Case: Shreve v. Franklin County

2:10-cv-00644 | U.S. District Court for the Southern District of Ohio

Filed Date: July 16, 2010

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On July 16, 2010, arrestees/inmates held in Franklin County Ohio Corrections Centers filed this lawsuit in the United States District Court for the Southern District of Ohio. The plaintiffs, represented by Ohio Legal Rights Service, challenged the excessive use of force by deputies at the Corrections Centers. The plaintiffs brought claims under 42 U.S.C. § 1983 and alleged that corrections deputies routinely used tasers to inflict pain, fear, corporal punishment, and humiliation in violation …

On July 16, 2010, arrestees/inmates held in Franklin County Ohio Corrections Centers filed this lawsuit in the United States District Court for the Southern District of Ohio. The plaintiffs, represented by Ohio Legal Rights Service, challenged the excessive use of force by deputies at the Corrections Centers. The plaintiffs brought claims under 42 U.S.C. § 1983 and alleged that corrections deputies routinely used tasers to inflict pain, fear, corporal punishment, and humiliation in violation of the arrestees' Fourth, Eighth, and Fourteenth Amendment rights. The plaintiffs sought injunctive relief and money damages.

On December 14, 2010, the court (U.S. District Judge Edmund A. Sargus) granted plaintiffs' motion for class certification and permitted the U.S. Department of Justice (DOJ) to intervene as a full party. 2010 WL 5173162. The court provisionally certified a class consisting of "all persons who, now or at any future time during the pendency of this litigation, are or will be placed in the custody of the Franklin County Sheriff's Department at the Franklin County Corrections Centers."

On January 25, 2011, the court permitted the intervention of the Fraternal Order of the Police, Capital City Lodge No. 9, which is the collective bargaining representative of the Franklin County Deputy Sheriffs. Shreve v. Franklin Cnty., Ohio, 2:10-cv-644, 2011 WL 250407 (S.D. Ohio 2011).

On February 4, 2011, the plaintiffs and the DOJ agreed to separate settlement agreements with the Franklin County Sheriff's Office. The terms of the agreement between the plaintiffs and the DOJ required that the Sheriff's Office provide and enforce policies prohibiting the use of tasers except in exigent circumstances when other alternatives have been exhausted. The DOJ settlement also provided details around what alternative measures are and factors to consider before resorting to the use of tasers, and prohibited the use of tasers on restrained subjects. The DOJ settlement further provided for a reporting policy in instances of use of force and medical evaluation for those that have been tasered. The DOJ settlement established standards for training and internal accountability the Sheriff's Office must meet, as well as provisions around implementation of and compliance with the agreement. The terms of the agreement between the plaintiffs and the defendants incorporated the provisions of the settlement with the DOJ, but modified the provisions around implementation and compliance.

The court approved the settlement agreement between the DOJ and the defendants the same day. On March 10, 2011, the court also approved the plaintiff's and defendant's settlement agreement and conditionally dismissed the plaintiffs' complaint subject to the defendants achieving substantial compliance with the terms of the agreement.

The plaintiffs issued an order of non-compliance with the settlement agreement to the Sheriff's Office in August 2011. The Sheriff's Office responded stating that the cited instances of non-compliance occurred prior to the settlement's effective date. The Sheriff's Office also indicated that it would have to delay implementing the training required by the settlement agreement. The plaintiffs requested mediation, though it is unclear what proceeded as a result of this request.

On September 7, 2011, the court consolidated this case with two other related cases (11-cv-261 and 11-cv-415), and with a third in March 2012 (2:12-cv-70). Litigation continued as the defendants sought to dismiss the claims of the various plaintiffs. In September 2012, the defendants filed a motion for summary judgment, which the court granted on January 2, 2013, thereby dismissing the claims of one of the outstanding plaintiffs. The plaintiff appealed to the U.S. Court of Appeals for the Sixth Circuit on January 24, 2013, which affirmed the district court's decision on February 6, 2014. Meanwhile, four of the other plaintiffs settled in January 2013.

There is no further activity on the docket until December 2015, when the Court granted the parties motion to terminate the Court's authority to enforce the settlement agreement on the grounds that the Sheriff's Office achieved compliance with the agreement.

The case is now closed.

Summary Authors

Joe Reiter (3/22/2011)

Virginia Weeks (11/5/2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4998025/parties/shreve-v-franklin-county-ohio/


Judge(s)

Abel, Mark R. (Ohio)

Clay, Eric L. (Michigan)

Gilman, Ronald Lee (Tennessee)

Sargus, Edmund A. Jr. (Ohio)

Attorneys(s) for Plaintiff

Alo, Mohammed Noure (Ohio)

Henry, Kristen N. (Ohio)

Perry, Jane P. (Ohio)

Sjoberg-Witt, Kerstin S. (Ohio)

Attorneys(s) for Defendant

Brave, Michael (Arizona)

Jackson, John Jay Jr. (West Virginia)

Judge(s)

Abel, Mark R. (Ohio)

Clay, Eric L. (Michigan)

Gilman, Ronald Lee (Tennessee)

Sargus, Edmund A. Jr. (Ohio)

Attorneys(s) for Plaintiff

Alo, Mohammed Noure (Ohio)

Henry, Kristen N. (Ohio)

Perry, Jane P. (Ohio)

Sjoberg-Witt, Kerstin S. (Ohio)

Attorneys(s) for Defendant

Brave, Michael (Arizona)

Jackson, John Jay Jr. (West Virginia)

Martin, Mary Jane (Ohio)

O'Brien, Ronald Joseph (Ohio)

Soulas, Nick A. Jr. (Ohio)

Other Attorney(s)

Bagenstos, Samuel R. (District of Columbia)

Carnahan, Russell Earl (Ohio)

Corl, Christina (Ohio)

D'Alessandro, Mark Thomas (Ohio)

Dean, Kerry Krentler (District of Columbia)

Fleisher, Aaron S (District of Columbia)

Gregg, Tammie (District of Columbia)

Gzifa, Anika (District of Columbia)

James, Larry Holliday (Ohio)

Leung, Michelle (District of Columbia)

Myrthil, Marlysha (District of Columbia)

Perez, Sergio (District of Columbia)

Smith, Jonathan Mark (District of Columbia)

Stark, John J. (Ohio)

Trepel, Samantha Kay (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

Shreve v. Franklin County, Ohio

Dec. 28, 2015 Docket
1

Complaint

Shreve v. Franklin County, Ohio

July 16, 2010 Complaint
36

Motion for Partial Summary Judgment of the County Defendants

Shreve v. Franklin County, Ohio

Oct. 26, 2010 Pleading / Motion / Brief
70

United States' Complaint in Intervention Pursuant to 42 U.S.C. § 14141

Shreve v. Franklin County, Ohio

Dec. 14, 2010 Complaint
69

Opinion and Order (certifying class and granting DOJ Motion to Intervene)

Shreve v. Franklin County, Ohio

2010 WL 5173162, 2010 U.S.Dist.LEXIS 131911

Dec. 14, 2010 Order/Opinion
71

Second Amended Individual Complaint for Damages and Second Amended Class Action Complaint for Declaratory and Injunctive Relief

Shreve v. Franklin County, Ohio

Dec. 15, 2010 Complaint
93

OPINION AND ORDER

Shreve v. Franklin County, Ohio

2011 WL 250407, 2011 U.S.Dist.LEXIS 6833

Jan. 25, 2011 Order/Opinion
94-1

AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE SHERIFF OF FRANKLIN COUNTY, OHIO

Shreve v. Franklin County, Ohio

Feb. 4, 2011 Settlement Agreement
95-1

AGREEMENT BETWEEN PLAINTIFFS AND DEFENDANTS

Shreve v. Franklin County, Ohio

Feb. 4, 2011 Settlement Agreement
96

ORDER

Shreve v. Franklin County, Ohio

Feb. 4, 2011 Order/Opinion

Resources

Title Description External URL

The Constitutional Law of Incarceration, Reconfigured

Margo Schlanger

Part I begins with a doctrinal history; prisoners’ rights precedents are unfamiliar to many, and the author summarizes the pre-Kingsley Supreme Court case law as it evolved over time. Even for those … Jan. 1, 2018 https://scholarship.law.cornell.edu/cgi/viewcontent.cgi?article=4749&context=clr

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4998025/shreve-v-franklin-county-ohio/

Last updated May 20, 2022, 2:13 a.m.

ECF Number Description Date Link
69

OPINION AND ORDER: The Court GRANTS Plaintiffs' Motion for Class Certification and Appointment of Class Counsel 4 ; Interested Party the United States of America's Motion to Intervene 45 ; the Motion of the National Fraternal Order of Po lice to File an Amicus Brief on Behalf of Defendants 62 ; and Plaintiffs' Motion for Leave to File Second Amended Complaint 66 . Plaintiffs' Motion to Compel Inspection 14 is DISMISSED. The Clerk shall add the United States as a full pa rty, Plaintiff-Intervenor to this action and enter the United States' Complaint in Intervention on the docket. The National Fraternal Order of Police may appear as an amicus curiae and file a brief and other memoranda of law on behalf of Defend ants. A class consisting of "all persons who, now or at any future time during the pendency of this litigation, are or will be placed in the custody of the Franklin County Sheriff's Department at the Franklin County Corrections Centers" is hereby certified on a provisional basis and counsel for Plaintiffs are appointed class counsel to represent the class. Signed by Judge Edmund A Sargus on 12/14/2010. (dh1)

Dec. 14, 2010 RECAP
1

COMPLAINT with JURY DEMAND for Individual Damages and Class Action Complaint for Declaratory and Injunctive Relief against All Defendants ( Filing fee $ 350 paid − receipt number: 0648−2702674), filed by Michael Reed, Robert Shreve, Dawn Fiore−Bruno. (Attachments: # 1 Civil Cover Sheet) (Perry, Jane) (Entered: 07/16/2010)

July 16, 2010
93

OPINION AND ORDER granting 59 the Fraternal Order of Police, Capital City Lodge No. 9's Motion to Intervene. Signed by Judge Edmund A Sargus on 01/25/2011. (dh1)

Jan. 25, 2011 RECAP
2

Emergency MOTION for Leave to File Motion for Class Certification and Appointment of Class Counsel by Plaintiff Robert Shreve. (Attachments: # 1 Exhibit Motion for Class Certification and Appointment of Class Counsel, # 2 Exhibit Declaration of Robert Shreve) (Perry, Jane) (Entered: 07/16/2010)

July 16, 2010
3

ORDER granting 2 Plaintiff's Motion for Leave to File Motion for Class Certification. Signed by Judge Edmund A Sargus on 07/20/2010. (dh) (Entered: 07/20/2010)

July 20, 2010
112

ORDER dismissing as moot without prejudice 36 the Motion for Partial Summary Judgment of the County Defendants, given the voluntary dismissal of the individual claims for money damages of Plaintiffs Shreve and Worley. Plaintiffs and the United S tates' Joint Motion in Limine to Exclude Testimony of Defendants' Expert, Carrie L. Sandbaken Hill 85 is dismissed as moot without prejudice given the parties' settlement of Plaintiffs' request for preliminary injunctive relief prior to the scheduled hearing. Signed by Judge Edmund A Sargus on 08/31/2011. (dh1)

Aug. 31, 2011 RECAP
5

MOTION for Protective Order Allowing Video Tape Evidence in this Case to be Filed Under Seal by Plaintiffs Dawn Fiore−Bruno, Michael Reed, Robert Shreve. (Perry, Jane) (Entered: 07/22/2010)

July 22, 2010
116

ORDER granting (106) Motion to Consolidate Cases in case 2:10-cv-00644; granting (3) Motion to Consolidate Cases in case 2:11-cv-00261; granting (3) Motion to Consolidate Cases in case 2:11-cv-00415. The Parties should contact the chambers of Magistrate Judge Abel if they would like to schedule a status conference regarding this Order. Signed by Judge Edmund A Sargus on 09/07/2011. Associated Cases: 2:10-cv-00644, 2:11-cv-00261, 2:11-cv-00415. (dh1)

Sept. 7, 2011 RECAP
6

MOTION for Preliminary Injunction of Plaintiff and Proposed Class by Plaintiff Robert Shreve. (Attachments: # 1 Exhibit Declaration and Policies, # 2 Exhibit Declaration and Report of Plaintiffs' Expert) (Perry, Jane) (Entered: 07/23/2010)

July 23, 2010
150

OPINION AND ORDER granting in part and denying in part Plaintiffs' Motions to Strike Affirmative Defenses ( 138 in 2:10-cv-00644; 33 in 2:11-cv-00261; 15 in 2:11-cv-00415). Specifically, the Court grants the motion as it relates to the De fendants' Second, Third, Fourth and Eleventh affirmative defenses and strikes those defenses and denies the motion in all other regards. Signed by Judge Edmund A Sargus on 05/04/2012. Associated Cases: 2:10-cv-00644-EAS-MRA, 2:11-cv-00261-EAS-MRA, 2:11-cv-00415-EAS-MRA, 2:12-cv-00070-EAS-MRA (dh1)

May 4, 2012 RECAP
7

NOTICE of TELEPHONE Status Conference set for Tuesday, 8/3/2010, 10:00 AM before Judge Edmund A Sargus. (aq1) (Entered: 07/26/2010)

July 26, 2010
170

ORDER granting (163) Motion for Summary Judgment in case 2:10-cv-00644-EAS-MRA. Signed by Judge Edmund A Sargus on 1-2-2013. Associated Cases: 2:10-cv-00644-EAS-MRA, 2:11-cv-00261-EAS-MRA, 2:11-cv-00415-EAS-MRA, 2:12-cv-00070-EAS-MRA (glf5)

Jan. 2, 2013 RECAP
8

NOTICE of Appearance by Nick A Soulas, Jr for Defendant Franklin County Ohio (Soulas, Nick) (Entered: 07/27/2010)

July 27, 2010
9

ORDER granting 5 Motion for Protective Order. Plaintiffs shall have leave to file video evidence of tasing incidents under seal. Signed by Magistrate Judge Mark R. Abel on 7/28/10. (rew) (Entered: 07/28/2010)

July 28, 2010
10

ORDER setting a hearing on Plaintiffs' Motion for Preliminary Injunction 6 for 11/08/2010 at 10:00 a.m. A telephone status conference is set on this matter for 08/17/2010 at 10:00 a.m.. Signed by Judge Edmund A Sargus on 08/03/2010. (dh) (Entered: 08/03/2010)

Aug. 3, 2010

Telephone Conference held before Judge Edmund A Sargus on 8/17/2010, 10:00 A.M. (Court Reporter Laura Samuels.) (aq1) (Entered: 08/17/2010)

Aug. 17, 2010
12

ORDER: Parties to brief issue whether Expert be allowed access to county jail; Telephone Conference set for Tuesday, 9/21/2010, 11:45 AM. Signed by Judge Edmund A Sargus on 8/17/10. (aq1) (Entered: 08/17/2010)

Aug. 17, 2010
13

NOTICE of bankruptcy filing and operation of the automatic stay by Defendant Steven Dean. (rew) (Entered: 08/24/2010)

Aug. 23, 2010

NOTICE OF BANKRUPTCY Upon the Record and Operation of Automatic Stay as to Steven Dean by Defendant Steven Dean. SEE DOCKET # 13 FOR DOCUMENT . This entry is being filed to utilize the correct CM/ECF filing event. (kk2) (Entered: 08/25/2010)

Aug. 23, 2010
14

MOTION to Compel Inspection by Plaintiffs Dawn Fiore−Bruno, Michael Reed, Robert Shreve. (Attachments: # 1 Exhibit Declaration in Support of Motion to Compel Inspection) (Perry, Jane) (Entered: 08/24/2010)

Aug. 24, 2010
15

AMENDED COMPLAINT for Individual Damages and First Amended Class Action Complaint for Declaratory and Injunctive Relief against All Defendants, filed by Michael Reed, Robert Shreve, Dawn Fiore−Bruno, Michael Worley. (Perry, Jane) (Main Document uploaded again on 8/27/2010 to correct issue with PDF header) (jcw). (Entered: 08/27/2010)

Aug. 27, 2010
16

NOTICE of Appearance by Mary Jane Martin for Defendant Sheriff Franklin County (Martin, Mary) (Entered: 08/31/2010)

Aug. 31, 2010
17

First MOTION for Extension of Time New date requested 9/7/2010. by Defendant Sheriff Franklin County. (Martin, Mary) (Entered: 08/31/2010)

Aug. 31, 2010
18

ORDER granting 17 Defendants' Motion for Extension of Time. Defendant shall have until 7/7/10 to file a memorandum in opposition to [4} Plaintiff's Motion to Certify Class and Appoint Class Counsel. Plaintiff may file a reply to response within 11 days of service. Signed by Judge Edmund A Sargus on 09/01/2010. (dh) (Entered: 09/01/2010)

Sept. 1, 2010
19

NOTICE of Hearing: Preliminary Pretrial Conference set for 9/30/2010 @ 11:30 AM before Magistrate Judge Mark R. Abel. Conf of the parties due 9/16/10; Rule 26f report of the parties due 9/23/10. (sh1) (Entered: 09/03/2010)

Sept. 3, 2010
20

RESPONSE in Opposition re 4 MOTION to Appoint Counsel for the Class MOTION to Certify Class filed by Defendant Sheriff Franklin County. (Attachments: # 1 Affidavit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)

Sept. 7, 2010
22

ORDER granting 21 Defendants' Motion for Extension of Time. Defendants have until 9/21/2010 to file a memorandum in opposition to 6 Plaintiff and Proposed Class's Motion for Preliminary Injunction. Plaintiff and Proposed Class may file a reply within 20 days of the service of Defendants' memorandum in oppostion. Signed by Judge Edmund A Sargus on 09/20/2010. (dh) (Entered: 09/20/2010)

Sept. 20, 2010
23

REPLY to Response to Motion re 4 MOTION to Appoint Counsel for the Class MOTION to Certify Class filed by Plaintiffs Robert Shreve, Michael Worley. (Perry, Jane) (Entered: 09/20/2010)

Sept. 20, 2010
24

RESPONSE in Opposition re 6 MOTION for Preliminary Injunction of Plaintiff and Proposed Class filed by Defendant Sheriff Franklin County. (Attachments: # 1 Affidavit Charles A. Williamson, # 2 Exhibit IAR# 09−309) (Soulas, Nick) (Entered: 09/21/2010)

Sept. 21, 2010
25

NOTICE OF MANUAL FILING OF VIDEO as exhibit B of 24 Response in Opposition to Motion, filed by Defendant Sheriff Franklin County. (jcw) (Entered: 09/22/2010)

Sept. 22, 2010
26

SEALED EXHIBIT B of 24 manually filed at the Clerk's office. (jcw) (Entered: 09/22/2010)

Sept. 22, 2010
27

ORDER: Defendants have until 09/24/2010 to respond to 14 Plaintiffs' Motion to Compel Inspection. Defendants shall submit report of their expert to Plaintiffs by 10/25/2010. Signed by Judge Edmund A Sargus on 09/23/2010. (dh) (Entered: 09/23/2010)

Sept. 23, 2010
28

RULE 26(f) REPORT of Parties by Defendants Mark Barrett, Shannon Beaudry, Jason Brobst, Samuel Byrd, Debra Cantrell, Nathan Coleman, Joshua Crosby, Ben Damschroder, Steven Dean, James Dishong, John/Jane Doe(s), Mark Eagan, Doug Edgington, Franklin County Ohio, Andrew Giles, Michael Herrell, James Jodrey, Clayton Kern, Elizabeth Klein, Nicholas Lapetina, Christopher Lee, Chris Leonard, Christopher Leonard, Stephan L Martin, Sam Montrose, Manley Morgan, Douglas Robinson, John/Jane Roe(s), Jonathan Roush, Sheriff Franklin County, Derek Shively, Christopher Starner, Lee Vandette, Daniel Waldren, Nicholas Williams, Curtis Winn, Plaintiffs Dawn Fiore−Bruno, Michael Reed, Robert Shreve, Michael Worley. (Perry, Jane) (Entered: 09/23/2010)

Sept. 23, 2010
29

NOTICE: Settlement Conference set for 10/6/2010 @ 9:30am in chambers before Magistrate Judge Terence P Kemp − (wh1) (Entered: 09/23/2010)

Sept. 23, 2010
30

WAIVER OF SERVICE Returned Executed. Waiver sent to Franklin County Ohio on 7/29/2010, answer due 9/27/2010; Sheriff Franklin County on 7/29/2010, answer due 9/27/2010. (Perry, Jane) (Entered: 09/30/2010)

Sept. 30, 2010

Minute Entry for proceedings held before Magistrate Judge Mark R. Abel: Initial Pretrial Conference held on 9/30/2010. (Rubey, Rachel) (Entered: 09/30/2010)

Sept. 30, 2010
31

ANSWER to 15 Amended Complaint, filed by Franklin County Ohio, Sheriff Franklin County. (Soulas, Nick) (Entered: 09/30/2010)

Sept. 30, 2010
32

PRELIMINARY PRETRIAL ORDER: Rule 26(a)(1) Disclosures due by 10/12/2010. Primary Expert due by 10/25/2010. Counsel are DIRECTED to call chambers no later than 14 days after a decision on plaintiffs' motion for a preliminary injunction to set up a scheduling conference. Signed by Magistrate Judge Mark R. Abel on 10/01/10. (rew) Modified text on 10/1/2010 (rew1). (Entered: 10/01/2010)

Oct. 1, 2010

Set/Reset Columbus PPTO Deadlines : Primary Expert due by 10/25/2010. (rew) (Entered: 10/01/2010)

Oct. 1, 2010
33

NOTICE: Settlement Conference RESET for 10/13/2010 @ 9:30am in chambers before Magistrate Judge Terence P Kemp − (wh1) (Entered: 10/05/2010)

Oct. 5, 2010
34

REPLY to Response to Motion re 6 MOTION for Preliminary Injunction of Plaintiff and Proposed Class filed by Plaintiffs Robert Shreve, Michael Worley. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit) (Perry, Jane) (Entered: 10/14/2010)

Oct. 14, 2010
35

WAIVER OF SERVICE Returned Executed. Waiver sent to Mark Barrett on 9/14/2010, answer due 11/15/2010; Shannon Beaudry on 9/14/2010, answer due 11/15/2010; Jason Brobst on 9/14/2010, answer due 11/15/2010; Samuel Byrd on 9/14/2010, answer due 11/15/2010; Debra Cantrell on 9/14/2010, answer due 11/15/2010; Nathan Coleman on 9/14/2010, answer due 11/15/2010; Joshua Crosby on 9/14/2010, answer due 11/15/2010; Ben Damschroder on 9/14/2010, answer due 11/15/2010; Steven Dean on 9/14/2010, answer due 11/15/2010; James Dishong on 9/14/2010, answer due 11/15/2010; John/Jane Doe(s) on 9/14/2010, answer due 11/15/2010; Mark Eagan on 9/14/2010, answer due 11/15/2010; Doug Edgington on 9/14/2010, answer due 11/15/2010; Andrew Giles on 9/14/2010, answer due 11/15/2010; Michael Herrell on 9/14/2010, answer due 11/15/2010; James Jodrey on 9/14/2010, answer due 11/15/2010; Clayton Kern on 9/14/2010, answer due 11/15/2010; Elizabeth Klein on 9/14/2010, answer due 11/15/2010; Nicholas Lapetina on 9/14/2010, answer due 11/15/2010; Christopher Lee on 9/14/2010, answer due 11/15/2010; Chris Leonard on 9/14/2010, answer due 11/15/2010; Christopher Leonard on 9/14/2010, answer due 11/15/2010; Stephan L Martin on 9/14/2010, answer due 11/15/2010; Sam Montrose on 9/14/2010, answer due 11/15/2010; Manley Morgan on 9/14/2010, answer due 11/15/2010; Douglas Robinson on 9/14/2010, answer due 11/15/2010; John/Jane Roe(s) on 9/14/2010, answer due 11/15/2010; Jonathan Roush on 9/14/2010, answer due 11/15/2010; Derek Shively on 9/14/2010, answer due 11/15/2010; Christopher Starner on 9/14/2010, answer due 11/15/2010; Lee Vandette on 9/14/2010, answer due 11/15/2010; Daniel Waldren on 9/14/2010, answer due 11/15/2010; Nicholas Williams on 9/14/2010, answer due 11/15/2010; Curtis Winn on 9/14/2010, answer due 11/15/2010. (Perry, Jane) (Entered: 10/15/2010)

Oct. 15, 2010

Minute Entry for proceedings held before Magistrate Judge Mark R. Abel: Telephone Conference held on 10/26/2010. (Rubey, Rachel) (Entered: 10/26/2010)

Oct. 26, 2010
36

MOTION for Partial Summary Judgment by Defendants Franklin County Ohio, Sheriff Franklin County. Responses due by 11/19/2010 (Attachments: # 1 Affidavit Herrell, # 2 Exhibit A1, # 3 Exhibit A2, # 4 Exhibit B1, # 5 Exhibit B2, # 6 Exhibit C, # 7 Exhibit D) (Martin, Mary) (Entered: 10/26/2010)

Oct. 26, 2010
37

Discovery Conference Order: It is ORDERED that defendants treat the interrogatory questions as questions on written deposition under Rule 32, Fed. R. Civ. P. Each of the 4 individuals who is identified as a witness for the preliminary injunction hearing must answer the questions no later than noon on November 8, 2010. Signed by Magistrate Judge Mark R. Abel on 10/26/10. (rew) (Entered: 10/27/2010)

Oct. 26, 2010
38

MOTION for Leave to File Supplement to Defendant's Memorandum in Opposition to Plaintiffs' and Proposed Class' Motion For Preliminary Injunction by Defendants Franklin County Ohio, Sheriff Franklin County. (Attachments: # 1 Exhibit Exhibit 1, Supplement, # 2 Exhibit A, Declaration of Greg Meyer, # 3 Exhibit B, Expert Report, # 4 Exhibit B1, # 5 Exhibit B2, # 6 Exhibit B3, # 7 Exhibit B4, # 8 Exhibit B5, # 9 Exhibit B6, # 10 Exhibit B7, # 11 Exhibit B8, # 12 Exhibit B9, # 13 Exhibit B10, # 14 Exhibit B11, # 15 Exhibit B12, # 16 Exhibit B13, # 17 Exhibit B14) (Soulas, Nick) (Entered: 10/29/2010)

Oct. 29, 2010
39

MOTION for Leave to File Supplement to Defendant's memorandum in Opposition to Plaintiff's Motion for Class Certification by Defendant Sheriff Franklin County. (Attachments: # 1 Exhibit Exhibit 1, Supplemental memorandum) (Martin, Mary) (Entered: 10/29/2010)

Oct. 29, 2010

Counsel notified via email re Oral Argument on Motion 6 to Certify Class set for Monday, 11/1/2010, 2:00 PM in Courtroom 2 − Columbus before Judge Edmund A Sargus. (aq1) (Entered: 11/01/2010)

Oct. 29, 2010
41

ORAL ARGUMENT held before Judge Edmund A Sargus on 11/1/2010, 2:00 PM re 6 MOTION to certify class (Court Reporter Darla Coulter.) (aq1) (Entered: 11/01/2010)

Nov. 1, 2010
42

Amicus Curiae APPEARANCE entered by Mark Thomas D'Alessandro Defendant United States of America, Interested Party United States of America. (D'Alessandro, Mark) (Entered: 11/02/2010)

Nov. 2, 2010
43

Response re 42 Amicus Curiae Appearance in Opposition to Statement of Interest by Defendants Franklin County Ohio, Sheriff Franklin County. (Soulas, Nick) (Entered: 11/03/2010)

Nov. 3, 2010

Status/Telephone Conference set for 11/3/2010 03:00 PM in Chambers before Judge Edmund A Sargus. (aq1) (Entered: 11/03/2010)

Nov. 3, 2010
44

Status/Telephone Conference held on Wednesday, 11/3/2010, 3:00 PM before Judge Edmund A Sargus. (Court Reporter Laura Samuels.) (aq1) (Entered: 11/03/2010)

Nov. 3, 2010
45

MOTION to Intervene by Interested Party United States of America. (Attachments: # 1 Exhibit Memorandum, # 2 Exhibit Complaint) (D'Alessandro, Mark) (Entered: 11/03/2010)

Nov. 3, 2010
46

ORDER vacating the preliminary injunction hearing scheduled for 11/08/10; Interested Party the United States may file a motion to intervene and disclose its expert report to other parties by 11/04/10; Defendants shall file any non−merit−based objections to the motion to intervene by 11/17/10, United States and Plaintiffs may respond within one week of service thereof; and this case is set for mediation on 11/9/2010 at 9:00 AM before Magistrate Judge Kemp. Signed by Judge Edmund A Sargus on 11/03/2010. (dh) (Entered: 11/03/2010)

Nov. 3, 2010
47

NOTICE by Interested Party United States of America of Service of Expert Report (Attachments: # 1 Exhibit CertificateofService) (Stark, John) (Entered: 11/04/2010)

Nov. 4, 2010

Settlement Conference held on 11/9/2010 before Magistrate Judge Terence P. Kemp. (jv) (Entered: 11/10/2010)

Nov. 9, 2010
48

ORDER scheduling a preliminary injunction hearing for 01/10/2011 at 9:00 a.m. Defendants shall disclose names of 2 additional expert witnesses to other parties by 11/16/2010 and disclose reports of these experts within 30 days thereafter; Depositions of additional experts shall be conducted within 1 weeks of the disclosure of the experts' reports. A telephone status conference is scheduled for 11/23/2010 at 10:00 a.m. Signed by Judge Edmund A Sargus on 11/09/2010. (dh1) (Entered: 11/10/2010)

Nov. 10, 2010
49

NOTICE by Interested Party United States of America of Substitution of Local Counsel (Stark, John) (Entered: 11/10/2010)

Nov. 10, 2010
50

MOTION for Extension of Time of Forty−Five Days in Which to Effect Service Upon the John/Jane Doe and John/Jane Roe Defendants by Plaintiffs Dawn Fiore−Bruno, Michael Reed, Robert Shreve, Michael Worley. New date requested 12/31/2010. (Perry, Jane) Modified on 11/15/2010 to clarify text (kk2) (Entered: 11/12/2010)

Nov. 12, 2010
51

ORDER granting 50 Motion for Extension of Time of (45) forty−five days in which to effect service upon the John/Jane Doe and John/Jane Roe defendants. New deadline is 12/31/2010. Signed by Magistrate Judge Mark R Abel on 11/15/10. (rew) Modified on 11/16/2010 to correct text & judge (kk2). (Entered: 11/15/2010)

Nov. 15, 2010
52

RESPONSE in Opposition re 45 MOTION to Intervene filed by Defendants Franklin County Ohio, Sheriff Franklin County. (Soulas, Nick) (Entered: 11/17/2010)

Nov. 17, 2010
53

RESPONSE in Opposition re 36 MOTION for Partial Summary Judgment of the County Defendants filed by Plaintiffs Robert Shreve, Michael Worley. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6) (Perry, Jane) (Entered: 11/19/2010)

Nov. 19, 2010
55

NOTICE of Appearance by Marlysha Myrthil for Interested Party United States of America (Myrthil, Marlysha) (Entered: 11/23/2010)

Nov. 23, 2010
56

NOTICE of Appearance by Anika Gzifa for Interested Party United States of America (Gzifa, Anika) (Entered: 11/24/2010)

Nov. 24, 2010
57

REPLY to Response to Motion re 45 MOTION to Intervene filed by Interested Party United States of America. (Attachments: # 1 Exhibit) (Gzifa, Anika) (Entered: 11/24/2010)

Nov. 24, 2010
58

REPLY to Response to Motion re 45 MOTION to Intervene of United States filed by Plaintiffs Dawn Fiore−Bruno, Michael Reed, Robert Shreve, Michael Worley. (Perry, Jane) (Entered: 11/24/2010)

Nov. 24, 2010
59

Motion to Intervene , filed by Fraternal Order of Police, Capital City Lodge No. 9. (Attachments: # 1 Exhibit Collective Bargaining Agreement, # 2 Exhibit Court Order) (Carnahan, Russell) Modified on 12/7/2010 to re−file as motion. (pes1). (Entered: 12/06/2010)

Dec. 6, 2010
60

REPLY to Response to Motion re 36 MOTION for Partial Summary Judgment filed by Defendant Sheriff Franklin County. (Attachments: # 1 Exhibit DEposition of Robert Shreve) (Martin, Mary) (Entered: 12/06/2010)

Dec. 6, 2010
61

ORDER re 12/07/2010 telephone conference: Parties may file objections to Fraternal Order of Police's Motion to Intervene by 12/14/2010; the FOP may respond to objections by 12/21/2010. The FOP shall notify the Court if it plans to designate an expert witness by 12/14/2010. Plaintiffs may supplement their witness list by 12/14/2010. A telephone Status Conference is scheduled for 12/21/2010 at 10:00 a.m. Signed by Judge Edmund A Sargus on 12/07/2010. (dh1) (Entered: 12/07/2010)

Dec. 7, 2010
62

MOTION for Leave to File Amicus Brief by the National Fraternal Order of Police on Behalf of Defendants by Movant Fraternal Order of Police, Capital City Lodge No. 9. (James, Larry) (Entered: 12/08/2010)

Dec. 8, 2010
63

NOTICE of TELEPHONE Status Conference set for Friday, 12/10/2010, 9:30 AM before Judge Edmund A Sargus. (aq1). (Entered: 12/09/2010)

Dec. 9, 2010
64

ORDER resetting the preliminary injunction hearing from 01/10/2011 to Monday, 01/24/2011 at 9:00 a.m. Plaintiff and Interested Party the United States of America are permitted to depose up to 15 witnesses from the witness list submitted by Defendants. Signed by Judge Edmund A Sargus on 12/10/2010. (dh1) (Entered: 12/10/2010)

Dec. 10, 2010
65

NOTICE of Appearance by Aaron S Fleisher for Interested Party United States of America (Fleisher, Aaron) (Entered: 12/10/2010)

Dec. 10, 2010

Partial Filing fee: $ 4.00, receipt number 015214. (rew) (Entered: 12/10/2010)

Dec. 10, 2010
66

Unopposed MOTION to Amend/Correct 15 Amended Complaint, 1 Complaint, by Plaintiffs Dawn Fiore−Bruno, Michael Reed, Robert Shreve, Michael Worley. (Attachments: # 1 Exhibit Second Amended Complaint) (Perry, Jane) (Entered: 12/10/2010)

Dec. 10, 2010
67

NOTICE of Appearance by Christina Corl for Movant Fraternal Order of Police, Capital City Lodge No. 9 (Corl, Christina) (Entered: 12/13/2010)

Dec. 13, 2010
68

RESPONSE in Opposition re 59 MOTION to Intervene FOP as Defendant filed by Plaintiffs Dawn Fiore−Bruno, Michael Reed, Robert Shreve, Michael Worley. (Perry, Jane) (Entered: 12/13/2010)

Dec. 13, 2010
70

Intervenor COMPLAINT by United States of America. (dh1) (Entered: 12/14/2010)

Dec. 14, 2010
71

AMENDED COMPLAINT Second against Mark Barrett, Shannon Beaudry, Jason Brobst, Samuel Byrd, Debra Cantrell, Nathan Coleman, Joshua Crosby, Ben Damschroder, Steven Dean, James Dishong, Mark Eagan, Doug Edgington, Franklin County Ohio, Andrew Giles, Michael Herrell, James Jodrey, Clayton Kern, Elizabeth Klein, Nicholas Lapetina, Christopher Lee, Christopher Leonard, Stephan L Martin, Sam Montrose, Manley Morgan, Douglas Robinson, Jonathan Roush, Sheriff Franklin County, Derek Shively, Christopher Starner, Lee Vandette, Daniel Waldren, Nicholas Williams, Curtis Winn, Robert Forino, Stephanie Klumpp, Geoffrey Stobart, Charles Williamson, Amy Hanes, filed by Michael Reed, Robert Shreve, Michael Worley, Dawn Fiore−Bruno. (Perry, Jane) (Entered: 12/15/2010)

Dec. 15, 2010
72

MOTION for Leave to Appear Pro Hac Vice of Michael A. Brave (Filing fee $ 200) by Defendants Franklin County Ohio, Sheriff Franklin County. (Attachments: # 1 Exhibit Certificate of Good Standing) (Soulas, Nick) (Entered: 12/15/2010)

Dec. 15, 2010

PHV Filing fee re: 72 $ 200, receipt number COL15281 (pes1) (Entered: 12/15/2010)

Dec. 15, 2010
73

ORDER granting 72 Motion for Leave to Appear Pro Hac Vice of Michael A Brave on behalf of defendants Franklin County Ohio and the Franklin County Sheriff. Signed by Magistrate Judge Mark R. Abel on 12/16/10. (rew) (Entered: 12/16/2010)

Dec. 16, 2010
74

REPLY to 68 Response to 59 MOTION to Intervene filed by Amicus Fraternal Order of Police, Capital City Lodge No. 9. (Carnahan, Russell) Modified text and created link on 12/23/2010 (er1). (Entered: 12/20/2010)

Dec. 20, 2010
75

ORDER rescheduling preliminary injunction hearing to 01/26/2011 at 9:00 a.m.; scheduling mediation before Magistrate Judge Kemp for 01/14/2011 at 9:00 a.m.; and scheduling a telephone status conference for 01/04/2011 at 10:00 a.m. Signed by Judge Edmund A Sargus on 12/22/2010. (dh1) (Entered: 12/22/2010)

Dec. 22, 2010
76

WAIVER OF SERVICE Returned Executed. Waiver sent to Robert Forino on 12/15/2010, answer due 2/14/2011; Stephanie Klumpp on 12/15/2010, answer due 2/14/2011; Geoffrey Stobart on 12/15/2010, answer due 2/14/2011; Charles Williamson on 12/15/2010, answer due 2/14/2011. (Perry, Jane) (Entered: 12/22/2010)

Dec. 22, 2010
77

NOTICE by Defendants Franklin County Ohio, Sheriff Franklin County of Appearance of Michael A. Brave as Additional Counsel (Soulas, Nick) (Entered: 12/28/2010)

Dec. 28, 2010
78

Unopposed MOTION for Extension of Time New date requested 1/31/2011. by Plaintiffs Dawn Fiore−Bruno, Michael Reed, Robert Shreve, Michael Worley. (Henry, Kristen) (Entered: 12/30/2010)

Dec. 30, 2010
79

ORDER re preliminary injunction hearing: The Parties may file motions in limine, including motions pursuant to Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993) by 01/14/2011. Any responses to such motions shall be filed by 01/21/2011. Signed by Judge Edmund A Sargus on 01/04/2011. (dh1) (Entered: 01/04/2011)

Jan. 4, 2011
80

ORDER granting 78 Plaintiffs' Unopposed Motion for Extension of Time in which to effect service of process upon Amy Hanes by 1/31/2011. Signed by Magistrate Judge

Jan. 4, 2011
82

NOTICE of Appearance by Samantha Trepel for Intervenor Plaintiff United States of America (Trepel, Samantha) Modified on 1/11/2011 to correct text and to remove from motion calendar (jcw1). (Entered: 01/10/2011)

Jan. 10, 2011
83

ORDER: Pursuant to the Court's oral decision on 01/07/2011, Michelle Leung is admitted to appear before this Court. Signed by Judge Edmund A Sargus on 01/11/2011. (dh1) (Entered: 01/11/2011)

Jan. 11, 2011
84

NOTICE of Appearance by Kerry Kreutler Dean for Intervenor Plaintiff United States of America (Dean, Kerry) (Entered: 01/13/2011)

Jan. 13, 2011
85

Joint MOTION in Limine to Exclude Testimony of Defendant Expert by Intervenor Plaintiff United States of America. (Attachments: # 1 Supplement Memo of Law in Support of Motion, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit) (Fleisher, Aaron) (Entered: 01/14/2011)

Jan. 14, 2011

Settlement Conference held on 1/14/2011 before Magistrate Judge Terence P. Kemp. (jv) (Entered: 01/27/2011)

Jan. 14, 2011
86

NOTICE: Telephone Status Conference set for 1/21/2011, 10:00 AM before Judge Edmund A Sargus. (aq1) (Entered: 01/20/2011)

Jan. 20, 2011
87

NOTICE of IN−PERSON Status Conference set for TUESDAY, 1/25/2011, 12:00 NOON in Chambers, Rm 301, before Judge Edmund A Sargus. (aq1) (Entered: 01/21/2011)

Jan. 21, 2011
88

NOTICE of Appearance by Tammie Monique Gregg for Intervenor Plaintiff United States of America (Gregg, Tammie) (Entered: 01/21/2011)

Jan. 21, 2011
89

NOTICE of Appearance by Sergio Perez for Intervenor Plaintiff United States of America (Perez, Sergio) (Entered: 01/21/2011)

Jan. 21, 2011
90

NOTICE of Appearance by Ronald Joseph O'Brien for Defendants Franklin County Ohio, Sheriff Franklin County (O'Brien, Ronald) (Entered: 01/21/2011)

Jan. 21, 2011

State / Territory: Ohio

Case Type(s):

Jail Conditions

Key Dates

Filing Date: July 16, 2010

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The plaintiffs were incarcerated at Franklin County Corrections Centers and were subjected to excessive force from sheriffs deputies with tasers.

Plaintiff Type(s):

Private Plaintiff

U.S. Dept of Justice plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Legal Services/Legal Aid

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Franklin County, Ohio, County

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2011 - 2015

Content of Injunction:

Implement complaint/dispute resolution process

Monitoring

Preliminary relief granted

Recordkeeping

Reporting

Training

Issues

General:

Assault/abuse by staff

Excessive force

Type of Facility:

Government-run