Ahrens v. Thomas

• Decision Date: 15 March 1978
• Docket Number: Nos. 77-1539 and 77-1541,s. 77-1539 and 77-1541
• Citation: 570 F.2d 286
• Parties: Fred AHRENS, Individually and on behalf of all other pretrial detainees in the Platte County Jail similarly situated, Appellees, v. Sheriff Thomas J. THOMAS, Henry Miller, Lloyd Allen, and Charles Cox, Appellants. Fred AHRENS, Individually and on behalf of all other pretrial detainees in the Platte County Jail similarly situated, Cross-appellants, v. Sheriff Thomas J. THOMAS, Henry Miller, Lloyd Allen, and Charles Cox, Cross-appellees.
• Court: U.S. Court of Appeals — Eighth Circuit

Page 286

570 F.2d 286

Fred AHRENS, Individually and on behalf of all other

pretrial detainees in the Platte County Jail

similarly situated, Appellees, v. Sheriff Thomas J. THOMAS, Henry Miller, Lloyd Allen, and Charles Cox, Appellants.

Fred AHRENS, Individually and on behalf of all other

pretrial detainees in the Platte County Jail

similarly situated, Cross-appellants, v. Sheriff Thomas J. THOMAS, Henry Miller, Lloyd Allen, and Charles Cox, Cross-appellees.

Nos. 77-1539 and 77-1541.

United States Court of Appeals,

Eighth Circuit.

Submitted Dec. 15, 1977.

Rehearing and Rehearing En Banc Denied March 15, 1978.

Donald R. Tharp, Asst. Prosecuting Atty., Platte City, Mo. (argued) and Owens Lee Hull, Jr., Pros. Atty., Platte City, Mo., on brief, for Sheriff Thomas, et al.

Ronald Lee Roseman (argued), William J. Dittmeier, Legal & Defender Society of Greater Kansas City, Mo., and Andrew Steinberg, Legal Aid & Defender Society of Greater Kansas City (on brief), Kansas City, Mo., for Ahrens et al.

Before ROSS, STEPHENSON and WEBSTER, Circuit Judges.

STEPHENSON, Circuit Judge.

Plaintiff Fred Ahrens, a pretrial detainee in the Platte County, Missouri, jail from August 11, 1973, to September 30, 1974, brought this section 1983 action below, challenging the conditions of confinement under which he was detained. The district court, ¹ on August 18, 1975, certified the cause as a class action under Fed.R.Civ.P. 23(b)(2) and defined the class as "all present and future pretrial detainees at the Platte County Jail." A trial was held in April 1976 and on June 3, 1977, the court entered judgment for plaintiffs. Relief granted included cessation of the present Platte County Jail except for limited purposes. In addition, the district court prescribed minimum constitutional standards for a new Platte County Jail which included physical, health and safety conditions of the jail, adequate medical care, food services, recreation for inmates, classification of inmates, access to legal services and opportunity to prepare for trial, visiting and communication, disciplinary and grievance procedures for inmates, and proper training, selection and staffing of correctional officers. The defendants appeal from the court's order and the plaintiffs cross-appeal from the court's denial of their request for relief with respect to vocational, educational and counseling programs and contact visiting. We affirm in part and modify in part.

The defendants in this appeal initially contend that the district court erred in failing to grant their motion to dismiss on several different grounds. First, the defendants argue that plaintiffs' action failed to satisfy the numerosity requirement of Fed.R.Civ.P. 23(a)(1). In light of the fact that Rule 23(a)(1) must be read liberally in the context of civil rights suits, Jones v. Diamond, 519 F.2d 1090, 1099-1100 (5th Cir. 1975), and in light of the fact that the district court included all present and future pretrial detainees in the Platte County Jail as members of the class, we find no abuse in the district court's determination of sufficient numerosity. See Arkansas Education Ass'n v. Board of Education, 446 F.2d 763, 765 (8th Cir. 1971).

The defendants secondly contend that their motion to dismiss should have been granted because of the inadequate notice afforded to the class members. Rule 23(c)(2) provides that "In any class action maintained under subdivision (b) (3), the court shall direct to the members of the class the best notice practicable under the circumstances, including individual notice to all members who can be identified through reasonable effort." The instant cause, however, was certified as a class action under Rule 23(b)(2), not Rule 23(b)(3). In any event, we are persuaded that the notice posted within the Platte County Jail informing class members of the pendency of the action and advising them of their opportunity to intervene was "the best notice practicable under the circumstances." Accordingly, we reject defendants' second argument.

Finally, defendants contend that their motion to dismiss should have been granted because plaintiff Ahrens was not a proper representative of the class of pretrial detainees at the Platte County Jail. Rule 23(a)(4) requires that "the representative parties will fairly and adequately protect the interests of the class." The district court noted in granting the class action certification that Ahrens was no longer a pretrial detainee. However, the court also noted that in light of the fairly rapid release or transfer of detainees, the substantial issues raised may never receive judicial scrutiny unless certification is permitted after the named plaintiff has been released or transferred. The Supreme Court has recognized this potential problem by stating:

There may be cases in which the controversy involving the named plaintiffs is such that it becomes moot as to them before the district court can reasonably be expected to rule on a certification motion. In such instances, whether the certification can be said to "relate back" to the filing of the complaint may depend upon the circumstances of the particular case and especially the reality of the claim that otherwise the issue would evade review.

Sosna v. Iowa, 419 U.S. 393, 402 n. 11, 95 S.Ct. 553, 559, 42 L.Ed.2d 532 (1975). See Bradley v. Housing Authority, 512 F.2d 626 (8th Cir. 1975). The district court in the instant case found that Ahrens was represented by competent counsel and the interest sought to be advanced by Ahrens did not conflict in any way with those of the other members of the class. Accordingly, we are not persuaded that the district court erred in entering nunc pro tunc as of the date of filing the order certifying the class action.

The defendants' next contention concerns the remedy prescribed by the district court. In a long and exhaustive opinion, published at 434 F.Supp. 873 (W.D.Mo.1977), the district court found numerous constitutional violations in the conditions of confinement for detainees in the Platte County Jail. The defendants do not take issue with these findings, which are clearly supported by the evidence. The defendants argue, however, that in prescribing a remedy the district court exceeded its authority.

Turning to the district court's final judgment and decree, the first portion pertains to the minimum constitutional standards for the present Platte County Jail. Ahrens v. Thomas, 434 F.Supp. 873, 901 (W.D.Mo.1977). In substance, the district court ordered that the present jail facility could be used only as a pretrial hold facility for persons charged with criminal offenses. In addition, no person may be confined in the present facility for longer than seven days. Finally, the district court ordered that the present jail facility be thoroughly cleansed, inspected and supervised and that detainees be given pre-detention...