Case: Minnis v. Johnson

1:10-cv-00096 | U.S. District Court for the Eastern District of Virginia

Filed Date: Jan. 29, 2010

Closed Date: March 30, 2016

Clearinghouse coding complete

Case Summary

On January 29, 2010, prisoners in the Virginia Department of Corrections (VDOC) who were deaf or hard of hearing filed this class action lawsuit in the U.S. District Court for the Eastern District of Virginia under the Americans with Disabilities Act, the Rehabilitation Act, the Religious Land Use and Institutionalized Persons Act of 2000, and Virginia state law against Virginia state agencies, departments, and employees thereof. The plaintiffs, represented by the Washington Lawyers Committee a…

On January 29, 2010, prisoners in the Virginia Department of Corrections (VDOC) who were deaf or hard of hearing filed this class action lawsuit in the U.S. District Court for the Eastern District of Virginia under the Americans with Disabilities Act, the Rehabilitation Act, the Religious Land Use and Institutionalized Persons Act of 2000, and Virginia state law against Virginia state agencies, departments, and employees thereof. The plaintiffs, represented by the Washington Lawyers Committee and private counsel, asked the court for declaratory and injunctive relief and damages, claiming that the defendants refused to comply with state and federal laws protecting the rights of the plaintiffs. Specifically, the plaintiffs claimed that the defendants failed to provide adequate access to qualified sign language interpreters, adequate notification of daily events and safety announcements, and adequate means to communicate with individuals outside of prison.

On April 13, 2010, the plaintiffs filed the first amended class action complaint.

On May 11, 2010, Judge Ellis allowed the plaintiffs to voluntarily dismiss several counts of their plaintiffs' first complaint. On June 21, 2010, the plaintiffs entered a stipulation for voluntary dismissal of three of the individual defendants.

On September 14, 2010, the plaintiffs and the medical provider defendants reached a private settlement agreement in which the defendants agreed to pay a total of $37,500 to the plaintiffs and to the plaintiffs' attorneys and to amend policies to ensure protection of the rights of the plaintiffs.

On November 15, 2010, the parties entered a stipulation of voluntary conditional dismissal for all claims. The defendants agreed to ensure that deaf inmates would no longer be discriminated against and the plaintiffs agreed to dismiss all remaining claims. The settlement covered a wide variety of issues, including general policies, initial classification, assessment and assignment, housing, provision of auxiliary aids and services, qualifications and use of sign language interpreters, additional communications, disciplinary matters, visual alert notifications, telecommunication devices, training, and monitoring and compliance.

The settlement permitted the Virginia Department of the Deaf and Hard of Hearing to have access to each prison that housed a deaf/HOH prisoner, twice a year for five years. In addition, Plaintiffs' counsel got similar access, annually, for two years.

If the defendants failed to comply, the agreement allowed plaintiffs to move for reinstatement of the lawsuit, or to proceed in state court and seek specific performance of the agreement. The agreement remained in effect, according to the order entering it, through October 18, 2015.

On October 27, 2014, about a year before the settlement term ended, the plaintiffs filed a motion to reinstate the action, alleging systemic noncompliance with the agreement. The instigating event was when nearly all the deaf prisoners were moved from Powhatan Correction Center, which had been fairly well equipped for them, to the Greensville Correctional Center, which was not. Over the next several months, the plaintiffs' counsel did several prison visits and negotiated further, and then withdrew the motion to reinstate. (One plaintiff disagreed, and there was some litigation over his role and status, where he was separately represented and his lawyer did some prison visits/negotiation. This ended up in him withdrawing his disagreement in March 2016.)

There was no extension of the agreement term, and the last substantive item on the docket is the March 2016 withdrawal, so presumably the case is closed.

Summary Authors

Jessica Kincaid (5/16/2019)

People


Judge(s)

Ellis, Thomas Selby III (Virginia)

Jones, Thomas Rawles Jr. (Virginia)

Attorneys(s) for Plaintiff

Auxier, Adele H. (District of Columbia)

Diaw, Amadou K. (District of Columbia)

Ewing, Gregory L. (District of Columbia)

Finkenstadt, Ivy (Virginia)

Gardner, Elizabeth [Elaine] Elaine (District of Columbia)

Gardner [inactive], Elaine (District of Columbia)

Golden, Deborah Maxine (District of Columbia)

Levine, Jay L. (District of Columbia)

Judge(s)

Ellis, Thomas Selby III (Virginia)

Jones, Thomas Rawles Jr. (Virginia)

Attorneys(s) for Plaintiff

Auxier, Adele H. (District of Columbia)

Diaw, Amadou K. (District of Columbia)

Ewing, Gregory L. (District of Columbia)

Finkenstadt, Ivy (Virginia)

Gardner, Elizabeth [Elaine] Elaine (District of Columbia)

Gardner [inactive], Elaine (District of Columbia)

Golden, Deborah Maxine (District of Columbia)

Levine, Jay L. (District of Columbia)

Mancini, Laura A. (District of Columbia)

Manitta, Lana (Virginia)

Racco, Luciano (District of Columbia)

Attorneys(s) for Defendant

Allen, Charles Manley Jr. (Virginia)

Chabalewski, George Walerian (Virginia)

Davis, Mark Ralph (Virginia)

Demarest, William Francis III (Virginia)

McNelis, Edward J. III (Virginia)

Muldowney, Elizabeth Martin (Virginia)

Parsons, John Michael (Virginia)

Raab, Kimberly Jane (Virginia)

Documents in the Clearinghouse

Document

1:10-cv-00096

Docket [PACER]

April 6, 2016

April 6, 2016

Docket
1

1:10-cv-00096

Class Action Complaint

Jan. 29, 2010

Jan. 29, 2010

Complaint
34

1:10-cv-00096

First Amended Complaint

April 13, 2010

April 13, 2010

Complaint
66

1:10-cv-00096

Order [Dismissing Certain Counts]

May 11, 2010

May 11, 2010

Order/Opinion
100

1:10-cv-00096

Stipulation of Voluntary Dismissal

June 21, 2010

June 21, 2010

Settlement Agreement

1:10-cv-00096

Interpretation and Communication Assistance

Aug. 6, 2010

Aug. 6, 2010

Internal memorandum

1:10-cv-00096

Settlement and Release Agreement

Sept. 14, 2010

Sept. 14, 2010

Settlement Agreement

1:10-cv-00096

Settlement Agreement

Oct. 18, 2010

Oct. 18, 2010

Settlement Agreement
105

1:10-cv-00096

Plaintiffs' Consent Motion for Voluntary Dismissal of Virginia Department of Corrections Defendants

Nov. 9, 2010

Nov. 9, 2010

Pleading / Motion / Brief
110

1:10-cv-00096

Stipulation of Voluntary Dismissal

Nov. 15, 2010

Nov. 15, 2010

Settlement Agreement

Resources

Docket

Last updated Aug. 30, 2022, 3:10 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT with Jury Demand against Gene Johnson, Fred Schilling, Robin Hulbert, G. K. Washington, Lois Fegan, Donald Guillory, Walter A. McFarlane, Sharon Trimmer, Sheldon Retchin, John Duval, Deborah Davis, Amanda Dodd, Eddie L. Pearson, P. C. Hunnel, Sandra Parker, Ronald W. Toney, K. Watson, B. Morris, Virginia Department of Corrections, Virginia Correctional Enterprises, Virginia Department of Correctional Education, Virginia Commonwealth University Health System, Medical College of Virginia, Powhatan Correctional Center ( Filing fee $ 350 receipt number 14683011297.), filed by Wolfjunge Wolfsburger, Gary Minnis, Larry More, David Richardson, Ronald Roman, Delonte Tinsley. (Attachments: # 1 Receipt, # 2 Civil Cover Sheet)(klau, ) (Entered: 01/29/2010)

Jan. 29, 2010

Jan. 29, 2010

Per counsel for plaintiff, defendants to be served by Notice of Lawsuit and Waiver Form. (klau, ) (Entered: 01/29/2010)

Jan. 29, 2010

Jan. 29, 2010

2

NOTICE of Appearance by Mark Ralph Davis on behalf of Gene Johnson, Fred Schilling, Robin Hulbert, G. K. Washington, Lois Fegan, Donald Guillory, Walter A. McFarlane, Sharon Trimmer, Eddie L. Pearson, P. C. Hunnel, Sandra Parker, B. Morris, Virginia Department of Corrections, Virginia Correctional Enterprises, Virginia Department of Correctional Education, Powhatan Correctional Center (Davis, Mark) (Entered: 02/24/2010)

Feb. 24, 2010

Feb. 24, 2010

3

NOTICE of Appearance by John Michael Parsons on behalf of Gene Johnson, Fred Schilling, Robin Hulbert, G. K. Washington, Lois Fegan, Donald Guillory, Walter A. McFarlane, Sharon Trimmer, Eddie L. Pearson, P. C. Hunnel, Sandra Parker, B. Morris, Virginia Department of Corrections, Virginia Correctional Enterprises, Virginia Department of Correctional Education, Powhatan Correctional Center (Parsons, John) (Entered: 02/24/2010)

Feb. 24, 2010

Feb. 24, 2010

4

NOTICE of Appearance by George Walerian Chabalewski on behalf of Gene Johnson, Fred Schilling, Robin Hulbert, G. K. Washington, Lois Fegan, Donald Guillory, Walter A. McFarlane, Sharon Trimmer, Eddie L. Pearson, P. C. Hunnel, Sandra Parker, B. Morris, Virginia Department of Corrections, Virginia Correctional Enterprises, Virginia Department of Correctional Education, Powhatan Correctional Center (Chabalewski, George) (Entered: 02/25/2010)

Feb. 25, 2010

Feb. 25, 2010

Notice of Correction re 3 Notice of Appearance, The signature block on the Certificate of Service does not match the filing users login. The filing user has been notified and has been asked to refile the Certificate of Service. (klau, ) (Entered: 02/25/2010)

Feb. 25, 2010

Feb. 25, 2010

8

WAIVER OF SERVICE Returned Executed Gene Johnson waiver sent on 2/1/2010, answer due 4/2/2010; Fred Schilling waiver sent on 2/1/2010, answer due 4/2/2010; Robin Hulbert waiver sent on 2/1/2010, answer due 4/2/2010; G. K. Washington waiver sent on 2/1/2010, answer due 4/2/2010; Lois Fegan waiver sent on 2/1/2010, answer due 4/2/2010; Donald Guillory waiver sent on 2/1/2010, answer due 4/2/2010; Walter A. McFarlane waiver sent on 2/1/2010, answer due 4/2/2010; Sharon Trimmer waiver sent on 2/1/2010, answer due 4/2/2010; Eddie L. Pearson waiver sent on 2/1/2010, answer due 4/2/2010; P. C. Hunnel waiver sent on 2/1/2010, answer due 4/2/2010; Sandra Parker waiver sent on 2/1/2010, answer due 4/2/2010; B. Morris waiver sent on 2/1/2010, answer due 4/2/2010; Virginia Department of Corrections waiver sent on 2/1/2010, answer due 4/2/2010; Virginia Correctional Enterprises waiver sent on 2/1/2010, answer due 4/2/2010; Virginia Department of Correctional Education waiver sent on 2/1/2010, answer due 4/2/2010; Powhatan Correctional Center waiver sent on 2/1/2010, answer due 4/2/2010. (Attachments: # 1 Letter)(tche) (Entered: 02/26/2010)

Feb. 25, 2010

Feb. 25, 2010

6

WAIVER OF SERVICE Returned Executed; K. Watson waiver sent on 2/1/2010, answer due 4/2/2010. (Attachments: # 1 Letter)(tche) (Entered: 02/26/2010)

Feb. 26, 2010

Feb. 26, 2010

7

WAIVER OF SERVICE Returned Executed; Ronald W. Toney waiver sent on 2/1/2010, answer due 4/2/2010. (Attachments: # 1 Letter)(tche) (Entered: 02/26/2010)

Feb. 26, 2010

Feb. 26, 2010

9

WAIVER OF SERVICE Returned Executed as to John Duval waiver sent on 2/1/2010, answer due 4/2/2010. (Attachments: # 1 Letter)(klau, ) (Entered: 03/03/2010)

March 3, 2010

March 3, 2010

10

WAIVER OF SERVICE Returned Executed as to Amanda Dodd waiver sent on 2/1/2010, answer due 4/2/2010. (Attachments: # 1 Letter)(klau, ) (Entered: 03/03/2010)

March 3, 2010

March 3, 2010

11

WAIVER OF SERVICE Returned Executed as to Deborah Davis waiver sent on 2/1/2010, answer due 4/2/2010. (Attachments: # 1 Letter)(klau, ) (Entered: 03/03/2010)

March 3, 2010

March 3, 2010

12

WAIVER OF SERVICE Returned Executed as to Sheldon Retchin waiver sent on 2/1/2010, answer due 4/2/2010. (Attachments: # 1 letter)(klau, ) (Entered: 03/03/2010)

March 3, 2010

March 3, 2010

13

WAIVER OF SERVICE Returned Executed as to Medical College of Virginia waiver sent on 2/1/2010, answer due 4/2/2010. (Attachments: # 1 Letter)(klau, ) (Entered: 03/03/2010)

March 3, 2010

March 3, 2010

14

WAIVER OF SERVICE Returned Executed as to Virginia Commonwealth University Health System waiver sent on 2/1/2010, answer due 4/2/2010. (Attachments: # 1 Letter)(klau, ) (Entered: 03/03/2010)

March 3, 2010

March 3, 2010

15

ORDER granting applicatin for Gregory L. Ewing to appear Pro hac vice Filing fee paid $ 50, receipt number 14683011918. Signed by District Judge T. S. Ellis, III on 3/4/10. (Attachments: # 1 Receipt, # 2 Letter)(klau, ) (Entered: 03/05/2010)

March 4, 2010

March 4, 2010

16

ORDER granting application for Amadou Kilkenny Diaw to appear Pro hac vice Filing fee paid $ 50, receipt number 14683011918. Signed by District Judge T. S. Ellis, III on 3/4/10. (Attachments: # 1 Receipt, # 2 Letter)(klau, ) (Entered: 03/05/2010)

March 4, 2010

March 4, 2010

17

ORDER granting application for Elizabeth Elaine Lorraine Gardner to appear Pro hac vice Filing fee paid $ 50, receipt number 14683011917. Signed by District Judge T. S. Ellis, III on 3/4/10. (Attachments: # 1 Receipt, # 2 Letter)(klau, ) (Entered: 03/05/2010)

March 4, 2010

March 4, 2010

18

ORDER granting applicatin for Deborah Maxine Golden to appear Pro hac vice Filing fee paid $ 50, receipt number 14683011917. Signed by District Judge T. S. Ellis, III on 3/4/10. (Attachments: # 1 Letter, # 2 Receipt)(klau, ) (Entered: 03/05/2010)

March 4, 2010

March 4, 2010

19

ORDER granting application for Jay Leonard Levine to appear Pro hac vice Filing fee paid $ 50, receipt number 14683011917. Signed by District Judge T. S. Ellis, III on 3/4/10. (Attachments: # 1 Receipt, # 2 Letter)(klau, ) (Entered: 03/05/2010)

March 4, 2010

March 4, 2010

20

ORDER granting application for Laura Ann Mancini to appear Pro hac vice Filing fee paid $ 50, receipt number 14683011917. Signed by District Judge T. S. Ellis, III on 3/4/10. (Attachments: # 1 Receipt, # 2 Letter)(klau, ) (Entered: 03/05/2010)

March 4, 2010

March 4, 2010

21

NOTICE of Appearance by Edward Joseph McNelis, III on behalf of Ronald W. Toney, K. Watson (McNelis, Edward) (Entered: 03/29/2010)

March 29, 2010

March 29, 2010

22

NOTICE of Appearance by Elizabeth Martin Muldowney on behalf of Ronald W. Toney, K. Watson (Muldowney, Elizabeth) (Entered: 03/29/2010)

March 29, 2010

March 29, 2010

23

MOTION to Dismiss by Lois Fegan, Donald Guillory, Robin Hulbert, P. C. Hunnel, Gene Johnson, Walter A. McFarlane, B. Morris, Sandra Parker, Eddie L. Pearson, Powhatan Correctional Center, Fred Schilling, Sharon Trimmer, Virginia Correctional Enterprises, Virginia Department of Correctional Education, Virginia Department of Corrections, G. K. Washington. (Davis, Mark) (Entered: 04/02/2010)

April 2, 2010

April 2, 2010

24

Brief in Support to 23 MOTION to Dismiss filed by Lois Fegan, Donald Guillory, Robin Hulbert, P. C. Hunnel, Gene Johnson, Walter A. McFarlane, B. Morris, Sandra Parker, Eddie L. Pearson, Powhatan Correctional Center, Fred Schilling, Sharon Trimmer, Virginia Correctional Enterprises, Virginia Department of Correctional Education, Virginia Department of Corrections, G. K. Washington. (Davis, Mark) (Entered: 04/02/2010)

April 2, 2010

April 2, 2010

25

MOTION to Dismiss by Ronald W. Toney, K. Watson. (Muldowney, Elizabeth) (Entered: 04/02/2010)

April 2, 2010

April 2, 2010

26

Memorandum in Support re 25 MOTION to Dismiss filed by Ronald W. Toney, K. Watson. (Muldowney, Elizabeth) (Entered: 04/02/2010)

April 2, 2010

April 2, 2010

27

ANSWER to 1 Complaint,,, with Jury Demand by Ronald W. Toney, K. Watson.(Muldowney, Elizabeth) (Entered: 04/02/2010)

April 2, 2010

April 2, 2010

28

Financial Interest Disclosure Statement (Local Rule 7.1) by Ronald W. Toney, K. Watson. (Muldowney, Elizabeth) (Entered: 04/02/2010)

April 2, 2010

April 2, 2010

29

NOTICE of Appearance by Charles Manley Allen, Jr on behalf of Deborah Davis, Amanda Dodd, John Duval, Medical College of Virginia, Sheldon Retchin, Virginia Commonwealth University Health System (Allen, Charles) (Entered: 04/02/2010)

April 2, 2010

April 2, 2010

30

ANSWER to 1 Complaint,,, with Jury Demand by Deborah Davis, Amanda Dodd, John Duval, Medical College of Virginia, Sheldon Retchin, Virginia Commonwealth University Health System.(Allen, Charles) (Entered: 04/02/2010)

April 2, 2010

April 2, 2010

Notice of Correction re 23 MOTION to Dismiss. −−The filing user has been notified to file a Notice of Hearing Date or a Notice of Waiver of Oral Argument. (tche) (Entered: 04/05/2010)

April 5, 2010

April 5, 2010

Notice of Correction re 25 MOTION to Dismiss. −−The filing user has been notified to file a Notice of Hearing Date or a Notice of Waiver of Oral Argument. (tche) (Entered: 04/05/2010)

April 5, 2010

April 5, 2010

31

SCHEDULING ORDER: Initial Pretrial Conference set for 5/5/2010 at 10:00 AM before Magistrate Judge Thomas Rawles Jones Jr. Final Pretrial Conference set for 7/15/2010 at 11:00 AM before District Judge T. S. Ellis III. Discovery due by 7/9/2010. Signed by District Judge T. S. Ellis, III on 4/7/2010. (Attachments: # 1 Pretrial Notice, # 2 Magistrate Consent Form)(tche) (Entered: 04/07/2010)

April 7, 2010

April 7, 2010

32

Notice of Hearing Date set for June 18, 2010 at 10:00am re 25 MOTION to Dismiss (Muldowney, Elizabeth) (Entered: 04/12/2010)

April 12, 2010

April 12, 2010

Set Deadlines as to 25 MOTION to Dismiss. Motion Hearing set for 6/18/2010 at 10:00 AM before District Judge T. S. Ellis III. (clar, ) (Entered: 04/13/2010)

April 13, 2010

April 13, 2010

33

Notice of Hearing Date set for June 18, 2010 re 23 MOTION to Dismiss (Davis, Mark) (Entered: 04/13/2010)

April 13, 2010

April 13, 2010

34

AMENDED COMPLAINT with Jury Demand against Deborah Davis, Amanda Dodd, John Duval, Lois Fegan, Donald Guillory, Robin Hulbert, P. C. Hunnel, Gene Johnson, Walter A. McFarlane, Medical College of Virginia Hospitals, B. Morris, Sandra Parker, Eddie L. Pearson, Powhatan Correctional Center, Sheldon Retchin, Fred Schilling, Ronald W. Toney, Sharon Trimmer, Virginia Commonwealth University Health System Authority, Virginia Correctional Enterprises, Virginia Department of Correctional Education, Virginia Department of Corrections, G. K. Washington, K. Watson, James R Camache, Malcom Taylor, Tony E Reese, C. Stewart, Community Corrections, filed by Wolfjunge Wolfsburger, Ronald Roman, Gary Minnis, Larry More, Delonte Tinsley, David Richardson. (Attachments: # 1 Letter re Amended Complaint)(Auxier, Adele) Modified text on 4/14/2010 (klau, ). (Entered: 04/13/2010)

April 13, 2010

April 13, 2010

35

Summons Issued on amended complaint for service by SPS as to defts' James R. Camache, Tony E. Reese, C. Stewart, Malcom Taylor. (nmck, ) (Entered: 04/15/2010)

April 14, 2010

April 14, 2010

36

NOTICE of Appearance by William Francis Demarest, III on behalf of Deborah Davis, Amanda Dodd, John Duval, Medical College of Virginia Hospitals, Sheldon Retchin, Virginia Commonwealth University Health System Authority (Demarest, William) (Entered: 04/20/2010)

April 20, 2010

April 20, 2010

37

NOTICE of Appearance by Kimberly Jane Raab on behalf of Ronald W. Toney, K. Watson (Raab, Kimberly) (Entered: 04/20/2010)

April 20, 2010

April 20, 2010

38

ANSWER to First Amended Complaint with Jury Demand by Deborah Davis, Amanda Dodd, John Duval, Medical College of Virginia Hospitals, Sheldon Retchin, Virginia Commonwealth University Health System Authority.(Demarest, William) Modified text on 4/21/2010 (klau, ). (Entered: 04/20/2010)

April 20, 2010

April 20, 2010

43

SUMMONS Returned Executedfor Amended Complaint as to C. Stewart served on 4/16/2010, answer due 5/7/2010 (klau, ) (Entered: 04/22/2010)

April 21, 2010

April 21, 2010

44

SUMMONS Returned Executed for Amended Complaint James R. Camache served on 4/16/2010, answer due 5/7/2010 (klau, ) (Entered: 04/26/2010)

April 21, 2010

April 21, 2010

39

NOTICE of Appearance by Edward Joseph McNelis, III on behalf of C. Stewart (McNelis, Edward) (Entered: 04/22/2010)

April 22, 2010

April 22, 2010

40

NOTICE of Appearance by Elizabeth Martin Muldowney on behalf of C. Stewart (Muldowney, Elizabeth) (Entered: 04/22/2010)

April 22, 2010

April 22, 2010

41

NOTICE of Appearance by Kimberly Jane Raab on behalf of C. Stewart (Raab, Kimberly) (Entered: 04/22/2010)

April 22, 2010

April 22, 2010

42

Financial Interest Disclosure Statement (Local Rule 7.1) by C. Stewart. (Muldowney, Elizabeth) (Entered: 04/22/2010)

April 22, 2010

April 22, 2010

45

MOTION to Dismiss Amended Complaint by James R. Camache, Community Corrections, Lois Fegan, Donald Guillory, Robin Hulbert, P. C. Hunnel, Gene Johnson, Walter A. McFarlane, B. Morris, Sandra Parker, Eddie L. Pearson, Powhatan Correctional Center, Tony E. Reese, Fred Schilling, Malcom Taylor, Sharon Trimmer, Virginia Correctional Enterprises, Virginia Department of Correctional Education, Virginia Department of Corrections, G. K. Washington. (Davis, Mark) (Entered: 04/28/2010)

April 28, 2010

April 28, 2010

46

Brief in Support to 45 MOTION to Dismiss Amended Complaint filed by James R. Camache, Community Corrections, Lois Fegan, Donald Guillory, Robin Hulbert, P. C. Hunnel, Gene Johnson, Walter A. McFarlane, B. Morris, Sandra Parker, Eddie L. Pearson, Powhatan Correctional Center, Tony E. Reese, Fred Schilling, Malcom Taylor, Sharon Trimmer, Virginia Correctional Enterprises, Virginia Department of Correctional Education, Virginia Department of Corrections, G. K. Washington. (Davis, Mark) (Entered: 04/28/2010)

April 28, 2010

April 28, 2010

47

MOTION to Dismiss First Amended Complaint by C. Stewart, Ronald W. Toney, K. Watson. (Muldowney, Elizabeth) (Entered: 04/28/2010)

April 28, 2010

April 28, 2010

48

Memorandum in Support re 47 MOTION to Dismiss First Amended Complaint filed by C. Stewart, Ronald W. Toney, K. Watson. (Muldowney, Elizabeth) (Entered: 04/28/2010)

April 28, 2010

April 28, 2010

49

Notice of Hearing Date set for June 18, 2010 at 10:00am re 47 MOTION to Dismiss First Amended Complaint (Muldowney, Elizabeth) (Entered: 04/28/2010)

April 28, 2010

April 28, 2010

50

ANSWER to Complaint with Jury Demand by C. Stewart, Ronald W. Toney, K. Watson.(Muldowney, Elizabeth) (Entered: 04/28/2010)

April 28, 2010

April 28, 2010

51

Discovery Plan by C. Stewart, Ronald W. Toney, K. Watson.(Muldowney, Elizabeth) (Entered: 04/28/2010)

April 28, 2010

April 28, 2010

52

Amended Complaint SUMMONS Returned Executed; Malcom Taylor served on 4/26/2010, answer due 5/17/2010. (tche) (Entered: 04/30/2010)

April 30, 2010

April 30, 2010

53

Amended Complaint SUMMONS Returned Executed; Tony E. Reese served on 4/19/2010, answer due 5/10/2010. (tche) (Entered: 04/30/2010)

April 30, 2010

April 30, 2010

54

ANSWER to First Amended Complaint with Jury Demand by James R. Camache, Community Corrections, Lois Fegan, Donald Guillory, Robin Hulbert, P. C. Hunnel, Gene Johnson, Walter A. McFarlane, B. Morris, Sandra Parker, Eddie L. Pearson, Powhatan Correctional Center, Tony E. Reese, Fred Schilling, Malcom Taylor, Sharon Trimmer, Virginia Correctional Enterprises, Virginia Department of Correctional Education, Virginia Department of Corrections, G. K. Washington.(Davis, Mark) Modified text on 5/3/2010 (klau, ). (Entered: 04/30/2010)

April 30, 2010

April 30, 2010

55

Minute Entry for proceedings held before Magistrate Judge Thomas Rawles Jones, Jr: Initial Pretrial Conference held on 5/5/2010. Appearance of counsel. Discovery plan approved (except as to de bene esse depositions). Order to issue. Pltf's expert designations due June 2nd. Deft's expert designations due July 2nd. Rebuttal due July 16th. Consent order to be submitted. Parties will call chambers to confirm date for settlement conference. (cmar, ) (Entered: 05/06/2010)

May 5, 2010

May 5, 2010

56

Rule 16(b) Scheduling Order − Pursuant to the Rule 16(b) Conference it is ordered that a) Parties shall deliver to chambers (not to the Clerk's office) a copy of every non−dispositive motion and every document relating to such a motion within one business day of filing it. b) Rule 26(a) disclosures, depositions, interrogatories, requests for documents and admissions, and answers thereto shall not be filed except on order of the court, or for use in a motion or at trial. c) The Rule 26(f) report filed by the parties is approved (except for the provision for de bene esse depositions), and shall control discovery to the extent of its application unless modified by the court herein or hereafter. d) Any motion to amend the pleadings or to join a party shall be made as soon as possible after counsel becomes aware of the grounds for the motion. e) No material designated "confidential" by any party shall be disclosed to anyone except counsel and their staffs until further order of the court. (No such material shall be filed with the court except in compliance with paragraph 2.) f) Unless the parties submit a consent order under Local Rule 26(D)(1), expert discovery shall be governed by Local Rule 26(D)(2−4). (SEE ORDER FOR DETAILS.) Signed by Magistrate Judge Thomas Rawles Jones, Jr on 05/05/10. (cmar, ) (Entered: 05/06/2010)

May 5, 2010

May 5, 2010

Notice of Correction re 45 MOTION to Dismiss Amended Complaint , The filing user has been notified to file a Notice of Hearing Date or a Notice of Waiver of Oral Argument.(klau, ) (Entered: 05/07/2010)

May 7, 2010

May 7, 2010

57

Notice of Hearing Date set for June 18, 2010 re 45 MOTION to Dismiss Amended Complaint (Davis, Mark) (Entered: 05/07/2010)

May 7, 2010

May 7, 2010

Set Deadlines as to 45 MOTION to Dismiss Amended Complaint . Motion Hearing set for 6/18/2010 at 10:00 AM before District Judge T. S. Ellis III. (clar, ) (Entered: 05/10/2010)

May 10, 2010

May 10, 2010

58

MOTION to Dismiss by Deborah Davis, Amanda Dodd, John Duval, Medical College of Virginia Hospitals, Sheldon Retchin, Virginia Commonwealth University Health System Authority. (Allen, Charles) (Entered: 05/10/2010)

May 10, 2010

May 10, 2010

59

Memorandum in Support re 58 MOTION to Dismiss filed by Deborah Davis, Amanda Dodd, John Duval, Medical College of Virginia Hospitals, Sheldon Retchin, Virginia Commonwealth University Health System Authority. (Allen, Charles) (Entered: 05/10/2010)

May 10, 2010

May 10, 2010

60

Notice of Hearing Date re 58 MOTION to Dismiss (Allen, Charles) (Entered: 05/10/2010)

May 10, 2010

May 10, 2010

61

Memorandum in Opposition re 45 MOTION to Dismiss Amended Complaint filed by Gary Minnis, Larry More, David Richardson, Ronald Roman, Delonte Tinsley, Wolfjunge Wolfsburger. (Auxier, Adele) (Entered: 05/10/2010)

May 10, 2010

May 10, 2010

63

Consent MOTION to Dismiss Claims Voluntarily by Gary Minnis, Larry More, David Richardson, Ronald Roman, Delonte Tinsley, Wolfjunge Wolfsburger. (Attachments: # 1 Proposed Order)(Auxier, Adele) (Entered: 05/10/2010)

May 10, 2010

May 10, 2010

64

Notice of Hearing Date set for May 21, 2010 re 63 Consent MOTION to Dismiss Claims Voluntarily (Auxier, Adele) (Entered: 05/10/2010)

May 10, 2010

May 10, 2010

Notice of Correction re 64 Notice of Hearing Date. The filing user has been notified to file an Amended Notice of Hearing Date, as the Notice of Hearing Date set an untimely hearing. (clar, ) (Entered: 05/11/2010)

May 11, 2010

May 11, 2010

Set Deadlines as to 58 MOTION to Dismiss. Motion Hearing set for 6/18/2010 at 10:00 AM before District Judge T. S. Ellis III. (clar, ) (Entered: 05/11/2010)

May 11, 2010

May 11, 2010

Set Deadlines as to 63 Consent MOTION to Dismiss Claims Voluntarily . Motion Hearing set for 5/21/2010 at 10:00 AM before District Judge T. S. Ellis III. (Atty to re−file notice − filed untimely) (clar, ) (Entered: 05/11/2010)

May 11, 2010

May 11, 2010

65

Notice of Hearing Date set for 05/28/2010 re 63 Consent MOTION to Dismiss Claims Voluntarily (Auxier, Adele) (Entered: 05/11/2010)

May 11, 2010

May 11, 2010

Set Hearing: Settlement Conference set for 6/24/2010 at 11:00 AM before Magistrate Judge Thomas Rawles Jones Jr. (cmar, ) (Entered: 05/11/2010)

May 11, 2010

May 11, 2010

66

ORDER that 63 Motion to Dismiss is GRANTED, and that Counts III, IV, IX and X of Plaintiffs' First Amended Class Action Complaint for Declaratory And Injunctive Relief And Damages are hereby dismissed without prejudice. Signed by District Judge T. S. Ellis, III on 5/11/10. (klau, ) (Entered: 05/11/2010)

May 11, 2010

May 11, 2010

67

NOTICE − Pursuant to the Local Rules of this Court and the E−Filing Policies and Procedures manual, electronic case filing is mandatory;therefore, paper documents (VCUHS−MCVH Defendants' Rule 26(a)(1)Disclosures) were returned to counsel (William F. Demarest III) (klau, ) (Entered: 05/11/2010)

May 11, 2010

May 11, 2010

68

Rebuttal to Plaintiffs' Opposition to 23 Motion to Dismiss filed by James R. Camache, Community Corrections, Lois Fegan, Donald Guillory, Robin Hulbert, P. C. Hunnel, Gene Johnson, Walter A. McFarlane, B. Morris, Sandra Parker, Eddie L. Pearson, Powhatan Correctional Center, Tony E. Reese, Fred Schilling, Malcom Taylor, Sharon Trimmer, Virginia Correctional Enterprises, Virginia Department of Correctional Education, Virginia Department of Corrections, G. K. Washington. (Davis, Mark) Modified text on 5/18/2010 (klau, ). (Entered: 05/17/2010)

May 17, 2010

May 17, 2010

69

Rebuttal to Plaintiffs' Memorandum in Oppostion to 25 MOTION to Dismiss filed by C. Stewart, Ronald W. Toney, K. Watson. (Muldowney, Elizabeth) Modified text on 5/18/2010 (klau, ). (Entered: 05/17/2010)

May 17, 2010

May 17, 2010

70

CONSENT ORDER the court makes the following rulings regarding expert disclosures under Fed.R.Civ. Proc. 26(a)(2): 1. The plaintiffs' affirmative expert disclosures are due on June 2, 2010 −−−− (see order for details). Signed by Magistrate Judge Thomas Rawles Jones, Jr on 5/24/10. (klau, ) (Entered: 05/24/2010)

May 24, 2010

May 24, 2010

71

Memorandum in Opposition to 58 MOTION to Dismiss filed by Gary Minnis. (Auxier, Adele) Modified text on 5/25/2010 (klau, ). (Entered: 05/24/2010)

May 24, 2010

May 24, 2010

72

Notice of Hearing Date set for June 11, 2010 re 73 MOTION to Strike, in Part, VDOC Defendants' Rebuttal to Plaintiffs' Opposition to Motion to Dismiss or,in the Alternative, for Leave File Sur−Reply re 68 Response, by Gary Minnis, Larry More, David richardson, ronald Roman, Delonte Tinsley, and Wolfjunge Wolfsburger (Auxier, Adele) Modified text on 5/25/2010 (klau, ). (Entered: 05/24/2010)

May 24, 2010

May 24, 2010

73

MOTION to Strike, in Part, VDOC Defendants' Rebuttal to Plaintiffs' Opposition to Motion to Dismiss or,in the Alternative, for Leave File Sur−Reply re 68 Response, by Gary Minnis, Larry More, David richardson, ronald Roman, Delonte Tinsley, and Wolfjunge Wolfsburger. (Attachments: # 1 Proposed Order, # 2 Proposed Order, # 3 Exhibit A)(Auxier, Adele) Modified text on 5/25/2010 (klau, ). (Entered: 05/24/2010)

May 24, 2010

May 24, 2010

75

MOTION to Strike 69 Reply to Response to Motion to Dismiss by Toney et al by Gary Minnis, Larry More, David Richardson, Ronald Roman, Delonte Tinsley, Wolfjunge Wolfsburger. (Attachments: # 1 Exhibit, # 2 Proposed Order, # 3 Proposed Order)(Auxier, Adele) (Entered: 05/24/2010)

May 24, 2010

May 24, 2010

76

Memorandum in Support re 75 MOTION to Strike 69 Reply to Response to Motion to Dismiss by Toney et al MOTION to Strike 69 Reply to Response to Motion to Dismiss by Toney et al filed by Gary Minnis, Larry More, David Richardson, Ronald Roman, Delonte Tinsley, Wolfjunge Wolfsburger. (Auxier, Adele) (Entered: 05/24/2010)

May 24, 2010

May 24, 2010

77

MOTION for Leave to File Sur−Reply by Gary Minnis, Larry More, David Richardson, Ronald Roman, Delonte Tinsley, Wolfjunge Wolfsburger. (Attachments: # 1 Exhibit, # 2 Proposed Order, # 3 Proposed Order)(Auxier, Adele) (Entered: 05/24/2010)

May 24, 2010

May 24, 2010

78

Memorandum in Support re 77 MOTION for Leave to File Sur−Reply to Toney et al Reply filed by Gary Minnis, Larry More, David Richardson, Ronald Roman, Delonte Tinsley, Wolfjunge Wolfsburger. (Auxier, Adele) (Entered: 05/24/2010)

May 24, 2010

May 24, 2010

79

Notice of Hearing Date set for June 11, 2010 re 75 MOTION to Strike 69 Reply to Response to Motion to Dismiss by Toney et al MOTION to Strike 69 Reply to Response to Motion to Dismiss by Toney et al (Auxier, Adele) (Entered: 05/24/2010)

May 24, 2010

May 24, 2010

80

Notice of Hearing Date set for June 4, 2010 re 77 MOTION for Leave to File Sur−Reply (Auxier, Adele) (Entered: 05/24/2010)

May 24, 2010

May 24, 2010

Set Deadline as to 73 MOTION to Strike, in Part, VDOC Defendants' Rebuttal to Plaintiffs' Opposition to Motion to Dismiss or,in the Alternative, for Leave File Sur−Reply. Motion Hearing set for 6/11/2010 at 10:00 AM before District Judge T. S. Ellis III. (stas) (Entered: 05/25/2010)

May 24, 2010

May 24, 2010

Set Deadline as to 75 MOTION to Strike 69 Reply to Response to Motion to Dismiss by Toney et al . Motion Hearing set for 6/11/2010 at 10:00 AM before District Judge T. S. Ellis III. (stas) (Entered: 05/25/2010)

May 24, 2010

May 24, 2010

Set Deadline as to 77 MOTION for Leave to File Sur−Reply . Motion Hearing set for 6/4/2010 at 10:00 AM before District Judge T. S. Ellis III. (stas) (Entered: 05/25/2010)

May 24, 2010

May 24, 2010

Notice of Correction re 73 MOTION to Strike 68 Response,, MOTION for Leave to File re 68 Response, The filing user has been notified to file a Notice of Hearing Date or a Notice of Waiver of Oral Argument(klau, ) (Entered: 05/25/2010)

May 25, 2010

May 25, 2010

81

Rebuttal to Plaintiffs' Opposition to 58 MOTION to Dismiss filed by Deborah Davis, Amanda Dodd, John Duval, Medical College of Virginia Hospitals, Sheldon Retchin, Virginia Commonwealth University Health System Authority. (Allen, Charles) Modified text on 6/2/2010 (klau, ). (Entered: 06/01/2010)

June 1, 2010

June 1, 2010

82

Notice of Hearing Date set for 06/18/10 re 73 MOTION to Strike 68 Response,, MOTION for Leave to File re 68 Response,, MOTION to Strike 68 Response,, MOTION for Leave to File re 68 Response,, (Auxier, Adele) (Entered: 06/02/2010)

June 2, 2010

June 2, 2010

83

Notice of Hearing Date re 77 MOTION for Leave to File Sur−Reply , 75 MOTION to Strike 69 Reply to Response to Motion to Dismiss by Toney et al MOTION to Strike 69 Reply to Response to Motion to Dismiss by Toney et al (Auxier, Adele) (Entered: 06/02/2010)

June 2, 2010

June 2, 2010

84

ORDER that the Fegan defendants' and the Toney defendants' respective 23 25 Motion to Dismiss the original complaint are DENIED AS MOOT. Oral argument on the defendants' respective remaining motions to dismiss the amended complaint will proceed, as currently scheduled, at 10:00 a.m., Friday, June 18, 2010. ORDERED that plaintiffs' duplicative motion to strike or file a sur−reply to the Toney defendants' reply brief 77 is DENIED AS MOOT, given the previous filing of an identical motion (Doc. 75). Accordingly, the hearing currently scheduled for 10:00 a.m., Friday, June 4,2010, on Doc. 77 is CANCELLED. ORDERED that the June 11,2010 hearings on the remaining motions to strike or file a sur−reply (Docs. 73,75) are CONTINUED to 10:00 a.m., Friday, June 18,2010. Signed by District Judge T. S. Ellis, III on 6/3/10. (klau, ) (Entered: 06/03/2010)

June 3, 2010

June 3, 2010

Reset Deadlines as to 73 MOTION to Strike 68 Response,, MOTION for Leave to File re 68 Response, 75 MOTION to Strike 69 Reply to Response to Motion to Dismiss by Toney et al Motion Hearing set for 6/18/2010 at 10:00 AM before District Judge T. S. Ellis III. (klau, ) (Entered: 06/03/2010)

June 3, 2010

June 3, 2010

85

Opposition to 73 MOTION to Strike 68 Response,, MOTION for Leave to File re 68 Response, filed by James R. Camache, Community Corrections, Lois Fegan, Donald Guillory, Robin Hulbert, P. C. Hunnel, Gene Johnson, Walter A. McFarlane, B. Morris, Sandra Parker, Eddie L. Pearson, Powhatan Correctional Center, Tony E. Reese, Fred Schilling, Malcom Taylor, Sharon Trimmer, Virginia Correctional Enterprises, Virginia Department of Correctional Education, Virginia Department of Corrections, G. K. Washington. (Davis, Mark) Modified text on 6/8/2010 (klau, ). (Entered: 06/07/2010)

June 7, 2010

June 7, 2010

86

RESPONSE to Motion re 77 MOTION for Leave to File Sur−Reply filed by C. Stewart, Ronald W. Toney, K. Watson. (Muldowney, Elizabeth) (Entered: 06/07/2010)

June 7, 2010

June 7, 2010

87

Memorandum in Opposition re 75 MOTION to Strike 69 Reply to Response to Motion to Dismiss by Toney et al MOTION to Strike 69 Reply to Response to Motion to Dismiss by Toney et al filed by C. Stewart, Ronald W. Toney, K. Watson. (Muldowney, Elizabeth) (Entered: 06/07/2010)

June 7, 2010

June 7, 2010

Case Details

State / Territory: Virginia

Case Type(s):

Prison Conditions

Disability Rights

Special Collection(s):

Post-PLRA Jail and Prison Private Settlement Agreements

Deaf or Blind in Jail/Prison

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 29, 2010

Closing Date: March 30, 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Inmates in the Virginia Department of Corrections (VDOC) who were deaf or hard of hearing

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Washington Lawyers' Committee

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

Virginia Department of Corrections, State

Virginia Commonwealth University Health System Authority, State

Medical College of Virginia Hospitals, State

Virginia Correctional Enterprises, State

Virginia Department of Correctional Education, 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.

Religious Freedom Rest. Act/Religious Land Use and Inst. Persons Act (RFRA/RLUIPA)

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

State law

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Cruel and Unusual Punishment

Equal Protection

Free Exercise Clause

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Private Settlement Agreement

Amount Defendant Pays: 37,500

Order Duration: 2010 - 2015

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Monitoring

Provide antidiscrimination training

Reporting

Issues

General:

Classification / placement

Conditions of confinement

Disciplinary procedures

Failure to train

Grievance procedures

Phone

Reasonable Accommodations

Reasonable Modifications

Religious programs / policies

Special education

Staff (number, training, qualifications, wages)

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Hearing impairment

Medical/Mental Health:

Medical care, general

Type of Facility:

Government-run