University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name Marioneaux v. Colorado State Penitentiary PC-CO-0009
Docket / Court 78-1065 ( D. Colo. )
State/Territory Colorado
Case Type(s) Prison Conditions
Case Summary
On October 12, 1978, maximum security prisoners at the Colorado State Penitentiary filed a class action 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 prisoners alleged that their constitutional rights ... read more >
On October 12, 1978, maximum security prisoners at the Colorado State Penitentiary filed a class action 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 prisoners alleged that their constitutional rights had been violated by the prison officials' placement of prisoners in punitive and administrative segregation without due process, which was a failure to comply with the procedures set forth in the prison manual.

On February 28, 1979, the U.S. District Court for the District of Colorado (Judge John Kane) granted the plaintiffs' request for a temporary restraining order, holding that the prison manual created constitutionally protected liberty interests for the inmates and that the prison officials' failures to comply were unjustified. Marioneaux v. Colorado State Penitentiary, 465 F.Supp. 1245 (D.Colo. 1979).

The defendants asked the court to enjoin one of the named plaintiffs, Richard Thiery, from proceeding with an action in the state district court in Canon City, Colorado. On March 9, 1984, the U.S. District Court for the District of Colorado (Judge Kane) denied the motion. Marioneaux v. Colorado State Penitentiary, 581 F.Supp. 26 (D.Colo. 1984).

On January 9, 1989, one of plaintiffs, Jack Chrisman, filed a motion asking the court to force the defendants to comply with the consent decree. On October 18, 1990, the U.S. District Court for the District of Colorado (Judge Sherman G. Finesilver) entered an order of closure to terminate the class action lawsuit, ruling that inmates would be allowed to proceed on their own if they had issues that were not settled by the termination of the class action lawsuit. On January 14, 1991, the plaintiffs and defendants reached a partial settlement. Individual plaintiffs continued to litigate their own claims, but the class action lawsuit was closed. We have no further information on the individual lawsuits.

Kristen Sagar - 03/17/2006


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
General
Administrative segregation
Classification / placement
Disciplinary procedures
Disciplinary segregation
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Defendant(s) Colorado Department of Corrections
Plaintiff Description prisoners at the Colorado State Penitentiary
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 Litigation
Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 1979 - 1991
Case Closing Year 1991
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)
78-1065 (D. Colo.) 01/19/2007
PC-CO-0009-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Temporary Restraining Order 02/28/1979 (465 F.Supp. 1245) (D. Colo.)
PC-CO-0009-0001 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Order Denying Injunctive Relief 03/09/1984 (581 F.Supp. 26) (D. Colo.)
PC-CO-0009-0002 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges Kane, John L. Jr. (D. Colo.)
PC-CO-0009-0001 | PC-CO-0009-0002 | PC-CO-0009-9000
Monitors/Masters None on record
Plaintiff's Lawyers Chase, Jonathon B. (Colorado)
PC-CO-0009-0001
Miller, David H. (Colorado)
PC-CO-0009-0002 | PC-CO-0009-9000
Salomon, Barbara (Colorado)
PC-CO-0009-0001
Defendant's Lawyers de Raismes, Joseph N. (Colorado)
PC-CO-0009-0001
DeMuro, David R. (Colorado)
PC-CO-0009-0002
Goldberg, Richard H. (Colorado)
PC-CO-0009-0001
Rediger, Richard K. (Colorado)
PC-CO-0009-0002
Other Lawyers None on record

- click to show/hide ALL -

new search
page permalink

- top of page -