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DIAZ v. ROMER

Nos. 90-1100, 90-1302.

961 F.2d 1508 (1992)

Michael DIAZ; George H. White, Regulation No. 56137, Centennial Correctional Facility; Jesse Lagunas, Regulation No. 51084; Michael Ingram, Regulation No. 43629, Shadow Mountain Correctional Facility; Douglas Lee Boehmer, Regulation No. 75095, Colorado Territorial Correctional Facility; Flazell Jefferson Beasley, Regulation No. 753153, Colorado Territorial Correctional Facility, by themselves and on behalf of all others similarly situated; HIV Positive Prisoners; HIV Negative Prisoners, Plaintiffs-Appellees, v. Roy ROMER, Governor, Governor of the State of Colorado; Walter Kautzky, Executive Director of the Colorado Department of Corrections; William Wilson, Director of Division of Adult Services, Unit I; Carlos Baca, Director of Division of Adult Services, Unit II; John Perko, Director of the Division of Correctional Industries; Harry B. Johnson, Superintendent of Centennial Facility; Harold Henson; Thomas Cooper, Superintendent of Colorado Territorial Correctional Facility; Frank Rice, Acting Manager of Diagnostic Unit, Colorado Department of Corrections, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

April 20, 1992.

Attorney(s) appearing for the Case

John R. Parsons, Asst. Atty. Gen., Human Resources Section, Atty. General's Office, Denver, Colo. (Duane Woodard, Former Atty. Gen.; Charles B. Howe, Former Deputy Atty. Gen.; Richard H. Forman, Former Sol. Gen.; Barbara L. Widick, Former First Asst. Atty. Gen.; Gale A. Norton, Atty. Gen.; Timothy M. Tymkovich, Sol. Gen.; Paul Farley, Deputy Atty. Gen.; and John August Lizza, First Asst. Atty. Gen., Denver, Colo., with him on the briefs), for defendants-appellants.

David H. Miller, American Civil Liberties Union, Denver, Colo. (James E. Hartley and Peter W. Downing of Holland & Hart, Denver, Colo., with him on the briefs), for plaintiffs-appellees; and

Norman R. Mueller of Haddon, Morgan & Foreman, Denver, Colo. (David A. Lane, Denver, Colo., and Harold A. Haddon and Caroline M. McKinnon of Haddon, Morgan & Foreman, Denver, Colo., with him on the briefs), for plaintiffs-appellees HIV-Negative Subclass.

Before McKAY, Chief Judge, McWILLIAMS and BALDOCK, Circuit Judges.

McKAY, Chief Judge.

The State of Colorado ("the State") objects to district court decisions regarding a proposed consent order in class-action proceedings between state prisoners and the Colorado Department of Corrections ("DOC"). This dispute arises against the backdrop of a 1979 district court finding that DOC was violating prisoners' rights under the Eighth Amendment in the areas of shelter, sanitation, food, medical...

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