Case: Jones'el v. Berge

3:00-cv-00421 | U.S. District Court for the Western District of Wisconsin

Filed Date: Sept. 25, 2000

Closed Date: 2008

Clearinghouse coding complete

Case Summary

On September 25, 2000, prisoners confined at the Supermax Correctional Institution in Boscobel, Wisconsin, and the Waupun Correctional Institution in Waupun, Wisconsin, filed a class action lawsuit under 42 U.S.C. § 1983 in the U.S. District Court for the Western District of Wisconsin against those prisons. The plaintiffs, represented by court appointed counsel and the University of Wisconsin School of Law, asked the court for declaratory, injunctive and monetary relief, alleging that their va…

On September 25, 2000, prisoners confined at the Supermax Correctional Institution in Boscobel, Wisconsin, and the Waupun Correctional Institution in Waupun, Wisconsin, filed a class action lawsuit under 42 U.S.C. § 1983 in the U.S. District Court for the Western District of Wisconsin against those prisons. The plaintiffs, represented by court appointed counsel and the University of Wisconsin School of Law, asked the court for declaratory, injunctive and monetary relief, alleging that their various constitutional rights had been violated. Specifically, the plaintiffs contended that there were constitutional violations at Supermax with respect to (a) conditions of confinement--in particular lighting, lack of sleep, physical conditions, visiting restrictions, monitoring, clothing, recreation, and harm, (b) inadequate medical treatment, including dental care, (c) privacy, (d) access to the courts (in particular mail and the legal room), (e) religion, and (f) various other concerns. Specifically, the plaintiffs contended that there were constitutional violations at Waupun with respect to (a) disciplinary procedures, (b) inadequate medical treatment, (c) conditions of confinement--a lack of hygiene products as well as excessive cold and light, and visitors, and (d) access to the courts.

On September 25, 2000, the District Court (Judge Barbara B. Crabb) denied the plaintiffs' motion for class certification and made various ruling on the plaintiffs' motions to proceed in forma pauperis. 2000 WL 34237510. Judge Crabb held that, since the plaintiffs were not represented by an attorney nor were they themselves attorneys, they could not adequately represent the interests of the class. Judge Crabb also held the plaintiffs joint and severally liable for the filing fee balance.

On August 14, 2001, the District Court (Judge Crabb), recognizing that the plaintiffs had acquired counsel, granted class certification for their claims with respect to medical needs and excessive use of force. 2001 WL 34379611.

On September 18, 2001, the District Court (Judge Crabb) denied the defendants' motion to dismiss for failure to exhaust administrative remedies. Jones'El v. Berge, 172 F. Supp. 1128 (W.D. Wis. Sept. 18, 2001). On October 10, 2001, she granted a preliminary injunction to require defendants not to house mentally ill prisoners at Supermax and to evaluate all prisoners once, and denied the plaintiffs' motion for a preliminary injunction to require an ongoing evaluation of all prisoners. 164 F.2d 1096.

Following the preliminary injunction, the parties negotiated a settlement agreement. On March 8, 2002, Judge Crabb held a fairness hearing and approved the agreement, finding the agreement "achieved a great deal" in ameliorating the most oppressive conditions and concluding that the settlement was "fair, reasonable, lawful and adequate as a resolution to this class action." The settlement agreement left it up to Judge Crabb to define "mental illness" and, after holding hearings on that issue, on June 24, 2002, Judge Crabb entered final judgment approving the agreement.

The settlement agreement restricted the defendants' ability to house mentally ill prisoners, and purported to guarantee all prisoners confined there at least the same rights and privileges of prisoners confined in segregation in other maximum security prisons in the state. Specifically, the defendants agreed to: (1) ease their practice of extreme isolation and sensory deprivation by limiting the time during which prisoners could remain in the highest level of security without cause, and set a strict limit on that time even where cause existed; (2) provide prisoners with (a) out-of-cell exercise, (b) cell shutters and dimming lights, (c) reading material, (d) expanded visitation, and (g) regular showers; (3) reduce the use of physical restraints; (4) increase prisoners' phone privileges; (5) build an outdoor recreational area; (6) regulate cell temperatures; (7) refrain from using certain stunning devices inside cells; and, (8) refrain from punishing prisoners by feeding them "nutri-loaf." A pro se appeal, and litigation with respect to counsel and filing fees, followed.

On September 18, 2002, Judge Crabb denied and stayed a number of motions. 2002 WL 32362655. The named plaintiff apparently had grown discontented with class counsel, but Judge Crabb denied the plaintiffs' motions to alter or amend the judgment, and for an order requiring counsel to turn over records. There was also some other subsequent litigation about individual class members and in forma pauperis status. 2002 WL 32356432, 2002 WL 32349786.

On December 31, 2002, Judge Crabb ordered counsel to draft and submit a proposed order appointing an independent expert to evaluate whether three prisoners at Boscobel could be moved to other prisons. 2002 WL 32341948. More minor orders followed. 2003 WL 23274551; 2003 WL 23198835; 2003 WL 23170805.

On June 20, 2003, the Seventh Circuit Court of Appeals (Judges Daniel A. Manion, Illana Rovner, and Diane P. Wood) affirmed the District Court's June 24, 2002, approval of the settlement agreement. Jones'El v. Berge, 68 Fed. Appx. 738 (7th Cir. 2003). The Court held that the dissenting plaintiffs failed to show that the settlement agreement allowed clearly illegal or unconstitutional conduct to continue, and further held that approval of the settlement was not an abuse of discretion.

The District Court (Judge Crabb) issued several minor orders in Summer and Fall of 2003. 2003 WL 23269345, 2003 WL 23192664, 2003 WL 23100297, 2003 WL 23282609.

After a hearing, Judge Crabb ordered the defendants to air condition certain cells, and to provide plaintiffs' counsel and the monitors with a report on the construction progress of the recreation facility. Judge Crabb denied the plaintiffs' objection to the use of nutri-loaf and motion to replace the monitor. 2003 WL 23109724. She also denied the defendants' motion to stay the order pending appeal. 2004 WL 420157 (W.D. Wis. Feb. 26, 2004).

On July 2, 2004, the Seventh Circuit Court of Appeals (Judge Michael S. Kanne) affirmed the District Court's November 26, 2003, enforcement order. Jones'El v. Berge, 374 F.3d 541 (7th Cir. 2004). The Court held that the District Court's order constituted a "fresh" injunction, rather than simply an interpretation of the consent decree, was an appealable interlocutory order, and that the order was not a grant of "prospective relief" subject to the requirements of the PLRA.

Due to confusion and arguments over certain provisions of the settlement agreement, on March 31, 2006 the Court ordered that the Defendants were to be enjoined from transferring general population prisoners into the Wisconsin Secure Program Facility until the parties negotiated an amended settlement agreement. Jones'El v. Schneiter, 2006 WL 897864 (W.D. Wis. Mar. 31, 2006).

On July 31, 2006, the Court concluded that the facts of the conditions of the prisons and the Defendants' compliance with the settlement agreement were highly contested, and stayed its decision for the parties to conduct further discovery.

On May 1, 2007 the Parties agreed to an amended consent decree in which new definitions of "mentally ill" were reached, and the Defendants agreed, among other things, that seriously mentally ill prisoners would no longer be sent to SMCI. That modified agreement was approved a few days later; among its terms was that the decree would terminate one year after approval.

The Plaintiffs' attorneys and Judge Crabb then exchanged several letters about the progress of the monitoring. The final letter, dated June 12, 2008 and sent by Judge Crabb, confirmed that the case was closed.

Summary Authors

Joshua Arocho (7/11/2012)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/6382301/parties/jones-el-dennis-e-v-schneiter-richard/


Judge(s)

Crabb, Barbara Brandriff (Wisconsin)

Crocker, Stephen L. (Wisconsin)

Kanne, Michael Stephen (Indiana)

Manion, Daniel Anthony (Indiana)

Rovner, Ilana Kara Diamond (Illinois)

Wood, Diane Pamela (Illinois)

Attorneys(s) for Plaintiff

Bhat, Gouri (District of Columbia)

Dickey, Walter (Wisconsin)

Eisenberg, Howard B. (Wisconsin)

Fathi, David Cyrus (District of Columbia)

Judge(s)

Crabb, Barbara Brandriff (Wisconsin)

Crocker, Stephen L. (Wisconsin)

Kanne, Michael Stephen (Indiana)

Manion, Daniel Anthony (Indiana)

Rovner, Ilana Kara Diamond (Illinois)

Wood, Diane Pamela (Illinois)

Attorneys(s) for Plaintiff

Bhat, Gouri (District of Columbia)

Dickey, Walter (Wisconsin)

Eisenberg, Howard B. (Wisconsin)

Fathi, David Cyrus (District of Columbia)

Garvey, Edward R. (Wisconsin)

Hurley, Stephen (Wisconsin)

Layde, Joseph (Wisconsin)

Martines, Micabil Diaz (Wisconsin)

McGillivray, Pamela R. (Wisconsin)

Pabellon, Carlos (Wisconsin)

Shellow, Robin (Wisconsin)

Stoddard, Glenn M. (Wisconsin)

Attorneys(s) for Defendant

Davis, Stan (Wisconsin)

Finkelmeyer, Corey F. (Wisconsin)

Hoornstra, Charles D. (Wisconsin)

McCambridge, James (Wisconsin)

Documents in the Clearinghouse

Document

3:00-cv-00421

Docket [PACER]

Jones'El v. Schneiter

Dec. 13, 2013

Dec. 13, 2013

Docket
5

3:00-cv-00421

Opinion and Order [Re: Filing Fees, Preliminary Matters]

Jones'El v. Berge

2000 WL 34237510

Sept. 25, 2000

Sept. 25, 2000

Order/Opinion

3:00-cv-00421

Declaration of Dr. Terry A. Kupers

Jones'El v. Litscher

Aug. 9, 2001

Aug. 9, 2001

Monitor/Expert/Receiver Report
90

3:00-cv-00421

Opinion and Order [Certifying Class; Adding Parties]

Jones'El v. Berge

2001 WL 34379611, 2001 U.S.Dist.LEXIS 25625

Aug. 14, 2001

Aug. 14, 2001

Order/Opinion
136

3:00-cv-00421

Opinion and Order [Denying Motion to Dismiss]

Jones'El v. Berge

172 F.Supp.2d 1128

Sept. 18, 2001

Sept. 18, 2001

Order/Opinion
144

3:00-cv-00421

Opinion and Order [Granting Preliminary Injunction]

Jones'El v. Berge

164 F.Supp.2d 1096

Oct. 10, 2001

Oct. 10, 2001

Order/Opinion

3:00-cv-00421

Report on Mental Health Issues at SMCI

Jones'El v. Litscher

Oct. 22, 2001

Oct. 22, 2001

Monitor/Expert/Receiver Report
190

3:00-cv-00421

Settlement Agreement

Jones'El v. Berge

Jan. 24, 2002

Jan. 24, 2002

Settlement Agreement
269

3:00-cv-00421

Judgment (approving private settlement agreement and denying motions to proceed in forma pauperis)

Jones'El v. Berge

June 24, 2002

June 24, 2002

Settlement Agreement
306

3:00-cv-00421

Order [Denying Motion to Alter or Amend Judgment]

Jones'El v. Berge

2002 WL 32362655

Sept. 18, 2002

Sept. 18, 2002

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6382301/jones-el-dennis-e-v-schneiter-richard/

Last updated Aug. 15, 2022, 3:03 a.m.

ECF Number Description Date Link Date / Link
1

ORDER REQUIRING PARTIAL FILING FEE OF $7.06 FROM JONES'EL & $43.14 FROM JOHNSON BY 8/10/00 OR ACTION SUBJ TO DISM'L. (BC) (Entered: 07/13/2000)

July 13, 2000

July 13, 2000

PACER
2

PLTF JOHNSON STEP 1 IN PROCESS OF EXH.OF ADMIN.REMEDIES. (Entered: 07/25/2000)

July 25, 2000

July 25, 2000

PACER
3

STEP 2 PROCESS IN CONNECTION WITH EXHAUSTION OF ADMINISTRATIVE REMEDIES, SUBMITTED BY PETNR JOHNSON. (Entered: 08/02/2000)

July 31, 2000

July 31, 2000

PACER

***$43.14 REC'D FROM PETNR JOHNSON.***

Aug. 3, 2000

Aug. 3, 2000

PACER

***$7.06 REC'D FROM PETNR JONES.***

Aug. 3, 2000

Aug. 3, 2000

PACER
4

PLTF JONES PROOF OF EXHAUSTION (Entered: 08/15/2000)

Aug. 15, 2000

Aug. 15, 2000

PACER

Jams Import Utility Entry

Sept. 25, 2000

Sept. 25, 2000

PACER

Case Note: LAW CLERK: JMM Per BBC, evidentiary hearing on 2/5/07 to last 2-3 days. 1/3/07: JMD/JM offered to clerk hearing for entire duration. (lj) 3/1/07 called pltf; will pick up exhibits from evid. hrg. on 3/2/07 (kj)

Sept. 25, 2000

Sept. 25, 2000

PACER
5

ORDER -Ifp GRANT.RE:RESPNDT BERGE; DEN'D RE:OTHER RESPNDTS; SVC FORMS DUE 10/3;$99.80 BAL.DUE IN MONTHLY PYMTS.(BC)ccmld (Entered: 09/26/2000)

Sept. 25, 2000

Sept. 25, 2000

PACER
6

COMPLAINT (W/JURY DEMAND) (Additional attachment(s) added on 5/10/2013: # 1 Main Document pages 14-end) (llj). (Entered: 09/26/2000)

1 Main Document pages 14-end

View on PACER

Sept. 25, 2000

Sept. 25, 2000

PACER
7

BRIEF IN SUPPORT OF COMPLT (42 USC SEC. 1983 ACTION). (Entered: 09/26/2000)

Sept. 25, 2000

Sept. 25, 2000

PACER
8

ORDER GIVING PLTFS UNTIL 10/12/00 TO NOTIFY CRT OF INTENT. TO CONTINUE PRO SE, OR CRT TO APPT ED GARVEY AS CNSL. (BC) (Entered: 09/28/2000)

Sept. 28, 2000

Sept. 28, 2000

PACER

FORMS FOR SERVICE REC'D FROM PLTF.

Oct. 3, 2000

Oct. 3, 2000

PACER
9

CONSENT TO APPOINTMENT OF EDWARD GARVEY AS COUNSEL, BY PLTF JOHNSON. (Entered: 10/06/2000)

Oct. 6, 2000

Oct. 6, 2000

PACER
10

CONSENT TO APPOINTMENT OF EDWARD GARVEY AS COUNSEL, BY PLTF JONES'EL. (Entered: 10/06/2000)

Oct. 6, 2000

Oct. 6, 2000

PACER

***DOCS #5-7 DELIVERED TO USM FOR SVC; SUMM ISS; NORTC TO PLTFS.***

Oct. 6, 2000

Oct. 6, 2000

PACER
11

ORDER APPOINTING ED GARVEY TO REPRESENT PLTFS IN THIS CASE; PPTC TO BE SET WHEN RESPONSE RECD(COPY OF FILE TO GARVEY)BC (Entered: 10/13/2000)

Oct. 12, 2000

Oct. 12, 2000

PACER
12

MOTION TO RECONSIDER THE COURT'S ORDER OF 9/25/00, BY PLTFS (Entered: 10/16/2000)

Oct. 12, 2000

Oct. 12, 2000

PACER
13

ORDER - MEMORANDUM. CRT WILL NOT CONSIDER PLTFS' MO. FOR RECONSID. OF 10/5/00 ORDER;BECAUSE PLTFS' HAVE COUNSEL(BC) (Entered: 10/19/2000)

Oct. 19, 2000

Oct. 19, 2000

PACER
14

SUMMONS W/MARSHAL'S PROCESS RECEIPT & RETURN RE:SUMMONS & COMPLT. (Entered: 10/25/2000)

Oct. 25, 2000

Oct. 25, 2000

PACER
15

MOTION FOR IMMEDIATE TRO OR INJUNCTION, FLD BY PLTF DENNIS JONES 'EL. (Entered: 12/06/2000)

Dec. 6, 2000

Dec. 6, 2000

PACER
16

AFFIDAVIT OF PLTF DENNIS JONES 'EL, IN SPT OF MO FOR TRO OR INJUNCTION. (Entered: 12/06/2000)

Dec. 6, 2000

Dec. 6, 2000

PACER
17

ORDER DENYING PLTF. JONES'S MO. FOR IMMEDIATE TRO. ALL COM MUNICATION TO THE COURT MUST COME THROUGH HIS ATTY. (BC) (Entered: 12/11/2000)

Dec. 11, 2000

Dec. 11, 2000

PACER
18

ANSWER, AFFIRMATIVE DEFENSE & DEMAND FOR JURY TRIAL, BY DEFT. (Entered: 12/13/2000)

Dec. 13, 2000

Dec. 13, 2000

PACER
19

NOTICE OF APPEARANCE (ATTYS GARVEY, EDWARDS, MCGILLIVRAY, MARTINEZ, EISENBERG AND SHELLOW) FOR PLTFS. (Entered: 12/22/2000)

Dec. 22, 2000

Dec. 22, 2000

PACER
20

MOTION FOR CLASS CERTIFICATION AND FOR NOTICE TO THE CLASS, BY PLTFS. (Entered: 12/29/2000)

Dec. 28, 2000

Dec. 28, 2000

PACER
21

BRIEF IN SUPPORT OF MOTION FOR CLASS CERTIFICATION, BY PLTFS. (Entered: 12/29/2000)

Dec. 28, 2000

Dec. 28, 2000

PACER
22

AFFIDAVIT OF EDWARD R. GARVEY (Entered: 12/29/2000)

Dec. 28, 2000

Dec. 28, 2000

PACER
23

PARTIES' RULE 26(f) REPORT AND DISCOVERY PLAN. (Entered: 01/11/2001)

Jan. 11, 2001

Jan. 11, 2001

PACER
24

PTC ORDER W/ORDER GOVERNING FPTC.(SLC) (Entered: 01/18/2001)

Jan. 18, 2001

Jan. 18, 2001

PACER
25

BRIEF IN OPPOSITION TO MOTION FOR CLASS CERTIFICATION, BY DEFT. (Entered: 01/23/2001)

Jan. 23, 2001

Jan. 23, 2001

PACER
26

MOTION FOR ADMISSION PRO HAC VICE OF ATTY.DAVID C. FATHI FOR PLTFS. (Entered: 01/24/2001)

Jan. 24, 2001

Jan. 24, 2001

PACER
27

AFFIDAVIT OF EDWARD R. GARVEY FOR ADMISSION PRO HAC VICE. (Entered: 01/24/2001)

Jan. 24, 2001

Jan. 24, 2001

PACER
28

ORDER GRANT.PTLF MO FOR ADMISSION OF ATTY.DAVID FATHI.(SLC) (Entered: 01/26/2001)

Jan. 26, 2001

Jan. 26, 2001

PACER
29

AMENDED NOTICE OF APPEARANCE BY ELIZABETH M. EDWARDS FOR PLTFS. (Entered: 01/30/2001)

Jan. 30, 2001

Jan. 30, 2001

PACER
30

MOTION TO COMPEL EXECUTION OF MEDICAL AUTHORIZATION, BY DEFT. (Entered: 02/01/2001)

Feb. 1, 2001

Feb. 1, 2001

PACER
31

BRIEF IN SUPPORT OF MOTION TO COMPEL EXECUTION OF MEDICAL AUTHORIZATION, BY DEFT. (Entered: 02/01/2001)

Feb. 1, 2001

Feb. 1, 2001

PACER
32

AFFIDAVIT OF CHARLES D. HOORNSTRA IN SUPP OF DEFT'S MOTION TO COMPEL EXECUTION OF MEDICAL AUTHORIZATION. (Entered: 02/01/2001)

Feb. 1, 2001

Feb. 1, 2001

PACER
33

BRIEF IN REPLY IN SUPP. OF MO. FOR CLASS CERTIF., BY PLTFS. (Entered: 02/05/2001)

Feb. 2, 2001

Feb. 2, 2001

PACER
34

BRIEF IN OPPOSITION OF MO TO COMPEL EXECUTION OF MEDICAL EXAMINATION, BY PLTF. (Entered: 02/12/2001)

Feb. 9, 2001

Feb. 9, 2001

PACER
35

ORDER (MEMORANDUM) - DEFICIENCIES OF DOCS #22 & #33 NOTED; PROMPT CORRECTION OF DEFICIENCIES EXPECTED. (BC) (Entered: 02/14/2001)

Feb. 13, 2001

Feb. 13, 2001

PACER

AFFIDAVIT OF EDWARD R. GARVEY (CORRECTED COPY OF DOC. #22 PURS. TO 2/13/01 ORDER).

Feb. 15, 2001

Feb. 15, 2001

PACER

PLTFS' PROPOSED AMENDED NOTICE TO THE CLASS ***ATTACHED TO DOC. #33**

Feb. 15, 2001

Feb. 15, 2001

PACER
36

DEFTS' COMMENT ON PLTFS' BRF IN OPP TO MO/COMPEL MEDICAL EXAM. (2/13/01) (Entered: 02/16/2001)

Feb. 15, 2001

Feb. 15, 2001

PACER
37

ORDER GRANT'G PLTFS' MO/CLASS CERT.; CLASS DEFINED; DEFT TO POST & DISTRIBUTE COPY OF NOTICE AS OUTLINED BY 3/1/01. (BC) (Entered: 02/16/2001)

Feb. 16, 2001

Feb. 16, 2001

PACER
38

ORDER AMENDING 2/16 ORDER TO INCLUDE DAVID FATHI AS COUNSEL FOR PLTFS.(BC) (Entered: 03/02/2001)

March 1, 2001

March 1, 2001

PACER
39

MOTION FOR ORDER REQUIRING DEFT TO PERMIT PLTFS' CNSL TO INTERVIEW ANY & ALL CLASS MEMBERS, BY PLTFS. (Entered: 03/14/2001)

March 14, 2001

March 14, 2001

PACER
40

BRIEF IN SUPPORT OF MO FOR ORDER RE: INTERVIEW OF CLASS MEMBERS. (Entered: 03/14/2001)

March 14, 2001

March 14, 2001

PACER
41

AFFIDAVIT OF EDWARD R. GARVEY. (Entered: 03/14/2001)

March 14, 2001

March 14, 2001

PACER
42

AFFIDAVIT OF ELIZABETH M. EDWARDS IN SUPP. OF PLTFS' MO.FOR ORDER ALLOW. PLTFS' CNSL TO INTERVIEW CLASS MEMBERS (Entered: 03/26/2001)

March 26, 2001

March 26, 2001

PACER
43

BRIEF IN OPPOSITION TO PLTFS' MO. TO INTERVIEW ALL SUPERMAX PRISONRS, BY DEFT. (Entered: 03/26/2001)

March 26, 2001

March 26, 2001

PACER
44

AFFIDAVIT OF GERALD BERGE (Entered: 03/26/2001)

March 26, 2001

March 26, 2001

PACER
45

BRIEF IN REPLY OF MO TO INTERVIEW CLASS MEMBERS, BY PLTF. (Entered: 04/02/2001)

April 2, 2001

April 2, 2001

PACER
46

AFFIDAVIT OF DAVID C. FATHI. (Entered: 04/02/2001)

April 2, 2001

April 2, 2001

PACER
47

ORDER RE:TEL. HRG OF 4/10/01 GRANT. PLTFS' MO. ORDER RQUIR- ING DEFT.TO PERMIT PLTFS' CNSL TO INTERV. CLASS MEMBERS.(SLC) (Entered: 04/11/2001)

April 11, 2001

April 11, 2001

PACER
48

MOTION BY PLTFS FOR MODIFICATION OF SCHEDULING ORDER. (Entered: 04/12/2001)

April 12, 2001

April 12, 2001

PACER
49

BRIEF IN SUPPORT OF PLTFS' MOTION FOR MODIFICATION OF THE SCHEDULING ORDER. (Entered: 04/12/2001)

April 12, 2001

April 12, 2001

PACER
50

BRIEF IN OPPOSITION - RESPONSE TO PLTFS' MOTION FOR MODIFICATION OF SCHEDULING ORDER, BY DEFT. (Entered: 04/19/2001)

April 18, 2001

April 18, 2001

PACER
51

ORDER GRANT.PLTF'S MO FOR MODIFICATION OF SCHEDULING ORDER (SLC) (Entered: 04/23/2001)

April 20, 2001

April 20, 2001

PACER
52

BRIEF IN REPLY OF MO FOR MODIFICATION OF SCHEDULING ORDER, BY PLTFS. (Entered: 04/26/2001)

April 23, 2001

April 23, 2001

PACER
53

ANSWER - AMENDED BY DEFT. (JURY DEMAND) (Entered: 04/30/2001)

April 30, 2001

April 30, 2001

PACER
54

STIPULATION AND ORDER FOR EXAM. OF PLTFS' & CLASS MEMBERS' CLINICAL FILES & OTHER FILES (INCL./PROTEC.ORDER).(SLC)ccmld (Entered: 05/17/2001)

May 16, 2001

May 16, 2001

PACER
55

MOTION TO ENLARGE TIME TO AMEND COMPLT, BY PLTF. (Entered: 06/04/2001)

June 1, 2001

June 1, 2001

PACER
56

AFFIDAVIT OF EDWARD R. GARVEY. (Entered: 06/04/2001)

June 1, 2001

June 1, 2001

PACER
57

BRIEF IN OPPOSITION (RESPONSE)TO PLTF 2ND REQ. MODIFICATION OF SCHEDULING ORDER, BY DEFT. (Entered: 06/06/2001)

June 6, 2001

June 6, 2001

PACER
58

AFFIDAVIT OF CHARLES D. HOORNSTRA. (Entered: 06/06/2001)

June 6, 2001

June 6, 2001

PACER
59

MOTION (AMENDED)TO ENLARGE TIME TO AMEND PLEADINGS,BY PLTF. (Entered: 06/07/2001)

June 6, 2001

June 6, 2001

PACER
60

AFFIDAVIT (AMENDED)OF EDWARD R. GARVEY. (Entered: 06/07/2001)

June 6, 2001

June 6, 2001

PACER
61

BRIEF IN OPPOSITION TO AMENDED REQ.FOR MODIFICATION OF SCHEDULING ORDER, BY DEFT. (Entered: 06/07/2001)

June 7, 2001

June 7, 2001

PACER
62

AFFIDAVIT (2ND)OF CHARLES HOORNSTRA. (Entered: 06/07/2001)

June 7, 2001

June 7, 2001

PACER
63

ORDER ON PARTIES' DISPUTE RE: LEGISLATIVE INTERVIEWS AT SUPERMAX; CRT TO ISSUE ORDER ON AMEN.REQ./ENLARGE.TIME. (SLC) (Entered: 06/08/2001)

June 8, 2001

June 8, 2001

PACER
64

MOTION (EMERGENCY) TO TERMINATE REPRESENTATION OF CRT-APPT'D CNSL GARVEY (W/BRF IN SUPP), BY PLTFS JONES'EL AND JOHNSON. (Entered: 06/12/2001)

June 11, 2001

June 11, 2001

PACER
65

ORDER DENYING PLTFS' MO TO ENLARGE TIME TO AMEND COMPLAINT. (SLC) (Entered: 06/19/2001)

June 19, 2001

June 19, 2001

PACER
66

MOTION TO WITHDRAW MOTION TO TERMINATE REPRESENTATION BY COURT-APPOINTED COUNSEL EDWARD GARVEY & TEAM, BY PLTFS. (Entered: 06/21/2001)

June 21, 2001

June 21, 2001

PACER
67

ORDER GRANTING PLTFS' MO TO WITHDRAW THEIR 6/7/01 EMERGENCY MO TO TERMINATE CNSL EDWARD GARVEY & LEGAL TEAM. (BC) (Entered: 06/21/2001)

June 21, 2001

June 21, 2001

PACER
68

COMPLAINT - 1ST AMENDED COMPLT, BY PLTFS. (Additional attachment(s) added on 5/10/2013: # 1 Main Document pages 10-end) (llj). (Entered: 06/29/2001)

1 Main Document pages 10-end

View on PACER

June 29, 2001

June 29, 2001

PACER
69

MOTION FOR EXTENSION OF TIME TO ANSWER PLTF'S AMENDED COMPLT, BY DEFTS. (Entered: 07/18/2001)

July 18, 2001

July 18, 2001

PACER
70

ORDER GRANTING DEFTS' MO. FOR EXT OF TIME TO ANSWER PLTF'S AMENDED COMPLAINT;CC MLD (BBC) (Entered: 07/18/2001)

July 18, 2001

July 18, 2001

PACER
71

ORDER -PLTFS HAVE UNTIL 8/3/01 TO EITHER PAY REMAINING $60 OF FILING FEE OR SUBMIT TFAS FOR PROPOSED NEW PLTFS. (BC) (Entered: 07/19/2001)

July 18, 2001

July 18, 2001

PACER
72

MOTION TO MODIFY SCHEDULING ORDER, BY PLTFS. (Entered: 07/19/2001)

July 19, 2001

July 19, 2001

PACER
73

BRIEF IN SUPPORT OF MO TO MODIFY SCHEDULING ORDER, BY PLTFS. (Entered: 07/19/2001)

July 19, 2001

July 19, 2001

PACER
74

AFFIDAVIT OF EDWARD R. GARVEY. (Entered: 07/19/2001)

July 19, 2001

July 19, 2001

PACER
75

BRIEF IN OPPOSITION TO MO FOR EXTENSION OF TIME TO FILE EXP. WITNESSES & REPORTS, BY DEFT. (Entered: 07/23/2001)

July 23, 2001

July 23, 2001

PACER

***$60.00 BALANCE OF FILING FEE REC'D FROM PLTFS, PURS. TO 7/18/01 CRT ORDER.***

July 23, 2001

July 23, 2001

PACER
76

BRIEF IN REPLY OF MO FOR EXTENSION OF TIME WITHIN TO NAME EXPERT WITNESSES & FILE EXPERT WITNESS REPORTS, BY PLTF. (Entered: 07/25/2001)

July 25, 2001

July 25, 2001

PACER
77

MOTION TO STRIKE PLTFS'REPLY BRF.ON MO FOR EXT.OF TIME W/IN TO NAME EXP.WIT.& FILE EXP.WITNESS REPORT & EXHIBITS,BY DEFT (Entered: 07/27/2001)

July 27, 2001

July 27, 2001

PACER
78

AFFIDAVIT OF VINCENT M. NATHAN. (Entered: 07/30/2001)

July 30, 2001

July 30, 2001

PACER
79

AFFIDAVIT - DECLARATION OF DR. TERRY A. KUPERS. (Entered: 07/30/2001)

July 30, 2001

July 30, 2001

PACER
80

ORDER GRANT'G PLTFS' MO/EXT. OF TIME (TO 9/21/01) TO DISCLOSE EXPERTS; DEFTS' EXPERT DISCLOSURE DUE 11/20/01. (SLC) (Entered: 08/01/2001)

July 31, 2001

July 31, 2001

PACER
81

AFFIDAVIT OF STAN DAVIS. (Entered: 08/03/2001)

Aug. 3, 2001

Aug. 3, 2001

PACER
82

MOTION FOR P/I, BY PLTFS. (Entered: 08/10/2001)

Aug. 10, 2001

Aug. 10, 2001

PACER
83

BRIEF IN SUPPORT OF MO. FOR P/I, BY PLTFS. (Entered: 08/13/2001)

Aug. 10, 2001

Aug. 10, 2001

PACER
84

AFFIDAVIT (DECLARTION) OF TERRY A. KUPERS, M.D., M.S.P. (Entered: 08/13/2001)

Aug. 10, 2001

Aug. 10, 2001

PACER
85

AFFIDAVIT (DECLARATION) OF EDWARD R. GRAVEY (Entered: 08/13/2001)

Aug. 10, 2001

Aug. 10, 2001

PACER
86

PRISONER KEY ***SEALED***(FILED BY ATTY GARVEY) (Entered: 08/13/2001)

Aug. 10, 2001

Aug. 10, 2001

PACER
87

MOTION TO STRIKE PLTFS' MO. FOR P/I, BY DEFTS. (Entered: 08/13/2001)

Aug. 13, 2001

Aug. 13, 2001

PACER
88

BRIEF IN OPPOSITION TO DEFTS' MO. TO STRIKE PLTFS' MO. FOR P/I, BY PLTFS. (Entered: 08/13/2001)

Aug. 13, 2001

Aug. 13, 2001

PACER
89

RESPONSE TO PLTFS' 3RD REQUEST FOR PRODUCTION OF DOCS, BY DEFT. (Entered: 08/14/2001)

Aug. 14, 2001

Aug. 14, 2001

PACER
90

ORDER - PLTFS' MO/CLASS CERT.GRANTED & ADDIT'L PARTIES ADDED, AS NOTED;AMENDED NOTICE TO BE DISTRIB.& POSTED BY 9/1.(BC) (Entered: 08/15/2001)

Aug. 15, 2001

Aug. 15, 2001

PACER
91

MOTION FOR STATUS CONFERENCE, BY PLTFS. (Entered: 08/15/2001)

Aug. 15, 2001

Aug. 15, 2001

PACER

Case Details

State / Territory: Wisconsin

Case Type(s):

Prison Conditions

Special Collection(s):

Solitary confinement

Key Dates

Filing Date: Sept. 25, 2000

Closing Date: 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

"All persons who are now, or will in the future be, confined in the Supermax Correctional Institution in Boscobel, Wisconsin."

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Supermax Correctional Institution, State

Waupun Correctional Institution, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Due Process: Procedural Due Process

Availably Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2007 - 2008

Content of Injunction:

Implement complaint/dispute resolution process

Monitoring

Preliminary relief granted

Issues

General:

Access to lawyers or judicial system

Conditions of confinement

Disciplinary procedures

Excessive force

Law library access

Mail

Recreation / Exercise

Religious programs / policies

Sanitation / living conditions

Solitary confinement/Supermax (conditions or process)

Staff (number, training, qualifications, wages)

Totality of conditions

Visiting

Affected Gender:

Male

Medical/Mental Health:

Intellectual/Developmental Disability

Intellectual disability/mental illness dual diagnosis

Mental health care, general

Type of Facility:

Government-run