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 attrorneys, see: https://www.courtlistener.com/docket/5010138/parties/dd-v-washington-county-ohio/


Judge(s)

Kemp, Terence Peter (Ohio)

Sargus, Edmund A. Jr. (Ohio)

Attorneys(s) for Plaintiff

Branch, Jennifer L. (Ohio)

Gerhardstein, Alphonse A. (Ohio)

Kayser, Kane Paul (Ohio)

Attorneys(s) for Defendant

Goldwasser, Brian David (Ohio)

Hass, Cheri B. (Ohio)

Riley, Kimberly Vanouver (Ohio)

Zaring, Lisa M. (Ohio)

Other Attorney(s)

Active

Judge(s)

Kemp, Terence Peter (Ohio)

Sargus, Edmund A. Jr. (Ohio)

Attorneys(s) for Plaintiff

Branch, Jennifer L. (Ohio)

Gerhardstein, Alphonse A. (Ohio)

Kayser, Kane Paul (Ohio)

Attorneys(s) for Defendant

Goldwasser, Brian David (Ohio)

Hass, Cheri B. (Ohio)

Riley, Kimberly Vanouver (Ohio)

Zaring, Lisa M. (Ohio)

Other Attorney(s)

Meyers, Karen D (Ohio)

Documents in the Clearinghouse

Document

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

2:05-cv-01097

Order Certifying Class

2010 WL 830761

March 3, 2011

March 3, 2011

Order/Opinion

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

Resources

Docket

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

Last updated Aug. 2, 2022, 3:08 a.m.

ECF Number Description Date Link Date / Link
1

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)

Dec. 6, 2010

Dec. 6, 2010

2

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)

Dec. 6, 2010

Dec. 6, 2010

3

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)

Dec. 6, 2010

Dec. 6, 2010

4

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)

Dec. 7, 2010

Dec. 7, 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) (Entered: 12/08/2010)

Dec. 8, 2010

Dec. 8, 2010

5

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)

Dec. 9, 2010

Dec. 9, 2010

7

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

Dec. 14, 2010

Dec. 14, 2010

8

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

Dec. 14, 2010

Dec. 14, 2010

9

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)

Dec. 16, 2010

Dec. 16, 2010

10

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)

Dec. 16, 2010

Dec. 16, 2010

11

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)

Dec. 16, 2010

Dec. 16, 2010

12

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)

Dec. 23, 2010

Dec. 23, 2010

13

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)

Dec. 28, 2010

Dec. 28, 2010

14

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

Dec. 29, 2010

Dec. 29, 2010

15

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

Jan. 5, 2011

Jan. 5, 2011

Status Conference held on 1/6/2011 before Magistrate Judge Terence P. Kemp. (jv) (Entered: 01/07/2011)

Jan. 6, 2011

Jan. 6, 2011

16

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)

Jan. 11, 2011

Jan. 11, 2011

17

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

Jan. 24, 2011

Jan. 24, 2011

18

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)

Feb. 8, 2011

Feb. 8, 2011

19

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

Feb. 15, 2011

Feb. 15, 2011

21

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)

Feb. 24, 2011

Feb. 24, 2011

23

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)

April 15, 2011

April 15, 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) (Entered: 04/18/2011)

April 18, 2011

April 18, 2011

24

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

May 19, 2011

May 19, 2011

25

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)

July 20, 2011

July 20, 2011

26

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)

Sept. 30, 2011

Sept. 30, 2011

27

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)

Oct. 10, 2011

Oct. 10, 2011

28

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)

Oct. 10, 2011

Oct. 10, 2011

29

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)

Oct. 17, 2011

Oct. 17, 2011

30

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)

Oct. 17, 2011

Oct. 17, 2011

31

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

Oct. 21, 2011

Oct. 21, 2011

32

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)

Nov. 16, 2011

Nov. 16, 2011

DVD in Support of Plaintiffs' Request to Finally Approve Class Action Consent Decree received and manually filed in the Clerk's Office. (pes1) (Entered: 11/17/2011)

Nov. 17, 2011

Nov. 17, 2011

33

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)

Nov. 17, 2011

Nov. 17, 2011

34

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)

Nov. 18, 2011

Nov. 18, 2011

35

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)

Nov. 18, 2011

Nov. 18, 2011

36

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)

Nov. 20, 2011

Nov. 20, 2011

37

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)

Nov. 21, 2011

Nov. 21, 2011

38

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)

Nov. 21, 2011

Nov. 21, 2011

39

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)

Nov. 22, 2011

Nov. 22, 2011

40

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)

April 12, 2012

April 12, 2012

41

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)

May 11, 2012

May 11, 2012

42

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)

May 14, 2012

May 14, 2012

43

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

July 30, 2012

July 30, 2012

44

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)

July 31, 2012

July 31, 2012

45

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)

Aug. 1, 2012

Aug. 1, 2012

46

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)

Aug. 8, 2012

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) (Entered: 08/08/2012)

Aug. 8, 2012

Aug. 8, 2012

47

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

Dec. 5, 2012

Dec. 5, 2012

48

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)

Dec. 6, 2012

Dec. 6, 2012

49

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

Dec. 7, 2012

Dec. 7, 2012

Status Conference held on 12/18/2012 before Magistrate Judge Terence P. Kemp. (jv) (Entered: 12/19/2012)

Dec. 18, 2012

Dec. 18, 2012

50

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)

Dec. 21, 2012

Dec. 21, 2012

51

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)

Dec. 28, 2012

Dec. 28, 2012

52

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

April 10, 2013

April 10, 2013

53

***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)

April 10, 2013

April 10, 2013

54

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)

April 23, 2013

April 23, 2013

55

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)

April 23, 2013

April 23, 2013

56

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)

May 7, 2013

May 7, 2013

57

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

May 7, 2013

May 7, 2013

59

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)

May 22, 2013

May 22, 2013

60

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)

June 7, 2013

June 7, 2013

61

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

June 12, 2013

June 12, 2013

62

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

June 14, 2013

June 14, 2013

65

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)

Jan. 23, 2014

Jan. 23, 2014

66

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)

Jan. 23, 2014

Jan. 23, 2014

67

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)

Jan. 27, 2014

Jan. 27, 2014

68

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)

May 28, 2014

May 28, 2014

69

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)

June 3, 2014

June 3, 2014

70

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

June 25, 2014

June 25, 2014

71

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)

July 22, 2014

July 22, 2014

Status Conference held on 7/23/2014 before Magistrate Judge Terence P. Kemp. (jv) (Entered: 07/23/2014)

July 23, 2014

July 23, 2014

72

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)

Sept. 12, 2014

Sept. 12, 2014

73

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)

Sept. 15, 2014

Sept. 15, 2014

74

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)

Oct. 8, 2014

Oct. 8, 2014

75

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

Oct. 9, 2014

Oct. 9, 2014

22

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)

March 3, 2011

March 3, 2011

RECAP

Case Details

State / Territory: Ohio

Case Type(s):

Juvenile Institution

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

Washington County, Ohio (Marietta, Washington), County

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

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Declaratory Judgment

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2011 - 2014

Content of Injunction:

Hire

Training

Issues

General:

Assault/abuse by staff

Disciplinary procedures

Education

Food service / nutrition / hydration

Over/Unlawful Detention

Recreation / Exercise

Religious programs / policies

Sanitation / living conditions

Special education

Strip search policy

Discrimination-basis:

Disability (inc. reasonable accommodations)

Medical/Mental Health:

Medical care, general

Mental health care, general

Type of Facility:

Government-run