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: 2015

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 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 Rehab…

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 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 had several settlement conferences. Subsequently, the parties reached a tentative agreement. On February 20, 2015, Judge Hollander dismissed the case without prejudice to the parties' rights to reopen the case if the settlement agreement is not consummated.

Summary Authors

Jessica Kincaid (3/15/2015)

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/

Judge(s)

Hollander, Ellen Lipton (Maryland)

Attorneys(s) for Plaintiff

Champaign, Lauren (District of Columbia)

Edmondson, Joseph Dowell Jr. (District of Columbia)

Finkenstadt, Ivy (Virginia)

Gardner, Elizabeth [Elaine] Elaine (District of Columbia)

Golden, Deborah Maxine (District of Columbia)

Patkin, Debra (California)

Whyte de Vasquez, Megan Kathleen (District of Columbia)

Attorneys(s) for Defendant

Gatewood, Nichole' C (Maryland)

Gordon, Rex Schultz (Maryland)

Judge(s)

Hollander, Ellen Lipton (Maryland)

Attorneys(s) for Plaintiff

Champaign, Lauren (District of Columbia)

Edmondson, Joseph Dowell Jr. (District of Columbia)

Finkenstadt, Ivy (Virginia)

Gardner, Elizabeth [Elaine] Elaine (District of Columbia)

Golden, Deborah Maxine (District of Columbia)

Patkin, Debra (California)

Whyte de Vasquez, Megan Kathleen (District of Columbia)

Attorneys(s) for Defendant

Gatewood, Nichole' C (Maryland)

Gordon, Rex Schultz (Maryland)

Gunther, M Willis (Maryland)

Lord, Christopher Bowie (Maryland)

Meloy, Dorianne Avery (Maryland)

Weber, Stephanie Judith Lane (Maryland)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Document

Docket

March 9, 2015 Docket
1

Class Action Complaint

Feb. 22, 2012 Complaint
49

Memorandum Opinion

2013 WL 1010357

March 13, 2013 Order/Opinion
50

Order

March 13, 2013 Order/Opinion

Settlement Agreement

None Settlement Agreement

Docket

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

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
49

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

March 13, 2013 Clearinghouse
114

MEMORANDUM OPINION. Signed by Judge Ellen L. Hollander on 9/27/2017. (c/m 9/27/17 bmhs, Deputy Clerk)

Sept. 27, 2017 RECAP
114

MEMORANDUM OPINION. Signed by Judge Ellen L. Hollander on 9/27/2017. (c/m 9/27/17 bmhs, Deputy Clerk) (Entered: 09/27/2017)

Sept. 27, 2017 RECAP
115

ORDER denying 113 Koenig's Motion for a Hearing as to the Matter of Petitioner's Standing to Seek Enforcement of Compliance with Certain Provisions of the Jarboe Settlement Agreement.. Signed by Judge Ellen L. Hollander on 9/27/2017. (c/m 9/27/17 bmhs, Deputy Clerk) (Entered: 09/27/2017)

Sept. 27, 2017 PACER
117

NOTICE OF APPEAL as to 115 Order, 114 Memorandum Opinion. (Fee Status: Filing Fee Not Paid)(slss, Deputy Clerk) (Entered: 10/10/2017)

Oct. 2, 2017 PACER
116

Correspondence from Bruce Koenig re: Motion for a Hearing. (Attachments: # 1 Envelope)(bmhs, Deputy Clerk) (Entered: 10/03/2017)

Oct. 3, 2017 PACER
118

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 117 Notice of Appeal. IMPORTANT NOTICE: To access forms which you are required to file with the United States Court of Appeals for the Fourth Circuit please go to http://www.ca4.uscourts.gov and click on Forms & Notices.(slss, Deputy Clerk) (Entered: 10/10/2017)

Oct. 10, 2017 PACER

Assembled Electronic Record Transmitted to Fourth Circuit -- Initial(slss, Deputy Clerk)

Oct. 10, 2017 PACER
119

USCA Case Number 17-7358 for 117 Notice of Appeal. Case Manager - Karen Stump (slss, Deputy Clerk) (Entered: 10/11/2017)

Oct. 11, 2017 PACER
120

NOTICE of Attorney Appearance. (Kaufman, Jessica) Modified on 10/13/2017 (dass, Deputy Clerk). (Entered: 10/12/2017)

Oct. 12, 2017 PACER
121

USCA RULE 45 NOTICE (slss, Deputy Clerk) (Entered: 12/13/2017)

Dec. 13, 2017 PACER

State / Territory: Maryland

Case Type(s):

Prison Conditions

Disability Rights/Public Accommodations

Special Collection(s):

Deaf or Blind in Jail/Prison

Key Dates

Filing Date: Feb. 23, 2012

Closing Date: 2015

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

Maryland state prisoners who are deaf

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Washington Lawyers' Committee

U.S. Dept. of Justice Civil Rights Division

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

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

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

General:

Language access/needs

TTY/Close Captioning/Videophone/etc.

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Hearing impairment

Type of Facility:

Government-run