Case: DePaola v. Virginia Department of Corrections

7:14-cv-00692 | U.S. District Court for the Western District of Virginia

Filed Date: Dec. 19, 2014

Closed Date: 2017

Clearinghouse coding complete

Case Summary

On December 19, 2014, three Virginia prisoners placed in administrative segregation at Red Onion State Prison, filed this pro-se lawsuit in the United States District Court for the Western District of Virginia. The plaintiffs sued the Virginia Department of Corrections (VDOC), various VDOC prison officials, and the External Review Team, Dual Treatment Team, and Unit Management Team of the Virginia Department of Corrections. The plaintiffs sued under 42 U.S.C. § 1983, the Due Process and Equal P…

On December 19, 2014, three Virginia prisoners placed in administrative segregation at Red Onion State Prison, filed this pro-se lawsuit in the United States District Court for the Western District of Virginia. The plaintiffs sued the Virginia Department of Corrections (VDOC), various VDOC prison officials, and the External Review Team, Dual Treatment Team, and Unit Management Team of the Virginia Department of Corrections. The plaintiffs sued under 42 U.S.C. § 1983, the Due Process and Equal Protection Clauses of the Fourteenth Amendment, and the Eighth Amendment. They sought declaratory and injunctive relief, as well as monetary damages.

The plaintiffs claimed that the VDOC Operating Procedure 830.A, a self-described Segregation Reduction Step-Down Program designed to help prisoners progress in stages toward a return to the general prison population, violated plaintiffs’ rights. Specifically, they alleged that they had been assigned to the most restrictive status (“IM”) without adequate due process. Due to their classification, they had also been denied the opportunity to participate in the step down process. They claimed that the IM classified prisoners were treated in a discriminatory manner as compared to other prisoners in administrative segregation, and that these conditions of confinement constituted cruel and unusual punishment. They sought to abolish the procedure, be reassigned to a lower classification, and to be granted monetary damages.

On January 14, 2015, the plaintiffs moved to certify a class and to appoint counsel. On March 6, 2015, District Judge James P. Jones denied both these motions, finding that the circumstances were not “exceptional” so as to justify appointing counsel. Therefore, because the plaintiffs were still bringing the case pro-se, Judge Jones found it inappropriate to grant class certification.

On April 8, 2015, Magistrate Judge Robert S. Ballou severed this action into three separate civil suits, one for each plaintiff; the immediate case is for the named plaintiff’s action. Judge Ballou held that the Prisoner Litigation Reform Act (PLRA) required prisoners to file separate filing fees. The purpose of the act was to force “prisoners to think twice” before filing civil litigation.

The court subsequently filed the original complaint under separate dockets for the two other plaintiffs. Both cases were referred to Magistrate Judge Ballou. He dismissed one case (Velazquez v. Virginia Department of Corrections, 7:15-cv-00157-JPJ-RSB) on September 27, 2016. The plaintiff in the other case (Rivera v. Virginia Department of Corrections, 7:15-cv-00235-JPJ-RSB) moved to voluntarily withdraw his action on May 28, 2015.

On May 18, 2016, the plaintiff filed an amended complaint. In it, he alleged that OP 830.A discriminated against IM inmates, who suffered a much more restrictive environment than inmates in other forms of administrative segregation; that IM status permanently prevented an inmate from working his way out of segregated confinement; that officials arbitrarily assigned him to IM status without allowing him to be present or offer argument, contradictory testimony, witnesses, or evidence; that review between the various privilege level status steps was not meaningful; that spiteful officers could falsely report poor behavior or fail to accurately record participation in programming, thus preventing progress to the next step; and that officers routinely approved their own recommendations during the step-down program reviews, in violation of VDOC policy. The plaintiff also complained that OP 830.A affected inmates’ opportunities for parole and earning good conduct time.

On July 28, 2016 the defendants filed a motion for summary judgement. On September 28, 2016, Judge Jones granted the defendants’ motion. He held that the plaintiff had failed to show that his conditions of confinement were atypical or significantly harsh as compared to conditions expected within a prison environment. Nor, according to Judge Jones, had the plaintiff shown that the procedure violated his due process rights. Moreover, Judge Jones rejected the plaintiff’s equal protection claim because he held that the plaintiff was not similarly situated to the other prisoners in less restrictive confinement. Judge Jones dismissed all claims against the Virginia Department of Corrections as legally frivolous, pursuant to 28 U.S.C. § 1915A(b)(1). He held that neither the Commonwealth of Virginia nor any governmental entity acting as an arm of the state, such as the VDOC, was a “person” subject to suit under § 1983. 2016 WL 5415903.

On October 6, 2016, the plaintiff appealed the district court’s September 28th ruling to the Court of Appeals for the Fourth Circuit. On March 30, 2017, the Circuit Court assigned counsel for the plaintiff. On October 26, 2017, oral arguments were held before Judges Paul V. Niemeyer, Robert B. King, and Henry F. Floyd. On November 22, 2017, the Circuit Court panel, in an unpublished per curiam opinion, affirmed the judgment on the reasoning of the district court. The case is now closed.

Summary Authors

Victoria Harp (11/8/2017)

Lisa Limb (3/25/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5255009/parties/depaola-v-virginia-department-of-corrections/


Judge(s)

Floyd, Henry Franklin (South Carolina)

Jones, James Parker (Virginia)

King, Robert Bruce (South Carolina)

Niemeyer, Paul Victor (Maryland)

Attorneys(s) for Plaintiff

Black, Andrew L. (District of Columbia)

Collet, Alexaida (District of Columbia)

Collins, Alexis L. (District of Columbia)

Hyman, Maxwell J. (District of Columbia)

Levin, Daniel (District of Columbia)

Winer, Luca (District of Columbia)

Judge(s)

Floyd, Henry Franklin (South Carolina)

Jones, James Parker (Virginia)

King, Robert Bruce (South Carolina)

Niemeyer, Paul Victor (Maryland)

Attorneys(s) for Plaintiff

Black, Andrew L. (District of Columbia)

Collet, Alexaida (District of Columbia)

Collins, Alexis L. (District of Columbia)

Hyman, Maxwell J. (District of Columbia)

Levin, Daniel (District of Columbia)

Winer, Luca (District of Columbia)

Attorneys(s) for Defendant

Cox, Trevor Stephen (Virginia)

McGuire, Matthew R. (Virginia)

Parsons, John Michael (Virginia)

Vorhis, Richard Carson (Virginia)

Other Attorney(s)

Charles, Nicholas A. (South Carolina)

Coleman, Miles E. (South Carolina)

Hurst, Phillip L. (District of Columbia)

Moore, Gypsy M. (District of Columbia)

Slater, Matthew D. (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

Dec. 20, 2017 Docket
1

Complaint

Dec. 19, 2014 Complaint
54

Amended Complaint

May 28, 2016 Complaint
77

Judgment

Sept. 27, 2016 Order/Opinion
76

Opinion and Order

Sept. 27, 2016 Order/Opinion
27

Opening Brief for Plaintiff-Appellant

U. S. Court of Appeals for the Fourth Circuit

June 23, 2017 Pleading / Motion / Brief
26

Full Electronic Appendix: On Appeal From the United States District Court for the Western District of Virginia

U. S. Court of Appeals for the Fourth Circuit

June 23, 2017 Other
32-1

Brief of Amici Curiae Professors and Practitioners of Psychiatry, Psychology, and Medicine in Support of Plaintiff-Appellant

U. S. Court of Appeals for the Fourth Circuit

June 30, 2017 Pleading / Motion / Brief
36-1

Brief of Amici Curiae Correctional Experts in Support of Plaintiff-Appellant and Reversal

U. S. Court of Appeals for the Fourth Circuit

June 30, 2017 Pleading / Motion / Brief
59

Unpublished Memorandum Opinion

U. S. Court of Appeals for the Fourth Circuit

Nov. 22, 2017 Order/Opinion

Resources

Title Description External URL

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5255009/depaola-v-virginia-department-of-corrections/

Last updated May 20, 2022, 4:36 a.m.

ECF Number Description Date Link
76

OPINION & ORDER granting 71 Motion for Summary Judgment; It is also ORDERED that all claims against the Virginia Department of Corrections as a defendant are DISMISSED as legally frivolous. Signed by Judge James P. Jones on 9/27/2016. (tvt)

Sept. 28, 2016 RECAP
1

COMPLAINT pursuant to 42 U.S.C. §1983 against All Defendants, filed by Eric J. DePaola, Denis Rivera, Luis Velazquez. (Attachments: # 1 Cover Letter, # 2 Exhibit A, # 3 Envelope)(tvt)

Dec. 19, 2014
3

Statement of Assets by Eric J. DePaola (Attachments: # 1 Envelope)(tvt)

Dec. 31, 2014
4

Verified Statement with attachments by Plaintiff Eric J. DePaola (tvt)

Dec. 31, 2014
5

Verified Statement by Plaintiff Denis Rivera (tvt)

Dec. 31, 2014
6

Statement of Assets by Denis Rivera (tvt)

Dec. 31, 2014
7

Statement of Assets by Luis Velazquez (tvt)

Dec. 31, 2014
8

Verified Statement with attachments by Plaintiff Luis Velazquez (tvt)

Dec. 31, 2014
9

Objections by Plaintiffs Eric J. DePaola, Denis Rivera, Luis Velazquez re 2 Order Prisoner Conditionally Filed (Attachments: # 1 Cover Letter)(tvt)

Dec. 31, 2014
10

MOTION for Extension of Time to File Response/Reply as to 2 Order Prisoner Condfil, by Eric J. DePaola, Denis Rivera, Luis Velazquez.Motions referred to Judge Robert S. Ballou. (tvt)

Dec. 31, 2014
11

ORDER granting 10 Motion for Extension of Time to File Response/Reply. Signed by Magistrate Judge Robert S. Ballou on 12/31/2014. (tvt)

Dec. 31, 2014
12

Inmate Account Report by Eric J. DePaola (Attachments: # 1 Cover Letter, # 2 Envelope)(tvt)

Jan. 5, 2015
13

Inmate Account Report by Denis Rivera (Attachments: # 1 Cover Letter, # 2 Envelope)(tvt)

Jan. 5, 2015
14

Inmate Account Report by Luis Velazquez (Attachments: # 1 Cover Letter, # 2 Envelope)(tvt)

Jan. 5, 2015
15

Order entered Conditionally Filing this action regarding Eric J. DePaola pursuant to 42 U.S.C. §1983; Deferring all action in this case; Advising inmate to comply within the allotted time and to notify of changes in address or risk dismissal. Signed by Magistrate Judge Robert S. Ballou on 1/5/2015. (tvt)

Jan. 5, 2015
16

Order entered Conditionally Filing this action regarding DENIS RIVERA pursuant to 42 U.S.C. §1983; Deferring all action in this case; Advising inmate to comply within the allotted time and to notify of changes in address or risk dismissal. Signed by Magistrate Judge Robert S. Ballou on 1/5/2015. (tvt)

Jan. 5, 2015
17

Order entered Conditionally Filing this action regarding LUIS VELAZQUEZ pursuant to 42 U.S.C. §1983 ; Deferring all action in this case; Advising inmate to comply within the allotted time and to notify of changes in address or risk dismissal. Signed by Magistrate Judge Robert S. Ballou on 1/5/2015. (tvt)

Jan. 5, 2015
18

Consent to Fee by Plaintiff Eric J. DePaola (tvt)

Jan. 14, 2015
19

Consent to Fee by Plaintiff Denis Rivera (tvt)

Jan. 14, 2015
20

Consent to Fee by Plaintiff Luis Velazquez (tvt)

Jan. 14, 2015
21

MOTION to Certify Class by Eric J. DePaola, Denis Rivera, Luis Velazquez. (Attachments: # 1 Envelope)(tvt)

Jan. 14, 2015
22

MOTION to Appoint Counsel by Eric J. DePaola, Denis Rivera, Luis Velazquez.Motions referred to Judge Robert S. Ballou. (tvt)

Jan. 14, 2015
23

Additional Evidence − Grievances by Denis Rivera (Attachments: # 1 Envelope)(tvt)

Feb. 23, 2015
24

Request for Copies by Eric J. DePaola (Clerk sending docket sheet as requested)(tvt)

Feb. 23, 2015
25

Letter by Eric J. DePaola requesting a copy of document No. 88 Dismissal Order filed in case 7:11−cv−191. Received payment of $1.50 from defendant, and Copy forwarded to defendant on 3/3/15. (eot) (Entered: 03/03/2015)

Feb. 27, 2015
27

Request for Copies by Denis Rivera (Clerk sending docket sheet as requested)(tvt)

March 9, 2015
28

ORDER severing this action into three separate civil actions; one for each of the plaintiffs. Signed by Magistrate Judge Robert S. Ballou on 4/8/2015. (slt)

April 8, 2015
29

Objections by Plaintiff Eric J. DePaola re 28 Order (Attachments: # 1 Cover Letter, # 2 Envelope)(slt)

April 20, 2015
30

Letter request for docket sheet by Eric J. DePaola. clerk mailed docket sheet this date. (slt)

April 20, 2015
31

Order to Respond: Any of the plaintiffs who does not wish to pursue his case, raising his individual claims challenging the constitutionality of the segregation classification policy, SHALL submit to the court, within ten days from entry of this order, a Motion for Voluntary Dismissal of his case without prejudice. Responses due by 5/20/2015. Signed by Judge James P. Jones on 5/5/2015. (slt)

May 5, 2015
32

Order entered Directing the Clerk to attempt service of process upon the named defendants. Signed by Magistrate Judge Robert S. Ballou on 7/7/2015. (tvt)

July 7, 2015
33

REQUEST FOR WAIVER of Service sent to Virginia Department of Corrections, et al on 7/7/2015. Waiver of Service due by 8/6/2015.(tvt)

July 7, 2015
34

NOTICE of Appearance by John Michael Parsons on behalf of Harold Clarke, Gregory Holloway, Randall Mathena, David Robinson, Virginia Department of Corrections, G.K. Washington (Parsons, John)

Aug. 4, 2015
35

WAIVER OF SERVICE Returned Executed by David Robinson, G.K. Washington, Gregory Holloway, Randall Mathena, Virginia Department of Corrections, Harold Clarke. David Robinson waiver sent on 7/7/2015, answer due 9/8/2015; G.K. Washington waiver sent on 7/7/2015, answer due 9/8/2015; Gregory Holloway waiver sent on 7/7/2015, answer due 9/8/2015; Randall Mathena waiver sent on 7/7/2015, answer due 9/8/2015; Virginia Department of Corrections waiver sent on 7/7/2015, answer due 9/8/2015; Harold Clarke waiver sent on 7/7/2015, answer due 9/8/2015. (Attachments: # 1 List of Defendants)(Parsons, John)

Aug. 4, 2015
36

MOTION to Compel Service of Process by Eric J. DePaola.Motions referred to Judge Robert S. Ballou. (Attachments: # 1 Envelope)(slt)

Aug. 12, 2015
37

NOTICE of Appearance by Richard Carson Vorhis on behalf of Harold Clarke, Gregory Holloway, Randall Mathena, David Robinson, Virginia Department of Corrections, G.K. Washington (Vorhis, Richard)

Sept. 9, 2015
38

MOTION for Extension of Time to File Response/Reply by Harold Clarke, Gregory Holloway, Randall Mathena, David Robinson, Virginia Department of Corrections, G.K. Washington.Motions referred to Judge Robert S. Ballou. (Vorhis, Richard)

Sept. 9, 2015
39

ORDER denying 36 Motion to Compel; granting 38 Motion for Extension of Time to File Response/Reply. Signed by Magistrate Judge Robert S. Ballou on 9/11/2015. (tvt)

Sept. 11, 2015
40

INTERROGATORIES Propounded to Virginia Department of Corrections, et al by Eric J. DePaola. (Attachments: # 1 Envelope)(slt)

Sept. 21, 2015
41

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Harold Clarke, Gregory Holloway, Randall Mathena, David Robinson, Virginia Department of Corrections, G.K. Washington. (Vorhis, Richard)

Oct. 13, 2015
42

Brief / Memorandum in Support re 41 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . filed by Harold Clarke, Gregory Holloway, Randall Mathena, David Robinson, Virginia Department of Corrections, G.K. Washington. (Vorhis, Richard)

Oct. 13, 2015
43

Roseboro Notice and Notice to Parties of Right to Consent to Jurisdiction of United States Magistrate Judge re 41 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Deadline set for 11/9/2015. (slt)

Oct. 14, 2015
45

ORDER granting 44 Motion for Protective Order. Signed by Magistrate Judge Robert S. Ballou on 10/29/2015. (tvt)

Oct. 29, 2015
46

MOTION for Extension of Time to File Response/Reply as to 41 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Eric J. DePaola.Motions referred to Judge Robert S. Ballou. (Attachments: # 1 Envelope)(slt)

Nov. 13, 2015
47

Prisoner Miscellaneous Motion for extension of time to serve summons/process on stated defendants by Eric J. DePaola.Motions referred to Judge Robert S. Ballou. (slt)

Nov. 13, 2015
48

Objections by Plaintiff Eric J. DePaola re 45 Order on Motion for Protective Order (slt)

Nov. 13, 2015
49

ORDER granting 46 Motion for Extension of Time to File Response/Reply( Responses due by 12/18/2015); dismissing as moot 47 Motion to serve summonses on additional defendants; plaintiff's objections 48 to the protective order are OVERRULED. Signed by Magistrate Judge Robert S. Ballou on 11/18/2015. (tvt)

Nov. 18, 2015
50

Brief / Memorandum in Opposition re 41 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . filed by Eric J. DePaola. (Attachments: # 1 Envelope)(slt)

Dec. 15, 2015
51

MOTION to Amend/Correct 1 Complaint by Eric J. DePaola.Motions referred to Judge Robert S. Ballou. (Attachments: # 1 AMENDED COMPLAINT)(slt)

Dec. 15, 2015
52

Motion to Supplement Memo in Opposition to Defendants Motion to Dismiss by Eric J. DePaola. (Attachments: # 1 Supplemental Memo in Opposition to Defendants Motion to Dismiss, # 2 Exhibit B − C)(tvt)

Jan. 11, 2016
53

ORDER denying 41 Motion to Dismiss for Failure to State a Claim; granting 51 Motion to Amend/Correct; denying 52 Prisoner Miscellaneous Motion; the defendants are DIRECTED to file any motion for summary judgment within 60 days from entry of this order. Signed by Judge James P. Jones on 5/18/2016. (tvt)

May 18, 2016
54

AMENDED COMPLAINT against All Defendants, filed by Eric J. DePaola. (Attachments: # 1 Exhibit A, # 2 Exhibit B and C)(tvt)

May 18, 2016
55

REQUEST FOR WAIVER of Service sent to Virginia Department of Corrections, et al on 5/18/2016. Waiver of Service due by 6/17/2016.(tvt)

May 18, 2016
56

NOTICE of Appearance by John Michael Parsons on behalf of G.A. Adams, Tony Adams, J. Artrip, G. Baker, Earl Barksdale, Brane, Keith Dawkins, Stacy Day, Joe Fannin, A. Gallihar, Christopher Gilbert, I. Hamilton, George Hinkle, R. Kegley, Jim Parks, Henry Ponton, T. Puryear, Tori Raiford, Scott Richeson, B.E. Stallard, Walter Swiney, K.A. Sykes, Malcolm Taylor, Elisabeth Thornton, Dwayne Turner, J. Walrath, Michael Younce (Parsons, John)

June 14, 2016
57

WAIVER OF SERVICE Returned Executed by R. Kegley, Michael Younce, Christopher Gilbert, Earl Barksdale, Henry Ponton, A. Gallihar, Tori Raiford, J. Walrath, Joe Fannin, Stacy Day, T. Puryear, Dwayne Turner, Brane, Jim Parks, Malcolm Taylor, G. Baker, Walter Swiney, George Hinkle, Scott Richeson, K.A. Sykes, J. Artrip, I. Hamilton, B.E. Stallard, Keith Dawkins, Elisabeth Thornton, G.A. Adams, Tony Adams. R. Kegley waiver sent on 5/18/2016, answer due 7/18/2016; Michael Younce waiver sent on 5/18/2016, answer due 7/18/2016; Christopher Gilbert waiver sent on 5/18/2016, answer due 7/18/2016; Earl Barksdale waiver sent on 5/18/2016, answer due 7/18/2016; Henry Ponton waiver sent on 5/18/2016, answer due 7/18/2016; A. Gallihar waiver sent on 5/18/2016, answer due 7/18/2016; Tori Raiford waiver sent on 5/18/2016, answer due 7/18/2016; J. Walrath waiver sent on 5/18/2016, answer due 7/18/2016; Joe Fannin waiver sent on 5/18/2016, answer due 7/18/2016; Stacy Day waiver sent on 5/18/2016, answer due 7/18/2016; T. Puryear waiver sent on 5/18/2016, answer due 7/18/2016; Dwayne Turner waiver sent on 5/18/2016, answer due 7/18/2016; Brane waiver sent on 5/18/2016, answer due 7/18/2016; Jim Parks waiver sent on 5/18/2016, answer due 7/18/2016; Malcolm Taylor waiver sent on 5/18/2016, answer due 7/18/2016; G. Baker waiver sent on 5/18/2016, answer due 7/18/2016; Walter Swiney waiver sent on 5/18/2016, answer due 7/18/2016; George on 5/18/2016, answer due 7/18/2016; K.A. Sykes waiver sent on 5/18/2016, answer due 7/18/2016; J. Artrip waiver sent on 5/18/2016, answer due 7/18/2016; I. Hamilton waiver sent on 5/18/2016, answer due 7/18/2016; B.E. Stallard waiver sent on 5/18/2016, answer due 7/18/2016; Keith Dawkins waiver sent on 5/18/2016, answer due 7/18/2016; Elisabeth Thornton waiver sent on 5/18/2016, answer due 7/18/2016; G.A. Adams waiver sent on 5/18/2016, answer due 7/18/2016; Tony Adams waiver sent on 5/18/2016, answer due 7/18/2016. (Attachments: # 1 List of Defendants)(Parsons, John)

June 14, 2016
58

Letter from the Office of the Attorney General of Virginia regarding the last known address of defendant Jackson (tvt) (Additional attachment(s) added on 6/16/2016: # 1 Last known address for defendant Jackson) (tvt).

June 16, 2016
59

REQUEST FOR WAIVER of Service sent to defendant Jackson on 6/16/2016. Waiver of Service due by 7/18/2016.(tvt)

June 16, 2016
60

Sealed Document− Green Certified Mail Card− sent to Dustin Jackson as address under seal as to Request for Waiver of Service of Summons (tvt)

June 16, 2016
61

MOTION to Compel re 40 Interrogatories by Eric J. DePaola.Motions referred to Judge Robert S. Ballou. (Attachments: # 1 Envelope)(slt)

June 22, 2016
62

Sealed Document−Green Certified Return Mail card RETURNED / SIGNED by D. Jackson on 6/21/2016 regarding Request of Waiver of Service. (slt)

June 23, 2016
63

ORDER granting 61 Motion to Compel to the extent that defendants are DIRECTED to respond to the motion and the interrogatories within ten days from the entry of this order. Signed by Magistrate Judge Robert S. Ballou on 6/29/2016. (tvt)

June 30, 2016
64

RESPONSE to Motion re 61 MOTION to Compel . filed by Harold Clarke, Randall Mathena, David Robinson, G.K. Washington. (Attachments: # 1 Exhibit I − Defendants' Response to Plaintiff's First Interrogatories)(Parsons, John)

July 8, 2016
65

RESPONSE to Motion re 61 MOTION to Compel (Supplemental) . filed by Harold Clarke, Randall Mathena, David Robinson, G.K. Washington. (Parsons, John)

July 11, 2016
66

NOTICE of Appearance by John Michael Parsons on behalf of Jackson (Parsons, John)

July 14, 2016
67

WAIVER OF SERVICE Returned Executed by Jackson. Jackson waiver sent on 6/16/2016, answer due 8/15/2016.(Parsons, John)

July 14, 2016
68

MOTION for Extension of Time to File Response/Reply by G.A. Adams, Tony Adams, J. Artrip, G. Baker, Earl Barksdale, Brane, Harold Clarke, Keith Dawkins, Stacy Day, Joe Fannin, A. Gallihar, Christopher Gilbert, I. Hamilton, George Hinkle, Gregory Holloway, Jackson, R. Kegley, Randall Mathena, Jim Parks, Henry Ponton, T. Puryear, Tori Raiford, Scott Richeson, David Robinson, B.E. Stallard, Walter Swiney, K.A. Sykes, Malcolm Taylor, Elisabeth Thornton, Dwayne Turner, Virginia Department of Corrections, J. Walrath, G.K. Washington, Michael Younce.Motions referred to Judge Robert S. Ballou. (Parsons, John)

July 18, 2016
69

ORDER granting 68 Motion for Extension of Time to File Response/Reply Responses due by 7/28/2016. Signed by Magistrate Judge Robert S. Ballou on 7/19/2016. (tvt)

July 19, 2016
70

ANSWER to 54 Amended Complaint by G.A. Adams, Tony Adams, J. Artrip, G. Baker, Earl Barksdale, Brane, Harold Clarke, Keith Dawkins, Stacy Day, Joe Fannin, A. Gallihar, Christopher Gilbert, I. Hamilton, George Hinkle, Gregory Holloway, Jackson, R. Kegley, Randall Mathena, Jim Parks, Henry Ponton, T. Puryear, Tori Raiford, Scott Richeson, David Robinson, B.E. Stallard, Walter Swiney, K.A. Sykes, Malcolm Taylor, Elisabeth Thornton, Dwayne Turner, J. Walrath, G.K. Washington, Michael Younce.(Parsons, John)

July 28, 2016
71

MOTION for Summary Judgment by G.A. Adams, Tony Adams, J. Artrip, G. Baker, Earl Barksdale, Brane, Harold Clarke, Keith Dawkins, Stacy Day, Joe Fannin, A. Gallihar, Christopher Gilbert, I. Hamilton, George Hinkle, Gregory Holloway, Jackson, R. Kegley, Randall Mathena, Jim Parks, Henry Ponton, T. Puryear, Tori Raiford, Scott Richeson, David Robinson, B.E. Stallard, Walter Swiney, K.A. Sykes, Malcolm Taylor, Elisabeth Thornton, Dwayne Turner, J. Walrath, G.K. Washington, Michael Younce. (Parsons, John)

July 28, 2016
72

Brief / Memorandum in Support re 71 MOTION for Summary Judgment . filed by G.A. Adams, Tony Adams, J. Artrip, G. Baker, Earl Barksdale, Brane, Harold Clarke, Keith Dawkins, Stacy Day, Joe Fannin, A. Gallihar, Christopher Gilbert, I. Hamilton, George Hinkle, Gregory Holloway, Jackson, R. Kegley, Randall Mathena, Jim Parks, Henry Ponton, T. Puryear, Tori Raiford, Scott Richeson, David Robinson, B.E. Stallard, Walter Swiney, K.A. Sykes, Malcolm Taylor, Elisabeth Thornton, Dwayne Turner, J. Walrath, G.K. Washington, Michael Younce. (Attachments: # 1 Exhibit 1 − Affidavit of J. Artrip)(Parsons, John)

July 28, 2016
73

Roseboro Notice and Notice to Parties of Right to Consent to Jurisdiction of United States Magistrate Judge re 71 MOTION for Summary Judgment as to Eric J. DePaola Deadline set for 8/22/2016. (tvt)

July 29, 2016
74

RESPONSE in Opposition re 71 MOTION for Summary Judgment . filed by Eric J. DePaola. (Attachments: # 1 Declaration in Opposition of Defendants Motion for Summary Judgment, # 2 Exhibits D − W, # 3 Exhibits 1 − 25, # 4 Envelope)(tvt)

Aug. 22, 2016
75

SUGGESTION OF DEATH Upon the Record as to Elizabeth Thornton by G.A. Adams, Tony Adams, J. Artrip, G. Baker, Earl Barksdale, Brane, Harold Clarke, Keith Dawkins, Stacy Day, Joe Fannin, A. Gallihar, Christopher Gilbert, I. Hamilton, George Hinkle, Gregory Holloway, Jackson, R. Kegley, Randall Mathena, Jim Parks, Henry Ponton, T. Puryear, Tori Raiford, Scott Richeson, David Robinson, B.E. Stallard, Walter Swiney, K.A. Sykes, Malcolm Taylor, Elisabeth Thornton, Dwayne Turner, Virginia Department of Corrections, J. Walrath, G.K. Washington, Michael Younce (Parsons, John)

Aug. 26, 2016
77

JUDGMENT in favor of the defendants. The clerk shall close the case. Signed by Judge James P. Jones on 9/27/2016. (tvt)

Sept. 28, 2016
78

NOTICE OF APPEAL as to 77 Judgment, 76 Order on Motion for Summary Judgment by Eric J. DePaola. (tvt)

Oct. 6, 2016
79

Transmittal of Notice of Appeal to 4CCA re 78 Notice of Appeal NOTE: The Docketing Statement and Transcript Order Form are available on the 4th Circuit Court of Appeals website at www.ca4.uscourts.gov. If CJA24 form(s) are applicable, you must submit a separate Auth−24 for each court reporter from whom you wish to order a transcript through the District Court's eVoucher system. (tvt)

Oct. 6, 2016

Assembled Electronic Record Transmitted to 4CCA re 78 Notice of Appeal (tvt)

Oct. 6, 2016
80

NOTICE of Docketing Record on Appeal from USCA re 78 Notice of Appeal filed by Eric J. DePaola. USCA Case Number 16−7358 case manager Anisha Walker(tvt)

Oct. 6, 2016
81

ORDER of USCA grant to proceed without full prepayment of fees as to 78 Notice of Appeal filed by Eric J. DePaola (tvt)

Oct. 25, 2016
82

USCA Notice of Order assigning counsel (slt)

March 30, 2017
83

USCA Memorandum Opinion from 4th Circuit re 78 Notice of Appeal Affirmed decided on 11/22/2017 (tvt)

Nov. 22, 2017
84

USCA JUDGMENT as to 78 Notice of Appeal filed by Eric J. DePaola (tvt)

Nov. 22, 2017
85

MANDATE of USCA as to 78 Notice of Appeal filed by Eric J. DePaola (sas)

Dec. 14, 2017
86

PAID−−USCA Appeal Fees received $ 505 receipt number 7−54957 re 78 Notice of Appeal filed by Eric J. DePaola (slt)

Dec. 20, 2017

State / Territory: Virginia

Case Type(s):

Prison Conditions

Special Collection(s):

Solitary confinement

Key Dates

Filing Date: Dec. 19, 2014

Closing Date: 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Three Virginia prisoners placed in administrative segregation at Red Onion State Prison

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

The Virginia Department of Corrections (Roanoke), None

The External Review Team (Roanoke), None

The Dual Treatment Team (Roanoke), None

The Unit Management Team (Roanoke), None

Defendant Type(s):

Corrections

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Administrative segregation

Classification / placement

Conditions of confinement

Disciplinary procedures

Disciplinary segregation

Grievance Procedures

Incident/accident reporting & investigations

Sanitation / living conditions

Solitary confinement/Supermax (conditions or process)

Totality of conditions

Type of Facility:

Government-run