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

Equal Justice Under Law

U.S. Department of Justice

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

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Filing Fee Received

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

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)

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)

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)

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)

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)

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)

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)

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)

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)

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

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)

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)

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)

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)

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)

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)

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)

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

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

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)

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)

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)

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)

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

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

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

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

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

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)

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)

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)

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

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)

Pretrial Conference - Initial

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

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

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

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

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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

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

Response to Motion

Response to Motion

Extension of Time to File Response/Reply

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

Reply to Response to Motion

Reply to Response to Motion

Vacate

Order on Motion to Vacate

Order Setting Hearing on Motion - SDM

Motion Hearing - SDM

Findings and Recommendations - SDM

ORDER ADOPTING 78 FINDINGS AND RECOMMENDATIONS in full; granting 48 Defendants District Court Judges' Motion to Dismiss; granting in part and denying in part 46 County Defendants' Motion to Dismiss; denying 40 Plaintiffs' Renewed Motion for Preliminary Injunction; granting in part and denying in part 60 Plaintiffs' Motion for Class Certification. See Order for full details. Signed by Judge Dana L. Christensen on 3/21/2023. (SGN)

Order Setting - MT

Answer to Amended Complaint

Scheduling Order - SDM

Pretrial Conference - Initial

Terminate Deadlines and Hearings

Terminate Deadlines and Hearings