Case: Day v. Benedetti

81-00627 | Oregon state trial court

Filed Date: April 21, 1981

Closed Date: 1982

Clearinghouse coding complete

Case Summary

On April 21, 1981, a juvenile confined in the Josephine County Jail filed a class action lawsuit under 42 U.S.C. § 1983 against Josephine County in the Circuit Court of the State of Oregon for the County of Josephine. The plaintiff and his guardian ad litem, represented by the Juvenile Rights Project of Oregon Legal Services, asked the court for declaratory and injunctive relief for himself and the class as well as monetary relief for himself, alleging that the defendants' practice of confinin…

On April 21, 1981, a juvenile confined in the Josephine County Jail filed a class action lawsuit under 42 U.S.C. § 1983 against Josephine County in the Circuit Court of the State of Oregon for the County of Josephine. The plaintiff and his guardian ad litem, represented by the Juvenile Rights Project of Oregon Legal Services, asked the court for declaratory and injunctive relief for himself and the class as well as monetary relief for himself, alleging that the defendants' practice of confining juveniles in the Josephine County Jail without separating them from the sight and sound of adult inmates violated juveniles' rights under state law and the 8th Amendment.

The Court (Judge Richard L. Barron) approved a consent decree on June 11, 1982. In the consent decree Josephine County agreed (a) to comply with Oregon State Law requiring juveniles to be separated from the sight and sound of detained adults and to refrain from housing juveniles in the Josephine County Jail without first making modifications to the facility to enable juveniles to be effectively separated, excepting juveniles held on adult charges, (b) to allow plaintiff's counsel, guardian ad litem, or a mutually acceptable representative to enter and inspect the Jail to monitor compliance, (c) to provide notice to plaintiff's counsel in the event of any modifications to the Jail affecting juveniles or of the improper placement of juveniles with adults, excepting emergencies where notice would be impossible, and (d) to report to plaintiff's counsel the number and location of juveniles detained. In addition, both plaintiff and defendant waived any rights to an award of attorneys' fees and costs, and the named plaintiff received a payment of $7,000 on his claim for monetary relief.

We have only the consent decree and therefore do not have any further information on this case.

Summary Authors

Kristen Sagar (11/19/2007)

People


Judge(s)

Barron, Richard L. (Oregon)

Attorneys(s) for Plaintiff

Baily, Alan (Oregon)

Gross, Jeanne (Oregon)

McFarlane, Julie A. (Oregon)

Nightingale, Margaret J. (Oregon)

Attorneys(s) for Defendant

Murray, Donald E. (Oregon)

Schultz, Duane William (Oregon)

Judge(s)

Barron, Richard L. (Oregon)

Attorneys(s) for Plaintiff

Baily, Alan (Oregon)

Gross, Jeanne (Oregon)

McFarlane, Julie A. (Oregon)

Nightingale, Margaret J. (Oregon)

Attorneys(s) for Defendant

Murray, Donald E. (Oregon)

Schultz, Duane William (Oregon)

Documents in the Clearinghouse

Document

Consent Judgment

June 11, 1982 Order/Opinion

Docket

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

Docket sheet not available via the Clearinghouse.

State / Territory: Oregon

Case Type(s):

Juvenile Institution

Key Dates

Filing Date: April 21, 1981

Closing Date: 1982

Case Ongoing: No

Plaintiffs

Plaintiff Description:

juveniles confined in the Josephine County Jail

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Josephine County Jail (Oregon), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1982 - 0

Issues

General:

Classification / placement

Youth / Adult separation

Type of Facility:

Government-run