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Case Name Henry v. Deland PC-UT-0003
Docket / Court 89 -1124 ( D. Utah )
State/Territory Utah
Case Type(s) Prison Conditions
Attorney Organization Bazelon Center
NDRN/Protection & Advocacy Organizations
Case Summary
On December 18, 1989, Sandra Henry filed a class action lawsuit under 42 U.S.C § 1983 in the United States District Court for the District of Utah against the Utah Department of Corrections. Henry brought the lawsuit on behalf of herself and current and future inmates at the Utah State ... read more >
On December 18, 1989, Sandra Henry filed a class action lawsuit under 42 U.S.C § 1983 in the United States District Court for the District of Utah against the Utah Department of Corrections. Henry brought the lawsuit on behalf of herself and current and future inmates at the Utah State Penitentiary at Draper. Plaintiffs were represented by the Legal Center for the Handicapped, the ACLU of Utah Foundation, and private attorneys. The National Prison Project of the ACLU later represented plaintiffs. The lawsuit was seeking injunctive relief ordering defendant to take steps to improve medical and mental health care provided at the prison. The plaintiffs alleged that the prison failed to employ enough physicians, dentists, psychiatrists, and nurses to provide care to inmates, leaving inmates with unmet medical needs. For example, Henry was an HIV positive inmate who was denied AZT despite federal guidelines mandating the treatment. Inmates were required to use a lengthy grievance procedure, which could last up to 70 days, when their medical needs were unmet, even when their conditions were serious or potentially life threatening. Inmates with severe mental health disorders were often housed in the general population.

The parties agreed on a settlement of the mental health claims on September 8, 1992. In April of 1993, the court (Chief Judge Bruce S. Jenkins) approved the settlement and retained jurisdiction to enforce the terms of the settlement. Prison officials agreed to employ an adequate number of mental health professionals, to screen all inmates entering the prison system for signs of mental illness, and provide individualized treatment plans to inmates. All inmates would receive information regarding mental health services available at the prison. The settlement agreement also covered training of staff, crisis intervention procedures, and procedures for administering psychotropic medications. Defendants were given two years to comply with these provisions.

On January 23, 1993, the parties executed a settlement of the medical and dental claims. A final order approving this settlement was entered on June 1, 1993 by Judge Jenkins. Defendants agreed to ensure that inmates had access to a health care program equivalent to that within the community. A Bureau of Medical Services, under the direction of physicians, was given authority to implement the changes within the prison system. Defendants agreed to create a Continuous Quality Improvement Committee to assure compliance with the policies and procedures outlined in the settlement agreement and to oversee all contracts awarded to outside health care providers. Specific provisions of the settlement agreement included screening all incoming inmates for chronic conditions, communicable diseases, and dental problems, providing inmates with periodic health reviews, providing an adequate number of infirmary beds, and providing inmates with daily access to a licensed health care professional. Defendants were given two years to comply with these provisions.

The docket indicates that the case was closed on June 24, 1993 and litigation continued through 2000 regarding attorneys' fees.

Angela Heverling - 03/20/2006


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Issues and Causes of Action
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Issues
Medical/Mental Health
Medical care, general
Mental health care, general
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Defendant(s) Utah State Prison
Plaintiff Description current and future inmates at the Utah State Penitentiary at Draper
Indexed Lawyer Organizations Bazelon Center
NDRN/Protection & Advocacy Organizations
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 1992 - n/a
Case Closing Year 2000
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)
89 -1124 (D. Utah) 09/25/2000
PC-UT-0003-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 12/18/1989
PC-UT-0003-0001.pdf | Detail
Stipulation of Settlement of Mental Health claims 09/08/1992
PC-UT-0003-0002.pdf | Detail
Order Approving and Implementing Plaintiffs' Plan for Notice of Proposed Settlement of Mental Health Claims and Notice of Hearing 09/25/1992 (D. Utah)
PC-UT-0003-0007.pdf | Detail
Stipulation of Settlement of Medical and Dental claims (Draft) 12/24/1992
PC-UT-0003-0004.pdf | Detail
Order Approving and Implementing Plaintiff's Plan for Notice of Proposed Settlement of Medical and Dental Claims[,] and Notice of Hearing [Proposed Plan Attached] 02/11/1993 (D. Utah)
PC-UT-0003-0005.pdf | Detail
Final Order Approving and Implementing Stipulation of Settlement of Mental Health Claims 04/19/1993 (D. Utah)
PC-UT-0003-0003.pdf | Detail
Final Order Approving and Implementing Stipulation of Settlement of Medical and Dental Claims 06/01/1993 (D. Utah)
PC-UT-0003-0006.pdf | Detail
Judges Boyce, Ronald N. (D. Utah) [Magistrate]
PC-UT-0003-0007
Campbell, Tena (D. Utah)
PC-UT-0003-9000
Jenkins, Bruce Sterling (D. Utah)
PC-UT-0003-0003 | PC-UT-0003-0005 | PC-UT-0003-0006
Monitors/Masters None on record
Plaintiff's Lawyers Battle, W. Cullen (Utah)
PC-UT-0003-0001 | PC-UT-0003-0002 | PC-UT-0003-0003 | PC-UT-0003-0004 | PC-UT-0003-0006 | PC-UT-0003-0007 | PC-UT-0003-9000
Denton, Robert B. (Utah)
PC-UT-0003-0001 | PC-UT-0003-0002 | PC-UT-0003-0004 | PC-UT-0003-9000
Freeman, Alexa P. (District of Columbia)
PC-UT-0003-0002 | PC-UT-0003-0003 | PC-UT-0003-0004 | PC-UT-0003-0006 | PC-UT-0003-0007 | PC-UT-0003-9000
Heineman, Robert K. (Utah)
PC-UT-0003-0001 | PC-UT-0003-9000
Lopez, Mark J. (New York)
PC-UT-0003-9000
Lopez, Mark J. (District of Columbia)
PC-UT-0003-0002 | PC-UT-0003-0004
Marcy, Lisa A. (Utah)
PC-UT-0003-0001 | PC-UT-0003-0002 | PC-UT-0003-0004
McGarry, Lisa M. (Utah)
PC-UT-0003-9000
Priebe, Linda V. (District of Columbia)
PC-UT-0003-9000
Rudolph, Mary A. (Utah)
PC-UT-0003-0002 | PC-UT-0003-0003 | PC-UT-0003-0004 | PC-UT-0003-0006 | PC-UT-0003-0007 | PC-UT-0003-9000
Switzer, Kathleen H. (Utah)
PC-UT-0003-0001 | PC-UT-0003-0002 | PC-UT-0003-0003 | PC-UT-0003-0004 | PC-UT-0003-0006 | PC-UT-0003-9000
Defendant's Lawyers Baldwin, Mariane (Utah)
PC-UT-0003-9000
Barry, Kent M. (Utah)
PC-UT-0003-9000
Jones, Mohamedu F. (District of Columbia)
PC-UT-0003-9000 | PC-UT-0003-9000
Larson, Allan L. (Utah)
PC-UT-0003-0003 | PC-UT-0003-0006 | PC-UT-0003-0007 | PC-UT-0003-9000
Mylar, Frank D. (Utah)
PC-UT-0003-0002 | PC-UT-0003-0003 | PC-UT-0003-0004 | PC-UT-0003-0006 | PC-UT-0003-0007 | PC-UT-0003-9000
Nolan, Christopher D. (Utah)
PC-UT-0003-9000
Sandbaken Hill, Carrie L. (Minnesota)
PC-UT-0003-9000
Torgensen, Kirk M. (Utah)
PC-UT-0003-0002 | PC-UT-0003-0003 | PC-UT-0003-0004 | PC-UT-0003-0006 | PC-UT-0003-9000
Van Dam, R. Paul (Utah)
PC-UT-0003-0002 | PC-UT-0003-0004
Other Lawyers None on record

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