Case: Fish v. Acton

1:11-cv-00099 | U.S. District Court for the District of Montana

Filed Date: Aug. 31, 2011

Closed Date: 2013

Clearinghouse coding complete

Case Summary

On August 31, 2011, female prisoners formerly and currently incarcerated at the Montana Women's Prison ("MWP") filed a lawsuit in the U.S. District Court for the District of Montana under 42 U.S.C. § 1983 and 20 U.S.C. § 1681 against the Montana Department of Corrections. The plaintiffs, represented by the ACLU of Montana and private counsel, claimed that MWP's policy forcing them to participate in the "Right Living Community" program ("RLC") and forbidding them from participating in boot camp…

On August 31, 2011, female prisoners formerly and currently incarcerated at the Montana Women's Prison ("MWP") filed a lawsuit in the U.S. District Court for the District of Montana under 42 U.S.C. § 1983 and 20 U.S.C. § 1681 against the Montana Department of Corrections. The plaintiffs, represented by the ACLU of Montana and private counsel, claimed that MWP's policy forcing them to participate in the "Right Living Community" program ("RLC") and forbidding them from participating in boot camp constituted discrimination on the basis of gender, in violation of the Fifth and Fourteenth amendments. They asked the Court for declaratory and injunctive relief, and compensatory and punitive damages.

While incarcerated at MWP, plaintiffs were forced to participate in the RLC program. RLC is purported to serve as a substitute for the statutory right of prisoners in Montana to attend boot camp. Boot camp is a program that uses physical activity, military-style discipline, and intensive counseling, education, and treatment programming. Successful completion of boot camp has led to dramatically decreased recidivism rates, eligibility for sentence reduction, and conversion to probation. Female prisoners, including the plaintiffs, do not have the opportunity to attend boot camp and have no programs available for sentence reduction upon successful completion. Instead, women prisoners are required to participate in RLC. RLC does not provide the same treatment and education skills that boot camp provides. Rather, RLC is designed to restructure thinking patterns and change human behavior. RLC divides female prisoners into a hierarchy. Members of the higher levels of the hierarchy maintain power over others. RLC participants must participate in two "family" meetings each day, attend a weekly "talking circle," and complete homework assignments. Plaintiffs allege that this has caused significant negative impacts on the conditions of incarceration at MWP. The only option for women who choose not to participate in RLC is to be housed in solitary confinement. Male prisoners in the Montana State Prison are not required to participate in any treatment program unless ordered by a sentencing judge.

On October 28, 2013, upon joint motion of the parties, Judge Sam Haddon dismissed the case with prejudice. The parties settled all claims among themselves.

Summary Authors

Nate West (11/2/2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4909902/parties/fish-v-acton/


Judge(s)

Cebull, Richard F. (Montana)

Haddon, Sam E. (Montana)

Ostby, Carolyn S. (Montana)

Attorneys(s) for Plaintiff

Conley, Anna (Montana)

Ellingson, Jon (Montana)

Gray, Kyle A. (Montana)

Miller, Adrian Ann (Montana)

Waterman, Ronald F. (Montana)

Attorneys(s) for Defendant

Ambrose, Colleen E (Montana)

Eakin, Ira (Montana)

Judge(s)

Cebull, Richard F. (Montana)

Haddon, Sam E. (Montana)

Ostby, Carolyn S. (Montana)

Attorneys(s) for Plaintiff

Conley, Anna (Montana)

Ellingson, Jon (Montana)

Gray, Kyle A. (Montana)

Miller, Adrian Ann (Montana)

Waterman, Ronald F. (Montana)

Attorneys(s) for Defendant

Ambrose, Colleen E (Montana)

Eakin, Ira (Montana)

Forsyth, W. Anderson (Montana)

McLinden, Ross William (Montana)

Documents in the Clearinghouse

Document

Docket [PACER]

Oct. 28, 2013 Docket
1

Complaint

Aug. 31, 2011 Complaint
16

Order and Findings and Recommendations of United States Magistrate Judge to Deny Motion for Default and Motion to Dismiss

2012 WL 1231999

March 9, 2012 Order/Opinion
18

Order Adopting Findings and Recommendations of U.S. Magistrate Judge

2012 WL 1245664

April 12, 2012 Order/Opinion
36

First Amended Complaint

Aug. 31, 2012 Complaint
39-1

Second Amended Complaint

Sept. 24, 2012 Complaint
80

Order for Stipulation for Dismissal and Proposed Order of Dismissal

Sept. 11, 2013 Order/Opinion

Resources

Title Description External URL

Fish v. Acton

ACLU Montana

The American Civil Liberties Union sued the Montana Department of Corrections and officials at the Montana Women’s Prison in September 2012 over illegal and discriminatory treatment of women’s prison… Sept. 4, 2012 https://www.aclumontana.org/en/cases/fish-v-acton

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4909902/fish-v-acton/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
16

Order and Findings and Recommendations of United States Magistrate Judge to Deny 11 Motion for Default and 12 Motion to Dismiss. Fish is given until May 18, 2012, to file proof of service upon Defendants or otherwise show cause why service has not been accomplished. Objections to F&R due by 3/26/2012. Signed by Magistrate Carolyn S Ostby on 3/9/2012. Mailed to Fish with Rules as directed. (TAG, )

March 9, 2012 RECAP
1

COMPLAINT − PRISONER against All Defendants ( Filing fee $ 350 receipt number DMTX1−6133.) filed by Susan Fish. (Attachments: #(1) Exhibit A, #(2) Exhibit B, #(3) Exhibit C, #(4) Exhibit D) (POC, ) (Entered: 09/02/2011)

Aug. 31, 2011
18

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 16 in full. Fish's Motion for Default Judgment 11 is DENIED and Defendants' Motion to Dismiss 12 is DENIED. Signed by Judge Richard F. Cebull on 4/12/2012. (TAG, )

April 12, 2012 RECAP
2

NOTICE OF CASE OPENING re 1 Complaint IFP/Prisoner. Mailed to Fish with docket sheet. (TAG, ) (Entered: 09/06/2011)

Sept. 6, 2011
3

Order to Serve Complaint. On or before December 29, 2011, Fish shall either provide the Court with proof of service of the summons and complaint upon the Defendants, or otherwise show cause why the complaint should not be dismissed without prejudice. Signed by Magistrate Carolyn S Ostby on 10/24/2011. Mailed to Fish with copy of Rule 4 as directed. (TAG, ) (Entered: 10/24/2011)

Oct. 24, 2011
5

SUMMONS Returned Executed. Jo Acton served on 11/8/2011, answer due 11/29/2011. (Attachments: # 1 Proof of Service) (TAG, ) (Entered: 12/01/2011)

Nov. 28, 2011
6

SUMMONS Returned Executed. Annamae Derrick served on 11/8/2011, answer due 11/29/2011. (Attachments: # 1 Proof of Service) (TAG, ) (Entered: 12/01/2011)

Nov. 28, 2011
7

SUMMONS Returned Executed. Charlotte Dolezal served on 11/8/2011, answer due 11/29/2011. (Attachments: # 1 Proof of Service) (TAG, ) (Entered: 12/01/2011)

Nov. 28, 2011
8

SUMMONS Returned Executed. Mark Hartman served on 11/8/2011, answer due 11/29/2011. (Attachments: # 1 Proof of Service) (TAG, ) (Entered: 12/01/2011)

Nov. 28, 2011
9

SUMMONS Returned Executed. Sue Orand served on 11/8/2011, answer due 11/29/2011. (Attachments: # 1 Proof of Service) (TAG, ) (Entered: 12/01/2011)

Nov. 28, 2011
10

SUMMONS Returned Executed. Robert Paul served on 11/8/2011, answer due 11/29/2011. (Attachments: # 1 Proof of Service) (TAG, ) (Entered: 12/01/2011)

Nov. 28, 2011
11

MOTION for Default Judgment as to by Plaintiff Susan Fish. Motions referred to Carolyn S Ostby. (Attachments: # 1 Notice of Service, # 2 Exhibit, # 3 Certificate of Service) (TAG, ) (Entered: 01/09/2012)

Jan. 9, 2012
12

MOTION to Dismiss Insufficient Service of Process Colleen E. Ambrose appearing for Defendants Jo Acton, Annamae Derrick, Charlotte Dolezal, Mike Ferriter, Mark Hartman, Sue Orand, Robert Paul Motions referred to Carolyn S Ostby. (Ambrose, Colleen) (Entered: 01/18/2012)

Jan. 18, 2012
13

Brief/Memorandum in Support re 12 MOTION to Dismiss Insufficient Service of Process filed by Jo Acton, Annamae Derrick, Charlotte Dolezal, Mike Ferriter, Mark Hartman, Sue Orand, Robert Paul. (Ambrose, Colleen) (Entered: 01/18/2012)

Jan. 18, 2012
14

RESPONSE to Motion re 12 MOTION to Dismiss Insufficient Service of Process filed by Susan Fish. (TAG, ) (Entered: 02/10/2012)

Feb. 10, 2012
15

NOTICE of Legal Representation by Susan Fish. (TAG, ) (Entered: 03/06/2012)

March 6, 2012
17

NOTICE of Appearance by Ronald F. Waterman on behalf of Susan Fish (Waterman, Ronald) (Entered: 03/16/2012)

March 16, 2012
19

WAIVER OF SERVICE Returned Executed by Susan Fish. Mike Ferriter waiver sent on 4/26/2012, answer due 6/25/2012. (Attachments: # 1 Summons Issued) (Waterman, Ronald) (Entered: 04/27/2012)

April 27, 2012
20

WAIVER OF SERVICE Returned Executed by Susan Fish. Jo Acton waiver sent on 4/26/2012, answer due 6/25/2012. (Attachments: # 1 Summons) (Waterman, Ronald) (Entered: 04/27/2012)

April 27, 2012
21

WAIVER OF SERVICE Returned Executed by Susan Fish. Annamae Derrick waiver sent on 4/26/2012, answer due 6/25/2012. (Attachments: # 1 Summons) (Waterman, Ronald) (Entered: 04/27/2012)

April 27, 2012
22

WAIVER OF SERVICE Returned Executed by Susan Fish. Charlotte Dolezal waiver sent on 4/26/2012, answer due 6/25/2012. (Attachments: # 1 Summons) (Waterman, Ronald) (Entered: 04/27/2012)

April 27, 2012
24

WAIVER OF SERVICE Returned Executed by Susan Fish. Sue Orand waiver sent on 4/26/2012, answer due 6/25/2012. (Attachments: # 1 Summons) (Waterman, Ronald) (Entered: 04/27/2012)

April 27, 2012
25

WAIVER OF SERVICE Returned Executed by Susan Fish. Robert Paul waiver sent on 4/26/2012, answer due 6/25/2012. (Attachments: # 1 Summons) (Waterman, Ronald) (Entered: 04/27/2012)

April 27, 2012
26

NOTICE of Appearance by Colleen E. Ambrose on behalf of Jo Acton, Annamae Derrick, Charlotte Dolezal, Mike Ferriter, Mark Hartman, Sue Orand, Robert Paul (Ambrose, Colleen) (Entered: 06/25/2012)

June 25, 2012
27

NOTICE of Appearance by Ira Eakin on behalf of All Defendants (Eakin, Ira) (Entered: 06/25/2012)

June 25, 2012
28

Defendants' ANSWER to Complaint by Jo Acton, Annamae Derrick, Charlotte Dolezal, Mike Ferriter, Mark Hartman, Sue Orand, Robert Paul. (Eakin, Ira) (Entered: 06/25/2012)

June 25, 2012
29

SCHEDULING ORDER. Amended Pleadings due by 8/31/2012. Discovery due by 3/15/2013. Joinder of Parties due by 8/31/2012. Motions due by 3/29/2013. Additional deadlines in Order. Signed by Magistrate Carolyn S Ostby on 6/29/2012. (TAG, ) (Entered: 06/29/2012)

June 29, 2012
30

Mailing of Consent to Magistrate Judge. Sent to counsel Colleen E. Ambrose, Ira Eakin, Ronald F. Waterman.Consent/Objection to USMJ Form due by 8/2/2012. (Attachments: # 1 Election Form) (TAG, ) (Entered: 06/29/2012)

June 29, 2012
31

ORDER REFERRING CASE to Magistrate Judge. Signed by Judge Richard F. Cebull on 8/8/2012. (TAG, ) Modified on 8/8/2012 Clerk printed down a copy to CSO Chambers (ACL, ). (Entered: 08/08/2012)

Aug. 8, 2012
32

NOTICE of Appearance by Anna C. Conley on behalf of Susan Fish (Conley, Anna) (Entered: 08/17/2012)

Aug. 17, 2012
33

NOTICE of Appearance by Jon E. Ellingson on behalf of Susan Fish (Ellingson, Jon) (Entered: 08/17/2012)

Aug. 17, 2012
34

Unopposed MOTION to Amend/Correct 1 Complaint IFP/Prisoner Ronald F. Waterman appearing for Plaintiff Susan Fish Motions referred to Carolyn S Ostby. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order) (Waterman, Ronald) (Entered: 08/31/2012)

Aug. 31, 2012
35

ORDER granting 34 UNOPPOSED MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT. Pursuant to Local Rule 15.1,Plaintiffs must promptly file their amended pleading. Signed by Magistrate Carolyn S Ostby on 9/4/2012. (TAG, ) (Entered: 09/04/2012)

Sept. 4, 2012
36

AMENDED COMPLAINT against All Defendants, filed by Susan Fish. (Waterman, Ronald) (Entered: 09/04/2012)

Sept. 4, 2012
37

NOTICE of Appearance by Kyle A. Gray on behalf of All Plaintiffs (Gray, Kyle) (Entered: 09/04/2012)

Sept. 4, 2012
38

NOTICE of Appearance by Adrian Ann Miller on behalf of All Plaintiffs (Miller, Adrian) (Entered: 09/04/2012)

Sept. 4, 2012
39

Unopposed MOTION to Amend/Correct 36 Amended Complaint Ronald F. Waterman appearing for Plaintiff Susan Fish Motions referred to Carolyn S Ostby. (Attachments: # 1 Second Amended Complaint, # 2 Text of Proposed Order) (Waterman, Ronald) (Entered: 10/02/2012)

Oct. 2, 2012
40

ORDER granting 39 Unopposed Motion for Leave to File a Second Amended Complaint. Plaintiffs must file their amended pleading on or before October 5, 2012. Pursuant to the stipulation of the parties, the Defendants are granted until November 2, 2012, to file their Answers. Signed by Magistrate Carolyn S Ostby on

Oct. 3, 2012
42

MOTION to Certify Class Kyle A. Gray appearing for Plaintiff Susan Fish Motions referred to Carolyn S Ostby. (Gray, Kyle) (Entered: 10/11/2012)

Oct. 11, 2012
43

Brief/Memorandum in Support re 42 MOTION to Certify Class filed by Susan Fish. (Gray, Kyle) (Entered: 10/11/2012)

Oct. 11, 2012
44

NOTICE of Appearance by W. Anderson Forsythe on behalf of All Defendants (Forsythe, W.) (Entered: 10/12/2012)

Oct. 12, 2012
45

NOTICE of Appearance by Ross W. McLinden on behalf of All Defendants (McLinden, Ross) (Entered: 10/12/2012)

Oct. 12, 2012
46

Unopposed MOTION to Stay re 42 MOTION to Certify Class to Stay Pls' Motion for Class Certification Ross W. McLinden appearing for Defendants Jo Acton, Charlotte Dolezal, Mike Ferriter, Mark Hartman, Sue Orand, Robert Paul, Annamae Siegfried−Derrick Motions referred to Carolyn S Ostby. (Attachments: # 1 Text of Proposed Order) (McLinden, Ross) (Entered: 10/19/2012)

Oct. 19, 2012
47

ORDER STAYING BRIEFING ON PLAINTIFFS' 42 MOTION FOR CLASS CERTIFICATION. Further briefing on Plaintiffs' Motion for Class Certification is hereby stayed pending resolution of a Motion to Dismiss. Defendants must file their motion to dismiss and brief in support thereof by November 2, 2012. Signed by Magistrate Carolyn S Ostby on 10/23/2012. (TAG, ) (Entered: 10/23/2012)

Oct. 23, 2012
48

MOTION to Dismiss For Failure to Exhaust Administrative Remedies Ross W. McLinden appearing for Defendants Jo Acton, Charlotte Dolezal, Mike Ferriter, Mark Hartman, Sue Orand, Robert Paul, Annamae Siegfried−Derrick Motions referred to Carolyn S Ostby. (McLinden, Ross) (Entered: 11/02/2012)

Nov. 2, 2012
49

Brief/Memorandum in Support re 48 MOTION to Dismiss For Failure to Exhaust Administrative Remedies filed by Jo Acton, Charlotte Dolezal, Mike Ferriter, Mark Hartman, Sue Orand, Robert Paul, Annamae Siegfried−Derrick. (Attachments: # 1 Exhibit 1−Affidavit of Janee Ward, # 2 Exhibit 2−Affidavit of Charlotte Dolezal) (McLinden, Ross) (Entered: 11/02/2012)

Nov. 2, 2012
50

Unopposed MOTION for Extension of Time to File Response/Reply as to 48 MOTION to Dismiss For Failure to Exhaust Administrative Remedies Kyle A. Gray appearing for Plaintiffs Susan Fish, Nicole Lance, Nicole Moore, Tasha Rainey, Angela Roman Nose, Raylonda Wagner, Terri Wetzel Motions referred to Carolyn S Ostby. (Attachments: # 1 Text of Proposed Order) (Gray, Kyle) (Entered: 11/13/2012)

Nov. 13, 2012
51

ORDER granting 50 Motion for Extension of Time to File Response/Reply re 48 MOTION to Dismiss For Failure to Exhaust Administrative Remedies . Responses due by 11/30/2012. Signed by Magistrate Carolyn S Ostby on 11/14/2012. (TAG, ) (Entered: 11/14/2012)

Nov. 14, 2012
52

RESPONSE to Motion re 48 MOTION to Dismiss For Failure to Exhaust Administrative Remedies filed by Susan Fish, Nicole Lance, Nicole Moore, Tasha Rainey, Angela Roman Nose, Raylonda Wagner, Terri Wetzel. (Attachments: # 1 Exhibit Miller Declaration) (Gray, Kyle) (Entered: 11/30/2012)

Nov. 30, 2012
53

Unopposed MOTION for Extension of Time to File Response/Reply as to 48 MOTION to Dismiss For Failure to Exhaust Administrative Remedies Ross W. McLinden appearing for Defendants Jo Acton, Charlotte Dolezal, Mike Ferriter, Mark Hartman, Sue Orand, Robert Paul, Annamae Siegfried−Derrick Motions referred to Carolyn S Ostby. (Attachments: # 1 Text of Proposed Order) (McLinden, Ross) (Entered: 12/12/2012)

Dec. 12, 2012
54

ORDER granting 53 Motion for Extension of Time to File Reply. Replies due by 1/7/2013. Signed by Magistrate Carolyn S Ostby on 12/13/2012. (TAG, ) (Entered: 12/13/2012)

Dec. 13, 2012
56

ORDER. With the exception noted in Order, the Court approves the parties' Stipulated Joint Discovery Plan and Scheduling Order 55 −1, and it is substituted for the 29 Scheduling Order dated June 29, 2012. Signed by Magistrate Carolyn S Ostby on 12/20/2012. (TAG, ) (Entered: 12/20/2012)

Dec. 20, 2012
57

REPLY to Response to Motion re 48 MOTION to Dismiss For Failure to Exhaust Administrative Remedies filed by Jo Acton, Charlotte Dolezal, Mike Ferriter, Mark Hartman, Sue Orand, Robert Paul, Annamae Siegfried−Derrick. (Attachments: # 1 Affidavit Affidavit of Charlotte Dolezal) (McLinden, Ross) (Entered: 01/07/2013)

Jan. 7, 2013
58

Joint MOTION for Settlement Conference Kyle A. Gray appearing for Plaintiffs Susan Fish, Nicole Lance, Nicole Moore, Tasha Rainey, Angela Roman Nose, Raylonda Wagner, Terri Wetzel Motions referred to Carolyn S Ostby. (Gray, Kyle) (Entered: 01/17/2013)

Jan. 17, 2013
59

ORDER REFERRING CASE to Magistrate Keith Strong. Case is referred to United States Magistrate Judge Keith Strong for the purpose of conducting a settlement conference. Signed by Magistrate Carolyn S Ostby on 1/22/2013. RKS chambers separately notified. (TAG, ) (Entered: 01/22/2013)

Jan. 22, 2013
60

Order Setting: Telephonic Scheduling Conference set for 1/23/2013 at 02:00 PM before Magistrate Keith Strong. Signed by Magistrate Keith Strong on 1/23/2013. (SLL, ) (Entered: 01/23/2013)

Jan. 23, 2013
61

Minute Entry for proceedings held before Magistrate Keith Strong: Telephonic Scheduling Conference held on 1/23/2013. (SLL, ) (Entered: 01/23/2013)

Jan. 23, 2013
62

Unopposed MOTION for Leave to File Surreply Brief Kyle A. Gray appearing for Plaintiffs Susan Fish, Nicole Lance, Nicole Moore, Tasha Rainey, Angela Roman Nose, Raylonda Wagner, Terri Wetzel Motions referred to Carolyn S Ostby. (Attachments: # 1 Exhibit Surreply Brief, # 2 Text of Proposed Order) (Gray, Kyle) (Entered: 01/23/2013)

Jan. 23, 2013
63

ORDER: Settlement statements due on or before February 13, 2013. Signed by Magistrate Keith Strong on 1/23/2013. (SLL, ) (Entered: 01/23/2013)

Jan. 23, 2013
64

ORDER GRANTING 62 PLAINTIFFS' UNOPPOSED MOTION FOR LEAVE TO FILE SURREPLY BRIEF. Defendants may file a corresponding response to Plaintiffs surreply by February 1, 2013. Signed by Magistrate Carolyn S Ostby on 1/24/2013. (TAG, ) (Entered: 01/24/2013)

Jan. 24, 2013
65

SURREPLY re 48 MOTION to Dismiss For Failure to Exhaust Administrative Remedies filed by Susan Fish, Nicole Lance, Nicole Moore, Tasha Rainey, Angela Roman Nose, Raylonda Wagner, Terri Wetzel. Docketed in accordance with 64 . (TAG, ) (Entered: 01/24/2013)

Jan. 24, 2013
66

RESPONSE to Motion re 48 MOTION to Dismiss For Failure to Exhaust Administrative Remedies Response to Plaintiffs' Surreply filed by Jo Acton, Charlotte Dolezal, Mike Ferriter, Mark Hartman, Sue Orand, Robert Paul, Annamae Siegfried−Derrick. (Attachments: # 1 Exhibit A Coles v. Cate) (McLinden, Ross) (Entered: 01/31/2013)

Jan. 31, 2013
67

Joint MOTION For A Status Conference Anna C. Conley appearing for Plaintiffs Susan Fish, Nicole Lance, Nicole Moore, Tasha Rainey, Angela Roman Nose, Raylonda Wagner, Terri Wetzel Motions referred to Carolyn S Ostby. (Conley, Anna) (Entered: 04/25/2013)

April 25, 2013
68

Order Setting: Telephonic Status Conference set for 4/29/2013 at 04:00 PM before Magistrate Keith Strong. Signed by Magistrate Keith Strong on 4/26/2013. (SLL, ) (Entered: 04/26/2013)

April 26, 2013
70

Order Setting: Settlement statements due by 5/31/2013. Telephonic Status Conference set for 6/6/2013 at 02:00 PM before Magistrate Keith Strong. Signed by Magistrate Keith Strong on 5/1/2013. (SLL, ) (Entered: 05/01/2013)

May 1, 2013
71

ORDER REASSIGNING CASE. Case reassigned to Judge Sam E Haddon as presiding judge and Magistrate Carolyn S. Ostby for all further proceedings. Judge Richard F. Cebull no longer assigned to case. Signed by Judge Dana L. Christensen on 5/7/2013. (POC, ) (Entered: 05/07/2013)

May 7, 2013
72

Joint MOTION to Stay Scheduling Order Ross W. McLinden appearing for Defendants Jo Acton, Charlotte Dolezal, Mike Ferriter, Mark Hartman, Sue Orand, Robert Paul, Annamae Siegfried−Derrick Motions referred to Carolyn S Ostby. (Attachments: # 1 Text of Proposed Order) (McLinden, Ross) (Entered: 06/03/2013)

June 3, 2013
73

ORDER VACATING DEADLINES AND SETTING STATUS CONFERENCE. The 72 Joint Motion to Stay is GRANTED. If the case is not earlier resolved, lead counsel for each party must attend a status hearing on Tuesday, August 6, 2013, at 10:00 AM, in the Ella Knowles Courtroom of the James Battin Courthouse in Billings, Montana. Signed by Magistrate Carolyn S Ostby on 6/4/2013. (TAG, ) (Entered: 06/04/2013)

June 4, 2013

Set Hearing. Status hearing set for 8/6/2013 at 10:00 AM in Billings, MT before Magistrate Carolyn S Ostby. (TAG, ) (Entered: 06/04/2013)

June 4, 2013
74

Order Setting: Telephonic status Conference set for 6/12/2013 at 02:00 PM before Magistrate Keith Strong. Signed by Magistrate Keith Strong on 6/11/2013. (SLL, ) (Entered: 06/11/2013)

June 11, 2013
75

Minute Entry for proceedings held before Magistrate Keith Strong: Telephonic Status Conference held on 6/12/2013. (SLL, ) (Entered: 06/12/2013)

June 12, 2013
76

Unopposed MOTION to Vacate and Reschedule Date of Status Conference Kyle A. Gray appearing for Defendants Jo Acton, Charlotte Dolezal, Mike Ferriter, Mark Hartman, Sue Orand, Plaintiffs Susan Fish, Nicole Lance, Nicole Moore Motions referred to Carolyn S Ostby. (Attachments: # 1 Text of Proposed Order) (Gray, Kyle) (Entered: 08/01/2013)

Aug. 1, 2013
77

ORDER granting 76 Joint Motion to Vacate and Reschedule Date of StatusConference. If the case is not earlier resolved, lead counsel for each party mustattend a status hearing at 10:00 A.M. on Monday, October 7, 2013, in the EllaKnowles Courtroom of the James Battin Courthouse in Billings, Montana. Signed by Magistrate Carolyn S Ostby on 8/5/2013. (TAG, ) (Entered: 08/05/2013)

Aug. 5, 2013

Reset Hearings: Status Conference set for 10/7/2013 at 10:00 AM in Billings, MT before Magistrate Carolyn S Ostby. (TAG, ) (Entered: 08/05/2013)

Aug. 5, 2013
78

Order Setting: Settlement Conference set for 9/9/2013 at 10:00 AM in Great Falls, MT before Magistrate Keith Strong. Signed by Magistrate Keith Strong on 8/26/2013. (SLL, ) (Entered: 08/26/2013)

Aug. 26, 2013
79

Minute Entry for proceedings held before Magistrate Keith Strong: Settlement Conference held on 9/09/2013. (SLL, ) (Entered: 09/10/2013)

Sept. 10, 2013
80

ORDER FOR STIPULATION FOR DISMISSAL and PROPOSED ORDER OF DISMISSAL (by Friday, October 11, 2013). Signed by Magistrate Carolyn S Ostby on 9/11/2013. All pending motions ( 42 and 48 ) are MOOT, and all deadlines and settings are VACATED. (ASG, ) (Entered: 09/11/2013)

Sept. 11, 2013
81

Joint MOTION for Extension of Time to File Stipulation for Dismissal Anna C. Conley appearing for Plaintiffs Susan Fish, Nicole Lance, Nicole Moore, Tasha Rainey, Angela Roman Nose, Raylonda Wagner, Terri Wetzel Motions referred to Carolyn S Ostby. (Attachments: # 1 Exhibit Proposed Order) (Conley, Anna) (Entered: 10/04/2013)

Oct. 4, 2013

Set/Reset Deadlines: Dismissal Papers due by 10/25/2013. (TAG, ) (Entered: 10/07/2013)

Oct. 7, 2013
83

STIPULATION of Dismissal by Jo Acton, Charlotte Dolezal, Mike Ferriter, Susan Fish, Mark Hartman, Nicole Lance, Nicole Moore, Sue Orand, Robert Paul, Tasha Rainey, Angela Roman Nose, Annamae Siegfried−Derrick, Raylonda Wagner, Terri Wetzel. (Attachments: # 1 Text of Proposed Order Order Dismissing Case) (Gray, Kyle) (Entered: 10/25/2013)

Oct. 25, 2013

Magistrate Keith Strong no longer assigned to case. (NOB) (Entered: 10/25/2013)

Oct. 25, 2013
84

ORDER DISMISSING CASE. The action is dismissed with prejudice. Signed by Judge Sam E Haddon on 10/28/2013. (TAG, ) (Entered: 10/28/2013)

Oct. 28, 2013

State / Territory: Montana

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Aug. 31, 2011

Closing Date: 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Female prisoners at Montana Women's Prison

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

Montana Department of Corrections, State

Defendant Type(s):

Jurisdiction-wide

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

General:

Classification / placement

Education

Rehabilitation

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

Type of Facility:

Government-run