United States Tenth Circuit

In a civil rights class action brought by four inmates challenging a number of jail customs and policies, or the lack thereof, which purportedly contributed to the alleged violation of inmates' constitutional rights, certification of the case as a class action is remanded for reconsideration where: 1) although the grant of a petition for interlocutory review constitutes "the exception rather than the rule," this case merited such review; 2) the district court misconstrued respondents' allegations in regard to inadequate psychiatric care; 3) it applied an erroneous view of the circuit precedent governing the proper standard for class certification analysis under Rule 23; and 4) it also erred in failing to hold respondents to their burden under Rule 23(b)(2).

Appellate Information

• Decided 02/04/2009
• Published 02/05/2009

Judges

• BALDOCK, Circuit Judge., Before KELLY, BALDOCK, and O'BRIEN, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Josh A. Marks (Melanie B. Lewis and Kim A. Tomey with him on the briefs), Berg Hill Greenleaf & Ruscitti LLP, Boulder, CO, for Petitioners.


• For Appellees:
  
• Mark Silverstein (Taylor S. Pendergrass, American Civil Liberties Union Foundation of Colorado, J. Gregory Whitehair, Taggart Hansen, and Marisa B. Hudson-Arney, Gibson Dunn & Crutcher LLP, with him on the briefs), American Civil Liberties Union of Colorado, Denver, CO, for Respondents.