University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Day v. Benedetti JI-OR-0002
Docket / Court 81-627-L ( D. Or. )
State/Territory Oregon
Case Type(s) Juvenile Institution
Case Summary
On April 21, 1981, a juvenile confined in the Josephine County Jail filed a class action lawsuit under 42 U.S.C. § 1983 against Josephine County in the Circuit Court of the State of Oregon for the County of Josephine. The plaintiff and his guardian ad litem, represented by the Juvenile Rights ... read more >
On April 21, 1981, a juvenile confined in the Josephine County Jail filed a class action lawsuit under 42 U.S.C. § 1983 against Josephine County in the Circuit Court of the State of Oregon for the County of Josephine. The plaintiff and his guardian ad litem, represented by the Juvenile Rights Project of Oregon Legal Services, asked the court for declaratory and injunctive relief for himself and the class as well as monetary relief for himself, alleging that the defendants' practice of confining juveniles in the Josephine County Jail without separating them from the sight and sound of adult inmates violated juveniles' rights under state law and the 8th Amendment.

The Court (Judge Richard L. Barron) approved a consent decree on June 11, 1982. In the consent decree Josephine County agreed (a) to comply with Oregon State Law requiring juveniles to be separated from the sight and sound of detained adults and to refrain from housing juveniles in the Josephine County Jail without first making modifications to the facility to enable juveniles to be effectively separated, excepting juveniles held on adult charges, (b) to allow plaintiff's counsel, guardian ad litem, or a mutually acceptable representative to enter and inspect the Jail to monitor compliance, (c) to provide notice to plaintiff's counsel in the event of any modifications to the Jail affecting juveniles or of the improper placement of juveniles with adults, excepting emergencies where notice would be impossible, and (d) to report to plaintiff's counsel the number and location of juveniles detained. In addition, both plaintiff and defendant waived any rights to an award of attorneys' fees and costs, and the named plaintiff received a payment of $7,000 on his claim for monetary relief.

We have only the consent decree and therefore do not have any further information on this case.

Kristen Sagar - 11/19/2007


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Issues and Causes of Action
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Issues
General
Classification / placement
Youth / Adult separation
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Defendant(s) Josephine County Jail
Plaintiff Description juveniles confined in the Josephine County Jail
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Damages
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 1982 - n/a
Case Closing Year 1982
Case Ongoing No
Docket(s)
No docket sheet currently in the collection
General Documents
Consent Judgment 06/11/1982
JI-OR-0002-0001 PDF | Detail
Judges Barron, Richard L. (State Trial Court)
JI-OR-0002-0001
Monitors/Masters None on record
Plaintiff's Lawyers Baily, Alan (Oregon)
JI-OR-0002-0001
Gross, Jeanne (Oregon)
JI-OR-0002-0001
McFarlane, Julie A. (Oregon)
JI-OR-0002-0001
Nightingale, Margaret J. (Oregon)
JI-OR-0002-0001
Defendant's Lawyers Murray, Donald E. (Oregon)
JI-OR-0002-0001
Schultz, Duane William (Oregon)
JI-OR-0002-0001
Other Lawyers None on record

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