Case: Ayers v. Perry

1:02-cv-01438 | U.S. District Court for the District of New Mexico

Filed Date: Nov. 14, 2002

Closed Date: 2003

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Case Summary

In October 2002, prisoners confined at the Special Controls Facilities within the New Mexico State penal system filed a Section 1983 class action suit in the District of New Mexico against officials of the New Mexico Department of Corrections. Represented by the ACLU National Prison Project and other counsel, plaintiffs alleged that defendants did not provide adequate mental health care, used excessive force, and discouraged the filing of grievances. Plaintiffs also alleged that defendants' actions constituted violations of the Americans with Disabilities and Rehabilitation Acts. Just after the complaint was filed, the court consolidated a non-class action raising similar issues with this case. See Sandoval v. Lopez.

On May 20, 2003, the parties entered into a settlement agreement. The agreement provided for expanded and improved mental health care, mental health screening, establishment of neuropsychological testing protocols, continued care for inmates released from the mental health unit, provision of addiction services, provision of paralegals to inmates, unrestricted phone calls from attorneys, staff training, inmate witnesses in disciplinary hearings, protocols for restoration of good time, education and programming, increased number of inmate beds, visitation, recreation, personal property allowances, mail, religious items, and classification procedures.

In June 2003, the District Court (Judge Bruce D. Black) granted plaintiffs' unopposed motion for dismissal with prejudice. The order for dismissal resolved all of the plaintiffs' claims, in both this and a related state court case. (D-0101-cv-100202294). (Subsequently, there was additional litigation in Sandoval, described in that case's litigation summary.)

Summary Authors

Kristen Sagar (10/20/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5152657/parties/ayers-v-perry/

Judge(s)

Black, Bruce D. (New Mexico)

Browning, James O. (New Mexico)

Attorney for Plaintiff

Cooper, Sophie (New Mexico)

Attorney for Defendant

Booms, Robert Tabor (New Mexico)

Burris, Eric R. (New Mexico)

Judge(s)

Black, Bruce D. (New Mexico)

Browning, James O. (New Mexico)

Schneider, W. Daniel (New Mexico)

Attorney for Plaintiff

Cooper, Sophie (New Mexico)

Cubra, Peter (New Mexico)

Davis, Philip B. (New Mexico)

Donatelli, Mark H. (New Mexico)

Fathi, David Cyrus (District of Columbia)

Fuentes, Robert R. (New Mexico)

Kronen, Lawrence (New Mexico)

Macy, Edwin (New Mexico)

Yee, Jane (New Mexico)

Attorney for Defendant

Booms, Robert Tabor (New Mexico)

Burris, Eric R. (New Mexico)

D'Angelo, Charles Nick (New Mexico)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1:02-cv-01438	Docket (PACER)	June 20, 2003	June 20, 2003 Docket
1:02-cv-01438	Complaint for Class Based Declaratory and Injunctive Relief and for Individual Compensatory and Punitive Damages	Nov. 2, 2002	Nov. 2, 2002 Complaint
1:02-cv-00143 1:02-cv-00170	Letter Agreement	May 20, 2003	May 20, 2003 Settlement Agreement
30 1:02-cv-01438	Order for Dismissal with Prejudice	June 20, 2003	June 20, 2003 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/5152657/ayers-v-perry/

Last updated March 20, 2026, 5:30 a.m.

ECF Number	Date	Description	Link
1	Nov. 14, 2002	NOTICE OF REMOVAL from 1st Judicial District Court Case Number: 1:02:CV:2294 w/state court complaint (referred to Chief Magistrate William Deaton) (mlk) (Entered: 11/18/2002)	RECAP
	Nov. 14, 2002	FILING FEE PAID: on 11/14/02 in the amount of $150.00, receipt #: 45486. (mlk)
	Nov. 15, 2002	TRANSMITTAL of State Court documents (complaint & summons) (bap)
2	Nov. 25, 2002	ANSWER by defts to complaint [1-1] (bap) (Entered: 11/26/2002)	RECAP
3	Dec. 17, 2002	INITIAL SCHEDULING ORDER by Chief Magistrate Judge William Deaton Rule 16 scheduling conference set on 2/11/03 @ 10:00 am; provisional discovery plan & IPTR due 2/3/03 (cc: all counsel*) (bap) (Entered: 12/18/2002)	RECAP
4	Dec. 20, 2002	MOTION by pltfs to consolidate case CIV 02-1438 BB/WWD with CIV 02-170 MV/LFG (mjr) (Entered: 12/23/2002)	RECAP
5	Dec. 20, 2002	MEMORANDUM by pltf in support of motion to consolidate case CIV 02-1438 BB/WWD with CIV 02-170 MV/LFG [4-1] (mjr) (Entered: 12/23/2002)	RECAP
6	Dec. 20, 2002	MOTION by defts Robert Perry, John Shanks, Ron Guillemette & James Lopez to dismiss compensatory damages claims for failure to allege a physical injury & consequently for failure to state a claim (dmw) (Entered: 12/26/2002)	RECAP
7	Dec. 20, 2002	MEMORANDUM by defts Robert Perry, John Shanks, Ron Guillemette & James Lopez in support of motion to dismiss compensatory damages claims for failure to allege a physical injury & consequently for failure to state a claim [6-1] (dmw) (Entered: 12/26/2002)	RECAP
8	Jan. 2, 2003	MOTION by defts for protective order re discovery communication (bap) Modified on 01/03/2003 (Entered: 01/03/2003)	RECAP
9	Jan. 2, 2003	MEMORANDUM by defts in support of motion for protective order re discovery communication [8-1] (bap) (Entered: 01/03/2003)	RECAP
10	Jan. 15, 2003	UNOPPOSED MOTION for Extension of time by pltfs until 3/1/03 in which to respond to defts' motion for protective order re discovery communication [8-1] (bap) (Entered: 01/16/2003)	RECAP
11	Jan. 15, 2003	UNOPPOSED MOTION for Extension of time by pltfs until 3/1/03 in which to respond to defts' motion to dismiss compensatory damages claims [6-1] (bap) (Entered: 01/16/2003)	RECAP
12	Jan. 15, 2003	UNOPPOSED MOTION for Extension of time by defts until 3/1/03 in which to respond pltfs' motion to consolidate case CIV 02-1438 BB/WWD with CIV 02-170 MV/LFG [4-1] (bap) (Entered: 01/16/2003)	RECAP
13	Jan. 17, 2003	ORDER by Chief Magistrate Judge Deaton Rule 16 scheduling conference vacated and that counsel shall report in writing by 2/28/03 as to the progress of settlement (cc: all counsel*) (bap) (Entered: 01/21/2003)	RECAP
14	Jan. 21, 2003	ORDER by Chief Magistrate Judge Deaton granting defts' unopposed motion to extend due date for response to plft's mtn to consolidate action until 3/1/03 [12-1] (cc: all counsel) (bap) (Entered: 01/21/2003)	RECAP
15	Jan. 21, 2003	ORDER by District Judge Bruce D. Black granting pltfs' unopposed motion for extension of time until 3/1/03 to respond to defts' motion to dismiss compensatory damages claims [11-1] (cc: all counsel) (bap) (Entered: 01/21/2003)	RECAP
16	Jan. 21, 2003	ORDER by Chief Magistrate Judge Deaton granting pltfs' unopposed motion for an extension of time until 3/1/03 to respond to defts' motion for protective order [10-1] (cc: all counsel) (bap) (Entered: 01/21/2003)	RECAP
17	Feb. 14, 2003	UNOPPOSED MOTION by defts to substitute party deft Joseph R. Williams for James Burleson (bap) (Entered: 02/14/2003)	RECAP
18	Feb. 18, 2003	ORDER by District Judge Bruce D. Black granting defts' unopposed motion to substitute party deft Joseph R. Williams for James Burleson [17-1] terminating as to deft James Burleson substituting deft Joseph R Williams (cc: all counsel) (bap) (Entered: 02/19/2003)	RECAP
19	Feb. 27, 2003	ORDER by Chief Magistrate Judge Deaton extending deadline for filing responses to any pending mtns until 4/15/03 and that on 4/1/03 @ 8:30 am, counsel shall arrange a conference call to Magistrate Judge Svet (cc: all counsel*) (bap) (Entered: 02/27/2003)	RECAP
20	March 14, 2003	MINUTE ORDER: Case reassigned from Magistrate Judge Deaton to Magistrate Judge W. D. Schneider for discovery purposes (cc: all counsel*) (pr) (Entered: 03/17/2003)	RECAP
21	March 18, 2003	MEMORANDUM, OPINION, AND ORDER: by Chief Magistrate Judge Lorenzo F. Garcia granting pltfs' motion to consolidate case CIV 02-1438 BB/WWD with CIV 02-170 MV/LFG [4-1] Lead Case 1:02-cv-1438 with member case 1:02-cv-170 for all purposes (cc: all counsel*) (bap) (Entered: 03/19/2003)	RECAP
22	March 24, 2003	MOTION and affidavit in support of by movant Jesse L. Garcia for order to waive copy fee in this case (bap) (Entered: 03/25/2003)	RECAP
23	April 11, 2003	ORDER by District Judge Bruce D. Black denying motion for order to waive copy fee in this case [22-1] (cc: all counsel) (ln) (Entered: 04/11/2003)	RECAP
24	April 11, 2003	ORDER by Magistrate Judge W. D. Schneider; parties to file joint status report on 5/6/03 (cc: all counsel) (vv) (Entered: 04/11/2003)	RECAP
26	May 12, 2003	ORDER by Magistrate Judge W. Daniel Schneider pursuant to parties stipulation [25-1] a joint status report will be filed 6/6/03 and, if the case does not settle, the deadlines for responses on pending mtns will be 6/20/03 (cc: all counsel) (bap) (Entered: 05/13/2003)	RECAP
27	May 16, 2003	UNOPPOSED MOTION by pltfs for appointment of Denise Sandoval as guardian ad litem for Anthony Sandoval (bap) (Entered: 05/19/2003)	RECAP
28	May 20, 2003	ORDER by District Judge Bruce D. Black granting pltfs' motion for appointment of Denise Sandoval as guardian ad litem for Anthony Sandoval [27-1] (cc: all counsel) (bap) (Entered: 05/20/2003)	RECAP
29	June 13, 2003	UNOPPOSED MOTION by pltfs for dismissal w/prejudice (bap) (Entered: 06/16/2003)	RECAP
30	June 20, 2003	ORDER FOR DISMISSAL by District Judge Bruce D. Black granting pltfs' unopposed motion for dismissal [29-1] does not effect claims in CIV-02-170 BB/WDS dismissing case w/prejudice (cc: all counsel) (bap) Modified on 06/25/2003 (Entered: 06/20/2003)	RECAP