University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Montana Criminal Defense Lawyers Association v. State of Montana CJ-MT-0001
Docket / Court 06-35 ( D. Mont. )
State/Territory Montana
Case Type(s) Criminal Justice (Other)
Case Summary
On July 11, 2006, the Montana Association of Criminal Defense Lawyers, other civil rights organizations, and state legislators filed a lawsuit in the Supreme Court of Montana, seeking a temporary restraining order and preliminary and permanent injunctions banning all executions in the state. The ... read more >
On July 11, 2006, the Montana Association of Criminal Defense Lawyers, other civil rights organizations, and state legislators filed a lawsuit in the Supreme Court of Montana, seeking a temporary restraining order and preliminary and permanent injunctions banning all executions in the state. The complaint alleged that the state did not provide standards for the use of lethal injections in executions to ensure constitutional protections. The Supreme Court of Montana dismissed or denied all claims. The court declined to exercise its original jurisdiction because the only prisoner scheduled to be executed, David Dawson, did not wish to appeal his death sentence and there were no other emergency circumstances warranting injunctive relief.

On August 4, 2006, the plaintiffs filed a complaint and motion for preliminary injunction in the United States District Court for the District of Montana seeking to litigate the issue of whether the procedure for administering lethal injections in Montana was constitutional. On August 7, 2006, the court (Judge Donald W. Molley) dismissed the case for lack of standing.

Angela Heverling - 07/28/2007


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Issues and Causes of Action
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Issues
Death Penalty
Lethal Injection - General
Plaintiff Type
Private Plaintiff
Causes of Action 42 U.S.C. ยง 1983
Defendant(s) State of Montana
Plaintiff Description A collection of organizational and individual persons who either function within or are residents of Montana seeking to prohibit the defendants from executing any person under the sentence of death
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Defendant
Public Int. Lawyer No
Nature of Relief None
Source of Relief None
Form of Settlement None on record
Order Duration not on record
Case Closing Year 2006
Case Ongoing No
Additional Resources
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Links Philadelphia Forfeiture
http://ij.org/case/philadelphia-forfeiture/
By: Institute for Justice (Institute for Justice)
[ Detail ]

Docket(s)
(D. Mont.) 08/14/2006
CJ-MT-0001-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Petition for Injunctive Relief (State Court) 07/11/2006
CJ-MT-0001-0001.pdf | Detail
State's Response to Petition for Injunctive Relief 07/24/2006
CJ-MT-0001-0002.pdf | Detail
Order of the Montana Supreme Court Denying Petition 07/25/2006
CJ-MT-0001-0003.pdf | Detail
District Court Complaint 08/04/2006
CJ-MT-0001-0005.pdf | Detail
Motion for Preliminary Injunction (District Court) 08/04/2006
CJ-MT-0001-0006.pdf | Detail
District Court Order 08/07/2006 (D. Mont.)
CJ-MT-0001-0004.pdf | Detail
Amended Complaint 08/07/2006
CJ-MT-0001-0007.pdf | Detail
Judges Leaphart, W. William (State Supreme Court)
CJ-MT-0001-0003
Molloy, Donald W. (D. Mont.)
CJ-MT-0001-0004 | CJ-MT-0001-9000
Monitors/Masters None on record
Plaintiff's Lawyers Johnson, Julia A. (Montana)
CJ-MT-0001-0001 | CJ-MT-0001-0005 | CJ-MT-0001-0006
Waterman, Ronald F. (Montana)
CJ-MT-0001-0001 | CJ-MT-0001-0005 | CJ-MT-0001-0006 | CJ-MT-0001-0007 | CJ-MT-0001-9000
Defendant's Lawyers Collins, Pamela P. (Montana)
CJ-MT-0001-0002 | CJ-MT-0001-9000 | CJ-MT-0001-9000
Fowler, C. Mark (Montana)
CJ-MT-0001-0002
McGrath, Mike (Montana)
CJ-MT-0001-0002 | CJ-MT-0001-9000
Tweeten, Chris D. (Montana)
CJ-MT-0001-9000
Other Lawyers None on record

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