69-3 at 7). Department of Justice /QuickLinks.aspx. For example, Plaintiffs allege that the County holds pretrial arrestees in jail until they pay whatever arbitrary amount of money the County requires, even if they have already paid their bail and been ordered released by the court. Get up-to-the-minute news sent straight to your device. (Doc. Taking the facts asserted in the Second Amended Complaint as true, the District Court Judges maintain it is clear they were acting in an adjudicatory capacity under Montana's bail statutes, rather than as an enforcer or administrator of the challenged Jail Diversion Program. The County has also submitted affidavits from Justices of the Peace Jennifer Ray and Jim Bailey, and Ravalli County Probation and Pretrial Services Officer Shane Fisher. 61 at 14-15). 34, at 75). Monell v. Dep't of Soc. Plaintiffs seek certification of their indigent injunctive subclass under Rule 23(b)(2). Dec. 31, 2012). As the County describes it, the judges impose the requirement to obtain pretrial services, including the requirement of payment for those services, and [i]f a criminal defendant fails to pay for the required services, it is the judge who revokes bail. (Doc. 2022). (Doc. She is running for Justice of the Peace, Department No. Ann. The County does not dispute that Plaintiffs have alleged deprivations of constitutionally protected property and liberty interests, but argues they fail to state for relief because the alleged deprivations are not the direct result of the County's policy and, even if they were, constitutionally adequate procedural protections exist. Like the District Court Judges, the Justices of the Peace are sued only in their official capacities and only for declaratory relief. 34 at 212-14). ] Bearden, 461 U.S. at 666. 2014)). First, they seek a declaratory judgment that (1) the Jail Diversion Program, and Ravalli County and Sheriff Holton's conduct in implementing and enforcing the program, is unlawful; and (2) the District and Justice Court Judge Defendants' ongoing practices of ordering participation in the Jail Diversion Program; failing to conduct ability-to-pay and risk assessments; and revoking pretrial arrestees for nonpayment of Jail Diversion Program fees are unlawful. No. (Doc. (Doc. June 14, 2022 by Editor It will no doubt come as no surprise that votes cast in Ravalli County in last week's primary election were overwhelmingly on the Republican ballot. 1997) (citing Younger, 401 U.S. at 40-41). The predominance inquiry is more stringent than the commonality criteria under Rule 23(a)(2) and tests whether proposed classes are sufficiently cohesive to warrant adjudication by representation. Amchem Products, Inc. v. Windsor, 521 U.S. 591, 623-24 (1997). 41 at 26). Plaintiffs allege that unlike bail amounts, the Jail Diversion Program fees imposed on pretrial arrestees to secure their release cannot be challenged and [t]here is no avenue for judicial review of these assessments. (Doc. ' Western Mining Council v. Watt, 643 F.2d 618, 623 (9th Cir. At about 10:45 a.m. on Thursday, a call came in to Missoula Dispatch for a fully engulfed camper fire. 48). You have permission to edit this article. Cos., 747 F.2d 511, 514 (9th Cir. (Doc.

61 at 19-20). Ravalli County's primary argument relates to the first requirement for municipal liability, in particular, that Plaintiffs have not alleged a viable underlying constitutional claim. (Doc. 469-106. (Doc. (Doc. The gelding's owner called on Friday after Judge Bailey handed The justices argued that because they had acted as neutral adjudicators rather than as administrators, enforcers, or advocates with respect to the statutes, their interests were not legally adverse to those of the plaintiffs as required to give rise to an Article III case or controversy. 46-9-108(3). 34 at 58). other public relations. Plaintiffs claim the County has created, implemented, and enforced a policy requiring pretrial detainees to pay Jail Diversion Program fees without considering their ability to pay, and incarcerating indigent arrestees for nonpayment. Finally, Plaintiffs request compensatory damages, including specifically all pretrial fees paid to Ravalli County and Sheriff Holton, and an award of reasonable attorney fees and costs pursuant to 42 U.S.C. First, the County argues that the District Court Judges and Justices of the Peace are responsible for the deprivations alleged by Plaintiffs. (renews at {{format_dollars}}{{start_price}}{{format_cents}}/month + tax). Paige Trautwein (406) 375-6716. 2018) (internal quotation marks omitted). Med. Code Ann. 41-6 at 13, 21, 22). Rule 23(b)(2) requires that the party opposing the class has acted or refused to act on grounds that apply generally to the class, so that final injunctive relief or corresponding declaratory relief is appropriate respecting the class as a whole. Fed.R.Civ.P. Savage v. Glendale Union High School, Dist. Whether a pretrial arrestee who is indigent for purposes of obtaining court appointed counsel nevertheless has the ability to pay pretrial fees would require a fact intensive individualized inquiry. Justice Courts and City Courts are considered the work horses of the court system. of Homeland Security, 598 F.Supp.3d 1051, 1066 (E.D. Indeed, arrestees who have not been found guilty have an especially strong interest in liberty'. Buffin, 2018 WL 424362, at *9 (quoting United States v. Salerno, 481 U.S. 739, 750 (1987) (holding that pretrial detention must serve a compelling governmental interest). United States District Court, District of Montana. Taking these and all other factual allegations in the Second Amended Complaint as true, Plaintiffs have adequately alleged discriminatory intent as required to state a disparate impact equal protection claim. To the extent Plaintiffs also seek to certify the indigent damages and injunctive subclasses as to Counts 1, 2, and 9, the same reasoning applies and their motion for class certification should be denied as premature. Deal with issues between landlords and tenants. In Grant, a state court judge granted a petition to appoint a temporary guardian for the plaintiff without notice or a hearing, as permitted by a state statute in effect at the time, and the guardian then placed the plaintiff in a psychiatric ward where she was involuntarily held for approximately two weeks. The Court therefore finds that Plaintiffs' main injunctive and damages classes cannot seek relief under Count 5 or 8 of the Second Amended Complaint. 40). Ravalli County has two Justices of the Peace. Ann 46-9-505. I have known. The County's motion does not specifically address Count 3 of the Second Amended Complaint, which is titled Status-Based Discrimination on the Basis of Homelessness and alleges the County has criminalized homelessness in violation of the Eighth Amendment to the United States Constitution. (Doc. 69-2 at 9). And thus, Willing Servants' new - and first - poster pony is But because Plaintiffs' injunctive classes do not seek an award of damages, and instead request only prospective injunctive relief, Dukes' admonition that individualized monetary claims belong in Rule 23(b)(3) is inapplicable. Byorth v. USAA Casualty Ins. Count 1 alleges the County imposes pretrial fees without a finding of guilt, and Count 2 alleges the County imposes those pretrial fees as long as the case remains in pretrial status. Plaintiffs use indigency for purposes of qualifying for court appointed counsel as a proxy for establishing inability to pay pretrial fees, and a right to recover all pretrial fees previously paid. V. Conclusion. Because wealth is not a suspect classification, the County argues, Plaintiffs' equal protection claims are subject to rational basis review. Courts generally find Rule 23(a)'s numerosity requirement is satisfied when a class contains at least 40 members. (Doc. As summarized in the opening sentence of the Second Amended Complaint, the core theory of Plaintiffs' case is that Ravalli County operates a wealth-based discrimination scheme, requiring pre-trial arrestees - who have not been found guilty of any crime - to pay exorbitant fees to get out and stay of jail, without considering ability to pay. (Doc. At the motion to dismiss stage, a plaintiff asserting a constitutional claim subject to rational basis review must plausibly allege facts demonstrating that no reasonably conceivable set of facts could provide a rational basis for the challenged policy.

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See Mont. The Court must also determine that a class action is superior to other available methods for fairly and efficiently adjudicating the controversy. Fed.R.Civ.P. The County argues the motion should be denied because: (1) Plaintiffs lack standing to seek the injunctive relief requested; (2) the injunctive relief requested is not available as to the County; (3) Younger abstention applies; and (4) Plaintiffs have not demonstrated that the factors necessary to obtain a preliminary injunction are satisfied. Dist. Montana's bail statutes establish a presumption of release for pretrial arrestees, except in cases that qualify for the death penalty. Rule 23(c)(5) provides that a class may be divided into subclasses that are each treated as a class under the rule. This means that each subclass must independently meet the requirements of Rule 23 for the maintenance of a class action. Betts v. Reliable Collection Agency, Ltd., 659 F.2d 1000, 1005 (9th Cir. 2011)). The County, in turn, has an interest in supervising individuals on pretrial release to ensure that they appear at future court proceeding, and to ensure the safety of the community. Physical Address: 205 Bedford Suite F Hamilton, MT 59840. 2017), a plaintiff must satisfy all four Winter prongs in order to secure an injunction. Cottonwood Envtl. Sanchez v. Office of State Superintendent of Education, 45 F.4th 388, 396 (D.C. Cir. (Doc. (Doc. Third, Plaintiffs assert facts upon which it could be determined that the County's alleged policy of charging Jail Diversion Program fees without considering ability to pay, and incarcerating indigent pretrial arrestees for non-willful failure to pay those fees, bears no rational connection to the County's purpose of promoting public safety and ensuring that arrestees appear for court. They argue Plaintiffs' claims should be dismissed for lack of subject matter jurisdiction because they do not present an actual case or controversy as required for Plaintiffs to have standing under Article III of the United States Constitution. To begin with, Plaintiffs argue no notice is provided before Jail Diversion Program fees are imposed. 34 at 56). To the extent these affidavits raise a factual challenge to jurisdiction, they are properly considered by the Court. U.S. District Judge Dana Christensens March 21 order was two-prong, addressing both the countys motion to dismiss the case and the plaintiffs request for class certification. Because the County does not argue that Plaintiffs fail to state a claim under heightened scrutiny review, Plaintiffs' equal protection claim survives dismissal to the extent it is based on a disparate impact theory of liability. 34 at 102). (Doc. Lindke, 31 F.4th at 493. Make your practice more effective and efficient with Casetexts legal research suite. Kentucky v. Graham, 473 U.S. 159, 166 (1985); Melendres v. Arpaio, 784 F.3d 1254, 1260 (9th Cir. Inc., 716 F.3d 510, 514 (9th Cir. Servs.

In Buffin, the court applied a strict scrutiny standard of review to claims by a class of pretrial detainees that use of a countywide bail schedule violated the plaintiffs' rights to equal protection and due process because it failed to take into account their ability to pay the preset mandatory bail amounts. 61 at 16). The system is affecting so many people, he said. Because a plaintiff must demonstrate standing separately for each form of relief sought, a plaintiff who has standing to seek damages for past injury, or injunctive relief for an ongoing injury, does not necessarily have standing to seek prospective relief such as a declaratory judgment. Mayfield v. U.S., 599 F.3d 964, 969 (9th Cir. Therefore, certification of Plaintiffs' proposed main injunctive class and indigent injunctive subclass is appropriate under Rule 23(b)(2). During that time, Jennifer did my job as well as her own. Bailey hung up his robe with the change of the New Year after 22 years on the bench at the Ravalli County Justice Court, swearing in his replacement, Scott Burlingham, on Friday, Dec. 30. 23(b)(2). See Mont. Second, Plaintiffs assert these interests are significantly affected because the County requires pretrial arrestees to pay exorbitant fees without considering ability to pay, thereby infringing on their property interests and livelihoods, and incarcerates indigent pretrial arrestees for non-willful failure to pay those fees. (Doc. Doc. 34 at 224(d)). The main damages class seeks damages under Counts 1, 2, 5, and 8 of the Second Amended Complaint, while the indigent damages subclass seeks damages under Counts 4, 6, and 7. Because Plaintiffs have alleged facts that would, if later proven true, satisfy the Bearden factors, they have adequately pled an equal protection claim for wealthbased discrimination. See e.g. 58, at 5-6). 69-3 at 7). 34 at 54). (Doc. 1983, challenging Defendant Ravalli County's Jail Diversion Program on constitutional and state law grounds. Departments; Youth . v. Am. Thus, while the Ninth Circuit has emphasized that the need for individualized findings as to the amount of damages does not defeat class certification, a plaintiff must still proffer a common methodology for calculating damages[. As such, the Justices of the Peace are on equal footing with the District Court Judges, who are also state actors for purposes of 1983 liability. (Docs. Plaintiffs have thus alleged facts which, if true, demonstrate that the County has several mechanisms for extracting payment from pretrial arrestees without any involvement from the District Court Judges and Justices of the Peace, such that the County could plausibly be the moving force behind the constitutional violations alleged. Count 6 is thus sufficient to survive dismissal. The First Circuit agreed that ordinarily, no case or controversy' exists between a judge who adjudicates claims under a statute and a litigant who attacks the constitutionality of a statute because [j]udges sit as arbiters without a personal or institutional stake on either side of the constitutional controversy and [a]lmost invariably.. .have played no role in the statute's enactment or initiating its enforcement. 34 at 204-05). 61 at 14). 57, at 12-13). The District Court Judges did not initiate the underlying criminal proceedings against Plaintiffs, and their allegedly improper actions were performed while discharging their duties under Montana's bail statutes and adjudicating issues in the underlying criminal proceedings. Mendiondo v. Centinela Hosp. (Doc 34 at 195). I wholeheartedly support Jennifer Bedey Ray and hope the citizens of Ravalli County realize what a great asset she will be when elected as your new Justice of the Peace. See also West v. California Servs. As a result of his periodic incarcerations while in the Jail Diversion Program, O'Toole has not been able to find and maintain employment. Co. v. Trustees of the Rex Hospital, 425 U.S. 738, 740 (1976); Tanner v. Heise, 879 F.2d 572, 576 (9th Cir. While the likelihood of success on the merits is the most important factor, Disney Enterprises, Inc. v. VidAngel, Inc., 869 F.3d 846, 856 (9th Cir. In re Justices, 695 F.2d at 18-19. Count 5 builds on the assertions in Count 4 and alleges the County provides constitutionally deficient due process by assessing pretrial fees without considering ability to pay and, in doing so, effectively criminalizes poverty and incarcerates pretrial arrestees because of their inability to afford pretrial fees. Get up-to-the-minute news sent straight to your device. Although the County did not also file the declarations as exhibits to its response to Plaintiffs' preliminary injunction motion, the declarations are part of the record in this case and are properly considered by the Court. 34 at 224(e)(f)). The purpose of TOP is to promote the safety and protection of victims of partner and family member assault, victims of sexual assault, and victims of stalking. "I . Therefore, even if the County is found liable for requiring payment of pretrial fees without considering ability to pay, the individualize damages inquiry for each class member would overwhelm questions common to class. The County also challenges whether the declarations provided by Plaintiffs are sufficient to demonstrate that 83 percent of the 800 Jail Diversion Program are indigent. In Tate, the Supreme Court extended the rule in Williams and held that equal protection principles prohibit the [s]tate from imposing a fine as a sentence and then automatically converting it into a jail term solely because the defendant is indigent cannot forthwith pay the fine in full. Tate, 401 U.S. at 398. As pointed out above, Plaintiffs' due process claims are set forth in Counts 1, 2, 4, 5, and 9 of the Second Amended Complaint. Buffin v. California, 2018 WL 424362, at *7-10 (N.D. Cal. ' Lazy Y Ranch Ltd. v. Behrens, 546 F.3d 580, 588 (9th Cir. blue-eyed adoptee will have a future in fundraising, parades and Plaintiffs submit that individual questions concern only damages calculations and therefore cannot defeat certification under the predominance inquiry. The County argues, and Plaintiffs do not disagree, that Plaintiffs are not claiming the Jail Diversion Program is being unequally administered. A plaintiff must also satisfy one of the three subsections of Rule 23(b), which requires a showing that: (1) prosecuting separate actions would create a risk of prejudice; (2) declaratory or injunctive relief is appropriate as to the class; or (3) common questions of law or fact predominate over individual issues and a class action is superior to other methods of adjudication.