Case: Disability Rights Montana v. Batista

2:15-cv-00022 | U.S. District Court for the District of Montana

Filed Date: May 15, 2015

Case Ongoing

Clearinghouse coding complete

Case Summary

This case arose out of litigation in a similar case, Disability Rights Montana v. Opper. For more information, see Opper's Clearinghouse page here.On May 15, 2015, Disability Rights Montana filed a lawsuit against the Director and Warden of the Montana Department of Corrections in their official capacities. Both of these defendants had been named as defendants in the original complaint filed in Disability Rights Montana v. Opper. In the amended complaint, the plaintiffs alleged that the defenda…

This case arose out of litigation in a similar case, Disability Rights Montana v. Opper. For more information, see Opper's Clearinghouse page here.

On May 15, 2015, Disability Rights Montana filed a lawsuit against the Director and Warden of the Montana Department of Corrections in their official capacities. Both of these defendants had been named as defendants in the original complaint filed in Disability Rights Montana v. Opper.

In the amended complaint, the plaintiffs alleged that the defendants had violated the Eighth Amendment's protections against cruel and unusual punishment through their treatment of prisoners with serious mental illnesses. The plaintiffs argued that the defendants violated their rights by placing prisoners in solitary confinement between 22 and 24 hours per day for months and even years at a time, failing to use standards to diagnose prisoners with mental illnesses, refusing to provide prisoners with psychiatric medications, using no system to classify prisoners according to their mental illness diagnoses, and having no system to evaluate the efficacy of its program for prisoners' mental health.

The plaintiffs sought declaratory relief as well as injunctive relief. Plaintiffs sought to require defendants to take immediate steps to ensure that prisoners with serious mental illnesses were provided with constitutionally adequate care and enjoin the defendants from placing prisoners with serious mental illnesses in solitary confinement.

The new case was again before Judge Haddon in the District Court for the District of Montana. The defendants moved to dismiss for failure to state a claim and the court granted that motion on September 3, 2015. This was the same day that the court rejected the DPHHS and State Hospital's motion to dismiss in the first case discussed above. This was also a summary order.

The plaintiff appealed that dismissal to the Ninth Circuit. While it's not entirely clear what the dismissal was based on, the plaintiff's brief to the Ninth Circuit claimed that the dismissals were mixed up and that the Judge refused to correct that. The plaintiffs argued that the court intended to dismiss the due process claims against the Montana DPHHS and Montana State Hospital and that the court did not intend to dismiss the Eighth Amendment claims against the DOC and Montana State Prison.

It's not entirely clear from the record what the grounds of the dismissal were, but as discussed below, the parties litigated the issue as if the District Court had dismissed on the grounds that the pleadings did not meet the (12)(b)(6) pleading standard required.

The appeal was docketed in the Ninth Circuit on October 1, 2015. Following that, the plaintiff and the defendant Montana DOC and Montana State Prison engaged in protracted settlement discussion through at least February 27, 2018. Oral argument was held on March 7, 2019. The plaintiff asked the Ninth Circuit to reverse the dismissal of the claim against the DOC and the State Prison, and to assign the case to a different judge on remand.

On July 19, 2019, the Ninth Circuit reversed the district court’s dismissal of the complaint, remanded it for further proceedings, and reassigned the case to the Judge Donald W. Molloy. 930 F.3d 1090. In an opinion by Judge Gould, the court held that the plaintiffs' complaint met the pleading requirements by describing specific facts sufficient to support a plausible claim for relief. The court noted that the allegations, if true, described a "distressing pattern of placing mentally ill prisoners in solitary confinement for 'weeks and months at a time' without sufficient mental health care..."

The case is ongoing back in the district court as of October 2019.

Summary Authors

Gabrielle Simeck (2/27/2021)

Related Cases

Disability Rights Montana v. Opper, District of Montana (2014)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4302837/parties/disability-rights-montana-v-gootkin/


Judge(s)

Gould, Ronald Murray (Washington)

Haddon, Sam E. (Montana)

Jack, Janis Graham (Texas)

Molloy, Donald W. (Montana)

Paez, Richard A. (California)

Attorneys(s) for Plaintiff

Conley, Anna (Montana)

Ellingson, Jon (Montana)

Gray, Kyle A. (Montana)

Jones, Natasha Prinzing (Montana)

Lee, Matthew D. (Wisconsin)

Judge(s)

Gould, Ronald Murray (Washington)

Haddon, Sam E. (Montana)

Jack, Janis Graham (Texas)

Molloy, Donald W. (Montana)

Paez, Richard A. (California)

Attorneys(s) for Plaintiff

Conley, Anna (Montana)

Ellingson, Jon (Montana)

Gray, Kyle A. (Montana)

Jones, Natasha Prinzing (Montana)

Lee, Matthew D. (Wisconsin)

Miller, Adrian Ann (Montana)

Rate, Alexander H. (Montana)

Rogers, Mary Cile Glover (Montana)

Simmons, Jeffrey A. (Wisconsin)

Taylor, James Park (Montana)

Attorneys(s) for Defendant

Ambrose, Colleen E (Montana)

Crowley, William L. (Montana)

Leonard, Thomas J (Montana)

Documents in the Clearinghouse

Document

2:15-cv-00022

0:15-35770

9th Cir. Docket [Pacer]

U. S. Court of Appeals for the Ninth Circuit

Aug. 12, 2019

Aug. 12, 2019

Docket

2:15-cv-00022

0:15-35770

Docket [Pacer]

Disability rights Montana v. Batista

Sept. 8, 2020

Sept. 8, 2020

Docket
66

2:14-cv-00025

Second Amended Complaint Against Defendants Mike Batista and Leroy Kirkegard

Disability Rights Montana, INC. v. Batista

May 8, 2015

May 8, 2015

Complaint
89

2:15-cv-00022

0:15-35770

Opinion

Disability Rights Montana, INC. 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/4302837/disability-rights-montana-v-gootkin/

Last updated Aug. 14, 2022, 3:16 a.m.

ECF Number Description Date Link Date / Link
3

Corporate Disclosure Statement by Disability Rights Montana. (ELL, ) (Entered: 05/15/2015)

May 15, 2015

May 15, 2015

PACER

Filing fee: $ 400.00, receipt number 0977-1588328 (ELL, )

May 15, 2015

May 15, 2015

PACER
2

Summons Issued as to Mike Batista, Leroy Kirkegard. Originals mailed to cnsl for service. (ELL, ) (Entered: 05/15/2015)

May 15, 2015

May 15, 2015

PACER
1

COMPLAINT against Mike Batista, Leroy Kirkegard, filed by Disability Rights Montana. (Attachments: # 1 Civil Cover Sheet) (ELL, ) (Entered: 05/15/2015)

1 Civil Cover Sheet

View on PACER

May 15, 2015

May 15, 2015

RECAP
4

JOINT DISCOVERY PLAN by Disability Rights Montana. (Ellingson, Jon) (Entered: 05/18/2015)

May 18, 2015

May 18, 2015

PACER
8

NOTICE of Appearance by Mary Cile Glover Rogers on behalf of Mike Batista, Leroy Kirkegard (Glover Rogers, Mary) (Entered: 05/20/2015)

May 20, 2015

May 20, 2015

PACER
7

NOTICE of Appearance by Thomas J. Leonard on behalf of Mike Batista, Leroy Kirkegard (Leonard, Thomas) (Entered: 05/20/2015)

May 20, 2015

May 20, 2015

RECAP
6

NOTICE of Appearance by William L. Crowley on behalf of Mike Batista, Leroy Kirkegard (Crowley, William) (Entered: 05/20/2015)

May 20, 2015

May 20, 2015

PACER
5

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 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
9

NOTICE of Appearance by Colleen E. Ambrose on behalf of All Defendants (Ambrose, Colleen) (Entered: 06/01/2015)

June 1, 2015

June 1, 2015

PACER
11

Brief/Memorandum in Support re 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Mike Batista, Leroy Kirkegard. (Glover Rogers, Mary) (Entered: 06/05/2015)

June 5, 2015

June 5, 2015

PACER
10

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Mary Cile Glover Rogers appearing for Defendants Mike Batista, Leroy Kirkegard (Glover Rogers, Mary) Modified on 8/19/2015 Martin-Lake Asso to report for hearing (DED, ). (Entered: 06/05/2015)

June 5, 2015

June 5, 2015

RECAP
13

MOTION Mathew D. Lee to Appear Pro Hac Vice ( Filing fee $ 250 receipt number MTX900008510.) Jon E. Ellingson appearing for Plaintiff Disability Rights Montana (Attachments: # 1 Affidavit, # 2 Text of Proposed Order) (Ellingson, Jon) (Entered: 06/23/2015)

1 Affidavit

View on RECAP

2 Text of Proposed Order

View on RECAP

June 23, 2015

June 23, 2015

PACER
12

MOTION Jeffrey A. Simmons to Appear Pro Hac Vice ( Filing fee $ 250 receipt number MTX900008510.) Jon E. Ellingson appearing for Plaintiff Disability Rights Montana (Attachments: # 1 Affidavit, # 2 Text of Proposed Order) (Ellingson, Jon) (Entered: 06/23/2015)

June 23, 2015

June 23, 2015

PACER
16

Letter to cnsl Lee re ECF Registration with copy of Order Granting PHV. (ELL, ) (Entered: 06/24/2015)

June 24, 2015

June 24, 2015

PACER
15

ORDER granting 13 Motion to Appear Pro Hac Vice for atty Mathew D. Lee. Signed by Judge Sam E Haddon on 6/24/2015. (ELL, ) Modified on 6/24/2015 Cpy of Afdt sent to TO in GF for input into CM/ECF (ELL, ). (Entered: 06/24/2015)

June 24, 2015

June 24, 2015

PACER
14

ORDER granting 12 Motion to Appear Pro Hac Vice for Attorney Jeffrey A. Simmons for Disability Rights Montana. Signed by Judge Sam E Haddon on 6/24/2015. (ELL, ) (Entered: 06/24/2015)

June 24, 2015

June 24, 2015

PACER
18

AFFIDAVIT in Opposition re 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Declaration of Jeffrey A. Simmons filed by Disability Rights Montana. (Attachments: # 1 Exhibit Demand Letter) (Simmons, Jeffrey) (Entered: 07/02/2015)

July 2, 2015

July 2, 2015

PACER
17

RESPONSE to Motion re 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Disability Rights Montana. (Simmons, Jeffrey) (Entered: 07/02/2015)

July 2, 2015

July 2, 2015

PACER
20

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
19

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

July 16, 2015

July 16, 2015

PACER
21

REPLY to Response to Motion re 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Mike Batista, Leroy Kirkegard. (Glover Rogers, Mary) (Entered: 07/24/2015)

July 24, 2015

July 24, 2015

PACER
22

ORDER Setting Hearing on Motion 10 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
24

AFFIDAVIT in Support re 23 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
23

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
27

ORDER granting 10 Motion to Dismiss for Failure to State a Claim. This case is DISMISSED. Signed by Judge Sam E Haddon on 9/3/2015. (ELL, ) (Entered: 09/03/2015)

Sept. 3, 2015

Sept. 3, 2015

PACER
26

MINUTE ENTRYMinute Entry for proceedings held before Judge Sam E Haddon: Motion Hearing held on 9/3/2015 re 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Mike Batista, Leroy Kirkegard. 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 10:39 and concluded at 11:31. (Court Reporter Julie Lake.) (Law Clerk: Carolyn Sime), (Hearing held in Helena) (DED, ) (Entered: 09/03/2015)

Sept. 3, 2015

Sept. 3, 2015

PACER
25

ORDER granting in part 23 Motion for Leave to Appear Telephonic at 9/3/2015 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
28

TRANSCRIPT DESIGNATION ORDER FORM by Disability Rights Montana for proceedings held on 09/03/2015 before Judge Sam E. Haddon. Court reporter Julie Lake. Transcript due by 9/4/2015. (Simmons, Jeffrey) (Entered: 09/04/2015)

Sept. 4, 2015

Sept. 4, 2015

PACER
30

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
29

TRANSCRIPT DESIGNATION ORDER FORM by Mike Batista, Leroy Kirkegard for proceedings held on 09/03/2015 before Judge Hon. Sam E. Haddon. Court reporter Julie Lake. Transcript due by 10/16/2015. (Leonard, Thomas) (Entered: 09/08/2015)

Sept. 8, 2015

Sept. 8, 2015

PACER
31

NOTICE OF APPEAL as to 27 Order on Motion to Dismiss for Failure to State a Claim by Disability Rights Montana. Filing fee $ 505.00 - Rcpt no. MTX9-8854. (Attachments: # 1 Exhibit Representation Statement) (Simmons, Jeffrey) Modified on 10/1/2015 to add receipt number. Regenerated NEF (APP, ). (Entered: 10/01/2015)

Oct. 1, 2015

Oct. 1, 2015

PACER
32

USCA Case Number 15-35770 and Time Schedule Order for 31 Notice of Appeal, filed by Disability Rights Montana. (ELL, ) (Entered: 10/02/2015)

Oct. 2, 2015

Oct. 2, 2015

PACER
33

Unopposed MOTION to Include Portions of Record from Case No. 2:14-CV-25 in the Record on Appeal Jeffrey A. Simmons appearing for Plaintiff Disability Rights Montana (Attachments: # 1 Exhibit Proposed Order) (Simmons, Jeffrey) (Entered: 11/11/2015)

Nov. 11, 2015

Nov. 11, 2015

PACER
34

ORDER granting 33 Motion To Include Portions of the Record from Case No. 2:14-cv-25-SEH in the Record on Appeal. Signed by Judge Sam E Haddon on 11/16/2015. (ELL, ) (Entered: 11/16/2015)

Nov. 16, 2015

Nov. 16, 2015

PACER
35

NOTICE/Docket Sheet from CV-14-25-BU-SEH re 34 Order on Motion for Miscellaneous Relief. Pursuant to Court Order the following documents are included in the record from Disability Rights Montana, Inc, v Opper, et al CV-14-25-BU-SEH: (Attachments: # 1 Docket No 1 - Complaint, # 2 Docket No 16 - Joint Answer, # 3 Docket No 17 - Motion to Dismiss, # 4 Docket No 18 - Brief/Memorandum in Support of Motion to Dismiss, # 5 Docket No 21 - Response to Motion to Dismiss, # 6 Docket No 33 - Order, # 7 Docket No 42 - Amended Complaint, # 8 Docket No 45 - Joint Answer, # 9 Docket No 46 - Motion to Dismiss, # 10 Docket No 53 - Order Setting Status Conference, # 11 Docket No 58 - Order, # 12 Docket No 61 - Transcript, # 13 Docket No 66 - Amended Complaint, # 14 Docket No 67 - Amended Complaint, # 15 Docket No 68 - Brief/Memorandum in Support re Amended Complaint, # 16 Docket No 70 - Order, # 17 Docket No 71 - Motion to Dismiss, # 18 Docket No 72 - Brief Memorandum In Support Re Motion To Dismiss, # 19 Response To Motion Re Motion To Dismiss, # 20 Docket No 78 - Reply to Response to Motion, # 21 Docket No 85 - Order, # 22 Docket No 89 - Motion, # 23 Docket No 90 - Brief Memorandum In Support Re Motion to Amend Correct, # 24 Docket No 93 - Order) For Docket No's 57, 84 and Minute Entry of 5/11/15 please see the Docket Sheet. (ELL, ) (Entered: 11/17/2015)

Nov. 17, 2015

Nov. 17, 2015

PACER
36

NOTICE of Withdrawal of Counsel: Mary Cile Glover Rogers withdrawing from the case, filed by Mike Batista, Leroy Kirkegard (Glover Rogers, Mary) (Entered: 05/08/2017)

May 8, 2017

May 8, 2017

PACER
37

OPINION of USCA as to 31 Notice of Appeal filed by Disability Rights Montana. REVERSED AND REMANDED. (NOS) (Entered: 07/19/2019)

July 19, 2019

July 19, 2019

PACER
38

MANDATE of USCA as to 31 Notice of Appeal. The judgment entered July 19, 2019, takes effect this date. (NOS) (Entered: 08/12/2019)

Aug. 12, 2019

Aug. 12, 2019

PACER
39

ORDER REASSIGNING CASE. Case reassigned to Judge Donald W. Molloy for all further proceedings. Signed by Judge Dana L. Christensen on 8/13/2019. (NOS) (Entered: 08/13/2019)

Aug. 13, 2019

Aug. 13, 2019

PACER
41

NOTICE of Appearance by Natasha Prinzing Jones on behalf of Mike Batista, Leroy Kirkegard (Jones, Natasha) (Entered: 08/14/2019)

Aug. 14, 2019

Aug. 14, 2019

PACER
40

NOTICE of Substitution of Counsel by Disability Rights Montana (Rate, Alexander) (Entered: 08/14/2019)

Aug. 14, 2019

Aug. 14, 2019

PACER
43

PRELIMINARY PRETRIAL CONFERENCE ORDER: Preliminary Pretrial Statement due by 10/9/2019. Joint Discovery Plan due by 10/9/2019. Statement of Stipulated Facts due by 10/9/2019. Pretrial Conference set for 10/16/2019 at 1:30 PM in the Russell Smith Courthouse, Missoula, MT before Judge Donald W. Molloy. Signed by Judge Donald W. Molloy on 9/10/2019. (dle) (Entered: 09/10/2019)

Sept. 10, 2019

Sept. 10, 2019

PACER
42

ANSWER to 1 Complaint (Second Amended) by Mike Batista, Leroy Kirkegard. (Leonard, Thomas) (Entered: 09/10/2019)

Sept. 10, 2019

Sept. 10, 2019

RECAP
47

STATEMENT OF STIPULATED FACTS by Mike Batista, Leroy Kirkegard. (Leonard, Thomas) (Entered: 10/09/2019)

Oct. 9, 2019

Oct. 9, 2019

PACER
46

PRELIMINARY PRETRIAL STATEMENT by Mike Batista, Leroy Kirkegard. (Leonard, Thomas) (Entered: 10/09/2019)

Oct. 9, 2019

Oct. 9, 2019

PACER
45

PRELIMINARY PRETRIAL STATEMENT by Disability Rights Montana. (Simmons, Jeffrey) (Entered: 10/09/2019)

Oct. 9, 2019

Oct. 9, 2019

PACER
44

JOINT DISCOVERY PLAN by Disability Rights Montana. (Simmons, Jeffrey) (Entered: 10/09/2019)

Oct. 9, 2019

Oct. 9, 2019

PACER
48

SCHEDULING ORDER: Bench Trial set for 3/22/2021 at 9:00 AM in the Russell Smith Courthouse, Missoula, MT before Judge Donald W. Molloy. Final Pretrial Conference set for 3/22/2021 at 9:00 AM in the Russell Smith Courthouse, Missoula, MT before Judge Donald W. Molloy. Amended Pleadings due by 12/4/2019. Discovery due by 11/10/2020. Motions due by 12/8/2020. Proposed Pretrial Order due by 3/15/2021. Signed by Judge Donald W. Molloy on 10/16/2019. (dle) (Entered: 10/16/2019)

Oct. 16, 2019

Oct. 16, 2019

PACER

MINUTE ENTRY: Minute Entry for proceedings held before Judge Donald W. Molloy: Interim Pretrial Conference held on 10/16/2019. (Law Clerk: H. Garber), (Hearing held in Missoula) (dle)

Oct. 16, 2019

Oct. 16, 2019

PACER
49

AMENDED COMPLAINT against All Defendants, filed by Disability Rights Montana. (Simmons, Jeffrey) (Entered: 12/23/2019)

Dec. 23, 2019

Dec. 23, 2019

RECAP
50

ORDER. IT IS ORDERED that on or before January 10, 2020, Disability Rights Montana shall SHOW CAUSE why the amended complaint should not be stricken. Signed by Judge Donald W. Molloy on 12/27/2019. (NOS) (Entered: 12/27/2019)

Dec. 27, 2019

Dec. 27, 2019

PACER
51

RESPONSE TO ORDER TO SHOW CAUSE by Disability Rights Montana. (Attachments: # 1 Exhibit 1, Email Exchange, # 2 Exhibit 2, Redline of Amended Complaint) (Simmons, Jeffrey) (Entered: 01/07/2020)

Jan. 7, 2020

Jan. 7, 2020

PACER
52

ORDER. IT IS ORDERED that Defendants Reginald Michael and Lynn Guyer shall file a response to the Amended Complaint pursuant to the Federal Rules of Civil Procedure. Signed by Judge Donald W. Molloy on 1/8/2020. (NOS) (Entered: 01/08/2020)

Jan. 8, 2020

Jan. 8, 2020

RECAP
53

ANSWER to 49 Amended Complaint by Lynn Guyer, Reginald Michael. (Leonard, Thomas) (Entered: 01/10/2020)

Jan. 10, 2020

Jan. 10, 2020

PACER
54

NOTICE of Withdrawal of Counsel: Jeffrey A. Simmons withdrawing from the case, filed by Disability Rights Montana (Simmons, Jeffrey) (Entered: 03/13/2020)

March 13, 2020

March 13, 2020

PACER
55

Joint MOTION to Stay Matthew D. Lee appearing for Plaintiff Disability Rights Montana (Attachments: # 1 Text of Proposed Order Proposed Order to Stay) (Lee, Matthew) (Entered: 06/02/2020)

June 2, 2020

June 2, 2020

PACER
56

ORDER denying 55 Motion to Stay. Signed by Judge Donald W. Molloy on 6/3/2020. (dle) (Entered: 06/03/2020)

June 3, 2020

June 3, 2020

PACER
60

AFFIDAVIT/DECLARATION re 57 Joint MOTION to Stay Declaration of Jim Salmonsen by Disability Rights Montana. (Lee, Matthew) (Entered: 09/02/2020)

Sept. 2, 2020

Sept. 2, 2020

PACER
59

AFFIDAVIT/DECLARATION re 57 Joint MOTION to Stay Declaration of Thomas J. Leonard by Disability Rights Montana. (Lee, Matthew) (Entered: 09/02/2020)

Sept. 2, 2020

Sept. 2, 2020

PACER
58

AFFIDAVIT/DECLARATION re 57 Joint MOTION to Stay Declaration of Kathryn A. Burns, M.D., M.P.H. by Disability Rights Montana. (Lee, Matthew) (Entered: 09/02/2020)

Sept. 2, 2020

Sept. 2, 2020

PACER
57

Joint MOTION to Stay Matthew D. Lee appearing for Plaintiff Disability Rights Montana (Attachments: # 1 Text of Proposed Order Proposed Order) (Lee, Matthew) (Entered: 09/02/2020)

Sept. 2, 2020

Sept. 2, 2020

PACER
61

ORDER re 48 Scheduling Order - RESETTING: Discovery due by 11/9/2021. Motions due by 12/7/2021. Proposed Pretrial Order due by 3/14/2022. Bench Trial RESET for 3/21/2022 at 9:00 AM in the Russell Smith Courthouse, Missoula, MT before Judge Donald W. Molloy. Final Pretrial Conference RESET for 3/21/2022 at 9:00 AM in the Russell Smith Courthouse, Missoula, MT before Judge Donald W. Molloy. 57 Joint MOTION to Stay DENIED as to request for stay. Signed by Judge Donald W. Molloy on 9/8/2020. (dle) (Entered: 09/08/2020)

Sept. 8, 2020

Sept. 8, 2020

PACER
62

Amend/Correct

Sept. 15, 2021

Sept. 15, 2021

PACER
63

Order on Motion to Amend/Correct

Sept. 15, 2021

Sept. 15, 2021

PACER
64

Notice of Appearance

Sept. 29, 2021

Sept. 29, 2021

PACER
65

Notice of Appearance

Oct. 1, 2021

Oct. 1, 2021

PACER
66

Appear Pro Hac Vice - MT

Oct. 4, 2021

Oct. 4, 2021

PACER
67

ORDER granting 66 Motion to Appear Pro Hac Vice for Counsel Chelsea Hilliard. Acknowledgment of PHV Order due within fifteen days. Signed by Judge Donald W. Molloy on 10/5/2021. (NOS) (Main document replaced with Order correctly naming PHV counsel; NEF regenerated.) (NOS)

Oct. 5, 2021

Oct. 5, 2021

RECAP
68

Appear Pro Hac Vice - MT

Oct. 7, 2021

Oct. 7, 2021

PACER
70

Notice of Appearance

Oct. 12, 2021

Oct. 12, 2021

PACER
71

ORDER granting 68 Motion to Appear Pro Hac Vice for Jennifer M. Luther. Acknowledgment of PHV Order due within 15 days. In the notice of acknowledgment, counsel shall also designate a single attorney with the authority to make any and all decisions related to the administration of this case as the primary point of contact for the opposing party. Signed by Judge Donald W. Molloy on 10/14/2021. (NOS)

Oct. 14, 2021

Oct. 14, 2021

RECAP
72

Notice of Acknowledgment of Pro Hac Vice Order - MT

Oct. 14, 2021

Oct. 14, 2021

PACER
73

Summary Judgment - SDM

Nov. 3, 2021

Nov. 3, 2021

PACER
74

Brief/Memorandum in Support - MT

Nov. 3, 2021

Nov. 3, 2021

PACER
75

Statement of Undisputed Fact - MT

Nov. 3, 2021

Nov. 3, 2021

PACER
76

Redact - MT

Nov. 4, 2021

Nov. 4, 2021

PACER
77

File Excess Pages

Nov. 9, 2021

Nov. 9, 2021

PACER
78

Order on Motion for Leave to File Excess Pages

Nov. 9, 2021

Nov. 9, 2021

PACER
79

Redact - MT

Nov. 16, 2021

Nov. 16, 2021

PACER
80

Response to Motion

Nov. 16, 2021

Nov. 16, 2021

PACER
81

Summary Judgment - SDM

Nov. 17, 2021

Nov. 17, 2021

PACER
82

Brief/Memorandum in Support - MT

Nov. 17, 2021

Nov. 17, 2021

PACER
83

Statement of Undisputed Fact - MT

Nov. 17, 2021

Nov. 17, 2021

PACER
84

Lodged Sealed Document - MT

Nov. 18, 2021

Nov. 18, 2021

PACER
85

Reply to Response to Motion

Nov. 30, 2021

Nov. 30, 2021

PACER
86

Reply to Response to Motion

Dec. 9, 2021

Dec. 9, 2021

PACER
87

Statement of Disputed Facts - MT

Dec. 9, 2021

Dec. 9, 2021

PACER
88

Redact - MT

Dec. 22, 2021

Dec. 22, 2021

PACER
89

Reply to Response to Motion

Dec. 22, 2021

Dec. 22, 2021

PACER
90

Statement of Disputed Facts - MT

Dec. 22, 2021

Dec. 22, 2021

PACER
91

Lodged Sealed Document - MT

Dec. 22, 2021

Dec. 22, 2021

PACER
92

ORDER granting 76 Motion to Redact; granting 79 Motion to Redact; granting 88 Motion to Redact. Signed by Judge Donald W. Molloy on 12/23/2021. (APP)

Dec. 23, 2021

Dec. 23, 2021

RECAP
93

Errata - MT

Jan. 7, 2022

Jan. 7, 2022

PACER
94

Appear Pro Hac Vice - MT

Jan. 25, 2022

Jan. 25, 2022

PACER
95

ORDER re 94 Unopposed MOTION of Kelsey Boehm to Appear Pro Hac Vice filed by Disability Rights Montana. IT IS ORDERED that unless Plaintiff can show cause why additional counsel is necessary, Plaintiff is limited to the formal appearance of seven attorneys of its choosing. Counsel must make any offer to show cause on or before February 2, 2022. Signed by Judge Donald W. Molloy on 1/26/2022. (NOS)

Jan. 26, 2022

Jan. 26, 2022

RECAP
96

Notice of Withdrawal of Counsel - MT

Jan. 31, 2022

Jan. 31, 2022

PACER
97

Notice of Withdrawal of Counsel - MT

Jan. 31, 2022

Jan. 31, 2022

PACER
98

Brief/Response to Order - MT

Feb. 2, 2022

Feb. 2, 2022

PACER
99

ORDER granting 94 Motion to Appear Pro Hac Vice for Kelsey C. Boehm. Acknowledgment of PHV Order due within 15 days. Signed by Judge Donald W. Molloy on 2/3/2022. NOTE: Instructions to request Montana CM/ECF registration through PACER are found here. (NOS)

Feb. 3, 2022

Feb. 3, 2022

RECAP

Case Details

State / Territory: Montana

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: May 15, 2015

Case Ongoing: Yes

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

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Director of the Montana Department of Corrections, State

Warden, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Administrative segregation

Conditions of confinement

Confinement/isolation

Disciplinary procedures

Disciplinary segregation

Reasonable Accommodations

Reasonable Modifications

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