Case: U.S. v. Montana

6:94-cv-00090 | U.S. District Court for the District of Montana

Filed Date: Dec. 1, 1994

Closed Date: 2002

Clearinghouse coding complete

Case Summary

In November of 1993, the United States government initiated an investigation of the Montana State Prison ("MSP") pursuant to the Civil Rights of Institutionalized Persons Act ("CRIPA"), 42 U.S.C. § 1997. The government recommended that reform be made in the areas of medical, dental, and psychiatric care, particularly with respect to medication practices, infection monitoring, management and staffing. In addition, the investigation revealed that inmates were inadequately protected against fire…

In November of 1993, the United States government initiated an investigation of the Montana State Prison ("MSP") pursuant to the Civil Rights of Institutionalized Persons Act ("CRIPA"), 42 U.S.C. § 1997. The government recommended that reform be made in the areas of medical, dental, and psychiatric care, particularly with respect to medication practices, infection monitoring, management and staffing. In addition, the investigation revealed that inmates were inadequately protected against fire hazards, they were being misclassified with respect to housing, there were bunking issues, substandard food preparation, and finally that the MSP failed to comply with the requirements of the Americans with Disabilities Act, 42 U.S.C. § 1201. Numerous other problems were revealed. Subsequent to the government's notice to defendants, the government filed its complaint in the United States District Court for the District of Montana on December 1, 1994. In its complaint the government alleged that the defendants, the governor of Montana and other Department of Corrections officials, failed to provide a reasonably safe environment and adequate inmate protection from harm, in addition to allegations of failure of adequate medical, dental, and mental health care.

Accordingly, in September of 1996, the parties filed a stipulated agreement for the purposes of resolving the medical, dental, and psychiatric issues. Defendants agreed to implement reform provisions with the understanding that noncompliance could result in a reopening of the claims for litigation. In 1997, the parties entered into a second stipulated agreement with respect to the issues of inmate protection, fire safety, overflow issues, and other issues alleged in the complaint. The case was placed on the inactive docket by Judge Charles C. Lovell following the agreement but procedural activity continued until June of 2002.

No further information is available.

Summary Authors

Rebecca Bloch (4/19/2006)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/21379891/parties/united-states-v-mt-st/


Judge(s)

Lovell, Charles C. (Montana)

Attorney for Plaintiff
Attorney for Defendant

Gallinger, Lorraine I. (Montana)

Keller, P. Keith (Montana)

Kradolfer, Kimberly A. (Montana)

Expert/Monitor/Master/Other

Maddox, William G. (District of Columbia)

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Documents in the Clearinghouse

Document

6:94-cv-00090

Docket (PACER)

June 18, 2002

June 18, 2002

Docket

6:94-cv-00090

Findings Letter re: CRIPA Investigation of the Montana State Prison, Deer Lodge, Montana

Nov. 23, 1993

Nov. 23, 1993

Findings Letter/Report
1

6:94-cv-00090

Complaint

Dec. 1, 1994

Dec. 1, 1994

Complaint
177

6:94-cv-00090

Joint Motion

Sept. 12, 1996

Sept. 12, 1996

Pleading / Motion / Brief
175

6:94-cv-00090

Order

Sept. 17, 1996

Sept. 17, 1996

Order/Opinion

6:94-cv-00090

Stipulated Agreement

Jan. 27, 1997

Jan. 27, 1997

Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/21379891/united-states-v-mt-st/

Last updated Jan. 28, 2024, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT - Original (Summons(es) issued) (DMZ) (Entered: 12/06/1994)

Dec. 1, 1994

Dec. 1, 1994

Clearinghouse
2

RETURN OF SERVICE EXECUTED upon defendant MT ST, defendant Marc Racicot, defendant MT ST Dept Corr, defendant Rick Day, defendant Mike Mahoney, defendant Admin, Dept on 12/7/94 (DMZ) (Entered: 12/19/1994)

Dec. 12, 1994

Dec. 12, 1994

PACER
3

ANSWER by defendant MT ST, defendant Marc Racicot, defendant MT ST Dept Corr, defendant Rick Day, defendant Mike Mahoney, defendant Admin, Dept to [1-1] (DMZ) (Entered: 12/30/1994)

Dec. 22, 1994

Dec. 22, 1994

PACER
4

ORDER by Judge Charles C. Lovell ; PPTC set for 10:00 2/9/95, Hlna - cnsl for parties to file PPT stmt by 1/25/95, to include brief factual outline of case & address issues set forth in Local Rules, cnsl to file prediscovery disclosure stmt by 2/1/95, failure to comply will result in imposition of sanctions (cc: Keller, Matteucci, Ohler, Payne, Weinstein, CCL, TC, Tina, USM, AUSA-Hlna) (DMZ) (Entered: 12/30/1994)

Dec. 29, 1994

Dec. 29, 1994

PACER
5

AMENDED ANSWER [3-1] by defendant MT ST, defendant Marc Racicot, defendant MT ST Dept Corr, defendant Rick Day, defendant Mike Mahoney, defendant Admin, Dept (DMZ) (Entered: 01/13/1995)

Jan. 6, 1995

Jan. 6, 1995

PACER

LODGED, OBJECTIONS TO MAG PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND RECOMMENDED ORDER (in excess of 20 pgs) (BAF)

Jan. 12, 1995

Jan. 12, 1995

PACER
6

PRELIMINARY PRETRIAL STATEMENT of facts by defendant (DMZ) (Entered: 01/26/1995)

Jan. 25, 1995

Jan. 25, 1995

PACER
7

PREDISCOVERY DISCLOSURE STATEMENT of facts by defendant (DMZ) (Entered: 01/26/1995)

Jan. 25, 1995

Jan. 25, 1995

PACER
8

PRELIMINARY PRETRIAL STATEMENT of facts by plaintiff (DMZ) (Entered: 01/26/1995)

Jan. 25, 1995

Jan. 25, 1995

PACER
9

PREDISCOVERY DISCLOSURE STATEMENT of facts by plaintiff USA (DMZ) (Entered: 02/06/1995)

Feb. 2, 1995

Feb. 2, 1995

PACER
10

MINUTES: for preliminary pretrial conference before Judge Charles C. Lovell; C/R: Tina Brilz. Sherry Matteucci, Timothy R. Payne, Laurie Weinstein & Scott Wurster pr for Plf. Keith Keller, Dave Ohler, Bill Gianoulias pr for Dft. Crt asks re settlmt discussns. Ms. Matteucci says not fruitful and asks for expedited trial. Dft Keller asks for further discov. Plf argues agnst further discov. Much discussion had by both sides re protective custody issue and whether there is need for immediate action on this. Plf feels there may be the need for this and motn for prelim inj may be filed. Discussn had re if protective custody issue is severed, when cnsl could be ready for trial. Plf ready now, dft asks 6 mos. Options for dealing with this and the related case are discussed. Crt suggests a 30-day period for preliminary discovery by dft. on the issues only of jurisdiction and affirmative defenses. This to close on 3/10/95. Motns re dft dfns on 3/11/95. Then govt motn to strike affirm dfns and dft motn for S.J. Dft to have 10 days to respond & 5 days for govt rply brf. All discov to be complete by 7/3/95. Motn ddline 7/17/95; status rpt to crt 5/8/95; atty conf to be held wk of 10/16/95. FPTO to be lodged 10/30/95. Sttlmt date is 10/23/95. Trial could be either 12/4/95 or 1/8/96, depending on length of trial. Cnsl agree 1/8 trial date is better. Since discov closure is 7/3/95 and trial not til 1/8, approx 6 mos goes by and govt asks for supplement discovery on some issues closer to trial date. Dft agrees but wants cutoff date of perhaps October. Crt asks cnsl to file briefs re expert witns and perhaps refining dates if they might agree on dates. Govt asks that general discov not begin til motns are decided on jurisdictional issue - say 30 days. Crt says dates will be adjusted and will issue an order. Adj. (BAF) (Entered: 02/09/1995)

Feb. 9, 1995

Feb. 9, 1995

PACER
11

STENO NOTES of proceedings before Judge Charles C. Lovell ( Court Reporter: Tina Brilz) Hearing date: 2/9/95 status report minutes [10-2] PRELIMINARY PRETRIAL CONF. (BAF) (Entered: 02/09/1995)

Feb. 9, 1995

Feb. 9, 1995

PACER
12

ORDER by Judge Charles C. Lovell, Cnsl shall adhere to following sched: first wave of discovery limited to subjects of crt's jurisdiction and Dfts' affirmative defenses, which shal be concluded by 3/10/95. No other disc in other subject matter areas shall be had without crt's permission until crt rules on mots. Gov't shall file its mot to strike affirmative defenses with brief on or before 3/17/95, dfts shall have 10 days to file ans brf, pltf reply w/in 5 days. Dfts shall file their mot for summary judgment as to crt's jurisdiction with opening brf on or before 3/17/95. Brfg shall follow Rule 220-1. Parties shall comly with requirements for summary judgment brfg imposed by Rule 220-4. After these preliminary mot have been ruled upon, a second wave of unlimited disc may commence unless precluded by crt's order. If prior to opining of unlimited disc, a party has a particular need for disc relating to request for preliminary injunction, that party shall apply to crt for leave to proceed with necessary disc. ; Parties shall jointly submit a proposed order setting ached for disclosure of exparts and exchange rpts on or before 2/24/95 ; All discovery shall be completed by 7/3/95. All mots shall be filed on or before 7/17/95. Brfg shall be accordance with Rule 220.1. All ans to written disc shall be made by 7/3/95. cnsl for each party shall file written status rpt on or before 5/8/95. Cnsl for pltf shall convene atttys' conf during wk of 10/16/95 for purpose of completing final Pretrial Order. Final Pretrial Order shall be lodged on or bef 10/30/95. Settlement Date is 10/23/95. Final Pretrial Conf shall be held on 11/30/95 at 1:30 pm at Helena. Trial brf be submitted by 11/16/95. Non-Jury trial set for 9:30 1/8/96 at Helena as case No. 1. Trial setting is subject to court's criminal calendar, which must be set in accordance with Speedy Trial Act. Cont of any deadline does not automatically extend any unspecified deadlines. cc: CCL, Clk, USM, Crt Rpr, Payne, Keller (GAR) (Entered: 02/13/1995)

Feb. 10, 1995

Feb. 10, 1995

PACER
13

ORDER by Judge Charles C. Lovell - 1st wave of disc limited to subjects of crt's juris & defts' affirmative defenses to be concluded by 3/10/95, no other disc in other subject matter areas w/out crt's permission, until the crt rules on the mtns discussed in next 2 paras: govt to file mtn to strike affirmative defenses, tog w/brief by 3/17/95, defts to file mtn for sj by 3/17/95 - then 2nd wave of disc may commence - cnsl for each party to file status rpt by 6/15/95, all disc completed by 8/15/95, all ans to written disc by 8/15/95, pltf expert witness list by 8/15/95, all mtns except mtns in limine by 9/1/95, deft to disclose expert witness list by 9/15/95, cnsl for pltf to convene atty conf during week of 10/30/95 ; pretrial order ddl set for 11/10/95, sett date is 11/6/95, parties to complete all suppl expert tours and disc by 11/27/95, FPTC set for 11/30/95, 1:30 pm, each party to submit trial brief by 11/17/95, exhibits no later than 11/17/95, mtns in limine w/opening brief to be filed by 12/8/95, set for trial w/out jury for 1/8/96, 9:30 am (cc: all counsel) (DMZ) (Entered: 02/15/1995)

Feb. 14, 1995

Feb. 14, 1995

PACER
14

PROOF/NOTICE OF SERVICE by defendant of 1st requests for admissions & interrogs (DMZ) (Entered: 02/27/1995)

Feb. 17, 1995

Feb. 17, 1995

PACER
15

MOTION by plaintiff USA for preliminary injunction, and for permanent injunction w/c/s (GAR) (Entered: 03/06/1995)

March 2, 1995

March 2, 1995

PACER

REMARK Bound exhibits to Motion #15 in expand. folder with exhibit "F" sealed purs to to Crt Order also in folder. (GAR)

March 2, 1995

March 2, 1995

PACER
16

MEMORANDUM/BRIEF by plaintiff USA in support of motion for preliminary injunction [15-1], of motion for permanent injunction [15-2] w/c/s (GAR) (Entered: 03/06/1995)

March 2, 1995

March 2, 1995

PACER
17

MOTION by plaintiff USA to Hold Exhibit "F" of Motion for Prel & Perm Inj Under Seal w/c/s (GAR) (Entered: 03/06/1995)

March 2, 1995

March 2, 1995

PACER
18

ORDER by Judge Charles C. Lovell granting motion to Hold Exhibit "F" of Motion for Prel & Perm Inj Under Seal [17-1] Exhibit F accompanying US Mot for Prel and Perm Inj and which indentifies spacific inmates who may be at risk of harm from other inmattes, shall remain under seal. cc: Payne, Keller, Ohler, Matteucci (GAR) (Entered: 03/06/1995)

March 3, 1995

March 3, 1995

PACER
19

PROOF/NOTICE OF SERVICE by defendant of resp to 1st req for admissions (DMZ) (Entered: 03/09/1995)

March 7, 1995

March 7, 1995

PACER
20

ORDER by Judge Charles C. Lovell - Plff's request for lv to conduct lmtd discovery to suppt Plf's motn for prelim inj. is GRANTED. Further Ord such discov to be limited to 1) upon rsnbl notc to dfts, a 2-3 day on-site tour of MT State Prison during the wk of 3/13/95, utilizing an expert in corrections and including access to MSP facilities and grounds, relevant MSP documts including inmate records, and interviews of MSP officials and staff; 2) private inmate interviews of MSP inmates by Plf's attys and/or expert; and 3) submission of interrogatories and requests for admissions to Dfts on matters related to issue of protective custody. cc: called and cpy to Payne, Weinstein, Reynolds, CCL; faxed cpy to Payne (BAF) (Entered: 03/09/1995)

March 7, 1995

March 7, 1995

PACER
21

MOTION by plaintiff USA to strike Affirmative Defenses, and for partial summary judgment w/c/s (GAR) (Entered: 03/23/1995)

March 17, 1995

March 17, 1995

PACER
22

MEMORANDUM/BRIEF by plaintiff in support of motion to strike Affirmative Defenses [21-1], of motion for partial summary judgment [21-2] w/c/s (GAR) (Entered: 03/23/1995)

March 17, 1995

March 17, 1995

PACER

PROPOSED order submitted by plaintiff USA, re Mot to Strike and for Partial Sum Jdgmt (GAR)

March 17, 1995

March 17, 1995

PACER
26

MOTION by defendants for leave to file documents w/c/s (GAR) (Entered: 03/23/1995)

March 17, 1995

March 17, 1995

PACER
24

RESPONSE by defendants to motion for preliminary injunction [15-1], to motion for permanent injunction [15-2] (KJH) (Entered: 04/10/1995)

March 17, 1995

March 17, 1995

PACER
23

MOTION by defendant for summary judgment w/c/s (GAR) (Entered: 03/23/1995)

March 20, 1995

March 20, 1995

PACER
25

STATEMENT of uncontroverted facts by defendants w/c/s (GAR) (Entered: 03/23/1995)

March 20, 1995

March 20, 1995

PACER
27

ORDER by Judge Charles C. Lovell referring to Mag Judge Leif B. Erickson the motion for preliminary injunction [15-1], and the motion for permanent injunction [15-2] Case referred to Mag Leif B. Erickson for proposed findings and recs for disp of motions . cc: CCL, LBE, Ohler, Keller, Payne (GAR) (Entered: 03/23/1995)

March 22, 1995

March 22, 1995

PACER

FILE DELIVERED to Clerk, Missoula for Judge Erickson (GAR)

March 23, 1995

March 23, 1995

PACER
28

RESPONSE by defendants to motion to strike Affirmative Defenses [21-1], to motion for partial summary judgment [21-2] (KJH) (Entered: 03/31/1995)

March 27, 1995

March 27, 1995

PACER
29

REPLY by plaintiff USA to response to motion for preliminary injunction [15-1] file delivered to: LBE (KJH) (Entered: 04/10/1995)

March 31, 1995

March 31, 1995

PACER
30

ORDER by Judge Charles C. Lovell granting motion for leave to file documents [26-1] (cc: all counsel) (KJH) (Entered: 04/13/1995)

April 7, 1995

April 7, 1995

PACER
31

REPLY by defendant MT ST, defendant Marc Racicot, defendant MT ST Dept Corr, defendant Rick Day, defendant Mike Mahoney, defendant Admin, Dept to response to motion for summary judgment [23-1] (KJH) (Entered: 04/14/1995)

April 11, 1995

April 11, 1995

PACER
32

ORDER by Judge Charles C. Lovell referring to Mag Judge Leif B. Erickson the motion for summary judgment [23-1], motion to strike Affirmative Defenses [21-1], motion for partial summary judgment [21-2] for prop F&R (cc: Keller, Ohler, Weinstein, Payne) (DMZ) (Entered: 04/27/1995)

April 26, 1995

April 26, 1995

PACER
33

ORDER by Mag Judge Leif B. Erickson setting hearing on motion for summary judgment [23-1] 9:30 5/23/95 setting hearing on motion response [24-1] 9:30 5/24/95 in Missoula. (cc: all counsel) (BAW) (Entered: 05/01/1995)

May 1, 1995

May 1, 1995

PACER
34

MOTION by defendant MT ST, defendant Marc Racicot, defendant MT ST Dept Corr, defendant Rick Day, defendant Mike Mahoney, defendant Admin, Dept to continue portion of hearing set for 5/24/95 (BAW) (Entered: 05/05/1995)

May 4, 1995

May 4, 1995

PACER

PROPOSED order modifying hearing sched. submitted by defendant MT ST, defendant Marc Racicot, defendant MT ST Dept Corr, defendant Rick Day, defendant Mike Mahoney, defendant Admin, Dept (BAW)

May 5, 1995

May 5, 1995

PACER

REMARK-Copy of motion and order delivered to LBE. (BAW)

May 5, 1995

May 5, 1995

PACER
36

RESPONSE by plaintiff USA to Defendants' Motion to Continue Portion of Hearing (KJH) (Entered: 05/11/1995)

May 9, 1995

May 9, 1995

PACER
35

ORDER by Mag Judge Leif B. Erickson granting motion to continue portion of hearing set for 5/24/95 [34-1] ; in-court hearing set for 9:30 5/24/95 in Missoula to be continued until 6/8/95 at the conclusion of the proceedings. (cc: all counsel) (BAW) Modified on 05/15/1995 (Entered: 05/10/1995)

May 10, 1995

May 10, 1995

PACER

FILE DELIVERED to Law Clerk for LBE for motions (BAW)

May 10, 1995

May 10, 1995

PACER
37

REPLY by defendant MT ST, defendant Marc Racicot, defendant MT ST Dept Corr, defendant Rick Day, defendant Mike Mahoney, defendant Admin, Dept to response to motion to continue portion of hearing; file delivered to: LBE/Law Clerk (BAW) (Entered: 05/11/1995)

May 10, 1995

May 10, 1995

PACER
38

FINDINGS AND RECOMMENDATION by Mag Judge Leif B. Erickson concerning motion for summary judgment [23-1], motion to strike Affirmative Defenses [21-1], motion for partial summary judgment [21-2] - regarding standing & validity of A.G.'s statutory certification only. Objections to F/R due date: May 26, 1995. (cc: all counsel) (MGS) (Entered: 05/12/1995)

May 11, 1995

May 11, 1995

PACER
39

MOTION by plaintiff USA to renew March 7, 1995 Discovery Order (MGS) (Entered: 05/15/1995)

May 15, 1995

May 15, 1995

PACER
40

ORDER by Mag Judge Leif B. Erickson granting motion to renew March 7, 1995 Discovery Order [39-1] until onset of the hrg 5/24/95; that USA permitted to conduct further discovery in prep for 5/24/95 proceedings, consistent w/order of 3/7/95. (cc: all counsel - cpy FAX'd to atty Payne) (MGS) (Entered: 05/15/1995)

May 15, 1995

May 15, 1995

PACER
41

MOTION/petition by plaintiff USA for writ of habeas corpus ad testificandum to USM & MSP to produce certain named inmates for hearing 5/24/95. (MGS) (Entered: 05/15/1995)

May 15, 1995

May 15, 1995

PACER
42

ORDER by Mag Judge Leif B. Erickson granting motion for writ of habeas corpus ad testificandum [41-1], and setting May 24, l995 hearing for 9:00 a.m. @ Powell County Courthouse in Deer Lodge, MT. (cc: all counsel, Clk-Powell Cty, USM, RPR) (MGS) (Entered: 05/15/1995)

May 15, 1995

May 15, 1995

PACER

WRIT of habeas corpus ad testificandum issued to USM & Warden Mike Mahoney to produce inmates William Arnot, William Bigby, Fred Blake, Kelly Davey, Jerry Gillum, Keith Krause, Reno McLaughlin, Glen Nelson, Tim Owens, Vance Pope, James Staedt & Floyd Wing, Jr. at hrg in Deer Lodge May 24, l995 @ 9:00 a.m. Orig w/3 cpys & cert+3 cpys of Order snt to USM, Bllgs w/Form USM-285 for svc. (MGS)

May 15, 1995

May 15, 1995

PACER
43

MOTION by defendant MT ST, defendant Marc Racicot, defendant MT ST Dept Corr, defendant Rick Day, defendant Mike Mahoney, defendant Admin, Dept to change place of hearing, and to deny petition for writ of habeas corpus testificadum (BAW) (Entered: 05/19/1995)

May 16, 1995

May 16, 1995

PACER
44

RESPONSE by plaintiff USA to motion to change place of hearing [43-1], to motion to deny petition for writ of habeas corpus testificadum [43-2] (BAW) (Entered: 05/19/1995)

May 17, 1995

May 17, 1995

PACER

BLUE FILES DELIVERED to LBE for motion for SJ/mo to strike for Tuesday's hearing. (BAW)

May 19, 1995

May 19, 1995

PACER
45

ORDER by Mag Judge Leif B. Erickson granting motion to change place of hearing [43-1], denying motion to deny petition for writ of habeas corpus testificadum [43-2] (cc: all counsel) (KJH) (Entered: 05/22/1995)

May 22, 1995

May 22, 1995

PACER
46

PETITION FOR WRIT OF HABEAS CORPUS ad testificandum (KJH) (Entered: 05/23/1995)

May 22, 1995

May 22, 1995

PACER
47

STATEMENT OF GENUINE ISSUES by plaintiff USA in response to [21-2] (KJH) (Entered: 05/23/1995)

May 22, 1995

May 22, 1995

PACER

SUBPOENA issued at request of plaintiff, as to Kenneth Kirby. Original handed to atty for pltf for svc, by clerk, Butte (KJH)

May 22, 1995

May 22, 1995

PACER

PROPOSED Order for Writ of HC submitted by plaintiff USA (KJH)

May 23, 1995

May 23, 1995

PACER
48

RETURN OF SERVICE (USM 285) of Writs of HC ad testificandum issued 5/15/95 (KJH) (Entered: 05/23/1995)

May 23, 1995

May 23, 1995

PACER
49

ORDER by Mag Judge Leif B. Erickson granting habeas corpus petition [46-1] (cc: all counsel) (KJH) (Entered: 05/23/1995)

May 23, 1995

May 23, 1995

PACER

Issued WRIT of Habeas Corpus ad testificandum for Joseph Snider, William Henderson, Patrick Gibson and Charles Gravely. Copy handed to pltf cnsl and FAX'd to USMS, Blgs w/USM 285. Original writ w/3 copies, 1 cert & 3 copies of Order and USM 285 mailed to USMS, Blgs. (KJH)

May 23, 1995

May 23, 1995

PACER
50

MINUTES before Mag Judge Leif B. Erickson : Attys Timothy Payne and Laurie Weinstein present for plaintiff and David Ohler and P. Keith Keller present for defendants. Atty Payne raises issue re hearing on Motion for Preliminary and Permanent Injunction set for 5/24/95 regarding testimony of protective custody inmates and moves that the hearing be closed to the media, that the transcript be sealed, and that the correctional officers present in court be ordered not to discuss testimiony given by the inmates. Atty Keller does not oppose closing hearing to media and sealing transcript, but feels that correctional officers should be allowed by relate testimony to prison authorities . Crt considers said motions to be motions in limine and grants same, closing the hearing to the media, sealing the transcript, and prohibiting correctional officers from discussing testimony of inmates. Counsel may relate said testimony to prison authorities if necessary; Argument heard on defendants' motion for summary judgment [23-1] and plaintiff's motion to strike [21-1] and for partial summary judgment [21-2] and the motions were taken under advisement. C/R: Julie Lake (KJH) (Entered: 05/23/1995)

May 23, 1995

May 23, 1995

PACER
51

MINUTES: Evidentiary hearing on plaintiff's Motion for Preliminary and Permanent Injunction began 5/24/95 at Powell County Courthouse, before Mag Judge Leif B. Erickson, Cnsl Timothy Payne, Christopher Cheng and Laurie Weinstein present for plaintiff and cnsl David Ohler and P. Keith Kelle, and Bureau Warden Michael Mahoney present for defendants. Govt oral motion for admission of atty Cheng PHV, granted. Govt motion to exclude witnesses and public from courtroom granted, and govt motion that transcript of this proceeding be filed under seal and that inmate witnesses be identified in transcript by numbers rathern than by name granted. E. Eugene Miller s/e for govt. Gove exhibit 1 adm w/o objections and exhibits 2 and 3 refused. Dft mtn/strike portion of testimony of Mr. Miller denied. Exhibits 4-6 adm w/o obj. Inmates No.1, 2 and 3 s/e for govt. Exhibits 7 thru 14 adm w/o obj. Govt mtn that court order that inmate No. 3 continue to be held in protective custody pending resolution of this matter and not be transferred to low side denied. Govt mtn that said witness be allowed access to phone contact with US Atty office granted. Further hearing continued to 5/25/95 at 12:00 noon, Powell County Courthouse. C/R: Greg Frank (KJH) (Entered: 06/08/1995)

May 24, 1995

May 24, 1995

PACER
52

MINUTES: Evidentiary Hearing on plaintiff's Motion for Preliminary and Permanent Injunction continued, before Mag Judge Leif B. Erickson, cnsl Payne, Cheng and Weinstein present for plaintiff and cnsl Ohler and Keller and Bureau Warden Michael Mahoney present for defendant. Prior to continuation of testimony, crt expressed concern regarding possible pattern of conduct by prison officials which may have intimidating affect on inmates, i.e., transportation officer allegedly dropping penknife on floor during preparation for transport to court on 5/24, and inmate witness being informed prior to coming to court of his being reclassified from protective custody to the low side. Atty Keller advises that he personally investigated these matters and informs the court that the article dropped by the transportation officer was fingernail clippers rather than a penknife and that the inmate reclassification issue was routine 30 day reclassification evaluation. Prison officials agree to leave said inmate in protective custody at least until the next 30 day evaluation. Govt oral motion for time to prepare and file supplemental documents regarding SJ mtns argued on 5/23 opposed. Crt orders written motion and brf be filed and matter will be dealt with when briefing is completed. Proposed Protective Order presented regarding restrictions on use of transcript and dissemination of information about inmate witnesses and content of testimony, etc. discussed. Atty Keller to redraft. Inmate witnesses No. 4 thru 10 s/e for govt. Exhibits 15 & 18 adm over obj and 16 and 17 adm w/o obj. Further Hearing continued to 5/26/95 at 9:30 a.m., Powell County Courthouse. C/R: Greg Frank (KJH) (Entered: 06/08/1995)

May 25, 1995

May 25, 1995

PACER
53

MINUTES: before Mag Judge Leif B. Erickson. Evidentiary Hearing on plaintiff's Motion for Preliminary and Permanent Injunction continued, cnsl Payne, Cheng, and Weinstein present for plaintiff and cnsl Ohler and Keller and Bureau Warden Mike Mahoney present for defendant. Atty Payne requesta that govt be provided with list of cases in which State's expert has testified in last 4 yrs, list of publications authored by said expert and list of docs reviewed and persons interviewed in preparing his rpt and the dates expert toured the prison. Atty Keller advises state can provide list of cases, publications and dates of tour and will attempt to supply list of documents reviewed and persons interviewed. Govt exhibits 19-1 thru 19-3 adm over obj; 19-4 thru 19-6 and 20 thru 22 and 23-1 thru 23-5 adm w/o obj; exhibit 24 reserved; Govt rests. Michael J. Micu, Kenneth Neubauer, Walter Cuchine, Leslie Lyle Frank, Jr. and Michael Mahoney s/e for dft. Further hearing continued to 6/8/95 @ 9:00 a.m., Missoula. C/R: Tammy Stuckey (KJH) (Entered: 06/13/1995)

May 26, 1995

May 26, 1995

PACER
54

PROTECTIVE ORDER by Mag Judge Leif B. Erickson: that court proceedings of 5/24,25 and 26 be closed to public and media; that transcripts of said hearing be sealed and available only to counsel for the parties, the parties, their managers and experts, and that the transcripts not contain the names of inmate witnesses, only a number corresponding to a number assigned to that witness reflecting his order of appearance; and that all MSP officers present at proceedings are enjoined from discussing the appearance of inmate witnesses and the content and nature of their testimony with anyone. (cc: all counsel) (KJH) (Entered: 06/13/1995)

May 26, 1995

May 26, 1995

PACER
55

OBJECTIONS by defendant MT ST, defendant Marc Racicot, defendant MT ST Dept Corr, defendant Rick Day, defendant Mike Mahoney, defendant Admin, Dept to [38-1] (KJH) (Entered: 06/13/1995)

May 26, 1995

May 26, 1995

PACER
56

RETURN OF SERVICE by plaintiff USA of Writ of Habeas Corpus issued 5/23/95 (KJH) (Entered: 06/13/1995)

June 1, 1995

June 1, 1995

PACER
57

MOTION by plaintiff USA to limit testimony of dfts' expert (KJH) Modified on 06/15/1995 (Entered: 06/14/1995)

June 7, 1995

June 7, 1995

PACER
58

MEMORANDUM/BRIEF by plaintiff USA in support of motion to limit testimony of dfts' expert [57-1] (KJH) (Entered: 06/14/1995)

June 7, 1995

June 7, 1995

PACER

PROPOSED Order granting Motion to Limit Testimony of dfts' expert, submitted by plaintiff USA (KJH)

June 7, 1995

June 7, 1995

PACER
59

MINUTES: Hearing on pltf's Motion for Preliminary and Permanent Injunction continued, before Mag Judge Leif B. Erickson; cnsl Tim Payne present for pltf and David Ohler and Keith Keller present for dfts. Bureau Warden Mike Mahoney also present. Pltf's motion to limit testimony of dfts' expert argued and denied [57-1]. Gary W. DeLand s/e for dft and dft rests. Cnsl to submit proposed findings of fact and conclusions of law by 6/22/95. Matter will then be deemed submitted. C/R: Daina Hodges Hodges (KJH) (Entered: 06/14/1995)

June 8, 1995

June 8, 1995

PACER

FILE DELIVERED to Helena from Missoula at request of MB (KJH)

June 14, 1995

June 14, 1995

PACER
60

STATUS REPORT by defendant - no probs in discovery process & no sett negs to date (DMZ) (Entered: 06/15/1995)

June 15, 1995

June 15, 1995

PACER
61

STATUS REPORT by plaintiff - the only disc prob involves defts' potential obj based on privacy rights or other bases to the US access to inmate & personnel records, presently US believes this may be resolved partially w/defts, US will attempt to resolve all disc disputes w/defts as they arise, no sett negs (DMZ) (Entered: 06/15/1995)

June 15, 1995

June 15, 1995

PACER
62

MOTION by plaintiff for order to lift stay on discovery (DMZ) (Entered: 06/15/1995)

June 15, 1995

June 15, 1995

PACER
63

MEMORANDUM/BRIEF by plaintiff in support of motion for order to lift stay on discovery [62-1] (DMZ) (Entered: 06/15/1995)

June 15, 1995

June 15, 1995

PACER
65

MOTION by plaintiff for order denying defts' mtn for sj (DMZ) (Entered: 06/20/1995)

June 15, 1995

June 15, 1995

PACER
66

MEMORANDUM/BRIEF by plaintiff in support of motion for order denying defts' mtn for sj [65-1] (DMZ) (Entered: 06/20/1995)

June 15, 1995

June 15, 1995

PACER

PROPOSED order submitted by plaintiff (DMZ)

June 15, 1995

June 15, 1995

PACER
64

TRANSCRIPT filed of Proceedings May 23-26 and June 8, 1994; Court Reporter-Tammy Stuckey. (BAW) (Entered: 06/20/1995)

June 20, 1995

June 20, 1995

PACER

REMARK LBE keeping doc 64(trans of May 23-26 and June 8, 1994, hearing held in Msla and Deer Lodge (GAR)

June 20, 1995

June 20, 1995

PACER
67

MOTION by plaintiff to extend time to file Findings of Fact and Conclusions of Law w/c/s (GAR) (Entered: 07/06/1995)

June 21, 1995

June 21, 1995

PACER
68

MEMORANDUM/BRIEF by plaintiff in support of motion to extend time to file Findings of Fact and Conclusions of Law [67-1] w/c/s (GAR) (Entered: 07/06/1995)

June 21, 1995

June 21, 1995

PACER
69

ORDER by Mag Judge Leif B. Erickson granting motion to extend time to file Findings of Fact and Conclusions of Law [67-1] ; Deadline for submission of proposed findings is 7/5/95 (cc: all counsel) gar for mgs (GAR) (Entered: 07/06/1995)

June 21, 1995

June 21, 1995

PACER
70

RESPONSE by defendant to motion for order denying defts' mtn for sj [65-1], to motion for order to lift stay on discovery [62-1] w/c/s (GAR) (Entered: 07/06/1995)

June 21, 1995

June 21, 1995

PACER
71

RESPONSE by defendant to motion for order to lift stay on discovery [62-1] w/c/s (GAR) (Entered: 07/06/1995)

June 21, 1995

June 21, 1995

PACER
72

ORDER by Judge Charles C. Lovell, Subsection of Dfts' Motion for Summary Judgment regarding standing and validity of AG's statutory certification if denied. Subsection of Pltf's Motion to Strike regarding Dfts' Fourth and Affirmative Defense and for Partial Summary Judgment regarding standing and validity of AG's statutory certification is granted. cc: CCL, LBE, Keller, Ohler, Payne (GAR) (Entered: 07/06/1995)

June 27, 1995

June 27, 1995

PACER
73

PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW by defendant w/c/s (GAR) (Entered: 07/06/1995)

July 5, 1995

July 5, 1995

PACER

FILE DELIVERED to Clerk, Missoula for Judge Erickson consisting of 3 vols (GAR)

July 6, 1995

July 6, 1995

PACER
74

PROPOSED FINDINGS of fact and conclusions of law by plaintiff USA in support of motion for preliminary and permanent injunction. (BAW) (Entered: 07/11/1995)

July 6, 1995

July 6, 1995

PACER

FILE DELIVERED to LBE (BAW)

July 11, 1995

July 11, 1995

PACER
75

ORDER by Judge Charles C. Lovell granting motion for order to lift stay on discovery [62-1] ; parties shall submit joint proposed amended sched order for crts appvl on or bef 9/22/95 and referring to Mag Judge Leif B. Erickson the motion for order denying defts' mtn for sj [65-1] (cc: CCL, LBE, Payne, Keller, Ohler (GAR) (Entered: 09/05/1995)

Sept. 5, 1995

Sept. 5, 1995

PACER

FILE DELIVERED to Clerk, Missoula for Judge Erickson consisting of 3 volumes (GAR)

Sept. 5, 1995

Sept. 5, 1995

PACER
76

PROPOSED SCHED ORDER submitted by Dfts purs to Court's Order w/c/s (GAR) (Entered: 09/29/1995)

Sept. 21, 1995

Sept. 21, 1995

PACER
77

ORDER by Judge Charles C. Lovell, All disc be completed by 3/31/96; ; all motions except mots in limine be filed on or before 4/15/96 ; all ans to written disc be made by 3/31/96; written status reports be filed on or before 1/15/96; Pltfs shall provide expert witness disclosures on 1/15/96; Dfts shall provide expert witness disclosures on 2/15/96; Pltfs will provide any rebutal expert disclosures by 3/15/96. Notwithstanding the discovery completion deadline, expert tours may be conducted after disc deadline and within a reasonable amt of time before trial so that experts can testify to then current conditions at time of trial. All parties will supplement expert discl following any expert tours between time of disclosure and trial. It is anticipated that prties will conduct expert tours in March and supplement tours in May or June and disclosures will be cmpleted by 6/30/96. Parties will exchange exhibits by 6/30/96. Final pretrial conf will be held 7/16/96 and mots in limine filed that date. The trial will be set by Court after 7/22/96. Trial brfs be submitted by 6/30/96; exhibits be submitted no later than 6/30/96. cc: Ohler, Keller, Payne (GAR) (Entered: 09/29/1995)

Sept. 28, 1995

Sept. 28, 1995

PACER
78

FINDINGS AND RECOMMENDATION by Mag Judge Leif B. Erickson recommending that the remaining portions of defendants' motion for summary judgment [23-1] be denied, except for that part of said motion which addresses inmates in need of protection (said issue is reserved and will be the subject of separte findings and recommendation); recommending that the remaining portions of plaintiff's motion to strike Affirmative Defenses [21-1] and motion for partial summary judgment [21-2] be granted. Objections to F/R due date: 10/19/95 (cc: all counsel) (KJH) (Entered: 09/30/1995)

Sept. 29, 1995

Sept. 29, 1995

PACER
79

ORDER by Judge Charles C. Lovell pltf's atty to convene atty conf during week of 7/15/96 ; FPTO ddl set for 7/30/96, final pretrial conference set for 10:30 8/16/96, Hlna; trial set for 9:30 9/16/96, Hlna; settlement ddl set for 7/22/96 pties to attend status conf set for 1/12/96, 10:30 am, Hlna, 2nd status conf set for 4/12/96, 10:30 am, Hlna, prop voir dire & jury inst due 8/5/96, (cc: Ohler, Payne, Keller, AUSA-Hlna,Blgs, Tina, USM, PRO, CCL) (DMZ) (Entered: 10/02/1995)

Oct. 2, 1995

Oct. 2, 1995

PACER
80

OBJECTIONS by defendant to Findings and Recommendation (DMZ) (Entered: 11/14/1995)

Oct. 18, 1995

Oct. 18, 1995

PACER
81

MOTION by plaintiff for temporary restraining order to restrain defts from transferring MSP inmate Henderson (DMZ) (Entered: 11/14/1995)

Oct. 18, 1995

Oct. 18, 1995

PACER

Case Details

State / Territory: Montana

Case Type(s):

Prison Conditions

Special Collection(s):

Post-PLRA Jail and Prison Private Settlement Agreements

Civil Rights Division Archival Collection

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 1, 1994

Closing Date: 2002

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

United States Department of Justice, on behalf of prisoners at the Montana State Prison

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Montana State Prison, State

Case Details

Causes of Action:

Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq.

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Private Settlement Agreement

Order Duration: 1996 - None

Issues

General:

Classification / placement

Fire safety

Food service / nutrition / hydration

Phone

Staff (number, training, qualifications, wages)

Jails, Prisons, Detention Centers, and Other Institutions:

Crowding / caseload

Discrimination-basis:

Disability (inc. reasonable accommodations)

Medical/Mental Health:

Dental care

Medical care, general

Medication, administration of

Mental health care, general

Type of Facility:

Government-run