Rentschler v. Carnahan

160 F.R.D. 114, 1995 U.S. Dist. LEXIS 1792, 1995 WL 58025
CourtDistrict Court, E.D. Missouri
DecidedFebruary 10, 1995
DocketNo. 4:94CV00396 GFG
StatusPublished
Cited by5 cases

This text of 160 F.R.D. 114 (Rentschler v. Carnahan) is published on Counsel Stack Legal Research, covering District Court, E.D. Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rentschler v. Carnahan, 160 F.R.D. 114, 1995 U.S. Dist. LEXIS 1792, 1995 WL 58025 (E.D. Mo. 1995).

Opinion

ORDER

GUNN, District Judge.

This matter is before the Court on plaintiffs’ motion for class certification.

Plaintiffs are inmates at the Potosi Correctional Center (“PCC”). Plaintiffs have filed suit against various prison officials pursuant to 42 U.S.C. § 1983. Plaintiffs now seek an order determining whether this case may be maintained as a class action on behalf of plaintiffs and on behalf of all other persons similarly situated, who are either now, or in the future will be, incarcerated at PCC, exclusive of those inmates who are now, or in the future will be, placed in PCC’s capital punishment housing unit. Defendants oppose class certification.

Initially, the Court notes that this is a prison overcrowding case. Plaintiffs allege that defendants’ conduct violates rights guaranteed to them and the members of the putative class by the Sixth, Eighth and Fourteenth Amendments. They claim that defendants’ policy and practice of prison overcrowding at PCC has led to inhumane conditions. Plaintiffs are seeking an injunction that would prevent defendants from placing additional inmates into the facility; require a reduction in the current prison population; require improvements and modifications to PCC’s physical structure; require modifications to PCC staffing, policies and procedures; and mandate court supervision of defendants’ compliance with any injunctive relief given.

I. Rule 23(a): Class Certification

Rule 23(a) allows one or more individuals to sue as representative parties on behalf of a class “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, [116]*116and (4) the representative parties will fairly and adequately protect the interests of the class.” Fed.R.Civ.P. 23(a). In addition to satisfying the four prerequisites of numerosity, commonality, typicality and adequacy of representation, the proposed class must fall within one of the subcategories of Rule 23(b). The Court has broad discretion in determining whether an action may be maintained as a class action. Coley v. Clinton, 635 F.2d 1364, 1378 (8th Cir.1980).

A. Numerosity

In addressing the numerosity requirement, the Court must make the determination of whether a class is sufficiently large so as to render joinder of all its members impractical in light of the particular circumstances of the case. Arkansas Educ. Ass’n v. Board of Educ. of Portland, Arkansas Sch. Dist., 446 F.2d 763, 765 (8th Cir.1971); Ad Hoc Comm. v. City of St. Louis, 143 F.R.D. 216, 220 (E.D.Mo.1992). Plaintiffs allege that PCC houses over 700 inmates and defendants do not dispute this. Additionally, the fact that the proposed class includes future PCC inmates does not preclude class certification. Inmates of Lycoming County Prison v. Strode, 79 F.R.D. 228, 231 (M.D.Penn.1978). In view of the potential size of the class and the difficulty of joinder, the Court finds that the numerosity requirement of Rule 23(a) is satisfied.

B. Commonality

As for the commonality requirement, Rule 23(a)(2) does not require that all questions of law or fact raised in litigation be common; there need only be a single issue common to all class members. Coley, 635 F.2d at 1378; Alexander Grant & Co. v. McAlister, 116 F.R.D. 583, 587 (S.D.Ohio 1987). In this case, unquestionably there are common legal and factual questions. Whether the conditions, practices and policies of defendants, as they relate to PCC’s conditions of confinement, are unconstitutional is a common issue for all present and future PCC inmates. Class certification is often proper for cases involving prisoners’ rights. See generally Harris v. Angelina County, Texas, 31 F.3d 331 (5th Cir.1994); Gates v. Deukmejian, 987 F.2d 1392 (9th Cir.1992); Jensen v. Gunter, 807 F.Supp. 1463 (D.Neb.1992). Therefore, the Court finds that plaintiffs have satisfied the commonality requirement of Rule 23(a).

C. Typicality

The third requirement for class certification focuses on the claims of the representative parties and whether they are “typical” compared to the other class members. “[T]he typicality provision requires a demonstration that there are other members of the class who have the same or similar grievances as the plaintiff.” Donaldson v. Pillsbury Co., 554 F.2d 825, 830 (8th Cir.), cert. denied, 434 U.S. 856, 98 S.Ct. 177, 54 L.Ed.2d 128 (1977). Class members have similar grievances if they have been subjected to the same allegedly unlawful treatment. Hedge v. Lyng, 689 F.Supp. 884, 890 (D.Minn.1987). Clearly, the representative parties in this case and the members of the putative class have been subjected to the same allegedly unlawful policies and conditions at PCC. Furthermore, the claims of plaintiffs and members of the putative class are all based on the same legal theories, the same arguments of unconstitutionality. See Rodriguez v. McKinney, 156 F.R.D. 112, 114 (E.D.Pa.1994). The Court therefore finds that the typicality requirement is satisfied in this case.

In attacking plaintiffs’ ability to satisfy the typicality requirement, defendants urge this Court not to approve class certification because plaintiffs’ claims and allegations are meritless. However, this Court cannot consider the merits of plaintiffs’ claims in determining whether a suit may be maintained as a class action. Eisen v. Carlisle & Jacquelin, 417 U.S. 156, 177-78, 94 S.Ct. 2140, 2152-53, 40 L.Ed.2d 732 (1974).

D. Adequacy of Representation

To satisfy the adequacy of representation requirement, plaintiffs must establish that: (1) the class representatives’ interest is coextensive with and not antagonistic to those of the unnamed class members; and (2) the plaintiffs’ counsel must be fully competent to prosecute the action as a class [117]*117action. Linguist v. Bowen, 633 F.Supp. 846, 859 (W.D.Mo.1986), aff'd, 813 F.2d 884 (8th Cir.1987). Having reviewed the credentials of plaintiffs’ counsel, the Court finds that they are competent to prosecute this suit as a class action.

In addition, the interests of plaintiff representatives are coextensive with class members. “Coextensiveness” refers to shared objectives and shared legal and factual positions. In re Tetracycline Cases, 107 F.R.D. 719, 730 (W.D.Mo.1985). In order for differences in views among the representatives and members to constitute a conflict sufficient to defeat class certification, there must appear a real probability of a conflict which goes to the very subject matter of the litigation. Id.

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Cite This Page — Counsel Stack

Bluebook (online)
160 F.R.D. 114, 1995 U.S. Dist. LEXIS 1792, 1995 WL 58025, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rentschler-v-carnahan-moed-1995.