McClendon v. City of Albuquerque, Nos. 96-2056
| Court | United States Courts of Appeals. United States Court of Appeals (10th Circuit) |
| Writing for the Court | Before SEYMOUR, Chief Judge, LOGAN and LUCERO; SEYMOUR |
| Citation | 100 F.3d 863 |
| Parties | JIMMY MCCLENDON, also known as Billy McClendon; HAROLD LUND; PETER SUMATKAKU; DAVID MICHAEL BAUER; CARL RAY LOPEZ; BRUCE DAVID MORAWE; THOMAS YOUNG; RUTHIE DURAN; DEBORAH LAVERA; JANELLE ROYBAL; DANETTE DIFIORI; MARIA SISNEROS; LARRY GREEN; BARTEL HALEY; MICHAEL COTE; JOE RAY HERRERA; JOSIE KRIENA; DEBBIE LUCERO; DAVID SHAWKIN; MARC A. GILLETTE; GEORGE CHAVEZ; ELISEO BACA; CLINT BARRAS; FRANCISCO MELENDEZ; SAMUAL HERROD; VINCENT PADILLA; CARL DUCKWORTH; JOSEPH W. ANDERSON; PAUL JOHNSON; FRED MALL; HECTOR LOPEZ; RICKY ROSE; HERBERT KING, SR.; JAMES PARKS; MICHAEL A. JOHNSON; JOHNNY VALLEJOS; JOE NEWBERRY; DARRYL CRAFT; ALBERT WILLY; WILLIAM P. JIMMY; AUGUSTINE TAPIA; RICHARD A. SMITH; ROBERT LOVATO; ROY WHATLEY; MARTY BEGAY; MARTIN VALDIVIA; TALLIE THOMAS; AUGUSTINE JACKSON; DONALD HALL; CARL SUR; STEVE ESQUIBEL; LONNIE WHATLEY; JAMES SAIZ; BRYON ZAMORA; ALLEN M. SAWYER; PATRICK BENNY ROMERO; RICHARD C. KOPECKY; PHILLIP SHUMATE; NELSON ROMERO; STEVE JOHNSON; BENNIE F. GARCIA; LOUIE CHAVEZ; BRIAN SALAZAR; RICHARD GALLEGOS; LARRY STROUD; JAMES BURKS; BRAD FISCHER; AMIHON BACA; JEFF DILLOW; PETE MCQUEEN; MANUEL MARTINEZ; ARNOLD ANTHONY MAESTAS; JOHN HEWATT; and ALL OTHERS SIMILARLY SITUATED, Plaintiffs-Appellees and Real Parties in Interest, and EM; RL; WA; DJ; PS; NW, on behalf of themselves and all others similarly situated, Plaintiffs-Intervenors-Appellees and Real Parties in Interest, and LAWRENCE A. JOHNSON, Intervenor. v. CITY OF ALBUQUERQUE; MARTIN CHAVEZ, Mayor of Albuquerque; COUNTY OF BERNALILLO; PATRICK BACA, Bernalillo County Commissioner; ALBERT VALDEZ, Bernalillo County Commissioner; EUGENE GILBERT, Bernalillo County Commissioner; BARBARA SEWARD, Bernalillo County Commissioner; JACQUELYN SCHAEFER, Bernalillo County Commissioner; BILL DANTIS, Director, Bernalillo County Detention Center; BERNALILLO COUNTY DETENTION CENTER; PAUL SANCHEZ; FRANK LOVATO; ERCELL GRIFFIN, Deputy Director, Bernalillo County Detention Center;MICHAEL SMITH, Lieutenant; JOHN VAN SICK |
| Decision Date | 15 November 1996 |
| Docket Number | 96-2057,Nos. 96-2056 |
Page 863
and
EM; RL; WA; DJ; PS; NW, on behalf of themselves and all others similarly situated, Plaintiffs-Intervenors-Appellees and Real Parties in Interest,
and
LAWRENCE A. JOHNSON, Intervenor.
v.
CITY OF ALBUQUERQUE; MARTIN CHAVEZ, Mayor of Albuquerque; COUNTY OF BERNALILLO; PATRICK BACA, Bernalillo County Commissioner; ALBERT VALDEZ, Bernalillo County Commissioner; EUGENE GILBERT, Bernalillo County Commissioner;
Page 864
BARBARA SEWARD, Bernalillo County Commissioner; JACQUELYN SCHAEFER, Bernalillo County Commissioner; BILL DANTIS, Director, Bernalillo County Detention Center; BERNALILLO COUNTY DETENTION CENTER; PAUL SANCHEZ; FRANK LOVATO; ERCELL GRIFFIN, Deputy Director, Bernalillo County Detention Center;MICHAEL SMITH, Lieutenant; JOHN VAN SICKLER, Lieutenant;WILL BELL, Officer; ALBERT CHAVEZ, Lieutenant; RICHARD FUSCO, Lieutenant; GEORGE FUENTES; DAVID BACA, Lieutenant; VICTOR HERNANDEZ; KEVIN D. SEVIR; JIM MASON, Dr.; BARBARA COLE; MARIA LUCERO; DAVID ROYSTON; FELIMON MARTINEZ, Captain; STANLEY LENTS; DOUGLAS ROBINSON; SEAL BARLEY;LYNN KING; DAVE SHERMAN; BRIAN MASER; JOHN DOES, Employees of Bernalillo County Detentention Center, Defendants-Appellants and Petitioners,v.
THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO, Respondent.
Tenth Circuit
On Petition for Revuiew if iodf Writ of Prohibition and on Appeal from the United States District Court for the District of New Mexico, (D.C. No. CIV-95-24-MV)
Page 865
Jeffrey L. Baker, The Baker Law Firm, Albuquerque, NM, for Defendants-Appellants and Petitioners.
Peter Cubra, Albuquerque, NM, and Elizabeth E. Simpson, Tomita & Simpson, P.C., Albuquerque, NM (Nancy Koenigsberg, Protection & Advocacy System, Albuquerque, NM, with them on the brief), for Plaintiffs-Intervenors-Appellees and Real Parties in Interest.
Anthony Ayala, Albuquerque, NM, for Plaintiffs-Appellees and Real Parties in Interest, did not file a brief or present argument.
Before SEYMOUR, Chief Judge, LOGAN and LUCERO, Circuit Judges.
SEYMOUR, Chief Judge.
This appeal arises out of a class action brought on behalf of all present and future residents of the Bernalillo County Detention Center (BCDC) against the City of Albuquerque, Bernalillo County, and City and County officials responsible for operating the BCDC. Plaintiffs alleged that conditions at the BCDC were unconstitutional due primarily to extreme overcrowding. The parties entered into a partial settlement agreement addressing this problem. Defendants appeal an order that was issued by the district court in the course of implementing a modification of this agreement. We dismiss the appeal as moot.
I.
Plaintiffs asserted that the severe overcrowding at the BCDC raised constitutional problems with respect to many aspects of the operation of the facility, including health, sanitation, and security. On August 23, 1995, the district court entered a preliminary injunction under which a plan proposed by defendants to reduce the jail population would be implemented. The court's order specifically noted the cooperation of defendants. In granting the injunction, the court found that the existing facility was designed to house a population of 683 and had a bed capacity of 752. The daily resident population averaged 990, however, and had at times reached 1100. The court further found that when the bed capacity was exceeded, inmates slept on stack-a-bunks, mattresses placed on the concrete floor, and on the concrete floor directly. Accordingly, the court imposed a population cap to be phased in by January 1, 1997. The court acknowledged defendants' past efforts to address the problems resulting from the overcrowding and set out three additional steps proposed by defendants for reducing the population: the construction of
Page 866
additional temporary housing; the expansion of the BCDC into additional permanent facilities; and the implementation of a Matrix Release System (MRS) providing for the supervised release of prisoners if necessary. Without deciding whether the overpopulation rose to the level of a constitutional violation, the court determined that the requirements for a preliminary injunction were satisfied and ordered numerous changes to address violence and health and safety hazards in addition to the population reduction. On September 7, 1995, the parties entered into a partial settlement agreement in which they stipulated to conversion of the August 23 order to a permanent injunction and to retention by the court of jurisdiction to enforce and/or modify the injunction.Defendants informed the court in October that the mayor...
To continue reading
Request your trial
-
Nathan M. v. Harrison Sch. Dist. No. 2, No. 19-1008
...ongoing controversies." Honig v. Doe , 484 U.S. 305, 317, 108 S.Ct. 592, 98 L.Ed.2d 686 (1988) ; see McClendon v. City of Albuquerque , 100 F.3d 863, 867 (10th Cir. 1996) ("[T]he existence of a live case or controversy is a constitutional prerequisite to federal court jurisdiction."). If an......
-
Lippoldt v. Cole, No. 04-3156.
...does not establish a present live controversy if unaccompanied by any continuing present effects." McClendon v. City of Albuquerque, 100 F.3d 863, 867 (10th The district court held that plaintiffs had standing to challenge the parade ordinance, but it did not analyze standing for each form ......
-
Shawnee Tribe v. U.S., No. 04-3256.
...we are compelled to consider these issues fully regardless of this procedural nuance. See McClendon v. City of Albuquerque, 100 F.3d 863, 867 (10th Cir.1996). The parties also made their positions on mootness clear at oral 7. The parties have not discussed § 2823 of this 2003 Act in filings......
-
Utah Animal Rights v. Salt Lake City Corp., No. 02-4174.
...does not establish a present live controversy if unaccompanied by any continuing present effect." McClendon v. City of Albuquerque, 100 F.3d 863, 867 (10th Cir.1996); see also Horstkoetter v. Dep't of Public Safety, 159 F.3d 1265, 1276-77 (10th Cir.1998) (where there is no realistic possibi......
-
Nathan M. v. Harrison Sch. Dist. No. 2, No. 19-1008
...controversies." Honig v. Doe , 484 U.S. 305, 317, 108 S.Ct. 592, 98 L.Ed.2d 686 (1988) ; see McClendon v. City of Albuquerque , 100 F.3d 863, 867 (10th Cir. 1996) ("[T]he existence of a live case or controversy is a constitutional prerequisite to federal court jurisdiction.")......
-
Lippoldt v. Cole, No. 04-3156.
...does not establish a present live controversy if unaccompanied by any continuing present effects." McClendon v. City of Albuquerque, 100 F.3d 863, 867 (10th The district court held that plaintiffs had standing to challenge the parade ordinance, but it did not analyze standing for each ......
-
Shawnee Tribe v. U.S., No. 04-3256.
...we are compelled to consider these issues fully regardless of this procedural nuance. See McClendon v. City of Albuquerque, 100 F.3d 863, 867 (10th Cir.1996). The parties also made their positions on mootness clear at oral 7. The parties have not discussed § 2823 of this 2003 Act in filings......
-
Utah Animal Rights v. Salt Lake City Corp., No. 02-4174.
...does not establish a present live controversy if unaccompanied by any continuing present effect." McClendon v. City of Albuquerque, 100 F.3d 863, 867 (10th Cir.1996); see also Horstkoetter v. Dep't of Public Safety, 159 F.3d 1265, 1276-77 (10th Cir.1998) (where there is no realistic po......