Case: Stanwood v. Green

3:72-cv-00981 | U.S. District Court for the District of Oregon

Filed Date: Dec. 1, 1972

Closed Date: 1991

Clearinghouse coding complete

Case Summary

On December 1, 1972, plaintiff filed a civil rights lawsuit in the United States District Court for the District of Oregon under 42 U.S.C. Section 1983, against Coos County, Oregon, and relevant officials, alleging unconstitutional conditions of confinement at Coos County Jail in Coquille, Oregon. The parties entered into a consent decree in August, 1976, in which the County agreed to remedy the overcrowded, unsanitary conditions at the Jail.In February, 1981, the County threatened to move all…

On December 1, 1972, plaintiff filed a civil rights lawsuit in the United States District Court for the District of Oregon under 42 U.S.C. Section 1983, against Coos County, Oregon, and relevant officials, alleging unconstitutional conditions of confinement at Coos County Jail in Coquille, Oregon. The parties entered into a consent decree in August, 1976, in which the County agreed to remedy the overcrowded, unsanitary conditions at the Jail.

In February, 1981, the County threatened to move all inmates for an extended period of time to a facility that had been designated under the 1976 decree as appropriate only for short-term housing of prisoners in order to renovate the Jail. The plaintiff objected, and the parties agreed to an amended consent decree which was entered by the district court (Judge James M. Burns) in February, 1982.

There was subsequent litigation concerning attorney's fees, but the district court (Judge Burns) determined that, because the original complaint had been settled by a consent decree prior to the enactment of the statute authorizing an award of attorney's fees, the plaintiffs were not entitled to fees despite the subsequent motion for contempt. Stanwood v. Green, 559 F.Supp. 196 (D. Oregon 1983). The United States Court of Appeals for the Ninth Circuit affirmed. Stanwood v. Green, 744 F.2d 714 (9th Cir. 1984)(per curiam). On August 22, 1991, the U.S. District Court for the District of Oregon (Judge Burns) granted defendants' motion for relief from the consent decree and dismissed the case.

Summary Authors

Megan Raynor (3/6/2006)

People


Judge(s)

Burns, James Milton (Oregon)

Goodwin, Alfred Theodore (California)

Attorney for Plaintiff
Attorney for Defendant

Bailey, Ronald E. (Oregon)

Gillespie, Michael (Oregon)

Hunsaker, I. Franklin III (Oregon)

Documents in the Clearinghouse

Documents in this case

3:72-cv-00981

Docket [PACER]

Stanwood v. Beebe

Aug. 22, 1991

Aug. 22, 1991

Docket

3:72-cv-00981

Reported Opinion

Jan. 17, 1983

Jan. 17, 1983

Order/Opinion

559 F.Supp. 196

83-04017

Opinion

U.S. Court of Appeals for the Ninth Circuit

Oct. 5, 1984

Oct. 5, 1984

Order/Opinion

744 F.2d 714

Docket

Last updated March 23, 2025, 9:18 a.m.

ECF Number Date Description Link
1069 Aug. 7, 1990

RECORD OF ORD: Settlement CONF; 9/24/90, 9:30am, Crtrm 71 , ntfd Honorable James M. Burns (former employee) (Entered: 08/07/1990)

PACER
1070 Nov. 6, 1990

RECORD OF ORD: Settlement Conf: 11/19/90, 9:30 , ntfd Honorable James M. Burns (former employee) (Entered: 11/13/1990)

PACER
1071 Nov. 19, 1990

RECORD OF SETTLE CONF: ORD set TELCONF hrg: 12/18/90, 9:00 , ntfd Honorable James M. Burns (former employee) (Entered: 11/19/1990)

PACER
1072 March 5, 1991

RECORD OF CONF CALL: re status visit by attys Hibbard & Barton to facility (possible visit in March 1991) ORD set furth CONF CALL 4/9/91, 9:00 , ntfd Honorable James M. Burns (former employee) (Entered: 04/01/1991)

PACER
1073 April 5, 1991

RECORD OF ORD: striking conf 4/9/91 & reset Conf Call to 4/29/91, 9:00 am , ntfd Honorable James M. Burns (former employee) (Entered: 04/05/1991)

PACER
1074 April 29, 1991

RECORD OF CONF CALL: re report from Mr. Barton & Hibbard on their tour of Coos County jail facility. ORD pltf send ltr to all concerned on pltfs position w/in 7-10 days & thereafter the court will make ruling on defts mot to dism. (court rptr Bob Stimler) , ntfd Honorable James M. Burns (former employee) (Entered: 04/30/1991)

PACER
1075 May 31, 1991

MOTION by plaintiff to release JEROME E LA BARRE as attorney of record #1075 (former employee) (Entered: 05/31/1991)

PACER
1076 May 31, 1991

MOTION by plaintiff for extenison of time #1076 (former employee) (Entered: 05/31/1991)

PACER
1077 May 31, 1991

AFFIDAVIT by plaintiff re mot release atty & exttm [1075-1] & [1076- 1] (former employee) (Entered: 05/31/1991)

PACER
1078 June 3, 1991

ORDER grant pltf motion for extension of time [1076-1] to 6/14/91 to resp to dfts mot for relief from jgm. ntfd Signed 6/3/91 Honorable James M. Burns (former employee) (Entered: 06/03/1991)

PACER
1079 June 5, 1991

MOTION by plaintiff to withhold dismissal until investigation is complete #1079 , memo (former employee) (Entered: 06/06/1991)

PACER
1081 June 14, 1991

Consent & Joinder of Atty. Jerome E. LaBarre in pltf's mot for release as atty of record [1075]. (former employee) Modified on 06/14/1991 (Entered: 06/14/1991)

PACER
1082 June 20, 1991

MOTION by plaintiff Orvin C. Stanwood for joinder of atty Mike Stebbins in pltf's motion for release as atty of record #1082 (cpriestley) (Entered: 06/20/1991)

PACER
1083 June 26, 1991

ORDER Grant LaBarre & Mr Stebbins leave to withdraw as attys of record #1081 & 1082. Deny Stanwood motion #1079 to stay. Deny motion to be informed #1080. He can contact Mr Stebbins or USDC for copies of file material. A tel hrg will be arranged to disuss defts' mot for relief from jgm #1063. (see this order) ntfd Signed 6/26/91 microfilmed & ent 6/27/91 Honorable James M. Burns (former employee) (Entered: 06/27/1991)

PACER
1084 July 3, 1991

Consent & Joinder of pltf in deft's motion for relief from jdgment (FRCP 60) #1063 (former employee) (Entered: 07/03/1991)

PACER
1085 Aug. 22, 1991

ORDER on motion for relief form judgment/dismissal (FRCP 60) Deft's mot for relief from consent decree 8/9/76, and amd consent decree 3/12/82 is allowed and Furth ORDERED case be dismissed w/prej & w/out costs. (see this order) ntfd Signed 8/22/91 microfilmed & ent 8/22/91 Honorable James M. Burns (former employee) (Entered: 08/22/1991)

PACER

Case Details

State / Territory:

Oregon

Case Type(s):

Jail Conditions

Key Dates

Filing Date: Dec. 1, 1972

Closing Date: 1991

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Inmate at a county jail

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: Unknown

Class Action Sought: Unknown

Class Action Outcome: Unknown

Defendants

County

Coos County Jail

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Due Process: Substantive Due Process

Other Dockets:

District of Oregon 3:72-cv-00981

U.S. Court of Appeals for the Ninth Circuit 83-04017

Available Documents:

Any published opinion

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1976 - 1991

Issues

General/Misc.:

Bathing and hygiene

Sanitation / living conditions

Jails, Prisons, Detention Centers, and Other Institutions:

Crowding (General)

Recommended Citation