Case: Jeldness v. Pearce

6:83-cv-06321 | U.S. District Court for the District of Oregon

Filed Date: July 14, 1983

Clearinghouse coding complete

Case Summary

In approximately 1984, women prisoners in Oregon's one prison for women initiated a class action in the U.S. District Court for the District of Oregon. They alleged unlawful sex discrimination by state prison officials (the defendants) in six of the prison system's educational and vocational training programs: prison industries, a forest camp, a farm annex, apprenticeships, vocational programs, and college courses. Their complaint on 07/14/1983 claimed the discrimination violated Title IX of…

In approximately 1984, women prisoners in Oregon's one prison for women initiated a class action in the U.S. District Court for the District of Oregon. They alleged unlawful sex discrimination by state prison officials (the defendants) in six of the prison system's educational and vocational training programs: prison industries, a forest camp, a farm annex, apprenticeships, vocational programs, and college courses. Their complaint on 07/14/1983 claimed the discrimination violated Title IX of the 1972 Education Act, 20 U.S.C. § 1681, et seq. and the Fourteenth Amendment's Equal Protection clause. Oregon operated six prison facilities, one of which was for women and the remaining five for men. The numbers and types of vocational programs differed for men and women prisoners and, while women could be taken to one of the men's prisons to attend certain classes that were only offered there, the women were subjected to searches and to delays that men were not. Additionally, women were excluded entirely from participation in the mechanical trade apprenticeship programs available to men prisoners and did not receive pay which men received while participating in certain vocational programs.

In 1986, the district court conducted a non-jury trial before U.S. Magistrate Judge Michael R. Hogan. He ruled against the plaintiffs on all but one of their claims; however, his ruling was reversed on procedural grounds by the U.S. Circuit Court of Appeals for the Ninth Circuit. Jeldness v. Watson, 857 F.2d 1478 (9th Cir. 1988) (unpublished table decision). The case was remanded for further proceedings in the district court.

On February 22, 1990, the district court ruled on the defendants' August 11, 1989 motion for summary judgment. It held (1) that gender based classifications reasonably related to legitimate penological interests do not violate the equal protection clause; (2) in a prison context, Title IX requires gender "parity" rather than "equality" or "identity" of treatment; (3) a showing of discriminatory intent is not needed for plaintiffs to prevail under Title IX regulations; and (4) "penological necessity" is a complete defense to gender based disparate impact under Title IX The district court applied these standards and entered partial summary judgment for the defendants and, then, conducted a non-jury trial beginning on February 28, 1990. On October 4, 1991, the trial resulted in judgment, entered on October, for defendants on all but one of plaintiffs' claims.

The district court ruled that defendants had violated Title IX regulations by paying men, but not women, for vocational training. Based on this finding, the district court also awarded attorney's fees to plaintiffs. As to the other programs, however, the court found that disparities in treatment and opportunities for men and women prisoners were justified by custody status, market forces, separate housing requirements, supervision and security concerns--"legitimate penological necessity," in most circumstances.

Plaintiffs again appealed to the Ninth Circuit. Defendants cross-appealed from the district court's holding that plaintiffs were not required to prove discriminatory intent in order to establish a violation of the Title IX regulations and the related award of attorney's fees.

On July 28, 1994, a panel of the appellate court reversed the district court in part, affirmed in part, and remanded the case for further proceedings. Jeldness v. Pearce, 30 F.3d 1220 (9th Cir. 1994) (District Judge Charles A. Legge, N.D. CA., sitting by designation). The panel opinion held that the requirements of Title IX apply to educational programs in state prisons which receive federal financial assistance, based on the plain language of the statute, the case law, and legislative history. Whether the farm annex, forest work camp or prison industries programs were "educational" programs within the meaning of Title IX remained a factual issue to be resolved by the district court on remand. Oregon's state prisons received federal funds and would have to comply with the regulations implementing Title IX but, Judge Legge noted, application of the regulations would have to be consistent with the basic needs of prisons and the bona fide reasons for gender segregation in prisons. The appellate court rejected the view that "parity" of treatment, rather than equality of treatment, sufficed under Title IX in the prison context. Rather, because Title IX is not merely coextensive with the Equal Protection Clause but provides greater protection, Judge Legge ruled that prison educational programs must be "equally" available to male and female prisoners. The court recognized that "equality" in a prison setting does not require gender-integrated classes, facilities or housing and that special security concerns unaddressed in Title IX regulations, as well as differences in facility size, course demand, and site-specific, permitted differences in programs. The judge interpreted the Title IX regulations as calling for identical access for men and women prisoners to the same or equivalent classes, vocational programs and apprenticeships. Title IX required the state to make reasonable efforts to offer the same educational opportunities to women as to men. The panel stated that this did not mean offering programs identical in numbers or in content, but it did mean women must have reasonable opportunities for similar studies as are provided to men and an equal opportunity to participate in programs of comparable quality.

Continuing, the panel concluded that "penological necessity" was not a defense to conduct arguably violating Title IX. Rather, it was just one concern to be weighed with others in considering how Title IX's equality principles are to be applied in prisons. Another of the district court's standards was rejected by the appellate court when it observed that efficiency and cost effectiveness were not to be considered as security concerns but, instead, as management concerns to be applied consistently with Title IX. Judge Legge upheld the district court's findings that disparity in vocational pay constituted prohibited disparate treatment under Title IX and warranted the award of attorney's fees to the prevailing party.

This case file was sent to the Federal Records Center (FRC), a public archive, on April 8, 2002. It can be found under accession number 021-02-0028, location number 3023775, box 1 and 2 of 54.

Summary Authors

Mike Fagan (5/2/2008)

Katie Chan (11/1/2017)

People


Judge(s)

Hogan, Michael Robert (Oregon)

Kleinfeld, Andrew Jay (Alaska)

Legge, Charles A. (California)

Pregerson, Dean D. (California)

Price, Edward Dean (California)

Reinhardt, Stephen Roy (California)

Attorneys(s) for Plaintiff

Elden, Thomas K. (Oregon)

Londahl, Jan Peter (Oregon)

Pease, Susan R. (Oregon)

Attorneys(s) for Defendant

Kistler, Rives (Oregon)

Judge(s)

Hogan, Michael Robert (Oregon)

Kleinfeld, Andrew Jay (Alaska)

Legge, Charles A. (California)

Pregerson, Dean D. (California)

Price, Edward Dean (California)

Reinhardt, Stephen Roy (California)

Attorneys(s) for Plaintiff

Elden, Thomas K. (Oregon)

Londahl, Jan Peter (Oregon)

Pease, Susan R. (Oregon)

Attorneys(s) for Defendant

Kistler, Rives (Oregon)

Expert/Monitor/Master

Evans, Martha C. (Oregon)

Wallace, John Clifford (California)

Documents in the Clearinghouse

Document

Docket [PACER]

April 8, 2002 Docket

Memorandum

Jeldness v. Watson

U. S. Court of Appeals for the Ninth Circuit

857 F.2d 1478

Sept. 8, 1988 Order/Opinion

Appellate Opinion

U. S. Court of Appeals for the Ninth Circuit

30 F.3d 1220

July 28, 1994 Order/Opinion

Resources

Title Description External URL

Constitutional Law - Separate but Equal: Jeldness v. Peace- An Analysis of Title IX within the Confines of Correctional Facilities

Christine M. Safarik

Although society generally has attempted to eradicate the separation of persons on the basis of an immutable characteristic, the segregation of prisoners on the basis of sex has withstood this societ… Jan. 1, 1996 https://digitalcommons.law.wne.edu/cgi/viewcontent.cgi?referer=https://www.google.com/&httpsredir=1&article=1210&context=lawreview

Docket

Last updated May 13, 2022

ECF Number Description Date Link

UTILITY EVENT: Reopens case (lf) (Entered: 10/17/1988)

Oct. 14, 1988
106

RECORD OF order ; setting status hrg for 11:30 10/31/88 Magistrate Michael R. Hogan (lf) (Entered: 10/17/1988)

Oct. 17, 1988

Text not available. (Entered: 10/17/1988)

Oct. 17, 1988
107

RECORD OF order contg status report fr 10/31/88 to 11/7/88 11:30am Magistrate Michael R. Hogan (lf) (Entered: 10/27/1988)

Oct. 26, 1988
108

MOTION by defendants to continue the status report from 10/31/88 to a later date. (note − this motion is moot as a result the the minutes of 10/27/88 continuing the status report to 11/7/88 − Clerk) (former employee) (Entered: 10/31/1988)

Oct. 28, 1988
109

RECORD OF order contg status report from 11/7/88 to 11:30 11/28/88 H Magistrate Michael R. Hogan (lf) (Entered: 11/03/1988)

Nov. 2, 1988
110

ORDER denying motion to continue #108 as moot. Magistrate Michael R. Hogan (former employee) (Entered: 11/10/1988)

Nov. 9, 1988
111

MOTION by defendants to continue the telephone status report on 11/28/88. (former employee) (Entered: 01/26/1989)

Nov. 22, 1988
112

RECORD OF order continuing the telephone status report from 11/28/88 to 12/5/88, 2:30 p.m. Magistrate Michael R. Hogan (former employee) (Entered: 01/26/1989)

Nov. 23, 1988
113

RECORD OF order finding the motion to continue the telephone status report on 11/28/88 [111−1] moot. Magistrate Michael R. Hogan (former employee) (Entered: 01/26/1989)

Nov. 25, 1988
114

RECORD OF order vacating the telephone status report set 12/5/88. Counsel to submit a proposed schedule. Magistrate Michael R. Hogan (former employee) (Entered: 01/26/1989)

Nov. 30, 1988
115

RECORD OF order setting tel conf for 1:30 2/21/89 re: letter dated 1/20/89. Magistrate Michael R. Hogan (lf) (Entered: 01/31/1989)

Jan. 30, 1989
116

RECORD OF order advancing the telephone conference from 1:30 p.m. to 10:30 a.m. on 2/21/89. Magistrate Michael R. Hogan (former employee) (Entered: 02/15/1989)

Feb. 15, 1989
117

RECORD OF telephone conference. Requests for productions and interrogaotries by 3/30/89, depositions week of 4/10/89, discovery be completed by 5/15/89; pretrial order due 6/21/89; dispositive motions be filed by 7/21/89; estimated 3 day court trial set at 9:00 a.m. on 10/24/89 before a magistrate. Trial submissions due one week in advance. Magistrate Michael R. Hogan (former employee) (Entered:

Feb. 21, 1989
119

MOTION by plaintiff to extend discovery to 6/9/89 &lodge PTO by 6/26/89 c−H (lf) (Entered: 05/03/1989)

May 3, 1989
120

RECORD OF order granting pltfs' motion to extend discovery to 6/9/89 &lodge PTO by 6/26/89 [119−1] Magistrate Michael R. Hogan (lf) (Entered: 05/15/1989)

May 11, 1989
121

MOTION by defendants to allow deposition &subpoena duces tecum exp hrg req. c−H (lf) (Entered: 05/15/1989)

May 15, 1989
122

RECORD OF order setting defendants' motion to allow deposition and subpoena duces tecum [121−1] at 2:00 p.m. 5/22/89 by telephone. Magistrate Michael R. Hogan (former employee) (Entered: 05/17/1989)

May 17, 1989
123

ORDER granting defts' motion to allow deposition &subpoena duces tecum [121−1] Magistrate Michael R. Hogan (lf) (Entered: 05/23/1989)

May 22, 1989
124

RECORD OF tel hrg − Defts' mot #121 re depositions &subpoenas is allowed. Magistrate Michael R. Hogan (lf) (Entered: 05/23/1989)

May 22, 1989
125

RECORD OF telephone conference − defendants' oral motion to extend time to lodge the pretrial order to 7/10/89 and file motions by 8/4/89 allowed. Magistrate Michael R. Hogan (former employee) (Entered: 06/16/1989)

June 15, 1989
126

RECORD OF order granting motion by Helen Jodi Bedell and Gretchen Schumacher to intervene as plaintiffs [118−1]. Magistrate Michael R. Hogan (former employee) (Entered: 06/29/1989)

June 28, 1989

LODGED: Pretrial Order (lf) (Entered: 07/17/1989)

July 14, 1989
127

Notice by defendants of change of attorney. Thomas Elden in place of Pamela Abernethy. (lf) (Entered: 07/20/1989)

July 20, 1989
128

Corrections by defendants by interlineation of the pretrial order. (former employee) (Entered: 07/28/1989)

July 28, 1989
129

ORDER − that the pretrial order filed 7/14/89 may be amended by interlineation. Magistrate Michael R. Hogan (former employee) (Entered: 07/28/1989)

July 28, 1989
130

MOTION by plaintiffs to amend the pretrial order . MC 8/21/89na (former employee) (Entered: 08/02/1989)

Aug. 2, 1989
131

MOTION by plaintiffs to extend time to 8/11/89 to file motions for summary judgment . Expedited hearing requested. c−H (former employee) (Entered: 08/02/1989)

Aug. 2, 1989
132

RECORD OF order granting plaintiff's motion to extend time to 8/11/89 to file motions for summary judgment 131 . Magistrate Michael R. Hogan (former employee) (Entered: 08/04/1989)

Aug. 4, 1989
133

Defts' resp to pltfs' motion to amend the pretrial order [130−1] (lf) (Entered: 08/08/1989)

Aug. 8, 1989
134

MOTION by defendants to amend PTO by interlineation MC 8/28/89na (lf) (Entered: 08/10/1989)

Aug. 10, 1989
135

MOTION by defendants for summary judgment . Oral argument requested. MC 9/11/89, 10:00 a.m. tel. (former employee) (Entered: 08/11/1989)

Aug. 11, 1989
136

Correction by defendants to motion to amend pretrial order by interlineation 134 (former employee) (Entered: 08/11/1989)

Aug. 11, 1989
137

MOTION by plaintiff to strike and to make more definite and certain defendants' contentions of law . MC 9/11/89na (former employee) (Entered: 08/14/1989)

Aug. 11, 1989
139

RECORD OF order setting telephone conference 8/21/89 at 10:00 a.m. (former employee) (Entered: 08/17/1989)

Aug. 17, 1989
140

RECORD OF order continuing the telephone conference call from 8/21/89 to 9/5/89 at 1:30 p.m. Magistrate Michael R. Hogan (former employee) (Entered: 08/18/1989)

Aug. 18, 1989
141

MOTION by plaintiffs to extend time to file response to defendants' motion for summary judgment . c−H (former employee) (Entered: 08/18/1989)

Aug. 18, 1989
142

Response by defendants to plaintiffs' motion to extend time to file response to defendants' motion for summary judgment 141 (former employee) (Entered: 08/24/1989)

Aug. 24, 1989
143

RECORD OF order continuing the telephone conference call from 9/5/89 to 9/11/89 at 10:00 a.m. Magistrate Michael R. Hogan (former employee) (Entered: 08/28/1989)

Aug. 25, 1989
144

Stipulated motion that parties' contentions of law in pretrial order are amended; plaintiffs shall file an amended motion to strike the revised and renumbered contentions by 9/21/89; plaintiffs' response to defendants' motion for summary judgment due by 9/15/90; pending motions 130 , 134 and 137 are dismissed . (former employee) (Entered: 09/08/1989)

Sept. 8, 1989
145

ORDER granting stipulated motion that parties' contentions of law in pretrial order are amended; plaintiffs shall file an motion to strike the revised and renumbered contentions by 9/21/89; plaintiffs' response to defendants' motion for summary judgment due by 9/15/90; pending motions 130 , 134 and 137 are dismissed. Magistrate Michael R. Hogan (former employee) (Entered: 09/08/1989)

Sept. 8, 1989
146

RECORD OF order vacating the telephone conference set 9/11/89; telephone oral argument on defendants' motion for summary judgment 135 continued from 9/11/89 to 11/27/89 at 10:00 a.m. Court trial continued from 10/24/89 to 2/28/90 at 9:00 a.m. Magistrate Michael R. Hogan (former employee) (Entered: 09/08/1989)

Sept. 8, 1989
147

Reply by plaintiffs to defendants' response to plaintiffs' motion for extension of time. (former employee) (Entered: 09/09/1989)

Sept. 8, 1989
148

Request by defendants for reconsideration of court's order of 9/8/89 granting plaintiffs' motion tocontinue date for argument of summary and trial date . Expedited telephone oral argument requested. c−H (former employee) (Entered: 09/13/1989)

Sept. 13, 1989
149

RECORD OF order setting defts' mot for reconsideration of court's order of 9/8/89 granting pltfs' mot to continue date for argument of summary and trial date #148 for 9/25/89 @ 10:30am via tel. Magistrate Michael R. Hogan (sln) (Entered: 09/14/1989)

Sept. 14, 1989
150

RECORD OF order contg tel hrg on defts' mot #148 for reconsideration of court's order of 9/8/89 granting plaintiffs' mot to cont date for argument of summary and trial date from 9/25/89 to 10/2/89 at 10:30am ntfd Magistrate Michael R. Hogan (sln) (Entered: 09/18/1989)

Sept. 15, 1989
151

MOTION by plaintiff to strike certain of defts' contentions of law MC 10/23/89na (lf) (Entered: 09/20/1989)

Sept. 20, 1989
152

MOTION by defendants to extend time to 10/10/89 to respond to plaintiffs' motion to strike defendants' contentions . MC 10/16/89na (former employee) (Entered: 09/29/1989)

Sept. 29, 1989
153

RECORD OF tel hrg − Deft's request #148 for reconsideration is allowed to extent that hrg on deft's mot #135 for summary judgment is contd fr 11/27/89 to 12/11/89 10am. Deft allowed until 11/30/89 to reply. Magistrate Michael R. Hogan (lf) (Entered: 10/04/1989)

Oct. 2, 1989
155

Response by defendants to plaintiffs' motion to strike certain of defendants' contentions of law 151 (former employee) (Entered: 10/13/1989)

Oct. 13, 1989
156

Reply by plaintiffs to defendants' response to plaintiffs' motions 151 to strike defendants' contentions of law (former employee) (Entered: 10/20/1989)

Oct. 20, 1989
157

Memorandum by plaintiff in opposition to motion for summary judgment [135−1] (lf) (Entered: 11/15/1989)

Nov. 15, 1989
158

MOTION by plaintiff for protective order MC 12/18/89na (lf) (Entered: 11/15/1989)

Nov. 15, 1989
159

Affidavit of Martha C. Evans (lf) (Entered: 11/16/1989)

Nov. 16, 1989
160

Response by defendants in opposition to pltf's motion for protective order [158−1]. Expedited consideration req. c−H (lf) (Entered: 11/27/1989)

Nov. 27, 1989
161

MOTION by defendants to extend time to 12/8/89 to reply to pltfs' response to defts' mot for summary judgment c−H (lf) (Entered: 11/28/1989)

Nov. 28, 1989
162

RECORD OF order granting defts' motion to extend time to 12/8/89 to reply to pltfs' response to defts' mot for summary judgment [161−1] Magistrate Michael R. Hogan (lf) (Entered: 12/01/1989)

Nov. 30, 1989
163

RECORD OF order contg tel hrg on defts' motion for summary judgment [135−1] fr 12/11/89 to 1/2/90 10am. Magistrate Michael R. Hogan (lf) (Entered: 12/06/1989)

Dec. 5, 1989
164

Withdrawal by intervenor−plaintiff Helen Jodi Bedell of motion for protective order [158−1] (lf) (Entered: 12/06/1989)

Dec. 5, 1989
165

Reply by defendants to memorandum in opposition motion for summary judgment [135−1] (lf) (Entered: 12/11/1989)

Dec. 11, 1989
166

RECORD OF tel hrg on defts' motion for summary judgment [135−1] − under advisement. Magistrate Michael R. Hogan (lf) (Entered: 01/04/1990)

Jan. 2, 1990
167

MOTION by defendants to amend the pretrial order to conform to affidavits . MC 2/20/90na (former employee) (Entered: 01/16/1990)

Jan. 16, 1990
168

RECORD OF order setting in person conf at 8:30am 1/30/90 in Eugene before Judge Hogan. Ord hrg on defts' mot #167 to a/PTO to conform to afdts advanced from 2/20/90 noa to 1/30/90 at 8:30am in Eugene. Magistrate Michael R. Hogan (sln) (Entered: 01/19/1990)

Jan. 17, 1990
169

RECORD OF order advancing in person conference &hrg on defts' mot #167 to amend PTO fr 8:30am to 8am 1/30/90 in Eugene. Magistrate Michael R. Hogan (lf) (Entered: 01/24/1990)

Jan. 23, 1990
170

Response by plaintiffs to defendants' motion to amend the pretrial order 167 . (former employee) (Entered: 01/25/1990)

Jan. 24, 1990
171

MOTION by plaintiff to amend the pretrial order . MC 1/30/90, 8:00 a.m. (former employee) (Entered: 01/25/1990)

Jan. 24, 1990

LODGED pretrial order (former employee) (Entered: 01/30/1990)

Jan. 29, 1990
172

RECORD OF order setting 3 day court trial in the Marion County Courthouse, Judge Barber's courtroom, 2nd floor, 148 High St., Salem, Oregon 2/28/90 at 9:00 a.m. before a magistrate. Magistrate Michael R. Hogan (former employee) (Entered: 01/30/1990)

Jan. 30, 1990
173

MOTION by Pam Fox, Deloris Bennett and Tary Anna McIntosh to intervene as plaintiffs. (former employee) (Entered: 01/31/1990)

Jan. 30, 1990
174

RECORD OF conference − defendants' motion 167 to amend the pretrial order to conform to affidavits and plaintiffs' motion 171 to amend the pretrial order allowed; Fox, Bennett and McIntosh's motion 173 to intervene as plaintiffs allowed. Witness and exhibit lists due 10 days prior to trial. Magistrate Michael R. Hogan (former employee) (Entered: 01/31/1990)

Jan. 30, 1990
175

Amendment to final pretrial order of 1/26/90 tendered by defendants. (former employee) (Entered: 02/01/1990)

Feb. 1, 1990
176

Clarification by defendants to defendants' motion for summary judgment 135 (former employee) (Entered: 02/01/1990)

Feb. 1, 1990
177

RECORD OF order amending 1/30/90 minute order to reflect that defts' mot #167 to amend PTO &pltfs' mot #171 to amend PTO are moot. Magistrate Michael R. Hogan (lf) (Entered: 02/07/1990)

Feb. 6, 1990
178

Witness list by plaintiffs (former employee) (Entered: 02/20/1990)

Feb. 20, 1990
179

Exhibit list by plaintiffs (former employee) (Entered: 02/20/1990)

Feb. 20, 1990
180

Tentative witness and exhibit lists by defendant (former employee) (Entered: 02/21/1990)

Feb. 21, 1990
181

Stipulated motion to permit defendants access to plaintiff Fox's medical record. c−H (former employee) (Entered: 02/22/1990)

Feb. 21, 1990
182

ORDER granting defendants' motion for summary judgment 135 in part and denying in part. Magistrate Michael R. Hogan (former employee) (Entered: 02/22/1990)

Feb. 22, 1990
183

ORDER − defendants may obtain Pam Fox's medical record. Magistrate Michael R. Hogan (former employee) (Entered: 02/22/1990)

Feb. 22, 1990
184

MOTION by plaintiffs to reconsider summary judgment for defendants on the prison industries . Expedited hearing requested. c−H (former employee) (Entered: 02/23/1990)

Feb. 23, 1990
185

MOTION by plaintiffs for continuance of the trial . Expedited hearing requested. c−H (former employee) (Entered: 02/26/1990)

Feb. 26, 1990
186

Memorandum by plaintiffs in support of motion for continuance of the trial 185 (former employee) (Entered: 02/26/1990)

Feb. 26, 1990
187

Opposition by defendants to motion for continuance of the trial 185 (former employee) (Entered: 02/27/1990)

Feb. 26, 1990
188

Opposition by defendants to motion to reconsider summary judgment for defendants on the prison industries 184 (former employee) (Entered: 02/27/1990)

Feb. 26, 1990
189

Tenative witness list by defendants (former employee) (Entered: 02/27/1990)

Feb. 26, 1990
190

Trial memo submitted by plaintiffs. (lf) (Entered: 03/06/1990)

Feb. 28, 1990
192

Revised exhibit list by defendants. (lf) (Entered: 03/06/1990)

Feb. 28, 1990

Agreed amendments to revised PTO. (lf) (Entered: 03/06/1990)

Feb. 28, 1990
193

RECORD OF Court trial (1st day) − Ord pltfs' motion for continuance of the trial [185−1] is denied. Ord pltfs' oral mot to exclude witnesses is allowed in part &denied in part. Ord trial contd to 3/1/90 8am in Marion Cty Courthouse in Salem, Or. Magistrate Michael R. Hogan (lf) (Entered: 03/06/1990)

Feb. 28, 1990
194

Revised exhibit list by defendants. (lf) (Entered: 03/06/1990)

March 1, 1990
195

RECORD OF Court trial (2nd day) − Evidence adduced. Ord trial contd to 3/2/90 9am in Marion Cty. Courthouse, Salem, Or. Magistrate Michael R. Hogan (lf) (Entered: 03/06/1990)

March 1, 1990
196

RECORD OF Court trial (3rd day) − Defts' oral mot for directed verdict is denied. Ord trial contd to 3/7/90 9am in Marion Cty. Courthouse Courtroom #4, 148 High St. NE. Salem, Or. before Judge Hogan. Magistrate Michael R. Hogan (lf) (Entered: 03/06/1990)

March 2, 1990
197

Revised witness list for Farm Industries &rebuttal submitted by plaintiffs. (lf) (Entered: 03/06/1990)

March 5, 1990
198

Defts' additional exhibits. (lf) (Entered: 03/06/1990)

March 6, 1990
199

Objections by defendants to pltfs' calling 3 witnesses to "rebut" alleged remarks made by Mr. Boyd during his cross−examination as pltfs' witness. (lf) (Entered: 03/06/1990)

March 6, 1990
200

Defts' witnesses on prison farm and prison industries issues. (lf) (Entered: 03/06/1990)

March 6, 1990
201

Rough summary of evidence tendered by defendants of evidence from first day of trial − 2/28/90. (former employee) (Entered: 03/08/1990)

March 7, 1990
202

RECORD OF court trial (4th day): Evidence adduced. Defendants' motion for directed verdict denied. Defendants' oral motion to dismiss Jeldness and Costa allowed in part and denied in part. Defendants' oral motion to dismiss McIntosh, Fox and Bennett denied. Plaintiffs directed to submit wirtten closing argument by 4/20/90. Defendants directed to submit written closing argument by 5/11/90. Each party allowed 5 days after receipt of other parties' written closing argument to file response. Defendants withdraw large versions of exhibits 156,157,158, 105, 106, 101 and 102. Magistrate Michael R. Hogan (former employee) (Entered: 03/08/1990)

March 7, 1990
203

Exhibit and witness list of Clerk. (former employee) (Entered: 03/08/1990)

March 7, 1990
210

MOTION by defendants to extend time to 4/12/90 to respond to laintiff's petition for attorney fees and form of judgment. 210 c−HO (former employee) (Entered: 04/05/1991)

April 4, 1990

State / Territory: Oregon

Case Type(s):

Prison Conditions

Key Dates

Filing Date: July 14, 1983

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Women prisoners incarcerated at the Oregon Women's Correctional Center

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Oregon State Department of Corrections, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

General:

Education

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

Type of Facility:

Government-run