Case: Disability Rights Montana v. Opper

2:14-cv-00025 | U.S. District Court for the District of Montana

Filed Date: March 31, 2014

Closed Date: March 31, 2016

Clearinghouse coding complete

Case Summary

On March 31, 2014, Disability Rights Montana (DRM), a not-for-profit advocating for individuals with serious mental illness incarcerated at the Montana State Prison, filed this lawsuit in the United States District Court for the District of Montana. The plaintiff sued under 42 U.S.C. § 1983, alleging violations of mentally ill prisoners' Eighth Amendment rights to be free from cruel and unusual punishment. The plaintiff also brought claims under the Americans with Disabilities Act and the Rehab…

On March 31, 2014, Disability Rights Montana (DRM), a not-for-profit advocating for individuals with serious mental illness incarcerated at the Montana State Prison, filed this lawsuit in the United States District Court for the District of Montana. The plaintiff sued under 42 U.S.C. § 1983, alleging violations of mentally ill prisoners' Eighth Amendment rights to be free from cruel and unusual punishment. The plaintiff also brought claims under the Americans with Disabilities Act and the Rehabilitation Act. The plaintiff brought this lawsuit against the officials running various Montana governmental entities, including the Montana Department of Public Health and Human Services (DPHHS), the Montana State Hospital, and the Montana Department of Corrections (DOC). The plaintiff was represented by the ACLU of Montana and private attorneys, and asked the court for declaratory and injunctive relief.

The complaint alleged that the Montana State Prison violated the Eighth Amendment rights of prisoners with serious mental illness by, among other things, withholding medication, misdiagnosing prisoners with a long history of mental illness, and punishing prisoners for behavior caused by their mental illness. The complaint further alleged that prisoners with mental illness were routinely subjected to years of solitary confinement or so-called "behavior modification plans" that deprived them of clothing, working toilets, and proper food, all of which needlessly magnified the harms these prisoners suffered.

With regard to a subset of prisoners—individuals who had been sentenced as "guilty but mentally ill" (GBMI)—the plaintiff also alleged violations of their due process rights under the Fifth and Fourteenth Amendments. Specifically, the plaintiff alleged that these individuals sentenced as GBMI were being transferred to the Montana State Prison, either because the Hospital wanted to open up bed space, or because it wanted to avoid treating prisoners who were disliked by staff. The plaintiff claimed these transfers would occur without giving patients any real opportunity to challenge them.

On July 24, 2014, United States District Judge Sam E. Haddon dismissed parts of the case against the defendant officers who represented the DPHHS and the Montana State Hospital. The court found that the complaint did not contain any allegations of conduct that could be traced to those defendants because neither had been working there at the time these underlying events occurred. The court also found that the allegations related to the GBMI transfers failed to provide the necessary specificity mandated by pleading standards.

Following a status conference, DRM was ordered to file the action as a separate case with a separate case number. The second case is available on the Clearinghouse as Disability Rights Montana v. Batista.

The plaintiff responded by filing two rounds of amended complaints, which named new individual officers as representatives of the defendants. The Montana DPHHS and Montana State Hospital defendants moved to dismiss the second amended complaint for failure to state a claim but the district court summarily denied it on September 3, 2015.

However, on March 31, 2016, the parties stipulated to a dismissal without prejudice with regard to the DPHHS and the Montana State Hospital defendants. As such, the case is closed.

Summary Authors

Kat Brausch (2/16/2016)

Chris Pollack (4/17/2019)

Cedar Hobbs (10/6/2019)

Gabrielle Simeck (2/26/2021)

Related Cases

Disability Rights Montana v. Batista, District of Montana (2015)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4302780/parties/disability-rights-montana-v-opper/


Judge(s)

Haddon, Sam E. (Montana)

Attorneys(s) for Plaintiff

Boggs, Tammy H. (California)

Conley, Anna (Montana)

Ellingson, Jon (Montana)

Gray, Kyle A. (Montana)

Lee, Matthew D. (Wisconsin)

Miller, Adrian Ann (Montana)

Simmons, Jeffrey A. (Wisconsin)

Taylor, James Park (Montana)

Attorneys(s) for Defendant

Ambrose, Colleen E (Montana)

Judge(s)

Haddon, Sam E. (Montana)

Attorneys(s) for Plaintiff

Boggs, Tammy H. (California)

Conley, Anna (Montana)

Ellingson, Jon (Montana)

Gray, Kyle A. (Montana)

Lee, Matthew D. (Wisconsin)

Miller, Adrian Ann (Montana)

Simmons, Jeffrey A. (Wisconsin)

Taylor, James Park (Montana)

Attorneys(s) for Defendant

Ambrose, Colleen E (Montana)

Clinch, Francis X. (Montana)

Crowley, William L. (Montana)

Kauffman, Michael A. (New Mexico)

Kohman, Paulette L. (Washington)

Leonard, Thomas J (Montana)

Rogers, Mary Cile Glover (Montana)

Documents in the Clearinghouse

Document

2:14-cv-00025

Docket [PACER]

Disability Rights Montana, Inc. v. Opper

March 31, 2016

March 31, 2016

Docket
1

2:14-cv-00025

Complaint

March 28, 2014

March 28, 2014

Complaint
33

2:14-cv-00025

Memorandum and Order

Disability Rights Montana, Inc. v. Opper

July 24, 2014

July 24, 2014

Order/Opinion
42

2:14-cv-00025

Amended Complaint

Disability Rights Montana, Inc. v. Opper

Oct. 31, 2014

Oct. 31, 2014

Complaint
66

2:14-cv-00025

Second Amended Complaint Against Defendants Mike Batista and Leroy Kirkegard

Disability Rights Montana, Inc. v. Opper

May 8, 2015

May 8, 2015

Complaint
67

2:14-cv-00025

Second Amended Complaint as to Defendants Opper and Glueckert

Disability Rights Montana, Inc. v. Opper

May 8, 2015

May 8, 2015

Complaint
89-1

2:15-cv-00022

15-35770

Opinion

Disability Rights Montana v. Batista

U. S. Court of Appeals for the Ninth Circuit

930 F.3d 1090

July 19, 2019

July 19, 2019

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4302780/disability-rights-montana-v-opper/

Last updated Aug. 8, 2022, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Disability Rights Montana, filed by Disability Rights Montana. (Attachments: # 1 Civil Cover Sheet) (ELL, ) (Entered: 03/31/2014)

1 Civil Cover Sheet

View on PACER

March 31, 2014

March 31, 2014

RECAP
2

Summons Issued as to Mike Batista, Jill Buck, Peter Edwards, John Glueckert, Leroy Kirkegaard, Richard Opper, Cathy Redfern. (Originals mailed to cnsl for service) (ELL, ) (Entered: 03/31/2014)

March 31, 2014

March 31, 2014

PACER
3

Corporate Disclosure Statement by Disability Rights Montana. (Gray, Kyle) (Entered: 03/31/2014)

March 31, 2014

March 31, 2014

PACER

Filing fee: $ 400.00, receipt number 0977-1383631 (ELL, )

March 31, 2014

March 31, 2014

PACER
4

WAIVER OF SERVICE Returned Executed by Disability Rights Montana. Richard Opper waiver sent on 4/2/2014, answer due 6/2/2014. (Gray, Kyle) (Entered: 04/29/2014)

April 29, 2014

April 29, 2014

PACER
5

WAIVER OF SERVICE Returned Executed by Disability Rights Montana. John Glueckert waiver sent on 4/2/2014, answer due 6/2/2014. (Gray, Kyle) (Entered: 04/29/2014)

April 29, 2014

April 29, 2014

PACER
6

WAIVER OF SERVICE Returned Executed by Disability Rights Montana. Leroy Kirkegaard waiver sent on 4/2/2014, answer due 6/2/2014. (Gray, Kyle) (Entered: 05/06/2014)

May 6, 2014

May 6, 2014

PACER
7

WAIVER OF SERVICE Returned Executed by Disability Rights Montana. Jill Buck waiver sent on 4/2/2014, answer due 6/2/2014. (Gray, Kyle) (Entered: 05/06/2014)

May 6, 2014

May 6, 2014

PACER
8

WAIVER OF SERVICE Returned Executed by Disability Rights Montana. Peter Edwards waiver sent on 4/2/2014, answer due 6/2/2014. (Gray, Kyle) (Entered: 05/06/2014)

May 6, 2014

May 6, 2014

PACER
9

WAIVER OF SERVICE Returned Executed by Disability Rights Montana. Cathy Redfern waiver sent on 4/2/2014, answer due 6/2/2014. (Gray, Kyle) (Entered: 05/06/2014)

May 6, 2014

May 6, 2014

PACER
10

WAIVER OF SERVICE Returned Executed by Disability Rights Montana. Mike Batista waiver sent on 4/2/2014, answer due 6/2/2014. (Gray, Kyle) (Entered: 05/06/2014)

May 6, 2014

May 6, 2014

PACER
11

Unopposed MOTION Jeffrey A. Simmons to Appear Pro Hac Vice ( Filing fee $ 250 receipt number MTX900007224.) Anna C. Conley appearing for Plaintiff Disability Rights Montana (Attachments: # 1 Exhibit Affidavit of Jeffrey A. Simmons, # 2 Exhibit Proposed Order) (Conley, Anna) (Entered: 05/20/2014)

1 Exhibit Affidavit of Jeffrey A. Simmons

View on PACER

2 Exhibit Proposed Order

View on PACER

May 20, 2014

May 20, 2014

PACER
12

Unopposed MOTION Tammy H. Boggs to Appear Pro Hac Vice ( Filing fee $ 250 receipt number MTX900007224.) Anna C. Conley appearing for Plaintiff Disability Rights Montana (Attachments: # 1 Exhibit Affidavit of Tammy H. Boggs, # 2 Exhibit Proposed Order) (Conley, Anna) (Entered: 05/20/2014)

1 Exhibit Affidavit of Tammy H. Boggs

View on PACER

2 Exhibit Proposed Order

View on PACER

May 20, 2014

May 20, 2014

PACER
13

ORDER granting 11 Motion to Appear Pro Hac Vice for atty Jeffrey A. Simmons. Signed by Judge Sam E Haddon on 5/21/2014. (ELL, ) (Entered: 05/21/2014)

May 21, 2014

May 21, 2014

PACER
14

ORDER granting 12 Motion to Appear Pro Hac Vice for atty Tammy H. Boggs. Signed by Judge Sam E Haddon on 5/21/2014. (ELL, ) (Entered: 05/21/2014)

May 21, 2014

May 21, 2014

PACER
15

Letter to atty Boggs re ECF Registration (Attachments: # 1 Letter to atty Simmons re ECF Registration) (ELL, ) (Entered: 05/21/2014)

1 Letter to atty Simmons re ECF Registration

View on PACER

May 21, 2014

May 21, 2014

PACER
16

Joint ANSWER to 1 Complaint by Mike Batista, Jill Buck, Peter Edwards, Leroy Kirkegaard, Cathy Redfern. (Crowley, William) (Entered: 06/02/2014)

June 2, 2014

June 2, 2014

PACER
17

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Paulette Kohman appearing for Defendants John Glueckert, Richard Opper (Kohman, Paulette) (Entered: 06/02/2014)

June 2, 2014

June 2, 2014

PACER
18

Brief/Memorandum in Support re 17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by John Glueckert, Richard Opper. (Attachments: # 1 Appendix Appendix I: Fact Excerpts re Opper n Glueckert, # 2 Exhibit Exhibit A: DPHHS Website printout, # 3 Exhibit DPHHS Press Release) (Kohman, Paulette) (Entered: 06/02/2014)

1 Appendix Appendix I: Fact Excerpts re Opper n Glueckert

View on PACER

2 Exhibit Exhibit A: DPHHS Website printout

View on PACER

3 Exhibit DPHHS Press Release

View on PACER

June 2, 2014

June 2, 2014

PACER

Remark: phv counsel T. Boggs is now a registered user and will receive electronic notices in this matter and for the Dist of MT. (DED, )

June 3, 2014

June 3, 2014

PACER
19

NOTICE of Acknowledgment of Pro Hac Vice Order by Disability Rights Montana re 14 Order on Motion to Appear Pro Hac Vice and Acceptance of Admission by Tammy Boggs (Boggs, Tammy) (Entered: 06/04/2014)

June 4, 2014

June 4, 2014

PACER
20

NOTICE of Acknowledgment of Pro Hac Vice Order by Disability Rights Montana (Simmons, Jeffrey) (Entered: 06/05/2014)

June 5, 2014

June 5, 2014

PACER
21

RESPONSE to Motion re 17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Disability Rights Montana. (Simmons, Jeffrey) (Entered: 06/23/2014)

June 23, 2014

June 23, 2014

PACER
22

NOTICE of Appearance by James Park Taylor on behalf of All Plaintiffs (Taylor, James) (Entered: 06/30/2014)

June 30, 2014

June 30, 2014

PACER
23

NOTICE of Change of Address by Anna C. Conley (Conley, Anna) (Entered: 07/01/2014)

July 1, 2014

July 1, 2014

PACER
24

REPLY to Response to Motion re 17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by John Glueckert, Richard Opper. (Kohman, Paulette) (Entered: 07/07/2014)

July 7, 2014

July 7, 2014

PACER
25

NOTICE of Appearance by Jon E. Ellingson on behalf of All Plaintiffs (Ellingson, Jon) (Entered: 07/10/2014)

July 10, 2014

July 10, 2014

PACER
26

MOTION to Strike Defendants Richard Opper And John Glueckerts Argument Regarding Eleventh Amendment Defense, Or Alternatively For Leave To File A Sur-Reply In Response Thereto Jeffrey A. Simmons appearing for Plaintiff Disability Rights Montana (Simmons, Jeffrey) (Entered: 07/15/2014)

July 15, 2014

July 15, 2014

PACER
27

Brief/Memorandum in Support re 26 MOTION to Strike Defendants Richard Opper And John Glueckerts Argument Regarding Eleventh Amendment Defense, Or Alternatively For Leave To File A Sur-Reply In Response Thereto filed by Disability Rights Montana. (Simmons, Jeffrey) (Entered: 07/15/2014)

July 15, 2014

July 15, 2014

PACER
28

ORDER Setting Hearing on Motion 17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM : GENA EALES CONTRACTED TO REPORT, Motion Hearing set for 7/23/2014 at 01:00 PM in Butte, MT before Judge Sam E Haddon. Signed by Judge Sam E Haddon on 7/15/2014. (HEG, ) Modified on 7/17/2014 to add court reporter information (ELL, ). (Entered: 07/15/2014)

July 15, 2014

July 15, 2014

PACER
29

ORDER granting in part and denying in part 26 Motion to Strike. Pla shall have to and incl 7/22/14 in which to file a sur-reply brief directed to the issue of Eleventh Amendment sovereign immunity. Signed by Judge Sam E Haddon on 7/16/2014. (ELL, ) (Entered: 07/16/2014)

July 16, 2014

July 16, 2014

PACER
30

RESPONSE to Motion re 26 MOTION to Strike Defendants Richard Opper And John Glueckerts Argument Regarding Eleventh Amendment Defense, Or Alternatively For Leave To File A Sur-Reply In Response Thereto filed by John Glueckert, Richard Opper. (Kohman, Paulette) (Entered: 07/16/2014)

July 16, 2014

July 16, 2014

PACER
31

REPLY to Response to Motion re 17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Sur-Reply Brief filed by Disability Rights Montana. (Simmons, Jeffrey) (Entered: 07/21/2014)

July 21, 2014

July 21, 2014

PACER
32

MINUTE ENTRYMinute Entry for proceedings held before Judge Sam E Haddon: Motion Hearing held on 7/23/2014 re 17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by John Glueckert, Richard Opper. Present in courtroom are Paulette Kohman for dft Opper and Glueckert. Jeffrey Simmons and James Taylor for Pla Disability Rights Montana. Stmts by Kohman and Simmons. Court will take the matter under advisement. Hearing commenced at 1:00 p.m. and concluded at 2:15 p.m.. (Court Reporter Gena Eales.) (Law Clerk: Bryan Dake), (Hearing held in Butte, Montana) (ELL, ) (Entered: 07/23/2014)

July 23, 2014

July 23, 2014

PACER
33

ORDER. Count I of the Complaint against Defendants Opper and Glueckert is dismissed. Signed by Judge Sam E Haddon on 7/24/2014. (ELL, ) (Entered: 07/24/2014)

July 24, 2014

July 24, 2014

PACER
34

PRELIMINARY PRETRIAL CONFERENCE ORDER. Preliminary Pretrial Statement due by 9/5/2014. Joint Discovery Plan due by 9/5/2014. Pretrial Conference set for 9/16/2014 at 10:00 AM in Helena, MT before Judge Sam E Haddon. Signed by Judge Sam E Haddon on 8/4/2014. (APP, ) (Entered: 08/04/2014)

Aug. 4, 2014

Aug. 4, 2014

PACER
35

STATEMENT OF STIPULATED FACTS by Disability Rights Montana. (Simmons, Jeffrey) (Entered: 09/05/2014)

Sept. 5, 2014

Sept. 5, 2014

PACER
36

JOINT DISCOVERY PLAN by Disability Rights Montana. (Simmons, Jeffrey) (Entered: 09/05/2014)

Sept. 5, 2014

Sept. 5, 2014

PACER
37

PRELIMINARY PRETRIAL STATEMENT by Mike Batista, Jill Buck, Peter Edwards, Leroy Kirkegaard, Cathy Redfern. (Crowley, William) (Entered: 09/05/2014)

Sept. 5, 2014

Sept. 5, 2014

PACER
38

PRELIMINARY PRETRIAL STATEMENT by Disability Rights Montana. (Simmons, Jeffrey) (Entered: 09/05/2014)

Sept. 5, 2014

Sept. 5, 2014

PACER
39

NOTICE of Appearance by Colleen E. Ambrose on behalf of Mike Batista, Jill Buck, Peter Edwards, Leroy Kirkegaard, Cathy Redfern (Ambrose, Colleen) (Entered: 09/09/2014)

Sept. 9, 2014

Sept. 9, 2014

PACER
40

SCHEDULING ORDER: Status Conference by Telephone set for 2/16/2016 at 11:00 AM in Helena, MT before Judge Sam E Haddon. Amended Pleadings due by 10/31/2014. Discovery due by 12/4/2015. Joinder of Parties due by 10/31/2014. Motions due by 1/22/2016. Proposed Pretrial Order due by 4/1/2016. Signed by Judge Sam E Haddon on 9/16/2014. (ELL, ) (Entered: 09/16/2014)

Sept. 16, 2014

Sept. 16, 2014

PACER

MINUTE ENTRYMinute Entry for proceedings held before Judge Sam E Haddon: Initial Pretrial Conference held on 9/16/2014. (LJF, Lisa)

Sept. 16, 2014

Sept. 16, 2014

PACER
41

STIPULATION for Protective Order by Disability Rights Montana. (Simmons, Jeffrey) (Entered: 10/15/2014)

Oct. 15, 2014

Oct. 15, 2014

PACER
42

AMENDED COMPLAINT against Mike Batista, John Glueckert, Leroy Kirkegaard, Richard Opper, filed by Disability Rights Montana. (Simmons, Jeffrey) (Entered: 10/31/2014)

Oct. 31, 2014

Oct. 31, 2014

RECAP
43

Unopposed MOTION for Extension of Time to File Response to First Amended Complaint Paulette Kohman appearing for Defendants John Glueckert, Richard Opper (Attachments: # 1 Text of Proposed Order) (Kohman, Paulette) (Entered: 11/10/2014)

1 Text of Proposed Order

View on PACER

Nov. 10, 2014

Nov. 10, 2014

PACER
44

ORDER granting 43 Motion for Extension of Time to File. Defendants Opper and Glueckert's time to respond to the First Amended Complaint is extended to November 21, 2014. Signed by Judge Sam E Haddon on 11/10/2014. (ASG, ) (Entered: 11/10/2014)

Nov. 10, 2014

Nov. 10, 2014

PACER

Set/Reset Deadlines: John Glueckert answer due 11/21/2014; Richard Opper answer due 11/21/2014. (ASG, )

Nov. 10, 2014

Nov. 10, 2014

PACER
45

Joint ANSWER to 42 Amended Complaint by Mike Batista, Leroy Kirkegaard, Unnamed Defendant No. 1, Unnamed Defendant No. 2. (Crowley, William) (Entered: 11/17/2014)

Nov. 17, 2014

Nov. 17, 2014

PACER
46

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Amended Complaint) Paulette Kohman appearing for Defendants John Glueckert, Richard Opper (Kohman, Paulette) (Entered: 11/21/2014)

Nov. 21, 2014

Nov. 21, 2014

PACER
47

Brief/Memorandum in Support re 46 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Amended Complaint) filed by John Glueckert, Richard Opper. (Kohman, Paulette) (Entered: 11/21/2014)

Nov. 21, 2014

Nov. 21, 2014

PACER
48

Unopposed MOTION for Extension of Time to File Response/Reply as to 46 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Amended Complaint) Anna C. Conley appearing for Plaintiff Disability Rights Montana (Attachments: # 1 Text of Proposed Order) (Conley, Anna) (Entered: 11/25/2014)

1 Text of Proposed Order

View on PACER

Nov. 25, 2014

Nov. 25, 2014

PACER
49

ORDER granting 48 Motion for Extension of Time to File Response/Reply re 46 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Amended Complaint) Responses due by 12/19/2014. Replies due by 1/16/2015. Motions ripe 12/19/2014. All remaining deadlines in the Court's Order of 9/16/2014 remain in effect. Signed by Judge Sam E Haddon on 11/25/2014. (DED, ) (Entered: 11/25/2014)

Nov. 25, 2014

Nov. 25, 2014

PACER
50

RESPONSE to Motion re 46 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Amended Complaint) filed by Disability Rights Montana. (Simmons, Jeffrey) (Entered: 12/19/2014)

Dec. 19, 2014

Dec. 19, 2014

PACER
51

REPLY to Response to Motion re 46 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Amended Complaint) filed by John Glueckert, Richard Opper. (Kohman, Paulette) (Entered: 01/16/2015)

Jan. 16, 2015

Jan. 16, 2015

PACER
52

NOTICE of Withdrawal of Counsel: Tammy H. Boggs withdrawing from the case, filed by Disability Rights Montana (Boggs, Tammy) (Entered: 02/20/2015)

Feb. 20, 2015

Feb. 20, 2015

PACER
53

Order Setting: Gena Eales to report for hearing. Status Conference set for 4/24/2015 at 10:00 AM in Helena, MT before Judge Sam E Haddon. Signed by Judge Sam E Haddon on 4/17/2015. (ELL, ) Modified on 4/20/2015 to update reporter info (DED, ). (Entered: 04/17/2015)

April 17, 2015

April 17, 2015

PACER
54

MOTION for Leave to Appear for Leave to Appear by Telephone Jeffrey A. Simmons appearing for Plaintiff Disability Rights Montana (Simmons, Jeffrey) (Entered: 04/20/2015)

April 20, 2015

April 20, 2015

PACER
55

AFFIDAVIT in Support re 54 MOTION for Leave to Appear for Leave to Appear by Telephone filed by Disability Rights Montana. (Simmons, Jeffrey) (Entered: 04/20/2015)

April 20, 2015

April 20, 2015

PACER
56

ORDER granting 54 Motion for Leave to Appear by Telephone at the 4/24/15 status conf. Signed by Judge Sam E Haddon on 4/20/2015. (ELL, ) (Entered: 04/20/2015)

April 20, 2015

April 20, 2015

PACER
57

MINUTE ENTRY for proceedings held before Judge Sam E Haddon: Status Conference held on 4/24/2015. Present in the Courtroom are Jon Ellingson for Plaintiff, Paulette Kohman and Thomas Leonard for Defendants. Plaintiff PHV counsel Jeffery Simons present telephonically. Court advises parties of the purpose of todays hearing, summarizing matter to date. The Court orders a different approach to ensure the issues can be addressed. New complaints are to be filed. Complaints are to be separated into as many complaints as necessary to address the issues. Amended pleadings with simultaneous briefs in support are due by Friday, 5/8/15. The parties are to meet and confer by 5/8/15. Court will set a conference call on Monday, 5/11. Nothing further from the parties. Recess. (Court Reporter Gena Eales.) (Law Clerk: C. Sime), (Hearing held in Helena) (HEG, ) (Entered: 04/24/2015)

April 24, 2015

April 24, 2015

PACER
58

ORDER denying 46 Motion to Dismiss First Amended Complaint as to Them without prejudice to renewal as appropriate and directed to the amended pleadings. Signed by Judge Sam E Haddon on 4/24/2015. (NOS, ) (Entered: 04/24/2015)

April 24, 2015

April 24, 2015

PACER
59

Order Setting: Telephonic Status Conference set for 5/11/2015 at 01:00 PM before Judge Sam E Haddon. Signed by Judge Sam E Haddon on 4/24/2015. (NOS, ) (Entered: 04/24/2015)

April 24, 2015

April 24, 2015

PACER
60

TRANSCRIPT DESIGNATION ORDER FORM by Disability Rights Montana for proceedings held on 04/24/2015 before Judge Sam E. Haddon. Court reporter Gena Eales. Transcript due by 4/27/2015. (Simmons, Jeffrey) (Entered: 04/24/2015)

April 24, 2015

April 24, 2015

PACER
61

TRANSCRIPT of Status Conference re 57 Status Conference, held on 4/24/2015, before Judge Haddon per 60 Transcript Designation Order Form. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER, the Clerks Office or the court reporter NOTICE: A NOTICE OF INTENT TO REQUEST REDACTION MUST BE FILED WITHIN 14 DAYS OF THIS FILING. Contact Court Reporter Gena Eales, 406-381-1645. Transcript Redaction Procedures . Redaction Request due 5/18/2015. Redacted Transcript Deadline set for 5/28/2015. Release of Transcript Restriction set for 7/27/2015. (DED, ) (Entered: 04/27/2015)

April 27, 2015

April 27, 2015

PACER

Set/Reset Hearings: Status Conference set for 5/11/2015 at 01:00 PM in Helena, MT before Judge Sam E Haddon. (ELL, ) Modified on 5/5/2015 to update reporter info (DED, ). Modified on 5/6/2015 to remove reporter info as this is a telephone status conference and reporter not required (DED, ).

May 4, 2015

May 4, 2015

PACER
62

NOTICE by Mike Batista, Leroy Kirkegaard, Unnamed Defendant No. 1, Unnamed Defendant No. 2 re 59 Order Setting Telephonic Status Conference (Leonard, Thomas) (Entered: 05/06/2015)

May 6, 2015

May 6, 2015

PACER
63

NOTICE by John Glueckert, Richard Opper of Phone numbers for 5-11-2015 status conference (Kohman, Paulette) (Entered: 05/06/2015)

May 6, 2015

May 6, 2015

PACER
64

NOTICE by Disability Rights Montana of Contact Information for Telephonic Status Conference on May 11, 2015 (Simmons, Jeffrey) (Entered: 05/06/2015)

May 6, 2015

May 6, 2015

PACER
65

TRANSCRIPT DESIGNATION ORDER FORM by Mike Batista, Leroy Kirkegaard, Unnamed Defendant No. 1, Unnamed Defendant No. 2 for proceedings held on 04/24/2015 before Judge Hon. Sam E. Haddon. Court reporter Gena Eales. Transcript due by 6/15/2015. (Leonard, Thomas) (Entered: 05/08/2015)

May 8, 2015

May 8, 2015

PACER
66

AMENDED COMPLAINT Second Amended Complaint against Mike Batista, Leroy Kirkegaard, filed by Disability Rights Montana. (Simmons, Jeffrey) (Entered: 05/08/2015)

May 8, 2015

May 8, 2015

RECAP
67

AMENDED COMPLAINT Second Amended Complaint against John Glueckert, Richard Opper, filed by Disability Rights Montana. (Simmons, Jeffrey) (Entered: 05/08/2015)

May 8, 2015

May 8, 2015

RECAP
68

Brief/Memorandum in Support re 66 Amended Complaint, 67 Amended Complaint filed by Disability Rights Montana. (Simmons, Jeffrey) (Entered: 05/08/2015)

May 8, 2015

May 8, 2015

PACER

MINUTE ENTRYMinute Entry for proceedings held before Judge Sam E Haddon: Status Conference held on 5/11/2015. (LJF, Lisa)

May 11, 2015

May 11, 2015

PACER
69

JOINT DISCOVERY PLAN by Disability Rights Montana. (Simmons, Jeffrey) (Entered: 05/19/2015)

May 19, 2015

May 19, 2015

PACER
70

Order Setting: motions to dismiss complaint filed by 6/5/2015, response filed by 7/3/2015, and reply filed by 7/24/15. All remaining deadlines established in Court's Scheduling Order of 9/16/14 are vacated. All other pretrial deadlines will be set by further order of the court. Signed by Judge Sam E Haddon on 5/20/2015. (DED, ) (Entered: 05/20/2015)

May 20, 2015

May 20, 2015

PACER
71

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Paulette Kohman appearing for Defendants John Glueckert, Richard Opper (Kohman, Paulette) Modified on 8/19/2015 b>Martin-Lake Asso to report for hearing on 9/3/15 (DED, ). Modified on 8/26/2015 Martin-Lake to report for hearing (DED, ). (Entered: 06/05/2015)

June 5, 2015

June 5, 2015

PACER
72

Brief/Memorandum in Support re 71 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by John Glueckert, Richard Opper. (Attachments: # 1 Exhibit Exh A DPHHS webpage re Opper, # 2 Exhibit Exh B DPHHS News Release re Glueckert) (Kohman, Paulette) (Entered: 06/05/2015)

1 Exhibit Exh A DPHHS webpage re Opper

View on PACER

2 Exhibit Exh B DPHHS News Release re Glueckert

View on PACER

June 5, 2015

June 5, 2015

RECAP
73

MOTION Mathew D. Lee to Appear Pro Hac Vice ( Filing fee $ 250 receipt number MTX900008509.) Jon E. Ellingson appearing for Plaintiff Disability Rights Montana (Attachments: # 1 Affidavit, # 2 Text of Proposed Order) (Ellingson, Jon) (Entered: 06/24/2015)

1 Affidavit

View on PACER

2 Text of Proposed Order

View on PACER

June 24, 2015

June 24, 2015

PACER
74

ORDER granting 73 Motion to Appear Pro Hac Vice for Attorney Matthew D. Lee for Disability Rights Montana. Signed by Judge Sam E Haddon on 6/25/2015. (ELL, ) (Entered: 06/25/2015)

June 25, 2015

June 25, 2015

PACER
75

Letter to atty Lee re Registration to ECF with copy of Order granting PHV. (ELL, ) (Entered: 06/25/2015)

June 25, 2015

June 25, 2015

PACER
76

RESPONSE to Motion re 71 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Disability Rights Montana. (Simmons, Jeffrey) (Entered: 07/03/2015)

July 3, 2015

July 3, 2015

RECAP
77

NOTICE of Acknowledgment of Pro Hac Vice Order by Disability Rights Montana (Lee, Matthew) (Entered: 07/16/2015)

July 16, 2015

July 16, 2015

PACER
78

REPLY to Response to Motion re 71 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by John Glueckert, Richard Opper. (Kohman, Paulette) (Entered: 07/24/2015)

July 24, 2015

July 24, 2015

RECAP
79

ORDER Setting Hearing on Motion 71 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM : Contract Court Reporter is Needed, Motion Hearing set for 9/3/2015 at 10:00 AM in Helena, MT before Judge Sam E Haddon. Signed by Judge Sam E Haddon on 8/19/2015. (ELL, ) (Entered: 08/19/2015)

Aug. 19, 2015

Aug. 19, 2015

PACER
80

MOTION leave to appear by phone at hearing on motion to dismiss Jeffrey A. Simmons appearing for Plaintiff Disability Rights Montana (Simmons, Jeffrey) (Entered: 09/02/2015)

Sept. 2, 2015

Sept. 2, 2015

PACER
81

Emergency MOTION for Leave to Appear by telephone at hearing on motion to dismiss Jeffrey A. Simmons appearing for Plaintiff Disability Rights Montana (Simmons, Jeffrey) (Entered: 09/02/2015)

Sept. 2, 2015

Sept. 2, 2015

PACER
82

AFFIDAVIT in Support re 81 Emergency MOTION for Leave to Appear by telephone at hearing on motion to dismiss filed by Disability Rights Montana. (Simmons, Jeffrey) (Entered: 09/02/2015)

Sept. 2, 2015

Sept. 2, 2015

PACER
83

ORDER granting 81 Motion for Leave to Appear Telephonic at 9/3/15 hearing. Signed by Judge Sam E Haddon on 9/3/2015. Phone call placed to Mr. Simmons advising of order. (DED, ) (Entered: 09/03/2015)

Sept. 3, 2015

Sept. 3, 2015

PACER
84

MINUTE ENTRYMinute Entry for proceedings held before Judge Sam E Haddon: Motion Hearing held on 9/3/2015 re 71 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by John Glueckert, Richard Opper. Mr. Ellingson present in courtroom and Mr. Simmons present telephonically on behalf of Plainitff. Paulette Kohman present for Defendants in CV-14-25 and Thomas Leonard present for Defendants in CV-14-25 and CV-15-22. Court will approach motions separately and hear arguments in CV-14-25 and then CV-15-22. Court hears from Ms. Kohman, Mr. Ellingson responds, and Ms. Kohman replies; Mr. Ellingson presents a sur-reply. Court finds facts pleaded are sufficient to allow matter to proceed, and denies Defendants 12(b)(6) Motion to be Dismiss. Court hears argument regarding CV-15-22 matter. Mr. Leonard heard on behalf of Defendants, Mr. Ellingson responds, and Mr. Leonard replies. Court presents its findings and grants Defendants Rule 12(b)(6) Motion to Dismiss Hearing commenced at 10:00 am and concluded at 10:39 am. (Court Reporter Julie Lake.) (Law Clerk: Carolyn Sime), (Hearing held in Helena) (DED, ) (Entered: 09/03/2015)

Sept. 3, 2015

Sept. 3, 2015

PACER
85

ORDER denying 71 Motion to Dismiss for Failure to State a Claim Signed by Judge Sam E Haddon on 9/3/2015. (ELL, ) (Entered: 09/03/2015)

Sept. 3, 2015

Sept. 3, 2015

RECAP
86

PRELIMINARY PRETRIAL CONFERENCE ORDERPreliminary Pretrial Statement due by 9/25/2015. Joint Discovery Plan due by 9/25/2015. Pretrial Conference set for 10/6/2015 at 10:00 AM in Helena, MT before Judge Sam E Haddon. Signed by Judge Sam E Haddon on 9/3/2015. (ELL, ) (Entered: 09/03/2015)

Sept. 3, 2015

Sept. 3, 2015

PACER
87

TRANSCRIPT DESIGNATION ORDER FORM by John Glueckert, Richard Opper for proceedings held on 09-03-2015 before Judge Haddon. Court reporter Julie Lake. Transcript due by 9/14/2015. (Kohman, Paulette) (Entered: 09/04/2015)

Sept. 4, 2015

Sept. 4, 2015

PACER
88

TRANSCRIPT of Motion to Dismiss held on September 3, 2015, before Judge Haddon. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER, the Clerks Office or the court reporter NOTICE: A NOTICE OF INTENT TO REQUEST REDACTION MUST BE FILED WITHIN 14 DAYS OF THIS FILING. Contact Court Reporter Julie Lake, 406-543-6477. Transcript Redaction Procedures . Redaction Request due 9/29/2015. Redacted Transcript Deadline set for 10/9/2015. Release of Transcript Restriction set for 12/7/2015. (ELL, ) (Entered: 09/08/2015)

Sept. 8, 2015

Sept. 8, 2015

PACER
89

MOTION to Amend/Correct 72 Brief/Memorandum in Support, Paulette Kohman appearing for Defendants John Glueckert, Richard Opper (Kohman, Paulette) (Entered: 09/21/2015)

Sept. 21, 2015

Sept. 21, 2015

PACER
90

Brief/Memorandum in Support re 89 MOTION to Amend/Correct 72 Brief/Memorandum in Support, filed by John Glueckert, Richard Opper. (Kohman, Paulette) (Entered: 09/21/2015)

Sept. 21, 2015

Sept. 21, 2015

PACER
91

Joint MOTION for Extension of Time to File Extension of Preliminary Conference Date and Deadlines for Joint Discovery Plan, Preliminary Pretrial Statements, and Defendants' Answer Jeffrey A. Simmons appearing for Plaintiff Disability Rights Montana (Attachments: # 1 Text of Proposed Order Proposed Order) (Simmons, Jeffrey) (Entered: 09/21/2015)

1 Text of Proposed Order Proposed Order

View on PACER

Sept. 21, 2015

Sept. 21, 2015

PACER
92

AFFIDAVIT in Support re 91 Joint MOTION for Extension of Time to File Extension of Preliminary Conference Date and Deadlines for Joint Discovery Plan, Preliminary Pretrial Statements, and Defendants' Answer Declaration of Jon Ellingson filed by Disability Rights Montana. (Simmons, Jeffrey) (Entered: 09/21/2015)

Sept. 21, 2015

Sept. 21, 2015

PACER
93

ORDER denying 89 Motion to Amend/Correct; denying 91 Motion for Extension of Time to File (SEE ORDER FOR COMPLETE DETAILS) Signed by Judge Sam E Haddon on 9/22/2015. (ELL, ) (Entered: 09/22/2015)

Sept. 22, 2015

Sept. 22, 2015

PACER
94

STATEMENT OF STIPULATED FACTS by Disability Rights Montana. (Simmons, Jeffrey) (Entered: 09/25/2015)

Sept. 25, 2015

Sept. 25, 2015

PACER

Case Details

State / Territory: Montana

Case Type(s):

Prison Conditions

Special Collection(s):

Solitary confinement

Multi-LexSum (in sample)

Key Dates

Filing Date: March 31, 2014

Closing Date: March 31, 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Disability Rights Montana, Inc., a nonprofit advocacy agency acting on behalf of prisoners with serious mental illness in the Montana State Prison.

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Montana, State

Montana, State

Montana State Prison, State

Montana State Hospital, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Form of Settlement:

Voluntary Dismissal

Issues

General:

Administrative segregation

Bathing and hygiene

Bathrooms

Classification / placement

Conditions of confinement

Confinement/isolation

Disciplinary procedures

Disciplinary segregation

Reasonable Accommodations

Reasonable Modifications

Sanitation / living conditions

Solitary confinement/Supermax (conditions or process)

Suicide prevention

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Mental impairment

Mental Disability:

Depression

Mental Illness, Unspecified

Medical/Mental Health:

Mental health care, general

Mental health care, unspecified

Suicide prevention

Type of Facility:

Government-run