Case: Hughes v. District of Columbia

1:06-cv-02203 | U.S. District Court for the District of Columbia

Filed Date: Dec. 14, 2006

Closed Date: 2008

Clearinghouse coding complete

Case Summary

On December 14, 2006, two female former inmates of the Correctional Treatment Facility (CTF) in Washington, D.C. filed suit in the U.S. District Court for the District of Columbia against the District of Columbia. The plaintiffs, represented by public interest counsel, sought damages for violations of their constitutional rights under the Fourth, Fifth, Eighth, and Ninth Amendments to the Constitution. Plaintiffs claimed that they were each sexually assaulted by CTF staff and that CTF failed …

On December 14, 2006, two female former inmates of the Correctional Treatment Facility (CTF) in Washington, D.C. filed suit in the U.S. District Court for the District of Columbia against the District of Columbia. The plaintiffs, represented by public interest counsel, sought damages for violations of their constitutional rights under the Fourth, Fifth, Eighth, and Ninth Amendments to the Constitution. Plaintiffs claimed that they were each sexually assaulted by CTF staff and that CTF failed to protect their safety through negligent hiring practices, inadequate safety training, ineffective assault reporting mechanisms, and failure to enforce policies to minimize the risk of sexual assaults, including supervision of staff-inmate interaction and ineffective investigative and disciplinary action in response to allegations of sexual assault.

On April 9, 2002, one of the plaintiffs was being escorted back from a court hearing when she alleged she was taken by a corrections officer to a staff bathroom, where he raped and sexually assaulted her. A few days later, the same corrections officer repeated his rape and assault. The officer later attempted to touch the plaintiff in a sexual manner, but the plaintiff was able to fend off his advances. Over the subsequent period, the plaintiff suffered panic attacks, but she was not provided with treatment and she had difficulty getting her complaint investigated. The male officer was eventually terminated for an unrelated incident. On December 25, 2003, the second plaintiff was taken by a male corrections officer to a broom closet, where he raped and sexually assaulted her. The plaintiff called the DC Dept. of Corrections sexual misconduct hotline and an investigation was begun. When the officer was placed on paid suspension, the allegations became common knowledge among the officers, which resulted in rumors and attempts to determine the plaintiff's identity. The officer resigned before the investigation was completed.

The plaintiffs entered a motion on December 14, 2006 to proceed under pseudonyms, which was initially granted but eventually denied on November 16, 2007 by Judge Ellen Huvelle. After some other discovery disputes, the parties reached a closed settlement on October 21, 2008.

Summary Authors

Jesse Stricklan (3/31/2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4206242/parties/hughes-v-district-of-columbia/

Judge(s)

Huvelle, Ellen Segal (District of Columbia)

Attorneys(s) for Plaintiff

Cohen, Ellen Connelly (District of Columbia)

Fornaci, Phillip Jerome (District of Columbia)

Golden, Deborah Maxine (District of Columbia)

Hill , Thomas C. (District of Columbia)

McDonald, Ashley (District of Columbia)

Attorneys(s) for Defendant

Bravo, Mariana Del Valle (District of Columbia)

Frost, Shana Lyn (District of Columbia)

Halvorson, Rachel Love (Arizona)

Maloney, Paul J. (District of Columbia)

Judge(s)

Huvelle, Ellen Segal (District of Columbia)

Attorneys(s) for Plaintiff

Cohen, Ellen Connelly (District of Columbia)

Fornaci, Phillip Jerome (District of Columbia)

Golden, Deborah Maxine (District of Columbia)

Hill , Thomas C. (District of Columbia)

McDonald, Ashley (District of Columbia)

Attorneys(s) for Defendant

Bravo, Mariana Del Valle (District of Columbia)

Frost, Shana Lyn (District of Columbia)

Halvorson, Rachel Love (Arizona)

Maloney, Paul J. (District of Columbia)

Murray, Dwight D. (District of Columbia)

Struck, Daniel Patrick (Arizona)

Other Attorney(s)

Holsman, Jennifer L. (Arizona)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Document

Docket [PACER]

Oct. 24, 2008 Docket
3

Complaint

Dec. 12, 2006 Complaint
58

Order [Dismissing Case in Light of Settlement]

Oct. 21, 2008 Order/Opinion

Resources

Title Description External URL

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4206242/hughes-v-district-of-columbia/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

MOTION to proceed under pseudonym as "Jane Doe" and "Jane Roe" by JANE DOE, JANE ROE. (jf, )

Dec. 14, 2006 RECAP
2

ORDER granting [1] MOTION to proceed under pseudonym as "Jane Doe" and "Jane Roe" . Signed by Chief Judge Thomas F. Hogan on 12/14/06. (jf, )

Dec. 14, 2006 RECAP
3

COMPLAINT against ELRY MCKNIGHT, JOHN GANT, DISTRICT OF COLUMBIA, CORRECTIONS CORPORATION OF AMERICA, INC. ( Filing fee $ 350 receipt number 4616001177.)filed by JANE DOE, JANE ROE. (Attachments: # (1) Civil Cover Sheet)(jf, )

Dec. 14, 2006 RECAP
4

NOTICE OF RELATED CASE by JANE DOE, JANE ROE. Case related to: Case No. 06-2103. (jf, )

Dec. 14, 2006 RECAP
5

MOTION for Protective Order by JANE DOE, JANE ROE. (Attachments: # (1) Text of Proposed Order)(jf, )

Dec. 14, 2006 RECAP
7

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ELRY MCKNIGHT served on 1/9/2007, answer due 1/29/2007; DISTRICT OF COLUMBIA served on 12/29/2006 (and 1/3/2007), answer due 1/18/2007; CORRECTIONS CORPORATION OF AMERICA, INC. served on 12/29/2006, answer due 1/18/2007 (Attachments: # (1) Attachment 1 - Affidavits of Service)(nmw, )

Jan. 17, 2007 RECAP
6

Consent MOTION for Extension of Time to File a Response to the Complaint by DISTRICT OF COLUMBIA. (Attachments: # (1) Text of Proposed Order)(Frost, Shana)

Jan. 18, 2007 RECAP
8

ANSWER to Complaint with Jury Demand by CORRECTIONS CORPORATION OF AMERICA, INC.. Related document: [3] Complaint filed by JANE DOE,, JANE ROE,.(Struck, Daniel)

Feb. 1, 2007 RECAP
9

DEMAND for Trial by Jury by CORRECTIONS CORPORATION OF AMERICA, INC.. (Struck, Daniel)

Feb. 1, 2007 RECAP
10

ORDER setting Initial Scheduling Conference for March 14, 2007 at 9:30 a.m. Signed by Judge Ellen S. Huvelle on 2/2/2007. (KF)

Feb. 2, 2007 RECAP
11

NOTICE of Appearance by Jennifer L. Holsman on behalf of CORRECTIONS CORPORATION OF AMERICA, INC. (Holsman, Jennifer)

Feb. 2, 2007 RECAP
12

ANSWER to Complaint by ELRY MCKNIGHT. Related document: [3] Complaint filed by JANE DOE,, JANE ROE,.(jf, )

Feb. 5, 2007 RECAP
13

MOTION to Appoint Counsel by ELRY MCKNIGHT. (jf, )

Feb. 5, 2007 RECAP
14

Consent MOTION for Extension of Time to Week of April 2, 2007, For Initial Scheduling Conference by JANE DOE, JANE ROE. (Attachments: # (1) Text of Proposed Order)(McDonald, Ashley)

Feb. 9, 2007 RECAP
15

ANSWER to Complaint with Jury Demand by ELRY MCKNIGHT. Related document: [3] Complaint filed by JANE DOE,, JANE ROE,.(Murray, Dwight)

Feb. 16, 2007 RECAP
16

MOTION for Extension of Time to File Responsive Pleading by DISTRICT OF COLUMBIA, CORRECTIONS CORPORATION OF AMERICA, INC.. (Attachments: # (1) Text of Proposed Order Proposed Order)(Holsman, Jennifer)

Feb. 22, 2007 RECAP
17

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. JOHN GANT served on 2/11/2007, answer due 3/5/2007 (Attachments: # (1) Exhibit Affidavit of Proof of Service)(McDonald, Ashley)

Feb. 27, 2007 RECAP
18

MOTION to Dismiss by DISTRICT OF COLUMBIA. (Attachments: # (1) # (2))(Holsman, Jennifer)

March 5, 2007 RECAP
19

Memorandum in opposition to re [18] MOTION to Dismiss filed by JANE DOE, JANE ROE. (Attachments: # (1) Text of Proposed Order Order Denying Motion to Dismiss)(McDonald, Ashley)

March 19, 2007 RECAP
20

NOTICE of Appearance by Mariana del Valle Bravo on behalf of CORRECTIONS CORPORATION OF AMERICA, INC. (Bravo, Mariana) Modified on 3/20/2007 (tg, ).

March 20, 2007 RECAP
21

NOTICE of Appearance by Paul J. Maloney on behalf of CORRECTIONS CORPORATION OF AMERICA, INC. (Maloney, Paul)

March 20, 2007 RECAP
22

MEET AND CONFER STATEMENT. (McDonald, Ashley)

March 21, 2007 RECAP
23

Memorandum in opposition to re [5] MOTION for Protective Order and Motion to Reconsider Order Allowing Plaintiffs to Proceed Under Pseudonym filed by DISTRICT OF COLUMBIA, CORRECTIONS CORPORATION OF AMERICA, INC.. (Attachments: # (1) Exhibit Newspaper Article# (2) Exhibit filed under seal)(Maloney, Paul)

March 26, 2007 RECAP
24

Unopposed MOTION for Extension of Time to File Response/Reply as to [18] MOTION to Dismiss by DISTRICT OF COLUMBIA (Attachments: # (1) Text of Proposed Order)(Struck, Daniel)

March 28, 2007 RECAP
25

ENTERED IN ERROR.....REPLY to opposition to motion re [18] MOTION to Dismiss Defendant District of Columbia's Reply Memorandum in Support of its Motion to Dismiss filed by DISTRICT OF COLUMBIA. (Bojanowski, Timothy) Modified on 4/2/2007 (jf, ).

March 30, 2007 RECAP
26

REPLY to opposition to motion re [18] MOTION to Dismiss filed by DISTRICT OF COLUMBIA. (Struck, Daniel)

April 2, 2007 RECAP
27

Unopposed MOTION for Protective Order by JANE DOE, JANE ROE (Attachments: # (1) Attachment A# (2) Text of Proposed Order)(McDonald, Ashley)

April 10, 2007 RECAP
28

PROTECTIVE ORDER setting forth procedures for handling confidential material; allowing designated material to be filed under seal. Signed by Judge Ellen S. Huvelle on 4/10/07. (gdf)

April 10, 2007 RECAP
29

ORDER REFERRING CASE to Magistrate Judge Alan Kay for settlement discussions to take place in July 2007. Signed by Judge Ellen S. Huvelle on 4/11/2007. (lcesh2)

April 11, 2007 RECAP
30

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. JOHN GANT served on 4/11/2007 (Attachments: # (1) Affidavit)(McDonald, Ashley)

April 16, 2007 RECAP
31

Separate ANSWER to Complaint with Jury Demand by DISTRICT OF COLUMBIA. Related document: [3] Complaint filed by JANE DOE, JANE ROE.(Struck, Daniel)

April 16, 2007 RECAP
32

DEMAND for Trial by Jury by DISTRICT OF COLUMBIA. (Struck, Daniel)

April 16, 2007 RECAP
33

SCHEDULING ORDER: Settlement Conference set for 7/10/2007, at 10:30 AM in Chambers before Magistrate Judge Alan Kay. Signed by Magistrate Judge Alan Kay on 04/17/07. (DM)

April 17, 2007 RECAP
34

MOTION for Leave to Appear Pro Hac Vice for Rachel Love Halvorson by DISTRICT OF COLUMBIA, CORRECTIONS CORPORATION OF AMERICA, INC. (Attachments: # (1) Exhibit Declaration of R Halvorson with Cert from State of Arizona)(Maloney, Paul)

April 24, 2007 RECAP
35

Joint MOTION for Protective Order by DISTRICT OF COLUMBIA, CORRECTIONS CORPORATION OF AMERICA, INC. (Attachments: # (1) Text of Proposed Order (Proposed) Protective Order)(Holsman, Jennifer)

May 24, 2007 RECAP
36

PROTECTIVE ORDER Re: [35] Motion for Protective Order. Signed by Judge Ellen S. Huvelle on 5/29/07. (mpt, )

May 29, 2007 RECAP
37

RULE 26a1 STATEMENT. (Murray, Dwight)

July 9, 2007 RECAP
38

ANSWER to Complaint with Jury Demand by JOHN GANT. Related document: [3] Complaint filed by JANE DOE, JANE ROE.(Murray, Dwight)

July 9, 2007 RECAP
39

NOTICE by ELRY MCKNIGHT, JOHN GANT (Attachments: # (1) Civil Cover Sheet Praecipe# (2) Supplement Initial Disclosure Statement Supplement)(Murray, Dwight)

July 12, 2007 RECAP
40

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Rachel Love Halvorson, :Firm- Jones Skelton & Hochuli, PLC, :Address- 2901 North Central Avenue, Suite 800, Phoenix, Arizona 85012. Phone No. - 602-263-1700. Fax No. - 602-263-1784 by DISTRICT OF COLUMBIA, CORRECTIONS CORPORATION OF AMERICA, INC. (Attachments: # (1) Exhibit Delcaration# (2) Exhibit Certificate of good standing# (3) Text of Proposed Order)(Maloney, Paul)

July 20, 2007 RECAP
41

MOTION for Mediation Pursuant to LCvR 84.4(a)(2) by DISTRICT OF COLUMBIA, CORRECTIONS CORPORATION OF AMERICA, INC. (Attachments: # (1) Text of Proposed Order Proposed Order)(Struck, Daniel)

Aug. 1, 2007 RECAP
42

NOTICE of Appearance by Thomas C. Hill on behalf of JANE DOE, JANE ROE (Hill, Thomas)

Aug. 7, 2007 RECAP
43

ENTERED IN ERROR.....NOTICE OF NAME CHANGE by DISTRICT OF COLUMBIA, CORRECTIONS CORPORATION OF AMERICA, INC. (Struck, Daniel) Modified on 8/29/2007 (jf, ).

Aug. 29, 2007 RECAP
44

TRANSCRIPT of Hearing held on April 22, 2007 before Judge Ellen Segal Huvelle. Court Reporter: Lisa Walker Griffith. The public may view the document in the Clerk's Office between the hours of 9:00 a.m. and 4:00 p.m, Monday through Friday. (jf, )

Sept. 24, 2007 PACER
45

MOTION Telephonic Appearance re Order on Motion for Mediation,, for Status Hearing Set for 11/1/07 by DISTRICT OF COLUMBIA, CORRECTIONS CORPORATION OF AMERICA, INC. (Attachments: # (1) Text of Proposed Order)(Holsman, Jennifer)

Oct. 29, 2007 RECAP
46

Memorandum in opposition to re [1] MOTION to proceed under pseudonym as "Jane Doe" and "Jane Roe" (Renewed) filed by DISTRICT OF COLUMBIA, CORRECTIONS CORPORATION OF AMERICA, INC.. (Attachments: # (1) Statement of Facts # (2) Text of Proposed Order)(Struck, Daniel)

Oct. 31, 2007 RECAP
47

ORDER REFERRING CASE to Magistrate Judge Alan Kay for resolution of all discovery disputes. Signed by Judge Ellen S. Huvelle on 11/1/2007. (lcesh2)

Nov. 1, 2007 RECAP
48

SCHEDULING ORDER: Plaintiffs' Rule 26a2 due by 9/2/2008; defendants' Rule 26a2 due by 10/2/2008; all discovery due by 12/8/2008; status conference set for 12/12/2008 at 9:30 a.m. in Courtroom 14 before Judge Ellen S. Huvelle. Signed by Judge Ellen S. Huvelle on 11/1/2007. (lcesh2)

Nov. 1, 2007 RECAP
49

Memorandum in opposition to re [1] MOTION to proceed under pseudonym as "Jane Doe" and "Jane Roe" (Amended) filed by DISTRICT OF COLUMBIA, CORRECTIONS CORPORATION OF AMERICA, INC.. (Attachments: # (1) Statement of Facts # (2) Text of Proposed Order)(Struck, Daniel)

Nov. 1, 2007 RECAP
50

NOTICE of Filing Exhibits Under Seal by DISTRICT OF COLUMBIA, CORRECTIONS CORPORATION OF AMERICA, INC. re [49] Memorandum in Opposition, (Attachments: # (1) Exhibit Cover Sheet Stamped by the Clerk)(Struck, Daniel)

Nov. 19, 2007 RECAP
51

NOTICE of Appearance by Ellen Connelly Cohen on behalf of JANE DOE, JANE ROE (Cohen, Ellen)

Dec. 21, 2007 RECAP
52

MOTION Motion to Update Caption by DISTRICT OF COLUMBIA, CORRECTIONS CORPORATION OF AMERICA, INC. (Attachments: # (1) Text of Proposed Order Proposed Order)(Holsman, Jennifer)

Jan. 14, 2008 RECAP
53

NOTICE OF WITHDRAWAL OF APPEARANCE as to MELLISSA HUGHES, LILIANA BRITO. Attorney Ashley McDonald terminated. (McDonald, Ashley)

May 2, 2008 RECAP
54

ORDER REFERRING CASE to Magistrate Judge Alan Kay for settlement discussions to begin on or about September 1, 2008. Signed by Judge Ellen S. Huvelle on 8/20/2008. (VT)

Aug. 20, 2008 RECAP
55

CASE REFERRED to Magistrate Judge Alan Kay for Settlement purposes. (ls, )

Aug. 20, 2008 RECAP
56

Joint MOTION to Stay Deposition Discovery and Vacate All Discovery Deadlines Pending Outcome of Settlement Conference by ELRY MCKNIGHT, JOHN GANT, MELLISSA HUGHES, LILIANA BRITO, DISTRICT OF COLUMBIA, CORRECTIONS CORPORATION OF AMERICA, INC. (Attachments: # (1) Memorandum in Support, # (2) Text of Proposed Order)(Cohen, Ellen)

Sept. 1, 2008 RECAP

State / Territory: District of Columbia

Case Type(s):

Jail Conditions

Key Dates

Filing Date: Dec. 14, 2006

Closing Date: 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Female inmates at the Correctional Treatment Facility in Washington, D.C. who were sexually assaulted by correctional officers.

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

District of Columbia (District of Columbia, District of Columbia), City

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

General:

Conditions of confinement

Failure to discipline

Failure to supervise

Failure to train

Sex w/ staff; sexual harassment by staff

Affected Gender:

Female

Medical/Mental Health:

Medication, administration of

Type of Facility:

Non-government for profit