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On May 1, 2012, the Department of Justice began a series of investigations stemming from allegations of sexual assault and sexual harassment at the University of Montana and in the greater Missoula, Mont., community. These investigations sought to determine whether the Missoula County Attorney's Office (MCAO), as well as the Missoula Police Department and the University of Montana's Office of Public Safety, engaged in a pattern or practice of unlawful gender discrimination in violation of the Fourteenth Amendment, the Safe Streets Act, and the regulations implementing the Safe Streets Act. In May 2013, the Civil Rights Division reached agreements with the University and the Police Department, not present in this Clearinghouse.
The Attorney’s Office however refused to provide requested documents, information, or access to staff for interviews. Instead, on February 2014, MCAO filed a complaint for declaratory judgment against the Department under [the Declaratory Judgment act in the U.S. District Court for the District of Montana]. As a result of their refusal to cooperate, the DOJ gathered information by reviewing documents available from other sources and by interviewing persons knowledgeable about the policies, training, and practices related to MCAO's investigation and prosecution of sexual assault.
The investigation revealed substantial evidence suggesting that MCAO's response to allegations of sexual assault and rape discriminates against women and that this discrimination is fueled, at least in part, by gender bias. The investigation indicated that the County Attorney's Office often failed to take the steps necessary to develop sexual assault cases. For instance, the County Attorney did not provide Deputy County Attorneys with the basic knowledge and training about sexual assault necessary to effectively and impartially investigate and prosecute these cases; adult women victims, particularly victims of non-stranger sexual assault and rape, were often treated with disrespect, not informed of the status of their case and revictimized by the process.
As a result, the DOJ alleged that female sexual assault victims in Missoula were deprived of fundamental legal protections and often re-victimized by Attorney's Office's response to their reports of abuse. These evidences suggested that the Attorney's Office engaged in a pattern or practice of gender discrimination in violation of the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution.
On June 10, 2014, DOJ reached a comprehensive agreement with the MCAO to resolve the department’s investigation of alleged gender bias in the prosecution of sexual assaults. Under the agreement, MCAO and the county agreed to take a number of significant steps to improve MCAO’s response to allegations of sexual assault and eliminate discrimination and gender bias.
Specifically, MCAO agreed to address gender bias in response to sexual assault and help to restore community confidence in the criminal justice system by developing and implementing sexual assault policies and training for prosecutors and supervisors; improving treatment of individuals who report sexual assault, including in-person interviews and improved communication
This agreement completed the Civil Rights Division’s investigation. MCAO agreed to dismiss with prejudice the declaratory judgment action, and the Justice Department agreed not to file suit regarding its allegations that the MCAO’s response to sexual assault violated federal law. The declaratory judgment case was dismissed on June 11, 2014.
The MCAO agreed to provide public quarterly reports to the Attorney General of Montana through June 2016 regarding whether the requirements of this Agreement have been
implemented.
On August 16, 2016, Attorney General of Montana announced that the MCAO was in full compliance with the 2014 agreement. Since the agreement, the MCAO has developed clear policies and guidelines for prosecuting sexual assault cases; participated in special training for sexual assault investigation, prosecution, and victim treatment; hired a victim-witness coordinator, investigator and trauma counselor to assist with sexual assault cases and address the effects of secondary trauma on staff; formed a Special Victims Unit; improved communication and coordination with law enforcement agencies and community partners; and engaged in community outreach.
The investigation is now closed.
Summary Authors
Ginny Lee (2/12/2017)
1-10, John Does (Montana)
Ainsworth, Sara L. (Montana)
Akram, Raven J. (Montana)
Albert, Eric Milo (Montana)
Anderson, Gary L. (Montana)
Blumberg, Jeffrey (District of Columbia)
Jones, Natasha Prinzing (Montana)
Kappelhoff, Mark (District of Columbia)
Lopez, Christy (District of Columbia)
Mondino, Jennifer L. (District of Columbia)
Perez, Thomas E. (District of Columbia)
Samuels, Jocelyn (District of Columbia)
Andreozzi, Bradley Joseph (Montana)
Arulanantham, Ahilan T (Montana)
Atkinson, Theodore W (Montana)
Barghaan, Dennis Carl (Montana)
Bauer, Jeffrey Michael (Montana)
Berwick, Benjamin Leon (Montana)
Bianco, Anthony Daniel (Montana)
Braunstein, Joshua E (Montana)
Bray, Andrew William (Montana)
Callaghan, Stacey Lynne (Montana)
Clark, Kim Christensen (Montana)
Collins, Michael Patrick (Montana)
Crosby, Kevin Patrick (Montana)
Cutler, David Gregory (Montana)
Dale, Margaret Antinori (Montana)
Dossett, Robert Lane (Montana)
Duff, Anderson Josiah (Montana)
Edelstein, Jonathan Isidor (Montana)
Ehrlich, Jeffrey Paul (Montana)
Etcheverry, Raymond J. (Montana)
Fease, Jennifer DeRelle (Montana)
Feldman, David Brian (Montana)
Feltner, Jonathan P. (Montana)
Freeborne, Paul Gerald (Montana)
Gibson, Jessica Hoyt (Montana)
Gorman, Elizabeth R. (Montana)
Haas, Alexander Kenneth (Montana)
Hartmere, Michael Colbert (Montana)
Haverstick, Rebecca W. (Montana)
Heiman, Julia Alexandra (Montana)
Hollis, Christopher W (Montana)
Kemnitz, Christian T. (Montana)
Leibovitch, Ellen Marcie (Montana)
Lesperance, Karen Folster (Montana)
Lissner, Julia Renee (Montana)
McClellan, Michael Martin (Montana)
McGarry, Annette Michele (Montana)
Morabito, Douglas P. (Montana)
Normand, Sarah Sheive (Montana)
Oswald, Craig Arthur (Montana)
Panico, Deanna Darlene (Montana)
Patrick, Bradford Allen (Montana)
Power, Vanessa Soriano (Montana)
Preston, Andrew Kenneth (Montana)
Robinson, Kimberly Anne (Montana)
Siravo, Michael Paul (Montana)
Steverson, Carolyn Williams (Montana)
Tetrick, David Tetrick (Montana)
Torres, Simon Joseph (Montana)
Tortora, Zachary Thomas (Montana)
Ullman, Meredith Lee (Montana)
Valkenburg, Fred Van (Montana)
Walker, James Joseph (Montana)
Weals, Christopher A (Montana)
Last updated Aug. 30, 2023, 2:42 p.m.
State / Territory: Montana
Case Type(s):
Key Dates
Closing Date: 2016
Case Ongoing: No
Plaintiffs
Plaintiff Description:
The U.S. DOJ Civil Rights Division
Plaintiff Type(s):
U.S. Dept of Justice plaintiff
Attorney Organizations:
U.S. Dept. of Justice Civil Rights Division
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Missoula County Attorney (Missoula), County
Defendant Type(s):
Case Details
Causes of Action:
Violent Crime and Law Enforcement Act, 34 U.S.C. § 12601 (previously 42 U.S.C. § 14141)
Constitutional Clause(s):
Special Case Type(s):
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Content of Injunction:
Develop anti-discrimination policy
Goals (e.g., for hiring, admissions)
Amount Defendant Pays: 780
Order Duration: 2014 - 2016
Issues
General/Misc.:
Discrimination Area:
Discrimination Basis:
Affected Sex/Gender(s):