Case: Porter v. Clarke

1:14-cv-01588 | U.S. District Court for the Eastern District of Virginia

Filed Date: Nov. 20, 2014

Closed Date: May 6, 2019

Clearinghouse coding complete

Case Summary

On November 20th, 2014, four persons convicted of capital murder, sentenced to death, and awaiting execution of that sentence while confined on death row at Virginia’s Sussex I State Prison (SISP) filed this lawsuit in the U.S. District Court of the Eastern District of Virginia. The plaintiffs sued the Virginia Department of Corrections and SISP under 42 U.S.C. § 1983. Represented by private counsel, the plaintiffs asked the court to extend the declaratory relief awarded to Mr. Prieto in Prieto v. Clarke to themselves, to enjoin defendants from failing to extend to the plaintiffs their rights and privileges afforded Mr. Prieto as a result of this court's order in his case. The plaintiffs also sought reasonable attorney's fees and costs pursuant to 42 U.S.C. §1988.

The plaintiffs alleged two violations. First, they contended that the conditions of their confinement on death row and the procedures for placing them there violated the Eighth and Fourteenth Amendments. Second, they argued that their permanent segregation subjects them to an inhumane existence unrelated to any legitimate penological goal, amounting to imposition of cruel and unusual punishment violating the Eighth Amendment.

On Feb 4, 2015, the defendants filed a motion to dismiss. This motion was denied on April 17, 2015. On December 21, 2015 both parties filed motions for summary judgment.

On July 8, 2016, Judge Leonie M. Brinkema granted defendants’ motion for summary judgment, denying plaintiffs’ motion for summary judgment as moot. 2016 WL 3766301. The court found that defendants made several significant changes to the conditions of SISP, resulting in new conditions of confinement that plaintiffs conceded do not violate the Eighth Amendment. The court also found that because the improvements voluntarily made by defendants have rendered plaintiffs' claims moot, it would be inappropriate under the specific facts of this action to reach the merits of plaintiffs' claims or to invoke the injunction authority of the court.

On August 4, 2016, the plaintiffs filed an appeal to U.S. Court of Appeals for the Fourth Circuit, claiming that the improvements made to the conditions on death row did not moot their claims (16-07044). On January 25, 2017, the court (Judges Paul v. Niemeyer, William B. Traxler, Jr., and James A. Wynn, Jr.) heard oral arguments.

Judge Wynn delivered the opinion of the court on March 24, 2017, ruling that the improvements made did not render the plaintiffs’ claims moot. 852 F.3d 358. The case was reversed and remanded to the district court due to the defendants' unilateral capacity to reinstitute the challenged policies, their refusal to promise not to reinstitute said policies, and the defendants' outlining of certain instances when those policies might be reinstituted.

Back in the district court, the parties reopened discovery, and on August 25, 2017 both parties moved for summary judgment. On February 21, 2018, Judge Brinkema granted the plaintiffs' and denied the defendants' motions for summary judgment. 290 F.Supp.3d 518. Judge Brinkema declared that the pre-2015 conditions of the prison, including periods of isolation lasting up to 23 hours a day, were unconstitutional and in violation of the plaintiffs’ Eighth Amendment rights. It was further ordered that the defendants be enjoined from reinstituting the pre-2015 conditions. The injunction was to remain in place for two years, absent a finding that the prison reverted to pre-2015 conditions.

The defendants appealed the order to the U.S. Court of Appeals for the Fourth Circuit on March 13, 2018. On December 13, 2018, the court (Judges Paul V. Niemeyer, Robert B. King and James A. Wynn) heard oral argument. Judge Wynn delivered the opinion of the court on May 3, 2019, amending the opinion on May 6 and affirming the district court's decision. First, the court found that the district court's grant of summary judgment was appropriate. Under the undisputed facts, the challenged conditions of confinement on Virginia’s death row created a “substantial risk” of serious psychological and emotional harm, thus satisfying the objective prong of the Eighth Amendment analysis. Further, the court found that the subjective prong was also satisfied, as the defendants were deliberately indifferent to the risk of serious psychological and emotional harm. Second, the court upheld the district court's injunction against reinstituting the pre-2015 conditions. 923 F.3d 348 (4th Cir. 2019).

The defendants filed a petition for rehearing or rehearing en banc; it was denied on July 26, 2019, with five votes to grant rehearing en banc (Judge Wilkinson, Judge Niemeyer, Judge Richardson, Judge Quattlebaum, and Judge Rushing).

As of April 1, 2021, the case appears to be closed.

Summary Authors

Kristin D'Souza (8/4/2016)

Julie Singer (3/5/2017)

Nichollas Dawson (3/7/2018)

Eva Richardson (5/29/2019)

Gabrielle Simeck (4/1/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5327733/parties/porter-v-clarke/

Judge(s)

Brinkema, Leonie M. (Virginia)

Attorney for Plaintiff

Ali, Kathryn Marshall

Attorney for Defendant

Expert/Monitor/Master/Other

Amezquita, Hope R.

Apfel, Carrie F.

Atteberry, Jeffrey Aaron

Judge(s)

Brinkema, Leonie M. (Virginia)

Niemeyer, Paul Victor (Maryland)

Traxler, William Byrd Jr. (Virginia)

Wynn, James Andrew Jr. (North Carolina)

Attorney for Plaintiff

Ali, Kathryn Marshall

Fogel, Jeffrey E. (Virginia)

Glasberg, Victor Michael (Virginia)

Lockwood, Elizabeth Catherine

Maxwell, W. David

Rosenfield, Steven David (Virginia)

Sokol, Maxwelle C.

Stephenson, Ryan

Thomson, Parker D.

Attorney for Defendant

Dwyre, Kate Elizabeth (Virginia)

General, Mark Rankin

O'Shea, Margaret Hoehl (Virginia)

Other

Amezquita, Hope R.

Apfel, Carrie F.

Atteberry, Jeffrey Aaron

DeBruin, David W.

McKusick, Douglas Roy

Morrison, Kelly Marie

Whitehead, John W.

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1:14-cv-01588	Docket [PACER]	May 17, 2019	May 17, 2019 Docket
1 1:14-cv-01588	Complaint	Nov. 20, 2014	Nov. 20, 2014 Complaint
166 1:14-cv-01588	Memorandum Opinion	July 8, 2016	July 8, 2016 Order/Opinion 2016 WL 3766301
16-07044	Opinion [Reversing and Remanding Decision] Porter and Teleguz v. Clarke U.S. Court of Appeals for the Fourth Circuit	Jan. 25, 2017	Jan. 25, 2017 Order/Opinion
220 1:14-cv-01588	Memorandum Opinion	Feb. 21, 2018	Feb. 21, 2018 Order/Opinion
240 1:14-cv-01588	Published Amended Opinion of USCA U.S. Court of Appeals for the Fourth Circuit	May 6, 2019	May 6, 2019 Order/Opinion 923 F.3d 348

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/5327733/porter-v-clarke/

Last updated July 12, 2026, 6:57 a.m.

ECF Number	Date	Description	Link
1	Nov. 20, 2014	COMPLAINT against Harold C. Clarke, Keith W. Davis (Filing fee $ 400, receipt number 14683047796) filed by Thomas Porter, Anthony Bernard Juniper, Mark Lawlor, Ricky Gray, Ivan Teleguz. (Attachments: # 1 Civil Cover Sheet, # 2 Receipt)(jlan) (Entered: 11/21/2014) 1 Civil Cover Sheet View on PACER 2 Receipt View on PACER	RECAP
2	Nov. 20, 2014	Summons Issued to be served by SPS as to Harold C. Clarke, Keith W. Davis. (jlan) (Entered: 11/21/2014)	RECAP
3	Nov. 24, 2014	NOTICE of Appearance by Jeffrey E. Fogel on behalf of Ricky Gray, Anthony Bernard Juniper, Mark Lawlor, Thomas Porter, Ivan Teleguz (Fogel, Jeffrey) (Main Document 3 replaced on 11/26/2014) (jlan, ). (Entered: 11/24/2014)	RECAP
4	Nov. 24, 2014	NOTICE of Appearance by Steven David Rosenfield on behalf of Thomas Porter (Rosenfield, Steven) (Entered: 11/24/2014)	RECAP
5	Dec. 3, 2014	NOTICE of Appearance by Kate Elizabeth Dwyre on behalf of Harold C. Clarke, Keith W. Davis (Dwyre, Kate) (Entered: 12/03/2014)	RECAP
6	Dec. 3, 2014	NOTICE of Appearance by Margaret Hoehl O'Shea on behalf of Harold C. Clarke, Keith W. Davis (O'Shea, Margaret) (Entered: 12/03/2014)	RECAP
7	Dec. 3, 2014	MOTION to Change Venue by Harold C. Clarke, Keith W. Davis. (Dwyre, Kate) (Entered: 12/03/2014)	RECAP
8	Dec. 3, 2014	Memorandum in Support re 7 MOTION to Change Venue filed by Harold C. Clarke, Keith W. Davis. (Attachments: # 1 Exhibit Exhibit 1 - map displaying the physical locations of state correctional facilities within the Commonwealth of Virginia)(Dwyre, Kate) (Entered: 12/03/2014)	RECAP
9	Dec. 4, 2014	Notice of Hearing Date re 7 MOTION to Change Venue (Dwyre, Kate) (Entered: 12/04/2014)	RECAP
	Dec. 4, 2014	Notice of Correction: The filing user has been notified to file a Notice of Hearing Date or a Notice of Waiver of Oral Argument re 7 MOTION to Change Venue (jlan)
10	Dec. 5, 2014	NOTICE by Harold C. Clarke, Keith W. Davis of joint Waiver of Oral Argument (Dwyre, Kate) (Entered: 12/05/2014)	RECAP
11	Dec. 5, 2014	Joint MOTION for Entry of Consent Briefing Order by Harold C. Clarke, Keith W. Davis. (Dwyre, Kate) (Entered: 12/05/2014)	RECAP
12	Dec. 5, 2014	Memorandum in Support re 11 Joint MOTION for Entry of Consent Briefing Order filed by Harold C. Clarke, Keith W. Davis. (Attachments: # 1 Exhibit Exhibit 1 - Consent Briefing Order)(Dwyre, Kate) (Entered: 12/05/2014)	RECAP
13	Dec. 5, 2014	CONSENT BRIEFING ORDER. Signed by District Judge Leonie M. Brinkema on 12/5/14.(See Order for details). (gwalk, ) (Entered: 12/05/2014)	RECAP
	Dec. 5, 2014	Set Deadlines as to 7 MOTION to Change Venue . Motion Hearing set for 1/30/2015 at 10:00 AM in Alexandria Courtroom 600 before District Judge Leonie M. Brinkema. (clar, )
	Dec. 5, 2014	Motion Hearing set for 1/30/2015 at 10:00 AM in Alexandria Courtroom 600 before District Judge Leonie M. Brinkema as to 7 MOTION to Change Venue. (gwalk, )
14	Dec. 30, 2014	Memorandum in Opposition re 7 MOTION to Change Venue filed by Ricky Gray, Anthony Bernard Juniper, Mark Lawlor, Thomas Porter, Ivan Teleguz. (Glasberg, Victor) (Entered: 12/30/2014)	RECAP
15	Jan. 5, 2015	Reply to 14 Memorandum in Opposition to Motion to Transfer Venue filed by Harold C. Clarke, Keith W. Davis. (Dwyre, Kate) (Entered: 01/05/2015)	RECAP
16	Jan. 13, 2015	MOTION Surreply in opposition to motion to transfer venue re 14 Memorandum in Opposition, 15 Reply, Set Motion and R&R Deadlines/Hearings by Ricky Gray, Anthony Bernard Juniper, Mark Lawlor, Thomas Porter, Ivan Teleguz. (Attachments: # 1 Exhibit Proposed Surreply)(Glasberg, Victor) (Entered: 01/13/2015)	RECAP
17	Jan. 13, 2015	ORDER granting 16 Motion for leave to file surreply in opposition to motion to transfer venue 6 . Signed by District Judge Leonie M. Brinkema on 1/13/15. (see order for further details). (gwalk, ) (Entered: 01/13/2015)	RECAP
18	Jan. 13, 2015	Reply to 15 Reply Surreply Opposing Transfer of Venue filed by Ricky Gray, Anthony Bernard Juniper, Mark Lawlor, Thomas Porter, Ivan Teleguz. (Glasberg, Victor) (Entered: 01/13/2015)	RECAP
19	Jan. 28, 2015	ORDER denying 7 Motion to Change Venue. Signed by District Judge Leonie M. Brinkema on 01/28/2015. (jlan) (Entered: 01/28/2015)	RECAP
20	Feb. 4, 2015	MOTION to Dismiss by Harold C. Clarke, Keith W. Davis. (Dwyre, Kate) (Entered: 02/04/2015)	RECAP
21	Feb. 4, 2015	Memorandum in Support re 20 MOTION to Dismiss filed by Harold C. Clarke, Keith W. Davis. (Dwyre, Kate) (Entered: 02/04/2015)	RECAP
22	Feb. 5, 2015	Notice of Hearing Date re 20 MOTION to Dismiss (Dwyre, Kate) (Entered: 02/05/2015)	RECAP
	Feb. 6, 2015	Set Deadlines as to 20 MOTION to Dismiss . Motion Hearing set for 4/3/2015 at 10:00 AM in Alexandria Courtroom 600 before District Judge Leonie M. Brinkema. (clar, )
23	Feb. 24, 2015	NOTICE by Harold C. Clarke, Keith W. Davis (Joint) of Waiver of Oral Argument on Motion for Entry of Consent Briefing Order (Dwyre, Kate) (Entered: 02/24/2015)	RECAP
24	Feb. 24, 2015	Joint MOTION for Entry of Consent Briefing Order by Harold C. Clarke, Keith W. Davis. (Dwyre, Kate) (Entered: 02/24/2015)	RECAP
25	Feb. 24, 2015	Memorandum in Support re 24 Joint MOTION for Entry of Consent Briefing Order filed by Harold C. Clarke, Keith W. Davis. (Attachments: # 1 Exhibit 1 - Consent Briefing Order)(Dwyre, Kate) (Entered: 02/24/2015)	RECAP
26	Feb. 24, 2015	Notice of Hearing Date Amended re 20 MOTION to Dismiss (Dwyre, Kate) (Entered: 02/24/2015)	RECAP
27	Feb. 24, 2015	Consent Briefing Order 24 Joint MOTION for Entry of Consent Briefing Order (See order for details). Signed by District Judge Leonie M. Brinkema on 02/24/2015. (jlan) (Entered: 02/25/2015)	RECAP
	Feb. 25, 2015	Reset Deadlines as to 20 MOTION to Dismiss . Motion Hearing set for 4/17/2015 at 10:00 AM in Alexandria Courtroom 600 before District Judge Leonie M. Brinkema. (clar, )
28	March 2, 2015	Consent MOTION for Extension of Time to File Response/Reply as to 20 MOTION to Dismiss by Ricky Gray, Anthony Bernard Juniper, Mark Lawlor, Thomas Porter, Ivan Teleguz. (Attachments: # 1 Proposed Order)(Glasberg, Victor) (Entered: 03/02/2015)	RECAP
29	March 2, 2015	ORDER granting 28 Motion for Extension of Time to File Response/Reply re 20 MOTION to Dismiss . Responses due by 3/20/2015; Replies due by 4/3/2015.Signed by District Judge Leonie M. Brinkema on 3/2/2015. (rban, ) (Entered: 03/03/2015)	RECAP
30	March 19, 2015	STIPULATION of Dismissal Pursuant to F.R.C.P. 41(a)(1)(A)(ii) by Harold C. Clarke, Keith W. Davis. (Dwyre, Kate) (Entered: 03/19/2015)	RECAP
31	March 19, 2015	So Ordered in re 30 Stipulation of Dismissal filed by Harold C. Clarke, Keith W. Davis. Signed by District Judge Leonie M. Brinkema on 03/19/2015. (jlan) (Entered: 03/20/2015)	RECAP
32	March 20, 2015	Opposition PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION TO DISMISS filed by Ricky Gray, Anthony Bernard Juniper, Mark Lawlor, Thomas Porter, Ivan Teleguz. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 6, # 7 Exhibit Exhibit 7)(Glasberg, Victor) (Entered: 03/20/2015)	RECAP
33	March 20, 2015	NOTICE by Ricky Gray, Anthony Bernard Juniper, Mark Lawlor, Thomas Porter, Ivan Teleguz re 32 Opposition, Praecipe (Declaration of Victor M. Glasberg Submitted) (Attachments: # 1 Exhibit Declaration of Victor M. Glasberg)(Glasberg, Victor) (Entered: 03/20/2015)	RECAP
	March 31, 2015	Set Deadline as to 20 MOTION to Dismiss. Motion Hearing set for 4/17/2015 at 10:00 AM in Alexandria Courtroom 600 before District Judge Leonie M. Brinkema. (jlan)
34	April 1, 2015	NOTICE by Ricky Gray, Anthony Bernard Juniper, Mark Lawlor, Thomas Porter, Ivan Teleguz Notice of Dismissal of Plaintiff Ivan Teleguez (Glasberg, Victor) (Entered: 04/01/2015)	RECAP
35	April 3, 2015	Reply to 32 Opposition, filed by Harold C. Clarke, Keith W. Davis. (Dwyre, Kate) (Entered: 04/03/2015)	RECAP
36	April 17, 2015	Motion to appear Pro Hac Vice by Yuri Fuchs and Certification of Local Counsel Victor M. Glasberg Filing fee $ 75, receipt number 0422-4413891. by Ricky Gray, Anthony Bernard Juniper, Mark Lawlor, Thomas Porter, Ivan Teleguz. (Glasberg, Victor) (Entered: 04/17/2015)	RECAP
37	April 17, 2015	Motion to appear Pro Hac Vice by Elizabeth Catherine Lockwood and Certification of Local Counsel Victor M. Glasberg Filing fee $ 75, receipt number 0422-4413904. by Ricky Gray, Anthony Bernard Juniper, Mark Lawlor, Thomas Porter, Ivan Teleguz. (Glasberg, Victor) (Entered: 04/17/2015)	RECAP
38	April 17, 2015	Motion to appear Pro Hac Vice by Kathryn Linde Marshall and Certification of Local Counsel Victor M. Glasberg Filing fee $ 75, receipt number 0422-4413914. by Ricky Gray, Anthony Bernard Juniper, Mark Lawlor, Thomas Porter, Ivan Teleguz. (Glasberg, Victor) (Entered: 04/17/2015)	RECAP
39	April 17, 2015	Motion to appear Pro Hac Vice by Ryan Joseph Stephenson and Certification of Local Counsel Victor M. Glasberg Filing fee $ 75, receipt number 0422-4413923. by Ricky Gray, Anthony Bernard Juniper, Mark Lawlor, Thomas Porter, Ivan Teleguz. (Glasberg, Victor) (Entered: 04/17/2015)	RECAP
40	April 17, 2015	Minute Entry for proceedings held before District Judge Leonie M. Brinkema:Motion Hearing held on 4/17/2015. Appearances of counsel. Defts' 20 MOTION to Dismiss is argued and DENIED.(order to follow) (Court Reporter A. Thomson.)(yguy) (Entered: 04/17/2015)	RECAP
41	April 17, 2015	ORDER: For the reasons stated in open court, it is hereby ORDERED that defendants' Motion to Dismiss [Dkt. No. 20] be and is DENIED. Signed by District Judge Leonie M. Brinkema on 4/17/15. (yguy) (Entered: 04/17/2015)	RECAP
42	April 17, 2015	SCHEDULING ORDER: Initial Pretrial Conference set for 5/6/2015 at 11:00 AM in Alexandria Courtroom 301 before Magistrate Judge Ivan D. Davis. Final Pretrial Conference set for 9/17/2015 at 10:00 AM in Alexandria Courtroom 600 before District Judge Leonie M. Brinkema. Discovery due by 9/11/2015. Signed by District Judge Leonie M. Brinkema on 4/17/15. (Attachments: # 1 Mag.Consent, # 2 Pretrial Notice)(yguy) (Entered: 04/20/2015)	RECAP
43	April 21, 2015	ORDER granting 36 Motion to appear Pro Hac Vice by Yuri Fuchs and Certification of Local Counsel Victor M. Glasberg. Signed by District Judge Leonie M. Brinkema on 04/21/2014. (jlan) (Entered: 04/21/2015)	RECAP
44	April 21, 2015	ORDER granting 37 Motion to appear Pro Hac Vice by Elizabeth Catherine Lockwood and Certification of Local Counsel Victor M. Glasberg. Signed by District Judge Leonie M. Brinkema on 04/21/2014. (jlan) (Entered: 04/21/2015)	RECAP
45	April 21, 2015	ORDER granting 38 Motion to appear Pro Hac Vice by Kathryn Linde Marshall and Certification of Local Counsel Victor M. Glasberg. Signed by District Judge Leonie M. Brinkema on 04/21/2014. (jlan) (Entered: 04/21/2015)	RECAP
46	April 21, 2015	ORDER granting 39 Motion to appear Pro Hac Vice by Ryan Joseph Stephenson and Certification of Local Counsel Victor M. Glasberg. Signed by District Judge Leonie M. Brinkema on 04/21/2014. (jlan) (Entered: 04/21/2015)	RECAP
47	April 21, 2015	TRANSCRIPT of proceedings held on 4/17/2015, before Judge Leonie M. Brinkema, Court Reporter Anneliese Thomson, Telephone number 703-299-8595. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 5/21/2015. Redacted Transcript Deadline set for 6/22/2015. Release of Transcript Restriction set for 7/20/2015.(thomson, anneliese) (Entered: 04/21/2015)	RECAP
48	April 29, 2015	Proposed Consent Discovery Plan by Harold C. Clarke, Keith W. Davis.(Dwyre, Kate) (Entered: 04/29/2015)	RECAP
49	May 5, 2015	ANSWER to Complaint by Harold C. Clarke, Keith W. Davis.(Dwyre, Kate) (Entered: 05/05/2015)	RECAP
50	May 6, 2015	Minute Entry for proceedings held before Magistrate Judge Ivan D. Davis:Initial Pretrial Conference held on 5/6/2015. Appearance of counsel. Joint Discovery Plan approved as amended. Joint plan to be filed by close of business on 5/8/15. Order to follow. (jwil, ) (Entered: 05/06/2015)	RECAP
51	May 6, 2015	Amended Proposed Discovery Plan by Harold C. Clarke, Keith W. Davis.(Dwyre, Kate) (Entered: 05/06/2015)	RECAP
52	May 7, 2015	Order Rule 16(b) Scheduling Order - Pursuant to the Rule 16(b) Conference it is ordered that 1. All discovery shall be concluded by September 11, 2015.2. Disclosures under Fed. R. Civ. P. 26(a)(1) and (2), notices of depositions,interrogatories, requests for documents and admissions, and answers thereto shall not be filed except on order of the court, or for use in a motion or at trial. 3. The Amended Proposed Consent Discovery Plan filed by the parties is approved and shall control discovery to the extent of its application unless further modified by the Court. See Order for details. Signed by Magistrate Judge Ivan D. Davis on 05/07/2015. (jwil, ) (Entered: 05/07/2015)	RECAP
53	May 20, 2015	CERTIFICATE of Service Plaintiffs' Rule 26(A)(1) Initial Disclosures by Victor Michael Glasberg on behalf of Ricky Gray, Anthony Bernard Juniper, Mark Lawlor, Thomas Porter, Ivan Teleguz (Glasberg, Victor) (Entered: 05/20/2015)	RECAP
54	June 5, 2015	MOTION Motion For Entry of Consent Order and Waiver of Hearing by Ricky Gray, Anthony Bernard Juniper, Mark Lawlor, Thomas Porter, Ivan Teleguz. (Attachments: # 1 Proposed Order Proposed Consent Order)(Glasberg, Victor) (Entered: 06/05/2015)	RECAP
55	June 5, 2015	Waiver of Waiver of Hearing of Motion for Entry of Consent Order by Ricky Gray, Anthony Bernard Juniper, Mark Lawlor, Thomas Porter, Ivan Teleguz (Glasberg, Victor) (Entered: 06/05/2015)	RECAP
56	June 8, 2015	ORDER granting 54 Motion For Entry of Consent Order. Signed by Magistrate Judge Ivan D. Davis on 06/08/2015. (jlan) (Entered: 06/09/2015)	RECAP
	June 8, 2015	Notice of Correction: the original consent order needs to be filed with the clerks office in re 54 Motion For Entry of Consent Order and Waiver of Hearing. (jlan)
57	June 12, 2015	CERTIFICATE of Service Objections to Defendants' Initial Request For Discovery by Victor Michael Glasberg on behalf of Ricky Gray, Anthony Bernard Juniper, Mark Lawlor, Thomas Porter, Ivan Teleguz (Glasberg, Victor) (Entered: 06/12/2015)	RECAP
58	June 29, 2015	Certificate Regarding Discovery by Ricky Gray, Anthony Bernard Juniper, Mark Lawlor, Thomas Porter.(Glasberg, Victor) (Entered: 06/29/2015)	RECAP
59	July 2, 2015	MOTION for Judicial Viewing by Ricky Gray, Anthony Bernard Juniper, Mark Lawlor, Thomas Porter. (Glasberg, Victor) (Entered: 07/02/2015)	RECAP
60	July 2, 2015	Memorandum in Support re 59 MOTION for Judicial Viewing filed by Ricky Gray, Anthony Bernard Juniper, Mark Lawlor, Thomas Porter. (Attachments: # 1 Exhibit Raemiscxh article)(Glasberg, Victor) (Entered: 07/02/2015)	RECAP
61	July 2, 2015	Notice of Hearing Date July 10, 2015 re 59 MOTION for Judicial Viewing (Glasberg, Victor) (Entered: 07/02/2015)	RECAP
62	July 6, 2015	Response to 59 MOTION for Judicial Viewing filed by Harold C. Clarke. (O'Shea, Margaret) (Entered: 07/06/2015)	RECAP
63	July 6, 2015	ORDERED that 59 the Motion for Judicial Viewing will be resolved through a telephone conference on the record at 9:30 a.m. on Wednesday, July 8, 2015. Signed by District Judge Leonie M. Brinkema on 07/06/2015. (dvanm, ) (Entered: 07/06/2015)	RECAP
	July 6, 2015	Set Deadlines as to 59 MOTION for Judicial Viewing . Motion Hearing set for 7/10/2015 at 10:00 AM in Alexandria Courtroom 600 before District Judge Leonie M. Brinkema. (clar, )
64	July 7, 2015	Motion to appear Pro Hac Vice by Parker Davidson Thomson and Certification of Local Counsel Victor M. Glasberg Filing fee $ 75, receipt number 0422-4531616. by Ricky Gray, Anthony Bernard Juniper, Mark Lawlor, Thomas Porter, Ivan Teleguz. (Glasberg, Victor) (Entered: 07/07/2015)	RECAP
65	July 7, 2015	CERTIFICATE of Service Plaintiffs' Supplemental Disclosures by Victor Michael Glasberg on behalf of Ricky Gray, Anthony Bernard Juniper, Mark Lawlor, Thomas Porter, Ivan Teleguz (Glasberg, Victor) (Entered: 07/07/2015)	RECAP
66	July 8, 2015	ORDERED that the 59 Motion for Judicial Viewing be and is TAKEN UNDER ADVISEMENT. Signed by District Judge Leonie M. Brinkema on 07/08/2015. (jlan) (Entered: 07/08/2015)	RECAP
67	July 8, 2015	ORDER granting 64 Motion for Pro hac vice. Signed by District Judge Leonie M. Brinkema on 7/8/15. (gwalk, ) (Entered: 07/08/2015)	RECAP
68	July 9, 2015	MOTION Entry of Consent Order by Ricky Gray, Anthony Bernard Juniper, Mark Lawlor, Thomas Porter. (Attachments: # 1 Proposed Order)(Glasberg, Victor) (Entered: 07/09/2015)	RECAP
69	July 10, 2015	CONSENT ORDER. Signed by District Judge Leonie M. Brinkema on 7/10/15. (See Order for details). (gwalk, ) (Entered: 07/10/2015)	RECAP
70	July 17, 2015	TRANSCRIPT of proceedings held on 7/8/2015, before Judge Leonie M. Brinkema, Court Reporter Anneliese Thomson, Telephone number 703-299-8595. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 8/17/2015. Redacted Transcript Deadline set for 9/16/2015. Release of Transcript Restriction set for 10/15/2015.(thomson, anneliese) (Entered: 07/17/2015)	RECAP
71	July 24, 2015	MOTION for Discovery Rule 35 Independent Mental Examination of Plaintiffs by Harold C. Clarke, Keith W. Davis. (O'Shea, Margaret) (Entered: 07/24/2015)	RECAP
72	July 24, 2015	Memorandum in Support re 71 MOTION for Discovery Rule 35 Independent Mental Examination of Plaintiffs filed by Harold C. Clarke, Keith W. Davis. (Attachments: # 1 Exhibit Declaration of Dr. Saathoff)(O'Shea, Margaret) (Entered: 07/24/2015)	RECAP
73	July 24, 2015	Notice of Hearing Date re 71 MOTION for Discovery Rule 35 Independent Mental Examination of Plaintiffs (O'Shea, Margaret) (Entered: 07/24/2015)	RECAP
74	July 28, 2015	Joint MOTION for Entry of Consent Order by Harold C. Clarke, Keith W. Davis. (Dwyre, Kate) (Entered: 07/28/2015)	RECAP
75	July 28, 2015	Memorandum in Support re 74 Joint MOTION for Entry of Consent Order filed by Harold C. Clarke, Keith W. Davis. (Attachments: # 1 Exhibit 1 -Consent Order)(Dwyre, Kate) (Entered: 07/28/2015)	RECAP
76	July 28, 2015	Waiver of Oral Argument 74 Joint MOTION for Entry of Consent Order by Harold C. Clarke, Keith W. Davis (Dwyre, Kate) Text Modified on 7/29/2015 To Reflect Correct Event Choice & Linkage(nhall). (Entered: 07/28/2015)	RECAP
	July 28, 2015	Set Deadlines as to 71 MOTION for Discovery Rule 35 Independent Mental Examination of Plaintiffs. Motion Hearing set for 7/31/2015 at 10:00 AM in Alexandria Courtroom 600 before District Judge Leonie M. Brinkema. (clar, )
77	July 30, 2015	Joint MOTION For Entry of Consent Order by Harold C. Clarke, Keith W. Davis. (Dwyre, Kate) (Entered: 07/30/2015)	RECAP
78	July 30, 2015	Memorandum in Support re 77 Joint MOTION For Entry of Consent Order filed by Harold C. Clarke, Keith W. Davis. (Attachments: # 1 Exhibit 1 - Consent Order)(Dwyre, Kate) (Entered: 07/30/2015)	RECAP
79	July 30, 2015	Waiver of re 77 Joint MOTION For Entry of Consent Order by Harold C. Clarke, Keith W. Davis (Dwyre, Kate) (Entered: 07/30/2015)	RECAP
80	July 30, 2015	Withdrawal of Motion by Harold C. Clarke, Keith W. Davis re 71 MOTION for Discovery Rule 35 Independent Mental Examination of Plaintiffs (Dwyre, Kate) (Entered: 07/30/2015)	RECAP
81	July 30, 2015	ORDER granting 77 Joint Motion For Entry of Consent Order (See order for details). Signed by District Judge Leonie M. Brinkema on 07/30/2015. (jlan) (Entered: 07/30/2015)	RECAP
83	July 30, 2015	ORDER in re 59 Motion for Judicial Viewing (see order for details). Signed by District Judge Leonie M. Brinkema on 07/30/2015. (jlan) (Entered: 07/31/2015)	RECAP
82	July 31, 2015	CERTIFICATE of Service Notice of 30(b)(6) Deposition by Victor Michael Glasberg on behalf of Ricky Gray, Anthony Bernard Juniper, Mark Lawlor, Thomas Porter, Ivan Teleguz (Glasberg, Victor) (Entered: 07/31/2015)	RECAP
84	Aug. 10, 2015	MOTION to Stay and to Refer Remaining Issues to Mediation by Harold C. Clarke, Keith W. Davis. (O'Shea, Margaret) (Entered: 08/10/2015)	RECAP
85	Aug. 10, 2015	Memorandum in Support re 84 MOTION to Stay and to Refer Remaining Issues to Mediation filed by Harold C. Clarke, Keith W. Davis. (Attachments: # 1 Exhibit 1 - Affidavit of Harold Clarke)(O'Shea, Margaret) (Entered: 08/10/2015)	RECAP
86	Aug. 10, 2015	Notice of Hearing Date set for August 21, 2015 @ 10:00 a.m. re 84 MOTION to Stay and to Refer Remaining Issues to Mediation (O'Shea, Margaret) (Entered: 08/10/2015)	RECAP
87	Aug. 10, 2015	RESPONSE to Motion re 84 MOTION to Stay and to Refer Remaining Issues to Mediation filed by Ricky Gray, Anthony Bernard Juniper, Mark Lawlor, Thomas Porter. (Glasberg, Victor) (Entered: 08/10/2015)	RECAP
	Aug. 10, 2015	Set Deadlines as to 84 MOTION to Stay and to Refer Remaining Issues to Mediation. Motion Hearing set for 8/21/2015 at 10:00 AM in Alexandria Courtroom 600 before District Judge Leonie M. Brinkema. (clar, )
88	Aug. 12, 2015	ORDER granting 84 Motion to Stay. it is herebyORDERED that, with the exception of expert disclosures which must remain asscheduled, all activity and deadlines in this litigation be and are STAYED for 90 days during which the parties are directed to evaluate whether defendants' changes to plaintiffs' conditions of confinement are sufficient to resolve this litigation. If the parties do not agree, they must immediately schedule a mediation session with Judge Buchanan to try to resolve their differences. Signed by District Judge Leonie M. Brinkema on 8/12/2015. (see Order for details) (dvanm, ) (Entered: 08/12/2015)	RECAP
89	Aug. 14, 2015	MOTION to Extend Deadline for Serving Expert Witness Reports (Unopposed) by Harold C. Clarke, Keith W. Davis. (Dwyre, Kate) (Entered: 08/14/2015)	RECAP
90	Aug. 14, 2015	Memorandum in Support re 89 MOTION to Extend Deadline for Serving Expert Witness Reports (Unopposed) filed by Harold C. Clarke, Keith W. Davis. (Attachments: # 1 Order)(Dwyre, Kate) (Entered: 08/14/2015)	RECAP