Case: McGee v. Pallito

5:04-cv-00335 | U.S. District Court for the District of Vermont

Filed Date: Dec. 9, 2004

Closed Date: July 14, 2017

Clearinghouse coding complete

Case Summary

On December 9, 2004, an inmate in the Vermont Department of Corrections filed this lawsuit pro se in the U.S. District Court District of Vermont. The plaintiff sued the Commissioner of the Vermont Department of Corrections and the Superintendents of Southern State Correctional Facility and Northern State Correctional Facility under 42 U.S.C. §1983. The pro se plaintiff sought declaratory relief stating the defendants’ actions were unlawful and violated the plaintiff’s rights, along with an injunction stopping the conduct itself. The plaintiff claimed that the defendants violated the Eighth Amendment and inflicted cruel and unusual punishment by illuminating cells with bright lights twenty-four hours per day, thus preventing him and other inmates from sleeping.

In September 2005, many other inmates attempted to join the suit by filing motions to intervene. The plaintiff filed a Notice of Class Action on September 15, 2005. However, the court denied these motions and issued an order denying class certification because Plaintiff was pro se on September 26, 2005. After the plaintiff filed three motions for appointment of counsel, the court finally appointed counsel on December 1, 2005.

Over the next several months, more inmates filed motions to intervene, which were granted by the court. The plaintiff filed a new motion for class certification on July 11, 2006. On October 16, 2006, the court granted the plaintiff’s motion for class certification shortly after a report and recommendation from Magistrate Judge Jerome J. Niedermeier. 2006 WL 2975752. The class consisted of inmates: "who have been subjected, are currently being subjected, or who will be subjected to constant illumination in Vermont prison cells and who suffer injuries as a result."

The plaintiff filed a second amended complaint on April 16, 2007. After about two years of discovery, the defendant filed a motion for summary judgment on April 30, 2009. The court granted the defendant’s motion for summary judgment on December 20, 2010. 2010 WL 5389996.

The plaintiff appealed the summary judgment order to the Second Circuit on April 11, 2011. On appeal, the plaintiff argued that the district court appointed class counsel whose performance was deficient. The Second Circuit agreed and found that the district court abused its discretion in appointing the class counsel because it did not consider counsel’s inexperience in class actions and the lack of resources for counsel to litigate the case properly. In addition, the Second Circuit vacated the summary judgment order and remanded the case for further proceedings. On remand, the district court appointed new class counsel for the plaintiffs.

After further discovery, the parties came to a settlement agreement that was approved by the court on July 12, 2017. The settlement required that the correction facilities keep the lights dim, make sleep masks available to inmates, provide sleep masks, and pay $50,000 in attorneys’ fees. On July 14, 2017, the court ordered the case dismissed with prejudice, costs, and attorney’s fees in accordance with the settlement agreement. The parties agreed that the settlement agreement met the requirements of the Prison Litigation Reform Act (18 U.S.C. § 3626). The PLRA provides that the settlement is terminable upon motion of any party two years after the date the court approved the settlement agreement. As of April 2021, there was no further activity on the case and the settlement agreement remained in place. The case is presumably closed.

Summary Authors

Katie Chan (10/12/2017)

Emma Himes (11/27/2019)

Rachel Harrington (4/15/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4536955/parties/mcgee-v-gold/

Judge(s)

Crawford, Geoffrey William (Vermont)

Attorney for Plaintiff

Esq., Todd D. (Vermont)

Esq., Timothy W. (Vermont)

Attorney for Defendant

Esq., David R. (Vermont)

Expert/Monitor/Master/Other

Esq., Richard T. (Vermont)

Judge(s)

Crawford, Geoffrey William (Vermont)

Murtha, John Garvan (Vermont)

Niedermeier, Jerome J. (Vermont)

Attorney for Plaintiff

Esq., Todd D. (Vermont)

Esq., Timothy W. (Vermont)

Esq., Kenneth A. (Vermont)

Esq., William J. (Vermont)

Franklin, Gary L. (Vermont)

Hoover, Timothy W. (New York)

Lipschutz, Seth E. (Vermont)

Maguire, Daniel R. (New York)

Manning, Kenneth A. (New York)

Ritschdorff, Todd A. (New York)

Schlossberg, Todd D. (Vermont)

Seibert, Dawn M. (Vermont)

Sexton, Jacob (Vermont)

Simon, William J. (New York)

Valerio, Matthew F. (Vermont)

Attorney for Defendant

Esq., David R. (Vermont)

Mclean, David R. (Vermont)

Schwendler, April E. (Vermont)

Viens, Mathew L. (Vermont)

Other

Esq., Richard T. (Vermont)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

5:04-cv-00335	Docket [PACER] McGee v. Gold	July 14, 2017	July 14, 2017 Docket
6 5:04-cv-00335	Complaint McGee v. Gold	Dec. 9, 2004	Dec. 9, 2004 Complaint
83 5:04-cv-00335	Notice of Class Action Lawsuit McGee v. Gold	Sept. 19, 2005	Sept. 19, 2005 Other
92 5:04-cv-00335	Order McGee v. Gold	Sept. 26, 2005	Sept. 26, 2005 Order/Opinion
181 5:04-cv-00335	Motion for Class Certification McGee v. Hofmann	July 7, 2006	July 7, 2006 Pleading / Motion / Brief
188-1 5:04-cv-00335	Magistrate Judge's Report and Recommendation McGee v. Hofmann	Sept. 25, 2006	Sept. 25, 2006 Magistrate Report/Recommendation
195 5:04-cv-00335	Second Amended Complaint for Declaratory and Injunctive Relief McGee v. Hofmann	April 16, 2007	April 16, 2007 Complaint
288 5:04-cv-00335	Order	Dec. 20, 2010	Dec. 20, 2010 Order/Opinion 2010 WL 5389996
298 5:04-cv-00335	Memorandum and Order	March 30, 2011	March 30, 2011 Order/Opinion 2011 WL 1211514
303 5:04-cv-00335	Notice of Appeal Kimber v. Pallito	April 5, 2011	April 5, 2011 Pleading / Motion / Brief

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4536955/mcgee-v-gold/

Last updated Nov. 3, 2026, 1 a.m.

Docket for: McGee v. Gold

ECF Number	Date	Description	Link
1	Dec. 8, 2004	MOTION by pltf David McGee for Leave to Proceed in Forma Pauperis (law) (Entered: 12/08/2004)	RECAP
2	Dec. 8, 2004	APPLICATION TO PROCEED WITHOUT PREPAYMENT AND AFFIDAVIT of David McGee by pltf David McGee re: [1-1] motion for Leave to Proceed in Forma Pauperis (law) (Entered: 12/08/2004)	RECAP
3	Dec. 8, 2004	NOTICE OF PRO SE APPEARANCE by plaintiff David McGee (law) (Entered: 12/08/2004)	RECAP
15	Dec. 8, 2004	CASE REFERRED to Magistrate Judge Jerome J. Niedermeier. (jjj, ) (Entered: 03/01/2005)	RECAP
	Dec. 8, 2004	File sent to Burlington (law)
4	Dec. 9, 2004	ORDER ON FEE PAYMENT re: [1-1] motion for Leave to Proceed in Forma Pauperis ; Cy to parties and Comr of Corrections (law) (Entered: 12/09/2004)	RECAP
5	Dec. 9, 2004	ORDER granting [1-1] motion for Leave to Proceed in Forma Pauperis ( District Judge J. G. Murtha ) [EOD Date 12/9/04] Cy to parties (law) (Entered: 12/09/2004)	RECAP
6	Dec. 9, 2004	COMPLAINT ; filing fee - IFP (waiver(s) Issued) (law) (Entered: 12/09/2004)	RECAP
7	Dec. 9, 2004	MOTION by pltf David McGee for Appointment of Counsel (law) (Entered: 12/09/2004)	RECAP
8	Jan. 12, 2005	NOTICE of Change of Address by David McGee (law, ) (Entered: 01/12/2005)	RECAP
9	Jan. 28, 2005	WAIVER OF SERVICE Returned Executed by David McGee. Celeste Girrell (Official Capacity) waiver sent on 12/27/2004, answer due 2/25/2005. (jlh, ) (Entered: 01/28/2005)	RECAP
10	Jan. 28, 2005	WAIVER OF SERVICE Returned Executed by David McGee, as to Celeste Girrell (Individual Capacity). (jlh, ) (Entered: 01/28/2005)	RECAP
11	Jan. 31, 2005	WAIVER OF SERVICE Returned Executed by David McGee. Steven Gold served in both individual and official capacities. Waiver sent on 12/27/2004, answer due 2/25/2005. (jse, ) (Entered: 02/03/2005)	RECAP
12	Feb. 4, 2005	SECOND SUPPLEMENT TO MOTION FOR APPOINMENT OF COUNSEL by David McGee, in support of 7 Motion to Appoint Counsel. (Attachments: # 1 Attatchment)(jlh, ) (Entered: 02/04/2005)	RECAP
13	Feb. 4, 2005	WAIVER OF SERVICE Returned Executed by David McGee as to Keith Tallon in both his individual and official capacity. Keith Tallon waiver sent on 12/27/2004, answer due 2/25/2005. (jlh, ) (Entered: 02/07/2005)	RECAP
14	Feb. 23, 2005	MOTION to Dismiss by Steven Gold, Keith Tallon, Celeste Girrell. Responses due by 3/9/2005 (jlh, ) (Entered: 02/23/2005)	RECAP
16	March 14, 2005	MOTION for Extension of Time to File Response/Reply as to 14 MOTION to Dismiss AND for Injunction to Allow Communication by David McGee. Responses due by 3/28/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, ) (Entered: 03/14/2005)	RECAP
17	March 14, 2005	MOTION for Injuction to allow communication by David McGee. Responses due by 3/28/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, ) (Entered: 03/28/2005)	RECAP
18	March 25, 2005	RESPONSE in Opposition in re 17 MOTION for Injuction to allow communication filed by David McGee. (jlh, ) Additional attachment(s) added on 4/1/2005 (jse, ). (Entered: 03/28/2005)	RECAP
19	March 25, 2005	MOTION to Be Added as a Co-Plaintiff by Frederick R Reed. Responses due by 4/8/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (law, ) (Entered: 03/29/2005)	RECAP
20	March 25, 2005	MOTION to Be Added as a Co-Plaintiff by Leroy W. Hughes. Responses due by 4/8/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (law, ) (Entered: 03/29/2005)	RECAP
21	March 25, 2005	MOTION to Be Added as a Co-Plaintiff by Alfonso Garcia. Responses due by 4/8/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (law, ) (Entered: 03/29/2005)	RECAP
22	March 29, 2005	MOTION to Be Added as a Co-Plaintiff by James Anderson. Responses due by 4/12/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, ) (Entered: 03/29/2005)	RECAP
23	March 29, 2005	MOTION to Be Added as a Co-Plaintiff by Daniel Muir. Responses due by 4/12/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, ) (Entered: 03/29/2005)	RECAP
24	March 29, 2005	MOTION to Be Added as Co-Plaintiff by Donald Cross. Responses due by 4/12/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, ) (Entered: 03/29/2005)	RECAP
25	March 29, 2005	MOTION to be Added as Co-Plaintiff by Mark D Dunbar. Responses due by 4/12/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, ) (Entered: 03/29/2005)	RECAP
	March 29, 2005	MAILED copy of Document Numbers 19, 20 and 21 to Matthew Viens, Esq. for defendants. (law, )
	March 29, 2005	MAILED copy of Doc No. 22 through Doc No 25 to Matthew Viens, Esq on behalf of defendant. (jlh, )
26	March 30, 2005	ORDER granting 16 Motion for Extension of Time to File Response/Reply re 14 MOTION to Dismiss Responses due by 5/10/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1.. Signed by Judge Jerome J. Niedermeier on 3/30/05. (This is a text only Order.) (jjj, ) (Entered: 03/30/2005)	RECAP
27	March 30, 2005	ORDER denying 17 Motion to allow plaintiff to communicate with other inmates. Granting 16 Motion for an extension of time to respond to the defendants' motion to dismiss. Plaintiff shall file his reply to the motion to dismiss by 5/13/2005. Signed by Judge Jerome J. Niedermeier on 3/30/2005. (jlh, ) (Entered: 03/30/2005)	RECAP
28	May 2, 2005	MOTION for Extension of Time to File Response/Reply as to 14 MOTION to Dismiss by David McGee. Responses due by 5/16/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, ) (Entered: 05/02/2005)	RECAP
29	May 2, 2005	DECLARATION of David McGee in re: 28 MOTION for Extension of Time to File Response/Reply as to 14 MOTION to Dismiss by David McGee.. (jlh, ) Additional attachment(s) added on 5/2/2005 (jse, ). (Entered: 05/02/2005)	RECAP
30	May 2, 2005	CERTIFICATE OF SERVICE by David McGee in re: Second Supplement to Motion for Appointment of Counsel, Second motion for an extension of time and declaration in support of motion for extension of time and claim of denial of access to courts with 23 attachments. (jlh, ) (Entered: 05/02/2005)	RECAP
31	May 9, 2005	ORDER granting 19 Motion to Intervene, granting 20 Motion to Intervene, granting 21 Motion to Intervene, granting 22 Motion to Intervene, granting 23 Motion to Intervene, granting 24 Motion to Intervene, granting 25 Motion to Intervene . Signed by Judge Jerome J. Niedermeier on 05/09/05. (This is a text only Order.) (mld, ) (Entered: 05/09/2005)	RECAP
32	May 11, 2005	ORDER granting 28 Motion for Extension of Time to File Response/Reply re 14 MOTION to Dismiss. Signed by Judge Jerome J. Niedermeier on 05/11/05. (This is a text only Order.) (mld, ) (Entered: 05/11/2005)	RECAP
	May 11, 2005	Reset Response Deadline as to 14 MOTION to Dismiss. Responses due by 6/10/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, )
33	May 13, 2005	MOTION for Preliminary Injunction by David McGee. Responses due by 5/27/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, ) (Entered: 05/16/2005)	RECAP
34	May 13, 2005	MEMORANDUM by David McGee in support of 28 MOTION for Extension of Time to File Response/Reply as to 14 MOTION to Dismiss. (This is the same filing as Doc No. 33). (jlh, ) (Entered: 05/16/2005)	RECAP
35	May 13, 2005	MEMORANDUM by David McGee in support of 28 MOTION for Extension of Time to File Response/Reply as to 14 MOTION to Dismiss, 33 MOTION for Preliminary Injunction. (Attachments: # 1 Attachment 1# 2 Attachment 2)(jlh, ) (Entered: 05/16/2005)	RECAP
37	May 23, 2005	MOTION for Permissive Joinder by David McGee and Byron Martin to join case with 1:05-cv-28. Responses due by 6/7/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, ) Modified on 5/26/2005 (jse, ). (Entered: 05/25/2005)	RECAP
38	June 7, 2005	RESPONSE in Opposition in re 37 MOTION for Joinder filed by Steven Gold, Keith Tallon, Celeste Girrell. (jlh, ) (Entered: 06/08/2005)	RECAP
39	June 21, 2005	REPORT AND RECOMMENDATIONS in re 37 MOTION for Joinder filed by David McGee, 33 MOTION for Preliminary Injunction filed by David McGee, 14 MOTION to Dismiss filed by Celeste Girrell,, Keith Tallon,, Steven Gold, 7 Motion to Appoint Counsel filed by David McGee. Objections to R&R due by 7/6/2005. Signed by Judge Jerome J. Niedermeier on 6/21/2005. (jlh, ) (Entered: 06/21/2005)	RECAP
40	June 28, 2005	MOTION to Appoint Counsel by James Anderson. Responses due by 7/13/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, ) (Entered: 06/28/2005)	RECAP
41	July 6, 2005	MOTION to be added as Co-Plaintiff by Christopher Alan Smith. Responses due by 7/20/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (No Certificate of Service provided with this filing. Copy of motion sent to Defendants)(jlh, ) (Entered: 07/08/2005)	RECAP
42	July 8, 2005	OBJECTION to 39 Report and Recommendations by David McGee. (jlh, ) (Entered: 07/08/2005)	RECAP
43	July 8, 2005	MOTION to Appoint Counsel, MOTION for Class Action Certification in re 6 Complaint by David McGee. Responses due by 7/22/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, ) (Entered: 07/08/2005)	RECAP
44	July 8, 2005	DECLARATION of David McGee in support of 43 MOTION to Appoint Counsel MOTION for Class Action Certification in re 6 Complaint by David McGee. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E)(jlh, ) (Entered: 07/08/2005)	RECAP
45	July 8, 2005	RESPONSE in Opposition in re 14 MOTION to Dismiss filed by David McGee. (THIS IS THE SAME IMAGE AS PREVIOUS ENTRY) (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E)(jlh, ) (Entered: 07/08/2005)	RECAP
46	July 8, 2005	PLAINTIFF'S MEMORANDUM OF LAW IN SUPPORT OF JUSTICIABILITY OF CLAIMS AND CLASS ACTION ALLEGATIONS, AND IN OPPOSITION TO DEFENDANT'S MOTION TO DISMISS PURSUANT TO F.R.C.P. 12(b)(1) by David McGee in support of 45 Response in Opposition to Motion, 43 MOTION to Appoint Counsel MOTION for Class Action Certification in re 6 Complaint. (Attachments: # 1 Main Document - Part 2 of 2)(jlh, ) (Entered: 07/08/2005)	RECAP
47	July 8, 2005	RESPONSE in Opposition in re 14 MOTION to Dismiss filed by David McGee. (jlh, ) (Entered: 07/08/2005)	RECAP
48	July 8, 2005	RESPONSE in Opposition in re 14 MOTION to Dismiss filed by David McGee. (jlh, ) (Entered: 07/08/2005)	RECAP
49	July 8, 2005	MOTION to Amend 6 Complaint by David McGee. Responses due by 7/22/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, ) (Entered: 07/08/2005)	RECAP
50	July 13, 2005	ORDER ADOPTING REPORT AND RECOMMENDATIONS 39 - granting in part & denying in part 37 Motion for Permissive Joinder filed by David McGee and Byron Martin (the Court will not consolidate this case brought by Martin but Martin will be added as an intervenor-pltf); denying as moot 33 Motion for Preliminary Injunction filed by David McGee and 7 Motion for Appointment of Counsel; granting 14 Motion to Dismiss filed by Celeste Girrell, Keith Tallon, Steven Gold as to pltf McGee (this case shall not be dismissed w/respect to the intervenor-pltfs). Signed by Judge J. Garvan Murtha on 13th day of June, 2005. (law, ) (Entered: 07/13/2005)	RECAP
51	Aug. 12, 2005	NOTICE OF INTERLOCUTORY APPEAL as to 50 Order Adopting Report and Recommendations, by David McGee, pro se. Filing fee: Not paid. Court Reporter: None. (cwb) (Entered: 08/12/2005)	RECAP
52	Aug. 12, 2005	MOTION for Reconsideration 50 Order Adopting Report and Recommendations re: Appeal by David McGee. Responses due by 8/26/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (wjf, ) (Entered: 08/15/2005)	RECAP
53	Aug. 16, 2005	ORDER granting 52 Motion for Reconsideration. Upon reconsideration, the Court's prior ruling is AFFIRMED. Signed by Judge J. Garvan Murtha on 8/16/2005. (This is a text only Order.) (kbl, ) (Entered: 08/16/2005)	RECAP
54	Aug. 16, 2005	ORDER granting 41 Motion to Intervene, granting 49 Motion to Amend. McGee shall file his amended complaint within 30 days of the date of this Order. The defendants shall provide to the Court, within 30 days of the date of this Order, facts pertaining to constant illumination in Vermont prisons as set forth in this order. Signed by Judge Jerome J. Niedermeier on 8/16/2005. (jlh, ) (Entered: 08/16/2005)	RECAP
55	Aug. 24, 2005	MOTION to Reconsider 54 Order (granting 41 Motion to Intervene, granting 49 Motion to Amend) by Steven Gold, Keith Tallon, Celeste Girrell. Responses due by 9/8/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (law) (Entered: 08/25/2005)	RECAP
56	Aug. 29, 2005	Appeal Record Sent to USCA (Electronic File). Indexed record on Appeal Files for 51 Notice of Interlocutory Appeal, were transmitted to the U.S. Court of Appeals. (cwb) (Entered: 08/29/2005)	RECAP
57	Sept. 12, 2005	MOTION to Intervene by Paul Mason. Responses due by 9/26/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, ) (Entered: 09/12/2005)	RECAP
58	Sept. 12, 2005	MOTION to Intervene by Daniel Wilder. Responses due by 9/26/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, ) (Entered: 09/12/2005)	RECAP
59	Sept. 12, 2005	MOTION to Intervene by Jake Desjadon. Responses due by 9/26/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, ) (Entered: 09/12/2005)	RECAP
60	Sept. 12, 2005	MOTION to Intervene by Jose M. Torres, Jr. Responses due by 9/26/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, ) (Entered: 09/12/2005)	RECAP
61	Sept. 12, 2005	MOTION to Intervene by Robert Phelps. Responses due by 9/26/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, ) (Entered: 09/12/2005)	RECAP
62	Sept. 12, 2005	RESPONSE in Opposition in re 55 MOTION for Reconsideration in re 54 Order on Motion to Intervene, Order on Motion to Amend, filed by David McGee. (jlh, ) (Entered: 09/12/2005)	RECAP
63	Sept. 13, 2005	MOTION to Intervene by Travis Marsh. Responses due by 9/27/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, ) (Entered: 09/13/2005)	RECAP
64	Sept. 13, 2005	MOTION to Intervene by Kevin Kimber. Responses due by 9/27/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, ) (Entered: 09/13/2005)	RECAP
65	Sept. 13, 2005	MOTION to Intervene by William Beattie. Responses due by 9/27/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, ) (Entered: 09/13/2005)	RECAP
66	Sept. 13, 2005	MOTION to Intervene by David Harrison. Responses due by 9/27/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, ) (Entered: 09/13/2005)	RECAP
67	Sept. 13, 2005	MOTION to Intervene by Ronald Real. Responses due by 9/27/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, ) (Entered: 09/13/2005)	RECAP
68	Sept. 13, 2005	MOTION to Intervene by Ernie Sinclair. Responses due by 9/27/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, ) (Entered: 09/13/2005)	RECAP
69	Sept. 13, 2005	MOTION to Intervene by Sean Duffey, Sr. Responses due by 9/27/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, ) (Entered: 09/13/2005)	RECAP
70	Sept. 13, 2005	MOTION to Intervene by Warren Thompson. Responses due by 9/27/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, ) (Entered: 09/13/2005)	RECAP
71	Sept. 13, 2005	MOTION to Intervene by Steven Gay. Responses due by 9/27/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, ) (Entered: 09/13/2005)	RECAP
72	Sept. 13, 2005	MOTION to Intervene by Timothy J Arbuckle. Responses due by 9/27/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, ) (Entered: 09/13/2005)	RECAP
73	Sept. 13, 2005	MOTION to Intervene by Ervin Snide. Responses due by 9/27/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, ) (Entered: 09/13/2005)	RECAP
74	Sept. 13, 2005	MOTION to Intervene by David Haselton. Responses due by 9/27/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, ) (Entered: 09/13/2005)	RECAP
75	Sept. 13, 2005	MOTION to Intervene by Brian Coyle. Responses due by 9/27/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, ) (Entered: 09/13/2005)	RECAP
76	Sept. 13, 2005	MOTION to Intervene by Arthur Magoon. Responses due by 9/27/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, ) (Entered: 09/13/2005)	RECAP
77	Sept. 13, 2005	MOTION to Intervene by Amos Wallen. Responses due by 9/27/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, ) (Entered: 09/13/2005)	RECAP
78	Sept. 13, 2005	MOTION to Intervene by Stephen Bain. Responses due by 9/27/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, ) (Entered: 09/13/2005)	RECAP
79	Sept. 13, 2005	MOTION to Intervene by Richard Pahl. Responses due by 9/27/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, ) (Entered: 09/13/2005)	RECAP
80	Sept. 13, 2005	MOTION to Intervene by Lance Mason. Responses due by 9/27/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, ) (Entered: 09/13/2005)	RECAP
81	Sept. 14, 2005	MOTION to Intervene by Lane Gershameck. Responses due by 9/28/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, ) (Entered: 09/14/2005)	RECAP
82	Sept. 15, 2005	MOTION to Intervene by Douglas Sargent. Responses due by 9/29/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, ) (Entered: 09/15/2005)	RECAP
83	Sept. 15, 2005	NOTICE OF CLASS ACTION LAWSUIT by Dana Eaton (jlh, ) (Entered: 09/15/2005)	RECAP
84	Sept. 15, 2005	MOTION to Intervene by Dana Eaton. Responses due by 9/29/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, ) (Entered: 09/15/2005)	RECAP
85	Sept. 15, 2005	MOTION to Intervene by Patrick Zivitski. Responses due by 9/29/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, ) (Entered: 09/15/2005)	RECAP
86	Sept. 15, 2005	MOTION to Intervene by Kevin vargas. Responses due by 9/29/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, ) (Entered: 09/15/2005)	RECAP
87	Sept. 16, 2005	RESPONSE to 54 Order by Steven Gold, Keith Tallon, Celeste Girrell. (jlh, ) (Entered: 09/16/2005)	RECAP
88	Sept. 20, 2005	MOTION to Intervene by Alfred Brochu. Responses due by 10/4/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, ) (Entered: 09/20/2005)	RECAP
89	Sept. 20, 2005	MOTION to Intervene by Jeremy Robitaille. Responses due by 10/4/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, ) (Entered: 09/20/2005)	RECAP
90	Sept. 22, 2005	MOTION to Extend Time to file Amended Complaint by David McGee. Responses due by 10/6/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, ) (Entered: 09/22/2005)	RECAP
91	Sept. 23, 2005	ORDER granting 90 Motion to Extend Time until October 5. Signed by Judge Jerome J. Niedermeier on 09/23/05. (This is a text only Order.) (mld) (Entered: 09/23/2005)	RECAP
	Sept. 23, 2005	Set Deadlines: Amended Complaint due by 10/5/2005. (jlh, )
92	Sept. 26, 2005	ORDER denying 40 Motion to Appoint Counsel. Denying 43 Motion to Appoint Counsel. Denying 43 Motion for Class Certification. Granting 55 Motion for Reconsideration, and the Court's prior ruling (Doc No 54) is Affirmed. Granting the Motions to Intervene (Doc Nos 57-61, 63-82, 84-86, 88-89). Signed by Judge Jerome J. Niedermeier on 9/26/2005. (jlh, ) (Entered: 09/26/2005)	RECAP
93	Sept. 27, 2005	Mail Returned as Undeliverable in re: 91 Order on Motion to Extend Time. Mail sent to Lane Gershameck (jlh, ) (Entered: 09/28/2005)	RECAP
94	Sept. 29, 2005	MOTION to Intervene by Brian K. LeClair. Responses due by 10/14/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, ) (Entered: 09/29/2005)	RECAP
95	Sept. 29, 2005	MOTION to Intervene by Raymond Allard. Responses due by 10/14/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, ) (Entered: 09/29/2005)	RECAP
96	Sept. 29, 2005	MOTION to Intervene by Danual J. Morrow. Responses due by 10/14/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, ) (Entered: 09/29/2005)	RECAP

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Case Details

State / Territory:

Vermont

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Post-PLRA enforceable consent decrees

Post-WalMart decisions on class certification

Key Dates

Filing Date: Dec. 9, 2004

Closing Date: July 14, 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Prisoners who have been subjected, are currently being subjected, or who will be subjected to constant illumination in Vermont prison cells and who suffer injuries as a result.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State

Vermont Department of Corrections

Defendant Type(s):

Corrections

Facility Type(s):