Case: Langford v. Racicot AND In Re: Conditions at Montana State Prison v. Montana

6:92-cv-00013 | U.S. District Court for the District of Montana

Filed Date: Feb. 13, 1992

Case Ongoing

Clearinghouse coding complete

Case Summary

This entry describes the consolidated federal class action lawsuits arising out of complaints about the treatment of prisoners in Montana State Penitentiary. The Initial Class Action SuitOn January 28, 1992, inmates at the Montana State Penitentiary filed a pro se lawsuit under 42 U.S.C. § 1983 against the Montana Department of Corrections in the U.S. District Court for the District of Montana. The plaintiffs alleged that their constitutional rights had been violated by poor medical care, denta…

This entry describes the consolidated federal class action lawsuits arising out of complaints about the treatment of prisoners in Montana State Penitentiary.

The Initial Class Action Suit

On January 28, 1992, inmates at the Montana State Penitentiary filed a pro se lawsuit under 42 U.S.C. § 1983 against the Montana Department of Corrections in the U.S. District Court for the District of Montana. The plaintiffs alleged that their constitutional rights had been violated by poor medical care, dental care, and mental health care, overcrowding, fire hazards, environmental hazards, and security hazards, programming of prisoners, classification procedures, access to the prison for disabled inmates, and physical abuse by prison guards resulting in injury and death of inmates.

In May 1992, the Defendants twice moved for dismissal for failure to state a claim upon which relief could be granted. Magistrate Judge Leif Erickson held the Defendants' motion in abeyance until the Plaintiffs could file their amended complaint. On September 4, 1992, attorneys from the National Prison Project of the American Civil Liberties Union entered the case to represent the plaintiffs. The plaintiffs filed multiple amended complaints, and the plaintiffs also moved for class certification on October 7, 1992. On July 23, 1993, the plaintiffs were granted certification. Judge Erickson also denied the Defendants' motion to dismiss on August 12.

The Consolidation

On September 10, 1993, Magistrate Judge Leif Erickson consolidated this case with several other suits stemming from poor conditions at Montana State Prison (In re: Conditions at MSP, 6:93-cv-00046. On July 23, 1993, the district court certified the plaintiffs as a class, consisting of the current plaintiffs and other similarly situated inmates in the Maximum Security Unit since July 1, 1988 and in the future. Over the next few years, the court added 63 other lawsuits to the consolidation. The Clearinghouse has a list of the docket numbers for each of those suits, along with the names of the suits and the dates they were filed for most of them.

Settlement Agreement and Early Litigation

On October 28, 1994, the parties entered into a settlement agreement, and the U.S. District Court for the District of Montana (Magistrate Judge Erickson) granted preliminary approval. The agreement covered the areas of medical staffing, tuberculosis screening for inmates, intake medical screening, sick call, access to medication, annual physicals for prisoners, eye care, dental care, mental health care, out of cell recreation, preventive maintenance for prison buildings, compliance with public health and fire codes, objective classification, development of a disciplinary handbook, priority for treatment programs, maximum security procedures, staff supervision and training procedures, a prison-wide intercom system, procedures for use of force, population caps, revision of good time statutes, additional administrative staff, annual review of treatment plans, coordination with the parole board, and compliance with the Americans with Disabilities Act. On November 28, 1994, the U.S. Department of Justice filed notice of objections to the settlement agreement. On November 29, 1994, the district court (Judge Erickson) approved the settlement agreement.

On March 30, 1995, the plaintiffs asked the court to award them attorneys' fees and expenses. On November 9, 1995, the district court (Judge Erickson) ordered the defendants to pay $232,131.44 in attorneys' fees and expenses. Both the plaintiffs and the defendants appealed the award. On April 29, 1996, the U.S. Court of Appeals for the Ninth Circuit dismissed the appeals and affirmed the district court's decision, ordering both parties to pay their own costs on appeal.

Early Efforts Toward Reaching Compliance

On June 25, 1997, the defendants asked the court to dismiss the portions of the complaint dealing with the areas where they had already substantially complied with the settlement agreement. On August 1, 1997, the district court (Judge Erickson) found the defendants partially substantially compliant and granted the defendants' motion to dismiss in the areas of out of cell time, coordination with the parole board, annual review of treatment plans, priority for treatment programs, creation of a disciplinary handbook, use of force, revision of good time statutes, and additional administrative staff.

On October 9, 1998, the plaintiffs asked the court to award them reasonable attorneys' fees and expenses for the litigation period following the first award of attorneys' fees. On September 30, 1999, the district court (Judge Erickson) granted the plaintiffs' second request for attorneys' fees and expenses. The court ordered the plaintiffs to advise the court on how much additional billable time they had spent on the litigation. Langford v. Racicot, 1999 WL 33208662 (D.Mont. Sept. 30, 1999). On February 29, 2000, the parties advised the court that the motion for attorneys' fees had been resolved privately, and that all plaintiff parties had been paid.

Earlier, on January 27, 1999, the district court (Judge Erickson) held that the defendants were substantially compliant in several areas except the tuberculosis screening, and the court dismissed those complaints accordingly. On September 9, 1999, the tuberculosis issue was dismissed as well.

Later Efforts Toward Compliance

Most of what happened in the early 2000's were just fights about attorney's fees. A September 30, 1999 order determined that defendants did have to pay plaintiff's attorney's fees, 1999 WL 33208662, and the precise amount in question was solved privately in early 2000. By June of 2005, however, Judge Erickson ordered the parties to submit a report summarizing the current status of the case and giving a timeline as to when the court could expect resolution. That report was due later that month, but it was not publicly available.

On August 18, 2005, defendants filed a motion to dismiss the rest of the settlement agreement. In October of that year, Judge Erickson granted dismissal of one section, saying that defendants were substantially compliant, but then in January of the following year denied dismissal of the settlement agreement as a whole, instead granting the appointment of an expert to supervise. Unhappy with this result, defendants appealed, and the court stayed all other proceedings in the case until the appeals court ruled. On May 15, 2007, the Ninth Circuit dismissed the defendants' appeal in part and affirmed the lower court's decision in part. Defendants were stuck with the district court's decision after all.

In the meantime, Judge Leif Erickson retired from the bench in June of 2006, and Judge Jeremiah C. Lynch was assigned the case. In December of that year, Judge Lynch was assigned as the referral judge on pretrial matters, while Judge Donald W. Molloy would be the presiding judge.

By May of 2008, attention shifted to the ADA provisions of the case, which represented the final step for Montana to become compliant. The court appointed an ADA expert, Peter Robertson, but he was fired in July of that year, "based upon his utter inability or refusal to complete the assigned tasks." Doc. 1470.

The case then dragged on for several years as defendants continued to submit status reports and make improvements to the prison in an effort to become compliant. On April 11, 2012, the court ordered parties to engage in good faith talks to appoint an expert that would evaluate whether defendants were ADA compliant. On July 12, the court appointed Ralph Frazier and Paul Bishop as experts, ordering the parties to split the costs. They made the inspections in September and were given November 1 as the deadline for their report.

We do not have the report, but plaintiffs' June 24, 2013 motion for specific performance indicates that the experts found that defendants were still not substantially compliant. The court denied this request, however, asking that the parties first try to work it out amongst themselves.

On November 11, 2013, the court granted the parties' stipulated motion to extend the monitoring period. Defendants agreed to begin a tracking system for disabled inmates, and the parties were to submit a final list of remaining issues by March 2014. On February 12, 2016, the court again granted the parties' stipulated motion to extend the monitoring period until August 12, 2016. However, the day before that deadline the court granted one more extension (although warning that it would be the last) until February 12, 2017.

Final Settlement Agreements

The parties jointly moved for class action settlement on March 2, 2017. This Settlement Agreement was intended to resolve the parties' only remaining dispute from the 1994 Settlement Agreement, the integration of disabled prisoners into housing, facilities, programs, and services as required by the ADA. However, for unknown reasons this agreement was never addressed by Judge Lynch.

The parties moved jointly for a separate Settlement Agreement regarding prison conditions on January 19, 2018. The court denied this Settlement Agreement on January 24, 2018. Although the court generally accepted the terms of the agreement, it did not wish to retain jurisdiction over the matter, and requested that the parties revise their motion to include an alternative procedure for dispute resolution, such as binding arbitration. The parties jointly moved for the court to approve their revised Settlement Agreement on February 23, 2018, and the court approved the Settlement Agreement on February 27, 2018. The parties acknowledged that the defendant had moved significantly toward compliance in two major areas: barrier removal and policy change, and reached a resolution toward full compliance in the remaining disputed areas.

On June 19, 2018, the court entered judgment in accordance with the February 23, 2018, Class Action Settlement Agreement, and gave the Agreement final approval. The agreement revised the 2017 settlement to reflect that defendants had made substantial improvements in providing access and had very few issues left to solve. The dispute resolution provision in the new agreement required that any disputes first go through an arbitrator before going back to the court as a forum of last resort. The court left open the possibility of appointing a Special Master if future disagreements arise from the terms of the Settlement Agreement.

In February of the next year, the judge ordered the defendants to pay a sum total of $950,000 in attorney's fees to plaintiffs, pursuant to the 2018 Settlement Agreement.

Summary Authors

Kristen Sagar (8/2/2007)

Alex Wharton (12/2/2014)

Elizabeth Heise (11/1/2018)

Jack Hibbard (7/1/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/6317922/parties/langford-v-racicot/


Judge(s)

Erickson, Leif B. (Montana)

Attorneys(s) for Plaintiff

Balaban, Eric G. (District of Columbia)

Brenneman, Hugh Warren Jr. (Michigan)

Conley, Anna (Montana)

Ellingson, Jon (Montana)

French, Rebekah (Montana)

Giuttari, Jennifer (Montana)

Griffing, Elizabeth L (Montana)

Hoovestal, Palmer A (Montana)

Huff, Andrew (Montana)

Judge(s)

Erickson, Leif B. (Montana)

Attorneys(s) for Plaintiff

Balaban, Eric G. (District of Columbia)

Brenneman, Hugh Warren Jr. (Michigan)

Conley, Anna (Montana)

Ellingson, Jon (Montana)

French, Rebekah (Montana)

Giuttari, Jennifer (Montana)

Griffing, Elizabeth L (Montana)

Hoovestal, Palmer A (Montana)

Huff, Andrew (Montana)

Kashani, Hamid R. (Indiana)

Koren, Edward I. (District of Columbia)

Lopez, Mark J. (District of Columbia)

Morris, Sarah (Colorado)

Quereshi, Ajmel (District of Columbia)

Randall, Amy (Montana)

Rate, Alexander H. (Montana)

Renz, Jeffrey (Montana)

Robertson, Amy Farr (Colorado)

Sheehy, Edmund F. Jr. (Montana)

Winter, Margaret (District of Columbia)

Wurster, Scott C. (Montana)

Attorneys(s) for Defendant

Abbott, Christopher D (Montana)

Adams, Lois H (Montana)

Ambrose, Colleen E (Montana)

Baker, Elizabeth S (Montana)

Brown, Aislinn W (Montana)

Keller, P. Keith (Montana)

King, Michael R (Montana)

Koch, Diana (Montana)

Kradolfer, Kimberly A. (Montana)

McCarthy, McKenzie V. (Montana)

Ohler, David L. (Montana)

Payne, Timothy R. (District of Columbia)

White, Colleen Graham (Montana)

Expert/Monitor/Master

Lynch, Jennifer (California)

Documents in the Clearinghouse

Document

6:92-cv-00013

Docket [PACER]

Langford v. Racicot

June 19, 2018

June 19, 2018

Docket

93-cv-00046

Docket

In Re: Conditions at Montana State Prison

Dec. 11, 2019

Dec. 11, 2019

Docket
23

6:92-cv-00013

Fifth Amended Complaint

Langford v. Racicot

Dec. 30, 1993

Dec. 30, 1993

Complaint
314

6:92-cv-00013

Settlement Agreement

Langford v. Racicot

Oct. 26, 1994

Oct. 26, 1994

Settlement Agreement
367

6:92-cv-00013

Notice of Settlement

Langford v. Racicot

Nov. 29, 1994

Nov. 29, 1994

Pleading / Motion / Brief

6:92-cv-00013

Order [approving Settlement Agreement]

Langford v. Racicot

Dec. 29, 1994

Dec. 29, 1994

Settlement Agreement

6:92-cv-00013

Joint Stipulation Regarding Medical Care

Langford v. Racicot

Aug. 26, 1996

Aug. 26, 1996

Pleading / Motion / Brief
1030

6:92-cv-00013

Order

Langford v. Racicot

Sept. 26, 1996

Sept. 26, 1996

Order/Opinion
1103

6:92-cv-00013

Order to Dismiss Portions of Complaint in Accordance with Parties' Settlement Agreement of October 1994

Langford v. Racicot

Aug. 1, 1997

Aug. 1, 1997

Order/Opinion

6:92-cv-00013

Second Joint Stipulation Regarding Medical Care

Langford v. Racicot

Jan. 26, 1998

Jan. 26, 1998

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6317922/langford-v-racicot/

Last updated July 20, 2022, 3:08 a.m.

ECF Number Description Date Link Date / Link
2

MOTION to proceed in forma pauperis delivered to Judge Erickson. (MGS) (Entered: 10/22/1992)

Jan. 28, 1992

Jan. 28, 1992

PACER
3

MOTION to proceed in forma pauperis delivered to Judge Erickson. (MGS) (Entered: 10/22/1992)

Jan. 28, 1992

Jan. 28, 1992

PACER
4

MOTION to proceed in forma pauperis delivered to Judge Erickson. (MGS) (Entered: 10/22/1992)

Jan. 28, 1992

Jan. 28, 1992

PACER
5

COMPLAINT. (MGS) (Entered: 10/22/1992)

Jan. 28, 1992

Jan. 28, 1992

PACER
7

ORDER by Mag Judge Leif B. Erickson granting motion to proceed in forma pauperis [2-1] granting motion to proceed in forma pauperis [3-1] granting motion to proceed in forma pauperis [4-1]; clk shll issue smmns & sv legal cnsl for Dept of Corrections & Human Services by cert mail. (cpys to pltfs) (MGS) (Entered: 10/22/1992)

Feb. 13, 1992

Feb. 13, 1992

PACER

SUMMONS issued as to defendant; cpys order, complnt & smmns sent to legal counsel by cert mail, per Order. (MGS)

Feb. 13, 1992

Feb. 13, 1992

PACER
8

RETURN OF SERVICE executed upon defendant Jack McCormick on 2/18/92, by cert mail on cnsl. (MGS) (Entered: 10/22/1992)

Feb. 20, 1992

Feb. 20, 1992

PACER
9

CONSOLIDATED MOTIONS by defendant to dismiss, and to suspend discovery (MGS) (Entered: 10/22/1992)

March 5, 1992

March 5, 1992

PACER
10

ORDER by Mag Judge Leif B. Erickson that pltfs grnted 10 days frm rec't to file brf opposing dft's mtns. (cc: all counsel - pltfs' cpys by cert mail, rec'd 4/23/92) (MGS) (Entered: 10/22/1992)

April 22, 1992

April 22, 1992

PACER
11

MOTION by plaintiff Steve Ritchson to amend complaint (MGS) Modified on 10/23/1992 (Entered: 10/22/1992)

April 30, 1992

April 30, 1992

PACER
12

MOTION by plaintiff Steve Ritchson to extend time to respond to mtns. (MGS) (Entered: 10/22/1992)

April 30, 1992

April 30, 1992

PACER
13

MOTION by plaintiff Steve Ritchson for appointment of counsel (MGS) (Entered: 10/22/1992)

May 6, 1992

May 6, 1992

PACER
14

MOTION by plaintiff Steve Ritchson to amend & to remove pltf William Gray. (MGS) (Entered: 10/22/1992)

May 6, 1992

May 6, 1992

PACER
15

MOTION by plaintiff Steve Ritchson to produce documents (asking the Crt to direct MSP to produce documents) (MGS) (Entered: 10/22/1992)

May 6, 1992

May 6, 1992

PACER
16

MEMORANDUM/BRIEF by plaintiff Steve Ritchson in support of motion to produce [15-1] (MGS) (Entered: 10/22/1992)

May 6, 1992

May 6, 1992

PACER
17

RESPONSE by plaintiff Steve Ritchson to motion to dismiss [9-1] (MGS) (Entered: 10/22/1992)

May 6, 1992

May 6, 1992

PACER
18

MOTION by plaintiff Steve Ritchson to amend (MGS) (Entered: 10/22/1992)

May 6, 1992

May 6, 1992

PACER
19

2nd CONSOLIDATED MOTIONS by defendant to dismiss w/MEMORANDUM IN SUPPORT. (MGS) (Entered: 10/22/1992)

May 13, 1992

May 13, 1992

PACER
20

ORDER by Mag Judge Leif B. Erickson granting motion for appointment of counsel [13-1] Edmund F. Sheehy Jr. (cc: all counsel) (MGS) (Entered: 10/23/1992)

Sept. 4, 1992

Sept. 4, 1992

PACER
21

Copy 4, CJA CLAIM form, appointing atty Sheehy to rep pltfs for all further proceedings. (MGS) (Entered: 10/23/1992)

Sept. 4, 1992

Sept. 4, 1992

PACER
22

ORDER by Mag Judge Leif B. Erickson granting motion to amend complaint [11-1] denying motion to amend [14-1] granting motion to amend [18-1]; dft granted 20 days to respond further. (cc: all counsel) (MGS) Modified on 10/23/1992 (Entered: 10/23/1992)

Sept. 4, 1992

Sept. 4, 1992

PACER
23

ORDER by Mag Judge Leif B. Erickson, dft's first & second Consolidated Motions are held in abeyance until dft has responded to pltffs' third amended pldgs. (cc: all counsel) (MGS) (Entered: 10/23/1992)

Sept. 4, 1992

Sept. 4, 1992

PACER
24

ORDER by Mag Judge Leif B. Erickson denying motion to produce [15-1] (cc: all counsel - cpys FRCivP Rules 33 & 34 snt to pltfs) (MGS) (Entered: 10/23/1992)

Sept. 4, 1992

Sept. 4, 1992

PACER
25

ORDER by Mag Judge Leif B. Erickson, that pltffs' pldgs are construed as request for class action certification under FRCivP Rule 23(a) & (b)(2); pltffs hv 45 days frm rec't to file brf in suppt of certification; dfts shll resp per Local Rule time limits. (cc: all counsel) (MGS) (Entered: 10/23/1992)

Sept. 4, 1992

Sept. 4, 1992

PACER
26

MOTION by plaintiff William H. Gray for leave to withdraw as plaintiff in class action. (MGS) (Entered: 10/23/1992)

Sept. 9, 1992

Sept. 9, 1992

PACER
27

3RD CONSOLIDATED MOTIONS by defendant to dismiss w/MEMORANDUM IN SUPPT. (MGS) (Entered: 10/23/1992)

Sept. 22, 1992

Sept. 22, 1992

PACER
28

MOTION by plaintiffs to extend time to file responsive memorandum. (MGS) (Entered: 10/23/1992)

Sept. 28, 1992

Sept. 28, 1992

PACER
29

ORDER by Mag Judge Leif B. Erickson granting motion to extend [28-1]; pltfs have to 10/16/92 to file resp memo. (cc: all counsel) (MGS) (Entered: 10/23/1992)

Sept. 29, 1992

Sept. 29, 1992

PACER
30

MOTION by plaintiffs to certify class action (MGS) (Entered: 10/23/1992)

Oct. 7, 1992

Oct. 7, 1992

PACER
31

MEMORANDUM/BRIEF by plaintiffs in support of motion to certify class action [30-1] (MGS) (Entered: 10/23/1992)

Oct. 7, 1992

Oct. 7, 1992

PACER
32

AFFIDAVIT of Edmund F. Sheehy, Jr. re [30-1] (MGS) (Entered: 10/23/1992)

Oct. 7, 1992

Oct. 7, 1992

PACER
33

MEMORANDUM/BRIEF by plaintiffs in opposition to motion to dismiss [27-1] (MGS) (Entered: 10/23/1992)

Oct. 15, 1992

Oct. 15, 1992

PACER
34

MEMORANDUM/BRIEF by defendant in opposition to motion to certify class action [30-1] (MGS) (Entered: 10/27/1992)

Oct. 27, 1992

Oct. 27, 1992

PACER
35

REPLY by defendant to response to motion to dismiss [27-1] File delivered to: LBE/L.Clk. (MGS) Modified on 10/30/1992 (Entered: 10/30/1992)

Oct. 29, 1992

Oct. 29, 1992

PACER
36

AFFIDAVIT of Beverly Beck re [35-1] (MGS) (Entered: 10/30/1992)

Oct. 29, 1992

Oct. 29, 1992

PACER
37

AFFIDAVIT of Jack McCormick re [35-1] (MGS) (Entered: 10/30/1992)

Oct. 29, 1992

Oct. 29, 1992

PACER
38

REPLY by plaintiff to response to motion to certify class action [30-1] file delivered to: Judge Erickson. (MGS) (Entered: 11/09/1992)

Nov. 5, 1992

Nov. 5, 1992

PACER
39

MOTION by plaintiffs for pretrial conference (MGS) (Entered: 02/24/1993)

Feb. 22, 1993

Feb. 22, 1993

PACER
40

ORDER by Mag Judge Leif B. Erickson finding the motion to extend [12-1] moot. (cc: all counsel) (MGS) (Entered: 03/30/1993)

March 30, 1993

March 30, 1993

PACER
41

ORDER by Mag Judge Leif B. Erickson holding in abeyance the motion to dismiss [9-1] and the motion to suspend discovery [9-2], holding in abeyance the motion to dismiss [19-1], holding in abeyance the motion to dismiss [27-1] [First, Second & Third Consolidated Motions - held pending Crt's ruling on Mtn for Cert of Class]; holding in abeyance the motion to certify class action [30-1] pending Crt's review of all prisoner litigation re ongoing parallel litigation in MT courts; holding in abeyance the motion for leave to withdraw as pltf in potential class [26-1] pending Crt's determination of Mtn for Cert of Class; Pretrial conference set for 4/8/93 @ 1:30 p.m., in Fed. Bldg., Helena. (cc: all counsel, USM, Hlna Clk, RPR) (MGS) (Entered: 03/30/1993)

March 30, 1993

March 30, 1993

PACER
42

PRELIMINARY PRETRIAL STATEMENT of plaintiffs (MGS) (Entered: 04/05/1993)

April 1, 1993

April 1, 1993

PACER
43

PRELIMINARY PRETRIAL STATEMENT by defendant (KJH) (Entered: 04/09/1993)

April 7, 1993

April 7, 1993

PACER

REMARK - end of file folder #1. (MGS)

April 8, 1993

April 8, 1993

PACER

PROPOSED A0 85 Consent Form submitted by defendant and plaintiffs; snt w/file to Helena for Judge Lovell. (MGS)

April 9, 1993

April 9, 1993

PACER
44

SCHEDULING ORDER Mag Judge Leif B. Erickson: Motion filing: 12/8/93 - mtns/compel disc 11/26/93; Discovery due: 11/8/93; ans to interrogs by 10/8/93; pltf i.d. expert witnesses by 9/8/93, dft by 10/8/93; Status report: 10/8/93; attys conf wk of 1/3/94; lodge final PTO by 2/4/94. SETTLEMENT DATE 1/28/94. Final PTC 2/11/94 @ Helena. (cc: all counsel) (MGS) (Entered: 04/14/1993)

April 13, 1993

April 13, 1993

PACER
45

ORDER by Mag Judge Leif B. Erickson ; Complex Litigation conference 5/14/93 at 1:30 p.m., in crtroom of Judge Thomas C. Honzel, Lewis & Clark Cnty Crthouse, Hlna, MT. (cc: all counsel and Judges Honzel and McCarter) (MGS) (Entered: 04/15/1993)

April 14, 1993

April 14, 1993

PACER
46

ORDER by Judge Charles C. Lovell upon consent of parties this case transferred to Mag Judge Leif B. Erickson for final dispostion (cc: CCL, LBE, Sheehy, Ohler) (GAR) Modified on 05/03/1993 (Entered: 04/19/1993)

April 15, 1993

April 15, 1993

PACER

Consent to USMJ. Docketed for statistical purposes. (EBC, )

April 15, 1993

April 15, 1993

PACER

REMARK File to Clk, Msla, purs to consent. (GAR) Modified on 05/11/1993

April 19, 1993

April 19, 1993

PACER
47

ATTORNEY APPEARANCE (Addition of Counsel) for defendant Jack McCormick by P. Keith Keller (MGS) (Entered: 04/28/1993)

April 27, 1993

April 27, 1993

PACER
48

FOURTH AMENDED COMPLAINT [5-1] by plaintiffs; adding John Does I-X (MGS) (Entered: 04/28/1993)

April 28, 1993

April 28, 1993

PACER
49

ANSWER by defendant to [48-1] (MGS) (Entered: 05/12/1993)

May 7, 1993

May 7, 1993

PACER
50

PROOF/NOTICE OF SERVICE by defendant of defendant's first set of discovery requests (KJH) (Entered: 06/02/1993)

May 26, 1993

May 26, 1993

PACER
51

MOTION by plaintiffs' cnsl for order allowing interim payments of costs and fees. (MGS) (Entered: 07/14/1993)

July 8, 1993

July 8, 1993

PACER

REMARK - file to LBE/L.Clk. (MGS)

July 14, 1993

July 14, 1993

PACER
52

STIPULATION BY ALL to Modify Scheduling Order. (MGS) (Entered: 07/22/1993)

July 20, 1993

July 20, 1993

PACER
53

ORDER by Honorable Leif B. Erickson granting motion to certify class action [30-1]; action shll be maintained as class action purs to Rules 23(a) & 23(b)(2), FRCP; it shll consist of these pltfs & other similarly situated MSP inmates in Max Security Unit since July 1, l988 & in the future. Purs to Rule 23(d)(2), cnsl shll draft & submit w/n 10 days a stipulated version of notice of the cert of this class; cpys when approved shll be provided to ea inmate now in Max & add'l cpys posted in conspicuous areas of the Max Unit & other common areas of MSP during pendency of this litigation. (cc: all counsel) (MGS) (Entered: 07/29/1993)

July 23, 1993

July 23, 1993

PACER
54

ORDER by Honorable Leif B. Erickson denying motion for order granting interim pymnts of costs & fees [51-1]; cnsl shll inform Crt w/n 5 days of his intent re continued representation. (cc: all counsel) (MGS) (Entered: 07/29/1993)

July 26, 1993

July 26, 1993

PACER
55

SCHEDULING ORDER Honorable Leif B. Erickson: pretrial order lodged by 9/26/94; Motion filing: 8/26/94; Discovery due: 7/25/94; Motions to compel discovery by 8/8/94; Status report: 6/10/94; pltf i.d. expert witnesses by 4/25/94, deft by 5/25/94; cnsl convene attys' conf wk of 9/12/94. SETTLEMENT DATE; 09/19/94. (cc: all counsel) (MGS) (Entered: 07/30/1993)

July 26, 1993

July 26, 1993

PACER
56

ORDER by Honorable Leif B. Erickson that cnsl notify Crt w/n 10 days as to how they intend to proceed re pending mtns to dismiss & to suspend disc; & pltfs' cnsl shll inform Crt re pltff Gray's intent re his mtn to w/draw frm the class. (cc: all counsel) (MGS) (Entered: 07/30/1993)

July 26, 1993

July 26, 1993

PACER
57

RESPONSE by defendant to [56-1] (MGS) (Entered: 07/30/1993)

July 29, 1993

July 29, 1993

PACER
58

MOTION by plaintiff William H. Gray for leave to withdraw as party to this action. (MGS) (Entered: 08/05/1993)

Aug. 5, 1993

Aug. 5, 1993

PACER
59

MOTION to conditionally withdraw as attorney for plaintiffs, filed by atty Sheehy. (MGS) (Entered: 08/05/1993)

Aug. 5, 1993

Aug. 5, 1993

PACER

PROPOSED Notice of Class Cert'n submitted by all ptys (MGS)

Aug. 9, 1993

Aug. 9, 1993

PACER

REMARK - file to LBE/L.Clk. (MGS)

Aug. 9, 1993

Aug. 9, 1993

PACER
60

ORDER by Honorable Leif B. Erickson denying motion to dismiss [9-1], denying motion to suspend discovery [9-2] denying 2nd motion to dismiss [19-1] denying 3rd motion to dismiss [27-1] - all denied as moot. (cc: all counsel) (MGS) (Entered: 08/12/1993)

Aug. 12, 1993

Aug. 12, 1993

PACER
61

ORDER/NOTICE OF CLASS CERTIFICATION by Honorable Leif B. Erickson, on behalf of all persons similarly situated who have been housed as inmates in the Maximum Security Unit from 7/1/88 to date, and in the future. Cpys of this ntc shll be provided to ea inmate in Max at MSP and posted in conspicuous & public areas of ea housing unit at MSP and communal areas, during the pendency of this litigation & until further order of this Crt. (cc: all counsel) (MGS) (Entered: 09/28/1993)

Sept. 10, 1993

Sept. 10, 1993

PACER
62

ORDER by Honorable Leif B. Erickson consolidating this case for all pretrial purposes w/suits under Master File Docket CV 93-46-H-LBE; any pending motions in this case are held in abeyance until further order of this Crt. (cc: all counsel) (MGS) (Entered: 09/28/1993)

Sept. 10, 1993

Sept. 10, 1993

PACER
63

cpy of CASE MANAGEMENT ORDER NO. 1 by Honorable Leif B. Erickson, orig filed in CV 93-46-H-LBE. ATTACHMENT A AMENDED 1/14/94. (MGS) Modified on 01/18/1994 (Entered: 09/28/1993)

Sept. 13, 1993

Sept. 13, 1993

PACER
64

MOTION by plaintiffs for leave to file 5th amended complaint, w/Memo in Suppt. (MGS) Modified on 01/18/1994 (Entered: 01/18/1994)

Dec. 30, 1993

Dec. 30, 1993

PACER
65

FINDINGS OF FACT, CONCLUSIONS OF LAW & ORDER by Honorable Leif B. Erickson granting motion for leave to file 5th amended complaint [64-1] terminating party William H. Gray, party Donald Spotted Elk, party Steve Ritchson, party Jack McCormick, party John Does I-X, and substituting the parties set forth in heading of this Order; Clk shll so amnd caption of this case; action shll continue to be maintained as class action purs to Rules 23(a) & (b)(2) of FRCP; class is certified to consist of pltfs named herein & all other similarly situated MSP inmates currently @ MSP & Warm Sprngs expansion unit or who may be housed there in the future; Attchmnt A to CMO #1 shll be amnded to reflect new case caption; Clk shll sv cpys of 5th Amd Cmplnt on defts thru their cnsl Ohler & Keller, at cost of USA. Purs to Rule 23(d)(2), cnsl shll draft & submit for review w/n 10 days a stipulated notice of the cert of this class. (cc: all counsel w/amnded Attchmnt A) (MGS) (Entered: 01/18/1994)

Jan. 14, 1994

Jan. 14, 1994

PACER
67

AMENDED COMPLAINT [48-1], [5-1] by plaintiffs terminating plaintiff William H. Gray terminating plaintiff Donald Spotted Elk terminating plaintiff Steve Ritchson terminating defendant Jack McCormick terminating plaintiff John Does I-X adding Terry Langford, James Ball, James Peterschick, Jeff Delaphiano, Trueman Conrad, Anthel Brown, Dan Mason, Rudy Meissner, on behalf of themselves and all others presently incarcerated or who will in the future be incarcerated at the Montana State Prison, Marc Racicot, Rick Day, James "Mickey" Gamble, Mike Mahoney, MT ST Dept of Corrections. (MGS) Modified on 01/18/1994 (Entered: 01/18/1994)

Jan. 14, 1994

Jan. 14, 1994

PACER
68

MOTION by plaintiffs for attorneys Mark J. Lopez and Edward I. Koren to appear pro hac vice (MGS) (Entered: 02/16/1994)

Jan. 27, 1994

Jan. 27, 1994

PACER
69

DECLARATION OF MARK J. LOPEZ by plaintiffs re [68-1] (MGS) (Entered: 02/16/1994)

Jan. 27, 1994

Jan. 27, 1994

PACER
70

DECLARATION BY EDWARD I. KOREN filed by plaintiffs re [68-1] (MGS) (Entered: 02/16/1994)

Jan. 27, 1994

Jan. 27, 1994

PACER
71

ANSWER by defendants to [67-1] (MGS) (Entered: 02/16/1994)

Feb. 1, 1994

Feb. 1, 1994

PACER
72

ORDER by Mag Judge Leif B. Erickson granting motion for attorneys Mark J. Lopez and Edward I. Koren to appear pro hac vice [68-1] (cc: all counsel) (MGS) Modified on 02/16/1994 (Entered: 02/16/1994)

Feb. 2, 1994

Feb. 2, 1994

PACER
73

CASE MANAGEMENT ORDER NO. 1A by Mag Judge Leif B. Erickson adding cases listed on Attchmnt A to class action & consolidating all of said cases for PT proceedings & discovery, w/instructions re captions, separate filings, svc of documents, later filed cases & discovery. Discovery in all individual cases suspended pensing further Crt order. Pending mtns in individual cases held in abeyance until further Crt order; no mtn may be filed or renewed after this dt w/out lv of Crt. CASE STAYED pending further order of Crt. (cc: all counsel) (MGS) (Entered: 03/25/1994)

Feb. 18, 1994

Feb. 18, 1994

PACER

FINANCIAL ENTRY - PHV atty admission fees pd by ACLU on behalf of Edward I. Koren & Mark Lopez - Rec't #15456 in amt of $60.00. (MGS)

March 28, 1994

March 28, 1994

PACER
74

PRELIMINARY PRETRIAL STATEMENT by defendants (MGS) (Entered: 04/07/1994)

March 30, 1994

March 30, 1994

PACER
75

PREDISCOVERY DISCLOSURE STATEMENT by defendants (MGS) (Entered: 04/07/1994)

March 30, 1994

March 30, 1994

PACER
76

PRELIMINARY PRETRIAL STATEMENT by plaintiffs (MGS) (Entered: 04/07/1994)

April 1, 1994

April 1, 1994

PACER
77

SCHEDULING ORDER Mag Judge Leif B. Erickson: Motion filing ddl: (to compel discovery) 12/9/94 ; pretrial order lodged by 1/25/95 ; final pretrial conference set for 2:00 2/8/95 ; non-jury trial 2/13/95 9:00 a.m. @ Butte, MT Motion filing: 12/30/94 Discovery due: 11/25/94 Status report: 10/11/94; pltfs i.d. expert witnesses by 8/25/94, defts by 9/26/94; attys' conf wk of 1/16/95; proposed Findings of Fact & Conclusions of Law filed by 2/3/95. SETTLEMENT DATE: 01/18/95. (cc: all counsel, USM, RPR, Clk in Butte) (MGS) (Entered: 04/18/1994)

April 15, 1994

April 15, 1994

PACER
78

ORDER by Mag Judge Leif B. Erickson appointing MARY ANN SUTTON case manager herein; case management ddl: cnsl shll attend managemnt conf set for 9:00 5/16/94 in Missoula. (cc: all counsel & USM) ) (MGS) (Entered: 04/18/1994)

April 15, 1994

April 15, 1994

PACER
79

CASE MANAGER REPORT filed by case mgr Mary Ann Sutton. (cpys to all cnsl) (MGS) (Entered: 04/18/1994)

April 18, 1994

April 18, 1994

PACER
80

ATTORNEY APPEARANCE of Additional Counsel for defendants by Kimberly A. Kradolfer (MGS) (Entered: 05/17/1994)

May 11, 1994

May 11, 1994

PACER

REMARK - END OF FILE FOLDER #2. (MGS)

May 11, 1994

May 11, 1994

PACER
81

PROOF/NOTICE OF SERVICE by defendants of responses to lst requests for production. (MGS) (Entered: 05/17/1994)

May 11, 1994

May 11, 1994

PACER
82

PROOF/NOTICE OF SERVICE by defendants of responses to lst set of interrogatories. (MGS) (Entered: 05/17/1994)

May 11, 1994

May 11, 1994

PACER
83

BRIEF FILED by defendants in support of their objections to pltfs' lst requests for production nos. 71-75. (MGS) (Entered: 05/17/1994)

May 11, 1994

May 11, 1994

PACER
84

CASE MANAGER REPORT NO. 2 filed by case mgr Mary Ann Sutton. (Cpys to cnsl as shown on report) (MGS) (Entered: 06/03/1994)

June 2, 1994

June 2, 1994

PACER
85

ORDER by Mag Judge Leif B. Erickson that pltfs may inspect inmate admn files, incl but not ltd to med and psychological files of former inmates at MSP who are non-class members for pd of 5 yrs bef class designation or to 1/14/89. (cc: all counsel) (MGS) (Entered: 06/06/1994)

June 3, 1994

June 3, 1994

PACER
86

CONFIDENTIALITY AND RECORDS PRESERVATION/PROTECTIVE ORDER by Mag Judge Leif B. Erickson : (cc: all counsel) (MGS) (Entered: 06/06/1994)

June 3, 1994

June 3, 1994

PACER
87

PROOF/NOTICE OF SERVICE by defendants of 2nd requsts for production of documents to pltf. (MGS) (Entered: 06/16/1994)

June 14, 1994

June 14, 1994

PACER
88

CASE MANAGER REPORT NO. 3, filed by Mary Ann Sutton. (cpys to all cnsl as shown on Report) (MGS) (Entered: 06/21/1994)

June 20, 1994

June 20, 1994

PACER
89

STATUS REPORT by plaintiffs Terry Langford et al. (MGS) (Entered: 10/24/1994)

Oct. 6, 1994

Oct. 6, 1994

PACER
90

NOTICE OF PROPOSED SETTLEMENT. (BAW) (Entered: 11/04/1994)

Oct. 28, 1994

Oct. 28, 1994

PACER
91

SETTLEMENT AGREEMENT (BAW) (Entered: 11/04/1994)

Oct. 28, 1994

Oct. 28, 1994

PACER
92

ORDER by Mag Judge Leif B. Erickson that the Settlement Agreement is approved preliminarily; FURTHER ORDERED that defts. shall distribute the Notice of Proposed Settlement Agreement to all members of the plf. class by posting it in each housing unit at the MT State Prison by October 31, 1994; 10 copies of the Settlement Agreement shall be maintained at the High and Low Side law libraries for review;in the Maximum Security housing unit, two copies of the Settlement Agreement shall be made available for review in each of the housing modules; objections shall be made in writing to the Clerk's office in Missoula; all objections must be received by 11/14/94; plf. counsel shall prepare and file w/the Court a written response to each objection received by the Clerk of 11/23/94; if necessary, a fairness hearing shall be held on 11/28/94 at 9:30AM in Missoula. (BAW) (Entered: 11/04/1994)

Oct. 28, 1994

Oct. 28, 1994

PACER
93

MOTION by plaintiff Terry Langford for order for telephonic scheduling conference (BAW) (Entered: 11/04/1994)

Nov. 2, 1994

Nov. 2, 1994

PACER

Case Details

State / Territory: Montana

Case Type(s):

Prison Conditions

Special Collection(s):

Post-PLRA Jail and Prison Private Settlement Agreements

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 13, 1992

Closing Date: 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

inmates at the Montana State Penitentiary

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

ACLU National Prison Project

Civil Rights Education and Enforcement Center

Public Interest Lawyer: Yes

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Montana Department of Corrections, State

Montana State Prison (Deer Lodge ), State

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Freedom of speech/association

Unreasonable search and seizure

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

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1994 - None

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Hire

Implement complaint/dispute resolution process

Other requirements regarding hiring, promotion, retention

Training

Issues

General:

Classification / placement

Disparate Impact

Disparate Treatment

Excessive force

Fire safety

Pattern or Practice

Recreation / Exercise

Sanitation / living conditions

Staff (number, training, qualifications, wages)

Crowding:

Crowding / caseload

Discrimination-basis:

Disability (inc. reasonable accommodations)

Medical/Mental Health:

Dental care

Medical care, general

Mental health care, general

Type of Facility:

Government-run