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…

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)

Niemeyer, Paul Victor (Maryland)

Traxler, William Byrd Jr. (Virginia)

Wynn, James Andrew Jr. (North Carolina)

Attorneys(s) for Plaintiff

Fogel, Jeffrey E. (Virginia)

Glasberg, Victor Michael (Virginia)

Rosenfield, Steven David (Virginia)

Attorneys(s) for Defendant

Dwyre, Kate Elizabeth (Virginia)

O'Shea, Margaret Hoehl (Virginia)

Judge(s)

Brinkema, Leonie M. (Virginia)

Niemeyer, Paul Victor (Maryland)

Traxler, William Byrd Jr. (Virginia)

Wynn, James Andrew Jr. (North Carolina)

Attorneys(s) for Plaintiff

Fogel, Jeffrey E. (Virginia)

Glasberg, Victor Michael (Virginia)

Rosenfield, Steven David (Virginia)

Attorneys(s) for Defendant

Dwyre, Kate Elizabeth (Virginia)

O'Shea, Margaret Hoehl (Virginia)

Documents in the Clearinghouse

Document

Docket [PACER]

May 17, 2019 Docket
1

Complaint

Nov. 20, 2014 Complaint
166

Memorandum Opinion

2016 WL 3766301

July 8, 2016 Order/Opinion

Opinion [Reversing and Remanding Decision]

Porter and Teleguz v. Clarke

U. S. Court of Appeals for the Fourth Circuit

Jan. 25, 2017 Order/Opinion
220

Memorandum Opinion

Feb. 21, 2018 Order/Opinion
240

Published Amended Opinion of USCA

U. S. Court of Appeals for the Fourth Circuit

923 F.3d 348

May 6, 2019 Order/Opinion

Docket

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

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

ECF Number Description Date Link
1

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

Nov. 20, 2014 RECAP
2

Summons Issued to be served by SPS as to Harold C. Clarke, Keith W. Davis. (jlan) (Entered: 11/21/2014)

Nov. 20, 2014 PACER
3

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, ).

Nov. 24, 2014 PACER
4

NOTICE of Appearance by Steven David Rosenfield on behalf of Thomas Porter (Rosenfield, Steven)

Nov. 24, 2014 PACER
5

NOTICE of Appearance by Kate Elizabeth Dwyre on behalf of Harold C. Clarke, Keith W. Davis (Dwyre, Kate)

Dec. 3, 2014 PACER
6

NOTICE of Appearance by Margaret Hoehl O'Shea on behalf of Harold C. Clarke, Keith W. Davis (O'Shea, Margaret)

Dec. 3, 2014 PACER
7

MOTION to Change Venue by Harold C. Clarke, Keith W. Davis. (Dwyre, Kate)

Dec. 3, 2014 PACER
8

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)

Dec. 3, 2014 PACER

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)

Dec. 4, 2014 PACER
9

Notice of Hearing Date re [7] MOTION to Change Venue (Dwyre, Kate)

Dec. 4, 2014 PACER

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, )

Dec. 5, 2014 PACER
10

NOTICE by Harold C. Clarke, Keith W. Davis of joint Waiver of Oral Argument (Dwyre, Kate)

Dec. 5, 2014 PACER
11

Joint MOTION for Entry of Consent Briefing Order by Harold C. Clarke, Keith W. Davis. (Dwyre, Kate)

Dec. 5, 2014 PACER
12

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)

Dec. 5, 2014 PACER
13

CONSENT BRIEFING ORDER. Signed by District Judge Leonie M. Brinkema on 12/5/14.(See Order for details). (gwalk, )

Dec. 5, 2014 PACER
14

Memorandum in Opposition re [7] MOTION to Change Venue filed by Ricky Gray, Anthony Bernard Juniper, Mark Lawlor, Thomas Porter, Ivan Teleguz. (Glasberg, Victor)

Dec. 30, 2014 PACER
15

Reply to [14] Memorandum in Opposition to Motion to Transfer Venue filed by Harold C. Clarke, Keith W. Davis. (Dwyre, Kate)

Jan. 5, 2015 PACER
16

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)

Jan. 13, 2015 PACER
17

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, )

Jan. 13, 2015 PACER
18

Reply to [15] Reply Surreply Opposing Transfer of Venue filed by Ricky Gray, Anthony Bernard Juniper, Mark Lawlor, Thomas Porter, Ivan Teleguz. (Glasberg, Victor)

Jan. 13, 2015 PACER
19

ORDER denying [7] Motion to Change Venue. Signed by District Judge Leonie M. Brinkema on 01/28/2015. (jlan)

Jan. 28, 2015 PACER
20

MOTION to Dismiss by Harold C. Clarke, Keith W. Davis. (Dwyre, Kate)

Feb. 4, 2015 PACER
21

Memorandum in Support re [20] MOTION to Dismiss filed by Harold C. Clarke, Keith W. Davis. (Dwyre, Kate)

Feb. 4, 2015 PACER
22

Notice of Hearing Date re [20] MOTION to Dismiss (Dwyre, Kate)

Feb. 5, 2015 PACER

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, )

Feb. 6, 2015 PACER
23

NOTICE by Harold C. Clarke, Keith W. Davis (Joint) of Waiver of Oral Argument on Motion for Entry of Consent Briefing Order (Dwyre, Kate)

Feb. 24, 2015 PACER
24

Joint MOTION for Entry of Consent Briefing Order by Harold C. Clarke, Keith W. Davis. (Dwyre, Kate)

Feb. 24, 2015 PACER
25

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)

Feb. 24, 2015 PACER
26

Notice of Hearing Date Amended re [20] MOTION to Dismiss (Dwyre, Kate)

Feb. 24, 2015 PACER
27

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)

Feb. 24, 2015 PACER

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, )

Feb. 25, 2015 PACER
28

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)

March 2, 2015 PACER
29

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, )

March 2, 2015 PACER
30

STIPULATION of Dismissal Pursuant to F.R.C.P. 41(a)(1)(A)(ii) by Harold C. Clarke, Keith W. Davis. (Dwyre, Kate)

March 19, 2015 PACER
31

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)

March 19, 2015 PACER
32

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)

March 20, 2015 PACER
33

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)

March 20, 2015 PACER

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)

March 31, 2015 PACER
34

NOTICE by Ricky Gray, Anthony Bernard Juniper, Mark Lawlor, Thomas Porter, Ivan Teleguz Notice of Dismissal of Plaintiff Ivan Teleguez (Glasberg, Victor)

April 1, 2015 PACER
35

Reply to [32] Opposition, filed by Harold C. Clarke, Keith W. Davis. (Dwyre, Kate)

April 3, 2015 PACER
36

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)

April 17, 2015 PACER
37

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)

April 17, 2015 PACER
38

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)

April 17, 2015 PACER
39

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)

April 17, 2015 PACER
40

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)

April 17, 2015 PACER
41

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)

April 17, 2015 PACER
42

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)

April 17, 2015 PACER
43

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)

April 21, 2015 PACER
44

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)

April 21, 2015 PACER
45

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)

April 21, 2015 PACER
46

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)

April 21, 2015 PACER
47

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)

April 21, 2015 PACER
48

Proposed Consent Discovery Plan by Harold C. Clarke, Keith W. Davis.(Dwyre, Kate)

April 29, 2015 PACER
49

ANSWER to Complaint by Harold C. Clarke, Keith W. Davis.(Dwyre, Kate)

May 5, 2015 PACER
50

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, )

May 6, 2015 PACER
51

Amended Proposed Discovery Plan by Harold C. Clarke, Keith W. Davis.(Dwyre, Kate)

May 6, 2015 PACER
52

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, )

May 7, 2015 PACER
53

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)

May 20, 2015 PACER
54

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)

June 5, 2015 PACER
55

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)

June 5, 2015 PACER

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)

June 8, 2015 PACER
56

ORDER granting [54] Motion For Entry of Consent Order. Signed by Magistrate Judge Ivan D. Davis on 06/08/2015. (jlan)

June 8, 2015 PACER
57

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)

June 12, 2015 PACER
58

Certificate Regarding Discovery by Ricky Gray, Anthony Bernard Juniper, Mark Lawlor, Thomas Porter.(Glasberg, Victor)

June 29, 2015 PACER
59

MOTION for Judicial Viewing by Ricky Gray, Anthony Bernard Juniper, Mark Lawlor, Thomas Porter. (Glasberg, Victor)

July 2, 2015 PACER
60

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)

July 2, 2015 PACER
61

Notice of Hearing Date July 10, 2015 re [59] MOTION for Judicial Viewing (Glasberg, Victor)

July 2, 2015 PACER

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, )

July 6, 2015 PACER
62

Response to [59] MOTION for Judicial Viewing filed by Harold C. Clarke. (O'Shea, Margaret)

July 6, 2015 PACER
63

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, )

July 6, 2015 PACER
64

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)

July 7, 2015 PACER
65

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)

July 7, 2015 PACER
66

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)

July 8, 2015 PACER
67

ORDER granting [64] Motion for Pro hac vice. Signed by District Judge Leonie M. Brinkema on 7/8/15. (gwalk, )

July 8, 2015 PACER
68

MOTION Entry of Consent Order by Ricky Gray, Anthony Bernard Juniper, Mark Lawlor, Thomas Porter. (Attachments: # (1) Proposed Order)(Glasberg, Victor)

July 9, 2015 PACER
69

CONSENT ORDER. Signed by District Judge Leonie M. Brinkema on 7/10/15. (See Order for details). (gwalk, )

July 10, 2015 PACER
70

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)

July 17, 2015 PACER
71

MOTION for Discovery Rule 35 Independent Mental Examination of Plaintiffs by Harold C. Clarke, Keith W. Davis. (O'Shea, Margaret)

July 24, 2015 PACER
72

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)

July 24, 2015 PACER
73

Notice of Hearing Date re [71] MOTION for Discovery Rule 35 Independent Mental Examination of Plaintiffs (O'Shea, Margaret)

July 24, 2015 PACER

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, )

July 28, 2015 PACER
74

Joint MOTION for Entry of Consent Order by Harold C. Clarke, Keith W. Davis. (Dwyre, Kate)

July 28, 2015 PACER
75

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)

July 28, 2015 PACER
76

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).

July 28, 2015 PACER
77

Joint MOTION For Entry of Consent Order by Harold C. Clarke, Keith W. Davis. (Dwyre, Kate)

July 30, 2015 PACER
78

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)

July 30, 2015 PACER
79

Waiver of re [77] Joint MOTION For Entry of Consent Order by Harold C. Clarke, Keith W. Davis (Dwyre, Kate)

July 30, 2015 PACER
80

Withdrawal of Motion by Harold C. Clarke, Keith W. Davis re [71] MOTION for Discovery Rule 35 Independent Mental Examination of Plaintiffs (Dwyre, Kate)

July 30, 2015 PACER
81

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)

July 30, 2015 PACER
83

ORDER in re [59] Motion for Judicial Viewing (see order for details). Signed by District Judge Leonie M. Brinkema on 07/30/2015. (jlan)

July 30, 2015 PACER
82

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)

July 31, 2015 PACER

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, )

Aug. 10, 2015 PACER
84

MOTION to Stay and to Refer Remaining Issues to Mediation by Harold C. Clarke, Keith W. Davis. (O'Shea, Margaret)

Aug. 10, 2015 PACER
85

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)

Aug. 10, 2015 PACER
86

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)

Aug. 10, 2015 PACER
87

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)

Aug. 10, 2015 PACER
88

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, )

Aug. 12, 2015 PACER
89

MOTION to Extend Deadline for Serving Expert Witness Reports (Unopposed) by Harold C. Clarke, Keith W. Davis. (Dwyre, Kate)

Aug. 14, 2015 PACER
90

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)

Aug. 14, 2015 PACER
91

Waiver of re [89] MOTION to Extend Deadline for Serving Expert Witness Reports (Unopposed) by Harold C. Clarke, Keith W. Davis (Dwyre, Kate)

Aug. 14, 2015 PACER

State / Territory: Virginia

Case Type(s):

Prison Conditions

Special Collection(s):

Solitary confinement

Key Dates

Filing Date: Nov. 20, 2014

Closing Date: May 6, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Five individuals currently on Virginia's Death Row located in Sussex I State Prison in Waverley, Virginia.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Virginia, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 2018 - 2020

Issues

General:

Administrative segregation

Classification / placement

Conditions of confinement

Solitary confinement/Supermax (conditions or process)

Totality of conditions

Type of Facility:

Government-run