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 in the U.S. District Court for the District of Montana on August 9, 2021. 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 cr…

Plaintiff, a homeless resident of the state of Montana, filed this putative class action against Ravalli County Sheriff’s Office in the U.S. District Court for the District of Montana on August 9, 2021. 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. The 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, the 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.

The 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.”

The plaintiff subsequently filed two amended complaints. The second amended complaint, filed on November 16, 2021, included additional plaintiffs and four additional defendants: two justices of the peace for the Justice Court of Ravalli County and two judges for the 21st Judicial District Court. The complaint alleged that the judicial officers assigned arrestees to the pre-trial release program without assessing whether the arrestees could afford to pay the program's fees. Moreover, the complaint alleged that there was no judicial review of the program's fee requirements, and the judicial officers revoked arrestees' bail when they failed to pay the program's fees.

On November 18, 2021, the plaintiffs filed a renewed motion for a preliminary injunction prohibiting the county from charging any fees associated with the program or detaining anyone who failed to pay the fees. The motion was denied on March 21, 2023. The court determined that the injunction would "alter the status quo," and the plaintiffs had not shown that the "facts and law clearly favor" their due process or equal protection claims.

The parties filed several motions between December 2021 and April 2022. On December 16, 2021, the county defendants (i.e., the county, the Sheriff's Office, and the justices of the peace) filed a motion to dismiss the complaint for failure to state a claim. Two days later, the District Court judges filed a motion to dismiss the complaint for lack of jurisdiction. On April 8, 2022, the plaintiffs filed a motion for class certification. Magistrate Judge Kathleen L. DeSoto held a hearing on these motions on August 4, 2022.

On January 13, 2023, Judge DeSoto issued her findings and recommendations on the parties' motions. 2023 WL 2705902. First, the court found that the plaintiffs had not established Article III standing against the judicial officers. Based on the facts in the complaint, the judges were acting in adjudicatory capacity, and there was no "adversity of interest" necessary to establish standing. Second, the court noted that the claims against the Ravalli County Sheriff were duplicative of the claims against the county itself. Third, the court determined that plaintiffs adequately stated their due process and equal protection claims against the county. Fourth, Judge DeSoto recommended that the court deny the plaintiff's motion for a preliminary injunction. Fifth, the court  recommended certification only for a portion of the plaintiffs' claims, defining the class as "[a]ll indigent persons who are or will be: accused of a crime in Ravalli County, Montana, arrested, incarcerated, placed on the Jail Diversion Program, and charged pretrial fees without having been convicted for the crime for which the Jail Diversion Program was ordered." On March 21, 2023, Judge Christensen adopted these recommendations in full. See 2023 WL 2583261.

The court scheduled a final pretrial conference for May 23, 2024. On January 12, 2024, the plaintiffs filed a motion for partial summary judgment as to liability. The county filed its own motion for summary judgment on the same day. Both motions are pending.

As of March 17, 2024, the case is ongoing.

Summary Authors

Jonah Hudson-Erdman (9/12/2021)

Tessa Bialek (9/30/2021)

Andrew Del Vecchio (3/9/2024)

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)

Attorney for Plaintiff

Baker, Natasha (District of Columbia)

Sommers-Flanagan, Rylee K (Montana)

Telfeyan, Phil (District of Columbia)

show all people

Documents in the Clearinghouse

Document

9:21-cv-00089

Docket [PACER]

Sept. 20, 2021

Sept. 20, 2021

Docket
1

9:21-cv-00089

Class Action Complaint

Aug. 9, 2021

Aug. 9, 2021

Complaint
34

9:21-cv-00089

Second Amended Class Action Complaint and Jury Demand

Evenson-Childs v. Ravalli County

Nov. 16, 2021

Nov. 16, 2021

Complaint
78

9:21-cv-00089

FIndings & Recommendation

Evenson-Childs v. Ravalli County

Jan. 13, 2023

Jan. 13, 2023

Order/Opinion

2023 WL 2023

79

9:21-cv-00089

Order

Evenson-Childs v. Ravalli County

March 21, 2023

March 21, 2023

Order/Opinion

2023 WL 2023

92

9:21-cv-00089

Order

Evenson-Childs v. Ravalli County

Nov. 20, 2023

Nov. 20, 2023

Order/Opinion
94

9:21-cv-00089

Order

O'Toole v. Ravalli County

Nov. 28, 2023

Nov. 28, 2023

Order/Opinion

Resources

Docket

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

Last updated March 9, 2024, 11:06 a.m.

ECF Number Description Date Link 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

Aug. 9, 2021

Clearinghouse

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

Aug. 9, 2021

Aug. 9, 2021

PACER

Filing Fee Received

Aug. 9, 2021

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

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

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

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

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

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

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

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

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

Sept. 9, 2021

PACER
11

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

Sept. 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

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

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

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

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

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

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

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

Oct. 20, 2021

PACER
20

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

Oct. 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

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

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

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

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

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

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

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

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

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

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

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

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

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

Nov. 16, 2021

Clearinghouse

Pretrial Conference - Initial

Nov. 16, 2021

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

April 25, 2022

PACER
66

MOTION for Extension of Time to File, Second 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: 05/05/2022)

May 5, 2022

May 5, 2022

PACER
67

ORDER granting 66 Motion for Extension of Time to File Response/Reply re 66 MOTION for Extension of Time to File Second MOTION for Extension of Time to File Response/Reply as to 60 MOTION to Certify Class, 60 MOTION to Certify Class Responses due by 5/9/2022. Signed by Magistrate Judge Kathleen L. DeSoto on 5/5/2022. (TXB) (Entered: 05/05/2022)

May 5, 2022

May 5, 2022

PACER
68

RESPONSE to Motion re 60 MOTION to Certify Class filed by Jennifer Lint, Howard Recht. (Attachments: # 1 Affidavit A-Judge Recht Declaration, # 2 Affidavit B-Judge Lint Declaration) (Leonard, Thomas) (Entered: 05/06/2022)

May 6, 2022

May 6, 2022

PACER
69

RESPONSE to Motion re 60 MOTION to Certify Class filed by Jim Bailey, Stephen Holton, Ravalli County, Jennifer Ray. (Attachments: # 1 Exhibit A. Aff. of JP Ray, # 2 Exhibit B. Aff. of JP Bailey, # 3 Exhibit C. Aff. of S. Fisher) (Young, Mitchell) (Entered: 05/09/2022)

May 9, 2022

May 9, 2022

PACER
70

Unopposed MOTION for Extension of Time to File Response/Reply as to 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. (Attachments: # 1 Proposed order) (Van Kley, Constance) (Entered: 05/19/2022)

May 19, 2022

May 19, 2022

PACER
71

ORDER granting 70 Motion for Extension of Time to File Response/Reply re 70 Unopposed MOTION for Extension of Time to File Response/Reply as to 60 MOTION to Certify Class, 60 MOTION to Certify Class Replies due by 5/31/2022. Signed by Magistrate Judge Kathleen L. DeSoto on 5/19/2022. (TXB) (Entered: 05/19/2022)

May 19, 2022

May 19, 2022

PACER
72

REPLY to Response to Motion re 60 MOTION to Certify Class Reply to Response filed by District Court Judges filed by Richard Churchill, Teri Lea Evenson-Childs, Keith Leonard, Daniel O'Toole. (Van Kley, Constance) (Entered: 05/31/2022)

May 31, 2022

May 31, 2022

PACER
73

REPLY to Response to Motion re 60 MOTION to Certify Class Reply to Response filed by County Defendants filed by Richard Churchill, Teri Lea Evenson-Childs, Keith Leonard, Daniel O'Toole. (Van Kley, Constance) (Entered: 05/31/2022)

May 31, 2022

May 31, 2022

PACER
74

Joint MOTION to Vacate Current Deadlines Pending Resolution of Defendants' Motions to Dismiss and Plainitffs' Motion for Certification 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: 06/09/2022)

June 9, 2022

June 9, 2022

PACER
75

ORDER granting 74 Motion to Vacate 74 Joint MOTION to Vacate Current Deadlines Pending Resolution of Defendants' Motions to Dismiss and Plainitffs' Motion for Certification Signed by Magistrate Judge Kathleen L. DeSoto on 6/9/2022. (HSW) (Entered: 06/09/2022)

June 9, 2022

June 9, 2022

PACER
76

ORDER Setting Hearing on Motion 40 MOTION for Preliminary Injunction, 60 MOTION to Certify Class, 48 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 46 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM : Court Reporter: Jan Davis, District of Wyoming, will report., Motion Hearing set for 9/7/2022 at 09:00 AM in Missoula, MT before Magistrate Judge Kathleen L. DeSoto. Signed by Magistrate Judge Kathleen L. DeSoto on 8/4/2022. (TXB) Modified on 8/19/2022 (SAC). Modified on 8/19/2022 (SAC). (Entered: 08/04/2022)

Aug. 4, 2022

Aug. 4, 2022

PACER
77

MINUTE ENTRY for proceedings held before Magistrate Judge Kathleen L. DeSoto: Motion Hearing held on 9/7/2022 re 60 MOTION to Certify Class filed by Teri Lea Evenson-Childs, Richard Churchill, Keith Leonard, Daniel O'Toole, 40 MOTION for Preliminary Injunction filed by Teri Lea Evenson-Childs, Richard Churchill, Keith Leonard, Daniel O'Toole, 48 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Jennifer Lint, Howard Recht, 46 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Ravalli County, Jim Bailey, Stephen Holton, Jennifer Ray. Constance Van Kley, Phil Telfeyan, Rylee Sommers-Flanagan, Natasha Baker appeared for the plaintiffs. Mitchell Young, Thomas Leonard, Maureen Lennon, Chris Decker appeared for the defendants; Argument held; Written order to follow; Hearing commenced at 9:02 a.m. and concluded at 1:06 p.m. (Court Reporter Jan Davis via Zoom) (Law Clerk: H. Willstein), (Hearing held in Missoula) (SGN) (Entered: 09/07/2022)

Sept. 7, 2022

Sept. 7, 2022

PACER

Motion Hearing - SDM

Sept. 7, 2022

Sept. 7, 2022

PACER
78

FINDINGS AND RECOMMENDATIONS re 60 MOTION to Certify Class filed by Teri Lea Evenson-Childs, Richard Churchill, Keith Leonard, Daniel O'Toole, 40 MOTION for Preliminary Injunction filed by Teri Lea Evenson-Childs, Richard Churchill, Keith Leonard, Daniel O'Toole, 48 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Jennifer Lint, Howard Recht, 46 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Ravalli County, Jim Bailey, Stephen Holton, Jennifer Ray.. Signed by Magistrate Judge Kathleen L. DeSoto on 1/13/2023. (APP) (Entered: 01/13/2023)

Jan. 13, 2023

Jan. 13, 2023

Clearinghouse
79

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) (Entered: 03/21/2023)

March 21, 2023

March 21, 2023

Clearinghouse
80

Order Setting: Zoom Pretrial Conference set for 4/12/2023 at 11:00 AM in Missoula, MT before Magistrate Judge Kathleen L. DeSoto. Signed by Magistrate Judge Kathleen L. DeSoto on 3/22/2023. (APP) Zoom info emailed to counsel (Entered: 03/22/2023)

March 22, 2023

March 22, 2023

PACER
81

Defendant's ANSWER to 34 Amended Complaint by Ravalli County. (Young, Mitchell) (Entered: 04/04/2023)

April 4, 2023

April 4, 2023

PACER
82

MINUTE ENTRY for proceedings held before Magistrate Judge Kathleen L. DeSoto: Initial Pretrial Conference held on 4/12/2023. (Hearing held in MI) (APP) (Entered: 04/12/2023)

April 12, 2023

April 12, 2023

PACER

Pretrial Conference - Initial

April 12, 2023

April 12, 2023

PACER
83

SCHEDULING ORDER: Final Pretrial Conference set for 5/23/2024 at 02:30 PM in Missoula, MT before Judge Dana L. Christensen. Jury Trial set for 6/3/2024 at 09:00 AM in Missoula, MT before Judge Dana L. Christensen. Amended Pleadings due by 5/12/2023. Discovery due by 11/3/2023. Motions due by 2/2/2024.. Signed by Magistrate Judge Kathleen L. DeSoto on 4/12/2023. (TXB) (Entered: 04/12/2023)

April 12, 2023

April 12, 2023

PACER

Terminate Deadlines and Hearings

April 17, 2023

April 17, 2023

PACER

Terminate Deadlines and Hearings-Zoom Pretrial Conference 04/12/2023. (APP)

April 17, 2023

April 17, 2023

PACER

Terminate Deadlines and Hearings

June 5, 2023

June 5, 2023

PACER

Terminate Deadlines and Hearings-Amended Pleadings Deadline 05/12/2023. (APP)

June 5, 2023

June 5, 2023

PACER
84

NOTICE of Appearance by Molenda Lee McCarty on behalf of Ravalli County (McCarty, Molenda) (Entered: 09/12/2023)

Sept. 12, 2023

Sept. 12, 2023

PACER
85

NOTICE of Appearance by Maureen H. Lennon on behalf of Ravalli County (Lennon, Maureen) (Entered: 09/12/2023)

Sept. 12, 2023

Sept. 12, 2023

PACER
86

NOTICE of Substitution of Counsel and Entry of Appearance for Attorney Timothy M. Bechtold on behalf of Richard Churchill, Teri Lea Evenson-Childs, Keith Leonard, Daniel O'Toole. Attorney Rylee K. Sommers-Flanagan and Constance Van Kley terminated. (Bechtold, Timothy) (Entered: 10/06/2023)

Oct. 6, 2023

Oct. 6, 2023

PACER
87

MOTION Lily Milwit to Appear Pro Hac Vice ( Filing fee $ 262 receipt number AMTDC-3140155.). Timothy M. Bechtold appearing for Plaintiffs Richard Churchill, Teri Lea Evenson-Childs, Keith Leonard, Daniel O'Toole. Motions referred to Kathleen L. DeSoto. (Attachments: # 1 Milwit Declaration, # 2 Proposed Order) (Bechtold, Timothy) (Entered: 10/06/2023)

Oct. 6, 2023

Oct. 6, 2023

PACER
88

ORDER granting 87 Motion to Appear Pro Hac Vice for Attorney Lily Milwit. NOTE: Instructions to request Montana CM/ECF registration through PACER are found here. Acknowledgment of PHV Order due by 10/25/2023. Signed by Magistrate Judge Kathleen L. DeSoto on 10/10/2023. (SGN) (Entered: 10/10/2023)

Oct. 10, 2023

Oct. 10, 2023

RECAP
89

NOTICE of Acknowledgment of Pro Hac Vice Order by Richard Churchill, Teri Lea Evenson-Childs, Keith Leonard, Daniel O'Toole re 88 Order on Motion to Appear Pro Hac Vice, (Milwit, Lily) (Entered: 10/10/2023)

Oct. 10, 2023

Oct. 10, 2023

PACER
90

NOTICE of Substitution of Counsel and Entry of Appearance for Attorney Lily Milwit on behalf of Richard Churchill, Teri Lea Evenson-Childs, Keith Leonard, Daniel O'Toole. Attorney Natasha Baker terminated. (Milwit, Lily) (Entered: 10/10/2023)

Oct. 10, 2023

Oct. 10, 2023

PACER

Terminate Deadlines and Hearings

Oct. 25, 2023

Oct. 25, 2023

PACER

Case Details

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 resident of Montana, on behalf of “[a]ll indigent persons who are or will be: accused of a crime in Ravalli County, Montana, arrested, incarcerated, placed on the Jail Diversion Program, and charged pretrial fees without having been convicted for the crime for which the Jail Diversion Program was ordered."

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: Granted

Defendants

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

Justice Court of Ravalli County (Ravalli), County

21st Judicial District Court (Ravalli), County

Defendant Type(s):

Law-enforcement

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

Available 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/Misc.:

Courts

Fines/Fees/Bail/Bond

Over/Unlawful Detention

Poverty/homelessness