Vandehey v. Vallario

This class action, filed July 19, 2006, alleges that prisoners in the Garfield County Jail in Glenwood Springs, Colorado, are subjected to a pervasive pattern of disproportionate and excessive force carried out by deputies’ misuse and abuse of pepperball guns, restraint chairs, tasers, electroshock belts, and pepper spray. The jail has no written policies that limit deputies’ use of the first four of these devices, and the suit alleges that the one-page policy on pepper spray is insufficient as written and widely violated in practice.

In an amended complaint filed on August 1, 2006, attorneys for prisoners also alleged that the jail regularly denies mental health care to indigent prisoners with serious mental health needs. The suit further alleges that the jail regularly imposes harsh disciplinary sanctions without providing prisoners with notice, an opportunity to be heard, and other procedural protections required by due process.

While ACLU attorneys were investigating the prisoners’ allegations in the month before this suit was filed, the Garfield County Sheriff Lou Vallario adopted a new policy on attorney visits. The new policy prevented ACLU attorneys from meeting with some prisoners who had written to the ACLU seeking legal assistance. That policy, which the ACLU originally challenged in a separate lawsuit, is also at issue in this class action.

Update: The District Court granted class certification in a 2008 order. The Tenth Circuit reversed that ruling. Vandehey v. Vallario, 554 F.3d 1259 (10th Cir. 2009). The individual plaintiffs later accepted a settlement.

"Garfield County settles ACLU jail lawsuit," The Denver Post, May 10, 2011

“Garfield County settles 2006 inmate-abuse lawsuit,” Grand Junction Sentinel, May 10, 2011

“Garfield County Settles ACLU Lawsuit Over Jail,” CBS News, May 9, 2011

“Garfield settles ACLU suit over jail operations,” Grand Junction Sentinel, May 9, 2011

“Garfield sheriff says use of force in jail reduced,” Grand Junction Sentinel, March 8, 2011

“GarCo Jail civil rights lawsuit costs taxpayers over $569K,” Post Independent, November 2, 2008

“ACLU investigates Garfield County jail suicide,” Post Independent, June 14, 2007

“Garfield County Jail changes address mental health care,” Summit Daily, February 22, 2007

“Vallario files response to ACLU suit,” Post Independent, October 2, 2006

“County denies mental health care to indigent inmates, lawsuit says,” 9 News, August 29, 2006

“ACLU adds to suit against Garco Sheriff,” Summit Daily, August 29, 2006

“Garco sheriff: ACLU allegations ‘pathetic’,” The Aspen Times, July 21, 2006

“ACLU sues over prisoner treatment,” The Denver Post, July 19, 2006