Case: Steinke v. Washington County

3:94-cv-00396 | U.S. District Court for the District of Oregon

Filed Date: April 18, 1994

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Case Summary

On April 18, 1994, criminal defense attorneys who represent inmates confined in the Washington County Jail in Hillsboro, Oregon, filed suit in the U.S. District Court for the District of Oregon against the county under 42 U.S.C. §1983 requesting that the county provide them with adequate and private space in which they could confer with their clients at the jail. The plaintiffs alleged that the use of the space available to them for client consultation violated their rights to practice their profession according to the highest standards under the Fourteenth Amendment, violated their First Amendment rights to free speech, and violated their clients' right to counsel by inhibiting full and free communication. The conditions of attorney-client communication was alleged to be unconstitutional because male inmates had to sit close to one another in their second floor interview room, allowing inmate statements in a normal conversational tone to be overheard by other inmates in the room. Also, the third floor interview room for female inmates contained a window that opened at the bottom directly into the corrections staff office. The window was located three feet from where the attorney sits, permitting corrections staff to eavesdrop at will.

On July 1, 1994, the U.S. District Court for the District of Oregon (Judge Helen J. Frye) ordered the criminal defense attorneys to attempt to resolve the issues of inadequate communication in the context of actions filed by criminal defendants themselves raising the same issues. Steinke v. Washington County, 857 F.Supp. 55 (D.Or. 1994). Judge Frye referred to the consent decrees in Jungwirth v. Barnes, No. 83-634 (JC-OR-005), regarding male inmates at the Washington County Jail, and Davis v. Friese, No. 83-1272 (JC-OR-004), regarding female inmates at the jail. The court noted that the decrees in those cases included provisions specifically addressing the issue of adequate space for confidential attorney-client conferences. Accordingly, Judge Frye transferred this case to Judge James A. Redden, who was assigned to Jungwirth, for further action consistent with his continued jurisdiction in the Jungwirth case.

Judge Redden entered a consent decree on June 28, 1995, in which Washington County agreed to soundproof the interview rooms and to obtain more space in the jail for private consultations. On September 8, 1995, Judge Redden held that the criminal defense attorneys were entitled to a fee award under 42 U.S.C. §1988 as a prevailing party. Steinke v. Washington County, 903 F.Supp. 1403 (D.Or. 1995). The criminal defense attorneys had achieved prevailing party status as a result of the consent decree entered in the case that increased the privacy that is necessary for attorney-client consultations.

The attorney's fee issue is the last substantive entry in the docket; the docket concludes with a notation dated July 20, 1998, that the case file was sent to the Federal Records Center.

Summary Authors

Kristen Sagar (6/30/2009)

People

Judge(s)

Frye, Helen Jackson (Oregon)

Redden, James Anthony (Oregon)

Attorney for Plaintiff

LeSage, Lisa M. (Oregon)

Neal, Spencer M. (Oregon)

Attorney for Defendant

Junkin, John M. (Oregon)

Judge(s)

Frye, Helen Jackson (Oregon)

Redden, James Anthony (Oregon)

Attorney for Plaintiff

LeSage, Lisa M. (Oregon)

Neal, Spencer M. (Oregon)

Attorney for Defendant

Junkin, John M. (Oregon)

Documents in the Clearinghouse

Documents in this case

3:94-cv-00396	Docket [PACER]	July 20, 1998	July 20, 1998 Docket
22 3:94-cv-00396	Opinion	July 1, 1994	July 1, 1994 Order/Opinion 857 F.Supp. 55
43 3:94-cv-00396	Opinion	Sept. 8, 1995	Sept. 8, 1995 Order/Opinion 903 F.Supp. 1403

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Docket

Last updated March 24, 2025, 8:26 a.m.

ECF Number	Date	Description	Link
1	April 18, 1994	COMPLAINT (Cause Code: 42:1983cv ) ( Receipt # 150073) (former employee) (Entered: 04/19/1994)	PACER
2	April 18, 1994	SUMMONS ISSUED as to Defendant Washington County (former employee) (Entered: 04/19/1994)	PACER
3	April 18, 1994	ORDER Discovery Schedule discovery ddl set for 8/16/94 pretrial order deadline set for 9/15/94 (former employee) (Entered: 04/19/1994)	PACER
4	April 22, 1994	MOTION & MEMORANDUM by Plaintiff CERTIFY CLASS Oral Argument Requested (former employee) (Entered: 04/22/1994)	PACER
5	April 22, 1994	MOTION & MEMORANDUM by Plaintiffs FOR PRELIMINARY INJUNCTION Oral Argument Requested (former employee) (Entered: 04/22/1994)	PACER
6	April 28, 1994	RECORD OF ORDER by Honorable Helen J. Frye SETTING Plaintiff's MOTION FOR PRELIMINARY INJUNCTION [5-1] & MOTION TO CERTIFY CLASS [4-1] on the oral argument calendar of 2:30 5/23/94 (counsel notified) Court Rptr none (former employee) (Entered: 04/29/1994)	PACER
7	May 5, 1994	RESPONSE by Defendant Washington County to [4-1] Plaintiff's MOTION CERTIFY CLASS (submitted as a REPLY) (former employee) (Entered: 05/05/1994)	PACER
8	May 5, 1994	RESPONSE by Defendant Washington County to [5-1] Plaintiff's MOTION FOR PRELIMINARY INJUNCTION (submitted as MEMORANDUM) (former employee) (Entered: 05/05/1994)	PACER
10	May 11, 1994	MEMORANDUM IN SUPPORT by Defendant Washington County of MOTION TO DISMISS [9-1] (former employee) (Entered: 05/11/1994)	PACER
11	May 12, 1994	REPLY IN SUPPORT by Plaintiffs re [4-1] MOTION CERTIFY CLASS (former employee) (Entered: 05/12/1994)	PACER
12	May 13, 1994	RECORD OF ORDER by Honorable Helen J. Frye SETTING Defendant's MOTION TO DISMISS [9-1] on oral argument calendar of 1:30 6/13/94 (counsel notified) Court Rptr none (former employee) (Entered: 05/13/1994)	PACER
13	May 18, 1994	MOTION by Plaintiffs FOR LEAVE TO FILE AMENDED COMPLAINT (former employee) (Entered: 05/19/1994)	PACER
14	May 18, 1994	RESPONSE by Plaintiffs to [9-1] Defendant Washington County's MOTION TO DISMISS (former employee) (Entered: 05/19/1994)	PACER
15	May 18, 1994	REPLY IN SUPPORT by Plaintiffs re [5-1] MOTION FOR PRELIMINARY INJUNCTION (former employee) (Entered: 05/19/1994)	PACER
16	May 20, 1994	RECORD OF ORDER by Honorable Helen J. Frye GRANTING Plaintiff's MOTION FOR LEAVE TO FILE AMENDED COMPLAINT [13-1]. Plaintiff shall have 10 days to submit an amended complaint. iORDER RESETTING Defendants MOTION TO DISMISS [9-1] ; Plaintiff's MOTION FOR PRELIMINARY INJUNCTION [5-1] & MOTION CERTIFY CLASS [4-1] to the oral argument calendar of 6/13/94 at 9am (counsel notified) Court Rptr none (former employee) (Entered: 05/24/1994)	PACER
17	May 27, 1994	AMENDED COMPLAINT [1-1] by Plaintiffs Griffith Steinke, Laura Graser, Ray Bassel (former employee) (Entered: 05/27/1994)	PACER
18	June 8, 1994	MOTION & MEMORANDUM by Defendant Washington County TO DISMISS AMENDED COMPLAINT Oral Argument Requested (former employee) Modified on 06/09/1994 (Entered: 06/09/1994)	PACER
19	June 9, 1994	RECORD OF ORDER by Honorable Helen J. Frye RESETTING Plaintiffs MOTION FOR PRELIMINARY INJUNCTION [5-1] and MOTION CERTIFY CLASS [4-1] & SETTING Defendants MOTION TO DISMISS AMENDED COMPLAINT [18-1] to the oral argument calendar of 9:00 6/27/94. ORDER the Court will deem Defendants MOTION TO DISMISS [9-1] MOOT as it dealt with the original complaint & an amended complaint has been filed. (counsel notified) Court Rptr none (former employee) (Entered: 06/10/1994)	PACER
20	June 20, 1994	RESPONSE by Plaintiffs' to [18-1] Defendant's MOTION TO DISMISS AMENDED COMPLAINT (former employee) (Entered: 06/21/1994)	PACER
21	June 27, 1994	RECORD OF PROCEEDINGS before Honorable Helen J. Frye TAKING UNDER ADVISEMENT on 6/27/94 Plaintiffs MOTION TO CERTIFY CLASS [4-1]; Plaintiffs MOTION FOR PRELIMINARY INJUNCTION [5-1] & Defendants MOTION TO DISMISS AMENDED COMPLAINT [18-1] (cc: Counsel notified) Court Rptr D Grube (former employee) (Entered: 06/28/1994)	PACER
23	July 1, 1994	ORDER by Honorable Helen J. Frye DENYING Plaintiff's MOTIONS FOR PRELIMINARY INJUNCTION [5-1] & MOTION CERTIFY CLASS [4-1] with leave to renew after transfer. ORDER DENYING Defendant's MOTION TO DISMISS AMENDED COMPLAINT [18-1]. CASE REASSIGNED to Honorable James A. Redden for further action consistent with his continued jurisdiction in the Jungwirth case. Signed 7/1/94 (counsel notified) (former employee) (Entered: 07/05/1994)	PACER
24	July 5, 1994	NOTICE OF REASSIGNMENT TO The Honorable James A Redden [cc: all counsel] (former employee) (Entered: 07/05/1994)	PACER
25	July 12, 1994	RECORD OF ORDER by Honorable James A. Redden Status conference set for 10:00 7/18/94 (counsel notified) (cpriestley) (Entered: 07/13/1994)	PACER
26	July 18, 1994	RECORD OF PROCEEDINGS Status conference held before Honorable James A. Redden Court reporter none (cc: Counsel notified) (cpriestley) (Entered: 07/20/1994)	PACER
27	Oct. 3, 1994	RECORD OF ORDER by Honorable James A. Redden telephone status conference set for 11:00 10/17/94 (counsel notified) (cpriestley) (Entered: 10/05/1994)	PACER
28	Oct. 17, 1994	RECORD OF PROCEEDINGS before Honorable James A. Redden The court visit the Washington County jail on 11/10/94 at 9:30am. (cc: Counsel notified) Court Rptr none (cpriestley) (Entered: 10/21/1994)	PACER
29	Nov. 16, 1994	RECORD OF ORDER by Honorable James A. Redden , telephone conference set for 10:00 12/12/94 (counsel notified) (cpriestley) (Entered: 11/17/1994)	PACER
30	Dec. 12, 1994	RECORD OF PROCEEDINGS before Honorable James A. Redden Defendant shall submit a written settlement proposal to Plaintiffs and provide a copy to the court. (cc: Counsel notified) Court Rptr Jerry Harris (cpriestley) (Entered: 12/14/1994)	PACER
31	Feb. 28, 1995	RECORD OF ORDER by Honorable James A. Redden , , Status conference set for 9:30 3/13/95 (counsel notified) (cpriestley) (Entered: 03/01/1995)	PACER
32	March 13, 1995	RECORD OF PROCEEDINGS before Honorable James A. Redden Record of status conference Defense counsel shall submit a proposed order to the court (cc: Counsel notified) Court Rptr Jerry Harris (cpriestley) (Entered: 03/14/1995)	PACER
33	May 1, 1995	RECORD OF ORDER by Honorable James A. Redden telephone conference set for 10:00 5/30/95 Defendant is requested to file a response to Plaintifs letter to this court 4/27/95 by 5/15/95.(counsel notified) (cpriestley) (Entered: 05/02/1995)	PACER
34	May 30, 1995	RECORD OF PROCEEDINGS before Honorable James A. Redden parties will report the status of this case to the Court as soon as the consent decree is agreed upon (cc: Counsel notified) Court Rptr Jerry Harris (former employee) (Entered: 05/31/1995)	PACER
35	June 28, 1995	CONSENT DECREE Defendant shall provide the following accommodations to improve the attorney-inmate conference opportunities in the Washington County Jail. This Consent Decree applies only to the existing jail facilities & shall not apply to newly constructed or planned jail facitilites of Washington County (see file). signed 6/28/95 Honorable James A. Redden (cc: Counsel notified) (former employee) (Entered: 06/29/1995)	PACER
36	July 3, 1995	MOTION & MEMORANDUM by Plaintiffs FOR ATTORNEY FEES Oral Argument Requested (former employee) (Entered: 07/05/1995)	PACER
37	July 12, 1995	AFFIDAVIT by Plaintiffs of Elizabeth McKanna re MOTION FOR ATTORNEY FEES [36-1] (former employee) (Entered: 07/12/1995)	PACER
38	July 13, 1995	MOTION by Defendant Washington County TO EXTEND TIME TO 7/28/95 TO RESPOND TO PLAINTIFF'S MOTION FOR ATTORNEY FEES [36-1] (former employee) (Entered: 07/13/1995)	PACER
39	July 14, 1995	RECORD OF ORDER by Honorable James A. Redden GRANTING Defendants MOTION TO EXTEND TIME TO 7/28/95 TO RESPOND TO PLAINTIFF'S MOTION FOR ATTORNEY FEES [36-1] [38-1] (counsel notified) Court Rptr none (former employee) (Entered: 07/17/1995)	PACER
40	July 28, 1995	RESPONSE by Defendant Washington County to [36-1] Plaintiffs' MOTION FOR ATTORNEY FEES (submitted as objections) (former employee) (Entered: 07/28/1995)	PACER
41	Aug. 2, 1995	SUPPLEMENTAL MOTION & AFFIDAVIT by Plaintiffs FOR ATTORNEY FEES (former employee) (Entered: 08/02/1995)	PACER
42	Aug. 2, 1995	REPLY TO Defendants RESPONSE by Plaintiff re [36-1] MOTION FOR ATTORNEY FEES (former employee) (Entered: 08/02/1995)	PACER
43	Sept. 8, 1995	OPINION re MOTION FOR ATTORNEY FEES [41-1], MOTION FOR ATTORNEY FEES [36-1]. Plaintiffs are awarded fees in the amount of $23,951 for Attorney Neal and $429 attorney Lesage Signed & Entered 9/8/96 by Honorable James A. Redden (counsel notified) (cpriestley) (Entered: 09/08/1995)	PACER
44	Sept. 8, 1995	ORDER by Honorable James A. Redden GRANTING MOTION FOR ATTORNEY FEES [41-1], GRANTING MOTION FOR ATTORNEY FEES [36-1] Plaintiff are awarded fees and costs in the amount of $24,548.48 and $1768.20 for a supplemental fee award. Signed & Entered (counsel notified) (cpriestley) (Entered: 09/08/1995)	PACER
	July 20, 1998	CASE FILE SENT TO THE FRC Accession number 21-98-0076 Location number 723513-723655 Box 26 of 143 (tomg) (Entered: 07/20/1998)	PACER

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Case Details

State / Territory:

Oregon

Case Type(s):

Jail Conditions

Key Dates

Filing Date: April 18, 1994

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Criminal defense attorneys requesting that county provide them with adequate and private space in which they could confer with their clients at county jail

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

County

Washington County Jail

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Freedom of speech/association

Other Dockets:

District of Oregon 3:94-cv-00396

Available Documents:

Any published opinion

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

General/Misc.:

Access to lawyers or judicial system

Jails, Prisons, Detention Centers, and Other Institutions:

Law library access

Recommended Citation

Case Summary of Steinke v. Washington County, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/227/ (last updated 6/30/2009).