Case: Baker v. DesLauriers

6:14-cv-01356 | U.S. District Court for the District of Kansas

Filed Date: Oct. 27, 2014

Closed Date: July 17, 2017

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Case Summary

On October 27, 2014, twenty-five former prisoners forced to enroll in Kansas's Sexual Predator Treatment Program after their release from prison filed this lawsuit in the U.S. District Court for the District of Kansas. The plaintiffs sued directors of the Sexual Predator Treatment Program (SPTP), Larned State Hospital, the Kansas Department for Aging and Disability Services, and the State of Kansas under 42 U.S.C § 1983, the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act, and Kansas state law. Representing themselves, the plaintiffs asked for declaratory and injunctive relief along with monetary damages. In their claim for relief, they cited violations of the First, Fourth, Fifth, Sixth, Eighth, and Fourteenth Amendments to the Constitution, along with the Americans with Disabilities Act, the Rehabilitation Act, and Kansas state law (K.S.A. § 59-29a22(b)(3)).

More specifically, the plaintiffs argued in a 314-page complaint that the SPTP is, in both design and in application, a source of punishment rather than therapy, and that it violated laws designed to protect recipients of therapy and constitutional prohibitions against ex post facto punishment and double jeopardy. They alleged that the program was in many ways equivalent to or in some instances worse than prison in the restrictions that it imposed and in the conditions to which it subjected enrollees.

The case was initially assigned to District Judge Sam A. Crow. On January 27, 2015, the case was reassigned to District Judge Eric F. Melgren. The next day, it was again reassigned, this time to Chief Judge J. Thomas Marten.

The plaintiffs sought appointment of counsel. Magistrate Judge Karen Humphreys granted the motion on February 9, 2015 but deferred selection of counsel until the court could learn more about what sorts of experience appointed counsel would need. In particular, Judge Humphreys noted that similar litigation was underway in Illinois (Hargett v. Adams), Minnesota (Karsjens v. Jesson), Missouri (Van Orden v. Healthlink), New Jersey (Alves v. Main), and Washington (Turay v. Seling) and consulted lawyers involved in the Missouri case for advice. Judge Humphreys retired in June 2015 while the stay was still in place and the case was reassigned to Magistrate Judge Kenneth G. Gale on June 11, 2015.

On November 12, 2015, one of the plaintiffs wrote a letter to Judge Marten and Judge Gale. The letter noted that trials in both the Minnesota and Missouri cases had ended, and their respective SVP programs had been found unconstitutional. Because the trials had ended and Judge Humphreys had retired, the plaintiff argued, the stay should be lifted and the case allowed to proceed. On January 7, 2016, another plaintiff sent the court clerk a handwritten note and attached the Missouri court decision to encourage the court to lift the stay. On March 31, 2016, the plaintiffs moved for stay to be lifted, but Judge Gale denied the motion on April 4, 2016. 2016 U.S. Dist. LEXIS 45574. Judge Gale emphasized that he was actively working to find counsel but had not been successful because of the large amount of uncompensated work that would be required of any appointed counsel. Judge Gale reiterated that the Plaintiffs could not adequately represent themselves and asked for their patience while the search continued. On August 2, 2016, the Court appointed seven pro bono lawyers to represent the plaintiffs and lifted the stay. Judge Gale ordered the plaintiffs to stop communicating with the Court or the defendants unless done through counsel. The original complaint and summons had not been served on defendants at the time counsel was appointed.

On December 5, 2016, the plaintiffs (now through counsel) filed an amended complaint with substantial changes. The plaintiffs re-alleged that the Kansas SPTP was an unconstitutional punishment system, rather than a therapy program. Specifically, they alleged that there was no realistic possibility of ever completing the program and being released from its requirements - of the hundreds committed under SPTP, only three had successfully completed the program. The program was alleged to be inadequate because it failed to tailor treatment to the needs of the detainees. The plaintiffs also alleged that treatment hours had been cut, the facilities were overcrowded, and the employee turnover was so high as to compromise the treatment of detainees. The move from one phase of the program to another was often based on arbitrary or non-therapeutic considerations, like bed availability. The facilities were also managed like a prison, using Kansas Department of Corrections protocols. All of these factors, when combined, made SPTP an essentially lifelong commitment in a secure facility. The plaintiffs alleged that these conditions meant SPTP violated the 14th Amendment’s Due Process Clause.

On December 29, 2016, one plaintiff moved to separate from the class. Judge Gale granted his motion and declared the case would be treated as a consolidated case, with the original complaint applying to this plaintiff and the amended complaint applying to the class action. The separate plaintiff then moved to certify the class under the original complaint and asked for separate counsel to be appointed for his case on February 23, 2017. He expressed that appointed counsel for the amended complaint did not have the “best interests” of the class in mind. On March 2, 2017, Judge Gale denied the motion to appoint replacement counsel, citing the fact that able and competent counsel had already been appointed.

On February 24, 2017, the defendants moved to dismiss the case for failure to state a claim upon which relief can be granted. The defendants argued that the state has discretion to design treatment programs for sexually violent predators and had not abused that discretion in creating the SPTP. The plaintiffs disagreed with the treatment they had received, the defendants argued, but that treatment was within the bounds of professional judgment and not enough to make out a constitutional violation.

On July 17, 2017, the Court granted the motion to dismiss. Specifically, Judge Marten found that the plaintiffs had failed to adequately allege how the SPTP program deviated from accepted standards of treatment in a way that violated the plaintiffs’ due process rights. Judge Marten also ruled that the conditions of the SPTP facilities were related to the reasons for detaining the plaintiffs and, thus, did not violate the plaintiffs’ due process rights. Because of this dismissal, the separate plaintiff’s motion to certify the original complaint class was denied as moot. On August 14, 2017, the Plaintiffs filed a motion to reconsider the dismissal, arguing that the court had committed legal error by failing to take judicial notice of a 2015 Kansas report on SPTP. In the alternative, the plaintiffs asked for leave to file an amended complaint that did state a claim. Two months later, on November 14, 2017, Judge Marten denied this motion. Judge Marten found that consideration of the 2015 Report would not have changed his ruling that the complaint did not state a claim. The plaintiffs attached a proposed second amended complaint to their motion for reconsideration, which Judge Marten reviewed and found similarly deficient. Judge Marten decided that amending the complaint would be futile and dismissed the case with prejudice.


6:14-cv-01356	Docket [PACER]	Nov. 4, 2017	Nov. 4, 2017 Docket
1 6:14-cv-01356	Complaint Baker v. DesLauriers	Oct. 27, 2014	Oct. 27, 2014 Complaint
46 6:14-cv-01356	Denial of Motion To Lift Stay	April 4, 2016	April 4, 2016 Order/Opinion
36 6:14-cv-01356	Order [Granting motion to appoint counsel] Baker v. DesLauriers	May 19, 2016	May 19, 2016 Order/Opinion
62 6:14-cv-01356	First Amended Complaint	Dec. 5, 2016	Dec. 5, 2016 Complaint
87 6:14-cv-01356	Memorandum and Order Baker v. Keck	July 17, 2017	July 17, 2017 Order/Opinion 2017 WL 3026143
92 6:14-cv-01356	Memorandum and Order Baker v. Keck	Nov. 14, 2017	Nov. 14, 2017 Order/Opinion 2017 WL 5465530

ECF Number	Date	Description	Link
1	Oct. 27, 2014	COMPLAINT (No Summons Issued) with trial location of Wichita, filed by Michael Unruh, Billy Ingram, James R. Rowray, David E. Benton, Sr, Ronald A. Baker, Billy J. Stanley, James E. Roberts, Jr, Larry Wright, David Thayer, Eric Patterson, Travis Williams, Michael D. Mellon, Justin Miller, William Eugene Wald, Dale Patterson, Vance Walters, Harvey Hickman, Richard L. Cochran, Alan Kirk, Roy Nalley, Ramon Cruz Perez, Robert H. Kinzer, Robert Fox, Danny Stanley, Michael P. Gallagher. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W). (mam) (Entered: 10/30/2014) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER 5 Exhibit E View on PACER 6 Exhibit F View on PACER 7 Exhibit G View on PACER 8 Exhibit H View on PACER 9 Exhibit I View on PACER 10 Exhibit J View on PACER 11 Exhibit K View on PACER 12 Exhibit L View on PACER 13 Exhibit M View on PACER 14 Exhibit N View on PACER 15 Exhibit O View on PACER 16 Exhibit P View on PACER 17 Exhibit Q View on PACER 18 Exhibit R View on PACER 19 Exhibit S View on PACER 20 Exhibit T View on PACER 21 Exhibit U View on PACER 22 Exhibit V View on PACER 23 Exhibit W View on PACER	RECAP
2	Oct. 27, 2014	CIVIL COVER SHEET re 1 Complaint, by Plaintiffs Ronald A. Baker, David E. Benton, Sr, Richard L. Cochran, Ramon Cruz Perez, Robert Fox, Michael P. Gallagher, Harvey Hickman, Billy Ingram, Robert H. Kinzer, Alan Kirk, Michael D. Mellon, Justin Miller, Roy Nalley, Dale Patterson, Eric Patterson, James E. Roberts, Jr, James R. Rowray, Billy J. Stanley, Danny Stanley, David Thayer, Michael Unruh, William Eugene Wald, Vance Walters, Travis Williams, Larry Wright. (mam) (Entered: 10/30/2014)	RECAP
3	Oct. 27, 2014	(NOTE: Access to document is restricted pursuant to the court's privacy policy.) MOTION for Leave to Proceed in forma pauperis by Plaintiff Ronald A. Baker. (mam) # 1 Affidavit) (mam). (Entered: 10/30/2014)	RECAP
4	Oct. 27, 2014	(NOTE: Access to document is restricted pursuant to the court's privacy policy.) MOTION for Leave to Proceed in forma pauperis by Plaintiff David E. Benton, Sr (Attachments: # 1 Affidavit)(mam) (Entered: 10/30/2014)	RECAP
5	Oct. 27, 2014	(NOTE: Access to document is restricted pursuant to the court's privacy policy.) MOTION for Leave to Proceed in forma pauperis by Plaintiff Richard L. Cochran (Attachments: # 1 Affidavit)(mam) (Entered: 10/30/2014)	RECAP
6	Oct. 27, 2014	(NOTE: Access to document is restricted pursuant to the court's privacy policy.) MOTION for Leave to Proceed in forma pauperis by Plaintiff Robert Fox (Attachments: # 1 Affidavit)(mam) (Entered: 10/30/2014)	RECAP
7	Oct. 27, 2014	(NOTE: Access to document is restricted pursuant to the court's privacy policy.) MOTION for Leave to Proceed in forma pauperis by Plaintiff Michael P. Gallagher (Attachments: # 1 Affidavit)(mam) (Entered: 10/30/2014)	RECAP
8	Oct. 27, 2014	(NOTE: Access to document is restricted pursuant to the court's privacy policy.) MOTION for Leave to Proceed in forma pauperis by Plaintiff Harvey Hickman (Attachments: # 1 Affidavit)(mam) (Entered: 10/30/2014)	RECAP
9	Oct. 27, 2014	(NOTE: Access to document is restricted pursuant to the court's privacy policy.) MOTION for Leave to Proceed in forma pauperis by Plaintiff Billy Ingram (Attachments: # 1 Affidavit)(mam) (Entered: 10/30/2014)	RECAP
10	Oct. 27, 2014	(NOTE: Access to document is restricted pursuant to the court's privacy policy.) MOTION for Leave to Proceed in forma pauperis by Plaintiff Robert H. Kinzer (Attachments: # 1 Affidavit)(mam) (Entered: 10/30/2014)	RECAP
11	Oct. 27, 2014	(NOTE: Access to document is restricted pursuant to the court's privacy policy.) MOTION for Leave to Proceed in forma pauperis by Plaintiff Alan Kirk (Attachments: # 1 Affidavit)(mam) (Entered: 10/30/2014)	RECAP
12	Oct. 27, 2014	(NOTE: Access to document is restricted pursuant to the court's privacy policy.) MOTION for Leave to Proceed in forma pauperis by Plaintiff Michael D. Mellon (Attachments: # 1 Affidavit)(mam) (Entered: 10/30/2014)	RECAP
13	Oct. 27, 2014	(NOTE: Access to document is restricted pursuant to the court's privacy policy.) MOTION for Leave to Proceed in forma pauperis by Plaintiff Justin Miller (Attachments: # 1 Affidavit)(mam) (Entered: 10/30/2014)	RECAP
14	Oct. 27, 2014	(NOTE: Access to document is restricted pursuant to the court's privacy policy.) MOTION for Leave to Proceed in forma pauperis by Plaintiff Roy Nalley (Attachments: # 1 Affidavit)(mam) (Entered: 10/30/2014)	RECAP
15	Oct. 27, 2014	(NOTE: Access to document is restricted pursuant to the court's privacy policy.) MOTION for Leave to Proceed in forma pauperis by Plaintiff Dale Patterson (Attachments: # 1 Affidavit)(mam) (Entered: 10/30/2014)	RECAP
16	Oct. 27, 2014	(NOTE: Access to document is restricted pursuant to the court's privacy policy.) MOTION for Leave to Proceed in forma pauperis by Plaintiff Eric Patterson (Attachments: # 1 Affidavit)(mam) (Entered: 10/30/2014)	RECAP
17	Oct. 27, 2014	(NOTE: Access to document is restricted pursuant to the court's privacy policy.) MOTION for Leave to Proceed in forma pauperis by Plaintiff Ramon Cruz Perez (Attachments: # 1 Affidavit)(mam) (Entered: 10/30/2014)	RECAP
18	Oct. 27, 2014	(NOTE: Access to document is restricted pursuant to the court's privacy policy.) MOTION for Leave to Proceed in forma pauperis by Plaintiff James E. Roberts, Jr (Attachments: # 1 Affidavit)(mam) (Entered: 10/30/2014)	RECAP
19	Oct. 27, 2014	(NOTE: Access to document is restricted pursuant to the court's privacy policy.) MOTION for Leave to Proceed in forma pauperis by Plaintiff James R. Rowray (Attachments: # 1 Affidavit)(mam) (Entered: 10/30/2014)	RECAP
20	Oct. 27, 2014	(NOTE: Access to document is restricted pursuant to the court's privacy policy.) MOTION for Leave to Proceed in forma pauperis by Plaintiff Billy J. Stanley (Attachments: # 1 Affidavit)(mam) (Entered: 10/30/2014)	RECAP
21	Oct. 27, 2014	(NOTE: Access to document is restricted pursuant to the court's privacy policy.) MOTION for Leave to Proceed in forma pauperis by Plaintiff Danny Stanley (Attachments: # 1 Affidavit)(mam) (Entered: 10/30/2014)	RECAP
22	Oct. 27, 2014	(NOTE: Access to document is restricted pursuant to the court's privacy policy.) MOTION for Leave to Proceed in forma pauperis by Plaintiff David Thayer (Attachments: # 1 Affidavit)(mam) (Entered: 10/30/2014)	RECAP
23	Oct. 27, 2014	(NOTE: Access to document is restricted pursuant to the court's privacy policy.) MOTION for Leave to Proceed in forma pauperis by Plaintiff Michael Unruh (Attachments: # 1 Affidavit)(mam) (Entered: 10/30/2014)	RECAP
24	Oct. 27, 2014	(NOTE: Access to document is restricted pursuant to the court's privacy policy.) MOTION for Leave to Proceed in forma pauperis by Plaintiff William Eugene Wald (Attachments: # 1 Affidavit)(mam) (Entered: 10/30/2014)	RECAP
25	Oct. 27, 2014	(NOTE: Access to document is restricted pursuant to the court's privacy policy.) MOTION for Leave to Proceed in forma pauperis by Plaintiff Vance Walters (Attachments: # 1 Affidavit)(mam) (Entered: 10/30/2014)	RECAP
26	Oct. 27, 2014	(NOTE: Access to document is restricted pursuant to the court's privacy policy.) MOTION for Leave to Proceed in forma pauperis by Plaintiff Travis Williams (Attachments: # 1 Affidavit)(mam) (Entered: 10/30/2014)	RECAP
27	Oct. 27, 2014	(NOTE: Access to document is restricted pursuant to the court's privacy policy.) MOTION for Leave to Proceed in forma pauperis by Plaintiff Larry Wright (Attachments: # 1 Affidavit)(mam) (Entered: 10/30/2014)	RECAP
28	Oct. 27, 2014	MOTION to Appoint Counsel by Plaintiffs Ronald A. Baker, David E. Benton, Sr, Richard L. Cochran, Ramon Cruz Perez, Robert Fox, Michael P. Gallagher, Harvey Hickman, Billy Ingram, Robert H. Kinzer, Alan Kirk, Michael D. Mellon, Justin Miller, Roy Nalley, Dale Patterson, Eric Patterson, James E. Roberts, Jr, James R. Rowray, Billy J. Stanley, Danny Stanley, David Thayer, Michael Unruh, William Eugene Wald, Vance Walters, Travis Williams, Larry Wright. (mam) (Entered: 10/30/2014)	RECAP
29	Oct. 29, 2014	DESIGNATION OF PLACE OF TRIAL filed by Plaintiffs Ronald A. Baker, David E. Benton, Sr, Richard L. Cochran, Ramon Cruz Perez, Robert Fox, Michael P. Gallagher, Harvey Hickman, Billy Ingram, Robert H. Kinzer, Alan Kirk, Michael D. Mellon, Justin Miller, Roy Nalley, Dale Patterson, Eric Patterson, James E. Roberts, Jr, James R. Rowray, Billy J. Stanley, Danny Stanley, David Thayer, Michael Unruh, William Eugene Wald, Vance Walters, Travis Williams, Larry Wright - trial to be held in Wichita. (mam) (Entered: 10/30/2014)	RECAP
30	Oct. 31, 2014	NOTICE of Defendant's Addresses by Ronald A. Baker, David E. Benton, Sr, Richard L. Cochran, Ramon Cruz Perez, Robert Fox, Michael P. Gallagher, Harvey Hickman, Billy Ingram, Robert H. Kinzer, Alan Kirk, Michael D. Mellon, Justin Miller, Roy Nalley, Dale Patterson, Eric Patterson, James E. Roberts, Jr, James R. Rowray, Billy J. Stanley, Danny Stanley, David Thayer, Michael Unruh, William Eugene Wald, Vance Walters, Travis Williams, Larry Wright. (aa) (Entered: 10/31/2014)	RECAP
31	Dec. 12, 2014	ORDER granting 3 Motion for Leave to Proceed in forma pauperis; granting 4 Motion for Leave to Proceed in forma pauperis; granting 5 Motion for Leave to Proceed in forma pauperis; granting 6 Motion for Leave to Proceed in forma pauperis; granting 7 Motion for Leave to Proceed in forma pauperis; granting 8 Motion for Leave to Proceed in forma pauperis; granting 9 Motion for Leave to Proceed in forma pauperis; granting 10 Motion for Leave to Proceed in forma pauperis; granting 11 Motion for Leave to Proceed in forma pauperis; granting 12 Motion for Leave to Proceed in forma pauperis; granting 13 Motion for Leave to Proceed in forma pauperis; granting 14 Motion for Leave to Proceed in forma pauperis; granting 15 Motion for Leave to Proceed in forma pauperis; granting 16 Motion for Leave to Proceed in forma pauperis; granting 17 Motion for Leave to Proceed in forma pauperis; granting 18 Motion for Leave to Proceed in forma pauperis; granting 19 Motion for Leave to Proceed in forma pauperis; granting 20 Motion for Leave to Proceed in forma pauperis; granting 21 Motion for Leave to Proceed in forma pauperis; granting 22 Motion for Leave to Proceed in forma pauperis; granting 23 Motion for Leave to Proceed in forma pauperis; granting 24 Motion for Leave to Proceed in forma pauperis; granting 25 Motion for Leave to Proceed in forma pauperis; granting 26 Motion for Leave to Proceed in forma pauperis; granting 27 Motion for Leave to Proceed in forma pauperis. Service of the summons and complaint are suspended while the court considers plaintiffs' motion for appointment of counsel. Signed by Magistrate Judge Karen M. Humphreys on 12/12/14. Mailed to each individual pro se plaintiff by regular mail. (sj) (Entered: 12/12/2014)	RECAP
32	Jan. 22, 2015	*DISREGARD, FILED IN WRONG CASE* ORDER of 10CCA: Petition for permission to appeal filed by Dart Cherokee Basin Operating Company, LLC, and Cherokee Basin Pipeline, LLC is granted. Fee due by 2/5/15. (Appeal No. 13-603) (msb) Modified on 1/23/2015 (smg). (Entered: 01/22/2015)	RECAP
	Jan. 22, 2015	DOCKET ANNOTATION: Please disregard this entry as it was filed in error to the wrong case. 32 Order (msb)
33	Jan. 27, 2015	MINUTE ORDER: Court directs that this case be returned to the Clerk, U.S. District Court, for reassignment pursuant to D.Kan. Rule 40.1. Signed by Deputy Clerk on 1/27/15. Mailed to pro se plaintiffs by regular mail.(msb) (Entered: 01/27/2015)	RECAP
34	Jan. 27, 2015	MINUTE ORDER REASSIGNING CASE: Case reassigned to District Judge Eric F. Melgren for all further proceedings. U.S. District Senior Judge Sam A. Crow no longer assigned to case. Signed by Deputy Clerk on 1/27/15. Mailed to pro se plaintiffs by regular mail.(msb) (Entered: 01/27/2015)	RECAP
35	Jan. 28, 2015	MINUTE ORDER REASSIGNING CASE. Case reassigned to Chief Judge J. Thomas Marten for all further proceedings. District Judge Eric F. Melgren no longer assigned to case. Signed by deputy clerk on 1/28/15. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(cs) (Entered: 01/28/2015)	RECAP
36	Feb. 9, 2015	ORDER provisionally granting 28 Plaintiffs' Motion to Appoint Counsel. The selection of appointed counsel shall be deferred pending further investigation by the court. This case shall be stayed pending the court's review of the scheduled trials in the District of Minnesota and the Eastern District of Missouri. See order for further details. Signed by Magistrate Judge Karen M. Humphreys on 2/9/15. Mailed to each pro se plaintiff by regular mail. (sj) (Entered: 02/09/2015)	RECAP
37	June 11, 2015	ORDER REASSIGNING CASE. Due to the retirement of the undersigned Magistrate Judge, this case is reassigned to Magistrate Judge Kenneth G. Gale for all further proceedings. Magistrate Judge Karen M. Humphreys is no longer assigned to case. Signed by Magistrate Judge Karen M. Humphreys on 6/11/15.Mailed to pro se party Plaintiffs by regular mail. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(sj) (Entered: 06/11/2015)	RECAP
	June 11, 2015	Reassigning Case
38	Nov. 12, 2015	MOTION TO JOIN CLASS ACTION LAWSUIT by Plaintiff Edward C. Johnson (referred to Magistrate Judge Kenneth G. Gale). (aa) (Entered: 11/12/2015)	RECAP

Case: Baker v. DesLauriers

6:14-cv-01356 | U.S. District Court for the District of Kansas

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Docket for: Baker v. DesLauriers

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