Anderson v. State of Colorado, Department of Corrections et al
| Troy Anderson |
| State of Colorado, Department of Corrections, Susan Jones and Aristedes W. Zavaras |
| 1:2010cv01005 |
| May 3, 2010 |
| US District Court for the District of Colorado |
| Denver Office |
| Fremont |
| Wiley Y. Daniel |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
188
ORDER denying 178 Motion to Enforce Judgment by Judge R. Brooke Jackson on 4/7/15.(jdyne, )
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Filing
163
MINUTE ENTRY for Motion Hearing held before Judge R. Brooke Jackson on 9/4/2013. Denying without prejudice 115 Motion to Alter Judgment; Denying without prejudice 154 Motion to Enforce. Court Reporter: Kara Spitler. (lag)
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Filing
141
ORDER: Schedule for Post-Judgment Discovery and Briefing re: 140 Proposed Scheduling Order. Discovery requests served: January 16, 2013; Responses to written discovery requests due: February 15, 2013; 30(b)(6) deposition conducted: Within thir ty days after the completion of written discovery; Plaintiff's Objections to Notice of Compliance filed: Within thirty days after the completion of Rule 30(b)(6) depositions; and Defendants Response to Objections filed: Within twenty-one days after the filing of Plaintiff's Objections. By Judge R. Brooke Jackson on 01/16/13. (alvsl)
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Filing
139
ORDER granting 123 Motion for Discovery; denying as moot 124 Motion to Expedite. Counsel are directed to confer and set a new briefing schedule commensurate with the limited additional discovery requested in motion # 123 . The Court requests t hat the discovery be provided cooperatively and with reasonable promptness, and that the briefing schedule be set accordingly. If agreement cannot be reached, please do not file more motions, responses, and replies. Contact Chambers and set a telephone hearing. By Judge R. Brooke Jackson on 01/02/13. (alvsl)
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Filing
109
FINAL ORDER AND JUDGMENT re: 104 Bench Trial - Completed, The Court enters judgment in favor of the plaintiff and against defendants on plaintiffs Fourth Claim for Relief. The Court orders that within 60 days the CDOC, must develop and present to plaintiffs counsel and the Court a plan that ensures that Troy Anderson has access for at least one hour, at least three times per week, to outdoor exercise in an area that is fully outside and that includes overhead access to the elements, e.g., to sunlight, rain, snow and wind, unless inclement weather or disciplinary needs make that impossible. Plaintiff may file objections, if any, to the plan within 21 days. Defendants may reply within 14 days following plaintiffs submission of objections. The Court orders defendants to assign a CDOC physician to take a fresh look at Mr. Andersons medication and treatment needs as set forth in this Order. With that exception, the Court enters judgment in favor of the defendants on plaintiffs Third Clai m for Relief. Plaintiff has brought to the Courts attention legitimate concerns about how chronological reporting and administrative reviews have functioned in the past. Administrative Regulation 650-03 has addressed some of those concerns expressly, and it appears to the Court that others are addressed implicitly. In the spirit of giving the new policy and those who will implement it a fair chance, the Court enters judgment in favor of the defendants on plaintiffs First Claim for Relief. The Co urt enters judgment in favor of the defendants on plaintiffs Fifth and Sixth Claims for Relief. Plaintiffs Second Claim for Relief has been withdrawn. The plaintiff prevailed on the outdoor exercise issue, which was a central focus of the case; the relief ordered will directly and materially benefit Mr. Anderson (and perhaps others). The plaintiff prevailed in obtaining an order that his medical and treatment needs must be looked at afresh by a physician, and that the possibility that he might abuse any particular medication may not trump a decision concerning care he needs based on medical judgment. While the plaintiff did not convince the Court to order the elimination of the chronological reporting system, the plaintiffs expressions of concern about certain things not expressly covered in AR 650-03 have been noted. Accordingly, while both parties prevailed on some claims, the Court finds that the plaintiff is the overall prevailing party for purposes of costs and attorneys fees. C ounsel are directed to confer and attempt in good faith to reach agreement on the amount of costs and attorneys fees. If agreement is not reached, then plaintiff will proceed in accord with the requirements of Fed. R. Civ. P. 54(d) and D.C.Colo.LCivR 54.1., by Judge R. Brooke Jackson on 8/24/2012. (ervsl, )
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Filing
105
Stipulation and Order Regarding Custody of Exhibits and Depositions by Judge R. Brooke Jackson on 5/8/12. (lag)
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Filing
80
ORDER.Plaintiffs motion for partial summary judgment 47 is DENIED. Defendants motion for summary judgment 48 is GRANTED IN PART (as to denial of Strattera in 2004) AND DENIED IN PART (in all other respects). Plaintiffs motion to reopen discovery 65 is GRANTED IN PART (regarding a one-hour deposition of Dr. Tuakoi) AND DENIED IN PART (regarding the request to depose Dr. Lenocker). The Court does not address plaintiffs motion in limine concerning the admissibility of portions of depositions of defendants employees and experts 77 . However, the Court directs counsel to confer again, before the trial preparation conference, concerning these designations, bearing in mind (1) that the Court expects counsel reasonably to accommodate reasonable requests of opposing counsel, but (2) the Court generally prefers live testimony to deposition transcripts. By Judge R. Brooke Jackson on 3/26/2012.(sah, )
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Filing
61
ORDER Setting Bench Trial and Trial Preparation Conference. Eight-day Bench Trial set to commence on 4/30/2012 at 09:00 AM in Courtroom A 702 before Judge R. Brooke Jackson. Trial Preparation Conference set for 3/30/2012 at 02:00 PM before Judge R. Brooke Jackson, by Judge R. Brooke Jackson on 10/6/11. (lsw, )
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Filing
39
ORDER. Order granting 34 Motion for Additional Requests for Admission by Magistrate Judge Kathleen M. Tafoya on 04/07/11.(jjh, )
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Filing
37
ORDER denying 5 Defendants' Motion to Dismiss by Chief Judge Wiley Y. Daniel on 03/30/11.(jjh, )
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Filing
30
MINUTE ORDER granting 28 Plaintiffs Unopposed Motion for Leave to Appear. Student Attorney Matthew Court is permitted to appear pursuant to the Law Student Appearance Form signed January 26, 2011. by Chief Judge Wiley Y. Daniel on 1/26/2011. (Attachments: # 1 Law School Student Entry of Appearance)(erv, )
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Filing
22
MINUTE ORDER granting 20 Motion for Leave to Appear, filed September 28, 2010. Coutrney Longtin and Lee Knox are permitted to appear pursuant to the Law Student Appearance Form, signed October 18, 2010. Entered by Chief Judge Wiley Y. Daniel on 10/19/10. (wydcd, rrk)
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Filing
19
STIPULATED PROTECTIVE ORDER by Magistrate Judge Kathleen M. Tafoya on 8/26/2010. (erv, )
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Filing
4
ORDER Scheduling Conference set for 8/3/2010 09:45 AM in Courtroom C201 before Magistrate Judge Kathleen M. Tafoya. by Magistrate Judge Kathleen M. Tafoya on 5/11/2010. (erv, )
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