University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Shapley v. O'Callaghan PC-NV-0005
Docket / Court 77-221 ( D. Nev. )
State/Territory Nevada
Case Type(s) Prison Conditions
Case Summary
In 1977, inmates at the Nevada State Prison filed a Section 1983 class action suit in the District of Nevada, against officials of the Nevada State Prisons. Plaintiffs alleged violations of the First, Fifth, Sixth, Eighth, and Fourteenth Amendments. In addition to overcrowding, plaintiffs ... read more >
In 1977, inmates at the Nevada State Prison filed a Section 1983 class action suit in the District of Nevada, against officials of the Nevada State Prisons. Plaintiffs alleged violations of the First, Fifth, Sixth, Eighth, and Fourteenth Amendments. In addition to overcrowding, plaintiffs complained of inadequate educational, vocational, work, and recreational opportunities; living conditions; and medical and psychiatric care. Plaintiffs had counsel from Washoe Legal Services and the ACLU National Prison Project.

In April 1983, the parties submitted a stipulated settlement agreement that required defendants to address each of the issues above and implemented plans to expand the capacity of the facility to alleviate the overcrowding. The agreement also required an independent auditor to submit three reports over a 16 month period. At the auditor's discretion, the period for compliance could be extended an additional twelve months requiring two additional reports. Following a July 1983 hearing, the District Court (Judge Edward Reed) approved the stipulated settlement agreement in an August 1983 order.

Allen F. Breed was named as the independent auditor and submitted five progress reports over the next two years. By the fifth progress report Mr. Breed had found defendants in full or partial compliance with all but 5 of the requirements in the stipulated settlement agreements. Mr. Breed was also named as the independent auditor in Taylor v. Wolff (PC-NV-006), a similar case involving the civil rights of prisoners in the Nevada State Prison system. Counsel from Washoe Legal Services and the ACLU National Prison Project represented plaintiffs in both matters.

Litigation was renewed in 1987 under the same docket number but new case name, Phillips v. Bryan. Plaintiffs, inmates at the Nevada State Prison, moved the court to hold the defendants in contempt for not complying with the 1983 settlement agreement. In May 1988, the parties agreed to a revised stipulated settlement agreement that renewed much of the 1983 agreement and provided for two independent monitors to ensure defendants' compliance. Jerry J. Enomoto and Patrick D. McManus were named as the independent monitors.

On February 6, 2006, an inmate filed a motion to restore and appoint federal monitors and alleged numerous violations of the stipulated settlement agreement. In particular the plaintiff alleged overcrowding (two men in a single cell), incorrect medical diets, and extreme temperatures during summer months. The case was then assigned to Judge Edward C. Reed, Jr and Robert A. McQuaid, Jr who issued an order striking the motion because the case had been closed since April 7, 1995. On February 14, 2006, an inmate sent a handwritten letter asking whether the stipulated settlement was still in effect. A few months later an inmate from the original case (who joined the prison advocacy group Nevada CURE after release) requested the docket to determine the validity of the agreement.

Eoghan Keenan - 06/10/2005


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Issues and Causes of Action
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Issues
Crowding
Crowding / caseload
General
Access to lawyers or judicial system
Administrative segregation
Classification / placement
Food service / nutrition / hydration
Recreation / Exercise
Sanitation / living conditions
Type of Facility
Government-run
Causes of Action 42 U.S.C. ยง 1983
Defendant(s) Nevada State Prison
Plaintiff Description inmates at the Nevada State Prison
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 1983 - n/a
Case Closing Year n/a
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)
77-221 (D. Nev.) 09/19/1997
PC-NV-0005-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
77-221 (D. Nev.) 06/22/2006
PC-NV-0005-9001.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Stipulated Partial Settlement Agreement 01/01/1983
PC-NV-0005-0001.pdf | Detail
Stipulated Settlement Agreement 04/05/1983
PC-NV-0005-0002.pdf | Detail
Order 08/22/1983 (D. Nev.)
PC-NV-0005-0003.pdf | Detail
[Auditor's] First Progress Report on Compliance with Stipulated Agreement 05/11/1984
PC-NV-0005-0004.pdf | Detail
Auditor's Second Progress Report on Compliance with Stipulated Agreement 10/25/1984
PC-NV-0005-0005.pdf | Detail
Auditor's Third Progress Report on Compliance with Stipulated Agreement 02/28/1985
PC-NV-0005-0006.pdf | Detail
[Auditor's] Fourth Progress Report on Compliance with Stipulated Agreement 10/10/1985
PC-NV-0005-0007.pdf | Detail
Auditor's Fifth Progress Report on Compliance with Stipulated Agreement 12/13/1985
PC-NV-0005-0008.pdf | Detail
Stipulated Settlement Agreement 05/12/1988
PC-NV-0005-0009.pdf | Detail
Order Approving Stipulated Settlement Agreement 05/20/1988 (D. Nev.)
PC-NV-0005-0010.pdf | Detail
Stipulated for Settlement of Attorneys' Fees 05/20/1988
PC-NV-0005-0011.pdf | Detail
[Re:] Stipulated Settlement Agreement 02/20/1989
PC-NV-0005-0013.pdf | Detail
Notice of Names and Addresses of Counsel for Plaintiff Class and Counsel for Defendant 11/06/1991
PC-NV-0005-0012.pdf | Detail
Motion to Restore/Appoint Federal Monitors 01/15/2006
PC-NV-0005-0014.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Burns, James Milton (D. Or.)
PC-NV-0005-0010
McQuaid, Robert A. Jr. (D. Nev.) [Magistrate]
PC-NV-0005-9001
Reed, Edward Cornelius Jr. (D. Nev.)
PC-NV-0005-0003 | PC-NV-0005-9001 | PC-NV-0005-9001
Monitors/Masters Breed, Allen F. (California)
PC-NV-0005-0004 | PC-NV-0005-0005 | PC-NV-0005-0006 | PC-NV-0005-0007 | PC-NV-0005-0008 | PC-NV-0005-9000
Enomoto, Jerry (Nevada)
PC-NV-0005-0013 | PC-NV-0005-9000
McManus, Patrick D. (Minnesota)
PC-NV-0005-0013 | PC-NV-0005-9000
Plaintiff's Lawyers Bronstein, Alvin J. (District of Columbia)
PC-NV-0005-9000
Freeman, Alexa P. (District of Columbia)
PC-NV-0005-0009 | PC-NV-0005-0012 | PC-NV-0005-9000
Nielsen, Ernest K. (Nevada)
PC-NV-0005-0012 | PC-NV-0005-9000
Wright, Claudia T. (District of Columbia)
PC-NV-0005-0001 | PC-NV-0005-0002 | PC-NV-0005-0011
Zeh, Charles R. (Nevada)
PC-NV-0005-0001 | PC-NV-0005-0002 | PC-NV-0005-0009 | PC-NV-0005-0011 | PC-NV-0005-0012 | PC-NV-0005-9000
Defendant's Lawyers Adler, Ernest E. (Nevada)
PC-NV-0005-0001 | PC-NV-0005-0011
Cardinalli, Marc P. (Nevada)
PC-NV-0005-0012 | PC-NV-0005-9000
Hutchins, Brian (Nevada)
PC-NV-0005-0009
McKay, Brian (Nevada)
PC-NV-0005-0001 | PC-NV-0005-0002 | PC-NV-0005-0009 | PC-NV-0005-0011
Nielsen, Brooke A. (Nevada)
PC-NV-0005-0002
Parks, Cameron J. (Nevada)
PC-NV-0005-9000
Other Lawyers None on record

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