Case: Laurna Chief Goes Out v. Missoula County

9:12-cv-00155 | U.S. District Court for the District of Montana

Filed Date: Sept. 12, 2012

Closed Date: 2016

Clearinghouse coding complete

Case Summary

On September 12, 2012, female prisoners at the Missoula County Detention Facility (MCDF), housed in Housing Unit 2 and the Juvenile Detention Center, filed a class-action lawsuit in the U.S. District Court for the District of Montana against Missoula County, the Sheriff of Missoula County and various persons employed at MCDF, under 42 U.S.C. § 1983. The plaintiffs, represented by attorneys from ACLU of Montana and University of Montana Law School, sought declaratory relief, order of the Court a…

On September 12, 2012, female prisoners at the Missoula County Detention Facility (MCDF), housed in Housing Unit 2 and the Juvenile Detention Center, filed a class-action lawsuit in the U.S. District Court for the District of Montana against Missoula County, the Sheriff of Missoula County and various persons employed at MCDF, under 42 U.S.C. § 1983. The plaintiffs, represented by attorneys from ACLU of Montana and University of Montana Law School, sought declaratory relief, order of the Court and attorney's fees, alleging that Missoula County violated their constitutional rights and their rights under the Montana Constitution by not giving them access to fresh air and outdoor exercise. The plaintiffs sought an injunction requiring the defendant to provide them with outdoor exercise and fresh air for one hour, five days per week. Moreover, the plaintiffs alleged gender discrimination, as Housing Unit 2 and the Juvenile Detention Center were the only facilities at MCDF that housed female prisoners and had no access to fresh air and outdoor exercise, while other housing units housed only male prisoners and they had access to fresh air and outdoor exercise.

On October 17, 2012, the Court (Judge Donald Molloy) issued an order granting class certification. The Court certified the class consisting of all current and future prisoners housed in Housing Unit 2 and the Juvenile Detention Center for a period of one month or longer who claimed cruel and unusual punishment through denial of fresh air and outdoor exercise. The Court also certified a subclass consisting of all female prisoners housed in Housing Unit 2.

On December 3, 2012, the plaintiffs filed an amended complaint, alleged mostly the same violations, but adding a plaintiff, who was a parent suing on behalf of a minor prisoner at the Juvenile Detention Center.

On January 10, 2013, the Court (Judge Donald Molloy) issued an order denying the defendants' motion to set aside class certification, but modified the class as current and future prisoners in the Housing Unit and the Juvenile Detention Center incarcerated for a period of one month or longer whom the defendants denied fresh air and outdoor exercise, with subclass for female prisoners at the Housing Unit 2 and the Juvenile Detention Center.

On February 27, 2013, the case was stayed as the parties entered settlement discussion. On October 31, 2013, the Court (Judge Donald Molloy) issued an order and a judgment, approving and adopting a Proposed Settlement Agreement (PSA) between the parties as a consent decree. The Court stated that the PSA was fair, adequate and reasonable, with no Class member objecting to it.

Under the PSA, the defendants were to construct outdoor recreation areas for the prisoners at the Housing Unit 2 and the Juvenile Detention Center, and provide them with access to it. They were also to provide adequate staffing and policies for the usage of the areas. The Court retained jurisdiction over the subject matter of the litigation. The defendant, Missoula County was to make available for inspection written logs for outdoor recreation, and allow access for confidential interviews to plaintiffs' lawyers. The consent decree could be terminated after two years pursuant to 18 U.S.C. § 3626(b) of the Prison Litigation Reform Act. The defendants also agreed to pay attorney's fees for the plaintiff.

On November 15, 2013, the Court (Judge Donald Molloy) issued an order granting the unopposed motion by the plaintiffs for attorney's fees in the amount of $34,594.87 within 60 days, per the stipulation filed by the parties on November 14, 2013.

On January 15, 2014, the defendants filed a status report on the construction of the outdoor recreation areas. Status reports were ongoing through 2015-2016 and on July 21, 2016 the defendants moved to terminate the consent decree on the grounds that they were fully compliant and the stipulated two years had expired. Judge Molloy granted the termination, and the case is now closed.

Summary Authors

Zhandos Kuderin (4/20/2014)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4956169/parties/chief-goes-out-v-missoula-county/


Judge(s)

Molloy, Donald W. (Montana)

Attorneys(s) for Plaintiff

Conley, Anna (Montana)

Munro, Gregory S (Montana)

Attorneys(s) for Defendant

McClain, Martha E. (Montana)

McNeil, Charles E. (Montana)

Twidwell, Kevin A. (Montana)

Zlatnik, Elena J. (Montana)

Judge(s)

Molloy, Donald W. (Montana)

Attorneys(s) for Plaintiff

Conley, Anna (Montana)

Munro, Gregory S (Montana)

Attorneys(s) for Defendant

McClain, Martha E. (Montana)

McNeil, Charles E. (Montana)

Twidwell, Kevin A. (Montana)

Zlatnik, Elena J. (Montana)

Documents in the Clearinghouse

Document

9:12-cv-00155

Docket [PACER]

July 21, 2016

July 21, 2016

Docket
1

9:12-cv-00155

Class Action; Complaint

Chief Goes Out . Missoula County

Sept. 12, 2012

Sept. 12, 2012

Complaint
11

9:12-cv-00155

Order

Chief Goes Out v. Missoula County

Oct. 17, 2012

Oct. 17, 2012

Order/Opinion
27

9:12-cv-00155

Class Action; Second Amended Complaint

Chief Goes Out v. Missoula County

Dec. 3, 2012

Dec. 3, 2012

Complaint
37

9:12-cv-00155

Order

Chief Goes Out v. Missoula County

2013 WL 139938

Jan. 10, 2013

Jan. 10, 2013

Order/Opinion
51

9:12-cv-00155

Consent Decree, Order and Judgment Approving and Adopting Proposed Settlement Agreement

Oct. 31, 2013

Oct. 31, 2013

Order/Opinion
53

9:12-cv-00155

Order

Chief Goes Out v. Missoula County

Nov. 15, 2013

Nov. 15, 2013

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4956169/chief-goes-out-v-missoula-county/

Last updated Aug. 2, 2022, 3:14 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants, filed by Brandy Burkowski, Laurna Chief Goes Out, Lynda French. (Attachments: # 1 Civil Cover Sheet) (BAW, ) (Entered: 09/12/2012)

Sept. 12, 2012

Sept. 12, 2012

Filing fee paid in the amount of $ 350.00, receipt number 0977−1124656 (BAW, ) (Entered: 09/12/2012)

Sept. 12, 2012

Sept. 12, 2012

2

Summons Issued as to Mark Foss, Mark Harris, Carl Ibsen, Jason Kowalski, Missoula County and mailed to counsel Conley for service. (BAW, ) (Entered: 09/12/2012)

Sept. 12, 2012

Sept. 12, 2012

3

MOTION to Certify Class and Subclass Anna C. Conley appearing for Plaintiffs Brandy Burkowski, Laurna Chief Goes Out, Lynda French (Conley, Anna) (Entered: 09/12/2012)

Sept. 12, 2012

Sept. 12, 2012

4

Brief/Memorandum in Support re 3 MOTION to Certify Class and Subclass filed by Brandy Burkowski, Laurna Chief Goes Out, Lynda French. (Conley, Anna) (Entered: 09/12/2012)

Sept. 12, 2012

Sept. 12, 2012

5

WAIVER OF SERVICE Returned Executed by Brandy Burkowski, Laurna Chief Goes Out, Lynda French. Missoula County waiver sent on 9/12/2012, answer due 11/13/2012. (Conley, Anna) (Entered: 09/28/2012)

Sept. 28, 2012

Sept. 28, 2012

6

WAIVER OF SERVICE Returned Executed by Brandy Burkowski, Laurna Chief Goes Out, Lynda French. Carl Ibsen waiver sent on 9/12/2012, answer due 11/13/2012. (Conley, Anna) (Entered: 09/28/2012)

Sept. 28, 2012

Sept. 28, 2012

7

WAIVER OF SERVICE Returned Executed by Brandy Burkowski, Laurna Chief Goes Out, Lynda French. Jason Kowalski waiver sent on 9/12/2012, answer due 11/13/2012. (Conley, Anna) (Entered: 09/28/2012)

Sept. 28, 2012

Sept. 28, 2012

8

WAIVER OF SERVICE Returned Executed by Brandy Burkowski, Laurna Chief Goes Out, Lynda French. Mark Foss waiver sent on 9/12/2012, answer due 11/13/2012. (Conley, Anna) (Entered: 09/28/2012)

Sept. 28, 2012

Sept. 28, 2012

9

WAIVER OF SERVICE Returned Executed by Brandy Burkowski, Laurna Chief Goes Out, Lynda French. Mark Harris waiver sent on 9/12/2012, answer due 11/13/2012. (Conley, Anna) (Entered: 09/28/2012)

Sept. 28, 2012

Sept. 28, 2012

11

ORDER granting 3 Motion to Certify Class. It is further ordered that Anna Conley and Greg Munro are appointed as class counsel. Signed by Judge Donald W. Molloy on 10/17/2012. (ASG, ) (Entered: 10/17/2012)

Oct. 17, 2012

Oct. 17, 2012

12

MOTION to Set Aside 11 Order on Motion to Certify Class and Allow Defendants to File Brief Kevin A. Twidwell appearing for Defendants Mark Foss, Mark Harris, Carl Ibsen, Jason Kowalski, Missoula County (Attachments: # 1 Exhibit A − Signed Waivers, # 2 Exhibit B − Correspondence) (Twidwell, Kevin) (Entered: 10/18/2012)

Oct. 18, 2012

Oct. 18, 2012

13

NOTICE of Appearance by Charles E. McNeil on behalf of Mark Foss, Mark Harris, Carl Ibsen, Jason Kowalski, Missoula County (McNeil, Charles) (Entered: 10/18/2012)

Oct. 18, 2012

Oct. 18, 2012

14

ORDER denying 12 Motion to Set Aside, subject to renewal. Signed by Judge Donald W. Molloy on 10/18/2012. (ASG, ) (Entered: 10/18/2012)

Oct. 18, 2012

Oct. 18, 2012

15

NOTICE of Appearance by Elena J. Zlatnik on behalf of Mark Foss, Mark Harris, Carl Ibsen, Jason Kowalski, Missoula County (Zlatnik, Elena) (Entered: 11/09/2012)

Nov. 9, 2012

Nov. 9, 2012

16

ANSWER to 10 Amended Complaint by Mark Foss, Mark Harris, Carl Ibsen, Jason Kowalski, Missoula County. (Twidwell, Kevin) (Entered: 11/09/2012)

Nov. 9, 2012

Nov. 9, 2012

17

MOTION to Set Aside 14 Order on Motion to Set Aside, 11 Order on Motion to Certify Class Kevin A. Twidwell appearing for Defendants Mark Foss, Mark Harris, Carl Ibsen, Jason Kowalski, Missoula County (Twidwell, Kevin) (Entered: 11/09/2012)

Nov. 9, 2012

Nov. 9, 2012

18

(INCORRECT PDF ATTACHED per call from counsel−see document 20) Brief/Memorandum in Support re 17 MOTION to Set Aside 14 Order on Motion to Set Aside, 11 Order on Motion to Certify Class filed by Mark Foss, Mark Harris, Carl Ibsen, Jason Kowalski, Missoula County. (Twidwell, Kevin) . (Entered: 11/09/2012)

Nov. 9, 2012

Nov. 9, 2012

19

AFFIDAVIT/DECLARATION re 17 MOTION to Set Aside 14 Order on Motion to Set Aside, 11 Order on Motion to Certify Class by Mark Foss, Mark Harris, Carl Ibsen, Jason Kowalski, Missoula County. (Attachments: # 1 Exhibit A − Burkowski release receipt report, # 2 Exhibit B − French release receipt report, # 3 Exhibit C − Chiefgoesout release receipt report) (Twidwell, Kevin) (Entered: 11/09/2012)

Nov. 9, 2012

Nov. 9, 2012

20

Brief/Memorandum in Support re 17 MOTION to Set Aside 14 Order on Motion to Set Aside, 11 Order on Motion to Certify Class filed by Mark Foss, Mark Harris, Carl Ibsen, Jason Kowalski, Missoula County. (Twidwell, Kevin) (Entered: 11/09/2012)

Nov. 9, 2012

Nov. 9, 2012

21

Unopposed MOTION for Extension of Time to File Response/Reply to Motion to Set Aside Class Certification Anna C. Conley appearing for Plaintiffs Brandy Burkowski, Laurna Chief Goes Out, Lynda French, Dawn Morris (Attachments: # 1 Exhibit Text of Proposed Order) (Conley, Anna) (Entered: 11/15/2012)

Nov. 15, 2012

Nov. 15, 2012

22

ORDER granting 21 Motion for Extension of Time to File Response/Reply re 17 MOTION to Set Aside 14 Order on Motion to Set Aside, 11 Order on Motion to Certify Class. Responses due by 11/30/2012. Replies due by 12/14/2012. Motions ripe 11/30/2012. Signed by Judge Donald W. Molloy on 11/16/2012. (dle) (Entered: 11/16/2012)

Nov. 16, 2012

Nov. 16, 2012

23

PRELIMINARY PRETRIAL CONFERENCE ORDER:Preliminary Pretrial Statement due by 1/8/2013. Joint Discovery Plan due by 1/8/2013. Pretrial Conference set for 1/15/2013 at 11:00 AM in the Russell Smith Courthouse, Missoula, MT before Judge Donald W. Molloy. Signed by Judge Donald W. Molloy on 11/20/2012. (dle) (Entered: 11/20/2012)

Nov. 20, 2012

Nov. 20, 2012

24

Unopposed MOTION for Leave to File Second Amended Complaint Anna C. Conley appearing for Plaintiffs Brandy Burkowski, Laurna Chief Goes Out, Lynda French, Dawn Morris (Attachments: # 1 Exhibit Proposed Second Amended Complaint, # 2 Exhibit Proposed Order) (Conley, Anna) (Entered: 11/29/2012)

Nov. 29, 2012

Nov. 29, 2012

26

ORDER granting 24 Motion for Leave to File second amended complaint. Signed by Judge Donald W. Molloy on 11/30/2012. (dle) (Entered: 11/30/2012)

Nov. 30, 2012

Nov. 30, 2012

27

AMENDED COMPLAINT against All Defendants, filed by Brandy Burkowski, Laurna Chief Goes Out, Lynda French, Dawn Morris. (Conley, Anna) (Entered: 12/03/2012)

Dec. 3, 2012

Dec. 3, 2012

28

REPLY to Response to Motion re 17 MOTION to Set Aside 14 Order on Motion to Set Aside, 11 Order on Motion to Certify Class filed by Mark Foss, Mark Harris, Carl Ibsen, Jason Kowalski, Missoula County. (Zlatnik, Elena) (Entered: 12/12/2012)

Dec. 12, 2012

Dec. 12, 2012

29

Defendants' ANSWER to 27 Amended Complaint by Mark Foss, Mark Harris, Carl Ibsen, Jason Kowalski, Missoula County. (Twidwell, Kevin) (Entered: 12/20/2012)

Dec. 20, 2012

Dec. 20, 2012

30

PRELIMINARY PRETRIAL STATEMENT by Mark Foss, Mark Harris, Carl Ibsen, Jason Kowalski, Missoula County. (Twidwell, Kevin) (Entered: 01/08/2013)

Jan. 8, 2013

Jan. 8, 2013

31

PRELIMINARY PRETRIAL STATEMENT by Brandy Burkowski, Laurna Chief Goes Out, Lynda French, Dawn Morris. (Conley, Anna) (Entered: 01/08/2013)

Jan. 8, 2013

Jan. 8, 2013

32

JOINT DISCOVERY PLAN by Brandy Burkowski, Laurna Chief Goes Out, Lynda French, Dawn Morris. (Conley, Anna) (Entered: 01/08/2013)

Jan. 8, 2013

Jan. 8, 2013

33

Unopposed MOTION for Leave to File Additional Evidence Anna C. Conley appearing for Plaintiffs Brandy Burkowski, Laurna Chief Goes Out, Lynda French, Dawn Morris (Attachments: # 1 Exhibit Proposed Order) (Conley, Anna) (Entered: 01/09/2013)

Jan. 9, 2013

Jan. 9, 2013

34

Brief/Memorandum in Support re 33 Unopposed MOTION for Leave to File Additional Evidence filed by Brandy Burkowski, Laurna Chief Goes Out, Lynda French, Dawn Morris. (Conley, Anna) (Entered: 01/09/2013)

Jan. 9, 2013

Jan. 9, 2013

35

ORDER granting 33 Motion for Leave to File additional evidence. Signed by Judge Donald W. Molloy on 1/9/2013. (dle) (Entered: 01/09/2013)

Jan. 9, 2013

Jan. 9, 2013

36

NOTICE by Brandy Burkowski, Laurna Chief Goes Out, Lynda French, Dawn Morris (Attachments: # 1 Exhibit Exhibit A) (Conley, Anna) (Entered: 01/10/2013)

Jan. 10, 2013

Jan. 10, 2013

38

SCHEDULING ORDER: Final Pretrial Conference set for 10/3/2013 at 1:30 PM in the Russell Smith Courthouse, Missoula, MT before Judge Donald W. Molloy. Jury Trial set for 10/15/2013 at 8:30 AM in the Russell Smith Courthouse, Missoula, MT before Judge Donald W. Molloy. Amended Pleadings due by 1/29/2013. Discovery due by 7/3/2013. Motions due by 8/3/2013. Proposed Pretrial Order due by 9/25/2013. Signed by Judge Donald W. Molloy on 1/15/2013. (dle) (Entered: 01/15/2013)

Jan. 15, 2013

Jan. 15, 2013

39

Joint MOTION to Stay Proceeings and to Vacate Scheduling Order Charles E. McNeil appearing for Defendants Mark Foss, Mark Harris, Carl Ibsen, Jason Kowalski, Missoula County (Attachments: # 1 Exhibit A − proposed Order) (McNeil, Charles) (Entered: 02/26/2013)

Feb. 26, 2013

Feb. 26, 2013

40

ORDER STAYING CASE. Motions terminated: 39 Joint MOTION to Stay Proceeings and to Vacate Scheduling Order filed by Mark Foss, Carl Ibsen, Missoula County, Mark Harris, Jason Kowalski. Status Report due by 4/15/2013. Signed by Judge Donald W. Molloy on 2/27/2013. (dle) (Entered: 02/27/2013)

Feb. 27, 2013

Feb. 27, 2013

41

STATUS REPORT Joint by Mark Foss, Mark Harris, Carl Ibsen, Jason Kowalski, Missoula County. (McNeil, Charles) (Entered: 04/12/2013)

April 12, 2013

April 12, 2013

43

Joint MOTION to Approve Settlement Agreement Preliminarily, Notice to Class and Schedule Fairness Hearing Anna C. Conley appearing for Plaintiffs Brandy Burkowski, Laurna Chief Goes Out, Lynda French, Dawn Morris (Conley, Anna) (Entered: 07/10/2013)

July 10, 2013

July 10, 2013

44

BRIEF IN SUPPORT of Joint MOTION to Approve Settlement Agreement Anna C. Conley appearing for Plaintiffs Brandy Burkowski, Laurna Chief Goes Out, Lynda French, Dawn Morris (Attachments: # 1 Exhibit Proposed Settlement Agreement, # 2 Exhibit Proposed Notice to Class, # 3 Text of Proposed Order Proposed Order) (Conley, Anna) Modified on 7/10/2013 (BAW, ). (Entered: 07/10/2013)

July 10, 2013

July 10, 2013

45

Notice of Correction: re 44 Joint MOTION to Approve Settlement Agreement Brief in Support . The filing error relates to: Incorrect Docket Event used. See the attached document for a brief description of the error made. (BAW, ) (Entered: 07/10/2013)

July 10, 2013

July 10, 2013

46

ORDER granting 43 Joint MOTION; Setting Hearing on Motion 43 Joint MOTION to Approve Settlement Agreement to determine whether the proposed settlement agreement is fair, reasonable, and adequate and should be approved by the court set for 10/31/2013 at 09:00 AM in Missoula, MT before Judge Donald W. Molloy.) Signed by Judge Donald W. Molloy on 7/12/2013. (BAW, ) (Entered: 07/12/2013)

July 12, 2013

July 12, 2013

47

Unopposed MOTION to Clarify Order (Dkt.46) Charles E. McNeil appearing for Defendants Mark Foss, Mark Harris, Carl Ibsen, Jason Kowalski, Missoula County (Attachments: # 1 Text of Proposed Order Order for clarification, # 2 Exhibit Revised Ex B) (McNeil, Charles) (Entered: 07/24/2013)

July 24, 2013

July 24, 2013

48

ORDER granting 47 Motion to Clarify. Signed by Judge Donald W. Molloy on 7/25/2013. (Attachments: # 1 Exhibit B) (dle) (Entered: 07/25/2013)

July 25, 2013

July 25, 2013

49

AFFIDAVIT/DECLARATION re 46 Order, Terminate Motions, Order Setting Hearing on Motion,,, of Jason Kowalski by Mark Foss, Mark Harris, Carl Ibsen, Jason Kowalski, Missoula County. (McNeil, Charles) (Entered: 10/04/2013)

Oct. 4, 2013

Oct. 4, 2013

50

Minute Entry for proceedings held before Judge Donald W. Molloy: Motion Hearing held on 10/31/2013 re 43 Joint MOTION to Approve Settlement Agreement Preliminarily, Notice to Class and Schedule Fairness Hearing filed by Lynda French, Laurna Chief Goes Out, Dawn Morris, Brandy Burkowski. Counsel Greg Munro and Anna Conley appearing on behalf of the Plaintiffs, Counsel Chuck McNeil appearing on behalf of the Defendants. Settlement agreement discussed. Initial requirements in Court's Order have been met. Court approves settlement under terms proposed; Order adopting signed in open Court. Hearing commenced at 9:06 a.m. and concluded at 9:15 a.m. (Court Reporter JoAnn Bacheller.) (NOS, ) (Entered: 10/31/2013)

Oct. 31, 2013

Oct. 31, 2013

51

CONSENT DECREE, ORDER AND JUDGMENT APPROVING AND ADOPTING PROPOSED SETTLEMENT AGREEMENT. Signed by Judge Donald W. Molloy on 10/31/2013. (Attachments: # 1 Exhibit A − Settlement Agreement) (NOS, ) (Entered: 10/31/2013)

Oct. 31, 2013

Oct. 31, 2013

Administrative Correction: Case inadvertently closed. Case reopended this date. (CDH, ) (Entered: 10/31/2013)

Oct. 31, 2013

Oct. 31, 2013

52

Unopposed MOTION for Attorney Fees Anna C. Conley appearing for Plaintiffs Brandy Burkowski, Laurna Chief Goes Out, Lynda French, Dawn Morris (Attachments: # 1 Exhibit Stipulation Regarding Attorneys Fees, # 2 Exhibit Proposed Order Regarding Attorneys Fees) (Conley, Anna) (Entered: 11/14/2013)

Nov. 14, 2013

Nov. 14, 2013

53

ORDER granting 52 Motion for Attorney Fees. Signed by Judge Donald W. Molloy on 11/15/2013. (dle) (Entered: 11/15/2013)

Nov. 15, 2013

Nov. 15, 2013

54

STATUS REPORT (Joint) by Mark Foss, Mark Harris, Carl Ibsen, Jason Kowalski, Missoula County. (Attachments: # 1 Outback Construction Memo) (McNeil, Charles) (Entered: 01/15/2014)

Jan. 15, 2014

Jan. 15, 2014

55

STATUS REPORT Supplemental Joint by Mark Foss, Mark Harris, Carl Ibsen, Jason Kowalski, Missoula County. (Attachments: # 1 Letter of Transmittal) (McNeil, Charles) (Entered: 05/05/2014)

May 5, 2014

May 5, 2014

57

NOTICE of Substitution of Counsel by Brandy Burkowski, Laurna Chief Goes Out, Lynda French, Dawn Morris (Conley, Anna) (Entered: 06/25/2014)

June 25, 2014

June 25, 2014

58

STATUS REPORT by Laurna Chief Goes Out. (Taylor, James) (Entered: 06/30/2015)

June 30, 2015

June 30, 2015

59

STATUS REPORT (Joint) by Mark Foss, Mark Harris, Carl Ibsen, Jason Kowalski, Missoula County. (McNeil, Charles) (Entered: 03/04/2016)

March 4, 2016

March 4, 2016

60

NOTICE of Substitution of Counsel by Missoula County (Hart, John) (Entered: 04/11/2016)

April 11, 2016

April 11, 2016

61

NOTICE of Change of Address by John W. Hart (Hart, John) (Entered: 04/14/2016)

April 14, 2016

April 14, 2016

62

NOTICE of Change of Address by John W. Hart (Hart, John) (Entered: 04/15/2016)

April 15, 2016

April 15, 2016

63

MOTION termination of prospective relief re 51 Consent Judgment Charles E. McNeil appearing for Defendant Missoula County (Attachments: # 1 Text of Proposed Order termination of prospective relief) (McNeil, Charles) (Entered: 07/21/2016)

July 21, 2016

July 21, 2016

64

Brief/Memorandum in Support re 63 MOTION termination of prospective relief re 51 Consent Judgment filed by Missoula County. (McNeil, Charles) (Entered: 07/21/2016)

July 21, 2016

July 21, 2016

65

ORDER granting 63 Motion to terminate prospective relief. The prospective relief within the Consent Decree is terminated. Signed by Judge Donald W. Molloy on 7/21/2016. (DLE) (Entered: 07/21/2016)

July 21, 2016

July 21, 2016

37

ORDER denying 17 Motion to Set Aside Class Certification. Signed by Judge Donald W. Molloy on 1/10/2013. (dle)

Jan. 10, 2013

Jan. 10, 2013

RECAP

Case Details

State / Territory: Montana

Case Type(s):

Jail Conditions

Special Collection(s):

Post-WalMart decisions on class certification

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 12, 2012

Closing Date: 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Female prisoners at the Missoula County Detention Facility

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Missoula County (Missoula), County

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Declaratory Judgment

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 34,594.87

Order Duration: 2014 - 2016

Content of Injunction:

Discrimination Prohibition

Goals (e.g., for hiring, admissions)

Recordkeeping

Reporting

Issues

General:

Conditions of confinement

Juveniles

Recreation / Exercise

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

Medical/Mental Health:

Mental health care, general

Mental health care, unspecified

Type of Facility:

Government-run