Filed Date: May 20, 1985
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In 1985, visitors to the Montana State Prison filed a class action lawsuit under 42 U.S.C. § 1983 against the Montana Department of Corrections in the U.S. District Court for the District of Montana. The plaintiffs, who were represented by the American Civil Liberties Union, alleged that their constitutional rights had been violated when they were required to undergo strip searches before being allowed to visit the prison.
Seven months after the initiation of the lawsuit, the parties entered into a settlement agreement, which enumerated several procedures to be followed by the prison authorities in relation to strip searches of visitors. In 1990, the defendants strip searched two prison visitors in violation of the settlement agreement, and they reached a second agreement with the plaintiffs' attorneys regarding that noncompliance. The plaintiffs' attorneys asked the court to award them attorneys' fees for their work in this second agreement with the defendants.
On February 18, 1992, the U.S. District Court for the District of Montana (Judge Paul Hatfield) granted the plaintiffs their attorneys fees, and ordered the defendants to pay. Sage v. Risley, 785 F.Supp. 134 (D.Mt. 1992). We have no further information on the proceedings in this case.
Summary Authors
Kristen Sagar (4/5/2006)
Hatfield, Paul Gerhart (Montana)
Kozakiewicz, Vincent J (Montana)
Pevar, Stephen L. (Colorado)
Nagel, Karl (Montana)
Obie, James B. (Montana)
Hatfield, Paul Gerhart (Montana)
Last updated March 17, 2024, 3:15 a.m.
Docket sheet not available via the Clearinghouse.State / Territory: Montana
Case Type(s):
Key Dates
Filing Date: May 20, 1985
Case Ongoing: No reason to think so
Plaintiffs
Plaintiff Description:
visitors to the Montana State Prison
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Granted
Defendants
Montana Department of Corrections, State
Case Details
Causes of Action:
Constitutional Clause(s):
Due Process: Substantive Due Process
Unreasonable search and seizure
Available Documents:
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Order Duration: 1985 - None
Issues
General:
Jails, Prisons, Detention Centers, and Other Institutions:
Type of Facility: