Case: Robyn A. v. McCoy

3:90-cv-01151 | U.S. District Court for the District of Oregon

Filed Date: Nov. 9, 1990

Closed Date: 1994

Clearinghouse coding complete

Case Summary

On November 9, 1990, two thirteen-year-old boys and a fifteen-year-old girl confined at the Donald E. Long Home (DELH) in Multnomah County, Oregon filed a class action lawsuit against the chairperson and members of the Board of County Commissioners for Multnomah County. The plaintiffs brought suit by and through Susan F. Mandiberg, professor of law at Northwestern School of Law of Lewis and Clark College, and were represented by counsel from Oregon Legal Services, Multnomah County Legal Aid, th…

On November 9, 1990, two thirteen-year-old boys and a fifteen-year-old girl confined at the Donald E. Long Home (DELH) in Multnomah County, Oregon filed a class action lawsuit against the chairperson and members of the Board of County Commissioners for Multnomah County. The plaintiffs brought suit by and through Susan F. Mandiberg, professor of law at Northwestern School of Law of Lewis and Clark College, and were represented by counsel from Oregon Legal Services, Multnomah County Legal Aid, the Juvenile Rights Project, and the National Center for Youth Law. They complained of unconstitutional conditions at the DELH, including dangerous physical conditions, inadequate medical services, and insufficient provision of meals, seeking declaratory and injunctive relief under 42 U.S.C. § 1983 on behalf of themselves and all others similarly situated at the DELH.

On April 23, 1992, the parties entered a consent decree in the United States District Court for the District of Oregon. The Court (Judge Helen J. Frye) ordered that the DELH must be closed on October 31, 1993, after which time a replacement facility would be utilized. Prior to closure, the defendants were to comply with a list of fifty provisions, including instituting a fire evacuation plan, providing janitorial services and medical care, and maintaining a comfortable temperature in the DELH. The consent decree provided for a monitor or panel of monitors, to be chosen jointly by the plaintiffs and defendants, in order to conduct on-site inspections of the DELH twice a year. The Court (Judge Frye) granted the parties' motion to dismiss on May 5, 1994, after the terms of the consent decree were fulfilled. The case file was sent to the FRC on March 15, 1995.

Summary Authors

Stacey Jensen (5/22/2006)

People


Judge(s)

Frye, Helen Jackson (Oregon)

Attorney for Plaintiff

Baldwin, Richard C. (Oregon)

Lambert, David Lee (California)

Attorney for Defendant

Doyle, J. Michael (Oregon)

Kressel, Laurence (Oregon)

Documents in the Clearinghouse

Documents in this case

3:90-cv-01151

Docket [PACER]

March 15, 1995

March 15, 1995

Docket
4

3:90-cv-01151

Complaint (Class Action)

Nov. 9, 1990

Nov. 9, 1990

Complaint
62

3:90-cv-01151

Consent Decree

April 23, 1992

April 23, 1992

Order/Opinion

Docket

Last updated March 26, 2025, 8:42 a.m.

ECF Number Date Description Link
1 Nov. 9, 1990

Application & ORD by plaintiff Robyn A to proceedin in forma pauperis-So approved. s/11/9/90 Magistrate William M. Dale, ntfd. (former employee) (Entered: 11/13/1990)

PACER
2 Nov. 9, 1990

Application & ORD by plaintiff Justin H to proceed in forma pauperis-So approved. s/11/9/90 Magistrate William M. Dale, ntfd. (former employee) (Entered: 11/13/1990)

PACER
3 Nov. 9, 1990

Application & ORD by plaintiff Rickie H to proceed in forma pauperis- So Approved. s/11-9-90 Magistrate William M. Dale, ntfd. (former employee) (Entered: 11/13/1990)

PACER
4 Nov. 9, 1990

COMPLAINT-civil right-class action. (former employee) (Entered: 11/13/1990)

PACER
5 Nov. 9, 1990

Summons issued as to defendant Rick Bauman (former employee) (Entered: 11/13/1990)

PACER
6 Nov. 9, 1990

Summons issued as to defendant Pauline Anderson (former employee) (Entered: 11/13/1990)

PACER
8 Nov. 9, 1990

Summons issued as to defendant Harold Ogburn (former employee) (Entered: 11/13/1990)

PACER
9 Nov. 9, 1990

Summons issued as to defendant Sharron Kelley (former employee) (Entered: 11/13/1990)

PACER
10 Nov. 9, 1990

Summons issued as to defendant Gretchen Kafoury (former employee) (Entered: 11/13/1990)

PACER
11 Nov. 9, 1990

ORDER: discovery ddl set for 3/9/91; setting pretrial order ddl for 4/8/91 (former employee) (Entered: 11/13/1990)

PACER
12 Nov. 9, 1990

MOTION by plaintiffs' to certify class action #12 o/a req. (former employee) (Entered: 11/13/1990)

PACER
13 Nov. 9, 1990

Memorandum by plaintiffs' in support of motion to certify class action [12-1] (former employee) (Entered: 11/13/1990)

PACER
14 Nov. 9, 1990

Affidavit of Angela Sherbo regarding motion to certify class action [12- 1] (former employee) (Entered: 11/13/1990)

PACER
15 Nov. 9, 1990

Affidavit of Susan Mandiberg regarding motion to certify class action [12-1] purusant to FRCP 23(a) & 23(b)(2). (former employee) (Entered: 11/13/1990)

PACER
16 Nov. 9, 1990

MOTION by plaintiffs for limited admission of David Lambert #16 (former employee) (Entered: 11/13/1990)

PACER
17 Nov. 9, 1990

Summons issued as to dft Sharron Kelley (former employee) (Entered: 11/13/1990)

PACER
18 Nov. 9, 1990

Summons issued as to defendant Harold Ogburn (former employee) (Entered: 11/13/1990)

PACER
19 Nov. 9, 1990

Summons issued as to defendant Gretchen Kafoury (former employee) (Entered: 11/13/1990)

PACER
20 Nov. 9, 1990

Summons issued as to defendant Pauline Anderson (former employee) (Entered: 11/13/1990)

PACER
21 Nov. 9, 1990

Summons issued as to defendant Gladys Mc Coy (former employee) (Entered: 11/13/1990)

PACER
22 Nov. 9, 1990

Summons issued as to defendant Rick Bauman (former employee) (Entered: 11/13/1990)

PACER
23 Nov. 13, 1990

Return of service executed upon defendant Gretchen Kafoury on 11/9/90 (former employee) (Entered: 11/13/1990)

PACER
24 Nov. 13, 1990

Return of service executed upon defendant Harold Ogburn on 11/9/90 (former employee) (Entered: 11/13/1990)

PACER
25 Nov. 13, 1990

Return of service executed upon defendant Rick Bauman on 11/9/90 (former employee) (Entered: 11/13/1990)

PACER
26 Nov. 13, 1990

Return of service executed upon defendant Pauline Anderson on 11/9/90 (former employee) (Entered: 11/13/1990)

PACER
27 Nov. 13, 1990

Return of service executed upon defendant Sharron Kelley on 11/9/90 (former employee) (Entered: 11/13/1990)

PACER
28 Nov. 13, 1990

Return of service executed upon defendant Gladys Mc Coy on 11/9/90 (former employee) (Entered: 11/13/1990)

PACER
30 Nov. 13, 1990

Return of service executed upon defendant Gladys Mc Coy on 11/9/90 (former employee) (Entered: 11/16/1990)

PACER
29 Nov. 14, 1990

RECORD OF ORD: Case reassigned to Honorable Helen J. Frye for all furth proceedings , cnsl use FR after case #. ntfd Magistrate William M. Dale (former employee) (Entered: 11/15/1990)

PACER
31 Nov. 16, 1990

Affid of service executed upon all dfts on by delivering to atty HH Lazenby at Mult Cty 11/9/90 (former employee) (Entered: 11/16/1990)

PACER
32 Nov. 20, 1990

RECORD OF ORD: granting pltf's motion for limited admission of David Lambert [16-1]. Court will not set pltf's mot for class cert #12 til dfts answer. ntfd Honorable Helen J. Frye (former employee) (Entered: 11/21/1990)

PACER
33 Nov. 23, 1990

MOTION by defendant to extend time to answer to 12/28/90 #33-1 , to extend time re pltfs' certif of class #33-2 , affid (former employee) (Entered: 11/26/1990)

PACER
34 Dec. 4, 1990

RECORD OF ORD: granting motion to extend time to answer to 12/28/90 [33-1] and to extend time re pltfs' certif of class [33-2] ntfd Honorable Helen J. Frye (former employee) (Entered: 12/04/1990)

PACER
35 Dec. 6, 1990

RECORD OF ORD: grant pltfs motion for limited admission of David Lambert [16-1] ntfd Honorable Helen J. Frye (former employee) (Entered: 12/06/1990)

PACER
36 Jan. 2, 1991

MOTION by defendants' to stay # 36-1 , to dismiss or abstain #36-2 (former employee) (Entered: 01/02/1991)

PACER
37 Jan. 2, 1991

Memorandum by defendant in support of motion to stay [36-1], of motion to dismiss or abstain [36-2] (former employee) (Entered: 01/02/1991)

PACER
38 Jan. 2, 1991

Affidavit of H.H. Lazenby, Jr. regarding motion to stay # [36-1], regarding motion to dismiss or abstain [36-2] (former employee) (Entered: 01/02/1991)

PACER
39 Jan. 11, 1991

RECORD OF ORD: SET dft's mot to stay [36-1] (noa), or in alt motion to dismiss or abstain [36-2] M/C 2/4/91 (noa) ntfd Honorable Helen J. Frye (former employee) (Entered: 01/11/1991)

PACER
40 Jan. 11, 1991

MOTION by plaintiff for enlargement of time to respond to mot stay, dism, etc (#36) #40 , affid (former employee) (Entered: 01/14/1991)

PACER
42 Jan. 18, 1991

Memorandum in oppos by plaintiff to dfts'motion to stay [36-1], motion to dismiss or abstain [36-2] OA REQ (former employee) (Entered: 01/22/1991)

PACER
43 Jan. 18, 1991

Affidavit of Denise Osborn regarding motion response [42-1] (former employee) (Entered: 01/22/1991)

PACER
44 Jan. 25, 1991

RECORD OF ORD: resetting defts' motion to stay [36-1] & to dismiss or abstain [36-2] from 2/4/91 to M/C 2/11/91, 1:30. ntfd Honorable Helen J. Frye (former employee) (Entered: 01/25/1991)

PACER
45 Feb. 1, 1991

Reply memo by defendant in support of motion to stay [36-1], or dismiss or abstain [36-2] (former employee) (Entered: 02/04/1991)

PACER
46 Feb. 11, 1991

RECORD OF HRG on dfts' mot to stay or alt mot to dism #36-1 & 36-2. ORD deny dfts' mot to stay, etc #36-1 & 36-2. ntfd Honorable Helen J. Frye (former employee) (Entered: 02/12/1991)

PACER
47 March 7, 1991

Joint MOTION to enlarge the time for discovery #47 , affid (former employee) (Entered: 03/07/1991)

PACER
48 March 8, 1991

RECORD OF ORD: granting joint motion to enlarge the time for discovery [47-1] Discovery 7/9/91; PTO 8/9/91 , ntfd Honorable Helen J. Frye (former employee) (Entered: 03/11/1991)

PACER
49 April 2, 1991

ORDER grant pltfs motion to certify class action [12-1] Class defined as all children who were confined at Donald E. Long Home from 11/9/90, to date & all those who may be confined there in future. ntfd Signed 4/1/91 microfilmed & ent 4/2/91 Honorable Helen J. Frye (former employee) (Entered: 04/02/1991)

PACER
50 April 26, 1991

JOINT MOTION by parties for protective order #50 (former employee) (Entered: 04/26/1991)

PACER
51 May 1, 1991

RECORD OF ORD: grant joint motion for protective order [50-1] ntfd Honorable Helen J. Frye (former employee) (Entered: 05/02/1991)

PACER
52 May 13, 1991

MOTION by plaintiff for order allowing substitution of party (Gary Hansen for Gretchen Kafoury as dft) #52 , affid (former employee) (Entered: 05/14/1991)

PACER
53 May 15, 1991

RECORD OF ORD: granting pltf's motion for order allowing substitution of party (Gary Hansen for Gretchen Kafoury as dft) [52-1] ntfd Honorable Helen J. Frye (former employee) (Entered: 05/15/1991)

PACER
54 June 10, 1991

Joint MOTION by pltf to enlarge the time for discovery #54 (former employee) (Entered: 06/11/1991)

PACER
55 June 11, 1991

RECORD OF ORD: grant joint motion to enlarge the time for discovery to 10/7/91 and to enlarge time for dfts to resp to pltfs' lst set of itnerrogs & pltfs' lst req for admission to 6/18/91. ORD PTO 11/7/91/court's own motion , ntfd Honorable Helen J. Frye (former employee) (Entered: 06/12/1991)

PACER
56 July 11, 1991

Notice Substitution of counsel: RICHARD C BALDWIN for pltfs in substitution for LOUIS D SAVAGE (former employee) (Entered: 07/11/1991)

PACER
57 Nov. 4, 1991

MOTION by defendant Gladys Mc Coy to extend time for filing of pretrial order [57-1] (cpriestley) (Entered: 11/05/1991)

PACER
58 Nov. 8, 1991

RECORD OF ORD: granting motion to extend time for filing of pretrial order [57-1] PTO 12/15/91 , ntfd Honorable Helen J. Frye (former employee) (Entered: 11/13/1991)

PACER
Dec. 23, 1991

LODGED: Pretrial Order (former employee) (Entered: 12/24/1991)

PACER
59 Dec. 30, 1991

RECORD OF ORDER: Setting TELEPHONE Status Conf. for Mon., 1/13/92, 8:30AM for the setting of a trial date. ntfd Honorable Helen J. Frye (former employee) (Entered: 12/31/1991)

PACER
60 Feb. 4, 1992

RECORD OF ORDER: Setting a Telephone Status Conf. Call, Thurs., 2/20/92 at 8:30AM before Judge Helen J. Frye ntfd Honorable Helen J. Frye (former employee) (Entered: 02/04/1992)

PACER
61 Feb. 20, 1992

RECORD OF TELEPHONE STATUS CONF.: ORDER: Setting case for Trial 6/16/92 at 9:00AM before Judge Helen J. Frye (3 wks) ORDER: Setting P/T Conf., Mon., 6/8/92, at 10:30AM before Judge Helen J. Frye/ ntfd Honorable Helen J. Frye Court Rptr D. Grube (former employee) (Entered: 02/21/1992)

PACER
62 April 23, 1992

CONSENT JUDGMENT The Ptys. to this class action challenging the constitutionality of the conditions & practices at the Donald E. Long Home have agreed to a Jgm. which resolves all issues w/o trial. IT IS ORDERED, ADJUDGED & DECREED. The Ptys agree that Pltfs. are the prevailing pty. & are entitled to Atty. fees & costs. The Ptys will attempt to reach a separate agreement on the issues. If no agreement can be reached w/in 60 days, Pltfs. will w/in 120 days, submit the issue to the Ct. (See file for full 13 pg. Consent Decree) ntfd Signed 4/23/92 microfilmed 4/24/92 Honorable Helen J. Frye (former employee) (Entered: 04/24/1992)

PACER
63 May 4, 1994

STIPULATED MOTION by Parties TO DISMISS ACTION (former employee) (Entered: 05/04/1994)

PACER
64 May 5, 1994

ORDER OF DISMISSAL by Honorable Helen J. Frye GRANTING MOTION TO DISMISS ACTION [63-1] as the termcs of the Consent Decree has been fulfilled. Case is DISMISSED. Signed 5/4/94 (counsel notified) (former employee) (Entered: 05/05/1994)

PACER
March 15, 1995

CASE FILE SENT TO THE FRC Accession number 21-95-0061 Location number X3685 Box 65 of 190 (former employee) (Entered: 07/27/1995)

PACER

Case Details

State / Territory:

Oregon

Case Type(s):

Juvenile Institution

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Nov. 9, 1990

Closing Date: 1994

Case Ongoing: No

Plaintiffs

Plaintiff Description:

juveniles at the Donald E. Long Home in Multnomah County, Oregon

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

National Center for Youth Law

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

County

Multnomah County

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Other Dockets:

District of Oregon 3:90-cv-01151

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

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

Order Duration: 1992 - 1994

Issues

General/Misc.:

Fire safety

Food service / nutrition / hydration

Sanitation / living conditions

Staff (number, training, qualifications, wages)

Totality of conditions

Affected Sex/Gender(s):

Female

Male

Jails, Prisons, Detention Centers, and Other Institutions:

Recreation / Exercise

Medical/Mental Health Care:

Medical care, general

Recommended Citation