Case: Baker v. Sweeney

3:91-cv-00065 | U.S. District Court for the District of Nevada

Filed Date: Feb. 13, 1991

Clearinghouse coding complete

Case Summary

On 2/13/1991, inmates in the Washoe County Detention Center filed a Section 1983 class action suit in the District of Nevada, pro se, against officials of the Nevada Department of Prisons. The court appointed private counsel for the plaintiffs and certified the class as 'all prisoners who are or will be incarcerated at Washoe County Jail.' Following discovery, both plaintiffs and defendants moved for summary judgment. In a March 1993 order, the court granted plaintiffs' motion for summary …

On 2/13/1991, inmates in the Washoe County Detention Center filed a Section 1983 class action suit in the District of Nevada, pro se, against officials of the Nevada Department of Prisons. The court appointed private counsel for the plaintiffs and certified the class as 'all prisoners who are or will be incarcerated at Washoe County Jail.'

Following discovery, both plaintiffs and defendants moved for summary judgment. In a March 1993 order, the court granted plaintiffs' motion for summary judgment on the issue of the inadequacy of the access to the court provided by defendants for the purpose of filing state and federal petitions for writ of habeas corpus. The court denied plaintiffs' and defendants' motions for summary judgment on all other issues.

Two months later, the court referred this case to Judge James M. Burns for the purpose of conducting a settlement conference. In October 1993, the parties had reached an agreement and the court entered a consent decree finding the plaintiffs as the prevailing party and awarding attorney's fees. The court retained jurisdiction for two years to ensure compliance.

The case file contains only a copy of the docket, so the specifics of the case are unavailable. In the last entry the court denied plaintiffs' motion for contempt for defendants' failure to adhere to the consent decree, dated September 29, 1999.

Note: In April 1993, the court ordered that this case be consolidated with Witherow v. Sweeney, CV-N-91-65-ECR. Both dockets are included in this file.

Summary Authors

Eoghan Keenan (6/10/2005)

People


Attorneys(s) for Plaintiff

Dickerson, Jeffrey A. (Nevada)

Evans, Donald Y. (Nevada)

Keyser-Cooper, Terri (Nevada)

Semenza, Lawrence (Nevada)

Attorneys(s) for Defendant

Holmes, Dorothy Nash (Nevada)

Lane, Mills (Nevada)

Rhodes, John B. (Nevada)

Shannon, Gregory R. (Nevada)

Attorneys(s) for Plaintiff

Dickerson, Jeffrey A. (Nevada)

Evans, Donald Y. (Nevada)

Keyser-Cooper, Terri (Nevada)

Semenza, Lawrence (Nevada)

Attorneys(s) for Defendant

Holmes, Dorothy Nash (Nevada)

Lane, Mills (Nevada)

Rhodes, John B. (Nevada)

Shannon, Gregory R. (Nevada)

Documents in the Clearinghouse

Document

89-00807

Docket

Witherow v. Sweeney

Feb. 28, 1994

Feb. 28, 1994

Docket

3:91-cv-00065

Docket

Sept. 29, 1999

Sept. 29, 1999

Docket

Docket

Last updated Sept. 6, 2022, 3:06 a.m.

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Jan. 23, 1991

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Oct. 27, 1993

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Case Details

State / Territory: Nevada

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Feb. 13, 1991

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

inmates in the Washoe County Detention Center

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Nevada Department of Corrections, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Availably Documents:

Trial Court Docket

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: 1993 - None

Issues

General:

Totality of conditions

Type of Facility:

Government-run