Case: Jordan v. Multnomah County

3:80-cv-00841 | U.S. District Court for the District of Oregon

Filed Date: Sept. 18, 1980

Closed Date: 1997

Clearinghouse coding complete

Case Summary

On September 18, 1980, plaintiffs filed a class action lawsuit under 42 U.S.C. § 1983 in the U.S. District Court for the District of Oregon against Multnomah County officials, challenging conditions in the Multnomah County Jail. Multnomah County Circuit and District Court judges entered as amicus curiae in the case. Apparently, there was significant litigation before 1989, but the PACER docket does not start until 1989, beginning with the 427th entry in the case. We therefore do not know much a…

On September 18, 1980, plaintiffs filed a class action lawsuit under 42 U.S.C. § 1983 in the U.S. District Court for the District of Oregon against Multnomah County officials, challenging conditions in the Multnomah County Jail. Multnomah County Circuit and District Court judges entered as amicus curiae in the case. Apparently, there was significant litigation before 1989, but the PACER docket does not start until 1989, beginning with the 427th entry in the case. We therefore do not know much about the substance of this litigation, but from February 1989 until May 1990, the U.S. District Court for the District of Oregon (Judge James A. Reddon) monitored defendant Multnomah County for violations of a previous court order. On June 29, 1990 the court issued a final order in the case, ordering declaratory judgment. On August 13, 1997, the court terminated the final order in the case pursuant to the Prison Litigation Reform Act ("PLRA").

Plaintiffs appealed the district court's judgment termination of the final order, contending that the PLRA was unconstitutional. The U.S. Court of Appeals for the Ninth Circuit affirmed, nothing that it had already ruled, in Gilmore v. California, 220 F.3d 987 (9th Cir. 2000), that the PLRA was constitutional. Jordan v. Multnomah Co., 230 F.3d 1367 (9th Cir. 2000). This is the final entry in the PACER docket.

Summary Authors

David Terry (5/2/2006)

People


Judge(s)

Lay, Donald Pomery (Minnesota)

McKeown, M. Margaret (California)

Redden, James Anthony (Oregon)

Tashima, Atsushi Wallace (California)

Attorneys(s) for Plaintiff

La Barre, Jerome E. (Oregon)

Rieke, Forrest N. (Oregon)

Steenson, Thomas M. (Oregon)

Attorneys(s) for Defendant

Duffy, Sandra N. (Oregon)

Sponsler, Thomas C. Jr. (Oregon)

Other Attorney(s)

Active

Judge(s)

Lay, Donald Pomery (Minnesota)

McKeown, M. Margaret (California)

Redden, James Anthony (Oregon)

Tashima, Atsushi Wallace (California)

Attorneys(s) for Plaintiff

La Barre, Jerome E. (Oregon)

Rieke, Forrest N. (Oregon)

Steenson, Thomas M. (Oregon)

Attorneys(s) for Defendant

Duffy, Sandra N. (Oregon)

Sponsler, Thomas C. Jr. (Oregon)

Other Attorney(s)

Abernethy, Pamela L. (Oregon)

Frohnmayer, David B. (Oregon)

Londahl, Jan Peter (Oregon)

Documents in the Clearinghouse

Document

Docket [PACER]

Sept. 26, 2000 Docket

Memorandum

U. S. Court of Appeals for the Ninth Circuit

230 F.3d 1367, 2000 WL 1234247, 2000 U.S.App.LEXIS 30618

Aug. 30, 2000 Order/Opinion

Docket

Last updated May 13, 2022

ECF Number Description Date Link
427

Defts' reply to pltfs' memo in oppos to defts' mot to remove Fed Monitor (former employee) (Entered: 02/22/1989)

Feb. 21, 1989
428

Defts' reply to pltfs' reply to defts' oppos to pltfs' mot for amendmt of the final order (former employee) (Entered: 02/22/1989)

Feb. 21, 1989
429

RECORD OF TELCONF: Hrg set for 2/27/89 is stricken. A Tour of facilities at MCDC will be taken at that time instead. A Hrg on amendments to Final Order will be held on 3/3/89, 10:00 am. ; setting status hrg oral argument on County's mot to expand population ( beginning w/another inspection at 9:30) for 1:30 4/13/89 (ntfd c/d) Honorable James A. Redden (former employee) (Entered: 02/24/1989)

Feb. 21, 1989
430

2/27/89 Federal Court Monitor Rpt of Court Order Violations (former employee) (Entered: 02/27/1989)

Feb. 27, 1989
431

Deft Multnomah Cty's response to Fed Monitor's reports & violation notices 2/21/89 (former employee) (Entered: 03/09/1989)

March 8, 1989
432

Deft Mult Cty's response to Fed Monitor's reports & violation notices 1/20/89 (former employee) (Entered: 03/09/1989)

March 8, 1989
433

Deft Mult Cty's response to Fed Monitor's reports & violation notices 2/2/89 (former employee) (Entered: 03/09/1989)

March 8, 1989
434

John E. del Nero Fed Monitor Court report for the months of Jan & Fed l989, March 1989 (former employee) (Entered: 03/14/1989)

March 14, 1989
435

Deft Mult Cty's response to Federal Monitor's rpts & violation notices 2/27/89 (former employee) (Entered: 03/14/1989)

March 14, 1989
436

MOTION of Petitioners Mult Cty Circ & Dist Crt Judges for leave to file memo as amicus curiae (exped hrg req & oral arg NOT req) (former employee) (Entered: 03/15/1989)

March 14, 1989
437

Pltfs' response to motion of petitioners' Mult Cty Circuit & Dist Court Judges for leave to file memo as amicus curiae (former employee) Modified on 03/22/1989 (Entered: 03/22/1989)

March 21, 1989
438

Certificate of service by plaintiffs (former employee) (Entered: 03/22/1989)

March 21, 1989
439

ORDER granting motion for leave to file memo as amicus curiae [436-1] (State of OR) (see order) This ord limited to allowing amicus curiae brief mentioned & does not authorize intervention by petitioners to challenge this court's 6/23/87 ord, or any systems implemented by Sheriff re release conditions ntfd Signed 3/23/89 microfilmed 3/23/89 Honorable James A. Redden (former employee) (Entered: 03/23/1989)

March 23, 1989
440

Memorandum of petitioner's Multnomany County Circuit & District Court Judges as amicus curiae [436-1] (former employee) (Entered: 03/24/1989)

March 24, 1989
441

RECORD OF ORD: tel status conf 3/30/89, 3:30 , ntfd by tel Honorable James A. Redden (former employee) (Entered: 03/31/1989)

March 30, 1989
442

RECORD OF tel SRC: ;status hearing set 9:30 4/13/89 , ntfd Honorable James A. Redden (former employee) (Entered: 03/31/1989)

March 30, 1989
443

Federal Court Monitor John E del Nero report of court order violations 4/6/89 (former employee) (Entered: 04/06/1989)

April 6, 1989
445

ORDER-The Ffinal ord ent in this case be amended (see ord for specifics) ntfd Signed 4/12/89 microfilmed 4/14/89 Honorable James A. Redden (former employee) (Entered: 04/14/1989)

April 12, 1989
444

Federal Court Monitor Report of the Court Order Violations Month of April 1989 (former employee) (Entered: 04/13/1989)

April 13, 1989
446

RECORD OF HRG: ORD pend mots deferred for 6 mos to allow time to gather further statistical data. Another ;status hearing set 9:30 10/16/89 , ntfd Honorable James A. Redden (former employee) (Entered: 04/17/1989)

April 13, 1989
447

Stipulation and ORDER: amending final judgment- pop capacity from 476 to 518 beds (see this order , ntfd Signed 4/13/89 Honorable James A. Redden (former employee) (Entered: 04/17/1989)

April 14, 1989
448

Objections by defendants to form of pltfs' order (former employee) (Entered: 04/20/1989)

April 20, 1989
449

Response by defendant Multnomah County to Fed Monitor's violation report 4/6/89 (former employee) (Entered: 05/03/1989)

May 2, 1989
450

Response by defendant Multnomah County to Fed Monitor's court report Jan/Feb 89 (former employee) (Entered: 05/03/1989)

May 2, 1989
451

Response by defendant Multnomah County to Fed Monitor's violation report 4/13/89 (former employee) (Entered: 05/03/1989)

May 2, 1989
452

RECORD OF ORD: telephone stat conf MON, 5/8/89, 3:00 , ntfd Honorable James A. Redden (former employee) (Entered: 05/05/1989)

May 4, 1989
454

Federal Monitor report of court order violations 5/16/89 (former employee) (Entered: 05/16/1989)

May 16, 1989
455

ORDER Based on hrg 4/13/89 & record herein ORD that final order 6/23/87 be amended ( see this order) l) Fed Monitor be responsible to eprform monitoring duties as to TH-8 along w/the other areas of MCDC & CHJ. Defts' mot to remove Fed Monitor denied at this time. Status of monitor will be reviewed at hrg on 10/16/89. See ord) ntfd Signed 5/16/89 microfilmed & ent 5/16/89 Honorable James A. Redden (former employee) (Entered: 05/16/1989)

May 16, 1989
456

Response by defendant Multnomah County to Federal Monitor's Violation Rpt [454-1] (former employee) (Entered: 06/02/1989)

June 2, 1989
457

Defts' statistical data report (former employee) (Entered: 06/13/1989)

June 12, 1989
458

Federal Monitor Reprot for Months of March, April & May 1989, (June 15, 1989) (former employee) (Entered: 06/16/1989)

June 15, 1989
459

MOTION by plaintiffs for award of attorney fees and expenses #459 OA REQ (former employee) (Entered: 06/16/1989)

June 15, 1989
460

Affidavit of Spencer M. Neal (former employee) (Entered: 06/16/1989)

June 16, 1989
461

Affidavit of David B Markowitz (former employee) (Entered: 06/16/1989)

June 16, 1989
462

Affidavit of Henry Kantor (former employee) (Entered: 06/16/1989)

June 16, 1989
463

Affidavit as to hours, expenses, hourly rates, & billing practices / Jerome LaBarre (former employee) (Entered: 06/16/1989)

June 16, 1989
464

Affidavit of Tom Steenson (former employee) (Entered: 06/16/1989)

June 16, 1989
465

Affidavit of Roy S Haber (former employee) (Entered: 06/16/1989)

June 16, 1989
466

Affidavit and Memorandum by plaintiff in support of motion for award of attorney fees and expenses [459-1], Jerome LaBarre (former employee) (Entered: 06/16/1989)

June 16, 1989
467

Certificate of service by plaintiff (former employee) (Entered: 06/16/1989)

June 16, 1989
468

MOTION by defendants for enlargement of time, bifurcating ptlfs' motion and petition for attorney fees and resetting date for OA OA REQ, Exped Consid Req, memo in support (former employee) (Entered: 06/27/1989)

June 26, 1989
469

Defts' response objecting to pltfs' entitlement to an award of atty fees and expenses [459-1] OA REQ, Exped consid req (former employee) (Entered: 06/27/1989)

June 26, 1989
470

Federal Court Monitor Report of court order violations 6/27/89 (former employee) (Entered: 06/27/1989)

June 27, 1989
471

Pltfs' affidavit and memorandum in reply to defts' memo on entitlement and amount of atty fees [459-1] (former employee) (Entered: 07/11/1989)

July 10, 1989
472

Pltfs'(motion) and memo in repsonse to defts' motion for enlargement of time, bifurcating ptlfs' motion and petition for attorney fees and resetting date for OA (former employee) (Entered: 07/11/1989)

July 10, 1989
473

Certificate of service by plaintiffs (former employee) (Entered: 07/11/1989)

July 10, 1989
474

Defts' statistical data report from 6/1/89 through 6/30/89 (former employee) (Entered: 07/13/1989)

July 13, 1989
475

Federal Court Monitor Report of Court Order Violations 8/7/89 (former employee) (Entered: 08/07/1989)

Aug. 7, 1989
476

Defts' statistical data report (former employee) (Entered: 08/08/1989)

Aug. 8, 1989
477

Defts' statistical data report (8/1/89-8/31/89) (former employee) (Entered: 09/14/1989)

Sept. 13, 1989
478

Federal Monitor report for the months of June, July, Aug 1989 (9/21/89) (former employee) (Entered: 09/21/1989)

Sept. 21, 1989
479

Defts' statistical date report (former employee) (Entered: 10/10/1989)

Oct. 10, 1989
480

RECORD OF ord status hrg set for 10/16 is stricken and reset to 10/31/89 at 9:30am . Deft's mot to bifurcate [468] is Granted. The mot by pltfs' for attys fees [459] will be heard only as to entitlement. Once the court rules on that aspect, further briefing & hrg will be set, if necessary. , ntfd Honorable James A. Redden (former employee) (Entered: 10/12/1989)

Oct. 12, 1989
481

Pltfs' supplemental affidavits of other attorneys on Lodestar & Multiplier issues. (former employee) (Entered: 10/13/1989)

Oct. 13, 1989
482

Certificate of service of document [481] (former employee) (Entered: 10/13/1989)

Oct. 13, 1989
483

Transcript of proceedings had 4/13/89 before the Honorable James M. Redden filed (former employee) (Entered: 10/13/1989)

Oct. 13, 1989
484

Federal Monitor Report of Court Order Violation & 10 hour Processing for September 1989 (10/17/89) (former employee) (Entered: 10/17/1989)

Oct. 17, 1989
485

Supplemental MOTION by pltfs' & petition for attorney fees and expenses #485 , OA REQ (former employee) (Entered: 10/19/1989)

Oct. 18, 1989
486

Affidavit as to hours and expenses re motion & petition for attorney fees and expenses [485-1] (former employee) (Entered: 10/19/1989)

Oct. 18, 1989
487

Certificate of service by plaintiff (former employee) (Entered: 10/19/1989)

Oct. 18, 1989
489

Certificate of svce by plaintiffs (former employee) (Entered: 10/24/1989)

Oct. 24, 1989
490

RECORD OF TELCONF: Status hrg set for 10/31/89 stricken & reset ;status hearing set 9:30 11/20/89 , ntfd Honorable James A. Redden (former employee) (Entered: 10/27/1989)

Oct. 27, 1989
491

Defts statistical report form 10/1 through 10/31/89 (former employee) (Entered: 11/14/1989)

Nov. 13, 1989
492

Stipulation and ORDER: (see stipo.) this order supplements final order this court 6/23/87 this order supersedes. 1/1/90 monitor shall cease monitoring requirements set forth in paras 6,11,12, & 15 of order 6/23/87. (see stipo) ntfd Signed 11/20/89 Honorable James A. Redden (former employee) (Entered: 11/20/1989)

Nov. 20, 1989
493

RECORD OF Fairness Hearing: on settlement of class-action suit , Stipulation & order signed ntfd Honorable James A. Redden (former employee) (Entered: 11/21/1989)

Nov. 20, 1989
494

Defts' statistical data report from 11/1/89 through 11/30/89 (former employee) (Entered: 12/12/1989)

Dec. 12, 1989
495

Monitor Report of court order violation 1/12/90 (former employee) (Entered: 01/16/1990)

Jan. 12, 1990
496

Defts' statistical data report from 12/1/89-12/31/89 (former employee) (Entered: 01/25/1990)

Jan. 25, 1990
497

Federal Court Monitor Report for months of Sept, Oct, Nov & Dec 1989 (l/26/90) (former employee) (Entered: 01/29/1990)

Jan. 26, 1990
498

Federal Court Monitor Report of court order violation 2/15/90 (former employee) (Entered: 02/16/1990)

Feb. 15, 1990
499

Defts' Statistical data report from 1/1/90-1/31/90 (former employee) (Entered: 02/20/1990)

Feb. 20, 1990
500

Federal Court Monitor Report of court order violations 2/27/90 for month of February 1990 (former employee) (Entered: 02/27/1990)

Feb. 27, 1990
501

Deft's statistical data report (former employee) (Entered: 03/12/1990)

March 12, 1990
502

Federal Monitor report for the months of January & February 1990 (former employee) (Entered: 03/15/1990)

March 15, 1990
503

Federal Court Monitor Rpt of Court Order Violations 4/6/90 for months of March & April (former employee) (Entered: 04/09/1990)

April 6, 1990
504

Defts' statistical data report from 3/1/90 through 3/31/90 (former employee) (Entered: 04/10/1990)

April 10, 1990
505

Federal Court Monitor Report of Court Order Violation during inspection 4/6/90 (former employee) (Entered: 04/18/1990)

April 17, 1990
507

Federal Monitor report of court order violations 5/8/90 (former employee) (Entered: 05/09/1990)

May 8, 1990
508

Defts' statistical data report (former employee) (Entered: 05/11/1990)

May 11, 1990
509

Federal Court Monitor Report of Court Violation 5/22/90 (former employee) (Entered: 05/23/1990)

May 22, 1990
510

Federal Court Monitor Report for months of March & April 1990 - Final Report (former employee) (Entered: 05/30/1990)

May 30, 1990
511

RECORD OF HRG: (see modified final order of this date) ntfd Honorable James A. Redden (former employee) (Entered: 06/29/1990)

June 29, 1990
512

Modified Final ORDER (see order) declaratory judgment & case be considered closed subject to the court reopening the case , ntfd Signed 6/29/90 microfilmed & ent 6/29/90 Honorable James A. Redden (former employee) (Entered: 06/29/1990)

June 29, 1990
513

Letter re exhibits: pltfs returned 10/25/90; defts none found (former employee) (Entered: 11/28/1990)

Nov. 27, 1990
514

MOTION AND SUPPORTING MEMORANDUM by Defendant Multnomah County FOR ORDER TO TERMINATE MODIFIED FINAL ORDER IN THIS CASE (former employee) Modified on 08/12/1997 (Entered: 08/12/1997)

Aug. 12, 1997

SUBSTITUTION of Attorney Thomas C Sponsler Jr replacing attorney Sandra N Duffy for Defendants Robert Skipper, Fred B Pearce, Gladys McCoy and Multnomah County (former employee) (Entered: 08/27/1997)

Aug. 12, 1997
515

ORDER by Honorable James A. Redden GRANTING MOTION FOR ORDER TO TERMINATE MODIFIED FINAL ORDER IN THIS CASE [514-1] Signed 8/12/97 (counsel notified) (former employee) (Entered: 08/13/1997)

Aug. 13, 1997
516

RECORD OF ORDER by Honorable James A. Redden Telephone Status Conference set for 10:00am 8/26/97 Court will initiate call (counsel notified) (former employee) (Entered: 08/21/1997)

Aug. 20, 1997
517

SUBSTITUTION of Attorney replacing attorney Jerome E La Barre by Forrest Reike & William J Savage for Frank Jackson, Herman Jackson, Donald Cobbs, Richard Kienitz, Wallace Washington, Raymond Wielebski, Robert C Curvey, Douglas Smalley, Gary Jordan (former employee) Modified on 08/25/1997 (Entered: 08/25/1997)

Aug. 22, 1997
519

CERTIFICATE OF SERVICE of attorney notice [517-1] by Plaintiffs (former employee) (Entered: 08/27/1997)

Aug. 25, 1997
518

RECORD OF PROCEEDINGS (TELEPHONE CONFERENCE) before Honorable James A. Redden TO REOPEN CASE ORDER: pursuant to court's ordersigned and filed 8/12/97 [515-1] is set aside. New counsel representing the class are Forrest N Rieke and William J Savage; ORDER: Plaintiffs response to Defendants motion to terminate order is due 10/14/97; Plaintiffs reply due 10/20/97; telephone oral argument set for 11/3/97 at 9:30am (counsel notified) Court Rptr Jerry Harris (former employee) (Entered: 08/27/1997)

Aug. 26, 1997
520

MOTION by Plaintiffs TO REOPEN CASE (RECORD) (former employee) (Entered: 10/15/1997)

Oct. 14, 1997
521

MOTION by Plaintiffs FOR ORDER TO DECLARE UNCONSTITUTIONAL 18:3626(b)(2) Oral Argument Requested (former employee) (Entered: 10/15/1997)

Oct. 14, 1997
522

RESPONSE by Plaintiffs to MOTION FOR ORDER TO DECLARE UNCONSTITUTIONAL 18:3626(b)(2) [521-1] (former employee) (Entered: 10/15/1997)

Oct. 14, 1997
523

AFFIDAVIT by Plaintiffs of Darcy Bjork (former employee) (Entered: 10/15/1997)

Oct. 14, 1997
524

MOTION by Defendant Multnomah County TO EXTEND TIME TO REPLY TO Plaintiffs RESPONSE TO MOTION TO TERMINATE ORDER [521-1] (former employee) (Entered: 10/21/1997)

Oct. 17, 1997
525

EXHIBITS 1-5 Plaintiffs motion to declare 18:3626(b)(2) unconstitutional [521-1] (former employee) (Entered: 10/22/1997)

Oct. 21, 1997
526

RECORD OF ORDER by Honorable James A. Redden GRANTING Defendants MOTION TO EXTEND TIME TO 10/27/97 TO REPLY TO Plaintiffs RESPONSE TO MOTION TO TERMINATE ORDER [524-1] (counsel notified) (former employee) (Entered: 10/23/1997)

Oct. 22, 1997
527

REPLY by Defendant to Plaintiff's response to MOTION FOR ORDER TO DECLARE UNCONSTITUTIONAL 18:3626(b)(2) [521-1], & to Plaintiff's MOTION TO REOPEN CASE (RECORD) [520-1] (former employee) (Entered: 10/27/1997)

Oct. 27, 1997
528

NOTICE OF ADDRESS CHANGE by attorney Multnomah County Counsel for Defendants' (former employee) (Entered: 10/29/1997)

Oct. 29, 1997

State / Territory: Oregon

Case Type(s):

Jail Conditions

Key Dates

Filing Date: Sept. 18, 1980

Closing Date: 1997

Case Ongoing: No

Plaintiffs

Plaintiff Description:

inmates at the Multnomah County Jail

Public Interest Lawyer: Unknown

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Multnomah County (Multnomah), County

Case Details

Causes of Action:

42 U.S.C. § 1983

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: 1990 - 1997

Issues

General:

Totality of conditions

Type of Facility:

Government-run