Case: Montana Criminal Defense Lawyers Association v. State of Montana

6:06-cv-00035 | U.S. District Court for the District of Montana

Filed Date: July 11, 2006

Closed Date: 2006

Clearinghouse coding complete

Case Summary

On July 11, 2006, the Montana Association of Criminal Defense Lawyers, other civil rights organizations, and state legislators filed a lawsuit in the Supreme Court of Montana, seeking a temporary restraining order and preliminary and permanent injunctions banning all executions in the state. The complaint alleged that the state did not provide standards for the use of lethal injections in executions to ensure constitutional protections. The Supreme Court of Montana dismissed or denied all cla…

On July 11, 2006, the Montana Association of Criminal Defense Lawyers, other civil rights organizations, and state legislators filed a lawsuit in the Supreme Court of Montana, seeking a temporary restraining order and preliminary and permanent injunctions banning all executions in the state. The complaint alleged that the state did not provide standards for the use of lethal injections in executions to ensure constitutional protections. The Supreme Court of Montana dismissed or denied all claims. The court declined to exercise its original jurisdiction because the only prisoner scheduled to be executed, David Dawson, did not wish to appeal his death sentence and there were no other emergency circumstances warranting injunctive relief.

On August 4, 2006, the plaintiffs filed a complaint and motion for preliminary injunction in the United States District Court for the District of Montana seeking to litigate the issue of whether the procedure for administering lethal injections in Montana was constitutional. On August 7, 2006, the court (Judge Donald W. Molley) dismissed the case for lack of standing.

The plaintiffs appealed the same day. The Ninth Circuit affirmed the district court's ruling and dismissed the appeal on Aug. 10. Court documents explaining the court's reasoning are not publicly available.

The case is closed.

Summary Authors

Angela Heverling (7/28/2007)

Virginia Weeks (11/12/2017)

People


Judge(s)

Leaphart, W. William (Montana)

Molloy, Donald W. (Montana)

Attorneys(s) for Plaintiff

Johnson, Julia A. (Montana)

Waterman, Ronald F. (Montana)

Attorneys(s) for Defendant

Collins, Pamela P. (Montana)

Fowler, C. Mark (Montana)

McGrath, Mike (Montana)

Tweeten, Chris D. (Montana)

Judge(s)

Leaphart, W. William (Montana)

Molloy, Donald W. (Montana)

Attorneys(s) for Plaintiff

Johnson, Julia A. (Montana)

Waterman, Ronald F. (Montana)

Attorneys(s) for Defendant

Collins, Pamela P. (Montana)

Fowler, C. Mark (Montana)

McGrath, Mike (Montana)

Tweeten, Chris D. (Montana)

Documents in the Clearinghouse

Document

6:06-cv-00035

Docket [PACER]

Montana State Criminal Defense Lawyers Association v. State of Montana

Aug. 24, 2009

Aug. 24, 2009

Docket

6:06-cv-00035

Petition for Injunctive Relief (State Court)

Montana Criminal Defense Lawyers Assocation v. State of Montana

Montana state supreme court

July 11, 2006

July 11, 2006

Pleading / Motion / Brief

06-CV-0492

State's Response to Petition for Injunctive Relief

Montana state supreme court

July 24, 2006

July 24, 2006

Pleading / Motion / Brief

06-CV-0492

Order of the Montana Supreme Court Denying Petition

Montana state supreme court

July 25, 2006

July 25, 2006

Order/Opinion
2

6:06-cv-00035

Motion for Preliminary Injunction (District Court)

Montona Criminal Defense Lawyers Association v. State of Montana

Aug. 4, 2006

Aug. 4, 2006

Pleading / Motion / Brief
1

6:06-cv-00035

District Court Complaint

Montana Crimonal Defense Lawyers Association v. State of Montana

Aug. 4, 2006

Aug. 4, 2006

Complaint
12

6:06-cv-00035

District Court Order

Montana Association of Criminal Defense Lawyers v. Ferriter

Aug. 7, 2006

Aug. 7, 2006

Order/Opinion

6:06-cv-00035

Amended Complaint

Aug. 7, 2006

Aug. 7, 2006

Complaint

Docket

Last updated Sept. 5, 2022, 3:15 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against all defendants against all plaintiffs ( Filing fee $ 350 receipt number 35724.), filed by American Civil Liberties Union Of Montana.(Waterman, Ronald) (Entered: 08/04/2006)

Aug. 4, 2006

Aug. 4, 2006

2

MOTION for Preliminary Injunction by American Civil Liberties Union Of Montana. (Waterman, Ronald) (Entered: 08/04/2006)

Aug. 4, 2006

Aug. 4, 2006

3

Summons Issued as to State of Montana, Mike McGrath. Orig returned to Plaintiffs' Counsel. (Civil Cover Sheet Attached to this entry) (GAR, ) (Entered: 08/04/2006)

Aug. 4, 2006

Aug. 4, 2006

5

APPENDIX to complaint by American Civil Liberties Union Of Montana. (Attachments: # 1 # 2 # 3 # 4 # 5 # 6 # 7 # 8)(Waterman, Ronald) (Entered: 08/04/2006)

Aug. 4, 2006

Aug. 4, 2006

Notice of Correction: re 6 Amended Complaint,. Amended Complaint to be refiled correcting the parties. (GAR, ) (Entered: 08/07/2006)

Aug. 7, 2006

Aug. 7, 2006

7

AMENDED COMPLAINT against all defendants, filed by Gordon Bennett, John Sheehy, Brent Cromley, Steve Gallus, Dan Harrington, Don Ryan, Dan Weinberg, Norma Bixby, Paul Clark, Gail Gutsche, Montana Association Of Criminal Defense Lawyers, Joey Jayne, Jeanne Windham, Marietta Jaegar Lane, Eve Mallo, American Civil Liberties Union Of Montana, Montana Association Of Churches, Montana Catholic Conference.(Waterman, Ronald) (Entered: 08/07/2006)

Aug. 7, 2006

Aug. 7, 2006

8

MOTION to Dismiss by State of Montana, Department of Corrections, Mike Ferriter, Mike Mahoney, Attorney General, Mike McGrath & Does 1−10 (GAR, ) (Entered: 08/07/2006)

Aug. 7, 2006

Aug. 7, 2006

9

Brief in Support re 8 MOTION to Dismiss filed by State of Montana, Department of Corrections, Mike Ferriter, Mike Mahoney, Mike McGrath, Does. (Attachments: # 1 Exhibit A & B# 2 Affidavit of Cheryl Caughlin Bolton)(GAR, ) (Entered: 08/07/2006)

Aug. 7, 2006

Aug. 7, 2006

10

Minute Entry for proceedings held before Judge Donald W. Molloy : Ron Waterman for plaintiff; Pamela Collins for dft; parties argue; oral ruling from bench: case to be dismissed for lact of standing; Judge advises pla of right to file oral appeal; pla to advise court; written order to follow Evidentiary Hearing held on 8/7/2006; . (Court Reporter DBH.) (MCN, ) Modified on 8/7/2006 (MCN, ). Modified on 8/7/2006 (MCN, ). Modified on 8/7/2006 (MCN, ). (Entered: 08/07/2006)

Aug. 7, 2006

Aug. 7, 2006

Remark Docket Text of Minute Entry of 8/7/06 mailed to counsel, Collins, McGrath and Tweeten (GAR, ) (Entered: 08/07/2006)

Aug. 7, 2006

Aug. 7, 2006

11

NOTICE OF APPEAL by Montana Association Of Criminal Defense Lawyers. from oral order dismissing case for lack of standing. Filing fee $ 455 due. (BAW, ) Modified on 8/7/2006 (BAW, ). (Entered: 08/07/2006)

Aug. 7, 2006

Aug. 7, 2006

12

ORDER DISMISSING CASE. Signed by Judge Donald W. Molloy on 8/7/2006. (MMH, ) (Entered: 08/07/2006)

Aug. 7, 2006

Aug. 7, 2006

Remark Court's Order #12 faxed to Defense Counsel. (GAR, ) (Entered: 08/07/2006)

Aug. 7, 2006

Aug. 7, 2006

13

AMENDED NOTICE OF APPEAL as to 12 Order Dismissing Case by Montana Association Of Criminal Defense Lawyers. Filing fee $ 455 DUE. (APP, ) (Entered: 08/07/2006)

Aug. 7, 2006

Aug. 7, 2006

14

SECOND AMENDED NOTICE OF APPEAL as to 12 Order Dismissing Case by Montana Association Of Criminal Defense Lawyers. Filing fee $ 455 due. Clerical error, caption correction. (MCN, ) (Entered: 08/07/2006)

Aug. 7, 2006

Aug. 7, 2006

15

Remark: Lodged Motion of David Dawson (SLN) (Entered: 08/08/2006)

Aug. 8, 2006

Aug. 8, 2006

Remark #15, Lodged Motion of David Dawson faxed to 9th Circuit Court of Appeals, Civil Docketing Unit and Death Penalty Clerk (GAR, ) (Entered: 08/08/2006)

Aug. 8, 2006

Aug. 8, 2006

16

TRANSCRIPT of Proceedings held on 8/7/06 before Judge Donald W. Molloy. Court Reporter: D. Hodges. Transcript kept in Helena Clerk's Office (BAF, ) (Entered: 08/09/2006)

Aug. 8, 2006

Aug. 8, 2006

17

MANDATE of USCA as to 14 Notice of Appeal filed by Montana Association Of Criminal Defense Lawyers, Appellants' motion to dismiss is granted. Appeal is dismissed. (GAR, ) (Entered: 08/10/2006)

Aug. 10, 2006

Aug. 10, 2006

ARCHIVE CASE INFORMATION FROM FRC DENVER, CO, 1 Transcript, 16 of 17 Box Number, 021−09−4507 FRC Accession Number (HEG, ) (Entered: 09/09/2009)

Aug. 24, 2009

Aug. 24, 2009

Case Details

State / Territory: Montana

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: July 11, 2006

Closing Date: 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A collection of organizational and individual persons who either function within or are residents of Montana seeking to prohibit the defendants from executing any person under the sentence of death

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Montana, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief request withdrawn/mooted

Issues

Death Penalty:

Lethal Injection - General