Alexa P. Freeman ACLU National Prison Project 187 5 Connecticut Ave. N.W. Suite 410 Washington, DC 20009 (202) 234-4830
Kyle A. Gray ACLU of Montana Foundation Box 3012 Billings, MT 59103 (406) 252-2166
Penelope S. Strong P.O. Box 804 Livingston, MT 59047 (406) 222-2556

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

KAY MANY HORSES, LINDA RODRIGUEZ, STEPHANIE VORIS, GERALDINE KIEFER, LORI DOANE, LUCY MARIE REDCROW, KATHLEEN YVONNE BESSETT, JANICE MCCORD, and BONNIE ROGERS, on their own behalf and on behalf of all other persons similarly situated,
Plaintiffs,
v.
MARC RACICOT, Governor; RICK DAY, Director, Department of Corrections and Human Services? JAMES "MICKEY" GAMBLE, Administrator, Corrections Division; STEVEN A. MACASKILL, Warden, Women's Correctional Center at Warm Springs; and LOUISE MCCLOUD, Correctional Treatment Supervisor and Chair of Classification Board, sued in their official capacities,
Defendants,.

No. CV 93COMPLAINT
Many Horses v. Racicot

PC-MT-002-001

PRELIMINARY STATEMENT 1. This is a class action on behalf of all women prisoners incarcerated at the Women's Correctional Center ("WCC") in Warm Springs, Montana. Plaintiffs seek to rectify the inhumane conditions at WCC which are in all respects unsuitable for prisoner habitation or programs. Dilapidated buildings at WCC pose severe life-threatening fire and other safety hazards to those who live and work there. The defendants are deliberately indifferent to the serious medical and psychiatric needs of women prisoners and have failed to accommodate those with disabilities. Prisoners at WCC are denied their constitutional right of access to the courts. Solely because of their gender, women prisoners are subjected to invidious discrimination with respect to education, employment, vocational training, visitation, recreation, religious and other programs. Plaintiffs seek programs and services comparable to those afforded men prisoners at Montana State Prison.
JURISDICTION 2. Plaintiffs bring this action under 42 U.S.C. §1983 to vindicate their rights under the First, Eighth and Fourteenth Amendments of the United States Constitution; §504 of the Rehabilitation Act of 1973, 29 U.S.C. §701 g£. sea.. as amended by the Civil Rights Restoration Act of 1987; and the Americans with Disabilities Act of 1990, 42 U.S.C. §12132. This Court has jurisdiction over this action pursuant to 28 U.S.C. §§ 1331 and 1343, and the authority to order declaratory and injunctive relief pursuant to 28 U.S.C. §§ 2201 and 2202.

VENUE 3. Venue is proper in the District of Montana under 28 U.S.C. §1391(a). The defendants reside in the state of Montana and the plaintiffs' claims for relief arise in Montana. 4. Venue is proper in the Butte Division under Rule 105-3(a) of the Rules of Procedure of the United States District Court for the District of Montana because a defendant and most of the plaintiffs reside in that division and the claims arose there.
PARTIES 5. Plaintiffs are prisoners currently assigned to the Women's Correctional Center in Warm Springs, Montana. Ear is affected by the conditions complained of herein. 6. Defendant Marc Racieot is the Governor of Mont«_ a s such, he is the chief executive officer for the state of Mo,..ana and is ultimately responsible for the operation of the Montana prison system. He is sued in his official capacity. 7. Defendant Rick Day is the Director of the Montana Department of Corrections and Human Services. As such, he is responsible for supervising the administration of the Corrections Division. He is sued in his official capacity. 3. Defendant James "Mickey" Gamble is the Administrator of the Corrections Division of the Montana Department of Corrections and Human Services. He is responsible for the administration and operation of all the prison facilities in Montana and provides for the health, safety and welfare of the persons incarcerated there. He is sued in his official capacity.

9. Defendant Steven A. MacAsJcill is the Warden of the Women's Correctional Center in Warm Springs, Montana. He is responsible- for overseeing the daily operation of the women's prison. He is sued in his official capacity.
10. Defendant Louise McCloud, who on information and belief resides in Deer Lodge County, is the correctional Treatment Supervisor and Chair of the Classification Board of the Women's Correctional Center in Warm Springs, Montana. She is responsible for supervising all educational, employment, medical and other treatment programs at the women's prison. She is also responsible for managing the Classification Board. She is sued in her official
acity. CLASS ACTION ALLEGATIONS
11. This action is brought as a class action pursuant to Rule 23(a) and (b)(2) of the Federal Rules of Civil Procedure.
12. Plaintiffs are representative parties of a class composed of all women who are now, or who in the future will be, in the custody of or under the supervision of the Montana Department of Corrections and Human Services.
13. The class is so numerous that joinder of all members of the class is impractical. Currently the class consists of approximately forty-eight women at wcc and approximately twentythree women in pre-release centers in Butte and Billings. There is a high turnover in these facilities each year.
14. Conditions described in this complaint are common to all prisoners at the WCC. Women assigned to pre-release remain under

the authority of the Department of Corrections, have served time at the WCC, and are subject to return there at any time during their sentences.
15. Defendants' acts and omissions as set forth in this complaint present questions of law and fact common to the class, including the constitutionality of the conditions of confinement at the WCC.
16. The plaintiffs'are members of the class and their claims are typical of all class members.
17. The plaintiffs will fairly and adequately represent the interests of the class as a whole. They are represented by competent counsel.
18. The defendants have acted and refused to act on grounds generally applicable to the class, thereby making appropriate final declaratory and injunctive relief with respect to the class as a whole.
FACTUAL ALLEGATIONS A. PHYSICAL FACILITIES
19. The Women's Correctional Center in Warm Springs is Montana's only prison facility for women. It must admit and process all new female admissions to the Montana Department of Corrections and Human Services..
20. All women offenders are assigned initially to the WCC. Most women subsequently are assigned to a pre-release center in Butte or Billings prior to the completion of their sentences.
21. WCC is located on the grounds of the Montana State

Hospital in a remote valley in western Montana near Anaconda. Approximately forty-eight women are currently incarcerated there.
22. -WCC consists of two buildings. The Main Building contains the administrative offices and houses approximately thirty-five women. The Expansion Unit houses approximately fifteen women in one wing of the building; the other wing houses male protective custody prisoners from Montana State Prison.
23. The Main Building is a two story plus basement structure built and formerly used as a dormitory for nurses at the state hospital. It was designated for temporary use as a women's prison over a decade ago even though it was then, and continues to be, unfit for this purpose.
24. The Main Building basement is used for program space, consisting of a dayroom, classroom, reading library and exercise room. A former storage area was partitioned to create space for two sewing machines and some bookshelves for a few lawbooks. The first floor is comprised of administrative offices, the nurse's office and examination room, the food area, dayroom, four locked cells and two bathrooms. The prisoners' rooms and two bathrooms are located on the second floor. These two second floor bathrooms provide the only space for personal hygiene for prisoners in the Main Building; there is no bathroom in the basement and prisoners are not generally allowed to use the first floor bathrooms.
25. The Expansion Unit is a dark, squat one story building with two wings. It was formerly the forensic unit for the Montana State Hospital but was discontinued for use as such in 1988, after

the State determined the building was unfit for use as a mental health facility.
26. "The women's wing in the Expansion Unit consists of a narrow hallway with seven cells on each side, a small room that is used for food service and program space, four additional cells for isolation and a glassed-in control desk. The hallway to the fourteen cells provides the only day room space. There are two bathrooms with a shower, two sinks and two toilets in each.
27. The Main Building is a security coverage nightmare. Only two correctional officers are assigned per shift to cover the three floors. Because one officer must always cover the front entrance, the second officer must try to cover the rest of the building, an impossible task.
28. For six shifts a week there is no supervisor at the prison for the two buildings. WCC is ill-prepared to deal with a medical emergency, disturbance,, escape, suicide attempt or other emergency.
29. The Main Building is a severe fire hazard. It has not been adequately refitted for use as a prison under the Life Safety Code. It lacks fire separation walls between authorized smoke compartments, an automatic alarm system and a complete sprinkler system. In the event of a serious fire, it would be virtually impossible to evacuate everyone safely. Each cell and exit door is individually locked and can only be opened by the two officers on duty. Likewise, all the fire extinguishers are kept under lock and key accessible only by staff. There are no lighted signs to

indicate the exit locations and one of the second floor exits is partially blocked because the stairway landing is used as a staff lounge. The stairwells and steps are very steep and lack proper lighting and skid treads. Fire in the stairwell would prohibit evacuation from the basement. A power outage, common in a fire emergency, would throw an evacuation into complete chaos because there is no back-up emergency lighting capability. The state's own architectural assessment of the Main Unit's fire system gave it a grade of D+.
30. Fire drills have not been conducted at the Expansion Unit since 1990. No standing emergency plans exist. The Fire Marshall has not inspected WCC since November, 1991.
31. Opportunities to create and hide contraband in the Main Building abound. The walls are cracked, tiles are missing from the floors, light bulbs are routinely uncovered, light sockets and fixtures are frequently loose, and exposed heating and water pipes run along the ceilings. With only two correctional officers on each shift, the safety of the women cannot be assured during routine operations, and especially in an emergency.
32. Ventilation is grossly inadequate. Upon entering the Main Building, one encounters the smell of mold and mildew. Sewer gas is present in all the rooms and several of the rooms reek of gas fumes from the boiler. In the winter, the rooms are so overheated that the women must leave their windows open to reduce the temperature and to escape the fumes.
33. There is no effective preventive maintenance, cleaning
8

and repair program. Blocks are missing from the bathroom walls and mortar frequently cracks and falls down, leaving gaping holes. Mold and mildew flourish and paint is peeling everywhere.
34. Food is prepared in the Montana State Hospital kitchen and transported to the Main Building and Extension Unit for service in electric carts that do not maintain proper temperatures and often sit unplugged outside the buildings while count or line-up takes place. No food temperatures are taken. Leftover meals are re-served later as snacks without utilizing appropriate sanitation and storage procedures.
35. Meals in the Expansion Unit are served in a small, unsanitary room not equipped for food service. Aprons are washed only once a week. While silverware and trays are washed off-site (and often return soiled) the women retain and wash their own dishes in tap water with generic dish soap. No water temperatures are taken and bleach is only occasionally provided. Institutional standards for sterilizing food dishes after each meal are violated daily.
36. The defendants are aware of these serious threats to the health and safety of women prisoners at WCC yet have responded with deliberate indifference. B. MEDICAL AND MENTAL HEALTH CARE
37. While medical management of women prisoners is a recognized correctional mandate due to their health profile, the health care available to women prisoners at WCC is best characterized by what is lacking.

38. Health care at WCC is woefully understaffed. The doctor from Montana State Prison, the men's prison at Deer Lodge, attends WCC once -a week. Until April 19, 1993, WCC did not have a permanent nurse on staff; nursing services were provided by a parttime temporary contract nurse. Even now that the nursing position is filled, coverage is unavailable on the second and third shifts and weekends.
39. Because of medical understaffing, untrained correctional officers are responsible for the distribution of medicines, including psychotropics, and screening of medical complaints.
40. There is no sick call at WCC. Women must submit complaints to correctional staff at pill call. Appointments with the doctor are scheduled through correctional staff or the nurse if available; prisoners have no ability to contact the doctor directly through request slips ("kites") or to receive a medical assessment of an immediate problem.
41. Women in the Main Unit usually have an opportunity to see the nurse once a day at a pill call; however, the nurse does not routinely visit the Expansion Unit, even for pill call, unless "kited".
42. WCC has no treatment, infirmary or medical isolation facilities. Other than an initial intake examination, almost all medical problems must be treated off premises at the infirmary at Montana State Prison or specialty clinics in Butte. Scheduling and transportation delays are not uncommon. Women with hepatitis or other communicable diseases are sent to the sama segregation cells
10

that are used for all forms of non-medical segregation. Some women

are confined to their rooms with infectious medical problems.

43. 'Medical records are maintained primarily by untrained

correctional staff. There are few physician or nurse progress

notes in the charts. Laboratory results and specialist orders are

telephoned to the doctor by untrained correctional staff.

Prisoners are not generally informed of abnormal initial pap smear

laboratory results. No-sign-off or follow-up system is in place to

assure medical management of a known problem.

44. The prenatal care afforded pregnant women is deficient.

They do not receive regular routine monthly physical screenings or

weekly screenings during the ninth month.

Extra dietary

supplements are not provided. Pregnant women assigned to the Main

Building must climb up and down steps to reach housing and program

space.

45. Requests for special medical diets are sent to the

Montana State Hospital kitchen but WCC has no system for assuring

compliance.

46. Approximately a third of the prisoners at WCC are on

psychotropic medications. The use of psychotropic drugs has become

a management tool. Delays or failures in testing for toxicity

levels are common. Women feel coerced into taking psychotropic

medications at times.

47. Actively psychotic women are kept in isolation without

adequate access to mental health professionals. The transfer

policy from WCC to the psychiatric unit at the Montana State

11

Hospital is deficient in that WCC prisoners in need of psychiatric services are not appropriately referred, or, when referred, are refused admission.
48. Mental health services are inadequate. A psychiatrist visits only two times a month, primarily for the purpose of prescribing drugs. There is no full time psychologist on staff. Such limited psychiatric and psychological contact is insufficient to meet the needs of those prisoners who have mental health problems.
49. WCC has no current written suicide precaution policy. Women on suicide precaution are isolated in segregation cells. The segregation cell log, used for recording segregation for all purposes, is posted outside the segregation units, thus affording no confidentiality. Prisoners are being "trained11 to check on suicidal women in segregation because of staff shortages. WCC averages two suicide precautions a month.
50. There is no specific policy on the use of restraints or use of force. Staff may use four-point restraints and there is no set time in which restrained prisoners must be seen or taken out for bathroom and "stretch" time. Health care staff are not notified to examine women after the use of restraints or force. Prisoner injuries of whatever cause are recorded in incident reports which are not routinely provided to health care staff or filed in medical records.
51. WCC is located more than seventeen miles from the nearest emergency room yet it does not have an emergency vehicle in which
12

to transport women in the event of a medical emergency. if an ambulance is needed, the Powell County Hospital, seventeen miles away, is " contacted. Staff shortages prohibit transporting emergencies at night.
52. WCC has no system of quality assurance for its health care. There is also no system for auditing the distribution of medicines, thus there is no accountability for narcotics, psychotropics and other dangerous drugs.
53. Defendants are aware of all these systemic deficiencies in medical and mental health care which have persisted throughout the life of the WCC. Women experience serious harm to their present health, risk grave harm to their future health and suffer unnecessary pain, yet the defendants are deliberately indifferent to their prisoner's serious medical and mental health needs. C. DISCRIMINATION AGAINST PRISONERS WITH DISABILITIES
54. WCC does not meet federal standards for treatment of people with disabilities. Solely because of their handicaps, prisoners with disabilities are excluded from participation in, and denied the benefits of, housing, services, facilities and programs offered at WCC and for which they are otherwise qualified.
55. WCC facilities present; formidable barriers to women with mobility disabilities. The Main Building has no ramps or elevators and only one handrail, making the living and program space inaccessible to some prisoners.
56. Several women with mobility disabilities are assigned to the Expansion Unit because the Main Building cannot accommodate
13

;|P'%
them. These prisoners are housed with women who have demonstrated behaviors warranting formal disciplinary actions and they are unable to'participate in programs offered in the Main Unit. For example, Bonnie Rogers, a named plaintiff, resides in the Expansion Unit because she is unable to manage the stairs in the Main Building. As a result, she is denied the opportunity to participate in Main Building programs for which she is otherwise qualified.
57. Defendants have failed to make reasonable accommodations for prisoners with disabilities. Other prisoners are reguired to assist disabled prisoners with routine functions.
58. The Montana Department of Corrections and Human Services receives federal financial assistance. D. CLASSIFICATION. DISCIPLINE AND DUE PROCESS
59. Enforcement of prisoner discipline at WCC is arbitrary and capricious. Prisoners are unable to determine the difference between disciplinary, classification and administrative procedures or designations.
60. Segregation cells used for divergent purposes, including suicide watch, punishment and medical isolation, are located together and women in these cells are treated similarly. WCC lacks confinement policies for administrative segregation, protective custody and maximum custody.
61. The Expansion Unit is designated for close and maximum custody, yet all custody levels have been assigned there on an arbitrary and discriminatory basis. The lack of adequate bed space
14

forces these arbitrary housing decisions. 62. Women assigned to the Expansion Unit for whatever reason,
including* women assigned there solely because of their disabilities, are subjected to harsher conditions than those assigned to the Main Unit. The waiting lists for programs are much longer for women there. Those who need to participate in a program for chemical dependency or sex abuse must choose between the program and outside exercise time, whereas women in the Main Building may have both. Exercise in the Expansion Unit, in any event, is limited to one hour a day, five days a week, the minimum afforded locked-down prisoners under American Correctional Association standards. Visitation is more limited in the Expansion Unit than in the Main Unit; there is no separate room for overnight visits with children as there is in the Main Building.
63. Women in the Expansion Unit are denied reasonable access to basic necessities of hygiene and are subjected to painful and humiliating treatment. They must raise their hands and receive permission to use the bathroom or to take a shower. Only one prisoner is allowed in the bathroom at a time. One woman who has urinary incontinency is embarrassed because the other women are required to clean up after her.
64. The defendants' deliberately indifferent failure to provide minimal privacy inflicts psychological pain upon women in the Expansion Unit. There are no curtains on the windows in the cells in the Expansion Unit. Women whose cells face the men's wing must undress and live in full view of the men and endure their
15

catcalls. When they put up towels for privacy they are ordered to remove them.
65. The defendants have no policy on the assignment of women to a pre-release center. Prisoners are unaware of what they must do to progress to pre-release. Screening requirements for prerelease are inconsistent. E. SEX DISCRIMINATION
66. Women incarcerated at WCC are suffering invidious discrimination because of their sex. The facilities, programs, services and privileges available to women are far inferior to those available to men incarcerated in the Montana State Prison and are often based upon sexual stereotyping. This discrimination pervades every aspect of institutional life.
Education, 67. Women at WCC are offered GED preparation and Adult Basic Education while incarcerated, but no college level courses are available, whereas men at Montana State Prison have the "opportunity to take college courses and College of Great Falls telecommunications educational programs. Employment 68. There are only two industries employing women at WCC: data entry for the Montana Highway Patrol (three positions) and sewing for the Montana Correctional Industries (seven positions). The remaining job opportunities for women are limited to in-house assignments doing cleaning, food service, clerical work and school, which is considered a "job." On-the-job-training consists of tasks
16

associated with housekeeping, secretarial work, baking, and working in the canteen and library. Except for the sewing positions, all of these jobs occupy no more than three hours a day. Over twenty women have no job at all.
69. In contrast, men at Montana State Prison have extensive employment opportunities. These include prison industries in logging; furniture manufacture and restoration; sign manufacture; printing; and license plate manufacture. Men also work on the prison ranch and dairy operations.
Vocational Training 70. There is no vocational curriculum or training for women at WCC beyond the jobs described above. Men, in contrast, may enroll in the following vocational industries: telemarketing; horticulture; motor vehicle maintenance; industrial arts; meat cutting; and business skills. Recreation 71. Recreation opportunities for women at WCC, while considered important, are simply not comparable to those available for men at Montana State Prison. The men have a large gymnasium for basketball and other indoor sports as well as a fully-equipped weight room. In contrast, the women in the Main Unit have no gym at all and must use the gym at the State Hospital. The Expansion Unit contains a small, unfurnished room called a gym but which is inadequate for basketball and has no hoop. The "fitness" rooms in each unit are poorly equipped compared to the men's. The men also have spacious facilities and materials for hobbycraft and a shop to
17

sell their goods to the public. The women have nothing of the sort.
Religious Services 72. Women at WCC are not offered formal corporate religious services on a weekly basis. Instead, a Protestant and a Catholic chaplin visit once a week for Bible studies. No Spiritual Leader is available for Native American women and they do not have a Sweat Lodge. Male prisoners have the opportunity to participate in weekly religious services and Montana State Prison has a Sweat Lodge. Visitation 73. Visitation for women at WCC must take place on alternating weekends for two hours each in the mornings and afternoons in the multi-purpose room. Inadequate visitation makes it difficult to maintain family ties, particularly mother/child bonds. Male prisoners have unlimited visitation five days a week. F. LEGAL ACCESS 74. WCC deprives women of their right of access to the courts. The law book area in the Main Unit has no federal reporters. While its Montana code is current, the annotations are not. This area lacks digests and other research tools so that unless a prisoner knows what to order from the Montana State Prison law library, that resource is unavailable. Likewise, women in the
Expansion Unit may order books from the Main Unit but have no digests or research tools to assist then.
75. The clerk assigned to the Main Unit law area is not
18

trained; no clerk is assigned to the Expansion Unit area. The

Montana Defender Project is supposed to train clerks and assist

prisoners-but is only able to conduct sentence reviews.

76. Male prisoners at Montana State Prison have a large,

well-lit and amply stocked law library. It is equipped with

typewriters, desks, copying machines and reading areas and is

covered by staff and trained prisoner clerks.

CAUSES OF ACTION

X /

77. With respect to each and every following cause of action,

plaintiffs re-allege and re-incorporate by reference all of the

allegations contained in paragraphs l through 76.

78. Defendants' acts and omissions constitute deliberate

indifference to plaintiffs' serious medical, environmental, health,

safety and privacy needs, violating the Eighth Amendment's

prohibition against cruel and unusual punishment.

79. The failure of defendants to accommodate disabled

prisoners discriminates against these prisoners in violation of

§504 of the Rehabilitation Act of 1973, 29 U.S.C. §701 e£. s^g., as

amended by the Civil Rights Restoration Act of 1987 and the

Americans with Disabilities Act of 1990, 42 U.S.C §12132.

80. Defendants' arbitrary and discriminatory classification,

discipline, due process and good time procedures deny plaintiffs

due process of lav in violation of the Fourteenth Amendment.

81. Defendants' acts and omissions in providing women

prisoners inferior facilities and programs to those provided men

prisoners deny plaintiffs the equal protection of the laws in

19

violation of the Fourteenth Amendment. 82. Defendants' acts and omissions deprive plaintiffs of
their right of access to the courts protected by the First and Fourteenth Amendments, as well as constitute invidious sex discrimination in violation of the Equal Protection clause of the Fourteenth Amendment.
PRAYER FOR RELIEF 83. Plaintiffs and the class they represent have no adequate remedy at law to redress the wrongs they have suffered as set forth in this complaint. Plaintiffs have suffered and will continue to suffer, irreparable injury as a result-of the unlawful acts and omissions of the defendants as alleged herein unless they are granted the relief they request. 84. WHEREFORE, plaintiffs, on behalf of themselves and the class they represent, request that this Court grant them the following relief: (a) certify the class of all women who are now or who will be in the future under the custody of or under the supervision of the Montana Department of Corrections; (b) adjudge and declare that the acts and omissions of the defendants, their agents and employees and all persons acting in concert with them under color of state law violate the First, Eighth and Fourteenth Amendments to the United States Constitution,
the Rehabilitation Act of 1973 and the Americans with Disabilities
Act of 1990;
(c) issue preliminary and permanent injunctions sufficient to
20

rectify the unconstitutional and unlawful acts and omissions
complained of herein;
(d) retain jurisdiction in this case until the
unconstitutional and unlawful acts and omissions complained of
herein no longer exist and will not recur;
(e) award plaintiffs the costs and expenses of maintaining
this action, including reasonable attorneys' fees pursuant to 42
U.S.C. §1988; and,
(f) grant any other relief that this Court deems just and
proper.
W \\ \\
w w \\ w w w w w \\ w w w w
21

Dated:

Respectfully submitted,

Alexa P. Freeman ACLU National Prison Project 187 5 Connecticut Ave. N.w. Suite 410 Washington, DC 20009 (202) 234-4830

Gray

/^

ACLU of Montana Foundation

Box 3012

Billings, MT 59103

(406) 252-2166

Penelope S. Strong P.O. Box 804 Livingston, MT 59047 (406) 222-2556

22

 
 FILED
:SH DEC 16 fin 9 35
LOU A L L K 3 : C : I , JR. CLERK BY. IN THE UNITED STATES DISTRICT COURT V/L"RK
FOR THE DISTRICT OF MONTANA
BUTTE DIVISION

KAY MANY HORSES, et al.,

Plaintiffs,

vs.

MARC RACICOT, Governor,

et al.,

~ " '.

Defendants.

CV-93-037-BU-PGH ORDER

Upon stipulation of the parties and good cause shown therefore,
IT IS ORDERED that the clerk of Court administratively close the file in the above-captioned case, the court retaining jurisdiction over this matter.
DONE AND DATED this 0.6th day oT^EGefiejnber, 1994.

ROBERT M. HOLTER UNITED STATES MAGISTRATE JUDGE

Many Horses v. Racicot PC-MT-002-003

 
 David L. Ohler Department of Corrections
and Human Services 1539 Eleventh Avenue Helena, Montana 59601
P. Keith Keller Keller, Reynolds, Drake,
Johnson & Gillespie, P.C. 38 South Last Chance Gulch Helena, Montana 59601

'G7 o:-: .

•:,;

"

*

*

—

Many Horses v. Racicot

8

PC-MT-002-004

9

IN THE UNITED STATES DISTRICT COURT

10

DISTRICT OF MONTANA, BUTTE DIVISION

\\

**********

12 KAY MANY HORSES, et al.,

)

No. CV 93-37-BU-PGH

13

Plaintiffs,

14 V. 15 MARC RACICOT, Governor, et al.)

STIPULATION AND ORDER FOR DISMISSAL WITH PREJUDICE

)

16

Defendants.

)

17

**********

18

IT IS HEREBY STIPULATED AND AGREED, by and between the

19 parties hereto, acting by and through their respective counsel of 20 record, that the above-entitled action has been fully settled on

21 the merits, and that the same may now be dismissed with prejudice.

22

DATED this lit**- day of

1997.

2 3 ACLU NATIONAL PRISON PROJECT 1875 Connecticut Avenue, N.W.

24 Suite 410 Washington, D.C. 20009

25

BY

t

2 6 Elizabeth Alexander

David L. Ohler

Department of Corrections

and Human Services

1539 Eleventh Avenue

Helena, Montana

59620

1. STIPULATION AND ORDER FOR DISMISSAL WITH PREJUDICE

1 Kyle A. Gray
2 ACLU of Montana Foundation P. O. Box 3012
3 Billings, Montana 59103
4 Penelope S. Strong P. 0. Box 804
5 Livingston, Montana 59047 Attorneys for Plaintiffs
6

KELLER, REYNOLDS, DRAKE, JOHNSON & GILLESPIE, P.C. 38 South Last Chance Gulch Helena, Montana-:.!..
BY: Keith Kellelf Attorney^ for Defendants

7

8

9

10

ORDER

11

Upon reading the foregoing Stipulation signed by the

12 respective counsel of record in this action,

13

IT IS HEREBY ORDERED, that the above-entitled action be, and

14 the same is, hereby dismissed as having been fully settled on the

15 merits and is now dismissed with prejudice.

16

DATED this Fl day of , Q < / ( i ^ /

1997.

17

7

f AUL G . HATFIEU5 18

Paul G. Hatfield

19

Senior Judge

20

21

22

23

24

25

26

2. STIPULATION AND ORDER FOR DISMISSAL WITH PREJUDICE

 
 •J

Stuart H. Adams,- Jr. Marjorio Rifkin ACLU National*. Prison Project 1875 Connecticut Ave. N.W. Suite 410-•*£$ . Washington^ D.C. 20009 202-234-483^
Penelope-S. Strong Attorney- at Law P. 0. Box 804 Livingston, Montana 59047 406-222-3301
8 Kyle A. Gray ACLU of Montana Foundation P. O. Box 3012 Billings, Montana 59103
10 406-252-2166

11 Attorneys for Plaintiffs

12

13

14

15

IN THE UNITED STATES DISTRICT COURT

DISTRICT OF MONTANA, BUTTE DIVISION

16

17

KAY MANY HORSES, et al.,

)

No. CV 93-37-BU-PGH

18

)

Plaintiffs,

)

19

)

vs.

)

20 MARC RACICOT, Governor, et al.))

21

Defendants,

)

22

STIPULATION TO SUSPEND PRETRIAL SCHEDULING ORDER.

**********

23

24

Plaintiffs: and Defendants, by and through their counsel of

25 record, stipulate and agree to the suspension of the stipulation

26 and pretrial scheduling order in this case dated August 30, 1994.

1. STIPULATION TO SUSPEND PRETRIAL SCHEDULING ORDER

1

.

INTRODUCTION

2 - Oa April 21, 1993, the Plaintiffs filed a class action lawsuit

oa behalf ot a class composed of all adult female prisoners who are

now or who in the future will be in the custody of or under the

supervision of the State of Montana Department of Corrections and

housed at the Women's Correctional Center ("WCC"). Plaintiffs

alleged that Defendants (1) are deliberately indifferent to

8 Plaintiffs' serious health needs and environmental safety; (2) deny

them meaningful access to the courts; (3) fail to provide the due

10 process classification procedures and disciplinary proceedings;

11 (4) deny them equal protection of the law in the provision of

12 programs; and (5) deny them freedom of religion. Plaintiffs also

13 allege that Defendants have discriminated against disabled

14 prisoners in programming opportunities in violation, of the

15 Americans with Disabilities Act af 1990, 42 U.S.C. S12132.

16 Pursuant to pretrial scheduling orders dated August 3, 1993, and

17 August 30, 1994, the parties engaged in extensive discovery and

18 formal settlement negotiations.

19

The parties have recognized that the move from the WCC from

20 Warm Springs, Montana, to Billings, Montana, in September 1994 has

21 presented both an opportunity for the parties to resolve ultimately

22 their dispute and/or to avoid the need for unnecessary or

23 repetitious! discovery based on changed circumstances pretrial.

24 Therefore, the parties agree to the suspension of the pretrial

25 scheduling order in this case pursuant to the following interim

26 Agreement:

2. STIPULATION' TO SUSPEND PRETRIAL SCHEDULING ORDER

1

INTERIM AGREEMENT?

2

The parties agree to postpone all discovery in this case,

unless otherwise provided in this agreement, for twelve (12) months

from the date of entry of this agreement. Within a twelve (12)

month period after entry of the agreement, the parties agree to the

following:

1. The Defendants agree to relocate the Women's Correctional
8 Center (WCC) from its current location in Warm Springs, Montana, to

the Rivendell Building in Billings, Montana, by October 1994.

10

2. The Defendants agree to provide an environmentally safe

11 residence for women at WCC with regard to sanitation and fire

12 safety in compliance with the United States Constitution.

13

3. The Defendants agree to provide women house at WCC an

14 adequate diet in compliance with the United States Constitution.

15

4. The Defendants agree to provide adequate medical and

16 mental health care services to women housed in WCC in compliance
17 with the United States Constitution.

18

5. The Defendants agree to provide women housed at WCC

19 access to the courts in compliance with the United States

20 Constitution.

21

6. The Defendants agree to provide women housed at WCC adult

22 basic education/GBB preparation.

23

7.. TheW Defendants agree to provide women housed in WCC

•»

.

.'..'..•'

•

••

-••-

24 programs to assist them as individually appropriate, in inter-

25 personal skills, parenting skills, and overcoming emotional

26

3. STIPULATION TO SUSPEND PRETRIAL SCHEDULING ORDER

problems and. substance abuse through chemical dependency and related, mental health, counseling.

8. The?Defendants agree to comply with the Americans with

Disabilities Act (ADA), to the extent it is applicable to a. penal

institution, in the provision of access to programs and services to

prisoners housed at WCC.

9. The Defendants agree to maintain uniform procedures and

8 policies for the enforcement of prisoner discipline for women

housed in WCC.

10

10. The Defendants agree to maintain written confinement

11 policies and procedures for administrative segregation, protective

12 custody and maximum custody for women housed at WCC.

13

11. The Defendants agree to maintain policies and procedures

14 on the assignment of WCC women to pre-release centers.

15

12. The Defendants agree to permit Plaintiffs' experts to

16 evaluate all relevant programs and to tour all relevant facilities

17 within the WCC twelve (12) months after this agreement is entered

18 at Plaintiffs' expense.

19

13. In entering this agreement, Plaintiffs do not waive their

20 right to move to reopen discovery at any time upon a showing to the

21 Court of an. emergency.

22

14. Parties agree to enter into negotiations to attempt to

23 settle ..any dispute prior to the filing of a motion to the Court to

24 reopen discovery.

25

15. in entering this agreement, the Defendants do not admit

26 any of the allegations of Plaintiffs' complaint and do not admit

4. STIPULATION TO SUSPEND PRETRIAL SCHEDULING ORDER

1 that any conditions at WCC are or ever have been constitutionally

2 inadequate.

3

16. In entering this agreement, Plaintiffs do not waive their

4 rights to seek additional relief from the Court upon the conclusion

5 of the expert tours.

6

17. The Plaintiffs reserve their rights to seek attorneys'

7 fees in this litigation and the Defendants reserve their rights to

8 contest the same.

9

DATED this JL«Lday of H/KAn****^-

1994.

10

11

P. Kei«r-Keller y

12 Jacqueline T. Lenmark

KELLER,IREYNOLDS, DRAKE, 13 JOHNSON & GILLESPIE, P.C.

38 South Last Chance Gulch

14 Helena, Montana

59601

Stuart H. Adams, Jr. Marjorie Rifkin ACLU National Prison Project 1875 Connecticut Avenue, NW Suite 410 Washington, D.C. 20009

15 David L. Ohler Department of Corrections
16 and Human Services
1539 Eleventh Avenue 17 Helena, Montana 59620

Penelope S. Strong Attorney at Law P. 0. Box 804 Livingston, Montana 59047

18 Bill Gianoulias

Department of Corrections

19 and Human Services

1539 Eleventh Avenue

20 Helena, Montana

59620

Kyle A. Gray ACLU of Montana Foundation P. O. Box 3012 Billings, Montana 59103

21 Attorneys for Defendants

Attorneys for Plaintiffs

22

23

24

25

26

5. STIPULATION TO SUSPEND PRETRIAL SCHEDULING ORDER

1)

1

ORDER

2

Plaintiffs' and Defendants Stipulation suspending the Pretrial

3 Scheduling Order pursuant to Interim Agreement dated the

day

4 Of

, 1994, IS SO ORDERED.

5

DONE AND DATED this

day of

.

/ 1994.

6

7 United States Magistrate Judge
8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

6. STIPULATION TO SUSPEND PRETRIAL SCHEDULING ORDER

CERTIFICATE OF SERVICE
This is to certify that the Parties' Stipulation to Suspend Pre-trial Scheduling Order was mailed first class, postage prepaid, on November 22, 1994 to the defendants' counsel, P. Keith Keller, Keller, Reynolds, Drake, Johnson & Gillespie, P.C., 38 South Last Chance Gulch, Helena, Montana 59601.
Stuart H. Adams, Jr.

 
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Page 1 of 21

Docket as of August 20, 2003 12:56 pm

Web PACER (v2.4)

U.S. District Court
U.S. District Court of Montana (Butte)
CIVIL DOCKET FOR CASE #: 93-CV-37
Many Horses, et al v. Racicot, et al
Filed: 04/21/93 Assigned to: Judge Paul G. Hatfield Referred to: Mag Judge Robert M. Holter
Demand: $0,000 Nature of Suit: 550 Lead Docket: None Jurisdiction: Federal Question Dkt# in other court: None Cause: 42:1983 Prisoner Civil Rights

KAY MANY HORSES plaintiff

Kyle A. Gray [COR LD NTC] HOLLAND & HART PO Box 639 Billings, MT 59103-0639 406-252-2166 FTS 252-1669
Penelope S. Strong [COR LD NTC] STRONG LAW OFFICE PO Box 1257 Billings, MT 59103 406-248-4855 FTS 259-1609
Alexa P. Freeman [COR LD NTC] ACLU NATIONAL PRISON PROJECT 1875 Connecticut Avenue NW Suite 410 Washington, DC 20009 202-234-4830
Mark J. Lopez [COR LD NTC] THE NATIONAL PRISON PROJECT 733 15th Street NW Suite 620

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9/22/2005

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LINDA RODRIGUEZ plaintiff
STEPHANIE VORIS plaintiff
GERALDINE KIEFER plaintiff
LORI DOANE plaintiff

Washington, DC 20005 202-393-4930 FTS 393-4931
Kyle A. Gray (See above)
[COR LD NTC]
Penelope S. Strong (See above) [COR LD NTC]
Alexa P. Freeman (See above) [COR LD NTC]
Mark J. Lopez (See above) [COR LD NTC]
Kyle A. Gray (See above) [COR LD NTC]
Penelope S. Strong (See above) [COR LD NTC]
Alexa P. Freeman (See above) [COR LD NTC]
Mark J. Lopez (See above) [COR LD NTC]
Kyle A. Gray (See above) [COR LD NTC]
Penelope S. Strong (See above) [COR LD NTC]
Alexa P. Freeman (See above) [COR LD NTC]
Mark J. Lopez (See above) [COR LD NTC]
Kyle A. Gray (See above) [COR LD NTC]
Penelope S. Strong

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Page 2 of 21 9/22/2005

U.S. District Court Web PACER(v2.4) Docket Report

LUCY MARIE REDCROW plaintiff
KATHLEEN YVONNE BESSETT plaintiff
JANICE MCCORD plaintiff

(See above) [COR LD NTC]
Alexa P. Freeman (See above) [COR LD NTC]
Mark J. Lopez (See above) [COR LD NTC]
Kyle A. Gray (See above) [COR LD NTC]
Penelope S. Strong (See above) [COR LD NTC]
Alexa P. Freeman (See above) [COR LD NTC]
Mark J. Lopez (See above) [COR LD NTC]
Kyle A. Gray (See above) [COR LD NTC]
Penelope S. Strong (See above) [COR LD NTC]
Alexa P. Freeman (See above) [COR LD NTC]
Mark J. Lopez (See above) [COR LD NTC]
Kyle A. Gray (See above) [COR LD NTC]
Penelope S. Strong (See above) [COR LD NTC]
Alexa P. Freeman (See above) [COR LD NTC]
Mark J. Lopez (See above)

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U.S. District Court Web PACER(v2.4) Docket Report

BONNIE ROGERS plaintiff
ON THEIR OWN BEHALF AND ON BEHALF OF ALL OTHER PERSONS SIMILARLY SITUATED
plaintiff v. MARC RACICOT, Governor, sued in his official capacity
defendant

[COR LD NTC]
Kyle A. Gray (See above) [COR LD NTC]
Penelope S. Strong (See above) [COR LD NTC]
Alexa P. Freeman (See above) [COR LD NTC]
Mark J. Lopez (See above) [COR LD NTC]
P. Keith Keller [COR LD NTC] KELLER REYNOLDS DRAKE JOHNSON & GILLESPIE 50 S Last Chance Gulch 3rd Floor Helena, MT 59601 406-442-0230 FTS 449-2256
David L. Ohler [COR LD NTC] MONTANA DEPARTMENT OF CORRECTIONS Box 201301 1539 Eleventh Avenue Helena, MT 59620-1301 406-444-5682

RICK DAY, Director, Department of Corrections and Human Services, sue in his official capacity
defendant

Kimberly A. Kradolfer [COR LD NTC] MONTANA DEPARTMENT OF JUSTICE PO Box 201440 Helena, MT 59620-1440 406-444-2026 FTS 444-4303
P. Keith Keller (See above) [COR LD NTC]
David L. Ohler (See above)

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U.S. District Court Web PACER(v2.4) Docket Report

STEVE MACASKILL, Warden, Women's Correctional Center at Warm Springs, sued in his official capacity
defendant
LOUISE MCCLOUD, Correctional Treatment Supervisor and Chair of Classification Board, sued in her official capacities
defendant
JAMES GAMBLE, Administrator, Corrections Division, sued in his official capacity aka James "Mickey" Gamble
defendant

[COR LD NTC]
Kimberly A. Kradolfer (See above) [COR LD NTC]
P. Keith Keller (See above) [COR LD NTC]
David L. Ohler (See above) [COR LD NTC]
Kimberly A. Kradolfer (See above) [COR LD NTC]
P. Keith Keller (See above) [COR LD NTC]
David L. Ohler (See above) [COR LD NTC]
Kimberly A. Kradolfer (See above) [COR LD NTC]
P. Keith Keller (See above) [COR LD NTC]
David L. Ohler (See above)

[COR LD NTC]
Kimberly A. Kradolfer (See above) [COR LD NTC]

Page 5 of 21

DATE #

DOCKET PROCEEDINGS
DOCKET ENTRY

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Page 6 of 21

4/21/93 1 4/21/93 2 4/21/93 -4/23/93 -5/3/93 3 5/3/93 -5/11/93 4 5/13/93 5
5/13/93 6
6/4/93 7 6/8/93 8
6/21/93 9
6/22/93 -6/23/93 10
6/24/93 11 7/9/93 12

COMPLAINT (6 Summonses issued, origs to cnsl) (dls) [Entry date 04/23/93]
MOTION by Kyle A. Gray for attorneys Alexa Perry Freeman and Penelope Sue Strong to appear pro hac vice (dls) [Entry date 04/23/93]
PROPOSED Order to appear pro hoc vice. Received check for fee in amt of $60.00. (dls) [Entry date 04/23/93]
REMARK Mailed file to Clerk, G. F. (dls)
ORDER by Judge Paul G. Hatfield granting motion for attorneys Alexa Perry Freeman and Penelope Sue Strong to appear pro hac vice [2-1] (cc: all counsel) (mjg)
FINANCIAL ENTRY re [3-1]; $60. fee pd for admission of Freeman & Strong/receipt #12494 (mjg)
RETURN OF SERVICE executed upon defendant Marc Racicot on 5/6/93 (mjg) [Entry date 05/12/93]
ACCEPTANCE/ACKNOWLEDGEMENT OF SERVICE by defendant Marc Racicot, defendant Rick Day, defendant Steven A. MacAskill, defendant Louise McCloud, defendant James "Mickey" Gamble on 4/22/93 (mac) [Entry date 05/14/93]
MOTION by defendant Marc Racicot, defendant Rick Day, defendant Steven A. MacAskill, defendant Louise McCloud, defendant James "Mickey" Gamble to dismiss (mac) [Entry date 05/14/93]
ORDER by Judge Paul G. Hatfield denying motion to dismiss dft.'s Racicot, Day, Gamble, Macaskill & McCloud granted (15) days to further plead [6-1] (cc: all counsel) (cad)
ATTORNEY APPEARANCE for defendant Marc Racicot, defendant Rick Day, defendant Steven A. MacAskill, defendant Louise McCloud, defendant James "Mickey" Gamble by P. Keith Keller (cad) [Entry date 06/09/93]
ANSWER by defendant Marc Racicot, defendant Rick Day, defendant Steven A. MacAskill, defendant Louise McCloud, defendant James "Mickey" Gamble to [1-1] (mac) [Entry date 06/22/93]
REMARK - file delivered to court for PPT conference (mac)
ORDER by Judge Paul G. Hatfield Case referred to Mag Judge Robert M. Holter for all pretrial proceedings (cc: all counsel) (lav)
ORDER by Mag Judge Robert M. Holter; case management ddl 7/12/93 for parties to file PPT and prediscovery disclosure statements (cc: all counsel) (mac)
PRE-DISCOVERY DISCLOSURE STATEMENT of facts by defendant

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Page 7 of 21

7/9/93 13
7/12/93 14
7/12/93 15
7/14/93 16 7/22/93 17 7/22/93 -7/26/93 -8/3/93 18 8/3/93 19 8/3/93 -8/18/93 20
8/30/93 21 8/30/93 22 8/31/93 23 9/20/93 24 10/27/93 25

Marc Racicot, defendant Rick Day, defendant Steven A. MacAskill, defendant Louise McCloud, defendant James "Mickey" Gamble (snyb)
PRELIMINARY PRETRIAL STATEMENT of facts by defendant Marc Racicot, defendant Rick Day, defendant Steven A. MacAskill, defendant Louise McCloud, defendant James "Mickey" Gamble (snyb)
PRELIMINARY PRETRIAL STATEMENT of facts by defendant Marc Racicot, defendant Rick Day, defendant Steven A. MacAskill, defendant Louise McCloud, defendant James "Mickey" Gamble (mac) [Entry date 07/13/93]
PREDISCOVERY DISCLOSURE STATEMENT of facts by defendant Marc Racicot, defendant Rick Day, defendant Steven A. MacAskill, defendant Louise McCloud, defendant James "Mickey" Gamble (mac) [Entry date 07/13/93]
ORDER by Mag Judge Robert M. Holter; Pretrial conference at 10:00 a.m., 8/3/93 in GREAT FALLS (cc: all counsel) (mac)
MOTION by plaintiff for attorney Stuart H. Adams, Jr. to appear pro hac vice (mac) [Entry date 07/23/93]
PROPOSED Order re motion [17] - called counsel for admission fee (mac) [Entry date 07/23/93]
FINANCIAL ENTRY re [17-1] - Receipt 012620 for $30.00 (mac)
ORDER by Mag Judge Robert M. Holter granting motion for attorney Stuart H. Adams, Jr. to appear pro hac vice [17-1] (cc: all counsel) (mac)
STIPULATION and ORDER by Mag Judge Robert M. Holter: Pretrial order ddl due 9/30/94; discovery complete by 8/2/94 (cc: all counsel) (mac)
ENTERED RECORD OF COURT PROCEEDINGS before Judge Robert M. Holter (Joan P. Agamenoni, CR) - PPTC held. (mac)
MOTION by defendant Louise McCloud, defendant Steven A. MacAskill, defendant James "Mickey" Gamble, defendant Rick Day, defendant Marc Racicot for appearance of additional counsel for State of Montana defendants (rew)
MOTION by plaintiffs with concurrence of defendants to certify class action (mac) [Entry date 08/31/93]
MEMORANDUM/BRIEF by plaintiff in support of motion to certify class action [21-1] (mac) [Entry date 08/31/93]
ORDER by Mag Judge Robert M. Holter granting motion to certify class action [21-1] (cc: all counsel) (mac)
STIPULATION BY ALL re experts tours (mac) [Entry date 09/22/93]
MOTION by plaintiff Bonnie Rogers, plaintiff Janice McCord,

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Page 8 of 21

10/27/93 -10/29/93 -11/30/93 26 1/7/94 27
1/26/94 28 3/4/94 29 4/13/94 30
4/18/94 31 4/21/94 32 4/26/94 33 5/9/94 34 6/6/94 35

plaintiff Kathleen Yvonne Bessett, plaintiff Lucy Marie Redcrow, plaintiff Lori Doane, plaintiff Geraldine Kiefer, plaintiff Stephanie Voris, plaintiff Linda Rodriguez, plaintiff Kay Many Horses, plaintiff All others for attorney Marjorie Rifkin to appear pro hac vice (mac) [Entry date 10/28/93]
PROPOSED Order re: motion for attorney Marjorie Rifkin to appear pro hac vice [25-1] - counsel to forward check (mac) [Entry date 10/28/93]
FINANCIAL ENTRY- Receipt 12756, Check #04900 in amt of $30. (mjg)
NOTICE by plaintiffs of service of 1st set of interrogatories and requests for production of documents (mac)
NOTICE by defendant Louise McCloud, defendant Steven A. MacAskill, defendant James "Mickey" Gamble, defendant Rick Day, defendant Marc Racicot of Service of their Response to Plaintiffs' First Set of Interrogatories and First Request for Production of Documents (dls)
NOTICE by defendant Louise McCloud, defendant Steven A. MacAskill, defendant James "Mickey" Gamble, defendant Rick Day, defendant Marc Racicot, of Service of their First Interrogs and First Request for Prod. of Documents (dls)
NOTICE by plaintiffs of service of answer to defendants' 1st set of interrogatories and requests for production of documents (mac)
NOTICE by defendant Louise McCloud, defendant Steven A. MacAskill, defendant James "Mickey" Gamble, defendant Rick Day, defendant Marc Racicot of Service of their Second Interrogatories and Requet for Production of Documents to Plaintiffs (dls)
EXPERT WITNESS list submitted by plaintiffs (mac)
ORDER by Mag Judge Robert M. Holter granting motion for attorney Marjorie Rifkin to appear pro hac vice [25-1] (cc: all counsel) (mac)
NOTICE by defendant Louise McCloud, defendant Steven A. MacAskill, defendant James "Mickey" Gamble, defendant Rick Day, defendant Marc Racicot, of Service of Supplemental Response to Request for Production #52 (dls)
EXPERT WITNESS list submitted by defendant Louise McCloud, defendant Steven A. MacAskill, defendant James "Mickey" Gamble, defendant Rick Day, defendant Marc Racicot (dls)
NOTICE by defendant Louise McCloud, defendant Steven A. MacAskill, defendant James "Mickey" Gamble, defendant Rick Day, defendant Marc Racicot, of Service of their Supplemental Response to Requests for Production (dls)

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Page 9 of 21

6/7/94 36 6/10/94 37 6/14/94 38 6/14/94 39 6/22/94 40 6/24/94 -6/24/94 41 6/27/94 42 6/27/94 43 7/1/94 44 7/7/94 45 7/18/94 46
7/18/94 47
7/22/94 --

DEPOSITION of SALLY JOHNSON taken on the following date(s): APRIL 29, 1994 at 1:05 pm for plaintiff (lav) [Entry date 06/09/94]
NOTICE by defendant Louise McCloud, defendant Steven A. MacAskill, defendant James "Mickey" Gamble, defendant Rick Day, defendant Marc Racicot of Service of Defendants' Supplemental Responses to Requests for Production (dls)
MOTION by defendant Louise McCloud, defendant Steven A. MacAskill, defendant James "Mickey" Gamble, defendant Rick Day, defendant Marc Racicot to compel discovery (dls)
MEMORANDUM/BRIEF by defendant Louise McCloud, defendant Steven A. MacAskill, defendant James "Mickey" Gamble, defendant Rick Day, defendant Marc Racicot in support of motion to compel discovery [38-1] (dls)
MOTION by plaintiff to extend to 7/5/94 time to respond to defendants' motion to compel discovery (mac)
PROPOSED Stipulation and order to continue portions of pretrial scheduling order submitted by defendant, plaintiff (mac)
STATUS REPORT by defendant Louise McCloud, defendant Steven A. MacAskill, defendant James "Mickey" Gamble, defendant Rick Day, defendant Marc Racicot (dls)
STIPULATION and ORDER to cont. portions of PT Scheduling order by Mag Judge Robert M. Holter : ; pretrial order ddl set for 11/11/94 (cc: all counsel) (cad)
ORDER by Mag Judge Robert M. Holter granting motion to extend to 7/5/94 time to respond to defendants' motion to compel discovery [40-1] (cc: all counsel) (cad)
MEMORANDUM/BRIEF by plaintiff in support of RESPONSE to deft motion to compel discovery [38-1] (lav)
NOTICE by defendant Louise McCloud, defendant Steven A. MacAskill, defendant James "Mickey" Gamble, defendant Rick Day, defendant Marc Racicot, of Production of Documents in response to plaintiff's Requests (dls)
PROOF/NOTICE OF SERVICE by defendant Louise McCloud, defendant Steven A. MacAskill, defendant James "Mickey" Gamble, defendant Rick Day, defendant Marc Racicot of Production of Documents in response to requests for Production during deposition of Janet Cox 4/28/94 (dls)
NOTICE by pltfs of taking deposition of Rick Day on 07/28/94 at 8:30am in Helena, Mt; James "Mickey" Gamble on 07/28/94 at 1:30pm in Helena, Mt; Kathy Redfern on 08/01/94 at 9:30am in Deer Lodge, Mt;j08/01/94 at 2pm in Deer Lodge, Mt; Dr.William Stratford on 08/04/94 at 2pm in Msla, Mt. (mjg)
MINUTES: that the motion to compel discovery [38-1] is

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Page 10 of 21

7/27/94 48 7/27/94 49
8/1/94 50 8/1/94 51
8/2/94 52 8/4/94 53 8/4/94 -8/8/94 54 8/18/94 -8/18/94 55
8/24/94 -8/30/94 57

submitted before Mag Judge Robert M. Holter (mac)
MOTION by defendant Louise McCloud, defendant Steven A. MacAskill, defendant James "Mickey" Gamble, defendant Rick Day, defendant Marc Racicot to compel answers to their Second Discovery Requests (dls)
MEMORANDUM/BRIEF by defendant Louise McCloud, defendant Steven A. MacAskill, defendant James "Mickey" Gamble, defendant Rick Day, defendant Marc Racicot in support of motion to compel answers to their Second Discovery Requests [48-1] (dls)
MOTION by defendant Louise McCloud, defendant Steven A. MacAskill, defendant James "Mickey" Gamble, defendant Rick Day, defendant Marc Racicot to compel responsive answers to their Second Discovery Requests (dls)
MEMORANDUM/BRIEF by defendant Louise McCloud, defendant Steven A. MacAskill, defendant James "Mickey" Gamble, defendant Rick Day, defendant Marc Racicot in support of motion to compel responsive answers to their Second Discovery Requests [50-1] (dls)
NOTICE by plaintiffs of SUBMISSION OF DISCOVERY TO A PARTY; pltfs served 2nd set of interrogs, rqst for adm, suppl doct rqsts upon defts (lav)
Pla.'s MOTION to extend time to respond to dft.'s mtn. to compel to 08/18/94 (cad)
PROPOSED order re #53 to PGH (cad)
ORDER by Mag Judge Robert M. Holter granting motion to extend time to respond to dft.'s mtn. to compel to 08/18/94 [53-1] (cc: all counsel) (rew)
PROPOSED Stipulated Discovery Agreement submitted by defendant, plaintiff (mac)
NOTICE by defendant Louise McCloud, defendant Steven A. MacAskill, defendant James "Mickey" Gamble, defendant Rick Day, defendant Marc Racicot of production of documents during deposition of Tom Donahue on 8/1/94 (mac) [Entry date 08/19/94]
PROPOSED Stipulation by all and Order to Continue Portions of Pre-Trial Scheduling Order (dls)
ORDER by Mag Judge Robert M. Holter withdrawing motion to compel answers to their Second Discovery Requests [48-1] granting document proposed stipulating plaintiffs shall provide answers to defendants' 2nd interrogatories and requests for production dated 4/12/94, defendants' counsel may not disclose to defendants identify of class members responding to questionnaires and surveys nor substance of responses except upon a proper motion and order to show cause, defendants are not precluded from further discovery based on or arising out of survey responses including

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Page 11 of 21

8/31/94 56
9/1/94 58 9/6/94 59 9/6/94 60 9/7/94 61 9/7/94 62 9/14/94 -9/16/94 63 9/20/94 64 11/4/94 65 11/15/94 --

deposition and interrogatory questioning of individual class members (cc: all counsel) (mac) [Entry date 09/01/94]
PROOF/NOTICE OF SERVICE by defendant Louise McCloud, defendant Steven A. MacAskill, defendant James "Mickey" Gamble, defendant Rick Day, defendant Marc Racicot of Marc Racicot's Responses to Second Set of Interrogatories and Defendants' Responses to Requests for Admissions (dls) [Entry date 09/01/94]
ORDER by Mag Judge Robert M. Holter ; pretrial order ddl set for 1/13/95; discovery deadline except expert depositions 11/2/94; motions to compel ddl 11/19/94; all other pretrial motions ddl 12/9/94 (cc: all counsel) (mac)
PROOF/NOTICE OF SERVICE by defendant Louise McCloud, defendant Steven A. MacAskill, defendant James "Mickey" Gamble, defendant Rick Day, defendant Marc Racicot of Responses to Plaintiffs' Supplementary Document Request (dls)
NOTICE by defendant Louise McCloud, defendant Steven A. MacAskill, defendant James "Mickey" Gamble, defendant Rick Day, defendant Marc Racicot of Production of Documents requested during deposition of Sally Johnson (dls)
NOTICE by defendant Louise McCloud, defendant Steven A. MacAskill, defendant James "Mickey" Gamble, defendant Rick Day, defendant Marc Racicot of Production of Documents as to Patricia Stansberry and Steve MacAskill (dls)
PROOF/NOTICE OF SERVICE by defendant Louise McCloud, defendant Steven A. MacAskill, defendant James "Mickey" Gamble, defendant Rick Day, defendant Marc Racicot of Supplemental Responses to Plaintiffs' Supplementary Document Request (dls)
MINUTES: finding the motion to compel responsive answers to their Second Discovery Requests [50-1] moot - NOTE: this motion was a copy of motion [48] and should not have been filed. (mac)
NOTICE by defendant Louise McCloud, defendant Steven A. MacAskill, defendant James "Mickey" Gamble, defendant Rick Day, defendant Marc Racicot of Submittal of their Motion to Compel Discovery #38 (already submitted 7/22/94) (dls) [Entry date 09/18/94]
PROOF/NOTICE OF SERVICE by defendant Louise McCloud, defendant Steven A. MacAskill, defendant James "Mickey" Gamble, defendant Rick Day, defendant Marc Racicot of Response to Requests for Production during Deposition of Louise McLeod (dls) [Entry date 09/21/94]
ORDER by Mag Judge Robert M. Holter setting hearing on motion to compel discovery [38-1] 1:30 11/21/94 (cc: all counsel) (mac)
FILE DELIVERED to Mag Judge Robert M. Holter for review NO PTO SUBMITTED (mac)

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11/16/94 -11/17/94 -11/17/94 66
11/17/94 66
11/28/94 -12/1/94 67
12/16/94 68 12/16/94 69 12/19/94 -7/5/95 70 7/5/95 71 7/5/95 -7/5/95 -7/11/95 72
7/11/95 -7/11/95 73

PROPOSED Mot. to vac. hrg set 11/21/94 w/prop order submitted by defendants Marc Racicot,et al and delvd to Gt. Falls. (snyb)
PROPOSED Motion/Order vacating oral argument set for 11/21/94 submitted by defendant (mac)
MOTION by defendant Louise McCloud, defendant Steven A. MacAskill, defendant James "Mickey" Gamble, defendant Rick Day, defendant Marc Racicot to vacate oral argument set for 11/21/94 (mac)
ORDER by Mag Judge Robert M. Holter granting motion to vacate oral argument set for 11/21/94 [66-1] on motion to compel discovery [38-1] (cc: all counsel) (mac) [Edit date 11/17/94]
PROPOSED Stipulation and order to suspend pretrial scheduling order submitted by defendant, plaintiff (mac)
MINUTES: case management ddl set for 12/20/94 for submission of proposed order to administratively close file with this court to retain jurisdiction; before Mag Judge Robert M. Holter (mac)
STIPULATION BY ALL that case may be closed; the court retaining jurisdiction over the matter (mac) [Entry date 12/19/94]
ORDER by Mag Judge Robert M. Holter administratively terminating case, the court retaining jurisdiction over this matter (cc: all counsel) (dls) [Entry date 12/20/94]
FILE DELIVERED to Clerk of Court/Butte for closing (mac)
Pla.'s MOTION for attorney fees & expenses (cad)
Pla.'s MEMORANDUM/BRIEF in support of motion for attorney fees & expenses [70-1] (cad) [Edit date 07/05/95]
PROPOSED Order re #70 (cad)
FILE DELIVERED (folder #2 only) to Clerk, G.F. by cert mail #P 079 885 832 (dls) [Entry date 07/06/95] [Edit date 07/06/95]
MOTION by defendant Louise McCloud, defendant Steven A. MacAskill, defendant James "Mickey" Gamble, defendant Rick Day, defendant Marc Racicot to extend to 8/22/95 time to file brief and affidavits opposing plaintiffs' motion for attorneys' fees [70] (mac)
PROPOSED Order granting motion [72] - no objection - file to court (mac)
ORDER by Mag Judge Robert M. Holter granting motion to extend to 8/22/95 time to file brief and affidavits

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8/22/95 74
8/22/95 75 8/22/95 76 8/22/95 77 8/22/95 78 8/22/95 79 9/5/95 80 9/5/95 -9/7/95 81
10/5/95 82 10/5/95 -10/6/95 83
10/18/95 -10/31/95 84 10/31/95 85

opposing plaintiffs' motion for attorneys' fees [70] [72-1] (cc: all counsel) (mac)
RESPONSE by defendant Louise McCloud, defendant Steven A. MacAskill, defendant James "Mickey" Gamble, defendant Rick Day, defendant Marc Racicot to motion for attorney fees & expenses [70-1] (lav)
AFFIDAVIT of KEITH KELLER re [74-1] (lav)
AFFIDAVIT of LOIS ADAMS re [74-1] (lav)
AFFIDAVIT of DAVID OHLER re [74-1] (lav)
(copy w/David Ohler signature) AFFIDAVIT of RICK DAY re [74-1] (lav) [Entry date 08/23/95]
(copy w/orig signature of David Ohler) AFFIDAVIT of SALLY JOHNSON re [74-1] (lav) [Entry date 08/23/95]
MOTION by plaintiff to extend to 10/10/95 time to file reply to defendants' response to plaintiffs' motion for attorneys' fees and expenses (mac) [Entry date 09/07/95]
PROPOSED Order granting motion [80] - motion and order to Judge Holter (mac) [Entry date 09/07/95]
ORDER by Mag Judge Robert M. Holter granting motion to extend to 10/10/95 time to file reply to defendants' response to plaintiffs' motion for attorneys' fees and expenses [80-1] regarding [70-1] ; setting date for reply brief ddl set for 10/10/95 for Kay Many Horses, for Linda Rodriguez, for Stephanie Voris, for Geraldine Kiefer, for Lori Doane, for Lucy Marie Redcrow, for Kathleen Yvonne Bessett, for Janice McCord, for Bonnie Rogers (cc: all counsel) (mjg)
MOTION by plaintiff to extend time to reply to deft resp to pltf mtn for attys fees until 10/31/95; no objection from opposing cnsl (lav)
PROPOSED lodged order re #82 submitted by plaintiff (lav)
ORDER by Mag Judge Robert M. Holter granting motion to extend time to reply to deft resp to pltf mtn for attys fees until 10/31/95; no objection from opposing cnsl [82-1] (cc: all counsel) (rew)
MINUTES: vacating reply brief ddl of 10/10/95 (mac)
REPLY by plaintiffs Kay Many Horses, et al to response to motion for attorney fees & expenses [70-1] file delivered to: Judge Hatfield (snyb)
Factual STATEMENT Response by plaintiffs Kay Many Horses, et al disputing the claim by defts n re: use of new Women's Correctional facility. Pltfs are seeking an evidentiary hearing in this matter. (with attachments) (snyb)

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11/3/95 86 11/8/95 87 11/14/95 88 11/21/95 89 11/21/95 -11/29/95 90
12/4/95 91
12/4/95 -12/4/95 92 12/4/95 93
12/5/95 94 12/12/95 95 12/12/95 -12/13/95 96

MINUTES: that the motion for attorney fees & expenses [70-1] is submitted before Mag Judge Robert M. Holter (mac)
ORDER by Mag Judge Robert M. Holter setting motion for attorney fees & expenses [70-1] ddl for 11/22/95 for request for oral argument (cc: all counsel) (mac)
AFFIDAVIT of Vivian Brooke (mjg) [Entry date 11/15/95]
MOTION by plaintiff for oral agument on pltf mtn for attys fees and expenses dated 6/29/95. (lav)
FILE DELIVERED to COURT for review re mtn #89, oral argt rqst (lav)
ORDER by Mag Judge Robert M. Holter granting motion for oral agument on pltf mtn for attys fees and expenses dated 6/29/95 [89-1], setting hearing on motion for attorney fees & expenses [70-1] 10:00 12/15/95 (cc: all counsel) (mac) [Edit date 12/05/95]
MOTION by plaintiff All others, plaintiff Bonnie Rogers, plaintiff Janice McCord, plaintiff Kathleen Yvonne Bessett, plaintiff Lucy Marie Redcrow, plaintiff Lori Doane, plaintiff Geraldine Kiefer, plaintiff Stephanie Voris, plaintiff Linda Rodriguez, plaintiff Kay Many Horses for attorney Mark J. Lopez to appear pro hac vice (rew) [Entry date 12/05/95]
PROPOSED lodged Order for Adm of Mark Lopez pro hac vice-File to RMH (rew) [Entry date 12/05/95] [Edit date 12/05/95]
MOTION by defendant Louise McCloud, defendant Steven A. MacAskill, defendant James "Mickey" Gamble, defendant Rick Day, defendant Marc Racicot to reset the time of 12/15/95 for oral argt on attys fees (rew) [Entry date 12/05/95]
ORDER by Mag Judge Robert M. Holter granting motion to reset the time of 12/15/95 for oral argt on attys fees [92-1] setting hearing on order [90-1] 2:30 12/18/95 regarding [89-1] regarding [70-1] (cc: all counsel) (rew) [Entry date 12/05/95] [Edit date 12/18/95]
ORDER by Mag Judge Robert M. Holter granting motion for attorney Mark J. Lopez to appear pro hac vice [91-1] (cc: all counsel) (cad) [Entry date 12/06/95]
MOTION by plaintiff for leave to file supplemental reply brief re plaintiffs' entitlement to attorneys' fees and expenses [70] (mac)
PROPOSED Order granting motion [95] (mac)
ORDER by Mag Judge Robert M. Holter granting motion for leave to file supplemental reply brief re plaintiffs' entitlement to attorneys' fees and expenses [70] [95-1] (cc: all counsel) (mac) [Entry date 12/14/95]

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12/13/95 97
12/14/95 98 1/4/96 99
3/20/96 100
3/29/96 101 4/3/96 102
4/15/96 103 4/15/96 -4/16/96 104
5/29/96 105 6/4/96 106 6/6/96 107 6/6/96 108 6/12/96 -6/14/96 --

SUPPLEMENTAL reply brief (ATTACHMENT A) by plaintiff re motion for attorney fees & expenses [70-1] (mac) [Entry date 12/14/95]
ORDER by Mag Judge Robert M. Holter resetting hearing on motion for attorney fees & expenses [70-1] 10:30 1/3/96 (cc: all counsel) (mac)
MINUTES: taking under advisement on 1/4/96 the motion for attorney fees & expenses [70-1] after hearing before Mag Judge Robert M. Holter C/R: Lisa Lewis (mac) [Entry date 01/05/96] [Edit date 01/17/96]
ORDER by Mag Judge Robert M. Holter; in-court hearing set for 10:00 4/18/96 in BUTTE for parties to present evidence on fact questions (cc: all counsel; C/C Butte) (mac) [Entry date 03/21/96] [Edit date 04/09/96]
MOTION by plaintiff to reset date for hearing on attorneys' fees and expenses now set on 04/18/96 (mac)
ORDER by Mag Judge Robert M. Holter granting motion to reset date for hearing on attorneys' fees and expenses now set on 04/18/96 [101-1], setting hearing on motion for attorney fees & expenses [70-1] 10:00 5/8/96 in GREAT FALLS (cc: all counsel) (mac) [Entry date 04/04/96]
MOTION by pltfs to continue the hrg on attny fees & expenses set for 5/8/96, to 6/17/96 (no obj) (mjg)
PROPOSED order re mtn to cont #103...TO RMH (mjg)
ORDER by Mag Judge Robert M. Holter granting motion to continue the hrg on attny fees & expenses set for 5/8/96, 6/17/96 [103-1], setting hearing on motion for attorney fees & expenses [70-1] 10:00 6/17/96 (cc: all counsel) (mac) [Entry date 04/17/96]
NOTICE by defendant Marc Racicot of taking deposition of SENATOR THOMAS E. TOWE on 6/10/96 at 11:00 AM (lav)
NOTICE by defendant Marc Racicot of taking deposition of SENATOR VIVIAN BROOKE on 6/11/96 at 1:00 pm (lav)
NOTICE of taking deposition of Steve Macaskill on 6/6/96 at 8:00AM in Seattle, WA, by pltfs (mjg) [Edit date 06/06/96]
NOTICE of taking deposition of Pat Melby on 6/11/96 at 3:30PM in Helena, MT, by pltfs (mjg)
RECEIVED proposed findings of fact and conclusions of law re attorneys' fees from plaintiffs (mac) [Entry date 06/14/96]
RECEIVED proposed findings of fact and conclusions of law re attorneys' fees from defendant - delivered to court (mac) [Edit date 06/14/96]

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6/17/96 -6/17/96 109
6/18/96 110
6/18/96 -6/18/96 -6/18/96 -6/18/96 111

MOTION by plaintiff for attorney Elizabeth Alexander to appear pro hac vice (mac) [Entry date 06/25/96]
MINUTES: At 10:00 a.m., hearing held with plaintiffs' counsel Penelope Strong and Elizabeth Alexander present; defendants' counsel P. Keith Keller and Jacqueline Lenmark present. Following witnesses sworn and testified on behalf of plaintiffs: Vivian Morgan Brooke, Robert Scott Crichton, Jr., Thomas Towe, Elizabeth Alexander. At 3:55 p.m., PLAINTIFFS REST. Defendants' witness Patrick Edward Melby is sworn and testifies out of order per agreement of counsel. Defendants request court take judicial notice of all affidavits filed or attached to filed briefs on attorneys' fees issue; no objection by plaintiffs except as to "opinions." Rick Day is sworn and examined on behalf of defendants. Following exhibits admitted without objection: 29, 31, 4, 2, 19, 3, 5, 6, 32, 8 through 12, 15, 20 through 27; exhibits admitted over defendants' objections are 7, 16, 28, 18. Plaintiffs' Exhibit 30 offered 3 times and admitted on 3rd offering. Hearing held before Mag Judge Robert M. Holter C/R: Lisa Lewis (mac) [Entry date 07/02/96] [Edit date 07/02/96]
MINUTES: At 10:00 a.m. with all parties present. Cross-exam of Rick Day. Plaintiffs' counsel moves for reconsideration of court's ruling re use of depositions during this hearing;
motion denied. Sally Marie Johnson is sworn and testifies on direct exam by defendants' counsel; Exhibit 33 admitted without objection. At 11:06 a.m., DEFENDANTS REST. Defendants move for filing of complete copies of depositions of Sally Johnson and Mr. MacAskill; granted without objection. Court sets additional briefing schedule as follows: Amendments in 15 days with 5.1 disk; defendants to have 10 days after receipt of amendments to respond with 2 days allowed for mailing; 5 days for rebuttal. Setting motion for attorney fees & expenses [70-1] case management ddl set for 7/22/96 for motion to be under advisement before Mag Judge Robert M. Holter C/R: Lisa Lewis (mac) [Entry date 07/02/96]
MOTION by plaintiffs for reconsideration of court's ruling re use of depositions during hearing held 06/18/96 (mac) [Entry date 07/02/96]
MOTION by defendants for order that complete copies of depositions of Sally Johnson and Mr. MacAskill taken in 1996 be filed with the court (mac) [Entry date 07/02/96]
ORDER by Mag Judge Robert M. Holter in open court granting motion for order that complete copies of depositions of Sally Johnson and Mr. MacAskill taken in 1996 be filed with the court [0-1], denying motion for reconsideration of court's ruling re use of depositions during hearing held 06/18/96 [0-1] (mac) [Entry date 07/02/96]
EXHIBIT list of exhibits offered and admitted during hearing held on 06/17/96 and 06/18/96 by plaintiffs (mac)

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6/24/96 112 7/3/96 -7/3/96 113 7/5/96 114 7/17/96 -7/19/96 -7/26/96 112 8/13/96 115
8/30/96 116 9/12/96 117 9/16/96 -9/16/96 118

[Entry date 07/02/96]
ORDER by Mag Judge Robert M. Holter granting motion for attorney Elizabeth Alexander to appear pro hac vice [0-1] (cc: all counsel) (mk) [Entry date 07/19/96] [Edit date 07/19/96]
RECEIVED plaintiffs' proposed findings and conclusions re application for attorneys' fees and costs together with 5.1 disk (mac)
POST TRIAL BRIEF FILED by plaintiffs re applicatio for attorneys' fees and costs (mac) [Edit date 07/19/96]
DEPOSITION of STEVEN A. MacASKILL taken on the following date(s): June 6, 1996 at Seattle, WA for plaintiff (mac) [Edit date 07/19/96]
RECEIVED defendants' final proposed findings of fact and conclusions of law with one copy (mk) [Entry date 07/19/96]
MINUTES: taking under advisement on 7/19/96 the motion for attorney fees & expenses [70-1]; case management ddl satisfied on 7/19/96 before Mag Judge Robert M. Holter (mk)
REPLY by plaintiff Kay Many Horses, et al, to response to mtn for attorney fees & expenses [70-1] file dlvd to: RMH (lav) [Edit date 07/26/96]
ORDER by Mag Judge Robert M. Holter granting motion for attorney fees, costs and expenses [70-1] in the total amount of $95,355.74 (lodestar amount of $77,340.60; expenses incurred by NPP of $15,102.93; expenses incurred by Strong of $1,034.72; expenses incurred by Crichton of $287.49; expenses incurred by Gray of $1,590.00); case management ddl set for 9/16/96 for plaintiffs to file time and expense records pertaining to work done on its motion for attorneys' fees (cc: all counsel) (mk)
OBJECTIONS by plaintiff to Magistrate Judge's order re attorneys' fees [115-1], to [115-2] with memorandum of points and authorities in support of objections (mk) [Entry date 09/03/96]
RESPONSE by defendant Louise McCloud, defendant Steven A. MacAskill, defendant James Gamble, defendant Rick Day, defendant Marc Racicot to plaintiffs' objections to Magistrate's order re attorneys' fees [116-1] (mk) [Entry date 09/16/96]
MINUTES: case management ddl satisfied on 9/16/96 before Mag Judge Robert M. Holter with filing of plaintiffs' objections to court's order re attorneys' fees (time and expense records attached) and defendants' filing of response to objections (mk)
MOTION by plaintiff for attorney fees and expenses with itemization of same pursuant to court's order (mk) [Entry date 09/19/96]

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9/20/96 119 9/20/96 -9/27/96 120 9/27/96 -9/30/96 122 10/1/96 121
10/3/96 123 10/3/96 124
10/4/96 125 10/16/96 126 12/30/96 127 1/7/97 -1/7/97 --

UNOPPOSED MOTION by pltfs to extend time to file reply to defts' response to pltfs' obj to Magistrate's order re attny fees, 10/4/96 (mjg)
PROPOSED order re mtn #119...TO RMH (mjg)
MOTION by plaintiff Kay Many Horses for leave to file corrected copy of petition for award of attys fees (lav)
PROPOSED lodged "new" petition for atty fees submitted by plaintiff Kay Many Horses; TO RMH (lav)
ORDER by Mag Judge Robert M. Holter granting motion to extend time to file reply to defts' response to pltfs' obj to Magistrate's order re attny fees, 10/4/96 [119-1] (cc: all counsel) (mk) [Entry date 10/08/96]
RESPONSE by defendant Louise McCloud, defendant Steven A. MacAskill, defendant James Gamble, defendant Rick Day, defendant Marc Racicot to motion for attorney fees and expenses with itemization of same pursuant to court's order [118-1] (mjg) [Entry date 10/03/96]
ORDER by Mag Judge Robert M. Holter granting motion for leave to file corrected copy of petition for award of attys fees [120-1] (cc: all counsel) (mk) [Entry date 10/08/96]
REPLY by plaintiff Bonnie Rogers, plaintiff Janice McCord, plaintiff Kathleen Yvonne Bessett, plaintiff Lucy Marie Redcrow, plaintiff Lori Doane, plaintiff Geraldine Kiefer, plaintiff Stephanie Voris, plaintiff Linda Rodriguez, plaintiff Kay Many Horses in support of objections [116-1] to Magistrate Judge's report (mk) [Entry date 10/08/96]
CORRECTED PETITION by plaintiff re motion for attorney fees and expenses with itemization of same pursuant to court's order [118-1] (mk) [Entry date 10/08/96]
REPLY by plaintiffs Kay Many Horses, et al, to response to motion for attorney fees and expenses with itemization of same pursuant to court's order [118-1] file delivered to: RMH (mjg) [Entry date 10/17/96]
NOTICE by plaintiffs of DISMISSAL of APPEAL to District Judge; pltfs dismiss their objections of 8/29/96 to Mag. Judge's report dated 8/13/96 (lav)
PROPOSED order to adopt findings & award attys fees & costs...TO PGH (mjg)
REMARK - telephoned counsel Elizabeth Alexander's office and requested formal stipulation by the parties as to amount of attorney's fees; requested proposed order. Ms. Alexander advised that USCA for the Ninth Circuit has ruled that magistrate judges cannot enter order awarding attorney's fees; she will submit proposed order for signature by Judge Paul G. Hatfield. (mk) [Edit date 01/07/97]

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2/12/97 -2/12/97 -2/12/97 128 2/18/97 129
2/18/97 -2/26/97 -2/27/97 130
3/6/97 131
3/13/97 132
3/18/97 133 4/25/97 134

PROPOSED Order awarding attorneys' fees (mk)
FILE DELIVERED to Judge Paul G. Hatfield for review of motion [128] and proposed order (mk)
CONSENT MOTION by plaintiff for order adopting U.S. Magistrate Judge Robert M. Holter's findings of 08/13/96 [115-2] to award plaintiffs total attorneys' fees and expenses in the total sum of $95,355.74 (mk) [Entry date 02/18/97]
ORDER by Judge Paul G. Hatfield granting motion for attorney fees and expenses with itemization of same [118-1] adopting order [115-2] in the total amount of $95,355.74; case management ddl set for 3/10/97 for completion of briefing (with matter ripe for disposition) for plaintiff to file within 10 days hereof any request for additional fees incurred in prosecuting their motion for attorneys' fees with defendants to have 10 days to file objections thereto (cc: all counsel) (mk) [Edit date 02/18/97]
MINUTES: terminating case referral to Mag Judge Robert M. Holter (mk)
MAIL Returned [129-1], [129-2] addressed to Kimberly Kradolfer (on left side) (mk)
MOTION by plaintiff All others, plaintiff Bonnie Rogers, plaintiff Janice McCord, plaintiff Kathleen Yvonne Bessett, plaintiff Lucy Marie Redcrow, plaintiff Lori Doane, plaintiff Geraldine Kiefer, plaintiff Stephanie Voris, plaintiff Linda Rodriguez, plaintiff Kay Many Horses for attorney fees and expenses (rew) [Entry date 03/03/97]
RESPONSE by defendants Marc Racicot et al, to motion for attorney fees and expenses [130-1], to motion for order adopting U.S. Magistrate Judge Robert M. Holter's findings of 08/13/96 [115-2] to award plaintiffs total attorneys' fees and expenses in the total sum of $95,355.74 [128-1] (mjg) [Entry date 03/10/97]
MINUTES: that the pltf's motion for attorney fees and expenses [130-1] is submitted, that the motion for order adopting U.S. Magistrate Judge Robert M. Holter's findings of 08/13/96 [115-2] to award plaintiffs total attorneys' fees and expenses in the total sum of $95,355.74 [128-1] is submitted before Judge Paul G. Hatfield (rew)
REPLY by plaintiff Kay Many Horses to response to motion for attorney fees and expenses [130-1] file delivered to: PGH (lav)
ORDER by Judge Paul G. Hatfield: Action is referred to RMH for hrg on pltf's petition for attny fees, costs & expenses incurred in prosecution of pltfs' mtn for atty fees in this litigation [130-1],[128-1]; Case referred to Mag Judge Robert M. Holter (cc: all counsel) (mjg)

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4/29/97 135 5/8/97 136
5/22/97 137 5/22/97 138 5/22/97 139
6/4/97 -7/21/97 140
8/1/97 -8/8/97 141 8/8/97 -8/11/97 142 9/9/97 143

[Entry date 04/28/97]
ORDER by Mag Judge Robert M. Holter setting hearing on motion for attorney fees and expenses [130-1] 10:00 6/12/97 (cc: all counsel) (mjg) [Entry date 04/30/97]
RECEIPT & SATISFACTION OF ORDER- pltfs acknowledge receipt from deft of $95,355.70 for attny fees, costs & expenses paid to Nat'l Prison Project of the American Civil Liberties Union Foundation, satisfying crt's order of 02/14/97 requiring pmt for attny fees, costs & expenses w/exception of any claim for interest (mjg)
STIPULATION BY ALL to vacate hearing set for 06/12/97 and submit motion on briefs and affidavits (mk)
MOTION by defendant to vacate hearing set for 06/12/97 and submit motion on briefs and affidavits (mk)
ORDER by Mag Judge Robert M. Holter granting motion to vacate hearing set for 06/12/97 and submit motion on briefs and affidavits [138-1] taking under advisement on 5/22/97 the motion for attorney fees and expenses [130-1] (cc: all counsel) (mk)
FILE DELIVERED to c/c in Great Falls (Vol. #4) RRR # P 741 944 089 (crm)
ORDER by Mag Judge Robert M. Holter granting motion for attorney fees and expenses [130-1] and awarding plaintiffs attorneys' fees, costs expenses in the total amount of $18,807.65, finding the motion for order adopting U.S. Magistrate Judge Robert M. Holter's findings of 08/13/96 [115-2] to award plaintiffs total attorneys' fees and expenses in the total sum of $95,355.74 [128-1] moot. (cc: all counsel) (mk)
FILE DELIVERED to C/C Butte for closed files (mk)
CONSENT MOTION for attorney fees in the amount of $18,807.65 to Pltf (rew)
FILE DELIVERED to PGH for Signature on Lodged Order Awarding Attys' Fees (rew)
ORDER by Judge Paul G. Hatfield granting pltf's motion for attorney fees in the amount of $18,807.65 to Pltf [141-1] as set forth in the Mag Judge's report of July 21, 97 (cc: all counsel) (rew) [Entry date 08/12/97]
RECEIPT AND SATISFACTION OF JUDGMENT as to plaintiff All others, plaintiff Bonnie Rogers, plaintiff Janice McCord, plaintiff Kathleen Yvonne Bessett, plaintiff Lucy Marie Redcrow, plaintiff Lori Doane, plaintiff Geraldine Kiefer, plaintiff Stephanie Voris, plaintiff Linda Rodriguez. The pla's acknowledge that the Court's order of 8/11/97, requiring such payment for attys' fees, costs and expenses is fully satisfied (crm) [Entry date 09/27/97]

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9/19/97 144

STIPULATION and ORDER by Judge Paul G. Hatfield : that the action be and the same is hereby dismissed as fully settled on the merits and is now dismissed with prejudice terminating case (cc: all counsel) (rew) [Edit date 09/27/97]

Case Flags: TERMED
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