Case: Doe v. Shenandoah Valley Juvenile Center Commission

5:17-cv-00097 | U.S. District Court for the Western District of Virginia

Filed Date: Oct. 4, 2017

Case Ongoing

Clearinghouse coding complete

Case Summary

On October 4, 2017, a teenage unaccompanied minor in immigration detention (“Doe 1”) filed this class-action lawsuit in the U.S. District Court for the Western District of Virginia under 42 U.S.C. § 1983, challenging the conditions of his confinement. Represented by the Washington Lawyers’ Committee for Civil Rights and Urban Affairs and by private counsel, he sued the Shenandoah Valley Juvenile Center Commission. The Commission operated the Shenandoah Valley Juvenile Center, where he was detai…

On October 4, 2017, a teenage unaccompanied minor in immigration detention (“Doe 1”) filed this class-action lawsuit in the U.S. District Court for the Western District of Virginia under 42 U.S.C. § 1983, challenging the conditions of his confinement. Represented by the Washington Lawyers’ Committee for Civil Rights and Urban Affairs and by private counsel, he sued the Shenandoah Valley Juvenile Center Commission. The Commission operated the Shenandoah Valley Juvenile Center, where he was detained in “brutal and inhumane conditions” which “shocked the conscience.” The plaintiff had fled to the United States to seek asylum after experiencing domestic abuse and other violence in Mexico. He claimed that his prolonged detention at various U.S. facilities had exacerbated his trauma, leading to self-harm involving cutting his wrists and banging his head against the wall and floor. Shenandoah Valley staff had responded with “callous indifference.”

Doe 1 claimed that he and other Mexican and Central American unaccompanied immigrant minors at the facility were subject to violence by staff; abusive and excessive use of seclusion and restraints; and denial of adequate mental health care in spite of their suicidality. He sought class certification for all similarly-situated minors who were or would be detained at the same facility. He claimed that facility staff treated the Latino immigrant detainees (who were held for civil immigration offenses) more harshly than white criminal detainees. He alleged that the staff’s deliberate indifference, as well as discrimination based on race and national origin, violated the Fifth and Fourteenth Amendments. He sought injunctive relief and a declaration that Shenandoah Valley’s practices were unconstitutional.

The case was assigned to Judge Elizabeth K. Dillon. In an amended complaint dated January 31, 2018, Doe 1 stated that in December, he had been transferred to another facility in Virginia, but remained in the custody of the Office of Refugee Resettlement and could be transferred back to Shendandoah Valley at any time. His amended complaint also added two additional plaintiffs detained at Shenandoah Valley (“Doe 2” and “Doe 3”).

The plaintiffs moved for a preliminary injunction on February 28, 2018, asking the Court to enjoin Shenandoah Valley from imposing excessive or injurious discipline on them, either by physical force or by denial of adequate mental health treatment. They asserted that their behavioral issues in detention were provoked (by abusive treatment from staff), or were manifestations of untreated mental health problems.

On June 27, 2018, the court certified the following class:: “Latino unaccompanied alien children (UACs) who are currently detained or will be detained in the future at Shenandoah Valley Juvenile Center who either: (i) have been, are, or will be subject to the disciplinary policies and practices used by [Shenandoah Valley] staff; or (ii) have needed, currently need, or will in the future need care and treatment for mental health problems while detained at [Shenandoah Valley].”

The plaintiffs filed a second amended complaint on July 11, 2018, adding a fourth plaintiff (“Doe 4”). In August 2018, the plaintiffs, without explanation, withdrew their motion for preliminary injunction. On October 4, 2017, the court granted the plaintiffs’ motion to appoint Doe 4 class representative in place of Doe 1, who no longer wished to proceed with this case (for reasons not stated in court filings). Doe 2 and Doe 3, who had been deported to their countries of origin, were dismissed as plaintiffs.

On December 13, 2018, the court granted partial summary judgment to Shenandoah Valley: while allowing the excessive force claim, the excessive confinement claim, and the excessive use of isolation claim, the court ruled in favor of the facility on the inadequate medical care claim. 355 F. Supp. 3d 454. The court noted that while the plaintiffs wanted the facility to implement a best practice approach regarding mental health care, the constitutional standard was lower. It found that the facility had satisfied the constitutional requirements: it had provided bilingual case managers and mental health clinicians to each detainee, had arranged for Doe 4 to meet with a clinician once a week, and had made reasonable attempts to have him transferred to a residential facility to treat his post-traumatic stress disorder.

Following the summary judgment ruling, the plaintiffs and the defendant came to an agreement: the plaintiffs would try to find a “Doe 5” plaintiff that could represent the class on the inadequate medical care claim. If they found such a plaintiff, the litigation would continue; if they couldn’t find a suitable class representative, they would dismiss their remaining claims, but would retain their right to appeal the summary judgment ruling as to Doe 4.

On March 19, 2019, having found no suitable class representative, the plaintiffs moved to dismiss their remaining claims. After a fairness hearing on July 16, the court granted the motion to dismiss on July 23, 2019. This order dismissed the plaintiffs’ claims “alleging Defendant’s use of excessive force, excessive imposition of restraints and excessive use of solitary confinement,” and entered judgment for the defendant with respect to the plaintiffs’ “claims alleging Defendant’s failure to provide the Plaintiff Class with constitutionally-adequate mental health treatment.” As previously agreed with the defendant, the plaintiffs appealed this ruling on August 21, 2019 (Fourth Circuit Docket Number 19-1910). As of July 28, 2020, that appeal is pending.

Summary Authors

Ava Morgenstern (5/5/2018)

Virginia Weeks (8/26/2018)

Veronica Portillo Heap (2/25/2019)

Bogyung Lim (7/28/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/6163636/parties/doe-4-v-shenandoah-valley-juvenile-center-commission/


Judge(s)

Dillon, Elizabeth Kay (Virginia)

Hoppe, Joel C. (Virginia)

Attorneys(s) for Plaintiff

Dinan, Christine Tschiderer (New York)

Eggert, Benjamin Cairns (District of Columbia)

Frazee, James Ryan (District of Columbia)

Howard, Theodore Augustus (District of Columbia)

Johnson, Harold E. (Virginia)

Lieberman, Hannah E. M. (District of Columbia)

Missova, Mirela (District of Columbia)

Tobias, Bradley C. (District of Columbia)

Judge(s)

Dillon, Elizabeth Kay (Virginia)

Hoppe, Joel C. (Virginia)

Attorneys(s) for Plaintiff

Dinan, Christine Tschiderer (New York)

Eggert, Benjamin Cairns (District of Columbia)

Frazee, James Ryan (District of Columbia)

Howard, Theodore Augustus (District of Columbia)

Johnson, Harold E. (Virginia)

Lieberman, Hannah E. M. (District of Columbia)

Missova, Mirela (District of Columbia)

Tobias, Bradley C. (District of Columbia)

Yang, Tiffany S. (District of Columbia)

Attorneys(s) for Defendant

Botkins, Jason (Virginia)

Haynes, Meredith M. (Virginia)

Michelsen, Melisa G. (Virginia)

Documents in the Clearinghouse

Document

5:17-cv-00097

Docket [PACER]

Doe 4 v. Shenandoah Valley Juvenile Center Commission

Oct. 28, 2019

Oct. 28, 2019

Docket
1

5:17-cv-00097

Class Action Complaint

Oct. 4, 2017

Oct. 4, 2017

Complaint
17

5:17-cv-00097

First Amended Class Action Complaint

Jan. 31, 2018

Jan. 31, 2018

Complaint
34

5:17-cv-00097

Memorandum of Law in Support of Plaintiffs' Motion for Preliminary Injunction

Feb. 28, 2018

Feb. 28, 2018

Pleading / Motion / Brief
50

5:17-cv-00097

Reply Memorandum of Law in Support of Plaintiffs' Motion for Preliminary Injunction

April 4, 2018

April 4, 2018

Pleading / Motion / Brief
63

5:17-cv-00097

Order Certifying Class

June 27, 2018

June 27, 2018

Order/Opinion
68

5:17-cv-00097

Second Amended Class Action Complaint

July 11, 2018

July 11, 2018

Complaint
173

5:17-cv-00097

Memorandum Opinion

Dec. 13, 2018

Dec. 13, 2018

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6163636/doe-4-v-shenandoah-valley-juvenile-center-commission/

Last updated Aug. 28, 2022, 3:22 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Shenandoah Valley Juvenile Center Commission (Filing & Administrative fee $ 400.00, Receipt No 0423-2761226), filed by John Doe. (Attachments: # 1 Civil Cover Sheet)(jat)

1 Civil Cover Sheet

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Oct. 4, 2017

Oct. 4, 2017

RECAP
2

MOTION to Proceed by Fictitious Name re 1 Complaint by John Doe. (jat)

Oct. 4, 2017

Oct. 4, 2017

PACER
3

Brief in Support re 2 MOTION to Proceed by Fictitious Name re 1 Complaint filed by John Doe. (jat)

Oct. 4, 2017

Oct. 4, 2017

RECAP
4

Summons Issued as to Shenandoah Valley Juvenile Center Commission.(jat)

Oct. 5, 2017

Oct. 5, 2017

PACER
5

SUMMONS Returned Executed by John Doe. Shenandoah Valley Juvenile Center Commission served on 10/16/2017, answer due 11/6/2017.(kld) (Entered: 10/19/2017)

Oct. 18, 2017

Oct. 18, 2017

PACER
6

NOTICE of Appearance by Jason Botkins on behalf of Shenandoah Valley Juvenile Center Commission (Botkins, Jason)

Nov. 3, 2017

Nov. 3, 2017

PACER
7

Negative Corporate Disclosure Statement by Shenandoah Valley Juvenile Center Commission (Botkins, Jason)

Nov. 3, 2017

Nov. 3, 2017

PACER
8

ANSWER to 1 Complaint by Shenandoah Valley Juvenile Center Commission.(Botkins, Jason)

Nov. 3, 2017

Nov. 3, 2017

RECAP
9

Magistrate Consent Notice to Parties. (jat)

Nov. 3, 2017

Nov. 3, 2017

PACER
10

Scheduling Letter to parties. (jat)

Nov. 3, 2017

Nov. 3, 2017

PACER
11

NOTICE of Hearing: (N) (No Interpreter requested) Rule 16 Status Conference set for December 4, 2017 at 10:00 AM by telephone conference call before District Judge Elizabeth K. Dillon. (Chambers will send the dial-in instructions to the parties.)(mf)

Nov. 7, 2017

Nov. 7, 2017

PACER
12

ORDER granting 2 Motion to Proceed by Fictitious Name. Signed by District Judge Elizabeth K. Dillon on 11/9/2017. (jat)

Nov. 9, 2017

Nov. 9, 2017

PACER
13

Minute Entry for proceedings held before District Judge Elizabeth K. Dillon and Magistrate Judge Joel C. Hoppe: Scheduling Conference Call held in chambers on 12/4/2017. (kld)

Dec. 4, 2017

Dec. 4, 2017

PACER
14

NOTICE of Hearing: (N) (No Interpreter requested) Status Conference set for January 9, 2018 at 10:00 AM by telephone conference call before District Judge Elizabeth K. Dillon. (Chambers will send the dial-in instructions to the parties by email.) (mf)

Dec. 14, 2017

Dec. 14, 2017

PACER
15

Consent MOTION for Hannah E. Lieberman to Appear Pro Hac Vice. by John Doe. (Attachments: # 1 Exhibit 1, # 2 Text of Proposed Order)(Dinan, Christine)

1 Exhibit 1

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2 Text of Proposed Order

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Jan. 8, 2018

Jan. 8, 2018

PACER
16

In Chambers Minute Order for Proceedings held before District Judge Elizabeth K. Dillon: Status Conference held by conference call on 1/9/2018. ORAL ORDER granting plaintiff leave to amend the complaint, to be filed by COB 1/31/18. Proposed scheduling order to be filed with the Court once parties have conferred. (bw)

Jan. 9, 2018

Jan. 9, 2018

PACER
17

ORDER granting 15 MOTION for Hannah E. Lieberman to Appear Pro Hac Vice. Attorney Hannah E.M. Lieberman for John Doe added. Signed by District Judge Elizabeth K. Dillon on 1/9/2018. (jv) (Entered: 01/10/2018)

Jan. 9, 2018

Jan. 9, 2018

PACER
18

NOTICE of Hearing: (CR) (No Interpreter requested) Jury Trial set for December 3-7, 2018 at 9:30 AM in Harrisonburg before District Judge Elizabeth K. Dillon. Counsel must contact the Clerk's Office no later than five (5) business days before the scheduled trial date for your technology needs. (mf)

Jan. 18, 2018

Jan. 18, 2018

PACER
19

SCHEDULING ORDER:( Jury Trial set for 12/3/2018-12/7/2018 09:30 AM in Harrisonburg before District Judge Elizabeth K. Dillon. Counsel must contact the Clerk's Office no later than five (5) business days before the scheduled trial date for your technology needs.), Order Referring Case to Magistrate Judge Joel C. Hoppe. Signed by District Judge Elizabeth K. Dillon on 1/19/2018. (jv)

Jan. 22, 2018

Jan. 22, 2018

PACER
20

Consent MOTION for Theodore A. Howard to Appear Pro Hac Vice. by John Doe.Motions referred to Judge Joel C. Hoppe. (Attachments: # 1 Exhibit 1, # 2 Text of Proposed Order)(Dinan, Christine)

1 Exhibit 1

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2 Text of Proposed Order

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Jan. 23, 2018

Jan. 23, 2018

PACER
21

Oral ORDER granting 20 MOTION for Theodore A. Howard to Appear Pro Hac Vice in this case. Entered by Magistrate Judge Joel C. Hoppe on 1/24/18. (JCH)

Jan. 24, 2018

Jan. 24, 2018

PACER
22

AMENDED COMPLAINT against Shenandoah Valley Juvenile Center Commission, filed by John Doe, John Doe 2, John Doe 3.(Dinan, Christine)

Jan. 31, 2018

Jan. 31, 2018

PACER
23

Consent MOTION to Proceed by Fictitious Name by John Doe 2, John Doe 3.Motions referred to Judge Joel C. Hoppe. (Attachments: # 1 Brief in Support of Plaintiffs' Unopposed Motion to Proceed by Fictitious Name, # 2 Text of Proposed Order)(Dinan, Christine)

1 Brief in Support of Plaintiffs' Unopposed Motion to Proceed by Fictitious

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2 Text of Proposed Order

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Jan. 31, 2018

Jan. 31, 2018

PACER
24

ORDER granting 23 Motion to Proceed by Fictitious Names. Signed by Magistrate Judge Joel C. Hoppe on 2/2/18. (kld)

Feb. 2, 2018

Feb. 2, 2018

PACER
25

NOTICE of Appearance by Bradley Clark Tobias on behalf of All Plaintiffs (Tobias, Bradley)

Feb. 2, 2018

Feb. 2, 2018

PACER
26

ANSWER to 22 Amended Complaint by Shenandoah Valley Juvenile Center Commission.(Botkins, Jason)

Feb. 14, 2018

Feb. 14, 2018

RECAP
27

MOTION for Protective Order by John Doe, John Doe 2, John Doe 3.Motions referred to Judge Joel C. Hoppe. (Attachments: # 1 Memorandum of Law in Support of Plaintiffs' Motion for Protective Order, # 2 Exhibit 1)(Dinan, Christine)

1 Memorandum of Law in Support of Plaintiffs' Motion for Protective Order

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2 Exhibit 1

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Feb. 20, 2018

Feb. 20, 2018

PACER
28

Consent MOTION to Seal Declarations by John Doe, John Doe 2, John Doe 3.Motions referred to Judge Joel C. Hoppe. (Attachments: # 1 Text of Proposed Order)(Dinan, Christine)

1 Text of Proposed Order

View on PACER

Feb. 23, 2018

Feb. 23, 2018

PACER
29

Brief / Memorandum in Support re 28 Consent MOTION to Seal Declarations . filed by John Doe, John Doe 2, John Doe 3. (Dinan, Christine)

Feb. 23, 2018

Feb. 23, 2018

RECAP
30

ORDER granting 28 Motion to File Declarations Under Seal. Signed by Magistrate Judge Joel C. Hoppe on 2/26/18. (kld)

Feb. 26, 2018

Feb. 26, 2018

PACER
31

Consent MOTION for Leave to File Excess Pages by John Doe, John Doe 2, John Doe 3.Motions referred to Judge Joel C. Hoppe. (Attachments: # 1 Text of Proposed Order)(Dinan, Christine)

1 Text of Proposed Order

View on PACER

Feb. 27, 2018

Feb. 27, 2018

PACER
32

ORDER granting 31 Motion for Leave to File Excess Pages. Signed by Magistrate Judge Joel C. Hoppe on 2/28/18. (kld)

Feb. 28, 2018

Feb. 28, 2018

PACER
33

WITHDRAWN ON 8/22/2018 PURSUANT TO DOCUMENT #82. MOTION for Preliminary Injunction by John Doe, John Doe 2, John Doe 3.(Attachments: # 1 Text of Proposed Order)(Tobias, Bradley) Modified to remove mag. judge referral on 3/1/2018 (jv). Modified on 8/22/2018 doc withdrawn (jv).

1 Text of Proposed Order

View on PACER

Feb. 28, 2018

Feb. 28, 2018

PACER
34

Brief / Memorandum in Support re 33 MOTION for Preliminary Injunction . filed by John Doe, John Doe 2, John Doe 3. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(Tobias, Bradley) (Additional attachment(s) added on 3/6/2018: # 9 Exhibit 1-unredacted declaration, # 10 Exhibit unredacted declaration, # 11 Exhibit unredacted declaration, # 12 Exhibit unredacted declaration, # 13 Exhibit unredacted declaration, # 14 Exhibit unredacted declaration) (kld).

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

View on RECAP

8 Exhibit 8

View on RECAP

Feb. 28, 2018

Feb. 28, 2018

PACER
35

RESPONSE in Opposition re 27 MOTION for Protective Order . filed by Shenandoah Valley Juvenile Center Commission. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Botkins, Jason)

1 Exhibit

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2 Exhibit

View on PACER

3 Exhibit

View on PACER

4 Exhibit

View on PACER

March 6, 2018

March 6, 2018

PACER
36

Consent MOTION for Protective Order by John Doe.Motions referred to Judge Joel C. Hoppe. (Tobias, Bradley)

March 9, 2018

March 9, 2018

PACER
37

MOTION for Leave to File Excess Pages by Shenandoah Valley Juvenile Center Commission.Motions referred to Judge Joel C. Hoppe. (Attachments: # 1 Text of Proposed Order)(Botkins, Jason)

1 Text of Proposed Order

View on PACER

March 9, 2018

March 9, 2018

PACER
38

MOTION to Seal Document by Shenandoah Valley Juvenile Center Commission.Motions referred to Judge Joel C. Hoppe. (Attachments: # 1 Text of Proposed Order)(Botkins, Jason)

1 Text of Proposed Order

View on PACER

March 9, 2018

March 9, 2018

PACER
39

Brief / Memorandum in Support re 38 MOTION to Seal Document . filed by Shenandoah Valley Juvenile Center Commission. (Botkins, Jason)

March 9, 2018

March 9, 2018

PACER
40

ORDER granting 37 Motion for Leave to File Excess Pages. Brief may not exceed 40 pages. Signed by Magistrate Judge Joel C. Hoppe on 3/9/18. (kld)

March 9, 2018

March 9, 2018

PACER
41

ORDER granting 36 Consent Motion for Agreed-Upon Protective Order. Signed by Magistrate Judge Joel C. Hoppe on 3/9/18. (kld)

March 9, 2018

March 9, 2018

PACER
42

Oral ORDER finding as moot 27 Motion for Protective Order. Entered by Magistrate Judge Joel C. Hoppe on 3/9/18. (JCH)

March 9, 2018

March 9, 2018

PACER
43

ORDER granting 38 Motion to File Exhibits Under Seal. Signed by Magistrate Judge Joel C. Hoppe on 3/12/18. (kld)

March 12, 2018

March 12, 2018

PACER
44

Rule 26(f) Agreed Written Plan by Plaintiffs John Doe, John Doe 2, John Doe 3 (Dinan, Christine)

March 19, 2018

March 19, 2018

PACER
45

Brief / Memorandum in Opposition re 33 MOTION for Preliminary Injunction . filed by Shenandoah Valley Juvenile Center Commission. (Attachments: # 1 Affidavit Kelsey Wong, # 2 Affidavit Elsa Gallardo, # 3 Affidavit Emily Twigg, # 4 Affidavit Elizabeth Ropp, # 5 Affidavit Carina Contreras)(Botkins, Jason) (Additional attachment(s) added on 3/22/2018: # 6 Exhibit Unredacted Wong Affidavit, # 7 Exhibit B Unredacted Gallardo Affidavit, # 8 Exhibit C Unredacted Twigg Affidavit, # 9 Exhibit D Unredacted Ropp Affidavit, # 10 Exhibit E Unredacted Contreras Affidavit) (kld). Sealed attachments added as per order at doc #43.

1 Affidavit Kelsey Wong

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2 Affidavit Elsa Gallardo

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3 Affidavit Emily Twigg

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4 Affidavit Elizabeth Ropp

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5 Affidavit Carina Contreras

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March 21, 2018

March 21, 2018

PACER
46

Consent MOTION for Extension of Time to File Response/Reply in Support of Plaintiffs' Motion for Preliminary Injunction by John Doe, John Doe 2, John Doe 3.Motions referred to Judge Joel C. Hoppe. (Attachments: # 1 Text of Proposed Order)(Dinan, Christine)

1 Text of Proposed Order

View on PACER

March 26, 2018

March 26, 2018

PACER
47

ORDER granting 46 Motion for Extension of Time to File Response/Reply. Replies due by 4/2/2018. Signed by Magistrate Judge Joel C. Hoppe on 3/27/18. (kld)

March 27, 2018

March 27, 2018

PACER
48

Second MOTION for Extension of Time to File Response/Reply and Leave to File a Brief Exceeding 25 Pages by John Doe, John Doe 2, John Doe 3.Motions referred to Judge Joel C. Hoppe. (Attachments: # 1 Text of Proposed Order)(Dinan, Christine)

1 Text of Proposed Order

View on PACER

April 2, 2018

April 2, 2018

PACER
49

ORDER granting 48 Motion for Extension of Time to File Response/Reply and to exceed page limit. Plaintiff's reply due by 4/4/2018. Signed by Magistrate Judge Joel C. Hoppe on 4/2/18. (kld)

April 2, 2018

April 2, 2018

PACER
50

REPLY to Response to Motion re 33 MOTION for Preliminary Injunction . filed by John Doe, John Doe 2, John Doe 3. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Dinan, Christine)

1 Exhibit 1

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2 Exhibit 2

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April 4, 2018

April 4, 2018

PACER
51

Consent MOTION for Extension of Time to File Motion for Class Certification by John Doe.Motions referred to Judge Joel C. Hoppe. (Howard, Theodore)

April 20, 2018

April 20, 2018

PACER
52

ORDER granting 51 Motion for Extension of Time to File Document. Signed by Magistrate Judge Joel C. Hoppe on 4/20/18. (kld)

April 20, 2018

April 20, 2018

PACER
53

Consent MOTION to Certify Class by John Doe. (Howard, Theodore)

May 4, 2018

May 4, 2018

RECAP
54

NOTICE by John Doe, John Doe 2, John Doe 3 of Withdrawal of Appearance of Co-Counsel of Record (Dinan, Christine)

May 18, 2018

May 18, 2018

PACER
55

MOTION for Protective Order by Shenandoah Valley Juvenile Center Commission.Motions referred to Judge Joel C. Hoppe. (Attachments: # 1 Text of Proposed Order 1)(Botkins, Jason)

1 Text of Proposed Order 1

View on PACER

May 21, 2018

May 21, 2018

PACER
56

Brief / Memorandum in Support re 55 MOTION for Protective Order . filed by Shenandoah Valley Juvenile Center Commission. (Botkins, Jason)

May 21, 2018

May 21, 2018

RECAP
57

ORDER granting 55 Motion for Protective Order. Signed by Magistrate Judge Joel C. Hoppe on 5/21/2018. (jv)

May 21, 2018

May 21, 2018

PACER
58

NOTICE of Hearing on Motion 33 MOTION for Preliminary Injunction : (CR) (No Interpreter requested) Motion Hearing set for September 10-12, 2018 at 9:00 AM in Harrisonburg before District Judge Elizabeth K. Dillon. (mf)

May 25, 2018

May 25, 2018

PACER
59

NOTICE of Hearing: (N) (No Interpreter requested) Status Conference set for July 3, 2018 at 9:00 AM by telephone conference call before District Judge Elizabeth K. Dillon. (Chambers will send the dial-in instructions to the parties.)(mf)

June 14, 2018

June 14, 2018

PACER
60

Notice Regarding Status Conference (by telephone conference call) (CR) (No Interpreter requested) set for July 3, 2018 at 9:00 a.m. before Judge Dillon --- edited to add Court Reporter. (Parties have received the dial-in instructions). (mf)

June 22, 2018

June 22, 2018

PACER
61

Consent MOTION for Tiffany S. Yang to Appear Pro Hac Vice. by John Doe, John Doe 2, John Doe 3.Motions referred to Judge Joel C. Hoppe. (Attachments: # 1 Exhibit 1, Cert. of Good Standing, # 2 Text of Proposed Order)(Tobias, Bradley)

1 Exhibit 1, Cert. of Good Standing

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2 Text of Proposed Order

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June 26, 2018

June 26, 2018

PACER
62

ORDER granting 61 MOTION for Tiffany S. Yang to Appear Pro Hac Vice. Attorney Tiffany S. Yang for John Doe, John Doe 2, John Doe 3 added.. Signed by District Judge Elizabeth K. Dillon on 6/26/2018. (jv)

June 26, 2018

June 26, 2018

PACER
63

ORDER granting 53 Motion to Certify Class. Signed by District Judge Elizabeth K. Dillon on 6/27/2018. (jv)

June 27, 2018

June 27, 2018

RECAP
64

In Chambers Minute Entry for proceedings held before District Judge Elizabeth K. Dillon: Status Conference held by conference call on 7/3/2018. (Court Reporter: J. Webb) (bw)

July 3, 2018

July 3, 2018

PACER
66

MOTION for Leave to File Second Amended Complaint by John Doe.Motions referred to Judge Joel C. Hoppe. (Attachments: # 1 Exhibit Second Amended Complaint, # 2 Exhibit Proposed Order)(Tobias, Bradley)

1 Exhibit Second Amended Complaint

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2 Exhibit Proposed Order

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July 9, 2018

July 9, 2018

PACER
67

ORAL ORDER granting 66 Motion for Leave to File Second Amended Complaint. Plaintiff is to file the Second Amended Complaint as a separate docket entry in this case within 5 days of this oral order. Entered by District Judge Elizabeth K. Dillon on 7/11/2018. (mf)

July 11, 2018

July 11, 2018

PACER
68

AMENDED COMPLAINT, Second Amended Class Action Complaint against John Doe 4, filed by John Doe 4.(Tobias, Bradley)

July 11, 2018

July 11, 2018

RECAP
69

ANSWER to 68 Amended Complaint by Shenandoah Valley Juvenile Center Commission.(Botkins, Jason)

July 25, 2018

July 25, 2018

RECAP
70

Consent MOTION to Substitute Party as Class Representative by John Doe 4.Motions referred to Judge Joel C. Hoppe. (Howard, Theodore)

July 27, 2018

July 27, 2018

PACER
71

Memorandum of Law in Support re 70 MOTION to Substitute Party as Class Representative by John Doe 4.Motions referred to Judge Joel C. Hoppe. (Howard, Theodore) Modified on 7/30/2018, to update docket text (bw).

July 27, 2018

July 27, 2018

PACER
72

ORDER granting 70 Motion to Substitute Party. Signed by Magistrate Judge Joel C. Hoppe on 8/8/18. (kld)

Aug. 8, 2018

Aug. 8, 2018

PACER
73

MOTION to Amend/Correct Scheduling Order by John Doe 4. Motion no longer referred to Judge Joel C. Hoppe. (Howard, Theodore) Modified on 8/17/2018 to remove referral (jv).

Aug. 14, 2018

Aug. 14, 2018

RECAP
74

NOTICE of Hearing: (N) (No Interpreter requested) Status Conference set for August 21, 2018 at 2:00 PM by telephone conference call before District Judge Elizabeth K. Dillon. (Chambers will send the dial-in instructions to the parties.)(mf)

Aug. 17, 2018

Aug. 17, 2018

PACER
75

NOTICE of Appearance by Harold Edward Johnson on behalf of Shenandoah Valley Juvenile Center Commission (Johnson, Harold)

Aug. 21, 2018

Aug. 21, 2018

PACER
76

NOTICE of Appearance by Meredith M. Brebner on behalf of Shenandoah Valley Juvenile Center Commission (Brebner, Meredith)

Aug. 21, 2018

Aug. 21, 2018

PACER
77

Consent MOTION for Mirela Missova to Appear Pro Hac Vice. by John Doe 4.Motions referred to Judge Joel C. Hoppe. (Attachments: # 1 Exhibit Cert. of Good Standing, # 2 Text of Proposed Order)(Tobias, Bradley)

1 Exhibit Cert. of Good Standing

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2 Text of Proposed Order

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Aug. 21, 2018

Aug. 21, 2018

PACER
78

Oral ORDER granting 77 MOTION for Mirela Missova to Appear Pro Hac Vice in this case. Entered by Magistrate Judge Joel C. Hoppe on 8/21/18. (JCH)

Aug. 21, 2018

Aug. 21, 2018

PACER
79

In Chambers Minute Entry for proceedings held before District Judge Elizabeth K. Dillon: Status Conference held by conference call on 8/21/2018. (bw)

Aug. 21, 2018

Aug. 21, 2018

PACER
80

ORAL ORDER granting 73 Motion to Amend/Correct. An amended scheduling order will be entered by the court. Entered by District Judge Elizabeth K. Dillon on August 22, 2018. (mf)

Aug. 22, 2018

Aug. 22, 2018

PACER
81

AMENDED SCHEDULING ORDER:( Bench Trial set for 12/17/2018 - 12/21/2018 09:30 AM in Harrisonburg before District Judge Elizabeth K. Dillon. Counsel must contact the Clerk's Office no later than five (5) business days before the scheduled trial date for your technology needs.). Signed by District Judge Elizabeth K. Dillon on 8/22/2018. (jv) Modified on 8/22/2018 to add bench trial date(jv).

Aug. 22, 2018

Aug. 22, 2018

PACER
82

ORAL ORDER withdrawing 33 Motion for Preliminary Injunction at the parties' request. Entered by District Judge Elizabeth K. Dillon on 8/22/2018. (mf)

Aug. 22, 2018

Aug. 22, 2018

PACER
83

Notice of Cancellation of September 10-12, 2018 Preliminary Injunction Hearing (No Interpreter requested) (Cancel Court Reporter) (mf)

Aug. 22, 2018

Aug. 22, 2018

PACER
84

Notice Rescheduling Hearing (CR) (No Interpreter requested) jury trial previously set for December 3-7, 2018 ---- Bench Trial set for December 17-21, 2018 at 9:30 AM in Harrisonburg before District Judge Elizabeth K. Dillon. Counsel must contact the Clerk's Office no later than five (5) business days before the scheduled trial date for your technology needs. (mf)

Aug. 22, 2018

Aug. 22, 2018

PACER
85

NOTICE of Hearing: (CR) (No Interpreter requested) Pretrial Conference set for December 3, 2018 at 10:00 AM in Harrisonburg before District Judge Elizabeth K. Dillon. (mf)

Aug. 22, 2018

Aug. 22, 2018

PACER
86

Notice of Correction: Document 33 MOTION for Preliminary Injunction was WITHDRAWN pursuant to Document #82 Oral Order. (jv)

Aug. 22, 2018

Aug. 22, 2018

PACER
87

Consent MOTION for J. Ryan Frazee to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0423-2992589. by John Doe 4.Motions referred to Judge Joel C. Hoppe. (Attachments: # 1 Exhibit Cert. of Good Standing, # 2 Text of Proposed Order)(Tobias, Bradley)

1 Exhibit Cert. of Good Standing

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2 Text of Proposed Order

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Oct. 8, 2018

Oct. 8, 2018

PACER
88

Oral ORDER granting 87 MOTION for James Ryan Frazee to Appear Pro Hac Vice in this case.. Entered by Magistrate Judge Joel C. Hoppe on 10/9/18. (JCH)

Oct. 9, 2018

Oct. 9, 2018

PACER
89

MOTION to Seal by Shenandoah Valley Juvenile Center Commission.Motions referred to Judge Joel C. Hoppe. (Attachments: # 1 Text of Proposed Order)(Botkins, Jason)

1 Text of Proposed Order

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Oct. 16, 2018

Oct. 16, 2018

PACER
90

Brief / Memorandum in Support re 89 MOTION to Seal . filed by Shenandoah Valley Juvenile Center Commission. (Botkins, Jason)

Oct. 16, 2018

Oct. 16, 2018

RECAP
91

ORDER granting 89 Motion to Seal. Signed by Magistrate Judge Joel C. Hoppe on 10/16/18. (kld)

Oct. 16, 2018

Oct. 16, 2018

PACER
92

MOTION for Protective Order by Shenandoah Valley Juvenile Center Commission.Motions referred to Judge Joel C. Hoppe. (Attachments: # 1 Text of Proposed Order)(Botkins, Jason)

1 Text of Proposed Order

View on PACER

Oct. 17, 2018

Oct. 17, 2018

RECAP
93

Brief / Memorandum in Support re 92 MOTION for Protective Order . filed by Shenandoah Valley Juvenile Center Commission. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Botkins, Jason) (Additional attachment(s) added on 10/18/2018: # 4 Unredacted exhibit 1, # 5 Unredacted Exhibit 2) (jv).

1 Exhibit

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2 Exhibit

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3 Exhibit

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Oct. 17, 2018

Oct. 17, 2018

RECAP
94

MOTION for Leave to File Excess Pages by Shenandoah Valley Juvenile Center Commission.Motions referred to Judge Joel C. Hoppe. (Attachments: # 1 Text of Proposed Order)(Botkins, Jason)

1 Text of Proposed Order

View on PACER

Oct. 18, 2018

Oct. 18, 2018

PACER
95

ORDER granting 94 Motion for Leave to File Excess Pages. Signed by Magistrate Judge Joel C. Hoppe on 10/19/2018. (jv)

Oct. 19, 2018

Oct. 19, 2018

PACER
96

MOTION to Seal Exhibits by Shenandoah Valley Juvenile Center Commission.Motions referred to Judge Joel C. Hoppe. (Johnson, Harold)

Oct. 19, 2018

Oct. 19, 2018

PACER
97

Brief / Memorandum in Support re 96 MOTION to Seal Exhibits . filed by Shenandoah Valley Juvenile Center Commission. (Attachments: # 1 Text of Proposed Order)(Johnson, Harold)

1 Text of Proposed Order

View on PACER

Oct. 19, 2018

Oct. 19, 2018

RECAP
98

ORDER granting 96 Motion to Seal Exhibits. Signed by Magistrate Judge Joel C. Hoppe on 10/19/18. (kld)

Oct. 19, 2018

Oct. 19, 2018

PACER
99

MOTION for Summary Judgment by Shenandoah Valley Juvenile Center Commission. (Attachments: # 1 Text of Proposed Order)(Botkins, Jason)

1 Text of Proposed Order

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Oct. 22, 2018

Oct. 22, 2018

PACER
100

Brief / Memorandum in Support re 99 MOTION for Summary Judgment . filed by Shenandoah Valley Juvenile Center Commission. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit)(Botkins, Jason) (Additional attachment(s) added on 10/23/2018: # 14 Exhibit F Unredacted, # 15 Exhibit G Unredacted, # 16 Exhibit H Unredacted) (jv).

1 Exhibit

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2 Exhibit

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3 Exhibit

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4 Exhibit

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5 Exhibit

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6 Exhibit

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7 Exhibit

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8 Exhibit

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9 Exhibit

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10 Exhibit

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11 Exhibit

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12 Exhibit

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13 Exhibit

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Oct. 22, 2018

Oct. 22, 2018

RECAP
101

MOTION in Limine to Exclude the Expert Testimony of Dr. Andrea Weisman by Shenandoah Valley Juvenile Center Commission. (Haynes, Meredith)

Oct. 22, 2018

Oct. 22, 2018

PACER

Case Details

State / Territory: Virginia

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 4, 2017

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Class of juvenile minors held at a detention facility for unaccompanied immigrant minors

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Washington Lawyers' Committee

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Shenandoah Valley Juvenile Center Commission (Staunton, Staunton), State

Defendant Type(s):

Law-enforcement

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Constitutional Clause(s):

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief request withdrawn/mooted

Issues

General:

Assault/abuse by staff

Bathing and hygiene

Conditions of confinement

Confinement/isolation

Counseling

Disciplinary procedures

Disciplinary segregation

Disparate Treatment

Excessive force

Food service / nutrition / hydration

Juveniles

Language access/needs

Pattern or Practice

Personal injury

Recreation / Exercise

Restraints : physical

Sanitation / living conditions

Solitary confinement/Supermax (conditions or process)

Suicide prevention

Discrimination-basis:

Immigration status

National origin discrimination

Race discrimination

Medical/Mental Health:

Mental health care, general

Self-injurious behaviors

Suicide prevention

Type of Facility:

Government-run

Immigration/Border:

Constitutional rights

Detention - conditions

Refugees

Undocumented immigrants - rights and duties

National Origin/Ethnicity:

Hispanic