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Montana Supreme Court Upholds Refusal to Seal Settlement Agreement
Article • May 15, 2002 • from PLN May, 2002
Filed under: Sexual Assault by Parolees, Victims, Settlements, Disclosure of Records, Parole Liability, Wrongful Death, Murder by Parolees
Montana Supreme Court Upholds Refusal to Seal Settlement Agreement by The Montana Supreme Court held that prevailing party did not establish that privacy rights of parties outweighed the public's right to know what costs it incurred in a settlement agreement. Steve Pengra brought suit against Montana, contending that the State's …
Pre-Sentence Detention Earns Good Time Credits in Montana Prison
Article • August 15, 2001 • from PLN August, 2001
Filed under: Jail Specific, Civil Procedure, State Law Claims, Good Time, Habeas Corpus
Pre-Sentence Detention Earns Good Time Credits in Montana Prison by The Montana Supreme Court granted habeas corpus relief to William MacPheat, a Montana state prisoner, who sought goodtime credits for presentence jail time and an earlier release from prison based upon award of those credits. In 1995, MacPheat was charged …
Pro Se Tips and Tactics
Article • June 15, 2001 • from PLN June, 2001
Filed under: Retaliation for Litigating, Disciplinary Hearings, Notice of Rules, Legality of Rules, Prisoner Legal Assistance
Pro Se Tips and Tactics by John Midgley The Supreme Court recently decided a case that could have an impact on prisoners who provide (free of charge) legal assistance to other prisoners. In this column, I discuss this new case and its implications. In April, the Court unanimously decided that …
Montana Court Awards PLRA-Capped Attorney Fees Under Catalyst Theory
Article • June 15, 2001 • from PLN June, 2001
Filed under: Conditions of Confinement, Totality of Conditions, Attorney Fee Awards, Attorney Fees (PLRA), Settlements, Costs, Consent Decrees
Montana Court Awards PLRA-Capped Attorney Fees Under Catalyst Theory by by Matthew T. Clarke A federal district court in Montana has awarded attorney fees to prisoners in a Montana jail, even though the case was settled outofcourt, because the suit was the catalyst of change similar to the relief requested …
Discipline for Correspondence Containing Legal Advice Vacated; US S.Ct. Grants Review
Article • November 15, 2000 • from PLN November, 2000
Filed under: Disciplinary Hearings, Legality of Rules, Prisoner Legal Assistance, Mail Regulations
Discipline for Correspondence Containing Legal Advice Vacated; US S.Ct. Grants Review by The Ninth Circuit Court of Appeals held that punishment imposed upon a prisoner law clerk for sending a letter containing legal advice to another prisoner was an exaggerated response, which violated the law clerk's First Amendment rights. While …
No Immunity for Media Defendants in Ridealong Suit
Article • April 15, 2000 • from PLN April, 2000
Filed under: Searches, Arrestee Searches, Qualified Immunity
No Immunity for Media Defendants in Ridealong Suit by In the October, 1999, issue of PLN we reported Hanlon v. Berger, 119 S.Ct. 1706 (1999) where the court held that it violates the Fourth Amendment to the U.S. constitution for police to bring media reporters and photographers with them when …
US Supreme Court Holds Media Ride-Alongs Unconstitutional
Article • September 15, 1999 • from PLN September, 1999
Filed under: Police Misconduct, Searches, Photographing, Qualified Immunity
US Supreme Court Holds Media Ride-Alongs Unconstitutional by A unanimous United States Supreme Court held that police violate the Fourth amendment of the U.S. constitution when they allow members of the news media to ride along with them while executing search and arrest warrants. The court also held police were …
MT Prisoners Win Damages and Fees in Riot Suit
Article • November 15, 1998 • from PLN November, 1998
Filed under: Prison Rebellion, Strip Searches, Conditions of Confinement, Eighth Amendment, Strip Cells, Attorney Fee Awards, Restraints, Damages, Failure to Protect (Wrongful Death)
MT Prisoners Win Damages and Fees in Riot Suit by On April 2, 1998, a federal jury in Montana ruled that state prison officials had violated the Eighth amendment rights of 13 prisoners. In September, 1991, a riot occurred at the Montana State Prison in Deer Lodge. Five prisoners in …
Montana Prisoners Have Liberty Interest in Classification Hearings
Article • December 15, 1997 • from PLN December, 1997
Filed under: Disciplinary Hearings, Liberty Interests, Qualified Immunity, Ad-Seg Hearings
Montana Prisoners Have Liberty Interest in Classification Hearings by Danny Arledge By Danny Arledge The Montana state supreme court held that state law creates a liberty interest for prisoners accused of misconduct in prison classification hearings. Daniel Orozco, a prisoner at the Montana State Prison, was accused of conspiring to …
Magistrates Lack Jurisdiction to Impose Contempt Sanctions
Article • October 15, 1997 • from PLN October, 1997
Filed under: Dental Care, Civil Procedure, Damages, Preliminary Injunctions/TRO's, Contempt (Civil Procedure), Magistrates
Magistrates Lack Jurisdiction to Impose Contempt Sanctions by The court of appeals for the ninth circuit held that magistrates lack jurisdiction to impose criminal contempt orders, even when the parties have consented to proceed before a magistrate. James Bingman, a Montana state prisoner, filed suit after not receiving adequate dental …
Montana Paying for 1991 Prison Uprising
Article • September 15, 1997 • from PLN September, 1997
Filed under: Prison Rebellion, Conditions of Confinement, Strip Cells, Restraints, Settlements, Failure to Protect (Wrongful Death)
Montana Paying for 1991 Prison Uprising by The state of Montana agreed to pay $60,000 to the parents of a prisoner killed during a 1991 uprising at the maximum security Deer Lodge prison. It was the second settlement among 13 state court cases filed against prison officials. In January 1995, …
DOJ Sues MT DOC
Article • June 15, 1995 • from PLN June, 1995
Filed under: Systemic Medical Neglect, Dental Care, Conditions of Confinement, Totality of Conditions, Overcrowding, Staffing
DOJ Sues MT DOC by On December 1, 1994, the federal Department of Justice (DOJ) sued the Montana Department of Corrections about overcrowding, safety and health problems in the Montana DOC. This lawsuit comes after an earlier suit against the Montana DOC filed by the ACLU was settled by the …
Settlement Reached in MT Prison Case
Article • March 15, 1995 • from PLN March, 1995
Filed under: Disabled Prisoners, Systemic Medical Neglect, Dental Care, Tuberculosis, Conditions of Confinement, Totality of Conditions, Fire Hazards, Staffing, Settlements, Failure to Treat (Mental Illness)
Settlement Reached in MT Prison Case by A settlement agreement has been reached between attorneys for prisoners at the Montana State Prison (MSP) and Montana state officials responsible for running the prison. The case, Langford v. Racicot, was originally filed on December 30, 1993. The National Prison Project of the …
Langford v. Bullock, MT, Settlement Agreement I, ADA Compliance, 1994
Brief • November 29, 1994
Filed under: Classification, Medication, Dental Care, Tuberculosis, Eyeglasses, Overcrowding, Failure to Treat (Mental Illness)
Langford v. Bullock, MT, Settlement Agreement I, ADA Compliance, 1994 FILED Honorable Leif B. Erickson Federal Magistrate Judge Missoula Division P o Box 7219 Missoula, MT. 59807-7219 lN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA HELENA DIVISION IN THE MATTER OF LITIGATION R.ELATING '!I'O CONDITIONS OF CONFINEMEfTT …
Kay Many Horses v. Racicot, MT, Consent Decree, Discrimination, Women Prisoners, 1994
Brief • November 22, 1994
Filed under: Food, Class Notice
Kay Many Horses v. Racicot, MT, Consent Decree, Discrimination, Women Prisoners, 1994 •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 10 Kyle …
Langford v. Bullock, MT, Fifth Amended Complaint, ADA Compliance, 1993
Brief • December 30, 1993
Filed under: Classification, Disabled Prisoners, Failure to Treat, Totality of Conditions, Fire Hazards, Overcrowding, Eighth Amendment, Reading Materials, Americans with Disabilities Act, Sex Offender Treatment, Failure to Treat (Mental Illness), Protective Custody
Langford v. Bullock, MT, Fifth Amended Complaint, ADA Compliance, 1993 t Langford v. Racicot PC-MT-001-001 1 2 3 4 5 6 7 8 "lark J. Lopez idward I. Koren National Prison Project the American Civil Liberties Jnion Foundation L875 Connecticut Ave., NW Washington, DC 20009 Telephone: 202/234-4830 Edmund F. Sheehy, …
MT Phone Kickbacks 2009-2012
Kickback publication
Filed under: Telephones
MT Phone Kickbacks 2009-2012 40% Commission from PCS MSP PHONE REVENUES Amount FY09 Jul‐08 Aug‐08 Sep‐08 Oct‐08 Nov‐08 Dec‐08 Jan‐09 Feb‐09 Mar‐09 Apr‐09 May‐09 Jun‐09 $ 21,262.98 $ 20,624.49 $ 19,932.04 $ 20,500.10 $ 22,114.16 $ 20,339.62 $ 19,508.18 $ 19,125.66 $ 21,928.63 $ 22,767.25 $ 23,341.65 $ 20,676.26 Amount …
MT Phone Rates 2011
Kickback publication
Filed under: Telephones, Telephone Rates
MT Phone Rates 2011 New Inmate Telephone System Provider History In July 2010 the Contracts Management Bureau, Montana Department of Corrections (MDOC), with the assistance of the State Procurement Bureau, Department of Administration, released a Request for Proposal (RFP) for an Inmate Telephone System provider. Upon final scoring of the …
MT Contract with Telmate 2011
Kickback publication
Filed under: Telephones, Telephone Rates
MT Contract with Telmate 2011 INFORMATION TECHNOLOGY CONTRACT INMATE TELEPHONE SYSTEM COR11·18470 1. PARTIES THIS CONTRACT is entered into by and between the State of Montana Department of Corrections, (hereinafter referred to as "the State"), whose address and telephone number are PO Box 201301, Helena, MT 59620,406-444-3980, and Telmate, LLC, …
MT Contract with Qwest 2002
Kickback publication
Filed under: Telephones, Telephone Rates
MT Contract with Qwest 2002 State of Montana Public Payphone and Inmate Phone System Equipment and Services Contract #02-515B 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. PARTIES............................................................................................................................................... 2 EFFECTIVE DATE, DURATION, AND RENEWAL ........................................................................ 2 SERVICES …
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