Class Action Lawsuit Gets Ok

GLENWOOD SPRINGS — The American Civil Liberties Union’s lawsuit alleging prisoner abuse at the Garfield County Jail can go forward on behalf of all current and future inmates instead of only the four original plaintiffs.

U.S. District Court Judge Wiley Y. Daniel issued a a 42-page opinion on Thursday
certifying class action status on five of the lawsuit’s six claims for relief.

“It does mean the practices we’re challenging are sufficiently widespread,” Mark Silverstein, legal director for the ACLU of Colorado, said in a phone interview.

He said the judge’s opinion doesn’t determine whether the practices the ACLU is challenging are legal or illegal, only that they apply to a large number of prisoners.
“This is not a victory or defeat,” Garfield County Sheriff Lou Vallario said in a prepared statement. “Just part of the process we anticipated. This certification is based solely on the sensationalized complaint alleged by the ACLU. The judge at this point can only rule on the complaint as filed and has not yet been presented with the merits of this case. Further, we are considering appealing this ruling based on an existing case out of El Paso County already heard and pending a ruling in
the 10th Circuit Court of Appeals. The El Paso County appeal, when handed down, will strongly play a part in determining if this class certification ruling is correct.”

The ACLU’s 85-page complaint, originally filed in July 2006, claims the jail violated prisoners’ rights by repeatedly using threats and excessive force with things like restraint chairs, Taser guns, electroshock belts, pepper-ball guns and pepper spray. The ACLU also contends that the jail fails to provide legally required mental health treatment and punishes prisoners without due process.

Judge Daniel’s opinion denied class-action certification to one claim for relief alleging that jail policy interferes with a prisoner’s right to meet with attorneys in a confidential setting. The ACLU contends prisoners are asked, “Who is your attorney?” and can only meet with the attorney if the prisoner provides a specific name instead of answering “the ACLU.” The opinion says that the ACLU did not demonstrate that the practice is widespread enough to move forward on a class action basis.

Glenwood Springs Independent