Case: Prisoner A v. State of Vermont

2:15-cv-00221 | U.S. District Court for the District of Vermont

Filed Date: Oct. 15, 2015

Clearinghouse coding complete

Case Summary

On October 15, 2015, a prisoner in the state of Vermont filed this lawsuit in the U.S. District Court of Vermont. The plaintiff sued the state of Vermont, the Agency of Human Services, the Department of Corrections, the Department of Mental Health, and the Department of Aging and Independent Living under 42 U.S.C. § 12182. The plaintiff, represented by Disability Rights Vermont, asked the court for declaratory, injunctive, compensatory, and punitive relief. The plaintiff claimed that his cont…

On October 15, 2015, a prisoner in the state of Vermont filed this lawsuit in the U.S. District Court of Vermont. The plaintiff sued the state of Vermont, the Agency of Human Services, the Department of Corrections, the Department of Mental Health, and the Department of Aging and Independent Living under 42 U.S.C. § 12182. The plaintiff, represented by Disability Rights Vermont, asked the court for declaratory, injunctive, compensatory, and punitive relief. The plaintiff claimed that his continued incarceration violated Title II of the ADA and the “Integration Mandate” of the ADA. He also claimed that placement in his conditions constituted a violation of the rehabilitation act and a violation of the Vermont Fair Housing and Public Accommodations Act.

Specifically, the plaintiff claimed that he had served his minimum sentence as of July 13, 2013 but he continued to be held at Southern State Correctional Facility because the defendants failed to implement disability-related support in the community. Without the support in the community, the plaintiff is at risk for continued unnecessary and harmful institutionalization. Also, had the plaintiff been placed in the most integrated setting possible, he would not have experienced exacerbated mental, emotional, and physical trauma, which included a significant suicide attempt. The plaintiff endured unnecessary pain and suffering and a continuing violation of his civil rights in the form of disability-based discrimination.

The parties conducted discovery and had an Early Neutral Evaluation meeting in which a full settlement was reached. On June 7, 2016, Judge William Sessions dismissed the case according to the private settlement and ordered to reopen the action if the settlement is not consummated.

Summary Authors

Stephanie Benjamini (10/23/2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/13252070/parties/prisoner-a-v-state-of-vermont/


Judge(s)

Sessions, William K. III (Vermont)

Attorneys(s) for Plaintiff

Ruben, Arthur J. (Vermont)

Attorneys(s) for Defendant

Groff, David R (Vermont)

Expert/Monitor/Master

Marks, Michael J. (Vermont)

Judge(s)

Sessions, William K. III (Vermont)

Attorneys(s) for Plaintiff

Ruben, Arthur J. (Vermont)

Attorneys(s) for Defendant

Groff, David R (Vermont)

Expert/Monitor/Master

Marks, Michael J. (Vermont)

Documents in the Clearinghouse

Document

Docket

Prisoner A v. State of Vermont

Oct. 15, 2015 Docket
1

Verified Complaint

Prisoner A v. State of Vermont

Oct. 15, 2015 Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/13252070/prisoner-a-v-state-of-vermont/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

VERIFIED COMPLAINT against State of Vermont, Vermont Agency of Human Services, Vermont Department of Aging and Independent Living, Vermont Department of Corrections, Vermont Department of Mental Health filed by Prisoner A. (Attachments: # 1 Verified Complaint (document filed under seal), # 2 Civil Cover Sheet), # 3 Certificate of Service) (law). (Entered: 10/15/2015)

2 Civil Cover Sheet

View on PACER

3 Certificate of Service

View on PACER

Oct. 15, 2015 RECAP
2

MOTION to Proceed Under a Psuedonym filed by Prisoner A.(law) (Entered: 10/15/2015)

Oct. 15, 2015 PACER
3

MOTION to File Under Seal 1 Verified Complaint filed by Prisoner A. (Attachments: # 1 Verified Complaint) (images are sealed) (law) (Entered: 10/15/2015)

Oct. 15, 2015 PACER
4

MOTION for Preliminary Injunction filed by Prisoner A. (Attachments: # 1 Affidavit of Arthur J. Ruben, Esq.)(law) (Entered: 10/15/2015)

1 Affidavit of Arthur J. Ruben, Esq.

View on PACER

Oct. 15, 2015 PACER
5

MOTION for Leave to Proceed in Forma Pauperis filed by Prisoner A. (Attachments: # 1 Affidavit in Support) (documents filed under seal) (law) (Entered: 10/15/2015)

Oct. 15, 2015 PACER
6

MOTION to File Under Seal 5 MOTION for Leave to Proceed in Forma Pauperis filed by Prisoner A. (document is sealed) (law) (Entered: 10/15/2015)

Oct. 15, 2015 PACER
7

ORDER granting 2 Motion to Proceed Under A Psuedonym; granting 3 Motion to File Under Seal; granting 5 Motion for Leave to Proceed in forma pauperis; granting 6 Motion to File Under Seal. Signed by Judge William K. Sessions III on 10/16/2015. (This is a text-only Order.) (eae) (Entered: 10/16/2015)

Oct. 16, 2015 PACER
8

MOTION for Assistance With Effecting Service on Defendants filed by Prisoner A. (Attachments: # 1 Certificate of Service)(Ruben, Arthur) Text clarified on 11/3/2015 (jlh). (Entered: 11/03/2015)

1 Certificate of Service

View on PACER

Nov. 3, 2015 PACER
9

ORDER denying as moot 8 Motion For Assistance with Effecting Service on Defendants. Signed by Judge William K. Sessions III on 11/16/2015. (This is a text-only Order.) (eae) (Entered: 11/16/2015)

Nov. 16, 2015 PACER
10

WAIVER OF SERVICE Returned Executed: Vermont Department of Corrections waiver sent on 10/15/2015, answer due 12/14/2015. (Attachments: # 1 Certificate of Service)(Ruben, Arthur) (Entered: 11/16/2015)

1 Certificate of Service

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Nov. 16, 2015 PACER
11

WAIVER OF SERVICE Returned Executed: Vermont Agency of Human Services waiver sent on 10/15/2015, answer due 12/14/2015. (Attachments: # 1 Certificate of Service)(Ruben, Arthur) (Entered: 11/16/2015)

1 Certificate of Service

View on PACER

Nov. 16, 2015 PACER
12

WAIVER OF SERVICE Returned Executed: Vermont Department of Mental Health waiver sent on 10/15/2015, answer due 12/14/2015. (Attachments: # 1 Certificate of Service)(Ruben, Arthur) (Entered: 11/16/2015)

1 Certificate of Service

View on PACER

Nov. 16, 2015 PACER
13

WAIVER OF SERVICE Returned Executed: Vermont Department of Aging and Independent Living waiver sent on 10/15/2015, answer due 12/14/2015. (Attachments: # 1 Certificate of Service)(Ruben, Arthur) (Entered: 11/16/2015)

1 Certificate of Service

View on PACER

Nov. 16, 2015 PACER
14

NOTICE OF APPEARANCE by David R. Groff, Esq on behalf of State of Vermont, Vermont Agency of Human Services, Vermont Department of Aging and Independent Living, Vermont Department of Corrections, Vermont Department of Mental Health.(Groff, David) (Entered: 11/18/2015)

Nov. 18, 2015 PACER
15

STIPULATED MOTION to Withdraw 4 MOTION for Preliminary Injunction filed by Prisoner A.(Ruben, Arthur) (Entered: 12/07/2015)

Dec. 7, 2015 PACER
16

ORDER granting 15 Stipulated Motion to Withdraw 4 MOTION for Preliminary Injunction. Signed by Judge William K. Sessions III on 12/7/2015. (This is a text-only Order.) (eae) (Entered: 12/07/2015)

Dec. 7, 2015 PACER
17

ANSWER to 1 Complaint by State of Vermont, Vermont Agency of Human Services, Vermont Department of Aging and Independent Living, Vermont Department of Corrections, Vermont Department of Mental Health.(Groff, David) (Entered: 12/15/2015)

Dec. 15, 2015 PACER
18

ENE LETTER re: Potential Evaluators sent; responses due by 1/4/2016. (hbc) (Entered: 12/16/2015)

Dec. 16, 2015 PACER
19

PROPOSED Stipulated Discovery Schedule/Order by State of Vermont, Vermont Agency of Human Services, Vermont Department of Aging and Independent Living, Vermont Department of Corrections, Vermont Department of Mental Health. (Attachments: # 1 Certificate of Service)(Groff, David) (Entered: 12/30/2015)

1 Certificate of Service

View on PACER

Dec. 30, 2015 PACER
20

ENE Evaluator Michael J. Marks, Esq. assigned. (hbc) (Entered: 12/30/2015)

Dec. 30, 2015 PACER
21

STIPULATED DISCOVERY SCHEDULE/ORDER Discovery due by 8/15/2016. Motions due by 9/15/2016. Early Neutral Evaluation set for 5/15/2016 at 09:00 AM. Ready for Trial by 11/1/2016. Signed by Judge William K. Sessions III on 1/4/2016. (law) (Entered: 01/04/2016)

Jan. 4, 2016 PACER
22

DISCOVERY CERTIFICATE - Initial Disclosures by Prisoner A.(Ruben, Arthur) (Entered: 01/28/2016)

Jan. 28, 2016 PACER
23

DISCOVERY CERTIFICATE - Initial Disclosures by State of Vermont, Vermont Agency of Human Services, Vermont Department of Aging and Independent Living, Vermont Department of Corrections, Vermont Department of Mental Health.(Groff, David) (Entered: 02/02/2016)

Feb. 2, 2016 PACER
24

DISCOVERY CERTIFICATE - First Set of Interrogatories and Requests to Produce by Prisoner A.(Ruben, Arthur) (Entered: 02/18/2016)

Feb. 18, 2016 PACER
25

STIPULATED MOTION to Enlarge the Discovery Schedule/Order filed by State of Vermont, Vermont Agency of Human Services, Vermont Department of Aging and Independent Living, Vermont Department of Corrections, Vermont Department of Mental Health.(Groff, David) (Entered: 03/30/2016)

March 30, 2016 PACER
26

ORDER granting 25 Stipulated Motion for Extension of Time to Complete Discovery. Signed by Judge William K. Sessions III on 4/1/2016. (This is a text-only Order.) (eae) (Entered: 04/01/2016)

April 1, 2016 PACER
27

DISCOVERY CERTIFICATE - Notice of Deposition of Christina Granger by Prisoner A.(Ruben, Arthur) (Entered: 04/11/2016)

April 11, 2016 PACER
28

DISCOVERY CERTIFICATE - Notice of Deposition of Christine Johnson by Prisoner A.(Ruben, Arthur) (Entered: 04/18/2016)

April 18, 2016 PACER
29

DISCOVERY CERTIFICATE - Answer to Interrogatories and Requests to Produce by State of Vermont, Vermont Agency of Human Services, Vermont Department of Aging and Independent Living, Vermont Department of Corrections, Vermont Department of Mental Health.(Groff, David) (Entered: 04/18/2016)

April 18, 2016 PACER
30

DISCOVERY CERTIFICATE - Notice of Deposition of Sue Ransom-Kelley by Prisoner A.(Ruben, Arthur) (Entered: 04/29/2016)

April 29, 2016 PACER
31

DISCOVERY CERTIFICATE - Revised Notice of Deposition of Christine Johnson by Prisoner A. Amendment (Ruben, Arthur) Text clarified on 5/4/2016 (jlh). (Entered: 04/29/2016)

April 29, 2016 PACER
32

REPORT of Early Neutral Evaluation by ENE Evaluator (Attachments: # 1 Certificate of Service)(Marks, Michael) (Entered: 06/06/2016)

1 Certificate of Service

View on PACER

June 6, 2016 PACER
33

ORDER DISMISSING CASE without costs, with the right to petition, upon good cause shown within 60 days, to reopen the action if settlement is not consummated. Signed by Judge William K. Sessions III on 6/7/2016. (jam) (Entered: 06/07/2016)

June 7, 2016 PACER

State / Territory: Vermont

Case Type(s):

Prison Conditions

Special Collection(s):

Olmstead Cases

Key Dates

Filing Date: Oct. 15, 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Prisoner in Southern State Correctional Facility in Springfield, Vermont

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Vermont, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Unknown

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

General:

Conditions of confinement

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Integrated setting

Least restrictive environment

Type of Facility:

Government-run