Case: Diaz v. Romer

1:77-cv-01093 | U.S. District Court for the District of Colorado

Filed Date: Nov. 30, 1977

Clearinghouse coding complete

Case Summary

On November 30, 1977, an inmate at the Colorado State Penitentiary in Canon City ("Old Max") filed a class action lawsuit under 42 U.S.C. § 1983 in the U.S. District Court for the District of Colorado against the Governor of Colorado, several senators, the Department of Corrections, and administrators of the Colorado State Penitentiary in Canon City, Colorado. The class consisted of all persons who were or would be incarcerated in a maximum security unit of Old Max. The ACLU and the National Pr…

After extensive discovery and a five week trial, the District Court (Judge John L. Kane Jr.) ruled from the bench on November 15, 1979 and issued a memorandum opinion and order on December 20, 1979. Ramos v. Lamm, 485 F. Supp. 122 (D. Colo. 1979). The court held that the conditions at Old Max constituted various statutory and constitutional violations. Specifically, the conditions included insufficient living space with inadequate sanitation, ventilation, light, heat, noise control, and fire safety; lack of protection from violence; pervasive idleness because of lack of productive activity; inadequate health care; unnecessarily restrictive classification of inmates. The court ordered that the Old Max facility be closed, but temporarily stayed its order on the condition that the State take immediate states to provide the plaintiff class with basic human needs and that the State present a detailed plan regarding the protection of the plaintiff class from further constitutional violations.

The defendants appealed. On September 25, 1980, the U.S. Court of Appeals for the Tenth Circuit (Judge William Judson Holloway, Jr.) affirmed in part and reversed in part the decision of the District Court. Ramos v. Lamm, 639 F.2d 559 (10th Cir. 1980). The court held that the District Court did not err in refusing to abstain from deciding the case, that the District Court did not err in finding Eighth Amendment violations in the areas of shelter, sanitation, food, safety, and health care, and a finding of a violation of the right of access to the courts. The court also upheld the District Court's ruling regarding the mail policies at Old Max. The court set aside the District Court's rulings regarding visitation restrictions, finding that the restrictions imposed were not unreasonable and serve legitimate penal concerns, and regarding idleness, classification and motility, because those areas were not of constitutional dimension. The Tenth Circuit vacated the remedial order and remanded the case for further proceedings. Both parties petitioned for writ of certiorari and were denied on April 6, 1981. Ramos v. Lamm, 450 U.S. 1041 (1981); Lamm v. Ramos, 450 U.S. 1041 (1981).

The plaintiffs applied for attorneys' fees and the District Court (Judge Kane) awarded fees and costs on March 17, 1982. Ramos v. Lamm, 539 F. Supp. 730 (D. Colo. 1982). The defendants' appealed the award of attorneys' costs and fees and the Tenth Circuit (Judge James Kenneth Logan) established guidelines for the award of attorneys' fees under the Civil Rights Attorney's Fees Award Act, 42 U.S.C. § 1988, and remanded for further proceedings. Ramos v. Lamm, 713 F.2d 546 (10th Cir. 1983). The District Court (Judge Kane) re-evaluated the fees and costs and determined an award on June 3, 1985, which was withdrawn upon the parties' objections and requests for another hearing on the matter. On March 27, 1986, the District Court (Judge Kane) again evaluated attorneys' fees and costs and awarded the plaintiffs' attorneys a total of $1,059,913.45 less the amount the defendant had previously paid. Ramos v. Lamm, 632 F. Supp. 376 (D. Colo. 1986).

Sometime between 1986 and 1990, Ramos v. Lamm became Diaz v. Romer. On August 7, 1985, the District Court entered a Consent Order directing defendants to comply with numerous provisions in the operation of three facilities. The case was to terminate within eighteen months of the order. As a result of changed circumstances, the 1985 Consent Order remained in effect. On March 21, 1989, the court entered the Amended (Master) Consent Order, which maintained and modified the provisions of the 1985 order. The plaintiffs continued to investigate and monitor the conditions at the facilities, and compliance with the court orders. In February 1990, the plaintiffs raised the issue of defendants' compliance with the Court's orders and filed a formal pleading.

After substantial discovery and negotiations, the parties made a Joint Motion for Entry of an Amended Consent Order. In September 1990, during the fairness hearing, the District Court (Judge James R. Carrigan) created two sub-classes of plaintiffs (those who were HIV positive, and those who were HIV negative). On March 7, 1990, the court refused to approve the provision of the consent order regarding the policies for HIV testing. The defendants appealed these decisions. On April 20, 1992, the Tenth Circuit (Judge Monroe G. McKay) affirmed the decision of the District Court. Diaz v. Romer, 961 F.2d 1508 (10th Cir. 1992).

On February 24, 1992, the parties made another joint motion for the approval of proposed settlement agreements. The proposed settlement agreements were to settle three class action lawsuits (this case (previously Ramos v. Lamm), Nolasco v. Romer (Docket No. 90-00340), and Arguello v. Romer (Docket No. 88-01335)) each challenging conditions of confinement in Colorado prisons. On June 12, 1992, the District Court (Judge Carrigan) granted the motion and approved the settlement agreements. Diaz v. Romer, 801 F. Supp. 405 (D. Colo. 1992). The Tenth Circuit affirmed the District Court's decision on October 21, 1993. Diaz v. Romer, 9 F.3d 116 (10th Cir. 1993).

The settlement agreement for Diaz v. Romer provided for the hiring of a full-time medical director, the hiring of an additional full-time psychiatrist, the establishment of a unit for the chronically mentally ill, and the hiring of forty-eight additional correctional and health care staff. The agreement further provided that inmates would not be double-bunked for a two-year period, unless necessary for renovations. The defendants agreed to arrange for qualified representatives from the American Correctional Association or the National Institute of Corrections to review the operations of the correctional facilities. The Settlement Agreement dissolved all previous consent orders of the District Court, and the court only retained jurisdiction to insure compliance with the settlement agreement.

Nolasco v. Romer and Arguello v. Romer had not proceeded to trial, unlike Diaz v. Romer. These two cases challenged the conditions at Colorado correctional facilities as unconstitutional. The jointly submitted settlement agreement in these cases appears to be substantially similar to the agreement in Diaz v. Romer. The only obvious difference is the obligation of the defendants to provide sex offenders with sex offender treatment. The court dismissed these cases with prejudice and ordered the parties to carry out the terms of the agreement.

In response to the motion filed by a member of the plaintiff class attacking the final judgment and dismissal of the class action, the District Court ruled that the class action was closed and that any motion should be filed by the class counsel. On November 30, 1993, the Tenth Circuit (per curiam) affirmed the District Court's decision. Diaz v. Romer, 13 F.3d 405 (10th Cir. 1993).

The case appears to be closed.

show full summary

Summary Authors

Kaitlin Corkran (6/6/2006)

Nolasco v. Romer, District of Colorado (1990)

People

Judge(s)

Barrett, Michael Ryan (Ohio)

Brorby, Wade (Wyoming)

Attorney for Plaintiff

Barajas, Johnny C. (Colorado)

Black, Steven W. (Colorado)

Attorney for Defendant

Bromley, Tarquin Jay (Colorado)

Expert/Monitor/Master/Other

Judge(s)

Barrett, Michael Ryan (Ohio)

Brorby, Wade (Wyoming)

Carrigan, James R. (Colorado)

Ebel, David M. (Colorado)

Holloway, William Judson Jr. (Oklahoma)

Kane, John L. Jr. (Colorado)

Logan, James Kenneth (Kansas)

McKay, Monroe G. (Utah)

Seymour, Stephanie Kulp (Oklahoma)

Thompson, Ralph Gordon (Oklahoma)

Attorney for Plaintiff

Barajas, Johnny C. (Colorado)

Black, Steven W. (Colorado)

Downing, Peter W. (Colorado)

Gottschalk, Hugh Q. (Colorado)

Haddon, Harold A. (Colorado)

Hartley, James Edward (Colorado)

Jester, Jay S. (Colorado)

Knowles, Ralph I. Jr. (Georgia)

Lane, David A. (Colorado)

Lopez, Mark J. (District of Columbia)

McKinnon, Caroline M. (Colorado)

Miller, David H. (Colorado)

Mueller, Norman R. (Colorado)

Spiller, Dudley P. Jr. (Colorado)

Wiesenberg, Peggy A. (District of Columbia)

Attorney for Defendant

Bromley, Tarquin Jay (Colorado)

Dailey, John Daniel (Colorado)

de Raismes, Joseph N. (Colorado)

Farley, Paul (Colorado)

Forman, Richard H. (Colorado)

Goldberg, Richard H. (Colorado)

Hennessey, Richard F. (Colorado)

Higgins, William J. (Colorado)

Howe, Charles B. (Colorado)

Kahn, Edwin S. (Colorado)

Little, David Russell (Colorado)

Lizza, John August (Colorado)

MacFarlane, John D. (Colorado)

Marquez, Anthony (Colorado)

Mikulecky, Scott Joseph (Colorado)

Mullarkey, Mary J. (Colorado)

Norton, Gale A. (Colorado)

Parsons, John R. (Colorado)

Phelan, Maureen E. (Colorado)

Rees, David K. (Colorado)

Sammons, Sarah Scott (Colorado)

Solano, Henry L. (Colorado)

Sousa, Dennis (Colorado)

Tymkovich, Timothy M. (Colorado)

Weinman, Jeffrey (Colorado)

Widick, Barbara L. (Colorado)

Woodward, Duane (Colorado)

Expert/Monitor/Master/Other

Cherner, Philip Alan (Colorado)

Dufford, Philip G. (Colorado)

Risner, Michael T. (Colorado)

Robb, William C. (Colorado)

show all people

Documents in the Clearinghouse

	Document
1:90-00340	Docket (PACER) Nolasco v. Romer	Nov. 8, 1994	Nov. 8, 1994 Docket
1:88-cv-01335	Docket (PACER) Arguello v. Romer	Nov. 8, 1994	Nov. 8, 1994 Docket
1:77-cv-01093	Memorandum Opinion and Order Ramos v. Lamm	Dec. 20, 1979	Dec. 20, 1979 Order/Opinion 485 F.Supp. 485
79-02324	Reported Opinion Ramos v. Lamm U.S. Court of Appeals for the Tenth Circuit	Sept. 25, 1980	Sept. 25, 1980 Order/Opinion 639 F.2d 639
80-01340	Petition for writ of certiorari denied Lamm v. Ramos Supreme Court of the United States	April 6, 1981	April 6, 1981 Order/Opinion 450 U.S. 450
1:77-cv-01093	Order Ramos v. Lamm	Aug. 26, 1981	Aug. 26, 1981 Order/Opinion 520 F.Supp. 520
1:77-cv-01093	Memorandum Opinion and Order Awarding Attorneys Fees Ramos v. Lamm	March 26, 1982	March 26, 1982 Order/Opinion 539 F.Supp. 539
82-01531 82-01544	Reported Opinion Ramos v. Lamm U.S. Court of Appeals for the Tenth Circuit	June 15, 1983	June 15, 1983 Order/Opinion 713 F.2d 713
1:77-cv-01093	Memorandum Opinion and Order Ramos v. Lamm	April 8, 1986	April 8, 1986 Order/Opinion 632 F.Supp. 632
1:77-cv-00103	Final Agreement and Stipulation	Feb. 24, 1992	Feb. 24, 1992 Order/Opinion

show / hide documents

Docket

Last updated March 24, 2024, 3:07 a.m.

Change selected docket

ECF Number	Description	Date	Link Date / Link
1	MINUTE ORDER : by Judge Jim R. Carrigan ..motion to quash service of process and dismiss dft Solano is DENIED as moot (cc: all counsel) (lam) (Entered: 06/26/1990)	June 19, 1990	June 19, 1990
6	ANSWER for Dft Gunter (lam) (Entered: 07/11/1990)	June 25, 1990	June 25, 1990
2	Motion by defendant for partial summary judgment , and disqualification of plas Greer,Arellano and Hollis (lam) (Entered: 07/07/1990)	July 2, 1990	July 2, 1990
3	BRIEF by defendant in support of motion for partial summary judgment [2-1]and disqualification of plas Greer,Arellano and Hollis [2-2] (lam) (Entered: 07/07/1990)	July 2, 1990	July 2, 1990
5	MINUTE ORDER : by Judge Jim R. Carrigan ...motion to intervene by Adams County Board of County Commissioners is DENIED (cc: all counsel) (lam) (Entered: 07/07/1990)	July 5, 1990	July 5, 1990
7	ANSWER by defendant Frank Gunter (lam) (Entered: 07/16/1990)	July 10, 1990	July 10, 1990
8	MOTION by Board County Commissioners of the County of Arapahoe, Colorado to intervene (former empl) (Entered: 07/20/1990)	July 20, 1990	July 20, 1990
	Tendered Complaint by Intervenor submitted by Bd County Commis (former empl) (Entered: 07/20/1990)	July 20, 1990	July 20, 1990
9	MOTION by plaintiff to extend time to respond to dfts' mtn for summary judgment until 8/1/90 (lam) (Entered: 07/25/1990)	July 23, 1990	July 23, 1990
10	MINUTE ORDER : by Judge Jim R. Carrigan granting [9-1] motion to extend time to respond to dfts' mtn for partial summary judgment and disqualification of individual plas to 8/1/90 (cc: all counsel) (former empl) (Entered: 07/30/1990)	July 25, 1990	July 25, 1990
11	TENDERED INTERVENOR'S COMPLAINT by The Board of County Commissioners of the County of Pueblo, CO (former empl) Modified on 08/17/1990 (Entered: 08/01/1990)	Aug. 1, 1990	Aug. 1, 1990
12	MOTION by Pueblo Bd Cty Comm to intervene (former empl) (Entered: 08/01/1990)	Aug. 1, 1990	Aug. 1, 1990
13	MOTION by plaintiffs to amend complaint (lam) (Entered: 08/03/1990)	Aug. 1, 1990	Aug. 1, 1990
	Tendered First Amended Complaint submitted by plaintiff (lam) (Entered: 08/03/1990)	Aug. 1, 1990	Aug. 1, 1990
14	RESPONSE by plaintiffs to motion disqualification of plas Greer,Arellano and Hollis [2-2] (lam) (Entered: 08/03/1990)	Aug. 1, 1990	Aug. 1, 1990
15	MEMORANDUM by plaintiffs in opposition to motion for partial summary judgment [2-1] (lam) (Entered: 08/03/1990)	Aug. 1, 1990	Aug. 1, 1990
16	MINUTE ORDER : by Judge Jim R. Carrigan granting [13-1] motion to amend complaint (cc: all counsel) (lam) (Entered: 08/03/1990)	Aug. 2, 1990	Aug. 2, 1990
17	AMENDED COMPLAINT [11-1] by plaintiff terminating defendant Acting Exec. Di Department Of Correc, defendant Henry Solano; adding John Spring, Stevens Sidney, Manuel De Pineda, as plas and Frank Gunter as dft (lam) (Entered: 08/03/1990)	Aug. 2, 1990	Aug. 2, 1990
18	MINUTE ORDER : by Judge Jim R. Carrigan re [8-1]; parties shall respond on or before 8/13/90 (cc: all counsel) (lam) (Entered: 08/07/1990)	Aug. 3, 1990	Aug. 3, 1990
19	CLARIFICATION OF MINUTE ORDER : by Judge Jim R. Carrigan re [12-1], re [8-1 ];parties shall respond to Bd of Cnty Commissioners Cnty of Pueblo mtn to intervene on or before 8/13/90 (cc: all counsel) (lam) (Entered: 08/09/1990)	Aug. 7, 1990	Aug. 7, 1990
20	EXHIBITS 1 and 2 ; affidavits of Louis E. Greer and Fidel Arellano (lam) (Entered: 08/09/1990)	Aug. 8, 1990	Aug. 8, 1990
21	RESPONSE by defendants to motion to intervene by Brd Cty Comm Cty of Pueblo [12-1] (lam) (Entered: 08/14/1990)	Aug. 13, 1990	Aug. 13, 1990
22	RESPONSE by defendants to motion to intervene by Brd of Cty Comm of the Cty of Arapahoe [8-1] (lam) (Entered: 08/14/1990)	Aug. 13, 1990	Aug. 13, 1990
23	RESPONSE by plaintiffs to motion to intervene by Brd of Cty Comm Cty of Arapahoe [8-1] (lam) (Entered: 08/14/1990)	Aug. 13, 1990	Aug. 13, 1990
24	RESPONSE by plaintiffs to motion to intervene by Brd Cty Comm Cty of Pueblo [12-1] (lam) (Entered: 08/14/1990)	Aug. 13, 1990	Aug. 13, 1990
25	ANSWER by defendants to first amended complaint (lam) (Entered: 08/17/1990)	Aug. 14, 1990	Aug. 14, 1990
26	MOTION by plaintiffs for pretrial ruling on expert testimony (lam) (Entered: 08/17/1990)	Aug. 16, 1990	Aug. 16, 1990
27	MOTION by plaintiffs to compel discovery (lam) (Entered: 08/17/1990)	Aug. 16, 1990	Aug. 16, 1990
28	ORDER by Judge Jim R. Carrigan; that plas' mtn for CLASS ACTION CERTIFICATION filed 5/10/90 is GRANTED (cc: all counsel) (lam) (Entered: 08/17/1990)	Aug. 16, 1990	Aug. 16, 1990
29	MINUTE ORDER : by Judge Jim R. Carrigan ; In-court hearing 8/22/90 at 2:00 pm re all pending mtns (cc: all counsel) (lam) (Entered: 08/22/1990)	Aug. 17, 1990	Aug. 17, 1990
30	REQUEST by intervenor-applicant, Arapahoe County for service of dfts response to Cnty's mtn to intervene and for time to reply (lam) (Entered: 08/22/1990)	Aug. 20, 1990	Aug. 20, 1990
31	RESPONSE by defendants to motion for pretrial ruling on expert testimony [26-1] (lam) (Entered: 08/22/1990)	Aug. 21, 1990	Aug. 21, 1990
32	COURTROOM MINUTES by Judge Jim R. Carrigan finding the motion to compel discovery [27-1] moot. finding the motion for partial summary judgment [2-1] moot. denying motion disqualification of plas Greer,Arellano and Hollis [2-2] granting motion for pretrial ruling on expert testimony [26-1] (gms) (Entered: 08/24/1990)	Aug. 22, 1990	Aug. 22, 1990
33	MINUTE ORDER : by Judge Jim R. Carrigan re [2-1], re [2-2] Motion for partial summary judgment and disqualification of individual pltfs Green, Arellano and Hollis is denied as moot(cc: all counsel) (gms) (Entered: 08/24/1990)	Aug. 23, 1990	Aug. 23, 1990
34	REPLY by intervenor Bd Cty Com Arapahoe to opposition to motion to intervene [8-1] (former empl) (Entered: 08/27/1990)	Aug. 27, 1990	Aug. 27, 1990
36	LETTER to Judge from defendants in accordance w/request; informing no objection to appt of Gov McNichol as special master in the Nolasco case; submit proposed dates for visits to prisons (lam) (Entered: 08/29/1990)	Aug. 28, 1990	Aug. 28, 1990
37	MINUTE ORDER : by Judge Jim R. Carrigan denying motion to intervene [12-1] denying motion to intervene [8-1] (cc: all counsel) (lam) (Entered: 09/07/1990)	Sept. 6, 1990	Sept. 6, 1990
38	NOTICE by plaintiffs of attorney change of address (lam) (Entered: 09/12/1990)	Sept. 10, 1990	Sept. 10, 1990
39	COURTROOM MINUTES by Judge Jim R. Carrigan ; Discovery Matters; 74-1093 & 90-340 are Consolidated for Discovery only; Discussion re inmates wanting to talk with experts in private (lam) (Entered: 09/14/1990)	Sept. 12, 1990	Sept. 12, 1990
40	ORDER by Judge Jim R. Carrigan appointing Special Master, Stephen L.R. McNichols and alternate Special Master, Richard J. Bernick to oversee discovery and other pretrial disputes; Please see Order for further info re powers and responsiblities of Special Master; plas and fts shall immediately pay $2,000.00 into Spec Master Fund to be established in interest bearing trust acct to be opened by Spec Master (cc: all counsel) (lam) (Entered: 09/18/1990)	Sept. 13, 1990	Sept. 13, 1990
41	MOTION by plaintiff class to extension of time until 12/1/90 to respond to order appointing the special master (lam) (Entered: 10/04/1990)	Oct. 3, 1990	Oct. 3, 1990
42	MINUTE ORDER : by Judge Jim R. Carrigan re [41-1]; dfts shall respond on or before 10/15/90 (cc: all counsel) (lam) (Entered: 10/09/1990)	Oct. 4, 1990	Oct. 4, 1990
43	RESPONSE by defendants to motion to extension of time until 12/1/90 to respond to order appointing the special master [41-1] (lam) (Entered: 10/16/1990)	Oct. 12, 1990	Oct. 12, 1990
44	MOTION by plaintiffs to consolidate cases for purposes of discovery w/77-C-1093 (lam) (Entered: 10/16/1990)	Oct. 15, 1990	Oct. 15, 1990
45	MOTION by plaintiffs to consolidate cases for purposes of discovery w/77-C-1093 (lam) (Entered: 10/17/1990)	Oct. 15, 1990	Oct. 15, 1990
46	Limited OBJECTION by plaintiff to order appointing special master [40- 2] (lam) (Entered: 10/17/1990)	Oct. 15, 1990	Oct. 15, 1990
47	MINUTE ORDER : by Judge Jim R. Carrigan re [45-1], re [44-1]; dfts to respond on or before 10/29/90 (cc: all counsel) (lam) (Entered: 10/17/1990)	Oct. 16, 1990	Oct. 16, 1990
48	RESPONSE by defendants to motion to consolidate cases for purposes of discovery [45-1],[44-1] (gms) (Entered: 10/25/1990)	Oct. 22, 1990	Oct. 22, 1990
50	MINUTE ORDER : by Judge Jim R. Carrigan granting motion to consolidate cases 90-C-340 and 77-C-1093 for purposes of discovery [45-1], [44-1] (cc: all counsel) (lam) (Entered: 11/02/1990)	Oct. 30, 1990	Oct. 30, 1990
51	MOTION by plaintiffs for leave to to file reply memorandum in support ot limited obj to court order appointing spec master (lam) (Entered: 11/13/1990)	Nov. 9, 1990	Nov. 9, 1990
52	REPLY memorandum by plaintiffs in support of their limited obj to order appointing special master re [46-1] (lam) (Entered: 11/13/1990)	Nov. 9, 1990	Nov. 9, 1990
53	MINUTE ORDER : by Judge Jim R. Carrigan granting motion for leave to to file reply memorandum in support of limited obj to court order appointing spec master [51-1] (cc: all counsel) (former empl) (Entered: 11/15/1990)	Nov. 13, 1990	Nov. 13, 1990
54	NOTICE by defendants of attorney change of address (lam) (Entered: 12/06/1990)	Dec. 4, 1990	Dec. 4, 1990
55	ORDER by Judge Jim R. Carrigan ; Rule 16 conference set 12/27/90 at 10:30 am (cc: all counsel) (lam) (Entered: 12/17/1990)	Dec. 13, 1990	Dec. 13, 1990
56	MINUTE ORDER : by Judge Jim R. Carrigan re [46-1] ; In-court hearing re plas' limited obj to order appointing special master set 12/27/90 at 10:30 am (cc: all counsel) (lam) (Entered: 12/17/1990)	Dec. 13, 1990	Dec. 13, 1990
57	MOTION by plaintiffs for leave to proceed without prepayment of costs (lam) (Entered: 12/21/1990)	Dec. 20, 1990	Dec. 20, 1990
58	LETTER to court from plaintiffs csl re attached original affidavits to be attached to 12/20/90 mtn for leave to proceed without prepayment of costs; were inadvertently omitted (lam) Modified on 12/26/1990 (Entered: 12/26/1990)	Dec. 21, 1990	Dec. 21, 1990
59	COURTROOM MINUTES by Judge Jim R. Carrigan re [46-1] denying motion for leave to proceed without prepayment of costs [57-1]; ordered that parties to advance $2,000 into fund to be deposited into bank; Spec Master McNichols states htis has been done ; Rule 16 conference satisfied ; In court hearing re obj to SpecMaster, parties agree that Mr McNichols will serve as mediator , handle settlement & not rule on anything ; Jt Scheduling Order to be amended and resubmitted with new dates ; Trial Prep Conf set 9/24/91 at 8:00; Trial set 10/7/91; Proposed pretrial order ddl 9/9/91 ; Final Pretrial Conference 9/17/91 at 4:00 pm; (lam) (Entered: 12/27/1990)	Dec. 27, 1990	Dec. 27, 1990
60	MINUTE ORDER : by Judge Jim R. Carrigan ; Trial to court set 10/7/91 at 8:30 (cc: all counsel) (lam) (Entered: 12/28/1990)	Dec. 27, 1990	Dec. 27, 1990
61	SCHEDULING ORDER Judge Jim R. Carrigan ; Discovery set for 7/15/91 ;dispositive motions due 8/30/91 (cc: all counsel) (former empl) (Entered: 01/09/1991)	Jan. 8, 1991	Jan. 8, 1991
63	MINUTE ORDER : by Judge Jim R. Carrigan granting motion for attorney Lopez to appear pro hac vice [62-1] (cc: all counsel) (lam) (Entered: 01/16/1991)	Jan. 15, 1991	Jan. 15, 1991
64	MOTION by plaintiff James Masterson for leave to permit James Masterson to pursue his individual claims in a separate action (lam) (Entered: 03/05/1991)	March 4, 1991	March 4, 1991
65	MINUTE ORDER : by Judge Jim R. Carrigan granting motion for leave to permit James Masterson to pursue his individual claims in a separate action [64-1] (cc: all counsel) (lam) (Entered: 04/09/1991)	April 8, 1991	April 8, 1991
66	MOTION by defendants to compel response discovery , and for sanctions (lam) (Entered: 05/23/1991)	May 22, 1991	May 22, 1991
67	MINUTE ORDER : by Judge Jim R. Carrigan re [66-1], re [66-2]; plas shall respond to the mtn to compel response to discovery and for sanctions on or before 6/7/91 (cc: all counsel) (lam) (Entered: 05/24/1991)	May 23, 1991	May 23, 1991
68	MOTION by plaintiffs to vacate trial date (lam) (Entered: 05/31/1991)	May 30, 1991	May 30, 1991
69	RESPONSE by plaintiff to motion to compel response discovery [66-1] and for sanctions [66-2] (lam) (Entered: 05/31/1991)	May 30, 1991	May 30, 1991
70	STIPULATED PROTECTIVE ORDER by Judge Jim R. Carrigan : re discovery dfts have requested...see Order for further info re terms (cc: all counsel) (lam) (Entered: 06/03/1991)	May 31, 1991	May 31, 1991
71	MINUTE ORDER : by Judge Jim R. Carrigan re [68-1]; dfts shall respond to mtn to vacate trial date on or before 6/10/91 (cc: all counsel) (lam) (Entered: 06/04/1991)	June 3, 1991	June 3, 1991
72	RESPONSE by plaintiffs to motion to vacate trial date [68-1] (lam) (Entered: 06/07/1991)	June 6, 1991	June 6, 1991
73	REPLY by defendant to response to motion to compel response discovery [66-1] (lam) (Entered: 06/07/1991)	June 6, 1991	June 6, 1991
74	MOTION by plaintiffs for status conf (lam) (Entered: 06/26/1991)	June 25, 1991	June 25, 1991
75	Receipt and SATISFACTION OF SETTLEMENT/JUDGMENT in the amt of $80,000.00 by pla (lam) (Entered: 06/26/1991)	June 25, 1991	June 25, 1991
76	MINUTE ORDER : by Judge Jim R. Carrigan granting motion for status conf [74-1]; 2:00 8/2/91 setting hearing on motion to vacate trial date [68-1] 2:00 8/2/91, setting hearing on motion to compel response discovery [66-1] 2:00 8/2/91, setting hearing on motion for sanctions [66- 2] 2:00 8/2/91 (cc: all counsel) ; entry date : 6/27/91 (lam) (Entered: 06/27/1991)	June 26, 1991	June 26, 1991
77	MINUTE ORDER : by Judge Jim R. Carrigan setting hearing on motion to compel response discovery [66-1] and for sanctions [66-2] set 3:00 8/16/91 (cc: all counsel) ; entry date : 7/16/91 (lam) (Entered: 07/16/1991)	July 16, 1991	July 16, 1991
78	MINUTE ORDER : by Judge Jim R. Carrigan motion to vacate trial date [68-1] ; motion hearing set 8/2/91 is vacated (cc: all counsel) ; entry date : 7/31/91 (lam) (Entered: 07/31/1991)	July 29, 1991	July 29, 1991
79	COURTROOM MINUTES by Judge Jim R. Carrigan ; Status Conf held 8/19/91 and continued to 10:00 8/20/91 re [66-1], [66-2]; granting motion to vacate trial date [68-1], parties are to priortize issues - schedule confs & a trial date that they can agree upon; dfts request pla's amend their complaints..Court orders Special Master make arrangements to inspect prisons..and report back ; entry date : 8/20/91 (lam) (Entered: 08/20/1991)	Aug. 19, 1991	Aug. 19, 1991
80	COURTROOM MINUTES by Judge Jim R. Carrigan (status conf cont'd ) ....Court orders that pla must forward list of experts to dfts & dfts do the same [66-1] [66-2]; pla will AMEND COMPLAINT by 9/5/91, answer to be filed w/in 20 days ; Discovery ddl extended 12/31/91, all expert to be named by bothe side by 11/15/91 ;mtn for summary judgment to be filed by 1/15/92, responses due w/in 10 days ; pto ddl 2/17/91 ; Trial 3/23/91 ; trial prep Conference 10:00 3/13/91 ; request re atty-client priviledge is denied ; entry date : 8/22/91 (lam) (Entered: 08/22/1991)	Aug. 20, 1991	Aug. 20, 1991
81	SCHEDULING ORDER Judge Jim R. Carrigan ; at 8/20/91 status conf, the following dates were agreed upon and therefore ordered: 9/5/91 ddl for filing amended complaint...; trial preparation conf shall be held 3/14/92 at 10:00 am trial to court set for 8:30 3/23/92 ;pretrial order due 2/17/92 ; .. settlement conference 10/2/91 with Honorable Stephen L. R. McNichols. (If no settlement is reached by the attys on this date (subj to client approval) plas to answer by 11/4/91....; discovery ddl 12/31/91; ddl for summary judgment mtns to be filed by 1/15/92... (cc: all counsel) (lam) (Entered: 08/27/1991)	Aug. 26, 1991	Aug. 26, 1991
82	NOTICE of filing second amended complaint by plaintiffs plaintiff Sarah Carleton (lam) (Entered: 09/06/1991)	Sept. 5, 1991	Sept. 5, 1991
83	SECOND AMENDED COMPLAINT [17-1] by plaintiffs (lam) (Entered: 09/06/1991)	Sept. 5, 1991	Sept. 5, 1991
84	STIPULATED MOTION by plaintiffs, defendants to withdraw expert report (lam) (Entered: 09/23/1991)	Sept. 20, 1991	Sept. 20, 1991
85	ORDER by Judge Jim R. Carrigan granting motion to withdraw expert report of Sean McConville [84-1] (cc: all counsel) ; entry date : 9/23/91 (lam) (Entered: 09/23/1991)	Sept. 23, 1991	Sept. 23, 1991
86	MOTION by defendants to extend time for filing responsive pleading (lam) (Entered: 02/07/1992)	Sept. 25, 1991	Sept. 25, 1991
86	MINUTE ORDER : by Judge Jim R. Carrigan; dfts' mtn for ext of time to file responsive pleading is granted to 11/10/91 (cc: all counsel) entry date : 9/27/91 (lam) (Entered: 09/27/1991)	Sept. 26, 1991	Sept. 26, 1991
87	MOTION by plaintiff, defendant, plaintiff, defendant to extend discovery schedule by 30 days (lam) (Entered: 11/12/1991)	Nov. 12, 1991	Nov. 12, 1991
88	MINUTE ORDER : by Judge Jim R. Carrigan granting joint motion to extend discovery schedule by 30 days [87-1] ; Discovery ddl extended to 1/30/92 (cc: all counsel) ; entry date : 11/12/91 (lam) (Entered: 11/12/1991)	Nov. 12, 1991	Nov. 12, 1991
89	ANSWER by defendant second amended complaint [83-1] (lam) (Entered: 11/12/1991)	Nov. 12, 1991	Nov. 12, 1991
90	MOTION by plaintiffs to extend pt schedule addl 45 days (lam) (Entered: 12/05/1991)	Dec. 4, 1991	Dec. 4, 1991
91	MINUTE ORDER : by Judge Jim R. Carrigan granting pla's motion to extend pt schedule [90-1] ; 3/23/92 Trial date vacated and trial is reset 9:00 5/4/92 , all trial subpoenas are cont'd to that time (cc: all counsel) ; entry date : 12/10/91 (lam) (Entered: 12/10/1991)	Dec. 6, 1991	Dec. 6, 1991
92	MOTION by plaintiffs and defendants for approval of settlement agreement (former empl) (Entered: 02/25/1992)	Feb. 24, 1992	Feb. 24, 1992
93	COURTROOM MINUTES by Judge Jim R. Carrigan, Oral Motion by Mr. Miller for Appleseed Jesus-Daughter to withdraw from Case. Motion is granted and a written motion should be submitted to the court. Notice to class members to be submitted w/in 10 days. re [92-1] ; entry date : 2/25/92 (former empl) (Entered: 02/25/1992)	Feb. 24, 1992	Feb. 24, 1992
94	ORDER by Judge Jim R. Carrigan, the Special Master may withdraw $4,000 immediately from the Special Master Account; Each party is ordered to pay an additional $2,500 into the Special Master Account w/in 30 day. (cc: all counsel) ; entry date : 2/25/92 (former empl) (Entered: 02/25/1992)	Feb. 24, 1992	Feb. 24, 1992
95	MOTION by plaintiffs for approval of procedure and schedule for providing ntc to members of the class (lam) (Entered: 03/02/1992)	Feb. 28, 1992	Feb. 28, 1992
96	ORDER by Judge Jim R. Carrigan: matter comes on for determination pursuant to jointly submitted mtn for approval of the final settlement agreement re [92-1]; that the Clerk of the District Court shall execute a ntc to inmates; dfts shall post a copy of the ntc and proposed settlement agreement in every living unit and in each law library of each of the affected prisons as set out in the proposed settlement agreement, no later than 3/6/92; the clerk shall accept and transmit to the court all correspondence received at the designated postal box post marked through and including 4/6/92 for approval of procedure and schedule for providing ntc to members of the class re [95-1] (cc: all counsel) ; entry date : 3/2/92 (lam) (Entered: 03/02/1992)	March 2, 1992	March 2, 1992
97	NOTICE of Proposed Settlement pursuant to FRCP 23 by James R. Manspeaker, Clerk; proposed settlement has been submitted to Court for approval; if desire to comment on or object to proposed settlement a written statement must be filed with the Court no later than 4/6/92; address written comments or objs to Clerk of USDC, Attention: Prison Litigation, P.O. Box 1618, Denver, CO 80201; the Court will consider all timely-filed objs at a hrging to approve the proposed settlement on 4/17/92; ntc shall be clearly posted in every living unit at affected prisons and in each law library where applicable (lam) (Entered: 03/02/1992)	March 2, 1992	March 2, 1992
98	MOTION by plaintiff Appleseed Jesusdaughter to dismiss and withdraw as a representative member to the class before Judge Jim R. Carrigan (lam) (Entered: 03/11/1992)	March 10, 1992	March 10, 1992
99	ORDER by Judge Jim R. Carrigan granting Ms Appleseed Jesusdaughter's motion to dismiss and withdraw as a representative member to the class [98-1]; dismissing without prejudice party Appleseed Jesusdaughter's claims in action (cc: all counsel) ; entry date : 3/13/92 (lam) (Entered: 03/13/1992)	March 12, 1992	March 12, 1992
100	OBJECTION by defendants to proposed order being without prejudice re mtn dismiss pla Ms. Jesusdaughter [98-1] (lam) (Entered: 03/13/1992)	March 12, 1992	March 12, 1992
101	RESPONSE by plaintiffs' to dfts' obj to proposed order re granting Ms. Appleseed Jesusdaughter's mtn to dismiss [98-1] (lam) (Entered: 03/16/1992)	March 13, 1992	March 13, 1992

show / hide docket entries

Case Details

State / Territory: Colorado

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Nov. 30, 1977

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All persons who were or would be incarcerated in the maximum security unit of the Colorado State penitentiary. Later, the class became all persons who were or would be confined in three specific correctional facilities in Colorado.

Public Interest Lawyer: Unknown

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Colorado State Penitentiary, State

Colorado Department of Corrections, State

Buena Vista Correctional Facility, State

Colorado Women's Correctional Facility (Canon City), State

Fremont Correctional Facility, State

Case Details

Causes of Action: