Case: Duran v. Martinez

1:77-cv-00721 | U.S. District Court for the District of New Mexico

Filed Date: Nov. 15, 1977

Case Ongoing

Clearinghouse coding complete

Case Summary

On 11/15/1977, prisoners of the Penitentiary of New Mexico, represented by the National Prison Project of the American Civil Liberties Union, filed a Section 1983 class action suit in the District of New Mexico against the Governor of New Mexico and officials of the New Mexico Department of Corrections. In the first amended complaint, the plaintiffs alleged that "the totality of the overcrowding and other conditions at PNM fall beneath standards of human decency, inflict needless suffering on p…

On 11/15/1977, prisoners of the Penitentiary of New Mexico, represented by the National Prison Project of the American Civil Liberties Union, filed a Section 1983 class action suit in the District of New Mexico against the Governor of New Mexico and officials of the New Mexico Department of Corrections. In the first amended complaint, the plaintiffs alleged that "the totality of the overcrowding and other conditions at PNM fall beneath standards of human decency, inflict needless suffering on prisoners and create an environment which threatens prisoners' mental and physical well-being, and results in the physical and mental deterioration and debilitation of the persons confined therein which is both unnecessary and penologically unjustifiable." The case was assigned to Judge Juan G. Burciaga.

In 1979, the parties reached a settlement agreement–sometimes known as the Duran Consent Decree–which was adopted by the court. The original plaintiff was released and began a life as an advocate for prisoners. In February 1980, 12 days after the plaintiff was released, a massive prison riot broke out and the decree was modified. The modified decree focused on fourteen issues: correspondence, attorney visitation, food services, legal access, visitation, classification, living conditions, activity, medical care, mental health care, staffing and training, administrative segregation, discipline, and pre-hearing detention/disciplinary segregation. As part of the decree a special master was required to file a report every six months evaluating defendants' compliance.

There was periodic litigation throughout the 1980s regarding the implementation of the consent order. In 1986, the plaintiffs successfully sought a preliminary injunction to halt prison staff layoffs with respect to medical care, mental health care and security. Duran v. Anaya, 642 F. Supp. 510 (D.N.M. 1986).

In 1988, prison officials moved to vacate portions of the consent decree. Judge Burciaga denied the motion to vacate, holding that by presenting to the court an agreed remedial order, state officials waived their their ability to object to the full scope of equitable remedies. Duran v. Carruthers, 678 F. Supp. 839 (D.N.M. 1988). The defendants appealed. The Tenth Circuit (Judge McWilliams) affirmed the lower court decision, holding that the Eleventh Amendment did not bar the consent decree, even if some of the relief could not have been granted by the court under the Eleventh Amendment had the case gone to trial. Duran v. Carruthers, 885 F.2d 1485 (10th Cir. 1989).

Following renewed litigation, the parties agreed to a new settlement agreement in June 1991. The settlement agreement established new restrictions on overcrowding and modified provisions of the existing injunctive decree. The settlement agreement also established a timetable for monitoring and reporting by a special master. The monitoring process continued through the mid-1990's with Vincent M. Nathan and W. David Arnold acting as special masters.

In December 1994, the plaintiffs sought contempt sanctions and further remedial orders; the parties settled the enforcement dispute in March 1995, with additional stipulated relief. But in January 1996, New Mexico began to move prisoners to Texas. The plaintiffs argued that this violated the prior agreements, and the court granted a temporary restraining order enjoining the transfer. In March of that year, the parties agreed that the transfer of 350 medium security prisoners could go forward if the Texas facilities satisfied certain minimal standards, set out in the stipulation. The parties amended the agreement in August 1997.

During late 1996 or early 1997, Governor Gary Johnson vetoed a bill that would have set up a commission to oversee prison releases to deal with overcrowding at state prisons. At that point, the plaintiffs sought a population cap for the New Mexico Penitentiary, and Chief Judge Conway agreed to convene a three-judge district court to consider the request, pursuant to the Prison Litigation Reform Act (which limits such orders to narrow circumstances and requires they be considered by a specially convened three-judge panel). The panel met in March 1997 and scheduled an evidentiary hearing for September 1997. With that as the deadline, the parties reached an interim settlement, designed to reduce population by measures including increased use of diversion by drug courts and allowing prisoners to regain lost good time under certain circumstances. The agreement was filed in August 1997; it put off any additional hearing on overcrowding for a few months. It seems that even though the agreement included population caps, the state agreed not to challenge them until April 1998.

Later in 1997, the parties agreed to a termination plan that provided "definitive, specific, and measurable tasks to be accomplished in order to achieve substantial compliance." The termination plan required the administration of check out audits by a special monitor and self-monitoring in all areas except for medical care. The termination plan also established December 1998 as a deadline for substantial compliance with the agreement. Following a finding of substantial compliance all orders were to be vacated.

The docket for this case only contains two entries from 1998 and 1999 regarding objections by defendants to a final report on mental health.

On December 9, 2015, a prisoner not listed in the original action filed a motion for an emergency injunction, contempt, and a request for counsel. The case was then reassigned to District Judge Kenneth J. Gonzales and Magistrate Judge Gregory B. Wormuth as the trial and pretrial judges. A few days later the case was reassigned to Magistrate Judge Kirtan Khalsa. On February 19, 2016, Judge Khalsa denied the plaintiff's motion for counsel and mailed a copy of the court's "Guide for Pro Se Litigants." Three days later the motion was refiled by the original class action plaintiffs.

The parties had settlement conferences before Chief Magistrate Judge Karen B. Molzen on May 27, 2016, and August 5, 2016, to resolve the issues raised in the plaintiffs' motion for emergency relief. At the second conference, they reached an agreement, and on August 31, 2016, the court granted the parties’ joint motion for approval of settlement agreement. The defendants agreed that any time they needed to put two occupants in a single cell, they would notify the court and plaintiffs' counsel 10 days prior. They agreed to meet and confer in order to take good faith efforts to avoid "double-celling" prisoners. The defendants also agreed to review and restore the good-time credits (credits prisoners receive for good behavior) prisoners lost for actions committed as a result of being doubled up in a single cell; the plaintiffs' counsel would review these determinations. The court retained jurisdiction over the interpretation and enforcement of this settlement agreement.

On October 31, 2016, another prisoner filed a motion for emergency relief and a motion to appoint counsel. On December 7, 2016, the court denied both motions. That same month, two plaintiffs filed separate motions for enforcement of the consent decree, and on January 4, 2017, the court again denied both of these motions.

On January 20, 2017, the plaintiffs moved for the court to enforce the settlement agreement reached between the parties specifically regarding defendants’ payment of attorneys’ fees and litigation expenses related to counsel’s work on the 2016 motion for emergency relief. The plaintiffs asked for $29,838.01 in attorneys’ fees. On March 17, 2017, Judge Gonzales granted in part and denied in part this motion. Specifically, the court found that the plaintiffs were entitled to an award of reasonable attorneys’ fees but noted that the amount requested was not reasonable.

On July 5, 2017, the plaintiffs moved for declaratory and injunctive relief, seeking an order from the court declaring that the defendants had violated the settlement agreement and enjoining them to comply with the agreement. In May 2018, the plaintiffs brought two additional motions for declaratory, injunctive, and remedial relief.

While these motions were pending, the parties engaged in settlement negotiations throughout 2018 and into 2019. The parties filed a joint motion to approve an amended settlement agreement on August 21, 2020. The settlement set new occupancy limits, required renewed efforts to reduce understaffing, and awarded good time relief. Many class members filed objections to the proposed amended agreement, which they claimed relaxed occupancy targets that were in place under the prior settlement and provided inadequate relief, and also filed motions to stay and terminate the fairness hearings. The hearings continued despite these objections, and the court issued a final approval of the amended agreement on February 14, 2020. The revised settlement would terminate after the defendants established they were in substantial compliance with its terms for six months. In light of the new agreement, the order also denied as moot the pending motions for declaratory judgment and miscellaneous relief.

Many class members responded to the approval of the amended settlement agreement with objections. On March 6 and 11, 2020, two class members filed appeals in response to motion to approve the settlement. As of April 10, 2020, the case is ongoing.

Summary Authors

Kristen Sagar (8/7/2007)

Abigail DeHart (11/6/2016)

Jake Parker (7/23/2018)

Alex Moody (4/10/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4620693/parties/duran-v-grisham/


Judge(s)

Burciaga, Juan Guerrero (New Mexico)

Campos, Santiago E. (New Mexico)

Conway, John Edwards (New Mexico)

Ebel, David M. (Colorado)

Khalsa, Kirtan K (New Mexico)

McWilliams, Robert Hugh Jr. (Colorado)

Seymour, Stephanie Kulp (Oklahoma)

Attorneys(s) for Plaintiff

Alexander, Elizabeth R. (District of Columbia)

Bailey, Rothstein (New Mexico)

Bronstein, Alvin J. (District of Columbia)

Judge(s)

Burciaga, Juan Guerrero (New Mexico)

Campos, Santiago E. (New Mexico)

Conway, John Edwards (New Mexico)

Ebel, David M. (Colorado)

Khalsa, Kirtan K (New Mexico)

McWilliams, Robert Hugh Jr. (Colorado)

Seymour, Stephanie Kulp (Oklahoma)

Attorneys(s) for Plaintiff

Alexander, Elizabeth R. (District of Columbia)

Bailey, Rothstein (New Mexico)

Bronstein, Alvin J. (District of Columbia)

Cubra, Peter (New Mexico)

Davis, Philip B. (New Mexico)

Deaton, William W. Jr. (New Mexico)

Donatelli, Mark H. (New Mexico)

Fathi, David Cyrus (District of Columbia)

Gonzales, Dan (New Mexico)

Kitts, W. F. (New Mexico)

Knowles, Ralph I. Jr. (Georgia)

Loewe, Katherine (New Mexico)

Lopez, Mark J. (District of Columbia)

Macy, Edwin (New Mexico)

Twohig, R. Raymond Jr. (New Mexico)

Winterbottom, Richard A. (New Mexico)

Attorneys(s) for Defendant

Amada, M. Victoria (New Mexico)

Becker, Robert W. (New Mexico)

Bieg, James (New Mexico)

Bienvenu, Reed C. (New Mexico)

Biernoff, Ari (New Mexico)

Bigelow, John (New Mexico)

Bohnhoff, Henry M. (New Mexico)

Booms, Robert Tabor (New Mexico)

Branch, Rebecca C. (New Mexico)

Byers, Frederick (Ohio)

Childress, Randall W. (New Mexico)

Cohen, Saul (New Mexico)

Cohn, Bennett S. (New Mexico)

Garcia, Matthew L. (New Mexico)

Hoffman, Robyn B. (New Mexico)

Kaser, Martha J. (New Mexico)

Kelly, Martha A. (New Mexico)

Klein, Joel I. (District of Columbia)

Mederios, Anthony F. (New Mexico)

Nathan, Vincent M. (Ohio)

Ney, Steven (Maryland)

Peifer, Charles R. (New Mexico)

Roybal, Randall D. (New Mexico)

Ryanczak, Regina (New Mexico)

Saavedra, Jennifer (New Mexico)

Smith, Paul M. (District of Columbia)

Stratton, Hal (New Mexico)

Swanson, Mark F. (New Mexico)

Thayer, Norman S. (New Mexico)

Udall, Tom (New Mexico)

W., David Arnold (Ohio)

Williams, Timothy J. (New Mexico)

Wilson, Stephany S. (New Mexico)

Other Attorney(s)

Eikenberry, Kenneth O. (Washington)

Farley, Paul (Colorado)

Frohnmayer, David B. (Oregon)

Meyer, Joseph B. (Wyoming)

Michaels, Steven S. (Hawaii)

Price, Warren III (Hawaii)

Stephan, Robert T. (Kansas)

Wilkinson, David L. (Utah)

Expert/Monitor/Master

Serafimova, Olga (New Mexico)

Documents in the Clearinghouse

Document

Docket [PACER]

May 7, 2020 Docket
17

First Amended Complaint

Duran v. Apodaca

July 6, 1978 Complaint
54

Order

Duran v. Apodaca

April 18, 1979 Order/Opinion

Consent Decree (Agreement; Joint Request; Order)

Duran v. Apodaca

April 18, 1979 Settlement Agreement
64

Order

Duran v. Apodaca

Aug. 21, 1979 Order/Opinion

Order

Duran v. Apodaca

Dec. 7, 1979 Order/Opinion
80

Joint Request for Partial Consent Decree

Duran v. Apodaca

Dec. 7, 1979 Pleading / Motion / Brief

Agreement

Duran v. Apodaca

July 14, 1980 Settlement Agreement
101

Order

Duran v. Apodaca

July 14, 1980 Order/Opinion

Agreement

Duran v. Anaya

June 1, 1983 Settlement Agreement

Resources

Title Description External URL

The Duran Consent Decree: Analysis of Judicial Intervention on the State of New Mexico

Judith Ann Driscoll

Jan. 1, 1999 None

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4620693/duran-v-grisham/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

Complaint

Nov. 15, 1977 RECAP
2

Notice (Other)

Nov. 15, 1977 PACER
3

Notice (Other)

Nov. 15, 1977 PACER
4

Notice (Other)

Nov. 15, 1977 PACER
5

Notice (Other)

Nov. 15, 1977 PACER
6

Notice (Other)

Dec. 6, 1977 PACER
7

Notice (Other)

Dec. 6, 1977 PACER
8

Notice (Other)

Dec. 6, 1977 PACER
9

Notice (Other)

Dec. 6, 1977 PACER
10

Answer Brief

Dec. 27, 1977 PACER
11

Memorandum in Support

Dec. 27, 1977 PACER
12

Notice (Other)

Jan. 11, 1978 PACER
13

Notice (Other)

Jan. 11, 1978 PACER
14

Notice (Other)

Jan. 11, 1978 PACER
15

Notice (Other)

Feb. 10, 1978 PACER
16

Notice (Other)

May 17, 1978 PACER
17

Amended Complaint

July 6, 1978 PACER
18

Notice (Other)

July 24, 1978 PACER
19

Notice (Other)

July 26, 1978 PACER
20

Answer Brief

Aug. 3, 1978 PACER
21

Memorandum in Support

Aug. 3, 1978 PACER
22

Certificate of Service

Aug. 3, 1978 PACER
23

Jury Demand

Aug. 7, 1978 PACER
24

Memorandum in Opposition

Aug. 17, 1978 PACER
25

Memorandum in Support

Aug. 28, 1978 PACER
26

Stipulation

Aug. 31, 1978 PACER
27

Notice (Other)

Aug. 31, 1978 PACER
28

Motion to Extend (other)

Sept. 28, 1978 PACER
29

Notice (Other)

Sept. 28, 1978 PACER
30

Notice (Other)

Sept. 28, 1978 PACER
31

Notice (Other)

Sept. 28, 1978 PACER
32

Certificate of Service

Oct. 2, 1978 PACER
33

Notice (Other)

Oct. 11, 1978 PACER
34

Notice (Other)

Oct. 11, 1978 PACER
35

Brief

Oct. 16, 1978 PACER
36

Brief

1 Supplement

View on PACER

Oct. 16, 1978 PACER
37

Notice (Other)

Oct. 18, 1978 PACER
2879

Notice (Other)

Oct. 18, 1978 PACER
38

Notice (Other)

Oct. 23, 1978 PACER
39

Certificate of Service

Oct. 27, 1978 PACER
40

Notice (Other)

Nov. 1, 1978 PACER
41

Notice (Other)

Nov. 7, 1978 PACER
42

Affidavit

Nov. 16, 1978 PACER
43

Notice (Other)

Nov. 22, 1978 PACER
44

Notice (Other)

Nov. 28, 1978 PACER
45

Brief

Dec. 22, 1978 PACER
46

Brief

Dec. 26, 1978 PACER
47

Notice (Other)

Dec. 26, 1978 PACER
48

Brief

Jan. 5, 1979 PACER
49

Notice (Other)

Jan. 8, 1979 PACER
50

Notice (Other)

Feb. 12, 1979 PACER
51

Notice (Other)

March 2, 1979 PACER
52

Notice (Other)

March 23, 1979 PACER
53

Notice (Other)

April 18, 1979 PACER
54

Notice (Other)

April 18, 1979 PACER
55

Notice (Other)

May 3, 1979 PACER
56

Response

May 23, 1979 PACER
58

Notice (Other)

May 30, 1979 PACER
59

Notice (Other)

July 16, 1979 PACER
60

Notice (Other)

July 22, 1979 PACER
61

Notice (Other)

Aug. 2, 1979 PACER
62

Notice (Other)

Aug. 17, 1979 PACER
63

Notice (Other)

Aug. 21, 1979 PACER
64

Notice (Other)

Aug. 21, 1979 PACER
65

Notice (Other)

Aug. 29, 1979 PACER
66

Notice (Other)

Aug. 29, 1979 PACER
76

Brief

Aug. 30, 1979 PACER
69

Notice (Other)

Sept. 17, 1979 PACER
70

Notice (Other)

Sept. 20, 1979 PACER
72

Notice (Other)

Sept. 27, 1979 PACER
73

Notice (Other)

Sept. 27, 1979 PACER
74

Notice (Other)

Oct. 2, 1979 PACER
75

Notice (Other)

Oct. 11, 1979 PACER
79

Notice (Other)

Nov. 23, 1979 PACER
77

Notice (Other)

Nov. 27, 1979 PACER
78

Notice (Other)

Nov. 28, 1979 PACER
80

Notice (Other)

Dec. 7, 1979 PACER
81

Notice (Other)

Dec. 7, 1979 PACER
82

Notice (Other)

Dec. 7, 1979 PACER
83

Notice (Other)

Dec. 7, 1979 PACER
84

Notice (Other)

Dec. 7, 1979 PACER
85

Notice (Other)

Dec. 7, 1979 PACER
86

Notice (Other)

Dec. 7, 1979 PACER
87

Notice (Other)

Dec. 26, 1979 PACER
88

Notice (Other)

Jan. 16, 1980 PACER
89

Notice (Other)

Jan. 17, 1980 PACER
90

Response

Jan. 30, 1980 PACER
91

Notice (Other)

Feb. 8, 1980 PACER
92

Notice (Other)

April 15, 1980 PACER
93

Affidavit

April 15, 1980 PACER
94

Notice (Other)

May 9, 1980 PACER
95

Notice (Other)

May 28, 1980 PACER
96

Notice (Other)

June 17, 1980 PACER
97

Notice (Other)

June 27, 1980 PACER
98

Notice (Other)

June 27, 1980 PACER
99

Notice (Other)

July 8, 1980 PACER
100

Certificate of Service

July 15, 1980 PACER
101

Notice (Other)

July 15, 1980 PACER
102

Notice (Other)

July 15, 1980 PACER
103

Notice (Other)

July 17, 1980 PACER

State / Territory: New Mexico

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Nov. 15, 1977

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Inmates of the Penitentiary of New Mexico

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

ACLU National Prison Project

Public Interest Lawyer: Yes

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State Correctional Facilities (Santa Fe), State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Equal Protection

Freedom of speech/association

Availably Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1979 - None

Content of Injunction:

Preliminary relief granted

Issues

General:

Access to lawyers or judicial system

Administrative segregation

Assault/abuse by residents/inmates/students

Classification / placement

Disciplinary procedures

Disciplinary segregation

Food service / nutrition / hydration

Library (non-law) access

Mail

Recreation / Exercise

Sanitation / living conditions

Staff (number, training, qualifications, wages)

Totality of conditions

Visiting

Crowding:

Crowding / caseload

Post-PLRA Population Cap

Affected Gender:

Male

Type of Facility:

Government-run