Robyn A. v. McCoy

1 ANGELA SHERBO

LOUIS SAVAGE

2 MICHELLE RYAN

Multnomah County Legal Aid Service 3 310 S.W. 4th Avenue #900

4

Portland, Oregon 97204 Telephone: (503) 224-4086

5 JULIE H. MCFARLANE

6 Juvenile Rights Project 2325 E. Burnside Street

7 Portland, Oregon 97214
Telephone: (503) 232-2540 8

Of Attorneys for Plaintiffs

9

Other attorneys for plaintiffs

10

are listed on the signature page

JI-OR 004-001

11

IN THE UNITED STATES DISTRICT COURT

12

FOR THE DISTRICT OF OREGON

13 ROBYN A., JUSTIN H., and RICKIE H., )

by and through their next friend,

)

14 SUSAN F. MANDIBERG, on behalf of

)

themselves and all others similarly

)

15 situated,

)

16 vs.

Plaintiffs,

) )

17

)

GLADYS MCCOY, PAULINE ANDERSON, ) 18 RICK BAUMAN, GRETCHEN KAFOURY, )

19 and SHARRON KELLEY, in their official )

capacity as chairperson and members

)

20 of the Multnomah County Board of

)

Commissioners; and HAROLD OGBURN, in )

21 his official capacity as director of

)

the Multnomah County Juvenile

)

22 Department,

)

23

Defendants.

)

Civil No.
COMPLAINT
CIVIL RIGHTS CLASS ACTION

24

25

26 Page 1 - COMPLAINT

LEGAL AIDSERVICE
310 S.W. Fourth Avenue, Boom 900
Portland, Oregon 97204 Telephone (5031 224-1094

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t

1

INTRODUCTION

2

1. This civil rights class action is brought by two thirteen-year old boys and a

fifteen-year old girl who are confined at the Donald E. Long Home (DELH) under
4 conditions which violate their constitutional rights. The DELH is a juvenile detention
5 facility owned and operated by Multnomah County.
6 2. The DELH is an old, decaying, unsafe facility which is too cold during the
7 winter and too hot during the summer. Most children in the DELH are locked in cells with
8
no water and no toilet. They are almost never permitted out of doors. Children at the

- _ DELH complain of constant hunger; the food they are fed is inadequate to meet the needs

U of growing bodies. Children at the DELH receive no specialized emergency intervention

12 services although many of them are in dire need of drug or alcohol detoxification, crisis

13 counseling, or suicide prevention counseling. Multnomah County treats its adult prisoners

14 better than it treats the children in the DELH, some of whom are as young as twelve.

15

3. Defendants' deliberate failure to provide plaintiffs with healthy, safe, and

sanitary conditions, an adequate and nutritious diet, emergency intervention services and 17
outdoor exercise and recreation serves no legitimate state interest, denies plaintiffs the 18
special solicitude to which they are entitled as children, is harmful to their physical, 19
emotional and mental health, is cruel, unusual and punitive, and violates all standards of 20
human decency, all in violation of the Eighth and Fourteenth Amendments to the U.S.

22 Constitution.

23

4. Plaintiffs seek declaratory and injunctive relief to remedy these constitutional

24 violations.
25 / / / / /
26 Page 2 " COMPLAINT

LEGAL AID SERVICE 310 S.W. Fourth Avenue, Room 900
Portland, Oregon 97204

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1

JURISDICTION

2

5. This is a civil action authorized by Title 42 USC §1983 to redress the 3

deprivation under color of state law of rights, privileges and immunities guaranteed by the
4
Fourteenth Amendment to the U.S. Constitution to plaintiffs and the class they seek to 5
represent. This court has jurisdiction of this action under Title 28 USC §1331 (a) and 6

§§1343(3) and (4).

g

6. Plaintiffs' action for declaratory relief is authorized by Title 28 USC §2201

g and Rule 57 of the Federal Rules of Civil Procedure. Injunctive relief is authorized by

10 Title 28 USC §2202, Title 42 USC §1983 and Rule 65 of the Federal Rules of Civil

11 Procedure.

12

PARTIES

1 3 Plaintiffs

7. Plaintiff Robyn A. is a fifteen-year old girl who was admitted to the Girls Unit

15

at the DELH on October 19, 1990. On or about October 26, 1990, she was transferred to

16

the Assessment, Intervention, Transition Program (AITP) at the DELH and remains

17

confined there. 18

8. Plaintiff Justin H. is a thirteen-year old boy who was admitted to Boys Unit

19

J

J

J

2 0 II at the DELH on November 4, 1990 and remains confined there.

21

9. Plaintiff Rickie H. is a thirteen-year old boy who was admitted to Boys Unit

22 II at the DELH on October 19, 1990, and remains confined there.

23

10. Plaintiffs bring this action by and through Susan F. Mandiberg, a professor

24 of law at Northwestern School of Law of Lewis and Clark College, as their next friend.

25 Professor Mandiberg is a member in good standing of the bar of this court and is
26

Page 3 - COMPLAINT

LEGAL AID SERVICE 310 S.W. Fourth Avenue, Room 900
Portland, Oregon 97204 Telephone (503) 224-4094

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1 competent to understand and protect the rights of the minor plaintiffs. She has no interests
2 adverse to plaintiffs nor has she any business ties to defendants. 3
Defendants 4
11. Defendants Gladys McCoy, Pauline Anderson, Rick Bauman, Gretchen 5
Kafoury, and Sharron Kelley are, respectively, the chairperson and members of the Board 6
of County Commissioners, which is the governing body of Multnomah County. As such, 7
they are responsible for funding, equipping, maintaining and operating the DELH. They 8
are also responsible for appointing or designating the director of the juvenile department.

2Q They are sued in their official capacity.

11

12. Defendant Harold Ogburn is the director of the Multnomah County Juvenile

12 Department. The juvenile department is an agency of Multnomah County. As director,

13 defendant Ogburn is charged with the administration of the DELH and supervision of its 1 4 staff, subject to the direction of the board of county commissioners. He is sued in his

official capacity.

16

CLASS ACTION

17
13. The individual plaintiffs bring this action on their own behalf and on behalf

18 of all others similarly situated pursuant to Rule 23(a) and (b)(2) of the Federal Rules of
19 20 Civil Procedure. The class consists of all children who are or who may be confined at the
21 DELH.

22

14. The members of this class are so numerous that joinder of all members is

23 impracticable. During the past year there were between 2,800 and 2,900 admissions to the

24 DELH, although some were repeat admissions for the same child. There are questions of
2 5 law and fact common to the class; the claims of the representative parties are typical of the
26 Page 4 " COMPLAINT
LEGAL AID SERVICE 310 S.W. Fourth Avenue, Room 900
Portland, Oregon 97204

1 claims of the class; and the representative parties will fairly and adequately protect the
o
interests of the class. 3
15. The defendants have acted and refused to act on grounds generally applicable 4
to the class, thereby making appropriate final injunctive and corresponding declaratory relief 5
with respect to the class as a whole. The named plaintiffs and their counsel will fairly, 6
vigorously and adequately protect the interests of the class.

16. The injuries suffered by the named plaintiffs and the members of the plaintiff

Q class as a result of the policies and practices of defendants are capable of repetition, yet

10 may evade review, thereby making class relief appropriate.

11

FACTS

12 The Children

13

17. Multnomah County operates the DELH as a juvenile detention facility. Only

^ children charged with, or adjudicated to have committed, an act which would be a crime

if committed by an adult may be held there; no dependent children are confined in the
16 DELH. The facility houses both girls and boys.
17 18. Prior to adjudication and disposition, a child may be held for a few days or
18
for several weeks. After each adjudication and disposition, a child may be held for up to

thirty days in one wing and for up to eight days in the other wings. The average length of

21 stay per admission is now almost five days and will likely increase.

22 The Physical Plant

23

19. The DELH is located at 1401 N.E. 68th Avenue, Portland, Oregon, and is

24 part of a larger juvenile court and office facility.

25

20. There are four housing wings in the DELH, each of which contains locked

26 Page 5 - COMPLAINT

LEGAL AID SERVICE 310 S.W. Fourth Avenue, Room 900
Portland, Oregon 97204

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1 cells and common areas. They are: the Girls Unit, Boys Unit II, Boys Unit III, and AITP.
2 There are two other housing wings which are physically part of the D E L H but they are 3
leased to and operated by the State of Oregon. For purposes of this complaint, D E L H 4
refers only to those portions of the building which are operated by Multnomah County as 5
a juvenile detention facility. 6
21. The physical condition of the D E L H and of its mechanical, electrical, 7
plumbing, heating and ventilation systems is inadequate, unsanitary and hazardous to the 8
children confined there.

JO

22. Heating and ventilation at the D E L H is inadequate. Asbestos covering the

H steam pipes prevents needed maintenance and repairs. The temperature in the facility is

12 erratic. It is too cold in the winter and too hot in the summer.

13

23. The majority of cells in the D E L H do not have running water or toilet

14 facilities and children in those cells must gain the attention of staff whenever they need a

drink or to use the toilet. This causes both physical discomfort and humiliation and has

resulted in children urinating in the cells. The smell of urine pervades the D E L H . 17
24. The children at the DELH are only infrequently provided with clean outer 18
clothing, bedding and towels and are required to share toiletries such as soap, shampoo, 19
Vaseline and razors, resulting in an increased risk of disease and the spread of athlete's

2 1 foot, body lice and other contagious conditions.

22 Emergency Intervention Services

23

25. Children in need of emergency intervention services, including medically

24 supervised drug and alcohol detoxification, individual and family crisis counseling and

*5 suicide prevention counseling, receive none from defendants. 26
Page 6 - COMPLAINT

LEGAL AID SERVICE 310 S.W. Fourth Avenue. Room 900
Portland, Oregon 97204 Tolcohi.'v.; (501) 72<l-40°.:

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2
26. Children in the DELH are not provided adequate or nutritious meals. The
3
food is unpalatable, and sometimes contains foreign objects. Neither the frequency of food
4
service nor the amount of food is adequate to meet the needs of growing children, some 5
of whom have special dietary requirements. Children rarely receive second portions, 6
regardless of their hunger. 7 8 Outdoor Recreation

g

27. Children at the DELH have only rare access to outdoor exercise and

10 recreation.

11 General Allegations

12

28. The above conditions and practices are punitive, have no valid purpose and

13 are harmful to the plaintiffs' physical, mental and emotional health.

29. Defendants have been aware of and have acknowledged some of the above

conditions and practices for approximately two years.

16

30. Defendants have acted intentionally and with deliberate indifference to

17

plaintiffs' rights.

18

31. Defendants at all times pertinent to this action have acted under color of state

19

F

20 l a W '

21

32. Plaintiffs and the class they represent have suffered and will suffer harm for

22 which there is no adequate remedy at law.

23

CLAIM FOR RELIEF

24

33. Defendants' deliberate failure to provide plaintiffs with healthy, safe, and

sanitary conditions, an adequate and nutritious diet, emergency intervention services and
26
Page 7 - COMPLAINT
LEGAL AID SERVICE 310 S.W. Fourth Avenue, Room S : 3
Portland, Oregon 97204

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1 outdoor exercise and recreation serves no legitimate state interest, denies plaintiffs the 2 special solicitude to which they are entitled as children, is harmful to their physical,

emotional and mental health, is cruel, unusual and punitive, and violates all standards of 4
human decency, all in violation of the Eighth and Fourteenth Amendments to the U.S. 5
Constitution. 6 7
WHEREFORE, plaintiffs on their own behalf and on behalf of all others similarly

situated, request that this court:

1Q

A. Assume jurisdiction of this case;

22

B. Issue an order certifying this action to proceed as a class action pursuant to

12 Rule 23(b)(2) of the Federal Rules of Civil Procedure;

13

C. Issue a judgment declaring that confinement in the DELH under the

14 conditions described above violates plaintiffs' rights under the Eighth and Fourteenth 1 5 Amendments to the U.S. Constitution;

D. Issue preliminary and permanent injunctions enjoining the defendants, their 17
agents, employees, successors in office and assigns from confining plaintiffs in the DELH 18
under the unconstitutional conditions described above; 19 20
21

22

23 /////

24 /////

2 5 ///// 26 Page 8 " C O M P L A I N T

LEGAL AIDSER VICE 310 S.W. Fourth Avenue, Room 900
Portland, Oregon 97204

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1

E. Award plaintiffs reasonable attorney fees and costs;

2

F. Award such other and further relief as this court may deem necessary.

3

4 Respectfully submitted,
5

6 DATED:

7

ANGELA^HERBO

8

Of Attorneys for Plaintiffs

9

LESLEA S. SMITH Oregon Legal Services Corporation

10

704 Main Street #301

Oregon City, OR 97045

11

Telephone: (503) 655-2518

12

MAUREEN MCKNIGHT

Oregon Legal Services Corporation

13

516 S.E. Morrison Street #1000

14

Portland, OR 97214 Telephone: (503) 234-1534

15 DAVID LAMBERT

16

National Center for Youth Law

114 Sansome Street #900

17

San Francisco, CA 94104-3820

Telephone: (415) 543-3307 18

19

20

21

22

23

24

25

26

Page 9 - COMPLAINT

LEGAL AIDSERVICE 310 S.W. Fourth Avenue, Room 900
Portland, Oregon 97204 Telephone (503) 224-4094

 
 .

RECEIVED

FILED

? ? . J p n 2 3 Ptf 2 : 5 1

-

?

1 ANGELA SHERBO OSB#824/J7.ir^ „ . . ; - : . . r r , . c T

"-'

RICHARD BALDWIN OSB#77013", - ;

i "

2 MICHELLE RYAN OSB#79370 r./:Vu»....

:

Multnomah County Legal Aid Service

3 310 S.W. 4th Avenue #900

4 Portland, Oregon 97204 Telephone: (503) 224-4086

5

JULIE H. MCFARLANE OSB#80077

6 Juvenile Rights Project

Robvn A V M r

; ' 2325 E. Burnside Street

IliilllSIl II III III|||l||||||||| Illlllllliiiiiiiiiinn 1^11,11 ....,

Of Attorneys for Plaintiffs

ii Un

LAURENCE KRESSEL, COUNTY COUNSEL FOR MULTNOMAH COUNTY, OREGON

H J. Michael Doyle, OSB No. 80207

Assistant County Counsel

12 1120 S.W. Fifth Avenue, Suite 1530

P. O. Box 849

13 Portland, Oregon 97207-0849

Telephone: (503) 248-3138

14

Of Attorneys for Defendants
XJ

16

IN THE UNITED STATES DISTRICT COURT

17

FOR THE DISTRICT OF OREGON

18

ROBYN A., et aL,

)

19

)

Plaintiffs,

) Civil No. 90-1151-FR

20

^

>

1 /

2 1 GLADYS MCCOY, et aL,

22

«*"..

)) CONr /EN*T^/DECREE

J)

"' ^

Defendants.

)

23

24

The parties to this class action challenging the constitutionality of the conditions and

2 5 practices at the Donald E. Long Home have agreed to a judgment which resolves all issues

26 Page 1 - CONSENT DECREE

L E G A L A I D S : J . CE 310 S.W. F o u r t n A . - - - a o o r n
P o r t l a n d . O-« 10 T « ( « p t i o n t 1^03 : • •>

900

1 without trial. Therefore, it is ORDERED, ADJUDGED, and DECREED:

2

I.

3

JURISDICTION

4

This court has jurisdiction of the subject matter of this action and of all parties. The

5

court has the authority to grant all relief included in this final judgment.

6

n.

7
PARTIES 8

This judgment shall be binding on all defendants, their officers, employees, agents,

1 0 successors, and all persons acting in concert with them. It shall apply to all children who 21 were at any time since November 9, 1990, or may be, confined at the Donald E. Long

12 Home (DELH).

13

HI.

14

PURPOSE

***

All parties to this litigation sincerely desire that children for whom there is no less

restrictive placement than secure custody be confined under safe, sanitary and humane
17 conditions, be provided treatment appropriate to their individual needs, and be confined
18 for as short a period as is necessary to achieve the objectives of secure custody.
19 During the pendency of this action, defendants have made many positive changes in
20
the physical conditions and programs at the DEUL For example, defendants have

22 conducted extensive repairs to the bathrooms, have increased the opportunity for youth to

23 participate in outdoor exercise, added staff to improve programming, instituted fire drills,

24 and increased hours that medical staff is on-site.

25

Defendants have already begun to implement many of the items covered in this

26 Page 2 * CONSENT DECREE

LEGAL AID SE R VICE 310 S.W. Fourth Av«no«. Room 900
Portland. Oftgon 97204 Tattt>hoo< (503I 224-4094

1 Decree and have begun planning the implementation of others. It is the intention, of the 2 parties that this judgment serve as a vehicle to enforce the positive course set by defendants 3 and ensure that there arc future improvements in the conditions of confinement of the

children covered by it

•
5

IV.

6

CLOSURE OF THE DONALD E. LONG HOME

7 There have been numerous reports and studies by citizens and experts about the
8

condition of the Donald E. Long Home. Among these documents are:

i1nU

1983-1991 1988

Annual Reports of Special Corrections Grand Jury Internal Audit

JJ

1988

Report to Management

1988

Facilities Requirement Study

12

1989

Five Year Space Study

1989

Architect's Conceptual Design and Preliminary Report

13

1990

Codes and Statutes Evaluation Report

1991

Report of the Children and Youth Work Group

14

1991

Report of the Children's Justice Task Force

1991

Program Review of the Detention Facility and Practice

"

of the Multnomah County Juvenile Justice Division

All of these reports are critical of the conditions and programming in the DELH,
17 and many recommend that the facility be replaced. Defendants have agreed the facility
18 needs to be replaced and have begun the process of replacing it The parties agree that the
19 DELH should be closed promptly, and the defendants agree to open a replacement facility
20
by October 31, 1993. Therefore:

22

1. Defendants shall not confine any child at the DELH after October 31, 1993,

23 except in the event of exigent circumstances relating to the financing or construction of 24 the new facility. Use of the DELH after October 31,1993 shall not be a basis for plaintiffs

25 to seek contempt sanctions, so long as the monitor (provided for in paragraph 54, below)
26
P a g e 3 - CONSENT DECREE
LEGAL AID SERVICE 310 S.W. Fourth Av«r,u«. Room 900
Portland. Oregon 97204 T«l»phon« (5O3i J3

1 is satisfied that defendants have used, and continue to use, their best efforts to complete

2 the facility within a reasonable time.

3

2. Defendants shall confine no more than 92 children at the DELH. However,

4

it shall not be a basis for plaintiffs to seek contempt sanctions if the number of children

5

exceeds 92 on fewer than four days in any calendar month. In no event shall defendants
6

confine more than 97 children in the facility.

7

V.

8

CONDITIONS AND PROGRAMS

9

AT THE DONALD E. LONG HOME UNTIL CLOSURE

10

jj

1. Defendants shall immediately establish an emergency evacuation plan for the

12 DELH.

13

2. Defendants shall maintain and keep current a fire evacuation plan approved

14 by the City of Portland Fire Marshal and shall make any and all changes to the plan

*5 recommended by the City of Portland Fire Marshal.

3. Defendants shall require that only staff who have been trained and have
17 demonstrated familiarity with the plan be permitted to work in the DELH.
18 4. Defendants shall require that all children receive instruction on emergency
19 evacuation procedures on admission to a detention unit
20
5. Defendants shall require that fire drills, as specified by the emergency

o» evacuation plan, be held at least once per week.

23 ° £ "&>. Defendants shall, by May 1, 1992, install electronic locking hardware on all 24 doors to sleeping, holding, and isolation cells, and all interior corridors and exterior exits.

25 All the locks shall have manual override capabilities and shall be operable remotely from
26
Pagc 4 - CONSENT DECREE
LEGAL AID SERVICE 310 S.W. Fourth A v i n u i Room 900
PortlenO. Or«qon 9?20<S Telephone (503I 224-4094

1 the main control center, as well as from the unit

2

7. In wings without water and toilets in detention rooms, defendants shall

increase staff levels so that, after an initial three hour lock time at bed time, the detention
4 room doors will be unlocked to allow access to toilets and water. During the day, the doors
5 to the detention rooms will remain unlocked unless a child is on roomlock.
6
8. Defendants shall require that there be at least one staff person on a unit at 7
any time there is a child or children on the unit Children are never to be left on the unit

without staff supervision.

,n U

perfJorm9e.•d Cat

Defendants shall ensure least once per quarter.

that

fire

and

safety

inspections

of

the

facility

are

12 \ 10. Defendants shall implement all recommendations from the fire and safety

13 inspections within the time required by the inspector.

*4

11. Defendants shall provide lighting adequate to permit children to read while

*^ in the detention rooms.

12. Where circumstances require that maintenance or repair be conducted in
17 order to ensure the safety of the children, e.g^ loose and broken tiles or glass, defendants
18 shall require that maintenance or repair be conducted within 24 hours, and no children shall
19 remain in the room or area in which the unsafe condition exists.
20
13. Defendants shall require that the DELH be kept clean and sanitary through

22 employment of, or contract with, professional janitorial services.

23

14. Defendants shall require that bathrooms, kitchens, and all floors, including

24 floors in the detention rooms, be thoroughly cleaned and disinfected by the janitorial service

25 three times per week. Walls and other surfaces in the detention rooms and common areas 26

Page 5 - CONSENT DECREE

L E G A L A I D SE o v i C E 3 1 0 S.W. Fourth Av«no« Room
Portland O ' t q o " 9'2O"» TtltQhom (5Q3i ?:* 4094

900

1 shall be thoroughly cleaned and disinfected by the janitorial services once per month or 2 more often if needed

15. Defendants shall ensure that an inspection by a health and sanitation official 4
be conducted once per month until and unless the monitor agrees to a reduced inspection
schedule.
6
16. Defendants shall implement all recommendations from the health and safety 7
inspections within the time required by the inspector.
o
17. Defendants shall require that, upon admission, children's dirty street clothing

.Q will be laundered and stored. Items which require dry cleaning or other specialized

21 cleaning need not be cleaned by defendants but will be stored separately.

12

18. Defendants shall require that upon admission all children will be provided

13 clean clothing, bed linens and towels, and a mattress which has been cleaned and

14 disinfected since its last use.

"

19. Defendants shall require that children be allowed to exchange outer clothing

at least twice a week and more frequently if the clothing has become dirty. Children shall
17 receive clean underwear and socks every day.
18 20. Defendants shall require that all children be provided clothing that fits
19
comfortably and is in good repair. All children shall be provided pajamas or nightgowns.

21. Defendants shall require that upon admission each child be provided the

22 following individual toiletries: soap, deodorant, comb, toothbrush, toothpaste. Individual

23 portions of petroleum jelly shall be provided on request On request, defendants shall

24 provide children with sanitary means to shave.

25

22. Defendants shall require that temperatures in the DELH be maintained

26 6 - CONSENT DECREE

LEGAL AID Si J /'CE
310 S.W, P o u a P -i.«~ • •*OOTI
Portl»nO. O - * JO- • T 0 4 Tlltphont I'.OJ /.4J094

1 within a healthful and comfortable range, no lower than 64 degrees Fahrenheit and no 2 higher than 84 degrees Fahrenheit at all times.

23. Defendants shall monitor the temperature in the DELH at places and times
4 to be agreed on with plaintiffs' counsel and shall notify plaintiffs' counsel, guardian ad litem,
5 and the monitor at any time the temperatures fall outside the range. No child shall be
6
required to remain for longer than eight hours in a portion of the facility that is not within 7
the acceptable range of temperature. 8
24. Defendants shall require that any and all broken or cracked windows be

1 0 repaired immediately and in no event shall children be required to sleep in rooms with

21 broken windows.

12

25. Defendants shall maintain a healthful level of circulating fresh air in the

13 facility at all times.

14

26. Defendants shall provide all children with a bed off the floor.

15

27. Defendants shall permit all children to personalize their living space including

decorating the walls of the detention rooms.
17
28. Defendants shall use their best efforts to ensure that when making placement 18
decisions, preference is given to housing children in wings with toilets and water in the 19
detention rooms. 20
29. In order to provide children with sufficient quantities of healthy and

22 appetizing foods at frequent intervals, defendants shall contract with a qualified person

23 jointly selected by plaintiffs and defendants to review and report, on the current food

24 service. Defendants shall implement the recommendations of the report as soon as 25 practicable.
26 P a g e 7 - CONSENT DECREE
LEGAL AID SERVICE 310 S.W. Fourth Av«nu«. Room 900
Portland. Or«gon 97204 T«l«phon. (5031 224-4094

1

30. Defendants shall provide second helpings of food at each meal to children

2 who request them.

31. Defendants shall provide children a mid-morning and mid-afternoon snack.
4 32. Defendants shall prohibit staff from eating non-institutional food at the facility
5 '. in the presence of the children.
6 33. Defendants shall post a copy of the menu and substitutions in each of the
7 residential units.
8
34. Defendants shall provide children special diets where medically indicated or

where requested for religious reasons.

...••-.

I j

35. Weather permitting, defendants shall provide all children with the opportunity

12 for at least one hour per day of outdoor recreation.

13

36. Defendants shall make their best efforts to ensure that appropriate

14 educational services in a classroom setting are provided to each child at the DELH on

*^ every school day.

37. Defendants shall provide medical and psychiatric care to each child at the

17

•-•

•

DELH, in accordance with the Standards for Health Services in Juvenile Confinement

18

Facilities promulgated by the National Commission on Correctional Health Care. Within

19 thirty (30) days from the entry of this Consent Decree, or by July 1992, whichever is later,
20

defendants shall request accreditation by the National Commission on Correctional Health

2« Care and will make any and all necessary changes in their policies and practices in order

23 to become and remain accredited.

24

38. Defendants shall provide that there is at least one qualified health

25 professional (physician, registered nurse, physicians assistant, nurse practitioner) on-site at

26

P a g e 8 - CONSENT DECREE

L E G A L A I D SE R V I C 6 3 1 0 S.W. Fourth A v t n u t . Rots'"" 9 0 0
Portland. O'igon T»l«oho"« (5031

1 the DELH 24 hours per day, with a physician on call. If needed, specialty medical and

2 dental care shall be provided with transport for out-of-facility services. The transports shall
•3
be recorded and monitored with reports filed quarterly. 4
39. Defendants shall provide that as of July 1, 1992 there is at least one full5
time psychiatric nurse-practitioner on-site at the DELH, supervised by Corrections Health 6
Department. 7
40. Defendants shall maintain a health record file on each child containing
o
completed admissions and intake screening forms, and other data, findings, forms and

1 0 information as required by applicable standards.

H

41. Defendants shall provide a system of daily sick call that causes each child in

12 the DELH to be verbally notified of the availability of non-emergency medical services.

13

42. Defendants shall convert existing space for use as a medical isolation room

14 within ninety (90) days of entry of the Consent Decree.

"

43. Defendants shall provide that children detoxifying from drugs or alcohol are

medically supervised
17 44. Defendants shall require that both admissions and intake health screening be
18 conducted by a qualified health trained staff, who shall request assistance from the health
19
professional on-site whenever necessary.

45. Health screening shall include:

22 23 24 25
Pagc

Inquiry into:

current illness and health problems, including venereal diseases and other infectious disease dental problems - mental health problems
use of alcohol and other drugs, which includes types of drugs
used, mode of use, amounts used, frequency used, date or time of last use, and a history of problems that may have occurred

9 - CONSENT DECREE

LEGAL AID SERVICE 3 1 0 S.W. Fourth A . l « u t Room 900
PorTi«nd. O ' t g o ^ 9?20d TallDhona (503) 2?i 4094

1

after ceasing use (e.g., convulsions)

past and present treatment or hospitalization for mental

2

disturbance or suicide

3

- other health problems designated by the responsible physician

4 5 ; 6 7

Observation of:
behavior, which includes state of consciousness, mental status, appearance, conduct, tremor, and sweating body deformities, ease of movement, etc - condition of skin, including trauma markings, bruises, lesions, jaundice, rashes and infestations, and needle marks or other , indications of drug abuse

8

46. Defendants shall use criteria for intake adopted by the Chief Judge of the

Q
Multnomah County Circuit Court, Juvenile Department, in determining whether to detain

a child
11
47. Defendants shall revise policies and practice on use of room time, roomlock 12
and isolation to provide for supervisory review of each instance of such discipline or 13
isolation and for an opportunity for a hearing before the supervisor or his or her designee 14

. - if the effect of the discipline or isolation is that the child misses any activity. Defendants

1 6 will document the reviews and hearings.

17

48. Defendants $Ha1l provide all staff with minimum mandatory training of 90

18 hours for the first year of employment and 20 hours per year thereafter for the first year

19 this decree is in effect For the second and any subsequent years this decree is in effect

2 0 defendants shall provide all staff with minimum mandatory training of 120 hours per year

21

for new staff and 40 hours per year for ongoing staff. Training shall be given in:

22

";

security procedures

23

- supervision of juveniles

signs of suicide risk

24

- suicide precautions

use of force regulations and tactics

25

- report writing

juvenile rules and regulations

P a g e 10 - CONSENT DECREE

LEGAL A I D SE "VICE 310 S.W. Fourth Av«n,,«. Room 900
rortl«"d O'««on 9'204 T»l»ohon« (S03> 224-4094

1

- rights and responsibilities of juveniles

fire and emergency procedures

2

- key control

interpersonal relations

social/cultural lifestyles of the juvenile population

.

- child growth and development

communication skills

5

first aid and CPR

6

49. Defendants shall ensure that there is at least the following staff coverage:

7

Boys I, II and HI: At least 2 group workers at all times and

one lead group worker for eight hours five days er week.

8

Girls: At least one group worker at all times and one lead

^

group worker for eight hours five days per week.

50. Defendants shall also employ 1 full time equivalent (FTE) deputy

superintendent for programming and 1 full time equivalent (FTE) "floater" for the
12 graveyard shift
13 51. Defendants shall use their best efforts to employ at least one child care
14
worker fluent in Spanish during each shift

16

Vl

17

THE NEW FAdLTTY

18

52. Defendants shall not confine children in the new facility until it has been

19 inspected and approved for occupation by state and local fire, health and safety officials

2 0 and until the consent decree monitor or monitors gives approval

21

vn.

22

MONITORING

23

53. This court will retain jurisdiction of this matter until defendants no longer

24 detain children in the current Donald E. Long Home.
25 54. Defendants shall establish and fund a consent decree monitor who shall be
26

Pagc 11 - CONSENT DECREE

LEGAL AID S£ OvCE 310 S.W. Fourth A*f*t "oom 900
Pctlina. O'»oo" 9'204 0

1 selected jointly by defendants and plaintiffs. However, if the parties cannot agree on a 2 single monitor after good faith attempts then defendants shall establish and fund a consent

decree monitoring panel consisting of one person selected by plaintiffs, one person selected 4
by defendants and one person selected by the other two panel members. The monitor or 5
monitors will be appointed by July 1, 1992, and will conduct on-site inspections of the 6
DELH at least two times per year, and will make a report of findings and 7
recommendations to the parties after each inspection.

55. Defendants shall provide plaintiffs' counsel, guardian-ad-litem and monitor

1 0 copies of the following documents, and other documents requested by the monitor, each U quarter:

12

-

Juveniles in Detention Forms

Exercise Logs

13

-

Receiving Ledger

Custody Logs

14

-

Temperature Logs

Fire Inspection Reports

15

-

Health and Safety Inspection Reports

16

-

Incident Reports

Suicide Reporting Forms

17

-

Director's Reports

Transport Logs referred to in t38

18

-

Daily Reports

Records of Supervisory Review and Hearings referred to in H47.

19

56. Defendants shall provide plaintiffs' counsel, experts, and guardian-ad-litem

access to the facility, children, and records, including medical records, at reasonable times

22 and on reasonable notice throughout the period covered by this Consent Decree.

23

57. Defendants shall post copies of this Consent Decree in each residential wing

24 and classroom in the DELH. 25 /////
26 12 - CONSENT DECREE

LEGAL AIO SERVICE 310 S.W. Fourth A««nu<, Room 900
Portland, Ottgon 972O4 T.l«ohon« (503) 224-«0S4

1

vm.

2

ATTORNEY FEES

3

The parties agree that plaintiffs arc the prevailing party and are entitled to attorney

4 fees and costs. The parties will attempt to reach a separate agreement on the issues. If

5

m

6 no agreement can be reached within 60 days, plaintifEs will, within 120 days, submit the

7 issue to the court

8

ENTERED this £3 day of Aj*-JL^

1992

9
10 APPROVED: 11

UNTIED STATES DISTRICT COURT AJDG

12 "ANpELA SHERBO OSB#82447
13 Multnomah County Legal Aid Service 310 S.W. Fourth Avenue #900
14 Portland, Oregon 97204
Telephone: (503) 224-4086 15

JULj^McFARLANE OStf#80077 Juvenile Rights Project 123 NE 3rd #310 Portland, Oregon 97232 Telephone: (503)232-2540

16
17 DAVID LAMBERT National Center for Youth Law
18 114 Sansome Street, Suite 900 San Francisco, California 94104
19 Telephone: (415) 543-3307

LESLEA SMITH OSB#85332 Oregon Legal Services 704 Main Street #301 Oregon City, Oregon 97045 Telephone: (503) 655-2518

20

Of Attorneys for Plaintiffs

21

DOYLE 05B#£o207 RH. LAZENBY dsB>82078 //^

t County Counsel

Assistant County Counsel

^

Box 849

P.O. Box 849

24 Portland, Oregon 97207-0849

Portland, Oregon 97207-0849

Telephone: (503) 248-3138

Telephone: (503) 248-3138

25

Page

Of Attorneys for Defendants 13 - CONSENT DECREE

LEGAL AID SERVICE 310 S.W. Fourth Av«nu«, Room 900
Portland, Ortjon 97204 T«l«Jhor» (503I 2

 
 District of Oregon - Docket Report

Page 1 of 10

FRC, TERMINATED
U.S. District Court District of Oregon (Portland) CIVIL DOCKET FOR CASE #: 3:90-cv-01151-FR

A, et al v. Mc Coy, et al Assigned to: Judge Helen J. Frye Demand: $0 Cause: 42:1983 Civil Rights Act
Plaintiff
Robyn A

Date Filed: 11/09/1990 Jury Demand: Plaintiff Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question
represented by Angela Sherbo Multnomah County Legal Aid Service 310 SW Fourth Ave 900 Board of Trade Bldg Portland, OR 97204 224-4086 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Julie H McFarlane Juvenile Right Project 123 NE 3rd Suite 310 Portland, OR 97232 232-2540 LEAD ATTORNEY ATTORNEY TO BE NOTICED
David Lambert National Center For Youth Law 114 Sansome Street Suite 900 San Francisco, CA 94104-3820 415-543-3307
Leslea S Smith Oregon Legal Services Oregon City Regional Office 421 High Street Suite 110 Oregon City, OR 97045 503-655-2518 Fax: 655-2701 Email: leslea.smith@lasoregon.org
Louis D. Savage Harrang Long Gary Rudnick, PC

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Plaintiff Justin H

Page 2 of 10
1001 SW Fifth Avenue Suite 1650 Portland, OR 97204-1116 (503) 242-0000 Fax: (503) 241-1458 Email: lou.savage@harrang.com TERMINATED: 07/11/1991
Maureen H McKnight Legal Aid Service of Oregon Central Support Office 700 SW Taylor Suite 310 Portland, OR 97205 503-224-4094 Email: maureen.mcknight@lasoregon.org
Michelle (Micky) L. Ryan Oregon Law Center 921 S.W. Washington Street Suite 516 Portland, OR 97205 (503) 295-2760 Fax: (503) 295-0676 Email: mryanolc@yahoo.com
Richard C Baldwin Legal Aid Services of Oregon 700 SW Taylor Suite 300 Portland, OR 97205 503-224-4086 Fax: 295-9496
represented by Angela Sherbo (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
David Lambert (See above for address)
Julie H McFarlane (See above for address)
Leslea S Smith (See above for address)

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Plaintiff Rickie H
Plaintiff Susan F Mandiberg

Page 3 of 10
Louis D. Savage (See above for address) TERMINATED: 07/11/1991
Maureen H McKnight (See above for address)
Michelle (Micky) L. Ryan (See above for address)
Richard C Baldwin (See above for address)
represented by Angela Sherbo (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
David Lambert (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Julie H McFarlane (See above for address)
Leslea S Smith (See above for address)
Louis D. Savage (See above for address) TERMINATED: 07/11/1991
Maureen H McKnight (See above for address)
Michelle (Micky) L. Ryan (See above for address)
Richard C Baldwin (See above for address)
represented by Angela Sherbo (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
David Lambert

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V. Defendant Gladys McCoy Member of Multnomah County Board of Commissioners
Defendant Pauline Anderson Member of Multnomah County Board of Commissioner
Defendant

(See above for address)
Julie H McFarlane (See above for address)
Leslea S Smith (See above for address)
Louis D. Savage (See above for address) TERMINATED: 07/11/1991
Maureen H McKnight (See above for address)
Michelle (Micky) L. Ryan (See above for address)
Richard C Baldwin (See above for address)
represented by J Michael Doyle Office of Multnomah County Counsel 501 SE Hawthorne Blvd Suite 500 Portland, OR 97214 503-988-3138 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Henry H. Lazenby, Jr. Preston Gates & Ellis, LLP 222 SW Columbia Street Suite 1400 Portland, OR 97201-6632 (503) 228-3200
represented by J Michael Doyle (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Henry H. Lazenby, Jr. (See above for address)

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Page 5 of 10

Rick Bauman Member of Multnomah County Board of Commissioners
Defendant Sharron Kelley Member of Multnomah County Board of Commissioners
Defendant Harold Ogburn Director of Multnomah County Juvenile Department
Defendant Gary Hansen

represented by J Michael Doyle (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Henry H. Lazenby, Jr. (See above for address)
represented by J Michael Doyle (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Henry H. Lazenby, Jr. (See above for address)
represented by J Michael Doyle (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Henry H. Lazenby, Jr. (See above for address)

Date Filed 11/09/1990
11/09/1990
11/09/1990
11/09/1990 11/09/1990 11/09/1990

#

Docket Text

1 Application & ORD by plaintiff Robyn A to proceedin in forma pauperis-So approved. s/11/9/90 Magistrate William M. Dale, ntfd. (former employee) (Entered: 11/13/1990)

2 Application & ORD by plaintiff Justin H to proceed in forma pauperis-So approved. s/11/9/90 Magistrate William M. Dale, ntfd. (former employee) (Entered: 11/13/1990)

3 Application & ORD by plaintiff Rickie H to proceed in forma pauperisSo Approved. s/11-9-90 Magistrate William M. Dale, ntfd. (former employee) (Entered: 11/13/1990)

4 COMPLAINT-civil right-class action. (former employee) (Entered: 11/13/1990)

5 Summons issued as to defendant Rick Bauman (former employee) (Entered: 11/13/1990)

6 Summons issued as to defendant Pauline Anderson (former employee) (Entered: 11/13/1990)

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Page 6 of 10

11/09/1990 11/09/1990 11/09/1990 11/09/1990 11/09/1990 11/09/1990 11/09/1990 11/09/1990 11/09/1990
11/09/1990 11/09/1990 11/09/1990 11/09/1990 11/09/1990 11/09/1990 11/09/1990 11/13/1990 11/13/1990 11/13/1990

7 Summons issued as to defendant Gladys Mc Coy (former employee) (Entered: 11/13/1990)
8 Summons issued as to defendant Harold Ogburn (former employee) (Entered: 11/13/1990)
9 Summons issued as to defendant Sharron Kelley (former employee) (Entered: 11/13/1990)
10 Summons issued as to defendant Gretchen Kafoury (former employee) (Entered: 11/13/1990)
11 ORDER: discovery ddl set for 3/9/91; setting pretrial order ddl for 4/8/91 (former employee) (Entered: 11/13/1990)
12 MOTION by plaintiffs' to certify class action #12 o/a req. (former employee) (Entered: 11/13/1990)
13 Memorandum by plaintiffs' in support of motion to certify class action [12-1] (former employee) (Entered: 11/13/1990)
14 Affidavit of Angela Sherbo regarding motion to certify class action [121] (former employee) (Entered: 11/13/1990)
15 Affidavit of Susan Mandiberg regarding motion to certify class action [12-1] purusant to FRCP 23(a) & 23(b)(2). (former employee) (Entered: 11/13/1990)
16 MOTION by plaintiffs for limited admission of David Lambert #16 (former employee) (Entered: 11/13/1990)
17 Summons issued as to dft Sharron Kelley (former employee) (Entered: 11/13/1990)
18 Summons issued as to defendant Harold Ogburn (former employee) (Entered: 11/13/1990)
19 Summons issued as to defendant Gretchen Kafoury (former employee) (Entered: 11/13/1990)
20 Summons issued as to defendant Pauline Anderson (former employee) (Entered: 11/13/1990)
21 Summons issued as to defendant Gladys Mc Coy (former employee) (Entered: 11/13/1990)
22 Summons issued as to defendant Rick Bauman (former employee) (Entered: 11/13/1990)
23 Return of service executed upon defendant Gretchen Kafoury on 11/9/90 (former employee) (Entered: 11/13/1990)
24 Return of service executed upon defendant Harold Ogburn on 11/9/90 (former employee) (Entered: 11/13/1990)
25 Return of service executed upon defendant Rick Bauman on 11/9/90

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11/13/1990 11/13/1990 11/13/1990 11/13/1990 11/14/1990 11/16/1990 11/20/1990
11/23/1990 12/04/1990 12/06/1990 01/02/1991 01/02/1991 01/02/1991 01/11/1991 01/11/1991

(former employee) (Entered: 11/13/1990)
26 Return of service executed upon defendant Pauline Anderson on 11/9/90 (former employee) (Entered: 11/13/1990)
27 Return of service executed upon defendant Sharron Kelley on 11/9/90 (former employee) (Entered: 11/13/1990)
28 Return of service executed upon defendant Gladys Mc Coy on 11/9/90 (former employee) (Entered: 11/13/1990)
30 Return of service executed upon defendant Gladys Mc Coy on 11/9/90 (former employee) (Entered: 11/16/1990)
29 RECORD OF ORD: Case reassigned to Honorable Helen J. Frye for all furth proceedings , cnsl use FR after case #. ntfd Magistrate William M. Dale (former employee) (Entered: 11/15/1990)
31 Affid of service executed upon all dfts on by delivering to atty HH Lazenby at Mult Cty 11/9/90 (former employee) (Entered: 11/16/1990)
32 RECORD OF ORD: granting pltf's motion for limited admission of David Lambert [16-1]. Court will not set pltf's mot for class cert #12 til dfts answer. ntfd Honorable Helen J. Frye (former employee) (Entered: 11/21/1990)
33 MOTION by defendant to extend time to answer to 12/28/90 #33-1 , to extend time re pltfs' certif of class #33-2 , affid (former employee) (Entered: 11/26/1990)
34 RECORD OF ORD: granting motion to extend time to answer to 12/28/90 [33-1] and to extend time re pltfs' certif of class [33-2] ntfd Honorable Helen J. Frye (former employee) (Entered: 12/04/1990)
35 RECORD OF ORD: grant pltfs motion for limited admission of David Lambert [16-1] ntfd Honorable Helen J. Frye (former employee) (Entered: 12/06/1990)
36 MOTION by defendants' to stay # 36-1 , to dismiss or abstain #36-2 (former employee) (Entered: 01/02/1991)
37 Memorandum by defendant in support of motion to stay [36-1], of motion to dismiss or abstain [36-2] (former employee) (Entered: 01/02/1991)
38 Affidavit of H.H. Lazenby, Jr. regarding motion to stay # [36-1], regarding motion to dismiss or abstain [36-2] (former employee) (Entered: 01/02/1991)
39 RECORD OF ORD: SET dft's mot to stay [36-1] (noa), or in alt motion to dismiss or abstain [36-2] M/C 2/4/91 (noa) ntfd Honorable Helen J. Frye (former employee) (Entered: 01/11/1991)
40 MOTION by plaintiff for enlargement of time to respond to mot stay, dism, etc (#36) #40 , affid (former employee) (Entered: 01/14/1991)

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01/16/1991 01/18/1991 01/18/1991 01/25/1991 02/01/1991 02/11/1991 03/07/1991 03/08/1991 04/02/1991
04/26/1991 05/01/1991 05/13/1991 05/15/1991 06/10/1991 06/11/1991

41 RECORD OF ord granting pltf's motion for enlargement of time to respond to mot stay, dism, etc (#36) [40-1] until 1/18/91. ntfd Honorable Helen J. Frye (former employee) (Entered: 01/17/1991)
42 Memorandum in oppos by plaintiff to dfts'motion to stay [36-1], motion to dismiss or abstain [36-2] OA REQ (former employee) (Entered: 01/22/1991)
43 Affidavit of Denise Osborn regarding motion response [42-1] (former employee) (Entered: 01/22/1991)
44 RECORD OF ORD: resetting defts' motion to stay [36-1] & to dismiss or abstain [36-2] from 2/4/91 to M/C 2/11/91, 1:30. ntfd Honorable Helen J. Frye (former employee) (Entered: 01/25/1991)
45 Reply memo by defendant in support of motion to stay [36-1], or dismiss or abstain [36-2] (former employee) (Entered: 02/04/1991)
46 RECORD OF HRG on dfts' mot to stay or alt mot to dism #36-1 & 36-2. ORD deny dfts' mot to stay, etc #36-1 & 36-2. ntfd Honorable Helen J. Frye (former employee) (Entered: 02/12/1991)
47 Joint MOTION to enlarge the time for discovery #47 , affid (former employee) (Entered: 03/07/1991)
48 RECORD OF ORD: granting joint motion to enlarge the time for discovery [47-1] Discovery 7/9/91; PTO 8/9/91 , ntfd Honorable Helen J. Frye (former employee) (Entered: 03/11/1991)
49 ORDER grant pltfs motion to certify class action [12-1] Class defined as all children who were confined at Donald E. Long Home from 11/9/90, to date & all those who may be confined there in future. ntfd Signed 4/1/91 microfilmed & ent 4/2/91 Honorable Helen J. Frye (former employee) (Entered: 04/02/1991)
50 JOINT MOTION by parties for protective order #50 (former employee) (Entered: 04/26/1991)
51 RECORD OF ORD: grant joint motion for protective order [50-1] ntfd Honorable Helen J. Frye (former employee) (Entered: 05/02/1991)
52 MOTION by plaintiff for order allowing substitution of party (Gary Hansen for Gretchen Kafoury as dft) #52 , affid (former employee) (Entered: 05/14/1991)
53 RECORD OF ORD: granting pltf's motion for order allowing substitution of party (Gary Hansen for Gretchen Kafoury as dft) [52-1] ntfd Honorable Helen J. Frye (former employee) (Entered: 05/15/1991)
54 Joint MOTION by pltf to enlarge the time for discovery #54 (former employee) (Entered: 06/11/1991)
55 RECORD OF ORD: grant joint motion to enlarge the time for discovery to 10/7/91 and to enlarge time for dfts to resp to pltfs' lst set of itnerrogs & pltfs' lst req for admission to 6/18/91. ORD PTO 11/7/91/court's own

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07/11/1991 11/04/1991 11/08/1991 12/23/1991 12/30/1991 02/04/1992 02/20/1992
04/23/1992
05/04/1994 05/05/1994 03/15/1995

motion , ntfd Honorable Helen J. Frye (former employee) (Entered: 06/12/1991)
56 Notice Substitution of counsel: RICHARD C BALDWIN for pltfs in substitution for LOUIS D SAVAGE (former employee) (Entered: 07/11/1991)
57 MOTION by defendant Gladys Mc Coy to extend time for filing of pretrial order [57-1] (cpriestley) (Entered: 11/05/1991)
58 RECORD OF ORD: granting motion to extend time for filing of pretrial order [57-1] PTO 12/15/91 , ntfd Honorable Helen J. Frye (former employee) (Entered: 11/13/1991)
LODGED: Pretrial Order (former employee) (Entered: 12/24/1991)
59 RECORD OF ORDER: Setting TELEPHONE Status Conf. for Mon., 1/13/92, 8:30AM for the setting of a trial date. ntfd Honorable Helen J. Frye (former employee) (Entered: 12/31/1991)
60 RECORD OF ORDER: Setting a Telephone Status Conf. Call, Thurs., 2/20/92 at 8:30AM before Judge Helen J. Frye ntfd Honorable Helen J. Frye (former employee) (Entered: 02/04/1992)
61 RECORD OF TELEPHONE STATUS CONF.: ORDER: Setting case for Trial 6/16/92 at 9:00AM before Judge Helen J. Frye (3 wks) ORDER: Setting P/T Conf., Mon., 6/8/92, at 10:30AM before Judge Helen J. Frye/ ntfd Honorable Helen J. Frye Court Rptr D. Grube (former employee) (Entered: 02/21/1992)
62 CONSENT JUDGMENT The Ptys. to this class action challenging the constitutionality of the conditions & practices at the Donald E. Long Home have agreed to a Jgm. which resolves all issues w/o trial. IT IS ORDERED, ADJUDGED & DECREED. The Ptys agree that Pltfs. are the prevailing pty. & are entitled to Atty. fees & costs. The Ptys will attempt to reach a separate agreement on the issues. If no agreement can be reached w/in 60 days, Pltfs. will w/in 120 days, submit the issue to the Ct. (See file for full 13 pg. Consent Decree) ntfd Signed 4/23/92 microfilmed 4/24/92 Honorable Helen J. Frye (former employee) (Entered: 04/24/1992)
63 STIPULATED MOTION by Parties TO DISMISS ACTION (former employee) (Entered: 05/04/1994)
64 ORDER OF DISMISSAL by Honorable Helen J. Frye GRANTING MOTION TO DISMISS ACTION [63-1] as the termcs of the Consent Decree has been fulfilled. Case is DISMISSED. Signed 5/4/94 (counsel notified) (former employee) (Entered: 05/05/1994)
CASE FILE SENT TO THE FRC Accession number 21-95-0061 Location number X3685 Box 65 of 190 (former employee) (Entered: 07/27/1995)

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