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Montana Juvenile Prisoners' Files Disclosable for Purposes of Litigation
The plaintiffs were 16 Montana state juvenile prisoners. For litigation
purposes, their lawyer requested from the Pine Hills Youth Correctional
Facility (P.H.Y.C.C.) certain of the plaintiffs' personal records,
including those regarding the use of pepper spray on the plaintiffs.
P.H.Y.C.C. tried to avoid disclosing the records, claiming that MCA §
44-5-303 (1) precluded their doing so.
The trial judge, recognizing the plaintiffs' lawyer's need for the
documents for litigation purposes ordered them disclosed subject to a
protection order. Pursuant to the order, the plaintiffs' lawyer could
inspect and copy the records, and could share them with expert witnesses
associated with the case. But within 30 days of the final disposition of
the case, they would be required to return all copies of the files along
with affidavits certifying that all such copies had been returned. See:
Dannell v. Pine Hills Youth Correctional Facility, 1st Judicial Dist. Court
of Montana, Lewis and Clark County No. BDV-2002-512 (2003).
purposes, their lawyer requested from the Pine Hills Youth Correctional
Facility (P.H.Y.C.C.) certain of the plaintiffs' personal records,
including those regarding the use of pepper spray on the plaintiffs.
P.H.Y.C.C. tried to avoid disclosing the records, claiming that MCA §
44-5-303 (1) precluded their doing so.
The trial judge, recognizing the plaintiffs' lawyer's need for the
documents for litigation purposes ordered them disclosed subject to a
protection order. Pursuant to the order, the plaintiffs' lawyer could
inspect and copy the records, and could share them with expert witnesses
associated with the case. But within 30 days of the final disposition of
the case, they would be required to return all copies of the files along
with affidavits certifying that all such copies had been returned. See:
Dannell v. Pine Hills Youth Correctional Facility, 1st Judicial Dist. Court
of Montana, Lewis and Clark County No. BDV-2002-512 (2003).
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Related legal case
Dannell v. Pine Hills Youth Correctional Facility
| Year | 2003 |
|---|---|
| Cite | 1st Judicial Dist. Court of Montana, Lewis and Cla |
| Level | State Trial Court |
| Attorney Fees | 0 |
| Damages | 0 |
| Injunction Status | N/A |