2024 Grantees Submit Fourth Quarter Case Reports
All of the Barbara McDowell Foundation's 2024 grantees were contacted in October in accordance with the Foundation’s requirements and reported with respect to the progress of their case through the fourth quarter of their grant cycle. A summary of each grantee’s report can be found below, along with a link to each grantee’s full report.
In addition to reporting on their progress, each grantee submitted fourth quarter timesheets for their case work and met with the Foundation team to discuss their cases. The average dollar value in attorney time spent by each grantee on their respective case for the fourth quarter was $548,274.78. The average dollar value in attorney time spend in total during the full year of the grant cycle was $994,460.68.
Jonathan R. v. Jim Justice is now headed for trial on November 5. The state defendants have moved for summary judgment, trying to document all of the steps they have taken since we filed suit to improve the state’s child welfare system. The defendants have also inundated us with additional pre-trial motions and with questionable documents drawn from a very questionable data system. Caseloads remain extraordinarily high and although defendants have improved some of their policies, they still cannot demonstrate that the system has, in fact, gotten better. Indeed, the experts that the state is relying on to bolster their case cannot attest to the fact that the better policies are actually working to improve the system.
4:23-cv-04155 California Coalition for Women Prisoners et al v. United States of America Federal Bureau of Prisons et al.
In the last six months, significant progress has been made in the FCI Dublin class action lawsuit, advancing both the fight for accountability for the those who were incarcerated at FCI Dublin, and broader reform efforts within the Bureau of Prisons (BOP).
The Special Master, Wendy Still, issued a detailed report highlighting the BOP's failures to uphold the constitutional rights of those incarcerated at FCI Dublin condemning the chaotic and rushed closure of the facility. Despite efforts by the BOP to keep the report from coming to light, it was unsealed in August 2024. Wendy Still is the first-ever Special Master appointed to oversee a BOP facility, and her report demonstrates how long overdue the BOP was for outside oversight and accountability.
Garces Robles, et al. v. Ramirez, et al., WDTX
In late April, we argued a hearing on Motions to Dismiss filed by all the Defendants, and in late June, the District Court denied the Defendants’ Motions to Dismiss, upholding all of our claims. In his order, the Judge found that we sufficiently pled that none of the individual defendants is entitled to qualified immunity, writing, “[A]ll of the individual Defendants ... acted objectively unreasonably in failing to address the constitutionally deficient release policy for OLS detainees, which they knew was causing a pattern of overdetentions.”
The individual defendants have now noticed an appeal. Opening briefs are due in late October. All Defendants are also seeking a stay of all proceedings in the District Court. We have filed oppositions to those motions, and a hearing is scheduled for late September.
Edwards v. Montana
Following depositions in the spring and summer, the parties filed cross-motions for summary judgment. The State did not substantively address the merits of Plaintiffs’ constitutional arguments, instead arguing only that Plaintiffs lack standing. Both parties also filed expert witness disclosures. Upper Seven served discovery requests on the State and deposed Jeff Laszloffy, a former Montana legislator and SB 458’s primary drafter.