University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name Ayers v. Perry PC-NM-0003
Docket / Court 02-1438 ( D.N.M. )
State/Territory New Mexico
Case Type(s) Disability Rights-Pub. Accom.
Prison Conditions
Special Collection Solitary confinement
Case Summary
In October 2002, prisoners confined at the Special Controls Facilities within the New Mexico State penal system filed a Section 1983 class action suit in the District of New Mexico against officials of the New Mexico Department of Corrections. Represented by the ACLU National Prison Project and ... read more >
In October 2002, prisoners confined at the Special Controls Facilities within the New Mexico State penal system filed a Section 1983 class action suit in the District of New Mexico against officials of the New Mexico Department of Corrections. Represented by the ACLU National Prison Project and other counsel, plaintiffs alleged that defendants did not provide adequate mental health care, used excessive force, and discouraged the filing of grievances. Plaintiffs also alleged that defendants' actions constituted violations of the Americans with Disabilities and Rehabilitation Acts. Just after the complaint was filed, the court consolidated a non-class action raising similar issues with this case. See Sandoval v. Lopez (PC-NM-0004).

On May 20, 2003, the parties entered into a settlement agreement. The agreement provided for expanded and improved mental health care, mental health screening, establishment of neuropsychological testing protocols, continued care for inmates released from the mental health unit, provision of addiction services, provision of paralegals to inmates, unrestricted phone calls from attorneys, staff training, inmate witnesses in disciplinary hearings, protocols for restoration of good time, education and programming, increased number of inmate beds, visitation, recreation, personal property allowances, mail, religious items, and classification procedures.

In June 2003, the District Court (Judge Bruce D. Black) granted plaintiffs' unopposed motion for dismissal with prejudice. The order for dismissal resolved all of the plaintiffs' claims, in both this and a related state court case. (D-0101-cv-100202294). (Subsequently, there was additional litigation in Sandoval, PC-NM-004, described in that case's litigation summary.)

Kristen Sagar - 10/20/2007


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Affected Gender
Male
Discrimination-basis
Disability (inc. reasonable accommodations)
General
Access to lawyers or judicial system
Assault/abuse by staff
Classification / placement
Disciplinary procedures
Education
Good time
Grievance Procedures
Loss or damage to property
Phone
Recreation / Exercise
Religious programs / policies
Search policies
Solitary confinement/Supermax (conditions or process)
Staff (number, training, qualifications, wages)
Visiting
Medical/Mental Health
Mental health care, general
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. ยง 1983
Defendant(s) New Mexico DOC
Plaintiff Description prisoners confined at the Special Controls Facilities within the New Mexico State penal system
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2003 - n/a
Case Closing Year 2003
Case Ongoing No
Case Listing PC-NM-0004 : Sandoval v. Lopez (D.N.M.)
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)
02-1438 (D.N.M.) 06/20/2003
PC-NM-0003-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint for Class Based Declaratory and Injunctive Relief and for Individual Compensatory and Punitive Damages 11/02/2002
PC-NM-0003-0001.pdf | Detail
Letter Agreement 05/20/2003
PC-NM-0003-0003.pdf | Detail
Order for Dismissal with Prejudice 06/20/2003 (D.N.M.)
PC-NM-0003-0002.pdf | Detail
Judges Black, Bruce D. (D.N.M.)
PC-NM-0003-0002 | PC-NM-0003-9000
Schneider, W. Daniel (D.N.M.) [Magistrate]
PC-NM-0003-9000
Monitors/Masters None on record
Plaintiff's Lawyers Cooper, Sophie (New Mexico)
PC-NM-0003-0003
Cubra, Peter (New Mexico)
PC-NM-0003-0001 | PC-NM-0003-0003
Davis, Philip B. (New Mexico)
PC-NM-0003-0001
Donatelli, Mark H. (New Mexico)
PC-NM-0003-0001 | PC-NM-0003-0002 | PC-NM-0003-0003
Fathi, David Cyrus (District of Columbia)
PC-NM-0003-0001
Kronen, Lawrence (New Mexico)
PC-NM-0003-0001
Macy, Edwin (New Mexico)
PC-NM-0003-0001
Yee, Jane (New Mexico)
PC-NM-0003-0003
Defendant's Lawyers Booms, Robert Tabor (New Mexico)
PC-NM-0003-0002 | PC-NM-0003-0003
Other Lawyers None on record

- click to show/hide ALL -

new search
page permalink

- top of page -