Shook v. Board of County Commissioners

GORSUCH, Circuit Judge.

Plaintiffs Mark Shook and Dennis Jones, along with several intervenors, appear before us for the second time to contest the district court’s denial of their motion to certify a class action consisting of all present and future mentally ill inmates at Colorado’s El Paso County Jail. In their first appeal, we held that in denying class certification the district court erred by relying on the jurisdictional limitations imposed by the Prison Litigation Reform Act (“PLRA”) to the total exclusion of the standards laid out in Federal Rule of Civil Procedure 28. The difficulty…