Case: Sabata v. Nebraska Department of Correctional Services

4:17-cv-03107 | U.S. District Court for the District of Nebraska

Filed Date: Aug. 15, 2017

Closed Date: Dec. 1, 2020

Clearinghouse coding complete

Case Summary

COVID-19 Summary: This is a longstanding class action filed over conditions in the Nebraska state prison system. In addition to the underlying litigation, the plaintiffs filed an emergency motion on April 10, 2020 seeking disclosure of the defendants' plan for the prevention, management, and treatment of the COVID-19 pandemic. The motion was denied on June 8. The case was voluntarily dismissed on December 1, 2020. On August 15, 2017, eleven prisoners filed a putative class action complaint agai…

COVID-19 Summary: This is a longstanding class action filed over conditions in the Nebraska state prison system. In addition to the underlying litigation, the plaintiffs filed an emergency motion on April 10, 2020 seeking disclosure of the defendants' plan for the prevention, management, and treatment of the COVID-19 pandemic. The motion was denied on June 8. The case was voluntarily dismissed on December 1, 2020.


On August 15, 2017, eleven prisoners filed a putative class action complaint against the Nebraska Department of Correctional Services (NDCS) and the Nebraska Board of Parole (BOP) in the U.S. District Court for the District of Nebraska under 42 U.S.C. § 1983. Represented by the ACLU's National Prison Project, the National Association of the Deaf, and private counsel, the plaintiffs sought injunctive relief and attorneys’ fees, claiming that the prison conditions in Nebraska endangered the health, safety, and lives of prisoners and staff on a daily basis. The complaint alleged chronic overcrowding and under-staffing, a lack of staff training, a flawed parole system, overreliance on isolation, and inadequate health care. In particular, the plaintiffs claimed violations of the Eighth Amendment to the Constitution, the Americans with Disabilities Act, and Section 504 of the Rehabilitation Act. The case was assigned to Judge Robert F. Rossiter, Jr. and referred to Magistrate Judge Michael Nelson.

On November 6, 2017, the Department of Correctional Services and the Board of Parole moved to dismiss the plaintiffs’ complaint for failure to state a claim and lack of subject matter jurisdiction. They sought to have all claims against the Board dismissed entirely, and to dismiss all §1983 claims against both the Department and the Board. On January 16, 2018, the court denied the motion to dismiss the Board as defendant, but dismissed all §1983 claims, against the Board and the Department, with prejudice.

On July 27, 2018, the defendants moved for partial summary judgment, arguing that the plaintiffs had failed to exhaust administrative remedies as required under the Prison Litigation Reform Act. A few months later, the defendants moved to dismiss an individual plaintiff who had been released from prison, and also moved for summary judgment on the claims against one individual defendant (the Director of Supervision and Services of the Division of Parole Supervision).

The plaintiffs sought class certification on February 19, 2019. They sought to represent a class of "all persons who are now, or will in the future, be subjected to the health care (including medical, mental health and dental care) policies and practices of NDCS [the Nebraska Department of Correctional Services]." They also sought to certify two subclasses: an Isolation Subclass (“all NDCS prisoners who are now, or will in the future be, subject to conditions of confinement that provide limited contact with other prisoners, strictly controlled movement while out of cell, and out-of-cell time of less than twenty-four hours per week") and a Disability Subclass ("“all persons with disabilities who are now, or will in the future be, confined at any NDCS facility”).

On April 18, 2019, the defendants again sought summary judgment. Between November and December 2019, defendants moved to dismiss two other individual plaintiffs who had been released from prison.

Plaintiffs filed an emergency motion on April 10, 2020 seeking disclosure of the defendants' plan for the prevention, management, and treatment of the COVID-19 pandemic. Plaintiffs argued that the discovery request was relevant to the case because their “class action already concerns issues of life and death for incarcerated individuals in NDCS facilities” and the COVID-19 crisis has placed purported class members at “a real and immediate risk of suffering or dying."

On June 8, 2020, the court issued a series of orders. First, the court denied the defendants' motion for partial summary judgment regarding exhaustion of administrative remedies. Second, defendants' motion for partial summary judgment regarding life sentences and Eighth Amendment claims were granted as to some defendants but not others. Third, an individual defendant was dismissed on summary judgment. Fourth, the plaintiff's request for class certification was denied in full. 2020 WL 3047479. The court also stated that discovery about COVID-19 was irrelevant to the plaintiff's claims about the medical care system.

With the case thus narrowed, some discovery disputes proceeded -- but on December 1, the parties filed a joint stipulation of dismissal without prejudice, concluding the case. No settlement terms are public. The court issued a judgment dismissing the case without prejudice.

Summary Authors

Chandler Hart-McGonigle (12/1/2020)

Gabriela Hybel (2/21/2019)

Bogyung Lim (6/27/2020)

Tessa McEvoy (2/26/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/6192936/parties/sabata-v-nebraska-department-of-correctional-services/


Judge(s)

Buescher, Brian Craig None (Nebraska)

Nelson, Michael D. (Nebraska)

Rossiter, Robert F. Jr. (Nebraska)

Attorneys(s) for Plaintiff

Amdor, Diane (Nebraska)

Arulanantham, Rekha (District of Columbia)

Bien, Michael W. (California)

Bien-Kahn, Benjamin Joseph (California)

Conrad, Danielle M (Nebraska)

Day, Andrew D. (California)

Eldridge, Jennifer (Illinois)

Judge(s)

Buescher, Brian Craig None (Nebraska)

Nelson, Michael D. (Nebraska)

Rossiter, Robert F. Jr. (Nebraska)

Attorneys(s) for Plaintiff

Amdor, Diane (Nebraska)

Arulanantham, Rekha (District of Columbia)

Bien, Michael W. (California)

Bien-Kahn, Benjamin Joseph (California)

Conrad, Danielle M (Nebraska)

Day, Andrew D. (California)

Eldridge, Jennifer (Illinois)

Emilio, Anna Bitencourt (Maryland)

Fathi, David Cyrus (District of Columbia)

Fettig, Amy (District of Columbia)

Galvan, Ernest (California)

Goodman, Aaron T (Arizona)

Gulliver, Colleen (New York)

Janssen, Kara J. (California)

Jenkins, Dawn M. (Texas)

Kuhlik, Lauren (District of Columbia)

McEwen, Robert E. (Nebraska)

Miller, Amy A. (Nebraska)

Patkin, Debra (California)

Shrader, Brittany (Maryland)

Sipple, Adam J (Nebraska)

Smith, Kenneth M. (Nebraska)

Tarrell, David J (Nebraska)

Wedekind, Jennifer A. (District of Columbia)

Young, Christopher M. (California)

Attorneys(s) for Defendant

Ertz, Timothy R. (Missouri)

Forch, Jessica M. (Nebraska)

Goins, Benjamin M. (Nebraska)

Gydesen, Phoebe L (Nebraska)

Jones, Danielle L. (Nebraska)

Lopez, David A. (Nebraska)

O'Brien, Katherine (Nebraska)

Peterson, Doug (Nebraska)

Post, Ryan S (Nebraska)

Rowley, Danielle L. (Nebraska)

Straus, Scott R (Nebraska)

Other Attorney(s)

Renner, Shawn D (Nebraska)

Expert/Monitor/Master

Haney, Craig William (California)

Schlanger, Margo J. (Michigan)

Shulman, Jay (Texas)

Stern, Marc F. (Washington)

Stewart, Pablo (California)

Vail, Eldon (Washington)

Documents in the Clearinghouse

Document

4:17-cv-03107

Docket [PACER]

Dec. 1, 2020

Dec. 1, 2020

Docket
1

4:17-cv-03107

Class Action Complaint for Injunctive and Declaratory Relief

Aug. 15, 2017

Aug. 15, 2017

Complaint
53

4:17-cv-03107

Memorandum and Order

Jan. 16, 2018

Jan. 16, 2018

Order/Opinion
249-38

4:17-cv-03107

Expert Declaration of Dr. Pablo Stewart

Feb. 19, 2019

Feb. 19, 2019

Monitor/Expert/Receiver Report
249-53

4:17-cv-03107

Expert Report of Jay Shulman, DDS

Sabata v. Nebraska Department of Correctional Facilities

Feb. 19, 2019

Feb. 19, 2019

Monitor/Expert/Receiver Report
249-58

4:17-cv-03107

Expert Declaration of Marc Stern in Support of Plaintiffs' Class Cert Motion

Feb. 19, 2019

Feb. 19, 2019

Monitor/Expert/Receiver Report

4:17-cv-03107

Exhibit 3: Photos Referenced in Expert Declarations of Plaintiffs' Class Cert Motion

Feb. 19, 2019

Feb. 19, 2019

Monitor/Expert/Receiver Report
249-47

4:17-cv-03107

Expert Declaration of Eldon Vail in Support of Plaintiffs' Class Cert Motion

Feb. 19, 2019

Feb. 19, 2019

Monitor/Expert/Receiver Report
249-42

4:17-cv-03107

Expert Declaration of Craig Haney in Support of Plaintiffs' Class Cert Motion

Feb. 19, 2019

Feb. 19, 2019

Monitor/Expert/Receiver Report
250

4:17-cv-03107

Motion for Class Certification

Feb. 19, 2019

Feb. 19, 2019

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6192936/sabata-v-nebraska-department-of-correctional-services/

Last updated July 23, 2022, 3 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Harbans Deol, Does, Scott Frakes, Julie Micek, Nebraska Board of Parole, Nebraska Department of Correctional Services ( Filing fee $ 400, receipt number 0867-3504366), by Attorney Amy A. Miller on behalf of Brandon Sweetser, Angelic Norris, Dylan Cardeilhac, Hannah Sabata, Michael Gunther, James Curtright, Isaac Reeves, R. P., Jason Galle, Zoe Rena, Richard Griswold(Miller, Amy) (Entered: 08/16/2017)

Aug. 15, 2017

Aug. 15, 2017

Clearinghouse
4

TEXT NOTICE OF JUDGES ASSIGNED: Judge Robert F. Rossiter, Jr. and Magistrate Judge Michael D. Nelson assigned. (LAC) (Entered: 08/16/2017)

Aug. 15, 2017

Aug. 15, 2017

PACER
2

MOTION to Appoint Guardian ad Litem by Attorney Amy A. Miller on behalf of Plaintiff R. P..(Miller, Amy) (Entered: 08/16/2017)

Aug. 16, 2017

Aug. 16, 2017

PACER
3

MOTION to file under Seal True Identity of R.P. by Attorney Amy A. Miller on behalf of Plaintiff R. P..(Miller, Amy) (Entered: 08/16/2017)

Aug. 16, 2017

Aug. 16, 2017

PACER
5

MOTION Application for Admission Pro Hac Vice For Michael W. Bien by Attorney Amy A. Miller on behalf of Plaintiffs Dylan Cardeilhac, James Curtright, Jason Galle, Richard Griswold, Michael Gunther, Angelic Norris, R. P., Isaac Reeves, Zoe Rena, Hannah Sabata, Brandon Sweetser.(Miller, Amy) (Entered: 08/16/2017)

Aug. 16, 2017

Aug. 16, 2017

PACER
6

MOTION Application for Admission Pro Hac Vice for Kara J. Janssen by Attorney Amy A. Miller on behalf of Plaintiffs Dylan Cardeilhac, James Curtright, Jason Galle, Richard Griswold, Michael Gunther, Angelic Norris, R. P., Isaac Reeves, Zoe Rena, Hannah Sabata, Brandon Sweetser.(Miller, Amy) (Entered: 08/16/2017)

Aug. 16, 2017

Aug. 16, 2017

PACER
7

MOTION Application for Admission Pro Hac Vice for David Cyrus Fathi by Attorney Amy A. Miller on behalf of Plaintiffs Dylan Cardeilhac, James Curtright, Jason Galle, Richard Griswold, Michael Gunther, Angelic Norris, R. P., Isaac Reeves, Zoe Rena, Hannah Sabata, Brandon Sweetser.(Miller, Amy) (Entered: 08/16/2017)

Aug. 16, 2017

Aug. 16, 2017

PACER
8

MOTION Application for Admission Pro Hac Vice for Christopher M. Young by Attorney Amy A. Miller on behalf of Plaintiffs Dylan Cardeilhac, James Curtright, Jason Galle, Richard Griswold, Michael Gunther, Angelic Norris, R. P., Isaac Reeves, Zoe Rena, Hannah Sabata, Brandon Sweetser.(Miller, Amy) (Entered: 08/16/2017)

Aug. 16, 2017

Aug. 16, 2017

PACER
9

MOTION Application for Admission Pro Hac Vice for Jennifer Eldridge by Attorney Amy A. Miller on behalf of Plaintiffs Dylan Cardeilhac, James Curtright, Jason Galle, Richard Griswold, Michael Gunther, Angelic Norris, R. P., Isaac Reeves, Zoe Rena, Hannah Sabata, Brandon Sweetser.(Miller, Amy) (Entered: 08/16/2017)

Aug. 16, 2017

Aug. 16, 2017

PACER
10

MOTION Application for Admission Pro Hac Vice for Dawn M. Jenkins by Attorney Amy A. Miller on behalf of Plaintiffs Dylan Cardeilhac, James Curtright, Jason Galle, Richard Griswold, Michael Gunther, Angelic Norris, R. P., Isaac Reeves, Zoe Rena, Hannah Sabata, Brandon Sweetser.(Miller, Amy) (Entered: 08/16/2017)

Aug. 16, 2017

Aug. 16, 2017

PACER
11

MOTION Application for Admission Pro Hac Vice for Debra Patkin by Attorney Amy A. Miller on behalf of Plaintiffs Dylan Cardeilhac, James Curtright, Jason Galle, Richard Griswold, Michael Gunther, Angelic Norris, R. P., Isaac Reeves, Zoe Rena, Hannah Sabata, Brandon Sweetser.(Miller, Amy) (Entered: 08/16/2017)

Aug. 16, 2017

Aug. 16, 2017

PACER
12

NOTICE of Place of Trial by Attorney Amy A. Miller on behalf of Plaintiffs Dylan Cardeilhac, James Curtright, Jason Galle, Richard Griswold, Michael Gunther, Angelic Norris, R. P., Isaac Reeves, Zoe Rena, Hannah Sabata, Brandon Sweetser (Miller, Amy) (Entered: 08/16/2017)

Aug. 16, 2017

Aug. 16, 2017

PACER
13

RESTRICTED DOCUMENT regarding MOTION to file under Seal True Identity of R.P. 3 ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE E-GOVERNMENT ACT AND FEDERAL RULE OF CIVIL PROCEDURE 5.2(a). - by Attorney Amy A. Miller on behalf of Plaintiff R. P..(Miller, Amy) (Entered: 08/16/2017)

Aug. 16, 2017

Aug. 16, 2017

PACER
14

TEXT ORDER granting in part 3 Motion to Seal. The plaintiffs' Declaration Disclosing the True Name of Plaintiff R.P. 13 shall remain a restricted document pursuant to NEGenR 1.3(a)(1)(B)(ii) and NECivR 5.3(c). Access to the Declaration shall remain restricted to court users and case participants. Ordered by Magistrate Judge Michael D. Nelson. (SMN) (Entered: 08/16/2017)

Aug. 16, 2017

Aug. 16, 2017

PACER
15

APPLICATION/ORDER admitting pro hac vice Attorney David Fathi for Plaintiffs Dylan Cardeilhac, James Curtright, Jason Galle, Richard Griswold, Michael Gunther, Angelic Norris, R. P., Isaac Reeves, Zoe Rena, Hannah Sabata, Brandon Sweetser. Ordered by Deputy Clerk. (ADB) (Entered: 08/17/2017)

Aug. 17, 2017

Aug. 17, 2017

PACER
16

APPLICATION/ORDER admitting pro hac vice Attorney Christopher M. Young for Plaintiffs Dylan Cardeilhac, James Curtright, Jason Galle, Richard Griswold, Michael Gunther, Angelic Norris, R. P., Isaac Reeves, Zoe Rena, Hannah Sabata, Brandon Sweetser. Ordered by Deputy Clerk. (ADB) (Entered: 08/17/2017)

Aug. 17, 2017

Aug. 17, 2017

PACER
17

APPLICATION/ORDER admitting pro hac vice Attorney Dawn M. Jenkins for Plaintiffs Dylan Cardeilhac, James Curtright, Jason Galle, Richard Griswold, Michael Gunther, Angelic Norris, R. P., Isaac Reeves, Zoe Rena, Hannah Sabata, Brandon Sweetser. Ordered by Deputy Clerk. (ADB) (Entered: 08/17/2017)

Aug. 17, 2017

Aug. 17, 2017

PACER
18

APPLICATION/ORDER admitting pro hac vice Attorney Debra Patkin for Plaintiffs Dylan Cardeilhac, James Curtright, Jason Galle, Richard Griswold, Michael Gunther, Angelic Norris, R. P., Isaac Reeves, Zoe Rena, Hannah Sabata, Brandon Sweetser. Ordered by Deputy Clerk. (ADB) (Entered: 08/17/2017)

Aug. 17, 2017

Aug. 17, 2017

PACER
19

APPLICATION/ORDER admitting pro hac vice Attorney Jennifer Eldridge for Plaintiffs Dylan Cardeilhac, James Curtright, Jason Galle, Richard Griswold, Michael Gunther, Angelic Norris, R. P., Isaac Reeves, Zoe Rena, Hannah Sabata, Brandon Sweetser. Ordered by Deputy Clerk. (ADB) (Entered: 08/17/2017)

Aug. 17, 2017

Aug. 17, 2017

PACER
20

APPLICATION/ORDER admitting pro hac vice Attorney Michael W. Bien for Plaintiffs Dylan Cardeilhac, James Curtright, Jason Galle, Richard Griswold, Michael Gunther, Angelic Norris, R. P., Isaac Reeves, Zoe Rena, Hannah Sabata, Brandon Sweetser. Ordered by Deputy Clerk. (ADB) (Entered: 08/17/2017)

Aug. 17, 2017

Aug. 17, 2017

PACER
21

APPLICATION/ORDER admitting pro hac vice Attorney Kara Janssen for Plaintiffs Dylan Cardeilhac, James Curtright, Jason Galle, Richard Griswold, Michael Gunther, Angelic Norris, R. P., Isaac Reeves, Zoe Rena, Hannah Sabata, Brandon Sweetser. Ordered by Deputy Clerk. (ADB) (Entered: 08/17/2017)

Aug. 17, 2017

Aug. 17, 2017

PACER
22

ORDER that Plaintiffs' Motion for Appointment of Next Friend Per Fed. R. Civ. P. 17(c) (Filing No. 2 ) is granted. David J. Tarrell, Attorney at Law, 1823 Harney Street, Suite 100, Omaha, Nebraska 68102, (402) 884-7770, is appointed as Guardian ad Litem to represent the interests of Plaintiff R. P., a minor, during the pendency of this action or until further order of the Court. The Clerk of Court is directed to mail copies of this Order to Mr. Tarrell at the address listed above. Upon receipt of this Order, Mr. Tarrell shall enter his appearance on behalf of Plaintiff R.P. Ordered by Magistrate Judge Michael D. Nelson. (Copies mailed as directed to Attorney David J. Tarrell)(LAC) (Entered: 08/24/2017)

Aug. 24, 2017

Aug. 24, 2017

RECAP
23

NOTICE of Appearance as Guardian Ad Litem by Attorney David J. Tarrell on behalf of Plaintiff R. P. (Tarrell, David) (Entered: 08/29/2017)

Aug. 29, 2017

Aug. 29, 2017

PACER
24

APPLICATION/ORDER admitting pro hac vice Attorney Amy Fettig for Plaintiffs Dylan Cardeilhac, James Curtright, Jason Galle, Richard Griswold, Michael Gunther, Angelic Norris, R. P., Isaac Reeves, Zoe Rena, Hannah Sabata, and Brandon Sweetser. Ordered by Deputy Clerk. (LAC) (Entered: 09/01/2017)

Sept. 1, 2017

Sept. 1, 2017

PACER
25

APPLICATION/ORDER admitting pro hac vice Attorney Ernest Galvan for Plaintiffs Dylan Cardeilhac, James Curtright, Jason Galle, Richard Griswold, Michael Gunther, Angelic Norris, R. P., Isaac Reeves, Zoe Rena, Hannah Sabata, and Brandon Sweetser. Ordered by Deputy Clerk. (LAC) (Entered: 09/01/2017)

Sept. 1, 2017

Sept. 1, 2017

PACER
26

WAIVER OF SERVICE Returned Executed upon 8/29.2017 defendant Nebraska Department of Correctional Services. Waiver sent on 8/23/2017. (McEwen, Robert) (Entered: 09/05/2017)

Sept. 5, 2017

Sept. 5, 2017

PACER
27

WAIVER OF SERVICE Returned Executed upon 08/29/2017 defendant Scott Frakes. Waiver sent on 8/23/2017. (McEwen, Robert) (Entered: 09/05/2017)

Sept. 5, 2017

Sept. 5, 2017

PACER
28

WAIVER OF SERVICE Returned Executed upon 08/29/2017 defendant Nebraska Board of Parole. Waiver sent on 8/23/2017. (McEwen, Robert) (Entered: 09/05/2017)

Sept. 5, 2017

Sept. 5, 2017

PACER
29

WAIVER OF SERVICE Returned Executed upon 08/29/2017 defendant Julie Micek. Waiver sent on 8/23/2017. (McEwen, Robert) (Entered: 09/05/2017)

Sept. 5, 2017

Sept. 5, 2017

PACER
30

WAIVER OF SERVICE Returned Executed upon 08/29/2017 defendant Harbans Deol. Waiver sent on 8/23/2017. (McEwen, Robert) (Entered: 09/05/2017)

Sept. 5, 2017

Sept. 5, 2017

PACER
31

MOTION for Extension of Time to File a Responsive Pleading and for Extended Opposition Briefing by Attorney David A. Lopez on behalf of Defendants Harbans Deol, Scott Frakes, Julie Micek, Nebraska Board of Parole, Nebraska Department of Correctional Services.(Lopez, David) (Entered: 10/19/2017)

Oct. 19, 2017

Oct. 19, 2017

PACER
32

TEXT ORDER granting 31 Unopposed Motion for Extension of Time to File a Responsive Pleading and to Extend Opposition Briefing. Defendants shall have an extension of time to November 6, 2017, to file a responsive pleading. Per the agreement of the parties, Plaintiffs shall have until December 11, 2017, to file a brief in response to Defendants' responsive pleading. Ordered by Magistrate Judge Michael D. Nelson. (SMN) (Entered: 10/19/2017)

Oct. 19, 2017

Oct. 19, 2017

PACER
33

APPLICATION/ORDER admitting pro hac vice Attorney Andrew D. Day for Plaintiffs Dylan Cardeilhac, James Curtright, Jason Galle, Richard Griswold, Michael Gunther, Angelic Norris, R. P., Isaac Reeves, Zoe Rena, Hannah Sabata, Brandon Sweetser. Fee in the amount of $100.00 paid, receipt number 8044681. Ordered by Deputy Clerk. (ADB) (Entered: 10/23/2017)

Oct. 23, 2017

Oct. 23, 2017

PACER
34

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND FOR LACK OF SUBJECT-MATTER JURISDICTION by Attorney David A. Lopez on behalf of Defendants Harbans Deol, Scott Frakes, Julie Micek, Nebraska Board of Parole, Nebraska Department of Correctional Services.(Lopez, David) (Entered: 11/06/2017)

Nov. 6, 2017

Nov. 6, 2017

PACER
35

BRIEF in support of MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND FOR LACK OF SUBJECT-MATTER JURISDICTION 34 by Attorney David A. Lopez on behalf of Defendants Harbans Deol, Scott Frakes, Julie Micek, Nebraska Board of Parole, Nebraska Department of Correctional Services.(Lopez, David) (Entered: 11/06/2017)

Nov. 6, 2017

Nov. 6, 2017

PACER
36

MOTION for Extension of Time to File a Responsive Pleading Pending Disposition of Motion to Dismiss 34 by Attorney David A. Lopez on behalf of Defendants Harbans Deol, Scott Frakes, Julie Micek, Nebraska Board of Parole, Nebraska Department of Correctional Services.(Lopez, David) (Entered: 11/06/2017)

Nov. 6, 2017

Nov. 6, 2017

PACER
37

TEXT ORDER granting 36 Motion for Extension of Time to File a Responsive Pleading. The time for Defendants to file an answer to the Complaint 1 is suspended until 14-days after the Court issues a ruling on their pending Motion to Dismiss for Failure to State a Claim 34 . Ordered by Magistrate Judge Michael D. Nelson. (SMN) (Entered: 11/07/2017)

Nov. 7, 2017

Nov. 7, 2017

PACER
38

NOTICE of Appearance by Attorney Timothy R. Ertz on behalf of Defendants Harbans Deol, Scott Frakes, Julie Micek, Nebraska Board of Parole, Nebraska Department of Correctional Services (Ertz, Timothy) (Entered: 11/07/2017)

Nov. 7, 2017

Nov. 7, 2017

PACER
39

NOTICE of Appearance by Attorney Jessica M. Forch on behalf of Defendants Harbans Deol, Scott Frakes, Julie Micek, Nebraska Board of Parole, Nebraska Department of Correctional Services (Forch, Jessica) (Entered: 11/07/2017)

Nov. 7, 2017

Nov. 7, 2017

PACER
40

Certificate of Service for Plaintiffs' First Set of Requests For Production of Documents by Attorney Robert E. McEwen on behalf of Plaintiffs Dylan Cardeilhac, James Curtright, Jason Galle, Richard Griswold, Michael Gunther, Angelic Norris, R. P., Isaac Reeves, Zoe Rena, Hannah Sabata, Brandon Sweetser.(McEwen, Robert) (Entered: 11/22/2017)

Nov. 22, 2017

Nov. 22, 2017

PACER

Remark - Public

Dec. 1, 2017

Dec. 1, 2017

PACER

Remark - Public: Copy of Motion miscellaneous relief 12 in 4:17cv3134 Griswold v. Hanson sent to counsel of record at the direction of Senior Judge Richard G. Kopf. (CCB)

Dec. 1, 2017

Dec. 1, 2017

PACER
41

RESPONSE regarding MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND FOR LACK OF SUBJECT-MATTER JURISDICTION 34, Plaintiffs' Opposition by Attorney Ernest Galvan on behalf of Plaintiffs Dylan Cardeilhac, James Curtright, Jason Galle, Richard Griswold, Michael Gunther, Angelic Norris, R. P., Isaac Reeves, Zoe Rena, Hannah Sabata, Brandon Sweetser.(Galvan, Ernest) (Entered: 12/11/2017)

Dec. 11, 2017

Dec. 11, 2017

PACER
42

INDEX in opposition to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND FOR LACK OF SUBJECT-MATTER JURISDICTION 34, Request for Judicial Notice by Attorney Ernest Galvan on behalf of Plaintiffs Angelic Norris, R. P., Isaac Reeves, Zoe Rena, Hannah Sabata, Brandon Sweetser. (Attachments: # 1 Request for Judicial Notice, # 2 Declaration of Ernest Galvan, # 3 Norris Profile, # 4 RP Profile Redacted, # 5 Sabata Profile, # 6 Reeves Profile, # 7 Sweetser Profile, # 8 Galle Profile, # 9 Cardeilhac Profile, # 10 Griswold Profile, # 11 Gunther Profile, # 12 Curtright Profile, # 13 Hearing Schedule Redacted)(Galvan, Ernest) (Entered: 12/11/2017)

1 Request for Judicial Notice

View on PACER

2 Declaration of Ernest Galvan

View on PACER

3 Norris Profile

View on PACER

4 RP Profile Redacted

View on PACER

5 Sabata Profile

View on PACER

6 Reeves Profile

View on PACER

7 Sweetser Profile

View on PACER

8 Galle Profile

View on PACER

9 Cardeilhac Profile

View on PACER

10 Griswold Profile

View on PACER

11 Gunther Profile

View on PACER

12 Curtright Profile

View on PACER

13 Hearing Schedule Redacted

View on PACER

Dec. 11, 2017

Dec. 11, 2017

PACER
43

APPLICATION/ORDER admitting pro hac vice Attorney Benjamin Bien-Kahn for Plaintiffs Dylan Cardeilhac, James Curtright, Jason Galle, Richard Griswold, Michael Gunther, Angelic Norris, R. P., Isaac Reeves, Zoe Rena, Hannah Sabata, Brandon Sweetser. Fee in the amount of $100.00 paid, receipt number 8045358. Ordered by Deputy Clerk. (LAC) (Entered: 12/15/2017)

Dec. 15, 2017

Dec. 15, 2017

PACER
44

ATTORNEY LETTER by Clerk that Attorney Benjamin Bien-Kahn has not registered for the system. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (LAC) (Entered: 12/15/2017)

Dec. 15, 2017

Dec. 15, 2017

PACER
45

MOTION to Extend Deadline to File Reply Brief in Support of Motion to Dismiss by Attorney Timothy R. Ertz on behalf of Defendants Harbans Deol, Scott Frakes, Julie Micek, Nebraska Board of Parole, Nebraska Department of Correctional Services.(Ertz, Timothy) (Entered: 12/18/2017)

Dec. 18, 2017

Dec. 18, 2017

PACER
46

TEXT ORDER granting 45 Motion to Extend. Defendants shall have an extension of time to December 28, 2017, to file a brief in reply to the Motion to Dismiss 34 . Ordered by Magistrate Judge Michael D. Nelson. (SMN) (Entered: 12/18/2017)

Dec. 18, 2017

Dec. 18, 2017

PACER
47

APPLICATION/ORDER admitting pro hac vice Attorney Rekha Arulanantham for Plaintiffs Dylan Cardeilhac, James Curtright, Jason Galle, Richard Griswold, Michael Gunther, Angelic Norris, R. P., Isaac Reeves, Zoe Rena, Hannah Sabata, and Brandon Sweetser. Fee in the amount of $100.00 paid, receipt number 8045484. Ordered by Deputy Clerk. (LAC) (Entered: 12/21/2017)

Dec. 21, 2017

Dec. 21, 2017

PACER
48

REPLY BRIEF in support of MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND FOR LACK OF SUBJECT-MATTER JURISDICTION 34 by Attorney David A. Lopez on behalf of Defendants Harbans Deol, Scott Frakes, Julie Micek, Nebraska Board of Parole, Nebraska Department of Correctional Services.(Lopez, David) (Entered: 12/28/2017)

Dec. 28, 2017

Dec. 28, 2017

PACER
49

WITHDRAWN - MOTION to Dismiss and Suggestion of Mootness of Claims of Named Plaintiff Hannah Sabata by Attorney Timothy R. Ertz on behalf of Defendants Harbans Deol, Scott Frakes, Julie Micek, Nebraska Board of Parole, Nebraska Department of Correctional Services.(Ertz, Timothy) Modified on 1/17/2018 to withdraw per #55 Text Order (LAC). (Entered: 01/05/2018)

Jan. 5, 2018

Jan. 5, 2018

PACER
50

BRIEF in support of MOTION to Dismiss and Suggestion of Mootness of Claims of Named Plaintiff Hannah Sabata 49 by Attorney Timothy R. Ertz on behalf of Defendants Harbans Deol, Scott Frakes, Julie Micek, Nebraska Board of Parole, Nebraska Department of Correctional Services.(Ertz, Timothy) (Entered: 01/05/2018)

Jan. 5, 2018

Jan. 5, 2018

PACER
51

RESPONSE regarding MOTION to Dismiss and Suggestion of Mootness of Claims of Named Plaintiff Hannah Sabata 49 Plaintiffs' Opposition by Attorney Kara J. Janssen on behalf of Plaintiffs Dylan Cardeilhac, James Curtright, Jason Galle, Richard Griswold, Michael Gunther, Angelic Norris, R. P., Isaac Reeves, Zoe Rena, Hannah Sabata, Brandon Sweetser.(Janssen, Kara) (Entered: 01/12/2018)

Jan. 12, 2018

Jan. 12, 2018

PACER
52

INDEX in opposition to MOTION to Dismiss and Suggestion of Mootness of Claims of Named Plaintiff Hannah Sabata 49 by Attorney Kara J. Janssen on behalf of Plaintiffs Dylan Cardeilhac, James Curtright, Jason Galle, Richard Griswold, Michael Gunther, Angelic Norris, R. P., Isaac Reeves, Zoe Rena, Hannah Sabata, Brandon Sweetser. (Attachments: # 1 Exhibit Request for Judicial Notice, # 2 Exhibit Declaration of Amy A. Miller, # 3 Exhibit Sabata Search Listing, # 4 Exhibit Sabata Profile 1/5/18, # 5 Exhibit Sabata Profile 1/12/18)(Janssen, Kara) (Entered: 01/12/2018)

1 Exhibit Request for Judicial Notice

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2 Exhibit Declaration of Amy A. Miller

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3 Exhibit Sabata Search Listing

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4 Exhibit Sabata Profile 1/5/18

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5 Exhibit Sabata Profile 1/12/18

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Jan. 12, 2018

Jan. 12, 2018

PACER
53

MEMORANDUM AND ORDER that defendants' Motion to Dismiss (Filing No. 34) for failure to state a claim and lack of subject-matter jurisdiction is denied in part and granted in part. The BOP Defendants are not dismissed as parties. All ยง 1983 claims against the BOP and NDCS are dismissed with prejudice. Ordered by Judge Robert F. Rossiter, Jr. (JSF) (Entered: 01/16/2018)

Jan. 16, 2018

Jan. 16, 2018

Clearinghouse
54

MOTION to Withdraw Document regarding MOTION to Dismiss and Suggestion of Mootness of Claims of Named Plaintiff Hannah Sabata 49 by Attorney Timothy R. Ertz on behalf of Defendants Harbans Deol, Scott Frakes, Julie Micek, Nebraska Board of Parole, Nebraska Department of Correctional Services.(Ertz, Timothy) (Entered: 01/16/2018)

Jan. 16, 2018

Jan. 16, 2018

PACER
55

TEXT ORDER granting 54 Defendants' Motion to Withdraw. Defendants' Suggestion of Mootness and Motion to Dismiss Claims of Named Plaintiff Hannah Sabata 49 is hereby deemed withdrawn. Per the Court's Text Order 37 dated November 7, 2017, Defendants' answer to Plaintiffs' remaining claims is due January 30, 2018. Ordered by Magistrate Judge Michael D. Nelson. (SMN) (Entered: 01/17/2018)

Jan. 17, 2018

Jan. 17, 2018

PACER
56

MOTION for Extension of Time to File a Responsive Pleading to March 1, 2018, by Attorney David A. Lopez on behalf of Defendants Harbans Deol, Scott Frakes, Julie Micek, Nebraska Board of Parole, Nebraska Department of Correctional Services.(Lopez, David) (Entered: 01/26/2018)

Jan. 26, 2018

Jan. 26, 2018

PACER
57

TEXT ORDER granting 56 Motion for Extension of Time to File a Responsive Pleading (Opposed). In consideration of the length and complexity of the Complaint, good cause exists to grant the defendants a 30-day extension of time to file an answer. Accordingly, Defendants, Harbans Deol, Scott Frakes, Julie Micek, the Nebraska Board of Parole, and the Nebraska Department of Correctional Services shall have an extension of time to March 1, 2018, to file a responsive pleading to the Complaint. Ordered by Magistrate Judge Michael D. Nelson. (SMN) (Entered: 01/26/2018)

Jan. 26, 2018

Jan. 26, 2018

PACER
58

*WITHDRAWN* MOTION to Dismiss and Suggestion of Mootness of Claims of Named Plaintiff R.P. by Attorney Timothy R. Ertz on behalf of Defendants Harbans Deol, Scott Frakes, Julie Micek, Nebraska Board of Parole, Nebraska Department of Correctional Services.(Ertz, Timothy) Modified on 3/9/2018 per text order 70 . (LKO) (Entered: 02/08/2018)

Feb. 8, 2018

Feb. 8, 2018

PACER
59

BRIEF in support of MOTION to Dismiss and Suggestion of Mootness of Claims of Named Plaintiff R.P. 58 by Attorney Timothy R. Ertz on behalf of Defendants Harbans Deol, Scott Frakes, Julie Micek, Nebraska Board of Parole, Nebraska Department of Correctional Services.(Ertz, Timothy) (Entered: 02/08/2018)

Feb. 8, 2018

Feb. 8, 2018

PACER
60

MOTION to Restrict pursuant to the E-Government Act Defendants' Index of Evidence in Support of Motion to Dismiss and Suggestion of Mootness of Claims of Named Plaintiff R.P. by Attorney Timothy R. Ertz on behalf of Defendants Harbans Deol, Scott Frakes, Julie Micek, Nebraska Board of Parole, Nebraska Department of Correctional Services.(Ertz, Timothy) (Entered: 02/08/2018)

Feb. 8, 2018

Feb. 8, 2018

PACER
61

RESTRICTED DOCUMENT regarding MOTION to Dismiss and Suggestion of Mootness of Claims of Named Plaintiff R.P. 58, MOTION to Restrict pursuant to the E-Government Act Defendants' Index of Evidence in Support of Motion to Dismiss and Suggestion of Mootness of Claims of Named Plaintiff R.P. 60 ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE E-GOVERNMENT ACT AND FEDERAL RULE OF CIVIL PROCEDURE 5.2(a). - by Attorney Timothy R. Ertz on behalf of Defendants Harbans Deol, Scott Frakes, Julie Micek, Nebraska Board of Parole, Nebraska Department of Correctional Services. (Attachments: # 1 Declaration of Deanna Schmidt)(Ertz, Timothy) (Entered: 02/08/2018)

Feb. 8, 2018

Feb. 8, 2018

PACER
62

TEXT ORDER granting 60 Motion to Restrict pursuant to the E-Government Act. Access to Defendants' Index of Evidence 61 in support of the Motion to Dismiss and Suggestion of Mootness 58 shall remain restricted to parties of record and court users. Ordered by Magistrate Judge Michael D. Nelson. (SMN) (Entered: 02/09/2018)

Feb. 9, 2018

Feb. 9, 2018

PACER
63

ANSWER to Complaint by Harbans Deol, Scott Frakes, Julie Micek, Nebraska Board of Parole, Nebraska Department of Correctional Services (Lopez, David) (Entered: 03/01/2018)

March 1, 2018

March 1, 2018

RECAP
64

RESPONSE regarding MOTION to Dismiss and Suggestion of Mootness of Claims of Named Plaintiff R.P. 58 Plaintiffs' Opposition to Defendants' Suggestion of Mootness and Motion to Dismiss Claims of Named Plaintiff R.P. by Attorney Ernest Galvan on behalf of Plaintiff R. P..(Galvan, Ernest) (Entered: 03/01/2018)

March 1, 2018

March 1, 2018

PACER
65

MOTION to Restrict pursuant to the E-Government Act Motion for Leave to File Plaintiffs' Index of Evidence Under Restricted Access by Attorney Ernest Galvan on behalf of Plaintiff R. P..(Galvan, Ernest) (Entered: 03/01/2018)

March 1, 2018

March 1, 2018

PACER
66

RESTRICTED DOCUMENT Plaintiffs' Index of Evidence in Opposition to Defendants' Suggestion of Mootness and Motion to Dismiss Claims of Named Plaintiff R.P. regarding MOTION to Restrict pursuant to the E-Government Act Motion for Leave to File Plaintiffs' Index of Evidence Under Restricted Access 65 ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE E-GOVERNMENT ACT AND FEDERAL RULE OF CIVIL PROCEDURE 5.2(a). - by Attorney Ernest Galvan on behalf of Plaintiff R. P.. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5)(Galvan, Ernest) (Entered: 03/01/2018)

March 1, 2018

March 1, 2018

PACER
67

TEXT ORDER granting 65 Motion to Restrict pursuant to the E-Government Act. Access to Plaintiffs' Index of Evidence 66 in Opposition to Defendants' Suggestion of Mootness and Motion to Dismiss Claims of Named Plaintiff 58 shall remain restricted to court users and case participants. Ordered by Magistrate Judge Michael D. Nelson. (SMN) (Entered: 03/02/2018)

March 2, 2018

March 2, 2018

PACER
68

SCHEDULING LETTER - Rule 26 Meeting Report Deadline set for 4/6/2018.Ordered by Magistrate Judge Michael D. Nelson. (LKO) (Entered: 03/05/2018)

March 5, 2018

March 5, 2018

PACER
69

MOTION to Withdraw Document regarding MOTION to Dismiss and Suggestion of Mootness of Claims of Named Plaintiff R.P. 58 by Attorney Timothy R. Ertz on behalf of Defendants Harbans Deol, Scott Frakes, Julie Micek, Nebraska Board of Parole, Nebraska Department of Correctional Services.(Ertz, Timothy) (Entered: 03/08/2018)

March 8, 2018

March 8, 2018

RECAP
70

TEXT ORDER granting 69 Defendants' Motion to Withdraw. Defendants' Motion to Dismiss and Suggestion of Mootness as to Claims of Named Plaintiff R.P. 58 is hereby deemed withdrawn. Ordered by Magistrate Judge Michael D. Nelson. (SMN) (Entered: 03/09/2018)

March 9, 2018

March 9, 2018

PACER
71

REPORT of Rule 26(f) Planning Meeting by Attorney Robert E. McEwen on behalf of Plaintiffs Dylan Cardeilhac, James Curtright, Jason Galle, Richard Griswold, Michael Gunther, Angelic Norris, R. P., Isaac Reeves, Zoe Rena, Hannah Sabata, Brandon Sweetser.(McEwen, Robert) (Entered: 04/06/2018)

April 6, 2018

April 6, 2018

RECAP
72

NOTICE of Appearance by Attorney Danielle L. Jones on behalf of Defendants Harbans Deol, Scott Frakes, Julie Micek, Nebraska Board of Parole, Nebraska Department of Correctional Services (Jones, Danielle) (Entered: 04/09/2018)

April 9, 2018

April 9, 2018

PACER
73

TEXT ORDER - After consultation with counsel for the parties, a Telephone Conference is scheduled for Monday, April 16, 2018, at 2:00 PM CDT before Magistrate Judge Michael D. Nelson. A separate order will be entered with case conference instructions. Ordered by Magistrate Judge Michael D. Nelson.(JLM) (Entered: 04/09/2018)

April 9, 2018

April 9, 2018

PACER
74

CASE CONFERENCE INSTRUCTIONS. ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE E-GOVERNMENT ACT AND FEDERAL RULE OF CIVIL PROCEDURE 5.2(a). Ordered by Magistrate Judge Michael D. Nelson. (LKO) (Entered: 04/09/2018)

April 9, 2018

April 9, 2018

PACER
75

NOTICE of Appearance by Attorney Katherine O'Brien on behalf of Defendants Harbans Deol, Scott Frakes, Julie Micek, Nebraska Board of Parole, Nebraska Department of Correctional Services (O'Brien, Katherine) (Entered: 04/12/2018)

April 12, 2018

April 12, 2018

PACER
76

TEXT MINUTE ENTRY for proceedings held on April 16, 2018, by telephone before Magistrate Judge Michael D. Nelson. Robert E. McEwen, Kenneth M. Smith, Dawn M. Jenkins, Christopher M. Young, David C. Fathi, Rekha Arulanantham, Amy Fettig, and Benjamin Bien-Kahn apeared on behalf of the plaintiffs. David A. Lopez, Timothy R. Ertz, Jessica M. Forch, Katherine O'Brien, and Danielle L. Jones appeared for the defendants. Discussion was held regarding preliminary progression issues raised in the parties' Rule 26(f) Report. Order to be issued in accordance with the discussion held during the conference. (SMN) (Entered: 04/16/2018)

April 16, 2018

April 16, 2018

PACER
77

ORDER SETTING SCHEDULE FOR INITIAL PROGRESSION OF A CIVIL CASE - Status Conference set for 7/20/2018 at 10:00 AM by Telephone before Magistrate Judge Michael D. Nelson. Ordered by Magistrate Judge Michael D. Nelson. (LKO) (Entered: 04/17/2018)

April 17, 2018

April 17, 2018

PACER
78

Certificate of Service of Defendants' First Sets of Written Interrogatories by Attorney Timothy R. Ertz on behalf of Defendants Harbans Deol, Scott Frakes, Julie Micek, Nebraska Board of Parole, Nebraska Department of Correctional Services.(Ertz, Timothy) (Entered: 04/18/2018)

April 18, 2018

April 18, 2018

PACER
79

MOTION Amend or Modify Initial Progression Order 77 by Attorney David A. Lopez on behalf of Defendants Harbans Deol, Scott Frakes, Julie Micek, Nebraska Board of Parole, Nebraska Department of Correctional Services.(Lopez, David) (Entered: 04/23/2018)

April 23, 2018

April 23, 2018

PACER
80

BRIEF in support of MOTION Amend or Modify Initial Progression Order 77 79 by Attorney David A. Lopez on behalf of Defendants Harbans Deol, Scott Frakes, Julie Micek, Nebraska Board of Parole, Nebraska Department of Correctional Services.(Lopez, David) (Entered: 04/23/2018)

April 23, 2018

April 23, 2018

PACER
81

Certificate of Service for Plaintiffs' Second Set of Requests for Production of Documents by Attorney Amy Fettig on behalf of Plaintiffs Dylan Cardeilhac, James Curtright, Jason Galle, Richard Griswold, Michael Gunther, Angelic Norris, R. P., Isaac Reeves, Zoe Rena, Hannah Sabata, Brandon Sweetser.(Fettig, Amy) (Entered: 05/03/2018)

May 3, 2018

May 3, 2018

PACER
82

Certificate of Service for Plaintiffs' First Set of Interrogatories by Attorney Amy Fettig on behalf of Plaintiffs Dylan Cardeilhac, James Curtright, Jason Galle, Richard Griswold, Michael Gunther, Angelic Norris, R. P., Isaac Reeves, Zoe Rena, Hannah Sabata, Brandon Sweetser.(Fettig, Amy) (Entered: 05/07/2018)

May 7, 2018

May 7, 2018

PACER
83

BRIEF in opposition to Motion to Amend Initial Progression Order by Attorney Kenneth M. Smith on behalf of Plaintiffs Dylan Cardeilhac, James Curtright, Jason Galle, Richard Griswold, Michael Gunther, Angelic Norris, R. P., Isaac Reeves, Zoe Rena, Hannah Sabata, Brandon Sweetser.(Smith, Kenneth) (Entered: 05/07/2018)

May 7, 2018

May 7, 2018

PACER
84

Certificate of Service for Plaintiff's Third Set of Requests for Production of Documents by Attorney Amy Fettig. (LKO) (Entered: 05/14/2018)

May 14, 2018

May 14, 2018

PACER
85

REPLY BRIEF in support of MOTION Amend or Modify Initial Progression Order 77 79 by Attorney David A. Lopez on behalf of Defendants Harbans Deol, Scott Frakes, Julie Micek, Nebraska Board of Parole, Nebraska Department of Correctional Services.(Lopez, David) (Entered: 05/14/2018)

May 14, 2018

May 14, 2018

PACER
86

INDEX in support of MOTION Amend or Modify Initial Progression Order 77 79 by Attorney David A. Lopez on behalf of Defendants Harbans Deol, Scott Frakes, Julie Micek, Nebraska Board of Parole, Nebraska Department of Correctional Services. (Attachments: # 1 Lopez Declaration (with exhibit))(Lopez, David) (Entered: 05/14/2018)

1 Lopez Declaration (with exhibit)

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May 14, 2018

May 14, 2018

PACER
87

Certificate of Service for Plaintiffs' Rule 26(a)(1) Initial Disclosures by Attorney Amy Fettig on behalf of Plaintiffs Dylan Cardeilhac, James Curtright, Jason Galle, Richard Griswold, Michael Gunther, Angelic Norris, R. P., Isaac Reeves, Zoe Rena, Hannah Sabata, Brandon Sweetser.(Fettig, Amy) (Entered: 05/15/2018)

May 15, 2018

May 15, 2018

PACER
88

Certificate of Service of the Defendants' Rule 26(a)(1) Initial Disclosures by Attorney David A. Lopez on behalf of Defendants Harbans Deol, Scott Frakes, Julie Micek, Nebraska Board of Parole, Nebraska Department of Correctional Services.(Lopez, David) (Entered: 05/15/2018)

May 15, 2018

May 15, 2018

PACER
89

JOINT MOTION for Protective Order by Attorney David A. Lopez on behalf of Defendants Harbans Deol, Scott Frakes, Julie Micek, Nebraska Board of Parole, Nebraska Department of Correctional Services.(Lopez, David) (Entered: 05/15/2018)

May 15, 2018

May 15, 2018

PACER
90

STIPULATED PROTECTIVE ORDER - Upon review of the parties' Joint Motion (Filing No. 89 ) and proposed Stipulated Protective Order emailed to the undersigned magistrate judge's chambers, IT IS ORDERED that the Joint Motion for Entry of Stipulated Protective Order (Filing No. 89 ) is granted, and the parties' stipulated protective order is entered. Ordered by Magistrate Judge Michael D. Nelson. (LKO) (Entered: 05/16/2018)

May 16, 2018

May 16, 2018

RECAP
91

MOTION for Leave to File a Sur-Reply Brief in Opposition to Defendants Motion to Amend Initial Progression Order by Attorney Kenneth M. Smith on behalf of Plaintiffs Dylan Cardeilhac, James Curtright, Jason Galle, Richard Griswold, Michael Gunther, Angelic Norris, R. P., Isaac Reeves, Zoe Rena, Hannah Sabata, Brandon Sweetser.(Smith, Kenneth) (Entered: 05/16/2018)

May 16, 2018

May 16, 2018

PACER
92

INDEX in support of MOTION for Leave to File a Sur-Reply Brief in Opposition to Defendants Motion to Amend Initial Progression Order 91 by Attorney Kenneth M. Smith on behalf of Plaintiffs Dylan Cardeilhac, James Curtright, Jason Galle, Richard Griswold, Michael Gunther, Angelic Norris, R. P., Isaac Reeves, Zoe Rena, Hannah Sabata, Brandon Sweetser. (Attachments: # 1 Submission From Sender Proposed Sur-Reply Brief, # 2 Submission From Sender A. Scheduling Order in Powers, # 3 Submission From Sender B. 26(f) Report in Powers, # 4 Submission From Sender C. Scheduling Order in Gebhardt, # 5 Submission From Sender D. 26(f) Report in Gebhardt)(Smith, Kenneth) (Entered: 05/16/2018)

1 Submission From Sender Proposed Sur-Reply Brief

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2 Submission From Sender A. Scheduling Order in Powers

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3 Submission From Sender B. 26(f) Report in Powers

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4 Submission From Sender C. Scheduling Order in Gebhardt

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5 Submission From Sender D. 26(f) Report in Gebhardt

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May 16, 2018

May 16, 2018

PACER
93

TEXT ORDER granting 91 Motion for Leave to File a Sur-Reply Brief. The Court will consider Plaintiffs' sur-reply brief instanter. Ordered by Magistrate Judge Michael D. Nelson. (SMN) (Entered: 05/17/2018)

May 17, 2018

May 17, 2018

PACER
94

Certificate of Service of the Defendants' Responses to the Plaintiffs First Set of Requests for Production of Documents by Attorney David A. Lopez on behalf of Defendants Harbans Deol, Scott Frakes, Julie Micek, Nebraska Board of Parole, Nebraska Department of Correctional Services.(Lopez, David) (Entered: 05/17/2018)

May 17, 2018

May 17, 2018

PACER
95

ORDER - that Defendants' Motion to Amend Initial Progression Order (Filing No. 79 ) is granted, in part, and in part denied, as set forth above, and the Initial Progression Order (Filing No. 77 ) is amended as follows: Motions for Class Certification. a. Any motion to certify this case as a class action shall be filed by December 17, 2018, in the absence of which any claim in the pleadings that this is a class action shall be deemed abandoned, and the case shall proceed, for purposes of Fed. R. Civ. P. 23, as if a motion for class certification had been filed and denied by the Court. b. Defendants shall file their response to Plaintiffs' class certification motion by January 28, 2019. c. Plaintiffs may file a reply by February 25, 2019. The parties shall meet and confer as soon as practicable regarding the scope of ESI discovery, and submit any stipulation to the Court for its approval. In the event the parties cannot reach an agreement, they may contact the undersigned's chambers to request the assistance of the Court to resolve outstanding disputes. Each party is limited to serving one-hundred (100) interrogatories on any other party. The plaintiffs as a group, and the defendants as a group, are each limited to taking thirty (30) depositions. Ordered by Magistrate Judge Michael D. Nelson. (LKO) (Entered: 05/21/2018)

May 21, 2018

May 21, 2018

PACER
96

Certificate of Service for Plaintiffs' Fourth Set of Requests for Production of Documents by Attorney Amy Fettig on behalf of Plaintiffs Dylan Cardeilhac, James Curtright, Jason Galle, Richard Griswold, Michael Gunther, Angelic Norris, R. P., Isaac Reeves, Zoe Rena, Hannah Sabata, Brandon Sweetser.(Fettig, Amy) (Entered: 05/22/2018)

May 22, 2018

May 22, 2018

PACER
97

MOTION for Reconsideration regarding Order on Motion for Miscellaneous Relief,,,,, 95 by Attorney Katherine O'Brien on behalf of Defendants Harbans Deol, Scott Frakes, Julie Micek, Nebraska Board of Parole, Nebraska Department of Correctional Services.(O'Brien, Katherine) (Entered: 05/22/2018)

May 22, 2018

May 22, 2018

PACER
98

BRIEF in support of MOTION for Reconsideration regarding Order on Motion for Miscellaneous Relief,,,,, 95 97 by Attorney Katherine O'Brien on behalf of Defendants Harbans Deol, Scott Frakes, Julie Micek, Nebraska Board of Parole, Nebraska Department of Correctional Services.(O'Brien, Katherine) (Entered: 05/22/2018)

May 22, 2018

May 22, 2018

PACER

Case Details

State / Territory: Nebraska

Case Type(s):

Prison Conditions

Special Collection(s):

Solitary confinement

COVID-19 (novel coronavirus)

Deaf or Blind in Jail/Prison

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 15, 2017

Closing Date: Dec. 1, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Eleven Nebraska state prisoners who alleged that they were deprived of adequate health care (including medical, dental and mental care) and denied accommodations for their disabilities.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

ACLU National Prison Project

Appleseed

Rosen, Bien, Galvan & Grunfeld

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Nebraska Board of Parole (BOP), State

Nebraska Department of Correctional Services (NDCS), 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.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Administrative segregation

Assault/abuse by staff

Classification / placement

Conditions of confinement

Counseling

Disciplinary procedures

Disciplinary segregation

Failure to discipline

Failure to supervise

Failure to train

Grievance Procedures

Restraints : physical

Solitary confinement/Supermax (conditions or process)

Staff (number, training, qualifications, wages)

Suicide prevention

Torture

Totality of conditions

Crowding:

Crowding / caseload

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Hearing impairment

Mental impairment

Mobility impairment

Visual impairment

Medical/Mental Health:

HIV/AIDS

Intellectual disability/mental illness dual diagnosis

Medical care, general

Medical care, unspecified

Mental health care, general

Self-injurious behaviors

Suicide prevention

Untreated pain

COVID-19:

Mitigation Denied

Mitigation Requested

Release Denied

Release Requested

Type of Facility:

Government-run