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Civil Rights Litigation Clearinghouse
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Case Name U.S. v. Montana PC-MT-0003
Docket / Court 94-90 ( D. Mont. )
State/Territory Montana
Case Type(s) Disability Rights-Pub. Accom.
Prison Conditions
Special Collection Civil Rights Division Archival Collection
Post-PLRA Jail and Prison Private Settlement Agreements
Attorney Organization U.S. Dept. of Justice Civil Rights Division
Case Summary
In November of 1993, the United States government initiated an investigation of the Montana State Prison ("MSP") pursuant to the Civil Rights of Institutionalized Persons Act ("CRIPA"), 42 U.S.C. § 1997. The government recommended that reform be made in the areas of medical, dental, and ... read more >
In November of 1993, the United States government initiated an investigation of the Montana State Prison ("MSP") pursuant to the Civil Rights of Institutionalized Persons Act ("CRIPA"), 42 U.S.C. § 1997. The government recommended that reform be made in the areas of medical, dental, and psychiatric care, particularly with respect to medication practices, infection monitoring, management and staffing. In addition, the investigation revealed that inmates were inadequately protected against fire hazards, they were being misclassified with respect to housing, there were bunking issues, substandard food preparation, and finally that the MSP failed to comply with the requirements of the Americans with Disabilities Act, 42 U.S.C. § 1201. Numerous other problems were revealed. Subsequent to the government's notice to defendants, the government filed its complaint in the United States District Court for the District of Montana on December 1, 1994. In its complaint the government alleged that the defendants, the governor of Montana and other Department of Corrections officials, failed to provide a reasonably safe environment and adequate inmate protection from harm, in addition to allegations of failure of adequate medical, dental, and mental health care.

Accordingly, in September of 1996, the parties filed a stipulated agreement for the purposes of resolving the medical, dental, and psychiatric issues. Defendants agreed to implement reform provisions with the understanding that noncompliance could result in a reopening of the claims for litigation. In 1997, the parties entered into a second stipulated agreement with respect to the issues of inmate protection, fire safety, overflow issues, and other issues alleged in the complaint. The case was placed on the inactive docket by Judge Charles C. Lovell following the agreement but procedural activity continued until June of 2002.

No further information is available.

Rebecca Bloch - 04/19/2006

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Issues and Causes of Action
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Crowding / caseload
Disability (inc. reasonable accommodations)
Classification / placement
Fire safety
Food service / nutrition / hydration
Staff (number, training, qualifications, wages)
Medical/Mental Health
Dental care
Medical care, general
Medication, administration of
Mental health care, general
Plaintiff Type
U.S. Dept of Justice plaintiff
Type of Facility
Causes of Action Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq.
Defendant(s) Montana State Prison
Plaintiff Description United States Department of Justice, on behalf of prisoners at the Montana State Prison
Indexed Lawyer Organizations U.S. Dept. of Justice Civil Rights Division
Class action status sought No
Class action status granted No
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Private Settlement Agreement
Order Duration 1996 - n/a
Filing Year 1994
Case Ongoing No reason to think so
Additional Resources
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  An Analysis of CRIPA Findings Letters Issued to Jails for Constitutional Violations by the Department of Justice
Date: Apr. 15, 2016
By: Jeff Mellow, Bryce E. Peterson & Mijin Kim (John Jay College of Criminal Justice Faculty)
Citation: Am. J. Crim. Just. (April 2016)
[ Detail ] [ External Link ]

  Civil Rights Injunctions Over Time: A Case Study of Jail and Prison Court Orders
N.Y.U. Law Review
Date: May 2006
By: Margo Schlanger (Washington University Faculty)
Citation: 81 N.Y.U. L. Rev. 550 (2006)
[ Detail ] [ PDF ] [ External Link ]

  Judicial Policy Making and the Modern State: How the Courts Reformed America's Prisons
Date: Jan. 1, 1998
By: Malcolm M. Feeley & Edward Rubin (UC Berkeley Boalt Hall School of Law & Vanderbilt School of Law Faculty Faculty)
Citation: (1998)
[ Detail ]

94-90 (D. Mont.)
PC-MT-0003-9000.pdf | Detail
Date: 06/18/2002
Source: PACER [Public Access to Court Electronic Records]
General Documents
Findings Letter re: CRIPA Investigation of the Montana State Prison, Deer Lodge, Montana
PC-MT-0003-0001.pdf | Detail
Date: 11/23/1993
PC-MT-0003-0002.pdf | Detail
Date: 12/01/1994
Joint Motion
PC-MT-0003-0003.pdf | Detail
Date: 09/12/1996
Order (D. Mont.)
PC-MT-0003-0004.pdf | Detail
Date: 09/17/1996
Stipulated Agreement
PC-MT-0003-0005.pdf | Detail
Date: 01/27/1997
Judges Lovell, Charles C. (D. Mont.)
PC-MT-0003-0004 | PC-MT-0003-9000
Plaintiff's Lawyers Masling, Mark S. (District of Columbia)
PC-MT-0003-0005 | PC-MT-0003-9000
Matteucci, Sherry S. (Montana)
PC-MT-0003-0002 | PC-MT-0003-0003 | PC-MT-0003-0005 | PC-MT-0003-9000
Nelson, Mellie H. (District of Columbia)
PC-MT-0003-0002 | PC-MT-0003-0003 | PC-MT-0003-0005
Patrick, Deval L. (District of Columbia)
Payne, Timothy R. (District of Columbia)
PC-MT-0003-0002 | PC-MT-0003-0003 | PC-MT-0003-0005 | PC-MT-0003-9000
Peabody, Arthur E. Jr. (District of Columbia)
PC-MT-0003-0002 | PC-MT-0003-0003
Pinzler, Isabelle Katz (District of Columbia)
Reno, Janet (District of Columbia)
Rosenbaum, Steven H. (District of Columbia)
Schlanger, Margo (District of Columbia)
PC-MT-0003-0005 | PC-MT-0003-9000
Turner, James P. (District of Columbia)
Weinstein, Laurie J. (District of Columbia)
PC-MT-0003-0002 | PC-MT-0003-9000
Defendant's Lawyers Gallinger, Lorraine I. (Montana)
Keller, P. Keith (Montana)
PC-MT-0003-0003 | PC-MT-0003-0005 | PC-MT-0003-9000
Kradolfer, Kimberly A. (Montana)
Mazurek, Joseph (Montana)
Ohler, David L. (Montana)
PC-MT-0003-0003 | PC-MT-0003-0005 | PC-MT-0003-9000
Other Lawyers Maddox, William G. (District of Columbia)

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