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Case Name Redmond v. Bigelow PC-UT-0004
Docket / Court 2:13-cv-00393-DAK ( D. Utah )
State/Territory Utah
Case Type(s) Prison Conditions
Attorney Organization ACLU Chapters (any)
Case Summary
On June 3, 2013, Utah State Prison prisoners who suffered from physical and mental health conditions filed this class-action lawsuit in the U.S. District Court for the District of Utah. The prisoners sued under 42 U.S.C. § 1983 against the prison's warden in his official capacity, a captain in his ... read more >
On June 3, 2013, Utah State Prison prisoners who suffered from physical and mental health conditions filed this class-action lawsuit in the U.S. District Court for the District of Utah. The prisoners sued under 42 U.S.C. § 1983 against the prison's warden in his official capacity, a captain in his personal capacity, and a guard in his personal capacity. The prisoners, represented by the ACLU of Utah and private counsel, asked the court for declaratory, injunctive, and monetary relief for damages, claiming violations of the both the Utah Constitution's and the Eighth Amendment's cruel and unusual punishment clauses. Specifically, the prisoners claimed that the defendants created an unconstitutional condition of confinement posing a substantial risk of serious harm to plaintiffs' health and safety by pumping tear gas into prisoners' cells and leaving them to suffer for twenty to thirty minutes.

The prisoners sought class certification for two classes: (1) the Injunctive Class, defined as “all prisoners currently incarcerated in the Olympus wing of the Utah State Prison,” and (2) the Damages Class, defined as “all prisoners and former prisoners who were in their cells in the Olympus Wing of the Utah State Prison on August 3, 2011, and were thereby exposed to noxious CS gas.”

On June 18, 2014, the court (Judge Dale A. Kimball) granted certification for both classes. 2014 WL 2765469 (D. Utah June 18, 2014).

On January 29, 2015, the prisoners filed an amended complaint.

As of February 27, 2016, litigation is ongoing and the parties are still in the discovery phase. The defendants have moved for summary judgment.


Jessica Kincaid - 02/27/2016


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Issues and Causes of Action
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Issues
Constitutional Clause
Cruel and Unusual Punishment
Defendant-type
Corrections
Disability
disability, unspecified
Mental impairment
General
Assault/abuse by staff
Conditions of confinement
Disciplinary procedures
Pepper/OC spray
Personal injury
Medical/Mental Health
Medical care, general
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action State law
42 U.S.C. § 1983
Defendant(s) Utah State Prison
Plaintiff Description Utah State Prison prisoners suffering from physical and mental health conditions
Indexed Lawyer Organizations ACLU Chapters (any)
Class action status sought Yes
Class action status granted Yes
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing Yes
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)
2:13−cv−00393 (D. Utah) 02/29/2016
PC-UT-0004-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 06/03/2013
PC-UT-0004-0001 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum Decision and Order 06/17/2014 (2014 WL 2765469) (D. Utah)
PC-UT-0004-0002 PDF | WESTLAW | Detail
Document Source: Bloomberg Law
Plaintiffs' Amended Complaint for Damages, and for Class-Wide Declaratory and Injunctive Relief 01/29/2015
PC-UT-0004-0003 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Kimball, Dale A. (D. Utah)
PC-UT-0004-0002 | PC-UT-0004-9000
Warner, Paul M. (D. Utah) [Magistrate]
PC-UT-0004-9000
Monitors/Masters None on record
Plaintiff's Lawyers Brown, Bryson R. (Utah)
PC-UT-0004-9000
Farrell, Leah M. (Utah)
PC-UT-0004-0001 | PC-UT-0004-9000
Jenkins, Eric K (Utah)
PC-UT-0004-0003 | PC-UT-0004-9000
Mejia, John (Utah)
PC-UT-0004-0001 | PC-UT-0004-9000
Porter, Karra J. (Utah)
PC-UT-0004-0001 | PC-UT-0004-0003 | PC-UT-0004-9000
Defendant's Lawyers Jones, Joni J. (Utah)
PC-UT-0004-9000
Kaiser, Kyle J. (Utah)
PC-UT-0004-9000
Maloy, Lucia (Utah)
PC-UT-0004-9000
Other Lawyers None on record

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