Case: Taylor v. Wolff

3:79-cv-00162 | U.S. District Court for the District of Nevada

Filed Date: July 27, 1979

Closed Date: 1994

Clearinghouse coding complete

Case Summary

In 1979, inmates of the Nevada State Prison system filed a Section 1983 class action suit in the District of Nevada, against officials of the Nevada Department of Prisons. Plaintiffs alleged violations of the First, Fifth, Eighth, and Fourteenth Amendments. Specifically, plaintiffs alleged that the medical and mental health services were inadequate. Plaintiffs had counsel from Washoe Legal Services and the ACLU National Prison Project.In November 1983, the parties submitted a stipulated sett…

In 1979, inmates of the Nevada State Prison system filed a Section 1983 class action suit in the District of Nevada, against officials of the Nevada Department of Prisons. Plaintiffs alleged violations of the First, Fifth, Eighth, and Fourteenth Amendments. Specifically, plaintiffs alleged that the medical and mental health services were inadequate. Plaintiffs had counsel from Washoe Legal Services and the ACLU National Prison Project.

In November 1983, the parties submitted a stipulated settlement agreement whithatch required defendants to implement new procedures regarding the treatment, classification, and segregation of inmates with mental health needs. The agreement also required an independent auditor to evaluate defendants' compliance over an 18 month period. At the auditor's discretion, the period for compliance could be extended an additional twelve months. The duties and responsibilities of the auditor were largely drawn from the settlement agreement in Shapley v. O'Callaghan (PC-NV-005). The plaintiffs in Shapley were also represented by Washoe Legal Services and the ACLU National Prison Project.

In April 1984, the settlement agreement was amended to incorporate additional training requirements and suicide watch procedures. The amended stipulated settlement agreement led to an order approving compromise of the class action in 1984. Allen F. Breed was named as the independent auditor and submitted three progress reports over the next eighteen months. Mr. Breed had previously been named the independent auditor in Shapley v. O'Callaghan. Finding that the defendants were not in compliance, Mr. Breed extended the monitoring period for an additional twelve months.

In May 1988, the District Court (Judge James M. Burns) issued a final order finding that defendants had fully complied with all but two of the provisions of the stipulated agreement. Judge Burns directed defendants to implement the Mental Health Plan co-written by Dr. William S. Logan and Mary Alice Conroy. Dr. Logan was appointed to monitor the implementation of the Mental Health Plan and compliance with the stipulated agreement and the final order.

Following seven progress reports by Dr. Logan between 1988 and 1993, defendants requested a finding of compliance by the court. Judge Burns held that defendants were in full compliance with the order, but required Dr. Logan to monitor for an additional year to ensure defendants' continued compliance. Taylor v. Wolff, 158 F.R.D. 671 (D. Nev. 1993). Following an additional three progress reports by Dr. Logan, defendants' motions to terminate jurisdiction, dissolve the consent decree, and dismiss the case with prejudice were granted in November 1994. Taylor v. Wolff, 158 F.R.D. 671 (D. Neb. 1994).

The docket for this case is not available on PACER, and therefore our information ends with the most recent court opinion, dated November 10, 1994.

Summary Authors

Eoghan Keenan (6/10/2005)

People


Judge(s)

Burns, James Milton (Oregon)

Attorneys(s) for Plaintiff

Nielson, Ernest K. (Nevada)

Zeh, Charles R. (Nevada)

Attorneys(s) for Defendant

Del Papa, Frankie Sue (Nevada)

McKay, Brian (Nevada)

Nielsen, Brooke A. (Nevada)

Parks, Cameron J. (Nevada)

Expert/Monitor/Master

Breed, Allen F. (California)

Judge(s)

Burns, James Milton (Oregon)

Attorneys(s) for Plaintiff

Nielson, Ernest K. (Nevada)

Zeh, Charles R. (Nevada)

Attorneys(s) for Defendant

Del Papa, Frankie Sue (Nevada)

McKay, Brian (Nevada)

Nielsen, Brooke A. (Nevada)

Parks, Cameron J. (Nevada)

Expert/Monitor/Master

Breed, Allen F. (California)

Documents in the Clearinghouse

Document

Stipulated Settlement Agreement

Nov. 23, 1983 Settlement Agreement

Second Progress Report on Compliance with Stipulated Settlement Agreement

April 30, 1985 Monitor/Expert/Receiver Report

Third Progress Report on Compliance with Stipulated Settlement Agreement

Sept. 30, 1985 Monitor/Expert/Receiver Report

Fourth Progress Report on Compliance with Stipulated Settlement Agreement

March 12, 1986 Monitor/Expert/Receiver Report

Opinion and Order

158 F.R.D. 671, 1993 U.S.Dist.LEXIS 20410

Sept. 17, 1994 Order/Opinion

Order

158 F.R.D. 675, 1994 U.S.Dist.LEXIS 16633

Nov. 10, 1994 Order/Opinion

Docket

Last updated May 13, 2022

Docket sheet not available via the Clearinghouse.

State / Territory: Nevada

Case Type(s):

Prison Conditions

Key Dates

Filing Date: July 27, 1979

Closing Date: 1994

Case Ongoing: No

Plaintiffs

Plaintiff Description:

inmates of the Nevada State Prison

Public Interest Lawyer: Yes

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Nevada State Prison, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Any published opinion

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 - 1994

Issues

General:

Administrative segregation

Classification / placement

Suicide prevention

Crowding:

Post-PLRA Population Cap

Type of Facility:

Government-run