On February 24, 2000, juvenile inmates at the South Dakota State Training School at Plankinton filed a civil rights lawsuit pursuant to 42 U.S.C. § 1983 and Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400-1487 in the United States District Court, District of South Dakota, Southern Division, challenging conditions of confinement at the facility. Plaintiffs alleged numerous constitutional violations which included the following: (1) improper and punitive restraint methods; (2) lengthy solitary confinements; (3) lack of mental health services; (4) inadequate training of staff; (5) arbitrary' discipline and punishment;(6) the presence of male staff members in the female shower area;(7) monitoring of telephone calls and visits; and (8) the lack of special education courses. Plaintiffs sought declaratory and injunctive relief, as well as class certification.

On July 7, 2000, the District Court, (Chief Judge Lawrence L. Piersol)

certified the class and subclasses. Christina A. ex rel. Jennifer A. v. Bloomberg, 197 F.R.D. 664 (D.S.D. 2000). Extensive discovery and settlement negotiations followed. A settlement was reached on November 6, 2000.

The Court held a fairness hearing on December 11, 2000 and approved the Settlement Agreement and dismissed the case without prejudice on December 13, 2000. It retained jurisdiction for purposes of enforcing the Settlement Agreement and resolving issues of costs and attorneys' fees.

The plaintiff class moved for an award of attorney's fees and expenses. On Sept. 28, 2001, the District Court awarded plaintiffs $302,617.50 in attorney's fees and $74,019.98 in costs and expenses. In making the award, the District Court found that plaintiffs were a "prevailing party" under 42 U.S.C. § 1988 and held that the Prison Litigation Reform Act (''PLRA'') was not applicable. Christina A. ex rel. Jennifer A. v. Bloomberg, 167 F.Supp.2d 1094 (D.S.D. 2001). Defendants appealed.

The Eighth Circuit Court of Appeals (Circuit Judge Beam) reversed, holding that: (1) juvenile inmate class was not a ''prevailing party'' under § 1988, and (2) the juvenile institution qualified as a correctional facility under fee limiting provisions of the PLRA. Christina A. ex rel. Jennifer A. v. Bloomberg, 315 F.3d 990 (8th Cir. 2003).

No further case activity was noted on the PACER docket.

Dan Dalton - 02/25/2007


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