Case: Steinke v. Washington County

3:94-cv-00396 | U.S. District Court for the District of Oregon

Filed Date: April 18, 1994

Clearinghouse coding complete

Case Summary

On April 18, 1994, criminal defense attorneys who represent inmates confined in the Washington County Jail in Hillsboro, Oregon, filed suit in the U.S. District Court for the District of Oregon against the county under 42 U.S.C. §1983 requesting that the county provide them with adequate and private space in which they could confer with their clients at the jail. The plaintiffs alleged that the use of the space available to them for client consultation violated their rights to practice their p…

On April 18, 1994, criminal defense attorneys who represent inmates confined in the Washington County Jail in Hillsboro, Oregon, filed suit in the U.S. District Court for the District of Oregon against the county under 42 U.S.C. §1983 requesting that the county provide them with adequate and private space in which they could confer with their clients at the jail. The plaintiffs alleged that the use of the space available to them for client consultation violated their rights to practice their profession according to the highest standards under the Fourteenth Amendment, violated their First Amendment rights to free speech, and violated their clients' right to counsel by inhibiting full and free communication. The conditions of attorney-client communication was alleged to be unconstitutional because male inmates had to sit close to one another in their second floor interview room, allowing inmate statements in a normal conversational tone to be overheard by other inmates in the room. Also, the third floor interview room for female inmates contained a window that opened at the bottom directly into the corrections staff office. The window was located three feet from where the attorney sits, permitting corrections staff to eavesdrop at will.

On July 1, 1994, the U.S. District Court for the District of Oregon (Judge Helen J. Frye) ordered the criminal defense attorneys to attempt to resolve the issues of inadequate communication in the context of actions filed by criminal defendants themselves raising the same issues. Steinke v. Washington County, 857 F.Supp. 55 (D.Or. 1994). Judge Frye referred to the consent decrees in Jungwirth v. Barnes, No. 83-634 (JC-OR-005), regarding male inmates at the Washington County Jail, and Davis v. Friese, No. 83-1272 (JC-OR-004), regarding female inmates at the jail. The court noted that the decrees in those cases included provisions specifically addressing the issue of adequate space for confidential attorney-client conferences. Accordingly, Judge Frye transferred this case to Judge James A. Redden, who was assigned to Jungwirth, for further action consistent with his continued jurisdiction in the Jungwirth case.

Judge Redden entered a consent decree on June 28, 1995, in which Washington County agreed to soundproof the interview rooms and to obtain more space in the jail for private consultations. On September 8, 1995, Judge Redden held that the criminal defense attorneys were entitled to a fee award under 42 U.S.C. §1988 as a prevailing party. Steinke v. Washington County, 903 F.Supp. 1403 (D.Or. 1995). The criminal defense attorneys had achieved prevailing party status as a result of the consent decree entered in the case that increased the privacy that is necessary for attorney-client consultations.

The attorney's fee issue is the last substantive entry in the docket; the docket concludes with a notation dated July 20, 1998, that the case file was sent to the Federal Records Center.

Summary Authors

Kristen Sagar (6/30/2009)

People


Judge(s)

Frye, Helen Jackson (Oregon)

Redden, James Anthony (Oregon)

Attorneys(s) for Plaintiff

LeSage, Lisa M. (Oregon)

Neal, Spencer M. (Oregon)

Attorneys(s) for Defendant

Junkin, John M. (Oregon)

Judge(s)

Frye, Helen Jackson (Oregon)

Redden, James Anthony (Oregon)

Attorneys(s) for Plaintiff

LeSage, Lisa M. (Oregon)

Neal, Spencer M. (Oregon)

Attorneys(s) for Defendant

Junkin, John M. (Oregon)

Documents in the Clearinghouse

Document

3:94-cv-00396

Docket [PACER]

July 20, 1998

July 20, 1998

Docket
22

3:94-cv-00396

Opinion

857 F.Supp. 55, 1994 U.S.Dist.LEXIS 9157

July 1, 1994

July 1, 1994

Order/Opinion
43

3:94-cv-00396

Opinion

903 F.Supp. 1403, 1995 U.S.Dist.LEXIS 17304

Sept. 8, 1995

Sept. 8, 1995

Order/Opinion

Resources

Docket

Last updated Aug. 12, 2022, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (Cause Code: 42:1983cv ) ( Receipt # 150073) (former employee) (Entered: 04/19/1994)

April 18, 1994

April 18, 1994

2

SUMMONS ISSUED as to Defendant Washington County (former employee) (Entered: 04/19/1994)

April 18, 1994

April 18, 1994

3

ORDER Discovery Schedule discovery ddl set for 8/16/94 pretrial order deadline set for 9/15/94 (former employee) (Entered: 04/19/1994)

April 18, 1994

April 18, 1994

4

MOTION & MEMORANDUM by Plaintiff CERTIFY CLASS Oral Argument Requested (former employee) (Entered: 04/22/1994)

April 22, 1994

April 22, 1994

5

MOTION & MEMORANDUM by Plaintiffs FOR PRELIMINARY INJUNCTION Oral Argument Requested (former employee) (Entered: 04/22/1994)

April 22, 1994

April 22, 1994

6

RECORD OF ORDER by Honorable Helen J. Frye SETTING Plaintiff's MOTION FOR PRELIMINARY INJUNCTION [5-1] & MOTION TO CERTIFY CLASS [4-1] on the oral argument calendar of 2:30 5/23/94 (counsel notified) Court Rptr none (former employee) (Entered: 04/29/1994)

April 28, 1994

April 28, 1994

7

RESPONSE by Defendant Washington County to [4-1] Plaintiff's MOTION CERTIFY CLASS (submitted as a REPLY) (former employee) (Entered: 05/05/1994)

May 5, 1994

May 5, 1994

8

RESPONSE by Defendant Washington County to [5-1] Plaintiff's MOTION FOR PRELIMINARY INJUNCTION (submitted as MEMORANDUM) (former employee) (Entered: 05/05/1994)

May 5, 1994

May 5, 1994

10

MEMORANDUM IN SUPPORT by Defendant Washington County of MOTION TO DISMISS [9-1] (former employee) (Entered: 05/11/1994)

May 11, 1994

May 11, 1994

11

REPLY IN SUPPORT by Plaintiffs re [4-1] MOTION CERTIFY CLASS (former employee) (Entered: 05/12/1994)

May 12, 1994

May 12, 1994

12

RECORD OF ORDER by Honorable Helen J. Frye SETTING Defendant's MOTION TO DISMISS [9-1] on oral argument calendar of 1:30 6/13/94 (counsel notified) Court Rptr none (former employee) (Entered: 05/13/1994)

May 13, 1994

May 13, 1994

13

MOTION by Plaintiffs FOR LEAVE TO FILE AMENDED COMPLAINT (former employee) (Entered: 05/19/1994)

May 18, 1994

May 18, 1994

14

RESPONSE by Plaintiffs to [9-1] Defendant Washington County's MOTION TO DISMISS (former employee) (Entered: 05/19/1994)

May 18, 1994

May 18, 1994

15

REPLY IN SUPPORT by Plaintiffs re [5-1] MOTION FOR PRELIMINARY INJUNCTION (former employee) (Entered: 05/19/1994)

May 18, 1994

May 18, 1994

16

RECORD OF ORDER by Honorable Helen J. Frye GRANTING Plaintiff's MOTION FOR LEAVE TO FILE AMENDED COMPLAINT [13-1]. Plaintiff shall have 10 days to submit an amended complaint. iORDER RESETTING Defendants MOTION TO DISMISS [9-1] ; Plaintiff's MOTION FOR PRELIMINARY INJUNCTION [5-1] & MOTION CERTIFY CLASS [4-1] to the oral argument calendar of 6/13/94 at 9am (counsel notified) Court Rptr none (former employee) (Entered: 05/24/1994)

May 20, 1994

May 20, 1994

17

AMENDED COMPLAINT [1-1] by Plaintiffs Griffith Steinke, Laura Graser, Ray Bassel (former employee) (Entered: 05/27/1994)

May 27, 1994

May 27, 1994

18

MOTION & MEMORANDUM by Defendant Washington County TO DISMISS AMENDED COMPLAINT Oral Argument Requested (former employee) Modified on 06/09/1994 (Entered: 06/09/1994)

June 8, 1994

June 8, 1994

19

RECORD OF ORDER by Honorable Helen J. Frye RESETTING Plaintiffs MOTION FOR PRELIMINARY INJUNCTION [5-1] and MOTION CERTIFY CLASS [4-1] & SETTING Defendants MOTION TO DISMISS AMENDED COMPLAINT [18-1] to the oral argument calendar of 9:00 6/27/94. ORDER the Court will deem Defendants MOTION TO DISMISS [9-1] MOOT as it dealt with the original complaint & an amended complaint has been filed. (counsel notified) Court Rptr none (former employee) (Entered: 06/10/1994)

June 9, 1994

June 9, 1994

20

RESPONSE by Plaintiffs' to [18-1] Defendant's MOTION TO DISMISS AMENDED COMPLAINT (former employee) (Entered: 06/21/1994)

June 20, 1994

June 20, 1994

21

RECORD OF PROCEEDINGS before Honorable Helen J. Frye TAKING UNDER ADVISEMENT on 6/27/94 Plaintiffs MOTION TO CERTIFY CLASS [4-1]; Plaintiffs MOTION FOR PRELIMINARY INJUNCTION [5-1] & Defendants MOTION TO DISMISS AMENDED COMPLAINT [18-1] (cc: Counsel notified) Court Rptr D Grube (former employee) (Entered: 06/28/1994)

June 27, 1994

June 27, 1994

23

ORDER by Honorable Helen J. Frye DENYING Plaintiff's MOTIONS FOR PRELIMINARY INJUNCTION [5-1] & MOTION CERTIFY CLASS [4-1] with leave to renew after transfer. ORDER DENYING Defendant's MOTION TO DISMISS AMENDED COMPLAINT [18-1]. CASE REASSIGNED to Honorable James A. Redden for further action consistent with his continued jurisdiction in the Jungwirth case. Signed 7/1/94 (counsel notified) (former employee) (Entered: 07/05/1994)

July 1, 1994

July 1, 1994

24

NOTICE OF REASSIGNMENT TO The Honorable James A Redden [cc: all counsel] (former employee) (Entered: 07/05/1994)

July 5, 1994

July 5, 1994

25

RECORD OF ORDER by Honorable James A. Redden Status conference set for 10:00 7/18/94 (counsel notified) (cpriestley) (Entered: 07/13/1994)

July 12, 1994

July 12, 1994

26

RECORD OF PROCEEDINGS Status conference held before Honorable James A. Redden Court reporter none (cc: Counsel notified) (cpriestley) (Entered: 07/20/1994)

July 18, 1994

July 18, 1994

27

RECORD OF ORDER by Honorable James A. Redden telephone status conference set for 11:00 10/17/94 (counsel notified) (cpriestley) (Entered: 10/05/1994)

Oct. 3, 1994

Oct. 3, 1994

28

RECORD OF PROCEEDINGS before Honorable James A. Redden The court visit the Washington County jail on 11/10/94 at 9:30am. (cc: Counsel notified) Court Rptr none (cpriestley) (Entered: 10/21/1994)

Oct. 17, 1994

Oct. 17, 1994

29

RECORD OF ORDER by Honorable James A. Redden , telephone conference set for 10:00 12/12/94 (counsel notified) (cpriestley) (Entered: 11/17/1994)

Nov. 16, 1994

Nov. 16, 1994

30

RECORD OF PROCEEDINGS before Honorable James A. Redden Defendant shall submit a written settlement proposal to Plaintiffs and provide a copy to the court. (cc: Counsel notified) Court Rptr Jerry Harris (cpriestley) (Entered: 12/14/1994)

Dec. 12, 1994

Dec. 12, 1994

31

RECORD OF ORDER by Honorable James A. Redden , , Status conference set for 9:30 3/13/95 (counsel notified) (cpriestley) (Entered: 03/01/1995)

Feb. 28, 1995

Feb. 28, 1995

32

RECORD OF PROCEEDINGS before Honorable James A. Redden Record of status conference Defense counsel shall submit a proposed order to the court (cc: Counsel notified) Court Rptr Jerry Harris (cpriestley) (Entered: 03/14/1995)

March 13, 1995

March 13, 1995

33

RECORD OF ORDER by Honorable James A. Redden telephone conference set for 10:00 5/30/95 Defendant is requested to file a response to Plaintifs letter to this court 4/27/95 by 5/15/95.(counsel notified) (cpriestley) (Entered: 05/02/1995)

May 1, 1995

May 1, 1995

34

RECORD OF PROCEEDINGS before Honorable James A. Redden parties will report the status of this case to the Court as soon as the consent decree is agreed upon (cc: Counsel notified) Court Rptr Jerry Harris (former employee) (Entered: 05/31/1995)

May 30, 1995

May 30, 1995

35

CONSENT DECREE Defendant shall provide the following accommodations to improve the attorney-inmate conference opportunities in the Washington County Jail. This Consent Decree applies only to the existing jail facilities & shall not apply to newly constructed or planned jail facitilites of Washington County (see file). signed 6/28/95 Honorable James A. Redden (cc: Counsel notified) (former employee) (Entered: 06/29/1995)

June 28, 1995

June 28, 1995

36

MOTION & MEMORANDUM by Plaintiffs FOR ATTORNEY FEES Oral Argument Requested (former employee) (Entered: 07/05/1995)

July 3, 1995

July 3, 1995

37

AFFIDAVIT by Plaintiffs of Elizabeth McKanna re MOTION FOR ATTORNEY FEES [36-1] (former employee) (Entered: 07/12/1995)

July 12, 1995

July 12, 1995

38

MOTION by Defendant Washington County TO EXTEND TIME TO 7/28/95 TO RESPOND TO PLAINTIFF'S MOTION FOR ATTORNEY FEES [36-1] (former employee) (Entered: 07/13/1995)

July 13, 1995

July 13, 1995

39

RECORD OF ORDER by Honorable James A. Redden GRANTING Defendants MOTION TO EXTEND TIME TO 7/28/95 TO RESPOND TO PLAINTIFF'S MOTION FOR ATTORNEY FEES [36-1] [38-1] (counsel notified) Court Rptr none (former employee) (Entered: 07/17/1995)

July 14, 1995

July 14, 1995

40

RESPONSE by Defendant Washington County to [36-1] Plaintiffs' MOTION FOR ATTORNEY FEES (submitted as objections) (former employee) (Entered: 07/28/1995)

July 28, 1995

July 28, 1995

41

SUPPLEMENTAL MOTION & AFFIDAVIT by Plaintiffs FOR ATTORNEY FEES (former employee) (Entered: 08/02/1995)

Aug. 2, 1995

Aug. 2, 1995

42

REPLY TO Defendants RESPONSE by Plaintiff re [36-1] MOTION FOR ATTORNEY FEES (former employee) (Entered: 08/02/1995)

Aug. 2, 1995

Aug. 2, 1995

43

OPINION re MOTION FOR ATTORNEY FEES [41-1], MOTION FOR ATTORNEY FEES [36-1]. Plaintiffs are awarded fees in the amount of $23,951 for Attorney Neal and $429 attorney Lesage Signed & Entered 9/8/96 by Honorable James A. Redden (counsel notified) (cpriestley) (Entered: 09/08/1995)

Sept. 8, 1995

Sept. 8, 1995

44

ORDER by Honorable James A. Redden GRANTING MOTION FOR ATTORNEY FEES [41-1], GRANTING MOTION FOR ATTORNEY FEES [36-1] Plaintiff are awarded fees and costs in the amount of $24,548.48 and $1768.20 for a supplemental fee award. Signed & Entered (counsel notified) (cpriestley) (Entered: 09/08/1995)

Sept. 8, 1995

Sept. 8, 1995

CASE FILE SENT TO THE FRC Accession number 21-98-0076 Location number 723513-723655 Box 26 of 143 (tomg) (Entered: 07/20/1998)

July 20, 1998

July 20, 1998

Case Details

State / Territory: Oregon

Case Type(s):

Jail Conditions

Key Dates

Filing Date: April 18, 1994

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Criminal defense attorneys requesting that county provide them with adequate and private space in which they could confer with their clients at county jail

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Washington County Jail (Hillsboro, Washington), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

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:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1995 - 0

Issues

General:

Access to lawyers or judicial system

Law library access

Type of Facility:

Government-run