Case: Marrs v. Cox

3:86-cv-00489 | U.S. District Court for the District of Oregon

Filed Date: April 22, 1986

Clearinghouse coding complete

Case Summary

On April 22, 1986, prisoners at the Oregon State Prison filed a class action lawsuit against the Oregon Department of Corrections in the U.S. District Court for the District of Oregon. On June 9, 1988, the parties entered into a consent decree, and the plaintiffs asked the court to hold the defendants in contempt and enforce the decree when the defendants later disobeyed the decree by refusing to have a corrections sergeant undergo psychiatric evaluation or mediation. On August 23, 1989, the …

On April 22, 1986, prisoners at the Oregon State Prison filed a class action lawsuit against the Oregon Department of Corrections in the U.S. District Court for the District of Oregon. On June 9, 1988, the parties entered into a consent decree, and the plaintiffs asked the court to hold the defendants in contempt and enforce the decree when the defendants later disobeyed the decree by refusing to have a corrections sergeant undergo psychiatric evaluation or mediation.

On August 23, 1989, the U.S. District Court for the District of Oregon (Judge James Redden) refused to enforce the consent decree or hold the defendants in contempt. On September 21, 1989, the plaintiffs appealed the district court's decision.

On April 12, 1991, the U.S. Court of Appeals for the Ninth Circuit (Judges William Canby, Stephen Trott, and Charles Legge) reversed the district court's decision and remanded the case, with instructions to order the corrections sergeant to undergo psychiatric evaluation and mediation and to award attorneys' fees to the plaintiffs. Marrs v. Cox, 1991 WL 54873 (9th Cir.Or. April 12, 1991).

On February 14, 1992, the court entered the corrections sergeant's psychiatric evaluation into the record. On July 17, 1992, the U.S. District Court for the District of Oregon (Judge Redden) ordered the defendants to pay the plaintiffs $8,830.75 in attorneys' fees and expenses.

Summary Authors

Kristen Sagar (3/16/2006)

People


Judge(s)

Canby, William Cameron Jr. (Arizona)

Juba, George E. (Oregon)

Legge, Charles A. (California)

Trott, Stephen S. (Idaho)

Attorneys(s) for Plaintiff

Barton, William (Oregon)

Haber, Roy S. (Oregon)

Attorneys(s) for Defendant

Bailey, Ronald (Oregon)

Judge(s)

Canby, William Cameron Jr. (Arizona)

Juba, George E. (Oregon)

Legge, Charles A. (California)

Trott, Stephen S. (Idaho)

Attorneys(s) for Plaintiff

Barton, William (Oregon)

Haber, Roy S. (Oregon)

Attorneys(s) for Defendant

Bailey, Ronald (Oregon)

Documents in the Clearinghouse

Document

Docket (PACER)

Marrs v. Ingram

March 15, 1995 Docket

Memorandum

U. S. Court of Appeals for the Ninth Circuit

930 F.2d 28

April 12, 1991 Order/Opinion

Docket

Last updated May 13, 2022

ECF Number Description Date Link
71

ORDER denying pltf's class mot for tro. Defts' mot for a change of place of trial, deferred until the parties file the PTO. ORD granting parties mot for enlargement of time. Disc ext to 12-1-88. Pretrial documents due 1-6- 89. ; setting pretrial conf(1st) for 1:30 1/6/89 ; ORD setting pretrial conf (2nd) for 3:00 1/13/89 ; setting court trial for 9:30 1/17/89 ; setting pretrial order ddl for 12/15/88 Signed 9/14/88 Honorable James A. Redden (former employee) (Entered: 09/28/1988)

Sept. 14, 1988
73

MOTION by plaintiff Daniel Uvon Marrs for protective order (noa) (former employee) (Entered: 10/14/1988)

Oct. 12, 1988
74

PROTECTIVE ORDER: ORD that defts are prohibited from referring to prosecution any corrections officer, etc in the Malheur Co. correctional Facility (see ord) ntfd Signed 10/12/88 microfilmed 10/14/88 Magistrate Michael R. Hogan (former employee) (Entered: 10/14/1988)

Oct. 12, 1988
75

Stip Final Jugmnt -ORD THE defts, etc shall operate the Malheur Co. Corrections Facility as provided in that certain stip partial Jdgmnt ent on 6/9/88 (see judgmnt)s 10/12/88 microfilmed 10/14/88 Magistrate Michael R. Hogan (former employee) (Entered: 10/14/1988)

Oct. 12, 1988

(former employee) (Entered: 10/17/1988)

Oct. 12, 1988
78

Deft's proposed amended judgment (former employee) (Entered: 06/12/1989)

June 9, 1989
79

Affidavit of John E. Del Nero (former employee) (Entered: 06/12/1989)

June 9, 1989
80

Affirmation of Roy S. Haber (former employee) (Entered: 06/12/1989)

June 9, 1989
81

MOTION by plaintiff Daniel Uvon Marrs to punish for contempt-sealed judgment #81 (former employee) (Entered: 06/14/1989)

June 9, 1989
82

MOTION by plaintiff Daniel Uvon Marrs to punish for contempt & for further relief #82 (former employee) (Entered: 06/14/1989)

June 9, 1989
83

First year report to court on state of compliance and application to extend monitoring. (former employee) (Entered: 06/14/1989)

June 9, 1989
84

MOTION by defendants' for entry of supplemental judgment #84 (former employee) (Entered: 06/16/1989)

June 16, 1989
85

Factual record in opposition to extension of monitoring and jurisdiction retention. (former employee) (Entered: 06/16/1989)

June 16, 1989
86

MOTION by defendants' for leave to file brief in excess of 35 pgs #86 (former employee) (Entered: 06/19/1989)

June 16, 1989
87

Affidavit of Marian Strong (former employee) (Entered: 06/19/1989)

June 19, 1989
88

Affidavit of Mary L. Werner (former employee) (Entered: 06/19/1989)

June 19, 1989
89

Affidavit of Judy Bassett (former employee) (Entered: 06/19/1989)

June 19, 1989
90

Affidavit of Roy Castro (former employee) (Entered: 06/19/1989)

June 19, 1989
91

Affidavit of Michael T. Walker (former employee) (Entered: 06/19/1989)

June 19, 1989
92

Affidavit of Lea Cooper (former employee) (Entered: 06/19/1989)

June 19, 1989
93

RECORD OF ord granting deft's motion for leave to file brief in excess of 35 pgs [86-1] ntfd Magistrate George E. Juba (former employee) (Entered: 06/19/1989)

June 19, 1989
94

Defts' opposition to pltfs' req. to extend monitoring period and jursdiction retention; o/a req. (former employee) (Entered: 06/19/1989)

June 19, 1989
95

Memorandum by defendant in opposition to motion to punish for contempt-sealed judgment [81-1] (former employee) (Entered: 06/21/1989)

June 21, 1989
106

Memorandum by plaintiff Daniel Uvon Marrs in support of motion to punish for contempt & for further relief [82-1], of motion to punish for contempt-sealed judgment [81-1] (former employee) (Entered: 07/19/1989)

June 23, 1989
96

Supplemental affidavit of Ronald Mallea (former employee) (Entered: 06/30/1989)

June 30, 1989
97

MOTION by plaintiffs to enter pltfs proposed judgment submitting new policies & procedures , to strike defts motion to ent supplemental judgment #97 (cpriestley) (Entered: 07/03/1989)

July 3, 1989
98

MOT & ORDER that pltfs may submit this reply consisting of 48 pgs. ntfd Signed 7/3/89 Magistrate George E. Juba (former employee) (Entered: 07/05/1989)

July 3, 1989
99

Reply by plaintiff Daniel Uvon Marrs to defts' opposit to conduct additional monitoring of 6/9/88 decree; to defts' opposit to pltf mot to punish for contempt reg. security; to defts' opposition to mot to punish (sealed jdgmt); to defts' opposition to monitor new policies. (former employee) (Entered: 07/10/1989)

July 10, 1989
100

Affidavit of Mike Walker (former employee) (Entered: 07/13/1989)

July 13, 1989
101

Defts' reply to pltfs' mot to strike [97-2] defts' mot to enter supplemental judgment [84-1]. (former employee) (Entered: 07/14/1989)

July 13, 1989
102

MOTION by defendants' for leave to file response brief #102 (former employee) (Entered: 07/14/1989)

July 13, 1989
103

Defts' response to pltfs' replies. (former employee) (Entered: 07/14/1989)

July 13, 1989
104

Affidavit of Lori Shepherd (former employee) (Entered: 07/18/1989)

July 18, 1989
105

Supplemental affidavit of David Sarazin (former employee) (Entered: 07/18/1989)

July 18, 1989
107

RECORD OF ord granting defts' motion for leave to file response brief [102-1] ntfd Magistrate George E. Juba (former employee) (Entered: 07/20/1989)

July 19, 1989
108

Pltfs' opposition to defts' mot for entryof supplemental judgment [84]; reply to defts' opposition to pltfs' mot [971 & 2] to strike defts' mot for entry of supplemental judgement. (former employee) (Entered: 08/07/1989)

Aug. 7, 1989
109

Opinion pltf's mot to punish for contempt and further relief is denied. Signed 8/22/89 microfilmed 8/23/89 Honorable James A. Redden ntfd. (former employee) (Entered: 08/23/1989)

Aug. 23, 1989
110

ORDER pltfs' mot to punish for contempt (sealed judgment) [81] and mot to punish for contempt and further relief [82] are Denied. ntfd Signed 8/22/89 microfilmed 8/23/89 Honorable James A. Redden (former employee) (Entered: 08/23/1989)

Aug. 23, 1989
111

Deft's opposition to pltfs' mot to produce. (former employee) (Entered: 08/24/1989)

Aug. 24, 1989
112

MOTION by plaintiff Daniel Uvon Marrs to produce #112 (former employee) (Entered: 08/25/1989)

Aug. 24, 1989
114

RECORD OF ord setting issued of pltfs' and defts' proposed amended judgment [77 & 78] and mot by defts' for entry of supplemental judgment [84] for t/oral arg. on 10/3/89 at 1:45pm. ORD granting deft's mot for leave to file additional brief [113]. ntfd Magistrate George E. Juba (former employee) (Entered: 08/31/1989)

Aug. 31, 1989
115

Defts' supplemental brief re monitoring extension and judgment. (former employee) (Entered: 09/06/1989)

Sept. 5, 1989
116

MOTION by plaintiff Daniel Uvon Marrs for reconsideration & clarification of pltfs' mot to punish for contempt of sealed judgment #116 o/a req. (former employee) (Entered: 09/15/1989)

Sept. 14, 1989
117

Notice of appeal by plaintiff Daniel Uvon Marrs from Dist. Court ord filed 8/23/89 [110-2] (former employee) (Entered: 09/22/1989)

Sept. 21, 1989

No fee paid as granted forma pauperis previously. (former employee) (Entered: 09/22/1989)

Sept. 21, 1989

Mailed copy of n/a to cnsl and Court of Appeals along with copy of order and docket sheet. (former employee) (Entered: 09/22/1989)

Sept. 21, 1989
118

Deft's opposition to pltf's mot for reconsideration and clarification of pltfs' mot to punish for contempt of sealed judgment [116-1] (former employee) (Entered: 09/28/1989)

Sept. 28, 1989
119

Second supplemental affidavit of David Sarazin, M.D. (former employee) (Entered: 09/28/1989)

Sept. 28, 1989
120

ORDER pltf's mot for reconsideration [116] is Denied but his mot for clarification [116] is Granted. Pltf's mot to produce [112] is Denied. ntfd Signed 10/3/89 microfilmed & eod 10/3/89 Honorable James A. Redden (former employee) (Entered: 10/03/1989)

Oct. 3, 1989

Text not available. (Entered: 10/04/1989)

Oct. 3, 1989
121

RECORD OF t/hrg. on pltf's & deft's proposed a/judgment [77 & 78] and mot by defts' for entry of supp. judgment [84]. ORD taking the mots u/advisement. ntfd Magistrate George E. Juba (former employee) (Entered: 10/04/1989)

Oct. 3, 1989
122

Pltf's reply to opposition to mot to reconsider [116]. (former employee) (Entered: 10/05/1989)

Oct. 5, 1989
123

Notification by US Court of Appeals for the Ninth Circuit of Docket Number CA 89-35710 (former employee) (Entered: 10/12/1989)

Oct. 12, 1989
124

Certified Copy of Order from the US Court of Appeals for the Ninth District [117-1] setting brief schedule: R/T ord due 10/23, transcripts due 11/21, appellants brief 1/8/90 and appelles brief 2/6 with reply w/in 14 days. (former employee) (Entered: 10/12/1989)

Oct. 12, 1989

No fees pd- granted forma pauperis previously. (former employee) (Entered: 11/02/1989)

Oct. 30, 1989

Mailed copy of N/A to cnsl and Court of appeals along with copy of ord and docket sheet. (former employee) (Entered: 11/02/1989)

Nov. 2, 1989
126

Desingation of reporter's transcript ordering form for appeals [117 & 125] none to be ordered. (former employee) (Entered: 11/14/1989)

Nov. 14, 1989

Certificate of Record Transmitted to US Court of Appeals for appeals [117 & 125]. (former employee) (Entered: 11/14/1989)

Nov. 14, 1989
127

Notification by US Court of Appeals for the Ninth Circuit of Docket Number CA 89-35734 (former employee) (Entered: 11/27/1989)

Nov. 27, 1989
128

ORDER both pltfs' [97] and defts' [84] mot to supplement the judgment and pltfs' mot to ext monitoring [83] are Granted in part & Denied in part. Parties are to submit defts supplemental judgment [84], deleting paragraph 11 & substituting pltfs' paragraph 11 from pltfs' supplemental judgment. The remainder of those mots, as well as pltfs' mot for an evidentiary hearing & mot to strike Dr. Sarazin's supplemental affidavit are Denied. ntfd Signed 12/7/89 microfilmed & eod 12/8/89 Magistrate George E. Juba (former employee) (Entered: 12/08/1989)

Dec. 8, 1989
129

Certified Copy of Order from the US Court of Appeals for the Ninth District re appeal CA 89-357l0-court received letter dated 10/23 re appeal dated 9/21. Appears letter is w/out jurisdiction. Unless appellant objects w/in 14 days-the court will construe appellants letter as a voluntary dism of appeal 89-357l0. (former employee) (Entered: 12/15/1989)

Dec. 15, 1989
130

Objections by defendants' to order of 12/7/89 [128-2] (former employee) (Entered: 12/20/1989)

Dec. 20, 1989
131

RECORD OF ord pursuant to FRCP 60(a) the court changes lines 20-22 of page 6 of its order 12/8/89 to read as follows: Therefore, this court shall retain jurisdiction an additional seven months, until 1/9/90, to ensure defts comply with the new supplemental judgment. ntfd Magistrate George E. Juba (former employee) Modified on 12/27/1989 (Entered: 12/27/1989)

Dec. 27, 1989
132

Pltf's response to defts' objs [130] to F/R (ord) [128]. (former employee) (Entered: 01/04/1990)

Jan. 2, 1990
133

SUPPLEMENTAL JUDGMENT that the stip. partial judgment is amended -exh A is subst. for existing pgs 23-42 of appendix 7 of the stip. partial judgment (pages 86-105). Defts shall provide each corrections officer on duty with a portable 2 way radio to facilitate communication between the clerk-dispatcher & the corrections officers w/in the Malheur County Correctional Facility. Defts are relieved from the req. to make a filing/typing clerk available to use at the Malheur County Correctional Facility (the last 3 hrs of Malheur County's business day, 5 days a week) .Exh.B-MCCF Policy & Procedurals Manual is filed in satisfaction of the obligation of defts under paragraph 40(h) of stip. final judgment. Exh. C MCCF Mental Health Care Report is substituted. Exhs D & E are filed. Court shall retaim jurisdiction for an add. 7 months over medical- related issues & compliance with new policies. Pltf's shall monitor for an add 7 months, through & until 1/9/90 & report to court if additional time is necessary. Court will then decide on whether to continue its active jurisdiction.(see file) ntfd Signed 1/8/90 microfilmed & eod 1/8/90 Honorable James A. Redden (former employee) (Entered: 01/08/1990)

Jan. 8, 1990
134

Notice of appeal by plaintiff from Dist. Court supplemental judgment of 1/8/90 [133-2] (former employee) (Entered: 02/06/1990)

Feb. 5, 1990

No fee pd- previously granted forma pauperis. (former employee) (Entered: 02/06/1990)

Feb. 5, 1990

Mailed copy of Notice of Appeal to cnsl & to US Court of Appeals for the Ninth Circuit along with copy of judgment and updated copy of docket sheet. (former employee) (Entered: 02/06/1990)

Feb. 6, 1990

Certificate of Record Transmitted to US Court of Appeals for the Ninth Circuit for the appeal filed 2/5/90. (former employee) (Entered: 02/06/1990)

Feb. 6, 1990
135

MOTION by defendants' for order directing submission of report #135 (former employee) Modified on 03/07/1990 (Entered: 03/01/1990)

March 1, 1990
136

RECORD OF ord setting deft's motion for order directing submission of report [135-1] on m/c of 3/19/90 (noa). ORD pltf's response to be filed 3/12 and defts' reply to be filed by 3/15. Pltf to expedite service of response to deft counsel. ntfd Magistrate George E. Juba. (former employee) (Entered: 03/07/1990)

March 6, 1990
137

Response by plaintiff to motion for order directing submission of report [135-1] (former employee) (Entered: 03/09/1990)

March 9, 1990
138

Reply by defendant to memorandum in opposition motion for order directing submission of report [135-1] (former employee) (Entered: 03/16/1990)

March 16, 1990

Clerk's record on appeal transmitted to US Court of Appeals for the Ninth Circuit,, (former employee) (Entered: 03/21/1990)

March 21, 1990
139

ORDER granting defts' motion for order directing submission of report [135-1] ntfd e/3/21/90, Signed 3/21/90 Magistrate George E. Juba (former employee) (Entered: 03/21/1990)

March 21, 1990
140

MANDATE/JUDGMENT from USCA reversing decision of the District Court [Appeals [134-1] [125-1] [117-1]; memo says reverse & remand to D/C. Pltfs are entitled to attys fees as prevailing parties on this appeal. (former employee) (Entered: 06/10/1991)

June 7, 1991

UTILITY EVENT: Reopens case see mandate #140 (former employee) (Entered: 06/19/1991)

June 7, 1991
142

RECORD OF t/status conf. ORD setting t/conf for 9/23/91 at 10am. If final papers are filed before that date, the call will be cancelled. , ntfd Magistrate George E. Juba (former employee) (Entered: 07/22/1991)

July 19, 1991
143

RECORD OF granting deft's letter req of 9/9/91 to reset tel status conf. Order - striking the status conf 9/9/91 and resetting for a tel conf call before 11/18/91 at 10:30am. Magistrate George E. Juba (cpriestley) (Entered: 09/12/1991)

Sept. 12, 1991
144

RECORD OF Tel conf call. Order - setting another tel conf call before Judge Juba 1/21/91 at 10:00am. , ntfd Magistrate George E. Juba (cpriestley) (Entered: 11/20/1991)

Nov. 18, 1991
145

RECORD OF TELEPHONE CONF.: ORDER: Setting another Tele. Conf. call before Judge Juba, Mon., 2/24/92, at 10:00AM. The Ct. will initiate the call. ntfd Magistrate George E. Juba (former employee) (Entered: 01/22/1992)

Jan. 21, 1992
146

Psychologists REPORT of 10/11/92 [146-1] (cpriestley) (Entered: 02/18/1992)

Feb. 14, 1992
147

RECORD OF setting another tel conf 3/9/92 at 10:00a.m , ntfd Magistrate George E. Juba Court Rptr none (cpriestley) (Entered: 02/26/1992)

Feb. 24, 1992
148

RECORD OF Order - Granting pltf req to reset status hrg. Order - resetting tel hrg 3/9/92 to 4/13/92 at 10:00am. , ntfd Magistrate George E. Juba (cpriestley) (Entered: 03/09/1992)

March 6, 1992
149

MOTION by defendant Malheur County for order terminating procudures under sealed portion of judgment (cpriestley) (Entered: 03/11/1992)

March 11, 1992
150

RECORD OF - setting defts' motion for order terminating procudures under sealed portion of judgment #149, for tel oral argument 4/13/92 at 10:00am. ntfd Magistrate George E. Juba (cpriestley) (Entered: 03/16/1992)

March 13, 1992
151

MOTION by Daniel Uvon Marrs for relief response to defts motion for order terminating proceedings (cpriestley) (Entered: 04/14/1992)

April 13, 1992
152

RECORD OF ;status hearing set 10:00 4/20/92 , ntfd Magistrate George E. Juba Court Rptr Ann Moore (cpriestley) (Entered: 04/14/1992)

April 13, 1992
155

RECORD OF granting motion for order terminating procudures under sealed portion of judgment [149-1] ntfd setting motion for relief response to defts motion for order terminating proceedings [151-1] 5/18/92. ntfd Magistrate George E. Juba (cpriestley) (Entered: 04/22/1992)

April 20, 1992
153

Memorandum by defendant Malheur County in opposition to motion for relief response to defts motion for order terminating proceedings [151-1] (cpriestley) (Entered: 04/22/1992)

April 21, 1992
154

AFFIDAVIT of George Bruner re motion response [153-1] (cpriestley) (Entered: 04/22/1992)

April 21, 1992
156

REPLY brief by pltfs; motion for further relief. o/a/ req (cpriestley) (Entered: 04/28/1992)

April 28, 1992
157

RECORD OF re- setting motion for relief response to defts motion for order terminating proceedings [151-1] 5/18/92 at 1:30pm ntfd Magistrate George E. Juba (cpriestley) (Entered: 05/04/1992)

April 30, 1992
158

Supplmental Memorandum re further relief by defendants. (cpriestley) (Entered: 05/04/1992)

May 1, 1992
159

AFFIDAVIT of Douglas Andres re memorandum [158-1] (cpriestley) (Entered: 05/04/1992)

May 1, 1992
160

RECORD OF taking under advisement on 5/18/92 motion for relief response to defts motion for order terminating proceedings [151-1] ntfd Magistrate George E. Juba (cpriestley) (Entered: 05/19/1992)

May 18, 1992
161

FINDINGS AND RECOMMENDATION [to] concerning motion for relief should be denied. [151-1] Magistrate George E. Juba signed 5/20/92 ntfd (cpriestley) (Entered: 05/21/1992)

May 20, 1992
162

MOTION by plaintiff Daniel Uvon Marrs for attorney fees (cpriestley) (Entered: 05/26/1992)

May 26, 1992
163

RECORD OF setting motion for attorney fees [162-1] 6/29/92 (noa) ntfd Magistrate George E. Juba (cpriestley) (Entered: 05/29/1992)

May 28, 1992
164

OBJECTIONS by defendants to pltfs attorney fee motion. (cpriestley) (Entered: 06/04/1992)

June 3, 1992

State / Territory: Oregon

Case Type(s):

Prison Conditions

Key Dates

Filing Date: April 22, 1986

Case Ongoing: Perhaps, but long-dormant

Plaintiffs

Plaintiff Description:

Prisoners at Malheur County Correctional Facility

Public Interest Lawyer: Unknown

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Oregon Department of Corrections, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1986 - 0

Issues

General:

Assault/abuse by staff

Staff (number, training, qualifications, wages)

Type of Facility:

Government-run