Case: Shorter v. DC

1:98-cv-02423 | U.S. District Court for the District of Columbia

Filed Date: Oct. 13, 1998

Closed Date: 2001

Clearinghouse coding complete

Case Summary

On October 13, 1998, an individual and non-profit filed a lawsuit in the U.S. District Court for the District of Columbia under 42 U.S.C. § 1983 against the District of Columbia (the District) seeking better accommodation for deaf people who need to communicate with police. The plaintiff was represented by The Disability Rights Council of Greater Washington and private counsel. In mid-November, 2000, the parties reached a settlement agreement that provided auxiliary aids and services, including…

On October 13, 1998, an individual and non-profit filed a lawsuit in the U.S. District Court for the District of Columbia under 42 U.S.C. § 1983 against the District of Columbia (the District) seeking better accommodation for deaf people who need to communicate with police. The plaintiff was represented by The Disability Rights Council of Greater Washington and private counsel.

In mid-November, 2000, the parties reached a settlement agreement that provided auxiliary aids and services, including qualified interpreting services, whenever necessary to ensure that individuals who are deaf or hearing impaired have the opportunity for effective communication with officers. The settlement agreement included the adoption of "Policy Guidelines", standards regarding the availability of contracted interpreters on-call for the District, provision of Telecommunication Devices for the Deaf, methods for notifying deaf individuals and public education programs regarding the provision of auxiliary aids for the deaf, and compliance monitoring. The defendants also agreed to pay undisclosed compensatory monetary damages to the plaintiff.

On May 8, 2001, the court re-opened the case to enter an order dismissing the case while retaining jurisdiction to enforce the settlement agreement.

Summary Authors

Louisa Eberle (11/3/2013)

Andrew Steiger (2/11/2014)

People


Judge(s)

Kennedy, Henry Harold Jr. (District of Columbia)

Attorneys(s) for Plaintiff

Bishop, Bruce Charles (District of Columbia)

Fennell, Stephen A. (District of Columbia)

Gardner, Elizabeth [Elaine] Elaine (District of Columbia)

Attorneys(s) for Defendant

Beyer, Wayne C. (District of Columbia)

Dix, Mark D. (Virginia)

Koger, Thomas Louis (District of Columbia)

Rayner, Judith K. (Virginia)

Utiger, Robert C. (District of Columbia)

Judge(s)

Kennedy, Henry Harold Jr. (District of Columbia)

Attorneys(s) for Plaintiff

Bishop, Bruce Charles (District of Columbia)

Fennell, Stephen A. (District of Columbia)

Gardner, Elizabeth [Elaine] Elaine (District of Columbia)

Attorneys(s) for Defendant

Beyer, Wayne C. (District of Columbia)

Dix, Mark D. (Virginia)

Koger, Thomas Louis (District of Columbia)

Rayner, Judith K. (Virginia)

Utiger, Robert C. (District of Columbia)

Documents in the Clearinghouse

Document

1:98-cv-02423

Docket [PACER]

May 8, 2001

May 8, 2001

Docket

Attachment A: Policy Guidelines

No Court

Feb. 8, 2000

Feb. 8, 2000

Statute/Ordinance/Regulation

1:98-cv-02423

Agreement

Nov. 22, 2000

Nov. 22, 2000

Settlement Agreement
52

1:98-cv-02423

Order

May 8, 2001

May 8, 2001

Order/Opinion

Resources

Docket

Last updated Aug. 11, 2022, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by plaintiff VERNON SHORTER, plaintiff DISABILITY RIGHTS; jury demand (dot) (Entered: 10/16/1998)

Oct. 13, 1998

Oct. 13, 1998

SUMMONS (2) issued for defendant DC (dot) (Entered: 10/16/1998)

Oct. 13, 1998

Oct. 13, 1998

2

RULE 109 Certificate of disclosure of corporate affiliations and financial interests by plaintiff DISABILITY RIGHTS (dot) (Entered: 10/16/1998)

Oct. 13, 1998

Oct. 13, 1998

4

RETURN OF SERVICE/AFFIDAVIT of summons and complaint executed on 10/13/98 upon DC (tlh) (Entered: 10/20/1998)

Oct. 19, 1998

Oct. 19, 1998

5

MOTION (CONSENT) filed by defendant DC to extend time to 11/18/98 to answer complaint [1−1] (tw) (Entered: 11/04/1998)

Nov. 2, 1998

Nov. 2, 1998

6

ORDER by Judge Henry H. Kennedy : granting motion to extend time to 11/18/98 to answer complaint [1−1] [5−1] by DC ; Answer extended to 11/18/98 for DC (N) (dcn) (Entered: 11/06/1998)

Nov. 5, 1998

Nov. 5, 1998

7

ANSWER TO COMPLAINT [1−1] by defendant DC .; jury demand (tlh) (Entered: 11/19/1998)

Nov. 18, 1998

Nov. 18, 1998

8

SCHEDULING ORDER by Judge Henry H. Kennedy status hearing set for 10:00 1/8/99 ; (N) (dcn) (Entered: 11/24/1998)

Nov. 24, 1998

Nov. 24, 1998

9

ANSWER TO COMPLAINT [1−1] by defendant DC .; jury demand (tlh) (Entered: 11/25/1998)

Nov. 24, 1998

Nov. 24, 1998

10

JOINT MEET AND CONFER STATEMENT/REPORT PURSUANT TO L.R. 206(d) filed by plaintiff VERNON SHORTER, plaintiff DISABILITY RIGHTS, defendant DC . (tlh) (Entered: 12/14/1998)

Dec. 11, 1998

Dec. 11, 1998

STATUS HEARING before Judge Henry H. Kennedy : status hearing set for 10:30 3/19/99 ; Reporter: Jackie Wood (dcn) (Entered: 01/11/1999)

Jan. 8, 1999

Jan. 8, 1999

11

NOTICE OF CHANGE OF ADDRESS by Elizabeth Elaine Lorraine Gardner representing plaintiff VERNON SHORTER, plaintiff DISABILITY RIGHTS . New address: WASHINGTON, LAWYERS COMMITTEE FOR CIVIL RIGHTS AND URBAN AFFAIRS, 11 Dupont Cirlce, NW, Suite 400, Washington DC 20036 (202) 319−1000. (tb) (Entered: 03/18/1999)

March 17, 1999

March 17, 1999

STATUS HEARING before Judge Henry H. Kennedy : status hearing set for 9:45 6/24/99 ; Reporter: Harry Deutsch (dcn) (Entered: 03/19/1999)

March 19, 1999

March 19, 1999

12

SUBSTITUTION OF COUNSEL for defendant DC , substituting Judith K. Rayner for attorney Thomas L. Koger for DC (tb) (Entered: 03/31/1999)

March 31, 1999

March 31, 1999

SCHEDULING NOTICE: status hearing set for 10:30 7/2/99 ; before Judge Henry H. Kennedy . (dcn) (Entered: 06/24/1999)

June 24, 1999

June 24, 1999

STATUS HEARING before Judge Henry H. Kennedy : Case assigned to the Standard track (track two). Reporter: Dennis Dinkel (dcn) (Entered: 07/02/1999)

July 2, 1999

July 2, 1999

13

SCHEDULING ORDER by Judge Henry H. Kennedy Case assigned to the Standard track (track two). , dispositive motions due 2/7/00 ; status hearing set for 9:30 3/17/00 ; (N) (dcn) (Entered: 07/06/1999)

July 6, 1999

July 6, 1999

14

MOTION (UNOPPOSED) filed by plaintiff VERNON SHORTER, plaintiff DISABILITY RIGHTS to amend complaint [1−1] by DISABILITY RIGHTS, VERNON SHORTER ; EXHIBIT (AMENDED COMPLAINT) (tb) (Entered: 10/07/1999)

Oct. 6, 1999

Oct. 6, 1999

15

ORDER by Judge Henry H. Kennedy: granting motion to amend complaint [1−1] by DISABILITY RIGHTS, VERNON SHORTER [14−1] by DISABILITY RIGHTS, VERNON SHORTER (N) (dam) (Entered: 10/13/1999)

Oct. 12, 1999

Oct. 12, 1999

16

AMENDED COMPLAINT by plaintiff VERNON SHORTER, plaintiff DISABILITY RIGHTS and amending complaint [1−1] . (tb) (Entered: 10/15/1999)

Oct. 12, 1999

Oct. 12, 1999

17

MOTION filed by plaintiff VERNON SHORTER, plaintiff DISABILITY RIGHTS to compel initial disclosure and responses to discovery ; declaration (1); exhibits (9) (tb) (Entered: 10/21/1999)

Oct. 20, 1999

Oct. 20, 1999

18

MOTION filed by plaintiff to treat motion to compel as conceded (jf) (Entered: 11/04/1999)

Nov. 3, 1999

Nov. 3, 1999

20

TRANSCRIPT filed for date(s) of 07/02/99. Reporter: Dennis A. Dinkel (tb) (Entered: 11/15/1999)

Nov. 12, 1999

Nov. 12, 1999

21

MOTION filed by defendant DC to extend time to 12/13/99 to furnish its witless list and comply with discovery requests (tb) (Entered: 11/30/1999)

Nov. 29, 1999

Nov. 29, 1999

23

RESPONSE (OPPOSITIONS) by plaintiff VERNON SHORTER, plaintiff DISABILITY RIGHTS to motion to extend time to 12/13/99 to furnish its witless list and comply with discovery requests [21−1] by DC (tb) (Entered: 12/02/1999)

Dec. 1, 1999

Dec. 1, 1999

22

ORDER by Judge Henry H. Kennedy : granting motion to extend time to 12/13/99 to furnish its witless list and comply with discovery requests [21−1] by DC (N) (dcn) (Entered: 12/02/1999)

Dec. 2, 1999

Dec. 2, 1999

24

RULE 26(a)(1) DISCLOSURE STATEMENT filed by defendant DC (tb) (Entered: 12/14/1999)

Dec. 13, 1999

Dec. 13, 1999

25

MOTION (EXPEDITED CONSENT) filed by plaintiff VERNON SHORTER, plaintiff DISABILITY RIGHTS to suspend discovery schedule in light of likelihood of settlement ; Attachments. (tth) (Entered: 02/09/2000)

Feb. 8, 2000

Feb. 8, 2000

26

ORDER by Judge Henry H. Kennedy : granting motion to suspend discovery schedule in light of likelihood of settlement [25−1] by DISABILITY RIGHTS, VERNON SHORTER status hearing set for 9:30 3/17/00 ; (N) (dcn) (Entered: 02/14/2000)

Feb. 14, 2000

Feb. 14, 2000

27

ATTORNEY APPEARANCE for defendant DC by Wayne C. Beyer, Mark D. Dix (tth) (Entered: 03/17/2000)

March 16, 2000

March 16, 2000

STATUS HEARING before Judge Henry H. Kennedy : oral motion of Bruce Bishop to withdraw as counsel for for plaintiff heard and granted; , pretrial conference set for 9:30 11/29/00 ; trial set for 9:30 12/11/00 ; , referring settlement to Magistrate Reporter: Dolores Byers (dcn) (Entered: 03/17/2000)

March 17, 2000

March 17, 2000

28

NOTICE OF WITHDRAWAL of attorney Bruce Charles Bishop for VERNON SHORTER. (tth) (Entered: 03/23/2000)

March 17, 2000

March 17, 2000

29

SECOND SCHEDULING ORDER by Judge Henry H. Kennedy discovery closes 8/23/00; dispositive motions due 9/22/00 ; response to dispositive motions due 10/20/00; reply to dispositive motions due 10/30/00; pretrial conference set for 9:30 11/29/00; trial set for 9:30 12/11/00 (N) (pob) (Entered: 03/28/2000)

March 28, 2000

March 28, 2000

30

ORDER by Judge Henry H. Kennedy : referring settlement to Magistrate Judge Facciola (N) (pob) (Entered: 03/28/2000)

March 28, 2000

March 28, 2000

CASE REFERRED to Magistrate Judge John M. Facciola for settlement conference; to commence 5/17/00 and conclude by 7/17/00 (mmh) (Entered: 03/30/2000)

March 28, 2000

March 28, 2000

SCHEDULING NOTICE: settlement conference set 10:00 5/22/00 before Magistrate Judge John M. Facciola in Chambers, Room 1426. (pao) (Entered: 04/04/2000)

April 4, 2000

April 4, 2000

31

MOTION filed by defendant DC to continue settlement conference (tb) (Entered: 05/22/2000)

May 22, 2000

May 22, 2000

32

ORDER by Magistrate Judge John M. Facciola : granting motion to continue settlement conference [31−1] by DC; pretrial conference reset to 6/13/00 at 3:30 PM. (N) (pao) (Entered: 05/25/2000)

May 25, 2000

May 25, 2000

33

MOTION filed by plaintiff VERNON SHORTER, plaintiff DISABILITY RIGHTS to compel production of documets withheld under claims of deliberative process and self evaluation privileges ; exhibits (1) (tb) (Entered: 07/17/2000)

July 14, 2000

July 14, 2000

35

ERRATA RE: corrected page two to plaintiff;s memorandum in support of motion to compel production of documents filed on 07/14/00 by plaintiff VERNON SHORTER; attachment (tb) (Entered: 07/25/2000)

July 21, 2000

July 21, 2000

36

ORDER by Judge Henry H. Kennedy : referring plaintiffs motion to compel production of documents withheld under claims of deliberative process and self−evaluation privileges and any discovery disputes to Magistrate Judge John Facciola (N) (dcn) (Entered: 07/27/2000)

July 27, 2000

July 27, 2000

37

MOTION (AMENDED) filed by defendant DC to dismiss amended complaint [16−1] , or, in the alternative for summary judgment (tb) (Entered: 07/28/2000)

July 27, 2000

July 27, 2000

CASE RE−REFERRED to Magistrate Judge John M. Facciola for motion to compel and any other discovery disputes that may arise (mmh) (Entered: 07/31/2000)

July 27, 2000

July 27, 2000

38

NOTICE OF WITHDRAWAL of motion to dismiss counts 8 through 12 of amended complaint, plaintiff's claims for equitable relief, and plaintiff the disability rights council of greater washington with respect to counts 1 and 3 through 7 [16−1] [34−1] by DC, motion for summary judgment pursuant to Federa Rule of Civil Procedure 56(b) [34−2] by DC (tth) (Entered: 07/31/2000)

July 27, 2000

July 27, 2000

39

ORDER by Magistrate Judge John M. Facciola : to show cause why Plaintiff's motion to compel production of documents withheld under claims of deliberative process and self−evaluation privileges should not be granted. , response to show cause due 8/14/00 ; (N) (ldc) (Entered: 08/01/2000)

July 31, 2000

July 31, 2000

40

RESPONSE by defendant DC in opposition to motion to compel production of documets withheld under claims of deliberative process and self evaluation privileges [33−1] by DISABILITY RIGHTS, VERNON SHORTER; Exhibit (1). (pob) (Entered: 08/15/2000)

Aug. 14, 2000

Aug. 14, 2000

41

REPLY by defendant DC to response to motion to compel production of documets withheld under claims of deliberative process and self evaluation privileges [33−1] by DISABILITY RIGHTS, VERNON SHORTER (bm) (Entered: 08/25/2000)

Aug. 24, 2000

Aug. 24, 2000

42

ORDER by Magistrate Judge John M. Facciola : denying as moot motion to treat motion to compel as conceded [18−1] by VERNON SHORTER (N) (ldc) (Entered: 08/31/2000)

Aug. 30, 2000

Aug. 30, 2000

43

JOINT MOTION by plaintiff VERNON SHORTER, plaintiff DISABILITY RIGHTS, defendant DC to extend deadlines in the March 27, 2000 order (tb) (Entered: 09/25/2000)

Sept. 21, 2000

Sept. 21, 2000

44

ORDER by Judge Henry H. Kennedy : granting joint motion to extend deadlines in the March 27, 2000 order [43−1] by DC, DISABILITY RIGHTS, VERNON SHORTER (N) (tb) (Entered: 09/25/2000)

Sept. 25, 2000

Sept. 25, 2000

45

JOINT MOTION by plaintiffs VERNON SHORTER and DISABILITY RIGHTS, and defendant DC to extend deadlines set forth in this court's order dated 09/25/00 by an additional 30 days (ag) (Entered: 10/20/2000)

Oct. 19, 2000

Oct. 19, 2000

46

ORDER by Judge Henry H. Kennedy : granting joint motion to extend deadlines set forth in this court's order dated 09/25/00 by an additional 30 days [45−1] by DC, DISABILITY RIGHTS, VERNON SHORTER (N) (dcn) (Entered: 10/24/2000)

Oct. 23, 2000

Oct. 23, 2000

48

JOINT MOTION by plaintiff, defendants to stay case in light of settlement (jf) (Entered: 12/05/2000)

Nov. 27, 2000

Nov. 27, 2000

47

ORDER by Judge Henry H. Kennedy : granting joint motion to stay in light of settlement; cancelling Pretrial conference set for 11/29/00 as to plaintiff VERNON SHORTER, plaintiff DISABILITY RIGHTS, defendant DC (N) (dcn) (Entered:

Nov. 28, 2000

Nov. 28, 2000

50

ORDER by Magistrate Judge John M. Facciola : dismissing without prejudice for 30 days with permission to reopen or case shall stand dismissed with prejudice (N) (lin) (Entered: 04/09/2001)

April 9, 2001

April 9, 2001

CASE referral ended Magistrate Judge John M. Facciola (ldc) (Entered: 04/16/2001)

April 11, 2001

April 11, 2001

51

MOTION (CONSENT) filed by plaintiff VERNON SHORTER, plaintiff DISABILITY RIGHTS to reopen , and to dismiss with retention of jurisdiction under Federal Civil Procedure 41(a)(2). (hsj) (Entered: 05/07/2001)

May 2, 2001

May 2, 2001

52

ORDER by Judge Henry H. Kennedy : granting motion to reopen [51−1] by DISABILITY RIGHTS, VERNON SHORTER, granting motion to dismiss with retention of jurisdiction under Federal Civil Procedure 41(a)(2). [51−2] by DISABILITY RIGHTS, VERNON SHORTER dismissing complaint [1−1] with prejudice (N) (dcn) (Entered: 05/08/2001)

May 8, 2001

May 8, 2001

Case Details

State / Territory: District of Columbia

Case Type(s):

Policing

Key Dates

Filing Date: Oct. 13, 1998

Closing Date: 2001

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Vernon Shorter (an individual) and the Disability Rights Counsel of Greater Washington (a nonprofit corporation)

Attorney Organizations:

Washington Lawyers' Committee

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

District of Columbia, State

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

Availably Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Voluntary Dismissal

Issues

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Hearing impairment