Doe v. Minidoka Co.

1 JOSEPH STANZAK 1025 Shoshone Street N.
2 Twin Falls, Idaho 83301 (208) 734-5689

JI-ID-002-001

3
JAMES BELL

4 CAROLE SHAUFFER MARK I. SOLER

5

YOUTH LAW CENTER 1663 Mission Street, 5th Floor

6

San Francisco, CA 94103 (415) 543-3379

7
IN THE UNITED STATES DISTRICT COURT

8 FOR THE DISTRICT OF IDAHO

9 JOHN DOE, a minor, by and through

10

JANE DOE, his Next Friend, on behalf of himself and all others

11 similarly situated,

12

Plaintiffs,

CIV. NO. 87-1356

13

v.

14 MINIDOKA COUNTY, IDAHO; RAY JARVIS, in his official capacity

15 as Sheriff of Minidoka County, Idaho; NORMAN SEIBOLD, LYLE BARTON,

16 CLARENCE BELLEM, in their official capacities as County

17 Commissioners of Minidoka County, Idaho, CASSIA COUNTY, IDAHO;

18 BILLY CRYSTAL, in his official capacity as Sheriff of Cassia

19 County, Idaho; WELDON BECK, NORMAN DAILEY, and JOHN ADAMS, in their

20

official capacities as County Commissioners of Cassia County,

21 Idaho,

22

Defendants.

AMENDED CIVIL RIGHTS COMPLAINT FOR DECLARATORY, INJUNCTIVE, AND OTHER EQUITABLE AND RELIEF
(CLASS ACTION)

23

24

INTRODUCTORY STATEMENT

25

1. This is a civil rights class action challenging

26 conditions of confinement for juveniles at the Minidoka County

T "

Jail, in Rupert, Idaho, and the policies and practices of 2 defendants of confining juveniles in that Jail. This suit also 2 challenges the conditions of confinement for juveniles at the 4 Cassia County Jail, in Burley, Idaho and the policies and r practices of defendants of confining juveniles in that Jail. / j Plaintiff John Doe, through Jane Doe, his guardian and Next
Friend, brings this action for declaratory, injunctive, and other eguitable relief on behalf of himself and all other juveniles similarly situated who are, have been, or will in the future be confined in the Minidoka County and Cassia County Jails and -,-, subjected by defendants to cruel, unconscionable, and illegal , 2 conditions of confinement in the Jails; to illegal incarceration in the Jails without adequate separation from confined adult offenders.
2. Plaintiff brings this action under the federal Civil Rights Act, 42 U.S.C. Section 1983, to redress the violations by defendants, acting under color of state law, of the .„ rights guaranteed to plaintiffs under the Fourteenth Amendment to the United States Constitution, and of plaintiffs' statutory „.. rights under the Juvenile Justice and Delinquency Prevention Act of 1974, as amended, 42 U.S.C. Sections 5601 et seq. ["Juvenile Justice Act"], as more particularly set forth in this Complaint. Plaintiff also brings this action under applicable Idaho constitutional provisions and statutes.
25 26

JURISDICTION

2

3. This Court has jurisdiction of this action under

3 28 U.S.C. Section 1343(3), this being an action to redress the

4 deprivation, under color of state law, of rights secured by the

Constitution of the United States and the Juvenile Justice Act,

42 U.S.C. Sections 5601 et sea.

4. This Court also has jurisdiction of this action

under 28 U.S.C. Section 1343(4), this being an action to recover

o damages and to secure declaratory, injunctive, and other

20 equitable relief under Acts of Congress providing for the

protection of civil rights, specifically the Civil Rights Act, 42

U.S.C. Section 1983, and the Juvenile Justice Act.

5. This Court also has jurisdiction of this action

under 28 U.S.C. Section I331(a), this being an action in which

the matter in controversy arises under the Constitution and laws

of the United States.

6. This Court has jurisdiction to issue declaratory

relief under 28 U.S.C. Sections 2201 and 2202, and Rules 57 and

65 of the Federal Rules of Civil Procedure.

7. This Court has pendant jurisdiction of plaintiff's

state law claims which permits federal courts to determine state

„„ law claims which form separate but parallel grounds for relief

sought in substantial claims based on federal law.

24

PLAINTIFFS

«c

8. Plaintiff John Doe is sixteen years old and a

26 citizen of the United States. At all relevant times, he has

resided in Minidoka County, Idaho. During the month of November, 2 he was taken into custody and incarcerated by defendants in the o Minidoka County Jail awaiting an adjudication hearing. During 4 his pre-adjudication detention plaintiff was temporarily moved to c the Cassia County Jail because the Minidoka County Jail was , overcrowded with adult inmates. He is currently under the
Court's jurisdiction. He sues through his guardian and next friend Jane Doe.
DEFENDANTS 9. Defendants MINIDOKA COUNTY, IDAHO, and CASSIA . COUNTY, IDAHO, are local units of government in the state of Idaho. The practices, acts and omissions complained of herein .„ are official policies and practices of defendant MINIDOKA COUNTY, IDAHO and CASSIA COUNTY, IDAHO. 10. Defendants NORM SEIVOLT, LYLE BARTON and CLARENCE w BELLEM are the County Commissioners of Minidoka County, Idaho. Similarly, defendants WELDON BECK, NORMAN DAILEY, and JOHN ADAMS ._ are the County Commissioners of Cassia County, Idaho. As such, ,o said defendants are responsible under Idaho Code Section 20-612 for appropriating such sums of money as will provide for the -.. maintenance and operation of the Minidoka County Jail and the Cassia County Jail respectively. In addition, under Idaho Code _ Section 20-622, they are responsible for the inspection of the county jail every three months, and are required to investigate _„. the treatment, security and condition of persons detained in the -. Jail, as well as take all necessary precautions against escape,
T '

1 sickness or infection at the Jail. These defendants are sued in

2 their official capacities.

3

11. Defendant, Ray Jarvis is the Sheriff of Minidoka

4 County, Idaho. Similarly, Billy Crystal is the Sheriff of Cassia

r County, Idaho. As such, said defendants are responsible under

Idaho Code Sections 31-2202(6) and 20-601 for the safety and

welfare of all persons confined in the Minidoka County Jail and

Cassia County Jail. Said defendants are sued in their official

capacities.

All policies, practices and omissions complained of in

,, this action are the official practices, customs and usages of

defendants.

CLASS ACTION

•,,

12. Plaintiff John Doe brings this action on behalf of

., himself and all others similarly situated, pursuant to Rule

w 23(a), and (b)(2) of the Federal Rules of Civil Procedure. The

class consists of all juveniles who are currently, have been, or

in the future will be confined in the Minidoka County Jail or the

,n Cassia County Jail.

13. The members of the class are so numerous that

joinder of all members is impracticable. In addition, there are

__ questions of law and fact common to the members of the plaintiff

class regarding practices of the defendants, and the claims of

the named plaintiffs are typical of the claims of the members of

«c the plaintiff class. Named plaintiff and his counsel will fairly

and adequately protect the interests of the members of the class.

14. By their policies, the defendants have acted and

2 continue to act on grounds and in a manner generally applicable

3 to the class, thereby making appropriate final injunctive relief

4 or corresponding declaratory relief with respect to the class as

c a whole.

15. The injuries suffered by the named plaintiff and

7 the members of the plaintiff class as a result of the policies

o and practices of defendants are capable of repetition, yet may

evade review, thereby making class relief appropriate.

1Q

FACTUAL ALLEGATIONS

1,

A. Allegations re: Minidoka County Jail

._

16. The Minidoka County Jail is a secure facility

,„ located in Rupert, Idaho.

14

17. Defendants confine juveniles and adults in the

,r Minidoka County Jail. Juveniles are often confined in the Jail

,, for several days at a time.

18. Juveniles have extensive contact with adult

inmates in the Jail,
lo
19. Juveniles are confined in three holding cells

__ which are located in the section of Jail where adults are

_ confined. Juveniles confined in these cells can hear the voices

„_ of adult prisoners and can converse in loud tones with them.

_„ When the doors to the cells are open, juveniles can see adults.

Moreover, adults often have direct contact with the juveniles.

«c

20. Adult inmates (trustees) serve juveniles meals in

2/ their cells and take and clean the bed linens and clothes

utilized by the juveniles. These activities are unsupervised by

2 Jail staff.

3

21. Juveniles in the Minidoka County Jail have no

4 privacy. They must shower and use the toilet in front of each

5 other and in front of staff or trustees.

22. Juveniles in the Minidoka County Jail are not

7 adequately supervised or monitored. It is a regular policy and

8 practice to leave juveniles for long periods of time without any

9 staff supervision or monitoring.

20

23. Defendants further do not have any visual

22 monitoring system for juveniles at the Jail.

22

24. Defendants have not implemented or promulgated

23 rules and regulations for the proper handling and treatment of

24 children who are detained in the J a i l .

25. Defendants do not employ Jail personnel who are

trained in identifying and responding to problems of juveniles.

Defendants' failure to employ adequately trained staff results in

lack of attention to problems of plaintiffs during their

confinement, lack of appropriate assessment of plaintiffs'

on physical and emotional needs, and lack of programming for

„, plaintiffs during their confinement. Such failure subjects

plaintiffs to serious danger at the hands of institutional

personnel, other inmates, and themselves.

24

26. Defendants do not hire qualified personnel who can

«c respond to and provide for the needs of plaintiffs in the Jail.

27. Defendants do not adequately supervise Jail

7

1 personnel who are responsible for plaintiffs in the Jail.

2

28. Defendants do not adequately train staff in the

3 cassia County Jail to deal with juveniles or to counsel them.

4

29. Defendants have failed to develop and implement a

classification system for juveniles. As a result, juveniles

charged with serious or violent offenses or juveniles who have

serious criminal histories are housed with juveniles who have

less serious offenses.

30. Defendants fail to provide adequate medical or

10 psychological screening or examination for plaintiffs when

plaintiffs are taken into custody. Defendants fail to provide

22 regular medical or mental health services to p l a i n t i f f s .

13 Medically untrained Jailers (jail personnel) dispense medication

14 to children at the jail.

ic

31. The Minidoka County juvenile section is often

overcrowded and very filthy. Consequently, many juveniles suffer

17 forced idleness in small confined dirty spaces.

,0

32. Defendants do not provide juveniles with any

,0 education program in the Minidoka County jail.

2Q

33. Defendants do not provide juveniles with any

«, indoor or outdoor recreation in the Minidoka County J a i l .

34. Defendants fail to provide plaintiffs with any

programming or activities during their periods of confinement.

24

35. Defendants do not provide juveniles with books or

access to a library while confined in the Jail. 36. As a result of defendants7 policies, practices,

8

acts, and omissions, as described herein, plaintiffs' confinement

by defendants in the Minidoka County Jail is cruel, harsh,

punitive, and oppressive.

4

B. Allegations re; Cassia County Jail

r

37. The Cassia County Jail is a secure facility

located in Burley, Idaho.

38. Defendants confine juveniles and adults in the

Cassia County Jail. Juveniles are often confined in the Jail for

several days at a time.

2Q

39. Juveniles have extensive contact with adult

,, inmates in the Jail.

,2

40. Juveniles are confined in three holding cells

10 which are located in the section of Jail where adults are confined. Juveniles confined in these cells can hear the voices

of adult prisoners and can converse in loud tones with them.

w j When the doors to the cells are open, juveniles can see adults.

Moreover, adults often have direct contact with the juveniles.

41. Adult inmates (trustees) serve juveniles meals in

their cells and take and clean the bed linens and clothes

2Q utilized by the juveniles. These activities are unsupervised by - Jail staff subjecting plaintiffs to great harm.

42. Juveniles in the Cassia County Jail have no

„ privacy. They must shower and use the toilet in front of each

other and in front of staff or trustees.

„,.

43. Juveniles in the Cassia County Jail are not

„£ adequately supervised or monitored. It is a regular policy and

practice to leave juveniles for long periods of time without any

2 staff supervision or monitoring.

3

44. Defendants further do not have any visual

monitoring system for juveniles at the Jail.

c

45. Defendants have not implemented or promulgated

/ rules and regulations for the proper handling and treatment of

children who are detained in the Jail.

46. Defendants do not employ Jail personnel who are

trained in identifying and responding to problems of juveniles.

Defendants' failure to employ adequately trained staff results in

1-, lack of attention to problems of plaintiffs during their

,„ confinement, lack of appropriate assessment of plaintiffs'

,~ physical and emotional needs, and lack of programming for

plaintiffs during their confinement. Such failure subjects

ic plaintiffs to serious danger at the hands of institutional

personnel, other inmates, and themselves.

47. Defendants do not hire qualified personnel who can

respond to and provide for the needs of plaintiffs in the Jail.

48. Defendants do not adequately supervise Jail

personnel who are responsible for plaintiffs in the Jail.

«,

49. Defendants do not adequately train staff in the

„„ Cassia County Jail to deal with juveniles or to counsel them.

„-

50. Defendants have failed to develop and implement a

24 classification system for juveniles. As a result, juveniles

„,- charged with serious or violent offenses or juveniles who have

rs, serious criminal histories are housed with juveniles who have

10

1 less serious offenses.

2

51. Defendants fail to provide adequate medical or

psychological screening or examination for plaintiffs when

plaintiffs are taken into custody. Defendants fail to provide

regular medical or mental health services to plaintiffs.

Medically untrained jailers (jail personnel) dispense medication

7 to children at the Jail.

8

52. The Cassia County juvenile section is often

9 overcrowded. Consequently, many juveniles suffer forced idleness

10 in small confined spaces.

11

53. Defendants do not provide juveniles with any

12 education program in the Cassia County Jail.

13

54. Defendants do not provide juveniles with any

14 indoor or outdoor recreation in the Cassia County Jail.

15

55. Defendants fail to provide plaintiffs with any

16 programming or activities during their periods of confinement.

17

56. Defendants do not provide juveniles with books or

18 access to a library while confined in the Jail.

19

57. As a result of defendants' policies, practices,

20 acts, and omissions, as described herein, plaintiffs' confinement

21 by defendants in the Cassia County Jail is cruel, harsh,

22 punitive, and oppressive.

23

C. Juvenile Justice Act

24

58. Section 223(13) of the Juvenile Justice Act, 42

25 U.S.C. Section 5633(13), provides that, in order to receive

26 funding under the Act, a state must comply with the requirement

11

that juveniles alleged or found to be delinquent shall not be 2 detained or confined in any institution in which they have o regular contact with adult persons who are incarcerated because 4 they have been convicted of a crime or are awaiting trial on c criminal charges. The State of Idaho receives funds under this

6 Act-

7 |

59. Defendants regularly confine and detain juveniles

n alleged or found to be delinquents, in the Minidoka County and

Cassia County Jails, where they have regular contact with adult

persons who are incarcerated because they have been convicted of

a crime or are awaiting trial on criminal charges.

60. Idaho Code Sections 20-602 and 20-603 provide that

each Jail must provide separate and distinct housing for four 14 categories of inmates: (1) persons committed on criminal process . and detained for trial; (2) persons convicted of crime and held

.. under sentence; (3) persons detained as witnesses or held under

civil process, or under an order imposing punishment for

contempt; and (4) males and females,
lo

.»

61. The defendants regularly confine and detain

juveniles in the Minidoka County Jail and the Cassia County Jail

in violation of the requirement of Idaho Code Section 20-602, in

that juveniles are not segregated on the basis of their

commitment status during their incarceration in the Jails, so

24 that juveniles awaiting trial are incarcerated with juveniles »c serving sentences.

62. Idaho Code Section 16-1812A states that detention

12

1 facilities must be constructed and maintained so as to keep
2 children segregated from adult offenders, or those being treated
3 as adult offenders, such that there be no sight and/or sound
4 contact between the two classes.
63. The defendants regularly confine and detain
juveniles in the Minidoka County Jail and the Cassia County Jail
in violation of the requirement of Idaho Section 16-1812A.
Juveniles have been similarly confined and detained at the
Minidoka County Jail and the Cassia County Jail in the past, and
will continue to be so confined and detained in the future unless
21 plaintiffs are granted the relief requested.
D. Necessity for Injunctive Relief: No Adequate Remedy at Law
13 64. Defendants regularly subject plaintiffs to the
14
cruel, unconscionable, and illegal conditions of confinement
described above. Defendants have similarly confined and detained
juveniles in the Minidoka County Jail and Cassia County Jail
under such conditions in previous years, and defendants will 18
continue to confine juveniles under such conditions in the future 19
unless plaintiffs are granted the relief requested herein. 20
65. As a proximate result of the policies, practices, 21
acts, and omissions of defendants complained of herein, 22
plaintiffs have suffered and continue to suffer serious and 23
irreparable physical, psychological, and emotional injuries. 24
Plaintiffs have no plain, adequate, or complete remedy at law to 25
redress the wrongs described herein. Plaintiffs will continue to 26
be irreparably injured by the policies, practices, acts, and 13

1 omissions of the defendants unless this Court grants the

2 injunctive relief which plaintiffs seek.

3

LEGAL CLAIMS

4

66. For plaintiffs' claims, each enumerated below,

they reallege paragraphs 1 through 65 above, as if fully set

forth herein, in each and every statement of claim, and further

7 allege:

3

FIRST CLAIM

67. Defendants' policies, practices, acts, and

omissions complained of herein, and specifically defendants

subjection of plaintiffs to the cruel, unconscionable, and

illegal conditions of confinement in the Minidoka County Jail and

the Cassia County Jail deprive plaintiffs of due process of law,

24 in violation of the Fourth, Eighth, and Fourteenth Amendments to

ir the United States Constitution and of the Idaho Constitution;

w violate plaintiffs' rights to freedom of association guaranteed

by the First and Fourteenth Amendments to the United States

Constitution and the Idaho Constitution; violate plaintiffs'

,n right to privacy, guaranteed by the First, Fourth, Fifth, Ninth,

and Fourteenth Amendments to the United States Constitution;

„. violate plaintiffs' rights under 42 U.S.C. 1983; and violate

_„ plaintiffs' rights under the Idaho statutory sections cited

„- herein.

24

SECOND CLAIM

~c

68. Defendants' policies, practices, acts, and

omissions complained of herein, and specifically defendants'

14

detention and confinement of juveniles in the Minidoka County

2 Jail and the Cassia County Jail without adequate separation from

3 adult offenders, violate plaintiffs' rights under the Juvenile

4 Justice Act, 42 U.S.C. Section 5633(13); subject plaintiffs to c denial of due process of law, in violation of the Fourteenth

Amendment to the United States Constitution and the Idaho

Constitution; and violate plaintiffs' rights under the Idaho

statutory sections cited herein.

9

PRAYER FOR RELIEF

10

WHEREFORE, plaintiff prays that this Court:

A. Assume jurisdiction of this action;

12

B. Permit this action to proceed in forma pauperis;

C. Permit plaintiff to proceed in pseudonym;

14

D. Issue an order certifying this action to proceed as a

15 class action pursuant to Rule 23(a), and (b)(2) of the Federal

Rules of Civil Procedure;

17

E. Issue a declaratory judgment pursuant to 28 U.S.C

Sections 2201 and 2202, and Rule 57 of the Federal Rules of Civil

Procedure, that the policies, practices, acts, and omissions

complained of herein:

(1) violate plaintiffs' rights under the Juvenile

Justice Act, 42 U.S.C. Sections 5601 et seq.;

«~

(2) subject plaintiffs to denial of due process of law,

guaranteed by the Fourteenth Amendment to the United States

Constitution;

(3) violate plaintiffs' right to freedom of

15

1 association guaranteed by the First and Fourteenth Amendments to

2 the United States Constitution and the Idaho Constitution;

3

(4) violate plaintiffs' right to privacy, guaranteed

4 by the First, Fourth, Fifth, Ninth, and Fourteenth Amendments to

the United States Constitution and the Idaho Constitution;

(5) violate plaintiffs' statutory rights under the

7 : Idaho Code, as indicated above;

o

(6) violate plaintiffs7 rights under the Idaho

Constitution, as indicated above.

F. Issue preliminary and permanent injunctions prohibiting

the defendants from confining plaintiffs in the Minidoka County

Jail, as well as the Cassia County Jail, or, in the alternative,

22 issue preliminary and permanent injunctions sufficient to rectify

the unconstitutional acts and omissions and statutory violations

alleged herein, as follows:

(1) Restraining and prohibiting the defendants from

27 failing to provide plaintiffs with any of the following during

their periods of confinements:

29

(a) an adeguate classification system;

(b) adequate supervision of Jail personnel;

22

(c) complete separation from adult inmates;

(d) adequate programming and other activities;

23

(e) an adequate educational program;

24

(f) adequately trained Jail personnel?

(g) adequately qualified Jail personnel;

(h) adequate monitoring;

16

(i) adequate rules and regulations for the proper
handling and treatment of plaintiffs;
(j) outdoor recreation or appropriate large 3
muscle activity;
G. Issue preliminary and permanent injunctions restraining
and prohibiting all defendants from transferring any plaintiff to 5
any other Jail or any other facility where there exist the
conditions complained of herein. 8
H. Order the defendants to develop and implement a
9 j
comprehensive plan for the correction of the unlawful policies,
10 i
practices, acts, and omissions complained of herein, and to
submit this plan to the Court and to the attorneys for plaintiffs 12
for review. 13
I. Appoint a Special Master to review and insure 14
implementation of the plan submitted by defendants and to protect 15
the rights of plaintiffs during the pendency of this action. 16
J. Retain jurisdiction over the defendants until such time 17
as the Court is satisfied that their unlawful policies, 18
practices, acts, and omissions complained of herein no longer 19
exist and will not recur. 20
K. Award plaintiffs the cost of this proceeding and 21
attorneys' fees under 42 U.S.C. Section 1988. 22
23
24 "
25
26
17

1

L. Issue such other and further relief as to this Court

2 seems just and proper.

3 DATED: March 9, 1988.

4

Respectfully submitted,

5

JAMES BELL

CAROLE B. SHAUFFER

6

MARKkTT~SOLER

^

CENTER

7

8

imes W l l

9

JOSEPH STANZAK

10

By:

Joseph Stanzak

11 Attorneys for Plaintiffs

12

13

14

15 16

17

18

19

20

21

22

23 24

25

26

18

 
 Doe v. Minidoka Co.

David Sasser HAMLIN & SASSER, P.A. Attorney at Law Hoff Building 802 W. Bannock, Suite 601 P. 0. Box 1525 Boise, Idaho 83701 Telephone No. (208) 344-8474

• •

•• ••

•• •

•

JI-ID-002-002

Attorneys for Defendants Cassia County, Billy Crystal, Weldon Beck, Norman Dailey and John Adams

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF IDAHO

JOHN DOE, a minor, by and through JANE DOE, his Next Friend, on behalf of himself and all others similarly situated,

Plaintiffs,

CIV. No. 87-1356

v.

MINIDOKA COUNTY, IDAHO; RAY JARVIS, in his official capacity as Sheriff of Minidoka County,

Idaho; NORMAN SEIBOLD, LYLE BARTON,)

CLARENCE BELLEM, in their

)

official capacities as County

)

Commissioners of Minidoka County, )

Idaho, CASSIA COUNTY, IDAHO;

)

BILLY CRYSTAL, in his official

)

capacity as Sheriff of Cassia

)

County, Idaho; WELDON BECK, NORMAN )

DAILEY, and JOHN ADAMS, in their )

official capacities as County

)

Commissioners of Cassia County, )

Idaho,

)

Defendants.

)

SETTLEMENT AGREEMENT

WHEREAS, Plaintiffs JOHN DOE, a minor, by and through JANE DOE, his Next Friend, on behalf of himself and all others similarly situated, filed a lawsuit against DEFENDANTS CASSIA

COUNTY, BILLY CRYSTAL, WELDON BECK, NORMAN DAILEY and JOHN ADAMS, through their attorneys, James Bell, Carol Shauffer and Mark Soler of the Youth Law Center and Joseph Stanzak, local counsel, by filing of an Amended Complaint on or about March 11, 1988; and
WHEREAS, the allegations of Plaintiffs1 Amended Complaint sought declaratory, injunctive and other equitable relief related to the Defendants1 allegedly improper policies and practices of confining juveniles in the Cassia County Jail; and
WHEREAS, said Defendants have discontinued the practice of confining juveniles in the Cassia County Jail, Plaintiffs and Defendants have agreed to the following:
1. This Court has jurisdiction over this matter. 2. This action is properly maintained as a class action under Rules 23 (a) and (b) of the Federal Rules of Civil Procedure. The plaintiff class consists of all juveniles who were detained in the Cassia County jail since December 1986. 3. Upon entry of this Consent Decree by the Clerk of this Court, the defendants agree to cease utilizing the Cassia County Jail as well as any other County Jail that detains adults, for the incarceration of pre and post adudication juveniles, except for those juveniles who have been certified for prosecution as adults. 4. The Consent Decree has permanent, perpetual and binding effect upon defendants, their officers, successors in office, employees, agents and assigns and the directives contained herein and the relief granted is and shall be fully enforceable as

between the parties and any juveniles not certified to adult court that may be subject to incarceration in the Cassia County Jail.
5. Defendants are currently contracting with a private facility to provide detention facilities for the detention of pre and post adjudicatory juveniles from their jurisdiction. Plaintiffs' attorneys have inspected that facility, have met with its operators and will communicate directly with that facility regarding any concerns they may have regarding its operation. In the event Plaintiffs' attorneys become aware of any information regarding that facility which may impact these Defendants, they will promptly notify Defendants of all such information.
6. The parties hereto agree that, with the exception of the issue of attorney fees and costs associated with the prosecution of this litigation, which will be addressed in a separate agreement, this Settlement Agreement fully resolves all other issues raised in the Amended Complaint by the named Plaintiffs and the class they represent against these Defendants. In the event that the named Plaintiffs and these Defendants are unable to resolve the issue of attorney fees, and costs, they specifically reserve the right to present those issues, and any matters related thereto, to the Court for resolution at a future date.
7. This Agreement is not to be construed as an admission of liability on the part of said Defendants and any payments or agreements made hereunder or hereafter pursuant to

any related agreement constitute the compromise of a doubtful and disputed claim and are intended to avoid litigation and buy said Defendants' peace.
8. The parties hereto expressly agree that the terms of this Agreement shall remain confidential, absent the express written agreement of both parties, except that a breach of the terms of this Agreement may constitute waiver of said confidentiality agreement, for the limited purpose of bringing this Agreement before a court of competent jurisdiction to enforce the parties rights hereunder.
9. Implementation and enforcement. (a) This Settlement Agreement is binding upon the parties hereto and, in the event of an alleged breach or in the event any provision causes a result unintended by the parties, or causes an ambiguous interpretation, the aggrieved party shall, as soon as reasonably possible, notify the other party in writing of the alleged breach, unintended result or ambiguous interpretation. Such written notification shall include a statement of facts sufficient to identify the alleged breach, unintended result or ambiguous interpretation. Upon receipt of such written notice, the parties shall have thirty (30) days to make a good faith effort to negotiate a settlement to the problem between themselves. If the parties are unable to reach an agreement within those thirty (3 0) days, the issue may then be submitted to the Court for assistance through a status conference to resolve the issue.

(b) The parties agree that in the event of a dispute between them regarding the terms and conditions of this Agreement, they will provide written notice to the other of the alleged dispute, including a statement of facts sufficient to identify their dispute and to make it possible for them to attempt to resolve the matter through negotiation. In the event that they are unable to resolve the matter within thirty (30) days, the parties agree to seek this Court's assistance through a status conference, to resolve the issue.
(c) No action may be brought by either of the parties to enforce this Agreement until thirty (30) days after written notification of recognition of an alleged breach, unintended result, an ambiguous interpretation or dispute regarding the terms and conditions of this Agreement. The parties agree to exhaust these administrative remedies prior to requesting assistance from the Court and the parties expressly agree that neither shall be entitled to attorney fees or costs if they fail to negotiate and/or exhaust these administrative remedies prior to seeking the Court's assistance in resolving any dispute regarding this Agreement.
(d) It is expressly understood and agreed by the parties hereto, that the object of this Settlement Agreement is to obtain compliance herewith.
(e) In the event that the Defendants learn that any
portion of this Settlement Agreement is totally impossible to comply with, Defendants shall notify Plaintiffs' counsel as soon

as reasonably possible of such impossibility and shall include in
such notification the following:
(1) The precise provision of this agreement with which they cannot comply.
(2) The reason why said compliance cannot take place.
(3) A statement of an alternative plan for compliance or an equivalent, if possible.
(4) An estimate of the time necessary to fully comply with the referenced provision.
(5) If it is contended that any such provision cannot, under any circumstances be complied with, an explanation of the reason why compliance is impossible.
(6) Upon receipt of such notification, the parties hereto will attempt to resolve such issues in accordance with the negotiation process set forth previously herein. In the event they are unable to resolve the issue within thirty (30) days, the issue may be submitted to the Court for its assistance in achieving a resolution through a status conference, or if they Court refuses to hear the matter on that basis, by the filing of a legal action to enforce this Agreement.
10. The Defendants are not precluded from challenging
any of the conditions or restrictions in this consent judgement
which may be modified by subsequent law.
11. This Agreement contains the entire agreement
between the parties hereto and all verbal discussions are merged
into this Agreement.
THE UNDERSIGNED HAVE READ THE FOREGOING AGREEMENT,
FULLY UNDERSTAND IT AND UNDERSTAND THAT IT IS CONTRACTUALLY
BINDING.
6

JOHN DOE, A Minor, by and through JANE DOE, his next friend, on behalf of himself and all others similarly situated.
AGREED TO AND APPROVED AS TO FORM AND CONTENT BY:

JOHN ADAMS, Chairman of the Cassia County Board of County Commissioners
AGREED TO AND APPROVED AS TO FORM AND CONTENT BY:

JAMES BELL, Attorney at Law, of the Youth Law Center, Attorneys for the Plaintiffs

STEPHEN BYWATER, Cassia County Prosecuting Attorney

JOSEPH STANZAK, Attorney at Local counsel for Plaintiffs

DAVID SASSER, Of the Law, Firm, Hamlin & Sasser,
P.A., Attorneys for Defendants

STATE OF _ County of

) ss. .)

On this

day of February, 1990, before me, the

undersigned, a Notary Public in and for said State, personally

appeared JOHN DOE, known to me to be the person whose name is

subscribed to the foregoing instrument and acknowledged to me

that he executed the same.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written.

STATE OF IDAHO County of

) ) ss. .)

Notary Public for Residing at

On this

day of February, 1990, before me, the

undersigned, a Notary Public in and for said State, personally

appeared JOHN ADAMS, known to me to be the person whose name is

subscribed to the foregoing instrument and acknowledged to me

that he executed the same, for himself and as the authorized representative of all other Defendants.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written.

Notary Public for Idaho Residing at

, Idaho.

8

 
 District of Idaho Live CM/ECF - Docket Report

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RFPTRL, TERMED
U.S. District Court District of Idaho (LIVE Database)Version 2.5 (Boise) CIVIL DOCKET FOR CASE #: 1:87-cv-01356-HLR-MHW

Doe v. Minidoka County, et al Assigned to: Honorable Harold L. Ryan Referred to: Judge Mikel H. Williams Demand: $0 Cause: 42:1983 Prisoner Civil Rights Plaintiff John Doe a minor, by and through Jane Doe, his Next Friend, on behalf of himself and all others similarly situated Jane Doe
V. Defendant Minidoka County, Idaho

Date Filed: 12/11/1987 Jury Demand: None Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question
represented by Carole Shauffer YOUTH LAW CENTER 114 Sansome St #950 San Francisco, CA 94104-3820 (415) 543-3379 LEAD ATTORNEY ATTORNEY TO BE NOTICED
James Bell YOUTH LAW CENTER 114 Sansome St #950 San Francisco, CA 94104-3820 (415) 543-3379 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Joseph S Stanzak PO Box 934 Twin Falls, ID 83303 (208) 734-5689 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mark I Soler YOUTH LAW CENTER 1663 Mission St, 5th Fl San Francisco, CA 94103 (415) 543-3379 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Paul S Penland

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Defendant Ray Jarvis in his official capacity as Sheriff in Minidoka County, Idaho
Defendant Norman Seibold in his official capacity as County Commissioner of Minidoka County, Idaho
Defendant Lyle Barton in his official capacity as County Commissioner of Minidoka County, Idaho
Defendant Clarence Bellem in his official capacity as County Commissioner of Minidoka County, Idaho
Defendant Cassia County, Idaho TERMINATED: 06/18/1990

PENLAND & MUNTHER PO Box 199 Boise, ID 83701 (208) 344-4566 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Paul S Penland (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Paul S Penland (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Paul S Penland (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Paul S Penland (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by David Sasser HAMLIN & SASSER PO Box 1525 Boise, ID 83701 (208) 344-8474 TERMINATED: 06/18/1990 LEAD ATTORNEY ATTORNEY TO BE NOTICED
M Michael Sasser SASSER & INGLIS, P.C. PO Box 16488 Boise, ID 83715 (208) 344-8474 Fax: (208) 344-8474 Email: mms@sasseringlis.com TERMINATED: 06/18/1990 LEAD ATTORNEY

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Defendant Billy R Crystal in his official capacity as Sheriff of Cassia County, Idaho TERMINATED: 06/18/1990
Defendant Weldon Beck in his official capacity as County Commissioner of Cassia County, Idaho TERMINATED: 06/18/1990
Defendant Norman Daily in his official capacity as County Commissioner of Cassia County, Idaho TERMINATED: 06/18/1990
Defendant John Adams in his official capacity as County Commissioner of Cassia County, Idaho TERMINATED: 06/18/1990

ATTORNEY TO BE NOTICED
represented by David Sasser (See above for address) TERMINATED: 06/18/1990 LEAD ATTORNEY ATTORNEY TO BE NOTICED
M Michael Sasser (See above for address) TERMINATED: 06/18/1990 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by David Sasser (See above for address) TERMINATED: 06/18/1990 LEAD ATTORNEY ATTORNEY TO BE NOTICED
M Michael Sasser (See above for address) TERMINATED: 06/18/1990 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by David Sasser (See above for address) TERMINATED: 06/18/1990 LEAD ATTORNEY ATTORNEY TO BE NOTICED
M Michael Sasser (See above for address) TERMINATED: 06/18/1990 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by David Sasser (See above for address) TERMINATED: 06/18/1990 LEAD ATTORNEY ATTORNEY TO BE NOTICED
M Michael Sasser (See above for address)

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Date Filed 12/11/1987 05/02/1988 03/26/1990 06/07/1990 06/18/1990
06/18/1990
06/18/1990 11/09/1990
12/12/1990 01/04/1991
01/04/1991
01/29/1991
01/30/1991 02/08/1991 03/04/1991

TERMINATED: 06/18/1990 LEAD ATTORNEY ATTORNEY TO BE NOTICED

#

Docket Text

4 COMPLAINT for civil rights (Summons(es) issued) (jb) (Entered: 06/14/1990)

26 ANSWER by defendants Cassia County, Billy R Crystal, Weldon Beck, Norman Daily, and John Adams (jb) (Entered: 06/14/1990)

34 ORDER by Honorable Harold L. Ryan Case Mgmt ddl - plas' proposed notice to class due 4/27/90 (cc: all counsel) (jb) (Entered: 06/14/1990)

38 NOTICE OF STATUS CONF - set for 9/28/90 at l0:00 am in Boise, to be initiated by office of HLR (cc:attys) (jb) (Entered: 06/14/1990)

39 STIPULATION for dismissal w/prejudice of all pla's claims against dfts Cassia County, Billy Crystal, Weldon Beck, Norman Dailey and John Adams (jb) (Entered: 06/19/1990)

40 ORDER by Honorable Harold L. Ryan dismissing w/prejudice all pla's claims against dfts John Adams, Norman Daily, Weldon Beck, Billy R Crystal, and Cassia County (cc: all counsel) (jb) (Entered: 06/19/1990)

LODGED: settlement agreement (sealed) (jb) (Entered: 06/19/1990)

41 ORDER OF REFERENCE by Honorable Harold L. Ryan referring status conference to Magistrate Mikel H. Williams (cc: all counsel) (jb) (Entered: 11/13/1990)

42 NOTICE OF TELEPHONE STATUS CONFERENCE ; Status Conference set for 4:00 on 1/10/91 in Boise before MHW (jb)

43 NOTICE OF STATUS CONFERENCE before Magistrate Williams; Status Conference set for 1/10/91 @ 4:00 vacated and reset for 4:00 1/28/91 (mn)

44 ORDER OF REFERENCE by Honorable Harold L. Ryan Case referred to Magistrate Mikel H. Williams for all pretrial matters and status conference. (cc: all counsel) (jb) (Entered: 01/07/1991)

45 MINUTES OF STATUS CONFERENCE; pla's to file copy of notice posted in mails w/court; another status conf set 3/4/91 at 3:00 pm (jb) (Entered: 01/30/1991)

46 NOTICE OF STATUS CONFERENCE ; Telephonic Status Conference set for 3:00 pm on 3/4/91, Mr. Bell to initiate call (jb)

47 NOTICE to all juveniles 18 years or under detained in the Minidoka County Jail by Christine Cross of the Youth Law Center (jb)

48 MINUTES OF STATUS CONFERENCE; for status conference ;

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03/05/1991 03/08/1991
04/05/1991 06/03/1991 06/03/1991

Another Telephonic Status Conference set for 3:00 pm on 4/5/91, Parties have 15 days to draft a settlement agreement (gl) (Entered: 03/06/1991)
49 NOTICE OF HEARING telephone conference call set 4/5/91 at 3:00 pm (cc: all counsel) (gl) (Entered: 03/06/1991)
50 ORDER by Magistrate Mikel H. Williams ; tele status conf held 3/4/91; that pla prepare and submit a copy of the settlement agreement to dfts by 3/25/91 ; that a tele status conf is set for 4/5/91 at 3:00 pm MST, Mr. Peland to initiate call; that between the submission by pla of settlement agreement and the tele status conf set for 4/5/91, counsel shall meet and confer on language of the settlement agreement and on attys fees (cc: all counsel) (jb) (Entered: 03/11/1991)
51 MINUTES OF STATUS CONFERENCE; parties advised court they had settled case; parties will submit stipulation after signatures are obtained on 4/26/91 (jb) (Entered: 04/10/1991)
52 STIPULATION for dismissal w/prejudice of all plas' claims against dfts Minidoka County, Ray Jarvis, Norman Seibold, Lyle Barton and Clarence Bellem (jb) (Entered: 06/04/1991)
53 ORDER for dismissal w/prejudice of plas' claims against dfts Minidoka County, Ray Jarvis, Norman Seibold, Lyle Barton and Clarence Bellem by Honorable Harold L. Ryan dismissing case (cc: all counsel) (jb) (Entered: 06/04/1991)

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