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

Clearinghouse coding complete

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 pris…

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


Judge(s)

Payne, Robert E. (Virginia)

Attorneys(s) for Plaintiff

Brown, Bobby G. Jr. (Virginia)

D'Lutz, Tara (Virginia)

Montrey, Sheron (Virginia)

Shields, William G (Virginia)

Attorneys(s) for Defendant

Bromfield, Coreen Antoinette (Virginia)

Davis, Mark Ralph (Virginia)

Gibney, John Adrian Jr. (Virginia)

McNelis, Edward J. III (Virginia)

Muldowney, Elizabeth Martin (Virginia)

Judge(s)

Payne, Robert E. (Virginia)

Attorneys(s) for Plaintiff

Brown, Bobby G. Jr. (Virginia)

D'Lutz, Tara (Virginia)

Montrey, Sheron (Virginia)

Shields, William G (Virginia)

Attorneys(s) for Defendant

Bromfield, Coreen Antoinette (Virginia)

Davis, Mark Ralph (Virginia)

Gibney, John Adrian Jr. (Virginia)

McNelis, Edward J. III (Virginia)

Muldowney, Elizabeth Martin (Virginia)

Documents in the Clearinghouse

Document

Docket [PACER]

June 18, 2008 Docket
1

Complaint

Aug. 13, 2007 Complaint
63

Stipulation of Voluntary Dismissal

Montrey v. Estep

Jan. 17, 2008 Pleading / Motion / Brief
90

Order

Feb. 7, 2008 Order/Opinion
111

Third Amended Complaint

Montrey v. Estep

March 14, 2008 Complaint

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

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)

Aug. 13, 2007

DEMAND for Trial by Jury by Sheron Montrey. (tdai, ) (Entered: 08/14/2007)

Aug. 13, 2007
2

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)

Aug. 14, 2007
3

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)

Aug. 30, 2007
4

SUMMONS Returned Executed Tammy Estep served on 9/4/2007, answer due 9/24/2007 (kyou, ) (Entered: 09/06/2007)

Sept. 6, 2007
5

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)

Sept. 12, 2007
6

MOTION to Dismiss by Commonwealth of Virginia, Virginia Department of Corrections. (Davis, Mark) (Entered: 09/17/2007)

Sept. 17, 2007
7

Brief in Support to 6 MOTION to Dismiss filed by Commonwealth of Virginia, Virginia Department of Corrections. (Davis, Mark) (Entered: 09/17/2007)

Sept. 17, 2007
8

ANSWER to Complaint by Tammy Estep, Marilyn Hill.(Davis, Mark) (Entered: 09/18/2007)

Sept. 18, 2007
9

MOTION for Extension of Time to File Response to complaint by Bobby G. Brown, Jr. (lsal) (Entered: 09/18/2007)

Sept. 18, 2007
10

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)

Sept. 19, 2007
12

Letter. (kyou, ) Additional attachment(s) added on 9/28/2007 (jtho, ). (Entered: 09/26/2007)

Sept. 24, 2007
11

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)

Sept. 26, 2007
14

MOTION to Dismiss by Bobby G. Brown, Jr. (kyou, ) (Entered: 10/01/2007)

Oct. 1, 2007
15

ANSWER to Complaint by Bobby G. Brown, Jr.(kyou, ) (Entered: 10/01/2007)

Oct. 1, 2007
16

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)

Oct. 2, 2007
17

RESPONSE to Motion re 14 MOTION to Dismiss filed by defendant Brown filed by Sheron Montrey. (Shields, William) (Entered: 10/12/2007)

Oct. 12, 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)

Oct. 15, 2007
18

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)

Oct. 16, 2007
19

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)

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)

Oct. 23, 2007
20

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)

Oct. 25, 2007
21

AMENDED COMPLAINT against all defendants, filed by Sheron Montrey.(Shields, William) (Entered: 10/25/2007)

Oct. 25, 2007
22

MOTION to Substitute Attorney by Tammy Estep. (Attachments: # 1 Proposed Order)(McNelis, Edward) (Entered: 10/25/2007)

Oct. 25, 2007
23

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)

Oct. 29, 2007

Notice of Correction re 23 MOTION for Judgment on the Pleadings; Text changed from Memorandum in Support (kyou, ) (Entered: 10/31/2007)

Oct. 31, 2007
24

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)

Nov. 6, 2007
25

MOTION to Substitute Attorney by Marilyn Hill. (Gibney, John) (Entered: 11/06/2007)

Nov. 6, 2007
26

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)

Nov. 6, 2007
27

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)

Nov. 8, 2007
28

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)

Nov. 9, 2007
30

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)

Nov. 9, 2007
31

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)

Nov. 9, 2007
32

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)

Nov. 14, 2007
33

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)

Nov. 19, 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)

Nov. 20, 2007
34

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)

Nov. 26, 2007
35

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)

Nov. 26, 2007
36

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)

Nov. 26, 2007
37

MOTION to Dismiss Second Amended Complaint by Marilyn Hill. (Gibney, John) (Entered: 11/29/2007)

Nov. 29, 2007
38

Brief in Support of Motion to Dismiss Second Amended Complaint filed by Marilyn Hill. (Gibney, John) (Entered: 11/29/2007)

Nov. 29, 2007
39

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)

Nov. 29, 2007
40

AMENDED COMPLAINT Second against all defendants, filed by Sheron Montrey. (Attachments: # 1 Affidavit of Bobby G. Brown, Jr.)(Shields, William) (Entered: 11/30/2007)

Nov. 30, 2007
41

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)

Nov. 30, 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)

Dec. 3, 2007
42

AMENDED COMPLAINT Second against all defendants, filed by Sheron Montrey. (Attachments: # 1 Affidavit of Bobby G. Brown, Jr.)(Shields, William) (Entered: 12/03/2007)

Dec. 3, 2007
43

MOTION to Dismiss 42 second amended complaint (renewed) by Marilyn Hill. (Gibney, John) (Entered: 12/03/2007)

Dec. 3, 2007
44

Brief in Support of 43 Renewed Motion to Dismiss Second Amended Complaint filed by Marilyn Hill. (Gibney, John) (Entered: 12/03/2007)

Dec. 3, 2007
45

ANSWER to 42 Second Amended Complaint, with Jury Demand by Tammy Estep.(McNelis, Edward) (Entered: 12/11/2007)

Dec. 11, 2007
46

MOTION to Dismiss 42 Second Amended Complaint by Tammy Estep. (McNelis, Edward) (Entered: 12/11/2007)

Dec. 11, 2007
47

Memorandum in Support re 46 MOTION to Dismiss Second Amended Complaint filed by Tammy Estep. (McNelis, Edward) (Entered: 12/11/2007)

Dec. 11, 2007
48

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)

Dec. 14, 2007
49

RESPONSE in Opposition re 46 MOTION to Dismiss Second Amended Complaint filed by Sheron Montrey. (Shields, William) (Entered: 12/19/2007)

Dec. 19, 2007
50

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)

Dec. 27, 2007
51

Brief in Support of 53 Motion for Leave to File Reply Brief filed by Marilyn Hill. (Gibney, John) (Entered: 12/27/2007)

Dec. 27, 2007
53

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)

Dec. 27, 2007
54

Reply to 49 Response in Opposition to Motion to Dismiss Second Amended Complaint filed by Tammy Estep. (Muldowney, Elizabeth) (Entered: 12/28/2007)

Dec. 28, 2007
55

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)

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)

Jan. 3, 2008
56

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)

Jan. 4, 2008
58

Response to 57 Memorandum in Support of Motion to Extend Time filed by Sheron Montrey. (Shields, William) (Entered: 01/08/2008)

Jan. 8, 2008
59

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)

Jan. 11, 2008
60

REPLY to Response to Motion re 43 MOTION to Dismiss second amended complaint (renewed) filed by Marilyn Hill. (Gibney, John) (Entered: 01/11/2008)

Jan. 11, 2008
61

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)

Jan. 17, 2008
62

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)

Jan. 17, 2008
63

STIPULATION of Dismissal of Bobby G. Brown, Jr. by Sheron Montrey. (Shields, William) (Entered: 01/17/2008)

Jan. 17, 2008
64

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)

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)

Jan. 24, 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)

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)

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)

Jan. 25, 2008
65

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)

Jan. 25, 2008
66

ANSWER to Complaint with Jury Demand by Marilyn Hill.(Gibney, John) (Entered: 01/28/2008)

Jan. 28, 2008
67

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)

Jan. 29, 2008
68

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)

Jan. 29, 2008
69

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)

Jan. 29, 2008
70

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)

Jan. 31, 2008
72

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)

Jan. 31, 2008
73

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)

Jan. 31, 2008
74

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)

Jan. 31, 2008
75

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)

Jan. 31, 2008
76

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)

Jan. 31, 2008
77

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)

Jan. 31, 2008
78

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)

Jan. 31, 2008
79

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)

Jan. 31, 2008
80

SUMMONS Returned Executed: Jos'e Irving personall served on 11/1/2007, answer due 11/21/2007 (lsal) (Entered: 02/04/2008)

Feb. 4, 2008
81

SUMMONS Returned Executed: Kermit Hawkes, Sr personally served on 10/11/2007, answer due 10/31/2007 (lsal) (Entered: 02/04/2008)

Feb. 4, 2008
82

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. (D'Lutz, Tara) (Entered: 02/06/2008)

Feb. 6, 2008
83

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. (D'Lutz, Tara) (Entered: 02/06/2008)

Feb. 6, 2008
84

VACATED (Order 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. (D'Lutz, Tara) (Entered: 02/06/2008)

Feb. 6, 2008
85

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. Associated Cases: 3:07−cv−00476−REP, 3:07−cv−00545−REP(D'Lutz, Tara) Additional attachment(s) added on 2/7/2008 (lsal, ). (Entered: 02/07/2008)

Feb. 7, 2008
86

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. Associated Cases: 3:07−cv−00476−REP, 3:07−cv−00545−REP(D'Lutz, Tara) Additional attachment(s) added on 2/7/2008 (lsal, ). (Entered: 02/07/2008)

Feb. 7, 2008
87

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. Associated Cases: 3:07−cv−00476−REP, 3:07−cv−00545−REP(D'Lutz, Tara) Additional attachment(s) added on 2/7/2008 (lsal, ). (Entered: 02/07/2008)

Feb. 7, 2008
88

ORDER vacating 71 Motion for Entry of Default; vacating 72 Motion for Default Judgment; vacating 74 Motion for Entry of Default; vacating 75 Motion for Default Judgment; vacating 77 Motion for Entry of Default; vacating 78 Motion for Default Judgment; vacating 82 Motion for Entry of Default; vacating 83 Motion for Entry of Default; vacating 84 Motion for Entry of Default; ORDERED that Motion for Entry of Default Judgment Against Defendants Kermit Hawkes, Jose Irving and Andrea Taylor are DENIED WITHOUT PREJUDICE; Signed by Judge Robert E. Payne on 2/7/08. (lsal) (Copies distributed) (Entered: 02/07/2008)

Feb. 7, 2008
89

ORDER Count III of Second Amended Complaint is DISMISSED WITHOUT PREJUDICE as to all defendants; Denying the Motion to Dismiss Counts I and IV of the Second Amended Complaint as to defendant Marilyn Hill; DISMISSING Count II with leave to file an amendment to Count II by filing a Third Amended complaint not later than March 14, 2008; answer filed w/in 15 days after service; ORDERED that hearing on Motion to Dismiss Amended Complaint 41 in civil action 3:07cv545 scheduled for 9:30 a.m. on February 15, 2008 is cancelled; Signed by Judge Robert E. Payne on 2/7/08. (lsal) (Copies distributed) (Entered: 02/07/2008)

Feb. 7, 2008
90

ORDER as to defendant Tammy Estep's Motion to Dismiss plaintiff's Second Amended Complaint (#35 filed in 3:07CV545) it is ORDERED the Court DISMISSES WITHOUT PREJUDICE Count III of the Second Amended Complaint as to all defendants; DENYING Motion to DISMISS Counts I and IV of the Second Amended Complaint as to defendant Tammy Estep; DISMISSING Count II with elave to file an amendment to Count III by filing a Third Amended Complaint not later than March 14, 2008; any answer filed w/in 15 days after service thereof; ORDERED hearing on defendant Tammy Estep's Motion to Dismiss plaintiff's Second Amwended Complaint scheduled for February 15, 2008 at 9:30 a.m. is CANCELLED; Signed by Judge Robert E. Payne on 2/7/08. (lsal) (Copies distributed) (Entered: 02/07/2008)

Feb. 7, 2008
91

Clerk's ENTRY OF DEFAULT as to Kermit Hawkes, Sr (lsal) (Entered: 02/08/2008)

Feb. 8, 2008
92

Clerk's ENTRY OF DEFAULT as to Jos'e Irving (lsal) (Entered: 02/08/2008)

Feb. 8, 2008
94

MOTION for Default Judgment as to Defendant Jose Irving by Sheron Montrey. (D'Lutz, Tara) (Entered: 02/11/2008)

Feb. 11, 2008
95

Memorandum in Support re 94 MOTION for Default Judgment as to Defendant Jose Irving filed by Sheron Montrey. (Attachments: # 1 Affidavit)(D'Lutz, Tara) (Entered: 02/11/2008)

Feb. 11, 2008

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

Virginia Department of Corrections, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Unreasonable search and seizure

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Settlement

Order Duration: 2007 - 2008

Issues

General:

Assault/abuse by staff

Sex w/ staff; sexual harassment by staff

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

Type of Facility:

Government-run