DISABILITY RIGHTS MONTANA, INC. v. BATISTA

No. 15-35770.

930 F.3d 1090 (2019)

DISABILITY RIGHTS MONTANA, INC., on behalf of all prisoners with serious mental illness confined to the Montana State Prison, Plaintiff-Appellant, v. Mike BATISTA, in his official capacity as Director of the Montana Department of Corrections; Leroy Kirkegard, in his official capacity as warden of Montana State Prison, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 19, 2019.


Attorney(s) appearing for the Case

Jeffrey A. Simmons (argued), Foley & Lardner LLP, Madison, Wisconsin; Alex Rate (argued), American Civil Liberties Union of Montana, Missoula, Montana; Kyle Gray and Adrian Miller ; Holland & Hart LLP, Billings, Montana; Plaintiff-Appellant.

Thomas J. Leonard (argued), William L. Crowley , Mary Cile Glover-Rogers , Boone Karlberg P.C., Missoula, Montana; Colleen E. Ambrose , Special Assistant Attorney General, Montana Department of Corrections, Helena, Montana; for Defendants-Appellees.

Elisabeth Centeno Lopez , Alexandre H. Rene , Helen Vera , and Jonathan R. Ference-Burke , Ropes & Gray LLP, Washington, D.C.; Diane Smith Howard , National Disability Rights Network, Washington, D.C.; for Amici Curiae National Disability Rights Network and Ten Jurisdictions' Protection and Advocacy Agencies.

Before: Ronald M. Gould and Richard A. Paez, Circuit Judges, and Janis Graham Jack, District Judge.


OPINION

Disability Rights Montana, Inc. ("DRM") alleges, pursuant to 42 U.S.C. § 1983, that the Director of the Montana Department of Corrections and the Warden of the Montana State Prison (the "DOC defendants") have violated the Eighth Amendment rights of "all prisoners with serious mental illness who are confined...

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