Case: Turay v. Seling

2:91-cv-00664 | U.S. District Court for the Western District of Washington

Filed Date: May 14, 1991

Closed Date: Jan. 29, 2009

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Case Summary

On May 14, 1991, an inmate at the Washington Special Commitment Center (SCC) at McNeil Island, Washington, filed a pro se lawsuit under 42 U.S.C. § 1983 against the Washington State Department of Corrections in the U.S. District Court for the Western District of Washington. SCC was a treatment center for sexually violent criminals, and the plaintiff alleged that his constitutional rights had been violated by various conditions of his confinement, including inadequate mental health treatment.On…

On March 28, 1994, the jury decided in favor of the defendants on all but one of the plaintiff's claims. The jury found that the defendants had failed to provide the plaintiff with constitutionally adequate mental health treatment. The U.S. District Court for the Western District of Washington (Judge William L. Dwyer) appointed Janice K. Marques to be Special Master and issued an injunction requiring the defendants to bring the SCC treatment program into compliance with constitutional standards. By October 15, 1996, the district court (Judge Dwyer) had permitted ten other male SCC inmates to intervene as plaintiffs for the limited purpose of participating in the administration and enforcement of the injunction. In doing this, the court consolidated the following cases with this action: Sharp v. Weston, Pedersen v. Hill, Hall v. Quasim, and Petersen v. Dehmer.

On February 15, 1996, and January 3, 1997, the plaintiffs asked the district court to hold the defendants in contempt for failure to comply with the court's order. The defendants replied by asking the court to dissolve the injunction. On February 5, 1997, the district court (Judge Dwyer) denied both motions. The court concluded that progress had been made, but that more remained to be done before full compliance was achieved.

On May 2, 1997, the district court noted that Laura McCollum had recently been committed to SCC as the facility's first female inmate, and granted her leave to intervene in the lawsuit. McCollum asked the court to enforce the injunction with regard to her by placing her in a treatment facility where she would not be the sole female resident, where she would not be housed with males, and where her treatment plan would not require her to participate in therapy with male sex offenders. On June 10, 1997, the district court (Judge Dwyer) granted her motion and ordered the defendants move her to a facility with the aforementioned specifications. The defendants appealed that order.

On October 20, 1998, the U.S. Court of Appeals for the Ninth Circuit (Judge William W. Schwarzer) reversed the district court's decision to allow McCollum to intervene in the case, determining that she was not sufficiently similarly situated to the male plaintiffs to allow her to intervene. Cunningham v. David Special Commitment Center, 158 F.3d 1035 (9th Cir. 1998).

On November 15, 1999, the district court (Judge Dwyer) held the defendants in contempt of court for failure to take all reasonable steps within their power to comply with the 1994 injunction. As a sanction, the court ordered the defendants to pay into the registry of the court $50 per day per resident, beginning on May 1, 2000, unless the court determined that injunction compliance was complete or substantially complete before that day. The court later moved that date to May 8, 2000.

On May 5, 2000, the district court (Judge Dwyer) held that, despite having made progress, the defendants continued to provide constitutionally inadequate mental health treatment to the plaintiffs. The court denied the defendants' motion to dismiss the injunction, and partially granted the plaintiff's motion for contempt sanctions. In light of the progress that had been made, the court modified the contempt order, ruling that the monetary sanctions would accrue as previously determined, but that the court would not order those sanctions to be payable unless the defendants ceased to comply with the court's orders. Turay v. Seling, 108 F. Supp. 2d 1148 (W.D. Wash. 2000). The defendants appealed. On November 30, 2000, the Ninth Circuit (Judge Michael Daly Hawkins) affirmed the district court's decision. Sharp v. Weston, 233 F.3d 1166 (9th Cir. 2000).

The defendants again asked the district court to dissolve the injunction. On December 20, 2000, the district court (Judge Dwyer) found that the defendants were still not in compliance with the injunction and denied the defendants' request. The defendants appealed. On June 27, 2001, the Ninth Circuit (Judge James Robert Browning, Judge John Clifford Wallace, and Judge Thomas G. Nelson) dismissed the appeal, finding that they did not have jurisdiction over it. Turay v. Anderson, 12 F. App'x 618 (9th Cir. 2001).

On September 20, 2001, the district court (Judge Dwyer) accepted the resignation of Special Master Janice K. Marques. On January 18, 2002, the case was reassigned to Judge Barbara J. Rothstein due to Judge Dwyer's declining health. On July 6, 2004, the case was reassigned to Judge Ricardo Martinez. The court continued to hold annual compliance hearings and review status reports through March 2007. On March 23, 2007, the district court (Judge Ricardo S Martinez) granted the defendants' motion to dissolve the injunction in its entirety, and dismissed the case. Turay v. Richards, No. C91-0664RSM, 2007 WL 983132 (W.D. Wash. Mar. 23, 2007).

On January 29, 2009, the United States Court of Appeals for the Ninth Circuit affirmed the dissolution of the injunction. The court held that, despite "discouraging trends" in the facility's treatment program, the district court did not abuse its discretion in refusing to reinstate injunctive relief or in vacating the remaining condition of the consent decree, as the present conditions comported with acceptable professional standards. Turay v. Richards, No. 07-35309, 2009 WL 229838 (9th Cir. Jan. 29, 2009), cert. denied, 558 U.S. 826 (2009).

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Summary Authors

Kristen Sagar (6/13/2006)

Dan Whitman (3/6/2015)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4673474/parties/richard-turay-v-henry-richards-phd/

Judge(s)

Browning, James Robert (California)

Brunetti, Melvin T. (Nevada)

Attorney for Plaintiff

Begay, Paul (Washington)

Attorney for Defendant

Anderson, Pamela H. (Washington)

Barron, Jillian (Washington)

Expert/Monitor/Master

Judge(s)

Browning, James Robert (California)

Brunetti, Melvin T. (Nevada)

Dwyer, William Lee (Washington)

Hawkins, Michael Daly (Arizona)

Lasnik, Robert S. (Washington)

Martinez, Ricardo S. (Washington)

Nelson, Thomas G. (Idaho)

Rawlinson, Johnnie B. (Nevada)

Schwarzer, William W (California)

Wallace, John Clifford (California)

Attorney for Plaintiff

Begay, Paul (Washington)

Donaghe, Sam (Washington)

Jones, Karen F. (Washington)

Luna, Felix (Washington)

Lundahl, Donald Boyette (Washington)

Moughon, Caitlin J. (Washington)

Phillips, John Wentworth (Washington)

Rath, Lori K. (Washington)

Turay, Richard G. (Washington)

Attorney for Defendant

Anderson, Pamela H. (Washington)

Barron, Jillian (Washington)

Canova, Gregory P. (Washington)

Capps, Janet Leigh (Washington)

Coats, Sarah (Washington)

Croft, Allison Margaret (Washington)

Croll, Stephanie E. (Washington)

Eldred, David J. (Washington)

Golan, Alex (Washington)

Gregoire, Christine O. (Washington)

Hamilton, Donna J. (Washington)

Hendricks, Catherine (Washington)

Isaki, Lucy (Washington)

Kuffel, Thomas William (Washington)

Lackie, Hugh T. (Washington)

Lang, Timothy Norman (Washington)

Marshall, Ronald S. (Washington)

Meyer, Jennifer Smith (Washington)

Perry, Mary Farver (Washington)

Pheasant, Joann L. (Washington)

Ryan, Terrence James (Washington)

Smith, Jennifer L. (Washington)

Stanhope, Allison Margaret (Washington)

Tanner, Terry E. (Washington)

Vanscoy, Douglas W. (Washington)

Washington, Christopher A. (Washington)

Wyckoff, Martin E. (Washington)

Expert/Monitor/Master

Cross, John L. (Washington)

Mandel, Judith M. (Washington)

Opgenorth, Mary (Washington)

Rarick, Penny (Washington)

Reimer, Joel S. (Washington)

Younker, Rodney B. (Washington)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
2:94-cv-00121	Docket (PACER) Sharp v. Riveland	July 31, 2000	July 31, 2000 Docket
2:91-cv-01128	Docket Turay v. Weston	Aug. 19, 2003	Aug. 19, 2003 Docket
2:94-cv-00211	Docket (PACER) Pedersen v. Hill	Aug. 19, 2003	Aug. 19, 2003 Docket
2:95-cv-01111	Docket (PACER) Hall v. Soliz	Aug. 19, 2003	Aug. 19, 2003 Docket
2:96-cv-00415	Docket (PACER) Petersen v. Soliz	Aug. 19, 2003	Aug. 19, 2003 Docket
2:91-cv-00664	Docket (PACER) Turay v. Henry Richards, Ph.D.	April 18, 2007	April 18, 2007 Docket
2:91-cv-00664	Docket Turay v. Richards	Nov. 17, 2014	Nov. 17, 2014 Docket
97-35494 97-35618	Reported Opinion Cunningham v. David Special Commitment Center U. S. Court of Appeals for the Ninth Circuit	Oct. 20, 1998	Oct. 20, 1998 Order/Opinion
1099 2:91-cv-00664 2:94-cv-00221 2:94-cv-00121 2:95-cv-01111 2:96-cv-00415	Stipulation and order re Sharp Plaintiff's Entitlement to Additional Attorneys' fees	April 12, 1999	April 12, 1999 Order/Opinion
1249 2:91-cv-00664 2:94-cv-00221 2:94-cv-00121 2:95-cv-01111 2:96-cv-00415	Findings of fact, conclusions of law and order re motions heard Oct. 19-21, 1999	Nov. 15, 1999	Nov. 15, 1999 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4673474/richard-turay-v-henry-richards-phd/

Last updated Oct. 4, 2023, 3 a.m.

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ECF Number	Description	Date	Link Date / Link
	PROPOSED PRISONER CIVIL RIGHTS COMPLAINT; IFP applications (dktclk) (Entered: 02/15/1994)	Feb. 9, 1994	Feb. 9, 1994
	ENT-IFP deficiencies for plaintiffs Campbell, Turay, Aqui and Beard; must be corrected by 3/16/94 (dktclk) (Entered: 02/15/1994)	Feb. 15, 1994	Feb. 15, 1994
	ENT-correction to deficiency received from Curtis Beard (dktclk) (Entered: 02/18/1994)	Feb. 17, 1994	Feb. 17, 1994
	ENT-correction to deficiency received from Richard Turay (dktclk) (Entered: 02/18/1994)	Feb. 17, 1994	Feb. 17, 1994
	ENT-correction to IFP deficiency received from J. Aqui (dktclk) (Entered: 02/22/1994)	Feb. 19, 1994	Feb. 19, 1994
	ENT-correction to IFP deficiency received from E. Campbell (dktclk) (Entered: 02/22/1994)	Feb. 19, 1994	Feb. 19, 1994
	PROPOSED Affidavit of Randy Pedersen, Elmer Campbell and Richard Turay (dktclk) (Entered: 02/23/1994)	Feb. 23, 1994	Feb. 23, 1994
1	ORDER by Judge Thomas S. Zilly DENYING Andre B. Young's Application to Proceed IFP; returned IFP application to pltf Young (cc: pltf Young, TSZ, PKS) (dktclk) (Entered: 03/14/1994)	March 11, 1994	March 11, 1994
2	ORDERS by Magistrate Judge John L. Weinberg GRANTING IFP applications for pltfs Randy Pedersen,Gilbert Soliz, Joseph Aqui, Curtis Beard, Richard Turay and Elmer Campbell (cc: all counsel, individually) (dktclk) (Entered: 03/15/1994)	March 15, 1994	March 15, 1994
4	EXHIBITS A-C (Affidavit of Randy Pedersen, Elmer Campbell, Richard Turay) (dktclk) (Entered: 03/15/1994)	March 15, 1994	March 15, 1994
5	ORDER by Judge Thomas S. Zilly of reference to Magistrate Judge David E. Wilson (cc: all counsel, DEW, TSZ) (dktclk) (Entered: 03/16/1994)	March 16, 1994	March 16, 1994
8	PRAECIPE: by plaintiff Randy Pedersen to attached exhibits D,E,F & G to the complaint (cc to DEW) (dktclk) (Entered: 03/29/1994)	March 22, 1994	March 22, 1994
6	ORDER by Judge Thomas S. Zilly dismissing plaintiff Andre B. Young from case for failure to pay filing fee (cc: all counsel, DEW, TSZ) (dktclk) (Entered: 03/23/1994)	March 23, 1994	March 23, 1994
7	ORDER Dismissing Complaint with Leave to Amend by Judge Thomas S. Zilly ; must file an amended complaint w/in 30 days of the date of this order (cc: all counsel, DEW, TSZ) (dktclk) (Entered: 03/23/1994)	March 23, 1994	March 23, 1994
9	MINUTE ORDER: by Magistrate Judge David E. Wilson. Ct received exhibits on 3/22/94; these documents will not be considered until after the Ct receives proof that exhibits have been served on cnsl for Dfts. (cc: all counsel) (dktclk) (Entered: 04/01/1994)	April 1, 1994	April 1, 1994
10	AMENDED PRISONER CIVIL RIGHTS CLASS ACTION COMPLAINT (dktclk) (Entered: 04/11/1994)	April 1, 1994	April 1, 1994
11	ORDER by Magistrate Judge David E. Wilson Directing Service by First Class Mail and Procedures; served dfts and King Cty Pros. on 4/11/94; General Order sent (cc: all counsel, dfts, King Cty Pros., TSZ, DEW) (dktclk) (Entered: 04/11/1994)	April 4, 1994	April 4, 1994
12	AFFIDAVIT OF SERVICE by plaintiff Randy Pedersen of amended complaint [10-1] (dktclk) (Entered: 04/11/1994)	April 8, 1994	April 8, 1994
	ENT- returned mail; service package addressed to dft Tim Hill returned and marked as "no longer here"; cc: DEW (dktclk) (Entered: 04/19/1994)	April 14, 1994	April 14, 1994
13	ATTORNEY APPEARANCE for defendant Tim Hill, defendant Gary Lock, defendant Art Wallenstein, defendant John Doe by Mary Farver Perry, Thomas W Kuffel (dktclk) (Entered: 04/27/1994)	April 27, 1994	April 27, 1994
14	AFFIDAVIT OF SERVICE by defendant Tim Hill, defendant Gary Lock of attorney appearance [13-1] (dktclk) (Entered: 04/27/1994)	April 27, 1994	April 27, 1994
20	WAIVER OF SERVICE of summons upon defendant Gary Lock, defendant Art Wallenstein mailed on 4/11/94 (dktclk) (Entered: 05/24/1994)	May 18, 1994	May 18, 1994
15	MOTION by plaintiff Randy Pedersen for leave to add Dfts noted for 6/10/94 (dktclk) (Entered: 05/19/1994)	May 19, 1994	May 19, 1994
16	MEMORANDUM by plaintiff Randy Pedersen in support of motion for leave to add Dfts [15-1] (dktclk) (Entered: 05/19/1994)	May 19, 1994	May 19, 1994
17	MOTION by plaintiff Randy Pedersen for leave to include exhibits H,I,J,K,L into discovery noted for 6/10/94 (dktclk) (Entered: 05/19/1994)	May 19, 1994	May 19, 1994
18	MEMORANDUM by plaintiff Randy Pedersen in support of motion for leave to include exhibits H,I,J,K,L into discovery [17-1] (dktclk) (Entered: 05/19/1994)	May 19, 1994	May 19, 1994
19	AFFIDAVIT OF SERVICE by plaintiff Randy Pedersen of motion for leave to add Dfts [15-1] etc (dktclk) (Entered: 05/19/1994)	May 19, 1994	May 19, 1994
21	MOTION by plaintiff Randy Pedersen, plaintiff Elmer Campbellet al for appointment of counsel noted for 6/17/94 (dktclk) (Entered: 05/25/1994)	May 25, 1994	May 25, 1994
22	MEMORANDUM by plaintiff Randy Pedersen, plaintiff Elmer Campbell et al in support of motion for appointment of counsel [21-1] (dktclk) (Entered: 05/25/1994)	May 25, 1994	May 25, 1994
23	AFFIDAVIT OF SERVICE by plaintiff Randy Pedersen, plaintiff Elmer Campbell et al of motion for appointment of counsel [21-1] (dktclk) (Entered: 05/25/1994)	May 25, 1994	May 25, 1994
24	ATTORNEY APPEARANCE for defendant Tim Hill, defendant Gary Lock, defendant Art Wallenstein, defendant John Doe by Thomas W Kuffel (dktclk) (Entered: 06/01/1994)	May 26, 1994	May 26, 1994
25	AFFIDAVIT OF SERVICE by defendant Gary Lock, defendant Art Wallenstein et al of attorney appearance [24-1] (dktclk) (Entered: 06/01/1994)	May 26, 1994	May 26, 1994
26	ORDER by Magistrate Judge David E. Wilson DENYING Pla's motion for appointment of counsel [21-1] (cc: all counsel, DEW, TSZ) (dktclk) (Entered: 06/01/1994)	May 31, 1994	May 31, 1994
27	ANSWER to amended complaint [10-1] by defendant Tim Hill, defendant Gary Lock, defendant Art Wallenstein, defendant John Doe (dktclk) (Entered: 06/09/1994)	June 6, 1994	June 6, 1994
28	NOTICE by defendant Tim Hill, defendant Gary Lock, defendant Art Wallenstein, defendant John Doe of ASSOCIATION OF ATTORNEY of Thomas W. Kuffel with Mary F. Perry (dktclk) (Entered: 06/09/1994)	June 6, 1994	June 6, 1994
29	RESPONSE by defendants to motion for leave to include exhibits H-L into discovery [17-1], and motion for leave to add Dfts [15-1] (dktclk) (Entered: 06/09/1994)	June 6, 1994	June 6, 1994
30	AFFIDAVIT OF SERVICE by defendants of motion response [29-1] (dktclk) (Entered: 06/09/1994)	June 6, 1994	June 6, 1994
31	ORDER RE: PRETRIAL PREPARATIONS by Magistrate Judge David E. Wilson. Discovery ddl set for 9/22/94; Mtn filing ddl set for 10/21/94 Pla's pretrial statement due 12/21/94. Dft's pretrial statement due 1/21/95 (cc: all counsel) (dktclk) (Entered: 06/23/1994)	June 23, 1994	June 23, 1994
267	ATTORNEY APPEARANCE for defendants in 2:91-cv-00664 by Sarah Jane Coats-cnsl (MD) (Entered: 10/17/1994)	Oct. 14, 1994	Oct. 14, 1994 PACER
268	NOTICE by defendants in 2:91-cv-00664 re: resistance to motion for new trial on issue of damages (MD) (Entered: 10/17/1994)	Oct. 14, 1994	Oct. 14, 1994 PACER
269	MEMORANDUM by defendant in 2:91-cv-00664 in opposition to motion for new trial on issue of damages [265-1] (MD) (Entered: 10/17/1994)	Oct. 14, 1994	Oct. 14, 1994 PACER
270	AFFIDAVIT OF SERVICE by defendant in 2:91-cv-00664 of attorney appearance et al [267-1] (MD) (Entered: 10/17/1994)	Oct. 14, 1994	Oct. 14, 1994 PACER
271	REPLY by plaintiff Richard Garrett Turay in 2:91-cv-00664 in support of motion for new trial on issue of damages [265-1] (MD) (Entered: 10/21/1994)	Oct. 20, 1994	Oct. 20, 1994 PACER
33	MOTION by defendant Tim Hill, defendant Gary Lock et al for summary judgment noted for 11/18/94 (dktclk) (Entered: 10/24/1994)	Oct. 21, 1994	Oct. 21, 1994
34	MEMORANDUM by defendant Tim Hill, defendant Gary Lock et al in support of motion for summary judgment [33-1] (dktclk) (Entered: 10/24/1994)	Oct. 21, 1994	Oct. 21, 1994
35	DECLARATION of Thomas W Kuffel re motion for summary judgment [33-1] (dktclk) (Entered: 10/24/1994)	Oct. 21, 1994	Oct. 21, 1994
36	AFFIDAVIT OF SERVICE by defendant Tim Hill, defendant Gary Lock of motion for summary judgment [33-1] etc (dktclk) (Entered: 10/24/1994)	Oct. 21, 1994	Oct. 21, 1994
	LODGED ORDER: re: motion for summary judgment [33-1] (dktclk) (Entered: 10/24/1994)	Oct. 21, 1994	Oct. 21, 1994
37	MOTION by plaintiff Randy Pedersen for reconsideration on Plas mtn for appointment of cnsl noted for 10/28/94 (dktclk) (Entered: 10/24/1994)	Oct. 22, 1994	Oct. 22, 1994
38	MEMORANDUM by plaintiff Randy Pedersen in support of motion for reconsideration on Plas mtn for appointment of cnsl [37-1] (dktclk) (Entered: 10/24/1994)	Oct. 22, 1994	Oct. 22, 1994
39	AFFIDAVIT of Joel S Reimer in support of motion for reconsideration on Plas mtn for appointment of cnsl [37-1] (dktclk) (Entered: 10/24/1994)	Oct. 22, 1994	Oct. 22, 1994
40	AFFIDAVIT of Randy Pedersen in support of motion for reconsideration on Plas mtn for appointment of cnsl [37-1] (dktclk) (Entered: 10/24/1994)	Oct. 22, 1994	Oct. 22, 1994
272	ORDER by Judge William L. Dwyer DENYING motion for new trial on issue of damages [265-1] (cc: counsel, Judge, pltf) (MD) (Entered: 10/28/1994)	Oct. 28, 1994	Oct. 28, 1994 PACER
41	ORDER by Magistrate Judge David E. Wilson DENYING Pla's motion for reconsideration on Plas mtn for appointment of cnsl [37-1] (cc: counsel, Judge, DEW) (dktclk) (Entered: 11/03/1994)	Nov. 3, 1994	Nov. 3, 1994
392	MINUTES: WLD; Dep Clerk: Eileen; CR: S. Broscheid. Status and scheduling conference held on 11/6/95 as to Special Commitment Center Cases. Court to issue order with rulings. (MD) (Entered: 11/15/1995)	Nov. 14, 1994	Nov. 14, 1994 PACER
273	MOTION by plaintiff in 2:91-cv-00664 for appointment of counsel re: appeal noted for 12/2/94 (MD) (Entered: 11/15/1994)	Nov. 15, 1994	Nov. 15, 1994 PACER
274	ORDER by Judge William L. Dwyer re: motion for appointment of cnsl and extension of time to file appeal. Letter received on 11/3/94 is deemed a motion for court appointed cnsl for the appeal and is noted for 12/2/94 and opening brief is due on 11/21/94 and response is due on 11/28/94 and reply due on 12/1/94. The time for pltf to file a notice of appeal is extended to Dec 27, l994. (cc: counsel, Judge) (MD) (Entered: 11/15/1994)	Nov. 15, 1994	Nov. 15, 1994 PACER
275	MINUTES: WLD; Dep Clerk: Eileen; Discussion re: Special Mater's work held on 11/18/94. (MD) (Entered: 11/18/1994)	Nov. 18, 1994	Nov. 18, 1994 PACER
278	NOTICE OF APPEAL by plaintiff Richard Garrett Turay in 2:91-cv-00664 from Dist. Court decisions [263, 271]. (cc: CCA, Judge, counsel) (dktclk) (Entered: 11/29/1994)	Nov. 18, 1994	Nov. 18, 1994 PACER
279	APPLICATION (Motion) by plaintiff Richard Garrett Turay for IFP on appeal (IFP already granted 8/20/91) (dktclk) (Entered: 11/29/1994)	Nov. 18, 1994	Nov. 18, 1994 PACER
280	AFFIDAVIT of Richard G. Turay in support of IFP application [279-1] (dktclk) (Entered: 11/29/1994)	Nov. 18, 1994	Nov. 18, 1994 PACER
	NO APPEAL FEE RECEIVED: 8/20/91 order in C 91-1128 WLD grants IFP status. (dktclk)	Nov. 18, 1994	Nov. 18, 1994 PACER
276	LETTER by plaintiff Richard Garrett Turay in 2:91-cv-00664 re: requesting cnsl for his appeal (MD) (Entered: 11/29/1994)	Nov. 22, 1994	Nov. 22, 1994 PACER
277	RESPONSE by plaintiff's cnsl in 2:91-cv-00664 to motion for appointment of counsel re: appeal [273-1] and extension of appeal deadline (MD) (Entered: 11/29/1994)	Nov. 28, 1994	Nov. 28, 1994 PACER
	APPEAL NOTIFICATION packet sent to CCA (cc: cnsl) (dktclk)	Nov. 29, 1994	Nov. 29, 1994 PACER
281	AFFIDAVIT OF SERVICE by defendant David Weston in 2:91-cv-00664 of defts response to pltfs response to issues re: motion for appointment of counsel re: appeal [273-1] (MD) (Entered: 11/30/1994)	Nov. 30, 1994	Nov. 30, 1994 PACER
282	RESPONSE by defendant in 2:91-cv-00664 to pltf's cnsl response to issues identified in court order of 11/15/94 [273-1] (MD) (Entered: 12/02/1994)	Nov. 30, 1994	Nov. 30, 1994 PACER
283	LETTER by plaintiff Richard Garrett Turay in 2:91-cv-00664 re: prison life w/attachments (MD) (Entered: 12/05/1994)	Dec. 2, 1994	Dec. 2, 1994 PACER
284	TIME SCHEDULE ORDER (CCA): transcript order due 12/19/94; RT due 1/18/95; open.br. and excerpts due 3/6/95; resp.br. due 4/5/95; optional reply br. due within 14 days of svc. of resp.br. (dktclk) (Entered: 12/14/1994)	Dec. 8, 1994	Dec. 8, 1994 PACER
	NOTIFICATION by Circuit Court of Appellate Docket Number 94-36169 (dktclk)	Dec. 8, 1994	Dec. 8, 1994 PACER
285	STATEMENT/FIRST PRELIMINARY REPORT of Special Master (MD) (Entered: 12/16/1994)	Dec. 15, 1994	Dec. 15, 1994 PACER
286	ORDER by Judge William L. Dwyer, Granting the motion for appointment of cnsl re: appeal and referring to Magistrate Judge John L. Weinberg the appointment of counsel re: appeal [273-1] (cc: counsel, Judge, JLW) (MD) Modified on 01/03/1995 (Entered: 12/22/1994)	Dec. 22, 1994	Dec. 22, 1994 PACER
287	ORDER by Judge William L. Dwyer approving first, preliminary report of special master (cc: counsel, Judge, Dr. Janice K. Marques) (MD) (Entered: 12/23/1994)	Dec. 22, 1994	Dec. 22, 1994 PACER
42	ORDER TO SHOW CAUSE by Magistrate Judge David E. Wilson. Clerk is directed to RENOTE Dfts' sum jgm mtn to 1/27/95. Plas must file a response by 1/13/95; reply due 1/20/95. (cc: counsel, Judge) (dktclk) (Entered: 01/03/1995)	Jan. 3, 1995	Jan. 3, 1995
288	TRANSCRIPT DESIGNATION and Ordering Form for dates: 3/15-28/94, 8/2-3/94 (dktclk) (Entered: 01/10/1995)	Jan. 6, 1995	Jan. 6, 1995 PACER
290	ORDER by Judge William L. Dwyer that appeal [11/18/94 Turay] has been taken in good faith. (cc: CCA, counsel, Judge) (dktclk) (Entered: 01/13/1995)	Jan. 9, 1995	Jan. 9, 1995 PACER
43	MOTION by plaintiff Elmer Campbell, plaintiff Curtis Beard to dismiss the following Plas without prejudice: Elmer Campbell, Curtis Beard & Joseph Aqui (dktclk) (Entered: 01/17/1995)	Jan. 11, 1995	Jan. 11, 1995
44	AFFIDAVIT OF SERVICE by plaintiff Joseph Aqui et al of motion to dismiss the following Plas without prejudice: Elmer Campbell, Curtis Beard & Joseph Aqui [43-1] (dktclk) (Entered: 01/17/1995)	Jan. 11, 1995	Jan. 11, 1995
46	RESPONSE(Afdt of Randy Pedersen) by plaintiff Randy Pedersen to show cause order [42] (dktclk) (Entered: 01/17/1995)	Jan. 11, 1995	Jan. 11, 1995
47	RESPONSE in OPPOSITION by plaintiff Randy Pedersen to motion for summary judgment [33-1] (dktclk) (Entered: 01/17/1995)	Jan. 11, 1995	Jan. 11, 1995
48	AFFIDAVIT of Randy Pederson re: motion response re: mtn for sum jgm [47-1] (dktclk) (Entered: 01/17/1995)	Jan. 11, 1995	Jan. 11, 1995
49	AFFIDAVIT OF SERVICE by plaintiff Randy Pedersen of response to show cause order [46-1] etc (dktclk) (Entered: 01/17/1995)	Jan. 11, 1995	Jan. 11, 1995
50	MOTION by plaintiff Randy Pedersen to certify class action noted for 1/27/95 (dktclk) (Entered: 01/17/1995)	Jan. 12, 1995	Jan. 12, 1995
51	MEMORANDUM by plaintiff Randy Pedersen in support of motion to certify class action [50-1] (dktclk) (Entered: 01/17/1995)	Jan. 12, 1995	Jan. 12, 1995
289	ORDER by Magistrate Judge John L. Weinberg appointing counsel from Pro Bono Panel - Don Lundahl (cc: counsel, Judge, Pltf, JLW, Lundahl, Helen) (MD) (Entered: 01/12/1995)	Jan. 12, 1995	Jan. 12, 1995 PACER
52	REPLY BRIEF by defendant Tim Hill, defendant Gary Lock et al re:motion for summary judgment [33-1] (dktclk) (Entered: 01/24/1995)	Jan. 20, 1995	Jan. 20, 1995
53	AFFIDAVIT OF SERVICE by defendant Tim Hill, defendant Gary Lock et al of motion reply re: dismissing case [52-1] (dktclk) (Entered: 01/24/1995)	Jan. 20, 1995	Jan. 20, 1995
54	MINUTE ORDER: by Magistrate Judge David E. Wilson. Dfts' mtn for sum jgm & Plas' mtn to dismiss certain Plas from this action are both noted for 1/27/95. Plas' mtn for class certification is renoted to 2/24/95. (cc: counsel, Judge) (dktclk) (Entered: 01/25/1995)	Jan. 24, 1995	Jan. 24, 1995
55	SUPPLEMENTAL AFFIDAVIT OF SERVICE by defendant re reply brief (RS) Modified on 01/26/1995 (Entered: 01/26/1995)	Jan. 25, 1995	Jan. 25, 1995
291	MOTION to intervene re: Paul Begay, Gilbert Soliz, John Hall, Jerry Sharp, Randy Pedersen and motion to show cause and preliminary injunction to cease and desist noted for 3/3/95 (MD) (Entered: 02/15/1995)	Feb. 11, 1995	Feb. 11, 1995 PACER
292	STATEMENT/SECOND REPORT by Janice K. Marques Ph.D. (MD) (Entered: 02/16/1995)	Feb. 15, 1995	Feb. 15, 1995 PACER
293	ORDER by Judge William L. Dwyer approving second report of special master. (cc: counsel, Judge, Dr. Janice K. Marques) (MD) (Entered: 02/16/1995)	Feb. 16, 1995	Feb. 16, 1995 PACER
56	RESPONSE by defendant Tim Hill, defendant Gary Lock et al to motion to certify class action [50-1] (dktclk) (Entered: 02/24/1995)	Feb. 17, 1995	Feb. 17, 1995
57	AFFIDAVIT OF SERVICE by defendant Tim Hill, defendant Gary Lock of motion response re: mtn for class certification [56-1] (dktclk) (Entered: 02/24/1995)	Feb. 17, 1995	Feb. 17, 1995
58	REPLY by plaintiff Randy Pedersen TO RESPONSE to motion to certify class action [50-1] (dktclk) (Entered: 02/27/1995)	Feb. 23, 1995	Feb. 23, 1995
59	AFFIDAVIT of Randy Pedersen re: motion reply re: mtn for class certification [58-1] (dktclk) (Entered: 02/27/1995)	Feb. 23, 1995	Feb. 23, 1995
294	ORDER by Judge William L. Dwyer DENYING motion to intervene re: Paul Begay, Gilbert Soliz, John Hall, Jerry Sharp, Randy Pedersen and motion to show cause and preliminary injunction to cease and desist [291-1] (cc: counsel, Judge, movants, Dr. Janice K. Marques) (MD) (Entered: 03/03/1995)	March 3, 1995	March 3, 1995 PACER
60	Report and Recommendation regarding motion to certify class action [50- 1], motion to dismiss the following Plas without prejudice: Elmer Campbell, Curtis Beard & Joseph Aqui [43-1], motion for summary judgment [33-1] by Magistrate Judge David E. Wilson noted for 4/14/95 (cc: counsel, Judge) (dktclk) (Entered: 03/28/1995)	March 27, 1995	March 27, 1995
61	Objections to Report and Recommendation AND MTN to amend complaint by plaintiff Randy Pedersen noted for 4/28/95 (dktclk) (Entered: 04/06/1995)	April 6, 1995	April 6, 1995
62	AFFIDAVIT OF SERVICE by plaintiff Randy Pedersen of Objections to Report and Recommendation AND MTN to amend complaint [61-1] (dktclk) (Entered: 04/06/1995)	April 6, 1995	April 6, 1995