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)

Jameson, William James (Montana)

Schroeder, Mary Murphy (Arizona)

Attorneys(s) for Plaintiff

LaBarre, Jerome E. (Oregon)

Stebbins, Michael R. (Oregon)

Attorneys(s) for Defendant

Bailey, Ronald E. (Oregon)

Gillespie, Michael (Oregon)

Hunsaker, I. Franklin III (Oregon)

Kasting, Peter (Oregon)

Judge(s)

Burns, James Milton (Oregon)

Goodwin, Alfred Theodore (California)

Jameson, William James (Montana)

Schroeder, Mary Murphy (Arizona)

Attorneys(s) for Plaintiff

LaBarre, Jerome E. (Oregon)

Stebbins, Michael R. (Oregon)

Attorneys(s) for Defendant

Bailey, Ronald E. (Oregon)

Gillespie, Michael (Oregon)

Hunsaker, I. Franklin III (Oregon)

Kasting, Peter (Oregon)

Murray, Donald E. (Oregon)

Ris, David R. (Oregon)

Documents in the Clearinghouse

Document

Docket [PACER]

Stanwood v. Beebe

Aug. 22, 1991 Docket

Reported Opinion

559 F.Supp. 196, 1983 U.S.Dist.LEXIS 19997

Jan. 17, 1983 Order/Opinion

Opinion

U. S. Court of Appeals for the Ninth Circuit

744 F.2d 714, 1984 U.S.App.LEXIS 17928

Oct. 5, 1984 Order/Opinion

Docket

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

ECF Number Description Date Link
1069

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

Aug. 7, 1990
1070

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

Nov. 6, 1990
1071

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

Nov. 19, 1990
1072

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)

March 5, 1991
1073

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)

April 5, 1991
1074

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)

April 29, 1991
1075

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

May 31, 1991
1076

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

May 31, 1991
1077

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

May 31, 1991
1078

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)

June 3, 1991
1079

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

June 5, 1991
1081

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)

June 14, 1991
1082

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)

June 20, 1991
1083

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)

June 26, 1991
1084

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

July 3, 1991
1085

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)

Aug. 22, 1991

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

Coos County Jail (Coquille, Coos), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Due Process: Substantive Due Process

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1976 - 1991

Issues

General:

Bathing and hygiene

Sanitation / living conditions

Crowding:

Crowding / caseload

Type of Facility:

Government-run