On April 21, 1993, a class of women prisoners incarcerated at the Women's Correctional Center ("WCC") in Warm Springs, Montana, filed a class action lawsuit in the United States District Court for the District of Montana against the Montana governor and Department of Corrections, under 42 U.S.C. § 1983, alleging violations of their First, Eighth and Fourteenth Amendment rights; the Rehabilitative Act of 1973; and the Americans with Disabilities Act of 1990. More particularly, the plaintiffs, who were represented by the ACLU National Prison Project as well as by private counsel, alleged unconstitutional conditions of confinement, deliberate indifference to medical and psychiatric needs, failure to accommodate for disabilities, denial of access to the courts, and invidious gender discrimination, and were seeking injunctive relief.

On December 16, 1994, after extensive pre-trial investigations, the U.S. District Court for the District of Montana (Magistrate Judge Robert M. Holter) filed an interim agreement reached by the parties, which required a suspension of all discovery in the case for a period of twelve months because the WCC was being moved from the Warm Springs location to Billings, Montana. The parties agreed that the move provided an opportunity to resolve the dispute and/or avoid unnecessary discovery due to the changed circumstances. Further, the defendants agreed in the interim agreement to remedy several of the complaints, including:

·        facilities that complied with fire and safety regulations

·        sanitary facilities

·        an adequate diet for the women

·        adequate medical and mental health care services

·        access to the courts

·        basic education/GED preparation

·        programs to assist the women with personal skills, parenting skills, emotional problems, and substance abuse, and related mental health counseling

·        compliance with the Americans with Disabilities Act by making programs and services accessible to the disabled

Megan Raynor - 03/22/2006


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