Case: Witke v. Crowl

3:82-cv-03078 | U.S. District Court for the District of Idaho

Filed Date: Sept. 9, 1982

Closed Date: 1997

Clearinghouse coding complete

Case Summary

On September 9, 1982, female inmates at the North Idaho Correctional Institution (NICI) in Cottonwood, Idaho, filed a class action lawsuit under 42 U.S.C. § 1983 against the Idaho Department of Corrections in the U.S. District Court for the District of Idaho. The plaintiffs, represented by the American Civil Liberties Union National Prison Project and Idaho Legal Aid Services, alleged that their constitutional rights had been violated by gender discrimination in the areas of work-release, stud…

On September 9, 1982, female inmates at the North Idaho Correctional Institution (NICI) in Cottonwood, Idaho, filed a class action lawsuit under 42 U.S.C. § 1983 against the Idaho Department of Corrections in the U.S. District Court for the District of Idaho. The plaintiffs, represented by the American Civil Liberties Union National Prison Project and Idaho Legal Aid Services, alleged that their constitutional rights had been violated by gender discrimination in the areas of work-release, study-release, vocational training, education, employment, recreation, visitation, day passes, furloughs, and parole. They also alleged that their constitutional rights had been violated by inhumane conditions at the prison, including inadequate housing, food, sanitation, medical care, mental health care, personal security, access to courts, access to publications, classification procedures, and disciplinary procedures.

On January 23, 1983, the U.S. District Court for the District of Idaho (Judge Harold L. Ryan) approved a settlement agreement and administratively terminated the case. The agreement covered the areas of vocational training, education, work assignments, prison industries, recreation, passes and furloughs, parole, commissary access, telephone, mail, personal property, visitation, physical facilities, medical care, dental care, mental health care, personal hygiene supplies, classification procedures, disciplinary procedures, grievance procedures, staffing, access to courts, access to counsel, and censorship procedures. In May, 1988, the court approved a supplemental stipulated agreement further refining the requirements of the original settlement agreement.

On July 13, 1989, the plaintiffs asked the district court to hold the defendants in contempt for failure to comply with the agreement. On January 17, 1991, the district court (Judge Ryan) reopened the case for consideration of the motion for contempt. On May 7, 1991, the parties entered into an interim agreement, which was approved by the court on July 11, 1991. In the interim agreement, the defendants agreed (subject to funding by the state legislature) to construct a new institution for women prisoners in Idaho. It also contained specific agreements in the areas of medical and mental health, environmental safety, security, food service and sanitation, and programming. The interim agreement stated that the original settlement agreement remained in full force and was not superseded by this new agreement.

On January 23, 1993, the district court (Judge Ryan) administratively terminated the case without prejudice. On May 24, 1994, the plaintiffs asked the district court to reopen the case, alleging that the settlement agreement had been violated. On July 27, 1994, the district court (Judge Ryan) reopened the case. On July 26, 1995, the parties signed an agreement stating that the defendants were in compliance with the settlement agreement in the areas of censorship, passes and furloughs, non-legal telephone, personal hygiene supplies, personal property, discipline, parole, visitation, and non-legal mail. The agreement also stated that, although the defendants were in compliance with the original settlement agreement in the areas of medical, dental, psychiatric, and psychological services, they were considering privatizing the entire system, and the plaintiffs reserved the right to review the adequacy of the system if it changed. The agreement stated that the defendants were not in compliance in the areas of classification, grievance procedures, vocational training, work assignments, recreation, education, access to counsel, access to courts, physical facilities, commissary access, prison industries, and staffing.

On August 22, 1995, the parties made a joint motion for administrative termination, which the district court (Judge Larry M. Boyle) granted on August 29, 1995. On December 5, 1995, the district court (Judge B. Lynn Winmill) awarded attorneys fees to the plaintiffs' counsel.

On December 29, 1995, the parties signed a second compliance agreement, which stated that the defendants were in full or substantial compliance with the settlement agreement in all areas, with four exceptions: smoking in the prison, book collection and inventory lists, access to courts, and prison industries.

On January 9, 1997, the defendants asked the district court to reopen the case and to terminate the consent decree in accordance with the Prison Litigation Reform Act. On January 28, 1997, the district court (Judge Boyle) reopened the case. On March 11, 1997, the parties made a joint motion for approval of a stipulation of dismissal. On April 24, 1997, the district court (Judge Edward J. Lodge) approved the stipulation of dismissal and dismissed the case with prejudice.

Summary Authors

Kristen Sagar (7/10/2006)

People


Judge(s)

Lodge, Edward J. (Idaho)

Attorneys(s) for Plaintiff

Belodoff, Howard A. (Idaho)

Freeman, Alexa P. (District of Columbia)

Khan, Ayesha N. (District of Columbia)

Pevar, Stephen L. (Connecticut)

Robinson, Randy (Idaho)

Wright, Claudia T. (District of Columbia)

Attorneys(s) for Defendant

Altig, Stephanie A. (Idaho)

EchoHawk, Larry (Idaho)

Gates, Robert R. (Idaho)

Judge(s)

Lodge, Edward J. (Idaho)

Attorneys(s) for Plaintiff

Belodoff, Howard A. (Idaho)

Freeman, Alexa P. (District of Columbia)

Khan, Ayesha N. (District of Columbia)

Pevar, Stephen L. (Connecticut)

Robinson, Randy (Idaho)

Wright, Claudia T. (District of Columbia)

Attorneys(s) for Defendant

Altig, Stephanie A. (Idaho)

EchoHawk, Larry (Idaho)

Gates, Robert R. (Idaho)

Jones, Jim (Idaho)

Maulin, Stephanie A. (Idaho)

McNeese, Timothy R. (Idaho)

Miller, Nick (Idaho)

Murphy, A. I. (Idaho)

Vernon, Richard A. (Idaho)

Wilson, Timothy D. (Idaho)

Other Attorney(s)

Schlanger, Margo (District of Columbia)

Documents in the Clearinghouse

Document

Docket (PACER)

April 24, 1997 Docket
1

Complaint (for declaratory and injuctive relief)

Sept. 9, 1982 Complaint

Order Certifying Class Action

May 26, 1983 Order/Opinion

Stipulated Settlement Agreement

Aug. 31, 1984 Settlement Agreement

Supplemental Stipulated Agreement

May 1, 1988 Order/Opinion
111

Interim Agreement

Witke v. Spalding

May 9, 1991 Settlement Agreement

Compliance Agreement

Witke v. Spalding

July 26, 1995 Settlement Agreement
137

Second Compliance Agreement

Witke v. Spalding

Jan. 22, 1996 Settlement Agreement

Agreement Letter

Witke v. Spalding

Jan. 21, 1997 Settlement Agreement

Docket

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

ECF Number Description Date Link
1

COMPLAINT - Summons(es) issued (jb) (Entered: 11/28/1990)

Sept. 9, 1982
13

ANSWER by defendants (jb) (Entered: 11/28/1990)

Nov. 4, 1982
43

ORDER by Honorable Harold L. Ryan administratively terminating case pursuant to stipulated settlement agreement w/o prejudice (cc: all counsel) (jb) (Entered: 11/28/1990)

Jan. 23, 1985
74

MOTION by plaintiffs for order to show cause why dfts should not be held in civil contempt (jb) (Entered: 11/28/1990)

July 13, 1989
78

RESPONSE by defendants to plas' motion for order to show cause why dfts should not be held in civil contempt [74-1] (jb) (Entered: 11/28/1990)

Aug. 7, 1989
83

REPLY by plaintiffs to response to motion for order to show cause why dfts should not be held in civil contempt [74-1] (jb) (Entered: 11/28/1990)

Sept. 5, 1989
91

ORDER OF REFERENCE by Honorable Harold L. Ryan referring to Magistrate Mikel H. Williams the motion for order to show cause why dfts should not be held in civil contempt [74-1] (cc: all counsel) (jb) (Entered: 11/28/1990)

July 30, 1990
92

NOTICE OF HEARING on plas' motion for order to show cause and motion to intervene set for 9/13/91 at 10:00 am before (MHW) in Boise (cc: all counsel) (jb) (Entered: 04/15/1991)

Sept. 5, 1990
93

NOTICE OF CHANGE OF ADDRESS of counsel Alexa P. Freeman, National Prison Project to: 1875 Connecticut Avenue N.W., Suite 410, Washington, D.C. 20009 (jb) (Entered: 04/15/1991)

Sept. 10, 1990
94

MINUTES OF HEARING ON MOTIONS via telephone; pla motion to intervene taken under advisement; status conf set for 10/17/90 (MHW) (jb) (Entered: 04/15/1991)

Sept. 13, 1990
95

NOTICE OF TELEPHONIC HEARING on motion to intervene set for 10/17/91 at 10:00 am before MHW in Boise (cc: all counsel) (jb) (Entered: 04/15/1991)

Sept. 18, 1990
96

NOTICE OF TELEPHONIC HEARING on status conf on 10/17/90 at 10:00 before MHW in Boise (cc: all counsel) (jb) (Entered: 04/15/1991)

Oct. 3, 1990
98

STIPULATION in support of motion to vacate telephonic status conf (jb) (Entered: 04/15/1991)

Oct. 16, 1990

FILE DIVISION - File # 3 begins with document # 99 (dkh) (Entered: 02/11/1997)

Oct. 17, 1990
99

ORDER by Magistrate Mikel H. Williams granting motion to vacate telephonic status conference [97-1] (cc: all counsel) (jb) (Entered: 04/15/1991)

Oct. 18, 1990
100

ORDER by Magistrate Mikel H. Williams denying pla's motion to intervene (cc: all counsel) (jb) (Entered: 04/15/1991)

Oct. 23, 1990
101

MINUTES OF TELEPHONE STATUS CONFERENCE - (MHW) another telephone status conference set for 11/29/90 at 11:30 (jb) (Entered: 04/15/1991)

Nov. 7, 1990
102

STATUS CONFERENCE ORDER by Magistrate Mikel H. Williams setting a tele status conf for 11:30 am on 11/20/90 before MHW in Boise (cc: all counsel) (jb) (Entered: 04/15/1991)

Nov. 7, 1990
103

MINUTES OF STATUS CONF before MHW - discovery ddl 1/21/91; pretrial motions ddl 2/21/91; parties request trial be set in Boise (jb) (Entered: 04/15/1991)

Nov. 20, 1990
104

STATUS CONFERENCE ORDER by Magistrate Mikel H. Williams ; discover ddl 1/21/91; pretrial motions ddl 2/21/91; 2 to 3-day trial set for 10/21/91 at 9:30 am in Boise before HLR (cc: all counsel) (jb) (Entered: 04/15/1991)

Nov. 21, 1990

REMARK - see hard docket for information prior to 11/22/90 (jb) (Entered: 01/16/1991)

Nov. 22, 1990
105

MOTION by plaintiffs' counsel, Claudia Wright, to withdraw as attorney (jb) Modified on 04/15/1991 (Entered: 12/19/1990)

Dec. 18, 1990
106

ORDER by Magistrate Mikel H. Williams granting motion by Claudia Wright to withdraw as attorney for plas [93-1] (cc: all counsel) (jb) Modified on 04/15/1991

Dec. 19, 1990
107

MOTION by plaintiffs for extension of discovery and pre-trial motion deadlines (jb) Modified on 04/15/1991 (Entered: 01/15/1991)

Jan. 14, 1991
108

MEMORANDUM by plaintiffs in support of motion for extension of discovery and pre-trial motion deadlines [95-1] (jb) Modified on 04/15/1991 (Entered: 01/15/1991)

Jan. 14, 1991
109

ORDER by Honorable Harold L. Ryan reopening the case (cc: all counsel) (jb) Modified on 04/15/1991 (Entered: 01/18/1991)

Jan. 17, 1991
109

ORDER OF REFERENCE by Honorable Harold L. Ryan referring to Magistrate Mikel H. Williams the motion for extension of discovery and pre-trial motion deadlines [105-1] Case referred to Magistrate Mikel H. Williams for all pretrial matters. (cc: all counsel) (jb) Modified on 04/15/1991 (Entered: 01/18/1991)

Jan. 17, 1991
110

ORDER by Magistrate Mikel H. Williams granting in part and denying in part plas' motion for extension of discovery and pre-trial motion deadlines [105-1] setting disc and motions deadlines ; Discovery ddl 7/15/91 ; Motion Filing ddl 8/12/91 (cc: all counsel) (jb) (Entered: 04/15/1991)

April 12, 1991
111

INTERIM AGREEMENT (see document for details) (jb) (Entered: 05/10/1991)

May 9, 1991
112

ORDER by Honorable Harold L. Ryan: parties have submitted an Interim Agreement, court will allow a period of 15 days for filing of objections, if none are received, court will approve Interim Agreement (cc: all counsel) (jb) (Entered: 05/13/1991)

May 10, 1991
113

MOTION by plaintiff AND ORDER extending time for filing objections by members of pla class to Interim Agreement by Honorable Harold L. Ryan (cc: all counsel) (jb) (Entered: 05/30/1991)

May 29, 1991
114

ORDER by Honorable Harold L. Ryan approving Interim Agreement filed 5/9/91 (cc: all counsel) (jb)

July 11, 1991
115

ORDER by Magistrate Mikel H. Williams denying pla's motion for order to show cause why dfts should not be held in civil contempt [74-1] as moot due to interim agreement reached by parties (cc: all counsel) (jb) (Entered: 08/27/1991)

Aug. 22, 1991
116

STIPULATION that paragraph XVI (E) of Settlement Agreement will be interpreted to require that in all classification decisions, including administrative segregation involving plas, that women will be afforded due process protections, including prior notice and an opportunity to be heard as provided in settlement agreement (jb) (Entered: 11/13/1991)

Nov. 8, 1991

5/11/92 operating under consent decree till 9/93 (rh)

May 11, 1992
117

STIPULATION for award of atty fees to plas (jb) (Entered: 01/13/1993)

Jan. 11, 1993
118

ORDER by Honorable Harold L. Ryan administratively terminating case w/o prejudice (cc: all counsel) (jb) (Entered: 01/29/1993)

Jan. 28, 1993
119

MOTION by plas to reopen the case (dkh) (Entered: 05/26/1994)

May 24, 1994
119

NOTICE by plas of violation (dkh) (Entered: 05/26/1994)

May 24, 1994
120

AFFIDAVIT of Howard Belodoff in support of notice [119-1], and motion to reopen the case [119-1] (dkh) (Entered: 05/26/1994)

May 24, 1994
121

NOTICE OF ATTORNEY APPEARANCE for defs by Robert R Gates, Stephanie A Maulin (dkh) (Entered: 06/13/1994)

June 7, 1994
122

RESPONSE by defs to motion to reopen the case and notice of violation [119-1] (dkh) (Entered: 06/13/1994)

June 7, 1994
124

ORDER by Honorable Harold L. Ryan granting motion to reopen the case [119-1] , and Case referred to Magistrate Larry M. Boyle for all pretrial matters. (cc: all counsel) (dkh)

July 27, 1994
125

NOTICE OF PHONE STATUS CONFERENCE ; Teleconf set for 2/8/95 11:00 before LMB in Boise (cc: all counsel) (dkh)

Jan. 18, 1995
126

MINUTES OF TELEPHONE HRG ON STATUS CONFERENCE - ; Teleconf held 2/8/95 and continued to 4/10/95 1:30 for further settlement discussion LMB (dkh) (Entered: 02/09/1995)

Feb. 8, 1995
127

NOTICE OF HEARING VIA TELEPHONE ; Teleconf set for 4/10/95 1:30 for status conference before LMB in Boise (cc: all counsel) (dkh) (Entered: 02/09/1995)

Feb. 8, 1995
128

AMENDED NOTICE OF HEARING ; Teleconf set for 4/10/95 vacated 3/27/95 ; Teleconf reset for 4/26/95 11:00 before LMB in Boise (cc: all counsel) (dkh)

March 27, 1995
129

MINUTES OF STATUS CONFERENCE - ; Teleconf held 4/26/95; Court will allow parties further discussions to settle this case and continued this matter for a follow-up telephone status conference ; Teleconf set for 8/1/95 10:00 , Status Conference Held LMB (dkh) (Entered: 04/27/1995)

April 26, 1995
130

NOTICE OF CONTINUED STATUS CONFERENCE VIA TELEPHONE ; Teleconf set for 8/1/95 10:00 before LMB in Boise (cc: all counsel) (dkh) (Entered: 04/27/1995)

April 26, 1995
131

AMENDED NOTICE OF HEARING ; Teleconf set for 8/1/95 1:00 before LMB in Moscow (cc: all counsel) (dkh)

July 27, 1995
132

NOTICE by plas and dfts of compliance agreement (wm) (Entered: 08/03/1995)

Aug. 2, 1995
133

MINUTES OF STATUS CONFERENCE - This Court shall administratively terminate this case. Ms Maulin to submit a joint stipulation and proposed order; Case Mgmt ddl set for 8/21/95 ; Teleconf was not held 8/1/95 LMB (dkh)

Aug. 10, 1995
134

JOINT MOTION by pla and def for administrative termination (dkh)

Aug. 22, 1995
135

ORDER by Magistrate Larry M. Boyle granting motion for administrative termination [134-1] terminating case (cc: all counsel) (dkh)

Aug. 29, 1995
136

STIPULATED JUDGMENT AND ORDER awarding attorney's fees and costs by Honorable B. Lynn Winmill : (cc: all counsel) (dkh) (Entered: 12/06/1995)

Dec. 5, 1995
137

CERTIFICATE OF COMPLIANCE by plas (dkh) (Entered: 01/23/1996)

Jan. 22, 1996
139

MEMORANDUM by defs in support of motion to reopen the case [138- 1] (dkh)

Jan. 9, 1997
140

MOTION by defs for relief from order and termination of consent decree (dkh) (Entered: 01/15/1997)

Jan. 14, 1997
141

MEMORANDUM by defs in support of motion for relief from order and termination of consent decree [140-1] (dkh) (Entered: 01/15/1997)

Jan. 14, 1997
142

AFFIDAVIT of Bona Miller regarding motion for relief from order and termination of consent decree [140-1] (dkh) (Entered: 01/15/1997)

Jan. 14, 1997
143

AFFIDAVIT of Debbie Shields regarding motion for relief from order and termination of consent decree [140-1] (dkh) (Entered: 01/15/1997)

Jan. 14, 1997
144

AFFIDAVIT of David A Sorensen regarding motion for relief from order and termination of consent decree [140-1] (dkh) (Entered: 01/15/1997)

Jan. 14, 1997
145

AFFIDAVIT of Stephanie A Altig regarding motion for relief from order and termination of consent decree [140-1] (dkh) (Entered: 01/15/1997)

Jan. 14, 1997
146

RESPONSE by plas to motion for relief from order and termination of consent decree [140-1], motion to reopen the case [138-1] (dkh)

Jan. 28, 1997
147

ORDER by Magistrate Larry M. Boyle granting motion to reopen the case [138-1] (cc: all counsel) (dkh) (Entered: 01/30/1997)

Jan. 28, 1997
148

ORDER by Honorable Edward J. Lodge Case reassigned to Honorable Edward J. Lodge , and Case referred to Magistrate Larry M. Boyle for all pretrial matters. (cc: all counsel) (dkh) (Entered: 02/11/1997)

Feb. 10, 1997
149

JOINT MOTION by plas and defs for approval of stipulation of dismissal (dkh) (Entered: 03/12/1997)

March 11, 1997
150

STIPULATION for dismissal (dkh) (Entered: 03/12/1997)

March 11, 1997

Settlement papers forthcoming (L. Case 3/13) (lc)

March 12, 1997
151

ORDER by Honorable Edward J. Lodge for posting of notice to pla class (cc: all counsel) (dkh) (Entered: 03/17/1997)

March 14, 1997
152

NOTICE of pla class (dkh) (Entered: 03/17/1997)

March 14, 1997
153

AFFIDAVIT of Angela Blom (dkh) (Entered: 04/02/1997)

April 1, 1997
154

ORDER by Honorable Edward J. Lodge granting stipulation for dismissal [150-1] dismissing case with prejudice (cc: all counsel) (dkh)

April 24, 1997

State / Territory: Idaho

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Sept. 9, 1982

Closing Date: 1997

Case Ongoing: No

Plaintiffs

Plaintiff Description:

all women prisoners at the Northern Idaho Correctional Institution

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

Idaho Department of Corrections (Cottonwood), State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Equal Protection

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

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: 1983 - 1997

Issues

General:

Access to lawyers or judicial system

Bathing and hygiene

Classification / placement

Disciplinary procedures

Education

Food service / nutrition / hydration

Library (non-law) access

Mail

Personal injury

Recreation / Exercise

Rehabilitation

Sanitation / living conditions

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

Medical/Mental Health:

Medical care, general

Mental health care, general

Type of Facility:

Government-run