Case: Evenson-Childs v. Ravalli County Sheriff's Office

9:21-cv-00089 | U.S. District Court for the District of Montana

Filed Date: Aug. 9, 2021

Case Ongoing

Clearinghouse coding complete

Case Summary

Plaintiff, a homeless resident of the state of Montana, filed this putative class action against Ravalli County Sheriff’s Office on August 9, 2021 in the U.S. District Court for the District of Montana. She challenged the Office’s practice of charging pre-trial arrestees released on bail for various forms of pre-trial supervision, such as ankle monitors and breathalyzers, and of requiring pre-trial arrestees to sign a contract stating that they can be criminally charged with felony theft and c…

Plaintiff, a homeless resident of the state of Montana, filed this putative class action against Ravalli County Sheriff’s Office on August 9, 2021 in the U.S. District Court for the District of Montana. She challenged the Office’s practice of charging pre-trial arrestees released on bail for various forms of pre-trial supervision, such as ankle monitors and breathalyzers, and of requiring pre-trial arrestees to sign a contract stating that they can be criminally charged with felony theft and criminal mischief if they do not maintain contact with their pre-trial officer or if they damage the supervision device. Plaintiff had already accrued more than $5,000 in pre-trial fees. She brought claims under 42 U.S.C. § 1983 for violations of her Fourteenth Amendment procedural due process and equal protection rights and her Eighth Amendment right to be free of cruel and unusual punishment. She also brought state law claims alleging violation of equal protection and social condition discrimination, false imprisonment, and coercive contracts in violation of due process. Plaintiff, represented by Equal Justice Under Law and Upper Seven Law, sought declaratory and injunctive relief, damages, and attorneys’ fees and costs. U.S. District Judge Dana L. Christensen was assigned.

In particular, plaintiff alleged that the Ravalli County Sheriff’s Office’s pre-trial release program functioned to push pre-trial arrestees further into the criminal legal system and to entrap them in a cycle of debt because of non-refundable, expensive supervision fees and the threat of further criminal charges for non-compliance. Pre-trial supervision, she alleged, was imposed without consideration of necessity or ability to pay, with fees set at the discretion of the pre-trial supervision unit of the Sheriff’s Office. Although the pre-trial fees operated as an extension of bail, she argued, no procedural protections or findings of guilt governed their imposition, as required. Moreover, the fees were imposed arbitrarily, without assessment of individual risk or ability to pay, and without judicial supervision or apparent limit. Those without houses, like plaintiff, were required to wear an ankle monitoring device or pay an expensive cash deposit before they would be released from jail, which plaintiff challenged as status-based discrimination. Finally, she challenged the practice of revoking bail based on inability to pay pre-trial fees as criminalization of poverty and a violation of due process, as well as wealth-based discrimination.

Plaintiff sought to represent a class of “all persons who have been or will be: accused of a crime in Ravalli County, Montana, arrested, incarcerated, placed on pre-trial supervision, and charged pre-trial fees without ever being convicted for the crime for which supervision was ordered.” She further sought to bring the action as a representative of the following subclass: “All indigent persons who have been or will be: accused of a crime in Ravalli County, Montana, arrested, incarcerated, placed on pre-trial supervision, and charged pre-trial fees without ever being convicted for the crime for which supervision was ordered.”

As of September 30, 2021, the case is ongoing.

Summary Authors

Jonah Hudson-Erdman (9/12/2021)

Tessa Bialek (9/30/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/60120035/parties/evenson-childs-v-ravalli-county-sheriffs-office/


Judge(s)

Christensen, Dana Lewis (Montana)

DeSoto, Kathleen L. (Montana)

Attorneys(s) for Plaintiff

Baker, Natasha (District of Columbia)

Sommers-Flanagan, Rylee K (Montana)

Telfeyan, Phil (District of Columbia)

Van Kley, Constance (Montana)

Judge(s)

Christensen, Dana Lewis (Montana)

DeSoto, Kathleen L. (Montana)

Attorneys(s) for Plaintiff

Baker, Natasha (District of Columbia)

Sommers-Flanagan, Rylee K (Montana)

Telfeyan, Phil (District of Columbia)

Van Kley, Constance (Montana)

Documents in the Clearinghouse

Document

Docket [PACER]

Sept. 20, 2021 Docket
1

Class Action Complaint

Aug. 9, 2021 Complaint

Resources

Title Description External URL

Evenson-Childs v. Ravalli County Sheriff’s Office

Equal Justice Under Law

On August 9, 2021, Equal Justice Under Law filed a lawsuit against the Ravalli County Sheriff’s Office on behalf of hundreds of individuals being extorted money through pre-trial fees before ever bei… Aug. 9, 2021 https://equaljusticeunderlaw.org/evenson-childs-v-ravalli-county

Docket

See docket on RECAP: https://www.courtlistener.com/docket/60120035/evenson-childs-v-ravalli-county-sheriffs-office/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

CLASS ACTION COMPLAINT against Ravalli County Sheriff's Office filed by Teri Lea Evenson-Childs, individually and on behalf of all others similarly situated. (Attachments: # 1 Civil Cover Sheet) (NOS) (Entered: 08/09/2021)

1 Civil Cover Sheet

View on PACER

Aug. 9, 2021 RECAP

Filing fee: $402.00, receipt number 0977-2709304. (NOS)

Aug. 9, 2021 PACER

Filing Fee Received

Aug. 9, 2021 PACER
2

PRELIMINARY PRETRIAL CONFERENCE ORDERPreliminary Pretrial Statement due by 11/8/2021. Joint Discovery Plan due by 11/8/2021. Statement of Stipulated Facts due by 11/8/2021. Pretrial Conference set for 11/15/2021 at 02:00 PM in Missoula, MT before Magistrate Judge Kathleen L. DeSoto. Signed by Magistrate Judge Kathleen L. DeSoto on 8/10/2021. (TXB) (Entered: 08/10/2021)

Aug. 10, 2021 PACER
3

AMENDED COMPLAINT Teri Lea Evenson-Childs and Daniel O'Toole against All Defendants, filed by Teri Lea Evenson-Childs, Daniel O'Toole. (Van Kley, Constance) (Entered: 08/17/2021)

Aug. 17, 2021 PACER
4

MOTION Phil Telfeyan to Appear Pro Hac Vice ( Filing fee $ 262 receipt number 0977-2722425.) Constance Van Kley appearing for Plaintiffs Teri Lea Evenson-Childs, Daniel O'Toole Motions referred to Kathleen L. DeSoto. (Attachments: # 1 Affidavit) (Van Kley, Constance) (Entered: 09/07/2021)

Sept. 7, 2021 PACER
5

MOTION Natasha Baker to Appear Pro Hac Vice ( Filing fee $ 262 receipt number 0977-2722430.) Constance Van Kley appearing for Plaintiffs Teri Lea Evenson-Childs, Daniel O'Toole Motions referred to Kathleen L. DeSoto. (Attachments: # 1 Affidavit) (Van Kley, Constance) (Entered: 09/07/2021)

Sept. 7, 2021 PACER
6

WAIVER OF SERVICE Returned Executed by Teri Lea Evenson-Childs, Daniel O'Toole. Ravalli County Justice Court waiver sent on 8/19/2021, answer due 10/18/2021; Ravalli County Sheriff's Office waiver sent on 8/19/2021, answer due 10/18/2021. (Van Kley, Constance) (Entered: 09/07/2021)

Sept. 7, 2021 PACER
7

ORDER granting 4 Motion to Appear Pro Hac Vice for Attorney Phil Telfeyan for Teri Lea Evenson-Childs,Phil Telfeyan for Daniel O'Toole. Acknowledgment of PHV Order due by 9/23/2021. Signed by Magistrate Judge Kathleen L. DeSoto on 9/8/2021. (APP) (Entered: 09/08/2021)

Sept. 8, 2021 RECAP
8

ORDER granting 5 Motion to Appear Pro Hac Vice for Natasha Baker. Acknowledgment of PHV Order due by 9/23/2021. Signed by Magistrate Judge Kathleen L. DeSoto on 9/8/2021. (APP) (Entered: 09/08/2021)

Sept. 8, 2021 RECAP
9

NOTICE of Acknowledgment of Pro Hac Vice Order by Teri Lea Evenson-Childs, Daniel O'Toole re 7 Order on Motion to Appear Pro Hac Vice, (Telfeyan, Phil) (Entered: 09/09/2021)

Sept. 9, 2021 PACER
10

NOTICE of Acknowledgment of Pro Hac Vice Order by Teri Lea Evenson-Childs, Daniel O'Toole re 8 Order on Motion to Appear Pro Hac Vice (Baker, Natasha) (Entered: 09/09/2021)

Sept. 9, 2021 PACER
11

Summons Issued as to 21st Judicial District, Ravalli County. (KJL) (Entered: 09/20/2021)

Sept. 20, 2021 PACER
12

MOTION for Preliminary Injunction Rylee K. Sommers-Flanagan appearing for Plaintiffs Teri Lea Evenson-Childs, Daniel O'Toole Motions referred to Kathleen L. DeSoto. (Sommers-Flanagan, Rylee) (Entered: 10/01/2021)

Oct. 1, 2021 PACER
13

Brief/Memorandum in Support re 12 MOTION for Preliminary Injunction filed by Teri Lea Evenson-Childs, Daniel O'Toole. (Attachments: # 1 Exhibit A - Sample Jail Diversion Order, # 2 Exhibit B - Evenson-Childs Decl., # 3 Exhibit C - Evenson-Childs Sept. 2021 Decl., # 4 Exhibit D - O'Toole Decl., # 5 Exhibit E - Pfau Decl., # 6 Exhibit F - Johnson Decl., # 7 Exhibit G - Leonard Decl., # 8 Exhibit H - Hadley Decl., # 9 Exhibit I - Churchill Decl., # 10 Exhibit J - Turner Decl., # 11 Exhibit K - Evans Decl., # 12 Exhibit L - Heinzman Decl., # 13 Exhibit M - Sellers Decl., # 14 Exhibit N - Voth Decl., # 15 Exhibit O - Sutton Decl., # 16 Exhibit P - Sample Alcohol Monitoring Contract, # 17 Exhibit Q - Sample 24-7 Sobriety Program Contract) (Sommers-Flanagan, Rylee) (Entered: 10/01/2021)

Oct. 1, 2021 PACER
14

AFFIDAVIT of Service for Summons and Amended Complaint served on 21st Judicial District Court, Ravalli County on October 1, 2021, filed by Teri Lea Evenson-Childs, Daniel O'Toole. (Van Kley, Constance) (Entered: 10/08/2021)

Oct. 8, 2021 PACER
15

RESPONSE to Motion re 12 MOTION for Preliminary Injunction filed by Ravalli County Justice Court, Ravalli County Sheriff's Office. (Young, Mitchell) (Entered: 10/15/2021)

Oct. 15, 2021 PACER
16

NOTICE of Appearance by Mitchell A. Young on behalf of Ravalli County Justice Court, Ravalli County Sheriff's Office (Young, Mitchell) (Entered: 10/18/2021)

Oct. 18, 2021 PACER
17

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Mitchell A. Young appearing for Defendants Ravalli County Justice Court, Ravalli County Sheriff's Office Motions referred to Kathleen L. DeSoto. (Young, Mitchell) (Entered: 10/18/2021)

Oct. 18, 2021 PACER
18

Brief/Memorandum in Support re 17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Ravalli County Justice Court, Ravalli County Sheriff's Office. (Young, Mitchell) (Entered: 10/18/2021)

Oct. 18, 2021 PACER
19

Submission of Proposed Summons as to 21st Judicial District, Ravalli County, re 3 Amended Complaint (Van Kley, Constance) (Entered: 10/20/2021)

Oct. 20, 2021 PACER
20

Summons Issued as to Teri Lea Evenson-Childs. (MPB) (Entered: 10/20/2021)

Oct. 20, 2021 PACER
21

AFFIDAVIT of Service for Summons, First Amended Complaint, Motion for Preliminary Injunction and Supporting Brief, Preliminary Pretrial Conference Order served on 21st Judicial District Court, Ravalli County on October 20, 2021, filed by Teri Lea Evenson-Childs, Daniel O'Toole. (Van Kley, Constance) (Entered: 10/22/2021)

Oct. 22, 2021 PACER
22

Unopposed MOTION for Extension of Time to File Response/Reply as to 12 MOTION for Preliminary Injunction, 17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Constance Van Kley appearing for Plaintiffs Teri Lea Evenson-Childs, Daniel O'Toole Motions referred to Kathleen L. DeSoto. (Attachments: # 1 Text of Proposed Order) (Van Kley, Constance) (Entered: 10/25/2021)

Oct. 25, 2021 PACER
23

ORDER granting 22 Motion for Extension of Time to File Response/Reply re 22 Unopposed MOTION for Extension of Time to File Response/Reply as to 12 MOTION for Preliminary Injunction, 17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 12 MOTION for Preliminary Injunction Replies due by 11/12/2021. Signed by Magistrate Judge Kathleen L. DeSoto on 10/25/2021. (HSW) (Entered: 10/25/2021)

Oct. 25, 2021 PACER
24

MOTION remote appearance for plaintiffs' counsel re 2 Preliminary Pretrial Conference Order, Natasha Baker appearing for Plaintiffs Teri Lea Evenson-Childs, Daniel O'Toole Motions referred to Kathleen L. DeSoto. (Attachments: # 1 Exhibit Proposed Order) (Baker, Natasha) (Entered: 11/08/2021)

Nov. 8, 2021 PACER
25

PRELIMINARY PRETRIAL STATEMENT by Teri Lea Evenson-Childs, Daniel O'Toole. (Van Kley, Constance) (Entered: 11/08/2021)

Nov. 8, 2021 PACER
26

JOINT DISCOVERY PLAN by Teri Lea Evenson-Childs, Daniel O'Toole. (Van Kley, Constance) (Entered: 11/08/2021)

Nov. 8, 2021 PACER
27

STATEMENT OF STIPULATED FACTS by Teri Lea Evenson-Childs, Daniel O'Toole. (Van Kley, Constance) (Entered: 11/08/2021)

Nov. 8, 2021 PACER
28

PRELIMINARY PRETRIAL STATEMENT by Ravalli County Justice Court, Ravalli County Sheriff's Office. (Young, Mitchell) (Entered: 11/08/2021)

Nov. 8, 2021 PACER
29

ORDER granting 24 Motion to appear remotely Signed by Magistrate Judge Kathleen L. DeSoto on 11/8/2021. (HSW) (Entered: 11/09/2021)

Nov. 8, 2021 PACER
30

Unopposed MOTION to Amend/Correct 3 Amended Complaint Natasha Baker appearing for Plaintiffs Teri Lea Evenson-Childs, Daniel O'Toole Motions referred to Kathleen L. DeSoto. (Attachments: # 1 Exhibit proposed second amended complaint) (Baker, Natasha) (Entered: 11/10/2021)

Nov. 10, 2021 PACER
31

MINUTE ENTRYMinute Entry for proceedings held before Magistrate Judge Kathleen L. DeSoto: Initial Pretrial Conference held on 11/15/2021. (TXB) (Entered: 11/16/2021)

Nov. 15, 2021 PACER
32

SCHEDULING ORDER:. Final Pretrial Conference set for 1/12/2023 at 02:30 PM in Missoula, MT before Judge Dana L. Christensen. Jury Trial set for 1/23/2023 at 09:00 AM in Missoula, MT before Judge Dana L. Christensen. Amended Pleadings due by 12/15/2021. Discovery due by 9/16/2022. Motions due by 11/4/2022. Signed by Magistrate Judge Kathleen L. DeSoto on 11/16/2021. (TXB) (Entered: 11/16/2021)

Nov. 16, 2021 PACER
33

ORDER granting 30 Motion to Amend/Correct Signed by Magistrate Judge Kathleen L. DeSoto on 11/16/2021. (TXB) (Entered: 11/16/2021)

Nov. 16, 2021 PACER
34

SECOND AMENDED CLASS ACTION COMPLAINT against Ravalli County, Steve Holton, Jennifer Ray, Jim Bailey, Howard Recht, Jennifer B. Lint, filed by Teri Lea Evenson-Childs, Daniel O'Toole, Richard Churchill, Keith Leonard. (Baker, Natasha) (NOS) (Entered: 11/16/2021)

Nov. 16, 2021 PACER

Pretrial Conference - Initial

Nov. 16, 2021 PACER
35

Submission of Proposed Summons as to Howard Recht, re 34 Amended Complaint (Van Kley, Constance) (Entered: 11/17/2021)

Nov. 17, 2021 PACER
36

Submission of Proposed Summons as to Jennifer B. Lint, re 34 Amended Complaint (Van Kley, Constance) (Entered: 11/17/2021)

Nov. 17, 2021 PACER
37

Submission of Proposed Summons as to Jennifer Ray, re 34 Amended Complaint (Van Kley, Constance) (Entered: 11/17/2021)

Nov. 17, 2021 PACER
38

Submission of Proposed Summons as to Jim Bailey, re 34 Amended Complaint (Van Kley, Constance) (Entered: 11/17/2021)

Nov. 17, 2021 PACER
39

Summons Issued as to Jim Bailey, Jennifer Lint, Jennifer Ray, Howard Recht. (Attachments: # 1 Summons Issued - Lint, # 2 Summons Issued - Ray, # 3 Summons Issued - Bailey). Summons may be downloaded and printed by Plaintiffs for service. (NOS) (Entered: 11/17/2021)

Nov. 17, 2021 PACER
40

MOTION for Preliminary Injunction Natasha Baker appearing for Plaintiffs Richard Churchill, Teri Lea Evenson-Childs, Keith Leonard, Daniel O'Toole Motions referred to Kathleen L. DeSoto. (Baker, Natasha) (Entered: 11/18/2021)

Nov. 18, 2021 PACER
41

Brief/Memorandum in Support re 40 MOTION for Preliminary Injunction filed by Richard Churchill, Teri Lea Evenson-Childs, Keith Leonard, Daniel O'Toole. (Attachments: # 1 Exhibit Sample Jail Diversion Order, # 2 Exhibit Evenson-Childs Declaration, # 3 Exhibit Evenson-Childs Sept. 2021 Declaration, # 4 Exhibit O'Toole Declaration, # 5 Exhibit Churchill Declaration, # 6 Exhibit Leonard Declaration, # 7 Exhibit Pfau Declaration, # 8 Exhibit Johnson Declaration, # 9 Exhibit Hadley Declaration, # 10 Exhibit Voth Declaration, # 11 Exhibit Turner Declaration, # 12 Exhibit Evans Declaration, # 13 Exhibit Heinzman Declaration, # 14 Exhibit Sellers Declaration, # 15 Exhibit Stewart Declaration, # 16 Exhibit S. Sutton Declaration, # 17 Exhibit Waliser Declaration, # 18 Exhibit H. Sutton Declaration, # 19 Exhibit O'Toole Oct. 2021 Declaration, # 20 Exhibit Goff Declaration, # 21 Exhibit Sample Alcohol Ankle Monitor Contract, # 22 Exhibit Sample Drug Patch Contract, # 23 Exhibit Sample 247 Program Contract, # 24 Exhibit Springer Declaration, # 25 Exhibit Bundy Declaration) (Baker, Natasha) (Entered: 11/18/2021)

Nov. 18, 2021 PACER
42

MOTION for Extension of Time to File Answer re 34 Amended Complaint Mitchell A. Young appearing for Defendants Ravalli County Justice Court, Ravalli County Sheriff's Office Motions referred to Kathleen L. DeSoto. (Attachments: # 1 Text of Proposed Order) (Young, Mitchell) (Entered: 11/30/2021)

Nov. 30, 2021 PACER
43

MOTION for Extension of Time to File Response/Reply as to 40 MOTION for Preliminary Injunction Mitchell A. Young appearing for Defendants Ravalli County Justice Court, Ravalli County Sheriff's Office Motions referred to Kathleen L. DeSoto. (Attachments: # 1 Text of Proposed Order) (Young, Mitchell) (Entered: 11/30/2021)

Nov. 30, 2021 PACER
44

ORDER granting 42 Motion for Extension of Time to Answer re 42 MOTION for Extension of Time to File Answer re 34 Amended Complaint Stephen Holton answer due 12/14/2021; Ravalli County answer due 12/14/2021. Signed by Magistrate Judge Kathleen L. DeSoto on 12/1/2021. (TXB) (Entered: 12/01/2021)

Dec. 1, 2021 PACER
45

ORDER granting 43 Motion for Extension of Time to File Response/Reply re 43 MOTION for Extension of Time to File Response/Reply as to 40 MOTION for Preliminary Injunction, 40 MOTION for Preliminary Injunction Responses due by 12/16/2021. Signed by Magistrate Judge Kathleen L. DeSoto on 12/1/2021. (TXB) (Entered: 12/01/2021)

Dec. 1, 2021 PACER
46

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Mitchell A. Young appearing for Defendants Jim Bailey, Stephen Holton, Ravalli County, Jennifer Ray Motions referred to Kathleen L. DeSoto. (Young, Mitchell) (Entered: 12/14/2021)

Dec. 14, 2021 PACER
47

Brief/Memorandum in Support re 46 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Jim Bailey, Stephen Holton, Ravalli County, Jennifer Ray. (Young, Mitchell) (Entered: 12/14/2021)

Dec. 14, 2021 PACER
48

MOTION to Dismiss for Lack of Jurisdiction, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Thomas J. Leonard appearing for Defendants Jennifer Lint, Howard Recht Motions referred to Kathleen L. DeSoto. (Leonard, Thomas) (Entered: 12/16/2021)

Dec. 16, 2021 PACER
49

Brief/Memorandum in Support re 48 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Jennifer Lint, Howard Recht. (Attachments: # 1 Exhibit A-Judge Recht Declaration, # 2 Exhibit B-Judge Lint Declaration) (Leonard, Thomas) (Entered: 12/16/2021)

Dec. 16, 2021 PACER
50

RESPONSE to Motion re 40 MOTION for Preliminary Injunction filed by Jim Bailey, Stephen Holton, Ravalli County, Jennifer Ray. (Attachments: # 1 Affidavit of Stephen Holton) (Young, Mitchell) (Entered: 12/16/2021)

Dec. 16, 2021 PACER
51

RESPONSE to Motion re 46 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Richard Churchill, Teri Lea Evenson-Childs, Keith Leonard, Daniel O'Toole. (Baker, Natasha) (Entered: 12/22/2021)

Dec. 22, 2021 PACER
52

REPLY to Response to Motion re 40 MOTION for Preliminary Injunction filed by Richard Churchill, Teri Lea Evenson-Childs, Keith Leonard, Daniel O'Toole. (Baker, Natasha) (Entered: 12/22/2021)

Dec. 22, 2021 PACER
53

Unopposed MOTION for Extension of Time to File Response/Reply as to 48 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Natasha Baker appearing for Plaintiffs Richard Churchill, Teri Lea Evenson-Childs, Keith Leonard, Daniel O'Toole Motions referred to Kathleen L. DeSoto. (Attachments: # 1 Text of Proposed Order) (Baker, Natasha) (Entered: 12/27/2021)

Dec. 27, 2021 PACER
54

ORDER granting 53 Motion for Extension of Time to File Response/Reply re 53 Unopposed MOTION for Extension of Time to File Response/Reply as to 48 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 48 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Responses due by 1/10/2022. Signed by Magistrate Judge Kathleen L. DeSoto on 12/27/2021. (TXB) (Entered: 12/27/2021)

Dec. 27, 2021 PACER
55

MOTION for Extension of Time to File Response/Reply as to 51 Response to Motion Mitchell A. Young appearing for Defendants Ravalli County Justice Court, Ravalli County Sheriff's Office Motions referred to Kathleen L. DeSoto. (Attachments: # 1 Text of Proposed Order) (Young, Mitchell) (Entered: 01/05/2022)

Jan. 5, 2022 PACER
56

ORDER granting 55 Motion for Extension of Time to File Response/Reply re 55 MOTION for Extension of Time to File Response/Reply as to 51 Response to Motion Signed by Magistrate Judge Kathleen L. DeSoto on 1/5/2022. (HSW) (Main Document 56 replaced on 1/5/2022. Original order not signed.) (KJL). (Entered: 01/05/2022)

Jan. 5, 2022 PACER
57

RESPONSE to Motion re 48 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Richard Churchill, Teri Lea Evenson-Childs, Keith Leonard, Daniel O'Toole. (Baker, Natasha) (Entered: 01/06/2022)

Jan. 6, 2022 PACER
58

REPLY to Response to Motion re 46 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Jim Bailey, Stephen Holton, Ravalli County, Jennifer Ray. (Young, Mitchell) (Entered: 01/07/2022)

Jan. 7, 2022 PACER
59

REPLY to Response to Motion re 48 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Jennifer Lint, Howard Recht. (Leonard, Thomas) (Entered: 01/19/2022)

Jan. 19, 2022 PACER
60

MOTION to Certify Class Constance Van Kley appearing for Plaintiffs Richard Churchill, Teri Lea Evenson-Childs, Keith Leonard, Daniel O'Toole Motions referred to Kathleen L. DeSoto. (Van Kley, Constance) (Entered: 04/08/2022)

April 8, 2022 PACER
61

Brief/Memorandum in Support re 60 MOTION to Certify Class filed by Richard Churchill, Teri Lea Evenson-Childs, Keith Leonard, Daniel O'Toole. (Attachments: # 1 Declaration of Tristin Davis, # 2 Declaration of Lewis Somerlot, Jr., # 3 Declaration of Derrik Riebling, # 4 Declaration of Tiva Merson, # 5 Declaration of John Kramer, # 6 Declaration of Aaron Olbricht, # 7 Declaration of Justin Warila, # 8 Declaration of Summer Boland, # 9 Declaration of Ken Thurman, # 10 Declaration of Tracy Pfau Feb. 2022, # 11 Declaration of Bonnie Jean Thurman, # 12 Declaration of Charles Post, # 13 Declaration of Lawrence Jakub, # 14 Declaration of Ragan Converse, # 15 Declaration of Billy Martin, # 16 Declaration of Tyler LaRue, # 17 Declaration of Daniel Loeffler, # 18 Jail Diversion Program Notes, # 19 Email from Program Administrator Ellsworth, # 20 Email from Program Lieutenant Colgan, # 21 Email from Lieutenant Colgan, # 22 Email from Lieutenant Colgan, # 23 Sample Conditions of Release Order, # 24 Email from Lieutenant Colgan, # 25 Sign-In Sheet for Jail Diversion Program, # 26 Jail Diversion Program List, # 27 Email from Administrator Ellsworth, # 28 Email from Administrator Ellsworth, # 29 Email from Administrator Ellsworth, # 30 Declaration of Natasha Baker, # 31 Email from Lieutenant Colgan to Sheriff Holton, # 32 Account Ledger for Plaintiff Churchill) (Van Kley, Constance) (Entered: 04/08/2022)

April 8, 2022 PACER
62

MOTION for Extension of Time to File Response/Reply as to 60 MOTION to Certify Class Mitchell A. Young appearing for Defendants Jim Bailey, Stephen Holton, Ravalli County, Jennifer Ray Motions referred to Kathleen L. DeSoto. (Attachments: # 1 Text of Proposed Order) (Young, Mitchell) (Entered: 04/22/2022)

April 22, 2022 PACER
63

ORDER granting 62 Motion for Extension of Time to File Response/Reply re 62 MOTION for Extension of Time to File Response/Reply as to 60 MOTION to Certify Class, 60 MOTION to Certify Class Responses due by 5/6/2022. Signed by Magistrate Judge Kathleen L. DeSoto on 4/25/2022. (TXB) (Entered: 04/25/2022)

April 25, 2022 PACER
64

Unopposed MOTION for Extension of Time to File Response/Reply as to 60 MOTION to Certify Class Thomas J. Leonard appearing for Defendants Jennifer Lint, Howard Recht Motions referred to Kathleen L. DeSoto. (Attachments: # 1 Text of Proposed Order) (Leonard, Thomas) (Entered: 04/25/2022)

April 25, 2022 PACER
65

ORDER granting 64 Motion for Extension of Time to File Response/Reply re 64 Unopposed MOTION for Extension of Time to File Response/Reply as to 60 MOTION to Certify Class Signed by Magistrate Judge Kathleen L. DeSoto on 4/25/2022. (HSW) (Entered: 04/25/2022)

April 25, 2022 PACER
66

Extension of Time to File Response/Reply AND Extension of Time to File Document

May 5, 2022 PACER
67

Order on Motion for Extension of Time to File Response/Reply

May 5, 2022 PACER
68

Response to Motion

May 6, 2022 PACER
69

Response to Motion

May 10, 2022 PACER

State / Territory: Montana

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Fines/Fees/Bail Reform (Criminalization of Poverty)

Key Dates

Filing Date: Aug. 9, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A homeless resident of Montana, on behalf of “all persons who have been or will be: accused of a crime in Ravalli County, Montana, arrested, incarcerated, placed on pre-trial supervision, and charged pre-trial fees without ever being convicted for the crime for which supervision was ordered," and a subclass of all indigent persons in that category.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Equal Justice Under Law

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Ravalli County Sheriff's Office (Hamilton, Ravalli), County

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Equal Protection

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Fines/Fees/Bail/Bond