Case: Community Legal Aid Society, Inc. v. Coupe

1:15-cv-00688 | U.S. District Court for the District of Delaware

Filed Date: Aug. 6, 2015

Case Ongoing

Clearinghouse coding complete

Case Summary

On August 6, 2015, Delaware's Community Legal Aid Society filed this lawsuit in the U.S. District Court for the District of Delaware. The plaintiffs sued the Delaware Department of Correction under 42 U.S.C. § 1983, the Protection and Advocacy for Individuals with Mental Illness (PAIMI) Act (42 U.S.C. § 10801), and the Declaratory Judgment Act (28 U.S.C. § 2201). Represented by the ACLU and private counsel, the plaintiff sought declaratory, injunctive, and monetary relief. The plaintiff claimed…

On August 6, 2015, Delaware's Community Legal Aid Society filed this lawsuit in the U.S. District Court for the District of Delaware. The plaintiffs sued the Delaware Department of Correction under 42 U.S.C. § 1983, the Protection and Advocacy for Individuals with Mental Illness (PAIMI) Act (42 U.S.C. § 10801), and the Declaratory Judgment Act (28 U.S.C. § 2201). Represented by the ACLU and private counsel, the plaintiff sought declaratory, injunctive, and monetary relief. The plaintiff claimed constitutionally inadequate treatment, housing, and care of mentally ill prisoners in solitary confinement.

Specifically, the plaintiff claimed that the state was confining prisoners with mental illness in solitary confinement without providing proper medical and mental health treatment for serious medical and mental health needs and without allowing adequate out-of-cell time. The complaint alleged that the defendants failed to promptly acknowledge or provide the minimum appropriate care for mentally-ill prisoners, and instead exacerbated their illnesses.

On March 16, 2016, Judge Gregory M. Sleet denied defendant's motion to dismiss, except for for claims brought under the Delaware state constitution. 2016 WL 1055741.

The parties engaged in settlement discussions and mediation. On August 31, 2016, the plaintiff submitted a proposed agreement and order. On September 1, 2016, Judge Sleet issued an order approving the agreement.

The agreement included specific actions and policies for improving mental health care for the incarcerated population, improving conditions of confinement and other aspects of restrictive housing, and reducing the length of disciplinary sanctions and the use of other forms of restrictive housing. The specific actions include adopting a definition of serious mental illness, creating a mechanism to identify and record prisoners as mentally ill and review their required level of care, adhering to a policy requiring that care be provided in accordance with treatment plans, creating a special needs unit, providing training to security staff for working with mentally ill patients, implementing policies for offering prisoners five hours of unstructured recreation per week and increasing out-of-cell-time, among others. The defendant agreed to pay the attorneys' fees. Unless otherwise agreed by the parties with approval of the court, the agreement and order was scheduled to terminate after five years.

A prisoner housed in solitary confinement during the litigation and agreement subsequently filed letters to Judge Sleet (January 30, 2017, February 10 and 14, 2017), motions for preliminary injunction (February 7 and 10, 2017), and a motion for a writ of mandamus (February 8, 2017). On February 13, 2017, Judge Sleet dismissed the motions and letters because the prisoner filing them was not a party to the case, and because the case was closed.

On May 28, 2019, a notice of violation of the agreement order was filed and sent to Judge Sleet. A motion for contempt was filed by Leroy Shelley, who was incarcerated at the James T. Vaughn Correctional Center, on April 9, 2020, and the case was reassigned to Judge Colm Connolly on April 15.

On February 5, 2021, Judge Connolly denied the motion for contempt and placed Shelley on notice that his future filings in this case would be docketed and not considered, for three reasons: 1) He was not a party to this case; 2) the provisions of enforcement didn’t contemplate enforcement by an inmate or non-party; and 3) the case had closed on September 9, 2016.

The agreement remains ongoing.

Summary Authors

Lakshmi Gopal (5/14/2016)

Julie Singer (3/5/2017)

John Duffield (8/6/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5135086/parties/community-legal-aid-society-inc-v-coupe/


Judge(s)

Connolly, Colm Felix (Delaware)

Attorney for Plaintiff

Atkins, Daniel Gary (Delaware)

Chuff, Christopher Brian (Delaware)

Cline, Joanna J. (Delaware)

Attorney for Defendant
Expert/Monitor/Master/Other

Desmond, Christopher (Delaware)

show all people

Documents in the Clearinghouse

Document

1:15-cv-00688

Docket [PACER]

Aug. 4, 2021

Aug. 4, 2021

Docket
1

1:15-cv-00688

Complaint

Aug. 6, 2015

Aug. 6, 2015

Complaint
30

1:15-cv-00688

Memorandum and Order

March 16, 2016

March 16, 2016

Order/Opinion

2016 WL 1055741

38

1:15-cv-00688

Agreement and Order

Community Legal Aid Society v. Coupe

Aug. 31, 2016

Aug. 31, 2016

Settlement Agreement
63

1:15-cv-00688

Order

Dec. 20, 2017

Dec. 20, 2017

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5135086/community-legal-aid-society-inc-v-coupe/

Last updated April 21, 2025, 10:10 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed against Robert M. Coupe - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-1765841.) - filed by Community Legal Aid Society, Inc.. (Attachments: # 1 Civil Cover Sheet)(sar) (Entered: 08/06/2015)

1 Civil Cover Sheet

View on PACER

Aug. 6, 2015

Aug. 6, 2015

PACER

No Summons Issued

Aug. 6, 2015

Aug. 6, 2015

PACER
2

Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (sar) (Entered: 08/06/2015)

Aug. 6, 2015

Aug. 6, 2015

PACER

No Summons Issued. (sar)

Aug. 6, 2015

Aug. 6, 2015

PACER

Case Assigned/Reassigned

Aug. 12, 2015

Aug. 12, 2015

PACER

Case Assigned to Judge Gregory M. Sleet. Please include the initials of the Judge (GMS) after the case number on all documents filed. (rjb)

Aug. 12, 2015

Aug. 12, 2015

PACER
3

STIPULATION TO EXTEND TIME to Answer, Move, or Otherwise Respond to the Complaint to October 1, 2015 - filed by Community Legal Aid Society, Inc.. (Levine, James Harry) (Entered: 08/13/2015)

Aug. 13, 2015

Aug. 13, 2015

PACER

SO ORDERED

Aug. 13, 2015

Aug. 13, 2015

PACER

~Util - Set/Reset Answer Deadline AND SO ORDERED

Aug. 13, 2015

Aug. 13, 2015

PACER

SO ORDERED, re 3 STIPULATION TO EXTEND TIME to Answer, Move, or Otherwise Respond to the Complaint to October 1, 2015 filed by Community Legal Aid Society, Inc., Set/Reset Answer Deadlines: Robert M. Coupe answer due 10/1/2015. Ordered by Judge Gregory M. Sleet on 8/13/2015. (asw)

Aug. 13, 2015

Aug. 13, 2015

PACER
4

ORDER REGARDING CASE MANAGEMENT IN CIVIL CASES. Signed by Judge Gregory M. Sleet on 8/13/2015. (asw) (Entered: 08/13/2015)

Aug. 13, 2015

Aug. 13, 2015

PACER
5

(Stricken by Oral Order) Joint STATUS REPORT by Community Legal Aid Society, Inc.. (Attachments: # 1 Scheduling Order)(Levine, James Harry) Modified on 9/15/2015 (mdb). (Entered: 09/14/2015)

1 Scheduling Order

View on PACER

Sept. 14, 2015

Sept. 14, 2015

PACER

Oral Order

Sept. 15, 2015

Sept. 15, 2015

PACER

ORAL ORDER - re 5 Joint Status Report: The Joint Status Report is STRICKEN from the record and will not be considered by the Court. The parties shall re-file a Joint Status Report AFTER at least one defendant has responded to the complaint, pursuant to the Case Management Order (DI 4 ). The docket reflects that the sole defendant has not responded to the complaint as of the date of this Order. Ordered by Judge Gregory M. Sleet on 9/15/2015. (mdb)

Sept. 15, 2015

Sept. 15, 2015

PACER
6

MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter, MOTION to Dismiss for Failure to State a Claim - filed by Robert M. Coupe. (Handlon, Joseph) (Entered: 10/01/2015)

Oct. 1, 2015

Oct. 1, 2015

RECAP
7

OPENING BRIEF in Support re 6 MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter MOTION to Dismiss for Failure to State a Claim filed by Robert M. Coupe.Answering Brief/Response due date per Local Rules is 10/19/2015. (Handlon, Joseph) (Entered: 10/01/2015)

Oct. 1, 2015

Oct. 1, 2015

RECAP
8

STIPULATION - Briefing Stipuation on Defendant's Motion to Dismiss re 6 MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter MOTION to Dismiss for Failure to State a Claim by Community Legal Aid Society, Inc.. (Levine, James Harry) (Entered: 10/14/2015)

Oct. 14, 2015

Oct. 14, 2015

PACER

SO ORDERED

Oct. 16, 2015

Oct. 16, 2015

PACER

SO ORDERED - re 8 Stipulation Briefing Schedule. Set Briefing Schedule: re 6 MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter, MOTION to Dismiss for Failure to State a Claim . (Answering Brief due 10/21/2015., Reply Brief due 11/2/2015.). Ordered by Judge Gregory M. Sleet on 10/16/2015. (mdb)

Oct. 16, 2015

Oct. 16, 2015

PACER

~Util - Set Briefing Schedule - open,ans,reply,surreply AND SO ORDERED

Oct. 16, 2015

Oct. 16, 2015

PACER
9

Joint STATUS REPORT by Community Legal Aid Society, Inc.. (Attachments: # 1 Exhibit A)(Levine, James Harry) (Entered: 10/16/2015)

1 Exhibit A

View on PACER

Oct. 16, 2015

Oct. 16, 2015

PACER
10

PROPOSED Scheduling Order by Community Legal Aid Society, Inc.. (Levine, James Harry) Modified on 11/2/2015 (mdb). (Entered: 10/16/2015)

Oct. 16, 2015

Oct. 16, 2015

PACER
11

ANSWERING BRIEF in Opposition re 6 MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter MOTION to Dismiss for Failure to State a Claim filed by Community Legal Aid Society, Inc..Reply Brief due date per Local Rules is 11/2/2015. (Attachments: # 1 Certificate of Service)(Levine, James Harry) (Entered: 10/21/2015)

1 Certificate of Service

View on PACER

Oct. 21, 2015

Oct. 21, 2015

RECAP
12

DECLARATION re 11 Answering Brief in Opposition, /Declaration of Daniel G. Atkins by Community Legal Aid Society, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Certificate of Service)(Levine, James Harry) (Entered: 10/21/2015)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

3 Certificate of Service

View on PACER

Oct. 21, 2015

Oct. 21, 2015

PACER
13

REPLY BRIEF re 6 MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter MOTION to Dismiss for Failure to State a Claim filed by Robert M. Coupe. (Handlon, Joseph) (Entered: 11/02/2015)

Nov. 2, 2015

Nov. 2, 2015

RECAP

CORRECTING ENTRY:

Nov. 2, 2015

Nov. 2, 2015

PACER

- CORRECTING ENTRY

Nov. 2, 2015

Nov. 2, 2015

PACER

CORRECTING ENTRY: The Proposed Scheduling Order (DI 10 ) has been replaced per request from counsel. (mdb)

Nov. 2, 2015

Nov. 2, 2015

PACER
14

NOTICE of Subsequent Authority in Support of Answering Brief in Opposition to Defendant's Motion to Dismiss ( 11 ) by Community Legal Aid Society, Inc. (Attachments: # 1 Exhibit)(Levine, James Harry) Modified on 11/12/2015 (mdb). (Entered: 11/11/2015)

1 Exhibit

View on PACER

Nov. 11, 2015

Nov. 11, 2015

PACER

Oral Order

Nov. 16, 2015

Nov. 16, 2015

PACER

ORAL ORDER re 9 Joint Status Report - The parties' proposed schedule is ADOPTED, with the following additions: The Proposed Final Pretrial Order is due by the close of business on 10/24/2016, the Final Pretrial Conference is set for 12/21/2016 at 10:00 AM via telephone, and a 5-day Bench Trial is set for 1/2/2017 at 9:00 AM in Courtroom 4A. Case is referred to the Magistrate Judge for exploring ADR. The plaintiff shall file an amended proposed scheduling order that includes the additions above by 11/23/2015. Ordered by Judge Gregory M. Sleet on 11/16/2015. (mdb)

Nov. 16, 2015

Nov. 16, 2015

PACER
15

PROPOSED ORDER Scheduling Order by Community Legal Aid Society, Inc.. (Levine, James Harry) (Entered: 11/19/2015)

Nov. 19, 2015

Nov. 19, 2015

PACER

SO ORDERED

Nov. 20, 2015

Nov. 20, 2015

PACER

SO ORDERED - re 15 Proposed Scheduling Order. Case referred to the Magistrate Judge for the purpose of exploring ADR. Joinder of Parties due by 2/29/2016., Amended Pleadings due by 2/29/2016., Discovery due by 6/3/2016., Fact Discovery completed by 4/18/2016., Opening Expert Reports due by 4/18/2016., Rebuttal Expert Reports due by 5/18/2016., Expert Discovery due by 6/3/2016., Dispositive Motions due by 7/22/2016., Proposed Pretrial Order due by 10/24/2016., A Final Pretrial Conference is set for 12/21/2016 at 10:00 AM via telephone., A 5-day Bench Trial is set for 1/2/2017 at 9:00 AM. Ordered by Judge Gregory M. Sleet on 11/20/2015. (mdb)

Nov. 20, 2015

Nov. 20, 2015

PACER

Scheduling Order - General AND SO ORDERED

Nov. 20, 2015

Nov. 20, 2015

PACER

Case Referred to Mediation

Nov. 23, 2015

Nov. 23, 2015

PACER

CASE REFERRED to Judge Thynge for Mediation. (cak)

Nov. 23, 2015

Nov. 23, 2015

PACER

Case Referred to Mediation - Magistrate Judge only

Nov. 23, 2015

Nov. 23, 2015

PACER
16

ORDER Setting Teleconference: Plaintiff's counsel to initiate the call. A Telephone Conference is set for 1/13/2016 at 8:30 AM EASTERN TIME before Judge Mary Pat Thynge to discuss ADR. Signed by Judge Mary Pat Thynge on 11/23/15. (cak) (Entered: 11/23/2015)

Nov. 23, 2015

Nov. 23, 2015

RECAP
17

NOTICE OF SERVICE of Initial Disclosures of Commissioner Robert M. Coupe Pursuant to Fed. R. Civ. P. 26(a)(1) filed by Robert M. Coupe.(Handlon, Joseph) (Entered: 11/24/2015)

Nov. 24, 2015

Nov. 24, 2015

PACER
18

NOTICE OF SERVICE of Plaintiff's Initial Disclosures Pursuant to Federal Rule of Civil Procedure 26(A)(1) filed by Community Legal Aid Society, Inc..(Levine, James Harry) (Entered: 12/01/2015)

Dec. 1, 2015

Dec. 1, 2015

PACER
19

STIPULATION and Confidentiality Order by Community Legal Aid Society, Inc.. (Attachments: # 1 Exhibit A)(Levine, James Harry) Modified on 1/8/2016 (mdb). (Entered: 01/06/2016)

1 Exhibit A

View on PACER

Jan. 6, 2016

Jan. 6, 2016

PACER
20

NOTICE OF SERVICE of Plaintiff's First Set of Interrogatories of Documents filed by Community Legal Aid Society, Inc..(Levine, James Harry) (Entered: 01/06/2016)

Jan. 6, 2016

Jan. 6, 2016

PACER
21

NOTICE OF SERVICE of Plaintiff's First Set of Requests for Production of Documents filed by Community Legal Aid Society, Inc..(Levine, James Harry) (Entered: 01/06/2016)

Jan. 6, 2016

Jan. 6, 2016

PACER

SO ORDERED

Jan. 8, 2016

Jan. 8, 2016

PACER

SO ORDERED - re 19 Stipulation and Confidentiality Order filed by Community Legal Aid Society, Inc. Ordered by Judge Gregory M. Sleet on 1/8/2016. (mdb)

Jan. 8, 2016

Jan. 8, 2016

PACER
22

ORDER Setting Mediation Conferences: A Telephone Conference is set for 6/2/2016 at 09:30 AM EASTERN TIME before Judge Mary Pat Thynge. A Mediation Conference is set for 6/21/2016 at 10:00 AM in Courtroom 2B before Judge Mary Pat Thynge. SEE ORDER FOR DETAILS. Signed by Judge Mary Pat Thynge on 1/14/16. (cak) (Entered: 01/14/2016)

Jan. 14, 2016

Jan. 14, 2016

PACER
23

NOTICE OF SERVICE of First Set of Document Requests Directed to Plaintiff and First Set of Interrogatories Directed to Plaintiff filed by Robert M. Coupe.(Connell, Ryan) (Entered: 02/03/2016)

Feb. 3, 2016

Feb. 3, 2016

PACER
24

NOTICE OF SERVICE of Commissioner Coupe's Responses to Plaintiff's First Set of Interrogatories and Commissioner Coupe's Responses to Plaintiff's First Set of Requests for Production of Documents re 21 Notice of Service, 20 Notice of Service filed by Robert M. Coupe.(Handlon, Joseph) (Entered: 02/05/2016)

Feb. 5, 2016

Feb. 5, 2016

PACER
25

NOTICE OF SERVICE of Plaintiff's Responses to Defendant's First Set of Document Requests filed by Community Legal Aid Society, Inc..(Levine, James Harry) (Entered: 03/08/2016)

March 8, 2016

March 8, 2016

PACER
26

NOTICE OF SERVICE of Plaintiff's Answers to First Set of Interrogatories filed by Community Legal Aid Society, Inc..(Levine, James Harry) (Entered: 03/08/2016)

March 8, 2016

March 8, 2016

PACER
27

NOTICE OF SERVICE of Plaintiff's Second Set of Interrogatories of Documents filed by Community Legal Aid Society, Inc..(McMillan, James) (Entered: 03/10/2016)

March 10, 2016

March 10, 2016

PACER
28

NOTICE OF SERVICE of Plaintiff's Second Set of Requests for Production of Documents filed by Community Legal Aid Society, Inc..(McMillan, James) (Entered: 03/10/2016)

March 10, 2016

March 10, 2016

PACER
29

STIPULATION TO EXTEND TIME Discovery Deadline and dispositive motion deadline to - filed by Robert M. Coupe. (Handlon, Joseph) (Entered: 03/15/2016)

March 15, 2016

March 15, 2016

PACER

SO ORDERED

March 16, 2016

March 16, 2016

PACER

SO ORDERED - re 29 STIPULATION TO EXTEND TIME Discovery Deadline and dispositive motion deadline. Set/Reset Scheduling Order Deadlines: (All Discovery due by 7/13/2016., Fact Discovery completed by 5/18/2016., Opening Expert Reports due by 5/18/2016., Rebuttal Expert Reports due by 6/17/2016.). Ordered by Judge Gregory M. Sleet on 3/16/2016. (mdb)

March 16, 2016

March 16, 2016

PACER

Set/Reset Scheduling Order Deadlines AND SO ORDERED

March 16, 2016

March 16, 2016

PACER
30

MEMORANDUM. Signed by Judge Gregory M. Sleet on 3/16/2016. (mdb)

March 16, 2016

March 16, 2016

RECAP
31

ORDER - re 30 Memorandum: The Defendants' motion to dismiss (D.I. 6 ) is DENIED, except for Count II of the Complaint. Count II of the Complaint is DISMISSED. Signed by Judge Gregory M. Sleet on 3/16/2016. (mdb) (Entered: 03/16/2016)

March 16, 2016

March 16, 2016

PACER
32

ORAL ORDER re 22 Order Setting Mediation Conferences: The mediation set for 6/21/16 at 10:00 AM has been rescheduled to 4/11/16 at 10:30 AM. Submissions of the parties originally due on 6/2/16 shall now be due on or before 4/5/16. The submissions shall include expert reports and any proposed settlement negotiations. All other provisions in the Court's 1/14/16 Order remain in full force and effect. Ordered by Judge Mary Pat Thynge on 3/21/16. (cak) (Entered: 03/21/2016)

March 21, 2016

March 21, 2016

PACER

Oral Order

March 21, 2016

March 21, 2016

PACER
33

ORAL ORDER: Counsel are to provide a letter to the Court listing all of the attendees from each side to the mediation being held on Monday, April 11, 2016. The letter IS NOT to be e-filed, but shall be Hand Delivered to the Clerk's Office addressed to Judge Thynge by no later than 12:00 NOON Friday, April 8, 2016. Ordered by Judge Mary Pat Thynge on 4/7/16. (cak) (Entered: 04/07/2016)

April 7, 2016

April 7, 2016

PACER

Oral Order

April 7, 2016

April 7, 2016

PACER

Oral Order

May 6, 2016

May 6, 2016

PACER

ORAL ORDER SCHEDULING A TELECONFRENCE: A Teleconference to discuss the schedule in this case has been set for Tuesday, May 17, 2016, at 9:30 AM. Counsel for the plaintiff is directed to arrange the call and contact chambers at (302) 573-4559 once all the participants are on the line. Ordered by Judge Gregory M. Sleet on 5/6/2016. (ctd)

May 6, 2016

May 6, 2016

PACER
34

Letter to The Honorable Gregory M. Sleet from Joseph C. Handlon, Deputy Attorney General regarding tomorrow's call with the Court - re Oral Order,. (Handlon, Joseph) (Entered: 05/16/2016)

May 16, 2016

May 16, 2016

PACER

Telephone Conference

May 17, 2016

May 17, 2016

PACER

Minute Entry for proceedings held before Judge Gregory M. Sleet - Telephone Conference regarding the schedule held on 5/17/2016. Discussion regarding this case's schedule. The parties were directed to file a stipulation OR a request for a subsequent telephone conference regarding the extension of certain deadlines, by Friday, May 20, 2016. (Court Reporter Kevin Maurer.) (mdb)

May 17, 2016

May 17, 2016

PACER
35

PROPOSED ORDER Stipulation and Order Modifying Scheduling Order re Telephone Conference, by Robert M. Coupe. (Handlon, Joseph) (Entered: 05/20/2016)

May 20, 2016

May 20, 2016

PACER
36

SO ORDERED - re 35 Stipulation and Order Modifying Scheduling Order filed by Robert M. Coupe, Set/Reset Scheduling Order Deadlines: (Fact Discovery completed by 9/30/2016., Opening Expert Reports due by 9/30/2016., Rebuttal Expert Reports due by 11/7/2016., All Discovery due by 11/21/2016.). Signed by Judge Gregory M. Sleet on 5/25/2016. (mdb) (Entered: 05/25/2016)

May 25, 2016

May 25, 2016

PACER
37

ORAL ORDER: The continued mediation in this matter has been scheduled for 8/8/16 at 10:00 AM with Judge Thynge. There shall be no further submissions by the parties. All other provisions of the Court's 1/14/16 Order remain in full force and effect. Ordered by Judge Mary Pat Thynge on 6/21/16. (cak) (Entered: 06/21/2016)

June 21, 2016

June 21, 2016

PACER

Oral Order

June 21, 2016

June 21, 2016

PACER
38

PROPOSED ORDER Proposed Agreement and Order by Community Legal Aid Society, Inc.. (Morse, Richard) (Entered: 08/31/2016)

Aug. 31, 2016

Aug. 31, 2016

RECAP
39

Letter to Judge Sleet from Richard H. Morse regarding enclosing proposed Agreement and Order - re 38 Proposed Order. (Morse, Richard) (Entered: 08/31/2016)

Aug. 31, 2016

Aug. 31, 2016

PACER
40

SO ORDERED - re 38 Proposed Agreement and Order. All deadlines and hearings have been terminated (re 39 ). Signed by Judge Gregory M. Sleet on 9/1/2016. (mdb) (Entered: 09/02/2016)

Sept. 1, 2016

Sept. 1, 2016

PACER

Terminated Case

Sept. 9, 2016

Sept. 9, 2016

PACER

CASE CLOSED (mdb)

Sept. 9, 2016

Sept. 9, 2016

PACER

Terminate Case - Civil

Sept. 9, 2016

Sept. 9, 2016

PACER
41

Letter to Honorable Gregory M. Sleet from Christopher R. Desmond regarding Appointment of Independent Arbitrator. (lmm) (Entered: 01/31/2017)

Jan. 30, 2017

Jan. 30, 2017

PACER
42

MOTION for Preliminary Injunction - filed by Christopher Desmond. (sar) (Entered: 02/08/2017)

Feb. 7, 2017

Feb. 7, 2017

PACER
43

MOTION for Writ of Mandamus - filed by Christopher Desmond. (Attachments: # 1 Cover Letter)(nmg) (Entered: 02/08/2017)

1 Cover Letter

View on PACER

Feb. 8, 2017

Feb. 8, 2017

PACER
44

MOTION for Preliminary Injunction - re D.I. 40 Order - filed by Christopher Desmond. (Attachments: # 1 Letter) (Entered: 02/13/2017)

1 Letter

View on RECAP

Feb. 10, 2017

Feb. 10, 2017

PACER
45

Letter to Judge Sleet from Christopher Desmond re Writ of Mandamus. (jcs) (Entered: 02/13/2017)

Feb. 10, 2017

Feb. 10, 2017

RECAP
46

ORDER dismissing 42 Motion for Preliminary Injunction; dismissing 43 Motion for Writ of Mandamus; dismissing 44 Motion for Preliminary Injunction. The letters and motions are not considered and will be dismissed as moot. Christopher Desmond is placed on notice that future filings in this case will be docketed, and not considered. Signed by Judge Gregory M. Sleet on 2/13/2017. (lmm) (Entered: 02/13/2017)

Feb. 13, 2017

Feb. 13, 2017

PACER
47

Letter to Honorable Gregory M. Sleet from Christopher Desmond regarding Modification of Agreement of D.I. 40, page 12, section B - re 40 SO ORDERED, Terminate Scheduling Order Deadlines. (nmg) (Entered: 02/14/2017)

Feb. 14, 2017

Feb. 14, 2017

RECAP
48

(FILED BUT NOT CONSIDERED per Order 46 ) MOTION for Preliminary Injunction - filed by Christopher Desmond. (jcs) (Entered: 02/17/2017)

Feb. 17, 2017

Feb. 17, 2017

PACER
49

MOTION for Immediate Release - filed by Joshua Stephenson, Robert Figgs, Juan Restrepo, Angelo Clark, David Watson, Gary Stuart. (jcs) (Entered: 08/18/2017)

Aug. 18, 2017

Aug. 18, 2017

PACER
50

MOTION to Appoint Counsel - filed by Angelo Clark, Robert Figgs, Juan Restrepo, Joshua Stephenson, Gary Stuart, David Watson. (jcs) (Entered: 08/18/2017)

Aug. 18, 2017

Aug. 18, 2017

PACER
51

MOTION to Reopen Case - filed by Angelo Clark, Robert Figgs, Juan Restrepo, Joshua Stephenson, Gary Stuart, David Watson. (crb) (Entered: 08/23/2017)

Aug. 23, 2017

Aug. 23, 2017

RECAP
52

CERTIFICATE OF SERVICE of 51 Motion to Reopen Case by David Watson (jcs) (Entered: 08/25/2017)

Aug. 25, 2017

Aug. 25, 2017

PACER
53

MOTION to Dissolve Trust - filed by Gary Stuart. (sar) (Entered: 08/30/2017)

Aug. 29, 2017

Aug. 29, 2017

RECAP
54

Letter to Clerk from Joshua Stephenson regarding request for personal copy of civil suit. (fms) (Entered: 09/13/2017)

Sept. 13, 2017

Sept. 13, 2017

PACER
55

Letter to Joshua Stephenson from Clerk regarding request for copywork - re 54 Letter. The docket sheet in this case is seven (7) pages ($3.50). (fms) (Entered: 09/14/2017)

Sept. 14, 2017

Sept. 14, 2017

PACER
56

MOTION Supplementary Relief Including Appointment of Counsel - filed by Christopher H. West. (fms) (Entered: 09/28/2017)

Sept. 28, 2017

Sept. 28, 2017

PACER
57

[SEALED] AFFIDAVIT of Angelo Clark with Medical Documents re 51 MOTION to Reopen Case filed by Angelo Clark. (jcs) (Entered: 10/06/2017)

Oct. 6, 2017

Oct. 6, 2017

PACER
58

[SEALED] EXHIBITS re 51 MOTION to Reopen Case by Angelo Clark, Robert Figgs, Juan Restrepo, Gary Stuart, David Watson. (Affidavits with sealed medical records) (nmfn) (Entered: 10/11/2017)

Oct. 10, 2017

Oct. 10, 2017

PACER
59

AFFIDAVIT of Joshua Stephenson re 51 MOTION to Reopen Case. (ceg) Modified on 10/18/2017 (ceg). (Entered: 10/13/2017)

Oct. 13, 2017

Oct. 13, 2017

RECAP
60

CERTIFICATE OF SERVICE by Joshua Stephenson re 59 Affidavit (ceg) (Entered: 10/18/2017)

Oct. 18, 2017

Oct. 18, 2017

PACER
61

NOTICE of Change of Address by Richard H. Morse (Morse, Richard) (Entered: 11/06/2017)

Nov. 6, 2017

Nov. 6, 2017

PACER
62

NOTICE of Appearance by Ryan R. Tack-Hooper on behalf of All Plaintiffs (Tack-Hooper, Ryan) (Entered: 11/06/2017)

Nov. 6, 2017

Nov. 6, 2017

RECAP

Case Details

State / Territory: Delaware

Case Type(s):

Prison Conditions

Special Collection(s):

Solitary confinement

Key Dates

Filing Date: Aug. 6, 2015

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Community Legal Aid Society, Inc. (“CLASI”) is a non-profit Delaware corporation that represents indigent clients. CLASI has been designated, by the State of Delaware, as the organization with responsibility to protect and advocate for the rights of people with mental illness.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Delaware Department of Correction, State

Defendant Type(s):

Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Protection and Advocacy for Individuals with Mental Illness (PAIMI) Act, 42 U.S.C. § 10801

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Preliminary relief denied

Reporting

Monitoring

Order Duration: 2016 - None

Issues

General/Misc.:

Classification / placement

Conditions of confinement

Totality of conditions

Disability and Disability Rights:

Mental Illness, Unspecified

Mental impairment

Discrimination Basis:

Disability (inc. reasonable accommodations)

Jails, Prisons, Detention Centers, and Other Institutions:

Administrative segregation

Confinement/isolation

Recreation / Exercise

Solitary confinement/Supermax (conditions or process)

Medical/Mental Health Care:

Medical care, general

Medication, administration of

Mental health care, general

Self-injurious behaviors

Suicide prevention

Untreated pain