Case: Baker v. Holden

2:86-cv-00361 | U.S. District Court for the District of Utah

Filed Date: April 28, 1986

Closed Date: 2004

Clearinghouse coding complete

Case Summary

On April 28, 1986, inmates in the Wasatch Unit of the Utah State Prison filed a civil rights lawsuit pursuant to 42 U.S.C. § 1983 in the U.S. District Court for the District of Utah, alleging unconstitutional conditions of confinement, including particularly the practice of double celling or double bunking in certain areas of the Wasatch Unit within the prison. The case was originally styled Baker v. Deland, 86-C-361G. The case was referred to Magistrate Judge Boyce and it was certified as a c…

On April 28, 1986, inmates in the Wasatch Unit of the Utah State Prison filed a civil rights lawsuit pursuant to 42 U.S.C. § 1983 in the U.S. District Court for the District of Utah, alleging unconstitutional conditions of confinement, including particularly the practice of double celling or double bunking in certain areas of the Wasatch Unit within the prison. The case was originally styled Baker v. Deland, 86-C-361G. The case was referred to Magistrate Judge Boyce and it was certified as a class action.

Injunctive relief was granted in 1986 and 1988 prohibiting the practice of double bunking in certain parts of blocks of the Wasatch Unit. The case was then consolidated with the case styled Humphries v. Deland, 89-C-517A and the parties conducted extensive discovery and pretrial proceedings. A trial was held before Magistrate Judge Ronald N. Boyce on August 6-10, 1990, and on September 24-25, 1990.

Thereafter, on March 18, 1991, the District Court entered an injunction continuing the status quo of the prior injunctions until the Report and Recommendation of the judge could be prepared. On October 25, 1991, Magistrate Judge Boyce rendered his Report and Recommendation. Following objections, a further hearing was held on November 19, 1991. A supplemental Report and Recommendation was issued on December 11, 1991. Defendants' then filed a motion to vacate the preliminary injunctions.

On March 20, 1992, the District Court (Judge J. Thomas Greene) issued a permanent injunction prohibiting double celling in certain cell blocks, while dissolving the preliminary injunction as to others. Baker v. Holden, 787 F.Supp. 1008 (D.Utah Mar 20, 1992).

On May 19, 2000, defendants moved to terminate the 1992 injunction under the Prisoner Litigation Reform Act (PLRA). 18 U.S.C. § 3626 et seq. On August 27, 2004, the District Court (Judge J. Thomas Greene) granted the defendants' motion for termination of the 1992 injunction entered by this Court in Baker et al. v. Holden et al. and the case was closed. Baker v. Haun, 333 F.Supp.2d 1162 (D.Utah Aug 27, 2004).

Summary Authors

Dan Dalton (2/19/2007)

People


Judge(s)

Greene, John Thomas Jr. (Utah)

Attorneys(s) for Plaintiff

Baker, Kenneth L. (Utah)

Barnard, Brian M. (Utah)

Harris, James L. Jr. (Utah)

Mohrman, Michael K. (Utah)

Russell, Stephen (Utah)

Attorneys(s) for Defendant

Barlow, Craig L. (Utah)

Barry, Kent M. (Utah)

Beadles, James H. (Utah)

Hill, Daniel D. (Minnesota)

Judge(s)

Greene, John Thomas Jr. (Utah)

Attorneys(s) for Plaintiff

Baker, Kenneth L. (Utah)

Barnard, Brian M. (Utah)

Harris, James L. Jr. (Utah)

Mohrman, Michael K. (Utah)

Russell, Stephen (Utah)

Attorneys(s) for Defendant

Barlow, Craig L. (Utah)

Barry, Kent M. (Utah)

Beadles, James H. (Utah)

Hill, Daniel D. (Minnesota)

Larson, Allan L. (Utah)

Reber, Sharel S. (Utah)

Van Dam, R. Paul (Utah)

Documents in the Clearinghouse

Document

Docket (PACER)

Baker v. Haun

Aug. 31, 2004 Docket
255

Memorandum Decision and Order

787 F.Supp. 1008

March 20, 1992 Order/Opinion
371

Memorandum Decision and Order

Baker v. Haun

333 F.Supp.2d 1162

Aug. 27, 2004 Order/Opinion

Resources

Title Description External URL

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link

Order, to proceed in forma pauperis signed by RNB (Entered: 03/09/1990)

April 25, 1986
1

Complaint filed (Entered: 03/09/1990)

April 28, 1986
5

Order of Reference 28:636 b1B signed by JTG (Entered: 03/09/1990)

May 5, 1986

Case referred to Judge Ronald N. Boyce (Entered: 03/09/1990)

May 5, 1986
10

Amended complaint by Kenneth L. Baker, et al , against :amends [1-1] complaint (Entered: 03/09/1990)

May 15, 1986
29

Motion by Kenneth L. Baker, et al, to certify class action (Entered: 03/09/1990)

May 27, 1986
30

Memorandum by Kenneth L. Baker, et al in support of [29-1] motion to certify class action (Entered: 03/09/1990)

May 27, 1986
34

Answer by Gary Deland, Gerald Cook to amended complaint (Entered: 03/09/1990)

June 4, 1986
38

Report and Recommendations signed by RNB Re: [29-1] motion to certify class action recommending that class certification is appropriate ; Motion no longer referred (Entered: 03/09/1990)

June 19, 1986
61

Minute entry: Came before the court on Pltf's Mot/for attys fees. The Crt determined the case to be moot. Mr. Barnard can file submission for attys fees. Stip/dism will be submitted by the parties. (Entered: 03/09/1990)

Sept. 30, 1988
70

Judgment for Kenneth L. Baker, et al against Gary Deland, Gerald Cook that plaintiffs are awarded attys fees in sum of $5,140.00 signed by Clerk of Court (Entered: 03/09/1990)

March 29, 1989
77

Order, consolidating cases 86-C-361G and 89-C-517A signed by RNB (Entered: 03/09/1990)

July 12, 1989
96

Notice of attorney appearance for Thomas R. Humphries by Michael K. Mohrman (Entered: 03/09/1990)

Sept. 12, 1989
104

Motion by Kenneth L. Baker, et al, Thomas R. Humphries, to certify class action (Entered: 03/12/1990)

Oct. 11, 1989
105

Amended complaint by Kenneth L. Baker, et al, Thomas R. Humphries , against :amends [1-1] complaint, [10-1] amended complaint (Entered: 03/12/1990)

Oct. 11, 1989
108

Motion by Kenneth L. Baker, et al, Thomas R. Humphries, to certify class action (Entered: 03/12/1990)

Dec. 6, 1989
115

Answer by Gary Deland, Gerald Cook to amended complaint (Entered: 03/12/1990)

Dec. 15, 1989
121

Motion by Kenneth L. Baker, et al, Thomas R. Humphries, to compel (Entered: 03/12/1990)

Feb. 20, 1990
123

Notice of Hearing:, Motion hearing set for 3:00 3/14/90 for [121-1] motion to compel (Entered: 03/12/1990)

March 1, 1990
125

Motion by Kenneth L. Baker, et al, Thomas R. Humphries, to compel disc (Entered: 03/12/1990)

March 6, 1990
124

Notice of Hearing:, Motion hearing set for 3:30 3/19/90 for [125-1] motion to compel disc (Entered: 03/12/1990)

March 6, 1990
126

Return of service executed re: depo subp on Jim Currie, 3/2/90 (Entered: 03/12/1990)

March 8, 1990
127

Motion by Kenneth L. Baker, et al, for anorder permitting disc from inmates (mp) (Entered: 03/22/1990)

March 21, 1990
128

Notice of Hearing:, Motion hearing reset for 2:30 3/26/90 for [125-1] motion to compel disc, reset for 2:30 3/26/90 for [121-1] motion to compel (mp) (Entered: 03/26/1990)

March 23, 1990
129

Minute entry:, Motion hearing [127-1] motion for anorder permitting disc from inmates granting [125-1] motion to compel disc - ordered to be completed by 4-16-90. Expert Wits./ are to be named by this date. (Entered: 03/27/1990)

March 26, 1990
130

Order granting [125-1] motion to compel disc, granting [121-1] motion to compel signed by RNB 3/27/90 (mp) (Entered: 03/29/1990)

March 27, 1990
131

Certificate of service by Gary Deland, Gerald Cook of Utah State Prison Unit Housing Roster (mp) (Entered: 04/03/1990)

April 2, 1990
132

Certificate of service by Gary Deland, Gerald Cook of def obj, proposed modifications and recommendations to pltfs inmate questionnaire (mp) (Entered: 04/06/1990)

April 5, 1990
134

Certificate of service by Gary Deland, Gerald Cook of def response to pltf req for prod (mp) (Entered: 04/16/1990)

April 13, 1990
135

Motion by Gary Deland, Gerald Cook, for partial summary judgment (mp) (Entered: 04/16/1990)

April 13, 1990
136

Memorandum by Gary Deland, Gerald Cook in support of [135-1] motion for partial summary judgment (mp) (Entered: 04/16/1990)

April 13, 1990
137

Affidavit of Gary W. Deland (mp) (Entered: 04/16/1990)

April 13, 1990
138

Designation of Experts filed by Gary Deland, Gerald Cook (mp) (Entered: 04/17/1990)

April 16, 1990
139

DEF Response to Discovery Re:pltf request for prod dated 1/8/90 (mp) (Entered: 04/17/1990)

April 16, 1990
140

DEF Response to Discovery Re: pltf request for prod dated 2/16/90 (mp) (Entered: 04/17/1990)

April 16, 1990
141

Motion by Kenneth L. Baker, et al, Thomas R. Humphries, to preclude defs use of expert witnesses at trial and other sanctions (mp) (Entered: 04/17/1990)

April 17, 1990
142

Notice of Hearing:, Motion hearing set for 1:30 4/23/90 for [141-1] motion to preclude defs use of expert witnesses at trial and other sanctions before RNB (mp) (Entered: 04/19/1990)

April 18, 1990
143

Notice of Hearing:, Motion hearing set for 1:30 4/23/90 for [141-1] motion to preclude defs use of expert witnesses at trial and other sanctions before RNB (mp) (Entered: 04/19/1990)

April 18, 1990
144

Memorandum by Gary Deland, Gerald Cook in opposition to [141-1] motion to preclude defs use of expert witnesses at trial and other sanctions (mp) (Entered: 04/23/1990)

April 20, 1990
146

Minute entry:, Motion hearing held for [141-1] motion to preclude defs use of expert witnesses at trial and other sanctions granting [141-1] motion to preclude defs use of expert witnesses at trial and other sanctions. Production of Documents is also granted. Docs need to be given to pl by 4-27-90. P.O. will be entered on these docs. Def. assessed $300.00 to be paid to pl. for having to bring this matter before ct. (Entered: 04/25/1990)

April 23, 1990
145

Affidavit of Carrie L. Sandbaken Hill (mp) (Entered: 04/24/1990)

April 24, 1990
147

Objections by Gary Deland, Gerald Cook to proposed order (mp) (Entered: 04/25/1990)

April 24, 1990
148

Notice of Hearing:, miscellaneous hearing re: obj to pltf proposed order re: Mag rulings at April 23 hrg set for 2:30 4/26/90 for [148-1] notice hearing (mp) (Entered: 04/25/1990)

April 24, 1990
150

Designation of Experts filed by Gary Deland, Gerald Cook (mp) (Entered: 04/30/1990)

April 27, 1990
151

Response by Kenneth L. Baker, et al to [135-1] motion for partial summary judgment (mp) (Entered: 04/30/1990)

April 30, 1990
152

Motion by Thomas R. Humphries, to withdraw as cnsl by Michael K. Mohrman (mp) (Entered: 05/02/1990)

May 1, 1990
153

Motion by Kenneth L. Baker, et al, to continue trial date of 5/21/90 (mp) (Entered: 05/04/1990)

May 3, 1990
154

Notice of Hearing:, Motion hearing set for 1:30 5/15/90 for [153-1] motion to continue trial date of 5/21/90 before RNB (mp) (Entered: 05/08/1990)

May 7, 1990
155

Notice by Gary Deland, Gerald Cook to take deposition of Bonnie Norman 5/12/90 2:00 (mp) (Entered: 05/09/1990)

May 8, 1990
156

Notice of Hearing:, Motion hearing set for 3:00 5/9/90 for [153-1] motion to continue trial date of 5/21/90 before RNB (mp) (Entered: 05/09/1990)

May 8, 1990
157

Notice by Gary Deland, Gerald Cook to take deposition of Bonnie Norman 5/11/90 2:00 (mp) (Entered: 05/09/1990)

May 8, 1990
158

Minute entry:, Motion hearing , Motion hearing set for 3:00 5/9/90 for [153-1] motion to continue trial date of 5/21/90 (Entered: 05/09/1990)

May 9, 1990
159

Memorandum by Gary Deland, Gerald Cook in opposition to [153-1] motion to continue trial date of 5/21/90 (mp) (Entered: 05/09/1990)

May 9, 1990
160

Stipulation by Gary Deland, Gerald Cook, to dismiss (mp) (Entered: 05/11/1990)

May 11, 1990
161

Minute entry:, bench trial set for 10:00 7/16/90 (Entered: 05/14/1990)

May 11, 1990
162

Order granting [160-1] stipulation motion to dismiss all allegations in the second amended complt which relate to housing areas A-East and A- West in the Wasatch Unit of the Utah State Prison are dismissed, no cause of action, each party to bear their own costs and fees. signed by JTG (mp) (Entered: 05/15/1990)

May 11, 1990
163

Notice of Hearing:, bench trial set for 10:00 8/6/90 before RNB (mp) (Entered: 05/16/1990)

May 15, 1990
164

Minute entry:, bench trial set for 10:00 8/6/90 (Entered: 05/17/1990)

May 16, 1990
165

Order signed by RNB re: pltf mot/sanctions is GRANTED and with other relief set forth in order; cnsl for pltf are awarded $300.00 representing their reasonable fees associated with the mot/sanctions (mp) (Entered: 05/22/1990)

May 22, 1990
166

Order granting [153-1] motion to continue trial date of 5/21/90, bench trial set for 10:00 8/6/90 before RNB signed by RNB (mp) (Entered: 05/22/1990)

May 22, 1990
167

Certificate of service by Gary Deland, Gerald Cook of req for admissions and interrog (mp) (Entered: 06/01/1990)

May 31, 1990
168

Supplementary Designation of Experts filed by Gary Deland, Gerald Cook (mp) (Entered: 06/11/1990)

June 8, 1990
169

Memorandum by Gary Deland, Gerald Cook in support of mot/compel (mp) (Entered: 06/15/1990)

June 14, 1990
170

Motion by Gary Deland, Gerald Cook, to compel (mp) (Entered: 06/18/1990)

June 15, 1990
171

Notice of Hearing:, Motion hearing set for 2:30 6/22/90 for [170-1] motion to compel before RNB (mp) (Entered: 06/19/1990)

June 18, 1990
172

Answer to Interrogatories and req for prod of doc by Kenneth L. Baker, et al (mp) (Entered: 06/20/1990)

June 19, 1990
173

Motion by Gary Deland, Gerald Cook, to compel answers to def interrog (mp) (Entered: 06/21/1990)

June 20, 1990
174

Memorandum by Gary Deland, Gerald Cook in support of [173-1] motion to compel answers to def interrog (mp) (Entered: 06/21/1990)

June 20, 1990
175

Motion by Gary Deland, Gerald Cook, for Kent Barry to withdraw as attorney (mp) (Entered: 06/21/1990)

June 21, 1990
176

Notice by Gary Deland, Gerald Cook to take deposition of Kerry Ross born 7/2/90 11:00 (mp) (Entered: 06/25/1990)

June 22, 1990
177

Motion by Gary Deland, Gerald Cook, to take depo of inmates at the Utah State Prison (mp) (Entered: 06/25/1990)

June 22, 1990
179

Minute entry:, Motion hearing held for [170-1] motion to compel granting [170-1] motion to compel. Rule 9(h) Conf. set for 6-26-90 at 9:00 a.m. bet. parties. (Entered: 06/27/1990)

June 22, 1990
180

Order signed by RNB re: parties hold a Rule 9H) conf on 6/26/90 at 9:00 AM or thereafter (mp) (Entered: 06/27/1990)

June 25, 1990
181

Order granting [177-1] motion to take depo of inmates at the Utah State Prison signed by RNB (mp) (Entered: 06/27/1990)

June 25, 1990
178

Amended Notice by Gary Deland, Gerald Cook to take deposition of Kerry Ross Born 7/2/90 9:30 AM (mp) (Entered: 06/27/1990)

June 26, 1990
182

Return of service executed as to Robert Miles Hall 6/28/90; Roy Droddy exec 6/28/90; Thomas R. Humphries exec 6/28/90; Harvey Dorton exec 6/28/90; Dean Christiansen exec 6/28/90; Kerry Ross boren exec 6/28/90 (mp) (Entered: 07/03/1990)

July 2, 1990
183

Pltf Response to Discovery Re: def req for admission (mp) (Entered: 07/05/1990)

July 3, 1990
185

Amended Notice by Gary Deland, Gerald Cook to take deposition of Ward Duel 7/18/90 9:30 (mp) (Entered: 07/09/1990)

July 6, 1990
186

Notice of Hearing:, Motion hearing set for 2:00 7/16/90 for [173-1] motion to compel answers to def interrog before RNB (mp) (Entered: 07/10/1990)

July 9, 1990
187

Answer to Second set of Interrogatories by Kenneth L. Baker, et al, Thomas R. Humphries (mp) (Entered: 07/12/1990)

July 11, 1990
188

Notice of filing of request for judicial notice by Kenneth L. Baker, et al, Thomas R. Humphries (mp) (Entered: 07/12/1990)

July 11, 1990
189

Minute entry:, Motion hearing held for [173-1] motion to compel answers to def interrog granting [173-1] motion to compel answers to def interrog. - Atny fees granted to Def. for having to bring motion to the court. (Entered: 07/17/1990)

July 16, 1990
190

Memorandum by Gary Deland, Gerald Cook in opposition to [188-1] file notice of request for judicial notice (mp) (Entered: 07/18/1990)

July 17, 1990
192

Motion by Kenneth L. Baker, et al, Thomas R. Humphries, re: Pltfs' attendance at trial (Entered: 08/03/1990)

July 30, 1990
193

Response to Discovery Re: Supplement to pla answers to defs interrogs (1st set) (Entered: 08/03/1990)

July 30, 1990
191

Motion by Kenneth L. Baker, et al, re testimony of Dr. Ray Liedig, MD (Entered: 08/01/1990)

July 31, 1990
194

Trial briefs by Gary Deland, Gerald Cook (Entered: 08/06/1990)

Aug. 3, 1990
195

Order granting [192-1] motion re: Pltfs' attendance at trial signed by RNB (Entered: 08/06/1990)

Aug. 3, 1990
197

Minute entry: Bench Trial held - Testimony/evidence offered. Proceeding continued until 8/8/90 at 9:00 a.m.; Court Reporter: electronic (Entered: 08/15/1990)

Aug. 7, 1990
196

Minute entry:, bench trial held ; Court Reporter: electronic. Testimony/evidence offered. Continued until 8/7/90 at 9:00 a.m. (Entered: 08/15/1990)

Aug. 8, 1990
198

Minute entry: Bench trial held. Testimony/evidence offered. proceedings continued until 8/10/90; Court Reporter: electronic (Entered: 08/15/1990)

Aug. 8, 1990
199

Minute entry: Bench trial continued. Testimony/evidence offered. Trial recessed until 9-24-90 at 1:30 p.m.; Court Reporter: electronic (Entered: 08/15/1990)

Aug. 10, 1990

Deposition of Ward C. Duel, 5/1/90 (Entered: 08/20/1990)

Aug. 20, 1990
200

Supplemental Designation of Experts filed by Gary Deland, Gerald Cook (Entered: 09/19/1990)

Sept. 18, 1990
201

Objections by Kenneth L. Baker, et al to defs supplemental design of expert witnesses (Entered: 09/20/1990)

Sept. 19, 1990

Transcript of Proceedings for dates of 8/6/90, Vol I; ,8/8/90 (Entered: 09/21/1990)

Sept. 20, 1990
202

Notice of filing [201-1] objection re: supplemental design of expert witnesses by Gary Deland, Gerald Cook (Entered: 09/21/1990)

Sept. 20, 1990
203

Motion by Gary Deland, Gerald Cook, to inspect the Wasatch Unit of the Utah State Prison (Entered: 09/24/1990)

Sept. 20, 1990
204

Memorandum by Gary Deland, Gerald Cook in support of [203-1] motion to inspect the Wasatch Unit of the Utah State Prison (Entered: 09/24/1990)

Sept. 20, 1990

Transcript of Proceedings for dates of 8/7/90, 8/9/90 (Entered: 09/24/1990)

Sept. 21, 1990

State / Territory: Utah

Case Type(s):

Prison Conditions

Key Dates

Filing Date: April 28, 1986

Closing Date: 2004

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Inmates in the Wasatch Unit of the Utah State Prison, subjected to double bunking.

Public Interest Lawyer: Yes

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Utah State Prison, State

Utah Department of Corrections, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 1986 - 2004

Content of Injunction:

Preliminary relief granted

Issues

General:

Conditions of confinement