Case: Shapley v. O'Callaghan

3:77-cv-00221 | U.S. District Court for the District of Nevada

Filed Date: Nov. 23, 1977

Clearinghouse coding complete

Case Summary

On 11/23/1977, inmates at the Nevada State Prison filed a Section 1983 class action suit in the District of Nevada, against officials of the Nevada State Prisons. Plaintiffs alleged violations of the First, Fifth, Sixth, Eighth, and Fourteenth Amendments. In addition to overcrowding, plaintiffs complained of inadequate educational, vocational, work, and recreational opportunities; living conditions; and medical and psychiatric care. Plaintiffs had counsel from Washoe Legal Services and the AC…

On 11/23/1977, inmates at the Nevada State Prison filed a Section 1983 class action suit in the District of Nevada, against officials of the Nevada State Prisons. Plaintiffs alleged violations of the First, Fifth, Sixth, Eighth, and Fourteenth Amendments. In addition to overcrowding, plaintiffs complained of inadequate educational, vocational, work, and recreational opportunities; living conditions; and medical and psychiatric care. Plaintiffs had counsel from Washoe Legal Services and the ACLU National Prison Project.

In April 1983, the parties submitted a stipulated settlement agreement that required defendants to address each of the issues above and implemented plans to expand the capacity of the facility to alleviate the overcrowding. The agreement also required an independent auditor to submit three reports over a 16 month period. At the auditor's discretion, the period for compliance could be extended an additional twelve months requiring two additional reports. Following a July 1983 hearing, the District Court (Judge Edward Reed) approved the stipulated settlement agreement in an August 1983 order.

Allen F. Breed was named as the independent auditor and submitted five progress reports over the next two years. By the fifth progress report Mr. Breed had found defendants in full or partial compliance with all but 5 of the requirements in the stipulated settlement agreements. Mr. Breed was also named as the independent auditor in Taylor v. Wolff (PC-NV-006), a similar case involving the civil rights of prisoners in the Nevada State Prison system. Counsel from Washoe Legal Services and the ACLU National Prison Project represented plaintiffs in both matters.

Litigation was renewed in 1987 under the same docket number but new case name, Phillips v. Bryan. Plaintiffs, inmates at the Nevada State Prison, moved the court to hold the defendants in contempt for not complying with the 1983 settlement agreement. In May 1988, the parties agreed to a revised stipulated settlement agreement that renewed much of the 1983 agreement and provided for two independent monitors to ensure defendants' compliance. Jerry J. Enomoto and Patrick D. McManus were named as the independent monitors.

On February 6, 2006, an inmate filed a motion to restore and appoint federal monitors and alleged numerous violations of the stipulated settlement agreement. In particular the plaintiff alleged overcrowding (two men in a single cell), incorrect medical diets, and extreme temperatures during summer months. The case was then assigned to Judge Edward C. Reed, Jr and Robert A. McQuaid, Jr who issued an order striking the motion because the case had been closed since April 7, 1995. On February 14, 2006, an inmate sent a handwritten letter asking whether the stipulated settlement was still in effect. A few months later an inmate from the original case (who joined the prison advocacy group Nevada CURE after release) requested the docket to determine the validity of the agreement.

Summary Authors

Eoghan Keenan (6/10/2005)

People


Judge(s)

Burns, James Milton (Oregon)

McQuaid, Robert A. Jr. (Nevada)

Reed, Edward Cornelius Jr. (Nevada)

Attorneys(s) for Plaintiff

Bronstein, Alvin J. (District of Columbia)

Freeman, Alexa P. (District of Columbia)

Wright, Claudia T. (District of Columbia)

Zeh, Charles R. (Nevada)

Attorneys(s) for Defendant

Adler, Ernest E. (Nevada)

Cardinalli, Marc P. (Nevada)

Hutchins, Brian (Nevada)

Judge(s)

Burns, James Milton (Oregon)

McQuaid, Robert A. Jr. (Nevada)

Reed, Edward Cornelius Jr. (Nevada)

Attorneys(s) for Plaintiff

Bronstein, Alvin J. (District of Columbia)

Freeman, Alexa P. (District of Columbia)

Wright, Claudia T. (District of Columbia)

Zeh, Charles R. (Nevada)

Attorneys(s) for Defendant

Adler, Ernest E. (Nevada)

Cardinalli, Marc P. (Nevada)

Hutchins, Brian (Nevada)

McKay, Brian (Nevada)

Nielsen, Brooke A. (Nevada)

Parks, Cameron J. (Nevada)

Expert/Monitor/Master

Breed, Allen F. (California)

Enomoto, Jerry (Nevada)

McManus, Patrick D. (Minnesota)

Documents in the Clearinghouse

Document

3:77-cv-00221

Docket

England v. Miller

Sept. 19, 1997

Sept. 19, 1997

Docket

3:77-cv-00221

Docket

Phillips v. Bryan

June 22, 2006

June 22, 2006

Docket

3:77-cv-00221

Stipulated Partial Settlement Agreement

Jan. 1, 1983

Jan. 1, 1983

Settlement Agreement

3:77-cv-00221

Stipulated Settlement Agreement

April 5, 1983

April 5, 1983

Settlement Agreement

3:77-cv-00221

Order

Aug. 22, 1983

Aug. 22, 1983

Order/Opinion

3:77-cv-00221

[Auditor's] First Progress Report on Compliance with Stipulated Agreement

May 11, 1984

May 11, 1984

Monitor/Expert/Receiver Report

3:77-cv-00221

Auditor's Second Progress Report on Compliance with Stipulated Agreement

Oct. 25, 1984

Oct. 25, 1984

Monitor/Expert/Receiver Report

3:77-cv-00221

Auditor's Third Progress Report on Compliance with Stipulated Agreement

Feb. 28, 1985

Feb. 28, 1985

Monitor/Expert/Receiver Report

3:77-cv-00221

[Auditor's] Fourth Progress Report on Compliance with Stipulated Agreement

Oct. 10, 1985

Oct. 10, 1985

Monitor/Expert/Receiver Report

3:77-cv-00221

Auditor's Fifth Progress Report on Compliance with Stipulated Agreement

Dec. 13, 1985

Dec. 13, 1985

Monitor/Expert/Receiver Report

Resources

Docket

Last updated Aug. 13, 2022, 3:19 a.m.

ECF Number Description Date Link Date / Link
818

Docket sheet of previous entries (Attachments: # 1 part 1)(JAR, ) Modified on 2/7/2006 (JAR, ), to reflect docket sheet and chng document number. (Entered: 02/07/2006)

Feb. 6, 2006

Feb. 6, 2006

819

LETTER from Frank M. Peck. (JAR, ) (Entered: 02/07/2006)

Feb. 6, 2006

Feb. 6, 2006

820

MOTION to restore/appoint federal monitors by Plaintiff Frank M. Peck. Responses due by 2/24/2006. (WJ, ) (Entered: 02/09/2006)

Feb. 6, 2006

Feb. 6, 2006

Case assigned to Judge Edward C. Reed, Jr and Robert A. McQuaid, Jr. (BLG) (Entered: 02/08/2006)

Feb. 8, 2006

Feb. 8, 2006

821

ORDER striking 820 Motion. Signed by Judge Robert A. McQuaid Jr. on 2/9/06. (WJ, ) (Entered: 02/10/2006)

Feb. 9, 2006

Feb. 9, 2006

822

LETTER from Robert Hays asking if the stipulated settlement agreement in this case is still in effect. (WJ, ) (Entered: 02/16/2006)

Feb. 14, 2006

Feb. 14, 2006

Case Details

State / Territory: Nevada

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Nov. 23, 1977

Case Ongoing: No

Plaintiffs

Plaintiff Description:

inmates at the Nevada State Prison

Public Interest Lawyer: Yes

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Nevada State Prison (Carson City), State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Availably Documents:

None of the above

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: 1983 - None

Issues

General:

Access to lawyers or judicial system

Administrative segregation

Classification / placement

Food service / nutrition / hydration

Recreation / Exercise

Sanitation / living conditions

Crowding:

Crowding / caseload

Type of Facility:

Government-run