Case: V.W. v. Conway

9:16-cv-01150 | U.S. District Court for the Northern District of New York

Filed Date: Sept. 21, 2016

Closed Date: 2019

Clearinghouse coding complete

Case Summary

On September 21, 2016, six named plaintiffs filed this class action lawsuit against Onondaga County in the U.S. District Court for the Northern District of New York. Represented by the New York Civil Liberties Union Foundation and Legal Services of Central New York, the plaintiffs challenged the isolation of juveniles in solitary confinement at the County Justice Center. This practice, they alleged, violated the Eighth and Fourteenth Amendments of the Constitution. In addition to exposing them …

On September 21, 2016, six named plaintiffs filed this class action lawsuit against Onondaga County in the U.S. District Court for the Northern District of New York. Represented by the New York Civil Liberties Union Foundation and Legal Services of Central New York, the plaintiffs challenged the isolation of juveniles in solitary confinement at the County Justice Center. This practice, they alleged, violated the Eighth and Fourteenth Amendments of the Constitution. In addition to exposing them to serious harm, plaintiffs subclass members claimed the Onondaga Sherriff’s Office and Syracuse City School District denied them basic education and services under the Individuals with Disabilities Education Act (IDEA). The plaintiffs sought declaratory, injunctive, and monetary relief, as well as class action certification.

On January 2, 2017, the Civil Rights Division of the U.S. Department of Justice filed a statement of interest regarding the plaintiff’s motion for preliminary injunction. Citing both scientific findings and case law, the DOJ emphasized the greater psychological vulnerability of juveniles compared to adults. Specifically, the DOJ pointed to evidence that isolating juveniles causes serious harm.

This case was assigned to U.S. District Judge David N. Hurd. On February 22, 2017, Judge Hurd held the plaintiffs had complied with Rule 23’s requirements for class certification and demonstrated a substantial likelihood of success on the merits of their claims. Judge Hurd therefore, granted the plaintiffs’ motion for class certification and denied the defendants’ motion for summary judgment. The certified class was composed of 16- and 17-year-olds being detained at the Onondaga County Justice Center. He also ordered that defendants be immediately enjoined and restrained from imposing 23-hour disciplinary isolation. Judge Hurd further granted the plaintiffs’ motion for preliminary injunction and ordered that defendants immediately provide juveniles the proper education mandated under New York law, and specifically comply with the special education requirements under the IDEA. Finally, he ordered that all imposed discipline include meaningful social interaction with other and not directly harm a juvenile’s psychological condition.

On April 10, 2017, Judge Hurd approved the parties’ joint stipulation and order for an interim settlement agreement. On August 28, 2017, he approved the final settlement agreement. The settlement agreement prohibited any juvenile from being locked in solitary confinement unless the juvenile posed an imminent threat to the safety and security of the facility, and placed time limitations on how long the juvenile could be kept in solitary confinement. The settlement also prescribed procedures for staff to take to minimize and periodically reassess the circumstances requiring solitary confinement. Furthermore, the defendants were required to implement a comprehensive behavior management system and apply a least-restrictive sanctions system. Defendants were also required to provide certain education opportunities to the juveniles, especially those with a disability. Lastly, the settlement included reporting and monitoring procedures to ensure that the defendants adhered to the settlement conditions. The parties were to engage in good-faith negotiations over reasonable attorneys’ fees and costs for plaintiffs’ counsel after court approval of the settlement agreement.

The settlement was made court-enforceable, and was set to last until October 1, 2019, or until all juveniles were moved out of the relevant facility, whichever came last.

On December 13, 2017, the settlement was entered after the parties did not receive any class-member objections to the settlement agreement. No enforcement activity appears in the docket. On October 31, 2019, the parties notified the Court that all juveniles had been transferred out; the Court accordingly closed the case on November 8, 2019.

Summary Authors

Amanda Grill (1/22/2017)

Lisa Limb (3/22/2019)

Related Cases

A.T. v. Harder, Northern District of New York (2017)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4521717/parties/vw-v-conway/


Judge(s)

Hurd, David N. (New York)

Peebles, David E. (New York)

Attorneys(s) for Plaintiff

Cotter, Joshua T. (New York)

Desgranges, Philip L. (New York)

Dunn, Christopher (New York)

Hirose, Mariko (New York)

Kovel, Mariana Louise (New York)

Padmanabhan, Aadhithi (New York)

Stewart, Aimee Krause (District of Columbia)

Young, Samuel C (New York)

Judge(s)

Hurd, David N. (New York)

Peebles, David E. (New York)

Attorneys(s) for Plaintiff

Cotter, Joshua T. (New York)

Desgranges, Philip L. (New York)

Dunn, Christopher (New York)

Hirose, Mariko (New York)

Kovel, Mariana Louise (New York)

Padmanabhan, Aadhithi (New York)

Stewart, Aimee Krause (District of Columbia)

Young, Samuel C (New York)

Attorneys(s) for Defendant

Dougherty, Kathleen M. (New York)

Fellows, Jonathan B. (New York)

Reid, Kate I. (New York)

Rhinehart, Carol L. (New York)

Other Attorney(s)

Smiddie, Kyle (District of Columbia)

Documents in the Clearinghouse

Document

9:16-cv-01150

Docket [PACER]

Nov. 8, 2019

Nov. 8, 2019

Docket
1

9:16-cv-01150

Class Action Complaint

Sept. 21, 2016

Sept. 21, 2016

Complaint
5-1

9:16-cv-01150

Plaintiffs' Memorandum of Law in Support of Motion for Class Certification

Sept. 23, 2016

Sept. 23, 2016

Pleading / Motion / Brief
51

9:16-cv-01150

Statement of Interest of the United States

Jan. 3, 2017

Jan. 3, 2017

Pleading / Motion / Brief
68

9:16-cv-01150

Memorandum-Decision and Order

236 F.Supp.3d 554, 2017 WL 696808

Feb. 22, 2017

Feb. 22, 2017

Order/Opinion
97

9:16-cv-01150

Stipulation and Order for a Final Settlement Agreement

Aug. 28, 2017

Aug. 28, 2017

Order/Opinion
103

9:16-cv-01150

[Untitled]

Nov. 8, 2019

Nov. 8, 2019

Correspondence

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4521717/vw-v-conway/

Last updated Aug. 7, 2022, 3 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Kevin M. Brisson, Eugene Conway, Esteban Gonzalez, Syracuse City School District (Filing fee $400 receipt number 0206-3795452) filed by J. P., C. I., R. C., M. R., V. W., F. K.. (Attachments: # 1 Civil Cover Sheet)(alh, ) (Entered: 09/21/2016)

1 Civil Cover Sheet

View on PACER

Sept. 21, 2016

Sept. 21, 2016

RECAP
2

G.O. 25 FILING ORDER ISSUED: Initial Conference set for 12/1/2016 11:00 AM in Syracuse before Magistrate Judge David E. Peebles. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 11/25/2016. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (alh, ) (Entered: 09/21/2016)

Sept. 21, 2016

Sept. 21, 2016

PACER
3

Summons Issued as to Kevin M. Brisson, Eugene Conway, Esteban Gonzalez, Syracuse City School District. (Attachments: # 1 Brisson, # 2 Gonzalez, # 3 Syracuse City School District)(alh, ) (Entered: 09/21/2016)

Sept. 21, 2016

Sept. 21, 2016

PACER
4

CERTIFICATE OF SERVICE by V. W. re 1 Complaint (Attachments: # 1 Affidavit service on defendants)(Young, Susan) (Entered: 09/23/2016)

1 Affidavit service on defendants

View on RECAP

Sept. 23, 2016

Sept. 23, 2016

RECAP
5

MOTION to Certify Class and Subclass by Plaintiffs. Motion Hearing set for 10/28/2016 10:00 AM in Utica before Judge David N. Hurd Response to Motion due by 10/11/2016 Reply to Response to Motion due by 10/17/2016. filed by R. C., C. I., F. K., J. P., M. R., V. W.. (Attachments: # 1 Memorandum of Law in support of Class Certification, # 2 Declaration of Dr. Louis Kraus in support of Plaintiffs' Mtn for Class Certification, with Exhibits A-G attached, # 3 Declaration of Joshua Cotter, Esq. in support of Pltfs' Motion for class certification, # 4 Exhibit(s) Exs. 1-13 for Cotter Decl., # 5 Exhibit(s) Exs. 14-18 of Cotter Declaration, # 6 Exhibit(s) Exs. 19-28 of Cotter Declaration, # 7 Exhibit(s) Ex. 29 of Cotter Declaration, # 8 Exhibit(s) Exs. 30-37 of Cotter Declaration, # 9 Exhibit(s) Exs. 38-39 of Cotter Declaration, # 10 Declaration of Michelle Shames in support of Pltfs' Mtn for Class Certification, # 11 Declaration of Emily NaPier in support of Pltfs Mtn for Class Certification) (Hirose, Mariko) (Entered: 09/23/2016)

2

View on RECAP

Sept. 23, 2016

Sept. 23, 2016

RECAP
6

CERTIFICATE OF SERVICE by R. C., C. I., F. K., J. P., M. R., V. W. re 5 MOTION to Certify Class and Subclass by Plaintiffs. Certification of Service by Maria Rafael (Hirose, Mariko) (Entered: 09/23/2016)

Sept. 23, 2016

Sept. 23, 2016

PACER
7

NOTICE of Appearance by Kathleen M. Dougherty on behalf of Kevin M. Brisson, Eugene Conway, Esteban Gonzalez (Dougherty, Kathleen) (Entered: 09/28/2016)

Sept. 28, 2016

Sept. 28, 2016

PACER
8

AFFIDAVIT of Service for motion to certify class action, memo of law and exhibits served on Eileen Steinhardt, District Clerk on 9/27/2016, filed by V. W.. (Young, Susan) (Entered: 09/28/2016)

Sept. 28, 2016

Sept. 28, 2016

PACER
9

NOTICE of Appearance by Kate I. Reid on behalf of Syracuse City School District (Reid, Kate) (Entered: 09/29/2016)

Sept. 29, 2016

Sept. 29, 2016

PACER
10

NOTICE of Appearance by Jonathan B. Fellows on behalf of Syracuse City School District (Fellows, Jonathan) (Entered: 09/29/2016)

Sept. 29, 2016

Sept. 29, 2016

PACER
11

Letter Motion from Samuel Young for V. W. requesting Conference with the Court to Discuss Filing Preliminary Injunction Motion submitted to Judge Hurd . (Young, Samuel) (Entered: 09/30/2016)

Sept. 30, 2016

Sept. 30, 2016

PACER
12

NOTICE of Appearance by Mariana L. Kovel on behalf of All Plaintiffs (Kovel, Mariana) (Main Document 12 replaced on 10/11/2016) (alh, ). (Entered: 10/11/2016)

Oct. 11, 2016

Oct. 11, 2016

PACER

CLERK'S CORRECTION OF DOCKET ENTRY re 12 Notice of Appearance: Clerk has replaced the image with the correct notice. (alh, )

Oct. 11, 2016

Oct. 11, 2016

PACER
13

Letter Motion from Kate I. Reid for Syracuse City School District requesting Adjournment of Motion Hearing submitted to Judge Hon. David N. Hurn . (Reid, Kate) (Entered: 10/11/2016)

Oct. 11, 2016

Oct. 11, 2016

RECAP
14

Letter Motion from Kathleen M. Dougherty, Esq. for Kevin M. Brisson, Eugene Conway, Esteban Gonzalez requesting an adjournment of Plaintiff's motion for class certification submitted to Judge Hurd . (Dougherty, Kathleen) (Entered: 10/11/2016)

Oct. 11, 2016

Oct. 11, 2016

PACER
15

TEXT ORDER ON CLASS CERTIFICATION MOTION - TO BE TAKEN ON SUBMIT AS OF November 25, 2016 : Pursuant to the verbal Order of the Hon. David N. Hurd, USDJ: 13 Letter Motion from Kate I. Reid,Esq. for Syracuse City School District requesting an adjournment and 14 Letter Motion from Kathleen M. Dougherty, Esq. for Kevin M. Brisson, Eugene Conway, Esteban Gonzalez requesting an adjournment of Plaintiff's motion for class certification are GRANTED and 5 MOTION to Certify Class and Subclass by Plaintiffs shall now to be taken ON SUBMITTED PAPERS ONLY before Judge David N. Hurd with no appearances by either party required or allowed. Written opinion shall follow. Responses to the motion is due by 12:00pm on November 10, 2016. A reply, if any, to the response to the motion is due by, at 12:00pm on November 17, 2016 and the motion shall be returnable and deemed submitted as of November 25, 2016. So Ordered by Judge David N. Hurd on 10/11/2016. (Entered: 10/11/2016)

Oct. 11, 2016

Oct. 11, 2016

PACER
16

ANSWER to Complaint by Syracuse City School District.(Reid, Kate) (Entered: 10/13/2016)

Oct. 13, 2016

Oct. 13, 2016

RECAP
17

Letter Motion from Kathleen M. Dougherty, Esq. for Kevin M. Brisson, Eugene Conway, Esteban Gonzalez requesting an extension of time to file an answer to Complaint submitted to Judge Peebles . (Dougherty, Kathleen) (Entered: 10/14/2016)

Oct. 14, 2016

Oct. 14, 2016

PACER
18

TEXT ORDER granting 17 Letter Request for an extension of time for defendants Kevin M. Brisson, Eugene Conway, and Esteban Gonzalez to answer plaintiff's complaint on or before 11/10/2016. Authorized by Magistrate Judge David E. Peebles on 10/17/16. (sal) (Entered: 10/17/2016)

Oct. 17, 2016

Oct. 17, 2016

PACER
19

Letter Motion from Desgranges for R. C., C. I., F. K., J. P., M. R., V. W. requesting Conference with the Court to Discuss an Expedited Discovery Schedule for Plaintiffs' Preliminary Injunction Motion submitted to Judge Peebles . (Attachments: # 1 Exhibit(s) Ex. A., list of requested discovery)(Desgranges, Philip) (Entered: 10/24/2016)

Oct. 24, 2016

Oct. 24, 2016

PACER
20

RESPONSE in Opposition re 19 Letter Motion from Desgranges for R. C., C. I., F. K., J. P., M. R., V. W. requesting Conference with the Court to Discuss an Expedited Discovery Schedule for Plaintiffs' Preliminary Injunction Motion submitted to Judge Peebles filed by Kevin M. Brisson, Eugene Conway, Esteban Gonzalez. (Attachments: # 1 Errata A)(Dougherty, Kathleen) (Entered: 10/25/2016)

Oct. 25, 2016

Oct. 25, 2016

PACER
21

TEXT ORDER granting 19 Letter Request for a Telephone Conference, which is set for 10/28/2016 at 3:30 PM before Magistrate Judge David E. Peebles. Plaintiffs' counsel is directed to initiate the call to Chambers, which can be reached at (315) 234-8620 or provide the court and all counsel with a call-in number and passcode for this conference call. Authorized by Magistrate Judge David E. Peebles on 10/25/16. (sal ) (Entered: 10/25/2016)

Oct. 25, 2016

Oct. 25, 2016

PACER
22

NOTICE of Appearance by Aadhithi Padmanabhan on behalf of All Plaintiffs (Padmanabhan, Aadhithi) (Entered: 10/25/2016)

Oct. 25, 2016

Oct. 25, 2016

PACER
23

Letter Motion from Desgranges for R. C., C. I., F. K., J. P., M. R., V. W. requesting that the Court cancel this afternoon's conference submitted to Judge Peebles . (Attachments: # 1 Exhibit(s) Ex. A, discovery the Sheriff's Office has agreed to provide plaintiffs, # 2 Exhibit(s) Ex. B, discovery the SCSD has agreed to provide plaintiffs)(Desgranges, Philip) (Entered: 10/28/2016)

Oct. 28, 2016

Oct. 28, 2016

PACER
24

TEXT ORDER granting 23 Letter Request. Since the parties have resolved their discovery dispute, the telephone conference set for today, 10/28/2016, at 3:30 PM is cancelled. Authorized by Magistrate Judge David E. Peebles on 10/28/16. (sal ) (Entered: 10/28/2016)

Oct. 28, 2016

Oct. 28, 2016

PACER
25

MOTION for Limited Admission Pro Hac Vice of Aimee Krause Stewart Filing fee $100, receipt number 0206-3839086. filed by R. C., C. I., F. K., J. P., M. R., V. W.. (Attachments: # 1 Exhibit(s) Petition for Admission, # 2 Exhibit(s) Certificate of Good Standing, # 3 Affidavit Affidavit of Philip Desgranges, # 4 Exhibit(s) Oath on Admission, # 5 Exhibit(s) E-Filing Registration, # 6 Proposed Order/Judgment Proposed Order) Motions referred to David E. Peebles. (Desgranges, Philip) (Entered: 11/02/2016)

Nov. 2, 2016

Nov. 2, 2016

PACER
26

TEXT ORDER granting 25 Motion for Limited Admission Pro Hac Vice of Aimee Krause Stewart, Esq. for plaintiffs R. C., C. I., F. K., J. P., M. R., V. W.. Authorized by Magistrate Judge David E. Peebles on 11/4/2016. (sal ) (Entered: 11/04/2016)

Nov. 4, 2016

Nov. 4, 2016

PACER
27

NOTICE of Appearance by Aimee Krause Stewart on behalf of All Plaintiffs (Stewart, Aimee) (Entered: 11/07/2016)

Nov. 7, 2016

Nov. 7, 2016

PACER
28

MOTION for Summary Judgment of Defendant Syracuse City School District Motion Hearing set for 12/23/2016 10:00 AM in Utica before Judge David N. Hurd Response to Motion due by 12/6/2016 Reply to Response to Motion due by 12/12/2016. filed by Syracuse City School District. (Attachments: # 1 Statement of Material Facts, # 2 Declaration, # 3 Declaration, # 4 Exhibit(s) Exhibit 1 to Declaration of John A. Dittmann, Jr., # 5 Declaration) (Reid, Kate) (Entered: 11/10/2016)

Nov. 10, 2016

Nov. 10, 2016

PACER
29

ANSWER to 1 Complaint by Kevin M. Brisson, Eugene Conway, Esteban Gonzalez.(Dougherty, Kathleen) (Entered: 11/10/2016)

Nov. 10, 2016

Nov. 10, 2016

RECAP
30

MEMORANDUM OF LAW re 28 Motion for Summary Judgment, 5 Motion to Certify Class,,,, filed by Syracuse City School District. (Reid, Kate) (Entered: 11/10/2016)

Nov. 10, 2016

Nov. 10, 2016

RECAP
31

CERTIFICATE OF SERVICE by Syracuse City School District re 28 MOTION for Summary Judgment of Defendant Syracuse City School District, 30 Memorandum of Law (Reid, Kate) (Entered: 11/10/2016)

Nov. 10, 2016

Nov. 10, 2016

PACER
32

CERTIFICATE OF SERVICE by Kevin M. Brisson, Eugene Conway, Esteban Gonzalez re 29 Answer to Complaint (Dougherty, Kathleen) (Entered: 11/10/2016)

Nov. 10, 2016

Nov. 10, 2016

PACER
33

TEXT ORDER : Due to the pending motions to 5 certify class and for 28 summary judgment, the in person Initial Conference set for 12/1/2016 at 11:00 AM in Syracuse is adjourned without date. The deadline for exchanging mandatory disclosures and filing a Civil Case Management Plan is stayed at this time. Authorized by Magistrate Judge David E. Peebles on 11/15/2016. (sal) (Entered: 11/15/2016)

Nov. 15, 2016

Nov. 15, 2016

PACER
34

Letter Motion from Desgranges for R. C., C. I., F. K., J. P., M. R., V. W. requesting Conference with the Court to Seek Relief for the Sheriff's Office Defendants' Failure to Produce All Expedited Discovery submitted to Judge Peebles . (Attachments: # 1 Exhibit(s) Ex. A, 10-24-16 Letter to Magistrate Judge Peebles, # 2 Exhibit(s) Ex. B, 10-28-16 Letter to Magistrate Judge Peebles, # 3 Exhibit(s) Ex. C, Outstanding Expedited Discovery List)(Desgranges, Philip) (Entered: 11/15/2016)

Nov. 15, 2016

Nov. 15, 2016

PACER
35

TEXT ORDER granting 34 Letter Request. A Telephone Conference is set for 11/18/2016 at 3:30 PM before Magistrate Judge David E. Peebles. Plaintiffs' counsel is directed to initiate the call to Chambers, which can be reached at (315) 234-8620 or provide the court and all counsel with a call-in number and passcode. Authorized by Magistrate Judge David E. Peebles on 11/16/2016. (sal) (Entered: 11/16/2016)

Nov. 16, 2016

Nov. 16, 2016

PACER
36

RESPONSE to Motion re 34 Letter Motion from Desgranges for R. C., C. I., F. K., J. P., M. R., V. W. requesting Conference with the Court to Seek Relief for the Sheriff's Office Defendants' Failure to Produce All Expedited Discovery submitted to Judge Peeb filed by Kevin M. Brisson, Eugene Conway, Esteban Gonzalez. (Dougherty, Kathleen) (Entered: 11/16/2016)

Nov. 16, 2016

Nov. 16, 2016

PACER
37

REPLY to Response to Motion re 5 MOTION to Certify Class and Subclass by Plaintiffs. Request for permission to file Reply filed by R. C., C. I., F. K., J. P., M. R., V. W.. (Kovel, Mariana) (Entered: 11/17/2016)

Nov. 17, 2016

Nov. 17, 2016

PACER

TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Telephone Conference held on 11/18/2016. After discussing with counsel the issues raised in plaintiffs' 34 letter motion and defendants' 36 response, counsel for the County defendants will provide discovery documents to the plaintiffs, at the latest, by November 30th. Plaintiffs anticipate filing a motion for a preliminary injunction within the next couple of weeks once they receive all of the discovery documents. Magistrate Judge Peebles directs the parties to confer and hold a Rule 26(f) meeting within twenty-one days of today's date. The County defendants intend to file a motion for summary judgment. APP: Phillip Desgranges, Esq., Samuel Young, Esq., Susan Young, Esq., Kathleen Dougherty, Esq., and Jonathan Fellows, Esq.. (sal )

Nov. 18, 2016

Nov. 18, 2016

PACER
38

TEXT ORDER : The parties are directed to confer and hold a Rule 26(f) meeting within twenty-one days of today's date. Once accomplished, a discovery plan must be filed with the court. Authorized by Magistrate Judge David E. Peebles on 11/18/2016. (sal) (Entered: 11/21/2016)

Nov. 18, 2016

Nov. 18, 2016

PACER
39

Letter Motion from Plaintiffs' counsel for V. W. requesting extension to file response to motion for summary judgment submitted to Judge Hurd . (Young, Susan) (Entered: 12/05/2016)

Dec. 5, 2016

Dec. 5, 2016

PACER
40

TEXT ORDER granting 39 Letter Motion from Plaintiffs' counsel for V. W. requesting extension to file response to 28 MOTION for Summary Judgment of Defendant Syracuse City School District. Plaintiffs' Response to Motion due by 12/13/2016 and Defendants' Reply to Response to Motion due by 12/19/2016. So Ordered by Judge David N. Hurd on 12/6/2016. (ptm) (Entered: 12/06/2016)

Dec. 6, 2016

Dec. 6, 2016

PACER
41

Letter Motion from Desgranges for R. C., C. I., F. K., J. P., M. R., V. W. requesting Page Enlargement for Plaintiffs' Memorandum of Law in Support of Plaintiffs' Motion for Preliminary Injunction submitted to Judge Hurd . (Desgranges, Philip) (Entered: 12/13/2016)

Dec. 13, 2016

Dec. 13, 2016

PACER
42

RESPONSE to Motion re 28 MOTION for Summary Judgment of Defendant Syracuse City School District filed by R. C., C. I., F. K., J. P., M. R., V. W.. (Attachments: # 1 Declaration of Plaintiffs' Counsel Joshua Cotter Pursuant to Fed. R. Civ. Proc. 56(d), # 2 Declaration of Plaintiffs' Counsel Susan Young in Opposition to Summary Judgment, # 3 Exhibit(s) Exs. 1-6 of Young Decl., # 4 Exhibit(s) Exs. 7-8 of Young Decl., # 5 Exhibit(s) Exs. 9-10 of Young Decl., # 6 Declaration of Dr. Louis Kraus in Opposition to Summary Judgment, # 7 Declaration of Michlle Shames in Opposition to Summary Judgment, # 8 Statement of Material Facts)(Cotter, Joshua) (Entered: 12/13/2016)

1 Declaration of Plaintiffs' Counsel Joshua Cotter Pursuant to Fed. R. Civ. P

View on PACER

2 Declaration of Plaintiffs' Counsel Susan Young in Opposition to Summary Jud

View on PACER

3 Exhibit(s) Exs. 1-6 of Young Decl.

View on PACER

4 Exhibit(s) Exs. 7-8 of Young Decl.

View on PACER

5 Exhibit(s) Exs. 9-10 of Young Decl.

View on PACER

6 Declaration of Dr. Louis Kraus in Opposition to Summary Judgment

View on PACER

7 Declaration of Michlle Shames in Opposition to Summary Judgment

View on PACER

8 Statement of Material Facts

View on PACER

Dec. 13, 2016

Dec. 13, 2016

RECAP
43

CERTIFICATE OF SERVICE by R. C., C. I., F. K., J. P., M. R. re 42 Response to Motion,, (Cotter, Joshua) (Entered: 12/13/2016)

Dec. 13, 2016

Dec. 13, 2016

PACER
44

TEXT ORDER: Denying 41 Letter Motion from Desgranges for R. C., C. I., F. K., J. P., M. R., V. W. requesting Page Enlargement for Plaintiffs' Memorandum of Law in Support of Plaintiffs' Motion for Preliminary Injunction. Signed by Judge David N. Hurd on 12/16/2016. (ptm) (Entered: 12/16/2016)

Dec. 16, 2016

Dec. 16, 2016

PACER
45

RESPONSE in Support re 28 MOTION for Summary Judgment of Defendant Syracuse City School District filed by Syracuse City School District. (Attachments: # 1 DECLARATION OF KATE I. REID IN SUPPORT OF SYRACUSE CITY SCHOOL DISTRICT'S MOTION FOR SUMMARY JUDGMENT)(Reid, Kate) (Entered: 12/19/2016)

1 DECLARATION OF KATE I. REID IN SUPPORT OF SYRACUSE CITY SCHOOL DISTRICT'S

View on PACER

Dec. 19, 2016

Dec. 19, 2016

RECAP

TEXT NOTICE ON MOTION TAKEN ON SUBMIT : Pursuant to the verbal Order of the Hon. David N. Hurd, USDJ: Re: 28 MOTION for Summary Judgment of Defendant Syracuse City School District. All necessary papers having been received by the Court this motion, returnable on December 23, 2016, is hereby taken ON SUBMITTED PAPERS ONLY, With no appearances by either party required or allowed. Written opinion to follow. (ptm)

Dec. 20, 2016

Dec. 20, 2016

PACER
46

MOTION for Preliminary Injunction Motion Hearing set for 1/27/2017 10:00 AM in Utica before Judge David N. Hurd Response to Motion due by 1/10/2017 Reply to Response to Motion due by 1/17/2017. filed by R. C., C. I., F. K., J. P., M. R., V. W.. (Attachments: # 1 Declaration of Attorney Philip Desgranges in Support of Plaintiffs' Motion for Preliminary Injunction, # 2 Exhibit(s) A-G for Desgranges Declaration, # 3 Exhibit(s) H for Desgranges Declaration (Part 1 of 2), # 4 Exhibit(s) H for Desgranges Declaration (Part 2 of 2), # 5 Exhibit(s) I for Desgranges Declaration, # 6 Exhibit(s) J-N for Desgranges Declaration, # 7 Exhibit(s) O-S for Desgranges Declaration, # 8 Exhibit(s) T-Z for Desgranges Declaration, # 9 Exhibit(s) AA-AG for Desgranges Declaration, # 10 Exhibit(s) AH for Desgranges Declaration, # 11 Exhibit(s) AI-AO for Desgranges Declaration, # 12 Exhibit(s) AP-AX for Desgranges Declaration, # 13 Declaration (Supplemental) of Expert Dr. Louis Kraus in Support of Plaintiffs' Motion for Preliminary Injunction, # 14 Exhibit(s) 1-3 for Kraus Suppl. Declaration, # 15 Exhibit(s) 4 for Kraus Suppl. Declaration, # 16 Exhibit(s) 5 for Kraus Suppl. Declaration, # 17 Declaration of Expert Dr. Barry Krisberg in Support of Plaintiffs' Motion for Preliminary Injunction, # 18 Exhibit(s) A-F for Krisberg Declaration, # 19 Exhibit(s) G for Krisberg Declaration, # 20 Exhibit(s) H for Krisberg Declaration, # 21 Exhibit(s) I for Krisberg Declaration, # 22 Exhibit(s) J for Krisberg Declaration, # 23 Declaration of Expert Warden Leander Parker in Support of Plaintiffs' Motion for Preliminary Injunction, # 24 Exhibit(s) A-B for Parker Declaration, # 25 Declaration of Michelle Shames in Support of Plaintiffs' Motion for Preliminary Injunction, # 26 Exhibit(s) A for Shames Declaration, # 27 Exhibit(s) B-D for Shames Declaration, # 28 Declaration of Emily NaPier in Support of Plaintiffs' Motion for Preliminary Injunction, # 29 Exhibit(s) A-E for NaPier Declaration, # 30 Exhibit(s) F-J for NaPier Declaration, # 31 Declaration of Maria Rafael in Support of Plaintiffs' Motion for Preliminary Injunction, # 32 Exhibit(s) A for Rafael Declaration, # 33 Memorandum of Law in Support of Plaintiffs' Motion for Preliminary Injunction) (Desgranges, Philip) (Entered: 12/22/2016)

13

View on RECAP

17

View on RECAP

18

View on RECAP

23

View on RECAP

24

View on RECAP

Dec. 21, 2016

Dec. 21, 2016

PACER
47

CERTIFICATE OF SERVICE by R. C., C. I., F. K., J. P., M. R., V. W. re 46 MOTION for Preliminary Injunction (Desgranges, Philip) (Entered: 12/22/2016)

Dec. 22, 2016

Dec. 22, 2016

PACER
48

TEXT ORDER : Pursuant to the Text Order entered on 11/18/2016, the parties were directed to confer and hold a Rule 26(f) meeting within twenty-on days of the date of that order. Once this was accomplished, a discovery plan was to be filed with the court. Since the document has not yet been filed with the court, the parties are directed to file a joint discovery plan in this action on or before 1/6/2017. Authorized by Magistrate Judge David E. Peebles on 12/22/2016. (sal ) (Entered: 12/22/2016)

Dec. 22, 2016

Dec. 22, 2016

PACER
49

Letter Motion from Kathleen M. Dougherty, Esq. for Kevin M. Brisson, Eugene Conway, Esteban Gonzalez requesting an extension to respond to Motion under Ct. Doc. 46 submitted to Judge Hurd . (Dougherty, Kathleen) (Entered: 12/30/2016)

Dec. 30, 2016

Dec. 30, 2016

PACER
50

NOTICE of Appearance by Carol L. Rhinehart on behalf of Kevin M. Brisson, Eugene Conway, Esteban Gonzalez (Attachments: # 1 Certificate of Service)(Rhinehart, Carol) (Entered: 01/03/2017)

Jan. 3, 2017

Jan. 3, 2017

PACER
51

NOTICE by UNITED STATES OF AMERICA re 46 MOTION for Preliminary Injunction Statement of Interest of United States of America (Hoggan, John) (Entered: 01/03/2017)

Jan. 3, 2017

Jan. 3, 2017

RECAP
52

Letter Motion from Desgranges for R. C., C. I., F. K., J. P., M. R., V. W. requesting Responding to the Sheriff's Office defendants' request for an extension to respond to plaintiffs' motion for preliminary injunction submitted to Judge Hurd . (Desgranges, Philip) (Entered: 01/05/2017)

Jan. 5, 2017

Jan. 5, 2017

PACER
53

CIVIL CASE MANAGEMENT PLAN by R. C., C. I., F. K., J. P., M. R., V. W.. (Desgranges, Philip) (Entered: 01/06/2017)

Jan. 6, 2017

Jan. 6, 2017

PACER
54

UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of jury trial: 7 days. Preferred Trial Location: Syracuse. Mandatory disclosures must be exchanged by 1/13/2017. Joinder of Parties due by 10/2/2017. Amended Pleadings due by 10/2/2017. Completion of all Fact Discovery is due by 11/1/2017. Initial expert reports are to be served by 11/9/2017. Responsive expert reports are due to be served by 12/22/2017. Rebuttal expert reports are due to be served by 1/8/2018. Completion of all discovery, including expert depositions, is due by 2/7/2018. Dispositive Motions must be filed by 2/21/2018. When no dispositive motion is filed, the motion filing deadline becomes the trial ready date. The court will issue a notice scheduling a Final Pretrial Conference and Trial Date before U.S. District Judge David N. Hurd at a later time. This action is exempt from the court's Mandatory Mediation Program, however, the issue of settlement will be revisited and discussed further with counsel at a later time. *NOTE: PLEASE THE ATTACHED ADDENDUM FOR PROVISIONS OF THE UPSO AND REQUESTS FOR EXTENSIONS OF TIME* Signed by Magistrate Judge David E. Peebles on 1/9/2017. (Attachments: # 1 Addendum to UPSO)(sal ) (Entered: 01/09/2017)

Jan. 9, 2017

Jan. 9, 2017

PACER
55

MEMORANDUM OF LAW re 46 Motion for Preliminary Injunction,,,,,,,,, Memorandum in Opposition to Motion for a Preliminary Injunction filed by Syracuse City School District. (Attachments: # 1 Declaration)(Fellows, Jonathan) (Entered: 01/10/2017)

Jan. 10, 2017

Jan. 10, 2017

PACER
56

CERTIFICATE OF SERVICE by Syracuse City School District re 46 MOTION for Preliminary Injunction, 55 Memorandum of Law (Fellows, Jonathan) (Entered: 01/10/2017)

Jan. 10, 2017

Jan. 10, 2017

PACER
57

TEXT ORDER GRANTING ADJOURNMENT OF MOTIONS: Granting in part 52 Letter Motion from Philip Desgranges, Esq. from plaintiffs regarding extension of time to respond to plaintiffs' motion for preliminary injunction. Pursuant to the verbal Order of the Hon. David N. Hurd, 46 MOTION for Preliminary Injunction, is adjourned and the motion response and reply dates are reset as follows; Defendants' Response to the Motion is now due by 12:00pm on January 20, 2017 and Plaintiffs' Reply to the Response to the Motion, if any, is now due by 12:00pm on January 30, 2017. Oral argument as to all motions that have been filed in this matter : 5 MOTION to Certify Class and Subclass by Plaintiffs., 28 MOTION for Summary Judgment of Defendant Syracuse City School District, and 46 MOTION for Preliminary Injunction shall be heard and are NOW set for Friday, February 10, 2017 at 10:00AM in USDC / Utica, NY. Appearances required in Court in Utica. Please adjust your calendars accordingly. So Ordered by Judge David N. Hurd on 1/11/2017. (ptm) (Entered: 01/11/2017)

Jan. 11, 2017

Jan. 11, 2017

PACER
58

Letter Motion from Desgranges for R. C., C. I., F. K., J. P., M. R., V. W. requesting that the Court Enter the Attached Protective Order submitted to Judge Peebles . (Attachments: # 1 Proposed Order/Judgment Proposed Protective Order)(Desgranges, Philip) (Entered: 01/18/2017)

Jan. 18, 2017

Jan. 18, 2017

PACER
59

PROTECTIVE ORDER regarding materials containing confidential information. Signed by Magistrate Judge David E. Peebles on 1/19/2017. (sal ) (Entered: 01/19/2017)

Jan. 19, 2017

Jan. 19, 2017

PACER

TEXT NOTICE: Pursuant to the verbal Order of the Hon. David N. Hurd, USDJ response and reply papers Re: 46 MOTION for Preliminary Injunction shall be filed no later than 5:00pm on January 20, 2017 and January 30, 2017 respectively. (ptm)

Jan. 20, 2017

Jan. 20, 2017

PACER
60

AFFIDAVIT in Opposition re 46 MOTION for Preliminary Injunction filed by Kevin M. Brisson, Eugene Conway, Esteban Gonzalez. (Attachments: # 1 Exhibit(s))(Rhinehart, Carol) (Entered: 01/20/2017)

Jan. 20, 2017

Jan. 20, 2017

PACER
61

Medical Records filed by Kevin M. Brisson, Eugene Conway, Esteban Gonzalez. (Attachments: # 1 Exhibit(s) B, # 2 Exhibit(s) C, # 3 Exhibit(s) D, # 4 Exhibit(s) E, # 5 Exhibit(s) F, # 6 Exhibit(s) G, # 7 Exhibit(s) H, # 8 Exhibit(s) I, # 9 Exhibit(s) J, # 10 Exhibit(s) K, # 11 Exhibit(s) L, # 12 Exhibit(s) M)(Rhinehart, Carol) (Attachment 2 replaced on 1/23/2017) (alh, ). (Attachment 3 replaced on 1/23/2017) (alh, ). (Attachment 8 replaced on 1/23/2017) (alh, ). (Attachment 11 replaced on 1/23/2017) (alh, ). (Entered: 01/20/2017)

Jan. 20, 2017

Jan. 20, 2017

PACER
62

AFFIDAVIT in Opposition re 46 MOTION for Preliminary Injunction filed by Kevin M. Brisson, Eugene Conway, Esteban Gonzalez. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C, # 4 Exhibit(s) D, # 5 Exhibit(s) E, # 6 Exhibit(s) F, # 7 Exhibit(s) G, # 8 Exhibit(s) H, # 9 Exhibit(s) I, # 10 Exhibit(s) J, # 11 Exhibit(s) K, # 12 Exhibit(s) L, # 13 Exhibit(s) M, # 14 Exhibit(s) N, # 15 Exhibit(s) O, # 16 Exhibit(s) P)(Rhinehart, Carol) (Attachment 4 replaced on 1/23/2017) (alh, ). (Attachment 7 replaced on 1/23/2017) (alh, ). (Attachment 8 replaced on 1/23/2017) (alh, ). (Attachment 11 replaced on 1/23/2017) (alh, ). (Attachment 13 replaced on 1/23/2017) (alh, ). (Attachment 15 replaced on 1/23/2017) (alh, ). (Entered: 01/20/2017)

Jan. 20, 2017

Jan. 20, 2017

PACER
63

MEMORANDUM OF LAW re 60 Affidavit in Opposition to Motion, 61 Medical Records filed, 62 Affidavit in Opposition to Motion,, filed by Kevin M. Brisson, Eugene Conway, Esteban Gonzalez. (Attachments: # 1 Certificate of Service)(Rhinehart, Carol) (Entered: 01/20/2017)

Jan. 20, 2017

Jan. 20, 2017

PACER

CLERK'S CORRECTION OF DOCKET ENTRY re 61 Medical Records filed, 62 Affidavit in Opposition to Motion: Clerk has replaced attachments 2, 3, 8, and 11 of Dkt. No. 61 and attachments 4, 7, 8, 11, 13, and 15 of Dkt. No. 62 due to personal identifiers, submissions have been redacted and replaced on the docket. (alh, )

Jan. 23, 2017

Jan. 23, 2017

PACER
64

REPLY to Response to Motion re 46 MOTION for Preliminary Injunction filed by R. C., C. I., F. K., J. P., M. R., V. W.. (Attachments: # 1 Declaration Supplemental Declaration of Maria Rafael ISO Reply, # 2 Declaration Second Supplemental Declaration of Dr. Louis Kraus ISO Reply, # 3 Affirmation Affirmation of Service)(Desgranges, Philip) (Entered: 01/30/2017)

Jan. 30, 2017

Jan. 30, 2017

PACER
65

MOTION for Leave to Appear as Amici Curiae re 46 MOTION for Preliminary Injunction. (Attachments: # 1 Affidavit, # 2 Brief in Support of Preliminary Injunction, # 3 Cover Letter, # 4 Certificate of Service, # 5 Envelope)(alh, ) (Entered: 02/02/2017)

Feb. 2, 2017

Feb. 2, 2017

PACER

TEXT ORDER GRANTING ADJOURNMENT OF MOTIONS - SCHEDULING ORAL ARGUMENT : Pursuant to the verbal Order of the Hon. David N. Hurd the Oral argument as to all motions that have been filed in this matter : 28 MOTION for Summary Judgment of Defendant Syracuse City School District, 5 MOTION to Certify Class and Subclass by Plaintiffs., 46 MOTION for Preliminary Injunction shall be heard in open Court and are NOW set for Wednesday, February 15, 2017 at 2:00PM in USDC / Utica, NY. Appearances required in Court in Utica. Please adjust your calendars accordingly. (ptm)

Feb. 2, 2017

Feb. 2, 2017

PACER

TEXT Minute Entry for proceedings held before Judge David N. Hurd in Utica, NY. Motion Hearing held on 2/15/2017. Judge Hurd reviews pending motions and grants 65 MOTION Leave to Appear as Amici Curiae and accepts and considers 51 NOTICE by UNITED STATES OF AMERICA re 46 MOTION for Preliminary Injunction Statement of Interest of United States of America. The Court further grants 5 MOTION to Certify Class and Subclass by Plaintiffs. filed by F. K., C. I., R. C., M. R., J. P., V. W., on the papers submitted, hears argument as to 28 MOTION for Summary Judgment of Defendant Syracuse City School District filed by Syracuse City School District and 65 MOTION Leave to Appear as Amici Curiae re 46 MOTION for Preliminary Injunction, 46 MOTION for Preliminary Injunction filed by F. K., C. I., R. C., M. R., J. P., V. W. and RESERVES DECISION with written opinion to follow. Phillip L. Desgranges, Esq., Susan M. Young, Esq., Mariko Hirose, Esq. and Mariana L. Kovel, Esq. for plaintiffs R. C., C. I., F. K., J. P., M. R., V. W; Carol L. Rhinehart, Esq., for defendants Kevin M. Brisson, Eugene Conway, Esteban Gonzalez ; Jonathan B. Fellows, Esq. for defendant Syracuse City School District. (Court Reporter Nancy Freddoso) (2:00pm - 3:15pm) (ptm)

Feb. 15, 2017

Feb. 15, 2017

PACER
66

Letter Motion from Kate I. Reid for Syracuse City School District requesting Withdraw from Representation submitted to Judge David N. Hurd . (Reid, Kate) (Entered: 02/16/2017)

Feb. 16, 2017

Feb. 16, 2017

PACER
67

TEXT ORDER granting 66 Letter Request from Kate I. Reid for Syracuse City School District requesting to Withdraw from Representation. Authorized by Magistrate Judge David E. Peebles on 2/17/2017. (sal ) (Entered: 02/17/2017)

Feb. 17, 2017

Feb. 17, 2017

PACER
68

MEMORANDUM-DECISION AND ORDER: ORDERED that 1. Plaintiffs' motion for class certification is GRANTED (Dkt. No. 5 ); 2. Defendant Syracuse City School District's motion for summary judgment is DENIED (Dkt. No. 28 ; 3. Plaintiffs' motion for a preliminary injunction is GRANTED (Dkt. No. 46 ; 4. The Onondaga County defendants, their agents, servants, employees, and officers, and all other persons in active concert or participation with them and who receive actual notice of this preliminary injunction, by personal service or otherwise, are hereby IMMEDIATELY ENJOINED AND RESTRAINED, pending the final determination of this action, from imposing 23-hour disciplinary isolation on juveniles at the Justice Center; 5. The Onondaga County defendants and the School District shall IMMEDIATELY afford all eligible juveniles the educational instruction to which they are entitled under NewYork State's laws and regulations; 6. The Onondaga County defendants and the School District shall IMMEDIATELY afford all juveniles with qualifying disabilities under the IDEA with the special education services and other procedural protections to which they are entitled; and 7. Discipline imposed on juveniles by the Onondaga County defendants must include meaningful social interaction with others, including other juveniles, and no discipline may be imposed that directly harms a juvenile's psychological condition. Signed by Judge David N. Hurd on 2/22/17. (alh, ) (Entered: 02/22/2017)

Feb. 22, 2017

Feb. 22, 2017

RECAP

Set Hearings: A Status Telephone Conference is set for 6/2/2017 at 3:00 PM before Magistrate Judge David E. Peebles. Plaintiffs' counsel is directed to initiate the call to Chambers, which can be reached at (315) 234-8620. (sal)

March 1, 2017

March 1, 2017

PACER
69

Letter Motion from Desgranges for R. C., C. I., F. K., J. P., M. R., V. W. requesting a conference with the Court to discuss defendants' violations of the Court's order submitted to Judge Hurd . (Attachments: # 1 Exhibit(s) Ex. A, 3-13-2017 Letter from Desgranges to Counsel for Defendants, # 2 Exhibit(s) Ex. B, 3-20-2017 Letter from Rhinehart to Desgranges, # 3 Exhibit(s) Ex. C, 3-21-2017 Email from Fellows to Desgranges)(Desgranges, Philip) (Entered: 03/28/2017)

March 28, 2017

March 28, 2017

PACER
70

TEXT ORDER GRANTING AN IN PERSON STATUS CONFERENCE: Pursuant to the verbal Order of the Hon. David N. Hurd, USDJ and GRANTING 69 Letter Motion from Philip L. Desgranges, Esq. requesting a conference with the Court, an IN PERSON STATUS CONFERENCE is now set for FRIDAY, March 31, 2017 AT 11:00AM in USDC / Utica, NY. Appearances by all counsel are required in Utica, NY. Please adjust your calendars accordingly. (Entered: 03/28/2017)

March 28, 2017

March 28, 2017

PACER
71

Letter Motion from Mariko Hirose for R. C., C. I., F. K., J. P., M. R., V. W. requesting an expedited trial schedule submitted to Judge Hurd . (Hirose, Mariko) (Entered: 03/30/2017)

March 30, 2017

March 30, 2017

PACER
72

Letter Motion from Jonathan B. Fellows for Syracuse City School District submitted to Judge David N. Hurd . (Attachments: # 1 Ex A - 3.29.17 Corr. to C. Rhinehart)(Fellows, Jonathan) (Entered: 03/30/2017)

March 30, 2017

March 30, 2017

PACER

TEXT Minute Entry for proceedings held before Judge David N. Hurd: IN PERSON STATUS CONFERENCE held on 3/31/2017. Judge Hurd reviews 69 Letter Motion from Philip L. Desgranges, Esq. requesting a conference with the Court and ongoing concerns regarding this Court's 68 MEMORANDUM-DECISION AND ORDER. Judge Hurd further directs parties to review and discuss possible resolution and stipulation on ongoing issues and report to the Court in writing no later than Monday, April 3, 2017 at 12:00pm. Appearances: Joshua T. Cotter, Esq., Mariko Hirose, Esq. Phillip L. Desgranges, Esq., Samuel C. Young, Esq., for plaintiffs R. C., C. I., F. K., J. P., M. R., V. W.; Carol L. Rhinehart, Esq., for defendants Kevin M. Brisson, Eugene Conway, Esteban Gonzalez; Brendan M. Sheehan, Esq. for defendant Syracuse City School District.(ptm) (11:00am - 12:00pm)

March 31, 2017

March 31, 2017

PACER
73

Letter Motion from Desgranges for R. C., C. I., F. K., J. P., M. R., V. W. requesting an Extension to File a Stipulation for the Court's Approval submitted to Judge Hurd . (Desgranges, Philip) (Entered: 04/03/2017)

April 3, 2017

April 3, 2017

PACER
74

TEXT ORDER; Granting 73 Letter Motion from Philip L. Desgranges, Esq. for plaintiffs requesting an extension of time to file a Stipulation for the Court's Approval. Pursuant to the verbal Order of the Hon. David N. Hurd, USDJ, the parties shall file a stipulation and proposed order no later than FRIDAY, APRIL 7, 2017 AT 12:00PM which shall include a definitive statement as to the further progress of this matter. THIS IS A FINAL EXTENSION OF TIME TO REPLY TO THE COURT'S REQUEST FOR STATUS REGARDING COMPLIANCE THIS COURT'S FEBRUARY 22, 2017 2017 68 MEMORANDUM-DECISION AND ORDER. NO FURTHER REQUESTS FOR EXTENSIONS OF TIME WILL BE ENTERTAINED OR GRANTED. (Status Report due by 12:00PM ON 4/7/2017) So Ordered by Judge David N. Hurd on 4/3/2017. (ptm, ) (Entered: 04/03/2017)

April 3, 2017

April 3, 2017

PACER
75

Letter Motion from Desgranges for R. C., C. I., F. K., J. P., M. R., V. W. requesting Requesting a Brief Extension submitted to Judge Hurd . (Desgranges, Philip) (Entered: 04/07/2017)

April 7, 2017

April 7, 2017

PACER
76

Letter Motion from Desgranges for R. C., C. I., F. K., J. P., M. R., V. W. requesting that the Court approve the attached interim settlement agreement submitted to Judge Hurd . (Attachments: # 1 Exhibit(s) Stipulation and Order for an Interim Settlement Agreement)(Desgranges, Philip) (Entered: 04/07/2017)

April 7, 2017

April 7, 2017

PACER
77

TEXT ORDER: Pursuant to the verbal Order of the Hon. David N. Hurd on pending letter motions; finding as moot 71 Letter Request, 72 Letter Request, and 75 Letter Request, and granting 76 Letter Motion from Philip Desgranges, Esq. for R. C., C. I., F. K., J. P., M. R., V. W. requesting that the Court approve the attached interim settlement agreement. (ptm, ) (Entered: 04/10/2017)

April 10, 2017

April 10, 2017

PACER
78

STIPULATION AND ORDER FOR AN INTERIM SETTLEMENT AGREEMENT: Signed by Judge David N. Hurd on 4/10/2017. (ptm) (Entered: 04/10/2017)

April 10, 2017

April 10, 2017

PACER
79

STATUS REPORT on when the parties expect to file a final settlement agreement for the Court's approval by R. C., C. I., F. K., J. P., M. R., V. W.. (Desgranges, Philip) (Entered: 05/23/2017)

May 23, 2017

May 23, 2017

PACER
80

ORDER GRANTING EXTENSION OF TIME TO SUBMIT FINAL SETTLEMENT AGREEMENT : re 79 Status Report filed by F. K., C. I., R. C., M. R., J. P., V. W., (Status Report due by 6/8/2017.). Signed by Judge David N. Hurd on 5/24/2017. (ptm) (Entered: 05/24/2017)

May 24, 2017

May 24, 2017

PACER
81

TEXT ORDER : Based upon the ongoing negotiations regarding the settlement agreement in this action, the status telephone conference set for 6/2/2017 at 3:00 PM is adjourned without date. Authorized by Magistrate Judge David E. Peebles on 5/24/2017. (sal) (sal ) (Entered: 05/24/2017)

May 24, 2017

May 24, 2017

PACER
82

Letter Motion from Mariko Hirose for R. C., C. I., F. K., J. P., M. R., V. W. requesting leave to withdraw as counsel submitted to Judge Hurd . (Hirose, Mariko) (Entered: 05/30/2017)

May 30, 2017

May 30, 2017

PACER
83

TEXT ORDER granting 82 Letter Request for Attorney Mariko Hirose to withdraw as counsel for the plaintiffs in this matter. Authorized by Magistrate Judge David E. Peebles on 5/31/2017. (sal ) (Entered: 05/31/2017)

May 31, 2017

May 31, 2017

PACER
84

STATUS REPORT Pursuant to the Court's May 24th Order by R. C., C. I., F. K., J. P., M. R., V. W.. (Desgranges, Philip) (Entered: 06/08/2017)

June 8, 2017

June 8, 2017

PACER
85

ORDER GRANTING EXTENSION OF TIME TO SUBMIT FINAL SETTLEMENT AGREEMENT : re 84 Status Report filed by F. K., C. I., R. C., M. R., J. P., V. W. (Status Report due by 6/16/2017.). Signed by Judge David N. Hurd on 6/9/2017.(ptm) (Entered: 06/09/2017)

June 9, 2017

June 9, 2017

PACER
86

STATUS REPORT Pursuant to the Court's June 9th Order, by R. C., C. I., F. K., J. P., M. R., V. W.. (Kovel, Mariana) (Entered: 06/16/2017)

June 16, 2017

June 16, 2017

PACER
87

STATUS REPORT re. motion to preliminarily approve settlement by R. C., C. I., F. K., J. P., M. R., V. W.. (Kovel, Mariana) (Entered: 06/23/2017)

June 23, 2017

June 23, 2017

PACER
88

Joint MOTION Preliminary Approval of Class Action Settlement, Approval of Notice of Settlement filed by R. C., C. I., F. K., J. P., M. R., V. W.. (Attachments: # 1 Exhibit(s) 1 to Notice of Motion: Signed Stipulation, # 2 Proposed Order/Judgment Preliminarily approving Settlement, # 3 Memorandum of Law of Plaintiffs in support of Joint Motion, # 4 Declaration of Joshua Cotter in support of Joint Motion, # 5 Exhibit(s) A to Cotter Decl., FOIL request to Justice Center, # 6 Exhibit(s) B to Cotter Decl., List of Sheriff's Office Discovery, # 7 Exhibit(s) C to Cotter Decl., List of School District Discovery, # 8 Exhibit(s) D to Cotter Decl., Proposed Class Notice) Motions referred to David E. Peebles. (Desgranges, Philip) (Entered: 06/26/2017)

1 Exhibit(s) 1 to Notice of Motion: Signed Stipulation

View on RECAP

2 Proposed Order/Judgment Preliminarily approving Settlement

View on RECAP

3 Memorandum of Law of Plaintiffs in support of Joint Motion

View on RECAP

4 Declaration of Joshua Cotter in support of Joint Motion

View on RECAP

5 Exhibit(s) A to Cotter Decl., FOIL request to Justice Center

View on RECAP

6 Exhibit(s) B to Cotter Decl., List of Sheriff's Office Discovery

View on RECAP

7 Exhibit(s) C to Cotter Decl., List of School District Discovery

View on RECAP

8 Exhibit(s) D to Cotter Decl., Proposed Class Notice

View on RECAP

June 26, 2017

June 26, 2017

RECAP
89

ORDER: ORDERED that; 1. The proposed settlement agreement is preliminarily approved subject to further consideration at a Settlement Fairness Hearing; 2. The form of the Notice to the Class of the Settlement Agreement (the "Notice") is approved for distribution; 3. The Notice shall be distributed by the Onondaga County defendants on or before Friday, July 7, 2017 as follows: (a) copies shall be posted, and shall remained posted for forty-five days, in English and Spanish in prominent and visible locations accessible to all juvenile inmates on a daily basis, and (b) copies shall be delivered to every juvenile housed in the Justice Center during the forty-five day Notice period; 4. Defendants shall maintain, for a period of forty-five days, at least two copies of the proposed settlement agreement for review by juveniles in any unit where juveniles are housed; 5. The Onondaga County defendants shall file and serve on plaintiffs' counsel a declaration on or before Monday, July 10, 2017, affirming that these Notice requirements have been met; 6. Any class member shall have the right to submit a written objection to the Court in accordance with the Notice's terms; 7. Any such objection must be postmarked on or before Monday, August 21, 2017; 8. Any class member who does not timely make his or her objection in writing must do so in person at the Fairness Hearing; 9. Any class member who fails to object in writing or at the Fairness Hearing shall be deemed to have waived any such opportunity and shall forever be foreclosed from objecting to the proposed settlement agreement; and 10. A Fairness Hearing shall be held on Monday, August 28, 2017, at 11:00 a.m. in Utica, New York, at which time the Court will determine whether the Settlement Agreement should be given final approval as fair, reasonable, and adequate. Signed by Judge David N. Hurd on 6/28/17. (alh, ) (Entered: 06/28/2017)

June 28, 2017

June 28, 2017

RECAP
90

STATUS REPORT Declaration by Kevin M. Brisson, Eugene Conway, Esteban Gonzalez. (Attachments: # 1 Exhibit(s) A, # 2 Certificate of Service)(Rhinehart, Carol) (Attachment 1 replaced on 7/13/2017) (ptm, ). (Entered: 07/10/2017)

July 10, 2017

July 10, 2017

PACER

CLERK'S CORRECTION OF DOCKET ENTRY Per request of counsel corrected exhibit replaced at Attachment 90-1; re 90 Status Report. (ptm)

July 13, 2017

July 13, 2017

PACER

Case Details

State / Territory: New York

Case Type(s):

Juvenile Institution

Special Collection(s):

Post-PLRA enforceable consent decrees

DOJ Civil Rights Division Statements of Interest

Solitary confinement

Post-WalMart decisions on class certification

Key Dates

Filing Date: Sept. 21, 2016

Closing Date: 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Youthful detainees at the Onondaga County, currently or previously held in disciplinary isolation.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Onondaga County (Syracuse City School District, Onondaga), County

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

Indv. w/ Disab. Educ. Act (IDEA), Educ. of All Handcpd. Children Act , 20 U.S.C. § 1400

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process: Substantive Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2017 - 2019

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Monitoring

Reporting

Preliminary relief granted

Issues

General:

Administrative segregation

Confinement/isolation

Disciplinary procedures

Disciplinary segregation

Juveniles

Solitary confinement/Supermax (conditions or process)

Disability:

disability, unspecified

Type of Facility:

Government-run