Case: S.W. v. Williams

1:14-cv-00896 | U.S. District Court for the Southern District of Ohio

Filed Date: Nov. 23, 2014

Closed Date: 2015

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Case Summary

On November 23, 2014, two African-American teenage males filed a lawsuit in the United States District Court for the Southern District of Ohio under 42 U.S.C. §1983 against the Hamilton County Juvenile Detention Center and Hamilton County, Ohio. The plaintiffs, represented by public interest counsel, sought preliminary and permanent injunctive relief. They requested that the Court enjoin the Juvenile Court from arresting and detaining youth without conducting a probable cause hearing. The plain…

The first plaintiff was arrested at school on September 12, 2014, on a charge of aggravated robbery. Based on the victim's description, a warrant was issued, and the plaintiff was taken into custody at the Hamilton County Detention Center. He was in isolation for two days. The Juvenile Court did not make a probable cause determination prior to issuing a warrant for the first plaintiff, nor within 48 hours of detention. The case was continued on October 6, 2014, for a probable cause hearing, which never happened. S.W. had a trial on October 10, 2014, where the case was dismissed on the merits. Although S.W. was released, he never received a probable cause hearing at arrest or during his detention.

The second plaintiff was arrested outside his home on July 8, 2014, by Cincinnati police officers, who did not present an arrest warrant. He was taken to the local police station, interrogated for alleged involvement in a robbery, and taken to the Hamilton County Detention Center on July 9, 2014. He remained incarcerated at the Detention Center from July 8 to July 23, during which time no probable cause determinations in his case occurred.

On December 10, 2014, the plaintiffs filed a motion for a preliminary injunction. Although a preliminary injunction hearing was scheduled for March 24, 2015, the parties began settlement negotiations in February 2015 and the hearing was changed to a status conference on settlement progress.

On September 29, 2015, the parties reached an agreement and Judge Susan Dlott approved and adopted an agreed order of dismissal without prejudice. The Hamilton County Juvenile Court agreed to plan, design, and implement a best practice model for processing complaints, issuing arrest warrants, making probable cause determinations, and conducting detention hearings. This included revisions to Rule 38 of the Rules of Practice for Hamilton County Juvenile Court. Additionally, the juvenile court agreed create a new training curriculum to assist clerks in making probable cause determinations. The Hamilton County Prosecuting Attorney also agreed to assign an assistant prosecuting attorney to attend detention hearings at the Youth Center.

The case is presumably closed.

Summary Authors

Stevin George (3/12/2015)

Eva Richardson (1/5/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/13296793/parties/matthews-v-williams/

Judge(s)

Dlott, Susan J. (Ohio)

Attorney for Plaintiff

Howard, Riskell Lashea (Ohio)

Kinsley, Jennifer M. (Ohio)

Attorney for Defendant

Friedmann, Michael J. (Ohio)

Stevenson, David T. (Ohio)

Judge(s)

Dlott, Susan J. (Ohio)

Attorney for Plaintiff

Howard, Riskell Lashea (Ohio)

Kinsley, Jennifer M. (Ohio)

Tandy, Kimberly Brooks (Kentucky)

Attorney for Defendant

Friedmann, Michael J. (Ohio)

Stevenson, David T. (Ohio)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1:14-cv-00896	Docket [PACER] Matthews v. Williams	Oct. 1, 2015	Oct. 1, 2015 Docket
1-2 1:14-cv-00896	Class Action Complaint for Declaratory and Injunctive Relief	Nov. 23, 2014	Nov. 23, 2014 Complaint
26 1:14-cv-00896	Agreed Order of Dismissal Matthews v. Williams	Oct. 1, 2015	Oct. 1, 2015 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/13296793/matthews-v-williams/

Last updated Nov. 3, 2026, 12:15 a.m.

Docket for: Matthews v. Williams

ECF Number	Date	Description	Link
1	Nov. 23, 2014	MOTION for Leave to Proceed in forma pauperis by Plaintiffs L. D., S. W., Custodians Nefertteria Dawson, Pamela Matthews. (Attachments: # 1 Civil Cover Sheet, # 2 Class Complaint, # 3 Summons Form, # 4 Summons Form, # 5 Summons Form, # 6 Plaintiffs' Motion to Proceed with Initials, # 7 Plaintiffs' Motion for Preliminary Injunction, # 8 Exhibit Ex. A Declaration of S.W., # 9 Exhibit Ex. B Incident Recall Report, # 10 Exhibit Ex. C Final Incident Report, # 11 Exhibit Ex. D Arrest Warrant, # 12 Exhibit Ex. E Order of Magistrate, # 13 Exhibit Ex. F Judicial Entry, # 14 Exhibit Ex. G Judicial Entry, # (FORMER DOC. 15 - PLEASE DISREGARD. FILED IN EORROR) Exhibit Ex. H Judicial Entry, # 16 Exhibit Ex. I Declaration of Nefertteria Dawson, # 17 Exhibit Ex. J Arrest Warrant, # 18 Exhibit Ex. K Juvenile Court Complaint, # 19 Exhibit Ex. L Juvenile Court Annual Report, # 20 Exhibit Ex. M Declaration of Expert Jason Ziedenbert, # 21 Exhibit Ex. N OJJDP Reports, # 22 Exhibit Ex. O Detention Center Policy, # 23 Exhibit Ex. P Detention Center Policy, # 24 Exhibit Ex. Q Detention Center Policy, # 25 Exhibit Ex. R Detention Center Policy, # 26 Exhibit Ex. S Detention Center Policy, # 27 Exhibit Ex. T OJJDP Reports for Hamilton County, # 28 Exhibit Ex. U Shelby County Investigation, # 29 Exhibit Ex. V Shelby County Memorandum of Agreement) (Howard, Rickell) Modified to restrict Exhibit no. 15 (Exhibit H) per counsel request due to doc. not correctly redacted on 1/30/2015 (jee1). (Entered: 11/23/2014)	RECAP
	Nov. 24, 2014	If this case is referred, it will be to Magistrate Judge Stephanie K. Bowman. (jlw1)
	Nov. 24, 2014	MOTIONS REFERRED: 1 MOTION for Leave to Proceed in forma pauperis (jlw1)
2	Dec. 10, 2014	ORDER granting 1 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Stephanie K. Bowman on 12/10/2014. (jlw1) (Entered: 12/10/2014)	RECAP
3	Dec. 10, 2014	COMPLAINT against Dwayne R. Bowman, Hamilton County Board Of Commissioners, John M Williams, filed by Pamela Matthews, Nefertteria Dawson. (Attachments: # 1 Civil Cover Sheet) (jlw1) (Entered: 12/10/2014)	RECAP
4	Dec. 10, 2014	MOTION for Preliminary Injunction by Plaintiffs Nefertteria Dawson, Pamela Matthews. (Attachments: # (FORMER DOC. 1) Exhibits) (jlw1) Modified to restrict Exhibits per counsel request due to doc. not correctly redacted and clerk will re-file exhibts without unredacted exhibits on 1/30/2015. Counsel will re-file redacted Exhibit H. (jee1). (Additional attachment(s) added on 1/30/2015: # 2 Exhibits) (jee1). (Entered: 12/10/2014)	RECAP
5	Dec. 10, 2014	MOTION to File Complaint and Proceed Using Initials by Plaintiffs Nefertteria Dawson, Pamela Matthews. (jlw1) (Entered: 12/10/2014)	RECAP
6	Dec. 10, 2014	Summons Issued as to Dwayne R. Bowman, Hamilton County Board Of Commissioners, John M Williams and sent to the marshal for service. (Attachments: # 1 Summons Form, # 2 Summons Form) (jlw1) Modified on 12/10/2014 (jlw1). (Entered: 12/10/2014)	RECAP
7	Dec. 11, 2014	WAIVER OF SERVICE Returned Executed. Waiver sent to John M Williams on 11/24/2014, answer due 1/23/2015. (Howard, Rickell) (Entered: 12/11/2014)	RECAP
8	Dec. 11, 2014	WAIVER OF SERVICE Returned Executed. Waiver sent to Dwayne R. Bowman on 11/24/2014, answer due 1/23/2015. (Howard, Rickell) (Entered: 12/11/2014)	RECAP
9	Dec. 11, 2014	WAIVER OF SERVICE Returned Executed. Waiver sent to Hamilton County Board Of Commissioners on 11/24/2014, answer due 1/23/2015. (Howard, Rickell) (Entered: 12/11/2014)	RECAP
10	Dec. 11, 2014	NOTICE of Appearance by David Todd Stevenson for Defendants Dwayne R. Bowman, Hamilton County Board Of Commissioners, John M Williams (Stevenson, David) (Entered: 12/11/2014)	RECAP
11	Dec. 11, 2014	NOTICE of Appearance by Michael J Friedmann for Defendants Dwayne R. Bowman, Hamilton County Board Of Commissioners, John M Williams (Friedmann, Michael) (Entered: 12/11/2014)	RECAP
12	Dec. 11, 2014	ORDER granting 5 Motion to proceed using initials. Signed by Chief Judge Susan J. Dlott on 12/11/14. (wam1) (Entered: 12/11/2014)	RECAP
	Dec. 11, 2014	A telephonic status conference is scheduled for today 12/11/14 at 3:00 p.m. The Court will initiate the call. (wam1)
	Dec. 11, 2014	Minute Entry for proceedings held before Chief Judge Susan J. Dlott: Telephonic Status Conference held on 12/11/2014. Preliminary Injunction hearing scheduled to begin 3/24/15 at 9:30 a.m. A telephonic status conference is scheduled for 2/2/15 at 2:00 p.m. (Court Reporter Julie Wolfer (Official).) (wam1)
13	Dec. 16, 2014	NOTICE by Plaintiffs Nefertteria Dawson, Pamela Matthews Of Potential Constitutional Challenge (Howard, Rickell) (Entered: 12/16/2014)	RECAP
14	Jan. 7, 2015	SUMMONS Returned Executed as to Defendants Dwayne R. Bowman, Hamilton County Board Of Commissioners, John M Williams. (jee) (Entered: 01/07/2015)	RECAP
15	Jan. 14, 2015	Unopposed MOTION for Extension of Time to File New date requested 1/30/2015. by Defendants Dwayne R. Bowman, Hamilton County Board Of Commissioners, John M Williams. (Stevenson, David) (Entered: 01/14/2015)	RECAP
16	Jan. 16, 2015	ORDER by Judge Susan J. Dlott granting 15 Motion for Extension of Time to answer or respond until January 30, 2015. (vp) (Entered: 01/16/2015)	RECAP
	Jan. 20, 2015	Set/Reset Deadlines as to 4 MOTION for Preliminary Injunction. Responses due by 1/30/2015 (jlw1)
17	Jan. 26, 2015	AGREED PROTECTIVE ORDER. Signed by Judge Susan J. Dlott on 1/26/15. (sct1) (Entered: 01/26/2015)	RECAP
	Jan. 28, 2015	The telephonic status conference set for February 2, 2015 has been vacated and changed to a settlement conference scheduled for February 12, 2015 at 1:30 in Room 227 before Judge Susan J. Dlott; parties are to comply with Judge Dlott's standing order regarding settlement conference. (vp)
	Jan. 28, 2015	Set/Reset Hearings: Settlement Conference set for 2/12/2015 01:30 AM in Chambers before Judge Susan J. Dlott. (vp)
18	Jan. 30, 2015	RESPONSE in Opposition re 4 MOTION for Preliminary Injunction and Suggestion of Mootnessd filed by Defendants Dwayne R. Bowman, Hamilton County Board Of Commissioners, John M Williams. (Attachments: # 1 Exhibit 1A, # 2 Exhibit 1B, # 3 Exhibit 2A, # 4 Exhibit 2B, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5) (Stevenson, David) (Entered: 01/30/2015)	RECAP
19	Jan. 30, 2015	MOTION to Dismiss by Defendants Dwayne R. Bowman, Hamilton County Board Of Commissioners, John M Williams. Responses due by 2/23/2015 (Stevenson, David) (Entered: 01/30/2015)	RECAP
20	Jan. 30, 2015	NOTICE by Defendants Dwayne R. Bowman, Hamilton County Board Of Commissioners, John M Williams re 18 Response in Opposition to Motion, of Exhibits Filed Under Seal in Support of Defendants' Response to Plaintiffs' Motion for Preliminary Injunction (Stevenson, David) (Entered: 01/30/2015)	RECAP
	Jan. 30, 2015	Notice of Correction: re 1 MOTION for Leave to Proceed in forma pauperis 4 MOTION for Preliminary Injunction - Clerk restricted Exhibit H from both of these documents per counsel request. The exhibit was not properly redacted. Counsel will refile Exhibit H and link it to documents 1 and 4. (jee1)
22	Feb. 12, 2015	Unopposed MOTION for Extension of Time to File Response/Reply as to 18 Response in Opposition to 4 MOTION for Preliminary Injunction, New date requested 3/6/2015. by Plaintiffs Nefertteria Dawson, Pamela Matthews. (Howard, Rickell) Modified docket text and created link to motion on 2/12/2015 (eh1). (Entered: 02/12/2015)	RECAP
23	Feb. 12, 2015	Unopposed MOTION for Extension of Time to File Response/Reply as to 19 MOTION to Dismiss New date requested 3/6/2015. by Plaintiffs Nefertteria Dawson, Pamela Matthews. (Howard, Rickell) (Entered: 02/12/2015)	RECAP
	Feb. 12, 2015	Minute Entry for proceedings held before Judge Susan J. Dlott: Settlement Conference held on 2/12/2015. Case didn't settle. The parties are to continue with settlement negotiations. The 3/24/15 preliminary injunction hearing is converted into telephonic status conference on settlement. Plaintiff's unopposed motions (docs. 22 & 23) are denied as moot. This case is stayed pending settlement negotiations. (wam1)
	March 17, 2015	The telephonic status conference on settlement scheduled for 3/24/14 will begin at 9:30 a.m. The Court will initiate the call. (wam1)
	March 24, 2015	Minute Entry for proceedings held before Judge Susan J. Dlott: Status Conference held on 3/24/2015. Another telephonic status conference is scheduled for 4/27/15 at 2:00 p.m. (Court Reporter Julie Wolfer (Official).) (wam1)
24	April 15, 2015	NOTICE of Hearing: Settlement Conference set for 4/27/2015 at 1:30 PM in Chambers before Judge Susan J. Dlott. (wam) (Entered: 04/15/2015)	RECAP
25	April 27, 2015	NOTICE of Hearing: Status Conference on settlement set for 6/3/2015 10:00 AM in Teleconference before Judge Susan J. Dlott. (wam) (Entered: 04/27/2015)	RECAP
	April 27, 2015	Settlement Conference
	April 27, 2015	Minute Entry for proceedings held before Judge Susan J. Dlott: Settlement Conference held on 4/27/2015. Case didn't settle. Parties are going to continue negotiating. A telephonic status conference on settlement is scheduled for 6/3/15 at 10:00 a.m. (wam)
	May 28, 2015	Notice of Hearing
	May 28, 2015	NOTICE of Hearing: The Status Conference previously scheduled for 6/3/15 has been RESET for 6/10/2015 at 11:00 AM in Teleconference before Judge Susan J. Dlott. (wam)
	June 10, 2015	Status Conference
	June 10, 2015	Minute Entry for proceedings held before Judge Susan J. Dlott: Status Conference held on 6/10/2015. Another telephonic status conference is scheduled for 8/6/15 at 10:00 a.m. (Court Reporter Luke Lavin, Official.) (wam)
	Aug. 3, 2015	Notice of Hearing
	Aug. 3, 2015	NOTICE of Hearing:The time of the Status Conference on settlement set for 8/6/2015 has been RESET to 3:00 PM in Teleconference before Judge Susan J. Dlott. This is a time change only. (wam)
	Aug. 6, 2015	Status Conference
	Aug. 6, 2015	Minute Entry for proceedings held before Judge Susan J. Dlott: Status Conference on settlement held on 8/6/2015. An in Chambers conference is scheduled for 9/8/15 at 10:00 a.m. (Court Reporter Julie Wolfer (Official).) (wam)
	Sept. 8, 2015	Notice of Hearing
	Sept. 8, 2015	Settlement Conference
	Sept. 8, 2015	Minute Entry for proceedings held before Judge Susan J. Dlott: Settlement Conference held on 9/8/2015. Another settlement conference is scheduled for 9/17/15 at 1:00 p.m. (wam)
	Sept. 8, 2015	NOTICE of Hearing: Settlement Conference set for 9/17/2015 at 1:00 PM in Chambers before Judge Susan J. Dlott. (wam)
	Sept. 17, 2015	Settlement Conference
	Sept. 17, 2015	Minute Entry for proceedings held before Judge Susan J. Dlott: Settlement Conference held on 9/17/2015. (wam)
26	Oct. 1, 2015	Agreed ORDER by Judge Susan J. Dlott DISMISSING CASE without prejudice. (vp) (Entered: 10/01/2015)	RECAP

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Case Details

State / Territory:

Ohio

Case Type(s):

Juvenile Institution

Special Collection(s):

Multi-LexSum (in sample)

Prison Legal News

Key Dates

Filing Date: Nov. 23, 2014

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are two African-American teenage males who allege arrest and incarceration at a juvenile detention center without ever receiving a probable cause hearing or determination.

Plaintiff Type(s):

City/County Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

County

Hamilton County Board of County Commissioners

Defendant Type(s):

Jurisdiction-wide

Facility Type(s):