Case: Jarboe v. Maryland Department of Public Safety and Correctional Services

1:12-cv-00572 | U.S. District Court for the District of Maryland

Filed Date: Feb. 23, 2012

Closed Date: Dec. 13, 2017

Clearinghouse coding complete

Case Summary

On February 23, 2012, five Maryland state prisoners who are deaf filed a class-action lawsuit in the United States District Court for the District of Maryland against the Maryland Department of Public Safety and Correctional Services (MDPSCS) and other state entities under 42 U.S.C. § 1983. Represented by private counsel, the U.S. Department of Justice, and the Washington Lawyers Committee for Civil Rights and Urban Affairs, plaintiffs alleged violations of the Americans with Disabilities Act, …

On February 23, 2012, five Maryland state prisoners who are deaf filed a class-action lawsuit in the United States District Court for the District of Maryland against the Maryland Department of Public Safety and Correctional Services (MDPSCS) and other state entities under 42 U.S.C. § 1983. Represented by private counsel, the U.S. Department of Justice, and the Washington Lawyers Committee for Civil Rights and Urban Affairs, plaintiffs alleged violations of the Americans with Disabilities Act, the Rehabilitation Act, and the right to free speech guaranteed by the First Amendment. Specifically, the plaintiffs alleged that the defendants refused to provide the proper interpretive services, videophones, and other hearing devices. Plaintiffs sought injunctive relief and damages.

On March 13, 2013, Judge Ellen Hollander issued an opinion and an order denying the defendants' motion to dismiss or for summary judgment. Judge Hollander also denied the defendants' motion to dismiss for failure to exhaust administrative remedies. Jarboe v. Maryland Dep't of Pub. Safety & Corr. Servs., 2013 WL 1010357 (D. Md. Mar. 13, 2013).

The parties entered into settlement talks and subsequently reached a tentative agreement. The settlement agreement was not filed with the court, nor was a class certified. The terms of the settlement agreement included requiring MDPSCS to adopt a non-discrimination policy based on disability to ensure that hearing-impaired individuals have as equal an opportunity to participate in services, programs, and activities as other individuals similarly situated. In addition, MDPSCS designated an ADA Coordinator responsible for identifying hearing-impaired individuals in MDPSCS facilities and ensuring that they have access to auxiliary aids and services. Under the settlement agreement, MDPSCS was also required to implement intake procedures that protect the ability of hearing-impaired individuals to effectively communicate, set up visual alert notifications in facilities, and provide telecommunication devices (including teletypewriters (TTYs), videophones, etc.). MDPSCS reserved the right to restrain the hands of hearing-impaired individuals but agreed to consider alternatives that would allow individuals to effectively communicate. Finally, MDPSCS also agreed to institute new training policies for staff and notify all hearing-impaired individuals in MDPSCS of its obligations within 30 days of signing the agreement. Terms included payment of $142,500 in attorneys fees and costs to plaintiffs. On February 20, 2015, Judge Hollander dismissed the case without prejudice with the provision that the parties retained a right to reopen the case within a 90-day period. The 90-day period was significant as many of the terms of the settlement agreement required MDPSCS to take action within 30 days. No motion was filed within 90 days. The case was then closed. 

In October 2015, an individual at a Maryland prison who believed they were similarly situated to the plaintiffs in the case requested that the court reopen the case so they could proceed independently, rather than as a party bound by the Settlement Agreement. Their request was denied in an order by Judge Hollander in August 2016.

The issue was brought on appeal to the U.S. Court of Appeals for the Fourth Circuit in January 2017 (docket no. 17-1131), but was dismissed for lack of jurisdiction because the notice of appeal was not timely filed in July 2017 in an unpublished opinion by Judge James Andrew Wynn, Judge Allyson K. Duncan, and Senior Judge Clyde H. Hamilton. The court also denied the appellant's motion for rehearing, filed in September 2017, as untimely.

The request was filed on appeal with the U.S. Court of Appeals for the Fourth Circuit in October 2017 (docket no. 17-7358). The appeal was dismissed on February 6, 2018, due to the plaintiff’s failure to satisfy informal briefing and the Prison Litigation Reform Act (PLRA) requirements. The case is now closed. 

Summary Authors

Jessica Kincaid (3/15/2015)

Hannah Juge (6/17/2022)

Amanda Gao (11/23/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5041548/parties/jarboe-v-maryland-department-of-public-safety-and-correctional-services/


Attorney for Plaintiff

Champaign, Lauren Ashley (Maryland)

Edmondson, Joseph Dowell (Maryland)

Attorney for Defendant

Carter, Jessica Veree (Maryland)

Gatewood, Nichole Cherie (Maryland)

General, Jessica B. (Maryland)

show all people

Documents in the Clearinghouse

Document

1:12-cv-00572

Docket

March 9, 2015

March 9, 2015

Docket
1

1:12-cv-00572

Class Action Complaint

Feb. 22, 2012

Feb. 22, 2012

Complaint
49

1:12-cv-00572

Memorandum Opinion

March 13, 2013

March 13, 2013

Order/Opinion

2013 WL 1010357

50

1:12-cv-00572

Order

March 13, 2013

March 13, 2013

Order/Opinion

1:12-cv-00572

Settlement Agreement

Feb. 20, 2015

Feb. 20, 2015

Settlement Agreement
13

17-1131

[Untitled]

Jarboe et al. v. Maryland Department of Public Safety and Correctional Services (DPSCS) et al.

U.S. Court of Appeals for the Fourth Circuit

July 24, 2017

July 24, 2017

Order/Opinion

693 Fed.Appx. 227

18

17-1131

Order

Jarboe et al. v. Maryland Department of Public Safety and Correctional Services (DPSCS) et al.

U.S. Court of Appeals for the Fourth Circuit

Sept. 8, 2017

Sept. 8, 2017

Order/Opinion
114

1:12-cv-00572

Memorandum

Jarboe v. Maryland. Department of Public Safety and Correctional Services

Sept. 27, 2017

Sept. 27, 2017

Order/Opinion
11

17-07358

Order

Koenig v. Warden

U.S. Court of Appeals for the Fourth Circuit

Feb. 6, 2018

Feb. 6, 2018

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5041548/jarboe-v-maryland-department-of-public-safety-and-correctional-services/

Last updated Dec. 1, 2025, 4:40 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Dayena Corcoran, Paulette Francois, Maryland Correctional Enterprises, Maryland Correctional Institution, Jessup (MCIJ), Maryland Department of Labor, Licensing and Regulation, Division of Workforce Development and Adult Learning (Correctional Education), Maryland Department of Public Safety and Correctional Services (DPSCS), Maryland Division of Corrections, Gary D. Maynard, J. Philip Morgan, Stephen M. Shiloh, J. Micheal Stouffer, Western Correctional Institution (WCI) (Filing fee $ 350 receipt number 84637018669.) filed by Gary Denmark, Christopher Jarboe, Carroll Connelly, Garfield Redd, Vander Davis. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(rss, Deputy Clerk) (Entered: 02/24/2012)

Feb. 23, 2012

Feb. 23, 2012

Clearinghouse

Jury Trial Demand by Carroll Connelly, Vander Davis, Gary Denmark, Christopher Jarboe, Garfield Redd. (rss, Deputy Clerk)

Feb. 23, 2012

Feb. 23, 2012

2

Summons Issued 21 days as to Dayena Corcoran, Paulette Francois, Maryland Correctional Enterprises, Maryland Correctional Institution, Jessup (MCIJ), Maryland Department of Labor, Licensing and Regulation, Division of Workforce Development and Adult Learning (Correctional Education), Maryland Department of Public Safety and Correctional Services (DPSCS), Maryland Division of Corrections, Gary D. Maynard, J. Philip Morgan, Stephen M. Shiloh, J. Micheal Stouffer, Western Correctional Institution (WCI). (rss, Deputy Clerk) (Entered: 02/24/2012)

Feb. 24, 2012

Feb. 24, 2012

3

NOTICE of Appearance by Ivy Ann Finkenstadt on behalf of All Plaintiffs (Finkenstadt, Ivy) (Entered: 03/07/2012)

March 7, 2012

March 7, 2012

4

NOTICE of Appearance by M Willis Gunther on behalf of Paulette Francois, Maryland Department of Labor, Licensing and Regulation, Division of Workforce Development and Adult Learning (Correctional Education) (Gunther, M) (Entered: 03/15/2012)

March 15, 2012

March 15, 2012

5

MOTION for Extension of Time by Paulette Francois, Maryland Department of Labor, Licensing and Regulation, Division of Workforce Development and Adult Learning (Correctional Education) Responses due by 4/2/2012 (Attachments: # 1 Text of Proposed Order)(Gunther, M) (Entered: 03/15/2012)

March 15, 2012

March 15, 2012

6

ORDER granting 5 Motion for Extension of Time. Signed by Judge Ellen L. Hollander on 3/15/12. (bmhs, Deputy Clerk) (Entered: 03/16/2012)

March 15, 2012

March 15, 2012

7

NOTICE of Appearance by Rex Schultz Gordon on behalf of Dayena Corcoran, Maryland Correctional Institution, Jessup (MCIJ), Maryland Department of Public Safety and Correctional Services (DPSCS), Maryland Division of Corrections, Gary D. Maynard, J. Philip Morgan, J. Micheal Stouffer, Western Correctional Institution (WCI) (Gordon, Rex) (Entered: 03/21/2012)

March 21, 2012

March 21, 2012

8

MOTION for Extension of Time to File Response/Reply to and including April 23, 2012 by Dayena Corcoran, Maryland Correctional Institution, Jessup (MCIJ), Maryland Department of Public Safety and Correctional Services (DPSCS), Maryland Division of Corrections, Gary D. Maynard, J. Philip Morgan, J. Micheal Stouffer, Western Correctional Institution (WCI). Responses due by 4/9/2012 (Attachments: # 1 Text of Proposed Order)(Gordon, Rex) (Entered: 03/21/2012)

March 21, 2012

March 21, 2012

9

ORDER denying 8 Motion for Extension of Time. Signed by Judge Ellen L. Hollander on 3/21/12. (bmhs, Deputy Clerk) (Entered: 03/21/2012)

March 21, 2012

March 21, 2012

10

MOTION for Extension of Time to File Response/Reply to and including April 23, 2012 by Dayena Corcoran, Maryland Correctional Institution, Jessup (MCIJ), Maryland Department of Public Safety and Correctional Services (DPSCS), Maryland Division of Corrections, Gary D. Maynard, J. Philip Morgan, J. Micheal Stouffer, Western Correctional Institution (WCI). Responses due by 4/9/2012 (Attachments: # 1 Text of Proposed Order)(Gordon, Rex) (Entered: 03/21/2012)

March 21, 2012

March 21, 2012

11

ORDER granting 10 Defendants' Motion for Extension of Time to 4/23/12. Signed by Judge Ellen L. Hollander on 3/21/12. (jmk, Deputy Clerk)(c/m 3/22/12) (Entered: 03/22/2012)

March 21, 2012

March 21, 2012

12

SUMMONS Returned Executed by Gary Denmark, Christopher Jarboe, Carroll Connelly, Vander Davis. Paulette Francois served on 3/1/2012, answer due 3/22/2012. (Edmondson, Joseph) (Entered: 04/19/2012)

April 19, 2012

April 19, 2012

13

SUMMONS Returned Executed by Gary Denmark, Christopher Jarboe, Carroll Connelly, Vander Davis. Dayena Corcoran served on 2/29/2012, answer due 3/21/2012. (Edmondson, Joseph) (Entered: 04/19/2012)

April 19, 2012

April 19, 2012

14

SUMMONS Returned Executed by Gary Denmark, Christopher Jarboe, Carroll Connelly, Vander Davis. J. Micheal Stouffer served on 3/1/2012, answer due 3/22/2012. (Edmondson, Joseph) (Entered: 04/19/2012)

April 19, 2012

April 19, 2012

15

SUMMONS Returned Executed by Gary Denmark, Christopher Jarboe, Carroll Connelly, Vander Davis. Gary D. Maynard served on 3/1/2012, answer due 3/22/2012. (Edmondson, Joseph) (Entered: 04/19/2012)

April 19, 2012

April 19, 2012

16

SUMMONS Returned Executed by Gary Denmark, Christopher Jarboe, Carroll Connelly, Vander Davis. J. Philip Morgan served on 3/1/2012, answer due 3/22/2012. (Edmondson, Joseph) (Entered: 04/19/2012)

April 19, 2012

April 19, 2012

17

SUMMONS Returned Executed by Gary Denmark, Christopher Jarboe, Carroll Connelly, Vander Davis. Maryland Correctional Institution, Jessup (MCIJ) served on 2/29/2012, answer due 3/21/2012. (Edmondson, Joseph) (Entered: 04/19/2012)

April 19, 2012

April 19, 2012

18

SUMMONS Returned Executed by Gary Denmark, Christopher Jarboe, Carroll Connelly, Vander Davis. Maryland Correctional Enterprises served on 2/29/2012, answer due 3/21/2012. (Edmondson, Joseph) (Entered: 04/19/2012)

April 19, 2012

April 19, 2012

19

SUMMONS Returned Executed by Gary Denmark, Christopher Jarboe, Carroll Connelly, Vander Davis. Maryland Department of Labor, Licensing and Regulation, Division of Workforce Development and Adult Learning (Correctional Education) served on 3/1/2012, answer due 3/22/2012. (Edmondson, Joseph) (Entered: 04/19/2012)

April 19, 2012

April 19, 2012

20

SUMMONS Returned Executed by Gary Denmark, Christopher Jarboe, Carroll Connelly, Vander Davis. Maryland Department of Public Safety and Correctional Services (DPSCS) served on 3/1/2012, answer due 3/22/2012. (Edmondson, Joseph) (Entered: 04/19/2012)

April 19, 2012

April 19, 2012

21

SUMMONS Returned Executed by Gary Denmark, Christopher Jarboe, Carroll Connelly, Vander Davis. Maryland Division of Corrections served on 3/1/2012, answer due 3/22/2012. (Edmondson, Joseph) (Entered: 04/19/2012)

April 19, 2012

April 19, 2012

22

SUMMONS Returned Executed by Gary Denmark, Christopher Jarboe, Carroll Connelly, Vander Davis. Western Correctional Institution (WCI) served on 3/6/2012, answer due 3/27/2012. (Edmondson, Joseph) (Entered: 04/19/2012)

April 19, 2012

April 19, 2012

23

SUMMONS Returned Executed by Gary Denmark, Christopher Jarboe, Carroll Connelly, Vander Davis. Stephen M. Shiloh served on 2/29/2012, answer due 3/21/2012. (Edmondson, Joseph) (Entered: 04/19/2012)

April 19, 2012

April 19, 2012

24

MOTION for Extension of Time to File Response/Reply to and including May 18, 2012 by Dayena Corcoran, Maryland Correctional Institution, Jessup (MCIJ), Maryland Department of Public Safety and Correctional Services (DPSCS), Maryland Division of Corrections, Gary D. Maynard, J. Philip Morgan, J. Micheal Stouffer, Western Correctional Institution (WCI). Responses due by 5/10/2012 (Attachments: # 1 Text of Proposed Order)(Gordon, Rex) (Entered: 04/23/2012)

April 23, 2012

April 23, 2012

25

MOTION to Dismiss for Failure to State a Claim or in the alternative, MOTION for Summary Judgment by Paulette Francois, Maryland Department of Labor, Licensing and Regulation, Division of Workforce Development and Adult Learning (Correctional Education) Responses due by 5/10/2012 (Attachments: # 1 Supplement Memorandum in Support, # 2 Affidavit Paulette Francois, # 3 Affidavit Alice Wirth)(Gunther, M) (Entered: 04/23/2012)

April 23, 2012

April 23, 2012

26

ORDER granting 24 Motion for Extension of Time. Signed by Judge Ellen L. Hollander on 4/23/12. (bmhs, Deputy Clerk) (Entered: 04/24/2012)

April 23, 2012

April 23, 2012

27

Consent MOTION for Extension of Time to File Response/Reply as to 25 MOTION to Dismiss for Failure to State a Claim or in the alternative MOTION for Summary Judgment to and including May 21, 2012 by Carroll Connelly, Vander Davis, Gary Denmark, Christopher Jarboe, Garfield Redd. Responses due by 5/21/2012 (Attachments: # 1 Text of Proposed Order)(Edmondson, Joseph) (Entered: 05/04/2012)

May 4, 2012

May 4, 2012

28

ORDER granting 27 Consent Motion for Extension of Time to File Response re 25 MOTION to Dismiss for Failure to State a Claim or in the alternative MOTION for Summary Judgment; Responses due by 5/21/2012. Signed by Judge Ellen L. Hollander on 5/4/12. (Hollander, Ellen) (Entered: 05/04/2012)

May 4, 2012

May 4, 2012

29

MOTION to Dismiss for Failure to Exhaust Administrative Remedies by Dayena Corcoran, Maryland Correctional Institution, Jessup (MCIJ), Maryland Department of Public Safety and Correctional Services (DPSCS), Maryland Division of Corrections, Gary D. Maynard, J. Philip Morgan, J. Micheal Stouffer, Western Correctional Institution (WCI) Responses due by 5/25/2012 (Attachments: # 1 Memorandum in Support, # 2 Exhibit A Declaration of SGT Selma Fulgham with documents attached, # 3 Exhibit B Declaration of Scott S. Oakley)(Gordon, Rex) (Entered: 05/08/2012)

May 8, 2012

May 8, 2012

30

RESPONSE in Opposition re 25 MOTION to Dismiss for Failure to State a Claim or in the alternative MOTION for Summary Judgment filed by Carroll Connelly, Vander Davis, Gary Denmark, Christopher Jarboe, Garfield Redd. Replies due by 6/7/2012. (Attachments: # 1 Affidavit Rule 56(d) Affidavit of Joseph D. Edmondson, Jr., # 2 Exhibit DLLR Website Page, # 3 Exhibit DLLR Website Page, # 4 Exhibit DLLR Website Page, # 5 Text of Proposed Order)(Edmondson, Joseph) (Entered: 05/21/2012)

May 21, 2012

May 21, 2012

31

ORDER to Counsel. Signed by Judge Ellen L. Hollander on 5/22/12. (bmhs, Deputy Clerk) (Entered: 05/22/2012)

May 22, 2012

May 22, 2012

32

NOTICE of Appearance by Rex Schultz Gordon on behalf of Maryland Correctional Enterprises, Stephen M. Shiloh (Gordon, Rex) (Entered: 05/23/2012)

May 23, 2012

May 23, 2012

33

Correspondence re: Joining of Maryland Correctional Enterprises and Stephen M. Shiloh to Document 29 filed on May 8, 2012 (Gordon, Rex) (Entered: 05/23/2012)

May 23, 2012

May 23, 2012

34

Consent MOTION for Extension of Time to File Response/Reply as to 29 MOTION to Dismiss for Failure to Exhaust Administrative Remedies by Carroll Connelly, Vander Davis, Gary Denmark, Christopher Jarboe, Garfield Redd. Responses due by 6/11/2012 (Attachments: # 1 Text of Proposed Order)(Edmondson, Joseph) (Entered: 05/23/2012)

May 23, 2012

May 23, 2012

35

ORDER granting 34 Motion for Enlargement of Time for Plaintiffs to Respond to Motion to Dismiss Filed by Maryland Department of Public Safety and Correctional Services, et al. Signed by Judge Ellen L. Hollander on 5/23/12. (bmhs, Deputy Clerk) (Entered: 05/23/2012)

May 23, 2012

May 23, 2012

36

Correspondence re: Status of Defendants Maryland Correctional Enterprises and Shiloh (Edmondson, Joseph) (Entered: 06/01/2012)

June 1, 2012

June 1, 2012

37

REPLY to Response to Motion re 25 MOTION to Dismiss for Failure to State a Claim or in the alternative MOTION for Summary Judgment filed by Paulette Francois, Maryland Department of Labor, Licensing and Regulation, Division of Workforce Development and Adult Learning (Correctional Education). (Gunther, M) (Entered: 06/04/2012)

June 4, 2012

June 4, 2012

38

RESPONSE in Opposition re 29 MOTION to Dismiss for Failure to Exhaust Administrative Remedies filed by Carroll Connelly, Vander Davis, Gary Denmark, Christopher Jarboe, Garfield Redd. Replies due by 6/21/2012. (Edmondson, Joseph) (Entered: 06/04/2012)

June 4, 2012

June 4, 2012

39

Consent MOTION for Extension of Time to File Response/Reply re 38 to and including June 25, 2012 by Dayena Corcoran, Maryland Correctional Enterprises, Maryland Correctional Institution, Jessup (MCIJ), Maryland Department of Public Safety and Correctional Services (DPSCS), Maryland Division of Corrections, Gary D. Maynard, J. Philip Morgan, Stephen M. Shiloh, J. Micheal Stouffer, Western Correctional Institution (WCI). Responses due by 7/6/2012 (Attachments: # 1 Text of Proposed Order)(Gordon, Rex) (Entered: 06/19/2012)

June 19, 2012

June 19, 2012

40

ORDER granting 39 Motion for Extension of Time. Signed by Judge Ellen L. Hollander on 6/19/12. (bmhs, Deputy Clerk) (Entered: 06/20/2012)

June 19, 2012

June 19, 2012

41

(FILED IN ERROR) RESPONSE re 38 Response in Opposition to Motion, Defendants' Response to Plaintiffs' Opposition to Defendants' Motion to Dismiss for Failure to Exhaust Administrative Remedies filed by Dayena Corcoran, Maryland Correctional Enterprises, Maryland Correctional Institution, Jessup (MCIJ), Maryland Department of Public Safety and Correctional Services (DPSCS), Maryland Division of Corrections, Gary D. Maynard, J. Philip Morgan, Stephen M. Shiloh, J. Micheal Stouffer, Western Correctional Institution (WCI). (Gordon, Rex) Modified on 6/28/2012 (bmhs, Deputy Clerk). (Entered: 06/25/2012)

June 25, 2012

June 25, 2012

42

QC NOTICE: 41 Response filed by J. Philip Morgan, Maryland Correctional Enterprises, Dayena Corcoran, Maryland Department of Public Safety and Correctional Services (DPSCS), J. Micheal Stouffer, Maryland Division of Corrections, Maryland Correctional Institution, Jessup (MCIJ), Stephen M. Shiloh, Western Correctional Institution (WCI), Gary D. Maynard was filed incorrectly. **Please refile this document under category "Responses and Replies" using the event "Reply to Response to Motion". It has been noted as FILED IN ERROR, and the document link has been disabled. (bmhs, Deputy Clerk) (Entered: 06/28/2012)

June 28, 2012

June 28, 2012

43

REPLY to Response to Motion re 29 MOTION to Dismiss for Failure to Exhaust Administrative Remedies Defendants' Response to Plaintiffs; Opposition to Defendants' Motion to Dismiss for Failure to Exhaust Administrative Remedies filed by Dayena Corcoran, Maryland Correctional Enterprises, Maryland Correctional Institution, Jessup (MCIJ), Maryland Department of Public Safety and Correctional Services (DPSCS), Maryland Division of Corrections, Gary D. Maynard, J. Philip Morgan, Stephen M. Shiloh, J. Micheal Stouffer, Western Correctional Institution (WCI). (Gordon, Rex) (Entered: 06/28/2012)

June 28, 2012

June 28, 2012

44

NOTICE by Carroll Connelly, Vander Davis, Gary Denmark, Christopher Jarboe, Garfield Redd of Attorney Withdrawal (Finkenstadt, Ivy) (Entered: 09/27/2012)

Sept. 27, 2012

Sept. 27, 2012

45

NOTICE of Appearance by Elizabeth Elaine Gardner on behalf of Christopher Jarboe (Gardner, Elizabeth) (Entered: 09/27/2012)

Sept. 27, 2012

Sept. 27, 2012

46

ORDER withdrawing Ivy Finkenstadt as counsel for Plaintiffs Jarboe, Connelly, Davis, Denmark and Redd. Signed by Judge Ellen L. Hollander on 9/27/12. (bmhs, Deputy Clerk) (Entered: 09/28/2012)

Sept. 27, 2012

Sept. 27, 2012

47

NOTICE to Substitute Attorney Megan Whyte (Gardner, Elizabeth) (Entered: 02/15/2013)

Feb. 15, 2013

Feb. 15, 2013

48

NOTICE of Appearance by Megan Kathleen Whyte on behalf of Christopher Jarboe (Whyte, Megan) (Entered: 02/19/2013)

Feb. 19, 2013

Feb. 19, 2013

49

MEMORANDUM OPINION. Signed by Judge Ellen L. Hollander on 3/13/13. (bmhs, Deputy Clerk) (Entered: 03/13/2013)

March 13, 2013

March 13, 2013

Clearinghouse
50

ORDER denying 25 Motion to Dismiss or, In the Alternative, for Summary Judgment; and denying 29 Motion to Dismiss for Failure to Exhause Administrative Remedies;. Signed by Judge Ellen L. Hollander on 3/13/13. (bmhs, Deputy Clerk) (Entered: 03/13/2013)

March 13, 2013

March 13, 2013

Clearinghouse
51

MEMORANDUM to Counsel. Signed by Judge Ellen L. Hollander on 3/18/13. (bmhs, Deputy Clerk) (Entered: 03/18/2013)

March 18, 2013

March 18, 2013

52

ANSWER to 1 Complaint,, by Paulette Francois, Maryland Department of Labor, Licensing and Regulation, Division of Workforce Development and Adult Learning (Correctional Education).(Gunther, M) (Entered: 03/27/2013)

March 27, 2013

March 27, 2013

53

ANSWER to 1 Complaint,, by Dayena Corcoran, Maryland Correctional Enterprises, Maryland Correctional Institution, Jessup (MCIJ), Maryland Department of Public Safety and Correctional Services (DPSCS), Maryland Division of Corrections, Gary D. Maynard, J. Philip Morgan, Stephen M. Shiloh, J. Micheal Stouffer, Western Correctional Institution (WCI).(Gordon, Rex) (Entered: 03/27/2013)

March 27, 2013

March 27, 2013

54

SCHEDULING ORDER: Status Report due by 11/12/2013. Signed by Judge Ellen L. Hollander on 4/12/13. (Attachments: # 1 Standing Memorandum to Counsel Concerning Discovery)(bmhs, Deputy Clerk) (Entered: 04/15/2013)

April 12, 2013

April 12, 2013

Telephone Status Conference held on 4/12/2013 before Judge Ellen L. Hollander. (bmhs, Deputy Clerk)

April 12, 2013

April 12, 2013

55

ORDER REFERRING CASE to Magistrate Judge Stephanie A Gallagher for Settlement. Signed by Judge Ellen L. Hollander on 4/15/13 (cags, Deputy Clerk) (Entered: 04/15/2013)

April 15, 2013

April 15, 2013

56

ORDER Scheduling Settlement Conference. Signed by Magistrate Judge Stephanie A Gallagher on 4/16/13. (bmhs, Deputy Clerk) (Entered: 04/17/2013)

April 16, 2013

April 16, 2013

57

PAPERLESS ORDER NOTIFYING Counsel that, as requested, the settlement conference previously set for June 14, 2013 has been RESCHEDULED to Wednesday, July 10, 2013 at 9:30 a.m. Ex parte letters are now due Wednesday, June 26, 2013. Counsel are advised to follow the instructions as set forth in the original Order Scheduling Settlement dated April 16, 2013. Signed by Magistrate Judge Stephanie A Gallagher on 5/9/13. (vals, Chambers) (Entered: 05/09/2013)

May 9, 2013

May 9, 2013

58

MOTION to Amend/Correct 54 Scheduling Order to Extend Time for Conference Regarding Electronically Stored Information by Carroll Connelly, Vander Davis, Gary Denmark, Christopher Jarboe Responses due by 5/31/2013 (Attachments: # 1 Text of Proposed Order)(Edmondson, Joseph) (Entered: 05/13/2013)

May 13, 2013

May 13, 2013

59

ORDER granting 58 Plaintiffs' Motion to Revise Scheduling Order to Extend Time for Conference Regarding Electronically Stored Information. Signed by Judge Ellen L. Hollander on 5/13/13. (bmhs, Deputy Clerk) (Entered: 05/14/2013)

May 13, 2013

May 13, 2013

60

NOTICE of Appearance by Deborah M Golden on behalf of Christopher Jarboe (Golden, Deborah) (Entered: 06/14/2013)

June 14, 2013

June 14, 2013

61

NOTICE of Appearance by Lauren Champaign on behalf of All Plaintiffs (Champaign, Lauren) (Entered: 06/20/2013)

June 20, 2013

June 20, 2013

62

PAPERLESS ORDER NOTIFYING Counsel that the settlement conference previously set for July 10, 2013 has been RESCHEDULED to Monday, September 16, 2013 at 9:30 a.m. Ex parte letters or any supplements are due Tuesday, September 03, 2013. Counsel are advised to follow the instructions as set forth in the original Order Scheduling Settlement dated April 16, 2013. Signed by Magistrate Judge Stephanie A Gallagher on 7/8/13. (vals, Chambers) (Entered: 07/08/2013)

July 8, 2013

July 8, 2013

63

MOTION for Writ of Habeas Corpus ad testificandum by Carroll Connelly, Vander Davis, Gary Denmark, Christopher Jarboe, Garfield Redd Responses due by 8/19/2013 (Attachments: # 1 Text of Proposed Writ, # 2 Text of Proposed Writ)(Champaign, Lauren) (Entered: 07/31/2013)

July 31, 2013

July 31, 2013

64

WRIT of Habeas Corpus ad testificandum issued (jnls, Deputy Clerk) (Entered: 08/05/2013)

Aug. 5, 2013

Aug. 5, 2013

65

WRIT of Habeas Corpus ad testificandum issued (jnls, Deputy Clerk) (Entered: 08/05/2013)

Aug. 5, 2013

Aug. 5, 2013

66

Corrected MOTION for Writ of Habeas Corpus ad testificandum by Vander Davis, Gary Denmark, Christopher Jarboe Responses due by 9/6/2013 (Attachments: # 1 Text of Proposed Order, # 2 Text of Proposed Order, # 3 Text of Proposed Order)(Champaign, Lauren) (Entered: 08/19/2013)

Aug. 19, 2013

Aug. 19, 2013

68

MOTION for Extension of Time to File Ex Parte Letters to and including September 6, 2013 by Dayena Corcoran, Maryland Correctional Institution, Jessup (MCIJ), Maryland Department of Public Safety and Correctional Services (DPSCS), Maryland Division of Corrections, Gary D. Maynard, J. Philip Morgan, J. Micheal Stouffer, Western Correctional Institution (WCI) Responses due by 9/20/2013 (Attachments: # 1 Text of Proposed Order)(Gordon, Rex) (Entered: 09/03/2013)

Sept. 3, 2013

Sept. 3, 2013

69

PAPERLESS ORDER granting 68 Consent Motion for Extension of Time. Signed by Magistrate Judge Stephanie A Gallagher on 9/3/13. (vals, Chambers) (Entered: 09/03/2013)

Sept. 3, 2013

Sept. 3, 2013

Telephone Conference held on 9/9/2013 before Magistrate Judge Stephanie A Gallagher. (bmhs, Deputy Clerk)

Sept. 9, 2013

Sept. 9, 2013

Settlement Conference held on 9/16/2013 before Magistrate Judge Stephanie A Gallagher. (bmhs, Deputy Clerk)

Sept. 16, 2013

Sept. 16, 2013

70

PAPERLESS ORDER CONFIRMING that a second settlement conference has been set for December 2, 2013 at 9:30 a.m. Counsel may submit, if necessary, brief supplemental ex parte letters by November 18, 2013. Signed by Magistrate Judge Stephanie A Gallagher on 9/24/13. (vals, Chambers) (Entered: 09/24/2013)

Sept. 24, 2013

Sept. 24, 2013

71

Consent MOTION to Stay Scheduling Order Deadlines by Dayena Corcoran, Maryland Correctional Institution, Jessup (MCIJ), Maryland Department of Public Safety and Correctional Services (DPSCS), Maryland Division of Corrections, Gary D. Maynard, J. Philip Morgan, J. Micheal Stouffer, Western Correctional Institution (WCI) Responses due by 10/15/2013 (Gordon, Rex) (Entered: 09/27/2013)

Sept. 27, 2013

Sept. 27, 2013

72

ORDER approving 71 Motion to Stay Scheduling Order Deadlines. Signed by Judge Ellen L. Hollander on 9/27/13. (apls, Deputy Clerk) (Entered: 09/30/2013)

Sept. 27, 2013

Sept. 27, 2013

73

ORDER to Counsel. Signed by Judge Ellen L. Hollander on 12/3/13. (bmhs, Deputy Clerk) (Entered: 12/04/2013)

Dec. 2, 2013

Dec. 2, 2013

Second Settlement Conference held on 12/2/2013 before Magistrate Judge Stephanie A Gallagher. (bmhs, Deputy Clerk)

Dec. 2, 2013

Dec. 2, 2013

74

Correspondence re: Joint Proposed Modified Scheduling Order (Champaign, Lauren) (Entered: 12/12/2013)

Dec. 12, 2013

Dec. 12, 2013

75

MOTION for Extension of Time to submit a status report to Tuesday, December 17, 2013 by Dayena Corcoran, Maryland Correctional Institution, Jessup (MCIJ), Maryland Department of Public Safety and Correctional Services (DPSCS), Maryland Division of Corrections, Gary D. Maynard, J. Philip Morgan, J. Micheal Stouffer, Western Correctional Institution (WCI) Responses due by 12/30/2013 (Gordon, Rex) (Entered: 12/13/2013)

Dec. 13, 2013

Dec. 13, 2013

76

MARGINAL ORDER granting 75 Motion for Extension of Time. Signed by Judge Ellen L. Hollander on 12/13/13. (bmhs, Deputy Clerk) (Entered: 12/13/2013)

Dec. 13, 2013

Dec. 13, 2013

77

MODIFIED SCHEDULING ORDER: Status Report due by 4/12/2014. Signed by Judge Ellen L. Hollander on 12/17/13. (bmhs, Deputy Clerk) (Entered: 12/17/2013)

Dec. 17, 2013

Dec. 17, 2013

78

NOTICE of Appearance by Dorianne Avery Meloy on behalf of Dayena Corcoran, Maryland Correctional Enterprises, Maryland Correctional Institution, Jessup (MCIJ), Maryland Department of Public Safety and Correctional Services (DPSCS), Maryland Division of Corrections, Gary D. Maynard, J. Philip Morgan, Stephen M. Shiloh, J. Micheal Stouffer, Western Correctional Institution (WCI) (Meloy, Dorianne) (Entered: 03/19/2014)

March 19, 2014

March 19, 2014

79

MOTION for Extension of Time to Complete Discovery Consent Motion to Modify Scheduling Order by Dayena Corcoran, Maryland Correctional Enterprises, Maryland Correctional Institution, Jessup (MCIJ), Maryland Department of Public Safety and Correctional Services (DPSCS), Maryland Division of Corrections, Gary D. Maynard, J. Philip Morgan, Stephen M. Shiloh, J. Micheal Stouffer, Western Correctional Institution (WCI) Responses due by 4/7/2014 (Attachments: # 1 Text of Proposed Order)(Meloy, Dorianne) (Entered: 03/19/2014)

March 19, 2014

March 19, 2014

80

Modified Scheduling Order. Signed by Judge Ellen L. Hollander on 3/19/14. (bmhs, Deputy Clerk) (Entered: 03/19/2014)

March 19, 2014

March 19, 2014

81

PAPERLESS ORDER CONFIRMING that a third settlement conference has been scheduled for May 28, 2014 at 9:30 a.m. in room 8C. Counsel may submit by May 14, 2014, brief supplemental ex parte letters. Signed by Magistrate Judge Stephanie A Gallagher on 4/14/14. (vals, Chambers) (Entered: 04/14/2014)

April 14, 2014

April 14, 2014

82

Joint MOTION to Stay Discovery and Scheduling Order Deadlines by Maryland Correctional Enterprises, Maryland Correctional Institution, Jessup (MCIJ), Maryland Department of Public Safety and Correctional Services (DPSCS), Maryland Division of Corrections, Gary D. Maynard, J. Philip Morgan, Stephen M. Shiloh, J. Micheal Stouffer, Western Correctional Institution (WCI) Responses due by 5/5/2014 (Lane Weber, Stephanie) (Entered: 04/18/2014)

April 18, 2014

April 18, 2014

83

MARGINAL ORDER approving 82 Joint Motion to Stay Discovery and Scheduling Order Deadlines. Signed by Judge Ellen L. Hollander on 4/18/14. (bmhs, Deputy Clerk) (Entered: 04/21/2014)

April 18, 2014

April 18, 2014

84

NOTICE of Appearance by Christopher Bowie Lord on behalf of Maryland Department of Labor, Licensing and Regulation, Division of Workforce Development and Adult Learning (Correctional Education) (Lord, Christopher) (Entered: 05/22/2014)

May 22, 2014

May 22, 2014

Telephone Conference held on 5/27/2014 before Magistrate Judge Stephanie A Gallagher. (bmhs, Deputy Clerk)

May 27, 2014

May 27, 2014

Settlement Conference held on 5/28/2014 before Magistrate Judge Stephanie A Gallagher. (bmhs, Deputy Clerk)

May 28, 2014

May 28, 2014

85

PAPERLESS ORDER CONFIRMING that a follow up settlement conference has been scheduled for June 10, 2014 at 9:30 a.m. in room 8C, and that a conference call has been set for June 4, 2014 at 1:00 p.m. I ask that Plaintiffs' counsel please initiate the call. Signed by Magistrate Judge Stephanie A Gallagher on 5/29/14. (vals, Chambers) (Entered: 05/29/2014)

May 29, 2014

May 29, 2014

Telephone Conference held on 6/4/2014 before Magistrate Judge Stephanie A Gallagher. (bmhs, Deputy Clerk)

June 4, 2014

June 4, 2014

Settlement Conference held on 6/10/2014 before Magistrate Judge Stephanie A Gallagher. (bmhs, Deputy Clerk)

June 10, 2014

June 10, 2014

Telephone Conference held on 7/17/2014 before Magistrate Judge Stephanie A Gallagher. (bmhs, Deputy Clerk)

July 17, 2014

July 17, 2014

86

MOTION to Withdraw as Attorney by Carroll Connelly, Vander Davis, Gary Denmark, Christopher Jarboe Responses due by 11/13/2014 (Whyte de Vasquez, Megan) (Entered: 10/27/2014)

Oct. 27, 2014

Oct. 27, 2014

87

MARGINAL ORDER granting 86 Motion to Withdraw as Attorney. Attorney Megan Kathleen Whyte de Vasquez terminated. Signed by Judge Ellen L. Hollander on 10/24/2014. (ko, Deputy Clerk) (Entered: 10/28/2014)

Oct. 27, 2014

Oct. 27, 2014

88

ORDER to Counsel. Signed by Judge Ellen L. Hollander on 2/10/2015. (Attachments: # 1 Instructions to Counsel Re Trial Procedure and Conduct)(bmhs, Deputy Clerk) (Entered: 02/10/2015)

Feb. 10, 2015

Feb. 10, 2015

89

Joint MOTION to Continue Trial Date by Carroll Connelly, Vander Davis, Gary Denmark, Christopher Jarboe, Garfield Redd Responses due by 3/9/2015 (Champaign, Lauren) (Entered: 02/18/2015)

Feb. 18, 2015

Feb. 18, 2015

90

PAPERLESS ORDER. A telephone conference has been scheduled for February 19, 2015, at 5:00 p.m. Plaintiffs' counsel at Foley & Lardner are to initiate the call to those counsel who are able to participate, and then to chambers. Signed by Judge Ellen L. Hollander on 2/18/2015. (kw, Chambers) (Entered: 02/18/2015)

Feb. 18, 2015

Feb. 18, 2015

91

NOTICE of Appearance by Nichole' C Gatewood on behalf of Dayena Corcoran, Maryland Correctional Enterprises, Maryland Correctional Institution, Jessup (MCIJ), Maryland Department of Public Safety and Correctional Services (DPSCS), Maryland Division of Corrections, Gary D. Maynard, J. Philip Morgan, Stephen M. Shiloh, J. Micheal Stouffer, Western Correctional Institution (WCI) (Gatewood, Nichole') (Entered: 02/19/2015)

Feb. 19, 2015

Feb. 19, 2015

Case Details

State / Territory:

Maryland

Case Type(s):

Prison Conditions

Disability Rights

Healthcare Access and Reproductive Issues

Special Collection(s):

Deaf or Blind in Jail/Prison

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 23, 2012

Closing Date: Dec. 13, 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Maryland state prisoners who are deaf

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Washington Lawyers' Committee

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

Maryland Department of Public Safety and Correctional Services, State

Maryland Division of Corrections, State

Maryland Department of Labor, Licensing and Regulation, Division of Workforce Development and Adult Learning (Correctional Education), State

Maryland Correctional Enterprises, State

Maryland Correctional Institution, Jessup, State

Western Correctional Institution, State

Defendant Type(s):

Jurisdiction-wide

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.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Constitutional Clause(s):

Freedom of speech/association

Other Dockets:

District of Maryland 1:12-cv-00572

U.S. Court of Appeals for the Fourth Circuit 17-07358

U.S. Court of Appeals for the Fourth Circuit 17-1131

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: $142,500.00

Order Duration: 2015 - 2018

Issues

General/Misc.:

Language access/needs

Disability and Disability Rights:

Hearing impairment

TTY/Close Captioning/Videophone/etc.

Discrimination Basis:

Disability (inc. reasonable accommodations)