Case: Montrey v. Commonwealth of Virginia, Virginia Department of Corrections

3:07-cv-00476 | U.S. District Court for the Eastern District of Virginia

Filed Date: Aug. 13, 2007

Closed Date: 2008

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Case Summary

On August 13, 2007, nine female prisoners at the Pocahontas State Correctional Center in Virginia filed this lawsuit against the Virginia Department of Corrections (VDOC), the superintendent, the chief security officer, and several guards. The plaintiffs filed their complaint under 42 U.S.C. § 1983 for violations of their Fourth, Fifth, Eighth and Fourteenth Amendments. The plaintiffs asserted in their complaint that they were sexually harassed, assaulted and threatened with retaliation by prison officials. One plaintiff was impregnated by one of the guards during her incarceration. The plaintiffs claimed that the sexual assaults violated their protections against cruel and unusual punishment by invading their bodily integrity, using excessive force, inflicting emotional and physical pain, and risking the spread of disease.

The plaintiffs claimed that the superintendent and chief security officer were aware of the sexual abuse occurring in the prison and did nothing to stop it. They alleged that prisoners’ privileges were revoked when they refused sexual advances and were transferred to other facilities resulting in lost wages, loss of good time allowances. The plaintiffs’ cases were consolidated on January 29, 2008.

The plaintiffs sought general and punitive damages of ten million dollars and were represented by private counsel. The case was heard by Judge Robert E. Payne.

On October 29, 2007, the pro se defendant responsible for impregnating one of the prisoners confessed judgment in his official capacity only, admitting liability for ten million dollars. The VDOC objected. Judge Payne had already dismissed the case against the VDOC because of their state sovereign immunity from suits brought against them in federal court and because the VDOC was not a “person” for the purposes of 42 U.S.C. § 1983. The plaintiff then dismissed her complaint against the defendant who impregnated her on January 17, 2008.

The plaintiffs filed several amended complaints, and the defense moved to dismiss each one unsuccessfully. The plaintiffs moved for default judgment against several of the defendants, but the order was denied as moot for failure to prosecute because the plaintiffs missed the hearings on the motion and never rescheduled.

A settlement conference was held on April 14, 2008 and a tentative settlement was reached. Throughout May and July of 2008 the settlement was approved and the case was dismissed on August 15, 2008. The terms of the settlement were confidential, except one plaintiff appealed to the judge for assistance with her attorney. The attorney guaranteed her a payment of $2,500 on the record.

Summary Authors

Amanda Kenner (2/4/2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/41147158/parties/montrey-v-commonwealth-of-virginia-virginia-department-of-corrections/

Judge(s)

Attorney for Plaintiff

Brown, Bobby G. Jr. (Virginia)

D'Lutz, Tara (Virginia)

Attorney for Defendant

Bromfield, Coreen Antoinette (Virginia)

Davis, Mark Ralph (Virginia)

Gibney, John Adrian Jr. (Virginia)

Judge(s)

Payne, Robert E. (Virginia)

Attorney for Plaintiff

Brown, Bobby G. Jr. (Virginia)

D'Lutz, Tara (Virginia)

Montrey, Sheron (Virginia)

Shields, William G (Virginia)

Attorney for Defendant

Bromfield, Coreen Antoinette (Virginia)

Davis, Mark Ralph (Virginia)

Gibney, John Adrian Jr. (Virginia)

McNelis, Edward J. III (Virginia)

Muldowney, Elizabeth Martin (Virginia)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

3:07-cv-00476	Docket [PACER]	June 18, 2008	June 18, 2008 Docket
1 3:07-cv-00478	Complaint	Aug. 13, 2007	Aug. 13, 2007 Complaint
63 3:07-cv-00476	Stipulation of Voluntary Dismissal Montrey v. Estep	Jan. 17, 2008	Jan. 17, 2008 Pleading / Motion / Brief
90 3:07-cv-00476	Order	Feb. 7, 2008	Feb. 7, 2008 Order/Opinion
111 3:07-cv-00545	Third Amended Complaint Montrey v. Estep	March 14, 2008	March 14, 2008 Complaint

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/41147158/montrey-v-commonwealth-of-virginia-virginia-department-of-corrections/

Last updated Oct. 7, 2026, 12:45 a.m.

Docket for: Montrey v. Commonwealth of Virginia, Virginia Department of Corrections

ECF Number	Date	Description	Link
1	Aug. 13, 2007	COMPLAINT against all defendants ( Filing fee $ 350 receipt number 1615.), filed by Sheron Montrey. (Attachments: # 1 Civil Cover Sheet # 2 Receipt)(kyou, ) (Entered: 08/13/2007)	RECAP
	Aug. 13, 2007	DEMAND for Trial by Jury by Sheron Montrey. (tdai, ) (Entered: 08/14/2007)	PACER
	Aug. 13, 2007	DEMAND for Trial by Jury by Sheron Montrey. (tdai, )
2	Aug. 14, 2007	Summons Issued as to Bobby G. Brown, Jr, Commonwealth of Virginia - Virginia Department of Corrections, Tammy Estep, Marilyn Hill. Two people are being served on behalf of the Department of Corrections - Robert F. McDonnell & Don W. LeMond. Service of process being picked up by Plaintiff's Attorney Law Office. (tdai, ) (Entered: 08/14/2007)	RECAP
3	Aug. 30, 2007	SUMMONS Returned Executed: Commonwealth of Virginia, Virginia Department of Corrections served on 8/27/2007 on Robert F. McDonnell Attorney General, answer due 9/17/2007 (lsal) (Entered: 08/30/2007)	RECAP
4	Sept. 6, 2007	SUMMONS Returned Executed Tammy Estep served on 9/4/2007, answer due 9/24/2007 (kyou, ) (Entered: 09/06/2007)	RECAP
5	Sept. 12, 2007	SUMMONS Returned Executed Commonwealth of Virginia, Virginia Department of Corrections (Don M. LeMond)served on 9/5/2007, answer due 9/25/2007 (kyou, ) (Entered: 09/12/2007)	RECAP
6	Sept. 17, 2007	MOTION to Dismiss by Commonwealth of Virginia, Virginia Department of Corrections. (Davis, Mark) (Entered: 09/17/2007)	RECAP
7	Sept. 17, 2007	Brief in Support to 6 MOTION to Dismiss filed by Commonwealth of Virginia, Virginia Department of Corrections. (Davis, Mark) (Entered: 09/17/2007)	RECAP
8	Sept. 18, 2007	ANSWER to Complaint by Tammy Estep, Marilyn Hill.(Davis, Mark) (Entered: 09/18/2007)	RECAP
9	Sept. 18, 2007	MOTION for Extension of Time to File Response to complaint by Bobby G. Brown, Jr. (lsal) (Entered: 09/18/2007)	RECAP
10	Sept. 19, 2007	CERTIFICATE of Service re 7 Brief in Support, 8 Answer to Complaint, 6 MOTION to Dismiss by Mark Ralph Davis on behalf of Commonwealth of Virginia, Virginia Department of Corrections, Tammy Estep, Marilyn Hill (Davis, Mark) (Entered: 09/19/2007)	RECAP
12	Sept. 24, 2007	Letter. (kyou, ) Additional attachment(s) added on 9/28/2007 (jtho, ). (Entered: 09/26/2007)	RECAP
11	Sept. 26, 2007	ORDER that the defendant, Bobby G. Brown, Jr. shall file his Answer by October 4, 2007. Signed by Judge Robert E. Payne on 9/25/07. (kyou, ) (Entered: 09/26/2007)	RECAP
13	Sept. 28, 2007	RESPONSE to 6 MOTION to Dismiss defendants Commonwealth of Virginia and Department of Corrections, Central Virginia Correctional Unit #13 fka Pocahontas State Correctional Center filed by Sheron Montrey. (lsal) (Entered: 10/01/2007)	RECAP
14	Oct. 1, 2007	MOTION to Dismiss by Bobby G. Brown, Jr. (kyou, ) (Entered: 10/01/2007)	RECAP
15	Oct. 1, 2007	ANSWER to Complaint by Bobby G. Brown, Jr.(kyou, ) (Entered: 10/01/2007)	RECAP
16	Oct. 2, 2007	ORDER granting 6 Motion to Dismiss defendants Commonwealth of Virginia Department of Corrections Central Virginia Correctional Unit #13 fka Pocahontas State Correctional Center; Signed by Judge Robert E. Payne on 10/01/07. (lsal) (Entered: 10/02/2007)	RECAP
17	Oct. 12, 2007	RESPONSE to Motion re 14 MOTION to Dismiss filed by defendant Brown filed by Sheron Montrey. (Shields, William) (Entered: 10/12/2007)	RECAP
	Oct. 15, 2007	Notice of Correction re 17 Response to Motion. Filing User notified to re−file with proper signature block, no cover letter and indicate that a memorandum is included (kyou, ) (Entered: 10/15/2007)	PACER
	Oct. 15, 2007	Notice of Correction re 17 Response to Motion. Filing User notified to re-file with proper signature block, no cover letter and indicate that a memorandum is included (kyou, )
18	Oct. 16, 2007	RESPONSE to Motion re 14 MOTION to Dismiss and Memorandum in Support filed by Sheron Montrey;(sketch order attached) (Shields, William) Modified on 10/17/2007 to correct docket text(kyou, ). (Entered: 10/16/2007)	RECAP
19	Oct. 23, 2007	First MOTION to Amend/Correct Complaint and Memorandum in Support by Sheron Montrey. (Shields, William) Modified on 10/23/2007 to correct docket text (kyou, ). (Entered: 10/23/2007)	RECAP
	Oct. 23, 2007	Notice of Correction re 19 First MOTION to Amend/Correct Complaint. Memorandum in Support also included in attachment (kyou, ) (Entered: 10/23/2007)	PACER
	Oct. 23, 2007	Notice of Correction re 19 First MOTION to Amend/Correct Complaint. Memorandum in Support also included in attachment (kyou, )
20	Oct. 25, 2007	ORDER granting 19 Motion for Leave to File Amended Complaint; ORDERED that plaintiff shall file her Amended complaint by October 26, 2007; Signed by Judge Robert E. Payne on 10/24/07. (lsal) (Copies distributed) (Entered: 10/25/2007)	RECAP
21	Oct. 25, 2007	AMENDED COMPLAINT against all defendants, filed by Sheron Montrey.(Shields, William) (Entered: 10/25/2007)	RECAP
22	Oct. 25, 2007	MOTION to Substitute Attorney by Tammy Estep. (Attachments: # 1 Proposed Order)(McNelis, Edward) (Entered: 10/25/2007)	RECAP
23	Oct. 29, 2007	Joint Motion and Memorandum to Confess Judgment filed by Sheron Montrey. (Shields, William) Modified on 10/31/2007 to correct text(kyou, ). (Entered: 10/29/2007)	RECAP
	Oct. 31, 2007	Notice of Correction re 23 MOTION for Judgment on the Pleadings; Text changed from Memorandum in Support (kyou, ) (Entered: 10/31/2007)	PACER
	Oct. 31, 2007	Notice of Correction re 23 MOTION for Judgment on the Pleadings; Text changed from Memorandum in Support (kyou, )
24	Nov. 6, 2007	Second MOTION and Memorandum in Support to Amend/Correct Complaint by Sheron Montrey. (Attachments: # 1 Exhibit 2nd Amended Complaint# 2 Exhibit Affidavit of Bobby G. Brown, Jr.)(Shields, William) Modified on 11/6/2007 to correct docket text(kyou, ). (Entered: 11/06/2007)	RECAP
25	Nov. 6, 2007	MOTION to Substitute Attorney by Marilyn Hill. (Gibney, John) (Entered: 11/06/2007)	RECAP
26	Nov. 6, 2007	MOTION to Substitute Attorney Memorandum in support of motion by Marilyn Hill. (Attachments: # 1 Proposed Order allowing substitution of counsel)(Gibney, John) (Entered: 11/06/2007)	RECAP
27	Nov. 8, 2007	ORDER granting 25 Motion to Substitute Attorney. Added attorney John Adrian Gibney, Jr for Marilyn Hill. Attorney Mark Ralph Davis terminated. Signed by Judge Robert E. Payne on 11/8/07. (kyou, ) (Entered: 11/08/2007)	RECAP
28	Nov. 9, 2007	MOTION Requesting Clarification Of The Court's October 1, 2007, Dismissal Order, Or Alternatively, Response And Objection To Motion To Confess Judgment by Commonwealth of Virginia, Virginia Department of Corrections. (Davis, Mark) (Entered: 11/09/2007)	RECAP
29	Nov. 9, 2007	RESPONSE to Motion re 6 MOTION to Dismiss Motion Requesting Clarification Of The Court's October 1, 2007, Dismissal Order, Or Alternatively, Response And Objection To Motion to Confess Judgment filed by Commonwealth of Virginia, Virginia Department of Corrections. (Davis, Mark) (Entered: 11/09/2007)	RECAP
30	Nov. 9, 2007	Brief in Support to 29 Response to Motion, 28 MOTION Requesting Clarification Of The Court's October 1, 2007, Dismissal Order, Or Alternatively, Response And Objection To Motion To Confess Judgment filed by Commonwealth of Virginia, Virginia Department of Corrections. (Davis, Mark) (Entered: 11/09/2007)	RECAP
31	Nov. 9, 2007	ORDER denying 24 Motion to Amend Complaint and the proffered Second Amended Complaint may not be filed; however, if plaintiff desires to file a Second Amended Complaint, she may do so by November 19, 2007, provided, however, that counsel for the plaintiff shall carefully the new Second Amended Complaint before filing it; Counsel for the Plaintiff is admonished that the pleadings filed to date reflect an absence of careful review of applicable law governing the filing of cases against state employees, state officials and state entities and, therefore counsel for plaintiff is admonished to review the applicable law before preparing a new Second Amended Complaint (see order for further details). Signed by Judge Robert E. Payne on 11/9/07. (kyou, ) (Entered: 11/09/2007)	RECAP
32	Nov. 14, 2007	ORDER GRANTING 22 Motion to Substitute Attorney. Added attorney Edward Joseph McNelis, III and Elizabeth Martin Muldowney for Tammy Estep; Mark R. Davis terminated as counsel for Estep. Signed by Judge Robert E. Payne on 11/13/07. (wtuc) (Entered: 11/14/2007)	RECAP
33	Nov. 19, 2007	Second MOTION for Leave to File Motion to Withdraw official capacity suits by Sheron Montrey. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit)(Shields, William) (Entered: 11/19/2007)	RECAP
	Nov. 20, 2007	Notice of Correction re 33 Second MOTION for Leave to File Motion to Withdraw official capacity suits. The filing user has been notified to refile the document to correct errors. (kyou, ) (Entered: 11/20/2007)	PACER
	Nov. 20, 2007	Notice of Correction re 33 Second MOTION for Leave to File Motion to Withdraw official capacity suits. The filing user has been notified to refile the document to correct errors. (kyou, )
34	Nov. 26, 2007	First MOTION for Leave to File to File 2nd Amended Complaint by Sheron Montrey. (Attachments: # 1 Second Amended Complaint)(Shields, William) (Entered: 11/26/2007)	RECAP
35	Nov. 26, 2007	Memorandum in Support re 34 First MOTION for Leave to File to File 2nd Amended Complaint filed by Sheron Montrey. (Attachments: # 1 Motion for Leave to File Second Amended Complaint)(Shields, William) (Entered: 11/26/2007)	RECAP
36	Nov. 26, 2007	Memorandum in Support re 33 Second MOTION for Leave to File Motion to Withdraw official capacity suits filed by Sheron Montrey. (Attachments: # 1 Plaintiff's Motion to Withdraw Official Capacity Suits)(Shields, William) (Entered: 11/26/2007)	RECAP
37	Nov. 29, 2007	MOTION to Dismiss Second Amended Complaint by Marilyn Hill. (Gibney, John) (Entered: 11/29/2007)	RECAP
38	Nov. 29, 2007	Brief in Support of Motion to Dismiss Second Amended Complaint filed by Marilyn Hill. (Gibney, John) (Entered: 11/29/2007)	RECAP
39	Nov. 29, 2007	CERTIFICATE of Service re 37 MOTION to Dismiss Second Amended Complaint by John Adrian Gibney, Jr on behalf of Marilyn Hill (Gibney, John) (Entered: 11/29/2007)	RECAP
40	Nov. 30, 2007	AMENDED COMPLAINT Second against all defendants, filed by Sheron Montrey. (Attachments: # 1 Affidavit of Bobby G. Brown, Jr.)(Shields, William) (Entered: 11/30/2007)	RECAP
41	Nov. 30, 2007	ORDER denying 33 Second MOTION for Leave to File Motion to Withdraw official capacity suits ; denying 34 First MOTION for Leave to File Second Amended Complaint without prejudice to the filing of an Amended Complaint, after plaintiff's counsel has satisfied all of the requirements of the Order dated November 9, 2007, and, in such complaint, the plaintiff shall delete all official capacity suits or claims if the plaintiff is so advised. It is further ORDERED that the plaintiff shall file her Amended Complaint by December 14, 2007; Counsel for the plaintiff is ADMONISHED carefully to review all subsequently filed Court Orders and to comply with them and to comply with the requirements of the FRCP, including the electronic filing requirements of this Court. Plaintiff's counsel is ADMONISHED that failure to satisfy these requirements could lead to the imposition of sanctions or other adverse actions. It is also ORDERED that 37 Motion to Dismiss Second Amended Complaint, is denied without prejudice to the filing of such a motion as are appropriate upon the proper filing of an appropriate Amended Complaint. Signed by Judge Robert E. Payne on 11/30/07. (kyou, ) (Entered: 11/30/2007)	RECAP
42	Dec. 3, 2007	AMENDED COMPLAINT Second against all defendants, filed by Sheron Montrey. (Attachments: # 1 Affidavit of Bobby G. Brown, Jr.)(Shields, William) (Entered: 12/03/2007)	RECAP
43	Dec. 3, 2007	MOTION to Dismiss 42 second amended complaint (renewed) by Marilyn Hill. (Gibney, John) (Entered: 12/03/2007)	RECAP
44	Dec. 3, 2007	Brief in Support of 43 Renewed Motion to Dismiss Second Amended Complaint filed by Marilyn Hill. (Gibney, John) (Entered: 12/03/2007)	RECAP
	Dec. 3, 2007	Notice of Correction re 40 Amended Complaint. An incorrect document was filed. The filing user has been notified and will refile the document asap. (kyou, ) (Entered: 12/03/2007)	PACER
	Dec. 3, 2007	Notice of Correction re 40 Amended Complaint. An incorrect document was filed. The filing user has been notified and will refile the document asap. (kyou, )
45	Dec. 11, 2007	ANSWER to 42 Second Amended Complaint, with Jury Demand by Tammy Estep.(McNelis, Edward) (Entered: 12/11/2007)	RECAP
46	Dec. 11, 2007	MOTION to Dismiss 42 Second Amended Complaint by Tammy Estep. (McNelis, Edward) (Entered: 12/11/2007)	RECAP
47	Dec. 11, 2007	Memorandum in Support re 46 MOTION to Dismiss Second Amended Complaint filed by Tammy Estep. (McNelis, Edward) (Entered: 12/11/2007)	RECAP
48	Dec. 14, 2007	Memorandum of Law In Response to 43 MOTION to Dismiss second amended complaint (renewed) of Law In Response filed by Sheron Montrey. (Shields, William) (Entered: 12/14/2007)	RECAP
49	Dec. 19, 2007	RESPONSE in Opposition re 46 MOTION to Dismiss Second Amended Complaint filed by Sheron Montrey. (Shields, William) (Entered: 12/19/2007)	RECAP
50	Dec. 27, 2007	SEE DOC. 53: REFILED BECAUSE MOTION NOT ATTACHED. Motion for Extension of Time to File Response/Reply by Marilyn Hill. (Attachments: # 1 Proposed Order Sketch Order)(Gibney, John) Modified on 12/27/2007 (wtuc). (Entered: 12/27/2007)	RECAP
51	Dec. 27, 2007	Brief in Support of 53 Motion for Leave to File Reply Brief filed by Marilyn Hill. (Gibney, John) (Entered: 12/27/2007)	RECAP
53	Dec. 27, 2007	MOTION for Extension of Time to File Response/Reply Brief by Marilyn Hill. (Attachments: # 1 Proposed Order)(Gibney, John) Additional attachment(s) added on 1/3/2008 by Clerk's Office-Reply to Response to Motion-pending ruling of court (kyou, ). (Entered: 12/27/2007)	RECAP
54	Dec. 28, 2007	Reply to 49 Response in Opposition to Motion to Dismiss Second Amended Complaint filed by Tammy Estep. (Muldowney, Elizabeth) (Entered: 12/28/2007)	RECAP
55	Jan. 3, 2008	RESPONSE in Opposition 53 MOTION for Extension of Time to File Response/Reply Brief filed by Sheron Montrey. (Shields, William) Modified on 1/3/2008 to correct text (kyou, ). (Entered: 01/03/2008)	RECAP
	Jan. 3, 2008	Notice of Correction re: 52 Reply to Response to Motion. Document deleted, filed in error pending ruling of court on 53 Motion for Extension of Time. Clerk added 52 Reply to Response to Motion as an attachment to 53 Motion for Extension of Time (kyou, ) (Entered: 01/03/2008)	PACER
	Jan. 3, 2008	Notice of Correction re: 52 Reply to Response to Motion. Document deleted, filed in error pending ruling of court on 53 Motion for Extension of Time. Clerk added 52 Reply to Response to Motion as an attachment to 53 Motion for Extension of Time (kyou, )
56	Jan. 4, 2008	ORDER that, by January 8, 2008, the defendant shall file a memorandum explaining the reasons why an untimely reply was tendered and why it is appropriate for the Court to allow the filing thereof. Signed by Judge Robert E. Payne on 1/4/08. (kyou, ) (Entered: 01/04/2008)	RECAP
57	Jan. 6, 2008	Memorandum in Responseof January 4, 2008 to 56 Order in Responseof January 4, 2008 filed by Marilyn Hill. (Gibney, John) (Entered: 01/06/2008)	RECAP
58	Jan. 8, 2008	Response to 57 Memorandum in Support of Motion to Extend Time filed by Sheron Montrey. (Shields, William) (Entered: 01/08/2008)	RECAP
59	Jan. 11, 2008	ORDER granting 53 Motion for Extension of Time to File Reply Brief; Marilyn Hill shall file her reply brief forthwith; further ORDERED that counsel for Marilyn Hill is ADMONISHED to pay attention to filing dates and other administerial aspects of docket management; Signed by Judge Robert E. Payne on 1/10/08. (lsal) (Copies distributed) (Entered: 01/11/2008)	RECAP
60	Jan. 11, 2008	REPLY to Response to Motion re 43 MOTION to Dismiss second amended complaint (renewed) filed by Marilyn Hill. (Gibney, John) (Entered: 01/11/2008)	RECAP
61	Jan. 17, 2008	ORDER entered by the Clerk at the direction of the Court Setting an Initial Pretrial Conference to be held at 4:15 p.m. on 1/24/2008.(sneal, ) (Entered: 01/17/2008)	RECAP
62	Jan. 17, 2008	SCHEDULING ORDER: Initial Pretrial Conference set for 1/24/2008 at 04:15 PM before District Judge Robert E. Payne.. Signed by Judge Robert E. Payne on 1/17/2008. (sneal, ) (Entered: 01/17/2008)	RECAP
63	Jan. 17, 2008	STIPULATION of Dismissal of Bobby G. Brown, Jr. by Sheron Montrey. (Shields, William) (Entered: 01/17/2008)	RECAP
64	Jan. 24, 2008	ORDER denying as moot 28 Motion Requesting Clarification Of The Court's October 1, 2007, Dismissal Order, Or Alternatively, Response And Objection To Motion To Confess Judgment; denying as moot 14 Motion to Dismiss; denying as moot 23 Joint Motion to Confess Judgment on the Pleadings. Signed by Judge Robert E. Payne on 1/23/08. (kyou, ) (Entered: 01/24/2008)	RECAP
	Jan. 24, 2008	for proceedings held before Judge Robert E. Payne : Initial Pretrial Conference held on 1/24/2008. Court time: 50 mins. (sneal, ) (Entered: 01/24/2008)	PACER
	Jan. 24, 2008	for proceedings held before Judge Robert E. Payne : Initial Pretrial Conference held on 1/24/2008. Court time: 50 mins. (sneal, )
65	Jan. 25, 2008	JURY PRETRIAL ORDER Setting a Jury Trial to be held at 9:30 a.m. on June 2, 2008; Final Pretrial Conference to be held at 1:30 p.m. on May 22, 2008.. Signed by Judge Robert E. Payne on 1/24/2008. (sneal, ) (Entered: 01/25/2008)	RECAP
	Jan. 25, 2008	Set Deadlines/Hearings: Final Pretrial Conference set for 5/22/2008 at 01:30 PM before District Judge Robert E. Payne. Jury Trial set for 6/2/2008 at 09:30 AM before District Judge Robert E. Payne. (sneal, ) (Entered: 01/25/2008)	PACER
	Jan. 25, 2008	Set/Reset Deadlines as to 46 MOTION to Dismiss Second Amended Complaint , 43 MOTION to Dismiss second amended complaint (renewed) . Motion Hearing set for 2/15/2008 at 09:30 AM before District Judge Robert E. Payne. (sneal, ) (Entered: 01/25/2008)	PACER
	Jan. 25, 2008	Set/Reset Deadlines as to Summary Judgment Motion Hearing set for 5/16/2008 at 01:30 PM before District Judge Robert E. Payne. (sneal, ) (Entered: 01/25/2008)	PACER
	Jan. 25, 2008	Set Deadlines/Hearings: Final Pretrial Conference set for 5/22/2008 at 01:30 PM before District Judge Robert E. Payne. Jury Trial set for 6/2/2008 at 09:30 AM before District Judge Robert E. Payne. (sneal, )
	Jan. 25, 2008	Set/Reset Deadlines as to 46 MOTION to Dismiss Second Amended Complaint, 43 MOTION to Dismiss second amended complaint (renewed). Motion Hearing set for 2/15/2008 at 09:30 AM before District Judge Robert E. Payne. (sneal, )
	Jan. 25, 2008	Set/Reset Deadlines as to Summary Judgment Motion Hearing set for 5/16/2008 at 01:30 PM before District Judge Robert E. Payne. (sneal, )
66	Jan. 28, 2008	ANSWER to Complaint with Jury Demand by Marilyn Hill.(Gibney, John) (Entered: 01/28/2008)	RECAP
67	Jan. 29, 2008	ORDER that civil actions 3:07CV476 and 3:07CV545 are CONSOLIDATED FOR ALL PURPOSES; ALL future pleadings shall be FILED under 3:07CV486; Signed by Judge Robert E. Payne on 1/28/08. (lsal) (Copies distributed) (Entered: 01/29/2008)	RECAP
68	Jan. 29, 2008	ORDER that discovery cutoff in this action SHALL BE April 11, 2008 and Motions for Summary Judgment shall BE FILED as scheduled (See Order); Signed by Judge Robert E. Payne on 1/28/08. (lsal) (Copies distributed) (Entered: 01/29/2008)	RECAP
69	Jan. 29, 2008	ORDER that oral argument on pending motions to dismiss SHALL BE HEARD February 15, 2008 at 9:30 a.m.; Signed by Judge Robert E. Payne on 1/28/08. (lsal) (Copies distributed) (Entered: 01/29/2008)	RECAP
70	Jan. 31, 2008	NOTICE of Appearance by Tara Desiree D'Lutz on behalf of Sheron Montrey Associated Cases: 3:07-cv-00476-REP, 3:07-cv-00545-REP(D'Lutz, Tara) (Entered: 01/31/2008)	RECAP
71	Jan. 31, 2008	VACATED (Order 2/7/08) Request for Entry of Default as to Kermit Hawkes by Tiffany Billings, Melissa Walker, Kimberly Rogers, Valerie Reynolds, Jeannette Tussing, Pearl Quinn, Jackie Dunbar, Amber Muse, Sheron Montrey. (Attachments: # 1 Affidavit)Associated Cases: 3:07-cv-00476-REP, 3:07-cv-00545-REP(D'Lutz, Tara) (Entered: 01/31/2008)	RECAP
72	Jan. 31, 2008	VACATED (Order 2/7/08) MOTION for Default Judgment as to Kermit Hawkes by Tiffany Billings, Melissa Walker, Kimberly Rogers, Valerie Reynolds, Jeannette Tussing, Pearl Quinn, Jackie Dunbar, Amber Muse, Sheron Montrey. (Attachments: # 1 Affidavit Kermit Hawkes)Associated Cases: 3:07-cv-00476-REP, 3:07-cv-00545-REP(D'Lutz, Tara) (Entered: 01/31/2008)	RECAP
73	Jan. 31, 2008	VACATED (Order 2/8/08) Memorandum in Support re (51 in 3:07-cv-00545-REP) Request for Entry of Default as to, (52 in 3:07-cv-00545-REP) MOTION for Default Judgment as to Kermit Hawkes filed by Tiffany Billings, Melissa Walker, Kimberly Rogers, Valerie Reynolds, Jeannette Tussing, Pearl Quinn, Jackie Dunbar, Amber Muse, Sheron Montrey. Associated Cases: 3:07-cv-00476-REP, 3:07-cv-00545-REP(D'Lutz, Tara) (Entered: 01/31/2008)	RECAP
74	Jan. 31, 2008	VACATED (Order 2/7/08) Request for Entry of Default as to Jose Irving by Tiffany Billings, Melissa Walker, Kimberly Rogers, Valerie Reynolds, Jeannette Tussing, Pearl Quinn, Jackie Dunbar, Amber Muse, Sheron Montrey. (Attachments: # 1 Affidavit)Associated Cases: 3:07-cv-00476-REP, 3:07-cv-00545-REP(D'Lutz, Tara) (Entered: 01/31/2008)	RECAP
75	Jan. 31, 2008	VACATED (Order 2/7/08) MOTION for Default Judgment as to Jose Irving by Tiffany Billings, Melissa Walker, Kimberly Rogers, Valerie Reynolds, Jeannette Tussing, Pearl Quinn, Jackie Dunbar, Amber Muse, Sheron Montrey. (Attachments: # 1 Affidavit)Associated Cases: 3:07-cv-00476-REP, 3:07-cv-00545-REP(D'Lutz, Tara) (Entered: 01/31/2008)	RECAP
76	Jan. 31, 2008	VACATED (Order 2/7/08) Memorandum in Support re (55 in 3:07-cv-00545-REP) MOTION for Default Judgment as to, (54 in 3:07-cv-00545-REP) Request for Entry of Default as to Jose Irving filed by Tiffany Billings, Melissa Walker, Kimberly Rogers, Valerie Reynolds, Jeannette Tussing, Pearl Quinn, Jackie Dunbar, Amber Muse, Sheron Montrey. Associated Cases: 3:07-cv-00476-REP, 3:07-cv-00545-REP(D'Lutz, Tara) (Entered: 01/31/2008)	RECAP
77	Jan. 31, 2008	VACATED (2/7/08) Request for Entry of Default as to Andrea Taylor by Tiffany Billings, Melissa Walker, Kimberly Rogers, Valerie Reynolds, Jeannette Tussing, Pearl Quinn, Jackie Dunbar, Amber Muse, Sheron Montrey. (Attachments: # 1 Affidavit Andrea Taylor)Associated Cases: 3:07-cv-00476-REP, 3:07-cv-00545-REP(D'Lutz, Tara) (Entered: 01/31/2008)	RECAP
78	Jan. 31, 2008	VACATED (Order 2/7/08) MOTION for Default Judgment as to Andrea Taylor by Tiffany Billings, Melissa Walker, Kimberly Rogers, Valerie Reynolds, Jeannette Tussing, Pearl Quinn, Jackie Dunbar, Amber Muse, Sheron Montrey. (Attachments: # 1 Affidavit Andrea Taylor)Associated Cases: 3:07-cv-00476-REP, 3:07-cv-00545-REP(D'Lutz, Tara) (Entered: 01/31/2008)	RECAP
79	Jan. 31, 2008	VACATED (Order 2/7/08) Memorandum in Support re (57 in 3:07-cv-00545-REP) Request for Entry of Default as to, (58 in 3:07-cv-00545-REP) MOTION for Default Judgment as to Andrea Taylor filed by Tiffany Billings, Melissa Walker, Kimberly Rogers, Valerie Reynolds, Jeannette Tussing, Pearl Quinn, Jackie Dunbar, Amber Muse, Sheron Montrey. Associated Cases: 3:07-cv-00476-REP, 3:07-cv-00545-REP(D'Lutz, Tara) (Entered: 01/31/2008)	RECAP

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Case Details

State / Territory:

Virginia

Case Type(s):

Prison Conditions

Special Collection(s):

Post-PLRA Jail and Prison Private Settlement Agreements

Key Dates

Filing Date: Aug. 13, 2007

Closing Date: 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

9 female inmates at Central Virginia Correctional Center Unit #13

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

Virginia Department of Corrections

Defendant Type(s):

Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Unreasonable search and seizure

Other Dockets:

Eastern District of Virginia 3:07-cv-00476

Eastern District of Virginia 3:07-cv-00545

Eastern District of Virginia 3:07-cv-00478

Available Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Source of Relief:

Settlement

Order Duration: 2007 - 2008

Issues

Discrimination Basis:

Sex discrimination

Affected Sex/Gender(s):

Female

Jails, Prisons, Detention Centers, and Other Institutions:

Assault/abuse by staff (facilities)

Sex w/ staff; sexual harassment by staff

Recommended Citation

Case Summary of Montrey v. Commonwealth of Virginia, Virginia Department of Corrections, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/10956/ (last updated 2/4/2017).