Case: Sage v. Risley

2:85-00082 | U.S. District Court for the District of Montana

Filed Date: May 20, 1985

Clearinghouse coding complete

Case Summary

In 1985, visitors to the Montana State Prison filed a class action 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, who were represented by the American Civil Liberties Union, alleged that their constitutional rights had been violated when they were required to undergo strip searches before being allowed to visit the prison. Seven months after the initiation of the lawsuit, the parties entered …

In 1985, visitors to the Montana State Prison filed a class action 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, who were represented by the American Civil Liberties Union, alleged that their constitutional rights had been violated when they were required to undergo strip searches before being allowed to visit the prison.

Seven months after the initiation of the lawsuit, the parties entered into a settlement agreement, which enumerated several procedures to be followed by the prison authorities in relation to strip searches of visitors. In 1990, the defendants strip searched two prison visitors in violation of the settlement agreement, and they reached a second agreement with the plaintiffs' attorneys regarding that noncompliance. The plaintiffs' attorneys asked the court to award them attorneys' fees for their work in this second agreement with the defendants.

On February 18, 1992, the U.S. District Court for the District of Montana (Judge Paul Hatfield) granted the plaintiffs their attorneys fees, and ordered the defendants to pay. Sage v. Risley, 785 F.Supp. 134 (D.Mt. 1992). We have no further information on the proceedings in this case.

Summary Authors

Kristen Sagar (4/5/2006)

People


Judge(s)

Hatfield, Paul Gerhart (Montana)

Attorneys(s) for Plaintiff

Kozakiewicz, Vincent J (Montana)

Pevar, Stephen L. (Colorado)

Attorneys(s) for Defendant

Nagel, Karl (Montana)

Obie, James B. (Montana)

Rotering, Nick A. (Montana)

Judge(s)

Hatfield, Paul Gerhart (Montana)

Attorneys(s) for Plaintiff

Kozakiewicz, Vincent J (Montana)

Pevar, Stephen L. (Colorado)

Attorneys(s) for Defendant

Nagel, Karl (Montana)

Obie, James B. (Montana)

Rotering, Nick A. (Montana)

Documents in the Clearinghouse

Document

2:85-00082

Memorandum and Order

785 F.Supp. 134, 1992 U.S.Dist.LEXIS 2948

Feb. 18, 1992

Feb. 18, 1992

Order/Opinion

Resources

Docket

Last updated Aug. 8, 2022, 3:18 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Montana

Case Type(s):

Prison Conditions

Key Dates

Filing Date: May 20, 1985

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

visitors to the Montana State Prison

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Montana Department of Corrections, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Unreasonable search and seizure

Availably Documents:

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: 1985 - None

Issues

General:

Search policies

Strip search policy

Visiting

Type of Facility:

Government-run