[Missoula, Montana] On November 21st, a federal court gave final approval to a settlement between the inmates of Lake County Jail and jail administrators. The jail agreed to several major changes, including adopting new policies and procedures and building both an outdoor recreation area and additional inmate housing units.
In 2021 and 2022, dozens of individual inmates filed lawsuits challenging the conditions of confinement at Lake County Jail as unconstitutional. After the court consolidated the lawsuits and certified the case as a class action lawsuit, the inmate class argued that the jail was overcrowded and that they were deprived of exercise and fresh air for weeks at a time. The changes agreed to will reduce overcrowding and give inmates daily access to the outdoors for exercise.
CSKT and Blackfeet inmates further alleged that the jail had allowed a Christian pastor to regularly visit the jail but provided no similar access to Native American religious leaders. As part of the settlement agreement, Lake County Jail administrators agreed to provide inmates access to Native American religious leaders.
“This agreement is a victory for inmates at the Lake County Jail and for the entire community,” said Constance Van Kley, attorney for plaintiffs. “No one should be forced to live without sunlight, fresh air, and the opportunity to exercise. Today marks a significant step toward a more humane Lake County Jail.”
A copy of the settlement agreement is attached to this press release.
About the Plaintiffs
Plaintiffs are all persons incarcerated at Lake County Jail as of September 3, 2021 to the present, as well as all current and future inmates.
About Upper Seven Law:
Upper Seven Law is a Montana-based nonprofit law firm dedicated to holding the powerful accountable. Based on the belief that creativity and innovation in law are essential to advancing social justice and public interest objectives, Upper Seven takes smart risks and invests the time necessary to build foundations for long-term accountability work.
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
MISSOULA DIVISION
IN RE: CONDITIONS AT LAKE
COUNTY JAIL
CV 22-127-M-DWM
RELEASE AND SETTLEMENT
AGREEMENT
RELEASE AND SETTLEMENT AGREEMENT
This Release and Settlement Agreement (“Agreement”) is made and entered
into between Aloysius Blackcrow, Tyler Erickson, Marcus Azure, Nathaniel
Madplume, Stoney Corcoran, James Elverud, and Monica Green, as Class
Representatives and on behalf of the Class Members that they represent
(“Plaintiffs”) pursuant to the October 11, 2022 Court Order certifying the Class
(Doc. 49), and Defendant Lake County, collectively referred to herein as “the
Parties.” The Parties stipulate and agree to the following:
1. This action has been brought by Plaintiffs and makes certain
allegations contained in Plaintiffs’ First Amended Complaint (“Complaint”) in the
case entitled In Re: Conditions at Lake County Jail, filed in the United States
District Court for the District of Montana, Missoula Division, Case No. CV- 22-
127 (hereinafter referred to as “Action”). This Agreement does not extend to any
Case 9:22-cv-00127-DWM Document 131-1 Filed 08/24/23 Page 1 of 10individual complaints brought by Class Representatives or Class Members, except
to the extent the individual claims seek the same relief sought in this class action.
2. Defendant Lake County denies each and every allegation of
wrongdoing as stated in Plaintiffs’ Complaint, and, further, denies liability.
3. The Parties now desire to enter into this Agreement in order to fully
and finally settle all claims, causes of action, and defenses, and to dismiss the
Action with prejudice, upon the terms and conditions set forth in this Agreement.
4. The Parties and their respective attorneys acknowledge that this
settlement is made in good faith, pursuant to 18 U.S.C. § 3626(c)(2) of the Prison
Litigation Reform Act, and that settlement of this claim is not an admission of
liability, or of unconstitutional or illegal conduct by or on the part of the Defendant
Lake County and/or Lake County’s future, current or former officers, agents and
employees, and shall not serve as evidence of any wrongdoing by or on the part of
the Defendant Lake County or Lake County’s future, current or former elected
officials, agents current or former officers, agents and employees. The Parties and
their respective attorneys further acknowledge that settlement is made to conserve
the expense in time and money of further litigation, for the purpose of judicial
economy and to avoid the uncertainty of the outcome of litigation.
IT IS HEREBY AGREED by and between the Parties as follows:
Case 9:22-cv-00127-DWM Document 131-1 Filed 08/24/23 Page 2 of 105. RELEASE AND DISCHARGE:
5.1 The term “Releasees” as used in this Release and Settlement
Agreement shall mean the Defendant Lake County and Lake County’s future,
current or former officers, employees, agents, attorneys, servants, elected officials,
affiliates, partners, insurers, predecessors and successors in interest, and assigns.
5.2 This Release and Settlement Agreement shall be a fully binding and
complete settlement between the Plaintiffs and the Releasees and their respective
heirs, assigns, and successors.
5.3 Plaintiffs acknowledge and agree that the release and discharge set
forth in this Release and Settlement Agreement is a general release. Plaintiffs
expressly waive and release any and all claims for damages (including but not
limited to declaratory and injunctive relief) that Plaintiffs may have against the
Releasees in the Action that exist as of this date, including claims which Plaintiffs
do not know or suspect to exist, whether through ignorance, oversight, error,
negligence, or otherwise, which if known, would materially affect Plaintiffs’
decision to enter into this Release and Settlement Agreement.
5.4 Plaintiffs expressly do not waive or release future claims for alleged
breach of the obligations set out in this Settlement Agreement. Plaintiffs further
agree that they will accept the obligations referenced below as a complete
compromise of matters involving disputed issues of law and fact concerning this
Case 9:22-cv-00127-DWM Document 131-1 Filed 08/24/23 Page 3 of 10Action. It is understood and agreed to by the Parties that this settlement is a
compromise of a disputed claim, and that the obligations undertaken, and payments
made are not to be construed as an admission of liability on the part of the
Releasees, by whom liability is expressly denied.
5.5 Plaintiffs represent that there are no liens and acknowledge that the
Releasees have materially relied on that representation in entering into this Release
and Settlement Agreement.
SUBSTANTIVE PROVISIONS AND OBLIGATIONS:
In consideration of this Release and Settlement Agreement, Defendant Lake
County agrees to the following:
6. Facilities
6.1 Defendant Lake County will construct a secure outdoor recreation
area of approximately 1,500 square feet of space for the use by inmates of the Lake
County Jail. The outdoor recreation area will be directly accessible from the Lake
County Jail and constructed in accordance with American Correctional Association
Standards and architectural design. Defendant Lake County agrees to have the
outdoor recreation area completed no later than one year from the date on which
this Court approves this Release and Settlement Agreement and dismisses this
matter, unless unforeseen delays arise out of construction of the outdoor recreation
area. Defendant Lake County further agrees to provide Plaintiffs’ counsel,
Case 9:22-cv-00127-DWM Document 131-1 Filed 08/24/23 Page 4 of 10Constance Van Kley of Upper Seven Law and Timothy Bechtold of the Bechtold
Law Firm, with opportunities to inspect, comment on, and offer reasonable design
alternatives to the architectural design plans for the outdoor recreation area.
6.2 Defendant Lake County agrees to construct additional inmate housing
units totaling approximately 960 square feet of space. The additional inmate
housing units shall be constructed in accordance with American Correctional
Association Standards and architectural design. Defendant Lake County agrees to
have the additional housing units completed no later than three years from the date
on which this Court approves this Release and Settlement Agreement and
dismisses this action, unless unforeseen delays arise out of construction of the
additional housing units. Defendant Lake County further agrees to provide
Plaintiffs’ counsel, Constance Van Kley of Upper Seven Law and Timothy
Bechtold of the Bechtold Law Firm, with opportunities to inspect, comment on,
and offer reasonable design alternatives to the architectural design plans for the
additional housing units.
7. Classification
7.1 Defendant Lake County agrees to continue to implement and sustain
an objective inmate classification policy consistent with generally accepted jail
practices and conforming to the practices supported by the National Institute of
Corrections.
Case 9:22-cv-00127-DWM Document 131-1 Filed 08/24/23 Page 5 of 107.2 Lake County Jail agrees to appoint a classification officer or shift
supervisor, who will receive training specific to inmate classification and review
classification at the Jail.
7.3 The inmate classification policy will provide Lake County inmates
with an opportunity to (1) learn their specific classification level upon booking; (2)
learn whether their placement within the facility corresponds to their classification
level; and (3) request a review of their specific classification level after twenty-one
(21) days of being assigned their initial classification level.
7.4 Defendant Lake County shall make best efforts to separate female
inmates by classification as allowed by the jail design and population.
8. Jail Policies
8.1 Defendant Lake County has adopted Jail policies adapted from
Lexipol and is in the process of adopting Jail procedures adapted from Lexipol.
These policies and procedures represent appropriate efforts to comply with
statutory and constitutional requirements. Defendant Lake County will maintain
these policies or similarly appropriate policies and will conduct and provide
training for all staff that implement these policies.
8.2 Defendant Lake County has allowed inmates regular access to a
Native American religious leader. Defendant will continue to allow inmates with
access to Native American religious leaders.
Case 9:22-cv-00127-DWM Document 131-1 Filed 08/24/23 Page 6 of 109. Fees
9.1 In consideration of this Release and Settlement Agreement, Defendant
Lake County will pay Plaintiffs for their attorneys’ fees and costs incurred in this
action, and reduced in compliance with 18 U.S.C. § 3626(f)(4), for a total amount
of $189,400.24.
9.2 The attorneys’ fees referenced in paragraph 9.1 above shall be paid to
Constance Van Kley of Upper Seven Law and Timothy Bechtold of the Bechtold
Law Firm, within sixty (60) days from the date on which this Court approves this
Release and Settlement Agreement. Defendant Lake County shall remit payment
in the amounts of (a) $132,572.84 to Upper Seven Law, P.O. Box 31, Helena, MT
59624; and (b) $56,827.40 to Bechtold Law Firm, PLLC, P.O. Box 7051,
Missoula, MT 59807.
9.3 Plaintiffs shall be solely responsible for any federal, state, and/or local
taxes, interest, penalties, or other charges that may be assessed against them
relating to the payments referred to in Paragraph 9.2 of the Release and Settlement
Agreement. Within ten (10) days of receipt by either party of a tax-related inquiry
or communication regarding the payment provided pursuant to Paragraph 9.2, the
receiving party shall send to the other party written notice of the same.
9.4 Plaintiffs and their attorneys release, waive, and relinquish any
claims or rights against the Releasees to attorneys’ fees, costs, and expenses
Case 9:22-cv-00127-DWM Document 131-1 Filed 08/24/23 Page 7 of 10incurred beyond the payments set forth in Paragraph 9.2, including waiving and
relinquishing any recovery against the Defendants in the Action pursuant to 42
U.S.C. 1988 or any other statute, rule, or common-law provision, including any
and all claims to attorney’s fees and costs incurred in any proceeding.
General Provisions
10. Notice of the preliminary approval for class action settlement shall
be provided by Defendant Lake County posting a Court-approved settlement
notice in a visible location within the Lake County Jail’s booking room, visitation
room, recreation room, and housing units for a 30-day period as determined by
the Court. Notice of the final class action settlement shall be provided by
Defendant Lake County posting the Court-approved settlement notice in a visible
location within the Lake County Jail’s booking room, visitation room, recreation
room, and, when completed, outdoor recreation facility until Defendant Lake
County has fully complied with the obligations set forth in this Agreement.
11. This Release and Settlement Agreement and any documents that
may be executed under paragraph 14 herein contain the entire agreement between
the Parties with regard to the settlement of this action, and shall be binding upon
and inure to the benefit of the Parties hereto, jointly and severally, and the heirs
(both known and unknown), interested parties, beneficiaries, executors,
administrators, personal representatives, successors, and assigns of each.
Case 9:22-cv-00127-DWM Document 131-1 Filed 08/24/23 Page 8 of 1012. This Release and Settlement Agreement is entered into in the State of
Montana and shall be construed and interpreted in accordance with its laws. Terms
contained herein shall not be construed against a party merely because that party is
or was the principal drafter.
13. In entering into this Release and Settlement Agreement, Plaintiffs
represent that they have relied upon the advice of their attorneys who are the
attorneys of their own choice, and that the terms of this Release and Settlement
Agreement have been interpreted and explained to them by their attorneys, and that
those terms are fully understood and voluntarily accepted by Plaintiffs. Plaintiffs
also represent and warrant that no other person or entity has or has had any interest
in the claims or causes of action referred to herein, that they and their attorneys
have the sole right and exclusive authority to execute this Release and Settlement
Agreement, and that they have not sold, assigned, transferred, conveyed, or
otherwise disposed of any of the claims or causes of action referred to herein.
14. All parties agree to cooperate fully and to execute a stipulation to
dismiss this matter with prejudice, and to take all additional actions which are
consistent with, and which may be necessary or appropriate to give full force and
effect to the basic terms and intent of this Release and Settlement Agreement.
15. If any provision, or any part of any provision, of this Release and
Settlement Agreement is for any reason held to be invalid, unenforceable, or
Case 9:22-cv-00127-DWM Document 131-1 Filed 08/24/23 Page 9 of 10contrary to any public policy, law, statute, regulation, or ordinance, then the
remainder of this Release and Settlement Agreement shall not be affected thereby
and shall remain valid and fully enforceable.
16. This Release and Settlement Agreement may be executed by signature
in counterparts, and all such counterparts together shall constitute one Release and
Settlement Agreement. Executed documents sent via facsimile or electronic mail
are valid and binding and shall have the same force and effect for all purposes as
the original.
Case 9:22-cv-00127-DWM Document 131-1 Filed 08/24/23 Page 10 of 10