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

Clearinghouse coding complete

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…

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 (Clearinghouse code: JI-OH-0004), 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.

Summary Authors

Kenneth Gray (6/28/2013)

Megan Richardson (6/15/2014)

Sarah McDonald (8/5/2018)

Related Cases

S.H. v. Stickrath, Southern District of Ohio (2004)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4932820/parties/united-states-v-strickland/


Judge(s)

Abel, Mark R. (Ohio)

Marbley, Algenon L. (Ohio)

Smith, Jonathan Mark (District of Columbia)

Attorneys(s) for Plaintiff

Becker, Grace Chung (District of Columbia)

Brown Cutlar, Shanetta Y. (District of Columbia)

Coe, Cynthia (District of Columbia)

Cordray, Richard (Ohio)

Cuncannan, Jacqueline (District of Columbia)

D'Alessandro, Mark Thomas (Ohio)

Dettlebach, Steven M. (Ohio)

Judge(s)

Abel, Mark R. (Ohio)

Marbley, Algenon L. (Ohio)

Smith, Jonathan Mark (District of Columbia)

Attorneys(s) for Plaintiff

Becker, Grace Chung (District of Columbia)

Brown Cutlar, Shanetta Y. (District of Columbia)

Coe, Cynthia (District of Columbia)

Cordray, Richard (Ohio)

Cuncannan, Jacqueline (District of Columbia)

D'Alessandro, Mark Thomas (Ohio)

Dettlebach, Steven M. (Ohio)

Dominguez, Silvia Judith (District of Columbia)

Dominguez-Reese, Silvia J. (District of Columbia)

Gonzalez, Gregory (District of Columbia)

Grigsby, Stacey Kamya (District of Columbia)

Herman, Vincent P. (District of Columbia)

Heyer, Michelle L (Ohio)

Hill, Eve L. (District of Columbia)

Lockhart, Gregory G. (Ohio)

Ogletree, Rashida J (District of Columbia)

Perez, Thomas E. (District of Columbia)

Preston, Judith (Judy) C. (District of Columbia)

Samuels, Jocelyn (District of Columbia)

Sanders, Deborah (Ohio)

Shandell, Alexandra L. (District of Columbia)

Stark, John J. (Ohio)

Stewart, Carter M. (Ohio)

Tandy, Kimberly Brooks (Kentucky)

Tayloe, Benjamin O. (District of Columbia)

Attorneys(s) for Defendant

Anger, Thomas (Ohio)

Calhoun, Dustin J (Ohio)

Cholar, Richard Thomas Jr. (Ohio)

Fuller, Jason Michael (Ohio)

Goldstein, Judith B. (Ohio)

Holloway, James Eric (Ohio)

Reed, Erin C (Ohio)

Rogers, Nancy H. (Ohio)

Worly, Mindy Ann (Ohio)

Other Attorney(s)

Kim, Wan J. (District of Columbia)

Expert/Monitor/Master

Dedel, Kelly (Oregon)

Gerhardstein, Alphonse A. (Ohio)

Glindmeyer, Daphne Dr. (Oregon)

Harrell, Will (Texas)

Schuster, Terry (District of Columbia)

Staples-Horne, Michelle Dr. (Oregon)

Weisman, Andrea (Texas)

Documents in the Clearinghouse

Document

Docket [PACER]

Dec. 9, 2015 Docket
74-3

Findings Letter: Investigation of Scioto Juvenile Correctional Facility

U.S. v. Strickland

May 9, 2007 Findings Letter/Report

Findings Letter: Investigation of the Marion Juvenile Correctional Facility

U.S. v. Strickland

No Court

May 9, 2007 Findings Letter/Report
2

Complaint

The United States of America v. State of Ohio

May 16, 2008 Complaint
6

Joint Motion and [Proposed] Order for Entry of Stipulation and For Conditional Dismissal of Complaint

U.S. v. Ohio

June 5, 2008 Settlement Agreement
6

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 Order/Opinion
8

Stipulation for Injunctive Relief

United States of America v. The State of Ohio

June 24, 2008 Order/Opinion
23

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 Order/Opinion
30

Order

United States of America v. The State of Ohio

Feb. 26, 2010 Order/Opinion
42

Order

United States of America v. The State of Ohio

2010 WL 2246330

June 4, 2010 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4932820/united-states-v-strickland/

Last updated May 12, 2022

ECF Number Description Date Link
1

Civil Cover Sheet (sr) (Entered: 05/16/2008)

May 16, 2008
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 RECAP
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
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
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
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
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
8

STIPULATION FOR INJUNCTIVE RELIEF. Signed by Algenon L. Marbley on 6/24/2008. (cw, ) (Entered: 06/24/2008)

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
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
11

MOTION to Clarify Stipulation by Plaintiff The United States of America. (Tayloe, Benjamin) (Entered: 06/09/2009)

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
13

NOTICE of Appearance by Vincent Herman Plaintiff The United States of America (Herman, Vincent) (Entered: 06/16/2009)

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
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
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
17

NOTICE OF WITHDRAWAL OF DOCUMENT 16 filed by Monitor Fred Cohen. (pes1) (Entered: 10/02/2009)

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
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
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
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
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
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
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
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
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
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
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
31

ORDER. Signed by Judge Algenon L. Marbley on 2/26/2010. (Attachments: # 1 Attachment 1) (cw) (Entered: 02/26/2010)

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
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
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
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
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
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
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
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
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

***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
41

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 Supplemental Compliance with Court Order (Attachments: # 1 Exhibit A, Ast Declaration, # 2 Exhibit B, Monitor Cohen Email) (Holloway, J) (Entered: 06/02/2010)

June 2, 2010
42

ORDER Setting a Show Cause Hearing for 7/1/2010 09:00 AM in Courtroom 1 − Columbus before Judge Algenon L. Marbley. Signed by Judge Algenon L. Marbley on 06/04/2010. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5) (cw) (Entered: 06/04/2010)

June 4, 2010
43

ORDER re: Show Cause. Signed by Judge Algenon L. Marbley on 06/14/2010. (cw) (Entered: 06/14/2010)

June 14, 2010
44

ORDER Setting Status Conference for 6/22/2010 @ 3:30 PM in Chambers before Judge Algenon L. Marbley. Signed by Judge Algenon L. Marbley on 06/17/2010. (cw) (Entered: 06/17/2010)

June 17, 2010
45

MOTION for Order to Grant Protective Order 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, Email of Parties' Agreement) (Holloway, J) (Entered: 06/24/2010)

June 24, 2010
46

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 43 Order of Compliance (Holloway, J) (Entered: 06/24/2010)

June 24, 2010
47

PROTECTIVE ORDER FOR THE PROTECTION OF CONFIDENTIAL INFORMATION, granting 45 Motion for Order to Grant Protective Order. Signed by Judge Algenon L. Marbley on 06/24/2010. (cw) (Entered: 06/24/2010)

June 24, 2010
48

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 43 Order of Delivery of Documents for In Camera Review (Holloway, J) (Entered: 06/25/2010)

June 25, 2010
49

Order. Internal documents regarding meal refusal policy, due by June 24, 2010. Rescheduling the hearing on the Order to show cause for 7/14/2010 at 9:00 a.m. before the Honorable Algenon L. Marbley, Courtroom 1. Opening briefs due by 7/2/2010 and memoranda contra due by 7/9/2010. (Attachments: # 1 Attachment 1) (cw) (Entered: 06/29/2010)

June 29, 2010
50

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 Pre−Hearing Brief Regarding Show Cause Hearing (Holloway, J) (Entered: 07/01/2010)

July 1, 2010
51

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 Notice of Supplemental Compliance with the Courts February 26, 2010 Order (Attachments: # 1 Exhibit A, Slagle Declaration, # 2 Exhibit B, Ast Declaration) (Holloway, J) (Entered: 07/12/2010)

July 12, 2010
52

Response to Plaintiffs Pre−Hearing Brief; Plaintiffs' Motion to File Instanter and Plaintiffs' Motion for Extension to Respond to Monitor's Report 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: 07/12/2010)

July 12, 2010
53

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 First Supplement to Notice of Delivery of Documents for In Camera Review (Holloway, J) (Entered: 07/12/2010)

July 12, 2010
55

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 Supplement to Pre−Hearing Brief Regarding Show Cause Hearing (Attachments: # 1 Exhibit A, Baker Declaration, # 2 Exhibit B, Daniels Declaration, # 3 Exhibit C, Darnell Declaration, # 4 Exhibit D, French and Clay Declarations, # 5 Exhibit E,Randle Declaration) (Holloway, J) (Entered: 07/12/2010)

July 12, 2010
56

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 Second Notice of Supplemental Compliance with the Courts Order (Attachments: # 1 Exhibit A, Slagle Declaration) (Holloway, J) (Entered: 07/13/2010)

July 13, 2010
57

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 Second Supplement to Pre−Hearing Brief Regarding Show Cause Hearing (Holloway, J) (Entered: 07/13/2010)

July 13, 2010
58

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 Objections to the Show Cause Hearing (Holloway, J) (Entered: 07/13/2010)

July 13, 2010
59

ORDER Parties are to submit the new policy by 7/30/2010. Signed by Judge Algenon L. Marbley on 07/14/2010. (cw) (Entered: 07/16/2010)

July 16, 2010
60

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 the Courts July 16, 2010, Order (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, Policy, # 3 Exhibit B, Training Material) (Holloway, J) (Entered: 07/30/2010)

July 30, 2010
61

NOTICE by Plaintiff The United States of America First Compliance Report (Attachments: # 1 Compliance Report) (Dominguez, Silvia) (Entered: 09/20/2010)

Sept. 20, 2010
62

NOTICE by Plaintiff The United States of America re 61 Notice (Other) Expert Reports (Attachments: # 1 Supplement) (Dominguez, Silvia) (Entered: 09/21/2010)

Sept. 21, 2010
63

NOTICE of Appearance by Erin C Reed for 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 (Reed, Erin) (Entered: 10/12/2010)

Oct. 12, 2010
64

NOTICE of Appearance by Rashida Jamila Ogletree for Plaintiff The United States of America (Ogletree, Rashida) (Entered: 10/21/2010)

Oct. 21, 2010
65

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 (Reed, Erin) (Entered: 11/22/2010)

Nov. 22, 2010
66

First MOTION for Hearing Status Conference by Plaintiff The United States of America. (Dominguez, Silvia) (Entered: 01/10/2011)

Jan. 10, 2011
67

MOTION to Withdraw 66 First MOTION for Hearing Status Conference by Plaintiff The United States of America. (Dominguez, Silvia) (Entered: 01/11/2011)

Jan. 11, 2011
68

Mail Returned as Undeliverable. Mail (Doc. 59 Order) sent to Stacy K Grigsby on 7/16/2010. (Attachments: # 1 contents) (kjm1) (Entered: 01/14/2011)

Jan. 13, 2011
69

MOTION to Withdraw as Attorney by Plaintiff The United States of America. (Herman, Vincent) (Entered: 01/21/2011)

Jan. 21, 2011
71

ORDER finding as moot 66 Motion for Hearing; granting 67 Motion to Withdraw. Signed by Judge Algenon L. Marbley on 2/2/2011. (cw) (Entered: 02/02/2011)

Feb. 2, 2011
72

NOTICE by Plaintiff The United States of America Second Compliance Report (Attachments: # 1 Compliance Report, # 2 Expert Report, # 3 Expert Report, # 4 Expert Report, # 5 Investigation Report) (Dominguez, Silvia) (Entered: 02/08/2011)

Feb. 8, 2011
73

NOTICE of Appearance by Jason Michael Fuller for 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 (Fuller, Jason) (Entered: 02/10/2011)

Feb. 10, 2011
74

NOTICE by Plaintiff The United States of America re 72 Notice (Other) Addendum to Second Compliance Report (Attachments: # 1 Compliance Report, # 2 Expert Report, # 3 2007 Findings Letter) (Ogletree, Rashida) (Entered: 02/16/2011)

Feb. 16, 2011
75

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 74 Notice (Other), 72 Notice (Other) Objections to the Second Compliance Report (Fuller, Jason) (Entered: 04/06/2011)

April 6, 2011
76

Sealed Transcript. Excerpt of Sealed Show Cause Proceedings held on 7/14/2010 before Judge Algenon L. Marbley. (Court Reporter S. Evans) (pes1) (Entered: 04/27/2011)

April 27, 2011
77

Transcript of Show Cause Proceedings held on July 14, 2010 before Judge Algenon L 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 5/18/2011. Redacted Transcript Deadline set for 5/31/2011. Release of Transcript Restriction set for 7/26/2011. (kk2) (Entered: 04/27/2011)

April 27, 2011
78

Transcript of Show Cause Proceedings held on July 15, 2010 before Judge Algenon L 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 5/18/2011. Redacted Transcript Deadline set for 5/31/2011. Release of Transcript Restriction set for 7/26/2011. (kk2) (Entered: 04/27/2011)

April 27, 2011
79

NOTICE by Plaintiff The United States of America Third Compliance Report (Attachments: # 1 Supplement Compliance Report, # 2 Supplement PFH Expert Report, # 3 Supplement Spec Educ Expert Report, # 4 Supplement Mental Hlth Expert Report, # 5 Supplement Medical Expert Report) (Dominguez, Silvia) (Entered: 05/09/2011)

May 9, 2011
80

Joint MOTION to Amend/Correct 8 Stipulation and Order by Plaintiff The United States of America. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order) (Dominguez, Silvia) (Entered: 05/20/2011)

May 20, 2011
81

ORDER AMENDING CERTAIN PROVISIONS OF STIUPLATION; granting 80 Motion to Amend/Correct. Signed by Judge Algenon L. Marbley on 06/6/2011. (cw) (Entered: 06/06/2011)

June 6, 2011
82

Joint MOTION for Extension of Time to File New date requested 6/20/2011. TO FILE AMENDED STIPULATION 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: 06/17/2011)

June 17, 2011
83

ORDER granting 82 Motion for Extension of Time to File amended stipulation. Signed by Magistrate Judge Mark R. Abel on 06/20/2011. (sr) (Entered: 06/20/2011)

June 20, 2011
84

NOTICE by Plaintiff The United States of America re 83 Order on Motion for Extension of Time to File, 81 Order on Motion to Amend/Correct Joint Notice of Amended Stipulation for Injunctive Relief (Attachments: # 1 Text of Proposed Order Amended Stipulation for Injunctive Relief) (Dominguez, Silvia) (Entered: 06/20/2011)

June 20, 2011
85

AMENDED STIPULATION FOR INJUNCTIVE RELIEF. Signed by Judge Algenon L. Marbley on 06/28/2011. (cw) (Entered: 06/28/2011)

June 28, 2011
86

Unopposed MOTION for Protective Order 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 Proposed Protective Order) (Holloway, J) (Entered: 08/25/2011)

Aug. 25, 2011
87

PROTECTIVE ORDER. Signed by Judge Algenon L. Marbley on 8/26/2011. (pes1) (Entered: 08/26/2011)

Aug. 26, 2011
88

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 Amended Certificate of Service to Motion (Doc. 86) (Fuller, Jason) (Entered: 09/01/2011)

Sept. 1, 2011

Minute Entry for proceedings held before Magistrate Judge Mark R. Abel: Telephone Conference held on 10/26/2011. (Rubey, Rachel) (Entered: 11/03/2011)

Oct. 26, 2011
89

Unopposed MOTION for Protective Order by Defendant Ohio Department of Youth Services. (Cholar, Richard) (Entered: 10/27/2011)

Oct. 27, 2011
90

ORDER granting 89 Motion for Protective Order. Signed by Judge Algenon L. Marbley on 11/2/2011. (cw) (Entered: 11/02/2011)

Nov. 2, 2011
91

MOTION to Authorize Exchange of Information by Plaintiff The United States of America. (Attachments: # 1 Exhibit Memorandum of Understanding) (Ogletree, Rashida) (Entered: 01/25/2012)

Jan. 25, 2012
92

NOTICE by Defendant The State of Ohio of Substitution of Counsel (Worly, Mindy) (Entered: 01/26/2012)

Jan. 26, 2012
93

Monitor's First Report on the Amended Stipulation dated 6/282011 by Lead Monitor Kelly Dedel, Ph.D. (pes1) (Entered: 02/06/2012)

Feb. 6, 2012
94

ORDER re 91 MOTION to Authorize Exchange of Information filed by The United States of America, Responses due by 2/21/2012; replies due by 2/28/2012. Signed by Judge Algenon L. Marbley on 2/7/2012. (cw) (Entered: 02/07/2012)

Feb. 7, 2012
95

ORDER re 93 Notice (Other) filed by Kelly Dedel, Ph.D., objections due by by 3/8/2012; responses due by 3/22/2012. Signed by Judge Algenon L. Marbley on 2/7/2012. (cw) (Entered: 02/07/2012)

Feb. 7, 2012
97

REPLY to Response to Motion re 91 MOTION to Authorize Exchange of Information filed by Plaintiff The United States of America. (Dominguez, Silvia) (Entered: 02/28/2012)

Feb. 28, 2012
98

Objection re 93 Notice (Other) Monitor's First Report by Defendant The State of Ohio. (Worly, Mindy) (Entered: 03/08/2012)

March 8, 2012
99

Objection re 93 Notice (Other) Monitor's First Report by Plaintiff The United States of America. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F) (Ogletree, Rashida) (Entered: 03/08/2012)

March 8, 2012
100

NOTICE of Appearance by Dustin J Calhoun for 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 (Calhoun, Dustin) (Entered: 03/09/2012)

March 9, 2012
101

Response re 99 Objection (non motion), to the Monitor's First Report (Doc. 93) by Defendant The State of Ohio. (Worly, Mindy) (Entered: 03/22/2012)

March 22, 2012
102

NOTICE OF WITHDRAWAL OF DOCUMENT by Defendant The State of Ohio (Attachments: # 1 Memorandum of Understanding) (Worly, Mindy) (Entered: 04/18/2012)

April 18, 2012
103

NOTICE of Appearance by Jacqueline K Cuncannan for Plaintiff The United States of America (Cuncannan, Jacqueline) (Entered: 04/25/2012)

April 25, 2012

State / Territory: Ohio

Case Type(s):

Juvenile Institution

Key Dates

Filing Date: May 16, 2008

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The Attorney General on behalf of the United States

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Ohio, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Indv. w/ Disab. Educ. Act (IDEA), Educ. of All Handcpd. Children Act , 20 U.S.C. § 1400

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

34 U.S.C. § 12601 (previously 42 U.S.C. § 14141)

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2008 - 2015

Content of Injunction:

Hire

Implement complaint/dispute resolution process

Reporting

Monitor/Master

Recordkeeping

Monitoring

Issues

General:

Assault/abuse by residents/inmates/students

Assault/abuse by staff

Conditions of confinement

Confinement/isolation

Excessive force

Failure to discipline

Failure to supervise

Failure to train

Grievance Procedures

Incident/accident reporting & investigations

Individualized planning

Juveniles

Recreation / Exercise

Rehabilitation

Restraints : physical

Special education

Staff (number, training, qualifications, wages)

Suicide prevention

Medical/Mental Health:

Intellectual/Developmental Disability

Medical care, general

Mental health care, general

Type of Facility:

Government-run