Case: J.H. v. Multi-County Juvenile Detention Facility

2:14-cv-01608 | U.S. District Court for the Southern District of Ohio

Filed Date: Sept. 18, 2014

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On September 18, 2014, a number of juvenile prisoners filed a lawsuit in the U.S. District Court for the Southern District of Ohio under 42 U.S.C. § 1983 against the Multi-County Juvenile Detention Facility. The plaintiffs, represented by private counsel, asked the court for declaratory relief, injunctive relief, and damages, claiming that the state-run facility used restraint techniques and solitary confinement in a way that violated the 8th Amendment's prohibition against cruel and unusual pu…

On September 18, 2014, a number of juvenile prisoners filed a lawsuit in the U.S. District Court for the Southern District of Ohio under 42 U.S.C. § 1983 against the Multi-County Juvenile Detention Facility. The plaintiffs, represented by private counsel, asked the court for declaratory relief, injunctive relief, and damages, claiming that the state-run facility used restraint techniques and solitary confinement in a way that violated the 8th Amendment's prohibition against cruel and unusual punishment, and the prisoners' 14th Amendment substantive due process rights.

Specifically, the plaintiffs claimed that the facility placed the prisoners in restraint chairs for up to 20 hours at a time, long after any need to restrain them had ended. They also claimed that the facility arbitrarily placed the juvenile prisoners in solitary confinement without adequate clothing or blankets for lengthy periods of time. In the isolation cells, the temperatures regularly dropped to 50 degrees Fahrenheit.

The plaintiffs filed an amended complaint on December 10, 2014, another one on January 9, 2015, and a third one on January 30. The parties then entered private mediation. On March 9, the plaintiffs gave notice of voluntarily dismissing three individual county commissioner defendants. The docket indicates the parties progressed toward settlement. On November 17, the parties filed a stipulation of dismissal with prejudice because they had finalized a private settlement, which is not publicly available. The case is now closed.

Summary Authors

Andrew Junker (12/4/2014)

Virginia Weeks (3/25/2018)

People


Judge(s)

Graham, James L. (Ohio)

Attorneys(s) for Plaintiff

Biller, Andrew (Ohio)

Forman, Edward Reilley (Ohio)

Howard, Riskell Lashea (Ohio)

Jacobs, Louis A. (Ohio)

Marshall, John Spencely (Ohio)

Schlein, Samuel M. (Ohio)

Tandy, Kimberly Brooks (Kentucky)

Attorneys(s) for Defendant

Teetor, John Stephen (Ohio)

Judge(s)

Graham, James L. (Ohio)

Attorneys(s) for Plaintiff

Biller, Andrew (Ohio)

Forman, Edward Reilley (Ohio)

Howard, Riskell Lashea (Ohio)

Jacobs, Louis A. (Ohio)

Marshall, John Spencely (Ohio)

Schlein, Samuel M. (Ohio)

Tandy, Kimberly Brooks (Kentucky)

Attorneys(s) for Defendant

Teetor, John Stephen (Ohio)

Documents in the Clearinghouse

Document

2:14-cv-01608

Docket [PACER]

JH v. Multi−County Juvenile Detention Facility

Nov. 17, 2015

Nov. 17, 2015

Docket
1

2:14-cv-01608

Complaint

JH v. Multi-County Juvenile Detention Facility

Sept. 18, 2014

Sept. 18, 2014

Complaint
8

2:14-cv-01608

First Amended Complaint

Oct. 30, 2014

Oct. 30, 2014

Complaint
28

2:14-cv-01608

Fourth Amended Complaint

Jan. 30, 2015

Jan. 30, 2015

Complaint

Resources

Docket

Last updated Aug. 7, 2022, 3 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 400 paid − receipt number: 0648−4732151), filed by JH. (Attachments: # 1 Civil Cover Sheet) (Forman, Edward) (Entered: 09/18/2014)

Sept. 18, 2014

Sept. 18, 2014

2

MOTION for Leave to File by Plaintiffs BH, GM, JH, LH, SM. (Forman, Edward) (Entered: 09/18/2014)

Sept. 18, 2014

Sept. 18, 2014

3

NOTICE of Appearance by John Stephen Teetor for Defendants Dana Moore, Multi−County Juvenile Detention Facility (Teetor, John) (Entered: 09/26/2014)

Sept. 26, 2014

Sept. 26, 2014

4

WAIVER OF SERVICE Returned Executed. Waiver sent to All Defendants. (Forman, Edward) (Entered: 09/29/2014)

Sept. 29, 2014

Sept. 29, 2014

Set/Reset Deadlines: Dana Moore answer due 11/17/2014; Multi−County Juvenile Detention Facility answer due 11/17/2014. (er1) (Entered: 09/29/2014)

Sept. 29, 2014

Sept. 29, 2014

6

NOTICE of Appearance by Rickell LaShea Howard for Plaintiffs BH, GM, JH, LH, SM (Howard, Rickell) (Entered: 10/30/2014)

Oct. 30, 2014

Oct. 30, 2014

7

NOTICE of Appearance by Kimberly Brooks Tandy for Plaintiffs BH, GM, JH, LH, SM (Tandy, Kimberly) (Entered: 10/30/2014)

Oct. 30, 2014

Oct. 30, 2014

8

AMENDED COMPLAINT against All Defendants, filed by JH. (Forman, Edward) (Entered: 10/30/2014)

Oct. 30, 2014

Oct. 30, 2014

9

NOTICE of Appearance by Matthew Stephen Teetor for Defendants Dana Moore, Multi−County Juvenile Detention Facility (Teetor, Matthew) (Entered: 10/31/2014)

Oct. 31, 2014

Oct. 31, 2014

10

NOTICE by Defendants Dana Moore, Multi−County Juvenile Detention Facility NOTICE OF DEFENDANTS MULTI−COUNTY JUVENILE DETENTION FACILITY AND DANA C. MOORE CONCERNING EVIDENTIARY ISSUE (Teetor, John) (Entered: 11/06/2014)

Nov. 6, 2014

Nov. 6, 2014

11

RESPONSE to Motion re 2 MOTION for Leave to File Memorandum of Defendants Contra to Plaintiffs' Motion to File Complaint and Proceed Using Initials (Doc 2) filed by Defendants Dana Moore, Multi−County Juvenile Detention Facility. (Attachments: # 1 Press Release, # 2 Hopper Statement) (Teetor, John) (Entered: 11/10/2014)

Nov. 10, 2014

Nov. 10, 2014

12

Response by Plaintiff JH. (Marshall, John) (Entered: 11/11/2014)

Nov. 11, 2014

Nov. 11, 2014

13

ORDER. Replies to 2 MOTION for leave to proceed in this matter using initials as pseudonyms due by 11/18/2014. Signed by Magistrate Judge Norah McCann King on 11/12/2014. (pes1) (Entered: 11/12/2014)

Nov. 12, 2014

Nov. 12, 2014

Minute Entry for proceedings held before Magistrate Judge Norah McCann King: Telephone Conference held on 11/17/2014. (nmk0) (Entered: 11/17/2014)

Nov. 17, 2014

Nov. 17, 2014

14

ORDER. Pretrial Conference rescheduled to 11/24/2014 T 11:00 AM before Magistrate Judge Norah McCann King. Signed by Magistrate Judge Norah McCann King on 11/17/2014. (pes1) (Entered: 11/17/2014)

Nov. 17, 2014

Nov. 17, 2014

15

RULE 26(f) REPORT Of All Parties by Defendants Dana Moore, Multi−County Juvenile Detention Facility. (Teetor, John) (Entered: 11/17/2014)

Nov. 17, 2014

Nov. 17, 2014

16

J.H. ANSWER to 8 Amended Complaint filed by Dana Moore, Multi−County Juvenile Detention Facility. (Attachments: # 1 Exhibit, # 2 Exhibit) (Teetor, John) (Entered: 11/17/2014)

Nov. 17, 2014

Nov. 17, 2014

17

REPLY to Response to Motion re 2 MOTION for Leave to File filed by Plaintiffs BH, GM, JH, LH, SM. (Marshall, John) (Entered: 11/18/2014)

Nov. 18, 2014

Nov. 18, 2014

Minute Entry for proceedings held before Magistrate Judge Norah McCann King: Initial Pretrial Conference held on 11/24/2014. (nmk0) (Entered: 11/24/2014)

Nov. 24, 2014

Nov. 24, 2014

18

PRELIMINARY PRETRIAL ORDER: This case is referred to the March 2015 SETTLEMENT WEEK. Motions to Amend due by 1/31/2015. Rule 26(a)(1) Disclosures due by 1/15/2015. Primary Expert due by 6/15/2015. Rebuttal Expert due by 9/15/2015. Discovery due by 11/30/2015. Dispositive motions due by 1/15/2016. Final Pretrial Conference ready by 5/2016. Signed by Magistrate Judge Norah McCann King on 11/24/2014. (pes1) (Entered: 11/24/2014)

Nov. 24, 2014

Nov. 24, 2014

19

AMENDED COMPLAINT against All Defendants, filed by JH. (Forman, Edward) (Entered: 12/10/2014)

Dec. 10, 2014

Dec. 10, 2014

20

OPINION AND ORDER granting in part and denying in part 2 Motion for Leave to File to Complaint and Proceed Using Initials. Plaintiffs are ORDERED to file, within fourteen (14) days, a revised Amended Complaint that identifies the adult plaintiffs and the guardians of the minor plaintiffs, in compliance with Fed. R. Civ. P. 10(a). Signed by Magistrate Judge Norah McCann King on 12/12/2014. (pes1) (Entered: 12/12/2014)

Dec. 12, 2014

Dec. 12, 2014

22

ORDER granting 21 Motion for Extension of Time to File Amended Complaint − extended to 1/9/2015. Signed by Magistrate Judge Norah McCann King on 12/29/2014. (pes1) (Entered: 12/29/2014)

Dec. 29, 2014

Dec. 29, 2014

23

NOTICE by Plaintiffs BH, GM, JH, LH, SM (Biller, Andrew) (Entered: 01/06/2015)

Jan. 6, 2015

Jan. 6, 2015

24

AMENDED COMPLAINT against All Defendants, filed by JH. (Forman, Edward) (Entered: 01/09/2015)

Jan. 9, 2015

Jan. 9, 2015

25

AGREED PROTECTIVE ORDER. Signed by Magistrate Judge Norah McCann King on 1/12/2015. (pes1) (Entered: 01/12/2015)

Jan. 12, 2015

Jan. 12, 2015

26

MOTION for Leave to File MOTION OF DEFENDANTS MULTI−COUNTY JUVENILE DETENTION CENTER AND DANA MOORE FOR DETERMINATION TO REMOVE ITEMS FROM PROTECTIVE ORDER AND FOR LEAVE TO FILE THE SAME UNDER SEAL by Defendants Dana Moore, Multi−County Juvenile Detention Facility. (Attachments: # 1 Affidavit of J. Stephen Teetor) (Teetor, John) (Entered: 01/28/2015)

Jan. 28, 2015

Jan. 28, 2015

27

STIPULATION for Leave to File Fourth Amended Complaint by Plaintiff JH. (Forman, Edward) (Entered: 01/30/2015)

Jan. 30, 2015

Jan. 30, 2015

28

AMENDED COMPLAINT Fourth Amended Complaint against All Defendants, filed by JH. (Forman, Edward) (Entered: 01/30/2015)

Jan. 30, 2015

Jan. 30, 2015

29

Notice of Mediation Conference: Mediator Melissa A Izenson to conduct Settlement Week Conference on 3/9/2015 at 09:00 AM. (Attachments: # 1 Mediator Check Sheet) (jr1) (Entered: 02/05/2015)

Feb. 5, 2015

Feb. 5, 2015

30

ORDER. Telephone Status Conference set for 2/19/2015 at 10:00 AM before Magistrate Judge Norah McCann King. Signed by Magistrate Judge Norah McCann King on 2/10/2015. (pes1) (Entered: 02/10/2015)

Feb. 10, 2015

Feb. 10, 2015

31

ANSWER to 28 Amended Complaint ANSWER OF DEFENDANTS MULTI−COUNTY JUVENILE DETENTION FACILITY AND DANA C. MOORE TO PLAINTIFFS' FOURTH AMENDED COMPLAINT filed by Dana Moore, Multi−County Juvenile Detention Facility. (Attachments: # 1 2014 ODYS Annual Audit Report) (Teetor, John) (Entered: 02/13/2015)

Feb. 13, 2015

Feb. 13, 2015

Minute Entry for proceedings held before Magistrate Judge Norah McCann King: Discovery Conference held on 2/19/2015. (nmk0) (Entered: 02/19/2015)

Feb. 19, 2015

Feb. 19, 2015

32

ORDER VACATING MEDIATION: The referral of the case to the March 2015 Settlement Week is VACATED. The parties shall report, no later than March 31, 2015, on the status of private mediation. Signed by Magistrate Judge Norah McCann King on 2/19/2015. (mas1) (Entered: 02/19/2015)

Feb. 19, 2015

Feb. 19, 2015

33

OPINION AND ORDER regarding Discovery. Signed by Magistrate Judge Norah McCann King on 2/19/2015. (mas1) (Entered: 02/19/2015)

Feb. 19, 2015

Feb. 19, 2015

34

Objection by Plaintiff Jeffery Honesty. (Marshall, John) (Entered: 02/24/2015)

Feb. 24, 2015

Feb. 24, 2015

35

Unopposed MOTION Place Doc. No. 34 Under Seal re 34 MOTION for Reconsideration by Plaintiff Jeffery Honesty. (Forman, Edward) (Entered: 02/26/2015)

Feb. 26, 2015

Feb. 26, 2015

36

ORDER granting 35 Motion to File Objection Under Seal. Signed by Magistrate Judge Norah McCann King on 2/27/2015. (pes1) (Entered: 02/27/2015)

Feb. 27, 2015

Feb. 27, 2015

37

NOTICE of Voluntary Dismissal by Plaintiff JH (Marshall, John) (Entered: 03/09/2015)

March 9, 2015

March 9, 2015

38

ANSWER to 28 Amended Complaint ANSWER OF DEFENDANTS COUNTY COMMISSIONERS, IN THEIR OFFICIAL CAPACITIES AS COUNTY COMMISSIONERS, TO PLAINTIFFS' FOURTH AMENDED COMPLAINT filed by Tim Bubb, Steven Davis, Duane Flowers, David Freriks, Ed Keister, Mike Kiger, David Levacy, Jim O'Brien, Doug Smith. (Teetor, Matthew) (Entered: 03/17/2015)

March 17, 2015

March 17, 2015

40

STATUS REPORT Status Report of Defendants Concerning Private Mediation by Defendants Tim Bubb, Steven Davis, Duane Flowers, David Freriks, Ed Keister, Mike Kiger, David Levacy, Dana Moore, Multi−County Juvenile Detention Facility, Jim O'Brien, Doug Smith. (Teetor, John) (Entered: 04/03/2015)

April 3, 2015

April 3, 2015

41

ORDER. Status Report on settlement discussions due by 4/30/2015. Signed by Magistrate Judge Norah McCann King on 4/6/2015. (pes1) (Entered: 04/06/2015)

April 6, 2015

April 6, 2015

42

NOTICE by Plaintiff Jeffery Honesty Status Report of Parties (Marshall, John) (Entered: 04/30/2015)

April 30, 2015

April 30, 2015

43

MOTION to Amend/Correct Joint Motion to Amend Case Scheduling Order by Plaintiff Jeffery Honesty. (Marshall, John) (Entered: 05/07/2015)

May 7, 2015

May 7, 2015

44

ORDER GRANTING 43 Joint Motion to Amend Case Scheduling Order filed by Jeffery Honesty. The current pretrial schedule is SUSPENDED. Status Conference set for 7/30/2015 at 01:30 PM before Magistrate Judge Norah McCann King. Signed by Magistrate Judge Norah McCann King on 5/8/2015. (pes) (Entered: 05/08/2015)

May 8, 2015

May 8, 2015

Minute Entry for proceedings held before Magistrate Judge Norah McCann King: Status Conference held on 7/30/2015. (NMK) (Entered: 07/30/2015)

July 30, 2015

July 30, 2015

45

ORDER. The pretrial schedule remains SUSPENDED. Status Conference set for 9/3/2015 at 02:00 PM in Teleconference before Magistrate Judge Norah McCann King. Signed by Magistrate Judge Norah McCann King on 7/30/2015. (pes) (Entered: 07/30/2015)

July 30, 2015

July 30, 2015

46

ORDER. Status Conference CONTINUED to 9/8/2015 at 09:30 AM before Magistrate Judge Norah McCann King. Signed by Magistrate Judge Norah McCann King on 9/1/2015. (pes) (Entered: 09/01/2015)

Sept. 1, 2015

Sept. 1, 2015

Minute Entry for proceedings held before Magistrate Judge Norah McCann King: Status Conference held on 9/8/2015. (NMK) (Entered: 09/08/2015)

Sept. 8, 2015

Sept. 8, 2015

47

ORDER. Status Conference set for 10/6/2015 at 11:00 AM before Magistrate Judge Norah McCann King. Signed by Magistrate Judge Norah McCann King on 9/8/2015. (pes) (Entered: 09/08/2015)

Sept. 8, 2015

Sept. 8, 2015

Minute Entry for proceedings held before Magistrate Judge Norah McCann King: Status Conference held on 10/6/2015. (NMK) (Entered: 10/06/2015)

Oct. 6, 2015

Oct. 6, 2015

48

STATUS CONFERENCE ORDER. Signed by Magistrate Judge Norah McCann King on 10/6/2015. (pes) (Entered: 10/06/2015)

Oct. 6, 2015

Oct. 6, 2015

49

ORDER. Plaintiffs' Objections to Magistrate Judge's Ruling, ECF 34 , is DENIED without prejudice to renewal should the settlement not be finalized. Signed by Magistrate Judge Norah McCann King on 10/7/2015. (pes) (Entered: 10/07/2015)

Oct. 7, 2015

Oct. 7, 2015

50

NOTICE of Hearing: Status Conference set for 11/23/2015 10:00 AM before Magistrate Judge Norah McCann King. (jr) (Entered: 11/16/2015)

Nov. 16, 2015

Nov. 16, 2015

51

STIPULATION of Dismissal by Plaintiff Jeffery Honesty. (Marshall, John) (Entered: 11/16/2015)

Nov. 16, 2015

Nov. 16, 2015

52

STIPULATION of Dismissal by Plaintiff Jeffery Honesty. (Marshall, John) (Entered: 11/17/2015)

Nov. 17, 2015

Nov. 17, 2015

Case Details

State / Territory: Ohio

Case Type(s):

Juvenile Institution

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 18, 2014

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Prisoners at a juvenile detention facility

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Multi-County Juvenile Detention Facility (Lancaster), State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Constitutional Clause(s):

Due Process

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Unknown

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

General:

Assault/abuse by staff

Conditions of confinement

Confinement/isolation

Disciplinary procedures

Disciplinary segregation

Excessive force

Juveniles

Restraints : physical

Torture

Totality of conditions

Affected Gender:

Male

Medical/Mental Health:

Medical care, general

Type of Facility:

Government-run