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SHOOK v. EL PASO COUNTY

No. 03-1397.

386 F.3d 963 (2004)

Mark SHOOK; and Dennis Jones, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, Shirlen Mosby; and James Vaughan, Plaintiffs-Intervenors-Appellants, v. EL PASO COUNTY, Board of County Commissioners of El Paso County, and John Wesley Anderson, in his capacity as Sheriff of El Paso County, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

October 18, 2004.

Attorney(s) appearing for the Case

David C. Fathi, American Civil Liberties Union, Washington, D.C. (with Mark Silverstein, A.C.L.U. Foundation of Colorado, and Thomas S. Nichols, Davis Graham & Stubbs LLP, Denver, CO, on briefs) for Plaintiffs-Appellants and Plaintiffs-Intervenors-Appellants.

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

Before TACHA, BARRETT, and TYMKOVICH, Circuit Judges.

TYMKOVICH, Circuit Judge.

This case involves the unsuccessful effort by four former state prisoners to certify a class action challenging their lack of access to mental health care while incarcerated in the El Paso County, Colorado Jail. The district court denied them class certification and dismissed the suit based on its conclusion that under the Prisoner Litigation Reform Act the relief the plaintiffs sought was "beyond the competence and the jurisdiction of [the...

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