University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name Floyd v. Ortiz PC-CO-0008
Docket / Court 81-1754 ( D. Colo. )
State/Territory Colorado
Case Type(s) Prison Conditions
Case Summary
In October 1981, inmates at various state penal institutions in Colorado filed a pro se 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 claimed that the defendants had violated their ... read more >
In October 1981, inmates at various state penal institutions in Colorado filed a pro se 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 claimed that the defendants had violated their constitutional rights, depriving them of property by keeping the inmate funds in non-interest bearing accounts.

In February 1982, the parties entered into a settlement agreement in the U.S. District Court for the District of Colorado, in which the plaintiffs relinquished their claims for interest earned on individual accounts and agreed to pursue grievance procedures before bringing legal claims in the future. The action was never formally dismissed by the court. In November 1983, the court reopened the case and entered an amended agreement, clarifying that the inmates would have separate, individualized accounts within the umbrella of the inmate trust account.

In May 2001, the plaintiffs asked the court to enforce the terms of the agreement and hold the defendants in contempt of court for failing to comply. The U.S. District Court for the District of Colorado (Judge John Kane) denied the plaintiff's petition, and the plaintiff appealed. On August 28, 2002, the U.S. Court of Appeals for the Tenth Circuit (Judge Carlos Lucero) denied the plaintiff's appeal, affirming the district court's decision. Floyd v. Ortiz, 300 F.3d 1223 (10th Cir. 2002). On May 21, 2003, the case was closed.

In May 2009, however, a motion to enforce the consent decree was again brought, this time by another inmate, acting as an Interested Party. Judge Kane granted the defendant's subsequent, and unopposed, motion to terminate prospective relief. The inmate filed a notice of appeal in the Tenth Circuit Court of Appeals but failed to pay the filing fee. Consequently, his appeal was dismissed for lack of prosecution.

Kristen Sagar - 03/31/2006
Kevin Nomura - 03/09/2015


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
General
Loss or damage to property
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Defendant(s) Colorado Department of Corrections
Plaintiff Description Inmate petitioning to obtain contempt citations against executive director of Colorado department of corrections
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted Unknown
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 1982 - 2002
Case Closing Year n/a
Case Ongoing No
Additional Resources
click to show/hide detail
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)
1:81−cv−01754−JLK (D. Colo.) 09/14/2010
PC-CO-0008-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Reported Opinion 08/28/2002 (300 F.3d 1223)
PC-CO-0008-0001 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges Kane, John L. Jr. (D. Colo.)
PC-CO-0008-9000
Lucero, Carlos F. (Tenth Circuit)
PC-CO-0008-0001
Monitors/Masters None on record
Plaintiff's Lawyers Katzman, Steven Bruce (Colorado)
PC-CO-0008-9000
Defendant's Lawyers Dailey, John Daniel (Colorado)
PC-CO-0008-9000
Gellar, Nicole S. (Colorado)
PC-CO-0008-9000
Salazar, Ken (Colorado)
PC-CO-0008-0001
Zolynas, Juliana M. (Colorado)
PC-CO-0008-0001
Other Lawyers None on record

- click to show/hide ALL -

new search
page permalink

- top of page -