Case: Martino v. Carey

3:81-cv-00751 | U.S. District Court for the District of Oregon

Filed Date: Aug. 17, 1981

Clearinghouse coding complete

Case Summary

On August 17, 1981, prisoners brought this class action lawsuit in the U.S. District Court for the District of Oregon, against the Umatilla County Sheriff and County Commissioner, under 42 U.S.C § 1983. The plaintiffs claimed that the conditions of confinement violated their First, Eighth, and Fourteenth Amendment rights. On November 5, 1981, the District Court certified the class and visited the jail. On July 2, 1982, the District Court (Judge James Redden) granted the plaintiff's motion for …

On August 17, 1981, prisoners brought this class action lawsuit in the U.S. District Court for the District of Oregon, against the Umatilla County Sheriff and County Commissioner, under 42 U.S.C § 1983. The plaintiffs claimed that the conditions of confinement violated their First, Eighth, and Fourteenth Amendment rights.

On November 5, 1981, the District Court certified the class and visited the jail. On July 2, 1982, the District Court (Judge James Redden) granted the plaintiff's motion for interim relief pending trial, and ordered that the defendants provide adequate staffing so that security of the inmates could be maintained 24 hours per day, ventilation of the cells during the summer, a shower temperature that would not scald the inmates, and an hour of exercise five days a week.

On September 2, 1982, the court made a second inspection of the jail to confirm that defendants were complying with the interim relief order. Though a new facility was under construction and would have alleviated many of the conditions in the suit, the defendants refused to settle.

As a result, on February 1, 1983, the District Court for the District of Oregon, (Judge Redden) announced the ruling concerning the conditions at the jail when the suit was originally filed. The court found that the security, medical care, and living conditions all violated the inmates' Eighth Amendment rights. 563 F.Supp. 984 (D. Oregon 1983).

The court also found that the inmates Due Process rights were violated by the disciplinary policy, and that the inmates were denied access to the courts. Finally, the court found that the inmates' First Amendment rights were violated by the jail's censorship and regulation of the mail. The court ordered the defendants to pose a plan to the court, within 30 days, to alleviate the violations that still existed at the jail and to advise the court of the progress on the new facility. If the defendants failed to respond, the court would fashion its own remedy. The court a judgment for the three named plaintiffs on July 11, 1984 and closed the case.

Summary Authors

Jaclyn Adams (2/24/2006)

Rachel June-Graber (2/22/2016)

People


Judge(s)

Redden, James Anthony (Oregon)

Attorneys(s) for Plaintiff

Haber, Roy S. (Oregon)

Attorneys(s) for Defendant

Fabre, Harold A. (Oregon)

Gallaher, David D. (Oregon)

Nash, Douglas R. (Oregon)

Judge(s)

Redden, James Anthony (Oregon)

Attorneys(s) for Plaintiff

Haber, Roy S. (Oregon)

Attorneys(s) for Defendant

Fabre, Harold A. (Oregon)

Gallaher, David D. (Oregon)

Nash, Douglas R. (Oregon)

Documents in the Clearinghouse

Document

Docket (PACER)

Aug. 27, 1993 Docket

Opinion

563 F.Supp. 984

Feb. 1, 1983 Order/Opinion

Docket

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

ECF Number Description Date Link
1

COMPLAINT (Cause Code: 42:1983pr) (former employee) (Entered: 08/27/1993)

Aug. 17, 1981
3

RECORD OF PROCEEDINGS before Honorable James A. Redden COURT TRIAL ENDS (cc: Counsel notified) (former employee) (Entered: 08/27/1993)

Aug. 2, 1982
2

RECORD OF PROCEEDINGS before Honorable James A. Redden COURT TRIAL BEGINS (cc: Counsel notified) (former employee) (Entered: 08/27/1993)

Sept. 1, 1982
4

JUDGMENT: for Plaintiff's Jack Martino, Leigh J Cronland, Terry Rivera, Jose Herrera Signed 7/9/85 Honorable James A. Redden (cc: Counsel notified) (former employee) (Entered: 08/27/1993)

July 11, 1984

CASE FILE SENT TO THE FRC Accession number 21-93-0076 Location number 638323 Box 1 of 163 (former employee) (Entered: 08/27/1993)

Aug. 27, 1993

State / Territory: Oregon

Case Type(s):

Jail Conditions

Key Dates

Filing Date: Aug. 17, 1981

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Inmates at the Umatilla County Jail

Public Interest Lawyer: Unknown

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Umatilla County Jail (Pendleton, Umatilla), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Freedom of speech/association

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 1983 - None

Issues

General:

Bathing and hygiene

Mail

Personal injury

Recreation / Exercise

Totality of conditions

Crowding:

Crowding / caseload

Medical/Mental Health:

Medical care, general

Type of Facility:

Government-run