Case: S.R. v. Kenton County

2:15-cv-00143 | U.S. District Court for the Eastern District of Kentucky

Filed Date: Aug. 3, 2015

Closed Date: 2018

Clearinghouse coding complete

Case Summary

On August 3, 2015, two minor children with disabilities filed this lawsuit in the U.S. District Court for the Eastern District of Kentucky. The plaintiffs sued the Kenton County Sheriff's Office, the Sheriff for Kenton County (in only his official capacity), and the Sheriff's Office's School Resource Officer (in his official and individual capacities) under 42 U.S.C § 1983 and Title II of the Americans with Disabilities Act. The plaintiffs, represented by the ACLU and private counsel, sought in…

On August 3, 2015, two minor children with disabilities filed this lawsuit in the U.S. District Court for the Eastern District of Kentucky. The plaintiffs sued the Kenton County Sheriff's Office, the Sheriff for Kenton County (in only his official capacity), and the Sheriff's Office's School Resource Officer (in his official and individual capacities) under 42 U.S.C § 1983 and Title II of the Americans with Disabilities Act. The plaintiffs, represented by the ACLU and private counsel, sought injunctive relief, declaratory relief and damages, claiming the defendant used unnecessary and excessive physical restraint and handcuffs on schoolchildren with disabilities. The plaintiffs alleged that the defendants' actions constituted unreasonable seizure and excessive force in violation of plaintiffs' rights under the Fourth and Fourteenth Amendments. The plaintiffs also claimed that the defendants discriminated against the plaintiffs based on their disabilities and failed to accommodate their disabilities.

On September 9, 2015, the defendants filed a joint motion to dismiss for failure to state a claim. On September 30, 2015, the plaintiffs filed a cross motion for judgment on the pleadings.

On December 28, 2015, Judge William O. Bertelsman denied the defendants' motion to dismiss without prejudice. The Court found that the plaintiffs adequately pleaded a constitutional violation in order to make out a § 1983 claim. The plaintiffs also adequately pleaded plausible claims for discrimination under Title II.

In October 2016, both parties filed cross motions for partial summary judgment. Additionally, the defendants filed a motion to sever the claims of the two students on September 14, 2017. Judge Bertelsman denied the defendants' motion to sever because of the substantial factual similarities between the two handcuffing situations and the existence of a common question of law: whether the elbow-cuffing of these children was unconstitutional.

On October 11, 2017, Judge Bertelsman ruled on the parties' cross motions for partial summary judgment. Judge Bertelsman held for the plaintiffs on their claims of unlawful seizure and excessive use of force and municipal liability against Kenton County for those violations. The Court applied the Graham factors and found that although the severity of the crime weighed in favor of the defendants, the other factors -- whether the children posed an immediate threat to themselves or others; the age and stature of the children; and the method of handcuffing -- weighed in favor of the plaintiffs.

However, Judge Bertelsman ruled against the plaintiffs on their ADA discrimination and reasonable accommodation claims. The Court found that no reasonable jury could find that the defendants' handcuffing of the plaintiffs would not have occurred "but

for" their alleged disabilities, as opposed to their behavior on the days in question.

Additionally, Judge Bertelsman held for the defendants on the issue of qualified immunity. Although the Court said it was a close call, it found that the plaintiffs failed to show that it was clearly established that the handcuffing was unconstitutional. The Court found that the Supreme Court precedent that the plaintiffs relied on was too generalized and that the plaintiffs failed to cite to any Sixth Circuit precedent.

On February 7, 2018, the defendants (in their official capacities) filed a motion to dismiss the plaintiffs' constitutional claims under § 1983 for lack of subject matter jurisdiction, claiming state sovereign immunity under the Eleventh Amendment. Before hearing oral argument on the issue of damages, the Court noted that it would take the defendants' motion to dismiss under advisement.

However, following a settlement conference on April 13, 2018, the parties privately reached an agreement whereby the defendants agreed to pay more than $337,000 in damages. The Court dismissed the action with prejudice on November 1, 2018, ordering that each party must pay their own costs.

Summary Authors

Maria Ricaurte (10/18/2015)

Eva Richardson (12/28/2018)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4268382/parties/sr-v-kenton-county-sheriffs-office/


Judge(s)

Bertelsman, William Odis (Kentucky)

Attorneys(s) for Plaintiff

Center, Claudia B. (California)

Cubbage, Amy D. (Kentucky)

Gatnarek, Heather L. (Kentucky)

Hill, Eve L. (District of Columbia)

Howard, Rickell L. (Kentucky)

Meyer, Robert Kenyon (Kentucky)

Mizner, Susan (California)

Preston, Judy C. (District of Columbia)

Sharp, William E. (Kentucky)

Judge(s)

Bertelsman, William Odis (Kentucky)

Attorneys(s) for Plaintiff

Center, Claudia B. (California)

Cubbage, Amy D. (Kentucky)

Gatnarek, Heather L. (Kentucky)

Hill, Eve L. (District of Columbia)

Howard, Rickell L. (Kentucky)

Meyer, Robert Kenyon (Kentucky)

Mizner, Susan (California)

Preston, Judy C. (District of Columbia)

Sharp, William E. (Kentucky)

Attorneys(s) for Defendant

Harris, Drew Cameron (Kentucky)

Nordloh, Christopher Scott (Kentucky)

Reed, Jason Vincent (Kentucky)

Sanders, Delana S. (Kentucky)

Smith, Matthew C. (Kentucky)

Other Attorney(s)

Bond, Rebecca B. (District of Columbia)

Jackson, Shelley (District of Columbia)

Mazor, Marina (District of Columbia)

Moossy, Robert J. (District of Columbia)

Wilson, Ryan C (District of Columbia)

Wolfe, Kathleen P. (District of Columbia)

Documents in the Clearinghouse

Document

2:15-cv-00143

Docket [PACER]

S.R. v. Kenton County Sheriff's Office

Nov. 1, 2018

Nov. 1, 2018

Docket
1

2:15-cv-00143

Complaint

Aug. 3, 2015

Aug. 3, 2015

Complaint
32

2:15-cv-00143

Statement of Interest of the United States

S.R. and L.G. v. Kenton County

Oct. 2, 2015

Oct. 2, 2015

Pleading / Motion / Brief
92

2:15-cv-00143

Amended Complaint

March 15, 2016

March 15, 2016

Complaint
187

2:15-cv-00143

Opinion and Order

302 F.Supp.3d 821

Oct. 11, 2017

Oct. 11, 2017

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4268382/sr-v-kenton-county-sheriffs-office/

Last updated Aug. 7, 2022, 3:17 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT FOR DAMAGES AND DECLARATORY AND INJUNCTIVE RELIEF AND JURY DEMAND( Filing fee $400; receipt number 0643-3274997), filed by S.R., L.G.. (Attachments: # 1 Case Assignment, # 2 Civil Cover Sheet, # 3 summons-kevin sumner, # 4 summons-kenton co sheriffs office, # 5 summons-kornzenborn)(TJZ) (Entered: 08/03/2015)

1 Case Assignment

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2 Civil Cover Sheet

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3 summons-kevin sumner

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4 summons-kenton co sheriffs office

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5 summons-kornzenborn

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Aug. 3, 2015

Aug. 3, 2015

RECAP
2

NOTICE OF FILING EXHIBITS TO PLAINTIFF'S COMPLAINT by L.G., S.R. re 1 Complaint. (TJZ) (Entered: 08/03/2015)

Aug. 3, 2015

Aug. 3, 2015

PACER
3

CONVENTIONAL FILING received on behalf of S.R., et al. Exhibits A&B to complaint (2 DVDs) are filed per re 2 Notice of Filing. (MAINTAINED ON THE SHELF IN THE CLERK'S OFFICE) (TJZ) Modified to seal on 8/5/2015 per 11 Order(TJZ). (Entered: 08/03/2015)

Aug. 3, 2015

Aug. 3, 2015

PACER
4

MOTION Permit use of Plaintiffs' Initials by L.G., S.R. Motions referred to J. Gregory Wehrman. (Attachments: # 1 Memo in Support, # 2 Proposed Order)(TJZ) (Entered: 08/03/2015)

1 Memo in Support

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2 Proposed Order

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Aug. 3, 2015

Aug. 3, 2015

PACER
5

MAGISTRATE JUDGE J. GREGORY WEHRMAN chosen by random selection to handle matters that may be referred in this case.(TJZ) (Entered: 08/03/2015)

Aug. 3, 2015

Aug. 3, 2015

PACER
6

Summons Issued as to Kenton County Sheriff's Office, Charles Korzenborn, Kevin Sumner(in his individual capacity as School Resource Officer); Summons issued and returned to counsel via pick-up from Office of Clerk (TJZ) (Entered: 08/03/2015)

Aug. 3, 2015

Aug. 3, 2015

PACER
7

STANDING REFERRAL ORDER: 1) Case referred to presiding Magistrate Judge to supervise discovery and pretrial proceedings; 2) Magistrate Judge shall conduct all pretrial and status conferences, rule on non-dispositive motions. Dispositive motions and motions in limine will be ruled on by district judge; final pretrial conference and trial will be conducted by the district judge unless the parties agree to trial by Magistrate Judge, pursuant to 28 USC ยง 636(c). Signed by Judge William O. Bertelsman on 6/18/2010.(TJZ)cc: COR (Entered: 08/03/2015)

Aug. 3, 2015

Aug. 3, 2015

PACER

Conflict Check run. (TJZ)

Aug. 3, 2015

Aug. 3, 2015

PACER

***MOTION SUBMITTED TO CHAMBERS of J. Gregory Wehrman for review: re 4 MOTION Permit use of Plaintiffs' Initials by L.G., S.R. (TJZ)

Aug. 3, 2015

Aug. 3, 2015

PACER
8

NOTICE OF FILING by L.G., S.R. re 2 Notice of Filing Amended Notice of Filing Exhibit (Meyer, R.) (Entered: 08/03/2015)

Aug. 3, 2015

Aug. 3, 2015

PACER
9

MOTION for Rickell L. Howard to Appear Pro Hac Vice by L.G., S.R. ( Filing fee $95; receipt number 0643-3275933)Motions referred to J. Gregory Wehrman. (Attachments: # 1 Affidavit of Rickell Howard, # 2 Supplement Certificate of Good Standing, # 3 Proposed Order granting Pro Hac Vice Motion of Rickell Howard)(Meyer, R.) (Entered: 08/03/2015)

1 Affidavit of Rickell Howard

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2 Supplement Certificate of Good Standing

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3 Proposed Order granting Pro Hac Vice Motion of Rickell Howard

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Aug. 3, 2015

Aug. 3, 2015

PACER

BAR STATUS Check completed as to Rickell L. Howard re 9 MOTION for Rickell L. Howard to Appear Pro Hac Vice by L.G., S.R. ( Filing fee $95; receipt number 0643-3275933). (ECO)

Aug. 4, 2015

Aug. 4, 2015

PACER
10

ORDER: 1) The motion to permit Rickell Howard to appear pro hac vice on behalf of Plfs 9 is granted; 2) The motion to permit the minor Plfs and their next friends to be referred to only via their initials in documents submitted for filing with the Court 4 is granted. Signed by Magistrate Judge J. Gregory Wehrman on 8/4/2015. (ECO)cc: COR w/copy of Mandatory ECF General Order and ECF Registration form to Atty Rickell Howard at address on the docket sheet. (Entered: 08/04/2015)

Aug. 4, 2015

Aug. 4, 2015

PACER
11

ORDER re 3 Conventional Filing: The DVDs submitted in conjunction with the complaint [2,3] shall be sealed. Signed by Magistrate Judge J. Gregory Wehrman on 8/5/2015.(TJZ)cc: COR (Entered: 08/05/2015)

Aug. 5, 2015

Aug. 5, 2015

PACER
12

MOTION for Susan Mizner to Appear Pro Hac Vice by L.G., S.R. ( Filing fee $95; receipt number 0643-3277844)Motions referred to J. Gregory Wehrman. (Attachments: # 1 Affidavit of Susan Mizner, # 2 Exhibit, # 3 Proposed Order granting motion for pro hac vice)(Meyer, R.) (Entered: 08/05/2015)

1 Affidavit of Susan Mizner

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2 Exhibit

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3 Proposed Order granting motion for pro hac vice

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Aug. 5, 2015

Aug. 5, 2015

PACER
13

MOTION for Claudia Center to Appear Pro Hac Vice by L.G., S.R. ( Filing fee $95; receipt number 0643-3277856)Motions referred to J. Gregory Wehrman. (Attachments: # 1 Affidavit of Claudia Center, # 2 Exhibit, # 3 Proposed Order granting Claudia Center pro hac vice motion)(Meyer, R.) (Entered: 08/05/2015)

1 Affidavit of Claudia Center

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2 Exhibit

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3 Proposed Order granting Claudia Center pro hac vice motion

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Aug. 5, 2015

Aug. 5, 2015

PACER

BAR STATUS Check completed re 12 MOTION for Susan Mizner to Appear Pro Hac Vice by L.G., S.R. ( Filing fee $95; receipt number 0643-3277844), 13 MOTION for Claudia Center to Appear Pro Hac Vice by L.G., S.R. ( Filing fee $95; receipt number 0643-3277856). (TJZ)

Aug. 6, 2015

Aug. 6, 2015

PACER
14

ORDER: motions to permit Susan Mizner 12 and Claudia Center 13 to Appear Pro Hac Vice on behalf of plaintiffs are each granted. Signed by Magistrate Judge J. Gregory Wehrman on 8/6/2015. (TJZ)cc: COR, Mandatory ECF Order/Registration Form to Mizner and Center via U.S. Mail (Entered: 08/06/2015)

Aug. 6, 2015

Aug. 6, 2015

PACER
15

NOTICE OF APPEARANCE by Charles Korzenborn. (Nordloh, Christopher) (Entered: 08/13/2015)

Aug. 13, 2015

Aug. 13, 2015

PACER
16

MOTION for Order Compelling a More Definite Statement and Completeness of the Record by Charles Korzenborn in his official capacity Motions referred to J. Gregory Wehrman. (Attachments: # 1 Memorandum in Support of Order, # 2 Proposed Order GRANTING CR 12 Motion)(Nordloh, Christopher) Modified text on 8/14/2015 (TJZ). (Entered: 08/13/2015)

1 Memorandum in Support of Order

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2 Proposed Order GRANTING CR 12 Motion

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Aug. 13, 2015

Aug. 13, 2015

PACER
17

NOTICE of Change of Address by Christopher Scott Nordloh (Nordloh, Christopher) (Entered: 08/13/2015)

Aug. 13, 2015

Aug. 13, 2015

PACER
18

STRICKEN FROM DOCKET, Incorrect Document. (Sanders, Robert) Modified on 8/14/2015 (TJZ). (Entered: 08/13/2015)

Aug. 13, 2015

Aug. 13, 2015

PACER
19

FIRST MOTION to Strike 1 Complaint, by Kevin Sumner(in his individual capacity as School Resource Officer) Motions referred to J. Gregory Wehrman. (Attachments: # 1 Memorandum in Support of Motion to Strike Irrelevant Allegations from Complaint, # 2 Proposed Order Granting motion to strike)(Sanders, Robert) (Entered: 08/13/2015)

1 Memorandum in Support of Motion to Strike Irrelevant Allegations from Complaint

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2 Proposed Order Granting motion to strike

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Aug. 13, 2015

Aug. 13, 2015

PACER
20

NOTICE OF APPEARANCE by Charles Korzenborn. (Smith, Thomas) (Entered: 08/14/2015)

Aug. 14, 2015

Aug. 14, 2015

PACER
21

ORDER: A PRELIMINARY PRETRIAL CONFERENCE will be held in this matter on 8/18/2015 at 02:00 PM at the 5th Floor Courtroom, United States Courthouse, 35 West Fifth Street, in COVINGTON before Judge William O. Bertelsman. The following matters will be addressed: 1) pending motions ( 16, 19 ); 2) the need for an expedited pleading schedule; 3) the need for an expedited discovery schedule; 4) discovery ddls; 5) whether any documents or exhibits may be filed under seal; and 6) such other matters as may come before the Court. Signed by Judge William O. Bertelsman on 8/14/2015.(ECO)cc: COR w/copies mailed to Claudia Center and Susan Mizner. Modified text on 8/14/2015 (ECO). (Entered: 08/14/2015)

Aug. 14, 2015

Aug. 14, 2015

PACER

NOTICE OF ACTION BY CLERK STRIKING A DOCUMENT FROM THE RECORD re 18 NOTICE OF APPEARANCE was an INCORRECT PDF document filed as main document; Attorney shall re-file the corrected Notice of Appearance within seven (7) calendar days. *cbd* cc: COR (TJZ)

Aug. 14, 2015

Aug. 14, 2015

PACER
22

NOTICE of Appearance by Justin A. Sanders on behalf of Kevin Sumner(in his individual capacity as School Resource Officer) (Sanders, Justin) (Entered: 08/17/2015)

Aug. 17, 2015

Aug. 17, 2015

PACER
23

MOTION for More Definite Statement by Kevin Sumner(in his individual capacity as School Resource Officer) and Compelling Completeness of the Record Motions referred to J. Gregory Wehrman. Responses due by 9/8/2015 (Attachments: # 1 Proposed Order)(Sanders, Justin) (Entered: 08/17/2015)

1 Proposed Order

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Aug. 17, 2015

Aug. 17, 2015

PACER
24

RESPONSE to Motion re 16 MOTION for Order by Charles Korzenborn in his official capacity, 23 MOTION for More Definite Statement by Kevin Sumner(in his individual capacity as School Resource Officer) and Compelling Completeness of the Record filed by L.G., S.R.. (Attachments: # 1 Proposed Order Order Denying Defendants' Motion as Moot)(Howard, Rickell) (Entered: 08/17/2015)

1 Proposed Order Order Denying Defendants' Motion as Moot

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Aug. 17, 2015

Aug. 17, 2015

PACER
25

RESPONSE in Opposition re 19 FIRST MOTION to Strike 1 Complaint, by Kevin Sumner(in his individual capacity as School Resource Officer) filed by L.G., S.R.. (Attachments: # 1 Proposed Order)(Sharp, William) (Entered: 08/17/2015)

1 Proposed Order

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Aug. 17, 2015

Aug. 17, 2015

PACER
26

MINUTE ENTRY ORDER FOR PRELIMINARY PRETRIAL CONFERENCE held on 8/18/2015 before Judge William O. Bertelsman: Parties present as noted. IT IS ORDERED: 1) Def's motions for an order compelling a more definite statement and completeness of the record ( 16, 23 ) are hereby DENIED AS MOOT; 2) Having reviewed in camera the DVD, the Court directs that the DVD be FILED UNDER SEAL; 3) Def's motion to strike 19 is DENIED, for reasons stated on the record; 4) By separate order, the Court is authorizing Def Sumner to turn over to his counsel all videos obtained from the Covington Independent Schools; 5) Defs shall file their answers or Rule 12 motions by 9/9/2015; 6) Failing dismissal of the complaint, parties shall have until 12/31/2015 to conduct discovery; 7) Any dispositive motions due 30 days following close of discovery. (PARTIES SHALL SEE ORDER FOR DETAILS). (Court Reporter JOAN AVERDICK.) Signed by William O. Bertelsman. (ECO)cc: COR w/copies mailed to Attys Claudia Center and Susan Mizner (Entered: 08/19/2015)

Aug. 18, 2015

Aug. 18, 2015

PACER
27

CONVENTIONAL FILING received on behalf of S.R., et al. Exhibit C ( 1 DVD) is filed per Minute Entry Order for Preliminary Pretrial Conference re 26 . (MAINTAINED ON THE SHELF IN THE CLERK'S OFFICE) (ECO) (Entered: 08/19/2015)

Aug. 18, 2015

Aug. 18, 2015

PACER
28

ORDER: 1) Def Sumner is hereby authorized to turn over to his attys all videos he obtained from Covington Independent Public Schools depicting Plfs or relating to the events that are the basis of the Plfs' Complaint. Signed by Judge William O. Bertelsman on 8/18/2015.(ECO)cc: COR w/copy mailed to attys Claudia Center and Susan Mizner (Entered: 08/19/2015)

Aug. 18, 2015

Aug. 18, 2015

PACER
29

JOINT MOTION to Dismiss for failure to state a claim by Charles Korzenborn, Kevin Sumner(in his official capacity as School Resource Officer), Kevin Sumner(in his individual capacity as School Resource Officer) Kevin Sumner is a Kenton County Sheriff's Deputy who performs law enforcement duties as a sworn peace officer when school personnel call the police to respond to students' criminal conduct. (Attachments: # 1 Memorandum in Support OF DISMISSAL ON BEHALF OF KENTON COUNTY AND KEVIN SUMNER, INDIVIDUALLY, # 2 Proposed Order DISMISSING THE COMPLAINT)(Nordloh, Christopher) (Entered: 09/09/2015)

1 Memorandum in Support OF DISMISSAL ON BEHALF OF KENTON COUNTY AND KEVIN SUMNER,

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2 Proposed Order DISMISSING THE COMPLAINT

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Sept. 9, 2015

Sept. 9, 2015

PACER
30

RESPONSE in Opposition re 29 JOINT MOTION to Dismiss for failure to state a claim by Charles Korzenborn, Kevin Sumner(in his official capacity as School Resource Officer), Kevin Sumner(in his individual capacity as School Resource Officer) Kevin Sumner is a Kenton County Sherif and Cross Motion for Partial Judgment on the Pleadings filed by L.G., S.R.. (Attachments: # 1 Cross Motion for Partial Judgment on the Pleadings, # 2 Proposed Order, # 3 Certificate of Service)(Center, Claudia) (Entered: 09/30/2015)

1 Cross Motion for Partial Judgment on the Pleadings

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2 Proposed Order

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3 Certificate of Service

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Sept. 30, 2015

Sept. 30, 2015

PACER
31

CROSS MOTION for Judgment on the Pleadings by L.G., S.R. (duplicate of Docket Entry #30) (Attachments: # 1 Memorandum in Support, # 2 Proposed Order, # 3 Certificate of Service)(Center, Claudia) (Entered: 09/30/2015)

1 Memorandum in Support

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2 Proposed Order

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3 Certificate of Service

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Sept. 30, 2015

Sept. 30, 2015

PACER
32

NOTICE by United States Department of Justice re 29 JOINT MOTION to Dismiss for failure to state a claim by Charles Korzenborn, Kevin Sumner(in his official capacity as School Resource Officer), Kevin Sumner(in his individual capacity as School Resource Officer) Kevin Sumner is a Kenton County Sherif, 1 Complaint, Statement of Interest (Wilson, Ryan) (Entered: 10/02/2015)

Oct. 2, 2015

Oct. 2, 2015

RECAP
33

TRANSCRIPT REQUEST by Charles Korzenborn for proceedings held on August 18, 2015 before Judge WOB.. (Nordloh, Christopher) (Entered: 10/07/2015)

Oct. 7, 2015

Oct. 7, 2015

PACER
34

REPLY to Response to Motion re 29 JOINT MOTION to Dismiss for failure to state a claim by Charles Korzenborn, Kevin Sumner(in his official capacity as School Resource Officer), Kevin Sumner(in his individual capacity as School Resource Officer) Kevin Sumner is a Kenton County Sherif filed by Charles Korzenborn, Kevin Sumner(in his official capacity as School Resource Officer), Kevin Sumner(in his individual capacity as School Resource Officer). (Nordloh, Christopher) (Entered: 10/12/2015)

Oct. 12, 2015

Oct. 12, 2015

PACER
35

RESPONSE in Opposition re 31 CROSS MOTION for Judgment on the Pleadings by L.G., S.R. (duplicate of Docket Entry #30) Duplicate of Reply to Response to Motion to Dismiss 12(b)(6) filed by Charles Korzenborn, Kevin Sumner(in his official capacity as School Resource Officer), Kevin Sumner(in his individual capacity as School Resource Officer). (Nordloh, Christopher) (Entered: 10/12/2015)

Oct. 12, 2015

Oct. 12, 2015

PACER

***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re 29 JOINT MOTION to Dismiss for failure to state a claim by Charles Korzenborn, Kevin Sumner(in his official capacity as School Resource Officer), Kevin Sumner(in his individual capacity as School Resource Officer) Kevin Sumner is a Kenton County Sherif (TJZ)

Oct. 13, 2015

Oct. 13, 2015

PACER
36

JOINT MOTION to Exclude by Kevin Sumner(in his individual capacity as School Resource Officer) Statement of Interest of the United States of America for Purposes of Consideration of Defendants' Joint Motion to Dismiss Motions referred to J. Gregory Wehrman. (Attachments: # 1 Memorandum in Support of Defendants' Joint Motion to Exclude Statement of Interest of the United States of America for Purposes of Considering Defendants' Joint Motion to Dismiss, # 2 Proposed Order)(Sanders, Robert) (Entered: 10/19/2015)

1 Memorandum in Support of Defendants' Joint Motion to Exclude Statement of I

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2 Proposed Order

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Oct. 19, 2015

Oct. 19, 2015

PACER
37

MOTION to Compel by L.G., S.R. Motions referred to J. Gregory Wehrman. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order)(Howard, Rickell) (Entered: 10/23/2015)

1 Memorandum in Support

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2 Proposed Order

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Oct. 23, 2015

Oct. 23, 2015

PACER
38

ORDER: Defendants shall respond to the motion to compel 37 no later than 10/30/2015; plaintiffs shall file a reply no later than 11/3/2015. Signed by Magistrate Judge J. Gregory Wehrman on 10/23/2015.(TJZ)cc: COR (Entered: 10/23/2015)

Oct. 23, 2015

Oct. 23, 2015

PACER
39

REPLY BRIEF to 31, 35 in Support of Cross Motion for Partial Judgment on the Pleadings filed by L.G., S.R.. (Center, Claudia) (Entered: 10/26/2015)

Oct. 26, 2015

Oct. 26, 2015

PACER

***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re 31 CROSS MOTION for Judgment on the Pleadings by L.G., S.R. (duplicate of Docket Entry #30) (TJZ)

Oct. 27, 2015

Oct. 27, 2015

PACER
40

TRANSCRIPT of Proceedings: PRELIMINARY PRETRIAL CONFERENCE held on 8/18/2015 before Judge William O. Bertelsman. Court Reporter: Joan Averdick, Telephone number (859) 291-9666. Transcript ordered by: Christopher Nordloh, Esq.. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 11/20/2015. Redacted Transcript Deadline set for 12/3/2015. Release of Transcript Restriction set for 1/28/2016. (Entered: 10/27/2015)

Oct. 27, 2015

Oct. 27, 2015

PACER
41

RESPONSE to Motion re 36 JOINT MOTION to Exclude by Kevin Sumner(in his individual capacity as School Resource Officer) Statement of Interest of the United States of America for Purposes of Consideration of Defendants' Joint Motion to Dismiss filed by United States Department of Justice. (Mazor, Marina) (Entered: 10/29/2015)

Oct. 29, 2015

Oct. 29, 2015

PACER
42

RESPONSE in Opposition re 37 MOTION to Compel by L.G., S.R. filed by Charles Korzenborn, Kevin Sumner(in his official capacity as School Resource Officer), Kevin Sumner(in his individual capacity as School Resource Officer). (Attachments: # 1 Exhibit Transcript of August Hearing)(Nordloh, Christopher) (Entered: 10/30/2015)

1 Exhibit Transcript of August Hearing

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Oct. 30, 2015

Oct. 30, 2015

PACER
43

REPLY to Response to Motion re 37 MOTION to Compel by L.G., S.R. filed by L.G., S.R.. (Howard, Rickell) (Entered: 11/03/2015)

Nov. 3, 2015

Nov. 3, 2015

PACER
44

ORDER: Plaintiffs' motion to compel 37 is granted. The parties shall participate in Rule 26(f) conference by 11/10/2015 and shall produce their initial disclosures by 11/17/2015. Signed by Magistrate Judge J. Gregory Wehrman on 11/3/2015.(TJZ)cc: COR (Entered: 11/03/2015)

Nov. 3, 2015

Nov. 3, 2015

PACER
45

INITIAL DISCLOSURES for all Defendants, Jointly, by Kevin Sumner(in his individual capacity as School Resource Officer).(Sanders, Robert) (Entered: 11/13/2015)

Nov. 13, 2015

Nov. 13, 2015

PACER
46

ORDER: That a Formal Oral Argument Hearing, on all pending motions ( 29, 31, 36 ), is set for 12/18/2015 at 01:00 PM, Fifth Floor Courtroom, Federal Courthouse in Covington, Kentucky. Signed by Judge William O. Bertelsman on 11/23/2015.(ECO)cc: COR (Entered: 11/23/2015)

Nov. 23, 2015

Nov. 23, 2015

PACER
47

JOINT REPORT of Rule 26(f) Planning Meeting. (Sharp, William) (Entered: 11/23/2015)

Nov. 23, 2015

Nov. 23, 2015

PACER
48

NOTICE of Appearance by Marina Mazor on behalf of United States Department of Justice (Mazor, Marina) (Entered: 11/24/2015)

Nov. 24, 2015

Nov. 24, 2015

PACER
49

ORDER: 1) Fact discovery shall commence immediately and shall be completed by 3/24/16, with jt or separate status reports due the same date; 2) Plfs shall designate and provide required reports of their expert witnesses by 4/25/16; Defs shall designate their expert witnesses by 5/25/16 and shall provide required expert reports by 6/24/16. Expert discovery due by 7/25/16; 3) Dispositive motions due 8/25/16. Dates for the final pretrial conference and trial will be set, if necessary, upon the resolution of those dispositive motions; 4) All other aspects of the parties' Rule 26(f) report are adopted herein. Signed by Magistrate Judge J. Gregory Wehrman on 11/24/2015.(ECO)cc: COR (Entered: 11/24/2015)

Nov. 24, 2015

Nov. 24, 2015

PACER
50

NOTICE by Kevin Sumner(in his individual capacity as School Resource Officer) of Service of Subpoena Duces Tecum on Covington Independent Public Schools records custodian (Attachments: # 1 Supplement subpoena duces tecum to Covington Independent Schools, # 2 Supplement Continuation page for subpoena duces tecum)(Sanders, Robert) (Entered: 11/27/2015)

1 Supplement subpoena duces tecum to Covington Independent Schools

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2 Supplement Continuation page for subpoena duces tecum

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Nov. 27, 2015

Nov. 27, 2015

PACER
51

MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 12/1/2015 before Magistrate Judge J. Gregory Wehrman: Parties present as noted. IT IS ORDERED: By 12/7/2015, counsel for Plfs shall provide opposing counsel with damage assessment numbers for all claimed damages. (Court Reporter NONE.) (ECO)cc: COR (Entered: 12/01/2015)

Dec. 1, 2015

Dec. 1, 2015

PACER
52

NOTICE OF FILING by Kevin Sumner(in his individual capacity as School Resource Officer) re 50 Notice, of Cancellation of Records Deposition of CIP (Attachments: # 1 Exhibit Waiver of objection to subpoena for CIPS documents)(Sanders, Robert) (Entered: 12/08/2015)

1 Exhibit Waiver of objection to subpoena for CIPS documents

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Dec. 8, 2015

Dec. 8, 2015

PACER
53

NOTICE by Charles Korzenborn of issuance of subpoena to command production of documents from Kenton County Circuit Court Clerk, Hon, John Middleton (Attachments: # 1 Exhibit Subpoena Issued 12-11-2015)(Nordloh, Christopher) (Entered: 12/11/2015)

1 Exhibit Subpoena Issued 12-11-2015

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Dec. 11, 2015

Dec. 11, 2015

PACER
54

ORDER: Parties shall be prepared to discuss J.H. v. Bernalillo Co. No. 14-2068, 2015 WL 7597462 (10th Cir. 11/27/2015) at the upcoming oral argument. Signed by Judge William O. Bertelsman on 12/16/2015.(TJZ)cc: COR (Entered: 12/16/2015)

Dec. 16, 2015

Dec. 16, 2015

PACER
55

MINUTE ENTRY ORDER FOR AN ORAL ARGUMENT before Judge William O. Bertelsman: 1. Defendant, Kevin Sumner's Joint Motion to Exclude Statement of Interest of the United States for purposes of consideration of Defendants' Joint Motion to Dismiss 36 is DENIED 2. Plaintiff's Cross Motion for Judgment on the Pleadings 31 is DENIED WITHOUT PREJUDICE with leave to renew the arguments at the summary judgment stage. 3. Defendants, Charles Korzenborn and Kevin Sumner's Joint Motion to Dismiss for failure to state a claim 29 is TAKEN UNDER SUBMISSION (Court Reporter Peggy Weber.) (KRB)cc: COR (Entered: 12/18/2015)

Dec. 18, 2015

Dec. 18, 2015

PACER
56

NOTICE by L.G., S.R. Intent to serve subpoena duces tecum on Covington Ind. Public Schools (Attachments: # 1 Exhibit Subpoena issued 12/22/15)(Sharp, William) (Entered: 12/22/2015)

1 Exhibit Subpoena issued 12/22/15

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Dec. 22, 2015

Dec. 22, 2015

PACER
57

NOTICE by L.G., S.R. Intent to serve subpoena duces tecum on Ky. Assoc. of Sch. Resource Officers (Attachments: # 1 Exhibit Subpoena issued 12/22/15)(Sharp, William) (Entered: 12/22/2015)

1 Exhibit Subpoena issued 12/22/15

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Dec. 22, 2015

Dec. 22, 2015

PACER
58

ANSWER to Interrogatories by Kevin Sumner(in his official capacity as School Resource Officer).(Sanders, Robert) (Entered: 12/23/2015)

Dec. 23, 2015

Dec. 23, 2015

PACER
59

MEMORANDUM OPINION & ORDER; that defendants' joint motion to dismiss 29 be, and is hereby, DENIED WITHOUT PREJUDICE to renewing their arguments on summary judgment, after discovery has been completed. Signed by Judge William O. Bertelsman on 12/28/2015.(KRB)cc: COR (Entered: 12/28/2015)

Dec. 28, 2015

Dec. 28, 2015

RECAP
60

JOINT ANSWER to 1 Complaint, with Jury Demand by Kenton County Sheriff's Office, Charles Korzenborn, Kevin Sumner(in his official capacity as School Resource Officer), Kevin Sumner(in his individual capacity as School Resource Officer).(Nordloh, Christopher) (Entered: 12/29/2015)

Dec. 29, 2015

Dec. 29, 2015

PACER
61

SEALED MINUTE ENTRY ORDER held on 12/29/2015 before Magistrate Judge J. Gregory Wehrman: cc: COR for Pla and Defs Korzenborn and Sumner service by U.S. Mail on paper.. (Court Reporter none.) (LST) (Entered: 12/30/2015)

Dec. 29, 2015

Dec. 29, 2015

PACER
62

CONSENT MOTION for Order by Charles Korzenborn filed jointly by agreement with counsel for the Plaintiffs Motions referred to J. Gregory Wehrman. (Attachments: # 1 Proposed Order GRANTING in camera of state court records)(Nordloh, Christopher) (Entered: 12/30/2015)

1 Proposed Order GRANTING in camera of state court records

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Dec. 30, 2015

Dec. 30, 2015

PACER
63

ORDER; 1)The JOINT 62 Motion requesting an order granting in camera view by this Court of 3 state court confidential juvenile case records is GRANTED. Signed by Magistrate Judge J. Gregory Wehrman on 12/30/2015. (LST)cc: COR (Entered: 12/30/2015)

Dec. 30, 2015

Dec. 30, 2015

PACER
64

JOINT MOTION for Protective Order by L.G., S.R. Motions referred to J. Gregory Wehrman. (Attachments: # 1 Proposed Protective Order)(Center, Claudia) (Entered: 01/04/2016)

1 Proposed Protective Order

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Jan. 4, 2016

Jan. 4, 2016

PACER
65

AGREED PROTECTIVE ORDER: See Order for details. (Parties to comply with all aspects of Protective Order). Signed by Magistrate Judge J. Gregory Wehrman on 1/5/2016.(ECO)cc: COR (Entered: 01/05/2016)

Jan. 5, 2016

Jan. 5, 2016

PACER
66

NOTICE OF APPEARANCE by Kevin Sumner(in his individual capacity as School Resource Officer). (Sanders, Jeffrey) (Entered: 01/05/2016)

Jan. 5, 2016

Jan. 5, 2016

PACER
67

NOTICE by L.G., S.R. Intent to serve supboena duces tecum on Ky. Dept. of Criminal Justice Training (Attachments: # 1 Exhibit Subpoena issued 1/9/16)(Sharp, William) (Entered: 01/09/2016)

1 Exhibit Subpoena issued 1/9/16

View on PACER

Jan. 9, 2016

Jan. 9, 2016

PACER
68

NOTICE to Take Deposition of Joy Collins on 2/16/2016 9:00 am by L.G., S.R..(Sharp, William) (Entered: 01/27/2016)

Jan. 27, 2016

Jan. 27, 2016

PACER
69

NOTICE to Take Deposition of Sharon Craig on 2/16/2016 at 1:00 pm by L.G., S.R..(Sharp, William) (Entered: 01/27/2016)

Jan. 27, 2016

Jan. 27, 2016

PACER
70

NOTICE to Take Deposition of Maranda Meyer on 2/17/2016 at 9:00 am by L.G., S.R..(Sharp, William) (Entered: 01/27/2016)

Jan. 27, 2016

Jan. 27, 2016

PACER
71

NOTICE to Take Deposition of Joann Jones on 2/17/16 at 1:00 pm by L.G., S.R..(Sharp, William) (Entered: 01/27/2016)

Jan. 27, 2016

Jan. 27, 2016

PACER
72

NOTICE to Take Deposition of Ken Kippenbrock on 2/18/16 at 9:00 am by L.G., S.R..(Sharp, William) (Entered: 01/27/2016)

Jan. 27, 2016

Jan. 27, 2016

PACER
73

NOTICE to Take Deposition of Michael Shipley on 2/18/2016 at 1:00 pm by L.G., S.R..(Sharp, William) (Entered: 01/27/2016)

Jan. 27, 2016

Jan. 27, 2016

PACER
74

NOTICE to Take Deposition of Nicholas Staples on 2/19/2016 at 9:00 am by L.G., S.R..(Sharp, William) (Entered: 01/27/2016)

Jan. 27, 2016

Jan. 27, 2016

PACER
75

NOTICE to Take Deposition of Ashley Miller on 2/19/2016 at 1:00 by L.G., S.R..(Sharp, William) (Entered: 01/27/2016)

Jan. 27, 2016

Jan. 27, 2016

PACER
76

NOTICE to Take Deposition of Caroline Lee on 2/19/2016 at 3:00 pm by L.G., S.R..(Sharp, William) (Entered: 01/27/2016)

Jan. 27, 2016

Jan. 27, 2016

PACER
77

CORRECTED NOTICE to Take Deposition of Joann James on 2/17/2016 at 1:00 pm by L.G., S.R..(Sharp, William) (Entered: 01/28/2016)

Jan. 28, 2016

Jan. 28, 2016

PACER
78

SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re 61 Telephone Conference, Sealed Minute Entry by Kenton County Sheriff's Office (Nordloh, Christopher) (Entered: 01/28/2016)

Jan. 28, 2016

Jan. 28, 2016

PACER
79

SEALED CONSENT MOTION for Order Granting in Camera Review of Ohio State Court Confidential Domestic Relations Court Records by Kenton County Sheriff's Office, Charles Korzenborn, Kevin Sumner(in his official capacity as School Resource Officer) filed jointly by agreement of with counsel for Plaintiffs. Motions referred to J. Gregory Wehrman. (Attachments: # 1 Proposed Order)(ECO) Modified text on 2/5/2016 (ECO). (Entered: 02/04/2016)

Feb. 4, 2016

Feb. 4, 2016

PACER

***MOTION SUBMITTED TO CHAMBERS of J. Gregory Wehrman for review: re 79 MOTION for Order by Kenton County Sheriff's Office, Charles Korzenborn, Kevin Sumner(in his official capacity as School Resource Officer), Kevin Sumner(in his individual capacity as School Resource Officer) (ECO)

Feb. 4, 2016

Feb. 4, 2016

PACER
80

MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 2/4/2016. before Magistrate Judge J. Gregory Wehrman: Parties present as noted. IT IS ORDERED: 1) Justin Sanders shall submit a detailed agreed order to the court as soon as practicable regarding the Court's approval of tghe parties' request to obtain Hamilton County divorce records. All such Hamilton County records, as well as the previously subpoenaed Kenton County juvenile records, shall be deemed sealed and/or subject to the extant protective order. State court records will be maintained by Clerk of Court. Clerk will notify all counsel upon receipt of subpoenaed records. (See Minute Entry Order for details). (Court Reporter NONE.) (ECO)cc: COR (Entered: 02/04/2016)

Feb. 4, 2016

Feb. 4, 2016

PACER
81

ORDER: The parties' joint motion 79 requesting an order granting in camera review by this Court of confidential Ohio state court domestic realtions case records is GRANTED. Signed by Magistrate Judge J. Gregory Wehrman on 2/4/2016. (ECO)cc: COR (Entered: 02/04/2016)

Feb. 4, 2016

Feb. 4, 2016

PACER
82

NOTICE OF MANDATORY ECF DIRECTED TO Justin Sanders, an ECF Filing User re 79 SEALED CONSENT MOTION was RECEIVED AS A PAPER PLEADING AND FILED BY THE CLERK, which is in direct violation of this court's General Orders re: Mandatory ECF. Failure to comply will result in this matter being submitted to the Chief Judge. cc: COR (ECO) (Entered: 02/05/2016)

Feb. 5, 2016

Feb. 5, 2016

PACER

CLERK'S NOTE: Kenton County Clerk John Middleton hand-delivered juvenile cases bearing case numbers: 04-J-01170-002, 14-J-1726-001, 14-J-01727-001 per Order entered 12/30/2015 63 . Records maintained under seal in the Clerk's office. Attorneys of record may review the records in the clerk's office, per chambers.(TJZ)

Feb. 8, 2016

Feb. 8, 2016

PACER
83

NOTICE by L.G., S.R. Intent to serve subpoena duces tecum on Ky. Dept. of Criminal Justice Training (Attachments: # 1 Exhibit Subpoena)(Sharp, William) (Entered: 02/26/2016)

1 Exhibit Subpoena

View on PACER

Feb. 26, 2016

Feb. 26, 2016

PACER
84

NOTICE by L.G., S.R. Intent to serve subpoena duces tecum upon Crisis Solutions, Inc. (Attachments: # 1 Exhibit Subpoena)(Sharp, William) (Entered: 02/26/2016)

1 Exhibit Subpoena

View on PACER

Feb. 26, 2016

Feb. 26, 2016

PACER
85

MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 3/4/2016. before Magistrate Judge J. Gregory Wehrman: the matter is taken under submission pending the issuance of an order adjudicating the discoverability of the letter. (KRB)cc: COR (Entered: 03/04/2016)

March 4, 2016

March 4, 2016

PACER
86

MEMORANDUM ORDER: 1) The 6/10/2010 letter from the Cabinet for Health and Family Services to Kenton County Family Court Judge Mehling is discoverable. The parties also may arrange with the Clerk of Court to obtain copies of all state court records previously submitted for in camera review which the parties have agreed are discoverable. The usage of state court records in discovery shall occur subject to the extant protective order. Signed by Magistrate Judge J. Gregory Wehrman on 3/7/2016.(ECO)cc: COR (Entered: 03/07/2016)

March 7, 2016

March 7, 2016

PACER
87

NOTICE to Take Deposition of Sharon Craig on 03/21/2016 at 10:00 am by L.G., S.R..(Sharp, William) (Entered: 03/10/2016)

March 10, 2016

March 10, 2016

PACER
88

NOTICE OF FILING RESTRICTED EXHIBITS by Charles Korzenborn in support of re 65 Protective Order, Terminate Motions DVD of SR introduced as Maranda Meyer Dep Exh. 15 without objection (Nordloh, Christopher) (Entered: 03/14/2016)

March 14, 2016

March 14, 2016

PACER
89

CONVENTIONAL FILING received on behalf of Charles Korzenborn. DVD filed per re 88 Notice of Filing Restricted Exhibits. (MAINTAINED ON THE SHELF IN THE CLERK'S OFFICE) (ECO) (Entered: 03/14/2016)

March 14, 2016

March 14, 2016

PACER
90

MOTION for Leave to File by L.G., S.R. Amended Complaint Motions referred to J. Gregory Wehrman. (Attachments: # 1 Proposed Order granting motion for leave to file amended complaint, # 2 Exhibit 1 - Redlined version of Amended Complaint, # 3 Exhibit 2 - Amended Complaint)(Meyer, R.) (Entered: 03/15/2016)

1 Proposed Order granting motion for leave to file amended complaint

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2 Exhibit 1 - Redlined version of Amended Complaint

View on PACER

3 Exhibit 2 - Amended Complaint

View on PACER

March 15, 2016

March 15, 2016

PACER
91

AGREED ORDER: Plaintiffs' motion to file amended complaint 90 is granted. All defenses and objections previously raised by the defendants in their motion to dismiss the original complaint and in their answers to the complaint are preserved. The first amended complaint is deemed denied by the defendants and they need not file an answer. Signed by Magistrate Judge J. Gregory Wehrman on 3/15/2016. (TJZ)cc: COR (Entered: 03/16/2016)

March 15, 2016

March 15, 2016

PACER

Case Details

State / Territory: Kentucky

Case Type(s):

Education

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 3, 2015

Closing Date: 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Two minors with disabilities enrolled within elementary schools within the Covington Independent Public Schools District.

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

Kenton County Sheriff's Office (Covington, Kenton), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Outcome

Prevailing Party: Mixed

Nature of Relief:

Damages

Source of Relief:

Settlement

Litigation

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: $337,000

Issues

General:

Excessive force

Failure to train

Restraints : physical

Disability:

disability, unspecified

Medical/Mental Health:

Intellectual/Developmental Disability

Type of Facility:

Government-run