Knapp v. Romer

-CO-002-001

"95 NOV 17 P4:46 IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

.J \MES R. MANSPEAKE?. CLERK

Civil Action No. 95-K-1878

DEp CLK

JEFFREY KNAPP, CHARLES BALDWIN, LEEBURKE, DELBERT LEGGIONS, JAY MONTAGUE, RAYSHAFFER, MANUAL TORRES, JACOB VALDEZ, and RICHARD WESTLEY,

Plaintiffs,

vs.

R O Y S. ROMER, G O V E R N O R O F T H E STATE O F COLORADO; ARISTEDES ZAVARAS, EXECUTIVE DIRECTOR OF THECOLORADO DEPARTMENT OF CORRECTIONS; BOWIE COUNTY, TEXAS; MARY CHOATE, SHERIFF OF BOWIE COUNTY, TEXAS; ANTHONY RICHARDSON, WARDEN OFT H E BOWIE COUNTY CORRECTIONAL FACILITY, all in their official capacities,

Defendants.

FIRST AMENDED COMPLAINT

Plaintiffs, on their own behalf, and on behalf of all other persons similarly situated, by and through their attorneys, James E. Hartley and Steven W. Black of Holland & Hart and David H . Miller of the American Civil Liberties Union, assert this complaint against defendants.
I. Preliminary Statement 1. Plaintiffs are inmates of the Colorado Department of Corrections. O n or after June 10, 1995, the Colorado D e p a r t m e n t of Corrections transported Plaintiffs to the Bowie County Correctional Facility (BCCF) in Texas. Plaintiffs bring this action to

challenge and obtain relief from a combination of hostile conditions and policies that are inflicting cruel and unusual punishment upon them in violation of their constitutional rights.
2. Plaintiffs assert that the totality of conditions at BCCF falls below contemporary standards of human decency. In addition, conditions in certain core areas have deprived Plaintiffs of essential human needs, inflict needless suffering, create an environment which threatens the physical and mental well being of members of the Plaintiff class, and contribute to the unnecessary physical and emotional deterioration of prisoners confined at BCCF. Generally speaking, the deficient core areas are: (a) an abusive, overcrowded, unsanitary and unhealthful physical environment; (b) forced idleness; (c) fire danger; (d) violation of the Establishment Clause; and (e) systematically deficient medical, dental and mental health care.
3. Through this action, Plaintiffs seek (a) a declaratory judgment that their constitutional rights are being violated and (b) a comprehensive mjunctive and remedial order to abate permanently the unconstitutional conditions causing the violations.
II. Jurisdiction 4. This action is brought pursuant to 42 U.S.C. §1983. Plaintiffs seek redress of injuries suffered by them and the class they represent as a result of defendants' conduct under color of state law that violates plaintiffs' rights under the First, Fifth, Eighth and Fourteenth Amendments to the United States Constitution. This Court has Jurisdiction under 28 U.S.C. §§1331, 1343.

5. Venue lies in this Court pursuant to 28 U.S.C. §1391(b). Defendants Roy S. Romer and Aristedes Zavaras reside in the District of Colorado. The plaintiffs are inmates and residents of the State of Colorado, present only temporarily and involuntarily in Bowie County, Texas. The ultimate responsibility for plaintiffs' injuries rests with Defendants Romer and Zavaras, who reside in this District.
III. The Parties A. Plaintiffs 6. The named Plaintiffs are adult inmates in BCCF. 7. With the exception of several juvenile inmates incarcerated in BCCF, the class represented by the named Plaintiffs is composed of adult inmates in BCCF. B. Defendants 8. Roy S. Romer is the Governor of the State of Colorado. As Governor, he exercises ultimate authority over the operations of the Colorado Department of Corrections. He has been personally aware of and has approved the transfer of the plaintiff class to Bowie County, Texas. 9. Aristedes Zavaras is the Executive Director of the Colorado Department of Corrections. He is the department's chief executive officer and supervises the operation of the Colorado state prison system. Defendant Zavaras is responsible for the transfer of the plaintiff class to BCCF, and for the maintenance of prison standards wherever Colorado prisoners are incarcerated, including BCCF. Defendant Zavaras has personally

inspected BCCF and has subsequently approved the continued incarceration of the plaintiff class in BCCF.
10. Bowie County, Texas, is a political subdivision of the State of Texas. It has contracted with the Department of Corrections of the State of Colorado to incarcerate the members of the plaintiff class within its borders at the BCCF. Pursuant to that contract, the plaintiff class was transferred to BCCF where they are still imprisoned by Defendant Bowie County, which is responsible for the conditions of their incarceration.
11. Mary Choate is the duly elected sheriff of Bowie County, Texas. As such she is responsible for the conditions of incarceration of those inmates housed within the BCCF. She is knowledgeable as to the conditions of confinement of the plaintiff class.
12. Anthony Richardson is the Warden of BCCF. In this capacity he is directly responsible for the maintenance of prison conditions at BCCF that conform with contemporary standards of decency and the provisions of the First, Fifth, Eighth and Fourteenth Amendments to the United States Constitution. Additionally, Defendant Richardson is knowledgeable about the conditions of incarceration of the BCCF.
IV. Class Action Allegations 13. Plaintiffs bring this action on their own behalf and, pursuant to Rule 23(a) and (b)(2) of the Federal Rules of Civil Procedure, on behalf of the class of all Colorado prisoners who now are or in the future will be confined at BCCF. 14. The class consists of approximately 500 prisoners and joinder of all members is impractical.

15. This lawsuit challenges various conditions of confinement at BCCF and there are questions of law and fact common to the class, including whether defendants have violated the First, Fifth, Eighth and Fourteenth Amendments to the United States Constitution.
16. The Plaintiffs' claims are typical of the claims of the class, and Plaintiffs and their counsel will thoroughly and adequately represent the interests of the class. Counsel for the plaintiff class has been counsel in numerous prior federal lawsuits involving similar issues.
17. The Defendants have acted and refused to act on grounds generally applicable to the class. Final injunctive and declaratory relief is appropriate on a classwide basis.
V. Factual Allegations 18. As shown below, the totality of conditions over which Defendants preside are incompatible with contemporary standards of decency and result in the unnecessary and wanton infliction of pain. By depriving Plaintiffs of such basic human needs as adequate shelter and sanitation, personal and fire safety, and medical, dental and mental health care, Defendants are violating Plaintiffs' right to be free from cruel and unusual punishment as prescribed by the Eighth Amendment of the United States Constitution. 19. The conditions described below at BCCF are well known to Defendants who have not taken adequate steps to correct them.

A. Introduction 20. In November of 1979, the Honorable John L. Kane, Jr. bluntly summarized Defendants' constitutional obligations in the operation of the Colorado prison system: If the State of Colorado wants of confine persons convicted of crime, they are going to have to pay to staff (prisons) adequately and they're going to have to pay to provide essential programs; and if they don't, whether (a prison) is a new facility or an old one, it will be closed. 21. This summary of Defendants' constitutional obligations applies both to prisons in Colorado, and prisons outside of Colorado where Colorado prisoners are incarcerated. Defendants Romer and Zavaras cannot escape their constitutional obligations by transferring the prisoners for whom they are responsible out of state. All Defendants, singly and jointly, with respect to the allegations contained herein, are Colorado State actors, within the meaning of 42 U.S.C. § 1983. 22. As described within, defective administrative management, arbitrary policies and regulations, security crises, untrained, corrupt and violent staff, forced idleness, collective punishment by prison officials, deliberate harassment by prison staff, and inappropriate and inadequate facilities not only exacerbate, but in fact, are frequently the root cause for the many deficient conditions at BCCF. These conditions and policies overtax virtually every constitutionally required support system and service, and create a harmful and intolerable environment. These conditions increase stress, tension, and violence among inmates, and create increased health risks, such as the likelihood of the spread of communicable disease, assaults and suicide. This results in

an adverse impact on the physical and mental well being of the prisoners, causing unnecessary and unacceptable pain.
B. Personal Safety 23. BCCF has hired staff with inadequate experience and has provided them with insufficient training. One manifestation of this lack of training is a series of raciallybased threats to inmates by BCCF staff. In addition, there is inadequate supervision of prison staff. This has resulted in the abusive macing and punishment of inmates. These two problems combined represent a serious threat to the safety of inmates at BCCF. 24. The BCCF staffs lack of control within the facility is exacerbated by the ineffectiveness of outside government agencies required to inspect the facility. These agencies include the Texas State Health Inspectors, the Texas Commission on Jail Standards and the Colorado Department of Corrections. 25. The assignment of officers who are not experienced, adequately trained, or supervised*, combined with the lack of a classification system, creates a situation where violent prone officers are abusive with inmates without consequences and inmates may obtain weapons for protection from other inmates and abusive officers. 26. BCCF staff has consistently espoused a policy of collective punishment. BCCF staff indiscriminately use chemical spray as a means of control, which, due to the dormitory structure of the BCCF facility, results in the serious punishment of many inmates who have done nothing wrong.

27. As alleged below, the staff has used excessive force on many occasions, which has from time to time resulted in serious injuries to and the hospitalization of inmates. The BCCF management is aware of these incidents and has failed to investigate or punish offenders appropriately.
28. BCCF staff have used pepper spray and tear gas on numerous occasions to punish entire pods for the actions of a few inmates. On one occasion, BCCF staff sprayed Mr. Vernon Gibson along with an entire pod, and, while the inmates were still disabled by the gas, without justification began beating inmates and using racist language.
29. Jessie Cluff was sprayed in the face with mace, apparently for no reason, and locked in a holding cell for over three days without a disciplinary hearing. He was not permitted to shower, and was deprived of other personal hygiene items. Numerous other inmates reported similar treatment upon their arrival at Bowie County jail, including Robert Lane, James Adams, and Tex Harrington.
3 0 / Cruz Gonzales witnessed an incident where five BCCF officers kicked and beat several inmates when those inmates were already down on the floor, and one was unconscious.
31. On or about June 10, 1995, Glenn Pierce was physically and verbally assaulted by Officers Moses and Woods, in full view of and with the apparent assent of lieutenant Henson. Officers Moses and Woods picked Mr. Pierce up from behind and thrust him into a wall, cutting his face above his eyebrow. They then pushed him into a corner, making sure his face hit the wall. A few moments later, Mr. Pierce was kneeling
8

down on a bench when, without warning, one of the guards grabbed his leg irons and pulled his knees out from under him so that he hit the floor. The guards told him to stay there and not to move. Approximately one hour later,- the same guards took Mr. Pierce to an administrative segregation cell where he was kept for three days. He was not permitted to shower and was forced to sleep on the floor with a mattress. Mr. Pierce suffered injuries to his back as a result of this assault, which cause him constant pain. He received no medical attention following this incident.
32. On or about June 10, 1995, Mr. Jeffrey Knapp was maced, dragged out of his cell, and taken to a holding cell where he was kept in restraints for approximately one hour. He was told that he "was asking too many questions and filing too many grievances." On the following day, he was again maced, thrown into an elevator, beaten up, thrown into a holding cell, maced again, and left restrained for about three hours, apparently because he had "cussed at the phone." The following day, on June 12, 1995, at approximately 10:30 p.m., Mr. Knapp was again dragged out of his pod, down the hall, into a holding cell, maced, beaten by two Texas Department of Corrections S.O.R.T. team members, and left for almost six hours in restraints. On that occasion, one of his teeth was knocked loose. He was then put in administrative segregation for 16 days, where his privileges were taken away. He was not served with a disciplinary report or given a disciplinary hearing.
33. On or about June 11, 1995, Ted Coca was removed from his pod, handcuffed, and placed into a holding cell for no apparent reason. The handcuffs were

so tight that they restricted the blood circulation to his hands. He was handcuffed behind his back, and his shoulder and hands caused him great pain. He requested help several times, using the cell intercom, but his pleas for help were ignored. Finally, an officer responded and said he would send a nurse. Officer Morgan came into the cell and removed the metal handcuffs, but replaced them with plastic handcuffs which he fastened even tighter. When Mr. Coca attempted to use the intercom again, Officer Morgan came into his cell with two other officers. Officer Morgan grabbed Mr. Coca by the hair, while another officer choked him and a third punched him in the abdomen. Officer Morgan threatened to mace Coca if he looked at him. After the officers beat Mr. Coca, they threw him into a holding cell and, because he was still handcuffed behind his back, he could not protect himself from the fall. The officers then kicked him several times. The pain was so great that Mr. Coca thought his shoulder was broken. After about 15 minutes his hands were numb. He tried to get to the intercom again, but Officer Morgan saw him and again grabbed him by the hair while the other officers placed him against the wall and beat him. Officer Morgan held Coca's hair while macing him several times in the face and striking his head with the mace can. When Coca could not breathe, he began to scream out in fear for his life. The officers removed him from the cell until he was able to breathe again, but then they put him back into the same holding cell with his hands still handcuffed behind his back. The officers threatened to mace Mr. Coca further if he reported the incident.
10

34. On or about June 29, 1995, without sufficient justification several guards sprayed an entire pod of approximately 24 inmates with pepper spray. The inmates were sprayed with pepper spray from all directions, including by guards on top of the barred ceiling of the pod, until the inmates were not capable of defending themselves. Guards wearing gas masks then entered the pod and severely beat the inmates.
35. On or about July 16, 1995, Officer Moses entered cell pod B-ll and without sufficient justification started to beat an inmate, Mr. McPhearson. He handcuffed him and continued to beat him. Officer Moses then dragged Mr. McPhearson down the hall to an isolation cell.
36. On or about July 21, 1995, several officers verbally and physically assaulted numerous inmates. They used several large cans of mace and more than a dozen small cans of mace indiscriminately on all of the inmates in a single pod. The officers who could be identified include Sergeant Anthony and officers Hancock, McDowell, Olive, Giles, Armstrong, Golden, and Hurbert. These officers also used numerous racial slurs and epithets, and threatened to kill "all niggers and spicks" before they leave Texas.
37. On or about July 21, 1995, Sidney Vigil witnessed guards armed with riot shields, cans of mace, and inmates bloodied and handcuffed.
38. On or about July 21, 1995, inmate Jacob Valdez was placed in segregation and charged with involvement in a riot. At a subsequent disciplinary hearing he was found "not guilty" due in part to lack of evidence. The hearing officer was instructed to retry him even though the charges were dismissed, and at that hearing he was not
11

allowed an inmate representative although he requested one, nor was he allowed to present evidence. He was then found "guilty," even though the same evidence was presented against him, this time to a new hearing officer, Lt. Campbell. He was placed in segregation under punitive conditions thereafter. He is still unjustifiably in segregation. Mr. Valdez was beaten and injured by BCCF correctional staff even though he was not involved in what was later described as a riot.
39. On or about July 21, 1995, members of the inmate plaintiff class were gassed, even though they had not engaged in any wrongdoing. One inmate named Manuel Torres was injured by officers employing excessive force even though Mr. Torres had no part in the disturbance. The injury to Mr. Torres was investigated, and it was determined that there had been wrongdoing on the part of the correctional officers involved. This report was made available to Defendant Choate who did not adequately respond to prevent officer abuse.
40.* On or about July 25, 1995, four officers beat an inmate in one of the pods apparently because he asked for a tube of toothpaste. According the offending officers, Kidd, Godfrey, and Whitney, the inmate was "being a pest."
41. On or about July 27, 1995, Kevin McClearen, after filing numerous grievances to which he received no response, refused to return to his pod until he received an explanation for the $48 which was missing from his commissary account. He was immediately handcuffed, and placed into a one-man isolation cell with another inmate where he was forced to sleep on the floor. Mr. McClearen was kept in the
12

isolation cell for six nights, without receiving notice of a disciplinary violation or a hearing. He was then moved to an administrative segregation pod where his privileges were revoked.
42. In another incident, on or about August 8, 1995, Tony Holloway was standing near a fence in the recreation yard talking to other inmates. Suddenly, one of the guards ordered the inmates "off the fence." At first, the inmates did not understand the command, but eventually they walked away from the fence. Mr. Holloway sat down on a bench near the fence. The guard then raised his shotgun, which he then aimed down the fence toward Mr. Holloway and the other inmates. The guard then yelled "come here," but it was not apparent to whom he was speaking. Several guards then entered the recreation yard and approached Mr. Holloway with their mace cans drawn. The guards grabbed Mr. Holloway and took him outside the yard. Before the guards reentered the jail, they pushed Mr. Holloway up against a fence, pulled his arms behind his back and nandcuffed him. They then shoved Mr. Holloway to the ground where he hit his face. While he was still stunned, the guards lifted Mr. Holloway up by his arms, stretching them backward up above his shoulders, and dragged him through the gate by his arms. Once inside the jail, Mr. Holloway was beaten, kneed in his groin, kidneys, and back, and his head was repeatedly struck against the wall. Mr. Holloway was handcuffed during the entire assault and was not presenting a threat to the officers.
13

C. Medical/Dental/Mental Health Care 43. The medical services at BCCF do not adequately meet the plaintiff class's routine or emergency medical needs. The BCCF officials have demonstrated their deliberate indifference to inmates' medical needs by refusing to respond to requests for medical care, and by failing to procure inmates' medical records from the Colorado Department of Corrections. In addition, inmates who cannot pay to purchase certain medical items have had them withheld, and inmates with serious medical problems are housed in cells with poor ventilation and no natural light. 44. While BCCF supplies social workers who provide substance abuse and anger management assistance, there is no opportunity at BCCF for inmates in need of other psychological or social welfare counseling in order to avoid mental deterioration. 45. Roy Walters has also been denied access to a psychiatrist and his condition has therefore worsened. Mr. Walters has also been denied his medication for psychiatric problems. *Mr. Walters was not allowed to see a dentist for his four abscessed teeth. 46. Proper dental services are unavailable. Dental services at BCCF are limited to teeth pulling and the insertion of temporary fillings when serious dental problems require further services. 47. On September 30, 1995, Mr. Westley slipped in water leaking from the shower, fell down the stairs and broke his leg. BCCFs Nurse told Mr. Westley that his injury did not warrant medical attention and sent him back to his cell. When, later, the BCCF staff finally acknowledged that Mr. Westley was in serious need of medical
14

attention, the injury required surgery. Following surgery, Mr. Westley was placed in solitary confinement for over two weeks in a room normally used for punishment, with no bed, no shower and no hot water.
48. The defendants regularly use the excuse that the inmates' medical or dental records have not been forwarded to Bowie County as a reason for refusing medical and dental care for serious health problems.
49. On another occasion, an inmate suffered what appeared to be an epileptic or asthmatic seizure. He seized for several minutes while guards outside simply stood and watched. Several minutes later, the seizure stopped and the inmate appeared unconscious. Still, the guards did nothing except watch from outside the cell. After the inmate was on the ground for approximately 10 minutes, the guards entered the cell, but without a nurse or other medically trained officer. The guards apparently were not trained in CPR, because they did not check for a pulse or attempt to resuscitate the inmate. A nurse finally arrived 10 minutes later, but she too did nothing. Finally, after the inmate had been unconscious for approximately 30 minutes, emergency medical technicians arrived and placed the still unconscious inmate on a stretcher and took him away.
50. On another occasion, an inmate slipped and fell in the standing water near the showers. He injured his arm and his back, but he was told that if he wanted to go to the hospital and have his arm and back x-rayed, he would have to pay for the x-rays himself. On information and belief, he has still not received proper medical attention.
15

51. Ray Shaffer was processed through the admissions unit in the Colorado Department of Corrections in or around May 1995. At that time he informed medical personnel that he required treatment for skin cancer, and that that treatment was already two months overdue. He was told that he should wait until he reached his facility placement where he would be soon treated. His medical records were requested at that time. Approximately one month later, on or about June 12, 1995, Mr. Shaffer was transferred to Texarkana. Upon arrival he reported to the medical personnel that he had skin cancer and was now three months overdue for treatment. He was told that the doctor would look at his records as soon as they were received from the Colorado Department of Corrections. Mr. Shaffer filed repeated written requests for health care, noting his deteriorating condition and the fact that his skin cancer lesions were bleeding. His requests for treatment were ignored until August 23, 1995, when he was taken to a dermatologist in Texarkana, who reported that he had gone too long without treatment and would* therefore have to have surgery. Mr. Shaffer was required to wait for over two more months before his bleeding lesions were excised.
52. Inmate Jay Montague arrived at BCCF subsequent to June, 1995, in possession of a partial dental plate. Staff at BCCF were responsible for losing the plate, and yet when he requested a replacement, he was told that he could not receive one because the Colorado Department of Corrections had not approved a replacement. Thereafter he was ordered to go on a soft diet, which he does not always receive. He therefore nourishes himself by ordering soup mixes off of the commissary list at a highly
16

inflated price. He is indigent and not able to afford the continuing and excessive cost of feeding himself from the commissary list.
53. At or about the beginning of July 1995, Mr. Montague slipped on standing water while exiting the shower and struck his elbow on an adjacent wall. He immediately asked for medical care but was told that there was no doctor on the weekend. The following day he was taken to a local hospital, where he was x-rayed, and a nurse put a cast on him without allowing him to be seen by a doctor. Approximately seven days later he was taken back to the hospital where he saw a doctor who informed him that his bone had been fractured. He was then placed in a segregation unit, usually used for punishment, for approximately 15 days, even though he had done nothing wrong. Thereafter, he was told that he would have to leave that cell because it was needed for other reasons. During his time in segregation he was allowed at most only one hour per week for recreation time out of his cell. He was charged approximately $355 for medical care to his arm. Mr. Montague is indigent, and while he sought to participate in programs and jobs, he was refused such activity until recently when he was given a $1 per work day job.
D. Living Conditions 54. The BCCF facility is infested by vermin, has defective plumbing, and is consequently unclean. 55. The BCCF facility was designed to function as a jail, providing temporary shelter, and not a prison providing long-term shelter for inmates with varying
17

classifications/security risks. The BCCF facility has inadequate living space for the inmates housed there.
56. The inmates are held in "pods" of 23-25 inmates each, measuring approximately 900 square feet of unencumbered space. There is inadequate space for inmates to eat at tables. This means that the inmates must eat their meals on their beds or on the floor in close proximity to the toilets.
57. The lack of space per inmate, the deficient classification system, the poor food and food preparation conditions, the inadequate medical care, and the deteriorating physical plant result in conditions that threaten the mental and physical well being of inmates.
58. Because of the overcrowding problem, several inmates have been forced to sleep on the floor. BCCF has an uncontrollable insect problem. The floor where Mr. Collins is required to sleep is infested with insects and spiders, some poisonous; Mr. Collins received a bite that required surgery.
59. BCCF was not designed to house the number of inmates now incarcerated there. The additional stress on the BCCF facility from this large number of inmates has created serious sanitation problems, which threaten the plaintiff class's health and well being. The BCCF staff has deliberately exacerbated the sanitation problems by refusing to supply adequate amounts of toilet paper and cleaning supplies, and by charging exorbitant prices for personal hygiene products such as soap.
18

60. Soap and other personal hygiene products are only available at inflated prices from the BCCF commissary. For example, a bar of soap that cost sixty cents in Colorado prisons costs one dollar twenty-nine cents at BCCF.
61. The cells are filthy. The BCCF staff has considered cleaning supplies a privilege; they are only made available if the inmates behave well. Thus, the inmates have been unable to keep their living areas clean.
62. The toilets often overflow or leak, causing foul-smelling liquid to permeate the cells.
63. Defendants regularly take money from the plaintiff class members' inmate accounts without proper accounting or justification.
64. Overcrowding of the living units has resulted in inmate assaults resulting in injuries to plaintiff class members.
65. There is no fire safety plan at BCCF. There are no sprinklers to be used in the event of fire, and correctional staff is insufficiently trained in fire management techniques. In addition, some cell doors can only be opened manually with a key, because the automatic locks are broken. These conditions create an immediate hazard to the life and safety of the plaintiff class.
66. Some cells at BCCF are inundated with diesel fumes. This presents a health hazard. The presence of these fumes is evidence of BCCPs inadequate ventilation system. This inadequacy is detrimental to the Plaintiff class's health and welfare.
19

67. BCCF is constructed within a few feet of an active railroad. During 24 hours of the day and night railroad engines and cars, sometimes carrying hazardous materials, shake the building. The Plaintiffs are not provided with adequate clean bedding. They are made to sleep on metal bunks with inadequately padded mattresses and only a thin blanket approximately three by five feet. When all of the above factors are combined with the Defendants' practice of keeping the lights on at night, it is impossible for the Plaintiffs to obtain adequate sleep.
E. Food and Water 68. The food at BCCF is prepared and served under conditions which present an immediate danger to the health and well being of the inmates who consume it. In addition, Defendants have made no effort to accommodate special diets required for religious reasons. 69. For example, food is served on dirty trays and is frequently cold. Food is sometimes* not available for an entire day. 70. The food residue on trays and the proximity of the pod eating areas to the toilets create conditions that promote serious food borne illnesses. 71. Kevin C. Titus has difficulty getting the diet he needs for his medical condition. Likewise, Veraon Gibson has been unable to get the diet he requires for religious purposes. 72. Swarms of insects regularly infest the BCCF kitchen. William Carter found an insect in his food on September 27, 1995. Mr. Carter attempted to file a grievance
20

form to inform BCCF management of this problem. When he asked a correctional officer to sign the grievance form, the officer refused to do so unless so instructed by his supervisor. This incident demonstrates the deliberate indifference of BCCF staff to the inmates' inhumane treatment there.
73. The water at BCCF is unfit for human consumption. Numerous inmates have complained that the tap water at BCCF is very warm, tastes dirty and is unpotable. Defendants are aware of this, but have made no effort to remedy the situation by providing potable drinking water.
F. Classification 74. The physical structure of BCCF provides for housing in dormitory-style "pods." The lack of an effective classification system at BCCF prevents correctional officers from separating potentially violent inmates and special management inmates from the general population. This has resulted in inmates being assaulted. 75.* The group of Colorado inmates transferred by defendants to BCCF include special management inmates. These special management inmates include protective custody inmates, medical isolation inmates and mentally ill inmates. These inmates are sometimes housed in temporary holding cells with no bunks or showers because there is no proper place to house them at BCCF. The failure to separate these inmates from the general population creates an unsafe and hazardous condition for all inmates.
21

76. Mr. Jeffrey Knapp was a juvenile (17 years old), when he was transferred to BCCF. He is housed in a 24-man jail pod together with prisoners serving life sentences. He faces constant physical threats.
G. Activities 77. BCCF offers only a limited number of activities. Further, the space available in these activity programs is extremely limited. There are not enough activities or facilities for inmates in the plaintiff class. This increases inmates' idle time. The only program which an appreciable number of inmates in the plaintiff class have been able to access is the Bible Study class, and inmates must choose between staying in their cells or attending this class. 78. This lack of activities increases the inmates' idle time and time locked in their cells. The unsanitary and overcrowded conditions in the pods makes activity time more important. 79. * Very few inmates are allowed to work, even on a volunteer basis. At the same time, despite the limited opportunities for work, those who attend Bible Study are paid to do so. 80. While there is generally little recreation time, when recreation is allowed BCCF staff require inmates to participate in exercise regardless of whether the inmate's health or the weather conditions would make it injurious to do so. 81. BCCF has a recreation schedule, but it is often not met. Because of this, inmates have on occasion been allowed recreation only in the middle of the night.
22

82. There is no contact visiting allowed. This, combined with the inadequate activities described above, means that inmates are forced to remain idle in their cells for an unnecessary length of time.
83. Stephen J. Espinoza was forced to go to the recreation yard, even though he was sick. When he was forced to do so, Mr. Espinoza re-injured his back. An inmate who was unwilling for health reasons to go outside onto an asphalt covered yard in temperatures well in excess of 100" was shackled to a cart and rolled outside with his hands and feet bound.
84. Mr. Myron Johnson arrived at BCCF on approximately July 29, 1995. While at times correctional staff had informed him he had to walk with his hands in front of him, the first day he was there he was told by different correctional staff to walk with his hands in back of him. When he did not immediately respond he was taken to an administered segregation cell where he was kept overnight. During that time his glasses, which he needs for proper vision, were taken from him. The next day when he was released and tried to obtain his glasses, he was told that since they were not on his property list they would be kept from him. In fact, the only reason his glasses were not on his property list was because he had been wearing them at the time of admission into the facility. He explained that fact to staff, but was ignored. Mr. Johnson immediately started submitting written requests for his glasses and for treatment for arthritis in his feet. He suffers from constant extreme headaches due to the lack of glasses and therefore requires Tylenol, which he is not able to afford at BCCFs inflated canteen
23

price. Mr. Johnson is indigent and has requested on numerous occasions that he be given employment, but the only "job" he has been offered is to attend Bible class. For religious reasons, Mr. Johnson does not wish to be forced to study the Bible, even though he would be offered limited pay for the class.
H. Access to Courts 85. BCCF has a law library that houses a CD-ROM system, but no or only a few books for legal research. There is no one on the BCCF staff who can adequately instruct inmates in the use of the CD-ROM, and so the system is largely unusable. 86. Additionally, inmates have been refused access to the law library. For example, Lee Burke and Jeffrey Knapp have been refused access to the law library, and this has affected his ability to pursue his legal research and hampered his access to the courts in matters involving his constitutional rights. I. Establishment Clause Violations 87.* The Plaintiffs offer what they call a Bible Study class to inmates for pay. Approximately 100 inmates are allowed to participate. Because there are comparatively few other paid jobs or programs as Plaintiffs are intentionally providing an incentive for inmates to attend Bible Study. In fact, the class is a daily four hour church service filled with evangelical hymn singing, sermons and religious practice. Inmates are encouraged to witness their faith back to the rest of the inmates. There is little if any Bible Study.
24

88. The Bible Study program sponsored by the Plaintiffs is sectarian. Its effect is to promote the Christian religion; and the Plaintiffs are not merely entangled with the practice, but are directly supporting it.
89. The Plaintiffs' Bible Study course violates the First Amendment rights of the Plaintiffs to be free from the Plaintiffs' establishment of religion.
VI. Claim for Relief 90. The totality of policies and conditions over which the Defendants preside are incompatible with contemporary standards of decency and result in unnecessary and wanton infliction of pain. Additionally, Plaintiffs have been deprived of basic human needs in core areas such as adequate shelter, sanitation, personal safety, and medical, dental and mental health care. As a result, Defendants are violating Plaintiffs' rights to be free of cruel and unusual punishment and due process as prescribed by the Eighth and Fourteenth Amendments to the United States Constitution. 91. By operating a prison health care system that is systematically and deliberately indifferent to the serious medical, dental, and psychiatric needs of inmates, the Defendants are violating Plaintiffs' right to be free of cruel and unusual punishment as prescribed by the Eighth Amendment to the United States Constitution. 92. The denial of access to an adequate law library deprives Plaintiffs of their right of meaningful access to the courts as guaranteed by the Due Process Clause of the Fourteenth Amendment to the United States Constitution.
25

93. Conditions and policies at BCCF cause unnecessary wanton infliction of pain as well as genuine deprivation and are not reasonably related to any legitimate governmental objectives. Inmates are being denied due process, liberty interest in their personal security, and are subjected to cruel and unusual punishment in violation of the Fifth, Eighth and Fourteenth Amendments to the United States Constitution.
VII. Inadequate Remedy at Law 94. As a proximate result of the Defendants' policies, practices, acts and omissions, Plaintiffs have suffered, do suffer and will continue to suffer immediate and irreparable injury, including physical, psychological and emotional injury. Plaintiffs' physical and psychological well being continue to deteriorate during the course of their confinement under the policies and conditions described in this complaint. 95. Plaintiffs have no plain, adequate or complete remedy at law to address the wrongs described herein. Plaintiffs will continue to be irreparably injured by the policies, practices, procedures, acts and omissions of the Defendants unless this Court grants the injunctive relief that Plaintiffs seek.
VIII. Praver for Relief THEREFORE, Plaintiffs pray that this Court: A. Order that this action be maintained as a class action pursuant to Rule 23 (b)(2) of the Federal Rules of Civil Procedure; B. Declare that the policies, practices, procedures, and conditions described above violate the constitutional right of the Plaintiffs and the class they represent to be free
26

from cruel and unusual punishment and to be free from arbitrary and capricious policies by prison officials; C. Declare that Defendants have denied Plaintiffs and the class they represent procedural due process and their constitutional right to meaningful access to the courts; D. Enjoin the Defendants, their successors, assigns, agents, employees and all other persons in active concert and participation with them, from subjecting the Plaintiffs and the class they represent to the unconstitutional conditions and practices described above; E. Enjoin the Plaintiffs from violating the Defendants' First Amendment rights under the Establishment Clause. F. Enjoin Defendants from housing Plaintiffs and the class they represent at the BCCF; G. Award Plaintiffs their reasonable costs, attorneys' fees and expert witnesses fees pursuant to 42 U.S.C. §1988; and H. Grant such other further relief as may be just and equitable.
27

Dated November 17, 1995. Respectfully submitted, David H. Miller ACLU Foundation of Colorado 400 Corona Street Denver, Colorado 80218 (303) 777-5482 and James E. Hartley Steven W. Black Holland & Hart 555 Seventeenth Street Suite 3200 Denver, CO 80202 (303) 295-8000
Attorneys for Pllintiffs
28

CERTIFICATE OF SERVICE
This is to certify that I have duly served the within FIRST AMENDED COMPLAINT upon all parties herein by depositing copies of the same in the U.S. mail, postage prepaid, at Denver, Colorado this 17th day of November, 1995 addressed as follows:
David R. Broughman, Esq. Hall & Evans, L.L.C. 1200 17th Street, Suite 1700 Denver, CO 80202
John Lizza, Esq. Attorney General's Office First Assistant Attorney General 1525 Sherman Street, 5th Floor Denver, CO 80202

480924.1

29

 </s> 909 F.Supp. 810 (1995)
Jeffrey KNAPP, Charles Baldwin, Lee Burke, Delbert Leggions, Jay Montague, Ray Shaffer, Manual Torres, Jacob Valdez, and Richard Westley, Plaintiffs, v.
Roy S. ROMER, Governor of the State of Colorado; Aristedes Zavaras, Executive Director of the Colorado Department of Corrections; Bowie County, Texas; Mary Choate, Sheriff of
Bowie County, Texas; Anthony Richardson, Warden of the Bowie County Correctional Facility, all in their official capacities, Defendants.
No. 95-K-1878.
United States District Court, D. Colorado.
December 22, 1995.
811 *811 James E. Hartley, Steven W. Black, Holland & Hart, Denver, CO, David H. Miller, ACLU Foundation of Colorado, Denver, CO, for Plaintiffs/Petitioners.
John A. Lizza, First Assistant Attorney General, Denver, CO, for Defendants/Respondents.
MEMORANDUM OPINION AND ORDER
KANE, Senior District Judge.
Plaintiffs are nine Colorado Department of Corrections (DOC) inmates incarcerated in the Bowie County Correctional Facility (BCCF), Bowie County, Texas pursuant to a contract with the State of Colorado. Plaintiffs assert the Colorado defendants' constitutional obligations toward inmates apply equally to prisons in Colorado and prisons outside Colorado where Colorado inmates are incarcerated. Plaintiffs contend BCCF fails to meet minimum constitutional standards. They allege the hostile conditions and policies at BCCF combine to inflict cruel and unusual punishment upon them in violation of their rights protected by the Eighth Amendment to the United States Constitution. They also allege they are being denied their rights under the Due Process Clause of the Fourteenth Amendment to the United States Constitution to meaningful access to the courts. Plaintiffs seek 812 declaratory and injunctive relief permanently abating the allegedly unconstitutional conditions on behalf of *812 themselves and all others similarly situated.[1]See First Am.Compl., Part VIII (filed Nov. 17, 1995).
Defendants deny the conditions under which Colorado inmates are kept at BCCF violate constitutional standards and deny Plaintiffs are entitled to any relief. Defs.' Answer to First Am.Compl. (filed Dec. 5, 1995). First, however, they assert this action is more properly heard in the United States District Court for the Eastern District of Texas, and have filed a Motion for Transfer and Change of Venue pursuant to 28 U.S.C. § 1404(a). It is this motion that I consider in this Memorandum Opinion and Order.
I. THE LAW
Congress enacted 28 U.S.C. § 1404(a) in 1948 to allow for the easy change of venue within a unified federal system. Chrysler Credit Corp. v. Country Chrysler, Inc., 928 F.2d 1509, 1515 (10th Cir.1991) (citing Piper Aircraft Co. v. Reyno, 454 U.S. 235, 254, 102 S.Ct. 252, 265, 70 L.Ed.2d 419 (1981)). Section 1404(a) provides that "[f]or the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought."
The moving party bears the burden of showing the existing forum is inconvenient. Chrysler, 928 F.2d at 1515 (citing Texas Eastern Transmission Corp. v. Marine Office-Appleton & Cox Corp., 579 F.2d 561, 567 (10th Cir.1978) and William A. Smith Contracting Co. v. Travelers Indem. Co., 467 F.2d 662, 664 (10th Cir.1972)),

applied in Scheidt v. Klein, 956 F.2d 963, 965-66 (10th Cir.1992). "Unless the balance is strongly in favor of the movant the plaintiff's choice of forum should rarely be disturbed." William A. Smith Contracting Co., 467 F.2d at 664.
The decision of whether to transfer an action lies within the sound discretion of the trial judge. Texas Eastern, 579 F.2d at 567. Under standards articulated by the United States Supreme Court, I must "adjudicate motions for transfer according to an `individualized, case-by-case consideration of convenience and fairness.'" Stewart Org. v. Ricoh Corp., 487 U.S. 22, 29, 108 S.Ct. 2239, 2244, 101 L.Ed.2d 22 (1988) (quoting Van Dusen v. Barrack, 376 U.S. 612, 622, 84 S.Ct. 805, 812, 11 L.Ed.2d 945 (1964)); see Chrysler, 928 F.2d at 1517; Hustler Magazine, Inc. v. United States Dist. Court for the Dist. of Wyoming, 790 F.2d 69, 71 (10th Cir.1986) (error for district court to deny § 1404(a) motion summarily without "giv[ing] air to those facts which the petitioners assert entitle them to a transfer"). Among the factors a district court should consider are
[1] the plaintiff's choice of forum; [2] the accessibility of witnesses and other sources of proof, including the availability of compulsory process to insure attendance of witnesses; [3] the cost of making the necessary proof; [4] questions as to the enforceability of a judgment if one is obtained; [5] relative advantages and obstacles to a fair trial; [6] difficulties that may arise from congested dockets; [7] the possibility of the existence of questions arising in the area of conflict of laws; [8] the advantage of having a local court determine questions of local law; and [9] all other considerations of a practical nature that make a trial easy, expeditious and economical.
Chrysler, 928 F.2d at 1516 (quoting Texas Gulf Sulphur Co. v. Ritter, 371 F.2d 145, 147 (10th Cir.1967)).
Based on the briefs and the record in this case, I determine proper consideration is possible without the need for 813 a hearing or for oral argument on Defendants' motion. I find Defendants have failed to establish the existing *813
forum is sufficiently inconvenient to tip the balance of equities in favor of transfer to Texas. Accordingly, Defendants' motion is denied.
II. DISCUSSION
Defendants argue Plaintiffs' choice of forum should be given less weight in this case because the prison conditions at issue exist in Texas; most of the inmates and other fact witnesses reside in Texas; and those who reside in Colorado would be moved at Defendants' expense anyway. Defs.' Reply at 1-3. Thus, Defendants assert, the financial and equitable convenience factors "militate heavily" in favor of transfer to Texas. Id. at 2.[2] Further, Defendants argue, it is Texas's Jail Commission standards that apply to Plaintiffs' claims and that therefore, the eighth Chrysler factor requiring consideration of the advantages of having "a local court determine questions of local law" weighs in favor of their motion. Finally, Defendants argue that several of their civilian witness are subject to compulsory process in Texas, not Colorado, such that the second Chrysler factor also weighs in their favor.
With respect to the two latter contentions, it is not at all clear that Texas's Jail Commission standards will apply to Plaintiffs' claims. Indeed, a fundamental aspect of Plaintiffs' claims is that they must be afforded the same minimum standards of care afforded other Colorado inmates, regardless of where they are housed. See Pls.' Resp. at 2 (citing Ramos v. Lamm, 485 F.Supp. 122, 153 n. 20 (D.Colo.1979) ("`[i]f a state elects to impose imprisonment as a punishment for crime, ... it has an obligation to ... [meet] ... minimal standards of adequacy'"), aff'd in part, 639 F.2d 559 (10th Cir.1980), cert. denied, 450 U.S. 1041, 101 S.Ct. 1759, 68 L.Ed.2d 239 (1981)). Thus, to the extent local law applies to Plaintiffs' claims, it appears that law will be Colorado's, not Texas's. Defendants' concerns regarding the availability of compulsory process for Texas witnesses are likewise unpersuasive. There is nothing in Defendants' briefs to suggest these witnesses would be unwilling to come to trial in Denver, that the use of deposition testimony would be unsatisfactory, or that the use of compulsory process would be necessary. See Scheidt, 956 F.2d at 966 (absent such a showing, defendant failed to demonstrate the requisite inconvenience to its witnesses).
Defendants' contentions regarding the inconvenience and expense associated with bringing 50 witnesses from Texas to Colorado and the fact that the facility at issue is located in Texas have more merit. However, as Plaintiffs

point out in their response, several of the named Defendants and many of Plaintiffs' witnesses are in Colorado: Ninety members of the purported class have been returned to Colorado from BCCF, each of whom is a potential witness in this case; and numerous DOC employees0907including case managers, monitors who have and who continue to inspect the Texas facility, and executive decisionmakers who are responsible for the continued placement of Plaintiffs in Texas 0907are also potential witnesses in this case. Resp. at 6-7. Thus, Plaintiffs argue, it is not clear whether the majority of witnesses who actually will appear before the Court will be from Colorado or from Texas.
The fact BCCF is located in Texas likewise is insufficient to require transferring this action there. I note various Colorado DOC officials already have visited BCCF to inspect and monitor the conditions there, as has Plaintiffs' expert, Dr. Paul Katsampes. These individuals live in Colorado. Further, at least one of the inspections of BCCF was videotaped. Defendants have not attempted to explain, let alone substantiate, why evidence regarding the physical conditions at BCCF could not be presented at trial through this medium.
Plaintiffs also argue there are other practical considerations under the ninth Chrysler factor that weigh in favor of 814 deferring to their choice of forum. Because Plaintiffs *814 have no means by which to hire counsel, they contend
a transfer will compromise and possibly even deprive them of their right to representation in this matter. Resp. at 7. The resources and experience of Plaintiffs' present counsel are in Colorado. It would be prohibitively costly, Plaintiffs contend, to require Plaintiffs' counsel to travel to Texas. Further, Plaintiffs argue, the DOC's decision to transport Colorado prisoners to Texas, where they are deprived of the minimal measure of life's necessities, should be aired in "full view" of the people of Colorado. See Resp. at 3. Otherwise, DOC would be free to send all of its prisoners to other jurisdictions and avoid the scrutiny of the citizens of Colorado. I find both these contentions to have merit.
Under the principles set out above, I conclude Defendants have failed to demonstrate that the balance of convenience and fairness is strongly in their favor. Accordingly, Plaintiffs' choice of forum will not be disturbed. IT IS SO ORDERED.
[1] As part of their prayer for relief, Plaintiffs seek an order permitting them to maintain this case as a class action pursuant to Fed.R.Civ.P. 23(b)(2). See First Am.Compl., Part VIII(A). Rule 23(c)(1) provides that district courts "shall determine by order" whether an action shall be maintained as a class action "as soon as practicable after the commencement of an action." This is a classic Rule 23(b)(2) civil rights action in which the challenged misconduct and the relief sought are both generally applicable to each member of the approximately 500member class. In a separate written order, I require Defendants to show cause, if any, why this case should not be maintained as a class action under Fed. R.Civ.P. 23(b)(2). If Defendants object to certification, the issues will be briefed in response to the order.
[2] Defendants claim they have identified "more than 50 witnesses" residing in Texarkana or Bowie County whose testimony they must present in order to defend against Plaintiffs' claims. Id. at 3-6. If a trial on the injunctive issues presented in Plaintiffs' Amended Complaint were to be held in Denver, Defendants assert, "such an event would literally require shutting down the Bowie County Correctional Facility." Id. at 6.
Save trees - read court opinions online on Google Scholar.

 </s> CM/ECF - U.S. District Court:cod - Docket Report

Page 1 of 21

U.S. District Court District of Colorado (Denver) CIVIL DOCKET FOR CASE #: 1:95-cv-02225-JLK

SM, TERMED

Knapp, et al v. Romer, et al Assigned to: Judge John L. Kane Demand: $0 Case in other court: USDC Colorado, 95-K-1878 Cause: 42:1983 Prisoner Civil Rights

Date Filed: 08/29/1995 Jury Demand: None Nature of Suit: 550 Prisoner: Civil Rights Jurisdiction: Federal Question

Plaintiff K. Jeffery Knapp

represented by K. Jeffery Knapp 85333 Texarkana - FCI P.O. Box 7000 Texarkana, TX 75501 PRO SE

Plaintiff
James A. Adams TERMINATED: 12/17/1997

represented by James A. Adams 65878 Texarkana - FCI P.O. Box 7000 Texarkana, TX 75501 PRO SE

Plaintiff
William E. Norem TERMINATED: 12/17/1997

represented by William E. Norem 85985 Texarkana - FCI P.O. Box 7000 Texarkana, TX 75501 PRO SE

Plaintiff
Brian S. Fishman TERMINATED: 12/17/1997

represented by Brian S. Fishman 56907 Texarkana - FCI P.O. Box 7000 Texarkana, TX 75501 PRO SE

Plaintiff Richard Westley

represented by Richard Westley 84303 HCCC

https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?754200838948738-L_280_0-1

11/2/2005

CM/ECF - U.S. District Court:cod - Docket Report

Page 2 of 21

Plaintiff Timmons Thally TERMINATED: 12/17/1997
Plaintiff Gabriel Reid TERMINATED: 12/17/1997
Plaintiff Romone E. Ford TERMINATED: 12/17/1997
Plaintiff Robert A. Lane
Plaintiff Jessie I. Cluff TERMINATED: 12/17/1997
Plaintiff Tex R. Harrington

Huerfano County Correctional Center 304 Ray Sandoval Road Walsenburg, CO 81089 PRO SE
represented by Timmons Thally 56786 Texarkana - FCI P.O. Box 7000 Texarkana, TX 75501 PRO SE
represented by Gabriel Reid 65191 Texarkana - FCI P.O. Box 7000 Texarkana, TX 75501 PRO SE
represented by Romone E. Ford 86314 Texarkana - FCI P.O. Box 7000 Texarkana, TX 75501 PRO SE
represented by Robert A. Lane 84540 Texarkana - FCI P.O. Box 7000 Texarkana, TX 75501 PRO SE
represented by Jessie I. Cluff #85194 SCF Sterling Correctional Facility P.O. Box 6000 Sterling, CO 80751 U.S.A. PRO SE
represented by Tex R. Harrington 76227

https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?754200838948738-L_280_0-1

11/2/2005

CM/ECF - U.S. District Court:cod - Docket Report

Page 3 of 21

Plaintiff Glenn Gore TERMINATED: 12/17/1997
Plaintiff Troy L. Fields
Plaintiff Gary J. Melton TERMINATED: 12/17/1997
Plaintiff Anthony Lopez TERMINATED: 12/17/1997
Plaintiff Victor Joe Lidgren

Texarkana - FCI P.O. Box 7000 Texarkana, TX 75501 PRO SE
represented by Glenn Gore 85522 Texarkana - FCI P.O. Box 7000 Texarkana, TX 75501 PRO SE
represented by Troy L. Fields 86257 Texarkana - FCI P.O. Box 7000 Texarkana, TX 75501 PRO SE
represented by Gary J. Melton Texarkana - FCI P.O. Box 7000 Texarkana, TX 75501 PRO SE
represented by Anthony Lopez 86089 Texarkana - FCI P.O. Box 7000 Texarkana, TX 75501 PRO SE
represented by James Edward Hartley Holland & Hart, LLP-Denver CO United States District Court Box 06 555 Seventeenth Street #3200 Denver, CO 80202 U.S.A 303-295-8237 Fax: 303-975-5486 Email: jhartley@hollandhart.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?754200838948738-L_280_0-1

11/2/2005

CM/ECF - U.S. District Court:cod - Docket Report

Page 4 of 21

Plaintiff Rory Clark

Jane Anne Bell American Civil Liberties Union of Colorado 400 Corona Denver, CO 80218 U.S.A 303-777-5482 Fax: 777-1773 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mark Silverstein American Civil Liberties UnionColorado 400 Corona Street Denver, CO 80218 U.S.A 303-777-5482 Fax: 303-777-1773 Email: msilver2@att.net LEAD ATTORNEY ATTORNEY TO BE NOTICED
Nicole R. Morbach Holland & Hart, LLP-Denver Colorado United States District Court Box 06 555 - 17th Street P.O. Box 8749 Denver, CO 80201-8749 U.S.A 303-295-8000 Fax: 295-8261 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Steven W. Black Holland & Hart, LLP-Denver Colorado United States District Court Box 06 555 - 17th Street P.O. Box 8749 Denver, CO 80201-8749 U.S.A 303-295-8000 Fax: 295-8261 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by James Edward Hartley (See above for address)

https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?754200838948738-L_280_0-1

11/2/2005

CM/ECF - U.S. District Court:cod - Docket Report

Page 5 of 21

Plaintiff Bill Erickson
Plaintiff

LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jane Anne Bell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mark Silverstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Nicole R. Morbach (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Steven W. Black (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by James Edward Hartley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jane Anne Bell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mark Silverstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Nicole R. Morbach (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Steven W. Black (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?754200838948738-L_280_0-1

11/2/2005

CM/ECF - U.S. District Court:cod - Docket Report

Page 6 of 21

Gary King
V. Defendant Colorado Department of Corrections TERMINATED: 12/17/1997 Defendant Colorado, State of TERMINATED: 12/17/1997 Defendant Roy Romer
Defendant Aristedes W. Zavaras

represented by James Edward Hartley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jane Anne Bell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mark Silverstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Nicole R. Morbach (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Steven W. Black (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Grace A. Belsches Belsches and Associates, LLC 2800 Race Street Denver, CO 80205 U.S.A 303-294-9050 Fax: 296-6027 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Grace A. Belsches (See above for address)

https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?754200838948738-L_280_0-1

11/2/2005

CM/ECF - U.S. District Court:cod - Docket Report

Page 7 of 21

Defendant Ben Griego
Defendant Betty Fulton
Defendant Colorado Department of Corrections Employees named as: Colorado Correctional Employees, Known and Unknown Defendant Roy S. Romer Governor of the State of Colorado, in his official capacity
Defendant Aristedes Zavaras Executive Director of the Colorado Department of Corrections, in his official capacity Defendant Karnes County, Texas a political subdivision of the State of Texas Defendant Rod Ellis Warden of the Karnes County Correctional Center
Defendant

LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Grace A. Belsches (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Grace A. Belsches (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Grace A. Belsches (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Grace A. Belsches (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Grace A. Belsches (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Tony L. Schaffer BRG Operations of South Texas, Inc. 1021 RR 620 South #D Austin, TX 78734 U.S.A 512-263-9480 Fax: 263-9481 ATTORNEY TO BE NOTICED

https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?754200838948738-L_280_0-1

11/2/2005

CM/ECF - U.S. District Court:cod - Docket Report

Page 8 of 21

BRG Holding, Inc. a Texas corporation

represented by David R. Brougham Hall & Evans-Denver CO United States District Court Box 05 1125 Seventeenth Street #600 Denver, CO 80202-5817 U.S.A 303-628-3300 Fax: 303-293-3238 Email: broughamd@hallevans.com ATTORNEY TO BE NOTICED

Date Filed 08/29/1995 08/29/1995
08/29/1995 08/29/1995 08/31/1995 09/01/1995 09/08/1995 09/26/1995 09/27/1995
09/27/1995

#

Docket Text

1 MOTION by plaintiff K. Jeffery Knapp to proceed in forma pauperis (former empl) (Entered: 08/29/1995)

2 ORDER by Judge John L. Kane granting Plfs' motion to proceed in forma pauperis [1-1]; consolidating lead case 1:95-cv-1878 with member case 1:95-cv-2225. Clerk to open file & court to determine if complaint is frivolous or malicious. (cc: all counsel) ; entry date : 8/30/95 (former empl) (Entered: 08/30/1995)

3 COMPLAINT (Summons(es) issued) (former empl) (Entered: 08/30/1995)

4 LETTER to court from plaintiff K. Jeffery Knapp in 1:95-cv-02225 (former empl) (Entered: 08/30/1995)

MOTION by Movant Reginald Kinney in 1:95-cv-01878 for permissive joinder of parties Plf Pursuant to Rule 20 in this case. (former empl) (Entered: 08/31/1995)

MOTION by Movant Glen Williams Jr. in 1:95-cv-01878 for permissive joinder of parties Plf Pursuant to Rule 20 in this civil action. (former empl) (Entered: 09/06/1995)

MOTION by Christopher Rimpson in 1:95-cv-01878 for permissive joinder of parties Plf Pursuant to Rule 20, and Supplemental Complaint. (former empl) (Entered: 09/11/1995)

MOTION by defendant CO Dept Corrections in 1:95-cv-01878 to vacate order of 8/17/95. (former empl) (Entered: 09/27/1995)

RETURN OF SERVICE of Summons and other documents upon defendant CO Dept Corrections in 1:95-cv-01878 on 8/17/95 by hand delivery to Coleen Stevenson, Program Assistant to Brad Rockwell for Deft. (former empl) (Entered: 09/28/1995)

RETURN OF SERVICE by defendant CO Dept Corrections in 1:95-cv01878 of Order by hand delivery to Coleen Stevenson, Program Assistant to Brad Rockwell for Deft. (former empl) (Entered: 09/28/1995)

https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?754200838948738-L_280_0-1

11/2/2005

CM/ECF - U.S. District Court:cod - Docket Report

Page 9 of 21

09/29/1995
10/04/1995 10/10/1995 10/11/1995 10/12/1995 10/16/1995 10/17/1995 10/20/1995 10/27/1995
11/13/1995
11/13/1995
11/14/1995
11/17/1995

COURTROOM MINUTES by Judge John L. Kane granting motion to vacate order of 8/17/95. [26-1] in 1:95-cv-01878. Consolidated amd cmp due 10/27/95. Answers or motions by defts due 11/17/95. ; entry date : 10/3/95 (gms) Modified on 01/09/1997 (Entered: 10/03/1995)
MOTION by plaintiff John B. Bowring in 1:95-cv-01919 for ruling on pending motions. (former empl) (Entered: 10/05/1995)
JOINDER of Persons (Defts) by plaintiff John B. Bowring in 1:95-cv01919 requesting that a new deft be named: Dominion Brokerage, Leasing and Management. (former empl) (Entered: 10/11/1995)
MOTION by plaintiff John B. Bowring in 1:95-cv-01919 to amend Complaint. (former empl) (Entered: 10/11/1995)
MOTION by Movant Michael Smith in 1:95-cv-01878 for permissive joinder of parties Plf Pursuant to Rule 20; & Supplemental Complaint. (former empl) (Entered: 10/12/1995)
MOTION by plaintiff John B. Bowring in 1:95-cv-01919 for preliminary injunction (former empl) (Entered: 10/16/1995)
MINUTE ORDER : by Judge John L. Kane denying motion for preliminary injunction [35-1] in 1:95-cv-01878, 1:95-cv-01919 (cc: all counsel) ; entry date : 10/18/95 (former empl) (Entered: 10/18/1995)
MOTION by plaintiff John B. Bowring in 1:95-cv-01919 for Permissive joinder (former empl) (Entered: 10/23/1995)
MINUTE ORDER : by Judge John L. Kane granting motion to extend time to file first amended complaint [40-1] to 11/17/95 and 12/5/95 to answer (cc: all counsel) ; entry date : 10/30/95 (former empl) (Entered: 10/30/1995)
MOTION by defendant CO Dept Corrections in 1:95-cv-01878, defendant Bowie Cty Corr Fac in 1:95-cv-01878, to transfer case to USDC E Dist TX , and to change venue (former empl) Modified on 01/09/1997 (Entered: 11/14/1995)
Attachements (APPENDIX) filed by defendant CO Dept Corrections in 1:95-cv-01878, defendant Bowie Cty Corr Fac in 1:95-cv-01878 motion to transfer case to USDC E Dist TX [51-1], motion to change venue [512] (former empl) (Entered: 11/14/1995)
MINUTE ORDER : by Judge John L. Kane regarding [51-1] motion to transfer case to USDC E Dist TX, regarding [51-2] motion to change venue; pla to file response brief by 11/24/95 and dfts to reply by 11/27/95 (cc: all counsel) ; entry date : 11/14/95 (former empl) (Entered: 11/14/1995)
First AMENDED COMPLAINT [3-1] in 1:95-cv-01878 by plaintiffs K. Jeffery Knapp in 1:95-cv-02225, Baldwin, Burke, Leggions, Montague, Shaffer, Torres, Valdez and Westley (former empl) (Entered: 11/20/1995)

https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?754200838948738-L_280_0-1

11/2/2005

CM/ECF - U.S. District Court:cod - Docket Report

Page 10 of 21

11/24/1995 11/24/1995 11/27/1995 11/28/1995 12/01/1995 12/04/1995 12/04/1995
12/05/1995 12/05/1995 12/06/1995 12/13/1995 12/22/1995

MOTION by Bowie County Defts for extension of time to reply to pltf's resp to motion to chg venue to 11/28/95 (gms) Modified on 01/09/1997 (Entered: 11/24/1995)
RESPONSE in opposition to motion to transfer case to USDC E Dist TX [51-1], motion to change venue [51-2] (former empl) (Entered: 11/27/1995)
MINUTE ORDER : by Judge John L. Kane granting motion for extension of time to reply to pltf's resp to motion to chg venue to 11/28/95 [55-1] (cc: all counsel) ; entry date : 11/28/95 (former empl) (Entered: 11/28/1995)
REPLY Brief by defendant CO Dept Corrections in 1:95-cv-01878, defendant Bowie Cty Corr Fac in 1:95-cv-01878 re motion to transfer case to USDC E Dist TX [51-1], motion to change venue [51-2] (former empl) (Entered: 11/29/1995)
Application (MOTION) by plaintiff Delbert G. Leggions in 1:95-cv01878 for preliminary injunction (former empl) (Entered: 12/04/1995)
MOTION by defendant CO Dept Corrections in 1:95-cv-01878, defendant Bowie Cty Corr Fac in 1:95-cv-01878 for order for appointment of magistrate to conduct mandatory settlement conference (former empl) (Entered: 12/05/1995)
MINUTE ORDER : by Judge John L. Kane regarding [59-1] motion for preliminary injunction; dft response due 12/28/95 ; status conf set for 9:00 12/29/95 to determine scheduling of testimony and exchange of rpts and exhibits; cnsl to prepare exhibit and witness lists (cc: all counsel) ; entry date : 12/5/95 (former empl) (Entered: 12/05/1995)
ANSWER by defendant CO Dept Corrections in 1:95-cv-01878, defendant Bowie Cty Corr Fac in 1:95-cv-01878 to first amd complaint [54-1] (former empl) (Entered: 12/06/1995)
SPECIAL ORDER OF REFERENCE by Judge John L. Kane to Magistrate Judge O. E. Schlatter for settlement (cc: to counsel) (former empl) Modified on 01/09/1997 (Entered: 03/12/1996)
Notice of Setting (SCHEDULING ORDER) Magistrate Judge O. E. Schlatter ; Court to telphone counsel for settlement conference 8:45 12/13/95 cnsl to assure perosn w/calendar authority are avilable (cc: all counsel) (former empl) (Entered: 12/07/1995)
MINUTE ORDER : by Magistrate Judge O. E. Schlatter ; settlement conf set for 1:15 12/27/95 in 1:95-cv-01878 (cc: all counsel) ; entry date : 12/14/95 (former empl) Modified on 01/09/1997 (Entered: 12/14/1995)
MEMORANDUM, OPINION, AND ORDER: by Judge John L. Kane denying motion to transfer case to USDC E Dist TX [51-1], denying motion to change venue [51-2] (cc: all counsel) ; entry date : 12/28/95 (former empl) (Entered: 12/28/1995)

https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?754200838948738-L_280_0-1

11/2/2005

CM/ECF - U.S. District Court:cod - Docket Report

Page 11 of 21

12/22/1995 12/27/1995 01/05/1996 01/08/1996 01/10/1996 01/11/1996 01/19/1996 01/22/1996 01/23/1996 01/23/1996
02/14/1996

ORDER TO SHOW CAUSE: by Judge John L. Kane returnable 1/5/96 why this case should not be maintained as a class action; if dfts object to certification issues will be briefed in response to order (cc: all counsel) (former empl) (Entered: 12/28/1995)
MINUTE ORDER : by Judge John L. Kane setting hearing on motion for preliminary injunction [59-1] 9:00 2/26/96 ; status conf reset for 9:00 1/23/96 dfts to file response to motion for preliminary injunction by 1/22/96 (cc: all counsel) ; entry date : 12/28/95 (former empl) (Entered: 12/28/1995)
MOTION by defendant CO Dept Corrections in 1:95-cv-01878, defendant Bowie Cty Corr Fac in 1:95-cv-01878 to extend time in which to respond to order to show cause (former empl) Modified on 01/09/1997 (Entered: 01/08/1996)
MINUTE ORDER : by Judge John L. Kane denying motion to extend time in which to respond to order to show cause [69-1] due to no cert compliance with LR, regarding [67-1] order to show cause order (cc: all counsel) ; entry date : 1/8/96 (former empl) (Entered: 01/08/1996)
MOTION by defendant CO Dept Corrections in 1:95-cv-01878, defendant Bowie Cty Corr Fac in 1:95-cv-01878 to extend time in which to respond to order to show cause (former empl) (Entered: 01/11/1996)
MINUTE ORDER : by Judge John L. Kane granting motion to extend time in which to respond to order to show cause [71-1] in 1:95-cv-01878, granting motion to extend time in which to respond to order to show cause [0-1] in 1:95-cv-01896, et al to 2/5/96 (cc: all counsel) ; entry date : 1/16/96 (former empl) Modified on 01/09/1997 (Entered: 01/16/1996)
MOTION by defendant in 1:95-cv-01878 to extension re: response to plas application for preliminary injunction (former empl) (Entered: 01/22/1996)
MINUTE ORDER : by Judge John L. Kane granting motion to extension re: response to plas application for preliminary injunction [73-1] in 1:95cv-01878 to 2/5/96 (cc: all counsel) ; entry date : 1/22/96 (former empl) Modified on 01/10/1997 (Entered: 01/22/1996)
Final REPORT by defendant CO Dept Corrections in f Bowwie County Corrections Center conducted on 11/28/95 and 11/29/95 1:95-cv-01878, defendant Bowie Cty Corr Fac in 1:95-cv-01878 (rpt is in black 3 ringed binder) (former empl) Modified on 01/10/1997 (Entered: 01/23/1996)
COURTROOM MINUTES by Judge John L. Kane ; status conf and scheduling for preliminary injunction held 1/23/96 , and all previous dateline dates for briefs are vacated and cnsl to file joint status rpt ; status report ddl set for 2/23/96 in 1:95-cv-01878, et al ; entry date : 1/23/96 Court Reporter: Kathy Terasaki (former empl) Modified on 01/10/1997 (Entered: 01/23/1996)
COMPLAINT (former empl) (Entered: 02/14/1996)

https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?754200838948738-L_280_0-1

11/2/2005

CM/ECF - U.S. District Court:cod - Docket Report

Page 12 of 21

02/14/1996 02/22/1996 02/23/1996 02/23/1996 02/23/1996
02/27/1996
03/08/1996 03/21/1996 03/21/1996
03/21/1996
03/22/1996 03/29/1996

COMPLAINT (former empl) (Entered: 02/14/1996)
MOTION by plaintiff Troy Lamont Fields in 1:95-cv-02013 to amend petition for writ of habeas corpus (lam) Modified on 01/10/1997 (Entered: 02/27/1996)
Joint STATUS REPORT by defendant CO Dept Corrections in 1:95-cv01878, defendant Bowie Cty Corr Fac in 1:95-cv-01878 (former empl) Modified on 01/10/1997 (Entered: 02/26/1996)
STATUS REPORT by plaintiffs in 1:95-cv-01878, et al (former empl) Modified on 01/10/1997 (Entered: 02/26/1996)
MOTION by plaintiffs Delbert G. Leggions in 1:95-cv-01878, et al for order appointing expert witness to investigate and testify at trial on issue of constitutionality of conditions of confinement of plas (former empl) Modified on 01/10/1997 (Entered: 02/26/1996)
MINUTE ORDER : by Judge John L. Kane setting hearing on motion for order appointing expert witness to investigate and testify at trial on issue of constitutionality of conditions of confinement of plas [80-1] in 1:95cv-01878, et al date : 2/28/96 (gms) Modified on 01/10/1997 (Entered: 02/28/1996)
NOTICE by plaintiff Edgar Mendez in 1:95-cv-02893 of plaintiff change of address (former empl) (Entered: 03/08/1996)
MOTION by plaintiffs in 1:95-cv-01878, et al to amend cmp (former empl) Modified on 01/10/1997 (Entered: 03/22/1996)
RESPONSE by CO Dept Corrections in 1:95-cv-01878, et al re: motion for order appointing expert witness to investigate and testify at trial on issue of constitutionality of conditions of confinement of plas [80-1] in 1:95-cv-01878, et al (former empl) Modified on 01/10/1997 (Entered: 03/22/1996)
SUPPLEMENT by plaintiffs in 1:95-cv-01878, et al re: motion for order appointing expert witness to investigate and testify at trial on issue of constitutionality of conditions of confinement of plas [80-1] in 1:95-cv01878 (former empl) Modified on 01/10/1997 (Entered: 03/22/1996)
MINUTE ORDER : by Judge John L. Kane granting motion to amend cmp [87-1] in 1:95-cv-01878, et al (cc: all counsel) entry date : 3/25/96 (former empl) Modified on 01/10/1997 (Entered: 03/25/1996)
COURTROOM MINUTES by Judge John L. Kane hearing re: motion for order appointing expert witness to investigate and testify at trial on issue of constitutionality of conditions of confinement of plas [80-1]; plf counsel and their experts may examine facilities where CO DOC has inmates; in event of interference, state may receive injunction prohibiting it from kaking pymts to those instittuions; CO shall not pay for inspections; Bowie County not dismissed at this time, but is severed from the rest of these proceedings; plf may file mtn re: Bowie County liability; Bowie County not to be included in inspections; matter set for review in

https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?754200838948738-L_280_0-1

11/2/2005

CM/ECF - U.S. District Court:cod - Docket Report

Page 13 of 21

03/29/1996 03/29/1996 05/13/1996
05/21/1996 05/21/1996 05/23/1996
06/07/1996
07/08/1996 08/23/1996 10/15/1996 10/17/1996 12/06/1996

60 days; Mr. Miller to remain as counsel ; entry date : 4/1/96 Court Reporter: Carol Romero ECR (former empl) Modified on 01/10/1997 (Entered: 04/01/1996)
LETTER to court from plaintiff Mark Sublette in 1:95-cv-02187 re: cy of transcripts (former empl) (Entered: 04/01/1996)
LETTER to court from plaintiff Frank Allen Hurst in 1:95-cv-02274, and re: plaintiff K. Jeffery Knapp in 1:95-cv-03028 1:95-cv-2225 re: status of action (former empl) (Entered: 04/01/1996)
ORDER by Judge John L. Kane states that if CO Dept Corr fails to permit appropriate video taping and photography, court will not permit State to offer any evidence on same topics as contemplated by plas expert witness nor will the Dept Corr be permitted to cross examine that expert; court will approve a protective order that video and photographs be used only for this case and returned to Dept Corr following use in this case (cc: all counsel) ; entry date : 5/14/96 (former empl) (Entered: 05/14/1996)
Application (MOTION) by plaintiffs in 1:95-cv-02225 for preliminary injunction re: manually dispose raw sewage from KCCC , and request for forthwith hearing (former empl) (Entered: 05/22/1996)
MOTION by plaintiff in 1:95-cv-02225 to amend complaint no later than 7/1/96 (former empl) (Entered: 05/22/1996)
MINUTE ORDER : by Judge John L. Kane granting motion to amend complaint no later than 7/1/96 [103-1] in 1:95-cv-01878, 1:95-cv-02225, setting hearing on motion for forthwith hearing [102-2] in 1:95-cv-01878, 1:95-cv-02225 9:00 6/7/96 (cc: all counsel) ; entry date : 5/29/96 (former empl) (Entered: 05/29/1996)
Stipulation and ORDER by Judge John L. Kane withdrawing motion for preliminary injunction re: manually dispose raw sewage from KCCC [102-1] in 1:95-cv-01878, et al, withdrawing motion for forthwith hearing [102-2] in 1:95-cv-01878, et al. (cc: all counsel) ; entry date : 6/10/96 (former empl) (Entered: 06/10/1996)
LETTER to Mr. Black from Clerk of Court in 1:95-cv-01878 re: ltrs rec's from Mr. Adams and Mr. Preuss (former empl) (Entered: 07/11/1996)
NOTICE by plaintiff Mark Sublette in 1:95-cv-02187 of change of address (former empl) (Entered: 08/23/1996)
STATUS REPORT by plaintiff in 1:95-cv-01878, et al (former empl) (Entered: 10/16/1996)
MINUTE ORDER : by Judge John L. Kane ; rule 16 conference set for 8:30 12/20/96 in 1:95-cv-01878, et al parties to submit stip sched disc order by 12/13/96 (cc: all counsel) ; entry date : 10/18/96 (former empl) Modified on 10/18/1996 (Entered: 10/18/1996)
LETTER to court from plaintiff Delbert G. Leggions in 1:95-cv-01878

https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?754200838948738-L_280_0-1

11/2/2005

CM/ECF - U.S. District Court:cod - Docket Report

Page 14 of 21

12/20/1996
12/20/1996 01/17/1997 01/21/1997 02/26/1997 02/26/1997 02/26/1997 02/28/1997 03/17/1997 03/19/1997

re: status of action (former empl) (Entered: 12/09/1996)
COURTROOM MINUTES by Judge John L. Kane ; rule 16 conf held on 12/20/96 cnsl may submit proto on personnel files; cnsl have 30 days to file amndd cmp, mtns due w/in 20 days after that w/incorporated authorities or w/br; brs may be filed on all mtns, opp pty has 20 days from date of filing to respond and movant 10 days after to rply ; entry date : 12/26/96 (former empl) (Entered: 12/26/1996)
TRANSCRIPT of proceedings of Scheduling Conference 12/20/96 before Judge John L. Kane, Jr. ( 1-21 pages) Prepared By: FedRpting Service, Inc. (former empl) (Entered: 12/30/1996)
Position on pending individual monetary pro se filings (STATEMENT) by defendants in 1:95-cv-01878, et al re: minutes [123-2] (former empl) (Entered: 01/22/1997)
Second AMENDED COMPLAINT (former empl) (Entered: 01/24/1997)
WAIVER OF SERVICE of Summons and Complaint upon defendant Karnes County, Texas in 1:95-cv-01878 , et al on 2/21/97 signed by Tony Schaffer, Esq. (former empl) (Entered: 02/27/1997)
WAIVER OF SERVICE of Summons and Complaint upon defendant BRG Holding, Inc. in 1:95-cv-01878, et al on 2/21/97 signed by Tony Schaffer, Esq. (former empl) (Entered: 02/28/1997)
WAIVER OF SERVICE of Summons and Complaint upon defendant Rod Ellis in 1:95-cv-01878 on 2/21/97 signed by Tony Schaffer, Esq. (former empl) (Entered: 02/28/1997)
STATUS REPORT by plaintiffs in 1:95-cv-01878, et al re: Bowie Cty jail Fee application (former empl) (Entered: 03/03/1997)
MOTION by defendants in 1:95-cv-01878, et al to extend time to respond to second amd cmp to 4/30/97 (former empl) (Entered: 03/18/1997)
MINUTE ORDER : by Judge John L. Kane granting motion to extend time to respond to second amd cmp to 4/30/97 [133-1] in 1:95-cv-01878, 1:95-cv-01896, 1:95-cv-01897, 1:95-cv-01898, 1:95-cv-01899, 1:95-cv01900, 1:95-cv-01901, 1:95-cv-01902, 1:95-cv-01903, 1:95-cv-01904, 1:95-cv-01905, 1:95-cv-01906, 1:95-cv-01907, 1:95-cv-01908, 1:95-cv01909, 1:95-cv-01910, 1:95-cv-01911, 1:95-cv-01912, 1:95-cv-01913, 1:95-cv-01914, 1:95-cv-01915, 1:95-cv-01916, 1:95-cv-01917, 1:95-cv01918, 1:95-cv-01919, 1:95-cv-01920, 1:95-cv-01921, 1:95-cv-01963, 1:95-cv-01964, 1:95-cv-02012, 1:95-cv-02013, 1:95-cv-02016, 1:95-cv02017, 1:95-cv-02024, 1:95-cv-02046, 1:95-cv-02047, 1:95-cv-02060, 1:95-cv-02131, 1:95-cv-02132, 1:95-cv-02133, 1:95-cv-02158, 1:95-cv02159, 1:95-cv-02160, 1:95-cv-02174, 1:95-cv-02175, 1:95-cv-02176, 1:95-cv-02177, 1:95-cv-02186, 1:95-cv-02187, 1:95-cv-02188, 1:95-cv02189, 1:95-cv-02206, 1:95-cv-02207, 1:95-cv-02208, 1:95-cv-02224, 1:95-cv-02225, 1:95-cv-02226, 1:95-cv-02235, 1:95-cv-02243, 1:95-cv-

https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?754200838948738-L_280_0-1

11/2/2005

CM/ECF - U.S. District Court:cod - Docket Report

Page 15 of 21

03/24/1997 04/18/1997 04/24/1997 04/25/1997 04/29/1997 04/29/1997
04/30/1997 04/30/1997
05/15/1997

02244, 1:95-cv-02245, 1:95-cv-02246, 1:95-cv-02274, 1:95-cv-02280, 1:95-cv-02281, 1:95-cv-02285, 1:95-cv-02286, 1:95-cv-02287, 1:95-cv02291, 1:95-cv-02292, 1:95-cv-02293, 1:95-cv-02295, 1:95-cv-02296, 1:95-cv-02297, 1:95-cv-02366, 1:95-cv-02408, 1:95-cv-02409, 1:95-cv02411, 1:95-cv-02412, 1:95-cv-02435, 1:95-cv-02436, 1:95-cv-02437, 1:95-cv-02475, 1:95-cv-02487, 1:95-cv-02488, 1:95-cv-02489, 1:95-cv02490, 1:95-cv-02491, 1:95-cv-02492, 1:95-cv-02493, 1:95-cv-02494, 1:95-cv-02495, 1:95-cv-02496, 1:95-cv-02497, 1:95-cv-02498, 1:95-cv02499, 1:95-cv-02500, 1:95-cv-02501, 1:95-cv-02516, 1:95-cv-02517, 1:95-cv-02534, 1:95-cv-02535, 1:95-cv-02536, 1:95-cv-02537, 1:95-cv02584, 1:95-cv-02590, 1:95-cv-02642, 1:95-cv-02692, 1:95-cv-02704, 1:95-cv-02705, 1:95-cv-02748, 1:95-cv-02764, 1:95-cv-02765, 1:95-cv02766, 1:95-cv-02771, 1:95-cv-02772, 1:95-cv-02789, 1:95-cv-02809, 1:95-cv-02815, 1:95-cv-02858, 1:95-cv-02859, 1:95-cv-02864, 1:95-cv02865, 1:95-cv-02893, 1:95-cv-02972, 1:95-cv-03027, 1:95-cv-03028, 1:95-cv-03092, 1:95-cv-03093, 1:95-cv-03118, 1:95-cv-03119, 1:95-cv03238, 1:95-cv-03239, 1:96-cv-00005, 1:96-cv-00034, 1:96-cv-00110, 1:96-cv-00111, 1:96-cv-00112, 1:96-cv-00156, 1:96-cv-00184, 1:96-cv00185, 1:96-cv-00186, 1:96-cv-00247, 1:96-cv-00248, 1:96-cv-00294, 1:96-cv-00355, 1:96-cv-00356, 1:96-cv-00463, 1:96-cv-00659, 1:96-cv00660, 1:96-cv-01140, 1:96-cv-01141, 1:96-cv-01142, 1:96-cv-02059 (cc: all counsel) ; entry date : 3/20/97 (gms) (Entered: 03/20/1997)
NOTICE by plaintiff David J. Crosby in 1:95-cv-02245 of his change of address (gms) (Entered: 03/25/1997)
NOTICE by plaintiff Aaron Palmer in 1:95-cv-02409 of change of address (former empl) (Entered: 04/22/1997)
AMENDED COMPLAINT [2-1] in 1:95-cv-02859 by plaintiff David J. Crosby in 1:95-cv-02859 (former empl) (Entered: 04/25/1997)
First AMENDED COMPLAINT by plaintiff Anthony Ray Holloway in 1:95-cv-01912 (former empl) (Entered: 04/28/1997)
Additional Request (MOTION) by defendants in 1:95-cv-01878, et al to extend time to respond to second amd cmp to 5/16/97 (former empl) (Entered: 04/30/1997)
5 Request (MOTION) by plaintiff Ruben Valadez in 1:95-cv-01896 and all other cases to dismiss or withdraw from class action , and to amend cmp , and for order to proceed seperate from class action (former empl) (Entered: 05/01/1997)
ORDER stlmt referred to Magistrate Judge O. E. Schlatter ; by Judge John L. Kane (cc: to counsel) (former empl) (Entered: 05/01/1997)
MINUTE ORDER : by Judge John L. Kane granting motion to extend time to respond to second amd cmp to 5/16/97 [144-1] in 1:95-cv-01878, et al (cc: all counsel) ; entry date : 5/1/97 (former empl) (Entered: 05/01/1997)
ANSWER by defendant Karnes County, Texas in 1:95-cv-01878, et al re:

https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?754200838948738-L_280_0-1

11/2/2005

CM/ECF - U.S. District Court:cod - Docket Report

Page 16 of 21

05/16/1997 05/30/1997 06/16/1997 06/17/1997 06/17/1997 06/18/1997 06/27/1997
07/01/1997
07/01/1997
07/01/1997 07/02/1997

second amd complaint [126-1] in 1:95-cv-01878, et al (former empl) (Entered: 05/27/1997)
ANSWER by defendant Roy S. Romer in 1:95-cv-01878, et al and Aristedes Zavaras in 1:95-cv-01878, et al (former empl) (Entered: 05/28/1997)
LETTER from court to cnsl advising of LR 83.5 (sent local rules and application) (former empl) (Entered: 05/30/1997)
Request (MOTION) by plaintiffs in 1:95-cv-01878, et al for status conf (former empl) (Entered: 06/17/1997)
MINUTE ORDER : by Judge John L. Kane granting motion for status conf [151-1] in 1:95-cv-01878, et al ; status conf set for 9:30 6/27/97 in 1:95-cv-01878, et al (cc: all counsel) ; entry date : 6/17/97 (former empl) (Entered: 06/17/1997)
MOTION by plaintiffs in 1:95-cv-01878, et al for expediated trial of issues re: adequacy of med care (former empl) (Entered: 06/18/1997)
MINUTE ORDER : by Judge John L. Kane setting hearing on motion for expediated trial of issues re: adequacy of med care [153-1] in 1:95-cv01878, et al for 6/27/97 at 9:30 am at status conf (cc: all counsel) ; entry date : 6/19/97 (former empl) (Entered: 06/19/1997)
COURTROOM MINUTES by Judge John L. Kane ; status conf held 6/27/97 ; cnsl referred to mag for stlmt, ct to schedule fairness hrg for stlmt issues, if not settled trial will be in Feb on adequacy of med care, entry date : 6/30/97 Court Reporter: Claar (former empl) (Entered: 06/30/1997)
ANSWER by defendant BRG Holding, Inc. in 1:95-cv-01878, 1:95-cv02174, 1:95-cv-02175, 1:95-cv-02176, 1:95-cv-02177, 1:95-cv-02186, 1:95-cv-02187, 1:95-cv-02188, 1:95-cv-02189, 1:95-cv-02206, 1:95-cv02207, 1:95-cv-02208, 1:95-cv-02224, 1:95-cv-02225, 1:95-cv-02226, 1:95-cv-02235, 1:95-cv-02243, 1:95-cv-02244, 1:95-cv-02245, 1:95-cv02246, 1:95-cv-02274, 1:95-cv-02280 to second amd complaint [126-1] in 1:95-cv-01878 (former empl) (Entered: 07/08/1997)
ANSWER by defendant Rod Ellis in 1:95-cv-01878, 1:95-cv-02012, 1:95-cv-02013, 1:95-cv-02016, 1:95-cv-02017, 1:95-cv-02024, 1:95-cv02046, 1:95-cv-02047, 1:95-cv-02060, 1:95-cv-02131, 1:95-cv-02132, 1:95-cv-02133, 1:95-cv-02158, 1:95-cv-02159, 1:95-cv-02160, 1:95-cv02174, 1:95-cv-02175, 1:95-cv-02176, 1:95-cv-02177, 1:95-cv-02186, 1:95-cv-02187, 1:95-cv-02188, 1:95-cv-02189, 1:95-cv-02206, 1:95-cv02207, 1:95-cv-02208, 1:95-cv-02224, 1:95-cv-02225, 1:95-cv-02226 to second amd complaint [126-1] in 1:95-cv-01878 (former empl) (Entered: 07/08/1997)
TRANSCRIPT of proceedings of 6/27/97 at 9:30 am before Judge Kane ( 1-28 pages) Prepared By: Claar (former empl) (Entered: 07/08/1997)
MINUTE ORDER : by Magistrate Judge O. E. Schlatter ; settlement conf

https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?754200838948738-L_280_0-1

11/2/2005

CM/ECF - U.S. District Court:cod - Docket Report

Page 17 of 21

07/10/1997 07/15/1997 07/24/1997 07/25/1997 07/28/1997 07/28/1997 08/05/1997 08/05/1997
08/08/1997 08/08/1997
09/02/1997 09/05/1997
09/08/1997 09/09/1997

set for 3:00 7/16/97 in 1:95-cv-01878, et al (cc: all counsel) ; entry date : 7/8/97 (former empl) (Entered: 07/08/1997)
LETTER from court to cnsl Tony L. Schaffer re: admission to bar (former empl) (Entered: 07/17/1997)
LETTER to court from plaintiff John B. Bowring in 1:95-cv-01919 re: status and change of address (docket sheet sent) (former empl) (Entered: 07/17/1997)
MOTION by Theodore Benglen in 1:96-cv-02059 for appointment of counsel (former empl) (Entered: 07/28/1997)
MINUTE ORDER : by Judge John L. Kane denying motion for appointment of counsel [164-1] in 1:95-cv-01878, et al date : 7/28/97 (former empl) (Entered: 07/28/1997)
LETTER to court from Troy Lamont Fields in 1:95-cv-02013 re: status (former empl) (Entered: 07/28/1997)
LETTER to court from Troy Lamont Fields in 1:96-cv-00005 (former empl) (Entered: 07/28/1997)
MOTION by plaintiff Lee G. Austin, J.R. in 1:95-cv-01878, et al for permissive joinder of parties (former empl) (Entered: 08/06/1997)
MINUTE ORDER : by Judge John L. Kane striking motion for permissive joinder of parties [166-1] in 1:95-cv-01878, et al, mtns will only be accepted from cnsl (cc: all counsel) ; entry date : 8/6/97 (former empl) (Entered: 08/06/1997)
MOTION for permission joinder of parties from Willie J. Rupert, Jr. (former empl) (Entered: 08/11/1997)
MINUTE ORDER : by Judge John L. Kane striking motion for permission joinder of parties from Willie J. Rupert, Jr. [168-1] in 1:95cv-01878, et al (cc: all counsel) ; entry date : 8/11/97 (former empl) (Entered: 08/11/1997)
MOTION by plaintiffs in 1:95-cv-01878, et al for order to end consolidation of separate cases , and to to clarify representative role of plas' cnsl (former empl) (Entered: 09/05/1997)
MINUTE ORDER : by Judge John L. Kane setting hearing on motion for order to end consolidation of separate cases [170-1] in 1:95-cv-01878, et al 9:00 9/23/97 in 1:95-cv-01878, et al setting hearing on motion to clarify representative role of plas' cnsl [170-2] in 1:95-cv-01878, et al at 9:00 am on 9/23/97 (cc: all counsel) ; entry date : 9/9/97 (former empl) (Entered: 09/09/1997)
MOTION by plaintiffs in 1:95-cv-01878, et al for order of notification of plaintiff (former empl) (Entered: 09/09/1997)
MINUTE ORDER : by Judge John L. Kane striking motion for order of notification of plaintiff [173-1] in 1:95-cv-01878, et al ct will accept

https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?754200838948738-L_280_0-1

11/2/2005

CM/ECF - U.S. District Court:cod - Docket Report

Page 18 of 21

09/10/1997 09/11/1997 09/19/1997 09/23/1997 09/24/1997 09/30/1997
10/03/1997
10/10/1997 10/15/1997 10/28/1997 10/29/1997

filings from cnsl of record only (cc: all counsel) ; entry date : 9/12/97 (former empl) (Entered: 09/12/1997)
Petition (MOTION) by plaintiff Delbert G. Leggions in 1:95-cv-01878 for order for notification to plaintiff (former empl) (Entered: 09/12/1997)
MINUTE ORDER : by Judge John L. Kane striking motion for order for notification to plaintiff [175-1] in 1:95-cv-01878, et al (cc: all counsel) ; entry date : 9/12/97 (former empl) (Entered: 09/12/1997)
NOTICE by plaintiff Stephen Joe Espinoza in 1:95-cv-02642 of change of address (former empl) (Entered: 09/29/1997)
COURTROOM MINUTES by Judge John L. Kane granting motion for order to end consolidation of separate cases [170-1] in 1:95-cv-01878, et al granting motion to clarify representative role of plas' cnsl [170-2] in 1:95-cv-01878, et al (former empl) (Entered: 09/23/1997)
Letter re: Addendum (STATEMENT) from J. Montague (former empl) (Entered: 09/29/1997)
ORDER by Judge John L. Kane granting motion for order to end consolidation of separate cases [170-1] granting motion to clarify representative role of plas' cnsl [170-2] in 1:95-cv-01878, et al, 95-K1878 is certified as class action, plas in each of 150 actions are specifically instructed that cnsl in 95-K-1878 represent them solely as members of certified class for equitable relief and of the 150 plas are specifically instruted that these duplicative claims are dismissed and only individual actions will be 57 actions where plas seek monetary relief, 93 individual actions in Appendix A are dismissed, clk of ct shall deem these cases closed, 57 individual damage actions listed in Appendix B are referred to Magistrate Judge Borchers to serve as special master dismissing cases (cc: all counsel) ; entry date : 9/30/97 (former empl) (Entered: 09/30/1997)
6 ORDER TO SHOW CAUSE: by Magistrate Judge Richard M. Borchers returnable 11/10/97 pla to show cause why dfts State of CO and CO Dept Corr should not be dismissed for failure to state a claim, and why all other purported plas should not be dismissed for failing to sign cmp pursuant to FRCP 11(a) (cc: all counsel) (former empl) (Entered: 10/08/1997)
7 LETTER to court from plaintiff Jessie I. Cluff (former empl) (Entered: 10/23/1997)
MAIL Returned order to show cause order [6-1] [6-1] addressed to plaintiff K. Jeffery Knapp (Interstate-Montana, no address available) (former empl) (Entered: 10/16/1997)
8 MOTION by pla Richard Westley to extend time to respond to OSC (former empl) (Entered: 10/29/1997)
9 MINUTE ORDER : by Magistrate Judge Richard M. Borchers granting motion to extend time to respond to OSC [8-1] ; order to show cause ddl

https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?754200838948738-L_280_0-1

11/2/2005

CM/ECF - U.S. District Court:cod - Docket Report

Page 19 of 21

11/10/1997 11/10/1997 11/18/1997 11/28/1997 12/05/1997 12/05/1997
12/12/1997 12/17/1997
12/18/1997 12/22/1997 12/30/1997 01/13/1998 01/13/1998

set for 12/1/97 (cc: all counsel) ; entry date : 10/30/97 (former empl) (Entered: 10/30/1997)
10 Response to ORDER to show cause by plas Robert A. Lane, Tex R. Harrington & Troy L. Fields [6-1] (former empl) (Entered: 11/12/1997)
10 MOTION by plas Robert A. Lane, Tex R. Harrington & Troy L. Fields for leave to sign pleading pursuant to FRCP 11a and to correct & amend caption re dft Romer & Zavaras (former empl) (Entered: 11/12/1997)
11 MOTION by plaintiff Richard Westley to be severed from Civil Rights Complaint (former empl) (Entered: 11/18/1997)
MAIL Returned minute order [9-2] [9-2] addressed to plaintiff Timmons Thally (out to Court) (former empl) (Entered: 11/28/1997)
12 MEMORANDUM by Magistrate Judge Richard M. Borchers: mag rec entered; case referred back to Judge for further proceedings (former empl) (Entered: 12/08/1997)
13 MAGISTRATE'S RECOMMENDATION that plas Adams, Norem, Fishman, Thally, Reid, Ford, Cluff, Gore, Melton & Lopez be dism; that dfts CO DOC & State of CO be dism; that the mtn for leave to sign pleading [10-1] & to correct and amend caption re dfts Romer & Zavarras [10-2] be granted by Magistrate Judge Richard M. Borchers (cc: all counsel); entry date: 12/8/97 (former empl) (Entered: 12/08/1997)
14 NOTICE by Richard Westley of change of address (former empl) (Entered: 12/15/1997)
15 ORDER by Judge John L. Kane adopting [13-1] Magistrate's Recommendation granting mtn for leave to sign pleading pursuant to FRCP 11a [10-1] & to correct & amend caption re dft Romer & Zavaras [10-2] dismissing parties: James A. Adams, William E. Norem, Brian Fishman, Timmons Thally, Gabriel Reid, Romone E. Ford, Jessie I. Cluff, Glenn Gore, Gary J. Melton, Anthony Lopez, CO Dept Corrections & Colorado, State of (cc: all counsel); entry date: 12/18/97 (former empl) (Entered: 12/18/1997)
16 MOTION by plas Troy L. Fields, Robert A. Lane, Tex R. Harrington to amend caption pursuant to FRCP 15(a) (former empl) (Entered: 12/19/1997)
MAIL Returned: order [15-2] addressed to Gary J. Melton (former empl) (Entered: 12/22/1997)
17 MAGISTRATE'S RECOMMENDATION that pla Field's mtn to amd caption [16-1] be denied by Magistrate Judge Richard M. Borchers (cc: all counsel) ; entry date : 12/31/97 (former empl) (Entered: 12/31/1997)
18 MOTION by plaintiff Troy L. Fields to extend time to apply to courts order to respond (former empl) (Entered: 01/15/1998)
19 ORDER by Judge John L. Kane adopting [17-1] Magistrate's

https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?754200838948738-L_280_0-1

11/2/2005

CM/ECF - U.S. District Court:cod - Docket Report

Page 20 of 21

01/14/1998 01/15/1998 01/20/1998 01/21/1998 01/26/1998 01/28/1998 02/02/1998
02/18/1998 04/03/1998 05/04/1998
07/10/1998 07/10/1998 07/13/1998 07/24/1998 08/04/1998

Recommendation denying motion to amend caption pursuant to FRCP 15 (a) [16-1] (cc: all counsel) ; entry date : 1/15/98 (former empl) (Entered: 01/15/1998)
MAIL Returned: order [15-2] addressed to Gabriel Reid (former empl) (Entered: 01/15/1998)
20 MINUTE ORDER by Judge John L. Kane granting motion to extend time to apply to courts order to respond [18-1] up to & including 1/26/98 (cc: all counsel); entry date: 1/15/98 (former empl) (Entered: 01/15/1998)
MAIL Returned: order [19-1] addressed to Gary J. Melton (former empl) (Entered: 01/21/1998)
MAIL Returned: order [19-1] addressed to Gary J. Melton (former empl) (Entered: 01/21/1998)
MAIL Returned: order [19-1] addressed to William E. Norem (former empl) (Entered: 01/27/1998)
21 MOTION by plaintiff K. Jeffery Knapp for leave to amend pleading (complaint) (former empl) (Entered: 01/29/1998)
22 ORDER by Magistrate Judge Richard M. Borchers denying motion for leave to amend pleading (complaint) [21-1], but plas retain right to submit proposed amended complaint (cc: all counsel); entry date: 2/3/98 (former empl) (Entered: 02/03/1998)
MAIL Returned: order [22-1] addressed to K. Jeffery Knapp (former empl) (Entered: 03/12/1998)
23 ORDER by Magistrate Judge Richard M. Borchers Directing Service of Summons (cc: all counsel); entry date: 4/9/98 (former empl) (Entered: 04/09/1998)
24 WAIVER & Acceptance OF SERVICE of Summons and Complaint by Cathie Holst on behalf of defendants Aristedes W. Zavaras, Ben Griego and Betty Fulton on 4/27/98; service is not waived for CO Correctional Employees Known & Unknown (former empl) (Entered: 05/06/1998)
25 MOTION by defendants to dismiss (former empl) (Entered: 07/13/1998)
26 BRIEF by defendants in support of motion to dismiss [25-1] (former empl) (Entered: 07/13/1998)
27 MINUTE ORDER by Magistrate Judge Richard M. Borchers regarding [25-1] motion to dismiss, plas have to 8/3/98 to respond (cc: all counsel); entry date: 7/16/98 (former empl) (Entered: 07/16/1998)
MAIL Returned: minute order [27-1] addressed to plaintiff James A. Adams (former empl) (Entered: 07/27/1998)
28 MOTION by plaintiff Troy L. Fields to extend time to respond to dfts' mtn to dismiss to 8/23/98 (former empl) (Entered: 08/05/1998)

https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?754200838948738-L_280_0-1

11/2/2005

CM/ECF - U.S. District Court:cod - Docket Report

Page 21 of 21

08/10/1998 08/27/1998 08/27/1998 09/15/1998 09/16/1998

29 ORDER by Magistrate Judge Richard M. Borchers granting motion to extend time to respond to dfts' mtn to dismiss to 8/23/98 [28-1], regarding [25-1] motion to dismiss (cc: counsel) ; entry date : 8/12/98 (former empl) (Entered: 08/12/1998)
30 MEMORANDUM by Magistrate Judge Richard M. Borchers: recommendation entered; case referred back to Judge for further proceedings (former empl) (Entered: 08/31/1998)
31 MAGISTRATE'S RECOMMENDATION that dfts' mtn to dismiss be granted & the case be dismissed by Magistrate Judge Richard M. Borchers concerning motion to dismiss [25-1] (cc: all counsel); entry date: 8/31/98 (former empl) (Entered: 08/31/1998)
32 ORDER by Judge John L. Kane adopting [31-1] Magistrate's Recommendation granting motion to dismiss [25-1]; case dismissed for reasons stated in recommendation (cc: all counsel); entry date: 9/16/98 (former empl) (Entered: 09/16/1998)
33 JUDGMENT by Chief Deputy Clerk for Clerk James R. Manspeaker pursuant to [32-1] order in favor of dfts CO DOC, State of CO, Romer, Zavaras, Griego, Fulton, CO Correctional Dept employees and against plas Knapp, Adams, Norem, Fishman, Westley, Thally, Reid, Ford, Lane, Cluff, Harrington, Gore, Fields, Melton & Lopez; and action & complaint are dismissed (cc: all counsel); entry date: 9/16/98 (former empl) (Entered: 09/16/1998)

PACER Service Center
Transaction Receipt

11/02/2005 15:00:14

PACER Login: hs0328

Client Code:

Description: Docket Report Search Criteria: 1:95-cv-02225-JLK

Billable Pages: 11

Cost:

0.88

https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?754200838948738-L_280_0-1

11/2/2005

 </s> CM/ECF - U.S. District Court:cod - Docket Report

Page 1 of 28

CLASAC, TERMED
U.S. District Court District of Colorado (Denver) CIVIL DOCKET FOR CASE #: 1:95-cv-01878-JLK

Leggions, et al v. CO Dept Corrections, et al Assigned to: Judge John L. Kane Demand: $0 Cause: 42:1983 Prisoner Civil Rights

Date Filed: 07/27/1995 Jury Demand: None Nature of Suit: 550 Prisoner: Civil Rights Jurisdiction: Federal Question

Plaintiff Delbert G. Leggions

represented by Delbert G. Leggions BCCF Bent County Correctional Facility 11560 Road FF.75 Las Animas, CO 81054 PRO SE

David H. Miller King & Greisen, LLP 1670 York Street Denver, CO 80206 U.S.A 303-298-9878 Fax: 303-298-9879 Email: miller@kinggreisen.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

James Edward Hartley Holland & Hart, LLP-Denver CO United States District Court Box 06 555 Seventeenth Street #3200 Denver, CO 80202 U.S.A 303-295-8237 Fax: 303-975-5486 Email: jhartley@hollandhart.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Steven W. Black Holland & Hart, LLP-Denver Colorado United States District Court Box 06 555 - 17th Street P.O. Box 8749

https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?316016454502036-L_280_0-1

11/2/2005

CM/ECF - U.S. District Court:cod - Docket Report

Page 2 of 28

Plaintiff Victor Joe Lidgren

Denver, CO 80201-8749 U.S.A 303-295-8000 Fax: 295-8261 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by James Edward Hartley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jane Anne Bell American Civil Liberties Union of Colorado 400 Corona Denver, CO 80218 U.S.A 303-777-5482 Fax: 777-1773 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mark Silverstein American Civil Liberties UnionColorado 400 Corona Street Denver, CO 80218 U.S.A 303-777-5482 Fax: 303-777-1773 Email: msilver2@att.net LEAD ATTORNEY ATTORNEY TO BE NOTICED
Nicole R. Morbach Holland & Hart, LLP-Denver Colorado United States District Court Box 06 555 - 17th Street P.O. Box 8749 Denver, CO 80201-8749 U.S.A 303-295-8000 Fax: 295-8261 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Steven W. Black (See above for address)

https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?316016454502036-L_280_0-1

11/2/2005

CM/ECF - U.S. District Court:cod - Docket Report

Page 3 of 28

Plaintiff Rory Clark
Plaintiff Bill Erickson

LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by James Edward Hartley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jane Anne Bell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mark Silverstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Nicole R. Morbach (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Steven W. Black (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by James Edward Hartley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jane Anne Bell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mark Silverstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Nicole R. Morbach (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?316016454502036-L_280_0-1

11/2/2005

CM/ECF - U.S. District Court:cod - Docket Report

Page 4 of 28

Plaintiff Gary King
Plaintiff William R. Arnold V. Petitioner Russell Jj. Vasquez
V. Defendant Colorado Department of Corrections

Steven W. Black (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by James Edward Hartley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jane Anne Bell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mark Silverstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Nicole R. Morbach (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Steven W. Black (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Russell Jj. Vasquez 69839 Texarkana - FCI P.O. Box 7000 Texarkana, TX 75501 PRO SE

https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?316016454502036-L_280_0-1

11/2/2005

CM/ECF - U.S. District Court:cod - Docket Report

Page 5 of 28

Defendant Bowie County Correctional Facility Defendant Roy S. Romer Governor of the State of Colorado, in his official capacity
Defendant Aristedes Zavaras Executive Director of the Colorado Department of Corrections, in his official capacity Defendant Karnes County, Texas a political subdivision of the State of Texas
Defendant Rod Ellis

represented by John A. Lizza Colorado Department of Law 1525 Sherman Street 5th Floor Denver, CO 80203 U.S.A 303-866-5692 Fax: 1-866-858-7486 Email: john.lizza@state.co.us LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by John A. Lizza (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by David R. Brougham Hall & Evans-Denver CO United States District Court Box 05 1125 Seventeenth Street #600 Denver, CO 80202-5817 U.S.A 303-628-3300 Fax: 303-293-3238 Email: broughamd@hallevans.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Tony L. Schaffer BRG Operations of South Texas, Inc. 1021 RR 620 South #D Austin, TX 78734 U.S.A 512-263-9480 Fax: 263-9481 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by David R. Brougham

https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?316016454502036-L_280_0-1

11/2/2005

CM/ECF - U.S. District Court:cod - Docket Report

Page 6 of 28

Warden of the Karnes County Correctional Center
Defendant BRG Holding, Inc. a Texas corporation
V. Respondent Mary Choate Respondent Tony Richardson Respondent Ron Scott Bowie County Correctional Cetner

(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Tony L. Schaffer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by David R. Brougham (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Tony L. Schaffer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 07/27/1995 07/27/1995
07/27/1995 07/27/1995 07/31/1995

#

Docket Text

1 MOTION by plaintiff Delbert G. Leggions to proceed in forma pauperis (former empl) (Entered: 07/27/1995)

2 ORDER by Judge John L. Kane granting motion to proceed in forma pauperis [1-1] (cc: all counsel) ; entry date : 7/27/95 (former empl) (Entered: 07/27/1995)

3 COMPLAINT of Delbert G. Leggions ( No Summons(es) issued) (former empl) (Entered: 07/27/1995)

4 LETTER from court to Plaintiff re: filing of complaint (former empl) (Entered: 07/27/1995)

5 ORDER by Judge John L. Kane amending [2-1] order entered 7/27/95-Other cases rec'd dealing with conditions of confinement of Colo State prisoners being held in Texas to be consolidated with this action. (cc: all

https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?316016454502036-L_280_0-1

11/2/2005

CM/ECF - U.S. District Court:cod - Docket Report

Page 7 of 28

08/07/1995 08/08/1995 08/15/1995 08/15/1995 08/15/1995
08/21/1995 08/21/1995 08/21/1995 08/21/1995 08/21/1995 08/22/1995 08/23/1995

counsel) ; entry date : 8/2/95 (former empl) (Entered: 08/02/1995)
6 LETTER to court from plaintiff Delbert G. Leggions in 1:95-cv-01878. (former empl) (Entered: 08/08/1995)
COMPLAINT ( No Summons(es) issued) (former empl) (Entered: 08/09/1995)
7 ATTORNEY APPEARANCE for plaintiff Delbert G. Leggions in 1:95cv-01878 by James E. Hartley, Steven W. Black, David H. Miller. (former empl) (Entered: 08/16/1995)
8 Ex Parte MOTION by plaintiff Delbert G. Leggions in 1:95-cv-01878 for leave to permit an unannounced inspection of premises. (former empl) (Entered: 08/16/1995)
9 ORDER by Judge John L. Kane granting the ex parte motion for leave to permit an unannounced inspection of premises [8-1]. Plf's counsel & expert designee authorized to enter the Bowie County Corr Fac for an unannounced inspection of all parties of the facility on 8/16/95; also authorized to make photographic/electronic/audio recordings of any/all parts of the facility. Defts may object to disclosure of the photos, etc. Deft Bowie County to make entire Corr Fac available/open for inspection by parties beginning a 9:00 a.m. on 8/16/95 & continuing thereafter from day to day as lon as plf's counsel deems necessary. Deft ordered to cooperate fully & shall refrain from interfering/hindering in any way with the inspection. (cc: all counsel) ; entry date : 8/16/95 (former empl) (Entered: 08/16/1995)
10 LETTER to court from plaintiff Terry P. Barr in 1:95-cv-01920 re status of his case & indicating that he does not wish to be involved in the consolidated Texas cases. (former empl) (Entered: 08/23/1995)
11 MOTION by Dean Craine in 1:95-cv-01878 for parties Plf joinder in this case pursuant to Rule 20. (former empl) (Entered: 08/23/1995)
13 LETTER to court from plaintiff Bobby Cloud in 1:95-cv-02046 requesting that his petition for writ of HC be withdrawn and not included in the consolidated cases. (former empl) (Entered: 08/23/1995)
14 MOTION by plaintiff John B. Bowring in 1:95-cv-01919 for preliminary injunction. (former empl) (Entered: 08/23/1995)
15 LETTER to court from plaintiff Bobby Cloud in 1:95-cv-02046 indicating that he omitted the second page of his letter that he sent previously--attaching the second page to this letter. (former empl) (Entered: 08/23/1995)
12 MOTION by plaintiff Troy Lamont Fields in 1:95-cv-02013 for order to sever cases consolidated by previous court order. (former empl) (Entered: 08/23/1995)
16 ORDER by Judge John L. Kane denying motion for parties Plf joinder in this case pursuant to Rule 20 [11-1]. (cc: all counsel) ; entry date :

https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?316016454502036-L_280_0-1

11/2/2005

CM/ECF - U.S. District Court:cod - Docket Report

Page 8 of 28

08/24/1995
08/28/1995
08/31/1995 09/01/1995 09/08/1995 09/11/1995 09/11/1995 09/12/1995 09/13/1995 09/26/1995 09/27/1995
09/27/1995 09/29/1995

8/24/95 (former empl) (Entered: 08/24/1995)
17 ORDER by Judge John L. Kane denying Plf Troy Fields' motion for order to sever cases consolidated by previous court order [12-1] in 1:95cv-01878, 1:95-cv-02013. (cc: all counsel) ; entry date : 8/24/95 (former empl) (Entered: 08/24/1995)
18 MOTION by plaintiff Troy Lamont Fields in 1:95-cv-02013 to amend Pleading Pursuant to FRCP 15(a). (NOTE: Plf Fields has attached exhibits to this pleading, including Exhibit B which is a T-shirt that has been PLACED IN THE EXHIBIT ROOM.) (former empl) (Entered: 08/29/1995)
19 MOTION by Movant Reginald Kinney in 1:95-cv-01878 for permissive joinder of parties Plf Pursuant to Rule 20 in this case. (former empl) (Entered: 08/31/1995)
20 MOTION by Movant Glen Williams Jr. in 1:95-cv-01878 for permissive joinder of parties Plf Pursuant to Rule 20 in this civil action. (former empl) (Entered: 09/06/1995)
21 MOTION by Christopher Rimpson in 1:95-cv-01878 for permissive joinder of parties Plf Pursuant to Rule 20, and Supplemental Complaint. (former empl) (Entered: 09/11/1995)
22 MOTION by plaintiff John B. Bowring in 1:95-cv-01919 for order for severance of cause. (former empl) (Entered: 09/11/1995)
23 MOTION by Lester Newton in 1:95-cv-01878 for permissive joinder of Pty Plf Pursuant to Rule 20. (former empl) (Entered: 09/11/1995)
24 MOTION by Movant Amantema Wilkerson in 1:95-cv-01878 for joinder of Party Plf Pursuant to Rule 20. (former empl) (Entered: 09/14/1995)
25 MOTION by Movant Kevin Bradley Canada in 1:95-cv-01878 for permissive joinder of Party Plf Pursuant to Rule 20. (former empl) (Entered: 09/14/1995)
26 MOTION by defendant CO Dept Corrections in 1:95-cv-01878 to vacate order of 8/17/95. (former empl) (Entered: 09/27/1995)
27 RETURN OF SERVICE of Summons and other documents upon defendant CO Dept Corrections in 1:95-cv-01878 on 8/17/95 by hand delivery to Coleen Stevenson, Program Assistant to Brad Rockwell for Deft. (former empl) (Entered: 09/28/1995)
28 RETURN OF SERVICE by defendant CO Dept Corrections in 1:95-cv01878 of Order by hand delivery to Coleen Stevenson, Program Assistant to Brad Rockwell for Deft. (former empl) (Entered: 09/28/1995)
29 COURTROOM MINUTES by Judge John L. Kane granting motion to vacate order of 8/17/95. [26-1] in 1:95-cv-01878. Consolidated amd cmp due 10/27/95. Answers or motions by defts due 11/17/95. ; entry date : 10/3/95 (gms) Modified on 01/09/1997 (Entered: 10/03/1995)

https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?316016454502036-L_280_0-1

11/2/2005

CM/ECF - U.S. District Court:cod - Docket Report

Page 9 of 28

10/03/1995 10/04/1995 10/10/1995
10/11/1995 10/12/1995
10/16/1995 10/17/1995
10/20/1995 10/25/1995 10/25/1995 10/26/1995 10/27/1995
11/03/1995 11/03/1995 11/03/1995 11/03/1995 11/03/1995

30 NOTICE by plaintiff Aaron Palmer in 1:95-cv-02409 of his change of address (gms) (Entered: 10/03/1995)
31 MOTION by plaintiff John B. Bowring in 1:95-cv-01919 for ruling on pending motions. (former empl) (Entered: 10/05/1995)
32 JOINDER of Persons (Defts) by plaintiff John B. Bowring in 1:95-cv01919 requesting that a new deft be named: Dominion Brokerage, Leasing and Management. (former empl) (Entered: 10/11/1995)
33 MOTION by plaintiff John B. Bowring in 1:95-cv-01919 to amend Complaint. (former empl) (Entered: 10/11/1995)
34 MOTION by Movant Michael Smith in 1:95-cv-01878 for permissive joinder of parties Plf Pursuant to Rule 20; & Supplemental Complaint. (former empl) (Entered: 10/12/1995)
35 MOTION by plaintiff John B. Bowring in 1:95-cv-01919 for preliminary injunction (former empl) (Entered: 10/16/1995)
36 MINUTE ORDER : by Judge John L. Kane denying motion for preliminary injunction [35-1] in 1:95-cv-01878, 1:95-cv-01919 (cc: all counsel) ; entry date : 10/18/95 (former empl) (Entered: 10/18/1995)
37 MOTION by plaintiff John B. Bowring in 1:95-cv-01919 for Permissive joinder (former empl) (Entered: 10/23/1995)
38 STATEMENT by plaintiff John B. Bowring in 1:95-cv-01919 (former empl) (Entered: 10/25/1995)
39 NOTICE of Limited Power of Atty to Ms. Jolene Valdez by plaintiff John B. Bowring in 1:95-cv-01919 (former empl) (Entered: 10/25/1995)
40 MOTION by plaintiff Delbert G. Leggions in 1:95-cv-01878 to extend time to file first amended complaint (former empl) (Entered: 10/27/1995)
41 MINUTE ORDER : by Judge John L. Kane granting motion to extend time to file first amended complaint [40-1] to 11/17/95 and 12/5/95 to answer (cc: all counsel) ; entry date : 10/30/95 (former empl) (Entered: 10/30/1995)
42 LETTER to court from plaintiff John B. Bowring in 1:95-cv-01919 (former empl) (Entered: 11/06/1995)
43 MOTION by plaintiff John B. Bowring in 1:95-cv-01919 for preliminary injunction (former empl) (Entered: 11/06/1995)
44 MOTION by plaintiff John B. Bowring in 1:95-cv-01919 to amend/expand complaint (former empl) (Entered: 11/06/1995)
45 MOTION by plaintiff John B. Bowring in 1:95-cv-01919 for permissive joinder in inmates to class (former empl) (Entered: 11/06/1995)
46 JOINDER of persons by plaintiff John B. Bowring in 1:95-cv-01919 motion for permissive joinder in inmates to class [45-1] in 1:95-cv-

https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?316016454502036-L_280_0-1

11/2/2005

CM/ECF - U.S. District Court:cod - Docket Report

Page 10 of 28

11/03/1995 11/03/1995 11/03/1995 11/06/1995
11/13/1995 11/13/1995 11/14/1995
11/17/1995 11/24/1995 11/24/1995 11/27/1995

01878, motion for permissive joinder in inmates to class [0-1] in 1:95-cv01919 (former empl) (Entered: 11/06/1995)
47 MOTION by plaintiff John B. Bowring in 1:95-cv-01919 to severance of lead acction and counsels (former empl) (Entered: 11/06/1995)
48 MOTION by plaintiff John B. Bowring in 1:95-cv-01919 for oral argument (hearing) (former empl) (Entered: 11/06/1995)
49 MOTION by plaintiff John B. Bowring in 1:95-cv-01919 for order for document disclosure (former empl) (Entered: 11/06/1995)
50 MINUTE ORDER : by Judge John L. Kane denying motion for order for document disclosure [49-1] in 1:95-cv-01878, 1:95-cv-01919, denying motion for oral argument (hearing) [48-1] in 1:95-cv-01878, 1:95-cv01919, denying motion to severance of lead acction and counsels [47-1] in 1:95-cv-01878, 1:95-cv-01919, denying motion for permissive joinder in inmates to class [45-1] in 1:95-cv-01878, 1:95-cv-01919, denying motion to amend/expand complaint [44-1] in 1:95-cv-01878, 1:95-cv01919 (cc: all counsel) ; entry date : 11/7/95 (former empl) (Entered: 11/07/1995)
51 MOTION by defendant CO Dept Corrections in 1:95-cv-01878, defendant Bowie Cty Corr Fac in 1:95-cv-01878, to transfer case to USDC E Dist TX , and to change venue (former empl) Modified on 01/09/1997 (Entered: 11/14/1995)
52 Attachements (APPENDIX) filed by defendant CO Dept Corrections in 1:95-cv-01878, defendant Bowie Cty Corr Fac in 1:95-cv-01878 motion to transfer case to USDC E Dist TX [51-1], motion to change venue [512] (former empl) (Entered: 11/14/1995)
53 MINUTE ORDER : by Judge John L. Kane regarding [51-1] motion to transfer case to USDC E Dist TX, regarding [51-2] motion to change venue; pla to file response brief by 11/24/95 and dfts to reply by 11/27/95 (cc: all counsel) ; entry date : 11/14/95 (former empl) (Entered: 11/14/1995)
54 First AMENDED COMPLAINT [3-1] in 1:95-cv-01878 by plaintiffs K. Jeffery Knapp in 1:95-cv-02225, Baldwin, Burke, Leggions, Montague, Shaffer, Torres, Valdez and Westley (former empl) (Entered: 11/20/1995)
55 MOTION by Bowie County Defts for extension of time to reply to pltf's resp to motion to chg venue to 11/28/95 (gms) Modified on 01/09/1997 (Entered: 11/24/1995)
56 RESPONSE in opposition to motion to transfer case to USDC E Dist TX [51-1], motion to change venue [51-2] (former empl) (Entered: 11/27/1995)
57 MINUTE ORDER : by Judge John L. Kane granting motion for extension of time to reply to pltf's resp to motion to chg venue to 11/28/95 [55-1] (cc: all counsel) ; entry date : 11/28/95 (former empl)

https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?316016454502036-L_280_0-1

11/2/2005

CM/ECF - U.S. District Court:cod - Docket Report

Page 11 of 28

11/28/1995 12/01/1995 12/04/1995 12/04/1995
12/05/1995 12/05/1995 12/06/1995 12/13/1995 12/22/1995 12/22/1995 12/27/1995

(Entered: 11/28/1995)
58 REPLY Brief by defendant CO Dept Corrections in 1:95-cv-01878, defendant Bowie Cty Corr Fac in 1:95-cv-01878 re motion to transfer case to USDC E Dist TX [51-1], motion to change venue [51-2] (former empl) (Entered: 11/29/1995)
59 Application (MOTION) by plaintiff Delbert G. Leggions in 1:95-cv01878 for preliminary injunction (former empl) (Entered: 12/04/1995)
60 MOTION by defendant CO Dept Corrections in 1:95-cv-01878, defendant Bowie Cty Corr Fac in 1:95-cv-01878 for order for appointment of magistrate to conduct mandatory settlement conference (former empl) (Entered: 12/05/1995)
61 MINUTE ORDER : by Judge John L. Kane regarding [59-1] motion for preliminary injunction; dft response due 12/28/95 ; status conf set for 9:00 12/29/95 to determine scheduling of testimony and exchange of rpts and exhibits; cnsl to prepare exhibit and witness lists (cc: all counsel) ; entry date : 12/5/95 (former empl) (Entered: 12/05/1995)
62 ANSWER by defendant CO Dept Corrections in 1:95-cv-01878, defendant Bowie Cty Corr Fac in 1:95-cv-01878 to first amd complaint [54-1] (former empl) (Entered: 12/06/1995)
63 SPECIAL ORDER OF REFERENCE by Judge John L. Kane to Magistrate Judge O. E. Schlatter for settlement (cc: to counsel) (former empl) Modified on 01/09/1997 (Entered: 03/12/1996)
64 Notice of Setting (SCHEDULING ORDER) Magistrate Judge O. E. Schlatter ; Court to telphone counsel for settlement conference 8:45 12/13/95 cnsl to assure perosn w/calendar authority are avilable (cc: all counsel) (former empl) (Entered: 12/07/1995)
65 MINUTE ORDER : by Magistrate Judge O. E. Schlatter ; settlement conf set for 1:15 12/27/95 in 1:95-cv-01878 (cc: all counsel) ; entry date : 12/14/95 (former empl) Modified on 01/09/1997 (Entered: 12/14/1995)
66 MEMORANDUM, OPINION, AND ORDER: by Judge John L. Kane denying motion to transfer case to USDC E Dist TX [51-1], denying motion to change venue [51-2] (cc: all counsel) ; entry date : 12/28/95 (former empl) (Entered: 12/28/1995)
67 ORDER TO SHOW CAUSE: by Judge John L. Kane returnable 1/5/96 why this case should not be maintained as a class action; if dfts object to certification issues will be briefed in response to order (cc: all counsel) (former empl) (Entered: 12/28/1995)
68 MINUTE ORDER : by Judge John L. Kane setting hearing on motion for preliminary injunction [59-1] 9:00 2/26/96 ; status conf reset for 9:00 1/23/96 dfts to file response to motion for preliminary injunction by 1/22/96 (cc: all counsel) ; entry date : 12/28/95 (former empl) (Entered: 12/28/1995)

https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?316016454502036-L_280_0-1

11/2/2005

CM/ECF - U.S. District Court:cod - Docket Report

Page 12 of 28

01/05/1996 01/08/1996 01/10/1996 01/11/1996
01/19/1996 01/22/1996 01/23/1996 01/23/1996
02/14/1996 02/14/1996 02/21/1996 02/22/1996 02/23/1996

69 MOTION by defendant CO Dept Corrections in 1:95-cv-01878, defendant Bowie Cty Corr Fac in 1:95-cv-01878 to extend time in which to respond to order to show cause (former empl) Modified on 01/09/1997 (Entered: 01/08/1996)
70 MINUTE ORDER : by Judge John L. Kane denying motion to extend time in which to respond to order to show cause [69-1] due to no cert compliance with LR, regarding [67-1] order to show cause order (cc: all counsel) ; entry date : 1/8/96 (former empl) (Entered: 01/08/1996)
71 MOTION by defendant CO Dept Corrections in 1:95-cv-01878, defendant Bowie Cty Corr Fac in 1:95-cv-01878 to extend time in which to respond to order to show cause (former empl) (Entered: 01/11/1996)
72 MINUTE ORDER : by Judge John L. Kane granting motion to extend time in which to respond to order to show cause [71-1] in 1:95-cv-01878, granting motion to extend time in which to respond to order to show cause [0-1] in 1:95-cv-01896, et al to 2/5/96 (cc: all counsel) ; entry date : 1/16/96 (former empl) Modified on 01/09/1997 (Entered: 01/16/1996)
73 MOTION by defendant in 1:95-cv-01878 to extension re: response to plas application for preliminary injunction (former empl) (Entered: 01/22/1996)
74 MINUTE ORDER : by Judge John L. Kane granting motion to extension re: response to plas application for preliminary injunction [73-1] in 1:95cv-01878 to 2/5/96 (cc: all counsel) ; entry date : 1/22/96 (former empl) Modified on 01/10/1997 (Entered: 01/22/1996)
75 Final REPORT by defendant CO Dept Corrections in f Bowwie County Corrections Center conducted on 11/28/95 and 11/29/95 1:95-cv-01878, defendant Bowie Cty Corr Fac in 1:95-cv-01878 (rpt is in black 3 ringed binder) (former empl) Modified on 01/10/1997 (Entered: 01/23/1996)
76 COURTROOM MINUTES by Judge John L. Kane ; status conf and scheduling for preliminary injunction held 1/23/96 , and all previous dateline dates for briefs are vacated and cnsl to file joint status rpt ; status report ddl set for 2/23/96 in 1:95-cv-01878, et al ; entry date : 1/23/96 Court Reporter: Kathy Terasaki (former empl) Modified on 01/10/1997 (Entered: 01/23/1996)
COMPLAINT (former empl) (Entered: 02/14/1996)
COMPLAINT (former empl) (Entered: 02/14/1996)
77 MOTION by plaintiff Edgar Mendez in 1:95-cv-02893 to proceed in forma pauperis (former empl) (Entered: 02/22/1996)
81 MOTION by plaintiff Troy Lamont Fields in 1:95-cv-02013 to amend petition for writ of habeas corpus (lam) Modified on 01/10/1997 (Entered: 02/27/1996)
78 Joint STATUS REPORT by defendant CO Dept Corrections in 1:95-cv01878, defendant Bowie Cty Corr Fac in 1:95-cv-01878 (former empl)

https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?316016454502036-L_280_0-1

11/2/2005

CM/ECF - U.S. District Court:cod - Docket Report

Page 13 of 28

02/23/1996 02/23/1996 02/27/1996 02/27/1996 02/27/1996
03/08/1996 03/14/1996 03/18/1996
03/18/1996 03/20/1996 03/21/1996 03/21/1996
03/21/1996

Modified on 01/10/1997 (Entered: 02/26/1996)
79 STATUS REPORT by plaintiffs in 1:95-cv-01878, et al (former empl) Modified on 01/10/1997 (Entered: 02/26/1996)
80 MOTION by plaintiffs Delbert G. Leggions in 1:95-cv-01878, et al for order appointing expert witness to investigate and testify at trial on issue of constitutionality of conditions of confinement of plas (former empl) Modified on 01/10/1997 (Entered: 02/26/1996)
83 PETITION for Writ of Habeas Corpus by plaintiff Russell J. Vasquez in 1:96-cv-00463 (oral direction from JLK to be filed and added to this case) (former empl) Modified on 03/06/1996 (Entered: 02/27/1996)
84 MOTION by plaintiff Russell J. Vasquez in 1:96-cv-00463 for order for production of documents and service (former empl) Modified on 03/06/1996 (Entered: 02/27/1996)
82 MINUTE ORDER : by Judge John L. Kane setting hearing on motion for order appointing expert witness to investigate and testify at trial on issue of constitutionality of conditions of confinement of plas [80-1] in 1:95cv-01878, et al date : 2/28/96 (gms) Modified on 01/10/1997 (Entered: 02/28/1996)
83 NOTICE by plaintiff Edgar Mendez in 1:95-cv-02893 of plaintiff change of address (former empl) (Entered: 03/08/1996)
84 NOTICE by plaintiff Michael L. Brown in 1:96-cv-00247 of change of address (former empl) (Entered: 03/14/1996)
85 MINUTE ORDER : by Judge John L. Kane denying motion to amend petition for writ of habeas corpus [81-1] in 1:95-cv-01878, denying motion to amend petition for writ of habeas corpus [0-1] in 1:96-cv00005; as case is consolidated with 95-K-1878 (cc: all counsel) ; entry date : 3/19/96 (former empl) (Entered: 03/19/1996)
86 MINUTE ORDER : by Judge John L. Kane denying motion for default judgment against John Anderson, Ari Zavaris [6-1] in 1:95-cv-02366; as case is consolidated with 95-K-1878 (cc: all counsel) ; entry date : 3/20/96 (former empl) (Entered: 03/20/1996)
MOTION by plaintiff Jack Bishop in 1:96-cv-00659 for appointment of counsel (former empl) (Entered: 03/20/1996)
87 MOTION by plaintiffs in 1:95-cv-01878, et al to amend cmp (former empl) Modified on 01/10/1997 (Entered: 03/22/1996)
88 RESPONSE by CO Dept Corrections in 1:95-cv-01878, et al re: motion for order appointing expert witness to investigate and testify at trial on issue of constitutionality of conditions of confinement of plas [80-1] in 1:95-cv-01878, et al (former empl) Modified on 01/10/1997 (Entered: 03/22/1996)
89 SUPPLEMENT by plaintiffs in 1:95-cv-01878, et al re: motion for order

https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?316016454502036-L_280_0-1

11/2/2005

CM/ECF - U.S. District Court:cod - Docket Report

Page 14 of 28

03/22/1996 03/29/1996
03/29/1996 03/29/1996 04/03/1996 04/08/1996 04/08/1996 05/06/1996 05/13/1996
05/14/1996

appointing expert witness to investigate and testify at trial on issue of constitutionality of conditions of confinement of plas [80-1] in 1:95-cv01878 (former empl) Modified on 01/10/1997 (Entered: 03/22/1996)
90 MINUTE ORDER : by Judge John L. Kane granting motion to amend cmp [87-1] in 1:95-cv-01878, et al (cc: all counsel) entry date : 3/25/96 (former empl) Modified on 01/10/1997 (Entered: 03/25/1996)
91 COURTROOM MINUTES by Judge John L. Kane hearing re: motion for order appointing expert witness to investigate and testify at trial on issue of constitutionality of conditions of confinement of plas [80-1]; plf counsel and their experts may examine facilities where CO DOC has inmates; in event of interference, state may receive injunction prohibiting it from kaking pymts to those instittuions; CO shall not pay for inspections; Bowie County not dismissed at this time, but is severed from the rest of these proceedings; plf may file mtn re: Bowie County liability; Bowie County not to be included in inspections; matter set for review in 60 days; Mr. Miller to remain as counsel ; entry date : 4/1/96 Court Reporter: Carol Romero ECR (former empl) Modified on 01/10/1997 (Entered: 04/01/1996)
92 LETTER to court from plaintiff Mark Sublette in 1:95-cv-02187 re: cy of transcripts (former empl) (Entered: 04/01/1996)
93 LETTER to court from plaintiff Frank Allen Hurst in 1:95-cv-02274, and re: plaintiff K. Jeffery Knapp in 1:95-cv-03028 1:95-cv-2225 re: status of action (former empl) (Entered: 04/01/1996)
94 REQUEST by plaintiff John - Simms in 1:95-cv-02764 for status of mtn & copy of complaint (lam) (Entered: 04/05/1996)
95 Letter (Motion) by plaintiff Tony Lee Granaman in 1:95-cv-02158, 1:95cv-02864 to dismiss before Judge John L. Kane (former empl) (Entered: 04/08/1996)
96 ORDER by Judge John L. Kane granting motion to dismiss before Judge John L. Kane [95-1] in 1:95-cv-01878, 1:95-cv-02158, 1:95-cv-02864 dismissing case each party to pay own costs (cc: all counsel) ; entry date : 4/9/96 (former empl) (Entered: 04/09/1996)
97 NOTICE by plaintiff Michael Southern in 1:95-cv-02297 of change of address (former empl) (Entered: 05/06/1996)
98 ORDER by Judge John L. Kane states that if CO Dept Corr fails to permit appropriate video taping and photography, court will not permit State to offer any evidence on same topics as contemplated by plas expert witness nor will the Dept Corr be permitted to cross examine that expert; court will approve a protective order that video and photographs be used only for this case and returned to Dept Corr following use in this case (cc: all counsel) ; entry date : 5/14/96 (former empl) (Entered: 05/14/1996)
99 NOTICE by plaintiff Stephen Joe Espinoza in 1:95-cv-02642 of attorney

https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?316016454502036-L_280_0-1

11/2/2005

CM/ECF - U.S. District Court:cod - Docket Report

Page 15 of 28

05/15/1996 05/21/1996 05/21/1996 05/21/1996 05/23/1996
06/07/1996
06/10/1996 06/10/1996
07/02/1996 07/03/1996 07/08/1996 08/14/1996 08/23/1996 09/03/1996

change of address (former empl) (Entered: 05/15/1996)
100 MOTION by plaintiff Julian Washington in 1:96-cv-01140 for appointment of counsel (former empl) (Entered: 05/15/1996)
101 LETTER to court from joinder Michael Smith (former empl) (Entered: 05/22/1996)
102 Application (MOTION) by plaintiffs in 1:95-cv-02225 for preliminary injunction re: manually dispose raw sewage from KCCC , and request for forthwith hearing (former empl) (Entered: 05/22/1996)
103 MOTION by plaintiff in 1:95-cv-02225 to amend complaint no later than 7/1/96 (former empl) (Entered: 05/22/1996)
104 MINUTE ORDER : by Judge John L. Kane granting motion to amend complaint no later than 7/1/96 [103-1] in 1:95-cv-01878, 1:95-cv-02225, setting hearing on motion for forthwith hearing [102-2] in 1:95-cv-01878, 1:95-cv-02225 9:00 6/7/96 (cc: all counsel) ; entry date : 5/29/96 (former empl) (Entered: 05/29/1996)
105 Stipulation and ORDER by Judge John L. Kane withdrawing motion for preliminary injunction re: manually dispose raw sewage from KCCC [102-1] in 1:95-cv-01878, et al, withdrawing motion for forthwith hearing [102-2] in 1:95-cv-01878, et al. (cc: all counsel) ; entry date : 6/10/96 (former empl) (Entered: 06/10/1996)
106 Motion by plaintiff Loni Richard Lyon in 1:95-cv-02287 to dismiss case before Judge John L. Kane (former empl) (Entered: 06/10/1996)
107 ORDER by Judge John L. Kane granting motion to dismiss case before Judge John L. Kane [106-1] in 1:95-cv-01878, granting motion to dismiss case before Judge John L. Kane [0-1] in 1:95-cv-02287 (cc: all counsel) ; entry date : 6/11/96 (former empl) (Entered: 06/11/1996)
108 LETTER to Steven Black, Esq. from John Judge Kane Jr. in 1:95-cv01878 requesting response to attached letter signed by several inmates in a Texas institution (lam) (Entered: 07/05/1996)
109 LETTER to to Steven Black from John Judge Kane Jr. in 1:95-cv-01878 providing copy of a ltr from Kevin Hamblin incarcerated in a TX institutuion (lam) (Entered: 07/05/1996)
110 LETTER to Mr. Black from Clerk of Court in 1:95-cv-01878 re: ltrs rec's from Mr. Adams and Mr. Preuss (former empl) (Entered: 07/11/1996)
111 MOTION by plaintiffs in 1:95-cv-01878, et al for order forcing Holland & Hart to keep plas advised of status of case (docket sheet mailed 8/14/96) (former empl) (Entered: 08/16/1996)
112 NOTICE by plaintiff Mark Sublette in 1:95-cv-02187 of change of address (former empl) (Entered: 08/23/1996)
113 LETTER to court from Richard W. Kohrumel in 1:95-cv-01878 (former empl) (Entered: 09/03/1996)

https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?316016454502036-L_280_0-1

11/2/2005

CM/ECF - U.S. District Court:cod - Docket Report

Page 16 of 28

09/11/1996 09/12/1996 09/13/1996
09/13/1996
09/30/1996 10/15/1996 10/17/1996
10/22/1996
12/06/1996 12/20/1996
12/20/1996 01/17/1997 01/21/1997 02/26/1997

114 AMENDED COMPLAINT [2-1] in 1:95-cv-02859 by plaintiff David J. Crosby in 1:95-cv-02859 (former empl) (Entered: 09/12/1996)
117 LETTER to court from Richard W. Kohzumel, Jr. (former empl) (Entered: 09/23/1996)
115 MINUTE ORDER : by Judge John L. Kane striking amended complaint [114-1] in 1:95-cv-01878, 1:95-cv-02859 pla may deal with this ct in this action only through cnsl of record (cc: all counsel) entry date : 9/16/96 (former empl) (Entered: 09/16/1996)
116 MINUTE ORDER : by Judge John L. Kane denying motion to file amended complaint adding add'l causes [5-1] in 1:95-cv-02187 motions must be filed by cnsl of record (cc: all counsel) ; entry date : 9/16/96 (former empl) (Entered: 09/16/1996)
118 MINUTE ORDER : by Judge John L. Kane ; status report ddl set for 10/15/96 in 1:95-cv-01878, in 1:95-cv-02859 (cc: all counsel) ; entry date : 10/3/96 (former empl) (Entered: 10/03/1996)
119 STATUS REPORT by plaintiff in 1:95-cv-01878, et al (former empl) (Entered: 10/16/1996)
120 MINUTE ORDER : by Judge John L. Kane ; rule 16 conference set for 8:30 12/20/96 in 1:95-cv-01878, et al parties to submit stip sched disc order by 12/13/96 (cc: all counsel) ; entry date : 10/18/96 (former empl) Modified on 10/18/1996 (Entered: 10/18/1996)
121 MINUTE ORDER : by Judge John L. Kane mot for interlocutory injunction filed 2/8/96 in action 96-K-294 is denied as moot as case is consolidated with 95-K-1878 (cc: all counsel) ; entry date : 10/24/96 (former empl) (Entered: 10/24/1996)
122 LETTER to court from plaintiff Delbert G. Leggions in 1:95-cv-01878 re: status of action (former empl) (Entered: 12/09/1996)
123 COURTROOM MINUTES by Judge John L. Kane ; rule 16 conf held on 12/20/96 cnsl may submit proto on personnel files; cnsl have 30 days to file amndd cmp, mtns due w/in 20 days after that w/incorporated authorities or w/br; brs may be filed on all mtns, opp pty has 20 days from date of filing to respond and movant 10 days after to rply ; entry date : 12/26/96 (former empl) (Entered: 12/26/1996)
124 TRANSCRIPT of proceedings of Scheduling Conference 12/20/96 before Judge John L. Kane, Jr. ( 1-21 pages) Prepared By: FedRpting Service, Inc. (former empl) (Entered: 12/30/1996)
125 Position on pending individual monetary pro se filings (STATEMENT) by defendants in 1:95-cv-01878, et al re: minutes [123-2] (former empl) (Entered: 01/22/1997)
126 Second AMENDED COMPLAINT (former empl) (Entered: 01/24/1997)
127 WAIVER OF SERVICE of Summons and Complaint upon defendant

https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?316016454502036-L_280_0-1

11/2/2005

CM/ECF - U.S. District Court:cod - Docket Report

Page 17 of 28

02/26/1997 02/26/1997 02/28/1997 03/05/1997 03/11/1997 03/17/1997 03/19/1997

Karnes County, Texas in 1:95-cv-01878 , et al on 2/21/97 signed by Tony Schaffer, Esq. (former empl) (Entered: 02/27/1997)
128 WAIVER OF SERVICE of Summons and Complaint upon defendant BRG Holding, Inc. in 1:95-cv-01878, et al on 2/21/97 signed by Tony Schaffer, Esq. (former empl) (Entered: 02/28/1997)
129 WAIVER OF SERVICE of Summons and Complaint upon defendant Rod Ellis in 1:95-cv-01878 on 2/21/97 signed by Tony Schaffer, Esq. (former empl) (Entered: 02/28/1997)
130 STATUS REPORT by plaintiffs in 1:95-cv-01878, et al re: Bowie Cty jail Fee application (former empl) (Entered: 03/03/1997)
131 NOTICE by plaintiff Ronald Edward Ebel in 1:96-cv-00185 of change of address (former empl) (Entered: 03/06/1997)
132 LETTER to court from plaintiff Bill Erickson in 1:95-cv-01878, 1:95-cv01913 (former empl) (Entered: 03/12/1997)
133 MOTION by defendants in 1:95-cv-01878, et al to extend time to respond to second amd cmp to 4/30/97 (former empl) (Entered: 03/18/1997)
134 MINUTE ORDER : by Judge John L. Kane granting motion to extend time to respond to second amd cmp to 4/30/97 [133-1] in 1:95-cv-01878, 1:95-cv-01896, 1:95-cv-01897, 1:95-cv-01898, 1:95-cv-01899, 1:95-cv01900, 1:95-cv-01901, 1:95-cv-01902, 1:95-cv-01903, 1:95-cv-01904, 1:95-cv-01905, 1:95-cv-01906, 1:95-cv-01907, 1:95-cv-01908, 1:95-cv01909, 1:95-cv-01910, 1:95-cv-01911, 1:95-cv-01912, 1:95-cv-01913, 1:95-cv-01914, 1:95-cv-01915, 1:95-cv-01916, 1:95-cv-01917, 1:95-cv01918, 1:95-cv-01919, 1:95-cv-01920, 1:95-cv-01921, 1:95-cv-01963, 1:95-cv-01964, 1:95-cv-02012, 1:95-cv-02013, 1:95-cv-02016, 1:95-cv02017, 1:95-cv-02024, 1:95-cv-02046, 1:95-cv-02047, 1:95-cv-02060, 1:95-cv-02131, 1:95-cv-02132, 1:95-cv-02133, 1:95-cv-02158, 1:95-cv02159, 1:95-cv-02160, 1:95-cv-02174, 1:95-cv-02175, 1:95-cv-02176, 1:95-cv-02177, 1:95-cv-02186, 1:95-cv-02187, 1:95-cv-02188, 1:95-cv02189, 1:95-cv-02206, 1:95-cv-02207, 1:95-cv-02208, 1:95-cv-02224, 1:95-cv-02225, 1:95-cv-02226, 1:95-cv-02235, 1:95-cv-02243, 1:95-cv02244, 1:95-cv-02245, 1:95-cv-02246, 1:95-cv-02274, 1:95-cv-02280, 1:95-cv-02281, 1:95-cv-02285, 1:95-cv-02286, 1:95-cv-02287, 1:95-cv02291, 1:95-cv-02292, 1:95-cv-02293, 1:95-cv-02295, 1:95-cv-02296, 1:95-cv-02297, 1:95-cv-02366, 1:95-cv-02408, 1:95-cv-02409, 1:95-cv02411, 1:95-cv-02412, 1:95-cv-02435, 1:95-cv-02436, 1:95-cv-02437, 1:95-cv-02475, 1:95-cv-02487, 1:95-cv-02488, 1:95-cv-02489, 1:95-cv02490, 1:95-cv-02491, 1:95-cv-02492, 1:95-cv-02493, 1:95-cv-02494, 1:95-cv-02495, 1:95-cv-02496, 1:95-cv-02497, 1:95-cv-02498, 1:95-cv02499, 1:95-cv-02500, 1:95-cv-02501, 1:95-cv-02516, 1:95-cv-02517, 1:95-cv-02534, 1:95-cv-02535, 1:95-cv-02536, 1:95-cv-02537, 1:95-cv02584, 1:95-cv-02590, 1:95-cv-02642, 1:95-cv-02692, 1:95-cv-02704, 1:95-cv-02705, 1:95-cv-02748, 1:95-cv-02764, 1:95-cv-02765, 1:95-cv02766, 1:95-cv-02771, 1:95-cv-02772, 1:95-cv-02789, 1:95-cv-02809,

https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?316016454502036-L_280_0-1

11/2/2005

CM/ECF - U.S. District Court:cod - Docket Report

Page 18 of 28

03/24/1997 04/02/1997 04/07/1997
04/07/1997 04/08/1997 04/11/1997 04/18/1997 04/24/1997 04/25/1997 04/28/1997 04/29/1997 04/29/1997
04/30/1997

1:95-cv-02815, 1:95-cv-02858, 1:95-cv-02859, 1:95-cv-02864, 1:95-cv02865, 1:95-cv-02893, 1:95-cv-02972, 1:95-cv-03027, 1:95-cv-03028, 1:95-cv-03092, 1:95-cv-03093, 1:95-cv-03118, 1:95-cv-03119, 1:95-cv03238, 1:95-cv-03239, 1:96-cv-00005, 1:96-cv-00034, 1:96-cv-00110, 1:96-cv-00111, 1:96-cv-00112, 1:96-cv-00156, 1:96-cv-00184, 1:96-cv00185, 1:96-cv-00186, 1:96-cv-00247, 1:96-cv-00248, 1:96-cv-00294, 1:96-cv-00355, 1:96-cv-00356, 1:96-cv-00463, 1:96-cv-00659, 1:96-cv00660, 1:96-cv-01140, 1:96-cv-01141, 1:96-cv-01142, 1:96-cv-02059 (cc: all counsel) ; entry date : 3/20/97 (gms) (Entered: 03/20/1997)
135 NOTICE by plaintiff David J. Crosby in 1:95-cv-02245 of his change of address (gms) (Entered: 03/25/1997)
136 MOTION by plaintiff Michael Southern in 1:95-cv-02297 for appointment of counsel (former empl) (Entered: 04/02/1997)
137 MINUTE ORDER : by Judge John L. Kane denying motion for appointment of counsel [136-1] in 1:95-cv-01878, 1:95-cv-02297 as case is consolidated with 95-K-1878 and pla is represented by cnsl (cc: all counsel) ; entry date : 4/7/97 (former empl) (Entered: 04/07/1997)
138 LETTER to court from plaintiff Ernest Dominguez in 1:95-cv-01914 re: status of case (former empl) (Entered: 04/08/1997)
Tendered First Amd Cmp submitted by plaintiff Anthony Ray Holloway in 1:95-cv-01912 (former empl) (Entered: 04/08/1997)
139 MOTION by plaintiff Delbert G. Leggions in 1:95-cv-01878 for appointment of counsel (former empl) (Entered: 04/14/1997)
140 NOTICE by plaintiff Aaron Palmer in 1:95-cv-02409 of change of address (former empl) (Entered: 04/22/1997)
141 AMENDED COMPLAINT [2-1] in 1:95-cv-02859 by plaintiff David J. Crosby in 1:95-cv-02859 (former empl) (Entered: 04/25/1997)
142 First AMENDED COMPLAINT by plaintiff Anthony Ray Holloway in 1:95-cv-01912 (former empl) (Entered: 04/28/1997)
143 MINUTE ORDER : by Judge John L. Kane striking complaint [142-1] in 1:95-cv-01878, et al (cc: all counsel) ; entry date : 4/28/97 (former empl) (Entered: 04/28/1997)
144 Additional Request (MOTION) by defendants in 1:95-cv-01878, et al to extend time to respond to second amd cmp to 5/16/97 (former empl) (Entered: 04/30/1997)
145 Request (MOTION) by plaintiff Ruben Valadez in 1:95-cv-01896 and all other cases to dismiss or withdraw from class action , and to amend cmp , and for order to proceed seperate from class action (former empl) (Entered: 05/01/1997)
146 ORDER stlmt referred to Magistrate Judge O. E. Schlatter ; by Judge John L. Kane (cc: to counsel) (former empl) (Entered: 05/01/1997)

https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?316016454502036-L_280_0-1

11/2/2005

CM/ECF - U.S. District Court:cod - Docket Report

Page 19 of 28

04/30/1997 05/15/1997 05/16/1997 05/30/1997 06/16/1997 06/17/1997 06/17/1997 06/18/1997 06/27/1997
07/01/1997
07/01/1997

147 MINUTE ORDER : by Judge John L. Kane granting motion to extend time to respond to second amd cmp to 5/16/97 [144-1] in 1:95-cv-01878, et al (cc: all counsel) ; entry date : 5/1/97 (former empl) (Entered: 05/01/1997)
148 ANSWER by defendant Karnes County, Texas in 1:95-cv-01878, et al re: second amd complaint [126-1] in 1:95-cv-01878, et al (former empl) (Entered: 05/27/1997)
149 ANSWER by defendant Roy S. Romer in 1:95-cv-01878, et al and Aristedes Zavaras in 1:95-cv-01878, et al (former empl) (Entered: 05/28/1997)
150 LETTER from court to cnsl advising of LR 83.5 (sent local rules and application) (former empl) (Entered: 05/30/1997)
151 Request (MOTION) by plaintiffs in 1:95-cv-01878, et al for status conf (former empl) (Entered: 06/17/1997)
152 MINUTE ORDER : by Judge John L. Kane granting motion for status conf [151-1] in 1:95-cv-01878, et al ; status conf set for 9:30 6/27/97 in 1:95-cv-01878, et al (cc: all counsel) ; entry date : 6/17/97 (former empl) (Entered: 06/17/1997)
153 MOTION by plaintiffs in 1:95-cv-01878, et al for expediated trial of issues re: adequacy of med care (former empl) (Entered: 06/18/1997)
154 MINUTE ORDER : by Judge John L. Kane setting hearing on motion for expediated trial of issues re: adequacy of med care [153-1] in 1:95-cv01878, et al for 6/27/97 at 9:30 am at status conf (cc: all counsel) ; entry date : 6/19/97 (former empl) (Entered: 06/19/1997)
155 COURTROOM MINUTES by Judge John L. Kane ; status conf held 6/27/97 ; cnsl referred to mag for stlmt, ct to schedule fairness hrg for stlmt issues, if not settled trial will be in Feb on adequacy of med care, entry date : 6/30/97 Court Reporter: Claar (former empl) (Entered: 06/30/1997)
156 ANSWER by defendant BRG Holding, Inc. in 1:95-cv-01878, 1:95-cv01896, 1:95-cv-01897, 1:95-cv-01898, 1:95-cv-01899, 1:95-cv-01900, 1:95-cv-01901, 1:95-cv-01902, 1:95-cv-01903, 1:95-cv-01904, 1:95-cv01905, 1:95-cv-01906, 1:95-cv-01907, 1:95-cv-01908, 1:95-cv-01909, 1:95-cv-01910, 1:95-cv-01911, 1:95-cv-01912, 1:95-cv-01913, 1:95-cv01914, 1:95-cv-01915 to second amd complaint [126-1] in 1:95-cv01878 (former empl) (Entered: 07/08/1997)
ANSWER by defendant BRG Holding, Inc. in 1:95-cv-01878, 1:95-cv01916, 1:95-cv-01917, 1:95-cv-01918, 1:95-cv-01919, 1:95-cv-01920, 1:95-cv-01921, 1:95-cv-01963, 1:95-cv-01964, 1:95-cv-02012, 1:95-cv02013, 1:95-cv-02016, 1:95-cv-02017, 1:95-cv-02024, 1:95-cv-02046, 1:95-cv-02047, 1:95-cv-02060, 1:95-cv-02131, 1:95-cv-02132, 1:95-cv02133, 1:95-cv-02158, 1:95-cv-02159, 1:95-cv-02160 re: second amd complaint [126-1] in 1:95-cv-01878 (former empl) (Entered: 07/08/1997)

https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?316016454502036-L_280_0-1

11/2/2005

CM/ECF - U.S. District Court:cod - Docket Report

Page 20 of 28

07/01/1997 07/01/1997 07/01/1997 07/01/1997 07/01/1997 07/01/1997

ANSWER by defendant BRG Holding, Inc. in 1:95-cv-01878, 1:95-cv02174, 1:95-cv-02175, 1:95-cv-02176, 1:95-cv-02177, 1:95-cv-02186, 1:95-cv-02187, 1:95-cv-02188, 1:95-cv-02189, 1:95-cv-02206, 1:95-cv02207, 1:95-cv-02208, 1:95-cv-02224, 1:95-cv-02225, 1:95-cv-02226, 1:95-cv-02235, 1:95-cv-02243, 1:95-cv-02244, 1:95-cv-02245, 1:95-cv02246, 1:95-cv-02274, 1:95-cv-02280 to second amd complaint [126-1] in 1:95-cv-01878 (former empl) (Entered: 07/08/1997)
ANSWER by defendant BRG Holding, Inc. in 1:95-cv-01878, 1:95-cv02281, 1:95-cv-02285, 1:95-cv-02286, 1:95-cv-02287, 1:95-cv-02291, 1:95-cv-02292, 1:95-cv-02293, 1:95-cv-02295, 1:95-cv-02296, 1:95-cv02297, 1:95-cv-02366, 1:95-cv-02408, 1:95-cv-02409, 1:95-cv-02411, 1:95-cv-02412, 1:95-cv-02435, 1:95-cv-02436, 1:95-cv-02437, 1:95-cv02475, 1:95-cv-02487, 1:95-cv-02488 to second amd complaint [126-1] in 1:95-cv-01878 (former empl) (Entered: 07/08/1997)
ANSWER by defendant BRG Holding, Inc. in 1:95-cv-01878, 1:95-cv02489, 1:95-cv-02490, 1:95-cv-02491, 1:95-cv-02492, 1:95-cv-02493, 1:95-cv-02494, 1:95-cv-02495, 1:95-cv-02496, 1:95-cv-02497, 1:95-cv02498, 1:95-cv-02499, 1:95-cv-02500, 1:95-cv-02501, 1:95-cv-02516, 1:95-cv-02517, 1:95-cv-02534, 1:95-cv-02535, 1:95-cv-02536, 1:95-cv02537, 1:95-cv-02584, 1:95-cv-02590 to second amd complaint [126-1] in 1:95-cv-01878 (former empl) (Entered: 07/08/1997)
ANSWER by defendant BRG Holding, Inc. in 1:95-cv-01878, 1:95-cv02642, 1:95-cv-02692, 1:95-cv-02704, 1:95-cv-02705, 1:95-cv-02748, 1:95-cv-02764, 1:95-cv-02765, 1:95-cv-02766, 1:95-cv-02771, 1:95-cv02772, 1:95-cv-02789, 1:95-cv-02809, 1:95-cv-02815, 1:95-cv-02858, 1:95-cv-02859, 1:95-cv-02864, 1:95-cv-02865, 1:95-cv-02893, 1:95-cv02972, 1:95-cv-03027, 1:95-cv-03028 to second amd complaint [126-1] in 1:95-cv-01878 (former empl) (Entered: 07/08/1997)
ANSWER by defendant BRG Holding, Inc. in 1:95-cv-01878, 1:95-cv03092, 1:95-cv-03093, 1:95-cv-03118, 1:95-cv-03119, 1:95-cv-03238, 1:95-cv-03239, 1:96-cv-00005, 1:96-cv-00034, 1:96-cv-00110, 1:96-cv00111, 1:96-cv-00112, 1:96-cv-00156, 1:96-cv-00184, 1:96-cv-00185, 1:96-cv-00186, 1:96-cv-00247, 1:96-cv-00248, 1:96-cv-00294, 1:96-cv00355, 1:96-cv-00356, 1:96-cv-00463, 1:96-cv-00659, 1:96-cv-00660, 1:96-cv-01140, 1:96-cv-01141, 1:96-cv-01142, 1:96-cv-02059 to second amd complaint [126-1] in 1:95-cv-01878 (former empl) (Entered: 07/08/1997)
157 ANSWER by defendant Rod Ellis in 1:95-cv-01878, 1:95-cv-01896, 1:95-cv-01897, 1:95-cv-01898, 1:95-cv-01899, 1:95-cv-01900, 1:95-cv01901, 1:95-cv-01902, 1:95-cv-01903, 1:95-cv-01904, 1:95-cv-01905, 1:95-cv-01906, 1:95-cv-01907, 1:95-cv-01908, 1:95-cv-01909, 1:95-cv01910, 1:95-cv-01911, 1:95-cv-01912, 1:95-cv-01913, 1:95-cv-01914, 1:95-cv-01915, 1:95-cv-01916, 1:95-cv-01917, 1:95-cv-01918, 1:95-cv01919, 1:95-cv-01920, 1:95-cv-01921, 1:95-cv-01963, 1:95-cv-01964 to second amd complaint [126-1] in 1:95-cv-01878 (former empl) (Entered: 07/08/1997)

https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?316016454502036-L_280_0-1

11/2/2005

CM/ECF - U.S. District Court:cod - Docket Report

Page 21 of 28

07/01/1997
07/01/1997
07/01/1997
07/01/1997 07/01/1997 07/01/1997 07/02/1997

ANSWER by defendant Rod Ellis in 1:95-cv-01878, 1:95-cv-02012, 1:95-cv-02013, 1:95-cv-02016, 1:95-cv-02017, 1:95-cv-02024, 1:95-cv02046, 1:95-cv-02047, 1:95-cv-02060, 1:95-cv-02131, 1:95-cv-02132, 1:95-cv-02133, 1:95-cv-02158, 1:95-cv-02159, 1:95-cv-02160, 1:95-cv02174, 1:95-cv-02175, 1:95-cv-02176, 1:95-cv-02177, 1:95-cv-02186, 1:95-cv-02187, 1:95-cv-02188, 1:95-cv-02189, 1:95-cv-02206, 1:95-cv02207, 1:95-cv-02208, 1:95-cv-02224, 1:95-cv-02225, 1:95-cv-02226 to second amd complaint [126-1] in 1:95-cv-01878 (former empl) (Entered: 07/08/1997)
ANSWER by defendant Rod Ellis in 1:95-cv-01878, 1:95-cv-02235, 1:95-cv-02243, 1:95-cv-02244, 1:95-cv-02245, 1:95-cv-02246, 1:95-cv02274, 1:95-cv-02280, 1:95-cv-02281, 1:95-cv-02285, 1:95-cv-02286, 1:95-cv-02287, 1:95-cv-02291, 1:95-cv-02292, 1:95-cv-02293, 1:95-cv02295, 1:95-cv-02296, 1:95-cv-02297, 1:95-cv-02366, 1:95-cv-02408, 1:95-cv-02409, 1:95-cv-02411, 1:95-cv-02412, 1:95-cv-02435, 1:95-cv02436, 1:95-cv-02437, 1:95-cv-02475, 1:95-cv-02487, 1:95-cv-02488 to second amd complaint [126-1] in 1:95-cv-01878 (former empl) (Entered: 07/08/1997)
ANSWER by defendant Rod Ellis in 1:95-cv-01878, 1:95-cv-02489, 1:95-cv-02490, 1:95-cv-02491, 1:95-cv-02492, 1:95-cv-02493, 1:95-cv02494, 1:95-cv-02495, 1:95-cv-02496, 1:95-cv-02497, 1:95-cv-02498, 1:95-cv-02499, 1:95-cv-02500, 1:95-cv-02501, 1:95-cv-02516, 1:95-cv02517, 1:95-cv-02534, 1:95-cv-02535, 1:95-cv-02536, 1:95-cv-02537, 1:95-cv-02584, 1:95-cv-02590, 1:95-cv-02642, 1:95-cv-02692, 1:95-cv02704, 1:95-cv-02705, 1:95-cv-02748, 1:95-cv-02764, 1:95-cv-02765 to second amd complaint [126-1] in 1:95-cv-01878 (former empl) (Entered: 07/08/1997)
ANSWER by defendant Rod Ellis in 1:95-cv-01878, 1:95-cv-02766, 1:95-cv-02771, 1:95-cv-02772, 1:95-cv-02789, 1:95-cv-02809, 1:95-cv02815, 1:95-cv-02858, 1:95-cv-02859, 1:95-cv-02864, 1:95-cv-02865, 1:95-cv-02893, 1:95-cv-02972, 1:95-cv-03027, 1:95-cv-03028, 1:95-cv03092, 1:95-cv-03093, 1:95-cv-03118, 1:95-cv-03119, 1:95-cv-03238, 1:95-cv-03239, 1:96-cv-00005 to second amd complaint [126-1] in 1:95cv-01878 (former empl) (Entered: 07/08/1997)
ANSWER by defendant Rod Ellis in 1:95-cv-01878, 1:96-cv-00034, 1:96-cv-00110, 1:96-cv-00111, 1:96-cv-00112, 1:96-cv-00156, 1:96-cv00184, 1:96-cv-00185, 1:96-cv-00186, 1:96-cv-00247, 1:96-cv-00248, 1:96-cv-00294, 1:96-cv-00355, 1:96-cv-00356, 1:96-cv-00463, 1:96-cv00659, 1:96-cv-00660, 1:96-cv-01140, 1:96-cv-01141, 1:96-cv-01142, 1:96-cv-02059 to second amd complaint [126-1] in 1:95-cv-01878 (former empl) (Entered: 07/08/1997)
158 TRANSCRIPT of proceedings of 6/27/97 at 9:30 am before Judge Kane ( 1-28 pages) Prepared By: Claar (former empl) (Entered: 07/08/1997)
159 MINUTE ORDER : by Magistrate Judge O. E. Schlatter ; settlement conf set for 3:00 7/16/97 in 1:95-cv-01878, et al (cc: all counsel) ; entry date : 7/8/97 (former empl) (Entered: 07/08/1997)

https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?316016454502036-L_280_0-1

11/2/2005

CM/ECF - U.S. District Court:cod - Docket Report

Page 22 of 28

07/10/1997 07/15/1997 07/24/1997 07/25/1997 07/28/1997 07/28/1997 08/05/1997 08/05/1997
08/08/1997 08/08/1997
09/02/1997 09/05/1997 09/05/1997
09/08/1997 09/09/1997

160 LETTER from court to cnsl Tony L. Schaffer re: admission to bar (former empl) (Entered: 07/17/1997)
161 LETTER to court from plaintiff John B. Bowring in 1:95-cv-01919 re: status and change of address (docket sheet sent) (former empl) (Entered: 07/17/1997)
164 MOTION by Theodore Benglen in 1:96-cv-02059 for appointment of counsel (former empl) (Entered: 07/28/1997)
165 MINUTE ORDER : by Judge John L. Kane denying motion for appointment of counsel [164-1] in 1:95-cv-01878, et al date : 7/28/97 (former empl) (Entered: 07/28/1997)
162 LETTER to court from Troy Lamont Fields in 1:95-cv-02013 re: status (former empl) (Entered: 07/28/1997)
163 LETTER to court from Troy Lamont Fields in 1:96-cv-00005 (former empl) (Entered: 07/28/1997)
166 MOTION by plaintiff Lee G. Austin, J.R. in 1:95-cv-01878, et al for permissive joinder of parties (former empl) (Entered: 08/06/1997)
167 MINUTE ORDER : by Judge John L. Kane striking motion for permissive joinder of parties [166-1] in 1:95-cv-01878, et al, mtns will only be accepted from cnsl (cc: all counsel) ; entry date : 8/6/97 (former empl) (Entered: 08/06/1997)
168 MOTION for permission joinder of parties from Willie J. Rupert, Jr. (former empl) (Entered: 08/11/1997)
169 MINUTE ORDER : by Judge John L. Kane striking motion for permission joinder of parties from Willie J. Rupert, Jr. [168-1] in 1:95cv-01878, et al (cc: all counsel) ; entry date : 8/11/97 (former empl) (Entered: 08/11/1997)
170 MOTION by plaintiffs in 1:95-cv-01878, et al for order to end consolidation of separate cases , and to to clarify representative role of plas' cnsl (former empl) (Entered: 09/05/1997)
171 NOTICE by plaintiff in 1:95-cv-01878 of change of address (former empl) (Entered: 09/09/1997)
172 MINUTE ORDER : by Judge John L. Kane setting hearing on motion for order to end consolidation of separate cases [170-1] in 1:95-cv-01878, et al 9:00 9/23/97 in 1:95-cv-01878, et al setting hearing on motion to clarify representative role of plas' cnsl [170-2] in 1:95-cv-01878, et al at 9:00 am on 9/23/97 (cc: all counsel) ; entry date : 9/9/97 (former empl) (Entered: 09/09/1997)
173 MOTION by plaintiffs in 1:95-cv-01878, et al for order of notification of plaintiff (former empl) (Entered: 09/09/1997)
174 MINUTE ORDER : by Judge John L. Kane striking motion for order of notification of plaintiff [173-1] in 1:95-cv-01878, et al ct will accept

https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?316016454502036-L_280_0-1

11/2/2005

CM/ECF - U.S. District Court:cod - Docket Report

Page 23 of 28

09/10/1997 09/11/1997 09/19/1997 09/23/1997
09/24/1997 09/30/1997
10/10/1997 10/28/1997 10/28/1997 10/30/1997 10/30/1997 10/30/1997 10/30/1997

filings from cnsl of record only (cc: all counsel) ; entry date : 9/12/97 (former empl) (Entered: 09/12/1997)
175 Petition (MOTION) by plaintiff Delbert G. Leggions in 1:95-cv-01878 for order for notification to plaintiff (former empl) (Entered: 09/12/1997)
176 MINUTE ORDER : by Judge John L. Kane striking motion for order for notification to plaintiff [175-1] in 1:95-cv-01878, et al (cc: all counsel) ; entry date : 9/12/97 (former empl) (Entered: 09/12/1997)
178 NOTICE by plaintiff Stephen Joe Espinoza in 1:95-cv-02642 of change of address (former empl) (Entered: 09/29/1997)
177 COURTROOM MINUTES by Judge John L. Kane granting motion for order to end consolidation of separate cases [170-1] in 1:95-cv-01878, et al granting motion to clarify representative role of plas' cnsl [170-2] in 1:95-cv-01878, et al (former empl) (Entered: 09/23/1997)
179 Letter re: Addendum (STATEMENT) from J. Montague (former empl) (Entered: 09/29/1997)
180 ORDER by Judge John L. Kane granting motion for order to end consolidation of separate cases [170-1] granting motion to clarify representative role of plas' cnsl [170-2] in 1:95-cv-01878, et al, 95-K1878 is certified as class action, plas in each of 150 actions are specifically instructed that cnsl in 95-K-1878 represent them solely as members of certified class for equitable relief and of the 150 plas are specifically instruted that these duplicative claims are dismissed and only individual actions will be 57 actions where plas seek monetary relief, 93 individual actions in Appendix A are dismissed, clk of ct shall deem these cases closed, 57 individual damage actions listed in Appendix B are referred to Magistrate Judge Borchers to serve as special master dismissing cases (cc: all counsel) ; entry date : 9/30/97 (former empl) (Entered: 09/30/1997)
181 LETTER to court from Michael Southern re: status in case no. 95-K2297 (former empl) (Entered: 10/23/1997)
MAIL Returned order [180-2] [180-2] addressed to Anthony L. Martinez (former empl) (Entered: 10/28/1997)
MAIL Returned order [180-2] [180-2] addressed to Gilberto Sanchez (former empl) (Entered: 10/28/1997)
MAIL Returned order [180-2] [180-2] addressed to Bobby Cloud (San Luis Valley, Comcor) (former empl) (Entered: 10/30/1997)
MAIL Returned order [180-2] [180-2] addressed to Dennis Pennington (former empl) (Entered: 10/30/1997)
MAIL Returned order [180-2] [180-2] addressed to Gerald A. Haas (former empl) (Entered: 10/30/1997)
MAIL Returned order [180-2] [180-2] addressed to Grant L. Woldruff

https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?316016454502036-L_280_0-1

11/2/2005

CM/ECF - U.S. District Court:cod - Docket Report

Page 24 of 28

10/30/1997 10/30/1997 10/30/1997 10/30/1997 10/30/1997 10/30/1997 10/30/1997 10/30/1997 11/13/1997
11/19/1997 11/21/1997 11/21/1997 11/24/1997 11/24/1997
11/24/1997
11/25/1997

(former empl) (Entered: 10/30/1997)
MAIL Returned order [180-2] [180-2] addressed to Darryl D. Brosa (former empl) (Entered: 10/30/1997)
MAIL Returned order [180-2] [180-2] addressed to Travis F. Banks (Parole) (former empl) (Entered: 10/30/1997)
MAIL Returned order [180-2] [180-2] addressed to Wade A. Nix (parole) (former empl) (Entered: 10/30/1997)
MAIL Returned order [180-2] [180-2] addressed to Danny Aguirre (Grly/AB/NC) (former empl) (Entered: 10/30/1997)
MAIL Returned order [180-2] [180-2] addressed to Ruben Valadez (Parole) (former empl) (Entered: 10/30/1997)
MAIL Returned order [180-2] [180-2] addressed to Anthony L. Martinez (parole) (former empl) (Entered: 10/30/1997)
MAIL Returned order [180-2] [180-2] addressed to John E. Gates (parole) (former empl) (Entered: 10/30/1997)
182 MOTION for order for exclusion from civil cause of action (former empl) (Entered: 10/30/1997)
183 Recommendation of United States Magistrate Judge (STATEMENT) Richard B. Borchers that the Ct grant motion for order for exclusion from civil cause of action by Jurgen Michael Bohnke [182-1] and exclude him from any other action in this case (former empl) (Entered: 11/18/1997)
192 LETTER to court from Nelson Robinson re status (former empl) (Entered: 12/01/1997)
184 MOTION by Frank Anthony Gomezz (non-party) for exclusion from action (former empl) (Entered: 11/21/1997)
185 JOINDER by Marty Leon Atencio in mtn for order for exclusion from civil cause of action [182-1] (former empl) (Entered: 11/21/1997)
186 MOTION by William T. Arnold for exclusion from civil cause of action (former empl) (Entered: 11/24/1997)
187 MAGISTRATE'S RECOMMENDATION mtn for exclusion filed by Frank Gomezz be granted by Magistrate Judge Richard M. Borchers concerning motion for exclusion from action [184-1] (cc: all counsel) ; entry date : 11/28/97 (former empl) (Entered: 11/28/1997)
188 MAGISTRATE'S RECOMMENDATION mtn for exclusion filed by Marty Atencio be granted by Magistrate Judge Richard M. Borchers concerning motion for order for exclusion from civil cause of action [182-1] (cc: all counsel) ; entry date : 11/28/97 (former empl) (Entered: 11/28/1997)
190 MAGISTRATE'S RECOMMENDATION mtn for exclusion filed by

https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?316016454502036-L_280_0-1

11/2/2005

CM/ECF - U.S. District Court:cod - Docket Report

Page 25 of 28

11/26/1997 11/26/1997 11/28/1997 11/28/1997 12/01/1997 12/03/1997 12/10/1997 12/10/1997 12/10/1997 12/12/1997 12/15/1997 12/17/1997

Arnold be granted by Magistrate Judge Richard M. Borchers concerning motion for exclusion from civil cause of action [186-1] (cc: all counsel) ; entry date : 11/28/97 (former empl) (Entered: 11/28/1997)
189 MAGISTRATE'S RECOMMENDATION mtn for exclusion filed by Diehl and French be granted by Magistrate Judge Richard M. Borchers (cc: all counsel) ; entry date : 11/28/97 (former empl) (Entered: 11/28/1997)
191 ORDER by Judge John L. Kane adopting [183-1] Magistrate's Recommendation that Jurgen Michael Boynke's mtn for exclusion from civil cause of action [182-1] be granted (cc: all counsel); entry date: 12/1/97 (former empl) (Entered: 12/01/1997)
MAIL Returned: order [180-2] addressed to Ricardo Martinez (former empl) (Entered: 12/01/1997)
MAIL Returned: order [180-2] addressed to Steve Hill (former empl) (Entered: 12/01/1997)
193 MOTION by Cory Andrew Morrison for exclusion from civil cause of action (former empl) (Entered: 12/02/1997)
194 MAGISTRATE'S RECOMMENDATION that mtn by Cory Andrew Morrison for exclusion from case [193-1] be granted by Magistrate Judge Richard M. Borchers (cc: all counsel); entry date: 12/4/97 (former empl) (Entered: 12/04/1997)
195 ORDER by Judge John L. Kane adopting [190-1] Magistrate's Recommendation granting motion for exclusion from civil cause of action [186-1]; William T. Arnold's cmp is dism (cc: all counsel) ; entry date : 12/11/97 (former empl) (Entered: 12/11/1997)
196 ORDER by Judge John L. Kane adopting [188-1] Magistrate's Recommendation re [185-1] joinder in [182-1] mtn for order for exclusion from civil cause of action; Marty Leon Atencio's cmp dism (cc: all counsel); entry date: 12/11/97 (former empl) (Entered: 12/11/1997)
197 ORDER by Judge John L. Kane adopting [187-1] Magistrate's Recommendation granting mtn for exclusion from action [184-1]; Frank Anthony Gomezz's cmp dism (cc: all counsel); entry date: 12/11/97 (former empl) (Entered: 12/11/1997)
198 ORDER by Judge John L. Kane adopting [189-1] Magistrate's Recommendation terminating David R. Diehl & Michael J. French from action & granting their mtn for exclusion (cc: all counsel); entry date: 12/15/97 (former empl) (Entered: 12/15/1997)
199 NOTICE by Cory Andrew Morrison of change of temp address (perm address remains same) (former empl) (Entered: 12/15/1997)
200 ORDER by Judge John L. Kane adopting [194-1] Magistrate's Recommendation granting motion for exclusion from civil cause of action [193-1]; Cory Andrew Morrison's cmp dismissed (cc: all counsel) ;

https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?316016454502036-L_280_0-1

11/2/2005

CM/ECF - U.S. District Court:cod - Docket Report

Page 26 of 28

12/18/1997 12/22/1997
12/29/1997
12/31/1997
01/08/1998 01/08/1998
01/15/1998
02/25/1998 03/09/1998 03/16/1998
03/30/1998 04/14/1998 12/02/1998 12/08/1998

entry date : 12/18/97 (former empl) (Entered: 12/18/1997)
201 MOTION by Patrick Moreno to exclude from civil cause of action (former empl) (Entered: 12/19/1997)
202 MAGISTRATE'S RECOMMENDATION that Patrick Morenos mtn [201-1] for exclusion be granted by Magistrate Judge Richard M. Borchers (cc: all counsel); entry date: 12/23/97 (former empl) (Entered: 12/23/1997)
203 MAGISTRATE'S RECOMMENDATION the plas Shepard & Andersons mtn for exclusion be granted by Magistrate Judge Richard M. Borchers (cc: all counsel); entry date: 12/29/97 (former empl) (Entered: 12/29/1997)
204 ORDER by Judge John L. Kane adopting [202-1] Magistrate's Recommendation granting Patrick Moreno's motion to exclude from civil cause of action [201-1] (cc: all counsel) ; entry date : 12/31/97 (former empl) (Entered: 12/31/1997)
MOTION by Shirell Goldsmith to amend complaint FRCP 15 (this document filed with 95-K-1878 case number but placed in 95-K-2280) (former empl) Modified on 01/09/1998 (Entered: 01/09/1998)
Tendered Amended Complaint submitted by Shirell Goldsmith with the motion to amend complaint FRCP 15 [205-1] (filed with 95-K-1878 case number but document filed in 95-K-2280) (former empl) Modified on 01/09/1998 (Entered: 01/09/1998)
206 ORDER by Judge John L. Kane adopting [203-1] Magistrate's Recommendation that Earl Shepard & Harley Anderson be excluded from action (cc: all counsel); entry date: 1/16/98 (former empl) (Entered: 01/16/1998)
207 TRANSCRIPT of proceedings of 9/23/97 Motions Hearing (25 pages) Prepared By: Federal Reporting (former empl) (Entered: 02/26/1998)
208 MOTION by Christopher S. Gray for hearing on damages (former empl) (Entered: 03/09/1998)
209 MINUTE ORDER by Judge John L. Kane denying motion for hearing on damages [208-1]; no damages claims in 95-1878; pla's damages claims were asserted in 95-1972, dismissed 1/15/98 (cc: all counsel); entry date: 3/17/98 (former empl) (Entered: 03/17/1998)
210 MOTION by Arthur L. Urrutia for exclusion from civil cause of action (former empl) (Entered: 03/31/1998)
MAIL Returned: minute order [209-1] addressed to Christopher S. Gray (former empl) (Entered: 04/14/1998)
211 MOTION by William T. Arnold for joinder in civil cause of action pursuant to FRCP 20a (former empl) (Entered: 12/03/1998)
212 LETTER to Holland & Hart LLP from Kenneth Peterson re inclusion in

https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?316016454502036-L_280_0-1

11/2/2005

CM/ECF - U.S. District Court:cod - Docket Report

Page 27 of 28

12/08/1998 12/09/1998 12/10/1998
12/29/1998
01/13/1999 01/13/1999 01/14/1999
01/15/1999 01/20/1999 01/20/1999 01/27/1999
02/18/1999 02/23/1999

this case (former empl) (Entered: 12/08/1998)
213 Copy of LETTER to Holland & Hart LLP from Cory A. Morrison re status of case & inclusion in this case; attached copy of motion to strike 12/17/97 order of exclusion (former empl) (Entered: 12/08/1998)
214 MINUTE ORDER by Magistrate Judge O. E. Schlatter status conf set for 1:30 1/27/99 (cc: all counsel) ; entry date 12/10/98 (former empl) (Entered: 12/10/1998)
215 MAGISTRATE'S RECOMMENDATION that Arnold's motion to re-join be denied by Magistrate Judge Richard M. Borchers concerning motion for joinder in civil cause of action [211-1] (cc: all counsel) ; entry date : 12/10/98 (former empl) (Entered: 12/10/1998)
216 ORDER by Judge John L. Kane declining to adopt [215-1] Magistrate's Recommendation and reinstating William R. Arnold as a member of the plaintiff class to the extent he qualifies for membership (granting motion for joinder in civil cause of action [211-1]) (cc: all counsel); entry date: 12/30/98 (former empl) (Entered: 12/30/1998)
217 MOTION by Marty Leon Atencio for re-admittance (joinder) in 95-K1878 (former empl) (Entered: 01/13/1999)
218 MOTION by Patrick Moreno for re-admittance (joinder) in 95-K-1878 (no original) (former empl) (Entered: 01/13/1999)
219 MINUTE ORDER by Judge John L. Kane regarding [218-1] motion for re-admittance (joinder) in 95-K-1878, regarding [217-1] motion for readmittance (joinder) in 95-K-1878, counsel for dfts to file short statement of their position by 1/20/99 (cc: all counsel) ; entry date : 1/19/99 (former empl) (Entered: 01/19/1999)
220 MOTION by Earl Shepard for re-admittance (joinder) in 95-K-1878 (former empl) (Entered: 01/19/1999)
221 RESPONSE by defendants to minute order [219-1] (former empl) (Entered: 01/21/1999)
222 RESPONSE by plaintiffs to minute order [219-1] (former empl) (Entered: 01/21/1999)
223 MINUTE ORDER by Judge John L. Kane pursuant to 1/20/99 status report indicating stlmt has been reached, dsm papers ddl set for 2/18/99 (cc: all counsel) ; entry date : 1/28/99 (former empl) (Entered: 01/28/1999)
224 Notice of Settlement of Claims for Attorneys' Fees & Costs and Stipulation of Dismissal & MOTION by plaintiffs for order approving notice to plf class (former empl) (Entered: 02/19/1999)
225 ORDER by Judge John L. Kane granting stipulation of dismissal & motion for order approving notice to plf class [224-1] & dismissing case w/o prej; notice of stlmt shall be posted as outlined in motion, w/dft DOC

https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?316016454502036-L_280_0-1

11/2/2005

CM/ECF - U.S. District Court:cod - Docket Report

Page 28 of 28

02/23/1999 02/25/1999

to bear cost & responsibility for giving notice no later than 3/15/99 (cc: all counsel) ; entry date : 2/24/99 (former empl) (Entered: 02/24/1999)
226 Mailing of NOTICE of Dismissal by Clerk of Court dated 2/23/99 & file stamped 2/18/99 (former empl) (Entered: 02/24/1999)
227 MINUTE ORDER by Judge John L. Kane denying motion for readmittance (joinder) in 95-K-1878 [220-1], denying motion for readmittance (joinder) in 95-K-1878 [218-1] (cc: all counsel) ; entry date : 2/26/99 (former empl) (Entered: 02/26/1999)

PACER Service Center
Transaction Receipt

11/02/2005 15:02:53

PACER Login: hs0328

Client Code:

Description: Docket Report Search Criteria: 1:95-cv-01878-JLK

Billable Pages: 16

Cost:

1.28

https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?316016454502036-L_280_0-1

11/2/2005

 </s> CM/ECF - U.S. District Court:cod - Docket Report

https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?286016116484813-L_92...

U.S. District Court District of Colorado (Denver) CIVIL DOCKET FOR CASE #: 1:95-cv-01919-JLK

TERMED

Bowring, et al v. CO Dept Corrections, et al Assigned to: Judge John L. Kane Demand: $0 Case in other court: USDC Colorado, 95-K-1878 Cause: 42:1983 Prisoner Civil Rights

Date Filed: 07/31/1995 Jury Demand: None Nature of Suit: 550 Prisoner: Civil Rights Jurisdiction: Federal Question

Plaintiff John B. Bowring

represented by John B. Bowring #81518 Sterling Correctional Facility P.O. Box 6000 Sterling, CO 80751 U.S.A. PRO SE

Plaintiff Victor Joe Lidgren

represented by James Edward Hartley Holland & Hart, LLP-Denver CO United States District Court Box 06 555 Seventeenth Street #3200 Denver, CO 80202 U.S.A 303-295-8237 Fax: 303-975-5486 Email: jhartley@hollandhart.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jane Anne Bell American Civil Liberties Union of Colorado 400 Corona Denver, CO 80218 U.S.A 303-777-5482 Fax: 777-1773 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Mark Silverstein American Civil Liberties Union-Colorado

1 of 16

4/15/2006 3:53 PM

CM/ECF - U.S. District Court:cod - Docket Report
Plaintiff Rory Clark
2 of 16

https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?286016116484813-L_92...
400 Corona Street Denver, CO 80218 U.S.A 303-777-5482 Fax: 303-777-1773 Email: msilver2@att.net LEAD ATTORNEY ATTORNEY TO BE NOTICED
Nicole R. Morbach Holland & Hart, LLP-Denver Colorado United States District Court Box 06 555 - 17th Street P.O. Box 8749 Denver, CO 80201-8749 U.S.A 303-295-8000 Fax: 295-8261 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Steven W. Black Holland & Hart, LLP-Denver Colorado United States District Court Box 06 555 - 17th Street P.O. Box 8749 Denver, CO 80201-8749 U.S.A 303-295-8000 Fax: 295-8261 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by James Edward Hartley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jane Anne Bell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mark Silverstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Nicole R. Morbach
4/15/2006 3:53 PM

CM/ECF - U.S. District Court:cod - Docket Report
Plaintiff Bill Erickson
Plaintiff Gary King
3 of 16

https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?286016116484813-L_92...
(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Steven W. Black (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by James Edward Hartley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jane Anne Bell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mark Silverstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Nicole R. Morbach (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Steven W. Black (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by James Edward Hartley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jane Anne Bell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mark Silverstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
4/15/2006 3:53 PM

CM/ECF - U.S. District Court:cod - Docket Report

https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?286016116484813-L_92...

V. Defendant Colorado Department of Corrections Defendant Bowie County Correctional Facility Defendant Roy S. Romer Governor of the State of Colorado, in his official capacity
Defendant Aristedes Zavaras Executive Director of the Colorado Department of Corrections, in his official capacity Defendant Karnes County, Texas a political subdivision of the State of Texas

Nicole R. Morbach (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Steven W. Black (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by John A. Lizza Colorado Department of Law 1525 Sherman Street 5th Floor Denver, CO 80203 U.S.A 303-866-5692 Fax: 1-866-858-7486 Email: john.lizza@state.co.us ATTORNEY TO BE NOTICED
represented by John A. Lizza (See above for address) ATTORNEY TO BE NOTICED
represented by David R. Brougham Hall & Evans-Denver CO United States District Court Box 05 1125 Seventeenth Street #600 Denver, CO 80202-5817 U.S.A 303-628-3300 Fax: 303-293-3238 Email: broughamd@hallevans.com ATTORNEY TO BE NOTICED

4 of 16

4/15/2006 3:53 PM

CM/ECF - U.S. District Court:cod - Docket Report

https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?286016116484813-L_92...

Defendant Rod Ellis Warden of the Karnes County Correctional Center
Defendant BRG Holding, Inc. a Texas corporation

represented by David R. Brougham (See above for address) ATTORNEY TO BE NOTICED
represented by David R. Brougham (See above for address) ATTORNEY TO BE NOTICED

Date Filed 07/31/1995 07/31/1995 07/31/1995 08/07/1995 08/08/1995 08/15/1995 08/15/1995 08/15/1995
08/21/1995 08/31/1995

#

Docket Text

1 MOTION by plaintiff John B. Bowring to proceed in forma pauperis (former empl) (Entered: 08/01/1995)
2 ORDER by Judge John L. Kane granting motion to proceed in forma pauperis [1-1] (cc: all counsel) ; entry date : 8/1/95 (former empl) (Entered: 08/01/1995)
3 COMPLAINT (named as Writ of Habeas Corpus) (Summons(es) issued) (former empl) (Entered: 08/01/1995)
LETTER to court from plaintiff Delbert G. Leggions in 1:95-cv-01878. (former empl) (Entered: 08/08/1995)
COMPLAINT ( No Summons(es) issued) (former empl) (Entered: 08/09/1995)
ATTORNEY APPEARANCE for plaintiff Delbert G. Leggions in 1:95-cv-01878 by James E. Hartley, Steven W. Black, David H. Miller. (former empl) (Entered: 08/16/1995)
Ex Parte MOTION by plaintiff Delbert G. Leggions in 1:95-cv-01878 for leave to permit an unannounced inspection of premises. (former empl) (Entered: 08/16/1995)
ORDER by Judge John L. Kane granting the ex parte motion for leave to permit an unannounced inspection of premises [8-1]. Plf's counsel & expert designee authorized to enter the Bowie County Corr Fac for an unannounced inspection of all parties of the facility on 8/16/95; also authorized to make photographic/electronic/audio recordings of any/all parts of the facility. Defts may object to disclosure of the photos, etc. Deft Bowie County to make entire Corr Fac available/open for inspection by parties beginning a 9:00 a.m. on 8/16/95 & continuing thereafter from day to day as lon as plf's counsel deems necessary. Deft ordered to cooperate fully & shall refrain from interfering/hindering in any way with the inspection. (cc: all counsel) ; entry date : 8/16/95 (former empl) (Entered: 08/16/1995)
MOTION by plaintiff John B. Bowring in 1:95-cv-01919 for preliminary injunction. (former empl) (Entered: 08/23/1995)
MOTION by Movant Reginald Kinney in 1:95-cv-01878 for permissive joinder of parties Plf Pursuant to Rule 20 in this case. (former empl) (Entered:

5 of 16

4/15/2006 3:53 PM

CM/ECF - U.S. District Court:cod - Docket Report

https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?286016116484813-L_92...

09/01/1995 09/08/1995 09/11/1995 09/26/1995 09/27/1995
09/27/1995 09/29/1995
10/04/1995 10/10/1995 10/11/1995 10/12/1995 10/16/1995 10/17/1995 10/20/1995 10/25/1995

08/31/1995)
MOTION by Movant Glen Williams Jr. in 1:95-cv-01878 for permissive joinder of parties Plf Pursuant to Rule 20 in this civil action. (former empl) (Entered: 09/06/1995)
MOTION by Christopher Rimpson in 1:95-cv-01878 for permissive joinder of parties Plf Pursuant to Rule 20, and Supplemental Complaint. (former empl) (Entered: 09/11/1995)
MOTION by plaintiff John B. Bowring in 1:95-cv-01919 for order for severance of cause. (former empl) (Entered: 09/11/1995)
MOTION by defendant CO Dept Corrections in 1:95-cv-01878 to vacate order of 8/17/95. (former empl) (Entered: 09/27/1995)
RETURN OF SERVICE of Summons and other documents upon defendant CO Dept Corrections in 1:95-cv-01878 on 8/17/95 by hand delivery to Coleen Stevenson, Program Assistant to Brad Rockwell for Deft. (former empl) (Entered: 09/28/1995)
RETURN OF SERVICE by defendant CO Dept Corrections in 1:95-cv-01878 of Order by hand delivery to Coleen Stevenson, Program Assistant to Brad Rockwell for Deft. (former empl) (Entered: 09/28/1995)
COURTROOM MINUTES by Judge John L. Kane granting motion to vacate order of 8/17/95. [26-1] in 1:95-cv-01878. Consolidated amd cmp due 10/27/95. Answers or motions by defts due 11/17/95. ; entry date : 10/3/95 (gms) Modified on 01/09/1997 (Entered: 10/03/1995)
MOTION by plaintiff John B. Bowring in 1:95-cv-01919 for ruling on pending motions. (former empl) (Entered: 10/05/1995)
JOINDER of Persons (Defts) by plaintiff John B. Bowring in 1:95-cv-01919 requesting that a new deft be named: Dominion Brokerage, Leasing and Management. (former empl) (Entered: 10/11/1995)
MOTION by plaintiff John B. Bowring in 1:95-cv-01919 to amend Complaint. (former empl) (Entered: 10/11/1995)
MOTION by Movant Michael Smith in 1:95-cv-01878 for permissive joinder of parties Plf Pursuant to Rule 20; & Supplemental Complaint. (former empl) (Entered: 10/12/1995)
MOTION by plaintiff John B. Bowring in 1:95-cv-01919 for preliminary injunction (former empl) (Entered: 10/16/1995)
MINUTE ORDER : by Judge John L. Kane denying motion for preliminary injunction [35-1] in 1:95-cv-01878, 1:95-cv-01919 (cc: all counsel) ; entry date : 10/18/95 (former empl) (Entered: 10/18/1995)
MOTION by plaintiff John B. Bowring in 1:95-cv-01919 for Permissive joinder (former empl) (Entered: 10/23/1995)
STATEMENT by plaintiff John B. Bowring in 1:95-cv-01919 (former empl) (Entered: 10/25/1995)

6 of 16

4/15/2006 3:53 PM

CM/ECF - U.S. District Court:cod - Docket Report

https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?286016116484813-L_92...

10/25/1995 10/27/1995 11/03/1995 11/03/1995 11/03/1995 11/03/1995 11/03/1995
11/03/1995 11/03/1995 11/03/1995 11/06/1995
11/13/1995 11/13/1995
11/14/1995

NOTICE of Limited Power of Atty to Ms. Jolene Valdez by plaintiff John B. Bowring in 1:95-cv-01919 (former empl) (Entered: 10/25/1995)
MINUTE ORDER : by Judge John L. Kane granting motion to extend time to file first amended complaint [40-1] to 11/17/95 and 12/5/95 to answer (cc: all counsel) ; entry date : 10/30/95 (former empl) (Entered: 10/30/1995)
LETTER to court from plaintiff John B. Bowring in 1:95-cv-01919 (former empl) (Entered: 11/06/1995)
MOTION by plaintiff John B. Bowring in 1:95-cv-01919 for preliminary injunction (former empl) (Entered: 11/06/1995)
MOTION by plaintiff John B. Bowring in 1:95-cv-01919 to amend/expand complaint (former empl) (Entered: 11/06/1995)
MOTION by plaintiff John B. Bowring in 1:95-cv-01919 for permissive joinder in inmates to class (former empl) (Entered: 11/06/1995)
JOINDER of persons by plaintiff John B. Bowring in 1:95-cv-01919 motion for permissive joinder in inmates to class [45-1] in 1:95-cv-01878, motion for permissive joinder in inmates to class [0-1] in 1:95-cv-01919 (former empl) (Entered: 11/06/1995)
MOTION by plaintiff John B. Bowring in 1:95-cv-01919 to severance of lead acction and counsels (former empl) (Entered: 11/06/1995)
MOTION by plaintiff John B. Bowring in 1:95-cv-01919 for oral argument (hearing) (former empl) (Entered: 11/06/1995)
MOTION by plaintiff John B. Bowring in 1:95-cv-01919 for order for document disclosure (former empl) (Entered: 11/06/1995)
MINUTE ORDER : by Judge John L. Kane denying motion for order for document disclosure [49-1] in 1:95-cv-01878, 1:95-cv-01919, denying motion for oral argument (hearing) [48-1] in 1:95-cv-01878, 1:95-cv-01919, denying motion to severance of lead acction and counsels [47-1] in 1:95-cv-01878, 1:95-cv-01919, denying motion for permissive joinder in inmates to class [45-1] in 1:95-cv-01878, 1:95-cv-01919, denying motion to amend/expand complaint [44-1] in 1:95-cv-01878, 1:95-cv-01919 (cc: all counsel) ; entry date : 11/7/95 (former empl) (Entered: 11/07/1995)
MOTION by defendant CO Dept Corrections in 1:95-cv-01878, defendant Bowie Cty Corr Fac in 1:95-cv-01878, to transfer case to USDC E Dist TX , and to change venue (former empl) Modified on 01/09/1997 (Entered: 11/14/1995)
Attachements (APPENDIX) filed by defendant CO Dept Corrections in 1:95-cv-01878, defendant Bowie Cty Corr Fac in 1:95-cv-01878 motion to transfer case to USDC E Dist TX [51-1], motion to change venue [51-2] (former empl) (Entered: 11/14/1995)
MINUTE ORDER : by Judge John L. Kane regarding [51-1] motion to transfer case to USDC E Dist TX, regarding [51-2] motion to change venue; pla to file response brief by 11/24/95 and dfts to reply by 11/27/95 (cc: all counsel) ; entry date : 11/14/95 (former empl) (Entered: 11/14/1995)

7 of 16

4/15/2006 3:53 PM

CM/ECF - U.S. District Court:cod - Docket Report

https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?286016116484813-L_92...

11/24/1995 11/24/1995 11/27/1995 11/28/1995 12/01/1995 12/04/1995 12/04/1995
12/05/1995 12/05/1995 12/06/1995
12/13/1995 12/22/1995
12/22/1995

MOTION by Bowie County Defts for extension of time to reply to pltf's resp to motion to chg venue to 11/28/95 (gms) Modified on 01/09/1997 (Entered: 11/24/1995)
RESPONSE in opposition to motion to transfer case to USDC E Dist TX [51-1], motion to change venue [51-2] (former empl) (Entered: 11/27/1995)
MINUTE ORDER : by Judge John L. Kane granting motion for extension of time to reply to pltf's resp to motion to chg venue to 11/28/95 [55-1] (cc: all counsel) ; entry date : 11/28/95 (former empl) (Entered: 11/28/1995)
REPLY Brief by defendant CO Dept Corrections in 1:95-cv-01878, defendant Bowie Cty Corr Fac in 1:95-cv-01878 re motion to transfer case to USDC E Dist TX [51-1], motion to change venue [51-2] (former empl) (Entered: 11/29/1995)
Application (MOTION) by plaintiff Delbert G. Leggions in 1:95-cv-01878 for preliminary injunction (former empl) (Entered: 12/04/1995)
MOTION by defendant CO Dept Corrections in 1:95-cv-01878, defendant Bowie Cty Corr Fac in 1:95-cv-01878 for order for appointment of magistrate to conduct mandatory settlement conference (former empl) (Entered: 12/05/1995)
MINUTE ORDER : by Judge John L. Kane regarding [59-1] motion for preliminary injunction; dft response due 12/28/95 ; status conf set for 9:00 12/29/95 to determine scheduling of testimony and exchange of rpts and exhibits; cnsl to prepare exhibit and witness lists (cc: all counsel) ; entry date : 12/5/95 (former empl) (Entered: 12/05/1995)
ANSWER by defendant CO Dept Corrections in 1:95-cv-01878, defendant Bowie Cty Corr Fac in 1:95-cv-01878 to first amd complaint [54-1] (former empl) (Entered: 12/06/1995)
SPECIAL ORDER OF REFERENCE by Judge John L. Kane to Magistrate Judge O. E. Schlatter for settlement (cc: to counsel) (former empl) Modified on 01/09/1997 (Entered: 03/12/1996)
Notice of Setting (SCHEDULING ORDER) Magistrate Judge O. E. Schlatter ; Court to telphone counsel for settlement conference 8:45 12/13/95 cnsl to assure perosn w/calendar authority are avilable (cc: all counsel) (former empl) (Entered: 12/07/1995)
MINUTE ORDER : by Magistrate Judge O. E. Schlatter ; settlement conf set for 1:15 12/27/95 in 1:95-cv-01878 (cc: all counsel) ; entry date : 12/14/95 (former empl) Modified on 01/09/1997 (Entered: 12/14/1995)
MEMORANDUM, OPINION, AND ORDER: by Judge John L. Kane denying motion to transfer case to USDC E Dist TX [51-1], denying motion to change venue [51-2] (cc: all counsel) ; entry date : 12/28/95 (former empl) (Entered: 12/28/1995)
ORDER TO SHOW CAUSE: by Judge John L. Kane returnable 1/5/96 why this case should not be maintained as a class action; if dfts object to certification issues will be briefed in response to order (cc: all counsel) (former empl) (Entered: 12/28/1995)

8 of 16

4/15/2006 3:53 PM

CM/ECF - U.S. District Court:cod - Docket Report

https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?286016116484813-L_92...

12/27/1995
01/05/1996 01/08/1996
01/10/1996 01/11/1996
01/19/1996 01/22/1996
01/23/1996
01/23/1996
02/14/1996 02/14/1996 02/22/1996 02/23/1996

MINUTE ORDER : by Judge John L. Kane setting hearing on motion for preliminary injunction [59-1] 9:00 2/26/96 ; status conf reset for 9:00 1/23/96 dfts to file response to motion for preliminary injunction by 1/22/96 (cc: all counsel) ; entry date : 12/28/95 (former empl) (Entered: 12/28/1995)
MOTION by defendant CO Dept Corrections in 1:95-cv-01878, defendant Bowie Cty Corr Fac in 1:95-cv-01878 to extend time in which to respond to order to show cause (former empl) Modified on 01/09/1997 (Entered: 01/08/1996)
MINUTE ORDER : by Judge John L. Kane denying motion to extend time in which to respond to order to show cause [69-1] due to no cert compliance with LR, regarding [67-1] order to show cause order (cc: all counsel) ; entry date : 1/8/96 (former empl) (Entered: 01/08/1996)
MOTION by defendant CO Dept Corrections in 1:95-cv-01878, defendant Bowie Cty Corr Fac in 1:95-cv-01878 to extend time in which to respond to order to show cause (former empl) (Entered: 01/11/1996)
MINUTE ORDER : by Judge John L. Kane granting motion to extend time in which to respond to order to show cause [71-1] in 1:95-cv-01878, granting motion to extend time in which to respond to order to show cause [0-1] in 1:95-cv-01896, et al to 2/5/96 (cc: all counsel) ; entry date : 1/16/96 (former empl) Modified on 01/09/1997 (Entered: 01/16/1996)
MOTION by defendant in 1:95-cv-01878 to extension re: response to plas application for preliminary injunction (former empl) (Entered: 01/22/1996)
MINUTE ORDER : by Judge John L. Kane granting motion to extension re: response to plas application for preliminary injunction [73-1] in 1:95-cv-01878 to 2/5/96 (cc: all counsel) ; entry date : 1/22/96 (former empl) Modified on 01/10/1997 (Entered: 01/22/1996)
Final REPORT by defendant CO Dept Corrections in f Bowwie County Corrections Center conducted on 11/28/95 and 11/29/95 1:95-cv-01878, defendant Bowie Cty Corr Fac in 1:95-cv-01878 (rpt is in black 3 ringed binder) (former empl) Modified on 01/10/1997 (Entered: 01/23/1996)
COURTROOM MINUTES by Judge John L. Kane ; status conf and scheduling for preliminary injunction held 1/23/96 , and all previous dateline dates for briefs are vacated and cnsl to file joint status rpt ; status report ddl set for 2/23/96 in 1:95-cv-01878, et al ; entry date : 1/23/96 Court Reporter: Kathy Terasaki (former empl) Modified on 01/10/1997 (Entered: 01/23/1996)
COMPLAINT (former empl) (Entered: 02/14/1996)
COMPLAINT (former empl) (Entered: 02/14/1996)
MOTION by plaintiff Troy Lamont Fields in 1:95-cv-02013 to amend petition for writ of habeas corpus (lam) Modified on 01/10/1997 (Entered: 02/27/1996)
Joint STATUS REPORT by defendant CO Dept Corrections in 1:95-cv-01878, defendant Bowie Cty Corr Fac in 1:95-cv-01878 (former empl) Modified on 01/10/1997 (Entered: 02/26/1996)

9 of 16

4/15/2006 3:53 PM

CM/ECF - U.S. District Court:cod - Docket Report

https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?286016116484813-L_92...

02/23/1996 02/23/1996 02/27/1996 03/08/1996 03/21/1996 03/21/1996 03/21/1996 03/22/1996 03/29/1996
03/29/1996 03/29/1996 05/13/1996

STATUS REPORT by plaintiffs in 1:95-cv-01878, et al (former empl) Modified on 01/10/1997 (Entered: 02/26/1996)
MOTION by plaintiffs Delbert G. Leggions in 1:95-cv-01878, et al for order appointing expert witness to investigate and testify at trial on issue of constitutionality of conditions of confinement of plas (former empl) Modified on 01/10/1997 (Entered: 02/26/1996)
MINUTE ORDER : by Judge John L. Kane setting hearing on motion for order appointing expert witness to investigate and testify at trial on issue of constitutionality of conditions of confinement of plas [80-1] in 1:95-cv-01878, et al date : 2/28/96 (gms) Modified on 01/10/1997 (Entered: 02/28/1996)
NOTICE by plaintiff Edgar Mendez in 1:95-cv-02893 of plaintiff change of address (former empl) (Entered: 03/08/1996)
MOTION by plaintiffs in 1:95-cv-01878, et al to amend cmp (former empl) Modified on 01/10/1997 (Entered: 03/22/1996)
RESPONSE by CO Dept Corrections in 1:95-cv-01878, et al re: motion for order appointing expert witness to investigate and testify at trial on issue of constitutionality of conditions of confinement of plas [80-1] in 1:95-cv-01878, et al (former empl) Modified on 01/10/1997 (Entered: 03/22/1996)
SUPPLEMENT by plaintiffs in 1:95-cv-01878, et al re: motion for order appointing expert witness to investigate and testify at trial on issue of constitutionality of conditions of confinement of plas [80-1] in 1:95-cv-01878 (former empl) Modified on 01/10/1997 (Entered: 03/22/1996)
MINUTE ORDER : by Judge John L. Kane granting motion to amend cmp [87-1] in 1:95-cv-01878, et al (cc: all counsel) entry date : 3/25/96 (former empl) Modified on 01/10/1997 (Entered: 03/25/1996)
COURTROOM MINUTES by Judge John L. Kane hearing re: motion for order appointing expert witness to investigate and testify at trial on issue of constitutionality of conditions of confinement of plas [80-1]; plf counsel and their experts may examine facilities where CO DOC has inmates; in event of interference, state may receive injunction prohibiting it from kaking pymts to those instittuions; CO shall not pay for inspections; Bowie County not dismissed at this time, but is severed from the rest of these proceedings; plf may file mtn re: Bowie County liability; Bowie County not to be included in inspections; matter set for review in 60 days; Mr. Miller to remain as counsel ; entry date : 4/1/96 Court Reporter: Carol Romero ECR (former empl) Modified on 01/10/1997 (Entered: 04/01/1996)
LETTER to court from plaintiff Mark Sublette in 1:95-cv-02187 re: cy of transcripts (former empl) (Entered: 04/01/1996)
LETTER to court from plaintiff Frank Allen Hurst in 1:95-cv-02274, and re: plaintiff K. Jeffery Knapp in 1:95-cv-03028 1:95-cv-2225 re: status of action (former empl) (Entered: 04/01/1996)
ORDER by Judge John L. Kane states that if CO Dept Corr fails to permit appropriate video taping and photography, court will not permit State to offer any evidence on same topics as contemplated by plas expert witness nor will the Dept

10 of 16

4/15/2006 3:53 PM

CM/ECF - U.S. District Court:cod - Docket Report

https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?286016116484813-L_92...

05/23/1996
06/07/1996
07/08/1996 08/23/1996 10/15/1996 10/17/1996
12/06/1996 12/20/1996
12/20/1996 01/17/1997 01/21/1997 02/26/1997

Corr be permitted to cross examine that expert; court will approve a protective order that video and photographs be used only for this case and returned to Dept Corr following use in this case (cc: all counsel) ; entry date : 5/14/96 (former empl) (Entered: 05/14/1996)
MINUTE ORDER : by Judge John L. Kane granting motion to amend complaint no later than 7/1/96 [103-1] in 1:95-cv-01878, 1:95-cv-02225, setting hearing on motion for forthwith hearing [102-2] in 1:95-cv-01878, 1:95-cv-02225 9:00 6/7/96 (cc: all counsel) ; entry date : 5/29/96 (former empl) (Entered: 05/29/1996)
Stipulation and ORDER by Judge John L. Kane withdrawing motion for preliminary injunction re: manually dispose raw sewage from KCCC [102-1] in 1:95-cv-01878, et al, withdrawing motion for forthwith hearing [102-2] in 1:95-cv-01878, et al. (cc: all counsel) ; entry date : 6/10/96 (former empl) (Entered: 06/10/1996)
LETTER to Mr. Black from Clerk of Court in 1:95-cv-01878 re: ltrs rec's from Mr. Adams and Mr. Preuss (former empl) (Entered: 07/11/1996)
NOTICE by plaintiff Mark Sublette in 1:95-cv-02187 of change of address (former empl) (Entered: 08/23/1996)
STATUS REPORT by plaintiff in 1:95-cv-01878, et al (former empl) (Entered: 10/16/1996)
MINUTE ORDER : by Judge John L. Kane ; rule 16 conference set for 8:30 12/20/96 in 1:95-cv-01878, et al parties to submit stip sched disc order by 12/13/96 (cc: all counsel) ; entry date : 10/18/96 (former empl) Modified on 10/18/1996 (Entered: 10/18/1996)
LETTER to court from plaintiff Delbert G. Leggions in 1:95-cv-01878 re: status of action (former empl) (Entered: 12/09/1996)
COURTROOM MINUTES by Judge John L. Kane ; rule 16 conf held on 12/20/96 cnsl may submit proto on personnel files; cnsl have 30 days to file amndd cmp, mtns due w/in 20 days after that w/incorporated authorities or w/br; brs may be filed on all mtns, opp pty has 20 days from date of filing to respond and movant 10 days after to rply ; entry date : 12/26/96 (former empl) (Entered: 12/26/1996)
TRANSCRIPT of proceedings of Scheduling Conference 12/20/96 before Judge John L. Kane, Jr. ( 1-21 pages) Prepared By: FedRpting Service, Inc. (former empl) (Entered: 12/30/1996)
Position on pending individual monetary pro se filings (STATEMENT) by defendants in 1:95-cv-01878, et al re: minutes [123-2] (former empl) (Entered: 01/22/1997)
Second AMENDED COMPLAINT (former empl) (Entered: 01/24/1997)
WAIVER OF SERVICE of Summons and Complaint upon defendant Karnes County, Texas in 1:95-cv-01878 , et al on 2/21/97 signed by Tony Schaffer, Esq. (former empl) (Entered: 02/27/1997)

11 of 16

4/15/2006 3:53 PM

CM/ECF - U.S. District Court:cod - Docket Report

https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?286016116484813-L_92...

02/26/1997 02/26/1997 02/28/1997 03/17/1997 03/19/1997
03/24/1997

WAIVER OF SERVICE of Summons and Complaint upon defendant BRG Holding, Inc. in 1:95-cv-01878, et al on 2/21/97 signed by Tony Schaffer, Esq. (former empl) (Entered: 02/28/1997)
WAIVER OF SERVICE of Summons and Complaint upon defendant Rod Ellis in 1:95-cv-01878 on 2/21/97 signed by Tony Schaffer, Esq. (former empl) (Entered: 02/28/1997)
STATUS REPORT by plaintiffs in 1:95-cv-01878, et al re: Bowie Cty jail Fee application (former empl) (Entered: 03/03/1997)
MOTION by defendants in 1:95-cv-01878, et al to extend time to respond to second amd cmp to 4/30/97 (former empl) (Entered: 03/18/1997)
MINUTE ORDER : by Judge John L. Kane granting motion to extend time to respond to second amd cmp to 4/30/97 [133-1] in 1:95-cv-01878, 1:95-cv-01896, 1:95-cv-01897, 1:95-cv-01898, 1:95-cv-01899, 1:95-cv-01900, 1:95-cv-01901, 1:95-cv-01902, 1:95-cv-01903, 1:95-cv-01904, 1:95-cv-01905, 1:95-cv-01906, 1:95-cv-01907, 1:95-cv-01908, 1:95-cv-01909, 1:95-cv-01910, 1:95-cv-01911, 1:95-cv-01912, 1:95-cv-01913, 1:95-cv-01914, 1:95-cv-01915, 1:95-cv-01916, 1:95-cv-01917, 1:95-cv-01918, 1:95-cv-01919, 1:95-cv-01920, 1:95-cv-01921, 1:95-cv-01963, 1:95-cv-01964, 1:95-cv-02012, 1:95-cv-02013, 1:95-cv-02016, 1:95-cv-02017, 1:95-cv-02024, 1:95-cv-02046, 1:95-cv-02047, 1:95-cv-02060, 1:95-cv-02131, 1:95-cv-02132, 1:95-cv-02133, 1:95-cv-02158, 1:95-cv-02159, 1:95-cv-02160, 1:95-cv-02174, 1:95-cv-02175, 1:95-cv-02176, 1:95-cv-02177, 1:95-cv-02186, 1:95-cv-02187, 1:95-cv-02188, 1:95-cv-02189, 1:95-cv-02206, 1:95-cv-02207, 1:95-cv-02208, 1:95-cv-02224, 1:95-cv-02225, 1:95-cv-02226, 1:95-cv-02235, 1:95-cv-02243, 1:95-cv-02244, 1:95-cv-02245, 1:95-cv-02246, 1:95-cv-02274, 1:95-cv-02280, 1:95-cv-02281, 1:95-cv-02285, 1:95-cv-02286, 1:95-cv-02287, 1:95-cv-02291, 1:95-cv-02292, 1:95-cv-02293, 1:95-cv-02295, 1:95-cv-02296, 1:95-cv-02297, 1:95-cv-02366, 1:95-cv-02408, 1:95-cv-02409, 1:95-cv-02411, 1:95-cv-02412, 1:95-cv-02435, 1:95-cv-02436, 1:95-cv-02437, 1:95-cv-02475, 1:95-cv-02487, 1:95-cv-02488, 1:95-cv-02489, 1:95-cv-02490, 1:95-cv-02491, 1:95-cv-02492, 1:95-cv-02493, 1:95-cv-02494, 1:95-cv-02495, 1:95-cv-02496, 1:95-cv-02497, 1:95-cv-02498, 1:95-cv-02499, 1:95-cv-02500, 1:95-cv-02501, 1:95-cv-02516, 1:95-cv-02517, 1:95-cv-02534, 1:95-cv-02535, 1:95-cv-02536, 1:95-cv-02537, 1:95-cv-02584, 1:95-cv-02590, 1:95-cv-02642, 1:95-cv-02692, 1:95-cv-02704, 1:95-cv-02705, 1:95-cv-02748, 1:95-cv-02764, 1:95-cv-02765, 1:95-cv-02766, 1:95-cv-02771, 1:95-cv-02772, 1:95-cv-02789, 1:95-cv-02809, 1:95-cv-02815, 1:95-cv-02858, 1:95-cv-02859, 1:95-cv-02864, 1:95-cv-02865, 1:95-cv-02893, 1:95-cv-02972, 1:95-cv-03027, 1:95-cv-03028, 1:95-cv-03092, 1:95-cv-03093, 1:95-cv-03118, 1:95-cv-03119, 1:95-cv-03238, 1:95-cv-03239, 1:96-cv-00005, 1:96-cv-00034, 1:96-cv-00110, 1:96-cv-00111, 1:96-cv-00112, 1:96-cv-00156, 1:96-cv-00184, 1:96-cv-00185, 1:96-cv-00186, 1:96-cv-00247, 1:96-cv-00248, 1:96-cv-00294, 1:96-cv-00355, 1:96-cv-00356, 1:96-cv-00463, 1:96-cv-00659, 1:96-cv-00660, 1:96-cv-01140, 1:96-cv-01141, 1:96-cv-01142, 1:96-cv-02059 (cc: all counsel) ; entry date : 3/20/97 (gms) (Entered: 03/20/1997)
NOTICE by plaintiff David J. Crosby in 1:95-cv-02245 of his change of address (gms) (Entered: 03/25/1997)

12 of 16

4/15/2006 3:53 PM

CM/ECF - U.S. District Court:cod - Docket Report

https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?286016116484813-L_92...

04/18/1997 04/24/1997 04/25/1997 04/29/1997 04/29/1997 04/30/1997 04/30/1997 05/15/1997 05/16/1997 05/30/1997 06/16/1997 06/17/1997
06/17/1997 06/18/1997
06/27/1997

NOTICE by plaintiff Aaron Palmer in 1:95-cv-02409 of change of address (former empl) (Entered: 04/22/1997)
AMENDED COMPLAINT [2-1] in 1:95-cv-02859 by plaintiff David J. Crosby in 1:95-cv-02859 (former empl) (Entered: 04/25/1997)
First AMENDED COMPLAINT by plaintiff Anthony Ray Holloway in 1:95-cv-01912 (former empl) (Entered: 04/28/1997)
Additional Request (MOTION) by defendants in 1:95-cv-01878, et al to extend time to respond to second amd cmp to 5/16/97 (former empl) (Entered: 04/30/1997)
Request (MOTION) by plaintiff Ruben Valadez in 1:95-cv-01896 and all other cases to dismiss or withdraw from class action , and to amend cmp , and for order to proceed seperate from class action (former empl) (Entered: 05/01/1997)
ORDER stlmt referred to Magistrate Judge O. E. Schlatter ; by Judge John L. Kane (cc: to counsel) (former empl) (Entered: 05/01/1997)
MINUTE ORDER : by Judge John L. Kane granting motion to extend time to respond to second amd cmp to 5/16/97 [144-1] in 1:95-cv-01878, et al (cc: all counsel) ; entry date : 5/1/97 (former empl) (Entered: 05/01/1997)
ANSWER by defendant Karnes County, Texas in 1:95-cv-01878, et al re: second amd complaint [126-1] in 1:95-cv-01878, et al (former empl) (Entered: 05/27/1997)
ANSWER by defendant Roy S. Romer in 1:95-cv-01878, et al and Aristedes Zavaras in 1:95-cv-01878, et al (former empl) (Entered: 05/28/1997)
LETTER from court to cnsl advising of LR 83.5 (sent local rules and application) (former empl) (Entered: 05/30/1997)
Request (MOTION) by plaintiffs in 1:95-cv-01878, et al for status conf (former empl) (Entered: 06/17/1997)
MINUTE ORDER : by Judge John L. Kane granting motion for status conf [151-1] in 1:95-cv-01878, et al ; status conf set for 9:30 6/27/97 in 1:95-cv-01878, et al (cc: all counsel) ; entry date : 6/17/97 (former empl) (Entered: 06/17/1997)
MOTION by plaintiffs in 1:95-cv-01878, et al for expediated trial of issues re: adequacy of med care (former empl) (Entered: 06/18/1997)
MINUTE ORDER : by Judge John L. Kane setting hearing on motion for expediated trial of issues re: adequacy of med care [153-1] in 1:95-cv-01878, et al for 6/27/97 at 9:30 am at status conf (cc: all counsel) ; entry date : 6/19/97 (former empl) (Entered: 06/19/1997)
COURTROOM MINUTES by Judge John L. Kane ; status conf held 6/27/97 ; cnsl referred to mag for stlmt, ct to schedule fairness hrg for stlmt issues, if not settled trial will be in Feb on adequacy of med care, entry date : 6/30/97 Court Reporter: Claar (former empl) (Entered: 06/30/1997)

13 of 16

4/15/2006 3:53 PM

CM/ECF - U.S. District Court:cod - Docket Report

https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?286016116484813-L_92...

07/01/1997
07/01/1997
07/01/1997 07/02/1997 07/10/1997 07/15/1997 07/24/1997 07/25/1997 07/28/1997 07/28/1997 08/05/1997 08/05/1997 08/08/1997

ANSWER by defendant BRG Holding, Inc. in 1:95-cv-01878, 1:95-cv-01916, 1:95-cv-01917, 1:95-cv-01918, 1:95-cv-01919, 1:95-cv-01920, 1:95-cv-01921, 1:95-cv-01963, 1:95-cv-01964, 1:95-cv-02012, 1:95-cv-02013, 1:95-cv-02016, 1:95-cv-02017, 1:95-cv-02024, 1:95-cv-02046, 1:95-cv-02047, 1:95-cv-02060, 1:95-cv-02131, 1:95-cv-02132, 1:95-cv-02133, 1:95-cv-02158, 1:95-cv-02159, 1:95-cv-02160 re: second amd complaint [126-1] in 1:95-cv-01878 (former empl) (Entered: 07/08/1997)
ANSWER by defendant Rod Ellis in 1:95-cv-01878, 1:95-cv-01896, 1:95-cv-01897, 1:95-cv-01898, 1:95-cv-01899, 1:95-cv-01900, 1:95-cv-01901, 1:95-cv-01902, 1:95-cv-01903, 1:95-cv-01904, 1:95-cv-01905, 1:95-cv-01906, 1:95-cv-01907, 1:95-cv-01908, 1:95-cv-01909, 1:95-cv-01910, 1:95-cv-01911, 1:95-cv-01912, 1:95-cv-01913, 1:95-cv-01914, 1:95-cv-01915, 1:95-cv-01916, 1:95-cv-01917, 1:95-cv-01918, 1:95-cv-01919, 1:95-cv-01920, 1:95-cv-01921, 1:95-cv-01963, 1:95-cv-01964 to second amd complaint [126-1] in 1:95-cv-01878 (former empl) (Entered: 07/08/1997)
TRANSCRIPT of proceedings of 6/27/97 at 9:30 am before Judge Kane ( 1-28 pages) Prepared By: Claar (former empl) (Entered: 07/08/1997)
MINUTE ORDER : by Magistrate Judge O. E. Schlatter ; settlement conf set for 3:00 7/16/97 in 1:95-cv-01878, et al (cc: all counsel) ; entry date : 7/8/97 (former empl) (Entered: 07/08/1997)
LETTER from court to cnsl Tony L. Schaffer re: admission to bar (former empl) (Entered: 07/17/1997)
LETTER to court from plaintiff John B. Bowring in 1:95-cv-01919 re: status and change of address (docket sheet sent) (former empl) (Entered: 07/17/1997)
MOTION by Theodore Benglen in 1:96-cv-02059 for appointment of counsel (former empl) (Entered: 07/28/1997)
MINUTE ORDER : by Judge John L. Kane denying motion for appointment of counsel [164-1] in 1:95-cv-01878, et al date : 7/28/97 (former empl) (Entered: 07/28/1997)
LETTER to court from Troy Lamont Fields in 1:95-cv-02013 re: status (former empl) (Entered: 07/28/1997)
LETTER to court from Troy Lamont Fields in 1:96-cv-00005 (former empl) (Entered: 07/28/1997)
MOTION by plaintiff Lee G. Austin, J.R. in 1:95-cv-01878, et al for permissive joinder of parties (former empl) (Entered: 08/06/1997)
MINUTE ORDER : by Judge John L. Kane striking motion for permissive joinder of parties [166-1] in 1:95-cv-01878, et al, mtns will only be accepted from cnsl (cc: all counsel) ; entry date : 8/6/97 (former empl) (Entered: 08/06/1997)
MOTION for permission joinder of parties from Willie J. Rupert, Jr. (former empl) (Entered: 08/11/1997)

14 of 16

4/15/2006 3:53 PM

CM/ECF - U.S. District Court:cod - Docket Report

https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?286016116484813-L_92...

08/08/1997 09/02/1997 09/05/1997
09/08/1997 09/09/1997
09/10/1997 09/11/1997 09/19/1997 09/23/1997
09/24/1997 09/30/1997

MINUTE ORDER : by Judge John L. Kane striking motion for permission joinder of parties from Willie J. Rupert, Jr. [168-1] in 1:95-cv-01878, et al (cc: all counsel) ; entry date : 8/11/97 (former empl) (Entered: 08/11/1997)
MOTION by plaintiffs in 1:95-cv-01878, et al for order to end consolidation of separate cases , and to to clarify representative role of plas' cnsl (former empl) (Entered: 09/05/1997)
MINUTE ORDER : by Judge John L. Kane setting hearing on motion for order to end consolidation of separate cases [170-1] in 1:95-cv-01878, et al 9:00 9/23/97 in 1:95-cv-01878, et al setting hearing on motion to clarify representative role of plas' cnsl [170-2] in 1:95-cv-01878, et al at 9:00 am on 9/23/97 (cc: all counsel) ; entry date : 9/9/97 (former empl) (Entered: 09/09/1997)
MOTION by plaintiffs in 1:95-cv-01878, et al for order of notification of plaintiff (former empl) (Entered: 09/09/1997)
MINUTE ORDER : by Judge John L. Kane striking motion for order of notification of plaintiff [173-1] in 1:95-cv-01878, et al ct will accept filings from cnsl of record only (cc: all counsel) ; entry date : 9/12/97 (former empl) (Entered: 09/12/1997)
Petition (MOTION) by plaintiff Delbert G. Leggions in 1:95-cv-01878 for order for notification to plaintiff (former empl) (Entered: 09/12/1997)
MINUTE ORDER : by Judge John L. Kane striking motion for order for notification to plaintiff [175-1] in 1:95-cv-01878, et al (cc: all counsel) ; entry date : 9/12/97 (former empl) (Entered: 09/12/1997)
NOTICE by plaintiff Stephen Joe Espinoza in 1:95-cv-02642 of change of address (former empl) (Entered: 09/29/1997)
COURTROOM MINUTES by Judge John L. Kane granting motion for order to end consolidation of separate cases [170-1] in 1:95-cv-01878, et al granting motion to clarify representative role of plas' cnsl [170-2] in 1:95-cv-01878, et al (former empl) (Entered: 09/23/1997)
Letter re: Addendum (STATEMENT) from J. Montague (former empl) (Entered: 09/29/1997)
ORDER by Judge John L. Kane granting motion for order to end consolidation of separate cases [170-1] granting motion to clarify representative role of plas' cnsl [170-2] in 1:95-cv-01878, et al, 95-K-1878 is certified as class action, plas in each of 150 actions are specifically instructed that cnsl in 95-K-1878 represent them solely as members of certified class for equitable relief and of the 150 plas are specifically instruted that these duplicative claims are dismissed and only individual actions will be 57 actions where plas seek monetary relief, 93 individual actions in Appendix A are dismissed, clk of ct shall deem these cases closed, 57 individual damage actions listed in Appendix B are referred to Magistrate Judge Borchers to serve as special master dismissing cases (cc: all counsel) ; entry date : 9/30/97 (former empl) (Entered: 09/30/1997)

15 of 16

4/15/2006 3:53 PM

CM/ECF - U.S. District Court:cod - Docket Report

https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?286016116484813-L_92...

PACER Service Center

Transaction Receipt

04/15/2006 14:53:34

PACER Login:

hs0328

Client Code:

Description:

Docket Report

Search Criteria:

Billable Pages: 10

Cost:

1:95-cv-01919-JLK 0.80

16 of 16

4/15/2006 3:53 PM


[CONTENT] July 27, 1995 | Colorado | Bowie County Correctional Facility | Texas | 42 | the United States | Colorado ||| the American Civil Liberties Union ||| November of 1995 | BCCF |||  ||| BCCF | Bible |||  ||| John L. Kane ||| Knapp v. Romer | 909 | 810 | D. | 1995 ||| Colorado | BCCF ||| September 30, 1997 | Kane | one | al v. CO Dept ||| al.  Litigation ||| February 25, 1999 [SUMMARY] On July 27, 1995 Colorado inmates incarcerated at Bowie County Correctional Facility (BCCF) in Texas filed a class action lawsuit under 42 U.S.C. § 1983 in the United States District Court for the District of Colorado.  Plaintiffs were represented by the American Civil Liberties Union and private attorneys. Plaintiffs' complaint, filed in November of 1995, alleged an abusive, overcrowded, unsanitary, and unhealthful environment at BCCF.  It alleged forced idleness, fire danger, deficient medical care, and lack of access to the courts due to an inadequate law library.  In addition, plaintiffs claimed that BCCF violated the Establishment Clause by paying inmates to attend a Bible study class when there was little or no paid work available to other inmates and no other religious activities.  

Defendants moved for transfer and change of venue.   The district court (Judge John L. Kane, Jr.) denied these motions.  Knapp v. Romer, 909 F.Supp. 810 (D. Colo. 1995).     

A number of lawsuits were filed in the District of Colorado regarding conditions at BCCF.  The cases were consolidated until September 30, 1997, when Judge Kane issued an order ending consolidation and certifying the case as a class action to be represented by counsel for one of the claims, Leggions, et al v. CO Dept. Corrections, et al.  Litigation continued, with the court granting many plaintiffs' motions for exclusion from class representation and several motions for joinder.  The PACER docket for this case ends on February 25, 1999 so no information regarding further proceedings is available.

