Case: Adams & Knights v. Kentucky

3:14-cv-00001 | U.S. District Court for the Eastern District of Kentucky

Filed Date: Jan. 1, 2014

Closed Date: Dec. 24, 2020

Clearinghouse coding complete

Case Summary

On January 1, 2014, deaf and hard of hearing prisoners in the Kentucky prison system filed a lawsuit in the U.S. District Court for the Eastern District of Kentucky on behalf of themselves and those similarly situated against the Commonwealth of Kentucky, the Kentucky Department of Corrections, several other departments of the Commonwealth of Kentucky. Plaintiffs, represented by private counsel and by the Washington Lawyers' Committee Prisoners Rights Project, alleged violations of the America…

On January 1, 2014, deaf and hard of hearing prisoners in the Kentucky prison system filed a lawsuit in the U.S. District Court for the Eastern District of Kentucky on behalf of themselves and those similarly situated against the Commonwealth of Kentucky, the Kentucky Department of Corrections, several other departments of the Commonwealth of Kentucky. Plaintiffs, represented by private counsel and by the Washington Lawyers' Committee Prisoners Rights Project, alleged violations of the Americans with Disabilities Act, the Rehabilitation Act, and the First Amendment, and asked the court for preliminary injunctive relief, certification as a class action, declaratory and injunctive relief, compensatory and punitive damages.

Specifically, plaintiffs alleged that the defendants discriminated against them by denying or reducing the plaintiffs' access to telecommunication equipment such as Telecommunication Devices for the Deaf (TDD) and videophones that would allow them to communicate with their friends, family and attorneys outside of the prison system. Plaintiffs who use American Sign Language were denied interpretive service resulting in the denial of governmental services like educational, employment training and opportunities, and heath care programs on the basis of their disability. Plaintiffs were also denied translation services during religious ceremonies and were not provided with an effective means of receiving prison announcements. Lastly, plaintiffs claimed that defendants failed to provide them with interpreters or other aids at disciplinary hearings, thereby denying them the right to hear the charges against them and defend themselves.

The parties reached a settlement and appointed a monitor and the court approved on June 24, 2015. The settlement required the Kentucky Department of Corrections (KDOC) to ensure a full and equal access to all services and accommodations; assign a staff member at each KDOC adult institution as an ADA coordinator; during initial intake provide effective communication, hearing assessment, and auxiliary aids and services in the form of qualified interpreters, etc.; ensure staff awareness through identification cards; provide deaf inmates with interpretation of materials; provide deaf inmates with a schedule showing when interpretation services are available; ensure deaf and hard of hearing inmates get equal access to on-site and off-site medical care, various programs, work assignments, religious services, any meetings relating to transfer and classification matters; provide interpretation for disciplinary proceedings, announcements, alarms and any other information audibly conveyed to the inmates; provide telecommunication devices and other adequate technology devices; and train KDOC employees on the implementation of new policies.

The settlement was scheduled to last 5 years, and provided for appointment of a monitor, Margo Schlanger. In February 2016, the monitor filed her first semi-annual report. The report stated that the payment to plaintiff and plaintiff's counsel was made; the requirement of hiring ADA Coordinators were nearly compliant; videophone installation is apparently compliant; free access to videophone, provision of qualified interpreters for unscheduled medical emergencies, and provision of qualified interpreters for disciplinary hearings were unclear; informational materials were partially compliant; the routine and situational reporting were difficult or partially noncompliant; and training was noncompliant.

In December 2016, the monitor filed her second semi-annual report. This one included in-depth discussion of needed improvements at 8 of the prisons, and proposed training for officers and staff.

In May 2017, the monitor filed her third semi-annual report. It discussed ongoing compliance challenges, and included several appendices:

  • I. Settlement Agreement
  • II. ADA staff computer-based-training
  • III. ADA Coordinator training
  • IV. Site visit report for Dec. 2016 and Feb. 2017 visits, with exhibits, included aggregated recommendations
  • V. Recommended forms
  • VI. April 2017 quarterly reporting request

The fourth semi-annual status report, filed in November 2017, focused on hearing aids. The report concluded that the process for meeting inmate audiology concerns has improved but still needs further progress.

The fifth semi-annual status report, filed December 2018, explained the state's new audiology policy, and focused on a self-auditing pilot.

The sixth semi-annual status report, filed April 2019, summarized that while progress was being made, problems remained:

Some institutions have implemented a timely and effective audiology process, managed interpretive services effectively, and even worked on improving communication with hard-of-hearing inmates by providing new amplification devices. That said, the most recent self-reporting cycle reveals the widespread continuation of two different kinds of problems. Procedurally, some institutions continue to struggle with keeping and sharing the records needed to comply with the agreement and to check on that compliance, including when I make requests for follow-up. And substantively, self-reporting and follow-ups reveal crucial areas of compliance weakness—areas that I have seen and described consistently in several prior reports, as many as three years ago. These include:

• Identification, tracking, and reporting of inmates who are deaf/hard-of-hearing

• Ensuring prompt and accurate provision of audiology services

• Providing interpretation, both in-person and remote

• Providing videophone services.

The seventh semi-annual report, filed December 2019, made numerous recommendations to KDOC about continuing issues, and included the department's responses as an exhibit. The eighth semi-annual report, filed May 2020, tracked (and included) responses to those recommendations.

The settlement term was set to expire in July 2020, but the parties agreed in a joint filing dated August 3, 2020, to extend it for six months. Monitoring therefore continues through the end of 2020. On December 16, 2020, the monitor filed the 9th semi-annual report, which found significant improvement. It included training presentations that had been provided by the monitor in October 2020, and stated:

In this current filing, although the COVID pandemic has created real obstacles, I am pleased to report yet more progress. I cannot say that each KDOC prison is complying with each and every settlement agreement provision. However, compliance with many of the ADA/Settlement Agreement requirements has been accomplished. And I believe there is now a system in place that can—if the prison authorities so choose—succeed in maintaining that compliance and in solving remaining problems. In order to assist in that process, I continue to offer recommendations for the period after the settlement term closes.

Summary Authors

Brian Kempfer (3/10/2014)

Soojin Cha (6/23/2016)

Virginia Weeks (3/23/2018)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/14384786/parties/adams-v-commonwealth-of-kentucky/


Judge(s)

Atkins, Edward B. (Kentucky)

Van Tatenhove, Gregory Frederick (Kentucky)

Attorneys(s) for Plaintiff

Ansley, W. Sutton (District of Columbia)

Bathurst, Camille (Kentucky)

Belzley, Gregory A. (Kentucky)

Echemendia, Kristen M. (District of Columbia)

Garthe, Zachary C. (District of Columbia)

Golden, Deborah Maxine (District of Columbia)

Goodman, Sarah M. (District of Columbia)

McCarthy, Patrick T. (New York)

Judge(s)

Atkins, Edward B. (Kentucky)

Van Tatenhove, Gregory Frederick (Kentucky)

Attorneys(s) for Plaintiff

Ansley, W. Sutton (District of Columbia)

Bathurst, Camille (Kentucky)

Belzley, Gregory A. (Kentucky)

Echemendia, Kristen M. (District of Columbia)

Garthe, Zachary C. (District of Columbia)

Golden, Deborah Maxine (District of Columbia)

Goodman, Sarah M. (District of Columbia)

McCarthy, Patrick T. (New York)

Miller, Ralph I. (District of Columbia)

Mincberg, Elliot M. (District of Columbia)

Murphy, Kristen (District of Columbia)

Attorneys(s) for Defendant

Dunham, Angela T. (Kentucky)

Henning, J. Todd (Kentucky)

Expert/Monitor/Master

Schlanger, Margo (District of Columbia)

Documents in the Clearinghouse

Document

3:14-cv-00001

Docket [PACER]

Adams v. Commonwealth of Kentucky

Aug. 3, 2020

Aug. 3, 2020

Docket
1

3:14-cv-00001

Complaint

Adams v. Commonwealth of Kentucky

Jan. 1, 2014

Jan. 1, 2014

Complaint
38-35

3:14-cv-00001

Expert Report of Dennis Cokely

Adams & Knights v. the Commonwealth of Kentucky

Sept. 16, 2014

Sept. 16, 2014

Monitor/Expert/Receiver Report
38-1

3:14-cv-00001

Expert Report of Richard Lorenzo Ray

Adams & Knights v. the Commonwealth of Kentucky

Sept. 16, 2014

Sept. 16, 2014

Monitor/Expert/Receiver Report
42

3:14-cv-00001

Amended Complaint

Adams v. Commonwealth of Kentucky

Oct. 1, 2014

Oct. 1, 2014

Complaint
48

3:14-cv-00001

Motion to Dismiss on Behalf of Bobbie Underwood

Adams v. Commonwealth of Kentucky

Oct. 30, 2014

Oct. 30, 2014

Pleading / Motion / Brief
50

3:14-cv-00001

Motion to Dismiss on Behalf of Gary Beckstrom, Don Bottoms, Alan Brown, Janet Conover, Steve Haney, Kathy Litteral, Joseph Meko, Ravonne Sims, and Steve Woodward

Adams v. Commonwealth of Kentucky

Oct. 30, 2014

Oct. 30, 2014

Pleading / Motion / Brief
49

3:14-cv-00001

Answer to Amended Complaint

Adams v. Commonwealth of Kentucky

Oct. 30, 2014

Oct. 30, 2014

Pleading / Motion / Brief
81-1

3:14-cv-00001

Settlement Agreement

Adams v. Kentucky

June 24, 2015

June 24, 2015

Settlement Agreement
81

3:14-cv-00001

Consent Judgment

Adams v. Commonwealth of Kentucky

June 24, 2015

June 24, 2015

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/14384786/adams-v-commonwealth-of-kentucky/

Last updated Aug. 2, 2022, 3:15 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT with Jury Demand referred to Judge PSO. ( Filing fee $400; receipt number 0643-2835510), filed by Oscar Adams, Michael Knights. (Attachments: # 1 Summons, # 2 Case Assignment, # 3 Civil Cover Sheet)(AKR) (Entered: 01/02/2014)

1 Summons

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2 Case Assignment

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3 Civil Cover Sheet

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Jan. 1, 2014

Jan. 1, 2014

Clearinghouse
2

Summons Issued as to J. Michael Brown, Commonwealth of Kentucky, Jim Erwin, Paula Holden, Gregory Howard, Kentucky Department of Corrections, Kentucky Justice and Public Safety Cabinet, Kimberly Potter-Blair, Clark Taylor, LaDonna Thompson, Randy White; Summons issued and returned to counsel electronically. (AKR) (Entered: 01/03/2014)

Jan. 1, 2014

Jan. 1, 2014

PACER

Case no longer referred to PSO, per Judge's chambers. (AKR)

Jan. 1, 2014

Jan. 1, 2014

PACER

Conflict Check run. (AKR)

Jan. 3, 2014

Jan. 3, 2014

PACER
3

NOTICE TO ATTORNEY Camille Bathurst by Clerk re: L.R. 83- Attorney Admission procedure w/ a copy of L.R. 83 and Attorney Admission Application & ECF Registration Form. (Attachments: # 1 Attorney Data Form)(AKR) (Entered: 01/06/2014)

1 Attorney Data Form

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Jan. 6, 2014

Jan. 6, 2014

PACER
4

NOTICE TO ATTORNEY Deborah Golden by Clerk re: L.R. 83- Attorney Admission procedure w/ a copy of L.R. 83 and Attorney Admission Application & ECF Registration Form. (Attachments: # 1 Attorney Data Form)(AKR) (Entered: 01/06/2014)

1 Attorney Data Form

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Jan. 6, 2014

Jan. 6, 2014

PACER
5

NOTICE TO ATTORNEY Patrick McCarthy by Clerk re: L.R. 83- Attorney Admission procedure w/ a copy of L.R. 83 and Attorney Admission Application & ECF Registration Form. (Attachments: # 1 Attorney Data Form)(AKR) (Entered: 01/06/2014)

1 Attorney Data Form

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Jan. 6, 2014

Jan. 6, 2014

PACER
6

MOTION to Withdraw as Attorney, Patrick J. McCarthy, by Oscar Adams, Michael Knights (Attachments: # 1 Proposed Order)(Belzley, Gregory) Modified text (description) on 1/14/2014 (CBD). (Entered: 01/14/2014)

1 Proposed Order

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Jan. 14, 2014

Jan. 14, 2014

PACER
7

MOTION for Ralph Miller to Appear Pro Hac Vice by Oscar Adams, Michael Knights ( Filing fee $95; receipt number 0643-2845486) (Attachments: # 1 Exhibit Miller affidavit, # 2 Proposed Order)(Belzley, Gregory) (Entered: 01/14/2014)

1 Exhibit Miller affidavit

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2 Proposed Order

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Jan. 14, 2014

Jan. 14, 2014

PACER
8

MOTION for Sarah M. Goodman to Appear Pro Hac Vice by Oscar Adams, Michael Knights ( Filing fee $95; receipt number 0643-2845504) (Attachments: # 1 Exhibit Goodman affidavit, # 2 Proposed Order)(Belzley, Gregory) (Entered: 01/14/2014)

1 Exhibit Goodman affidavit

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2 Proposed Order

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Jan. 14, 2014

Jan. 14, 2014

PACER
9

MOTION for Kristen M. Echemendia to Appear Pro Hac Vice by Oscar Adams, Michael Knights ( Filing fee $95; receipt number 0643-2845527) (Attachments: # 1 Exhibit Echemendia affidavit, # 2 Proposed Order)(Belzley, Gregory) (Entered: 01/14/2014)

1 Exhibit Echemendia affidavit

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2 Proposed Order

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Jan. 14, 2014

Jan. 14, 2014

PACER

***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re 6 MOTION to Withdraw as Attorney, Patrick J. McCarthy, by Oscar Adams, Michael Knights (CBD)

Jan. 14, 2014

Jan. 14, 2014

PACER

Attorney Update. Attorney Ralph Miller,Sarah M. Goodman,Kristen M. Echemendia for Oscar Adams added. Ralph Miller,Sarah M. Goodman,Kristen M. Echemendia for Michael Knights added. (CBD)

Jan. 14, 2014

Jan. 14, 2014

PACER

BAR STATUS Check completed as to Ralph Miller, Sarah M. Goodman, Kristen M. Echemendia re 7 MOTION to Appear Pro Hac Vice, 8 MOTION to Appear, 9 MOTION to Appear Pro Hac Vice. (CBD)

Jan. 14, 2014

Jan. 14, 2014

PACER

***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re 7 MOTION for Ralph Miller to Appear Pro Hac Vice by Oscar Adams, Michael Knights ( Filing fee $95; receipt number 0643-2845486), 8 MOTION for Sarah M. Goodman to Appear Pro Hac Vice by Oscar Adams, Michael Knights ( Filing fee $95; receipt number 0643-2845504), 9 MOTION for Kristen M. Echemendia to Appear Pro Hac Vice by Oscar Adams, Michael Knights ( Filing fee $95; receipt number 0643-2845527) (CBD)

Jan. 14, 2014

Jan. 14, 2014

PACER
10

ORDER: 1. Plaintiff's Mtn (R. 6 ) is DENIED without prejudice; 2. Plaintiffs are ADVISED to consult L.R. 83.6 and resubmit this mtn in compliance with that rule. Signed by Judge Gregory F. Van Tatenhove on 1/16/2014. (AKR)cc: COR (Entered: 01/16/2014)

Jan. 16, 2014

Jan. 16, 2014

PACER
11

ORDER: 1. The Mtn for Admission Pro Hac Vice of Ralph Miller (R. 7 ) is GRANTED; 2. Ralph Miller is admissted pro hac vice to represent Plaintiffs Michael Knights and Oscar Adams in this case. Signed by Judge Gregory F. Van Tatenhove on 1/16/2014. (AKR)cc: COR, Ralph Miller via US Mail w/ECF Registration form (Entered: 01/16/2014)

Jan. 16, 2014

Jan. 16, 2014

PACER
12

ORDER: 1. The Mtn for Admission Pro Hac Vice of Sarah M. Goodman (R. 8 ) is GRANTED; and, 2. Sarah M. Goodman is admitted pro hac vice to represent Plaintiffs Michael Knights and Oscar Adams in this case. Signed by Judge Gregory F. Van Tatenhove on 1/16/2014. (AKR)cc: COR, Sarah Goodman via US Mail with ECF Registration form (Entered: 01/16/2014)

Jan. 16, 2014

Jan. 16, 2014

PACER
13

ORDER: 1. The Motion for Admission Pro Hac Vice of Kristen M. Echemendia (R. 9 ) is GRANTED; and, 2. Kristen M. Echemendia is admitted pro hac vice to represent Plaintiffs Michael Knights and Oscar Adams, in this case. Signed by Judge Gregory F. Van Tatenhove on 1/16/2014. (AKR)cc: COR, Kristen Echemendia via US Mail with ECF Registration form (Entered: 01/16/2014)

Jan. 16, 2014

Jan. 16, 2014

PACER
14

AGREED MOTION for Extension of Time to File Answer by J. Michael Brown, J. Michael Brown, Commonwealth of Kentucky, Jim Erwin, Jim Erwin, Paula Holden, Paula Holden, Gregory Howard, Gregory Howard, Kentucky Department of Corrections, Kentucky Justice and Public Safety Cabinet, Kimberly Potter-Blair, Kimberly Potter-Blair, Clark Taylor, Clark Taylor, LaDonna Thompson, LaDonna Thompson, Randy White, Randy White (Attachments: # 1 Proposed Order)(Dunham, Angela) Modified text to better describe on 1/24/2014 (AKR). (Entered: 01/24/2014)

1 Proposed Order

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Jan. 24, 2014

Jan. 24, 2014

PACER

***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re 14 AGREED MOTION for Extension of Time to File Answer by J. Michael Brown, J. Michael Brown, Commonwealth of Kentucky, Jim Erwin, Jim Erwin, Paula Holden, Paula Holden, Gregory Howard, Gregory Howard, Kentucky Department of Corrections, Kentucky Justice. (AKR)

Jan. 24, 2014

Jan. 24, 2014

PACER
15

ORDER: The parties having submitted an Agreed Motion, this Court hereby grants the Defendants in this cause an additional two weeks (14 days) to file an Answer to Plaintiffs' Complaint. Defendants' Answer is now due on February 10, 2014. Signed by Judge Gregory F. Van Tatenhove.(AKR)cc: COR (Entered: 01/29/2014)

Jan. 29, 2014

Jan. 29, 2014

PACER
16

Mail Returned as Undeliverable. Mail sent to Patrick J. McCarthy re 12 Order on Motion to Appear Pro Hac Vice, 13 Order on Motion to Appear Pro Hac Vice, 11 Order on Motion to Appear Pro Hac Vice - returned marked "Return to Sender, Unable to Forward". (AKR) (Entered: 01/31/2014)

Jan. 31, 2014

Jan. 31, 2014

PACER
17

MOTION to Withdraw as Attorney by Oscar Adams, Michael Knights (Attachments: # 1 Exhibit Adams affidavit, # 2 Exhibit Knights affidavit, # 3 Proposed Order)(Belzley, Gregory) (Entered: 02/03/2014)

1 Exhibit Adams affidavit

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2 Exhibit Knights affidavit

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3 Proposed Order

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Feb. 3, 2014

Feb. 3, 2014

PACER

***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re 17 MOTION to Withdraw as Attorney by Oscar Adams, Michael Knights . (AKR)

Feb. 3, 2014

Feb. 3, 2014

PACER
18

ORDER: Patrick McCarthy is hereby granted 17 permission to withdraw as counsel for Plaintiffs. Signed by Judge Gregory F. Van Tatenhove on 2/4/2014.(CBD)cc: COR (Entered: 02/04/2014)

Feb. 4, 2014

Feb. 4, 2014

PACER
19

ANSWER to Complaint with Jury Demand by J. Michael Brown, J. Michael Brown, Commonwealth of Kentucky, Jim Erwin, Jim Erwin, Paula Holden, Paula Holden, Gregory Howard, Gregory Howard, Kentucky Department of Corrections, Kentucky Justice and Public Safety Cabinet, Kimberly Potter-Blair, Kimberly Potter-Blair, Clark Taylor, Clark Taylor, LaDonna Thompson, LaDonna Thompson, Randy White, Randy White.(Dunham, Angela) (Entered: 02/10/2014)

Feb. 10, 2014

Feb. 10, 2014

PACER

Attorney Update. Attorney J. Todd Henning for J. Michael Brown,J. Todd Henning for J. Michael Brown,J. Todd Henning for Commonwealth of Kentucky,J. Todd Henning for Jim Erwin,J. Todd Henning for Jim Erwin,J. Todd Henning for Paula Holden,J. Todd Henning for Paula Holden,J. Todd Henning for Gregory Howard,J. Todd Henning for Gregory Howard,J. Todd Henning for Kentucky Department of Corrections,J. Todd Henning for Kentucky Justice and Public Safety Cabinet,J. Todd Henning for Kimberly Potter-Blair,J. Todd Henning for Kimberly Potter-Blair,J. Todd Henning for Clark Taylor,J. Todd Henning for Clark Taylor,J. Todd Henning for LaDonna Thompson,J. Todd Henning for LaDonna Thompson,J. Todd Henning for Randy White,J. Todd Henning for Randy White added. (AKR)

Feb. 10, 2014

Feb. 10, 2014

PACER

***FILE SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review & scheduling: 19 Answer to Complaint. (AKR)

Feb. 10, 2014

Feb. 10, 2014

PACER
20

ORDER FOR MEETING AND REPORT: (Rule 26 Meeting Report due by 3/24/2014). Signed by Judge Gregory F. Van Tatenhove on 2/12/2014. (Attachments: # 1 Magistrate Consent Form)(AKR)cc: COR (Entered: 02/12/2014)

1 Magistrate Consent Form

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Feb. 12, 2014

Feb. 12, 2014

PACER

***FILE SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: 4 Notice to Attorney, 3 Notice to Attorney - no response received as of this date. (AKR)

Feb. 12, 2014

Feb. 12, 2014

PACER
21

JOINT REPORT of Rule 26(f) Planning Meeting. (Belzley, Gregory) (Entered: 03/10/2014)

March 10, 2014

March 10, 2014

PACER

***FILE SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: 21 Joint Report of Rule 26(f) Planning Meeting. (AKR)

March 10, 2014

March 10, 2014

PACER

Clerk's Note re 4 Notice to Attorney Deborah Golden: Clerk verified this date that counsel was admitted to the EDKY 3/25/1999 as Deborah M. Golden. Counsel is to disregard the Notice 4 . (CBD)

March 11, 2014

March 11, 2014

PACER

Clerk's Note: re 3 Notice to Attorney, Clerk has been advised that an application is pending as to this attorney. (AKR)

March 11, 2014

March 11, 2014

PACER
22

INITIAL DISCLOSURES by J. Michael Brown, J. Michael Brown, Commonwealth of Kentucky, Jim Erwin, Jim Erwin, Paula Holden, Paula Holden, Gregory Howard, Gregory Howard, Kentucky Department of Corrections, Kentucky Justice and Public Safety Cabinet, Kimberly Potter-Blair, Kimberly Potter-Blair, Clark Taylor, Clark Taylor, LaDonna Thompson, LaDonna Thompson, Randy White, Randy White.(Dunham, Angela) (Entered: 03/12/2014)

March 12, 2014

March 12, 2014

PACER
23

INITIAL DISCLOSURES by Oscar Adams, Michael Knights.(Miller, Ralph) (Entered: 03/14/2014)

March 14, 2014

March 14, 2014

PACER
24

SCHEDULING ORDER: DISCOVERY 1. (a) parties exchange R26(a)(1) info by 3/14/14; (b) R26(e) supplementation due in accordance with same; (c) R26(a)(2) expert witn reports due from Plf by 8/1/14; and Dft by 10/1/14; (d) All fact discovery due by 11/1/2014. (SEE order for completeness) DISPOSITIVE MOTIONS (a) Plf have to & including 10/1/14 to file mtn to join add'l parties & amend pleadings. (b) Dft have to & including 11/1/14 to file mtns to join add'l parties & amend pleadings. (c) All dispositive motions due by 1/1/2015. STATUS CONFERENCE set for Wednesday, 11/5/2014 at 11:00 AM in the Courtroom of the US Courthouse in FRANKFORT, KY. Case referred to Magistrate Judge Edward B. Atkins. Signed by Judge Gregory F. Van Tatenhove on 4/8/2014.(AKR)cc: COR, diary (Entered: 04/08/2014)

April 8, 2014

April 8, 2014

PACER
25

JOINT MOTION for Extension of Time by Oscar Adams, Michael Knights of Pretrial Deadlines Motions referred to Edward B. Atkins. (Attachments: # 1 Proposed Order)(Miller, Ralph) (Entered: 07/29/2014)

1 Proposed Order

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July 29, 2014

July 29, 2014

PACER

***MOTION SUBMITTED TO CHAMBERS of Judge Atkins for review: re 25 JOINT MOTION for Extension of Time by Oscar Adams, Michael Knights of Pretrial Deadlines. (AKR)

July 30, 2014

July 30, 2014

PACER
26

ORDER: that the Joint Motion for Extension of Pretrial Deadlines [Record No. 25] is GRANTED. The following deadlines shall apply to this civil action: (1) Rule 26(a)(2) reports from expert trial witnesses are now due: i. From Plaintiff by MONDAY, SEPTEMBER 1, 2014; and ii. From Defendant by FRIDAY, NOVEMBER 31, 2014. (2) All fact discovery shall be completed by MONDAY, DECEMBER 1, 2014. (3) The remainder of the Courts original Scheduling Order [Record No. 24] shall remain unchanged and in full force. Signed by Magistrate Judge Edward B. Atkins on 7/31/2014.(AKR)cc: COR (Entered: 07/31/2014)

July 31, 2014

July 31, 2014

PACER
27

MOTION for Zachary Garthe to Appear Pro Hac Vice by Oscar Adams, Michael Knights ( Filing fee $95; receipt number 0643-3019229)Motions referred to Edward B. Atkins. (Attachments: # 1 Exhibit Garthe Affidavit, # 2 Proposed Order)(Belzley, Gregory) (Entered: 08/13/2014)

1 Exhibit Garthe Affidavit

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2 Proposed Order

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Aug. 13, 2014

Aug. 13, 2014

PACER
28

MOTION for Elliot Mincberg to Appear Pro Hac Vice by Oscar Adams, Michael Knights ( Filing fee $95; receipt number 0643-3019232)Motions referred to Edward B. Atkins. (Attachments: # 1 Exhibit Mincberg Affidavit, # 2 Proposed Order)(Belzley, Gregory) (Entered: 08/13/2014)

1 Exhibit Mincberg Affidavit

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2 Proposed Order

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Aug. 13, 2014

Aug. 13, 2014

PACER

Attorney Update. Attorney Zachary C. Garthe for Oscar Adams,Zachary C. Garthe for Michael Knights added. (AKR)

Aug. 13, 2014

Aug. 13, 2014

PACER

Attorney Update. Attorney Elliot Mincberg for Oscar Adams,Elliot Mincberg for Michael Knights added. (AKR)

Aug. 13, 2014

Aug. 13, 2014

PACER

BAR STATUS Check completed as to Zachary C. Garthe re 27 MOTION for Zachary Garthe to Appear Pro Hac Vice by Oscar Adams, Michael Knights ( Filing fee $95; receipt number 0643-3019229). (AKR)

Aug. 14, 2014

Aug. 14, 2014

PACER

***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re 27 MOTION for Zachary Garthe to Appear Pro Hac Vice by Oscar Adams, Michael Knights ( Filing fee $95; receipt number 0643-3019229). (AKR)

Aug. 14, 2014

Aug. 14, 2014

PACER

BAR STATUS Check completed as to Elliot Mincberg re 28 MOTION for Elliot Mincberg to Appear Pro Hac Vice by Oscar Adams, Michael Knights ( Filing fee $95; receipt number 0643-3019232). (AKR)

Aug. 14, 2014

Aug. 14, 2014

PACER

***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re 28 MOTION for Elliot Mincberg to Appear Pro Hac Vice by Oscar Adams, Michael Knights ( Filing fee $95; receipt number 0643-3019232). (AKR)

Aug. 14, 2014

Aug. 14, 2014

PACER
29

ORDER: that Zachary C. Garthe is hereby admitted pro hac vice to appear before the Court on behalf of the Plaintiffs for all purposes in this case. Signed by Magistrate Judge Edward B. Atkins on 8/15/2014. (AKR)cc: COR, papercopy to Z. Garthe w/ECF registeration form (Entered: 08/15/2014)

Aug. 15, 2014

Aug. 15, 2014

PACER
30

ORDER: that Elliot Mincberg is hereby admitted pro hac vice to appear before the Court on behalf of the Plaintiffs for all purposes in this case. Signed by Magistrate Judge Edward B. Atkins on 8/15/2014. (AKR)cc: COR, papercopy to E. Mincberg w/ECF registeration form (Entered: 08/15/2014)

Aug. 15, 2014

Aug. 15, 2014

PACER
31

MOTION for Leave to File by Oscar Adams, Michael Knights Motion for Approval of Content and Mailing of Notices Motions referred to Edward B. Atkins. (Attachments: # 1 Exhibit A - Notification Letter, # 2 Exhibit B - Proposed Order)(Miller, Ralph) (Additional attachment(s) added on 8/20/2014: # 3 Certificate of Service) (AKR). (Entered: 08/18/2014)

1 Exhibit A - Notification Letter

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2 Exhibit B - Proposed Order

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3 Certificate of Service

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Aug. 18, 2014

Aug. 18, 2014

PACER

NOTICE OF DEFICIENCY TO Ralph Miller re 31 MOTION for Leave to File by Oscar Adams, Michael Knights Motion for Approval of Content and Mailing of Notices; attorney failed to provide a certificate of service with pleading. Each pleading must have a certificate of service. Within 7 calendar days, prepare a pleading entitled "Notice of Filing" (with a certificate of service), file the Notice using the event "Notice of Filing," attach the certificate of service, and create a link to the related docket entry. cc: COR (AKR)

Aug. 19, 2014

Aug. 19, 2014

PACER
32

NOTICE OF FILING by Oscar Adams, Michael Knights re 31 MOTION for Leave to File by Oscar Adams, Michael Knights Motion for Approval of Content and Mailing of Notices (Attachments: # 1 Certificate of Service of Motion for Approval of Content and Mailing of Notices)(Miller, Ralph) (Entered: 08/19/2014)

1 Certificate of Service of Motion for Approval of Content and Mailing of Notices

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Aug. 19, 2014

Aug. 19, 2014

PACER
33

JOINT MOTION for Extension of Time by Oscar Adams, Michael Knights Second Joint Motion for Extension of Pretrial Deadlines Motions referred to Edward B. Atkins. (Attachments: # 1 Proposed Order)(Miller, Ralph) (Entered: 08/29/2014)

1 Proposed Order

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Aug. 29, 2014

Aug. 29, 2014

PACER

***MOTION SUBMITTED TO CHAMBERS of Judge Atkins for review: re 33 Second JOINT MOTION for Extension of Time by Oscar Adams, Michael Knights Second Joint Motion for Extension of Pretrial Deadlines. (AKR)

Aug. 29, 2014

Aug. 29, 2014

PACER
34

ORDER: that the Joint Motion for Extension of Pretrial Deadlines [Record No. 33] is GRANTED. The following deadlines shall apply to this civil action: (1) Rule 26(a)(2) reports from expert trial witnesses are now due: i. From Plaintiff by TUESDAY, SEPTEMBER 16, 2014; and ii. From Defendant by TUESDAY, DECEMBER 2, 2014. (2) All fact discovery shall be completed by MONDAY, DECEMBER 8, 2014. (3) The remainder of the Courts original Scheduling Order [Record No. 24] shall remain unchanged and in full force. Signed by Magistrate Judge Edward B. Atkins on 9/2/2014. (AKR)cc: COR (Entered: 09/02/2014)

Sept. 2, 2014

Sept. 2, 2014

PACER

Set/Reset Deadlines: Discovery due by 12/8/2014. (AKR)

Sept. 2, 2014

Sept. 2, 2014

PACER
35

ORDER: that Plaintiffs' Mtn for Approval of Content and Mailing Ntc (R. 31 ) is DENIED WITHOUT PREJUDICE with leave for counsel to submit a memo in support of the Court's legal authority or duty to approve the contents of a precertification mailing to putative class members. Signed by Magistrate Judge Edward B. Atkins on 9/16/2014. (AKR)cc: COR (Entered: 09/16/2014)

Sept. 16, 2014

Sept. 16, 2014

PACER
36

MOTION for Extension of Time to File by Oscar Adams, Michael Knights to File Expert Report of Dennis Cokely Motions referred to Edward B. Atkins. (Attachments: # 1 Proposed Order)(Belzley, Gregory) Motion Withdrawn per Order of Court 39 . Modified on 9/17/2014 (AKR). (Entered: 09/16/2014)

1 Proposed Order

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Sept. 16, 2014

Sept. 16, 2014

PACER
37

MOTION to Withdraw 36 MOTION for Extension of Time to File by Oscar Adams, Michael Knights to File Expert Report of Dennis Cokely by Oscar Adams, Michael Knights Motions referred to Edward B. Atkins. (Attachments: # 1 Proposed Order)(Belzley, Gregory) (Entered: 09/16/2014)

1 Proposed Order

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Sept. 16, 2014

Sept. 16, 2014

PACER
38

DISCLOSURES Plaintiffs' Designation of Experts by Oscar Adams, Michael Knights. (Attachments: # 1 Expert Report of Richard Ray, # 2 Exhibit Ray Exh. A, # 3 Exhibit Ray Exh. B, # 4 Exhibit Ray Exh. B.1, # 5 Exhibit Ray Exh. B.2, # 6 Exhibit Ray Exh. B.3, # 7 Exhibit Ray Exh. B.4, # 8 Exhibit Ray Exh. B.5, # 9 Exhibit Ray Exh. B.6, # 10 Exhibit Ray Exh. B.7, # 11 Exhibit Ray Exh. B.8, # 12 Exhibit Ray Exh. B.9, # 13 Exhibit Ray Exh. B.10, # 14 Exhibit Ray Exh. B.11, # 15 Exhibit Ray Exh. B.12, # 16 Exhibit Ray Exh. C, # 17 Exhibit Ray Exh. D, # 18 Exhibit Ray Exh. E, # 19 Exhibit Ray Exh. F, # 20 Exhibit Ray Exh. G, # 21 Exhibit Ray Exh. H, # 22 Exhibit Ray Exh. I.1 part 1 of 2, # 23 Exhibit Ray Exh. I.1 part 2 of 2, # 24 Exhibit Ray Exh. I.2 part 1 of 2, # 25 Exhibit Ray Exh. I.2 part 2 of 2, # 26 Exhibit Ray Exh. J, # 27 Exhibit Ray Exh. K, # 28 Exhibit Ray Exh. L, # 29 Exhibit Ray Exh. M, # 30 Exhibit Ray Exh. N, # 31 Exhibit Ray Exh. O, # 32 Exhibit Ray Exh. P, # 33 Exhibit Ray Exh. Q, # 34 Exhibit Ray Exh. R, # 35 Expert Report of Dennis Cokely, # 36 Exhibit Cokely Exh. A, # 37 Exhibit Cokely Exh. B, # 38 Exhibit Cokely Exh. B.1, # 39 Exhibit Cokely Exh. B.2, # 40 Exhibit Cokely Exh. B.3, # 41 Exhibit Cokely Exh. B.4, # 42 Exhibit Cokely Exh. B.5, # 43 Exhibit Cokely Exh. B.6, # 44 Exhibit Cokely Exh. B.7, # 45 Exhibit Cokely Exh. B.8, # 46 Exhibit Cokely Exh. B.9, # 47 Exhibit Cokely Exh. B.10, # 48 Exhibit Cokely Exh. B.11, # 49 Exhibit Cokely Exh. B.12, # 50 Exhibit Cokely Exh. B.13, # 51 Exhibit Cokely Exh. B.14, # 52 Exhibit Cokely Exh. B.15, # 53 Exhibit Cokely Exh. B.16)(Miller, Ralph) (Entered: 09/16/2014)

1 Expert Report of Richard Ray

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2 Exhibit Ray Exh. A

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3 Exhibit Ray Exh. B

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4 Exhibit Ray Exh. B.1

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5 Exhibit Ray Exh. B.2

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6 Exhibit Ray Exh. B.3

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7 Exhibit Ray Exh. B.4

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8 Exhibit Ray Exh. B.5

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9 Exhibit Ray Exh. B.6

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10 Exhibit Ray Exh. B.7

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11 Exhibit Ray Exh. B.8

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12 Exhibit Ray Exh. B.9

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13 Exhibit Ray Exh. B.10

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14 Exhibit Ray Exh. B.11

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15 Exhibit Ray Exh. B.12

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16 Exhibit Ray Exh. C

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17 Exhibit Ray Exh. D

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18 Exhibit Ray Exh. E

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19 Exhibit Ray Exh. F

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20 Exhibit Ray Exh. G

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21 Exhibit Ray Exh. H

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22 Exhibit Ray Exh. I.1 part 1 of 2

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23 Exhibit Ray Exh. I.1 part 2 of 2

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24 Exhibit Ray Exh. I.2 part 1 of 2

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25 Exhibit Ray Exh. I.2 part 2 of 2

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26 Exhibit Ray Exh. J

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27 Exhibit Ray Exh. K

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28 Exhibit Ray Exh. L

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29 Exhibit Ray Exh. M

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30 Exhibit Ray Exh. N

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31 Exhibit Ray Exh. O

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32 Exhibit Ray Exh. P

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33 Exhibit Ray Exh. Q

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34 Exhibit Ray Exh. R

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35 Expert Report of Dennis Cokely

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36 Exhibit Cokely Exh. A

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37 Exhibit Cokely Exh. B

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38 Exhibit Cokely Exh. B.1

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39 Exhibit Cokely Exh. B.2

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40 Exhibit Cokely Exh. B.3

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41 Exhibit Cokely Exh. B.4

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42 Exhibit Cokely Exh. B.5

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43 Exhibit Cokely Exh. B.6

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44 Exhibit Cokely Exh. B.7

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45 Exhibit Cokely Exh. B.8

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46 Exhibit Cokely Exh. B.9

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47 Exhibit Cokely Exh. B.10

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48 Exhibit Cokely Exh. B.11

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49 Exhibit Cokely Exh. B.12

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50 Exhibit Cokely Exh. B.13

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51 Exhibit Cokely Exh. B.14

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52 Exhibit Cokely Exh. B.15

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53 Exhibit Cokely Exh. B.16

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Sept. 16, 2014

Sept. 16, 2014

PACER

***MOTION SUBMITTED TO CHAMBERS of Judge Atkins for review: re 37 MOTION to Withdraw 36 MOTION for Extension of Time to File by Oscar Adams, Michael Knights to File Expert Report of Dennis Cokely by Oscar Adams, Michael Knights, 36 MOTION for Extension of Time to File by Oscar Adams, Michael Knights to File Expert Report of Dennis Cokely. (AKR)

Sept. 17, 2014

Sept. 17, 2014

PACER
39

ORDER: that Plaintiffs' Mtn to Withdraw Mtn for Ext of Time to File Expert Report 37 is GRANTED. Plaintiffs' Mtn for Ext of Time to File Expert Report 36 is hereby withdrawn. Signed by Magistrate Judge Edward B. Atkins on 9/17/2014. (AKR)cc: COR (Entered: 09/17/2014)

Sept. 17, 2014

Sept. 17, 2014

PACER
40

MOTION for Leave to File by Oscar Adams, Michael Knights Motion for Leave to File First Amended Complaint Motions referred to Edward B. Atkins. (Attachments: # 1 Exhibit A - Proposed First Amended Complaint, # 2 Exhibit B - Response to Interrogatories, # 3 Proposed Order)(Miller, Ralph) Modified att. description on 10/1/2014 (CBD). (Entered: 09/30/2014)

1 Exhibit A - Proposed First Amended Complaint

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2 Exhibit B - Response to Interrogatories

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3 Proposed Order

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Sept. 30, 2014

Sept. 30, 2014

PACER

NOTICE OF DOCKET MODIFICATION TO R. Miller re 40 MOTION for Leave to File First Amended Complaint by Oscar Adams, Michael Knights; Error: attachments were insufficiently described as "Exhibit A," "Exhibit B." Entry by attorney; Correction: the Clerk renamed the attachments. Attachments must be adequately described. Example: Exhibit A (incorrect); Exhibit A Affidavit of John Doe (correct). No further action required by counsel. cc: COR (CBD)

Oct. 1, 2014

Oct. 1, 2014

PACER
41

ORDER: that the Plaintiff's Mtn for Leave to File First Amended Complaint (R. 40 ) is GRANTED. The Amended Complaint (R. 40-1) shall be filed in the record. Signed by Magistrate Judge Edward B. Atkins on 10/1/2014. (AKR)cc: COR (Entered: 10/01/2014)

Oct. 1, 2014

Oct. 1, 2014

PACER
42

FIRST AMENDED COMPLAINT against Gary Beckstrom, Gary Beckstrom, Dan Bottoms, Dan Bottoms, Alan Brown, Alan Brown, J. Michael Brown, J. Michael Brown, Commonwealth of Kentucky, Janet Conover, Janet Conover, Jim Erwin, Jim Erwin, Steve Haney, Steve Haney, Paula Holden, Paula Holden, Gregory Howard, Gregory Howard, Kentucky Department of Corrections, Kentucky Justice and Public Safety Cabinet, Kathy Litteral, Kathy Litteral, Joseph Meko, Joseph Meko, Kimberly Potter-Blair, Kimberly Potter-Blair, Ravonne Sims, Ravonne Sims, Aaron Smith, Aaron Smith, Clark Taylor, Clark Taylor, LaDonna Thompson, LaDonna Thompson, Bobby Underwood, Bobby Underwood, Randy White, Randy White, Steve Woodward, Steve Woodward, filed by Oscar Adams, Michael Knights. Filed per Order 41 (CBD) (Entered: 10/01/2014)

Oct. 1, 2014

Oct. 1, 2014

Clearinghouse

Clerk's Note re 42 Amended Complaint: The Clerk notes an Amended Complaint was filed; however, no summons were provided to the Clerk for issuance. If you desire summons to be issued, the forms are available on the Courts website, www.kyed.uscourts.gov. A summons may be issued by presenting the prepared summons to the Clerk for issuance on paper or by electronically filing a Notice of Filing with the prepared summons as an attachment within 7 calendar days. (CBD)

Oct. 1, 2014

Oct. 1, 2014

PACER
43

NOTICE OF MANDATORY ECF DIRECTED TO Elliot Mincberg, a non-registered attorney re 41 Order on Motion for Leave to File had to be MAILED TO a non-registered attorney, which is in direct violation of this court's General Orders re: Mandatory ECF. Failure to comply will result in this matter being submitted to the Chief Judge. cc: COR (Attachments: # 1 ECF Registration Form)(CBD) (Entered: 10/03/2014)

1 ECF Registration Form

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Oct. 3, 2014

Oct. 3, 2014

PACER
44

NOTICE OF FILING by Oscar Adams, Michael Knights re 42 Amended Complaint,,, (Attachments: # 1 Exhibit A - Summons to Aaron Smith, # 2 Exhibit B - Summons to Kathy Litteral, # 3 Exhibit C - Summons to Steve Haney, # 4 Exhibit D - Summons to Gary Beckstrom, # 5 Exhibit E - Summons to Alan Brown, # 6 Exhibit F - Summons to Janet Conover, # 7 Exhibit G - Summons to Joseph Meko, # 8 Exhibit H - Summons to Don Bottoms, # 9 Exhibit I - Summons to Ravonne Sims, # 10 Exhibit J - Summons to Steve Woodward, # 11 Exhibit K - Summons to Bobbie Underwood)(Miller, Ralph) (Entered: 10/08/2014)

1 Exhibit A - Summons to Aaron Smith

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2 Exhibit B - Summons to Kathy Litteral

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3 Exhibit C - Summons to Steve Haney

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4 Exhibit D - Summons to Gary Beckstrom

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5 Exhibit E - Summons to Alan Brown

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6 Exhibit F - Summons to Janet Conover

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7 Exhibit G - Summons to Joseph Meko

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8 Exhibit H - Summons to Don Bottoms

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9 Exhibit I - Summons to Ravonne Sims

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10 Exhibit J - Summons to Steve Woodward

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11 Exhibit K - Summons to Bobbie Underwood

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Oct. 8, 2014

Oct. 8, 2014

PACER

Attorney Update. Attorney Kristen M. Murphy for Oscar Adams,Kristen M. Murphy for Michael Knights added. (AKR)

Oct. 8, 2014

Oct. 8, 2014

PACER
45

Summons Issued as to Gary Beckstrom, Gary Beckstrom, Don Bottoms, Don Bottoms, Alan Brown, Alan Brown, Janet Conover, Janet Conover, Steve Haney, Steve Haney, Kathy Litteral, Kathy Litteral, Joseph Meko, Joseph Meko, Ravonne Sims, Ravonne Sims, Aaron Smith, Aaron Smith, Bobby Underwood, Bobby Underwood, Steve Woodward, Steve Woodward; Summons issued and returned to counsel electronically. (AKR) (Entered: 10/09/2014)

Oct. 9, 2014

Oct. 9, 2014

PACER
46

NOTICE TO ATTORNEY Kristen M. Murphy by Clerk re: L.R. 83- Attorney Admission procedure w/ a copy of L.R. 83 and Attorney Admission Application. (Attachments: # 1 Attorney Data Information Form, # 2 Attorney Ntc Part 2-ECF form, # 3 Attorney Admission Packet, # 4 Attorney PHV)(AKR) (Entered: 10/09/2014)

1 Attorney Data Information Form

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2 Attorney Ntc Part 2-ECF form

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3 Attorney Admission Packet

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4 Attorney PHV

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Oct. 9, 2014

Oct. 9, 2014

PACER

Clerk's Note re 46 Notice to Attorney to Kristen M. Murphy: Counsel called to advise that a name change has occured and that counsel is admitted/registered as Kristen M. Echemendia. Clerk has re-linked the case to this profile, counsel is advised that all future pleadings should be signed with this name and counsel may disregard the Notice 46 sent 10/9/2014. (CBD) Modified typo on 10/10/2014 (CBD).

Oct. 10, 2014

Oct. 10, 2014

PACER
47

ORDER: The Status Conference currently scheduled for Wednesday, 11/5/14 in Frankfort, KY, is CONVERTED to a TELEPHONE CONFERENCE with the Court on the same date and at the same time, 11/5/2014 at 11:00 AM, to be held in LONDON, KY. To join the teleconference, the parties are directed to call AT&T Teleconferencing at 1-877-336-1280 and enter Access Code 2086161 (followed by #), and, when requested, enter the Security Code 09170 (followed by #), and; 2. Furthermore, the parties will consult regarding whether the above stated conference is still appropriate in light of the developments in this case following entry of the Court's original scheduling order. If it is determined that the conference need be continued, then the parties are to file such a motion seeking leave to continue as soon as is practicable. Signed by Judge Gregory F. VanTatenhove on 10/28/2014.(AKR)cc: COR, London diary (Entered: 10/28/2014)

Oct. 28, 2014

Oct. 28, 2014

PACER
48

MOTION to Dismiss for failure to state a claim by Bobby Underwood, Bobby Underwood (Attachments: # 1 Proposed Order, # 2 Affidavit)(Dunham, Angela) (Entered: 10/30/2014)

1 Proposed Order

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2 Affidavit

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Oct. 30, 2014

Oct. 30, 2014

Clearinghouse
49

ANSWER to 42 Amended Complaint,,, by J. Michael Brown, J. Michael Brown, Commonwealth of Kentucky, Jim Erwin, Jim Erwin, Paula Holden, Paula Holden, Gregory Howard, Gregory Howard, Kentucky Department of Corrections, Kentucky Justice and Public Safety Cabinet, Kimberly Potter-Blair, Kimberly Potter-Blair, Aaron Smith, Aaron Smith, Clark Taylor, Clark Taylor, LaDonna Thompson, LaDonna Thompson, Randy White, Randy White.(Dunham, Angela) (Entered: 10/30/2014)

Oct. 30, 2014

Oct. 30, 2014

Clearinghouse
50

MOTION to Dismiss for failure to state a claim by Gary Beckstrom, Gary Beckstrom, Don Bottoms, Don Bottoms, Alan Brown, Alan Brown, Janet Conover, Janet Conover, Steve Haney, Steve Haney, Kathy Litteral, Kathy Litteral, Joseph Meko, Joseph Meko, Ravonne Sims, Ravonne Sims, Steve Woodward, Steve Woodward (Attachments: # 1 Proposed Order, # 2 Exhibit Response to Interrogatory No. 2)(Dunham, Angela) (Entered: 10/30/2014)

1 Proposed Order

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2 Exhibit Response to Interrogatory No. 2

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Oct. 30, 2014

Oct. 30, 2014

Clearinghouse
51

MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 11/5/2014, before Judge Gregory F. VanTatenhove: 1. Parties arc directed to submit an agreed order establishing proposed deadlines, including proposed dates for a final pretrial conference and trial no later than seven (7) days from today's date. Upon receipt of the agreed order the Court will enter a scheduling order. 2. The Court will notify Magistrate Judge Edward Adkins of the parties' request for a settlement conference. The settlement conference shall be scheduled by subsequent order of the Magistrate Judge. (Court Reporter SANDY WILDER.) Signed by Gregory F. Van Tatenhove. (AKR)cc: COR (Entered: 11/07/2014)

Nov. 7, 2014

Nov. 7, 2014

PACER
52

ORDER: this matter shall be set for a TELEPHONE CONFERENCE on Thursday, 11/13/2014 at 10:00 AM. The parties shall be prepared to discuss dates they will be available for a settlement conference, the number of participants, and the preferred location of the settlement conference. The parties shall access the conference by calling AT&T Teleconferencing at 1-877-336-1839; entering the access code 4162817 (followed by #); and when requested, entering the security code 0001 (followed by #). Signed by Magistrate Judge Edward B. Atkins on 11/7/2014.(AKR)cc: COR, pikeville diary (Entered: 11/07/2014)

Nov. 7, 2014

Nov. 7, 2014

PACER
53

Proposed Agreed Order/Stipulation by Oscar Adams, Michael Knights. (Miller, Ralph) (Entered: 11/12/2014)

Nov. 12, 2014

Nov. 12, 2014

PACER

***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re 53 Proposed Agreed Order/Stipulation Proposed Scheduling Order by Oscar Adams, Michael Knights. (AKR)

Nov. 13, 2014

Nov. 13, 2014

PACER
54

MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 11/13/2014, before Magistrate Judge Edward B. Atkins: that the parties shall reconvene for a follow-up TELEPHONE CONFERENCE on Wednesday, 11/19/2014 at 3:00 PM. The parties shall access the conference by calling AT&T Teleconferencing at 1-877-336-1839; entering the access code 4162817 (followed by #); and when requested, entering the security code 0001 (followed by #). (Court Reporter None Required.) Signed by Edward B. Atkins. (AKR)cc: COR, pike diary (Entered: 11/13/2014)

Nov. 13, 2014

Nov. 13, 2014

PACER
55

MOTION for W. Sutton Ansley to Appear Pro Hac Vice by Oscar Adams, Michael Knights ( Filing fee $95; receipt number 0643-3087745)Motions referred to Edward B. Atkins. (Attachments: # 1 Exhibit Ansley affidavit, # 2 Proposed Order)(Belzley, Gregory) (Entered: 11/13/2014)

1 Exhibit Ansley affidavit

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2 Proposed Order

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Nov. 13, 2014

Nov. 13, 2014

PACER

Attorney Update. Attorney W. Sutton Ansley for Oscar Adams,W. Sutton Ansley for Michael Knights added. (AKR)

Nov. 13, 2014

Nov. 13, 2014

PACER

BAR STATUS Check completed as to W. Sutton Ansley re 55 MOTION for W. Sutton Ansley to Appear Pro Hac Vice by Oscar Adams, Michael Knights ( Filing fee $95; receipt number 0643-3087745). (AKR)

Nov. 14, 2014

Nov. 14, 2014

PACER

***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenahove for review: re 55 MOTION for W. Sutton Ansley to Appear Pro Hac Vice by Oscar Adams, Michael Knights ( Filing fee $95; receipt number 0643-3087745). (AKR)

Nov. 14, 2014

Nov. 14, 2014

PACER
56

ORDER: that W. Sutton Ansley is admitted 55 pro hac vice to appear before the Court on behalf of the Plaintiffs for all purposes in this case. Signed by Magistrate Judge Edward B. Atkins on 11/14/2014. (AKR)cc: COR, Atty Ansley w/ECF Registration Form (Entered: 11/14/2014)

Nov. 14, 2014

Nov. 14, 2014

PACER
57

SCHEDULING ORDER: Parties shall exchange R26(a)(1) info by 1/12/15. R26(a)(2) expert reports due from Plf by 3/3/15; and from Dft by 4/30/15. Discovery due by 6/2/2015. Amended Pleadings/Join Add'l Parties motions due by 6/2/2015. Dispositive Motions due by 7/31/2015. Plfs Responses due by 1/15/2015 to DE 48 & DE 50 . Dfts Replies due by 1/29/2015 to DE 48 & DE 50. FINAL PRETRIAL CONFERENCE set for Monday, 11/9/2015 at 11:00 AM in the Courtroom of US Courthouse in FRANKFORT, KY. Pretrial Filings due 7 days prior to final p.t. conference. JURY TRIAL set for Monday, 11/23/2015 at 10:00 AM in Courtroom of US Courthouse in FRANKFORT, KY. Extensions of Time by motion prior to expiration of deadline in question and upon showing of good cause (SEE Order for completeness). Signed by Judge Gregory F. VanTatenhove on 11/14/2014.(AKR)cc: COR, diary (Entered: 11/14/2014)

Nov. 14, 2014

Nov. 14, 2014

PACER
58

MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 11/19/2014, before Magistrate Judge Edward B. Atkins: (1) Parties' request for settlement conference is GRANTED, and a ( SETTLEMENT CONFERENCE set for Tuesday, 1/27/2015 at 9:00 AM at the KY State Reformatory ("KSR") in LaGrange, KY. (2) On or before WEDNESDAY, NOVEMBER 26, 2014, defense counsel must file a report with the Court detailing how the parties will be able to communicate during the settlement conference with Plaintiff Michael Knights, who is currently housed at the Kentucky State Penitentiary in Eddyville, Kentucky. Defense counsel's report should also detail the Department of Correction's requirements for access to the KSR facility (e.g., picture I.D., prohibited items) in order to facilitate an efficient entrance into the facility for all parties; (3) Defense counsel is ordered to ensure that Plaintiffs' counsel has access or a means to communicate with both named Plaintiffs, Oscar Adams and Michael Knights, throughout the day of MONDAY, JANUARY 26, 2015 so that Plaintiffs may adequately prepare for the settlement conference; (4) Counsel are directed to have their respective client and/or representative, fully authorized to negotiate and approve a settlement in this matter, present (physically or by electronic transmission) at this conference. The parties attention is directed to Lockhart v. Patel, 115 F.R.D. 44 (E.D. Ky. 1987). Telephone calls from the conference beyond those necessary for communication with Plaintiff Michael Knights may not be made for the purpose of obtaining authority for any offer or counteroffer to settle, or to approve a proposed settlement, and any party requesting or requiring such will be considered in violation of this Order; (5) By no later than TUESDAY, JANUARY 13, 2014, counsel shall submit to the undersigned separate, confidential statements which shall specify their respective settlement positions. Each statement is to be furnished only to Magistrate Judge Atkins and not to the other side. The statements shall not be filed with the Clerk of the Court or the presiding judge. Said statements shall be transmitted by email (atkins_chambers@kyed.uscourts.gov) and shall not exceed a total of ten (10) pages; (6) In their respective statements, counsel shall make a candid assessment of the strengths and weaknesses of both sides, an appraisal of issues such as liability, and the anticipated economic cost of further preparation and litigation of this matter through trial. (7) The Magistrate Judge requests that bona fide settlement negotiations commence as soon as practicable and be conducted as often as necessary prior to the settlement conference. Compliance with this requirement will be satisfied only when, prior to the conference, the parties communicate regarding an offer to settle, and counter- offer. (8) Finally, the Court acknowledges that the parties discussed the possibility of submitting a new agreed scheduling order in this matter and the Court denying without prejudice the parties' previously-submitted agreed order [R. 53]. However, the record reflects that the parties' previously submitted scheduling order has already been adopted by the Court [R. 57]. Accordingly, the Court refers the parties to R. 57 (Court Reporter None Required.) Signed by Edward B. Atkins. (AKR)cc: COR, diary (Entered: 11/20/2014)

Nov. 20, 2014

Nov. 20, 2014

PACER
59

STATUS REPORT by Gary Beckstrom, Gary Beckstrom, Don Bottoms, Don Bottoms, Alan Brown, Alan Brown, J. Michael Brown, J. Michael Brown, Commonwealth of Kentucky, Janet Conover, Janet Conover, Jim Erwin, Jim Erwin, Steve Haney, Steve Haney, Paula Holden, Paula Holden, Gregory Howard, Gregory Howard, Kentucky Department of Corrections, Kentucky Justice and Public Safety Cabinet, Kathy Litteral, Kathy Litteral, Joseph Meko, Joseph Meko, Kimberly Potter-Blair, Kimberly Potter-Blair, Ravonne Sims, Ravonne Sims, Aaron Smith, Aaron Smith, Clark Taylor, Clark Taylor, LaDonna Thompson, LaDonna Thompson, Bobby Underwood, Bobby Underwood, Randy White, Randy White, Steve Woodward, Steve Woodward. (Henning, J.) (Entered: 11/26/2014)

Nov. 26, 2014

Nov. 26, 2014

PACER

***FILE SUBMITTED TO CHAMBERS of Judge Atkins for review: 59 Status Report (filed as mediation report). (AKR)

Dec. 1, 2014

Dec. 1, 2014

PACER
60

JOINT MOTION for Order by Oscar Adams, Michael Knights Joint Submission of Proposed Scheduling Order Motions referred to Edward B. Atkins. (Attachments: # 1 Proposed Order)(Miller, Ralph) (Entered: 12/02/2014)

1 Proposed Order

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Dec. 2, 2014

Dec. 2, 2014

PACER

***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re 60 JOINT MOTION for Order by Oscar Adams, Michael Knights Joint Submission of Proposed Scheduling Order. (AKR)

Dec. 3, 2014

Dec. 3, 2014

PACER
61

AMENDED SCHEDULING ORDER: parties have submitted an Agreed Proposed Scheduling Order 60 IT IS ORDERED AS FOLLOWS: 1. Ddl to exchange information required by Rule 26(a)(1) is EXTENDED TO 2/13/2015. 2. Ddl by which Plaintiffs shall file their response memorandum to Defendants' Motion to Dismiss 48 and to Defendants' Motion to Dismiss 50 is EXTENDED TO 2/13/2015. 3. Ddl by which Defendants shall file their reply memorandum to Plaintiffs' response memorandum to both Defendants' Motion to Dismiss 48 and to Defendants' Motion to Dismiss 50 is EXTENDED TO 2/27/2015. 4. A party must file a motion to request modification of any aspect of this Order. Signed by Magistrate Judge Edward B. Atkins on 12/5/2014.(CBD)cc: COR (Entered: 12/05/2014)

Dec. 5, 2014

Dec. 5, 2014

PACER
62

MINUTE ENTRY ORDER FOLLOWING SETTLEMENT CONFERENCE held on 1/27/2015, before Magistrate Judge Edward B. Atkins: this matter came before the Court for a settlement conference, the parties appeared with counsel, and resolved all remaining issues in the action. IT IS ORDERED: (1) All deadlines in this case are CANCELLED; and, (2) On or before March 27, 2015, the parties shall file into the record their agreed order dismissing the case. Signed by Magistrate Judge Edward B. Atkins on 1/28/2015. (Court Reporter - None) (CBD)cc: COR (Entered: 01/28/2015)

Jan. 27, 2015

Jan. 27, 2015

PACER
63

JOINT MOTION for Order by all parties FOR A STATUS CONFERENCE AND TO EXTEND THE DEADLINE TO FILE AGREED ORDER DISMISSING THE CASE Motions referred to Edward B. Atkins. (Attachments: # 1 Proposed Order)(Miller, Ralph) Modified text/filers on 3/26/2015 (CBD). (Entered: 03/25/2015)

1 Proposed Order

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March 25, 2015

March 25, 2015

PACER
64

ORDER: In view of parties' JOINT MOTION for FOR A STATUS CONFERENCE AND TO EXTEND THE DEADLINE TO FILE AGREED ORDER DISMISSING THE CASE 63 Court ORDERS 1. this matter set for TELEPHONE CONFERENCE on 4/3/2015 at 10:30 AM 2. the deadline for the parties to file into the record their agreed order dismissing the case is set for April 27, 2015. (Parties to follow call in instructions.) Signed by Magistrate Judge Edward B. Atkins on 3/27/2015.(CBD)cc: COR, Pike Diary Modified typo on 3/27/2015 (CBD). (Entered: 03/27/2015)

March 27, 2015

March 27, 2015

PACER
65

MOTION to Amend/Correct 64 Order, Terminate Motions, Set Hearings,,,,,, by Gary Beckstrom, Gary Beckstrom, Don Bottoms, Don Bottoms, Alan Brown, Alan Brown, J. Michael Brown, J. Michael Brown, Commonwealth of Kentucky, Janet Conover, Janet Conover, Jim Erwin, Jim Erwin, Steve Haney, Steve Haney, Paula Holden, Paula Holden, Gregory Howard, Gregory Howard, Kentucky Department of Corrections, Kentucky Justice and Public Safety Cabinet, Kathy Litteral, Kathy Litteral, Joseph Meko, Joseph Meko, Kimberly Potter-Blair, Kimberly Potter-Blair, Ravonne Sims, Ravonne Sims, Aaron Smith, Aaron Smith, Clark Taylor, Clark Taylor, LaDonna Thompson, LaDonna Thompson, Bobby Underwood, Bobby Underwood, Randy White, Randy White, Steve Woodward, Steve Woodward Motions referred to Edward B. Atkins. (Attachments: # 1 Proposed Order)(Dunham, Angela) (Entered: 03/27/2015)

1 Proposed Order

View on PACER

March 27, 2015

March 27, 2015

PACER

Case Details

State / Territory: Kentucky

Case Type(s):

Prison Conditions

Disability Rights

Special Collection(s):

Post-PLRA enforceable consent decrees

Post-PLRA Jail and Prison Private Settlement Agreements

Deaf or Blind in Jail/Prison

Key Dates

Filing Date: Jan. 1, 2014

Closing Date: Dec. 24, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Deaf and hard of hearing inmates in the Kentucky prison system

Attorney Organizations:

Washington Lawyers' Committee

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

Kentucky Department of Corrections, State

Defendant Type(s):

Corrections

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

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Equal Protection

Free Exercise Clause

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2015 - 2020

Issues

General:

Access to lawyers or judicial system

Access to public accommodations - governmental

Communication skills

Conditions of confinement

Disciplinary procedures

Disparate Impact

Disparate Treatment

Reasonable Accommodations

Reasonable Modifications

TTY/Close Captioning/Videophone/etc.

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Hearing impairment

Type of Facility:

Government-run