Case: Lozeau v. Lake County

9:95-cv-00082 | U.S. District Court for the District of Montana

Filed Date: June 30, 1995

Closed Date: 2000

Clearinghouse coding complete

Case Summary

On June 30, 1995, five inmates at the Lake County Jail in Polson, Montana, filed a class action lawsuit under 42 U.S.C. §1983 against representatives of the county in the U.S. District Court for the District of Montana. The plaintiffs, represented by the American Civil Liberties Union, asked the court for declaratory and injunctive relief, alleging that their constitutional rights had been violated by overcrowding, poor maintenance of physical facilities, understaffing, poor classification pro…

On June 30, 1995, five inmates at the Lake County Jail in Polson, Montana, filed a class action lawsuit under 42 U.S.C. §1983 against representatives of the county in the U.S. District Court for the District of Montana. The plaintiffs, represented by the American Civil Liberties Union, asked the court for declaratory and injunctive relief, alleging that their constitutional rights had been violated by overcrowding, poor maintenance of physical facilities, understaffing, poor classification procedures, failure to protect, inadequate religious exercise, lack of exercise, inadequate recreation, inadequate medical care, and inadequate dental care.

On October 24, 1996, the U.S. District Court for the District of Montana (Judge Charles C. Lovell) entered a consent decree, which dealt with the areas of overcrowding, single celling, staffing, exercise, recreation, clothing, laundry, bedding, sanitation, hygiene, lighting, heating, ventilation, noise, fire protection, inmate security, classification, visitation, mail, telephone privileges, religious exercise, law library access, food services, medical care, and dental care. The court then dismissed the case.

On October 30, 1997, the plaintiffs asked the district court to hold the defendants in contempt for failure to comply with the terms of the consent decree. The defendants acknowledged that they had failed to comply with a number of the decree's requirements, and they agreed to fix those problems. On April 27, 1999, the plaintiffs again asked the district court to hold the defendants in contempt for failure to comply with the consent decree in the areas of staffing, medical record keeping, lighting, plumbing, and fire safety.

Upon improvements in these areas, the plaintiffs agreed to dismiss the contempt actions. On December 16, 1999, the parties also dismissed the underlying consent decree, executing a private settlement agreement in its stead. The plaintiffs asked the district court to award them attorneys fees, and on April 4, 2000, the district court (Magistrate Judge Richard F. Cebull) awarded the requested fees to the plaintiffs. Lozeau v. Lake County, Montana, 98 F.Supp.2d 1157 (D.Mont. 2000).

Summary Authors

Kristen Sagar (10/7/2006)

Jessica Kincaid (7/14/2014)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/22112824/parties/lozeau-v-lake-county/


Judge(s)

Cebull, Richard F. (Montana)

Attorneys(s) for Plaintiff

Alterowitz, Michael G. (Montana)

Connell, Mark S. (Montana)

Pevar, Stephen L. (Colorado)

Attorneys(s) for Defendant

Christopher, Deborah Kim (Montana)

Long, Robert J. (Montana)

Sheridan, Robert E. (Montana)

Judge(s)

Cebull, Richard F. (Montana)

Attorneys(s) for Plaintiff

Alterowitz, Michael G. (Montana)

Connell, Mark S. (Montana)

Pevar, Stephen L. (Colorado)

Attorneys(s) for Defendant

Christopher, Deborah Kim (Montana)

Long, Robert J. (Montana)

Sheridan, Robert E. (Montana)

Documents in the Clearinghouse

Document

9:95-cv-00082

Docket [PACER]

May 11, 2000

May 11, 2000

Docket

Press Release -- ACLU Challenges County Jail Conditions

No Court

July 1, 1995

July 1, 1995

Press Release
36

9:95-cv-00082

Consent Decree Order and Judgment

Oct. 23, 1996

Oct. 23, 1996

Order/Opinion
111

9:95-cv-00082

Order

98 F.Supp.2d 1157

April 4, 2000

April 4, 2000

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/22112824/lozeau-v-lake-county/

Last updated Aug. 11, 2022, 2:29 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (MGS) (Entered: 07/06/1995)

June 30, 1995

June 30, 1995

PACER

FILING FEE PAID: on 6/30/95 in the amount of $ 120.00, receipt # 16208. (MGS)

June 30, 1995

June 30, 1995

PACER

SUMMONSES(5) issued as to defendants; origs to cnsl for svc. (MGS)

June 30, 1995

June 30, 1995

PACER

MINUTES: per standing orders, Case referred to Mag Judge Leif B. Erickson (MGS)

June 30, 1995

June 30, 1995

PACER
2

AMENDED COMPLAINT [1-1] by plaintiffs (changes deft Baker's name from Mary to Barry) - Summons re-issued & handed to cnsl for svc. (MGS) (NOS). (Entered: 07/18/1995)

July 18, 1995

July 18, 1995

PACER
3

RETURN OF SERVICE EXECUTED upon defendant Joe Geldrich on 7/12/95 (BAW) (Entered: 07/21/1995)

July 19, 1995

July 19, 1995

PACER
4

RETURN OF SERVICE EXECUTED upon defendant Lake County, Montana, defendant David Stipe, defendant Michael Hutchin, defendant Barry Baker on 7/17/95 (BAW) (Entered: 07/21/1995)

July 19, 1995

July 19, 1995

PACER
5

RETURN OF SERVICE EXECUTED of the Amended Complaint (with corrected name) upon defendant Lake County, Montana, defendant David Stipe, defendant Michael Hutchin, defendant Barry Baker, defendant Joe Geldrich on 7/19/95 (BAW) (Entered: 07/21/1995)

July 21, 1995

July 21, 1995

PACER
6

MOTION by defendant Lake County, Montana, defendant David Stipe, defendant Michael Hutchin, defendant Barry Baker, defendant Joe Geldrich to dismiss - NO BRIEF (BAW) Modified on 09/28/1995 (Entered: 08/28/1995)

Aug. 17, 1995

Aug. 17, 1995

PACER

FILE DELIVERED to PS/LC (MGS)

Sept. 28, 1995

Sept. 28, 1995

PACER
7

FINDINGS AND RECOMMENDATION by Mag Judge Leif B. Erickson concerning motion to dismiss [6-1], recommending it be denied. Objections to F/R due date: October 23, 1995. (cc: all counsel) (MGS) (Entered: 10/06/1995)

Oct. 5, 1995

Oct. 5, 1995

PACER

MINUTES: terminating case referral to Mag Judge Leif B. Erickson motion to dismiss (MGS)

Oct. 6, 1995

Oct. 6, 1995

PACER

FILE DELIVERED to Helena Div. Ofc (MGS)

Oct. 6, 1995

Oct. 6, 1995

PACER
8

ANSWER by defendant Lake County, Montana, defendant David Stipe, defendant Michael Hutchin, defendant Barry Baker, defendant Joe Geldrich to [2-1] (DMZ) (NOS). (Entered: 10/31/1995)

Oct. 10, 1995

Oct. 10, 1995

PACER
9

ORDER by Judge Charles C. Lovell adopting findings and recomendations motion FINDINGS AND RECOMMENDATION [7-1], denying motion to dismiss [6-1] with prejudice, Case referred to Mag Judge Leif B. Erickson for all pretrial proceedings (cc: Connell, Pevar, Sheridan, LBE) (DMZ) (Entered: 10/31/1995)

Oct. 30, 1995

Oct. 30, 1995

PACER

FILE DELIVERED to Msla for LBE (DMZ)

Oct. 31, 1995

Oct. 31, 1995

PACER
10

PRELIMINARY Pre-trial Conference Order by Mag Judge Leif B. Erickson ; prelim pretrial conf set for 4:00 11/29/95 (cc: all counsel) (KJH) (Entered: 11/10/1995)

Nov. 6, 1995

Nov. 6, 1995

PACER
11

STIPULATION BY ALL that the Preliminary Pretrial Conference be rescheduled on 12/21/95 at 2:00PM re [10-1] (BAW) (Entered: 12/06/1995)

Nov. 22, 1995

Nov. 22, 1995

PACER
12

ORDER by Mag Judge Leif B. Erickson granting stipulation that Preliminary Pretrial Conference be rescheduled on 12/21/95 at 2:00PM in Missoula; file and serve a prediscovery disclosure statement no later than 15 days prior to the conf.; file and serve a Prelim Pretrial Stmt no later than 7 days prior to the conf; counsel are advised that failure to provide adequate information in the prelim pretrial statement may be deemed an admission that this is a non-complex case; counsel are requested to confer relative to the enclosed prelim pretrial conf report and if able to submit a joint copy to the court no later than 5 days prior to the pretrial conf. [11-1] (cc: all counsel) (BAW) Modified on 12/13/1995 (Entered: 12/06/1995)

Nov. 27, 1995

Nov. 27, 1995

PACER
13

MOTION by plaintiff Harry Lozeau, plaintiff Douglas Matt, plaintiff Angela Hawkins, plaintiff Reynaldo Thompson, plaintiff Wayne Brown to certify class action (BAW) (NOS). (Entered: 12/06/1995)

Dec. 5, 1995

Dec. 5, 1995

PACER
14

BRIEF by plaintiff Harry Lozeau, plaintiff Douglas Matt, plaintiff Angela Hawkins, plaintiff Reynaldo Thompson, plaintiff Wayne Brown in support of motion to certify class action [13-1] (BAW) (NOS). (Entered: 12/06/1995)

Dec. 5, 1995

Dec. 5, 1995

PACER
15

PREDISCOVERY DISCLOSURE STATEMENT by plaintiff Harry Lozeau, plaintiff Douglas Matt, plaintiff Angela Hawkins, plaintiff Reynaldo Thompson, plaintiff Wayne Brown (BAW) (Entered: 12/07/1995)

Dec. 6, 1995

Dec. 6, 1995

PACER

Received letter from Mark S. Connell that he inserted the wrong date of 12/3/95 instead of 12/4/95 on his motion for class certification. (BAW)

Dec. 7, 1995

Dec. 7, 1995

PACER
16

PREDISCOVERY DISCLOSURE STATEMENT by defendant Lake County, Montana, defendant David Stipe, defendant Michael Hutchin, defendant Barry Baker, defendant Joe Geldrich (BAW) (Entered: 12/13/1995)

Dec. 13, 1995

Dec. 13, 1995

PACER
17

PRELIMINARY PRETRIAL STATEMENT by plaintiff Harry Lozeau, plaintiff Douglas Matt, plaintiff Angela Hawkins, plaintiff Reynaldo Thompson, plaintiff Wayne Brown (BAW) (Entered: 12/14/1995)

Dec. 13, 1995

Dec. 13, 1995

PACER
18

RESPONSE by defendants to motion to certify class action [13-1] (MGS) (NOS). (Entered: 12/19/1995)

Dec. 18, 1995

Dec. 18, 1995

PACER
19

PRELIMINARY PRETRIAL STATEMENT by defendant Lake County, Montana, defendant David Stipe, defendant Michael Hutchin, defendant Barry Baker, defendant Joe Geldrich (KJH) (Entered: 12/19/1995)

Dec. 19, 1995

Dec. 19, 1995

PACER
20

SCHEDULING ORDER Mag Judge Leif B. Erickson; preliminary pretrial conf held on 12/22/95; Motion filing: Mtns to Compel due 6/13/96 and all other motions due 7/1/96; Discovery due: 5/30/96; Status report: 4/15/96; pltf to i.d. exerts by 2/29/96 and defts by 3/29/96; pltf cnsl to convene atty conf during wk of 9/30/96 and FPTO due 10/15/96; Settlement Date is 10/7/96. (cc: all counsel) (KJH) (Entered: 12/22/1995)

Dec. 22, 1995

Dec. 22, 1995

PACER
21

ORDER by Judge Charles C. Lovell upon consent of parties this case transferred to Mag Judge Robert M. Holter for final disposition (cc: all counsel) (MGS) (Entered: 01/12/1996)

Jan. 10, 1996

Jan. 10, 1996

PACER

FILE DELIVERED to Gt Falls Div Ofc for Judge Holter (MGS)

Jan. 12, 1996

Jan. 12, 1996

PACER
22

REPLY by plaintiff Harry Lozeau, plaintiff Douglas Matt, plaintiff Angela Hawkins, plaintiff Reynaldo Thompson, plaintiff Wayne Brown to response to motion to certify class action [13-1] (MAC) (NOS). (Entered: 01/18/1996)

Jan. 16, 1996

Jan. 16, 1996

PACER
23

MINUTES: that the motion to certify class action [13-1] is submitted before Mag Judge Robert M. Holter (MAC) (Entered: 01/18/1996)

Jan. 18, 1996

Jan. 18, 1996

PACER
24

ORDER by Mag Judge Robert M. Holter setting hearing on motion to certify class action [13-1] 1:00 2/23/96 (cc: counsel) (MAC) Modified on 02/23/1996 (Entered: 01/18/1996)

Jan. 18, 1996

Jan. 18, 1996

PACER
25

STIPULATION AND MOTION by plaintiffs, defendants to hold in abeyance until further order of court plaintiffs' pending motion for class certification 13, to continue hearing on the motion which is currently set for 02/23/96 without date, to vacate all pre-trial scheduling deadlines as parties have a tentative settlement of the case (MAC) (Entered: 02/14/1996)

Feb. 12, 1996

Feb. 12, 1996

PACER

PROPOSED Order granting mtn 25 submitted by plaintiff, defendant - submitted to Mag Judge Robert M. Holter (MAC)

Feb. 12, 1996

Feb. 12, 1996

PACER
26

ORDER by Mag Judge Robert M. Holter granting motion to hold in abeyance until further order of court plaintiffs' pending motion for class certification 13 [25-1], granting motion to continue hearing on the motion which is currently set for 02/23/96 without date [25-2], granting motion to vacate all pre-trial scheduling deadlines [25-3], CASE STAYED regarding [26-2] ; Pretrial order ddl VACATED 2/16/96; case management ddl set for 5/15/96 for parties to notify court if settlement has been reached (cc: all counsel) (MAC) (Entered: 02/16/1996)

Feb. 16, 1996

Feb. 16, 1996

PACER

MINUTES: case management ddl NOT satisfied on 5/15/96 before Mag Judge Robert M. Holter as parties have not advised court if case has settled. (MAC)

May 24, 1996

May 24, 1996

PACER

FILE DELIVERED to Mag Judge Robert M. Holter for review of file (MAC)

May 24, 1996

May 24, 1996

PACER
27

ORDER by Mag Judge Robert M. Holter ; case management ddl set for 6/21/96 for parties to file status reports re progress of settlement negotiations (cc: all counsel) (MAC) (Entered: 06/06/1996)

June 6, 1996

June 6, 1996

PACER
28

STATUS REPORT by plaintiff Harry Lozeau, plaintiff Douglas Matt, plaintiff Angela Hawkins, plaintiff Reynaldo Thompson, plaintiff Wayne Brown (MAC) (Entered: 06/14/1996)

June 12, 1996

June 12, 1996

PACER
29

STATUS REPORT by defendant Lake County, Montana, defendant David Stipe, defendant Michael Hutchin, defendant Barry Baker, defendant Joe Geldrich (MAC) (Entered: 06/14/1996)

June 13, 1996

June 13, 1996

PACER

MINUTES: case management ddl satisfied on 6/14/96 by submission of status reports before Mag Judge Robert M. Holter C/R: (MAC)

June 14, 1996

June 14, 1996

PACER

FILE DELIVERED to Mag Judge Robert M. Holter for review of status reports (MAC)

June 14, 1996

June 14, 1996

PACER

MINUTES: case management ddl set for 6/28/96 for parties to advise court if agreement has been reached on terms of the Consent Decree before Mag Judge Robert M. Holter (MAC)

June 18, 1996

June 18, 1996

PACER

MINUTES: case management ddl NOT satisfied on 8/5/96 before Mag Judge Robert M. Holter with file delivered to court for review (MK)

Aug. 5, 1996

Aug. 5, 1996

PACER
30

ORDER by Mag Judge Robert M. Holter ; case management ddl set for 8/21/96 for pties to file STATUS REPORTS on progress of settlement negotiations (cc: all counsel) (LAV) (Entered: 08/09/1996)

Aug. 9, 1996

Aug. 9, 1996

PACER
31

STATUS REPORT by plaintiff Harry Lozeau, plaintiff Douglas Matt, plaintiff Angela Hawkins, plaintiff Reynaldo Thompson, plaintiff Wayne Brown (MK) (Entered: 08/22/1996)

Aug. 20, 1996

Aug. 20, 1996

PACER
32

STATUS REPORT by defendant David Stipe, defendant Michael Hutchin, defendant Barry Baker, defendant Joe Geldrich (MK) (Entered: 08/22/1996)

Aug. 20, 1996

Aug. 20, 1996

PACER

MINUTES: case management ddl satisfied on 8/20/96 by filing of status reports (MK)

Aug. 22, 1996

Aug. 22, 1996

PACER

FILE DELIVERED to Mag Judge Robert M. Holter for review of status reports (MK)

Aug. 22, 1996

Aug. 22, 1996

PACER
33

ORDER by Mag Judge Robert M. Holter: status hearing on pending settlement negotiations set for 11:15AM on 10/11/96 in Msla, MT (cc: all counsel) (MJG) (Entered: 09/26/1996)

Sept. 23, 1996

Sept. 23, 1996

PACER
34

MOTION by plaintiff, defendant for order that defendants post copies of "Notice to Inmates" in appropriate locations of the Lake County Detention Center for a period of 25 continuous days, beginning on the fifth day following date of this order; and for defendants to provide copy of proposed Consent Decree, Order and Judgment which has been executed by the parties, and the Montana Jail Standards for Detention Facilities for which it refers, to all inmates who request opportunity to review them (MK) (NOS). (Entered: 10/07/1996)

Oct. 7, 1996

Oct. 7, 1996

PACER
35

ORDER by Mag Judge Robert M. Holter granting motion for order that defendants post copies of "Notice to Inmates" in appropriate locations of the Lake County Detention Center for a period of 25 continuous days, beginning on the fifth day following date of this order; and for defendants to provide copy of proposed Consent Decree, Order and Judgment which has been executed by the parties, and the Montana Jail Standards for Detention Facilities for which it refers, to all inmates who request opportunity to review them [34-1] (cc: all counsel; C/C Missoula) (MK) (NOS). (Entered: 10/07/1996)

Oct. 7, 1996

Oct. 7, 1996

PACER

MINUTES: Status hearing VACATED 10/7/96; case management ddl set for 12/2/96 for review of settlement status before Mag Judge Robert M. Holter (MK)

Oct. 7, 1996

Oct. 7, 1996

PACER

PROPOSED Consent Decree/Judgment delivered to Mag Judge Robert M. Holter for review (MK)

Oct. 15, 1996

Oct. 15, 1996

PACER
36

CONSENT DECREE, ORDER AND JUDGMENT: by Mag Judge Robert M. Holter adopting Consent Decree and dismissing case (cc: all counsel) (MK) (NOS). (Entered: 10/29/1996)

Oct. 24, 1996

Oct. 24, 1996

Clearinghouse

PROPOSED lodged stip/joint mtn & order submitted by plaintiffs; TO RMH (LAV)

Oct. 30, 1996

Oct. 30, 1996

PACER
37

ORDER by Mag Judge Robert M. Holter granting motion to extend time to file motion per stipulation to 11/20/96 37 [37-1], granting stipulation [37-1] (cc: all counsel) (MK) (Motion and Order on page 2 of Stipulation.) (NOS) (Entered: 11/06/1996)

Nov. 4, 1996

Nov. 4, 1996

PACER
38

BILL OF COSTS submitted by plaintiff re [36-2] (MK) (Entered: 11/06/1996)

Nov. 4, 1996

Nov. 4, 1996

PACER
39

ORDER by Mag Judge Robert M. Holter granting motion to extend to 12/9/96 time for plaintiffs to file motion for award of reasonable attorneys' fees, costs and expenses [39-1] (cc: all counsel) (MK) (Entered: 11/20/1996)

Nov. 18, 1996

Nov. 18, 1996

PACER
40

STIPULATION and ORDER by Mag Judge Robert M. Holter : that pltf shall have until 1/13/97 to file their mtn for an award of attys fees, costs & expenses (cc: all counsel) (LAV) (Entered: 12/13/1996)

Dec. 12, 1996

Dec. 12, 1996

PACER
41

NOTICE of Change of Address for Stephen L. Pevar & the American Civil Liberties Union to 1888 Sherman St, Suite 380, Denver, CO 80203; phone 303-839-5752 (sent cpy to Debbie in Blgs) (MJG) (Entered: 01/06/1997)

Jan. 2, 1997

Jan. 2, 1997

PACER

MINUTES: received letter dated 4-1-97 from Dennis W. Sessions, c/o Lake Co. Sheriff's Office, Polson, MT 59860, listing violations of the consent decree entered in this matter. Copies of this complaint were mailed to all counsel of record. (MK)

April 14, 1997

April 14, 1997

PACER

FILE DELIVERED to C/C Missoula for filing in closed files (MK)

April 14, 1997

April 14, 1997

PACER
42

MEMORANDUM/BRIEF by plaintiff Wayne Brown, plaintiff Reynaldo Thompson, plaintiff Angela Hawkins, plaintiff Douglas Matt, plaintiff Harry Lozeau in support of motion for order requiring defendants to appear and show cause why they should not be found in contempt of court for violations of Consent Decree in this case [42-1] (MK) Modified on 10/31/1997 (Entered: 10/31/1997)

Oct. 30, 1997

Oct. 30, 1997

PACER

MINUTES: regarding [42-1] ; case management ddl set for 11/10/97 for defendants to file response to motion before Mag Judge Robert M. Holter C/R: n/a (MK)

Oct. 31, 1997

Oct. 31, 1997

PACER

REMARK - copy of motion 42 delivered to court for review (MK)

Oct. 31, 1997

Oct. 31, 1997

PACER
43

ORDER by Mag Judge Robert M. Holter granting motion for order requiring defendants to appear and show cause why should not be found in contempt of court for violations of Consent Decree in this case [42-1] ; status hearing set for 1:30 11/20/97 in MISSOULA; parties are to arrange for inspection tour of Lake County Detention Center for the court and court staff members, counsel for the parties, at 10:30 a.m. on 11/21/97 (cc: all counsel) (MK) (Entered: 11/04/1997)

Nov. 4, 1997

Nov. 4, 1997

PACER
44

RESPONSE to Motion for Order to Show Cause, by defendant Joe Geldrich, defendant Barry Baker, defendant Michael Hutchin, defendant David Stipe, defendant Lake County, Montana (KJH) (NOS). (Entered: 12/04/1997)

Nov. 19, 1997

Nov. 19, 1997

PACER
45

MINUTES: before Mag Judge Robert M. Holter; Mark S. Connell, atty for pltfs and Robert S. Sheridan, atty for dfts present for status hearing; also present Robert Long, Deputy County Attorney for Lake county; on mtn of atty Sheridan, Robert Long and Lake County Attorney Kim Christopher added as dft cnsl; following discussion, crt ruled that depositions relative to the issue of noncompliance with the Consent Decree are to be completed by 1/15/98; evidentiary hearing to be scheduled approx 1/20/98; crt and counsel will make informal viewing of Lake County Jail on 1/20/97 C/R: Julie Lake (KJH) (Entered: 12/04/1997)

Nov. 20, 1997

Nov. 20, 1997

PACER
46

ORDER by Mag Judge Robert M. Holter: (Status hearing held 11/20/97); Evidentiary hearing re pltfs' mtn to show cause why defts should not be held in contempt for violations of crt's Consent Decree, set for 9:00am on 1/23/98 IN MISSOULA ; exhibits pertaining to hrg shall be filed by 1/20/98 (cc: all counsel) (MJG) Modified on 12/04/1997 (Entered: 12/02/1997)

Dec. 1, 1997

Dec. 1, 1997

PACER

FILE DELIVERED to Great Falls from Missoula by certified mail (KJH)

Dec. 4, 1997

Dec. 4, 1997

PACER
47

ORDER by Mag Judge Robert M. Holter: Evidentiary hrg set for 1/23/98 at 9:00am in Msla will be held instead at Lake Cnty Courthouse in Polson, MT (same date & time) (cc: all counsel) (MJG) (Entered: 12/05/1997)

Dec. 5, 1997

Dec. 5, 1997

PACER

REMARK; per information from L/C C. Lewis/RMH, hrg will not go as sched on 1/23/98; crt is awaiting stlmnt documents (LAV)

Jan. 15, 1998

Jan. 15, 1998

PACER
48

ORDER by Mag Judge Robert M. Holter: Issued involved in pltfs' mtn to show cause for contempt have been resolved by agreement between parties; In-court hearing set for 1/23/98 is VACATED (cc: all counsel) (MJG) (Entered: 01/23/1998)

Jan. 23, 1998

Jan. 23, 1998

PACER
49

STIPULATION, JOINT MOTION & ORDER RE CONTEMPT, by Mag Judge Robert M. Holter (cc: all counsel) (MJG) (NOS). (Entered: 01/27/1998)

Jan. 27, 1998

Jan. 27, 1998

PACER

FILE DELIVERED to C/C Msla by cert mail #P413352 (MJG)

Jan. 27, 1998

Jan. 27, 1998

PACER
50

MEMORANDUM/BRIEF by plaintiff Wayne Brown, plaintiff Reynaldo Thompson, plaintiff Angela Hawkins, plaintiff Douglas Matt, plaintiff Harry Lozeau in support of motion for award of attorney fees [50-1] (MJG) (Entered: 02/06/1998)

Feb. 3, 1998

Feb. 3, 1998

PACER

FILE DELIVERED to Great Falls from Missoula by certified mail (KJH)

Feb. 6, 1998

Feb. 6, 1998

PACER
51

MINUTES: that the Plaintiff's motion for award of attorney fees [50-1] is submitted before Magistrate Judge Richard F. Cebull (REW) (Entered: 03/04/1998)

March 4, 1998

March 4, 1998

PACER
52

ORDER by Magistrate Judge Richard F. Cebull finding the motion for award of attorney fees [50-1] moot by the agreement between the parties, Pltf's Motion for Award of Attorney's Fees is dismissed as to the $19,380.10 claim. If there remains a dispute as to attorneys' fees & expenses incurred after the filing of the motion, Pltfs are advised to file a new motion delineating those fees and expenses. For now, the issue of fees & expenses is considered resolved by this Court. (cc: all counsel) (LJM) (Entered: 10/15/1998)

Oct. 14, 1998

Oct. 14, 1998

PACER

FILE DELIVERED to Msla by cert mail for closure (REW)

Dec. 15, 1998

Dec. 15, 1998

PACER

RECEIVED file from GTF-Judge Cebull does not want file-returned to storage (MGS)

Dec. 16, 1998

Dec. 16, 1998

PACER
53

MOTION by plaintiff Wayne Brown, plaintiff Reynaldo Thompson, plaintiff Angela Hawkins, plaintiff Douglas Matt, plaintiff Harry Lozeau for order to show cause why the defendants should not be held in contempt, and for order setting discovery (LJM) (NOS). (Entered: 02/01/1999)

Feb. 1, 1999

Feb. 1, 1999

PACER

PROPOSED Order Setting Discovery Schedule submitted by plaintiff Wayne Brown, plaintiff Reynaldo Thompson, plaintiff Angela Hawkins, plaintiff Douglas Matt, plaintiff Harry Lozeau...to RFC. (LJM)

Feb. 1, 1999

Feb. 1, 1999

PACER

FILE DELIVERED by certified mail to Great Falls for review by Judge Cebull (SAN)

Feb. 2, 1999

Feb. 2, 1999

PACER
54

ORDER SETTING DISCOVERY SCHEDULE by Magistrate Judge Richard F. Cebull: parties may engage in reasonable disc for 120 days, to 6/3/99, re whether defts have maintained full compliance w/crt's Consent Decree; parties to file status rpt stating whether issues raised have been resolved & whether further proceedings are necessary, by 7/5/99 (cc: all counsel) (MJG) (Entered: 02/04/1999)

Feb. 4, 1999

Feb. 4, 1999

PACER
55

MOTION by plaintiff Wayne Brown, plaintiff Reynaldo Thompson, plaintiff Angela Hawkins, plaintiff Douglas Matt, plaintiff Harry Lozeau for summary judgment (LJM) (NOS). (Entered: 04/13/1999)

April 12, 1999

April 12, 1999

PACER
56

RESPONSE by defendant Joe Geldrich, defendant Barry Baker, defendant Michael Hutchin, defendant David Stipe, defendant Lake County, Montana to motion for summary judgment [55-1] (LJM) (NOS). (Entered: 04/13/1999)

April 12, 1999

April 12, 1999

PACER
57

AFFIDAVIT of Stephen L. Pevar re [55-1] Motion for Summary Judgment (LJM) (Entered: 04/13/1999)

April 12, 1999

April 12, 1999

PACER
58

REPLY by plaintiff Wayne Brown, plaintiff Reynaldo Thompson, plaintiff Angela Hawkins, plaintiff Douglas Matt, plaintiff Harry Lozeau to response to motion for summary judgment [55-1] file delivered to: RFC (LJM) (NOS). (Entered: 04/26/1999)

April 21, 1999

April 21, 1999

PACER
59

MINUTES: that the Pltf's motion for summary judgment [55-1] is submitted, that the Pltf's motion for order to show cause why the defendants should not be held in contempt [53-1] is submitted, that the Pltf's motion for order setting discovery [53-2] is submitted before Magistrate Judge Richard F. Cebull (REW) (Entered: 04/27/1999)

April 27, 1999

April 27, 1999

PACER
60

MOTION by defendant Joe Geldrich, defendant Barry Baker, defendant Michael Hutchin, defendant David Stipe, defendant Lake County, Montana to terminate consent decree (LJM) (NOS). (Entered: 04/30/1999)

April 29, 1999

April 29, 1999

PACER
61

ORDER by Magistrate Judge Richard F. Cebull denying motion for summary judgment [55-1], regarding Motion for Contempt, [53-1] Deft not required to respond to Pltf Motion for contempt until further order of this Court. ; status hearing set for 1:30 7/22/99 by phone, to be intiated by pltf. (cc: all counsel) (LJM) (NOS). (Entered: 04/30/1999)

April 30, 1999

April 30, 1999

PACER
62

MEMORANDUM/BRIEF by plaintiff Wayne Brown, plaintiff Reynaldo Thompson, plaintiff Angela Hawkins, plaintiff Douglas Matt, plaintiff Harry Lozeau in support of motion to have unanswered requests for admission deemed admitted [62-1] (LJM) (Entered: 05/04/1999)

April 30, 1999

April 30, 1999

PACER
63

MEMORANDUM/BRIEF by plaintiff Wayne Brown, plaintiff Reynaldo Thompson, plaintiff Angela Hawkins, plaintiff Douglas Matt, plaintiff Harry Lozeau in support of motion to compel [63-1], of motion for sanctions [63-2] (LJM) (Entered: 05/04/1999)

April 30, 1999

April 30, 1999

PACER
64

AFFIDAVIT of Stephen L. Pevar re [62-1] Motion to have Unanswered Requests for Admission Deemed Admitted. (LJM) (NOS). (Entered: 05/04/1999)

April 30, 1999

April 30, 1999

PACER
65

RESPONSE by defendant Joe Geldrich, defendant Barry Baker, defendant Michael Hutchin, defendant David Stipe, defendant Lake County, Montana to motion to compel [63-1], to motion for sanctions [63-2], to motion to have unanswered requests for admission deemed admitted [62-1] (LJM) (NOS). (Entered: 05/05/1999)

May 4, 1999

May 4, 1999

PACER

REMARK - Vol. 2 begins here ....................... (TLO)

May 6, 1999

May 6, 1999

PACER
66

MOTION by plaintiffs to extend discovery deadline (called cnsl for proposed order) (TLO) Modified on 05/10/1999 (Entered: 05/10/1999)

May 7, 1999

May 7, 1999

PACER

Case Details

State / Territory: Montana

Case Type(s):

Jail Conditions

Key Dates

Filing Date: June 30, 1995

Closing Date: 2000

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Inmates at the Lake County Jail in Polson, Montana

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Lake County (Polson, Lake), County

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

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1996 - 1999

Content of Injunction:

Hire

Other requirements regarding hiring, promotion, retention

Issues

General:

Access to lawyers or judicial system

Bathing and hygiene

Classification / placement

Fire safety

Food service / nutrition / hydration

Law library access

Mail

Phone

Recreation / Exercise

Religious programs / policies

Sanitation / living conditions

Staff (number, training, qualifications, wages)

Totality of conditions

Visiting

Crowding:

Crowding / caseload

Medical/Mental Health:

Dental care

Medical care, general

Type of Facility:

Government-run