United States Tenth Circuit

Denial of plaintiff-prisoners' class certification, which challenged their lack of access to mental health care while incarcerated, is reversed where the district court applied an incorrect legal standard in its decision to deny class certification.

Appellate Information

• Decided 10/19/2004
• Published 10/19/2004

Judges

• TYMKOVICH, Circuit Judge., Before TACHA, BARRETT, and TYMKOVICH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• David C. Fathi, American Civil Liberties Union, Washington, D.C. (with Mark Silverstein, A.C.L.U. Foundation of Colorado, and Thomas S. Nichols, Davis Graham & Stubbs LLP, Denver, CO, on briefs) for Plaintiffs-Appellants and Plaintiffs-Intervenors-Appellants.


• For Appellees:
  
• Gordon L. Vaughan, Vaughan & DeMuro, Colorado Springs, CO (with Sara Ludke Cook, Vaughan & DeMuro, Colorado Springs, CO, and Jay A. Lauer, Assistant County Attorney, El Paso County, CO, on the brief) for Defendants-Appellees.