Case: Luse v. Sentinel Offender Services

2:16-cv-00030 | U.S. District Court for the Northern District of Georgia

Filed Date: Feb. 17, 2016

Closed Date: 2017

Clearinghouse coding complete

Case Summary

On February 17, 2016, two women on probation in White County, represented by the Southern Center for Human Rights, sued the private probation company Sentinel Offender Services (Sentinel) in a class action in the U.S. Northern District of Georgia pursuant to 42 U.S.C. § 1983 and Georgia law. The plaintiffs claimed that they were forced by Sentinel to submit to, and pay for, unauthorized urine sample drug tests in violation of their due process and privacy rights, and in violation of their right against unreasonable seizure. The plaintiffs also challenged Sentinel’s practice of coercing payments with false threats of immediate incarceration, charging that this practice constituted conversion under state law, fraud, and tortious coercion. They requested monetary, injunctive, and declaratory relief.

Both of the plaintiffs had pled guilty to traffic violations in White County Probate Court and were placed on probation. In neither case did the judge order drug testing. When the county’s probation contractor Sentinel drug tested the plaintiffs, it did not go back to the judge and obtain an order for any of the nine tests conducted. To complete the tests, the women were required to urinate in plain view of a Sentinel officer.

The plaintiff claimed that she did not have the available funds ($60 in total) to pay for the drug tests, but was forced to borrow money from relatives after a Sentinel officer threatened that she would report the plaintiff to the County to have her incarcerated. Another plaintiff similarly refused to submit to the tests initially, but eventually submitted to five tests ($95) after a similar threat from the defendant's employee. At no point were the plaintiffs able to challenge the legality of paying for and submitting to the tests.

The complaint sought to certify the following class: "all persons with criminal charges requiring them to appear in the White County Probate Court who are, were, or in the future will be subject to the Defendants’ practice of requiring probationers to submit to and pay for drug tests, in the absence of any court order authorizing such drug tests."

On February 26, 2016, the plaintiffs moved for a preliminary injunction, seeking to enjoin the defendants from requiring the probationers to take unauthorized drug tests while the case was pending. That same day, they also moved to certify the class defined above.

The case was assigned to Judge Richard W. Story on February 29, 2016. The plaintiffs filed an amended complaint on April 1, 2016.

On June 8, 2016, the court stayed further proceedings pending mediation. The court also denied the motion for certification as moot on July 15, but allowed the parties to refile it pending the outcome of mediation.

On August 14, 2017, the court issued a consent order resolving the plaintiffs' injunctive relief claims. The consent order created the following requirements: (1) the defendants could not require probationers to submit to a drug screening that was not specifically authorized by a written order of the court; (2) the defendants could not "threaten probationers with jail solely for failure to pay fines, supervision fees, or other monetary obligations;" (3) the defendants were forbidden from directing probationers to borrow money to pay monetary obligations and from impeding probation modifications in general; and (4) the defendants were to verbally and in writing inform probationers that their probation may be modified to accommodate hardships. The consent order also provided for probation officer training and protocol in the event of the possibility of probation modification. The court retained jurisdiction over the enforcement of the consent order, though no end date was provided.

On August 21, 2017, the court granted final approval of the class settlement after conducting a fairness hearing as to the plaintiffs' damages claims. The settlement applied to the following class of individuals who meet the following requirements: "(1) the person was sentenced to probation by the Probate Court of White County, Georgia; (2) the person's sentencing order did not specifically authorize drug testing; (3) the person was subjected to drug testing by Defendants on or after February 17, 2012; and (4) the person was not under a written order by another court specifically requiring the person to submit to drug testing by Defendants." This class, consisting of 276 individuals, was the group of people eligible to receive damages. The Settlement required the defendants to make available an $80,000 fund to reimburse these class members both restitution in the form of interest and damages of up to $90 per unauthorized drug test. The agreement also provided that defendants were to pay attorneys' fees of $25,000.

The case is now closed.

show full summary

Summary Authors

Dan Hofman (3/30/2016)

Virginia Weeks (1/27/2018)

Justin Hill (11/6/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4243058/parties/luse-v-sentinel-offender-services-llc/

Judge(s)

Attorney for Plaintiff

Geraghty, Sarah E. (Georgia)

Attorney for Defendant

Coleman, Susan E (Georgia)

Gray, Harvey Scott (Georgia)

Gruenberg, Kristina Doan (Georgia)

Hecht, Gregory Keith (Georgia)

Judge(s)

Story, Richard W. (Georgia)

Attorney for Plaintiff

Geraghty, Sarah E. (Georgia)

Primerano, Ryan (Georgia)

Weber, Gerald R. (Georgia)

Attorney for Defendant

Coleman, Susan E (Georgia)

Gray, Harvey Scott (Georgia)

Gruenberg, Kristina Doan (Georgia)

Hecht, Gregory Keith (Georgia)

St. Amand, Michael D. (Georgia)

Zicarelli, Jacob Michael (Georgia)

Attorney Contact Information via CourtListener

show all people

Documents in the Clearinghouse

	Document
2:16-cv-00030	Docket [PACER] Luse v. Sentinel Offender Services, LLC	Aug. 22, 2017	Aug. 22, 2017 Docket
1 2:16-cv-00030	Complaint Luse v. Sentinel Offender Services, LLC	Feb. 17, 2016	Feb. 17, 2016 Complaint
17 2:16-cv-00030	Verified Amended Complaint	April 1, 2016	April 1, 2016 Complaint
40 2:16-cv-00030	Consent Order	Aug. 14, 2017	Aug. 14, 2017 Order/Opinion
42 2:16-cv-00030	Order Granting Final Approval of Class Settlement	Aug. 21, 2017	Aug. 21, 2017 Order/Opinion

show / hide documents

Resources

Title	Description		External URL Date / External URL
DOJ Dear Colleague Letter to Courts Regarding Fines and Fees for Youth and Adults U.S. Department of Justice	The DOJ issued a Dear Colleague letter for state and local courts and juvenile justice agencies regarding the imposition and enforcement of fines and fees for adults and youth. The letter highlights …	April 20, 2023	April 20, 2023 https://www.justice.gov/...

show / hide resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4243058/luse-v-sentinel-offender-services-llc/

Last updated May 5, 2024, 3:08 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT with Jury Demand, filed by Rita Sanders Luse, Marianne Ligocki. ( Filing fee $ 400.00 receipt number 113E-6293592.) (Attachments: # 1 Exhibit A - Contract, # 2 Exhibit B - Luse Disposition, # 3 Exhibit C - Ligocki Disposition, # 4 Civil Cover Sheet)(rsg) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form. (Entered: 02/17/2016) 1 Exhibit A - Contract View on PACER 2 Exhibit B - Luse Disposition View on PACER 3 Exhibit C - Ligocki Disposition View on PACER 4 Civil Cover Sheet View on PACER	Feb. 17, 2016	Feb. 17, 2016 RECAP
2	Electronic Summons Issued as to Sentinel Offender Services, LLC, Stacy McDowell-Black. (Attachments: # 1 Summons Stacy McDowell-Black) (rsg) (Entered: 02/17/2016) 1 Summons Stacy McDowell-Black View on PACER	Feb. 17, 2016	Feb. 17, 2016 PACER
3	Certificate of Interested Persons by Marianne Ligocki, Rita Sanders Luse. (Primerano, Ryan) (Entered: 02/23/2016)	Feb. 23, 2016	Feb. 23, 2016 PACER
4	Return of Service Executed by Rita Sanders Luse, Marianne Ligocki. Stacy McDowell-Black served on 2/18/2016, answer due 3/10/2016. (Primerano, Ryan) (Entered: 02/25/2016)	Feb. 25, 2016	Feb. 25, 2016 PACER
5	MOTION for Preliminary Injunction with Brief In Support by Marianne Ligocki, Rita Sanders Luse. (Attachments: # 1 Brief in Supp. of Prelim. Inj.)(Primerano, Ryan) (Entered: 02/26/2016) 1 Brief in Supp. of Prelim. Inj. View on PACER	Feb. 26, 2016	Feb. 26, 2016 PACER
6	MOTION to Certify Class with Brief In Support by Marianne Ligocki, Rita Sanders Luse. (Attachments: # 1 Brief in Supp. of Class Certification)(Primerano, Ryan) (Entered: 02/26/2016) 1 Brief in Supp. of Class Certification View on PACER	Feb. 26, 2016	Feb. 26, 2016 PACER
7	ORDER REASSIGNING CASE. Case reassigned to Judge Richard W. Story for all further proceedings. Judge William C. O'Kelley no longer assigned to case. NOTICE TO ALL COUNSEL OF RECORD: The Judge designation in the civil action number assigned to this case has been changed to 2:16-cv-30-RWS. Please make note of this change in order to facilitate the docketing of pleadings in this case. Signed by Judge William C. O'Kelley on 02/29/16. (sk) (Entered: 02/29/2016)	Feb. 29, 2016	Feb. 29, 2016 PACER
8	Return of Service Executed by Rita Sanders Luse, Marianne Ligocki. Sentinel Offender Services, LLC served on 2/19/2016, answer due 3/11/2016. (Primerano, Ryan) (Entered: 02/29/2016)	Feb. 29, 2016	Feb. 29, 2016 PACER
9	ANSWER to 1 COMPLAINT with Jury Demand by Stacy McDowell-Black. Discovery ends on 8/8/2016.(St. Amand, Michael) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 03/10/2016)	March 10, 2016	March 10, 2016 PACER
10	ANSWER to 1 COMPLAINT with Jury Demand by Sentinel Offender Services, LLC.(St. Amand, Michael) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 03/11/2016)	March 11, 2016	March 11, 2016 PACER
	NOTICE of Hearing on Motion re: 5 MOTION for Preliminary Injunction Motion Hearing set for 4/1/2016 at 10:30 AM in GAIN Courtroom 303 before Judge Richard W. Story. (rag)	March 14, 2016	March 14, 2016 PACER
11	RESPONSE in Opposition re 5 MOTION for Preliminary Injunction filed by Stacy McDowell-Black, Sentinel Offender Services, LLC. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Gray, Harvey) (Entered: 03/14/2016) 1 Exhibit View on PACER 2 Exhibit View on PACER 3 Exhibit View on PACER 4 Exhibit View on PACER	March 14, 2016	March 14, 2016 PACER
12	RESPONSE in Opposition re 6 MOTION to Certify Class filed by Stacy McDowell-Black, Sentinel Offender Services, LLC. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Gray, Harvey) (Entered: 03/14/2016) 1 Exhibit View on PACER 2 Exhibit View on PACER 3 Exhibit View on PACER 4 Exhibit View on PACER	March 14, 2016	March 14, 2016 PACER
13	REPLY to Response to Motion re 5 MOTION for Preliminary Injunction filed by Marianne Ligocki, Rita Sanders Luse. (Primerano, Ryan) (Entered: 03/25/2016)	March 25, 2016	March 25, 2016 PACER
	Submission of 5 MOTION for Preliminary Injunction, submitted to District Judge Richard W. Story. (sk)	March 25, 2016	March 25, 2016 PACER
14	REPLY to Response to Motion re 6 MOTION to Certify Class filed by Marianne Ligocki, Rita Sanders Luse. (Attachments: # 1 Exhibit A: Chaudhuri Decl.)(Primerano, Ryan) (Entered: 03/30/2016) 1 Exhibit A: Chaudhuri Decl. View on PACER	March 30, 2016	March 30, 2016 PACER
	Submission of 6 MOTION to Certify Class, submitted to District Judge Richard W. Story. (sk)	March 31, 2016	March 31, 2016 PACER
15	Joint MOTION for Order by Marianne Ligocki, Rita Sanders Luse. (Attachments: # 1 Text of Proposed Order Consent Order)(Geraghty, Sarah) (Entered: 03/31/2016) 1 Text of Proposed Order Consent Order View on PACER	March 31, 2016	March 31, 2016 PACER
16	ORDER granting 15 Motion for Consent Order re Preliminary Injunction (See order for specifics). Signed by Judge Richard W. Story on 03/31/2016. (rsg) (Entered: 03/31/2016)	March 31, 2016	March 31, 2016 PACER
17	AMENDED COMPLAINT against All Defendants with Jury Demand, filed by Rita Sanders Luse, Marianne Ligocki. (Attachments: # 1 Exhibit A: Contract, # 2 Exhibit B: Luse Disposition, # 3 Exhibit C: Ligocki Disposition)(Primerano, Ryan) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form. (Entered: 04/01/2016) 1 Exhibit A: Contract View on PACER 2 Exhibit B: Luse Disposition View on PACER 3 Exhibit C: Ligocki Disposition View on PACER	April 1, 2016	April 1, 2016 RECAP
18	CERTIFICATE OF SERVICE of Initial Disclosures by Marianne Ligocki, Rita Sanders Luse.(Primerano, Ryan) (Entered: 04/11/2016)	April 11, 2016	April 11, 2016 PACER
19	Initial Disclosures by Stacy McDowell-Black.(St. Amand, Michael) (Entered: 04/11/2016)	April 11, 2016	April 11, 2016 PACER
20	Initial Disclosures by Sentinel Offender Services, LLC.(St. Amand, Michael) (Entered: 04/11/2016)	April 11, 2016	April 11, 2016 PACER
21	ANSWER to 17 Amended Complaint by Sentinel Offender Services, LLC.(St. Amand, Michael) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 04/15/2016)	April 15, 2016	April 15, 2016 RECAP
22	ANSWER to 17 Amended Complaint by Stacy McDowell-Black.(St. Amand, Michael) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 04/15/2016)	April 15, 2016	April 15, 2016 PACER
23	Verification of ANSWER to 17 Amended Complaint by Sentinel Offender Services, LLC.(St. Amand, Michael) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 05/06/2016)	May 6, 2016	May 6, 2016 RECAP
24	Verification of ANSWER to 17 Amended Complaint by Stacy McDowell-Black.(St. Amand, Michael) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 05/06/2016)	May 6, 2016	May 6, 2016 PACER
25	JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Marianne Ligocki, Rita Sanders Luse. (Primerano, Ryan) (Entered: 05/13/2016)	May 13, 2016	May 13, 2016 PACER
	NOTICE of Hearing: Scheduling Conference set for 6/8/2016 at 11:30 AM in Atlanta Courtroom 2105 before Judge Richard W. Story. (rag)	May 17, 2016	May 17, 2016 PACER
26	Minute Entry for proceedings held before Judge Richard W. Story: Scheduling Conference held on 6/8/2016, Court grants a 30 day stay for mediation. Parties to submit a status report after the 30 day period. Hearing concluded. (Court Reporter Amanda Lohnaas)(rsg) (Entered: 06/08/2016)	June 8, 2016	June 8, 2016 PACER
27	ORDER that this action be STAYED for 30 days pending mediation by the parties. The parties are ORDERED to file a status report in 30 days regarding the scheduling and/or outcome of mediation. (Status Report due by 7/8/2016.) Signed by Judge Richard W. Story on 06/08/2016. (rsg) (Entered: 06/08/2016)	June 8, 2016	June 8, 2016 PACER
28	NOTICE by Marianne Ligocki, Rita Sanders Luse Regarding Mediation (Geraghty, Sarah) (Entered: 07/06/2016)	July 6, 2016	July 6, 2016 PACER
29	ORDER that the 6 Motion to Certify Class is DENIED as MOOT with leave to re-file in the event that settlement is not consummated. The case will remain open for entry of any necessary orders regarding procedures for notification of class members and authorization of payment. Signed by Judge Richard W. Story on 07/15/2016. (rsg) (Entered: 07/15/2016)	July 15, 2016	July 15, 2016 PACER
30	MOTION for Hearing/Conference Regarding Proposed Settlement by Marianne Ligocki, Rita Sanders Luse. (Geraghty, Sarah) Modified on 11/3/2016 to correct event type (sk). (Entered: 11/03/2016)	Nov. 3, 2016	Nov. 3, 2016 PACER
	NOTICE of Conference: Conference regarding Proposed Settlement set for 11/14/2016 at 10:30 AM in ATLA Courtroom 2105 before Judge Richard W. Story. (rag)	Nov. 4, 2016	Nov. 4, 2016 PACER
	Verbal ORDER granting 30 Motion for Hearing/Conference. Signed by Judge Richard W. Story on 11/4/16. (rag)	Nov. 4, 2016	Nov. 4, 2016 PACER
31	Minute Entry for proceedings held before Judge Richard W. Story: Settlement Conference held on 11/14/2016. Parties have two weeks to provide full disclosure documents and 28 days for settlement documents.(rsg) (Entered: 11/14/2016)	Nov. 14, 2016	Nov. 14, 2016 PACER
32	MOTION for Extension of Time to File Settlement Documents by Marianne Ligocki, Rita Sanders Luse. (Attachments: # 1 Text of Proposed Order)(Geraghty, Sarah) (Entered: 12/12/2016) 1 Text of Proposed Order View on PACER	Dec. 12, 2016	Dec. 12, 2016 PACER
33	ORDER granting 32 Motion for Extension of Time. Signed by Judge Richard W. Story on 12/13/2016. (rsg) (Entered: 12/13/2016)	Dec. 13, 2016	Dec. 13, 2016 PACER
34	Joint MOTION for Order Entry of Consent Confidentiality Order Regarding Document Production by Sentinel Offender Services, LLC. (Attachments: # 1 Consent Confidentiality Order Regarding Document Production)(St. Amand, Michael) (Entered: 12/14/2016) 1 Consent Confidentiality Order Regarding Document Production View on PACER	Dec. 14, 2016	Dec. 14, 2016 PACER
35	Court Notice Of Filing: Standing Order by Judge Richard W. Story. (rag) (Entered: 12/14/2016)	Dec. 14, 2016	Dec. 14, 2016 PACER
36	ORDER granting 34 Motion for Confidentiality Order Regarding Document Production with minor change to modify Paragraph No. 4 - If any document or motion is to be filed with the Court making reference to or appending a document designated as CONFIDENTIAL by any party under this Confidentiality Order, compliance with the undersigned's 35 Standing Order regarding Civil Litigation, Â¶ 7(e) is required. Signed by Judge Richard W. Story on 12/14/2016. (rsg) (Entered: 12/14/2016)	Dec. 14, 2016	Dec. 14, 2016 PACER
37	Joint MOTION to Certify Class Conditionally with Brief In Support by Marianne Ligocki, Rita Sanders Luse. (Attachments: # 1 Brief in Support of Conditional Certification of Settlement Class, # 2 Exhibit A: Settlement Agreement (with Appendices A - F), # 3 Exhibit B: Consent Order for Injunctive Relief, # 4 Exhibit C: Proposed Order Conditionally Certifying Settlement Class)(Primerano, Ryan) (Entered: 12/20/2016) 1 Brief in Support of Conditional Certification of Settlement Class View on PACER 2 Exhibit A: Settlement Agreement (with Appendices A - F) View on PACER 3 Exhibit B: Consent Order for Injunctive Relief View on PACER 4 Exhibit C: Proposed Order Conditionally Certifying Settlement Class View on PACER	Dec. 20, 2016	Dec. 20, 2016 PACER
38	ORDER granting 37 Motion to Certify Class. Signed by Judge Richard W. Story on 01/13/2017. (rsg) (Entered: 01/13/2017)	Jan. 13, 2017	Jan. 13, 2017 PACER
39	NOTICE of Hearing:FINAL FAIRNESS HEARING set for 8/14/2017 at 09:30 AM in GAIN Courtroom 303 before Judge Richard W. Story. (sk) (Entered: 05/08/2017)	May 8, 2017	May 8, 2017 PACER
40	CONSENT ORDER is submitted and entered into as a resolution of Plaintiffs' claims for injunctive relief on behalf of themselves and a class of similarly situated persons. (See order for more details.) Signed by Judge Richard W. Story on 08/14/2017. (Attachments: # 1 Appendix A)(rsg) (Entered: 08/14/2017) 1 Appendix A View on PACER	Aug. 14, 2017	Aug. 14, 2017 PACER
41	Minute Entry for proceedings held before Judge Richard W. Story: Settlement Conference held on 8/14/2017. The Court noted that no objectionswere received by class members. Counsel will present a proposed final order to the Court on Monday, August 21st consideration. The Court stated that the proposed consent injunctive relief order will be approved and entered on the docket today. (Court Reporter Amanda Lohnaas) (dgr) (Entered: 08/14/2017)	Aug. 14, 2017	Aug. 14, 2017 PACER
42	ORDER GRANTING Final Approval of Class Settlement. See Order for specifics. Signed by Judge Richard W. Story on 08/21/2017. (dgr) (Entered: 08/22/2017)	Aug. 21, 2017	Aug. 21, 2017 RECAP
	Civil Case Terminated. (dgr)	Aug. 22, 2017	Aug. 22, 2017 PACER
	Civil Case Terminated. (dgr)	Aug. 22, 2017	Aug. 22, 2017 PACER