University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Bustos v. Herschler PC-WY-0001
Docket / Court C76-143B ( D. Wyo. )
State/Territory Wyoming
Case Type(s) Prison Conditions
Case Summary
Prisoners at the Wyoming State Penitentiary filed a lawsuit against the Wyoming Department of Corrections in the U.S. District Court for the District of Wyoming. On April 5, 1977, the court (Judge Clarence Brimmer) approved a settlement agreement between the parties. On April 14, 1977, the court ( ... read more >
Prisoners at the Wyoming State Penitentiary filed a lawsuit against the Wyoming Department of Corrections in the U.S. District Court for the District of Wyoming. On April 5, 1977, the court (Judge Clarence Brimmer) approved a settlement agreement between the parties. On April 14, 1977, the court (Judge Brimmer) dismissed the case with prejudice.

Several years after the case was dismissed, the Wyoming Department of Corrections proposed new rules and regulations for the Wyoming State Penitentiary Rulebook which were not in compliance with the settlement agreement. The plaintiffs asked the court to hold the defendants in contempt of the agreement, and the parties negotiated amendments to the proposed rules. On November 14, 1980, the U.S. District Court for the District of Wyoming (Judge Brimmer) ordered that an amended copy of the proposed rules was in compliance with the settlement agreement and should be entered into the rulebook.

On January 25, 1982, the U.S. District Court for the District of Wyoming (Judge Brimmer) ordered that the complaint be fully and finally dismissed, finding that all terms and conditions of the settlement agreement had been fully performed by all parties concerned.

Kristen Sagar - 04/12/2006


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Issues and Causes of Action
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Issues
General
Totality of conditions
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action
Defendant(s) Wyoming Department of Corrections
Plaintiff Description Persons who were incarcerated at the Wyoming State Penitentiary during the time period beginning on August 13, 1976 and ending on ending on the date of the order of dismissal
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 1977 - 1982
Case Closing Year 1982
Case Ongoing No
Additional Resources
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Case Studies Civil Rights Injunctions Over Time: A Case Study of Jail and Prison Court Orders
N.Y.U. Law Review
By: Margo Schlanger (Washington University)
Citation: 81 N.Y.U. L. Rev. 550 (2006)
[ Detail ] [ PDF ] [ External Link ]

  Judicial Policy Making and the Modern State: How the Courts Reformed America's Prisons
By: Malcolm M. Feeley & Edward Rubin (UC Berkeley Boalt Hall School of Law & Vanderbilt School of Law Faculty)
Citation: (1998)
[ Detail ]

Docket(s)
No docket sheet currently in the collection
General Documents
Order of Dismissal 04/05/1977 (D. Wyo.)
PC-WY-0001-0001 PDF | Detail
Order of Dismissal 04/14/1977 (D. Wyo.)
PC-WY-0001-0007 PDF | Detail
Order 11/14/1980 (D. Wyo.)
PC-WY-0001-0003 PDF | Detail
Amended Order of Dismissal 01/25/1982 (D. Wyo.)
PC-WY-0001-0005 PDF | Detail
Judges Brimmer, Clarence Addison Jr. (D. Wyo.)
PC-WY-0001-0001 | PC-WY-0001-0003 | PC-WY-0001-0005 | PC-WY-0001-0007
Monitors/Masters None on record
Plaintiff's Lawyers None on record
Defendant's Lawyers None on record
Other Lawyers None on record

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