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Case: Flynn v. Doyle

2:06-cv-00537 | U.S. District Court for the Eastern District of Wisconsin

Filed Date: May 1, 2006

Case Ongoing

Clearinghouse coding complete

Case Summary

On May 1, 2006, attorneys for the National Prison Project of the ACLU Foundation and the American Civil Liberties Union of Wisconsin Foundation Inc. filed a civil rights class action in the United States District Court Eastern District of Wisconsin pursuant to 42 U.S.C. § 1983 on behalf of female inmates incarcerated at Taycheedah Correctional Institution (TCI) in Fond du Lac, Wisconsin. Plaintiffs alleged that their conditions of confinement violated their rights under the Eighth and Fourteen…

On May 1, 2006, attorneys for the National Prison Project of the ACLU Foundation and the American Civil Liberties Union of Wisconsin Foundation Inc. filed a civil rights class action in the United States District Court Eastern District of Wisconsin pursuant to 42 U.S.C. § 1983 on behalf of female inmates incarcerated at Taycheedah Correctional Institution (TCI) in Fond du Lac, Wisconsin. Plaintiffs alleged that their conditions of confinement violated their rights under the Eighth and Fourteenth Amendments to the United States Constitution; Title II of the Americans with Disabilities Act (ADA), 42 U.S.C. § 12132; and Section 504 of the Rehabilitation Act, 29 U.S .C. § 794. Specifically, plaintiffs alleged insufficient medical, mental health, and dental care; disparity in mental health treatment between male and female prisoners; and disability discrimination. They sought declaratory and injunctive relief and moved for immediate class certification.

Defendants denied the allegations, moved for summary judgment and requested that all discovery be stayed. The District Court (Chief Judge Rudolph T Randa) granted plaintiffs' motion to certify the case as a class action, with the class defined as: (1) the TCI Class consisting of all prisoners who are now or in the future will be confined at TCI; and (2) the ADA Subclass consisting of all individuals with disabilities who are now or in the future will be confined at TCI. The defendants' motion for summary judgment was denied and as was the request to stay discovery. Flynn v. Doyle, 2007 WL 805788, 2007 U.S. Dist. LEXIS 22659 (E.D.Wis. Mar. 14, 2007). The Court then entered a scheduling order which governed discovery and various case deadlines.

On January 23, 2009, the plaintiffs filed a motion for a preliminary injunction, which Judge Randa granted on April 24, 2009. Judge Randa ordered the defendants to make sure that all controlled medications at Taycheedah Correctional Institution (TCI) be distributed by trained medical personnel with credentials equal to or greater than those of Licensed Practical Nurses (LPNs) as defined by Wis. Stat. § 441.10. The defendants shall ensure that LPNs distributing medications are trained in institution-specific and department-specific medication administration and documentation practices and protocols.

On November 24, 2009, Judge Randa granted the defendants' motion for partial summary judgment with respect to only the claims related to dental care, but denied the motion for partial summary judgment in all other respects.

On August 23, 2010, the parties reached a settlement agreement, which Judge Randa approved on December 2, 2010. With regard to medical care, the agreement required TCI to attain accreditation by the National Commission on Correctional Health Care and to retain a jointly appointed paid consultant for a set period of time to make sure TCI continued to meet the medical care standards set in the agreement. The defendants were also required to hire a full-time physician board-certified in a primary care to serve as Associate Medical Director who would provide patient care and administration of clinical care at TCI for the duration of the agreement. The settlement also outlined the procedure to be followed if the consultant indicated that there was noncompliance with the agreement. With regard to mental health care, the agreement required Wisconsin Women's Resource Center to complete construction of and initiate services at planned annexes at TCI to provide space for out-of-cell therapeutic activities and group and individual therapy for prisoners with serious mental illnesses. With regard to access for prisoners with disabilities, the agreement required the defendants to provide interpreters and readers for prisoners with hearing and/or vision impairments, other accommodations for hearing impaired prisoners, and maintain paths, walkways, and thoroughfares between buildings to ensure access to core programs and services for prisoners with mobility disabilities. In addition, the defendants must permit prisoners with mobility disabilities to eat in the dining hall at the same time as their non-disabled peers and adhere to DAI Policy & Procedures for disciplining prisoners with hearing disabilities. The agreement allowed the plaintiffs to seek reasonable attorneys' fees for the work done through the date of the final approval of the agreement and for work done to facilitate and monitor the implementation of the agreement.

On December 14, 2010, Judge Randa ordered defendants to pay $950,000 in attorneys' fees.

Summary Authors

Kristen Sagar (4/6/2009)

Jessica Kincaid (11/22/2013)

Isabel Hershey (10/12/2022)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4692317/parties/flynn-v-doyle/


Judge(s)

Randa, Rudolph Thomas (Wisconsin)

Attorneys(s) for Plaintiff

Alexander, Elizabeth R. (District of Columbia)

Bhat, Ghouri (Texas)

Dupuis, Laurence J. (Wisconsin)

Eber, Gabriel B. (District of Columbia)

Fathi, David Cyrus (District of Columbia)

Gende, James J III (Wisconsin)

Graham, Robert L (Illinois)

Holleb Hotaling, Keri L (Illinois)

Reinhart, Stephanie L. (Illinois)

Judge(s)

Randa, Rudolph Thomas (Wisconsin)

Attorneys(s) for Plaintiff

Alexander, Elizabeth R. (District of Columbia)

Bhat, Ghouri (Texas)

Dupuis, Laurence J. (Wisconsin)

Eber, Gabriel B. (District of Columbia)

Fathi, David Cyrus (District of Columbia)

Gende, James J III (Wisconsin)

Graham, Robert L (Illinois)

Holleb Hotaling, Keri L (Illinois)

Reinhart, Stephanie L. (Illinois)

Selvey, Jason A (Illinois)

Strong, Michael R (Illinois)

Attorneys(s) for Defendant

Anderson, Kathryn R. (Wisconsin)

Bauer, Michael R (Wisconsin)

Burkert Brist, Monica A. (Wisconsin)

Finkelmeyer, Corey F. (Wisconsin)

Keckhaver, Karla Z. (Wisconsin)

Schmelzer, Jody J. (Wisconsin)

Sullivan, Francis X. (Wisconsin)

Documents in the Clearinghouse

Document

2:07-cv-00376

Docket (PACER) related case

The Estate of Angela Enoch v. Tienor

Jan. 5, 2012

Jan. 5, 2012

Docket

2:06-cv-00537

Docket [PACER]

Flynn v. Doyle

June 8, 2012

June 8, 2012

Docket
1

2:06-cv-00537

Class Action Complaint for Declaratory and Injunctive Relief

Flournoy v. Doyle

May 1, 2006

May 1, 2006

Complaint
57

2:06-cv-00537

Decision and Order

March 14, 2007

March 14, 2007

Order/Opinion
124

2:06-cv-00537

Plaintiff's Brief in Support of Motion for Preliminary Injunction

Jan. 23, 2009

Jan. 23, 2009

Pleading / Motion / Brief
178

2:06-cv-00537

Decision And Order (Granting Preliminary Relief)

April 24, 2009

April 24, 2009

Order/Opinion
234

2:06-cv-00537

Decision and Order

Nov. 24, 2009

Nov. 24, 2009

Order/Opinion

2:06-cv-00537

Settlement Agreement

Aug. 23, 2010

Aug. 23, 2010

Settlement Agreement
274

2:06-cv-00537

Order Granting Final Approval of Class Action Settlement

Dec. 2, 2010

Dec. 2, 2010

Order/Opinion
280

2:06-cv-00537

Joint Motion to Incorporate Settlement Terms

May 23, 2011

May 23, 2011

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4692317/flynn-v-doyle/

Last updated Oct. 6, 2022, 8:33 p.m.

ECF Number Description Date Link Date / Link
1

CLASS ACTION COMPLAINT for Declaratory and Injunctive Relief filed (Summons(es) issued); Consent Forms Distributed for Magistrate Judge Goodstein; E-File Notification Distributed (Filing fee $ 350) (vkb) Modified on 5/3/2006 (kmm, ). (Entered: 05/02/2006)

May 1, 2006

May 1, 2006

Clearinghouse
2

MOTION for Class Certification by plaintiffs (vkb) (Entered: 05/02/2006)

May 1, 2006

May 1, 2006

PACER
3

BRIEF in Support re 2 MOTION for Class Certification filed by plaintiffs (vkb) (Entered: 05/02/2006)

May 1, 2006

May 1, 2006

PACER
4

Docket Annotation; email sent to Atty. Dupuis re: PDF version of complaint is too large and should be broken into segments smaller than 2MB and resubmitted (vkb)

May 2, 2006

May 2, 2006

PACER
5

CERTIFICATE of Interest by all plaintiffs. (Dupuis, Laurence)

May 2, 2006

May 2, 2006

PACER
6

Consent to Jurisdiction by US Magistrate Judge by all plaintiffs (Dupuis, Laurence)

May 19, 2006

May 19, 2006

PACER
7

Refusal to Jurisdiction by US Magistrate Judge by all defendants (Sullivan, Francis)

May 19, 2006

May 19, 2006

PACER
8

CERTIFICATE OF SERVICE by all defendants (Sullivan, Francis)

May 19, 2006

May 19, 2006

PACER
9

CERTIFICATE OF SERVICE by all plaintiffs of Consent to Magistrate (Dupuis, Laurence)

May 19, 2006

May 19, 2006

PACER

Case Reassigned to Judge Rudolph T Randa. Judge Aaron E Goodstein no longer assigned to the case due to non-consent. (kah, )

May 19, 2006

May 19, 2006

PACER
10

Docket Annotation to Atty Dupuis re: doc. 9. (kah, )

May 22, 2006

May 22, 2006

PACER
11

AMENDED DOCUMENT by all plaintiffs. Certificate of Service with Corrected Caption (Dupuis, Laurence)

May 22, 2006

May 22, 2006

PACER
12

MOTION for Order (re: 28 U.S.C. 1915A Screening Order) by all defendants. (Sullivan, Francis)

June 1, 2006

June 1, 2006

PACER
13

MOTION for Extension of Time to File Answer by all defendants. (Sullivan, Francis)

June 1, 2006

June 1, 2006

PACER
14

CERTIFICATE OF SERVICE by all defendants Re: Motion for Extension of Time to Answer Complaint, and Motion for 28 U.S.C. 1915A Screening Order (Sullivan, Francis)

June 1, 2006

June 1, 2006

PACER
15

WAIVER OF SERVICE Returned Executed by Jim Doyle waiver sent on 5/5/2006, answer due 7/5/2006; Matthew Frank waiver sent on 5/5/2006, answer due 7/5/2006; James Greer waiver sent on 5/5/2006, answer due 7/5/2006; David Burnett waiver sent on 5/5/2006, answer due 7/5/2006; Kevin Kallas waiver sent on 5/5/2006, answer due 7/5/2006; Donald Hands waiver sent on 5/5/2006, answer due 7/5/2006; Barbara Ripani waiver sent on 5/5/2006, answer due 7/5/2006; Ana Boatwright waiver sent on 5/5/2006, answer due 7/5/2006; Holly Meier waiver sent on 5/5/2006, answer due 7/5/2006; Steven Meress waiver sent on 5/5/2006, answer due 7/5/2006. (Sullivan, Francis)

June 5, 2006

June 5, 2006

PACER
16

CERTIFICATE OF SERVICE by all defendants Re: Waiver of Service of Summons (Sullivan, Francis)

June 5, 2006

June 5, 2006

PACER
17

RESPONSE to Motion re 13 MOTION for Extension of Time to File Answer, 12 MOTION for Order (re: 28 U.S.C. 1915A Screening Order) filed by all plaintiffs. (Attachments: # 1 U.S. Dept. of Justice May 1, 2006 Findings Letter)(Bhat, Gouri)

June 12, 2006

June 12, 2006

PACER
18

ORDER signed by Judge Rudolph T Randa on June 15, 2006 granting 12 Motion for 28 U.S.C. Sec. 1915A Screening Order, granting 13 Motion for Extension of Time to Answer. The defendants are directed to file an answer and a response to the motion for class certification no later than August 14, 2006. (cc: all counsel) (Randa, Rudolph) (Entered: 06/16/2006)

June 15, 2006

June 15, 2006

PACER
19

Duplicate - See Entry 15 - WAIVER OF SERVICE Returned Executed by all defendants; certificate of service. (jld, )

June 23, 2006

June 23, 2006

PACER
20

MOTION for Summary Judgment Pursuant to Rule 56, Fed. R. Civ. P. by all defendants. (Sullivan, Francis)

Aug. 14, 2006

Aug. 14, 2006

PACER
21

BRIEF in Support re 20 MOTION for Summary Judgment Pursuant to Rule 56, Fed. R. Civ. P. and Motion for Stay of Discovery filed by all defendants. (Sullivan, Francis)

Aug. 14, 2006

Aug. 14, 2006

PACER
22

MOTION to Stay Discovery by all defendants. (Sullivan, Francis)

Aug. 14, 2006

Aug. 14, 2006

PACER
23

CERTIFICATE OF SERVICE by all defendants of Summary Judgment Motion, Brief in Support, and Motion for Stay of Discovery (Sullivan, Francis)

Aug. 14, 2006

Aug. 14, 2006

PACER
24

ANSWER to Complaint and Affirmative Defenses by all defendants.(Sullivan, Francis)

Aug. 14, 2006

Aug. 14, 2006

PACER
25

Proposed Findings of Fact by all defendants (Sullivan, Francis)

Aug. 14, 2006

Aug. 14, 2006

PACER
26

RESPONSE to Motion re 2 MOTION to Certify Class filed by all defendants. (Sullivan, Francis) Document added on 8/16/2006 (bet)

Aug. 14, 2006

Aug. 14, 2006

PACER
27

AFFIDAVIT of John Ray (Attachments: # 1 # 2 # 3 # 4)(Sullivan, Francis)

Aug. 14, 2006

Aug. 14, 2006

PACER
28

CERTIFICATE OF SERVICE by all defendants of Answer and Affirmative Defenses, Proposed Findings of Fact, Response in Opposition to Motion for Class Certification, and Affidavit of John Ray, complete with Exhibits 1000-1003 (Sullivan, Francis)

Aug. 14, 2006

Aug. 14, 2006

PACER
29

Docket Annotation; Document #26 is blank notification sent to Attorney F. Sullivan. (jld)

Aug. 16, 2006

Aug. 16, 2006

PACER
30

Joint MOTION for Extension of Time to Modify Briefing Schedules by all parties. (Attachments: # 1 Text of Proposed Order Proposed Order Modifying Briefing Schedules)(Dupuis, Laurence)

Aug. 24, 2006

Aug. 24, 2006

PACER
31

STIPULATION to Modify Briefing Schedules by all parties. (Dupuis, Laurence)

Aug. 24, 2006

Aug. 24, 2006

PACER
32

CERTIFICATE OF SERVICE by all plaintiffs of Motion to Modify Briefing Schedules, Stipulation to Modify Briefing Schedules & Proposed Order (Dupuis, Laurence)

Aug. 24, 2006

Aug. 24, 2006

PACER

MARGIN ORDER, approving 30 Joint MOTION for Extension of Time to Modify Briefing Schedules. Signed by Judge Rudolph T Randa on August 29, 2006. (cc: all counsel)(Randa, Rudolph)

Aug. 29, 2006

Aug. 29, 2006

PACER
33

BRIEF in Opposition filed by all plaintiffs re 20 MOTION for Summary Judgment Pursuant to Rule 56, Fed. R. Civ. P.. (Bhat, Gouri)

Sept. 27, 2006

Sept. 27, 2006

PACER
34

Proposed Findings of Fact by all plaintiffs (Bhat, Gouri)

Sept. 27, 2006

Sept. 27, 2006

PACER
35

REPLY BRIEF in Support filed by all plaintiffs re 2 MOTION to Certify Class. (Dupuis, Laurence)

Sept. 27, 2006

Sept. 27, 2006

PACER
36

BRIEF in Opposition filed by all plaintiffs re 22 MOTION to Stay Discovery. (Dupuis, Laurence)

Sept. 27, 2006

Sept. 27, 2006

PACER
37

CERTIFICATE OF SERVICE by all plaintiffs service of Reply Brief in Support of Class Certification & Opposition to Motion for Stay of Discovery (Dupuis, Laurence)

Sept. 27, 2006

Sept. 27, 2006

PACER
38

MOTION for Leave to File Brief Exceeding Page Limit by all plaintiffs. (Bhat, Gouri)

Sept. 27, 2006

Sept. 27, 2006

PACER
39

MOTION to Continue Pursuant to Rule 56(f) (Motion in the Alternative) by all plaintiffs. (Bhat, Gouri)

Sept. 27, 2006

Sept. 27, 2006

PACER
40

CERTIFICATE OF SERVICE by all plaintiffs for Plaintiffs' Brief in Response to Defendants' Motion for Summary Judgment; Plaintiffs' Proposed Findings of Fact and Response to Defendants' Proposed Findings of Fact; Declaration of Gouri Bhat and attached Exhibits A-J; Plaintiffs' Unopposed Motion for Leave to Exceed Page Limit; and Plaintiffs' Motion in the Alternative for a Continuance Pursuant to Rule 56(f) (Bhat, Gouri)

Sept. 27, 2006

Sept. 27, 2006

PACER
41

DECLARATION of Gouri Bhat with attached Exhibits A and D-J. (Attachments: # 1 Exhibit A# 2 Exhibit D# 3 Exhibit E# 4 Exhibit F# 5 Exhibit G# 6 Exhibit H# 7 Exhibit I# 8 Exhibit J)(Bhat, Gouri)

Sept. 27, 2006

Sept. 27, 2006

PACER
42

ATTACHMENTS Exhibit B, Parts 1-4, attached to Declaration of Gouri Bhat by all plaintiffs re 41 Declaration. (Attachments: # 1 Exhibit B, Part 2# 2 Exhibit B, Part 3# 3 Exhibit B, Part 4)(Bhat, Gouri)

Sept. 27, 2006

Sept. 27, 2006

PACER
43

ATTACHMENTS Exhibit B, Parts 5-8, attached to Declaration of Gouri Bhat by all plaintiffs re 41 Declaration. (Attachments: # 1 Exhibit B, Part 6# 2 Exhibit B, Part 7# 3 Exhibit B, Part 8)(Bhat, Gouri)

Sept. 27, 2006

Sept. 27, 2006

PACER
44

ATTACHMENTS Exhibit C, Parts 1-3, attached to Declaration of Gouri Bhat by all plaintiffs re 41 Declaration. (Attachments: # 1 Exhibit C, Part 2# 2 Exhibit C, Part 3)(Bhat, Gouri)

Sept. 27, 2006

Sept. 27, 2006

PACER
45

STIPULATION For Extension of Time to File Reply Brief by all defendants. (Sullivan, Francis)

Oct. 27, 2006

Oct. 27, 2006

PACER
46

CERTIFICATE OF SERVICE by all defendants of Stipulation for Extension of Time to File Reply Brief (Sullivan, Francis)

Oct. 27, 2006

Oct. 27, 2006

PACER
47

REPLY BRIEF in Support filed by all defendants re 20 MOTION for Summary Judgment Pursuant to Rule 56, Fed. R. Civ. P.. (Sullivan, Francis)

Nov. 10, 2006

Nov. 10, 2006

PACER
48

RESPONSE filed by all defendants re 34 Proposed Findings of Fact.. (Sullivan, Francis)

Nov. 10, 2006

Nov. 10, 2006

PACER
49

CERTIFICATE OF SERVICE by all defendants of Reply Brief and Response to Plaintiffs' Proposed Findings of Fact (Sullivan, Francis)

Nov. 10, 2006

Nov. 10, 2006

PACER
50

MOTION for Leave to File Supplemental Evidentiary Materials by all plaintiffs. (Attachments: # 1 Supplemental Proposed Findings# 2 Supplemental Declaration of Counsel# 3 Exhibit K, Part 1# 4 Exhibit K, Part 2# 5 Exhibit K, Part 3# 6 Exhibit K, Part 4# 7 Exhibit K, Part 5# 8 Exhibit K, Part 6# 9 Certificate of Service)(Bhat, Gouri)

Dec. 8, 2006

Dec. 8, 2006

PACER
51

MOTION for Leave to File Attachment L, Part 1 to Supplemental Declaration of Counsel by all plaintiffs. (Attachments: # 1 Exhibit L, Part 2# 2 Exhibit L, Part 3# 3 Exhibit L, Part 4# 4 Exhibit M# 5 Exhibit N)(Bhat, Gouri)

Dec. 8, 2006

Dec. 8, 2006

PACER
52

RESPONSE to Motion filed by all defendants re 50 MOTION for Leave to File Supplemental Evidentiary Materials. (Finkelmeyer, Corey)

Dec. 18, 2006

Dec. 18, 2006

PACER
53

CERTIFICATE OF SERVICE by all defendants re Defendants' Response to Plaintiffs' Motion for Leave to File Supplemental Evidentiary Materials (Finkelmeyer, Corey)

Dec. 18, 2006

Dec. 18, 2006

PACER
54

REPLY BRIEF in Support filed by all plaintiffs re 50 MOTION for Leave to File Supplemental Evidentiary Materials. (Attachments: # 1 Certificate of Service)(Bhat, Gouri)

Dec. 20, 2006

Dec. 20, 2006

PACER
55

NOTICE by all plaintiffs of Supplemental Authority (Attachments: # 1 Certificate of Service)(Bhat, Gouri)

Jan. 31, 2007

Jan. 31, 2007

PACER
56

NOTICE of Appearance by Keri L Holleb Hotaling on behalf of Debbie Ann Ramos, Kristine Flynn, Lenda Flournoy. Attorney(s) appearing: Robert L. Graham, Keri L. Holleb Hotaling, Jason A. Selvey (Holleb Hotaling, Keri)

March 2, 2007

March 2, 2007

PACER
57

ORDER signed by Judge Rudolph T Randa on March 14, 2007 granting 38 Motion for Leave to File; finding as moot 39 Motion to Continue; granting 50 Motion for Leave to File; granting 51 Motion for Leave to File; granting 2 Motion to Certify Class; denying 20 Motion for Summary Judgment; finding as moot 22 Motion to Stay. (cc: all counsel) (Randa, Rudolph) (Entered: 03/15/2007)

March 14, 2007

March 14, 2007

Clearinghouse
58

SCHEDULING ORDER: signed by Judge Rudolph T Randa on April 5, 2007. Discovery due by 7/6/2007, Dispositive Motions due by 8/6/2007. (cc: all counsel)(Randa, Rudolph) (Entered: 04/06/2007)

April 5, 2007

April 5, 2007

PACER
59

Joint MOTION to Modify Scheduling Order by all parties. (Attachments: # 1 Text of Proposed Order)(Bhat, Gouri)

April 12, 2007

April 12, 2007

PACER
60

ORDER granting 59 Joint MOTION to Modify Scheduling Order. Signed by Judge Rudolph T Randa on April 16, 2007. Amended Pleadings due by 6/15/2007, Discovery due by 11/21/2007, Plaintiffs Expert Witness List due by 9/7/2007, Defendants Expert Witness List due by 10/9/2007, Rebuttal Experts due by 11/09/2007, Dispositive Motions due by 12/21/2007. (cc: all counsel)(Randa, Rudolph) (Entered: 04/17/2007)

April 16, 2007

April 16, 2007

RECAP
61

Joint MOTION for Protective Order Stipulated by all parties. (Attachments: # 1 Text of Proposed Order Stipulated Protective Order)(Dupuis, Laurence)

May 25, 2007

May 25, 2007

PACER
62

STIPULATED PROTECTIVE ORDER signed by Judge Rudolph T Randa on May 31, 2007 granting 61 Motion for Protective Order. (cc: all counsel) (Randa, Rudolph)

June 1, 2007

June 1, 2007

PACER
63

NOTICE of Appearance by Michael R Bauer on behalf of all defendants. Attorney(s) appearing: Michael R. Bauer (Bauer, Michael)

June 1, 2007

June 1, 2007

PACER
64

MOTION to Take Deposition from Kristine Flynn, Lenda Flournoy, Vernessia Parker, and Debbie Ann Ramos by all defendants. (Attachments: # 1 Certificate of Service)(Sullivan, Francis)

July 10, 2007

July 10, 2007

PACER
65

Joint MOTION to Modify Scheduling Order by all plaintiffs. (Bhat, Gouri)

July 16, 2007

July 16, 2007

PACER
66

Joint MOTION for Protective Order Authorizing Disclosure of Alcohol & Drug Abuse Patient Records by all plaintiffs. (Attachments: # 1 Text of Proposed Order)(Bhat, Gouri)

July 16, 2007

July 16, 2007

PACER
67

NOTICE of Appearance by Gabriel B Eber on behalf of all plaintiffs. Attorney(s) appearing: Gabriel B. Eber (Eber, Gabriel)

July 16, 2007

July 16, 2007

PACER
68

Docket Annotation ; motion and proposed order e-filed as one documnent sent to Attorney G. Bhat re entry #65. (jld)

July 17, 2007

July 17, 2007

PACER
69

ORDER signed by Judge Rudolph T Randa on July 17, 2007 granting 64 Motion to Take Deposition from Kristine Flynn, Leanda Flournoy, Vernessia Parker and Debbie Ann Ramos. (cc: all counsel) (Randa, Rudolph) (Entered: 07/18/2007)

July 17, 2007

July 17, 2007

PACER
70

ORDER signed by Judge Rudolph T Randa on July 17, 2007 granting 65 Motion to Modify. (cc: all counsel) (Randa, Rudolph) (Entered: 07/18/2007)

July 17, 2007

July 17, 2007

RECAP

Set/Reset Scheduling Order: Plaintiffs Expert Witness List due by 10/15/2007,Defendants Expert Witness List due by 11/16/2007, Dispositive Motions due by 2/15/2008, Discovery completed by 1/11/2008 (Koll, Jacki)

July 17, 2007

July 17, 2007

PACER
71

ORDER signed by Judge Rudolph T Randa on July 19, 2007 granting 66 Motion for Protective Order. (cc: all counsel) (Randa, Rudolph)

July 19, 2007

July 19, 2007

PACER
72

NOTICE by all plaintiffs of Withdrawal of Counsel (Fathi, David)

Sept. 12, 2007

Sept. 12, 2007

PACER
73

CERTIFICATE OF SERVICE by all plaintiffs (Fathi, David)

Sept. 12, 2007

Sept. 12, 2007

PACER
74

Joint MOTION for Extension of Time to Revise Scheduling Order by all parties. (Attachments: # 1 Stipulation to Revise Scheduling Order# 2 Text of Proposed Order Proposed Revised Scheduling Order)(Dupuis, Laurence)

Sept. 25, 2007

Sept. 25, 2007

PACER
75

CERTIFICATE OF SERVICE by all plaintiffs Joint Motion to Revise Scheduling Order (Dupuis, Laurence)

Sept. 25, 2007

Sept. 25, 2007

PACER
76

ORDER signed by Judge Rudolph T Randa on September 26, 2007 granting 74 Motion for Extension of Time. (cc: all counsel) (Randa, Rudolph) (Entered: 09/27/2007)

Sept. 26, 2007

Sept. 26, 2007

PACER

REVISED SCHEDULING ORDER signed by Judge Rudolph T Randa on September 26, 2007. Discovery due by 4/15/2008, Plaintiffs Expert Witness List due by 12/14/2007, Defendants Expert Witness List due by 2/1/2008, Dispositive Motions due by 5/15/2008. (cc: all counsel)(Koll, Jacki)

Sept. 26, 2007

Sept. 26, 2007

PACER
77

MOTION to Take Deposition from Lenda Flournoy, Debbie Ramos, and Kristine Flynn by all defendants. (Sullivan, Francis)

Nov. 14, 2007

Nov. 14, 2007

PACER
78

CERTIFICATE OF SERVICE by all defendants (Sullivan, Francis)

Nov. 14, 2007

Nov. 14, 2007

PACER
79

MOTION to Take Deposition from prisoners by all defendants. (Bauer, Michael)

Dec. 10, 2007

Dec. 10, 2007

PACER
80

CERTIFICATE OF SERVICE by all defendants (Bauer, Michael)

Dec. 10, 2007

Dec. 10, 2007

PACER
81

RESPONSE to Motion filed by all plaintiffs re 79 MOTION to Take Deposition from prisoners. (Eber, Gabriel)

Dec. 17, 2007

Dec. 17, 2007

PACER
82

CERTIFICATE OF SERVICE by all plaintiffs (Eber, Gabriel)

Dec. 17, 2007

Dec. 17, 2007

PACER
83

NOTICE of Appearance by Michael R Strong on behalf of Debbie Ann Ramos, Kristine Flynn, Lenda Flournoy. Attorney(s) appearing: Michael R. Strong and Stephanie L. Reinhart (Strong, Michael)

Dec. 19, 2007

Dec. 19, 2007

PACER
84

MOTION for Discovery Leave to Conduct Physical Examination by all defendants. (Sullivan, Francis)

Dec. 28, 2007

Dec. 28, 2007

PACER
85

CERTIFICATE OF SERVICE by all defendants (Sullivan, Francis)

Dec. 28, 2007

Dec. 28, 2007

PACER
86

BRIEF in Opposition filed by all plaintiffs re 84 MOTION for Discovery Leave to Conduct Physical Examination. (Eber, Gabriel)

Jan. 11, 2008

Jan. 11, 2008

PACER
87

CERTIFICATE OF SERVICE by all plaintiffs (Eber, Gabriel)

Jan. 11, 2008

Jan. 11, 2008

PACER
88

STIPULATION Parties' Joint Stipulation Regarding Absent Class Member Depositions by all defendants. (Bauer, Michael)

Jan. 18, 2008

Jan. 18, 2008

PACER
89

PROPOSED Order filed by all defendants. (Bauer, Michael)

Jan. 18, 2008

Jan. 18, 2008

PACER
90

CERTIFICATE OF SERVICE by all defendants for Parties' Joint Stipulation Regarding Absent Class Member Depositions and [Proposed] Order (Bauer, Michael)

Jan. 18, 2008

Jan. 18, 2008

PACER
91

ORDER signed by Judge Rudolph T Randa on January 22, 2008 granting 79 Motion to Take Deposition from plaintiffs confined in prison. (cc: all counsel) (Randa, Rudolph) (Entered: 01/23/2008)

Jan. 22, 2008

Jan. 22, 2008

PACER
92

ORDER signed by Judge Rudolph T Randa on January 24, 2008 granting 77 Motion to Take Deposition from prisoners; denying 84 Motion for Discovery. (cc: all counsel) (Koll, J)

Jan. 24, 2008

Jan. 24, 2008

RECAP
93

NOTICE of Appearance by Karla Z Keckhaver on behalf of all defendants. Attorney(s) appearing: Karla Z. Keckhaver (Attachments: # 1 Certificate of Service)(Keckhaver, Karla)

Jan. 31, 2008

Jan. 31, 2008

PACER
94

STIPULATION Parties' Joint Stipulation Regarding Expert Reports of Martie Taylor and Elbert Whorton by all defendants. (Bauer, Michael)

Feb. 1, 2008

Feb. 1, 2008

PACER
95

PROPOSED Order regarding Expert Reports of Martie Taylor and Elbert Whorton filed by all defendants. (Bauer, Michael)

Feb. 1, 2008

Feb. 1, 2008

PACER
96

CERTIFICATE OF SERVICE by all defendants (Bauer, Michael)

Feb. 1, 2008

Feb. 1, 2008

PACER

Case Details

State / Territory: Wisconsin

Case Type(s):

Prison Conditions

Disability Rights

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: May 1, 2006

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

1) The TCI Class, defined as “all prisoners who are now or in the future will be confined at TCI;” and 2) The ADA Subclass, defined as “all individuals with disabilities who are now or in the future will be confined at TCI.”

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

ACLU National Prison Project

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Wisconsin Department of Corrections, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Constitutional Clause(s):

Equal Protection

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 950,000

Order Duration: 2010 - 0

Content of Injunction:

Preliminary relief granted

Issues

General:

Rehabilitation

Discrimination-basis:

Disability (inc. reasonable accommodations)

Affected Gender:

Female

Medical/Mental Health:

Dental care

Medical care, general

Mental health care, general

Type of Facility:

Government-run