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SHOOK v. BOARD OF COUNTY OF EL PASO

No. 06-1454.

543 F.3d 597 (2008)

Mark SHOOK and Dennis Jones, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, and James Vaughan; Shirlen Mosby; Thomas Reinig; and Lottie Elliott, Intervenors-Plaintiffs-Appellants, v. The BOARD OF COUNTY COMMISSIONERS OF the COUNTY OF EL PASO and Terry Maketa, in his official capacity as Sheriff of El Paso County, Defendants-Appellees. The Judge David L. Bazelon Center for Mental Health Law; Center for Children's Law and Policy; Colorado Center on Law and Policy; Colorado Cross-Disability Coalition; Colorado Lawyers Committee for Civil Rights; The Legal Center for People with Disabilities and Older People; National Center for Youth Law; National Disability Rights Network; National Senior Citizens Law Center; Public Justice; Colorado Counties, Inc., Amici Curiae.

United States Court of Appeals, Tenth Circuit.

August 29, 2008.

Attorney(s) appearing for the Case

Mark Silverstein, Legal Director, American Civil Liberties Foundation of Colorado, Denver, CO (David C. Fathi, National Prison Project for the ACLU Foundation, Inc., Washington, D.C., and Thomas S. Nichols, Davis Graham & Stubbs LLP, Denver, CO, with him on the briefs), for Plaintiffs-Appellants.

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

Thomas J. Lyons and Andrew D. Ringel, Hall & Evans, L.L.C., Denver, CO, for Amicus Curiae Colorado Counties, Inc.

Laura L. Rovner, Student Law Office, and Stephen Arvin, Stephanie Whalum and Margaret Yoder, Student Attorneys, University of Denver Sturm College of Law, Denver, CO, for Amici Curiae.

Before TYMKOVICH, GORSUCH, and HOLMES, Circuit Judges.

GORSUCH, Circuit Judge.

Plaintiffs Mark Shook and Dennis Jones, along with several intervenors, appear before us for the second time to contest the district court's denial of their motion to certify a class action consisting of all present and future mentally ill inmates at Colorado's El Paso County Jail. In their first appeal, we held that in denying class certification the district court erred by relying on the jurisdictional limitations imposed by the Prison Litigation...

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