Case: Jordan v. Multnomah County

3:80-cv-00841 | U.S. District Court for the District of Oregon

Filed Date: Sept. 18, 1980

Closed Date: 1997

Clearinghouse coding complete

Case Summary

On September 18, 1980, plaintiffs filed a class action lawsuit under 42 U.S.C. § 1983 in the U.S. District Court for the District of Oregon against Multnomah County officials, challenging conditions in the Multnomah County Jail. Multnomah County Circuit and District Court judges entered as amicus curiae in the case. Apparently, there was significant litigation before 1989, but the PACER docket does not start until 1989, beginning with the 427th entry in the case. We therefore do not know much a…

On September 18, 1980, plaintiffs filed a class action lawsuit under 42 U.S.C. § 1983 in the U.S. District Court for the District of Oregon against Multnomah County officials, challenging conditions in the Multnomah County Jail. Multnomah County Circuit and District Court judges entered as amicus curiae in the case. Apparently, there was significant litigation before 1989, but the PACER docket does not start until 1989, beginning with the 427th entry in the case. We therefore do not know much about the substance of this litigation, but from February 1989 until May 1990, the U.S. District Court for the District of Oregon (Judge James A. Reddon) monitored defendant Multnomah County for violations of a previous court order. On June 29, 1990 the court issued a final order in the case, ordering declaratory judgment. On August 13, 1997, the court terminated the final order in the case pursuant to the Prison Litigation Reform Act ("PLRA").

Plaintiffs appealed the district court's judgment termination of the final order, contending that the PLRA was unconstitutional. The U.S. Court of Appeals for the Ninth Circuit affirmed, nothing that it had already ruled, in Gilmore v. California, 220 F.3d 987 (9th Cir. 2000), that the PLRA was constitutional. Jordan v. Multnomah Co., 230 F.3d 1367 (9th Cir. 2000). This is the final entry in the PACER docket.

Summary Authors

David Terry (5/2/2006)

People


Judge(s)

Lay, Donald Pomery (Minnesota)

Attorney for Plaintiff

La Barre, Jerome E. (Oregon)

Attorney for Defendant

Duffy, Sandra N. (Oregon)

Expert/Monitor/Master/Other

Abernethy, Pamela L. (Oregon)

Frohnmayer, David B. (Oregon)

Judge(s)

Lay, Donald Pomery (Minnesota)

McKeown, M. Margaret (California)

Redden, James Anthony (Oregon)

Tashima, Atsushi Wallace (California)

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Documents in the Clearinghouse

Document

3:80-cv-00841

Docket [PACER]

Sept. 26, 2000

Sept. 26, 2000

Docket

3:80-cv-00841

97-36116

Memorandum

U.S. Court of Appeals for the Ninth Circuit

Aug. 30, 2000

Aug. 30, 2000

Order/Opinion

230 F.3d 230

Docket

Last updated March 22, 2024, 3:06 a.m.

ECF Number Description Date Link Date / Link
427

Defts' reply to pltfs' memo in oppos to defts' mot to remove Fed Monitor (former employee) (Entered: 02/22/1989)

Feb. 21, 1989

Feb. 21, 1989

428

Defts' reply to pltfs' reply to defts' oppos to pltfs' mot for amendmt of the final order (former employee) (Entered: 02/22/1989)

Feb. 21, 1989

Feb. 21, 1989

429

RECORD OF TELCONF: Hrg set for 2/27/89 is stricken. A Tour of facilities at MCDC will be taken at that time instead. A Hrg on amendments to Final Order will be held on 3/3/89, 10:00 am. ; setting status hrg oral argument on County's mot to expand population ( beginning w/another inspection at 9:30) for 1:30 4/13/89 (ntfd c/d) Honorable James A. Redden (former employee) (Entered: 02/24/1989)

Feb. 21, 1989

Feb. 21, 1989

430

2/27/89 Federal Court Monitor Rpt of Court Order Violations (former employee) (Entered: 02/27/1989)

Feb. 27, 1989

Feb. 27, 1989

431

Deft Multnomah Cty's response to Fed Monitor's reports & violation notices 2/21/89 (former employee) (Entered: 03/09/1989)

March 8, 1989

March 8, 1989

432

Deft Mult Cty's response to Fed Monitor's reports & violation notices 1/20/89 (former employee) (Entered: 03/09/1989)

March 8, 1989

March 8, 1989

433

Deft Mult Cty's response to Fed Monitor's reports & violation notices 2/2/89 (former employee) (Entered: 03/09/1989)

March 8, 1989

March 8, 1989

434

John E. del Nero Fed Monitor Court report for the months of Jan & Fed l989, March 1989 (former employee) (Entered: 03/14/1989)

March 14, 1989

March 14, 1989

435

Deft Mult Cty's response to Federal Monitor's rpts & violation notices 2/27/89 (former employee) (Entered: 03/14/1989)

March 14, 1989

March 14, 1989

436

MOTION of Petitioners Mult Cty Circ & Dist Crt Judges for leave to file memo as amicus curiae (exped hrg req & oral arg NOT req) (former employee) (Entered: 03/15/1989)

March 14, 1989

March 14, 1989

437

Pltfs' response to motion of petitioners' Mult Cty Circuit & Dist Court Judges for leave to file memo as amicus curiae (former employee) Modified on 03/22/1989 (Entered: 03/22/1989)

March 21, 1989

March 21, 1989

438

Certificate of service by plaintiffs (former employee) (Entered: 03/22/1989)

March 21, 1989

March 21, 1989

439

ORDER granting motion for leave to file memo as amicus curiae [436-1] (State of OR) (see order) This ord limited to allowing amicus curiae brief mentioned & does not authorize intervention by petitioners to challenge this court's 6/23/87 ord, or any systems implemented by Sheriff re release conditions ntfd Signed 3/23/89 microfilmed 3/23/89 Honorable James A. Redden (former employee) (Entered: 03/23/1989)

March 23, 1989

March 23, 1989

440

Memorandum of petitioner's Multnomany County Circuit & District Court Judges as amicus curiae [436-1] (former employee) (Entered: 03/24/1989)

March 24, 1989

March 24, 1989

441

RECORD OF ORD: tel status conf 3/30/89, 3:30 , ntfd by tel Honorable James A. Redden (former employee) (Entered: 03/31/1989)

March 30, 1989

March 30, 1989

442

RECORD OF tel SRC: ;status hearing set 9:30 4/13/89 , ntfd Honorable James A. Redden (former employee) (Entered: 03/31/1989)

March 30, 1989

March 30, 1989

443

Federal Court Monitor John E del Nero report of court order violations 4/6/89 (former employee) (Entered: 04/06/1989)

April 6, 1989

April 6, 1989

445

ORDER-The Ffinal ord ent in this case be amended (see ord for specifics) ntfd Signed 4/12/89 microfilmed 4/14/89 Honorable James A. Redden (former employee) (Entered: 04/14/1989)

April 12, 1989

April 12, 1989

444

Federal Court Monitor Report of the Court Order Violations Month of April 1989 (former employee) (Entered: 04/13/1989)

April 13, 1989

April 13, 1989

446

RECORD OF HRG: ORD pend mots deferred for 6 mos to allow time to gather further statistical data. Another ;status hearing set 9:30 10/16/89 , ntfd Honorable James A. Redden (former employee) (Entered: 04/17/1989)

April 13, 1989

April 13, 1989

447

Stipulation and ORDER: amending final judgment- pop capacity from 476 to 518 beds (see this order , ntfd Signed 4/13/89 Honorable James A. Redden (former employee) (Entered: 04/17/1989)

April 14, 1989

April 14, 1989

448

Objections by defendants to form of pltfs' order (former employee) (Entered: 04/20/1989)

April 20, 1989

April 20, 1989

449

Response by defendant Multnomah County to Fed Monitor's violation report 4/6/89 (former employee) (Entered: 05/03/1989)

May 2, 1989

May 2, 1989

450

Response by defendant Multnomah County to Fed Monitor's court report Jan/Feb 89 (former employee) (Entered: 05/03/1989)

May 2, 1989

May 2, 1989

451

Response by defendant Multnomah County to Fed Monitor's violation report 4/13/89 (former employee) (Entered: 05/03/1989)

May 2, 1989

May 2, 1989

452

RECORD OF ORD: telephone stat conf MON, 5/8/89, 3:00 , ntfd Honorable James A. Redden (former employee) (Entered: 05/05/1989)

May 4, 1989

May 4, 1989

454

Federal Monitor report of court order violations 5/16/89 (former employee) (Entered: 05/16/1989)

May 16, 1989

May 16, 1989

455

ORDER Based on hrg 4/13/89 & record herein ORD that final order 6/23/87 be amended ( see this order) l) Fed Monitor be responsible to eprform monitoring duties as to TH-8 along w/the other areas of MCDC & CHJ. Defts' mot to remove Fed Monitor denied at this time. Status of monitor will be reviewed at hrg on 10/16/89. See ord) ntfd Signed 5/16/89 microfilmed & ent 5/16/89 Honorable James A. Redden (former employee) (Entered: 05/16/1989)

May 16, 1989

May 16, 1989

456

Response by defendant Multnomah County to Federal Monitor's Violation Rpt [454-1] (former employee) (Entered: 06/02/1989)

June 2, 1989

June 2, 1989

457

Defts' statistical data report (former employee) (Entered: 06/13/1989)

June 12, 1989

June 12, 1989

458

Federal Monitor Reprot for Months of March, April & May 1989, (June 15, 1989) (former employee) (Entered: 06/16/1989)

June 15, 1989

June 15, 1989

459

MOTION by plaintiffs for award of attorney fees and expenses #459 OA REQ (former employee) (Entered: 06/16/1989)

June 15, 1989

June 15, 1989

460

Affidavit of Spencer M. Neal (former employee) (Entered: 06/16/1989)

June 16, 1989

June 16, 1989

461

Affidavit of David B Markowitz (former employee) (Entered: 06/16/1989)

June 16, 1989

June 16, 1989

462

Affidavit of Henry Kantor (former employee) (Entered: 06/16/1989)

June 16, 1989

June 16, 1989

463

Affidavit as to hours, expenses, hourly rates, & billing practices / Jerome LaBarre (former employee) (Entered: 06/16/1989)

June 16, 1989

June 16, 1989

464

Affidavit of Tom Steenson (former employee) (Entered: 06/16/1989)

June 16, 1989

June 16, 1989

465

Affidavit of Roy S Haber (former employee) (Entered: 06/16/1989)

June 16, 1989

June 16, 1989

466

Affidavit and Memorandum by plaintiff in support of motion for award of attorney fees and expenses [459-1], Jerome LaBarre (former employee) (Entered: 06/16/1989)

June 16, 1989

June 16, 1989

467

Certificate of service by plaintiff (former employee) (Entered: 06/16/1989)

June 16, 1989

June 16, 1989

468

MOTION by defendants for enlargement of time, bifurcating ptlfs' motion and petition for attorney fees and resetting date for OA OA REQ, Exped Consid Req, memo in support (former employee) (Entered: 06/27/1989)

June 26, 1989

June 26, 1989

469

Defts' response objecting to pltfs' entitlement to an award of atty fees and expenses [459-1] OA REQ, Exped consid req (former employee) (Entered: 06/27/1989)

June 26, 1989

June 26, 1989

470

Federal Court Monitor Report of court order violations 6/27/89 (former employee) (Entered: 06/27/1989)

June 27, 1989

June 27, 1989

471

Pltfs' affidavit and memorandum in reply to defts' memo on entitlement and amount of atty fees [459-1] (former employee) (Entered: 07/11/1989)

July 10, 1989

July 10, 1989

472

Pltfs'(motion) and memo in repsonse to defts' motion for enlargement of time, bifurcating ptlfs' motion and petition for attorney fees and resetting date for OA (former employee) (Entered: 07/11/1989)

July 10, 1989

July 10, 1989

473

Certificate of service by plaintiffs (former employee) (Entered: 07/11/1989)

July 10, 1989

July 10, 1989

474

Defts' statistical data report from 6/1/89 through 6/30/89 (former employee) (Entered: 07/13/1989)

July 13, 1989

July 13, 1989

475

Federal Court Monitor Report of Court Order Violations 8/7/89 (former employee) (Entered: 08/07/1989)

Aug. 7, 1989

Aug. 7, 1989

476

Defts' statistical data report (former employee) (Entered: 08/08/1989)

Aug. 8, 1989

Aug. 8, 1989

477

Defts' statistical data report (8/1/89-8/31/89) (former employee) (Entered: 09/14/1989)

Sept. 13, 1989

Sept. 13, 1989

478

Federal Monitor report for the months of June, July, Aug 1989 (9/21/89) (former employee) (Entered: 09/21/1989)

Sept. 21, 1989

Sept. 21, 1989

479

Defts' statistical date report (former employee) (Entered: 10/10/1989)

Oct. 10, 1989

Oct. 10, 1989

480

RECORD OF ord status hrg set for 10/16 is stricken and reset to 10/31/89 at 9:30am . Deft's mot to bifurcate [468] is Granted. The mot by pltfs' for attys fees [459] will be heard only as to entitlement. Once the court rules on that aspect, further briefing & hrg will be set, if necessary. , ntfd Honorable James A. Redden (former employee) (Entered: 10/12/1989)

Oct. 12, 1989

Oct. 12, 1989

481

Pltfs' supplemental affidavits of other attorneys on Lodestar & Multiplier issues. (former employee) (Entered: 10/13/1989)

Oct. 13, 1989

Oct. 13, 1989

482

Certificate of service of document [481] (former employee) (Entered: 10/13/1989)

Oct. 13, 1989

Oct. 13, 1989

483

Transcript of proceedings had 4/13/89 before the Honorable James M. Redden filed (former employee) (Entered: 10/13/1989)

Oct. 13, 1989

Oct. 13, 1989

484

Federal Monitor Report of Court Order Violation & 10 hour Processing for September 1989 (10/17/89) (former employee) (Entered: 10/17/1989)

Oct. 17, 1989

Oct. 17, 1989

485

Supplemental MOTION by pltfs' & petition for attorney fees and expenses #485 , OA REQ (former employee) (Entered: 10/19/1989)

Oct. 18, 1989

Oct. 18, 1989

486

Affidavit as to hours and expenses re motion & petition for attorney fees and expenses [485-1] (former employee) (Entered: 10/19/1989)

Oct. 18, 1989

Oct. 18, 1989

487

Certificate of service by plaintiff (former employee) (Entered: 10/19/1989)

Oct. 18, 1989

Oct. 18, 1989

489

Certificate of svce by plaintiffs (former employee) (Entered: 10/24/1989)

Oct. 24, 1989

Oct. 24, 1989

490

RECORD OF TELCONF: Status hrg set for 10/31/89 stricken & reset ;status hearing set 9:30 11/20/89 , ntfd Honorable James A. Redden (former employee) (Entered: 10/27/1989)

Oct. 27, 1989

Oct. 27, 1989

491

Defts statistical report form 10/1 through 10/31/89 (former employee) (Entered: 11/14/1989)

Nov. 13, 1989

Nov. 13, 1989

492

Stipulation and ORDER: (see stipo.) this order supplements final order this court 6/23/87 this order supersedes. 1/1/90 monitor shall cease monitoring requirements set forth in paras 6,11,12, & 15 of order 6/23/87. (see stipo) ntfd Signed 11/20/89 Honorable James A. Redden (former employee) (Entered: 11/20/1989)

Nov. 20, 1989

Nov. 20, 1989

493

RECORD OF Fairness Hearing: on settlement of class-action suit , Stipulation & order signed ntfd Honorable James A. Redden (former employee) (Entered: 11/21/1989)

Nov. 20, 1989

Nov. 20, 1989

494

Defts' statistical data report from 11/1/89 through 11/30/89 (former employee) (Entered: 12/12/1989)

Dec. 12, 1989

Dec. 12, 1989

495

Monitor Report of court order violation 1/12/90 (former employee) (Entered: 01/16/1990)

Jan. 12, 1990

Jan. 12, 1990

496

Defts' statistical data report from 12/1/89-12/31/89 (former employee) (Entered: 01/25/1990)

Jan. 25, 1990

Jan. 25, 1990

497

Federal Court Monitor Report for months of Sept, Oct, Nov & Dec 1989 (l/26/90) (former employee) (Entered: 01/29/1990)

Jan. 26, 1990

Jan. 26, 1990

498

Federal Court Monitor Report of court order violation 2/15/90 (former employee) (Entered: 02/16/1990)

Feb. 15, 1990

Feb. 15, 1990

499

Defts' Statistical data report from 1/1/90-1/31/90 (former employee) (Entered: 02/20/1990)

Feb. 20, 1990

Feb. 20, 1990

500

Federal Court Monitor Report of court order violations 2/27/90 for month of February 1990 (former employee) (Entered: 02/27/1990)

Feb. 27, 1990

Feb. 27, 1990

501

Deft's statistical data report (former employee) (Entered: 03/12/1990)

March 12, 1990

March 12, 1990

502

Federal Monitor report for the months of January & February 1990 (former employee) (Entered: 03/15/1990)

March 15, 1990

March 15, 1990

503

Federal Court Monitor Rpt of Court Order Violations 4/6/90 for months of March & April (former employee) (Entered: 04/09/1990)

April 6, 1990

April 6, 1990

504

Defts' statistical data report from 3/1/90 through 3/31/90 (former employee) (Entered: 04/10/1990)

April 10, 1990

April 10, 1990

505

Federal Court Monitor Report of Court Order Violation during inspection 4/6/90 (former employee) (Entered: 04/18/1990)

April 17, 1990

April 17, 1990

507

Federal Monitor report of court order violations 5/8/90 (former employee) (Entered: 05/09/1990)

May 8, 1990

May 8, 1990

508

Defts' statistical data report (former employee) (Entered: 05/11/1990)

May 11, 1990

May 11, 1990

509

Federal Court Monitor Report of Court Violation 5/22/90 (former employee) (Entered: 05/23/1990)

May 22, 1990

May 22, 1990

510

Federal Court Monitor Report for months of March & April 1990 - Final Report (former employee) (Entered: 05/30/1990)

May 30, 1990

May 30, 1990

511

RECORD OF HRG: (see modified final order of this date) ntfd Honorable James A. Redden (former employee) (Entered: 06/29/1990)

June 29, 1990

June 29, 1990

512

Modified Final ORDER (see order) declaratory judgment & case be considered closed subject to the court reopening the case , ntfd Signed 6/29/90 microfilmed & ent 6/29/90 Honorable James A. Redden (former employee) (Entered: 06/29/1990)

June 29, 1990

June 29, 1990

513

Letter re exhibits: pltfs returned 10/25/90; defts none found (former employee) (Entered: 11/28/1990)

Nov. 27, 1990

Nov. 27, 1990

514

MOTION AND SUPPORTING MEMORANDUM by Defendant Multnomah County FOR ORDER TO TERMINATE MODIFIED FINAL ORDER IN THIS CASE (former employee) Modified on 08/12/1997 (Entered: 08/12/1997)

Aug. 12, 1997

Aug. 12, 1997

SUBSTITUTION of Attorney Thomas C Sponsler Jr replacing attorney Sandra N Duffy for Defendants Robert Skipper, Fred B Pearce, Gladys McCoy and Multnomah County (former employee) (Entered: 08/27/1997)

Aug. 12, 1997

Aug. 12, 1997

515

ORDER by Honorable James A. Redden GRANTING MOTION FOR ORDER TO TERMINATE MODIFIED FINAL ORDER IN THIS CASE [514-1] Signed 8/12/97 (counsel notified) (former employee) (Entered: 08/13/1997)

Aug. 13, 1997

Aug. 13, 1997

516

RECORD OF ORDER by Honorable James A. Redden Telephone Status Conference set for 10:00am 8/26/97 Court will initiate call (counsel notified) (former employee) (Entered: 08/21/1997)

Aug. 20, 1997

Aug. 20, 1997

517

SUBSTITUTION of Attorney replacing attorney Jerome E La Barre by Forrest Reike & William J Savage for Frank Jackson, Herman Jackson, Donald Cobbs, Richard Kienitz, Wallace Washington, Raymond Wielebski, Robert C Curvey, Douglas Smalley, Gary Jordan (former employee) Modified on 08/25/1997 (Entered: 08/25/1997)

Aug. 22, 1997

Aug. 22, 1997

519

CERTIFICATE OF SERVICE of attorney notice [517-1] by Plaintiffs (former employee) (Entered: 08/27/1997)

Aug. 25, 1997

Aug. 25, 1997

518

RECORD OF PROCEEDINGS (TELEPHONE CONFERENCE) before Honorable James A. Redden TO REOPEN CASE ORDER: pursuant to court's ordersigned and filed 8/12/97 [515-1] is set aside. New counsel representing the class are Forrest N Rieke and William J Savage; ORDER: Plaintiffs response to Defendants motion to terminate order is due 10/14/97; Plaintiffs reply due 10/20/97; telephone oral argument set for 11/3/97 at 9:30am (counsel notified) Court Rptr Jerry Harris (former employee) (Entered: 08/27/1997)

Aug. 26, 1997

Aug. 26, 1997

520

MOTION by Plaintiffs TO REOPEN CASE (RECORD) (former employee) (Entered: 10/15/1997)

Oct. 14, 1997

Oct. 14, 1997

521

MOTION by Plaintiffs FOR ORDER TO DECLARE UNCONSTITUTIONAL 18:3626(b)(2) Oral Argument Requested (former employee) (Entered: 10/15/1997)

Oct. 14, 1997

Oct. 14, 1997

522

RESPONSE by Plaintiffs to MOTION FOR ORDER TO DECLARE UNCONSTITUTIONAL 18:3626(b)(2) [521-1] (former employee) (Entered: 10/15/1997)

Oct. 14, 1997

Oct. 14, 1997

523

AFFIDAVIT by Plaintiffs of Darcy Bjork (former employee) (Entered: 10/15/1997)

Oct. 14, 1997

Oct. 14, 1997

524

MOTION by Defendant Multnomah County TO EXTEND TIME TO REPLY TO Plaintiffs RESPONSE TO MOTION TO TERMINATE ORDER [521-1] (former employee) (Entered: 10/21/1997)

Oct. 17, 1997

Oct. 17, 1997

525

EXHIBITS 1-5 Plaintiffs motion to declare 18:3626(b)(2) unconstitutional [521-1] (former employee) (Entered: 10/22/1997)

Oct. 21, 1997

Oct. 21, 1997

526

RECORD OF ORDER by Honorable James A. Redden GRANTING Defendants MOTION TO EXTEND TIME TO 10/27/97 TO REPLY TO Plaintiffs RESPONSE TO MOTION TO TERMINATE ORDER [524-1] (counsel notified) (former employee) (Entered: 10/23/1997)

Oct. 22, 1997

Oct. 22, 1997

527

REPLY by Defendant to Plaintiff's response to MOTION FOR ORDER TO DECLARE UNCONSTITUTIONAL 18:3626(b)(2) [521-1], & to Plaintiff's MOTION TO REOPEN CASE (RECORD) [520-1] (former employee) (Entered: 10/27/1997)

Oct. 27, 1997

Oct. 27, 1997

528

NOTICE OF ADDRESS CHANGE by attorney Multnomah County Counsel for Defendants' (former employee) (Entered: 10/29/1997)

Oct. 29, 1997

Oct. 29, 1997

Case Details

State / Territory: Oregon

Case Type(s):

Jail Conditions

Key Dates

Filing Date: Sept. 18, 1980

Closing Date: 1997

Case Ongoing: No

Plaintiffs

Plaintiff Description:

inmates at the Multnomah County Jail

Public Interest Lawyer: Unknown

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Multnomah County (Multnomah), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Available Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 1990 - 1997

Issues

General:

Totality of conditions

Jails, Prisons, Detention Centers, and Other Institutions:

Disciplinary segregation

Type of Facility:

Government-run