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Case Name Terry D. v. Rader & Oklahoma JI-OK-0001
Docket / Court 78-0004 ( W.D. Okla. )
State/Territory Oklahoma
Case Type(s) Juvenile Institution
Attorney Organization ACLU National (all projects)
ACLU National Prison Project
Case Summary
On January 4, 1978, Plaintiffs, represented by Legal Aid of Western Oklahoma, Inc., the National Juvenile Law Center and the Public Defender of Oklahoma County, filed this § 1983 class action lawsuit in the U.S. District Court Western District of Oklahoma challenging the conditions of confinement ... read more >
On January 4, 1978, Plaintiffs, represented by Legal Aid of Western Oklahoma, Inc., the National Juvenile Law Center and the Public Defender of Oklahoma County, filed this § 1983 class action lawsuit in the U.S. District Court Western District of Oklahoma challenging the conditions of confinement at the juvenile treatment centers of the State of Oklahoma. Plaintiffs sought injunctive and declaratory relief, as well as class certification. The Complaint alleged that plaintiffs were subjected to (1) summary imposition of disciplinary measures; (2) solitary confinement; (3) mechanical restraints or shackles (4) restrictions on access to counsel; and (5) lack of rehabilitative treatment, all in violation of their constitutional rights.

On March 10, 1981, plaintiffs moved for a preliminary injunction to halt the use of all metallic restraint devices and to prohibit the restraint practice known as “hogtying. “ Prior to a hearing on plaintiffs’ motion, the parties arrived at a tentative settlement and presented a Settlement Agreement to the Court for approval.

On February 26, 1982, the District Court (Judge Ralph G. Thompson) refused to approve the settlement. Judge Thompson noted that the Oklahoma House of Representatives opposed settlement, and as such, he did not expect that any of the terms could be successfully implemented. Terry D. v. Rader ,93 F.R.D. 576 (W.D.Ok. 1982)

Following the denial of approval of the settlement, on March 4, 1982, plaintiffs sought a TRO and preliminary injunction to prohibit the confinement of children in facilities where fire, health and safety violations were in existence. On August 16, 1982, plaintiffs filed a subsequent request for a TRO, seeking to enjoin the use of solitary confinement cells at several juvenile facilities and to prohibit the punitive imposition of solitary confinement in excess of three hours at all institutions. Prior to the hearing on those motions, the parties agreed to the entry of an interim order. On November 2, 1982, the District Court entered the agreed order which placed restrictions on the use of the solitary confinement and the use of mechanical restraints or shackles. The Order also required that Oklahoma juvenile institutions be in compliance with applicable state and federal regulations regarding fire, health and safety. The District Court also certified the case as a class action.

Settlement negotiations continued and the parties reached a settlement in the form of a Consent Decree. The Decree was presented to the District Court who approved and entered it on May 31, 1984. The case was administratively dismissed at that time.

No case activity is recorded from the entry of the Consent Decree in 1984 through 1996.

On April 5, 1996, the District Court (Judge Ralph G. Thompson) entered an order dismissing the case as to several of the defendants without prejudice subject to the terms and conditions of the order, reserving the right to plaintiff to bring an enforcement motion. The Court retained jurisdiction over the case to resolve claims for attorneys, fees and costs. Dismissals of other defendants followed over the next several years.

On January 20, 1998, the 20th monitoring was submitted to the Court. On January 26, 1998, Judge Thompson dismissed the remaining defendant agency, the Oklahoma. Dept. of Human Services.

The last PACER docket entry reflects that on February 16, 1999, the final monitoring report was submitted. We have no further information on this case.

Dan Dalton - 02/25/2007


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Issues and Causes of Action
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Issues
General
Access to lawyers or judicial system
Administrative segregation
Confinement/isolation
Fire safety
Rehabilitation
Restraints : physical
Totality of conditions
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Defendant(s) Boley State School for Boys Oklahoma Childrens' Center
Central Oklahoma Juvenile Treatment Center
Department of Institutions, Social and Rehabilitative Services
L.E. Rader Diagnostic & Evaluation Center
L.E. Rader Intensive Treatment Center
Taft Whitaker State Children's Home
Plaintiff Description All children who are now or may be in the future confined in one of the juvenile treatment centers of the State of Oklahoma.
Indexed Lawyer Organizations ACLU National (all projects)
ACLU National Prison Project
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 1984 - 1998
Case Closing Year 1998
Case Ongoing No
Docket(s)
78-0004 (W.D. Okla.) 02/16/1999
JI-OK-0001-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint for Declaratory and Injunctive Relief 01/04/1978
JI-OK-0001-0001 PDF | Detail
Stipulated Agreement 01/11/1982
JI-OK-0001-0002 PDF | Detail
Order 02/26/1982 (93 F.R.D. 576) (W.D. Okla.)
JI-OK-0001-0005 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Interim Order 11/02/1982 (W.D. Okla.)
JI-OK-0001-0003 PDF | Detail
Consent Decree 02/16/1999 (W.D. Okla.)
JI-OK-0001-0004 PDF | Detail
Judges Thompson, Ralph Gordon (W.D. Okla.)
JI-OK-0001-0003 | JI-OK-0001-0005 | JI-OK-0001-9000
Monitors/Masters None on record
Plaintiff's Lawyers Bronstein, Alvin J. (District of Columbia)
JI-OK-0001-0005
DeMuro, Paul (Ohio)
JI-OK-0001-9000
Dew, Barbara J. (Oklahoma)
JI-OK-0001-0003
Elliott, John T. (Oklahoma)
JI-OK-0001-0001
Foster, Stan L. (Oklahoma)
JI-OK-0001-0001
Howard, David C. (Missouri)
JI-OK-0001-0001 | JI-OK-0001-0005
Koren, Edward I. (District of Columbia)
JI-OK-0001-0005
Lambert, David L. (California)
JI-OK-0001-0005
Novick, Steven A. (Oklahoma)
JI-OK-0001-0001 | JI-OK-0001-0003 | JI-OK-0001-0005 | JI-OK-0001-9000
Swanger, Harry F. (Missouri)
JI-OK-0001-0001
Taylor, Gary A. (Oklahoma)
JI-OK-0001-9000
Weldon, Richard L. (Oklahoma)
JI-OK-0001-0001
Wright, Claudia T. (District of Columbia)
JI-OK-0001-0003
Defendant's Lawyers Brown, David A. (Oklahoma)
JI-OK-0001-9000
Brown, Dorothy (Oklahoma)
JI-OK-0001-9000
Burkett, William R. (Oklahoma)
JI-OK-0001-0003 | JI-OK-0001-0005
Cartwright, Jan Eric (Oklahoma)
JI-OK-0001-0005
Edmondson, Drew (Oklahoma)
JI-OK-0001-9000
Foley, John J. (Oklahoma)
JI-OK-0001-9000
Geitgey, Jonna S. (Oklahoma)
JI-OK-0001-9000
Hurst, Guy Lee (Oklahoma)
JI-OK-0001-9000
Johnson, J. Harry (Alabama)
JI-OK-0001-0003
Lackey, Ken (Oklahoma)
JI-OK-0001-9000
Lee, Mitchell (Oklahoma)
JI-OK-0001-0003 | JI-OK-0001-0005
Nance, Robert A. (Oklahoma)
JI-OK-0001-0005
Stipe, Gene (Oklahoma)
JI-OK-0001-0003 | JI-OK-0001-0005
Strealy, Joseph W. (Oklahoma)
JI-OK-0001-9000
Taylor, Floyd W. (Oklahoma)
JI-OK-0001-0005
Tucker, Thomas H. (Oklahoma)
JI-OK-0001-0003 | JI-OK-0001-0005
Waters, Charles Lee (Oklahoma)
JI-OK-0001-9000
Other Lawyers None on record

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