Disability Rights Montana v Batista: On March 31, 2014 , the ACLU of Montana together with co-counsel from Foley and Lardner, LLP and Holland and Hart, LLP filed suit in federal court on behalf of our client Disability Rights Montana. Originally the action sought relief against both the Montana Department of Corrections and the Montana Department of Health and Human Services. In March 2016, the parties agreed to dismiss without prejudice the action against the Department of Health and Human Services. What remains is the action against the Department of Corrections that seeks comprehensive changes in the management, care and treatment of the inmates at the State Prison who suffer from serious mental illness (SMI). Among the objectives are the reform, reorganization and augmentation of mental health care for inmates coupled with an absolute prohibition on the use of solitary confinement for SMI inmates. Our case was dismissed before trial by the district court judge. We have appealed the dismissal and the appeal is now pending before the Ninth Circuit Court of Appeals. The State has finally agreed to hold face-to-face negotiations on the case scheduled for June 19, 2017.


Jon Ellingson (ACLU of Montana)

Pro Bono Law Firm(s)

Kyle Gray( Holland & Hart) Adrian Miller (Holland & Hart), Jeffrey A. Simmon (Foley & Lardner) Tammy Boggs (Foley & Lardner)

Date filed

March 31, 2014


United States District Court, District of Montana, Butte Division


Sam Haddon


On appeal

Case number


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