Case: Roe v. Staples

1:83-cv-01704 | U.S. District Court for the Southern District of Ohio

Filed Date: Oct. 20, 1983

Closed Date: June 27, 2016

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Case Summary

Plaintiff, a child in foster care represented by a legal aid attorney, brought suit in 1983 in U.S. District Court for the Southern District of Ohio against the Hamilton County Department of Human Services (HCDHS) and the Ohio Department of Human Services (ODHS) alleging violations of the Fourteenth Amendment and the Adoption Assistance and Child Welfare Act of 1980, 42 U.S.C. § 670 et seq. The complaint claimed that children in foster care and their parents did not receive proper pre-removal a…

In August 1984, the court certified a class, and the parties began extensive discovery. Meanwhile, the court denied the plaintiff's motion for partial summary judgment and injunctive relief against the county defendants. The parties were proceeding towards trial, but they entered into a consent decree on August 26, 1986.

The consent decree required HCDHS to develop case plans for each child in its custody; to provide procedural protections for parents; to ensure parent-child visitation was available; to provide reunification services to children and families; and to conduct a needs assessment of the agency. In a separate consent decree with ODHS, the benefits of the settlement with Hamilton County were extended statewide. Furthermore, ODHS committed to issue regulations to improve program standards for children's service agencies.

In February 1990, the plaintiffs moved for an order of contempt against the state for noncompliance. Subsequently, the state provided a corrective action plan in December 1990. In November 1991, the court appointed an expert panel to oversee the state defendant's compliance with the settlement.

In August 1992, the county entered a modified consent judgment. In May 1998, the court found that the county met the conditions of the consent judgment, and therefore the court terminated the consent judgment.

The state implemented a Child Protection Oversight and Evaluation (CPOE) system in 2000; the court suspended some measures of the consent decree while the state implemented CPOE. In 2002, the state moved to modify the consent judgment. In response, the court directed the parties to mediation and appointed an expert panel to report on the progress of the mediation. In April 2006, the Court ended the appointment of the expert panels and required the parties to submit an amended consent decree. In July 2006, the parties provided the amendments. The court ordered the Ohio Department of Jobs and Family Services to provide continuing on-site monitoring of the county agency. Additionally, the court ordered compliance with 45 C.F.R. 1357.15 through the completion of statewide needs assessments. An expert (Etta Lappen Davis) monitored compliance with the consent decree. In 2007, the court awarded attorneys' fees and costs to the plaintiffs.

There was no subsequent docket activity until April 10, 2013, when the plaintiff asked the court to order the defendants to show cause why they should not be held in contempt for alleged violations of the consent decree. The plaintiff pointed to two issues with the defendants' compliance identified in the monitor's reports. First, though the consent decree required the defendants to monitor the services that the county provided to families, the CPOE system had various issues with staffing and funding and did not cover all the important measures related to this case. Second, the consent decree required the defendants to perform a needs assessment of the county's services, but they had not done so.

The case was subsequently referred to mediation to resolve the enforcement dispute. The monitor submitted an interim report in October 2014 indicating that the monitoring issues were resolved, but the needs assessment issues were not. On April 9, 2015, the court terminated the defendants' monitoring obligations but ordered them to comply with the needs assessment obligations by the end of the year. This deadline was subsequently extended by a month.

In January 2015, the litigation was reassigned to Judge Timothy S. Black. On April 25, 2016, the monitor issued a report indicating that the defendants were compliant with the needs assessment requirement. The defendants subsequently provided the needs assessment to the state legislature to address any issues through legislation. On June 27, 2016, the court held that the defendants had complied with the consent decree and dismissed the case. It is now closed.

Summary Authors

Elizabeth Homan (12/2/2012)

Isobel Blakeway-Phillips (1/31/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/19505734/parties/roe-v-staples/

Judge(s)

Black, Timothy Seymour (Ohio)

Attorney for Plaintiff

Attorney for Defendant

Appel, Henry G. (Ohio)

Espinoza, David Joseph (Ohio)

Harper, James Warren (Ohio)

Mekhjian, Ara (Ohio)

Judge(s)

Black, Timothy Seymour (Ohio)

Attorney for Plaintiff

O'Hara, Michael Jay (Ohio)

Wassermann, Frank Joseph (Ohio)

Attorney for Defendant

Appel, Henry G. (Ohio)

Espinoza, David Joseph (Ohio)

Harper, James Warren (Ohio)

Mekhjian, Ara (Ohio)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1:83-cv-01704	Docket	Jan. 11, 2007	Jan. 11, 2007 Docket
119 1:83-cv-01704	Order	April 20, 2006	April 20, 2006 Order/Opinion
125 1:83-cv-01704	Agreed Order Roe v. Riley	July 26, 2006	July 26, 2006 Order/Opinion
127 1:83-cv-01704	Agreed Order for the Payment of (1) Expert Fees and Costs and (2) Plaintiffs' Attorneys Fees and Costs Roe v. Riley	Jan. 11, 2007	Jan. 11, 2007 Order/Opinion
128-1 1:83-cv-01704	Exhibit Interim Report 2008	April 10, 2013	April 10, 2013 Monitor/Expert/Receiver Report
128-2 1:83-cv-01704	Exhibit Interim Report 2009	April 10, 2013	April 10, 2013 Monitor/Expert/Receiver Report
128-3 1:83-cv-01704	Exhibit Interim Report 2010	April 10, 2013	April 10, 2013 Monitor/Expert/Receiver Report
128-4 1:83-cv-01704	Exhibit Interim Report 2011	April 10, 2013	April 10, 2013 Monitor/Expert/Receiver Report
128-5 1:83-cv-01704	Exhibit Interim Report 2012	April 10, 2013	April 10, 2013 Monitor/Expert/Receiver Report
144 1:83-cv-01704	Agreed Order	April 9, 2015	April 9, 2015 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/19505734/roe-v-staples/

Last updated Aug. 26, 2026, 5 a.m.

Docket for: Roe v. Staples

ECF Number	Date	Description	Link
1	Oct. 20, 1983	MOTION by plaintiff to proceed in forma pauperis () (wy) (Entered: 08/05/1992)	RECAP
2	Oct. 20, 1983	ORDER by Judge S. A. Spiegel granting motion to proceed in forma pauperis [1-1] (cc: all counsel) () (wy) (Entered: 08/05/1992)	RECAP
3	Oct. 20, 1983	CLASS ACTION COMPLAINT (Summonses issued) () (wy) (Entered: 08/05/1992)	RECAP
4	Nov. 2, 1983	RETURN OF SERVICE executed upon defendant John Cuddy, defendant Pamela Hyde, defendant Cty of Hamilton, defendant Kathleen Byrne, defendant Seth Staples on 10/26/83 (wy) (Entered: 08/05/1992)	RECAP
5	Nov. 9, 1983	MOTION by defendant John Cuddy to extend time to answer ( (wy) (Entered: 08/05/1992)	RECAP
6	Nov. 10, 1983	ORDER by Judge S. A. Spiegel granting motion to extend time to answer [5-1] (cc: all counsel) (wy) (Entered: 08/05/1992)	RECAP
7	Nov. 14, 1983	ANSWER by County defendants (wy) (Entered: 08/05/1992)	RECAP
8	Dec. 5, 1983	ANSWER by defendant John Cuddy (wy) (Entered: 08/05/1992)	RECAP
9	Feb. 10, 1984	MOTION by plaintiff to certify class action (wy) (Entered: 08/05/1992)	RECAP
10	March 5, 1984	RESPONSE by defendant John Cuddy to motion to certify class action [9-1] (wy) (Entered: 08/05/1992)	RECAP
11	March 5, 1984	STIPULATION of ext of time to respond to (9) to County Defts until 3/15/84. (wy) (Entered: 08/05/1992)	RECAP
12	March 7, 1984	RESPONSE by defendant to motion to certify class action [9-1] (wy) (Entered: 08/05/1992)	RECAP
13	March 9, 1984	STIPULATION re ext of time for pltfs to reply to (9) until 3/14/84. (wy) (Entered: 08/05/1992)	RECAP
14	March 14, 1984	REPLY by plaintiff to response to motion to certify class action [9-1] (wy) (Entered: 08/05/1992)	RECAP
15	May 7, 1984	NOTICE of hearing setting motion to certify class action [9-1] at 9:00 7/20/84 (cc: all counsel) (wy) (Entered: 08/05/1992)	RECAP
16	May 21, 1984	MOTION by defendant to stay discovery pending class certification (wy) (Entered: 08/05/1992)	RECAP
17	May 30, 1984	MOTION by plaintiff to compel production of documents (wy) (Entered: 08/05/1992)	RECAP
18	June 11, 1984	RESPONSE by plaintiff to motion to stay discovery pending class certification [16-1] (wy) (Entered: 08/05/1992)	RECAP
19	June 20, 1984	RESPONSE by defendant John Cuddy to motion to compel production of documents ( no pgs: ) (wy) (Entered: 08/05/1992)	RECAP
20	June 29, 1984	REPLY by plaintiff to response to motion to compel production of documents ( no pgs: ) (wy) (Entered: 08/05/1992)	RECAP
21	July 20, 1984	CIVIL MINUTES: Proceeding before Judge S. A. Spiegel on pltfs' mot to certify class - arguments of cousel - Submitted. (wy) (Entered: 08/05/1992)	RECAP
22	Aug. 31, 1984	ORDER by Judge S. A. Spiegel granting motion to certify class action [9-1] (cc: all counsel) (wy) (Entered: 08/05/1992)	RECAP
23	Aug. 31, 1984	ORDER by Judge S. A. Spiegel finding the motion to stay discovery pending class certification [16-1] moot. (cc: all counsel) (wy) (Entered: 08/05/1992)	RECAP
24	Sept. 7, 1984	ORDER by Judge S. A. Spiegel granting motion to compel production of documents [17-1] (cc: all counsel) (wy) (Entered: 08/05/1992)	RECAP
25	Feb. 6, 1985	MOTION by defendant Pamela Hyde, defendant Hamilton Cty Of, defendant Kathleen Byrne, defendant Seth Staples to compel production of documents (wy) (Entered: 08/05/1992)	RECAP
	Feb. 6, 1985	NOTATION ORDER by Judge Aug granting motion to compel production of documents [25-1] (cc: all counsel) (wy)
26	March 20, 1985	NOTICE setting this action for Preliminary PTC 8:30 4/23/85 (cc: all counsel) (wy) (Entered: 08/05/1992)	RECAP
27	April 12, 1985	ORDER OF REFERENCE to Magistrate Aug for Discovery purposes only; by Judge S. A. Spiegel (cc: all counsel) (wy) (Entered: 08/05/1992)	RECAP
28	April 24, 1985	PRELIMINARY PRETRIAL ORDER by Judge S. A. Spiegel ; Preliminary pretrial conf was held on 8:30 4/23/85 ; discovery cutoff ddl set for 1/1/86 ;mtn filing ddl set for 2/1/86 ; final pretrial conf set for 2:00 4/30/86 ; non-jury trial set for 8/4/86 ( no pgs: 3) (cc: all counsel) (wy) (Entered: 08/05/1992)	RECAP
29	Aug. 1, 1985	NOTICE : Case is set for FPTC ON 4/30/86 AT 2:00 P.M. (wy) (Entered: 08/05/1992)	RECAP
30	Aug. 29, 1985	ATTORNEY SUBSTITUTION: terminating Karen Leizman and substituting attorney Patricia Barry (wy) (Entered: 08/05/1992)	RECAP
31	Dec. 13, 1985	Witness list submitted by deft Patricia K. Barry. (wy) (Entered: 08/05/1992)	RECAP
32	Feb. 13, 1986	ATTORNEY SUBSTITUTION: substituting Trial Atty on behalf of deft Patricia Barry, Dept of Human Services attorney (wy) (Entered: 08/05/1992)	RECAP
33	March 12, 1986	STIPULATION for ext of time until 3/24/86 for filing of mots. for summ. J. by the parties. ( no pgs: 2) (wy) (Entered: 08/05/1992)	RECAP
34	April 16, 1986	MOTION by plaintiff for partial summary judgment and injunctive relief against County defts (wy) (Entered: 08/05/1992)	RECAP
	April 17, 1986	Deposition of Brenda Merrick (wy)
	April 17, 1986	Deposition of Kathleen Byrne (wy)
	April 17, 1986	Deposition of Jerry Judge by pltf. (wy)
	April 17, 1986	Deposition of Brenda Merrick by pltf. (wy)
35	April 21, 1986	ORDER by Judge S. A. Spiegel granting extension of time for completion of discovery; and, denying motion for partial summary judgment and injunctive relief against County defts [34-1] (cc: all counsel) (wy) (Entered: 08/05/1992)	RECAP
36	April 28, 1986	RESPONSE by defendant Pamela Hyde, defendant Hamilton Cty, defendant Kathleen Byrne, defendant Seth Staples to doc. 34. (wy) (Entered: 08/05/1992)	RECAP
37	April 29, 1986	Final Witness list submitted by plaintiff (wy) (Entered: 08/05/1992)	RECAP
38	May 9, 1986	ORDER by Judge S. A. Spiegel (cc: all counsel) this matter set for trial on 8/4/86. FPTC IS SET FOR 6/20/86 AT 2:00 P.M. (wy) (Entered: 08/05/1992)	RECAP
39	May 9, 1986	NOTICE of FPTC on 6/20/86 at 2:00 p.m. & for Jury Trial on 8/4/86 at 9:30 a.m. (wy) (Entered: 08/05/1992)	RECAP
40	May 12, 1986	STIPULATION for ext of time until 5/12/86 for pltfs to reply in support of their mot. for summ. J. (wy) (Entered: 08/05/1992)	RECAP
41	May 12, 1986	MEMORANDUM by plaintiff in support of motion for partial summary judgment and injunctive relief against County defts [34-1] (wy) (Entered: 08/05/1992)	RECAP
42	Aug. 20, 1986	MOTION by plaintiff to certify class action and to approve class settlements ( no pgs: ) (wy) (Entered: 08/05/1992)	RECAP
43	Aug. 29, 1986	ORDER by Judge S. A. Spiegel granting motion to certify class action and approving class settlements [42-1] (cc: all counsel) (wy) (Entered: 08/05/1992)	RECAP
44	Oct. 2, 1986	CIVIL MINUTES: Proceeding before Judge S. A. Spiegel on motion to approve settlement - Statements of counsel - Proposed Settlements are approved - Consent decrees will be entered - Parties to attempt to work out question of atty fees. Ct Rptr: Mary Ann Ranz (wy) (Entered: 08/05/1992)	RECAP
45	Oct. 9, 1986	ORDER by Judge S. A. Spiegel that proposed settlements/consent decrees are fair, adequate and reasonable; and are approved, terminating case (cc: all counsel) (wy) (Entered: 08/05/1992)	RECAP
46	Nov. 10, 1986	AGREED ORDER by Judge S. A. Spiegel that pltfs have until 11/28/86 to file application for attys' fees. (cc: all counsel) ( no pgs: (wy) (Entered: 08/05/1992)	RECAP
47	Nov. 28, 1986	AGREED ORDER by Judge S. A. Spiegel that pltfs shall have until 1/5/87 to file application for costs and attys' fees. (cc: all counsel) (wy) (Entered: 08/05/1992)	RECAP
48	Jan. 30, 1987	NOTICE by defendants State of Ohio of substitution of counsel. ( no pgs: 1) (wy) (Entered: 08/05/1992)	RECAP
49	Jan. 30, 1987	MOTION by defendant, State of Ohio for admission of attorney pro hac vice ( no pgs: 5) (wy) (Entered: 08/05/1992)	RECAP
	Feb. 6, 1987	NOTATION ORDER by Judge S. A. Spiegel granting motion for admission of attorney pro hac vice [49-1] (cc: all (wy)
50	Feb. 2, 1990	MOTION by plaintiff for order to show cause and other relief ( no pgs: 8) (wy) (Entered: 08/05/1992)	RECAP
51	Feb. 23, 1990	STIPULATION for ext of time until 3/18/90 re motion for order to show cause and other relief [50-1] ( no pgs: 1) (wy) (Entered: 08/05/1992)	RECAP
	March 5, 1990	NOTATION ORDER by Judge S. A. Spiegel granting motion for order to show cause and other relief [50-1] (cc: all counsel) (wy)
52	March 19, 1990	MEMORANDUM in opposition to [50-1] ; filed by deft HAIRSTON. ( no pgs: 20 +) (wy) (Entered: 08/05/1992)	RECAP
53	March 28, 1990	REPLY by plaintiff in support of mot. for order to show cause. ( no pgs: 9) (wy) (Entered: 08/07/1992)	RECAP
54	March 28, 1990	NOTICE of taking deposition of deft Hairston on 5/29/90 ( no pgs: 2) (wy) (Entered: 08/05/1992)	RECAP
	March 28, 1990	MEMORANDUM by plaintiff in support of motion for order to show cause and other relief [50-1] ( no pgs: 9) (wy)
55	April 11, 1990	NOTICE by defendant of taking deposition of Frank J. Wasserman on 5/29/90 ( no pgs: 2) (wy) (Entered: 08/05/1992)	RECAP
56	April 12, 1990	MEMORANDUM by defendant in opposition to pltfs' mot. for judgment on the pleadings. ( no pgs: 4) (wy) (Entered: 08/05/1992)	RECAP
57	April 17, 1990	REPLY by plaintiff in support of mot. for judgment on the pleadings. ( no pgs: 4) (wy) (Entered: 08/05/1992)	RECAP
58	April 20, 1990	MOTION by plaintiff for order compelling discovery ( no pgs: 4) (wy) (Entered: 08/05/1992)	RECAP
	April 20, 1990	Deposition of SUSAN SCHIFF. (wy)
59	April 24, 1990	RETURN OF SERVICE of supa served on Frank Wasserman. ( no pgs: 1) (wy) (Entered: 08/05/1992)	RECAP
60	April 27, 1990	MOTION by plaintiff for protective order to quash supa deposition of pltf ( no pgs: 10) (wy) (Entered: 08/05/1992)	RECAP
61	May 7, 1990	NOTICE : Case set for Hearing at 11:00 am on June 1, 1990. ( no pgs: 1) (wy) (Entered: 08/05/1992)	RECAP
62	May 11, 1990	MOTION by plaintiff for protective order ( no pgs: 5) (wy) (Entered: 08/05/1992)	RECAP
63	May 18, 1990	NOTICE that case has been set by Magistrate Sherman for hearing on discovery motions on 5/29/90 at 10:00 a.m. ( no pgs: 1) (wy) (Entered: 08/05/1992)	RECAP
64	May 18, 1990	RESPONSE by defendant to motion for protective order [62-1] ( no pgs: 7) (wy) (Entered: 08/05/1992)	RECAP
65	May 18, 1990	Submission of a corrective action plan by deft Hairston. (wy) (Entered: 08/05/1992)	RECAP
66	May 22, 1990	REPLY by plaintiff to response to motion for protective order to quash supa deposition of pltf [60-1] ( no pgs: 3) (wy) (Entered: 08/05/1992)	RECAP
	May 22, 1990	Deposition of Annette Justice. (wy)
	May 29, 1990	Deposition of Jean Schafer (wy)
67	June 1, 1990	CIVIL MINUTES: Proceeding before Mag. Judge Jack Sherman for hearing on pltf's mots. to compel & for protective order; and, on defts mot. for protective order. Pltf's mots. were granted; defts mot. was denied. Entry to come. Ct.Rptr: Julie Patrick. ( no pgs: 1) (wy) (Entered: 08/05/1992)	RECAP
68	June 4, 1990	ORDER by Judge S. A. Spiegel that status conference is cont'd until 9/4/90 at 4:00 p.m.. (cc: all counsel) ( no pgs: 1) (wy) (Entered: 08/05/1992)	RECAP
69	June 7, 1990	TRANSCRIPT filed of proceedings held before J. Sherman on 6/1/90. (wy) (Entered: 08/05/1992)	RECAP
70	June 25, 1990	TRANSCRIPT of proceedings before J. Sherman on 5/29/90; filed (wy) (Entered: 08/05/1992)	RECAP
71	June 25, 1990	ORDER by Mag. Judge Jack Sherman granting motion for protective order [62-1], denying motion for protective order to quash supa deposition of pltf [60-1], granting motion for order compelling discovery [58-1] (cc: all counsel) ( no pgs: 2) (wy) (Entered: 08/05/1992)	RECAP
72	Aug. 2, 1990	ORDER by Mag. Judge Jack Sherman that pltf's mot. to compel is GRANTED. Defts' mot. for protective order is DENIED. (cc: all counsel) ( no pgs: 2) (wy) (Entered: 08/07/1992)	RECAP
73	Aug. 13, 1990	Objections to Magistrate's Order [72-1] by defendant HAIRSTON. (wy) (Entered: 08/07/1992)	RECAP
74	Aug. 15, 1990	STATEMENT OF COMPLIANCE PLAN UPDATE submitted by defendant, HAIRSTON ( no pgs: 6 + exhibits.) (wy) Modified on 08/07/1992 (Entered: 08/07/1992)	RECAP
75	Aug. 16, 1990	MOTION by defendant HAIRSTON to amend submission of compliance up date ( no pgs: 4) (wy) (Entered: 08/07/1992)	RECAP
	Aug. 18, 1990	NOTATION ORDER by Judge S. A. Spiegel granting motion to amend [75-1] (cc: all counsel) (wy)
76	Aug. 24, 1990	RESPONSE by plaintiff to objections to Report and Recommendation ( no pgs: 4) (wy) (Entered: 08/07/1992)	RECAP
77	Oct. 18, 1990	SUBMISSION of Amended Compliance Plan Update by defendant HAIRSTON re motion to amend submission of compliance up date [75-1] ( no pgs: 4) (wy) Modified on 05/24/1994 (Entered: 08/07/1992)	RECAP
78	Oct. 19, 1990	ORDER by Judge S. A. Spiegel AFFIRMING MAGISTRATE's order [72-1] (cc: all counsel) ( no pgs: 10) (wy) (Entered: 08/07/1992)	RECAP
79	Oct. 24, 1990	MOTION by defendant HAIRSTON for protective order ( no pgs: 7) (wy) (Entered: 08/07/1992)	RECAP
80	Oct. 26, 1990	ORDER by Judge S. A. Spiegel - defts to submit FINAL COMPREHENSIVE COMPLIANCE PLAN by 12/31/90. (cc: all counsel) ( no pgs: 3) (wy) (Entered: 08/07/1992)	RECAP
81	Oct. 30, 1990	MOTION by plaintiff to compel discovery ( no pgs: 5) (wy) (Entered: 08/07/1992)	RECAP
82	Nov. 14, 1990	RESPONSE by defendant to motion to compel discovery [81-1] ( no pgs: 5) (wy) (Entered: 08/07/1992)	RECAP
83	Dec. 20, 1990	MOTION by defendant Pamela Hyde to continue ( no pgs: 3) (wy) (Entered: 08/07/1992)	RECAP
84	Dec. 28, 1990	STATUS REPORT OF UPDATE TO CORRECTIVE ACTION PLAN by defendant Pamela Hyde ( no pgs: 9) (wy) (Entered: 08/07/1992)	RECAP
86	Jan. 14, 1991	STIPULATION tht deft agrees to reimburse pltfs' expenses incurred per Exhibit attached. ( no pgs: 4) (wy) (Entered: 08/07/1992)	RECAP
85	Jan. 18, 1991	NOTICE that cae set for hearing on discovery matters on 2/14/91 at 10:00 a.m. ( no pgs: 1) (wy) (Entered: 08/07/1992)	RECAP
87	Feb. 14, 1991	Stipulation and ORDER: withdrawing motion to continue [83-1], withdrawing motion compel discovery [81-1], withdrawing motion for protective order [79-1], withdrawing appeal motion Objections to Magistrate's Order [72-1] [73-1] (cc: all counsel) ( no 5) (wy) (Entered: 08/07/1992)	RECAP
88	April 9, 1991	NOTICE of status conference at 3:00 pm on 4/25/91. cmtc ( no pgs: 1) (wy) (Entered: 08/07/1992)	RECAP