Case: Maryland Restorative Justice Initiative v. Hogan

1:16-cv-01021 | U.S. District Court for the District of Maryland

Filed Date: April 6, 2016

Case Ongoing

Clearinghouse coding complete

Case Summary

On April 6, 2016, the Maryland Restorative Justice Initiative, a grassroots membership organization dedicated to advocating for individuals serving long-term prison sentences, and three juveniles sentenced to life in prison, filed this class-action lawsuit in U.S. District Court for the District of Maryland against Governor Larry Hogan and three other state officials. The plaintiffs challenged Maryland's parole process for people sentenced to life with parole for crimes committed as juveniles. …

On April 6, 2016, the Maryland Restorative Justice Initiative, a grassroots membership organization dedicated to advocating for individuals serving long-term prison sentences, and three juveniles sentenced to life in prison, filed this class-action lawsuit in U.S. District Court for the District of Maryland against Governor Larry Hogan and three other state officials. The plaintiffs challenged Maryland's parole process for people sentenced to life with parole for crimes committed as juveniles. They principally argued that the parole system operated as ad hoc executive clemency, with parole granted only in rare instances and without substantive or enforceable standards. This process, plaintiffs asserted, violated the Eighth Amendment's requirement of a meaningful and realistic opportunity for release based on demonstrated maturity and rehabilitation, and also violated the state's prohibition on cruel and unusual punishment (Article 25 of the Maryland Declaration of Rights).  Plaintiffs also argued that state sentencing law requiring mandatory life for people convicted of murder, irrespective of youth, violated the Eighth Amendment, which required a finding of "irreparable corruption" before imposing a life sentence denying meaningful opportunity for release.  Plaintiffs sought declaratory and injunctive relief as well as attorneys' fees and costs.  The case was assigned to Judge Ellen Lipton Hollander.  

On May 26, 2016, the families of the victims of the three plaintiffs, as well as the Maryland Crime Victim Resource Center, filed a motion to intervene in the suit as defendants based on Article 47 of the Maryland Declaration of Rights as well as a motion to dismiss the plaintiffs' complaint. The intervenors argued that they should be allowed to intervene in order to assert their rights to be notified of and participate in any proceedings related to defendants who had injured them. They also argued that amici status was insufficient. On June 13, 2016, the defendants filed a motion taking no position on the victims' requests but noting that it did not need their assistance to put up a sufficient defense.

On July 8, 2016, the defendants filed a motion to dismiss for failure to state a claim or alternatively, a motion for summary judgment. The defendants argued that the plaintiffs’ § 1983 claim was barred by the U.S. Supreme Court's rule in Heck v. Humphrey because a ruling in their favor would necessarily conclude that their life sentences were invalid. Further, the defendants argued that the plaintiffs failed to make a plausible claim upon which relief could be granted under the Eighth Amendment or Fourteenth Amendments and that their complaint in fact showed that they were receiving meaningful opportunities for release. Third, in the alternative, the defendants argued that summary judgment was proper because the plaintiffs had the opportunity to participate in the parole process and in fact did receive parole. Finally, they argued that the court did not have subject-matter jurisdiction because the prisoners did not exhaust their rights under the Prison Litigation Reform Act.

On August 30, 2016, Judge Hollander denied the victim families' motion to intervene, concluding the families had no right under Maryland law to intervene in the suit. The families had no protectable interest to gain or lose as a result of the proceedings and no rights at stake. Additionally, the families did not show that the State could not protect their interests nor that their objectives were substantially different from the State's. Judge Hollander also refused to grant permissive intervention, concluding that it would cause significant burdens to the litigation. Instead, she granted the families amicus status. 316 F.R.D. 106.

On December 7, 2016, Judge Hollander sent a memorandum to the parties, asking them to submit briefs on the impact of a recently decided 4th Circuit case on the defendants' motion to dismiss. LeBlanc v. Mathena, 2016 WL 6652438 (4th Cir. 2016) held that Virginia's geriatric release program provided "no meaningful opportunity to obtain release based on demonstrated maturity and rehabilitation" because it had few governing standards. Under Virginia's system, the State Parole Board could deny geriatric release for any reason "without considering a juvenile's maturity and rehabilitation." The parties subsequently provided updated memoranda.

On December 20, 2016, the three named plaintiffs moved for a writ of habeas corpus, requesting that they be present at oral argument on January 4, 2017, given that they faced life imprisonment if the court were to dismiss the case against them. The defendants did not oppose the motion and Judge Hollander granted the writs.

On February 3, 2017, Judge Hollander issued her decision, denying plaintiffs' motion to strike and granting in part and denying in part the defendants' motion to dismiss. The plaintiffs had moved to strike the amici's filings for improperly asserting defenses not raised by the defendants. Judge Hollander denied the motion to strike but refused to consider any of the novel arguments raised by the amici. On the motion for summary judgment, Judge Hollander held that summary judgment was inappropriate before discovery and that the plaintiffs were entitled to discovery on their claims prior to such point. 2017 WL 467731.

Under the defendant’s motion to dismiss, Judge Hollander held that plaintiffs' challenge to Maryland's parole system was cognizable under § 1983 because it did not challenge their sentences or convictions themselves. However, she also concluded that the plaintiffs' did not make a plausible claim that Maryland's parole system violated Article 25 of the Maryland Declaration of Rights. On the statute of limitations defense and administrative exhaustion claims, Judge Hollander held that the plaintiffs' complaint was not time-barred nor exhausted.

Finally, on the motion to dismiss, Judge Hollander concluded that the Supreme Court's decisions in Miller, Graham, and Montgomery applied to juvenile prisoners sentenced to life without parole. Since the governor's clemency authority lacked any clear standards and since parole was almost never granted to juvenile lifers, the plaintiffs stated a plausible claim that they had no meaningful opportunity for release, in violation of the Eighth Amendment and Article 25 of the Maryland Declaration of Rights. As such, the plaintiffs "sufficiently alleged that Maryland’s parole system operates as a system of executive clemency, in which opportunities for release are 'remote,' rather than a true parole scheme in which opportunities for release are 'meaningful' and 'realistic,' as required in Graham."

Judge Hollander then directed the defendants to answer the complaint, which they did on February 28, 2017.

On March 30, the case was referred to Magistrate Judge A. David Copperthite for settlement. On August 1, the case was referred to Magistrate Judge. J. Mark Coulson for discovery and related scheduling. From March 30 to October 6, the parties engaged in discovery and litigation surrounding the terms of discovery. On September 27, 2017, Judge Coulson issued an order granting in part and denying in part the plaintiffs' motion to compel. Plaintiffs' were seeking "risk assessment" documents of inmates in efforts to better understand the parole process. Defendants opposed this due to confidentiality concerns for inmates not related to this matter. Judge Coulson allowed for six "risk assessment" reports be given to the plaintiffs in order to protect confidentiality while also allowing the plaintiffs some degree of information to better understand the process. 2017 WL 4280779.

The parties were engaged in settlement negotiations until negotiations fell apart in June of 2018. On June 28, 2018, plaintiffs moved for a partial judgment on the pleadings and a permanent injunction. The motion alleged that the role of the Governor in Maryland's parole system was unconstitutional in that sole authority to parole was given to the Governor. Furthermore, the parole system failed to make a distinction for juveniles, which the Supreme Court had held are entitled to an opportunity to demonstrate maturity and rehabilitation. The permanent injunction would stipulate to parole boards that they consider juvenile lifers for parole in their normal course, without the approval or review of the Governor.

On October 17, 2018, Judge Coulson issued a memorandum opinion concerning a discovery dispute. The defendants had sought a protective order regarding confidential information, namely inmate records, the tests administered in the parole process, and personnel records of psychologists who conduct those tests. Judge Coulson approved the protective order for the inmates records and denied it for the tests and personnel records as long as the personnel records had redacted identifying information. 2018 WL 5026369. Judge Coulson issued another order on October 25, 2018, limiting plaintiffs' access to only records concerning the actions of the Governor when Governor Hogan was in office. 2018 WL 5026369.

Judge Coulson again issued a memorandum order concerning a discovery dispute on July 15, 2019. Plaintiffs had moved for reconsideration of the limit on risk assessment records of juveniles. Judge Coulson denied the motion, asserting that the plaintiffs were simply trying to relitigate a prior ruling. 2019 WL 3081196.

On February 3, 2020, the parties jointly moved to administratively stay the case, which the court granted that same day. The case remained stayed while the parties engaged in settlement negotiations. Eventually, on February 15, 2021, the parties reported to the court that they had reached an agreement.  

The settlement agreement provided for revisions to the Maryland Parole Commission's juvenile lifer parole policies, practices, and procedures.  Among the agreement's requirements: 

  • No more than 18 months from parole hearing to final parole decision, including any gubernatorial consideration; 
  • Written policies, to be promulgated by the Parole Commission, to require, among other things: notification in writing of the right to seek judicial review of a parole decision; written decisions providing specific findings to support denial of parole and guidance for improvement; recording of parole hearings; and diminished salience of the nature or circumstances of the offense. 
  • Security reclassifications and guidance to case managers about security classifications for juvenile lifers; 
  • The Parole Commission would propose for adoption a regulation requiring appropriate consideration of youth at the time of the offense and would develop training materials about the application of the youth factor and consideration of risk assessments; 
  • Changes to governing regulations requiring the Commission to consider whether the parole-eligible juvenile lifer had demonstrated maturity and rehabilitation since commission of the offense and to consider mitigating factors of youth. 

The parties could seek enforcement of the settlement agreement by the court, with the enforcement provision set to expire four years from the effective date of the agreement.  

On April 14, 2021, the court granted the parties' consent motion to dismiss the case, directing the clerk to close the case, but acknowledging that the case could be reopened for purposes of seeking enforcement of the parties' private settlement agreement. Thereafter, the court briefly reopened the case to consider and, on May 26, 2021, deny a motion seeking reconsideration of the court's August 2016 decision to deny intervenor status.  As of May 26, 2021, the case has been closed.  

Summary Authors

Craig Streit (3/27/2017)

Chelsea Rinnig (1/30/2018)

Cedar Hobbs (1/31/2020)

Related Cases

LeBlanc v. Mathena, Eastern District of Virginia (2012)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5275934/parties/maryland-restorative-justice-initiative-v-hogan/


Judge(s)
Attorney for Plaintiff

Borja, Mary E (District of Columbia)

Attorney for Defendant

Arnquist, Lisa O Mara (Maryland)

Baron, Susan Howe (Maryland)

Bernhardt, Julia Doyle (Maryland)

Expert/Monitor/Master/Other

Butler, Russell Paul (Maryland)

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Documents in the Clearinghouse

Document

1:16-cv-01021

Docket [PACER]

Feb. 3, 2020

Feb. 3, 2020

Docket
1

1:16-cv-01021

Complaint for Declarator Relief, Injunctive Relief, and Attorney's Fees

Maryland Restorative Justice Initiative et al v. Hogan

April 6, 2016

April 6, 2016

Complaint
23

1:16-cv-01021

Defendants' Motion to Dismiss, or in the Alternative, Motion for Summary Judgment

Maryland Restorative Justice Initiative et al v. Hogan

July 8, 2016

July 8, 2016

Pleading / Motion / Brief
33

1:16-cv-01021

Order

Maryland Restorative Justice Initiative et al v. Hogan

Aug. 30, 2016

Aug. 30, 2016

Order/Opinion
32

1:16-cv-01021

Memorandum Opinion

Maryland Restorative Justice Initiative et al v. Hogan

Aug. 30, 2016

Aug. 30, 2016

Order/Opinion
48

1:16-cv-01021

Memorandum to Counsel

Maryland Restorative Justice Initiative et al v. Hogan

Dec. 7, 2016

Dec. 7, 2016

Order/Opinion
52

1:16-cv-01021

Order on Plaintiffs' Consent Motion for Writs of Habeas Corpus

Maryland Restorative Justice Initiative et al v. Hogan

Dec. 20, 2016

Dec. 20, 2016

Order/Opinion
51

1:16-cv-01021

Plaintiffs' Consent Motion for Writ of Habeas Corpus

Maryland Restorative Justice Initiative et al v. Hogan

Dec. 20, 2016

Dec. 20, 2016

Pleading / Motion / Brief
66

1:16-cv-01021

Order

Maryland Restorative Justice Initiative et al v. Hogan

Feb. 3, 2017

Feb. 3, 2017

Order/Opinion
65

1:16-cv-01021

Memorandum Opinion

Maryland Restorative Justice Initiative et al v. Hogan

Feb. 3, 2017

Feb. 3, 2017

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5275934/maryland-restorative-justice-initiative-v-hogan/

Last updated Feb. 3, 2024, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0416-5947755.), filed by Maryland Restorative Justice Initiative. (Attachments: # 1 Civil Cover Sheet, # 2 Summons to Def. Larry Hogan, # 3 Summons to Def. David Blumberg, # 4 Summons to Def. Stephen Moyer, # 5 Summons to Def. Wayne Webb)(Kumar, Sonia) (Entered: 04/06/2016)

April 6, 2016

April 6, 2016

Clearinghouse
2

MOTION to Appear Pro Hac Vice for James E. Brown ( Filing fee $ 50, receipt number 0416-5949165.) by Maryland Restorative Justice Initiative (Jacobs, Gregory) (Entered: 04/06/2016)

April 6, 2016

April 6, 2016

PACER
3

Summons Issued 21 days as to David Blumberg, Larry Hogan, Stephen Moyer, Wayne Webb. (ko, Deputy Clerk) (Entered: 04/07/2016)

April 7, 2016

April 7, 2016

PACER
4

QC NOTICE: 2 Motion to Appear Pro Hac Vice filed by Maryland Restorative Justice Initiative needs to be modified. See attachment for details and corrective actions needed regarding the signature(s) on the motion. (srd, Deputy Clerk) (Entered: 04/11/2016)

April 11, 2016

April 11, 2016

PACER
5

NOTICE of Appearance by Russell Paul Butler on behalf of Roberta Roper, Patti Krogmann, Deborah Kempl, Jessica Fisher, Maryland Crime Victims' Resource Center, Inc. (Butler, Russell) (Entered: 05/26/2016)

May 26, 2016

May 26, 2016

PACER
6

(FILED IN ERROR) MOTION to Intervene as of Right and by Permission of the Court by Jessica Fisher, Deborah Kempl, Patti Krogmann, Maryland Crime Victims' Resource Center, Inc., Roberta Roper Responses due by 6/13/2016 (Attachments: # 1 Text of Proposed Order Draft order, # 2 Appendix Intervenor Defendants' Motion to Dismiss, # 3 Appendix Intervenor Defendants' Memo on Motion to Dismiss, # 4 Appendix Apx A Chart of Sentences, # 5 Appendix Intervenor Defendants' Answer)(Butler, Russell) Modified on 5/27/2016 (bmhs, Deputy Clerk). (Entered: 05/26/2016)

May 26, 2016

May 26, 2016

PACER
7

(FILED IN ERROR) Memorandum re 6 MOTION to Intervene as of Right and by Permission of the Court in Support of Intervention filed by Jessica Fisher, Deborah Kempl, Patti Krogmann, Maryland Crime Victims' Resource Center, Inc., Roberta Roper. (Attachments: # 1 Appendix Apx A Testifiers on HB 1323 (2016), # 2 Appendix Apx B AG Letter in Support of HB 1323 (2016))(Butler, Russell) Modified on 5/27/2016 (bmhs, Deputy Clerk). (Entered: 05/26/2016)

May 26, 2016

May 26, 2016

PACER
8

QC NOTICE: 6 Motion to Intervene and 7 Memorandum filed by Jessica Fisher, Roberta Roper, Maryland Crime Victims' Resource Center, Inc., Deborah Kempl, Patti Krogmann was filed incorrectly. **A motion, supporting memorandum, exhibits, and proposed order must be filed as one entry. The motion should be filed as the main document with the supporting memorandum, exhibits, and proposed order as a separate attachments to the main document. It has been noted as FILED IN ERROR, and the document link has been disabled. (bmhs, Deputy Clerk) (Entered: 05/27/2016)

May 27, 2016

May 27, 2016

PACER
9

Corrected MOTION to Intervene of Right and by Permission of Court by Jessica Fisher, Deborah Kempl, Patti Krogmann, Maryland Crime Victims' Resource Center, Inc., Roberta Roper Responses due by 6/13/2016 (Attachments: # 1 Text of Proposed Order Intervenors' Draft order to intervene, # 2 Appendix Intervenors' Memorandum on Motion to Intervene, # 3 Appendix Intervenors' Apx A of Memo to Intervene Testifiers, # 4 Appendix Intervenors' Apx B of Memo to Intervene AG testimony, # 5 Appendix Intervenors' 12b6 Motion to Dismiss, # 6 Appendix Intervenors' 12b6 Memo to Dismiss, # 7 Appendix Intervenors' Apx A of 12b6 Memo to Dismiss, # 8 Appendix Intervenors' Answer to Complaint)(Butler, Russell) (Entered: 05/27/2016)

May 27, 2016

May 27, 2016

PACER
10

NOTICE of Appearance by Victor D Stone on behalf of Jessica Fisher, Deborah Kempl, Patti Krogmann, Maryland Crime Victims' Resource Center, Inc., Roberta Roper (Stone, Victor) (Entered: 05/31/2016)

May 31, 2016

May 31, 2016

PACER
11

NOTICE of Appearance by Michael O Connor Doyle on behalf of All Defendants (Doyle, Michael) (Entered: 06/03/2016)

June 3, 2016

June 3, 2016

PACER
12

NOTICE of Appearance by Steven M Sullivan on behalf of All Defendants (Sullivan, Steven) (Entered: 06/03/2016)

June 3, 2016

June 3, 2016

PACER
13

NOTICE by Wayne Webb of Substitution of Party (Sullivan, Steven) (Entered: 06/03/2016)

June 3, 2016

June 3, 2016

PACER
14

Consent MOTION for Extension of Time to File Response/Reply as to 1 Complaint, by Larry Hogan. Responses due by 6/20/2016 (Attachments: # 1 Text of Proposed Order)(Sullivan, Steven) (Entered: 06/03/2016)

June 3, 2016

June 3, 2016

PACER
15

ORDER granting 14 Motion for Extension of Time. Signed by Judge Ellen L. Hollander on 6/3/2016. (bmhs, Deputy Clerk) (Entered: 06/06/2016)

June 3, 2016

June 3, 2016

PACER
16

RESPONSE to Motion re 9 Corrected MOTION to Intervene of Right and by Permission of Court filed by Larry Hogan. Replies due by 6/30/2016. (Sullivan, Steven) (Entered: 06/13/2016)

June 13, 2016

June 13, 2016

PACER
17

RESPONSE in Opposition re 9 Corrected MOTION to Intervene of Right and by Permission of Court filed by Nathaniel Foster, Maryland Restorative Justice Initiative, Calvin McNeill, Kenneth Tucker. Replies due by 6/30/2016. (Kumar, Sonia) (Entered: 06/13/2016)

June 13, 2016

June 13, 2016

PACER
18

REPLY to Response to Motion re 9 Corrected MOTION to Intervene of Right and by Permission of Court filed by Jessica Fisher, Deborah Kempl, Patti Krogmann, Maryland Crime Victims' Resource Center, Inc., Roberta Roper. (Attachments: # 1 Appendix A. Circuit Court Victim representative assesrtion in Lawson, # 2 Appendix B. CSA Victim's representative assertion in Tunstall, # 3 Appendix C. CSA Victim's Representative's Appendix in Tunstall, # 4 Appendix D. CSA State Appelle Reply Breif in Tunstall, # 5 Appendix E. CSA State consession in Tunstall, # 6 Appendix F. CSA State concession in Alvira, # 7 Appendix G. CSA State concession in Holly, # 8 Appendix H. Pending Foster federal habeas, # 9 Appendix I. Pending Foster federal supplement, # 10 Appendix J. Pending Foster federal habeas form, # 11 Appendix K. Tunstall federal habeas update, # 12 Appendix L. June 2, 2016 DPSCS Directive)(Butler, Russell) (Entered: 06/23/2016)

June 23, 2016

June 23, 2016

PACER
19

MOTION to Withdraw as Attorney James E. Brown by Maryland Restorative Justice Initiative Responses due by 7/14/2016 (Fleishman, Barry) (Entered: 06/27/2016)

June 27, 2016

June 27, 2016

PACER
20

Consent MOTION for Extension of Time to File Response/Reply as to 1 Complaint, by Larry Hogan. Responses due by 7/18/2016 (Attachments: # 1 Text of Proposed Order)(Sullivan, Steven) (Entered: 06/29/2016)

June 29, 2016

June 29, 2016

PACER
21

ORDER granting 20 Defendants' Consent Motion for Extension of Time. Signed by Judge Ellen L. Hollander on 6/29/2016. (bmhs, Deputy Clerk) (Entered: 06/30/2016)

June 29, 2016

June 29, 2016

PACER
22

MOTION for Leave to File Excess Pages for Memorandum in Support of Motion to Dismiss or, in the Alternative, Motion for Summary Judgment by Larry Hogan Responses due by 7/25/2016 (Attachments: # 1 Text of Proposed Order)(Sullivan, Steven) (Entered: 07/08/2016)

July 8, 2016

July 8, 2016

PACER
23

MOTION to Dismiss or in the Alternative, Motion for Summary Judgment, MOTION to Dismiss for Failure to State a Claim by Larry Hogan Responses due by 7/25/2016 (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Exhibit Exhibit 1, # 4 Exhibit Exhibit 2, # 5 Exhibit Exhibit 3)(Sullivan, Steven) (Entered: 07/08/2016)

July 8, 2016

July 8, 2016

Clearinghouse
24

ORDER granting 22 Motion for Leave to File Excess Pages. Signed by Judge Ellen L. Hollander on 7/8/2016. (bmhs, Deputy Clerk) (Entered: 07/11/2016)

July 8, 2016

July 8, 2016

PACER
25

NOTICE of Appearance by Julia Doyle Bernhardt on behalf of All Defendants (Bernhardt, Julia) (Entered: 07/11/2016)

July 11, 2016

July 11, 2016

PACER
26

Consent MOTION for Extension of Time to File Response/Reply as to 23 MOTION to Dismiss or in the Alternative, Motion for Summary Judgment MOTION to Dismiss for Failure to State a Claim by Maryland Restorative Justice Initiative Responses due by 8/1/2016 (Attachments: # 1 Exhibit Proposed Order)(Fleishman, Barry) (Entered: 07/14/2016)

July 14, 2016

July 14, 2016

PACER
27

ORDER granting 26 Plaintiffs' Consent Motion for Extension of Time. Signed by Judge Ellen L. Hollander on 7/14/2016. (bmhs, Deputy Clerk) (Entered: 07/15/2016)

July 14, 2016

July 14, 2016

PACER
28

MOTION for Extension of Time To Request Reconsideration of Order Regarding Page Limitations by Maryland Restorative Justice Initiative Responses due by 8/1/2016 (Attachments: # 1 Exhibit Proposed Order)(Fleishman, Barry) (Entered: 07/15/2016)

July 15, 2016

July 15, 2016

PACER
29

ORDER granting 28 Plaintiff's Motion for Extension of Time. Signed by Judge Ellen L. Hollander on 7/15/2016. (bmhs, Deputy Clerk) (Entered: 07/15/2016)

July 15, 2016

July 15, 2016

PACER
30

Amended Correspondence Correcting Earlier Submission: 27 Order on Motion for Extension of Time to File Response/Reply, 9 Motion to Intervene,,, Updating proposed order to align dates for Plaintiffs' responses to Motions to Dismiss (Butler, Russell) (Entered: 07/15/2016)

July 15, 2016

July 15, 2016

PACER
31

Corrected Correspondence Correcting Earlier Submission: 30 Correcting earlier submission, Updating proposed order to align dates for Plaintiffs' responses to Motions to Dismiss (Butler, Russell) (Entered: 07/15/2016)

July 15, 2016

July 15, 2016

PACER
32

MEMORANDUM OPINION. Signed by Judge Ellen L. Hollander on 8/30/2016. (bmhs, Deputy Clerk) (Entered: 08/30/2016)

Aug. 30, 2016

Aug. 30, 2016

Clearinghouse
33

ORDER denying 9 Motion to Intervene; and granting Movants amicus curiae status. Signed by Judge Ellen L. Hollander on 8/30/2016. (bmhs, Deputy Clerk) (Entered: 08/30/2016)

Aug. 30, 2016

Aug. 30, 2016

Clearinghouse
34

RESPONSE in Support re 26 Consent MOTION for Extension of Time to File Response/Reply as to 23 MOTION to Dismiss or in the Alternative, Motion for Summary Judgment MOTION to Dismiss for Failure to State a Claim, 28 MOTION for Extension of Time To Request Reconsideration of Order Regarding Page Limitations, 23 MOTION to Dismiss or in the Alternative, Motion for Summary Judgment MOTION to Dismiss for Failure to State a Claim AMICI MEMORANDUM IN SUPPORT OF DEFENDANTS MOTION TO DISMISS, OR IN THE ALTERNATIVE, MOTION FOR SUMMARY JUDGMENT filed by Jessica Fisher, Deborah Kempl, Patti Krogmann, Maryland Crime Victims' Resource Center, Inc., Roberta Roper. Replies due by 9/19/2016. (Attachments: # 1 Exhibit Amici Exhibit # 1, # 2 Exhibit Amici Exhibit # 2, # 3 Exhibit Amici Exhibit # 3)(Butler, Russell) (Entered: 08/31/2016)

Aug. 31, 2016

Aug. 31, 2016

PACER
35

RESPONSE in Opposition re 23 MOTION to Dismiss or in the Alternative, Motion for Summary Judgment MOTION to Dismiss for Failure to State a Claim filed by Nathaniel Foster, Maryland Restorative Justice Initiative, Calvin McNeill, Kenneth Tucker. Replies due by 9/26/2016. (Attachments: # 1 Affidavit of Barry J. Fleishman)(Fleishman, Barry) (Entered: 09/09/2016)

Sept. 9, 2016

Sept. 9, 2016

PACER
36

MOTION to Strike 34 Response in Support of Motion,,, Filings by Amici Curiae by Nathaniel Foster, Maryland Restorative Justice Initiative, Calvin McNeill, Kenneth Tucker Responses due by 9/26/2016 (Attachments: # 1 Exhibit Memorandum in Support of Motion to Strike)(Jeon, Deborah) (Entered: 09/09/2016)

Sept. 9, 2016

Sept. 9, 2016

PACER
37

Consent MOTION for Extension of Time to File Response/Reply as to 35 Response in Opposition to Motion, to Dismiss, or in the Alternative, Motion for Summary Judgment by David Blumberg, Dayena M. Corcoran, Larry Hogan, Stephen Moyer Responses due by 10/11/2016 (Attachments: # 1 Text of Proposed Order)(Doyle, Michael) (Entered: 09/21/2016)

Sept. 21, 2016

Sept. 21, 2016

PACER
38

ORDER granting 37 Consent Motion for Extension of Time. Signed by Judge Ellen L. Hollander on 9/21/2016. (bmhs, Deputy Clerk) (Entered: 09/22/2016)

Sept. 22, 2016

Sept. 22, 2016

PACER
39

NOTICE of Appearance by Jennifer Malia Sullam on behalf of Deborah Kempl, Patti Krogmann, Maryland Crime Victims' Resource Center, Inc., Roberta Roper, and Jessica Fisher. (Sullam, Jennifer) Modified on 9/27/2016 (bmhs, Deputy Clerk). (Entered: 09/26/2016)

Sept. 26, 2016

Sept. 26, 2016

PACER
40

RESPONSE in Opposition re 36 MOTION to Strike 34 Response in Support of Motion,,, Filings by Amici Curiae filed by Jessica Fisher, Deborah Kempl, Patti Krogmann, Maryland Crime Victims' Resource Center, Inc., Roberta Roper. Replies due by 10/14/2016. (Sullam, Jennifer) (Entered: 09/26/2016)

Sept. 26, 2016

Sept. 26, 2016

PACER
41

REPLY to Response to Motion re 23 MOTION to Dismiss or in the Alternative, Motion for Summary Judgment MOTION to Dismiss for Failure to State a Claim filed by David Blumberg. (Attachments: # 1 Exhibit Declaration of David R. Blumberg)(Sullivan, Steven) (Entered: 10/11/2016)

Oct. 11, 2016

Oct. 11, 2016

PACER
42

REPLY to Response to Motion re 36 MOTION to Strike 34 Response in Support of Motion,,, Filings by Amici Curiae filed by Nathaniel Foster, Maryland Restorative Justice Initiative, Calvin McNeill, Kenneth Tucker. (Kumar, Sonia) (Entered: 10/12/2016)

Oct. 12, 2016

Oct. 12, 2016

PACER
43

MOTION for Leave to File Surreply by Nathaniel Foster, Maryland Restorative Justice Initiative, Calvin McNeill, Kenneth Tucker Responses due by 11/4/2016 (Attachments: # 1 Text of Proposed Order)(Jeon, Deborah) (Entered: 10/18/2016)

Oct. 18, 2016

Oct. 18, 2016

PACER
44

RESPONSE to Motion re 43 MOTION for Leave to File Surreply filed by David Blumberg, Dayena M. Corcoran. Replies due by 11/10/2016. (Sullivan, Steven) (Entered: 10/24/2016)

Oct. 24, 2016

Oct. 24, 2016

PACER
45

REPLY to Response to Motion re 43 MOTION for Leave to File Surreply filed by Nathaniel Foster, Maryland Restorative Justice Initiative, Calvin McNeill, Kenneth Tucker. (Attachments: # 1 Proposed Surreply)(Kumar, Sonia) (Entered: 11/04/2016)

Nov. 4, 2016

Nov. 4, 2016

PACER
46

PAPERLESS ORDER. A motions hearing has been scheduled for December 21, 2016, at 2:15 p.m. in Courtroom 5B. Signed by Judge Ellen L. Hollander on 12/2/2016. (kw, Chambers) (Entered: 12/02/2016)

Dec. 2, 2016

Dec. 2, 2016

PACER
47

PAPERLESS ORDER. The motions hearing scheduled for December 21, 2016, has been rescheduled to January 4, 2017, at 10:00 a.m. in Courtroom 5B. Signed by Judge Ellen L. Hollander on 12/7/2016. (kw, Chambers) (Entered: 12/07/2016)

Dec. 7, 2016

Dec. 7, 2016

PACER
48

MEMORANDUM to Counsel. Signed by Judge Ellen L. Hollander on 12/7/2016. (bmhs, Deputy Clerk) (Entered: 12/07/2016)

Dec. 7, 2016

Dec. 7, 2016

Clearinghouse
49

Memorandum re 23 MOTION to Dismiss or in the Alternative, Motion for Summary Judgment MOTION to Dismiss for Failure to State a Claim Impact of LeBlanc Decision filed by Maryland Restorative Justice Initiative.(Fleishman, Barry) (Entered: 12/16/2016)

Dec. 16, 2016

Dec. 16, 2016

PACER
50

Supplemental to 23 MOTION to Dismiss or in the Alternative, Motion for Summary Judgment MOTION to Dismiss for Failure to State a Claim filed by David Blumberg, Dayena M. Corcoran Briefing Addressing LeBlanc v. Mathena (Sullivan, Steven) (Entered: 12/16/2016)

Dec. 16, 2016

Dec. 16, 2016

PACER
51

Consent MOTION for Writ of Habeas Corpus ad testificandum by Nathaniel Foster, Maryland Restorative Justice Initiative, Calvin McNeill, Kenneth Tucker (Attachments: # 1 Exhibit Memorandum of Law, # 2 Text of Proposed Order, # 3 Exhibit Writ of Habeas Corpus - Nathaniel Foster, # 4 Exhibit Writ of Habeas Corpus - Calvin McNeill, # 5 Exhibit Writ of Habeas Corpus - Kenneth Tucker)(Jeon, Deborah) (Entered: 12/20/2016)

Dec. 20, 2016

Dec. 20, 2016

Clearinghouse
52

ORDER granting 51 Plaintiffs' Consent Motion for Writ of Habeas Corpus. Signed by Judge Ellen L. Hollander on 12/20/2016. (bmhs, Deputy Clerk) (Entered: 12/20/2016)

Dec. 20, 2016

Dec. 20, 2016

Clearinghouse
53

WRIT of Habeas Corpus issued as to Calvin McNeill. (bmhs, Deputy Clerk) (Entered: 12/20/2016)

Dec. 20, 2016

Dec. 20, 2016

PACER
54

WRIT of Habeas Corpus issued as to Nathaniel Foster. (bmhs, Deputy Clerk) (Entered: 12/20/2016)

Dec. 20, 2016

Dec. 20, 2016

PACER
55

WRIT of Habeas Corpus issued as to Kenneth Tucker. (bmhs, Deputy Clerk) (Entered: 12/20/2016)

Dec. 20, 2016

Dec. 20, 2016

PACER
56

Substantive legal issues - addressing (Sullam, Jennifer) (Entered: 12/21/2016)

Dec. 21, 2016

Dec. 21, 2016

PACER
57

REPLY to Response to Motion re 23 MOTION to Dismiss or in the Alternative, Motion for Summary Judgment MOTION to Dismiss for Failure to State a Claim (concerning Impact of LeBlanc) filed by Nathaniel Foster, Maryland Restorative Justice Initiative, Calvin McNeill, Kenneth Tucker.(Jeon, Deborah) (Entered: 12/28/2016)

Dec. 28, 2016

Dec. 28, 2016

PACER
58

Supplemental to 23 MOTION to Dismiss or in the Alternative, Motion for Summary Judgment MOTION to Dismiss for Failure to State a Claim filed by David Blumberg, Dayena M. Corcoran, Larry Hogan, Stephen Moyer Reply Memorandum Addressing LeBlanc v. Mathena (Doyle, Michael) (Entered: 12/28/2016)

Dec. 28, 2016

Dec. 28, 2016

PACER
59

ORDER granting 43 Motion for Leave to File a Surreply to Defendants' Reply in Support of defendants' Motion to Dismiss, or in the Alternative, for Summary Judgment. Signed by Judge Ellen L. Hollander on 1/3/2017. (bmhs, Deputy Clerk) (Entered: 01/03/2017)

Jan. 3, 2017

Jan. 3, 2017

PACER
60

Surreply to 23 Defendants' MOTION to Dismiss or in the Alternative, Motion for Summary Judgment filed by Nathaniel Foster, Maryland Restorative Justice Initiative, Calvin McNeill, Kenneth Tucker.(bmhs, Deputy Clerk) (Entered: 01/03/2017)

Jan. 3, 2017

Jan. 3, 2017

PACER
61

Motion Hearing held on 1/4/2017 re 23 MOTION to Dismiss or in the Alternative, Motion for Summary Judgment MOTION to Dismiss for Failure to State a Claim filed by Larry Hogan before Judge Ellen L. Hollander.(Court Reporter: Mary Zajac) (J Herndon, Deputy Clerk) (Entered: 01/04/2017)

Jan. 4, 2017

Jan. 4, 2017

PACER
62

Correspondence from Robert Haughie (Attachments: # 1 Exhibit)(ko, Deputy Clerk) (Entered: 01/10/2017)

Jan. 5, 2017

Jan. 5, 2017

PACER
63

Correspondence re: Withdrawal of Appearance (Sullam, Jennifer) (Entered: 01/25/2017)

Jan. 25, 2017

Jan. 25, 2017

PACER
64

MARGINAL ORDER approving 63 Withdrawal of Appearance. Signed by Judge Ellen L. Hollander on 1/25/2017. (bmhs, Deputy Clerk) (Entered: 01/26/2017)

Jan. 25, 2017

Jan. 25, 2017

PACER
65

MEMORANDUM OPINION. Signed by Judge Ellen L. Hollander on 2/3/2017. (bmhs, Deputy Clerk) (Entered: 02/03/2017)

Feb. 3, 2017

Feb. 3, 2017

Clearinghouse
66

ORDER denying 36 Plaintiffs' Motion to Strike; and granting in part and denying in part 23 Defendants' Motion to Dismiss, or in the Alternative, Motion for Summary Judgment, construed as a Motion to Dismiss. Signed by Judge Ellen L. Hollander on 2/3/2017. (bmhs, Deputy Clerk) (Entered: 02/03/2017)

Feb. 3, 2017

Feb. 3, 2017

Clearinghouse
67

ORDER directing Defendants to file an answer to the Complaint. Signed by Judge Ellen L. Hollander on 2/6/2017. (bmhs, Deputy Clerk) (Entered: 02/06/2017)

Feb. 6, 2017

Feb. 6, 2017

PACER
68

NOTICE of Appearance by Susan Howe Baron on behalf of All Defendants (Baron, Susan) (Entered: 02/28/2017)

Feb. 28, 2017

Feb. 28, 2017

PACER
69

ANSWER to 1 Complaint, by David Blumberg, Dayena M. Corcoran, Larry Hogan, Stephen Moyer.(Doyle, Michael) (Entered: 02/28/2017)

Feb. 28, 2017

Feb. 28, 2017

Clearinghouse
70

ORDER directing Counsel to submit a proposed scheduling to govern the progress of the litigation. Signed by Judge Ellen L. Hollander on 3/1/2017. (bmhs, Deputy Clerk) (Entered: 03/01/2017)

March 1, 2017

March 1, 2017

PACER
71

NOTICE of Appearance by Alexander Haywood Merritt on behalf of Maryland Restorative Justice Initiative (Merritt, Alexander) (Entered: 03/20/2017)

March 20, 2017

March 20, 2017

PACER
72

NOTICE of Appearance by Richard A Simpson on behalf of Maryland Restorative Justice Initiative (Simpson, Richard) (Entered: 03/20/2017)

March 20, 2017

March 20, 2017

PACER
73

NOTICE of Appearance by Mary E Borja on behalf of Maryland Restorative Justice Initiative (Borja, Mary) (Entered: 03/20/2017)

March 20, 2017

March 20, 2017

PACER
74

STATUS REPORT Parties' Proposed Schedule to Govern Progress of the Case by Nathaniel Foster, Maryland Restorative Justice Initiative, Calvin McNeill, Kenneth Tucker(Fleishman, Barry) (Entered: 03/22/2017)

March 22, 2017

March 22, 2017

PACER

Status Conference

March 29, 2017

March 29, 2017

PACER
75

ORDER REFERRING CASE to Magistrate Judge A. David Copperthite for Settlement. Signed by Judge Ellen L. Hollander on 3/30/2017 (cags, Deputy Clerk) (Entered: 03/30/2017)

March 30, 2017

March 30, 2017

PACER
76

SCHEDULING ORDER: Status Report due by 2/2/2018.. Signed by Judge Ellen L. Hollander on 3/30/2017. (Attachments: # 1 Standing Memorandum to Counsel Concerning Discovery)(bmhs, Deputy Clerk) (Entered: 03/30/2017)

March 30, 2017

March 30, 2017

PACER
77

ORDER Scheduling Settlement Conference. Signed by Magistrate Judge A. David Copperthite on 4/7/2017. (bmhs, Deputy Clerk) (Entered: 04/07/2017)

April 7, 2017

April 7, 2017

PACER
78

Correspondence from Judge Hollander to Bernard Miller re: Letter dated 5/8/17.(c/m 5/16/17 bmhs, Deputy Clerk) (Entered: 05/16/2017)

May 15, 2017

May 15, 2017

PACER
79

Supplemental to (Attachments: # 1 Supplement Suppl Controlling Authority)(Stone, Victor) (Entered: 06/14/2017)

June 14, 2017

June 14, 2017

PACER
80

NOTICE of Appearance by Alexander Haywood Merritt on behalf of Nathaniel Foster, Calvin McNeill, Kenneth Tucker (Merritt, Alexander) (Entered: 06/19/2017)

June 19, 2017

June 19, 2017

PACER
81

NOTICE of Appearance by Mary E Borja on behalf of Nathaniel Foster, Calvin McNeill, Kenneth Tucker (Borja, Mary) (Entered: 06/19/2017)

June 19, 2017

June 19, 2017

PACER
82

NOTICE of Appearance by Richard A Simpson on behalf of Nathaniel Foster, Calvin McNeill, Kenneth Tucker (Simpson, Richard) (Entered: 06/19/2017)

June 19, 2017

June 19, 2017

PACER
83

NOTICE of Appearance by Gary Scott Ward, Ward on behalf of All Plaintiffs (Ward, Gary) (Entered: 06/21/2017)

June 21, 2017

June 21, 2017

PACER
84

MOTION to Compel by Maryland Restorative Justice Initiative (Attachments: # 1 Exhibit MRJIs Motion to Compel, # 2 Exhibit Proposed Order Regarding MRJIs Motion to Compel, # 3 Exhibit Memorandum in Support of MRJIs Motion to Compel ("MRJI Memo"), # 4 Exhibit MRJI Memo, Exhibit 1, Defendants Objections to MRJIs April 18, 2017 Discovery Requests, # 5 Exhibit MRJI Memo, Exhibit 2, Plaintiffs Letter re Discovery Dispute, # 6 Exhibit MRJI Memo, Exhibit 3, Defendants Letter re Discovery Dispute, # 7 Exhibit Defendants Opposition to MRJIs Motion to Compel (Defs. Opp.), # 8 Exhibit Defs. Opp., Exhibit 1, Plaintiffs First Set of Interrogatories and Requests for Documents, # 9 Exhibit Defs. Opp., Exhibit 2, Defendants Objections to MRJIs April 18, 2017 Discovery Requests, # 10 Exhibit Defs. Opp., Exhibit 3, Defendants Answers to MRJIs Interrogatories, # 11 Exhibit Defs. Opp., Exhibit 4, Declaration of David R. Blumberg, # 12 Exhibit Defs. Opp., Exhibit 4, Declaration of David R. Blumberg, Attachment A, # 13 Exhibit MRJIs Reply in Support of Its Motion to Compel (MRJI Reply), # 14 Exhibit MRJI Reply, Exhibit 1, Defendants Responses to MRJIs First Requests for Production of Documents)(Simpson, Richard) (Entered: 07/31/2017)

July 31, 2017

July 31, 2017

PACER
85

ORDER REFERRING CASE to Magistrate Judge J. Mark Coulson for all discovery and related scheduling. Signed by Judge Ellen L. Hollander on 8/1/2017 (cags, Deputy Clerk) (Entered: 08/01/2017)

Aug. 1, 2017

Aug. 1, 2017

PACER
86

PAPERLESS ORDER: The Court will hold a hearing on September 26, 2017 at 9:30am to hear argument by both parties regarding the discovery issues in Plaintiffs' Motion to Compel (ECF No. 84). Signed by Magistrate Judge J. Mark Coulson on 9/15/2017. (daws, Chambers) (Entered: 09/15/2017)

Sept. 15, 2017

Sept. 15, 2017

PACER
87

Discovery Hearing held on 9/26/2017 before Magistrate Judge J. Mark Coulson.(FTR: Vockroth) (kvs, Deputy Clerk) (Additional attachment(s) added on 9/26/2017: # 1 Civil Minutes) (kvs, Deputy Clerk). (Entered: 09/26/2017)

Sept. 26, 2017

Sept. 26, 2017

PACER
88

MEMORANDUM OPINION. Signed by Magistrate Judge J. Mark Coulson on 9/27/2017. (bmhs, Deputy Clerk) (Entered: 09/27/2017)

Sept. 27, 2017

Sept. 27, 2017

Clearinghouse
89

ORDER granting in part and denying in part 84 Plaintiffs' Motion to Compel. Signed by Magistrate Judge J. Mark Coulson on 9/27/2017. (bmhs, Deputy Clerk) (Entered: 09/27/2017)

Sept. 27, 2017

Sept. 27, 2017

PACER
90

Consent MOTION for Writ of Habeas Corpus ad testificandum by Nathaniel Foster, Maryland Restorative Justice Initiative, Calvin McNeill, Kenneth Tucker (Attachments: # 1 Memorandum in Support of Motion, # 2 Text of Proposed Order, # 3 Exhibit Writ of Habeas Corpus - Nathaniel Foster, # 4 Exhibit Writ of Habeas Corpus - Calvin McNeill, # 5 Exhibit Writ of Habeas Corpus - Kenneth Tucker)(Simpson, Richard) (Entered: 10/05/2017)

Oct. 5, 2017

Oct. 5, 2017

PACER
92

WRIT of Habeas Corpus Ad Testificandum issued as to Nathaniel Foster. (hmls, Deputy Clerk) Modified on 10/6/2017 (hmls, Deputy Clerk). (Entered: 10/06/2017)

Oct. 6, 2017

Oct. 6, 2017

PACER
93

WRIT of Habeas Corpus Ad Testificandum issued as to Calvin McNeill. (hmls, Deputy Clerk) (Entered: 10/06/2017)

Oct. 6, 2017

Oct. 6, 2017

PACER
94

WRIT of Habeas Corpus Ad Testificandum issued as to Kenneth Tucker. (hmls, Deputy Clerk) (Entered: 10/06/2017)

Oct. 6, 2017

Oct. 6, 2017

PACER
95

Consent MOTION for Extension of Time for Discovery and Modify Scheduling Order by Nathaniel Foster, Maryland Restorative Justice Initiative, Calvin McNeill, Kenneth Tucker (Attachments: # 1 Text of Proposed Order Amended Scheduling)(Simpson, Richard) (Entered: 10/06/2017)

Oct. 6, 2017

Oct. 6, 2017

PACER
96

AMENDED SCHEDULING ORDER: Status Report due by 3/5/2018. Signed by Judge Ellen L. Hollander on 10/6/2017. (kw2s, Deputy Clerk) (Entered: 10/10/2017)

Oct. 6, 2017

Oct. 6, 2017

PACER
97

PAPERLESS ORDER notifying counsel that the Settlement Conference scheduled for November 2, 2017 at 10:00 a.m. before Judge Copperthite will be held in Courtroom 3C.. Signed by Magistrate Judge A. David Copperthite on 10/27/2017. (Chambers) (Entered: 10/27/2017)

Oct. 27, 2017

Oct. 27, 2017

PACER

Telephone Conference

Nov. 1, 2017

Nov. 1, 2017

PACER

Settlement Conference

Nov. 2, 2017

Nov. 2, 2017

PACER
98

PAPERLESS ORDER CONFIRMING that a follow up Settlement Conference has been scheduled for Tuesday, January 2, 2018 at 10:00 a.m. Counsel should submit by December 29, 2017, brief supplemental ex parte letters summarizing settlement negotiations to date. Signed by Magistrate Judge A. David Copperthite on 11/6/2017. (Chambers) (Entered: 11/06/2017)

Nov. 6, 2017

Nov. 6, 2017

PACER

Case Details

State / Territory: Maryland

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Multi-LexSum (in sample)

Juvenile Parole

Key Dates

Filing Date: April 6, 2016

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The Maryland Restorative Justice Initiative, a non-profit organization dedicated to helping prisoners, and three prisoners sentenced to life in prison based on homicides committed as juveniles.

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Governor Larry Hogan, State

David Blumberg (Towson, Baltimore), State

Stephen Moyer (Baltimore City), State

Dayena M. Corcoran (Towson, Baltimore), State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Disciplinary procedures

Juveniles

Parole grant/revocation

Jails, Prisons, Detention Centers, and Other Institutions:

Good time

Grievance procedures