Case: Cajune v. Lake County

9:09-cv-00164 | U.S. District Court for the District of Montana

Filed Date: Nov. 19, 2009

Closed Date: 2011

Clearinghouse coding complete

Case Summary

On November 19, 2009, the plaintiff, a pregnant inmate, filed a lawsuit in the United States District Court for the District of Montana against Lake County, its sheriff, and the medical doctor and chief officer of its detention facility, under the Eighth and Fourteenth Amendment and Article II, Sections 10 and 22 of the Montana Constitution. The plaintiff, represented by the ACLU Reproductive Freedom Project and the ACLU of Montana, asked the court for declaratory relief, and nominal, compensat…

On November 19, 2009, the plaintiff, a pregnant inmate, filed a lawsuit in the United States District Court for the District of Montana against Lake County, its sheriff, and the medical doctor and chief officer of its detention facility, under the Eighth and Fourteenth Amendment and Article II, Sections 10 and 22 of the Montana Constitution. The plaintiff, represented by the ACLU Reproductive Freedom Project and the ACLU of Montana, asked the court for declaratory relief, and nominal, compensatory and punitive damages.

Specifically, plaintiff claimed that the defendants unconstitutionally denied necessary medical care while she was jailed in the county detention facility. While undergoing a long-term drug addiction treatment program, the plaintiff was incarcerated in the detention facility, where she claims she was denied her prescribed medication. The complaint alleges that the plaintiff became extremely ill as a result of withdrawal from the medication and that she was eventually released from the detention facility due to medical complications.

On March 3, 2011, the plaintiff voluntarily dismissed the medical doctor from the lawsuit. Subsequently on March 14, 2011, the defendants moved for summary judgment. On April 4, 2011, before the court ruled on the motion, the parties agreed to settle the case, pursuant to which, Lake County adopted a policy for medical care for pregnant inmate addition to opiates. On April 5, 2011, the District Court (Judge Donald W. Molloy) dismissed the case with prejudice, with each party to pay its own costs.

Summary Authors

Christina Bonanni (10/17/2013)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/14274776/parties/cajune-v-lake-county/


Judge(s)

Molloy, Donald W. (Montana)

Attorneys(s) for Plaintiff

Amiri, Brigitte A. (New York)

Camp, Susan Talcott (New York)

Griffing, Betsy (Montana)

Guittari, Jennifer Ann (Montana)

Kasdan, Diana (New York)

Munro, Gregory S (Montana)

Attorneys(s) for Defendant

Cooney, Dee Ann (Montana)

Johnson, C.J. (Montana)

Kalkstein, Gary (Montana)

Judge(s)

Molloy, Donald W. (Montana)

Attorneys(s) for Plaintiff

Amiri, Brigitte A. (New York)

Camp, Susan Talcott (New York)

Griffing, Betsy (Montana)

Guittari, Jennifer Ann (Montana)

Kasdan, Diana (New York)

Munro, Gregory S (Montana)

Attorneys(s) for Defendant

Cooney, Dee Ann (Montana)

Johnson, C.J. (Montana)

Kalkstein, Gary (Montana)

Sehestedt, Michael W (Montana)

Documents in the Clearinghouse

Document

9:09-cv-00164

Docket [PACER]

Cajune v Lake County

April 5, 2011

April 5, 2011

Docket
1

9:09-cv-00164

Complaint [PACER]

Cajune v Lake County

Nov. 19, 2009

Nov. 19, 2009

Complaint
41

9:09-cv-00164

Stipulation of Dismissal and Settlement Agreement

April 4, 2011

April 4, 2011

Settlement Agreement
42

9:09-cv-00164

Order Dismissing With Prejudice

Cajune v Lake County

April 5, 2011

April 5, 2011

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/14274776/cajune-v-lake-county/

Last updated July 29, 2022, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Stephen Irwin, Lake County, Leonard L. Larson, Luke Mathias, filed by Bethany Cajune. (Attachments: # 1 Civil Cover Sheet) (APP, ) (Entered: 11/20/2009)

Nov. 19, 2009

Nov. 19, 2009

Clearinghouse
2

Summons Issued as to Stephen Irwin, Leonard L. Larson, Luke Mathias. (APP, ) (Entered: 11/20/2009)

Nov. 19, 2009

Nov. 19, 2009

PACER
3

MOTION Talcott Camp to Appear Pro Hac Vice ( Filing fee $ 250 receipt number MTX9-2904) by Plaintiff Bethany Cajune. Motions referred to Jeremiah C. Lynch. (Attachments: # 1 Affidavit) (APP, ) (Entered: 11/20/2009)

Nov. 19, 2009

Nov. 19, 2009

PACER
4

MOTION Diana Kasdan to Appear Pro Hac Vice ( Filing fee $ 250 receipt number MTX9-2903) by Plaintiff Bethany Cajune. Motions referred to Jeremiah C. Lynch. (Attachments: # 1 Affidavit) (APP, ) (Entered: 11/20/2009)

Nov. 19, 2009

Nov. 19, 2009

PACER

Filing fee received: $ 350.00, receipt number MTX9-2902 (APP, )

Nov. 19, 2009

Nov. 19, 2009

PACER
5

Electronic Mailing of Consent: Judge Lynch as Presiding Judge. Mailed to counsel Jennifer Ann Giuttari. Consent/Objection to USMJ Form due by 12/23/2009. (APP, ) (Entered: 11/20/2009)

Nov. 20, 2009

Nov. 20, 2009

PACER
6

PRELIMINARY PRETRIAL CONFERENCE ORDERPreliminary Pretrial Statement due by 3/2/2010. Joint Discovery Plan due by 3/2/2010. Pretrial Conference set for 3/9/2010 10:00 AM in Missoula, MT before Jeremiah C. Lynch.. Signed by Jeremiah C. Lynch on 11/20/2009. (TCL, ) (Entered: 11/20/2009)

Nov. 20, 2009

Nov. 20, 2009

PACER
7

ORDER granting 3 Motion to Appear Pro Hac Vice for Attorney Talcott Camp,Diana Kasdan for Bethany Cajune.; granting 4 Motion to Appear Pro Hac Vice for Attorney Talcott Camp,Diana Kasdan for Bethany Cajune. Signed by Jeremiah C. Lynch on 11/20/2009. (APP, ) Copy of order mailed to Camp/Kasdan. (Entered: 11/20/2009)

Nov. 20, 2009

Nov. 20, 2009

PACER
8

NOTICE by Bethany Cajune Acknowledgment of Admission (Kasdan, Diana) (Entered: 12/01/2009)

Dec. 1, 2009

Dec. 1, 2009

PACER
9

NOTICE by Bethany Cajune Camp Acknowledgment of Admission (Camp, Talcott) (Entered: 12/02/2009)

Dec. 2, 2009

Dec. 2, 2009

PACER
10

WAIVER OF SERVICE Returned Executed by Bethany Cajune. Leonard L. Larson waiver sent on 11/23/2009, answer due 1/22/2010. (Giuttari, Jennifer) (Entered: 12/17/2009)

Dec. 17, 2009

Dec. 17, 2009

PACER
11

WAIVER OF SERVICE Returned Executed by Bethany Cajune. Luke Mathias waiver sent on 11/23/2009, answer due 1/22/2010. (Giuttari, Jennifer) (Entered: 12/17/2009)

Dec. 17, 2009

Dec. 17, 2009

PACER
12

NOTICE of Appearance by Gregory S. Munro on behalf of Bethany Cajune (Munro, Gregory) (Entered: 12/23/2009)

Dec. 23, 2009

Dec. 23, 2009

PACER
13

NOTICE of Appearance by Dee Ann Cooney on behalf of Lake County, Leonard L. Larson, Luke Mathias (Cooney, Dee Ann) (Entered: 12/30/2009)

Dec. 30, 2009

Dec. 30, 2009

PACER
14

ANSWER to 1 Complaint with Jury Demand by Lake County, Leonard L. Larson, Luke Mathias. (Cooney, Dee Ann) (Entered: 12/30/2009)

Dec. 30, 2009

Dec. 30, 2009

PACER
15

Electronic Mailing of Consent: Judge Lynch as Presiding Judge. Mailed to counsel Dee Ann Cooney. Consent/Objection to USMJ Form due by 2/7/2010. (APP, ) (Entered: 01/05/2010)

Jan. 5, 2010

Jan. 5, 2010

PACER
16

NOTICE of Appearance by Michael W. Sehestedt on behalf of Lake County, Leonard L. Larson, Luke Mathias (Sehestedt, Michael) (Entered: 01/08/2010)

Jan. 8, 2010

Jan. 8, 2010

PACER
17

WAIVER OF SERVICE Returned Executed by Bethany Cajune. Stephen Irwin waiver sent on 11/23/2009, answer due 1/22/2010. (Giuttari, Jennifer) (Entered: 01/12/2010)

Jan. 12, 2010

Jan. 12, 2010

PACER
18

ORDER REASSIGNING the case to Judge Molloy, REFERRING the case to Judge Lynch. Signed by Judge Donald W. Molloy on 1/15/2010. (APP, ) (Entered: 01/20/2010)

Jan. 15, 2010

Jan. 15, 2010

PACER
19

ANSWER to 1 Complaint with Jury Demand by Stephen Irwin. (Johnson, C.) (Entered: 01/26/2010)

Jan. 26, 2010

Jan. 26, 2010

PACER
20

MOTION for Leave to Appear Telephonically or By Video Conference Diana Kasdan appearing for Plaintiff Bethany Cajune Motions referred to Jeremiah C. Lynch. (Kasdan, Diana) (Entered: 02/11/2010)

Feb. 11, 2010

Feb. 11, 2010

PACER
21

ORDER granting 20 Motion for Leave to Appear telephonic. Signed by Jeremiah C. Lynch on 2/11/2010. (TXB, ) (Entered: 02/11/2010)

Feb. 11, 2010

Feb. 11, 2010

PACER
22

Joint Discovery Plan Diana Kasdan appearing for Plaintiff Bethany Cajune. Motions referred to Jeremiah C. Lynch. (Kasdan, Diana) Modified on 3/1/2010 to change wording in entry to reflect the correct event (APP, ). (Entered: 02/26/2010)

Feb. 26, 2010

Feb. 26, 2010

PACER

Notice of Incorrect Docket Event re 22 Joint MOTION for Discovery Plan. Incorrect event used: Joint Motion for Discovery. Correct event to use: Joint Discovery Plan. YOU DO NOT NEED TO REFILE. This notice is for your information for future filings. THIS IS A TEXT ONLY ENTRY. A PDF DOCUMENT IS NOT ATTACHED TO THIS ENTRY. Motion terminated: 22 Joint MOTION for Discovery Plan filed by Bethany Cajune. (APP, )

March 1, 2010

March 1, 2010

PACER
23

PRELIMINARY PRETRIAL STATEMENT by Bethany Cajune. (Kasdan, Diana) (Entered: 03/01/2010)

March 1, 2010

March 1, 2010

PACER
24

PRELIMINARY PRETRIAL STATEMENT by Stephen Irwin. (Johnson, C.) (Entered: 03/02/2010)

March 2, 2010

March 2, 2010

PACER
25

PRELIMINARY PRETRIAL STATEMENT by Lake County, Leonard L. Larson, Luke Mathias. (Cooney, Dee Ann) (Entered: 03/02/2010)

March 2, 2010

March 2, 2010

PACER
26

SCHEDULING ORDER: Final Pretrial Conference set for 7/7/2011 01:30 PM in Missoula, MT before Judge Donald W. Molloy. Jury Trial set for 7/18/2011 08:30 AM in Missoula, MT before Judge Donald W. Molloy. Amended Pleadings due by 5/31/2010. Discovery due by 3/4/2011. Motions due by 4/4/2011. Proposed Pretrial Order due by 6/30/2011. Signed by Jeremiah C. Lynch on 3/9/2010. (TCL, ) (Entered: 03/09/2010)

March 9, 2010

March 9, 2010

PACER
27

Minute Entry for proceedings held before Jeremiah C. Lynch: Initial Pretrial Conference held on 3/9/2010. (TCL, ) (Entered: 03/10/2010)

March 10, 2010

March 10, 2010

PACER
28

MOTION Brigitte Amiri to Appear Pro Hac Vice ( Filing fee $ 250 receipt number 40914.) Jennifer Ann Giuttari appearing for Plaintiff Bethany Cajune Motions referred to Jeremiah C. Lynch. (Attachments: # 1 Affidavit In Support of Pro Hac Vice Motion) (Giuttari, Jennifer) (Entered: 06/02/2010)

June 2, 2010

June 2, 2010

PACER
29

ORDER granting 28 Motion to Appear Pro Hac Vice regarding Brigitte Amiri. Signed by Jeremiah C. Lynch on 6/3/2010. (APP, ) Copy of order mailed to Amiri this date. (Entered: 06/03/2010)

June 3, 2010

June 3, 2010

PACER
30

NOTICE of Acknowledgment of Pro Hac Vice Order by Bethany Cajune re 29 Order on Motion to Appear Pro Hac Vice (Amiri, Brigitte) (Entered: 06/08/2010)

June 8, 2010

June 8, 2010

PACER
31

MOTION for Protective Order STIPULATED C. J. Johnson appearing for Defendant Stephen Irwin Motions referred to Jeremiah C. Lynch. (Attachments: # 1 Text of Proposed Order Exhibit A) (Johnson, C.) (Entered: 10/22/2010)

Oct. 22, 2010

Oct. 22, 2010

PACER
32

PROTECTIVE ORDER granting 31 Motion for Protective Order. Signed by Jeremiah C. Lynch on 10/22/2010. (TCL, ) (Entered: 10/22/2010)

Oct. 22, 2010

Oct. 22, 2010

PACER
33

NOTICE by Stephen Irwin Law Firm Name Change (Johnson, C.) (Entered: 01/26/2011)

Jan. 26, 2011

Jan. 26, 2011

PACER
34

STIPULATION of Dismissal of Defendant Irwin by Bethany Cajune. (Giuttari, Jennifer) (Entered: 03/03/2011)

March 3, 2011

March 3, 2011

PACER
35

MOTION for Summary Judgment Dee Ann Cooney appearing for Defendants Lake County, Leonard L. Larson, Luke Mathias Motions referred to Jeremiah C. Lynch. (Cooney, Dee Ann) (Entered: 03/14/2011)

March 14, 2011

March 14, 2011

PACER
36

Brief/Memorandum in Support re 35 MOTION for Summary Judgment filed by Lake County, Leonard L. Larson, Luke Mathias. (Attachments: # 1 Exhibit Artz Depo Excerpts, # 2 Exhibit Bliese Depo Excerpts, # 3 Exhibit Cairns Depo Excerpts, # 4 Exhibit Cajune Depo Excerpts, # 5 Exhibit Erickson Depo Excerpts, # 6 Exhibit Gochis Depo Excerpts, # 7 Exhibit Hart Depo Excerpts, # 8 Exhibit Heckel Depo Excerpts, # 9 Exhibit Irwin Depo Excerpts, # 10 Exhibit Jacobs Depo Excerpts, # 11 Exhibit Larson Depo Excerpts, # 12 Exhibit Mathias, J.B., Depo Excerpts, # 13 Exhibit Mathias, Luc, Depo Excerpts, # 14 Exhibit Maughan Depo Excerpts, # 15 Exhibit Ramesar Depo Excerpts, # 16 Exhibit Rantz Depo Excerpts, # 17 Exhibit River Depo Excerpts, # 18 Exhibit Trogden Depo Excerpts, # 19 Exhibit VanMeter Depo Excerpts, # 20 Exhibit Wallace Depo Excerpts, # 21 Exhibit Williams Depo Excerpts, # 22 Exhibit Depo Exhibit 5, # 23 Exhibit Depo Exhibit 8, # 24 Exhibit Depo Exhibit 9, # 25 Exhibit Depo Exhibit 11, # 26 Exhibit Depo Exhibit 13, # 27 Exhibit Depo Exhibit 14, # 28 Exhibit Depo Exhibit 15, # 29 Exhibit Depo Exhibit 19, # 30 Exhibit Depo Exhibit 20, # 31 Exhibit Depo Exhibit 21, # 32 Exhibit Depo Exhibit 22, # 33 Exhibit Depo Exhibit 23, # 34 Exhibit Depo Exhibit 24, # 35 Exhibit Depo Exhibit 25, # 36 Exhibit Depo Exhibit 28, # 37 Exhibit Depo Exhibit 29, # 38 Exhibit Depo Exhibit 32, # 39 Exhibit Depo Exhibit 33, # 40 Exhibit Depo Exhibit 34, # 41 Exhibit Depo Exhibit 36 Excerpt, # 42 Exhibit Depo Exhibit 38, # 43 Exhibit Depo Exhibit 47, # 44 Exhibit Lake Co. Discovery Response, # 45 Exhibit Sanders Co. Records, # 46 Exhibit Tribal Behavioral Health Records, # 47 Exhibit Stipulated Facts from Order) (Cooney, Dee Ann) (Entered: 03/14/2011)

March 14, 2011

March 14, 2011

PACER
37

Statement of Undisputed Fact re: 36 Brief/Memorandum in Support. (Cooney, Dee Ann) Modified on 3/17/2011 to create relationship to 35 Motion(APP, ). (Entered: 03/14/2011)

March 14, 2011

March 14, 2011

PACER
38

MOTION in Limine Jennifer Ann Giuttari appearing for Plaintiff Bethany Cajune Motions referred to Jeremiah C. Lynch. (Giuttari, Jennifer) (Entered: 03/22/2011)

March 22, 2011

March 22, 2011

PACER
39

Brief/Memorandum in Support re 38 MOTION in Limine filed by Bethany Cajune. (Attachments: # 1 Exhibit Artz Deposition Excerpt, # 2 Exhibit Bliese Deposition Excerpt, # 3 Exhibit Erickson Deposition Excerpt, # 4 Exhibit Heckel Deposition Excerpt, # 5 Exhibit Jacobs Deposition Excerpt, # 6 Exhibit Mathais Deposition Excerpt, # 7 Exhibit Maughan Deposition Excerpt, # 8 Exhibit Ramesar Deposition Excerpt, # 9 Exhibit Trogden Deposition Excerpt, # 10 Exhibit VanMeter Deposition Excerpt, # 11 Exhibit Wallace Deposition Excerpt, # 12 Exhibit Trusler Deposition Excerpt, # 13 Exhibit Deposition Exhibit 10, # 14 Exhibit Deposition Exhibit 13, # 15 Exhibit Deposition Exhibit 22, # 16 Exhibit Deposition Exhibit 23, # 17 Exhibit Deposition Exhibit 26) (Giuttari, Jennifer) (Entered: 03/22/2011)

March 22, 2011

March 22, 2011

PACER
40

Order Vacating jury trial set for 7/18/2011, and Order Setting: Dismissal Papers due by 4/29/2011. Signed by Judge Donald W. Molloy on 3/30/2011. (dle) (Entered: 03/30/2011)

March 30, 2011

March 30, 2011

PACER
41

STIPULATION of Dismissal by Bethany Cajune. (Kasdan, Diana) (Entered: 04/04/2011)

April 4, 2011

April 4, 2011

Clearinghouse
42

ORDER DISMISSING CASE WITH PREJUDICE. Signed by Judge Donald W. Molloy on 4/5/2011. (dle) (Entered: 04/05/2011)

April 5, 2011

April 5, 2011

PACER

Case Details

State / Territory: Montana

Case Type(s):

Jail Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Nov. 19, 2009

Closing Date: 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Pregnant inmate addicted to opiates.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Lake County (Polson, Lake), State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Equal Protection

Due Process

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Voluntary Dismissal

Amount Defendant Pays: 0

Issues

General:

Conditions of confinement

Affected Gender:

Female

Medical/Mental Health:

Medication, administration of

Type of Facility:

Government-run