Christina A. v. Bloomberg

197 F.R.D. 664, 2000 U.S. Dist. LEXIS 17998, 2000 WL 1793428
CourtDistrict Court, D. South Dakota
DecidedJuly 7, 2000
DocketNo. Civ.A 00-4036
StatusPublished
Cited by5 cases

This text of 197 F.R.D. 664 (Christina A. v. Bloomberg) is published on Counsel Stack Legal Research, covering District Court, D. South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Christina A. v. Bloomberg, 197 F.R.D. 664, 2000 U.S. Dist. LEXIS 17998, 2000 WL 1793428 (D.S.D. 2000).

Opinion

MEMORANDUM OPINION AND ORDER

PIERSOL, Chief Judge.

Plaintiffs have sought to certify this suit as a class action pursuant to Federal Rules of Civil Procedure 23(a) and 23(b)(2). Defendants oppose the certification of the class. The issues were briefed and oral argument was held on April 27, 2000. The Court declined to rule on the motion at that time, allowing Defendants to take discovery of the named Plaintiffs. After discovery of the Plaintiffs was completed, Plaintiffs renewed their motion for class certification and both parties submitted additional briefs. The Defendants continue to oppose the motion. For the reasons stated below, the Plaintiffs’ motion for class certification is granted.

BACKGROUND

Plaintiffs have filed this action seeking declaratory and injunctive relief. Plaintiffs claim that the conditions of confinement and the policies, practices, acts and omissions at Plankinton subject Plaintiffs to a denial of their due process rights under the First and Fourteenth Amendments. Further, Plaintiffs claim that Defendants have deprived them of special education and related services to which they are entitled under the Individuals with Disabilities Education Act (“IDEA”). Specifically, Plaintiffs claim:

• that Defendants use mechanical restraints when such restraints are excessive and unreasonable, through, for example, “four-pointing” (Compl.1130) and “bumpering” (Compl.1132);
• that female Plaintiffs have been four-pointed and then forcibly stripped with the participation of male staff members (Compl.1131);
• that Defendants use excessive force during “cell extractions” (Compl.1l 33);
• that Plaintiffs are put in lockdown or isolation for arbitrary reasons, for purposes of punishment and for excessively long periods of time (Compl.H 36-37);
• that there is no procedure by which qualified individuals decide if and how long a Plaintiff may need to be in isolation (Compl.1l 38);
• that the conditions of confinement in the isolation or crisis cells, including lack of counseling and education, violate Plaintiffs’ rights (CompLUH 37-38);
• that Plaintiffs are subject to an “arbitrary and punitive disciplinary system” and that there is no procedural due process for disciplinary violations (CompLUH 39-43);
• that Plaintiffs are subject to a “table program” where Plaintiffs are required to sit at a table for over two days without speaking (Compl.1144);
• that these arbitrary disciplinary procedures and determinations prevent Plaintiffs from successfully completing any of the programs at Plankinton because male Plaintiffs are routinely transferred from the Training School to the Juvenile Prison for these disciplinary infractions (Compl.HH 35, 45);
• that Plaintiffs who suffer from mental illnesses cannot meet the disciplinary requirements and are therefore repeatedly [667]*667sent to isolation which is particularly harmful to these Plaintiffs (Compl.H 46);
• that Defendants provide inadequate mental healthcare for Plaintiffs in need of such care (Compl.HH 54-60);
• that female Plaintiffs are subject to an abuse of privacy as a result of the presence of male staff in the shower area (Compl.H 47);
• that the staff at Plankinton is inadequately trained and supervised (Compl.HH 49-50);
• that Plaintiffs’ First Amendments rights of privacy and association are violated by the monitoring of calls and visits with family and the reading and censoring of Plaintiffs’ mail (Compl.HH 51-53);
• that Defendants provide Plaintiffs with an inadequate education generally (Compl.H 61); and
• that the rights of Plaintiffs with special educational needs under IDEA are violated by the inadequate provision of special education for those in need (Compl.HH 62-67).

After the April 27, 2000 hearing, Defendants deposed the Plaintiffs and now rely on those depositions to oppose class certification on several grounds, discussed below.

DISCUSSION

In order to have a class certified, Plaintiffs must show that they can meet all four requirements in Federal Rule of Civil Procedure 23(a) and that such class falls into one of three categories in Rule 23(b). Rule 23(a) states:

One or more members of a class may sue or be sued as representative parties on behalf of all only if (1) the class is so numerous that joinder of all members is impracticable, (2) there are questions of law or fact common to the class, (3) the claims or defenses of the representative parties are typical of the claims or defenses of the class, and (4) the representative parties will fairly and adequately protect the interests of the class.

This Court finds that the Plaintiffs have met all four requirements of Rule 23(a).

A. Numerosity.

The class, as defined by Plaintiffs, includes “all juveniles who are now or in the future will be confined at the State Training School in Plankinton.” This class is numerous enough to make joinder impracticable. As of April 25, 2000, the Defendants reported that there were 89 juveniles at Plankinton. See Affidavit of James E. McMahon dated April 25, 2000. While this number is large in itself, the class extends beyond this number to include juveniles that may be confined at Plankinton in the future. The anonymity of the juveniles that may be at Plankinton in the future and the fluid nature of the population at the facility make joinder impracticable. See Atkins v. Toan, 595 F.Supp. 104, 105 (W.D.Mo.1984) (“Joinder of unknown persons is impracticable.”); see also A.J. v. Myers, No. 89-1077, 1990 U.S.Dist. LEXIS 5454 at * 7 (W.D.Mo. April 30, 1990) (fluid nature of class of juvenile detainees made group “particularly suitable for class certification”).

B. Commonality.

While there must be questions of law or fact common to the class, these questions do not have to be common to every member. See Paxton v. Union National Bank, 688 F.2d 552, 561 (8th Cir.1982) cert. denied 460 U.S. 1083, 103 S.Ct. 1772, 76 L.Ed.2d 345 (1983). Rule 23(a)(2) may be satisfied “ ‘where the question of law linking the class members is substantially related to the resolution of the litigation even though the individuals are not identically situated.’” Id. (citation omitted). In Paxton the common question was whether the defendant had discriminatory employment practices. Id. The fact that each member of the class would be affected by these policies differently did not preclude a finding of commonality. Id.

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Cite This Page — Counsel Stack

Bluebook (online)
197 F.R.D. 664, 2000 U.S. Dist. LEXIS 17998, 2000 WL 1793428, Counsel Stack Legal Research, https://law.counselstack.com/opinion/christina-a-v-bloomberg-sdd-2000.