Case: Doe v. Hommrich

3:16-cv-00799 | U.S. District Court for the Middle District of Tennessee

Filed Date: April 25, 2016

Case Ongoing

Clearinghouse coding complete

Case Summary

On April 25, 2016, a minor pre-trial detainee in the Rutherford County Detention Facility (“the Facility”) filed this lawsuit in the U.S. District Court for the Middle District of Tennessee. The plaintiff sued the Tennessee Department of Children’s Services (“DCS”) and its Commissioner, the Director of the Facility, an officer of the Facility, and Rutherford County under 42 U.S.C. §1983. The plaintiff, through private counsel and the ACLU of Tennessee claimed violations of the Eighth Amendment …

On April 25, 2016, a minor pre-trial detainee in the Rutherford County Detention Facility (“the Facility”) filed this lawsuit in the U.S. District Court for the Middle District of Tennessee. The plaintiff sued the Tennessee Department of Children’s Services (“DCS”) and its Commissioner, the Director of the Facility, an officer of the Facility, and Rutherford County under 42 U.S.C. §1983. The plaintiff, through private counsel and the ACLU of Tennessee claimed violations of the Eighth Amendment and the Fourteenth Amendment’s Due Process Clause. The plaintiff alleged the government had unlawfully held him in solitary confinement for long periods of time as a punitive measure. Specifically, the plaintiff was placed in solitary confinement at the Facility for five days prior to the filing of this lawsuit for allegedly disruptive behavior. The plaintiff sought injunctive and declaratory relief. He requested a temporary restraining order, a preliminary and permanent injunction, as well as attorneys' fees and costs. The case was assigned to Judge Todd J. Campbell.

On April 25, 2016, the court granted the plaintiff’s motion for a temporary restraining order to prevent defendants from placing or keeping him in solitary confinement while awaiting adjudication. On May 4, 2016, the defendants moved to dismiss the complaint for failure to state a claim for relief and subject-matter jurisdiction. On May 5, 2016, the court denied the plaintiff's motion for a preliminary injunction, finding he had not shown irreparable harm, as he was no longer in solitary confinement. The temporary restraining order terminated the same day.

On May 18, 2016, the plaintiff filed an amended complaint to certify a class of all current and future juveniles held in detention at secure facilities in the State of Tennessee. On June 9 and 22, 2016, the defendants again moved to dismiss the amended complaint, alleging the matter was moot because the plaintiff was no longer in the custody of the Facility, and alleging failure to state a claim and lack of jurisdiction. On July 7, 2016, the plaintiff sought class certification of those juveniles detained in any facility licensed by DCS, and a subclass of those juveniles detained in the Facility. Judge Campbell denied the defendants’ motions to dismiss on August 26, 2016, finding that the plaintiff’s claim was capable of repetition and therefore was not moot. On November 30, 2016, the case was reassigned to Judge Aleta A. Trauger.

On February 9, 2017, the plaintiff again sought a preliminary injunction to enjoin the defendants from placing the plaintiff or any other class member in solitary confinement as punishment. On February 17, 2017, the court granted the plaintiff’s motion to a certify class defined as “all juveniles detained in the Rutherford County Juvenile Detention Center who are or were placed in solitary confinement or isolation for punitive reasons, from April 25, 2015 to the present.” 2017 WL 660681.

On March 22, 2017, the plaintiff’s motion for a preliminary injunction was granted. 2017 WL 1091864. The court found that the plaintiff’s claim that the solitary confinement of juveniles for punitive purposes constituted inhumane treatment was likely to succeed on the merits. On October 30, 2017, the case was referred to a magistrate for settlement. An order dated January 29, 2018, explained that after further discussion, the parties had one unresolved issue that they wish to continue mediating.

The case was transferred to Judge Eli Richardson on November 14, 2018. The parties reached a settlement and then moved for preliminary approval of the agreement on January 24, 2019, but Judge Richardson denied the motion due to concerns about the agreement. The parties then revised the settlement and again moved for preliminary approval on March 27, 2019. Judge Richarson preliminary approved the agreement, and after a fairness hearing, approved the agreement on July 19, 2019. The agreement included a permanent injunction prohibiting Rutherford County from using seclusion as punishment for minors. The defendants also agreed to reporting requirements and that they would pay $250,000 in attorneys' fees and costs. The court dismissed the case with prejudice that same day. The case remains ongoing for compliance with the permanent injunction of the settlement agreement. As of March 24, 2021, there was no additional activity on the docket to suggest compliance issues or disputes.

Summary Authors

Sam Kulhanek (9/27/2018)

Alex Moody (5/27/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4383833/parties/doe-v-hommrich/


Judge(s)

Brown, Joe B. (Tennessee)

Richardson, Eli Jeremy None (Tennessee)

Trauger, Aleta Arthur (Tennessee)

Attorneys(s) for Plaintiff

Castelli, Thomas H. (Tennessee)

Clark, Wesley B. (Tennessee)

Downton, Mark J. (Tennessee)

Attorneys(s) for Defendant

Christiansen, Nicholas Clinton (Tennessee)

Lakey, Jonathan P. (Tennessee)

McCreary, Josh A. (Tennessee)

Rieger, Alexander Stuart (Tennessee)

Judge(s)

Brown, Joe B. (Tennessee)

Richardson, Eli Jeremy None (Tennessee)

Trauger, Aleta Arthur (Tennessee)

Attorneys(s) for Plaintiff

Castelli, Thomas H. (Tennessee)

Clark, Wesley B. (Tennessee)

Downton, Mark J. (Tennessee)

Attorneys(s) for Defendant

Christiansen, Nicholas Clinton (Tennessee)

Lakey, Jonathan P. (Tennessee)

McCreary, Josh A. (Tennessee)

Rieger, Alexander Stuart (Tennessee)

Documents in the Clearinghouse

Document

Docket [PACER]

July 19, 2019 Docket
1

Verified Complaint

April 25, 2016 Complaint
34

First Amended Complaint – Class Action Complaint

May 18, 2016 Complaint
100

Memorandum and Order

2017 WL 660681

Feb. 17, 2017 Order/Opinion
114

Memorandum

2017 WL 1091864

March 22, 2017 Order/Opinion
143-1

Class Action Settlement Agreement

March 27, 2019 Settlement Agreement
152

Final Order Approving Class Settlement, Ordering Permanent Injunctive Relief, and Dismissing Case with Prejudice

July 19, 2019 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4383833/doe-v-hommrich/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT John Doe, a minor, by and through his Mother and next friend, Sharieka Frazier. (Filing fee $ 400 paid) (Attachments: # 1 Attachment Civil Cover Sheet)(af) (Entered: 04/25/2016)

1 Attachment Civil Cover Sheet

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April 25, 2016 PACER

Motion Hearing

April 25, 2016 PACER
2

MOTION for Temporary Restraining Order and Preliminary Injunction by John Doe, Sharieka Frazier. (af) (Additional attachment(s) added on 4/25/2016: # 1 Attachment Proposed TRO) (af). (Entered: 04/25/2016)

1 Attachment Proposed TRO

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April 25, 2016 PACER
3

MEMORANDUM in Support of 2 MOTION for Temporary Restraining Order and Preliminary Injunction filed by John Doe, Sharieka Frazier. (af) (Entered: 04/25/2016)

April 25, 2016 RECAP
4

DECLARATION of Sharieka Frazier filed by John Doe, Sharieka Frazier re: 2 MOTION for Temporary Restraining Order and Preliminary Injunction. (af) (Entered: 04/25/2016)

April 25, 2016 PACER
5

DECLARATION of Counsel filed by John Doe, Sharieka Frazier re: 2 MOTION for Temporary Restraining Order and Preliminary Injunction. (af) (Entered: 04/25/2016)

April 25, 2016 PACER
6

RECEIPT #34675040812 in the amount of $400 posted by John Doe, Sharieka Frazier re 1 Complaint. (af) (Entered: 04/25/2016)

April 25, 2016 RECAP
7

Summons issued as to Tennessee Department of Children's Services, Lynn Duke, Bonnie Hommrich, Rutherford County, & Angela Istvanditsch. (af) (Entered: 04/25/2016)

April 25, 2016 PACER

Minute Entry for proceedings held before District Judge Todd J. Campbell: Motion Hearing held on 4/25/2016 re 2 MOTION for Temporary Restraining Order filed by John Doe, Sharieka Frazier. TRO granted. Order to enter.(Court Reporter Cathy Leigh.)(db)

April 25, 2016 PACER
8

*TERMED PER ORDER 30 * TEMPORARY RESTRAINING ORDER. Signed by District Judge Todd J. Campbell on 4/25/16. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(af) Modified Text on 5/5/2016 (dt). (Entered: 04/25/2016)

April 25, 2016 RECAP
9

ORDER: A hearing to consider the Plaintiff's Motion for Preliminary Injunction is set for Thursday, May 5, 2016, at 9:00 a.m. Absent extraordinary circumstances, the hearing will conclude on that day. Counsel for the Plaintiff shall serve a copy of the Temporary Restraining Order and this Order upon the Defendants. IT IS SO ORDERED. Signed by District Judge Todd J. Campbell on 4/25/16. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(af) (Entered: 04/25/2016)

April 25, 2016 PACER
10

NOTICE of Appearance by Josh A. McCreary on behalf of Lynn Duke, Angela Istvanditsch, Rutherford County, Tennessee (McCreary, Josh) (Entered: 04/27/2016)

April 27, 2016 RECAP
11

NOTICE of Appearance by Nicholas Clinton Christiansen on behalf of Lynn Duke, Angela Istvanditsch, Rutherford County, Tennessee (Christiansen, Nicholas) (Entered: 04/28/2016)

April 28, 2016 RECAP
12

NOTICE of Appearance by Thomas H. Castelli on behalf of All Plaintiffs (Castelli, Thomas) (Entered: 04/28/2016)

April 28, 2016 PACER

Docket Annotation

April 29, 2016 PACER

Bar status for attorneys Thomas H. Castelli, Josh McCreary and Nicholas Christiansen of TN verified as active this date. (dt)

April 29, 2016 PACER
13

NOTICE of Appearance by Alexander Stuart Rieger on behalf of Children's Services, Tennessee Department of, Bonnie Hommrich (Rieger, Alexander) (Entered: 05/04/2016)

May 4, 2016 PACER
14

RESPONSE in Opposition re 2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Lynn Duke, Angela Istvanditsch, Rutherford County, Tennessee. (McCreary, Josh) (Entered: 05/04/2016)

May 4, 2016 PACER
15

MOTION in Limine by Lynn Duke, Angela Istvanditsch, Rutherford County, Tennessee. (McCreary, Josh) (Entered: 05/04/2016)

May 4, 2016 PACER
16

MEMORANDUM in Support of 15 MOTION in Limine filed by Lynn Duke, Angela Istvanditsch, Rutherford County, Tennessee . (McCreary, Josh) (Entered: 05/04/2016)

May 4, 2016 PACER
17

Witness List and Exhibit List by Lynn Duke, Angela Istvanditsch, Rutherford County, Tennessee. (McCreary, Josh) (Entered: 05/04/2016)

May 4, 2016 PACER
18

Exhibit List for Hearing on Preliminary Injunction by John Doe.. (Castelli, Thomas) (Entered: 05/04/2016)

May 4, 2016 PACER
19

Witness List for Hearing on Preliminary Injunction by John Doe. (Castelli, Thomas) (Entered: 05/04/2016)

May 4, 2016 PACER
20

NOTICE of Filing by John Doe Deposition of Lynn Duke (Attachments: # 1 Attachment Deposition of Lynn Duke)(Castelli, Thomas) (Entered: 05/04/2016)

1 Attachment Deposition of Lynn Duke

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May 4, 2016 PACER
21

NOTICE of Filing by John Doe Deposition of Angela Istvanditsch (Attachments: # 1 Attachment Deposition of Angela Istvanditsch)(Castelli, Thomas) (Entered: 05/04/2016)

1 Attachment Deposition of Angela Istvanditsch

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May 4, 2016 PACER
22

DECLARATION of John Doe filed by John Doe. (Attachments: # 1 Attachment Declaration of John Doe)(Castelli, Thomas) (Entered: 05/04/2016)

1 Attachment Declaration of John Doe

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May 4, 2016 PACER
23

RESPONSE in Opposition re 2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Children's Services, Tennessee Department of, Bonnie Hommrich. (Attachments: # 1 Exhibit Ex. A Juvenile Court Order April 20, 2016, # 2 Exhibit Ex. B Juvenile Court Order April 22, 2016, # 3 Exhibit Ex. C Deposition of Lynn Duke, # 4 Exhibit Ex. D Deposition of Angela Istvanditsch)(Rieger, Alexander) (Entered: 05/04/2016)

1 Exhibit Ex. A Juvenile Court Order April 20, 2016

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2 Exhibit Ex. B Juvenile Court Order April 22, 2016

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3 Exhibit Ex. C Deposition of Lynn Duke

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4 Exhibit Ex. D Deposition of Angela Istvanditsch

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May 4, 2016 PACER
24

Exhibit List and Witness List by Children's Services, Tennessee Department of, Bonnie Hommrich.. (Rieger, Alexander) (Entered: 05/04/2016)

May 4, 2016 PACER
25

MOTION to Dismiss by Children's Services, Tennessee Department of, Bonnie Hommrich. (Rieger, Alexander) (Entered: 05/04/2016)

May 4, 2016 PACER
26

MEMORANDUM in Support of 25 MOTION to Dismiss filed by Children's Services, Tennessee Department of, Bonnie Hommrich . (Attachments: # 1 Exhibit Ex. Juvenile Court Order April 20, 2016, # 2 Exhibit Ex. B Juvenile Court Order April 22, 2016, # 3 Exhibit Ex. C Juvenile Court Order April 25, 2016)(Rieger, Alexander) (Entered: 05/04/2016)

1 Exhibit Ex. Juvenile Court Order April 20, 2016

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2 Exhibit Ex. B Juvenile Court Order April 22, 2016

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3 Exhibit Ex. C Juvenile Court Order April 25, 2016

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May 4, 2016 PACER
27

MOTION for Leave to to File Reply to Defendants' Response by John Doe. (Attachments: # 1 Attachment Proposed Reply Brief)(Castelli, Thomas) (Entered: 05/04/2016)

1 Attachment Proposed Reply Brief

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May 4, 2016 PACER
28

ORDER granting 27 Motion for Leave to File Reply. Signed by District Judge Todd J. Campbell on 05/05/2016. (vh) Modified on 5/5/2016 (af). (Entered: 05/05/2016)

May 5, 2016 PACER

Motion Hearing

May 5, 2016 PACER

Minute Entry for proceedings held before District Judge Todd J. Campbell: Motion Hearing held on 5/5/2016 re 2 MOTION for Preliminary Injunction filed by John Doe, Sharieka Frazier. Order to enter.(Court Reporter Cathy Leigh.)(db)

May 5, 2016 PACER
29

REPLY to Response to 2 MOTION for Preliminary Injunction filed by John Doe. (dt) (Entered: 05/05/2016)

May 5, 2016 PACER
30

ORDER: The Court issued a Temporary Restraining Order in this matter on April 25, 2016 8 . Pending before the Court is Plaintiff's Motion for a Preliminary Injunction 2 . The Court held a hearing on the pending Motion on May 5, 2016, which was attended by counsel for all parties. Plaintiff's Motion for Preliminary Injunction is DENIED. The Temporary Restraining Order previously entered in this case 8 is terminated. Defendants' Motion in Limine to Exclude Plaintiff's Expert Witness 15 is moot. The case is referred back to the Magistrate Judge for customized case management. Signed by District Judge Todd J. Campbell on 5/5/16. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Entered: 05/05/2016)

May 5, 2016 PACER
31

ORDER: This case is REFERRED to the Magistrate Judge for customized case management in accordance with Local Rule 16.01. This case shall be set for trial upon completion of the initial case management conference by order of the District Judge in accordance with the procedures of Local Rule 16.01(d)(5). Signed by District Judge Todd J. Campbell on 5/5/16. (dt) (Entered: 05/05/2016)

May 5, 2016 PACER
32

NOTICE of Initial Case Management Conference set for 6/29/2016 at 10:00 AM before Magistrate Judge Joe Brown. (dt) (Entered: 05/09/2016)

May 9, 2016 PACER
33

MOTION to Continue Case Management Conference by Lynn Duke, Angela Istvanditsch, Rutherford County, Tennessee. (McCreary, Josh) (Entered: 05/11/2016)

May 11, 2016 PACER
34

AMENDED COMPLAINT against All Defendants, filed by Sharieka Frazier, John Doe.(Clark, Wesley) (Entered: 05/18/2016)

May 18, 2016 PACER
35

RESPONSE to Motion re 25 MOTION to Dismiss filed by John Doe, Sharieka Frazier. (Clark, Wesley) (Entered: 05/18/2016)

May 18, 2016 PACER
36

ORDER granting 33 Motion to Continue Case Management Conference. Initial Case Management Conference is reset for 10:00 a.m. on July 6, 2016. Signed by Magistrate Judge Joe Brown on 5/19/16. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Entered: 05/19/2016)

May 19, 2016 PACER
37

ORDER: Pending before the Court is Defendants' Motion to Dismiss 25 . Since the filing of the Motion to Dismiss, Plaintiffs have filed a First Amended Complaint 34 . Accordingly, Defendants' Motion to Dismiss 25 is denied without prejudice as moot. The Complaint to which Defendants' Motion is addressed is no longer the operative complaint in this matter. Signed by District Judge Todd J. Campbell on 5/23/16. (dt) (Entered: 05/23/2016)

May 23, 2016 PACER

Docket Annotation

May 27, 2016 PACER

Bar status for attorney Alexander Stuart Rieger of TN verified as active this date. (dt)

May 27, 2016 PACER
38

MOTION for Extension of Time to File Answer or responsive pleading by Lynn Duke, Angela Istvanditsch, Rutherford County, Tennessee. (McCreary, Josh) (Entered: 05/27/2016)

May 27, 2016 PACER
39

NOTICE of Appearance by Jonathan P. Lakey on behalf of Children's Services, Tennessee Department of (Lakey, Jonathan) (Entered: 05/31/2016)

May 31, 2016 PACER
40

ORDER granting 38 Motion for Extension of Time to Answer All Defendants. (Brown, Joe) (Entered: 05/31/2016)

May 31, 2016 PACER
41

MOTION for Extension of Time to File Answer or Responsive Pleading by Children's Services, Tennessee Department of, Bonnie Hommrich. (Rieger, Alexander) (Entered: 06/01/2016)

June 1, 2016 PACER
42

ORDER granting 41 Motion for Extension of Time to Answer State of TN and Bonnie Hommrich answer due 6/22/2016. (Brown, Joe) (Entered: 06/02/2016)

June 2, 2016 PACER

Docket Annotation

June 7, 2016 PACER

Bar status for attorney Jonathan Lakey and Alexander Rieger of TN verified as active this date. (dt)

June 7, 2016 PACER
43

MOTION to Dismiss by Lynn Duke, Angela Istvanditsch, Rutherford County, Tennessee. (McCreary, Josh) (Entered: 06/09/2016)

June 9, 2016 PACER
44

MEMORANDUM in Support of 43 MOTION to Dismiss filed by Lynn Duke, Angela Istvanditsch, Rutherford County, Tennessee . (McCreary, Josh) (Entered: 06/09/2016)

June 9, 2016 PACER
45

MOTION to Dismiss, MOTION to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction by Children's Services, Tennessee Department of, Bonnie Hommrich. (Rieger, Alexander) (Entered: 06/22/2016)

June 22, 2016 PACER
46

MEMORANDUM in Support of 45 MOTION to Dismiss MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Children's Services, Tennessee Department of, Bonnie Hommrich . (Attachments: # 1 Exhibit Ex A Juvenile Court Order Apr. 20, # 2 Exhibit Ex B Juvenile Court Order Apr. 22, # 3 Exhibit Ex C Juvenile Court Order Apr. 25, # 4 Exhibit Ex D Directive to 25.5-DOE, # 5 Exhibit Ex E Policy 11.3, # 6 Exhibit Ex F Policy 19.11)(Rieger, Alexander) (Entered: 06/22/2016)

1 Exhibit Ex A Juvenile Court Order Apr. 20

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2 Exhibit Ex B Juvenile Court Order Apr. 22

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3 Exhibit Ex C Juvenile Court Order Apr. 25

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4 Exhibit Ex D Directive to 25.5-DOE

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5 Exhibit Ex E Policy 11.3

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6 Exhibit Ex F Policy 19.11

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June 22, 2016 PACER
47

RESPONSE in Opposition re 43 MOTION to Dismiss by Rutherford County, Duke, Istvanditsch filed by John Doe, Sharieka Frazier. (Attachments: # 1 Attachment Unreported case - Gawry, # 2 Attachment Juvenile court order March 18 2016)(Clark, Wesley) (Entered: 06/23/2016)

1 Attachment Unreported case - Gawry

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2 Attachment Juvenile court order March 18 2016

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June 23, 2016 PACER
48

MOTION to Continue State Defendants' Unopposed Motion to Reset Case Management Conference by Children's Services, Tennessee Department of. (Lakey, Jonathan) (Entered: 07/01/2016)

July 1, 2016 PACER
49

NOTICE of Filing by Children's Services, Tennessee Department of, Bonnie Hommrich re 45 MOTION to Dismiss MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction, 46 Memorandum in Support,, (Attachments: # 1 Attachment Ex. A Seclusion Procedure)(Rieger, Alexander) (Entered: 07/01/2016)

1 Attachment Ex. A Seclusion Procedure

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July 1, 2016 PACER
50

ORDER: Pending in this matter is the State Defendants' Unopposed Motion to Reset Case Management Conference 48 presently set for 10:00 a.m. on Wednesday, July 6, 2016. The motion is GRANTED, and the Initial Case Management Conference is reset for 1:00 p.m. on Thursday, July 28, 2016. Signed by Magistrate Judge Joe Brown on 7/1/16. (dt) (Entered: 07/05/2016)

July 1, 2016 PACER
51

MOTION for Extension of Time to File Response/Reply to Motion to Dismiss (Unopposed) by John Doe. (Downton, Mark) (Entered: 07/05/2016)

July 5, 2016 PACER
52

ORDER granting 51 Motion for Extension of Time to File Response re 43 MOTION to Dismiss, 45 MOTION to Dismiss MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction . In filing a motion for additional time it would be helpful if the specific date the response will be due is stated in the motion. Responses will be Due July 25, 2016. (Brown, Joe) (Entered: 07/05/2016)

July 5, 2016 PACER
53

ORDER: Pending before the Court is Plaintiff's Motion for Extension of Time to File Response to State's Motion to Dismiss 51 . There are two Motions to Dismiss pending 43 and 45 . Plaintiff has filed a Response 47 to the Motion to Dismiss of the County Defendants 43 . Plaintiff shall file his Response to the State's Motion to Dismiss by July 25, 2016. All Defendants shall file their Replies by August 8, 2016. Signed by District Judge Todd J. Campbell on 7/5/16. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Entered: 07/05/2016)

July 5, 2016 PACER
54

MOTION to Certify Class by John Doe, Sharieka Frazier. (Castelli, Thomas) (Entered: 07/07/2016)

July 7, 2016 PACER
55

MEMORANDUM in Support of 54 MOTION to Certify Class filed by John Doe, Sharieka Frazier . (Castelli, Thomas) (Entered: 07/07/2016)

July 7, 2016 PACER
56

MOTION to Stay re 54 MOTION to Certify Class, 55 Memorandum in Support by Children's Services, Tennessee Department of, Bonnie Hommrich. (Rieger, Alexander) (Entered: 07/21/2016)

July 21, 2016 PACER
57

MEMORANDUM in Support of 56 MOTION to Stay re 54 MOTION to Certify Class, 55 Memorandum in Support filed by Children's Services, Tennessee Department of, Bonnie Hommrich . (Rieger, Alexander) (Entered: 07/21/2016)

July 21, 2016 PACER
58

ORDER granting 56 Motion to Stay Motion for Class Certification and All Discovery. Briefing on the pending Motion for Class Certification is STAYED, pending resolution of the pending Motions to Dismiss. In addition, all discovery is STAYED, pending resolution of the pending Motions to Dismiss. Once the Court rules on the pending Motions to Dismiss, the Magistrate Judge, if appropriate, shall set a briefing schedule for the Motion for Class Certification and determine what, if any, limited discovery is needed with regard to that Motion. Signed by District Judge Todd J. Campbell on 7/22/16. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Entered: 07/22/2016)

July 22, 2016 PACER
59

RESPONSE in Opposition re 45 MOTION to Dismiss MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by John Doe, Sharieka Frazier. (Clark, Wesley) (Entered: 07/25/2016)

July 25, 2016 PACER
60

ORDER: Pursuant to Judge Campbell's Order staying all discovery in this matter (Docket Entry 58), the case management conference presently set for 1:00 p.m. on Thursday, July 28, 2016, is hereby CANCELED. The parties should contact the Magistrate Judge's courtroom deputy within five days of the Court's ruling on the pending Motion to Dismiss, if appropriate, to schedule a conference call with the Magistrate Judge. It is so ORDERED. Signed by Magistrate Judge Joe Brown on 7/25/16. (af) (Entered: 07/26/2016)

July 25, 2016 PACER
61

REPLY to Response to Motion re 45 MOTION to Dismiss MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Children's Services, Tennessee Department of, Bonnie Hommrich. (Attachments: # 1 Attachment Attachment A-DCS Policy 19.12)(Rieger, Alexander) (Entered: 08/08/2016)

1 Attachment Attachment A-DCS Policy 19.12

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Aug. 8, 2016 PACER
62

MEMORANDUM Signed by District Judge Todd J. Campbell on 8/26/16. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Entered: 08/26/2016)

Aug. 26, 2016 PACER
63

ORDER: Pending before the Court is a Motion to Dismiss 43 filed by Defendants Rutherford County, Duke and Istvanditsch ("County Defendants"). For the reasons stated in the accompanying Memorandum, the County Defendants' Motion to Dismiss 43 is DENIED. Signed by District Judge Todd J. Campbell on 8/26/16. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Entered: 08/26/2016)

Aug. 26, 2016 PACER
64

MEMORANDUM Signed by District Judge Todd J. Campbell on 8/26/16. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Entered: 08/26/2016)

Aug. 26, 2016 PACER
65

ORDER: Pending before the Court is a Motion to Dismiss 45 filed by Defendants Tennessee Department of Childrens Services and Commissioner Bonnie Hommrich ("State Defendants"). For the reasons stated in the accompanying Memorandum, the State Defendants' Motion to Dismiss 45 is DENIED. Signed by District Judge Todd J. Campbell on 8/26/16. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Entered: 08/26/2016)

Aug. 26, 2016 PACER
66

ORDER: Telephone Conference set for 9/21/2016 at 1:00 PM before Magistrate Judge Joe Brown. Signed by Magistrate Judge Joe Brown on 8/30/16. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Entered: 08/31/2016)

Aug. 30, 2016 PACER
67

ORDER: In light of the Court's August 26, 2016 rulings 63 and 65, the stay previously imposed 58 is now LIFTED, and the Magistrate Judge shall set deadlines for Responses to the Motion for Class Certification at the parties' September 21, 2016 telephone conference. Signed by District Judge Todd J. Campbell on 8/31/16. (dt) (Entered: 08/31/2016)

Aug. 31, 2016 PACER
68

ANSWER to 34 Amended Complaint by Children's Services, Tennessee Department of, Bonnie Hommrich.(Rieger, Alexander) (Entered: 09/09/2016)

Sept. 9, 2016 PACER
69

MOTION for Extension of Time to File Answer by Lynn Duke, Angela Istvanditsch, Rutherford County, Tennessee. (McCreary, Josh) (Entered: 09/12/2016)

Sept. 12, 2016 PACER
70

ORDER granting 69 Motion for Extension of Time to Answer All Defendants. (Brown, Joe) (Entered: 09/12/2016)

Sept. 12, 2016 PACER
71

ANSWER to 34 Amended Complaint by Lynn Duke, Angela Istvanditsch, Rutherford County, Tennessee.(Christiansen, Nicholas) (Entered: 09/16/2016)

Sept. 16, 2016 PACER

Telephone Conference

Sept. 21, 2016 PACER

Minute Entry for proceedings held before Magistrate Judge Joe Brown: Telephone Conference held on 9/21/2016. Order to enter. (rd)

Sept. 21, 2016 PACER
72

ORDER: A telephone scheduling conference was held with the parties in this matter on September 21, 2016. The parties had submitted competing plans for consideration of the initial case management order. The parties may serve written discovery limited to the class certification issue on or before October 7, 2016. Responses to this discovery will be due on or before October 25, 2016. Any depositions needed on this issue will be taken by December 9, 2016. Responses to the pending motion for class certification will be due on or before January 17, 2017, and replies, limited to five pages, will be due by January 31, 2017. Following a ruling by Judge Campbell on the class certification issue, all stays on discovery will be LIFTED and the parties will, within 14 days of a decision, submit to brownchambers@tnmd.uscourts.gov in Word or Word Perfect form a draft scheduling order for the completion of discovery in the case and a recommended trial date for this bench trial. Signed by Magistrate Judge Joe Brown on 9/21/16. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Entered: 09/21/2016)

Sept. 21, 2016 PACER
73

MOTION to Amend/Correct 71 Answer to Amended Complaint by Lynn Duke, Angela Istvanditsch, Rutherford County, Tennessee. (Christiansen, Nicholas) (Entered: 09/22/2016)

Sept. 22, 2016 PACER
74

ORDER granting 73 Motion to Amend/Correct answer as requested and to withdraw jury demand. Clerk will change docket sheet to remove jury demand in this case (Brown, Joe) (Entered: 09/23/2016)

Sept. 23, 2016 PACER
75

Joint MOTION for Protective Order by Lynn Duke, Angela Istvanditsch, Rutherford County, Tennessee. (Attachments: # 1 Exhibit A - Agreed Protective Order)(McCreary, Josh) (Entered: 10/27/2016)

1 Exhibit A - Agreed Protective Order

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Oct. 27, 2016 PACER
76

AGREED PROTECTIVE ORDER. Signed by Magistrate Judge Joe Brown on 10/28/16. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Entered: 10/28/2016)

Oct. 28, 2016 PACER

Docket Annotation

Nov. 30, 2016 PACER

On 12/1/16, U.S. District Judge Todd Campbell will retire. Pursuant to Administrative Order No. 138 entered 11/18/2016 and effective 11/30/16, this case has been randomly reassigned to Judge Trauger. (eh)

Nov. 30, 2016 PACER
77

ORDER: Upon the reassignment of this case to Judge Trauger, the reference to the magistrate judge is WITHDRAWN. The parties shall adhere to the briefing schedule on the Motion to Certify Class (Docket No. 54), which is set out in Judge Brown's Order of September 21, 2016 (Docket No. 72). After a decision on the pending motion, Judge Trauger will set a case management conference before her. Signed by District Judge Aleta A. Trauger on 12/9/2016. (jw) (Entered: 12/09/2016)

Dec. 9, 2016 PACER
78

RESPONSE in Opposition re 54 MOTION to Certify Class filed by Lynn Duke, Angela Istvanditsch, Rutherford County, Tennessee. (Attachments: # 1 Exhibit A - Depo Thomas Schacht)(McCreary, Josh) (Entered: 01/16/2017)

1 Exhibit A - Depo Thomas Schacht

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Jan. 16, 2017 PACER
79

MOTION for Leave to File Document Under Seal by Lynn Duke, Angela Istvanditsch, Rutherford County, Tennessee. (McCreary, Josh) (Entered: 01/16/2017)

Jan. 16, 2017 PACER
80

Sealed Document Deposition of John Doe's mother filed by Lynn Duke, Angela Istvanditsch, Rutherford County, Tennessee. (McCreary, Josh) (Entered: 01/16/2017)

Jan. 16, 2017 PACER
81

Sealed Document Deposition of John Doe filed by Lynn Duke, Angela Istvanditsch, Rutherford County, Tennessee. (McCreary, Josh) (Entered: 01/16/2017)

Jan. 16, 2017 PACER
82

ORDER granting 79 Motion for Leave to File Depositions Under Seal. Signed by District Judge Aleta A. Trauger on 1/17/2017. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb) (Entered: 01/17/2017)

Jan. 17, 2017 PACER
83

MOTION for Leave to File Document Under Seal by Children's Services, Tennessee Department of, Bonnie Hommrich. (Rieger, Alexander) (Entered: 01/17/2017)

Jan. 17, 2017 PACER
84

RESPONSE in Opposition re 54 MOTION to Certify Class filed by Children's Services, Tennessee Department of, Bonnie Hommrich. (Attachments: # 1 Exhibit Ex. D-State Defendants Responses to Plaintiff's Interrogatories, # 2 Exhibit Ex. E-Deposition of Thomas Schacht, # 3 Exhibit Ex. F-AACAP Policy Statement, # 4 Exhibit Ex. G-(Rescinded) Chapters 1400-2 and 1400-3, # 5 Exhibit Ex. H-Affidavit of Mark Anderson, # 6 Exhibit Ex. I-Proposed Rules 0250-04-08, # 7 Exhibit Ex. J-Provider Policy Manual 2011, # 8 Exhibit Ex. K-DCS Policy 19.12, # 9 Exhibit Ex. L-RC-JDC Contract, # 10 Exhibit Ex. M-MT-JDC Contract, # 11 Exhibit Ex. N-G4S Academy Contract, # 12 Exhibit Ex. O-DCS DOE Policy Directive 25.5, # 13 Exhibit Ex. P-DCS Policy 19.11)(Rieger, Alexander) (Entered: 01/17/2017)

1 Exhibit Ex. D-State Defendants Responses to Plaintiff's Interrogatories

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2 Exhibit Ex. E-Deposition of Thomas Schacht

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3 Exhibit Ex. F-AACAP Policy Statement

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4 Exhibit Ex. G-(Rescinded) Chapters 1400-2 and 1400-3

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5 Exhibit Ex. H-Affidavit of Mark Anderson

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6 Exhibit Ex. I-Proposed Rules 0250-04-08

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7 Exhibit Ex. J-Provider Policy Manual 2011

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8 Exhibit Ex. K-DCS Policy 19.12

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9 Exhibit Ex. L-RC-JDC Contract

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10 Exhibit Ex. M-MT-JDC Contract

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11 Exhibit Ex. N-G4S Academy Contract

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12 Exhibit Ex. O-DCS DOE Policy Directive 25.5

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13 Exhibit Ex. P-DCS Policy 19.11

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Jan. 17, 2017 PACER
85

Sealed Document Ex. A-Deposition of Ms. Sharieka Frazier filed by Children's Services, Tennessee Department of, Bonnie Hommrich. (Rieger, Alexander) (Entered: 01/17/2017)

Jan. 17, 2017 PACER
86

Sealed Document Ex. B-Detention Hearing Order filed by Children's Services, Tennessee Department of, Bonnie Hommrich. (Rieger, Alexander) (Entered: 01/17/2017)

Jan. 17, 2017 PACER

State / Territory: Tennessee

Case Type(s):

Juvenile Institution

Special Collection(s):

Solitary confinement

Post-WalMart decisions on class certification

Key Dates

Filing Date: April 25, 2016

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All juveniles detained in the Rutherford County Juvenile Detention Center who are or were placed in solitary confinement or isolation for punitive reasons, from April 25, 2015 to the present.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Tennessee Department of Children’s Services, State

Rutherford County Juvenile Detention Facility (Rutherford), County

Rutherford County (Rutherford), County

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $250,000.00

Order Duration: 2019 - None

Content of Injunction:

Preliminary relief granted

Issues

General:

Confinement/isolation

Disciplinary segregation

Juveniles

Type of Facility:

Government-run