Case: Doe v. Patrick

1:14-cv-12813 | U.S. District Court for the District of Massachusetts

Filed Date: June 30, 2014

Closed Date: March 31, 2018

Clearinghouse coding complete

Case Summary

On June 30, 2014, women civilly committed to the Massachusetts Correctional Institution at Framingham (MCI Framingham) under Chapter 123, section 35 of Massachusetts law, filed this lawsuit in U.S. District Court in the District of Massachusetts. They sued the Massachusetts Department of Correction, under 42 U.S.C § 1983 and the Americans with Disabilities Act. Represented by Prisoners Legal Services Inc., the ACLU of Massachusetts, and private counsel, they sought a preliminary and permanent i…

On June 30, 2014, women civilly committed to the Massachusetts Correctional Institution at Framingham (MCI Framingham) under Chapter 123, section 35 of Massachusetts law, filed this lawsuit in U.S. District Court in the District of Massachusetts. They sued the Massachusetts Department of Correction, under 42 U.S.C § 1983 and the Americans with Disabilities Act. Represented by Prisoners Legal Services Inc., the ACLU of Massachusetts, and private counsel, they sought a preliminary and permanent injunction preventing the Massachusetts Department of Correction from placing civilly committed women in MCI Framingham instead of an in-patient treatment facility. They sought to represent a class of others like them—women civilly committed because of drug and alcohol dependence who were placed in MCI Framingham alongside criminal inmates and without the facilities necessary for proper treatment of their disorders.

On January 13, 2015, plaintiff’s certification motion was granted. The class was defined as “all women who are now or will be civilly held at MCI-Framingham based solely on an order under Massachusetts General Laws Chapter 123, Section 35." Plaintiffs then filed an amended complaint on January 27, 2015 to include the complaints of seven other “Jane Does” and to drop allegations of violations of parts of the Constitution of the Commonwealth of Massachusetts.

On January 21, 2016 the Massachusetts legislature passed a bill to amend Section 35 practices. Four days later, Governor Baker signed the bill into law, enacting the Women's Recovery from Addictions Program. Under the amended law, women who were civilly committed would go to a treatment facility, or in some cases to a "secure facility" (not a prison) that the state Departments of Public Health or Mental Health had to approve.

On May 2 of that year, the state moved to dismiss the complaint, alleging that the controversy and class no longer existed. On June 10, the court denied the motion to dismiss on the basis that the court was not in the position to determine mootness because the plaintiff requested injunctive relief. The court suggested the plaintiffs amend their complaint again to request declaratory judgment as the preferred remedy.

On July 15, 2016, the plaintiffs submitted a reply to the court's order to amend and expressed an intention to file a motion for summary judgment based on the amended statute. The parties did not agree on what the next steps should be, but nothing more was filed for about two years.

On March 31, 2018, the court dismissed the case without prejudice. The plaintiffs had asked the court to interpret the amended law to definitively rule out civil commitment to MCI Framingham, while the defendants refused to agree with this interpretation, but asked the court to dismiss the case because they did not currently plan to civilly commit anyone to MCI Framingham. The court concluded that the parties had not pointed to any foreseeable situation where people would be civilly committed to MCI Framingham, so there was no foreseeable concrete injury and the case was moot. The case is now closed.

Summary Authors

Steve Vnuk (9/25/2014)

Frances Hollander (2/21/2016)

Chelsea Rinnig (2/14/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/13433110/parties/doe-v-patrick/


Judge(s)
Attorney for Plaintiff

Fleischner, Robert D. (Massachusetts)

Attorney for Defendant

Bertram, Bryan F (Massachusetts)

Cohen, Michael H. (Massachusetts)

D'Angelo, Dennis N (Massachusetts)

Healey, Maura T. (Massachusetts)

Expert/Monitor/Master/Other

Documents in the Clearinghouse

Documents in this case

1:14-cv-12813

Docket [PACER]

March 31, 2018

March 31, 2018

Docket
1

1:14-cv-12813

Class Action Complaint

June 30, 2014

June 30, 2014

Complaint
54

1:14-cv-12813

Amended Complaint

Doe v Patrick

Jan. 27, 2015

Jan. 27, 2015

Complaint
86

1:14-cv-12813

Defendants' Motion to Dismiss Case as Moot Under Fed. R. Civ. P. 12(b)(1)

Doe v. Baker

May 2, 2016

May 2, 2016

Pleading / Motion / Brief
89-5

1:14-cv-12813

Final Report

May 16, 2016

May 16, 2016

Monitor/Expert/Receiver Report
94

1:14-cv-12813

Plaintiffs' Response to the Court's June 13th Docket Entry

Doe v. Baker

June 24, 2016

June 24, 2016

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/13433110/doe-v-patrick/

Last updated June 15, 2026, 6:54 a.m.

ECF Number Date Description Link
1 June 30, 2014

COMPLAINT against Jane Doe Filing fee: $ 400, receipt number 0101-5081041 (Fee Status: Filing Fee paid), filed by Jane Doe. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form)(Lee, William) (Entered: 06/30/2014)

1 Civil Cover Sheet

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2 Category Form

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2 June 30, 2014

MOTION to Certify Class (Plaintiff's Motion for Class Certification) by Jane Doe.(Lee, William) (Entered: 06/30/2014)

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3 June 30, 2014

MEMORANDUM in Support re 2 MOTION to Certify Class (Plaintiff's Motion for Class Certification) filed by Jane Doe. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Lee, William) (Entered: 06/30/2014)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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4 June 30, 2014

MOTION to Seal Exhibit A of Plaintiff's Memorandum of Law in Support of Motion for Class Certification, by Jane Doe. (Attachments: # 1 Text of Proposed Order)(Lee, William) (Entered: 06/30/2014)

1 Text of Proposed Order

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5 July 1, 2014

MOTION For Leave To Proceed Pseudonymously by Jane Doe. (Attachments: # 1 Text of Proposed Order)(Lee, William) (Entered: 07/01/2014)

1 Text of Proposed Order

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6 July 1, 2014

MEMORANDUM in Support re 5 MOTION For Leave To Proceed Pseudonymously filed by Jane Doe. (Lee, William) (Entered: 07/01/2014)

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7 July 1, 2014

NOTICE of Case Assignment. Magistrate Judge Jennifer C. Boal assigned to case. Plaintiff's counsel, or defendant's counsel if this case was initiated by the filing of a Notice of Removal, are directed to the Notice and Procedures regarding Consent to Proceed before the Magistrate Judge which can be downloaded here. These documents will be mailed to counsel not receiving notice electront> (Abaid, Kimberly) (Entered: 07/01/2014)

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8 July 1, 2014

Summons Issued as to All Defendants. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Geraldino-Karasek, Clarilde) (Entered: 07/01/2014)

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9 July 1, 2014

NOTICE of Appearance by Robert D. Fleischner on behalf of Jane Doe (Fleischner, Robert) (Entered: 07/01/2014)

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10 July 1, 2014

MOTION for Leave to Appear Pro Hac Vice for admission of Samuel Miller Filing fee: $ 100, receipt number 0101-5083320 by Jane Doe. (Attachments: # 1 Certification)(Fleischner, Robert) (Entered: 07/01/2014)

1 Certification

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11 July 1, 2014

Magistrate Judge Jennifer C. Boal: ELECTRONIC ORDER entered granting 10 Motion for Leave to Appear Pro Hac Vice Added Samuel Miller. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (York, Steve) (Entered: 07/01/2014)

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12 July 2, 2014

SUMMONS Returned Executed Massachusetts Department of Correction served on 7/1/2014, answer due 7/22/2014. (Lee, William) (Entered: 07/02/2014)

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13 July 2, 2014

SUMMONS Returned Executed Luis S. Spencer served on 7/1/2014, answer due 7/22/2014. (Lee, William) (Entered: 07/02/2014)

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14 July 2, 2014

NOTICE of Appearance by Lisa J. Pirozzolo on behalf of Jane Doe (Pirozzolo, Lisa) (Entered: 07/02/2014)

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15 July 2, 2014

NOTICE of Appearance by Sean K. Thompson on behalf of Jane Doe (Thompson, Sean) (Entered: 07/02/2014)

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16 July 2, 2014

NOTICE of Appearance by Matthew Segal on behalf of Jane Doe (Segal, Matthew) (Entered: 07/02/2014)

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17 July 2, 2014

NOTICE of Appearance by Jessie J. Rossman on behalf of Jane Doe (Rossman, Jessie) (Entered: 07/02/2014)

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18 July 3, 2014

NOTICE of Appearance by Samuel Miller on behalf of Jane Doe (Miller, Samuel) (Entered: 07/03/2014)

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19 July 8, 2014

NOTICE of Appearance by William D. Saltzman on behalf of Lynn Bissonnette, Massachusetts Department of Correction, Luis S. Spencer (Saltzman, William) (Main Document 19 replaced on 7/8/2014) (York, Steve). (Entered: 07/08/2014)

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20 July 8, 2014

NOTICE of Appearance by Michael H. Cohen on behalf of Lynn Bissonnette, Massachusetts Department of Correction, Luis S. Spencer (Cohen, Michael) (Entered: 07/08/2014)

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21 July 8, 2014

NOTICE of Appearance by Bonita P. Tenneriello on behalf of Jane Doe (Tenneriello, Bonita) (Entered: 07/08/2014)

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22 July 8, 2014

NOTICE of Appearance by James R. Pingeon on behalf of Jane Doe (Pingeon, James) (Entered: 07/08/2014)

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23 July 8, 2014

SUMMONS Returned Executed Deval Patrick served on 7/2/2014, answer due 7/23/2014. (Lee, William) (Entered: 07/08/2014)

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24 July 8, 2014

SUMMONS Returned Executed Lynn Bissonnette served on 7/2/2014, answer due 7/23/2014. (Lee, William) (Entered: 07/08/2014)

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25 July 9, 2014

NOTICE of Appearance by John Michael Stephan on behalf of Deval Patrick (Stephan, John) (Entered: 07/09/2014)

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26 July 10, 2014

Assented to MOTION for Extension of Time to 08/04/ 20 14 to File Answer by Lynn Bissonnette, Massachusetts Department of Correction, Luis S. Spencer.(Saltzman, William) (Entered: 07/10/2014)

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27 July 11, 2014

Magistrate Judge Jennifer C. Boal: ELECTRONIC ORDER entered granting 26 Assented to Motion for Extension of Time to 08/04/ 2014 to File Answer. Lynn Bissonnette answer due 8/4/2014; Massachusetts Department of Correction answer due 8/4/2014; Luis S. Spencer answer due 8/4/2014. (York, Steve) (Entered: 07/11/2014)

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28 July 17, 2014

MOTION for Leave to File Supplement to Complaint by Jane Doe. (Attachments: # 1 Text of Proposed Order Granting Plaintiffs' Motion for Leave to Supplement the Complaint)(Lee, William) (Entered: 07/17/2014)

1 Text of Proposed Order Granting Plaintiffs' Motion for Leave to Supplement

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29 July 17, 2014

MEMORANDUM in Support re 28 MOTION for Leave to File Supplement to Complaint filed by Jane Doe. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Lee, William) (Entered: 07/17/2014)

1 Exhibit A

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2 Exhibit B

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30 July 17, 2014

Supplemental MOTION for Leave to Proceed Pseudonymously by Jane Doe. (Attachments: # 1 Text of Proposed Order Granting Plaintiffs' Supplemental Motion for Leave to Proceed Pseudonymously)(Lee, William) (Entered: 07/17/2014)

1 Text of Proposed Order Granting Plaintiffs' Supplemental Motion for Leave t

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31 July 18, 2014

Assented to MOTION for Extension of Time to August 11, 2014 to File Response/Reply as to 2 MOTION to Certify Class (Plaintiff's Motion for Class Certification), 1 Complaint by Lynn Bissonnette, Massachusetts Department of Correction, Luis S. Spencer.(Cohen, Michael) (Entered: 07/18/2014)

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32 July 18, 2014

Magistrate Judge Jennifer C. Boal: ELECTRONIC ORDER entered granting 31 Assented to Motion for Extension of Time to August 11, 2014 to File Response/Reply. (York, Steve) (Entered: 07/18/2014)

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33 July 22, 2014

NOTICE of Appearance by John Michael Stephan on behalf of Lynn Bissonnette, Massachusetts Department of Correction, Deval Patrick, Luis S. Spencer (Stephan, John) (Entered: 07/22/2014)

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34 July 22, 2014

Assented to MOTION for Extension of Time to August 11, 2014 to File Answer, Assented to MOTION for Extension of Time to August 11, 2014 to File Response/Reply to Motion for Class Certification ( Responses due by 8/5/2014) by Deval Patrick.(Stephan, John) (Entered: 07/22/2014)

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35 July 22, 2014

STIPULATION and (Proposed) Order by Jane Doe. (Lee, William) (Entered: 07/22/2014)

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36 July 28, 2014

Magistrate Judge Jennifer C. Boal: ELECTRONIC ORDER entered granting 34 Assented to MOTION for Extension of Time to August 11, 2014 to File Answer, Assented to MOTION for Extension of Time to August 11, 2014 to File Response/Reply to Motion for Class Certification. (York, Steve) (Entered: 07/28/2014)

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37 July 30, 2014

MOTION to Withdraw as Attorney by Lynn Bissonnette, Massachusetts Department of Correction, Luis S. Spencer. (Attachments: # 1 Notice of Withdrawal, # 2 Notice of Withdrawal)(Saltzman, William) (Entered: 07/30/2014)

1 Notice of Withdrawal

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2 Notice of Withdrawal

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38 July 31, 2014

Refusal to Consent to Proceed Before a US Magistrate Judge. . (Lee, William) (Entered: 07/31/2014)

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39 Aug. 4, 2014

ELECTRONIC NOTICE of Reassignment. Judge Douglas P. Woodlock added. (Abaid, Kimberly) (Entered: 08/04/2014)

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40 Aug. 11, 2014

ANSWER to 1 Complaint by Lynn Bissonnette, Massachusetts Department of Correction, Deval Patrick, Luis S. Spencer.(Stephan, John) (Entered: 08/11/2014)

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41 Aug. 11, 2014

Assented to MOTION for Extension of Time to August 12, 2014 to File Response/Reply as to 2 MOTION to Certify Class (Plaintiff's Motion for Class Certification) by Lynn Bissonnette, Massachusetts Department of Correction, Deval Patrick, Luis S. Spencer.(Stephan, John) (Entered: 08/11/2014)

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42 Aug. 12, 2014

Judge Douglas P. Woodlock: ELECTRONIC ORDER entered granting 37 Motion to Withdraw Appearances; Attorneys Michael H. Cohen and William D. Saltzman terminated; granting 41 Assented to Motion for Extension of Time Until 8/12/14 to File Response/Reply re 2 MOTION to Certify Class ; granting 4 Motion to Seal Exhibit A to Memorandum in Support of Motion to Certify Class; granting 5 Motion for Leave to Proceed Pseudonymously; granting 30 Supplemental Motion for Leave to Proceed Pseudonymously. (Lovett, Jarrett) (Entered: 08/12/2014)

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43 Aug. 12, 2014

Assented to MOTION to Amend Motion for Class Certification by Jane Doe.(Lee, William) (Entered: 08/12/2014)

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44 Nov. 4, 2014

NOTICE OF SCHEDULING INITIAL SCHEDULING CONFERENCE, ORDER FOR JOINT STATEMENT AND CERTIFICATIONS, AND ORDER FOR ELECTRONIC FILING: Initial Scheduling Conference set for 1/13/2015 03:30 PM in Courtroom 1 before Judge Douglas P. Woodlock. (Lovett, Jarrett) (Entered: 11/04/2014)

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45 Jan. 6, 2015

NOTICE of Appearance by Dennis N. D'Angelo on behalf of Lynn Bissonnette, Massachusetts Department of Correction, Deval Patrick, Luis S. Spencer (D'Angelo, Dennis) (Entered: 01/06/2015)

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46 Jan. 6, 2015

REPORT of Rule 26(f) Planning Meeting. (Lee, William) (Entered: 01/06/2015)

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47 Jan. 6, 2015

CERTIFICATION pursuant to Local Rule 16.1 (D)(3), by Jane Doe.(Lee, William) (Entered: 01/06/2015)

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48 Jan. 12, 2015

CERTIFICATION pursuant to Local Rule 16.1 (D)(3) of Thomas Dickhaut as authorized representative for the Massachusetts Department of Correction, the Commissioner of the Massachusetts Department of Correction, and the Superintendent of the Massachusetts Correctional Institution at Framingham. (Stephan, John) (Entered: 01/12/2015)

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49 Jan. 13, 2015

ELECTRONIC Clerk's Notes for proceedings held before Judge Douglas P. Woodlock: Initial Scheduling Conference held on 1/13/2015; 2 Plaintiff's Motion to Certify Class- GRANTED; 43 Plaintiff's Assented to Motion to Amend Motion to Certify Class - GRANTED; 28 Plaintiff's Motion for Leave to Supplement the Complaint - GRANTED; proposed scheduled adopted by the Court; Submission of Protective Order by 1/30/15; Deadline to Join Additional Parties and AmendPleadings 5/1/15; Fact Discovery completed by 8/15/15; Service of Expert Witness Report(s) for Those Subject(s) for Which Parties Have Burden of Proof by 9/30/15; Service of Rebuttal Expert Witness Report(s) by 11/6/15; Expert Discovery completed by 12/18/15; Summary Judgment Motions due by 1/15/16; Oppositions to Summary Judgment Motions due by 2/12/16; Replies to Summary Judgment Motions due by 3/4/16. (Court Reporter: Brenda Hancock at 617-439-3214.)(Attorneys present: Lee, Miller, Pingeon, Pirozzolo, Rossman, Segal, Stephan, and Thompson) (Lovett, Jarrett) (Entered: 01/14/2015)

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50 Jan. 14, 2015

ELECTRONIC NOTICE of Hearing. Further Status/Scheduling Conference set for 5/19/2016 02:00 PM in Courtroom 1 before Judge Douglas P. Woodlock. By 5/12/2016, the parties shall file a JOINT STATUS REPORT indicating the current status of the case, including discovery proceedings, settlement discussions, pending or contemplated motions, proposed dates for pretrial conferences and for trial, and any other matters which should be addressed at the further conference. (Lovett, Jarrett) (Entered: 01/14/2015)

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51 Jan. 14, 2015

Set/Reset Deadlines: Joint Status Report due by 5/12/2016. (Lovett, Jarrett) (Entered: 01/14/2015)

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52 Jan. 22, 2015

Transcript of Scheduling Conference held on January 13, 2015, before Judge Douglas P. Woodlock. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Brenda Hancock at 617-439-3214 Redaction Request due 2/12/2015. Redacted Transcript Deadline set for 2/23/2015. Release of Transcript Restriction set for 4/22/2015. (Scalfani, Deborah) (Entered: 01/22/2015)

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53 Jan. 22, 2015

NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/caseinfo/transcripts.htm (Scalfani, Deborah) (Entered: 01/22/2015)

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54 Jan. 27, 2015

AMENDED COMPLAINT against All Defendants, filed by Jane Doe.(Lee, William) (Entered: 01/27/2015)

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55 Jan. 30, 2015

STIPULATION as to Date for Submission of Protective Order by Charles D. Baker, Lynn Bissonnette, Carol Higgins O'Brien, Massachusetts Department of Correction. (Stephan, John) (Entered: 01/30/2015)

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56 Jan. 30, 2015

Judge Douglas P. Woodlock: ELECTRONIC ORDER entered approving 55 Stipulation by the parties to file protective order by 2/6/15.(Lovett, Jarrett) (Entered: 01/30/2015)

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57 Feb. 6, 2015

STIPULATION as to Date for Submission of Protective Order by Charles D. Baker, Lynn Bissonnette, Carol Higgins O'Brien, Massachusetts Department of Correction. (Stephan, John) (Entered: 02/06/2015)

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58 Feb. 11, 2015

Assented to MOTION for Extension of Time to February 13, 2015 to File Answer re 54 Amended Complaint by Charles D. Baker, Lynn Bissonnette, Carol Higgins O'Brien, Massachusetts Department of Correction.(Stephan, John) (Entered: 02/11/2015)

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59 Feb. 13, 2015

ANSWER to 54 Amended Complaint by Charles D. Baker, Lynn Bissonnette, Carol Higgins O'Brien, Massachusetts Department of Correction.(Stephan, John) (Entered: 02/13/2015)

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60 Feb. 13, 2015

Judge Douglas P. Woodlock: ELECTRONIC ORDER entered granting 58 Motion for Extension of Time Until 2/13/15 to Answer Amended Complaint. (Lovett, Jarrett) (Entered: 02/13/2015)

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61 Feb. 13, 2015

STIPULATION as to Date for Submission of Protective Order by Jane Doe. (Lee, William) (Entered: 02/13/2015)

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62 Feb. 17, 2015

Judge Douglas P. Woodlock: ELECTRONIC ORDER entered approving 61 Stipulation to File Protective Order by 2/27/15. (Lovett, Jarrett) (Entered: 02/17/2015)

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63 Feb. 27, 2015

STIPULATION as to Date for Submission of Protective Order by Charles D. Baker, Lynn Bissonnette, Carol Higgins O'Brien, Massachusetts Department of Correction. (Stephan, John) (Entered: 02/27/2015)

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64 Feb. 27, 2015

STIPULATION as to Date for Submission of Protective Order [CORRECTED] by Charles D. Baker, Lynn Bissonnette, Carol Higgins O'Brien, Massachusetts Department of Correction. (Stephan, John) (Entered: 02/27/2015)

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65 March 3, 2015

Judge Douglas P. Woodlock: ELECTRONIC ORDER entered approving 64 Stipulation to File Protective Order by 3/13/15. (Lovett, Jarrett) (Entered: 03/03/2015)

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66 March 13, 2015

STIPULATION as to Date for Submission of Protective Order by Charles D. Baker, Lynn Bissonnette, Carol Higgins O'Brien, Massachusetts Department of Correction. (Stephan, John) (Entered: 03/13/2015)

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67 March 17, 2015

Judge Douglas P. Woodlock: ELECTRONIC ORDER entered approving 66 Stipulation to File Protective Order by 3/20/15.(Lovett, Jarrett) (Entered: 03/17/2015)

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68 March 20, 2015

Joint MOTION for Protective Order (Joint Motion for Entry of Agreed Protective Order) by Jane Does 1-8. (Attachments: # 1 Exhibit A)(Lee, William) (Entered: 03/20/2015)

1 Exhibit A

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69 March 24, 2015

Judge Douglas P. Woodlock: ELECTRONIC ORDER entered granting 68 Joint Motion for entry of Agreed Protective Order. (Lovett, Jarrett) (Entered: 03/24/2015)

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70 March 24, 2015

Judge Douglas P. Woodlock: ORDER entered. AGREED PROTECTIVE ORDER REGARDING THE DISCLOSURE AND USE OF DISCOVERY MATERIALS.(Lovett, Jarrett) (Entered: 03/24/2015)

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71 April 3, 2015

NOTICE of Withdrawal of Appearance by John Michael Stephan (Stephan, John) (Entered: 04/03/2015)

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72 April 24, 2015

NOTICE of Appearance by Bryan F. Bertram on behalf of Charles D. Baker, Lynn Bissonnette, Carol Higgins O'Brien, Massachusetts Department of Correction (Bertram, Bryan) (Entered: 04/24/2015)

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73 May 6, 2015

Joint MOTION to Stay and Modify Schedule by Jane Does 1-8. (Attachments: # 1 Exhibit A - Proposed Order)(Lee, William). (Entered: 05/06/2015)

1 Exhibit A - Proposed Order

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74 May 11, 2015

NOTICE of Withdrawal of Appearance by Samuel R. Miller (Miller, Samuel) (Entered: 05/11/2015)

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75 May 12, 2015

NOTICE of Appearance by Sandra J. Staub on behalf of Jane Does 1-8 (Staub, Sandra) (Entered: 05/12/2015)

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76 June 5, 2015

NOTICE of Withdrawal of Appearance by Dennis N. D'Angelo (D'Angelo, Dennis) (Entered: 06/05/2015)

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77 July 30, 2015

Judge Douglas P. Woodlock: ELECTRONIC ORDER entered granting in part 73 Joint Motion for Stay and Modification of Schedule; matter stayed until 8/3/15; fact discovery to be completed by 11/13/15; service of expert witness report(s) for those subject(s) for which parties have the burden of proof by 12/18/15; service of rebuttal expert witness report by 2/4/16; expert discovery completed by 3/17/16; motions for summary judgment due by 4/14/16; oppositions due by 5/12/16; replies due by 6/2/16; Joint Status Report due by 6/14/16; Further Status/Scheduling Conference continued to 6/16/16 02:00 PM in Courtroom 1 before Judge Douglas P. Woodlock. (Lovett, Jarrett) (Entered: 07/30/2015)

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July 30, 2015

Order on Motion for Extension of Time to Complete Discovery AND Order on Motion to Continue AND Order on Motion to Stay

78 July 31, 2015

NOTICE of Appearance by Kenneth Y. Lee on behalf of Charles D. Baker, Lynn Bissonnette, Carol Higgins O'Brien, Massachusetts Department of Correction (Lee, Kenneth) (Entered: 07/31/2015)

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79 Aug. 27, 2015

Joint MOTION to Stay and Modification of Schedule, and Joint Progress Report by Jane Does 1-8.(Lee, William). (Entered: 08/27/2015)

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80 Sept. 1, 2015

Judge Douglas P. Woodlock: ELECTRONIC ORDER entered noting 79 Joint Progess Report, and granting in pary said Joint Motion for Stay and Modification of Schedule; matter stayed until 10/6/15; fact discovery to be completed by 1/15/16; opening expert reports by 2/19/16; rebuttal expert reports by 4/22/16; expert discovery completed by 5/20/16; motions for summary judgment due by 6/24/16; oppositions due by 7/8/16; replies due by 7/22/16; Joint Status Report due by 7/26/16; Further Status/Scheduling Conference continued to 7/28/16 at 02:00 PM in Courtroom 1 before Judge Douglas P. Woodlock. (Lovett, Jarrett) (Entered: 09/01/2015)

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Sept. 1, 2015

Order on Motion to Continue AND Order on Motion for Extension of Time to Complete Discovery

81 Feb. 19, 2016

NOTICE of Withdrawal of Appearance by Sean K. Thompson (Thompson, Sean) (Entered: 02/19/2016)

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82 April 15, 2016

MOTION for Status Conference (Plaintiffs' Request for Status Conference) by Jane Does 1-8.(Lee, William) (Entered: 04/15/2016)

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83 April 15, 2016

EXHIBIT re 82 MOTION for Status Conference (Plaintiffs' Request for Status Conference) (Exhibit A to Plaintiffs' Request for Status Conference) by Jane Does 1-8. (Lee, William) (Entered: 04/15/2016)

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84 April 19, 2016

RESPONSE to Motion re 82 MOTION for Status Conference (Plaintiffs' Request for Status Conference) filed by Charles D. Baker, Lynn Bissonnette, Carol Higgins O'Brien, Massachusetts Department of Correction. (Bertram, Bryan) (Entered: 04/19/2016)

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85 April 26, 2016

Judge Douglas P. Woodlock: ELECTRONIC ORDER on Plaintiffs' Request for Status Conference 82 : Based upon the representations made in the underlying submissions, the Defendants shall file a motion to dismiss no later than May 2, 2016; Plaintiffs to file their opposition no later than May 16, 2016. (Beatty, Barbara) (Entered: 04/26/2016)

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April 26, 2016

Order on Motion for Miscellaneous Relief

86 May 2, 2016

MOTION to Dismiss as Moot under Fed. R. Civ. P. 12(b)(1) by Charles D. Baker, Lynn Bissonnette, Carol Higgins O'Brien, Massachusetts Department of Correction, Deval Patrick, Luis S. Spencer.(Bertram, Bryan) (Entered: 05/02/2016)

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87 May 2, 2016

MEMORANDUM in Support re 86 MOTION to Dismiss as Moot under Fed. R. Civ. P. 12(b)(1) filed by Charles D. Baker, Lynn Bissonnette, Carol Higgins O'Brien, Massachusetts Department of Correction, Deval Patrick, Luis S. Spencer. (Attachments: # 1 Affidavit Affidavit of Donna Benedict, # 2 Affidavit Affidavit of Leslie Darcy, # 3 Affidavit Affidavit of Bryan Bertram, # 4 Exhibit Ex. A to Affidavit of Bryan Bertram, # 5 Exhibit Ex. B to Affidavit of Bryan Bertram, # 6 Exhibit Ex. C to Affidavit of Bryan Bertram, # 7 Exhibit Ex. D to Affidavit of Bryan Bertram, # 8 Exhibit Ex. E to Affidavit of Bryan Bertram)(Bertram, Bryan) (Entered: 05/02/2016)

1 Affidavit Affidavit of Donna Benedict

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2 Affidavit Affidavit of Leslie Darcy

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3 Affidavit Affidavit of Bryan Bertram

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4 Exhibit Ex. A to Affidavit of Bryan Bertram

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5 Exhibit Ex. B to Affidavit of Bryan Bertram

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6 Exhibit Ex. C to Affidavit of Bryan Bertram

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7 Exhibit Ex. D to Affidavit of Bryan Bertram

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8 Exhibit Ex. E to Affidavit of Bryan Bertram

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88 May 16, 2016

MEMORANDUM in Opposition re 86 MOTION to Dismiss as Moot under Fed. R. Civ. P. 12(b)(1) filed by Jane Does 1-8. (Lee, William) (Main Document 88 replaced on 5/17/2016) (Gioia, AnaMaria). (Entered: 05/16/2016)

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89 May 16, 2016

AFFIDAVIT in Support re 88 Memorandum in Opposition to Motion . (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Lee, William) (Entered: 05/16/2016)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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90 June 1, 2016

NOTICE OF HEARING: Hearing on Motion 86 to Dismiss as Moot under Fed. R. Civ. P. 12(b)(1) set for 6/10/2016 at 2:30 pm in Courtroom 1 before Judge Douglas P. Woodlock. (Beatty, Barbara) (Entered: 06/01/2016)

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91 June 10, 2016

Clerk's Notes for Motion Hearing: Argument heard on motion to dismiss 86 . Motion DENIED. Court may not be in the right position to determine mootness in this case, as the relief requested is still an injunction. Declaratory judgment may be the better remedy, but that would require amendment of the current complaint. Plaintiffs may amend their complaint by next Friday, 6/17. If amended complaint is filed, all counsel will confer to create a briefing schedule for a new round of briefing for a motion to dismiss the amended complaint. (Court Reporter: Brenda Hancock at brhancock@msn.com.)(Attorneys present: Segal, Pingeon, Lee, Bertram) (Beatty, Barbara) Modified date hearing held on 6/27/2016 (Beatty, Barbara). (Entered: 06/13/2016)

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June 13, 2016

Order on Motion to Dismiss

92 June 16, 2016

Assented to MOTION for Extension of Time to June 24, 2016 to Amend Complaint by Jane Does 1-8.(Lee, William) (Entered: 06/16/2016)

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93 June 20, 2016

Judge Douglas P. Woodlock: ORDER granting 92 Plaintiffs' Assented to Motion for Extension to Time to File an Amended Complaint until 6/24/2016. (Beatty, Barbara) (Entered: 06/20/2016)

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June 20, 2016

Order on Motion for Extension of Time to Amend

94 June 24, 2016

RESPONSE TO COURT ORDER by Jane Does 1-8 re 91 Order on Motion to Dismiss,,, Motion Hearing,, . (Lee, William) (Entered: 06/24/2016)

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95 July 8, 2016

RESPONSE TO COURT ORDER by Charles D. Baker, Lynn Bissonnette, Carol Higgins O'Brien, Massachusetts Department of Correction, Deval Patrick, Luis S. Spencer re 94 Response to Court Order . (Lee, Kenneth) (Entered: 07/08/2016)

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Case Details

State / Territory:

Massachusetts

Case Type(s):

Criminal Justice (Other)

Disability Rights

Healthcare Access and Reproductive Issues

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: June 30, 2014

Closing Date: March 31, 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Women civilly committed under section 35 to Massachusetts Correctional Institution at Framingham.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Prisoners' Legal Services of Massachusetts

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State

Massachusetts

Defendant Type(s):

Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Ex parte Young (federal or state officials)

State law

Constitutional Clause(s):

Due Process

Other Dockets:

District of Massachusetts 1:14-cv-12813

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

None

Source of Relief:

None

Issues

General/Misc.:

Conditions of confinement

Rehabilitation

Disability and Disability Rights:

Mental Illness, Unspecified

Mental impairment

Discrimination Basis:

Disability (inc. reasonable accommodations)

Affected Sex/Gender(s):

Female

Jails, Prisons, Detention Centers, and Other Institutions:

Commitment procedure

Over/Unlawful Detention (facilities)

Placement in detention facilities

Strip search policy (facilities)

Medical/Mental Health Care:

Mental health care, general

Recommended Citation