Case: Terry D. v. Rader & Oklahoma

5:78-cv-00004 | U.S. District Court for the Western District of Oklahoma

Filed Date: Jan. 4, 1978

Closed Date: 1998

Clearinghouse coding complete

Case Summary

On January 4, 1978, Plaintiffs, represented by Legal Aid of Western Oklahoma, Inc., the National Juvenile Law Center and the Public Defender of Oklahoma County, filed this § 1983 class action lawsuit in the U.S. District Court Western District of Oklahoma challenging the conditions of confinement at the juvenile treatment centers of the State of Oklahoma. Plaintiffs sought injunctive and declaratory relief, as well as class certification. The Complaint alleged that plaintiffs were subjected …

On January 4, 1978, Plaintiffs, represented by Legal Aid of Western Oklahoma, Inc., the National Juvenile Law Center and the Public Defender of Oklahoma County, filed this § 1983 class action lawsuit in the U.S. District Court Western District of Oklahoma challenging the conditions of confinement at the juvenile treatment centers of the State of Oklahoma. Plaintiffs sought injunctive and declaratory relief, as well as class certification. The Complaint alleged that plaintiffs were subjected to (1) summary imposition of disciplinary measures; (2) solitary confinement; (3) mechanical restraints or shackles (4) restrictions on access to counsel; and (5) lack of rehabilitative treatment, all in violation of their constitutional rights.

On March 10, 1981, plaintiffs moved for a preliminary injunction to halt the use of all metallic restraint devices and to prohibit the restraint practice known as "hogtying. " Prior to a hearing on plaintiffs' motion, the parties arrived at a tentative settlement and presented a Settlement Agreement to the Court for approval.

On February 26, 1982, the District Court (Judge Ralph G. Thompson) refused to approve the settlement. Judge Thompson noted that the Oklahoma House of Representatives opposed settlement, and as such, he did not expect that any of the terms could be successfully implemented. Terry D. v. Rader ,93 F.R.D. 576 (W.D.Ok. 1982)

Following the denial of approval of the settlement, on March 4, 1982, plaintiffs sought a TRO and preliminary injunction to prohibit the confinement of children in facilities where fire, health and safety violations were in existence. On August 16, 1982, plaintiffs filed a subsequent request for a TRO, seeking to enjoin the use of solitary confinement cells at several juvenile facilities and to prohibit the punitive imposition of solitary confinement in excess of three hours at all institutions. Prior to the hearing on those motions, the parties agreed to the entry of an interim order. On November 2, 1982, the District Court entered the agreed order which placed restrictions on the use of the solitary confinement and the use of mechanical restraints or shackles. The Order also required that Oklahoma juvenile institutions be in compliance with applicable state and federal regulations regarding fire, health and safety. The District Court also certified the case as a class action.

Settlement negotiations continued and the parties reached a settlement in the form of a Consent Decree. The Decree was presented to the District Court who approved and entered it on May 31, 1984. The case was administratively dismissed at that time.

No case activity is recorded from the entry of the Consent Decree in 1984 through 1996.

On April 5, 1996, the District Court (Judge Ralph G. Thompson) entered an order dismissing the case as to several of the defendants without prejudice subject to the terms and conditions of the order, reserving the right to plaintiff to bring an enforcement motion. The Court retained jurisdiction over the case to resolve claims for attorneys, fees and costs. Dismissals of other defendants followed over the next several years.

On January 20, 1998, the 20th monitoring was submitted to the Court. On January 26, 1998, Judge Thompson dismissed the remaining defendant agency, the Oklahoma. Dept. of Human Services.

The last PACER docket entry reflects that on February 16, 1999, the final monitoring report was submitted. We have no further information on this case.

Summary Authors

Dan Dalton (2/25/2007)

People


Judge(s)

Thompson, Ralph Gordon (Oklahoma)

Attorneys(s) for Plaintiff

Bronstein, Alvin J. (District of Columbia)

DeMuro, Paul (Ohio)

Dew, Barbara J. (Oklahoma)

Elliott, John T. (Oklahoma)

Foster, Stan L. (Oklahoma)

Howard, David C. (Missouri)

Koren, Edward I. (District of Columbia)

Lambert, David Lee (California)

Novick, Steven A. (Oklahoma)

Judge(s)

Thompson, Ralph Gordon (Oklahoma)

Attorneys(s) for Plaintiff

Bronstein, Alvin J. (District of Columbia)

DeMuro, Paul (Ohio)

Dew, Barbara J. (Oklahoma)

Elliott, John T. (Oklahoma)

Foster, Stan L. (Oklahoma)

Howard, David C. (Missouri)

Koren, Edward I. (District of Columbia)

Lambert, David Lee (California)

Novick, Steven A. (Oklahoma)

Swanger, Harry F. (Missouri)

Weldon, Richard L. (Oklahoma)

Wright, Claudia T. (District of Columbia)

Attorneys(s) for Defendant

Burkett, William R. (Oklahoma)

Cartwright, Jan Eric (Oklahoma)

Edmondson, Drew (Oklahoma)

Foley, John J. (Oklahoma)

Geitgey, Jonna S. (Oklahoma)

Hurst, Guy Lee (Oklahoma)

Johnson, J. Harry (Alabama)

Lackey, Ken (Oklahoma)

Lee, Mitchell (Oklahoma)

Nance, Robert A. (Oklahoma)

Stipe, Gene (Oklahoma)

Strealy, Joseph W. (Oklahoma)

Taylor, Floyd W. (Oklahoma)

Tucker, Thomas H. (Oklahoma)

Waters, Charles Lee (Oklahoma)

Other Attorney(s)

Brown, David A. (Oklahoma)

Documents in the Clearinghouse

Document

5:78-cv-00004

Docket [PACER]

Terry D. v. Rader

Feb. 16, 1999

Feb. 16, 1999

Docket
1

5:78-cv-00004

Complaint for Declaratory and Injunctive Relief

Terry D. v. Rader

Jan. 4, 1978

Jan. 4, 1978

Complaint

5:78-cv-00004

Stipulated Agreement

Terry D. v. Rader

Jan. 11, 1982

Jan. 11, 1982

Settlement Agreement

5:78-cv-00004

Order

Terry D. v. Rader

93 F.R.D. 576

Feb. 26, 1982

Feb. 26, 1982

Order/Opinion

5:78-cv-00004

Interim Order

Terry D. v. Rader

Nov. 2, 1982

Nov. 2, 1982

Order/Opinion
249

5:78-cv-00004

Consent Decree

Terry D. v. Rader

Feb. 16, 1999

Feb. 16, 1999

Order/Opinion

Resources

Docket

Last updated Aug. 10, 2022, 3:15 a.m.

ECF Number Description Date Link Date / Link

COMPLAINT (kh) (Entered: 03/08/1996)

Jan. 4, 1978

Jan. 4, 1978

13

CONSENT JUDGMENT by Honorable Ralph G. Thompson dismissing case (cc: all counsel) (kh) (Entered: 03/08/1996)

May 31, 1984

May 31, 1984

188

ACCEPTANCE/NOTICE of Offer of jgm; pla acknowledges service and rcpt of an offer of jgm made by dfts allowing pla to take jgm for atty fees and costs in the amt of $33,716.25 agnst the Dept of Human Serv and $35,000 agnst the Office of Juvenile Affairs. Pla hereby accepts the ref offer in full satisfaction of pla cnsl pending claims for atty fees and costs agnst dft pursuant to the terms of the offer (cjs) (Entered: 03/05/1996)

Jan. 9, 1996

Jan. 9, 1996

189

RULE 68 OFFER OF JGM / NOTICE (cjs) (Entered: 03/05/1996)

Jan. 9, 1996

Jan. 9, 1996

190

MOTION for order to approve amd implementation plan for the Office of Juvenile Affairs (cjs) (Entered: 03/05/1996)

Jan. 9, 1996

Jan. 9, 1996

191

PLA AND DFT MEMORANDUM OF LAW IN SUPPORT OF approval of amd implementation plan for the office of juvenile affairs/ STATEMENT by plaintiff, defendant (cjs) (Entered: 03/05/1996)

Jan. 9, 1996

Jan. 9, 1996

192

ORDER by Honorable Ralph G. Thompson; Fifteenth monitoring rpt to court re the efforts of the Dept of Human Serv to implement the court approved plan for the Terry D. Consent Decree has been rec'd and is being reviewed. As before, for convenience the rpt is being maintained in this office. A copy of this ltr is directed to be filed by the Court Clerk in the records of the case so that public access to the rpt is assured. (cc: all counsel) (cjs) (Entered: 03/05/1996)

Jan. 17, 1996

Jan. 17, 1996

193

AMENDED COURT PLAN OF IMPLEMENTATION OFFICE OF JUV AFFAIRS/ NOTICE (cjs) (Entered: 03/05/1996)

Jan. 22, 1996

Jan. 22, 1996

194

JUDGMENT: by Honorable Ralph G. Thompson ; IT IS THEREFORE ORDERED that jgm be entered agnst dft Ok Dept of Human Serv and in favor of pla in the sum of $33,716.25 and agnst dft Ok Office of Juvenile Affairs and in favor of pla in the sum of $35,000.00 and that the same shall be paid topla's cnsl, Steven Novick and Gary A Taylor all reflecting the settlement of pla's cnsl's pending claim for fees and costs; and that the Clerk of this court enter this jgm in its civil dkt (cc: all counsel) (cjs) (Entered: 03/05/1996)

Jan. 22, 1996

Jan. 22, 1996

195

ATTORNEY APPEARANCE for defendants by Dorothy Brown (cjs) (Entered: 03/05/1996)

Feb. 12, 1996

Feb. 12, 1996

196

MOTION by defendant to quash (cjs) (Entered: 03/05/1996)

Feb. 12, 1996

Feb. 12, 1996

197

BRIEF IN SUPPORT FILED by defendant regarding motion to quash [196-1] (cjs) (Entered: 03/05/1996)

Feb. 12, 1996

Feb. 12, 1996

198

APPENDIX filed by defendant re brief [197-1] (cjs) (Entered: 03/05/1996)

Feb. 12, 1996

Feb. 12, 1996

199

MEMORANDUM by plaintiff in opposition to motion to quash [196-1] (cjs) (Entered: 03/05/1996)

Feb. 22, 1996

Feb. 22, 1996

200

APPENDIX filed by plaintiff re memorandum [199-1] (cjs) (Entered: 03/05/1996)

Feb. 22, 1996

Feb. 22, 1996

201

MOTION for order to set fairness hrg and approve class notice (cjs) (Entered: 03/05/1996)

Feb. 29, 1996

Feb. 29, 1996

202

MEMORANDUM in support of motion for order to set fairness hrg and approve class notice [201-1] (cjs) (Entered: 03/05/1996)

Feb. 29, 1996

Feb. 29, 1996

204

JOINT MOTION by plaintiff, defendant for order for temporary sealing of report (cjs) (Entered: 03/22/1996)

March 21, 1996

March 21, 1996

205

ORDER by Honorable David L. Russell for Honorable Ralph G. Thompson granting motion for order for temporary sealing of report [204-1] It is therefore ordered that the Compliance Report of Paul DeMuro, along with attachments filed on 3/21/96, be temporarily sealed (cc: all counsel) (cjs) (Entered: 03/22/1996)

March 21, 1996

March 21, 1996

218

TERRY D. MONITORING REPORT/NOTICE (seal) (Entered: 04/10/1996)

March 21, 1996

March 21, 1996

219

ATTACHMENTS TO COURT MONITOR'S REPORT/EXHIBITS by plaintiff Terry D (seal) (Entered: 04/10/1996)

March 21, 1996

March 21, 1996

206

JOINT MOTION by plaintiff, defendant for order to release compliance report w/out attachments (cjs) (Entered: 04/01/1996)

March 29, 1996

March 29, 1996

207

RESPONSE by plaintiff (cjs) (Entered: 04/01/1996)

March 29, 1996

March 29, 1996

208

ORDER by Honorable Ralph G. Thompson re Ord dtd 3/21/96 [205-1] The compliance report of Paul DeMuro ordered sealed by court order dtd 3/21/96 is hereby ord unsealed. The attach shall remain sealed until further order of the court (cc: all counsel) (cjs) (Entered: 04/01/1996)

March 29, 1996

March 29, 1996

209

ORDER by Honorable Ralph G. Thompson striking jnt pty motion for order to release compliance report w/out attachments [206-1] the mtn to release compliance rpt w/out attachments is stricken as moot, the court having heretofore released such rpt from seal sua sponte (cc: all counsel) (cjs) (Entered: 04/02/1996)

April 2, 1996

April 2, 1996

210

APPLICATION/MOTION by Office of Juvenile Affairs for leave to file a reply to pla's suppl response to dfts mtn to quash (cjs) (Entered: 04/04/1996)

April 3, 1996

April 3, 1996

211

ENTER ORDER by Honorable Ralph G. Thompson; several written responses to the notice of hrg have been rec'd by the court. Cnsl for all ptys may review such responses at the chambers of Judge Thompson (cc: all counsel) (cjs) (Entered: 04/04/1996)

April 3, 1996

April 3, 1996

212

ORDER by Honorable Ralph G. Thompson granting Office of Juvenile Affairs' motion for leave to file a reply to pla's suppl response to dfts mtn to quash [210-1] (cc: all counsel) (cjs) (Entered: 04/04/1996)

April 4, 1996

April 4, 1996

213

REPLY of the Office of Juvenile Affairs to pla's suppl respons to dft's mtn to quash re [207-1] (cjs) (Entered: 04/04/1996)

April 4, 1996

April 4, 1996

214

ORDER OF DISMISSAL by Honorable Ralph G. Thompson dismissing case IT IS THEREFORE ORD by the court that this action, as it pertains to the OJA dfts be and is hereby dism upon the terms and conditions set forth in this Order w/out prejudice to the right of the pla to move the court for enforcement of such terms and conditions as provided herein. IT IS FURTHER ORDERED by the court that the court shall retain jurisdiction of this action for the purpose of adjudicating any outstanding claims for costs and atty fees (cc: all counsel) (cjs) (Entered: 04/05/1996)

April 5, 1996

April 5, 1996

216

COURTROOM MINUTES:; hrg on compromise and dism of class action. Cause comes on for hrg. Ptys appear; Statements heard; Court finds the notice was proper and in order; Court also finds that the settlement is fair; Therefore Court approves order of dism and orders case dismissed (cc: all counsel) (cjs) (Entered: 04/10/1996)

April 5, 1996

April 5, 1996

215

APPLICATION/MOTION by dft Office of Juvenile Affairs for order to strike atty appearance of Roger Creecy (cjs) (Entered: 04/09/1996)

April 9, 1996

April 9, 1996

217

ORDER by Honorable Ralph G. Thompson granting Office of Juvenile Affairs' motion for order to strike atty appearance of Roger Creecy [215- 1] (cc: all counsel) (cjs) (Entered: 04/10/1996)

April 10, 1996

April 10, 1996

220

MOTION by plaintiff Terry D, plaintiff Romondo P, plaintiff David L, plaintiff Roger V, plaintiff Byron C, plaintiff Jeffery H, plaintiff Laura C, plaintiff Rebecca G to withdraw attorney Gary A Taylor (cjs) (Entered: 07/15/1996)

July 15, 1996

July 15, 1996

221

ORDER by Honorable Ralph G. Thompson granting motion to withdraw attorney Gary A Taylor [220-1] attorney Gary A Taylor for Rebecca G, attorney Gary A Taylor for Laura C, attorney Gary A Taylor for Jeffery H, attorney Gary A Taylor for Byron C, attorney Gary A Taylor for Roger V withdrawing attorney attorney Gary A Taylor for David L, attorney Gary A Taylor for Romondo P, attorney Gary A Taylor for Terry D (cc: all counsel) (cjs) (Entered: 07/17/1996)

July 16, 1996

July 16, 1996

222

LETTER to Paul DeMuro from Honorable Ralph G. Thompson; the sixteenth monitoring rpt to court re the efforts of the Dept of Human Services to implement court approved plan for the Terry D Consent Degree has been rec'd and is being reviewed. Rpt is being maintained in this office. (cjs) (Entered: 08/05/1996)

Aug. 2, 1996

Aug. 2, 1996

223

RULE 68 OFFER OF JUDGMENT/STATEMENT by defendant (cjs) (Entered: 09/10/1996)

Sept. 10, 1996

Sept. 10, 1996

224

ACCEPTANCE OF OFFER OF JUDGMENT/STATEMENT by plaintiff Terry D, plaintiff Romondo P, plaintiff David L, plaintiff Roger V, plaintiff Byron C, plaintiff Jeffery H, plaintiff Laura C, plaintiff Rebecca G, defendant L E Rader in support of statement [223-1] Plas' accept offer of jgm made by Dept of Human Serv allowing plas to take jgm for atty fees and costs in the amt of $9,495.00 against the DHS. Plas hereby accept the ref offer in full satisfaction of plas pending claims for atty fees and costs agnst DHS thru 8/7/96 pursuant to the terms of the offer (cjs) (Entered: 09/10/1996)

Sept. 10, 1996

Sept. 10, 1996

226

ORDER by Honorable Ralph G. Thompson finding the dft's motion to quash [196-1] moot. As a result of the Dismissal, the court finds that the pending mtn to quash is moot. Therefore, the mtn to quash is dism w/out prejudice to its refiling subject to the terms and conditions of the Order of Dismissal (cc: all counsel) (cjs) (Entered: 09/18/1996)

Sept. 18, 1996

Sept. 18, 1996

227

ORDER by Honorable Ralph G. Thompson ; monitoring rpt to the court re the efforts of the DHS to implement the court approved plan for Terry D. Consent Degree has been rcd. Rpt is being maintained in this office. Copy of this ltr is directed to be filed by the Court Clerk in records of case so that public access to the rpt is assured. (cc: all counsel) (cjs) (Entered: 11/07/1996)

Nov. 6, 1996

Nov. 6, 1996

228

MOTION by defendant L E Rader, defendant Gordon Chase, defendant John Leitka Jr, defendant Harold Wilson, defendant Bill Campbell, defendant R L Doyle, defendant Bill Harper, defendant David McCune, defendant Gary Hunt, defendant Reginald D Barnes, defendant Wilbur Cave, defendant W E Farha, defendant Leon Gilbert, defendant Jane Hartley, defendant R M Greer, defendant Dean James Sr, defendant Joe Voto, defendant Carl Ward for order confirming finding of court monitor and for dissolving the consent decree and the amd plan (cjs) (Entered: 11/20/1996)

Nov. 19, 1996

Nov. 19, 1996

229

ORDER by Honorable Ralph G. Thompson granting motion for order confirming finding of court monitor and for dissolving the consent decree and the amd plan [228-1] IT IS THEREFORE ORDERED by the Court that the terms, injunctions, and provisions of the 1984 Consent Decree to the extent it applies to OJA and the 1996 OJA Amended Plan be and are hereby dissoved. All monitoring activities directed toward OJA under the Consent Decree and Amended Plan shall cease with the entry of this order. IT IS FURTHER ORDERED by the court that the terms and conditions set forth in this Court's 4/15/96 Ord of Dismissal shall remain in full force and effect. The Court shall retain ancillary jurisdiction to enforce such terms and conditions. IT IS FURTHER ORDERED by the court that the 1984 Consent Decree and the 1995 Revised Court Plan of Implementation for DHS shall remain in full force and effect to the extent that they apply to DHS. IT IS FURTHER ORDERED by the court that the Court shall retain jurisdiction over this action for the purpose of adjudicating any outstanding claims for costs and atty fees (cc: all counsel) (cjs) (Entered: 11/21/1996)

Nov. 20, 1996

Nov. 20, 1996

230

ORDER by Honorable Ralph G. Thompson; the 17th monitoring rpt to the court re the efforts of the DHS to implement the court approved plan for the Terry D. consent Decree has been rcd and is being reviewed. The rpt is being maintained in this office. Copy of this ltr is directed to be filed by court clerk in the records of the case so that public access to the rpt is assured. (cc: all counsel) (cjs) (Entered: 01/24/1997)

Jan. 24, 1997

Jan. 24, 1997

231

ACCEPTANCE OF OFFER OF JUDGMENT/NOTICE by plaintiff Terry D, plaintiff Romondo P, plaintiff David L, plaintiff Roger V, plaintiff Byron C, plaintiff Jeffery H, plaintiff Laura C, plaintiff Rebecca G (cjs) (Entered: 02/12/1997)

Feb. 11, 1997

Feb. 11, 1997

232

RULE 68 OFFER OF JUDGMENT/NOTICE by defendant L E Rader, defendant Gordon Chase, defendant John Leitka Jr, defendant Harold Wilson, defendant Bill Campbell, defendant R L Doyle, defendant Bill Harper, defendant David McCune, defendant Gary Hunt, defendant Reginald D Barnes, defendant Wilbur Cave, defendant W E Farha, defendant Leon Gilbert, defendant Jane Hartley, defendant R M Greer, defendant Dean James Sr, defendant Joe Voto, defendant Carl Ward (cjs) (Entered: 02/12/1997)

Feb. 11, 1997

Feb. 11, 1997

233

JUDGMENT: by Honorable Ralph G. Thompson re [232-1]; IT IS THEREFORE ORDERED that jgm be entered agnst dft Ok Office of Juvenile Affairs in favor of pla in the sum of $27,737.50 and that same shall be paid to pla's cnsl, Steven A Novick and Gary A Taylor all reflecting the settlement of pla' s cnsl pending claim for fees and costs and that the clerk of this court enter this jgm in its civil dkt (cc: all counsel) (cjs) (Entered: 02/12/1997)

Feb. 12, 1997

Feb. 12, 1997

234

NOTICE/RULE 68 OFFER OF JUDGMENT by Dft Dept. of Human Services (cjs) (Entered: 05/14/1997)

May 13, 1997

May 13, 1997

235

NOTICE/ACCEPTANCE OF OFFER OF JUDGMENT by plaintiff Terry D, plaintiff Romondo P, plaintiff David L, plaintiff Roger V, plaintiff Byron C, plaintiff Jeffery H, plaintiff Laura C, plaintiff Rebecca G; pla acknowledge service and rcpt of an offer of jgm made by Dept of Human Services on 5/6/97 allowing pla's to take jgm for atty fees and costs in the amt of $8,550.00 agnst dft DHS (cjs) (Entered: 05/14/1997)

May 13, 1997

May 13, 1997

236

JUDGMENT: by Honorable Ralph G. Thompson dismissing case IT IS THEREFORE ordered that jgm be entered agnst dft Dept Human Services and in favor of the plas' in the sum of $8,550.00, and that the same shal be pd to pla's cnsl Steven A. Novick, all reflecting the settlement of pla's pending claim for atty fees and costs agnst dft Dept Human Services from August 1996 thru 4/26/97 and that the Clerk of the Court shall enter this jgm in its civil dkt (cc: all counsel) (cjs) (Entered: 05/22/1997)

May 22, 1997

May 22, 1997

237

ORDER by Honorable Ralph G. Thompson ; the eighteenth monitoring rpt to the court re the efforts of the Dept of Human Services to implement the court approved plan for the Terry D. consent Decree has been rec'd and is being reviewed. The rpt is being maintained in this office. A copy of this ltr is directed to be filed by the Court Clerk in the records of the case so that public access to the rpt is assured. (cc: all counsel) (cjs) (Entered: 05/27/1997)

May 27, 1997

May 27, 1997

239

ORDER by Honorable Ralph G. Thompson; the 20th monitoring rpt to the court re the efforts of the Dept of Human Services to implement the court approved plan for Terry D. Consent Decree has been rec'd and being reviewed. Rpt is being maintained in this office. (cc: all counsel) (cjs) (Entered: 01/20/1998)

Jan. 20, 1998

Jan. 20, 1998

240

ORDER OF DISMISSAL by Honorable Ralph G. Thompson dismissing DHS dfts IT IS THEREFORE ORD by the Court that this action, as it pertains to the DHS dfts, be and is hereby dism upon the terms and conditions set forth in this order w/out prej to the right of the plas to move the court for enforcement of such terms and conditions as the settlement agreement of the ptys as provided herein. IT IS FURTHER ORDERED by the court that the court shall retain jurisdiction of this action for the purpose of adjudicating any outstanding claims for costs and atty fees and shall retain ancillary jurisdiction of this action for the purpose of enforcing the terms and conditions of this order as the settlement agreement of the ptys (cc: all counsel) (cjs) (Entered: 01/26/1998)

Jan. 26, 1998

Jan. 26, 1998

241

COURTROOM MINUTES: re Ord of dismissal entered this date [240-1] ORDER OF DISMISSAL ENTERED (cjs) (Entered: 01/26/1998)

Jan. 26, 1998

Jan. 26, 1998

242

ATTORNEY APPEARANCE for defendant L E Rader, defendant Gordon Chase, defendant John Leitka Jr, defendant Harold Wilson, defendant Bill Campbell, defendant R L Doyle, defendant Bill Harper, defendant David McCune, defendant Gary Hunt, defendant Reginald D Barnes, defendant Wilbur Cave, defendant W E Farha, defendant Leon Gilbert, defendant Jane Hartley, defendant R M Greer, defendant Dean James Sr, defendant Joe Voto, defendant Carl Ward by Joseph W Strealy (cjs) (Entered: 01/26/1998)

Jan. 26, 1998

Jan. 26, 1998

243

ATTORNEY APPEARANCE for defendant L E Rader, defendant Gordon Chase, defendant John Leitka Jr, defendant Harold Wilson, defendant Bill Campbell, defendant R L Doyle, defendant Bill Harper, defendant David McCune, defendant Gary Hunt, defendant Reginald D Barnes, defendant Wilbur Cave, defendant W E Farha, defendant Leon Gilbert, defendant Jane Hartley, defendant R M Greer, defendant Dean James Sr, defendant Joe Voto, defendant Carl Ward by Jonna S Geitgey (cjs) (Entered: 01/26/1998)

Jan. 26, 1998

Jan. 26, 1998

TRANSCRIPT of hrg to approve settlement held on 1/26/98 by CSR Larry E. Marks (cjs) (Entered: 02/06/1998)

Feb. 5, 1998

Feb. 5, 1998

244

REQUEST/MOTION by defendant DHS for order for return of class correspondence and request that it be placed under seal (cjs) (Entered: 02/12/1998)

Feb. 11, 1998

Feb. 11, 1998

246

OFFER OF JUDGMENT / NOTICE by defendant DHS (cjs) (Entered: 02/12/1998)

Feb. 12, 1998

Feb. 12, 1998

247

JUDGMENT: by Honorable Ralph G. Thompson IT IS ORDERED that jgm be entered agnst dft DHS and in favor of the plfs in the sum of $18,637.50 and that the same shall be pd to plfs; cnsl, Steven A Novick, all reflecting the settlement of plfs' pending claim for costs and attorney's fees in this action from 5/2/97 through 1/27/98; the Clk of this Court is directed to enter this jgm in the civil docket (cc: all counsel) (ch) (Entered: 02/13/1998)

Feb. 13, 1998

Feb. 13, 1998

248

ORDER by Honorable Ralph G. Thompson granting motion for order for return of class correspondence and request that it be placed under seal [244-1] (cc: all counsel) (cjs) (Entered: 02/18/1998)

Feb. 13, 1998

Feb. 13, 1998

249

ORDER by Honorable Ralph G. Thompson; final monitoring rpt to court re the efforts of the DHS to implement the court approved plan for the Terry D. Consent Decree has been rec'd and is being reviewed. The rpt is maintained in this office. Copy of letter is to be filed by court clerk in records of the case so that public access to the rpt is assured. (cc: all counsel) (cjs) (Entered: 02/16/1999)

Feb. 16, 1999

Feb. 16, 1999

Case Details

State / Territory: Oklahoma

Case Type(s):

Juvenile Institution

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 4, 1978

Closing Date: 1998

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All children who are now or may be in the future confined in one of the juvenile treatment centers of the State of Oklahoma.

Attorney Organizations:

ACLU National (all projects)

ACLU National Prison Project

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Department of Institutions, Social and Rehabilitative Services , State

Boley State School for Boys Oklahoma Childrens' Center, State

Central Oklahoma Juvenile Treatment Center, State

L.E. Rader Diagnostic & Evaluation Center, State

L.E. Rader Intensive Treatment Center, State

Taft Whitaker State Children's Home, State

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

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1984 - 1998

Content of Injunction:

Preliminary relief granted

Issues

General:

Access to lawyers or judicial system

Administrative segregation

Confinement/isolation

Fire safety

Rehabilitation

Restraints : physical

Totality of conditions

Type of Facility:

Government-run