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GOEBEL v. COLORADO DEPT. OF INSTITUTIONS

No. 87SC27.

764 P.2d 785 (1988)

Ruth GOEBEL; Kathy Edmiston; George Wooten; Lee A. Williams, Jr.; Laura Munson; and All Other Similarly Situated Persons, and Jessie Arevalo; Lindsey Griffith; Robert Phares; Bill Pemberton, individually and on behalf of the class of persons herein described, Petitioners, v. COLORADO DEPARTMENT OF INSTITUTIONS, and Frank Traylor, M.D., in his official capacity as the Director of the Colorado Department of Institutions; City and County of Denver; Federico Pena, in his official capacity as Chief Executive of the City; Joyce Neville, in her official capacity as Director of the Department of Health and Hospitals; and Edmund Casper, in his official capacity as Director of the Department of Health and Hospitals Mental Health Program, Respondents.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing December 19, 1988.

Attorney(s) appearing for the Case

Legal Aid Soc. of Metropolitan Denver, James W. Dean, Kathleen Mullen, Denver, Colorado Lawyers Committee, Pryor, Carney & Johnson, P.C., Rodney R. Patula, Englewood, for petitioners.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Carolyn Lievers, First Asst. Atty. Gen., Margery T. Bornstein, Sp. Asst. Atty. Gen., Denver, for respondents Colorado Dept. of Institutions, Frank Traylor, M.D., as the Director of the Colorado Dept. of Institutions, Joyce Neville as the Director of the Dept. of Health and Hospitals, and Edmund Casper as the Director of the Dept. of Health and Hospitals Mental Health Program.

Stephen H. Kaplan, City Atty., Morris P. Evans, R.W. Hibbard, III, Asst. City Attys., Denver, for respondents City and County of Denver and Federico Pena as Chief Executive of the City.

Charles Turner, Michael R. Dice, Jon S. Nicholls, Lloyd L. Boyer, Joseph N. de Raismes, Daniel M. Taubman, Denver, for amicus curiae Colorado Bar Ass'n.

LOHR, Justice.

In this class action brought on behalf of certain chronically mentally ill persons residing in northwest Denver, the plaintiffs challenged the adequacy of the mental health care provided to them by the Colorado Department of Institutions and the Denver Department of Health and Hospitals, and sought declaratory and injunctive relief as well as damages. After holding a number of hearings, the trial court dismissed all the claims for relief. The plaintiffs...

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