University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Marquiz v. Romer PC-CO-0003
Docket / Court 92-K-1470 7 ( D. Colo. )
State/Territory Colorado
Case Type(s) Disability Rights-Pub. Accom.
Prison Conditions
Case Summary
On July 28, 1992, sixteen inmates of the Limon Correctional Facility in Colorado filed a lawsuit under 42 U.S.C. § 1983 against the Colorado Department of Corrections in the U.S. District Court for the District of Colorado. The plaintiffs alleged that their constitutional rights had been violated ... read more >
On July 28, 1992, sixteen inmates of the Limon Correctional Facility in Colorado filed a lawsuit under 42 U.S.C. § 1983 against the Colorado Department of Corrections in the U.S. District Court for the District of Colorado. The plaintiffs alleged that their constitutional rights had been violated by overcrowding, inadequate staffing, denial of access to legal services, failure to provide adequate accommodations for disabled persons under the Americans with Disabilities Act, and problematic classification of inmates, which lead to high levels of danger and violence. On August 6, 1993, the original case was consolidated with another similar action, Hall v. Romer, No. 92-cv-1932, which was filed in the U.S. District Court for the District of Colorado on September 30, 1992. This resulted in the joining of plaintiff inmates from the Denver County Jail, the Centennial Correctional Facility, the Colorado Territorial Correctional Facility, and the Colorado State Penitentiary.

On December 21, 1995, the U.S. District Court for the District of Colorado (Judge John L. Kane) granted summary judgment to the defendants on the claims regarding classification procedures and denial of right to legal access. The court denied summary judgment to the defendants on the claims regarding conditions of confinement and the denial of access to disabled inmates under the Americans with Disabilities Act.

On May 20, 1997, the parties entered into a settlement agreement, which the district court (Judge Kane) approved on May 21, 1997. On May 23, 1997, the court dismissed the case with prejudice and ordered that attorneys' fees were to be paid in accordance with the settlement agreement. Our docket sheet, current through May 18, 2006, notes that the case has had no activity since January 4, 2002.

Kristen Sagar - 06/24/2007


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Issues and Causes of Action
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Issues
Discrimination-basis
Disability (inc. reasonable accommodations)
General
Access to lawyers or judicial system
Staff (number, training, qualifications, wages)
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
42 U.S.C. § 1983
Defendant(s) Colorado Department of Corrections
Limon Correctional Facility
Plaintiff Description Sixteen inmates confined to the Limon Correctional Facility claiming Limon is overcrowded, its staffing inadequate, and that inmates of different security classifications are "mixed" together such that they are subjected to an unacceptable level of danger
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Unknown
Prevailing Party Mixed
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 1997 - n/a
Case Closing Year 1997
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)
92-1470 (D. Colo.) 01/04/2002
PC-CO-0003-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
92-1932 (D. Colo.) 01/04/2002
PC-CO-0003-9001 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Memorandum Opinion and Order 12/21/1995 (D. Colo.)
PC-CO-0003-0001 PDF | Detail
Judges Kane, John L. Jr. (D. Colo.)
PC-CO-0003-0001 | PC-CO-0003-9000 | PC-CO-0003-9001
Monitors/Masters None on record
Plaintiff's Lawyers Black, Steven W. (Colorado)
PC-CO-0003-0001 | PC-CO-0003-9000 | PC-CO-0003-9001
Miller, David H. (Colorado)
PC-CO-0003-0001 | PC-CO-0003-9000 | PC-CO-0003-9001
Sepulevda, Ray (Colorado)
PC-CO-0003-9001
Defendant's Lawyers Armijo, Rumaldo R. (New Mexico)
PC-CO-0003-9000 | PC-CO-0003-9001
Lizza, John August (Colorado)
PC-CO-0003-9000
Parchman, Thomas S. (Colorado)
PC-CO-0003-0001 | PC-CO-0003-9000 | PC-CO-0003-9001
Scott, Yvonne E. (Colorado)
PC-CO-0003-9000
Williams, Michael S. (Colorado)
PC-CO-0003-9000 | PC-CO-0003-9001
Other Lawyers None on record

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