On October 15, 2008, inmates of the Becker County Jail, represented by private counsel, filed this civil rights class action against Becker County, Minnesota and several law enforcement officials in the United States District Court for the District of Minnesota for interfering with their communications with their attorneys.

Plaintiffs claim that Becker County failed to train its jail perosnel, and did not inform the inmates that phone calls between inmates and their attorneys were supposed to be private. County employees monitored and recorded privileged telephone calls between detainees/inmates of the jail and their attorneys. The plaintiffs sought damages and injunctive relief.

Plaintiffs moved for a Temporary Restraining Order (TRO). On December 12, 2008, the Court (Judge Ann D. Montgomery) denied the motion, finding that the plaintiffs were unable to make a showing that the recording of their phone calls was so severe a constitutional violation to warrant a TRO.

On September 28, 2009, in cross-motions for Summary Judgment, the Court (Judge Montgomery) granted in part, the defendant's motion for summary judgment, and denied the plaintiff's motion for partial summary judgment. Plaintiffs' First, Fourth, Fifth, Sixth, and Fourteenth Amendment claims were dismissed, along with state law and federal common law claims. The plaintiffs claims of violations federal wiretapping statutes survived.

On January 11, 2010, the parties received a settlement. Defendants agreed to pay $104,000 in damages. The case was closed thereafter.

Blase Kearney - 04/08/2012


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