Case: Doe v. Patrick

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

Filed Date: June 30, 2014

Closed Date: July 15, 2016

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. The law provided civilly committed women with alternative treatment options outside of prison.

On May 2, 2016, 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, Judge Woodlock entered an order, in which he explained:

"The landscape of this certified class action was transformed by the amendment of Mass. Gen Laws ch. 123, sec. 35, which the plaintiffs had challenged to the degree it provided a basis for civil commitments to MCI-Framingham. The defendants take the position that in the wake of the amendment all such commitments have ceased and that there are no plans to make such commitments in the future. The parties, however, have continued to circle each other suspiciously. The defendants seek dismissal of the case based upon their statement of present intention; the plaintiffs seek a judgment interpreting sec. 35 as amended to prevent civil commitments to MCI-Framingham as a matter of law irrespective of the stated present intentions of the relevant state actors. There have been no submissions in almost two years to suggest that there is any foreseeable circumstance in which civil commitments to MCI-Framingham may be undertaken. This case lacks the type of foreseeable concrete injury that would support any relief the plaintiffs might successfully seek. It is plainly moot. Nevertheless, given the defendants' studied refusal to concede that sec. 35 categorically bars any civil commitments to MCI-Framingham, prudence - not to mention this court's duty to protect the inchoate interests of class members - requires making explicit that this dismissal is without prejudice to any future litigation challenging civil commitments to MCI-Framingham should they ever resume. Accordingly, the Clerk is directed to enter a judgment dismissing this case without prejudice.:

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 attrorneys, see: https://www.courtlistener.com/docket/13433110/parties/doe-v-patrick/


Judge(s)

Woodlock, Douglas Preston (Massachusetts)

Attorneys(s) for Plaintiff

Fleischner, Robert D. (Massachusetts)

Lee, William F. (Massachusetts)

Miller, Samuel Rand (New York)

Pingeon, James R. (Massachusetts)

Pirozzolo, Lisa J. (Massachusetts)

Rossman, Jessie J. (Massachusetts)

Segal, Matthew (Massachusetts)

Staub, Sandra J. (Connecticut)

Tenneriello, Bonita (Massachusetts)

Judge(s)

Woodlock, Douglas Preston (Massachusetts)

Attorneys(s) for Plaintiff

Fleischner, Robert D. (Massachusetts)

Lee, William F. (Massachusetts)

Miller, Samuel Rand (New York)

Pingeon, James R. (Massachusetts)

Pirozzolo, Lisa J. (Massachusetts)

Rossman, Jessie J. (Massachusetts)

Segal, Matthew (Massachusetts)

Staub, Sandra J. (Connecticut)

Tenneriello, Bonita (Massachusetts)

Thompson, Sean K. (Massachusetts)

Attorneys(s) for Defendant

Bertram, Bryan F (Massachusetts)

Cohen, Michael H. (Massachusetts)

D'Angelo, Dennis N (Massachusetts)

Healey, Maura T. (Massachusetts)

Saltzman, William D (Massachusetts)

Expert/Monitor/Master

Stephan, John Michael (Massachusetts)

Documents in the Clearinghouse

Document

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
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 Aug. 26, 2022, 3:13 a.m.

ECF Number Description Date Link Date / Link
1

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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June 30, 2014

June 30, 2014

PACER
2

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

June 30, 2014

June 30, 2014

PACER
3

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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June 30, 2014

June 30, 2014

PACER
4

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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June 30, 2014

June 30, 2014

PACER
5

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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July 1, 2014

July 1, 2014

PACER
6

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

July 1, 2014

July 1, 2014

PACER
7

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 electronically. (Abaid, Kimberly) (Entered: 07/01/2014)

July 1, 2014

July 1, 2014

PACER
8

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)

July 1, 2014

July 1, 2014

PACER
9

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

July 1, 2014

July 1, 2014

PACER
10

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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July 1, 2014

July 1, 2014

PACER
11

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)

July 1, 2014

July 1, 2014

PACER
12

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

July 2, 2014

July 2, 2014

PACER
13

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

July 2, 2014

July 2, 2014

PACER
14

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

July 2, 2014

July 2, 2014

PACER
15

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

July 2, 2014

July 2, 2014

PACER
16

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

July 2, 2014

July 2, 2014

PACER
17

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

July 2, 2014

July 2, 2014

PACER
18

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

July 3, 2014

July 3, 2014

PACER
19

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)

July 8, 2014

July 8, 2014

PACER
20

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)

July 8, 2014

July 8, 2014

PACER
21

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

July 8, 2014

July 8, 2014

PACER
22

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

July 8, 2014

July 8, 2014

PACER
23

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

July 8, 2014

July 8, 2014

PACER
24

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

July 8, 2014

July 8, 2014

PACER
25

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

July 9, 2014

July 9, 2014

PACER
26

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)

July 10, 2014

July 10, 2014

PACER
27

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)

July 11, 2014

July 11, 2014

PACER
28

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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July 17, 2014

July 17, 2014

PACER
29

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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July 17, 2014

July 17, 2014

PACER
30

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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July 17, 2014

July 17, 2014

PACER
31

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)

July 18, 2014

July 18, 2014

PACER
32

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)

July 18, 2014

July 18, 2014

PACER
33

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)

July 22, 2014

July 22, 2014

PACER
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 ( Responses due by 8/5/2014) by Deval Patrick.(Stephan, John) (Entered: 07/22/2014)

July 22, 2014

July 22, 2014

PACER
35

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

July 22, 2014

July 22, 2014

PACER
36

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)

July 28, 2014

July 28, 2014

PACER
37

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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July 30, 2014

July 30, 2014

PACER
38

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

July 31, 2014

July 31, 2014

PACER
39

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

Aug. 4, 2014

Aug. 4, 2014

PACER
40

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

Aug. 11, 2014

Aug. 11, 2014

PACER
41

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)

Aug. 11, 2014

Aug. 11, 2014

PACER
42

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)

Aug. 12, 2014

Aug. 12, 2014

PACER
43

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

Aug. 12, 2014

Aug. 12, 2014

PACER
44

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)

Nov. 4, 2014

Nov. 4, 2014

PACER
45

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)

Jan. 6, 2015

Jan. 6, 2015

PACER
46

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

Jan. 6, 2015

Jan. 6, 2015

PACER
47

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

Jan. 6, 2015

Jan. 6, 2015

PACER
48

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)

Jan. 12, 2015

Jan. 12, 2015

PACER
49

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)

Jan. 13, 2015

Jan. 13, 2015

PACER
50

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)

Jan. 14, 2015

Jan. 14, 2015

PACER
51

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

Jan. 14, 2015

Jan. 14, 2015

PACER
52

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)

Jan. 22, 2015

Jan. 22, 2015

PACER
53

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/attorneys/general-info.htm (Scalfani, Deborah) (Entered: 01/22/2015)

Jan. 22, 2015

Jan. 22, 2015

PACER
54

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

Jan. 27, 2015

Jan. 27, 2015

PACER
55

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)

Jan. 30, 2015

Jan. 30, 2015

PACER
56

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)

Jan. 30, 2015

Jan. 30, 2015

PACER
57

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)

Feb. 6, 2015

Feb. 6, 2015

PACER
58

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)

Feb. 11, 2015

Feb. 11, 2015

PACER
59

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)

Feb. 13, 2015

Feb. 13, 2015

PACER
60

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)

Feb. 13, 2015

Feb. 13, 2015

PACER
61

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

Feb. 13, 2015

Feb. 13, 2015

PACER
62

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

Feb. 17, 2015

Feb. 17, 2015

PACER
63

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)

Feb. 27, 2015

Feb. 27, 2015

PACER
64

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)

Feb. 27, 2015

Feb. 27, 2015

PACER
65

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

March 3, 2015

March 3, 2015

PACER
66

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)

March 13, 2015

March 13, 2015

PACER
67

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

March 17, 2015

March 17, 2015

PACER
68

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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March 20, 2015

March 20, 2015

PACER
69

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

March 24, 2015

March 24, 2015

PACER
70

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

March 24, 2015

March 24, 2015

PACER
71

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

April 3, 2015

April 3, 2015

PACER
72

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)

April 24, 2015

April 24, 2015

PACER
73

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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May 6, 2015

May 6, 2015

PACER
74

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

May 11, 2015

May 11, 2015

PACER
75

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

May 12, 2015

May 12, 2015

PACER
76

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

June 5, 2015

June 5, 2015

PACER
77

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)

July 30, 2015

July 30, 2015

PACER
78

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)

July 31, 2015

July 31, 2015

PACER
79

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

Aug. 27, 2015

Aug. 27, 2015

PACER
80

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)

Sept. 1, 2015

Sept. 1, 2015

PACER
81

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

Feb. 19, 2016

Feb. 19, 2016

PACER
82

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

April 15, 2016

April 15, 2016

PACER
83

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)

April 15, 2016

April 15, 2016

PACER
84

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)

April 19, 2016

April 19, 2016

PACER
85

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)

April 26, 2016

April 26, 2016

PACER
86

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)

May 2, 2016

May 2, 2016

PACER
87

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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May 2, 2016

May 2, 2016

PACER
88

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)

May 16, 2016

May 16, 2016

PACER
89

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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May 16, 2016

May 16, 2016

PACER
90

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)

June 1, 2016

June 1, 2016

PACER
91

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)

June 10, 2016

June 10, 2016

PACER
92

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)

June 16, 2016

June 16, 2016

PACER
93

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)

June 20, 2016

June 20, 2016

PACER
94

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

June 24, 2016

June 24, 2016

PACER
95

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)

July 8, 2016

July 8, 2016

PACER
96

NOTICE CANCELING STATUS CONFERENCE set for 7/28/2016. (Beatty, Barbara) (Entered: 07/15/2016)

July 15, 2016

July 15, 2016

PACER
97

Response by Jane Does 1-8 to 95 Response to Court Order . (Lee, William) (Entered: 07/15/2016)

July 15, 2016

July 15, 2016

PACER
98

NOTICE of Withdrawal of Appearance by Kenneth Y. Lee (Lee, Kenneth) (Entered: 08/19/2016)

Aug. 19, 2016

Aug. 19, 2016

PACER
99

Judge Douglas P. Woodlock: ELECTRONIC ORDER DISMISSING CASE entered. The landscape of this certified class action was transformed by the amendment of Mass. Gen Laws ch. 123, sec. 35, which the plaintiffs had challenged to the degree it provided a basis for civil commitments to MCI-Framingham. The defendants take the position that in the wake of the amendment all such commitments have ceased and that there are no plans to make such commitments in the future. The parties, however, have continued to circle each other suspiciously. The defendants seek dismissal of the case based upon their statement of present intention; the plaintiffs seek a judgment interpreting sec. 35 as amended to prevent civil commitments to MCI-Framingham as a matter of law irrespective of the stated present intentions of the relevant state actors. There have been no submissions in almost two years to suggest that there is any foreseeable circumstance in which civil commitments to MCI-Framingham may be undertaken. This case lacks the type of foreseeable concrete injury that would support any relief the plaintiffs might successfully seek. It is plainly moot. Nevertheless, given the defendants' studied refusal to concede that sec. 35 categorically bars any civil commitments to MCI-Framingham, prudence - not to mention this court's duty to protect the inchoate interests of class members - requires making explicit that this dismissal is without prejudice to any future litigation challenging civil commitments to MCI-Framingham should they ever resume. Accordingly, the Clerk is directed to enter a judgment dismissing this case without prejudice. (Woodlock, Douglas) (Entered: 03/31/2018)

March 31, 2018

March 31, 2018

PACER
100

Judge Douglas P. Woodlock: JUDGMENT OF DISMISSAL...In accordance with this Courts Electronic Order issued on March 31, 2018 (ECF #99), it is hereby ORDERED the above-entitled action be, and hereby is, DISMISSED without prejudice. (Beatty, Barbara) (Entered: 04/02/2018)

March 31, 2018

March 31, 2018

PACER

Case Details

State / Territory: Massachusetts

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: June 30, 2014

Closing Date: July 15, 2016

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:

Prisoners' Legal Services of Massachusetts

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Massachusetts, 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.

State law

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Mixed

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Commitment procedure

Conditions of confinement

Over/Unlawful Detention

Placement in detention facilities

Rehabilitation

Strip search policy

Discrimination-basis:

Disability (inc. reasonable accommodations)

Affected Gender:

Female

Disability:

Mental impairment

Mental Disability:

Mental Illness, Unspecified

Medical/Mental Health:

Mental health care, general

Type of Facility:

Government-run