Vallario v. Vandehey

554 F.3d 1259, 72 Fed. R. Serv. 3d 992, 2009 U.S. App. LEXIS 2270, 2009 WL 251938
CourtCourt of Appeals for the Tenth Circuit
DecidedFebruary 4, 2009
Docket08-502
StatusPublished
Cited by101 cases

This text of 554 F.3d 1259 (Vallario v. Vandehey) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Vallario v. Vandehey, 554 F.3d 1259, 72 Fed. R. Serv. 3d 992, 2009 U.S. App. LEXIS 2270, 2009 WL 251938 (10th Cir. 2009).

Opinions

BALDOCK, Circuit Judge.

The Eighth Amendment, as incorporated against the states through the Fourteenth Amendment, precludes state prison officials from “knowingly and unreasonably disregarding an objectively intolerable risk of harm” to inmate health or safety. See Farmer v. Brennan, 511 U.S. 825, 846, 114 S.Ct. 1970, 128 L.Ed.2d 811 (1994). Respondents, four prior inmates, contend they were exposed to, among other things, such an unconstitutional risk of harm at [1261]*1261the Garfield County Jail.1 Accordingly, Respondents brought an official capacity suit for equitable relief against Petitioners Lou Vallario, the Sheriff of Garfield County, and Scott Dawson, the commander charged with administering jail operations.

Respondents recite a number of jail customs and policies, or the lack thereof, that contribute to the alleged violation of inmates’ constitutional rights. Only five are relevant to this appeal. First, Respondents challenge the authorized use of compliance devices; including (1) restraint chairs, (2) pepperball guns, (3) tasers, and (4) pepper spray; in a manner that allegedly poses an unjustifiable risk of serious harm to inmates. Second, Respondents contest a jail policy requiring inmates to wear an electroshock belt to court.2 Third, Respondents claim deputies’ authorized use of restraint chairs contravenes inmates’ “liberty interest in freedom from bodily restraint without due process of law” and places inmates at an unjustifiable risk of serious harm. Fourth, Respondents allege Petitioners’ policies unconstitutionally deny indigent inmates access to psychiatric care. Fifth, Respondents contend Petitioners routinely place inmates on supermax status without due process of law. To remedy these inequities, Respondents requested the district court provide them with such “declaratory and injunctive relief ... as the Court deems just.”

Faced with the prospective mooting of their claims by their imminent release, see Green v. Branson, 108 F.3d 1296, 1300 (10th Cir.1997), Respondents requested the district court certify their case as a class action. See Fed.R.Civ.P. 23. The district court obliged as to all of the foregoing claims, certifying a class composed of “[a]ll persons who, now or at any time in the future, are or will be prisoners in the custody of the Garfield County Sheriffs Department.” Petitioners now seek our permission to file an interlocutory appeal of the district court’s class certification ruling. We have jurisdiction under 28 U.S.C. § 1292(e) and Federal Rule of Civil Procedure 23(f). After careful consideration, we grant the petition for review and remand for further proceedings not inconsistent with this opinion.

I.

Federal Rule of Civil Procedure 23(f) provides that a “court of appeals may permit an appeal from an order granting or denying class-action certification ... if a petition for permission to appeal is filed with the circuit clerk within 10 days after the order is entered.” Our circuit has not yet addressed the standard it will use in determining whether to grant such a petition. Accordingly, we proceed to consider this question as a matter of first impression.

Some historical context is in order. No appeal as of right exists from a district court’s class certification order unless that order dismisses the action or renders a decision on the merits. See 7B Charles Aan Wright & Arthur R. Miller, Federal Practice and Procedure § 1802 (3d ed. 2005) (Federal Practice and Procedure); see also 5 James William Moore et al., Moore’s Federal Practice § 23.88[1] (3d ed.2008) (noting that a district court’s “certification decision is not immediately ap-[1262]*1262pealable as a matter of right”). Despite courts’ best efforts to discover more immediate avenues for appellate review of class certification decisions, see 7B Federal Practice and Procedure § 1802, the traditional rule that a party must raise all claimed errors “in a single appeal following” a “final judgment on the merits” generally prevailed. Firestone Tire & Rubber Co. v. Risjord, 449 U.S. 368, 374, 101 S.Ct. 669, 66 L.Ed.2d 571 (1981); 7B Federal Practice and Procedure § 1802 (noting that prior to 1998 “an appeal of a class-certification determination typically was available only from a determination that disposed of the action”).

In 1998, the Supreme Court significantly altered the legal landscape by adopting Federal Rule of Civil Procedure 23(f), which grants appellate courts the discretionary power to permit interlocutory appeals of class certification orders. See Fed. R.App. P. 5 (laying out the procedural requirements for such permissive appeals). In so doing, the Court opened up the restrictive review practices that historically applied to class certification decisions. See Lienhart v. Dryvit Sys., Inc., 255 F.3d 138, 145 (4th Cir.2001). Appellate courts’ discretion, under Rule 23(f), is “unfettered” and “akin to the discretion exercised by the Supreme Court in acting on a petition for certiorari.”3 Fed. R.Civ.P. 23(f) advisory committee’s note. Courts of appeals may, therefore, grant or deny permission to appeal a class certification order based on “any consideration” they “find[ ] persuasive.” Id.

That said, courts of appeals have remained ever mindful that interlocutory appeals are traditionally disfavored and for good reason. See, e.g., Carpenter v. Boeing Co., 456 F.3d 1183, 1189 (10th Cir.2006); Chamberlan v. Ford Motor Co., 402 F.3d 952, 959 (9th Cir.2005); In re Lorazepam & Clorazepate Antitrust Litig., 289 F.3d 98, 105 (D.C.Cir.2002). Such appeals are necessarily “disruptive, time-consuming, and expensive” for the parties and the courts. Waste Mgmt. Holdings, Inc. v. Mowbray, 208 F.3d 288, 294 (1st Cir.2000); see also In re Lorazepam, 289 F.3d at 105. In the class action context, interlocutory appeals may also serve, quite wrongfully, to discourage district courts from reconsidering their class certification orders under Federal Rule of Civil Procedure 23(c)(1)(C). See Prado-Steiman ex rel. Prado v. Bush, 221 F.3d 1266, 1273 (11th Cir.2000); see also id. (recognizing that class certification determinations are “fluid and fact-sensitive”).

As a result, we join our sister circuits in recognizing that the grant of a petition for interlocutory review constitutes “the exception rather than the rule.” Chamberlan, 402 F.3d at 959; see also PradoSteiman, 221 F.3d at 1273; Mowbray,

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
554 F.3d 1259, 72 Fed. R. Serv. 3d 992, 2009 U.S. App. LEXIS 2270, 2009 WL 251938, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vallario-v-vandehey-ca10-2009.