Case: Etters v. Young

5:09-ct-03187 | U.S. District Court for the Eastern District of North Carolina

Filed Date: Nov. 18, 2009

Clearinghouse coding complete

Case Summary

On November 18, 2009, female inmates of the North Carolina Department of Correction (DOC) filed a class action lawsuit in the U.S. District Court for the Eastern District of North Carolina under 42 U.S.C. § 1983 against individual employees and supervisors. The plaintiffs, represented by the North Carolina Prisoner Legal Services, asked the court for declaratory and injunctive relief, as well as damages, claiming that the defendants violated their Fourth, Eighth, and Fourteenth Amendment rights…

On November 18, 2009, female inmates of the North Carolina Department of Correction (DOC) filed a class action lawsuit in the U.S. District Court for the Eastern District of North Carolina under 42 U.S.C. § 1983 against individual employees and supervisors. The plaintiffs, represented by the North Carolina Prisoner Legal Services, asked the court for declaratory and injunctive relief, as well as damages, claiming that the defendants violated their Fourth, Eighth, and Fourteenth Amendment rights. Specifically, the plaintiffs claimed that various DOC employees had sexually assaulted, abused, or harassed them during their confinement and that certain supervisory defendants did nothing to prevent the abuse.

On September 10, 2010, Judge James C. Dever denied the plaintiffs' class certification motion without prejudice.

On March 16, 2011, Judge Dever granted in part a motion by several defendants for judgment on the pleadings, dismissed two plaintiffs and four defendants, and dismissed the remaining plaintiffs' First and Fourteenth Amendment claims. The court also denied the plaintiffs' second motion for class certification. Etters v. Bennett, 2011 WL 976472 (E.D.N.C. Mar. 16, 2011). The plaintiffs appealed, and on August 30, 2011, the U.S. Court of Appeals for the Fourth Circuit issued an opinion per curiam dismissing one of the plaintiff's appeals when her claim was dismissed by the district court. King v. Bennett, 444 F. App'x 686 (4th Cir. 2011).

On August 1, 2011, Judge Dever denied one of the defendant's motion for appointment of counsel (because he failed to fill out the necessary form) and denied a motion to intervene by another inmate. Etters v. Bennett, 2011 WL 3320489 (E.D.N.C. Aug. 1, 2011).

On May 18, 2012, plaintiff Deven Deal and defendants Keller, Bennett, Kimble, Harvey, and Blalock filed a joint stipulation of dismissal, seeking dismissal with prejudice of plaintiff Deal's claims against these defendants. On May 21, 2012, Deal filed a second notice of voluntary dismissal, seeking dismissal with prejudice of her claims against defendant Barbosa. On the same date, plaintiff Sandra Etters and defendants Young, Lancaster, and Harvey filed a joint motion to expedite the entry of an order based on their proposed settlement agreement, and Etters filed a motion for entry of default judgment against defendant Simms. The defendants agreed to improve sexual safety through policies, training practices, changes to physical facilities, and other measures for the prevention of sexual abuse.

On May 30, 2012, the court approved the two voluntary dismissals and approved the settlement by the parties providing for changes to state policies concerning reporting and investigating claims of sexual abuse by inmates. The court also approved a default judgment for Etters against Simms, the only remaining claims. Etters v. Young, 2012 WL 1950415 (E.D.N.C. May 30, 2012).

On February 6, 2013, Magistrate Judge James E. Gates issued a memorandum and recommendation that Etters be awarded $100,000 in compensatory damages and $100,000 in punitive damages, for a total damages award of $200,000 from defendant Charlie Cortez Simms. No party filed any objections. Etters v. Shanahan, 2013 WL 787344 (E.D.N.C. Feb. 6, 2013). Etters v. Shanahan, 2013 WL 787344 (E.D.N.C. Feb. 6, 2013).

On March 4, 2013, Judge Dever dismissed the claims of two of the plaintiffs and dismissed four of the defendants. The court also dismissed the six of the defendants as to the third plaintiff. Judge Dever also accepted the memorandum and recommendation of Magistrate Judge Gates. Etters v. Shanahan, 2013 WL 792834 (E.D.N.C. Mar. 4, 2013).

Summary Authors

Jessica Kincaid (7/14/2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5515194/parties/etters-v-bennett/


Documents in the Clearinghouse

Documents in this case

5:09-ct-03187

Docket

Etters v. Bennett

March 13, 2013

March 13, 2013

Docket
1

5:09-ct-03187

Class Action Complaint ( Jury Trial Demanded)

Etters v. Bennett

Nov. 18, 2009

Nov. 18, 2009

Complaint
49

5:09-ct-03187

Order [Denying Motion for Class Certification]

Etters v. Bennett

Sept. 10, 2010

Sept. 10, 2010

Order/Opinion
57

5:09-ct-03187

Order [Dismissing Class Claims]

Etters v. Bennett

March 16, 2011

March 16, 2011

Order/Opinion

2011 WL 976472

91

5:09-ct-03187

Order [Denying Motion to Intervene]

Etters v. Bennett

Aug. 1, 2011

Aug. 1, 2011

Order/Opinion

2011 WL 3320489

14-1

5:09-ct-03187

11-06515

Judgment

Etters v. Bennett

U.S. Court of Appeals for the Fourth Circuit

Aug. 30, 2011

Aug. 30, 2011

Order/Opinion
130

5:09-ct-03187

Joint Motion to Expedite Entry of Order and Agreement

Etters v. Bennett

May 21, 2012

May 21, 2012

Settlement Agreement
130-1

5:09-ct-03187

Order and Agreement

Etters v. Bennett

May 21, 2012

May 21, 2012

Settlement Agreement
133

5:09-ct-03187

Order [Granting Voluntary Dismissal]

Etters v. Bennett

May 30, 2012

May 30, 2012

Order/Opinion

2012 WL 1950415

151

5:09-ct-03187

Memorandum and Recommendation

Etters v. Shanahan

Feb. 6, 2013

Feb. 6, 2013

Magistrate Report/Recommendation

2013 WL 787344

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5515194/etters-v-bennett/

Last updated Nov. 2, 2026, 11:49 p.m.

Docket for: Etters v. Bennett
ECF Number Date Description Link
1 Nov. 18, 2009

COMPLAINT against all defendants ( Filing fee $ 350 receipt number 04170000000001031436.), filed by Sandra Etters, Ronda Singletary, Deven Deal, Louretha King. (Attachments: # 1 Exhibit Exhibit A - Sandra Etters Grievance, # 2 Exhibit Exhibit B - Ronda Singletary Grievance, # 3 Exhibit Exhibit C - Deven Deal Grievance, # 4 Exhibit Exhibit D - Louretha King Grievance) (Luecking-Sunman, Michele) (Entered: 11/18/2009)

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2 Nov. 18, 2009

MOTION to Certify Class by Sandra Etters, Ronda Singletary, Deven Deal, Louretha King. (Luecking-Sunman, Michele) (Entered: 11/18/2009)

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3 Nov. 18, 2009

Memorandum in Support re 2 MOTION to Certify Class filed by Sandra Etters, Ronda Singletary, Deven Deal, Louretha King. (Attachments: # 1 Affidavit of James Aiken, Exhibit A) (Luecking-Sunman, Michele) (Entered: 11/18/2009)

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Nov. 19, 2009

Motions Submitted to Staff Counsel III re: 2 MOTION to Certify Class and case submitted for frivolity review. (Indig, A.)

4 Dec. 15, 2009

NOTICE of Appearance by Joseph Finarelli on behalf of Ford, Lamar Blalock, Boyd Bennett, Alvin Keller, Annie Harvey, Timothy Kimble, Moore (Finarelli, Joseph) (Entered: 12/15/2009)

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5 Dec. 15, 2009

WAIVER OF SERVICE Returned Executed by Sandra Etters, Ronda Singletary, Deven Deal, Louretha King. Boyd Bennett waiver sent on 11/19/2009 (Albiston, Elizabeth) (Entered: 12/15/2009)

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6 Dec. 15, 2009

WAIVER OF SERVICE Returned Executed by Sandra Etters, Ronda Singletary, Deven Deal, Louretha King. Alvin Keller waiver sent on 11/19/2009 (Albiston, Elizabeth) (Entered: 12/15/2009)

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7 Dec. 15, 2009

WAIVER OF SERVICE Returned Executed by Sandra Etters, Ronda Singletary, Deven Deal, Louretha King. Annie Harvey waiver sent on 11/19/2009 (Albiston, Elizabeth) (Entered: 12/15/2009)

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8 Dec. 15, 2009

WAIVER OF SERVICE Returned Executed by Sandra Etters, Ronda Singletary, Deven Deal, Louretha King. Timothy Kimble waiver sent on 11/19/2009 (Albiston, Elizabeth) (Entered: 12/15/2009)

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9 Dec. 15, 2009

WAIVER OF SERVICE Returned Executed by Sandra Etters, Ronda Singletary, Deven Deal, Louretha King. Moore waiver sent on 11/19/2009. (Albiston, Elizabeth) (Entered: 12/15/2009)

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10 Dec. 15, 2009

WAIVER OF SERVICE Returned Executed by Sandra Etters, Ronda Singletary, Deven Deal, Louretha King. Ford waiver sent on 11/19/2009. (Albiston, Elizabeth) (Entered: 12/15/2009)

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11 Dec. 15, 2009

WAIVER OF SERVICE Returned Executed by Sandra Etters, Ronda Singletary, Deven Deal, Louretha King. Lamar Blalock waiver sent on 11/19/2009. (Albiston, Elizabeth) (Entered: 12/15/2009)

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12 Dec. 16, 2009

NOTICE of Appearance by Yvonne Bulluck Ricci on behalf of Ford, Lamar Blalock, Boyd Bennett, Alvin Keller, Annie Harvey, Timothy Kimble, Moore (Ricci, Yvonne) (Entered: 12/16/2009)

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13 Dec. 16, 2009

NOTICE of Appearance by Yvonne Bulluck Ricci on behalf of Ford, Lamar Blalock, Louretha King, Boyd Bennett, Alvin Keller, Annie Harvey, Moore (Ricci, Yvonne) (Entered: 12/16/2009)

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Dec. 16, 2009

NOTICE OF DEFICIENCY re: 12 Notice of Appearance. Filing attorney's name does not appear on the docket sheet. Please refile notice and be sure to choose which defendants you are representing and that there is a check mark in the appropriate box(es). Thank you. (Indig, A.)

Dec. 17, 2009

NOTICE OF CORRECTION re: 13 Notice of Appearance. Attorney Ricci was accidentally listed as attorney for plaintiff King. She has now been deleted as attorney for plaintiff King. (Indig, A.)

14 Dec. 18, 2009

ORDER DIRECTING CLERK TO CONTINUE MANAGEMENT OF CASE. Signed by Judge James C. Dever, III on 12/18/2009. (Indig, A.) (Entered: 12/18/2009)

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15 Dec. 22, 2009

MOTION for Extension of Time to File Answer or Otherwise Plead by Ford, Lamar Blalock, Boyd Bennett, Alvin Keller, Annie Harvey, Timothy Kimble, Moore. (Finarelli, Joseph) (Entered: 12/22/2009)

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16 Dec. 22, 2009

MOTION for Extension of Time to File Response/Reply as to Motions Submitted by Ford, Lamar Blalock, Boyd Bennett, Alvin Keller, Annie Harvey, Timothy Kimble, Moore. (Finarelli, Joseph) (Entered: 12/22/2009)

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17 Dec. 23, 2009

ORDER granting 15 Motion for Extension of Time to Answer Ford answer due 2/17/2010; Lamar Blalock answer due 2/17/2010; Boyd Bennett answer due 2/17/2010; Alvin Keller answer due 2/17/2010; Annie Harvey answer due 2/17/2010; Timothy Kimble answer due 2/17/2010; Moore answer due 2/17/2010.. Signed by Iavarone, Clerk of Court on 12/23/2009. (McDowell, G.) (Entered: 12/23/2009)

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18 Dec. 23, 2009

ORDER granting 16 Motion for Extension of Time to File Response - up to and including 30 days from the date of the filing of an Answer or other responsive pleading to the Class Action Complaint. Signed by Iavarone, Clerk of Court on 12/23/2009. (McDowell, G.) (Entered: 12/23/2009)

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26 Feb. 5, 2010

Summons Issued as to Wiggins, Sims, Barbosa, Jessica Jones. (McDowell, G.) (Entered: 02/17/2010)

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19 Feb. 16, 2010

ANSWER to 1 Complaint, with Jury Demand by Alvin Keller. (Finarelli, Joseph) (Entered: 02/16/2010)

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20 Feb. 16, 2010

ANSWER to 1 Complaint, with Jury Demand by Annie Harvey. (Finarelli, Joseph) (Entered: 02/16/2010)

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21 Feb. 16, 2010

ANSWER to 1 Complaint, with Jury Demand by Timothy Kimble. (Finarelli, Joseph) (Entered: 02/16/2010)

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22 Feb. 16, 2010

ANSWER to 1 Complaint, with Jury Demand by Boyd Bennett. (Finarelli, Joseph) (Entered: 02/16/2010)

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23 Feb. 16, 2010

ANSWER to 1 Complaint, with Jury Demand by Lamar Blalock. (Finarelli, Joseph) (Entered: 02/16/2010)

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24 Feb. 16, 2010

ANSWER to 1 Complaint, with Jury Demand by Ford. (Finarelli, Joseph) (Entered: 02/16/2010)

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25 Feb. 16, 2010

ANSWER to 1 Complaint, with Jury Demand by Moore. (Finarelli, Joseph) (Entered: 02/16/2010)

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27 Feb. 24, 2010

NOTICE of Appearance by Joseph Finarelli on behalf of Jessica Jones (Finarelli, Joseph) (Entered: 02/24/2010)

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28 Feb. 24, 2010

ANSWER to 1 Complaint, with Jury Demand by Jessica Jones. (Finarelli, Joseph) (Entered: 02/24/2010)

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29 March 9, 2010

MOTION for Extension of Time to File Answer by Charlie Simms. (Attachments: # 1 Envelope) (Indig, A.) (Entered: 03/09/2010)

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30 March 17, 2010

MOTION for Judgment on the Pleadings by Ford, Lamar Blalock, Jessica Jones, Boyd Bennett, Alvin Keller, Annie Harvey, Timothy Kimble, Moore. (Finarelli, Joseph) (Entered: 03/17/2010)

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31 March 17, 2010

AFFIDAVIT re 30 MOTION for Judgment on the Pleadings of Franklin E. Rogers by Ford, Lamar Blalock, Jessica Jones, Boyd Bennett, Alvin Keller, Annie Harvey, Timothy Kimble, Moore. (Finarelli, Joseph) (Entered: 03/17/2010)

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32 March 17, 2010

Memorandum in Support re 30 MOTION for Judgment on the Pleadings filed by Ford, Lamar Blalock, Jessica Jones, Boyd Bennett, Alvin Keller, Annie Harvey, Timothy Kimble, Moore. (Finarelli, Joseph) (Entered: 03/17/2010)

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33 March 17, 2010

RESPONSE to Motion re 2 MOTION to Certify Class in Opposition filed by Ford, Lamar Blalock, Jessica Jones, Boyd Bennett, Alvin Keller, Annie Harvey, Timothy Kimble, Moore. (Finarelli, Joseph) (Entered: 03/17/2010)

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34 March 26, 2010

MOTION for Extension of Time to File Response/Reply as to 33 Response to Motion, 30 MOTION for Judgment on the Pleadings by Sandra Etters, Ronda Singletary, Deven Deal, Louretha King. (Attachments: # 1 Text of Proposed Order Proposed Order) (Albiston, Elizabeth) (Entered: 03/26/2010)

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35 March 26, 2010

NOTICE of Appearance by J. Phillip Griffin, Jr on behalf of all plaintiffs (Griffin, J.) (Entered: 03/26/2010)

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36 March 29, 2010

ORDER granting 34 MOTION for Extension of Time to File Response as to 33 Response to Motion, 30 MOTION for Judgment on the Pleadings. Responses due by 6/7/2010. Signed by Clerk of Court by J. Skinner on 3/29/2010. (Shannon, K.) (Entered: 03/29/2010)

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37 May 24, 2010

First MOTION for Extension of Time to Effect Service on Defendant Barbosa by Deven Deal. (Attachments: # 1 Text of Proposed Order Proposed Order to Extend Time to Effect Service on Defendant Barbosa) (Luecking-Sunman, Michele) (Entered: 05/24/2010)

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38 May 24, 2010

AFFIDAVIT of Service for Summons and Complaint served on Alberto Barbosa on May 18, 2010, filed by Deven Deal. (Luecking-Sunman, Michele) (Entered: 05/25/2010)

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39 June 2, 2010

ORDER granting 37 Motion for Extension of Time to effect service on Defendant Barbosa. Signed by Judge James C. Dever, III on 6/2/2010. (Indig, A.) (Entered: 06/02/2010)

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40 June 7, 2010

RESPONSE in Opposition - re: 30 MOTION for Judgment on the Pleadings filed by Deven Deal, Sandra Etters, Louretha King, Ronda Singletary. (Attachments: # 1 Exhibit Copy of Mitchell v. Rappahannock Regional Jail Authority, unpublished opinion) (Luecking-Sunman, Michele) (Entered: 06/07/2010)

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41 June 7, 2010

REPLY to Response to Motion - re: 2 MOTION to Certify Class filed by Deven Deal, Sandra Etters, Louretha King, Ronda Singletary. (Attachments: # 1 Index of Affidavits, # 2 Affidavit of Judith Bell, # 3Affidavit of Crystal Benson, # 4Affidavit of Athana Gamble, # 5 Affidavit of Teresa Halsey, # 6Affidavit of Tia Jones, # 7 Affidavit of Andrea Maxwell, # 8 Affidavit of Tara McCullough, # 9 Affidavit of Adrienne Smith, # 10Affidavit of Cathy Lopez, # 11 Affidavit of Derrick Oliver, # 12 Affidavit of Wendy Hardin) (Luecking-Sunman, Michele) (Entered: 06/07/2010)

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42 June 9, 2010

REPLY to Response to Motion - re: 30 MOTION for Judgment on the Pleadings filed by Boyd Bennett, Lamar Blalock, Ford, Annie Harvey, Jessica Jones, Alvin Keller, Timothy Kimble, Moore. (Finarelli, Joseph) (Entered: 06/09/2010)

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43 June 10, 2010

AMENDED DOCUMENT by Boyd Bennett, Lamar Blalock, Ford, Annie Harvey, Jessica Jones, Alvin Keller, Timothy Kimble, Moore. Amendment to 42 Reply to Response to Motion Corrected Certificate of Service. (Finarelli, Joseph) (Entered: 06/10/2010)

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44 June 10, 2010

MOTION to Strike by Boyd Bennett, Lamar Blalock, Ford, Annie Harvey, Jessica Jones, Alvin Keller, Timothy Kimble, Moore. (Finarelli, Joseph) (Entered: 06/10/2010)

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45 June 10, 2010

Memorandum in Support - re: 44 MOTION to Strike filed by Boyd Bennett, Lamar Blalock, Ford, Annie Harvey, Jessica Jones, Alvin Keller, Timothy Kimble, Moore. (Finarelli, Joseph) (Entered: 06/10/2010)

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46 June 30, 2010

RESPONSE in Opposition re 44 MOTION to Strike filed by Deven Deal, Sandra Etters, Louretha King, Ronda Singletary. (Attachments: # 1 Exhibit Text of Unpublished Opinion, Signature Flight Support v. Landow Aviation Ltd. Partnership) (Luecking-Sunman, Michele) (Entered: 06/30/2010)

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July 7, 2010

Motions Submitted to Staff Counsel III re: 2 MOTION to Certify Class, 44 MOTION to Strike, 30 MOTION for Judgment on the Pleadings, 29 MOTION for Extension of Time to File Answer (Indig, A.)

47 Aug. 24, 2010

Notice to Counsel of Failure to Make Service within 120 Days regarding defendants Correctional Officer Wiggins and Correctional Officer Sims. (Indig, A.) (Entered: 08/24/2010)

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48 Aug. 27, 2010

AFFIDAVIT of Service for Summons and Complaint served on Charlie Cortez Simms on 2/18/2010, filed by Sandra Etters. (Attachments: # 1 Exhibit Certified Mail Receipt) (Luecking-Sunman, Michele) (Entered: 08/27/2010)

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49 Sept. 10, 2010

ORDER - denying without prejudice 2 Motion to Certify Class. Granting 29 Motion for Extension of Time to Answer. Not later than September 27, 2010, the Office ofthe Attorney General shall notify the court whether it will represent Simms and Barbosa. Signed by Judge James C. Dever III on 9/10/2010. (Indig, A.) (Entered: 09/10/2010)

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50 Sept. 17, 2010

RESPONSE by Defendants Boyd Bennett, Lamar Blalock, Ford, Annie Harvey, Jessica Jones, Alvin Keller, Timothy Kimble, Moore - re: 49 Order on Motion for Extension of Time to Answer, Order on Motion to Certify Class. (Finarelli, Joseph) (Entered: 09/17/2010)

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51 Sept. 30, 2010

RESPONSE to Order - re: 49 Order on Motion for Extension of Time to Answer, Order on Motion to Certify Class, Supplemental Response filed by Boyd Bennett, Lamar Blalock, Ford, Annie Harvey, Jessica Jones, Alvin Keller, Timothy Kimble, Moore. (Finarelli, Joseph) (Entered: 09/30/2010)

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52 Oct. 6, 2010

MOTION for Extension of Time to File Answer - re: 1 Complaint, and MOTION to Appoint Counsel by Alberto Barbosa. (Indig, A.) (Entered: 10/07/2010)

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Oct. 7, 2010

Motion Submitted to Judge Dever re: 52 MOTION for Extension of Time to File Answer re 1 Complaint, MOTION to Appoint Counsel. (Indig, A.)

53 Nov. 1, 2010

ORDER granting 52 Motion for Extension of Time to Answer. Defendant Barbosa's answer due 11/10/2010. Signed by Judge James C. Dever III on 11/1/2010. (Indig, A.) (Entered: 11/01/2010)

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54 Nov. 10, 2010

ANSWER to 1 Complaint (and all other documents) by Alberto Barbosa. (Indig, A.) (Entered: 11/10/2010)

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55 Feb. 14, 2011

First MOTION for Entry of Default Against Defendant Simms by Sandra Etters. (Luecking-Sunman, Michele) (Entered: 02/14/2011)

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Feb. 24, 2011

Motion Submitted to Clerk of Court re: 55 First MOTION for Entry of Default Against Defendant Simms. (McDowell, G.)

56 Feb. 25, 2011

ORDER granting 55 Motion for Entry of Default against defendant Correctional Officer Sims. Signed by Dennis P. Iavarone, Clerk of Court on 2/25/2011. (Taylor, B.) (Entered: 02/25/2011)

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57 March 16, 2011

ORDER granting in part and denying in part 30 Motion for Judgment on the Pleadings; the claims of plaintiffs Singletary and King are DISMISSED; defendants Moore, Ford, Wiggins, and Jones are DISMISSED; plaintiff Etter's claims against Simms and the supervisory defendants (except Kimble) under the Fourth and the Eighth Amendment survive, but her Fourteenth Amendment claim fails; plaintiff Deal, her Fourth and Eighth Amendment claims against Barbosa and the supervisory defendants (except Kimble) survive, her Fourth Amendment claim against Blalock and the supervisory defendants (except Harvey) survives, but her Eighth Amendment claim against Blalock fails as does her Fourteenth Amendment claim; dismissing Etters and Deal's First Amendment and Fourteenth Amendment class claims; and denying as moot 44 Motion to Strike. Signed by District Judge James C. Dever, III on 3/16/2011. (McDowell, G.) (Entered: 03/16/2011)

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58 March 16, 2011

Request for Discovery Stipulation. (McDowell, G.) (Entered: 03/16/2011)

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59 April 5, 2011

STIPULATION OF DISCOVERY BY PLAINTIFFS AND DEFENDANTS BENNETT, KELLER, HARVEY, KIMBLE AND BLALOCK by Deven Deal, Sandra Etters. (Luecking-Sunman, Michele) (Entered: 04/05/2011)

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April 6, 2011

NOTICE OF DEFICIENCY re: 59 Stipulation of Discovery; Pursuant to Local Civil Rule 6.1, or the judges practice preferences on the courts website, counsel must submit a proposed order. The order must be filed electronically using the event PROPOSED ORDER located in the RESPONSES AND REPLIES category. Additionally, the judge's practice preferences MAY require counsel to email the proposed order in a word processing format. (King, K.)

60 April 7, 2011

Proposed Order re 59 Stipulation of Discovery filed by Deven Deal, Sandra Etters. (Luecking-Sunman, Michele) (Entered: 04/07/2011)

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61 April 12, 2011

NOTICE OF INTERLOCUTORY APPEAL as to 57 Order on Motion for Judgment on the Pleadings by Louretha King. (Attachments: # 1 Letter from Court of Appeals # 2 Envelope) (Indig, A.) (Entered: 04/13/2011)

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62 April 13, 2011

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 61 Notice of Interlocutory Appeal. (Indig, A.) (Entered: 04/13/2011)

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63 April 18, 2011

ORDER - The court shall hold a scheduling conference on Thursday, 28 April 2011, at 2:30 p.m. in the Sixth Floor Courtroom of the Terry Sanford Federal Building, 310 New Bern Avenue, Raleigh, North Carolina. Signed by Magistrate Judge James E. Gates on 4/18/2011. (Taylor, B.) (Entered: 04/18/2011)

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64 April 21, 2011

US Court of Appeals Case Number 11-6515 (Joy Moore) for 61 Notice of Interlocutory Appeal filed by Louretha King. (Indig, A.) (Entered: 04/21/2011)

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65 April 28, 2011

Minute Entry for proceedings held before Magistrate Judge James E. Gates re: Scheduling Conference held on 4/28/2011. (Court Reporter FTR Gold) (Indig, A.) (Entered: 04/28/2011)

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66 April 29, 2011

SCHEDULING ORDER: Plaintiffs' renewed motion for class certification shall be filed by 28 June 2011. Discovery due by 4/6/2012. Dispositive Motions due by 5/7/2012. The first status conference with the parties shall be held on Thursday, 16 June 2011, at 2:30 p.m. in the 6th Floor Courtroom, 310 New Bern Avenue, Raleigh, NC. Counsel is advised to refer to entire Scheduling Order for critical deadlines and other provisions. Signed by Magistrate Judge James E. Gates on 4/29/2011. (Indig, A.) (Entered: 04/29/2011)

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April 29, 2011

**** Set Hearings: Status Conference set for 6/16/2011 at 02:30 PM in Raleigh - 6th Floor Courtroom before Magistrate Judge James E. Gates. (Indig, A.)

May 2, 2011

Assembled Electronic Record on Appeal transmitted to 4th Circuit Court of Appeals re 61 Notice of Interlocutory Appeal. (Indig, A.)

67 May 9, 2011

ORDER of US Court of Appeals as to 61 Notice of Interlocutory Appeal filed by Louretha King - The court grants appellant leave to proceed without full prepayment of fees. (McDowell, G.) (Entered: 05/09/2011)

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68 May 9, 2011

ORDER - directing Barbosa to file a (1) financial affidavit on CJA Form 23 and (2) declaration stating the efforts he has made to secure counsel. Response due by 5/31/2011. Signed by US District Judge James C. Dever, III on 5/9/2011. CJA 23 sent to defendant. (McDowell, G.) (Entered: 05/09/2011)

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69 May 18, 2011

Mail Returned as Undeliverable. Mail sent to Alberto Barbosa. Notation on envelope states "Not Deliverable as Addressed - Unable to Forward." (Attachments: # 1 Envelope) (Indig, A.) (Entered: 05/20/2011)

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70 May 24, 2011

Mail Returned as Undeliverable. Mail sent to Alberto Barbosa. Notation on envelope states "No Such Number." No forwarding address provided. (Attachments: # 1 Envelope) (Indig, A.) (Entered: 05/31/2011)

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71 June 13, 2011

ORDER - GRANTING request to continue status conference. Status Conference reset for 7/21/2011 at 2:30 PM in Raleigh - 6th Floor Courtroom before Magistrate Judge James E. Gates. Signed by Magistrate Judge James E. Gates on 6/13/2011. (Indig, A.) (Entered: 06/13/2011)

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72 June 28, 2011

Second MOTION to Certify Class by Sandra Etters. (Luecking-Sunman, Michele) (Entered: 06/28/2011)

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73 June 28, 2011

MOTION to Intervene by Sabrina Phillips. (Attachments: # 1 Exhibit Intervening Complaint, # 2 Exhibit A of Intervening Complaint) (Albiston, Elizabeth) (Entered: 06/28/2011)

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74 June 28, 2011

Memorandum in Support re 73 MOTION to Intervene by Sabrina Phillips. (Albiston, Elizabeth) (Entered: 06/28/2011)

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75 June 28, 2011

REQUEST FOR WAIVER of Service sent to Bianca Harris on 6/28/11 by Sabrina Phillips. Waiver of Service due by 8/27/2011. (Albiston, Elizabeth) (Entered: 06/28/2011)

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76 June 28, 2011

REQUEST FOR WAIVER of Service sent to Bennie Moore on 6/28/2011 by Sabrina Phillips. Waiver of Service due by 8/27/2011. (Albiston, Elizabeth) (Entered: 06/28/2011)

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77 June 28, 2011

Memorandum in Support re 72 Second MOTION to Certify Class filed by Sandra Etters. (Attachments: # 1 Index of Affidavits, # 2 Affidavit of Sabrina Phillips, # 3 Affidavit of Barbara Covington, # 4 Affidavit of Eva Barlowe, # 5 Affidavit of Lauren Crowe, # 6 Affidavit of Melissa Strange, # 7 Affidavit of Lisa Dunlap, # 8 Affidavit of Patricia Smith, # 9 Affidavit of Victoria Ross, # 10 Affidavit of Cathy Phillips, # 11 Affidavit of Elizabeth Adams, # 12 Affidavit of Kathy Thompson, # 13 Affidavit of April Harris, # 14 Affidavit of Shaheedah Rushdan, # 15 Affidavit of Linda Smith) (Luecking-Sunman, Michele) (Entered: 06/28/2011)

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78 June 28, 2011

REQUEST FOR WAIVER of Service sent to Supervisor John Doe on 6/28/2011 by Sabrina Phillips. Waiver of Service due by 8/27/2011. (Albiston, Elizabeth) (Entered: 06/28/2011)

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79 June 29, 2011

Mail Returned as Undeliverable. Mail sent to Alberto Barbosa. No forwarding address provided. (Attachment: # 1 Envelope) (Blankenship, T.) Modified on 7/15/2011 to correct name of sent mail.(Blankenship, T.) (Entered: 06/29/2011)

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80 July 1, 2011

NOTICE of Appearance by Kimberly D. Grande on behalf of Boyd Bennett, Lamar Blalock, Annie Harvey, Alvin Keller and Timothy Kimble. (Grande, Kimberly) (Entered: 07/01/2011)

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81 July 14, 2011

Notice of Substitution of Counsel by Yvonne Bulluck Ricci on behalf of Boyd Bennett, Lamar Blalock, Annie Harvey and Alvin Keller. (Ricci, Yvonne) (Entered: 07/14/2011)

RECAP
82 July 14, 2011

MOTION for Extension of Time to File Response/Reply as to 72 Second MOTION to Certify Class by Boyd Bennett, Lamar Blalock, Annie Harvey, Alvin Keller and Timothy Kimble. (Grande, Kimberly) (Entered: 07/14/2011)

RECAP
83 July 15, 2011

ORDER granting 82 Motion for Extension of Time to File Response re: 72 Second MOTION to Certify Class. Response is due by August 8, 2011. Signed by Dennis P. Iavarone, Clerk of Court on 7/14/2011. (Taylor, B.) (Entered: 07/15/2011)

RECAP
84 July 19, 2011

RESPONSE in Opposition re 73 MOTION to Intervene filed by Boyd Bennett, Lamar Blalock, Annie Harvey, Alvin Keller and Timothy Kimble. (Finarelli, Joseph) (Entered: 07/19/2011)

RECAP
85 July 19, 2011

Memorandum in Opposition re 84 Response in Opposition to Motion, 73 MOTION to Intervene filed by Boyd Bennett, Lamar Blalock, Annie Harvey, Alvin Keller and Timothy Kimble. (Finarelli, Joseph) (Entered: 07/19/2011)

RECAP
86 July 20, 2011

NOTICE of Appearance by April Marie Giancola on behalf of All Plaintiffs. (Giancola, April) (Entered: 07/20/2011)

RECAP
87 July 21, 2011

Minute Entry for proceedings held before Magistrate Judge James E. Gates in Raleigh - Status Conference held on 7/21/2011. Parties from both sides present. Oral arguments made. Parties are given until August 4th to either file a joint proposed protective order or separate motions advocating for their particular proposed protective order. Response, if necessary, to be filed by August 18th. Next status conference set for August 25th at 2:30 am in the 6th Floor Courtroom. Written Order to Follow. (Court Reporter - FTR) (Powers, S.) (Entered: 07/21/2011)

RECAP
88 July 25, 2011

Order Setting Hearings - Status Conference set for 8/25/2011 at 2:30 PM in Raleigh - 5th Floor Courtroom before Magistrate Judge James E. Gates. Signed by Magistrate Judge James E. Gates on 7/25/2011. Counsel should read the entire order for critical dates and deadlines. (Indig, A.) (Entered: 07/25/2011)

RECAP
89 Aug. 1, 2011

MOTION for Protective Order by Boyd Bennett, Lamar Blalock, Annie Harvey, Alvin Keller and Timothy Kimble. (Attachments: # 1 Defendants' Proposed Protective Order) (Finarelli, Joseph) (Entered: 08/01/2011)

RECAP
90 Aug. 1, 2011

Memorandum in Support re 89 MOTION for Protective Order filed by Boyd Bennett, Lamar Blalock, Annie Harvey, Alvin Keller and Timothy Kimble. (Attachments: # 1 Plaintiffs' Proposed Protective Order, # 2 E-Mail Communications) (Finarelli, Joseph) (Entered: 08/01/2011)

RECAP
91 Aug. 1, 2011

ORDER denying 52 Motion to Appoint Counsel ; denying 73 Motion to Intervene. Signed by US District Judge James C. Dever, III on 8/1/2011. Copy mailed to defendant Barbosa. (McDowell, G.) (Entered: 08/01/2011)

RECAP

Case Details

State / Territory:

North Carolina

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Nov. 18, 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Female inmates of the North Carolina Department of Correction who were sexually assaulted, abused, and harassed by employees.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

State

North Carolina Department of Correction

Defendant Type(s):

Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Equal Protection

Freedom of speech/association

Unreasonable search and seizure

Other Dockets:

Eastern District of North Carolina 5:09-ct-03187

U.S. Court of Appeals for the Fourth Circuit 11-06515

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Settlement

Form of Settlement:

Private Settlement Agreement

Voluntary Dismissal

Content of Injunction:

Monitoring

Other requirements regarding hiring, promotion, retention

Reporting

Amount Defendant Pays: 200,000

Order Duration: 2012 - 2015

Issues

General/Misc.:

Failure to train

Staff (number, training, qualifications, wages)

Affected Sex/Gender(s):

Female

Jails, Prisons, Detention Centers, and Other Institutions:

Assault/abuse by staff (facilities)

Sex w/ staff; sexual harassment by staff

Recommended Citation