 1, 1998
64

MOTION by Michael R. Ingram for order to hold appeal in abeyance , or for extension in which to respond to order to cure deficiency (gms) (Entered: 05/04/1998)

May 1, 1998
65

MINUTE ORDER : by Judge John L. Kane granting motion for order to hold appeal in abeyance [64-1] or extension in which to respond to order to cure deficiency [64-2] to 6/5/98. regarding [61-1] appeal (cc: all counsel) ; entry date : 5/8/98 (gms) (Entered: 05/08/1998)

May 6, 1998
66

Second MOTION by Michael R. Ingram to extend time to respond to order to cure deficiency (former empl) (Entered: 06/09/1998)

June 8, 1998
67

MINUTE ORDER : by Judge John L. Kane granting motion to extend time to respond to order to cure deficiency [66-1] to 7/8/98 (cc: all counsel) ; entry date : 6/10/98 (former empl) (Entered: 06/10/1998)

June 10, 1998
68

Third MOTION by Michael R. Ingram to extend time to respond to order to cure deficiency (former empl) (Entered: 07/10/1998)

July 10, 1998
69

MINUTE ORDER : by Judge John L. Kane granting pltf's 3rd motion to extend time to respond to order to cure deficiency [68-1] to 8/14/98. regarding [62-1] order, regarding [61-1] appeal (cc: all counsel) ; entry date : 7/15/98 (gms) (Entered: 07/15/1998)

July 13, 1998
71

MINUTE ORDER : by Judge John L. Kane granting motion for extension of time in which to respond to order to cure deficiency to 9/9/98 [70-1] (cc: all counsel) ; entry date : 8/12/98 (gms) (Entered: 08/12/1998)

Aug. 11, 1998
72

Petition (MOTION) by Michael R. Ingram for memo opinion & order concerning the closure of Marioneaux (former empl) (Entered: 08/17/1998)

Aug. 14, 1998
73

ORDER by Judge John L. Kane granting in part, denying in part, the motion for memo opinion & order concerning the closure of Marioneaux [72-1] regarding [8-2] order of closure (cc: all counsel); entry date: 8/24/98 (former empl) (Entered: 08/24/1998)

Aug. 24, 1998
74

LETTER (Re: [61-1] ) to USC advising that appellant has failed to cure deficiency by either paying the filing fee or by filing a 1915 motion. (gms) (Entered: 09/15/1998)

Sept. 15, 1998
75

MOTION by Richard A. Hernandez for order directing dfts to comply w/settlement (former empl) (Entered: 10/19/1998)

Oct. 19, 1998
76

ORDER by Judge John L. Kane denying motion for order directing dfts to comply w/settlement [75-1]; clerk to mail prisoner's 1915 motion & afdt and prisoner's complaint (cc: all counsel); entry date: 10/27/98 (note: forms mailed to Mr. Hernandez 10/27/98) (former empl) (Entered: 10/27/1998)

Oct. 26, 1998
77

MANDATE from the Court of Appeals; CA # 98-1115; Dt issued 11/3/98; dismissing the appeal [61-1] for lack of prosecution. (former empl) (Entered: 11/04/1998)

Nov. 3, 1998
78

STATEMENT by Manuel Depineda *actually titled "Motion for subpoena/contempt order purs to FRCivP Rule 4.1(b)..." (dlb) (Entered: 12/08/2003)

Nov. 24, 2003
79

STATEMENT by Robert M. Wisthoff *actually titled "Motion for subpoena/contempt of court orders..." (dlb) (Entered: 12/08/2003)

Dec. 8, 2003

Tendered Prisoner Complaint submitted by Orley Kim Brock (dlb) (Entered: 12/10/2003)

Dec. 9, 2003
80

ORDER by Judge John L. Kane regarding [79-1] statement filed by Robert M. Wisthoff (cc: all counsel) ; entry date : 12/19/03 (dlb) (Entered: 12/19/2003)

Dec. 18, 2003
81

ORDER by Judge John L. Kane regarding [78-1] statement filed by Manuel S. DePineda (cc: all counsel) ; entry date : 12/19/03 (dlb) (Entered: 12/19/2003)

Dec. 18, 2003
82

MOTION by Steven McCary for order re: enjoins himself and for subpoena/contempt (dlb) (Entered: 01/05/2004)

Jan. 2, 2004
83

ORDER by Judge John L. Kane denying motion for order re: enjoins himself and for subpoena/contempt [82-1] (cc: all counsel) ; entry date : 1/8/04 (dlb) (Entered: 01/08/2004)

Jan. 7, 2004
84

MOTION by unknown Michael Bath for order to enjoin himself for Subponea/contempt (dlb) (Entered: 01/15/2004)

Jan. 14, 2004
86

MOTION by Lonnie D. Scaggs for order enjoining Motion: subpoena/contempt (dlb) (Entered: 03/23/2004)

March 22, 2004
87

MOTION by Matthew Elbert for order enjoining in Motion for subpoena/contempt (dlb) (Entered: 03/24/2004)

March 23, 2004
88

ORDER by Judge John L. Kane denying Mr. Elbert's motion for order enjoining in Motion for subpoena/contempt [87-1] (cc: all counsel) ; entry date : 4/2/04 (dlb) (Entered: 04/02/2004)

April 1, 2004
89

ORDER by Judge John L. Kane denying motion for order enjoining Motion: subpoena/contempt [86-1] (cc: all counsel) ; entry date : 4/2/04 (dlb) (Entered: 04/02/2004)

April 1, 2004
90

MOTION for Defendant to be found in Contempt for making changes to the Code, not approved by Plaintiff Class Counsel or this Court, filed by Interested Party Dennis M. Blay and David W. Irons. (Attachments: # 1 Envelope)(pap, ) (Entered: 10/27/2006)

Oct. 26, 2006
92

Supplemental CERTIFICATE of Mailing by Clerk of Court re 91 ORDER. (dln, ) (Entered: 11/02/2006)

Nov. 2, 2006

State / Territory: Colorado

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Oct. 12, 1978

Closing Date: 1991

Case Ongoing: No

Plaintiffs

Plaintiff Description:

prisoners at the Colorado State Penitentiary

Public Interest Lawyer: Unknown

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Colorado Department of Corrections, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

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: 1979 - 1991

Issues

General:

Administrative segregation

Classification / placement

Disciplinary procedures

Disciplinary segregation

Type of Facility:

Government-run