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Civil Action no: 02-cv-06S1-RPM-MJW
NCYL is participating, along with nine other national and state organizations, as amici curiae in Shook v. El Paso challenging a district court's refusal to certify a class of prisoners who have serious mental health needs that are not being met. The district court denied class certification to prisoners at the El Paso County Jail in Colorado Springs, Colorado, based on a belief that the term "serious mental illness" is vague, and that it is too complex to determine which individuals present a need for mental health treatment while confined. NCYL and other amici groups submitted a brief to the United States Court of Appeals for the Tenth Circuit in support of the prisoners' appeal. The brief argues that the district court's interpretation of mental illness was flawed and that, if affirmed, the district court's class certification decision would threaten the ability of not only prisoners with mental illness to pursue systemic relief for systemic civil rights violations, but also other vulnerable populations and individuals with mental disabilities who seek to use class action litigation as the vehicle to enforce their civil rights. The primary author of the brief of amici curiae is Laura Rovner at the University of Denver Sturm College of Law.
The Court of Appeals, Gorsuch, Tenth Circuit Judge, held that class certification could be denied due to unmanageability, namely the difficulty of crafting specific injunctive relief applicable to class as a whole.
Counsel: Laura Rovner, University of Denver Sturm College of Law; David Fathi, National Prison Project of the American Civil Liberties Union; Pat Arthur, NCYL
Updated April 2, 2010
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