Case: Sandoval v. Lopez

1:02-cv-00170 | U.S. District Court for the District of New Mexico

Filed Date: Feb. 12, 2002

Closed Date: 2005

Clearinghouse coding complete

Case Summary

On Feb. 12, 2002, plaintiff Anthony J. Sandoval, a prisoner at New Mexico State Penitentiary in Santa Fe, filed a Section 1983 suit, pro se, in the District of New Mexico against officials of the New Mexico Department of Corrections. Plaintiff alleged that defendants used excessive force in violation of his Eighth Amendment rights. In October 2002, plaintiffs in a related class action suit, Ayers v. Perry (PC-NM-003), sought to consolidate the two cases arguing that both lawsuits "involve con…

On Feb. 12, 2002, plaintiff Anthony J. Sandoval, a prisoner at New Mexico State Penitentiary in Santa Fe, filed a Section 1983 suit, pro se, in the District of New Mexico against officials of the New Mexico Department of Corrections. Plaintiff alleged that defendants used excessive force in violation of his Eighth Amendment rights.

In October 2002, plaintiffs in a related class action suit, Ayers v. Perry (PC-NM-003), sought to consolidate the two cases arguing that both lawsuits "involve constitutional challenges to the conditions of extreme sensory deprivation and social isolation in the [Special Control Facilities] operated by the [Department of Corrections]." In December 2002, Magistrate Judge Lorenzo F. Garcia granted plaintiffs' motion to consolidate the two cases.

In June 2003, the District Court (Judge Bruce D. Black) granted plaintiffs' unopposed motion for dismissal with prejudice. The order for dismissal references an agreement between the parties that resolves all of the plaintiffs' claims originating from the Ayers v. Perry case, but didn't resolve the claims made in Sandoval v. Lopez.

Litigation regarding plaintiff Sandoval's claims continued throughout 2003 and into 2004. In September 2004, the parties reached a tentative settlement, however, the terms of the settlement were not made available through the Court's electronic filing system. In January 2005, the Judge Browning ordered the case dismissed.

Summary Authors

Eoghan Keenan (7/11/2005)

Related Cases

Ayers v. Perry, District of New Mexico (2002)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5152621/parties/sandoval-v-lopez/


Documents in the Clearinghouse

Documents in this case

1:02-cv-00170

Docket (PACER)

Jan. 14, 2005

Jan. 14, 2005

Docket
17

1:02-cv-00170

Plaintiff's Memorandum of Law in Support of Motion for Leave to File Amended Complaint Adding Other Defendants and Plaintiffs and Class Allegations, and Seeking Remedial Orders and Other Relief

Dec. 20, 2002

Dec. 20, 2002

Pleading / Motion / Brief
23

1:02-cv-00170

1:02-cv-01438

Memorandum Opinion and Order

March 12, 2003

March 12, 2003

Order/Opinion
33

1:02-cv-00170

Initial Pretrial Report

July 7, 2004

July 7, 2004

Pleading / Motion / Brief
53

1:02-cv-00170

Stipulation of Dismissal of All Claims Against Defendants with Prejudice

Jan. 14, 2005

Jan. 14, 2005

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5152621/sandoval-v-lopez/

Last updated Oct. 29, 2026, 2:12 p.m.

Docket for: Sandoval v. Lopez
ECF Number Date Description Link
1 Feb. 12, 2002

CIVIL RIGHTS COMPLAINT (referred to Magistrate Judge Lorenzo F. Garcia) (ln) (Entered: 02/12/2002)

RECAP
2 Feb. 12, 2002

MOTION and Affidavit w/attached financial certificate and inmate account information by pltf Anthony Sandoval to proceed in forma pauperis (ln) (Entered: 02/12/2002)

RECAP
3 Feb. 13, 2002

ORDER by Magistrate Judge Lorenzo F. Garcia granting pltf's motion to proceed in forma pauperis [2-1] pltf shall pay an initial partial filing fee of $18.00 within 30 days from entry of this order (cure defects by: 03/15/02) (cc: all counsel) (ln) (Entered: 02/13/2002)

RECAP
4 Feb. 28, 2002

ORDER by District Judge Martha Vazquez referring case to Magistrate Judge Garcia (cc: all counsel) (msm) (Entered: 02/28/2002)

RECAP
5 March 4, 2002

APPENDIX of Exhibits filed by pltf Anthony Sandoval re: his civil rights complaint [1-1] (ild) (Entered: 03/06/2002)

RECAP
March 5, 2002

FILING FEE PAID: on 3/5/02 in the amount of $150.00, receipt #: 101 44240. (ild)

6 April 1, 2002

MINUTE ORDER: issued summoness upon: Lopez, Koeppe, Mares and NM Correctional Department (CLERK: lmn) (cc: all counsel) (ln) (Entered: 04/01/2002)

RECAP
April 1, 2002

SUMMONSES issued as to defts James Lopez, Peter Koeppe, Phillip Mares and NM Correctional Department and mailed 04/01/02 (ln)

7 April 3, 2002

RETURN OF SERVICE (domestic return receipt) executed upon respondent NM Correctional Facility on 4/2/02 (ln) (Entered: 04/03/2002)

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8 April 11, 2002

WAIVER OF SERVICE upon deft James Lopez on 4/3/02 (ln) (Entered: 04/11/2002)

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9 April 11, 2002

WAIVER OF SERVICE upon deft Phillip Mares on 4/9/02 (ln) (Entered: 04/11/2002)

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10 May 17, 2002

WAIVER OF SERVICE upon deft Peter Koeppe on 5/9/02 (ln) (Entered: 05/17/2002)

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11 May 31, 2002

ANSWER by defendants [1-1] (mjr) (Entered: 06/03/2002)

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12 Aug. 29, 2002

ORDER by Magistrate Judge Lorenzo F. Garcia that defts will submit a Martinez Report by 10/30/02; pltf will have 30 days from date of service to respond (cc: all counsel*) (ln) (Entered: 08/30/2002)

RECAP
13 Oct. 30, 2002

MARTINEZ REPORT by defts (ln) (Entered: 11/01/2002)

RECAP
14 Nov. 8, 2002

NOTICE by pltf Anthony Sandoval of change of address (ln) (Entered: 11/08/2002)

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15 Nov. 19, 2002

REQUEST (special entry of appearance) by pltf Anthony Sandoval for production of medical records (ln) (Entered: 11/19/2002)

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16 Dec. 20, 2002

MOTION by pltf for leave to file an amended complaint (mjr) (Entered: 12/23/2002)

RECAP
17 Dec. 20, 2002

MEMORANDUM by pltf in support of motion for leave to file an amended complaint [16-1] (mjr) (Entered: 12/23/2002)

RECAP
18 Dec. 20, 2002

MOTION by pltf to consolidate case CIV 02-1438 BB/WWD with CIV 02-170 MV/LFG (mjr) (Entered: 12/23/2002)

RECAP
19 Dec. 20, 2002

MEMORANDUM by pltf in support of motion to consolidate case CIV 02-1438 BB/WWD with CIV 02-170 MV/LFG [18-1] (mjr) (Entered: 12/23/2002)

RECAP
20 Jan. 16, 2003

UNOPPOSED MOTION by defts to extend response date to pltf's motions to amend complaint and to consolidate until 03/01/03 (ln) (Entered: 01/17/2003)

RECAP
21 Jan. 21, 2003

ORDER by Magistrate Judge Lorenzo F. Garcia granting defts' motion to extend response date to pltf's motions to amend complaint and to consolidate until 03/01/03 [20-1] (cc: counsel) (ln) (Entered: 01/21/2003)

RECAP
22 March 4, 2003

SECOND UNOPPOSED MOTION by defts to extend response date to pltf's motions to amend complaint and to consolidate until 04/01/03 (ln) (Entered: 03/06/2003)

RECAP
23 March 12, 2003

ORDER by Chief Magistrate Lorenzo F. Garcia granting motion to extend response date to pltf's motions to amend complaint and to consolidate until 04/01/03 [22-1] (cc: counsel) (ln) (Entered: 03/12/2003)

RECAP
24 March 18, 2003

MEMORANDUM, OPINION, AND ORDER: by Chief Magistrate Lorenzo F. Garcia granting motion to consolidate case CIV 02-1438 (lead case) with CIV 02-170 [18-1] Case reassigned to District Judge Bruce D. Black, Case referred to Magistrate Judge W. D. Schneider (cc: all counsel*) (ln) Modified on 03/19/2003 (Entered: 03/19/2003)

RECAP
25 June 20, 2003

ORDER by District Judge Bruce D. Black dismissing cause CIV-02-1438 BB/WDS w/prejudice, does not effect the claims made in CIV-02-170 (cc: all counsel) (bap) (Entered: 06/25/2003)

RECAP
26 Aug. 20, 2003

MINUTE ORDER: Case reassigned from District Judge Bruce D. Black to District Judge James O. Browning (cc: all counsel*) (ln) Modified on 08/26/2003 (Entered: 08/20/2003)

RECAP
27 March 29, 2004

UNOPPOSED MOTION by pltf to stay proceedings for ninety (90) days beginning 4/1/04 (mjr) (Entered: 03/29/2004)

RECAP
28 April 1, 2004

ORDER by District Judge James O. Browning provisional discovery plan and IPTR due by 07/01/04; Rule 16 scheduling conference on 07/02/04 at 9:00 a.m. in Albuquerque, New Mexico (cc: all counsel*) (ln) (Entered: 04/01/2004)

RECAP
29 April 1, 2004

ORDER by District Judge James O. Browning granting pltf's motion to stay proceedings until 06/30/04; the parties shall file a status report by 07/01/04; the court will hold an ICS on 07/02/04 at 9:00 a.m. in Albuquerque, New Mexico [27-1] (cc: all counsel) (ln) (Entered: 04/01/2004)

RECAP
30 April 9, 2004

AMENDED INITIAL SCHEDULING ORDER by District Judge James O. Browning Rule 16 scheduling conference set for 7/2/04 at 9:00 am; provisional discovery plan & IPTR due 7/1/04 (cc: all counsel*) (vv) (Entered: 04/09/2004)

RECAP
31 April 26, 2004

NOTICE by pltf Anthony Sandoval of change of address (ln) (Entered: 04/26/2004)

RECAP
32 July 2, 2004

CLERK'S MINUTES: before District Judge James O. Browning Rule 16 scheduling conference held C/R: Danna Everett(*) (ln) Modified on 07/02/2004 (Entered: 07/02/2004)

RECAP
33 July 7, 2004

INITIAL PRE-TRIAL REPORT by District Judge James O. Browning; Discovery set for 12/29/04; mtn filing ddl set for 1/28/05; proposed pretrial order due 3/29/05; pretrial conference set for 9:00 am on 3/30/05; non-jury trial set for 9:00 am on 4/11/05 ; Estimated # of Trial Days: 3; Chances of Settlement: Fair (cc: all counsel) (ln) (Entered: 07/07/2004)

RECAP
34 July 12, 2004

ORDER by Magistrate Judge W. D. Schneider setting settlement conference for 08/03/04 at 1:30 p.m. in Albuquerque, New Mexico (cc: all counsel) (ln) (Entered: 07/12/2004)

RECAP
35 July 14, 2004

MOTION by pltf for order directing case be tried by a jury (td) (Entered: 07/14/2004)

RECAP
36 July 20, 2004

ENTRY OF APPEARANCE for defts by attorney Stephen French (ln) (Entered: 07/21/2004)

RECAP
39 July 23, 2004

UNOPPOSED MOTION by deft NM Corrections Department to withdraw Charles D'Angelo as attorney (ln) Modified on 07/27/2004 (Entered: 07/27/2004)

RECAP
37 July 26, 2004

ORDER by Magistrate Judge W. D. Schneider re [34-1] vacating settlement conference 08/03/04 and reset for 09/27/04 at 1:30 pm in Albuquerque, New Mexico (cc: all counsel*) (ln) (Entered: 07/26/2004)

RECAP
38 July 26, 2004

MEMORANDUM by defts in opposition to pltf's motion for jury trial [35-1] (ln) (Entered: 07/26/2004)

RECAP
40 July 28, 2004

ORDER by District Judge James O. Browning granting defts' unopposed motion to withdraw attorney Charles D'Angelo [39-1] (cc: all counsel) (jrm) (Entered: 07/28/2004)

RECAP
41 Aug. 13, 2004

REPLY by pltf to mtn for order directing case be tried by a jury [35-1] (td) (Entered: 08/16/2004)

RECAP
42 Aug. 13, 2004

NOTICE by pltf of completion of briefing re mtn for jury trial [35-1] (td) (Entered: 08/16/2004)

RECAP
43 Sept. 17, 2004

MOTION by defts for summary judgment: failure to exhaust administrative remedies as to all claims asserted in complaint (ln) (Entered: 09/20/2004)

RECAP
44 Sept. 22, 2004

ORDER TO TRANSPORT by Magistrate Judge W. D. Schneider re pltf to appear at settlement conference on 09/27/04 at 1:30 pm in Albuquerque, New Mexico (cc: all counsel) (ln) (Entered: 09/22/2004)

RECAP
45 Sept. 27, 2004

ORDER by Magistrate Judge W. D. Schneider vacating order to transport [44-1] (cc: all counsel) (ln) (Entered: 09/27/2004)

RECAP
47 Sept. 27, 2004

SETTLEMENT CONFERENCE held before Magistrate Judge W. Daniel Schneider, tentative settlement reached and should have final answer by 10/01/04 (ln) (Entered: 10/01/2004)

RECAP
46 Sept. 28, 2004

NOTICE of hearing on motion for order directing case be tried by a jury [35-1] at 10:00 a.m. on 10/19/04 in Albuquerque, New Mexico (cc: all counsel*) (ln) (Entered: 09/28/2004)

RECAP
48 Oct. 14, 2004

NOTICE of hearing on motion for order directing case be tried by a jury [35-1] on 10/29/04 at pm in Albuquerque, New Mexico (cc: all counsel*) (ln) Modified on 10/18/2004 (Entered: 10/14/2004)

RECAP
49 Oct. 27, 2004

NOTICE of hearing resetting pltf's motion for order directing case be tried by a jury [35-1] at 1:30 p.m. on 12/2/04 in Albuquerque, New Mexico before Judge Browning (cc: all counsel*) (ln) (Entered: 10/27/2004)

RECAP
50 Nov. 12, 2004

NOTICE of completion of briefing on state defts' first motion for summary judgment: failure to exhaust administrative remedies (doc. 43) (ln) (Entered: 11/15/2004)

RECAP
51 Dec. 1, 2004

THIRD NOTICE of hearing resetting pltf's motion for order directing case be tried by a jury [35-1] at 1:30 p.m. on 1/17/05 (cc: all counsel*) (ln) (Entered: 12/01/2004)

RECAP
52 Dec. 20, 2004

ORDER by Magistrate Judge W. D. Schneider that counsel shall have all appropriate settlement documents and orders of dismissal delivered to the court by noon 01/14/05 (cc: all counsel*) (ln) (Entered: 12/20/2004)

RECAP
53 Jan. 14, 2005

STIPULATION OF DISMISSAL of all claims against defts w/prejudice by pltf Sandoval, NM Corrections Department, Mares, Koeppe, Lopez (ln) (Entered: 01/14/2005)

RECAP

Case Details

State / Territory:

New Mexico

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Feb. 12, 2002

Closing Date: 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

prisoners of the State of New Mexico

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State

New Mexico Department of Corretions

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Other Dockets:

District of New Mexico 1:02-cv-00170

District of New Mexico 1:02-cv-01438

Available Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Voluntary Dismissal

Issues

Jails, Prisons, Detention Centers, and Other Institutions:

Assault/abuse by staff (facilities)

Recommended Citation