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

Clearinghouse coding complete

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…

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 plaintiffs claimed that the detention of youth after 48 hours without providing a probable cause hearing violates their right to due process under the Fourteenth Amendment.

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


Judge(s)

Dlott, Susan J. (Ohio)

Attorneys(s) for Plaintiff

Howard, Riskell Lashea (Ohio)

Kinsley, Jennifer M. (Ohio)

Tandy, Kimberly Brooks (Kentucky)

Attorneys(s) for Defendant

Friedmann, Michael J. (Ohio)

Stevenson, David T. (Ohio)

Judge(s)

Dlott, Susan J. (Ohio)

Attorneys(s) for Plaintiff

Howard, Riskell Lashea (Ohio)

Kinsley, Jennifer M. (Ohio)

Tandy, Kimberly Brooks (Kentucky)

Attorneys(s) for Defendant

Friedmann, Michael J. (Ohio)

Stevenson, David T. (Ohio)

Documents in the Clearinghouse

Document

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

Resources

Docket

Last updated July 24, 2022, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

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)

Nov. 23, 2014

Nov. 23, 2014

MOTIONS REFERRED: 1 MOTION for Leave to Proceed in forma pauperis (jlw1) (Entered: 11/24/2014)

Nov. 24, 2014

Nov. 24, 2014

2

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)

Dec. 10, 2014

Dec. 10, 2014

3

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)

Dec. 10, 2014

Dec. 10, 2014

4

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)

Dec. 10, 2014

Dec. 10, 2014

5

MOTION to File Complaint and Proceed Using Initials by Plaintiffs Nefertteria Dawson, Pamela Matthews. (jlw1) (Entered: 12/10/2014)

Dec. 10, 2014

Dec. 10, 2014

6

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)

Dec. 10, 2014

Dec. 10, 2014

7

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)

Dec. 11, 2014

Dec. 11, 2014

8

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)

Dec. 11, 2014

Dec. 11, 2014

9

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)

Dec. 11, 2014

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) (Entered: 12/11/2014)

Dec. 11, 2014

Dec. 11, 2014

10

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)

Dec. 11, 2014

Dec. 11, 2014

11

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)

Dec. 11, 2014

Dec. 11, 2014

12

ORDER granting 5 Motion to proceed using initials. Signed by Chief Judge Susan J. Dlott on 12/11/14. (wam1) (Entered: 12/11/2014)

Dec. 11, 2014

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) (Entered: 12/12/2014)

Dec. 11, 2014

Dec. 11, 2014

13

NOTICE by Plaintiffs Nefertteria Dawson, Pamela Matthews Of Potential Constitutional Challenge (Howard, Rickell) (Entered: 12/16/2014)

Dec. 16, 2014

Dec. 16, 2014

14

SUMMONS Returned Executed as to Defendants Dwayne R. Bowman, Hamilton County Board Of Commissioners, John M Williams. (jee) (Entered: 01/07/2015)

Jan. 7, 2015

Jan. 7, 2015

15

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)

Jan. 14, 2015

Jan. 14, 2015

16

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)

Jan. 16, 2015

Jan. 16, 2015

17

AGREED PROTECTIVE ORDER. Signed by Judge Susan J. Dlott on 1/26/15. (sct1) (Entered: 01/26/2015)

Jan. 26, 2015

Jan. 26, 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) (Entered: 01/28/2015)

Jan. 28, 2015

Jan. 28, 2015

Set/Reset Hearings: Settlement Conference set for 2/12/2015 01:30 AM in Chambers before Judge Susan J. Dlott. (vp) (Entered: 01/28/2015)

Jan. 28, 2015

Jan. 28, 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) (Entered: 01/30/2015)

Jan. 30, 2015

Jan. 30, 2015

18

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)

Jan. 30, 2015

Jan. 30, 2015

19

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)

Jan. 30, 2015

Jan. 30, 2015

20

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)

Jan. 30, 2015

Jan. 30, 2015

22

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)

Feb. 12, 2015

Feb. 12, 2015

23

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)

Feb. 12, 2015

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) (Entered: 02/12/2015)

Feb. 12, 2015

Feb. 12, 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) (Entered: 03/17/2015)

March 17, 2015

March 17, 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) (Entered: 03/24/2015)

March 24, 2015

March 24, 2015

24

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)

April 15, 2015

April 15, 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) (Entered: 04/27/2015)

April 27, 2015

April 27, 2015

25

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)

April 27, 2015

April 27, 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) (Entered: 06/10/2015)

June 10, 2015

June 10, 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) (Entered: 08/03/2015)

Aug. 3, 2015

Aug. 3, 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) (Entered: 08/06/2015)

Aug. 6, 2015

Aug. 6, 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) (Entered: 09/08/2015)

Sept. 8, 2015

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) (Entered: 09/08/2015)

Sept. 8, 2015

Sept. 8, 2015

Minute Entry for proceedings held before Judge Susan J. Dlott: Settlement Conference held on 9/17/2015. (wam) (Entered: 09/17/2015)

Sept. 17, 2015

Sept. 17, 2015

26

Agreed ORDER by Judge Susan J. Dlott DISMISSING CASE without prejudice. (vp) (Entered: 10/01/2015)

Oct. 1, 2015

Oct. 1, 2015

Case Details

State / Territory: Ohio

Case Type(s):

Juvenile Institution

Special Collection(s):

Prison Legal News

Multi-LexSum (in sample)

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

Hamilton County Board of County Commissioners, County

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

42 U.S.C. § 1981

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

Constitutional Clause(s):

Due Process

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

None yet

Form of Settlement:

Voluntary Dismissal

Order Duration: 2015 - None

Content of Injunction:

Develop anti-discrimination policy

Preliminary relief request withdrawn/mooted

Issues

General:

Access to lawyers or judicial system

Conditions of confinement

Over/Unlawful Detention

Racial profiling

Discrimination-basis:

Race discrimination

Race:

Black

Affected Gender:

Female

Male

Language:

Other

Type of Facility:

Government-run