Case: D.D. v. Washington County

2:10-cv-01097 | U.S. District Court for the Southern District of Ohio

Filed Date: Dec. 6, 2010

Closed Date: 2014

Clearinghouse coding complete

Case Summary

On December 6, 2010, juvenile inmates housed at the Washington County Juvenile Center (WCJC), filed a class action suit in the District Court for the Southern District of Ohio. In their complaint, the plaintiffs alleged that while at the center they had endured abusive conditions of confinement, including a lack of education and programming, denial of medication, lack of privacy, lack of exercise and lack of mental health care. The plaintiffs alleged that the defendants' actions were deliberat…

On December 6, 2010, juvenile inmates housed at the Washington County Juvenile Center (WCJC), filed a class action suit in the District Court for the Southern District of Ohio. In their complaint, the plaintiffs alleged that while at the center they had endured abusive conditions of confinement, including a lack of education and programming, denial of medication, lack of privacy, lack of exercise and lack of mental health care. The plaintiffs alleged that the defendants' actions were deliberately indifferent to the plaintiffs' constitutional rights and were a substantial departure from the accepted professional judgment, practices, and standards.

The plaintiffs brought this action for violation of 42 U.S.C. § 1983, violation of Title II of the Americans with Disabilities Act (42 U.S.C. § 12132), violation of Section 504 of the Rehabilitation Act (29 U.S.C. § 794), violation of the Ohio Civil Rights Act (Ohio Revised Code § 4112.99), violation of Ohio Revised Code § 2933.32, assault and battery, intentional infliction of emotional distress, negligent infliction of emotional distress, negligent retention and supervision, and medical malpractice. Represented by private counsel, the plaintiffs sought declaratory and injunctive relief barring the continued implementation of these policies and ensuring that the Center meet minimum constitutional standards in the treatment and confinement of current and future juvenile detainees housed in the Center, as well as compensatory and punitive damages.

On March 3, 2011 the Judge Edmund A. Sargus, Jr. issued an order certifying the plaintiff class pursuant to Rule 23(b)(2) and (b)(3) of the Federal Rules of Civil Procedure. The class was defined as "all persons under twenty-two years of age as of the date on which this lawsuit is filed (and others for whom the statute of limitations is legally tolled) who have been, are now, or in the future, held in custody at the Washington County, Ohio Juvenile Center." Named plaintiffs K.M., D.D., N.B., B.M., C.M., W.G., J.L., and J.R. were appointed as class representatives.

On June 28, 2011 the parties met for a settlement conference before Magistrate Judge Terrence P. Kemp. Negotiations continued for several months. As part of the settlement process, the defendants filed an unopposed motion to decertify part of the class, restricting the class to all persons under twenty of years of age. This motion was ordered by Judge Edmund A. Sargus, Jr. on October 17, 2011.

On November 22, 2011, the Court granted an order approving the class action settlement and claims process. The class action settlement and consent decree provided, amongst other provisions, that WCJC would appoint a physician to serve as medical director of the facility, that the WCJC would continue to train staff and hired medical professionals to identify mental health concerns, including youth at risk for suicide, and that the WCJC would continue behavioral treatment and rehabilitations programs. The agreement appointed Mr. Steve Martin as a monitor of the agreement. The agreement further stipulated that a one year period was required to implement the terms of the agreement, and that a six month extension may be acceptable. Finally, the agreement settled the claims for damages of the named plaintiffs.

In the subsequent years, the defendants implemented the terms of the agreement pursuant to supervision by the appointed monitor. On October 9, 2014, the Court granted an order terminating the consent decree and closing the case.

Summary Authors

David Priddy (8/4/2011)

Maria Ricaurte (3/27/2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5010138/parties/dd-v-washington-county-ohio/


Judge(s)
Attorney for Plaintiff

Branch, Jennifer L. (Ohio)

Gerhardstein, Alphonse A. (Ohio)

Kayser, Kane Paul (Ohio)

Attorney for Defendant

Goldwasser, Brian David (Ohio)

Hass, Cheri B. (Ohio)

Expert/Monitor/Master/Other

Documents in the Clearinghouse

Documents in this case

2:10-cv-01097

Docket

March 27, 2016

March 27, 2016

Docket
1

2:10-cv-01097

Class Action Complaint for Injunctive Relief and Damages with Jury Demand

Dec. 6, 2010

Dec. 6, 2010

Complaint
22

2:10-cv-01097

Order Certifying Class

March 3, 2011

March 3, 2011

Order/Opinion

2010 WL 830761

2:10-cv-01097

Press Release

D.D. v. Washington County, Ohio

No Court

Oct. 11, 2011

Oct. 11, 2011

Press Release
29

2:10-cv-01097

Order

D.D v. Washington County

Oct. 17, 2011

Oct. 17, 2011

Order/Opinion
30

2:10-cv-01097

Order

D. D. v. Washington County

Oct. 17, 2011

Oct. 17, 2011

Order/Opinion
39

2:10-cv-01097

Order Approving Class Action Settlement and Claims Process

Nov. 22, 2011

Nov. 22, 2011

Order/Opinion
39-1

2:10-cv-01097

Class Action Consent Decree

D.D. et al v. Washington County

Nov. 22, 2011

Nov. 22, 2011

Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5010138/dd-v-washington-county-ohio/

Last updated July 12, 2026, 6:33 a.m.

ECF Number Date Description Link
1 Dec. 6, 2010

COMPLAINT with JURY DEMAND against All Defendants filed by W. G., B. M., D. D., J. L., J. R., K. M., C. M. & N. B. ( Filing fee $ 350 paid - receipt number: 0648-2905348)(Attachments: # 1 Civil Cover Sheet, # 2 Affidavit of Merit of Lynn H. Milliner, M.D.) (Branch, Jennifer) (Entered: 12/06/2010)

RECAP
2 Dec. 6, 2010

NOTICE of Appearance by Alphonse Adam Gerhardstein for Plaintiffs N. B., D. D., W. G., J. L., B. M., C. M., K. M. & J. R. (Gerhardstein, Alphonse) (Entered: 12/06/2010)

RECAP
3 Dec. 6, 2010

NOTICE of Filing Proposed Case Management Plan by Plaintiffs N. B., D. D., W. G., J. L., B. M., C. M., K. M. & J. R. (Gerhardstein, Alphonse) Modified text on 12/7/2010 (er1). (Entered: 12/06/2010)

RECAP
4 Dec. 7, 2010

COMPLAINT with JURY DEMAND (refiled at the request of the Court) against Michelle Burkhart, John and Jane Does 1-20, Stephanie Galati, Brian Hesson, David Matthew Montgomery, DO, Brian Orders, Rae Ann Ward, Washington County Board of County Commissioners, Washington County Ohio & Timothy A. Williams filed by W. G., B. M., D. D., J. L., J. R., K. M., C. M. & N. B. (Attachments: # 1 Civil Cover Sheet, # 2 Affidavit Lynn H. Milliner, M.D.) (Branch, Jennifer) Modified on 12/8/2010 (kk2). (Entered: 12/07/2010)

RECAP
Dec. 8, 2010

Notice of Correction: Docket # 1 (Complaint) filed by Jennifer Branch was not signed by counsel. A signed copy of the document has been re-filed as docket # 4 (Complaint). (kk2)

5 Dec. 9, 2010

WAIVER OF SERVICE Returned Executed. Waiver sent to Timothy A. Williams on 12/6/2010, answer due 2/4/2011. (Branch, Jennifer) (Entered: 12/09/2010)

RECAP
6 Dec. 10, 2010

ORDER OF TRANSFER: Case reassigned to Judge Edmund A Sargus for all further proceedings. Signed by Judge Peter C. Economus and Judge Edmund A Sargus on 12/10/2010. (er1) (Entered: 12/13/2010)

RECAP
7 Dec. 14, 2010

NOTICE of Appearance by Kimberly Vanover Riley for Defendant Timothy A. Williams (Riley, Kimberly) (Entered: 12/14/2010)

RECAP
8 Dec. 14, 2010

NOTICE of Appearance by Lisa Marie Zaring for Defendant Timothy A. Williams (Zaring, Lisa) (Entered: 12/14/2010)

RECAP
9 Dec. 16, 2010

NOTICE of Appearance by Cheri B Hass for Defendants Michelle Burkhart, Stephanie Galati, Brian Hesson, Brian Orders, Rae Ann Ward, Washington County Board of County Commissioners, Washington County Ohio, Timothy A. Williams (Hass, Cheri) (Entered: 12/16/2010)

RECAP
10 Dec. 16, 2010

Joint MOTION to Stay Proceedings and Extend Timeframes by Plaintiffs N. B., D. D., W. G., J. L., B. M., C. M., K. M., J. R., Defendants Michelle Burkhart, Stephanie Galati, Brian Hesson, Brian Orders, Rae Ann Ward, Washington County Board of County Commissioners, Washington County Ohio, Timothy A. Williams. (Hass, Cheri) (Entered: 12/16/2010)

RECAP
11 Dec. 16, 2010

NOTICE OF WITHDRAWAL OF DOCUMENT by Plaintiffs N. B., D. D., W. G., J. L., B. M., C. M., K. M., J. R., Defendants Michelle Burkhart, Stephanie Galati, Brian Hesson, Brian Orders, Rae Ann Ward, Washington County Board of County Commissioners, Washington County Ohio, Timothy A. Williams re 10 Joint MOTION to Stay Proceedings and Extend Timeframes (Hass, Cheri) (Entered: 12/16/2010)

RECAP
12 Dec. 23, 2010

Joint MOTION for Protective Order by Plaintiffs N. B., D. D., W. G., J. L., B. M., C. M., K. M., J. R., Defendants Michelle Burkhart, Stephanie Galati, Brian Hesson, Brian Orders, Rae Ann Ward, Washington County Board of County Commissioners, Washington County Ohio, Timothy A. Williams. (Hass, Cheri) (Entered: 12/23/2010)

RECAP
13 Dec. 28, 2010

AGREED PROTECTIVE ORDER. Signed by Magistrate Judge Terence P Kemp on 12/28/10. (jcw1) Modified on 12/29/2010 to correct text (kk2) (Entered: 12/28/2010)

RECAP
14 Dec. 29, 2010

NOTICE: Status Conference set for 1/6/2011 @ 10:00am in chambers before Magistrate Judge Terence P Kemp (wh1) (Entered: 12/29/2010)

RECAP
15 Jan. 5, 2011

NOTICE of Appearance by Brian David Goldwasser for Defendant David Matthew Montgomery, DO (Goldwasser, Brian) (Entered: 01/05/2011)

RECAP
Jan. 6, 2011

Status Conference held on 1/6/2011 before Magistrate Judge Terence P. Kemp. (jv)

16 Jan. 11, 2011

ORDER: Plaintiff's to provide defendants with list of issues and supporting documents which plaintiffs believe are common to the members of the proposed class by 1/14/2011. Status Conference set for 2/4/2011 @ 10:00 AM before Magistrate Judge Terence P Kemp. Signed by Magistrate Judge Terence P Kemp on 01/11/2011. (sr) Modified on 1/12/2011 to correct text (kk2) (Entered: 01/11/2011)

RECAP
17 Jan. 24, 2011

NOTICE: Status Conference set for 2/4/2011 @ 10:00am in chambers before Magistrate Judge Terence P Kemp (wh1) (Entered: 01/24/2011)

RECAP
18 Feb. 8, 2011

ORDER: Motions to certify class due by 02/18/2011. Draft documents which should be filed if parties wish the Court to certify class due by 02/07/2011. Defendants will serve plaintiff with statement of facts and law by 02/16/2011. Plaintiff's response to statement of facts due by 03/02/2011. Parties will arrange for tour of facility on 03/07/2011. Mediation Conference scheduled for 04/14/2011 at 9:00 a.m. Confidential mediation statements and documents for the Court to consider prior to conference due by 04/11/2011. Signed by Magistrate Judge Terence P Kemp on 02/08/2011. (sr) (Entered: 02/08/2011)

RECAP
19 Feb. 15, 2011

NOTICE: Settlement Conference set for 4/14/2011 @ 9:00am in chambers before Magistrate Judge Terence P Kemp (wh1) (Entered: 02/15/2011)

RECAP
20 Feb. 22, 2011

Unopposed MOTION to Certify Class by Plaintiffs N. B., D. D., W. G., J. L., B. M., C. M., K. M. & J. R. Responses due by 3/18/2011 (Attachments: # 1 Notice, # 2 Text of Proposed Order) (Branch, Jennifer) (Entered: 02/22/2011)

RECAP
21 Feb. 24, 2011

STIPULATION of Dismissal of David Matthew Montgomery, D.O., as Defendant without Prejudice by Plaintiffs N. B., D. D., W. G., J. L., B. M., C. M., K. M. & J. R. (Gerhardstein, Alphonse) (Entered: 02/24/2011)

RECAP
22 March 3, 2011

OPINION AND ORDER granting 20 Motion to Certify a Class of Plaintiffs pursuant to Fed.R.Civ.P. 23. Signed by Judge Edmund A Sargus on 03/03/2011. (dh1) (Entered: 03/03/2011)

RECAP
April 14, 2011

Settlement Conference held on 4/14/2011 before Magistrate Judge Terence P. Kemp. (jv)

23 April 15, 2011

NOTICE: Settlement Conference set for 5/18/2011 @ 9:00am in chambers before Magistrate Judge Terence P Kemp (wh1) Modified on 4/18/2011 to correct type of conference (wh1) (Entered: 04/15/2011)

RECAP
April 18, 2011

PLEASE NOTE: the docket text for #23 is inaccurate -the case is scheduled for a settlement conference with Magistrate Judge Kemp but the conference is NOT a part of settlement week -the docket text for doc 23 has been corrected (wh1)

24 May 19, 2011

NOTICE: Settlement Conference set for 6/28/2011 @ 9:00am in chambers before Magistrate Judge Terence P Kemp (wh1) (Entered: 05/19/2011)

RECAP
25 July 20, 2011

NOTICE of Appearance by Kane Paul Kayser for Plaintiffs N. B., D. D., W. G., J. L., B. M., C. M., K. M. & J. R. (Kayser, Kane) (Entered: 07/20/2011)

RECAP
26 Sept. 30, 2011

STIPULATION of Dismissal of Defendant Jane Doe #1, Erin Cailin Lockhart, as a Defendant, with Prejudice by all Plaintiffs & all Defendants. (Branch, Jennifer) Modified on 10/4/2011 to correct filers (kk2) (Entered: 09/30/2011)

RECAP
27 Oct. 10, 2011

MOTION for Order to Partially Decertify Class and Instruct Certification Notice to Only the Remaining Class by Defendants Michelle Burkhart, Stephanie Galati, Brian Hesson, David Matthew Montgomery, DO, Brian Orders, Rae Ann Ward, Washington County Board of County Commissioners, Washington County Ohio & Timothy A. Williams. (Attachments: # 1 Proposed Order) (Riley, Kimberly) Modified on 10/17/2011 to correct filers (kk2) (Entered: 10/10/2011)

RECAP
28 Oct. 10, 2011

Joint MOTION for Order to Preliminarily Approve Consent Decree by Plaintiffs N. B., D. D., W. G., J. L., B. M., C. M., K. M., J. R. & All Defendants. (Attachments: # 1 Consent Decree, # 2 Class Notice, # 3 Text of Proposed Order Preliminarily Approving Consent Decree) (Branch, Jennifer) Modified on 10/17/2011 to correct filers (kk2) (Entered: 10/10/2011)

RECAP
29 Oct. 17, 2011

ORDER granting 27 Defendants' motion to partially decertify the class of plaintiffs, and to provide certification notice to only those class members who remain after this partial decertification. The Court further orders that K.M., D.D., N.B., B.M., C.M., W.G., J.L. and J.R. remain appointed as class representatives and that Alphonse A. Gerhardstein and Jennifer L. Branch remain appointed as class counsel. Signed by Judge Edmund A Sargus on 10/17/2011. (dh1) (Entered: 10/17/2011)

RECAP
30 Oct. 17, 2011

ORDER granting preliminary approval of the proposed consent decree between Plaintiffs and Defendant. A hearing will be held on 11/21/2011 at 9:00 a.m. to consider final approval of this consent decree. All objections by members of the class to the proposed consent decree must be filed with the Clerk of Court and postmarked no later than 11/07/2011. The class notice submitted by the parties as revised and attached as Exhibit One, is approved. Signed by Judge Edmund A Sargus on 10/17/2011. (Attachment: Exhibit One) (dh1) (Entered: 10/17/2011)

RECAP
31 Oct. 21, 2011

STIPULATION of Dismissal of Defendants Rae Ann Ward, Brian Hesson, Brian Orders, Stephanie Galati, Michelle Burkhart, and John and Jane Does 1-20 Without Prejudice and Dismissing Defendant Timothy A. Williams in his Individual Capacity Only Without Prejudice by Plaintiffs N. B., D. D., W. G., J. L., B. M., C. M., K. M., J. R. & all Defendants. (Gerhardstein, Alphonse) Modified on 10/24/2011 to correct filers (kk2) (Entered: 10/21/2011)

RECAP
Oct. 26, 2011

Status Conference held on 10/26/2011 before Magistrate Judge Terence P. Kemp. (jv)

32 Nov. 16, 2011

NOTICE by Plaintiffs N. B., D. D., W. G., J. L., B. M., C. M., K. M., J. R. re 30 Order on Motion for Order to,, of Manual Filing of DVD in Support of Plaintiffs' Request to Finally Approve Class Action Consent Decree. (Gerhardstein, Alphonse) (Entered: 11/16/2011)

RECAP
33 Nov. 17, 2011

ORDER re 32 Plaintiffs' Notice of Manual Filing of DVD and Request to File Under Seal. Plaintiff's Request to file the DVD under seal is GRANTED. Signed by Judge Edmund A Sargus on 11/17/2011. (dh1) (Entered: 11/17/2011)

RECAP
Nov. 17, 2011

DVD in Support of Plaintiffs' Request to Finally Approve Class Action Consent Decree received and manually filed in the Clerk's Office. (pes1)

34 Nov. 18, 2011

NOTICE by Plaintiffs N. B., D. D., W. G., J. L., B. M., C. M., K. M., J. R. re 30 Order on Motion for Order to,, of Filing Declaration in Support of Proof of Notice to Class (Attachments: # 1 Exhibit A: Correspondence from Class Counsel, # 2 Exhibit B: Proofs of Publication) (Branch, Jennifer) (Entered: 11/18/2011)

RECAP
35 Nov. 18, 2011

Joint MOTION for Order to Establish Qualified Settlement Fund and Appoint Administrator by Plaintiffs N. B., D. D., W. G., J. L., B. M., C. M., K. M., J. R.. (Attachments: # 1 Text of Proposed Order, # 2 Karen Meyers Resume) (Branch, Jennifer) (Entered: 11/18/2011)

RECAP
36 Nov. 20, 2011

Joint MOTION for Order to Approve Claims Process by Plaintiffs N. B., D. D., W. G., J. L., B. M., C. M., K. M., J. R.. (Attachments: # 1 Claim Form, # 2 Schedule A-1 revised, # 3 Schedule A-2 revised, # 4 Schedule A-3 revised, # 5 Schedule A-4 revised) (Branch, Jennifer) (Entered: 11/20/2011)

RECAP
37 Nov. 21, 2011

Minute Entry for proceedings held before Judge Edmund A Sargus: Hearing on Final Approval of Consent Decree held on 11/21/2011, 9:00am. (Court Reporter Laura Samuels.) (aq1) (Entered: 11/21/2011)

RECAP
38 Nov. 21, 2011

ORDER establishing D.D. v Washington County, Ohio Qualified Settlement Fund and Appointing Administrator. Signed by Judge Edmund A Sargus on 11/21/11. (aq1) (Entered: 11/21/2011)

RECAP
39 Nov. 22, 2011

Order Approving Class Action Settlement and Claims Process. Signed by Judge Edmund A Sargus on 11/22/2011. (dh1) (Additional attachment(s) added on 11/29/2011: Exhibit A - Class Action Consent Decree) (dah1). (Entered: 11/22/2011)

RECAP
40 April 12, 2012

NOTICE by Plaintiffs N. B., D. D., W. G., J. L., B. M., C. M., K. M., J. R., Defendant Timothy A. Williams of Filing First Report of Monitor Steve Martin (Attachments: # 1 First Report of Monitor Steve Martin) (Hass, Cheri) (Entered: 04/12/2012)

RECAP
41 May 11, 2012

MOTION for Order to Permit Administrator to Pay Late Claims by Plaintiffs N. B., D. D., W. G., J. L., B. M., C. M., K. M., J. R.. (Attachments: # 1 Affidavit Branch with Exhibits A-E) (Branch, Jennifer) (Entered: 05/11/2012)

RECAP
42 May 14, 2012

ORDER granting 41 Motion for Order to permit the administrator to pay late claims. Signed by Magistrate Judge Terence P Kemp on 5/14/12. (jcw1) (Entered: 05/14/2012)

RECAP
43 July 30, 2012

NOTICE of Appearance by Karen D. Meyers for Special Master Karen Diane Meyers (Meyers, Karen) (Entered: 07/30/2012)

RECAP
44 July 31, 2012

STATUS REPORT of the Qualified Settlement Fund Administrator by Special Master Karen Diane Meyers. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B) (Meyers, Karen) (Additional attachment(s) added on 8/8/2012: # 3 Exhibit B (Amended)) (kk2). (Entered: 07/31/2012)

RECAP
45 Aug. 1, 2012

First MOTION to Amend/Correct 44 Status Report Filed on July 31, 2012 by Special Master Karen Diane Meyers. (Attachments: # 1 Exhibit (Amended) Exhibit B to Status Report of QSF Administrator Filed 07/31/2012, # 2 Text of Proposed Order Draft Entry Granting Motion to Amend/Correct) (Meyers, Karen) (Entered: 08/01/2012)

RECAP
46 Aug. 8, 2012

ORDER granting 45 Motion to Amend re 44 Status Report of the Qualified Settlement Fund Administrator. Signed by Magistrate Judge Terence P Kemp on 8/7/2012. (kk2) (Entered: 08/08/2012)

RECAP
Aug. 8, 2012

Pursuant to 46 Order on Motion to Amend/Correct, the amended exhibit B has been added to docket entry # 44 (Status Report) and bears page ID #s 393-406. (kk2)

47 Dec. 5, 2012

MOTION for Hearing /Status Conference by Defendant Timothy A. Williams. (Hass, Cheri) (Entered: 12/05/2012)

RECAP
48 Dec. 6, 2012

NOTICE by Defendant Timothy A. Williams Filing of Final Report of Monitor Steve Martin (Attachments: # 1 Comprehensive Compliance Report) (Hass, Cheri) (Entered: 12/06/2012)

RECAP
49 Dec. 7, 2012

NOTICE: Status Conference set for 12/18/2012 @ 10:30am in chambers before Magistrate Judge Terence P Kemp (wh1) (Entered: 12/07/2012)

RECAP
Dec. 18, 2012

Status Conference held on 12/18/2012 before Magistrate Judge Terence P. Kemp. (jv)

50 Dec. 21, 2012

ORDER: Class counsel shall make his submission of claims for approval by 1/2/2013. Signed by Magistrate Judge Terence P Kemp on 12/21/2012. (kk2) (Entered: 12/21/2012)

RECAP
51 Dec. 28, 2012

STATUS REPORT of the Qualified Settlement Fund Administrator by Special Master Karen Diane Meyers. (Attachments: # 1 Exhibit Transaction Summary / Check Detail, # 2 Exhibit Copies of Administration Invoices) (Meyers, Karen) (Entered: 12/28/2012)

RECAP
52 April 10, 2013

***SEALED*** ORDER re claims submissions of class members. Signed by Magistrate Judge Terence P Kemp on 4/10/2013. (kk2) (Entered: 04/10/2013)

RECAP
53 April 10, 2013

***SEALED*** Claims Packets of class members manually filed Under Seal on 2 compact disks in Clerk's Office re 52 Sealed Order (kk2) (Entered: 04/10/2013)

RECAP
54 April 23, 2013

NOTICE by Plaintiffs N. B., D. D., B. M. re 52 Sealed Document Requesting Doc. 52 be Redacted Before Being Unsealed (Branch, Jennifer) (Entered: 04/23/2013)

RECAP
55 April 23, 2013

NOTICE by Plaintiffs N. B., D. D., B. M. re 52 Sealed Document of Compliance with Court Order to Notice Claimants of Doc. 52 (Attachments: # 1 Exhibit 1 letter, # 2 Exhibit 2 Appeal form) (Branch, Jennifer) (Entered: 04/23/2013)

RECAP
56 May 7, 2013

MOTION for Final Determination of Class C Claimants by Defendants Michelle Burkhart, Stephanie Galati, Brian Hesson, Brian Orders, Rae Ann Ward, Washington County Board of County Commissioners, Washington County Ohio, Timothy A. Williams. (Hass, Cheri) (Entered: 05/07/2013)

RECAP
57 May 7, 2013

SEALED Notice of Appeal of Magistrate Judge Order on Common Fund Claim by B.W. (kk2) (Entered: 05/07/2013)

RECAP
59 May 22, 2013

ORDER awarding claimants N.B., D.D., K.H., M.P. & B.W. amounts to be paid from the fund established in paragraph 41(f) of the consent decree. Signed by Magistrate Judge Terence P Kemp on 5/22/2013. (kk2) (Entered: 05/22/2013)

RECAP
60 June 7, 2013

NOTICE by Plaintiff D. D. re 59 Order Notice of Compliance with Order (Attachments: # 1 Exhibit 1 letter, # 2 Exhibit 2 Appeal form) (Branch, Jennifer) (Entered: 06/07/2013)

RECAP
61 June 12, 2013

SEALED Notice of Appeal of Magistrate Judge Order on Common Fund Claim by K.H. (kk2) (Entered: 06/13/2013)

RECAP
62 June 14, 2013

ORDER granting 56 Motion or Final Determination of Class C Claimants - B.M.'s claim is denied on procedural grounds, i.e. the failure to attest to the accuracy of the facts submitted in support of the claim. Signed by Magistrate Judge Terence P Kemp on 6/14/2013. (kk2) (Entered: 06/14/2013)

RECAP
64 Nov. 12, 2013

NOTICE by Plaintiffs N. B., D. D., W. G., J. L., B. M., C. M., K. M., J. R. of Compliance with Doc. 63 (Branch, Jennifer) (Entered: 11/12/2013)

RECAP
65 Jan. 23, 2014

NOTICE of Appearance by Daniel T Downey for Defendants Washington County Board of County Commissioners, Washington County Ohio, Timothy A. Williams (Downey, Daniel) (Entered: 01/23/2014)

RECAP
66 Jan. 23, 2014

MOTION to Substitute Attorney Daniel T. Downey for Cheri B. Hass by Defendants Washington County Board of County Commissioners, Washington County Ohio, Timothy A. Williams. (Downey, Daniel) (Entered: 01/23/2014)

RECAP
67 Jan. 27, 2014

ORDER granting 66 Motion to Substitute Attorney. Attorney Cheri B Hass terminated. Signed by Magistrate Judge Terence P Kemp on 1/27/2014. (kk2) (Entered: 01/27/2014)

RECAP
68 May 28, 2014

Joint MOTION for Order to for Stipulated Entry (by All Parties) by Defendants Michelle Burkhart, John and Jane Does 1-20, Stephanie Galati, Brian Hesson, David Matthew Montgomery, DO, Brian Orders, Rae Ann Ward, Washington County Board of County Commissioners, Washington County Ohio, Timothy A. Williams. (Attachments: # 1 Exhibit A - Resident 166 Chronology, # 2 Exhibit B - Letter, # 3 Exhibit C - Payment for Member #101, # 4 Text of Proposed Order) (Riley, Kimberly) (Entered: 05/28/2014)

RECAP
69 June 3, 2014

STIPULATED ENTRY. Telephone Status Conference set for 7/23/2014 @ 10:00am. Signed by Magistrate Judge Terence P Kemp on 6/3/2014. (kk2) (Entered: 06/03/2014)

RECAP
70 June 25, 2014

NOTICE of Hearing: Status Conference set for 7/23/2014 @ 10:00 AM before Magistrate Judge Terence P Kemp. (sh1) (Entered: 06/25/2014)

RECAP
71 July 22, 2014

NOTICE of Appearance by Stacy Virginia Pollock for Defendants Washington County Board of County Commissioners, Washington County Ohio, Timothy A. Williams (Pollock, Stacy) (Entered: 07/22/2014)

RECAP
July 23, 2014

Status Conference held on 7/23/2014 before Magistrate Judge Terence P. Kemp. (jv)

72 Sept. 12, 2014

Amended MOTION for Order to (with Plaintiffs) to Close Qualified Settlement Fund by Defendants Washington County Board of County Commissioners, Washington County Ohio, Timothy A. Williams. (Attachments: # 1 Text of Proposed Order) (Riley, Kimberly) (Entered: 09/12/2014)

RECAP
73 Sept. 15, 2014

ORDER granting 72 Joint Amended Motion to Close Qualified Settlement Fund. The final distributions are set forth in this Order. The Court further orders that Plaintiffs' Class Counsel file an Order terminating the Consent Decree closing the case and dismissing the remaining parties. Signed by Judge Edmund A Sargus on 09/15/2014. (dh1) (Entered: 09/15/2014)

RECAP
74 Oct. 8, 2014

STIPULATION of Dismissal Defendants Judge Timothy Williams in his Official Capacity and Washington County, Ohio with Prejudice by Plaintiffs N. B., D. D., W. G., J. L., B. M., C. M., K. M., J. R.. (Attachments: # 1 Text of Proposed Order to Terminate Consent Decree) (Branch, Jennifer) (Entered: 10/08/2014)

RECAP
75 Oct. 9, 2014

ORDER Terminating the Consent Decree. Signed by Judge Edmund A Sargus on 10/09/2014. (dh1) (Entered: 10/09/2014)

RECAP

Case Details

State / Territory:

Ohio

Case Type(s):

Juvenile Institution

Healthcare Access and Reproductive Issues

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 6, 2010

Closing Date: 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All persons under twenty years of age who have been, are now, or are in the future, held at the Washington County, Ohio Juvenile Center

Plaintiff Type(s):

City/County Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

County

Washington County, Ohio

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

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

State law

Constitutional Clause(s):

Due Process

Other Dockets:

Southern District of Ohio 2:10-cv-01097

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Granted:

Damages

Declaratory Judgment

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Hire

Training

Order Duration: 2011 - 2014

Issues

General/Misc.:

Disciplinary procedures

Education

Food service / nutrition / hydration

Religious programs / policies

Sanitation / living conditions

Disability and Disability Rights:

Special education

Discrimination Basis:

Disability (inc. reasonable accommodations)

Jails, Prisons, Detention Centers, and Other Institutions:

Assault/abuse by staff (facilities)

Over/Unlawful Detention (facilities)

Recreation / Exercise

Strip search policy (facilities)

Medical/Mental Health Care:

Medical care, general

Mental health care, general

Recommended Citation