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Civil Rights Litigation Clearinghouse
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Case Name Many Horses v. Racicot PC-MT-0002
Docket / Court 93-37 ( D. Mont. )
State/Territory Montana
Case Type(s) Disability Rights-Pub. Accom.
Prison Conditions
Attorney Organization ACLU National (all projects)
ACLU National Prison Project
Case Summary
On April 21, 1993, a class of women prisoners incarcerated at the Women's Correctional Center ("WCC") in Warm Springs, Montana, filed a class action lawsuit in the United States District Court for the District of Montana against the Montana governor and Department of Corrections, under 42 U.S.C. & ... read more >
On April 21, 1993, a class of women prisoners incarcerated at the Women's Correctional Center ("WCC") in Warm Springs, Montana, filed a class action lawsuit in the United States District Court for the District of Montana against the Montana governor and Department of Corrections, under 42 U.S.C. § 1983, alleging violations of their First, Eighth and Fourteenth Amendment rights; the Rehabilitative Act of 1973; and the Americans with Disabilities Act of 1990. More particularly, the plaintiffs, who were represented by the ACLU National Prison Project as well as by private counsel, alleged unconstitutional conditions of confinement, deliberate indifference to medical and psychiatric needs, failure to accommodate for disabilities, denial of access to the courts, and invidious gender discrimination, and were seeking injunctive relief.

On December 16, 1994, after extensive pre-trial investigations, the U.S. District Court for the District of Montana (Magistrate Judge Robert M. Holter) filed an interim agreement reached by the parties, which required a suspension of all discovery in the case for a period of twelve months because the WCC was being moved from the Warm Springs location to Billings, Montana. The parties agreed that the move provided an opportunity to resolve the dispute and/or avoid unnecessary discovery due to the changed circumstances. Further, the defendants agreed in the interim agreement to remedy several of the complaints, including:

·        facilities that complied with fire and safety regulations

·        sanitary facilities

·        an adequate diet for the women

·        adequate medical and mental health care services

·        access to the courts

·        basic education/GED preparation

·        programs to assist the women with personal skills, parenting skills, emotional problems, and substance abuse, and related mental health counseling

·        compliance with the Americans with Disabilities Act by making programs and services accessible to the disabled

Megan Raynor - 03/22/2006


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Issues and Causes of Action
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Issues
Affected Gender
Female
Discrimination-basis
Disability (inc. reasonable accommodations)
Sex discrimination
General
Access to lawyers or judicial system
Law library access
Medical/Mental Health
Medical care, general
Mental health care, general
Type of Facility
Government-run
Causes of Action Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
42 U.S.C. § 1983
Defendant(s) Montana Department of Corrections
Plaintiff Description women prisoners incarcerated at the Women's Correctional Center ("WCC") in Warm Springs, Montana
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 Private Settlement Agreement
Voluntary Dismissal
Order Duration 1994 - n/a
Case Closing Year n/a
Case Ongoing Unknown
Additional Resources
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Case Studies Civil Rights Injunctions Over Time: A Case Study of Jail and Prison Court Orders
N.Y.U. Law Review
By: Margo Schlanger (Washington University)
Citation: 81 N.Y.U. L. Rev. 550 (2006)
[ Detail ] [ PDF ] [ External Link ]

  Judicial Policy Making and the Modern State: How the Courts Reformed America's Prisons
By: Malcolm M. Feeley & Edward Rubin (UC Berkeley Boalt Hall School of Law & Vanderbilt School of Law Faculty)
Citation: (1998)
[ Detail ]

Docket(s)
93-37 (D. Mont.) 09/19/1997
PC-MT-0002-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 04/21/1993
PC-MT-0002-0001 PDF | Detail
Stipulation to Suspend Pretrial Scheduling Order 11/22/1994
PC-MT-0002-0002 PDF | Detail
Order 12/16/1994 (D. Mont.)
PC-MT-0002-0003 PDF | Detail
Stipulation and Order for Dismissal with Prejudice 09/11/1997 (D. Mont.)
PC-MT-0002-0004 PDF | Detail
Judges Hatfield, Paul Gerhart (D. Mont.)
PC-MT-0002-9000
Holter, Robert M. (D. Mont.) [Magistrate]
PC-MT-0002-0002 | PC-MT-0002-0003 | PC-MT-0002-0004
Monitors/Masters None on record
Plaintiff's Lawyers Adams, Stuart H. Jr. (District of Columbia)
PC-MT-0002-0002
Alexander, Elizabeth R. (District of Columbia)
PC-MT-0002-0004
Freeman, Alexa P. (District of Columbia)
PC-MT-0002-0001 | PC-MT-0002-9000
Gray, Kyle A. (Montana)
PC-MT-0002-0001 | PC-MT-0002-0002 | PC-MT-0002-9000
Lopez, Mark J. (District of Columbia)
PC-MT-0002-9000
Rifkin, Marjorie Lynn (District of Columbia)
PC-MT-0002-0002
Strong, Penelope S. (Montana)
PC-MT-0002-0001 | PC-MT-0002-0002 | PC-MT-0002-9000
Defendant's Lawyers Gianoulias, Bill (Montana)
PC-MT-0002-0002
Keller, P. Keith (Montana)
PC-MT-0002-0002 | PC-MT-0002-0004 | PC-MT-0002-9000
Kradolfer, Kimberly A. (Montana)
PC-MT-0002-9000
Lenmark, Jacqueline T. (Montana)
PC-MT-0002-0002
Ohler, David L. (Montana)
PC-MT-0002-0002 | PC-MT-0002-0004 | PC-MT-0002-9000
Other Lawyers None on record

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