Henry v. Deland

PC-ut-00300

W. Cullen Battle, A0246 Kathleen H. Switzer, A5230 Robert K. Heineman, A5481 FABIAN & CLENDENIN P.O. Box 510210 Salt Lake City, Utah 84151 Telephone: 531-8900
Lisa A. Marcy, A5311 Robert B. Denton, A0872 LEGAL CENTER FOR THE HANDICAPPED 455 East 400 South, Suite 201 Salt Lake City, Utah 84111 Telephone: 363-1347

Attorneys for Plaintiff in cooperation with THE ACLU OF UTAH FOUNDATION, INC.
IN THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF UTAH, CENTRAL DIVISION
SANDRA HENRY, on behalf Of herself and others similarly situated,

Plaintiff,

COMPLAINT

V.
GARY W. DeLAND, Director, Utah Department of Corrections; GERALD COOK, Director of Institutional Operations Division, Utah Department of Corrections; ELDON BARNES, JR., Warden, Utah State Prison; DANIEL LATHAM, Bureau Chief of Support Services, Utah State Prison; BRUCE EGAN, Acting Director of Medical Facilities, Utah State Prison; BLEN FREESTONE, Acting Assistant Director of Medical Facilities, Utah State Prison

Civil No.

Defendants.

Plaintiff alleges: I. PRELIMINARY STATEMENT
1. This civil rights action is brought by Plaintiff on her own behalf and on behalf of all inmates who are confined and who may be confined in the future at the Utah State Penitentiary at Draper, Utah [the "Prison"]. Because of their incarceration at the Prison, Plaintiff and the class she represents [referred to sometimes as the "Inmates"] are dependent upon Defendants to provide them with medical and mental health care. This action seeks 1) a declaration by this Court that conditions at the Prison are unconstitutional under the Eighth and Eleventh Amendments to the United States Constitution because inadequate medical and mental health care is provided to the Inmates, and 2) injunctive relief ordering Defendants to take immediate and continuing steps to remedy the constitutional inadequacies .in medical and mental health care provided at the Prison, or cease incarcerating Inmates at the Prison.
II. JURISDICTION AND VENUE 2. This action is brought under 42 U.S.C. S 1983 and under the Eighth and Fourteenth Amendments to the United States Constitution. Jurisdiction of this Court is invoked under 28 U.S.C. S 1343.
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3. Venue is proper under 28 U.S.C. S 1391. Each Defendant resides in the State of Utah and each claim for relief arises in this District.
Ill. PARTIES A. Plaintiff 4. Plaintiff Sandra Henry is presently an Inmate at the Prison and is deprived of adequate medical and mental health care in the manner described in this Complaint. Throughout her incarceration at the Prison she has been denied constitutionallyadequate care for her serious medical needs. B. Class Action Allegations 5. This is a class action under Rule 23 (b)(l)(A) and (b)(2) of the Federal Rules of Civil Procedure. Plaintiff is a representative party of the class which is composed of all persons presently confined at the Prison or who may be so confined in the future. 6. The class is so numerous that joinder of all members is impractical. Approximately 2,400 Inmates are presently incarcerated at the Prison. 7. Questions of law and fact presented by Plaintiff's claims are common to the class in that all Inmates are deprived of adequate medical and mental health care in the manner described in this Complaint.
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8. Plaintiff's claims are typical of the claims of all class members.
9. Plaintiff is represented by competent counsel who will fairly and adequately protect the interests of the class.
10. The prosecution of separate actions against defendants would create a risk of inconsistent or varying adjudications with respect to individual members of the class which would establish incompatible standards of conduct for Defendants.
11. Defendants have acted and refused to act on grounds generally applicable to the class, thereby making appropriate final injunctive and declaratory relief with respect to the class as a whole.
12. Although many of the members of the class have claims for damages against Defendants and others, these individual damage claims are not appropriate to bring in this action. Damage claims would inject individual questions of law and fact into this litigation, common questions would not predominate, individual class members would lose their ability to control the prosecution of their claims, and this action would become unreasonably difficult to manage.
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C. Defendants 13. Defendant Gary W. DeLand is the Director of the Department of Corrections of the State of Utah. He is responsible for the management, supervision and control of the penal, correctional, and reformatory institutions operated by the State. Defendant DeLand has the power to authorize expenditures within the Prison and to determine how the budget for the Prison and its medical facilities will be spent. Defendant DeLand is responsible for determining facility needs and directs the planning, design, and construction of new facilities. He gives final approval for recruiting, selection, and hiring decisions. Defendant DeLand ultimately determines the level of medical care provided at the Prison. He is aware of the constitutional inadequacies in the medical and mental health care at the Prison but refuses to correct those inadequacies. Defendant DeLand is ultimately responsible for the continuing incarceration of the Inmates under conditions that are unconstitutional under the Eighth and Fourteenth Amendments to the United States Const i tut ion. 14. Defendant Gerald Cook is the Director of Institutional Operations Division. He is responsible for carrying out the mission, goals, policies, and procedures of the Department of Corrections. Defendant Cook supervises the Bureau Chief for
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Support Services and the Warden of the Prison. He is responsible for all operations within the Prison, including the operations of the Medical Department. He is aware of the Constitutional inadequacies in the medical and mental health care provided to the inmates but refuses to correct those inadequacies.
15. Defendant Eldon Barnes, Jr. is the Warden of the Prison. He directly supervises the Prison, including its medical facilities. Defendant Barnes is responsible for the overall safety of the Inmates at the Prison. Defendant Barnes is directly responsible for the continuing incarceration of the Inmates under conditions that are unconstitutional. He is aware of the constitutional inadequacies in the medical and mental health care provided to the Inmates but continues to incarcerate the Inmates at the Prison under those conditions.
16. Defendant Daniel Latham is the Bureau Chief of Support Services within the Prison. He assists in budget planning for the Prison. Defendant Latham initiates and oversees the filling of vacancies within support services, including the medical staff. He directly supervises the Medical Director and is responsible for the level of care provided by the medical department. He is aware of the Constitutional inadequacies in the medical and mental health care provided to the inmates but refuses to correct those inadequacies.
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17. Defendant Bruce Egan is the Acting Director of Medical Facilities at the Prison, and Defendant Blen Freestone is the Acting Assistant Director of Medical Facilities. Defendants Egan and Freestone supervise the Prison's medical staff and facilities. They are directly responsible for the level of medical and mental health care provided at the Prison and are directly responsible for the inadequate staffing, the lack of resources and facilities, and the defective protocols and procedures that are described in this complaint.
IV. GENERAL ALLEGATIONS 18. Defendants fail to provide minimally adequate medical and mental health care to the Inmates incarcerated at the Prison. 19. Conditions at the Prison fail to meet any of the following minimum standards for the provision of medical-and mental health care in correctional facilities: (1) Federal Standards for Corrections (1978), drafted by the United States Department of Justice ["Federal Standards"], (2) Standards for Health Services in Correctional Institutions (N. Dubler 2d ed. 1986), published by the American Public Health Association ["APHA Standards"], and (3) Manual of Correctional Standards (1966), prepared by the American Correctional Association ["ACA Standards" ].
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20. Defendants are aware of the deficiencies in the medical and mental health care they provide.
21. On August 31, 1979, the State of Utah entered into a stipulation and settlement agreement with certain Inmates in Civil Action Nos. C-75-220, C-75-377, C-75-410, C-75-411, C-76-191, C-76-253, entitled Balderas v. Matheson. In settlement of that action, Defendants agreed that the Federal Standards and the ACA Standards were appropriate to determine the legality and effectiveness of Defendants' operation of the Prison. Notwithstanding that recognition and agreement, Defendants have failed to follow these standards in delivering medical and mental health services to Inmates.
22. The Department of Corrections hired Bonnie Norman, RN, MPH, a Correctional Health Care Consultant, to examine prison medical conditions. On August 31, 1988, Ms. Norman issued a report listing 49 major recommendations to improve health care at the Prison. Today, medical and mental health care at the Prison remains essentially unchanged.
23. As evidenced by the conditions described in this complaint, Defendants, who are responsible for medical conditions at the Prison, are deliberately indifferent to serious medical and mental health needs of the Inmates. That deliberate indifference constitutes unnecessary and wanton infliction of pain

without any penological purpose, in violation of the Eighth and Fourteenth Amendments to the United States Constitution.
Inadequate Medical Staffing and Facilities 24. Defendants have failed to create an adequate number of medical staff positions for qualified medical personnel and Defendants have failed to fill existing positions. These shortages in medical staff make it impossible for the Prison to meet the serious medical and mental health needs of Inmates. For example:
a. To treat the entire Prison population of approximately 2,400 Inmates, Defendants employ two part-time physicians who in total work approximately 15-20 hours per week at the Prison. These physicians are augmented by only one nurse practitioner and one physicians' assistant. This level of phvsician staffing is grossly inadequate to meet the serious medical needs of the Inmates.
b. As a result of inadequate physician staffing, Inmates receive much of their direct medical treatment from non-physicians. State statutes and regulatory rules require that any medical treatment rendered by non-physicians shall be consistent with standard operating procedures, protocols for specific
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conditions, and standing and direct orders. Defendants fail to comply with state law and do not follow these Federal Standards.
c. Defendants employ only five nurses at the Prison who are expected to provide around-the-clock coverage seven days a week. These nurses are asked to conduct sick calls two times daily, provide treatment, administer xams, conduct doctor lines, handle emergencies, and arrange for transfers and special services. Due to shift rotations, this level of nurse staffing allows for a maximum of two nurses on duty for the entire Prison at any one time, and more typically only one nurse is on duty. Sometimes on weekends no nurse is on duty. It is impossible for one or two nurses on duty at any given time to meet the serious medical needs of the Inmates.
d. Defendants have filled the remaining positions with one student physicians' assistant, and thirteen unlicensed medical technicians. These unlicensed staff people routinely make decisions and attempt to render medical care which is far beyond
their limited abilities.
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e. The Prison's shortage of authorized positions for qualified medical personnel is compounded by ' staff recruiting problems. Because of poor Prison working conditions, poor levels of pay, and overwork, the Prison does not have enough qualified medical personnel. Available staff positions go unfilled, further reducing the quality of care Inmates receive.
25. In response to the shortage of medical staff and trained specialists at the Prison, Defendants sometimes send Inmates to the University of Utah Medical Center ["UUMC"] for care and treatment the Prison cannot provide. However, access to UUMC services is severely restricted. Furthermore, the Inmates are often denied the care and treatment which UUMC physicians recommend or prescribe, in deliberate indifference to the serious medical needs of the Inmates.
26. The Prison has inadequate staffing to provide for transportation of Inmates to UUMC. Inmates regularly miss scheduled appointments because the Prison is unable to transport them. When transportation is provided it is often untimely, resulting in more missed appointments. Ill Inmates are often not provided with jackets during transportation in winter months, leaving Inmates with the difficult
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choice of forgoing medical treatment or risking the adverse health effects of a lengthy ride with inadequate means to stay warm.
27. As a result of the medical staff shortage, Inmates receive delayed attention to their serious medical needs and in*some cases the Inmates' serious medical needs are completely ignored. For example:
a. Inmate ST suffered a gunshot wound just before coming to Prison three years ago. A 22-caliber bullet went into his right ear, traveled through his head and settled in his left cheek. Pus has been draining from ST's right ear for the three years he has been in the Prison. The other Inmates can smell the drainage. ST's right eye won't close when he sleeps and he is gradually losing his sight in the right eye. A note in his medical chart dated June 24, 1988 indicates that some type of surgery should be considered.. Yet, ST was not sent to the UUMC for possible surgery until November 30, 1989.
b. Inmate JE fractured his thumb while playing basketball. The fracture required open surgery to align the bones and to hold the bones in place with a temporary pin. After removing the pin, doctors at the
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University of Utah Medical Center discovered a tendon had become affixed to the bone. The doctors indicated that surgery could "lift" the tendon from the bone. On October 4, 1989, a Prison physician refused JE the surgery since the situation was not life threatening, and the surgery was deemed "elective". JE is now unable to bend his thumb.
Sick Call and Medical Emergencies 28. Inmates at the Prison are given no guaranteed access to medical professionals. All Inmates must first be screened at a sick call and are referred for medical treatment only if the staff person conducting sick call thinks it appropriate. 29. Defendants fail to provide prompt attention to medical emergencies and fail to provide adequate emergency medical services. The Prison does not provide safe and timely emergency services twenty-four hours a day on a par with accepted contemporary national standards and as required by APHA Standards. The condition of sick and injured Inmates is allowed to deteriorate until medical problems become emergencies, and emergencies become life-threatening. For example:
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a. Inmate AM injured his face during Prison work and his nose hemorrhaged severely. Prison personnel applied pressure on the nose for four hours as the sole method of treatment. Three days later, AM's nose again started to bleed profusely. Once again he was given only first-aid treatment for about four hours. This treatment did not stop the hemorrhage and AM required four days of hospitalization at the University of Utah Medical Center. Not only does such neglect inflict unnecessary pain on the Inmates, it necessitates further care that would have been unnecessary if the condition were promptly treated.
b. Inmate HA developed severe abdominal pains and vomiting caused by gallstones on June 17, 1989. HA was not seen by a doctor until June 23, 1989. He was not tested for gallstones until June 28, 1989, and did not have gallbladder surgery until July 18, 1989, despite continuing severe pain and vomiting for a period of approximately one month.
c. Inmate BR suffered abdominal pain and swelling from a peptic ulcer for about eighteen months. He consulted the Prison medical department on June 21, 1988, complaining of right upper quadrant pain, and was
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prescribed Sudafed (a cold medicine). BR was told that his condition was most likely chronic hepatitis. BR, like all Inmates, was allowed to see a physician only when a non-physician so recommended. Nevertheless, he continued to complain to the Prison medical department, and was finally sent to the University of Utah Medical Center for evaluation. Riopan (an ulcer medication) was prescribed for the first time on May 8, 1989, over one year from the first onset of symptoms.
d. Inmate TE has a heart condition. Another Inmate witnessed TE suffering an apparent heart attack. The unlicensed medical technician who responded did not start oxygen or an IV, was not prepared to do CPR, and left TE for upwards of thirty minutes during the emergency. Additionally, TE was allowed to walk to the stretcher and was carried down several flights of stairs without being strapped to the stretcher. This handling of the emergency represents a gross deviation from standards of care typically practiced by emergency medical technicians.
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Failure to Treat Chronic Medical Conditions 30. Defendants fail to provide adequate medical
care for chronic conditions. Chronic conditions are left untreated until they become emergencies or until an Inmate's health has deteriorated beyond recovery. This failure constitutes a deliberate indifference to the serious medical needs of Inmates. For example:
a. Inmate UL complained that he was losing vision in his right eye over a period of several months. UL was told that he needed to sign up on a list to see the eye doctor and that an appointment would take several months. UL had cataracts of both eyes and needed surgery on both eyes.
b. Inmate CA is a diabetic. The Prison refused to give CA a special diet necessary for his diabetes despite recommendations by the prison dietician. The Prison has not adjusted CA's insulin dose and does not give him his insulin on time so that his diabetes remains in poor control. In three years at the Prison, CA recalls having his blood sugar tested only three or four times. The Prison refuses to give him adequate urine and blood testing equipment necessary for him to monitor his diabetic condition. The
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Prison has not evaluated his diabetic status in approximately fifteen months. The Prison does not provide diabetics with sugar for emergency use, and instead requires Inmates to buy their own emergency supply (if they have the funds). Guards are not permitted to administer sugar to diabetics in insulin shock even though diabetics cannot administer sugar to themselves during this emergency and personnel with medical training may not be close at hand. CA has tried to get moved closer to the medical facility, but the Prison refuses to issue a medical override allowing him to do so.
c. Plaintiff Sandra Henry, an HIV-positive Inmate, had a T4 lymphocyte count of 396 on September 24, 1989. On June 7, 1989, her T4 lymphocyte count was 150. Federal Standards established by the Health and Human Services and guidelines promulgated by the Center for Disease Control mandate that Henry receive AZT in order to retard the disease and to prevent complications. Henry repeatedly requested AZT for her HIV-positive condition. Her requests were denied. Henry attempted to use the grievance procedure to obtain this necessary treatment. Her attempts were
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unsuccessful. Henry was recently seen by a physician at UUMC who was shocked to learn that she had been unable to obtain AZT treatment. He has taken it upon himself to personally intervene on her behalf. Through his efforts she has been receiving AZT since early December.
d. OL is an Inmate with AIDS. His T4 cell lymphocyte count was 278 as of September 21, 1989. He is receiving no treatment for his AIDS condition although he has requested that treatment, and although current guidelines call for AZT to retard the disease and to prevent complications. OL has tried to get dental care, but the dentist refused to render dental care since that care might result in bleeding, even though the dentist was wearing four sets of gloves and a full plastic or rubber apron. Such hysteria is unwarranted under the circumstances and deviates grossly from community standards for the treatment of dental patients with AIDS. Additionally, OL suffers from rectal warts. The Prison has treated these warts only with "acid" applied to the rectal area and has denied OL proper • medical treatment for his wart condition.
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Failure to Control Infectious Diseases 31. Defendants do not perform,tests to detect communicable diseases and do not immunize or vaccinate new Inmates upon their arrival at the Prison. Defendants have failed to develop a comprehensive infectious disease plan to prevent and control the spread of infectious diseases within the Prison population. 32. The Federal Standards require that each new Inmate receive laboratory and diagnostic tests to detect communicable diseases including venereal diseases and tuberculosis within ten working days of their arrival at the Prison. The ACA Standards require that all new arrivals receive needed immunizations and vaccinations. The Norman Report recommended instituting an infectious disease plan. 33. Defendants' failure to identify and treat infectious diseases among Inmates according to a comprehensive infectious disease plan not only jeopardizes the health of Inmates with infectious diseases, but exposes the remainder of the Prison population to the spread of infectious diseases. This failure constitutes a deliberate indifference to the serious health needs of all Inmates.
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Inadequate Dental Care 34. Defendants employ only two part-time dentists for the entire Prison population. Inmates receive no dental screening or routine dental hygiene upon admission to the Prison and Inmates must wait an average of eight to ten weeks.to receive non-emergency dental care. The Federal Standards require that dental screening be provided within fourteen days of admission, dental hygiene services be provided within thirty days of admission, and dental examinations be provided within three months of admission to the Prison. The APHA Standards require that Inmates be examined at least annually. 35. The Inmates' serious dental needs receive delayed attention and are sometimes ignored. As an example, Inmate HA began suffering from an impacted wisdom tooth in January 1989. HA, other inmates, his supervisor, and Prison guards all sought to get him a dental appointment. The pain and swelling became so severe that HA could not eat, close his mouth, or sleep at night. In March, HA finally attempted to alleviate the swelling himself with an X-Acto knife. Finally, on April 7, HA was seen by a dentist. The tooth was extracted on August 9, more than half a year after the onset of the condition.
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Inadequate Pharmacy Services 36. Physicians at the University of Utah Medical Center frequently prescribe medications for Inmates placed under their care. In many cases, Inmates are not given those medications at the Prison. Inmates are told that the Prison does not have that particular drug or that the drug will be placed on order, even when the Prison pharmacy has the same drug under a different brand name. UUMC physicians are not notified by the Prison pharmacy when a drug UUMC physicians prescribe is not available and, thus, they cannot prescribe a substitute drug. The Norman Report documented numerous other deficiencies in the operation of the pharmacy and in the administration of Pharmaceuticals. Defendants have not corrected these deficiencies. 37. Pharmacy services are so inadequate that they constitute deliberate indifference to the serious medical and mental health needs of Inmates. For example:
a. Inmate BI is an epileptic who requires specific medication to control his seizures. The Prison told him that his prescribed medication was not allowed and the Prison placed him on a different drug. Although monthly blood checks are required to determine whether the anti-seizure drug is present at an
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effective level in the bloodstream, the Prison gave Bl no such tests in the Prison. BI suffered a seizure and injured his head. The Prison disciplined him for not taking his medication and ordered him to pay restitution for his medical expenses. Later test results showed "that BI was taking the substitute drug at its proper dosage at the time of the seizure and that the substitute drug was not adequate to control his seizures. Not only did BI receive inadequate prescription drug treatment for his epileptic condition, but he was disciplined by Prison authorities for a medical condition beyond his control.
b. Inmate TI has severe asthma. He complains that his medication level has systematically been reduced to the point that he suffers severe asthmatic attacks. Lack of necessary medication has caused several life-threatening asthma attacks requiring emergency helicopter transports to the University of Utah Medical Center.
c. Inmate UL had cataract surgery on both eyes. His physician at the University of Utah Medical Center prescribed antibiotic and steroid eye drops which were "very important" to his recovery. In order
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to be certain that UL did not go without his prescribed medication, the UUMC physician sent him back to the Prison with a small sample of the eye drops, and a prescription for those eye drops. UL repeatedly requested the prescription for eye drops be filled. He soon ran out of his sample supply and was denied an additional supply by the Prison. As a direct result of UL's inability to obtain needed medication, he has been referred back to the UUMC Opthamology Clinic to determine if further surgery is necessary.
Inadequate Medical Grievance Procedures 38. Defendants force Inmates to use the lengthy and cumbersome prison grievance procedure to address unmet medical and mental health needs, even when these unmet needs are serious and potentially life-threatening. Most grievances are reviewed only by the Prison medical staff themselves or by non-medical personnel. The Prison takes up to 14 days to review grievances at level 1 (informal), up to 21 days each at levels 2 (formal) and 3 (Inspector General), and up to 10 days at level i (Administrative Law Judge). Assuming the Inmate appeals instantly at each level, the full appeal process could be as much as 70 days, even when the grievance concerns an Inmate's need for immediate
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medical or mental health care. Lack of an adequate medical grievance procedure constitutes a deliberate indifference to the Inmates' serious medical needs.
Lack of Initial Medical Screening 39. Although current Prison policy supposedly requires a complete health appraisal within thirty days after an Inmate is admitted to the general Prison population, Defendants have allowed the Prison staff to fall approximately one year behind in performing these health appraisals. Federal Standards require that an initial health screening be done before an Inmate is placed in the general prison population and that a complete health appraisal be performed within ten working days. The Norman Report recommends a receiving (intake) screening. The failure to perform an intake screening exam and initial health appraisal constitutes a deliberate indifference to the serious medical needs of the Inmates. For example: Inmate CA indicated that he was diabetic on a health history form he filled out when he entered the Prison. He was not seen by a physician for this condition and no provision was made to ascertain his insulin needs or provide him with insulin. As a result, CA
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suffered a life threatening episode of diabetic coma and required emergency transport to UUMC.
Inadequate Mental Health Staffing and Facilities 40. Defendants have failed to create an adequate
number of positions for qualified mental health personnel and have failed to fill the positions that are available. Between twenty-five percent and thirty percent of the entire Prison population is estimated to have some form of mental illness; however, only one psychiatrist works part-time to supervise the mental health treatment of all Inmates. Inmates receive most mental health counseling (when available at all) from social workers rather than psychologists or psychiatrists. These social workers have other obligations that conflict with their role as therapists. As a result, patient/therapist confidentiality is breached. Moreover, the nature of these conflicting roles prevents social workers from providing individual therapy. Defendants' failure to hire an adequate number of qualified mental health personnel constitutes a deliberate indifference to the serious mental health needs of Inmates.
41. Defendants fail to provide adequate facilities to house Inmates needing mental health care. This constitutes deliberate indifference to the serious mental
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health needs of Inmates. The Federal Standards require that a separate facility for all inmates with severe emotional disturbances be provided for treatment. Defendants provide only: (1) a 6-bed infirmary to serve the needs of the acutely mentally ill, (2) a 125-bed special services dormitory and (3) the Forensics Unit at the Utah State Hospital. Only twenty beds are allocated for individuals with mental illness at the Special Services Dormitory. As a result, Inmates with severe emotional disturbances are housed in the general population.
42. The Federal Standards require that all inmates have non-emergency access to mental health services, that inmates must be seen by a mental health professional no later than forty-eight hours after a request, and that a psychiatrist must see the inmates he is treating at least every two weeks when they have become stable on their medicat ions.
43. The following examples illustrate the gross deficiencies in the mental health care Defendants provide at the Prison:
a. Inmate SO suffers from paranoid schizophrenia. He experiences hallucinations and has exhibited bizarre behavior. He has attempted suicide. SO
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is currently receiving dosages of psychotropic medications consisting of Haldol, Thorazine, and Tegretol. He has not seen a psychiatrist in the four months since he was moved from the Special Services Dormitory to the general population. During these last four months, he has received no therapy for his schizophrenia.
b. Inmate LO suffers from major depression and pedophilia. He was transferred in September from the Utah State Hospital to the Prison. While at the hospital, LO received individual therapy, group therapy, and psychotropic medications. His condition improved significantly during the two years spent at the hospital. In the past three months at the Prison, however, LO's condition has deteriorated. LO has become severely depressed. He isolates himself andwithdraws from all contact with people at the Prison. He requested to see a psychiatrist in order to have, his medications reviewed because the medications are causing side-effects, but has not seen a psychiatrist. He requested mental health services through the ReVamp program offered at the Special Services Dormitory immediately upon entering the Prison, yet has never received a response. In his three months at the
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Prison, LO has received no counseling services to assist him with his depression and pedophilia.
c. Inmate MO suffers from drug and alcohol abuse and schizophrenia. He resides currently at the Special Services Dormitory. Although he does see a psychiatrist occasionally, these visits only last on the average four to five minutes. MO is never able to complete his conversations with the psychiatrist during these short intervals.
d. Inmate DO suffers from dysphoria and dysthymia. He currently resides at the Special Services Dormitory. He receives group therapy only twice each month. This therapy is inadequate, often consisting only of playing basketball, pasting pictures, and talking about "getting along better with other people."
Mental Health Emergencies/Suicide Prevention 44. Because Defendants fail to provide adequate
counseling, the mental health of Inmates is allowed to deteriorate. Crisis intervention is the primary method of mental health care. The APHA Standards call for direct treatment including suicide prevention for all Inmates with mental health problems. The Norman Report documented many deficiencies in the Prison's mental health care program.
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Despite the Federal Standards, the APHA Standards and the Norman Report recommendations, Defendants- have not improved mental health services they provide in crisis situations. This constitutes deliberate indifference to the serious mental health needs of Inmates.
45. Examples of the gross inadequacies include: a. Inmate SO suffers from paranoid schizo-
phrenia. During the time he resided at the Special Services Dormitory, he became so despondent that he attempted suicide by drinking a caustic liquid mixed with Coke. His only treatment was "group therapy" twice each month which often consisted only of playing basketball and pasting pictures.
b. Inmate HO was transferred from the State Hospital to the Prison in June 1,989. Since then he has attempted suicide four times, by hanging himself, by slashing his wrists twice, and by attempted electrocution. He has spent the last six months at the Prison Infirmary (not the Special Services Dormitory) and has received no counseling.
Inadequate Chronic Mental Health Care 46. Inmates with chronic mental health problems receive no treatment unless they reside in the Special
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Services Dormitory or are sent to the Forensics Unit at the Utah State Hospital. Federal Standards require evaluation, treatment, a treatment plan written by a doctor, training of all Prison personnel in recognizing symptoms of mental illness, nonemergency access to mental health services, and close supervision of mentally ill or retarded Inmates. Failure to provide adequate evaluation, treatment and supervision constitutes a deliberate indifference to the serious mental health needs of chronically mentally ill or retarded Inmates. Examples of these deficiencies include:
a. Inmate LO resides in the general population. He suffers from depression and pedophilia and receives no therapy.
b. Inmate SO resides in the general population. He suffers from paranoid schizophrenia and receives no therapy.
c. Inmate GA resides in the general population. He has been diagnosed as suffering from paranoid schizophrenia, manic depression, and multiple personality disorder. He currently receives no therapy.
Inadequate Mental Health•Screening 47. Defendants refuse to conduct voluntary psychological tests on new inmates and perform only a mental
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health history. Mental illness and mental health problems are not adequately identified and evaluated when an inmate enters the Prison. The Federal Standards require a psychiatric evaluation to be done by qualified prison personnel upon all inmates when they are admitted to a prison. The Norman report concurs that such evaluations must be done. Defendants' failure to conduct these examinations constitutes deliberate indifference to the serious mental health needs of Inmates.
Mental Health Treatment As A Luxury 48. Defendants regard mental health treatment as a reward and a luxury. Defendants use denial of mental health care as a form of punishment. Inmates who are considered a management problem are not allowed to receive mental health treatment. If Inmates violate the rules of the Special Services Dormitory, they are placed back into the general population. Yet by the very nature of their illnesses, they may not be able to follow rules. For example: Inmate SO suffers from schizophrenia. He was removed from the Special Services Dormitory into the general population for exhibiting aggression and a poor attitude. He now receives no treatment. This failure to provide mental health treatment for all individuals
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with mental illness constitutes a deliberate indifference to serious mental health needs.
Brutality Towards Mentally 111 Inmates 49. Prison guards physically mistreat and brutalize Inmates who are suicidal or mentally ill, twisting their arms, "tazoring" their bodies with electric prods, and placing them in "strip cells" without clothes, blankets or other source of warmth. Defendants are aware of these barbarous practices but refuse to correct them.
CLAIM FOR RELIEF 42 U.S.C. S 1983
50. Paragraphs 1 through 49 are incorporated herein by reference.
51. Defendants, who are acting under color of state law, have deliberately denied and have shown deliberate indifference to Plaintiff's and other Inmates' serious medical and mental health needs. Defendants' conduct constitutes cruel and unusual punishment. In its worst cases, it constitutes physical torture. In all cases it constitutes the wanton infliction of unnecessary pain without penological purpose. Defendants' conduct violates the Eighth and Fourteenth Amendments to the United States Const itution.
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VI. PRAYER Plaintiff prays for the following relief: 1. That the Court certify, pursuant to Rule 23 of the Federal Rules of Civil Procedure, that this action is a proper class action and that Plaintiff is a proper class representative; 2. That the Court enter a declaratory judgment pursuant to Rule 57 of the Federal Rules of Civil Procedure that the conditions at the Prison resulting from inadequate medical and mental health care constitute cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments to the United States Constitution; 3. That the Court enter a permanent injunction ordering defendants, their agents, employees and other persons in concert with them to take immediate and continuing steps to remedy the constitutional inadequacies in the medical and mental health care provided at the Prison, or cease incarcerating Inmates at the Prison; 4. That the Court appoint a Special Master to determine what specific steps Defendants must take to create a constitutionally adequate medical and mental health caret system;
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5. That Plaintiff be awarded her costs and attorneys' fees pursuant to 28 U.S.C. § 1988 (4); and
6. That the Court grant such other and further relief as it deems just and proper.
DATED this j_^_VJ\day of December, 1989.
f By
W. Cullen Battle FABIAN & CLENDENIN A Professional Corporation

Plaintiff's Address: ?. 0. Box 2 50 Draper, UT 84020 RKH:121689A

Lisa A. Marcy
Robert B. Denton LEGAL CENTER FOR THE
HANDICAPPED

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 </s> Henry v. Deland PC-UT 003-002

IN THE UNITED STATES DISTRICT COURT FOR DISTRICT OF UTAH, CENTRAL DIVISION

SANDRA HENRY, on behalf of herself and others similarly situated;
Plaintiff,
v.
GARY W. DELAND, Director, Utah Department of Corrections; O. LANE McCOTTER, Director of Institutional Operations, Department of Corrections; LYNN JORGENSON, Warden, Utah State Prison; DANIEL LEATHAM, Bureau Chief of Support Services, Utah State Prison; RUSSELL STEVENSON, Director of Medical Facilities, Utah State Prison; BLEN FREESTONE, Assistant Director of Medical Facilities, Utah State Prison; GERALD O'BRIEN, Assistant Director of Medical Facilities, Utah State Prison;
Defendants.

Civil No. 89-C-1124 J
STIPULATION OP SETTLEMENT OF MENTAL HEALTH CLAIMS

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Subject to its approval, the Court may enter an Order embodying the following provisions:
WHEREAS, this action was commenced on December 18, 1989, by Plaintiff on her own behalf and on behalf of all inmates who are confined, and who may be confined at the Utah State Penitentiary at Draper, Utah [USP, hereafter], and who are seeking injunctive and declaratory relief regarding claimed constitutional inadequacies in medical and mental health care; and
WHEREAS, Defendants filed their answer on February 21, 1990; and
WHEREAS, class certification was granted by this Court on April 24, 1990; and
WHEREAS, the parties agree that the Court has jurisdiction over this action and the parties and that the Court has the authority to order the relief set forth in this Stipulation; and
WHEREAS, the parties have exchanged relevant documents and have engaged in substantial discovery; and
WHEREAS, the parties, without conceding any infirmity in their claims or defenses, have agreed that the terms of this Stipulation are appropriate; and
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WHEREAS, this Stipulation deals only with the mental health care aspects of the complaint; and
WHEREAS, nothing in this Stipulation shall be construed as evidence of an admission by Defendants of any violation of any law, regulation, rule or order; and
WHEREAS, nothing in this Stipulation shall be construed as evidence of an admission by Defendants that Defendants maintained a policy or practice that was intended to result or, in fact, resulted in the deprivation of any rights, privileges or immunities of any member of the Plaintiff class;
IT IS HEREBY STIPULATED:
MENTALLY ILL 1. The Plaintiffs and Defendants estimate that some fifteen
(15) percent of the inmate population of USP suffer from mental illness as defined in Para. 4. This epidemiological statement is derived from a consensus of the existing literature on point and estimates by staff and experts.
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MISSION STATEMENT 2. The USP hereby adopts the following mission statement
with regard to its legal obligation to provide adequate mental health services to the population as estimated above:
a. To reduce the disabling effects of mental illness in order to maximize each inmate's voluntary participation in such treatment programs as exist within the prison;
b. To reduce the unnecessary extremes of human pain and suffering caused by mental illness; and
c. To help keep the prison safer for staff, inmates, volunteers, visitors and the surrounding communities. GENERAL APPROACH TO MISSION OF MENTAL HEALTH SERVICES
3. USP officials agree that adequate numbers of mental health professionals, as agreed in this Stipulation, and other appropriate staff must be employed so that:
a. all inmates entering the USP system are adequately screened for signs of mental illness;
b. when such signs or symptoms are observed, a more thorough evaluation shall be performed by a mental health professional, as defined below;
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c. where so indicated, an individual treatment plan will be developed for the inmate with complete and regular charting to take place thereafter; and
d. that a variety of services and levels of care shall be available thereafter to such inmate.
Mental health professional is defined as a person who is qualified by training and experience to provide diagnostic, rehabilitative, or therapeutic services to persons with mental illness. Generally, this will require at least a Masters or Doctoral degree in a mental health profession; such as psychiatry, psychology, social work or psychiatric nursing. MENTAL ILLNESS DEFINED
4. In order to more precisely identify inmates suffering from a mental illness, the following definition is adopted by the USP:
Mental illness means a psychiatric disorder which substantially impairs an inmate's mental, emotional, behavioral, or related functioning. Mental illness does not mean a personality or character disorder or abnormality manifested only by repeated criminal conduct. TREATMENT MODALITIES 5. Recognizing that there are a variety of professionally acceptable modalities for treating all mental illnesses, the USP shall incorporate the professional judgment of the USP's mental
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O 1. O5. 94 11:3 9 A M

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health professionals in the continuance of existing programs and in the creation of nev programs and physical facilities. A multidisciplinary approach is hereby adopted so that persons trained in the various mental health professions, as defined in Para. 3, work together to maximize the appropriate treatment for the seriously mentally ill inmate.
It is imperative that security, medical and mental" health staff be available to inmates on a twenty-four (24) hour basis and have opportunity for input to the treatment team at all stages of the treatment process. Such input will include not only security issues but specific behavioral observations which are necessary to help prescribe and assess the effects of treatment. RECEPTION AND ORIgHTATlQfl
6. Screening. Within twenty-four (24) hours of arrival, each inmate will be screened for mental illness, psychiatric crisis, withdrawal from alcohol or drugs, or suicide risk. The screening process will have the following elements: a. Training} Adequately trained staff, either correction, medical, or mental health, will complete the screening.

b. Standardization: A standard protocol will be utilized to avoid an idiosyncratic process where the identification of mental illness depends upon which screener is on duty.
c. Low threshold: The screening must have a low threshold for referral to follow-up evaluation. That is, any indication of either history or current evidence of mental illness or psychiatric crisis must result in referral for further evaluation.
d. Results: The results of the screening must be clearly and legibly documented and available to those responsible for medical and psychiatric care, housing assignments, liaison to outside agencies and similar decisions. Appropriate care will be taken to protect the confidentiality of such information.
7. Follow-up Evaluations. When an inmate is identified through the screening process or by referral as likely to need further evaluation or treatment, such inmate will be seen as soon as necessary but in all cases within seventy-two (72) hours by a mental health professional, as defined in Para. 3. The evaluation need not include a full battery of psychological tests, but must be adequate to answer the questions posed. When an inmate is identified at this stage as requiring mental health services, then the appropriate service shall be made
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available as promptly as the condition or diagnosis dictates based on the judgment of the appropriate mental health professionals.
8. Mental Health Services Orientation. As a basic part of the inmate's initial reception and orientation to the USP, each inmate shall receive written material, prepared in simple language, which explains what mental health services are available at any unit or site within the USP. Such written material will be supplemented by a verbal session conducted by a trained staff member at which time the written material is further explained and questions answered. Every reasonable effort will be devoted to resolving problems associated with language barriers to assure that every inmate understands the written and oral material. The objective here is to be certain that every inmate is notified of what mental health services exist and how to gain access to such services. TRAINING 9. Staff will receive special pre-service, followed by regular in-service, training in the following: a. Recognition of signs and symptoms of mental illness in the inmate population;
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b. Recognition of signs and symptoms of chemical dependence and withdrawal therefrom;
c. Recognition of signs and symptoms of adverse reactions to psychotropic medication;
d. Recognition of signs and symptoms of mental health emergencies and specific instructions on contacting the appropriate professional care provider and taking other appropriate action;
e. Suicide potential and prevention; f. Instructions on procedures for mental health referrals; g. Safe and appropriate use of restraint and seclusion; and h. Identification and use of least restrictive and intrusive means of problem resolution. All such training shall be made a matter of record and such records shall indicate the individual's attendance and the course content. REFERRAL SYSTEM 10. Referral is the process by which an inmate, having been initially identified or self-identified as possibly in need of mental health services, is provided with the opportunity for appropriate mental health evaluation or, in a crisis, the most
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expeditious means for gaining access to appropriate mental health services.
On entry into the USP system, inmates who may require mental health services will be identified and provided access to services, in accordance with Paras. 6, 7, and 8.
Inmates who thereafter may seek or require mental health services may be self-referred or may be referred to evaluative or mental health services by any staff member. This referral shall be made to the inmate's social service worker. The inmate's social service worker shall complete a mental health referral form and forward the form to the relevant services administrator.
Inmates shall be evaluated and services provided as efficiently as the particular condition, including the need for crisis responses, calls for in the judgment of appropriate USP mental health professional staff. NEEDS ASSESSMENT
11. USP staff shall employ procedures to identify inmates currently in the USP who may not have had the full benefit of the enhanced screening, evaluation, and access to the appropriate mental health services and provide them with access to such services as are appropriate for their current mental health needs.
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The USP staff shall employ procedures to identify inmates who may be seriously mentally ill and in need of appropriate services; USP staff also shall disseminate to those identified inmates, by way of written and oral notice, the details of the mental health programs created herein and explain how to gain access to such programs. MENTAL HEALTH SERVICES IN GENERAL
12. The treatment needs of seriously mentally ill inmates will vary with their diagnosis, behavior, and prognosis; and will vary with the individual inmate over time.
To meet these varied diagnostic and treatment needs, the USP will provide adequate mental health services designed for:
a. Follow-up evaluations, according to Para. 7; b. Crisis intervention; c. Inpatient services -
(i) Acute beds, (ii) Intermediate/Longer-term residential care beds; and d. Clinical services for general population inmates. Each of these services, along with required staffing, will be further described in the succeeding paragraphs.
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PROFESSIONAL STAFFING 13. Separation of Functions. Mental health professionals who participate in administra-
tive decision-making processes related to inmates, such as, but not limited to, classification, parole and furlough, will be other than those mental health professionals directly involved in the treatment or counseling of inmates as a part of an inmate's treatment program.
14. Staffing. a. Defendants agree to staff the USP mental health services, as outlined in Para's. 17 through 20 of this Stipulation, with the following full time equivalents: 1 - Unit Chief (any Master's degree or mental health professional as defined in Para. 3 ) . 3 - Medical Doctors [M.D.] (with extensive training and/or experience in psychiatric diagnosis and treatment, and at least two who will be Psychiatrists). 5 - Ph.D. level Psychologists (at least two who will be Licensed Psychologists). 4 - Social Workers [MSW]. 1 - Psychiatric Nurse Supervisor [MSN].
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6 - Registered Nurses [RN], 2 day, 2 night, 2 evening (includes relief).
2 - Clerical staff (at least one with medical records training).
The staffing described above does not include substance abuse counseling, sex offender services, nor the normal prison counseling/case management function.
b. Evening, Night and Weekend Coverage. Evening and weekend coverage will be provided on-call on a rotating basis by a psychiatrist or physician familiar with the use of psychotropic medication and psychological and/or social work staff. Night coverage will be provided via telephone on an on-call basis and on-site consultation when necessary by all mental health professional staff. 15. Staffing Levels. The mental health resources agreed to herein, and especially the staffing of mental health programs and the provision of the variety of mental health services, is based on a USP population of three thousand (3,000) inmates. The Defendants hereby agree that significant increases or decreases in said population shall either require a commensurate
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increase, or allow a commensurate decrease, in the agreed upon mental health program staff and the requisite mental health services.
Should the average monthly resident inmate population increase by twenty (20) percent then the Defendants agree to notify Plaintiffs' counsel, who shall also then be notified of the details of a plan designed to meet the expected increased demand for mental health services.
Any proposed decrease in staffing or services may be instituted in the same fashion and subject to the same process as increases.
Any dispute concerning the implementation of this paragraph shall be resolved in accordance with Para. 40.
16. Licensure. Except as permitted under Utah Code Ann. S 58-25A-10, unlicensed staff may not be utilized to provide mental health services. Procedures to assure the timeliness of license renewal shall be adopted and promulgated. CRISIS INTERVENTION 17. Inmates shall have prompt access to crisis services. Crisis services may be initiated by any institutional staff
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member and may include the following treatment modalities as deemed clinically appropriate by USP mental health professionals:
a. Psychotropic medications; b. Special management precautions — these precautions, based on professional judgment, may involve one to one measures, special housing options, constant observations, or other appropriate observation procedures; c. Verbal counseling, which may range from psychotherapy approaches to simply providing information or support; d. USP mental health professionals will assist other institutional staff concerning the handling of inmates who experience crisis; and e. Resolution of any crisis will include some attention to prevention of a reoccurrence. ACUTE BEDS 18. The USP agrees to provide twenty-eight (28) acute beds, which will include the following features: a. Trained staff to deal with inmates who may be acutely suicidal, dangerous to others, or otherwise experiencing a severe mental health crisis;
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b. A physically safe environment with adequate visibility into individual cells where several suicidal patients can be observed by one (1) staff member; and
c. Structured out-of-cell daily activity except where documented as clinically or custodially contraindicated. INTERMEDIATE/LONGER-TERM RESIDENTIAL BEDS;-7
19. For inmates who are unable to function in the general population due to serious mental illness, the USP will provide fifty (50) intermediate/longer term residential beds.
a. The intermediate/longer term residential setting will serve 3 different populations:
i. "Halfway in" - inmates for whom transfer to this less stressful therapeutic setting will prevent an inpatient hospitalization;
ii. "Halfway out" — inmates returning from inpatient hospitalizations who require a "decompression chamber" prior" to returning to the general population; and

1/ Note: The staffing for this unit is essentially included in the staffing list outlined in Para. 14. Of those staff, the following will be specifically assigned to the intermediate/longer term residential unit:

* ***

1 - Ph.D. psychologist who directs the unit; 1 - social worker; 1 - psychiatric nurse; and

1 - case manager/social service worker, separately budgeted.
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iii. Inmates who are never able to adapt to the general population and who will likely remain in this setting for the duration of their prison sentence.

b. The intermediate/longer term residential setting will

have the following features:

i. An environment in which inmates are protected from general population predatory inmates;

ii. Ongoing therapeutic programming, to include psychoeducational, behavioral and psychiatric rehabilitative components;

iii. Orientation, within the limits of the inmates' comprehension, about their mental illness and the medications they are being prescribed; and

mode1.

iv. Group meetings along a "therapeutic community"

CLINICAL SERVICES FOR GENERAL POPULATION INMATES

20. Mental health services for inmates in the general popu-

lation will include options of psychotropic medication, various

types of individual and group psychotherapy, and case management

(i.e., support, advocacy, information, advice). Maintenance of

inmates in the setting appropriate for their security status

shall be considered a very important aspect of this entire mental

health program.

HIGH SECURITY INMATES

21. Inmates in high-security areas may require services

from mental health staff in order to achieve early identification

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of acute exacerbations of mental illness or psychiatric crisis. The USP will provide at least two (2) hours per work day of on-site mental health professional staff, as defined in Para. 3, in such units.
While treatment needs may require the temporary movement of such inmates into mental health treatment settings, the classification of all inmates remains the responsibility of the classification officer, who is not a mental health professional, as is presently done. PSYCHIATRIC MEDICATION; PRESCRIPTION AND MONITORING
22. In all instances, psychotropic medication must be prescribed only by a psychiatrist or physician familiar with the use of psychotropic medication in accordance with generally accepted pharmacological principles and contemporary national standards. Psychotropic medication shall be dispensed only when clinically indicated.
Any patient placed on psychotropic medication must have appropriate medical monitoring where indicated and evaluation of efficacy in all cases. Every inmate receiving psychotropic medication will be seen and evaluated by the treating physician at least once a week until stabilized and thereafter at least every two weeks or at a community acceptable level of monitoring.
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Female inmates shall be cautioned of the potential risks of taking psychotropic medication while pregnant.
The medical and psychiatric records of all inmates receiving psychotropic medication shall be reviewed by USP mental health staff in order to assure documentation of professionally acceptable follow-up procedures and especially the frequency of medical monitoring and blood tests for Lithium, and for other medications requiring medical monitoring and blood testing, and to address other psychiatrically sound concerns. TRACKING SYSTEM
23. The USP shall create and maintain an efficient record-keeping system for the seriously mentally ill, using the technology it deems appropriate, so that any mental health professional is able to maintain continuity of care by having timely access to any such records as are required.
An interdisciplinary team of USP mental health professionals shall undertake a systematic and periodic quality assurance review of the records of seriously mentally ill inmates receiving mental health services. Such review is designed to assure that all inmates receive continuity of care consistent with the exercise of professional judgment. Appropriate care will be taken to protect the confidentiality of such information.
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INPATIENT BEDS 24. Even with a system of mental health care within the
prison, such as described herein, it is possible that at any given time there will be a small number of inmates whose illness is so severe as to require, transfer to an inpatient psychiatric setting outside of the USP. Such transfers will be made on an as needed basis in the opinion of USP mental health professionals.
USP also agrees to develop procedures for transferring an inmate to an inpatient psychiatric unit outside of the USP when it is advised by its mental health professionals that the transfer is needed. POLICIES AND PROCEDURES; COMMITMENT TO ADOPT
25. The Defendants believe that the adoption and regular review of Policies and Procedures relating to prison administration, including mental health services, is an administratively sound practice. It is agreed, however, that Policies and Procedures per se are not constitutionally mandated and that this agreement to adopt some such measures does not constitute a basis for subsequent review by the Court except for failure to adopt such Policies and Procedures as are agreed upon herein:
Where Policies and Procedures on point currently do not exist or are in the process of revision, the Defendants hereby
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undertake to adopt, or complete the revision, of adequate Policies and Procedures encompassing the following areas:
a. Use of psychotropic medication, including issues of consent and forced medication;
b. Criteria and procedures to be used when a seriously mentally ill inmate is to be hospitalized, in accordance with Para. 19;
c. Use of restraints and seclusion; d. Confidentiality in the clinician/patient relationship and in the maintenance of mental health services treatment records; e. The maintenance of professionally sound psychiatric and psychological records; f. Discharge planning for inmates receiving, or having received, mental health services; g. The adoption of a quality assurance program; h. Transfer of seriously mentally ill inmates between housing units; i. Education and training of correctional and mental health services staff; and j. The articulation of the relationship between mental
health services staff and medical services staff.
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Written suggestions for the content of any of the above areas for Policy and Procedure coverage may be provided by the Plaintiffs' lead counsel to the attorney for the Defendants and such suggestions will be duly studied and considered for inclusion. TWO YEAR COMPLIANCE
26. Defendants have two (2) years from the Court's approval of this Stipulation [the "Order"] to come into compliance with the provisions of this Stipulation.
a. Defendants' compliance with this Stipulation will be assessed by an Impartial Expert ["Impartial Expert"].
b. The Impartial Expert will be selected jointly by Plaintiffs' mental health expert and Defendants' mental health expert, to carry out the responsibilities set forth in this Stipulation.
c. If the Impartial Expert is unable to fulfill his or her responsibilities under this Stipulation, Plaintiffs' mental health expert and Defendants' mental health expert will jointly select another Impartial Expert to do so.
27. Defendants agree to provide the Impartial Expert and Plaintiffs' counsel with written progress reports ["Progress Reports"] in six month intervals during the first two (2) years following the Court's approval of this Stipulation, plus a final
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Progress Report at the end of the third year following the Court's approval of this Stipulation. Such Progress Reports will describe the Defendants' progress toward compliance with this Stipulation.
28. The Impartial Expert and Plaintiffs' designee, shall be permitted to conduct a total of three (3) on-site visits to the USP during the first two (2) years following the Court's approval of this Stipulation. Such on-site visits shall occur at intervals to be determined by the Impartial Expert, but in no case more frequently than every six (6) months, or less frequently than every one (1) year. In addition, the Impartial Expert and Plaintiffs' designee shall be permitted a final on-site visit at the end of the third year following the court's approval of this Stipulation.
29. On-site visits will be up to two (2) days in duration. All expenses and costs associated with the work of the Impartial Expert shall be paid by Defendants. All parties shall cooperate to ensure that the Impartial Expert may complete the on-site visits within the two (2) day period allotted for such visits.
a. Costs of the four (4) on-site visits shall not exceed thirty thousand ($30,000).
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b. If the completion of the on-site visit is delayed due to natural events, events relating to the operation of the prison, or conduct of defendants or their personnel, any of which would have a material effect on the Impartial Expert's ability to conduct the on-site visit, the length of the on-site visit shall be extended accordingly, at Defendant's additional expense.
c. Otherwise, if Plaintiffs believe the two (2) day on-site visit is not satisfactory, it shall be the financial obligation of the Plaintiffs shall be responsible for any additional expenses and costs of the Impartial Expert, not to exceed one (1) additional day.
30. The Defendants may select a designee to accompany the Impartial Expert and Plaintiffs' designee during the on-site visit. Neither Plaintiffs' designee nor Defendants' designee need be the same person for each on-site visit.
a. During such on-site visits, the Impartial Expert may review all matters referred to in this Stipulation, and that are not otherwise legally privileged.
b. The Impartial Expert, accompanied by Plaintiffs' designee and Defendants' designee, may speak with any Defendant or staff member of the USP.
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c. The Impartial Expert may engage in private conversations with any class member.
d. The Impartial Expert shall abide by all Court orders regarding confidentiality of individual inmate prison files and medical/mental health files.
31. The Impartial Expert will prepare a written report of his or her findings, within thirty (30) days of each on-site visit and send a copy to Plaintiffs1 and Defendants' counsel.
32. The role of the Impartial Expert shall be advisory on matters of compliance. Should the Impartial Expert have the opinion at any time that the Defendants are not in substantial compliance with any matter herein, then the Impartial Expert shall notify Plaintiffs' and Defendants' counsel in writing of such opinion. CONTINUING JURISDICTION
33. The Court shall retain jurisdiction over this action for a period of three (3) years for the purpose of enforcing the provisions of this Stipulation. In the event of any motion for relief based upon Defendants' alleged non-compliance, Defendants shall be considered to be in compliance with the provisions of this Stipulation unless Plaintiffs make a showing by a preponderance of the evidence that Defendants' failures or omissions to
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meet the terms of this Stipulation are not minimal or isolated, but are substantial and widespread.
34. Should the Plaintiffs establish that the Defendants are not in compliance, as set forth above, the Court may:
a. alter the frequency or extend the period of Defendants' "Progress Reports" and the on-site visits by the Impartial Expert for the sites or functions found to be out of compliance;
b. extend the compliance period, but only for the sites or functions found to be out of compliance and by no more than one (1) year increments; and
c. extend its jurisdiction over this action, but by no more than one (1) year beyond the date that Defendants are in compliance with this Stipulation.
Defendants shall bear the costs of any additional on-site visits required by Defendants' non-compliance with this Stipulation. However, such additional costs shall be subject to a cost limitation proportionate to that set forth in Para. 29, as adjusted for inflation. For example, if two additional visits are required by Defendants' noncompliance, the cost of such visits shall not exceed $15,000, plus additional amounts, if any, for inflation.
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EARLY COMPLIANCE 35. In the event Defendants" believe they are in full com-
pliance prior to the expiration of the two (2) years following the Court's approval of this Stipulation, Defendants shall notify the Impartial Expert and Plaintiff's counsel in writing of such belief.
36. Within ninety (90) days thereafter, the Impartial Expert will conduct an on-site visit of up to two (2) days in duration. This on-site visit shall not be counted as one of the four on-site visits under Paras. 28 and 29 above. Costs for this on-site visit will be paid by Defendants and will not exceed $5,000.
a. If the completion of the on-site visit is delayed due to natural events, events relating to the operation of the prison, or conduct of defendants or their personnel, any of which would have a material effect on the Impartial Expert's ability to conduct the on-site visit, the length of the on-site visit shall be extended accordingly, at Defendant's additional expense.
b. Otherwise, if Plaintiffs believe the two (2) day on-site visit is not satisfactory, Plaintiffs shall be responsible for any additional expenses and costs of the Impartial Expert, not to exceed one (1) additional day.
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37. The Impartial Expert's on-site visit will be conducted according to Para. 30.
38. The Impartial Expert will prepare a written report within forty-five (45) days of the on-site visit either affirming or rejecting Defendants' assertion of full compliance, and will send a copy to Plaintiffs' and Defendants' counsel.
39. In the event the Impartial Expert finds the Defendants have achieved early full compliance, the Impartial Expert and Plaintiffs' designee shall make one (1) final on-site visit at the end of one (1) year following the Impartial Expert's finding of early full compliance. The Impartial Expert's final on-site visit will be conducted according to Paras. 30 and 36. The Impartial Expert will prepare and send a written report according to Para. 38.
40. If, after the final on-site visit, the Impartial Expert finds the Defendants are still in full compliance, Defendants' counsel may submit the Impartial Expert's determination to the Court and request an early dismissal of the action.
41. If the Impartial Expert finds, during either of the on-site visits, the Defendants have not achieved early full compliance, the provisions regarding two year compliance and
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continuing jurisdiction (i.e., Paras. 26 through 34) will be fully reinstated. DISPUTE RESOLUTION
42. In the event a dispute arises as to whether Defendants have failed to comply with the terms of this Stipulation, counsel for the parties shall proceed as follows:
a. Counsel for the parties shall make a good faith effort to resolve any difference which may arise between them over matters of compliance. Prior to the institution of any proceeding before the Court to enforce the provisions of this Stipulation, Plaintiffs' counsel shall notify Defendants' counsel in writing of any claim that Defendants are in violation of any provision of this Stipulation.
b. Within ten (10) business days of the receipt of this notice, counsel for Plaintiffs and Defendants shall meet in an attempt to arrive at an amicable resolution of the claim. If after ten (10) business days following such meeting, the matter has not been resolved, Defendants' counsel shall be so informed by Plaintiffs' counsel, in writing, and Plaintiffs may then have due recourse to the Court.
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43. This Stipulation is binding on all members of the Plaintiffs' class and will settle and compromise all injunctive and declaratory mental health claims raised in any complaints that may have been filed in this action, as well as all similar systemic claims for injunctive and declaratory relief which could have been made, known or unknown, prior to the date the Order is signed by the Court. MODIFICATION OF THE TERMS OF THE STIPULATION
44. Should either party, during the life of this agreement, desire to modify any substantive provision of this Stipulation, they must, in writing, give notice to opposing counsel as to the proposed modification and is rationale.
45. Within five (5) business days, opposing counsel must respond to the proposed modification in writing by indicating their consent or their intent to oppose the proposed modification. If opposing counsel refuses to consent to the proposed modification, the petitioning party may move, pursuant to Rule 60(b)(6) of the Federal Rules of Civil procedure, for an order modifying the relevant terms of this Stipulation.
46. Unless the party petitioning for modification makes a clear and convincing showing that the circumstances justify such modification, this Stipulation shall not be altered.
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47. The parties agree to an Order implementing this Stipu lation in the form attached hereto.

DATED

day

1992.

W. Cullen Battle Kathleen H. Switzer FABIAN & CLENDENIN

R. Paul Van Dam Attorney General Attorney for Defendant

Kirk M. Torgensen Assistant Attorney General Frank D. Mylar Assistant Attorney General Attorneys for Defendants

LEGAL^eENTER flDR PEOPLE WITH DISABILITIES

0. Lane Mc Director, Utah Departmen of Correction^

Alexa P. Freeman Mark J. Lopez NATIONAL PRISON PROJECT of the AMERICAN CIVIL LIBERTIES FOUNDATION Attorneys for Plaintiffs

KHS:020392B

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 </s> Henry v. Deland

v m m • • mm ti • • • • • • » • • • • ••••
PC-UT-003-003

5 1993

cv. DEPt

RECEIVED

APR 1 6 1993
î : ü f CHIEF Jóu BRUCE S. JENKINS
IN THE UNITED STATES DISTRICT COURT FOR THE

DISTRICT OF UTAH, CENTRAL DIVISION

SANDRA HENRY/ on behalf of herself )

and others similarly situated;

)

)

Plaintiff,

v.

GARY W. DELAND, Director, Utah

Department of Corrections;

O. LANE McCOTTER, Director of

Institutional Operations,

Department of Corrections; LYNN

JORGENSON, Warden, Utah State

Prison; DANIEL LEATHAM, Bureau

Chief of Support Services, Utah

State Prison; RUSSELL STEVENSON,

Director of Medical Facilities, )

Utah State Prison; BLEN FREESTONE, )

Assistant Director of Medical.

)

Facilities, Utah State Prison;

)

GERALD O'BRIEN, Assistant Director )

of Medical Facilities, Utah State )

Prison;

)

)

Defendants.

)

Civil No. 89-C-1124 J
FINAL ORDER APPROVING AND IMPLEMENTING STIPULATION OF SETTLEMENT OF MENTAL HEALTH CLAIMS

I. RECITALS

1. On December 18, 1989, plaintiff Sandra Henry (the

"Plaintiff") brought this action on her own behalf and on behalf

of all inmates (the "Class Members") who were then confined or

who might be confined in the future at the Utah State Prison at

Draper, Utah (the "Prison");

nc'

2. On December 21, 1989, this case was referred to the Magistrate pursuant to 28 U.S.C. § 636(b)(1)(B);
3. On April 24, 1990, the Court certified this action . as a class action under the provisions of Rule 23(b)(1)(A) and
(b)(2) of the Federal Rules of Civil Procedure; 4. Plaintiff seeks injunctive relief against
officials at the Prison acting in their official capacities (the "Defendants"). Plaintiff alleges violations of the Eighth and the Fourteenth Amendments to the U.S. Constitution, based upon the system-wide inadequacy of medical and mental health care provided to Class Members during their incarceration at the Prison;
5. Plaintiff and Defendants have entered into Stipulation of Settlement of Mental Health Claims, dated September 8, 1992 (the "Settlement") which proposes to settle Plaintiff's claims regarding mental health care at the Prison;
6. At a preliminary hearing regarding the Settlement held on September 25, 1992, Plaintiff submitted a Plan for Notice of Proposed Settlement of Mental Health Claims, which plan was approved by the Magistrate Judge;
7. Plaintiff's attorneys received responses and objections to the Settlement from eleven Class Members and filed copies of those responses and objections with the Magistrate Judge;
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8. During a final hearing on December 3, 1992, the Magistrate Judge heard testimony from Plaintiff's expert, Jeffrey L. Metzner, M.D., in support of the Settlement; the Magistrate Judge also received into evidence exhibits submitted by Plaintiff supporting the Settlement;
9. The Magistrate Judge issued his Report and Recommendation, dated January 6, 1993, recommending that the Settlement be approved;
10. This matter came before the Court for hearing on April 12, 1993, on the Report and Recommendation of the Magistrate Judge;
11. W. Cullen Battle and Kathleen H. Switzer appeared for Plaintiff; Frank D. Mylar, Assistant Attorney General, appeared for all named Defendants;
12. There were no objections to the Report and Recommendation from the parties or from the Class Members.
II. ORDER WHEREFORE, having had full opportunity to consider these matters, the Court adopts the Magistrate Judge's Report and Recommendation, approves the Settlement and ORDERS that it be implemented in all respects. All terms of the Settlement are incorporated into this Order. This Court will retain jurisdiction over this case for purposes of enforcing the terms of the Settlement, as provided for in the Settlement. This Order
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is binding upon all Defendants in their official capacities and upon all persons subsequently acting in those capacities. The effective date of the Settlement shall be the date of this Order.
DATED this J°t day of A C*~> 1993.

APPROVED AS TO FORM:
Kirk M.Toçgensen Frank D. Mylar Assistant Attorneys General

Juage Bruce S enkins United State ' trict Court

W. >Sullen Battle Kathleen H. Switzer FABIAN & CLENDENIN Attorneys for Plaintiff

-4-

mw United States District Court
for the District of Utah April 20, 1993
* * MAILING CERTIFICATE OF CLERK * *
Re: 2:89-cv-01124
True and correct copies of the attached were mailed by the clerk to the following:
Frank D Mylar, Esq. UTAH ATTORNEY GENERAL 330 S 300 E Salt Lake City, UT 84111
Allan L Larson, Esq. SNOW, CHRISTENSEN & MARTINEAU 10 Exchange Place 11th Floor P.O. Box 45000 Salt Lake City,, UT 84145
Mary A Rudolph, Esq. 455 E 400 S, #201 Salt Lake City, UT 84111
Alexa P. Freeman, Esq. NATIONAL PRISON PROJECT OF THE ACLUF, INC. 1875 Connecticut Avenue, NW, Suite 410 Washington, DC 20009
W. Cullen Battle, Esq. FABIAN & CLENDENIN 215 S State, #1200 P.O. Box 510210 Salt Lake City, UT 84151
Richard W. Jones Utah State Prison PO Box 250 Draper, UT 84020
Frank Lupinacci Jr. Utah State Prison PO Box 250 Draper, UT 84020

 </s> Henry v. Deland PC-UT-003-005

"t f: V-—
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH, CENTRAL DIVISION

SANDRA HENRY, et al., Plaintiff,
v. GARY W. DELAND, et al.,
Defendants.

Case No. 89-C-1124 J
ORDER APPROVING AND IMPLEMENTING PLAINTIFF'S PLAN FOR NOTICE OF PROPOSED SETTLEMENT OF MEDICAL AND DENTAL CLAIMS AND NOTICE OF HEARING

Having considered Plaintiff's Plan for Notice of Proposed Settlement of Medical and Dental Claims, dated February 9, 1993 [the "Proposed Plan11], and having heard the parties on these matters, the Court hereby approves plaintiffs' Proposed Plan and ORDERS that it be implemented.
The Court will conduct a final hearing on ^ a y 7j l<?3 3 , at S| ^ s ft i rv7 f wherein the Court will consider oral and written submissions and any other evidence it deems proper so that it may, in its discretion, decide whether to approve the Stipulation of Settlement of Medical and Dental Claims as fair, reasonable, adequate, and in the best interests of the plaintiff class, according to Rule 23(e) of the Federal Rules of Civil Procedure.

a:\khs\545O

u

DATED t h i s _[[ day of f^_A> .

1993.

Bruce S. JerikiYis Chief Judrfe \ United Stat:es_j)astrict Court Attorneys for^Plaintiffs

s:\kbs\5450

-2-

r

W. Cullen Battle, A0246 Kathleen H. Switzer, A5230 FABIAN & CLENDENIN P.O. Box 510210 Salt Lake City, Utah 84151 Telephone: 531-8900
Robert B. Denton, A0872 Mary A. Rudolph, A4245 Lisa A. Marcy, A5311 LEGAL CENTER FOR PEOPLE WITH DISABILITIES 455 East 400 South, Suite 201 Salt Lake City, Utah 84111 Telephone: 363-1347
Alexa P. Freeman Mark J. Lopez NATIONAL PRISON PROJECT of the AMERICAN CIVIL LIBERTIES FOUNDATION 1875 Connecticut Avenue, N.W., Suite 410 Washington, D.C. 20009 Telephone: (202) 234-4830
Attorneys for Plaintiff in cooperation with THE ACLU OF UTAH FOUNDATION, INC.

7^ 01 EPS

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH, CENTRAL DIVISION

SANDRA HENRY, et al., Plaintiff,
v. GARY W. DELAND, et al.,
Defendants.
t:\khiU355

) Case No. 89-C-1124 J
) ) PLAINTIFF'S PLAN FOR ) NOTICE OF PROPOSED ) SETTLEMENT OF MEDICAL ) AND DENTAL CLAIMS ' )
) Judge Bruce S. Jenkins

Pursuant to Rule 23(e) of the Federal Rules of Civil Procedure, Plaintiff's attorneys request the Court to approve the Notice of Proposed Settlement of Medical and Dental Claims and Notice of Hearing, in the form attached hereto as Exhibit "A" (the "Notice"). Plaintiff's attorneys further request the court to direct Defendants to deliver to every inmate at the Utah State Prison (the "Prison"), and to all new inmates incarcerated at the Prison during the notice period, a copy of the Notice within 15 days of the Court's approval of the Notice.
Finally, Plaintiff's attorneys request the Court to direct Defendants to maintain complete copies of the proposed Stipulation of Settlement of Medical and Dental Claims (the "Proposed Settlement") in each block or living area at the Prison and to allow inmates to review the Proposed Settlement upon request and in the same manner as they are now allowed to review copies of the Prison policies and procedures.
Plaintiff agrees to provide copies of the Notice and the Proposed Settlement to Defendants.

i:\klu\5355

-2-

DATED t h i s _Xlrday of ^yJVS**^*^, 1993.
W. Cullen Battle Kathleen H. Switzer FABIAN & CLENDENIN,
a Professional Corporation Attorneys for Plaintiffs
CERTIFICATE OF SERVICE I hereby certify that on this _£$~day of February, 1993, I caused to be hand-delivered, a true and correct copy of the foregoing PLAINTIFF'S PLAN FOR NOTICE OF PROPOSED SETTLEMENT OF MEDICAL AND DENTAL CLAIMS to:
Kirk M. Torgensen, Esq. Frank D. Mylar, Esq. Assistant Attorneys General 330 South 300 East, 2nd Floor Salt Lake City, Utah 84111
*~>?t-r!L^ra

i:\thi\J355

-3-

W. Cullen Battle, A0246 Kathleen H. Switzer, A5230 FABIAN & CLENDENIN P.O. BOX 510210 Salt Lake City, Utah 84151 Telephone: 531-8900
Robert B. Denton, A0872 Mary A. Rudolph, A4245 Lisa A. Marcy, A5311 LEGAL CENTER FOR PEOPLE WITH DISABILITIES 455 East 400 South, Suite 201 Salt Lake City, Utah 84111 Telephone: 363-1347
Alexa P. Freeman Mark J. Lopez NATIONAL PRISON PROJECT of the AMERICAN CIVIL LIBERTIES FOUNDATION 1875 Connecticut Avenue, N.W., Suite 410 Washington, D.C. 20009 Telephone: (202) 234-4830
Attorneys for Plaintiff in cooperation with THE ACLU OF UTAH FOUNDATION, INC.

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH, CENTRAL DIVISION

SANDRA HENRY, et al., Plaintiff,
v. GARY W. DELAND, et al.,
Defendants.
i:\khi\5360

Case No. 89-C-1124 J
NOTICE OF PROPOSED SETTLEMENT OF MEDICAL AND DENTAL CLAIMS AND NOTICE OF HEARING
Judge Bruce S. Jenkins

FXHTBTT

THIS NOTICE MAY AFFECT YOUR RIGHTS. PLEASE READ CAREFULLY.
TO: ALL INMATES AT THE UTAH STATE PRISON AT DRAPER, UTAH.
YOU ARE HEREBY NOTIFIED THAT: 1. This lawsuit was filed on December 18, 1989, by Sandra
Henry ("Plaintiff") on behalf of all inmates, present and future (the "Class Members"), at the Utah State Prison (the "Prison"). Plaintiff's Complaint alleges that officials at the Prison (the "Defendants") have violated the Eighth and the Fourteenth Amendments to the U.S. Constitution because inadequate medical and mental health care has been provided to Class Members during their incarceration at the Prison. Defendants have denied and continue to deny these allegations.
2. Plaintiff's attorneys and Defendants have entered into Stipulation of Settlement of Medical and Dental Claims (the "Proposed Settlement") dated January 26, 1993, which proposes to settle all of the claims in this lawsuit regarding medical and dental health care at the Prison.
3. Under the Proposed Settlement, the Defendants agree that the Prison has a legal obligation to provide adequate medical and dental services to Class Members suffering from medical or dental problems.
-2-
i:\Uu\S360

4. As set forth in greater detail in the Proposed Settlement, the Defendants agree that the Prison will:
a. adequately screen and evaluate inmates entering the Prison for medical and dental problems and, as indicated, to develop an individualized treatment plan, and to provide medical and dental services and care according to that plan;
b. train Prison staff in recognizing and caring for inmates with medical or dental problems, and in properly referring inmates into medical and dental services;
c. maintain specific staffing levels for doctors and other medical and dental professionals;
d. maintain prompt and adequate access to medical and dental services;
e. treat medical and dental problems with emergency intervention, routine medical and dental treatment, and treatment for chronic medical and dental problems;
f. provide support services such as therapeutic diets, pharmacy services, and health education;
g. provide on-site infirmary beds; h. monitor continuity of care through adequate recordkeeping, and quality assurance reviews;

i:\khs\536O

-3-

i. transfer inmates with medical and dental problems

to off-site health care providers and institutions when

needed; and

j. develop adequate policies and procedures to

administer medical and dental services.

5. The Defendants shall have two years to come into

compliance with the Proposed Settlement. The court shall retain

jurisdiction for purposes of enforcing the Proposed Settlement

until one year after compliance is achieved.

6. The Proposed Settlement must be approved by the Court

before it becomes effective. Once approved, the Proposed

Settlement will bind the rights of all Class Members in seeking

system-wide injunctive relief for medical and dental claims.

However, the Proposed Settlement will not affect the rights of

any inmate to bring an individual lawsuit for money damages.

7. You may object in writing to terms of the Proposed

Settlement. Any objection must be mailed to Kathleen H. Switzer,

Fabian & Clendenin, P.O. Box 510210, Salt Lake City, Utah 84151,

and received on or before (lOT's-V \ \ \\S5

.

i:\khi\536O

-4-

YOU ARE FURTHER NOTIFIED:

The Court will conduct a final hearing on

at >*^ Q <3 Av

, before the Honorable

g. ^&1M[C\AS , 350 South Main Street, Room 2*f£> u.S.

Courthouse, Salt Lake City, Utah 84101, wherein the court will

consider oral and written submissions and any other evidence it

deems proper so that it may, in its discretion, decide whether to

approve the Proposed Settlement as fair, reasonable, adequate,

and in the best interests of the plaintiff class, according to

Rule 23(e) of the Federal Rules of Civil Procedure.

DATED this I UVs day Of \ %JJly\u^\, 1993.

W. Cullen Battle Kathleen H. Switzer FABIAN & CLENDENIN,
a Professional Corporation Attorneys for Plaintiffs

«:VUu\5360

-5-

mw
United States District Court for the
District of Utah February 12, 1993
* * MAILING CERTIFICATE OF CLERK * *
Re: 2:89-cv-01124
True and correct copies of the attached were mailed by the clerk to the following:
Frank D Mylar, Esq. UTAH ATTY GENERAL'S OFFICE 6100 South 300 East, #204 Salt Lake City, UT 84107
Allan L Larson, Esq. SNOW, CHRISTENSEN & MARTINEAU 10 Exchange Place 11th Floor P.O. BOX 45000 Salt Lake City,, UT 84145
Mary A Rudolph, Esq. 455 E 400 S, #201 Salt Lake City, UT 84111
Alexa P. Freeman, Esq. NATIONAL PRISON PROJECT OF THE ACLUF, INC. 1875 Connecticut Avenue, NW, Suite 410 Washington, DC 20009
W. Cullen Battle, Esq. (by hand delivery) FABIAN & CLENDENIN 215 S State, #1200 P.O. Box 510210 Salt Lake City, UT 84151

 </s> Henry v. Deland

PC-UT-003-006
IN THE UNITED STATES DISTRICT COURT F

RECEIVED

RECEIVED CLERK MAY 2 8 1933

0H-;gi, vF

JUDGE

MAY 2 7 1993 -BRUCE S.JENKINS

CENTRAL DIVISION

SANDRA HENRY, on behalf of herself and others similarly situated,
Plaintiff,
vs.
GARY W. DELAND, Director, Utah Department of Corrections; O. LANE MeCOTTER, Director of Institutional Operations, Department of Corrections; LYNN JORGENSON, Warden, Utah State Prison; DANIEL LEATHAM, Bureau Chief of Support Services, Utah State Prison; RUSSELL STEVENSON, Director of Medical Facilities, Utah State Prison; BLEN FREESTONE, Assistant Director of Medical Facilities, Utah State Prison; GERALD O'BRIEN, Assistant Director of Medical Facilities, Utah State Prison;
Defendants.

No. 89-C-1124 J
FINAL ORDER APPROVING AND IMPLEMENTING STIPULATION OF
SETTLEMENT OF MEDICAL AND DENTAL CLAIMS
Judge Bruce S. Jenkins

This matter came before the Honorable Bruce S. Jenkins on May 7, 1993, at 9:30 a.m., for the final hearing regarding the parties' request for approval of their Stipulation of Settlement of Medical and Dental Claims, dated January 23, 1993 (the "Settlement"). Cullen Battle and Kathleen H. Switzer appeared for Plaintiff; Kirk M. Torgensen, Assistant Attorney General,
-1-

appeared for all Defendants. The Court heard testimony from Plaintiff's expert, Albert J. Raymond, M.D., in support of the Settlement. The Court also received into evidence exhibits submitted by Plaintiff supporting the Settlement. Based upon the arguments and evidence presented at the hearing, the Court enters this order approving and implementing the Settlement.
I. RECITALS 1. On December 18, 1989, Plaintiff Sandra Henry brought this action on her own behalf and on behalf of all inmates (the "Class Members") who were then confined or who might be confined in the future at the Utah State Prison at Draper, Utah (the "Prison"); 2. On December 21, 1989, this case was referred to the Magistrate pursuant to 28 U.S.C. § 636(b)(1)(B); 3. On February 21, 1990, Defendants answered Plaintiff's Complaint, denying liability and raising several legal and factual defenses; 4. On April 24, 1990, the Court certified this action as a class action under the provisions of Rule 23(b)(1)(A) and (b) (2) of the Federal Rules of Civil Procedure; 5. Plaintiff sought injunctive relief against officials at the Prison acting in their official capacities. Plaintiff alleged violations of the Eighth and the Fourteenth Amendments to the U.S. Constitution, based upon alleged systemwide inadequacy of medical and mental health care provided to Class Members during their incarceration at the Prison;
-2-

6. Defendants have consistently, and presently, deny that constitutional deficiencies existed, or exist, in the medical and mental health care provided to the class from the time this suit was filed to the present;
7. On January 23, 1993, Plaintiff and Defendants executed the Settlement, which proposed to settle all remaining claims of the Plaintiff and the Class Members regarding medical and dental health care at the Prison;
8. At a preliminary hearing on February 11, 1993, the Court approved a Plan for Notice to Class Members of the proposed Settlement;
9. An individual copy of the notice was delivered to every inmate at the Prison on March 5, 1993. All new and reincarcerated inmates at the Prison received a copy of the notice with their regular orientation materials through April 1, 1993. In addition, all housing units (i.e. living areas) at the Prison contained an exact copy of the full text of the Settlement, which was made available to all inmates upon request;
10. On April 26, 1993, Plaintiff certified to the Court that twenty-six Class Members submitted written responses and objections to the proposed Settlement. Plaintiff provided certified copies of those responses and objections to the Court.
II. FINDINGS AND CONCLUSIONS 1. During the final hearing, Defendants represented to the Court that they had timely complied with the Plan for
-3-

Notice. Based upon that representation the Court finds that Class Members received adequate notice of the Settlement under Rule 23(e) of the Federal Rules of Civil Procedure.
2. Pursuant to the Settlement, Defendants agree that the Prison has a legal obligation to provide adequate medical and dental services to Class Members.
3. The Settlement addresses substantive medical and dental treatment issues such as reception and orientation of new inmates to the prison health care system; training of all staff members; referring inmates to health care providers; providing various levels of health care to inmates; ensuring adequate staffing; providing in-patient beds; ensuring access to licensed health care professionals; providing medical services and a computerized tracking and monitoring system for inmates with medical problems; providing dental services and a computerized tracking and monitoring system for inmates with dental problems; providing support services; providing health education for inmates; maintaining medical records; developing and adopting policies and procedures to administer medical and dental services; and establishing a quality improvement committee to conduct quality assurance reviews. The Settlement also addresses compliance issues, such as the period for compliance, on-site visits to assess compliance, and periodic reports on Defendants' progress toward compliance.
4. The Settlement will bind the rights of all Class Members in seeking injunctive relief for medical and dental
-4-

claims. However, the Settlement will not affect the rights of any inmate to bring an individual lawsuit for monetary damages.
5. Based upon the above, and pursuant to Federal Rule of Civil procedure 23(a), the Court finds the Settlement is fair, reasonable, adequate and in the best interests of the Class Members.

III. ORDER

WHEREFORE, having thoroughly considered these matters,

the Court now approves the Settlement and ORDERS that it be

implemented in all respects. All terms of the Settlement are

incorporated into this Order. The Court shall retain

jurisdiction over this case for purposes of enforcing the

Settlement, as provided for in the Settlement. This Order is

binding upon Plaintiff, all Class Members, and all Defendants in

their official capacities and upon all persons subsequently

acting in those capacities. The effective date of the Settlement

shall be the date of this Order.

DATED this j day of V.^KJ\T^\ ^-

/ 1993.

JuageBruce United Stat

ins ict Court

-5-

APPROVED AS TO FORM AND CONTENT:

Kirk M. Torgensen ~il Frank D. Mylar Assistant Attorneys General

W.' Ctq.len Battle

^^

Kathleen H. Switzer

Attorneys for Plaintiff

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ce United States District Court
for the District of Utah June 3, 1993
* * MAILING CERTIFICATE OF CLERK * *
Re: 2:89-cv-01124
True and correct copies of the attached were mailed by the clerk to the following:
Frank D Mylar, Esq. UTAH ATTORNEY GENERAL 330 S 300 E Salt Lake City, UT 84111
Allan L Larson, Esq. SNOW, CHRISTENSEN & MARTINEAU 10 Exchange Place 11th Floor P.O. BOX 45000 Salt Lake City,, UT 84145
Mary A Rudolph, Esq. 455 E 400 S, #201 Salt Lake City, UT 84111
Alexa P. Freeman, Esq. NATIONAL PRISON PROJECT OF THE ACLUF, INC. 1875 Connecticut Avenue, NW, Suite 410 Washington, DC 20009
W. Cullen Battle, Esq. FABIAN & CLENDENIN 215 S State, #1200 P.O. BOX 510210 Salt Lake City, UT 84151
Richard W. Jones Utah State Prison PO Box 250 Draper, UT 84020
Frank Lupinacci Jr. Utah State Prison PO Box 250 Draper, UT 84020
Terry Oliver Utah State Prison PO Box 250 Draper, UT 84020

Alexa P. Freeman, Esq. NATIONAL PRISON PROJECT OF THE ACLUF, INC. 1875 Connecticut Avenue, NW, Suite 410 Washington, DC 20009
Re: 2:89-cv-01124

 </s> Sn 6 '[} id" fa
IN THE UNITED STATES DISTRICJJACOURT FQR,.

DISTRICT OF UTAH, CENTRALSIV IS ION

SANDRA HENRY, et al.,

f Case No. 89-C-1124J

Plaintiff,
v.
GARY W. DeLAND, et al.r Defendants.

ORDER APPROVING AND IMPLEMENTING PLAINTIFFS' PLAN FOR NOTICE OF PROPOSED SETTLEMENT OF MENTAL HEALTH CLAIMS AND NOTICE OF HEARING

Having considered Plaintiffs' Plan for Notice of Proposed Settlement of Mental Health Claims, dated September 23, 1992 [the "Proposed Plan"], and having heard the parties on these matters, the Court hereby approves plaintiffs' Proposed Plan and ORDERS that it be implemented.
The Court will conduct a final hearing on «=*2» t*C^*»tA^' , wherein the Court will consider oral and
written submissions and any other evidence it deems proper so that it may, in its discretion, decide whether to approve the Stipulation of Settlement of Mental Health Claims as fair, reasonable, adequate, and in the best interests of the plaintiff class, according to Rule 23(e) of the Federal Rules of Civil Procedure.
DATED this .~JD'~ dav of A^tf^lSii^x, 1992.

092392B

RonaldYN*. Boyce U. S. Magistrate Judge

;

mw

United States District Court

for the

District of Utah

September 25, 1992

* * MAILING CERTIFICATE OF CLERK * *

Re: 2:89-cv-01l24

True and correct copies of the attached were mailed by the clerk to the following:
Frank D Mylar, Esq. UTAH ATTY GENERAL'S OFFICE 6100 South 300 East, #204 Salt Lake City, UT 84107
Allan L Larson, Esq. SNOW, CHRISTENSEN & MARTINEAU 10 Exchange Place 11th Floor P.O. Box 45000 Salt Lake City,, UT 84145
Mary A Rudolph, Esq. 455 E 400 S, #201 Salt Lake City, UT 84111
Alexa P. Freeman, Esq. NATIONAL PRISON PROJECT OF THE ACLUF, INC. 1875 Connecticut Avenue, NW, Suite 410 Washington, DC 20009
W. Cullen Battle, Esq. FABIAN & CLENDENIN 215 S State, #1200 P.O. BOX 510210 Salt Lake City, UT 84151

 </s> Henry v. Deland
•illlllll

DRAFT

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH, CENTRAL DIVISION

SANDRA HENRY, on behalf of herself and others similarly situated;
Plaintiff,
v.
GARY W. DELAND, Director, Utah Department of Corrections; O. LANE McCOTTER, Director of Institutional Operations, Department of Corrections; LYNN JORGENSON, Warden, Utah State Prison; DANIEL LEATHAM, Bureau Chief of Support Services, Utah State Prison; RUSSELL STEVENSON, Director of Medical Facilities, Utah State Prison; BLEN FREESTONE, Assistant Director of Medical Facilities, Utah State Prison; GERALD O'BRIEN, Assistant Director of Medical Facilities, Utah State Prison;
Defendants.

Civil No. 89-C-1124 J
STIPULATION OP SETTLEMENT OF MEDICAL AND DENTAL CLAIMS

s:\khs\796

Subject to its approval, the Court may enter an Order embodying the following provisions:
WHEREAS, this class action was commenced on December 18, 1989, by Plaintiff on her own behalf and on behalf of all inmates For "Class Members"1 who are confined, and who may be confined at the Utah State Penitentiary at Draper, Utah ["USP"], and who are seeking injunctive and declaratory relief regarding claimed constitutional inadequacies in medical and dental health care; and
WHEREAS, Plaintiff brought suit against Defendants in their official capacities, including all individuals subsequently acting in those capacities; and
WHEREAS, Defendants filed their answer on February 21, 1990; and
WHEREAS, class certification was granted by the Court on April 24, 1990; and
WHEREAS, the parties have exchanged relevant documents and engaged in substantial discovery; and
WHEREAS, this Stipulation deals only with the medical and dental care portion of the complaint and the parties agree that it is appropriate for the case and beneficial to the class to complete the medical and dental portion; and
WHEREAS, nothing in this Stipulation will be construed as evidence of an admission by Defendants of any violation of any law, regulation, rule or order, or construed as an agreement by

s:\khs\796

-2-

Defendants that the provisions of this Stipulation set forth the minimum standards for medical and dental services required by the United States Constitution or by Utah State law; and
WHEREAS, nothing in this Stipulation will be construed as evidence that Defendants maintained a policy or practice that was intended to result or, in fact, resulted in the deprivation of any rights, privilege or immunities of any member of the Plaintiff class;
WHEREAS, the parties agree that the Court has jurisdiction over this action and the parties and that the Court has the authority to order the relief set forth in this Stipulation; and
WHEREAS, the parties, without conceding any infirmity in their claims or defenses, have agreed that the terms of this Stipulation are appropriate;
IT IS HEREBY STIPULATED:
MISSION STATEMENT 1. Defendants fsometimes referred to as the "Department of
Corrections" or the "USP"1 adopt the following mission statement regarding its legal obligation to provide adequate medical and dental services to the inmate population:
a. To ensure access for all inmates to a health care program that is equivalent to that within the communi-ty;

s:\khs\796

-3-

b. To reduce the disabling effects of medical and dental problems; and
c. To provide a health care program that will function as a part of the overall prison system. GENERAL APPROACH TO MISSION OF MEDICAL AND DENTAL SERVICES 2. A Bureau of Medical Services will have authority to administer, deliver, monitor, and implement changes necessary to accomplish the USP mission.
a. The Bureau of Medical Services will be under the direction of a single designated physician licensed within the state of Utah.
b. This physician will arrange for all levels of health care delivery and will have responsibility for assuring the quality and accessibility of all medical and dental services provided to inmates. 3. The Department of Corrections will provide the support necessary to allow access of inmates to medical and dental services in a timely manner and will provide the physical resources necessary for the delivery of the health care program. 4. Matters of clinical judgment will be within the sole province of each licensed health care provider, as set forth in Para. 21.
a. A written manual of policies and procedures will guide medical and dental services and will reflect current practices in rendering medical and dental services. A copy

s:\khs\796

-4-

of the current manual. TMF 06, Medical Operations, is attached as Exhibit 1 for reference.
b. To assure compliance with the written policies and procedures and to help identify trends or deficiencies, a Continuous Quality Improvement Program, as discussed in Paras. 52(a) and 58. will be implemented to monitor all aspects of the health care program. See TMF 06/04.08, TMF 06/14.00 through -14.03. 5. The physician directing the Bureau of Medical Services will ensure that on-site health care providers are appropriately licensed or certificated, and that current licenses and certificates are on file in the facility. The Quality Improvement Committee, as discussed in Paras. 54 through 59. will monitor the practice of all on-site health care providers to ensure that licensed or certificated staff do not exceed the legal parameters of their license or certification, and that unlicensed or uncertificated staff do not render medical or dental services requiring licensure or certification. Off-site health care providers will be appropriately licensed. 6. USP medical and dental staff, as set forth in Para. 21, will provide medical and dental services on-site.
a. Inmates will not be used to provide direct medical or dental services.

s:\khs\796

-5-

b. Medical and dental services which are not available at USP will be obtained from off-site health care providers and facilities as clinically indicated. See TMF 06/03.07.
c. The Quality Improvement Committee will monitor referrals to off-site health care providers and facilities for timeliness, completeness, and appropriateness. The Quality Improvement Committee will similarly monitor all contracts awarded to outside agencies, i.e. laboratories, dental labs, or other services rendered by outside consultants.
d. The Quality Improvement Committee will monitor referrals to off-site health care providers and facilities to ensure that the USP provides continuity of care when such care is transferred back to the USP. If USP health care providers elect not to follow the recommendations of offsite health care providers, they will document their reasons for not doing so in the inmate's medical record. 7. Security and licensed medical staff will be available to the inmates twenty-four (24) hours per day so that necessary medical and dental services will be instituted in an appropriate and timely manner. RECEPTION AND ORIENTATION 8. Initial Screening. Within twenty-four (24) hours of arrival, each inmate will be screened for existing medical and dental problems, ongoing treatment modalities and medications,

s:\khs\796

-6-

allergies, communicable diseases, and any urgent or emergent medical or dental problems. See TMF 06/03.01 through -03.02. The screening process will have the following elements:
a. Training: Adequately trained staff will complete the screening. Any inmate refusing to provide information during the initial screening will be referred to a physician ["MD"], nurse practitioner ["NP"], or physician's assistant ["PA-c"] for a private interview.
b. Standardization: The staff will use a standard approach to screening, including a questionnaire and will enter data into the medical computer system. The standard questionnaire will include past medical history, current medical history, medications, and any presenting medical or dental symptoms.
c. Initial screening will include the following areas: i. Chronic Problems: During the initial
screening process, inmates with chronic health problems will be identified. The supervising health care provider will manage the medical care of inmates with chronic health problems.
ii. Communicable Diseases: All inmates will be screened for communicable diseases, including tuberculosis f'TB"] and human immunodeficiency virus I" "HIV"]. All inmates who test positive will be referred for further medical management and
s:\khs\796

such management will be consistent with current CDC or other public health guidelines.
iii. Medications: During the initial screening process, inmates taking or receiving prescription medications will be identified, and an MD, NP or PA-c will be consulted for immediate evaluation so that prescription medication can be continued without interruption, as indicated.
iv. Urgent or Emergent Problems: Appropriate medical and/or dental staff will be notified immediately of all medical and/or dental problems of an urgent or emergent nature. d. Tracking. The computerized tracking program will track all inmates identified as having health problems, including those with chronic medical problems, communicable diseases, and those reguiring prescription medications. 9. Physical Examination. All inmates should receive comprehensive physical examination within fourteen (14) days of arrival at the USP. During periods of high work load, all inmates will receive a comprehensive physical examination within at least twenty-one (21) days of arrival. See TMF 06/03.04, -04.04. 10. Medical and Dental Services Orientation. As a part of the inmates' initial reception and orientation to the USP,' each inmate will receive written material, prepared in simple language

s:\khs\796

-8-

which explains USP medical and dental services. Such written material will be supplemented by a videotape presentation. See TMF 06/03.03.
a. Special attention will be devoted to insure that inmates understand the written and oral material.
b. Problems such as language barriers, or inmates who may have visual or hearing impairments will be resolved. Translators or foreign language versions of the written material and video will be provided for all inmates who are non-English speaking. A staff member will be available to further explain the medical and dental services and to answer questions. 11. Monitoring. The Quality Improvement Committee will monitor reception and orientation functions and ensure that tasks are adequately accomplished, including the provision that adequately trained staff will be provided. TRAINING 12. A multi-disciplinary approach is adopted so that all staff members, including medical and dental staff and correctional staff will work together to maximize appropriate medical and dental services for inmates. Because all staff members may be called upon to identify and initiate medical or dental services, all such staff will receive special pre-service training, followed up by regular in-service training, in the following areas:

s:\khs\796

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a. Recognition of the signs and symptoms of serious medical and dental problems within the inmate population with specific instructions on how to contact the appropriate health care provider and take appropriate action; and
b. Instruction to inmates on how to access medical and dental services on a routine and emergent basis. 13. Recording and Monitoring. All such training will be a matter of record and such record will indicate the individual's attendance and course contents. The Quality Improvement Committee will monitor all training. REFERRAL SYSTEM 14. Inmates identified in the reception and orientation process as having medical or dental problems will be referred to the appropriate providers.
a. Self-referral and Sick Call Forms: In addition, the inmate may "self refer" by utilizing the policies outlined in TMF 06/03.05, and completing an appropriate sick call form. Specifically, the inmate can refer himself or herself to sick call, dental, or ophthalmology services. Sick call forms will be picked up and screened daily and assigned a priority based upon the information supplied. 15. Monitoring. The Quality Improvement Committee will log and monitor all referrals and self-referrals to ensure completion in a timely manner, and to identify trends or deficiencies within the health care system.

s:\khs\796

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HEALTH CARE SERVICES; GENERAL 16. Recognizing the various levels of health care services
that inmates will need, the USP will address the acute, chronic, and preventive health care needs of all inmates. Individualized treatment plans will be created for each inmate with a chronic health problem to assure periodic regular health assessments and continued maintenance. See TMF 06/3.04, -03.05, -03.06, -03.09, -03.10, -03.12.
17. Inmates will receive periodic health reviews. These reviews will reflect current community standards.
18. The USP will provide equipment and supplies necessary for the on-site delivery of health care servicesf as determined by the physician directing the Bureau of Medical Services.
19. Off-site health care providers will be used to supplement health care services and to provide those services not available on-site. See TMF 06/03.07. Off-site health care providers will also provide consultation to USP health care providers. Reasons for deviating from the recommendations of offsite health care providers will be documented in the medical chart. STAFFING
20. Separation of Functions. Health care providers will not perform correctional staff functions such as body cavity searches, except in accordance with established USP policies and procedures.

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21. Defendants agree to staff the USP with the following full time equivalents as follows: Bureau Level Staff:

1 1 1 1 1 2 1 1 16.5

Bureau Chief (who will be a licensed physician) Correctional Medical Administrator Office Manager Office Technician II MSC Budget Registered Nurses [RN] Certified Medical Records Manager Computer (LAN) Administrative Specialist I Social Worker [MSW]

Medical & Dental Staff:

1 1 11.5
3.5 1 7 8
.5 2.5 2 1 1 4 22 1 2
.66 1
.5

Medical Administrator

Assistant Medical Administrator

Physicians [MD], Nurse Practitioners [NP]),

Physician's Assistants [PA-c]*

Dentists [DDS]

Dental Assistant Office Manager

Dental Assistants

/ r>/^-

Secretaries (one of which (fJ ^°

will be an office manager)

Optometrist

Pharmacists

Pharmacy Technicians

HIV Coordinator [Phlebotomist]

Supervisory Registered Nurse [RN]

Registered Nurses [RN]

Correctional Medical Assistants [CMA]

Radiology Technician [RT]

Custodian I

Correctional Technician

Material Service Manager

Physical Therapist [PT]

•Physician staff will consult with NP's, and will supervise PAc's, in ratios allowed by Utah state law.

22. Staff will be licensed in accordance with the Utah

Code governing occupational and professional licensure.

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23. The health care program agreed to, including the variety of medical and dental services to be provided, and the staffing for sucn medical and dental services, is based on a USP population of 3,000 inmates.
a. Significant increases or decreases in prison population will either require a commensurate increase, or allow a commensurate decrease, in the agreed upon medical and dental staff and services.
b. Should the average monthly resident inmate population exceed by twenty percent (20%) of the current population, then Defendants agree to notify the designated Plaintiff's counsel who will also be notified of the details of the plan designed to meet the expected increased demand for medical and dental services. Any proposed decrease in staffing or services may be instituted in the same fashion and subject to the same process. Any dispute concerning the implementation of this paragraph will be resolved in accordance with Para. 74. 24. Monitoring. The Quality Improvement Committee will monitor staffing to ensure that staffing is sufficient for the medical and dental services being provided.

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IN-PATIENT BEDS 25. The USP will provide on-site infirmary beds for those
cases and conditions that are determined by the treating health care provider to be appropriate for the level of care available at the on-site infirmary.
26. In addition, the USP will contract with the University of Utah Medical Center or other community facilities for inpatient care. Inmates will be transferred to an off-site health care facility by the treating MD, NP, or PA-c, as clinically indicated.
27. Monitoring. The Quality Improvement Committee will monitor the provision of in-patient beds to ensure that inpatient beds are sufficient in number and staffing for the medical and dental services being provided. ACCESS TO CARE
28. Daily Access. All inmates will have daily on-site access to licensed health care professionals for assessment, triaging and, as clinically indicated, treatment or referral of health care complaints. See TMF 06/03.05, -03.07, -04.03.
29. Sick Call. An MD. NP. or PA-c will conduct sick call five days per week. See TMF 06/03.05.
30. Inmates in Punitive Isolation. In addition to sick call. inmates in punitive isolation or disciplinary segregation will be visited daily.

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31. Twenty-four Hour Coverage. Licensed health care professionals will be on-site twenty-four (24) hours per day, including at least one (1) RN. In addition, at least one (1) MD and one (1) NP or PA-c will be on-call evenings, weekends and holidays.
32. Emergency Services. Inmates will have prompt access to emergency services. Emergency services may be initiated by any appropriate staff member and will include treatment modalities as deemed clinically appropriate by USP health care providers. See TMF 06/03.08, -04.06.48.
33. Monitoring. The Quality Improvement Committee will monitor inmates access to care to ensure that access to care is provided according to standard. MEDICAL SERVICES
34. Communicable Disease Screening: Inmates who are TB test negative upon entry into the USP will receive annual TB testing with follow-up for positive results. Screening or surveillance for other communicable diseases, and management of identified communicable diseases, will be conducted consistent with current CDC or other public health guidelines.
35. Routine Medical Services. Routine medical services will be provided according to TMF 06. As part of the periodic health review, the USP will conduct screening for health problems, i.e., periodic complete physical exams, pap smears, breast examination

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and/or mammography, and appropriate screening lab tests. See TMF 06/03.04.
36. Chronic Medical Problems. The USP will identify and monitor those inmates with chronic medical problems who will, require ongoing treatment. These conditions include but are not limited to hypertension, heart disease, diabetes mellitus, asthma, immunocompromised conditions, and epilepsy. See TMF 06/03.12. The USP will establish protocols that reasonably assure follow-up of chronic medical problems, including treatment intervals, documentation of failures to refill and take medications, and the reasons for such failures. See TMF 06/03.05.
37. Women's Health Care: In addition to routine health care, pregnant inmates will receive pre-natal care and counseling. Generally, obstetrical medical services will be managed and provided by off-site health care providers and facilities.
38. Emergency Services. Health care providers on-site will be trained to respond to urgent and emergent situations. Emergency services will have the following elements:
a. While emergency services may be initiated by any appropriate staff member, the initial assessment and response during an emergency will be conducted by at least an RN or CMA. See TMF 06/03.08.

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b. MD's, NP's and PA-c's will be certified in Advanced Cardiac Life Support and may institute these advanced techniques on-site.
c. All licensed medical and dental staff will be certified in Basic Cardiac Life Support and may institute these measures on-site.
d. All correctional staff will be instructed and trained in basic first aid and life-saving techniques, and capable of performing basic first aid and life-saving techniques.
e. Paramedics and EMT's will be available, using community resources as necessary.
f. The most qualified health care provider on-site at the time of an emergency will determine the type and need for transportation to an off-site facility. 39. In all emergencies, a USP MD, NP, or PA-c will be contacted. The MD, NP, or PA-c will provide direct emergency care, consultation, or follow-up, as they deem appropriate. 40. Tracking and Monitoring. The USP will track inmates with medical problems using a computerized tracking system. The Quality Improvement Committee will monitor all medical services to ensure that care is administered to standard, that follow-up on inmates/ failures to keep appointments and to refill prescriptions is documented in the medical record, and to identify trends or deficiencies within the health care program.

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DENTAL SERVICES 41. Inmates entering the USP will receive an oral hygiene
evaluation as part of their reception and orientation screening. See TMF 06/04.04. Dental problems will be prioritized and dental services delivered in a timely manner. See TMF 06/04.01 to -04.11. Inmates may request dental services on the dental request form.
42. Routine dental services will be provided 5 days a week, excluding holidays. No inmates will be required to wait longer than forty-five (45) working days for routine dental services.
43. Care for urgent/emergent dental problems will reflect community standards. Urgent dental problems will be seen Monday through Friday at the first available dental clinic following submission of a dental request form and validation of the complaint.
a. Inmates who have pain caused by a dental problem when there is no dentist on site, will be seen and treated appropriately for the relief of pain by a health care provider.
b. Dental problems will be referred off-site as clinically indicated. If urgent dental problems cannot be seen within seventy-two (72) hours, inmates will be referred to outside dental services.

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44. Follow-up. The USP will establish appropriate protocols for follow-up treatment of dental problems, including treatment intervals.
45. Tracking and Monitoring. The USP will track inmates with dental problems using a computerized tracking system. The Quality Improvement Committee will monitor all dental services to ensure quality of care, and to identify trends or deficiencies within the health care system. SUPPORT SERVICES
46. Diets. Inmates will be provided with special diets as clinically determined by the health care provider. See TMF 06/03.10.
47. Pharmacy. The pharmacy will fill prescriptions on a routine basis, five days a week except holidays.
a. Each prescribing health care provider will be responsible for monitoring the medications they prescribe, including follow-up on inmates who fail to report to the pill line or to obtain prescriptions as scheduled. All medications will be continued for as long as deemed clinically necessary by the health care provider, but no longer than three months without clinical review.
b. Inmates will be instructed about possible adverse effects of their medication by the prescribing health care provider. The pharmacy will maintain profiles of each

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inmate's current medications so as to identify potential adverse drug interactions.
c. Pharmacy services will be available "on-call" to fill prescriptions deemed urgent by the prescribing health care provider. Such prescriptions will be filled within no more than twelve (12) hours of the call. See TMF 06/06.0. 48. Monitoring. The Quality Improvement Committee will monitor all support services to ensure that such services are administered to standard. In particular, the Quality Improvement Committee will monitor the drug delivery system to assess the correct and timely delivery of medication to inmates. HEALTH EDUCATION PROGRAM 49. The Defendants agree that healthy life-styles are desired but are not constitutionally mandated. Efforts, however, will be undertaken to educate the general population in proper health maintenance and modified life-style behaviors to promote health. Programs such as stopping smoking, reducing cholesterol, losing weight, and preventing medical and dental problems, will be offered as the staffing levels allow. MEDICAL RECORDS 50. The Bureau of Medical Services will maintain the confidentiality of the medical and dental records, both electronic and paper, in accordance with Utah law. The Quality Improvement Committee will periodically review the medical and

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dental records based on specific criteria and studies, as it deems necessary. POLICIES AND PROCEDURES: COMMITMENT TO ADOPT
51. Defendants believe that the adoption and regular review of policies and procedures relating to prison administration, including medical and dental services, is an administratively sound practice. It is agreed, however, that procedures per se are not constitutionally mandated and this agreement to adopt these measures does not constitute a basis for subsequent review by a court.
52. Where policies and procedures do not exist or are in the process of revision, the Defendants will develop and adopt policy and procedures encompassing the following areas:
a. Chronic medications. b. Chronically ill. c. Terminally ill. d. Immunocompromised patients. e. Maintenance of professionally sound medical and dental records. f. Discharge planning. g. Continuous Quality Improvement Program. h. Transfer of inmates between housing units, i. Education and training of correctional, medical and dental services staff, j. Medical supplies.

st \khs\796

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k. Inmates with severe physical disabilities whose adaptation to the correctional environment may be significantly impaired.
1. Health care preventive screen to include, but not be limited to pap smears, mammography, etc.
m. Periodic physicals for inmates at high risk for health problems;
n. Medical staff assistance in body cavity searches;
o. Infirmary care; and p. Documentation of inmate deaths. See TMF 06.00. 53. Monitoring. The Quality Improvement Committee will review policies and procedures to ensure that such policies and procedures reflect applicable standards, and that such policies and procedures are implemented. QUALITY IMPROVEMENT COMMITTEE 54. The Quality Improvement Committee will be minimally comprised of, but not limited to, an administrative representative, an MD representative, an NP or PA-c representative, a DDS representative, a pharmacy representative, and a mental health representative. The Quality Improvement Committee will be chaired by a quality assurance nurse. See TMF 06/14.00.

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55. The Quality Improvement Committee will meet at least monthly. Its responsibilities will include reviewing all unexpected or poor outcomes, regularly reviewing services by offsite health care providers, monitoring inmate visits to health care providers, and conducting, as it deems necessary, initial prospective studies.
56. The Quality Improvement Committee will monitor, at random and on a continuous basis, a minimum of five percent (5%) of all inmate written sick call requests to evaluate:
a. A timely and appropriate response; b. Clinical diagnosis; and c. Treatment. 57. It will be the responsibility of the Quality Improvement Committee to monitor inmate grievances to identify trends in the complaints that may indicate problem areas in the health care delivery system. 58. The Quality Improvement Committee will have authority to investigate quality assurance issues and recommend action as needed. The Quality Improvement Committee will implement the Continuous Quality Improvement Program, including: a. Identification of important aspects of care; b. Establishment of monitoring indicators; c. Establishment of monitoring criteria; d. Establishment of method for data collection;1 e. Responsibility for data review;

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f. Implementation of recommendations to improve the quality of care; and
g. Follow-up monitoring to assure compliance. 59. The Quality Improvement Committee will prepare reports of its activities.Such reports, and specific minutes, notes and incidents are confidential and their confidentiality will be maintained. The Impartial Expert, as described in Para. 60. will have access to all quality assurance information to assess compliance, but will maintain its confidentiality. Nothing in this paragraph will constitute a waiver by either party of its right to seek or to object to further disclosure of such information in any further proceedings in this case. TWO YEAR COMPLIANCE 60. Defendants have two (2) years from the Court's approval of this Stipulation [the "Order"] to come into compliance with the provisions of this Stipulation.
a. Defendants' compliance with this Stipulation will be assessed by an Impartial Expert ["Impartial Expert"].
b. The Impartial Expert will be selected jointly by Plaintiff's medical expert and Defendants' medical expert, to carry out the responsibilities set forth in this Stipulation.
c. If the Impartial Expert is unable to fulfill his or her responsibilities under this Stipulation,

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Plaintiff's medical expert and Defendants' medical expert will jointly select another Impartial Expert to do so. 61. Defendants agree to provide the Impartial Expert and Plaintiff's counsel with written progress reports ["Progress Reports1'] in six (6) month intervals during the first two (2) years following the Court's approval of this Stipulation, plus a final Progress Report at the end of the third year following the Court's approval of this Stipulation. Such Progress Reports will describe the Defendants' progress toward compliance with this Stipulation. 62. The Impartial Expert and Plaintiff's designee, will be permitted to conduct a total of three (3) on-site visits to the USP during the first two (2) years following the Court's approval of this Stipulation. Such on-site visits will occur at intervals to be determined by the Impartial Expert, but in no case more frequently than every six (6) months, or less frequently than every one (1) year. In addition, the Impartial Expert and Plaintiff's designee will be permitted a final on-site visit at the end of the third year following the court's approval of this Stipulation. 63. On-site visits will be up to two (2) days in duration. All expenses and costs associated with the work of the Impartial Expert will be paid by Defendants. All parties will cooperate to

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ensure that the Impartial Expert may complete the on-site visits within the two (2) day period allotted for such visits.
a. Costs of the four (4) on-site visits will not exceed thirty thousand ($30,000).
b. If the completion of the on-site visit is delayed due to natural events, events relating to the operation of the prison, or conduct of Defendants or their personnel, any of which would have a material effect on the Impartial Expert's ability to conduct the on-site visit, the length of the on-site visit will be extended accordingly, at Defendant's additional expense.
c. Otherwise, if Plaintiff believe the two (2) day on-site visit is not satisfactory, it will be the financial obligation of the Plaintiff to pay for any additional expenses and costs of the Impartial Expert, not to exceed one (1) additional day. 64. The Defendants may select a designee to accompany the Impartial Expert and Plaintiff's designee during the on-site visit. Neither Plaintiff's designee nor Defendants' designee need be the same person for each on-site visit.
a. During such on-site visits, the Impartial Expert may review all matters referred to in this Stipulation, and that are not otherwise legally privileged.

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b. The Impartial Expert, accompanied by Plaintiff's designee and Defendants' designee, may speak with any Defendant or staff member of the USP.
c. The Impartial Expert may engage in private conversations with any Class Member.
d. The Impartial Expert will abide by all Court orders regarding confidentiality of individual inmate prison files and medical, dental and mental health files. 65. The Impartial Expert will prepare a written report of his or her findings, within thirty (30) days of each on-site visit and send a copy to Plaintiff's and Defendants' counsel. 66. The role of the Impartial Expert will be advisory on matters of compliance. Should the Impartial Expert have the opinion at any time that Defendants are not in substantial compliance with any matter herein, then the Impartial Expert will notify Plaintiff's and Defendants' counsel in writing of such opinion. CONTINUING JURISDICTION 67. The Court will retain jurisdiction over this action for a period of three (3) years for the purpose of enforcing the provisions of this Stipulation. In the event of any motion for relief based upon Defendants' alleged non-compliance, Defendants will be considered to be in compliance with the provisions of this Stipulation unless Plaintiff makes a showing by a preponder-

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ance of the evidence that Defendants' failures or omissions to meet the terms of this Stipulation are not minimal or isolated, but are substantial and widespread.
68. Should Plaintiff establish that Defendants are not in compliance, as set forth above, the Court may:
a. Alter the frequency or extend the period of Defendants' "Progress Reports" and the on-site visits by the Impartial Expert for the sites or functions found to be out of compliance;
b. Extend the compliance period, but only for the sites or functions found to be out of compliance and by no more than one (1) year increments; and
c. extend its jurisdiction over this action, but by no more than one (1) year beyond the date that Defendants are in compliance with this Stipulation. Defendants will bear the costs of any additional on-site visits required by Defendants' non-compliance with this Stipulation. However, such additional costs will be subject to a cost limitation proportionate to that set forth in Para. 62, as adjusted for inflation. For example, if two additional visits are required by Defendants' noncompliance, the cost of such visits will not exceed $15,000, plus additional amounts, if any, for inflation.

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EARLY COMPLIANCE 69. In the event Defendants believe they are in full com-
pliance prior to the expiration of the two (2) years following the Court's approval of this Stipulation, Defendants will notify the Impartial Expert and Plaintiff's counsel in writing of such belief.
70. Within ninety (90) days thereafter, the Impartial Expert will conduct an on-site visit of up to three (3) days in duration. This on-site visit will not be counted as one of the four on-site visits under Paras. 61 and 62 above. Costs for this on-site visit, including time and expenses for the Impartial Expert to prepare his or her report, wiil be paid by Defendants and will not exceed $5,000.
a. If the completion of the on-site visit is delayed due to natural events, events relating to the operation of the prison, or conduct of Defendants or their personnel, any of which would have a material effect on the Impartial Expert's ability to conduct the on-site visit, the length of the on-site visit will be extended accordingly, at Defendant's additional expense.
b. Otherwise, if Plaintiff believe the two (2) day on-site visit is not satisfactory, Plaintiff will be responsible for any additional expenses and costs of

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the Impartial Expert, not to exceed one (1) additional day. 71. The Impartial Expert's on-site visit will be conducted according to Para. 63. 72. The Impartial Expert will prepare a written report within forty-five (45) days of the on-site visit either affirming or rejecting Defendants' assertion of full compliance, and will send a copy to Plaintiff's and Defendants' counsel. 73. In the event the Impartial Expert finds the Defendants have achieved early full compliance, the Impartial Expert and Plaintiff's designee will make one (1) final on-site visit at the end of one (1) year following the Impartial Expert's finding of early full compliance. The Impartial Expert's final on-site visit will be conducted according to Paras. 63 and 69. The Impartial Expert will prepare and send a written report according to Para. 71. 74. If, after the final on-site visit, the Impartial Expert finds the Defendants are still in full compliance, Defendants' counsel may submit the Impartial Expert's determination to the Court and request an early dismissal of the action. 75. If the Impartial Expert finds, during either of the onsite visits, the Defendants have not achieved early full compliance, the provisions regarding two (2) year compliance and continuing jurisdiction (i.e., Paras. 60 through 69) will be fully reinstated.

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DISPUTE RESOLUTION 76. In the event a dispute arises as to whether Defendants
have failed to comply with the terms of this Stipulation, counsel for the parties will proceed as follows:
a. Counsel for the parties will make a good faith effort to resolve any difference which may arise between them over matters of compliance. Prior to the institution of any proceeding before the Court to enforce the provisions of this Stipulation, Plaintiff's counsel will notify Defendants' counsel in writing of any claim that Defendants are in violation of any provision of this Stipulation.
b. Within ten (10) business days of the receipt of this notice, counsel for Plaintiff and Defendants will meet in an attempt to arrive at an amicable resolution of the claim. If after ten (10) business days following such meeting, the matter has not been resolved, Defendants' counsel will be so informed by Plaintiff's counsel, in writing, and Plaintiff may then have due recourse to the Court. 77. This Stipulation is binding on all Class Members and will settle and compromise all injunctive and declaratory medical and dental health claims raised in any complaints that may have been filed in this action, as well as all similar systemic claims for injunctive and declaratory relief which could have been made,

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known or unknown, prior to the date the Order is signed by the Court. MODIFICATION OF THE TERMS OF THE STIPULATION
78. Should either party, during the life of this agreement, desire to modify any substantive provision of this Stipulation, they must, in writing, give notice to opposing counsel as to the proposed modification and its rationale.
79. Within five (5) business days, opposing counsel must respond to the proposed modification in writing by indicating their consent or their intent to oppose the proposed modification. If opposing counsel refuses to consent to the proposed modification, the petitioning party may move, pursuant to Rule 60(b)(6) of the Federal Rules of Civil Procedure, for an order modifying the relevant terms of this Stipulation.
80. Unless the party petitioning for modification makes a clear and convincing showing that the circumstances justify such modification, this Stipulation will not be altered.
81. The parties agree to an Order implementing this Stipulation in the form attached hereto.

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DATED this

day of

1992.

W. Cullen Battle Kathleen H. Switzer FABIAN & CLENDENIN

R. Paul Van Dam Attorney General Attorney for Defendant

Robert B. Denton Mary A. Rudolph Lisa A. Marcy LEGAL CENTER FOR PEOPLE WITH DISABILITIES

Kirk M. Torgensen Frank D. Mylar Assistant Attorneys General Attorneys for Defendants

Alexa R. Freeman Mark J. Lopez NATIONAL PRISON PROJECT of the AMERICAN CIVIL LIBERTIES FOUNDATION Attorneys for Plaintiff

O. Lane McCotter Director Utah Department of Corrections

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

Page 1 of 29

Electronic Case Filing System District of Utah (Central)
CIVIL DOCKET FOR CASE #: 2:89-cv-01124-TC

CLOSED

Henry v. DeLand, et al Assigned to: Judge Tena Campbell Demand: $0 Cause: 42:1983 Prisoner Civil Rights
Plaintiff Sandra Henry

Date Filed: 12/18/1989 Jury Demand: None Nature of Suit: 550 Prisoner: Civil Rights Jurisdiction: Federal Question
represented by Alexa P. Freeman NATIONAL PRISON PROJECT OF THE ACLUF, INC. 1875 Connecticut Avenue, NW, Suite 410 Washington, DC 20009 (202)234-4830 TERMINATED: 08/24/1993 LEAD ATTORNEY
Kathleen H Switzer 1071 S 800 E BOUNTIFUL, UT 84010 (801)530-6866 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Linda V Priebe BAZELON CENTER FOR MENTAL HEALTH LAW 1101 15TH ST NW STE 1212 WASHINGTON, DC 20005-5002 202-467-5730 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Lisa M. McGarry 644 E UNION SQUARE SANDY, UT 84070 (801)571-6611 Email: lisa@cullimore.net LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mark J. Lopez AMERICAN CIVIL LIBERTIES

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UNION 125 BROAD ST 17TH FL NEW YORK, NY 10004 (212)549-2608 Email: mlopez@aclu.org LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mary A Rudolph DISABILITY LAW CENTER 205 N 400 W 1ST FL SALT LAKE CITY, UT 84103 (801)363-1347 TERMINATED: 01/06/1994 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mohamedu F. Jones NATIONAL PRISON PROJECT OF THE ACLUF, INC. 1875 Connecticut Avenue, NW, Suite 410 Washington, DC 20009 (202)234-4830 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Robert B. Denton DISABILITY LAW CENTER 205 N 400 W 1ST FL SALT LAKE CITY, UT 84103 (801)363-1347 Email: rdenton@disabilitylawcenter.org
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Robert K. Heineman FABIAN & CLENDENIN 215 S STATE STE 1200 PO BOX 510210 SALT LAKE CITY, UT 84151 (801) 531-8900 LEAD ATTORNEY
W. Cullen Battle FABIAN & CLENDENIN 215 S STATE STE 1200 PO BOX 510210 SALT LAKE CITY, UT 84151

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V.
Defendant
Gary W. DeLand Director, Utah Dept. of Corrections

(801) 531-8900 Email: cbattle@fabianlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Allan L Larson SNOW CHRISTENSEN & MARTINEAU 10 EXCHANGE PLACE 11TH FLOOR PO BOX 45000 SALT LAKE CITY, UT 84145-5000 (801)521-9000 Email: intakeclerk@scmlaw.com TERMINATED: 07/06/1993 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Carrie L Sandbaken Hill 16519 83rd Avenue-North Maple Grove, MN 55311 LEAD ATTORNEY
Christopher D. Nolan SALT LAKE COUNTY DISTRICT ATTORNEY'S OFFICE 111 E BROADWAY STE 400 SALT LAKE CITY, UT 84111 (801)363-7900 TERMINATED: 04/22/1991 LEAD ATTORNEY
Frank D Mylar MYLAR & ASSOCIATES 6925 S UNION PK CTR STE 600 MIDVALE, UT 84047 (801)858-0700 Email: mylar-law@comcast.net LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kent M. Barry 55 N UNIVERSITY #219 PROVO, UT 84601 (801)812-5200 TERMINATED: 04/22/1991 LEAD ATTORNEY

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Defendant
O. Lane McCotter Director of Institutional Operations Division, Utah Dept. of Corrections

ATTORNEY TO BE NOTICED
Kirk Torgensen UTAH ATTORNEY GENERAL'S OFC (5272) 5272 S COLLEGE DR STE 200 MURRAY, UT 84123 (801)281-1205 Email: ktorgensen@utah.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mariane Baldwin 6100 S 300 E, #204 Salt Lake City, UT 84107 TERMINATED: 04/22/1991 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Allan L Larson (See above for address) TERMINATED: 07/06/1993 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Carrie L Sandbaken Hill (See above for address) LEAD ATTORNEY
Christopher D. Nolan (See above for address) TERMINATED: 04/22/1991 LEAD ATTORNEY
Frank D Mylar (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kent M. Barry (See above for address) TERMINATED: 04/22/1991 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kirk Torgensen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Defendant Lynn Jorgensen Warden, USP
Defendant Daniel J. Leatham Bureau Chief of support Services, USP

Mariane Baldwin (See above for address) TERMINATED: 04/22/1991 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Allan L Larson (See above for address) TERMINATED: 07/06/1993 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Carrie L Sandbaken Hill (See above for address) LEAD ATTORNEY
Christopher D. Nolan (See above for address) TERMINATED: 04/22/1991 LEAD ATTORNEY
Frank D Mylar (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kent M. Barry (See above for address) TERMINATED: 04/22/1991 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kirk Torgensen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mariane Baldwin (See above for address) TERMINATED: 04/22/1991 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Allan L Larson (See above for address) TERMINATED: 07/06/1993 LEAD ATTORNEY

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Defendant
Russell Stevenson Acting Director of Medical Facilities, USP

ATTORNEY TO BE NOTICED
Carrie L Sandbaken Hill (See above for address) LEAD ATTORNEY
Christopher D. Nolan (See above for address) TERMINATED: 04/22/1991 LEAD ATTORNEY
Frank D Mylar (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kent M. Barry (See above for address) TERMINATED: 04/22/1991 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kirk Torgensen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mariane Baldwin (See above for address) TERMINATED: 04/22/1991 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Allan L Larson (See above for address) TERMINATED: 07/06/1993 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Carrie L Sandbaken Hill (See above for address) LEAD ATTORNEY
Christopher D. Nolan (See above for address) TERMINATED: 04/22/1991 LEAD ATTORNEY
Frank D Mylar

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Defendant
Blen Freestone Asst Director of Medical Facilities, USP

(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kent M. Barry (See above for address) TERMINATED: 04/22/1991 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kirk Torgensen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mariane Baldwin (See above for address) TERMINATED: 04/22/1991 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Allan L Larson (See above for address) TERMINATED: 07/06/1993 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Carrie L Sandbaken Hill (See above for address) LEAD ATTORNEY
Christopher D. Nolan (See above for address) TERMINATED: 04/22/1991 LEAD ATTORNEY
Frank D Mylar (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kent M. Barry (See above for address) TERMINATED: 04/22/1991 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kirk Torgensen (See above for address)

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Defendant
Gerald O'Brien Assistant Director of Medical Facilities

LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mariane Baldwin (See above for address) TERMINATED: 04/22/1991 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Allan L Larson (See above for address) TERMINATED: 07/06/1993 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Carrie L Sandbaken Hill (See above for address) LEAD ATTORNEY
Frank D Mylar (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kent M. Barry (See above for address) TERMINATED: 04/22/1991 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kirk Torgensen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mariane Baldwin (See above for address) TERMINATED: 04/22/1991 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 12/18/1989 12/18/1989
12/26/1989

#

Docket Text

1 Complaint filed; assigned to Judge Jenkins (tb) (Entered: 12/19/1989)

Summons(es) issued for Gary DeLand, Gerald Cook, Eldon Barnes, Daniel Latham, Bruce Egan, Blen Freestone (tb) (Entered: 12/19/1989)

2 Order of Reference 28:636 b1B signed by BSJ 12/21/89 (Entered:

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12/27/1989 01/08/1990 01/08/1990 01/12/1990
01/24/1990 02/02/1990 02/06/1990 02/06/1990 02/06/1990
02/12/1990
02/23/1990
02/23/1990 02/23/1990 03/05/1990 03/14/1990
04/06/1990

12/26/1989)
Case referred to Judge Ronald N. Boyce (Entered: 12/28/1989)
3 Order, directing USMS to svc S&C signed by RNB (Entered: 01/08/1990)
4 Order, directing parties as to svc of pleadings signed by RNB (Entered: 01/08/1990)
5 Return of summons executed as to Gary DeLand, Gerald Cook, Eldon Barnes, Daniel Latham, Bruce Egan, Blen Freestone 1/8/90 Answer due on 1/28/90 for Blen Freestone, for Bruce Egan, for Daniel Latham, for Eldon Barnes, for Gerald Cook, for Gary DeLand (Entered: 01/12/1990)
6 Notice by Sandra Henry to take deposition of records depos of U of U Med Center, 2/12/90, 2/8/90 (Entered: 01/26/1990)
7 Certificate of service of 1st interrog and Req/Prod of doc by Sandra Henry (Entered: 02/06/1990)
8 Motion by Sandra Henry, to certify class action (Entered: 02/08/1990)
9 Memorandum by Sandra Henry in support of [8-1] motion to certify class action (Entered: 02/08/1990)
10 Notice by Sandra Henry to take records deposition of State Medical Examiner, 2/16/90; David Yocum, County Atty., 2/16/90 (Entered: 02/08/1990)
11 Notice of Hearing:, Motion hearing set for 1:30 2/23/90 for [8-1] motion to certify class action , Initial Pretrial Conference set for 1:30 2/23/90 (Entered: 02/12/1990)
12 Minute entry:, Motion hearing set for 2:00 3/5/90 for [8-1] motion to certify class action , Initial Pretrial Conference held (Entered: 02/26/1990)
13 Scheduling order signed by RNB setting Deadline for filing of all motions 1/15/91 Discovery cutoff 12/1/90 (Entered: 02/26/1990)
14 Answer to Complaint by Gary DeLand, Gerald Cook, Eldon Barnes, Daniel Latham, Bruce Egan, Blen Freestone (Entered: 02/26/1990)
15 Minute entry:, Motion hearing held for [8-1] motion to certify class action granting [8-1] motion to certify class action (Entered: 03/06/1990)
16 Report and Recommendations signed by Ronald N. Boyce Re: [8-1] motion to certify class action - recommends that court permit instant action to be maintained by pl. as a class action; Motion no longer referred Objections to R and R due by 3/24/90 (Entered: 03/19/1990)
17 Order granting [8-1] motion to certify class action signed by BSJ, 4/6/90. Pltf to prepare an order for the class & submit to crt within twenty days. cc: atty (ce) (Entered: 04/09/1990)

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04/25/1990 04/26/1990 04/26/1990 04/27/1990
05/01/1990 05/01/1990 05/01/1990 05/01/1990 05/01/1990 05/01/1990 05/01/1990 05/02/1990
05/31/1990
06/04/1990 06/15/1990
06/21/1990 06/25/1990 06/25/1990

18 Order granting [8-1] motion to certify class action signed by BSJ (Entered: 04/26/1990)
19 Motion by Sandra Henry, for Alexa P. Freeman, Mark J. Lopez to appear pro hac vice (Entered: 04/27/1990)
20 Notice of filing proposed plan for notification by Sandra Henry (Entered: 04/27/1990)
21 Order granting [19-1] motion for Alexa P. Freeman, Mark J. Lopez to appear pro hac vice signed by RNB, 4/27/90 as cnsl for pltfs. cc: atty (ce) (Entered: 05/01/1990)
23 Response to Discovery Re: Def Cook's Resp to Pltfs' 1st interrog (Entered: 05/02/1990)
24 Response to Discovery Re: Def Leatham's Resp to Pltfs' 1st interrog (Entered: 05/02/1990)
25 Response to Discovery Re: Def Barnes' Resp to Pltfs' 1st interrog (Entered: 05/02/1990)
26 Response to Discovery Re: Def Egan's Resp to Pltfs' 1st interrog (Entered: 05/02/1990)
27 Response to Discovery Re: Def Freestone's Resp to Pltfs' 1st interrogs (Entered: 05/02/1990)
28 Response to Discovery Re: Def Deland's Resp to Pltfs' 1st interrog (Entered: 05/02/1990)
29 Response to Discovery Re: Defs' Resp to Pltfs' 1st Req/Prod of Doc (Entered: 05/02/1990)
22 Notice of Hearing:, miscellaneous hearing set for 3:00 5/15/90 for [20-1] file notice re proposed plan for notification, set before RNB cc: atty (ce) (Entered: 05/02/1990)
30 Stipulation by Sandra Henry, Gary DeLand, Gerald Cook, Eldon Barnes, Daniel Latham, Bruce Egan, Blen Freestone, stip re: plan for notification (Entered: 06/01/1990)
31 Order granting [30-1] stipulation motion stip re: plan for notification signed by RNB (Entered: 06/04/1990)
32 Motion by Gary DeLand, Gerald Cook, Eldon Barnes, Daniel Latham, Bruce Egan, Blen Freestone, to substitute attorney Mariane Baldwin and C. Dane Nolan for Kent Barry as counsel for defts (Entered: 06/19/1990)
33 Certificate of service by Sandra Henry re pltfs second set req/prod doc; pltfs second set interrog (ce) (Entered: 06/21/1990)
34 Motion by Sandra Henry, for leave to file oversz memo re: memo in suppt of Mot/Compel (Entered: 06/27/1990)
35 Motion by Sandra Henry, to compel Answers to interrog and to award

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06/25/1990 06/25/1990 06/27/1990 07/12/1990
07/23/1990 07/30/1990 08/03/1990 08/06/1990
08/06/1990
08/06/1990
08/13/1990 08/13/1990
08/14/1990 08/15/1990
08/16/1990 09/07/1990 09/14/1990

expenses (Entered: 06/27/1990)
36 Memorandum by Sandra Henry in support of [35-1] motion to compel Answers to interrog and to award expenses (Entered: 06/27/1990)
37 Affidavit of Kathleen H. Switzer (Entered: 06/27/1990)
38 Order granting [34-1] motion for leave to file oversz memo re: memo in suppt of Mot/Compel signed by RNB. cc: atty (ce) (Entered: 06/28/1990)
39 Response by Gary DeLand, Gerald Cook, Eldon Barnes, Daniel Latham, Bruce Egan, Blen Freestone to [35-1] motion to compel Answers to interrog and to award expenses (Entered: 07/16/1990)
40 Response to Discovery Re: Defs' Supp Resp to Pltfs' 1st interrog (Entered: 07/25/1990)
41 Response to Discovery Re: Defs' Partial Resp to Pltfs' 2nd Req/Prod of Docs (Entered: 07/31/1990)
45 Notice of attorney appearance for Sandra Henry by Mary A Rudolph (Entered: 08/08/1990)
42 Stipulation by Sandra Henry, Gary DeLand, Gerald Cook, Eldon Barnes, Daniel Latham, Bruce Egan, Blen Freestone, stip to extend time to 8/6/90 for defs to resp to pltfs' disc (Entered: 08/08/1990)
43 Stipulation by Sandra Henry, Gary DeLand, Gerald Cook, Eldon Barnes, Daniel Latham, Bruce Egan, Blen Freestone, stip to stay/suspend proceeding on Pltfs' Mot/compel (Entered: 08/08/1990)
44 Objections to Pltfs' 2nd interrog and 2nd Req/Prod of Docs by Gary DeLand, Gerald Cook, Eldon Barnes, Daniel Latham, Bruce Egan, Blen Freestone (Entered: 08/08/1990)
46 Certificate of service 3rd set of Req/Prod of Docs and 3rd interrogs by Sandra Henry (Entered: 08/14/1990)
47 Notice by Sandra Henry to take deposition of State Medical Examiner, 8/27/90; David Yocum, 8/31/90; U of U Medical Center, 8/27/90 (Entered: 08/14/1990)
48 Notice of attorney appearance for Sandra Henry by Mary A. Rudolph, Esq. (Entered: 08/15/1990)
49 Motion by Gary DeLand, Gerald Cook, Eldon Barnes, Daniel Latham, Bruce Egan, Blen Freestone, to extend time to 9/24/90 to resp to Pltf's 2nd set of disc (Entered: 08/16/1990)
50 Order granting [49-1] motion to extend time to 9/24/90 to resp to Pltf's 2nd set of disc signed by RNB (Entered: 08/20/1990)
51 Notice of filing Change of Address of co-cnsl for ACLU by Sandra Henry (Entered: 09/10/1990)
52 Notice by Sandra Henry to take records deposition of U of U Med

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09/25/1990 09/25/1990 09/25/1990
09/26/1990 10/01/1990 10/01/1990 10/01/1990 10/01/1990
10/03/1990 10/03/1990 10/04/1990
10/09/1990 10/09/1990 10/09/1990 10/09/1990 10/10/1990

Center, 9/27/90 (Entered: 09/17/1990)
53 Response to Discovery Re: Defs' Resp to Pltfs' 2nd Req/Prod of Docs (Entered: 09/26/1990)
54 Response to Discovery Re: Defs' Amd Resp to Pltfs' 2nd Req/Prod of Docs (Entered: 09/26/1990)
55 2nd Answer to Pltfs' 2nd Interrogatories by Gary DeLand, Gerald Cook, Eldon Barnes, Daniel Latham, Bruce Egan, Blen Freestone (Entered: 09/26/1990)
56 Return of service executed re: subp on U of U Medical Center, 9/18/90 (Entered: 09/28/1990)
57 2nd Answer to pltf's 2nd set of Interrogatories by Gary DeLand (Entered: 10/02/1990)
58 2nd Answer to pltf's 2nd set of Interrogatories by Blen Freestone (Entered: 10/02/1990)
59 2nd Answer to 2nd set of Interrogatories by Daniel Latham (Entered: 10/02/1990)
60 Notice of attorney appearance for Gary DeLand, Gerald Cook, Eldon Barnes, Daniel Latham, Bruce Egan, Blen Freestone by Allan L Larson (Entered: 10/02/1990)
61 2nd Answer to Pltfs' 2nd Interrogatories by Gerald Cook (Entered: 10/04/1990)
62 2nd Answer to Pltf's 2nd Interrogatories by Bruce Egan (Entered: 10/04/1990)
63 Certificate of service of 1st interrog and 1st Req/Prod of Docs by Gary DeLand, Gerald Cook, Eldon Barnes, Daniel Latham, Bruce Egan, Blen Freestone (Entered: 10/09/1990)
64 Answer to pltf's 3rd set of Interrogatories by Blen Freestone (Entered: 10/11/1990)
65 Answer to Pltf's 3rd Set of Interrogatories by Gary DeLand (Entered: 10/11/1990)
66 Answer to Pltf's 3rd Set of Interrogatories by Daniel Latham (Entered: 10/11/1990)
67 Response to Discovery Re: Defs' Resp to Pltfs' 3rd Req/prod of docs (Entered: 10/11/1990)
68 Notice by Gary DeLand, Gerald Cook, Eldon Barnes, Daniel Latham, Bruce Egan, Blen Freestone to take deposition of James Gardner, Danny Capps, Raule Amador, Larry Morgan, Stuart Oliekan, 10/24/90; Paul Terry, Richard Jenson, Henry Bruce, Peter Strieby, Mark Bitton, Jack Hallett, 10/26/90; Dallas Harrison, Jerry Ulrich, Steven Tingey, Howard

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10/11/1990
10/12/1990 10/12/1990 10/16/1990
10/19/1990 10/19/1990 10/26/1990 10/29/1990 11/15/1990 11/15/1990 11/15/1990 11/16/1990 11/26/1990

Solomon,Douglas Stewart, David Lorrah, 10/30/90 (Entered: 10/12/1990)
69 Motion by Gary DeLand, Gerald Cook, Eldon Barnes, Daniel Latham, Bruce Egan, Blen Freestone, for discovery re: to allow depositions of James Gardner, Danny Capps, Raule Amador, Larry Morgan, Stuart Oliekan, 10/24/90; Paul Terry, Richard Jenson, Henry Bruce, Peter Strieby, Mark D. Bitton, Jack Hallett, 10/26/90; Dallas Harrison, Jerry Ulrich, Steven Tingey, David Lorrah, Douglas Stewart, Howard Solomon, 10/30/90 (Entered: 10/12/1990)
70 Answer to Pltf's 3rd Interrogatories by Gerald Cook (Entered: 10/15/1990)
71 Answer to Pltfs' 3rd Interrogatories by Bruce Egan (Entered: 10/15/1990)
73 Order granting [69-1] motion for discovery re: to allow depositions of James Gardner, Danny Capps, Raule Amador, Larry Morgan, Stuart Oliekan, 10/24/90; Paul Terry, Richard Jenson, Henry Bruce, Peter Strieby, Mark D. Bitton, Jack Hallett, 10/26/90; Dallas Harrison, Jerry Ulrich, Steven Tingey, David Lorrah, Douglas Stewart, Howard Solomon, 10/30/90 signed by RNB (lsy) (Entered: 10/20/1990)
74 Stipulation filed by Sandra Henry, Gary DeLand, Gerald Cook, Eldon Barnes, Daniel Latham, Bruce Egan, Blen Freestone RE: confidentiality of inmate prison files (lsy) (Entered: 10/22/1990)
75 Motion by Sandra Henry, for entry of order re: stipulation (74-1) concerning the confidentiality of inmate prison files (lsy) (Entered: 10/22/1990)
76 Amd Notice by Gary DeLand, Gerald Cook, Eldon Barnes, Daniel Latham, Bruce Egan, Blen Freestone to take deposition of Mark Bitton, 10/31/90 (Entered: 10/29/1990)
77 Order granting [75-1] motion for entry of order re: stipulation (74-1) concerning the confidentiality of inmate prison files signed by RNB (Entered: 10/30/1990)
78 Motion by Sandra Henry, to extend time re: Scheduling ddls (Entered: 11/15/1990)
79 Stipulation by Sandra Henry, Gary DeLand, Gerald Cook, Eldon Barnes, Daniel Latham, Bruce Egan, Blen Freestone, stip to extend time re: scheduling ddls (Entered: 11/15/1990)
80 Order granting [78-1] motion to extend time re: Scheduling ddls granting [79-1] stipulation motion stip to extend time re: scheduling ddls, discovery due set for 4/30/91 signed by RNB (Entered: 11/16/1990)
81 Notice by Sandra Henry to take deposition of Paul Thorpe, 12/5/90 (Entered: 11/19/1990)
82 PLTFS First Request for Entry Pursuant to Rule 34(a)(2) - re permitting

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11/29/1990 12/12/1990 01/08/1991 01/08/1991 02/28/1991 02/28/1991 03/01/1991
03/13/1991 03/13/1991 03/18/1991 04/16/1991 04/22/1991 04/22/1991

pltfs atty's & medical experts to enter Utah State Prison & the offices of the Utah Dept. of Corrections on 12/13,14,17,18/90 (ce) (Entered: 11/26/1990)
83 Notice of filing - 2nd ntc of change of address by Alexa P. Freeman, Esq., Mark J. Lopez, Esq. attys for pltf. by Sandra Henry (Entered: 11/29/1990)
84 Stipulation filed by Sandra Henry, Gary DeLand, Gerald Cook, Eldon Barnes, Daniel Latham, Bruce Egan, Blen Freestone RE: pltfs' 1st Req/for entry pursuant to Rule 34(a)(2) (Entered: 12/13/1990)
85 Supp Answer to Pltf's 2nd Interrogatories by Gary DeLand, Gerald Cook, Eldon Barnes, Daniel Latham, Bruce Egan, Blen Freestone (Entered: 01/08/1991)
86 Certificate of service of Defs' Supp Resp to Pltf's 2nd Req/Prod of Docs by Gary DeLand, Gerald Cook, Eldon Barnes, Daniel Latham, Bruce Egan, Blen Freestone (Entered: 01/08/1991)
87 Motion by Sandra Henry, to extend time re disc deadline (ce) (Entered: 03/01/1991)
88 Stipulation by Sandra Henry, Gary DeLand, Gerald Cook, Eldon Barnes, Daniel Latham, Bruce Egan, Blen Freestone, stip to extend time re disc cutoff - from 4/30/91 to 9/30/91 (ce) (Entered: 03/01/1991)
89 Order granting [87-1] motion to extend time re disc deadline granting [88-1] stipulation motion stip to extend time re disc cutoff - from 4/30/91 to 9/30/91, discovery due set for 9/30/91 signed by BSJ (Entered: 03/04/1991)
90 Motion by Sandra Henry, to substitute party re: public officials successors (Entered: 03/14/1991)
91 Certificate of service of Pltfs' 34d set of interrogs by Sandra Henry (Entered: 03/14/1991)
92 Order granting [90-1] motion to substitute party re: public officials successors signed by RNB (Entered: 03/19/1991)
93 Answer to Pltf's 4th Interrogatories by Gary W. DeLand, O. Lane McCotter, Lynn Jorgensen, Daniel J. Leatham, Russell Stevenson, Blen Freestone, Gerald O'Brien (Entered: 04/16/1991)
Deposition of Sandra Henry, 10/23/90 (Entered: 04/23/1991)
94 Substitution of Counsel. Terminated attorney Mariane Baldwin for Gerald O'Brien, attorney Kent M Barry for Gerald O'Brien, attorney Mariane Baldwin for Blen Freestone, attorney Christopher D. Nolan for Blen Freestone, attorney Kent M Barry for Blen Freestone, attorney Mariane Baldwin for Russell Stevenson, attorney Christopher D. Nolan for Russell Stevenson, attorney Kent M Barry for Russell Stevenson, attorney Mariane Baldwin for Daniel J. Leatham, attorney Christopher D.

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04/22/1991
04/30/1991 05/02/1991 05/10/1991 05/10/1991 05/31/1991 05/31/1991 06/03/1991 06/06/1991 06/10/1991
06/10/1991 06/10/1991
06/10/1991
07/10/1991

Nolan for Daniel J. Leatham, attorney Kent M Barry for Daniel J. Leatham Added Frank D Mylar (Entered: 04/23/1991)
94 Substitution of Counsel. Terminated attorney Mariane Baldwin for Lynn Jorgensen, attorney Christopher D. Nolan for Lynn Jorgensen, attorney Kent M Barry for Lynn Jorgensen, attorney Mariane Baldwin for O. Lane McCotter, attorney Christopher D. Nolan for O. Lane McCotter, attorney Kent M Barry for O. Lane McCotter, attorney Mariane Baldwin for Gary W. DeLand, attorney Christopher D. Nolan for Gary W. DeLand, attorney Kent M Barry for Gary W. DeLand Added Frank D Mylar (Entered: 04/23/1991)
95 Notice of Hearing: status conference before RNB set for 2:30 5/10/91 (Entered: 04/30/1991)
Deposition of Stewart Lynn Oliekan, 10/24/90 (Entered: 05/02/1991)
96 Notice by Sandra Henry to take records deposition of U of U Medical Centers 5/24/91 (Entered: 05/13/1991)
97 Minute entry:, status conference held Scheduling order previously entered will remain in effect; Court Reporter: electronic (Entered: 05/16/1991)
98 Notice by Sandra Henry to take deposition of State Medical Examiner records depo, 6/10/91 (Entered: 05/31/1991)
99 Notice by Sandra Henry to take deposition of David Yocum, 6/10/91 Records depo (Entered: 05/31/1991)
100 Notice of filing of Pltfs' 2nd Req/for entry pursuant to Rule 34(a)(2) by Sandra Henry (Entered: 06/04/1991)
101 Certificate of service by Sandra Henry re pltfs resp to defs first req/prod doc; pltfs ans to defs first req/interrog (ce) (Entered: 06/07/1991)
102 Stipulation by Sandra Henry, Gerald O'Brien, Blen Freestone, Russell Stevenson, Daniel J. Leatham, Lynn Jorgensen, O. Lane McCotter, Gary W. DeLand stip re: Pltfs' 2nd Request for entry pursuant to Rule 34(a)(2) (Entered: 06/10/1991)
103 Response to Discovery Re: Defs' 2nd Supp Resp to Pltfs' 2nd Req/Prod of Docs (Entered: 06/11/1991)
104 Memorandum in response RE: [100-1] file notice pltf's 2nd Req/for entry pursuant to Rule 34(a)(2) filed by Gary W. DeLand, Gerald O'Brien, Blen Freestone, Russell Stevenson, Daniel J. Leatham, Lynn Jorgensen, O. Lane McCotter (Entered: 06/11/1991)
105 Objections to the scope of pltfs' 2nd Req/for entry (Doc#100) pursuant to Rule 34(a)(2) by Gary W. DeLand, Gerald O'Brien, Blen Freestone, Russell Stevenson, Daniel J. Leatham, Lynn Jorgensen, O. Lane McCotter (Entered: 06/11/1991)
106 Notice of Hearing: Motion hearing set before RNB for 1:30 7/19/91 for

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07/26/1991 07/26/1991
07/29/1991 09/20/1991 11/12/1991 11/12/1991 11/12/1991 12/16/1991
12/16/1991 12/23/1991
01/06/1992 01/09/1992
01/22/1992 01/31/1992

[102-1] stipulation motion stip re: Pltfs' 2nd Request for entry pursuant to Rule 34(a)(2) (Entered: 07/10/1991)
107 Motion by Gary W. DeLand, Gerald O'Brien, Blen Freestone, Russell Stevenson, Daniel J. Leatham, Lynn Jorgensen, O. Lane McCotter to extend time to 2/1/92 re: disc cutoff (Entered: 07/29/1991)
108 Stipulation by Gerald O'Brien, Blen Freestone, Russell Stevenson, Daniel J. Leatham, Lynn Jorgensen, O. Lane McCotter, Gary W. DeLand, Sandra Henry stip to extend time to 2/1/92 for disc cutoff (Entered: 07/29/1991)
109 Order granting [108-1] stipulation motion stip to extend time to 2/1/92 for disc cutoff, discovery due set for 2/1/92 signed by RNB (Entered: 07/30/1991)
Terminated document (Entered: 09/20/1991)
110 Notice by Sandra Henry to take deposition of U of U MEdical Center, 11/22/91; State Medical Examiner, 11/22/91 (Entered: 11/13/1991)
111 Notice by Sandra Henry to take deposition of David Yocum, 11/22/91 (Entered: 11/13/1991)
112 Certificate of service of 5th interrogs and 4th Req/Prod of Docs by Sandra Henry (Entered: 11/13/1991)
113 Certificate of service of Defs' Resp to Pltf's 4th set of Req/Prod of Docs by Gerald O'Brien, Blen Freestone, Russell Stevenson, Daniel J. Leatham, Lynn Jorgensen, O. Lane McCotter, Gary W. DeLand (Entered: 12/17/1991)
114 Certificate of service of Defs' Resp to Pltf's 5th interrogs by Gerald O'Brien, Blen Freestone, Russell Stevenson, Daniel J. Leatham, Lynn Jorgensen, O. Lane McCotter, Gary W. DeLand (Entered: 12/17/1991)
115 Certificate of service of 2nd Req/Prod of Docs, 2nd interrogs and 1st Req/Admiss by Gerald O'Brien, Blen Freestone, Russell Stevenson, Daniel J. Leatham, Lynn Jorgensen, O. Lane McCotter, Gary W. DeLand (Entered: 12/24/1991)
116 Certificate of service of 2nd Req/Admiss by Gerald O'Brien, Blen Freestone, Russell Stevenson, Daniel J. Leatham, Lynn Jorgensen, O. Lane McCotter, Gary W. DeLand (Entered: 01/07/1992)
117 Stipulation by Gerald O'Brien, Blen Freestone, Russell Stevenson, Daniel J. Leatham, Lynn Jorgensen, O. Lane McCotter, Gary W. DeLand, Sandra Henry stip to extend time for pltfs to resp to defs' disc requests (Entered: 01/10/1992)
118 Order granting [117-1] stipulation motion stip to extend time for pltfs to resp to defs' disc requests signed by RNB (Entered: 01/23/1992)
119 Motion by Sandra Henry to extend time re: disc cutoff (Entered: 02/03/1992)

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01/31/1992 02/27/1992 04/01/1992
06/26/1992 08/04/1992
08/05/1992
08/06/1992 08/11/1992
09/10/1992
09/10/1992 09/17/1992 09/23/1992 09/25/1992

120 Stipulation by Gerald O'Brien, Blen Freestone, Russell Stevenson, Daniel J. Leatham, Lynn Jorgensen, O. Lane McCotter, Gary W. DeLand, Sandra Henry stip to extend time re: disc cutoff (Entered: 02/03/1992)
121 Notice by Sandra Henry to take deposition of Dr. Van Austin, 3/17/92; Frank Reese, 3/16/92; Ron Sanchez, 3/18/92; Jeff Galli, 3/18/92; Larry Haisli, 3/18/92 (Entered: 02/27/1992)
122 Notice of attorney appearance for Gerald O'Brien, Blen Freestone, Russell Stevenson, Daniel J. Leatham, Lynn Jorgensen, O. Lane McCotter, Gary W. DeLand by Kirk M. Torgensen, AUAG (ce) (Entered: 04/02/1992)
123 Certificate of service of 6th set of interrogs and 5th set of Req/Prod of Docs by Sandra Henry (Entered: 06/29/1992)
124 Stipulation by Gerald O'Brien, Blen Freestone, Russell Stevenson, Daniel J. Leatham, Lynn Jorgensen, O. Lane McCotter, Gary W. DeLand, Sandra Henry stip to extend time for defs to resp to pltf's 5th req/prod of docs (Entered: 08/05/1992)
125 Stipulation by Gerald O'Brien, Blen Freestone, Russell Stevenson, Daniel J. Leatham, Lynn Jorgensen, O. Lane McCotter, Gary W. DeLand, Sandra Henry stip to extend time for defs to resp to pltfs' 5th req/prod of docs (Entered: 08/06/1992)
126 Order granting [124-1] stipulation motion stip to extend time for defs to resp to pltf's 5th req/prod of docs signed by RNB (Entered: 08/07/1992)
127 Motion by Gerald O'Brien, Blen Freestone, Russell Stevenson, Daniel J. Leatham, Lynn Jorgensen, O. Lane McCotter, Gary W. DeLand for Allan L. Larson, Esq. and Craig L. Barlow, Esq. of Snow, Christensen & Martineau to withdraw as attorney (Entered: 08/12/1992)
128 Stipulation by Gerald O'Brien, Blen Freestone, Russell Stevenson, Daniel J. Leatham, Lynn Jorgensen, O. Lane McCotter, Gary W. DeLand, Sandra Henry stip for settlement of mental health claims (ce) (Entered: 09/11/1992)
129 Request for initial hrg filed by Sandra Henry re: [128-1] stipulation motion stip for settlement of mental health claims (ce) (Entered: 09/11/1992)
130 Notice of Hearing filed : miscellaneous hearing set for 9:30 9/25/92 for [130-1] Proposed Settlemt of Mental Health Claims JUDGE: RNB (Entered: 09/17/1992)
131 Memorandum RE: plan for ntc of proposed settlemt of mental health claims filed by Sandra Henry (Entered: 09/24/1992)
132 Order, approving and implementing pltfs' plan and ntce of proposed settlemt of mental health claims , Motion hearing set for 9:30 12/3/92 for [128-1] stipulation motion stip for settlement of mental health claims signed by RNB (Entered: 09/25/1992)

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09/25/1992 12/02/1992 12/02/1992 12/03/1992
12/04/1992 12/07/1992 01/06/1993 01/29/1993 01/29/1993 02/03/1993 02/05/1993 02/09/1993 02/09/1993

133 Minute entry:, Court signed ntc order. Ntc to be sent in 15 days, parties to resp within 30 days, miscellaneous hearing set for 9:30 12/3/92 for [1331] hrg on plan ; Judge: RNB Court Reporter: electronic Court Deputy: Norm Fox (Entered: 09/25/1992)
134 Notice of filing Consent to proceed before Mag Boyce re: 28 USC 636(c) by Gerald O'Brien, Blen Freestone, Russell Stevenson, Daniel J. Leatham, Lynn Jorgensen, O. Lane McCotter, Gary W. DeLand, Sandra Henry (Entered: 12/03/1992)
135 Notice of filing Certification regarding class members' resp and obj to proposed settlemt of Mental Health Claims by Sandra Henry (Entered: 12/03/1992)
136 Minute entry:, Motion hearing held for [128-1] stipulation motion stip for settlement of mental health claims . Pla called Jeffrey Metzner M.D. as an expert witness. He was sworn & accepted as an expert. Exhibits offered & admitted. [128-1] stipulation motion stip for settlement of mental health claims not ruled on, as there are still jurisdictional issues concerning the mag's authority concerning this matter, but the crt would find, if authorized to do so, that the stip settlmt agreemt was well drafted & acceptable as an agreemt ; terminated deadlines - misc hrg set for this date re plan ; Judge: Ronald N. Boyce Court Reporter: Recording Court Deputy: Paul Cooper (Entered: 12/04/1992)
137 Status Report and req/for reference to Mag under 28:636(c) filed by Sandra Henry (Entered: 12/07/1992)
138 Minute entry:, Status Report and Scheduling Conference held. Mr. Battle will ask Judge Boyce to get a Report and Recommendation to Judge Jenkins as soon as possible. Judge: Bruce S. Jenkins Court Reporter: Becky Janke Court Deputy: Deana H. Scott (Entered: 12/16/1992)
139 Report and Recommendations of Judge Ronald N. Boyce recommending that the court approve the proposed settlemt re: mental health claims . Objections to R and R due by 1/19/93 (Entered: 01/07/1993)
140 Motion by Sandra Henry for settlement conference (Entered: 02/01/1993)
Transcript of Proceedings before RNB re: Hearing on objections to proposed settlement for dates of 12/3/93 (Entered: 02/01/1993)
Motion hearing re: [140-1] motion for settlement conference at 1:30 2/11/93 (Entered: 02/03/1993)
141 Notice of Hearing filed : Motion hearing set for 1:30 2/11/93 for [140-1] motion for settlement conference JUDGE: Jenkins (Entered: 02/05/1993)
142 Notice of filing pltf's plan for ntc of proposed settlemt of medical and dental claims by Sandra Henry (Entered: 02/10/1993)
143 Stipulation by Gerald O'Brien, Blen Freestone, Russell Stevenson, Daniel J. Leatham, Lynn Jorgensen, O. Lane McCotter, Gary W. DeLand, Sandra Henry stip for settlement - settlemt of medical and dental claims

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02/11/1993
02/11/1993 03/15/1993 03/26/1993 04/12/1993
04/15/1993 04/20/1993 04/20/1993 04/27/1993

(Entered: 02/11/1993)
144 Minute entry:, Motion hearing held for [140-1] motion for settlement conference , scheduling order deadlines: setting Deadline for Hearing 2:00 4/12/93 on R & R of Magistrate re mental health and of objections thereto, if any, relating to the mental health questions Objections are due April 1, 1993. Final hearing May 7, 1993 at 9:30 a.m. to consider objections to the proposed settlement in re medical and dental claims. Cnsl. will file a formal notice later today and that will be the package to go to all of the class members. scheduling order deadlines: setting Deadline for final hearing May 7, 1993 at 9:30 a.m. to consider objerctions to the proposed settlement in re medical and dental claims. granting [140-1] motion for settlement conference ; Judge: Bruce S. Jenkins Court Reporter: Becky Janke Court Deputy: Deana H. Scott Modified on 04/12/1993 (Entered: 02/11/1993)
145 Order, approving and implementing pltf's plan for ntc of proposed settlemt of medical and dental claims , Motion hearing set for 9:30 5/7/93 for [143-1] stipulation motion stip for settlement - settlemt of medical and dental claims signed by BSJ (Entered: 02/12/1993)
146 Objections to proposed settlemt. and req/to attend final hrg and make oral submissions by Richard W. Jones, Frank Lupinacci Jr. (Entered: 03/16/1993)
Objections to proposed settlemt by Robert Shawn Treff (Entered: 06/30/1993)
147 Minute entry:, miscellaneous hearing held for [0-0] relief miscellaneous hearing set for 2:00 4/12/93 for [0-0] R & R of Magistrate re mental health and of objections thereto. ; pla rep by W. Cullen Battle, Kathleen H. Switzer, def rep by Frank D. Mylar. Discussion held; no objs to R&R of mag have been recd; ct adopts R&R and directs cnsl as to preparation of order; further hrg set for 5/7/93 at 9:30 a.m.; Judge: Bruce S. Jenkins, Court Reporter: Becky Janke, Court Deputy: Catherine Hollstein (Entered: 04/16/1993)
Motion hearing re: [143-1] stipulation motion stip for settlement settlemt of medical and dental claims at 9:30 5/7/93 (Entered: 04/15/1993)
148 Order, adopting R&R granting [128-1] stipulation motion stip for settlement of mental health claims and ordering that it be implemented in all respects, all terms of settlemt are incorporated into this order. This court will retain jurisdiction over this case for purposes of enforcing terms of settlemt signed by BSJ (Entered: 04/20/1993)
CASE NO LONGER REFERRED TO Judge Ronald N. Boyce (Entered: 04/20/1993)
149 Memorandum RE: certification regarding class members' resp and objs to [142-1] proposed settlemt of medical and dental health claims filed by Sandra Henry (Entered: 04/27/1993)

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05/06/1993 05/06/1993 05/07/1993
05/12/1993 05/18/1993 05/28/1993 06/02/1993
06/02/1993 06/21/1993 06/21/1993 06/24/1993
06/24/1993 06/28/1993

150 Notice of filing of notification of selection of impartial expert for mental health settlemt by Sandra Henry (Entered: 05/07/1993)
151 Objections to final order approving and implementing stip of settlemt of mental health claims by Richard W. Jones, Frank Lupinacci Jr. (Entered: 05/07/1993)
152 Minute entry:, Motion hearing held for [143-1] stipulation motion stip for settlement - settlemt of medical and dental claims ; pltfs rep by Cullen Battle, Kathleen Switzer, Lorin Pace, defs rep by Kirk Torgensen. Testimony given, evid recd, arg heard. Cnsl recommend stip of stlmt be entered into by ptys. Ct grants [143-1] stipulation motion stip for settlement - and requests cnsl prepare an order which formalizes the implementation of the stlmt agrmt and sign off as to form and content; pltfs cnsl to prepare order; Judge: Bruce S. Jenkins, Court Reporter: Kelly Hicken, Court Deputy: Catherine Hollstein (Entered: 05/10/1993)
153 Motion to intervene by Terry Oliver , and for class decertification (Entered: 05/12/1993)
Ltr dated 5/12/93 to the Court from Richard Jones and Frank Lupinnacci Jr. re: proposed stip for settlemt of medical & dental claims (see doc #153B) (Entered: 06/23/1993)
Transcript of Proceedings for dates of 4/12/93 - hrg on R&R (Entered: 06/01/1993)
154 Order granting [143-1] stipulation motion stip for settlement - settlemt of medical and dental claims signed by BSJ, 6/1/93. Crt to retain juris over this case for purposes of enforcing the settlement, as provided for in the settlement. This order is binding upon pla, all class members & all dfts in their official capacities & upon all persons subsequently acting in those capacities. The effective date of the settlement shall be date of this order. cc: atty (ce) (Entered: 06/03/1993)
Transcript of Proceedings for dates of 5/7/93 (Entered: 06/04/1993)
155 Motion by Sandra Henry for leave to file oversz memo in in suppt of pltf's petn for interim atty's fees and costs (Entered: 06/22/1993)
156 Petition for interim attorney fees , for costs by Sandra Henry (Entered: 06/22/1993)
157 Order denying [151-1] objection of Lupinacci and Jone and mot/set aside final order approving and implementing stip of settlemt of mental health claims, denying [153-1] motion to intervene by Terry Oliver, denying [153-2] motion and for class decertification signed by BSJ (Entered: 06/25/1993)
Case closed (Entered: 06/25/1993)
158 Notice of Hearing filed : miscellaneous hearing set for 2:30 8/2/93 for [156-1] petition for interim attorney fees, set for 2:30 8/2/93 for [156-2] petition for costs JUDGE: Jenkins (Entered: 06/28/1993)

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06/28/1993 06/28/1993 06/28/1993
07/01/1993 07/02/1993 07/02/1993 07/13/1993 07/13/1993 07/14/1993 07/15/1993 07/15/1993 07/27/1993
07/27/1993 08/03/1993
08/04/1993

159 Order granting [155-1] motion for leave to file oversz memo in in suppt of pltf's petn for interim atty's fees and costs signed by BSJ (Entered: 06/28/1993)
160 Memorandum by Sandra Henry in support of [156-1] petition for interim attorney fees, [156-2] petition for costs (Entered: 06/29/1993)
161 Stipulation by Gerald O'Brien, Blen Freestone, Russell Stevenson, Daniel J. Leatham, Lynn Jorgensen, O. Lane McCotter, Gary W. DeLand, Sandra Henry stip to extend time to 8/5/93 for dfts to resp to petn for interim attys fees and costs (Entered: 06/29/1993)
163 Notice of appeal by Terry Oliver appealing from the final orders entered 6/2/93 and 6/24/93 ; Fee Status: not paid Modified on 07/02/1993 (Entered: 07/02/1993)
162 Notice of Hearing filed : miscellaneous hearing set for 11:00 8/23/93 for [156-1] petition for interim attorney fees, set for 11:00 8/23/93 for [1562] petition for costs JUDGE: Jenkins (Entered: 07/02/1993)
164 Notice of appeal and certified copy of docket to USCA; appeal packets to cnsl Re: [163-1] appeal (Entered: 07/02/1993)
Motion by Sandra Henry for Mohamedu F. Jones to appear pro hac vice (Entered: 07/14/1993)
167 Notice of appeal filed by Jerry Ulrich (not listed as a party in the case); appealing final order entered on June 2, 1993 ; Fee Status: not paid (mp) (Entered: 07/19/1993)
168 Notice of appeal and certified copy of docket to USCA: [167-1] appeal; appeal packets to cnsl (mp) (Entered: 07/19/1993)
165 Notice of filing subst and admiss of pro hac vice by Sandra Henry (Entered: 07/16/1993)
166 Order granting [0-1] motion for Mohamedu F. Jones to appear pro hac vice signed by BSJ (Entered: 07/16/1993)
169 Motion by Gerald O'Brien, Blen Freestone, Russell Stevenson, Daniel J. Leatham, Lynn Jorgensen, O. Lane McCotter, Gary W. DeLand to extend time to 8/16/93 for dfts to object to pltfs' petn for interim attys fees and costs (Entered: 07/28/1993)
170 Order granting [169-1] motion to extend time to 8/16/93 for dfts to object to pltfs' petn for interim attys fees and costs signed by BSJ (Entered: 07/28/1993)
171 Stipulation by Gerald O'Brien, Blen Freestone, Russell Stevenson, Daniel J. Leatham, Lynn Jorgensen, O. Lane McCotter, Gary W. DeLand, Sandra Henry stip to continue hrg on petn for attys fees and costs from 8/23/93 to 8/30/93 @11:00 AM (Entered: 08/04/1993)
172 Order granting [171-1] stipulation motion stip to continue hrg on petn for attys fees and costs from 8/23/93 to 8/30/93 @11:00 AM, miscellaneous

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08/13/1993 08/13/1993
08/16/1993 08/16/1993 08/16/1993 08/16/1993 08/16/1993 08/16/1993 08/16/1993 08/16/1993
08/23/1993
08/23/1993 08/25/1993 08/30/1993 09/07/1993
09/08/1993 09/08/1993
09/09/1993

hearing set for 11:00 8/30/93 for pla's petition for interim atty fees/costs signed by BSJ, 8/4/93. cc: atty (ce) (Entered: 08/05/1993)
173 Notice of selection of impartial expert, Ronald M. Shansky, M.D. for medical and dental settlement by Sandra Henry (Entered: 08/13/1993)
182 Motion by Terry Oliver to proceed in forma pauperis re: appeal of final order entered 6/2/93 approving stip settlemts and order dated 7/24/93 denying Mov. Oliver's mot/intervene (Entered: 08/17/1993)
174 Affidavit of Robert Jones M.D. (Entered: 08/17/1993)
175 Affidavit of Frank D. Mylar Esq. (Entered: 08/17/1993)
176 Affidavit of Bonnie Norman (Entered: 08/17/1993)
177 Affidavit of Paul Watson (Entered: 08/17/1993)
178 Affidavit of Blen Freestone (Entered: 08/17/1993)
179 Affidavit of Gary W. DeLand (Entered: 08/17/1993)
180 Affidavit of Fred Cohen (Entered: 08/17/1993)
181 Objections by Gerald O'Brien, Blen Freestone, Russell Stevenson, Daniel J. Leatham, Lynn Jorgensen, O. Lane McCotter, Gary W. DeLand [1561] petition for interim attorney fees (Entered: 08/17/1993)
183 Motion by Gerald O'Brien, Blen Freestone, Russell Stevenson, Daniel J. Leatham, Lynn Jorgensen, O. Lane McCotter, Gary W. DeLand for leave to file oversz memo re: in resp to pltf's mot/for attys fees and costs (Entered: 08/23/1993)
184 Order granting [183-1] motion for leave to file oversz memo re: in resp to pltf's mot/for attys fees and costs signed by BSJ (Entered: 08/23/1993)
185 Stipulation by Sandra Henry stip to extend time to 9/7/93 for pltf to resp to dfts' obj to pltf's req/attys fees (Entered: 08/25/1993)
186 Notice of Hearing filed : status conference set for 1:30 9/7/93 JUDGE: Jenkins (Entered: 08/30/1993)
187 Minute entry:, status conference held , status conference set for 3:00 11/8/93 to argue application for attorney fees and objections. ; Judge: Bruce S. Jenkins Court Reporter: Becky Janke Court Deputy: Theresa Brown (tb) (Entered: 09/08/1993)
188 Motion by Sandra Henry for leave to file overlength memo in reply to obj to pet for interim atty fees & costs (Entered: 09/08/1993)
189 Stipulation filed by Gerald O'Brien, Blen Freestone, Russell Stevenson, Daniel J. Leatham, Lynn Jorgensen, O. Lane McCotter, Gary W. DeLand, Sandra Henry RE: extension of time to 9/8/93 for plas to reply to dft's obj to plas' request for atty fees (Entered: 09/09/1993)
190 Order granting [188-1] motion for leave to file overlength memo in reply

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09/09/1993 09/09/1993 10/04/1993 10/04/1993
10/04/1993 10/12/1993 10/26/1993 11/08/1993
11/12/1993 11/30/1993 11/30/1993 12/20/1993

to obj to pet for interim atty fees & costs, signed by BSJ 9/9/93 (Entered: 09/10/1993)
191 Response/Reply by Sandra Henry in support of [156-1] petition for interim attorney fees, [156-2] petition for costs, [156-3] petition (Entered: 09/10/1993)
192 Addendum/Appendix to [191-1] support response filed by Sandra Henry (Entered: 09/10/1993)
193 Motion by Gerald O'Brien, Blen Freestone, Russell Stevenson, Daniel J. Leatham, Lynn Jorgensen, O. Lane McCotter, Gary W. DeLand to strike [191-1] aff accompanying pla's reply to dfts obj to pla's pet'n for interim atty fees (ce) (Entered: 10/06/1993)
194 Memorandum by Gerald O'Brien, Blen Freestone, Russell Stevenson, Daniel J. Leatham, Lynn Jorgensen, O. Lane McCotter, Gary W. DeLand in support of [193-1] motion to strike [191-1] aff accompanying pla's reply to dfts obj to pla's pet'n for interim atty fees (ce) (Entered: 10/06/1993)
195 Motion by Gerald O'Brien, Blen Freestone, Russell Stevenson, Daniel J. Leatham, Lynn Jorgensen, O. Lane McCotter, Gary W. DeLand to expedite dfts mot/strike aff accompanying pla's reply to dfts obj (ce) (Entered: 10/06/1993)
196 Memorandum by Sandra Henry in opposition to [193-1] motion to strike [191-1] aff accompanying pla's reply to dfts obj to pla's pet'n for interim atty fees (ce) (Entered: 10/13/1993)
197 Response by Gerald O'Brien, Blen Freestone, Russell Stevenson, Daniel J. Leatham, Lynn Jorgensen, O. Lane McCotter, Gary W. DeLand in opposition to [196-1] opposition memorandum of pla to motion to strike affidavits (ce) (Entered: 10/27/1993)
198 Minute entry:, status conference held ;The court finds plaintiff is the prevailing party. The court requests plaintiff to submit report regarding out of state counsel within two weeks. Defendant has 5 days to respond. No evidentiary hearing is requested. The court reserves on application of fees. Judge: Bruce S. Jenkins Court Reporter: Becky Janke Court Deputy: Theresa Brown (tb) (Entered: 11/10/1993)
199 Declaration of Elizabeth Alexander Under Penalty of Perjury (ce) (Entered: 11/15/1993)
200 Motion by Sandra Henry to proceed in forma pauperis on appeal (ce) (Entered: 11/30/1993)
200 Order granting [200-1] motion to proceed in forma pauperis on appeal signed by RNB, 11/29/93. cc: Lynn Wilburn, Appeals Clerk (ce) (Entered: 11/30/1993)
202 depo of Stewart Lynn Oliekan returned to James Kimball. (ss) (Entered: 01/07/1994)

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01/06/1994 01/21/1994 01/25/1994
02/01/1994 02/01/1994 02/14/1994 02/14/1994 02/14/1994 02/16/1994
02/24/1994

201 Notice of filing by Sandra Henry: Notice of Withdrawal of Cnsl - Mary A. Rudolph, Esq. (ce) (Entered: 01/07/1994)
203 Order granting [156-1] petition for interim attorney fees, granting [156-2] petition for costs, granting [156-3] petition signed by BSJ, 1/21/94. Pla entitled to an award of $305,218.25 attorney's fees. Let jgm be entered accordingly. cc: atty (ce) (Entered: 01/24/1994)
204 JUDGMENT on Attorney Fees as to Gerald O'Brien (terminates [195-1] motion to expedite dfts mot/strike aff accompanying pla's reply to dfts obj, [193-1] motion to strike [191-1] aff accompanying pla's reply to dfts obj to pla's pet'n for interim atty fees, [185-1] stipulation motion stip to extend time to 9/7/93 for pltf to resp to dfts' obj to pltf's req/attys fees, [161-1] stipulation motion stip to extend time to 8/5/93 for dfts to resp to petn for interim attys fees and costs ) (jgm entered in favor of pla's against dfts for atty fees in amt of $305,218.25 as follows: Fabian & Clendenin awarded $228,697.00 in atty fees & $3,058.49 for expenses; The Legal Center for People with Disabilities awarded $27,944.00 in atty fees; The Nat'l Prison Project awarded $17,704.50 in atty fees & $2,719.56 for expenses; The American Civil Liberties Union awarded $25,094.30 for expert fees & costs). cc: atty (ce) (Entered: 01/27/1994)
205 Motion by Gerald O'Brien, Blen Freestone, Russell Stevenson, Daniel J. Leatham, Lynn Jorgensen, O. Lane McCotter, Gary W. DeLand to amend/alter [204-1] judgment on attorney fees (ce) (Entered: 02/02/1994)
206 Memorandum by Gerald O'Brien, Blen Freestone, Russell Stevenson, Daniel J. Leatham, Lynn Jorgensen, O. Lane McCotter, Gary W. DeLand in support of [205-1] motion to amend/alter [204-1] judgment on attorney fees (ce) (Entered: 02/02/1994)
207 Order granting [205-1] motion to amend/alter [204-1] judgment on attorney fees signed by BSJ, 2/14/94. The amt of jgm entered 1/27/94 shall be reduced to $280,123.95, Clerk shall enter amd jgm. cc: atty (ce) (Entered: 02/14/1994)
208 Proposed Bill of costs filed by W. Cullen Battle, cnsl for plas' (ce) (Entered: 02/16/1994)
209 Memorandum by Sandra Henry in support of [208-1] proposed bill of costs submitted by cnsl for plas (ce) (Entered: 02/16/1994)
210 JUDGMENT on Attorney Fees as to Sandra Henry signed by LSY, 2/15/94. Jgm entered in favor of plas' against dfts' for atty fees in amt of $280,123.95 as follows: Fabian & Clendenin awarded $228,697.00 in atty fees & $3,058.49 for expenses. The Legal Center for People w/Disabilities awarded $27,944.40 in atty fees. The Nat'l Prison Project awarded $17,704.50 in atty fees & $2,719.56 for expenses. cc: atty () (ce) (Entered: 02/16/1994)
211 Objections by Gerald O'Brien, Blen Freestone, Russell Stevenson, Daniel J. Leatham, Lynn Jorgensen, O. Lane McCotter, Gary W. DeLand to [208-1] bill of costs submitted by plas' (ce) (Entered: 02/24/1994)

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02/25/1994 03/11/1994
03/15/1994
03/28/1994 04/25/1994 10/26/1995 10/26/1995 11/07/1995 12/22/1995 04/17/1996 04/18/1996 04/23/1996
04/23/1996
04/25/1996
05/10/1996 05/10/1996

212 Certified copy of mandate from USCA Re: [163-1] appeal dismissing the appeal for lack of prosecution. (Entered: 02/28/1994)
213 Stipulation by Gerald O'Brien, Blen Freestone, Russell Stevenson, Daniel J. Leatham, Lynn Jorgensen, O. Lane McCotter, Gary W. DeLand stip re payment of attorney fees & costs (ce) (Entered: 03/14/1994)
214 Order granting [213-1] stipulation motion stip re payment of attorney fees & costs signed by BSJ, 3/15/94. Jgm entered in favor of plas' against dfts' for legal costs in amt of $4,350.00. cc: atty (ce) (Entered: 03/16/1994)
215 Certified copy of mandate from USCA Re: [167-1] appeal dismissing the appeal (Entered: 03/28/1994)
216 Notice of attorney appearance for Sandra Henry by Linda V Priebe (ss) (Entered: 04/26/1994)
217 Motion by Dennis P. Glick for injunctive relief (tl) (Entered: 10/27/1995)
218 Memorandum by Dennis P. Glick in support of [217-1] motion for injunctive relief (tl) (Entered: 10/27/1995)
219 Certificate of service [218-1] support memorandum, [217-1] motion for injunctive relief by Dennis P. Glick (ce) (Entered: 11/07/1995)
220 Request for Ruling by movant Dennis P. Glick RE: [217-1] motion for injunctive relief (tl) (Entered: 12/27/1995)
221 Motion by Sandra Henry for supp. award of attorney fees (mjm) (Entered: 04/18/1996)
222 Affidavit of Linda V. Priebe (mjm) (Entered: 04/18/1996)
223 Motion by Gerald O'Brien, Blen Freestone, Russell Stevenson, Daniel J. Leatham, Lynn Jorgensen, O. Lane McCotter, Gary W. DeLand to extend time for dfts to resp to plas mot/supp award of atty fees (ce) (Entered: 04/24/1996)
Proposed order from Gerald O'Brien, Blen Freestone, Russell Stevenson, Daniel J. Leatham, Lynn Jorgensen, O. Lane McCotter, Gary W. DeLand re: exttime to resp to plas mot/supp award of atty fees (ce) (Entered: 04/24/1996)
224 Order granting [223-1] motion to extend time for dfts to resp to plas mot/supp award of atty fees-5/10/96, signed by BSJ, 4/25/96 cc:attys (mjm) (Entered: 04/26/1996)
225 Affidavit of Frank D. Myler, Esq. (ss) (Entered: 05/13/1996)
226 Memorandum by Gerald O'Brien, Blen Freestone, Russell Stevenson, Daniel J. Leatham, Lynn Jorgensen, O. Lane McCotter, Gary W. DeLand in opposition to [221-1] motion for supp. award of attorney fees (ss) (Entered: 05/13/1996)

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05/10/1996
05/13/1996
05/13/1996
05/20/1996 05/20/1996 05/31/1996
05/31/1996 05/31/1996 05/31/1996 05/31/1996 05/31/1996 05/31/1996 05/31/1996 06/06/1996 06/10/1996

226 Request for hrg filed by Gerald O'Brien, Blen Freestone, Russell Stevenson, Daniel J. Leatham, Lynn Jorgensen, O. Lane McCotter, Gary W. DeLand re: [221-1] motion for supp. award of attorney fees (ss) (Entered: 05/13/1996)
227 Amended Memorandum by Gerald O'Brien, Blen Freestone, Russell Stevenson, Daniel J. Leatham, Lynn Jorgensen, O. Lane McCotter, Gary W. DeLand in opposition to [221-1] motion for supp. award of attorney fees (original doc was missing page 12) (ss) (Entered: 05/14/1996)
227 Request for hrg filed by Gerald O'Brien, Blen Freestone, Russell Stevenson, Daniel J. Leatham, Lynn Jorgensen, O. Lane McCotter, Gary W. DeLand re: [221-1] motion for supp. award of attorney fees (ss) (Entered: 05/14/1996)
228 Motion by Sandra Henry for consolidation of proceedings re plas motions for supp award of atty fees (ce) (Entered: 05/21/1996)
229 Memorandum by Sandra Henry in support of [228-1] motion for consolidation of proceedings re plas motions for supp award of atty fees (ce) (Entered: 05/21/1996)
230 Memorandum by Gerald O'Brien, Blen Freestone, Russell Stevenson, Daniel J. Leatham, Lynn Jorgensen, O. Lane McCotter, Gary W. DeLand in opposition to [228-1] motion for consolidation of proceedings re plas motions for supp award of atty fees (ss) (Entered: 06/03/1996)
Memo of recusal by Judge Bruce S. Jenkins (mjm) (Entered: 06/03/1996)
Case reassigned to Judge Tena Campbell (mjm) (Entered: 06/03/1996)
Motion by Sandra Henry for Joinder RE: [228-1] motion for consolidation of proceedings re plas motions for supp award of atty fees (mjm) (Entered: 06/03/1996)
231 Motion by Sandra Henry to consolidate , and to extend time for reply (mjm) (Entered: 06/03/1996)
232 Petition for award of supp attorney fees & expenses by Sandra Henry (mjm) (Entered: 06/03/1996)
232 Request for hrg filed by Sandra Henry re: [232-1] petition for award of supp attorney fees & expenses (mjm) (Entered: 06/03/1996)
233 Memorandum by Sandra Henry in support of [232-1] petition for award of supp attorney fees & expenses (mjm) (Entered: 06/03/1996)
234 Reply by Sandra Henry to response to [0-1] motion for Joinder RE: [2281] motion for consolidation of proceedings re plas motions for supp award of atty fees (mjm) (Entered: 06/07/1996)
235 Notice of Hearing filed : Motion hearing set for 3:00 6/21/96 for [221-1] motion for supp. award of attorney fees JUDGE: Tena Campbell (tb) (Entered: 06/10/1996)

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06/10/1996 06/11/1996 06/14/1996 06/17/1996 07/08/1996 07/08/1996 07/11/1996 11/25/1996
01/07/1997 03/13/1997 03/13/1997 03/13/1997 03/24/1997

NTC of recusal of Judge Bruce S. Jenkins and reassignment to Judge Tena Campbell. cc:attys (mjm) Modified on 09/17/1996 (Entered: 06/12/1996)
236 Amended Notice of Hearing filed : Vacating motion hearing set for 6/21/96 for supp award of atty fees @ 3:00 p.m. Counsel request more time for briefing. consolidation of proceedings re plas motions for supp award of atty fees JUDGE: Tena Campbell (tb) (Entered: 06/11/1996)
238 Objections by Gerald O'Brien, Blen Freestone, Russell Stevenson, Daniel J. Leatham, Lynn Jorgensen, O. Lane McCotter, Gary W. DeLand [2321] petition for award of supp attorney fees & expenses (mjm) (Entered: 06/17/1996)
237 NTC of recusal of Judge Bruce S. Jenkins and reassignment to Judge Tena Campbell. (mjm) (Entered: 06/17/1996)
239 Reply by Sandra Henry to Dft's objection to [221-1] motion for supp. award of attorney fees (mjm) Modified on 09/17/1996 (Entered: 07/09/1996)
240 Reply/Response by Sandra Henry to [238-1] objection of pla's petition for award of supp attys' fees and expenses (mjm) Modified on 09/17/1996 (Entered: 07/09/1996)
Proposed order from Sandra Henry re: leave to file overlength memo (mjm) (Entered: 07/11/1996)
241 Notice of Hearing filed : Motion hearing set for 3:00 2/3/97 for [231-1] motion to consolidate, set for 3:00 2/3/97 for [228-1] motion for consolidation of proceedings re plas motions for supp award of atty fees, set for 3:00 2/3/97 for [221-1] motion for supp. award of attorney fees To be held before Judge Tena Campbell (tb) (Entered: 11/25/1996)
242 AMENDED Notice of Hearing filed by defendant Gary W. DeLand : Motion hearing set for 3:00 3/17/97 Rm 102 for [221-1] motion for supp. award of attorney fees To be held before Judge Tena Campbell (mjm) (Entered: 01/07/1997)
243 Magistrate Notice of Hearing Motion hearing set for 2:30 3/24/97 Rm 477 for [221-1] motion for supp. award of attorney fees To be held before Judge Boyce 3/24/97 cc:attys (mjm) (Entered: 03/13/1997)
244 Order of Reference referring case to Mag Judge pursuant to 28 USC 636 (b)(1)(A) to hear and determine any nondispositive pretrial matters pending before the court and to submit an R & R re: any dispositive matters, signed by TC, 3/13/97 cc:attys (mjm) (Entered: 03/14/1997)
Case referred to Judge Ronald N. Boyce per order of ref dated 3/13/97 and per Jan Smith, secretary to Mag Judge Alba (ce) (Entered: 08/11/1997)
245 Minute entry:, Argument & discussion heard. Def to itemize billing objections. Dr. Robert Dennis Jones called, sworn, & testifies. Evidence

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04/24/1997
05/12/1997 05/12/1997
05/16/1997 07/22/1997
08/07/1997 06/22/1998 07/31/2000
09/21/2000 09/25/2000

offered & received. Def to submit response on itemized billing within 30 days, pla to reply within 15 days. ; Judge: RNB Court Reporter: Electronic Court Deputy: Michael R. Weiler (Entered: 03/25/1997)
246 Memorandum by Gerald O'Brien, Blen Freestone, Russell Stevenson, Daniel J. Leatham, Lynn Jorgensen, O. Lane McCotter, Gary W. DeLand in opposition to plas atty fee documentation requested by the Mag Judge in hrg held 3/23/97 (ce) (Entered: 04/25/1997)
247 Reply Memorandum in support RE: [232-1] petition for award of supp attorney fees & expenses, [221-1] motion for supp. award of fees filed by Sandra Henry (Entered: 05/13/1997)
248 Memorandum replying to dft's memo in opp to pla's atty fee docs RE: [232-1] petition for award of supp attorney fees & expenses, [221-1] motion for supp. award of attorney fees filed by Sandra Henry (Entered: 05/13/1997)
249 Corrected Reply by Sandra Henry to response to [221-1] motion for supp award of attorney fees (ce) (Entered: 05/16/1997)
250 Notice of filing by Gerald O'Brien, Blen Freestone, Russell Stevenson, Daniel J. Leatham, Lynn Jorgensen, O. Lane McCotter, Gary W. DeLand NOTICE OF SUPPLEMENTAL AUTHORITY (ce) (Entered: 07/23/1997)
251 Notice of filing by Sandra Henry entitled Pla's notice of supp authority (mjm) (Entered: 08/07/1997)
252 Request for Ruling by plaintiff Sandra Henry RE: [232-1] petition for award of supp attorney fees & expenses (mjm) (Entered: 06/23/1998)
253 Report and Recommendations of Judge Ronald N. Boyce . Recommends that plas are entitled to a reasonable atty's fee in the amt of $55,184.10 (see report for breakout of costs) .Objections to R and R due by 8/14/00 cc:atty (alp) (Entered: 08/01/2000)
254 Order adopting [253-1] report and recommendations, granting [221-1] motion for supp. award of attorney fees in the amt of $55,184.10 signed by Judge Tena Campbell , 9/20/00 cc:atty (alp) (Entered: 09/25/2000)
CASE NO LONGER REFERRED TO Judge Ronald N. Boyce (alp) (Entered: 09/25/2000)

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[CONTENT] December 18, 1989 | Sandra Henry | 42 | U.S.C &sect | 1983 | the United States | Utah | the Utah Department of Corrections ||| Utah ||| the Legal Center for the Handicapped | ACLU | Utah Foundation ||| The National Prison Project | ACLU |||  |||  ||| Henry ||| up to 70 days |||  ||| September 8, 1992 ||| April of 1993 | Bruce S. Jenkins |||  |||  |||  ||| two years ||| January 23, 1993 ||| June 1, 1993 | Jenkins |||  ||| Bureau of Medical Services ||| Continuous Quality Improvement Committee ||| daily ||| two years ||| June 24, 1993 | 2000 [SUMMARY] On December 18, 1989, Sandra Henry filed a class action lawsuit under 42 U.S.C &sect; 1983 in the United States District Court for the District of Utah against the Utah Department of Corrections.  Henry brought the lawsuit on behalf of herself and current and future inmates at the Utah State Penitentiary at Draper.  Plaintiffs were represented by the Legal Center for the Handicapped, the ACLU of Utah Foundation, and private attorneys.  The National Prison Project of the ACLU later represented plaintiffs.  The lawsuit was seeking injunctive relief ordering defendant to take steps to improve medical and mental health care provided at the prison.  The plaintiffs alleged that the prison failed to employ enough physicians, dentists, psychiatrists, and nurses to provide care to inmates, leaving inmates with unmet medical needs.  For example, Henry was an HIV positive inmate who was denied AZT despite federal guidelines mandating the treatment.  Inmates were required to use a lengthy grievance procedure, which could last up to 70 days, when their medical needs were unmet, even when their conditions were serious or potentially life threatening.  Inmates with severe mental health disorders were often housed in the general population.

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

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

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

