Case: Fox v. Peters

6:16-cv-01602 | U.S. District Court for the District of Oregon

Filed Date: Aug. 8, 2016

Closed Date: 2016

Clearinghouse coding complete

Case Summary

On August 8, 2016, the plaintiff brought this action under 42 U.S.C. § 1983 in the U.S. District Court for the District of Oregon against the Oregon Department of Corrections (ODOC) and the State of Oregon, claiming violations of the Eighth Amendment and Americans with Disabilities Act (ADA) and Rehabilitation Act. In July 2015, the plaintiff, a former prisoner, became paralyzed in his cell. Before his release into the community without any resources or the ability to take care of himself, the …

On August 8, 2016, the plaintiff brought this action under 42 U.S.C. § 1983 in the U.S. District Court for the District of Oregon against the Oregon Department of Corrections (ODOC) and the State of Oregon, claiming violations of the Eighth Amendment and Americans with Disabilities Act (ADA) and Rehabilitation Act. In July 2015, the plaintiff, a former prisoner, became paralyzed in his cell. Before his release into the community without any resources or the ability to take care of himself, the plaintiff sought emergency injunctive relief that he be released to an appropriate care facility paid by the State of Oregon for a reasonable period of time to provide him the ability to access care, as well as declaratory relief, and attorney's fees and costs.

The plaintiff claimed that the defendants failed to provide a reasonable accommodation and planned to release him without an adequate release plan, and denied him the rights and benefits in violation of the ADA and Rehabilitation Act.

On August 11, 2016, District Judge Michael J. McShane granted in part the plaintiff's motion for an emergency preliminary injunction. Judge McShane held that the ODOC was required to provide the plaintiff with a wheelchair upon release, and to release the plaintiff to an ADA-compliant motel. The ODOC was ordered to conduct twice-daily check-ins on the plaintiff through August 26, 2016: one contact by phone and one contact in-person.

On August 12, 2016, the defendants moved to modify the order to allow the check-ins to be provided by a representative from an adjacent correctional facility. The court granted the motion on the same day.

On September 1, 2016, Judge Michael J. McShane granted the defendants' unopposed motion for extension of time to answer.

Because the court's TRO made the plaintiff's claim moot, the plaintiff voluntarily dismissed this action without prejudice on September 13, 2016.

Summary Authors

Susie Choi (2/17/2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5511648/parties/fox-v-peters/


Judge(s)

McShane, Michael Jerome (Oregon)

Attorneys(s) for Plaintiff

Walsh, Lynn S (Oregon)

Attorneys(s) for Defendant

Nordyke, Vanessa A. (Oregon)

Judge(s)

McShane, Michael Jerome (Oregon)

Attorneys(s) for Plaintiff

Walsh, Lynn S (Oregon)

Attorneys(s) for Defendant

Nordyke, Vanessa A. (Oregon)

Documents in the Clearinghouse

Document

Docket [PACER]

Sept. 13, 2016 Docket
1

Fox v. Peters

Complaint

Aug. 8, 2016 Complaint
2

Order

Aug. 11, 2016 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5511648/fox-v-peters/

Last updated May 12, 2022

ECF Number Description Date Link
1

Complaint. (In forma pauperis status selected) Jury Trial Requested: No. Filed by Steven Fox against All Defendants (Attachments: # 1 Exhibit 1, # 2 Civil Cover Sheet). (Walsh, Lynn) (Entered: 08/08/2016)

Aug. 8, 2016
14

ORDER: The Court Grants in part Fox's Motion for an emergency preliminary injunction 2 . Through Friday, August 26, 2016, ODOC must conduct twice daily check ins on Fox. One contact may be by phone but one contact must be in-person. Signed on 8/11/2016 by Judge Michael J. McShane. (cp)

Aug. 11, 2016 RECAP
2

Emergency Motion for Temporary Restraining Order . Oral Argument requested.Expedited Hearing requested. Filed by Steven Fox. (Walsh, Lynn) (Entered: 08/08/2016)

Aug. 8, 2016
3

Declaration of Steven Fox . Filed by Steven Fox. (Related document(s): Motion for Temporary Restraining Order 2 .) (Walsh, Lynn) (Entered: 08/08/2016)

Aug. 8, 2016
4

Declaration of Lynn S. Walsh . Filed by Steven Fox. (Related document(s): Motion for Temporary Restraining Order 2 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Walsh, Lynn) (Entered: 08/08/2016)

Aug. 8, 2016

Filing fee in amount of $ 400.00 collected; Receipt No. 68605 issued. (msk) (Entered: 08/08/2016)

Aug. 8, 2016
5

Scheduling Order by Judge Michael J. McShane regarding Emergency Motion for Temporary Restraining Order 2 . Oral Argument is set for 8/10/2016 at 03:30PM in Eugene Courtroom 2 before Judge Michael J. McShane. Ordered by Judge Michael

Aug. 8, 2016
7

Verified Declaration of Steven Fox . Filed by Steven Fox. (Related document(s): Motion for Temporary Restraining Order 2 .) (Walsh, Lynn) (Entered: 08/09/2016)

Aug. 9, 2016
8

Waiver of Service of Summons Returned Executed Filed by State of Oregon. (Nordyke, Vanessa) (Entered: 08/10/2016)

Aug. 10, 2016
9

Declaration of Janet Reyna . Filed by Steven Fox. (Related document(s): Motion for Temporary Restraining Order 2 .) (Attachments: # 1 Exhibit 1) (Walsh, Lynn) (Entered: 08/10/2016)

Aug. 10, 2016
10

Response to Emergency Motion for Temporary Restraining Order 2 . Filed by Colette Peters, State of Oregon. (Nordyke, Vanessa) (Entered: 08/10/2016)

Aug. 10, 2016
11

Declaration of Steven Shelton MD . Filed by Colette Peters, State of Oregon. (Related document(s): Response to Motion 10 .) (Nordyke, Vanessa) (Entered: 08/10/2016)

Aug. 10, 2016
12

Declaration of Cindy Booth . Filed by Colette Peters, State of Oregon. (Related document(s): Response to Motion 10 .) (Nordyke, Vanessa) (Entered: 08/10/2016)

Aug. 10, 2016
13

MINUTES of Proceedings: Motion Hearing Held regarding Motion for Temporary Restraining Order 2 . Motion is taken under advisement as of 8/10/2016. Lynn S. Walsh present as counsel for plaintiff. Vanessa Nordyke present as counsel for defendants. Court Reporter: Deborah Bonds. Judge Michael J. McShane presiding. (cp) (Entered: 08/11/2016)

Aug. 10, 2016
14

ORDER: The Court Grants in part Fox's Motion for an emergency preliminary injunction 2 . Through Friday, August 26, 2016, ODOC must conduct twice daily check ins on Fox. One contact may be by phone but one contact must be in−person. Signed on 8/11/2016 by Judge Michael J. McShane. (cp) (Entered: 08/11/2016)

Aug. 11, 2016
15

Motion to Modify Order (Docket #14) . Filed by Colette Peters, State of Oregon. (Nordyke, Vanessa) (Entered: 08/12/2016)

Aug. 12, 2016
16

Declaration of Dale Primmer . Filed by Colette Peters, State of Oregon. (Related document(s): Motion − Miscellaneous 15 .) (Nordyke, Vanessa) (Entered: 08/12/2016)

Aug. 12, 2016
17

ORDER: Granting ODOC's Motion to Modify the Injuction 15 . The injunction is modified to state: ODOC must conduct twice−daily check−ins on plaintiff, or arrange to have a representative of the Umatilla County Community Corrections perform the twice daily check−ins, through August 26, 2016. Signed on 8/12/2016 by Judge Michael J. McShane. (cp) (Entered: 08/12/2016)

Aug. 12, 2016
18

Notice of Case Assignment to Judge Michael J. McShane and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3−5. Discovery is to be completed by 12/13/2016. Joint Alternate Dispute Resolution Report is due by 1/12/2017. Pretrial Order is due by 1/12/2017. Ordered by Judge Michael J. McShane. (ljb) (Entered: 08/15/2016)

Aug. 15, 2016
19

Unopposed Motion for Extension of Time to Answer Complaint 1 . Filed by All Defendants. (Nordyke, Vanessa) (Entered: 08/31/2016)

Aug. 31, 2016
20

Declaration of Vanessa A. Nordyke in Support of Unopposed Motion for Extension of Time to File Answer . Filed by All Defendants. (Related document(s): Motion for Extension of Time to Answer a Complaint/Petition 19 .) (Nordyke, Vanessa) (Entered: 08/31/2016)

Aug. 31, 2016
21

ORDER: Granting Defendant's Unopposed Motion for Extension of Time to Answer 19 . Answer is due by 9/14/2016. Ordered by Judge Michael J. McShane. (cp) (Entered: 09/01/2016)

Sept. 1, 2016

State / Territory: Oregon

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Aug. 8, 2016

Closing Date: 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A physically disabled prisoner

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Oregon Department of Corrections, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Form of Settlement:

Voluntary Dismissal

Content of Injunction:

Preliminary relief granted

Issues

Disability:

Mobility impairment

Medical/Mental Health:

Medical care, general

Type of Facility:

Government-run