Arney v. Finney
| Decision Date | 18 June 1992 |
| Docket Number | 91-3237 and 91-3295,Nos. 91-3235,s. 91-3235 |
| Citation | 967 F.2d 418 |
| Parties | Jouett Edgar ARNEY, Randall William Murphy, Plaintiffs-Appellants, and Leslie Keith Kimball, Rickey Ray Redford, Robert Demass, Richard Snell, Thomas H. Porter, Dennie House, Robert Francis Smith, Jr., Lyle C. Sanders, Donald E. Alexander, Anthony R. Palocioz, Joseph F. Edwards, Plaintiffs, v. Joan FINNEY, Raymond Roberts, Gary Stotts, Defendants-Appellees. Jouett Edgar ARNEY, Plaintiff-Appellant, and Leslie Keith Kimball, Rickey Ray Redford, Robert Demass, Richard Snell, Thomas H. Porter, Dennie House, Robert Francis Smith, Jr., Lyle C. Sanders, Donald E. Alexander, Anthony R. Palocioz, Joseph F. Edwards, Randall William Murphy, Plaintiffs, v. Joan FINNEY, Governor, Raymond Roberts, Gary Stotts, Defendants-Appellees. Rickey Ray REDFORD, Robert Demass, Richard Snell, Thomas H. Porter, Dennie House, Robert Francis Smith, Jr., Lyle C. Sanders, Donald E. Alexander, Anthony R. Palocioz, Joseph F. Edwards, Plaintiffs, and Jouett Edgar Arney, Plaintiff-Appellant, v. Joan FINNEY, Governor, Leslie Keith Kimball, Raymond Roberts, Defendants-Appellees. |
| Court | U.S. Court of Appeals — Tenth Circuit |
Jouett E. Arney and Randall Murphy, plaintiffs-appellants, pro se.
Robert T. Stephan, Atty. Gen., State of Kan., and Timothy G. Madden, Sp. Asst. Atty. Gen., Kansas Dept. of Corrections, Topeka, Kan., for defendants-appellees.
Before MOORE, TACHA, and BRORBY, Circuit Judges.
A review of the district court record reveals the following. Jouett Arney initiated this action in 1977 pursuant to 42 U.S.C. §§ 1983, 1985 & 1988. Arney sought declaratory and injunctive relief to remedy allegedly unconstitutional conditions of confinement at the Kansas State Penitentiary, Lansing, Kansas (KSP). Arney contended that KSP was overcrowded and that the conditions jeopardized the inmates' health, safety and welfare. Similarly situated inmates filed six additional lawsuits, and these actions were consolidated with Arney's action in May, 1978. Defendants denied that any of the conditions at KSP violated the inmates' constitutional rights or applicable Kansas statutes. Defendants subsequently moved for summary judgment, and the district court denied their motion. The district court appointed counsel to represent the plaintiffs, and attorneys and legal interns from the Washburn University School of Law Legal Clinic and Legal Services for Prisoners, Inc. entered appearances.
Settlement negotiations ensued, and the parties entered into a consent decree that was filed with the district court and approved in May 1980. The decree provided a comprehensive plan whereby defendants would "make an active" and "good faith" effort to procure funds so that the conditions of confinement at KSP would not only meet constitutional and state standards, but also meet the standards for accreditation of the American Correctional Association. Pursuant to the consent decree, defendants agreed to renovate all cellhouses, make major improvements in the structures for sanitation and in health and fire safety, provide structured activities for inmates, secure adequate health care, achieve accreditation, and provide single cell occupancy or closely supervised multiple occupancy dormitories to the extent reasonably possible. The plaintiffs agreed to dismiss all claims for costs, damages and attorneys' fees upon compliance with the terms of the decree.
After the consent decree issued, plaintiffs filed a motion to find defendants in contempt of the decree and to reinstate damage claims. In support of their motion, plaintiffs claimed that defendants failed to comply with the conditions of the decree by the dates specified. The court denied plaintiffs' motion on June 16, 1982 because the consent decree did not require the conditions plaintiffs were seeking to enforce.
On May 28, 1986, plaintiffs notified the district court of their intention not to seek further enforcement of the decree pending an investigation by United States Department of Justice pursuant to the Civil Rights of Institutionalized Persons Act of 1980. Plaintiffs also gave the district court their view of defendants' noncompliance and the deterioration of conditions at KSP. In response, the Department of Corrections stated that it would continue its "good faith attempt to comply with the specific terms of the consent decree" and intended to continue providing plaintiffs with periodic reports.
On January 26, 1988, plaintiffs filed a motion to modify and enforce the consent decree. Plaintiffs claimed that defendants' alleged failure to comply with the terms of the consent decree violated constitutional standards against cruel and unusual punishment. They also urged that modification of the decree was needed to address On May 17, 1991, the district court entered an order significantly modifying its April 13, 1989 order over the protestations of some members of the plaintiff class. Arney v. Finney, 766 F.Supp. 934 (D.Kan.1991). In particular, certain members of the class claimed that the district court could not modify its April 13, 1989 order because that order was final and any modification of the order would violate res judicata principles. The district court disagreed and held that the doctrine of res judicata did not bar modification of the April 13, 1989 order. Id. at 937-38. In its order of May 17, 1991, the district court also granted appellant Arney's motion to withdraw as a class representative in the case and denied a number of other motions because they were not brought by counsel for the class. Id. at 940-41.
the alleged constitutional violations with enforceable standards. The district court heard evidence regarding the conditions of confinement at prison facilities in Lansing and Hutchinson, Kansas. The district court then entered an order on April 13, 1989 designed to eliminate conditions of confinement at these facilities that violated the Constitution. After entry of the April 13, 1989 order, the district court entered a number of other orders related to the operation of other facilities in the State of Kansas
Both appellants Murphy and Arney--purportedly on behalf of the plaintiff class--moved to intervene in the action. The district court denied Arney's motion to intervene and held that only the denial of the motion to intervene was appropriate for immediate appeal as a collateral order. Porter v. Finney, 1991 WL 126724 (D.Kan. June 28, 1991). In an order entered on July 11, 1991, the district court added Murphy as a class representative.
On appeal, Arney contends that the district court erred by denying his motion to intervene as a class representative. 2 Because Arney is representing himself, we construe his pleadings liberally. Haines v. Kerner, 404 U.S. 519, 520-21, 92 S.Ct. 594, 595-96, 30 L.Ed.2d 652 (1972). We have jurisdiction to hear this appeal because an absolute denial of intervention is a collateral order and, therefore, is appealable immediately. See Stringfellow v. Concerned Neighbors in Action, 480 U.S. 370, 377, 107 S.Ct. 1177, 1182, 94 L.Ed.2d 389 (1987) () (quoting and explaining the holding in Railroad Trainmen v. Brotherhood of Baltimore & Ohio R. Co., 331 U.S. 519, 524-25, 67 S.Ct. 1387, 1390, 91 L.Ed. 1646 (1947)); see also Gerstle v. Continental Airlines, Inc., 466 F.2d 1374, 1377-78 (10th Cir.1972) ().
This appeal does not involve a case of intervention of right under Fed.R.Civ.P. 24(a) because Arney's interests are adequately represented by the other class representatives, who also are challenging the conditions of the prison system. Instead, this appeal raises the question of whether Arney should be...
To continue reading
Request your trial
-
Woods v. Evatt
...unnecessarily complicating the instant suit. See Head v. Jellico Housing Authority, 870 F.2d 1117 (6th Cir.1989) and Arney v. Finney, 967 F.2d 418 (10th Cir.1992). Plaintiffs' requests for certification of a class action are The court has also considered the plaintiffs' series of motions re......
-
Gates v. Cook
...that it lacked jurisdiction to review a termination of counsel motion in a case strikingly similar to this one. In Arney v. Finney, 967 F.2d 418, 422 (10th Cir. 1992), prisoners brought a class action challenging prison conditions. Class counsel was appointed and the district court entered ......
-
Coalition of AZ/NM Counties for Stable Economic Growth v. Dep't of Interior, 95-2189
...applicant from becoming a party to an action. Stringfellow v. Concerned Neighbors in Action, 480 U.S. 370, 377 (1987); Arney v. Finney, 967 F.2d 418, 421 (10th Cir. 1992). Accordingly, we accept jurisdiction pursuant to 28 U.S.C. Section(s) 1291 and mindful that "the interest test is primar......
-
Equal Emp't Opportunity Comm'n v. PJ Utah, LLC
...is final and subject to immediate review if it prevents the applicant from becoming a party to an action.”); Arney v. Finney, 967 F.2d 418, 421 (10th Cir.1992) (“[A]n absolute denial of intervention is a collateral order and, therefore, is appealable immediately.”). Exercising this jurisdic......