Case: Andersen v. Becker County

0:08-cv-05687 | U.S. District Court for the District of Minnesota

Filed Date: Oct. 15, 2008

Closed Date: 2010

Clearinghouse coding complete

Case Summary

On October 15, 2008, inmates of the Becker County Jail, represented by private counsel, filed this civil rights class action against Becker County, Minnesota and several law enforcement officials in the United States District Court for the District of Minnesota for interfering with their communications with their attorneys.Plaintiffs claim that Becker County failed to train its jail perosnel, and did not inform the inmates that phone calls between inmates and their attorneys were supposed to be…

On October 15, 2008, inmates of the Becker County Jail, represented by private counsel, filed this civil rights class action against Becker County, Minnesota and several law enforcement officials in the United States District Court for the District of Minnesota for interfering with their communications with their attorneys.

Plaintiffs claim that Becker County failed to train its jail perosnel, and did not inform the inmates that phone calls between inmates and their attorneys were supposed to be private. County employees monitored and recorded privileged telephone calls between detainees/inmates of the jail and their attorneys. The plaintiffs sought damages and injunctive relief.

Plaintiffs moved for a Temporary Restraining Order (TRO). On December 12, 2008, the Court (Judge Ann D. Montgomery) denied the motion, finding that the plaintiffs were unable to make a showing that the recording of their phone calls was so severe a constitutional violation to warrant a TRO.

On September 28, 2009, in cross-motions for Summary Judgment, the Court (Judge Montgomery) granted in part, the defendant's motion for summary judgment, and denied the plaintiff's motion for partial summary judgment. Plaintiffs' First, Fourth, Fifth, Sixth, and Fourteenth Amendment claims were dismissed, along with state law and federal common law claims. The plaintiffs claims of violations federal wiretapping statutes survived.

On January 11, 2010, the parties received a settlement. Defendants agreed to pay $104,000 in damages. The case was closed thereafter.

Summary Authors

Blase Kearney (4/8/2012)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4830694/parties/andersen-v-becker-the-county-of/


Judge(s)

Erickson, Raymond L. (Minnesota)

Montgomery, Ann D. (Minnesota)

Attorneys(s) for Plaintiff

Abrahamson, Jeffery A. (Minnesota)

Bryden, Daniel C (Minnesota)

Miller, Bryce M. (Minnesota)

Sprenger, Steve M (District of Columbia)

Attorneys(s) for Defendant

Iverson, Jon K (Minnesota)

Tindal, Susan M. (Minnesota)

Wing, Andrea B (Minnesota)

Expert/Monitor/Master

Thompson, Mara R (Minnesota)

Judge(s)

Erickson, Raymond L. (Minnesota)

Montgomery, Ann D. (Minnesota)

Attorneys(s) for Plaintiff

Abrahamson, Jeffery A. (Minnesota)

Bryden, Daniel C (Minnesota)

Miller, Bryce M. (Minnesota)

Sprenger, Steve M (District of Columbia)

Attorneys(s) for Defendant

Iverson, Jon K (Minnesota)

Tindal, Susan M. (Minnesota)

Wing, Andrea B (Minnesota)

Expert/Monitor/Master

Thompson, Mara R (Minnesota)

Documents in the Clearinghouse

Document

0:08-cv-05687

Docket [PACER]

Andersen v. Becker

May 4, 2010

May 4, 2010

Docket
1

0:08-cv-05687

Class Action Complaint

Andersen v. County of Becker

Oct. 15, 2008

Oct. 15, 2008

Complaint

Press Release

Andersen v. County of Becker

No Court

Oct. 15, 2008

Oct. 15, 2008

Press Release

0:08-cv-05687

Amended Class Action Complaint

Andersen v. County of Becker

Oct. 28, 2008

Oct. 28, 2008

Complaint
24

0:08-cv-05687

Answer to Plaintiffs' First Amended Complaint

Andersen v. County of Becker

Dec. 11, 2008

Dec. 11, 2008

Pleading / Motion / Brief
30

0:08-cv-05687

Order

Andersen v. County of Becker

Dec. 12, 2008

Dec. 12, 2008

Order/Opinion
40

0:08-cv-05687

Defendants’ Memorandum of Law in Support of Their Motion for Summary Judgment

Andersen v. County of Becker

2009 WL 4563523

June 30, 2009

June 30, 2009

Pleading / Motion / Brief
56

0:08-cv-05687

Plaintiffs’ Memorandum of Law in Opposition to Defendants’ Motion for Summary Judgment

Andersen v. County of Becker

2009 WL 4563526

July 29, 2009

July 29, 2009

Pleading / Motion / Brief
68

0:08-cv-05687

Memorandum Opinion and Order

Andersen v. County of Becker

2009 WL 3164769

Sept. 28, 2009

Sept. 28, 2009

Order/Opinion
82

0:08-cv-05687

Audio Disc Transcription of Settlement Agreement

Andersen v. County of Becker

Jan. 11, 2010

Jan. 11, 2010

Transcript

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4830694/andersen-v-becker-the-county-of/

Last updated Aug. 10, 2022, 3:15 a.m.

ECF Number Description Date Link Date / Link
29

ORDER denying 4 Plaintiff Kenneth Andersen's Motion for TRO (Written Opinion). Signed by Judge Ann D. Montgomery on 12/12/2008. (TLU)

Dec. 12, 2008

Dec. 12, 2008

RECAP
68

MEMORANDUM OPINION AND ORDER granting in part and denying in part 38 Defendants' Motion for Summary Judgment; denying 47 Plaintiffs' Motion for Summary Judgment (Written Opinion). Signed by Judge Ann D. Montgomery on 09/28/2009. (TLU)

Sept. 28, 2009

Sept. 28, 2009

RECAP

Case Details

State / Territory: Minnesota

Case Type(s):

Jail Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 15, 2008

Closing Date: 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Two inmates at Becker County Jail and an attorney who had phone their attorney-client calls recorded, filing on behalf of themselves and similarly situated individuals

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Becker County, County

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Freedom of speech/association

Self-incrimination

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Amount Defendant Pays: 104000

Issues

General:

Access to lawyers or judicial system

Failure to train

Phone