Case: Blackcrow v. Lake County Montana

9:21-cv-00097 | U.S. District Court for the District of Montana

Filed Date: Sept. 3, 2021

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about conditions of confinement in the Lake County Jail in Montana. The plaintiff, an incarcerated individual, filed this suit on September 3, 2021, in the U.S. District Court for the District of Montana against Lake County, the Lake County Sheriff, and ten individual law enforcement officers. The plaintiff alleged that he was denied medical care and subjected to unsanitary and unsafe conditions in the jail in violation of the Eighth Amendment. The plaintiff further asserted a Fo…

This is a case about conditions of confinement in the Lake County Jail in Montana. The plaintiff, an incarcerated individual, filed this suit on September 3, 2021, in the U.S. District Court for the District of Montana against Lake County, the Lake County Sheriff, and ten individual law enforcement officers. The plaintiff alleged that he was denied medical care and subjected to unsanitary and unsafe conditions in the jail in violation of the Eighth Amendment. The plaintiff further asserted a Fourteenth Amendment due process claim because he was allegedly deprived of reasonable access to a law library and thus access to courts. Finally, the plaintiff advanced a First Amendment free exercise theory because he and others were denied access to Native American religious ceremonies. Initially a single plaintiff action, the court appointed counsel and consolidated this case with other similar cases into a class action on behalf of all other individuals in the same jail during the same time period. The plaintiffs sought injunctive and declaratory relief as well as compensatory damages and attorneys' fees. Judge Donald Malloy presided over the case.

In an amended complaint filed on October 31, 2022, the named plaintiff also included his own individual allegations. The plaintiff alleged that he was treated unfairly because he refused to accept a plea offer from the district attorney. The plaintiff claimed that his Fourteenth Amendment due process rights were violated because he was given a longer sentence after choosing to go to trial. 

The parties entered settlement negotiations, and on August 24, 2023 the parties filed a joint motion to approve a settlement agreement. On November 21, 2023 the court approved the settlement agreement, and on March 12, 2024 the case was dismissed in accordance with the settlement agreement. The settlement required the Lake County Jail to amend its policies and procedures adapted from Lexipol policies and procedures, and to allow incarcerated individuals regular access to a Native American religious leader. The settlement also required Lake County Jail to construct an outdoor recreation area by November 2024, and additional housing units for inmates by November 2026. Finally, the defendant agreed to pay $189,400.24 in attorneys' fees and costs.

This case is closed, with the terms of the settlement to be met by November 2026.

Summary Authors

Claire Butler (12/30/2022)

Rabeya Mallick (5/2/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/60363480/parties/blackcrow-v-lake-county-montana/


Judge(s)

Molloy, Donald W. (Montana)

Attorney for Defendant

Collins, Jason (Montana)

Heiling, Marisa Lee (Montana)

Lukes, Robert C. (Montana)

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Documents in the Clearinghouse

Document
8

9:21-cv-00097

Amended Complaint, Jury Trial Demanded

Oct. 22, 2021

Oct. 22, 2021

Complaint
13

9:21-cv-00097

Consolidated Class Action Complaint and Jury Demanded

March 28, 2022

March 28, 2022

Complaint
27

9:21-cv-00097

First Amended Complaint

Oct. 31, 2022

Oct. 31, 2022

Complaint
131-1

9:22-cv-00127

Release and Settlement Agreement

In Re: Conditions at Lake County Jail

Aug. 24, 2023

Aug. 24, 2023

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/60363480/blackcrow-v-lake-county-montana/

Last updated May 2, 2024, 10:31 p.m.

ECF Number Description Date Link Date / Link
1

MOTION for Leave to Proceed in forma pauperis by Plaintiff Aloysius D. Blackcrow. Motions referred to Kathleen L. DeSoto. (TAG) (Entered: 09/03/2021)

Sept. 3, 2021

Sept. 3, 2021

PACER
2

COMPLAINT IFP/PRISONER (Filing fee $ 402 not paid), filed by Tyler F. Erickson, Aloysius D. Blackcrow, James R. Elverud, Stoney Corcoran, Shaun Robertson. (Attachments: # 1 Prayer for Relief, # 2 Exhibit, # 3 Proposed Order, # 4 Summons, # 5 Letter with return address) (TAG). Modified on 1/25/2022: complaint deemed filed (TAG). (Entered: 09/03/2021)

1 Prayer for Relief

View on PACER

2 Exhibit

View on PACER

3 Proposed Order

View on PACER

4 Summons

View on PACER

5 Letter with return address

View on PACER

Sept. 3, 2021

Sept. 3, 2021

PACER
3

MOTION to Appoint Counsel by Plaintiffs Aloysius D. Blackcrow, Stoney Corcoran, James R. Elverud, Tyler F. Erickson, Shaun Robertson. Motions referred to Kathleen L. DeSoto. (TAG) (Entered: 09/03/2021)

Sept. 3, 2021

Sept. 3, 2021

PACER
4

NOTICE re Address by Aloysius D. Blackcrow, Stoney Corcoran, James R. Elverud, Tyler F. Erickson, Shaun Robertson (TAG) (Entered: 09/21/2021)

Sept. 21, 2021

Sept. 21, 2021

PACER
5

NOTICE OF CASE OPENING re 2 Complaint IFP/Prisoner. Mailed to Plaintiffs with docket sheet (TAG) (Entered: 09/21/2021)

Sept. 21, 2021

Sept. 21, 2021

PACER
6

NOTICE by Aloysius D. Blackcrow, Stoney Corcoran, James R. Elverud, Tyler F. Erickson, Shaun Robertson re 2 Complaint IFP/Prisoner, (TAG) (Entered: 09/30/2021)

Sept. 30, 2021

Sept. 30, 2021

PACER
7

ORDER. Blackcrow shall proceed as the sole plaintiff in this action. Account Statement due by 11/4/2021. Signed by Magistrate Judge Kathleen L. DeSoto on 10/18/2021. Mailed to Blackcrow (TAG) (Entered: 10/18/2021)

Oct. 18, 2021

Oct. 18, 2021

PACER
8

AMENDED COMPLAINT, filed by Aloysius D. Blackcrow. (TAG) (Entered: 10/22/2021)

Oct. 22, 2021

Oct. 22, 2021

Clearinghouse
9

Prisoner Trust Fund Account Statement by Aloysius D. Blackcrow. (TAG) (Entered: 10/22/2021)

Oct. 22, 2021

Oct. 22, 2021

PACER
10

ORDER REASSIGNING CASE. Case reassigned to Judge Donald W. Molloy for all further proceedings. Judge Dana L. Christensen no longer assigned to case Signed by Judge Brian Morris on 1/10/2022. Mailed to Plaintiff (TAG) (Entered: 01/10/2022)

Jan. 10, 2022

Jan. 10, 2022

PACER
11

ORDER. Captioned cases consolidated. CV 21-97-M-DWM designated as lead case. Motions to proceed in forma pauperis granted as described and fee waived as to consolidated plaintiffs. Collection orders rescinded as described. All filings shall be made in the lead case and spread to the member cases. Pending motions to appoint counsel granted. Tim Bechtold conditionally appointed as described. Described notice of Bechtold due 3/1/22. Consolidated complaint due by 4/1/2022. Described notice from Plaintiff Martinez due 2/18/22. Motion for preliminary injunction in CV 21-122-M denied. Findings and Recommendations in CV 21-125-M terminated. Signed by Judge Donald W. Molloy on 1/24/2022. Mailed to Plaintiffs; forwarded to Lake County Jail, USDCF, and Bechtold as directed. (Attachments: # 1 Appendix) Associated Cases: 9:21-cv-00097-DWM et al. (TAG) (Entered: 01/24/2022)

Jan. 24, 2022

Jan. 24, 2022

PACER
12

NOTICE of Appearance by Timothy M. Bechtold on behalf of All Plaintiffs Associated Cases: 9:21-cv-00097-DWM et al. (Bechtold, Timothy) (Entered: 02/28/2022)

Feb. 28, 2022

Feb. 28, 2022

PACER
13

AMENDED COMPLAINT against All Defendants, filed by Aloysius D. Blackcrow. (Attachments: # 1 Summons Woods, # 2 Summons Bell, # 3 Summons Stinger, # 4 Summons Decker, # 5 Summons Stanley, # 6 Summons Barron, # 7 Summons Lake County) Associated Cases: 9:21-cv-00097-DWM et al. (Bechtold, Timothy) (Entered: 03/28/2022)

March 28, 2022

March 28, 2022

Clearinghouse
14

NOTICE by Aloysius D. Blackcrow Associated Cases: 9:21-cv-00097-DWM et al. (Bechtold, Timothy) (Entered: 03/28/2022)

March 28, 2022

March 28, 2022

PACER
15

NOTICE of Appearance by Constance Van Kley on behalf of All Plaintiffs Associated Cases: 9:21-cv-00097-DWM et al. (Van Kley, Constance) (Entered: 03/29/2022)

March 29, 2022

March 29, 2022

PACER
16

NOTICE of Appearance by Rylee K. Sommers-Flanagan on behalf of All Plaintiffs Associated Cases: 9:21-cv-00097-DWM et al. (Sommers-Flanagan, Rylee) (Entered: 03/29/2022)

March 29, 2022

March 29, 2022

PACER
17

ORDER Requesting Waiver. Waiver of Service of Summons is due within 30 days of this Order; if executed, an answer or other appropriate motion is due within 60 days of this Order. Waiver of Service due by 4/26/2022. Notice of Appearance due by 5/26/2022. Signed by Judge Donald W. Molloy on 3/30/2022. Documents mailed to defendants c/o Mitch Young as directed. Associated Cases: 9:21-cv-00097-DWM et al. (TAG) (Entered: 03/30/2022)

March 30, 2022

March 30, 2022

PACER
18

WAIVER OF SERVICE Returned Executed by Don Bell, Lake County Montana, Gale Decker, Undersheriff Woods, William Barron, Kate Stinger, Steve Stanley. (Higgins, Mark) (Entered: 03/31/2022)

March 31, 2022

March 31, 2022

PACER
19

Lake County Defendants' ANSWER to (13 in 9:21-cv-00097-DWM) Amended Complaint, and Jury Demand by William Barron, Don Bell, Gale Decker, Lake County Montana, Steve Stanley, Kate Stinger, Undersheriff Woods. Associated Cases: 9:21-cv-00097-DWM et al. (Heiling, Marisa) (Entered: 05/31/2022)

May 31, 2022

May 31, 2022

PACER
20

PRELIMINARY PRETRIAL CONFERENCE ORDER. Preliminary Pretrial Statement due by 7/7/2022. Joint Discovery Plan due by 7/7/2022. Statement of Stipulated Facts due by 7/7/2022. Pretrial Conference set for 7/14/2022 at 10:30 AM in Missoula, MT before Judge Donald W. Molloy. Signed by Judge Donald W. Molloy on 6/2/2022. (TAG) (Entered: 06/02/2022)

June 2, 2022

June 2, 2022

PACER
21

NOTICE of Appearance by Robert C. Lukes on behalf of William Barron, Don Bell, Gale Decker, Lake County Montana, Steve Stanley, Kate Stinger, Undersheriff Woods Associated Cases: 9:21-cv-00097-DWM et al. (Lukes, Robert) (Entered: 06/08/2022)

June 8, 2022

June 8, 2022

PACER
22

JOINT DISCOVERY PLAN by Aloysius D. Blackcrow. Associated Cases: 9:21-cv-00097-DWM et al. (Van Kley, Constance) (Entered: 07/07/2022)

July 7, 2022

July 7, 2022

PACER
23

PRELIMINARY PRETRIAL STATEMENT by Aloysius D. Blackcrow. Associated Cases: 9:21-cv-00097-DWM et al. (Van Kley, Constance) (Entered: 07/07/2022)

July 7, 2022

July 7, 2022

PACER
24

STATEMENT OF STIPULATED FACTS by Aloysius D. Blackcrow. Associated Cases: 9:21-cv-00097-DWM et al. (Van Kley, Constance) (Entered: 07/07/2022)

July 7, 2022

July 7, 2022

PACER
25

PRELIMINARY PRETRIAL STATEMENT by William Barron, Don Bell, Gale Decker, Lake County Montana, Steve Stanley, Kate Stinger, Undersheriff Woods. (Attachments: # 1 Exhibit A - Policy Declarations) Associated Cases: 9:21-cv-00097-DWM et al. (Heiling, Marisa) (Entered: 07/07/2022)

July 7, 2022

July 7, 2022

PACER
26

MINUTE ENTRY for proceedings held before Judge Donald W. Molloy: Preliminary Pretrial Conference held on 7/14/2022. (Law Clerk: S. Stephens) (Hearing held in Missoula) (NOS) (Entered: 07/14/2022)

July 14, 2022

July 14, 2022

PACER

Pretrial Conference - Initial

July 14, 2022

July 14, 2022

PACER
27

AMENDED COMPLAINT against All Defendants, filed by Aloysius D. Blackcrow. (Bechtold, Timothy) (Entered: 10/31/2022)

Oct. 31, 2022

Oct. 31, 2022

Clearinghouse
28

Order Lifting Stay

Jan. 3, 2024

Jan. 3, 2024

PACER
29

ORDER DISMISSING CASE. Signed by Judge Donald W. Molloy on 3/11/2024. Copy to unrepresented plaintiffs. Associated Cases: 9:21-cv-00097-DWM et al. (TAG)

March 12, 2024

March 12, 2024

RECAP
30

Judgment - Clerk

March 12, 2024

March 12, 2024

PACER

Case Details

State / Territory: Montana

Case Type(s):

Jail Conditions

Criminal Justice (Other)

Indigent Defense

Key Dates

Filing Date: Sept. 3, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The plaintiffs are a class of all inmates incarcerated at the Lake County Jail in 2021 and 2022.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Lake County (Lake), County

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Excessive bail/fines

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Free Exercise Clause

Equal Protection

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $189,400.24

Order Duration: 2023 - 2026

Issues

General/Misc.:

Bathing and hygiene

Buildings

Conditions of confinement

Fines/Fees/Bail/Bond

Religious programs / policies

Sanitation / living conditions

Discrimination Basis:

Religion discrimination

Jails, Prisons, Detention Centers, and Other Institutions:

Crowding (General)

Grievance procedures

Law library access

Medical/Mental Health Care:

Dental care

Medical care, general