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: Feb. 20, 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 (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. 

Summary Authors

Jessica Kincaid (3/15/2015)

Hannah Juge (6/17/2022)

People

For PACER's information on parties and their attrorneys, 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)

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

2013 WL 1010357

March 13, 2013

March 13, 2013

Order/Opinion
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
114

1:12-cv-00572

Memorandum

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

Sept. 27, 2017

Sept. 27, 2017

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 July 28, 2022, 3 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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
36

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

June 1, 2012

June 1, 2012

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
47

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

Feb. 15, 2013

Feb. 15, 2013

PACER
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

PACER
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

PACER
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

PACER
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

PACER

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

April 12, 2013

April 12, 2013

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
61

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

June 20, 2013

June 20, 2013

PACER
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

PACER
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

PACER
64

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

Aug. 5, 2013

Aug. 5, 2013

PACER
65

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

Aug. 5, 2013

Aug. 5, 2013

PACER
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

PACER
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

PACER
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

PACER

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

Sept. 9, 2013

Sept. 9, 2013

PACER

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

Sept. 16, 2013

Sept. 16, 2013

PACER
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

PACER
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

PACER
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

PACER

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

Dec. 2, 2013

Dec. 2, 2013

PACER
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

PACER
74

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

Dec. 12, 2013

Dec. 12, 2013

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER

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

May 27, 2014

May 27, 2014

PACER

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

May 28, 2014

May 28, 2014

PACER
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

PACER

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

June 4, 2014

June 4, 2014

PACER

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

June 10, 2014

June 10, 2014

PACER

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

July 17, 2014

July 17, 2014

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER

Case Details

State / Territory: Maryland

Case Type(s):

Prison Conditions

Disability Rights

Special Collection(s):

Deaf or Blind in Jail/Prison

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 23, 2012

Closing Date: Feb. 20, 2015

Case Ongoing: No

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

Amount Defendant Pays: $142,500.00

Order Duration: 2015 - 2018

Issues

General:

Language access/needs

TTY/Close Captioning/Videophone/etc.

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Hearing impairment

Type of Facility:

Government-run