Case: United States v. Strickland

2:08-cv-00475 | U.S. District Court for the Southern District of Ohio

Filed Date: May 16, 2008

Closed Date: 2015

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Case Summary

On May 16, 2008, the Attorney General, on behalf of the United States, filed suit against the state of Ohio, its governor, the director of youth services, and the superintendents of its juvenile correctional facilities pursuant to 42 U.S.C. § 14141 for an alleged pattern or practice of violating the rights of juvenile detainees under the Fourteenth Amendment, the Individuals with Disabilities Education Act (IDEA) 20 U.S.C. §§ 1400-1482, and the Rehabilitation Act of 1973, 29 U.S.C. § 794 et seq…

The United States alleged that Ohio failed to protect the youth at its facilities from harm and undue risk of harm, failed to meet their medical and mental health needs, and failed to provide adequate special education services. The alleged harm and undue risk included unwarranted use of force and seclusion, and inadequate grievance and investigation procedures, while the alleged inadequacies of the health and education services were more total and included lack of dental care, and inadequate intake, screening, and treatment.

The facilities sued were Circleville Youth Center, Cuyahoga Hills Boys School, Indian River School, Marion Juvenile Correctional Center, Mohican Youth Center, Ohio River Valley Youth Center, Scioto Juvenile Correctional Center, and the Freedom Center. The suit was filed as a result of Department of Justice (DOJ) investigations into the conditions of confinement at the Scioto and Marion centers that began in 2005.

On June 12, 2008 in accordance with a joint motion of the parties, the court (Judge Algenon L. Marbley) ordered the entry of a stipulation to injunctive relief for the Scioto and Marion centers and conditionally dismissed the claims against the other facilities. The other facilities were already under a stipulated injunction from the related case S.H. v. Stickrath, linked below so the claims were dismissed on the condition that the United States have access to all relevant Ohio Department of Youth Services (ODYS) policies and the monitor from the Stickrath. The Independent Fact Finder's 214-page report from that case contains useful background for the issues in this case. The Court entered the Stipulation for Injunctive Relief on June 24, 2008.

The injunction required Ohio to develop a wide variety of policies, procedures and practices to remedy the undue harm, inadequate medical and mental health care access, and inadequate special education services to which it subjected the juveniles detained in its facilities. In addition, the injunction appointed a monitor, Fred Cohen, to conduct investigations and report periodically on the state's compliance and required the state to train its employees, develop any additional documents or forms necessary to comply with the injunction, and to create and collect data to assess its performance. The terms of the injunction also guaranteed the Department of Justice access to the youth and staff at the Scioto and Marion centers and to all relevant records. Ohio had one year to revise its policies, training materials, and assessment tools so as to comply with the injunction, which was to last for three years or terminate early upon a showing of a year of substantial compliance.

Monitor Fred Cohen, who had acted as the monitor for both the S.H. case and this case, resigned from monitoring duties only for this case on September 24, 2009. On December 15, 2009, the Court approved modification of the stipulation to provide a new monitoring scheme in which the DOJ acted as monitor through a team of experts. The modification also recognized that the injunction ceased to apply to the Marion facility, which had been closed.

On February 26, 2010, the court ordered ODYS to develop a new meal policy that would ensure that it fed the juveniles committed to the facilities. ODYS had promulgated a protocol that said that youth who refused to go to the cafeteria would not receive a meal. It was applied inconsistently and appeared to deny food to those who refused out of fear. The issue led to a show cause hearing because of discrepancies in the summaries and data provided to the court and to a subsequent order to submit a new policy.

By the consent of the parties, the court amended the injunction on June 6, 2011, to remove many provisions. The monitoring section was redone, and the DOJ relinquished that role to a team of experts. Most notable was that the 3-year expiration clause was removed, making the injunction terminable only on a showing of substantial compliance for two reporting periods. The court adopted a revised version of the injunction that reflected the two amendments in a single document on June 28, 2011.

On January 18, 2013, as a result of problems with the Progress Unit indicated in the Monitor's Third Report, the parties entered into a consent order that laid out a series of requirements meant to ensure that youth on the Progress Unit are not subjected excessive seclusion, that they receive structured programming, that they be screened to ensure they were not sent to the unit for symptoms of mental illness, and that they be given treatment plans that include reasonable goals designed to enable them to leave the unit. The order would be terminated only upon a showing of substantial compliance for six months.

The Monitor's Fourth Report and the First Status Report on Progress Unit were completed in 2013 and included an evaluation of the Scioto Facility. Both reports stated that Ohio was not in substantial compliance with the respective injunctions.

As a result of the State's inability to comply with the consent order, on March 12, 2014 the Department of Justice moved to supplement its original complaint by also including the state's use of unlawful seclusion at all of its juvenile correctional facilities. The court approved this motion on March 28, 2014 and DOJ filed a supplemental complaint on March 31, 2014. At the time that DOJ filed its supplemental complaint, it also sought a temporary restraining order to stem the state's seclusion of juveniles with mental health disorders.

The Department of Justice announced a final agreement with the State of Ohio on Wednesday, May 21, 2014. While Ohio was working to eventually eliminate disciplinary seclusion of youth, this agreement included interim measures that would taken to ensure that seclusion only occurred under certain conditions and for a limited duration. The state also agreed to reduce the potential harms caused by seclusion by increasing access to therapeutic, educational and recreational services while a young person is in seclusion.

On Feb. 11, 2015, the monitoring Correctional Institution Inspection Committee, issued a report showing a dramatic decline in use of seclusion.

The court-appointed monitors submitted final reports in 2015, establishing that the defendant had achieved substantial compliance with the agreement's provisions. The report on the DYS facilities for boys was submitted June 10, 2015, and the report on the DYS-contracted facilities for girls was submitted on November 30, 2015. The monitors submitted their final status report, "The Ohio Model: A Report on the Transformational Reform of the Ohio Department of Youth Services, 2007-2015," on December 7, 2015. The report documented improvements including recording and review of uses of force; a meaningful grievance system; abolition of disciplinary seclusion and dramatic reductions in pre-hearing seclusion; educational programming; increased family visitation; improved mental health treatment; and reduction of the incarcerated population.

On December 3, 2015, the parties made a joint motion to terminate the consent decree. The consent decree was terminated on December 9, 2015, and the case is now closed.

	Document
2:08-cv-00475	Docket [PACER]	Dec. 9, 2015	Dec. 9, 2015 Docket
74-3 2:08-cv-00475	Findings Letter: Investigation of Scioto Juvenile Correctional Facility U.S. v. Strickland	May 9, 2007	May 9, 2007 Findings Letter/Report
2:08-cv-00475	Findings Letter: Investigation of the Marion Juvenile Correctional Facility U.S. v. Strickland No Court	May 9, 2007	May 9, 2007 Findings Letter/Report
2 2:08-cv-00475	Complaint The United States of America v. State of Ohio	May 16, 2008	May 16, 2008 Complaint
6 2:08-cv-00475	Joint Motion and [Proposed] Order for Entry of Stipulation and for Conditional Dismissal of Complaint The United States of America v. The State of Ohio	June 5, 2008	June 5, 2008 Order/Opinion
6 2:08-cv-00475	Joint Motion and [Proposed] Order for Entry of Stipulation and For Conditional Dismissal of Complaint U.S. v. Ohio	June 5, 2008	June 5, 2008 Settlement Agreement
8 2:08-cv-00475	Stipulation for Injunctive Relief United States of America v. The State of Ohio	June 24, 2008	June 24, 2008 Order/Opinion
23 2:08-cv-00475	Proposed Modifications to the Stipulation for Injunctive Relief in U.S.A. v. Ohio The United States of America v. The State of Ohio	Nov. 23, 2009	Nov. 23, 2009 Order/Opinion
30 2:08-cv-00475	Order United States of America v. The State of Ohio	Feb. 26, 2010	Feb. 26, 2010 Order/Opinion
42 2:08-cv-00475	Order United States of America v. The State of Ohio	June 4, 2010	June 4, 2010 Order/Opinion 2010 WL 2246330

ECF Number	Description	Date	Link Date / Link
1	Civil Cover Sheet (sr) (Entered: 05/16/2008)	May 16, 2008	May 16, 2008
2	COMPLAINT filed by The United States of America against Dion Norman, Larry Gongwer, Fred Nelson, Chris Money, The State of Ohio, Ted Strickland, Ohio Department of Youth Services, Thomas Stickrath, Thomas Teague, Katie Needham, Marci Sutherland, Beth Oprisch (sr) (Entered: 05/16/2008)	May 16, 2008	May 16, 2008
3	MOTION for Leave to Appear Pro Hac Vice of Stacey K. Grigsby U.S. Dept. of Justice (Filing fee $ 200) by Plaintiff The United States of America. (Attachments: # 1 Certificate of Good Standing) (D'Alessandro, Mark) (Entered: 05/20/2008)	May 20, 2008	May 20, 2008
5	ORDER granting 3 & 4 Motions for Leave to Appear Pro Hac Vice of Stacy K. Grigsby and Benjamin O. Tayloe, Jr. Signed by Mark R. Abel on 05/22/2008. (sr) (Entered: 05/22/2008)	May 22, 2008	May 22, 2008
6	Joint MOTION for Settlement as to Scioto Juvenile Correctional Facility and Marion Juvenile Correctional Facility , Unopposed MOTION to Dismiss conditionally the Complaint as to the six remaining state−operated juvenile correctional facilities ( Responses due by 6/30/2008) by Plaintiff The United States of America. (Attachments: # 1 Text of Proposed Order Stipulation for Injunctive Relief) (Gonzalez, Gregory) (Entered: 06/05/2008)	June 5, 2008	June 5, 2008
7	ORDER FOR ENTRY OF STIPULATION AND FOR CONDITIONAL DISMISSAL OF COMPLAINT. Signed by Algenon L. Marbley on 06/12/2008. (cw, ) (Entered: 06/12/2008)	June 12, 2008	June 12, 2008
8	STIPULATION FOR INJUNCTIVE RELIEF. Signed by Algenon L. Marbley on 6/24/2008. (cw, ) (Entered: 06/24/2008)	June 24, 2008	June 24, 2008
9	First MOTION to Substitute Attorney Greg Gonzalez by Plaintiff The United States of America. (Dominguez, Silvia) (Entered: 01/09/2009)	Jan. 9, 2009	Jan. 9, 2009
10	ORDER granting # 9 Motion to Substitute Attorney. Attorney Silvia Dominguez added for The United States of America. Attorney Gregory Gonzalez terminated. Signed by Mark R. Abel on 1/12/09. (rew ) (Entered: 01/12/2009)	Jan. 12, 2009	Jan. 12, 2009
11	MOTION to Clarify Stipulation by Plaintiff The United States of America. (Tayloe, Benjamin) (Entered: 06/09/2009)	June 9, 2009	June 9, 2009
12	Memorandum of Law in Support of its 11 MOTION to Clarify Stipulation by Plaintiff The United States of America. (Attachments: # 1 Exhibit A (Kim May 9, 2007 Letter), # 2 Exhibit B (Swisher April 28, 2008 Letter), # 3 Exhibit C (Cohen Jan 30, 2009 email), # 4 Exhibit D (Cohen Feb 18, 2009 email), # 5 Exhibit E (Cohen April 6, 2009 email), # 6 Exhibit F (Cohen April 23, 2009 email), # 7 Exhibit G (Cohen May 19, 2009 email), # 8 Exhibit H (Cohen March 18, 2009 email), # 9 Exhibit I (Gerhardstein March 26, 2009, 18:38 EST email), # 10 Exhibit J (Gerhardstein March 26, 2009 19:22 EST email), # 11 Exhibit K (Cohen May 12, 2009 email), # 12 Text of Proposed Order) (Tayloe, Benjamin) Modified text and terminate event as motion on 6/9/2009 (er1 ). (Entered: 06/09/2009)	June 9, 2009	June 9, 2009
13	NOTICE of Appearance by Vincent Herman Plaintiff The United States of America (Herman, Vincent) (Entered: 06/16/2009)	June 16, 2009	June 16, 2009
14	Response Pursuant to Court's Order of Aug 31, 2009 by Plaintiff The United States of America. (Attachments: # 1 Appendix A −− Sept 9, 2009 Letter) (Tayloe, Benjamin) (Entered: 09/21/2009)	Sept. 21, 2009	Sept. 21, 2009
15	NOTICE by Plaintiff The United States of America and Parties in S.H. Regarding Monitor's Resignation in U.S. v. Ohio and Motion to Modify Briefing Schedule (Attachments: # 1 Appendix A −− Sept 24, 2009 Letter from Monitor Cohen) (Tayloe, Benjamin) (Entered: 09/29/2009)	Sept. 29, 2009	Sept. 29, 2009
16	Position of the Monitor Regarding Joint Notice to the Court Regarding the Monitor's Resignation in U.S. V. Ohio, and Motion to Modify Briefing Schedule (pes1) (Entered: 09/29/2009)	Sept. 29, 2009	Sept. 29, 2009
17	NOTICE OF WITHDRAWAL OF DOCUMENT 16 filed by Monitor Fred Cohen. (pes1) (Entered: 10/02/2009)	Oct. 2, 2009	Oct. 2, 2009
18	ORDER holding Joint Notice re: Monitor's Resignation and Motion to Modify Briefing Schedule [doc.143] in Abeyance. Signed by Judge Algenon L. Marbley on 10/05/2009. (cw) (Entered: 10/05/2009)	Oct. 5, 2009	Oct. 5, 2009
19	NOTICE by Plaintiff The United States of America and Parties in S.H. Regarding Monitor's Resignation in U.S. v. Ohio (Tayloe, Benjamin) (Entered: 10/09/2009)	Oct. 9, 2009	Oct. 9, 2009
21	ORDER Setting Telephonic Status Conference for 11/16/2009 03:00 PM before Judge Algenon L. Marbley. Signed by Judge Algenon L. Marbley on 11/06/2009. (cw) (Entered: 11/06/2009)	Nov. 6, 2009	Nov. 6, 2009
22	NOTICE of Appearance by J Eric Holloway Defendants Larry Gongwer, Chris Money, Katie Needham, Fred Nelson, Dion Norman, Ohio Department of Youth Services, Beth Oprisch, Thomas Stickrath, Ted Strickland, Marci Sutherland, Thomas Teague, The State of Ohio (Holloway, J) (Entered: 11/23/2009)	Nov. 23, 2009	Nov. 23, 2009
23	NOTICE by Defendants Larry Gongwer, Chris Money, Katie Needham, Fred Nelson, Dion Norman, Ohio Department of Youth Services, Beth Oprisch, Thomas Stickrath, Ted Strickland, Marci Sutherland, Thomas Teague, The State of Ohio of Filing Joint Proposed Modifications to the Stipulation for Injunctive Relief in U.S.A. v. Ohio (Holloway, J) (Entered: 11/23/2009)	Nov. 23, 2009	Nov. 23, 2009
24	NOTICE by Defendants Larry Gongwer, Chris Money, Katie Needham, Fred Nelson, Dion Norman, Ohio Department of Youth Services, Beth Oprisch, Thomas Stickrath, Ted Strickland, Marci Sutherland, Thomas Teague, The State of Ohio re 23 Notice (Other), Notice (Other) of Filing Exhibit A (Dedel C.V.) to Joint Proposed Modifications to the Stipulation for Injunctive Relief (Holloway, J) (Entered: 11/24/2009)	Nov. 24, 2009	Nov. 24, 2009
25	NOTICE of Appearance by Richard Thomas Cholar, Jr Defendants Larry Gongwer, Chris Money, Katie Needham, Fred Nelson, Dion Norman, Ohio Department of Youth Services, Beth Oprisch, Thomas Stickrath, Ted Strickland, Marci Sutherland, Thomas Teague, The State of Ohio (Cholar, Richard) (Entered: 11/25/2009)	Nov. 25, 2009	Nov. 25, 2009
26	Transcript of Telephonic Status Conference held on 11/16/2009, before Judge Marbley. Court Reporter/Transcriber Shawna J. Evans, Telephone number 614−719−3316. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms − Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 12/22/2009. Redacted Transcript Deadline set for 1/4/2010. Release of Transcript Restriction set for 3/1/2010. (pes1) (Entered: 12/01/2009)	Dec. 1, 2009	Dec. 1, 2009
27	ORDER ADOPTING Proposed Modifications to the Stipulation for Injunctive Relief 23 Notice Directing Monthly Payments be made from Prison Account of, ORDER re 23 Notice (Other), Notice (Other) filed by Dion Norman, The State of Ohio, Thomas Stickrath, Fred Nelson, Katie Needham, Ted Strickland, Marci Sutherland, Chris Money, Larry Gongwer, Ohio Department of Youth Services, Thomas Teague, Beth Oprisch. Signed by Judge Algenon L. Marbley on 12/15/2009. (cw)	Dec. 15, 2009	Dec. 15, 2009 RECAP
28	ORDER finding as moot 11 Motion to Clairfy. Signed by Judge Algenon L. Marbley on 12/15/2009. (cw) (Entered: 12/15/2009)	Dec. 15, 2009	Dec. 15, 2009
27	ORDER ADOPTING Proposed Modifications to the Stipulation for Injunctive Relief 23 Notice Directing Monthly Payments be made from Prison Account of, ORDER re 23 Notice (Other), Notice (Other) filed by Dion Norman, The State of Ohio, Thomas Stickrath, Fred Nelson, Katie Needham, Ted Strickland, Marci Sutherland, Chris Money, Larry Gongwer, Ohio Department of Youth Services, Thomas Teague, Beth Oprisch. Signed by Judge Algenon L. Marbley on 12/15/2009. (cw)	Dec. 15, 2009	Dec. 15, 2009 RECAP
29	ORDER SETTING Status Conference for 2/24/2010 10:00 AM in Chambers before Judge Algenon L. Marbley. Signed by Judge Algenon L. Marbley on 2/22/2010. (cw) (Entered: 02/22/2010)	Feb. 22, 2010	Feb. 22, 2010
30	ORDER. Signed by Judge Algenon L. Marbley on 2/26/2010. (cw) (Additional attachment(s) added on 2/26/2010: # 1 Attachment 1) (cw). (Entered: 02/26/2010)	Feb. 26, 2010	Feb. 26, 2010
31	ORDER. Signed by Judge Algenon L. Marbley on 2/26/2010. (Attachments: # 1 Attachment 1) (cw) (Entered: 02/26/2010)	Feb. 26, 2010	Feb. 26, 2010
32	NOTICE by Defendants Larry Gongwer, Chris Money, Katie Needham, Fred Nelson, Dion Norman, Ohio Department of Youth Services, Beth Oprisch, Thomas Stickrath, Ted Strickland, Marci Sutherland, Thomas Teague, The State of Ohio re 31 Order of Compliance with Order (Attachments: # 1 Exhibit A, Summaries) (Holloway, J) (Entered: 03/03/2010)	March 3, 2010	March 3, 2010
33	MOTION for Order to Grant Relief from Court Order; Motion for Extension of Time in the Alternative by Defendants Larry Gongwer, Chris Money, Katie Needham, Fred Nelson, Dion Norman, Ohio Department of Youth Services, Beth Oprisch, Thomas Stickrath, Ted Strickland, Marci Sutherland, Thomas Teague, The State of Ohio. (Attachments: # 1 Exhibit A, Declaration of Chris Money) (Holloway, J) (Entered: 03/09/2010)	March 9, 2010	March 9, 2010
34	ORDER granting 33 Alternative Motion for an Extension of Time. Signed by Judge Algenon L. Marbley on 03/17/2010. (cw) (Entered: 03/17/2010)	March 17, 2010	March 17, 2010
35	SEALED Transcript of Status Conference Proceedings held on 2/24/2010, before Judge Marbley. Court Reporter/Transcriber Shawna J. Evans, Telephone number 614−719−3316. (pes1) (Entered: 03/17/2010)	March 17, 2010	March 17, 2010
36	Transcript of Status Conference Proceedings held on 2/24/2010, before Judge Marbley. Court Reporter/Transcriber Shawna J. Evans, Telephone number 614−719−3316. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms − Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 4/7/2010. Redacted Transcript Deadline set for 4/19/2010. Release of Transcript Restriction set for 6/15/2010. (pes1) (Entered: 03/17/2010)	March 17, 2010	March 17, 2010
37	NOTICE by Defendants Larry Gongwer, Chris Money, Katie Needham, Fred Nelson, Dion Norman, Ohio Department of Youth Services, Beth Oprisch, Thomas Stickrath, Ted Strickland, Marci Sutherland, Thomas Teague, The State of Ohio of Compliance with Court Order (Attachments: # 1 Index of Exhibit B) (Holloway, J) (Entered: 04/09/2010)	April 9, 2010	April 9, 2010
38	Unopposed MOTION for Order to Permit Defendants to Manually File Exhibit B by Defendants Larry Gongwer, Chris Money, Katie Needham, Fred Nelson, Dion Norman, Ohio Department of Youth Services, Beth Oprisch, Thomas Stickrath, Ted Strickland, Marci Sutherland, Thomas Teague, The State of Ohio. (Holloway, J) (Entered: 04/09/2010)	April 9, 2010	April 9, 2010
39	ORDER granting 38 Motion for Order for Leave to File Documents Manually. Signed by Judge Algenon L. Marbley on 04/12/2010. (cw) (Entered: 04/12/2010)	April 12, 2010	April 12, 2010
40	NOTICE by Defendants Larry Gongwer, Chris Money, Katie Needham, Fred Nelson, Dion Norman, Ohio Department of Youth Services, Beth Oprisch, Thomas Stickrath, Ted Strickland, Marci Sutherland, Thomas Teague, The State of Ohio re 37 Notice (Other), Notice (Other) of Manually Filing Exhibit B to Notice of Compliance with Court Order (Doc. 37) (Holloway, J) (Entered: 04/13/2010)	April 13, 2010	April 13, 2010
	***Manual Filing of Exhibit B, in CD format, re 172 Notice of Compliance with Court Order has been filed with the Clerk's Office. (er1) Modified on 4/14/2010 to clarify text (kk2). (Entered: 04/13/2010)	April 13, 2010	April 13, 2010

Case: United States v. Strickland

2:08-cv-00475 | U.S. District Court for the Southern District of Ohio

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