t Langford v. Racicot
PC-MT-001-001

"lark J. Lopez 1 idward I. Koren
National Prison Project 2 the American Civil Liberties
Jnion Foundation 3 L875 Connecticut Ave., NW
Washington, DC 20009 4 Telephone: 202/234-4830
5 Edmund F. Sheehy, Jr. :ANNON & SHEEHY
6 P.O. Box 5717 ielena, MT 59604-5717 .
7 Telephone: 406/442-9930 ATTORNEYS FOR PLAINTIFFS
8

9

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MONTANA

10

HELENA DIVISION

11 TERRY LANGFORD, JAMES BALL, JAMES
PETERSCHICK, JEFF DELAPHIANO, TRUEMAN 12 :ONRAD, ANTHEL BROWN, DAN MASON, and
UJDY MEISSNER, on behalf of themselves 13 j^nd all others presently incarcerated or
will in the future be incarcerated ) Case No. CV 92-13-H-LBE 14 the Montana State Penitentiary,

15

Plaintiffs,

16 /s.

17 frlARC RACICOT, in his official

apacity as Governor of the State of

)

18 Montana, RICK DAY, in his official

)

:apacity as Director, Department of

)

19 :orrections and Human Services; JAMES )

"MICKEY" GAMBLE, in his official

)

20 rapacity as the Administrator of the

)

:orrections Division of the Montana

)

21 department of Corrections and Human

)

22

Services, MIKE MAHONEY, in his official rapacity as Deputy Warden, Montana State

) )

23

Prison; and the Department m d Human Services,

of Corrections) )

24

)

Defendants. )

25

FIFTH AMENDED COMPLAINT

Plaintiffs complain of defendants and allege as follows

JURISDICTION

2

1. Pursuant to Title 28 U.S.C. §§ 2201 and 2202, this-Court

3 las jurisdiction to declare the rights of the parties and to grant

uxo. further relief found necessary and proper. This action arises

5 ander the First, Fourth, Fifth, Sixth, Eighth and Fourteenth

e Amendments of the Uni.ted States Constitution and the provisions of

7 (Title 42 U.S.C. § 1983 and Title 42 U.S.C. § 12101 ££. seq. . as

8 lereinafter more fully appears. The jurisdiction of this court is

9 nvoked pursuant to 28 U.S.C. § 1343.

10

VENUE

2. Venue is proper in the district of Montana under 28

J.S.C. § 1391(a). The defendants reside in the State of Montana,

nd the plaintiffs' claims for relief arise in Montana.

3. Venue is proper in the Helena Division under Rule 105-

J(a) of the Rules of Procedure of the United States District Court

the District of Montana because one or more of the defendants

17

irose there. 18

PARTIES
19

20

4. Named plaintiffs are prisoners currently incarcerated

21 jither at the Montana State Prison (MSP) at Deer Lodge or at the

22 sxpansion unit for protective custody prisoners at the Warm

23 Springs State Hospital. Terry Langford and Rudy Meissner are

24 ;urrently housed in the Maximum Security Unit. James Ball is

25 rurrently housed in the protective custody unit located at Warm

Springs. James Peterschick is currently participating in the sex

•IFTH AMENDED COMPLAINT

offender treatment program at Montana State Prison. Anthel Brown

nd Dan Mason are both High Side prisoners who have serious health

:are needs which are not being adequately addressed. Jeff

Delaphiano and Trueman Conrad are both Low Side prisoners at MSP

vhose health care needs are not being adequately addressed. Mr.

Delaphiano has a mental disability and Mr. Conrad is physically

7 ^isabled and in a wheelchair.

5. Defendant Marc Racicot is the Governor of Montana. As

jsuch, he is the chief executive officer for the State of Montana

and is ultimately responsible for the operation of the Montana
10

11 tate Prison. He is sued in his official capacity.

12

6. Defendant Department of Corrections and Human Services

DCHS) is an executive agency and arm of state government of the
13

tate of Montana charged by law with the duty to, among other
14

15 :hings, develop and maintain comprehensive services and programs

16 Ln the field of adult corrections; to incarcerate and rehabilitate

Melons within the State of Montana; and to adopt rules for the
17

idmission, custody, transfer and release of prisoners within the
18

State of Montana. The DCHS is an appropriate party-defendant in
19

m action under the Americans with Disabilities Act (ADA), Title
20

12 U.S.C. § 12101, et. sea.
21

22

7. Defendant Rick Day is the Director of Department of

23 rorrections and Human Services appointed by the governor in

24 iccordance with § 2-15-111, MCA. Said defendant is charged by law

25 /ith the duty to supervise, direct, account for, organize, plan,

Administer and execute the functions vested in the Department of

jporrections and Human Services (hereinafter "DCHS"); to establish

policies to be followed by the Department and its employees and to

3 prescribe rules for the administration of"DCHS and the conduct of

4 its employees. He is sued in his official capacity.

5

8. Defendant James "Mickey" Gamble is the Administrator of

6 the Corrections Divis.ion of the Montana Department of Corrections

7 and Human Services. He is responsible for the administration and

8 Dperation of all the prison facilities in Montana and for the

9 lealth, safety and welfare of the persons incarcerated there. He

10 is sued in his official capacity.

11

9. Defendant Mike Mahoney is Deputy Warden of the Montana

12 State Prison and is responsible for the implementation of laws,

13 regulations and policies applicable to the prison and is in charge

14

the day-to-day operation of the prison and the day-to-day

15 supervision of prison employees and prisoners. He is sued in his

16 official capacity.

17

10. At all times relevant hereto, each of the defendants are

18 acting under color of state law and pursuant to their authority as

19 officials and/or employees of the State of Montana and as

20 officials and/or employees of the Department of Corrections and
I 21 Human Services.

22

CLASS ACTION

23

11. The named plaintiffs seek to maintain this action on

24 behalf of themselves and all others similarly situated pursuant to

25 Jlules 23 (a) and 23 (b) of the Federal Rules of Civil Procedure. i
They represent a class of persons who are currently or may in the

FIFTH AMENDED

future be incarcerated by the DCHS at the Montana State Prison or

*7arm Springs expansion unic and who, in the absence of the relief

equested below, have been or will be treated in the manner set

4 rorth below.

12. The members of the class which plaintiffs represent

include 1200 prisoners currently incarcerated either at the
6

Montana State Prison or the Warm Springs expansion unit. As such,

|the members of the class are so numerous that joinder of all

nembers is impracticable.

10

13. There are questions of law and fact common to the class.

14. The claims of the representative parties are typical of
11

:he claims of the class.
12

15. The representative parties will fairly and adequately
13

protect the interests of the class.
14

16. The prosecution of separate actions by individual
15

nembers of the class would create a risk of:
16

a. inconsistent or varying adjudications with respect
17

:o individual members of the class which would establish
18

Incompatible standards of conduct for . the party or parties
19

opposing the class, or;
20

21

b. adjudications with respect to individual members of

22 :he class which would as a practical matter be dispositive 'of the

23 Interests of the other members not parties to the adjudications or

24 substantially impair or impede the ability to protect their

25 Interests.

FIFTH AMENDED COMPLAINT

GENERAL FACTTTAT, AND LEGAL ALLEGATIONS

17. This is a civil rights action brought on behalf of the

plaintiffs and on behalf of all prisoners who are now or will be

in the future confined to the custody of the defendants at the

I

5 Montana State Prison at Deer Lodge and at the expansion unit at

I

i

6 tfarm Springs State Hospital.

7

18. Plaintiffs seek declaratory and injunctive relief from

policies and procedures and from cruel and abusive conditions of

confinement imposed by defendants that violate rights guaranteed
9
to plaintiffs by the First, Fourth, Fifth, Sixth, Eighth and
10
Fourteenth Amendments to the United States Constitution.
11
19. Defendants deny prisoners access to adequate medical,
12
Cental, and mental health care in violation of the Eighth and
13
;Fourteenth Amendments to the United States Constitution.
14
20. The prison is dangerously overcrowded and replete with
15
environmental, fire safety and security related hazards.
16
Confinement under these conditions jeopardizes the safety of the
17
18 [prisoner population in violation of the Eighth and Fourteenth 19 \mendments of the United States Constitution.

20

21. Prison policy regarding classification, treatment and

programming of prisoners, as written, as applied, or both,
21
/iolates the Fourteenth Amendment to the United States
22
Constitution.
23

24

22. Prison policy pertaining to good time, as written, as

25 applied, or both, violates the Fourteenth Amendment to the United

Constitution.

tlFTH AMENDED COMPLAINT

1

23. The requirements of the sex offender program are

2 numiliating and degrading. Completion of the program as a

3 condition of parole violates the First, Fourth, Fifth, Eighth and

4 Fourteenth Amendments of the United States Constitution.

5

24. Conditions and practices in the Maximum Security and

6 protective custody .units are oppressive and unduly harsh.

7 Confinement in these units violate the Eighth and Fourteenth

[Amendments of the United States Constitution.
8

25. Prison officials fail to comply with the requirements of
9

the Americans With Disabilities Act, Title 42 U.S.C. § 12101, et.
10

sea.. by not having sufficiently adequate housing and programs for
11

l!

12 idisabled prisoners.

i

j
13

26. The policies, procedures and conditions as more

14 [particularly described below, contributed in part to the riot

15 [vhich occurred in the Maximum Security Unit at the Montana State
i
16 Prison on September 22, 1991, in which five prisoners were

17 [nurdered in the Maximum Security Unit, and after which corrections

18 officers stripped, flex cuffed, physically abused, assaulted,

19 lumiliated, beat and even tortured prisoners who had been housed

20 Ln Maximum Security at the time of the riot. The vast majority of

21 :hese prisoners had no involvement and took no part in the riot.

22 Respite the loss of life and damage resulting from the riot, many

23 >f the offending conditions and practices in effect at the prison

24 it the time of the riot continue unabated.

25

27. Failure to rectify the constitutional violations as more

particularly described below, will cause continuing violations of

IFTH AMENDED COMPLATMT

constitutional rights andundermine the morale of both prison

istaff andprisoners andwill thereby continue to threaten the

physical well-being of both prisoners and prison staff.

•5 i

i

|

28. As a proximate result of the defendants1 policies,

1
_ [practices, procedures, acts and omissions, plaintiffs have 5 '! e. {suffered and will continue to suffer immediate and irreparable

jinjury, including physical and psychological injury, deprivation
i
fjof liberty interests and violations of their constitutionaland
{statutory rights.

i

29. Plaintiffs have noplain, adequate orcomplete remedy at

ji

I!ijlaw toredress the wrongs described in this Complaint.

|| 30. Plaintiffs will continue to be irreparably injured by

,„ the policies, practices, procedures, acts and omissions of

13 i 14

defendants unless this Court grants the injunctive and declaratory
15

relief that plaintiffs seek.
16

i
17

ACCESS TO MEDICAL. DENTAL AND MENTAL HEALTH CARE

A. Medical
18

31. There arean inadequate number of appropriately
19

grained medical staff to attend to the prisoner population. The
20

services of a single physician and a skeleton nursing and support
21

staff are not sufficient to meet the needs of the approximately
22

L200 prisoners atMSP. As a result, emergency, routine and basic
23

preventive care are inadequate.
24

32. Health care services have been completely
25

disorganized with virtually no leadership or system of authority.

Comprehensive policies and protocols for the delivery of medical

care have not been adopted. The infirmary is not operated in

conformity with generally accepted professional standards, and

3 , medication distribution is left to correctional officers.

33. Additionally, there is no system for accountability

land supervision in making treatment decisions. In many cases a

_. physician's assistant.is responsible for the care and treatment of
6
prisoners with serious medical conditions such as coronary artery

. ,disease, AIDS or diabetes, although a physician's assistant lacks

|the necessary expertise to treat such conditions. Moreover, there

10 is little or no physician supervision of the decisions of the 11 physician's assistant as required by Title 37, Chapter 20, MCA.

12

34. As a result of the staff shortages, Montana State

13 Prison officials rely on a poorly conceived triage system that is

14 ion-responsive and fraught with long delays and inappropriate

15 ;reatment decisions. Medical staff routinely do not see prisoners

16

need to be seen, except in emergency cases and frequently

17 after many requests by prisoners and unit staff.

18

35. Access to necessary medical care is initiated by an

19 obtuse, bureaucratic, "kite" system in which the prisoner sends a

20 lote requesting medical care. Preliminary determinations as to

21 :he need for medical care are slow and often made without medical

22 examination of the prisoner. Under this system, prisoners who are

23 iisabled or are unable to describe their complaints or symptoms

24 accurately, are frequently overlooked by MSP's medical staff.

25

36. The implementation of the policy requiring

brisoners to purchase over-the-counter medications and products

(greets a further barrier to access. Sick call requests are

2 (routinely returned to prisoners (without being seen) with 3 nstructions to purchase a product from the commissary/canteen. 4 Moreover, no allowance is made for prisoners with insufficient

5 unds to purchase the medications.

6

37. The .facility does not perform mandatory

7 tuberculosis testing upon admission and does not follow the

oo .Federal Center for Disease Control (CDC) guidelines for the bontrol of tuberculosis in correctional facilities. Failure to

ollow CDC guidelines for tuberculosis control poses an immediate
10

nd unacceptable risk of the spread of that disease.
11

12

38. Additionally, continuity of care, routine follow-

13 jp, and monitoring of prisoners with chronic as well as life-

:hreatening conditions, such as diabetes, hypertension, and
14

spilepsy is seriously lacking. There are no regular examinations
15

16 f prisoners over fifty years old. Further, prison officials

17 outinely deny prisoners treatment even when such treatments are

18 recommended by qualified outside independent medical doctors.

19 This method of addressing prisoner health care creates a pervasive

20 isk of harm to sick and injured prisoners. MSP's provision of

21 lecessary subspecialty medical services is also inadequate due to

22 innecessary delay and monitoring by MSP health staff.

23

B. • Dental

24

39. The dental department is inadequately staffed to

25 neet the needs of the population. As a result, prisoners with

serious dental conditions must typically wait three to six months

•IFTH AMENDED COMPLAINT

(before being seen by thedentist. Thecurrent waiting list is

2 between 300 and 400 prisoners. C. Mental Health

4

40. The mental health program is inadequately staffed

[to meet the needs of the population. The mental health staff is

primarily involved in the sex-offender treatment program and in
7 preparing admission and parole evaluations. This leaves the part. time efforts (two visits per month) of a consulting psychiatrist
O
|to tend to the f a c i l i t y ' s day-to-day mental health needs. By

conservative estimates, there are probably between 60 and 100
10
11 seriously mentally ill prisoners at. MSP, with an additional 200-

12 400 with secondary mental health conditions. A full 10% of the

13 prisoners are currently on some form of psychotropic medication.

14 The staff has failed to identify the majority of seriously

15 nentally ill prisoners. Even when a prisoner has been identified

16 is seriously mentally ill, the prisoner is locked in his cell

17 /irtually all day, without meaningful treatment.

18

CROWDING. PHYSICAL PLANT. ENVIRONMENT.

AND FIRE SAFETY

19
41. The Montana State Prison is operating at approximately

20
10% over capacity.

21
42. MSP officials have provided information which indicates
22
:hat the operational capacity of the prison is 850 prisoners. The
23
Montana legislature has adopted legislation requiring a reduction
24
:o 850. The present population is 1170, with projections to
25
Increase to 1500 in the next one to three years.

i l F T H AMENDED COMPLAINT

43. On the more restrictive high-side of the prison, two of

[the three buildings are primarily double-celled, with • two

prisoners sharing a cell designed for one. These prisoners spend
3
approximately 16-20 hours locked in their cells each day.
4
44. On the less restrictive low-side, most of the prisoners

kre crammed into three dormitory-style housing units comprised of

eparate modules designed for eight persons, but confining
7
o thirteen. Each module is equipped with only one shower, one
0
jtoilet, one urinal and one wash basin. The fourth building on the

ow side has approximately 86 individual rooms of which 144
10

11 prisoners must share. Toilet and shower facilities are also

12 inadequate to support this population.

13

45. The housing units are inadequately lighted, ventilated,

14 and lack even the most basic fire safety precautions. Only three

15

the seven housing units are sprinkled.

16

46. The crowded conditions at the MSP make living conditions

17 unbearable for prisoners and can be a major factor in creating

18 /iolence. The overcrowding combined with the absence of the most

19 rudimentary fire safety precautions creates a significantly high

20 risk of danger in the event of an emergency, such as a fire or

21 orison disturbance.

22

INMATE CLASSIFICATION. TREATMENT AND PROGRAMS

23

47. Six prisoner custody levels at Montana State Prison

24 sxist. These custody levels range from extremely tight

25 supervision to trustee status. The highest custody level is

'maximum custody" reserved for such prisoners who typically

'IFTH AMENDED COMPLAINT

include: death row prisoners; assaultive, rebellious, disruptive

r predatory prisoners who require strict control and supervision;

prisoners requiring segregation because o'f special dangers they

nay pose to themselves or others; "temporary lockup" prisoners

facing disciplinary committee hearings for serious rules

infractions, prisoners serving detention for disciplinary hearing

sentences, and prisoners who have escaped from close or maximum

8 ecurity within the last five years. The lowest level is "minimum

9 CI custody" and includes typically, prisoners with less than two

10 fears to parole or discharge and prisoners with exemplary records

11

dependability or truscworthiness and no history of escape.

12

48. The objectives of the prisoner classification system at

13 lontana State Prison are to protect'the public, to safeguard the

14 •/ell-being of the prisoner, to assure the effective operation of

15 ;he institution and to maximize the likelihood of rehabilitation

16 oy assuring that prisoners are assigned to proper programs and an

17 appropriate level of custody.

18

49. It is the express institutional policy of Montana State

19 rison to assign prisoners to the least restrictive level of

20 :ustody consistent with maintaining the order of the institution,

21 >rotection of the prisoner, and protection of the community. It

22 -s further the policy of the prison to classify prisoners in order

23

maximize the use of programs and to facilitate prisoner

24 rehabilitation and successful re-entry into the community.

25

50. Classification and treatment decisions are arbitrarily

nade. Although there are plans to implement a new objective based

IFTH AMENDED COMPLAINT

classification program developed by the National Institution of

orrections, i t remains to be seen whether i t will be implemented

3 jfree of the abuse and arbitrariness characteristic of the current system.

51. The classification and treatment team establishes

arbitrary and unrealistic treatment plans that affect the

7 Iprisoners parole eligibility.

8

52. The classification and treatment team does not

9 adequately communicate with theparole board to ascertain their

10 requirements for program participation.

11

53. In addition, the facility does not have sufficient

12 programs to meet theprogram requirements of theparole board in a

13 ;timely manner. Prisoners must frequently wait for months and

4 I'ears to participate in programs that have been imposed as a

15 Condition of parole.

16

54. A prisoner's classification determines which of the

17 [prison programs are available to him.

18

55. A prisoner's classification determines the extent of the

19 privileges accorded to him, including such privileges as

20 /isitation, recreational opportunities, educational programs, work

21 assignments and yard privileges.

22

56. A prisoner's classification determines the minimum good

23 :ime allowance credited to the prisoner's sentence.

24

57. Classification criteria are vague and poorly understood

25 by both prison staff and prisoners. Prisoners are frequently

plassified arbitrarily and without regard co the policies, goals

. and criteria required by prison policy.

58. Prisoners are frequently reclassified, even to maximum
3

security, for minor infractions in violation of both prison

classification policy and prison disciplinary policy. Prisoners

. reclassified to a lower custody level by prison authorities
6
.frequently wait weeks and even months to be transferred to a

Lesser custody unit within the prison.

SECURITY

9

59. In the aftermath of the Montana State Prison riot of

10

eptember 22, 1991, Montana officials contracted with the National
11

12 nstitute of Corrections (NIC) to conduct an assessment of the

ircumstance surrounding the riot. The ensuing report entitled
13

Riot at Max" (Dec. 14, 1991) contained a total of 55
14

15 ecommendations. The first andmost important recommendation was

16 :o engage theservices of a nationally recognized security expert

17 ;o conduct a comprehensive security audit of the state prison,

he audit was conducted and a report was issued on December 16,
18

19 991. That report contains 35 recommendations of a technical

20 security nature. Many of the specific findings of that report

upport the general findings of the NIC analysis relative to
21

security problems. According to departmental records, these two
22

locuments constitute the primary frame of reference it will use as
23

blueprint for reform at MSP andto prevent future disturbances.
24

25

60. A significant number of the recommendations made in

:hose tworeports have been implemented or arebeing implemented.

IFTH AMENDED COMPLAINT

Dthers remain under study and evaluation. With respect to a

lumber of critical recommendations, however, there has been no

significant progress. Until such time that the remaining

4 recommendations are acted upon by Montana Corrections officials,

5 iheir ability to provide a safe and secure facility remains

6 pompromised. 7

PROTECTIVE CUSTODY

a

61. In the aftermath of the murder of the five protective

custody prisoners confined in the Maximum Security Unit at MSP,

10 [protective custody has since been relocated to the expansion unit

11 :>n the grounds of the Montana State Hospital. Conditions in this
i 12 anit are desolatory and devoid of any meaningful programs or other

13 Activities.

14

62. Montana officials have proposed relocating the

15 Protective Custody Unit to the Maximum Security Unit at MSP.

16 There they would be housed with the most dangerous aggressive and

predatory prisoners at the prison, including a number of whom were

18 :onvicted of the murders which occurred during the riot,

19 ronfinement under those circumstances poses a direct threat to the

20 Physical and psychological well being of protective custody

21 Prisoners.

22

63. Official and unofficial policies have been implemented

23 r prison officials to discourage participation in the protective

24 :ustody program. Prisoners in fear of their personal safety are

25 not placed in protective custody if they refuse to specifically

^Identify those responsible for the threats. However, even

FIFTH AMENDED COMPLAINT

1 iisclosure of the identity of such individuals does not ensure

2 -hat an prisoner will be placed in protective custody. Prison

staff and ultimately the warden retain discretion to determine

/hether an prisoner will be reclassified to protective custody or

emain in the general population. No adequate, confidential means

. ,3f investigating prisoner allegations of threats exists. The

confidentiality and security of prisoners who request protective

ustody and the information that they provide is frequently

g ompromised by prison staff, thus further endangering prisoner

10 ecurity.

11

64. Programs forprotective Custody prisoners arevirtually

12 ion-existent. Similarly, protective custody prisoners access to

13 nedical, dental and mental health services is fraught with even

14 jreater barriers than faced by the MSP population generally.

15

65. All of the above forces prisoners, in fear for their

16 )ersonal safety, to choose between personal security and other

17 >rivileges, including good time, available to prisoners in general

18 copulation.

19

66. Current policies and practices fail to adequately

20 jromote the purposes for which protective custody exists. MAXIMUM SECURITY
21

22

67. Prisoners classified to Maximum Security for long terms,

23 Including terms of several years, are offered no meaningful

24 >rograms or activities and are locked in their cells 22-24 hours

25 >er day, depending on their level in the s t r a t i f i c a t i o n program

described below.

IFTH AMF.NH^H

1

68. Maximum Security prisoners are not given psychological

2 Assessments on a regular basis. Such long term, isolated

3 onfinement frequently causes serious depression and other

4 profound psychological deterioration requiring assessment and

5 treatment. To a significant extent the Maximum Security Unit has

6 become a depository for prisoners with mental health problems.

7

orm of punishment, rather than a classification decision.

Practices in the unit are punitive and virtually indistinguishable

rom conditions in disciplinary segregation. No meaningful

distinction exists between theconditions of prisoners classified

evel 1 or Level 4.

13

70. In theory, death row and administrative segregation

14 'prisoners areallowed to move through thelevel system and return

15 :o the general population, butin practice they are not.

16

71. The Department of Corrections has failed to develop

17 policies and practices to treat prisoners in Maximum Security

18 lousing consistent with their classification status andto provide

19 neaningful programmatic activities. Prisoners are allowed 1.5

20 aours every other day in the recreation yard (weather permitting).

21 Educational and work opportunities areonly marginally available,

22 similarly, access to the law library for this population is

23 Inadequate. The cite-specific paging system is unacceptable.

24

72. Prisoners are subjected to excessive, unnecessary, cruel

25 ind unusual physical force and abuse, including beatings and

tlFTH AMENDED COMPLAINT

(forced body cavity searches by correctional officers under Montana correction officials1 supervision.

.'3. Prisoners have been subjected to beatings and kicking, 3 „ jvhile in chains or handcuffs, by correctional officers under the 4
supervision of Montana correctional officials. 74. Excessive discipline is frequently and a r b i t r a r i l y
.6
imposed upon prisoners in a retaliatory manner forconduct which

b.s not threatening to the security or order of the prison but

•/hich is offensive to the prison staff and such disciplinary

10 actions are approved.

11

75. Prisoners have been forced to strip, in cold "strip

12 bells", andremain naked in chains or other restraints. While in

13 :his condition, it is virtually impossible for prisoners to use a

14 :oilet or to clean themselves. Montana correctional officials are

15 :ully aware of this and have condoned these activities.

16

76. Prison staff have intimidated andharassed prisoners by

17 ising threats of excessive force, name calling, and by threatening

18 :o tell other prisoners that certain prisoners are informants.

19

77. Montana State Prison has no adequate procedure for

20 •equiring institutional investigation or review of useof force

21 .ncidents orreports.

22

78. The prison disciplinary policy, as written or as

23 Applied, is poorly designed and arbitrarily and . poorly

24 administered in Maximum Security. Written disciplinary policies

25 lire often ignored. Discipline in excess of that permitted or

|lFTH AMENDED COMPLAINT

required by written prison policy is often imposed upon prisoners

2 for minor disciplinary infractions. 79. Prisoner classification policy as to who is placed into

phe Maximum Security Unit is applied arbitrarily and unequally.

placement into Maximum Security results in a significant denial or

e Restriction of privileges afforded prisoners in other units. Some

prisoners are placed into Maximum Security for infractions while

o others, accused of the same infraction, are not. Disciplinary and
o
Classification decisions are made in an arbitrary manner and are

Dased upon personality and unbridled discretion of the prison
10

staff.
11

80. Defendant has allowed protective custody or
12

dministrative segregation prisoners to be arbitrarily placed into
13

he Maximum Security Unit and thereby lose privileges afforded
14

Tisoners in other units.
15

81. Prisoners classified to be in Maximum Security for long
16

erms, including terms of several years, are offered no programs
17

r activities and are required to be in their cells for 23 hours
18

>er day.
19

Such long term isolation causes serious psychological

>roblems requiring psychological assessment and treatment,
20

risoners do not receive adequate psychological assessment and
21

:reatment.
22

23

82. Prisoners in Maximum Security are arbitrarily denied

24 )ooks, magazines, and other reading materials while other units of

25 :he prison have no such restrictions.

#IFTH AMENDED COMPLAINT

87. Prisoners are being deprived of good time without due

process because the way it is earned and calculated is so vague

and ambiguous as to be incomprehensible to the average prisoner.

, prisoners are being treated unequally because the present method

bf awarding and deducting good time is arbitrary and subject to

. :he unbridled discretion of a handful of prison employees.
6
MONTANA SEX OFFENDER PROGRAM 7
88. The defendants single out members of the plaintiff class

«/ho have been accused of any kind of sex-related misconduct or

deviant" sexual behavior, characterize these plaintiffs as
10
aggressors" and "deviants" and treat them as presumptively
11
Ineligible for parole. As a prerequisite to parole eligibility,
12
the defendants require these plaintiffs to gain admission to,
13 i
14 participate in and complete the requirements of Montana's Sex

15 )ffender Program, a part of which is known as the Intensive

16 reatment Program and still another part is known as the

17 intellectually Disabled Sex Offender Program (IDSOP).

18

89. As a requirement of these programs and a prerequisite to

19 arole eligibility, the defendants require plaintiffs periodically

20 :o submit to manipulation with a penile plethysmograph. This

21 levice is a gauge that measures and records changes in penis size.

22 he defendants claim that by measuring changes in penis size in 23 •esponse to a variety of audio-visual sexual cues, they can 24 •valuate a prisoner's predilection for "deviant" sex, and predict
25
:he likelihood of engaging in criminal sexual activity. Program

staff attach plaintiffs by the genitals to the device, require

FIFTH AMENDED COMPLAINT

1 hem to masturbate to achieve a complete erection and subject them 2 o photographs and sound tracks portraying diverse sex acts which
phey claim are "acceptable" and "deviant," e.g.. consensual adult

leterosexual intercourse, violent rapes and other sex acts

!involving children.

6

90. Another aspect of this program is that program staff

7 nake insatiable, arbitrary, and capricious demands on plaintiffs

8 o confess to "deviant" sexual fantasies and defendants require

g p.nmates to keep journals of these fantasies. Staff accuse

10 ndividual plaintiffs of being "in denial" if they deem their 11 accounts of these fantasies to be insufficiently graphic or lewd, 12 and threaten plaintiffs with serving out their maximum sentences

13 or being denied parole) if the "quality" of their sexual 14 fantasies is unsatisfactory.

15

91. The defendants require plaintiffs to abandon any legal

16 :hallenges to, or appeals from, their convictions, and to admit

17 juilt. Plaintiffs are likewise required to admit guilt for

18 additional sex crimes, unproven or even uncharged, andwithout a 19 jrant of immunity from prosecution. Plaintiffs are required to 20 submit to liedetector examinations with regard to their fantasies

21 ind with regard to information written into journals which they 22 ire required to keep. The defendants further require plaintiffs 23 :o waive their right to confidentiality and permit disclosure of

24 :ommunications obtained from them in thecourse of treatment.

25

92. On information and belief, thedefendants useagents and

employees who are not properly licensed and qualified mental

IFTH AMENDED COMPLAINT

lealth care professionals to administer the various procedures

2 described above.
MENTALLY AND PHYSICALLY DISABLED PRISONERS
3

.

93. Montana correction officials fail to maintain accessible

[features such as elevators or ramps to ensure mobility-impaired

e plaintiffs' ready access to fundamental sanitary facilities such

_ r ^ toilets and showers, and to program areas. Defendants also 8 fail to provide mobility-impaired plaintiffs with wheelchairs or

9 appropriate prosthetic devices to surmount structural barriers.

10 Plaintiffs are thus substantially limited in carrying out major

11 ife a c t i v i t i e s such as moving throughout the prison, showering

12 nd otherwise maintaining self-hygiene, performing manuai tasks,

13 gating, and learning.

14

94. Montana correction officials fail to provide necessary

Supplies or services to attend those plaintiffs whose severe

16 jhysiological disorders preclude their control over bodily

17 unctions.

18

95. Montana correction officials exclude physically-impaired

19 ) l a i n t i f f s who suffer from such chronic illnesses as heart

20 lisease, epilepsy, and respiratory disorders, from participation

21 .n programs and services for which they are otherwise qualified,

22 >ased solely upon their d i s a b i l i t i e s . Due to their exclusion from

23 jrograms and services, physically-impaired p l a i n t i f f s who are

24 >therwise qualified for programming, are deprived of the

25 >pportunity - - enjoyed by unimpaired p l a i n t i f f s - - to become

eligible for parole supervision or to earn good time credit.

FIFTH AMENDED COMPLAINT

1

96. Montana correction officials fail to make reasonable

rogram or service accommodations for mentally-impaired plaintiffs
2
ho suffer from a range of disabilities from specific learning

,iisabilities to emotional illness to organic brain syndrome or

nental retardation. Mentally-impaired plaintiffs are thus denied

I an opportunity to participate in programs, activities and services

,such as recreation, education and employment based solely upon

,:heir disabilities. Due to their exclusion from programs and 8
services, the condition of mentally-impaired plaintiffs

.eteriorates in segregation cells.
10
FIRST CAUSE OF ACTION
11

12

97. Plaintiffs reallege and incorporate by reference

13 aragraph 1 through 46 and 59 through 83.

14

98. Defendants fail to provide plaintiffs with the basic

15 necessities of life, including adequate shelter, medicaland

16 nental health care, and personal safety. The conditions inthese 17 facilities are incompatible with contemporary standards of

lecency, cause unnecessary and wanton infliction ofpain and are
18
19 lot reasonably related to any legitimate governmental objectives.

20 s a result of the defendants' deliberate indifference, prisoners

21 ire thereby subjected to cruel and unusual punishment in violation

22 f the Eighth and Fourteenth Amendments to the United States

23 onstitution.
24

SECOND CAUSE OF ACTION

25

99. Plaintiffs reallege and incorporate by reference

paragraph 1 through 58 and61 through 87.

1

100. By enforcement of the existing c l a s s i f i c a t i o n ,

2 :reatment, programming, the defendants deny plaintiffs their right

3

secured by the Fourteenth Amendment of the United States

Constitution.

THIRD CAUSE OF ACTION

6

101. Plaintiffs, reallege and incorporate by reference

7 paragraph 1 through 66 and 88 through 92.

o

102. By subjecting plaintiffs to the penile plethysmograph,

^nd to the other degrading, humiliating, bizarre and sadistic

practices employed in the Montana Sex Offender Program, the
10

iefendants needlessly inflict pain on the plaintiffs and wantonly
11

sxpose them to emotional and psychological pain and suffering, in
12

/•iolation of the Eighth Amendment to the U.S. Constitution.
13

further, these practices unjustifiably burden plaintiffs' exercise
14

their fundamental rights under the First, Fourth, Fifth, Ninth
15

m d Fourteenth Amendments, including the right to freedom from
16

:oerced speech; freedom from unreasonable searches and seizures
17

ind compulsory self-incrimination; freedom from outrageous and
18

shocking intrusions upon bodily integrity; and the rights to
19

substantive due process, privacy, andthe inviolability of one's
20

:houghts. 21
22

FOURTH CAUSE OF ACTION

23

103. Plaintiffs reallege and incorporate by reference

24 paragraph 1 through 66 and 93 through 96.

25

104. Defendants have discriminated against members of the

plaintiff class with physical or mental disabilities, by excluding

?IFTH AMENDED COMPLAINT

1 :hem from participation in, or denying them the benefits of, rograms, activities and services for which these plaintiffs are

qualified, or for which they would be qualified with reasonable

accommodation to their disabilities; and by failing to take 4
reasonable measures to make prison facilities readily accessible

o and usable by plaintiffs with impaired mobility and other

hysical disabilities. These acts and omissions violate the

ights of disabled plaintiffs under the Americans with

^Disabilities Act, 42 U.S.C. § 12101, et. sea.

CLAIMS FOR RELIEF 10

11

WHEREFORE, plaintiffs pray for the following relief:

12

1. That this Court determine that this action will be

13 naintained as a class action for the purposes of issuing

14 leclaratory and injunctive relief, such class consisting of all

15 )resent and future prisoners confined at the Montana State Prison

16 ind in the Warm Springs expansion unit.

17

2. That this Court declare:

18

a. that MSP is overcrowded and environmentally unsafe

19 .n violation of the Eighth Amendment of the United States

20 lonstitution;

21

b. that prevailing medical, mental health, and dental

22 )ractices subjects prisoners to cruel and unusual punishment in

23 violation of the Eighth Amendment of the United States

24 institution;

25

IFTH AMENDED COMPLAINT

1

c. that security at MSP and conditions in protective

2 ustody and Maximum Security violate the Eighth Amendment of the

3 (United States Constitution.

4

d. that there are inadequate program opportunities and

5 .that the prison classification, treatment and good time policies,

6 ,as written and applied, violate theFourteenth Amendment of the nited States Constitution;

8

e. that the prison sex offender program as written and

(applied violates the First, Fourth, Fifth, Eighth and Fourteenth

10 Amendments of the United States Constitution;

11

f. that the provisions of the Americans With

12 Disabilities Act are being violated;

13

g. that as a proximate result of the policies,

14 practices, procedures, and acts complained of herein, plaintiffs

15 lave suffered, continue to suffer and will suffer in the future

16 mmediate and irreparable injury, including physical and

17 )sychological injury, deprivation of liberty i n t e r e s t s and

18 iolations of their civil and statutory rights;

19

h. that plaintiffs have no plain, adequate or complete

20 emedy at law to redress the wrongs they have, are, or will

21 ;uf f er;

22

i . that plaintiffs will continue to be irreparably

23 njured by the policies, practices, procedures, and acts of

24 lefendant unless this Court grants injunctive and declaratory

25 relief.

IFTH AMENDED COMPLAINT

*)

3. That this Court issue a permanent injunction, enjoining
1
,the defendants, their agents, employees and successors:

a. from subjecting prisoners to cruel and unusual

punishment, and requiring the defendants to implement policies and

provide resources to remedy the violations and to review

iviolations when they occur;

b. from the enforcement of arbitrary classification,

.treatment, program and good time policies, and requiring that

those policies be written and applied in a manner consistent with

onstitutional requirements;
10

11

c. from the operation of the sex offender program;

12

d. from failing to conform with the requirements of

13 he Americans With Disabilities Act;

14

e. from continuing violations of constitutional and

15 tatutory rights as described herein and making continued

16 /•iolations of those constitutional rights punishable as contempt

17 )f Court.

18

4. That plaintiffs be awarded costs and attorney's fees for

19 :his action pursuant to 42 U.S.C. §1988 and any other appropriate

20 statute.

21

5. For such other and further relief as this Court may deem

22 just and proper.

23

24

25

•IFTH AMENDED CCMPLA:::?

1

DATED t h i s

ay of December, 1993.

2

3

4

Edmund F. Sheehy, Jr. Attorney at Law

5

CANNON & SHEEHY P.O. Box 5717

6

Helena, MT 59604 406/442-9930

7 ark J. Lopez

8

dward I. Koren ational Prison Project

9

f the American Civil iberties Union

oundation 10 'ashington, DC 20009

11 02/234-4830

Scott C. Wurster OGLE & WORM Attorneys at Law P.O. Box 899 Kalispell, MT 59903-0899 406/752-7550

12

CERTIFICATE OF SERVICE

13

This is to certify that the foregoing Fifth Amended Complaint

14 as duly served upon all parties of record by mailing a copy

15 zhereof, postage prepaid, to them or their attorneys at their

16 iddress set forth below on the ^O ~~ day of December, 1993.

17

P. Keith Keller

David L. Ohler

KELLER, REYNOLDS, DRAKE,

Dept. of Corrections &

18

JOHNSON & GILLESPIE

Human Services

38 South Last Chance Gulch

153 9 Eleventh Avenue

19

Helena, MT 59601

Helena, MT 59620-1301

20

21

Edmund F. Sheehy, Jr.

22

23

24

25

IFTH AMENDED COMPLAINT

 
 1 David L. Ohler Depar-menfc of Correction
2 and Human Services 1539 Eleventh Avenue
3 Helena, Montana 59601

4 P. Keith Keller Keller, Reynolds, Drake,
5 Johnson & Gillespie, P.C. 38' South Last Chance Gulch
6 Helena, Montana 59601 406-442-0230
7 Attorneys for Defendants

8

IN THE UNITED STATES DISTRICT COURT

DISTRICT OF MONTANA, HELENA DIVISION

9 **********

10 IN THE MATTER OF LITIGATION
11 RELATING TO CONDITIONS OF CONFINEMENT AT MONTANA
12 STATE PRISON

Cause No. CV 93-46-H-LBE

13

TERRY LANGFORD, ET AL,

Cause No. CV 92-13-H-LBE

14

Plaintiffs,

15

SETTLEMENT AGREEMENT

vs.

16

MARC RACICOT, ET AL.,

17

Defendants.

18

**********

19

20

I. THE TRANSACTION AND SETTLEMENT

21

1. History

22

This action was filed concerning conditions at Montana State

23 Prison. On about December 30, 1993, the Plaintiffs filed their

24 Fifth Amended Complaint and on January 14, 1994, the action was

25 certified as a class-action by the Court. References to the action

26 or the Complaint refer to the Fifth Amended Complaint.

1. SETTLEMENT AGREEMENT

Langford v. Racicot

PC-MT-001-002

1

2. Settlement

2!

This agreement is entered to settle claims made by the

3 Plaintiffs in the Fifth Amended Complaint as described in paragraph

4 4 below. The term "Plaintiffs-" means all class members as

5 certified by the Court in its Order of 14 January 1994.

6

3. No Admission of Liability

7

in negotiating for and entering into this settlement

8 agreement, the Defendants do not admit or concede that any of the

9 Plaintiffs' rights under the United States or Montana Constitutions

10 or under any other law or regulations, are currently being or have

11 been in the past violated at Montana State Prison (MSP).

12

4. No Additional Relief

13

Except as otherwise provided in this agreement, the Plaintiffs

14 shall not seek additional relief as to any claims for injunctive

15 and declaratory relief on all issues specifically agreed to by the

16 parties in this agreement, except to recover reasonable and

17 necessary attorneys' fees, expenses, and costs incurred, including

18 those in negotiating or in future enforcement of the settlement

19 agreement. It is understood that the Defendants may contest any

20 and all such fee claims.

21

5. Admissib,ilitv of Settlement Agreement

22

This settlement agreement shall not be admissible in evidence

23 in any proceeding or trial other than for the sole and limited

24 purpose of enforcement of the agreement, and except for purposes of

25 claim preclusion.

26

2. SETTLEMENT AGREEMENT

1

6. Construction of Agreement

2

This agreement is a document which all parties have negotiated

3 and drafted so the general rule of construction interpreting a

4 document against the drafter shall not be applied in future

5 interpretation of this settlement agreement.

6

7. Substantial Compliance

7

The Defendants shall be deemed to be in compliance with the

8 terms of this agreement when they have substantially complied with

9 it. Incidents of non-compliance do not necessarily prevent a

10 finding of substantial compliance.

The determination of

11 substantial compliance shall take into account the extent to which

12 exceptions to substantial compliance are sporadic or isolated in

13 nature, are unintentional/ are the temporary result of actions by

14 member of the Plaintiff class, and are addressed by corrective

15 action.

*

16

Provided that the Defendants make reasonable efforts to hire

17 professional staff and to fulfill the obligations of this

18 agreement, the inability to recruit professional staff shall not be

19 grounds for the Plaintiffs to seek an order of contempt of court.

20 The Plaintiffs, however, may seek a specific enforcement order or

21 other relief from the court to obtain compliance. For purposes of

22 this paragraph, professional positions are those of medical, dental

23 and mental health providers.

24

8. Emergencies

25

It may be necessary to temporarily suspend any provision of

26 this agreement in the event of an emergency. An emergency is an

3. SETTLEMENT AGREEMENT

1 event which makes the terras of this agreement impossible or

2 extraordinarily difficult, and is caused by riot, fire, weather

3 events, act* of God, warfare, strikes, labor disputes, or similar

4 events, not caused intentionally by the Defendants, their agents, 5 or employees.

6

Should the State Legislature take action making compliance

7 with the terms of this agreement impossible it shall not be grounds

8 for the Plaintiffs to seek an order of contempt of court. The

9 Plaintiffs, however, may seek a specific enforcement order or other

10 relief from the court to obtain compliance.

11

9. Modification

12

The parties recognize that change of some conditions or

13 practices may reduce the necessity of change of other conditions or

14 practices. The parties recognize that the Defendants are entitled

15 to substantial deference in their decision on how to improve

16 conditions. Therefore, the parties agree that it may be

17 appropriate that this agreement be modified from time to time.

18 After six months of operation under this agreement, the Defendants

19 may move to modify any portion of it. On a showing by Defendants

20 that such proposed modification will still adequately protect the

21 constitutional rights of the inmates the proposed amendment shall

22 be approved; provided that the modification insures substantially

23 the same level of rights and services as provided in this

24 agreement. Other modifications may be requested by Defendants

25 earlier but will be granted only on a showing of substantial

26

4. SETTLEMENT AGREEMENT

lj hardship and that granting of the modification will not jeopardize

2 any of the constitutional rights of the inmates.

3

In addition, either party may seek modification of this

4 agreement under any circumstance allowed in Rufo v. Inmates of

5 Suffolk County. 502 U.S. , 112 S.Ct. 748, 116 L.Ed.2d 862, 867

6 (1992), and cases decided pursuant to its guidelines.

7

In addition, the Plaintiffs may seek modification on a showing

8 that conditions at MSP have deteriorated substantially from the

9 time when the complaint was filed.

10

10. Suspension of Discovery

11

From the date of approval of this agreement during the time

12 period covered by it, Plaintiffs and their counsel will not proceed

13 with litigation or discovery in either state or federal court on

14 the subjects addressed by the complaint and by this agreement.

15 Discovery in this action will be suspended. The suspension of

16 discovery will not preclude the Plaintiffs' counsel from meeting

17 with the Plaintiff inmates. Should the Defendants fail to comply

18 with this agreement, the Plaintiffs may revive this action,

19 including undertaking discovery, in accordance with the provisions

20 of paragraphs II, 5, and III, Continuing Jurisdiction.

21

11. Periodic Reports

22

Not leas than quarterly following the approval of this

23 agreement, the Defendants will report to Plaintiffs' counsel the

24 status of implementation of this agreement. It is the expectation

25 of the parties that the Defendants will comply with this paragraph

26 by providing copies of the monthly reports from the Bureau Wardens

5. SETTLEMENT AGREEMENT

1 to the Division Administrator deleting personnel masters. It is

2 understood that such reports will be held confidential by 3 Plaintiffs' counsel.

4

II. SUBSTANTIAL COMPLIANCE

5

1. Time for Compliance

6

Unless otherwise specifically provided, Defendants shall have

7 one year from the Court's approval of this agreement to come into

8 substantial compliance with its terms.

9

2. Selection of Impartial Experts

10

Defendants' substantial compliance with the terms of this

11 agreement will be assessed by not more than two impartial experts.

12 The impartial expert in general penal conditions will be selected

13 jointly by Plaintiffs' and Defendants' experts.

14

The parties agree that Defendants' expert, Ronald Shansky,

15 M.D., will be the impartial expert for judging substantial

16 compliance with medical, dental, and mental health provisions.

17

The Defendants' expert will be:

18

General Conditions - Gary Deland.

19

The Plaintiffs' expert will be: General Conditions - Eugene

20 Miller.

21

If the conditions experts cannot agree on an impartial

22 conditions expert, and the parties cannot agree on an impartial

23 conditions expert:, they may request the Court appoint an impartial

24 conditions expert.

25

26

6. SETTLEMENT AGREEMENT

3» Determining Compliance

2

Approximately six months after i:he court's approval of this

3 agreement, the Defendants shall arrange for the impartial experts

4 to conduct on-site visits of MSP. On-site visits will be up to two

5 days duration. All expenses and costs associated with the work of

6 the impartial experts shall be paid by the Defendants. The cost of

7 such on-site visit shall not exceed $4,000.00. Each party may

8 select a designee to accompany each impartial expert during the on-

9 site visit. Each impartial expert may review all documents not

10 otherwise privileged, speak with any Defendants or staff member at

11 MSP, and may engage in private conversations with any class member.

12 Each such expert shall abide by all Court Orders regarding

13 confidentiality of prison files. Each such expert shall prepare a

14 written report of his or her findings within 30 days of each on-

15 site visit, and send a copy to Plaintiffs' counsel and Defendants'

16 counsel. The report shall include a statement indicating whether

17 or not the Defendants are making satisfactory progress in the

18 opinion of the monitors toward substantial compliance.

19

Approximately twelve months from the date of the court's

20 approval of this agreement, the Defendants shall arrange for a

21 second set of on-site visits. These visits shall be conducted in

22 accordance with, the same terms as the initial visit. The report of

23 each expert shall include a statement indicating whether or not the

24 Defendants are in substantial compliance.

25

If after the initial site visit the impartial experts report

26 that in their opinion the Defendants are not making satisfactory

7. SETTLEMENT AGREEMENT

1 progress toward substantial compliance, the Plaintiffs can seek

2 appropriate relief frcm the court.

3

4. Earlv Substantial Compliance

4

In the event Defendants' believe they are in substantial

5 compliance before the expiration of the one (1) year following the

6 Court's approval of this agreement, Defendants shall notify the

7 impartial experts and Plaintiffs' counsel in writing and the

8 impartial experts will conduct an on-site visit and report as noted

9 in paragraph 3 above. Defendants may seek a finding of partial

10 early substantial compliance as noted in paragraph 5 below.

11

5. Dismissal on Substantial Compliance

12

Should the impartial experts find the Defendants have achieved

13 substantial compliance/ the impartial experts shall make one (1)

14 final on-site visit at the end of four (4) months following the

15 impartial experts' finding of substantial compliance. The

16 impartial experts' final on-site visit will be conducted according

17 to paragraph 3 above.

18

If, after the final on-site visit, the impartial experts find

19 the Defendants are still in substantial compliance, Defendants'

20 counsel may submit the impartial experts' reports to the Court and

21 request an early dismissal of the action.

22

If the-impartial experts' reports the Defendants have not

23 achieved substantial compliance, the provisions regarding

24 continuing jurisdiction will become effective.

25

Either party may disagree with the impartial experts' reports

26 and seek relief by appropriate motion from a report of or against

8. SETTLEMENT AGREEMENT

1 substantial compliance. The impartial experts' reports will be

2 considered as evidence, but not be binding on the Court which will

3 make the final determination of substantial compliance. The

4 parties may undertake discovery before the matter is submitted to *

5 the court.

6

Should the impartial experts report substantial compliance in

7 some areas but not others, Defendants may seek dismissal of

8 portions of the action relating to those areas with which they

9 substantially comply.

10

III. CONTINUING JURISDICTION

11

1. Term; Burden of Proof

12

The Court shall retain jurisdiction over this action until a

13 period of four (4) months after the first report of substantial

14 compliance is reported for the purpose of enforcing the provisions

15 of this agreement. In the event of any motion for an order to

16 obtain relief based upon Defendants' alleged non-compliance,

17 Plaintiffs must establish by a preponderance of the evidence that

18 Defendants' failures or omissions to meet the terms of this

19 agreement are not minimal or isolated, but are substantial and

20 widespread.

21

2. Non-Compliance

22

Should the plaintiffs establish that the Defendants are not in

23 substantial compliance, as set forth above, Plaintiffs may only

24 seek the following relief from the Court:

25

a. An order requiring Defendants to file "Progress Reports"

26 and continue the on-site visits by the impartial experts for the

9. SETTLEMENT AGREEMENT

1 sites or functions found to be out of compliance at such intervals

2 as may be appropriate;

3

b. An order extending the compliance period, but only for

4 the sites or functions found to be out of compliance and by no more

5 than one (1) year increments;

6

c. An order extending its jurisdiction over this action, but

7 by no more than four (4) months beyond the date that Defendants are

8 in substantial compliance with this agreement; or

9

d. An order seeking specific performance, or other relief,

10 but not an order holding any Defendant in contempt or imposing a

11 fine on any Defendant.

12

Defendants shall bear the costs of any additional on-site

13 visits required by Defendants' non-compliance with this agreement.

14

IV. DISPUTE RESOLUTION

15

In the event a dispute arises as to whether Defendants have

16 failed to substantially comply with the terms of this agreement,

17 counsel for the parties shall proceed as follows:

18

a. Counsel for the parties shall make a good faith effort to

19 resolve any difference which may arise between them over matters of

20 compliance. Prior to the initiation of any proceeding before the

21 Court to enforce the provisions of this agreement, Plaintiffs'

22 counsel shall notify Defendants' counsel in writing of any claim

23 that Defendants are in violation of any provision of this

24 agreement.

25

b. Within twenty (20) business days of the receipt of this

26 notice, counsel for Plaintiffs and Defendants shall meet in an

10. SETTLEMENT AGREEMENT

1 attempt to arrive at an amicable resolution of the claim. If after

2 twenty (20* business days following such meeting, the matter has

3 not been resolved, Defendants' counsel shall be so informed by

4 Plaintiffs' counsel, in writing, and Plaintiffs may then have due

5 recourse to the Court.

6

V. TERMS ADDRESSING SUBSTANTIVE ALLEGATIONS

7

The terms and conditions of this part of the agreement are

8 couched in terms of future acts. The Defendants contend that they

9 have implemented many of the terms contained in this part of the

10 agreement, a contention with which the Plaintiffs do .not

11 necessarily agree. The use of prospective terms in this portion of

12 the agreement is without prejudice to the Defendants' claims that

13 the programs described have already been implemented.

14

SECTION 1 - MEDICAL

15

A. Medical Director - The Defendants agree to appoint a

16 Medical Director who is responsible for making recommendations for

17 the development of medical policies and procedures which, when

18 adopted, will be largely in compliance with the National Commission

19 on Correctional Health Care Guidelines as they currently exist

20 except as otherwise provided in this agreement. These policies and

21 procedures would include, but not be limited to, such issues as

22 quality assurance, programs for chronic care, special-needs

23 inmates, admission to and administration of the infirmary, and a

24 peer review of the practitioners who are contracting with the State

25 of Montana. The Medical Director shall be responsible for imple-

26 raenting the medical policies and procedures, as well as the duties

11. SETTLEMENT AGREEMENT

| set forth in Exhibit A. Day-to-day supervision and management 2 would be provided by a manager contracted by the Defendants.

3

B. Physicians - Defendants shall ensure that, in addition to

4 the Medical Director/ one or more licensed physicians shall provide

5 medical services as described in Exhibit B. Additionally,

6 Defendants shall ensure two (2) physician assistants or the

7 equivalent, each on a 40-hour week.

8

C. Nurses - Defendants shall provide adequate nursing staff

9 to cover sick call, the chronic care program, patient follow-up,

10 and to be responsive to any routine or emergent medical situation

11 which may arise on a day-to-day basis. Defendants shall ensure 24-

12 hour nursing coverage of the infirmary.

13

D. Nursing Protocols - Defendants shall establish and

14 implement standing orders or protocols for the treatment of common

15 conditions by nurses performing sick 'call. Such standing orders

16 shall be reviewed and approved by the prison Medical Director.

17

E. TB Screening - Defendants shall conduct TB screening of

18 inmates in conformance with Center for Disease Control Guidelines.

19 Most notably, this shall include a skin-test (PPD) of each inmate

20 upon entry (except any inmate providing documentation of already

21 testing positive for TB), to be administered and read by

22 appropriately trained personnel and recorded in the inmate's

23 medical record. Any inmate with positive skin-test reactions, or

24 with symptoms suggesting TB (e.g., cough, anorexia, weight loss,

25 fever), should be provided a chest x-ray within 72 hours of the

26 skin-test reading or identification of symptoms. Further, all

12. SETTLEMENT AGREEMENT

Ij inmates with negative skin-tests shall be administered a ie 2 skin-test oo. an annual basis.

3

F. Intake Screening - Defendants shall conduct an intake

4 screening of each incoming inmate within 24 hours of admission,.

5 excluding weekends and holidays. The screening shall entail

6 conducting a preliminary history and physical, including the taking

7 of vital signs. Initial assessments shall be performed by nursing

8 staff, and for every inmate shall be followed with a comprehensive

9 physical examination to be completed by a physician assistant

10 and/or a physician. Such physical examination shall be completed

11 within the first 14 days of an inmate's admission into the prison.

12 At the discretion of MSP health officials, returnees within one (1)

13 year of their last separation may be exempted from the PE

14 requirements.

15

G. Sick Call - Defendants shall 'conduct a daily sick call,

16 except weekends and holidays. The sick call clinics shall be

17 conducted in the satellite (out-patient) infirmaries by an on-site

18 nurse and/or physician's assistant. In conducting these"clinics,

19 health care staff shall utilize triage protocols and shall ensure

20 all appropriate follow-up care is provided. Further, Defendants

21 shall ensure all inmates are seen at sick call, by a nurse and/or

22 physician's assistant, within 48 hours of their submission of a

23 request for health care services.

24

H. Sick Call/Maximum Security - Defendants shall conduct

25 daily sick call, except weekends and holidays, in the Maximum

26 Security Unit, with assessments to be done by the nursing staff and

13. SETTLEMENT AGREEMENT

1| appropriate foilow-up care to be provided on a day-co-day basis.

2 The.Defendants- shall provide an examination area within the Maximum

3 Security building that is properly equipped and lighted for

4 physical examinations and assessments, excluding weekends and 5 holidays.

6

I. Patient Referrals - Defendants shall schedule referrals to

7 primary care physicians according to clinical priority, but

8 patients needing to see a physician shall be seen in no more than

9 five (5) days. Patient referrals to specialists outside the prison

10 shall be made by physicians timely, subject to review by the

11 facility's medical review panel in appropriate cases. Medical

12 Review Panel decisions shall be made consistent with DOC's level of

13 therapeutic care policy number 528 attached as Exhibit C.

14

J. Over-the-Counter Medications - Defendants shall revise the

15 current over-the-counter medication policy and implement such

16 revised policy so that any over-the-counter medication that is

17 authorized by a licensed health care provider shall be provided by

18 the Defendants for the period of time recommended by the health

19 care provider, and in any other instance over-the-counter

20 medications shall be available for purchase to the inmate

21 population through the canteen. The policy shall set forth under

22 what conditions or circumstances over-the-counter medication is

23 considered medically indicated. It is the expectation of the

24 parties that over-the-counter medications shall be provided for

25 common ailments when medically appropriate.

26

14. SETTLEMENT AGREEMENT

1

K. Annual Physical3 - Defendants shall develop and implement

2 a policy to ensure all inmates over the age of 50 shall be offered

3 a physical exam annually, and all inmates over the age of 40 shall

4 be offered a physical exam bi-annually.

5

L. Medication Distribution - with respect to distribution of

6 medication, Defendants shall comport with state law and the

7 Administrative Rules of Montana - Board of Nursing Guidelines.

8

M. Chronic Care Patients - Defendants shall develop and

9 implement a program for the care of chronic care inmate/patients.

10 The chronic care provided shall entail a clinic or examination for

11 each chronic care patient at least once every four (4) months, and

12 at greater intervals where medically indicated. Inmates who are

13 considered to be chronic care patients shall include, but not be

14 limited to, inmates who are: diabetic, asthmatic, HIV+, TB+,

15 hypertensive, and epileptics.

16

N. Eve Care - The Defendants shall provide eyeglasses to

17 those inmates who need them. Should an inmate break his eyeglasses

18 through no fault of his own, the same shall be replaced at

19 Defendants' expense. If an inmate's eyeglasses are broken through

20 the inmate's fault, the Defendants shall replace the eyeglasses at

21 the inmate'3 expense, provided that should an inmate be indigent,

22 as defined^ in the indigency policy, the Defendants shall

23 nevertheless replace the inmate's eyeglasses, billing the cost to

24 his account. The Bureau Warden shall have the discretion to

25 determine whether or not to replace an indigent inmate's eyeglasses

26 more than one (1) time in one (1) year.

15. SETTLEMENT AGREEMENT

1

SECTIOH 2 - DENTAL

2

The Defendants shall provide adequate dental care to its

3 inmate population.

4

A. Dentist - Defendants shall retain or contract for dental

5 staff who shall provide adequate dental services within 60 days of

6 any routine or non-urgent request made regarding dental health care

7 within the institution. If Defendants cannot provide such

8 services within 60 days, Defendants shall add additional resources

9 so as to reduce the inmate waiting period to within 60 days.

10

B. Emergency Dental Care - The Defendants shall ensure timely

11 provision of emergency dental care to inmates.

12

C. Elimination of Backlog - Defendants shall contract with

13 health care providers to eliminate the backlog of requests for

14 dental health care. The backlog shall be eliminated within one (1)

15 year of the date of the signing of this agreement. In the process

16 of eliminating the backlog, the Defendants shall prioritize cases

17 according to clinical priority. The Defendants shall re-evaluate
•v
18 the current level of staffing once every six (6) months to

19 determine if additional dental staff is needed. Once the backlog

20 has been eliminated, the Defendants shall initiate a program to

21 provide dental hygiene services.

22

SECTXOK 3 - MENTAL HEALTH

23

The Plaintiffs' mental health expert, Jeffrey Metzner, M.D.,

24 and the Department of Corrections and Human Services psychiatrist,

25 David Schaeffer, M.D., shall recommend a plan to the parties for

26 provision of mental health care services to the inmate population

16. SETTLEMENT AGREEMENT

lj at MSP. MSP shall have a psychiatrist more than half time (more

2 than 20 houra- per week) to provide clinical and administrative

3 leadership, aa well as treatment. If the doctors cannot agree on

4 recommendations, the matter shall be submitted to the parties under

5 the dispute resolution provisions of this agreement.

6

SECTION 4 - OVER-CROWDINQ PHYSICAL PLANT

7

A. Out of Cell Time - As used in this agreement the term

8 "general population" or "general population inmates" means inmates

9 of Montana State Prison who are housed inside the prison security

10 perimeter fence and specifically excludes inmates in maximum

11 security, reception, temporary lock-up, detention, disciplinary

12 restriction, or patients in the infirmary. The Defendants agree to

13 provide the opportunity for all inmates in general population to

14 spend at least eight (8) hours out of cell time on a daily basis.

15

B. Preventive Maintenance - The Defendants agree to

16 establish and maintain a preventive building maintenance program.

17

c. Work Orders on Housing Units - The Defendants agree to

18 make work orders affecting the housing units and pertaining to a

19 violation of public health codes and/or fire safety codes priority

20 projects, and the Defendants will respond to them within 48 hours,

21 weekends and holidays excepted.

22

D. Compliance With Building Codes - The Defendants agree to

23 comply with State building, Public Health and Fire Codes.

24

SECTION 5 - CLASSIFICATION AND TREATMENT

25

A. Objective Classification - The Defendants agree to

26 implement an Objective Classification System largely in compliance

17. SETTLEMENT AGREEMENT

1 with that prepared by Trisha L. Hardyman of the National Council on

2 Crime and: Delinquency of December, 1993 for the Department of

3 Corrections? and Human Services, and which is currently in force.

4

B. Coordination With Parole Board - The Defendants agree to

5 work with the Parole Board in coordinating the development of

6 treatment plans for all Reception inmates, if admission occurs more

7 than one year from the date of last separation.

8

C. Annual Review of Treatment Plans - The Defendants agree

9 to conduct annual reviews of treatment plans for the inmate

10 population.

11

D. Priority for Treatment Programs - The Defendants agree to

12 give priority for access to treatment programs to inmates who are

13 nearest to parole eligibility and to inmates who have parole

14 conditioned on their completion of specific treatment programs.

15 The Defendants will keep rosters of parole eligibility requirements

16 and projected discharge dates to prioritize enrollment.

17

E. Disciplinary Handbook - The Defendants agree to develop,

18 implement and make available for all prisoners a disciplinary

19 handbook that describes offenses, penalties, and proceedings

20 relative to the disciplinary process.

21

F. Temporary Lockup in Maximum Security - The Defendants

22 agree that any temporary lock-up situation that would place an

23 inmate in Maximum Security must receive prior approval from the

24 Unit Manager and/or his designee (the next person in the chain of

25 command) or higher authority prior to placement in the Maximum

26 Security Building. The Defendants also agree that a due process

18. SETTLEMENT AGREEMENT

1 hearing will occur within 72 hours (except weekends and holidays)

2 unless additional investigation is needed to complete the case.

3 The Defendants agree not to transfer any inmate to Maximum Security

4 based solely on information obtained from a single confidential

5 informant.

6

SECTION 6 - SECURITY

7

A. NIC Recommendations - The Defendants agree to implement

8 those listed recommendations of the NIC Audit Team in Exhibit D.

9

B. Intercom - The Defendants agree to repair and maintain an

10 all-unit intercom or similar system within the housing units inside

11 the perimeter security fence at Montana State Prison.

12

C. Supervision and Training - The Defendants agree to

13 provide appropriate supervision and security for the population of

14 Montana State Prison consistent with the mission and quality

15 management philosophy. Defendants shall insure provision of a

16 staff training program for corrections officers both pre-service

17 and in-service.

18

SECTION 7 - MAXIMUM SECURITY

19

A. Use of Force and Follow-up - The Defendants agree to

20 maintain and adhere to Department of Corrections and Human Services

21 use of force policy number 09-010 and MSP's Maximum Security

22 policy.

23

B. General Population Maximum - Inmates who have moved

24 satisfactorily through the stratification system within the Maximum

25 Security Unit and have spent 60 days on Level IV with clean

26 conduct are eligible for consideration as "Maximum Security-General

19. SETTLEMENT AGREEMENT

1 Population" (GP Max). The determination whether an inmate is

2 classed as GP Max is in the discretion of the Maximum Security Unit

3 Management Team. Inmates classified as GP Max will be allowed at

4 least 26 hours out-of-cell per week, including one meal per day

5 outside the cell, and X 1/2 hours of recreation time every other

6 day. It is the expectation of the parties that some inmates in

7 this classification may be able to be outside the Maximum Security

8 building but within the Maximum Security compound to perform work

9 or recreation.

10

C. Programs in Maximum - The Defendants agree to preserve

11 the current stratification program and offer inmates in the Maximum

12 Security Unit cell study and Anger Management.

13

D. Mental Health in Maximum - The Defendants agree to

14 conduct mental health rounds on a weekly basis in the Maximum

15 Security Unit.

16

SECTION 8 - 6000 TIME

17

A. Revision of Good Time Statutes - The Administrator of the

18 Corrections Division and Director of the Department of Corrections

19 and Human Services agree to recommend to the Governor legislation

20 in 1995 establishing a day-for-day good time allowance. In the

21 event such legislation fails, the Defendants will work jointly with

22 Plaintiffs to issue a memorandum to the population describing the

23 good-time policy and explaining the nuances relative to this policy

24 and to develop a simplified format for calculating good-time. If

25 the parties are unable to agree on the memo or the format this

26

20. SETTLEMENT AGREEMENT

1 issue shall be severed and dismissed without prejudice to its

2 refiling. „_..

3

B. Request for Additional Administrative Staff - The

4 Defendants agree to make a request for additional administrative

5 staff to perform the work required of the Records Department.

6

SECTION 9 - ASA COMPLIANCE

7

Defendants shall ensure that inmates with disabilities are not

8 excluded from participation in, or denied the benefits of housing,

9 services, facilities and programs because of their disabilities.

10

The Defendants shall develop and implement plans to integrate

11 the disabled inmates into the mainstream of the institution.

12

13 STATE OF MONTANA

DEPARTMENTAL CORRECTIONS

14 AND H

ES

1539/11 AvenuV

15 Hel

ntana/59601

16

17

18 DATED:
19 TERRY LANGFORD, ET AL.
20 BY: 1+ L,,_,WV_
21 Mark J. Lopez __ National Prison Project ACLU
22 1875 Connecticut Avenue, NW Washington, DC 20009
23 For the Plaintiffs
24 DATED: / G ) 3- f
25

David L. Ohler Department of Corrections
and Human Services 1539 11th Avenue Helena, Montana 59601
David L. Ohler Attorney for Defendants
D A T E D :/"/j-*f/i'y
T
Keller, Reynolds, Drake, Johnson & Gillespie, P.C.
38 South Last Chance Gulch
I. Helena, Montana 596.01,
Eelier" Attorne for Defendants
DATED:

26

21. SETTLEMENT AGREEMENT

1 2
Edmund P. Sneehy, Jr. Cannon & Shheeny p. 0. Box 5717 Helena, Montana 59604-5717 5 DATED: 6
Scott C. Wurster '^ \ -T / 8 Attorney at Law ' t ' - N - - / rL "•"'l\
P. 0. Box 899 Kalispell, Montana 59903-0899 10 DATED: 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26
22. SETTLEMENT AGREEMENT

EXHIBIT "A"
Duties- of Medical Director as defined in contract of August 4, 1994.
To develop quality assurance plans which may include, but are not limited to, medical audit and medical chart review procedures, develop written medical protocols which may include, but are not limited to, medical specialty referral procedures, nursing and midlevel provider duties, and provide effective medical oversight and medical administration which will result in improving the quality and effectiveness of the delivery of health care ac the Montana State Prison Infirmary through the Montana State Prison HMO. The Director shall also serve as liaison between any contract, infirmary management and the Department of Corrections & Human Services in matters concerning medical administration issues. The Medical Director shall also serve as preceptor for any physician assistants employed by the Department at Montana State Prison Infirmary.

EXHIBIT "B"

Responsibilities of Physicians as defined in contract-, of

July 29, 199*.

~

To provide medically adequate primary health care services to the patients, including:

(a) completion of appointments as scheduled;

(b) on-call services shall be provided as part of 24-hour health care;

(c) if an inmate's custody status precludes his attendance at the Infirmary, physician shall provide services at the inmate's unit and/or at a satellite infirmary;

(d) the Primary Care Physician shall be responsible for coordinating, directing and managing the inmate's total health care needs, including referral for nonprimary care services. The physician shall be expected to treat inmate patients and Infirmary staff with professionalism and respect. PCP services include, but will not necessarily be limited to:

1) examining and treating inmate patients on sick call at the MSP Infirmary;

2) ordering prescription medication through the Department's pharmacy contractor, HPI;

3) prescribing diet, and other ancillary services as may be appropriate;
4) ordering laboratory tests and analyses, and x-ray services as may be appropriate;

5) performing minor surgery, administering local anesthetics;

6) where determined medically appropriate, ordering inpatient and/or outpatient hospital care and services and in such circumstances assure continuity of care by following patient through their inpatient and/or outpatient status at PCMH and on patient's return to Infirmary;

7) consulting with the contractor's Medical Director concerning cases which in the opinion of the PC?, may require referral to a medical specialist and a hospital setting other than PCMH;

1.

8) preparing a referral form for cases which require services fay a nonprimary care specialist physician or other licensed health care professional;
9) giving direction and instruction to infirmary nursing personnel;
10) providing chronic care monitoring for those inmates who in the PCP's opinion require regular monitoring for e.g., diabetes, asthma, hypertension, the frequency of which will be determined by patient health status and the opinion/recommendation of the PC?;
11) completing patient encounter documentation which is sufficient to meet HCFA 1500 requirements; encounter data shall be transmitted by the contractor to the Department's agent, 3CBSM, using the HCFA 1500 electronic claim format;
12) maintaining clinical records of all patient contacts according to medical record standards and requirements.
(e) All PCP's will participate in a preservice training program provided by the Department to ensure they are familiar with operational protocol of Montana State Prison.
(f) All PCP's agree to serve as alternate preceptors to the Department's P.A-'s.
2.

Department of Corrections and Human. Services Policies and Procedures for Corrections (Division
Signature of Responsible Person

Poiicy Subject:

L£VEL OF THERAPEUTIC CARE

Original Policy Yes IX] No ( )

Elective Oate

Revision Data

Date

Revision Oate

Page 1
of 4
Pages

Policv Slo. 523

POLICY:

The oolicy of the Montana Corrections Division is to provide those health care services that preserve and maintain :he he3i:n status of inmates during incarceration. The level of health care service provided by the Corrections Oivision will be consistent with the standard for such services in the community. This means that health care procedures will be conducted in a clinically appropriate manner and setting by qualified personnel.
PROCEOURS:

A. Levels of Car*

1. Medical care and treatment is prioritized into levels with authorizations for each level specified:

a.

Medically Mandatory: Level 1: routinely provided to all inmatas by the Corrections Oivision. Authori;3t:on

by any health services start and in an emergency situation, by any authorized staff of the facility.

b.

Presently Medically Necessary; Level 2: may be provided to Montana Corrections Oivision inmates sucjec:

to periodic utilization review and authorization by a Corrections Oivision prescribing practitioner.

c.

Medically Acceptable but not Medically Necessary: Level 3: provision of services to inmates will be decidaa

on a case by case basis.

o

Acute/On-site • Authorized by attending practitioner and/or Chief Medical Officer,

o

Chronic/Gff-site - Authorized by Medical Review Panel.

d.

Qf Limited Medical Value; Level 4: generally will not be provided to inmatea by the Corrections Division.

2. Recommended elective medical or surgical procedures or therapies must be reviewed by the Medical Review ?arai. If a delay in treatment would cause irreparable harm, excessive risk or be in clear violation of sound ~r.ec•en principles, the review may be conducted after treatment has been initiated.
3. The levels of care are general categories of diagnosis, therapies and procedures. In some cases, additional 'actcrs may need to be considered in deciding whether or not the Corrections Oivision will provide a given procedure :r therapy.

4.. Access of an inmate to adequate diagnosis and review by appropriate medical personnel is essential and is no: abridged by this policy.
5. The final authority in all review appeals will be the Oirector of the Department of Corrections and Human or his designeels) in consultation with appropriate medical personnel.

EXHIBIT"-£Jf

3. Gaf'fiirion of Levels of Care and Treatment ?nd Authorization To aroc5gct. 1. Medically Mandatory? Level 1

a)

Definitions- Car* that is essential to life and health, without which raoid deterioration may be an axoected

outcome and where medical surgical intervention makes a very significant difference and/or has a very nicn

COSt effectiveness. Examples include but are not limited to:

1) . -Acute problems, potentially fatal, where treatment prevents death and allows full recovery, a.3. appendectomy for appendicitis, arterial and venous lacerations, myocarditis, myocardial infarction, etc.

2)

Acute problems, potentially fatal, where treatment prevents death but does not necessarily allow

for full recovery, including burn treatment, treatment for severe head injuries, myocardial infarction.

3)

Maternity care, including monitoring, delivery, hypertension of pregnancy, etc.

b)

Authorization: Any health service staff and in an emergency situation by any authorized staff of :,-«

facility.

c)

Medically mandatory care is frequently urgent or emergency care and as such is best initiated by medic3i

personnel at the time of intervention and is routinely authorized, provided and paid for by the Corrections

Oivision.

2.

Presently Medically Necessary: Level 2

a)

Definition: Care without which the inmate could not be maintained without significant risk of furner

serious deterioration of the condition, significant reduction of the chance of possible repair after reieasa :r

without significant pain or discomfort. Examples include:

1)

Chronic, usually fatal conditions where treatment improves life span and quality of life, indudirc.

medical management of insulin dependent diabetes meilitus. surgical treatment for treatable car.car

of the uterus, medical management of asthma, hypertension.

2)

Comfort care such as pain management and hospice type care for the end stage of diseases suc.i

as cancer and AIOS.

3)

Essential preventive care for adults, including mammcgrams, pap smears, tuberculosis screening.

4)

Acutt non-fatal conditions where treatment may prompt a return to previous state of health.

including medical treatment of various infectious disorders.

5)

Acut« no -fatal conditions where treatment allows the best approximation of return to arsvicus

health including relocation of dislocated elbow, repair of cornea! laceration.

b)

Authorization:- Any Corrections Oivision prescribing practitioner. Subject to periodic review and limitation

by the Medical Review Panel.

c)

Level 2: Presently Medically Necessary care, when not of an emergency nature, should undergo aericdic

utilization review for appropriateness but in general will be routinely provided and paid fcr zy ;re

Corrections Oivision.

3.

Medically Acceptable but not Medically Necessary: Level 3

a)

Definition: Care for non-fatal conditions where treatment may improve the quality of life for the pai-erc.

including but not limited to routine non-incarcerated hernia! repair, treatment of non-cancerous skin :&s.cr.s.

b)

Authorization:

1)

Medical and surgical procedures and therapies which can be appropriately completed on premises

in a routine clinic and are within :he skills of the attending physician may i s offered at the

discretion of the artending practitioner and/or Chief Medical Officer.

2)

Off-site procedures and therapies for chronic diseases if deemed appropriate for treatment by the

Chief Medical Officer or attending practitioner, may be referred to the Medical Review Panel for

* consideration prior to authorization.

c)

Clinical Review:

1)

Medical Review Referral Form, must be completed by the assigned medical authority or designee

and submitted to the Medical Review Psnel for clinical review. Factors that will be considered when

deciding if a clinical service should be provided include:

i.

Tha urgency of the procedure and the length of the inmate's remaining sentenced stay, i.e.

length of time for rehabilitation and follow-up necessary for projected recovery.

it.

Whether the surgery/procedure couid be or could not be reasonable delayed without causing

a significant progression, complication, or deterioration of the condition and would not

otherwise be in clear violation of sound medical principles.

iii.

The necessity of the procedure/therapy:

a.

Any relevant functional disability and the degree of functional improvement to ce

gained.

b.

Medical necessity • the overall morbidity and mortality of the condition if art

untreated.

'

iv.

Pre-existing conditions, whethertheconditionexistedpriortotheinmate'sincarceration and

what kind of treatment was previously obtained or where treatment was not obtained Drier,

the reasons for not obtaining treatment. The inmates unwillingness to release :Ms

information shall operate as a waiver of the requested surgeries.

v.

The probability the procedure/therapy will have a successful outcome given relevant r

vi.

Alternative therapy/procedures which may be appropriate.

vii. Patient's desire for the procedure and the likelihood of the patient's cooperation r treatment efforts.

vtSL Risk/Benefits if known,

ix.

Cost/8«nefits if known.

4.

Limited Medical Value: Level •

a)

Definition: Care that is appropriate to certain individuals but significantly less likely to be cost ar^

or to produce substantial long term gain. This includes treatment of minor conditions where •ja-

merely speeds recovery, where treatment gives little improvement in quality of iif«. offers minimal oa^

of symptoms, or is primarily for the convenience of the individual. Examples include but are not iim-.i

Tatoo removal, minor nasal reconstruction, oral aphthous ulcers, elective circumcision. cc.r cold, surgery for gynecomastia.

b>

Win nor be authorized by the Corrections Oivision as lack of this level of cara doss not apply to the b

hea<th of an inmate.

5.

Exceptions

a)

There will be occasions when the level of cara of a certain disorder will be unclear or whan ;t is not

appropriate to apply the levels of care to an individual patient.

b)

Any indtviduai case or proposed therapy can be reviewed for appropriateness, second opinion, approval or

denial of coverage by submitting a 'Medical Review Referral Form' to the Medical Review Panel.

6.

Inmate or Third Party Liability

a)

Insurance or other third party resources including workers compensation benefits will be utilized as the

resources of first resort. (Inmate personal liability may be imposed when it is determined that injury or

medical condition occurred prior to incarceration (level 3).)

7.

When an inmate wants to choose a physician and arrange to pay the physician through insurance or other

resources:

a)

Refer to the Medical Review Panel

b)

Medical Review Panel reviews the source of payment, and reasons another physician is sought, credentials

of physician to whom the inmate has been referred and determines if referral is appropriate.

c)

If authorized by the Medical Review Panel, charges must be prepaid or insurance company involved r.ust

acknowledge in writing, inmate status of patient and assurance the procedures will be fully said, n

addition, inmate must pre-pay costs of transportation to physician's office, clinic, hospital, or other ;omt

of service, and all costs of security, including staff time.

CHIEF MEOICAL OFFICER OIVISION ADMINISTRATOR OIRECTOH OF 06SIGNEE

OATS DATE OATE

EXHIBIT "D"

October 13, 1994

In section XII of its report, Riot at Max, the NIC Administrative Inquiry Team made certain recommendations. The Defendants have implemented some of those recommendations as follows:

A. RIOT-RELATED
1. That PC inmates be moved out of the Max unit permanently.
Response: Done. There is no PC classification.
2. That restrictions imposed on the general population after the riot be re-examined for necessity and purpose.
Response: Done.
3. That the State Attorney General's office, or the Federal Department of Justice, be requested to investigate possible staff violations of inmates Civil Rights.
Response: Done.

B. ORGANIZATIONAL CONSIDERATIONS
1. That the Mission and Goals of the Institution be carefully considered, articulated, and thoroughly disseminated.
Response: Done.
2. That the organizational structure and chain of command issues be clarified and thoroughly disseminated.
Response: Done.
3. That a comprehensive plan to increase staff professionalism be developed.
Response: Done by implementation of unit management. '
4. That MSP consider a unit management system for running the institution.
Response: Done.

1.

C. OPERATIONS

October 13, 1994

1. That technical assistance be arranged for an analysis to determine whether the inmate population is generally overclassified.

Response: An objective classification system was adopted and is being implemented.

2. That managers and supervisors be involved in reviewing and rewriting policies, procedures, and post orders.

Response; Done.

3. That the inmate Grievance System be redesigned with appropriate checks, balances, controls, and safeguards. Hold staff accountable to administer the new system with scrupulous fairness and consistency.

Response: Done.

4. That the Inmate Disciplinary System be rewritten so that offenses are objectively defined. Serious and minor offenses should constitute different offense categories. Review several other state disciplinary systems as models. Develop a plan to eliminate inmate baclc-log awaiting space for a lock-up.

Response: Done. Policy is being rewritten.

5. That staff be disciplined for taunting, swearing, demeaning or otherwise engaging in clearly unprofessional conduct with inmates.

Response: Done.

6. That a thoughtful, complete Use-of-Force Policy be developed. Train all staff, security and civilian, in its meaning and application. Develop a review procedure for use of force incidents.

Responser Done.

D. EMERGENCY PREPAREDNESS
1. That MSP develop simple, basic emergency plans as quickly as possible to be used on an interim basis until comprehensive emergency preparedness can be completed.
Response: Done.

2.

E . SECURITY --

October 18, 1994

1. That the institution engage a security expert to conduct a full-scale security audit.

Response: Done.

2. That some person or method for coordinating intelligence across shifts and across living units be developed.
Response; Done.

3. That a policy be developed that requires video taping of any critical incident or use-of-force situation in which time allows video tape equipment to be brought into position. Make the use of the video tape a supervisory responsibility.

Response: Done.

4. That recreation be actively and regularly supervised for Max inmates.

Response: Done.

5. That technical assistance be arranged for an analysis of post positions and staffing needs. • '

Response: Done.

6. That a psychological autopsy of any inmate suicide be mandated.

Response: Done.

7. That an appropriate analysis of every serious security threat or violent incident be prepared, even if it is a criminal aci. for which the AG has primary investigative responsibility

Response: Done. The use-of-force policy requires review of any use of force.

F. INMATE PROGRAMS/SERVICES
1. That the amount of individual counseling time a v a i l a b l e t o inmates within the living units be increased.
Response: Being improved as unit management i s implemented.

3.

October 18, 1994
2. That more inmate pay jobs for maintenance and clean-up be organized/ both inside and outside the living units.
Response: Done.
3. That a medium-ranged strategy to increase inmate programming opportunities and decrease idleness be developed.
Response; This is being done.
4. That a thorough audit of MSP medical services be conducted using outside medical experts.
Response.: Done.
5. That the food service operation be reviewed with particular attention to sanitation, the food preparation area, presentation and temperature standards.
Response: Done.
6. That increased mental health programming be provided; develop medium-range plans for housing and services for special needs offenders, e.g., geriatric inmates, physically disabled inmates, etc.
Response: This is being done 'through the addition of additional psychiatric services.
7. That MSP plan to provide programming for Max inmates.
Response: A limited amount of programming is done for Max inmates and through stratification.
8. That the institution provide inside recreation space within Max (perhaps on the various blocks) and provide some recreation equipment: or games that can be used for outside recreation.
Response; A limited amount of recreation space and equipment is available.
G. TRAINING
1. That some minimum amount of corrections-specific supervisory training and management be established as mandatory for those two groups of staff.
Response: A training program curriculum is being developed.

October 13, 1394 2. That supervisors and mid-managers be trained in report writing and other documentation requirements. Responsei Done.
5.

 
 Langford v. Racicot

PC-MT-001-003
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA HELENA DIVISION

IN THE MATTER OF LITIGATION RELATING )

TO CONDITIONS OF CONFINEMENT AT

) CAUSE NO. CV 93-46-H-LBE

MONTANA STATE PRISON,

)

LANGFORD, et al. v. Gov. Racicot, et al.

CAUSE NO. CV 92-13-H-LBE

NOTICE OF SETTLEMENT
On November 29, 1994, United States Magistrate Judge Leif Erickson entered an Order approving the Settlement Agreement in the above referenced class action. This case was originally filed in the wake of the 1991 riot at Montana State Prison (MSP) . The complaint was subsequently amended in December 1993, broadening the claims to encompass virtually all conditions and practices at MSP. After conducting a year long investigation of conditions at MSP, this Settlement Agreement was reached by the parties and approved by the Court.
The Agreement only settles systemic-based claims for injunctive relief involving the issues listed below. Damage claims are specifically not effected by the Settlement Agreement. The main provisions of the Agreement are as follows:
I. MEDICAL
Appointment of medical director with responsibility for development and implementation of a comprehensive system of medical care. Retention of adequate physician coverage to meet the

needs of the MSP population. Retention of adequate nursing staff to provide 24 hour coverage and to otherwise meet the needs of the MSP population. Tuberculosis screening according to Center for Disease Control guidelines by trained personnel. Screening of new inmates within 24 hours of admission, excluding weekends by nursing staff, followed-up by a physician assistant and/or physician. Daily sick call clinics to ensure inmates are seen by medical staff within 48 hours of request. Daily sick call in Maximum Security by nursing staff Patient referrals to physician within 5 days Provision of over-the-counter medication and products for common ailments. Annual physicals for prisoners over 50 years old; biannual physicals for prisoners over the age of 40. Development of a chronic care policy Provision of eyeglasses and replacements.
II. DENTAL
Dental care within 60 days or sooner if indicated. Elimination of dental list backlog within 1 year.
III. MENTAL HEALTH
Retention of a part-time psychiatrist (at least 20 hours weekly) to develop and implement a comprehensive mental health plan in consultation with plaintiffs' psychiatric consultant.
IV. OVERCROWDING/ PHYSICAL PLANT
8 hours out-of-cell time daily for general population prisoners. Development of preventive maintenance program. Compliance with State Building and Fire Codes. Attention to housing unit work orders within 48 hours
V. CLASSIFICATION AND TREATMENT
Implementation of objective classification system Coordination of treatment plans with parole board, Annual review of treatment plans. Prioritize eligibility for treatment programs based on parole board mandates and parole eligibility. Development of and adherence to disciplinary handbook to be made available to all prisoners. No placement in temporary lock-up without approval of unit manager based on information from a confidential informant.

VI. SECURITY
Implementation of National • Institute of Corrections recommendations relevant to the 1991 riot at Maximum Security. Repair all unit intercom systems. Provide adequate security staff and training
VII. MAXIMUM SECURITY
Conduct weekly mental health rounds Preserve current stratification program as it relates to levels 1-4, including all rights and privileges, T.V., recreation, etc. Create a level 5 for prisoners not eligible for return to general population with enhanced privileges and outof-cell time. Offer anger management and cell study.
VIII.GOOD TIME
The Director of the Department agreed to propose to the Governor a bill mandating a day-for-day goodtime policy. If this legislation passes, it will address most of the problems raised by this claim. If the legislation fails, the parties are free to litigate all claims on this issue.
IX. AMERICANS WITH DISABILITIES ACT COMPLIANCE
The defendants agree to comply with the provisions of the Americans With Disabilities Act, and to remove all barriers to programs and services.
As part of the Agreement, two independent monitors have been
retained to evaluate the defendants' efforts toward compliance with
the terms of the Agreement. The monitors will make a total of
three site visits during a sixteen month period. The first
evaluation will occur on or about June l, 1995, and then six and
four months thereafter. If after this period, defendants have
fully implemented the terms of the Agreement they can petition the
court for dismissal of the case. If on the other hand, at the time
of the first site visit, the defendants have not made satisfactory

MONTANA STATE PRISON

MEMORANDUM:

TO: FROM:

ALL UNIT MANAGERS

<v!\ VY

2WS MYRON BEESON,\ByREMJvlWMIDEN I

MIKE MAHONEY, BURS

iDEN I I

SUBJECT: ACLU SETTLEMENT ApREEMENT

DATE:

February 21, 1995

Attached is a copy of the settlement agreement that needs to be posted in all units.
The major difference in this agreement is the notification of Mark Lopez in the event anyone from the population has problems or questions regarding the agreement.
We will also provide a copy to the High and Low Side Law Libraries. This agreement shall remain posted indefinitely.
MM/MB/cc cc: Mark Lopez "
Dave Ohler

 
 Honorable Leif B. Erickson Federal Magistrate Judge Missoula Division P.O. Box 7219 Missoula, MT 59807-7219

FILED

p ss EE 26 1996

LCU ALEKSICH,

CLERK

IN THE UNITED STATES DISTRICT COURTey FOR THE DISTRICT OF MONTANA HELENA DIVISION

DEPUTY CLEW

IN THE MATTER OF LITIGATION RELATING)

TO CONDITIONS OF CONFINEMENT AT

)

. MONTANA STATE PRISON,

)

THIS DOCUMENT RELATES :
LANGFORD, et al. V. GOV. RACICOT, et al.

CAUSE NO. CV 93-4 6-H-LBE ORDER
CAUSE NO. CV 92-13-H-LBE

This matter now before the Court on the parties' Joint Motion to Approve Stipulation Regarding Medical Care, it is hereby ORDERED that the said Stipulation is approved and entered as an Order of the Court. It is FURTHER ORDERED that the defendants shall post copies of the annexed Notice to Members of the Plaintiffs Class Of Stipulation Regarding Medical Care in each housing area at Montana State Prison (MSP) and the Warm Springs Expansion Unit, provide a separate copy of the Notice to each prisoner housed in the Maximum Security Unit at MSP, and deposit copies of the Joint Stipulation and Settlement Agreement in the High and Low Side libraries for review by the plaintiff class at MSP. The defendants shall post a copy of the Settlement Agreement in the housing areas at the Warm Springs Expansion

Dated:

'Lefff B. ifirickson United States Magistrate Judge
Langford v. Racicot

I ! • • • • •• • ! • • • • • • •

*

PC-MT-001-006

 
 1 David L. Ohler Department of Corrections
2 and Human Services 1539 Eleventh Avenue
3 Helena, Montana 59601
4 P. Keith Keller Keller, Reynolds, Drake,
5 Johnson & Gillespie, P.C. 38 South Last Chance Guich
6 Helena, Montana 59601 406-442-0230
7 Attorneys for Defendants

AUG o 1 1997

8

9

10

IN THE UNITED STATES DISTRICT COURT

11

DISTRICT OF MONTANA, HELENA DIVISION

12

**********

13 IN THE MATTER OF LITIGATION RELATING TO CONDITIONS OF
14 CONFINEMENT AT MONTANA STATE PRISON
15

Cause No. CV 93-46-H-LBE

16 TERRY LANGFORD, ET AL,

Cause No. CV 92-13-H-LBE

17

Plaintiffs,

18 v.

19 MARC RACICOT, ET AL.,

ORDER TO DISMISS PORTIONS OF COMPLAINT IN ACCORDANCE WITH PARTIES' SETTLEMENT AGREEMENT OF OCTOBER, 1994

20

Defendants.

21

**********

22

The Defendants having moved the Court for Dismissal of

23 Portions of Plaintiffs' Complaint, with prejudice, as to certain

24 items as to which the Defendants have been found in substantial

25 compliance by the Settlement Agreement monitors and the Plaintiff's

26 not opposing the motion.

27

1 - ORDER TO DISMISS PORTIONS OF COMPLAINT IN ACCORDANCE WITH

28

THE PARTIES' SETTLEMENT AGREEMENT OF OCTOBER, 1994

Langford v. Racicot

I • • • • • II IIHHII VB

™™ ™

™

PC-MT-001-008

-""3

1 It is hereby ordered and this does order that the Plaintiff's

2 complaint is dismissed with prejudice as to the following items

3 identified by their sections and descriptive title as found in this

4 Settlement Agreement:

5

Section 4(A) Out of Cell Time; Section 4(C) Work Orders on

6 Housing Units; Section 5(B) Coordination with Parole Board; Section

7 5(C) Annual Review of Treatment Plans; Section 5(D) Priority for

8 Treatment Programs; Section 5(E) Disciplinary Handbook; Section

9 7 (A) Use of Force and Follow up; Section 8(A) Revision of Good Time

10 Statutes; and Section 8(B) Request for Additional Administrative

11 Staff.

12

13

DATED t h i s faA day of Jtri-y, 1997.

14

15

Leif p. Erickson

16

Fedei/al Magistrate Judge

17

18

19

20

21

22

23

24

25

26

27

2 - ORDER TO DISMISS PORTIONS OF COMPLAINT IN ACCORDANCE WITH

28

THE PARTIES' SETTLEMENT AGREEMENT OF OCTOBER, 1994

 
 In re Litigation Relating to Conditions of Confinement at..., Not Reported in...

1999 WL 33208662 Only the Westlaw citation is currently available.
United States District Court, D. Montana.
In the Matter of LITIGATION RELATING TO CONDITIONS OF CONFINEMENT AT MONTANA STATE PRISON, Terry LANGFORD, James Ball, James
Peterschick, Jeff Delaphiano, Trueman Conrad, Anthel Brown, Dan Mason, and Rudy Meissner, on behalf of themselves and all others presently
incarcerated or who will in the future be incarcerated at the Montana State Penitentiary,
Plaintiffs, v.
Marc RACICOT, in his official capacity as Governor of the State of Montana; Rick Day, in his
official capacity as Director, Department of Corrections and Human Services; James “Mickey”
Gamble, in his official capacity as the Administrator of the Corrections Division of the Montana Department of Corrections and Human Services; Mike Mahoney, in his official capacity as Deputy Warden, Montana State Prison; and the Department of Corrections and Human Services,
Defendants.
No. CV 93–46–H–LBE. | Sept. 30, 1999.
Opinion
ORDER
ERICKSON, Magistrate J.
*1 This matter is before the Court on Plaintiffs’ Second Supplemental Motion for Reasonable Attorney’s Fees and Costs. The Court being informed now enters the
1.	   Counsel	  for	  National	  Prison	  Project:	   	  	   	  	   	   	   2.	   Edmund	  Sheehy	   	  	   	  	   	   	   3.	   Scott	  Wurster	   	  	   	  	   	   	   	   Total	  Request:	  
	  	   	  

following:
ORDER
1. Plaintiffs’ Second Supplemental Motion for Reasonable Attorney’s Fees and Costs is granted;
2. Plaintiffs shall submit a fee request delineating, in accordance with this Order, the sum total of requested fees that are solely subject to award under 42 U.S.C. § 1988 and those that are subject to award under 42 U.S.C. § 1997e.
3. On or before October 15, 1999 Defendants shall specifically identify all fees requested by Plaintiffs which Defendants believe are inadequately documented or otherwise improper. Plaintiffs shall have 10 days thereafter to respond. Absent the parties then agreeing on the fees, the Court will set a date for hearing on those claims still in dispute.
I. INTRODUCTION
Presently before the Court is Plaintiffs’ Second Supplemental Motion for Reasonable Attorney’s Fees and Costs [hereinafter Plaintiffs’ Second Motion]. In their motion, Plaintiffs seek reimbursement for fees and costs incurred since April 1, 1996 that are associated with monitoring Defendants’ compliance with actions required by the parties’ Settlement Agreement. (See Pls.’ Second Mot. at 1–2.) Plaintiffs currently seek the following fees and costs:
	  
$177,272.90	   	  	   	  
$	  1,035.97	   	  	   	  
$	  70,774.54	   	  	   	  
$249,083.41	   	  	   	  
1

In re Litigation Relating to Conditions of Confinement at..., Not Reported in...

This Court is prepared to rule on the merits of Plaintiffs’ motion but not as to the amount due at this time.
II. BACKGROUND
Pursuant to 42 U.S.C. § 1988, this Court had previously awarded Plaintiffs attorney’s fees and costs associated with monitoring Defendants’ compliance with activities required by the parties’ Settlement Agreement. (See Order dated November 8, 1995.) Since that time, however, Congress has enacted the Prison Litigation Reform Act (PLRA), codified as amended at 42 U.S.C. § 1997. Consequently, the Court must now consider language in both 42 U.S.C. § 1988 and 42 U.S.C. § 1997e(d) in addressing Plaintiffs’ request for attorney fees.
The threshold question is whether any of Plaintiffs’ requested fees are subject to the provisions of 42 U.S.C. § 1997e(d). The United States Supreme Court recently decided Martin v. Hadix, 527 U.S. 343, 119 S.Ct. 1998, 144 L.Ed.2d 347 (1999). As recognized by the Ninth Circuit Court of Appeals in Madrid v. Gomez, 1999 WL 669063, (9th Cir.1999), Martin is controlling in cases such as this where services were performed both before and after the PLRA’s enactment. Martin dictates that any fees for services performed by the Plaintiffs prior to the PLRA’s enactment are not subject to the provisions found in 42 U.S.C. § 1997e(d). See ___ U.S. ___, 119 S.Ct. 2001, ___ L.Ed.2d ___ (1999). Any fees for services performed after the PLRA’s enactment, however, are subject to 42 U.S.C. § 1997e(d). See id.
*2 Because Plaintiffs have requested fees for services performed on April 26, 1996, the day the PLRA was enacted, the Court must consider whether those fees are subject to the PLRA. (See Decl. of Eric Balaban in Supp. of Second Supplemental Fees Mot., Ex. A, at 5.) Martin did not address the question of whether fees for services performed on April 26, 1996 were subject to the PLRA. However, based on the reasoning and language of Martin, this Court concludes that services performed by Plaintiffs on April 26, 1996 are not subject to the provisions of 42 U.S.C. § 1997e(d). In Martin, the Supreme Court arrived at its decision by applying “a common sense, functional judgment” that was guided by “familiar considerations of fair notice, reasonable reliance, and settled expectations.” ___ U.S. at ___, 119 S.Ct. at 2006, 144 L.Ed.2d at ___. Practically, Plaintiffs would not likely have received notice of the PLRA’s passage until the day after its enactment, April 27, 1996. Therefore, until that time it cannot reasonably be said that Plaintiffs had “fair” notice of the PLRA’s limitations, nor that they would have

expected their fees to be subject to the PLRA.
As for fees accrued subsequent to April 26, 1996, they clearly are subject to the limitations in the PLRA, it being the general rule that statutes become effective the date they are enacted. See Lyons v. Ohio Adult Parole Auth., 105 F.3d 1063, 1066 (6th Cir.1997) (statutes become effective when enacted absent indication to contrary)”). See Wright v. Morris, 111 F.3d 414, 417 (6 th Cir.1997) (“The new law [PLRA] was signed by the President on April 26, 1996, and went into effect that same day.
Having determined which of Plaintiffs’ requested fees are subject to the PLRA and which are not, this court will address three questions raised by the parties:
1) Does the plain language of the PLRA prohibit Plaintiffs from recovering any post-PLRA fees?
2) If the plain language of the PLRA does not prohibit Plaintiffs from recovering post-PLRA fees, what is the maximum rate at which the Plaintiffs may be compensated under the PLRA?
3) Should some of Plaintiffs’ requested attorney fees be reduced because of inadequate documentation?
III. DISCUSSION
A. Does the plain language of the PLRA prohibit Plaintiffs from recovering any post-PLRA fees? Before a plaintiff can recover post-PLRA fees, the PLRA’s plain language requires a plaintiff prove:
the fee was directly and reasonably incurred in proving an actual violation of the plaintiff’s rights ... and ... is proportionately related to the court ordered relief ... or ... was directly and reasonably incurred in enforcing the relief ordered before fees can be awarded.1
42 U.S.C. § 1997e(d)(1).
Defendants contend that Plaintiffs are not entitled to any fees under the PLRA because Plaintiffs “have failed to prove that their rights have been violated” as they believe is required by the statute’s plain language. (Defs.’ Mem. Opposing Pls.’ Second Supplemental Mot. for Att’y Fees [hereinafter Defs.’ Opposing Mot.] at 2. See also Defs.’ Resp. to Pls.’ Notice of Supplemental Authority at 4.) Plaintiffs, citing the facts of Martin and Hadix v. Johnson,
2

In re Litigation Relating to Conditions of Confinement at..., Not Reported in...

143 F.3d 246 (6th Cir.1998), counter that they are entitled to fees under the PLRA even though they have not actually proven a violation of their rights. (See Notice of Supplemental Authority in Supp. of Pls.’ Second Supplemental Mot. for Reasonable Att’y Fees and Expenses at 2–5.)
*3 The Parties have not pointed to any case law that directly addresses the issue of whether attorney fees may be recovered under the PLRA when a plaintiff has not actually proven his rights have been violated. However, a review of decisions addressing attorney fees under the PLRA suggest a plaintiff need not actually prove his rights have been violated to recover fees under the PLRA. In Martin, the Supreme Court was aware the parties in Hadix had entered into a consent decree to settle plaintiffs claims, yet the Court made no mention of this being a possible bar to recovery under the PLRA. See ___ U.S. at ___, 119 S.Ct. at 2002, 144 L.Ed.2d at ___. Nor did the Sixth Circuit raise this issue in deciding to award attorney fees to the plaintiffs in Hadix. See 143 F.3d 246. Additionally, in Weaver v. Clarke, 933 F.Supp. 831, 836 (D.Neb.1996), the District Court opined that evidence merely leading to a presumptive violation of a plaintiff’s rights would be enough to satisfy the requirements of 42 U.S.C. § 1997e(d)(1).
Because the aforementioned cases only lead to the implication that settlement favorable to Plaintiffs is adequate for an award of fees, without directly addressing the issue, it is appropriate to also consider case law under the PLRA’s companion statute, 42 U.S.C. § 1988, for further guidance. It has long been the rule under 42 U.S .C. § 1988 that attorney fees may properly be awarded to a prevailing party even if a dispute was settled prior to adjudication on the merits. See, e.g., Maher v. Gagne, 448 U.S. 122, 129, 100 S.Ct. 2570, 2575, 65 L.Ed.2d 653, 661 (1980) (“The fact that respondent prevailed through a settlement rather than through litigation does not weaken her claim to fees.”) Of particular note to the instant case is the holding under 42 U.S.C. § 1988 that post-judgment monitoring of activities under consent decrees, which often result from parties’ settlement agreements, “is a compensable activity for which counsel is entitled to a reasonable fee.” Pennsylvania v. Delaware Valley Citizens Council for Clean Air, 478 U.S. 546, 559, 106 S.Ct. 3088, 3095, 92 L.Ed.2d 439, 452 (1986) (citations omitted). In Maher, the United States Supreme Court explained the rationale behind allowing attorney fees under 42 U.S.C. § 1988 when parties choose to settle their dispute prior to adjudication on the merits:
Nothing in the language of § 1988 conditions the District Court’s power to award fees on full litigation of the issues or on a judicial determination that the plaintiff’s rights have been violated. Moreover, the Senate Report expressly stated that “for purposes of the award of counsel fees, parties may be considered to

have prevailed when they vindicate rights through a consent judgment or without formally obtaining relief. S Rep No. 94–1011, p 5 (1976).
448 U.S. 122, 129, 100 S.Ct. 2570, 2575, 65 L.Ed.2d 653, 661.
Plaintiffs were previously deemed a prevailing party by this Court and have received attorney fees pursuant to 42 U.S.C. § 1988. (See Order dated June 15, 1995; Order dated November 8, 1995.) Plaintiffs now seek fees for additional services, namely those related to post-judgment monitoring. The rationale behind the rule in allowing attorney fees under 42 U.S.C. § 1988 when parties choose to settle their dispute rather than seek adjudication on the merits suggests such fees should also be allowed under the PLRA.
*4 First, like 42 U.S.C. § 1988, the PLRA makes no mention of requiring full litigation or a judicial determination before attorney fees may be awarded. Like the Supreme Court in Maher, this Court is reluctant to read into 42 U.S.C. § 1997e(d) such a condition, especially when Plaintiffs have already received fees pursuant to 42 U.S.C. § 1988.
Second, while neither party pointed to any PLRA legislative history expressly discussing consent judgements or informal relief similar to that mentioned in Maher to support its argument, Plaintiffs did cite noteworthy legislative history regarding the purpose behind enacting the PLRA. (See Reply Br. in Support of Pls.’ Second Supplemental Mot. for Reasonable Att’y Fees and Expenses [hereinafter Pls.’ Supplemental Reply Br.] at 7.) Congress enacted the PLRA “with the principal purpose of deterring frivolous prisoner litigation by instituting economic costs for prisoners wishing to file civil claims,” not for the purpose of deterring meritorious claims. Hernandez v. Kalinowski, 146 F.3d 196 (3 rd Cir.1998) (citing Lyon v. Krol, 127 F.3d 763, 764 (8th Cir.1997); 141 Cong. Rec. S14419 (daily ed. Sept. 27, 1995) (statement of Sen. Abraham)). In the instant case Plaintiffs and Defendants entered into a Settlement Agreement whereby Defendants agreed to institute numerous substantive changes at the Montana State Prison. (See Settlement Agreement.) It is unlikely Defendants would have agreed to do so if they truly believed Plaintiffs’ claims were frivolous. Thus, Plaintiffs’ claims are deemed to have had merit.
Finally, both the judicial system itself and public policy have long encouraged parties to settle their disputes. See, e.g., McDermott, Inc. v. AmClyde, 511 U.S. 202, 215, 114 S.Ct. 1461, 1468, 128 L.Ed.2d 148, 160 (1994) ( “public policy wisely encourages settlements”); Hensley v. Eckerhart, 461 U.S. 424, 437, 103 S.Ct. 1933, 1941, 76 L.Ed.2d 40, 53 (1983) ( “A request for attorney’s fees should not result in a second major litigation. Ideally, of
3

In re Litigation Relating to Conditions of Confinement at..., Not Reported in...

course, litigants will settle the amount of a fee.”); (emphasis supplied) Marek v. Chesny, 473 U.S. 1, 2, 105 S.Ct. 3012, 3013, 87 L.Ed.2d 1, 8 (Fed.R.Civ.P. 68 “encourages settlement”). Denying a plaintiff’s post-PLRA fees because it chose to settle its dispute rather than seek an adjudication on the merits would only serve to undermine the long-standing principle of encouraging party settlements.
For the reasons cited above, this Court finds the PLRA allows Plaintiffs in this case to recover post-PLRA attorney fees.
B. What is the maximum rate at which Plaintiffs may be compensated under the PLRA? Having determined the PLRA allows Plaintiffs to recover post-PLRA fees, it is necessary to determine the maximum rate at which Plaintiffs may be compensated under the PLRA. From the outset it is important to note that the PLRA limits the maximum rate at which Plaintiffs may be compensated under the PLRA. If, in actually calculating Plaintiffs’ fee award the Court finds the reasonable rate is less than the maximum rate, the Plaintiffs will be paid the reasonable rate. See generally Alexander S. v. Boyd, 113 F.3d 1373, 1388 (4th Cir.1997)
*5 Section 1997e(d)(3) of United States Code Title 42 states: “No award of attorney’s fees ... shall be based on an hourly rate greater than 150 percent of the hourly rate established under section 3006A of title 18 ... [Civil Justice Reform Act (CJRA) ].” Section 3006A states that attorney compensation rates are “$40 per hour for time reasonably expended out of court,” although both parties recognize that CJRA attorneys in the District of Montana are currently paid $45 per hour for out-of-court time. (See Pls.’ Supplemental Reply Br. at 14; Defs.’ Opposing Mem at 8.) Both parties also recognize that the Judicial Conference has approved an increase in the hourly CJRA compensation rate to $75 per hour for the District of Montana, but that hourly rate has never been implemented. (See Pls.’ Supplemental Reply Br. at 15; Defs.’ Opposing Mem. at 8.) As pointed out by Plaintiffs, the approved and implemented CJRA rate for attorneys in the District of Columbia is $75 per hour for out-of-court time.
Plaintiffs argue that because the Judicial Conference has approved an hourly rate of $75 per hour for the District of Montana, all their attorney fees should be compensated at $112.50 per hour ($75/hr x 150%). (See Pls.’ Supplemental Reply Br. at 14–16.) In the alternative, they argue that at the very least the National Prison Project (NPP) attorneys should be compensated at $112.50 because the District of Columbia is the relevant community for determining the appropriate hourly rate for those attorneys. (See Pls.’ Supplemental Reply Br. at

16–19.) Defendants argue that because an hourly rate of $75 per hour has only been approved, but not implemented, for the District of Montana, Plaintiffs attorneys should be compensated at only $67.50 per hour ($45/hr x 150%). (See Defs.’ Opposing Mem. at 8–9.)
Given Plaintiffs’ alternative arguments, the Court will address the appropriate compensation rate for Plaintiffs’ Montana-based attorneys and NPP attorneys separately.
1. Montana-based Attorneys Case law dealing directly with fee compensation rates under the PLRA where the Judicial Conference has approved an increased rate, but the rate has not been implemented, is sparse. Like Defendants, this Court has uncovered only one published decision discussing the subject: Hernandez v. Kalinowski, 146 F.3d 196 (3 rd Cir.1998). In Hernandez, the Third Circuit Court of Appeals concluded the appropriate compensation base rate under 42 U.S.C. § 1997e(d)(3) for the Eastern District of Pennsylvania was the implemented rate of $45 per hour, not the Judicial Conference’s approved rate of $75 per hour. See 146 F.3d at 201.
The requirement under the PLRA that the “established” rate be used to calculate the maximum compensation rate lends credence to the Third Circuit Court’s decision. Webster’s Dictionary defines “established” as to “bring about” or to “gain full recognition of.” Webster’s Ninth New Collegiate Dictionary 425 (Merriam–Webster, Inc.1986). Because the approved rate of $75 per hour for the District of Montana has never been implemented, it cannot be said that it has been “brought about” or has gained full recognition as the appropriate base rate to use in computing attorney fees under the PLRA. Further, to this Court’s knowledge, there are no current plans to implement the approved rate of $75 per hour in the District of Montana, which would lead to its establishment.
*6 Therefore, this Court concludes the appropriate base rate for calculating the maximum fee allowed under the PLRA for Plaintiffs’ Montana-based attorneys is $45 per hour. Accordingly, those attorneys are to be compensated for post-PLRA out-of-court time at no greater than $67.50 per hour.
2. NPP Attorneys This Court previously determined that the relevant market for determining the hourly rate for attorney fees granted under 42 U.S.C. § 1988 was the place where Plaintiffs’ NPP attorneys are sited. (See Order dated November 8, 1995, at 12.) This Court finds no precedent indicating that consideration of the market should differ for fees granted
4

In re Litigation Relating to Conditions of Confinement at..., Not Reported in...

under the PLRA. Therefore, for the reasons set forth in its Order dated November 8, 1995, this Court finds the appropriate base rate for calculating the maximum fee under the PLRA for the Plaintiffs’ NPP attorneys is that currently implemented in the District of Columbia—$75 per hour. Accordingly, those attorneys are to be compensated under the PLRA for out-of-court time at no greater than $112.50 per hour.

appropriate. (See Pls.’ Supplemental Reply Br. at 8–14.)
This Court will not summarily grant Defendants’ request for bulk reductions of Plaintiffs’ requested fees. However, it will grant Defendants an opportunity to detail specifically which of Plaintiffs’ fees it alleges are inadequately documented and the basis for its allegations. Likewise, it will grant Plaintiffs an opportunity to rebut Defendants’ arguments.

C. Should some of Plaintiffs’ requested attorney fees be reduced because of inadequate documentation? Defendants contend many of Plaintiffs requested fees are inadequately documented and cite several examples to support their argument. (See Defs.’ Opposing Mem. at 5–6.) They thus request Plaintiffs’ fees be reduced by proportionate amounts, based on their cited examples. (See id. at 6.) Plaintiffs contend all their requested fees have been adequately documented and no reduction is

In light of the suggestion contained in Marek v. Chesny, supra, the Court anticipates that the parties will thereafter meet and attempt to settle the attorneys fees issues in accord with the provisions of this Order. To the extent some items remain unresolved, then upon motion of either party the Court will conduct a hearing to address those items.
	  

Footnotes

1

It is important to note that a plaintiff may only recover fees under the PLRA if he proves both that he is eligible for fees under 42

U.S.C. § 1988 and that he meets the requirements of 42 U.S.C. § 1997e(d)(1). See Alexander S. v. Boyd, 113 F.3d 1373, 1388 (4th

Cir.1997); Clark v. Phillips, 965 F.Supp. 331, 333 (N.D.N .Y.1997).

	  

5

 
 Case 6:92-cv-00013-JCL Document 333 Filed 11/12/13 Page 1 of 2

ERIC BALABAN AJMEL QUERESHI National Prison Project American Civil Liberties Union 915 15th Street, NW, 7th Floor Washington, DC 20005

ANNA CONLEY ACLU of Montana P.O. Box 9138 Missoula, MT 59807

Attorneys for Plaintiffs

REBEKAH J. FRENCH Special Assistant Attorney General Risk Management and Tort Division P.O. Box 200124 Helena, Montana 59620-0124

Attorney for Defendants

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MONTANA

HELENA DIVISION

IN THE MATTER OF LITIGATION )

RELATING TO CONDITIONS OF ) CAUSE NO. CV 93-46-H-

CONFINEMENT AT MONTANA ) DWM-JCL

STATE PRISON,

)

________________________________ )

)

THIS DOCUMENTS RELATES TO: )

Terry LANGFORD, et. al.,

)

)

Plaintiffs,

) JOINT MOTION TO

) APPROVE STIPULATION

v.

)

)

Gov. Steve BULLOCK, et. al.,

)

)

Defendants.

)

1

Case 6:92-cv-00013-JCL Document 333 Filed 11/12/13 Page 2 of 2
The parties hereby move this Court to enter the annexed Stipulation Regarding Extension of the Monitoring Period in the above-entitled action as an Order of the Court. The parties have conferred regarding future monitoring in this case and have reached an agreement memorialized in the annexed Stipulation, which is signed by both parties.
Respectfully submitted,
__s/Eric Balaban___________ Eric Balaban National Prison Project Of the ACLU Foundation 915 15th Street, 7th Floor Washington, DC 20005
__s/Rebekah French_________ Rebekah J. French Special Assistant Attorney General Risk Management and Tort Division P.O. Box 200124 Helena, Montana 59620-0124
2

Case 6:92-cv-00013-JCL Document 333-1 Filed 11/12/13 Page 1 of 5

ERIC BALABAN AJMEL QUERESHI National Prison Project American Civil Liberties Union 915 15th Street, NW, 7th Floor Washington, DC 20005
ANNA CONLEY ACLU of Montana P.O. Box 9138 Missoula, MT 59807
Attorneys for Plaintiffs

McKenzie Hannan Special Assistant Attorney General Montana Dep’t of Corrections P.O. Box 201301 Helena, MT 59620-1301 406/444-3918
Rebekah J. French Risk Management & Tort Defense Division 1625 11th Avenue, Middle Floor P.O. Box 200124 Helena, MT 59620-0124 406/444-2421
Attorneys for Defendants

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA HELENA DIVISION

IN THE MATTER OF LITIGATION RELATING TO CONDITIONS OF CONFINEMENT AT MONTANA STATE PRISON, ______________________________

THIS DOCUMENT RELATES TO: LANGFORD, et al.,
Plaintiffs, v. GOV. STEVE BULLOCK, et al.,
Defendants.

CV 93-46-H-DWM-JCL
JOINT STIPULATION REGARDING EXTENSION OF MONITORING PERIOD

Case 6:92-cv-00013-JCL Document 333-1 Filed 11/12/13 Page 2 of 5
I. History This action concerns conditions at Montana State Prison (MSP). On
December 30, 1993, the Plaintiffs filed their Fifth Amended Complaint and on January 14, 1994, the Court certified the case as a class action. Following several months of negotiations, the parties entered into a Settlement Agreement resolving most of the Plaintiffs’ claims. The Court approved and entered the Agreement under Rule 23(c) of the Federal Rules of Civil Procedure on November 29, 1994.
Over the next ten years, the parties stipulated to the dismissal of various issues in the case on the basis of expert findings that Defendants were in substantial compliance with several of the Agreement’s provisions. The sole remaining issue is Defendants’ compliance with the Agreement’s ADA provision:
Defendants shall ensure that inmates with disabilities are not excluded from participation in, or denied the benefits of housing, services, facilities and programs because of their disabilities. The Defendants shall develop and implement plans to integrate the disabled inmates into the mainstream of the institution. Doc. 314 at 21. On June 29, 2012, this Court entered the parties’ Unopposed Stipulation Regarding ADA Expert Appointment designating Paul Bishop “as the parties’ expert to assess Defendants’ compliance with the ADA provision (Section 9) of the Settlement Agreement.” Doc. 1477 at 1.

Joint Stipulation to Extend Monitoring Period

2

Case 6:92-cv-00013-JCL Document 333-1 Filed 11/12/13 Page 3 of 5
On May 25, 2013, Paul Bishop and Raphael Subia, the Court-appointed experts, submitted their report finding that MSP’s programs, as well as the facility, did not substantially comply with the ADA provision of the Agreement.
After Plaintiffs moved for specific performance regarding those issues and areas the experts concluded were not in substantial compliance with the ADA and Defendants filed their opposition to that motion, Plaintiffs filed an unopposed motion to stay further proceedings. (Doc. 1503). On September 9, 2013, the Court granted Plaintiffs’ request for a stay of proceedings for sixty days and ordered the parties to file a status report on or before November 12, 2013, advising the Court regarding the status of negotiations between the parties. (Doc. 1504).
II. Extension of the Monitoring Period Although Defendants do not agree with the expert’s conclusion that they are
not in substantial compliance with the ADA provision of the Settlement Agreement, Defendants are willing to address some of the issues raised in the expert report and are in in the process of addressing those issues.
One of the changes that Defendants plan to implement is a tracking system which will allow Montana State Prison (MSP) to track those inmates who have been identified as having a verified disability, as defined by the ADA, either through self-identification or referral. The State of Montana Department of

Joint Stipulation to Extend Monitoring Period

3

Case 6:92-cv-00013-JCL Document 333-1 Filed 11/12/13 Page 4 of 5
Corrections (DOC) already has an Offender Management and Information System (OMIS), which is used to track all offenders supervised by DOC. DOC Information Technology (IT) staff are working to add functions to OMIS that will enable MSP staff to use the system to track offenders with disabilities and to track any accommodations provided to those offenders. Because OMIS is used throughout DOC, and not just at MSP, DOC IT staff have had to seek input from all facilities and programs DOC operates to ensure that the changes they make to OMIS adequately meet all of DOC’s needs. Further time is needed for Defendants to implement the proposed changes to OMIS, as well as adjust any related policies. Likewise, Plaintiffs require additional time to assess the suitability of any changes voluntarily implemented by Defendants.
Accordingly, the parties request that the Court extend the monitoring period for nine months to allow the Defendants to implement the proposed changes to OMIS, along with any other voluntary changes Defendants agree to make to MSP’s procedures, and to allow Plaintiffs to assess those changes. At the conclusion of the nine month period, the parties shall submit to the Court a list of remaining issues requiring resolution.
III. Continuing Jurisdiction The Court shall retain jurisdiction over this action for the purpose of

Joint Stipulation to Extend Monitoring Period

4

Case 6:92-cv-00013-JCL Document 333-1 Filed 11/12/13 Page 5 of 5
enforcing the provisions of the Agreement that have not already been dismissed until such time as the Court orders a dismissal with prejudice pursuant to Section II of the Agreement. This stipulation shall have no effect on the parties’ existing rights and obligations under the Agreement except as expressly set forth therein.

DATED this 12th day of November, DATED this 12th day of November,

2013

2013

For Plaintiffs

For Defendants

/s/ Eric Balaban Eric Balaban National Prison Project of the ACLU 915 15th St. NW, Seventh Floor Washington, DC 20005 202/393-4930

/s/ Rebekah J. French Rebekah J. French Montana Department of Administration, Risk Management and Tort Defense Division 1625 Eleventh Avenue, Middle Floor P. O. Box 200124 Helena, MT 59620-0124

Joint Stipulation to Extend Monitoring Period

5

 
 Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 1 of 100

ERIC BALABAN National Prison Project of the ACLUF 915 15th Street, 7th Floor Washington, DC 20005 202.393.4930

ALEX RATE ACLU of Montana P.O. Box 9138 Missoula, MT 406.443.8590

JON ELLINGSON Attorney-at-Law 141 North Ave. East Missoula, MT 59801 406.546.9084

AMY F. ROBERTSON Civil Rights Education and Enforcement Center 104 Broadway, Suite 400 Denver, CO 80203 303.757.7901

Attorneys for Plaintiffs

COLLEEN E. AMBROSE Chief Legal Counsel Montana Department of Corrections P.O. Box 201301 Helena, MT 59620 406.444.2421

Attorneys for Defendants

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MONTANA

HELENA DIVISION

IN THE MATTER OF LITIGATION

RELATING TO CONDITIONS OF Case No. CV 93-46-H-DWM-JCL

CONFINEMENT AT MONTANA

STATE PRISON

JOINT SUBMISSION OF REVISED

THIS DOCUMENT RELATES TO: SETTLEMENT AGREEMENT

Terry LANGFORD, et al.,

Plaintiffs,

v.

Gov. Steve BULLOCK, et al.,

Defendants.

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 2 of 100
In response to this Court’s Order of January 24, 2018 (“January 24 Order”), Doc. 353, the parties hereby jointly submit a revised Class Action Settlement Agreement (“Revised Settlement”), attached hereto as Exhibit A, and respectfully request that this Court grant preliminary approval.
The Revised Settlement: 1. Has been updated to reflect the progress that Defendants have made since
the original settlement was entered in February 2017, thus clarifying that very little additional work as to remedying physical barriers or revising applicable policies remains to be done; 2. Includes a revised dispute resolution procedure in accordance with this Court’s order, in which -- following the parties’ mandatory meet and confer -- disputes are submitted to an Arbitrator for binding resolution. The Revised Settlement further provides – and the Parties respectfully request -- that this Court retain jurisdiction as a forum of last resort in the extremely unlikely event that either party refuses to comply with a binding decision of the Arbitrator; and 3. Includes a provision for appointment of a Special Master for attorneys’ fees should the parties be unable to reach agreement.
JOINT SUBMISSION OF REVISED SETTLEMENT AGREEMENT - 2

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 3 of 100
BACKGROUND This action concerns conditions at the Montana State Prison (“MSP”). The case was filed on September 13, 1993, Doc. 1, a class certified on January 14, 1994, Doc. 22, and a settlement reached on October 28, 1994 (the “1994 Settlement”), Doc. 314. The Court approved and entered the 1994 Settlement under Rule 23(e) of the Federal Rules of Civil Procedure on November 29, 1994. Doc. 367. Over the ensuing ten years, the parties stipulated to the dismissal of various issues in the case on the basis of expert findings that Defendants were in substantial compliance with several of the provisions of the 1994 Settlement. The sole remaining issue is Defendants’ compliance with Section 9 of the 1994 Settlement (the “ADA Provision”), requiring Defendants to ensure that prisoners with disabilities are not excluded from housing, services, facilities or programs, and are integrated into the mainstream of the institution. 1994 Agreement, Section 9, Doc. 314 at 21. In response to expert reports addressing the ADA Provision, Defendants indicated that they were making changes to a number of the areas that the experts had identified. Doc. 1499 at 11-12; 19-25. Accordingly, on September 3, 2013, Plaintiffs filed an unopposed motion to stay the litigation. Doc. 1503. Between that time and signature of the settlement agreement in February, 2017, the parties
JOINT SUBMISSION OF REVISED SETTLEMENT AGREEMENT - 3

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 4 of 100
requested and this Court granted a series of stays while the parties continued to discuss resolution of the remaining issues in this case. Docs. 1505, 1507, 1510-13, 1519-20, 1525, 1529.
During this time, as a result of the experts’ reports, Plaintiffs’ monitoring, Defendants’ efforts, and the parties ongoing negotiations, Defendants have made substantial progress toward compliance with the ADA Provision.
The parties initially moved for preliminary approval of their settlement agreement last year, Doc. 1534, and moved for preliminary approval of an amended settlement (“January 2018 Settlement”) on January 19, 2018, Doc. 1540. On January 24, 2018, the Court denied the motion for preliminary approval, stating that it “will not retain continuing, or in other words, ancillary jurisdiction to resolve disputes as proposed in section V Dispute Resolution.” January 24 Order at 1. The Court then instructed the parties to “revise section V to provide an alternative procedure for dispute resolution such as binding arbitration.” Id. at 2. Finally, the Court stated that the parties could “renew the motion on or before February 23, 2018, if they satisfactorily address the Court’s concerns.” Id.
Following receipt of the Court’s January 24 Order, the parties met and conferred to discuss how to revise the agreement to address the Court’s concerns. They now respectfully submit the Revised Settlement, attached hereto, which they believe has achieved that goal.
JOINT SUBMISSION OF REVISED SETTLEMENT AGREEMENT - 4

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 5 of 100
REVISED SETTLEMENT AGREEMENT 1. Progress Toward Substantial Compliance
Throughout the parties’ negotiations, Defendants have been making a great deal of progress toward compliance with the ADA Provision. Following receipt of the expert reports in 2013, the parties met frequently and worked toward compliance in two arenas: physical barrier removal; and policy modification.
The 2013 expert reports identified over 800 physical barriers throughout the Montana State Prison. Based on the parties’ negotiations, multiple multi-party site visits, and input from MDOC architectural personnel and MSP facilities personnel, that list was reduced to approximately 135 items at the time the settlement agreement was first submitted to the Court in March 2017. This list was set forth in Exhibit 1, which included a timeline for removing the remaining barriers. Defendants have continued to address these barriers over the past year.
Similarly, following receipt of the 2013 expert reports, the parties discussed a large number of policies affected those reports, and have come to agreement on more than 30 of them, and have agreed on the principles that will guide the redrafting of the remaining eight.
2. Dispute Resolution The January 2018 Settlement provided for a three-step dispute resolution
process. The first step required the parties to meet and confer and attempt to resolve the dispute informally. The second step permitted any party who believed a
JOINT SUBMISSION OF REVISED SETTLEMENT AGREEMENT - 5

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 6 of 100
dispute still existed to submit the dispute to a United States Magistrate Judge for resolution. A third step permitted a party, if dissatisfied with the magistrate’s decision, to submit the matter to the court.
As an initial matter, the parties have worked extraordinarily well over the past four years, and are optimistic that any future disputes will be resolved at the first step: mandatory meet and confer. Moreover, following this Court’s Order denying the motion for preliminary approval, the parties reconvened in good faith and mutually agreed on an alternative dispute resolution procedure which they believe will satisfy the Court’s concerns about retaining jurisdiction.
That said, the process proposed in the January 2018 Settlement effectively made this Court the first formal step of dispute resolution and made it likely -- in the unlikely event of a formal dispute -- that it would be presented with detailed technical questions of prison policy and architectural barrier removal. The parties understand from the January 24 Order that this was a role that this Court was not inclined to play. See id. at 1.
In response, the parties have redrafted the second step of the dispute resolution process, Section V(B) of the Revised Settlement, to vest binding dispute resolution authority in a jointly-selected Arbitrator. The parties have met and conferred and respectfully propose that Michael K. Brady play this role. Mr. Brady is experienced in ADA compliance in the prison context. (Mr. Brady’s
JOINT SUBMISSION OF REVISED SETTLEMENT AGREEMENT - 6

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 7 of 100
curriculum vitae is attached as Exhibit B.) Because of this background and experience, the parties are confident assigning binding authority to Mr. Brady to address any dispute that could arise concerning the interpretation of the Revised Agreement. It is Mr. Brady, rather than this Court, who will be tasked (if necessary) with reviewing policy language and barrier removal regulations.
Through this revised dispute resolution provision, the parties have endeavored to address the concerns in the Court’s January 24 Order.
The parties respectfully request that this Court retain jurisdiction for the sole and narrow purpose of enforcing any decision by the Arbitrator, as set forth in Section V(C). That is, under the revised dispute resolution provision, this Court would serve as a last resort if the parties are unable to reach an informal resolution, submit the dispute to the Arbitrator, receive a binding resolution, but a party fails to abide by that binding resolution.
3. Special Master for Attorneys’ Fees In this Court’s January 24 Order, the Court stated that it was “amenable to
retaining jurisdiction to determine any unresolved fees and expenses as proposed in Section IV” of the settlement. January 24 Order at 2. Accordingly, the parties have amended Section IV to provide for appointment of a Special Master should the need arise.
JOINT SUBMISSION OF REVISED SETTLEMENT AGREEMENT - 7

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 8 of 100
CONCLUSION For the reasons above, the Parties respectfully request that this Court: 1. Grant preliminary approval to the Revised Settlement; 2. Approve the proposed notice, Exhibit 10 to the Revised Settlement, and proposed plan for dissemination of notice to the Class as outlined in Paragraph VIII of the Revised Settlement; 3. Order that notice be disseminated no later than ten days after preliminary approval; 4. Order the following procedures for objections:
a. Any member of the Class may object to the proposed settlement agreement by filing, within 60 days after the Notice Deadline, written objections with the Clerk of the Court;
b. Only such objecting Class Members shall have the right, if they seek it in their objection, to present objections orally at the Final Approval Hearing; and
c. The Court shall determine whether it will hear from any objecting Class members at the Final Approval Hearing, and will enter an Order identifying all objecting Class Members it wants to hear from at the hearing.
JOINT SUBMISSION OF REVISED SETTLEMENT AGREEMENT - 8

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 9 of 100

5. Schedule a Final Approval Hearing for a date at least 21 days after the

close of the Notice Period; and

6. Enter judgment in a form materially similar to Exhibit 9 to the

Revised Settlement.

Respectfully submitted,

/s/ Alex Rate Alex Rate ACLU of Montana P.O. Box 9138 Missoula, MT 406.443.8590
/s/ Jon Ellingson Jon Ellingson Attorney-at-Law 141 North Ave. East Missoula, MT 59801 406.546.9084

/s/ Colleen E. Ambrose Colleen E. Ambrose Chief Legal Counsel Montana Dep’t of Corrections P.O. Box 201301 Helena, MT 59620-1301 406.444.4152
Attorney for Defendants

/s/ Eric G. Balaban Eric G. Balaban, pro hac vice National Prison Project of the ACLUF 915 15th Street, 7th Fl. Washington, DC 20005 202.393.4930

/s/ Amy F. Robertson Amy F. Robertson, pro hac vice Civil Rights Education and Enforcement Center 104 Broadway, Suite 400 Denver, CO 80203 303.757.7901

Attorneys for Plaintiffs

JOINT SUBMISSION OF REVISED SETTLEMENT AGREEMENT - 9

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 10 of 100
CLASS ACTION SETTLEMENT AGREEMENT
This Class Action Settlement Agreement (“Settlement Agreement”) is made this 23rd day of February, 2018, by all members of the class as certified by the Court in its Order of January 14, 1994 (“Plaintiffs”), and, all in their official capacities, Steve Bullock, Governor of Montana; Reginald D. Michael, Director of the Montana Department of Corrections; Jim Salmonsen, Interim Warden of Montana State Prison, and the Montana Department of Corrections (collectively, the “Defendants”). Plaintiffs and Defendants shall collectively be referred to as Parties.
RECITALS
WHEREAS, this Settlement Agreement arises out of an action addressing conditions at the Montana State Prison. Civil Action No. 6:93-cv-00046-DWM-JCL. On December 30, 1993, the Plaintiffs filed their Fifth Amended Complaint and on January 14, 1994, the Court certified the case as a class action. Following several months of negotiations, the Parties entered into a Settlement Agreement resolving most of the Plaintiffs’ claims (the “1994 Settlement Agreement”). The Court approved and entered the 1994 Settlement Agreement on November 29, 1994.
WHEREAS, over the ensuing ten years and pursuant to the terms of the 1994 Settlement Agreement, the Parties stipulated to the dismissal of various issues in the case on the basis of expert findings that Defendants were in sustained compliance with several of the 1994 Settlement Agreement’s provisions. The sole remaining issue is Defendants’ compliance with the 1994 Settlement Agreement’s Americans with Disabilities Act (ADA) Provision, at § 9, page 21:
Defendants shall ensure that inmates with disabilities are not excluded from participation in, or denied the benefits of housing, services, facilities and programs because of their disabilities. The Defendants shall develop and implement plans to integrate the disabled inmates into the mainstream of the institution.
(the “ADA Provision”).
WHEREAS, on June 29, 2012, this Court entered the Parties’ Unopposed Stipulation Regarding ADA Expert Appointment designating Paul Bishop “as the parties’ expert to assess Defendants’ compliance with the ADA provision (Section 9) of the [1994] Settlement Agreement.” Doc. 1477 at 1. The Court later appointed Raphael Frazier as the Parties’ joint ADA programmatic expert. Doc. 1480.
WHEREAS, on May 25, 2013, Paul Bishop and Raphael Frazier, the Court-appointed experts, submitted their report finding that MSP’s programs, as well as the facility, did not substantially comply with the ADA Provision (“2013 Reports”).
EXHIBIT A
1

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 11 of 100
WHEREAS, the case has been stayed since that time to allow the Parties to discuss resolution. Docs. 1503-05, 1507, 1510-13, 1519-20, 1525, 1528.
WHEREAS, the Parties have engaged in extensive, arms-length negotiations concerning the topics addressed in the 2013 Reports.
WHEREAS the Parties have reached agreement on a subset of the topics addressed in the 2013 Reports and wish to memorialize those agreements in this Settlement Agreement.
WHEREAS, based upon extensive analysis of the facts and the law applicable to the ADA Provision, and taking into account the extensive burdens and expense of litigation, including the risks and uncertainties associated with protracted trials and appeals, as well as the fair, cost-effective, and assured method of resolving the claims under the ADA Provision, Class Counsel has concluded that this Settlement Agreement provides substantial benefit to the Class and is fair, reasonable, and adequate and in the best interest of the Class.
WHEREAS, Defendants deny and continue to deny any and all liability or wrongdoing to Plaintiffs. By entering into this Settlement Agreement, Defendants do not admit any impropriety, wrongdoing or liability of any kind whatsoever, including any as to the claims raised under the ADA Provision of the 1994 Settlement Agreement, and on the contrary, expressly deny the same; and Defendants have entered into this Settlement Agreement solely for the purpose of avoiding the expense, inconvenience, distraction and delay of litigating the issues addressed herein, without admitting any wrongdoing or liability whatsoever. The Parties agree that this Settlement Agreement does not constitute evidence of or an admission of any liability, omission or wrongdoing of any kind by the Defendants, the State of Montana, or any former or current employee, official, agent, or attorney of the Montana Department of Corrections or State of Montana; and
WHEREAS, the Parties desire to settle certain claims asserted under the ADA Provision of the 1994 Settlement Agreement and to enter into a settlement agreement related to such claims, in accordance with the provisions and upon the terms and conditions hereafter set forth.
AGREEMENT
I. CONDITIONS PRECEDENT.
This Settlement Agreement shall be conditioned upon and shall be effective only upon, the occurrence of all of the following events (“Effective Date”):
A. Filing of the pleadings described in Paragraph VII;
B. Grant by the Court of preliminary approval of this settlement and issuance of notice thereof;
C. Notice to the Class in accordance with Paragraph VIII of this Agreement;
2

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 12 of 100
D. A Final Approval Hearing held in accordance with Paragraph VII of this Agreement;
E. Final approval of this Agreement by the Court following a Final Approval Hearing;
F. Incorporation of this Settlement Agreement into an order of the Court; and
G. Expiration of the time to appeal the Final Approval without the filing of an appeal; or, if an appeal is filed, final adjudication or resolution of the same.
II. DEFINITIONS.
A. “1994 Settlement Agreement” means the Settlement Agreement entered into by the Parties and approved by the Court on November 29, 1994.
B. “ADA” means the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. and its implementing regulations.
C. “ADA Provision” means the provision at § 9, page 21 of the 1994 Settlement Agreement, which provides:
Defendants shall ensure that inmates with disabilities are not excluded from participation in, or denied the benefits of housing, services, facilities and programs because of their disabilities. The Defendants shall develop and implement plans to integrate the disabled inmates into the mainstream of the institution.
D. “Arbitrator” means Michael K. Brady. Should Mr. Brady become unavailable during the Term of this Settlement Agreement, the Parties will meet and confer in good faith to select a replacement.
E. “Class” means the members of the class certified by the Court on January 14, 1994: “Named Plaintiffs and all other similarly situated Montana State Prison inmates currently housed at the Deer Lodge facility or who may be housed there in the future.”
F. “Class Counsel” means:
Alex Rate ACLU of Montana P.O. Box 9138 Missoula, MT 59807 jone@aclumontana.org
Eric Balaban ACLU National Prison Project
3

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 13 of 100
915 15th Street, NW 7th Floor Washington, DC 20005-2112 ebalaban@aclu.org
Amy Robertson Civil Rights Education and Enforcement Center 104 Broadway Suite 400 Denver, CO 80203 arobertson@creeclaw.org
or other attorneys with the foregoing organizations, provided that Class Counsel shall notify counsel for Defendants in accordance with Paragraph X hereof.
G. “Defendants” means, all in their official capacities, Steve Bullock, Governor of Montana; Reginald D. Michael, Director of the Montana Department of Corrections; Jim Salmonsen, Interim Warden of Montana State Prison, and the Montana Department of Corrections.
H. “Disability” shall have the meaning ascribed to it in 42 U.S.C. § 12102.
I. “Employee” means an individual employed by the Department of Corrections at MSP or whose responsibilities include contact with inmates or whose action may impact conditions of confinement.
J. “MDOC” means the Montana Department of Corrections.
K. “MSP” means Montana State Prison, including all of its housing, services, facilities, programs, and activities.
L. “Notice” means the Notice of Class Settlement described in Paragraph VIII below.
M. “Qualified Mental Health Staff” means mental health staff who are eligible to participate, consult, and offer opinions in the disciplinary process. Such staff includes psychologist, or psychiatrist, or any other mental health staff who have the minimum qualification of being a licensed clinical social worker.
III. ADA COMPLIANCE.
A. Architectural Barriers.
1. Defendants have remediated 700 of the approximately 840 barriers identified in the 2013 Reports. In addition, Defendants have taken or will take, within six months of Final Approval or other deadline specified in Exhibit 1, the measures described in Exhibit 1 hereto.
4

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 14 of 100
2. Within six months of Final Approval, Defendants will provide access for prisoners with mobility disabilities to the basketball court located in the low side gym using a lift, ramp, or other means that provide equivalent access.
3. Defendants will ensure that access required by this Settlement Agreement and by the Americans with Disabilities Act and its implementing regulations is maintained at MSP, except for isolated and temporary interruptions due to maintenance or repairs.
4. Defendants will ensure that any New Construction or Alterations (as those terms are used in 28 C.F.R. § 35.151(c)(3)) performed at MSP during the Term of this Settlement Agreement will comply with the 2010 Standards as that term is defined in 28 C.F.R. § 35.104 (2016).
B. Policy Changes.
1. Pursuant to the Parties’ agreement, Defendants have revised the policies and procedures listed in Exhibit 2 as well as those attached as Exhibits 3 through 8, hereto.
2. Defendants shall ensure that all fire evacuation policies provide for the safe and nondiscriminatory evacuation of inmates with disabilities, including ensuring that they contain the following:
a. For all buildings, language stating, “Ensure that staff, visitors, and inmates with disabilities are safely evacuated;”
b. In one-story buildings and for the first-floor of multi-story buildings without elevators, a fire evacuation route diagram, posted in the building in an accessible location, and drawn on the floor, that indicates which route is fully wheelchair-accessible; and
c. In multi-story buildings with elevators in which inmates may be present above the first floor, a Garavanta Evacu-Trac or equivalent device and instructions concerning how to use it to ensure inmates who are unable to use stairs are properly evacuated.
3. Defendants shall ensure that the policies listed below and any other policy amended in the future that affects inmates with Disabilities (“Paragraph III(B)(3) Policies”) shall include language effectuating the following principles:
a. In non-emergent circumstances, no inmate shall be disciplined, placed on a behavior management plan, classified, or reclassified to a higher level of security based upon his Disability or upon behavior that is a product of his Disability, after a prompt and appropriate evaluation by Qualified Mental Health Staff.
b. No inmate shall be placed in pre-hearing confinement or placed in locked housing based solely upon his Disability or upon behavior
5

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 15 of 100
that is a product of his Disability, unless, after a prompt and appropriate evaluation by Qualified Mental Health Staff, such Staff determines that the inmate presents such an immediate and serious danger that there is no reasonable alternative. In such case, the inmate will be promptly and regularly re-evaluated with the goal of securing appropriate treatment and reintegrating into general population.
c. Every inmate with a Disability shall receive the reasonable accommodations necessary for him to understand and meaningfully participate in any proceeding addressed by the below policies or read or prepare or understand any written materials described in the below policies or the Paragraph III(B)(3) Policies.
d. No inmate with a Disability may be denied a reasonable accommodation simply because he is in locked housing or materially similar conditions, unless safety or security concerns render the accommodation unreasonable.
e. Inmates who use wheelchairs (who cannot stand independently) will not be housed in the isolation cells located in locked housing units. Inmates who use wheelchairs who are not able to transfer into a shower stall will not be housed in locked housing.
f. Defendants shall draft and implement policies consistent with the Americans with Disabilities Act addressing placement of inmates with mental disabilities in locked housing.
g. The policies covered by this Paragraph include:
a. DOC 4.2.1 Offender Classification System b. DOC 4.5.21 Locked Housing Offender Health Evaluation
c. MSP 3.4.1 Institutional Discipline
d. MSP 3.4.100 Pre-Hearing Confinement
e. MSP 3.5.1 Locked Housing Operations
f. MSP 3.5.5 Behavior Management Plans
g. MSP 4.2.1 Inmate Classification System
h. MSP 4.2.200 Management of Atypical Inmates
h. Within 60 days of the Effective Date, Defendants shall draft and send to Class Counsel amended versions of the policies listed in Paragraph 4 above that comply with that paragraph . Plaintiffs shall respond with any comments or proposed changes within two weeks of receipt of any given policy. Should the parties be unable to agree on the content of the policies, either Party may submit the matter to the Dispute Resolution procedure in Paragraph V below.
6

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 16 of 100
4. All policies agreed to and finalized as set forth in this Agreement shall be implemented by Defendants. If at any time during the Term of this Settlement Agreement, Defendants should propose to amend any policy covered by this Paragraph III(B), or any policy that implicates the areas covered by these policies, in a way that materially implicates compliance with the ADA or treatment of inmates with disabilities, Defendants will so notify Class Counsel at least 30 days prior to implementing such amendment. The Parties shall meet and confer in good faith to determine whether such amendment complies with the ADA. If the Parties are unable to agree, either Party may submit the matter to the Dispute Resolution procedure in Paragraph V below.
C. Training.
1. Defendants shall provide training to all new Employees sufficient to ensure that they can implement the terms of this Settlement Agreement.
2. Defendants shall provide in-service training within eighteen months of the Effective Date and again at least once every three years to ensure that existing Employees continue to be able to implement the terms of this Settlement Agreement. Such training shall include documented posttraining testing of all participating Employees, and retraining of Employees who do not receive passing scores (80% or above).
3. Defendants shall obtain from each Employee who receives the training described in this Paragraph a signed verification that the Employee participated in the training and received the materials.
4. Defendants shall make available on computers accessible to all Employees the “Frequently Asked Questions” page . This information will also be disseminated in the form of a Post Order.
5. Within 60 days of the Effective Date, Defendants shall provide Class Counsel with a copy of the training materials (including the “Frequently Asked Questions” page) Defendants intend to use to satisfy their obligation under this Paragraph III(C). Class Counsel shall have the opportunity to read, comment, and propose changes to the training materials. If the Parties fail to agree, either party may submit the dispute for resolution pursuant to Paragraph V hereof.
6. Defendants shall report to Class Counsel as to Employee training, per Paragraph IV below.
IV. Reporting and Monitoring.
A. The Parties agree that there will be a two-year implementation and reporting period with respect to the progress of implementation and compliance with this Settlement Agreement, such period to commence when the training referred to in ¶ III(C)(2) has been completed and the policies referred to in ¶ III(B)(4) are fully drafted and approved, including any period required for dispute resolution.
7

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 17 of 100
B. The Arbitrator, Class Counsel and their experts shall have reasonable access, with reasonable advance notice, to the institutions, Employees, contractors, prisoners, and documents necessary to properly evaluate whether Defendants are complying with the provisions of this Paragraph and other provisions of this Agreement. The Parties shall cooperate so that the Arbitrator and Class Counsel and their experts have reasonable access to information reasonably necessary to perform their responsibilities required by this Agreement without unduly burdening Defendants. If the Parties fail to agree, either party may submit the dispute for resolution pursuant to Paragraph V hereof.
V. DISPUTE RESOLUTION.
A. Step 1: Conferral.
1. If any Party believes that a dispute exists relating to the performance or interpretation of the provisions of this Settlement Agreement, it shall notify all other Parties in writing, describing the dispute and clearly identifying that they are invoking the dispute resolution process under this Paragraph V.
2. The Party receiving the notice shall respond in writing to such notice within ten business days of receipt of the notice.
3. Within ten business days of receipt of the response, Class Counsel and Counsel for Defendants shall meet and confer by telephone or in person, and attempt in good faith to resolve the issue informally.
B. Step 2: Arbitrator
1. If, after completing the steps set out in Paragraph V(A), either Party believes that a dispute still exists relating to the performance or interpretation of this Settlement Agreement, the Parties shall jointly submit the matter to the Arbitrator to resolve the dispute.
2. In evaluating any dispute under this Agreement, the Parties, the Arbitrator, and/or any other decision-maker or forum shall be guided by the Findings and Purposes of the ADA, 42 U.S.C. § 12101, and shall apply the substantive standards of Title II of the ADA, 42 U.S.C. § 12131 et seq. and its implementing regulations.
3. The fees and expenses of the Arbitrator relating to the Settlement Agreement shall be paid by Defendants.
4. The Arbitrator’s resolution of any disputes under this Settlement Agreement shall be final, binding, and non-appealable.
C. Step 3: Relief from Court. The Parties may only seek relief from the Court to enforce any decision of the Arbitrator with which a Party refuses to comply.
8

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 18 of 100
D. Attorneys’ Fees in Dispute Resolution:
1. Defendants shall be responsible for Plaintiffs’ attorneys’ fees and costs incurred in connection with Steps 1 and 2 of this Dispute Resolution process.
2. Attorneys’ fees shall be awarded for any action before the Court pursuant to the fee-shifting standards of 42 U.S.C. § 12205.
VI. ATTORNEYS’ FEES AND COSTS.
A. Defendants shall pay Class Counsel their reasonable attorneys’ fees and costs for all work performed that has not been previously settled or resolved. Fees and costs shall be awarded under the ADA’s fees shifting standards in 42 U.S.C. § 12205.
B. The parties shall attempt in good faith to resolve all claims for fees and expenses before seeking relief from the Special Master.
C. The parties agree to the appointment of a Special Master under Fed. R. Civ. P. 53(a)(1)(B) if necessary to address unresolved fees and expense issues. Should appointment of a Special Master become necessary, the parties will meet and confer in good faith to agree on a proposed Special Master and otherwise to comply with Fed. R. Civ. P. 53(b). Defendants are responsible for payment of the Special Master’s compensation. The parties further agree that the limitations on special masters under 18 U.S.C. § 3626(f) do not apply to this limited appointment to address fees and expenses under 42 U.S.C. § 12205.
D. Following its approval of this Settlement under Fed. R. Civ. P. 23, the Court shall retain jurisdiction to determine any remaining unresolved fees and expenses.
VII. COURT APPROVAL.
A. Motion for Preliminary Approval. Within 30 days of the execution of this Agreement, Plaintiffs shall file an Unopposed Motion for Preliminary Approval of Class Settlement requesting that the Court:
1. Grant preliminary approval of this Settlement Agreement;
2. Approve of the proposed notice and proposed plan for dissemination of the notice to the Class as outlined in Paragraph VIII;
3. Order the following procedures for Objections:
a. Any member of the Class may object to the proposed Settlement Agreement by filing, within 60 days after the Notice deadline (the “Notice Period”), written objections with the Clerk of the Court; and
9

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 19 of 100
b. Only such objecting Class Members shall have the right, if they seek it in their objection, to present objections orally at the Final Approval Hearing; and
c. The Court shall determine whether it will hear from any objecting Class members at the Final Approval Hearing, and will enter an Order identifying all objecting Class Members it wants to hear from at the hearing.
4. Schedule a Final Approval Hearing for a date at least 120 days after the Notice Deadline.
B. Motion for Final Approval. At least two weeks prior to the Final Approval Hearing, Plaintiffs shall file, and Defendants shall not oppose, a mutually acceptable motion seeking final approval of the Settlement Agreement and responding to any objections to the Settlement Agreement, and shall request that the Court enter Judgment in the form of Exhibit 9.
C. Injunction Narrowly Drawn. The Parties stipulate and jointly request (and shall request in the motion for preliminary approval and/or their motion for final approval) that the Court find that, as of the Effective Date, this Settlement Agreement satisfies the requirements of 18 U.S.C. § 3626(a)(1)(A) in that it is narrowly drawn, extends no further than necessary to correct the violation of the federal right, and is the least intrusive means necessary to correct the violation of the federal right of Plaintiffs.
VIII. NOTICE TO THE CLASS OF THE PROPOSED SETTLEMENT.
A. Form of Notice. Notice of this Agreement (the “Notice”) shall be in the form agreed to by the Parties attached as Exhibit 10.
B. Dissemination of Notice. Notice shall be disseminated as follows:
1. A copy of the Notice shall be distributed to each inmate at MSP.
2. The Notice shall be posted throughout MSP in conspicuous locations at all of the following locations: each housing unit, each library, each dining and common recreation area, the Work Reentry Center, and the Infirmary.
3. The Notice shall be provided to inmates who enter MSP during the Notice Period as part of their orientation process at MSP.
4. Copies of the Notice and this Settlement Agreement shall also be available in all MSP libraries.
10

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 20 of 100
5. Copies of the Notice, this Settlement Agreement, and any affected policy shall be made available to inmates upon request to MSP staff or Class Counsel. Defendants shall keep a record of each time staff provide a copy of settlement materials to an inmate.
6. Inmates with disabilities may request reasonable accommodations, such as staff assistance, necessary for them to understand the Notice and this Settlement Agreement. All such requests for assistance shall be documented in OMIS and a list of all inmates requesting assistance shall be provided to Class Counsel.
7. Accessible versions of the Notice and this Settlement Agreement shall be posted on the website of the Montana Department of Corrections and made available for public review and downloading.
8. The expense of giving notice to the class members shall be paid by the Defendants.
C. The Parties agree that the proposed Notice is reasonably calculated to apprise the Class of the pendency of this Settlement Agreement.
IX. RELEASE.
A. Subject to Paragraph VIII(B) and (C) hereof, effective on the date of Final Approval of this Agreement, all members of the Class and their executors, successors, heirs, assigns, agents and representatives, in consideration of the relief set forth herein, the sufficiency of which is expressly acknowledged, unconditionally and forever do fully and finally release, acquit and discharge all Defendants and their present, former or future directors, officers, managers, supervisors, employees, attorneys, insurers, agents, and representatives, from any and all actions, causes of action, claims, charges, demands, losses, judgments, liens, indebtedness and liabilities arising out of the Released Claims.
B. The “Released Claims” include classwide claims for injunctive relief, declaratory relief, and any attendant costs and attorneys’ fees (except those provided in Paragraph V(D) above), whether known or unknown, suspected or unsuspected, arising under the ADA at the Montana State Prison. Notwithstanding the foregoing, the plaintiffs do not waive or release any claims that may arise under the terms of this Settlement Agreement including the requirement that the Defendants draft and implement policies consistent with the Americans with Disabilities Act addressing placement of inmates with mental illness in locked housing.
C. Nothing in this Settlement Agreement releases any claims for damages.
11

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 21 of 100
X. COMMUNICATIONS.
Any notice or communication required or permitted to be given to Named Plaintiff(s), the Class, Class Counsel, or Defendant(s) under this Agreement shall be given in writing by email and U.S. Mail, addressed as follows:
To Named Plaintiff(s), Class, or Class Counsel:
Eric Balaban ACLU National Prison Project 915 15th St., N.W. Seventh Floor Washington, D.C. 20005 202/393-4930 ebalaban@aclu.org
and
Alex Rate ACLU of Montana P.O. Box 9138 Missoula, MT 59807 (406) 443-8590 ratea@aclumontana.org
and
Amy F. Robertson Civil Rights Education and Enforcement Center 104 Broadway, Suite 400 Denver, CO 80203 (303) 757-7901 arobertson@creeclaw.org
To Defendant(s):
Colleen Ambrose Montana Department of Corrections 5 South Last Chance Gulch P.O. Box 201301 Helena, MT 59620-1301 406-444-4152 cambrose@mt.gov
12

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 22 of 100
If the above addresses or the appropriate contact change, it is the responsibility of the Party whose address is changing to give written notice of said change to all other Parties within thirty (30) business days following the effective date of said change.
XI. TERM
The term of this Settlement Agreement shall be two years from the date on which the training referred to in ¶ III(C)(2) has been completed and the policies referred to in ¶ III(B)(4) are fully drafted and approved, or the date on which all disputes raised pursuant to Paragraph V hereof shall be resolved, whichever is later.
XII. MODIFICATION OF AGREEMENT.
Prior to Final Approval, this Agreement can only be amended by written agreement of the Parties hereto. Following Final Approval, no modification of this Agreement shall be effective unless it is pursuant to Court Order.
XIII. SEVERABILITY.
If any provision or any part of this Agreement shall at any time be held unlawful, or inconsistent with applicable law, in whole or in part, under any federal, state, county, municipal or other law, ruling or regulation, then the remaining provisions of this Agreement shall remain effective and enforceable.
XIV. EXECUTION IN COUNTERPARTS.
This Agreement may be signed in counterparts, each of which will be deemed an original for all purposes and all of which together will constitute one and the same agreement. This Agreement may be executed by facsimile or electronic signature by any party and such signature shall be deemed binding for all purposes.
XV. DUTY TO SUPPORT AND DEFEND DECREE.
The Parties by their signatures below, each agree to abide by all of the terms of this Agreement in good faith and to support it fully, and shall use their best efforts to defend this Agreement from any legal challenge, whether by appeal or collateral attack.
XVI. ENTIRE AGREEMENT.
This Agreement contains all the agreements, conditions, promises and covenants among Named Plaintiffs, the Class, Class Counsel, and Defendants regarding matters set forth in it and supersedes all prior or contemporaneous agreements, drafts, representations or understandings, either written or oral, with respect to the subject matter of the present Agreement.
[Signature Page to Follow]
13

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 23 of 100

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 24 of 100

In re Litigation Relating to the Conditions of Confinement at Montana State Prison Civil Action No. 93-46-H-DWM-JCL Exhibit 1

ID

Building

192 Canteen

Location Exit Door

Alleged Barrier
The exterior landing has a 10.7% ‐ 12.5% slope.

Resolution
Create ramp at side entrance and add signage at front entrance.

21 Chapel

Stage

There is no accessible route to the stage. Stage has been removed.

30 Chapel
31 Chapel 36 Chapel 865 Chapel 866 Chapel 222 Dairy 161 Food Factory

Inmate Restroom

The accessible toilet compartment is only 37‐1/2" wide, the compartment door is only 31‐1/2" wide not self‐ closing, has a twist‐type latch and the toilet seat height is 21‐1/2" AFF.

One toilet and partition have been removed to create accessible restroom.

Inmate Restroom There are 3 urinals and the lip height is See Item 30. 24" AFF at all and they are all 12" deep.

Drinking Fountain The drinking fountain is not high/low.

Add signage explaining the availability of cups for those who can't use the low water fountain.

High Side Entrance Inmate Restroom
Entrance
Inmate Break Room

There is a bell on the door that is too high for inmates in wheelchairs to ring.
Paper towel dispenser is too high in light of length of accessible lavatory.
The ramp slopes 10.2% and there is a handrail on 1 side only that lacks a curb or wheel guide.

Lower bell to max 48".
Lower to max 44".
Add paved landing area at the bottom 60" x 60" or as close to that as space permits and handrail on the building side.

There are no tables that provide a

Provide one accessible table.

minimum 30" wide x 27" high x 19" deep

knee space.

EXHIBIT 1
1

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 25 of 100

ID

Building

163 Food Factory

Location
Inmate Break Room

Alleged Barrier
The door requires 9‐12 pounds of opening force and closes too quickly.

Resolution
Adjust both doors to maximum door force of 5 lbs. and minimum closing time of 5 seconds.

616 Food Factory Office 1

81 Furniture

Northwest Emergency Exit

82 Furniture 84 Furniture

East Emergency Exit
Northwest Emergency Exit

There are no tables that provide a

Provide one accessible table in Office #2.

minimum 30" wide x 27" high x 19" deep

knee space.

The exit leads to dirt, which is not a firm, stable and slip‐resistant surface upon which to travel a sufficient distance away from the building, especially in inclement weather.

Construct accessible paths from emergency exit to sidewalk.

The exit leads to stairs.

Construct accessible paths from emergency exit to sidewalk.

The exterior landing is 3/4" lower than the interior landing.

Construct accessible paths from emergency exit to sidewalk.

618 Furniture

South Emergency The exterior landing is 3/4" lower than

Exit

the interior landing.

Construct accessible paths from emergency exit to sidewalk.

619 Furniture 621 Furniture 622 Furniture 624 Furniture

West Emergency Exit
Northwest Emergency Exit
Spray Booth

The exterior landing is 3/4" lower than the interior landing.
The door has knob hardware.

Construct accessible paths from emergency exit to sidewalk.
Install mutually‐agreeable secure lever hardware.

Door hardware mounted too high (55"). Add door hardware at 48".

Southwest Emergency Exit

The door has knob hardware.

Install mutually‐agreeable secure lever hardware.

2

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 26 of 100

ID

Building

626 Furniture

627 Furniture

444 High Dining 445 High Dining
446 High Dining

Location South Emergency Exit
Southwest Emergency Exit

Alleged Barrier
The exit leads to dirt, which is not a firm, stable and slip‐resistant surface upon which to travel a sufficient distance away from the building, especially in inclement weather.

Resolution
Construct accessible paths from emergency exit to sidewalk.

The exit leads to dirt, which is not a firm, stable and slip‐resistant surface upon which to travel a sufficient distance away from the building, especially in inclement weather.

Construct accessible paths from emergency exit to sidewalk.

Inmate Restroom There are no grab bars at the toilet.

Install compliant grab bars.

Inmate Restroom

The urinal lip height is 24" AFF, the flush control is 54" AFF and the fixture is 12" deep.

Urinal removed.

Inmate Restroom The accessible lavatory pipes are not insulated.

Phase in corrections‐grade accessible sinks by purchasing Acorn brand stainless fixtures that have traps concealed and replace when existing fixtures are broken but in no event later than the end of fiscal year 2019.

545 High Exterior Sweat Lodge

There is no accessible route to the sweat lodge, track, picnic tables, baseball field or basketball and volleyball courts. The dirt surface is not firm and stable, especially in wet weather.

Provide an accessible route paved with crushed granite to the sweat lodge, track, picnic tables, baseball field or basketball and volleyball courts.

3

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 27 of 100

ID

Building

628 High Exterior

Location Track

875 High Exterior

423 High Gym

General

427 High Gym

Exercise Equipment

429 High Gym 433 High Gym

Entrance Inmate Shower

Alleged Barrier
There is no accessible route to the sweat lodge, track, picnic tables, baseball field or basketball and volleyball courts. The dirt surface is not firm and stable, especially in wet weather.

Resolution Repave with crushed granite.

Sidewalk has excessive slope.

Sidewalk to be replaced at compliant slope.

The rubber exercise mats have an untreated edge that is 5/8" high and vertical.
There is less than 36" clear width adjacent to several pieces of exercise equipment.

Provide portable aluminum wedge that creates compliant edge to be hung in office & controlled by officers.
Install signage indicating that inmates with disabilities may request that equipment be moved to provide access.

The door has knob hardware.

Install mutually‐agreeable secure lever hardware.

The lavatory pipes are not insulated.

Phase in corrections‐grade accessible sinks by purchasing Acorn brand stainless fixtures that have traps concealed and replace when existing fixtures are broken but in no event later than the end of fiscal year 2019.

434 High Gym 437 High Gym
439 High Gym

Inmate Shower The lavatory faucets are knob type.

Install mutually‐agreeable secure lever hardware.

Inmate Shower

The toilet paper dispenser is located on Move toilet paper dispenser to compliant location. the wall behind the toilet.

Drinking Fountain

The drinking fountain is not high/low, there is no knee space and the spout is 39" AFF.

Install compliant low drinking fountain with signage indicating availability of cups.

4

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 28 of 100

ID

Building

863 High Gym

Location Inmate Shower

Alleged Barrier
Paper towel dispenser is too high (56"). There is a hand dryer but it is across the room from the lavatory.

Resolution Move hand dryer adjacent to lavatory.

388 High Support

Inmate Restroom

The wall‐mounted box is 56" AFF and projects 4‐1/2", creating a protruding object hazardous to individuals with vision impairments.

Cover with soffit box that extends to the floor.

391 High Support 400 High Support

Classrooms (3) Inmate Restroom

There are no tables that provide a minimum 27" high x 19" deep knee space.
The lavatory pipes are not insulated.

Addressed in policy. See MSP 2.1.1 MSP Maintenance, ¶ III(B)(5)(b)(4).
Phase in corrections‐grade accessible sinks by purchasing Acorn brand stainless fixtures that have traps concealed and replace when existing fixtures are broken but in no event later than the end of fiscal year 2019.

402 High Support Inmate Restroom The faucets are knob type.

Install mutually‐agreeable secure lever hardware.

403 High Support Inmate Restroom The rear grab bar is only 24" long and is Replace combo grab bar with compliant side (42") and

mounted at 34" AFF.

rear (36") grab bars.

405 High Support 698 High Support

Library

The drinking fountain is not high/low, the spout is 42" AFF, there is no knee space and the alcove is only 25" wide.

Inmate Restroom The door has knob hardware.

Install compliant low drinking fountain with signage indicating availability of cups.
Install mutually‐agreeable secure lever hardware.

700 High Support

Conference Room 2

There are no computer stations that provide a minimum 30" wide x 27" high x 19" deep knee space.

Ensure compliant computer station in this conference room.

5

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 29 of 100

ID

Building

408 High Visiting

411 High Visiting

864 High Visiting 233 Honor Dorm
245 Honor Dorm 253 Honor Dorm

254 Honor Dorm

264 Honor Dorm

Location Door to Yard

Alleged Barrier The metal threshold is 3/4" high.

Contact Visiting Inmate Restroom

The accessible lavatory rim is 30‐1/2" AFF and the apron height is 26‐1/4". (Photo Page 2 UL)

Lobby

Hooks in lobby too high (over 70").

Resolution Interior fixed; MDOC will provide transition at exterior side. Surveyed the only inmate RR available in this building. Rear grab bar is only 24". Replace with 36" grab bar. Move flush handle to wide side. Lower mirror to 40".
Lower one set of hooks to 48."

Sweat Lodge

There is no accessible route from the building.

MDOC will provide an accessible route paved with crushed granite.

Library Book Request Conference Room 1
General

The pencil sharpener is 63" AFF.
There are no tables that provide a minimum 30" wide x 27" high x 19" deep knee space. Inmates use the tables when performing silverware rolling job duties.
There are 192 cells but none are designated as accessible. Some cells lack the required strike side clearance adjacent to the door due to the bunk beds, some lack accessible desks and others have coat hooks mounted above accessible reach range.

Lower pencil sharpener.
Addressed in policy. See MSP 2.1.1 MSP Maintenance, ¶ III(B)(5)(b)(4).
Remove the desk drawer to create compliant knee space as needed for inmates who use wheelchairs. Provide alternative storage space to compensate for desk drawer and shelving that is out of reach.

Kitchen Inmate Restroom

The centerline of the toilet is not 18" from the side wall (21‐1/2").

Furr out wall to ensure proper distance between toilet and grab bar.

6

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 30 of 100

ID

Building

268 Honor Dorm

Location
Kitchen Inmate Restroom

Alleged Barrier
The space between the side grab bar and the wall is 4‐1/2".

Resolution
Furr out wall to ensure proper distance between toilet and grab bar.

710 Honor Dorm Kitchen

The lavatory/hand sink pipes are not insulated.

Phase in corrections‐grade accessible sinks by purchasing Acorn brand stainless fixtures that have traps concealed and replace when existing fixtures are broken but in no event later than the end of fiscal year 2019.

711 Honor Dorm 717 Honor Dorm 718 Honor Dorm

300 Wing Inmate Restroom
300 Wing Inmate Restroom
400 Wing Inmate Restroom

The coat hooks are all 63" ‐ 70" AFF.
The slope at the floor drain is 3.8% ‐ 13.0%. The slope at the floor drain is 3.8% ‐ 13.0%.

Lower coat hooks and ensure installed right side up. Install large metal plate to eliminate excessive slope. Install large metal plate to eliminate excessive slope.

720 Honor Dorm Day Rooms

There are no tables that provide a minimum 30" wide x 27" high x 19" deep knee space. Inmates use the tables when performing silverware rolling job duties.

Provide compliant tables.

7

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 31 of 100

ID

Building

721 Honor Dorm

821 Honor Dorm

Location Dining
300 Wing Inmate Restroom

Alleged Barrier
There are no tables that provide a minimum 30" wide x 27" high x 19" deep knee space. Inmates use the tables when performing silverware rolling job duties.

Resolution Provide compliant tables.

The shower curtain requires tight grasping to close and there is less than 80" clearance under the curtain rod.

Alter curtain to provide accessible hand slot that does not require tight grasping, pinching, or twisting of the wrist.

872 Honor Dorm Kitchen

873 Honor Dorm

Kitchen inmate Restroom

Commercial sink is inaccessible.
Moveable objects obstruct clear floor space.

Inmates are not permitted to wash personal dishes in the kitchen.
Add sign with ISA stating "Do not block clear floor space in restroom" to each common use accessible restroom.

737 HSU‐1

LD Inmate Shower The shower curtain requires tight grasping to close and there is less than 80" clearance under the curtain rod.

Alter curtains in accessible showers to provide accessible hand slot that does not require tight grasping, pinching, or twisting of the wrist.

752 HSU‐1

Cell LD 121

There is not a 30" wide x 19" deep leg space at the lavatory due to the angled portion.

Space will be reconfigured as necessary on a reasonable accommodation basis.

760 HSU‐1

Cell LD 12

There is no side grab bar. Staff indicated that a folding‐type grab bar is available but it is the same type as provided at HSU‐2.

Install flip‐up grab bars at accessible combo units, positioned so as to mitigate distance of toilet to wall.

763 HSU‐1

Cell LD 12

The centerline of the toilet is not 18" from the side wall (22‐1/2").

Install flip‐up grab bars at accessible combo units, positioned so as to mitigate distance of toilet to wall.

1 Cell LD 12 was surveyed as typical of accessible cells. Resolution applies to all accessible cells.
8

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 32 of 100

ID

Building

148 Industries Dining

151 Industries Dining
154 Industries Dining

518 Infirmary

519 Infirmary

520 Infirmary

Location Dining

Alleged Barrier
There are a total of 64 seats at tables but none that provide a minimum 30" wide x 27" high x 19" deep knee space.

Resolution
Provide tables with proper clear floor space and knee clearance.

Inmate Restroom The door requires 9.5 pounds of opening Adjust to maximum door force of 5 lbs. and minimum

force and closes too quickly.

closing time of 5 seconds.

Inmate Restroom

The far edge of the toilet paper dispenser in the accessible toilet compartment is 47" from the rear wall.

Install compliant toilet paper dispenser.

High Side Single Cells

There are 6 cells (2 of which are negative MDOC will ensure that one negative pressure isolation pressure type) but none are accessible. cell in the infirmary is fully wheelchair accessible.

Low Side Restraint The combination toilet unit is not

Cell

accessible.

See Item 518.

High Side North Ward 1‐4 Restroom

The call button at the toilet is 58‐1/2" AFF placing it above accessible reach range.

MDOC will install call button within reach range on the low wall adjacent to the inaccessible toilet. Add to policy that inmates with disabilities will always have attendants in infirmary.

523 Infirmary 532 Infirmary

High Side North Ward 1‐4 Restroom
Inmate Shower

The toilet privacy curtain requires tight grasping to close.

Alter curtain to provide accessible hand slot that does not require tight grasping, pinching, or twisting of the wrist.

The toilet compartment is only 37" wide Remove left hand toilet and partition and add rear grab

and the access is from the front.

bar to create single accessible toilet compartment.

9

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 33 of 100

ID

Building

533 Infirmary

534 Infirmary
536 Infirmary
796 Infirmary
448 Laundry & Vo‐Ed
449 Laundry & Vo‐Ed
452 Laundry & Vo‐Ed
456 Laundry & Vo‐Ed

Location
High Side North Ward 1 Restroom

Alleged Barrier
The toilet compartment is only 36‐1/2" wide and the access is from the side. The opening is only 24" ‐ 31‐1/2" wide.

Low side Lobby The far edge of the toilet paper Inmate Restroom dispenser is 42" from the rear wall.

Resolution
Remove side partial wall; replace combo unit with accessible combo unit. Bolt raised seat into current unit. To be completed no later than the end of fiscal year 2019.
Install compliant toilet paper dispenser.

Inmate Shower
Low Side South Ward 1 Restroom Classroom

The toilet side grab bar is only 1" diameter and is 24" long and there is no rear grab bar.
The toilet compartment is only 36‐1/2" wide and the access is from the side. The opening is only 24" ‐ 31‐1/2" wide.
There are 8 computer stations but none that provide a minimum 30" wide x 27" high x 19" deep knee space.

See Item 532 See Item 520 Provide and maintain one accessible computer station.

Classroom

The table does not provide a minimum 27" high x 19" deep knee space.

Provide and maintain one accessible computer station.

Inmate Entrance The exterior landing slopes 3.8%.

Install new landing served by a compliant ramp.

Laundry Inmate Break Room

The door requires 9.5 ‐ 15 pounds of opening force and closes too quickly.

Adjust to maximum door force of 5 lbs. and minimum closing time of 5 seconds.

672 Laundry & Vo‐Ed

Laundry Inmate Break Room

The table does not provide a minimum 27" high x 19" deep knee space.

Not in use at this time; when use resumes, ensure at least one accessible table.

675 Laundry & Vo‐Ed

Laundry Inmate Restroom

The door requires 9.5 ‐ 15 pounds of opening force and closes too quickly.

Adjust to maximum door force of 5 lbs. and minimum closing time of 5 seconds.

10

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 34 of 100

ID

Building

867 Laundry & Vo‐Ed

368 Locked Housing Unit 1

Location
Laundry Inmate Restroom B Block Day Room

Alleged Barrier Inaccessible door hardware.
There are no tables that provide a minimum 27" high by 19" deep knee space.

Resolution Install mutually‐agreeable secure lever hardware.
Surveyed E block day room; represented as typical. Provide one accessible seating position.

369 Locked

Isolation Cells (2) There are 2 cells (1 of which is padded)

Housing Unit 1

but neither are accessible.

MDOC agrees that inmates who use wheelchairs will not be held in LHU isolation cells. If isolation is required, they will be held in the Infirmary.

372 Locked

Cell LE 82

Housing Unit 1

The bottom of the reflective surface is higher than 40" AFF.

Lower mirror to 40”.

374 Locked

Cell LE 8

Housing Unit 1

The end of the side grab bar is 19" from the rear of the toilet due to the angled wall.

Install compliant corrections‐grade side grab bar.

379 Locked

B Block Accessible The rear grab bar is only 16" long.

Housing Unit 1 Shower

Facility lacks roll‐in shower.

Addressed in Settlement Agreement ¶ III(B)(4)(d)

868 Locked

Yard

Housing Unit 1

869 Locked

ADA Cells

Housing Unit 1

Threshold of entrance to yard needs transition.
ADA cells do not have desks.

Install compliant threshold. Install a desk in each ADA cell.

2

Cell LE8 was surveyed as typical of accessible cells. Resolution applies to all accessible cells.

11

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 35 of 100

ID

Building

830 Low Side Building A

Location Courtyard

Alleged Barrier
There is no accessible route to the track, picnic tables. The dirt surface is not firm and stable, especially in wet weather.

Resolution Repave with crushed granite.

466 Low Side Building D

Day Room

The top of the ID Card box is 64" AFF, which is too high for a wheelchair user to reach.

Install signage indicating that inmates who cannot reach or use the drop box can ask for assistance.

473 Low Side Building D

Accessible Inmate The flush control is on the narrow side of Move flush handle to wide side of toilet.

Shower Room

the toilet.

558 Low Side

Yard

Exterior

There is no accessible route to the track, Repave with crushed granite. picnic tables. The dirt surface is not firm and stable, especially in wet weather.

563 Low Side Exterior

South Side Infirmary

The ramp slopes 6.3% but there is a handrail on 1 side only.

Second handrail installed.

509 Low Side Gym Exercise Bicycles There is less than 36" clear width adjacent to most of the bicycles.

Install signage indicating that inmates with disabilities may request that equipment be moved as necessary to provide access.

516 Low Side Gym

Drinking Fountain

The drinking fountain is not high/low, there is no knee space and the spout is 40" AFF.

Install a low drinking fountain and signage indicating that cups are available upon request.

651 Low Side Gym Inmate Restroom The door has knob hardware.

Install mutually‐agreeable secure lever hardware.

12

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 36 of 100

ID

Building

Location

Alleged Barrier

859 Low Side Gym Inmate Restroom Brooms stored in clear floor space.

119 Maintenance 132 Maintenance

Maintenance Shop
Electric Shop

The slope at the floor drain is 11.2%. The door has knob hardware.

Resolution Move broom storage from behind RR door. Add sign with ISA stating "Do not block clear floor space in restroom" to each common use accessible restroom. Install large metal plate to eliminate excessive slope.
Install mutually‐agreeable secure lever hardware.

135 Maintenance Machine Shop

The toilet flush control is on the narrow Move flush handle to wide side of toilet.

Inmate Restroom side of the toilet.

136 Maintenance Machine Shop

The centerline of the toilet is not 18"

Inmate Restroom from the side wall (21‐1/2").

Furr out wall to ensure proper distance between toilet and grab bar.

141 Maintenance Wood Shop

The lavatory faucets are knob type.

Inmate Restroom

Install mutually‐agreeable secure lever hardware.

827 Maintenance Paint Shop

The door has knob hardware.

Install mutually‐agreeable secure lever hardware.

828 Maintenance Plumbing Shop to The door has knob hardware. Wood Shop

Install mutually‐agreeable secure lever hardware.

829 Maintenance Wood Shop to Exterior Storage

The door has knob hardware.

Install mutually‐agreeable secure lever hardware.

874 Maintenance Machine Shop Entrance Door

Entrance door requires accessible transition.

Install accessible threshold.

282 MDIU

Yard

The yard surface is dirt, which is not a stable and firm surface, especially when wet.

Repave with crushed granite.

13

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 37 of 100

ID

Building

286 MDIU

Location
B Block Inmate Shower

Alleged Barrier
The threshold to the shower area is 1" high.

Resolution
Add ceramic tile to raise the level of the floor and eliminate the change in level.

290 MDIU 294 MDIU 300 MDIU

B Block Inmate Shower

The shower curtain requires tight grasping to close.

Alter curtain to provide accessible hand slot that does not require tight grasping, pinching, or twisting of the wrist.

Separation Cells

There are multiple cells in each area but none provide an accessible lavatory or toilet.

Install accessible combo unit when current unit fails but in no event later than the end of fiscal year 2019.

Initial Holding Cell The centerline of the toilet is 20" ‐ 25‐ 1/2" from the side wall.

Furr out wall to ensure proper distance between toilet and grab bar. Ensure installation of video orientation programming in initial holding cell.

301 MDIU 304 MDIU 609 MDIU
636 MDIU

Initial Holding Cell The toilet seat height is 15" ‐ 15‐1/2" AFF.

Install accessible toilet when current unit fails but in no event later than two years from Final Approval.

Initial Holding Cell The accessible toilet compartment is only 39‐1/2" wide.

Compartment has been widened to 60".

Break Room

There are no tables that provide a

Provide accessible tables in day rooms so that 5% of

minimum 30" wide x 27" high x 19" deep seating positions are accessible.

knee space.

Inmate Restroom The centerline of the toilet is 20" ‐ 25‐

in Corridor

1/2" from the side wall.

Furr out wall to ensure proper distance between toilet and grab bar.

14

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 38 of 100

ID

Building

649 MDIU

Location Inmate Shower

Alleged Barrier
The threshold to the shower area is 1" high.

Resolution
Add ceramic tile to raise the level of the floor and eliminate the change in level.

46 MVM 47 MVM
59 MVM

Vo‐Ed Inmate Restroom MVM Inmate Restroom
Shop Support Center Office

The slope at the floor drain is 9.9%.

Install large metal plate to eliminate excessive slope.

The toilet privacy curtain requires tight grasping to close.
The door requires 8.5 pounds of opening force and closes too quickly.

Alter curtain to provide accessible hand slot that does not require tight grasping, pinching, or twisting of the wrist. Adjust to maximum door force of 5 lbs. and minimum closing time of 5 seconds.

208 Ranch Office Main Entrance

The door is only 26" ‐ 33" wide and/or 73" high. =

Install signage on this entrance directing people with disabilities to the accessible entrance to the right.

210 Ranch Office

Large Unisex Restroom

479 Rothe

2nd Floor Law Library

There is only 7" strike side clearance on the pull side of the door due to the closet.

Staff restroom to be available to inmates with disabilities; to post signage and install lever handles.

The checkout desk does not provide a minimum 30" wide x 27" high x 19" deep knee space on the staff side. Inmates work on the staff side.

Alter counter to provide 36" wide opening.

15

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 39 of 100

ID

Building

482 Rothe

486 Rothe 585 Rothe

Location 1st Floor Emergency Exit
1st Floor Emergency Exit 2ndFloor Classrooms

Alleged Barrier
The exit leads to grass, which is not a firm, stable and slip‐resistant surface upon which to travel a sufficient distance away from the building, especially in inclement weather. There is a ramp with an 8.1% slope and no handrails.

Resolution New sidewalk has been installed; threshold is level.

The exterior landing is 2‐1/4" lower than See Item 482. the top of the metal threshold.

There are no (or an insufficient quantity of) dining tables/silverware rolling stations/sewing machines/computer stations/study tables or typewriter stations that provide a minimum 30" wide x 27" high x 19" deep knee space.

Addressed in policy. See MSP 2.1.1 MSP Maintenance, ¶ III(B)(5)(b)(4).

496 Security Services
501 Security Services
857 Wallace
172 Warehouse

Satellite Infirmary The coat hooks are all 73" AFF. Waiting

Holding Cell 3

The flush control is a push button type mounted directly behind the center of the toilet.

Single‐user Men’s Restroom on 1st Floor "Cage" Adjacent to Supervisor Office

Toilet is too far from wall (20"). The aisle width is only 29".

Lower coat hooks to 48”.
Install accessible sink/toilet combo unit including accessible grab bars. To be completed no later than the end of fiscal year 2019.
In restroom adjacent to Board of Pardons and Parole room, furr out wall to ensure proper distance between toilet and grab bar. When clerk function is moved to new office, pull shelving toward front of room to create accessible back aisle.

16

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 40 of 100

ID

Building

173 Warehouse

Location

Alleged Barrier

Inmate Restroom The slope at the floor drain is 8.4%.

Resolution Install large metal plate to eliminate excessive slope.

175 Warehouse

Emergency Eye Wash / Shower

The shower activation handle is 70" AFF. Lower handle to 48”.

871 Warehouse

Inmate Restroom Centerline of toilet is 26.5" from the wall.

Furr out wall to ensure proper distance between toilet and grab bar.

17

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 41 of 100

In re Litigation Relating to the Conditions of Confinement at Montana State Prison

Civil Action No. 93-46-H-DWM-JCL

Exhibit 2

Policy or Procedure

Revision Date

DOC 2.3.2 Offender Housing/Construction

12/12/2016

DOC 3.1.17 Searches and Contraband Control

2/2/2017

DOC 3.1.21 Inmate Count and Supervision

12/16/2016

DOC 3.3.15 Americans with Disabilities Act (ADA) Offender Accommodations 12/12/2016

DOC 4.1.1 Offender Admissions Process

12/14/2016

MCE 5.1.1.100 Inmate Work Assignments

1/23/2017

MSP 2.1.1 MSP Maintenance

2/18/2016

MSP 3.1.12 Inmate Escort & Transport

12/5/2016

MSP 3.1.17A Searches

1/20/2017

MSP 3.1.21 Inmate Count & Supervision

11/29/2016

MSP 3.2.10 Fire & Life Safety

12/1/2016

MSP 3.3.3 Inmate Grievance Program

12/8/2016

MSP 3.3.5 Inmate/Staff Communication Methods

1/24/2017

MSP 3.3.7 Inmate Access to Telephones

12/22/2016

MSP 3.3.8 Inmate Visiting

1/20/17

MSP 3.4.102 Unit Rules

1/4/2017

MSP 4.1.1 Inmate Admissions Process

1/19/2017

MSP 4.1.2 Inmate Reception & Orientation

2/10/2017

MSP 4.2.3 Unit Management

1/4/2017

MSP 5.1.3 Inmate Community Work Programs & Projects

12/28/2016

MSP 5.1.102 Inmate Participation in a Long Term Work Program

1/5/2017

MSP 5.3.1 Inmate Academic Education

11/21/2016

MSP 5.3.2 Library Services

1/20/2017

MSP 5.5.3 Recreation Programs

1/20/2017

MSP 5.5.4 Hobby Program

12/5/2016

MSP 5.6.1 Religious Programming

12/5/2016

EXHIBIT 2

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 42 of 100
MONTANA DEPARTMENT OF CORRECTIONS
MONTANA STATE PRISON
M D I U ARTZ IAGNOSTIC & NTAKE NIT
A GUIDE TO ADJUSTMENT
ORIENTATION HAND BOOK
REVISED January 2017
1
EXHIBIT 3

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 43 of 100
TABLE OF CONTENTS MSP/MCE Abbreviated Personnel List……………………....... 3 Notice of Rights for Offenders with disabilities.……………… 4 Mission, Introduction, Useful Advice…………………………... 5 Admissions & Orientation, Unit Rules………………………… 6 Treatment………………………………………………………. 11 Medical and Dental Services…………………………………... 13 Mental Health Services………………………………………… 14 Academic Education/Library Services/ Recreation……………. 15 Religious Activities……………………………………………. 17 Montana Correctional Enterprises (MCE)...…………………… 18 Support Staff and Alternative Programs………………………... 20 Records and Good Time Laws…………………………………. 21 Accounting……………………………………………………… 23 Commissary...…………………………………………………… 24 Indigent Status…………………………………………………... 25 Transfers to Regional and Private Facilities...…………………... 25 Classification…………………………………………………… 25 Food Service……………………………………………………. 26 Communication.………………………………………………… 27 Proof of Common Law Marriage………………………………... 28
2

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 44 of 100
MSP/MCE ABBREVIATED PERSONNEL LIST
ADMINISTRATIVE PERSONNEL:
DIRECTOR OF DEPARTMENT OF CORRECTIONS ACTING DIRECTOR OF DEPARTMENT OF CORRECTIONS
WARDEN OF MONTANA STATE PRISON ASSOCIATE WARDEN HOUSING
ASSOCIATE WARDEN OERATIONS ASSOCIATE WARDEN PROGRAMS
ASSOCIATE WARDEN SECURITY
BUREAU CHIEF TECHNICAL CORRECTIONAL SERVICES BUREAU CHIEF CONTRACT PLACEMENT BUREAU DIRECTOR SPECIALIZED TREATMENT UNIT CHIEF INVESTIGATOR MAIL ROOM SUPERVISOR MAINTENANCE SERVICE MANAGER OPERATIONS MANAGER FOOD SERVICE DIRECTOR CHIEF OF EDUCATION
MARTZ DIAGNOSTIC & INTAKE UNIT:
UNIT MANAGER CASE MANAGER/MDIU CLASSIFICATION SPECIALIST CASE MANAGER/MDIU CLASSIFICATION SPECIALIST
TREATMENT CASE MANAGER SERGEANT 1ST SHIFT
SERGEANT 2ND SHIFT SERGEANT RELIEF 1ST SHIFT SERGEANT RELIEF 2ND SHIFT CORRECTIONAL MANAGER / ADMISSIONS
ADMISSIONS OFFICER ADMISSIONS OFFICER ADMISSIONS OFFICER
RECORDS MANAGER
AMERICANS WITH DISABILITIES ACT (ADA) COORDINATORS:
MSP DOC
BOARD OF PARDONS:
EXECUTIVE DIRECTOR
INSTITUTIONAL PROBATION & PAROLE:
IPPO SUPERVISOR IPPO TREASURE STATE CORRECTIONAL TRAINING CENTER
MEDICAL/MENTAL HEALTH UNIT:
BUREAU CHIEF DIRECTOR OF NURSING MENTAL HEALTH DIRECTOR
MONTANA CORRECTIONAL ENTERPRISES (MCE):
ADMINISTRATOR VOCATIONAL TRAINING DIRECTOR
INDUSTRIES GENERAL MANAGER RANCH MANAGER
FOOD FACTORY DIRECTOR CANTEEN MANAGER RE-ENTRY PROGRAM
3

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 45 of 100 4

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 46 of 100 MISSION:

The Montana Constitution (Article II, Section 28) indicates that corrections shall be based on principles

of prevention and reformation. Full rights of offenders are to be restored upon termination of state

supervision. Montana statutes mandate a state correctional policy that protects society by preventing

crime through punishment and rehabilitation of the convicted. Citizens are held responsible and

accountable for their actions. The state is to pursue alternatives to imprisonment

whenever

appropriate for nonviolent offenders, in order to enable them to become productive members of society

(46-18- 201, MCA). These precursors led to the following mission statement:

The Montana Department of Corrections enhances public safety, promotes positive change in offender behavior, reintegrates offenders into the community and supports victims of crime. The Montana State Prison is dedicated to the protection of the public, employees and offenders and to communicate with victims of crime while providing the opportunity for offenders to make positive changes.

INTRODUCTION

While you are in this institution, this guide book is designed to serve as a handbook for information you will need and to let you know what is expected of you during your stay here. It will be to your benefit to read it. You may have been in an institution similar to this one in the past. In any case, your future here and on the outside will depend on your attitude, habits, and skills that you develop at the Montana State Prison. Take a look at yourself, decide on the kind of life you want to lead, and the kind of work you want to do when you leave here. Involve yourself in the programs that will help you become a better person, better citizen of Montana, and a better citizen of the United States. Your activities and your adjustment here will be of constant concern to many individuals. Some of these individuals are members of the Board of Pardons, Institutional Administrators, Treatment Staff, Correctional Staff, fellow inmates, and the members of your family.

Inmates of this institution must live in close proximity to other inmates assigned to the same housing unit. Respect fellow inmates and staff. Maintaining minimum levels of personal hygiene items and personal property will enhance a harmonious living arrangement. Each Unit Management Team has developed specific regulations for each housing unit. It is your responsibility to obtain a copy of these regulations, familiarize yourself with them, and abide by them.

SOME USEFUL ADVICE

1. PROFIT FROM YOUR RECENT EXPERIENCE

DO NOT..........  Plot, attempt, or assist another to escape.  Take part in any demonstration, disturbance, or act of resistance alone or with others.  Gamble in any form or fashion. It is against policy, and a good way to get yourself in a bind.  Possess a dangerous weapon of any type.  Strike, wound, or assault anyone including yourself.  Borrow, purchase, lend, or steal any property belonging to another.  Play your stereo or television loud enough to disturb your neighbors.

DO...............  Accept responsibility for your actions.  Your own time!!!!!  Cooperate with those that are here to help you.  Utilize your time here to improve yourself.
5

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 47 of 100
 Believe in your ability to change your life in a constructive manner.  What you can to help those around you.  Proactively pursue your goals, become value driven, and principle centered.
2. BE CONCERNED ABOUT YOUR HEALTH
 Keep yourself and your living area clean.  If you have a medical or emotional problem, make it known to staff and, if you need a reasonable accommodation, the ADA Coordinator.  Shower often, keep your cell neat and clean, exercise regularly and be well groomed.
ADMISSION AND ORIENTATION
After your arrival at the Montana State Prison, you will live in the Martz Diagnostic & Intake Unit (MDIU) for approximately 30 to 45 days until you are classified, unless the admissions area is inaccessible to you based on disability, in which case you will be “fast tracked” and assigned to an accessible housing unit within 72 hours, excluding weekends/holiday, of arrival. While there, you will meet and talk with people who will instruct you in what kind of job opportunities and treatment programs are available in the institution, and what is expected of you. You will receive a physical examination, dental examination, mental health screening, an assessment for any disabilities and reasonable accommodations needed, academic testing (including testing for any learning or developmental disabilities), and treatment screening. Your attendance at orientation sessions, your attitude, past record, physical and mental health, as well as your present behavior will be evaluated. This information will be used to help determine your work assignment, unit placement, and custody rating. It will also be used for consideration for transfer to another program such as regional or private prisons, community corrections, or release to community supervision.
RULES AND REGULATIONS
While incarcerated at Montana State Prison, you are expected to follow institutional and unit rules, as well as city, county, state, and federal laws. These rules are intended to ensure safe custody, decent living conditions, and fair treatment for all inmates.
If you do not understand the rules, ask any of your Unit Management Team to explain them.
6

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 48 of 100
MARTZ DIAGNOSTIC AND INTAKE UNIT (MDIU) UNIT RULES
These rules will provide a guideline to let you know what is expected of you while you are housed in the Martz Diagnostic and Intake Unit (MDIU). If you have any questions about what is expected of you, ask a staff member for clarification. Failure to follow unit rules, policies and procedures will result in disciplinary action per MSP Policy 3.4.1 – Institutional Discipline. Your chain of command starts with the Correctional Officer followed by the on Duty Sergeant.
CONTRABAND: Contraband Definition – any item possessed by an inmate or found within the facility that is illegal by law, prohibited by policy or procedure, or unauthorized by those legally charged with the administration and operation of MSP/MCE. For the purpose of this operational procedure contraband includes, but is not limited to: 1. Any item in the possession of an inmate that is not authorized for his retention. 2. Item(s) in excess of authorized quantities. 3. Any item in the possession of an inmate or found in his cell that has been altered from its original condition. 4. Any item being used or altered for a purpose other than what it was intended.
1. CELLS:  There are no requested moves during an inmate's stay at MDIU. “All cell assignments are made
at the discretion of staff.” “Requests made by inmates to change cells will be done at the discretion of unit staff, and requests do not have to be granted.” Cell assignments are designated for safety and security. Inmates having extenuating issues that relate to safety and security can submit an “OSR” to the on duty Sergeant for special consideration on a case by case basis. Inmates who have extenuating issues that relate to a disability should contact the offender ADA Coordinator.  Inmates will not be allowed to be in another inmate’s cell.  Pat searches and strip searches may be conducted at any time including but are not limited to: cell searches, dayroom, mass movements or anytime at the direction of unit staff. Inmates are to cooperate with all searches as interfering will result in a disciplinary infraction. Reasonable accommodations are available to inmates with disabilities that affect searches (e.g., a chair will be provided to inmates who use leg prostheses).  Inmates will not tamper with the vent (i.e.: plugging, diverting, etc.).  At no time shall an inmate cover or block the light fixture, air vent, intercom, sink or toilet in a cell with anything.  Inmates shall not tamper with the sprinkler. This is in place for safety in the event of an emergency.  The call button in the cell is for emergency purposes and is not to be used for general types of questions that can be answered by the Officers when they are on the blocks. Misuse of this will result in disciplinary action.  Cells will be kept neat and clean at all times. Beds will be made whenever the inmate leaves the cell, with the blankets tucked under the mattress.  Inmates must at a minimum wear briefs while in their cell.
7

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 49 of 100
 Nothing will be hung or placed on the walls, windows, door, ceiling, light fixtures or bunks in the cell. This includes photographs. At no time are inmates allowed to use anything to cover the door window. If an inmate violates this, he will receive a disciplinary report.
 No state or personal items will be used as a desk or floor covering. No homemade furniture or any other self-made items of any kind will be allowed in the cells.
 Cells will be inspected prior to occupancy. Inmates will be required to sign a cell check-in sheet. If any damages are noted after placement in the cell, assigned inmates will be charged with destruction of property. Cost of repairs will be determined through the disciplinary process.
 Mattresses will remain on the bunk at all times.  “At no time are inmates allowed to use anything to cover the door window or count hole.”  “At no time shall an inmate cover or block either the light fixture or air vent in a cell.”  “At no time are inmates allowed to tape or otherwise attach anything to the walls in a cell.
2. DAYROOM:  Dayrooms times will be scheduled in one (1) hour increments to afford the opportunity to
participate.  Puzzles may be checked out during dayroom on a first come first serve basis.  Inmates must be fully dressed in state issued pants, shirt, shoes, underwear, socks whenever they
are out of their cell (Except for when showering).  Inmates must shower and clean their cell during dayroom times. Inmates must use the shower
on their tier unless otherwise authorized by Correctional Staff, or as a reasonable accommodation for a disability, by the offender ADA Coordinator.  Inmates are encouraged to shower at least every other day, or in accordance with their housing unit showering schedule. Inmates may be ordered by staff to take a shower if their body odor becomes offensive. If an inmate violates this section, he may be ordered to submit to a shower. Failure to comply will result in disciplinary action in accordance with MSP 3.4.1, Inmate Discipline.  During dayroom times, inmates will be able to deposit appropriate items in the boxes by the block door (mail, canteen, grievances and medical), as well as taking out their trash and getting forms.  During dayroom operations, inmates must be either in the shower, their cell, or in the designated dayroom area on the lower main floor (regardless of which level an inmate lives on).  Inmates are not allowed to be closer than 4 feet from a cell door. Do not go beyond the tape on the floor.  Inmates may not loiter on the second floor walkway (Upper Tier), or on the stairs, or under the walkway.  Visiting from cell to cell is not allowed and inmates cannot be in any other cell but their own.  Horseplay will not be tolerated, and will result in immediate lockdown and will be dealt with through the disciplinary process.  ITEMS MAY NOT BE PASSED FROM INMATE TO INMATE AT ANYTIME.
3. INMATE MOVEMENT:
8

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 50 of 100  Inmates leaving the unit will be escorted in accordance with policy directives for close custody
inmates.  Inmates must be fully dressed in state issued pants, shirt, shoes, underwear, and socks whenever
they are out of their cell (Except for when showering).  Inmates may not wear hats/stocking caps inside of the unit. Per policy 4.4.1, Stocking caps
purchased through the Canteen as personal property will only be allowed to be worn from September 1 through May 30. Stocking caps worn outside of this time period will be confiscated by staff, utilizing a disciplinary infraction report.  Inmates are not allowed to be on any block other than the one assigned to them without staff authorization or they will receive a write-up for being in an Unauthorized Area.
4. WORK & SCHOOL ASSIGNMENTS:  While at MDIU inmates are not expected to have a job or school assignment. They will be
expected to participate in housecleaning duties and janitorial duties in the housing area.  Inmates will be expected to fully and honestly participate in all screening/testing processes.
Failure to comply will result in an infraction report being issued.  The only jobs available to MDIU (reception status) inmates are the paid Unit Workers aka block
swampers. To be eligible, an inmate must be physically able to do the work, have maintained clear conduct since placement at MDIU and have not had any violent, threatening, predatory or escape related violations in the last three years 5. STATE LAUNDRY:  Laundry will be exchanged on a one-for-one basis on designated laundry pass days.  MDIU inmates will be allowed to have only: (1) pant, (1) shirt, (2) underwear, (2) pair of socks, (2) sheets, (1) pillowcase, (2) blankets.  Laundry pass will be conducted on 2nd shift on Wednesdays and Saturdays (schedule is subject to change).  Inmates are to inspect the condition of their items upon issue. Any discrepancies must be noted to staff at that time of issue. Once you take possession of the items you are responsible for them. Damaging and or altering these items will result in progressive disciplinary.  Having more laundry than allowed or destruction of the state issued laundry will be cause for disciplinary action. You will be required to pay for items destroyed.  Inmates are prohibited from wearing any garment on their head, face, or neck (do-rags, neck scarves, headbands, etc.).  Inmates are to wear clothing that fits properly and is in serviceable condition. Inmate appearance standards prohibit:
o Wearing pants in a manner causing them to sag. o Wearing clothing items that are over or under sized for the individual’s body style
(baggy clothing). o Wearing clothing items that have holes in them. o Wearing any style of dress that displays security threat group identification. o Velcro shoes will be securely fastened
6. PERSONAL LAUNDRY:  Personal Laundry is not allowed in MDIU.
7. DISABILITIES/SPECIAL NEEDS:  Inmates are responsible for notifying unit staff of any special needs and/or disabilities. If you
9

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 51 of 100
have a physical or mental disability or if you have questions about reasonable accommodations that you might need for a disability, contact the offender ADA Coordinator.  If you are granted a HSR (Health Status Report) allowing you to retain special items, diets or participation in special activities, you must make the HSR provided to you by the medical department readily available to staff upon demand.
8. PHONE PRIVILEGES:  Inmates are strongly encouraged to register a phone account upon admissions. You may deny by
submitting a request refusing to set up the account. Refusing may result in a delay in activation if you later choose to activate your account.  “All calls made using inmate phones (with the exception of calls to verified attorneys of record) are subject to recording and/or monitoring by Montana State Prison staff.”  You have your own customer service number, which is 211. If you have any problems with the phones, just pick up the phone, add your PIN number and dial 211, then follow the prompts to leave a message. A customer service rep will check your message within one hour and send a message back to your own voice mail box. The next time you enter your PIN, the system will notify you that you have a voice mail message waiting. They will respond to every request, even if they cannot assist you.  Inmates will be required to make collect phone calls during their scheduled dayroom period.  Phone calls will occur during your scheduled time frame for dayroom. Designated staff will go around and sign you up. All offenders wanting a phone call that day when announced will be standing by their door with the lights on, otherwise they will not be signed up.  All phone calls are limited to 15 minutes in duration. Reasonable accommodations extending this 15-minute maximum may be made for deaf or hard of hearing inmates using the TTY/TDD phone or videophone.  At no time will inmates share phone calls or are authorized to make third party calls.  Inmates are not allowed to visit with other inmates while using the phone.  If you have a verifiable emergency and need to make a phone call, notify the on duty sergeant or a case manager by sending an OSR (“kite”).  If an inmate’s attorney will not accept a collect call, the inmate will need to correspond through the mail.  All calls made using inmate phones (with the exception of calls to verified attorneys of record) are subject to recording and/or monitoring by Montana State Prison staff.
9. MAIL:  Outgoing mail must be deposited in the mailbox before the evening lock down, or it won’t go to
the Mail Room the following morning. Inmates are expected to put their own mail in the “Mailbox” on the block during mass movements (meals, dayroom). Inmates are not allowed to pass any item from inmate to inmate. Mail goes out Monday through Friday, excluding holidays.  Outgoing general mail will be left unsealed. No markings (drawings, sayings, etc.…) other than the appropriate address (DOC policy 5.4.1).
10

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 52 of 100  Mail is delivered on third shift Monday through Friday.  Inmates are only allowed to send money to those persons on their approved visiting list.
Inmates may receive funds through the mail from the following approved parties: An inmate’s attorney; Immediate family members listed on the inmate’s approved visiting list; and One approved non-family member authorized by the warden or designee. Inmates may request the one non-family member to be changed to another approved non-family member, but this can only occur once every six months.  One-time money order must be done in writing to the Unit Manager and only if you been here 30 days.
LEGAL MAIL:  Outgoing legal mail must be clearly marked and addressed as legal mail to a verifiable address.  Staff must witness the contents of the envelope before it can be sealed. Once sealed the staff
member will stamp and sign the envelope and place it in the mail box.  Once the staff member signs the envelope it will not be returned to the inmate.  Incoming legal mail will be opened by unit or facility staff in the presence of the inmate; the
inmate will initial the stamp indicating it was opened in his presence.  All legal mail will be signed for in the presence of the Unit Manager or designee.  The staff member will also print their name and initial in the stamped area.
10. SCHEDULED ACTIVITIES / MOVEMENT:  During any and all movement the upper cells 1 through 12 will use the stairs by the showers;
cells 13 through 25 will use the stairs by cell 22.
OUTSIDE YARD:  Inmates will be asked if they want to go to yard prior to 0730. This is the only time an inmate
may sign up to participate in yard. The Unit Sergeant will schedule all inmates wishing to participate in yard at one of the three allotted yard times. Inmates are not guaranteed a specific yard time.  Unit yard is scheduled to afford each inmate the opportunity to participate in yard. Yard schedules will be posted on the block bulletin boards.  “Inmates are not allowed to take canteen or personal items to yard.”  Yard may be cancelled due to inclement weather or security/staffing issues. The Unit Sergeant may conduct dayroom in lieu of yard during these circumstances and will be situational dependent upon unit operations.  There will be no leaning on or touching the fence.  Horse play of any kind will not be tolerated and may result in progressive disciplinary.  The use of this yard while at MDIU is a privilege. Any problems may result in the closure of the unit yard.
VISITING PRIVILEGES:  There are no visiting privileges while in MDIU except for attorneys, clergy and law enforcement
officials.  To have someone placed on a visiting list, the inmate will need to mail visiting
11

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 53 of 100
questionnaires/rules to the person they wish to have visit them. If this person is approved, they may visit with the inmate after he has been classified and is living in general population.
MEALS:  Meals will be served in the unit three times a day.  No horseplay or talking to inmates in another cells.  All Inmates will be fully dressed while in the dayroom.  Diets, as approved by the doctor, dietician, or RAC coordinator will be served at the same time
period as regular meals.  All food and beverages provided with the meal will be consumed during the meal.  No items of food/beverage from the meal can be kept or stockpiled in the cell (sugar, salt, pepper,
food, bread, etc.…).  Plastic ware and wrappers must be disposed of in the trash, not the toilet. Do not flush the plastic
meal coverings in the toilet. Put them in the garbage bag or turn them in when you turn in your tray after the meal.
RELIGION:  While at MDIU, there will not be any scheduled religious services. Inmates may request visits
by pastoral staff by sending an OSR to the Religious Activity Center (RAC).
LIBRARY:  Library services will be provided on a designated day and time. This will vary.  Each inmate may check out three (3) books.  Book can only be retained for two weeks and can be renewed once for an additional two weeks.
Books must be returned to the librarian at library call. Failure to do so may result in a disciplinary infraction and you will be charged a daily fee for each overdue book or if missing the cost of the book(s).  You may not pass or exchange the book to another offender.  When you move out of MDIU and are in retention of a library book, you must turn the book in to unit staff and leave it at MDIU. Failing to do so will result in an infraction and reimbursement will be pursued.  The libraries will provide inmates access to the courts as outlined in MSP 3.3.2. You can request this service by sending an OSR to the library or seeking instruction from the librarian at library call.  Library staff will make photocopies of authorized documents as outlined in policy 5.3.2. You can request this service by sending an OSR to the library or seeking instruction from the librarian at library call.
LEGAL:  Inmates may send kites to the Montana State Prison Librarian for legal forms, law books, etc.  If an inmate has no money on his account and has not received any in the past 30 days, MDIU
will provide him with writing materials and postage on a limited basis, to write to his attorney
12

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 54 of 100 for current active and verifiable legal cases.
NOTARY SERVICE:  Notary service is available to inmates through the assigned housing unit Case Manager.
11. PERSONAL PROPERTY:  “Inmates may only acquire, store, and dispose of personal property items during their
incarceration as outlined in MSP Policy 4.1.3 – Inmate Personal Property”  Personal Property is limited and only the items allowed per the canteen sheet approved for MDIU
is allowed.  No inmate will possess or display any sexual explicit materials.  Inmates are not allowed to possess more than (15) magazines, newspapers, catalogs, books, etc.
combined.  State issued items, canteen purchases, library books, newspapers, magazines, religious items,
legal materials, personal photos and mail will be the only items allowed in the cells.  ITEMS MAY NOT BE PASSED FROM INMATE TO INMATE AT ANYTIME.
12. CANTEEN:  Canteen slips must be deposited in the canteen box before the evening lock down the night before
canteen slips are due (currently slips are taken out on Friday Mornings). Inmates are expected to put their own slips in the “Canteen box” on the block during mass movement (meals, dayroom). If you are not scheduled dayroom for that particular day, you may request that staff place these items in the box for you during dayroom hours. Inmates are not allowed to pass any item from inmate to inmate. Inmates are not allowed to exchange, loan or give away commissary or personal items at any time while at MSP (MSP policy 4.1.3).  Only those items allowed per the MDIU Canteen List can be ordered.  Inmates shall open, check, verify and signature for all deliveries in the presence of a staff member at the time of receipt.  Inmates must report discrepancies to staff immediately upon receipt, and staff will process discrepancies in accordance with the commissary policy. No action will be taken if an inmate fails to open and check the commissary orders in the presence of staff, and then later claims a discrepancy.
13. HYGIENE:  All inmates are expected to be neat and clean state of appearance at all times.  Showers will be available during dayroom. Each inmate will be given ten minutes for their
shower, provided that inmates with disabilities who require additional time may make a request for a reasonable accommodation. The only items to be taken to the showers are one (1) towel, shampoo and soap.  Any inmate that has hair longer than the bottom of the collar will be required to have his hair tied back whenever he leaves his cell. Inmates are not allowed to have beards or mustaches longer than one inch.  Inmates are required to brush and or clean their teeth and dentures regularly as required in order to protect and properly care for their teeth and practice appropriate sanitation of their mouth. Inmates should brush their teeth or dentures a minimum of once per day.
13

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 55 of 100

HAIR GROOMING

 Inmates may request a hair cut by placing their name on the sign up list (posted on the bulletin

board on each block) or sending an OSR to the Unit Sergeant.

 Inmates must keep their hair neat, clean, well-groomed and free of unpleasant odors at all times.

Clean is defined as free of dirt, body oil, lice, ticks, nits, excessive dandruff or foreign substances.

 “Hair is to be kept well-groomed and clean. If hair length is longer than the bottom of the collar,

it must be put up in a ponytail or braid when the inmate is out of his living quarters.”

 The following head or facial hair styles are not permitted:

a. The sculpting of initials, lines, designs, patterns, letters, numbers or

multiple parts.

b. Dyed hair.

c. Hair disproportionately longer in one area than another (excluding

natural baldness).

d. Partially shaved heads.

e. Excessive braids, weaves, or dreadlocks.

f. Hairstyles that have been demonstrated to be an indicator of being a

member or being identified with any security threat group.

g. Haircuts and styles which draw undue attention to an individual inmate

or group of inmates.

h. Eyebrow removal or alteration, especially in a manner that draws undue

attention to an inmate.

i.

Styles with thickly matted hair, that are too long, have too much hair,

or that have intricate braiding and/or excessive braids, are not allowed

because they take too much time (three minutes or longer) to search

and/or unbraid, and do not facilitate easy, timely, and uncomplicated

searches.

 Inmates are allowed to grow sideburns, a beard and/or a mustache, but they must be kept clean,

neatly groomed, and the hair kept under 1" in length. Styles which draw undue attention to an

individual inmate or group of inmates will not be allowed.

14. SECURITY:  Cells may be searched at any time, and the inmate’s presence is not required. Any item found
that is suspected of being contraband shall be seized and processed in accordance with MSP Policy 3.4.1- “Institutional Discipline”  Random pat searches may be done at any time while at MSP. When notified for a pat search, the inmate is required to stop, turn around, take his hat and coat off, open his hands and place his arms straight out. Any inmate who refuses a shakedown will receive a write up and will be placed in pre-hearing confinement.  Under no circumstances will an inmate refuse a lawful or reasonable order of a staff member, nor will he direct abusive or profane language/gestures to a staff member. Refusal to comply with this directive will result in disciplinary action.  No tobacco use or possession of any kind is allowed at Montana State Prison.

14

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 56 of 100  Any time an inmate must go to an area outside of MDIU the MDIU compound, he will be
restrained and have a staff escort.  When lockdown is called, all inmates will immediately go into their cells. Any inmate who does
not comply with a lock down order will be issued a major infraction report and be placed in prehearing confinement. Disciplinary action will be taken.
COUNT  Count times are as follows:
0500 hours 0930 hours 1330 hours 1800 hours=Stand up count and lights on 2100 hours=Stand up count and lights on 2400 hours 0300 hours
 For all counts, the officer must be able to see SKIN AND MOVEMENT.  All movement is restricted until a staff member announces that the count is clear.  Inmates are not allowed to create loud noises during count and are required to go to their assigned
cell for count.  DO NOT initiate any conversation with staff during count times unless it is an immediate
emergency.  Nothing (blankets, sheets, and towels) will be hung from the upper bunk or in a manner that
obscures vision.  No inmate will block or disrupt the closing or opening of a security door. Disciplinary action
will be taken.  Reasonable accommodations are available to inmates with disabilities that affect their ability to
stand for count (such as a chair for inmates unable to stand for count).
15. EMERGENCY PROCEEDURES:  In the event that an emergency arises, the order for lockdown will be given and all inmates are
expected to return to their assigned cell immediately.  In the event an evacuation is necessary, the evacuation routes are posted on each wall and on
each tier. Follow the evacuation routes and the directives given by staff. Keep calm, do not run and move out the block doors to the yard area (same route as going to yard).  “Fire drill will be conducted to educate and prepare for evacuation procedures.”
16. CLASSIFICATION:  Initial classification hearings are conducted either on Tuesday or Thursday. You will be
classified within 45 days of arrival and your stay at MDIU can be up to 120 days, unless, because of a disability, MDIU is inaccessible to you and you are “fast tracked” and assigned to an accessible housing unit within 72 hours, excluding weekends/holidays, of arrival.
17. GRIEVANCE:  The first step in a grievance always must be an informal attempt at resolution. Inmates should
first attempt to resolve issues by speaking to the appropriate staff member and/or sending an OSR (kite).
15

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 57 of 100
 If this does not resolve the problem, the inmate may then fill out an informal resolution form and send it to the Unit Manager. If the inmate cannot complete the form as a result of disability, he may ask for assistance from staff to complete the form. All information shared between the inmate and the staff assistant shall be confidential from other inmates and unnecessary staff and shall not be used or disclosed other than to pursue the information resolution or grievance. Additionally, the inmate’s attorney or representative (including an assigned inmate aide) may assist in completing the form.
 If the inmate is not satisfied with the answer from the Unit Manager, he may then file a formal grievance.
18. INDIGENT:  Inmates at MDIU will be given a hygiene packet upon arrival in admissions and may request a
new packet every 30 days. Requests need to be submitted to the Unit Manager” for replenishment.  Inmates who qualify for indigent status and who need additional assistance in obtaining paper and envelopes for legal matters may seek limited assistance by sending an OSR to the Unit Manager.
19. CHAIN OF COMMAND: The following procedures will be observed when attempting to resolve a problem or answer a question an inmate may have. This is the chain of command and how you will be expected to resolve issues:
 Correctional Officers: Can answer most questions and solve most problems an inmate may have: Infirmary problems, undeliverable mail, visits, MSP Policy (Rules), money on inmate account etc. If a Correctional Officer is not able to answer a question he will refer the inmate to the Sergeant.
 Correctional Sergeant: The Sergeant in addition to being able to solve most problems, is responsible for cell placement, problems between inmates, minor disciplinary decisions regarding the inmates assigned to the unit, as well as overall security of the unit, and job removal/assignment. The sergeant may refer your issue to another staff member.
 Case Manager: The Case Manager is responsible for pre-release applications, MORRA assessments, parole reports, treatment, classification, minor disciplinary decisions regarding the inmates assigned to the unit. Unit Correctional Officers and Sergeants will also have input and participation in these activities.
 Unit Manager: The Unit Manager is responsible for the overall security and operation of the housing unit. This includes supervising all Unit Staff, scheduling, training and evaluation of the Staff. He/she is responsible for all classification decisions, job assignments, pre-release placements, programming, informal resolution, and minor disciplinary decisions regarding the inmates assigned to the unit. The Unit Manager is the person responsible for making sure all rules and policies are followed by the inmates, and enforced fairly by the Staff. An inmate will not normally see the Unit Manager for resolving issues unless the inmate has attempted to resolve his problem through an Officer, the Sergeant and/or the Case Manager.
 Inmates who have not been able to resolve their concerns through the chain of command must send a kite to the Unit Manager or be referred by another staff member.
16

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 58 of 100

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 59 of 100
TREATMENT
GENERAL GUIDELINES While in MDIU, all inmates will be screened for treatment needs. The screening will consist of an interview with the Treatment Case Manager, a review of the inmate's file, educational, mental health, SOP (if necessary) and chemical dependency and learning and developmental disability testing, and an assessment for any physical or mental disabilities and reasonable accommodations needed. In general, inmates are placed on the waiting list for groups based on their parole eligibility date and/or discharge date. If an inmate has a particular court ordered stipulation (parole upon completion, prerelease upon completion, etc.), it will be noted on the treatment request. This will prioritize your placement on the waiting list for that group. At your initial classification hearing, you will be provided the opportunity to sign the Request for Treatment form and have your questions answered. You must sign the form to be placed on the waiting list and be in compliance with treatment recommendations and requirements. Reasonable accommodations are available for inmates with disabilities in all treatment programs, including but not limited to ensuring that programs are conducted in locations accessible to inmates with mobility disabilities, ensuring that inmates who have hearing, visual or cognitive impairments receive instruction and materials in an accessible format and with effective communication. Contact the ADA Coordinator if you need or have questions about disabilities and reasonable accommodations.
ANGER MANAGEMENT: This is a structured treatment module that has a cognitive/behavioral approach designed to teach you how to recognize anger and deal with it in an appropriate manner. Anger Management may be a component of Cognitive Principles & Restructuring program or CD Treatment and will be completed as you complete that program.
COGNITIVE PRINCIPLES & RESTRUCTURING (CP&R): CP&R is a structured treatment program designed to challenge irresponsible thinking and help correct it. It can be completed in approximately twelve (12) sessions. It includes exercises for practicing new ways of thinking and teaches how to react differently to situations. It has three phases. Phase I, the initial phase, introduces the participant to the concepts of cognitive restructuring and has assignments that help the person to identify thinking that has the potential to harm themselves or others. Phase II, the intermediate phase, continues with challenging thinking, but also has assignments that include the impact of the participant's criminal behavior on their victims. Phase III, while continuing to challenge criminal thinking also focuses on relapse prevention techniques and victim empathy to assist offenders in leading a noncriminal lifestyle when they return to the community.
PARENTING: The Parenting Class is taught when an adequate number of inmates request the class. Class numbers will range from 5 to 15 depending on room availability. The class is taught by the education department and consists of three- 2.5 hour sessions. Students must attend all classes and must finish all written assignments. For those who complete the class we will provide a “certificate of completion”.
18

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 60 of 100
SEX OFFENDER PROGRAM: The Sex Offender Program consists of three phases. Phase I is a psycho educational phase that is required by statute for anyone convicted and incarcerated for a sexual crime. This phase takes about six months to complete. Phase II is a long-term therapeutic treatment phase during which time the participants learn what thinking they used to allow themselves to act out. They also learn how to control their behavior and what red flags to watch out for, as well as the impact their behavior had on their victims. After completion of Phase II, the participant is required to attend a Phase III Aftercare group until he discharges from the institution.
CHEMICAL DEPENDENCY TREATMENT:
Intensive Treatment Unit (ITU) – This program operates four separate 14 bed treatment pods on the low side compound and is designed to provide a comprehensive ninety (60 - 90) day treatment experience. The ITU provides an open-ended program for individuals in need of a more intensified treatment modality. The ITU provides both primary and relapse prevention chemical dependency treatment and also examines criminal personality issues with each client. Upon admission to the ITU each client is interviewed by his primary counselor to address program expectations, formal assessments, and review of program assignments. The ITU participants attend scheduled groups, individual counseling, self- help groups, and complete homework assignments on a daily basis. The goal of the program is to assist each participant in identifying his addiction and beginning the process of recovery. A Licensed Addiction Counselor (LAC) with an Associate’s degree facilitates this group. Cognitive Principles & Restructuring (CP&R) and Anger Management (AM) group requirements can also be satisfied in this treatment setting.
Relapse Prevention Program - Designed for individuals with prior treatment or recovery information and/or experience. Program materials focus on identifying relapse triggers; developing a specific plan to deal with those triggers should they present themselves and the reciprocal nature of addictive relapse and criminal behavior. Group participants receive an internally published workbook and are expected to satisfactorily complete this before finishing the group. Also, active participation regarding selected videos, various group activities, individual counseling, or mentoring sessions as indicated are required. The group lasts about six weeks if conducted twice per week, and 12 weeks if conducted one time per week. A Licensed Addiction Counselor (LAC) with an Associate’s degree facilitates this group. Cognitive Principles & Restructuring (CP&R) and Anger Management (AM) group requirements can also be satisfied in this treatment setting.
Methamphetamine Specific Program – The Chemical Dependency Department has devised a longterm program to address the special needs and issues related to Methamphetamine abuse or addiction. Early research indicates that although this specific population doesn’t necessarily need different treatment, it does however need longer treatment than those suffering from other addictions. For this reason, we developed a program that requires the client to begin treatment in an outpatient Primary Care program for approximately eight weeks. Once this program has been successfully completed the client will then transfer to the Intensive Treatment Unit (ITU) program for an additional eightweek program. After this portion is completed, the client will then transfer to a Relapse Prevention program for approximately eight more weeks. All three of these groups will be exclusive to those who suffer primarily from Methamphetamine abuse or addiction. After this six-month process is completed, the client will then be enrolled in a Continuing Care program which will assist them in staying focused on recovery related issues. These series of groups are facilitated by a Licensed
19

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 61 of 100
Addiction Counselor (LAC) with an Associate’s degree. Cognitive Principles & Restructuring (CP&R) and Anger Management (AM) group requirements can also be satisfied in this treatment setting.
Chemical Dependency Treatment for Sex Offenders – This program is designed for clients who are incarcerated at Montana State Prison for a sexual or sexually related offense who also have a recommendation to complete some level of chemical dependency treatment. Periodically our department conducts a Relapse Prevention group and/or a Primary Care group exclusive for sex offender’s which allows them to address their chemical dependency issues and how it possibly contributed to their offending behaviors. This group allows the offender to identify more clearly with their peer group and assists in minimizing the chance of ostracism or ridicule from other inmates due to their sexual offending behaviors. A Licensed Addiction Counselor (LAC) with an Associate’s degree facilitates this group. Cognitive Principles & Restructuring (CP&R) and Anger Management (AM) group requirements can also be satisfied in this treatment setting.
Medicine Wheel Program – This program is designed to incorporate Native American spiritual and cultural beliefs with chemical dependency treatment principles and concepts. Program materials focus on a culturally relevant model using videos, a workbook and groups with individual sessions as indicated. The group is open to any interested individual and utilizes a different approach in that the workbook used comes from White Bison Inc. and incorporates the Medicine Wheel and the Twelve Step Program. Groups last about six weeks if conducted twice per week, and 12 weeks if conducted once per week. A Licensed Addiction Counselor (LAC) with an Associate’s degree facilitates this group. Cognitive Principles & Restructuring (CP&R) and Anger Management (AM) group requirements can also be satisfied in this treatment setting.
Primary Care Program - This program is designed for individuals who have little or no prior treatment history or those assessed with a high level of denial about their chemical dependency. The treatment process consists of disease and recovery basics with considerable emphasis on eroding denial. Group work is often associated with the steps of Alcoholic and Narcotics Anonymous. Program materials consist of a workbook selected videos, group activities, and individual counseling as indicated. The group lasts about six weeks if conducted twice per week, and 12 weeks if conducted one time per week. A Licensed Addiction Counselor (LAC) with an Associate’s degree facilitates this group. Cognitive Principles & Restructuring (CP&R) and Anger Management (AM) group requirements can also be satisfied in this treatment setting.
Dual Diagnosis Group – This program is designed to meet the needs of those with both an addiction (alcohol, drugs, gambling, etc.) and a mental health disorder. These clients benefit from being able to treat both issues simultaneously and to better understand how one may affect the other. The group meets once a week for ninety minutes for about 12-14 weeks. Although this is presently a pilot program and is on a voluntary basis, there appears to be a significant number of inmates who meet the criteria. The group is co-facilitated by a Master’s level therapist from the M.S.P. Mental Health Department and a LAC from the Chemical Dependency Department.
20

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 62 of 100
Continuing Care Program – This program is offered to any individual remaining in prison following completion of any of the previously described groups. These groups focus on actual application of the recovery information by using problem solving techniques and skills received in an initial group while supporting the gains made. The goal is to teach the members how to apply recovery principles to everyday living problems both in and out of prison. This group typically meets about two hours per week and is open ended. A Licensed Addiction Counselor (LAC) with an Associate’s degree facilitates this group.
Program Sponsorship – In addition to the above listed programs, the Chemically Dependency Treatment Department also provides sponsorship and support to several programs within MSP. Staff routinely sponsor and provide guidance for Alcoholics Anonymous (AA) meetings as well as Narcotics Anonymous (NA) meetings. There are several meetings per week and two AA conferences per year with outside guests attending. Staff also sponsor the Addictive Diseases Study Program (ADSP), which is a peer education program conducted by inmates under the guidance of program staff. This is coordinated by the Religious Activity Center and you can request to participate by sending a request to the Religious Activities Coordinator at the RAC.
Steps and New Direction – Two new inmate programs have been approved by MSP and MCE Administration. S.T.E.P.S. (Steps to Economic Personal Success) and New Directions are being offered at the prison and is a product of The Pacific Institute. These are goal setting and personal prioritization groups geared for life outside of prison. The same type of programming is used in the corporate world to aide businesses and their employees. These are strictly volunteer programs and to participate you need to request participation through your assigned permanent housing unit Case Manager who will guide you in this process. S.T.E.P.S. is offered to inmates who reside on the low side compound and at the Work and Reentry Center. The New Directions component is offered to Offenders classified to the High side compound. The core of the S.T.E.P.S. and New Directions programs are contained in video and participant manuals.
MEDICAL
Health Services - Infirmary
Health Service Requests (Kites)
Each housing unit is to have a drop box for inmates to place kites (medical, dental, and mental health) into. Infirmary staff will visit units each night to collect the day’s kites. These kites will then be processed and forwarded to the appropriate department/staff member. Kites with symptoms are usually assessed by infirmary staff the next day. Staff will either call inmates to the main infirmary or to the HS and LS satellite infirmaries for assessment. While at MDIU, you will be called to the MDIU infirmary.
Offenders housed in LHU1 and LHU2 will be assessed by infirmary staff in those units. Kites are addressed daily at a regularly scheduled time in LHU1 and LHU2 unless other arrangements are necessary due to unit activity, infirmary volume, emergencies, etc.
21

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 63 of 100
MDIU kites will be collected and addressed daily. The kites will be logged and forwarded to the appropriate department/staff member. Kites with symptoms will be assessed by infirmary staff at MDIU infirmary.
Inmates with disabilities may request and shall receive assistance from staff or other reasonable accommodations if they are unable to complete the kite as a result of a disability.
Pill Pass
Low side and High side inmate pill passes will occur in the specific unit at a scheduled time utilizing a “medication locker” system. Inmates will be instructed concerning the medication locker schedule when entering a new unit. Questions concerning the system should be addressed to unit staff. Medication issues should be addressed using the medical kite system.
 You will be assigned a medication locker.  Medications will be set up weekly by nursing in your assigned medication locker.  You will report as instructed to the pill pass lockers in your individual unit at the
assigned time, if you do not report at the assigned time you will NOT receive your medication at an alternate time. If you believe you are unable to do this due to a disability you may request a reasonable accommodation from the ADA Coordinator.  The security officer will unlock and open your assigned medication locker.  You will retrieve your medication from your unlocked medication locker and selfadminister the appropriate corresponding morning or evening dose, you are not to pick and choose what medication you are taking. Either take all or none.  You will be required to show the officer your mouth after swallowing your pills and abide by any reasonable request of the supervising staff member such as reciting your Offender number and/or name.  Return your unused medication to your medication locker which will then be secured by the security officer.  DO NOT save any of your medication for later, if you choose not to take a medication or miss a dose, you must leave it in your dispenser.  If you feel there is a discrepancy in your medication, do not take your medication! Let the officer know there is a discrepancy and they will contact medical staff who will verify your medication with in that shift.  If you have a new medication ordered by the Provider, it will not show up until the next fill after medication is received. It takes 2-3 days for medication to arrive and boxes are filled on weekend nights.  General questions regarding your medication should be submitted utilizing a Health Care Request “kite”.
22

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 64 of 100  Pill pass for unit dose medications in LHU1 and LHU2 will occur at the cell door.
These pill passes will occur at a regularly scheduled times.  Pill pass for unit dose medications will happen at the cell door for MDIU inmates.
These pill passes will occur at a regularly scheduled times.
Diabetic Checks
Diabetic inmates will be provided opportunity to check their blood sugar and take insulin as per doctor orders two times daily. Low side and high side inmates will be called at appointed and regularly scheduled times to the main infirmary for diabetic checks and insulin administration.
A nurse will visit LHU1 and LHU2 inmates at their cell door twice daily at appointed and regularly scheduled times twice daily for diabetic checks and insulin administration.
Diabetic checks and insulin administration are done twice daily at MDIU unless otherwise ordered by a provider. These checks are done at the MDIU infirmary between 06:00-06:30 and 16:30-17:00 daily.
Dental
Health Service Requests (Kites)
Each housing unit is to have a drop box for inmates to place kites (medical, dental, and mental health) into. Infirmary staff will visit units each night to collect the previous day’s kites. Dental kites will be logged into the infirmary and forwarded to the dental department. The dental staff will address dental kites. This may include an appointment to the main dental clinic or a written response.
Inmates will be seen automatically at the MDIU dental clinic approximately 3 weeks after arrival for a dental examination. MDIU inmates are to utilize the medical kite system to communicate all other dental issues.
Inmates with disabilities may request and shall receive assistance from staff or other reasonable accommodations if they are unable to complete the kite as a result of a disability.
Appointments
Once screened by dental staff, referred inmates are scheduled to be seen by the dentist. LHU1 and LHU2 inmates may be scheduled without an initial screening due to security issues. Inmates unable to leave their units (LHU1 and LHU2) will be escorted by an officer when seen in dental. MDIU has its own dental office and dental services will be provided at MDIU.
Mental Health
Health Service Requests (Kites)
23

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 65 of 100
Each housing unit has a “Mental Health Kites” box for inmates to place kites concerning mental health issues. Mental health staff will visit regularly to collect these kites. The kites will be logged by mental health staff for tracking purposes. Mental health kites are reviewed and addressed by clinicians who will follow up with the inmates. Inmates with disabilities may request and shall receive assistance from staff or other reasonable accommodations if they are unable to complete the kite as a result of a disability.
Appointments Mental health clinical staff will refer inmates as necessary to the psychiatrist at scheduled clinic visits. HS inmates are seen in the high support building and LS inmates are seen in C unit. Mental Health staff has weekly scheduled rounds to LHU1 and LHU2.
Optometrist You may be scheduled to see the optometrist by filling out a medical kite and placing it in a medical kite box. The state will provide one eye exam every two years. When an exam warrants a new prescription, state issued frames will be provided. The infirmary staff does not handle optometrist appointments or issues with new or broken glasses. These issues are to go through the optometrist by using the kite system. You will not see the optometrist while at MDIU unless there is an emergency. You may kite to have an appointment once you have moved into general population within the main prison. MDIU Diagnostic Process: Medical and dental screenings are provided at the MDIU medical room. While you are in MDIU, if you are on medication, or need medical attention, ask available staff using the appropriate chain of command. If you need medical care, fill out the infirmary request form and put it in the infirmary box located at the block door during mass movement. When you leave MDIU, and arrive in your assigned unit, use the same procedure. Check the unit rules for any other information that may apply. If you have an emergency notify any staff member and they will contact the medical staff. Inmates with disabilities may request and shall receive assistance from staff or other reasonable accommodations if they are unable to complete the infirmary request form as a result of a disability.
24

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 66 of 100 Self-Medication
 Take your medication exactly as instructed by the medical staff and as noted on your medication blister pack.
 If you have questions or concerns about your medication you are to contact the medical staff by medical kite.
 Medication is to be kept in the original package. Each pill is to be removed only when you are ready to take it.
 When the medication is finished you are to return the empty blister pack immediately to the infirmary by placing it in the medical kite box. For your privacy…DO NOT DISCARD THE EMPTY BLISTER PACK IN THE TRASH!
 If, for any reason, you do not take all of the medication in the blister pack you are to return it with the unused medication to the infirmary. You may do this by placing it in the medical kite box.
 You have the right to refuse medication. Attach a signed refusal slip with the blister pack and place both in the medical kite box in your unit.
 You will lose the privilege of handling your own medication for the following reasons:  You hold a blister pack beyond the stamped or stickered expiration date  You are found with another inmate’s medication blister pack or yours is found with another
inmate.  The information on the medication blister pack is altered in any way.  Medication is removed from the card and placed elsewhere in your cell or on your person, etc.  You do not take the medication as ordered.  There are self-harm issues. If you lose the privilege of handling your own medication cell side, the medication will be unit dosed to you at scheduled pill passes or in pill boxes at your unit. After six months, depending upon the circumstances, you may kite to discuss being allowed to handle your own medication again.
You must kite when you have approximately one week of medication left for refills. Medication refills will not happen automatically. It is your responsibility to reorder your medications.
MENTAL HEALTH SERVICES
Mental health staff screens all new admissions for psychiatric problems, psychiatric medication issues, other mental disabilities, and intelligence (in addition to learning and developmental testing done upon intake). Inmates who have problems or needs in these areas are provided appropriate services deemed necessary by mental health professionals on site.
25

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 67 of 100
In addition, the mental health department offers a variety of supportive and treatment groups throughout the prison including MDIU, low side (A, B, C and D) and high side (HSU1 and HSU2) housing. Offenders housed in the detention units (LHU1 and LHU2) receive weekly monitoring by mental health professionals. All offenders are encouraged to kite the mental health department if they feel they have some kind of mental health need. Inmates with disabilities may request and shall receive assistance from staff or other reasonable accommodations if they are unable to complete the kite as a result of a disability.
Individual treatment (one-to-one) is available when deemed appropriate by mental health professional staff.
Inmates have the right to refuse services at any time.
It is important to understand that mental health staff places a high priority on confidentiality and will generally keep all information that you provide confidential. In limited circumstances, the information you provide to mental health staff may be made available to other MSP staff, but only those with a need to know the information for treatment, classification, security, disciplinary, or parole purposes. Those staff, in turn, will keep your information confidential from other inmates and unnecessary staff. Mental health staff is also obligated to break confidentiality and report any threat to harm yourself, threat to harm others, child abuse, or threat of escape. The information you provide to mental health staff will be recorded in your permanent and confidential mental health file. This information will not be released to third parties without your written consent.
ADJUSTING TO PRISON Coming to prison, even if you have been in prison before, can be difficult. Some people experience the following emotions and symptoms as they adjust to prison:
 Difficulty getting to sleep and staying asleep.  Dreams and nightmares.  Excessive worrying, obsessing, or thinking about life.  Feelings of sadness and regret.  Feelings of loss.  Feeling closed in and antsy.  Brief periods of depression and hopelessness.  Feelings of anger, resentment, and revenge.  Fears of how other inmates will treat them.
Most of these emotions and symptoms are normal reactions to being in prison that will go away as you begin to adjust. Generally, they do not require any specific treatment and they should go away in a few weeks. If the symptoms worsen or continue for longer than a few weeks, you should request
26

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 68 of 100 help from your Case Manager. You may be accustomed to managing unpleasant feelings, symptoms, and problems with substances. This is not an appropriate way to manage them.
The following are some simple methods to manage some of the feelings and symptoms related to adjusting to prison:
 Avoid caffeine  Exercise regularly
(this is as good as psychiatric/psychological treatment according to recent studies)  Maintain a regular sleep schedule  Talk about your feelings with a person you trust  Read a book  Write letters  Keep a journal of your thoughts and feelings  Pursue your religious scriptures or commentaries.  Consult with library staff about mental health self-help books that may be available to you.
There are waiting lists for the mental health department offered groups. While waiting to get into requested groups can be frustrating, the extra time that you will have on your hands can be used to great personal advantage, about how you got to prison, and what you need to change in order to avoid further trouble with the law. After all, time to think is one advantage that prison life has to offer. The prison library has self-help materials available, and there are self-help programs, such as AA and chapel services, that are available without waiting lists.
ACADEMIC EDUCATION
The MSP school system provides several programs for students to enhance their educational goals. The Education Department is located in the High and Low Support Buildings. The primary goal of education programming is to afford inmates meaningful and rehabilitative learning experiences through formal programs of educational instruction to become functionally literate. Priorities are made for GED students. Most school positions are paid. Reasonable accommodations are available to inmates with disabilities.

The following programs are available to both high and low security inmates:

Basic Literacy/Special Education Pre-GED GED Transitional

Life Skills/Job Skills Correspondence Cell Study

Admission: Contact the Education Department. A 90-day school commitment is required for all students. A TABE score of 9.0 (ninth grade) or higher is required to take any of the five GED tests. The TABE is administered at MDIU on Monday’s and is mandatory for all persons that have not taken it in the last year.

Class size is limited, assuring more personalized attention and instruction for each student. The 27

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 69 of 100
student will get one-on-one help from the instructor to help them work toward their educational goals.
School hours: Two school sessions are offered daily. 8:00-10:30 – Morning class 12:50 – 3:30- Afternoon class
LIBRARY SERVICES
The MSP Library provides all inmates access to a comprehensive library service program containing a collection of general and specialized reference materials. Materials are selected on the basis of accuracy and cultural, inspirational and recreational value. The library participates in selected, cooperative interlibrary loan programs. Materials are available for inmates with disabilities, including but not limited to, materials for inmates who are blind.
The MSP Library maintains a selection of books for the Martz Diagnostic & Intake Unit. This selection is supplemented periodically as books wear out.
There is no contract attorney at MSP. The MSP Library provides legal forms and books that may be checked out to assist you in preparing for legal proceedings. You may send a kite directly to the library to request needed legal materials.
Photocopies are available at the library. Cost is 10 cents per page. You must have a copy card for photocopies. The card is purchased in amounts of two, five or ten dollars by means of a money transfer payable to Account #000012.
Access to the library will depend on the unit you are assigned to. The low side library has a full collection of law books, Federal and State. The high side library has a smaller collection, but the Librarian (upon written request), will bring needed books from the low side to be check out on a caseby-case basis.
Books checked out to you are your responsibility. You will be required to pay for books you have lost or destroyed. Do not give your books to someone else to turn in for you. You can receive an infraction report for theft or destruction of library materials.
RECREATION
Facilities/Recreation Program- The recreation department has facilities on both the high and low sides, which offer both gym and yard. The high side is a higher custody level so there are limitations but the gym and yard are available 6 days a week. The low side is able to attend gym and yard 7 days a week. Facilities include basketball courts, softball diamonds, horseshoe pits, volleyball, handball courts, running tracks, and weightlifting.
If you need a reasonable accommodation based on disability to use the recreation facilities or
28

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 70 of 100 equipment, contact the ADA Coordinator.
The low side units have day room and yard times in addition to scheduled gym times. The high side runs gym and yard once a day and the low side runs gym and yard twice a day.
Acoustic guitars are available for check out through the recreation department.
Hobby:
MDIU inmates are not permitted to participate in the hobby program until they are placed in population.
The hobby program is set up to aid inmates in learning constructive ways to use their leisure time. The hobby department will assist you in securing permits for hobbies and hobby supplies. Inmates can only have one hobby permit at a time inside MSP. The Work Reentry Center allows inmates to have two hobby permits. The hobby program is administered in accordance with the Hobby Crafts Program Policy 5.5.4. Acquiring an infraction (either Major or Minor) can result in losing hobby privileges.
RELIGIOUS ACTIVITIES AT MONTANA STATE PRISON
The Religious Activities Center (RAC) exists to promote wholeness through faith. The mission of the RAC is to engage inmates at the point of their dysfunction and rebellion through authentic religious experience in order to protect people and property, and provide restoration where possible. In order to achieve this goal, RAC staff facilitates and oversees all religious activities conducted at the RAC and the Work and Re-Entry Center (WRC). While incarcerated, inmates retain the right to practice their faith or religious tradition with some limitations. The parameters in which the RAC accommodates these traditions are defined by MSP policy 5.6.1. This policy defines appropriate religious practice at MSP, and approved religious property lists. Out-of-cell group religious activity is not conducted in Locked Housing Units (LHU-I or LHU-II) or in MDIU.
Donated primary religious texts (Bible, Koran, Torah, etc.), are available through the Property Office. RAC staff do NOT handle property issues. This includes religious property. Inmates desiring a religious medallion, prayer beads, prayer rug, yarmulke, Native American botanicals, etc., need to purchase these items from Canteen with a Special Purchase Request. The RAC does provide devotional pamphlets and other such reading materials, which are available in the RAC lobby or by request via OSR.
The RAC schedule of activities is posted in each housing unit. These activities range from Native American Sweat Lodge Ceremonies, to Protestant Worship and Catholic Mass, to Buddhist Meditation. These activities are available to all general population inmates, and classified unit workers from MDIU.
RAC staff members facilitate religious programming at MSP, but they are not chaplains. Their role is to ensure that the spiritual needs of the inmate population are met. They rely upon a pool of approved religious volunteers from a wide variety of faith groups and traditions. These volunteers provide spiritual guidance and lead the various scheduled activities. Additionally, there are Chaplain Service Volunteers who function as faith group representatives. Chaplain Service Volunteers are
29

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 71 of 100
approved by the Warden, and are endorsed by their faith group organization to provide pastoral ministry (i.e. Catholic priest). If an inmate would like pastoral care, he can request a pastoral visit by sending an OSR to the RAC Coordinator who will then facilitate a meeting with an appropriate volunteer.
RAC services are provided without regard to race, creed, or religious tradition. Everyone is treated with dignity and equity within the constraints of a correctional setting. RAC staff is dedicated to the safety and security of inmates pursuing an authentic religious experience. With this in mind, all inmates are invited to participate in any of the scheduled activities of the RAC.
If you need a reasonable accommodation based on disability to use the RAC or participate in religious activities, contact the ADA Coordinator.
MONTANA CORRECTIONAL ENTERPRISES (MCE)
MCE MISSION
Montana Correctional Enterprises provides employment and training opportunities to offenders, which enhances public safety, promotes positive change in offender behavior, reintegrates offenders into the community and supports victims of crime.
INTRODUCTION
Montana Correctional Enterprises (MCE) provides inmate jobs, training and education in a variety of real life job situations. MCE is comprised of the following programs: Agriculture (Ranch and Dairy), Industries, Vocational Education, License Plate Factory, Food Factory & Bakery, Canteen and Business Development/Accounting. MCE does not discriminate on the basis of disability, and inmates will be evaluated for job qualification with and without reasonable accommodations. Reasonable accommodations are available to inmates with disabilities in each program. All accommodations shall be documented in OMIS.
Employment and training opportunities for low side inmates outside of the secure perimeter include:
AGRICULTURE
Ranch
● Range cattle ● Crops ● Fencing ● Feedlot ● Lumber processing
30

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 72 of 100 ● Land management ● MSP/MCE wild land fire crew
Dairy
● Dairy cattle ● Dairy milking parlor ● Dairy processing ● Lab technician ● Clerical
CANTEEN
● Packaging canteen supplies for MSP and MWP
FOOD FACTORY
● cook/chill food operations ● stocking ● Inventory control ● Computer data processing ● Janitorial ● Bakery (scratch baking skills)
BUSINESS DEVELOPMENT/ACCOUNTING
● Customer invoicing ● Accounts receivable ● Program purchasing/payment processing ● Inventory ● Inmate payroll ● Computer generated reports
Employment and training opportunities to low side inmates inside the single fenced perimeter include:
INDUSTRIES
● Furniture ● Upholstery ● Print and sign ● warehouse/shipping ● Packaging biodegradable waste bags ● Sewing
31

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 73 of 100
LICENSE PLATE FACTORY
● License plate manufacturing ● Graphic design and digital license plate system operator ● Graphic design artist ● Office clerk
VOCATIONAL EDUCATION
● Automotive technology ● Diesel technology ● Industrial and agricultural equipment technology ● Driver’s education ● ASE certification ● Motor vehicle maintenance/on-the-job training ● Welding
Employment and training opportunities to high side inmates include:
VOCATIONAL EDUCATION
● Information processing and technology ● Business skills (i.e., keyboarding, principles of accounting, etc.) ● Laundry
HOW TO APPLY
An MCE application is required and available through your assigned unit management team. Reasonable accommodations, such as assistance in filling out the application, are available to inmates with disabilities. You may list one or several jobs you are interested on one application. It is not necessary to submit individual applications for each position. You are allowed to have only one paid position. The one exception would be assignment to the inmate counsel. Unit management shall not deny an application solely because the inmate has a disability and shall instead work with the inmate and the ADA Coordinator to identify any reasonable accommodations needed for the inmate.
Applicants for Vocational Education on the high side may be asked to submit a separate application. Complete the application and return it to the Vocational Education Director. Incomplete Vo-Ed applications may be returned. Your name will be added to a waiting list in the order in which it was received. Vocational Educational classes will be filled at the start of each quarter when space becomes available. You are not automatically enrolled.
YOUR RESPONSIBILITY AS AN MCE WORKER OR STUDENT
32

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 74 of 100 Conduct yourself in an appropriate and professional manner at all times. Be responsible for books, computers, tools, supplies, and equipment. Abide by the policies and regulations of MSP, MCE and your unit. Follow all safety rules and use protective equipment when needed.
SUPPORT STAFF AND ALTERNATIVE PROGRAMS
INSTITUTIONAL PAROLE AND PROBATION OFFICER (IPPO):
When the time comes for you to leave this institution, you will most likely do so with the assistance of an IPPO. Whether you are going on parole, a ten-day furlough, an alternative placement such as an extended care facility, Pre-release, ISP, or Boot Camp will require the services of an IPPO. He/she is a liaison between this institution and any community based social or correctional services that you might be involved with subsequent to your departure from this institution. The IPPO is here to facilitate, and expedite your transition to a less restrictive environment. They work very closely with the Board of Pardons and Parole and can be tremendously helpful with regard to you as an individual. You should consult with your assigned Case Manager for guidance in these areas first to ensure the appropriate resources are utilized.
Intensive Supervision Program (ISP): The State of Montana's Intensive Supervision Program with electronic monitoring is designed to provide supervision to adult offenders who would otherwise be sentenced to prison; parole violators who would have been returned to prison; prison inmates who otherwise would not be granted a parole; and Department of Corrections Commitments to ISP until parole eligibility.
As the program title states, the supervision is well beyond the intensity of traditional probation and parole. You can expect to be held accountable at a much higher level than what traditional probation or parole supervision could provide.
Your supervising ISP officer will work closely with you to help you succeed in this program. If you follow your court order and/or the conditions of the Board of Pardons & Parole and the ISP conditions, you will be successful in completing the ISP program. Following the advice and recommendations of your ISP officer will be the key to a problem-free program.
Pre-Release Program: There are five pre-release centers in Montana, operated by non-profit corporations contracting with the Department of Corrections. The Centers are located at Missoula, Billings, Butte, Helena, Great Falls and Bozeman. Each Center is a self-contained 6-month program. They offer a structured transition into the community by offering room and board, supervision, counseling, assistance in gaining employment, life skills training and guidance. They offer offenders the opportunity to adjust to the community to which they plan to parole in a gradual, controlled manner.
For many people, pre-release center programs can be a crossroad in their lives. It is an opportunity to find employment, earn money for release, locate a good place to live, and to become seriously involved in counseling opportunities. However, some residents do not adjust satisfactorily to the center programs, in effect, eliminating themselves from the program. Typically, 120 days of clear conduct is needed before requesting a pre-release application from unit staff. Reasonable accommodations are available to inmates with disabilities.
33

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 75 of 100
Treasure State Correctional Training Center (TSCTC) (Boot Camp): TSCTC is a military-style correctional program for male adult convicted felons (called Trainees while in the program). It is based on a military format that stresses military tradition, bearing, physical training, and drill and ceremony. Candidates may volunteer to be screened for the intense 90-120day program that provides treatment and rehabilitation in an intensive, structured and disciplined correctional environment. By volunteering for CTC, trainees agree to comply with the rigid discipline physical fitness requirements, while adhering to the intensive treatment program. They forego privileges afforded them at other correctional facilities. Reasonable accommodations are available to inmates with disabilities.
The community corrections programs provide a stable foundation from which an individual may leave the correctional system prepared to handle his responsibilities in the community. He can obtain work, locate appropriate housing, accrue savings, and more fully develop his social problem-solving skills.
Success or failure in pre-release center programs and in the community is the resident's choice. The programs are difficult and require the resident's full commitment for successful completion. Screening and placement at TSCTC is a time consuming task, and in most cases inmates will not be placed there from MDIU.
RECORDS
The Records Department at Montana State Prison compiles information on each inmate and develops a file that is available for use by the Department of Corrections. Driver's license, Social Security Card and picture I.D. are stored in a personal property envelope in the inmate file that maintained by the Records Department. These items are returned to you when you leave Montana State Prison, Crossroads Correctional Center, Glendive Regional Prison and Great Falls Regional Prison.
The Records Department offers the following information hoping to eliminate some of the kites being sent to Records. Do not request your parole and discharge dates upon arrival at MDIU. Tentative dates will be available to you at your classification hearing. A spreadsheet will be provided to you when your calculations have been assessed. If you do not receive a spreadsheet within 90 days after admission, please send an OSR to the records department requesting one.
Discharge dates for parole violators may be calculated before a revocation hearing is held by the Board of Pardons and Paroles (BOPP). These dates are subject to change based on the disposition from the BOPP and you will be notified of any change.
Jail time is credited per the judgment order. If the judgment orders that you are to receive credit for 15 days, we give you credit for 15 days. If the judgment orders that you are to get credit for the time served or if there is no mention of jail time, you should contact your attorney or the Court and request an Amended Judgment to include the number of days of jail time that you are entitled to receive. Once we receive the certified copy of the Amended Judgment, we will credit the jail time, update your parole and discharge dates and send you a new work card. Those individuals closest to release
34

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 76 of 100 are a priority and will be figured first.
ACCOUNTING
Incoming funds are usually posted on the computer the day after they come in. Funds received Friday are posted on Monday. If funds are not transferred with the inmate it may take 2-4 weeks for the funds to arrive at MSP.
Outgoing checks are processed as they are received except during the week of inmate payroll entry.
Inmate payroll is entered the 1st Tuesday through Friday of each month.
Inmates who are indigent may send a request to Inmate Accounts to apply for indigent status. To be eligible for indigent supplies, the inmate must be classified and in a unit and have not received, spent or have on the books $20.00 or more for the previous month. An inmate also cannot earn more than $5.00 in pay to be on indigent status.
While at MDIU, you are provided an indigent packet every 30 days. You must send and OSR to the “Admissions Officer” to receive a new packet. Additional legal supplies (paper, envelopes, postage) is available to indigent eligible offenders and can be acquired by sending an OSR to the MDIU Unit Manager.
Money transfers must be signed by an approved staff member. If you want your stub back, fill it out! Include your unit location and room number. Your writing must be legible.
Postage charges are deducted daily. Xerox charges and medical co-pay are deducted as they are received.
Individual statements for inmate accounts are sent monthly to the units. Keep these statements, and continue to add and subtract monthly transactions so that your balance is up to date at all times.
Some inmates would like non-family members to send them money if they do not have family members that can do this. Your request for permanent approval of a non-family member to send you money is to be submitted to the Security Major. For a person to be approved the following conditions must be met:
 The person has been approved as a regular visitor.  Your account shows that you don't receive money from immediate family members.
Deductions made from an inmate's account are District Court Fees, Crime Victims Fund, Restitution and Child Support. The procedure is as follows:  First, we must have a copy of the sentencing order or judgment requiring us to deduct the amount from the inmate's account. The judgment or sentencing order tells how much is to be deducted. The amounts vary from 20% for District Court Fees, one-third to one-half for Crime Victim Fund, Restitution varies and Child Support is from 50% to 55%.  The inmate's account balance is looked at to determine amount to be paid. Payment amounts are calculated on the previous month's deposits or income.  The balances in the holding accounts are sent once a month to the various courts.
35

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 77 of 100

Please be advised - Nothing is deducted from an inmate's account without a copy of the judgment or sentencing order.
Deductions are not the same time every month.
COMMISSARY
The purpose and function of the Commissary is to provide a variety of items for sale to the entire inmate population.

Commissary purchases are made by using the inmate Commissary Order Form. Commissary schedules are posted in all housing units and living quarters. Periodically, commissary lists are updated.

CANTEEN INSTRUCTIONS

PLEASE FOLLOW THESE INSTRUCTIONS FOR FILLING OUT CANTEEN ORDER FORMS:

1.

ALL SLIPS ARE TO BE FILLED OUT WITH YOUR FULL NAME AND DOC ID

NUMBER OR THEY WILL BE RETURNED.

2.

BE SURE THAT YOU HAVE SUFFICIENT FUNDS TO COVER YOUR ORDER.

3.

ALWAYS DOUBLE CHECK THE ITEM NUMBERS AND QUANTITIES

ORDERED.

IF YOU EXCEED THE QUANITY ALLOWED ON ANY ITEM, YOU

WILL NOT GET ANYTHING AS YOUR ORDER WILL BE CANCELLED AND YOU WILL

HAVE TO WAIT UNTILL THE FOLLOWING WEEK TO REORDER.

4.

ALL ORDERS SHOULD BE FILLED OUT USING PEN AS THE SCANNER MAY

NOT READ PENCIL. IF YOU DO NOT HAVE A PEN MAKE SURE THAT YOU

DARKEN THE MARKS AS MUCH AS POSSIBLE WITH THE PENCIL SO THE

SCANNER CAN READ IT!!!

5.

FILL IN THE CIRCLES COMPLETELY WITHOUT GOING OUTSIDE OF THE

LINES. IF YOU MAKE A MISTAKE COMPLETLY BLACK OUT THAT ENTIRE

SQUARE SO THE SCANNER WILL NOT PICK UP ANY MARKS FOR THAT

ITEM.

36

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 78 of 100

6.

DO NOT FILL OUT MORE THAN ONE ORDER PER WEEK AS THE ORDERS

WILL BE COUNTED AS ONE AND ORDERING MORE THAN WHAT IS

ALLOWED WILL CANCEL OUT YOUR ORDER.

7.

IF YOU HAVE A 5 DIGIT AO DO NOT USE THE AO JUST USE THE FIVE

NUMBERS OF YOUR AO. USE ALL 7 NUMBERS IF YOU HAVE A 7 DIGIT AO.

8.

WHEN YOU RECEIVE YOUR CANTEEN ORDER, YOU MUST ACCOUNT FOR

EVERY ITEM BEFORE YOU SIGN YOUR ORDER RECEIPT. IF THERE IS AN

ERROR, DO NOT SIGN THE RECEIPT UNTILL YOU HAVE AN OFFICER SIGN

OFF ON THE INCORRECT ITEM. THE CANTEEN WILL LOOK AT MISTAKES

AND IF IT IS FOUND TO BE AN ERROR ON THE CANTEENS PART WE WILL

REMEDY THE PROBLEM. IF YOU TAKE THE ORDER TO YOUR CELL AND

FIND THAT THERE IS AN ERROR, IT WILL NOT BE CORRECTED AS THERE

WILL NO LONGER BE A WAY TO VERIFY THAT YOU RECEIVED IT THAT WAY.
Reasonable accommodations, such as assistance in filling out the form, are available to inmates with disabilities.
TRANSFERS TO REGIONAL AND PRIVATE FACILITIES
During your stay here at M.S.P., it is possible that you will someday be told that you are being transferred to another facility. All inmates are subject to screening for transfer. The State of Montana has contracted with regional and private facilities to house inmates as our population grows beyond the capabilities at M.S.P. When and if this time should come, you are required to follow the orders given by the staff members telling you to get ready. They will give you a form telling you what you are allowed to take to the new facility and how to handle what you are not allowed to take. Anything that must be shipped home needs to have a mailing address: P.O. BOX NUMBERS ARE NOT ACCEPTABLE and if you put one down, the items will not be shipped and may be DESTROYED! You will be allowed to notify family or friends of your transfer after you are processed in at the new facility. Failure to pack your property, or refusal to comply in any way with being transferred, will result in disciplinary action. You will be moved anyway and your property may be considered contraband and disposed of accordingly! It does you no good to refuse to move. If you should need help with any unfinished business at M.S.P. you may write a kite to the Contract Placement Bureau from your new facility. If you would like to request a transfer to one of the regional or private facilities, please send a kite to the Contract Placement Bureau, stating your desire to transfer and to which facility you are requesting. This kite must be signed by a unit staff member. The Contract Placement Bureau will then screen your file to see if you meet the criteria for that facility. If you do, it may be possible you will be transferred there, but remember it takes time for all of this to happen and nothing is guaranteed.
CLASSIFICATION
The Initial Custody Assessment establishes an inmate's recommended custody rating upon his/her entry into the Montana Department of Corrections (MDOC). This custody rating is based upon the
37

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 79 of 100
classification specialist's assessment of nine items that are scored on a numerical scale. These nine areas are rated as follows: over the past three years, the items are: (1) most serious current conviction, detainer or warrant (2) the severity of past institutional misconduct (3) escape history. The next area is rated over the past 7 years: (4) severity of felony convictions during 7 years prior to incarceration. (5) The number of rule violations that indicate predatory/assaultive behavior over the past 3 years. These first five items are the risk assessment and are used to determine your placement while at MSP. (6) The number of felony convictions during 3 years prior to incarceration, (7) length of sentence, (8) formal violations while on parole/probation during the past 3 years, (9) age at your first felony conviction. These items have been found to be associated with future institutional conduct and, thus, help to identify the types of risk likely to be presented by the inmate. When considered together, the items also help to determine the extent of risk likely to be presented by the inmate. The custody rating recommendation derived from these items is used in combination with the inmate needs assessment, when making decisions relating to the inmate's housing assignment, program needs, and supervision requirements. The custody rating recommendation may be altered due to management considerations that warrant special attention or intervention by staff. The Initial Classification Instrument will be completed before an inmate is moved from the orientation/reception housing area.
The Custody Reassessment Form is used to update and review an inmate's previous custody assessment. A custody reassessment does not necessarily result in a change of custody rating or housing assignment. It primarily functions to monitor the inmate's adjustment and bring attention to problems that may have arisen. Custody Reassessment is similar to the initial custody assessment, but places greater emphasis on recent institutional conduct to reflect the inmate's actual behavior while confined. It is important that the inmates with long lengths of stay have the opportunity for reduced custody levels based on compliance with institution requirements. The reassessment instrument should be completed:
 Every 30 days if the inmate is currently assigned to Maximum Security, Administrative Segregation, or Restricted Administrative Segregation housing.  Every 6 months, if the inmate is currently assigned to Minimum, Medium, or Close custody
housing.  Within 72 hours of the receipt of new information potentially affecting the inmate's management:
(e.g. detainer, conviction on new charge); or within 72 hours prior to an inmate leaving disciplinary segregation and returning to general population.
The Custody Reassessment Form is based upon the classification specialist's assessment of nine items that are scored on a numerical scale. Items 1,2,3,4 & 5 are the same as those used for the Initial Classification Instrument. Items 6, 7, & 8 look at the past six months, and are as follows: (6) number of disciplinary violations, (7) performance in recommended treatment programs (8) institutional adjustment, and (9) the length of sentence remaining to be served.
DECISIONS AND APPEALS
The Unit Classification Committee will notify the inmate of the classification decision at the time of the hearing. The inmate may request an accommodation during the hearing to either understand the
38

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 80 of 100 hearing or fully participate and represent himself in it. This shall include but shall not be limited to the appointment of staff to assist the inmate during the hearing. The inmate will receive a copy of the classification instrument after it has been processed. If the inmate has a disability that would affect his understanding of the instrument, staff shall meet with him to discuss the contents of the instrument, and that meeting shall be documented. If the inmate wishes to appeal the classification decision, he/she will need to notify the Unit Classification Committee. The Classification Committee will give the inmate an appeal form at this time. If the inmate has a disability that affects his ability to complete the form, he may request and be provided with assistance from staff in completing the form. All information shared between the individual inmate and all staff assigned to assist him shall be confidential from other inmates and unnecessary staff and shall not be used or disclosed other than to ensure than a reasonable accommodation is provided or to pursue the inmate’s interests during the classification process. The inmate’s attorney or assigned inmate aide may assist in completing the form.
The inmate may file a written appeal of the classification action to the Unit Manager within 10 days of receipt of the decision. The Unit Manager will have the following option  Affirm the decision  Overturn the decision  Reschedule a new classification hearing
The Unit Manager's decision is the final step if there hasn't been a scale override.
The inmate may appeal directly to the Classification Manager if there is a scale override, although the inmate is encouraged to appeal first to the Unit Manager.
 This appeal must be filed within five working days following the results given in writing to the inmate. The appeal must be sent to the Classification Manager; however, the classification decision is imposed prior to the Classification Manager's decision concerning the appeal.
The Classification Manager's decision is the final step in the appeal process on a scale override.
Reference Policies: MSP 4.2.1 Inmate Classification Procedures MSP 4.2.200 Special Management of Atypical Inmates MSP 4.2.202 Inmate Separation Needs MSP 3.4.100 Pre Hearing Confinement
FOOD SERVICE
Most meals served at MSP are provided by the Montana Correctional Enterprises Food Factory. The Food Factory also prepares meals for numerous other facilities in Montana. The mission of the MSP Food Service is to “procure, produce and serve safe and cost effective foods of the highest possible quality that are also well accepted, and reasonably easy to prepare,” and we take that idea very seriously, because we know that you rely on us to make wise decisions in preparing a menu that will help you on your path toward reentering society.
Montana Department of Corrections policy also mandates that the MSP menu offer health-promoting foods that satisfy established acceptable nutritional intake ranges as detailed by the USDA’s Food
39

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 81 of 100
and Nutrition Board, the Institute of Medicine, and the National Academies of Science in their Dietary Reference Intake (DRI) values. In fact, the menu often includes more foods than most people require, so please remember that to achieve a healthy lifestyle you must choose your foods and serving sizes wisely from what is offered. This is especially true concerning any self-serve foods that are available to you.
You will be informed by your unit as to meal times. In each dining room, you are allowed 15 minutes for breakfast and 20 minutes for lunch and dinner. You must be fully clothed in regulation MSP clothing. You are permitted to go through the serving line only one time per meal. All serving line items are portion controlled. Do not ask for extra. The beverage line and salad bar is self-serve. Feel free to take as much as you will eat during your allotted meal time, but please eat everything that you take. Do not remove food from the Food Service buildings or pass food to other inmates. It could result in a your receiving a disciplinary infraction. Each inmate is responsible for depositing his tray, bowls, cups and eating utensils into the dishwasher room window. Please report dangerous food and beverage spills, and all other note-worthy dining room hazards, to a Food Service Supervisor or to a Dining Room Officer.
Special privilege diets are not recognized without proper authorization. All therapeutic diets are ordered by authorized medical staff. Required religious-based diets must be approved by the Religious Activities Director. Lacto-ova vegetarian meals (include dairy products and eggs but exclude all meat, fish, and poultry) are available for inmates who are true, practicing vegetarians and who have prior approval from the Registered Dietitian. A special diet card is issued to each inmate who has been given the privilege of selecting a special vegetarian, religious, or therapeutic diet. This card must be presented to the Food Service Supervisor at each meal time before special alternative foods will be made available. Normally, each inmate who eats in the High or Low Security Dining Hall is allowed to select one or more servings of fresh fruit as an alternative to any other menu item. Those inmates who eat meals in cell may also be approved for these types of special meals with no diet card being required.
Once placed inside MSP, you may submit a written request for employment in Food Service / Food Factory. You must achieve the appropriate security clearance to work in these operations. Food Service employs as many as 100 inmates who work in the High Security Kitchen, the Low Security Kitchen, and the Industries Diner. Address employment requests for each of these locations to the Food Service Director. The Food Factory employs an additional 20 to 30 inmates, and you may request these jobs by writing to the Food Factory Director. Inmates may seek and shall receive assistance from staff in completing the written request for employment, if a disability affects their ability to complete the written application.
Reasonable accommodations in completing the written request for employment and reasonable accommodations in the food service jobs themselves, are available to inmates with disabilities. All information shared between the individual inmate and all staff assigned to assist him shall be confidential from other inmates and unnecessary staff and shall not be used or disclosed other than to ensure than a reasonable accommodation is provided or to pursue employment.
40

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 82 of 100 HOW YOU CAN COMMUNICATE
There are several ways you may communicate with the staff, relatives and others.
Telephone Calls: Each unit has public phones. Calls may be made using the inmate phone system TELMATE. Instructions for the use of this system are given to every individual admitted to Montana State Prison through MDIU Admissions. All calls, with the exception of those to your attorney, will be monitored. See your unit rules for duration and/or frequency of calls. Reasonable accommodations are available to inmates with disabilities, including but not limited to access to TTY/TDD phones, videophones, and adjustment of time limit on calls.
Emergency long distance calls: Emergency calls must be cleared through your Unit Manager or his/her designee. Medical emergencies and situations where life and property are at serious risk are emergency phone calls and you may be asked to provide specific information in regards to your request. MDIU staff will call and confirm an emergency exists prior to providing a phone call for offenders.
Offender Request to Staff (OSR or Kite): If you need to communicate with a staff member or any department at the prison, send a written Offender Request to Staff (OSR or kite) to that department. When sending an OSR offenders need to state specific issues when sending OSR’s to staff. Forms are available in all housing units. Inmates with disabilities may request and shall receive assistance from staff or other reasonable accommodations if they are unable to complete the OSR as a result of a disability. All information shared between the individual inmate and all staff assigned to assist him shall be confidential from other inmates and unnecessary staff and shall not be used or disclosed other than to ensure than a reasonable accommodation is provided or to obtain the relief the OSR seeks.
PROOF OF COMMON LAW MARRIAGE Montana State Law regarding common law marriage:
In Montana, a man and a woman who have not gone through a formal marriage ceremony may enter into a legally binding common law marriage.
For a common law marriage to be recognized by law in the State of Montana, these four requirements must be met:
1. Competency: this means that the man and the woman both must legally have the mental ability and capacity to consent to the marriage. NOTE: The man and woman must NOT already be married to someone else, and both must be old enough to marry before they can enter into a valid common law marriage.
2. Consent: this means the man and the woman both agree to enter into a marriage relationship. NOTE: A common law marriage is NOT created simply because a man and a woman live together and act as if they were married. The man and the woman both must PLAN to enter into marriage.
41

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 83 of 100
3. Cohabitation: This means the man and the woman have lived together for a significant period of time. NOTE: Merely living together and having children together does NOT mean a common law marriage exists. There must be proof the man and woman represent themselves as husband and wife.
4. Reputation: This means the man and the woman both present themselves as a married husband and wife to relatives, friends, neighbors, co-workers, and to the public. NOTE: Owning property such as a house or car jointly with another person is NOT proof they are representing themselves as married unless the deed, title, or other proof of ownership indicates they own the property as husband and wife.
Montana State Prison accepts the following for proof of common law marriage: 1. Health/life insurance forms listing each other as spouse 2. Tax returns listing each other as spouse 3. Certified birth certificate listing each other as parents
42

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18
STATE OF MONTANA DEPARTMENT OF CORRECTIONS WORK ASSIGNMENT / REMOVAL REQUEST FORM

Page 84 of 100

Name:

MSP/DOC#

I am requesting the above inmate to be ASSIGNED to

the

for the following reasons:

Title

Code

I am aware of the inmate’s health status and am willing to employ him within its restriction(s) and to make any

reasonable accommodations needed.

Supervisor Name (Print Name)

Supervisor Signature

Date:

I am requesting the above inmate to be REMOVED from

the

for the following reasons:

Title

Code

I am aware of the inmate’s health status and am willing to employ him within its restriction(s) and to make any

reasonable accommodations needed.

Supervisors Name (Print Name)

Supervisor Signature

Date:

INMATE STATEMENT:

Inmate Signature:

Date:

Health Status Date:

Restrictions:

Community

Double Fence:

Yes

No

Worker:

Yes

No

Outside Fence Roster:

Yes

No

Long Term Worker:

Yes

No

Outside Fence w/Direct Supervision:

Yes

No

Warrants:

Yes

No

Industries Fence Roster:

Yes

No

Detainers:

Yes

No

Escape(s)/Walkaway:

Yes

No Separation Needs:

Yes

No

Parole Date:

Discharge Date:

**If any of the above are marked yes, explain below in designated area**

Present Status: Unit Custody Assignment Code

Unit Management Decision: Unit Custody Assignment Code

If Direct Supervision is requested explain expectations and special instructions below:

UMT Reason for assignment or removal and any comments for items marked yes:

Signature:

Date: **Outside fence clearance requires unit manager approval**

White – Main File

Canary – Six Part File

Pink – Inmate

Goldenrod - Supervisor

EXHIBIT 4

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 85 of 100
Montana Department of Corrections

Montana State Prison Leroy Kirkegard Warden

Steve Bullock, Governor Mike Batista, Director

Notice of Rights for Inmates With Disabilities

The Right to Reasonable Accommodations:
Inmates with qualifying disabilities have the right to receive “reasonable accommodations” to make programs and services more accessible to the extent that the accommodation does not pose legitimate safety or security concerns, or create an undue burden on the facility. “DOC 3.3.15, Americans with Disabilities Act (ADA) Offender Accommodations” gives more information about inmates’ rights to reasonable accommodations.

To ensure access to programs, activities, and services, the Department of Corrections shall, as needed by inmates with disabilities:

Make reasonable modifications in policies; practices and/or procedures. Remove barrier to access. Provide auxiliary aids and services. Make other reasonable accommodations needed to ensure access to programs, activities, and services
If the action needed to provide effective access creates an undue burden or poses a legitimate safety or security concern, the action will not be required.

Inmates with disabilities may receive an interpreter or other accommodation to access the following processes
or services:  Disciplinary hearing  Dental  Grievances  Parole  Programs  Education  Medical  Mental Health  Classification  Employment  Any other program, service or activity

How to Ask for a Reasonable Accommodation: Inmates with disabilities must ask their Unit Counselor or other Department staff, in person or in writing, for accommodations, interpreters, and other services. Inmates may also directly route any written request for accommodation by using an Offender/Staff Request (OSR) form to the Department offender ADA Coordinator, Russ Danaher. If an inmate is unable to complete the form as a result of a disability, he may request assistance

400 Conley Lake Road Deer Lodge, MT 59722-9707

EXHIBIT 5

Phone: (406) 846-1320 Fax: (406) 846-2951 www.cor.mt.gov

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 86 of 100 to do so. All information shared between the inmate and staff shall be confidential from other inmates and unnecessary staff.
How to Make Complaints: Inmates who are denied a reasonable accommodation, or believe they were discriminated against by Department staff because of their disabilities, have the right to file a grievance under the “Inmate Grievance System” MSP Policy 3.3.3. If an inmate is unable to complete a grievance form as a result of a disability, he may request staff assistance to do so. All information shared between the inmate and staff shall be confidential from other inmates and unnecessary staff.

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 87 of 100
MONTANA STATE PRISON INMATE ASSIGNMENT DESCRIPTION

ASSIGNMENT: Infirmary Aide Direct supervisor: Unit Correctional Officers. Indirect supervisor: Unit Sergeants and Infirmary staff

Work as directed under general staff supervision. Duties and tasks may vary as required by supervisor and include, but are not limited to, the following essential functions:

ESSENTIAL FUNCTIONS:

1) Provide assistance with activities of daily living (ADL’s)

>

Oral care

>

Nail care {non diabetic patients}

>

Skin care

>

Grooming

>

Bathing

>

Dressing

>

Incontinent care

>

Feeding if necessary

>

Assist with ambulation

>

Transport to the Chow Hall

>

Transport to the Infirmary and Pill Pass

>

Will work closely with Infirmary staff and report all concerns regarding patient’s condition.

>

Change bedding and adhere to Universal Precautions.

>

Maintain area in accordance with current Montana Department of Health guidelines.

>

Will keep unit staff well advised of patient’s condition, needs, problems, etc.

>

If you are off-duty you will still be expected to readily assist other Infirmary Aides who are on-

duty with your patient when needed for tasks that require two (2) Aides including, but not limited

to showering.

>

Any other duties as assigned by supervisor.

>

D-unit Aides that push a wheelchair will use the handicap ramp in front of the Low Support

building and will not run with the wheelchair or in any way misuse the wheelchair.

>

Infirmary Aide’s will perform their duties so as not to endanger the handicap inmate’s safety.

You will be responsible to provide all care during your shift.

>

Comply with privacy and confidentiality standards.

2) Bio Crew

a) You will be utilized to clean up blood or body wastes, generally in the locked housing units. b) You will only be expected to perform this duty on your “off scheduled day” and will be
compensated an additional $5.00 per day in addition to your “off scheduled day" compensation. c) If you are only working as a regular Infirmary aide you will be expected to perform this duty whenever called and the same pay will apply in addition to your regular days’ pay. d) You will be provided with appropriate safety training prior to engaging in the duties of a “Bio Clean Up Crew member*’. e) You will be provided with appropriate personal protective equipment to perform the duties; shoe covers, gloves, masks, protective clothing.

EXHIBIT 6

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 88 of 100

SAFETY STANDARDS AND CONCERNS:

1)

Must complete the required safety training on all equipment, protective supplies, chemicals and bodily

fluids (blood borne pathogens) prior to performing these duties.

2)

Must use equipment, chemical handling, food handling, and lifting techniques as trained and directed

by staff.

3)

Must wear and utilize issued personal protective equipment/supplies/items as directed and needed.

4)

Must utilize Universal Precautions when providing all care.

5)

The Infirmary Aide for any inmate will perform all of their duties with the utmost care and caution.

MINIMUM QUALIFICATIONS & SPECIAL CONDITIONS:

1)

Must have no major disciplinary infraction reports, criminal convictions, or documented institutional

behavior, that are inconsistent with assignment duties or assignee, to be determined by the Offender

Classification System. Any rule infractions received while under this assignment may be grounds for

removal from the assignment.

2)

Must compensate the facility for the costs of replacement of any equipment that is missing or broken due

to your actions, neglect, abuse or misuse.

3)

Infirmary Aide’s will comply with any staff members request for a pat search and/or strip search.

4)

Any Infirmary Aide will be subject to termination of employment at the request of the unit management

team for just cause. Infirmary Aide’s will be terminated upon guilty finding of any major disciplinary

infraction.

5)

Must address staff in a respectful manner by using their title (Sgt., Officer, Mr., Mrs., Ms., etc) followed

by the staff members’ last name.

6)

Immediately comply with any reasonable request of staff including assisting other unit workers when

directed by staff.

7)

Infirmary Aide’s will not pass anything to or from any other inmate for any reason.

8)

No offender or group of offenders will have control or authority over other offenders.

COMPENSATION & SCHEDULE: Pay is $1.50 per day. Assignment schedule will be determined by the supervisor. You will be required to accurately and honestly complete a “time sheet” for your days of work.

Inmate signature indicates that he understands this assignment.

Date

Inmate Signature and Number Staff Signature

Date

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 89 of 100
TABE TESTING INMATE PERSONAL INFORMATION

Date:______________

Name:__________________________________________

A0#_________________

Race:_______________

Social Security #:__________________________________

Date of Birth:____________________________________

Over 22: yes:_______ no__________

Last Grade Completed:____________

Did you drop out of high school? __________________________

Type of Diploma:_________________ Year Received ___________

Last K-12 School Attended:________________________

Have you ever been a resident of Pine Hills? Yes:______ No:________

Have you ever had an IEP or been in special education: Yes:__ No:___

*If the student is under 22 and does not have a high school equivalancy, this form must be sent to Marisa Britton-Bostwick in the Education Department within 24 hours.

EXHIBIT 7

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 90 of 100 NOTICE: MSP AND MCE WILL NOT DISCRIMINATE ON THE BASIS OF
DISABILITY IN WORK ASSIGNMENTS, EDUCATION OR VOC-ED PROGRAMS.

To:

Inmates at the Montana State Prison

Subject:

Work or Program Assignments for Inmates with Disabilities

Date:

February 10, 2017

The Montana Department of Corrections (MDOC) and Montana State Prison (MSP) are committed to hiring qualified inmates with disabilities for prison work assignments, and vocational education (Voc Ed) and ensuring that disabled inmates have access to any other classes offered at MSP by Montana Correctional Enterprises (MCE). This notice explains how to apply for a work assignment or class that you believe you are qualified for.
The Americans with Disabilities Act prohibits prisons like MSP and entities like MCE from discriminating against inmates with physical and mental disabilities in employment, education and Voc Ed.
Under the ADA, an inmate cannot be denied a work assignment for which he applies on the basis of his disability if a reasonable accommodation would allow him to perform the job.
Likewise, an inmate shall not be denied placement in a vocational education program or a similar class because of disability, if a reasonable accommodation would allow him to participate in the program.
Examples of reasonable accommodations may include:
• a chair for an inmate to sit in while he completes his work; • a specialized work station or tool to complete an assigned task; or • being excused from certain academic requirements involving extensive reading and
writing.
Work assignments are available for inmates with disabilities in all areas of the facility, including the Work Re-Entry Center/Honor Dorm, as well as in the vocational education program.
If you are interested in applying for a prison work assignment, vocational education or other classes that MCE offers, please contact your unit manager or case manager. No inmate will be denied or refused an application because he has a disability. If you have any problems applying for a work assignment or feel that you have been discriminated against because of your disability, please contact the offender ADA Coordinator. Additionally, if you are currently in a work assignment or enrolled in vocational education classes and believe that you need an accommodation to perform your work assignment or complete the vocational education program, please contact the offender ADA Coordinator. You may also contact the ACLU at: ACLU of Montana, 7 West 6th Avenue #519, Helena, MT 59601.

EXHIBIT 8

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 91 of 100 NOTICE RE: INMATE ACCESS TO WORK ASSIGNMENTS OR OTHER MCE
PROGRAMMING

To:

All Unit Counselors, Managers and Staff; MCE Instructors and Staff; and

Employers

Subject:

Access to Work Assignments for Inmates with Disabilities

Date:

February 10, 2017

The Americans with Disabilities Act prohibits the Montana State Prison (MSP) from discriminating against inmates with mental or physical disabilities with regards to any service, program or benefit offered. The prohibition includes discrimination in work assignments, vocational education and any other classes offered at MSP by Montana Correctional Enterprises (MCE). This notice explains how to avoid discrimination in work assignments, vocational education and any other MCE classes.
What is a disability? Examples of physical disabilities include but are not limited to arthritis, asthma/COPD/emphysema, cancer, carpal tunnel syndrome, Crohn’s disease, degenerative joint disease, diabetes, fibromyalgia, hearing loss, heart disease, hepatitis, gout, kidney failure, multiple sclerosis, neuropathy, obesity, scoliosis, sleep apnea, thyroid disorders, traumatic brain injury, and vision loss. Examples of mental disabilities include attention deficit disorder (ADHD), alcohol or drug addiction, autism, bipolar disorder, depressive disorders, intellectual disabilities, learning disabilities such as dyslexia, post-traumatic stress disorder (PTSD), psychotic disorders, and schizophrenia.
When is an inmate qualified for a job or a class? Pursuant to the ADA, an inmate shall not be denied any work assignment to which he applies on the basis of his disability if a reasonable accommodation would allow him to fulfill the responsibilities of the assignment. Likewise, an inmate shall not be denied placement in a vocational education program or a similar class because of disability, if a reasonable accommodation would allow him to participate in the program.
What is a reasonable accommodation? Examples of reasonable accommodations may include: a chair for an inmate to sit in while he completes his work; a specialized location or tool to complete an assigned task; or excusal from certain academic requirements involving extensive reading and writing. Work assignments are available for inmates with disabilities in all areas of the facility, including the Work ReEntry Center/Honor Dorm, as well as in the vocational education program.
What is the process for handling applications or inquiries from inmates with disabilities? Inmates with disabilities should be encouraged to apply for work assignments and MCE programs. Any determinations about eligibility can be made after an application is submitted. If you receive an inquiry or application for work assignment, vocational education or a class MCE offers, you shall not deny or refuse the inmate’s application or request for an application because you know or believe the inmate to have a disability, or know or believe that the inmate cannot do the work assignment or class because of a disability. Denial in these circumstances violates the ADA and would potentially subject MSP to liability. If you believe or the applicant indicates that he may require an accommodation, and you are unsure of how to proceed, please contact the offender ADA coordinator, once the inmate has completed and submitted his application.
If you have any questions about work assignment, MCE programs, the application process, or about specific applications, please contact the Department of Corrections’ offender ADA Coordinator.

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 92 of 100

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA HELENA DIVISION

IN THE MATTER OF LITIGATION RELATING TO CONDITIONS OF CONFINEMENT AT MONTANA STATE PRISON

Case No. CV 93-46-H-DWM-JCL

THIS DOCUMENT RELATES TO: [PROPOSED] ORDER AND

Terry LANGFORD, et al.,

JUDGMENT

Plaintiffs,

v.

Gov. Steve BULLOCK, et al.,

Defendants.

This action came on for hearing before the Court on _______, and the issues having been duly heard and the decision having been duly rendered, it is ORDERED and ADJUDGED as follows:
1. that judgment is entered in accordance with the Settlement Agreement signed by the parties on _____ and the settlement reflected therein is given final approval;

EXHIBIT 9

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 93 of 100
2. that, if necessary, the Court will appoint a Special Master pursuant to Fed. R. Civ. P. 53(a)(1)(B) to address unresolved fees and expense issues;
3. that the Settlement Agreement satisfies the requirements of 18 U.S.C. § 3626(a)(1)(A) in that it is narrowly drawn, extends no further than necessary to correct the violation of the federal right, and is the least intrusive means necessary to correct the violation of the federal right of Plaintiffs; and
4. that this Court retains jurisdiction over this matter for the sole purposes of a. if necessary, reviewing the Special Master’s order pursuant to Fed. R. Civ. P. 53(f); and b. if necessary, enforcing the decisions of the Joint Mediator, as provided in the Settlement Agreement.
IT IS SO ORDERED. DATED this ___ day of _________, 2018
___________________________ Jeremiah C. Lynch United States Magistrate Judge
[PROPOSED] ORDER AND JUDGMENT - 2

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 94 of 100
In the matter of Litigation Relating to the Conditions of Confinement at Montana State Prison,
Civil Action No. 93‐46‐H‐DWM‐JCL, U.S. District Court, District of Montana
IMPORTANT NOTICE TO ALL INMATES CURRENTLY HOUSED IN THE MONTANA STATE PRISON
Notice of Class Action Settlement: A class action lawsuit was filed in 1994 challenging conditions of confinement at the Montana State Prison (“MSP”). On January 14, 1994, the court certified the case as a class action (the “Class”). On October 28, 1994, the parties entered a settlement agreement (“1994 Settlement”). Prior to January 26, 2006, the Defendants had complied with all parts of that agreement except the provision requiring compliance with the Americans with Disabilities Act (“ADA”); no finding had been made concerning compliance with that provision (“the ADA Provision”).
On June 29 and July 12, 2012, the Court appointed experts (the “Experts”) to assess ADA compliance at MSP. The Experts issued their reports in May, 2013, finding that MSP was not in substantial compliance with the ADA Provision. Between September, 2013, and January, 2018, attorneys for the Defendants and attorneys for the Class negotiated to resolve the ADA Provision.
The parties to the lawsuit have negotiated a proposed settlement that resolves claims relating to the ADA for inmates housed at MSP. In those negotiations, the Class was represented by Eric G. Balaban of the ACLU National Prison Project, Jon Ellingson of the ACLU of Montana, and Amy F. Robertson of the Civil Rights Education and Enforcement Center (“Class Counsel”). The Defendants in the case are the Montana Department of Corrections (“MDOC”), the Director of MDOC, the Warden of MSP, and the Governor. Defendants are represented by Colleen Ambrose, Chief Legal Counsel of the MDOC.
Proposed Class Action Settlement Agreement. The Class Action Settlement Agreement (“2018 Settlement Agreement”) provides that the Defendants will do or already have done and will continue to do the following:
1. Remove specific architectural barriers identified by the Experts or take specific steps to ensure program access;
2. Amend specific MDOC policies, MSP procedures, and other policy documents to ensure program access for inmates with disabilities;
3. Train new and existing staff at MSP to ensure that the policies and procedures are implemented; and
4. Pay Class Counsel’s reasonable attorneys’ fees and costs, in an amount to be approved by the Court.
Details concerning the barriers, policies, and procedures affected are set forth in the 2018 Settlement Agreement. You can request a copy of the 2018 Settlement Agreement or any of the affected policies by writing to the address at the bottom of this page. The policies will also be available on computers in the libraries.
Your Rights as a Class Member. The Court has granted Preliminary Approval of the 2018 Settlement Agreement. A hearing to evaluate the fairness of the 2018 Settlement Agreement, and to decide whether to grant Final Approval will be held on ________ at _____ in the courtroom of U.S. Magistrate Judge Jeremiah C. Lynch, Russell Smith Courthouse, 201 E. Broadway, Suite 370, Missoula, MT 59802. If the 2018 Settlement Agreement is given Final Approval, all Class members will be bound by the provisions of the 2018 Settlement Agreement with respect to any and all claims for injunctive relief ‐‐ that is, what MDOC agrees to do to comply with the ADA ‐‐ and related attorneys’ fees. The 2018 Settlement Agreement does not release claims for damages.
If you wish to object to the 2018 Settlement Agreement or to speak at the hearing, you must send any objection and/or notice of your intent to appear at the hearing to the Court in writing on or before __________. Include the case number (Civil Action No. No. 93‐46‐H‐DWM‐JCL) and mail your objection or notice of intent to appear to the following address: Clerk of the Court, Russell Smith Federal Courthouse, 201 E. Broadway, Missoula, MT 59802. The Court will determine whether it will hear from any objecting Class members at the Final Approval Hearing, and will enter an Order identifying all objecting Class Members who may speak at the hearing.
How To Get Further Information. If you have any questions or want a copy of the entire 2018 Settlement Agreement or any of the affected policies, send an Offender Staff Request (OSR) to:
Legal Services Office Montana State Prison
Please read this Notice carefully. It affects your legal rights.
EXHIBIT 10

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 95 of 100
Michael K. Brady 9840 Inwood Road Folsom, California 95630
(916) 798-2504
SUMMARY OF QUALIFICATIONS
During the last thirty years, I have worked in executive level positions for the State of California and as a trial attorney in private practice with extensive jury trial experience. As a Senior Public Policy Consultant for the California State Senate President Pro Tempore, I specialized in serving the most vulnerable populations in the community and solving the most complex state operational problems in the areas of corrections, parole, probation, Americans with Disabilities, developmentally disabilities substance abuse, dual diagnosis, medical, dental, and mental health treatment programs. In addition, I have held executive level and rank and file positions in the Department of Corrections including Assistant Secretary, Deputy Secretary, Chief Auditor, Deputy Commissioner at the Board of Parole Hearings, Chief of Court Compliance, and Director of Programs at the Division of Juvenile Justice. During my tenure at Corrections, I was responsible for overseeing six major federal civil rights class action lawsuits (Armstrong [ADA], Clark, Valdivia, LH, Farrell, and Rutherford) including but not limited to meeting and conferring with plaintiffs’ counsel, negotiating settlements, drafting remedial plans, overseeing the development of complex policies, procedures, establishing new budgets with the attendant position authority, monitoring compliance, and conducting comprehensive training for parole agents, parole hearing officers, custody and support staff for the Adult and Juvenile Parole Board, Adult and Juvenile Parole Division, Adult and Juvenile Justice Facilities Division. A major component of each of these six class action lawsuit was ensuring compliance with the Americans with Disabilities Act.
As a leader and manager, I am a strong proponent of establishing well defined standards and criteria for compliance, key performance measurements, regular/systematic monitoring, and timely corrective action plans.
In my leadership roles, I have a proven ability to develop and maintain professional relationships with internal and external stakeholders. As a professional, I pride myself on having a tremendous work ethic, strong leadership, analytic, and organizational skills as well as the ability to comprehend and solve complex problems in a cost effective and efficient manner. Through my lifelong love of learning and self improvement, I have developed excellent written and oral communication skills, and I have extensive education, training and experience in the areas of the law, custody operations at the state and local level, Americans with Disabilities Act, developmental disabilities, medical, mental health, dental, education, and substance abuse programs, project management, business, parole revocation and suitability hearings, and in custody misconduct hearings.
While with the Department of Corrections and Rehabilitation, each of my job changes were the result of gubernatorial appointments or internal promotions. I was called upon many times by the administration to work with a department or division struggling in transition. In each assignment I was successful in getting the department, division, or reform efforts back on track in a timely, efficient and cost effective manner. Every major civil rights class action case in which I negotiated the settlement, was in charge of overseeing the implementation and monitoring
EXHIBIT B

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 96 of 100
Michael K. Brady 9840 Inwood Road Folsom, California 95630
(916) 798-2504
compliance, has been found to be in substantial compliance and dismissed by the courts. (Valdivia, Rutherford/Lugo, LH, and Farrell).
These successes were the direct result of a multi-disciplinary, inclusive, collaborative task force approach with open minds, and a client focused approach to the delivery of integrated services.
EMPLOYMENT
Sabot Consulting
Director, Criminal Justice Division June 2012-Present
Division encompasses all aspects of federal, state and local corrections and jail operations, parole and probation operations/programs, risk/needs assessments, substance abuse, medical, dental, and mental health programs. My extensive education and experience as a trial attorney, project manager, parole board hearing officer, high level executive in corrections, Chief of Court Compliance and years of management of complex civil rights litigation including the development and implementation of large IT projects with strict deadlines, allows me, along with a cadre of subject matter experts, to advise federal, state, and local governments on what is needed to run cost effective and constitutional prison, jail, parole, parole board, and probation operations. We do so by maximizing the use of evidence based practices, real time data, community resources and programs while minimizing the use of expensive custodial beds that should be reserved for only those who are a current threat to public safety. I have worked very closely with the federal and state court judges in implementing complex remedial plans for adult and juvenile systems, and I have developed entire adult and juvenile parole revocation and release hearing systems for the state of California. I have conducted over one thousand parole violation and parole suitability hearings as a hearing officer. In addition, from 2008-2001 as Assistant Secretary of Audits and Compliance and Chief of Court Compliance, I oversaw comprehensive American’s with Disabilities Act gap analyses and monitored compliance with the Americans with Disabilities Act in 34 California State Prisons, 5 California Youth Prisons, and 58 California county jails.
In several federal class action litigation cases, I currently serve as a joint expert and jail monitor for plaintiffs and defendants in the area of the Americans with Disabilities Act in the following California counties:
Sacramento County Shasta County
I served as a joint expert in the area of the Americans with Disabilities Act from July 2015-July 2016 for Santa Clara County, California, and currently I serve as jail monitor

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 97 of 100
Michael K. Brady 9840 Inwood Road Folsom, California 95630
(916) 798-2504
and ADA expert for Santa Clara County exclusively by agreement with Plaintiffs and Defense Counsel.
In addition, since 2015, Sabot Consulting has conducted a 8 hour comprehensive ADA training for badge staff, medical staff, and program staff as well as every Department of Correction Academy Class.
In 2013, I also conducted a comprehensive ADA accessibility assessment of the Solano County, California, Department of Correction.
Department of Corrections and Rehabilitation
Office of the Secretary
Assistant Secretary of Audits and Court compliance July 2010 to June 2012
At the Office of Audits and Court Compliance, consisting of over 130 staff, I oversaw the implementation and compliance monitoring of all non-medical class action court ordered remedial plans including but not limited to Armstrong, Valdivia, Clark, LH, Rutherford/Lugo, and Farrell. I was also responsible for overseeing the performance of internal fiscal audits to identify waste, fraud and inefficiency for CDCR. Moreover, I carried out peer reviews including auditing state prisons and juvenile facilities, ensuring compliance with the departmental operational procedures, as well as collaboratively drafting corrective action plans where the department was out of compliance. I also oversaw the re-engineering of the COMPSTAT software program currently in use by CDCR.
Division of Juvenile Justice Chief of Court Compliance/Director of Programs March 2009 to July 2010
I led the Farrell v Cate remedial plan implementation efforts. I was responsible for the oversight of a multi-disciplinary task force with internal and external stakeholders that oversaw and implemented 7 Farrell remedial plans (Medical, Mental Health, Dental, Sex Behavior Treatment, Education, Safety and Welfare, Youth with Disabilities) as well as community based aftercare programs. I oversaw the creation and revision of complex Division of Juvenile Justice policies and procedures, contracts, budget change proposals, programs, large IT projects, and communication process with experts, plaintiffs, the court, and the Office of the Special Master. I raised Juvenile Justice’s substantial compliance from 66% to 84% in 18 months ending the threat of a court ordered receiver. In addition, I designed the Division of Juvenile Justice Parole Revocation process in LH v Brown, and I oversaw its implementation which resulted in its successful dismissal.

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 98 of 100
Michael K. Brady 9840 Inwood Road Folsom, California 95630
(916) 798-2504
Board of Parole Hearings Deputy Commissioner November 2006 to March 2009
I conducted over 1,000 parole revocation proceedings (including probable cause hearings and contested hearings with witnesses) as an administrative hearing officer for the Board of Parole Hearings in compliance with the Valdivia v Schwarzenegger Stipulated Permanent Injunction and Board of Parole Hearings policies and procedures as well as relevant hearing directives. As a hearing officer, compliance with the American’s with Disabilities Act was a critical component of giving parolees and life inmates meaningful access to the parole revocation/suitability hearing process.
Litigation Management Unit Senate Employee on Inter-Agency Contract Project Manager December 2003 to November 2006
I designed the adult parole revocation system for the State of California in 2003, and I was the principal state negotiator for the Valdivia remedial plan. I was the Project Manager and oversaw the implementation of and monitored compliance with the Valdivia Remedial Plan of which compliance with the American with Disabilities Act was a major component. My duties included establishing new positions, preparing budget and workload justifications, drafting policies and procedures, negotiating contracts, heading a 25-member multi-divisional task force within the Youth and Adult Correctional Agency. I was responsible for the training of Deputy Commissioners, Correctional Counselors, and various other program staff as required for the new Valdivia Remedial Plan. I administratively oversaw the development of a modified Revocation Tracking Information Technology System as well as the planning and construction of 13 new Decentralized Revocation Units. A major component of the Valdivia Remedial Plan was monitoring compliance with the American’s with Disabilities Act through the Armstrong II Remedial Plan.
Deputy Secretary- Appointed by Governor Gray Davis February 2003 to December 2003
Subject Areas: Board of Prison Terms Parole Violation and Parole Suitability Hearings; Adult and Juvenile Drug Treatment Programs; Legislation; Alternative placement of the Elderly; and other areas as needed by the Secretary and Undersecretary.

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 99 of 100
Michael K. Brady 9840 Inwood Road Folsom, California 95630
(916) 798-2504
California State Senate
President Pro Tempore Senator John L. Burton Public Policy Consultant California State Senate, Sacramento September 2000 to February 2003
Subject areas: Department of Corrections; Board of Prison Terms; Public Safety; Proposition 36; Community based Chemical Dependency/Mental Health Treatment/Dual Diagnosis programs; Attorney Diversion and Assistance Program.

Brady, Stawicki & Kent

Partner/Trial Attorney 1984 – 1998 Trial attorney in homicide and death penalty trials as well as general criminal defense practice. Over 100 jury trials including 25 homicides and 6 death penalty cases.

EDUCATION

2013

Boston University Professional Fund Development Certificate

2010

University of California Davis Project Management Certificate

1979–1983

University of the Pacific, McGeorge School of Law, Sacramento, CA Juris Doctorate Member 1981 International Moot Court Team – National Champions 1981 2nd Place World Competition 1981

1977-1979

California Polytechnic Institute, San Luis Obispo, CA English Major, six units shy of Bachelor of Arts Degree (accident/hospitalization prevented completion of last summer quarter)

Case 6:92-cv-00013-JCL Document 354 Filed 02/23/18 Page 100 of 100
Michael K. Brady 9840 Inwood Road Folsom, California 95630
(916) 798-2504

1975-1977

Cuesta Community College, San Luis Obispo, CA AA Degree Highest Honors Student Body President 1976-1977

PUBLICATIONS & LEGISLATION  Protecting the Public by Assisting Addicted Lawyers in Overcoming Substance Abuse  Senate Bill 479 Lawyer’s Assistance Program enabling legislation  Senate Bill 223 Prop 36 Drug Testing Bill and clean up legislation

COMMITTEE ASSIGNMENTS  Judicial Council Proposition 36 Workgroup 2001-2003; Judge Darrell Stevens, Chair  Judicial Council Collaborative Justice Committee 2001-2003; Judge Darrell Stevens, Chair  Proposition 36 Statewide Advisory Committee 2001-2003; Senator Burton’s representative  California Center for Collaborative Substance Abuse Policy Research 2001-2003 University of San Francisco, Laurel Heights Campus

COMMUNITY BOARD AND PROGRAM PARTICIPATION
 Mercy Perinatal Recovery Network Advisory Board (outpatient program for chemically dependent pregnant women and women with children 5 and under) Vice Chair 2001-2006, Chair 2006-2009
 Project Help, Inc. Vice President Sacramento Mobilizing Against Substance Abuse Charter Member, Board of Directors 2001
 Physicians and Lawyers for National Drug Policy Leadership Council Charter Member 2003
 Mercy San Juan Hospital Community Leadership Council 2009-2012  Saint Ignatius of Loyola Parish, Mission and Outreach Board whose mission is to serve
the most vulnerable populations in the community 2011-Present  Jesuit Restorative Justice Initiative Board of Directors 2012-2013  Anti-Recidivism Coalition, Inc. Advisory Board Member and mentor for at risk formerly
incarcerated youth in the community 2010 - Present

 
 Case 6:92-cv-00013-JCL Document 355 Filed 02/27/18 Page 1 of 2

FILED IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MONTANA HELENA DIVISION
IN THE MATTER OF

FEB 2 7 2018
Cter1c, U.S . District ODtstrict C •AvMi1· ssof uM1aontanaOurt

LITIGATION RELATING TO CONDITIONS OF CONFINEMENT

CV 93-46-H-DWM-JCL

AT MONTANA STATE PRISON

THIS DOCUMENT RELATES TO:

ORDER

Terry LANGFORD, et al. , Plaintiffs,

vs. Gov. Steve BULLOCK, et al.,
Defendants.

Having considered the Parties' Joint Unopposed Motion for Preliminary Approval

of Revised Class Action Settlement (doc. 1542), it is ORDERED that the joint motion is GRANTED and the Revised Class Action Settlement, attached as Exhibit A to the motion, is hereby PRELIMINARILY APPROVED. It is further ORDERED that:
1. The proposed notice, Exhibit 10 to the Revised Class Action Settlement is APPROVED;
2. On or before March 9, 2018 (the "Notice Deadline"), notice shall be disseminated to the class as set forth in Paragraph VIII of the Class Action Settlement;
3. The following procedures will govern the submission of objections, if any:
1

Case 6:92-cv-00013-JCL Document 355 Filed 02/27/18 Page 2 of 2
a. Any member of the Class may object to the proposed settlement agreement by filing, on or before May 8, 2018, written objections with the Clerk of the Court;
b. Only such objecting Class Members shall have the right, if they seek it in their objection, to present objections orally at the Final Approval Hearing; and
c. This Court shall determine whether it will hear from any objecting Class members at the Final Approval Hearing, and will enter an Order identifying all objecting Class Members it wants to hear from at the hearing.
4. Final Approval Hearing is hereby set at 10:00 a.m. on Tuesday, June 11, 2018, at the Russell Smith Courthouse, 201 E. Broadway, in Missoula.
DATED this 27th day ofFebru e miah C. Lynch nited States Magistrate Judge
2

 
 Case 6:92-cv-00013-JCL Document 371 Filed 06/19/18 Page 1 of 2

FILED

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA HELENA DIVISION

JUN 19 2018
Cl~~· U. S Distr;
ISfriMcitsOsofuM/~ncttaCnaourt

IN THE MATTER OF LITIGATION

RELATING TO CONDITIONS OF Case No. CV 93-46-H-JCL

CONFINEMENT AT MONTANA

STATE PRISON

THIS DOCUMENT RELATES TO: Terry LANGFORD, et al. ,

ORDER AND JUDGMENT

Plaintiffs,

v.

Gov. Steve BULLOCK, et al.,

Defendants.

On June 19, 2018, the parties filed their consent to the undersigned United States Magistrate Judge's authority over this lawsuit as provided in 28 U.S.C. § 636(c). Therefore, the Court's Findings and Recommendation entered June 18, 2018 is WITHDRAWN.
Further, based upon the parties' revised Class Action Settlement Agreement (doc. 1542 at 10-23), the parties' Joint Motion for Final Approval of Revised Class Action Settlement, and the hearing conducted on June 8, 2018, IT IS HEREBY ORDERED AND ADJUDGED as follows:
1

Case 6:92-cv-00013-JCL Document 371 Filed 06/19/18 Page 2 of 2
1. The objections (doc. 1548) to the Class Action Settlement Agreement filed in this case are overruled;
2. Judgment is entered in accordance with the Class Action Settlement Agreement signed by the parties on February 23, 2018, and the settlement reflected therein is given final approval;
3. If necessary, the Court will appoint a Special Master pursuant to Fed. R. Civ. P. 53(a)(l)(B) to address unresolved fees and expense issues;
4. The Settlement Agreement satisfies the requirements of 18 U.S.C. § 3626(a)(l)(A) in that it is narrowly drawn, extends no further than necessary to correct the violation of the federal right, and is the least intrusive means necessary to correct the violation of the federal right of Plaintiffs; and
5. This Court retains jurisdiction over this matter for the sole purposes of: a. if necessary, reviewing the Special Master's order pursuant to Fed. R. Civ. P. 53(±); and b. if necessary, enforcing the decisions of the Joint Mediator, as provided in the Settlement Agreement.
DATED the 19th day of July, 2018.
Jer miah C. Lynch ited States Magistrate Judge
2

 
 Case: 6:93-cv-46 As of: 07/02/2020 08:24 AM MDT 1 of 95
CLOSED,CONSMAG,DISPF&R,LEAD,PROTO,REMAND,STAYED
U.S. District Court District of Montana (Helena) CIVIL DOCKET FOR CASE #: 6:93−cv−00046−JCL

In Re: Conditions at MSP, et al v. MT ST, et al Assigned to: Magistrate Judge Jeremiah C. Lynch Demand: $0 Cause: 42:1983 Prisoner Civil Rights
In Re

Date Filed: 09/13/1993 Date Terminated: 06/19/2018 Jury Demand: Defendant Nature of Suit: 550 Prisoner: Civil Rights Jurisdiction: Federal Question

In the matter of litigation relating to conditions of confinement at Montana State Prison.

represented by Amy F. Robertson CIVIL RIGHTS EDUCATION AND ENFORCEMENT CENTER 1245 E. Colfax Ave., Suite 400 Denver, CO 80218 303−757−7901 Fax: 303−595−9705 Email: arobertson@creeclaw.org LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Eric G. Balaban NATIONAL PRISON PROJECT 915 15th Street NW Seventh Floor Washington, DC 20005 Email: ebalaban@aclu.org LEAD ATTORNEY ATTORNEY TO BE NOTICED

Alexander H. Rate AMERICAN CIVIL LIBERTIES UNION OF MONTANA P.O. Box 1968 Missoula, MT 59806 406−204−0287 Email: ratea@aclumontana.org ATTORNEY TO BE NOTICED

Jon E. Ellingson Attoney At Law 141 North Ave. East Missoula, MT 59801 406−546−9084 Email: jonelling@gmail.com TERMINATED: 03/27/2018

Sarah M. Morris CIVIL RIGHTS EDUCATION AND ENFORCEMENT CENTER 104 Broadway, Suite 400 Denver, CO 80203 303−757−7901 Fax: 303−595−9705 TERMINATED: 02/03/2016 PRO HAC VICE

Plaintiff Montana State Prison Inmates

represented by Alexander H. Rate (See above for address)

Case: 6:93-cv-46 As of: 07/02/2020 08:24 AM MDT 2 of 95
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amy F. Robertson (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Eric G. Balaban (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jeffrey T. Renz CRIMINAL DEFENSE CLINIC School of Law 32 Campus Drive University of Montana Missoula, MT 59812 Email: jeff.renz@umontana.edu LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ajmel A. Quereshi NATIONAL PRISON PROJECT OF ACLU FOUNDATION 915 15th Street N.W. Washington, DC 20005 202−393−4930 Fax: 202−393−4931 Email: aquereshi@npp−aclu.org TERMINATED: 02/17/2016 PRO HAC VICE
Amy Randall MOUNTAIN WEST BANK 2021 North Montana Ave Helena, MT 59601 406−449−2265 Fax: 406−440−2283 Email: arandall@fsb−hln.com TERMINATED: 03/05/2007
Andrew Huff LAW OFFICE OF ANDREW I. HUFF 2601 Broadway Street Helena, MT 59601 406−551−9120 Fax: 406−441−2100 Email: aihuff@msn.com TERMINATED: 03/05/2007
Anna C. Conley MISSOULA COUNTY ATTORNEY 200 W Broadway, County Courthouse Missoula, MT 59802 406−258−4737 Email: aconley@missoulacounty.us TERMINATED: 06/26/2014
Beth Brenneman MONTANA ADVOCACY PROGRAM PO Box 1681 Helena, MT 59624

Case: 6:93-cv-46 As of: 07/02/2020 08:24 AM MDT 3 of 95
406 449−2344 Fax: 406 449−2418 Email: beth@disabilityrightsmt.org TERMINATED: 03/17/2004
Edmund F. Sheehy , Jr. CANNON & SHEEHY Box 5717 2031 Eleventh Avenue Helena, MT 59604−5717 406−442−9930 Fax: 442−9937 TERMINATED: 05/09/2007
Elizabeth L. Griffing AXILON LAW GROUP, PLLC − HELENA Power Block, Ste. 4P 7 West 6th Ave. Helena, MT 59601 406−457−5465 Fax: 406−447−4255 Email: bgriffing@axilonlaw.com TERMINATED: 10/05/2011
Jennifer Ann Giuttari MONTANA LEGAL JUSTICE, PLLC 415 North Higgins Ave. Suite #2 Missoula, MT 59802 406−356−6546 Fax: 406−721−5912 Email: jennifergiuttari@idaholegalaid.org TERMINATED: 02/17/2012
Jon E. Ellingson (See above for address) TERMINATED: 03/27/2018
Margaret Winter THE NATIONAL PRISON PROJECT 733 15th Street NW Suite 620 Washington, DC 20005 202−393−4930 Fax: 393−4931 TERMINATED: 02/17/2016
Palmer A. Hoovestal HOOVESTAL LAW FIRM PO Box 747 Helena, MT 59624−0747 406−457−0970 Fax: 406−457−0475 Email: palmer@hoovestal−law.com TERMINATED: 02/17/2016
Sarah M. Morris CIVIL RIGHTS EDUCATION AND ENFORCEMENT CENTER 1245 E. Colfax Ave., Suite 400 Denver, CO 80218 303−757−7901 Fax: 303−595−9705 TERMINATED: 02/03/2016

Case: 6:93-cv-46 As of: 07/02/2020 08:24 AM MDT 4 of 95
PRO HAC VICE
Scott C. Wurster ATTORNEY AT LAW 222 Montana Avenue Whitefish, MT 59937 406−863−9020 TERMINATED: 12/15/2010

V.
Defendant
State of Montana, Department of Corrections Personnel

represented by Colleen E. Ambrose MONTANA DEPARTMENT OF CORRECTIONS P. O. Box 201301 Helena, MT 59620−1301 406−444−4152 Fax: 444−1494 Email: cambrose@mt.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Aislinn W. Brown MONTANA DEPARTMENT OF JUSTICE PO Box 201440 Helena, MT 59620−1440 406−444−0160 Fax: 406−444−4303 Email: aislinn.brown@mt.gov ATTORNEY TO BE NOTICED
Christopher D. Abbott MONTANA DEPARTMENT OF JUSTICE − ALS 1712 Ninth Ave Helena, MT 59601 406−444−5779 Fax: 406−444−4303 Email: Christopher.Abbott@mt.gov ATTORNEY TO BE NOTICED
Colleen A. White MONTANA DEPARTMENT OF CORRECTIONS PO Box 201301 Helena, MT 59620−1301 406−444−3918 Fax: 444−1494 TERMINATED: 02/06/2004
Colleen Graham White Attorney at Law P.O. Box 201301 Helena, MT 59620−1301 TERMINATED: 02/06/2004
David L. Ohler MONTANA DEPARTMENT OF TRANSPORTATION 2701 Prospect Avenue PO Box 201001 Helena, MT 59620−1001

Case: 6:93-cv-46 As of: 07/02/2020 08:24 AM MDT 5 of 95
406−444−6201 Fax: 406−444−7643 Email: dohler@mt.gov TERMINATED: 12/15/2010
Diana Koch MONTANA DEPARTMENT OF CORRECTIONS PO Box 201301 Helena, MT 59620−1301 406−444−3918 Fax: 444−1494 TERMINATED: 02/06/2004
Diana Leibinger−Koch MONTANA DEPARTMENT OF CORRECTIONS Box 201301 1539 Eleventh Avenue Helena, MT 59620−1301 406−444−5682 Fax: 444−1494 TERMINATED: 02/06/2004
Elizabeth S. Baker HUGHES KELLNER SULLIVAN & ALKE PLLP PO Box 1166 40 West Lawrence Avenue Suite A Helena, MT 59624−1166 406−442−3690 Fax: 406−449−4849 Email: bbaker@hksalaw.com TERMINATED: 12/02/2010
Kimberly A. Kradolfer MONTANA DEPARTMENT OF JUSTICE PO Box 201440 Helena, MT 59620−1440 406−444−2026 Fax: 444−4303 TERMINATED: 02/17/2016
Lois H. Adams MONTANA DEPARTMENT OF CORRECTIONS PO Box 201301 Helena, MT 59620−1301 406−444−3918 Fax: 444−1494 TERMINATED: 12/16/1998
McKenzie V. McCarthy MONTANA DEPARTMENT OF CORRECTIONS 5 S. Last Chance Gulch Helena, MT 59601 406−444−3918 Fax: 406−444−4920 TERMINATED: 10/01/2015
Michael R. King Special Assistant Atty General Risk Management & Tort Defense

Case: 6:93-cv-46 As of: 07/02/2020 08:24 AM MDT 6 of 95
Division 1625 11th Ave PO Box 200124 Helena, MT 59620−0124 406−444−2421 Fax: 444−2592 Email: mking@mt.gov TERMINATED: 12/02/2010
P. Keith Keller KELLER REYNOLDS DRAKE JOHNSON & GILLESPIE 50 S Last Chance Gulch 3rd Floor Helena, MT 59601 406−442−0230 Fax: 449−2256 TERMINATED: 12/15/2010
Rebekah J. French MONTANA DEPARTMENT OF ADMINISTRATION − RISK MGMT TORT DEFENS Risk Management and Tort Defense Division PO Box 200124 Helena, MT 59620−0124 406−444−2485 Email: rfrench@mt.gov TERMINATED: 01/18/2018
Timothy R. Payne U.S. DEPARTMENT OF JUSTICE − CIVIL RIGHTS DIVISION Box 66400 Washington, DC 20035−6400 TERMINATED: 12/15/2010

Date Filed 09/13/1993 09/13/1993
09/30/1993

# Docket Text
1 ATTACHMENT B TO CASE MANAGEMENT ORDER NO. 1 (SCHEDULING ORDER) Honorable Leif B. Erickson; pretrial order lodged by 09/26/94. Motion filing: to compel discovery by 08/08/94; all other mtns by 08/26/94. Discovery due: 07/25/94. Status reports: 06/10/94. Pltfs i.d. expert witnesses by 04/25/94 & defts by 05/25/94. Cnsl convene attys' conf wk of 09/12/94. SETTLEMENT DATE: 09/19/94. (cc: all counsel & pro se pltfs) (MGS) Modified on 09/28/1993 (Entered: 09/28/1993)
1 CASE MANAGEMENT ORDER NO. 1 by Honorable Leif B. Erickson Case consolidated 6:93−cv−46 with member cases 6:92−cv−13, 4:92−cv−77, 4:92−cv−115, 6:92−cv−41, 6:93−cv−20, 6:93−cv−2, 9:93−cv−15, 9:92−cv−112, 6:92−cv−28, 9:92−cv−17 for pretrial proceedings and discovery purposes; Clk will maintain Master Docket & case file; all pldgs when filed in master file will be deemed filed in ea individual case. If pldgs apply to all consol actions the caption shll state "all cases" & be filed only in master file; docs intended only to particular cases will so indicate in caption & cpys shll be provided to clk for filing & docketing both in master file & individual case. The terms of this Order shll apply automatically to actions later instituted in, removed to, or assigned to this Crt involving related claims. Discovery and Pretrial Schedule set out in Attachment B hereto. All pending motions in any case listed on Attachment A hereto are held in abeyance until further order. (cc: all counsel & pro se plaintiffs) ATTACHMENT A AMENDED 1/14/94. (MGS) Modified on 02/18/1994 (Entered: 09/28/1993)
2 ORDER by Honorable Leif B. Erickson re CV 93−2−H, Terry Langford v. Chisholm, et al: Defts' Mtn/Dismiss granted in part and denied in part, as follows: Granted on the

Case: 6:93-cv-46 As of: 07/02/2020 08:24 AM MDT 7 of 95

10/05/1993
10/13/1993 10/18/1993 12/02/1993 12/02/1993 12/02/1993 12/03/1993 12/06/1993
12/10/1993
12/10/1993 12/14/1993
12/14/1993 12/14/1993 12/14/1993 12/20/1993 12/30/1993 12/30/1993
12/30/1993 01/05/1994 01/05/1994

issue of pltf's allegations re loss of Death Row privileges; Denied on the issue of pltf's allegations re his placement in Max Security unit violates 8th Amendmnt; & Denied on the issue of pltf's allegations of violation of l4th Amendmnt rt of due process. (cc: all counsel) (MGS) (Entered: 10/07/1993)
3 ORDER by Honorable Leif B. Erickson that clk replace page 8 of Order 2 w/corrected page. (cc: all counsel, w/correct page) (page 8 also replaced in cpy of order in CV 93−2−H) (MGS) (Entered: 10/07/1993)
4 ANSWER by defendants Curt Chisholm, et al, filed in CV 93−2−H−LBE, Terry Langford vs. Chisholm, et al. (MGS) (HEG, ). (Entered: 10/25/1993)
5 REPLY by Terry A. Langford re [4−1] (MGS) (Entered: 10/25/1993)
6 MOTION by defendants to suspend discovery in CV 93−2−H−LBE, Langford vs. Chisholm, et al. (MGS) (Entered: 12/08/1993)
7 MOTION by defendants for summary judgment in CV 93−2−H−LBE, Langford vs. Chisholm, et al, w/Memorandum in suppt. (MGS) (Entered: 12/08/1993)
8 AFFIDAVIT of Constance Perrin re [7−1] (MGS) (Entered: 12/08/1993)
9 AFFIDAVIT of Mike Mahoney re [7−1] (MGS) (Entered: 12/08/1993)
10 MOTION by plaintiff Clifford T. Vielle for order that defts comply w/chemical dependency trtmnt for pltf, re CV 92−28−H−LBE , w/memorandum in suppt. (MGS) Modified on 01/24/1994 (Entered: 12/08/1993)
11 MOTION by plaintiff Terry Alan Langford for summary judgment in CV 93−2−H−LBE , w/memorandum in support. (MGS) Modified on 01/24/1994 (Entered: 12/21/1993)
12 MOTION by plaintiff Terry Alan Langford for ruling on his mtn for cnsl re CV 93−2−H−LBE. (MGS) (Entered: 01/24/1994)
13 MOTION by plaintiff James E. Ball for preliminary injunction , and/or for temporary restraining order , re CV 92−41−H−LBE and CV 92−115−GF−LBE. (MGS) (Entered: 01/04/1994)
14 MOTION by plaintiff James E. Ball for leave to file supple cmplnt in CV 92−41−H−LBE & CV 92−115−GF−LBE. (MGS) (Entered: 01/04/1994)
15 MOTION by plaintiff James E. Ball to amend/add defts in CV 92−41−H−LBE & CV 92−115−GF−LBE. (MGS) (Entered: 01/04/1994)
PROPOSED Supplemnt Complnt submitted by plaintiff James E. Ball (MGS) (Entered: 01/04/1994)
16 RESPONSE by defendants to Terry Langford's motion for summary judgment in CV 93−2−H−LBE [11−1] (MGS) (Entered: 01/24/1994)
17 MOTION by plaintiffs for leave to file 5th Amnded Cmplnt in CV 92−13−H−LBE. (MGS) Modified on 01/18/1994 (Entered: 01/04/1994)
18 MEMORANDUM/BRIEF by plaintiff William Gray, et al., in support of motion for leave to file 5th Amnded Cmplnt in CV 92−13−H−LBE. [17−1] (MGS) (Entered: 01/04/1994)
PROPOSED 5th Amnded Cmplnt submitted by plaintiff MSP Inmates re CV 92−13−H−LBE. (MGS) (Entered: 01/04/1994)
19 REPLY by plaintiff Terry Langford to response to motion for summary judgment in CV 93−2−H−LBE [11−1] (MGS) (Entered: 01/05/1994)
20 ORDER by Honorable Leif B. Erickson Case consolidated 6:93−cv−46 with member case 6:93−cv−37, Peppinger v. Autery et al, for PT proceedings & discovery purposes & subject to all orders filed therein; Attachmnt A to Case Mngmnt Order No. 1 shll be amended to include Peppinger in list of consol cases; clk shll include cpy of that Order No. 1 in pltf's cnsl's cpy of this Order. (cc: attys Sheehy, Keller, MT Defender Project & David Ohler w/cpys CMO #l as amended.) (MGS) (Entered: 01/06/1994)

Case: 6:93-cv-46 As of: 07/02/2020 08:24 AM MDT 8 of 95

01/07/1994 01/14/1994
01/14/1994
01/14/1994 01/14/1994
01/18/1994 01/20/1994 01/20/1994 01/20/1994 01/20/1994 01/21/1994 01/24/1994
01/25/1994 01/26/1994

21 MOTION/REQUEST by plaintiffs for status conference (MGS) (Entered: 01/18/1994)
22 FINDINGS OF FACT, CONCLUSIONS OF LAW & ORDER by Honorable Leif B. Erickson granting motion for leave to file 5th Amnded Cmplnt in CV 92−13−H−LBE [17−1]; terminating ptys Gray, Spotted Elk, Ritchson, John Does & Jack McCormick in that case and substituting ptys in heading of this Order; Clk shll so amnd caption of this case; action shll continue to be maintained as class action purs to Rules 23(a) & (b)(2) of FRCP; class is certified to consist of pltfs named herein & all other similarly situated MSP inmates currently @ MSP & Warm Sprngs expansion unit or who may be housed there in the future; Attchmnt A to CMO #1 shll be amnded to reflect new case caption; Clk shll sv cpys of 5th Amd Cmplnt on defts thru their cnsl Ohler & Keller, at cost of USA. Purs to Rule 23(d)(2), cnsl shll draft & submit for review w/n 10 days a stipulated ntc of the cert of this class. (cc: all counsel w/amnded Attchmnt A) (MGS) (Entered: 01/18/1994)
23 FIFTH AMENDED COMPLAINT by plaintiffs in CV 92−13−H−LBE, terminating pltfs Gray, Spotted Elk, Ritchson, John Does & deft McCormick, and adding pltfs Terry Langford, James Ball, James Peterschick, Jeff Delaphiano, Trueman Conrad, Anthel Brown, Dan Mason, Rudy Meissner, on behalf of themselves and all others presently incarcerated or who will in the future be incarcerated at the Montana State Prison, vs. Marc Racicot, Rick Day, James "Mickey" Gamble, Mike Mahoney, MT ST Dept of Corrections. (MGS) Modified on 08/08/1996 (HEG, ). (Entered: 01/18/1994)
AMENDED SUMMONS issued as to defendants re CV 92−13−H−LBE; cpys snt w/cpys Order & 5th Amd Cmplnt to attys David Ohler and P. Keith Keller, by cert mail per order. (MGS) (Entered: 01/18/1994)
24 CASE MANAGEMENT ORDER NO. 2, by Honorable Leif B. Erickson, amending Para. 2 of CMO No. 1 re Service of Documents: svc not required on indiv pro se litigants, w/exception that documents which pertain only to a particular pro se suit shll be svd on the named pro se pltf and others entitled to svc by standard practice rules; ea pro se litigant shll be svd thru his cnsl of rec on matters re the class suit or general master docket litigation. (cc: all counsel) (MGS) (Entered: 01/18/1994)
25 MOTION by defendants for order setting new discovery schedule (MGS) (Entered: 01/19/1994)
26 MOTION by plaintiff Ronald L. White for appointment of counsel, re CV 92−17−M−LBE (MGS) Modified on 01/24/1994 (Entered: 01/24/1994)
27 MEMORANDUM/BRIEF by plaintiff Ronald L. White in support of motion for appointment of counsel, re CV 92−17−M−LBE [27−1] (MGS) Modified on 01/24/1994 (Entered: 01/24/1994)
28 MOTION by plaintiff Ronald L. White for directed verdict on summary judgment, in CV 92−17−M−LBE (MGS) Modified on 01/24/1994 (Entered: 01/24/1994)
29 MOTION by plaintiff Ronald L. White for summary judgment in CV 92−17−M−LBE , w/memo in suppt. (MGS) Modified on 01/24/1994 (Entered: 01/24/1994)
30 RETURN OF SERVICE executed upon defendants Marc Racicot et al. in CV 92−13−H−LBE, on 1/19/94 (MGS) Modified on 01/24/1994 (Entered: 01/24/1994)
31 ORDER by Honorable Leif B. Erickson that Clk shll sv cpy of pltf Vielle's Mtn 10 (re CV 92−28−H−LBE) on defts' cnsl; ruling is reserved until brfing period completed & matter will be taken under advisemnt. Crt will disregard any doc rec'd frm pltf which does not have cert of svc. (cc: all counsel; cpy mtn 10 to atty Ohler.) (MGS) (Entered: 01/24/1994)
REMARK − END OF FILE FOLDER #1. (MGS) (Entered: 02/11/1994)
32 ORDER by Mag Judge Leif B. Erickson denying motion for status conference [21−1] as moot; denying motion for order setting new discovery schedule [25−1] as moot; vacating [1−1] schedule order, amended order filed this date. Liaison cnsl shll confer on issues herein & either submit stip or adv Crt by mtn if its intervention is required. Defts shll hv 20 days frm rec't of svc of 5th Amd Cmplnt to file answer or resp pldg.

Case: 6:93-cv-46 As of: 07/02/2020 08:24 AM MDT 9 of 95

01/26/1994
01/27/1994
02/01/1994 02/01/1994 02/02/1994 02/02/1994 02/02/1994 02/02/1994 02/02/1994 02/04/1994 02/07/1994 02/07/1994 02/09/1994 02/09/1994 02/10/1994 02/17/1994 02/18/1994

(cc: all counsel) (MGS) (Entered: 02/11/1994)
33 SCHEDULING ORDER Mag Judge Leif B. Erickson: pretrial order Lodged by Mar. 27, 1995; Motion filing: Feb. 27, 1995, mtns to compel disc by Feb. 8, 1995; Discovery due: Jan. 25, 1995; Status reports: Dec. 12, 1994; Pltfs i.d. expt witnesses by Oct. 25, 1994, defts by Nov. 25, 1994; cnsl for pltfs shll convene attys' conf wk of Mar. 13, 1995. SETTLEMENT DATE: Mar. 20, 1995. (cc: all counsel) (MGS) (Entered: 02/11/1994)
34 ORDER by Mag Judge Leif B. Erickson granting Terry Langford's motion for ruling on his mtn for cnsl [12−1], re CV 93−2−H−LBE; Crt appnts Palmer Hoovestal to rep pltf Terry Langford; ruling on the cross mtns for smmry jgmnt held in abeyance; cnsl shll notifyi Crt by Feb. 11, 1994 as to how he will proceed. (cc: all counsel & to Terry Langford; cpy of entire file CV 93−2−H−LBE to atty Hoovestal) (MGS) (Entered: 02/11/1994)
35 NOTICE TO THE COURT by defendants that since mtn for smmry jgmnt is stayed pending resolution of class action, they will not file brf opposing said mtn unless Crt advises otherwise. (re CV 92−17−M−LBE) (MGS) (Entered: 02/11/1994)
36 ANSWER by defendants to [23−1] (MGS) (HEG, ). (Entered: 02/11/1994)
37 ORDER by Mag Judge Leif B. Erickson that Mark J. Lopez and Edward I. Koren are admitted pro hac vice to rep pltfs. (re CV 92−13−H−LBE) (cc: all counsel; stmnts for adm fees to Lopez & Koren) (MGS) (Entered: 02/11/1994)
38 NOTICE by plaintiff James E. Ball of withdrawal of claims for declaratory and injunctive relief − re CV 92−115−GF−LBE. (MGS) (Entered: 02/11/1994)
39 NOTICE by plaintiff Jeff J. Delaphiano of withdrawal of claims for declaratory and injunctive relief − re CV 93−15−M−CCL. (MGS) (Entered: 02/11/1994)
40 NOTICE by plaintiff James E. Ball of withdrawal of claims for declaratory and injunctive relief − re CV 92−77−GF−LBE. (MGS) (Entered: 02/11/1994)
41 NOTICE by plaintiff Daniel W. Mason of withdrawal of claims for declaratory and injunctive relief − re CV 92−112−M−LBE. (MGS) (Entered: 02/11/1994)
42 RESPONSE by defendants to motion for order that defts comply w/chemical dependency trtmnt for pltf, re CV 92−28−H−LBE [10−1] (MGS) (Entered: 02/11/1994)
43 PROOF/NOTICE OF SERVICE by defendants of first interrogs & requests for production to pltfs, re CV 92−13−H−LBE. (MGS) (Entered: 02/11/1994)
44 NOTICE by Mag Judge Leif B. Erickson OF CLASS CERTIFICATION − re CV 92−13−H−LBE. (cc: all counsel) (MGS) (Entered: 02/11/1994)
45 MOTION by plaintiff Jeff J. Delaphiano for appointment of counsel, re CV 93−15−M−CCL (MGS) (Entered: 02/11/1994)
46 MEMORANDUM/BRIEF by plaintiff Jeff J. Delaphiano in support of motion for appointment of counsel, re CV 93−15−M−CCL [45−1] (MGS) (Entered: 02/11/1994)
47 NOTICE by cnsl for plaintiff Terry Alan Langford that he will supple brfs on both mtns fo S.J. by Feb. 18, 1994; & that pltf's Cmp will be amended. (re CV 93−2−H−LBE) (MGS) (Entered: 02/15/1994)
48 MOTION by plaintiff Terry Alan Langford to extend time to file supple briefing on both smmry jgmnt mtns, re CV 93−2−H−LBE. (MGS) (Entered: 02/22/1994)
49 CASE MANAGEMENT ORDER NO. 1A by Mag Judge Leif B. Erickson adding cases listed on Attchmnt A to class action certified in this Master Docket File Jan. 14, 1994 & consolidating all of said cases for PT proceedings & discovery, w/instructions re captions, separate filings, svc of documents, later filed cases & discovery. Discovery in all individual cases is suspended pending further Crt order. Pending motions in individual cases are held in abeyance until further Crt order; no mtn may be filed or renewed after this dt w/out lv of Crt. (cc: all counsel & pro se litigants) (MGS) (Entered: 02/23/1994)

Case: 6:93-cv-46 As of: 07/02/2020 08:24 AM MDT 10 of 95

02/18/1994
02/18/1994
02/24/1994 02/24/1994 02/25/1994
02/25/1994 02/28/1994 02/28/1994 03/03/1994 03/04/1994 03/04/1994 03/07/1994

50 ORDER by Mag Judge Leif B. Erickson, purs to CMO No. 1A, effective Feb. 18, 1994, Case consolidated 6:93−cv−46 with member cases 6:92−cv−64, 9:92−cv−139, 9:93−cv−17, 4:93−cv−22, 6:93−cv−26, 6:93−cv−27, 6:93−cv−36, 6:93−cv−39, 6:93−cv−40, 6:93−cv−43, 6:93−cv−49, 6:93−cv−54, 6:93−cv−55, 6:93−cv−56, 6:93−cv−61, 6:93−cv−63, 6:93−cv−65, 6:93−cv−69, 6:93−cv−71, 6:93−cv−74, 6:93−cv−75, 6:93−cv−76, 6:93−cv−77, 6:93−cv−81, 6:93−cv−82, 6:93−cv−83, 6:93−cv−84, 6:93−cv−86, 9:93−cv−121, 6:94−cv−3, 6:94−cv−6, 6:94−cv−11, 6:94−cv−12 − for pretrial proceedings under this Master Docket File, subject to all orders filed herein. (cc: all counsel & pro se litigants.) (MGS) Modified on 02/24/1994 (Entered: 02/23/1994)
MINUTES: finding the motion to suspend discovery [6−1] moot. Ruling on motion to amend/add defts in CV 92−41−H−LBE & CV 92−115−GF−LBE [15−1] is deferred Ruling on motion for leave to file supple cmplnt in CV 92−41−H−LBE & CV 92−115−GF−LBE [14−1] is deferred Ruling on motion for preliminary injunction [13−1] is deferred, Ruling on motion for temporary restraining order [13−2] is deferred Ruling on motion for summary judgment in CV 93−2−H−LBE [11−1] is deferred Ruling on motion for order that defts comply w/chemical dependency trtmnt for pltf, re CV 92−28−H−LBE [10−1] is deferred Ruling on motion for summary judgment [7−1] is deferred finding the motion to extend time to file supple briefing on both smmry jgmnt mtns, re CV 93−2−H−LBE [48−1] moot. Ruling on motion for appointment of counsel re CV 93−15−M−CCL [45−1] is deferred Ruling on motion for summary judgment in CV 92−17−M−LBE [29−1] is deferred Ruling on motion for directed verdict on summary judgment, in CV 92−17−M−LBE [28−1] is deferred Ruling on motion for appointment of counsel re CV 92−17−M−LBE [26−1] is deferred (MGS) (Entered: 03/30/1994)
51 ORDER by Mag Judge Leif B. Erickson Case consolidated 6:93−cv−46 with member case 6:94−cv−21 − Eugene B. Blaney vs. MT ST Board of Pardons et al. (cc: all counsel as shown on order) (MGS) (Entered: 02/24/1994)
52 ORDER by Mag Judge Leif B. Erickson Case consolidated 6:93−cv−46 with member case 6:94−cv−22 − Toby C. McAdam v. Gamble, et al. (cc: all counsel as shown on order) (MGS) (Entered: 02/24/1994)
53 ORDER by Mag Judge Leif B. Erickson setting Settlement Conf in Ray vs. Hill, CV 92−64−H−LBE, for April 19, 1994 @ 10:30 a.m. in Powell Cty Crthouse jury rm in Deer Lodge, MT; Conf Settlemnt Brochures due April 12, 1994. Clk shll issue Writ HC ad Test commanding MSP to transport pltf Arthur Ray to attend the Settlemnt Conf. (cc: attys Pohlman & Ohler, Clk @ Powell Cty, USM/Security, RPR's). Writ issued @ Mssla per order & snt w/appropriate cpys & USM−285 to USM, Bllgs for svc. (MGS) (Entered: 03/04/1994)
54 MOTION by plaintiff Arthur Ray for relief frm consolidation of CV 92−64−H−LBE w/ACLUCA docket (MGS) (Entered: 03/04/1994)
55 MOTION by plaintiffs Terry Langford, et al. for protective order re CV 92−13−H−LBE (MGS) (Entered: 03/04/1994)
56 MEMORANDUM/BRIEF by plaintiffs in support of motion for protective order re CV 92−13−H−LBE [55−1] (MGS) (Entered: 03/04/1994)
57 RESPONSE by defendants to motion for relief frm consolidation of CV 92−64−H−LBE w/ACLUCA docket [54−1] (MGS) (Entered: 03/04/1994)
58 MOTION by plaintiff Daniel T. Collins for relief frm consolidation of CV 93−81−H−LBE w/ACLUCA docket (MGS) Modified on 03/04/1994 (Entered: 03/04/1994)
59 MOTION by plaintiff Charles Wade Lafley for relief frm consolidation of CV 93−71−H−CCL w/ACLUCA docket (MGS) Modified on 03/04/1994 (Entered: 03/04/1994)
60 MOTION by plaintiff Anthel L. Brown for relief frm consolidation of CV 94−12−H−LBE w/ACLUCA docket (entitled "Objection to Magistrate's Findings and Order") (MGS) Modified on 03/08/1994 (Entered: 03/08/1994)

Case: 6:93-cv-46 As of: 07/02/2020 08:24 AM MDT 11 of 95

03/07/1994 03/07/1994 03/08/1994 03/08/1994 03/09/1994 03/10/1994
03/10/1994 03/10/1994 03/10/1994 03/10/1994 03/11/1994 03/14/1994 03/14/1994 03/14/1994 03/15/1994
03/16/1994 03/17/1994 03/17/1994 03/17/1994

61 RESPONSE by defendants to motion for protective order re CV 92−13−H−LBE [55−1] (captioned "Motion to Strike" mtn for protective order) (MGS) (Entered: 03/08/1994)
61 MOTION by defendants to strike mtn for protective order (MGS) (Entered: 03/15/1994)
62 MOTION by plaintiff Robert Close for relief frm consolidation of CV 93−75−H−LBE w/ACLUCA docket (MGS) (Entered: 03/09/1994)
63 MEMORANDUM/BRIEF by plaintiff Robert Close in support of motion for relief frm consolidation of CV 93−75−H−LBE w/ACLUCA docket [62−1] (MGS) (Entered: 03/09/1994)
64 REPLY by plaintiffs Terry Langford et al. to response to motion for protective order re CV 92−13−H−LBE [55−1] file delivered to: LBE/L.Clk. (MGS) (Entered: 03/10/1994)
65 SCHEDULING ORDER Mag Judge Leif B. Erickson; preliminary pretrial conference April 13, 1994 @ 2:00 p.m. in Missoula, MT; Pre−Discovery Disc Stmnt due 15 days prior to conf; Prelim PT Stmnt due 7 days prior to conf. (cc: all counsel as named on order w/PPTC Rept Forms) (MGS) (Entered: 03/11/1994)
66 RESPONSE by defendants to motion for relief frm consolidation of CV 93−71−H−CCL (LaFley) w/ACLUCA docket [59−1] (MGS) (Entered: 03/11/1994)
67 RESPONSE by defendants to motion for relief frm consolidation of CV 93−81−H−LBE (Collins) w/ACLUCA docket [58−1] (MGS) (Entered: 03/11/1994)
68 ORDER by Mag Judge Leif B. Erickson Case consolidated 6:93−cv−46 with member case 6:94−cv−25 − Eugene B. Blaney v. Sullivan, et al. (cc: all counsel as shown on order) (MGS) (Entered: 03/11/1994)
69 ORDER by Mag Judge Leif B. Erickson consolidating case 6:93−cv−46 with member case 6:94−cv−26 − Paul Gorder v. Sullivan, et al. (cc: all counsel as shown on order) (MGS) (Entered: 03/14/1994)
REMARK − END OF FILE FOLDER #2. (MGS) (Entered: 03/11/1994)
70 RETURN OF SERVICE of writ/HC ad test, filed by USM: FAX'd to James Gamble 3/4/94, cert mail rec'd by him 3/7/94 − attached to original Writ. (MGS) Modified on 03/15/1994 (Entered: 03/14/1994)
71 MOTION by plaintiff Eugene B. Blaney for appointment of counsel, re CV 94−21−H−LBE (MGS) (Entered: 03/14/1994)
72 MOTION by plaintiff Eugene B. Blaney for evidentiary hearing, re CV 94−21−H−LBE (MGS) (Entered: 03/14/1994)
73 ORDER by Mag Judge Leif B. Erickson granting motion to strike mtn for protective order [61−1] [55−1] striking motion for protective order re CV 92−13−H−LBE [55−1] w/out prejudice to renew after compliance with Local Rule 200−5(e). (cc: all counsel as shown on order) (MGS) (Entered: 03/15/1994)
74 RESPONSE by defendants to motion for relief frm consolidation of CV 93−75−H−LBE w/ACLUCA docket [62−1] (Robert Close vs. Weer et al) (MGS) (Entered: 03/22/1994)
75 RESPONSE by defendants to motion for protective order re CV 92−13−H−LBE [55−1] (Terry Langford et al vs. Racicot et al) (MGS) (Entered: 03/22/1994)
76 ORDER by Mag Judge Leif B. Erickson Case consolidated 6:93−cv−46 with member case 6:92−cv−67 − Duncan Peder McKenzie vs. Dr. William Vessie, et al. (cc: all counsel as shown on order) (MGS) (Entered: 03/22/1994)
77 ORDER by Mag Judge Leif B. Erickson Case consolidated 6:93−cv−46 with member case 6:93−cv−68 − Clyde Little Bear vs. Janet Cox, et al. (cc: all counsel as shown on order) (MGS) (Entered: 03/22/1994)

Case: 6:93-cv-46 As of: 07/02/2020 08:24 AM MDT 12 of 95

03/21/1994 03/22/1994 03/25/1994 03/25/1994 03/25/1994 03/25/1994 03/25/1994 03/25/1994 03/25/1994 03/25/1994
03/29/1994 03/29/1994 03/29/1994 03/30/1994 03/30/1994 03/30/1994 03/30/1994 03/30/1994 03/30/1994 03/30/1994

78 SCHEDULING ORDER Mag Judge Leif B. Erickson; preliminary pretrial conference reset for 11:00 4/13/94 (cc: all counsel as shown on order, USM, RPR) (MGS) (Entered: 03/22/1994)
79 PROOF/NOTICE OF SERVICE by defendants of discovery, resp to & answers to request/production & interrogs re tuberculosis − re Langford v. Racicot, CV 92−13−H−LBE. (MGS) (Entered: 03/23/1994)
80 MOTION by defendants to dismiss complnt in CV 94−25−H−CCL, Eugene Blaney vs. Sullivan et al. (MGS) (Entered: 03/30/1994)
81 RESPONSE by defendants to request for prelim inj filed in CV 94−25−H−CCL, Eugene B. Blaney. (MGS) (Entered: 03/30/1994)
82 MOTION by defendants to dismiss cmplnt filed in CV 94−26−H−CCL, Paul Gorder vs. Sullivan, et al. (MGS) (Entered: 03/30/1994)
83 RESPONSE by defendants to request for prelim inj filed in CV 94−26−H−CCL, Paul Gorder. (MGS) (Entered: 03/30/1994)
84 SCHEDULING ORDER Mag Judge Leif B. Erickson Status report: April 8, 1994 re dental care provided Jack W. Burk, re CV 93−54−H−LBE. (cc: all counsel) (MGS) (Entered: 03/30/1994)
85 SCHEDULING ORDER Mag Judge Leif B. Erickson Status reports: April 8, 1994 re dental care provided to James Dean Bingman, re CV 93−63−H−LBE. (cc: all counsel) (MGS) (Entered: 03/30/1994)
86 SCHEDULING ORDER Mag Judge Leif B. Erickson Status reports: April 8, 1994 re dental care provided to Mark Peck, re CV 93−84−H−CCL. (cc: all counsel) (MGS) (Entered: 03/30/1994)
87 SCHEDULING ORDER Mag Judge Leif B. Erickson Status reports: April 8, 1994 re dental care provided to Richard Jungers, & ordering stay imposed for exhaustion of emergency internal adm grievance proceedings to remain in efffect − re CV 93−82−H−LBE. (cc: all counsel) (MGS) (Entered: 03/30/1994)
88 ORDER by Mag Judge Leif B. Erickson Case consolidated 6:93−cv−46 with member cases 6:94−cv−29 − Wendell Gray vs. Rick Day et al. (cc: all counsel as shown on order) (MGS) (Entered: 03/30/1994)
89 ORDER by Mag Judge Leif B. Erickson denying motion for relief frm consolidation of CV 92−64−H−LBE w/ACLUCA docket [54−1] (Arthur Ray) (cc: all counsel as shown on order) (MGS) (Entered: 03/30/1994)
90 PREDISCOVERY DISCLOSURE STATEMENT by plaintiffs Terry Langford et al, re CV 92−13−H−LBE. (MGS) (Entered: 03/30/1994)
91 MOTION by plaintiff Paul Gorder for entry of default as to defendants, in CV 94−26−H. (MGS) (Entered: 03/30/1994)
92 AFFIDAVIT of Paul Gorder re [91−1] (MGS) (Entered: 03/30/1994)
93 REPLY by plaintiff Paul Gorder to response to request for prelim inj filed in CV 94−26−H. Ind file delivered to: LBE/L.Clk. (MGS) (Entered: 03/30/1994)
94 ORDER by Mag Judge Leif B. Erickson denying Trueman Conrad's motion for acceptance of Jim Thompson as litigator (in CV 93−36−H) (cc: all counsel) (MGS) (Entered: 03/30/1994)
95 ORDER by Mag Judge Leif B. Erickson denying Trueman Conrad's motion to amend his complaint in CV 93−36−H (filed in individual file) (cc: all counsel, as shown on order) (MGS) (Entered: 04/05/1994)
96 PREDISCOVERY DISCLOSURE STATEMENT by defendants re CV 92−13−H−LBE. (MGS) (Entered: 04/05/1994)
97 PRELIMINARY PRETRIAL STATEMENT by defendants re CV 92−13−H−LBE. (MGS) (HEG, ). (Entered: 04/05/1994)

Case: 6:93-cv-46 As of: 07/02/2020 08:24 AM MDT 13 of 95

03/30/1994 03/30/1994 03/30/1994 03/30/1994 03/31/1994 03/31/1994
03/31/1994 03/31/1994 03/31/1994
03/31/1994
03/31/1994
03/31/1994 03/31/1994 03/31/1994 03/31/1994 03/31/1994

98 STATUS REPORT by defendants re CV 93−82−H−LBE in resp to 87 − Dental Care/Richard Jungers. (MGS) Modified on 04/05/1994 (Entered: 04/05/1994)
99 STATUS REPORT by defendants re CV 93−84−H−LBE in resp to 86 − Dental Care/Mark Peck. (MGS) Modified on 04/05/1994 (Entered: 04/05/1994)
100 STATUS REPORT by defendants re CV 93−63−H−LBE, in resp to 85 − Dental Care/James Dean Bingman. (MGS) Modified on 04/05/1994 (Entered: 04/05/1994)
101 STATUS REPORT by defendants re CV 93−54−H−LBE in resp to 84 − Dental Care/Jack W. Burk. (MGS) Modified on 04/05/1994 (Entered: 04/05/1994)
102 ORDER by Mag Judge Leif B. Erickson denying defts' mtn to hold in abeyance or to dismiss & pltf James Peterschick's mtn for discovery and to amend complaint in CV 93−39−H−LBE, filed in individual file. (cc: all counsel, as shown on order) (MGS) (Entered: 04/05/1994)
103 ORDER by Mag Judge Leif B. Erickson denying pltf James Ball's motions for appntmnt of cnsl, to compel production of med records, to compel answers to interrogs, for protective order, & the 2 mtns to file supple cmpt, motion for leave to file supple cmplnt in CV 92−41−H−LBE & CV 92−115−GF−LBE [14−1], denying motion to amend/add defts in CV 92−41−H−LBE & CV 92−115−GF−LBE [15−1]; and denying defts' mtns for more def stmnt, to compel answers to disc requests & for ext of time to file mtns − filed in individual files CV 92−77−GF & CV 92−115−GF. (cc: all counsel, as shown on order.) (MGS) (Entered: 04/05/1994)
104 ORDER by Mag Judge Leif B. Erickson denying pltf Clifford Vielle's mtns for appntmnt of cnsl & to compel, filed in individual file CV 92−28−H−LBE. (cc: all counsel, as shown on order.) (MGS) (Entered: 04/05/1994)
105 ORDER by Mag Judge Leif B. Erickson denying pltf Daniel Mason's mtns for appntmnt of cnsl & to amend cmplnt, filed in individual file CV 92−112−M−LBE. (cc: all counsel, as shown on order.) (MGS) (Entered: 04/05/1994)
106 ORDER by Mag Judge Leif B. Erickson denying pltfs' Jim Thompson, James Bingman & Daniel Collins' request for emergency medical supervision & request for physicals & exams of listed inmates, w/out prejudice & w/lv to refile at conclusion of class lititgation in CV 92−13−H−LBE − filed in individual file CV 93−56−H−LBE. (cc: all counsel, as shown on order) (MGS) (Entered: 04/05/1994)
107 ORDER by Mag Judge Leif B. Erickson denying pltf Jim Thompson & James Bingman's mtn for immediate federal injunction & supervisory control, w/out prejudice & w/lv to refile at conclusion of class litigation in CV 92−13−H−LBE − filed in individual file CV 93−40−H−LBE. (cc: all counsel, as shown on order) (MGS) (Entered: 04/05/1994)
108 ORDER by Mag Judge Leif B. Erickson denying pltfs Jim Thompson, James Bingman & Daniel Collins' mtn for priority as moot; and granting their mtn for jury trial re claims for damages allowed by statute, denying re equitable relief sought − all filed in individual file CV 93−56−H−LBE. (cc: all counsel, as shown on order) (MGS) (Entered: 04/05/1994)
109 FINDINGS & RECOMMENDATION by Mag Judge Leif B. Erickson entered in CV 93−17−M−CCL, recommending pltfs Mickey Hansen et al mtn for Prelim Inj be denied w/out prejudice & w/lv to refile. (MGS) (Entered: 04/05/1994)
110 ORDER by Mag Judge Leif B. Erickson denying pltf James Larson's mtn for entry of default, filed in individual file CV 93−27−H−LBE. (cc: all counsel, as shown on order) (MGS) (Entered: 04/05/1994)
111 REPLY by plaintiff Eugene B. Blaney to response 81 (mtn filed in individual file CV 94−25−H−LBE) (MGS) (Entered: 04/05/1994)
112 RESPONSE by plaintiff Paul Gorder to motion to dismiss cmplnt filed in CV 94−26−H−CCL, Paul Gorder vs. Sullivan, et al. [82−1] (MGS) (Entered: 04/05/1994)
113 MOTION by plaintiff Paul Gorder for appointment of counsel, re CV 94−26−H−LBE , w/memo in suppt. (MGS) (Entered: 04/05/1994)

Case: 6:93-cv-46 As of: 07/02/2020 08:24 AM MDT 14 of 95

03/31/1994 04/01/1994 04/01/1994 04/04/1994 04/05/1994 04/13/1994
04/13/1994 04/13/1994 04/13/1994 04/13/1994 04/13/1994 04/13/1994
04/13/1994
04/14/1994 04/15/1994 04/15/1994
04/15/1994

114 RESPONSE by plaintiff Eugene B. Blaney to motion to dismiss complnt in CV 94−25−H−CCL, Eugene Blaney vs. Sullivan et al. [80−1] (MGS) (Entered: 04/05/1994)
115 STATUS REPORT by plaintiff Jack W. Burk re 84 & [101−1] (MGS) (Entered: 04/05/1994)
116 PRELIMINARY PRETRIAL STATEMENT by plaintiffs Terry Langford et al, re CV 92−13−H−LBE. (MGS) (Entered: 04/05/1994)
117 RESPONSE by defendants toPaul Gorder's motion for entry of default as to defendants, in CV 94−26−H. [91−1] (MGS) (Entered: 04/05/1994)
118 STATUS REPORT by plaintiff James Dean Bingman re 85 & [100−1] (MGS) (Entered: 04/05/1994)
119 ORDER by Mag Judge Leif B. Erickson entered in Merrick v. Autry et al., CV 93−77−H−LBE, denying mtn to take out of abeyance, denying mtn for PTC; matter shll remain in abeyance until pltf has completed grievance process. (cc: all counsel, as shown on order) (MGS) (Entered: 04/14/1994)
120 ORDER by Mag Judge Leif B. Erickson entered in Delaphiano & Van Pelt vs. Chisholm, et al., CV 93−15−M−LBE, denying defts' mtn to dismiss, w/leave to refile. (cc: all counsel, as shown on order) (MGS) (Entered: 04/14/1994)
121 ORDER by Mag Judge Leif B. Erickson entered in Ball vs. McCormick, CV 93−22−GF−LBE, denying defts' mtn to dismiss, w/leave to refile. (cc: all counsel, as shown on order.) (MGS) (Entered: 04/14/1994)
122 ORDER by Mag Judge Leif B. Erickson entered in Thompson & Bingman v. Dept of Corrections, CV 93−40−H−LBE, denying defts' mtn to dismiss, w/leave to refile. (cc: all counsel, as shown on order) (MGS) (Entered: 04/14/1994)
123 ORDER by Mag Judge Leif B. Erickson entered in Birthmark v. Dept of Corrections, CV 93−20−H−LBE, denying defts' mtn to dismiss, w/leave to refile. (cc: all counsel, as shown on order) (MGS) (Entered: 04/14/1994)
REMARK − END OF FILE FOLDER #3. (MGS) (Entered: 04/14/1994)
124 ORDER by Mag Judge Leif B. Erickson entered in Hansen et al. vs. Board of Pardons, CV 93−17−M−CCL, ordering pltf Robbins to notify the Crt of his new address w/n 10 days; failure shll result in rec of dismissal. (cc: as shown on order) (MGS) (Entered: 04/14/1994)
125 FINDINGS 7 RECOMMENDATION by Mag Judge Leif B. Erickson entered re Hansen et al. vs. Board of Pardons, CV 93−17−M−CCL, recommending defts' mtn to dismiss or for more definite stmnt be denied, w/leave to refile. (cc: as shown on order ) (MGS) (Entered: 04/14/1994)
126 ORDER by Mag Judge Leif B. Erickson consolidating case 6:93−cv−46 with member cases 6:94−cv−31 − Patrick Welliver v. Sullivan, et al. (cc: all counsel, as shown on order) (MGS) (Entered: 04/14/1994)
127 REPLY by plaintiff Paul Gorder to response to motion for entry of default as to defendants, in CV 94−26−H. [91−1] Ind. file given to LBE/L.Clk. (MGS) (Entered: 04/15/1994)
128 SCHEDULING ORDER Mag Judge Leif B. Erickson − entered re Langford et al. v. Racicot et al., CV 92−13−H−LBE: preliminay pretrial conf held on 4/13/94 ; Motion filing ddl: (to compel discovery) 12/9/94 ; pretrial order lodged by 1/25/95 ; final pretrial conference set for 2:00 2/8/95 ; non−jury trial 2/13/95 @ 9:00 a.m. in Butte; Motion filing: 12/30/94; Discovery due: 11/25/94; Status reports: 10/11/94; pltf i.d. expert witnesses by 8/25/94, defts by 9/26/94; attys' conf wk of 1/16/95. Proposed Findings of Fact & Conclusions of Law due by 2/3/95. SETTLEMENT DATE: 01/18/95. (cc: all counsel, as shown on order; & to USM, RPR, Clk in Butte) (MGS) Modified on 04/18/1994 (Entered: 04/18/1994)
129 ORDER by Mag Judge Leif B. Erickson entered re Langford et al. v. Racicot et al., CV 92−13−H−LBE: appointing MARY ANN SUTTON case manager for this

Case: 6:93-cv-46 As of: 07/02/2020 08:24 AM MDT 15 of 95

04/18/1994 04/18/1994 04/18/1994 04/18/1994 04/19/1994
04/19/1994 04/19/1994 04/20/1994 04/20/1994 04/20/1994 04/20/1994 04/20/1994 04/20/1994 04/21/1994
04/21/1994 04/26/1994

litigation; case management ddl: cnsl shll attend managemnt conf set for 9:00 on 5/16/94 in Missoula. (cc: all counsel & USM) (MGS) Modified on 04/18/1994 (Entered: 04/18/1994)
130 CASE MANAGER REPORT re Langford et al. v. Racicot et al., CV 92−13−H−LBE − filed by case mgr Mary Ann Sutton. (cpys to all cnsl as shown on report) (MGS) (Entered: 04/18/1994)
131 ORDER by Mag Judge Leif B. Erickson denying Charles Wade Lafley's motion for relief frm consolidation of CV 93−71−H−CCL w/ACLUCA docket [59−1] (cc: all counsel) (MGS) (Entered: 04/19/1994)
132 ORDER by Mag Judge Leif B. Erickson denying Daniel T. Collins' motion for relief frm consolidation of CV 93−81−H−LBE w/ACLUCA docket [58−1] in 6:93−cv−00046 (cc: all counsel) (MGS) (Entered: 04/19/1994)
133 MOTION by plaintiff Thomas F. Klooz in 6:93−cv−00043 to lift discovery stay (opposed); and for settlement conference (unopposed) (MGS) (Entered: 04/19/1994)
MINUTES: Settlement Conference before Mag Judge Leif B. Erickson at Powell Cty Crthouse in Deer Lodge, MT. Present were attys Ohler, Brandborg & Pohlman, Pltf Ray, Deft Gamble no clk nor rptr present. (MGS) Modified on 04/21/1994 (Entered: 04/21/1994)
134 ORDER by Mag Judge Leif B. Erickson Case consolidated 6:93−cv−46 with member cases 6:94−cv−33 − Shawn Clawson and Dominic Puliafico vs. Rick Day, et al. (cc: all counsel, as shown on order) (MGS) (Entered: 04/21/1994)
135 ORDER by Mag Judge Leif B. Erickson Case consolidated 6:93−cv−46 with member cases 6:94−cv−34 − Daniel Orozco vs. Rick Day, et al. (cc: all counsel, as shown on order) (MGS) (Entered: 04/21/1994)
136 SCHEDULING ORDER Mag Judge Leif B. Erickson Supplemental Status Reports re dental treatment for James Dean Bingman, CV 93−63−H−LBE: May 20, 1994 (cc: all counsel) (MGS) (Entered: 04/22/1994)
137 SCHEDULING ORDER Mag Judge Leif B. Erickson Supplemental Status Reports re dental treatment for Jack W. Burk, CV 93−54−H−LBE: May 20, l994 (cc: all counsel) (MGS) (Entered: 04/22/1994)
138 SCHEDULING ORDER Mag Judge Leif B. Erickson Supplemental Status Reports re dental treatment for Mark Peck, CV 93−84−H−LBE: May 20, l994 (cc: all counsel) (MGS) (Entered: 04/22/1994)
139 SCHEDULING ORDER Mag Judge Leif B. Erickson Status reports re dental treatment, CV 93−82−H−LBE: frm Pltff Richard Jungers by May 4, l994, defts' 10 days thereafter. (cc: all counsel) (MGS) (Entered: 04/22/1994)
140 SCHEDULING ORDER Mag Judge Leif B. Erickson Status reports re dental care for Toby C. McAdam, CV 94−22−H−LBE: May 4, 1994 (cc: all counsel) (MGS) (Entered: 04/22/1994)
141 ORDER by Mag Judge Leif B. Erickson Case consolidated 6:93−cv−46 with member cases 6:94−cv−35, John Byrne v. Sullivan et al. (cc: all counsel, as shown on order) (MGS) (Entered: 04/22/1994)
142 ORDER by Mag Judge Leif B. Erickson denying Robert Close's motion for relief frm consolidation of CV 93−75−H−LBE w/ACLUCA docket [62−1] and granting his motion to waive Rule 200−5 provisions, Prediscovery Disclosure. (cc: all counsel) (MGS) (Entered: 04/25/1994)
143 SCHEDULING ORDER Mag Judge Leif B. Erickson re CV 93−75−H−LBE, Close v. Weer, et al: Motion filing ddl: July 8, 1994; Discovery due: May 23, 1994, responses due by June 23, 1994. (cc: all counsel) (MGS) (Entered: 04/25/1994)
144 RESPONSE by defendants P. A. Sullivan et al. to Patrick Welliver's request for injunctive relief in CV 94−31−H−CCL. (MGS) (Entered: 04/28/1994)

Case: 6:93-cv-46 As of: 07/02/2020 08:24 AM MDT 16 of 95

04/28/1994 04/28/1994 04/29/1994 05/02/1994 05/02/1994 05/02/1994
05/02/1994 05/02/1994 05/02/1994
05/02/1994
05/02/1994 05/05/1994 05/05/1994 05/06/1994 05/09/1994 05/10/1994 05/11/1994 05/11/1994

145 STATUS REPORT by plaintiff Richard Duke Jungers in resp to Order 139 re dental care, in CV 93−82−H−LBE. (MGS) (Entered: 04/28/1994)
146 ORDER by Mag Judge Leif B. Erickson Case consolidated 6:93−cv−46 with member cases 6:94−cv−1, William C. Bigby v. Jack McCormick, et al. (cc: all counsel, as shown on order) (MGS) (Entered: 04/28/1994)
147 MOTION by plaintiff Robert Close for ruling on his mtn to order defts to produce discovery, filed 1/25/94 in CV 93−75−H−LBE (MGS) (Entered: 05/02/1994)
148 ORDER by Mag Judge Leif B. Erickson denying request for preliminary injunctive relief contained in complaint filed in CV 94−25−H−LBE, Blaney vs. Sullivan, et al. (cc: counsel as shown on order) (MGS) (Entered: 05/04/1994)
149 ORDER by Mag Judge Leif B. Erickson denying motion to dismiss complnt in CV 94−25−H−CCL, Eugene Blaney vs. Sullivan et al. [80−1], w/out prejudice. (cc: counsel as shown on order) (MGS) (Entered: 05/04/1994)
150 ORDER by Mag Judge Leif B. Erickson that Blaney vs. Sullivan, CV 94−25−H−LBE, is held in abeyance for 30 days or until Pltf has exhausted emergency internal grievance procedure purs to MSP Policy 14−003; Pltf shll so ntfy Crt & shall attch to ntc cpys of grievance forms. (cc: counsel as shown on order) (MGS) (Entered: 05/04/1994)
151 ORDER by Mag Judge Leif B. Erickson denying request for prelim injunctive relief contained in complaint of Paul Gorder, CV 94−26−H−LBE. (cc: counsel as shown on order) (MGS) (Entered: 05/04/1994)
152 ORDER by Mag Judge Leif B. Erickson denying motion to dismiss cmplnt filed in CV 94−26−H−CCL, Paul Gorder vs. Sullivan, et al. [82−1], w/out prejudice. (cc: counsel as shown on order) (MGS) (Entered: 05/04/1994)
153 ORDER by Mag Judge Leif B. Erickson denying motion for entry of default as to defendants, in CV 94−26−H. [91−1] denying pltf Paul Gorder's motion for appointment of counsel, re CV 94−26−H−LBE [113−1] (cc: counsel as shown on order) (MGS) (Entered: 05/04/1994)
154 ORDER by Mag Judge Leif B. Erickson that CV 94−26−H−LBE is held in abeyance for 30 days or until pltf Paul Gorder exhausts emergency internal grievance procedure purs to MSP Policy 14−003;; pltf shll so ntfy Crt & shll attch to ntc cpys of grievance forms. (cc: counsel as shown on order) (MGS) (Entered: 05/04/1994)
155 STATUS REPORT by plaintiff Toby Carl McAdam re dental care, in CV 94−22−H−LBE. (MGS) (Entered: 05/04/1994)
156 RESPONSE by defendants to request for preliminary injunction contained in complaint of Shawn Clawson & Dominic Puliafico in CV 94−33−H−CCL. (MGS) (Entered: 05/06/1994)
157 RESPONSE by defendants to request for injunctive relief contained in complaint of Daniel Orozco, CV 94−34−H−CCL. (MGS) (Entered: 05/06/1994)
158 STATUS REPORT by defendants in response to Order 140 , re dental care for Toby McAdam, CV 94−22−H−LBE. (MGS) (Entered: 05/09/1994)
159 RESPONSE by defendants to request for preliminary injunction contained in complaint of John Byrne, CV 94−35−H−CCL. (MGS) Modified on 05/10/1994 (Entered: 05/10/1994)
160 STATUS REPORT by plaintiff Jack W. Burk re dental care, in CV 93−54−H−LBE. (MGS) (Entered: 05/10/1994)
161 PROOF/NOTICE OF SERVICE by defendants of responses to pltfs' first requests for production in CV 92−13−H−LBE. (MGS) Modified on 05/20/1994 (Entered: 05/20/1994)
162 PROOF/NOTICE OF SERVICE by defendants of responses to pltfs' first set of interrogs, in CV 92−13−H−LBE. (MGS) (Entered: 05/20/1994)

Case: 6:93-cv-46 As of: 07/02/2020 08:24 AM MDT 17 of 95

05/11/1994 05/11/1994
05/12/1994
05/12/1994
05/12/1994 05/12/1994 05/12/1994 05/13/1994 05/17/1994 05/18/1994 05/19/1994 05/19/1994
05/20/1994 05/23/1994 05/23/1994 05/24/1994 05/24/1994 05/25/1994
05/27/1994 05/31/1994
05/31/1994
05/31/1994

163 ATTORNEY APPEARANCE for defendants by Kimberly A. Kradolfer (MGS) (Entered: 05/20/1994)
164 BRIEF IN SUPPT OF DEFTS' OBJECTIONS TO PLTFS' FIRST REQUESTS FOR PRODUCTION FILED by defendants in Langford v. Racicot, CV 92−13−H−LBE. (MGS) (Entered: 05/20/1994)
165 ORDER by Mag Judge Leif B. Erickson denying pltf Thomas Klooz's motion to lift discovery stay as to over−the−counter med policy, and otherwise granting [133−1], and granting motion for settlement conference [133−2] − re CV 93−43−H−LBE. (cc: all counsel, as shown on order) (MGS) (Entered: 05/20/1994)
166 SCHEDULING ORDER Mag Judge Leif B. Erickson ; settlement conference in Thomas Klooz v. McCormick, CV 93−43−H−LBE, set for 10:00 6/29/94 in Missoula. (cc: all counsel as shown on order) (MGS) (Entered: 05/23/1994)
167 STATUS REPORT by defendants re dental care of Mark Peck, re CV 93−84−H−LBE (MGS) (Entered: 05/23/1994)
168 STATUS REPORT by defendants re dental care of James Dean Bingman, re CV 93−63−H−LBE (MGS) (Entered: 05/23/1994)
169 STATUS REPORT by defendants re dental care of Jack Burk, re CV 93−54−H−LBE (MGS) (Entered: 05/23/1994)
170 REPLY by plaintiff Shawn Clawson, plaintiff Dominic Puliafico to response to request for prelim inj, in CV 94−33−H−LBE. (MGS) (Entered: 05/23/1994)
171 RESPONSE by plaintiff Paul David Gorder to [154−1] (MGS) (Entered: 05/23/1994)
172 RESPONSE by plaintiff Jack W. Burk to [169−1] (MGS) (Entered: 05/23/1994)
173 RESPONSE by defendants to [171−1] (MGS) (Entered: 05/23/1994)
174 ORDER by Mag Judge Leif B. Erickson Case consolidated 6:93−cv−46 with member cases 6:94−cv−38 , Gregory K. Maxwell vs. Paul Hawkins et al. (cc: all counsel as shown on order) (MGS) (Entered: 05/23/1994)
175 REPLY by plaintiff John Byrne to response to request for prelim inj 159 , in CV 94−35−H−LBE (MGS) (Entered: 05/23/1994)
176 STATUS REPORT re dental care and MOTION by plaintiff James Dean Bingman for settlement hearing in CV 93−63−H−LBE (MGS) (Entered: 05/23/1994)
REMARK − END OF FILE FOLDER #4. (MGS) (Entered: 05/24/1994)
177 MOTION by plaintiff Robert Close to amend complaint in CV 93−75−H−LBE − by replacing John Does w/their correct names. (MGS) (Entered: 05/24/1994)
178 MOTION by plaintiff Daniel W. Mason to lift discovery stay , and to set date for settlement conference in CV 93−61−H−LBE (MGS) (Entered: 05/24/1994)
179 NOTICE by plaintiff Eugene B. Blaney of exhaustion of MSP grievance procedure, w/attached cpy of grievance form − file No. CV 94−25−H−CCL to LBE/L.Clk. (MGS) (Entered: 05/26/1994)
180 REPLY by plaintiff Patrick Welliver to response to request for prelim inj 144 , in CV 94−31−H−LBE. (MGS) (Entered: 06/01/1994)
181 ORDER by Mag Judge Leif B. Erickson that pltf Eugene B. Blaney file written rept of progress of his grievance procedure no later than 30 days frm dt hereof, re CV 94−25−H−LBE. (cc: all counsel, as shown on order) (MGS) (Entered: 06/01/1994)
182 ORDER by Mag Judge Leif B. Erickson denying pltf William Bigby's motion for appointment of counsel in CV 94−1−H−LBE. (cc: all counsel, as shown on order) (MGS) (Entered: 06/02/1994)
183 ORDER by Mag Judge Leif B. Erickson granting plaintiff William Merrick add'l 10 days to notify Crt of status of his grievance process, in CV 93−77−H−LBE. (cc: all counsel as shown on order) (MGS) (Entered: 06/02/1994)

Case: 6:93-cv-46 As of: 07/02/2020 08:24 AM MDT 18 of 95

05/31/1994
05/31/1994 06/02/1994 06/02/1994 06/02/1994 06/02/1994 06/03/1994
06/03/1994 06/03/1994 06/07/1994 06/07/1994 06/09/1994 06/14/1994 06/14/1994 06/15/1994 06/20/1994 06/20/1994 06/23/1994 06/23/1994

184 ORDER by Mag Judge Leif B. Erickson that pltf Paul Gorder shll notify Crt when he has completed emergency grievance process in CV 94−26−H−LBE, & that matter held in abeyance for 30 days. (cc: all counsel as shown on order) (MGS) (Entered: 06/02/1994)
185 MOTION by plaintiff Dominic Puliafico for protective order, re CV 94−33−H−LBE (MGS) (Entered: 06/02/1994)
188 ORDER by Judge Charles C. Lovell that defts' Motion to Dismiss or For More Def Stmnt in Hansen et al. v. Bd of Pardons, CV 93−17−M, is denied, w/out prejudice & w/lv to refile. (cc: all counsel) (MGS) (Entered: 06/20/1994)
189 ORDER by Judge Charles C. Lovell dismissing pltf Kenneth Robbins frm CV 93−17−M, Hansen et al. v. Bd of Pardons. (cc: all counsel) (MGS) (Entered: 06/20/1994)
186 ORDER by Mag Judge Leif B. Erickson Case consolidated 6:93−cv−46 with member cases 6:94−cv−44 , Thomas Raymond Dahl vs. MT ST Dept of Corrections & Human Svcs et al. (cc: (MGS) (Entered: 06/02/1994)
187 CASE MANAGER REPORT NO. 2 re Langford et al. v. Racicot et al., CV 92−13−H−LBE − filed by case mgr Mary Ann Sutton. (cpys to all cnsl as shown on report) (MGS) (Entered: 06/03/1994)
190 ORDER by Mag Judge Leif B. Erickson re Langford v. Racicot, CV 92−13−H−LBE, that pltfs may inspect inmate admn files, incl but not ltd to medical & psychological files of former inmates at MSP who are non−class members for pd of 5 yrs bef class designation or to 1/14/94. (cc: all counsel) (MGS) Modified on 06/20/1994 (Entered: 06/06/1994)
191 CONFIDENTIALITY AND RECORDS PRESERVATION/PROTECTIVE ORDER by Mag Judge Leif B. Erickson re Langford v. Racicot, CV 92−13−H−LBE. (cc: all counsel) (MGS) Modified on 06/20/1994 (Entered: 06/06/1994)
192 MOTION by plaintiff Daniel Orozco for protective order re CV 94−34−H−LBE , w/memo in support. (MGS) Modified on 06/20/1994 (Entered: 06/06/1994)
193 RESPONSE by defendants to Request for Injunctive Relief in Maxwell v. Hawkins, CV 94−38−H−CCL. (MGS) Modified on 06/20/1994 (Entered: 06/08/1994)
194 RESPONSE by defendants to motion for protective order re CV 94−34−H−LBE [190−1] − Daniel Orozco v. Day et al. (MGS) Modified on 06/20/1994 (Entered: 06/08/1994)
195 MOTION by plaintiff Daniel Orozco for injunctive relief by default, re CV 94−34−H−LBE (MGS) (Entered: 06/20/1994)
196 REPLY by plaintiff Daniel Orozco to response to motion for protective order re CV 94−34−H−LBE [192−1], w/attached affidavits of Orozco, Danny Arledge & Dave Lanning. Individual file delivered to: LBE/L.Clk. (MGS) (Entered: 06/20/1994)
197 PROOF/NOTICE OF SERVICE by defendants of 2nd Requests for Production of Documents to Pltfs Terry Langford et al. re CV 92−13−H−LBE. (MGS) (Entered: 06/20/1994)
198 MOTION by defendants to reset Settlemnt Conf in CV 93−43−H−LBE, Tom Klooz v. McCormick, et al; to 2:00 p.m. 6/29/94. (MGS) (Entered: 06/20/1994)
199 ORDER by Mag Judge Leif B. Erickson granting motion to McCormick, et al; to 2:00 p.m. 6/29/94. [198−1] (cc: all counsel) (MGS) (Entered: 06/21/1994)
200 CASE MANAGER REPORT NO. 3, filed by Mary Ann Sutton. (Cpys (MGS) (Entered: 06/21/1994)
201 DISCOVERY NOTICE by defendants filed in CV 93−75−H − responses to disc requests svd on pltf Robert Close this dt. (MGS) (Entered: 06/24/1994)
202 ORDER by Mag Judge Leif B. Erickson Case consolidated 6:93−cv−46 with member cases 6:94−cv−51, Robert Lee Bridendolph vs. MT ST Dept of Corrections et al. (cc: all counsel, as shown on order) (MGS) (Entered: 06/24/1994)

Case: 6:93-cv-46 As of: 07/02/2020 08:24 AM MDT 19 of 95

06/26/1994 07/01/1994 07/01/1994 07/01/1994 07/06/1994 07/12/1994 07/12/1994 07/12/1994 07/12/1994 07/19/1994 07/19/1994 07/28/1994 07/28/1994 07/28/1994 07/28/1994 07/28/1994
07/28/1994 07/28/1994 08/01/1994

203 OBJECTIONS by plaintiff Charles P. Van Pelt Jr. to [120−1] w/attached Affidavit in Support, re CV 93−15−M−LBE (brown expando file w/supporting documentation w/that file) (MGS) (Entered: 07/08/1994)
204 ATTORNEY APPEARANCE for defendants by Lois H. Adams w/David L. Ohler, re CV 94−51−H−CCL. (MGS) (Entered: 07/19/1994)
205 NOTICE by defendants of appearance by Lois Adams & David L. Ohler, re CV 94−44−H−CCL. (MGS) (Entered: 07/19/1994)
206 ORDER by Mag Judge Leif B. Erickson dismissing CV 93−77−H−LBE, William Merrick vs. Autry, et al. (cc: all counsel) (MGS) (Entered: 07/19/1994)
207 ORDER by Mag Judge Leif B. Erickson denying motion for prelim injunction filed by pltfs Mickey Hansen et al. in CV 93−17−M−LBE. (cc: all counsel) (MGS) (Entered: 07/19/1994)
208 MOTION by plaintiff Robert Close for ruling on motion for discovery filed in CV 93−75−H−CCL (MGS) (Entered: 07/19/1994)
209 ORDER by Mag Judge Leif B. Erickson that pltf Eugene Blaney has add'l l0 days to ntfy Crt re his exhaustion of appeal procedures of MSP's internal grievance process, in CV 94−25−H−LBE. (cc: counsel as shown on order) (MGS) (Entered: 07/19/1994)
210 ORDER by Mag Judge Leif B. Erickson denying pltf John Byrne's request for prelim inj relief, in CV 94−35−H−CCL. (cc: counsel as shown on order) (MGS) (Entered: 07/19/1994)
212 ORDER by Mag Judge Leif B. Erickson denying pltf Patrick Welliver's request for prelim inj relief, in CV 94−31−H−CCL. (cc: counsel as shown on order) (MGS) (Entered: 07/19/1994)
211 ORDER by Mag Judge Leif B. Erickson denying pltf Wendell Gray's request for prelim inj relief, in CV 94−29−H−CCL. (cc: counsel as shown on order) (MGS) (Entered: 07/19/1994)
213 RESPONSE by defendants to motion for ruling on motion for discovery filed in CV 93−75−H−CCL [208−1] (MGS) (Entered: 07/21/1994)
214 ORDER by Mag Judge Leif B. Erickson that ltr frm pltf Clifford T. Vielle re CV 92−28−H−LBE is deemed to be a motion to share discovery and is denied, w/out prejudice. (cc: all counsel, as shown on order) (MGS) (Entered: 08/12/1994)
215 ORDER by Mag Judge Leif B. Erickson denying motion to lift discovery stay [178−1], denying motion to set date for settlement conference in CV 93−61−H−LBE [178−2] (cc: all counsel, as shown on order) (MGS) (Entered: 08/12/1994)
216 ORDER by Mag Judge Leif B. Erickson Case consolidated 6:93−cv−46 with member cases 6:94−cv−60, James A. Godfrey vs. Rick day, et al. (cc: all counsel, as shown on order) (MGS) (Entered: 08/12/1994)
217 ORDER by Mag Judge Leif B. Erickson Case consolidated 6:93−cv−46 with member cases 6:94−cv−61, Patrick Tye vs. Rick Day, et al. (cc: all counsel, as shown on order.) (MGS) (Entered: 08/12/1994)
218 ORDER by Mag Judge Leif B. Erickson re Gorder vs. Sullivan, et al., CV 94−26−H−LBE, holding that matter in abeyance until pltf notifies Crt of exhaustion of emergency grievance appeal process. (cc: all counsel, as shown on order.) (MGS) (Entered: 08/12/1994)
219 ORDER by Mag Judge Leif B. Erickson denying request for prelim injunctive relief in Clawson & Puliafico vs. Rick Day, et al., CV 94−33−H−LBE. (cc: all counsel, as shown on order.) (MGS) (Entered: 08/12/1994)
220 ORDER by Mag Judge Leif B. Erickson denying motion for protective order, re CV 94−33−H−LBE [185−1] (cc: all counsel, as shown on order.) (MGS) (Entered: 08/12/1994)
221 ORDER by Mag Judge Leif B. Erickson denying pltf's request for TRO in Gregory Maxwell vs. Hawkins, et al., CV 94−38−H−LBE. (cc: all counsel, as shown on order.)

Case: 6:93-cv-46 As of: 07/02/2020 08:24 AM MDT 20 of 95

08/01/1994
08/01/1994 08/03/1994 08/03/1994 08/05/1994 08/05/1994 08/08/1994
08/09/1994 08/10/1994
08/22/1994 08/22/1994 08/22/1994 08/23/1994 08/23/1994 09/08/1994
09/09/1994 09/12/1994

(MGS) (Entered: 08/12/1994)
222 ORDER by Mag Judge Leif B. Erickson denying pltf Daniel Orozco's request for prelim injunctive relief and denying motion for injunctive relief by default, re CV 94−34−H−LBE [195−1] (cc: all counsel, as shown on order.) (MGS) (Entered: 08/12/1994)
223 ORDER by Mag Judge Leif B. Erickson denying pltf Daniel Orozco's motion for protective order & request for costs, re CV 94−34−H−LBE [192−1] (cc: all counsel, as shown on order.) (MGS) (Entered: 08/12/1994)
224 ORDER by Mag Judge Leif B. Erickson Case consolidated 6:93−cv−46 with member cases 6:94−cv−63, Steven Grady Phillips vs. Gamble, et al. (cc: all counsel, as shown on order.) (MGS) (Entered: 08/12/1994)
REMARK − END OF FILE FOLDER NO. 5. (MGS) (Entered: 08/12/1994)
225 ORDER by Mag Judge Leif B. Erickson Case consolidated 6:93−cv−46 with member cases 6:94−cv−64, Jack W. Burk vs. Pete McPhail, et al. (cc: all counsel, as shown on order.) (MGS) (Entered: 08/12/1994)
226 ORDER by Mag Judge Leif B. Erickson Case consolidated 6:93−cv−46 with member cases 6:94−cv−65, Richard Jungers vs. Rick Day, et al. (cc: all counsel, as shown on order.) (MGS) (Entered: 08/12/1994)
227 ORDER by Mag Judge Leif B. Erickson that defts resp to pltf Richard Jungers' request for prelim injunctive relief contained in his complaint in CV 94−65−H−CCL, w/n 10 days of svc. (cc: all counsel, as shown on order.) (MGS) (Entered: 08/12/1994)
228 SUPPLEMENT by plaintiff James Dean Bingman to his status report 176 , filed as "motion to add evidence" (MGS) (Entered: 08/12/1994)
229 ORDER by Mag Judge Leif B. Erickson Case consolidated 6:93−cv−46 with member cases 6:94−cv−54, Troy Ford vs. MT ST Dept of Corrections, et al ; defts shll resp to request for inj relief w/n 10 days of svc, pltf may reply w/n 5 days thereafter. (cc: all counsel, as shown on order) (MGS) (Entered: 08/16/1994)
230 RESPONSE by defendants to request for preliminary injunction filed by Richard Jungers in CV 94−65−H−CCL. (MGS) (Entered: 08/24/1994)
231 RESPONSE by county defendants to request for injunctive relief filed by Troy Ford in CV 94−54−H−CCL. (MGS) (Entered: 08/24/1994)
232 RESPONSE by defendants to request for preliminary injunction filed by Troy Ford in CV 94−54−H−CCL. (MGS) (Entered: 08/24/1994)
233 ORDER by Mag Judge Leif B. Erickson dismissing Eugene B. Blaney vs. P. A. Sullivan, et al., CV 94−25−H−LBE from the ACLUCA litigation. (cc: all counsel as shown on order) (MGS) (Entered: 08/24/1994)
234 ORDER by Mag Judge Leif B. Erickson Case consolidated 6:93−cv−46 with member cases 6:94−cv−68, Dennis E. Geary vs. Richard Day, et al. (cc: all counsel, as shown on order) (MGS) (Entered: 08/24/1994)
235 ORDER by Mag Judge Leif B. Erickson re CV 93−83−H−LBE, David Oppelt vs. Gamble et al: Pltf's mtn to take out of abeyance is GRANTED; pltf's mtn for PTC is DENIED; dfts' mtn to dismiss in the alt is DENIED; this matter remains under the stay imposed by order dtd 2/18/94. (cc: all counsel as shown on order) (MGS) (Entered: 09/21/1994)
236 MOTION by defendants to extend time to resp to mtn for prelim inj in CV 94−33−H−LBE, Dennis Geary vs. Sullivan (MGS) (Entered: 09/21/1994)
237 SCHEDULING ORDER Mag Judge Leif B. Erickson Status report: w/n 5 days re dental care provided to Jack W. Burk, CV 93−54−H−LBE. (MGS) (Entered: 09/21/1994)

Case: 6:93-cv-46 As of: 07/02/2020 08:24 AM MDT 21 of 95

09/12/1994 09/12/1994 09/12/1994 09/12/1994 09/12/1994 09/12/1994
09/12/1994
09/12/1994
09/12/1994
09/13/1994 09/15/1994 09/15/1994 09/19/1994 09/19/1994 09/19/1994 09/19/1994 09/19/1994

238 SCHEDULING ORDER Mag Judge Leif B. Erickson Supplemental Status reports: w/n 5 days of rec't of this order re dental care provided to Richard Jungers, CV 93−82−H−LBE. (cc: all counsel as shown on order) (MGS) (Entered: 09/21/1994)
239 SCHEDULING ORDER Mag Judge Leif B. Erickson Supplemental Status reports: w/n 5 days of rec't of this order re dental care provided to Mark Peck, CV 93−84−H−LBE. (cc: all counsel as shown on order) (MGS) (Entered: 09/21/1994)
240 SCHEDULING ORDER Mag Judge Leif B. Erickson Supplemental Status reports: w/n 5 days of rec't of this order re dental care provided to Toby McAdam, CV 94−22−H−LBE. (cc: all counsel as shown on order) (MGS) (Entered: 09/21/1994)
241 ORDER by Mag Judge Leif B. Erickson denying defts' mtn to dismiss filed w/out supporting brief in CV 94−22−H−LBE, Toby McAdam vs. Gamble et al. (cc: all counsel as shown on order) (MGS) (Entered: 09/21/1994)
242 ORDER by Mag Judge Leif B. Erickson that defts file resp to Jack Burk's motion to compel discovery filed 2/17/94 in CV 93−54−H−LBE. (cc: all counsel as shown on order) (MGS) (Entered: 09/21/1994)
243 ORDER by Mag Judge Leif B. Erickson granting pltf's mtn to take out of abeyance, denying pltf's mtn for PTC, denying defts' mtn to dismiss or in alt to hold in abeyance, in CV 93−84−H−LBE, Mark Peck vs. Gamble et al. (cc: all counsel as shown on order) (MGS) (Entered: 09/21/1994)
244 ORDER by Mag Judge Leif B. Erickson granting pltf's mtn to take out of abeyance, denying pltf's mtn for PTC, denying defts' mtn to dismiss or hold in abeyance, in CV 93−82−H−LBE, Richard Jungers vs. Gamble et al. (cc: all counsel as shown on order) (MGS) (Entered: 09/21/1994)
245 ORDER by Mag Judge Leif B. Erickson granting pltf's mtn to amend deft Ward's name frm Jeff to Daniel, granting pltf's mtn for lv to add evidence, granting pltf's mtn to amend cmp to add evidence, granting pltf's mtn to supplement 228 ; pltf's mtn for smmry jgmnt filed 1/24/94 remains pending & defts have 10 days to file brf in response − all in CV 93−63−H−LBE, James Bingman vs. Ward et al. (cc: all counsel as shown on order) (MGS) (Entered: 09/21/1994)
246 ORDER by Mag Judge Leif B. Erickson granting motion for hearing in CV 93−63−H−LBE [176−1] setting motion for prelim inj for hearing in CV 93−63−H−LBE [176−1] ; hearing 10/3/94 @ 10:30 in Helena − re James Bingman vs. Ward et al. Clk shll issue Writ of HC ad Testificandum. (cc: all counsel as shown on order) (MGS) (Entered: 09/21/1994)
WRIT of habeas corpus ad testificandum issued; orig w/cpys & cert cpy of Order 246 snt w/USM−285 to USM, Bllgs. (MGS) (Entered: 09/21/1994)
247 ORDER by Mag Judge Leif B. Erickson denying pltf Richard Jungers' request for prelim inj relief contained in his complaint in CV 94−65−H−LBE. (cc: all counsel as shown on order) (MGS) (Entered: 09/21/1994)
248 ORDER by Mag Judge Leif B. Erickson denying pltf Troy Ford's request for prelim inj relief contained in his complaint in CV 94−54−H−LBE. (cc: all counsel as shown on order) (MGS) (Entered: 09/21/1994)
249 STATUS REPORT by defendants in CV 93−82−H−LBE, Richard Jungers v. Gamble et al. (MGS) (Entered: 09/21/1994)
250 STATUS REPORT by defendants in CV 93−84−H−LBE, Mark Peck vs. Gamble et al. (MGS) (Entered: 09/21/1994)
251 STATUS REPORT by defendants in CV 94−22−H−LBE, Toby McAdam vs. Gamble et al. (MGS) (Entered: 09/21/1994)
252 STATUS REPORT by defendants in CV 93−54−H−LBE, Jack Burk vs. Ward et al. (MGS) (Entered: 09/21/1994)
253 MOTION by plaintiff Jack W. Burk to extend time to file status report (MGS) (Entered: 09/21/1994)

Case: 6:93-cv-46 As of: 07/02/2020 08:24 AM MDT 22 of 95

09/19/1994 09/20/1994 09/22/1994
09/22/1994 09/22/1994 09/22/1994 09/22/1994
09/22/1994 09/22/1994 09/23/1994 09/23/1994 09/23/1994 09/23/1994
09/26/1994 09/26/1994 09/26/1994 09/26/1994 09/27/1994 09/28/1994

254 MOTION by plaintiff Jack W. Burk for appointment of counsel in CV 93−54−H−LBE (MGS) (Entered: 09/21/1994)
255 ORDER by Mag Judge Leif B. Erickson granting motion to extend time to file status report [253−1] in CV 93−54−H−LBE, pltf Jack Burk has to 9/26/94 to file same. (cc: all counsel as shown on order) (MGS) (Entered: 09/21/1994)
256 ORDER by Mag Judge Leif B. Erickson that clk issue Writ of Habeas Corpus ad Testificandum for appearance of inmate William Gallenardo to appear @ hrg 10/3/94, Bingman v. Ward et all., CV 93−63−H−LBE. (cc: all counsel) [writ issued & snt to USM, Bllgs for svc] (MGS) (Entered: 09/26/1994)
257 SUPPLEMENTAL STATUS REPORT by plaintiff Jack W. Burk re dental care. (MGS) (Entered: 09/26/1994)
258 STATUS REPORT by plaintiff Mark Peck re dental care. (MGS) (Entered: 09/26/1994)
259 ORDER by Mag Judge Leif B. Erickson denying Mike Poma's mtn for reconsideration of appntmnt of cnsl in CV 93−121−M−LBE. (cc: all counsel) (MGS) (Entered: 09/26/1994)
260 ORDER by Mag Judge Leif B. Erickson that stay imposed in Gorder v. Sullivan, CV 94−26−H−LBE for exhaustion of grievance proceedings is lifted; that suit remains under separate stay purs to Order 69 (cc: all counsel as shown on order) (MGS) (Entered: 09/26/1994)
261 ORDER by Mag Judge Leif B. Erickson that Trueman Conrad furnish Crt w/ current address or CV 93−36−H−CCL may be dismissed for failure to prosecute. (cc: all counsel as shown on order) (MGS) (Entered: 09/26/1994)
262 ORDER by Mag Judge Leif B. Erickson denying Russell Rogers' mtn for appntmnt of cnsl in CV 93−76−H−CCL, and his request for ext of disc deadlines. (cc: all counsel as shown on order) (MGS) (Entered: 09/26/1994)
263 ORDER by Mag Judge Leif B. Erickson granting motion to amend complaint in CV 93−75−H−LBE [177−1], Robert Close vs. Weer et al. (cc: all counsel as shown on order) (MGS) (Entered: 09/26/1994)
264 FIRST AMENDED COMPLAINT [23−1] by plaintiff Robert Close (MGS) (Entered: 09/26/1994)
265 ORDER by Mag Judge Leif B. Erickson granting pltf Robert Close's mtn to produce discovery in CV 93−75−H−LBE. [the motion for ruling [147−1] and the motion for ruling [208−1] are moot.] (cc: all counsel) (MGS) (Entered: 09/26/1994)
266 ORDER by Mag Judge Leif B. Erickson granting defts' mtn for summary judgment in CV 93−65−H−LBE, John L. Lucero vs. McCormick, et al − Judgmnt of dismissal entered accordingly in that case. (cc: all counsel as shown on order) (MGS) (Entered: 09/26/1994)
267 ORDER by Mag Judge Leif B. Erickson denying defts' motion to dismiss filed in CV 94−11−H−LBE, Patrick McKendry vs. Wheeler et al., w/out prejudice. (cc: all counsel as shown on order) (MGS) (Entered: 09/26/1994)
268 ORDER by Mag Judge Leif B. Erickson that parties file status reports in CV 94−11−H−LBE, McKendry vs. Wheeler, et al., re med care to pltf for knee; due w/n 7 days of dt of this order. (cc: all counsel) (MGS) (Entered: 09/26/1994)
269 RESPONSE by defendants to motion for summary jgmnt filed by James Dean Bingman 1/20/94 in CV 93−63−H−CCL. (MGS) (Entered: 09/29/1994)
270 STATUS REPORT by defendants re dental care to Jack W. Burk, CV 93−54−H−LBE. (MGS) (Entered: 09/29/1994)
271 MOTION by plaintiff James Dean Bingman for subpoena to Dr. Ward to appear at hrg 10/3/94 (MGS) (Entered: 09/29/1994)
272 ORDER by Mag Judge Leif B. Erickson granting motion for subpoena to Dr. Ward to appear at hrg 10/3/94 [271−1] (cc: all counsel) − subpoena iss'd & snt w/cpy to pltf

Case: 6:93-cv-46 As of: 07/02/2020 08:24 AM MDT 23 of 95

09/28/1994
09/28/1994 09/29/1994 09/30/1994 09/30/1994 09/30/1994 09/30/1994 09/30/1994
09/30/1994 09/30/1994 10/04/1994 10/05/1994
10/05/1994 10/05/1994 10/05/1994 10/05/1994 10/05/1994

for svc on witness @ hrg, due to shortness of time. (MGS) (Entered: 09/29/1994)
273 ORDER by Mag Judge Leif B. Erickson denying defts' mtn for smmry jgmnt filed 1/19/94 in CV 93−27−H−LBE, and finding their mtn for smmry jgmnt filed 10/18/93 in that case moot. re: James L. Larson vs. Risley et al. (cc: all counsel as shown on order) (MGS) (Entered: 09/29/1994)
274 ORDER by Mag Judge Leif B. Erickson ; status conference set for 11:30 10/21/94 at Helena MT (cc: all counsel, as shown on order, & USM) (MGS) (Entered: 09/29/1994)
275 AMENDMENT by defendants to [250−1] − status rept re Mark Peck. (MGS) (Entered: 10/14/1994)
276 ORDER by Mag Judge Leif B. Erickson denying defts' mtn to dismiss filed 12/30/92 in CV 92−139−M−LBE, Bullchild vs. Board of Pardons. (cc: all counsel) (MGS) (Entered: 10/14/1994)
277 ORDER by Mag Judge Leif B. Ericksondenying defts' mtn to dismiss filed in CV 94−12−H−LBE, Anthel Brown vs. Day. (cc: all counsel) (MGS) (Entered: 10/14/1994)
278 ORDER by Mag Judge Leif B. Erickson denying defts' mtn to strike pltf's brief, filed 12/4/92 in CV 92−17−M−LBE, Ronald White vs. Hill et al. (cc: all counsel) (MGS) (Entered: 10/14/1994)
279 NOTICE by defendants that Betsy Brandborg no longer atty of rec in CV 93−54−H−LBE, Jack Burk vs. Ward, et al. (MGS) (Entered: 10/14/1994)
280 ORDER by Mag Judge Leif B. Erickson denying motion for order that defts comply w/chemical dependency trtmnt for pltf, re CV 92−28−H−LBE [10−1], Clifford Vielle vs. Dept; ptys shll file status repts w/n 7 days. (cc: all counsel) (MGS) (Entered: 10/14/1994)
281 ORDER by Mag Judge Leif B. Erickson denying motion for preliminary injunction [13−1], denying motion for temporary restraining order [13−2] in CV 92−115−GF−LBE, James E. Ball. (cc: all counsel) (MGS) (Entered: 10/14/1994)
282 ORDER by Mag Judge Leif B. Erickson denying Jeff Delaphiano's motion for appointment of counsel, re CV 93−15−M−CCL [45−1] (copies to all counsel) (MGS) (Entered: 10/14/1994)
283 ORDER by Mag Judge Leif B. Erickson ; status hearing of 10/21/94 reset for 10:00 10/19/94 in 6:93−cv−00046 (cc: all counsel) (MGS) (Entered: 10/14/1994)
284 SCHEDULING ORDER Mag Judge Leif B. Erickson Status reports: w/n 7 days detailing whether pltf Kenneth Bruce Miller has rec'd meals following his blood tests & re a diabetic food line available @ MSP − re CV 94−3−H−LBE. (cc: all counsel) (MGS) (Entered: 10/14/1994)
285 ORDER by Mag Judge Leif B. Erickson lifting stay filed 3//10/94 in CV 94−26−H−LBE, Gorder vs. Sullivan. (cc: all counsel) (MGS) (Entered: 10/14/1994)
286 PRETRIAL MOTION AND DISCOVERY ORDER by Mag Judge Leif B. Erickson filed in Laird vs. Gamble, CV 93−55−H−LBE. (cc: all counsel) (MGS) (Entered: 10/14/1994)
287 PRETRIAL MOTION AND DISCOVERY ORDER by Mag Judge Leif B. Erickson filed in David Oppelt vs. Gamble, CV 93−83−H−LBE. (cc: all counsel) (MGS) (Entered: 10/14/1994)
288 PRETRIAL MOTION AND DISCOVERY ORDER by Mag Judge Leif B. Erickson filed in CV 92−67−H−CCL, Duncan McKenzie vs. Vessie et al. (cc: all counsel) (MGS) (Entered: 10/14/1994)
289 ORDER by Mag Judge Leif B. Erickson lifting stay imposed 4/14/94 in CV 94−31−H−LBE, Patrick Welliver vs. Sullivan. (cc: all counsel) (MGS) (Entered: 10/14/1994)

Case: 6:93-cv-46 As of: 07/02/2020 08:24 AM MDT 24 of 95

10/06/1994 10/06/1994 10/12/1994 10/12/1994 10/12/1994 10/12/1994 10/12/1994 10/13/1994 10/13/1994 10/13/1994
10/13/1994 10/13/1994 10/13/1994 10/13/1994 10/14/1994
10/18/1994 10/18/1994 10/19/1994

290 STATUS REPORT by plaintiff Patrick J. McKendry in CV 94−11−H−LBE. (MGS) (Entered: 10/14/1994)
291 STATUS REPORT by plaintiffs Terry Langford et al in CV 92−13−H−LBE. (MGS) (Entered: 10/14/1994)
292 STATUS REPORT by plaintiff Clifford T. Vielle in CV 92−28−H−LBE. (MGS) (Entered: 10/14/1994)
293 ORDER by Mag Judge Leif B. Erickson holding CV 94−44−H−LBE in abeyance pending exhaustion of internal grievance procedure − Thomas Dahl vs. Dept. (cc: all counsel) (MGS) (Entered: 10/14/1994)
294 STATUS REPORT by defendants in Vielle vs. Dept, CV 92−28−H−LBE. (MGS) (Entered: 10/14/1994)
295 STATUS REPORT by defendants in McKendry vs. Wheeler, CV 94−11−H−LBE. (MGS) (Entered: 10/14/1994)
REMARK − END OF FILE FOLDER NO. 6 (MGS) (Entered: 10/14/1994)
296 ORDER by Mag Judge Leif B. Erickson denying motion to extend time to resp to mtn for prelim inj in CV 94−33−H−LBE, Dennis Geary vs. Sullivan [236−1], as moot. (cc: all counsel) (MGS) (Entered: 10/14/1994)
297 ANSWER by defendants to [264−1]; jury demand (re CV 93−75−H−CCL − Close vs. Weer et al) (MGS) (Entered: 12/13/1994)
298 ORDER lifting stay of 8/3/94 in CV 94−63−H, Steven Grady Phillips vs. Gamble et al − and SCHEDULING ORDER Mag Judge Leif B. Erickson Motion filing: December 30, 1994 Discovery due: 11/14/94, responses by 12/14/94. (cc: all counsel) (MGS) (Entered: 12/13/1994)
299 ORDER by Mag Judge Leif B. Erickson holding CV 94−60−H−LBE, Godfrey v. Day et al, in abeyance pending pltf's exhaustion of internal grievance procedures. (cc: all counsel) (MGS) (Entered: 12/13/1994)
300 ORDER by Mag Judge Leif B. Erickson holding CV 94−51−H−LBE in abeyance pending pltf Robert Lee Bridendolph's exhaustion of internal grievance procedures @ MSP. (cc: all counsel) (MGS) (Entered: 12/13/1994)
301 ORDER by Mag Judge Leif B. Erickson that defts shll resp to the request for inj relief contained in pltf Patrick Tye's complaint in CV 94−61−H−LBE, w/n 10 days; pltf may rply in 5 days. (cc: all counsel) (MGS) (Entered: 12/13/1994)
302 ORDER by Mag Judge Leif B. Erickson that status repts due w/n 7 days in CV 94−68−H−CCL. Dennis Geary v. Day et al. (cc: all counsel) (MGS) (Entered: 12/13/1994)
303 FINDINGS AND RECOMMENDATION by Mag Judge Leif B. Erickson concerning CV 93−36−H−CCL, Trueman Conrad vs. Day et al; recommending case be dismissed for failure to prosecute. Objections to F/R due date: w/n 10 days (cc: all counsel) (MGS) (Entered: 12/13/1994)
304 STATUS REPORT by defendants in CV 94−3−H−LBE, Kenneth Bruce Miller vs. McCormick et al. (MGS) (Entered: 12/13/1994)
305 RESPONSE by plaintiff Troy Ford to orders & recommendations of U.S. Magistrate & request for recusal of USMJ Erickson − re CV 94−54−H−CCL. (MGS) (Entered: 12/13/1994)
306 MINUTES: Status hearing held 10/19/94 before Mag Judge Leif B. Erickson. Counsel present were Lopez, Sheehy, Keller and Ohler. Atty Wurster attended portions of conf by telephone. Also attending were Jeffrey Renz, MT Defender Project, and Tim Payne, U.S. Dept of Justice. A presentation of the settlement agreement was made by counsel for both parties. In response to comments from the court the arties decided to make minor revisions to the agreement and submit a final document within a week (KJH) Modified on 12/13/1994 (Entered: 11/04/1994)

Case: 6:93-cv-46 As of: 07/02/2020 08:24 AM MDT 25 of 95

10/19/1994 10/21/1994 10/24/1994 10/25/1994 10/25/1994 10/25/1994 10/28/1994 10/28/1994
10/28/1994
10/28/1994 11/01/1994 11/02/1994 11/02/1994 11/02/1994 11/03/1994
11/03/1994
11/04/1994 11/04/1994 11/04/1994 11/07/1994 11/07/1994 11/07/1994

307 ANSWER by defendants in CV 94−12−H−LBE, Anthel Brown vs. Day et al; jury demand (MGS) (Entered: 12/13/1994)
308 STATUS REPORT by plaintiff Dennis E. Geary re CV 94−68−H−CCL (MGS) (Entered: 12/13/1994)
309 STATUS REPORT by defendants in CV 94−68−H−CCL, Dennis Geary vs. Day et al. (MGS) (Entered: 12/13/1994)
310 ANSWER by defendants in CV 94−31−H−CCL, Patrick Welliver vs. Sullivan et al; jury demand (MGS) (Entered: 12/13/1994)
311 ANSWER by defendants in CV 94−26−H−LBE, Paul Gorder vs. Sullivan et al; jury demand (MGS) (Entered: 12/13/1994)
312 ANSWER by defendants in CV 94−33−H−CCL, John Byrne vs. Sullivan; jury demand (MGS) (Entered: 12/13/1994)
313 MOTION by plaintiff Anthel Brown to strike defenses in Answer filed in CV 94−12−H (MGS) (Entered: 01/18/1995)
314 SETTLEMENT AGREEMENT filed re CV 92−13−H, Langford v. Racicot et al. (MGS) (Additional attachment(s) added on 5/28/2014: # 1 Exhibits A−D) (HEG, ). (Entered: 01/18/1995)
315 ORDER by Mag Judge Leif B. Erickson approving Settlement Agreement filed re CV 92−13−H, subject to Notice requirements; objections may be filed by 11/14/94; if necessary a fairness hrg shll be held 11/28/94 @ 9:30 re final approval. (cc: all counsel) (MGS) (Entered: 01/18/1995)
316 NOTICE OF PROPOSED SETTLEMENT re CV 92−13−H, Langford v. Racicot et al. (MGS) (Entered: 01/18/1995)
317 RESPONSE by defendants to [301−1], Patrick Tye v. Rick Day et al., CV 94−61−H. (MGS) (Entered: 01/18/1995)
318 NOTICE by plaintiff James A. Godfrey of completion of grievance procedure in CV 94−60−H. (MGS) (Entered: 01/18/1995)
319 MOTION by plaintiff David Oppelt to extend time for discovery, re CV 93−83−H (MGS) (Entered: 01/18/1995)
320 MOTION by plaintiff Terry Langford for telephonic scheduling conference re CV 92−13−H (MGS) (Entered: 01/18/1995)
321 ORDER by Mag Judge Leif B. Erickson granting motion for telephonic scheduling conference re CV 92−13−H [320−1], set for 11/21/94 @ 9:00 a.m., Crt will make the call. (cc: all counsel) (MGS) (Entered: 01/18/1995)
322 ORDER by Mag Judge Leif B. Erickson that cnsl for Dept Justice may submit written comments re the Settlement Agreement in Langford v. Racicot, CV 92−13−H, by 11/23/94. (cc: all counsel) (MGS) (Entered: 01/18/1995)
323 NOTICE by plaintiff Robert Lee Bridendolph of completion of grievance procedure re CV 94−51−H. (MGS) (Entered: 01/18/1995)
324 MOTION by plaintiff Robert Lee Bridendolph to amend his complaint in CV 94−51−H by adding 2 defts (MGS) (Entered: 01/18/1995)
325 OBJECTIONS by six MSP Inmates to [314−1] (MGS) (Entered: 01/18/1995)
326 NOTICE by plaintiff Thomas Raymond Dahl of completion of grievance procedures in CV 94−44−H. (MGS) (Entered: 01/18/1995)
327 MOTION by plaintiff Thomas Raymond Dahl to amend complaint in CV 94−44−H by adding 2 defts (MGS) (Entered: 01/18/1995)
328 ORDER by Mag Judge Leif B. Erickson that Lewis & Clark Cty is granted lv to take depo of pltf Troy Ford in CV 94−54−H. (cc: all counsel) (MGS) (Entered: 01/18/1995)

Case: 6:93-cv-46 As of: 07/02/2020 08:24 AM MDT 26 of 95

11/07/1994
11/08/1994 11/09/1994
11/10/1994 11/14/1994 11/14/1994 11/14/1994 11/14/1994 11/14/1994 11/15/1994 11/15/1994 11/15/1994 11/15/1994 11/15/1994 11/15/1994
11/15/1994
11/15/1994
11/15/1994
11/15/1994 11/15/1994 11/16/1994
11/16/1994
11/16/1994 11/16/1994
11/16/1994
11/16/1994
11/18/1994 11/18/1994
11/18/1994

329 ORDER by Mag Judge Leif B. Erickson granting pltf James Dean Bingman's mtn for prelim injunction in CV 93−63−H; defts shll provide emergency dental care & submit proposal w/n 60 days. (cc: all counsel) (MGS) (Entered: 01/19/1995)
330 OBJECTIONS by ten MSP Inmates to [314−1] (MGS) (Entered: 01/19/1995)
331 OBJECTION by MSP Inmate LeRoy Swingley to [314−1] (MGS) (Entered: 01/19/1995)
332 OBJECTIONS by thirty−four MSP Inmates to [314−1] (MGS) (Entered: 01/19/1995)
333 OBJECTIONS by 160 MSP Inmates to [314−1] (MGS) (Entered: 01/19/1995)
REMARK − END OF FILE FOLDER #7. (MGS) (Entered: 01/19/1995)
334 OBJECTIONS by forty MSP Inmates to [314−1] (MGS) (Entered: 01/19/1995)
335 OBJECTIONS by forty MSP Inmates to [314−1] (MGS) (Entered: 01/19/1995)
336 OBJECTIONS by thirty−eight MSP Inmates to [314−1] (MGS) (Entered: 01/19/1995)
337 OBJECTIONS by forty MSP Inmates to [314−1] (MGS) (Entered: 01/19/1995)
338 **missing text** (MGS) (Entered: 01/19/1995)
339 OBJECTIONS by forty−nine MSP Inmates to [314−1] (MGS) (Entered: 01/19/1995)
REMARK − END OF FILE FOLDER #8. (MGS) (Entered: 01/19/1995)
340 OBJECTION by MSP Inmate Loren Raver to [314−1] (MGS) (Entered: 01/19/1995)
341 MOTION by MSP Inmate Doriel Sor−Lokken to extend time to file objections to ntc of proposed settlement in class action (MGS) (Entered: 01/19/1995)
342 RESPONSE by defendants to amended pet'n for WHC filed by Alvin Bullchild in CV 92−139−M (MGS) (Entered: 01/19/1995)
343 OBJECTION by plaintiff Robert Lee Bridendolph to [314−1], filed as request to proceed with CV 94−51−H (MGS) (Entered: 01/19/1995)
344 OBJECTION by plaintiff James Dean Bingman to [314−1], filed as request to proceed w/CV 93−56−H & CV 93−40−H (MGS) (Entered: 01/19/1995)
345 **missing text** (MGS) (Entered: 01/19/1995)
346 **missing text** (MGS) (Entered: 01/19/1995)
347 RESPONSE by plaintiff Troy Ford to Lewis & Clark Cty's discovery requests in CV 94−54−H (MGS) (Entered: 01/19/1995)
348 OBJECTIONS by plaintiff Thomas Raymond Dahl to [314−1], filed as request to proceed w/CV 94−44−H (MGS) (Entered: 01/19/1995)
349 OBJECTIONS by nine MSP Inmates to [314−1] (MGS) (Entered: 01/19/1995)
350 ORDER by Mag Judge Leif B. Erickson granting motion to amend order for telephonic scheduling conf [346−1]; Conf set for 11/18/94 @ ll:00 a.m. (cc: all counsel) (MGS) (Entered: 01/20/1995)
351 SCHEDULING ORDER Mag Judge Leif B. Erickson Motion filing: Jan. 31, 1995 Discovery due: Dec. 16, 1994, responses svd by Jan. 16, 1995. (cc: all counsel) (MGS) (Entered: 01/20/1995)
352 OBJECTION by MSP Inmate Doriel Sor−Lokken to [314−1] and request to be excluded frm class action. (MGS) (Entered: 01/20/1995)
353 OBJECTIONS by four MSP Inmates to [314−1] (MGS) (Entered: 01/20/1995)
354 LETTER from MSP Inmate Davod Rioz #A0 33969, re lack of dental care (MGS) (Entered: 01/20/1995)
355 OBJECTION by MSP Inmate Walter P. Hoppe to [314−1] (MGS) (Entered: 01/20/1995)

Case: 6:93-cv-46 As of: 07/02/2020 08:24 AM MDT 27 of 95

11/18/1994 11/21/1994 11/21/1994 11/21/1994 11/21/1994 11/21/1994 11/22/1994
11/23/1994 11/23/1994 11/23/1994 11/23/1994 11/28/1994 11/29/1994 11/30/1994 12/01/1994 12/08/1994 12/09/1994
12/09/1994
12/09/1994 12/09/1994

356 OBJECTION by MSP Inmate Patrick Campbell to [314−1] (MGS) (Entered: 01/20/1995)
357 OBJECTIONS by fourteen MSP Inmates to [314−1] (MGS) (Entered: 01/20/1995)
358 MOTION by plaintiff James Dean Bingman to amend Order 329 (MGS) (Entered: 01/20/1995)
359 MEMORANDUM/BRIEF by plaintiff James Dean Bingman in support of motion to amend Order 329 [358−1] (MGS) (Entered: 01/20/1995)
360 ORDER by Mag Judge Leif B. Erickson that Clerk issue Writs of HC ad Test to Terry Langford, Ricky Worden & Steve Hardy to attend hrg 11/28/94. (cc: all counsel) (MGS) (Entered: 01/23/1995)
WRITS of habeas corpus ad testificandum issued for Steve Hardy, Ricky Worden & Terry Langford; orig + 2 of ea to USM, Bllgs w/USM 285's & cert cpys Order; cpys to attys Wurster & Ohler. (MGS) (Entered: 01/23/1995)
361 ORDER by Mag Judge Leif B. Erickson vacating [128−1] schedule order ; motion brief ddl set for 2/6/95 for Dept Corr Personnel, for MSP Inmates; Pltfs shll file their Amended Cmplnt on protective cust issue & a PPT disclosure stmnt by 12/7/94; all disc completed by 2/20/95; PT stmnts by 2/6/95; final pretrial conference set for 9:30 3/1/95 ; trial set for 9:00 3/6/95 ; SETTLEMENT DATE: February 27, 1995. (cc: all counsel) (MGS) (Entered: 01/23/1995)
362 PRAECIPE: by plaintiffs Terry Langford et al for issuance of Writs of HC ad test (this was granted by 360 & the writs issued) (MGS) (Entered: 01/23/1995)
363 OBJECTIONS by MSP Inmate Gordon Helland to [314−1] (MGS) (Entered: 01/23/1995)
364 MOTION by plaintiffs Terry Langford et al for order approving and entering settlement agreement re CV 92−13−H (MGS) (Entered: 01/23/1995)
365 MEMORANDUM/BRIEF by plaintiffs in support of motion for order approving and entering settlement agreement re CV 92−13−H [364−1] (MGS) (Entered: 01/23/1995)
366 COMMENTS & OBJECTIONS to [314−1] filed by U. S. Department of Justice. (MGS) (Entered: 01/23/1995)
367 ORDER by Mag Judge Leif B. Erickson approving settlement agreement [314−1] & entered purs to Rule 23(e) of F.R.Civ.P. − rationale will follow. (cc: all counsel) (MGS) (HEG, ). (Entered: 01/23/1995)
368 SCHEDULING ORDER Mag Judge Leif B. Erickson Status report: w/n seven days, re Miller v. McCormick, CV 94−3−H (cc: all counsel) (MGS) (Entered: 01/23/1995)
369 MOTION by plaintiff Paul Gorder for appointment of counsel in CV 94−26−H , w/memo in support (MGS) (Entered: 01/23/1995)
370 STATUS REPORT by plaintiff Kenneth Miller re CV 94−3−H (MGS) (Entered: 01/23/1995)
371 PRELIMINARY PRETRIAL STATEMENT REGARDING PROTECTIVE CUSTODY ISSUES by plaintiffs Terry Langford, James Ball, James Peterschick, Jeff Delaphiano, Trueman Conrad, Anthel Brown, Dan Mason, Rudy Meissner, Timothy Owens, Anthony Heaney, Jack Weaver & Kelly Davey, re CV 92−13−H. (MGS) (Entered: 01/23/1995)
372 SUPPLEMENTAL PREDISCOVERY DISCLOSURE STATEMENT by plaintiffs Terry Langford, James Ball, James Peterschick, Jeff Delaphiano, Trueman Conrad, Anthel Brown, Dan Mason, Rudy Meissner, Timothy Owens, Anthony Heaney, Jack Weaver & Kelly Davey re CV 92−13−H (MGS) (Entered: 01/23/1995)
REMARK − END OF FILE FOLDER #9. (MGS) (Entered: 01/23/1995)
373 PROTECTIVE CUSTODY AMENDMENTS TO FIFTH AMENDED COMPLAINT by plaintiffs Terry Langford, James Ball, James Peterschick, Jeff Delaphiano, Trueman Conrad, Anthel Brown, Dan Mason, Rudy Heissner, Timothy Owens,

Case: 6:93-cv-46 As of: 07/02/2020 08:24 AM MDT 28 of 95

12/13/1994 12/13/1994 12/21/1994 12/22/1994
12/22/1994 12/23/1994 12/23/1994 12/27/1994
12/27/1994
12/27/1994 12/27/1994 12/30/1994 12/30/1994
12/30/1994 12/30/1994 12/30/1994 12/30/1994 12/30/1994 01/04/1995 01/05/1995
01/09/1995

Anthony Heaney, Jack Weaver & Kelly Davey re complaint [264−1], re CV 92−13−H. (MGS) (Entered: 01/23/1995)
374 OBJECTIONS by defendants to [368−1], re CV 94−3−H (MGS) (Entered: 01/23/1995)
375 RESPONSE by defendants to motion to amend Order 329 [358−1] (MGS) (Entered: 01/23/1995)
376 TRANSCRIPT filed by Martin Lake & Assoc. of proceedings 11/28/94 re CV 92−13−H. (MGS) (Entered: 01/23/1995)
377 ORDER by Mag Judge Leif B. Erickson denying pltf Jim Thompson's request for recusal of USMJ Erickson frm his pending cases: CV 93−113−M, CV 93−40−H & CV 93−56−H. (cc: all counsel) (MGS) Modified on 01/24/1995 (Entered: 01/23/1995)
378 ANSWER by defendants to 373 , protective custody amendments to 5th Amd Cmplnt [264−1] (MGS) Modified on 01/24/1995 (Entered: 01/23/1995)
379 MOTION by defendants to extend time to file motions in Oppelt v. Gamble, CV 93−83−H (MGS) Modified on 01/24/1995 (Entered: 01/23/1995)
380 MOTION by defendants to extend deadline to file motions re CV 92−67−H (MGS) Modified on 01/24/1995 (Entered: 01/23/1995)
381 ORDER by Mag Judge Leif B. Erickson granting motion to extend time to file motions in Oppelt v. Gamble, CV 93−83−H [377−1], extended to Jan. 16, 1995. (cc: all counsel) (MGS) (Entered: 01/23/1995)
382 ORDER by Mag Judge Leif B. Erickson granting motion to extend deadline to file motions re CV 92−67−H [378−1], extended to Jan. 30, 1995. (cc: all counsel) (MGS) (Entered: 01/23/1995)
383 ANSWER by defendants; jury demand − re Geary v. Day, CV 94−68−H (MGS) (Entered: 01/23/1995)
384 MOTION by plaintiff Alvin Bullchild for leave to conduct discovery re CV 92−139−M (MGS) (Entered: 01/23/1995)
385 MOTION by defendants for summary judgment in Steven Grady Phillips v. Gamble, et al., CV 94−63−H (MGS) (Entered: 01/23/1995)
386 MEMORANDUM/BRIEF by defendants in support of motion for summary judgment in Steven Grady Phillips v. Gamble, et al., CV 94−63−H [385−1] (MGS) (Entered: 01/23/1995)
387 AFFIDAVIT of Don Sullivan re [385−1] (MGS) (Entered: 01/23/1995)
388 AFFIDAVIT of Mike Mihelic re [385−1] (MGS) (Entered: 01/23/1995)
389 AFFIDAVIT of Walter Cuchine re [385−1] (MGS) (Entered: 01/23/1995)
390 PROOF/NOTICE OF SERVICE by defendant of docs 385 thru 389 (MGS) (Entered: 01/23/1995)
391 OBJECTIONS by plaintiff Jim E. Thompson to [314−1] − (entitled notice of appeal of settlement agreement) (MGS) (Entered: 01/23/1995)
392 REPLY by defendants to pltf James Bingman's second mtn for contempt order filed in CV 93−63−H (MGS) (Entered: 01/23/1995)
393 RESPONSE by plaintiff Steven Grady Phillips to motion for summary judgment in Steven Grady Phillips v. Gamble, et al., CV 94−63−H [385−1] (MGS) (Entered: 01/23/1995)
394 ORDER by Mag Judge Leif B. Erickson lifting stay in CV 94−51−H, Bridendolph v. Dept. et al, dfts have 20 days to plead further. (cc: all counsel) (MGS) (Entered: 01/23/1995)

Case: 6:93-cv-46 As of: 07/02/2020 08:24 AM MDT 29 of 95

01/09/1995 01/09/1995 01/10/1995
01/10/1995 01/13/1995 01/18/1995 01/18/1995 01/18/1995 01/18/1995 01/23/1995
01/23/1995 01/23/1995 01/24/1995 01/24/1995 01/25/1995 01/26/1995 01/26/1995 01/26/1995 01/27/1995

395 ORDER by Mag Judge Leif B. Erickson granting pltf Bridendolph's mtn to remove frm abeyance in CV 94−51−M; dfts shll resp to 324 per local rules. (cc: all counsel) (MGS) (Entered: 01/23/1995)
396 RESPONSE by defendants to pltf James Bingman's request to be taken to a different dentist, filed in CV 93−63−H (MGS) (Entered: 01/23/1995)
397 ORDER by Mag Judge Leif B. Erickson denying motion to amend complaint in CV 94−44−H by adding 2 defts [327−1];; pltf Thomas Dahl shll ntfy Crt when he has completed internal grievance procedures. (cc: all counsel) (MGS) (Entered: 01/23/1995)
398 ORDER by Mag Judge Leif B. Erickson that Godfrey v. Day, CV 94−60−H, shll continue to be held in abeyance until pltf completely exhausts the internal grievance process. (cc: all counsel) (MGS) (Entered: 01/23/1995)
399 REPLY by plaintiff Dennis E. Geary re [383−1] (MGS) (Entered: 01/23/1995)
400 PROOF/NOTICE OF SERVICE by plaintiff Terry Langford of discovery responses (MGS) (Entered: 01/23/1995)
401 MOTION by defendants for summary judgment in CV 93−83−H, David Oppelt v. Gamble (MGS) (Entered: 01/23/1995)
402 MEMORANDUM/BRIEF by defendants in support of motion for summary judgment in CV 93−83−H, David Oppelt v. Gamble [401−1] (MGS) (Entered: 01/23/1995)
403 AFFIDAVIT of Don Sullivan re [401−1] (MGS) (Entered: 01/23/1995)
404 ORDER by Mag Judge Leif B. Erickson re CV 93−63−H−LBE, Bingman v. Ward et al, denying motion to amend Order 329 [358−1] ; Pltf's requests for contempt order are held in abeyance; Pltf's request for hrg is construed as Mtn for OSC and is Granted: in−court hearing set for 1:30 2/2/95 in Mssla , Defts shll appear & show cause why they shd not be held in contempt of the 11/7/94 Order, and are granted lv to file a resp to the OSC w/n 7 days. Pltf's request for an independent Rule 35 exam is denied. (cc: all counsel, USM, RPR) (MGS) (Entered: 01/25/1995)
Text not available. (Entered: 01/25/1995)
405 ORDER by Mag Judge Leif B. Erickson that Clk shll issue Writ of HC ad Testificandum to MSP to transport the Pltf to the 2/2/95 hrg @ Missoula. (cc: all counsel) (MGS) (Entered: 01/25/1995)
WRIT of habeas corpus ad testificandum issued to USM & Rick Day per Order 405 ; orig w/3 cpys + cert + 3 cpys Order & Form USM−285 snt to USM, Bllgs for svc. (MGS) (Entered: 01/25/1995)
406 ORDER by Mag Judge Leif B. Erickson setting deadline for filing motions in CV 92−139−M, Bullchild v. Board of Pardons, to be filed by March 1, 1995. (cc: all counsel) (MGS) (Entered: 01/25/1995)
407 RATIONALE IN SUPPORT OF ORDER 315 APPROVING SETTLEMENT AGREEMENT by Mag Judge Leif B. Erickson (dated 12/23/94) (cc: all counsel) (MGS) (Entered: 01/30/1995)
408 MOTION by defendants to dismiss complaint filed in Bridendolph v. Day et al., CV 94−51−H (MGS) (Entered: 01/30/1995)
409 MEMORANDUM/BRIEF by defendants in support of motion to dismiss complaint filed in Bridendolph v. Day et al., CV 94−51−H [408−1] (MGS) (Entered: 01/30/1995)
410 ORDER by Mag Judge Leif B. Erickson on Court's own motion: Pretrial order ddl vacated ; final pretrial conference vacated; Trial date vacated until further order. (cc: all counsel) (MGS) (Entered: 01/30/1995)
411 ORDER by Mag Judge Leif B. Erickson denying Dennis Geary's request for ext of time to reply to defts' Answer in CV 94−68−H, as unnecessary & moot. (cc: all counsel) (MGS) (Entered: 01/30/1995)

Case: 6:93-cv-46 As of: 07/02/2020 08:24 AM MDT 30 of 95

01/27/1995 01/27/1995 01/27/1995 01/27/1995 01/27/1995
01/27/1995
01/27/1995
01/27/1995
01/27/1995
01/27/1995 01/31/1995 01/31/1995 02/01/1995 02/01/1995 02/01/1995
02/01/1995 02/02/1995 02/02/1995

412 ORDER by Mag Judge Leif B. Erickson that pltf Toby McAdam has 10 days to ntfy Crt of his address, re CV 94−22−H. (cc: all counsel) (MGS) (Entered: 01/30/1995)
413 ORDER by Mag Judge Leif B. Erickson that pltf Patrick Welliver has 10 days to ntfy Court of his address, re CV 94−31−H. (cc: all counsel) (MGS) (Entered: 01/30/1995)
REMARK − END OF FILE FOLDER #10. (MGS) (Entered: 01/30/1995)
414 ORDER by Mag Judge Leif B. Erickson denying motion to strike defenses in Answer filed filed by pltf Anthel Brown in CV 94−12−H [313−1] (cc: all counsel) (MGS) (Entered: 01/30/1995)
415 PRETRIAL MOTION & DISCOVERY ORDER by Mag Judge Leif B. Erickson issued in Robert Close v. Weer, et al., CV 93−75−H − Discovery svd by 2/27/95, responses by 3/27/95; motions w/ brfs by April 12, l995. (cc: all counsel) (MGS) (Entered: 01/30/1995)
416 PRETRIAL MOTION & DISCOVERY ORDER by Mag Judge Leif B. Erickson issued in Dennis Beary v. Day, et al., CV 94−68−H − discovery svd by 2/27/95, responses by 3/27/95; motions & brfs by April 12, 1995. (cc: all counsel) (MGS) (Entered: 01/30/1995)
417 PRETRIAL MOTION & DISCOVERY ORDER by Mag Judge Leif B. Erickson, lifting stay in McKendry v. Wheeler et al., CV 94−11−H − discovery svd by 2/27/95, responses by 3/27/95; motions & brfs by April 12, l995. (cc: all counsel) (MGS) (Entered: 01/30/1995)
418 PRETRIAL MOTION & DISCOVERY ORDER by Mag Judge Leif B. Erickson, lifting stay in Clawson & Puliafico vs. Day et al., CV 94−33−H − discovery svd by 2/27/95, responses by 3/27/95; motions & brfs by April 12, 1995. (cc: all counsel) (MGS) (Entered: 01/30/1995)
419 PRETRIAL MOTION & DISCOVERY ORDER by Mag Judge Leif B. Erickson, lifting stay in Anthel Brown v. Day et al., CV 94−12−H − discovery svd by 2/27/95, responses by 3/27/95; motions & brfs by April 12, l995. (cc: all counsel) (MGS) (Entered: 01/30/1995)
MINUTES: granting motion for relief frm consolidation of CV 94−12−H−LBE w/ACLUCA docket [60−1] before Mag Judge Leif B. Erickson, included in Order 419 (MGS) (Entered: 03/13/1995)
420 MOTION by plaintiff Robert Lee Bridendolph to continue time to respond to mtn/dismiss, re CV 94−51−H (MGS) (Entered: 02/02/1995)
421 ORDER by Mag Judge Leif B. Erickson that Clk shll issue Writ HC ad Testificandum for Wm Gallenardo & Subpoena for Ofcr. Jerry Issacson to appear at Bingman hrg 2/2/95. (cc: all counsel) (MGS) (Entered: 02/02/1995)
422 ORDER by Mag Judge Leif B. Erickson denying defts' request to deny pltf Bingman's mtn to subpoena witnesses & vacate the hrg of 2/2/95. (cc: all counsel) (MGS) (Entered: 02/02/1995)
423 ORDER by Mag Judge Leif B. Erickson setting discovery DDL for 3/3/95 & mtn DDL 4/18/95 in Byrne v. Sullivan, CV 94−35−H. (cc: all counsel) (MGS) (Entered: 02/02/1995)
424 ORDER by Mag Judge Leif B. Erickson denying Doriel Cor−Lokken's motions, to extend time to file objections to ntc of proposed settlement in class action [341−1], & request to be excluded frm class action 352 (cc: all counsel) (MGS) (Entered: 02/02/1995)
425 NOTICE by plaintiff James A. Godfrey of completion of grievance procedure, re CV 94−60−H, and request to remove abeyance. (MGS) (Entered: 02/13/1995)
426 MOTION by plaintiff Paul Gorder to continue motion filing deadline, re CV 94−26−H (MGS) (Entered: 02/13/1995)
427 NOTICE by atty Edmund Sheehy, Jr. of appearance for Pltf Daniel Mason in CV 92−112−M (MGS) (Entered: 02/13/1995)

Case: 6:93-cv-46 As of: 07/02/2020 08:24 AM MDT 31 of 95

02/02/1995 02/03/1995 02/03/1995 02/06/1995 02/06/1995 02/06/1995 02/07/1995 02/07/1995 02/07/1995
02/08/1995 02/08/1995 02/08/1995 02/10/1995
02/13/1995 02/13/1995 02/15/1995 02/16/1995 02/16/1995 02/16/1995

428 MOTION by plaintiff Daniel W. Mason to lift stay in CV 92−112−M (MGS) (Entered: 02/13/1995)
429 ORDER by Mag Judge Leif B. Erickson lifting stay in Kenneth Bruce Miller v. McCormick, et al., CV 94−3−H, and setting discovery & motion deadlines. (cc: all counsel) (MGS) (Entered: 02/13/1995)
430 ORDER by Mag Judge Leif B. Erickson granting motion to continue motion filing deadline, re CV 94−26−H [426−1] − motions w/briefs due Feb l4, l995. (cc: all counsel) (MGS) (Entered: 02/13/1995)
431 ORDER by Mag Judge Leif B. Erickson dismissing for failure to prosecute CV 94−22−H−LBE, Toby C. McAdam vs. Gamble et al. (cc: all counsel) (MGS) (Entered: 02/13/1995)
432 ORDER by Mag Judge Leif B. Erickson dismissing for failure to prosecute CV 94−31−H−LBE, Patrick Welliver vs. Sullivan, et al. (cc: all counsel) (MGS) (Entered: 02/13/1995)
433 NOTICE by plaintiff Thomas Raymond Dahl of completion of grievance procedure in CV 94−44−H (MGS) (Entered: 02/13/1995)
434 ORDER by Mag Judge Leif B. Erickson setting PPTC in Mason vs. McCormick, CV 92−112−M, for March 2, 1995 @ 3:00 p.m., Missoula. (cc: all counsel) (MGS) (Entered: 02/13/1995)
435 ORDER by Mag Judge Leif B. Erickson granting motion to lift stay in CV 92−112−M [428−1], and correcting caption to Daniel W. Mason vs. Jack McCormick. (cc: all counsel) (MGS) (Entered: 02/13/1995)
436 PRETRIAL MOTION AND DISCOVERY ORDER by Mag Judge Leif B. Erickson in Richard Jungers vs. Gamble et al., CV 93−82−H−LBE: discovery svd by March 7, 1995, responses by April 6, 1995; motions w/briefs by April 21, 1995. (cc: all counsel) (MGS) (Entered: 02/13/1995)
437 ORDER by Mag Judge Leif B. Erickson granting motion to continue time to respond to mtn/dismiss, re CV 94−51−H [420−1] − Pltf granted add'l 20 days. (cc: all counsel) (MGS) (Entered: 02/13/1995)
438 REPORT AND NOTICE TO THE COURT by defendants − referring to the Court's Rationale in Support of Order Approving Settlement Agreement. (MGS) (Entered: 02/13/1995)
849 ORDER by Mag Judge Leif B. Erickson dismissing CV 94−26−H, Paul Gorder vs P. A. Sullivan, et al; Judgment entered in individual file. (cc: all counsel) (KJH) (Entered: 02/26/1996)
439 ORDER by Mag Judge Leif B. Erickson setting jury trial in Klooz v. McCormick, et al., CV 93−43−H−LBE, for May 3, 1995 @ 9:00 a.m. in Missoula; PTC April 26, 1995 @ 10:00. Proposed Jury Inst 4/21/1995, objections & voir dire 4/26/95. (cc: all counsel) (MGS) (Entered: 02/13/1995)
440 ORDER by Mag Judge Leif B. Erickson setting Settlemnt Conf in Paul Gorder vs. Sullivan et al., CV 94−26−H−LBE on l3th of March, 1995 @ 1:30 p.m., in Helena. (cc: all counsel) (MGS) (Entered: 02/15/1995)
MAIL Returned addressed to plaintiff Patrick Welliver returned as "moved, left no address" (DMZ) (Entered: 02/16/1995)
441 PREDISCOVERY DISCLOSURE STATEMENT by defendant re Daniel Mason v. McCormick, CV 92−112−M. (MGS) (Entered: 02/16/1995)
442 ANSWER by defendants to complaint filed in CV 94−11−H−LBE, Patrick McKendry vs. Paul Wheeler et al.; jury demand (MGS) (Entered: 02/17/1995)
443 AFFIDAVIT of Dr. Jason Roan filed re James Bingman vs. Jeff Ward, Dentist, et al., CV 93−63−H−LBE (MGS) (Entered: 02/17/1995)
444 PREDISCOVERY DISCLOSURE STATEMENT by plaintiff Daniel W. Mason re CV 92−112−M−LBE (MGS) (Entered: 02/17/1995)

Case: 6:93-cv-46 As of: 07/02/2020 08:24 AM MDT 32 of 95

02/23/1995 02/23/1995 02/23/1995 02/24/1995 02/24/1995 02/24/1995
02/27/1995 02/27/1995 02/27/1995 02/28/1995 03/01/1995 03/01/1995 03/02/1995 03/02/1995
03/06/1995
03/07/1995
03/08/1995
03/09/1995
03/10/1995
03/10/1995
03/10/1995

445 PROOF/NOTICE OF SERVICE by plaintiff Dominic Puliafico of discovery, re CV 94−33−H. (MGS) (Entered: 02/24/1995)
446 PRELIMINARY PRETRIAL STATEMENT by defendant Jack McCormick, re Mason vs. McCormick, CV 92−112−M. (MGS) (Entered: 02/24/1995)
447 PRELIMINARY PRETRIAL STATEMENT by plaintiff Daniel W. Mason, re CV 92−112−M−LBE. (MGS) (Entered: 02/24/1995)
448 PROOF/NOTICE OF SERVICE by plaintiff Anthel Lavan Brown of discovery re CV 94−12−H−LBE (MGS) (Entered: 02/27/1995)
449 MOTION by defendants Jeff Ward et al to dissolve preliminary injunction in CV 93−63−H−LBE, Bingman vs. Ward et al. (MGS) (Entered: 02/27/1995)
450 MEMORANDUM/BRIEF by defendants in support of motion to dissolve preliminary injunction in CV 93−63−H−LBE, Bingman vs. Ward et al. [449−1] (MGS) (Entered: 02/27/1995)
451 MOTION by plaintiff Dennis E. Geary for order to file discovery requests, re CV 94−68−H, Geary v. Day et al. (MGS) Modified on 02/27/1995 (Entered: 02/27/1995)
452 MOTION by plaintiff Robert Close for order allowing Pltf's inmate writ writer present at any PT hrg (MGS) (Entered: 03/10/1995)
453 ANSWER by defendants; jury demand − to cmp filed in CV 94−33−H, Clawson & Puliafico v. Day et al. (MGS) (Entered: 03/10/1995)
454 PRELLIMINARY PRETRIAL CONFERENCE REPORT by defendant McCormick in CV 92−112−M. (MGS) (Entered: 03/10/1995)
455 RESPONSE by plaintiff Robert Lee Bridendolph to motion to dismiss complaint filed in Bridendolph v. Day et al., CV 94−51−H [408−1] (MGS) (Entered: 03/10/1995)
456 MOTION by defendants to extend time to file motions in CV 92−139−M, Bullchild v. Bd of Pardons et al. (MGS) (Entered: 03/10/1995)
457 LETTER from plaintiff Dennis E. Geary correcting wording in his motion 451 (MGS) (Entered: 03/10/1995)
458 ORDER by Mag Judge Leif B. Erickson granting motion to extend time to file motions in CV 92−139−M, Bullchild v. Bd of Pardons et al. [456−1], ptys hv to 3/31/95. (cc: all counsel) (MGS) (Entered: 03/10/1995)
459 SCHEDULING ORDER AND PRELIMINARY PRETRIAL CONFERENCE REPORT by Mag Judge Leif B. Erickson in Mason v. McCormick, CV 92−112−M−LBE. (cc: all counsel) (MGS) (Entered: 03/10/1995)
460 ORDER by Mag Judge Leif B. Erickson denying John Byrne's request for appntmnt of cnsl in CV 94−35−H, & extending time to sv discovery to 4/3/95. (cc: all counsel) (MGS) (Entered: 03/10/1995)
461 ORDER by Mag Judge Leif B. Erickson denying David Oppelt's motion to extend time for discovery, re CV 93−83−H [319−1] denying motion for appointment of counsel re CV 93−83−H [345−1] (cc: all counsel) (MGS) (Entered: 03/10/1995)
462 ORDER by Mag Judge Leif B. Erickson that Clk lodge ltr rec'd frm Pltf Ronald Maier in CV 93−74−H & snd cpys to cnsl in that case. (cc: all counsel) (MGS) (Entered: 03/10/1995)
463 ORDER by Mag Judge Leif B. Erickson lifting stay imposed in James Godfrey vs. Rick Day et al., CV 94−60−H & setting discovery & motion schedules. (cc: all counsel) (MGS) (Entered: 03/13/1995)
464 ORDER by Mag Judge Leif B. Erickson that Pltf Thomas Raymond Dahl file stat rpt re his grievance appeal in CV 94−44−H w/n 10 days. (cc: all counsel) (MGS) (Entered: 03/13/1995)
465 PROOF/NOTICE OF SERVICE by defendants of discovery requests re CV 94−3−H−LBE. (MGS) (Entered: 03/14/1995)

Case: 6:93-cv-46 As of: 07/02/2020 08:24 AM MDT 33 of 95

03/10/1995 03/10/1995 03/14/1995
03/14/1995 03/14/1995 03/14/1995
03/14/1995 03/14/1995 03/14/1995 03/14/1995 03/20/1995 03/21/1995 03/23/1995 03/24/1995 03/24/1995 03/24/1995 03/27/1995 03/27/1995 03/28/1995 03/30/1995

466 PROOF/NOTICE OF SERVICE by defendants of motion 449 on James Bingman @ his Gallatin Gateway address − re CV 93−63−H. (MGS) (Entered: 03/14/1995)
467 PROOF/NOTICE OF SERVICE by plaintiff Daniel W. Mason of discovery requests, re CV 92−112−M. (MGS) (Entered: 03/14/1995)
468 ORDER by Mag Judge Leif B. Erickson granting in part and denying in part Pltf Jack Burk's motion to compel filed 2/17/94 in CV 93−54−H; Pltf's request for cpys w/out cost is denied, Pltf shll be allowed time during inspection to make notes or reproduce cpys of the docs. (cc: all counsel) (MGS) (Entered: 03/27/1995)
469 ORDER by Mag Judge Leif B. Erickson denying motion for appointment of counsel in CV 93−54−H−LBE [254−1] (Jack Burk vs. Ward et al) (cc: all counsel) (MGS) (Entered: 03/27/1995)
470 ORDER by Mag Judge Leif B. Erickson lifting stay in Burk vs. Ward, CV 93−54−H, and setting PT Mtn & discovery schedules in that case. (cc: all counsel) (MGS) (Entered: 03/27/1995)
471 ORDER by Mag Judge Leif B. Erickson denying motion for appointment of counsel, re CV 94−21−H−LBE [71−1] denying motion for evidentiary hearing, re CV 94−21−H−LBE [72−1] − in Blaney vs. Bd of Pardons et al. (cc: all counsel) (MGS) (Entered: 03/27/1995)
472 ORDER by Mag Judge Leif B. Erickson setting PT Mtn & discovery schedules in Blaney v. Bd of Pardons, CV 94−21−H. (cc: all counsel) (MGS) (Entered: 03/27/1995)
473 ORDER by Mag Judge Leif B. Erickson denying Pltf James Bingman's Mtn for Summary Judgment & Order filed 1/24/94 in CV 933−63−H. (cc: all counsel) (MGS) (Entered: 03/27/1995)
474 ORDER by Mag Judge Leif B. Erickson denying Pltf Patrick Tye's request for preliminary injunctive relief in CV 94−61−H. (cc: all counsel) (MGS) (Entered: 03/27/1995)
475 NOTICE by defendant of taking deposition of Richard Duke Jungers on 04/03/95 @ 1:00 p.m. at MSP, re CV 93−82−H. (MGS) (Entered: 03/27/1995)
476 ORDER by Mag Judge Leif B. Erickson setting jury trial in Klooz vs. McCormick for April 17, 1995 in Missoula, PTC 4/12/95 @ 11:30 in Helena. (cc: all counsel) (MGS) (Entered: 03/27/1995)
477 MOTION by plaintiff Thomas Raymond Dahl to continue, re completion of grievance procedure in CV 94−44−H (MGS) (Entered: 03/27/1995)
478 PROOF/NOTICE OF SERVICE by defendant of discovery responses in CV 94−68−H. (MGS) (Entered: 03/27/1995)
479 MOTION by plaintiff Jack W. Burk for temporary injunctive relief , and temporary stay of proceedings in CV 93−54−H (MGS) (Entered: 03/27/1995)
480 MEMORANDUM/BRIEF by plaintiff Jack W. Burk in support of motion for temporary injunctive relief [479−1], of motion temporary stay of proceedings in CV 93−54−H [479−2] (MGS) (Entered: 03/27/1995)
481 STATEMENT by plaintiff Jack W. Burk in support of [479−1], in support of [479−2] (MGS) (Entered: 03/27/1995)
482 MOTION by plaintiff Shawn Clawson, plaintiff Dominic Puliafico to extend time to complete discovery in CV 94−33−H (MGS) (Entered: 03/27/1995)
483 PROOF/NOTICE OF SERVICE by defendants of responses to interrogs re CV 94−12−H−LBE, Anthel Brown vs. Day et al. (MGS) (Entered: 04/10/1995)
484 MOTION by plaintiff Patrick J. McKendry to extend motion & discovery deadlines in CV 94−11−H−LBE (MGS) (Entered: 04/10/1995)
485 MOTION by plaintiff Dennis E. Geary to extend time to respond to discovery in CV 94−68−H−LBE (MGS) (Entered: 04/10/1995)

Case: 6:93-cv-46 As of: 07/02/2020 08:24 AM MDT 34 of 95

03/30/1995 03/30/1995
03/30/1995 03/31/1995 04/04/1995
04/04/1995
04/04/1995 04/06/1995
04/06/1995
04/06/1995 04/06/1995 04/06/1995 04/07/1995
04/10/1995
04/11/1995 04/11/1995 04/11/1995 04/12/1995 04/12/1995 04/12/1995 04/14/1995 04/14/1995

486 MOTION by plaintiffs Terry Langford et al. for attorney fees & expenses re CV 92−13−H−LBE (MGS) (Entered: 04/10/1995)
487 MEMORANDUM/BRIEF by plaintiffs in support of motion for attorney fees & expenses re CV 92−13−H−LBE [486−1] − Exhibits in support thereto placed in separate brown expando file w/CV 92−13−H. (MGS) (Entered: 04/10/1995)
REMARK − END OF FILE FOLDER #11. (MGS) (Entered: 04/10/1995)
488 MOTION by defendants for summary judgment in CV 92−139−M−LBE, Bullchild vs. Board of Pardons et al. − w/out brief in support. (MGS) (Entered: 04/10/1995)
489 MOTION by plaintiff Shawn Clawson, plaintiff Dominic Puliafico to amend complaint in CV 94−33−H−LBE − w/memorandum in support. (MGS) (Entered: 04/10/1995)
490 MOTION by plaintiff Shawn Clawson, plaintiff Dominic Puliafico to compel discovery , and for sanctions − w/Memorandum in Support. (MGS) (Entered: 04/10/1995)
491 MOTION by defendants to extend time to respond to mtn 486 (MGS) (Entered: 04/10/1995)
492 ORDER by Mag Judge Leif B. Erickson granting motion to extend time to respond to mtn 486 [491−1]; defts have to April 14, l995 to so respond. (cc: all counsel) (MGS) (Entered: 04/10/1995)
493 REVISED PRETRIAL MOTION & DISCOVERY ORDER by Mag Judge Leif B. Erickson setting schedules in Clawson & Puliafico vs. Day, et al., CV 94−33−H−LBE. (cc: all counsel) (MGS) (Entered: 04/10/1995)
494 STATUS REPORT by plaintiff Jack W. Burk re CV 93−54−H−LBE. (MGS) (Entered: 04/10/1995)
495 MOTION by plaintiff Alvin Bullchild to extend time to file motions in CV 92−139−M−LBE (MGS) (Entered: 04/10/1995)
496 MOTION by defendants to vacate FPTC and jury trial set in Klooz vs. McCormick et al., CV 93−43−H−LBE (MGS) (Entered: 04/10/1995)
497 ORDER by Mag Judge Leif B. Erickson granting motion to extend time to file motions in CV 92−139−M−LBE [495−1], time extended 30 days. (cc: all counsel) (MGS) (Entered: 04/10/1995)
498 ORDER by Mag Judge Leif B. Erickson granting motion to vacate FPTC and jury trial set in Klooz vs. McCormick et al., CV 93−43−H−LBE [496−1] (cc: all counsel) (MGS) (Entered: 04/10/1995)
499 NOTICE by plaintiff Dennis E. Geary of his chng of address, frm MSP to Gt Falls Transition Cntr. (MGS) (Entered: 04/13/1995)
500 RESPONSE by plaintiff Duncan Peder McKenzie Jr. to defts' motion for smmry jgmnt filed in CV 92−67−H−CCL. (MGS) (Entered: 04/13/1995)
501 AFFIDAVIT of Duncan Peder McKenzie re [500−1] (MGS) (Entered: 04/13/1995)
502 MOTION by plaintiff Anthel Lavan Brown to compel discovery in CV 94−12−H−LBE , w/supporting memorandum. (MGS) (Entered: 04/13/1995)
503 MOTION by defendants to extend time to file motions re CV 94−68−H−LBE, Geary v. Day (MGS) (Entered: 04/19/1995)
504 MOTION by defendants to extend time to file motions in CV 94−12−H−LBE, Brown v. Day (MGS) (Entered: 04/19/1995)
505 MOTION by defendants to extend time to file response to motion for attys fees 486 (MGS) (Entered: 04/19/1995)
506 ORDER by Mag Judge Leif B. Erickson granting motion to extend time to file motions re CV 94−68−H−LBE, Geary v. Day [503−1] − parties grnted to May 12, 1995. (cc: all counsel) (MGS) (Entered: 04/19/1995)

Case: 6:93-cv-46 As of: 07/02/2020 08:24 AM MDT 35 of 95

04/14/1995
04/17/1995
04/18/1995 04/19/1995 04/21/1995 04/21/1995 04/21/1995 04/24/1995 04/24/1995 04/24/1995 04/24/1995 04/24/1995 04/24/1995 04/24/1995 04/25/1995 04/25/1995 04/26/1995
04/26/1995
04/26/1995
04/28/1995 04/28/1995 04/28/1995 04/28/1995 05/01/1995

507 ORDER by Mag Judge Leif B. Erickson granting motion to extend time to file motions in CV 94−12−H−LBE, Brown v. Day [504−1] − parties have to May 12, 1995. (cc: all counsel) (MGS) (Entered: 04/19/1995)
508 ORDER by Mag Judge Leif B. Erickson granting motion to extend time to file response to motion for attys fees 486 [505−1] − Defts have to April 28, 1995. (cc: all counsel) (MGS) (Entered: 04/19/1995)
509 MOTION by plaintiff James Dean Bingman to extend time to respond to motion 449 re CV 93−63−H, Bingman v. Ward (MGS) (Entered: 04/19/1995)
510 RESPONSE by defendants to motion to compel discovery [490−1] re CV 94−33−H−CCL. (MGS) (Entered: 05/30/1995)
511 MOTION by defendants to extend time to file motions in CV 94−3−H−LBE (MGS) (Entered: 05/30/1995)
512 MOTION by defendants to dismiss re CV 93−82−H−LBE (MGS) (Entered: 05/30/1995)
513 MOTION by defendants for leave to file discovery in CV 93−82−H−LBE (MGS) (Entered: 05/30/1995)
514 MOTION by defendants to extend time to file motions in CV 92−139−M (MGS) (Entered: 05/30/1995)
515 RESPONSE by defendants to motion to compel discovery [490−1] (MGS) (Entered: 05/30/1995)
516 MOTION by defendants for order holding action in abeyance, re CV 94−12−H (MGS) Modified on 09/27/1995 (Entered: 05/30/1995)
517 MOTION by defendants to extend time to file reply brief in CV 92−67−H−CCL (MGS) (Entered: 05/30/1995)
518 AFFIDAVIT of Scott C. Wurster re [486−1] (MGS) (Entered: 05/30/1995)
519 RESPONSE by defendants to pet'n for writ of habeas corpus in CV 94−21−H−LBE. (MGS) (Entered: 05/30/1995)
REMARK − END OF FILE FOLDER #12. (MGS) (Entered: 05/30/1995)
520 RESPONSE by plaintiff Jack W. Burk to defts' request to take his depo re CV 93−54−H−LBE. (MGS) (Entered: 05/30/1995)
521 STATUS REPORT by plaintiff Daniel W. Mason re CV 92−112−M−LBE. (MGS) (Entered: 05/30/1995)
522 ORDER by Mag Judge Leif B. Erickson granting motion to extend time to file motions in CV 92−139−M [514−1] − defts have to May 22, 1995. (cc: all counsel) (MGS) (Entered: 05/30/1995)
523 ORDER by Mag Judge Leif B. Erickson granting motion to extend time to file reply brief in CV 92−67−H−CCL [517−1] − defts have to May 15, 1995. (cc: all counsel) (MGS) (Entered: 05/30/1995)
524 ORDER by Mag Judge Leif B. Erickson granting motion to extend time to file motions in CV 94−3−H−LBE [511−1] − parties have to June 21, 1995. (cc: all counsel) (MGS) (Entered: 05/30/1995)
525 RESPONSE by defendants to motion for attorney fees & expenses re CV 92−13−H−LBE [486−1] (MGS) (Entered: 05/30/1995)
526 AFFIDAVIT of David Ohler re [525−1] (MGS) (Entered: 05/30/1995)
527 AFFIDAVIT of Keith Keller re [525−1] (MGS) (Entered: 05/30/1995)
528 AFFIDAVIT of Sally Johnson re [525−1] (MGS) (Entered: 05/30/1995)
529 ORDER by Mag Judge Leif B. Erickson setting jury trial in CV 93−43−H for July 17, 1995 @ 9:00 a.m. in Helena; PTC July 6, 1995 @ 2:00 in Missoula. (cc: all counsel)

Case: 6:93-cv-46 As of: 07/02/2020 08:24 AM MDT 36 of 95

05/04/1995 05/04/1995 05/04/1995 05/04/1995 05/04/1995 05/04/1995 05/05/1995 05/08/1995 05/08/1995 05/08/1995 05/09/1995 05/09/1995 05/11/1995 05/11/1995 05/12/1995 05/12/1995 05/12/1995 05/12/1995 05/12/1995

(MGS) (Entered: 05/30/1995)
530 PRETRIAL MOTION & DISCOVERY ORDER by Mag Judge Leif B. Erickson in CV 93−86−H−LBE; disc by 6/5/95; motions by July 20, 1995. (cc: all counsel) (MGS) (Entered: 05/30/1995)
531 ORDER by Mag Judge Leif B. Erickson granting motion to extend motion & discovery deadlines in CV 94−11−H−LBE [484−1] − parties have add'l 90 days. (cc: all counsel) (MGS) (Entered: 05/30/1995)
532 ORDER by Mag Judge Leif B. Erickson denying motion to extend time to respond to discovery in CV 94−68−H−LBE [485−1] (cc: all counsel) (MGS) (Entered: 05/30/1995)
533 ORDER by Mag Judge Leif B. Erickson granting motion for order to file discovery requests, re CV 94−68−H, Geary v. Day et al. [451−1] (cc: all counsel) (MGS) (Entered: 05/30/1995)
534 ORDER by Mag Judge Leif B. Erickson lifting stay in CV 93−27−H−LBE & setting FPTC for 6/l5/95 @ 2:00 in Missoula; nonjury trial June 21, 1995 @ 10:30 in Helena. (cc: all counsel) (MGS) (Entered: 05/30/1995)
535 PROOF/NOTICE OF SERVICE by defendants of supple disc requests in CV 94−3−H−LBE. (MGS) (Entered: 05/30/1995)
536 MOTION by defendants for order requiring pltf Eugene Blaney to supply new address, re CV 94−21−H−LBE (MGS) (Entered: 05/30/1995)
537 LETTER from John W. Munro stating he is a patient @ Warm Springs and wishes to be included in class action suit re lack of medical attention. (MGS) (Entered: 05/30/1995)
538 ORDER by Mag Judge Leif B. Erickson denying request to stay execution of Duncan McKenzie & denying request to take his video depo, re CV 92−67−H−CCL. (cc: all counsel) (MGS) (Entered: 05/30/1995)
539 ORDER by Mag Judge Leif B. Erickson that defts resp to John Byrne's request to dismiss, in CV 94−35−H−LBE. (cc: all counsel) (MGS) (Entered: 05/30/1995)
540 ORDER by Mag Judge Leif B. Erickson that cnsl convene attys' conf wk of June 26, l995 re CV 93−43−H−LBE, & lodge PTO by July 6, 1995. (cc: all counsel) (MGS) (Entered: 05/30/1995)
541 ORDER by Mag Judge Leif B. Erickson amending order 538 , & recommending same to Judge Lovell. (cc: all counsel) (MGS) (Entered: 05/30/1995)
542 ORDER by Mag Judge Leif B. Erickson granting motion for order requiring pltf Eugene Blaney to supply new address, re CV 94−21−H−LBE [536−1] − pltf has 10 days. (cc: all counsel) (MGS) (Entered: 05/30/1995)
543 ORDER by Mag Judge Leif B. Erickson granting motion to dismiss re CV 93−82−H−LBE [512−1], Richard Duke Jungers vs. Gamble et al. (cc: all counsel) (MGS) (Entered: 05/30/1995)
544 MOTION by defendants to hold action in abeyance − CV 94−12−H , w/brief in support. (MGS) (Entered: 06/09/1995)
545 MOTION by defendants for summary judgment in CV 94−68−H (MGS) (Entered: 06/09/1995)
546 MEMORANDUM/BRIEF by defendants in support of motion for summary judgment in CV 94−68−H [545−1] (MGS) (Entered: 06/09/1995)
547 STATEMENT of uncontroverted facts by defendants in support of [545−1] (MGS) (Entered: 06/09/1995)
548 MOTION by defendants for leave to file discovery, re CV 94−68−H , w/Brief in support. (MGS) (Entered: 06/09/1995)

Case: 6:93-cv-46 As of: 07/02/2020 08:24 AM MDT 37 of 95

05/12/1995 05/12/1995 05/12/1995 05/15/1995
05/15/1995
05/16/1995 05/16/1995 05/16/1995 05/16/1995 05/17/1995 05/17/1995 05/17/1995 05/17/1995 05/22/1995 05/22/1995 05/22/1995
05/22/1995
05/23/1995 05/23/1995 05/23/1995 05/23/1995 05/24/1995

549 PROOF/NOTICE OF SERVICE by defendant of discovery responses re CV 94−3−H. (MGS) (Entered: 06/09/1995)
550 MOTION by defendants for summary judgment re CV 93−75−H (MGS) (Entered: 06/09/1995)
551 MEMORANDUM/BRIEF by defendants in support of motion for summary judgment re CV 93−75−H [550−1] (MGS) (Entered: 06/09/1995)
552 ORDER by Mag Judge Leif B. Erickson granting motion for leave to file discovery, re CV 94−68−H [548−1], the exhibits attached to the motion are Accepted. (cc: all counsel) (MGS) (Entered: 06/09/1995)
553 ORDER by Mag Judge Leif B. Erickson granting motion for temporary injunctive relief [479−1], and motion temporary stay of proceedings in CV 93−54−H [479−2], in part, as to stay of existing schedule, and otherwise they are denied; vacating [470−1] order ; case management ddl set for 3:30 6/15/95 , scheduling conf @ Mssla. (cc: all counsel) (MGS) (Entered: 06/12/1995)
554 MOTION by plaintiff Terry Langford for leave to file amd complaint in CV 93−86−H (MGS) (Entered: 06/12/1995)
555 MOTION by plaintiff Terry Langford to continue mtn & discovery deadlines re CV 93−86−H (MGS) (Entered: 06/12/1995)
556 AFFIDAVIT of Dr. Jason Roan re dental work provided to Dennis E. Geary, CV 94−68−H (MGS) (Entered: 06/12/1995)
557 RESPONSE by defendants to John Byrne's Rule 41 motion, CV 94−35−H. (MGS) (Entered: 06/12/1995)
558 RESPONSE by plaintiff Anthel Brown to motion to hold action in abeyance − CV 94−12−H [544−1] (MGS) (Entered: 06/12/1995)
559 MOTION by plaintiff Anthel Brown for sanctions re CV 94−12−H (MGS) (Entered: 06/12/1995)
560 RESPONSE by defendants to motion to amend Robert Bridendolph's complaint in CV 94−51−H by adding 2 defts [324−1] (MGS) (Entered: 06/12/1995)
561 PROOF/NOTICE OF SERVICE by defendants of suppl discovery requests re CV 94−11−H (MGS) (Entered: 06/12/1995)
562 MOTION by plaintiffs for leave to file rply brf out of time, cv 92−13−H (MGS) (Entered: 06/12/1995)
563 MOTION by plaintiffs for oral argument on issue of attys fees re CV 92−13−H (MGS) (Entered: 06/12/1995)
564 ORDER by Mag Judge Leif B. Erickson granting motion for leave to file rply brf out of time, cv 92−13−H [562−1], pltfs have to 5/30/95 (cc: all counsel) (MGS) (Entered: 06/12/1995)
565 ORDER by Mag Judge Leif B. Erickson granting motion for oral argument on issue of attys fees re CV 92−13−H [563−1] ; in−court hearing set for 9:30 6/9/95 @ Mssla. (cc: all counsel) (MGS) (Entered: 06/12/1995)
566 MOTION by defendants for summary judgment in CV 92−139−M (MGS) (Entered: 06/12/1995)
567 MEMORANDUM/BRIEF by defendants in support of motion for summary judgment in CV 92−139−M [566−1] (MGS) (Entered: 06/12/1995)
568 STATEMENT of uncontroverted facts by defendants in support of [566−1] (MGS) (Entered: 06/12/1995)
REMARK − END OF FILE FOLDER #13. (MGS) (Entered: 06/12/1995)
569 RESPONSE by plaintiff Robert Close to motion for summary judgment re CV 93−75−H [550−1] (MGS) (Entered: 06/12/1995)

Case: 6:93-cv-46 As of: 07/02/2020 08:24 AM MDT 38 of 95

05/24/1995 05/24/1995 05/24/1995 05/25/1995 05/26/1995 05/26/1995 05/26/1995 05/30/1995 05/31/1995 06/01/1995 06/01/1995 06/02/1995 06/02/1995
06/02/1995
06/02/1995
06/02/1995
06/07/1995 06/09/1995
06/12/1995 06/13/1995 06/14/1995 06/14/1995

570 AFFIDAVIT of Robert Close re [569−1] (MGS) (Entered: 06/12/1995)
571 STATEMENT of genuine issues of material fact in dispute by plaintiff Robert Close in support of [569−1] (MGS) (Entered: 06/12/1995)
572 STATUS REPORT by defendants re CV 92−112−M. (MGS) (Entered: 06/12/1995)
573 MOTION by defendants to extend time to answer discovery requests re CV 94−12−H (MGS) (Entered: 06/12/1995)
574 SECOND STATUS REPORT by plaintiff Patrick J. McKendry, re CV 94−11−H (MGS) (Entered: 06/12/1995)
575 MOTION by defendants for summary judgment re CV 94−60−H (MGS) (Entered: 06/12/1995)
576 MEMORANDUM/BRIEF by defendants in support of motion for summary judgment re CV 94−60−H [575−1] (MGS) (Entered: 06/12/1995)
577 REPLY by plaintiff to response to motion for attorney fees & expenses re CV 92−13−H−LBE [486−1] file delivered to: L.Clk (MGS) (Entered: 06/12/1995)
578 MOTION by defendants to dismiss CV 94−21−H (MGS) (Entered: 06/12/1995)
579 MOTION by plaintiff Anthel Brown for ruling on [559, re CV 94−12−H (MGS) (Entered: 06/12/1995)
580 MOTION by plaintiff Jack W. Burk for appointment of counsel re CV 93−54−H (MGS) (Entered: 06/12/1995)
581 RESPONSE by defendants to motion to compel discovery in CV 93−75−H (MGS) (Entered: 06/12/1995)
582 MOTION by defendants to withdraw motion 544 , response to motion for sanctions 559 and to motion for add'l time to file a motion for summry jgmnt (MGS) (Entered: 06/12/1995)
583 ORDER by Mag Judge Leif B. Erickson granting motion to extend time to answer discovery requests re CV 94−12−H [573−1], Defts have to 6/26/95. (cc: all counsel) (MGS) (Entered: 06/12/1995)
584 ORDER by Mag Judge Leif B. Erickson granting voluntary dismissal of CV 94−35−H−LBE, John Byrne vs. Sullivan, et al. (cc: all counsel) (MGS) (Entered: 06/12/1995)
585 ORDER by Mag Judge Leif B. Erickson granting motion to dismiss CV 94−21−H [578−1], Eugene Blaney vs. MT ST Bd of Pardons et al. (cc: all counsel) (MGS) (Entered: 06/12/1995)
586 MOTION by plaintiff Shawn Clawson, plaintiff Dominic Puliafico to compel discovery re CV 94−33−H (MGS) (Entered: 06/12/1995)
587 MINUTES: vacating hearing re motion for attorney fees & expenses re CV 92−13−H−LBE [486−1]; cnsl Lopez, Sheehy and Keller present and wish to make further attempts to resolve matter of atty fees and expenses without hearing; telephone status conference set for 10:00 6/27/95 before Mag Judge Leif B. Erickson; crt orders $100,000.00 partial payment in advance, cnsl Lopez to prepare proposed Order. C/R: Tammy Stuckey (KJH) (Entered: 06/12/1995)
588 AFFIDAVIT of Sandy Heaton, Psychology Spec II at MSP, re Alvin Bullchild, CV 92−139−M (MGS) (Entered: 06/20/1995)
589 MOTION by plaintiff Anthel Lavan Brown for summary judgment in CV 94−12−H (MGS) (Entered: 06/20/1995)
590 MOTION by plaintiff Robert Close for order that dfts filed response untimely in CV 93−75−H (MGS) (Entered: 06/20/1995)
591 ATTORNEY APPEARANCE for plaintiff James L. Larson by Jeffrey T. Renz, re CV 93−27−H−LBE (MGS) (Entered: 06/20/1995)

Case: 6:93-cv-46 As of: 07/02/2020 08:24 AM MDT 39 of 95

06/15/1995
06/15/1995 06/15/1995 06/16/1995 06/16/1995 06/16/1995 06/16/1995
06/19/1995 06/19/1995 06/20/1995
06/21/1995 06/21/1995 06/21/1995 06/21/1995 06/21/1995 06/23/1995 06/23/1995 06/23/1995 06/23/1995 06/23/1995 06/26/1995 06/26/1995 06/26/1995

592 ORDER by Mag Judge Leif B. Erickson terminating motion for attorney fees & expenses re CV 92−13−H−LBE [486−1], w/n 30 days Defts shll pay to attys for Pltfs $100,000 in partial pymnt, which shll be credited agnst final amnt yet to be decided and ordered. Further, tel conf 6/27/95 shll be initiated by Crt to discuss status of resolution. (cc: all counsel) (MGS) (Entered: 06/20/1995)
593 MOTION by plaintiff James L. Larson for reconsideration of 273 , re CV 93−27−H−LBE (MGS) (Entered: 06/20/1995)
594 MOTION by plaintiff James L. Larson for order appnting expert witness, re CV 93−27−H−LBE (MGS) (Entered: 06/20/1995)
595 MOTION by defendants to extend time to file motions & brfs in CV 94−33−H (MGS) (Entered: 06/20/1995)
596 MOTION by defendants for summary judgment in CV 94−33−H (MGS) (Entered: 06/20/1995)
597 ORDER by Mag Judge Leif B. Erickson setting discovery & motions schedule in CV 93−54−H, Jack Burk vs. Ward et al. (cc: all counsel) (MGS) (Entered: 06/20/1995)
598 ORDER by Mag Judge Leif B. Erickson vacating trial date in Larson vs. Risley, CV 93−27−H and resetting to 9/18/95 9:00 in Missoula. (cc: all counsel) (MGS) (Entered: 06/20/1995)
600 MEMORANDUM/BRIEF by plaintiff Anthel Lavan Brown in support of motion for summary judgment in CV 94−12−H [589−1] (MGS) (Entered: 06/22/1995)
601 MOTION by defendants to suspend discovery in CV 94−12−H (MGS) Modified on 07/14/1995 (Entered: 06/22/1995)
599 ORDER by Mag Judge Leif B. Erickson granting motion to extend time to file motions & brfs in CV 94−33−H [595−1], Defts have to June 22, 1995. (cc: all counsel) (MGS) (Entered: 06/21/1995)
602 MOTION by defendants for summary judgment in CV 94−3−H (MGS) (Entered: 06/22/1995)
603 MEMORANDUM/BRIEF by defendants in support of motion for summary judgment in CV 94−3−H [602−1] (MGS) (Entered: 06/22/1995)
604 AFFIDAVIT of Janet Cox re [602−1] (MGS) (Entered: 06/22/1995)
605 STATEMENT of uncontroverted facts by defendants in support of [602−1] (MGS) (Entered: 06/22/1995)
REMARK − end of File Folder #14. (MGS) (Entered: 06/22/1995)
606 PROOF/NOTICE OF SERVICE by defendants of responses to discovery re CV 94−11−H (MGS) (Entered: 07/13/1995)
607 MOTION by defendants for summary judgment re CV 94−33−H (MGS) (Entered: 07/13/1995)
608 MEMORANDUM/BRIEF by defendants in support of motion for summary judgment re CV 94−33−H [607−1] (MGS) (Entered: 07/13/1995)
609 STATEMENT of uncontroverted facts by defendants in support of [607−1] (MGS) (Entered: 07/13/1995)
610 MOTION by defendants to suspend discovery re CV 94−33−H pending Crt's ruling on qualified immunity defense. (MGS) (Entered: 07/13/1995)
611 MOTION by plaintiff James E. Ball for settlement hearing re all his pending cases. (MGS) (Entered: 07/13/1995)
612 RESPONSE by defendants to motion to compel discovery re CV 94−33−H [586−1] (MGS) (Entered: 07/13/1995)
613 RESPONSE by defendants to motion for order that dfts filed response untimely in CV 93−75−H [590−1] (MGS) (Entered: 07/13/1995)

Case: 6:93-cv-46 As of: 07/02/2020 08:24 AM MDT 40 of 95

06/27/1995 06/27/1995 06/28/1995 06/28/1995 06/28/1995 06/29/1995 06/29/1995 06/30/1995 06/30/1995 07/07/1995 07/07/1995 07/07/1995 07/10/1995 07/10/1995 07/10/1995 07/11/1995 07/11/1995 07/11/1995
07/11/1995 07/12/1995

614 ORDER by Mag Judge Leif B. Erickson granting motion for summary judgment in Steven Grady Phillips v. Gamble, et al., CV 94−63−H [385−1] and dismissing that case. (cc: all counsel) (MGS) (Entered: 07/13/1995)
615 ORDER by Mag Judge Leif B. Erickson denying Robert Close's motion for order allowing Pltf's inmate writ writer present at any PT hrg [452−1] (cc: all counsel) (MGS) (Entered: 07/13/1995)
616 MOTION by plaintiff Thomas Raymond Dahl for order that he has complied w/grievance procedure, re CV 94−44−H (MGS) (Entered: 07/13/1995)
617 ORDER by Mag Judge Leif B. Erickson Ruling on motion for summary judgment in CV 93−83−H, David Oppelt v. Gamble [401−1] is reserved pending supplementation of the record as ordered. (cc: all counsel) (MGS) (Entered: 07/13/1995)
618 REPLY by plaintiff Anthel Lavan Brown to response to motion for summary judgment in CV 94−12−H [589−1] (MGS) (Entered: 07/13/1995)
619 ORDER by Mag Judge Leif B. Erickson setting motion & discovery deeadlines re CV 93−55−H. (cc: all counsel) (MGS) (Entered: 07/13/1995)
620 ORDER by Mag Judge Leif B. Erickson dismissing Lewis & Clark Cty Defts from Ford vs. County, CV 94−54−H−LBE. (cc: all counsel) (MGS) (Entered: 07/13/1995)
621 ORDER by Mag Judge Leif B. Erickson vacating trial date in Klooz v. McCormick, CV 93−43−H−LBE. (cc: all counsel) (MGS) (Entered: 07/13/1995)
622 ORDER by Mag Judge Leif B. Erickson setting evid/hrg on atty fees in CV 92−13−H for 7/27/95 @ 10:00 in Missoula. (cc: all counsel) (MGS) (Entered: 07/14/1995)
623 MOTION by plaintiff Shawn Clawson, plaintiff Dominic Puliafico to extend time to resp to mtn/summry jgmnt, re CV 94−33−H (MGS) (Entered: 07/14/1995)
624 THIRD STATUS REPORT by plaintiff Patrick J. McKendry re CV 94−11−H (MGS) (Entered: 07/14/1995)
625 ORDER by Mag Judge Leif B. Erickson granting in part motion to dismiss complaint filed in Bridendolph v. Day et al., CV 94−51−H [408−1] and reserving in part; Pltf shll file 2nd amd cmp w/n 30 days. (cc: all counsel) (MGS) (Entered: 07/14/1995)
626 ORDER by Mag Judge Leif B. Erickson setting mtn & disc deeadllines in CV 93−43−H (cc: all counsel) (MGS) (Entered: 07/14/1995)
627 ORDER by Mag Judge Leif B. Erickson lifting stay and setting mtn & disc deadlines in CV 93−63−H. (cc: all counsel) (MGS) (Entered: 07/14/1995)
628 ORDER by Mag Judge Leif B. Erickson granting Pltf James Bingman's request for contempt order & sanctions ordered agnst defts, re CV 93−63−H. (cc: all counsel) (MGS) (Entered: 07/14/1995)
629 ORDER by Mag Judge Leif B. Erickson granting motion to suspend discovery in CV 94−12−H [601−1], pending Crt's decision on Defts' qualified immunity defense. (cc: all counsel) (MGS) (Entered: 07/14/1995)
630 ORDER by Mag Judge Leif B. Erickson granting motion to extend time to resp to mtn/summry jgmnt, re CV 94−33−H [623−1], Pltfs hv to July 27, 1995. (cc: all counsel) (MGS) (Entered: 07/14/1995)
631 ORDER by Mag Judge Leif B. Erickson denying motion for summary judgment re CV 93−75−H [550−1] in part and granting it in part; and granting Pltf Robert Close's motion to compel discovery. (the motion for order that dfts filed response untimely in CV 93−75−H [590−1] is moot by granting of the mtn/compel) (cc: all counsel) (MGS) (Entered: 07/14/1995)
632 REPLY by defendants in 6:93−cv−00046 to response to motion for summary judgment in CV 94−12−H. (MGS) (Entered: 07/14/1995)
633 MOTION by plaintiff Alvin Bullchild to compel discovery, re CV 92−139−M (MGS) (Entered: 07/17/1995)

Case: 6:93-cv-46 As of: 07/02/2020 08:24 AM MDT 41 of 95

07/12/1995 07/12/1995 07/12/1995
07/12/1995 07/12/1995 07/13/1995
07/13/1995 07/14/1995
07/14/1995 07/17/1995 07/18/1995 07/18/1995 07/18/1995 07/18/1995 07/18/1995 07/19/1995 07/19/1995 07/19/1995 07/19/1995 07/20/1995 07/20/1995 07/20/1995 07/20/1995
07/24/1995

634 MEMORANDUM/BRIEF by plaintiff in support of motion to compel discovery, re CV 92−139−M [633−1] (MGS) (Entered: 07/17/1995)
635 ORDER by Mag Judge Leif B. Erickson denying motion for reconsideration of 273 , re CV 93−27−H−LBE [593−1] (cc: all counsel) (MGS) (Entered: 07/17/1995)
636 ORDER by Mag Judge Leif B. Erickson denying motion for order appnting expert witness, re CV 93−27−H−LBE [594−1] (cc: all counsel) (MGS) (Entered: 07/17/1995)
637 MOTION by defendants Paul Wheeler et al for summary judgment, re CV 94−11−H (MGS) (Entered: 07/17/1995)
638 PROOF/NOTICE OF SERVICE by defendants of suppl resp to interrog 7, re CV 94−11−H (MGS) (Entered: 07/17/1995)
639 ORDER by Mag Judge Leif B. Erickson granting motion to suspend discovery re CV 94−33−H [610−1], pending further order by Crt. (cc: all counsel) (MGS) (Entered: 07/17/1995)
640 ORDER by Mag Judge Leif B. Erickson denying Pltf Langford's motion for summary judgment in CV 93−2−H−LBE [11−1] (cc: all counsel) (MGS) (Entered: 07/17/1995)
641 ORDER by Mag Judge Leif B. Erickson denying Pltf Peterschick's request for prelim inj re CV 93−39−H, and setting mtn & disc deadlines. (cc: all counsel) (MGS) (Entered: 07/17/1995)
REMARK − END OF FILE FOLDER #15. (MGS) (Entered: 07/18/1995)
642 MOTION by defendant Jack McCormick for summary judgment in CV 92−112−M−LBE − no brief. (MGS) (Entered: 07/18/1995)
643 SUPPLEMENT by plaintiff Anthel L. Brown to his objection to defts' mtn for summry jgmnt in CV 94−12−H (MGS) (Entered: 07/18/1995)
644 RESPONSE by plaintiff David Oppelt to [617−1] (MGS) (Entered: 07/18/1995)
645 MOTION by plaintiff Patrick J. McKendry to strike mtn 637 as no brief filed (MGS) (Entered: 07/18/1995)
646 MEMORANDUM/BRIEF by defendants Wheeler et al in support of motion for summary judgment, re CV 94−11−H [637−1] (MGS) (Entered: 09/25/1995)
647 STATEMENT of facts by defendants Wheeler et al. in support of [637−1] (MGS) (Entered: 09/25/1995)
648 AFFIDAVIT of Darryl "Joe" Bruner in support of 637 (MGS) (Entered: 09/25/1995)
649 AFFIDAVIT of Lorelei Hughley in support of 637 (MGS) (Entered: 09/25/1995)
650 AFFIDAVIT of Janet Cox in support of 637 (MGS) (Entered: 09/25/1995)
651 AMENDED COMPLAINT by plaintiff James Dean Bingman in CV 93−63−H, adding dft Wade Heimbough (MGS) (Entered: 09/25/1995)
652 RESPONSE by defendants Wheeler et al. to motion to strike [645−1] (MGS) (Entered: 09/25/1995)
653 MOTION by plaintiff Thomas Raymond Dahl to dismiss CV 94−44−H−LBE (MGS) (Entered: 09/25/1995)
654 MOTION by plaintiff James Dean Bingman for contempt re dft Heimbough in CV 93−63−H (MGS) (Entered: 09/25/1995)
655 ORDER by Mag Judge Leif B. Erickson granting defts mtn for summary judgment in CV 92−17−M−LBE and dismissing case: Ronald L. White vs. Charles Hill et al. (cc: all counsel) (MGS) (Entered: 09/25/1995)
656 ORDER by Mag Judge Leif B. Erickson granting Hamid R. Kashani admission pro hac vice in CV 92−13−H. (cc: all counsel) (MGS) (Entered: 09/25/1995)

Case: 6:93-cv-46 As of: 07/02/2020 08:24 AM MDT 42 of 95

07/25/1995 07/25/1995 07/25/1995 07/25/1995 07/25/1995 07/25/1995 07/26/1995 07/26/1995
07/26/1995
07/26/1995
07/26/1995 07/26/1995
07/27/1995 07/27/1995 07/27/1995
07/27/1995 07/28/1995 07/28/1995 07/28/1995 07/28/1995 07/28/1995 07/31/1995

657 PROOF/NOTICE OF SERVICE by defendants of responses to interrogs & requests for production in CV 92−13−H (MGS) (Entered: 09/26/1995)
658 MOTION by plaintiff Terry Langford, plaintiff Duncan Peder McKenzie JR. for leave to file second amended complaint in CV 93−86−H (MGS) (Entered: 09/26/1995)
659 MOTION by plaintiff Terry Langford to continue discovery & mtn deadlines in CV 93−86−H (MGS) (Entered: 09/26/1995)
660 MEMORANDUM/BRIEF by plaintiff in support of motion to continue discovery & mtn deadlines in CV 93−86−H [659−1] (MGS) (Entered: 09/26/1995)
661 MOTION by plaintiff Terry Langford for appointment of counsel in CV 93−86−H (MGS) (Entered: 09/26/1995)
662 MEMORANDUM/BRIEF by plaintiff in support of motion for appointment of counsel in CV 93−86−H [661−1] (MGS) (Entered: 09/26/1995)
663 MOTION by plaintiff James Dean Bingman for entry of default as to defendants in CV 93−63−H (MGS) (Entered: 09/26/1995)
664 ORDER by Mag Judge Leif B. Erickson setting settlement conference in CV 94−11−H for ll/l5/95 @ 2:00 by telephone. (cc: all counsel) (MGS) (Entered: 09/26/1995)
665 ORDER by Mag Judge Leif B. Erickson granting motion to set date for settlement conference in CV 93−61−H−LBE [178−2] − set for ll/15/95 @ 9:30 by telephone. (cc: all counsel) (MGS) (Entered: 09/26/1995)
666 ORDER by Mag Judge Leif B. Erickson granting motion to lift discovery stay [178−1] in CV 93−61−H and setting case for trial by jury 1/15/96 in Helena. (cc: all counsel) (MGS) (Entered: 09/26/1995)
667 ORDER by Mag Judge Leif B. Erickson setting CV 94−11−H for jury trial on 1/15/96 in Helena as case #3. (cc: all counsel) (MGS) (Entered: 09/26/1995)
668 ORDER by Mag Judge Leif B. Erickson lifting stay in CV 93−20−H & grnting lv to pltf Birthmark to file an amended complaint. (cc: all counsel) (MGS) (Entered: 09/26/1995)
669 REPLY by defendants to response to motion for summary judgment in CV 94−3−H [602−1]. Individual file delivered to: L.Clk (MGS) (Entered: 09/26/1995)
670 RESPONSE by defendants to mtn for summary jgmnt filed by James Bingman in CV 93−63−H (MGS) (Entered: 09/26/1995)
671 ORDER by Mag Judge Leif B. Erickson dismissing complaint in CV 93−71−H, LaFley vs. St Bd of Pardons; Jgmnt entered in the individual file. (cc: all counsel) (MGS) (Entered: 09/26/1995)
672 MOTION by defendants to extend time to file brf in CV 93−75−H (MGS) (Entered: 09/26/1995)
673 ORDER by Mag Judge Leif B. Erickson resetting PTC in CV 92−112−M to 9/14/95 @ 3:15 in Missoula. (cc: all counsel) (MGS) (Entered: 09/26/1995)
674 MOTION by plaintiff Shawn Clawson, plaintiff Dominic Puliafico to dismiss complaint in CV 94−33−H (MGS) (Entered: 09/26/1995)
675 ORDER by Mag Judge Leif B. Erickson granting motion to extend time to file brf in CV 93−75−H [672−1], to 8/15/95. (cc: all counsel) (MGS) (Entered: 09/26/1995)
676 RESPONSE by plaintiff Patrick J. McKendry to motion for summary judgment, re CV 94−11−H [637−1] (MGS) (Entered: 09/26/1995)
677 MOTION by defendants to extend time to resp to mtn to compel in CV 92−139−M (MGS) (Entered: 09/26/1995)
678 MOTION by plaintiff Patrick J. McKendry for appointment of counsel in CV 94−11−H (MGS) (Entered: 09/27/1995)

Case: 6:93-cv-46 As of: 07/02/2020 08:24 AM MDT 43 of 95

07/31/1995
08/01/1995 08/02/1995 08/04/1995 08/04/1995 08/04/1995 08/04/1995 08/04/1995 08/07/1995 08/07/1995 08/07/1995 08/07/1995 08/08/1995 08/09/1995 08/11/1995 08/11/1995
08/11/1995 08/12/1995 08/14/1995 08/14/1995 08/14/1995 08/14/1995 08/14/1995

679 ORDER by Mag Judge Leif B. Erickson granting motion to extend time to resp to mtn to compel in CV 92−139−M [677−1] − Defts have 20 days frm this date. (cc: all counsel) (MGS) (Entered: 09/27/1995)
680 MOTION by defendants Jeff Ward et al to stay Order 628 pending appeal of CV 93−63−H (MGS) (Entered: 09/27/1995)
681 ANSWER by defendants to [651−1]; w/demand for Art III Judge and jury demand − re CV 93−63−H (MGS) (Entered: 09/27/1995)
682 ORDER by Mag Judge Leif B. Erickson granting pltf Bridendolph to 9/7/95 to file second amd cmp in CV 94−51−H. (cc: all counsel) (MGS) (Entered: 09/27/1995)
683 REPLY by defendants to response to motion for summary judgment, re CV 94−11−H [637−1] (MGS) (Entered: 09/27/1995)
684 RESPONSE by plaintiff Daniel W. Mason to mtn for summry jgmnt in CV 92−112−M (MGS) (Entered: 09/27/1995)
685 STATEMENT of genuine issues by plaintiff in support of [684−1] (MGS) (Entered: 09/27/1995)
686 MOTION by plaintiff Daniel W. Mason for leave to file discovery in CV 92−112−M (MGS) (Entered: 09/27/1995)
687 NOTICE by defendants of taking deposition of James Bingman on 8/10/95 at MSP, re CV 93−63−H (MGS) (Entered: 09/27/1995)
688 MOTION by defendants Jack McCormick et al for summary judgment in CV 93−43−H (MGS) (Entered: 09/27/1995)
689 RESPONSE by plaintiff James Dean Bingman to motion to stay Order 628 pending appeal of CV 93−63−H [680−1] (MGS) (Entered: 09/27/1995)
690 MOTION by plaintiff James Dean Bingman for summary judgment , and/or for court mediated settlement in CV 93−63−H (MGS) (Entered: 09/27/1995)
691 RESPONSE by defendants to motion for contempt re dft Heimbough in CV 93−63−H [654−1] (MGS) (Entered: 09/27/1995)
692 ORDER by Mag Judge Leif B. Erickson granting motion for leave to file discovery in CV 92−112−M [686−1] (cc: all counsel) (MGS) (Entered: 09/27/1995)
693 ATTORNEY APPEARANCE for plaintiff Robert Close by Edmund F. Sheehy Jr. in CV 93−75−H (MGS) (Entered: 09/27/1995)
694 ORDER by Mag Judge Leif B. Erickson denying motion to compel discovery in CV 94−12−H−LBE [502−1] withdrawing motion for order holding action in abeyance, re CV 94−12−H [516−1] denying motion for sanctions re CV 94−12−H [559−1] granting motion to withdraw motion 544 [582−1], granting motion for add'l time to file a motion for summry jgmnt [582−2], defts have 30 days to supplement the record. (cc: all counsel) (MGS) Modified on 09/27/1995 (Entered: 09/27/1995)
695 REPLY by plaintiff McKendry re [683−1] (MGS) (Entered: 09/27/1995)
REMARK − END OF FILE FOLDER #16. (MGS) (Entered: 09/27/1995)
696 NOTICE by defendants of taking deposition of James Bingman on 9/20/95 at MSP in CV 93−63−H (MGS) (Entered: 09/27/1995)
697 MOTION by defendants Ward et al to extend mtn & disc deadline in CV 93−63−H (MGS) (Entered: 09/27/1995)
698 MEMORANDUM/BRIEF by defendants in support of motion for summary judgment in CV 93−43−H [688−1] (MGS) (Entered: 09/27/1995)
699 STATEMENT of uncontroverted facts by defendants in support of [698−1] (MGS) (Entered: 09/27/1995)
700 MOTION by defendants Jack McCormick et al for leave to file discovery re CV 93−43−H (MGS) (Entered: 09/27/1995)

Case: 6:93-cv-46 As of: 07/02/2020 08:24 AM MDT 44 of 95

08/15/1995 08/15/1995 08/15/1995
08/15/1995
08/15/1995
08/15/1995 08/16/1995 08/16/1995 08/16/1995 08/17/1995 08/22/1995 08/22/1995 08/22/1995 08/22/1995 08/22/1995 08/24/1995 08/25/1995 08/29/1995 09/01/1995

701 MOTION by plaintiff Jack W. Burk to compel, re CV 93−54−H (MGS) (Entered: 09/27/1995)
702 ORDER by Mag Judge Leif B. Erickson granting motion for summary judgment in CV 93−83−H, David Oppelt v. Gamble [401−1], dismissing dfts Gamble, Sullivan & Med Review Panel from case. (cc: all counsel) (MGS) (Entered: 09/27/1995)
703 ORDER by Mag Judge Leif B. Erickson denying motion to dismiss complaint in CV 94−33−H [674−1] granting motion for summary judgment re CV 94−33−H [607−1], jgmnt entered in individual case and case dismissed. (motion to compel discovery re CV 94−33−H [586−1], motion to compel discovery [490−1], motion for sanctions [490−2], motion to amend complaint in CV 94−33−H−LBE [489−1], motion to extend time to complete discovery in CV 94−33−H [482−1] are all moot.) (cc: all counsel) (MGS) (Entered: 09/27/1995)
704 ORDER by Mag Judge Leif B. Erickson granting motion to dismiss CV 94−44−H−LBE [653−1], finding the motion for order that dft has complied w/grievance procedure, re CV 94−44−H [616−1] moot; claims as they relate to MT ST Dept of Corrections are dismissed w/prejudice in CV 94−44−H, Pltf shll submit amd cmp w/n 30 days. (cc: all counsel) (MGS) (Entered: 09/27/1995)
705 ORDER by Mag Judge Leif B. Erickson denying motion for summary judgment, re CV 94−11−H [637−1] as it relates to Dr. Autery, granting as to dfts Wheeler, Beck, Sullivan, Day & Bruner; denying motion for appointment of counsel in CV 94−11−H [678−1], denying motion to strike [645−1] (cc: all counsel) (MGS) (Entered: 09/27/1995)
MINUTES: granting motion for summary judgment in CV 94−33−H [596−1] (docketed in individual file and that case terminated) (MGS) (Entered: 01/30/1996)
706 RESPONSE by defendants to [692−1] (MGS) (Entered: 09/27/1995)
707 PRETRIAL MOTION AND DISCOVERY ORDER by Mag Judge Leif B. Erickson in CV 93−49−H (cc: all counsel) (MGS) (Entered: 09/27/1995)
708 ORDER by Mag Judge Leif B. Erickson granting motion for leave to file discovery re CV 93−43−H [700−1] − depos of Thomas Klooz & deft Seavey filed in individual file. (cc: all counsel) (MGS) (Entered: 09/27/1995)
709 ORDER by Mag Judge Leif B. Erickson Kenneth Miller has 30 days to respond to mtn for summry jgmnt in CV 94−3−M. (cc: all counsel) (MGS) (Entered: 09/27/1995)
710 RESPONSE by defendants to motion for summary judgment [690−1], to motion for court mediated settlement in CV 93−63−H [690−2] (MGS) (Entered: 09/27/1995)
711 MOTION by defendants to extend of time to respond to mtn to compel in CV 92−139−M (MGS) (Entered: 09/27/1995)
712 MOTION by plaintiff James Dean Bingman for hearing on mtn for contempt in CV 93−63−H (MGS) (Entered: 09/27/1995)
713 RESPONSE by plaintiff James Dean Bingman to motion to extend mtn & disc deadline in CV 93−63−H [697−1] − AND: (MGS) (Entered: 09/27/1995)
713 MOTION by plaintiff James Dean Bingman for appointment of counsel (contained in 713 above) (MGS) (Entered: 09/27/1995)
714 REPLY by plaintiff James Dean Bingman to response to motion for contempt re dft Heimbough in CV 93−63−H [654−1] (MGS) (Entered: 09/27/1995)
MINUTES: granting motion to extend time to respond to mtn to compel in CV 92−139−M [711−1] (docketed in individual file) (MGS) (Entered: 01/30/1996)
715 RESPONSE by defendants to motion for entry of default as to defendants in CV 93−63−H [663−1] (MGS) (Entered: 09/27/1995)
716 MOTION by defendant Jack McCormick to continue trial date in CV 92−112−M (MGS) (Entered: 09/27/1995)

Case: 6:93-cv-46 As of: 07/02/2020 08:24 AM MDT 45 of 95

09/01/1995 09/01/1995 09/01/1995 09/05/1995
09/06/1995 09/06/1995
09/07/1995 09/07/1995
09/08/1995
09/11/1995 09/11/1995 09/13/1995
09/14/1995 09/15/1995 09/15/1995 09/15/1995 09/18/1995 09/19/1995 09/19/1995 09/20/1995 09/20/1995

717 MOTION by defendants to extend time to file findings in CV 92−13−H (MGS) (Entered: 09/27/1995)
718 RESPONSE by plaintiff Anthel L. Brown to [694−1] (MGS) (Entered: 09/27/1995)
719 ORDER by Mag Judge Leif B. Erickson that pltf Klooz has to 9/8/95 to file resp to mtn for summry jgmnt. (cc: all counsel) (MGS) (Entered: 09/27/1995)
720 ORDER by Mag Judge Leif B. Erickson granting motion to extend time to file findings in CV 92−13−H [717−1], to 9/15/95. (cc: all counsel) (MGS) (Entered: 09/27/1995)
721 PRETRIAL MOTION AND DISCOVERY ORDER by Mag Judge Leif B. Erickson in CV 93−20−H (cc: all counsel) (MGS) (Entered: 09/27/1995)
722 ORDER by Mag Judge Leif B. Erickson granting motion to continue discovery & mtn deadlines in CV 93−86−H [659−1] granting motion to continue mtn & discovery deadlines re CV 93−86−H [555−1] − continued to 11/15/95 for mtns & discovery to 9/30/95; denying motion for appointment of counsel in CV 93−86−H [661−1] denying motion for leave to file amd complaint in CV 93−86−H [554−1] denying motion for leave to file second amended complaint in CV 93−86−H [658−1] (cc: all counsel) (MGS) (Entered: 09/27/1995)
723 MOTION by plaintiff James L. Larson to reset PTC in CV 93−27−H (MGS) (Entered: 09/27/1995)
724 ORDER by Mag Judge Leif B. Erickson granting motion to reset PTC in CV 93−27−H [723−1] − to 9/14/95 @ 2:45 in Missoula. (cc: all counsel) (MGS) (Entered: 09/27/1995)
725 ORDER by Mag Judge Leif B. Erickson granting motion to continue trial date in CV 92−112−M [716−1], to 11/6/95 @ 9:00 in Missoula. (cc: all counsel) (MGS) (Entered: 09/27/1995)
726 MOTION by defendants Jack McCormick et al to vacate trial in CV 93−43−H (MGS) (Entered: 09/27/1995)
727 MEMORANDUM/BRIEF by defendants in support of motion to vacate trial in CV 93−43−H [726−1] (MGS) (Entered: 09/27/1995)
728 ORDER by Mag Judge Leif B. Erickson dismissing CV 94−44−H w/prejudice; judgmnt entered in individual file & case closed. (cc: all counsel) (MGS) (Entered: 09/27/1995)
729 PROPOSED Findings of Fact & Conclusions of Law submitted by defendants in CV 92−13−H−LBE. (MGS) Modified on 09/27/1995 (Entered: 09/27/1995)
730 MOTION by defendants to extend time to file proposed findings in CV 92−13−H (MGS) (Entered: 09/28/1995)
731 TRIAL BRIEF FILED by defendants re CV 93−27−H (MGS) (HEG, ). (Entered: 09/28/1995)
732 OBJECTIONS by defendants to jury instructions submitted in CV 93−27−H (MGS) (Entered: 09/28/1995)
733 NOTICE by defendants of postponement of Bingman depo re CV 93−63−H (MGS) Modified on 09/28/1995 (Entered: 09/28/1995)
734 MOTION by defendants to withdraw motion to reset PTC in CV 92−112−M (MGS) Modified on 09/28/1995 (Entered: 09/28/1995)
735 MOTION by plaintiff James Dean Bingman to compel discovery re CV 93−63−H , and for sanctions (MGS) Modified on 09/28/1995 (Entered: 09/28/1995)
736 ORDER by Mag Judge Leif B. Erickson granting motion to withdraw motion to reset PTC in CV 92−112−M [733−1] (cc: all counsel) (MGS) (Entered: 09/28/1995)
737 AFFIDAVIT of Scott C. Wurster filed re CV 92−13−H (MGS) (Entered: 09/28/1995)

Case: 6:93-cv-46 As of: 07/02/2020 08:24 AM MDT 46 of 95

09/20/1995
09/20/1995
09/21/1995 09/22/1995
09/22/1995 09/26/1995 09/26/1995 09/26/1995 09/26/1995 09/26/1995 09/26/1995 09/27/1995 09/28/1995
09/28/1995 09/28/1995 09/28/1995 09/29/1995 09/29/1995 09/29/1995
10/02/1995 10/02/1995 10/02/1995

738 ORDER by Mag Judge Leif B. Erickson denying pltf's mtn for smmry jgmnt in CV 92−28−H, and granting in part & denying in part defts' mtn for sj. (cc: all counsel) (MGS) (Entered: 09/28/1995)
739 ORDER by Mag Judge Leif B. Erickson granting motion to extend time to file proposed findings in CV 92−13−H [730−1] − ptys hv to 9/22/95. (cc: all counsel) (MGS) (Entered: 09/28/1995)
740 REPLY by defendants to response to motion for summary judgment in CV 93−43−H [688−1] (MGS) (Entered: 09/28/1995)
741 ORDER by Mag Judge Leif B. Erickson granting in part defts' mtn to dismiss filed in CV 94−51−H, dismissing defts Day, Mahoney, Redfern & Neubauer w/prejudice. (cc: all counsel) (MGS) (Entered: 09/28/1995)
742 ORDER by Mag Judge Leif B. Erickson that w/n 20 days Defts supplement the record in CV 94−12−H (cc: all counsel) (MGS) (Entered: 09/28/1995)
743 MOTION by defendants to extend time to respond to mtn to compel in CV 92−139−M (MGS) (Entered: 09/28/1995)
744 MOTION by defendants to continue mtn & discovery deadlines in CV 93−63−H pending appeal (MGS) (Entered: 09/28/1995)
745 MOTION by plaintiffs Terry Langford et al for leave to file post−hrg docs instanter (MGS) (Entered: 09/28/1995)
REMARK − END OF FILE FOLDER #17. (MGS) (Entered: 09/28/1995)
746 POST−HEARING BRIEF FILED by plaintiffs Langford et al on mtn for attys' fees & expenses re CV 92−13−H (MGS) (Entered: 09/28/1995)
747 PROPOSED Findings of Fact & conclusions of law submitted by plaintiffs Langford et al in CV 92−13−H (MGS) Modified on 09/28/1995 (Entered: 09/28/1995)
748 MOTION by defendants to extend time to answer 2nd Amd Cmp in CV 94−51−H (MGS) (Entered: 10/10/1995)
749 ORDER by Mag Judge Leif B. Erickson granting motion to extend time to respond to mtn to compel in CV 92−139−M [743−1] − defts hv 30 days. (cc: all counsel) (MGS) (Entered: 10/10/1995)
750 ORDER by Mag Judge Leif B. Erickson granting motion for leave to file post−hrg docs instanter [745−1] (cc: all counsel) (MGS) (Entered: 10/10/1995)
751 ORDER by Mag Judge Leif B. Erickson vacatinb trial in CV 93−43−H; ptys shll file settlmnt docs by 10/6/95. (cc: all counsel) (MGS) (Entered: 10/10/1995)
MINUTES: [726−1] motion to vacate trial in CV 93−43−H terminated in individual file. (MGS) (Entered: 01/30/1996)
752 REPLY by defendants to response to motion for summary judgment in CV 94−3−H [602−1] (MGS) (Entered: 10/10/1995)
753 REPLY by defendants to response to motion for summry jgmnt in CV 93−54−H (MGS) (Entered: 10/11/1995)
754 ORDER by Mag Judge Leif B. Erickson granting motion to extend time to answer 2nd Amd Cmp in CV 94−51−H [748−1], Defts hv 30 add'l days. (cc: all counsel) (MGS) (Entered: 10/11/1995)
755 RESPONSE by plaintiff James Dean Bingman to ntc of postponement of depo in CV 93−63−H (MGS) (Entered: 10/11/1995)
756 RESPONSE by plaintiff James Dean Bingman to motion to continue mtn & discovery deadlines in CV 93−63−H pending appeal [744−1] (MGS) (Entered: 10/11/1995)
757 ORDER by Mag Judge Leif B. Erickson denying Pltf Little Bear's mtns for apptment of cnsl & to compel discovery, in CV 93−68−H. (cc: all counsel) (MGS) (Entered: 10/11/1995)

Case: 6:93-cv-46 As of: 07/02/2020 08:24 AM MDT 47 of 95

10/03/1995 10/03/1995
10/03/1995 10/04/1995 10/05/1995
10/05/1995 10/05/1995
10/06/1995 10/06/1995
10/11/1995
10/13/1995 10/17/1995 10/17/1995
10/17/1995
10/17/1995
10/17/1995
10/23/1995 10/23/1995 10/23/1995 10/23/1995 10/23/1995

758 MOTION by plaintiff Terry Langford for leave to file 3rd amd cmplnt in CV 93−86−H (MGS) (Entered: 10/11/1995)
759 MEMORANDUM/BRIEF by plaintiff in support of motion for leave to file 3rd amd cmplnt in CV 93−86−H [758−1] (MGS) Modified on 11/09/1995 (Entered: 10/11/1995)
785 ANSWER by defendant to second amd cmplnt filed in CV 94−51−H; jury demand (MGS) (Entered: 11/09/1995)
760 MOTION by defendants to extend time to file rply brfs in CV 92−13−H (MGS) (Entered: 10/11/1995)
761 ORDER by Mag Judge Leif B. Erickson granting motion to extend mtn & disc deadline in CV 93−63−H [697−1], pending outcome of the appeal. (cc: all counsel) (MGS) (Entered: 10/11/1995)
762 STATUS REPORT by plaintiff Patrick J. McKendry re CV 94−11−H (MGS) (Entered: 10/11/1995)
763 ORDER by Mag Judge Leif B. Erickson granting motion to extend time to file rply brfs in CV 92−13−H [760−1], to 10/23/95. (cc: all counsel) (MGS) (Entered: 10/11/1995)
764 NOTICE by defendants of RENEWAL OF MOTION FOR SUMMARY JUDGMENT in CV 92−112−M (MGS) (Entered: 10/11/1995)
765 ORDER by Mag Judge Leif B. Erickson re CV 93−54−H, that FPTO due 10/11/95; FPTC 10/11/95 @ 2:30 by phone; jury trial remains 10/23/95 in Helena. (cc: all counsel, USM, Clk−Hlna) (MGS) (Entered: 10/11/1995)
766 ORDER by Mag Judge Leif B. Erickson re Burk v. Ward, CV 93−54−H, granting defts' Motion for Summry Jgmnt as to defts Day and Beck and otherwise denying mtn. (cc: all counsel) (MGS) (Entered: 11/09/1995)
767 RESPONSE by defendants to [742−1] (MGS) (Entered: 11/09/1995)
768 ORDER by Mag Judge Leif B. Erickson denying motion for appointment of counsel in CV 94−26−H [369−1] (cc: all counsel) (MGS) (Entered: 11/09/1995)
769 ORDER by Mag Judge Leif B. Erickson denying Pltf's motions for entry of default and for appntmnt of cnsl in CV 94−64−H; and lifting stay in that case. Defts hv 20 days to answer cmplnt. (cc: all counsel) (MGS) (Entered: 11/09/1995)
770 ORDER by Mag Judge Leif B. Erickson resetting jury trial in Mason v. Day, CV 93−61−H, to 1/22/96 in Helena; Clk shll issue revised Writ of HC ad Testificandum. (cc: all counsel) (MGS) (Entered: 11/09/1995)
771 ORDER by Mag Judge Leif B. Erickson denying Pltf's motion for prelim inj, Defts' mtn to dismiss & Pltf's motion for permissive joinder of parties in Collins vs. Gamble, CV 93−81−H; stay in this case is lifted. (cc: all counsel) (MGS) (Entered: 11/09/1995)
772 ORDER by Mag Judge Leif B. Erickson setting trial in Gorder v. Sullivan, CV 94−26−H, for 1/22/96 in Helena w/atty conf @ 8:30 a.m.; Clk shll issue Writ of HC ad Testificandum. (cc: all counsel) (MGS) (Entered: 11/09/1995)
773 DEFENDANTS' REPLY BRIEF RE ATTYS' FEES in CV 92−13−H (MGS) (Entered: 11/09/1995)
774 RESPONSE by plaintiffs Langford et al to Defts' proposed findings & conclusions re attys' fees in CV 92−13−H (MGS) (Entered: 11/09/1995)
REMARK − END OF FILE FOLDER #18. (MGS) (Entered: 11/09/1995)
775 SUPPLEMENTAL FEE PETITION by plaintiffs Langford et al in CV 92−13−H (MGS) (Entered: 11/09/1995)
776 MEMORANDUM/BRIEF by plaintiffs in support of [775−1] (MGS) (Entered: 11/09/1995)

Case: 6:93-cv-46 As of: 07/02/2020 08:24 AM MDT 48 of 95

10/23/1995 10/27/1995
10/27/1995 10/27/1995
10/27/1995 10/27/1995 10/30/1995 10/30/1995 10/30/1995 10/30/1995 10/31/1995 10/31/1995 11/03/1995 11/06/1995 11/06/1995 11/07/1995 11/07/1995 11/07/1995 11/08/1995
11/08/1995

777 EXHIBITS filed in support of 775 (MGS) (Entered: 11/09/1995)
778 ORDER by Mag Judge Leif B. Erickson granting motion for summary judgment in CV 94−3−H [602−1] as it relates to dft Beverly Beck; and reserving ruling on dfts McCormick & Williams until record is supplemented. (cc: all counsel) (MGS) (Entered: 11/09/1995)
779 ORDER by Mag Judge Leif B. Erickson denying motion for summary judgment in CV 92−112−M−LBE [642−1] (cc: all counsel) (MGS) (Entered: 11/09/1995)
780 ORDER by Mag Judge Leif B. Erickson granting Defts' motion for summry Jdgmnt in CV 94−12−H, all claims dismissed w/prejudice & Clk shll enter Jdgmnt in that case. (the motion for ruling [579−1] and motion [589−1] are moot.) (cc: all counsel) (MGS) (Entered: 11/09/1995)
781 Supplemental MOTION by plaintiffs Terry Langford et al for attorney fees & expenses in CV 92−13−H (MGS) (Entered: 11/09/1995)
782 AFFIDAVIT of Edmund F. Sheehy, Jr. re 781 (MGS) (Entered: 11/09/1995)
783 PROPOSED Findings of Fact and Conclusions of Law submitted by plaintiff James L. Larson re CV 93−27−H (MGS) Modified on 11/09/1995 (Entered: 11/09/1995)
784 MEMORANDUM/BRIEF by plaintiff in support of 783 (MGS) (Entered: 11/09/1995)
786 RESPONSE by defendants to motion to compel discovery, re CV 92−139−M [633−1] (MGS) (Entered: 11/09/1995)
787 MEMORANDUM/BRIEF by defendants in support of motion response [786−1] (MGS) (Entered: 11/09/1995)
788 MOTION by plaintiff Patrick J. McKendry for separate trials, re CV 94−11−H (MGS) (Entered: 11/09/1995)
789 MOTION by plaintiff Thomas F. Klooz to compel, in CV 93−43−H (MGS) (Entered: 11/09/1995)
790 ORDER by Mag Judge Leif B. Erickson setting motion and discovery deadlines in CV 94−51−H. (cc: all counsel) (MGS) (Entered: 11/09/1995)
791 AFFIDAVIT of Scott C. Wurster re 781 (MGS) (Entered: 11/09/1995)
792 ORDER by Mag Judge Leif B. Erickson denying pltf Clifford Vielle's request for a protective order in CV 92−28−H − Pltf has appealed case to USCA and this Crt is w/out jurisdiction. (cc: all counsel) (MGS) (Entered: 11/09/1995)
793 MOTION by defendants Pete McPhail et al to dismiss complaint in CV 94−64−H (MGS) (Entered: 11/09/1995)
794 RESPONSE by defendants to supplemental motion for attorney fees & expenses in CV 92−13−H [781−1] (MGS) (Entered: 11/09/1995)
795 MOTION by plaintiff Jack W. Burk to dismiss CV 94−64−H−LBE (MGS) Modified on 01/29/1996 (Entered: 11/09/1995)
796 ORDER by Mag Judge Leif B. Erickson denying motion for summary judgment [690−1], denying motion for court mediated settlement in CV 93−63−H [690−2] denying motion for hearing on mtn for contempt in CV 93−63−H [712−1] denying motion for contempt re dft Heimbough in CV 93−63−H [654−1] granting motion to stay Order 628 pending appeal of CV 93−63−H [680−1] granting motion to continue mtn & discovery deadlines in CV 93−63−H pending appeal [744−1] denying motion for hearing on mtn for contempt in CV 93−63−H [712−1] granting motion to compel discovery re CV 93−63−H [735−1] denying motion for sanctions [734−2]. (cc: all counsel) (MGS) (Entered: 11/09/1995)
MINUTES: [713−1] motion for appointment of counsel terminated in individual file, CV 93−63−H (MGS) (Entered: 01/30/1996)

Case: 6:93-cv-46 As of: 07/02/2020 08:24 AM MDT 49 of 95

11/08/1995 11/09/1995
11/13/1995 11/14/1995 11/15/1995 11/16/1995 11/17/1995 11/17/1995
11/20/1995 11/27/1995 11/27/1995
11/29/1995 11/30/1995 11/30/1995
11/30/1995 12/06/1995 12/07/1995 12/07/1995 12/08/1995 12/08/1995 12/11/1995
12/13/1995

MINUTES: denying motion for entry of default as to defendants in CV 93−63−H [663−1] by Mag Judge Leif B. Erickson in Order 796 (MGS) (Entered: 03/12/1996)
797 ORDER by Mag Judge Leif B. Erickson granting motion for attorney fees & expenses in CV 92−13−H [781−1], Pltfs entitled to total amnt of $232,131.44 fees, costs & expenses, in add'n to previous advance of $100,000.00. (cc: all counsel) (MGS) (Entered: 01/29/1996)
798 RESPONSE by defendants to motion to dismiss CV 94−64−H−LBE [795−1] (MGS) (Entered: 01/29/1996)
799 RESPONSE by defendants to motion for separate trials, re CV 94−11−H [788−1] (MGS) (Entered: 01/29/1996)
800 ORDER by Mag Judge Leif B. Erickson denying motion for separate trials, re CV 94−11−H [788−1] (cc: all counsel) (MGS) (Entered: 01/29/1996)
801 MOTION by defendants to extend time to respond to 778 (MGS) (Entered: 01/29/1996)
802 NOTICE by defendants of taking deposition of James Dean Bingman on 12/12/95 @ 10:00 a.m. at MSP (MGS) (Entered: 01/29/1996)
803 ORDER by Mag Judge Leif B. Erickson denying motion for settlement hearing @ MSP [611−1], and containing motion & discovery deadlines. (cc: all counsel) (MGS) (Entered: 01/29/1996)
804 ORDER by Mag Judge Leif B. Erickson granting motion to extend time to respond to 778 [801−1], Defts have add'l 20 days. (cc: all counsel) (MGS) (Entered: 01/29/1996)
805 REPLY by plaintiffs re [794−1] (MGS) (Entered: 01/29/1996)
MINUTES: granting motion to dismiss complaint in CV 94−64−H [793−1] granting motion to dismiss CV 94−64−H−LBE [795−1] − orders & jgmnt entered in individual file. (MGS) (Entered: 01/30/1996)
806 MOTION by plaintiffs for entry of judgment re atty fees in CV 92−13−H (MGS) (Entered: 01/29/1996)
807 AMENDMENT by plaintiff to [806−1] (MGS) (Entered: 01/29/1996)
808 ORDER by Mag Judge Leif B. Erickson granting motion for summary judgment in CV 93−43−H [688−1] except as the mtn relates to Deft Leonard Hoar & the second visual body cavity seqarch. (cc: all counsel) (MGS) (Entered: 01/29/1996)
REMARK − END OF FILE FOLDER #19. (MGS) (Entered: 01/29/1996)
809 SUPPLEMENT by defendants re motion for summary judgment in CV 94−3−H [602−1] (MGS) (Entered: 01/29/1996)
810 ORDER by Mag Judge Leif B. Erickson CV 93−2−H−LBE, Langford vs. Chisholm, on plaintiff's motion. (cc: all counsel) (MGS) (Entered: 01/29/1996)
811 ORDER by Mag Judge Leif B. Erickson that pet'r resp to 566 by 1/8/96. (cc: all counsel) (MGS) (Entered: 01/29/1996)
812 ORDER by Mag Judge Leif B. Erickson dismissing CV 93−55−H−LBE, Laird vs. Gamble, on stipulation of the ptys. (cc: all counsel) (MGS) (Entered: 01/29/1996)
813 ORDER by Mag Judge Leif B. Erickson striking motion to compel, in CV 93−43−H [789−1] (cc: all counsel) (MGS) (Entered: 01/29/1996)
814 ORDER by Mag Judge Leif B. Erickson granting motion for entry of partial judgment re atty fees in CV 92−13−H [806−1] − jgmnt entered in individual case. (cc: all counsel) (MGS) (Entered: 01/29/1996)
815 ORDER by Mag Judge Leif B. Erickson dismissing CV 93−81−H−LBE, Daniel Collins v. Gamble et al., for failure to prosecute. (cc: all counsel) (MGS) (Entered: 01/29/1996)

Case: 6:93-cv-46 As of: 07/02/2020 08:24 AM MDT 50 of 95

12/18/1995 12/27/1995 12/29/1995
12/29/1995
01/04/1996
01/05/1996 01/08/1996 01/08/1996
01/08/1996 01/08/1996 01/08/1996
01/16/1996 01/18/1996
01/22/1996 01/22/1996 01/22/1996 01/23/1996 01/23/1996
01/23/1996 01/23/1996
01/23/1996

816 NOTICE of attys lien filed by firm of Ogle & Worm, re CV 92−13−H (MGS) (Entered: 01/29/1996)
817 MOTION by plaintiff James Dean Bingman for crt ordered penalties for failure to provide discovery in CV 93−63−H (MGS) (Entered: 01/30/1996)
818 ORDER by Mag Judge Leif B. Erickson dismissing CV 93−40−H & CV 93−56−H, Thompson et al. v. State et al., for failure to prosecute; jdgmnt entered in individual files. (cc: all counsel) (MGS) (Entered: 01/30/1996)
819 ORDER by Mag Judge Leif B. Erickson denying Langford's motion for leave to file 3rd amd cmplnt in CV 93−86−H [758−1], & ordering that Timothy K. Ford be substituted for Duncan Peder McKenzie, one of the Pltfs herein, as PR of his Estate. (cc: all counsel) (MGS) (Entered: 01/30/1996)
820 ORDER by Mag Judge Leif B. Erickson vacating PTC & trial date in Mason v. Day, CV 93−61−H, & ordering pltf to submit amd cmp w/n 20 days. (cc: all counsel) (MGS) (Entered: 01/30/1996)
821 NOTICE by defendants of appeal to 9th Circuit USCA frm jgmnt in CV 92−13−H − appeal processed in individual file. (MGS) (Entered: 01/30/1996)
822 RESPONSE by defendants to motion for crt ordered penalties for failure to provide discovery in CV 93−63−H [817−1] (MGS) (Entered: 01/30/1996)
823 RESPONSE by Alvin Bullchild to motion for summary judgment in CV 92−139−M−LBE, Bullchild vs. Board of Pardons et al. [488−1] (MGS) (Entered: 01/30/1996)
824 AFFIDAVIT of Jeffrey T. Renz re [823−1] (MGS) (Entered: 01/30/1996)
825 STATEMENT of undisputed issues by plaintiff in support of [823−1] (MGS) (Entered: 01/30/1996)
826 ORDER by Mag Judge Leif B. Erickson appnting atty Edmund F. Sheehy, Jr. to rep Patrick McKendry in CV 94−11−H, and vacating PTC & trial date. (cc: all counsel) (MGS) (Entered: 01/30/1996)
827 MOTION by defendants James Gamble et al. for summary judgment in CV 93−86−H (MGS) (Entered: 01/30/1996)
828 ORDER by Mag Judge Leif B. Erickson that Crt will dismiss CV 93−49−H on 2/21/96, unless pltf Daniel Radi shows good cause why not. (cc: all counsel) (MGS) (Entered: 01/30/1996)
829 MOTION by defendants to extend time to file motions in CV 93−86−H (MGS) (Entered: 01/30/1996)
830 MOTION by defendants to extend time to resp to mtn in CV 93−63−H (MGS) (Entered: 01/30/1996)
831 MOTION by defendants to extend time to file brf in CV 92−139−M (MGS) (Entered: 01/30/1996)
832 ORDER by Mag Judge Leif B. Erickson that pltf Godfrey file resp to 575 w/n 20 days. (cc: all counsel) (MGS) (Entered: 01/30/1996)
833 ORDER by Mag Judge Leif B. Erickson that Crt will dismiss CV 93−76−H on 2/23/96, unless pltf Russell Rogers shows good cause why not. (cc: all counsel) (MGS) (Entered: 01/30/1996)
834 RESPONSE by plaintiff Terry Langford to motion for summary judgment in CV 93−86−H [827−1] (MGS) (Entered: 01/30/1996)
835 ORDER by Mag Judge Leif B. Erickson granting summary jgmnt to defts in CV 94−3−H, Kenneth Miller vs. McCormick; jgmnt entered in individual file. (cc: all counsel) (MGS) (Entered: 01/30/1996)
836 ORDER by Mag Judge Leif B. Erickson denying pltf Peterschick's mtn to compel in CV 93−39−H & ordering him to resp to dft's mtn for sumjgm w/n 10 days. (cc: all

Case: 6:93-cv-46 As of: 07/02/2020 08:24 AM MDT 51 of 95

01/23/1996 01/24/1996
01/24/1996 01/24/1996
01/24/1996
01/24/1996
01/29/1996 02/01/1996
02/01/1996 02/01/1996 02/07/1996
02/08/1996
02/13/1996 02/13/1996 02/14/1996 02/20/1996 02/20/1996 02/21/1996
02/21/1996 02/21/1996

counsel) (MGS) (Entered: 01/30/1996)
837 ORDER by Mag Judge Leif B. Erickson that James Ball file amd cmp by 2/20/96 in CV 92−41−H. (cc: all counsel) (MGS) (Entered: 01/30/1996)
838 ORDER by Mag Judge Leif B. Erickson setting jury trial in CV 94−54−H, Troy Ford v. L&C Cty et al, for 5/20/96 @ Helena. (cc: all counsel) (MGS) (Entered: 01/30/1996)
839 ORDER by Mag Judge Leif B. Erickson that pltf Dennis Geary file resp to 545 w/n 20 days. (cc: all counsel) (MGS) (Entered: 01/30/1996)
840 ORDER by Mag Judge Leif B. Erickson granting motion to extend time to file brf in CV 92−139−M [831−1], dfts have 10 add'l days. (cc: all counsel) (MGS) (Entered: 01/30/1996)
841 ORDER by Mag Judge Leif B. Erickson granting motion to extend time to file motions in CV 93−86−H [829−1], dfts hv to 2/19/96. (cc: all counsel) (MGS) (Entered: 01/30/1996)
842 ORDER by Mag Judge Leif B. Erickson granting motion to extend time to resp to mtn in CV 93−63−H [830−1], dfts hv to 2/1/96. (cc: all counsel) (MGS) (Entered: 01/30/1996)
843 MOTION by plaintiff Robert Lee Bridendolph to dismiss CV 94−51−H (MGS) (Entered: 01/30/1996)
844 REPLY by defendants to response to motion for summary judgment in CV 92−139−M−LBE, Bullchild vs. Board of Pardons et al. [488−1]. Individual file delivered to: PS/LC (MGS) (Entered: 02/02/1996)
845 MOTION by plaintiff Terry Langford for order allowing visits w/inmate witnesses, re CV 93−86−H (MGS) (Entered: 02/02/1996)
846 RESPONSE by defendants to Bingman's motion for summary judgment in CV 93−63−H. (MGS) (Entered: 02/21/1996)
847 ORDER by Mag Judge Leif B. Erickson denying Clifford Vielle's mtns for protective order and evidentiary hrg filed in CV 92−28−H. (cc: all counsel) (MGS) (Entered: 02/21/1996)
848 ORDER by Mag Judge Leif B. Erickson granting motion to dismiss CV 94−51−H [843−1]; Judgment entered in individual file. (cc: all counsel) (MGS) (Entered: 02/21/1996)
849 REPLY by plaintiff James Dean Bingman re [846−1] (MGS) (Entered: 02/21/1996)
850 REPLY by plaintiff James Dean Bingman to response to mtn for TRO in CV 93−63−H − individual file to PS/LC. (MGS) (Entered: 02/21/1996)
851 MOTION by defendants to dismiss CV 93−61−H, Daniel Mason v. Day et al. − no brief. (MGS) (Entered: 02/21/1996)
852 MEMORANDUM/BRIEF by defendants in support of motion for summary judgment in CV 93−86−H [827−1] (MGS) (Entered: 02/21/1996)
853 STATEMENT of uncontroverted facts by defendant in support of [827−1] (MGS) (Entered: 02/21/1996)
854 ORDER by Mag Judge Leif B. Erickson granting motion to dismiss CV 93−61−H, Daniel Mason v. Day et al. [851−1]; Judgment entered in individual file. (cc: all counsel) (MGS) (Entered: 02/21/1996)
855 AFFIDAVIT of Dave Beatty, MSP Law Librarian re [852−1] (MGS) (Entered: 02/27/1996)
856 ORDER by Mag Judge Leif B. Erickson granting motion for summary judgment in CV 92−139−M−LBE, Bullchild vs. Board of Pardons et al. [488−1] and [566−1], denying motion to compel discovery, re CV 92−139−M [633−1] − Alvin Bullchild v. Board of Pardons dismissed, Judgment entered in individual file. (cc: all counsel)

Case: 6:93-cv-46 As of: 07/02/2020 08:24 AM MDT 52 of 95

02/22/1996 02/22/1996 02/23/1996 02/23/1996 02/23/1996 02/23/1996 02/27/1996 02/27/1996 03/01/1996 03/04/1996 03/04/1996 03/04/1996 03/05/1996 03/06/1996 03/07/1996 03/12/1996
03/12/1996 03/12/1996 03/12/1996

(MGS) (Entered: 02/27/1996)
857 ORDER by Mag Judge Leif B. Erickson granting defts' mtn for summary judgment in CV 93−39−H−LBE, Peterschick vs. Cherico et al.; this case dismissed & Judgment entered in individual file. (cc: all counsel) (MGS) (Entered: 02/27/1996)
858 ORDER by Mag Judge Leif B. Erickson granting motion for summary judgment in CV 94−68−H [545−1], Dennis Geary vs. Day et al.; this case dismissed & Judgment entered in individual file. (cc: all counsel) (MGS) (Entered: 02/27/1996)
859 MOTION by defendant Lewis & Clark Cty to extend time to file motions in CV 94−54−H (MGS) (Entered: 02/27/1996)
ATTORNEY APPEARANCE for defendants by Diana P. Leibinger, additional legal counsel for Dept of Corrections (contained in Motion 859 ) (MGS) (Entered: 02/27/1996)
860 ORDER by Mag Judge Leif B. Erickson re−setting jury trial in CV 94−54−H, Troy Ford v. County et al., for 5/13/96 @ Helena; Clk shll issue Writ HC ad Testificandum accordingly. (cc: all counsel) (MGS) Modified on 02/27/1996 (Entered: 02/27/1996)
861 ORDER by Mag Judge Leif B. Erickson granting motion to extend time to file motions in CV 94−54−H [859−1], to March 1, 1996. (cc: all counsel) (MGS) Modified on 02/27/1996 (Entered: 02/27/1996)
862 FINDINGS & RECOMMENDATION by Mag Judge Leif B. Erickson recommending CV 93−49−H, Daniel Radi vs. McCormick et al. be dismissed under Rule 41(b) − individual file sent to Helena for Judge Lovell. (MGS) (Entered: 02/29/1996)
863 ORDER by Mag Judge Leif B. Erickson that CV 93−76−H−LBE, Russell Rogers vs. Burgess, et al. be dismissed under Rule 4l(b) − judgment entered in individual file. (MGS) (Entered: 02/29/1996)
864 MOTION by defendants Dept Corr Personnel for summary judgment in CV 94−54−H, Troy Ford vs. Lewis & Clark Cty et al , w/brf & afdt in support. (MGS) (Entered: 03/04/1996)
865 RESPONSE by plaintiff Terry Langford to motion for summary judgment in CV 93−86−H [827−1] (MGS) (Entered: 03/05/1996)
866 STATEMENT of disputed facts by plaintiff Terry Langford in support of [865−1] (MGS) (Entered: 03/05/1996)
REMARK − END OF FILE FOLDER #20. (MGS) (Entered: 03/05/1996)
867 AFFIDAVIT of Lorelei Hughley, Med Records Tech @ MSP, re [864−1] (MGS) (Entered: 03/12/1996)
868 ORDER by Mag Judge Leif B. Erickson granting motion for summary judgment re CV 94−60−H [575−1], James A. Godfrey vs. Rick Day et al. dismissed; Judgment entered in individual file. (cc: all counsel) (MGS) (Entered: 03/12/1996)
869 MOTION by defendants to dismiss CV 92−77−GF, 92−115−GF, 92−41−H, James Ball vs. McCormick et al. − (no brief) (MGS) (Entered: 03/12/1996)
870 FINDINGS AND RECOMMENDATION by Mag Judge Leif B. Erickson concerning motion for summary judgment in CV 92−67−H, recommending it be granted and that case dismissed. Objections to F/R due date: March 27, 1996. (cc: all counsel) (MGS) (Entered: 04/02/1996)
871 ORDER by Mag Judge Leif B. Erickson lifting stay in CV 94−1−H and setting motion and discovery deadlines. (cc: all counsel) (MGS) (Entered: 04/02/1996)
872 ORDER by Mag Judge Leif B. Erickson lifting stay in CV 93−84−H and setting motion and discovery deadlines. (cc: all counsel) (MGS) (Entered: 04/02/1996)
873 ORDER by Mag Judge Leif B. Erickson lifting stay in CV 93−69−H and setting motion and discovery deadlines. (cc: all counsel) (MGS) (Entered: 04/02/1996)

Case: 6:93-cv-46 As of: 07/02/2020 08:24 AM MDT 53 of 95

03/12/1996 03/12/1996 03/12/1996 03/12/1996 03/12/1996 03/12/1996
03/13/1996 03/13/1996 03/13/1996 03/13/1996 03/13/1996 03/13/1996 03/14/1996 03/15/1996
03/20/1996 03/22/1996 03/22/1996 03/25/1996 03/26/1996
03/27/1996 03/28/1996 03/28/1996

874 ORDER by Mag Judge Leif B. Erickson lifting stay in CV 93−74−H and setting motion and discovery deadlines. (cc: all counsel) (MGS) (Entered: 04/02/1996)
875 ORDER by Mag Judge Leif B. Erickson lifting stay in CV 94−34−H and setting motion and discovery deadlines. (cc: all counsel) (MGS) (Entered: 04/02/1996)
876 ORDER by Mag Judge Leif B. Erickson lifting stay in CV 93−37−H and setting motion and discovery deadlines. (cc: all counsel) (MGS) (Entered: 04/02/1996)
877 ORDER by Mag Judge Leif B. Erickson lifting stay in CV 94−38−H and setting motion and discovery deadlines. (cc: all counsel) (MGS) (Entered: 04/02/1996)
878 ORDER by Mag Judge Leif B. Erickson lifting stay in CV 94−6−H and setting motion and discovery deadlines. (cc: all counsel) (MGS) (Entered: 04/02/1996)
879 ORDER by Mag Judge Leif B. Erickson denying motion for crt ordered penalties for failure to provide discovery in CV 93−63−H [817−1], granting pltf's motion for transcripts and reserving ruling on pltf's mtn for summary judgment (filed in individual file) (cc: all counsel) (MGS) (Entered: 04/02/1996)
880 ORDER by Mag Judge Leif B. Erickson lifting stay in CV 94−29−H and setting motion and discovery deadlines. (cc: all counsel) (MGS) (Entered: 04/02/1996)
881 ORDER by Mag Judge Leif B. Erickson lifting stay in CV 93−121−M and setting motion and discovery deadlines. (cc: all counsel) (MGS) (Entered: 04/02/1996)
882 ORDER by Mag Judge Leif B. Erickson lifting stay in CV 93−17−M and setting motion and discovery deadlines. (cc: all counsel) (MGS) (Entered: 04/02/1996)
883 ORDER by Mag Judge Leif B. Erickson lifting stay in CV 94−65−H and setting motion and discovery deadlines. (cc: all counsel) (MGS) (Entered: 04/02/1996)
884 ORDER by Mag Judge Leif B. Erickson lifting stay in CV 93−15−M and setting motion and discovery deadlines. (cc: all counsel) (MGS) (Entered: 04/02/1996)
885 ORDER by Mag Judge Leif B. Erickson lifting stay in CV 94−61−H and setting motion and discovery deadlines. (cc: all counsel) (MGS) (Entered: 04/02/1996)
886 ORDER by Mag Judge Leif B. Erickson directing clerk to serve amended complaint in CV 92−77−GF. (cc: all counsel) (MGS) (Entered: 04/02/1996)
887 MEMORANDUM/BRIEF by defendant in support of motion to dismiss CV 92−77−GF, 92−115−GF, 92−41−H, James Ball vs. McCormick et al. [869−1] (MGS) (Entered: 04/02/1996)
888 ORDER by Mag Judge Leif B. Erickson directing pltf Patrick Tye to notify Crt of current address. (cc: all counsel) (MGS) (Entered: 04/02/1996)
889 ORDER by Mag Judge Leif B. Erickson directing pltf Charles Van Pelt to notify Crt of current address. (cc: all counsel) (MGS) (Entered: 04/02/1996)
890 ORDER by Mag Judge Leif B. Erickson directing pltf Clyde Little Bear to notify Crt of his current address. (cc: all counsel) (MGS) (Entered: 04/02/1996)
891 ORDER by Mag Judge Leif B. Erickson directing ptys to file required supporting documents to mtn/SJ in CV 94−54−H. (cc: all counsel) (MGS) (Entered: 04/02/1996)
892 ORDER by Mag Judge Leif B. Erickson setting jury trial in CV 92−28−H for July 22, 1996 @ Helena, setting related deadlines, and directing clerk to issue writ of HC ad Testificandum. (cc: all counsel) (MGS) (Entered: 04/02/1996)
893 MOTION by plaintiff Clifford T. Vielle for sanctions in CV 92−28−H (MGS) (Entered: 04/02/1996)
894 MOTION by defendants to renew their motion to dismiss filed 2/10/93 in CV 93−15−M (MGS) (Entered: 04/02/1996)
895 MOTION by plaintiff James Dean Bingman to extend time to respond to 879 (MGS) (Entered: 04/02/1996)

Case: 6:93-cv-46 As of: 07/02/2020 08:24 AM MDT 54 of 95

03/29/1996 03/29/1996 03/29/1996 03/29/1996 03/29/1996 03/29/1996 04/04/1996 04/04/1996
04/04/1996
04/05/1996 04/05/1996 04/05/1996 04/08/1996 04/09/1996 04/11/1996 04/12/1996
04/15/1996 04/15/1996 04/15/1996 04/15/1996 04/15/1996 04/17/1996

896 NOTICE by defendants of taking deposition of Ronald M. Maier on 4/9/96 @ 9:30 a.m. at MSP (MGS) (Entered: 05/02/1996)
897 NOTICE by defendants of taking deposition of Michael Allen Peppinger on 4/9/96 @ 2:00 p.m. at MSP (MGS) (Entered: 05/02/1996)
898 NOTICE by defendants of taking deposition of William Bigby on 4/9/96 @ 9:00 a.m. at MSP (MGS) (Entered: 05/02/1996)
899 NOTICE by defendants of taking deposition of William Bigby on 4/9/96 @ 11:00 a.m. at MSP (MGS) (Entered: 05/02/1996)
900 NOTICE by defendants of taking deposition of Mike Poma, III on 4/9/96 @ 3:30 p.m. at MSP (MGS) (Entered: 05/02/1996)
901 NOTICE by defendants of taking deposition of Mark Peck on 4/9/96 @ 12:30 p.m. at MSP (MGS) (Entered: 05/02/1996)
902 MOTION by defendants to renew mtn to dismiss filed 3/22/93 in CV 93−17−M (MGS) (Entered: 05/02/1996)
903 ORDER by Mag Judge Leif B. Erickson granting motion to extend time to respond to 879 [895−1], Pltf Bingman has 20 days to file & sv Statement of Uncontroverted Facts. (cc: all counsel) (MGS) (Entered: 05/02/1996)
904 ORDER by Mag Judge Leif B. Erickson denying motion for summary judgment in CV 93−86−H [827−1] as it relates to Pltf Langford, and granting sum jgm as it relates to Tim Ford as PR of Estate of Duncan McKenzie. (cc: all counsel) (MGS) (Entered: 05/02/1996)
905 MOTION by plaintiff James Morrison to amend Complaint in CV 94−6−H (MGS) (Entered: 05/02/1996)
906 STATEMENT of uncontroverted facts by defendants in support of [864−1] (MGS) (Entered: 05/02/1996)
907 MOTION by plaintiff Ronald M. Maier to quash ntc of depo (MGS) (Entered: 05/02/1996)
908 MOTION by plaintiff James Morrison to extend discovery in CV 94−6−H (MGS) (Entered: 05/02/1996)
909 REPLY by plaintiff Clifford T. Vielle to response to motion for sanctions in CV 92−28−H [893−1] Individual file delivered to: PS/LC (MGS) (Entered: 05/02/1996)
910 ORDER by Mag Judge Leif B. Erickson denying motion for sanctions in CV 92−28−H [893−1] (cc: all counsel) (MGS) (Entered: 05/02/1996)
911 ORDER by Mag Judge Leif B. Erickson that pltfs Dennis Hammer and James Coon file by 5/3/96 stmnt showing good cause why their action shd not be dismissed for lack of prosecution, re CV 93−17−M. (cc: all counsel) (MGS) (Entered: 05/02/1996)
912 MOTION by plaintiff Richard Duke Jungers to extend mtn and discovery deadlines in CV 94−65−H (MGS) (Entered: 05/02/1996)
913 MOTION by defendants to dismiss CV 94−29−H, Wendell Gray vs. Day et al. (MGS) (Entered: 05/02/1996)
914 MEMORANDUM/BRIEF by defendants in support of motion to dismiss CV 94−29−H, Wendell Gray vs. Day et al. [913−1] (MGS) (Entered: 05/02/1996)
915 MOTION by defendants to dismiss CV 94−65−H, Richard Jungers vs. Day et al. (MGS) (Entered: 05/02/1996)
916 MEMORANDUM/BRIEF by defendants in support of motion to dismiss CV 94−65−H, Richard Jungers vs. Day et al. [915−1] (MGS) (Entered: 05/02/1996)
917 MOTION by plaintiff William Bigby for order directing clerk to copy his case file for him, CV 94−1−H (MGS) (Entered: 05/02/1996)

Case: 6:93-cv-46 As of: 07/02/2020 08:24 AM MDT 55 of 95

04/17/1996 04/18/1996 04/18/1996 04/18/1996 04/18/1996
04/22/1996 04/22/1996 04/22/1996 04/23/1996 04/23/1996 04/23/1996
04/25/1996 04/25/1996 04/25/1996
04/26/1996 04/26/1996 04/29/1996 04/29/1996

918 RESPONSE by defendants to motion to extend discovery in CV 94−6−H [908−1] (MGS) (Entered: 05/02/1996)
919 MOTION by defendants to dismiss CV 94−34−H, Daniel Orozco vs. Day et al. (MGS) (Entered: 05/02/1996)
920 MEMORANDUM/BRIEF by defendants in support of motion to dismiss CV 94−34−H, Daniel Orozco vs. Day et al. [919−1] (MGS) (Entered: 05/02/1996)
921 ORDER by Mag Judge Leif B. Erickson granting motion for order directing clerk to copy his case file for him, CV 94−1−H [917−1] (cc: all counsel) (MGS) (Entered: 05/02/1996)
922 ORDER by Mag Judge Leif B. Erickson granting motion to extend mtn and discovery deadlines in CV 94−65−H [912−1] − disc now to be svd by 6/15/96, responses by 7/15/96, and mtn deadline extended to 7/31/96. (cc: all counsel) (MGS) (Entered: 05/02/1996)
923 RESPONSE by plaintiff James E. Ball to motion to dismiss CV 92−77−GF, 92−115−GF, 92−41−H, James Ball vs. McCormick et al. [869−1] (MGS) (Entered: 05/02/1996)
924 MOTION by defendants to suspend discovery in CV 94−34−H (MGS) (Entered: 05/02/1996)
925 AMENDED MOTION TO DISMISS by defendants to [919−1] (MGS) (Entered: 05/02/1996)
926 ORDER by Mag Judge Leif B. Erickson granting motion to amend Complaint in CV 94−6−H [905−1], denying motion to extend discovery in CV 94−6−H [908−1] (cc: all counsel) (MGS) (Entered: 05/02/1996)
927 STATEMENT of facts by plaintiff Troy Ford in opposition to [864−1] (MGS) (Entered: 05/02/1996)
928 STIPULATION AND ORDER FOR DISMISSAL of all pending claims for attys' fees and for costs and expenses, the same having been fully and finally settled on their merits − re CV 92−13−H, Langford et al. vs. Racicot et al. (MGS) (Entered: 05/02/1996)
929 MOTION by plaintiff Michael Allen Peppinger to dismiss CV 93−37−H (MGS) (Entered: 05/03/1996)
930 MOTION by plaintiffs in CV 92−13−H for attorney Eric G. Balaban to appear pro hac vice , for attorney Margaret Winter to appear pro hac vice (MGS) (Entered: 05/03/1996)
931 Findings and Recommendation by Mag Judge Leif B. Erickson recommending CV 93−68−H, Clyde Little Bear vs. Cox et al., be dismissed for lack of prosecution; individual file sent to Helena for Judge Lovell. (cc: all counsel) (MGS) (Entered: 05/03/1996)
932 ORDER by Mag Judge Leif B. Erickson granting motion for summary judgment in CV 94−54−H, Troy Ford vs. Lewis & Clark Cty et al [864−1] and dismissing case; judgment entered in individual file. (cc: all counsel) (MGS) (Entered: 05/03/1996)
933 ORDER by Mag Judge Leif B. Erickson dismissing CV 94−61−H, Patrick Tye vs. Day et al., for lack of prosecution; judgment entered in individual file. (cc: all counsel) (MGS) (Entered: 05/03/1996)
934 MEMORANDUM/BRIEF by defendants in support of amended motion to dismiss [925−1] (MGS) (Entered: 05/03/1996)
935 ORDER by Mag Judge Leif B. Erickson granting motion for attorney Eric G. Balaban to appear pro hac vice [930−1], granting motion for attorney Margaret Winter to appear pro hac vice [930−2]; Atty Sheehy notified by Clk that these attys need to supply their addresses & tel numbers, and pay the fee of $30 each. (cc: all counsel) (MGS) (Entered: 05/03/1996)

Case: 6:93-cv-46 As of: 07/02/2020 08:24 AM MDT 56 of 95

04/29/1996
04/29/1996 04/30/1996 04/30/1996
04/30/1996
05/01/1996 05/01/1996 05/02/1996 05/02/1996 05/07/1996 05/07/1996
05/07/1996
05/07/1996
05/08/1996 05/10/1996 05/15/1996 05/15/1996 05/15/1996 05/16/1996
05/20/1996 05/21/1996

936 ORDER filed in USCA 4/23/96 dismissing appeal 96−35087 and cross−appeal 96−35088, per stip of the parties, in CV 92−13−H, Langford v. Racicot; ea to bear own attys' fees and costs on appeal. (cc: all counsel) (MGS) (Entered: 05/03/1996)
REMARK − END OF FILE FOLDER #21. (MGS) (Entered: 05/03/1996)
937 ORDER by Mag Judge Leif B. Erickson denying motion to quash ntc of depo [907−1] (cc: all counsel) (MGS) (Entered: 05/03/1996)
938 ORDER by Mag Judge Leif B. Erickson granting motion to dismiss CV 93−37−H [929−1], individual file closed and sent to Helena. (cc: all counsel) (MGS) (Entered: 05/03/1996)
939 ORDER by Mag Judge Leif B. Erickson dismissing pltf Charles Van Pelt from CV 93−15−M and ordering amended complaint be filed. (cc: all counsel) (MGS) (Entered: 05/03/1996)
940 MOTION by plaintiff Clifford T. Vielle to extend to extend time to respond to mtn SJ in CV 92−28−H (MGS) (Entered: 05/03/1996)
941 MOTION by plaintiff Richard Duke Jungers to amend complaint in CV 94−65−H (MGS) (Entered: 05/03/1996)
942 MOTION by plaintiff Ronald M. Maier for attorney fees in CV 93−74−H , and for restraining order (MGS) (Entered: 05/03/1996)
943 AFFIDAVIT of Michael F. Bailey re [942−1], re [942−2] (MGS) (Entered: 05/03/1996)
944 RESPONSE by defendants to motion for attorney fees in CV 93−74−H [942−1], to motion for restraining order [942−2] (MGS) (Entered: 05/14/1996)
945 ORDER by Mag Judge Leif B. Erickson dismissing pltfs Dennis Hammer and James Coon from CV 93−17−M; and granting motion to renew motion to dismiss [902−1]; pltfs have 20 days to file brf in opp, defts may rply in 5. (cc: all counsel) (MGS) Modified on 05/14/1996 (Entered: 05/14/1996)
946 ORDER by Mag Judge Leif B. Erickson granting motion to extend time to respond to mtn SJ in CV 92−28−H [940−1], pltf Vielle has to May 15, 1996. (cc: all counsel) (MGS) (Entered: 05/14/1996)
947 ORDER by Mag Judge Leif B. Erickson denying pltf James Bingman's motion for summary judgment, filed in CV 93−63−H. (cc: all counsel) (MGS) (Entered: 05/14/1996)
948 STATEMENT of facts by plaintiff James Dean Bingman (MGS) (Entered: 05/14/1996)
949 MOTION by plaintiff James Dean Bingman for reconsideration of Order 947 (MGS) (Entered: 05/14/1996)
950 RESPONSE by plaintiff Clifford T. Vielle to defts' motion for summary judgment filed in CV 92−28−H. (MGS) (Entered: 05/30/1996)
951 STATEMENT of facts by plaintiff Clifford T. Vielle in support of [950−1] (MGS) (Entered: 05/30/1996)
952 ANSWER by defendants to plaintiff James Morrison's First Amended Complaint filed in CV 94−6−H. (MGS) (Entered: 05/30/1996)
953 REPLY by plaintiff Ronald M. Maier to response to motion for attorney fees in CV 93−74−H [942−1], motion for restraining order [942−2]. Individual file delivered to: PS/LC (MGS) (Entered: 05/30/1996)
954 MOTION by defendants to suspend discovery in CV 94−34−H (MGS) (Entered: 05/30/1996)
955 MOTION by plaintiff James Morrison for appointment of counsel in CV 94−6−H (MGS) (Entered: 05/30/1996)

Case: 6:93-cv-46 As of: 07/02/2020 08:24 AM MDT 57 of 95

05/21/1996 05/23/1996
05/23/1996
05/24/1996 05/24/1996 05/29/1996 05/30/1996
05/30/1996 06/03/1996
06/03/1996 06/03/1996 06/03/1996 06/03/1996 06/03/1996 06/03/1996 06/04/1996 06/06/1996 06/07/1996 06/10/1996 06/10/1996
06/10/1996

956 MOTION by plaintiff James Morrison to extend motion deadline in CV 94−6−H (MGS) (Entered: 05/30/1996)
957 ORDER by Mag Judge Leif B. Erickson denying motion for attorney fees in CV 93−74−H [942−1], granting lv to depose pltf Ronald Maier. (the motion for restraining order [942−2] is moot.) (cc: all counsel) (MGS) (Entered: 05/30/1996)
958 ORDER by Mag Judge Leif B. Erickson re CV 94−34−H: that defts hv 20 days to file Stmnt of Uncontroverted Facts, pltf shall then hv 20 days to file his Stmnt of Genuine Issues, and defts may rply w/n 5 days thereafter. (cc: all counsel) (MGS) (Entered: 05/30/1996)
959 ORDER by Mag Judge Leif B. Erickson lifting stay in CV 92−64−H and setting motion & discovery deadlines. (cc: all counsel) (MGS) (Entered: 05/30/1996)
960 ORDER by Mag Judge Leif B. Erickson denying motion to extend motion deadline in CV 94−6−H [956−1] (cc: all counsel) (MGS) (Entered: 05/30/1996)
961 RESPONSE by defendants to motion to amend complaint in CV 94−65−H [941−1] (MGS) (Entered: 06/03/1996)
962 ORDER by Mag Judge Leif B. Erickson granting motion to dismiss parties Beck, Chisholm, Beeson, Cochran, Hill, Morani and Redfern in CV 92−77−GF, 92−115−GF, 92−41−H, James Ball vs. McCormick et al. [869−1] (cc: all counsel) (MGS) (Entered: 06/03/1996)
963 MOTION by defendants to continue scheduling order in CV 94−38−H (MGS) (Entered: 06/13/1996)
964 ORDER by Mag Judge Leif B. Erickson granting plaintiff Orozco's motion to amend his complaint; defendants' motion to suspend discovery in CV 94−34−H [954−1] is granted in part: ptys not permitted to conduct discovery unless relevant to qualified immunity. (cc: all counsel) (MGS) (Entered: 06/13/1996)
965 ORDER by Mag Judge Leif B. Erickson denying motion for reconsideration of Order 947 [949−1] (cc: all counsel) (MGS) (Entered: 06/13/1996)
966 MOTION by defendants to dismiss CV 93−121−M, Poma vs. State (MGS) Modified on 06/19/1996 (Entered: 06/19/1996)
967 MOTION by defendants to dismiss CV 93−84−H, Peck vs. Gamble (MGS) (Entered: 06/19/1996)
968 MOTION by defendants for leave to file depo of Mark Peck, re CV 93−84−H (MGS) (Entered: 06/20/1996)
969 MOTION by defendants for leave to file depo of Mike Poma, re CV 93−121−M (MGS) (Entered: 06/20/1996)
970 MOTION by defendants to extend time to file motions in CV 94−1−H (MGS) (Entered: 06/20/1996)
971 RESPONSE by plaintiff Daniel Orozco to motion to dismiss CV 94−34−H, Daniel Orozco vs. Day et al. [919−1] (MGS) (Entered: 06/20/1996)
972 MOTION by plaintiff Robert Close to reset Pretrial Conference in CV 93−75−H (MGS) (Entered: 06/20/1996)
973 REPLY by plaintiff Richard Jungers to response to motion to amend complaint in CV 94−65−H [941−1] (MGS) (Entered: 06/20/1996)
974 ORDER by Mag Judge Leif B. Erickson that pltf Wendell Gray has 20 days to resp to mtn to dismiss in CV 94−29−H. (cc: all counsel) (MGS) (Entered: 06/20/1996)
975 ORDER by Mag Judge Leif B. Erickson granting motion for leave to file depo of Mike Poma, re CV 93−121−M [969−1] − depo filed in individual file. (cc: all counsel) (MGS) (Entered: 06/20/1996)
976 ORDER by Mag Judge Leif B. Erickson granting motion for leave to file depo of Mark Peck, re CV 93−84−H [968−1] − depo filed in individual file. (cc: all counsel)

Case: 6:93-cv-46 As of: 07/02/2020 08:24 AM MDT 58 of 95

06/10/1996
06/12/1996 06/13/1996
06/13/1996 06/19/1996 06/24/1996 06/26/1996 06/26/1996 07/01/1996 07/02/1996
07/08/1996 07/08/1996 07/08/1996
07/08/1996 07/08/1996 07/08/1996 07/08/1996 07/09/1996
07/09/1996 07/09/1996
07/10/1996

(MGS) (Entered: 06/20/1996)
977 ORDER by Mag Judge Leif B. Erickson granting motion to extend time to file motions in CV 94−1−H [970−1]: motions due July 1, 1996. (cc: all counsel) (MGS) (Entered: 06/20/1996)
978 MOTION by plaintiff Ronald M. Maier to quash request for documents, re CV 93−74−H (MGS) (Entered: 06/20/1996)
979 ORDER by Mag Judge Leif B. Erickson granting motion to reset Pretrial Conference in CV 93−75−H [972−1]: reset to July 11, l996 @ ll:00. (cc: all counsel) (MGS) (Entered: 06/20/1996)
980 STATEMENT of uncontroverted facts by defendants in response to order [958−1] re CV 94−34−H (MGS) (Entered: 06/20/1996)
981 MOTION by plaintiff James Dean Bingman for summary judgment in CV 93−63−H (MGS) (Entered: 06/20/1996)
982 STATEMENT of uncontroverted facts by plaintiff Daniel Orozco in response to [958−1] (MGS) (Entered: 07/17/1996)
983 ORDER by Mag Judge Leif B. Erickson that dft Autery has 20 days to file his Answer in CV 93−83−H. (cc: all counsel) (MGS) (Entered: 07/17/1996)
MINUTES: CV 93−69−H−LBE, DuBray v. Gamble, taken out of case consolidation by order filed in ind. file this date. (MGS) (Entered: 07/17/1996)
984 MOTION by defendants Jack McCormick et al. for summary judgment in CV 94−1−H − no brief in suppt filed. (MGS) (Entered: 07/17/1996)
985 NOTICE by defendants of substitution of exhibits to their memorandum filed 4/29/96 in CV 94−34−H − said exhibits substituted this date, attached to 934 (MGS) (Entered: 07/18/1996)
986 ORDER by Mag Judge Leif B. Erickson denying motion for appointment of counsel in CV 94−6−H [955−1] (cc: all counsel) (MGS) (Entered: 07/18/1996)
987 ORDER by Mag Judge Leif B. Erickson that dfts file Answer w/n 20 days in CV 92−77−GF−LBE. (cc: all counsel) (MGS) (Entered: 07/18/1996)
988 ORDER by Mag Judge Leif B. Erickson granting motion to continue scheduling order in CV 94−38−H [963−1], granting pltf Gregory Maxwell's motion to amend and denying his motion for appntmnt of cnsl. (cc: all counsel) (MGS) (Entered: 07/18/1996)
989 MEMORANDUM/BRIEF by defendants in support of motion for summary judgment in CV 94−1−H [984−1] (MGS) (Entered: 07/18/1996)
990 STATEMENT of uncontroverted facts by defendants in support of [984−1] (MGS) (Entered: 07/18/1996)
991 MOTION by defendants for leave to file discovery in CV 94−1−H − depo of pltf (MGS) (Entered: 07/18/1996)
REMARK − END OF FILE FOLDER #22. (MGS) (Entered: 07/18/1996)
992 ORDER by Mag Judge Leif B. Erickson dismissing CV 93−15−M, Delaphiano vs. Chisholm et al. − judgment entered in individual file. (cc: all counsel) (MGS) (Entered: 07/18/1996)
MINUTES: finding the motion to renew defts' motion to dismiss filed 2/10/93 in CV 93−15−M [894−1] moot. (MGS) (Entered: 07/18/1996)
993 ORDER by Mag Judge Leif B. Erickson dismissing CV 93−17−M, Hansen et al. vs. MT Board of Pardons et al − judgment entered in individual file. (cc: all counsel) (MGS) (Entered: 07/18/1996)
994 ORDER by Mag Judge Leif B. Erickson granting motion to dismiss CV 93−121−M, Poma vs. State [966−1] − judgment entered in individual file. (cc: all counsel) (MGS)

Case: 6:93-cv-46 As of: 07/02/2020 08:24 AM MDT 59 of 95

(Entered: 07/18/1996)

07/11/1996 995 MOTION by plaintiff Arthur Ray for appointment of counsel in CV 92−64−H (MGS) (Entered: 07/18/1996)

07/11/1996 996 MEMORANDUM/BRIEF by plaintiff in support of motion for appointment of counsel in CV 92−64−H [995−1] (MGS) (Entered: 07/18/1996)

07/15/1996 997 ORDER by Mag Judge Leif B. Erickson denying motion to dismiss CV 93−84−H, Peck vs. Gamble [967−1] (cc: all counsel) (MGS) (Entered: 07/18/1996)

07/16/1996

998 FINDINGS AND RECOMMENDATION by Mag Judge Leif B. Erickson concerning motion to dismiss CV 94−29−H, Wendell Gray vs. Day et al. [913−1], recommending it be granted. Objections to F/R due date: 10 days after receipt. (cc: all counsel) (MGS) (Entered: 07/18/1996)

07/16/1996 999 ORDER by Mag Judge Leif B. Erickson granting motion for leave to file discovery in CV 94−1−H − depo of pltf [991−1] (depo filed in individual file) (cc: all counsel) (MGS) (Entered: 07/18/1996)

07/17/1996 1000 MEMORANDUM/BRIEF by defendants in support of motion for summary judgment in CV 94−1−H [984−1] (MGS) (Entered: 07/18/1996)

07/17/1996 1001 STATEMENT of uncontroverted facts by defendants in support of [984−1] (MGS) (Entered: 07/18/1996)

07/18/1996 1002 MOTION by defendants to extend mtn & discovery deadlines in CV 94−65−H (MGS) Modified on 07/30/1996 (Entered: 07/30/1996)

07/23/1996 1003 ANSWER by defendants and jury demand, to the complaint filed in CV 93−83−H, Oppelt v. Autrey. (MGS) (Entered: 07/30/1996)

07/31/1996 1004 AMENDED COMPLAINT by plaintiff Gregory K. Maxwell in CV 94−38−H−CCL, removing deft Gamble & adding deft Charles Strong. (MGS) (Entered: 08/07/1996)

07/31/1996 1005 ORDER by Mag Judge Leif B. Erickson denying motion to amend complaint in CV 94−65−H [941−1] granting motion to dismiss CV 94−65−H, Richard Jungers vs. Day et al. [915−1]; Judgment entered in individual file. (the motion to extend mtn & discovery deadlines is moot) (cc: all counsel) (MGS) (Entered: 08/07/1996)

07/31/1996 1006 ANSWER by defendant Jack McCormick, defendant Lance Seavey in Ball v. McCormick et al., CV 92−77−4; jury demand; and DEMAND FOR ARTICLE III JUDGE. (MGS) (Entered: 08/08/1996)

08/08/1996 1007 MOTION by defendants to extend deadlines in CV 92−64−H (MGS) (Entered: 08/12/1996)

08/09/1996 1008 OBJECTIONS by plaintiff Richard Duke Jungers to [1005−1] (MGS) (Entered: 09/10/1996)

08/14/1996 1009 ORDER by Mag Judge Leif B. Erickson granting motion to extend deadlines in CV 92−64−H [1007−1], to August 30, 1996. (cc: all counsel) (MGS) (Entered: 09/10/1996)

08/16/1996 1010 MOTION by plaintiff Mark Peck for leave to amend complaint in CV 93−84−H (MGS) (Entered: 09/10/1996)

08/16/1996 1011 MOTION by plaintiff James Morrison to extend time to file motions (MGS) (Entered: 09/10/1996)

08/21/1996 1012 MOTION by defendants to dismiss complaint in CV 94−38−H (MGS) (Entered: 09/10/1996)

08/28/1996 1013 MEMORANDUM/BRIEF by defendants in support of motion to dismiss complaint in CV 94−38−H [1012−1] (MGS) (Entered: 09/10/1996)

08/30/1996 1014 MOTION by defendants to extend deadline to file motions in CV 92−64−H (MGS) (Entered: 09/10/1996)

Case: 6:93-cv-46 As of: 07/02/2020 08:24 AM MDT 60 of 95

09/03/1996 1015 ORDER by Mag Judge Leif B. Erickson denying motion to quash request for documents, re CV 93−74−H [978−1] (cc: all counsel) (MGS) (Entered: 09/11/1996)

09/04/1996 1016 ORDER by Mag Judge Leif B. Erickson granting motion to extend deadline to file motions in CV 92−64−H [1014−1], extended to 9/13/96. (cc: all counsel) (MGS) (Entered: 09/11/1996)

09/04/1996 1017 ORDER by Mag Judge Leif B. Erickson Ruling on motion for summary judgment in CV 94−1−H [984−1] is deferred, pltf has 20 days to file his Stmnt of Genuine Issues w/brf; defts then have 5 to rply − pltf's motion for appntmnt of counsel if denied. (cc: all counsel) (MGS) (Entered: 09/11/1996)

09/05/1996 1018 ORDER by Mag Judge Leif B. Erickson that cnsl file status repts w/n 10 days after receipt of this order ; case management ddl set for 9/20/96 (cc: all counsel) (MGS) (Entered: 09/11/1996)

09/10/1996 1019 STATUS REPORT by defendants in CV 92−13−H (MGS) (Entered: 10/01/1997)

09/11/1996 1020 ORDER by Mag Judge Leif B. Erickson dismissing CV 92−64−H, Arthur Ray vs. Charles Hill, w/prejudice. (cc: all counsel) (MGS) (Entered: 10/01/1997)

09/13/1996 1021 JOINT STIPULATION in CV 92−13−H re medical care (MGS) (Entered: 10/01/1997)

09/13/1996 1022 JOINT MOTION for order approving stipulation 1021 (MGS) (Entered: 10/01/1997)

09/20/1996 1023 STATUS REPORT by plaintiff in CV 92−13−H (MGS) (Entered: 10/01/1997)

09/23/1996 1024 ORDER by Mag Judge Leif B. Erickson in CV 94−6−H extending discovery to 10/15/96 and motions deadline to 11/30/96. (cc: all counsel) (MGS) (Entered: 10/01/1997)

09/23/1996 1025 ORDER by Mag Judge Leif B. Erickson re CV 93−84−H, reserving ruling on mtn for lv to file amended pldg pending submission of the pldg to the Crt for review. (cc: all counsel) (MGS) (Entered: 10/01/1997)

09/23/1996 1026 ORDER by Mag Judge Leif B. Erickson re CV 93−86−H, denying pltf's mtn for order allowing him to speak to other inmates who might be witnesses at trial. (cc: all counsel) (MGS) (Entered: 10/01/1997)

09/23/1996

REMARK − END OF FILE FOLDER #23. (MGS) (Entered: 10/01/1997)

09/25/1996 1027 MOTION by plaintiff Ronald Maier for leave to join defts in CV 93−74−H (MGS) (Entered: 10/01/1997)

09/25/1996 1028 MOTION by plaintiff Ronald Maier for leave to file amended complaint in CV 93−74−H (MGS) (Entered: 10/01/1997)

09/25/1996 1029 MOTION by plaintiff to vacate trial date in CV 93−74−H (MGS) (Entered: 10/01/1997)

09/26/1996 1030 ORDER by Mag Judge Leif B. Erickson granting motion for order approving stipulation 1021 [1022−1] in CV 92−13−H. (cc: all counsel) (MGS) (Entered: 10/01/1997)

10/11/1996 1031 ORDER by Mag Judge Leif B. Erickson granting motion for leave to file amended complaint in CV 93−74−H [1028−1] (cc: all counsel) (MGS) (Entered: 10/01/1997)

10/11/1996 1032 AMENDED COMPLAINT by plaintiff Ronald M. Maier in CV 93−74−H (MGS) (Entered: 10/01/1997)

10/11/1996 1033 ORDER by Mag Judge Leif B. Erickson granting motion for leave to join defts in CV 93−74−H [1027−1] (cc: all counsel) (MGS) (Entered: 10/01/1997)

10/11/1996 1034 ORDER by Mag Judge Leif B. Erickson granting motion to vacate trial date in CV 93−74−H [1029−1] (cc: all counsel) (MGS) (Entered: 10/01/1997)

10/16/1996 1035 MOTION by plaintiff Mark Peck to amend in CV 93−84−H (MGS) (Entered: 10/01/1997)

Case: 6:93-cv-46 As of: 07/02/2020 08:24 AM MDT 61 of 95
10/16/1996 1036 ORDER by Mag Judge Leif B. Erickson granting pltf Gregory Maxwell add'l 11 days to file resp brief in CV 94−38−H. (cc: all counsel) (MGS) (Entered: 10/01/1997)
10/22/1996 1037 ORDER by Mag Judge Leif B. Erickson that defts in CV 94−34−H ntfy Crt w/n 10 days re USMJ consent jurisdiction. (cc: all counsel) (MGS) (Entered: 10/01/1997)
10/28/1996 1038 NOTICE by defendants of Consent to USMJ in CV 94−34−H (MGS) (Entered: 10/02/1997)
10/29/1996 1039 MOTION by defendants to extend time to file mtn/SJ in CV 93−86−H (MGS) (Entered: 10/02/1997)
11/07/1996 1040 ORDER by Mag Judge Leif B. Erickson granting motion to extend time to file mtn/SJ in CV 93−86−H [1039−1]; defts hv add'l 30 days. (cc: all counsel) (MGS) (Entered: 10/02/1997)
11/21/1996 1041 amended MOTION by defendants for summary judgment in CV 93−86−H (MGS) (Entered: 10/02/1997)
11/29/1996 1042 ORDER by Mag Judge Leif B. Erickson that pltf has add'l 11 days to resp to mtn/dismiss in CV 94−38−H. (cc: all counsel) (MGS) (Entered: 10/02/1997)
12/05/1996 1043 ORDER by Mag Judge Leif B. Erickson that pltf Mark Peck has 20 days to submit supplemental pldg. (cc: all counsel) (MGS) (Entered: 10/02/1997)
12/09/1996 1044 ORDER by Mag Judge Leif B. Erickson that pltf Wm Bigby has 20 days to file stmnt of genuine issues & resp brf to dfts' mtn/SJ filed in CV 94−1−H. (cc: all counsel) (MGS) (Entered: 10/02/1997)
12/30/1996 1045 RESPONSE by plaintiff Terry Langford to motion for summary judgment in CV 93−86−H [1041−1] (MGS) (Entered: 10/02/1997)
12/30/1996 1046 AFFIDAVIT of Terry Langford re [1045−1] (MGS) (Entered: 10/02/1997)
12/30/1996 1047 RESPONSE by defendant to pltf's mtn/SJ in CV 93−63−H. (MGS) (Entered: 10/02/1997)
12/31/1996 1048 MOTION by defendants for reimbursement of contempt fine levied in CV 93−63−H (MGS) (Entered: 10/02/1997)
01/22/1997 1049 ORDER by Mag Judge Leif B. Erickson granting in part and denying in part defts' amd mtn/dismiss filed in CV 94−34−H [925−1] (cc: all counsel) (MGS) (Entered: 10/02/1997)
01/24/1997 1050 MOTION by plaintiff Ronald M. Maier to extend time to serve cmplnt in CV 93−74−H (MGS) (Entered: 10/02/1997)
01/24/1997 1051 ORDER by Mag Judge Leif B. Erickson taking under advisement on the motion to amend in CV 93−84−H [1035−1], reserving ruling pending rec't of amd comp, due in 30 days. (cc: all counsel) (MGS) (Entered: 10/02/1997)
01/29/1997 1052 RESPONSE by defendant to motion to extend time to serve cmplnt in CV 93−74−H [1050−1] (MGS) (Entered: 10/02/1997)
01/29/1997 1053 ORDER by Mag Judge Leif B. Erickson granting motion to extend time to serve cmplnt in CV 93−74−H [1050−1] (cc: all counsel) (MGS) (Entered: 10/02/1997)
01/31/1997 1054 ORDER by Mag Judge Leif B. Erickson granting motion for summary judgment in CV 94−1−H [984−1], case dismissed and judgmnt entered in individual case file. (cc: all counsel) (MGS) (Entered: 10/02/1997)
01/31/1997 1055 ORDER by Mag Judge Leif B. Erickson granting motion to dismiss complaint in CV 94−38−H [1012−1], case dismissed & jgmnt entered in individual case file. (cc: all counsel) (MGS) (Entered: 10/02/1997)
01/31/1997 1056 NOTICE by defendants in CV 94−34−H of incapacity of pltf Daniel Orozco. (MGS) (Entered: 10/02/1997)
02/07/1997 1057 ORDER by Mag Judge Leif B. Erickson that pltf Morrison shll submit his amd cmp in CV 94−6−H w/n 20 days. (cc: all counsel) (MGS) (Entered: 10/02/1997)

Case: 6:93-cv-46 As of: 07/02/2020 08:24 AM MDT 62 of 95

02/10/1997 1058 CERTIFICATION OF FACTS OF CONTEMPT by Mag Judge Leif B. Erickson re CV 93−63−H. (cc: all counsel) (MGS) (Entered: 10/02/1997)

02/10/1997

MINUTES: [1048−1] motion for reimbursement of contempt fine levied in CV 93−63−H termed in this Master Docket File; the individual file has been reassigned to Judge Lovell for ruling on the pending motions. (MGS) (Entered: 03/16/1998)

02/26/1997 1059 ORDER by Mag Judge Leif B. Erickson that defts' amended mtn/SJ in CV 93−86−H is granted, jgmnt entered in individual case file. (cc: all counsel) (MGS) (Entered: 10/02/1997)

03/03/1997 1060 MOTION by plaintiff James Morrison to extend time to file amended cmplnt in CV 94−6−H (MGS) (Entered: 10/02/1997)

03/06/1997 1061 ORDER by Mag Judge Leif B. Erickson dismissing Vielle v. Beck, CV 92−28−H w/out prejudice. (cc: all counsel) (MGS) (Entered: 10/02/1997)

03/06/1997 1062 ORDER by Mag Judge Leif B. Erickson granting motion to extend time to file amended cmplnt in CV 94−6−H [1060−1], pltf has to 4/3/97. (cc: all counsel) (MGS) (Entered: 10/02/1997)

03/07/1997 1063 RESPONSE by defendants to [1060−1] (MGS) (Entered: 10/02/1997)

03/10/1997 1064 ORDER by Mag Judge Leif B. Erickson requesting status report on Orozco re CV 94−34−H. (cc: all counsel) (MGS) (Entered: 10/02/1997)

03/10/1997

MINUTES: [1041−1] motion for summary judgment in CV 93−86−H termed in this Master Docket File; motion ruled on in the individual file and that file closed. (MGS) (Entered: 03/16/1998)

03/12/1997 1065 ORDER by Mag Judge Leif B. Erickson taking under advisement on the motion to amend in CV 93−84−H [1035−1] until pltf submits the amd cmp. (cc: all counsel) (MGS) (Entered: 10/02/1997)

03/12/1997 1066 ORDER by Mag Judge Leif B. Erickson setting motion & discovery deadlines in CV 93−83−H. (cc: all counsel) (MGS) (Entered: 10/02/1997)

03/24/1997 1067 RESPONSE by defendants in opposition to pltf's request to take depos in CV 93−63−H. (MGS) (Entered: 10/02/1997)

03/24/1997 1068 MOTION by defendants William Autrey M.D. et al to dismiss amended complaint in CV 93−74−H (MGS) (Entered: 10/02/1997)

03/24/1997 1069 MEMORANDUM/BRIEF by defendants in support of motion to dismiss amended complaint in CV 93−74−H [1068−1] (MGS) (Entered: 10/03/1997)

04/01/1997 1070 STATUS REPORT & MOTION by defendants to supplement same, re CV 94−34−H (MGS) (Entered: 10/03/1997)

04/04/1997 1071 SUPPLEMENTAL COMPLAINT by plaintiff James Morrison in CV 94−6−H (MGS) (Entered: 10/03/1997)

04/04/1997 1072 ORDER by Mag Judge Leif B. Erickson granting motion to supplement status report, re CV 94−34−H [1070−1] (cc: all counsel) (MGS) (Entered: 10/03/1997)

04/11/1997 1073 RESPONSE by plaintiff Ronald M. Maier to motion to dismiss amended complaint in CV 93−74−H [1068−1] (MGS) (Entered: 10/03/1997)

04/11/1997 1074 MEMORANDUM/BRIEF by plaintiff in support of motion response [1073−1] (MGS) (Entered: 10/03/1997)

04/11/1997

REMARK − END OF FILE FOLDER #24. (MGS) (Entered: 10/03/1997)

04/14/1997 1075 SUPPLEMENTAL STATUS REPORT by defendants re Daniel Orozco (MGS) (Entered: 10/03/1997)

04/14/1997 1076 AFFIDAVIT of Dr. Schaefer re [1075−1] (MGS) (Entered: 10/03/1997)

04/14/1997 1077 AFFIDAVIT of Don Sullivan re [1075−1] (MGS) (Entered: 10/03/1997)

Case: 6:93-cv-46 As of: 07/02/2020 08:24 AM MDT 63 of 95
04/15/1997 1078 MOTION by plaintiff Ronald M. Maier to supplement [1073−1] (MGS) (Entered: 10/03/1997)
04/28/1997 1079 ORDER by Mag Judge Leif B. Erickson granting motion to supplement [1073−1] [1078−1] (cc: all counsel) (MGS) (Entered: 10/03/1997)
05/01/1997 1080 ORDER by Mag Judge Leif B. Erickson that pltf James Morrison has 30 days to submit another proposed amended complaint, in CV 94−6−H. (cc: all counsel) (MGS) (Entered: 10/03/1997)
05/01/1997 1081 ORDER by Mag Judge Leif B. Erickson that pltf Daniel Orozco file status rept in 30 days, re CV 94−34−H. (cc: all counsel) (MGS) (Entered: 10/03/1997)
05/02/1997 1082 MOTION by defendant W. O. Autery for enlargement of PT mtn & disc order in CV 93−83−H. (MGS) (Entered: 10/03/1997)
05/06/1997 1083 ORDER by Mag Judge Leif B. Erickson granting motion for enlargement of PT mtn & disc order in CV 93−83−H. [1082−1]: discovery due 6/1/97, mtns 7/21/97. (cc: all counsel) (MGS) (Entered: 10/03/1997)
05/12/1997 1084 NOTICE by defendants of taking deposition of David Oppelt on 5/28/97 @ 10:00 at MSP (MGS) (Entered: 10/03/1997)
05/15/1997 1085 Attesting Certificate of Linda Moodry filed by pltf Maier in CV 93−74−H. (MGS) (Entered: 10/03/1997)
05/20/1997 1086 ORDER by Mag Judge Leif B. Erickson granting James Morrison to 6/30/97 to file his 2nd Amd Cmp in CV 94−6−H. (cc: all counsel) (MGS) (Entered: 10/03/1997)
05/21/1997 1087 REPLY by defendant to response to motion to dismiss amended complaint in CV 93−74−H [1068−1] − individual file to LBE (MGS) (Entered: 10/03/1997)
05/30/1997 1088 ATTORNEY APPEARANCE for defendant Saul Weinstein by Diana P. Leibinger−Koch, in CV 93−74−H. (MGS) (Entered: 10/03/1997)
06/16/1997 1089 REPLY by plaintiff James D. Bingman to response to pltf's Rule 42 Motion in CV 93−63−H. (MGS) (Entered: 10/03/1997)
06/23/1997 1090 ORDER by Mag Judge Leif B. Erickson that pltf James Ball has to 7/30/97 to submit status rept re CV 93−22−GF. (cc: all counsel) (MGS) (Entered: 10/03/1997)
06/23/1997 1091 ORDER by Mag Judge Leif B. Erickson dismissing CV 92−115−GF, CV 92−77−GF & CV 92−41−H (James Ball vs. McCormick, et al.) (cc: all counsel) (MGS) (Entered: 10/03/1997)
06/25/1997 1092 MOTION by defendants to dismiss portions of complaint in CV 92−13−H. (MGS) (Entered: 10/03/1997)
06/30/1997 1093 SECOND AMENDED COMPLAINT by plaintiff James Morrison in CV 94−6−H (MGS) (Entered: 10/03/1997)
07/01/1997 1094 ORDER by Mag Judge Leif B. Erickson denying motion to amend in CV 93−84−H [1035−1] (cc: all counsel) (MGS) (Entered: 10/03/1997)
07/14/1997 1095 MOTION by defendant W. O. Autery to extend time to file motions in CV 93−83−H (MGS) (Entered: 10/03/1997)
07/15/1997 1096 ORDER by Mag Judge Leif B. Erickson that clerk mail copy of file CV 94−34−H to Daniel Orozco − mailed 7/15/97 by cert mail #P503546603. (cc: all counsel) (MGS) (Entered: 10/03/1997)
07/18/1997 1097 ORDER by Mag Judge Leif B. Erickson granting motion to extend time to file motions in CV 93−83−H [1095−1], to 8/30/97. (cc: all counsel) (MGS) (Entered: 10/03/1997)
07/24/1997 1098 2nd MOTION by defendants to dismiss partial supervision of settlement agreement in CV 92−13−H (MGS) (Entered: 10/03/1997)
07/24/1997 1099 MEMORANDUM/BRIEF by defendants in support of motion to dismiss partial supervision of settlement agreement in CV 92−13−H [1098−1] (MGS) Modified on 10/14/1997 (Entered: 10/03/1997)

Case: 6:93-cv-46 As of: 07/02/2020 08:24 AM MDT 64 of 95
07/29/1997 1100 ORDER by Mag Judge Leif B. Erickson that pltf James Morrison shll amend his 2nd Amd Cmp by 8/29/97. (cc: all counsel) (MGS) (Entered: 10/03/1997)
07/31/1997 1101 ORDER by Mag Judge Leif B. Erickson regarding [1068−1], converting it to a mtn/SumJgm, in CV 93−74−H. (cc: all counsel) (MGS) (Entered: 10/03/1997)
07/31/1997 1102 MOTION by defendants to dismiss CV 93−84−H (MGS) (Entered: 10/03/1997)
08/01/1997 1103 ORDER by Mag Judge Leif B. Erickson granting motion to dismiss portions of complaint in CV 92−13−H [1092−1], purs to settlement agreement. (cc: all counsel) (MGS) (Entered: 10/03/1997)
08/04/1997 1104 MOTION by plaintiff James Morrison for appointment of counsel (MGS) (Entered: 10/03/1997)
08/07/1997 1105 MOTION by plaintiffs to extend time to resp to mtn in CV 92−13−H (MGS) (Entered: 10/03/1997)
08/11/1997 1106 MOTION by plaintiff James Morrison to extend time in CV 94−6−H (MGS) (Entered: 10/03/1997)
08/11/1997 1107 ORDER by Mag Judge Leif B. Erickson granting motion to extend time to resp to mtn in CV 92−13−H [1105−1], pltfs have to 8/15/97. (cc: all counsel) (MGS) (Entered: 10/03/1997)
08/13/1997 1108 ORDER by Mag Judge Leif B. Erickson granting motion to extend time in CV 94−6−H [1106−1], pltf has to 9/30/97, denying motion for appointment of counsel [1104−1] (cc: all counsel) (MGS) (Entered: 10/03/1997)
08/14/1997 1109 MOTION by plaintiff Daniel Orozco for appointment of counsel (MGS) (Entered: 10/03/1997)
08/15/1997 1110 RESPONSE by plaintiffs to motion to dismiss partial supervision of settlement agreement in CV 92−13−H [1098−1] (MGS) (Entered: 10/03/1997)
08/15/1997 1111 ORDER by Mag Judge Leif B. Erickson dismissing CV 93−22−GF − Ball vs. McCormick. (cc: all counsel) (MGS) (Entered: 10/03/1997)
08/15/1997 1112 MOTION by plaintiffs to extend time to respond to mtn 1098 re medical and dental claims (MGS) (Entered: 10/03/1997)
08/20/1997 1113 ORDER by Mag Judge Leif B. Erickson granting motion to extend time to respond to mtn 1098 re medical and dental claims [1112−1], pltfs hv to 8/29/97. (cc: all counsel) (MGS) (Entered: 10/03/1997)
08/25/1997 1114 MOTION by defendants for reconsideration of Order 1101 (MGS) (Entered: 10/03/1997)
08/28/1997 1115 MOTION by plaintiffs to extend time for response in CV 922−13−H (MGS) (Entered: 10/03/1997)
08/29/1997 1116 MOTION by defendant W. O. Autery for summary judgment in CV 93−83−H (MGS) (Entered: 10/03/1997)
09/02/1997 1117 ORDER by Mag Judge Leif B. Erickson granting motion to extend time for response in CV 922−13−H [1115−1], pltfs hv to 9/12/97. (cc: all counsel) (MGS) (Entered: 10/03/1997)
09/08/1997 1118 MEMORANDUM/BRIEF by defendant in support of motion for summary judgment in CV 93−83−H [1116−1] (MGS) (Entered: 10/03/1997)
09/08/1997 1119 AFFIDAVIT of Stephanie Powell re [1118−1] (MGS) (Entered: 10/03/1997)
09/08/1997 1120 AFFIDAVIT of Clancy Cone, M.D. re [1118−1] (MGS) (Entered: 10/03/1997)
09/08/1997 1121 STATEMENT of uncontroverted facts by defendant in support of [1118−1] (MGS) (Entered: 10/03/1997)
09/12/1997 1122 ORDER by Mag Judge Leif B. Erickson granting deft lv to file discovery (depo of pltf Oppelt) in CV 93−83−H. (cc: all counsel) (MGS) (Entered: 10/06/1997)

Case: 6:93-cv-46 As of: 07/02/2020 08:24 AM MDT 65 of 95

09/12/1997

REMARK − depo of David Oppelt filed in individual case file, CV 93−83−H, as Doc #42. (MGS) (Entered: 10/06/1997)

09/12/1997 1123 MOTION by plaintiff Terry Langford to extend time to file resp brf in CV 92−13−H (MGS) (Entered: 10/06/1997)

09/18/1997 1124 ORDER by Mag Judge Leif B. Erickson granting motion to extend time to file resp brf in CV 92−13−H [1123−1], pltf has to 9/26/97. (cc: all counsel) (MGS) (Entered: 10/06/1997)

09/26/1997 1125 MOTION by plaintiff Langford to further extend time to resp in CV 92−13−H (MGS) (Entered: 10/06/1997)

09/26/1997 1126 MOTION by defendant Paul Wheeler to dismiss CV 94−11−H for failure to prosecute (MGS) (Entered: 10/06/1997)

09/29/1997 1127 ORDER by Mag Judge Leif B. Erickson granting motion to further extend time to resp in CV 92−13−H [1125−1], pltfs hv to 10/10/97. (cc: all counsel) (MGS) (Entered: 10/06/1997)

09/30/1997 1128 ORDER by Mag Judge Leif B. Erickson denying motion for reconsideration of Order 1101 [1114−1] in CV 93−74−H; discovery extended for 90 days, mtn deadline 60 days thereafter. (cc: all counsel) (MGS) (Entered: 10/06/1997)

10/09/1997 1129 ORDER by Mag Judge Leif B. Erickson granting motion to dismiss CV 94−11−H for failure to prosecute [1126−1] (cc: all counsel) (MGS) (Entered: 10/29/1997)

10/10/1997 1130 MOTION by plaintiffs Langford et al. to extend time to file answer in CV 92−13−H − cpy w/proposed order to LBE (MGS) Modified on 10/29/1997 (Entered: 10/14/1997)

10/15/1997 1131 MOTION by plaintiff James Morrison to extend time for motions to be filed in CV 94−6−H (MGS) (Entered: 10/29/1997)

10/15/1997 1132 ORDER by Mag Judge Leif B. Erickson granting motion to extend time to file answer in CV 92−13−H, pltfs hv to 10/31/97. (cc: all counsel) (MGS) (Entered: 10/29/1997)

10/28/1997 1133 ORDER by Mag Judge Leif B. Erickson that pltf Mark Peck has to 11/17/97 to file brf in resp to defts' mtn/dismiss in CV 93−84−H. (cc: all counsel) (MGS) (Entered: 10/29/1997)

10/29/1997 1134 MOTION by plaintiffs to extend time to file Answer in CV 92−13−H (MGS) (Entered: 11/06/1997)

10/30/1997 1135 ORDER by Mag Judge Leif B. Erickson granting motion to extend time to file Answer to Mtn/Dismiss in CV 92−13−H [1134−1], pltfs Langford et al have to 11/21/97. (cc: all counsel) (MGS) (Entered: 11/06/1997)

11/07/1997 1136 MOTION by State defendants in CV 94−6−H to dismiss (MGS) (Entered: 11/10/1997)

11/17/1997 1137 MEMORANDUM/BRIEF by state defendants in support of motion to dismiss [1136−1] (MGS) (Entered: 11/21/1997)

11/20/1997 1138 MOTION by plaintiffs to extend time to file resp to motion in CV 92−13−H − cpy to LBE w/proposed Order. (MGS) (Entered: 11/21/1997)

11/24/1997 1139 ORDER by Mag Judge Leif B. Erickson granting motion to extend time to file resp to motion in CV 92−13−H [1138−1] ; case management ddl set for 12/12/97 for pltfs to file same. (cc: all counsel) (MGS) (Entered: 11/26/1997)

12/09/1997 1140 ORDER by Mag Judge Leif B. Erickson granting motion for appointment of counsel [1109−1]: Scott Wurster for Daniel Orozco in CV 94−34−H. (cc: all counsel) (MGS) (Entered: 12/12/1997)

12/10/1997

REMARK − END OF FILE FOLDER #25 (MGS) (Entered: 12/15/1997)

12/12/1997 1141 MOTION by plaintiffs to extend time to respond to mtn to dismiss in CV 92−13−H − w/proposed Order. (to LBE) (MGS) (Entered: 12/15/1997)

12/15/1997 1142 ORDER by Mag Judge Leif B. Erickson granting motion to extend time to respond to mtn to dismiss in CV 92−13−H [1141−1], pltfs hv to 12/26/97. (cc: all counsel)

Case: 6:93-cv-46 As of: 07/02/2020 08:24 AM MDT 66 of 95

(MGS) (Entered: 12/15/1997)

12/18/1997 1143 ORDER by Mag Judge Leif B. Erickson that pltf Mark Peck has to 01/23/98 to respond to mtn to dismiss in CV 93−84−H. (cc: all counsel) (MGS) (Entered: 12/23/1997)

12/18/1997 1144 ORDER by Mag Judge Leif B. Erickson that pltf David Oppelt has to 01/23/98 to respond to Mtn for SumJgm in CV 93−83−H. (cc: all counsel) (MGS) (Entered: 12/23/1997)

01/12/1998 1145 MOTION by plaintiff James Morrison for appointment of counsel in CV 94−6−H (MGS) (Entered: 01/12/1998)

01/16/1998 1146 MOTION by plaintiff David Oppelt to extend time to respond to mtn for sum/jgm in CV 93−83−H (MGS) (Entered: 01/20/1998)

01/20/1998 1147 ORDER by Mag Judge Leif B. Erickson granting motion to extend time to respond to mtn for sum/jgm in CV 93−83−H [1146−1] regarding [1116−1], pltf Oppelt has to 2/23/98 to file same. (cc: all counsel) (MGS) (Entered: 01/27/1998)

02/02/1998 1148 SECOND JOINT STIPULATION BY ALL in CV 92−13−H regarding medical care (MGS) (Entered: 02/02/1998)

02/02/1998 1149 MOTION by plaintiff Terry Langford and defts in CV 92−13−H for order approving stipulation re medical care, in CV 92−13−H (MGS) (Entered: 02/02/1998)

02/09/1998

1150

ORDER by Mag Judge Leif B. Erickson granting motion for order approving stipulation re medical care, in CV 92−13−H [1149−1] granting stipulation [1148−1]; said Stipulation is approved and entered as Order of the Court; Further, Ordered that defts shll post cpys of annexed Ntc to Members of the Class in all areas at MSP and Warm Springs as set out in this Order. (cc: all counsel) (MGS) (HEG, ). (Entered: 02/17/1998)

02/09/1998

MINUTES: finding the motion to dismiss partial supervision of settlement agreement in CV 92−13−H [1098−1] moot on the entry of Order 1150 . (MGS) (Entered: 03/16/1998)

02/11/1998 1151 RESPONSE by plaintiff David Oppelt to motion for summary judgment in CV 93−83−H [1116−1] (MGS) (Entered: 02/17/1998)

02/13/1998 1152 ORDER by Mag Judge Leif B. Erickson granting motion to dismiss CV 93−84−H [1102−1] − Judgment entered in individual case file − Mark Peck vs. Gamble et al. closed. (cc: all counsel) (MGS) (Entered: 02/17/1998)

02/24/1998

REMARK − association with CV 93−20−H, Birthmark vs. Tallon, terminated this date, per MAS (MGS) (Entered: 03/04/1998)

02/26/1998 1153 stipulated MOTION by plaintiff and defendant in 6:93−cv−00046 to extend time to file motions (MGS) (Entered: 03/02/1998)

02/27/1998 1154 ORDER by Mag Judge Leif B. Erickson granting motion to extend time to file motions [1153−1], all motions due by 5/28/98 in CV 93−74−H. (cc: all counsel) (MGS) (Entered: 03/02/1998)

03/04/1998 1155 ORDER by Mag Judge Leif B. Erickson removing CV 93−74−H−CCL, Maier vs. Autrey et al., from this Master Docket File. (cc: all counsel) (MGS) (Entered: 03/04/1998)

03/04/1998

MINUTES: [1068−1] motion to dismiss amended complaint in CV 93−74−H, termed in this Master Docket File; to be ruled on in the individual file. (MGS) (Entered: 03/16/1998)

03/12/1998 1156 ORDER by Mag Judge Leif B. Erickson removing CV 93−83−H−LBE, David Oppelt vs. Autrey, from this Master Docket File. (cc: all counsel) (MGS) (Entered: 03/12/1998)

03/12/1998

MINUTES: [1116−1] motion for summary judgment in CV 93−83−H termed in this Master Docket File; to be ruled on in the individual file. (MGS) (Entered: 03/16/1998)

Case: 6:93-cv-46 As of: 07/02/2020 08:24 AM MDT 67 of 95

03/16/1998 1157 ORDER by Mag Judge Leif B. Erickson removing CV 94−6−H−LBE, James Morrison vs. Day, et al., from this Master Docket File. (cc: all counsel) (MGS) (Entered: 03/16/1998)

03/16/1998

MINUTES: [1145−1] motion for appointment of counsel in CV 94−6−H, [1136−1] motion to dismiss CV 94−6−H [1131−1], and motion to extend time for motions to be filed in CV 94−6−H − all termed in this Master Docket File, to be ruled on in the individual file. (MGS) (Entered: 03/16/1998)

03/19/1998 1158 ORDER by Mag Judge Leif B. Erickson removing CV 94−34−H−LBE, Daniel Orozco, from this Master Docket File. (cc: all counsel) (MGS) (Entered: 03/19/1998)

04/02/1998 1159 NOTICE of change of address of attorney Scott Wurster (cpy to atty data clk) (MGS) (Entered: 04/03/1998)

10/09/1998 1160 MOTION by plaintiffs for supplemental attorney fees and expenses in CV 92−13−H−LBE, Langford et al vs. Racicot, et al. (MGS) (Entered: 10/09/1998)

10/09/1998 1161 MEMORANDUM/BRIEF by plaintiffs in support of motion for supplemental attorney fees and expenses in CV 92−13−H−LBE, Langford et al vs. Racicot, et al. [1160−1] (MGS) (Entered: 10/09/1998)

10/09/1998 1162 DECLARATION of Eric G. Balaban re [1160−1] − bulky exhibits to this are in separate expando folder w/CV 92−13−H. (MGS) (Entered: 10/09/1998)

10/09/1998

PROPOSED Order granting 1160 submitted by plaintiffs, to LBE/L.Clk w/cpys of mtn & supporting docs. (MGS) (Entered: 10/09/1998)

10/20/1998 1163 MOTION by defendants to extend time to respond to motion for attys fees in CV 92−13−H − to LBE w/proposed Order. (MGS) (Entered: 10/21/1998)

10/22/1998 1164 ORDER by Mag Judge Leif B. Erickson granting motion to extend time to respond to motion for attys fees in CV 92−13−H [1163−1], defts hv l4 add'l days. (cc: all counsel) (MGS) (Entered: 10/22/1998)

11/06/1998 1165 DECLARATION of Scott C. Wurster re [1160−1] (MGS) (Entered: 11/09/1998)

11/08/1998 1166 RESPONSE by defendants to motion for supplemental attorney fees and expenses in CV 92−13−H−LBE, Langford et al vs. Racicot, et al. [1160−1] − cpy to MAS (MGS) (Entered: 11/18/1998)

11/18/1998 1167 MOTION by plaintiffs in CV 92−13−H to extend time to file their reply brief − cpy w/proposed Order to LBE (MGS) (Entered: 11/18/1998)

11/19/1998 1168 ORDER by Mag Judge Leif B. Erickson granting motion to extend time to file reply brief [1167−1], pltfs have to 12/3/98 to file same. (cc: all counsel in CV 92−13−H) (MGS) (Entered: 11/19/1998)

12/03/1998 1169 AFFIDAVIT of Scott C. Wurster re [1160−1] (MGS) (Entered: 12/03/1998)

12/03/1998 1170 MOTION by plaintiffs Langford et al. to extend time to file reply brief in CV 92−13−H (MGS) (Entered: 12/03/1998)

12/07/1998 1171 REPLY by plaintiff to response to motion for supplemental attorney fees and expenses in CV 92−13−H−LBE, Langford et al vs. Racicot, et al. [1160−1] (MGS) (Entered: 12/07/1998)

12/07/1998 1172 AFFIDAVIT of Eric Balaban] re [1171−1] − Exhibits filed in CV 92−13−H (MGS) (Entered: 12/07/1998)

12/08/1998 1173 ORDER by Mag Judge Leif B. Erickson granting motion to extend time to file reply brief in CV 92−13−H [1170−1], pltfs hv to 12/7/98. (MGS) (Entered: 12/08/1998)

12/15/1998 1174 Third MOTION by defendants to dismiss partial supervision of settlement agreement in CV 92−13−H (MGS) (Entered: 12/16/1998)

12/15/1998 1175 MEMORANDUM/BRIEF by defendants in support of motion to dismiss partial supervision of settlement agreement in CV 92−13−H [1174−1] (MGS) (Entered: 12/16/1998)

Case: 6:93-cv-46 As of: 07/02/2020 08:24 AM MDT 68 of 95

01/05/1999 1176 RESPONSE by plaintiffs to motion to dismiss partial supervision of settlement agreement in CV 92−13−H [1174−1] (MGS) (Entered: 01/06/1999)

01/05/1999 1177 DECLARATION of Eric G. Balaban in support of [1176−1] (MGS) (Entered: 01/06/1999)

01/19/1999 1178 REPLY by defendants to response to motion to dismiss partial supervision of settlement agreement in CV 92−13−H [1174−1]. Individual file delivered to: LBE (MGS) (Entered: 01/22/1999)

01/27/1999 1179 ORDER by Mag Judge Leif B. Erickson granting in part and denying in part the motion to dismiss partial supervision of settlement agreement in CV 92−13−H [1174−1] (cc: all counsel in individual file) (MGS) (Entered: 01/27/1999)

02/16/1999 1180 STATUS REPORT by defendant Dept Corr Personnel, copy to LBE. (MCN) (Entered: 02/19/1999)

03/03/1999 1181 ORDER by Mag Judge Leif B. Erickson entered in CV 92−13−H, that pltffs shll file any objections by 3/19/99 to dismissal of claim re TB testing. (cc: all counsel) (MGS) (Entered: 03/25/1999)

03/05/1999 1182 RESPONSE by plaintiff MSP Inmates to [1180−1] Status report re: tuberculosis testing cpy. to LBE chambers (CAD) Modified on 03/25/1999 (Entered: 03/05/1999)

03/05/1999 1183 DECLARATION by plaintiff Eric Balaban re [1182−1] cpy. to LBE chambers (CAD) Modified on 03/25/1999 (Entered: 03/05/1999)

03/06/1999

REMARK − END OF FILE FOLDER #26 ....................... (MGS) (Entered: 03/25/1999)

03/22/1999 1184 ATTORNEY APPEARANCE for plaintiff MSP Inmates Langford et al in CV 92−13−H by Elizabeth H. Brenneman (MGS) (Entered: 03/25/1999)

03/22/1999 1185 DECLARATION OF ELIZABETH BRENNEMAN re [1184−1] (MGS) (Entered: 03/25/1999)

03/24/1999 1186 REPLY by defendants Marc Racicot et al. to pltffs' response in CV 92−13−H re Tuberculosis Testing issue. Cpy to MAS (MGS) (Entered: 03/25/1999)

03/24/1999 1187 AFFIDAVIT of Dr. Robert Jones re [1186−1] (MGS) (Entered: 03/25/1999)

05/07/1999 1188 ORDER by Mag Judge Leif B. Erickson that Crt will stay its ruling on defts' app for dismissal of Settlement Agreemnt re TB screening, pending rec't of med monitors' rept after 6/99 inspection. (cc: all counsel) (MGS) (Entered: 05/11/1999)

07/06/1999 1189 NOTICE by plaintiffs in CV 92−13−H−LBE of Supplemental Authority in Support of Pltffs' Second Supplemental Motion for Reasonable Attorney's Fees and Expenses − cpy to MAS (MGS) (Entered: 07/06/1999)

07/29/1999 1190 REPLY by plaintiffs to response to motion for supplemental attorney fees and expenses in CV 92−13−H−LBE, Langford et al vs. Racicot, et al. [1160−1] Copy delivered to: MAS (MGS) (Entered: 07/30/1999)

08/06/1999 1191 NOTICE that with the filing brief all issues in the pending motion re atty fees is fully briefed and now ripe for decision by the court, by plaintiff MSP Inmates. Copy to MAS. (MCN) (Entered: 08/06/1999)

08/12/1999 1192 RESPONSE by defendant Dept Corr Personnel to Plaintiffs' Notice of Supplemental Authority. Copy to MAS. (MCN) (Entered: 08/12/1999)

08/27/1999 1193 MOTION by defendant Dept Corr Personnel to dismiss for failure to prosecute (BAW) (Entered: 08/30/1999)

08/27/1999 1194 MEMORANDUM/BRIEF by defendant Dept Corr Personnel in support of motion to dismiss for failure to prosecute [1193−1] (BAW) (Entered: 08/30/1999)

09/07/1999 1195 MINUTES: finding the motion to dismiss for failure to prosecute CV 94−34−H [1193−1] moot; said case was removed from this Master Docket 3/19/98 and was dismissed and judgment entered 2/5/99. (MGS) (Entered: 09/08/1999)

Case: 6:93-cv-46 As of: 07/02/2020 08:24 AM MDT 69 of 95

09/07/1999 1196 MOTION by plaintiffs for order approving stipulation re medical care − cpy to MAS w/proposed Order and Stipulation (MGS) (Entered: 09/08/1999)

09/09/1999

1197

ORDER by Mag Judge Leif B. Erickson entered in CV 92−13−H−LBE, Langford et al vs. Racicot et al., granting motion for order approving stipulation re medical care [1196−1], said stipulation is approved and entered as an Order of the Court. FURTHER, the dfts shll post cpys of the attached Notice to Members of the Class in each housing area at MSP, provide a separate cpy to each prisoner in det'n or Max at MSP and place cpys of the Stipulation and Settlement Agreement in the High and Low Side libraries at MSP. (cc: all counsel, w/Notice attached) (MGS) (Entered: 09/09/1999)

09/09/1999

1198

THIRD JOINT STIPULATION REGARDING MEDICAL CARE, entered as an ORDER by Mag Judge Leif B. Erickson in CV 92−13−H−LBE, Langford et al vs. Racicot, et al., dismissing medical sections TB Screening, Medication Distribution and Chronic Care Patients as well as the remaining mental health sections of the Settlement Agreement from the said action, w/prejudice. (cc: all counsel) (MGS) (Entered: 09/09/1999)

09/30/1999

1199

ORDER by Mag Judge Leif B. Erickson granting motion for supplemental attorney fees and expenses in CV 92−13−H−LBE, Langford et al vs. Racicot, et al. [1160−1]; pltffs shll submit fee request delineatinng the total of requested fees that are subject to award under 42:1988 and those under 42:1997e; by 10/15/99 defts shll i.d. fees requested by pltffs which they believe are improperly documented; pltffs shll hv l0 days to respond. (cc: all counsel in CV 92−13−H) (MGS) (Entered: 10/05/1999)

10/14/1999 1200 MOTION by defendants in CV 92−13−H to extend time to respond to Court's Order 1199 − cpy to LBE w/file CV 92−13−H (MGS) (Entered: 10/15/1999)

10/15/1999 1201 SUMMARY OF ATTORNEY FEES filed by atty Ed Sheehy in reponse to [1199−1] − cpy to MAS (MGS) (Entered: 10/22/1999)

10/18/1999 1202 RESPONSE to [1199−1] filed by National Prison Project, cpy to MAS w/attachments. (MGS) (Entered: 10/22/1999)

10/22/1999 1203 ORDER by Mag Judge Leif B. Erickson granting motion to extend time to respond to Court's Order 1199 [1200−1], dfts hv to 10/25/99. (cc: all counsel) (MGS) (Entered: 10/22/1999)

10/25/1999 1204 RESPONSE by defendants to [1199−1]: OBJECTION TO PLTFF'S FEE REQUEST. cpy to MAS (MGS) (Entered: 10/26/1999)

11/09/1999 1205 ORDER pla.'s file their respon to dft.'s obj.'s to pla.'s fee request to 11/15/99 by Mag Judge Leif B. Erickson (cc: all counsel) (CAD) (Entered: 11/12/1999)

11/12/1999 1206 RESPONSE to dft.'s obj. to pla.'s fee request by plaintiff MSP Inmates to [1204−1] (CAD) (Entered: 11/12/1999)

11/12/1999 1207 AFFIDAVIT of Eric Balaban re [1206−1] (CAD) (Entered: 11/12/1999)

11/12/1999 1208 MOTION by plaintiff MSP Inmates to exceed page limitation; resp. to dft.'s obj.'s fee request (CAD) (Entered: 11/29/1999)

11/12/1999

PROPOSED Order re #1208 submitted by plaintiff MSP Inmates (CAD) (Entered: 11/29/1999)

11/29/1999

FILE #28 DELIVERED to LBE chambers for review of mnt. #1208 along w/proposed order (CAD) (Entered: 11/29/1999)

11/29/1999 1209 ORDER by Mag Judge Leif B. Erickson granting motion to exceed page limitation; resp. to dft.'s obj.'s fee request [1208−1]. (cc: all counsel in CV 92−13−H) (MGS) (Entered: 11/30/1999)

12/15/1999 1210 ORDER by Mag Judge Leif B. Erickson ; in−court hearing set for 10:00 1/10/00 on attorney's fees and costs still in dispute (cc: all counsel) (BAW) (Entered: 12/15/1999)

01/10/2000 1213 SUPPLEMENTAL MEMORANDUM RE: ATTORNEY'S FEES submitted by dfts in CV 92−13−H−LBE, Langford vs Racicot (KJH) Modified on 02/29/2000 (Entered: 02/29/2000)

Case: 6:93-cv-46 As of: 07/02/2020 08:24 AM MDT 70 of 95

01/14/2000 1211 MOTION by plaintiff MSP Inmates to continue hearing set for 1/10/00 (UNOPPOSED) (KJH) Modified on 02/29/2000 (Entered: 02/10/2000)

01/28/2000 1212 ORDER by Mag Judge Leif B. Erickson granting motion to continue hearing set for 1/10/00 [1211−1] ; in−court hearing on plaintiffs' atty fees and costs still in dispute is re−set for 10:00 2/29/00 (cc: all counsel) (KJH) Modified on 02/29/2000 (Entered: 02/10/2000)

02/29/2000 1214 MINUTES: before Mag Judge Leif B. Erickson; counsel having advised that the issue of attorney fees and expenses in CV 92−12−H−LBE, Langford vs Racicot, has been resolved, oral argument scheduled for this date is vacated (KJH) Modified on 02/29/2000 (Entered: 02/29/2000)

03/14/2000 1215 STIPULATION − SECOND SUPPLEMENTAL MOTION FOR FEES AND COSTS − SCOTT C. WURSTER has been paid. (LLL) (Entered: 03/15/2000)

03/14/2000 1216 STIPULATION BY ALL − SECOND SUPPLEMENTAL MOTION FOR FEES AND COSTS − NATIONAL PRISON PROJECT has been paid. (LLL) (Entered: 03/15/2000)

03/14/2000 1217 STIPULATION BY ALL − SECOND SUPPLEMENTAL MOTION FOR FEES AND COSTS − EDMUND F. SHEEHY has been paid. (LLL) (Entered: 03/15/2000)

06/02/2000

PROPOSED Joint Motion to Approve Stipulation regarding medical care submitted by plaintiff MSP Inmates (MCN) (Entered: 06/02/2000)

06/02/2000

PROPOSED Fourth Joint Stipulation regarding medical care submitted by plaintiff MSP Inmates (MCN) (Entered: 06/02/2000)

06/02/2000

PROPOSED order submitted by plaintiff MSP Inmates, (MCN) (Entered: 06/02/2000)

06/02/2000

FILE DELIVERED to chambers for review of prop docs (MCN) (Entered: 06/02/2000)

06/05/2000 1220 ORDER by Mag Judge Leif B. Erickson directing Clerk to enter Joint Motion to Approve Stipulation Regarding Medical Care [1219−1], Fourth Joint Stipulation Regarding Medical Care [1218−1] (see Order for specifics)(cc: all counsel, KJH). (LLL) (Entered: 06/06/2000)

06/06/2000 1218 JOINT MOTION by plaintiffs, defendants for order approving stipulation regarding medical care . (LLL) (Entered: 06/06/2000)

06/06/2000 1219 FOURTH JOINT MOTION by plaintiffs, defendants for order approving stipulation regarding medical care . (LLL) (Entered: 06/06/2000)

06/09/2000 1221 MOTION by plaintiff MSP Inmates for order limiting discovery . (LLL) (Entered: 06/09/2000)

06/09/2000 1222 DECLARATION OF ERIC BALABAN by plaintiff MSP Inmates re motion for limited discovery [1221−1]. (LLL) (Entered: 06/09/2000)

06/21/2000 1223 RESPONSE by defendant Dept Corr Personnel to motion for order limiting discovery [1221−1] (MCN) (Entered: 06/22/2000)

07/03/2000 1224 CONSENT MOTION by plaintiff MSP Inmates for expedited consideration of motion for limited discovery . (LLL) (Entered: 07/05/2000)

07/03/2000 1225 REPLY by plaintiff MSP Inmates in support of motion for limited discovery [1221−1], copy to LBE. (LLL) (Entered: 07/05/2000)

07/03/2000 1226 DECLARATION of Eric Balaban re [1225−1]. (LLL) (Entered: 09/28/2000)

07/07/2000

1227

ORDER by Mag Judge Leif B. Erickson granting motion for expedited consideration of motion for limited discovery [1224−1], granting motion for order for limited discovery [1221−1]. IT IS HEREBY ORDERED that the motion by Plaintiffs to review medical records and logs to document compliance with the provisions of the agreement specifically referenced in this Order is GRANTED. (cc: all counsel) (SAN) (Entered: 07/14/2000)

Case: 6:93-cv-46 As of: 07/02/2020 08:24 AM MDT 71 of 95

07/28/2000 1228 THIRD SUPPLEMENTAL MOTION by plaintiff MSP Inmates for reasonable attorney's fees and expenses . (LLL) (Entered: 07/28/2000)

08/15/2000 1229 UNOPPOSED MOTION by defendants for extension of time until 8/31/00 to file response to third supplemental motion . (LLL) Modified on 08/16/2000 (Entered: 08/16/2000)

08/15/2000 1230 ORDER by Mag Judge Leif B. Erickson granting motion for extension of time until 8/31/00 to file response to third supplemental motion [1229−1] (cc: all counsel). (LLL) Modified on 08/16/2000 (Entered: 08/16/2000)

08/25/2000 1231 FIFTH JOINT STIPULATION BY ALL re medical care [1218−1]. (LLL) (Entered: 08/28/2000)

08/25/2000 1232 NOTICE TO ALL MEMEBERS OF THE PLAINTIFF CLASS OF STIPULATION REGARDING MEDICAL CARE by defendant Dept Corr Personnel. (LLL) (Entered: 08/28/2000)

08/25/2000 1233 JOINT MOTION by plaintiff MSP Inmates, defendant Dept Corr Personnel for order approving stipulation regarding medical care . (LLL) (Entered: 08/28/2000)

08/25/2000

PROPOSED Order submitted by plaintiff MSP Inmates, defendant Dept Corr Personnel. (LLL) (Entered: 08/28/2000)

08/29/2000 1234 OBJECTIONS by defendant Dept Corr Personnel to Plaintiffs' Third Supplemental Motion for Fees [1228−1]. (LLL) (Entered: 08/30/2000)

08/29/2000 1235 ORDER by Mag Judge Leif B. Erickson granting motion for order approving stipulation regarding medical care [1233−1] (cc: all counsel). (LLL) (Entered: 08/30/2000)

09/11/2000 1236 MOTION by plaintiff MSP Inmates for extension of time until 9/28/00 to file response to Defendants' Objection to Plaintiffs' Fee Request . (LLL) (Entered: 09/12/2000)

09/11/2000

PROPOSED Order re: Motion for Extension of Time submitted by plaintiff MSP Inmates. (LLL) (Entered: 09/12/2000)

09/12/2000 1237 ORDER by Mag Judge Leif B. Erickson granting motion for extension of time until 9/28/00 to file response to Defendants' Objection to Plaintiffs' Fee Request [1236−1] (cc: all counsel). (LLL) (Entered: 09/12/2000)

09/28/2000 1238 REPLY by plaintiff MSP Inmates in support of motion for reasonable attorney's fees and expenses [1228−1], file delivered to: LBE. (LLL) (Entered: 09/28/2000)

09/28/2000 1239 DECLARATION of Eric Balaban re [1238−1]. (LLL) (Entered: 09/28/2000)

09/28/2000

PROPOSED Order submitted by plaintiff MSP Inmates. (LLL) (Entered: 09/28/2000)

09/28/2000

RED FILE DELIVERED to LBE for review of items #1228, 1234, 1238, 1239 and proposed Order. (LLL) (Entered: 09/28/2000)

10/05/2000 1240 ORDER by Mag Judge Leif B. Erickson setting telephonic hearing on motion for reasonable attorney's fees and expenses [1228−1] 2:00 10/18/00 in Missoula, granting & denying in part motion for reasonable attorney's fees and expenses [1228−1] (cc: all counsel) (MCN) (Entered: 10/05/2000)

10/18/2000 1241 MINUTES: before Mag Judge Leif B. Erickson; the court having been advised that the issue scheduled for hearing this date has been settled, hearing vacated. (KJH) (Entered: 10/23/2000)

11/09/2000 1242 STIPULATION BY ALL re [1228−1] that all atty fees and costs claimed by ACLU of Montana as part of third supplemental motion for reasonable costs and attorneys' fees have been compromised and the compromise amount has been paid and discharged (KJH) (Entered: 11/14/2000)

11/09/2000 1243 STIPULATION BY ALL re [1228−1] that all atty vees and costs claimed by the National Prison Project as part of the third supplemental motion for reasonable costs and attorneys' fees have been compromised and the compromise amount has been paid and discharged (KJH) (Entered: 11/14/2000)

Case: 6:93-cv-46 As of: 07/02/2020 08:24 AM MDT 72 of 95

11/14/2000 1244 ORDER by Mag Judge Leif B. Erickson finding the third supplemental motion/ stipulation for fees and costs [1243−1] moot. (cc: all counsel). (LLL) (Entered: 11/15/2000)

12/20/2000 1245 JOINT MOTION by plaintiff MSP Inmates, defendant Dept Corr Personnel for order to approve stipulation regarding medical care . (LLL) (Entered: 12/21/2000)

12/20/2000 1246 SIXTH JOINT STIPULATION BY ALL re medical care [1218−1]. (LLL) (Entered: 12/21/2000)

12/20/2000 1247 ORDER by Mag Judge Leif B. Erickson adopting [1246−1], granting motion for order to approve stipulation regarding medical care [1245−1] (cc: all counsel). (LLL) (Entered: 12/21/2000)

01/03/2001 1248 NOTICE by plaintiff MSP Inmates of change of address of the National Prison Project. (MCN) (Entered: 01/04/2001)

04/09/2001 1249 MOTION by plaintiff MSP Inmates for order approving Joint Stipulation Regarding Medical Care (KJH) (Entered: 04/24/2001)

04/09/2001 1250 SEVENTH JOINT STIPULATION REGARDING MEDICAL CARE (KJH) (Entered: 04/24/2001)

04/09/2001

PROPOSED Order granting motion for order [1249−1] and approving Seventh Joint Stipulation Regarding Medical Care [1250−1] (KJH) (Entered: 04/24/2001)

04/24/2001

Copies of Motion [1249−1] and Stipulation 1250 delivered to LBE w/proposed Order (KJH) (Entered: 04/24/2001)

04/24/2001 1251 ORDER by Mag Judge Leif B. Erickson granting motion for order approving Joint Stipulation Regarding Medical Care [1249−1], adopting [1250−1] (cc: all counsel) (KJH) (Entered: 04/30/2001)

06/08/2001

LETTER received from Alvin Bullchild dated 5/29/01 requesting update; delivered file to Tim Line for review. (LLL) (Entered: 06/08/2001)

07/09/2001 1252 FOURTH SUPPLEMENTAL MOTION by plaintiff MSP Inmates for reasonable attorney's fees and expenses . (LLL) (Entered: 07/11/2001)

07/09/2001

PROPOSED Order submitted by plaintiff MSP Inmates. (LLL) (Entered: 07/11/2001)

07/11/2001

RED FILE DELIVERED to LBE for review of item #1252 and proposed Order. (LLL) (Entered: 07/11/2001)

07/20/2001 1253 MOTION by defendant Dept Corr Personnel for additional time to respond to Motion for Attorney's fees . (LLL) (Entered: 07/24/2001)

07/20/2001

PROPOSED Order submitted by defendant Dept Corr Personnel. (LLL) (Entered: 07/24/2001)

07/24/2001

RED FILE DELIVERED to LBE for review of item #1253 and proposed Order. (LLL) (Entered: 07/24/2001)

07/25/2001 1254 ORDER by Mag Judge Leif B. Erickson granting motion for additional time to respond to Motion for Attorney's fees until 8/20/01 [1253−1] (cc: all counsel). (LLL) (Entered: 07/25/2001)

08/17/2001 1255 MOTION by defendant Dept Corr Personnel for additional time to respond to Motion for Attorney's Fees . (LLL) (Entered: 08/20/2001)

08/17/2001

PROPOSED Order submitted by defendant Dept Corr Personnel. (LLL) (Entered: 08/20/2001)

08/20/2001

RED FILE DELIVERED to LBE for review of item #1255 and proposed Order. (LLL) (Entered: 08/20/2001)

08/31/2001 1257 NOTICE TO COURT by defendant Dept Corr Personnel. (LLL) (Entered: 09/06/2001)

09/04/2001 1256 ORDER by Mag Judge Leif B. Erickson granting motion for additional time to respond to Motion for Attorney's Fees until 8/31/01 [1255−1] (cc: all counsel). (LLL)

Case: 6:93-cv-46 As of: 07/02/2020 08:24 AM MDT 73 of 95

(Entered: 09/04/2001)

09/06/2001 1258 ORDER by Mag Judge Leif B. Erickson denying motion for reasonable attorney's fees and expenses [1252−1] (cc: all counsel). (LLL) (Entered: 09/07/2001)

10/24/2001 1259 MOTION by defendant Dept Corr Personnel for order for approval of settlement (BAW) (Entered: 11/05/2001)

10/24/2001

PROPOSED order submitted by defendant Dept Corr Personnel (BAW) (Entered: 11/05/2001)

10/24/2001 1260 STIPULATION BY ALL that all atty. fees and costs claimed by the ACLU of Mt. in Plf. 4th supplemental motion for reasonable costs and atty. fees have been compromised and the compromise amt. has been paid and discharged pursuant to the Release (copy to LBE chambers) (BAW) (Entered: 11/05/2001)

11/05/2001

RED FILE DELIVERED to Chambers for doc. 1259 (BAW) (Entered: 11/05/2001)

11/05/2001

RED FILE DELIVERED to LBE chambers for doc. 1259 (BAW) (Entered: 11/05/2001)

11/06/2001 1261 ORDER by Mag Judge Leif B. Erickson regarding [1260−1], granting motion for order for approval of settlement of plaintiffs' Fourth Supplemental Motion for Fees and Costs [1259−1] (cc: all counsel) (KJH) (Entered: 11/07/2001)

03/07/2002 1262 ORDER by Mag Judge Leif B. Erickson directing parties to file a status report by 3/20/02 (cc: all counsel). (LLL) (Entered: 03/11/2002)

03/21/2002 1263 STATUS REPORT by defendants, parties anticipate further Stipulation while compliance visits are pending and then, hopefully, will be stipulating to a dismissal offinal issue if Dr. Shansky finds substantial and continuing compliance has occurred. (orig sent to Clk, Missoula, for file) (GAR) (Entered: 03/21/2002)

03/21/2002 1264 STATUS REPORT by plaintiff MSP Inmates. (LLL) (Entered: 03/21/2002)

03/21/2002 1265 DECLARATION by Eric Balaban for plaintiff MSP Inmates re [1264−1]. (LLL) (Entered: 03/21/2002)

03/22/2002 1266 CORRECTED STATUS REPORT by plaintiff MSP Inmates. (LLL) (Entered: 04/17/2002)

03/22/2002 1267 DECLARATION by plaintiff MSP Inmates re [1266−1]. (LLL) (Entered: 04/17/2002)

07/03/2002 1268 CONSENT MOTION by plaintiff MSP Inmates for order to approve stipulation regarding medical care . (LLL) (Entered: 08/08/2002)

07/03/2002 1269 EIGHTH JOINT STIPULATION BY ALL re [1268−1]. (LLL) (Entered: 08/08/2002)

07/03/2002

PROPOSED Order submitted by plaintiff MSP Inmates, defendant Dept Corr Personnel. (LLL) (Entered: 08/08/2002)

08/08/2002

RED FILE DELIVERED to LBE for review of items #1268, 1269 and proposed Order. (LLL) (Entered: 08/08/2002)

08/09/2002 1270 ORDER by Mag Judge Leif B. Erickson granting motion for order to approve stipulation regarding medical care [1268−1] (cc: all counsel). (LLL) (Entered: 08/12/2002)

08/14/2002 1271 INDEX OF EXHIBITS FOR FIFTH SUPPLEMENTAL MOTION by plaintiff MSP Inmates for reasonable attorneys fees and expenses . (LLL) (Entered: 08/15/2002)

08/14/2002

PROPOSED Order submitted by plaintiff MSP Inmates. (LLL) (Entered: 08/15/2002)

08/15/2002

RED FILE DELIVERED to LBE for review of item #1271 and proposed Order. (LLL) (Entered: 08/15/2002)

09/05/2002 1272 ATTORNEY APPEARANCE for defendant Dept Corr Personnel by Colleen Graham White (GAR) (Entered: 09/09/2002)

Case: 6:93-cv-46 As of: 07/02/2020 08:24 AM MDT 74 of 95

09/05/2002 1273 MOTION by defendant Dept Corr Personnel to extend time an additional 21 days to respond to Motion for Atty's Fees (faxed to Judge Erickson) (GAR) (Entered: 09/09/2002)

09/16/2002 1274 CONSENT MOTION by plaintiff MSP Inmates for order to approve stipulation regarding medical care . (LLL) (Entered: 09/18/2002)

09/16/2002 1275 EIGHTH JOINT STIPULATION REGARDING MEDICAL CARE BY ALL re [1274−1]. (LLL) (Entered: 09/18/2002)

09/16/2002

PROPOSED Order submitted by plaintiff MSP Inmates. (LLL) (Entered: 09/18/2002)

09/16/2002 1276 ORDER by Mag Judge Leif B. Erickson granting motion to extend time to respond to Motion for Atty's Fees by 9/26/02 [1273−1] (cc: all counsel). (LLL) (Entered: 09/18/2002)

09/19/2002 1277 ORDER by Mag Judge Leif B. Erickson granting motion for order to approve stipulation regarding medical care [1274−1] (cc: all counsel). (LLL) (Entered: 09/20/2002)

09/27/2002 1278 MOTION by Dept Corr Personnel to extend time to file response to Plf's 5th Suppl. Motn for Rsnbl Atty fees and Expenses. (BAF) (Entered: 09/27/2002)

09/30/2002 1279 ORDER by Mag Judge Leif B. Erickson granting motion to extend time an additional 21 days to respond to Motion for Atty's Fees [1273−1]; defendant shall have to 10/10/02 to file their response (cc: all counsel). (LLL) (Entered: 10/03/2002)

10/10/2002 1280 MOTION by defendant Dept Corr Personnel for approval of settlement (GAR) Modified on 10/30/2002 (Entered: 10/11/2002)

10/11/2002

RED MOTION FILE re #1282, Motion for appvl of settlement DELIVERED to Clerk, Missoula, for Mag. Judge Erickson with proposed order (GAR) (Entered: 10/11/2002)

10/30/2002 1281 ORDER by Mag Judge Leif B. Erickson granting motion to extend time to file response to Plf's 5th Suppl. Motn for Rsnbl Atty fees and Expenses [1278−1], granting motion for approval of settlement [1280−1] (cc: all counsel). (LLL) (Entered: 11/07/2002)

05/22/2003

FILE (Volumes 1 thru 29) DELIVERED to Helena from Missoula by CAD (KJH) (Entered: 05/22/2003)

05/22/2003

RECEIVED, at Helena, file of 29 volumes hand delivered by Clerk, Missoula (GAR) (Entered: 12/01/2003)

11/26/2003 1282 TENTH STIPULATION REGARDING MEDICAL CARE (copy to Judge Erickson) (GAR) (Entered: 12/01/2003)

11/26/2003 1283 MOTION by plaintiff MSP Inmates for order to approve stipulation regarding medical care (copy to Judge Erickson w/ proposed order) (GAR) (Entered: 12/01/2003)

12/03/2003 1284 ORDER by Mag Judge Leif B. Erickson granting motion for order to approve stipulation regarding medical care [1283−1]...it is ordered that the said Stipulation is approved and entered as an Order of the Court (cc: all counsel) (CLP) (Entered: 12/03/2003)

12/15/2003 1285 PLTFS' SIXTH SUPPLEMENTAL MOTION for attorney reasonable fees and expenses (GAR) (Entered: 12/17/2003)

12/15/2003 1286 INDEX OF EXHIBITS for Sixth Supplemental Motion for Reasonable Atty's Fees and Expenses by plaintiffs (GAR) (Entered: 12/17/2003)

12/17/2003

RED FILE DELIVERED to Judge Erickson for Motion #1285 for atty fees consisting of Motion & Exhibits (GAR) (Entered: 12/17/2003)

12/19/2003 1287 ORDER by Mag Judge Leif B. Erickson denying motion for attorney reasonable fees and expenses [1285−1 without prejudice (cc: Winter, Sheehy, Wurster, Brenneman, White) (SEALED) (Entered: 12/20/2003)

Case: 6:93-cv-46 As of: 07/02/2020 08:24 AM MDT 75 of 95

12/23/2003 1291 MAIL Returned [1284−1] Order, directed to Timoty Payne, USDOJ, Washington, DC. (GAR) (Entered: 01/23/2004)

12/30/2003 1288 Amended 6th Suppl. MOTION by plaintiff MSP Inmates for attorney fees (CAD) (Entered: 12/30/2003)

12/30/2003

PROPOSED Order re #1288 submitted by plaintiff MSP Inmates (CAD) (Entered: 12/30/2003)

12/30/2003

RED FILE DELIVERED to LBE chambers for Mtn. #1288 (CAD) (Entered: 12/30/2003)

01/21/2004 1289 ATTORNEY APPEARANCE for Dept Corr Personnel by Diana Koch (BAF) (Entered: 01/21/2004)

01/21/2004 1290 MOTION by Dept Corr Personnel to extend time to respond to plf 6th supplemental motion for reasonable atty fees and expenses. (cpy to LBE) (BAF) (Entered: 01/21/2004)

01/30/2004 1292 RESPONSE by plaintiff to motion to extend time to respond to plf 6th supplemental motion for reasonable atty fees and expenses. [1290−1] (GAR) (Entered: 02/02/2004)

01/30/2004 1293 DECLARATION by Eric Balaban re [1292−1] (GAR) (Entered: 02/02/2004)

01/30/2004 1294 MOTION by plaintiffs to expedite consideration (GAR) (Entered: 02/02/2004)

02/02/2004

REMARK Doc #1292−#1294 faxed to Judge Erickson, Red Motion file mailed re Motion #1294 (GAR) (Entered: 02/02/2004)

02/06/2004

1295

ATTORNEY SUBSTITUTION: terminating attorney Diana Koch for Dept Corr Personnel, attorney Diana Leibinger−Koch for Dept Corr Personnel, attorney Colleen Graham White for Dept Corr Personnel, attorney Colleen A. White for Dept Corr and substituting attorney Elizabeth S. Baker, Michael R. King (GAR) (Entered: 02/09/2004)

02/06/2004 1296 RESPONSE by defendant to motion to expedite consideration [1294−1] (GAR) (Entered: 02/09/2004)

02/06/2004 1296 REPLY by defendant to response to motion to extend time to respond to plf 6th supplemental motion for reasonable atty fees and expenses. [1290−1] (GAR) (Entered: 02/09/2004)

02/09/2004

REMARK Copy of Substitution of Counsel and Proposed Order re substitution forwarded to Judge Erickson. (GAR) (Entered: 02/09/2004)

02/09/2004

REMARK copy of Response/Reply #1296 to Judge Erickson (GAR) (Entered: 02/09/2004)

02/12/2004

1297

ORDER by Mag Judge Leif B. Erickson granting in part motion to extend time to respond to plf 6th supplemental motion for reasonable atty fees and expenses. [1290−1]. Should the pties be unable to resolve the issue of attys fees prior to that date, then a hrg on the motn is set ; set for 10:30 3/5/04 @ USDC Mssla, MT. Ea side to be allowed not greater than 1/2 hr to pr what evid and argumt they may have. (cc: Breneman, Wurster, Sheehy, Winter, Balahan, Koch, Baker, King) (BAF) (Entered: 02/13/2004)

02/13/2004 1298 ORDER by Mag Judge Leif B. Erickson to Substitute Elizabeth S. Baker and Michael R. King in place of Diana Leibinger Koch and Colleen Graham White (cc: Breneman, Wurster, Sheelhy, Winter/Balahan, Koch,White Baker, King) (BAF) (Entered: 02/13/2004)

02/20/2004 1299 RESPONSE by Dept Corr Personnel to Plf's Amended 6th Supplemental motion for attorney fees & expenses [1288−1] (BAF) (Entered: 02/20/2004)

02/20/2004 1300 AFFIDAVIT of Gary Graham re Atty feees [1288−1] (cpy to LBE in red file) (BAF) (Entered: 02/20/2004)

02/20/2004 1301 AFFIDAVIT of Cheryl Bolton re attorney fees [1288−1] (BAF) (Entered: 02/20/2004)

Case: 6:93-cv-46 As of: 07/02/2020 08:24 AM MDT 76 of 95

02/20/2004

Red FILE DELIVERED to LBE for review (contains cpies of 1288, 1292,1293,1299,1300,1301) (BAF) (Entered: 02/20/2004)

03/05/2004 1302 AFFIDAVIT of Carol Berger re; atty fees (CDH) (Entered: 03/05/2004)

03/05/2004 1303 MOTION by plaintiff to exceed page limitation of Brief (GAR) (Entered: 03/05/2004)

03/05/2004

RECEIVED Proposed Pltfs' Reply In Support of Pltfs 6th Supplemental Fees Motion (GAR) (Entered: 03/05/2004)

03/05/2004

RED MOTION FILE DELIVERED to Judge Erickson for Motion to file excess page brf doc #1303 (GAR) (Entered: 03/05/2004)

03/05/2004

1304

MINUTES: before Magistrate Judge Leif B. Erickson; Eric G. Balaban and Edmund F. Sheehy, counsel for plaintiffs, and Elizabeth S. Baker, atty for the Department of Corrections present for hearing regarding the Motion for Atty Fees; Eric G. Balaban was sworn and testified for plaintiffs and exhibits 1 and 2 were admitted w/o objection; Gary L. Graham was sworn and testified for dft; parties rest; closing arguments presented by cnsl Balaban and Baker and the matter was taken under advisement ; plaintiff exhibit 1 ordered sealed. C/R: Cathy Rebish (KJH) (Entered: 03/17/2004)

03/05/2004 1308 AFFIDAVIT of Carol Berger regarding RMTD atty fees (BAF) (Entered: 04/06/2004)

03/12/2004 1305 NOTICE OF APPEARANCE AD SUBSTITUTION OF COUNSEL by MSP Inmates substituting attorney Amy Randall in place of Beth Brenneman (red file to LBE) (BAF) Modified on 03/17/2004 (Entered: 03/12/2004)

04/01/2004 1306 STIPULATION BY ALL regarding attorney's fees. (faxed to LBE w/ propo) (BAF) Modified on 04/01/2004 (DED, ). (Entered: 04/01/2004)

04/01/2004 1307 ORDER by Mag Judge Leif B. Erickson that the stipulation regarding attorney fees [1288−1] is approved and entered as an order of the court. (cc: 13 cnsl) (BAF) (DED, ). (Entered: 04/02/2004)

04/16/2004 1309 Rec'd 4/1/04 order approving stip re atty fees, which was sent to Timothy R. Payne − returned "moved not forwardable". (BAF) (Entered: 04/19/2004)

06/21/2004 1316 ATTORNEY SUBSTITUTION: terminating Beth Brenneman and substituting attorney Andrew Huff for ACLU (cpy to LBE, Orig to Mssla for file) (BAF) (Entered: 06/22/2005)

03/16/2005 1310 NOTICE by plaintiff (ACLU) of Address Change (Copy to Atty Addr Maint Clerk, T.O.) (GAR) (Entered: 03/16/2005)

06/08/2005 1311 ORDER by Mag Judge Leif B. Erickson, parties shall file with court, either jointly or severally, a report as to current status of settlement matter and when court may expect final resolution. Such report shall be due on or bef 6/17/05. cc: all cnsl of rec in CV 93−46−H and CV 92−13−H. (GAR) (Entered: 06/10/2005)

06/16/2005 1312 STATUS REPORT by Dept Corr Personnel (0+1 to Mssla for file and LBE) (BAF) (Entered: 06/17/2005)

06/17/2005 1314 DECLARATION of Eric Balaban in suppt of Plaintiff's re [1313−1] (cpy to LBE, Orig to Mssla for file) (BAF) (Entered: 06/22/2005)

06/21/2005 1315 MOTION by Dept Corr Personnel for leave to respond to Plf Stat rpt (cpy to LBE, Orig to Mssla for file) (BAF) (Entered: 06/22/2005)

06/22/2005 1313 STATUS REPORT by MSP Inmates (BAF) (Entered: 06/22/2005)

06/27/2005 1317 RESPONSE by plaintiff to motion for leave to respond to Plf Stat rpt [1315−1] (copy faxed to LBE) (GAR) (Entered: 06/28/2005)

06/27/2005 1318 MAIL Returned Order [1311−1] directed to Timothy Payne rtnd Addressee Unknown (GAR) (Entered: 06/28/2005)

08/18/2005 1319 MOTION by defendants to dismiss Remaining Provisions of Settlement Agreement and Brif in Support w/ sealed documents attached (GAR) (Entered: 08/18/2005)

Case: 6:93-cv-46 As of: 07/02/2020 08:24 AM MDT 77 of 95

08/18/2005 1320 AFFIDAVIT of Mike Mahoney re [1319−1] (GAR) (Entered: 08/18/2005)

08/18/2005 1321 MOTION by defendants to seal Expert Report (GAR) (Entered: 08/18/2005)

08/18/2005

RED MOTION FILE DELIVERED to Judge Erickson for Motion to dismiss and motion to seal (GAR) (Entered: 08/18/2005)

08/19/2005

RECEIVED red motion file from clerk Helena/dlvd same to Judge Erickson's chambers (APP) (Entered: 08/19/2005)

08/23/2005 1322 ORDER by Mag Judge Leif B. Erickson granting motion to seal Expert Report [1321−1] (cc: Baker, Sheehy, Winter, ACLU Montana) (GAR) (Entered: 08/23/2005)

09/07/2005 1323 MOTION by plaintiffs to extend time to respond to Dfts' Motion to Dism Remaining Provisions of Settlement Agreement (GAR) (Entered: 09/07/2005)

09/07/2005

RED MOTION FILE DELIVERED to Judge Erickson for Motion for Ext of Time #1323 (GAR) (Entered: 09/07/2005)

09/12/2005 1325 ORDER by Mag Judge Leif B. Erickson granting motion to extend time to respond to Dfts' Motion to Dism Remaining Provisions of Settlement Agreement [1323−1] (cc: all counsel) (CDH) (Entered: 09/20/2005)

09/16/2005 1324 MOTION by plaintiff MSP Inmates to extend to resp to Dfts' Motion to Dism Remaining Provision of Settlement Agreement and Brief in Support at addtnl 14 days (FAXED to Judge Erickson w/ Proposed Order) (GAR) (Entered: 09/19/2005)

09/26/2005 1326 ORDER by Mag Judge Leif B. Erickson granting motion to extend to resp to Dfts' Motion to Dism Remaining Provision of Settlement Agreement and Brief in Support at addtnl 14 days [1324−1]. Plfs shall have until 10/3/05 to ile their response. (cc: all counsel) (BAF) (Entered: 09/26/2005)

09/27/2005 1327 Rec'd copy of 9/20/05 order back from Timothy Payne "Attemptewd, not known" (BAF) (Entered: 09/27/2005)

10/03/2005 1328 RESPONSE by plaintiff to motion to dismiss Remaining Provisions of Settlement Agreement [1319−1] (copy to LBE) (GAR) (Entered: 10/03/2005)

10/03/2005 1329 DECLARATION by plaintiff of Eric Blaban re [1328−1] (copy to LBE) (GAR) (Entered: 10/03/2005)

10/03/2005 1332 MAIL Returned [1326−1] addressed to defendant Dept Corr Personnel Timothy R. Payne, Washington, DC (GAR) (Entered: 10/25/2005)

10/14/2005 1330 REPLY by defendant to response to motion to dismiss Remaining Provisions of Settlement Agreement [1319−1] (cpy to LBE) (BAF) (Entered: 10/14/2005)

10/14/2005

PROPOSED Order for Partial Dismissal in accordance with settlement agreement. (orig to LBE) (BAF) (Entered: 10/14/2005)

10/18/2005 1331 ORDER by Mag Judge Leif B. Erickson that plaintiff's Complaint is dismissed w/prejudice as to Section V.1(l), Patient Referrals, in the parties' Settlement Agreement of October 1994 as dfts have sustained substantial compliance with that provision. (cc: all cnsl) (cc: all counsel) (BAF) (Entered: 10/21/2005)

10/21/2005 1333 MAIL Returned [1331−1] addressed to plaintiff MSP Inmate Wendell Gray AO#32888, MSP (GAR) (Entered: 10/25/2005)

10/21/2005 1334 MAIL Returned [1331−1] addressed to plaintiff MSP Inmate Jack W. Burk AO#22756 MSP (GAR) (Entered: 10/25/2005)

10/21/2005 1335 MAIL Returned [1331−1] addressed to plaintiff MSP Inmate Paul Gorder AO#33094 MSP (GAR) (Entered: 10/25/2005)

10/21/2005 1336 MAIL Returned [1331−1] addressed to plaintiff MSP Inmate Patrick Welliver, deceased (GAR) (Entered: 10/25/2005)

10/21/2005 1337 MAIL Returned [1331−1] addressed to plaintiff MSP Inmate Clyde Little Bear, AO#22354, MSP (Paroled) (GAR) (Entered: 10/25/2005)

Case: 6:93-cv-46 As of: 07/02/2020 08:24 AM MDT 78 of 95

10/21/2005 1338 MAIL Returned [1331−1] addressed to plaintiff MSP Inmate James Bingman (paroled) (GAR) (Entered: 10/25/2005)

10/21/2005 1339 MAIL Returned [1331−1] addressed to plaintiff MSP Inmate Trueman L Conrad (paroled) (GAR) (Entered: 10/25/2005)

10/24/2005 1340 MAIL Returned [1331−1] directed to Daniel E. Radi, Bozeman, MT (Unable to Forward) (GAR) (Entered: 10/25/2005)

10/25/2005 1341 MAIL Returned [1331−1] Directed to USDOJ, Timothy Payne (Box Closed, No Order) (GAR) (Entered: 10/25/2005)

10/25/2005 1342 MAIL Returned [1331−1] Directed to John Lucerod (not deliverable as addressed) (BAF) (Entered: 10/27/2005)

11/01/2005 1343 MAIL Returned [1331−1] addressed to plaintiff MSP Inmate James E. Ball, released−no forwarding addr. (GAR) (Entered: 11/03/2005)

11/28/2005 1344 MOTION for Scheduleing Order and to Appoint Expert by Montana State Prison Inmates. (GAR, ) (Entered: 11/29/2005)

11/28/2005 1345 Memorandum in Support re 1344 MOTION for Scheduling Order and MOTION to Appoint Expert filed by Montana State Prison Inmates. (GAR, ) (Entered: 11/29/2005)

11/28/2005 1346 DECLARATION re 1344 MOTION for Scheduling Order and MOTION to Appoint Expert filed by Montana State Prison Inmates. (Attachments: # 1 # 2 # 3)(GAR, ) (Entered: 11/29/2005)

12/06/2005 1347 RESPONSE in Opposition re 1344 MOTION for SchedulingOrder/ MOTION to Appoint Expert filed by State of Montana, Department of Corrections Personnel. (BAF, ) (Entered: 12/06/2005)

12/15/2005

Remark Vol 30 sent to Clerk, Missoula, for Judge Erickson (GAR, ) (Entered: 12/15/2005)

12/15/2005 1348 Mail Returned as Undeliverable. Mail sent to Betsy Brandborg, copy of Order of 10/18/05 for partial dismissal. No longer at Myer, Brown, Rowe, Washington, DC. (GAR, ) (Entered: 12/19/2005)

12/16/2005

Remark received file from Clerk Helena & dlvd to LBE chambers (CAD, ) (Entered: 12/16/2005)

12/20/2005 1349 REPLY to Response to Motion re 1344 MOTION for Order/Judgment MOTION to Appoint Expert filed by Montana State Prison Inmates. (GAR, ) (Entered: 12/21/2005)

01/26/2006 1350 ORDER denying 1319 Motion to Dismiss remaining provisions of Settlement Agreement, granting 1344 Motion for Scheduling Orderand Appointment of Expert 1344 . Order filed with Rationale attached. . Signed by Judge Leif B. Erickson on 1/26/2006. (GAR, ) (Entered: 02/01/2006)

01/26/2006

1351

SCHEDULING ORDER: Within 60 days of date of this order Defendants shall submit to Plaintiffs a report documenting efforts to comply with corrections provisions of Settlement Agreement that have not been previously dismissed with prejudice. Within 30 days of Defendants' submissions of report, parties shall meet and confer in order to resolve or narrow remaining corrections issues and agree upon a neutral expert to assess remaining corrections claims. Within 14 days of meeting, parties shall submit a joint report to Court stating what corrections provisions remain to be resolved. Should parties be unable to agree upon expert, they shall within 14 days of meeting each submit names and curriculum vitae of three candidates to Court. Court shall select on of the candadates, or candidate of Court's choosing. copy to all counsel of record.. Signed by Judge Leif B. Erickson on 1/26/2006. (GAR, ) (Entered: 02/01/2006)

02/02/2006

Remark file (vol. 30) mailed to clerk Helena per LBE chambers (APP, ) (Entered: 02/02/2006)

Case: 6:93-cv-46 As of: 07/02/2020 08:24 AM MDT 79 of 95

02/24/2006 1352 NOTICE OF APPEAL as to 1350 Order denying Motion to dismiss and terminate all remaining provitions of Settlement Agreement entered 1/26/06. $255.00 filing fee paid, Rec't 35551, filed by Defendants (GAR, ) Modified on 10/24/2006 to reopen notice of appeal (Crt of appeals requested file be sent.)(BAF, ). (Entered: 02/27/2006)

03/03/2006 1353 NOTICE by Defendants State of Montana, Department of Corrections Personnel Regarding Transcript on Appeal, no transcript will be order for reason that no hearing or oral argument was held before the Court on matter of provions of settlement agreement. (GAR, ) (Entered: 03/06/2006)

03/06/2006 1354 CERTIFICATE OF RECORD transmitted to 9th Circuit re: 1352 Notice of Appeal.Copies to counsel. Notice of 3/3/06 re record on appeal attached to Certificate of Record(GAR, ) (Entered: 03/06/2006)

03/06/2006 1355 Unopposed MOTION to Stay Pending Appeal by State of Montana, Department of Corrections Personnel. (Attachments: # 1)(BAF, ) (Entered: 03/06/2006)

03/09/2006 1356 Notice of Ninth Circuit cause number assigned: No. 06−35182 and USCA Scheduling Order as to 1352 Notice of Appeal filed by State of Montana, Department of Corrections Personnel, (GAR, ) (Entered: 03/09/2006)

03/10/2006 1357 ORDER STAYING CASE, Motions terminated: 1355 MOTION to Stay pending appeal filed by State of Montana, Department of Corrections Personnel,.. Signed by Judge Leif B. Erickson on 3/8/2006. (GAR, ) Modified on 3/13/2006 to correct date order was signed(GAR, ). (Entered: 03/13/2006)

06/09/2006

Judge Jeremiah C. Lynch added. Judge Leif B. Erickson no longer assigned to case. (CDH, ) (Entered: 10/06/2006)

10/24/2006

Certified and Transmitted Record on Appeal to US Court of Appeals re 1352 Notice of Appeal,. Record consists of 30 volume(s) of pleadings, 0 volume(s) of transcripts, 0 folder(s) of exhibits, Appeal No. 06−35182 (ded, ) (Entered: 10/24/2006)

10/24/2006 1358 Mailing of Notification and Consent to USMJ J. Lynch as Presiding Judge. Mailed to counsel Elizabeth S. Baker, Eric G. Balaban, Andrew Huff, Edmund F. Sheehy, JrConsent/Objection to USMJ Form due by 11/27/2006. (Attachments: # 1 Consent to MJ Form)(ded, ) (Entered: 10/24/2006)

12/22/2006

1359

ORDER REASSIGNING CASE. Case reassigned to Judge Donald W. Molloy as presiding judge and Jeremiah C. Lynch as referral judge for all pretrial matters for all further proceedings. Judge Jeremiah C. Lynch no longer assigned to case. Signed by Judge Donald W. Molloy on 12/22/2006. (ded, ) Modified on 12/22/2006 to indicate copy of order mailed to cnsl of record(ded, ). (Entered: 12/22/2006)

01/03/2007

Mail Returned as Undeliverable. Mail sent to Margaret Winter, National Prison Project. (ded, ) (Entered: 01/03/2007)

01/10/2007 1360 Mail Returned as Undeliverable indicating "Box Closed − No Order". Mail sent to Timothy R. Payne (ded, ) (Entered: 01/10/2007)

03/02/2007 1361 NOTICE of Substitution of Counsel by Montana State Prison Inmates (Griffing, Elizabeth) (Entered: 03/02/2007)

04/19/2007

1362

Order Setting: Status Report due by 5/8/2007. Scheduling Conference set for 5/10/2007 01:30 PM in Missoula, MT before Jeremiah C. Lynch. Signed by Judge Jeremiah C. Lynch on 4/19/2007. (TCL, Tim) Modified on 4/19/2007 to indicate copy of order mailed to atty Balaban, Keller, Ohler, Payne, Sheehy, Winter and Wurster(ded, ). (Entered: 04/19/2007)

04/30/2007 1363 MOTION to Vacate the Court's March 8, 2006 and April 19, 2007 Orders by Montana State Prison Inmates. (Griffing, Elizabeth) (Entered: 04/30/2007)

04/30/2007 1364 Brief/Memorandum in Support re 1363 MOTION to Vacate the Court's March 8, 2006 and April 19, 2007 Orders filed by Montana State Prison Inmates. (Griffing, Elizabeth) (Entered: 04/30/2007)

04/30/2007 1365 DECLARATION re 1364 Brief/Memorandum in Support filed by Montana State Prison Inmates. (Griffing, Elizabeth) (Entered: 04/30/2007)

Case: 6:93-cv-46 As of: 07/02/2020 08:24 AM MDT 80 of 95

04/30/2007 1366 ORDER denying 1363 Motion to Vacate. Signed by Judge Jeremiah C. Lynch on 04/30/2007. (TCL, Tim) Modified on 4/30/2007 to indicate copy of Order mailed to Balaban, Keller, Ohler, Payne, Sheehy, Winter and Wurster(ded, ). (Entered: 04/30/2007)

04/30/2007

NOTICE REGARDING ELECTRONIC SIGNATURE/DATE: re 1364 Brief/Memorandum in Support, 1363 MOTION to Vacate the Court's March 8, 2006 and April 19, 2007 Orders. The signature on this document does not comply with L.R. 11.1 (b) and section I(i) of the ECF Administrative Procedures Manual, or the document is not dated. This notice is for your information for future filings. THIS IS A TEXT ONLY ENTRY. A PDF DOCUMENT IS NOT ATTACHED TO THIS ENTRY. Documents filed by atty E. Griffing but electronic signature of E. Balaban was used and used incorrectly. Mr. Balaban is not a registered filer. Correct format for a registered user is /s/ Elizabeth Griffing. (ded, ) (Entered: 04/30/2007)

05/04/2007 1367 MOTION for Leave to Appear Telephonic for Eric Balaban by Montana State Prison Inmates. (Griffing, Elizabeth) (Entered: 05/04/2007)

05/07/2007

1368

TEXT ORDER granting 1367 Motion for Leave to Appear . Signed by Judge Jeremiah C. Lynch on 5/7/2007. (Lynch, Jeremiah) Modified on 5/7/2007 to indicate copy of Order mailed to Wurster, Ohler, Balaban, Sheehy, and Keller. Order not mailed to Payne and Winter as previous Order returned as undeliverable(ded, ). (Entered: 05/07/2007)

05/07/2007 1369 Mail Returned as Undeliverable. Mail sent to M. Winter and T. Payne (ded, ) (Entered: 05/07/2007)

05/08/2007 1370 STATUS REPORT by Montana State Prison Inmates. (Griffing, Elizabeth) (Entered: 05/08/2007)

05/08/2007 1371 STATUS REPORT by State of Montana, Department of Corrections Personnel. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4)(Baker, Elizabeth) (Entered: 05/08/2007)

05/09/2007 1372 MOTION to Withdraw as Attorney by Ed Sheehy by Montana State Prison Inmates. (Attachments: # 1 NotcconventnlFiling# 2 Text of Proposed Order)(BAF, ) (Entered: 05/09/2007)

05/09/2007 1373 ORDER granting 1372 Motion to Withdraw as Attorney. Attorney Edmund F. Sheehy, Jr terminated. Signed by Judge Jeremiah C. Lynch on 5/9/2007. (TCL, Tim) Modified on 5/10/2007 to reflect cpies mailed to Balaban, Keller, Ohler, Payne, winter, Wurster(BAF, ). (Entered: 05/09/2007)

05/10/2007

1374

Minute Entry for proceedings held before Judge Jeremiah C. Lynch : Elizabeth Griffin and Eric Balaban (via phone) appear for the plaintiff. Elizabeth Baker for the dft. Scheduling Conference held on 5/10/2007. Arguement/discussion for each side regarding ADA compliance. Court orders a proposed order to be filed 1 week from today. (Court Reporter FTR Gold.) (CLP, ) Modified on 5/11/2007 to reflect that cpies mailed to balaban, Keller, Ohler, Payne, Winter, Wurster(BAF, ). (Entered: 05/10/2007)

05/10/2007

1375

ORDER directing parties to jointly submit proposed order by May 18, 2007. Signed by Judge Jeremiah C. Lynch on 5/10/2007. (TCL, Tim) Modified on 5/10/2007 to reflect cpies mailed to Balaban, , Keller, Ohler, Payne, Winter, Wurster(BAF, ). Modified on 6/12/2007 to indicate that order to M. Winter returned undeliverable. (BAF, ). (Entered: 05/10/2007)

05/15/2007

1378

USCA JUDGMENT as to 1352 Notice of Appeal, filed by State of Montana, Department of Corrections Personnel − The Judgment of the District Court is DISMISSED. (baf) Additional attachment(s) added on 5/25/2007 1) Memorandum in support of Jgmt 2) 9th Circuit Bill of Costs(BAF, ). Modified on 5/25/2007 to list documents added(BAF, ). Modified on 5/25/2007 to reflect copies mailed to Keller, Payne, Winter, Ohler, Balaban, Wurster (BAF, ). (Entered: 05/25/2007)

05/17/2007 1376 NOTICE by State of Montana, Department of Corrections Personnel of Submittal (Attachments: # 1 Text of Proposed Order)(Baker, Elizabeth) (Entered: 05/17/2007)

Case: 6:93-cv-46 As of: 07/02/2020 08:24 AM MDT 81 of 95

05/18/2007

1377

SCHEDULING ORDER . Signed by Judge Jeremiah C. Lynch on 5/18/2007. (TXB, Tracey) Modified on 5/18/2007 to indicate copy of Order mailed to Wurster, Ohler, Keller and Balaban. Copy of Order not mailed to Winter and Payne as previous correspondence was return by Post Office as undeliverable (ded, ). (Entered: 05/18/2007)

05/29/2007

1379

ORDER of USCA as to 1352 Notice of Appeal, filed by State of Montana, Department of Corrections Personnel granting Appelle's motion to transfer consideration of attys fees and expenses to district court. (ded) Modified on 5/31/2007 to indciate copy mailed to Balaban, Keller, Ohler, and Wurster. Copy not mailed to Winter and Payne because previous correspondence return by USPS as undeliverable (ded, ). (Entered: 05/29/2007)

06/18/2007

1380

USCA JUDGMENT as to 1352 Notice of Appeal, filed by State of Montana, Department of Corrections Personnel. DISMISSED IN PART, AFFIRMED IN PART, REMANDED. (baf) Additional attachment(s) added on 6/20/2007 (BAF, ). Modified on 6/20/2007 to reflect that Memorandum in Support of Judgment added to Jgmt(BAF, ). Modified on 6/21/2007 to indicate copies mailed to Balaban, Keller, Ohler and Wurster. Copies not mailed to Payne and Winter as previous mail returned as undeliverable(ded, ). (Entered: 06/20/2007)

06/18/2007

1381

ORDER of USCA as to 1352 Notice of Appeal, filed by State of Montana, Department of Corrections Personnel. APPEAL IS DISMISSED IN PART, THE JUDGMENT OF THE DISTRICT COURT IS HEREBY AFFIRMED AND THE CASE IS REMANDED FOR FURTHER PROCEEDINGS. (baf) Modified on 6/21/2007 to indicate copies mailed to Balaban, Keller, Ohler and Wurster. Copies not mailed to Payne and Winter as previous mail returned as undeliverable(ded, ). (Entered: 06/20/2007)

07/02/2007

Set/Reset Deadlines: Joint Status Report due by 10/1/2007. (ded) (Entered: 07/02/2007)

07/02/2007 1382 STATEMENT OF DEFENDANTS' REPORT ON SECTION 1.9 OF THE SETTLEMENT AGREEMENT by State of Montana, Department of Corrections Personnel. (Baker, Elizabeth) (Entered: 07/02/2007)

07/02/2007

1383

AFFIDAVIT re 1382 Statement OF MIKE MAHONEY (Exhibit A filed conventionally) by State of Montana, Department of Corrections Personnel. (Attachments: # 1 Exhibit B# 2 Exhibit C# 3 Exhibit D)(Baker, Elizabeth) Additional attachment(s) Notice of Conventional Filing Exhibit A added on 7/2/2007 (ded, ). Original Exhibit A provided to Chambers. (Entered: 07/02/2007)

07/02/2007 1384 AFFIDAVIT re 1382 Statement OF ERIK WILKERSON by State of Montana, Department of Corrections Personnel. (Attachments: # 1 Exhibit A)(Baker, Elizabeth) (Entered: 07/02/2007)

07/02/2007 1385 AFFIDAVIT re 1382 Statement OF CATHY REDFERN by State of Montana, Department of Corrections Personnel. (Attachments: # 1 Exhibit A)(Baker, Elizabeth) (Entered: 07/02/2007)

07/02/2007 1386 AFFIDAVIT re 1382 Statement OF THOMAS B. O'CONNELL by State of Montana, Department of Corrections Personnel. (Baker, Elizabeth) (Entered: 07/02/2007)

07/02/2007 1387 AFFIDAVIT re 1382 Statement OF CYNTHIA DAVENPORT by State of Montana, Department of Corrections Personnel. (Attachments: # 1 Exhibit A)(Baker, Elizabeth) (Entered: 07/02/2007)

08/07/2007 1388 Consent MOTION for Extension of Time to Serve by Montana State Prison Inmates. Motions referred to Jeremiah C. Lynch.(Griffing, Elizabeth) (Entered: 08/07/2007)

08/08/2007

1389

ORDER in case 4:92−cv−00077−LBE; granting (1388) Motion for Extension of Time to Serve in case 6:93−cv−00046−DWM−JCL. Signed by Judge Jeremiah C. Lynch on 8/8/2007. Associated Cases: 6:93−cv−00046−DWM−JCL et al.(txb) Modified on 8/8/2007 Hard cpys to Breneman, Balaban, Kashani, Keller, Koren, Lopez, Ohler, Payne, Sheehy, White, Winter, Wurster, Brandborg, J. Ball, J. Bingman, J. Buck; T. Conrad; P. Gorder; W. Gray; C. Little Bear; W. Merrick; T. McAdam; D. Radi. E−mail svc to Anders, Baker, Griffing; Hoovestal, King, Mazurek; Renz; Tweeten; Vanio(BAF, ). (Entered: 08/08/2007)

Case: 6:93-cv-46 As of: 07/02/2020 08:24 AM MDT 82 of 95

08/14/2007 1390 Mail Returned as Undeliverable. Mail sent to Welliver, Gorder, Burk, Little Bear, Gray, Conrad Associated Cases: 6:93−cv−00046−DWM−JCL et al.(ded) (Entered: 08/14/2007)

08/14/2007 1391 Mail Returned as Undeliverable. Mail sent to Radi, Brandborg Associated Cases: 6:93−cv−00046−DWM−JCL et al.(ded) (Entered: 08/14/2007)

08/20/2007 1392 Mail Returned as Undeliverable. Mail sent to Lopez, Koren, Winter (ded) (Entered: 08/20/2007)

08/21/2007 1393 Mail Returned as Undeliverable. Mail sent to James Ball (ded) (Entered: 08/21/2007)

09/17/2007 1394 NOTICE by Montana State Prison Inmates (Attachments: # 1 Exhibit)(Griffing, Elizabeth) (Entered: 09/17/2007)

10/01/2007 1395 STATUS REPORT by State of Montana, Department of Corrections Personnel. (Attachments: # 1 Exhibit A# 2 Text of Proposed Order)(Baker, Elizabeth) (Entered: 10/01/2007)

11/07/2007 1396 MOTION for Extension of Time to File by Montana State Prison Inmates. (Attachments: # 1 Text of Proposed Order) Motions referred to Jeremiah C. Lynch.(Griffing, Elizabeth) (Entered: 11/07/2007)

11/07/2007

1397

ORDER granting 1396 Motion for Extension of Time to File. Parties shall file simultaneous briefs by December 11, 2007. Hearing is set for January 8, 2008. Signed by Judge Jeremiah C. Lynch on 11/7/2007. (tcl) Modified on 11/8/2007 to indicate copy of order mailed to attys Keller, Ohler, Payne, and Wurster(ded, ). (Entered: 11/08/2007)

11/07/2007

Set Deadlines/Hearings: Scheduling Conference set for 1/8/2008 10:00 AM in Missoula, MT before Jeremiah C. Lynch. (tcl) (Entered: 11/08/2007)

12/11/2007 1398 Brief/Response to Order re Set Deadlines/Hearings REGARDING THE ISSUES REMAINING FOR DETERMINATION filed by State of Montana, Department of Corrections Personnel. (Baker, Elizabeth) (Entered: 12/11/2007)

12/11/2007

1399

STATUS REPORT Plaintiffs' Brief Detailing Current Status of Case by Montana State Prison Inmates. (Attachments: # 1 Supplement Declaration of Eric Balaban# 2 Exhibit Exhibit A to Declaration of Eric Balaban# 3 Exhibit Exhibit B to Declaration of Eric Balaban# 4 Exhibit Exhibit C to Declaration of Eric Balaban# 5 Exhibit Exhibit D to Declaration of Eric Balaban# 6 Exhibit Exhibit E to Declaration of Eric Balaban# 7 Exhibit Exhibit F to Declaration of Eric Balaban# 8 Exhibit Exhibit G to Declaration of Eric Balaban# 9 Exhibit Exhibit H to Declaration of Eric Balaban)(Griffing, Elizabeth) (Entered: 12/11/2007)

12/12/2007 1400 Mail Returned [#1397] mailed to Margaret Winter. Unable to forward. Clk changing her name to receive no notice, as several things have been returned which have been mailed to her. (BAF, ) (Entered: 12/12/2007)

01/08/2008

1401

Minute Entry for proceedings held before Judge Jeremiah C. Lynch : Scheduling Conference held on 1/8/2008, Counsel for plaintiff: Eric Balaban and Elizabeth Griffing, Counsel for defendant: Elizabeth Baker, Diana Koch, and Mike Mahoney, Warden present. Argument held. The Court will issue a ruling regarding appointment of an expert and other scheduling deadlines. (Court Reporter FTR Gold.) (CLP, ) Modified on 1/8/2008 to indicate copy of minute entry mailed to attys Keller, Ohler, Payne, and Wurster (ded, ). (Entered: 01/08/2008)

02/08/2008 1402 Order Setting: Status Report advising court of expert selection is due by 3/14/2008. Signed by Judge Jeremiah C. Lynch on 2/8/2008.(Line, Tim) Modified on 2/8/2008 to indicate copy of order mailed to Keller, Ohler, Payne and Wurster(ded, ). (Entered: 02/08/2008)

02/25/2008 1403 MOTION to Modify (1402 in 6:93−cv−00046−DWM−JCL) Order Setting by Terry Langford. (Attachments: # 1)Associated Cases: 6:93−cv−00046−DWM−JCL, 6:92−cv−00013−JCL(Balaban, Eric) (Entered: 02/25/2008)

02/26/2008 1404 Brief/Memorandum in Support re (308 in 6:92−cv−00013−JCL) MOTION to Modify filed by Terry Langford. Associated Cases: 6:93−cv−00046−DWM−JCL, 6:92−cv−00013−JCL(Balaban, Eric) (Entered: 02/26/2008)

Case: 6:93-cv-46 As of: 07/02/2020 08:24 AM MDT 83 of 95

02/29/2008 1405 ORDER denying 1403 Motion to Modify. Signed by Judge Jeremiah C. Lynch on 2/29/2008. (Line, Tim) Modified on 2/29/2008 to indicate copy of order mailed to attys Keller, Ohler, Payne, and Wurster (ded, ). (Entered: 02/29/2008)

03/05/2008 1406 STATUS REPORT re Appointment of Expert by State of Montana, Department of Corrections Personnel. (Attachments: # 1 Exhibit A# 2 Text of Proposed Order)(Baker, Elizabeth) (Entered: 03/05/2008)

03/05/2008 1407 Order Setting: Status Report identifying expert due by 3/28/2008. Signed by Judge Jeremiah C. Lynch on 3/5/2008. (Line, Tim) Modified on 3/5/2008 to indicate copy of order mailed to attys Keller, Ohler, Payne, and Wurster (ded, ). (Entered: 03/05/2008)

03/14/2008 1408 Plaintiff's Objections to the Magistrate's February 29, 2008 Order 1405 . (Griffing, Elizabeth) Modified on 3/17/2008 to clarify pleading name and link to order (ded, ). (Entered: 03/14/2008)

03/18/2008 1409 MOTION to Stay by Montana State Prison Inmates. (Attachments: # 1 Text of Proposed Order) Motions referred to Jeremiah C. Lynch.(Griffing, Elizabeth) (Entered: 03/18/2008)

03/19/2008

1410

ORDER in case 4:92−cv−00077−LBE; finding as moot (1409) Motion to Stay in case 6:93−cv−00046−DWM−JCL. IT IS HEREBY ORDERED that Plaintiffs' Objections to the Magistrate's February 29, 2008 Order 1408 are rejected. Signed by Judge Donald W. Molloy on 3/19/2008. Associated Cases: 6:93−cv−00046−DWM−JCL et al.(slp) Modified on 3/19/2008 to reflect order mailed to cnsl Kashani, Koren, White, Lopez, Sheehy, Winter, Wurster, Keller and Ohler. (BAF, ). Modified on 3/19/2008 − add'l cpies mailed to Ball, Koh, Kradolfer, Conrad, Radi, Bingman, Brandborg, Lucero, Little Bear, Merrick, McAdam, Gray, Burk Gorder (BAF, ). (Entered: 03/19/2008)

03/24/2008 1411 Mail Returned as Undeliverable (Inmate Paroled or Discharged). Mail sent to James Bingman, JackBurk, Trueman Conrad,Paul Gorder, Wendell Gray, Clyde Little Bear Associated Cases: 6:93−cv−00046−DWM−JCL et al.(BAF, ) (Entered: 03/24/2008)

03/28/2008

1412

NOTICE by In the matter of litigation relating to conditions of confinement at Montana State Prison. re 1407 Terminate Deadlines, Order Setting Plaintiffs' Notice of Submission of Expert Candidates Pursuant to the Court's March 5, 2008 Order (Attachments: # 1 Exhibit A Robertson CV# 2 Exhibit B Part 1 Hopper Report# 3 Exhibit B part 2 Hopper Report# 4 Exhibit B part 2 Hopper Report# 5 Exhibit C Hopper CV)(Balaban, Eric) (Entered: 03/28/2008)

03/28/2008 1413 NOTICE by State of Montana, Department of Corrections Personnel re 1402 Order Setting, 1407 Terminate Deadlines, Order Setting REGARDING CANDIDATES FOR APPOINTMENT AS EXPERT (Attachments: # 1 Exhibit A# 2 Exhibit B)(Baker, Elizabeth) (Entered: 03/28/2008)

04/04/2008 1414 Mail Returned as Refused. Mail sent to James Ball 1410 Order. (ded, ) (Entered: 04/07/2008)

04/08/2008 1415 Mail Returned as Undeliverable. Mail sent to Betsy Brandborg (ded, ) (Entered: 04/08/2008)

04/14/2008 1416 Order Setting: Motions due by 4/21/2008. Signed by Judge Jeremiah C. Lynch on 4/14/2008. (Line, Tim) Modified on 4/15/2008 to indicate order mailed to Keller, Ohler, Payne, Wurster(BAF, ). (Entered: 04/15/2008)

04/21/2008 1417 NOTICE by State of Montana, Department of Corrections Personnel re 1416 Order Setting OF NO REQUEST FOR HEARING (Baker, Elizabeth) (Entered: 04/21/2008)

04/21/2008 1418 MOTION for Hearing Pursuant to Court's April 14, 2008 Order Eric G. Balaban appearing for Plaintiff Montana State Prison Inmates Motions referred to Jeremiah C. Lynch. (Balaban, Eric) (Entered: 04/21/2008)

04/21/2008 1419 ORDER granting 1418 Motion for Hearing. Signed by Jeremiah C. Lynch on 4/21/2008. (TXB, ) Modified on 4/22/2008 to reflect cpies mailed to Keller, Ohler, Payne, Wurster (BAF, ). (Entered: 04/21/2008)

05/13/2008 1420 Minute Entry for proceedings held before Jeremiah C. Lynch: Oral Argument Hearing held on 5/13/2008 via telephone conference; Elizabeth Griffing appeared on behalf of

Case: 6:93-cv-46 As of: 07/02/2020 08:24 AM MDT 84 of 95

plaintiff; Elizabeth Baker appeared on behalf of defendant; Both sides argued; Written order to follow. (Court Reporter FTR Gold.) Associated Cases: 6:93−cv−00046−DWM−JCL et al. (APP, ) (Entered: 05/13/2008)

05/30/2008

1421

ORDER appointing ADA expert. Signed by Jeremiah C. Lynch on 5/30/2008. (Attachments: # 1 Exhibit Settlement Agreement) (Line, Tim) Modified on 5/30/2008 to indicate copy of order mailed to attys Keller, Ohler, Payne, and Wurster. Copy of Order and addtl docket entries [1370, 1371, 1382, 1383, 1384, 1385, 1386, 1387 and 1394] mailed to Mr. Robertson, Santa Barbara, CA and directed in order (ded, ). (Entered: 05/30/2008)

08/21/2008 1422 Mail Returned as Undeliverable 1421 . Mail sent to T. Payne, USDJ Civil Rights, Washington DC (ded, ) (Entered: 08/21/2008)

10/14/2008 1423 MOTION by Attorney for Leave to File Conventionally in This Case Jennifer Ann Giuttari appearing for Plaintiff Montana State Prison Inmates Motions referred to Jeremiah C. Lynch. (Attachments: # 1 Text of Proposed Order) (ded, ) (Entered: 10/14/2008)

10/15/2008 1424 ORDER granting 1423 Motion by Attorney for Leave to File Conventionally in This Case. Signed by Jeremiah C. Lynch on 10/15/2008. (ded, ) Modified on 10/15/2008 to indicate copy of order mailed to attys Giuttari, Keller, Ohler, Payne, and Wurster, (ded, ). (Entered: 10/15/2008)

10/15/2008 1425 NOTICE of Appearance by Jennifer Ann Giuttari on behalf of all plaintiffs (ded, ) (Entered: 10/15/2008)

01/13/2009 1426 Order Setting: Status Report due by 1/30/2009. Signed by Jeremiah C. Lynch on 1/13/2009. (Line, Tim) Modified on 1/13/2009, mailed copies to Giuttari, Keller, Ohler, Payne and Wurster(HEG, ). Modified on 1/13/2009 to indicated copy of Order also mailed to Robertson(HEG, ). (Entered: 01/13/2009)

02/24/2009 1427 Order Setting: Telephonic Status Conference set for 3/3/2009 11:30 AM (MST) before Jeremiah C. Lynch. Signed by Jeremiah C. Lynch on 2/24/2009. (Line, Tim) Modified on 2/25/2009 to indicate copies mailed to Giuttari, Keller, Ohler, Payne, and Wurster. (HEG, ). (Entered: 02/24/2009)

03/05/2009 1428 Order Setting: Status Report due by 3/26/2009. Signed by Jeremiah C. Lynch on 3/5/2009. (Line, Tim) Modified on 3/5/2009 to indicate copies mailed to Giuttari, Keller, Ohler, Payne and Wurster on 3/5/2009 (HEG, ). (Entered: 03/05/2009)

03/05/2009 1429 Minute Entry for proceedings held before Jeremiah C. Lynch: Telephonic Status Conference held on 3/5/2009. (TXB, ) Modified on 3/5/2009 to indicate copies mailed to Giuttari, Keller, Ohler, Payne and Wurster on 3/5/2009(HEG, ). (Entered: 03/05/2009)

03/06/2009

Set/Reset Deadlines: Status Report due by 3/26/2009. (ded, ) (Entered: 03/06/2009)

03/10/2009

1430

MOTION to Vacate (1428 in 6:93−cv−00046−DWM−JCL) Order Setting Eric G. Balaban appearing for Plaintiff Montana State Prison Inmates Motions referred to Jeremiah C. Lynch. (Attachments: # 1 Text of Proposed Order) Associated Cases: 6:93−cv−00046−DWM−JCL, 6:92−cv−00013−JCL (Balaban, Eric) (Entered: 03/10/2009)

03/11/2009 1431 TEXT ORDER granting 1430 Motion to Vacate. Signed by Jeremiah C. Lynch on 3/11/2009. (Line, Tim) Modified on 3/11/2009 to indicate copies mailed to Giuttari, Keller, Ohler, Payne and Wurster (HEG, ). (Entered: 03/11/2009)

03/12/2009 1432 MOTION to Appoint Expert Elizabeth S. Baker appearing for Defendant State of Montana, Department of Corrections Personnel Motions referred to Jeremiah C. Lynch. (Baker, Elizabeth) (Entered: 03/12/2009)

03/12/2009 1433 Brief/Memorandum in Support re 1432 MOTION to Appoint Expert filed by State of Montana, Department of Corrections Personnel. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit) (Baker, Elizabeth) (Entered: 03/12/2009)

03/20/2009 1434 Unopposed MOTION for Extension of Time to File Response/Reply as to 1432 MOTION to Appoint Expert Eric G. Balaban appearing for Plaintiff Montana State Prison Inmates Motions referred to Jeremiah C. Lynch. (Attachments: # 1 Text of

Case: 6:93-cv-46 As of: 07/02/2020 08:24 AM MDT 85 of 95

Proposed Order) (Balaban, Eric) (Entered: 03/20/2009)

03/20/2009

1435

ORDER granting 1434 Motion for Extension of Time to File Response/Reply re 1432 MOTION to Appoint Expert Responses due by 4/2/2009. Replies due by 4/16/2009. Motions ripe 4/16/2009.. Signed by Jeremiah C. Lynch on 3/20/2009. (Line, Tim) Modified on 3/20/2009 to indicate copy of order mailed to Giuttarie, Keller, Ohler, Payne, and Wurster(ded, ). (Entered: 03/20/2009)

04/02/2009 1436 RESPONSE to Motion re 1432 MOTION to Appoint Expert as written Plaintiffs' Brief in Opposition to Defendants' Motion for Appointment of Additional Expert to Review Current Conditions at Montana State Prison filed by Montana State Prison Inmates. (Attachments: # 1 Giuttari) (Balaban, Eric) (Entered: 04/02/2009)

04/13/2009

1437

REPLY to Response to Motion re 1432 MOTION to Appoint Expert filed by State of Montana, Department of Corrections Personnel. (Attachments: # 1 Exhibit Robertson 6−30−08 Report, # 2 Exhibit Robertson 3−7−09 Report, # 3 Exhibit Emails to Robertson, # 4 Exhibit Ps' Counsel 3−25−09 Letter) (Baker, Elizabeth) (Entered: 04/13/2009)

05/12/2009

1438

ORDER granting in part and denying in part 1432 Motion to Appoint Expert, and setting filing deadline: Mr. Robertson's report shall be submitted to the Court on or before May 26, 2009. Signed by Jeremiah C. Lynch on 5/12/2009. (Line, Tim) Modified on 5/12/2009 to indicate copies mailed to Keller, Ohler, Payne, Wurster and Robertson(HEG, ). (Entered: 05/12/2009)

05/27/2009 1439 ORDER directing Peter Robertson to submit his final report on or before June 8, 2009. Signed by Jeremiah C. Lynch on 5/27/2009. (TCL, ) Modified on 5/28/2009 to indicate copies mailed to Keller, Ohler, Payne, Wurster and Robertson (HEG, ). (Entered: 05/27/2009)

07/01/2009

1440

STATUS REPORT Defendants' Supplemental Report Regarding ADA Compliance by State of Montana, Department of Corrections Personnel. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E) (Baker, Elizabeth) Modified on 7/1/2009 to remove duplicate "Exhibit" reference (ded, ). (Entered: 07/01/2009)

07/01/2009 1441 AFFIDAVIT/DECLARATION re 1440 Status Report, Defendants' Supplemental Report Regarding ADA Compliance by State of Montana, Department of Corrections Personnel. (Baker, Elizabeth) (Entered: 07/01/2009)

07/01/2009

1442

AFFIDAVIT/DECLARATION Defendants' Supplemental Report Regarding ADA Compliance by State of Montana, Department of Corrections Personnel. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7) (Baker, Elizabeth) Modified on 7/1/2009 to delete duplicate "exhibit" reference (ded, ). (Entered: 07/01/2009)

07/01/2009 1443 AFFIDAVIT/DECLARATION DEFENDANTS' SUPPLEMENTAL REPORT REGARDING ADA COMPLIANCE by State of Montana, Department of Corrections Personnel. (Attachments: # 1 Exhibit 1) (Baker, Elizabeth) Modified on 7/1/2009 to delete duplicate "exhibit" reference (ded, ). (Entered: 07/01/2009)

07/01/2009 1444 AFFIDAVIT/DECLARATION of Gayle Lambert to Defendants' Supplemental Report Regarding ADA Compliance by State of Montana, Department of Corrections Personnel. (Attachments: # 1 Exhibit 1) (Baker, Elizabeth) (Entered: 07/01/2009)

07/01/2009 1445 AFFIDAVIT/DECLARATION of Ken Neubauer to Defendants' Supplemental Report Regarding ADA Compliance by State of Montana, Department of Corrections Personnel. (Baker, Elizabeth) (Entered: 07/01/2009)

07/01/2009 1446 AFFIDAVIT/DECLARATION of Cathy Redfern to Defendants' Supplemental Report Regarding ADA Compliance by State of Montana, Department of Corrections Personnel. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (Baker, Elizabeth) (Entered: 07/01/2009)

07/01/2009 1447 AFFIDAVIT/DECLARATION re 1440 Status Report, Defendants' Supplemental Report Regarding ADA Compliance by State of Montana, Department of Corrections Personnel. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (Baker, Elizabeth) (Entered: 07/01/2009)

Case: 6:93-cv-46 As of: 07/02/2020 08:24 AM MDT 86 of 95

07/01/2009 1448 AFFIDAVIT/DECLARATION re 1440 Status Report, Defendants' Supplemental Report Regarding ADA Compliance by State of Montana, Department of Corrections Personnel. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Baker, Elizabeth) (Entered: 07/01/2009)

07/01/2009 1449 AFFIDAVIT/DECLARATION re 1440 Status Report, Defendants' Supplemental Report Regarding ADA Compliance by State of Montana, Department of Corrections Personnel. (Attachments: # 1 Exhibit 1) (Baker, Elizabeth) (Entered: 07/01/2009)

07/01/2009 1450 AFFIDAVIT/DECLARATION re 1440 Status Report, Defendants' Supplemental Report Regarding ADA Compliance by State of Montana, Department of Corrections Personnel. (Attachments: # 1 Exhibit 1) (Baker, Elizabeth) (Entered: 07/01/2009)

07/01/2009

1451

ORDER Terminating Peter Robertson's appointment as an expert. Signed by Jeremiah C. Lynch on 7/1/2009. (TCL, ) Modified on 7/2/2009 to indicate copy of order mailed to Mr. Robertson's PO Box and street address in Santa Barbara, CA as directed (ded, ). Modified on 7/2/2009 to indicate copy of order mailed to Keller, Ohler, Payne, and Wurster (ded, ). (Entered: 07/01/2009)

07/01/2009 1452 Order Setting: Brief in Response to Order due by 7/13/2009. Signed by Jeremiah C. Lynch on 7/1/2009. (TCL, ) Modified on 7/2/2009 to indicate copy of order mailed to Keller, Ohler, Payne and Wurster (ded, ). (Entered: 07/01/2009)

07/01/2009 1453 Minute Entry for proceedings held before Jeremiah C. Lynch: Status Conference held on 7/1/2009; Elizabeth Griffing appeared on behalf of plaintiff; Elizabeth Baker appeared on behalf of defendant. (Court Reporter FTR Gold.) Associated Cases: 6:93−cv−00046−DWM−JCL et al. (APP, ) (Entered: 07/06/2009)

07/10/2009 1454 Unopposed MOTION for Extension of Time to File Simultaneous Briefs Regarding the Appointment of Another Expert Jennifer Ann Giuttari appearing for Plaintiff Montana State Prison Inmates Motions referred to Jeremiah C. Lynch. (Attachments: # 1 Text of Proposed Order) (Giuttari, Jennifer) (Entered: 07/10/2009)

07/10/2009

1455

TEXT ORDER granting 1454 Motion for Extension of Time to File. On or before July 15, 2009, each party shall simultaneously file a brief in response to the Court's July 1, 2009 Order. Signed by Jeremiah C. Lynch on 7/10/2009. (TCL, ) Modified on 7/10/2009 to indicate copies mailed to Keller, Ohler, Payne and Wurster(HEG, ). (Entered: 07/10/2009)

07/15/2009 1456 Brief/Response to Order re 1452 Order Setting Defendants' Brief Regarding ADA Expert filed by State of Montana, Department of Corrections Personnel. (Baker, Elizabeth) (Entered: 07/15/2009)

07/15/2009 1457 Brief/Response to Order re 1452 Order Setting Plaintiffs' Brief in Response to the Court's July 1, 2009 Order filed by In the matter of litigation relating to conditions of confinement at Montana State Prison.. (Attachments: # 1 Declaration of E. Balaban, # 2 Exhibit A, # 3 Exhibit B) (Balaban, Eric) (Entered: 07/15/2009)

10/08/2009 1458 SUPPLEMENT re 1449 Affidavit/Declaration of Ross Swanson by State of Montana, Department of Corrections Personnel. (Baker, Elizabeth) (Entered: 10/08/2009)

12/02/2010 1459 NOTICE of Substitution of Counsel by State of Montana, Department of Corrections Personnel (French, Rebekah) (Entered: 12/02/2010)

04/04/2011 1460 Order Setting: Status Report due by 5/18/2011. Signed by Jeremiah C. Lynch on 4/4/2011. (TCL, ) (Entered: 04/04/2011)

05/18/2011 1461 STATUS REPORT Supplemental by State of Montana, Department of Corrections Personnel. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (French, Rebekah) (Entered: 05/18/2011)

05/18/2011 1462 AFFIDAVIT/DECLARATION re 1461 Status Report by State of Montana, Department of Corrections Personnel. (Attachments: # 1 Exhibit, # 2 Exhibit) (French, Rebekah) (Entered: 05/18/2011)

05/18/2011 1463 AFFIDAVIT/DECLARATION re 1461 Status Report by State of Montana, Department of Corrections Personnel. (French, Rebekah) (Entered: 05/18/2011)

Case: 6:93-cv-46 As of: 07/02/2020 08:24 AM MDT 87 of 95

05/18/2011 1464 AFFIDAVIT/DECLARATION re 1461 Status Report by State of Montana, Department of Corrections Personnel. (Attachments: # 1 Exhibit 2, # 2 Exhibit 3) (French, Rebekah) (Entered: 05/18/2011)

05/18/2011 1465 AFFIDAVIT/DECLARATION re 1461 Status Report by State of Montana, Department of Corrections Personnel. (French, Rebekah) (Entered: 05/18/2011)

05/19/2011 1466 NOTICE of Filing Exhibits re: 1464 Affidavit/Declaration (Attachments: # 1 Exhibit 1) (French, Rebekah) (Entered: 05/19/2011)

05/19/2011 1467 NOTICE of Filing Exhibits re: 1463 Affidavit/Declaration (Attachments: # 1 Exhibit 1 Part 1, # 2 Exhibit 1 Part 2, # 3 Exhibit 1 Part 3) (French, Rebekah) (Entered: 05/19/2011)

10/05/2011 1468 NOTICE by Montana State Prison Inmates of Withdrawal of Counsel (Griffing, Elizabeth) (Entered: 10/05/2011)

02/17/2012 1469 NOTICE of Substitution of Counsel by Montana State Prison Inmates (Ellingson, Jon) (Entered: 02/17/2012)

04/11/2012

1470

ORDER directing all parties to participate in talks designated to engage in good faith effort to agree upon a qualified expert to be appointed to conduct the requisite investigation. Talks, which will be overseen by the Court, shall be held on 6/19/2012 at 09:00 AM in Missoula, MT and shall continue until parties reached an agreement on an expert, or the Court declares an impasse. ALL COUNSEL will be required to attend in person. Signed by Jeremiah C. Lynch on 4/11/2012. (DED, ) (Entered: 04/11/2012)

05/09/2012 1471 NOTICE of Appearance by Anna C. Conley on behalf of All Plaintiffs (Conley, Anna) (Entered: 05/09/2012)

06/19/2012

1472

Minute Entry for proceedings held before Jeremiah C. Lynch: Status Conference held on 6/19/2012; Eric Balaban and Anna Conley appeared on behalf of Pltf, Rebecca French and Coleen Ambrose appeared on behalf of Def; Parties left to negotiate. (Court Reporter FTR Gold.) Associated Cases: 6:93−cv−00046−DWM−JCL et al. (APP, ) (Entered: 06/19/2012)

06/19/2012 1473 Minute Entry for proceedings held before Jeremiah C. Lynch: Settlement Conference held on 6/19/2012. Associated Cases: 6:93−cv−00046−DWM−JCL et al. (TXB, ) (Entered: 06/19/2012)

06/20/2012 1474 Order Setting: Status Report due by 6/29/2012. Signed by Jeremiah C. Lynch on 6/20/2012. (TCL, ) (Entered: 06/20/2012)

06/29/2012 1475 Unopposed MOTION to Enter Stipulation Regarding ADA Expert Appointment Eric G. Balaban appearing for Plaintiff Montana State Prison Inmates Motions referred to Jeremiah C. Lynch. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit) (Balaban, Eric) (Entered: 06/29/2012)

06/29/2012 1476 STATUS REPORT of the Parties Regarding ADA Expert Appointment by Montana State Prison Inmates. (Balaban, Eric) (Entered: 06/29/2012)

06/29/2012 1477 ORDER granting 1475 Motion to appoint appoint experts. Signed by Jeremiah C. Lynch on 6/29/2012. (Attachments: # 1 Exhibit) (TCL, ) (Entered: 06/29/2012)

07/02/2012 1478 NOTICE by Montana State Prison Inmates (Ellingson, Jon) (Entered: 07/02/2012)

07/12/2012 1479 Unopposed MOTION appointment of ADA programmatic expert Eric G. Balaban appearing for Plaintiff Montana State Prison Inmates Motions referred to Jeremiah C. Lynch. (Attachments: # 1 Text of Proposed Order) (Balaban, Eric) (Entered: 07/12/2012)

07/12/2012 1480 ORDER in case 4:92−cv−00077−LBE; granting (1479) Motion re programmatic expert appointment in case 6:93−cv−00046−DWM−JCL Signed by Jeremiah C. Lynch on 7/12/2012. Associated Cases: 6:93−cv−00046−DWM−JCL et al. (TXB, ) (Entered: 07/12/2012)

08/20/2012 1481 Joint MOTION for Protective Order Rebekah J. French appearing for Defendant State of Montana, Department of Corrections Personnel Motions referred to Jeremiah C. Lynch. (Attachments: # 1 Text of Proposed Order) Associated Cases:

Case: 6:93-cv-46 As of: 07/02/2020 08:24 AM MDT 88 of 95

6:93−cv−00046−DWM−JCL, 6:92−cv−00013−JCL (French, Rebekah) (Entered: 08/20/2012)

08/21/2012 1482 ORDER granting 1481 Motion for Protective Order Signed by Jeremiah C. Lynch on 8/21/2012. (TXB, ) (Entered: 08/21/2012)

09/28/2012

1483

Consent MOTION to Amend/Correct (1477 in 6:93−cv−00046−DWM−JCL) Order on Motion for Miscellaneous Relief Eric G. Balaban appearing for Plaintiff Montana State Prison Inmates Motions referred to Jeremiah C. Lynch. (Attachments: # 1 Text of Proposed Order) Associated Cases: 6:93−cv−00046−DWM−JCL, 6:92−cv−00013−JCL (Balaban, Eric) (Entered: 09/28/2012)

09/28/2012 1484 ORDER in case 4:92−cv−00077−LBE; granting (324) Motion to Amend/Correct in case 6:92−cv−00013−JCL; granting (1483) Motion to Amend/Correct in case 6:93−cv−00046−DWM−JCL Signed by Jeremiah C. Lynch on 9/28/2012. Associated Cases: 6:93−cv−00046−DWM−JCL et al. (DED, ) (Entered: 09/28/2012)

01/02/2013 1485 STATUS REPORT ORDER Status Report due by 1/14/2013. Signed by Jeremiah C. Lynch on 1/2/2013. (TCL, ) (Entered: 01/02/2013)

01/03/2013

Set Deadlines: Joint Status Report due by 1/14/2013. Associated Cases: 6:93−cv−00046−DWM−JCL, 6:92−cv−00013−JCL (DED, ) (Entered: 01/03/2013)

01/09/2013 1486 Notice of Undeliverable Electronic Notice: re Set/Reset Deadlines. Name of attorney whose NEF was undeliverable: Koch. (Cuthbert, Michael) (Entered: 01/09/2013)

01/09/2013 1487 NOTICE of Appearance by McKenzie V. Hannan on behalf of All Defendants Associated Cases: 6:93−cv−00046−DWM−JCL et al. (Hannan, McKenzie) (Entered: 01/09/2013)

01/14/2013 1488 STATUS REPORT by Montana State Prison Inmates. (Conley, Anna) (Entered: 01/14/2013)

05/30/2013 1489 NOTICE by Montana State Prison Inmates of Filing Joint ADA Experts' Report (Attachments: # 1 Affidavit) Associated Cases: 6:93−cv−00046−DWM−JCL, 6:92−cv−00013−JCL (Balaban, Eric) (Entered: 05/30/2013)

06/20/2013

1490

Unopposed MOTION Ajmel A. Quereshi to Appear Pro Hac Vice ( Filing fee $ 250 receipt number MTX900006178.) Anna C. Conley appearing for Plaintiff Montana State Prison Inmates Motions referred to Jeremiah C. Lynch. (Attachments: # 1 Affidavit Affidavit of Ajmel Quereshi, # 2 Text of Proposed Order Proposed Order) (Conley, Anna) (Entered: 06/20/2013)

06/21/2013 1491 ORDER granting 1490 Motion to Appear Pro Hac Vice Signed by Jeremiah C. Lynch on 6/21/2013. Copy of Order mailed to Mr. Quereshi. (DED, ) (Entered: 06/21/2013)

06/21/2013 1492 Letter from Clerk of Court to PHV Quereshi regarding registration. Mr. Quereshi's notification will be set to "No" pending registration. Copy of letter mailed to him. (DED, ) (Entered: 06/21/2013)

06/21/2013

Remark: PHV counsel Quereshi is a registered user and will receive electronic notification in this matter. (DED, ) Modified on 6/21/2013 to correct typo and regenerate NEF (DED, ). (Entered: 06/21/2013)

06/24/2013 1493 MOTION for Specific Performance Eric G. Balaban appearing for Plaintiff Montana State Prison Inmates Motions referred to Jeremiah C. Lynch. Associated Cases: 6:93−cv−00046−DWM−JCL, 6:92−cv−00013−JCL (Balaban, Eric) (Entered: 06/24/2013)

06/24/2013 1494 Brief/Memorandum in Support re (328 in 6:92−cv−00013−JCL) MOTION for Specific Performance filed by Montana State Prison Inmates. (Attachments: # 1 Exhibit) Associated Cases: 6:93−cv−00046−DWM−JCL, 6:92−cv−00013−JCL (Balaban, Eric) (Entered: 06/24/2013)

06/27/2013 1495 NOTICE by Montana State Prison Inmates re (1489 in 6:93−cv−00046−DWM−JCL) Notice (Other) of Filing Corrected ADA Experts' Report (Attachments: # 1 Affidavit) Associated Cases: 6:93−cv−00046−DWM−JCL, 6:92−cv−00013−JCL (Balaban, Eric) (Entered: 06/27/2013)

Case: 6:93-cv-46 As of: 07/02/2020 08:24 AM MDT 89 of 95

07/03/2013 1496 Unopposed MOTION for Extension of Time to File Response to Plaintiff's Motion for Specific Performance Rebekah J. French appearing for Defendant State of Montana, Department of Corrections Personnel Motions referred to Jeremiah C. Lynch. (Attachments: # 1 Text of Proposed Order) (French, Rebekah) (Entered: 07/03/2013)

07/04/2013

1497

TEXT ORDER.. Defendants' unopposed motion for an extension of time to file a response to Plaintiffs' motion for specific performance is granted. Defendants shall have until July 31, 2013 to file their response. Signed by Jeremiah C. Lynch on 7/4/2013. Associated Cases: 6:93−cv−00046−DWM−JCL et al. (Lynch, Jeremiah) (Entered: 07/04/2013)

07/08/2013 1498 Notice of Undeliverable Electronic Notice: re (102 in 9:92−cv−00112−JCL) Order on Motion for Extension of Time to File,. Name of attorney whose NEF was undeliverable: Anders. bekola@mt.gov Associated Cases: 6:93−cv−00046−DWM−JCL et al. (Cuthbert, Michael) (Entered: 07/08/2013)

07/31/2013 1499 RESPONSE to Motion re 1493 MOTION for Specific Performance filed by State of Montana, Department of Corrections Personnel. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit) (French, Rebekah) (Entered: 07/31/2013)

08/09/2013

1500

Unopposed MOTION for Extension of Time to File Response/Reply as to 1499 Response to Motion Eric G. Balaban appearing for In Re In the matter of litigation relating to conditions of confinement at Montana State Prison., Plaintiff Montana State Prison Inmates Motions referred to Jeremiah C. Lynch. (Attachments: # 1 Text of Proposed Order) (Balaban, Eric) (Entered: 08/09/2013)

08/09/2013 1501 ORDER granting 1500 Motion for Extension of Time to File Response/Reply re 1493 MOTION for Specific Performance Replies due by 9/3/2013. Signed by Jeremiah C. Lynch on 8/9/2013. (TXB, ) (Entered: 08/09/2013)

09/03/2013 1502 REPLY to Response to Motion re 1493 MOTION for Specific Performance filed by Montana State Prison Inmates. (Quereshi, Ajmel) (Entered: 09/03/2013)

09/03/2013 1503 Unopposed MOTION to Stay Proceedings on Plaintiffs Motion for Specific Performance Ajmel A. Quereshi appearing for Plaintiff Montana State Prison Inmates Motions referred to Jeremiah C. Lynch. (Attachments: # 1 Exhibit Proposed Order) (Quereshi, Ajmel) (Entered: 09/03/2013)

09/09/2013 1504 ORDER denying 1493 Motion for specific performance subject to renewal. Signed by Jeremiah C. Lynch on 9/9/2013. (TXB, ) (Entered: 09/09/2013)

09/09/2013

SetDeadlines: Status Report due by 11/12/2013. (DED, ) (Entered: 09/09/2013)

11/12/2013

1505

Consent Stipulated Motion to Extend the Monitoring Period Ajmel A. Quereshi appearing for Plaintiff Montana State Prison Inmates Motions referred to Jeremiah C. Lynch. (Attachments: # 1 Exhibit Joint Stipulation to Extend the Monitoring Period, # 2 Proposed Order) Associated Cases: 6:93−cv−00046−DWM−JCL et al. (Quereshi, Ajmel) (Entered: 11/12/2013)

11/13/2013

1506

Notice of Correction: re (1505 in 6:93−cv−00046−DWM−JCL, 333 in 6:92−cv−00013−JCL) Consent Stipulated Motion to Extend the Monitoring Period. The filing error relates to: Signature and Login Do not Match. See the attached document for a brief description of the error made. Associated Cases: 6:93−cv−00046−DWM−JCL, 6:92−cv−00013−JCL (DED, ) (Entered: 11/13/2013)

11/13/2013 1507 ORDER granting (333) Stipulated Motion in case 6:92−cv−00013−JCL; granting (1505) Stipulated Motion in case 6:93−cv−00046−DWM−JCL Signed by Jeremiah C. Lynch on 11/13/2013. Associated Cases: 6:93−cv−00046−DWM−JCL, 6:92−cv−00013−JCL (DED, ) (Entered: 11/13/2013)

06/25/2014

1508

Rcvd phone call from ACUL advising incorrect pleading filed. Instructed staff to file correct pleading re substitute of counsel in this matter and clerk's office will seal this incorrect document. Please refer to pleading 1509 for correct information. NOTICE of Substitution of Counsel by Montana State Prison Inmates (Conley, Anna) Modified on 6/26/2014 (DED, ). (Entered: 06/25/2014)

06/25/2014 1509 NOTICE of Substitution of Counsel by Montana State Prison Inmates (Conley, Anna) (Entered: 06/25/2014)

Case: 6:93-cv-46 As of: 07/02/2020 08:24 AM MDT 90 of 95

08/12/2014 1510 Joint Stipulated Motion as filed Joint Motion to Extend Monitoring Period Ajmel A. Quereshi appearing for Plaintiff Montana State Prison Inmates Motions referred to Jeremiah C. Lynch. (Attachments: # 1 Joint Stipulation, # 2 Text of Proposed Order) (Quereshi, Ajmel) (Entered: 08/12/2014)

08/12/2014 1511 ORDER granting 1510 Stipulated Motion Signed by Magistrate Judge Jeremiah C. Lynch on 8/12/2014. (TCL, ) (Entered: 08/12/2014)

02/11/2015 1512 Joint Stipulated Motion as Filed Joint Motion to Approve Stipulation Ajmel A. Quereshi appearing for Plaintiff Montana State Prison Inmates Motions referred to Jeremiah C. Lynch. (Attachments: # 1 Stipulation, # 2 Text of Proposed Order) (Quereshi, Ajmel) (Entered: 02/11/2015)

02/12/2015 1513 ORDER granting 1512 Stipulated Motion. Ordered Stipulation is approved and entered as an Order of the Court. Signed by Magistrate Judge Jeremiah C. Lynch on 2/12/2015. (DED, ) (Entered: 02/12/2015)

02/18/2015

1514

Unopposed MOTION Amy F. Robertson to Appear Pro Hac Vice ( Filing fee $ 250 receipt number 0977−1541094.) Jon E. Ellingson appearing for Plaintiff Montana State Prison Inmates Motions referred to Jeremiah C. Lynch. (Attachments: # 1 Affidavit Affidavit of AFR, # 2 Text of Proposed Order Proposed Order) (Ellingson, Jon) (Entered: 02/18/2015)

02/18/2015

1515

Unopposed MOTION Sarah M. Morris to Appear Pro Hac Vice ( Filing fee $ 250 receipt number 0977−1541122.) Jon E. Ellingson appearing for Plaintiff Montana State Prison Inmates Motions referred to Jeremiah C. Lynch. (Attachments: # 1 Affidavit of Sarah M. Morris, # 2 Text of Proposed Order Proposed Order) (Ellingson, Jon) (Entered: 02/18/2015)

02/18/2015 1516 ORDER in case 4:92−cv−00077−LBE; granting (1514) Motion to Appear Pro Hac Vice in case 6:93−cv−00046−DWM−JCL Signed by Magistrate Judge Jeremiah C. Lynch on 2/18/2015. Associated Cases: 6:93−cv−00046−DWM−JCL et al. (TCL, ) (Entered: 02/18/2015)

02/18/2015 1517 ORDER in case 4:92−cv−00077−LBE; granting (1515) Motion to Appear Pro Hac Vice in case 6:93−cv−00046−DWM−JCL Signed by Magistrate Judge Jeremiah C. Lynch on 2/18/2015. Associated Cases: 6:93−cv−00046−DWM−JCL et al. (TCL, ) (Entered: 02/18/2015)

02/19/2015

1518

Letter from Clerk of Court to admitted PHV counsel Morris and Robertson regarding requirements for registration. NEF notification for both counsel will be turned of pending registration. Copy of letter mailed to counsel. (Attachments: # 1 NEF Letter to Robertson) AssociatedCases: 6:93−cv−00046−DWM−JCL, 6:92−cv−00013−JCL (DED, ) (Entered: 02/19/2015)

02/25/2015

Remark admitted PHV counsel Robertson and Morris are now registered users and will receive notification in these matters. Associated Cases: 6:93−cv−00046−DWM−JCL, 6:92−cv−00013−JCL (DED, ) (Entered: 02/25/2015)

08/03/2015 1519 Joint Stipulated Motion to Extend Monitoring Period Sarah M. Morris appearing for Plaintiff Montana State Prison Inmates Motions referred to Jeremiah C. Lynch. (Attachments: # 1 Stipulation, # 2 Text of Proposed Order) (Morris, Sarah) (Entered: 08/03/2015)

08/05/2015 1520 ORDER granting 1519 Stipulated Motion Signed by Magistrate Judge Jeremiah C. Lynch on 8/5/2015. (TCL, ) (Entered: 08/05/2015)

09/30/2015 1521 NOTICE of Substitution of Counsel by State of Montana, Department of Corrections Personnel (Ambrose, Colleen) (Entered: 09/30/2015)

02/02/2016 1522 Unopposed MOTION to Withdraw as Attorney of Record Sarah M. Morris appearing for Plaintiff Montana State Prison Inmates Motions referred to Jeremiah C. Lynch. (Attachments: # 1 Text of Proposed Order) (Morris, Sarah) (Entered: 02/02/2016)

02/03/2016 1523 ORDERED: re 1522 MOTION to Withdraw as Attorney of Record is GRANTED. Sarah M. Morris is withdrawn as counsel of record for Plaintiffs and shall be removed from the Certificate of Mailing in this case. Signed by Magistrate Judge Jeremiah C. Lynch on 2/3/2016. (HEG, ) (Entered: 02/03/2016)

Case: 6:93-cv-46 As of: 07/02/2020 08:24 AM MDT 91 of 95

02/12/2016 1524 STIPULATION TO EXTEND MONITORING PERIOD by Montana State Prison Inmates. (Robertson, Amy) (Entered: 02/12/2016)

02/16/2016 1525 ORDER Granting (1524 in 6:93−cv−00046−DWM−JCL) Stipulation filed by Montana State Prison Inmates Signed by Magistrate Judge Jeremiah C. Lynch on 2/16/2016. Associated Cases: 6:93−cv−00046−DWM−JCL et al. (TCL, ) (Entered: 02/16/2016)

02/17/2016 1526 Notice of Undeliverable Electronic Notice: re (1525 in 6:93−cv−00046−DWM−JCL) Order. Name of attorney whose NEF was undeliverable: McKenzie V. McCarthy. Associated Cases: 6:93−cv−00046−DWM−JCL et al. (Cuthbert, Michael) (Entered: 02/17/2016)

02/17/2016 1527 Notice of Undeliverable Electronic Notice: re (1525 in 6:93−cv−00046−DWM−JCL) Order. Name of attorney whose NEF was undeliverable: Mazurek. Associated Cases: 6:93−cv−00046−DWM−JCL et al. (Cuthbert, Michael) (Entered: 02/17/2016)

08/11/2016

1528

STIPULATION to Extend Monitoring Period by Montana State Prison Inmates, James E. Ball, Anthel LaVan Brown, Trueman LeRoy Conrad, Jeff J. Delaphiano, Terry Langford, Dan Mason, Rudy Meissner, James Peterschick. Associated Cases: 6:93−cv−00046−DWM−JCL, 6:92−cv−00013−JCL (Robertson, Amy) (Entered: 08/11/2016)

08/11/2016

1529

ORDER re (342 in 6:92−cv−00013−JCL, 1528 in 6:93−cv−00046−DWM−JCL) Stipulation, filed by Terry Langford, Dan Mason, Trueman LeRoy Conrad, Montana State Prison Inmates, James E. Ball, Rudy Meissner, Jeff J. Delaphiano, Anthel LaVan Brown, James Peterschick Signed by Magistrate Judge Jeremiah C. Lynch on 8/11/2016. Associated Cases: 6:93−cv−00046−DWM−JCL, 6:92−cv−00013−JCL (TCL, ) (Entered: 08/11/2016)

11/18/2016 1530 NOTICE of Acknowledgment of Pro Hac Vice Order by Montana State Prison Inmates Associated Cases: 6:93−cv−00046−DWM−JCL, 6:92−cv−00013−JCL (Robertson, Amy) (Entered: 11/18/2016)

02/13/2017 1531 STATUS REPORT by In the matter of litigation relating to conditions of confinement at Montana State Prison.. Associated Cases: 6:93−cv−00046−DWM−JCL, 6:92−cv−00013−JCL (Robertson, Amy) (Entered: 02/13/2017)

02/14/2017 1532 NOTICE by State of Montana, Department of Corrections Personnel (Ambrose, Colleen) (Entered: 02/14/2017)

02/15/2017 1533 STATUS REPORT by In the matter of litigation relating to conditions of confinement at Montana State Prison.. (Attachments: # 1 Exhibit Settlement Agreement_Executed − with Exhibits) Associated Cases: 6:93−cv−00046−DWM−JCL, 6:92−cv−00013−JCL (Robertson, Amy) (Entered: 02/15/2017)

03/02/2017

1534

Unopposed MOTION to Approve Settlement Agreement Amy F. Robertson appearing for In Re In the matter of litigation relating to conditions of confinement at Montana State Prison. Motions referred to Jeremiah C. Lynch. (Attachments: # 1 Exhibit Settlement Agreement, # 2 Affidavit Decl. of Amy F. Robertson in Supp. of Joint Mot. for Prelim. Approval of Class Action Settlement, # 3 Text of Proposed Order Proposed Order Granting Preliminary Approval) Associated Cases: 6:93−cv−00046−DWM−JCL, 6:92−cv−00013−JCL (Robertson, Amy) (Entered: 03/02/2017)

06/13/2017 1535 NOTICE by In the matter of litigation relating to conditions of confinement at Montana State Prison. Associated Cases: 6:93−cv−00046−DWM−JCL, 6:92−cv−00013−JCL (Robertson, Amy) (Entered: 06/13/2017)

09/13/2017 1536 NOTICE of Change of Address by Jon E. Ellingson Associated Cases: 6:93−cv−00046−DWM−JCL, 6:92−cv−00013−JCL (Ellingson, Jon) (Entered: 09/13/2017)

09/13/2017 1537 NOTICE of Appearance by Alexander H. Rate on behalf of Montana State Prison Inmates Associated Cases: 6:93−cv−00046−DWM−JCL, 6:92−cv−00013−JCL (Rate, Alexander) (Entered: 09/13/2017)

Case: 6:93-cv-46 As of: 07/02/2020 08:24 AM MDT 92 of 95

01/18/2018 1538 NOTICE of Withdrawal of Counsel: Rebekah J. French withdrawing from the case, filed by State of Montana, Department of Corrections Personnel (French, Rebekah) (Entered: 01/18/2018)

01/19/2018

1539

NOTICE by In the matter of litigation relating to conditions of confinement at Montana State Prison., Montana State Prison Inmates, James E. Ball, Anthel LaVan Brown, Trueman LeRoy Conrad, Jeff J. Delaphiano, Terry Langford, Dan Mason, Rudy Meissner, James Peterschick Associated Cases: 6:93−cv−00046−DWM−JCL, 6:92−cv−00013−JCL (Rate, Alexander) (Entered: 01/19/2018)

01/19/2018

1540

Joint MOTION to Approve Settlement Agreement Alexander H. Rate appearing for In Re In the matter of litigation relating to conditions of confinement at Montana State Prison., Plaintiffs Montana State Prison Inmates, James E. Ball, Anthel LaVan Brown, Trueman LeRoy Conrad, Jeff J. Delaphiano, Terry Langford, Dan Mason, Rudy Meissner, James Peterschick Motions referred to Jeremiah C. Lynch. (Attachments: # 1 Exhibit, # 2 Affidavit, # 3 Text of Proposed Order) Associated Cases: 6:93−cv−00046−DWM−JCL, 6:92−cv−00013−JCL (Rate, Alexander) (Entered: 01/19/2018)

01/24/2018 1541 ORDER in case 6:92−cv−00013−JCL; denying (1540) Motion to Approve Settlement Agreement in case 6:93−cv−00046−DWM−JCL Signed by Magistrate Judge Jeremiah C. Lynch on 1/24/2018. Associated Cases: 6:93−cv−00046−DWM−JCL, 6:92−cv−00013−JCL (TCL) (Entered: 01/24/2018)

02/23/2018

1542

Joint MOTION to Approve Settlement Agreement Amy F. Robertson appearing for In Re In the matter of litigation relating to conditions of confinement at Montana State Prison. Motions referred to Jeremiah C. Lynch. Associated Cases: 6:93−cv−00046−DWM−JCL, 6:92−cv−00013−JCL (Robertson, Amy) (Entered: 02/23/2018)

02/27/2018

1543

ORDERED: ORDER granting (354) Motion to Approve Settlement Agreement in case 6:92−cv−00013−JCL; granting (1542) Motion to Approve Settlement Agreement in case 6:93−cv−00046−DWM−JCL. The revised Class Action Settlement, attached as Exhibit A to the motion, is hereby PRELIMINARILY APPROVED. It is further ORDERED: The proposed notice, Exhibit 10 to the Revised Class Action Settlement is APPROVED. Please review entire order for other details. Final Approval Hearing set for 6/11/2018 at 10:00 AM in Missoula, MT before Magistrate Judge Jeremiah C. Lynch. Signed by Magistrate Judge Jeremiah C. Lynch on 2/27/2018. Associated Cases: 6:93−cv−00046−DWM−JCL, 6:92−cv−00013−JCL (HEG) (Entered: 02/27/2018)

03/06/2018

1544

Unopposed MOTION For New Hearing Date re (1543 in 6:93−cv−00046−DWM−JCL, 1543 in 6:93−cv−00046−DWM−JCL, 1543 in 6:93−cv−00046−DWM−JCL) Order,,, Terminate Motions,,, Set Hearings,, Colleen E. Ambrose appearing for Defendants State of Montana, Department of Corrections Personnel, James "Mickey&qu Gamble, Mike Mahoney, Marc Racicot, State of Montana, Department of Corrections Motions referred to Jeremiah C. Lynch. (Attachments: # 1 Text of Proposed Order) Associated Cases: 6:93−cv−00046−DWM−JCL, 6:92−cv−00013−JCL (Ambrose, Colleen) (Entered: 03/06/2018)

03/06/2018

1545

ORDER granting (356) Motion New Hearing Date in case 6:92−cv−00013−JCL; granting (1544) Motion New Hearing Date in case 6:93−cv−00046−DWM−JCL. Final Approval Hearing for the Revised Class Action Settlement in the above−entitled matter is reset for 10:00 a.m. on Friday, June 8, 2018, at the Russell Smith Courthouse, 201 E. Broadway, in Missoula. Signed by Magistrate Judge Jeremiah C. Lynch on 3/6/2018. Associated Cases: 6:93−cv−00046−DWM−JCL, 6:92−cv−00013−JCL (HEG) (Entered: 03/06/2018)

03/06/2018

Reset Hearings: Final Approval Hearing reset for 6/8/2018 at 10:00 AM in Missoula, MT before Magistrate Judge Jeremiah C. Lynch. Associated Cases: 6:93−cv−00046−DWM−JCL, 6:92−cv−00013−JCL (HEG) (Entered: 03/06/2018)

03/27/2018 1546 NOTICE of Withdrawal of Counsel: Jon E. Ellingson withdrawing from the case, filed by Montana State Prison Inmates Associated Cases: 6:93−cv−00046−DWM−JCL, 6:92−cv−00013−JCL (Ellingson, Jon) (Entered: 03/27/2018)

Case: 6:93-cv-46 As of: 07/02/2020 08:24 AM MDT 93 of 95

05/11/2018

1547

Joint MOTION Order releasing class−member objections to the parties Alexander H. Rate appearing for Plaintiffs Montana State Prison Inmates, James E. Ball, Anthel LaVan Brown, Trueman LeRoy Conrad, Jeff J. Delaphiano, Terry Langford, Dan Mason, Rudy Meissner, James Peterschick Motions referred to Jeremiah C. Lynch. (Attachments: # 1 Text of Proposed Order) Associated Cases: 6:93−cv−00046−DWM−JCL, 6:92−cv−00013−JCL (Rate, Alexander) (Entered: 05/11/2018)

05/14/2018 1548 NOTICE of filing letters Associated Cases: 6:93−cv−00046−DWM−JCL, 6:92−cv−00013−JCL (APP) (Entered: 05/14/2018)

05/23/2018

1549

Joint MOTION to Set Deadlines for Motion for Fees Amy F. Robertson appearing for In Re In the matter of litigation relating to conditions of confinement at Montana State Prison. Motions referred to Jeremiah C. Lynch. (Attachments: # 1 Text of Proposed Order) Associated Cases: 6:93−cv−00046−DWM−JCL, 6:92−cv−00013−JCL (Robertson, Amy) (Entered: 05/23/2018)

05/25/2018

1550

Joint MOTION to Approve Settlement Agreement and Response to Objections Alexander H. Rate appearing for Plaintiffs Montana State Prison Inmates, James E. Ball, Anthel LaVan Brown, Trueman LeRoy Conrad, Jeff J. Delaphiano, Terry Langford, Dan Mason, Rudy Meissner, James Peterschick Motions referred to Jeremiah C. Lynch. (Attachments: # 1 Affidavit Declaration of Amy Robertson, # 2 Affidavit Declaration of Jim Salmonsen, # 3 Affidavit Declaration of Eric Balaban, # 4 Affidavit Declaration of Alex Rate, # 5 Affidavit Declaration of Colleen Ambrose) Associated Cases: 6:93−cv−00046−DWM−JCL, 6:92−cv−00013−JCL (Rate, Alexander) (Entered: 05/25/2018)

05/29/2018 1551 ORDER setting deadlines that will apply to the Parties' attempt to resolve the amount of Class Counsels' fees and costs. Signed by Magistrate Judge Jeremiah C. Lynch on 5/29/2018. Associated Cases: 6:93−cv−00046−DWM−JCL, 6:92−cv−00013−JCL (APP) (Entered: 05/29/2018)

06/08/2018

1552

MINUTE ENTRY for proceedings held before Magistrate Judge Jeremiah C. Lynch: Settlement Hearing held on 6/8/2018; Appearing on behalf of Plaintiffs: Eric Balaban, Alexander Rate, Amy Robertson; Appearing on behalf of Defendants: Colleen Ambrose; Discussion had regarding consenting to USMJ and settlement agreement; Written order to follow; Hearing commenced at 10:11 a.m. and concluded at 10:16 a.m.. (Court Reporter FTR Gold.) (Hearing held in Missoula) Associated Cases: 6:93−cv−00046−DWM−JCL, 6:92−cv−00013−JCL (APP) (Entered: 06/08/2018)

06/08/2018 1553 Electronic Mailing of Consent: Judge Lynch as Presiding Judge. Mailed to counsel Eric G. Balaban, Amy F. Robertson, Alexander H. Rate, Jeffrey T. Renz, Colleen E. Ambrose. Consent/Objection to USMJ Form due by 6/13/2018. Associated Cases: 6:93−cv−00046−DWM−JCL, 6:92−cv−00013−JCL (APP) (Entered: 06/08/2018)

06/18/2018

1554

NOTICE by Montana State Prison Inmates, James E. Ball, Anthel LaVan Brown, Trueman LeRoy Conrad, Jeff J. Delaphiano, Terry Langford, Dan Mason, Rudy Meissner, James Peterschick Notice and Consent to Exercise of Jurisdiction by a United States Magistrate Judge Associated Cases: 6:93−cv−00046−DWM−JCL, 6:92−cv−00013−JCL (Rate, Alexander) (Entered: 06/18/2018)

06/18/2018 1555 Notice of Correction: re (366 in 6:92−cv−00013−JCL) Notice (Other). The filing error relates to: Document Should Have Been Filed Conventionally. See the attached document for a brief description of the error made. Associated Cases: 6:93−cv−00046−DWM−JCL, 6:92−cv−00013−JCL (HEG) (Entered: 06/18/2018)

06/18/2018

1556

FINDINGS AND RECOMMENDATIONS re (362 in 6:92−cv−00013−JCL, 1550 in 6:93−cv−00046−DWM−JCL) Joint MOTION to Approve Settlement Agreement and Response to Objections filed by Terry Langford, Dan Mason, Trueman LeRoy Conrad, Montana State Prison Inmates, James E. Ball, Rudy Meissner, Jeff J. Delaphiano, Anthel LaVan Brown, James Peterschick. Signed by Magistrate Judge Jeremiah C. Lynch on 6/18/2018. (Attachments: # 1 Order and Judgment) Associated Cases: 6:93−cv−00046−DWM−JCL, 6:92−cv−00013−JCL (APP) (Entered: 06/18/2018)

06/19/2018 1557 CONSENTS TO USMJ. Associated Cases: 6:93−cv−00046−DWM−JCL, 6:92−cv−00013−DWM−JCL (HEG) (Entered: 06/19/2018)

Case: 6:93-cv-46 As of: 07/02/2020 08:24 AM MDT 94 of 95

06/19/2018 1558 Clerk's Notice Upon Consent to USMJ. Case reassigned to Magistrate Judge Jeremiah C. Lynch. Associated Cases: 6:93−cv−00046−DWM−JCL, 6:92−cv−00013−DWM−JCL (HEG) (Entered: 06/19/2018)

06/19/2018 1559 ORDER AND JUDGMENT. Please review order for complete details. Signed by Magistrate Judge Jeremiah C. Lynch on 6/19/2018. Associated Cases: 6:93−cv−00046−JCL, 6:92−cv−00013−JCL (HEG) (Entered: 06/19/2018)

10/02/2018 1560 NOTICE of filing letter Associated Cases: 6:93−cv−00046−DWM−JCL, 6:92−cv−00013−JCL (TAG) (Entered: 10/02/2018)

10/12/2018 1561 Unopposed MOTION for Extension of Time to File Class Counsels' Fee Petition Amy F. Robertson appearing for In Re In the matter of litigation relating to conditions of confinement at Montana State Prison. (Robertson, Amy) (Entered: 10/12/2018)

10/12/2018 1562 ORDER granting 1561 Motion for Extension of Time to File motion for attorneys' fees. Signed by Magistrate Judge Jeremiah C. Lynch on 10/12/2018. (TCL) (Entered: 10/12/2018)

10/12/2018

Set Deadlines: Motion for attorney fees due by 12/18/2018. (HEG) (Entered: 10/12/2018)

11/09/2018 1563 NOTICE of Appearance by Aislinn W. Shaul−Jensen on behalf of All Defendants (Shaul−Jensen, Aislinn) (Entered: 11/09/2018)

11/15/2018 1564 NOTICE of Appearance by Christopher D. Abbott on behalf of All Defendants (Abbott, Christopher) (Entered: 11/15/2018)

11/26/2018 1565 Unopposed MOTION for Extension of Time to File Fee Petition Amy F. Robertson appearing for In Re In the matter of litigation relating to conditions of confinement at Montana State Prison. (Robertson, Amy) (Entered: 11/26/2018)

11/27/2018 1566 ORDER granting 1565 Motion for Extension of Time to File Signed by Magistrate Judge Jeremiah C. Lynch on 11/27/2018. (TXB) (Entered: 11/27/2018)

11/27/2018

Reset Deadlines: Motion for attorneys' fees due by 1/18/2019. (HEG) (Entered: 11/27/2018)

01/09/2019 1567 Unopposed MOTION for Extension of Time to File Fee Petition Amy F. Robertson appearing for In Re In the matter of litigation relating to conditions of confinement at Montana State Prison. (Robertson, Amy) (Entered: 01/09/2019)

01/09/2019 1568 TEXT ORDER granting 1567 Motion for Extension of Time to File motion for attorneys fees and costs. Plaintiffs' counsel shall file their motion on or before February 1, 2019. Signed by Magistrate Judge Jeremiah C. Lynch on 1/9/2019. (TCL) (Entered: 01/09/2019)

01/10/2019

Set Motion Deadline: Motion due by 2/1/2019. (HEG) (Entered: 01/10/2019)

02/01/2019 1569 Unopposed MOTION for Extension of Time to File Fee Petition Eric G. Balaban appearing for In Re In the matter of litigation relating to conditions of confinement at Montana State Prison. (Attachments: # 1 Text of Proposed Order) (Balaban, Eric) (Entered: 02/01/2019)

02/04/2019 1570 ORDERED: Class Counsel shall file their motion for fees and costs or provide notice of settlement to the Court on or before March 1, 2019. Signed by Magistrate Judge Jeremiah C. Lynch on 2/4/2019. (HEG) (Entered: 02/04/2019)

02/15/2019

1571

Joint MOTION to Approve Settlement Agreement Alexander H. Rate appearing for In Re In the matter of litigation relating to conditions of confinement at Montana State Prison., Plaintiff Montana State Prison Inmates (Attachments: # 1 Exhibit Settlement Agreement, # 2 Text of Proposed Order Proposed Order) (Rate, Alexander) (Entered: 02/15/2019)

02/19/2019

1572

ORDER granting 1571 Motion to Approve Settlement Agreement. Defendants to pay the Plaintiffs the sum of $950,000.00 pursuant to the terms and conditions of the Settlement Agreement filed herewith. IT IS FURTHER ORDERED that should Defendants fail to comply with this Order, Plaintiffs shall have the right to file a motion for default with the Court, and Defendants shall thereafter be liable for the unpaid amount, plus any interest on the unpaid amount as calculated under federal

Case: 6:93-cv-46 As of: 07/02/2020 08:24 AM MDT 95 of 95
law, running from the date of the Settlement Agreement until full payment is made. Signed by Magistrate Judge Jeremiah C. Lynch on 2/19/2019. (HEG) (Entered: 02/19/2019)
05/10/2019 1573 NOTICE of Change of Address by Alexander H. Rate (Rate, Alexander) (Entered: 05/10/2019)
08/12/2019 1574 ORDER directing Clerk of Court to file the Request for Court to Regain Jurisdiction under seal and provide a copy to Class Counsel. Signed by Magistrate Judge Kathleen L. DeSoto on 8/12/2019. (TAG) (Entered: 08/12/2019)
08/12/2019 1575 Sealed Document(s) − Request for Court to Regain Jurisdiction filed under seal per 1574 . Made accessible to class counsel (TAG) (Entered: 08/12/2019)
12/11/2019 1576 NOTICE of Change of Address by Amy F. Robertson (Robertson, Amy) (Entered: 12/11/2019)

 
 This is a list of all the suits associated with this Clearing House entry. The two main cases, Langford v. Racicot and Conditions at MSP, are italicized. The cases are organized by docket number and were found by going through the
docket of Conditions at MSP and taking the docket number of every new case added to the consolidation. I could not find the case name associated with some of the dockets. -- John Hibbard, 07/08/2020

Docket Number

Case Name

Date Filed

4:92-cv-00077

Ball v. McCormick

June 4, 1992

4:92-cv-00115

Ball v. McCormick

August 21, 1992

4:93-cv-00022

Ball v. McCormick

February 8, 1993

6:92-cv-00013

Langford v. Racicot

February 13, 1992

6:92-cv-00028

Vielle v. Day

May 8, 1992

6:92-cv-00041

Ball v. McCormick

June 25, 1992

6:92-cv-00064

Ray v. Hill

October 16, 1992

6:92-cv-00067

McKenzie v. Vessie

November 17, 1992

6:93-cv-00002

Langford v. Chisholm

October 20, 1993

6:93-cv-00026

Duncan v. McCormick

March 18, 1993

6:93-cv-00027

Larson v. Risley

March 18, 1993

6:93-cv-00036

Conrad v. Day

July 23, 1993

6:93-cv-00037

Peppinger v. Autery

July 23, 1993

6:93-cv-00039

Peterschick v. Cherico

July 26, 1993

6:93-cv-00040

Thompson v. Day

July 27, 1993

6:93-cv-00043

Klooz v. McCormick

May 18, 1993

6:93-cv-00046

In Re: Conditions at MSP September 13, 1993

6:93-cv-00049

6:93-cv-00054

Burk v. Ward

September 16, 1993

6:93-cv-00055

Laird v. Gamble

September 20, 1993

6:93-cv-00056

6:93-cv-00061

Mason v. Day

September 30, 1993

6:93-cv-00065

Lucero v. McCormick

October 15, 1993

6:93-cv-00068

Little Bear v. Cox

October 28, 1993

6:93-cv-00069

6:93-cv-00071
6:93-cv-00074 6:93-cv-00075 6:93-cv-00076 6:93-cv-00077 6:93-cv-00081 6:93-cv-00082 6:93-cv-00083 6:93-cv-00084 6:93-cv-00086 6:94-cv-00001 6:94-cv-00003 6:94-cv-00006 6:94-cv-00011 6:94-cv-00012
6:94-cv-00021
6:94-cv-00022 6:94-cv-00025 6:94-cv-00026 6:94-cv-00029 6:94-cv-00031 6:94-cv-00033 6:94-cv-00034 6:94-cv-00035 6:94-cv-00038 6:94-cv-00044
6:94-cv-00051
6:94-cv-00054 6:94-cv-00060

Lafley v. Montana St. Board of Pardons

November 4, 1993

Rogers v. Burgess Merrick v. Autry Collins v. Gamble
Jungers v. Gamble

November 24, 1993 November 23, 1993 December 17, 1993 December 17, 1993

Peck v. Gamble McKenzie v. Gamble Bigby v. McCormick Miller v. McCormick

December 17, 1993 December 27, 1993
January 6, 1994 January 12, 1994

McKendry v. Wheeler Brown v. Day
Blaney v. Montana St. Board of Pardons
McAdam v. Gamble Blaney v. Sullivan Gorder v. Sullivan
Gray v. Day Welliver v. Sullivan
Clawson v. Day Orozco v. Day Byrne v. Sullivan Maxwell v. Hawkins
Dahl v. Day Bridendolph v. Montana St. Dept. of Corrections`
Ford v. Lewis & Clark Godfrey v. Day

February 2, 1994 February 2, 1994
February 24, 1994
February 24, 1994 March 10, 1994 March 10, 1994 March 29, 1994 April 14, 1994 April 19, 1994 April 19, 1994 April 20, 1994 May 18, 1994 June 2, 1994
June 23, 1994
July 1, 1994 July 28, 1994

6:94-cv-00061 6:94-cv-00063 6:94-cv-00064 6:94-cv-00065 6:94-cv-00068 9:92-cv-00017 9:92-cv-00112
9:92-cv-00139
9:93-cv-00015
9:93-cv-00017
9:93-cv-00121

Tye v. Day Phillips v. Gamble
Burk v. McPhail Jungers v. Day Geary v. Day
White v. Hill Mason v. McCormick Bullchild v. Board of
Pardons Delaphiano v. Chisholm
Hansen v. Board of Pardons
Poma v. Montana St. Dept. of Corrections

July 28, 1994 August 3, 1994 August 5, 1994 August 5, 1994 August 23, 1994 February 4, 1992 October 26, 1992
December 7, 1992
January 28, 1993
January 29, 1993
August 31, 1993

 
 Honorable Leif B. Erickson Federal Magistrate Judge Missoula Division P 0 Box 7219
Missoula, MT 59807-7219

NOV 29 1994

LOU ALEKSICH, J CL£RK

By

MARILYN

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA HELENA DIVISION

DEPUTY Cl.fiRK

IN THE MATTER OF LITIGATION RELATING TO CONDITIONS OF CONFINEMENT AT MONTANA STATE PRISON!
THIS DOCUMENT RELATES TO:
TERRY LANGFORD, JAMES BALL, JAMES PETERSCHICK, JEFF DELAPHIANO, TRUEMAN CONRAD, ANTHEL BROWN, DAN MASON, and RUDY MEISSNER, on behalf of themselves and all others presently incarcerated or who will in the future be incarcerated at the Montana State Penitentiary,
Plaintiffs, vs.
MARC RACICOT, in his official capacity as Governor of the State of Montana; RICK DAY, in his official capacity as Director, Department of Corrections and Human Services; JAMES "MICKEY" GAMBLE, in his official capacity as the Administrator of the Corrections Division of the Montana Department of Corrections and Human Services; MIKE MAHONEY, in his official capacity as Deputy Warden, Montana State Prison; and THE DEPARTMENT OF CORRECTIONS AND HUMAN SERVICES,
Defendants.
CAUSE NO. CV 92-13-H-LBE

CAUSE NO. CV 93-46-H-LBE ORDER

ORDER/ PAGE 1

Langford v. Racicot

• •

• • < •••••• • • •

•

PC-MT-001-004

IT IS HEREBY ORDERED on this 29th day of November, 1994, that the proposed Settlement Agreement of the parties for this action is approved and entered pursuant to Rule 23 (e) of the Federal Rules of Civil Procedure. A Rationale will issue following entry of this Order.
DONE and DATED this 2 9th day of November, 1994
Leif/ B. Erickson Unit(ed States Magistrate Judge cc: American Civil Liberties Union Foundations Cannon & Sheehy Ogle & Worm Attys. Dept. of Corrections & Human Serv. Keller, Reynolds, Drake, Johnson & Gillespie
ORDER/ PAGE'2

Honorable Leif B. Erickson Federal Magistrate Judge Missoula Division P 0 Box 7219 Missoula, MT 59807-7219
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA HELENA DIVISION

FILED

JAN 2 5 1995

LOU ALEKSICH, JR. CLERK

By

MARILYN G. SE'WCU

DEPUTY CLERK

IN THE MATTER OF LITIGATION RELATING TO CONDITIONS OF CONFINEMENT AT MONTANA STATE PRISON,
THIS DOCUMENT RELATES TO:
TERRY LANGFORD, JAMES BALL, JAMES PETERSCHICK, JEFF DELAPHIANO, TRUEMAN CONRAD, ANTHEL BROWN, DAN MASON, and RUDY MEISSNER, on behalf of themselves and all others presently incarcerated or who will in the future be incarcerated at the Montana State Penitentiary,
Plaintiffs, vs.
MARC RACICOT, in his official capacity as Governor of the State of Montana; RICK DAY, in his official capacity as Director, Department of Corrections and Human Services; JAMES "MICKEY" GAMBLE, in his official capacity as the Administrator of the Corrections Division of the Montana Department of Corrections and Human Services; MIKE MAHONEY, in his official capacity as Deputy Warden, Montana State Prison; and THE DEPARTMENT OF CORRECTIONS AND HUMAN SERVICES,
Defendants.
CAUSE NO. CV 92-13-H-LBE

CAUSE NO. CV 93-46-H-LBE
RATIONALE IN SUPPORT OF ORDER APPROVING SETTLEMENT AGREEMENT

RATIONALE IN SUPPORT OF ORDER APPROVING SETTLEMENT AGREEMENT/ PAGE 1

On the 29th day of November, 1994, this Court entered its Order approving the Settlement Agreement (Agreement) proposed by the parties in the above-entitled action. Rule 23 (e) of the Federal Rules of Civil Procedure provides that a "class action shall not be dismissed or compromised without the approval of the Court." In accord with that rule, and cases arising thereunder, this Court first made a preliminary evaluation of the fairness of the Agreement. It appearing that the proposed Agreement was the product of serious, informed and noncollusive negotiations with no obvious deficiencies and no preferential treatment for class representatives or segments of the class, and that it fell within the range of possible approval, the Court directed notice be given to the class members of a formal fairness hearing and invited the members to present objections in writing to be considered by the Court. The members of the class consisted of all male prisoners at the Montana State Prison at Deer Lodge, Montana. Notice was given by posting copies of the proposed Agreement at such locales within the prison confines that they were readily accessible to all inmates. Of the 1,270 or so inmates at the prison, objections were received from approximately 500. A large number of these objections did not address specific terms of the Agreement but were in the nature of a general objection to the Agreement as a whole. Because no specific grounds for objection were set forth the court did not afford these general objections as much weight in addressing the fairness of the Agreement as was given to the more specific objections interposed which are discussed further on.
Following receipt of the objections a fairness hearing was
RATIONALE IN SUPPORT OF ORDER APPROVING SETTLEMENT AGREEMENT/ PAGE 2

held on the 28th day of November, 1994. Present were all counsel for the respective parties, together with three inmates who had been active in assisting many of the inmates present their objections to the Court. Based on the comments addressed to the Court by all participating counsel as well as by the three inmate representatives, the Court finds and concludes as follows:
1. Discovery commenced in January, 1994, and continued through August, 1994. It consisted of production of a huge number of documents by the Defendants as well as on site visits to the prison by Plaintiffs' counsel where documents were viewed and prisoners, as well as staff, were interviewed. According to Plaintiffs' counsel, Mark Lopez, the only discovery not yet accomplished as of the date of the Agreement would be the taking of formal depositions, updating written discovery, and having experts go through the prison one last time so that their information would be up to date just prior to trial. Counsel for the Defendants, Keith Keller, concurs that discovery was thorough and the only discovery not done was for trial preparation as opposed to familiarization with the issues. From this, the Court concludes that discovery was sufficiently complete to allow counsel for the parties to make a knowing and informed decision as to the factual basis for the Agreement.
2. The Agreement itself was the product of up to a dozen meetings between counsel for the parties, which took place over a period of three months. The Court is satisfied from having facilitated various preliminary meetings between counsel for the parties and the guidance of the Court's law clerk, Mary Ann Sutton,
RATIONALE IN SUPPORT OF ORDER APPROVING SETTLEMENT AGREEMENT/ PAGE 3

on various procedural matters, as well as by the assurances of counsel for the parties, that the Agreement is not the result of any collusion or fraud between the parties, but rather the result of hard and intensive debate on the merits between the counsel for the respective parties.
3. Counsel for the respective parties are experienced in litigation involving conditions of confinement at issue in the present matter. Mark Lopez, a lawyer with the National Prison Project of the American Civil Liberties Union, representing Plaintiffs, has actively participated in up to a dozen class action prisoner suits over a period of seven years. Plaintiffs' counsel Ed Sheehy and Scott Wurster have been active in the present litigation from its outset in 1991. Counsel for several individual class members, Jeff Renz, presently the Director of the Montana Defender Project, has litigated a number of Section 1983 actions on behalf of prisoners challenging their conditions of confinement, both in his position as Director and prior thereto while in private practice.
Defendants' counsel Keith Keller has not only been a participant in the present litigation from the outset, but previously was defense counsel for the State in a similar type of action challenging conditions of confinement at the Montana state mental hospital, which included a three-week trial on the merits. Defendants' counsel, Dave Ohler, has been counsel for the Montana State Department of Corrections and Human Services for a number of years and in that capacity has represented the State in response to
RATIONALE IN SUPPORT OF ORDER APPROVING SETTLEMENT AGREEMENT/ PAGE 4

a large number of individual Section 1983 actions brought by

inmates at Montana State Prison.

4. The Agreement speaks for itself and the Court will not

comment further on specific parts of the Agreement except insofar

as necessary to respond to the objections that have been filed with this Court or made known to the Court at the time of the hearing.1

The Court has received objections from two primary sources:

the United States Department of Justice and the inmate members of

the class. The Court will first address the objections received

from the Department of Justice.

Objections from the Department of Justice

The Civil Rights Division of the Department of Justice

conducted investigations and on site inspections into the

conditions of confinement at Montana State Prison following the

1991 riot. Attorneys for the Department have participated in

meetings with state officials, attended conferences with counsel in

this litigation, and provided input to counsel for both parties

during the course of their negotiations. The Court solicited input

from the Department regarding the terms of the Agreement and

written comments were received.

The Department's concerns regarding the status and treatment

;

of protective custody inmates is best addressed by noting that this

]

issue is specifically excluded from the terms of the Agreement and

;

1 For an excellent discussion of the background of the litigation, summary of the issues addressed in the Settlement Agreement, and caselaw relied on, at least by Plaintiffs' counsel, in reaching the Agreement see the Plaintiffs' Memorandum in Support of Motion to Approve and Enter Settlement Agreement.
RATIONALE IN SUPPORT OF ORDER APPROVING SETTLEMENT AGREEMENT/ PAGE 5

is set for trial, counsel having informed the Court that the protective custody issue could not be resolved through negotiation and so was reserved for separate litigation. The remaining objections are discussed below.
a. The Agreement provides at Page 6 that the Defendants shall have one year from the Court's approval of the Agreement to come into substantial compliance with its terms. Substantial compliance is to be assessed by not more than two impartial experts with the parties in agreement that the impartial expert for judging substantial compliance with medical, dental, and mental health provisions will be Ronald Shansky, M.D., and that an as yet unidentified expert will be selected who will address general penal conditions. The Department of Justice objects on the grounds that two additional experts are necessary to properly evaluate conditions at the prison. One of the additional experts would address psychiatric care and the remaining expert would address health and safety. In response to these objections, the Court notes that the Settlement Agreement requires compliance with "State building, Public Health and Fire Codes." Agreement, p. 17. This Court has received few, if any, complaints relative to the physical plant of late2 (Although one of the objections voiced herein is as to ventilation which will be discussed in more detail infra) and is satisfied that, at least to this point, evaluation by an outside expert is not warranted absent an apparent identifiable deficiency
2 This is not to say there have not been previous complaints, particularly with regard to Rothe dorm. RATIONALE IN SUPPORT OF ORDER APPROVING SETTLEMENT AGREEMENT/ PAGE 6

in the physical plant affecting the health and well-being of the inmates. Class counsel has not raised significant concerns in this area and is satisfied that adherence to state codes is all that could be achieved if the issue were litigated.
As to the issue of an expert to evaluate psychiatric care, the Court notes that Dr. Shansky is the Director of the Medical Division of the Illinois Department of Corrections who supervises prison psychiatric programs throughout the State of Illinois and has been deemed competent by both parties to do a proper evaluation. Certainly nothing within the Agreement would preclude Dr. Shansky from conferring with other experts in the field of psychiatric care if he felt the need to do so in addressing any concerns he may have as to the appropriateness of mental health care provided by Defendants.
The Department of Justice also objects to measuring the performance of the Defendants on the basis of "substantial compliance." While absolute compliance may be a preferred standard, there is little doubt that a court, in reviewing compliance, would apply a substantial compliance standard. This is particularly so in light of the inherent discretion necessarily available to officials operating a prison to assure the safety and well being of both inmates and staff. At the same time, substantial compliance does not afford to the prison officials the right to ignore the terms of the Agreement nor to fail to make a good faith effort to fully comply with its terms.
RATIONALE IN SUPPORT OF ORDER APPROVING SETTLEMENT AGREEMENT/ PAGE 7

b. The Department of Justice objects to the lack of power by the Court to impose sanctions in the form of contempt or fines against Defendants who may be found to be in violation of the Agreement. However, the Court retains authority to enter an order of specific performance in the event of a violation of the Agreement and, if that order were not complied with, then the usual authority of the Court to impose sanctions, including contempt and fines, remains available.
c. The Department of Justice disputes the provision that Defendants be excused from performing under the Agreement in the event of an emergency. However, the Court would likely excuse limited noncompliance in such an event so long as noncompliance were appropriate in light of the emergency and that the Defendants return to substantial compliance once the emergency was abated.
d. The Department of Justice objects to the lack of specifics as to officer training. However, the Agreement provides that officer training shall be in compliance with National Institute of Corrections standards and that a consultant will determine compliance. Class counsel has satisfied the Court that the NIC training standards themselves provide sufficient specificity to guide and determine Defendants' compliance on this point without the necessity of specificity in the Agreement itself. Inmate Complaints
a. The overwhelming substantive objection from the inmates was as to the preclusive effect of the document. Specifically, they were concerned that the document may bar future damage claims
RATIONALE IN SUPPORT OF ORDER APPROVING SETTLEMENT AGREEMENT/ PAGE 8

as well as claims for individual injunctive relief. As regards these concerns, the Agreement provides as follows: "Except as otherwise provided in this Agreement, the Plaintiffs shall not seek additional relief as to any claims for injunctive and declaratory relief on all issues specifically agreed to by the parties in this Agreement, . . .." Agreement p. 2. This language would clearly not preempt individual claims for damages. Further, as understood by counsel for Plaintiffs and for Defendants, the language would preclude injunctive and declaratory relief only as to those claims seeking general or systemic relief contrary to what is provided in the Settlement Agreement but would otherwise not preclude a claim for injunctive relief brought by an individual inmate for wrongful acts particularly affecting that inmate.
b. The second primary concern of the objecting inmates is as to the enforceability of the Agreement. The concern is that the Agreement puts the case in abeyance for a year or longer and prohibits the Plaintiffs from conducting formal discovery, pursuing the litigation, and coming to the Court for relief. However, as has previously been discussed, the Agreement provides for two experts to come to the prison, which will be at the end of six months from the date of the Order approving the Agreement, in order to determine whether Defendants are making satisfactory progress toward substantial compliance. In the event it is their opinion the Defendants are not making satisfactory progress toward substantial compliance, the Plaintiffs may seek appropriate relief from the Court. Thus, a method for evaluating and a means for
RATIONALE IN SUPPORT OF ORDER APPROVING SETTLEMENT AGREEMENT/ PAGE 9

enforcing compliance is contained within the document. c. The Court has received objections from inmates held in
maximum security as to "maximum security-general population" classification a/k/a Level 5. Inmates who have spent 60 days on Level 4 with clean conduct are eligible for consideration for Level 5 with the final determination at the discretion of the maximum security unit management team. Inmates in Level 5 will be allowed at least 26 hours out of cell per week including one meal per day outside the cell and one and a half hours recreation time every other day, amounting to privileges which class counsel state could not be achieved through litigation. Some inmates object that this may result in a mix of inmates outside of their cells who are incompatible with each. Others object that the discretion reposed in the maximum security management team in determining ultimately who will qualify for Level 5 will result in arbitrary decision making. As has been previously noted, the Court must recognize the obligation of the prison officials to operate the prison in a manner which takes into account the safety and well being of both inmates and staff. The concern by inmates as to an improper mix of incompatible inmates points out the necessity for such discretion. Absent some discretion, prison officials would not be able to consider and take appropriate steps to assure a proper mix of inmates out of their cells at any given time. Accordingly, it is appropriate to leave with those officials a certain amount of discretion subject only to the standard of whether that discretion has been abused. This latter standard will assure that an inmate
RATIONALE IN SUPPORT OF ORDER APPROVING SETTLEMENT AGREEMENT/ PAGE 10

otherwise qualified for Level 5 is not arbitrarily excluded from being afforded that classification.
d. Inmate Doriel Sor-Lokken has set forth a lengthy list of objections which will be discussed as follows:
1. His objection that the Agreement would preclude individual claims is not well taken as previously discussed. Thus his complaints seeking compensation for property taken during the 1991 prison riot, for alleged discrimination as a consequence of performing pro se legal work for himself and for other inmates, for not being permitted to attend a prerelease center due to his handicap, for being required to perform heavy labor he is physically not suited for, for being denied access to certain classes of mail or tardy mail delivery and for lack of adequate ventilation in light of particular medical needs are all complaints for individual injury which are not precluded by the agreement.
2. His objection concerning the failure of the prison to comply with the Americans with Disabilities Act is addressed in Section 9 of the Agreement which provides that Defendants shall ensure that inmates with disabilities are not excluded from participation in or denied the benefits of housing, services, facilities, and programs because of their disabilities. Further, Defendants are to develop and implement plans to integrate disabled inmates into the main stream of the institution. As noted, any claim arising out of failure to comply which affects inmate Sor-Lokken individually
RATIONALE IN SUPPORT OF ORDER APPROVING SETTLEMENT AGREEMENT/ PAGE 11

is not precluded. 3. He complains that men and women prisoners are not
treated equally in living conditions and classification, that men and women are not treated the same with regards to filing of criminal charges, proceedings, plea bargaining, trial and sentencing and that there are different levels of pay within the prison system. These, however, are not issues that were pled in the litigation nor addressed in the Agreement. Accordingly, the Agreement would not preclude inmate SorLokken from pursuing such claims. e. Inmate Patrick Tye and a number of others complained of overcrowding. The Courts have generally recognized that "double bunking" is not a constitutional violation per se, provided that inmates are provided with "out of cell" time. Section 4 of the Agreement provides that general population inmates shall have the opportunity to spend at least eight hours out of cell time on a daily basis. f. Inmate Tye and others complain that one year is too long to give to the Defendants to come into substantial compliance with the Agreement. As counsel have noted, were this Agreement not approved and the matter set for trial, and considering the possibility for appeal of all or any portion of the result of such trial, it would likely be much longer than one year before the programs which the Defendants have agreed to implement would be placed in effect by the Court. In addition, there is evidence that a number of the changes mandated by the Agreement have already been
RATIONALE IN SUPPORT OF ORDER APPROVING SETTLEMENT AGREEMENT/ PAGE 12

implemented. g. Objections were received as to the prioritizing of
treatment programs for those closest to parole. The Agreement provides that the Defendants are to give priority for access to treatment programs to inmates who are closest to parole eligibility and to inmates who have parole conditioned on their completion of specific treatment programs. Several inmates have complained that although they are not close to parole they have been allowed to enter treatment programs and they are concerned with having those treatment programs taken away from them and given to those who are closer to parole status. While the Court appreciates the concerns expressed by these inmates, the Ninth Circuit has held that there is no right to programs in the first instance and this is a matter of making the most effective use of the programs that do exist. In a weighing of interests, the Court concludes that insofar as the liberty interests of inmates close to parole may be affected by participation in various programs it is important that those inmates be afforded priority for those programs.
h. A number of inmates object to the provision regarding over-the-counter medications, requesting that over-the-counter medications be provided free of charge to the inmates. The Agreement provides that Defendants shall revise the present overthe-counter medication policy and implement a revised policy so that over-the-counter medication that is authorized by a licensed health care provider shall be provided by the Defendants for the period of time recommended by the health care provider. It is the
RATIONALE IN SUPPORT OF ORDER APPROVING SETTLEMENT AGREEMENT/ PAGE 13

stated expectation of the parties that the over-the-counter medications shall be provided for common ailments where medically appropriate. In any other instance, over-the-counter medications shall be available for purchase to the inmate population through the canteen. Insofar as over-the-counter medications are provided to inmates for common ailments where medically appropriate, free of charge to such inmates, the objection to that proviso is not well taken. This provision meets the concerns of the inmates that they be provided free medications where medically appropriate while still meeting the concerns of the Defendants that they not be required to provide free medications without a showing of some medical need.
i. Concern was expressed over the distribution of medications by the guards as opposed to distribution by medical staff personnel. Apparently there have been occasions when the medications were mixed up with the result the wrong medications were provided to inmates. This is of particular concern with regard to psychiatric care inmates who may not be able to distinguish which medications they should be receiving. This problem has apparently been alleviated to a large extent by the practice of the medications being prepared in a dispensary, sealed in a cup, and the inmate's initials being placed thereon. This has prevented the medications from being dropped and mixed up although human error may still allow for misdelivery of medications. The Agreement provides that with respect to distribution of medication the Defendants shall comport with state law and the Administrative
RATIONALE IN SUPPORT OF ORDER APPROVING SETTLEMENT AGREEMENT/ PAGE 14

Rules of Montana-Board of Nursing guidelines. In the event medications continue to be delivered to the wrong inmates the Defendants would be out of compliance with this provision and would be subject to orders of enforcement.
j. Finally, objections have been received requesting that sick call be conducted seven days a week as opposed to the practice of five days a week. The Agreement requires Defendants to conduct a daily sick call except for weekends and holidays and further requires that Defendants shall ensure that all inmates are seen at sick call by a nurse and/or a physician assistant within 48 hours of their submission of a request for health care services. As noted by Mr. Lopez, while seven days a week may have been ideal, it could not be mandated. Sick call should not be confused with emergency medical services to address acute health care problems where death may be the likely outcome. In that regard, the policy of the Montana Corrections Division relative to therapeutic care states that the level of health care service provided by the Division will be consistent with the standards for such services in the community. Thus, while not specifically addressed within the Agreement, emergency medical services are considered and provided for by the existing prison policy.
The Court was advised at the hearing that during the interim between the receipt of objections and the time of the hearing, counsel for the Plaintiffs visited with inmates at the prison and discussed a number of the objections. The Court is further advised that once the attorneys had an opportunity to talk with the inmates about their objections the concerns of those inmates, particularly
RATIONALE IN SUPPORT OF ORDER APPROVING SETTLEMENT AGREEMENT/ PAGE 15

as to the scope of the preclusive effect of the Agreement were alleviated. Jeff Renz, counsel for several individual class members, testified that he also visited at the prison during the comment period and no inmates requested that he present objections to the Agreement.
Inmate Ricky Worden, a law clerk on the Low Side, stated that most of the concerns that were voiced to him by the inmate population were with regard to the preclusive effect of the settlement on individual law suits. Inmate Worden felt that insofar as the Agreement would not preclude proceeding with such suits, those concerns have been addressed. Inmate Worden also expressed concern about the matter of compliance by the Defendants with the provisions in the Agreement similar to the concerns expressed by the Department of Justice which have been addressed supra. Provided the Defendants did comply with the Agreement, inmate Worden expressed satisfaction with the Agreement.
Inmate Steve Hardy is also a law clerk who addressed the Court relative to the Agreement. He, likewise, expressed the concern of the two or three hundred inmates he had discussed the Agreement with as to their right to continue with their individual claims. He also expressed concern, based on his long tenure at the institution, that should the prison officials and staff be granted too much discretion, then they would be free to make arbitrary decisions affecting individual inmates. He appreciated, however, that the courts have recognized the right of prison staff and officials to exercise discretion and stated his personal feelings
RATIONALE IN SUPPORT OF ORDER APPROVING SETTLEMENT AGREEMENT/ PAGE 16

that the Agreement overall was a good settlement. The third inmate testifying was Terry Langford, a death
penalty inmate from maximum security and a named class representative. He expressed concern about defining what may be considered general dental care to be addressed within 60 days and what may be considered urgent or emergency dental care requiring a more prompt response. In replying to this concern Mr. Keller noted the intent was to use terms that would have medical meaning, i.e., urgent and routine, which would be understood within the profession and which would assure that the prison would not delay care that required immediate treatment. Inmate Langford expressed further concern about the delivery of medications by the guards as has been previously discussed relative to the medications still getting mixed up even though the medications are placed in a sealed container with the names written thereon. As the Court has noted, should this be a recurring problem, the Defendants would not be in compliance and would be subject to appropriate order of the Court. Finally, Inmate Langford expressed concern over the implementation of Level 5. His primary concerns were that the inmates who qualified for Level 5 be treated fairly, and in avoiding the creation of problems between inmates in Maximum Security. These concerns have been previously addressed. In spite of these expressed concerns, inmate Langford advised the Court he would be in favor of the Court adopting the Agreement.
CONCLUSION The Settlement Agreement reached is the result of arms length
RATIONALE INSUPPORT OFORDER APPROVING SETTLEMENT AGREEMENT/ PAGE 17

noncollusive bargaining between knowledgeable and experienced counsel on each side having as its base extensive discovery and an understanding of the applicable law. In a number of instances the relief agreed to by the Defendants goes beyond that which would likely be mandated were the matter to proceed to trial and in no instance does it appear that any portion of the Agreement would fall below constitutional standards. The Agreement is, in the opinion of this Court, a fair, adequate, and reasonable resolution of the matters at issue in the law suit, exclusive, of course, of the issue of protective custody which has been specifically excepted.
DONE and DATED this ^ %^Mday of December, 1994
Leift B. Ericksori United States Magistrate Judge
cc: American Civil Liberties Union Foundations Cannon & Sheehy Ogle & Worm Attys. Dept. of Corrections & Human Serv. Keller, Reynolds, Drake, Johnson & Gillespie Sherry Scheel Matteucci, U.S. Attorney Tim Payne, Dept. of Justice Jeff Renz, Montana Defender Project Ricky Worden Steve Hardy Terry Langford
RATIONALE IN SUPPORT OF ORDER APPROVING SETTLEMENT AGREEMENT/ PAGE 18

 
 Mark J. Lopez Edward I. Koren Margaret Winter Eric Balaban National Prison Project of the American Civil Liberties Union Foundation 1875 Connecticut Avenue, NW Suite 410
Washington, DC 20009 (202) 234-4830

Scott C. Wurster Law Offices P.O. Box 918 Kalispell, MT 59901 (406) 752-6373

Edmund F. Sheehy, Jr. Cannon & Sheehy P.O. Box 5717 Helena, MT 59604-5717 (406) 442-9930

Attorneys for Plaintiffs

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA HELENA DIVISION

IN THE MATTER OF LITIGATION RELATING)

TO CONDITIONS OF CONFINEMENT AT

) CAUSE NO. CV 93-46-H-LBE

MONTANA STATE PRISON,

)

THIS DOCUMENT RELATES :
LANGFORD, et al. v. GOV. RACICOT, et al.

)

JOINT STIPULATION

) REGARDING MEDICAL CARE

) CAUSE NO. CV 92-13-H-LBE

I. HISTORY This action was filed concerning conditions at Montana State
Prison (MSP). On December 30, 1993, the Plaintiffs filed their Fifth Amended Complaint and on January 14, 1994, the action was certified as a class-action by the Court. Following several months of negotiations, the parties through their counsel entered into a Settlement Agreement ("Agreement") resolving most of the Plaintiffs' claims. The Court approved and entered the Agreement

1

Langford v. Racicot

PC-MT-001-005

under Rule 23(e) of the Federal Rules of Civil Procedure on November 29, 19 94.
Pursuant to the Agreement, Ronald Shansky, M.D., was appointed the impartial expert to assess the Defendants' compliance with the Agreement's medical, dental and mental health care provisions. Dr. Shansky, accompanied by mental health expert Dr. Mary West, conducted on-site tours of Montana State Prison on July 24-25, 1995 and April 15-16, 1996. Dr. Shansky issued reports of his findings following each tour. Dr. Shansky's second report held that the Defendants had not substantially complied with a number of the provisions of the Agreement. The parties thereafter entered into negotiations and jointly stipulate to the following: II. EXTENSION OF THE MONITORING PERIOD
1. Dr. Ronald Shansky and Dr. Michael Puisis shall serve as the impartial experts to assess Defendants' compliance with the terms of Sections 1 (Medical Care) and 2 (Dental Care) of the Settlement Agreement. Dr. Jeffrey Metzner and Dr. Mary West shall serve as the impartial experts to assess Defendants' compliance with Section 3 (Mental Health Care) of the Agreement. Defendants will pay the fees and expenses of Drs. Shansky and West, but shall not be responsible for the fees and expenses of Drs. Puisis and Metzner.
2. The impartial experts shall conduct an initial on-site tour at Montana State Prison no later than November 30, 1996. The tour shall be conducted in accordance with the terms and conditions set forth in the Agreement. The impartial experts shall submit to
Page 2

Plaintiffs' and Defendants' counsel a written report of their findings within 30 days of their visit.
3. If the impartial experts conclude in their report that the Defendants have not achieved substantial compliance, they shall conduct a second tour no later than May 30, 1997. This tour shall be conducted in accordance with the same terms as the initial visit. The report issued following this tour shall include a statement indicating whether or not Defendants are in substantial compliance with each of the referenced provisions of the Agreement. III. DISMISSAL ON SUBSTANTIAL COMPLIANCE
1. Should the impartial experts conclude in either their first or second reports that Defendants have achieved substantial compliance with the referenced provisions of the Agreement, they shall make an on-site visit to MSP four months thereafter. This tour shall be conducted in accordance with the same terms as the initial visit. If the impartial experts conclude that Defendants remain in substantial compliance following this visit, Defendants' counsel may submit the reports to the Court and request a dismissal of those provisions where they have been found to remain in substantial compliance.
Should the impartial experts report substantial compliance in some areas but not others, the Defendants may seek dismissal of portions of the action relating to those areas with which they substantially comply. IV. CONTINUING JURISDICTION
The Court shall retain jurisdiction over this action for the
Page 3

purpose of enforcing the provisions of the Agreement until such time as the Court orders a dismissal with prejudice pursuant to Section III above. This stipulation shall have no effect on the parties' existing rights and obligations under the Agreement except as expressly set forth herein.

State of Montana Department of Corrections
and Human Services .1539 llth Helena,
By: Director^ For the Defendants
Dated:

David L. Ohler Department of Corrections
and Human Services 153 9 llth Avenue Helena, Montana 59601
By: David L. Ohler Attorney for Defendants
Dated:

Terry Langford, et. al.

Keller, Reynolds, Drake,

Johnson & Gillespie, P.C.

By:

3 8 South Last Chance Gulch

G. Salaban

Helena, Mgjartana/59601

National Prison Project - ACLU

1875 Connecticut Avenue, N.W, #410

Washington, D.C. 20009

By:

For the Plaintiffs

P\ Keith Keller

Attorney for7 Defendants

Dated:

Dated:

Edmund F. Sheehy Cannon & Sheehy P.O. Box 5717 Helena, Montana 59604-5717

By: Edmund F. Sheehy

) l/0^.

Attorney for Plaintiffs

Scott Wurster Law Offices P.O. Box 918 Kalispell, Montana 59903-0918
By: Wurster
Attorney for Plaintiffs

Page 4

 
 Margaret Winter Eric Balaban National Prison Project of the American Civil Liberties Union Foundation 1875 Connecticut Avenue, NW Suite 410 Washington, DC 20009 (202) 234-4830

Scott C. Wurster Law Offices P.O. Box 918 Kalispell, MT 59901 (406) 752-6373

Edmund F. Sheeny, Jr. Cannon & Sheehy P.O. Box 5717 Helena, MT 59604-5717 (406) 442-9930

Attorneys for Plaintiffs

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA HELENA DIVISION

IN THE MATTER OF LITIGATION RELATING )

TO CONDITIONS OF CONFINEMENT AT

• ) CAUSE NO. CV 93-4 6-H-LBE

MONTANA STATE PRISON,

)

THIS DOCUMENT RELATES :

) SECOND JOINT STIPULATION ) REGARDING MEDICAL CARE

LANGFORD, et al. v. GOV. RACICOT, et al.

) CAUSE NO. CV 92-13-H-LBE

I. HISTORY This action was filed concerning conditions at Montana State
Prison (MSP). On December 30, 1993, the Plaintiffs filed their Fifth Amended Complaint and on January 14, 1994, the action was certified as a class-action by the Court. Following several months of negotiations, the parties through their counsel entered into a Settlement Agreement ("Agreement") resolving most of the

Page 1

Langford v. Racicot

PC-MT-001-007

Plaintiffs' claims. The Court approved and entered the Agreement under Rule 23 (e) of the Federal Rules of Civil Procedure on November 29, 1994.
Pursuant to the Agreement, Ronald Shansky, M.D., was appointed the impartial expert to assess the Defendants' compliance with the Agreement's medical, dental and mental health care provisions. Dr. Shansky, accompanied by mental health expert Dr. Mary West, conducted on-site tours of Montana State Prison on July 24-25, 1995 and April 15-16, 1996. Dr. Shansky issued reports of his findings following each tour. Based on the reports, the parties thereafter entered into negotiations, resulting in the Joint Stipulation Regarding Medical Care (Joint Stipulation I ) , which was entered as an Order of this Court on September 2 6, 1996. Pursuant to Joint Stipulation I, Dr. Shansky, Dr. West, Dr. Jeffrey Metzner, and Dr. Michael Puisis toured MSP on November 18-19, 1996 and May 14-15, 1997, and the experts issued reports of their findings following each tour. Based on the reports, the parties thereafter entered into negotiations and jointly stipulate to the following: II. EXTENSION OF THE MONITORING PERIOD
1. Dr. Ronald Shansky and Dr. Michael Puisis shall serve as the impartial experts to assess Defendants' compliance with the terms of Section 1 (Medical Care) of the Settlement Agreement, excluding provisions l.C. (Nurses), l.F. (Intake Screening), l.J. (Over-the-counter Medications), l.K. (Annual Physicals), and l.N. (Eye Care); and to assess compliance with Section 2 (Dental Care) Page 2

of the Agreement. Dr. Jeffrey Metzner and Dr. Mary West shall serve as the impartial experts to assess Defendants' compliance with Section 3 (Mental Health Care) of the Agreement, excluding mental health provisions 4. (Organizational Structure), and 5. (Staffing).
2. The impartial experts shall conduct an initial on-site tour at Montana State Prison no later than March 31, 1998. The tour shall be conducted in accordance with the terms and conditions set forth in the Agreement. The impartial experts shall submit to Plaintiffs' and Defendants' counsel a written report of their findings within 30 days of their visit.
3. If the impartial experts conclude in their report that the Defendants have not achieved substantial compliance, they shall conduct a second tour no later than September 30, 1998. This tour shall be conducted in accordance with the same terms as the initial visit. The report issued following this tour shall include a statement indicating whether or not Defendants are in substantial compliance with each of the referenced provisions of the Agreement. Ill. DISMISSAL ON SUBSTANTIAL COMPLIANCE
1. Should the impartial experts conclude in either their first or second reports that Defendants have achieved substantial compliance with the referenced provisions of the Agreement, they shall make an on-site visit to MSP four months thereafter. This tour shall be conducted in accordance with the same terms as the initial visit. If the impartial experts conclude that Defendants Page 3

remain in substantial compliance following this visit, Defendants' counsel may submit the reports to the Court and request a dismissal of those provisions where they have been found to remain in substantial compliance.
Should the impartial experts report substantial compliance in some areas but not others, the Defendants may seek dismissal of portions of the action relating to those areas with which they substantially comply. IV. CONTINUING JURISDICTION
The Court shall retain jurisdiction over this action for the purpose of enforcing the provisions of the Agreement until such time as the Court orders a dismissal with prejudice pursuant to Section III above. This stipulation shall have no effect on the parties' existing rights and obligations under the Agreement except as expressly set forth herein.

Terry Langford, et. al.

Keller,Reynolds, Drake, Johnson & Gillespie, P.C. 38 South Last Chance Gulch Helena, Monta

By:
feric cf Bafaban
National Prison Project - ACLU
1875 Connecticut Avenue, N.W, #410
Washington, D.C. 20009

P. Keith Keller

Attorney for the Plaintiffs

Attorney for Defendants

Dated:

Dated:

/'

Page 4

Edmund F. Sheehy Cannon & Sheehy P.O. Box 5717 Helena, Montana ,9604-5717
By: Edmund F. Sheehy (7 Attorney for Plaintiffs
Dated:
State of Montana Department of Corrections
and Human Services 1539 11th Avenue Helena, J>4g>»tana 59601
By: Director For the Defendants
Dated: /~lt» -

Scott Wurster Law Offices P.O. Box 918 Kalispell, Montana 59903-0918
By: Scott Wurster Attorney for Plaintiffs
Dated:
David L. Ohler Department of Corrections
and Human Services 1539 11th Avenue Helena^ Montana 59£01
By? David L. Ohler Attorney for Defendants
Dated:
7

Page 5

 
 Case: 6:92-cv-13 As of: 07/02/2020 08:21 AM MDT 1 of 34
CLOSED,CONSMAG,CONSPT,DISPF&R
U.S. District Court District of Montana (Helena) CIVIL DOCKET FOR CASE #: 6:92−cv−00013−JCL

Langford, et al v. Racicot, et al Assigned to: Magistrate Judge Jeremiah C. Lynch Demand: $0 Case in other court: USCA, 9th Circuit, :96− −35087 3331
USCA, 9th Circuit, :96− −35088 3331
misc. case, MCV91−10−H Cause: 42:1983 Prisoner Civil Rights
Plaintiff

Date Filed: 02/13/1992 Date Terminated: 06/19/2018 Jury Demand: None Nature of Suit: 550 Prisoner: Civil Rights Jurisdiction: Federal Question

Terry Langford

represented by Amy F. Robertson CIVIL RIGHTS EDUCATION AND ENFORCEMENT CENTER 1245 E. Colfax Ave., Suite 400 Denver, CO 80218 303−757−7901 Fax: 303−595−9705 Email: arobertson@creeclaw.org LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Eric G. Balaban NATIONAL PRISON PROJECT 915 15th Street NW Seventh Floor Washington, DC 20005 Email: ebalaban@aclu.org LEAD ATTORNEY ATTORNEY TO BE NOTICED

Alexander H. Rate AMERICAN CIVIL LIBERTIES UNION OF MONTANA P.O. Box 1968 Missoula, MT 59806 406−204−0287 Email: ratea@aclumontana.org ATTORNEY TO BE NOTICED

Beth Brenneman MONTANA ADVOCACY PROGRAM PO Box 1681 Helena, MT 59624 406 449−2344 Fax: 406 449−2418 Email: beth@disabilityrightsmt.org TERMINATED: 02/17/2016

Edmund F. Sheehy , Jr. CANNON & SHEEHY Box 5717 2031 Eleventh Avenue Helena, MT 59604−5717 406−442−9930 Fax: 442−9937 TERMINATED: 02/17/2016

Case: 6:92-cv-13 As of: 07/02/2020 08:21 AM MDT 2 of 34

Plaintiff James E. Ball

Edward I. Koren THE NATIONAL PRISON PROJECT 733 15th Street NW Suite 620 Washington, DC 20005 202−393−4930 Fax: 393−4931 TERMINATED: 02/17/2016
Hamid R. Kashani KASHANI LAW OFFICE 445 N Pennsylvania Street Suite 600 Indianapolis, IN 46204−1806 317−632−1000 TERMINATED: 02/17/2016
Jon E. Ellingson Attoney At Law 141 North Ave. East Missoula, MT 59801 406−546−9084 Email: jonelling@gmail.com TERMINATED: 03/27/2018
Margaret Winter THE NATIONAL PRISON PROJECT 733 15th Street NW Suite 620 Washington, DC 20005 202−393−4930 Fax: 393−4931 TERMINATED: 02/17/2016
Mark J. Lopez THE NATIONAL PRISON PROJECT 733 15th Street NW Suite 620 Washington, DC 20005 202−393−4930 Fax: 393−4931 TERMINATED: 02/17/2016
Scott C. Wurster ATTORNEY AT LAW 222 Montana Avenue Whitefish, MT 59937 406−863−9020 TERMINATED: 02/17/2016
represented by Amy F. Robertson (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Eric G. Balaban (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Alexander H. Rate (See above for address)

Case: 6:92-cv-13 As of: 07/02/2020 08:21 AM MDT 3 of 34

Plaintiff James Peterschick

ATTORNEY TO BE NOTICED
Beth Brenneman (See above for address) TERMINATED: 02/17/2016
Edmund F. Sheehy , Jr. (See above for address) TERMINATED: 02/17/2016
Edward I. Koren (See above for address) TERMINATED: 02/17/2016
Jon E. Ellingson (See above for address) TERMINATED: 03/27/2018
Mark J. Lopez (See above for address) TERMINATED: 02/17/2016
Sarah M. Morris CIVIL RIGHTS EDUCATION AND ENFORCEMENT CENTER 104 Broadway, Suite 400 Denver, CO 80203 303−757−7901 Fax: 303−595−9705 TERMINATED: 02/17/2016 PRO HAC VICE
Scott C. Wurster (See above for address) TERMINATED: 02/17/2016
represented by Amy F. Robertson (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Eric G. Balaban (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Alexander H. Rate (See above for address) ATTORNEY TO BE NOTICED
Beth Brenneman (See above for address) TERMINATED: 02/17/2016
Edmund F. Sheehy , Jr. (See above for address) TERMINATED: 02/17/2016
Edward I. Koren (See above for address) TERMINATED: 02/17/2016

Case: 6:92-cv-13 As of: 07/02/2020 08:21 AM MDT 4 of 34

Plaintiff Jeff J. Delaphiano
Plaintiff Trueman LeRoy Conrad

Jon E. Ellingson (See above for address) TERMINATED: 03/27/2018
Mark J. Lopez (See above for address) TERMINATED: 02/17/2016
Scott C. Wurster (See above for address) TERMINATED: 02/17/2016
represented by Amy F. Robertson (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Eric G. Balaban (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Alexander H. Rate (See above for address) ATTORNEY TO BE NOTICED
Beth Brenneman (See above for address) TERMINATED: 02/17/2016
Edmund F. Sheehy , Jr. (See above for address) TERMINATED: 02/17/2016
Edward I. Koren (See above for address) TERMINATED: 02/17/2016
Jon E. Ellingson (See above for address) TERMINATED: 03/27/2018
Mark J. Lopez (See above for address) TERMINATED: 02/17/2016
Sarah M. Morris (See above for address) TERMINATED: 02/17/2016 PRO HAC VICE
Scott C. Wurster (See above for address) TERMINATED: 02/17/2016
represented by Amy F. Robertson (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Case: 6:92-cv-13 As of: 07/02/2020 08:21 AM MDT 5 of 34

Plaintiff Anthel LaVan Brown

Eric G. Balaban (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Alexander H. Rate (See above for address) ATTORNEY TO BE NOTICED
Beth Brenneman (See above for address) TERMINATED: 02/17/2016
Edmund F. Sheehy , Jr. (See above for address) TERMINATED: 02/17/2016
Edward I. Koren (See above for address) TERMINATED: 02/17/2016
Jon E. Ellingson (See above for address) TERMINATED: 03/27/2018
Mark J. Lopez (See above for address) TERMINATED: 02/17/2016
Sarah M. Morris (See above for address) TERMINATED: 02/17/2016 PRO HAC VICE
Scott C. Wurster (See above for address) TERMINATED: 02/17/2016
represented by Amy F. Robertson (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Eric G. Balaban (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Alexander H. Rate (See above for address) ATTORNEY TO BE NOTICED
Beth Brenneman (See above for address) TERMINATED: 02/17/2016
Edmund F. Sheehy , Jr. (See above for address) TERMINATED: 02/17/2016
Edward I. Koren (See above for address)

Case: 6:92-cv-13 As of: 07/02/2020 08:21 AM MDT 6 of 34

Plaintiff Dan Mason
Plaintiff Rudy Meissner on behalf of themselves and all others presently incarcerated or who will in the future be incarcerated at the Montana

TERMINATED: 02/17/2016
Jon E. Ellingson (See above for address) TERMINATED: 03/27/2018
Mark J. Lopez (See above for address) TERMINATED: 02/17/2016
Sarah M. Morris (See above for address) TERMINATED: 02/17/2016 PRO HAC VICE
Scott C. Wurster (See above for address) TERMINATED: 02/17/2016
represented by Amy F. Robertson (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Eric G. Balaban (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Alexander H. Rate (See above for address) ATTORNEY TO BE NOTICED
Beth Brenneman (See above for address) TERMINATED: 02/17/2016
Edmund F. Sheehy , Jr. (See above for address) TERMINATED: 02/17/2016
Edward I. Koren (See above for address) TERMINATED: 02/17/2016
Jon E. Ellingson (See above for address) TERMINATED: 03/27/2018
Mark J. Lopez (See above for address) TERMINATED: 02/17/2016
Scott C. Wurster (See above for address) TERMINATED: 02/17/2016
represented by Amy F. Robertson (See above for address) LEAD ATTORNEY PRO HAC VICE

Case: 6:92-cv-13 As of: 07/02/2020 08:21 AM MDT 7 of 34

State Prison,

ATTORNEY TO BE NOTICED
Eric G. Balaban (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Alexander H. Rate (See above for address) ATTORNEY TO BE NOTICED
Beth Brenneman (See above for address) TERMINATED: 02/17/2016
Edmund F. Sheehy , Jr. (See above for address) TERMINATED: 02/17/2016
Edward I. Koren (See above for address) TERMINATED: 02/17/2016
Jon E. Ellingson (See above for address) TERMINATED: 03/27/2018
Mark J. Lopez (See above for address) TERMINATED: 02/17/2016
Scott C. Wurster (See above for address) TERMINATED: 02/17/2016

V.
Defendant
Marc Racicot in his official capacity as Governor of the State of Montana,

represented by Colleen E. Ambrose MONTANA DEPARTMENT OF CORRECTIONS P. O. Box 201301 Helena, MT 59620−1301 406−444−4152 Fax: 444−1494 Email: cambrose@mt.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Colleen Graham White Attorney at Law P.O. Box 201301 Helena, MT 59620−1301 TERMINATED: 10/01/2011
David L. Ohler MONTANA DEPARTMENT OF TRANSPORTATION 2701 Prospect Avenue PO Box 201001 Helena, MT 59620−1001 406−444−6201 Fax: 406−444−7643 Email: dohler@mt.gov

Case: 6:92-cv-13 As of: 07/02/2020 08:21 AM MDT 8 of 34

Defendant
Rick Day in his official capacity as Director, Department of Corrections and Human Services,

TERMINATED: 12/15/2010
Diana Koch MONTANA DEPARTMENT OF CORRECTIONS PO Box 201301 Helena, MT 59620−1301 406−444−3918 Fax: 444−1494 TERMINATED: 02/17/2016
Kimberly A. Kradolfer MONTANA DEPARTMENT OF JUSTICE PO Box 201440 Helena, MT 59620−1440 406−444−2026 Fax: 444−4303 TERMINATED: 02/17/2016
McKenzie V. McCarthy MONTANA DEPARTMENT OF CORRECTIONS 5 S. Last Chance Gulch Helena, MT 59601 406−444−3918 Fax: 406−444−4920 TERMINATED: 02/17/2016
P. Keith Keller KELLER REYNOLDS DRAKE JOHNSON & GILLESPIE 50 S Last Chance Gulch 3rd Floor Helena, MT 59601 406−442−0230 Fax: 449−2256 TERMINATED: 12/15/2010
represented by Colleen E. Ambrose (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Colleen Graham White (See above for address) TERMINATED: 10/01/2011
David L. Ohler (See above for address) TERMINATED: 12/15/2010
Diana Koch (See above for address) TERMINATED: 02/17/2016
Kimberly A. Kradolfer (See above for address) TERMINATED: 02/17/2016
McKenzie V. McCarthy (See above for address) TERMINATED: 02/17/2016

Case: 6:92-cv-13 As of: 07/02/2020 08:21 AM MDT 9 of 34

Defendant James "Mickey&qu Gamble in his official capacity as the Administrator of the Corrections Division of the Montana Department of Corrections and Human Services,
Defendant Mike Mahoney in his official capacity as Deputy Warden, Montana State Prison,

P. Keith Keller (See above for address) TERMINATED: 12/15/2010
represented by Colleen E. Ambrose (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Colleen Graham White (See above for address) TERMINATED: 10/01/2011
David L. Ohler (See above for address) TERMINATED: 12/15/2010
Diana Koch (See above for address) TERMINATED: 02/17/2016
Kimberly A. Kradolfer (See above for address) TERMINATED: 02/17/2016
McKenzie V. McCarthy (See above for address) TERMINATED: 02/17/2016
P. Keith Keller (See above for address) TERMINATED: 12/15/2010
represented by Colleen E. Ambrose (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Colleen Graham White (See above for address) TERMINATED: 10/01/2011
David L. Ohler (See above for address) TERMINATED: 12/15/2010
Diana Koch (See above for address) TERMINATED: 02/17/2016
Kimberly A. Kradolfer (See above for address) TERMINATED: 02/17/2016
McKenzie V. McCarthy (See above for address) TERMINATED: 02/17/2016
P. Keith Keller (See above for address) TERMINATED: 12/15/2010

Case: 6:92-cv-13 As of: 07/02/2020 08:21 AM MDT 10 of 34

Defendant
State of Montana, Department of Corrections

represented by Colleen E. Ambrose (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Colleen Graham White (See above for address) TERMINATED: 10/01/2011
David L. Ohler (See above for address) TERMINATED: 12/15/2010
Diana Koch (See above for address) TERMINATED: 02/17/2016
Kimberly A. Kradolfer (See above for address) TERMINATED: 02/17/2016
McKenzie V. McCarthy (See above for address) TERMINATED: 02/17/2016
P. Keith Keller (See above for address) TERMINATED: 12/15/2010

Date Filed 01/28/1992 01/28/1992 01/28/1992 01/28/1992 02/13/1992
02/13/1992 02/20/1992 03/05/1992 04/22/1992
04/30/1992

# Docket Text
2 MOTION to proceed in forma pauperis delivered to Judge Erickson. (MGS) (Entered: 10/22/1992)
3 MOTION to proceed in forma pauperis delivered to Judge Erickson. (MGS) (Entered: 10/22/1992)
4 MOTION to proceed in forma pauperis delivered to Judge Erickson. (MGS) (Entered: 10/22/1992)
5 COMPLAINT. (MGS) (Entered: 10/22/1992)
7 ORDER by Mag Judge Leif B. Erickson granting motion to proceed in forma pauperis [2−1] granting motion to proceed in forma pauperis [3−1] granting motion to proceed in forma pauperis [4−1]; clk shll issue smmns & sv legal cnsl for Dept of Corrections & Human Services by cert mail. (cpys to pltfs) (MGS) (Entered: 10/22/1992)
SUMMONS issued as to defendant; cpys order, complnt & smmns sent to legal counsel by cert mail, per Order. (MGS) (Entered: 10/22/1992)
8 RETURN OF SERVICE executed upon defendant Jack McCormick on 2/18/92, by cert mail on cnsl. (MGS) (Entered: 10/22/1992)
9 CONSOLIDATED MOTIONS by defendant to dismiss , and to suspend discovery (MGS) (Entered: 10/22/1992)
10 ORDER by Mag Judge Leif B. Erickson that pltfs grnted 10 days frm rec't to file brf opposing dft's mtns. (cc: all counsel − pltfs' cpys by cert mail, rec'd 4/23/92) (MGS) (Entered: 10/22/1992)
11 MOTION by plaintiff Steve Ritchson to amend complaint (MGS) Modified on 10/23/1992 (Entered: 10/22/1992)

Case: 6:92-cv-13 As of: 07/02/2020 08:21 AM MDT 11 of 34

04/30/1992 05/06/1992 05/06/1992 05/06/1992 05/06/1992 05/06/1992 05/06/1992 05/13/1992 09/04/1992 09/04/1992 09/04/1992
09/04/1992
09/04/1992 09/04/1992
09/09/1992 09/22/1992 09/28/1992 09/29/1992 10/07/1992 10/07/1992 10/07/1992 10/15/1992 10/27/1992

12 MOTION by plaintiff Steve Ritchson to extend time to respond to mtns. (MGS) (Entered: 10/22/1992)
13 MOTION by plaintiff Steve Ritchson for appointment of counsel (MGS) (Entered: 10/22/1992)
14 MOTION by plaintiff Steve Ritchson to amend & to remove pltf William Gray. (MGS) (Entered: 10/22/1992)
15 MOTION by plaintiff Steve Ritchson to produce documents (asking the Crt to direct MSP to produce documents) (MGS) (Entered: 10/22/1992)
16 MEMORANDUM/BRIEF by plaintiff Steve Ritchson in support of motion to produce [15−1] (MGS) (Entered: 10/22/1992)
17 RESPONSE by plaintiff Steve Ritchson to motion to dismiss [9−1] (MGS) (Entered: 10/22/1992)
18 MOTION by plaintiff Steve Ritchson to amend (MGS) (Entered: 10/22/1992)
19 2nd CONSOLIDATED MOTIONS by defendant to dismiss w/MEMORANDUM IN SUPPORT. (MGS) (Entered: 10/22/1992)
20 ORDER by Mag Judge Leif B. Erickson granting motion for appointment of counsel [13−1] Edmund F. Sheehy Jr. (cc: all counsel) (MGS) (Entered: 10/23/1992)
21 Copy 4, CJA CLAIM form, appointing atty Sheehy to rep pltfs for all further proceedings. (MGS) (Entered: 10/23/1992)
22 ORDER by Mag Judge Leif B. Erickson granting motion to amend complaint [11−1] denying motion to amend [14−1] granting motion to amend [18−1]; dft granted 20 days to respond further. (cc: all counsel) (MGS) Modified on 10/23/1992 (Entered: 10/23/1992)
23 ORDER by Mag Judge Leif B. Erickson, dft's first & second Consolidated Motions are held in abeyance until dft has responded to pltffs' third amended pldgs. (cc: all counsel) (MGS) (Entered: 10/23/1992)
24 ORDER by Mag Judge Leif B. Erickson denying motion to produce [15−1] (cc: all counsel − cpys FRCivP Rules 33 & 34 snt to pltfs) (MGS) (Entered: 10/23/1992)
25 ORDER by Mag Judge Leif B. Erickson, that pltffs' pldgs are construed as request for class action certification under FRCivP Rule 23(a) & (b)(2); pltffs hv 45 days frm rec't to file brf in suppt of certification; dfts shll resp per Local Rule time limits. (cc: all counsel) (MGS) (Entered: 10/23/1992)
26 MOTION by plaintiff William H. Gray for leave to withdraw as plaintiff in class action. (MGS) (Entered: 10/23/1992)
27 3RD CONSOLIDATED MOTIONS by defendant to dismiss w/MEMORANDUM IN SUPPT. (MGS) (Entered: 10/23/1992)
28 MOTION by plaintiffs to extend time to file responsive memorandum. (MGS) (Entered: 10/23/1992)
29 ORDER by Mag Judge Leif B. Erickson granting motion to extend [28−1]; pltfs have to 10/16/92 to file resp memo. (cc: all counsel) (MGS) (Entered: 10/23/1992)
30 MOTION by plaintiffs to certify class action (MGS) (Entered: 10/23/1992)
31 MEMORANDUM/BRIEF by plaintiffs in support of motion to certify class action [30−1] (MGS) (Entered: 10/23/1992)
32 AFFIDAVIT of Edmund F. Sheehy, Jr. re [30−1] (MGS) (Entered: 10/23/1992)
33 MEMORANDUM/BRIEF by plaintiffs in opposition to motion to dismiss [27−1] (MGS) (Entered: 10/23/1992)
34 MEMORANDUM/BRIEF by defendant in opposition to motion to certify class action [30−1] (MGS) (Entered: 10/27/1992)

Case: 6:92-cv-13 As of: 07/02/2020 08:21 AM MDT 12 of 34

10/29/1992 10/29/1992 10/29/1992 11/05/1992 02/22/1993 03/30/1993 03/30/1993
04/01/1993 04/07/1993 04/08/1993 04/09/1993 04/13/1993
04/14/1993
04/15/1993
04/15/1993 04/19/1993 04/27/1993 04/28/1993 05/07/1993 05/26/1993 07/08/1993

35 REPLY by defendant to response to motion to dismiss [27−1] File delivered to: LBE/L.Clk. (MGS) Modified on 10/30/1992 (Entered: 10/30/1992)
36 AFFIDAVIT of Beverly Beck re [35−1] (MGS) (Entered: 10/30/1992)
37 AFFIDAVIT of Jack McCormick re [35−1] (MGS) (Entered: 10/30/1992)
38 REPLY by plaintiff to response to motion to certify class action [30−1] file delivered to: Judge Erickson. (MGS) (Entered: 11/09/1992)
39 MOTION by plaintiffs for pretrial conference (MGS) (Entered: 02/24/1993)
40 ORDER by Mag Judge Leif B. Erickson finding the motion to extend [12−1] moot. (cc: all counsel) (MGS) (Entered: 03/30/1993)
41 ORDER by Mag Judge Leif B. Erickson holding in abeyance the motion to dismiss [9−1] and the motion to suspend discovery [9−2], holding in abeyance the motion to dismiss [19−1], holding in abeyance the motion to dismiss [27−1] [First, Second & Third Consolidated Motions − held pending Crt's ruling on Mtn for Cert of Class]; holding in abeyance the motion to certify class action [30−1] pending Crt's review of all prisoner litigation re ongoing parallel litigation in MT courts; holding in abeyance the motion for leave to withdraw as pltf in potential class [26−1] pending Crt's determination of Mtn for Cert of Class; Pretrial conference set for 4/8/93 @ 1:30 p.m., in Fed. Bldg., Helena. (cc: all counsel, USM, Hlna Clk, RPR) (MGS) (Entered: 03/30/1993)
42 PRELIMINARY PRETRIAL STATEMENT of plaintiffs (MGS) (Entered: 04/05/1993)
43 PRELIMINARY PRETRIAL STATEMENT by defendant (KJH) (Entered: 04/09/1993)
REMARK − end of file folder #1. (MGS) (Entered: 04/20/1993)
PROPOSED A0 85 Consent Form submitted by defendant and plaintiffs; snt w/file to Helena for Judge Lovell. (MGS) (Entered: 04/09/1993)
44 SCHEDULING ORDER Mag Judge Leif B. Erickson: Motion filing: 12/8/93 − mtns/compel disc 11/26/93; Discovery due: 11/8/93; ans to interrogs by 10/8/93; pltf i.d. expert witnesses by 9/8/93, dft by 10/8/93; Status report: 10/8/93; attys conf wk of 1/3/94; lodge final PTO by 2/4/94. SETTLEMENT DATE 1/28/94. Final PTC 2/11/94 @ Helena. (cc: all counsel) (MGS) (Entered: 04/14/1993)
45 ORDER by Mag Judge Leif B. Erickson ; Complex Litigation conference 5/14/93 at 1:30 p.m. , in crtroom of Judge Thomas C. Honzel, Lewis & Clark Cnty Crthouse, Hlna, MT. (cc: all counsel and Judges Honzel and McCarter) (MGS) (Entered: 04/15/1993)
46 ORDER by Judge Charles C. Lovell upon consent of parties this case transferred to Mag Judge Leif B. Erickson for final dispostion (cc: CCL, LBE, Sheehy, Ohler) (GAR) Modified on 05/03/1993 (Entered: 04/19/1993)
Consent to USMJ. Docketed for statistical purposes. (EBC, ) (Entered: 07/03/2013)
REMARK File to Clk, Msla, purs to consent. (GAR) Modified on 05/11/1993 (Entered: 04/19/1993)
47 ATTORNEY APPEARANCE (Addition of Counsel) for defendant Jack McCormick by P. Keith Keller (MGS) (Entered: 04/28/1993)
48 FOURTH AMENDED COMPLAINT [5−1] by plaintiffs; adding John Does I−X (MGS) (Entered: 04/28/1993)
49 ANSWER by defendant to [48−1] (MGS) (Entered: 05/12/1993)
50 PROOF/NOTICE OF SERVICE by defendant of defendant's first set of discovery requests (KJH) (Entered: 06/02/1993)
51 MOTION by plaintiffs' cnsl for order allowing interim payments of costs and fees. (MGS) (Entered: 07/14/1993)

Case: 6:92-cv-13 As of: 07/02/2020 08:21 AM MDT 13 of 34

07/14/1993 07/20/1993 07/23/1993
07/26/1993 07/26/1993
07/26/1993
07/29/1993 08/05/1993 08/05/1993 08/09/1993 08/09/1993 08/12/1993
09/10/1993
09/10/1993
09/13/1993 12/30/1993 01/07/1994

REMARK − file to LBE/L.Clk. (MGS) (Entered: 07/14/1993)
52 STIPULATION BY ALL to Modify Scheduling Order. (MGS) (Entered: 07/22/1993)
53 ORDER by Honorable Leif B. Erickson granting motion to certify class action [30−1]; action shll be maintained as class action purs to Rules 23(a) & 23(b)(2), FRCP; it shll consist of these pltfs & other similarly situated MSP inmates in Max Security Unit since July 1, l988 & in the future. Purs to Rule 23(d)(2), cnsl shll draft & submit w/n 10 days a stipulated version of notice of the cert of this class; cpys when approved shll be provided to ea inmate now in Max & add'l cpys posted in conspicuous areas of the Max Unit & other common areas of MSP during pendency of this litigation. (cc: all counsel) (MGS) (Entered: 07/29/1993)
54 ORDER by Honorable Leif B. Erickson denying motion for order granting interim pymnts of costs & fees [51−1]; cnsl shll inform Crt w/n 5 days of his intent re continued representation. (cc: all counsel) (MGS) (Entered: 07/29/1993)
55 SCHEDULING ORDER Honorable Leif B. Erickson: pretrial order lodged by 9/26/94; Motion filing: 8/26/94; Discovery due: 7/25/94; Motions to compel discovery by 8/8/94; Status report: 6/10/94; pltf i.d. expert witnesses by 4/25/94, deft by 5/25/94; cnsl convene attys' conf wk of 9/12/94. SETTLEMENT DATE; 09/19/94. (cc: all counsel) (MGS) (Entered: 07/30/1993)
56 ORDER by Honorable Leif B. Erickson that cnsl notify Crt w/n 10 days as to how they intend to proceed re pending mtns to dismiss & to suspend disc; & pltfs' cnsl shll inform Crt re pltff Gray's intent re his mtn to w/draw frm the class. (cc: all counsel) (MGS) (Entered: 07/30/1993)
57 RESPONSE by defendant to [56−1] (MGS) (Entered: 07/30/1993)
58 MOTION by plaintiff William H. Gray for leave to withdraw as party to this action. (MGS) (Entered: 08/05/1993)
59 MOTION to conditionally withdraw as attorney for plaintiffs, filed by atty Sheehy. (MGS) (Entered: 08/05/1993)
PROPOSED Notice of Class Cert'n submitted by all ptys (MGS) (Entered: 08/09/1993)
REMARK − file to LBE/L.Clk. (MGS) (Entered: 08/09/1993)
60 ORDER by Honorable Leif B. Erickson denying motion to dismiss [9−1], denying motion to suspend discovery [9−2] denying 2nd motion to dismiss [19−1] denying 3rd motion to dismiss [27−1] − all denied as moot. (cc: all counsel) (MGS) (Entered: 08/12/1993)
61 ORDER/NOTICE OF CLASS CERTIFICATION by Honorable Leif B. Erickson, on behalf of all persons similarly situated who have been housed as inmates in the Maximum Security Unit from 7/1/88 to date, and in the future. Cpys of this ntc shll be provided to ea inmate in Max at MSP and posted in conspicuous & public areas of ea housing unit at MSP and communal areas, during the pendency of this litigation & until further order of this Crt. (cc: all counsel) (MGS) (Entered: 09/28/1993)
62 ORDER by Honorable Leif B. Erickson consolidating this case for all pretrial purposes w/suits under Master File Docket CV 93−46−H−LBE; any pending motions in this case are held in abeyance until further order of this Crt. (cc: all counsel) (MGS) (Entered: 09/28/1993)
63 cpy of CASE MANAGEMENT ORDER NO. 1 by Honorable Leif B. Erickson, orig filed in CV 93−46−H−LBE. ATTACHMENT A AMENDED 1/14/94. (MGS) Modified on 01/18/1994 (Entered: 09/28/1993)
64 MOTION by plaintiffs for leave to file 5th amended complaint , w/Memo in Suppt. (MGS) Modified on 01/18/1994 (Entered: 01/18/1994)
65 REQUEST/MOTION by plaintiffs for status conference (MGS) Modified on 01/18/1994 (Entered: 01/10/1994)

Case: 6:92-cv-13 As of: 07/02/2020 08:21 AM MDT 14 of 34

01/14/1994
01/14/1994
01/27/1994 01/27/1994 01/27/1994 02/01/1994 02/02/1994 02/18/1994
03/28/1994 03/30/1994 03/30/1994 04/01/1994 04/15/1994
04/15/1994

65 FINDINGS OF FACT, CONCLUSIONS OF LAW & ORDER by Honorable Leif B. Erickson granting motion for leave to file 5th amended complaint [64−1] terminating party William H. Gray, party Donald Spotted Elk, party Steve Ritchson, party Jack McCormick, party John Does I−X, and substituting the parties set forth in heading of this Order; Clk shll so amnd caption of this case; action shll continue to be maintained as class action purs to Rules 23(a) & (b)(2) of FRCP; class is certified to consist of pltfs named herein & all other similarly situated MSP inmates currently @ MSP & Warm Sprngs expansion unit or who may be housed there in the future; Attchmnt A to CMO #1 shll be amnded to reflect new case caption; Clk shll sv cpys of 5th Amd Cmplnt on defts thru their cnsl Ohler & Keller, at cost of USA. Purs to Rule 23(d)(2), cnsl shll draft & submit for review w/n 10 days a stipulated notice of the cert of this class. (cc: all counsel w/amnded Attchmnt A) (MGS) (Entered: 01/18/1994)
67 AMENDED COMPLAINT [48−1], [5−1] by plaintiffs terminating plaintiff William H. Gray terminating plaintiff Donald Spotted Elk terminating plaintiff Steve Ritchson terminating defendant Jack McCormick terminating plaintiff John Does I−X adding Terry Langford, James Ball, James Peterschick, Jeff Delaphiano, Trueman Conrad, Anthel Brown, Dan Mason, Rudy Meissner, on behalf of themselves and all others presently incarcerated or who will in the future be incarcerated at the Montana State Prison, Marc Racicot, Rick Day, James "Mickey" Gamble, Mike Mahoney, MT ST Dept of Corrections. (MGS) Modified on 01/18/1994 (Entered: 01/18/1994)
68 MOTION by plaintiffs for attorneys Mark J. Lopez and Edward I. Koren to appear pro hac vice (MGS) (Entered: 02/16/1994)
69 DECLARATION OF MARK J. LOPEZ by plaintiffs re [68−1] (MGS) (Entered: 02/16/1994)
70 DECLARATION BY EDWARD I. KOREN filed by plaintiffs re [68−1] (MGS) (Entered: 02/16/1994)
71 ANSWER by defendants to [67−1] (MGS) (Entered: 02/16/1994)
72 ORDER by Mag Judge Leif B. Erickson granting motion for attorneys Mark J. Lopez and Edward I. Koren to appear pro hac vice [68−1] (cc: all counsel) (MGS) Modified on 02/16/1994 (Entered: 02/16/1994)
73 CASE MANAGEMENT ORDER NO. 1A by Mag Judge Leif B. Erickson adding cases listed on Attchmnt A to class action & consolidating all of said cases for PT proceedings & discovery, w/instructions re captions, separate filings, svc of documents, later filed cases & discovery. Discovery in all individual cases suspended pensing further Crt order. Pending mtns in individual cases held in abeyance until further Crt order; no mtn may be filed or renewed after this dt w/out lv of Crt. CASE STAYED pending further order of Crt. (cc: all counsel) (MGS) (Entered: 03/25/1994)
FINANCIAL ENTRY − PHV atty admission fees pd by ACLU on behalf of Edward I. Koren & Mark Lopez − Rec't #15456 in amt of $60.00. (MGS) (Entered: 03/29/1994)
74 PRELIMINARY PRETRIAL STATEMENT by defendants (MGS) (Entered: 04/07/1994)
75 PREDISCOVERY DISCLOSURE STATEMENT by defendants (MGS) (Entered: 04/07/1994)
76 PRELIMINARY PRETRIAL STATEMENT by plaintiffs (MGS) (Entered: 04/07/1994)
77 SCHEDULING ORDER Mag Judge Leif B. Erickson: Motion filing ddl: (to compel discovery) 12/9/94 ; pretrial order lodged by 1/25/95 ; final pretrial conference set for 2:00 2/8/95 ; non−jury trial 2/13/95 9:00 a.m. @ Butte, MT Motion filing: 12/30/94 Discovery due: 11/25/94 Status report: 10/11/94; pltfs i.d. expert witnesses by 8/25/94, defts by 9/26/94; attys' conf wk of 1/16/95; proposed Findings of Fact & Conclusions of Law filed by 2/3/95. SETTLEMENT DATE: 01/18/95. (cc: all counsel, USM, RPR, Clk in Butte) (MGS) (Entered: 04/18/1994)
78 ORDER by Mag Judge Leif B. Erickson appointing MARY ANN SUTTON case manager herein; case management ddl: cnsl shll attend managemnt conf set for 9:00 5/16/94 in Missoula. (cc: all counsel & USM) ) (MGS) (Entered: 04/18/1994)

Case: 6:92-cv-13 As of: 07/02/2020 08:21 AM MDT 15 of 34

04/18/1994 05/11/1994 05/11/1994 05/11/1994 05/11/1994 05/11/1994 06/02/1994 06/03/1994
06/03/1994 06/14/1994 06/20/1994 10/06/1994 10/28/1994 10/28/1994 10/28/1994
11/02/1994 11/03/1994
11/03/1994
11/15/1994

79 CASE MANAGER REPORT filed by case mgr Mary Ann Sutton. (cpys to all cnsl) (MGS) (Entered: 04/18/1994)
80 ATTORNEY APPEARANCE of Additional Counsel for defendants by Kimberly A. Kradolfer (MGS) (Entered: 05/17/1994)
REMARK − END OF FILE FOLDER #2. (MGS) (Entered: 05/17/1994)
81 PROOF/NOTICE OF SERVICE by defendants of responses to lst requests for production. (MGS) (Entered: 05/17/1994)
82 PROOF/NOTICE OF SERVICE by defendants of responses to lst set of interrogatories. (MGS) (Entered: 05/17/1994)
83 BRIEF FILED by defendants in support of their objections to pltfs' lst requests for production nos. 71−75. (MGS) (Entered: 05/17/1994)
84 CASE MANAGER REPORT NO. 2 filed by case mgr Mary Ann Sutton. (Cpys to cnsl as shown on report) (MGS) (Entered: 06/03/1994)
85 ORDER by Mag Judge Leif B. Erickson that pltfs may inspect inmate admn files, incl but not ltd to med and psychological files of former inmates at MSP who are non−class members for pd of 5 yrs bef class designation or to 1/14/89. (cc: all counsel) (MGS) (Entered: 06/06/1994)
86 CONFIDENTIALITY AND RECORDS PRESERVATION/PROTECTIVE ORDER by Mag Judge Leif B. Erickson : (cc: all counsel) (MGS) (Entered: 06/06/1994)
87 PROOF/NOTICE OF SERVICE by defendants of 2nd requsts for production of documents to pltf. (MGS) (Entered: 06/16/1994)
88 CASE MANAGER REPORT NO. 3, filed by Mary Ann Sutton. (cpys to all cnsl as shown on Report) (MGS) (Entered: 06/21/1994)
89 STATUS REPORT by plaintiffs Terry Langford et al. (MGS) (Entered: 10/24/1994)
90 NOTICE OF PROPOSED SETTLEMENT. (BAW) (Entered: 11/04/1994)
91 SETTLEMENT AGREEMENT (BAW) (Entered: 11/04/1994)
92 ORDER by Mag Judge Leif B. Erickson that the Settlement Agreement is approved preliminarily; FURTHER ORDERED that defts. shall distribute the Notice of Proposed Settlement Agreement to all members of the plf. class by posting it in each housing unit at the MT State Prison by October 31, 1994; 10 copies of the Settlement Agreement shall be maintained at the High and Low Side law libraries for review;in the Maximum Security housing unit, two copies of the Settlement Agreement shall be made available for review in each of the housing modules; objections shall be made in writing to the Clerk's office in Missoula; all objections must be received by 11/14/94; plf. counsel shall prepare and file w/the Court a written response to each objection received by the Clerk of 11/23/94; if necessary, a fairness hearing shall be held on 11/28/94 at 9:30AM in Missoula. (BAW) (Entered: 11/04/1994)
93 MOTION by plaintiff Terry Langford for order for telephonic scheduling conference (BAW) (Entered: 11/04/1994)
94 ORDER by Mag Judge Leif B. Erickson granting motion for order for telephonic scheduling conference [93−1] (cc: all counsel); set for 11/21/94 at 9:00AM; the court will initiate the phone call to any counsel who are unable to personally attend; counsel may either attend in person in Missoula or by telephone. (BAW) (Entered: 11/04/1994)
95 ORDER by Mag Judge Leif B. Erickson regarding [91−1] (cc: all counsel); Counsel for the Dept. of Justice may submit written comments regarding the terms of the Settlement Agreement by filing same w/the Clerk by 11/23/94; Clerk shall mail a copy of this order and copies of the order granting preliminary approval, the notice to class members, and the Settlement Agreement to Mr. Tim Payne, counsel for the Dept. of Justice. (BAW) (Entered: 11/04/1994)
96 MOTION by plaintiffs to amend order for telephonic scheduling conference (MGS) (Entered: 11/16/1994)

Case: 6:92-cv-13 As of: 07/02/2020 08:21 AM MDT 16 of 34

11/16/1994
11/18/1994
11/21/1994 11/21/1994 11/21/1994 11/22/1994
11/23/1994 11/23/1994 11/23/1994 11/28/1994 11/28/1994
11/29/1994 11/30/1994 11/30/1994 11/30/1994

97 ORDER by Mag Judge Leif B. Erickson granting motion to amend order for telephonic scheduling conference [96−1] − rescheduled to Friday, Nov. 18, 1994 @ 11:00 a.m. − Crt will initiate the tel. call to cnsl unable to attend personally; cnsl may attend in person in Mssla or by telephone. (cc: all counsel) (MGS) (Entered: 11/16/1994)
98 MINUTES: Scheduling conference held . Conference conducted by Case Manager, Mary Ann Sutton. Counsel Mark Lopez and Scott Wurster present for plaintiffs, Keith Keller, and David Ohler (by phone) present for dfts. Previous schedule vacated and new schedule set − Order to follow. C/R: Tammy Stuckey (KJH) (Entered: 11/28/1994)
99 Received by FAX, copy of MOTION by plaintiffs for writs of Habeas Corpus Ad Testificandum for Ricky Worden, Terry Langford and Steve Hardy for fairness hearing on 11/28/94 @ 9:30 a.m. (KJH) Modified on 11/28/1994 (Entered: 11/28/1994)
100 ORDER by Mag Judge Leif B. Erickson granting motion for writs of Habeas Corpus Ad Testificandum [99−1] (cc: all counsel) (KJH) (Entered: 11/28/1994)
WRITS OF HABEAS CORPUS AD TESTIFICANDUM issued for Terry Langford, Steve Hardy and Ricky Worden for Fairness Hearing on 11/28/94 @ 9:30 a.m. Mailes orig & 2 of Writs to USM Blgs w/USM 285 & cert cpys Order. Cpys of Order & Writs to Wurster, Ohler, & USM, Msla. (KJH) (Entered: 11/28/1994)
101 SCHEDULING ORDER Mag Judge Leif B. Erickson. Pltfs to file Amended Complaint on protective custody issue and preliminary pretrial disclosure statement by 12/7/94; final pretrial conference set for 9:30 3/1/95; non−jury trial set for 3/6/95 @ 9:00 a.m., Butte; Motion filing: Mtns/compel and Mtns/limine to be filed by 2/24/94 and all other mtns and parties pretrial statements to be filed by 2/6/95; Discovery due: 2/20/95; Settlement date is 2/27/95. (cc: all counsel) (KJH) (Entered: 11/28/1994)
RECEIVED original of pltfs' mtn/writs of habeas corpus. Placed in file as doc #99 (replaced FAX copy) (KJH) (Entered: 11/28/1994)
102 MOTION by plaintiffs for order approving Settlement Agreement (KJH) (Entered: 11/28/1994)
103 MEMORANDUM/BRIEF by plaintiffs in support of motion for order approving Settlement Agreement [102−1] (KJH) (Entered: 11/28/1994)
104 COMMENTS AND OBJECTIONS to proposed Settlement Agreement, filed by US Dept of Justice (KJH) (Entered: 11/28/1994)
105 MINUTES: Fairness hearing on proposed Settlement Agreement held before Mag Judge Leif B. Erickson. Attys Mark Lopez, Jeff Renz, Ed Sheehy and Scott Wurster present for pltfs, cnsl Keith Keller and David Ohler present for dfts. Inmates Terry Langford, Steve Hardy and Ricky Worden, and Bureau Wardens Mahoney and Beeson present. Comments and statements regarding the proposed Settlement Agreement presented by each counsel present, by inmates Langford, Hardy and Worden, and by Bureau Wardens Mahoney & Beeson. Matter deemed submitted & taken under advisement. Mtn by Mr. Lopez that if court rules to approve & accept settlement agreement, that compliance be applied retroactively to today's date was opposed and denied. Crt advises that it will consider issuing its ruling today with rationale to follow. C/R: Greg Frank (KJH) Modified on 12/28/1994 (Entered: 11/28/1994)
106 ORDER by Mag Judge Leif B. Erickson granting motion for order approving Settlement Agreement [102−1], and entering same purs to Rule 23(e) of F.R.Civ.P. (cc: all counsel, as shown on order) (MGS) (Entered: 11/29/1994)
107 RETURN OF SERVICE of writ HC ad Test. on Terry Langford 11/28/94 (MGS) (Entered: 12/07/1994)
108 RETURN OF SERVICE of writ of HC ad Test. on Steve Hardy 11/28/94 (MGS) (Entered: 12/07/1994)
109 RETURN OF SERVICE of writ of HC ad Test. on Ricky Worden 11/28/94 (MGS) (Entered: 12/07/1994)

Case: 6:92-cv-13 As of: 07/02/2020 08:21 AM MDT 17 of 34

12/09/1994 12/09/1994 12/09/1994 12/09/1994 12/22/1994 12/28/1994 01/18/1995 01/25/1995
01/26/1995 02/01/1995
02/08/1995
02/09/1995 03/30/1995 03/30/1995 03/30/1995 03/30/1995 04/03/1995 04/04/1995 04/06/1995
04/14/1995 04/17/1995
04/28/1995

110 PROTECTIVE CUSTODY AMENDMENTS TO FIFTH AMENDED COMPLAINT [67−1] by plaintiffs (MGS) (Entered: 12/12/1994)
111 PRELIMINARY PRETRIAL STATEMENT REGARDING PROTECTIVE CUSTODY ISSUES by plaintiffs (MGS) (Entered: 12/12/1994)
112 SUPPLEMENTAL PREDISCOVERY DISCLOSURE STATEMENT by plaintiffs (MGS) (Entered: 12/12/1994)
REMARK − END OF FILE FOLDER #3. (MGS) (Entered: 01/30/1995)
113 ANSWER by defendants to protective custody amndmnts to 5th amd cmplnt [110−1] (MGS) (Entered: 12/28/1994)
FILE DELIVERED to LBE/L.Clk − returned to clerk's ofc to hold. (MGS) Modified on 01/30/1995 (Entered: 12/28/1994)
114 PROOF/NOTICE OF SERVICE by plaintiffs Terry Langford et al. of discovery responses (MGS) (Entered: 01/25/1995)
115 RATIONALE IN SUPPORT OF ORDER APPROVING SETTLEMENT AGREEMENT 106 : by Mag Judge Leif B. Erickson (cc: all counsel) (MGS) (Entered: 01/31/1995)
116 ORDER by Mag Judge Leif B. Erickson ; vacating pretrial schedule & trial date until further order. (cc: all counsel) (MGS) (Entered: 01/31/1995)
117 ORDER by Mag Judge Leif B. Erickson denying inmate Doriel Sor−Lokken's motions filed 11/15/94 in CV 93−46−H−LBE (for ext of time to object to settlement and for misjoiner & exclusion of him as a member of the class action). (cc: all counsel) (MGS) (Entered: 02/09/1995)
119 REPORT AND NOTICE TO THE COURT by defendants concerning Court's Rationale in support of order approving settlement agreement 115 (MGS) (Entered: 02/14/1995)
118 PROOF/NOTICE OF SERVICE by plaintiffs Terry Langford et al. of 2nd Interrogs & Requests for Production (MGS) (Entered: 02/09/1995)
120 MOTION by plaintiffs Terry Langford, et al. for attorney fees & expenses (MGS) (Entered: 03/31/1995)
121 MEMORANDUM/BRIEF by plaintiffs in support of motion for attorney fees & expenses [120−1] (MGS) (Entered: 03/31/1995)
EXHIBITS in support of mtn for atty fees & expenses − in separate brown expando folder. (MGS) (Entered: 03/31/1995)
PROPOSED Order submitted by plaintiffs approving attys fees. (MGS) (Entered: 03/31/1995)
FILE DELIVERED to LBE/L.Clk w/exhibits to mtn for atty fees. (MGS) (Entered: 04/03/1995)
122 MOTION by defendants to extend time to respond to 120 (MGS) (Entered: 04/06/1995)
123 ORDER by Mag Judge Leif B. Erickson granting motion to extend time to respond to 120 [122−1]; Pltfs have to April 14, 1995 to file brf in answer to the mtn. (cc: all counsel) (MGS) (Entered: 04/06/1995)
124 MOTION by defendants to extend time to respond to mtn for attys fees (MGS) (Entered: 04/18/1995)
125 ORDER by Mag Judge Leif B. Erickson granting motion to extend time to respond to mtn for attys fees [124−1], Defts haave to April 28, 1995 to file same. (cc: all counsel) (MGS) (Entered: 04/18/1995)
126 RESPONSE by defendants to motion for attorney fees & expenses [120−1] (MGS) (Entered: 05/10/1995)

Case: 6:92-cv-13 As of: 07/02/2020 08:21 AM MDT 18 of 34

04/28/1995 04/28/1995 04/28/1995 05/22/1995 05/22/1995
05/22/1995 05/22/1995
05/30/1995 06/09/1995
06/15/1995
06/30/1995
07/18/1995 07/18/1995 07/24/1995 07/25/1995 07/27/1995 07/27/1995

127 AFFIDAVIT of Keith Keller re [126−1] (MGS) (Entered: 05/10/1995)
128 AFFIDAVIT of David Ohler re [126−1] (MGS) (Entered: 05/10/1995)
129 AFFIDAVIT of Sally Johnson re [126−1] (MGS) (Entered: 05/10/1995)
130 MOTION by plaintiffs to extend time to file reply brief (MGS) (Entered: 05/30/1995)
131 ORDER by Mag Judge Leif B. Erickson granting motion to extend time to file reply brief on issue of attys' fees [130−1] − pltfs haave to May 30, 1995. (cc: all counsel) (MGS) (Entered: 05/30/1995)
132 MOTION by plaintiffs for oral argument on issue of attys' fees (MGS) (Entered: 05/30/1995)
133 ORDER by Mag Judge Leif B. Erickson granting motion for oral argument on issue of attys' fees [132−1] ; in−court hearing set for 9:30 6/9/95 at Missoula. (cc: all counsel) (MGS) (Entered: 05/30/1995)
134 REPLY by plaintiffs to response to motion for attorney fees expenses [120−1] file delivered to: LBE/L.Clk (MGS) (Entered: 05/30/1995)
135 MINUTES: vacating hearing re motion for attorney fees & expenses [120−1]; cnsl Lopez, Sheehy and Keller present and advise court they wish to make further attempts to resolve motion for attorney fees and expenses without hearing. Telephone status conference set for 10:00 6/27/95 before Mag Judge Leif B. Erickson , crt to initiate call. Following discussion re partial payment in advance, over objection of dft cnsl, crt orders $100,000.00 advance. Cnsl Lopez to prepare Order. C/R: Tammy Stuckey (KJH) Modified on 06/12/1995 (Entered: 06/12/1995)
136 ORDER by Mag Judge Leif B. Erickson that w/n 30 days Defts shll pay to attys for Pltfs the sum of $100,000.00 in partial pymnt agnst total amnt due; this shll be a credit agnst the final amnt attys' fees & cost yet to be decided. Further Ordered that tel conf 6/27/95 @ 10:00 a.m. be initiated by the Crt to discuss status of attys' fees in dispute. (cc: all counsel) (MGS) (Entered: 06/15/1995)
137 ORDER by Mag Judge Leif B. Erickson ; in−court hearing set for 10:00 7/27/95 @ Mssla on matter of Pltfs' atty fee request. (cc: all counsel, USM, RPR) (MGS) (Entered: 07/07/1995)
138 MOTION by plaintiffs for attorney Hamid R. Kashani to appear pro hac vice (MGS) (Entered: 07/19/1995)
139 DECLARATION of Hamid R. Kashani re [138−1] − cpy to M.A. w/cpy motion. (MGS) (Entered: 07/19/1995)
140 ORDER by Mag Judge Leif B. Erickson granting motion for attorney Hamid R. Kashani to appear pro hac vice [138−1] (cc: all counsel) (MGS) (Entered: 07/24/1995)
141 PROOF/NOTICE OF SERVICE by defendants of responses to interrogs & requests/production (MGS) (Entered: 07/26/1995)
FILING FEE PAID: on 7/27/95 in the amount of $ 30.00, receipt # 16250 − HAMID KASHANI PHV adm fee. (MGS) (Entered: 07/27/1995)
142 MINUTES: before Mag Judge Leif B. Erickson; Cnsl Hamid R. Kashani, Mark J. Lopez, Edmund F. Sheehy and Scott C. Wurster present for plaintiffs, and P. Keith Keller and David L. Ohler present for defendants, for evidentiary hearing on plaintiffs' motion for attorney fees and expenses [120−1]; Prior to hearing, dft cnsl stipulates that plaintiffs prevailed in this case and are entitled to recover a fee and further stipulates that the rates charged by cnsl are appropriate for their market areas. Parties are in dispute as to which attorney fee market should prevail and the degree of success achieved by plaintiffs in this case. Defendants do not contest the number of hours charged and the only expense in dispute is that regarding Mr. Crichton's paralegal fees. Dft cnsl states that witnesses whose Afdts are on file would testify in accordance with those Afdts. Parties stipulate that court take judicial notice of court records in this and associated cases. Pltf introduces exhibits 1 thru 12 and dft cnsl states objs to exhibits 2,4,5,6,7,9 and 12; Crt admits exhibits 1,3,8,10 and 11 without objection. Pltf offers exhibits 4 thru 7 and crt admits same over objection. Dfts' motion to file answers to

Case: 6:92-cv-13 As of: 07/02/2020 08:21 AM MDT 19 of 34

07/27/1995 07/27/1995 08/18/1995 09/01/1995 09/05/1995
09/05/1995 09/14/1995 09/15/1995 09/20/1995 09/20/1995 09/26/1995 09/26/1995 09/26/1995 09/28/1995 10/04/1995 10/05/1995 10/23/1995 10/23/1995 10/23/1995 10/23/1995 10/23/1995

Interrogatories granted. Pltf exhibit 12 withdrawn.Edmund F. Sheehy and Scott Crichton s/e for plaintiffs. Exhibit 9 admitted over objection for limited purpose of showing efforts made by Mr. Crichton to obtain counsel. Mark Joseph Lopez s/e for pltf & pltf motion to exclude witnesses granted. Scott C. Wurster s/e for plaintiffs. Motion to supplement plaintiff's claim to add travel claims of atty Wurster granted. Plaintiff rests. Mike Mahoney s/e (over objection) for dfts and dfts rest. Plaintiffs' motion to file deposition of Sally Johnson as rebuttal testimony granted. Plaintiff exhibit 2 admitted over objection for limited purposes. No surrebuttal. Plaintiffs' motion for copies of transcript w/o charge heard. Court will order copy for each party. Parties to submit simultaneous briefs 20 days after receipt of transcript and responses 15 days thereafter. C/R: Tammy Stuckey (KJH) (Entered: 08/10/1995)
143 DEPOSITION of Sally Johnson taken on the following date(s): 7/25/95 at Helena, MT by plaintiffs (KJH) (Entered: 08/16/1995)
144 RESPONSE TO INTERROGATORIES AND REQUESTS FOR PRODUCTION by defendants (SEALED) (Entered: 08/17/1995)
145 TRANSCRIPT filed of proceedings of 7/27/95. (KJH) (Entered: 08/18/1995)
146 MOTION by defendants to extend time to file proposed findings (MGS) (Entered: 09/08/1995)
147 ORDER by Mag Judge Leif B. Erickson granting motion to extend time to file proposed findings [146−1] − simultaneous findings due September 15, 1995, simultaneous replies October 2, 1995. (cc: all counsel) (MGS) (Entered: 09/08/1995)
REMARK − END OF FILE FOLDER #4. (MGS) (Entered: 09/18/1995)
148 PROPOSED Findings of Fact & Conclusions of Law re Attys' Fees, submitted by defendants (MGS) Modified on 09/18/1995 (Entered: 09/18/1995)
149 MOTION by plaintiffs to extend time to submit proposed findings − cpy w/proposed Order to LBE (MGS) (Entered: 09/18/1995)
150 AFFIDAVIT of Scott C. Wurster, in support of proposed findings of fact to be filed by pltfs by atty Kashani (MGS) (Entered: 09/25/1995)
151 ORDER by Mag Judge Leif B. Erickson granting motion to extend time to submit proposed findings [149−1], to 9/22/95. (cc: all counsel) (MGS) (Entered: 09/25/1995)
152 MOTION by plaintiffs for leave to file post−hrg docs instanter − cpy w/proposed order to LBE. (MGS) (Entered: 09/28/1995)
153 POST−HEARING BRIEF by plaintiffs in support of motion for attorney fees & expenses [120−1] (MGS) (Entered: 09/28/1995)
154 PROPOSED Findings of Fact & Conclusions of Law submitted by plaintiffs (MGS) Modified on 09/28/1995 (Entered: 09/28/1995)
155 ORDER by Mag Judge Leif B. Erickson granting motion for leave to file post−hrg docs instanter [152−1] (cc: all counsel) (MGS) (Entered: 09/28/1995)
156 MOTION by defendants to extend time to file reply brfs (MGS) (Entered: 10/11/1995)
157 ORDER by Mag Judge Leif B. Erickson granting motion to extend time to file reply brfs [156−1], ptys hv to 10/23/95. (cc: all counsel) (MGS) (Entered: 10/11/1995)
158 SUPPLEMENTAL FEE PETITION by plaintiffs (MGS) (Entered: 10/24/1995)
159 MEMORANDUM/BRIEF by plaintiffs in support of [158−1] (MGS) (Entered: 10/24/1995)
160 Plaintiffs' EXHIBITS in support of 158 (MGS) (Entered: 10/24/1995)
161 RESPONSE by plaintiffs to defts' proposed findings of fact and conclusions of law [148−0] (MGS) (Entered: 10/24/1995)
162 REPLY BRIEF by defendants re [153−1] (MGS) (Entered: 10/24/1995)

Case: 6:92-cv-13 As of: 07/02/2020 08:21 AM MDT 20 of 34

10/24/1995 10/27/1995 10/27/1995 10/27/1995 10/27/1995 11/06/1995 11/07/1995 11/09/1995
11/27/1995 11/29/1995 11/29/1995 11/30/1995 12/11/1995
12/11/1995
12/18/1995 01/05/1996
01/05/1996 01/11/1996 01/18/1996
01/18/1996 01/18/1996 01/18/1996 01/18/1996

REMARK − END OF FILE FOLDER #5. (MGS) (Entered: 12/12/1995)
163 SUPPLEMENTAL MOTION by plaintiffs Terry Langford et al. for attorney fees and expenses (MGS) (Entered: 10/27/1995)
164 EXHIBITS in support of 163 (MGS) (Entered: 10/27/1995)
PROPOSED Order re 163 submitted by plaintiffs (MGS) (Entered: 10/27/1995)
165 AFFIDAVIT of Edmund F. Sheehy, Jr. re [163−1] (MGS) (Entered: 10/30/1995)
166 AFFIDAVIT of Scott C. Wurster re [158−1] (MGS) (Entered: 11/08/1995)
167 RESPONSE by defendants to motion for attorney fees and expenses [163−1] & objections to 158 (MGS) (Entered: 11/08/1995)
168 ORDER by Mag Judge Leif B. Erickson granting motion for attorney fees and expenses; Pltfs are entitled to attys fees, costs & expenses, in add'n to the advance of $100,000 previously ordered, in total amnt of $232,131.44. [163−1] (cc: all counsel) (MGS) (Entered: 12/12/1995)
169 REPLY by plaintiffs to defts' memo objecting to supple mtns for attys fees. (MGS) (Entered: 12/12/1995)
170 MOTION by plaintiffs for judgment (MGS) (Entered: 12/12/1995)
**missing text** (MGS) (Entered: 12/12/1995)
171 revised MOTION by plaintiffs for partial judgment on attys fees , w/proposed Order. (MGS) (Entered: 12/12/1995)
172 ORDER by Mag Judge Leif B. Erickson granting motion for partial judgment on attys fees [171−1], Clk shll enter partial jgmnt in favor of Pltfs for atty fees per Order of 11/9/95. (motion for judgment [170−1] is moot) (cc: all counsel) (MGS) (Entered: 12/12/1995)
173 PARTIAL JUDGMENT: entered in favor of Pltfs & agnst Defts for atty fees in sum of $232,131.44. J/O Book in Hlna, Vol. 18, Page 465. (cc: all counsel, cert to Hlna) (MGS) Modified on 12/13/1995 (Entered: 12/12/1995)
174 NOTICE OF ATTORNEYS LIEN filed by Ogle & Worm (MGS) (Entered: 12/20/1995)
175 NOTICE OF APPEAL by defendants from Dist. Court decision [173−1] Fee Status/Amount : paid $105.00 Receipt # 8284 @ Helena; & w/attached REPRESENTATION STATEMENT as required by FRAP 12(b). (MGS) (Entered: 01/18/1996)
176 CIVIL APPEALS DOCKETING STATEMENT by defendants filed (cc: 9th Circuit Court) (MGS) (Entered: 01/18/1996)
182 TRANSCRIPT Order filed by defts/appellants for dates: July 27, 1995 regarding [175−1]; on file as transcript [145−1] (MGS) (Entered: 01/26/1996)
NOTIFICATION form sent to Circuit [175−1] w/cert cpys Not/Appeal, Judgmnt & Order appealed from, Rep Stmt, CADS & docket sheets; cpys Not/Appeal & docket sheets to all cnsl w/USCA memos; Form CA9−036 to atty Keller. (MGS) (Entered: 01/18/1996)
177 NOTICE OF CROSS−APPEAL by plaintiffs from Dist. Court decision [173−1] & 168 Fee Status/Amount : IFP (MGS) (Entered: 01/19/1996)
178 REPRESENTATION STATEMENT by plaintiffs as required by FRAP 12(b). (MGS) (Entered: 01/19/1996)
179 CIVIL APPEALS DOCKETING STATEMENT by plaintiffs in 6:92−cv−00013 filed (cc: 9th Circuit Court) (MGS) (Entered: 01/19/1996)
180 PROOF/NOTICE OF SERVICE by plaintiffs in 6:92−cv−00013 of CADS (MGS) (Entered: 01/19/1996)

Case: 6:92-cv-13 As of: 07/02/2020 08:21 AM MDT 21 of 34

01/18/1996 01/18/1996 01/19/1996
01/23/1996 01/29/1996 02/06/1996 02/06/1996 02/06/1996 02/06/1996 02/06/1996
03/27/1996 03/27/1996 04/23/1996 04/25/1996 04/29/1996
04/29/1996 09/05/1996 09/10/1996 09/13/1996 09/13/1996

181 MOTION by plaintiffs for certification of transcript (MGS) (Entered: 01/19/1996)
PROPOSED Order granting 181 submitted by plaintiffs; to LBE w/cpy of motion. (MGS) (Entered: 01/19/1996)
NOTIFICATION form sent to Circuit [177−1] re cross−appeal, w/cert cpys of Not/Cross−Appeal, Orders appealed from, Orders 7 & 20 , CADS, Rep Stmt & docket sheets; cpys Not/Cross−Appeal & docket sheets to all counsel; Form CJA−24 to atty Kashani. (MGS) Modified on 01/26/1996 (Entered: 01/19/1996)
183 ORDER by Mag Judge Leif B. Erickson granting motion for certification of transcript [181−1] (cc: all counsel) (MGS) (Entered: 01/26/1996)
184 TRANSCRIPT of proceedings for the following date(s): July 27, 1995 held in Missoula on issue of fees (Re: [175−1] ) (MGS) (Entered: 01/30/1996)
185 TRANSCRIPT DESIGNATION and Ordering Form for dates: 06/09/95 & 07/27/95 regarding [175−1], transcript [184−1] filed for 07/27/95. (MGS) (Entered: 02/09/1996)
NOTIFICATION by Circuit Court of Appellate Docket Number 96−35087 (defts' appeal) (MGS) (Entered: 02/15/1996)
NOTIFICATION by Circuit Court of Appellate Docket Number 96−35088 (pltfs' appeal) (MGS) (Entered: 02/15/1996)
186 TIME SCHEDULE ORDER from USCA, filed 1/25/96 in 96−35087: Trans Order Form: 2/5/96; RPR file Trans: 3/6/96; Appellant's brief: 4/22/96; Appellee's brief: 5/22/96; Appellant's reply: w/n 14 days. (MGS) (Entered: 02/15/1996)
187 TIME SCHEDULE ORDER from USCA, filed 1/25/96 in BOTH 96−35087 & 96−35088: Trans Order Form: 2/26/96; RPR file Trans: 3/26/96; First brief on cross−appeal : 4/22/96; Second brief on cross−appeal: 6/3/96; Third brief on cross−appeal: 7/3/96; any reply brief on cross−appeal: w/n 14 days of svc of 3rd brf. THIS ORDER VACATES PREVIOUS TIME SCHED ORDER AS TO BRIEFS, NOT AS TO RPR TRANSCRIPTS. (MGS) (Entered: 02/15/1996)
188 TRANSCRIPT of proceedings for the following date(s): June 9, 1995 held in Missoula on issue of attys' fees (Re: [175−1] (MGS) (Entered: 04/02/1996)
189 CERTIFICATE of Record Transmitted to USCA (MGS) (Entered: 04/02/1996)
190 STIPULATION that all claims for attys' fees and costs and expenses thru 3/31/96 have been settled; and ORDER dismissing said claims. (MGS) (Entered: 04/23/1996)
191 MOTION by plaintiffs for attorney Eric G. Balaban to appear pro hac vice , for attorney Margaret Winter to appear pro hac vice , w/attached Declarations by each. Cpy to LBE w/proposed Order. (MGS) (Entered: 04/29/1996)
192 ORDER by Mag Judge Leif B. Erickson granting motion for attorney Eric G. Balaban to appear pro hac vice [191−1], granting motion for attorney Margaret Winter to appear pro hac vice [191−2] (cc: all counsel; Balaban & Winter's cpys snt to atty Sheehy w/request for their addresses and for payment of $30.00 each) (MGS) (Entered: 04/29/1996)
193 MANDATE from Circuit Court of Appeals dismissing the appeal [175−1], and dismissing the cross−appeal [177−1] − parties shll bear their own costs and attys' fees on appeal. (MGS) (Entered: 04/30/1996)
194 ORDER by Mag Judge Leif B. Erickson that counsel file status reports w/n 20 days of receipt of this order ; case management ddl set for 9/20/96 (cc: all counsel) (MGS) (Entered: 09/11/1996)
195 STATUS REPORT by defendants (MGS) (Entered: 09/18/1996)
196 JOINT STIPULATION REGARDING MEDICAL CARE (MGS) (Entered: 09/18/1996)
197 JOINT MOTION by defendants, plaintiffs to approve stipulation re medical care (MGS) (Entered: 09/18/1996)

Case: 6:92-cv-13 As of: 07/02/2020 08:21 AM MDT 22 of 34

09/13/1996 09/18/1996 09/18/1996 09/20/1996 09/26/1996
06/25/1997 07/24/1997 07/24/1997 07/28/1997 08/01/1997
08/07/1997 08/08/1997 08/11/1997
08/11/1997 08/15/1997 08/15/1997 08/15/1997 08/20/1997 08/20/1997
08/28/1997 09/02/1997
09/02/1997 09/12/1997

PROPOSED Order and Notice to members of class of stipulation re medical care. (MGS) (Entered: 09/18/1996)
FILE #6 DELIVERED to LBE/LC (MGS) (Entered: 09/18/1996)
REMARK − END OF FILE FOLDER NO. 6 (MGS) (Entered: 10/08/1996)
198 STATUS REPORT by plaintiffs (MGS) (Entered: 09/20/1996)
199 ORDER by Mag Judge Leif B. Erickson granting motion to approve stipulation re medical care [197−1], Stipulation is approved and entered as an Order of the Court. FURTHER, defts shll post cpys of annexed Ntc to Members of the Pltfs Class of Stipulation Re Medical Care in ea housing area @ MSP and the Warm Springs Expansion Unit, to each prisoner housed in MAX Unit @ MSP, and deposit cpys in the High and Low Side libraries for review by the pltf class @ MSP; & defts shll post cpy of the Settlement Agreement in the housing areas @ Warm Springs Expansion Unit. (cc: all counsel) (MGS) (Entered: 10/08/1996)
200 MOTION by defendants to dismiss portions of complaint in accord w/settlmnt agreement (MGS) (Entered: 06/27/1997)
201 second MOTION by defendants to dismiss partial supervision of Settlement Agreement (MGS) (Entered: 07/28/1997)
202 MEMORANDUM/BRIEF by defendants in support of motion to dismiss partial supervision of Settlement Agreement [201−1] (MGS) (Entered: 07/28/1997)
FILE #7 DELIVERED to MAS (MGS) (Entered: 07/28/1997)
203 ORDER by Mag Judge Leif B. Erickson granting motion to dismiss portions of complaint in accord w/settlmnt agreement [200−1] (cc: all counsel) (MGS) Modified on 08/08/1997 (Entered: 08/04/1997)
204 MOTION by plaintiffs to extend time to respond to second motion to dismiss portions of complaint 201 − w/proposed Order. (MGS) (Entered: 08/08/1997)
FILE #7 DELIVERED to LBE (MGS) (Entered: 08/08/1997)
205 ORDER by Mag Judge Leif B. Erickson granting motion to extend time to respond to second motion to dismiss portions of complaint 201 [204−1], regarding [201−1]; pltfs have to 8/15/97. (cc: all counsel) (MGS) (Entered: 08/11/1997)
MINUTES: case management ddl set for 8/15/97 (MGS) (Entered: 08/11/1997)
206 RESPONSE by plaintiffs to second motion to dismiss partial supervision of Settlement Agreement [201−1] (MGS) (Entered: 08/20/1997)
207 MOTION by plaintiffs to extend time to respond to [201 re medical & dental provisions − w/proposed Order. (MGS) (Entered: 08/20/1997)
MINUTES: case management ddl satisfied on 8/15/97 (MGS) (Entered: 08/20/1997)
FILE #7 DELIVERED to LBE for motion 207 (MGS) (Entered: 08/20/1997)
208 ORDER by Mag Judge Leif B. Erickson granting motion to extend time to respond to 201 re medical & dental provisions [207−1], regarding [201−1], due by 8/29/97 ; case management ddl set for 8/29/97 (cc: all counsel) (MGS) (Entered: 08/21/1997)
209 MOTION by plaintiffs to extend time to respond to mtn/dismiss (MGS) (Entered: 09/03/1997)
210 ORDER by Mag Judge Leif B. Erickson granting motion to extend time to file response to mtn/dismiss [209−1], pltfs have to 9/12/97. (cc: all counsel) (MGS) (Entered: 09/03/1997)
MINUTES: ; case management ddl set for 9/12/97 (MGS) (Entered: 09/10/1997)
211 MOTION by plaintiff Terry Langford to extend to 9/26/97 time to respond to dfts' motion to dismiss portions of complaint related to medical provisions [200−1], [201−1] (KJH) Modified on 09/15/1997 (Entered: 09/15/1997)

Case: 6:92-cv-13 As of: 07/02/2020 08:21 AM MDT 23 of 34

09/12/1997 09/12/1997 09/18/1997
09/26/1997 09/26/1997 09/29/1997
10/10/1997 10/15/1997
10/29/1997 10/29/1997 10/30/1997
11/20/1997 11/21/1997 11/24/1997
12/12/1997 12/15/1997 12/15/1997
02/02/1998 02/02/1998 02/02/1998 02/02/1998 02/09/1998

PROPOSED Order granting extension of time to respond to dfts' Motion to Dismiss submitted by plaintiff Terry Langford (KJH) (Entered: 09/15/1997)
REMARK − copy of motion to extend and original of proposed order delivered to LBE chambers (KJH) (Entered: 09/15/1997)
212 ORDER by Mag Judge Leif B. Erickson granting motion to extend to 9/26/97 time to respond to dfts' motion to dismiss portions of complaint related to medical provisions [200−1], [211−1], case management ddl set for 9/26/97 (cc: all counsel) (MGS) (Entered: 09/18/1997)
213 MOTION by plaintiffs to extend time to respond to mtn/dismiss − w/proposed Order. (MGS) (Entered: 09/26/1997)
FILE #7 DELIVERED to LBE (MGS) (Entered: 09/26/1997)
214 ORDER by Mag Judge Leif B. Erickson granting motion to extend time to respond to mtn/dismiss [213−1], response due by 10/10/97. (cc: all counsel) (MGS) (Entered: 09/29/1997)
215 MOTION by plaintiffs Langford et al. to extend time to answer re med provisions − cpy w/proposed Order to LBE (MGS) (Entered: 10/14/1997)
216 ORDER by Mag Judge Leif B. Erickson granting motion to extend time to answer re med provisions [215−1], pltfs hv to 10/31/97. (cc: all counsel) (MGS) (Entered: 10/15/1997)
217 MOTION by plaintiffs to extend time to Answer − w/proposed Order. (MGS) (Entered: 10/29/1997)
FILE DELIVERED to LBE (MGS) (Entered: 10/29/1997)
218 ORDER by Mag Judge Leif B. Erickson granting motion to extend time to Answer [217−1] ; case management ddl set for 11/21/97 for pltfs to file same. (cc: all counsel) (MGS) (Entered: 10/31/1997)
219 MOTION by plaintiffs to extend time to resp to mtn/dismiss portions of cmp re medical and dental claims − w/proposed Order (MGS) (Entered: 11/21/1997)
FILE DELIVERED to LBE (MGS) (Entered: 11/21/1997)
220 ORDER by Mag Judge Leif B. Erickson granting motion to extend time to resp to mtn/dismiss portions of cmp re medical and dental claims [219−1] ; case management ddl set for 12/12/97 for filing of same. (cc: all counsel) (MGS) (Entered: 11/24/1997)
221 MOTION by plaintiffs to extend time to respond to med & dental claims in complaint − w/proposed Order. (MGS) (Entered: 12/15/1997)
FILE DELIVERED to LBE (MGS) (Entered: 12/15/1997)
222 ORDER by Mag Judge Leif B. Erickson granting motion to extend time to respond to med & dental claims in complaint [221−1] ; case management ddl set for 12/26/97 for pltfs to file same. (cc: all counsel) (MGS) (Entered: 12/15/1997)
223 SECOND JOINT STIPULATION BY ALL regarding medical care (MGS) (Entered: 02/02/1998)
224 JOINT MOTION for order approving stipulation re medical care − w/proposed Order (MGS) (Entered: 02/02/1998)
FILE #7 DELIVERED to LBE (MGS) (Entered: 02/02/1998)
MINUTES: finding the motion to dismiss partial supervision of Settlement Agreement [201−1] moot. before Mag Judge Leif B. Erickson (CAD) (Entered: 04/10/1998)
225 ORDER by Mag Judge Leif B. Erickson granting stipulation [223−1] granting motion for order approving stipulation re medical care [224−1]; Further, defts shll post cpys of annexed Notice to members of the class at the locations set out in this order. (cc: all counsel) (MGS) (Entered: 02/20/1998)

Case: 6:92-cv-13 As of: 07/02/2020 08:21 AM MDT 24 of 34

04/02/1998 10/09/1998 10/09/1998 10/09/1998 10/09/1998 10/20/1998 10/21/1998 10/22/1998
11/06/1998 11/07/1998 11/08/1998
11/18/1998 11/18/1998 11/19/1998
12/03/1998 12/03/1998 12/03/1998 12/07/1998 12/07/1998 12/08/1998
12/15/1998 12/15/1998 01/05/1999 01/05/1999 01/19/1999

226 NOTICE of change of address of atty Scott Worster (cpy to atty data clk) (MGS) (Entered: 04/03/1998)
227 MOTION by plaintiffs entitled Second Supplemental Motion for reasonable attorney's fees and expenses (MGS) (Entered: 10/09/1998)
228 MEMORANDUM/BRIEF by plaintiffs in support of motion for reasonable attorney's fees and expenses [227−1] (MGS) (Entered: 10/09/1998)
229 DECLARATION of Eric G. Balaban re [227−1] − bulky exhibits to this are in separate brown expando folder. (MGS) (Entered: 10/09/1998)
PROPOSED Order granting 227 submitted by plaintiffs − to LBE/L.Clk w/cpys of mtn and supporting docs. (MGS) (Entered: 10/09/1998)
230 MOTION by defendants to extend time to respond to mtn for attys fees − unopposed, & w/proposed Order. (MGS) (Entered: 10/21/1998)
FILE DELIVERED to LBE for (MGS) (Entered: 10/21/1998)
231 ORDER by Mag Judge Leif B. Erickson granting motion to extend time to respond to mtn for attys fees [230−1], regarding [227−1]; defts hv l4 add'l days. (cc: all counsel) (MGS) (Entered: 10/22/1998)
232 DECLARATION of Scott C. Wurster re [227−1] (MGS) (Entered: 11/09/1998)
REMARK − END OF FILE FOLDER #7. ...................... (MGS) (Entered: 11/18/1998)
233 RESPONSE by defendant MT ST Dept Corr, defendant Mike Mahoney, defendant James "Mickey" Gamble, defendant Rick Day, defendant Marc Racicot to motion for reasonable attorney's fees and expenses [227−1] (MCN) (Entered: 11/12/1998)
234 MOTION by plaintiffs to extend time to file reply brief − unopposed & w/proposed Order. (MGS) (Entered: 11/18/1998)
FILE #8 DELIVERED to LBE (MGS) (Entered: 11/18/1998)
235 ORDER by Mag Judge Leif B. Erickson granting motion to extend time to file reply brief [234−1], pltfs have to 12/3/98 to file same. (cc: all counsel) (MGS) (Entered: 11/19/1998)
236 AFFIDAVIT of Scott C. Wurster re [227−1] (MGS) (Entered: 12/03/1998)
237 MOTION by plaintiffs to extend time to file reply brief − unopposed and w/proposed Order. (MGS) (Entered: 12/03/1998)
FILE #8 DELIVERED to LBE (MGS) (Entered: 12/03/1998)
238 REPLY by plaintiffs to response to motion for reasonable attorney's fees and expenses [227−1] file delivered to: LBE (MGS) (Entered: 12/07/1998)
239 AFFIDAVIT of Eric Balaban re [238−1] (MGS) (Entered: 12/07/1998)
240 ORDER by Mag Judge Leif B. Erickson granting motion to extend time to file reply brief [237−1], pltfs hv to 12/7/98 to file same. (cc: all counsel) (MGS) (Entered: 12/08/1998)
241 Third MOTION by defendants to dismiss partial supervision of settlement agreement (medical, dental and mental health provisions) (MGS) (Entered: 12/16/1998)
242 MEMORANDUM/BRIEF by defendants in support of motion to dismiss [241−1] (MGS) (Entered: 12/16/1998)
243 RESPONSE by plaintiffs to motion to dismiss [241−1] (MGS) (Entered: 01/06/1999)
244 DECLARATION of Eric G. Balaban in support of [243−1] (MGS) (Entered: 01/06/1999)
245 REPLY by defendants to response to third motion to dismiss partial supervision of settlement agreement [241−1] file delivered to: LBE (MGS) (Entered: 01/21/1999)

Case: 6:92-cv-13 As of: 07/02/2020 08:21 AM MDT 25 of 34

01/27/1999
02/16/1999 03/03/1999
03/05/1999 03/05/1999 03/22/1999 03/22/1999 03/24/1999 03/24/1999 03/25/1999 05/07/1999 05/08/1999 07/06/1999
07/29/1999 08/06/1999
08/12/1999 09/07/1999 09/09/1999
09/09/1999

246 ORDER by Mag Judge Leif B. Erickson granting motion to dismiss the complaint as to all claims except the claim as to TB screening; and staying the motion to dismiss [241−1] as to that claim to 2/12/99 pending rec't of documentation re CDC guidelines & protocol followed by defts. (cc: all counsel) (MGS) (Entered: 01/27/1999)
247 STATUS REPORT by defendants re Tuberculosis Testing − cpy to MAS (MGS) (Entered: 03/25/1999)
248 ORDER by Mag Judge Leif B. Erickson that pltffs have to 3/19/99 to file any objection they have to dismissal of this matter re TB testing under the terms of the Settlement Agreement. (cc: all counsel) (MGS) Modified on 03/25/1999 (Entered: 03/03/1999)
249 RESPONSE by plaintiffs to Status Report [247−1] (MGS) (Entered: 03/25/1999)
250 DECLARATION of Eric Balaban in support of [249−1] (MGS) (Entered: 03/25/1999)
251 ATTORNEY APPEARANCE for plaintiff by Elizabeth H. Brenneman of ACLU in Billings MT (MGS) Modified on 03/25/1999 (Entered: 03/25/1999)
252 DECLARATION of Elizabeth H. Brenneman re 251 (MGS) Modified on 03/25/1999 (Entered: 03/25/1999)
253 REPLY by defendants to pltffs' Response [249−1] (MGS) (Entered: 03/25/1999)
254 AFFIDAVIT of Dr. Robert Jones re [253−1] (MGS) (Entered: 03/25/1999)
FILE #8 DELIVERED to MAS/LBE − RET'D to Clks' Ofc 3/26/99. (MGS) Modified on 03/26/1999 (Entered: 03/25/1999)
255 ORDER by Mag Judge Leif B. Erickson that Crt will stay its ruling on defts' app for dismissal of the Settlement Agreement re TB screening, pending rec't of med monitors' rept after 6/99 inspection. (cc: all counsel) (MGS) (Entered: 05/11/1999)
REMARK − END OF FILE FOLDER #8............................ (MGS) (Entered: 09/08/1999)
256 NOTICE OF SUPPLEMENTAL AUTHORITY, MEMORANDUM/BRIEF by plaintiffs Terry Langford et al. in support of second supplemental motion for reasonable attorney's fees and expenses [227−1] − cpy to MAS. (MGS) (Entered: 07/06/1999)
257 REPLY by plaintiffs to response to motion for reasonable attorney's fees and expenses [227−1] Copy delivered to: MAS (MGS) (Entered: 07/30/1999)
258 NOTICE motion re: atty fees is fully briefed and ready for decision by court,by plaintiff Rudy Meissner, plaintiff Dan Mason, plaintiff Anthel Lavan Brown, plaintiff Trueman LeRoy Conrad, plaintiff Jeff J. Delaphiano, plaintiff James Peterschick, plaintiff James E. Ball, plaintiff Terry Langford. Copy to MAS. (MCN) (Entered: 08/06/1999)
259 RESPONSE by defendant To Plaintiffs' notice of supplemental authority MT ST Dept Corr, defendant Mike Mahoney, defendant James "Mickey" Gamble, defendant Rick Day, defendant Marc Racicot (MCN) (Entered: 08/12/1999)
260 MOTION by plaintiffs for order approving stipulation re medical care − cpy to MAS w/proposed Order, Stipulation and Notice to the Class. (MGS) (Entered: 09/08/1999)
261 ORDER by Mag Judge Leif B. Erickson granting motion for order approving stipulation re medical care [260−1], said stipulation is approved and entered as an Order of the Court. FURTHER, the dfts shll post cpys of the attached Notice to Members of the Class in each housing area at MSP, provide a separate cpy to each prisoner in det'n or Max at MSP and place cpys of the Stipulation and Settlement Agreement in the High and Low Side libraries at MSP. (cc: all counsel, w/Notice attached) (MGS) (Entered: 09/09/1999)
262 THIRD JOINT STIPULATION REGARDING MEDICAL CARE, entered as an ORDER by Mag Judge Leif B. Erickson, dismissing medical sections TB Screening, Medication Distribution and Chronic Care Patients as well as the remaining mental health sections of the Settlement Agreement from this action w/prejudice. (MGS)

Case: 6:92-cv-13 As of: 07/02/2020 08:21 AM MDT 26 of 34

09/30/1999
10/14/1999 10/15/1999 10/15/1999 10/18/1999 10/22/1999
10/25/1999 11/05/1999 11/09/1999
11/12/1999 11/12/1999 11/12/1999 11/29/1999 12/02/1999
12/15/1999 01/10/2000
01/14/2000 01/28/2000
02/29/2000
03/14/2000 03/14/2000

(Entered: 09/09/1999)
263 ORDER by Mag Judge Leif B. Erickson granting motion for reasonable attorney's fees and expenses [227−1]; pltffs shll submit fee request delineating the total requested fees subject to award under 42:1988 and those under 42:1997e; by 10/15/99 defts shll i.d. all fees requested by pltffs which they believe to be improper; pltffs shll hv 10 days to respond. (cc: all counsel) (MGS) (Entered: 10/05/1999)
264 MOTION by defendants to extend time to respond to Court's Order 263 − unopposed (MGS) (Entered: 10/15/1999)
FILE DELIVERED to LBE (MGS) (Entered: 10/15/1999)
265 SUMMARY OF ATTORNEY FEES filed by atty Ed Sheehy in response to [263−1] − cpy to MAS (MGS) (Entered: 10/22/1999)
266 RESPONSE to [263−1] by National Prison Project − cpy to MAS (MGS) (Entered: 10/22/1999)
267 ORDER by Mag Judge Leif B. Erickson granting motion to extend time to respond to Court's Order 263 [264−1], dfts hv to 10/25/99. (cc: all counsel) (MGS) (Entered: 10/22/1999)
268 RESPONSE by defendants to [263−1]: OBJECTION TO PLTFF'S FEE REQUEST. cpy to MAS (MGS) (Entered: 10/26/1999)
269 MOTION by plaintiffs to extend time to file their response to the objection to fee request − unopposed; cpy to LBE w/proposed Order. (MGS) (Entered: 11/05/1999)
270 ORDER by Mag Judge Leif B. Erickson granting motion to extend time to file their response to the objection to fee request [269−1] to 11/15/99 (cc: all counsel) (CAD) (Entered: 11/12/1999)
271 RESPONSE by plaintiffs to [268−1] (MGS) (Entered: 11/30/1999)
272 AFFIDAVIT of Eric G. Balaban re [271−1] (MGS) (Entered: 11/30/1999)
273 MOTION by plaintiffs to exceed page limitation in their response 271 − cpy to LBE w/proposed Order. (MGS) (Entered: 11/30/1999)
274 ORDER by Mag Judge Leif B. Erickson granting motion to exceed page limitation in their response 271 [273−1] (cc: all counsel) (MGS) (Entered: 11/30/1999)
REMARK − pursuant to request from independent paralegal Jerry O'Neil in Kalispell copies of Doc #223 & #225 were mailed to him; recpt #19832 (SAN) (Entered: 12/02/1999)
275 ORDER by Mag Judge Leif B. Erickson ; in−court hearing set for 10:00 1/10/00 on plf. atty's fees and costs still in dispute (cc: all counsel) (BAW) (Entered: 12/15/1999)
278 SUPPLEMENTAL MEMORANDUM by defendant MT ST Dept Corr, defendant Mike Mahoney, defendant James "Mickey" Gamble, defendant Rick Day, defendant Marc Racicot re motion for reasonable attorney's fees and expenses [227−1] (KJH) (Entered: 02/29/2000)
276 MOTION by plaintiff to continue hearing set for 1/10/00 (KJH) (Entered: 02/10/2000)
277 ORDER by Mag Judge Leif B. Erickson granting motion to continue hearing set for 1/10/00 [276−1] ; in−court hearing regarding plaintiffs' atty fees and costs still in dispute is re−set for 10:00 2/29/00 (cc: all counsel) (KJH) (Entered: 02/10/2000)
279 MINUTES: before Mag Judge Leif B. Erickson; counsel having advised the court that the motion for attorney fees and expenses [227−1] has been resolved, oral argument scheduled for this date is vacated. (KJH) (Entered: 02/29/2000)
280 STIPULATION BY ALL re [263−1] second supplemental motion for fees and costs − Scott C. Wurster has been paid. (LLL) (Entered: 03/15/2000)
281 STIPULATION BY ALL re [263−1] second supplemental motion for fees and costs − National Prison Project has been paid. (LLL) (Entered: 03/15/2000)

Case: 6:92-cv-13 As of: 07/02/2020 08:21 AM MDT 27 of 34

03/14/2000 06/21/2000 10/05/2000 10/18/2000 11/09/2000
11/09/2000
01/03/2001
03/21/2002
09/05/2002 09/05/2002 09/27/2002 10/10/2002 10/30/2002 01/21/2004 01/21/2004 03/05/2004 03/05/2004 03/12/2004 04/01/2004

282 STIPULATION BY ALL re [263−1] second supplemental motion for fees and costs − Edmund F. Sheehy has been paid. (LLL) (Entered: 03/15/2000)
283 RESPONSE by defendant MT ST Dept Corr, defendant Mike Mahoney, defendant James "Mickey" Gamble, defendant Rick Day, defendant Marc Racicot ro plaintiffs' motion for limited discovery. (MCN) (Entered: 06/22/2000)
284 ORDER by Mag Judge Leif B. Erickson ; telephonic hearing set for 2:00 10/18/00 in Misoula w/companion case CV 93−46−LBE: granting/denying motion for atty fees − see order for particulars (cc: all counsel) (MCN) (Entered: 10/05/2000)
285 MINUTES: before Mag Judge Leif B. Erickson; the court having been advised that the issue scheduled for hearing this date has been settled, hearing vacated. (KJH) (Entered: 10/23/2000)
286 STIPULATION BY ALL re [227−1] that all atty fees and costs claimed by ACLU of MOntana as part of the third supplemental motion for reasonable costs and attorneys' fees have been compromised and the compromise amount has been paid and discharges (KJH) (Entered: 11/14/2000)
287 STIPULATION BY ALL re [227−1] that all atty fees and costs claimed by the National Prison Project as part of the third supplemental motion for reasonable costs and attorneys' fees have been compromised and the compromise amount has been paid and discharged (KJH) (Entered: 11/14/2000)
288 NOTICE by plaintiff Rudy Meissner, plaintiff Dan Mason, plaintiff Anthel Lavan Brown, plaintiff Trueman LeRoy Conrad, plaintiff Jeff J. Delaphiano, plaintiff James Peterschick, plaintiff James E. Ball, plaintiff Terry Langford of change of address of National Prison Project. (MCN) (Entered: 01/04/2001)
289 STATUS REPORT by defendants, parties anticipate further Stipulation while compliance visits are pending and then, hopefully, will be stipulating to a dismissal of final issued if De. Shansky finds substantial and continuing compliance has occurred. (sent to Clk, Msla, for file) (GAR) (Entered: 03/21/2002)
290 ATTORNEY APPEARANCE for defendants by Colleen Graham White (GAR) Modified on 09/09/2002 (Entered: 09/09/2002)
291 MOTION by defendant to extend time an additional 21 days to respond to Motion for Atty's Fees (faxed to Judge Erickson) (GAR) (Entered: 09/09/2002)
292 MOTION by defendant to extend time to respond to plf 5th Suppl Motion for Rsnbl atty fees and expenses. (BAF) (Entered: 09/27/2002)
293 MOTION by defendants for appvl of settlement settlement copy and proposed order w/ red motion file to Clerk, Missoula. (GAR) (Entered: 10/11/2002)
294 ORDER by Mag Judge Leif B. Erickson granting motion for appvl of settlement settlement re Fifth Supplemental Motion for Fees and Costs [293−1] (cc: all counsel) (LLL) (Entered: 05/08/2003)
296 ATTORNEY APPEARANCE for the State of Montana in the above captioned case by Diana Koch (BAF) (Entered: 01/22/2004)
297 MOTION by defendant to extend time to respond to Plf 6th Suppl Motn for reasonable Atty Fees and Ex penses. (cpy to LBE) (BAF) (Entered: 01/22/2004)
298 MOTION by plaintiffs to File Overlength Reply in Support of 6th Supplemental Fees Motion (Reply) (GAR) (Entered: 03/11/2004)
RECEIVED Proposed Pltfs' Reply In Support of Pltfs' 6th Supplemental Fees Motion (GAR) (Entered: 03/11/2004)
299 MOTION by plaintiff to substitute attorney Amy Randall in place of Beth Brenneman (red file to LBE) (BAF) (Entered: 03/12/2004)
300 STIPULATION BY ALL regarding attorney fees. (faxed to LBE w/propo) (BAF) (Entered: 04/01/2004)

Case: 6:92-cv-13 As of: 07/02/2020 08:21 AM MDT 28 of 34

05/03/2004 05/05/2004 03/16/2005 06/08/2005
06/27/2005 06/27/2005 01/03/2006 01/04/2006 02/02/2006 06/09/2006 08/08/2007
08/14/2007 08/14/2007 02/25/2008 02/26/2008
02/26/2008 03/19/2008
03/24/2008

RECEIVED Court file consisting of 10 volumes at Helena from Clerk Missoula. (GAR) (Entered: 05/04/2004)
RECEIVED 3 expandos frm Mssla containing exhibits and depositions. (BAF) (Entered: 05/05/2004)
301 NOTICE by Plaintiffs (ACLU) of Address Change (copy to Atty Addr Maint Clerk, T.O.) (GAR) (Entered: 03/16/2005)
302 ORDER by Mag Judge Leif B. Erickson, Parties shall file with court, either jointly or severally, a report as to current status of settlement matter and when court may expect final resolution. Such rpt shall be due on or bef 6/17/05. cc: all cnsl of rec CV 93−46−H−LBE/CV 92−13−H−LBE (GAR) (Entered: 06/10/2005)
303 RESPONSE by plaintiffs to Motion for Leave to Respond to Status Report (faxed to LBE) (GAR) (Entered: 06/28/2005)
304 MAIL Returned Order [302−1] mailed to Timothy Payne, Addressee Unknown (GAR) (Entered: 06/28/2005)
Remark Volumes 9 and 10 to Clerk, Missoula, for Judge Erickson. (GAR, ) (Entered: 01/03/2006)
Remark received files Volumes 9 & 10 from Clerk Helena and dlvd. to LBE chambers (CAD, ) (Entered: 01/04/2006)
Remark file (vol. 9 and vol. 10) mailed to clerk Helena per LBE chambers (APP, ) (Entered: 02/02/2006)
Judge Jeremiah C. Lynch added. Judge Leif B. Erickson no longer assigned to case. (CDH, ) (Entered: 09/11/2006)
305 ORDER in case 4:92−cv−00077−LBE; granting (1388) Motion for Extension of Time to Serve in case 6:93−cv−00046−DWM−JCL. Signed by Judge Jeremiah C. Lynch on 8/8/2007. Associated Cases: 6:93−cv−00046−DWM−JCL et al.(txb) (Entered: 08/08/2007)
306 Mail Returned as Undeliverable. Mail sent to Welliver, Gorder, Burk, Little Bear, Gray, Conrad Associated Cases: 6:93−cv−00046−DWM−JCL et al.(ded) (Entered: 08/14/2007)
307 Mail Returned as Undeliverable. Mail sent to Radi, Brandborg Associated Cases: 6:93−cv−00046−DWM−JCL et al.(ded) (Entered: 08/14/2007)
308 MOTION to Modify (1402 in 6:93−cv−00046−DWM−JCL) Order Setting by Terry Langford. (Attachments: # 1)Associated Cases: 6:93−cv−00046−DWM−JCL, 6:92−cv−00013−JCL(Balaban, Eric) (Entered: 02/25/2008)
Remark. Attorney Balaban contacted and advised that a brief in support needs to be filed as a separate document and not as an attachment to the Main Document. The Brief in Support will be refiled as a separate main document. (ELL, ) (Entered: 02/26/2008)
309 Brief/Memorandum in Support re (308 in 6:92−cv−00013−JCL) MOTION to Modify filed by Terry Langford. Associated Cases: 6:93−cv−00046−DWM−JCL, 6:92−cv−00013−JCL(Balaban, Eric) (Entered: 02/26/2008)
310 ORDER in case 4:92−cv−00077−LBE; finding as moot (1409) Motion to Stay in case 6:93−cv−00046−DWM−JCL. IT IS HEREBY ORDERED that Plaintiffs' Objections to the Magistrate's February 29, 2008 Order 1408 are rejected. Signed by Judge Donald W. Molloy on 3/19/2008. Associated Cases: 6:93−cv−00046−DWM−JCL et al.(slp) Modified on 3/19/2008 ,to reflect cpies mailed to Ball, Koch, Kradolfer, Conrad, Radi, Bingman, Brandborg, Lucero, Little Bear, Merrick, McAdam, Gray, Burk, Gorder, Kashani, Koren, White, Lopez, Sheehy, Wurster, Winter, Payne, Keller, Ohler. (BAF, ). (Entered: 03/19/2008)
311 Mail Returned as Undeliverable (Inmate Paroled or Discharged). Mail sent to James Bingman, JackBurk, Trueman Conrad,Paul Gorder, Wendell Gray, Clyde Little Bear Associated Cases: 6:93−cv−00046−DWM−JCL et al.(BAF, ) (Entered: 03/24/2008)

Case: 6:92-cv-13 As of: 07/02/2020 08:21 AM MDT 29 of 34

05/13/2008
05/22/2008 05/27/2008 05/27/2008 03/10/2009
03/11/2009 03/18/2009 07/01/2009 06/19/2012
06/19/2012 07/12/2012 08/20/2012
09/28/2012
09/28/2012 01/03/2013

312 Minute Entry for proceedings held before Jeremiah C. Lynch: Oral Argument Hearing held on 5/13/2008 via telephone conference; Elizabeth Griffing appeared on behalf of plaintiff; Elizabeth Baker appeared on behalf of defendant; Both sides argued; Written order to follow. (Court Reporter FTR Gold.) Associated Cases: 6:93−cv−00046−DWM−JCL et al. (APP, ) (Entered: 05/13/2008)
313 Mail Returned as Undeliverable. Mail sent to Edward I. Koren (MKH, ) (Entered: 05/22/2008)
314 Mail Returned as Undeliverable. Mail sent to Mark J Lopez (MKH, ) (Entered: 05/27/2008)
315 Mail Returned as Undeliverable. Mail sent to Margaret Winter (MKH, ) (Entered: 05/27/2008)
316 MOTION to Vacate (1428 in 6:93−cv−00046−DWM−JCL) Order Setting Eric G. Balaban appearing for Plaintiff Montana State Prison Inmates Motions referred to Jeremiah C. Lynch. (Attachments: # 1 Text of Proposed Order) Associated Cases: 6:93−cv−00046−DWM−JCL, 6:92−cv−00013−JCL (Balaban, Eric) (Entered: 03/10/2009)
317 TEXT ORDER granting 316 Motion to Vacate. Signed by Jeremiah C. Lynch on 3/11/2009. (Lynch, Jeremiah) Modified on 3/11/2009 to indicate copies mailed to Kashani, Keller, Koren, Lopez, Ohler, Sheehy, White, Winter and Wurster (HEG, ). (Entered: 03/11/2009)
318 Mail Returned as Undeliverable. Mail sent to Winter, Lopez, and Koren docket entry 317 . (ded, ) (Entered: 03/18/2009)
319 Minute Entry for proceedings held before Jeremiah C. Lynch: Status Conference held on 7/1/2009; Elizabeth Griffing appeared on behalf of plaintiff; Elizabeth Baker appeared on behalf of defendant. (Court Reporter FTR Gold.) Associated Cases: 6:93−cv−00046−DWM−JCL et al. (APP, ) (Entered: 07/06/2009)
320 Minute Entry for proceedings held before Jeremiah C. Lynch: Status Conference held on 6/19/2012; Eric Balaban and Anna Conley appeared on behalf of Pltf, Rebecca French and Coleen Ambrose appeared on behalf of Def; Parties left to negotiate. (Court Reporter FTR Gold.) Associated Cases: 6:93−cv−00046−DWM−JCL et al. (APP, ) (Entered: 06/19/2012)
321 Minute Entry for proceedings held before Jeremiah C. Lynch: Settlement Conference held on 6/19/2012. Associated Cases: 6:93−cv−00046−DWM−JCL et al. (TXB, ) (Entered: 06/19/2012)
322 ORDER in case 4:92−cv−00077−LBE; granting (1479) Motion re programmatic expert appointment in case 6:93−cv−00046−DWM−JCL Signed by Jeremiah C. Lynch on 7/12/2012. Associated Cases: 6:93−cv−00046−DWM−JCL et al. (TXB, ) (Entered: 07/12/2012)
323 Joint MOTION for Protective Order Rebekah J. French appearing for Defendant State of Montana, Department of Corrections Personnel Motions referred to Jeremiah C. Lynch. (Attachments: # 1 Text of Proposed Order) Associated Cases: 6:93−cv−00046−DWM−JCL, 6:92−cv−00013−JCL (French, Rebekah) (Entered: 08/20/2012)
324 Consent MOTION to Amend/Correct (1477 in 6:93−cv−00046−DWM−JCL) Order on Motion for Miscellaneous Relief Eric G. Balaban appearing for Plaintiff Montana State Prison Inmates Motions referred to Jeremiah C. Lynch. (Attachments: # 1 Text of Proposed Order) Associated Cases: 6:93−cv−00046−DWM−JCL, 6:92−cv−00013−JCL (Balaban, Eric) (Entered: 09/28/2012)
325 ORDER in case 4:92−cv−00077−LBE; granting (324) Motion to Amend/Correct in case 6:92−cv−00013−JCL; granting (1483) Motion to Amend/Correct in case 6:93−cv−00046−DWM−JCL Signed by Jeremiah C. Lynch on 9/28/2012. Associated Cases: 6:93−cv−00046−DWM−JCL et al. (DED, ) (Entered: 09/28/2012)
Set Deadlines: Joint Status Report due by 1/14/2013. Associated Cases: 6:93−cv−00046−DWM−JCL, 6:92−cv−00013−JCL (DED, ) (Entered: 01/03/2013)

Case: 6:92-cv-13 As of: 07/02/2020 08:21 AM MDT 30 of 34

01/09/2013 05/30/2013 06/24/2013 06/24/2013 06/27/2013 07/04/2013 07/08/2013 11/12/2013 11/13/2013 11/13/2013 02/18/2015 02/18/2015 02/19/2015

326 NOTICE of Appearance by McKenzie V. Hannan on behalf of All Defendants Associated Cases: 6:93−cv−00046−DWM−JCL et al. (Hannan, McKenzie) (Entered: 01/09/2013)
327 NOTICE by Montana State Prison Inmates of Filing Joint ADA Experts' Report (Attachments: # 1 Affidavit) Associated Cases: 6:93−cv−00046−DWM−JCL, 6:92−cv−00013−JCL (Balaban, Eric) (Entered: 05/30/2013)
328 MOTION for Specific Performance Eric G. Balaban appearing for Plaintiff Montana State Prison Inmates Motions referred to Jeremiah C. Lynch. Associated Cases: 6:93−cv−00046−DWM−JCL, 6:92−cv−00013−JCL (Balaban, Eric) (Entered: 06/24/2013)
329 Brief/Memorandum in Support re (328 in 6:92−cv−00013−JCL) MOTION for Specific Performance filed by Montana State Prison Inmates. (Attachments: # 1 Exhibit) Associated Cases: 6:93−cv−00046−DWM−JCL, 6:92−cv−00013−JCL (Balaban, Eric) (Entered: 06/24/2013)
330 NOTICE by Montana State Prison Inmates re (1489 in 6:93−cv−00046−DWM−JCL) Notice (Other) of Filing Corrected ADA Experts' Report (Attachments: # 1 Affidavit) Associated Cases: 6:93−cv−00046−DWM−JCL, 6:92−cv−00013−JCL (Balaban, Eric) (Entered: 06/27/2013)
331 TEXT ORDER.. Defendants' unopposed motion for an extension of time to file a response to Plaintiffs' motion for specific performance is granted. Defendants shall have until July 31, 2013 to file their response. Signed by Jeremiah C. Lynch on 7/4/2013. Associated Cases: 6:93−cv−00046−DWM−JCL et al. (Lynch, Jeremiah) (Entered: 07/04/2013)
332 Notice of Undeliverable Electronic Notice: re (102 in 9:92−cv−00112−JCL) Order on Motion for Extension of Time to File,. Name of attorney whose NEF was undeliverable: Anders. bekola@mt.gov Associated Cases: 6:93−cv−00046−DWM−JCL et al. (Cuthbert, Michael) (Entered: 07/08/2013)
333 Consent Stipulated Motion to Extend the Monitoring Period Ajmel A. Quereshi appearing for Plaintiff Montana State Prison Inmates Motions referred to Jeremiah C. Lynch. (Attachments: # 1 Exhibit Joint Stipulation to Extend the Monitoring Period, # 2 Proposed Order) Associated Cases: 6:93−cv−00046−DWM−JCL et al. (Quereshi, Ajmel) (Entered: 11/12/2013)
334 Notice of Correction: re (1505 in 6:93−cv−00046−DWM−JCL, 333 in 6:92−cv−00013−JCL) Consent Stipulated Motion to Extend the Monitoring Period. The filing error relates to: Signature and Login Do not Match. See the attached document for a brief description of the error made. Associated Cases: 6:93−cv−00046−DWM−JCL, 6:92−cv−00013−JCL (DED, ) (Entered: 11/13/2013)
335 ORDER granting (333) Stipulated Motion in case 6:92−cv−00013−JCL; granting (1505) Stipulated Motion in case 6:93−cv−00046−DWM−JCL Signed by Jeremiah C. Lynch on 11/13/2013. Associated Cases: 6:93−cv−00046−DWM−JCL, 6:92−cv−00013−JCL (DED, ) (Entered: 11/13/2013)
336 ORDER in case 4:92−cv−00077−LBE; granting (1514) Motion to Appear Pro Hac Vice in case 6:93−cv−00046−DWM−JCL Signed by Magistrate Judge Jeremiah C. Lynch on 2/18/2015. Associated Cases: 6:93−cv−00046−DWM−JCL et al. (TCL, ) (Entered: 02/18/2015)
337 ORDER in case 4:92−cv−00077−LBE; granting (1515) Motion to Appear Pro Hac Vice in case 6:93−cv−00046−DWM−JCL Signed by Magistrate Judge Jeremiah C. Lynch on 2/18/2015. Associated Cases: 6:93−cv−00046−DWM−JCL et al. (TCL, ) (Entered: 02/18/2015)
338 Letter from Clerk of Court to admitted PHV counsel Morris and Robertson regarding requirements for registration. NEF notification for both counsel will be turned of pending registration. Copy of letter mailed to counsel. (Attachments: # 1 NEF Letter to Robertson) AssociatedCases: 6:93−cv−00046−DWM−JCL, 6:92−cv−00013−JCL (DED, ) (Entered: 02/19/2015)

Case: 6:92-cv-13 As of: 07/02/2020 08:21 AM MDT 31 of 34

02/25/2015 02/16/2016 02/17/2016 02/17/2016 08/11/2016
08/11/2016
11/18/2016 02/13/2017 02/15/2017 03/02/2017
06/13/2017 09/13/2017 09/13/2017 01/19/2018

Remark admitted PHV counsel Robertson and Morris are now registered users and will receive notification in these matters. Associated Cases: 6:93−cv−00046−DWM−JCL, 6:92−cv−00013−JCL (DED, ) (Entered: 02/25/2015)
339 ORDER Granting (1524 in 6:93−cv−00046−DWM−JCL) Stipulation filed by Montana State Prison Inmates Signed by Magistrate Judge Jeremiah C. Lynch on 2/16/2016. Associated Cases: 6:93−cv−00046−DWM−JCL et al. (TCL, ) (Entered: 02/16/2016)
340 Notice of Undeliverable Electronic Notice: re (1525 in 6:93−cv−00046−DWM−JCL) Order. Name of attorney whose NEF was undeliverable: McKenzie V. McCarthy. Associated Cases: 6:93−cv−00046−DWM−JCL et al. (Cuthbert, Michael) (Entered: 02/17/2016)
341 Notice of Undeliverable Electronic Notice: re (1525 in 6:93−cv−00046−DWM−JCL) Order. Name of attorney whose NEF was undeliverable: Mazurek. Associated Cases: 6:93−cv−00046−DWM−JCL et al. (Cuthbert, Michael) (Entered: 02/17/2016)
342 STIPULATION to Extend Monitoring Period by Montana State Prison Inmates, James E. Ball, Anthel LaVan Brown, Trueman LeRoy Conrad, Jeff J. Delaphiano, Terry Langford, Dan Mason, Rudy Meissner, James Peterschick. Associated Cases: 6:93−cv−00046−DWM−JCL, 6:92−cv−00013−JCL (Robertson, Amy) (Entered: 08/11/2016)
343 ORDER re (342 in 6:92−cv−00013−JCL, 1528 in 6:93−cv−00046−DWM−JCL) Stipulation, filed by Terry Langford, Dan Mason, Trueman LeRoy Conrad, Montana State Prison Inmates, James E. Ball, Rudy Meissner, Jeff J. Delaphiano, Anthel LaVan Brown, James Peterschick Signed by Magistrate Judge Jeremiah C. Lynch on 8/11/2016. Associated Cases: 6:93−cv−00046−DWM−JCL, 6:92−cv−00013−JCL (TCL, ) (Entered: 08/11/2016)
344 NOTICE of Acknowledgment of Pro Hac Vice Order by Montana State Prison Inmates Associated Cases: 6:93−cv−00046−DWM−JCL, 6:92−cv−00013−JCL (Robertson, Amy) (Entered: 11/18/2016)
345 STATUS REPORT by In the matter of litigation relating to conditions of confinement at Montana State Prison.. Associated Cases: 6:93−cv−00046−DWM−JCL, 6:92−cv−00013−JCL (Robertson, Amy) (Entered: 02/13/2017)
346 STATUS REPORT by In the matter of litigation relating to conditions of confinement at Montana State Prison.. (Attachments: # 1 Exhibit Settlement Agreement_Executed − with Exhibits) Associated Cases: 6:93−cv−00046−DWM−JCL, 6:92−cv−00013−JCL (Robertson, Amy) (Entered: 02/15/2017)
347 Unopposed MOTION to Approve Settlement Agreement Amy F. Robertson appearing for In Re In the matter of litigation relating to conditions of confinement at Montana State Prison. Motions referred to Jeremiah C. Lynch. (Attachments: # 1 Exhibit Settlement Agreement, # 2 Affidavit Decl. of Amy F. Robertson in Supp. of Joint Mot. for Prelim. Approval of Class Action Settlement, # 3 Text of Proposed Order Proposed Order Granting Preliminary Approval) Associated Cases: 6:93−cv−00046−DWM−JCL, 6:92−cv−00013−JCL (Robertson, Amy) (Entered: 03/02/2017)
348 NOTICE by In the matter of litigation relating to conditions of confinement at Montana State Prison. Associated Cases: 6:93−cv−00046−DWM−JCL, 6:92−cv−00013−JCL (Robertson, Amy) (Entered: 06/13/2017)
349 NOTICE of Change of Address by Jon E. Ellingson Associated Cases: 6:93−cv−00046−DWM−JCL, 6:92−cv−00013−JCL (Ellingson, Jon) (Entered: 09/13/2017)
350 NOTICE of Appearance by Alexander H. Rate on behalf of Montana State Prison Inmates Associated Cases: 6:93−cv−00046−DWM−JCL, 6:92−cv−00013−JCL (Rate, Alexander) (Entered: 09/13/2017)
351 NOTICE by In the matter of litigation relating to conditions of confinement at Montana State Prison., Montana State Prison Inmates, James E. Ball, Anthel LaVan Brown, Trueman LeRoy Conrad, Jeff J. Delaphiano, Terry Langford, Dan Mason, Rudy Meissner, James Peterschick Associated Cases: 6:93−cv−00046−DWM−JCL,

Case: 6:92-cv-13 As of: 07/02/2020 08:21 AM MDT 32 of 34

01/19/2018
01/24/2018 02/23/2018 02/27/2018
03/06/2018
03/06/2018 03/06/2018 03/27/2018 05/11/2018

6:92−cv−00013−JCL (Rate, Alexander) (Entered: 01/19/2018)
352 Joint MOTION to Approve Settlement Agreement Alexander H. Rate appearing for In Re In the matter of litigation relating to conditions of confinement at Montana State Prison., Plaintiffs Montana State Prison Inmates, James E. Ball, Anthel LaVan Brown, Trueman LeRoy Conrad, Jeff J. Delaphiano, Terry Langford, Dan Mason, Rudy Meissner, James Peterschick Motions referred to Jeremiah C. Lynch. (Attachments: # 1 Exhibit, # 2 Affidavit, # 3 Text of Proposed Order) Associated Cases: 6:93−cv−00046−DWM−JCL, 6:92−cv−00013−JCL (Rate, Alexander) (Entered: 01/19/2018)
353 ORDER in case 6:92−cv−00013−JCL; denying (1540) Motion to Approve Settlement Agreement in case 6:93−cv−00046−DWM−JCL Signed by Magistrate Judge Jeremiah C. Lynch on 1/24/2018. Associated Cases: 6:93−cv−00046−DWM−JCL, 6:92−cv−00013−JCL (TCL) (Entered: 01/24/2018)
354 Joint MOTION to Approve Settlement Agreement Amy F. Robertson appearing for In Re In the matter of litigation relating to conditions of confinement at Montana State Prison. Motions referred to Jeremiah C. Lynch. Associated Cases: 6:93−cv−00046−DWM−JCL, 6:92−cv−00013−JCL (Robertson, Amy) (Entered: 02/23/2018)
355 ORDERED: ORDER granting (354) Motion to Approve Settlement Agreement in case 6:92−cv−00013−JCL; granting (1542) Motion to Approve Settlement Agreement in case 6:93−cv−00046−DWM−JCL. The revised Class Action Settlement, attached as Exhibit A to the motion, is hereby PRELIMINARILY APPROVED. It is further ORDERED: The proposed notice, Exhibit 10 to the Revised Class Action Settlement is APPROVED. Please review entire order for other details. Final Approval Hearing set for 6/11/2018 at 10:00 AM in Missoula, MT before Magistrate Judge Jeremiah C. Lynch. Signed by Magistrate Judge Jeremiah C. Lynch on 2/27/2018. Associated Cases: 6:93−cv−00046−DWM−JCL, 6:92−cv−00013−JCL (HEG) (Entered: 02/27/2018)
356 Unopposed MOTION For New Hearing Date re (1543 in 6:93−cv−00046−DWM−JCL, 1543 in 6:93−cv−00046−DWM−JCL, 1543 in 6:93−cv−00046−DWM−JCL) Order,,, Terminate Motions,,, Set Hearings,, Colleen E. Ambrose appearing for Defendants State of Montana, Department of Corrections Personnel, James "Mickey&qu Gamble, Mike Mahoney, Marc Racicot, State of Montana, Department of Corrections Motions referred to Jeremiah C. Lynch. (Attachments: # 1 Text of Proposed Order) Associated Cases: 6:93−cv−00046−DWM−JCL, 6:92−cv−00013−JCL (Ambrose, Colleen) (Entered: 03/06/2018)
357 ORDER granting (356) Motion New Hearing Date in case 6:92−cv−00013−JCL; granting (1544) Motion New Hearing Date in case 6:93−cv−00046−DWM−JCL. Final Approval Hearing for the Revised Class Action Settlement in the above−entitled matter is reset for 10:00 a.m. on Friday, June 8, 2018, at the Russell Smith Courthouse, 201 E. Broadway, in Missoula. Signed by Magistrate Judge Jeremiah C. Lynch on 3/6/2018. Associated Cases: 6:93−cv−00046−DWM−JCL, 6:92−cv−00013−JCL (HEG) (Entered: 03/06/2018)
Reset Hearings: Final Approval Hearing reset for 6/8/2018 at 10:00 AM in Missoula, MT before Magistrate Judge Jeremiah C. Lynch. Associated Cases: 6:93−cv−00046−DWM−JCL, 6:92−cv−00013−JCL (HEG) (Entered: 03/06/2018)
358 NOTICE of Withdrawal of Counsel: Jon E. Ellingson withdrawing from the case, filed by Montana State Prison Inmates Associated Cases: 6:93−cv−00046−DWM−JCL, 6:92−cv−00013−JCL (Ellingson, Jon) (Entered: 03/27/2018)
359 Joint MOTION Order releasing class−member objections to the parties Alexander H. Rate appearing for Plaintiffs Montana State Prison Inmates, James E. Ball, Anthel LaVan Brown, Trueman LeRoy Conrad, Jeff J. Delaphiano, Terry Langford, Dan Mason, Rudy Meissner, James Peterschick Motions referred to Jeremiah C. Lynch. (Attachments: # 1 Text of Proposed Order) Associated Cases: 6:93−cv−00046−DWM−JCL, 6:92−cv−00013−JCL (Rate, Alexander) (Entered: 05/11/2018)

Case: 6:92-cv-13 As of: 07/02/2020 08:21 AM MDT 33 of 34

05/14/2018 05/23/2018 05/25/2018
05/29/2018 06/08/2018
06/08/2018 06/18/2018 06/18/2018 06/18/2018
06/19/2018 06/19/2018 06/19/2018 06/19/2018

360 NOTICE of filing letters Associated Cases: 6:93−cv−00046−DWM−JCL, 6:92−cv−00013−JCL (APP) (Entered: 05/14/2018)
361 Joint MOTION to Set Deadlines for Motion for Fees Amy F. Robertson appearing for In Re In the matter of litigation relating to conditions of confinement at Montana State Prison. Motions referred to Jeremiah C. Lynch. (Attachments: # 1 Text of Proposed Order) Associated Cases: 6:93−cv−00046−DWM−JCL, 6:92−cv−00013−JCL (Robertson, Amy) (Entered: 05/23/2018)
362 Joint MOTION to Approve Settlement Agreement and Response to Objections Alexander H. Rate appearing for Plaintiffs Montana State Prison Inmates, James E. Ball, Anthel LaVan Brown, Trueman LeRoy Conrad, Jeff J. Delaphiano, Terry Langford, Dan Mason, Rudy Meissner, James Peterschick Motions referred to Jeremiah C. Lynch. (Attachments: # 1 Affidavit Declaration of Amy Robertson, # 2 Affidavit Declaration of Jim Salmonsen, # 3 Affidavit Declaration of Eric Balaban, # 4 Affidavit Declaration of Alex Rate, # 5 Affidavit Declaration of Colleen Ambrose) Associated Cases: 6:93−cv−00046−DWM−JCL, 6:92−cv−00013−JCL (Rate, Alexander) (Entered: 05/25/2018)
363 ORDER setting deadlines that will apply to the Parties' attempt to resolve the amount of Class Counsels' fees and costs. Signed by Magistrate Judge Jeremiah C. Lynch on 5/29/2018. Associated Cases: 6:93−cv−00046−DWM−JCL, 6:92−cv−00013−JCL (APP) (Entered: 05/29/2018)
364 MINUTE ENTRY for proceedings held before Magistrate Judge Jeremiah C. Lynch: Settlement Hearing held on 6/8/2018; Appearing on behalf of Plaintiffs: Eric Balaban, Alexander Rate, Amy Robertson; Appearing on behalf of Defendants: Colleen Ambrose; Discussion had regarding consenting to USMJ and settlement agreement; Written order to follow; Hearing commenced at 10:11 a.m. and concluded at 10:16 a.m.. (Court Reporter FTR Gold.) (Hearing held in Missoula) Associated Cases: 6:93−cv−00046−DWM−JCL, 6:92−cv−00013−JCL (APP) (Entered: 06/08/2018)
365 Electronic Mailing of Consent: Judge Lynch as Presiding Judge. Mailed to counsel Eric G. Balaban, Amy F. Robertson, Alexander H. Rate, Jeffrey T. Renz, Colleen E. Ambrose. Consent/Objection to USMJ Form due by 6/13/2018. Associated Cases: 6:93−cv−00046−DWM−JCL, 6:92−cv−00013−JCL (APP) (Entered: 06/08/2018)
366 NOTICE by Montana State Prison Inmates, James E. Ball, Anthel LaVan Brown, Trueman LeRoy Conrad, Jeff J. Delaphiano, Terry Langford, Dan Mason, Rudy Meissner, James Peterschick Notice and Consent to Exercise of Jurisdiction by a United States Magistrate Judge Associated Cases: 6:93−cv−00046−DWM−JCL, 6:92−cv−00013−JCL (Rate, Alexander) (Entered: 06/18/2018)
367 Notice of Correction: re (366 in 6:92−cv−00013−JCL) Notice (Other). The filing error relates to: Document Should Have Been Filed Conventionally. See the attached document for a brief description of the error made. Associated Cases: 6:93−cv−00046−DWM−JCL, 6:92−cv−00013−JCL (HEG) (Entered: 06/18/2018)
368 FINDINGS AND RECOMMENDATIONS re (362 in 6:92−cv−00013−JCL, 1550 in 6:93−cv−00046−DWM−JCL) Joint MOTION to Approve Settlement Agreement and Response to Objections filed by Terry Langford, Dan Mason, Trueman LeRoy Conrad, Montana State Prison Inmates, James E. Ball, Rudy Meissner, Jeff J. Delaphiano, Anthel LaVan Brown, James Peterschick. Signed by Magistrate Judge Jeremiah C. Lynch on 6/18/2018. (Attachments: # 1 Order and Judgment) Associated Cases: 6:93−cv−00046−DWM−JCL, 6:92−cv−00013−JCL (APP) (Entered: 06/18/2018)
Judge Donald W. Molloy and Magistrate Judge Jeremiah C. Lynch added. Jeremiah C. Lynch no longer assigned to case as presiding. (APP) (Entered: 06/19/2018)
369 CONSENTS TO USMJ. Associated Cases: 6:93−cv−00046−DWM−JCL, 6:92−cv−00013−DWM−JCL (HEG) (Entered: 06/19/2018)
370 Clerk's Notice Upon Consent to USMJ. Case reassigned to Magistrate Judge Jeremiah C. Lynch. Associated Cases: 6:93−cv−00046−DWM−JCL, 6:92−cv−00013−DWM−JCL (HEG) (Entered: 06/19/2018)
371 ORDER AND JUDGMENT. Please review order for complete details. Signed by Magistrate Judge Jeremiah C. Lynch on 6/19/2018. Associated Cases:

Case: 6:92-cv-13 As of: 07/02/2020 08:21 AM MDT 34 of 34 6:93−cv−00046−JCL, 6:92−cv−00013−JCL (HEG) (Entered: 06/19/2018)