Case: Robyn A. v. McCoy

3:90-cv-01151 | U.S. District Court for the District of Oregon

Filed Date: Nov. 9, 1990

Closed Date: 1994

Clearinghouse coding complete

Case Summary

On November 9, 1990, two thirteen-year-old boys and a fifteen-year-old girl confined at the Donald E. Long Home (DELH) in Multnomah County, Oregon filed a class action lawsuit against the chairperson and members of the Board of County Commissioners for Multnomah County. The plaintiffs brought suit by and through Susan F. Mandiberg, professor of law at Northwestern School of Law of Lewis and Clark College, and were represented by counsel from Oregon Legal Services, Multnomah County Legal Aid, th…

On November 9, 1990, two thirteen-year-old boys and a fifteen-year-old girl confined at the Donald E. Long Home (DELH) in Multnomah County, Oregon filed a class action lawsuit against the chairperson and members of the Board of County Commissioners for Multnomah County. The plaintiffs brought suit by and through Susan F. Mandiberg, professor of law at Northwestern School of Law of Lewis and Clark College, and were represented by counsel from Oregon Legal Services, Multnomah County Legal Aid, the Juvenile Rights Project, and the National Center for Youth Law. They complained of unconstitutional conditions at the DELH, including dangerous physical conditions, inadequate medical services, and insufficient provision of meals, seeking declaratory and injunctive relief under 42 U.S.C. § 1983 on behalf of themselves and all others similarly situated at the DELH.

On April 23, 1992, the parties entered a consent decree in the United States District Court for the District of Oregon. The Court (Judge Helen J. Frye) ordered that the DELH must be closed on October 31, 1993, after which time a replacement facility would be utilized. Prior to closure, the defendants were to comply with a list of fifty provisions, including instituting a fire evacuation plan, providing janitorial services and medical care, and maintaining a comfortable temperature in the DELH. The consent decree provided for a monitor or panel of monitors, to be chosen jointly by the plaintiffs and defendants, in order to conduct on-site inspections of the DELH twice a year. The Court (Judge Frye) granted the parties' motion to dismiss on May 5, 1994, after the terms of the consent decree were fulfilled. The case file was sent to the FRC on March 15, 1995.

Summary Authors

Stacey Jensen (5/22/2006)

People


Judge(s)

Frye, Helen Jackson (Oregon)

Attorneys(s) for Plaintiff

Baldwin, Richard C. (Oregon)

Lambert, David Lee (California)

McFarlane, Julie A. (Oregon)

McKnight, Maureen H. (Oregon)

Ryan, Michelle [Micky] L. (Oregon)

Savage, Louis D. (Oregon)

Sherbo, Angela (Oregon)

Smith, Leslea S. (Oregon)

Attorneys(s) for Defendant

Doyle, J. Michael (Oregon)

Judge(s)

Frye, Helen Jackson (Oregon)

Attorneys(s) for Plaintiff

Baldwin, Richard C. (Oregon)

Lambert, David Lee (California)

McFarlane, Julie A. (Oregon)

McKnight, Maureen H. (Oregon)

Ryan, Michelle [Micky] L. (Oregon)

Savage, Louis D. (Oregon)

Sherbo, Angela (Oregon)

Smith, Leslea S. (Oregon)

Attorneys(s) for Defendant

Doyle, J. Michael (Oregon)

Kressel, Laurence (Oregon)

Lazenby, Henry H. Jr. (Oregon)

Documents in the Clearinghouse

Document

3:90-cv-01151

Docket [PACER]

March 15, 1995

March 15, 1995

Docket
4

3:90-cv-01151

Complaint (Class Action)

Nov. 9, 1990

Nov. 9, 1990

Complaint
62

3:90-cv-01151

Consent Decree

April 23, 1992

April 23, 1992

Order/Opinion

Resources

Docket

Last updated Aug. 15, 2022, 3:22 a.m.

ECF Number Description Date Link Date / Link
1

Application & ORD by plaintiff Robyn A to proceedin in forma pauperis-So approved. s/11/9/90 Magistrate William M. Dale, ntfd. (former employee) (Entered: 11/13/1990)

Nov. 9, 1990

Nov. 9, 1990

2

Application & ORD by plaintiff Justin H to proceed in forma pauperis-So approved. s/11/9/90 Magistrate William M. Dale, ntfd. (former employee) (Entered: 11/13/1990)

Nov. 9, 1990

Nov. 9, 1990

3

Application & ORD by plaintiff Rickie H to proceed in forma pauperis- So Approved. s/11-9-90 Magistrate William M. Dale, ntfd. (former employee) (Entered: 11/13/1990)

Nov. 9, 1990

Nov. 9, 1990

4

COMPLAINT-civil right-class action. (former employee) (Entered: 11/13/1990)

Nov. 9, 1990

Nov. 9, 1990

5

Summons issued as to defendant Rick Bauman (former employee) (Entered: 11/13/1990)

Nov. 9, 1990

Nov. 9, 1990

6

Summons issued as to defendant Pauline Anderson (former employee) (Entered: 11/13/1990)

Nov. 9, 1990

Nov. 9, 1990

8

Summons issued as to defendant Harold Ogburn (former employee) (Entered: 11/13/1990)

Nov. 9, 1990

Nov. 9, 1990

9

Summons issued as to defendant Sharron Kelley (former employee) (Entered: 11/13/1990)

Nov. 9, 1990

Nov. 9, 1990

10

Summons issued as to defendant Gretchen Kafoury (former employee) (Entered: 11/13/1990)

Nov. 9, 1990

Nov. 9, 1990

11

ORDER: discovery ddl set for 3/9/91; setting pretrial order ddl for 4/8/91 (former employee) (Entered: 11/13/1990)

Nov. 9, 1990

Nov. 9, 1990

12

MOTION by plaintiffs' to certify class action #12 o/a req. (former employee) (Entered: 11/13/1990)

Nov. 9, 1990

Nov. 9, 1990

13

Memorandum by plaintiffs' in support of motion to certify class action [12-1] (former employee) (Entered: 11/13/1990)

Nov. 9, 1990

Nov. 9, 1990

14

Affidavit of Angela Sherbo regarding motion to certify class action [12- 1] (former employee) (Entered: 11/13/1990)

Nov. 9, 1990

Nov. 9, 1990

15

Affidavit of Susan Mandiberg regarding motion to certify class action [12-1] purusant to FRCP 23(a) & 23(b)(2). (former employee) (Entered: 11/13/1990)

Nov. 9, 1990

Nov. 9, 1990

16

MOTION by plaintiffs for limited admission of David Lambert #16 (former employee) (Entered: 11/13/1990)

Nov. 9, 1990

Nov. 9, 1990

17

Summons issued as to dft Sharron Kelley (former employee) (Entered: 11/13/1990)

Nov. 9, 1990

Nov. 9, 1990

18

Summons issued as to defendant Harold Ogburn (former employee) (Entered: 11/13/1990)

Nov. 9, 1990

Nov. 9, 1990

19

Summons issued as to defendant Gretchen Kafoury (former employee) (Entered: 11/13/1990)

Nov. 9, 1990

Nov. 9, 1990

20

Summons issued as to defendant Pauline Anderson (former employee) (Entered: 11/13/1990)

Nov. 9, 1990

Nov. 9, 1990

21

Summons issued as to defendant Gladys Mc Coy (former employee) (Entered: 11/13/1990)

Nov. 9, 1990

Nov. 9, 1990

22

Summons issued as to defendant Rick Bauman (former employee) (Entered: 11/13/1990)

Nov. 9, 1990

Nov. 9, 1990

23

Return of service executed upon defendant Gretchen Kafoury on 11/9/90 (former employee) (Entered: 11/13/1990)

Nov. 13, 1990

Nov. 13, 1990

24

Return of service executed upon defendant Harold Ogburn on 11/9/90 (former employee) (Entered: 11/13/1990)

Nov. 13, 1990

Nov. 13, 1990

25

Return of service executed upon defendant Rick Bauman on 11/9/90 (former employee) (Entered: 11/13/1990)

Nov. 13, 1990

Nov. 13, 1990

26

Return of service executed upon defendant Pauline Anderson on 11/9/90 (former employee) (Entered: 11/13/1990)

Nov. 13, 1990

Nov. 13, 1990

27

Return of service executed upon defendant Sharron Kelley on 11/9/90 (former employee) (Entered: 11/13/1990)

Nov. 13, 1990

Nov. 13, 1990

28

Return of service executed upon defendant Gladys Mc Coy on 11/9/90 (former employee) (Entered: 11/13/1990)

Nov. 13, 1990

Nov. 13, 1990

30

Return of service executed upon defendant Gladys Mc Coy on 11/9/90 (former employee) (Entered: 11/16/1990)

Nov. 13, 1990

Nov. 13, 1990

29

RECORD OF ORD: Case reassigned to Honorable Helen J. Frye for all furth proceedings , cnsl use FR after case #. ntfd Magistrate William M. Dale (former employee) (Entered: 11/15/1990)

Nov. 14, 1990

Nov. 14, 1990

31

Affid of service executed upon all dfts on by delivering to atty HH Lazenby at Mult Cty 11/9/90 (former employee) (Entered: 11/16/1990)

Nov. 16, 1990

Nov. 16, 1990

32

RECORD OF ORD: granting pltf's motion for limited admission of David Lambert [16-1]. Court will not set pltf's mot for class cert #12 til dfts answer. ntfd Honorable Helen J. Frye (former employee) (Entered: 11/21/1990)

Nov. 20, 1990

Nov. 20, 1990

33

MOTION by defendant to extend time to answer to 12/28/90 #33-1 , to extend time re pltfs' certif of class #33-2 , affid (former employee) (Entered: 11/26/1990)

Nov. 23, 1990

Nov. 23, 1990

34

RECORD OF ORD: granting motion to extend time to answer to 12/28/90 [33-1] and to extend time re pltfs' certif of class [33-2] ntfd Honorable Helen J. Frye (former employee) (Entered: 12/04/1990)

Dec. 4, 1990

Dec. 4, 1990

35

RECORD OF ORD: grant pltfs motion for limited admission of David Lambert [16-1] ntfd Honorable Helen J. Frye (former employee) (Entered: 12/06/1990)

Dec. 6, 1990

Dec. 6, 1990

36

MOTION by defendants' to stay # 36-1 , to dismiss or abstain #36-2 (former employee) (Entered: 01/02/1991)

Jan. 2, 1991

Jan. 2, 1991

37

Memorandum by defendant in support of motion to stay [36-1], of motion to dismiss or abstain [36-2] (former employee) (Entered: 01/02/1991)

Jan. 2, 1991

Jan. 2, 1991

38

Affidavit of H.H. Lazenby, Jr. regarding motion to stay # [36-1], regarding motion to dismiss or abstain [36-2] (former employee) (Entered: 01/02/1991)

Jan. 2, 1991

Jan. 2, 1991

39

RECORD OF ORD: SET dft's mot to stay [36-1] (noa), or in alt motion to dismiss or abstain [36-2] M/C 2/4/91 (noa) ntfd Honorable Helen J. Frye (former employee) (Entered: 01/11/1991)

Jan. 11, 1991

Jan. 11, 1991

40

MOTION by plaintiff for enlargement of time to respond to mot stay, dism, etc (#36) #40 , affid (former employee) (Entered: 01/14/1991)

Jan. 11, 1991

Jan. 11, 1991

42

Memorandum in oppos by plaintiff to dfts'motion to stay [36-1], motion to dismiss or abstain [36-2] OA REQ (former employee) (Entered: 01/22/1991)

Jan. 18, 1991

Jan. 18, 1991

43

Affidavit of Denise Osborn regarding motion response [42-1] (former employee) (Entered: 01/22/1991)

Jan. 18, 1991

Jan. 18, 1991

44

RECORD OF ORD: resetting defts' motion to stay [36-1] & to dismiss or abstain [36-2] from 2/4/91 to M/C 2/11/91, 1:30. ntfd Honorable Helen J. Frye (former employee) (Entered: 01/25/1991)

Jan. 25, 1991

Jan. 25, 1991

45

Reply memo by defendant in support of motion to stay [36-1], or dismiss or abstain [36-2] (former employee) (Entered: 02/04/1991)

Feb. 1, 1991

Feb. 1, 1991

46

RECORD OF HRG on dfts' mot to stay or alt mot to dism #36-1 & 36-2. ORD deny dfts' mot to stay, etc #36-1 & 36-2. ntfd Honorable Helen J. Frye (former employee) (Entered: 02/12/1991)

Feb. 11, 1991

Feb. 11, 1991

47

Joint MOTION to enlarge the time for discovery #47 , affid (former employee) (Entered: 03/07/1991)

March 7, 1991

March 7, 1991

48

RECORD OF ORD: granting joint motion to enlarge the time for discovery [47-1] Discovery 7/9/91; PTO 8/9/91 , ntfd Honorable Helen J. Frye (former employee) (Entered: 03/11/1991)

March 8, 1991

March 8, 1991

49

ORDER grant pltfs motion to certify class action [12-1] Class defined as all children who were confined at Donald E. Long Home from 11/9/90, to date & all those who may be confined there in future. ntfd Signed 4/1/91 microfilmed & ent 4/2/91 Honorable Helen J. Frye (former employee) (Entered: 04/02/1991)

April 2, 1991

April 2, 1991

50

JOINT MOTION by parties for protective order #50 (former employee) (Entered: 04/26/1991)

April 26, 1991

April 26, 1991

51

RECORD OF ORD: grant joint motion for protective order [50-1] ntfd Honorable Helen J. Frye (former employee) (Entered: 05/02/1991)

May 1, 1991

May 1, 1991

52

MOTION by plaintiff for order allowing substitution of party (Gary Hansen for Gretchen Kafoury as dft) #52 , affid (former employee) (Entered: 05/14/1991)

May 13, 1991

May 13, 1991

53

RECORD OF ORD: granting pltf's motion for order allowing substitution of party (Gary Hansen for Gretchen Kafoury as dft) [52-1] ntfd Honorable Helen J. Frye (former employee) (Entered: 05/15/1991)

May 15, 1991

May 15, 1991

54

Joint MOTION by pltf to enlarge the time for discovery #54 (former employee) (Entered: 06/11/1991)

June 10, 1991

June 10, 1991

55

RECORD OF ORD: grant joint motion to enlarge the time for discovery to 10/7/91 and to enlarge time for dfts to resp to pltfs' lst set of itnerrogs & pltfs' lst req for admission to 6/18/91. ORD PTO 11/7/91/court's own motion , ntfd Honorable Helen J. Frye (former employee) (Entered: 06/12/1991)

June 11, 1991

June 11, 1991

56

Notice Substitution of counsel: RICHARD C BALDWIN for pltfs in substitution for LOUIS D SAVAGE (former employee) (Entered: 07/11/1991)

July 11, 1991

July 11, 1991

57

MOTION by defendant Gladys Mc Coy to extend time for filing of pretrial order [57-1] (cpriestley) (Entered: 11/05/1991)

Nov. 4, 1991

Nov. 4, 1991

58

RECORD OF ORD: granting motion to extend time for filing of pretrial order [57-1] PTO 12/15/91 , ntfd Honorable Helen J. Frye (former employee) (Entered: 11/13/1991)

Nov. 8, 1991

Nov. 8, 1991

LODGED: Pretrial Order (former employee) (Entered: 12/24/1991)

Dec. 23, 1991

Dec. 23, 1991

59

RECORD OF ORDER: Setting TELEPHONE Status Conf. for Mon., 1/13/92, 8:30AM for the setting of a trial date. ntfd Honorable Helen J. Frye (former employee) (Entered: 12/31/1991)

Dec. 30, 1991

Dec. 30, 1991

60

RECORD OF ORDER: Setting a Telephone Status Conf. Call, Thurs., 2/20/92 at 8:30AM before Judge Helen J. Frye ntfd Honorable Helen J. Frye (former employee) (Entered: 02/04/1992)

Feb. 4, 1992

Feb. 4, 1992

61

RECORD OF TELEPHONE STATUS CONF.: ORDER: Setting case for Trial 6/16/92 at 9:00AM before Judge Helen J. Frye (3 wks) ORDER: Setting P/T Conf., Mon., 6/8/92, at 10:30AM before Judge Helen J. Frye/ ntfd Honorable Helen J. Frye Court Rptr D. Grube (former employee) (Entered: 02/21/1992)

Feb. 20, 1992

Feb. 20, 1992

62

CONSENT JUDGMENT The Ptys. to this class action challenging the constitutionality of the conditions & practices at the Donald E. Long Home have agreed to a Jgm. which resolves all issues w/o trial. IT IS ORDERED, ADJUDGED & DECREED. The Ptys agree that Pltfs. are the prevailing pty. & are entitled to Atty. fees & costs. The Ptys will attempt to reach a separate agreement on the issues. If no agreement can be reached w/in 60 days, Pltfs. will w/in 120 days, submit the issue to the Ct. (See file for full 13 pg. Consent Decree) ntfd Signed 4/23/92 microfilmed 4/24/92 Honorable Helen J. Frye (former employee) (Entered: 04/24/1992)

April 23, 1992

April 23, 1992

63

STIPULATED MOTION by Parties TO DISMISS ACTION (former employee) (Entered: 05/04/1994)

May 4, 1994

May 4, 1994

64

ORDER OF DISMISSAL by Honorable Helen J. Frye GRANTING MOTION TO DISMISS ACTION [63-1] as the termcs of the Consent Decree has been fulfilled. Case is DISMISSED. Signed 5/4/94 (counsel notified) (former employee) (Entered: 05/05/1994)

May 5, 1994

May 5, 1994

CASE FILE SENT TO THE FRC Accession number 21-95-0061 Location number X3685 Box 65 of 190 (former employee) (Entered: 07/27/1995)

March 15, 1995

March 15, 1995

Case Details

State / Territory: Oregon

Case Type(s):

Juvenile Institution

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Nov. 9, 1990

Closing Date: 1994

Case Ongoing: No

Plaintiffs

Plaintiff Description:

juveniles at the Donald E. Long Home in Multnomah County, Oregon

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

National Center for Youth Law

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Multnomah County (Oregon), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

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: 1992 - 1994

Issues

General:

Fire safety

Food service / nutrition / hydration

Recreation / Exercise

Sanitation / living conditions

Staff (number, training, qualifications, wages)

Totality of conditions

Affected Gender:

Female

Male

Medical/Mental Health:

Medical care, general

Type of Facility:

Government-run