NOREN v. STRAW

No. CV-81-84-BLG.

578 F.Supp. 1 (1982)

Craig R. NOREN, Donald L. Sjolseth, William S. Dahl, and Clarence Pippin, individually and on behalf of other persons similarly situated, Plaintiffs, v. James STRAW, Miron E. McClintock, a/k/a M.E. "Mike" McClintock, and David Gorton, Commissioners; Yellowstone County, Montana; Richard Shaffer, Sheriff; and James Heine, Head Jailer, Defendants.

United States District Court, D. Montana, Billings Division.

March 9, 1982.


Attorney(s) appearing for the Case

Jeffrey T. Renz and James A. Patten, Patten & Renz, Billings, Mont., Stephen L. Pevar, American Civil Liberties Union, Denver, Colo., for plaintiffs.

Charles R. Cashmore, Billings, Mont., John R. Barker, Portland, Or., for defendants.

Ward Swanser, Billings, Mont., for Commissioners.


MEMORANDUM OPINION

BATTIN, Chief Judge.

Both plaintiffs and defendants have filed motions for partial summary judgment in the instant action. For the reasons discussed below, we believe both motions should be granted on certain limited issues.

I. FACTUAL BACKGROUND

Plaintiffs, former prisoners in the Yellowstone County Jail, filed this § 1983 action on April 9, 1981, against the Yellowstone

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