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Civil Rights Litigation Clearinghouse
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Case Name Vandehey v. Vallario JC-CO-0002
Docket / Court 1:06-cv-01405-PSF-MJW ( D. Colo. )
State/Territory Colorado
Case Type(s) Jail Conditions
Attorney Organization ACLU Chapters (any)
Case Summary
On July 19, 2006, the American Civil Liberties Union Foundation of Colorado filed a 42 U.S.C. § 1983 class action lawsuit in the U.S. District Court for the District of Colorado, challenging the conditions of confinement at the Garfield County Jail in Glenwood Springs, Colorado. The plaintiffs ... read more >
On July 19, 2006, the American Civil Liberties Union Foundation of Colorado filed a 42 U.S.C. § 1983 class action lawsuit in the U.S. District Court for the District of Colorado, challenging the conditions of confinement at the Garfield County Jail in Glenwood Springs, Colorado. The plaintiffs alleged that prisoners in the Jail were subjected to a pervasive pattern of excessive force by Sheriff Deputies, including the misuse and abuse of pepperball guns, restraint chairs, tasers, electroshock belts, and pepper spray. The plaintiffs also alleged that the Sheriff failed to have proper written policies in place regarding the use of force and failed to enforce the policies that did exist. To remedy the alleged violations, the plaintiffs sought declaratory and injunctive relief, as well as class certification.

An amended complaint was filed on August 1, 2006, adding claims that inmates were often subjected to harsh discipline without being afforded due process and that the Sheriff denied mentally ill prisoners mental health care. That same day, the plaintiffs also filed an amended motion to certify the case as a class action.

The case was originally assigned to District Court Judge Phillip S. Figa. Judge Figa referred the handling of scheduling and discovery issues to Magistrate Judge Michael J. Watanabe. On January 8, 2008, the case was reassigned to Judge Wiley Y. Daniel, in light of the death of Judge Figa.

On March 13, 2008, the District Court partially granted and partially denied the motion to certify a plaintiff class. This decision was appealed, and on February 4, 2009, the U.S. Court of Appeals for the Tenth Circuit ordered the District Court to reconsider its class certification order. The case is ongoing.

On March 18, 2011, counsel for both parties filed a joint status report, indicating that they had reached a settlement subject to the approval of the four named plaintiffs, the terms of which are unknown.

On April 28, 2011, the court granted the plaintiffs' motion for voluntary dismissal with prejudice, with each party bearing its own attorney fees, costs, and expenses. This case is closed.

Kristen Sagar - 03/23/2009


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Issues and Causes of Action
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Issues
Affected Gender
Female
Male
General
Assault/abuse by staff
Disciplinary procedures
Pepper/OC spray
Restraints : chemical
Restraints : physical
Medical/Mental Health
Mental health care, general
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Defendant(s) Garfield County
Garfield County Sheriff's Department
Plaintiff Description Inmates confined at the Garfield County Jail in Glenwood Springs, Colorado.
Indexed Lawyer Organizations ACLU Chapters (any)
Class action status sought Yes
Class action status granted Pending
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Unknown
Source of Relief Settlement
Form of Settlement Private Settlement Agreement
Order Duration not on record
Case Closing Year 2011
Case Ongoing No
Additional Resources
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Case Studies After Decision: Implementation of Judicial Decrees in Correctional Settings
Written: Oct. 01, 1977
By: M. Kay Harris & Dudley P. Spiller (Temple University)
Citation: (1977)
[ Detail ] [ PDF ]

Docket(s)
1:06-cv-01405-WYD-MJW (D. Colo.) 04/28/2011
JC-CO-0002-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
First Amended Class Action Complaint 08/01/2006
JC-CO-0002-0001 PDF | Detail
First Amended Motion to Certify Class 08/02/2006
JC-CO-0002-0002 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order on Amended Motion to Certify Plaintiff Class and Objection to Magistrate Judge's Recommendation 03/13/2008 (2008 WL 697428) (D. Colo.)
JC-CO-0002-0005 PDF | WESTLAW | Detail
Document Source: Westlaw
Judgment on Petition for Permission to Appeal a Class Certification Order of the U.S. District court for the District of Colorado 02/04/2009 (554 F.3d 1259)
JC-CO-0002-0004 PDF | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
JOINT STATUS REPORT 03/18/2011
JC-CO-0002-0008 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
MINUTE ORDER (Denial of class certification) 03/22/2011 (D. Colo.)
JC-CO-0002-0006 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
ORDER 04/25/2011 (D. Colo.)
JC-CO-0002-0007 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Baldock, Bobby Ray (D.N.M., FISCR, Tenth Circuit)
JC-CO-0002-0004
Daniel, Wiley Young (D. Colo.)
JC-CO-0002-0005 | JC-CO-0002-0006 | JC-CO-0002-0007 | JC-CO-0002-9000
Kelly, Paul Joseph Jr. (Tenth Circuit)
JC-CO-0002-0004
O'Brien, Terrence L. (Tenth Circuit)
JC-CO-0002-0004
Watanabe, Michael J. (D. Colo.) [Magistrate]
JC-CO-0002-9000
Monitors/Masters None on record
Plaintiff's Lawyers Allred, Reid John (Colorado)
JC-CO-0002-9000
Hansen, Taggart (Colorado)
JC-CO-0002-0005 | JC-CO-0002-9000
Hudson-Arney, Marisa B. (Colorado)
JC-CO-0002-0005 | JC-CO-0002-9000
Murphy, Michael D. (Colorado)
JC-CO-0002-9000
Pendergrass, Taylor Scott (Colorado)
JC-CO-0002-0001 | JC-CO-0002-0002 | JC-CO-0002-0005 | JC-CO-0002-9000
Phillips, John D. Jr. (Colorado)
JC-CO-0002-0001 | JC-CO-0002-0002 | JC-CO-0002-9000
Silverstein, Mark (Colorado)
JC-CO-0002-0001 | JC-CO-0002-0002 | JC-CO-0002-0005 | JC-CO-0002-0008 | JC-CO-0002-9000
Ward, Robert E. II (Colorado)
JC-CO-0002-9000
Whitehair, J. Gregory (Colorado)
JC-CO-0002-0005 | JC-CO-0002-9000
Defendant's Lawyers DeFord, Don K. (Colorado)
JC-CO-0002-0005 | JC-CO-0002-9000
Hartman, Holli L (Colorado)
JC-CO-0002-0008
Lewis, Melanie Bailey (Colorado)
JC-CO-0002-0005 | JC-CO-0002-9000
Marks, Josh Adam (Colorado)
JC-CO-0002-0005 | JC-CO-0002-0008 | JC-CO-0002-9000
Quinn, Deborah (Colorado)
JC-CO-0002-0005 | JC-CO-0002-9000
Tomey, Kim Arquette (Colorado)
JC-CO-0002-0005 | JC-CO-0002-9000
Other Lawyers None on record

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