Case: Briggs v. Mass. Dept. of Corrections

1:15-cv-40162 | U.S. District Court for the District of Massachusetts

Filed Date: Nov. 24, 2015

Case Ongoing

Clearinghouse coding complete

Case Summary

On November 24, 2015, several inmates with hearing disabilities filed this class action in the District Court for the District of Massachusetts. The plaintiffs sued the Massachusetts Department of Correction and the Massachusetts Partnership for Correctional Healthcare under the Americans with Disabilities Act (ADA), the Rehabilitation Act, 42 U.S.C. § 1983 for violations of the First and Fourteenth Amendment rights, and the Religious Land Use and Institutionalized Persons Act (RLUIPA). Represe…

On November 24, 2015, several inmates with hearing disabilities filed this class action in the District Court for the District of Massachusetts. The plaintiffs sued the Massachusetts Department of Correction and the Massachusetts Partnership for Correctional Healthcare under the Americans with Disabilities Act (ADA), the Rehabilitation Act, 42 U.S.C. § 1983 for violations of the First and Fourteenth Amendment rights, and the Religious Land Use and Institutionalized Persons Act (RLUIPA). Represented by a combination of Prisoners' Legal Services, Washington Lawyers' Committee for Civil Rights & Urban Affairs, and private counsel, the plaintiffs sought declaratory and injunctive relief on behalf of themselves and other similarly situated persons. They claimed that the Massachusetts Department of Correction failed to provide interpreters, appropriate assistive technology, and accommodations to deaf and hard of hearing prisoners over the course of nearly a decade.

Specifically, the plaintiffs claimed that the defendants denied them reasonable accommodation under the ADA. They alleged that they were denied technology such as teletypewriters and videophones that would make communicating with family possible. One named plaintiff alleged that because of the denial of assistive technology, she had not spoken to her family in several years. The plaintiffs also alleged that the lack of interpreters and accessible materials prevented them from engaging in programs that would allow them to earn good time. The denial of accommodations meant that the plaintiffs did not have meaningful access to healthcare, allegedly waiting nearly two years for hearing aid replacements and not being able to communicate with doctors.

On March 4, 2016, the plaintiffs filed a motion for a class certification. The court denied the motion without prejudice on June 29, 2016 as premature. The defendants subsequently filed a motion to dismiss Counts I and II of the complaint on January 26, 2017. The court assigned the case to Magistrate Judith G. Dein for discovery. After over a year of discovery and its related disputes, as well as multiple status conferences before the Magistrate, the parties began the negotiation process. The judge granted a stay in proceedings until parties completed Alternative Dispute Resolution (ADR) mediation. On March 30, 2018, the court denied the defendant's motion to dismiss, holding that it could not dismiss the plaintiffs' claims without a more developed factual record. On June 27, 2018, the plaintiffs stipulated dismissal as to the Massachusetts Partnership for Correctional Healthcare.

The plaintiffs continued to engage with the defendants in mediation proceedings until May 28, 2019 when the parties filed for preliminary approval of a class settlement. The proposed settlement established intake procedures to identify and provide the appropriate reasonable accommodations for people with hearing disabilities. The settlement emphasized that the individual's request as to what accommodation would suit him or her should weigh heavily in the Department's decision on the accommodation it would provide. It also agreed to provide qualified sign language interpreters so that individuals would enjoy meaningful access to the programs inside the prisons. The settlement's provisions on telecommunication provided that each facility would provide access to at least one of each type of technological service—Video Relay Services (VRI), captioned telephones, teletypewriters (TTY)—as well as sound amplification devices. Moreover, individuals would not be charged for use of their accommodations and would also be given extra time, considering the delays in communication that are inherent in these services. In addition to alternative means of notification, like vibrating watches and other tactile services, the settlement provided for training for prison administrators to be able to communicate more effectively with individuals with hearing disabilities.

The parties agreed to third-party monitoring during the enforcement period of the settlement, with three visits per year, and auditing. However, the monitor would only provide his or her reports to the parties. Final approval of the settlement would not enter a consent decree in the case. Instead, the plaintiffs would have to provide notice to the defendant DOC if they believed the prisons were in substantial non-compliance with the agreement, and meet and confer out-of-court if the plaintiffs are not satisfied with the defendant's justification. The court remained a last resort under the agreement to invoke its "equitable" authority to provide or deny relief to the plaintiffs. The parties agreed to negotiate reasonable plaintiffs attorneys' fees and the settlement will remain in effect for three years from the time of the court's final approval. In addition, the parties held final fairness hearings in late September and early October.

The case is ongoing.

Summary Authors

Raul Noguera-McElroy (2/8/2019)

Chelsea Rinnig (8/9/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5187241/parties/briggs-v-massachusetts-department-of-correction/


Judge(s)

Dein, Judith Gail (Massachusetts)

O'Toole, George A. Jr. (Massachusetts)

Attorneys(s) for Plaintiff

Durkin, William J. (Massachusetts)

Fornaci, Phillip Jerome (District of Columbia)

Gargiulo, Rachel L. (Massachusetts)

Golden, Deborah Maxine (District of Columbia)

Keider, Jocelyn M. (Massachusetts)

Kosan, Lindsay (Massachusetts)

Lavin, Alexandra B. (Massachusetts)

Lewis, Jessica L. (Massachusetts)

Judge(s)

Dein, Judith Gail (Massachusetts)

O'Toole, George A. Jr. (Massachusetts)

Attorneys(s) for Plaintiff

Durkin, William J. (Massachusetts)

Fornaci, Phillip Jerome (District of Columbia)

Gargiulo, Rachel L. (Massachusetts)

Golden, Deborah Maxine (District of Columbia)

Keider, Jocelyn M. (Massachusetts)

Kosan, Lindsay (Massachusetts)

Lavin, Alexandra B. (Massachusetts)

Lewis, Jessica L. (Massachusetts)

Mackey, Katherine V. (Massachusetts)

Matos, Elizabeth D. (Massachusetts)

Mincberg, Elliot M. (District of Columbia)

Moskowitz, Seth (Massachusetts)

Pingeon, James R. (Massachusetts)

Pirozzolo, Lisa J. (Massachusetts)

Porter, Alathea E. (Massachusetts)

Pritchard, Tatum A. (Massachusetts)

Attorneys(s) for Defendant

D'Angelo, Dennis N (Massachusetts)

DiGangi, Thomas Vincent (Massachusetts)

Dray−Siegel, Anna Rachel (Massachusetts)

Hanson, Kirk G. (Massachusetts)

Expert/Monitor/Master

Pomarole, Timothy M. (Massachusetts)

Documents in the Clearinghouse

Document

Docket [PACER]

Briggs v. Massachusetts Department of Corrections

June 28, 2019 Docket
1

Complaint

Briggs v. Massachusetts Department of Correction

Nov. 24, 2015 Complaint
26

Motion for Class Certification

Briggs v. Massachusetts Department of Correction

March 4, 2016 Pleading / Motion / Brief
42

Order Denying Motion to Certify Class

Briggs v. Massachusetts Department of Correction

June 29, 2016 Order/Opinion
199-2

Settlement Agreement

Briggs v. Massachusetts Department of Correction

May 28, 2019 Settlement Agreement
246-26

Expert Report of Gina Hilberry

Briggs v. Massachusetts Department of Correction

Aug. 2, 2019 Monitor/Expert/Receiver Report
239

Plaintiffs' Opposition to Defendant's Motion for Summary Judgment

Jan. 28, 2020 Pleading / Motion / Brief
258

Order on Motion to Strike and Order on Motion for Summary Judgment and Order on Motion to Strike

Aug. 20, 2021 Order/Opinion
246-27

New Document

None Monitor/Expert/Receiver Report

New Document

None

None None

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5187241/briggs-v-massachusetts-department-of-correction/

Last updated May 20, 2022, 5:03 a.m.

ECF Number Description Date Link
26

MOTION to Certify Class by Leonard Briggs, Rolando Jimenez, Louis Markham, Francis McGowan, Eric Roldan, George Skinder, Jennifer Ward.(Pirozzolo, Lisa) (Entered: 03/04/2016)

March 4, 2016 PACER
1

COMPLAINT against All Defendants Filing fee: $ 400, receipt number 0101−5860226 (Fee Status: Filing Fee paid), filed by Leonard Briggs, Rolando Jimenez, Louis Markham, Francis McGowan, Eric Roldan, George Skinder, Jennifer Ward. (Attachments: # 1 Civil Cover Sheet, # 2 Attachment to Civil Cover Sheet, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons)(Pirozzolo, Lisa) (Attachment 1 replaced on 11/25/2015) (Burgos, Sandra). (Entered: 11/24/2015)

Nov. 24, 2015 Clearinghouse
27

MEMORANDUM in Support re 26 MOTION to Certify Class filed by Leonard Briggs, Rolando Jimenez, Louis Markham, Francis McGowan, Eric Roldan, George Skinder, Jennifer Ward. (Attachments: # 1 Exhibit 1 - Declaration of Eric Roldan, # 2 Exhibit 2 - Declaration of Francis McGowan, # 3 Exhibit 3 - Declaration of George Skinder, # 4 Exhibit 4 - Declaration of Jennifer Ward, # 5 Exhibit 5 - Declaration of Leonard Briggs, # 6 Exhibit 6 - Declaration of Louis Markham, # 7 Exhibit 7 - Declaration of Rolando S. Jimenez)(Pirozzolo, Lisa) (Entered: 03/04/2016)

March 4, 2016 PACER
2

NOTICE of Appearance by Alexandra B. Bonneau on behalf of Leonard Briggs, Rolando Jimenez, Louis Markham, Francis McGowan, Eric Roldan, George Skinder, Jennifer Ward (Bonneau, Alexandra) (Entered: 11/24/2015)

Nov. 24, 2015
28

NOTICE of Appearance by Kirk G. Hanson on behalf of Katherine A. Chmiel, Paul Henderson, Carol Higgins O'Brien, Massachusetts Department of Correction, Sean Medeiros, Steven O'Brien, Kelly Ryan (Hanson, Kirk) (Entered: 03/10/2016)

March 10, 2016 PACER
3

NOTICE of Appearance by Alathea E. Porter on behalf of Leonard Briggs, Rolando Jimenez, Louis Markham, Francis McGowan, Eric Roldan, George Skinder, Jennifer Ward (Porter, Alathea) (Entered: 11/24/2015)

Nov. 24, 2015
4

Case transferred to Eastern Division (Boston).(Burgos, Sandra) (Entered: 11/25/2015)

Nov. 25, 2015
29

ANSWER to 1 Complaint,, with Jury Demand by Katherine A. Chmiel, Paul Henderson, Carol Higgins O'Brien, Massachusetts Department of Correction, Sean Medeiros, Steven O'Brien, Kelly Ryan.(Hanson, Kirk) (Entered: 03/10/2016)

March 10, 2016 PACER
5

Case transferred in from Central Division (Worcester) on 11/25/2015 Case Number 4:15−cv−40162. (Abaid, Kimberly) (Entered: 11/25/2015)

Nov. 25, 2015
30

MOTION for Extension of Time to April 1, 2016 to File Response/Reply as to 26 MOTION to Certify Class by Katherine A. Chmiel, Paul Henderson, Carol Higgins O'Brien, Massachusetts Department of Correction, Sean Medeiros, Steven O'Brien, Kelly Ryan.(DiGangi, Thomas) (Entered: 03/16/2016)

March 16, 2016 PACER
6

ELECTRONIC NOTICE of Case Assignment. Judge George A. OToole, Jr assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Judith G. Dein. (Abaid, Kimberly) (Entered: 11/25/2015)

Nov. 25, 2015
31

Judge George A. OToole, Jr: ELECTRONIC ORDER entered granting 30 Motion for Extension of Time to File Response/Reply re 26 MOTION to Certify Class Responses due by 4/1/2016 (Halley, Taylor) (Entered: 03/17/2016)

March 17, 2016 PACER
7

NOTICE of Appearance by Elizabeth D. Matos on behalf of Leonard Briggs, Rolando Jimenez, Louis Markham, Francis McGowan, Eric Roldan, George Skinder, Jennifer Ward (Matos, Elizabeth) (Entered: 12/04/2015)

Dec. 4, 2015
32

Second MOTION for Extension of Time to File Response/Reply as to 26 MOTION to Certify Class by Katherine A. Chmiel, Paul Henderson, Carol Higgins O'Brien, Massachusetts Department of Correction, Sean Medeiros, Steven O'Brien, Kelly Ryan.(Hanson, Kirk) (Entered: 03/29/2016)

March 29, 2016 PACER
8

NOTICE of Appearance by Tatum A. Pritchard on behalf of Leonard Briggs, Rolando Jimenez, Louis Markham, Francis McGowan, Eric Roldan, George Skinder, Jennifer Ward (Pritchard, Tatum) (Entered: 12/07/2015)

Dec. 7, 2015
33

MEMORANDUM in Opposition re 32 Second MOTION for Extension of Time to File Response/Reply as to 26 MOTION to Certify Class filed by Leonard Briggs, Rolando Jimenez, Louis Markham, Francis McGowan, Eric Roldan, George Skinder, Jennifer Ward. (Pirozzolo, Lisa) (Entered: 03/29/2016)

March 29, 2016 PACER
34

Judge George A. OToole, Jr: ELECTRONIC ORDER entered granting 32 Motion for Extension of Time to File Response/Reply re 26 MOTION to Certify Class Responses due by 4/15/2016 (Lyness, Paul) (Entered: 03/31/2016)

March 31, 2016 PACER
9

Summons Issued as to All Defendants. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Halley, Taylor) (Entered: 12/07/2015)

Dec. 7, 2015
35

Opposition re 26 MOTION to Certify Class filed by Massachusetts Partnership for Correctional Healthcare, LLC. (Carpenter, Curtis) (Entered: 04/04/2016)

April 4, 2016 PACER
10

NOTICE of Appearance by William J. Flanagan on behalf of Massachusetts Partnership for Correctional Healthcare, LLC (Flanagan, William) (Entered: 12/07/2015)

Dec. 7, 2015
36

NOTICE of Appearance by Anna Rachel Dray-Siegel on behalf of Katherine A. Chmiel, Paul Henderson, Carol Higgins O'Brien, Massachusetts Department of Correction, Sean Medeiros, Steven O'Brien, Kelly Ryan (Dray-Siegel, Anna) (Entered: 04/13/2016)

April 13, 2016 PACER
11

NOTICE of Appearance by Curtis L.S. Carpenter on behalf of Massachusetts Partnership for Correctional Healthcare, LLC (Carpenter, Curtis) (Entered: 12/07/2015)

Dec. 7, 2015
37

ELECTRONIC NOTICE Setting Hearing on Motion 26 MOTION to Certify Class : Motion Hearing set for 5/18/2016 02:00 PM in Courtroom 22 before Judge George A. OToole Jr.. Please mark your calendars accordingly. (Lyness, Paul) (Entered: 04/14/2016)

April 14, 2016 PACER
12

AFFIDAVIT OF SERVICE Executed by Rolando Jimenez, Louis Markham, Jennifer Ward, George Skinder, Leonard Briggs, Francis McGowan, Eric Roldan. Massachusetts Partnership for Correctional Healthcare, LLC served on 12/18/2015, answer due 1/8/2016. Acknowledgement filed by Rolando Jimenez; Louis Markham; Jennifer Ward; George Skinder; Leonard Briggs; Francis McGowan; Eric Roldan. (Bonneau, Alexandra) (Entered: 12/29/2015)

Dec. 29, 2015
13

AFFIDAVIT OF SERVICE Executed by Rolando Jimenez, Louis Markham, Jennifer Ward, George Skinder, Leonard Briggs, Francis McGowan, Eric Roldan. Massachusetts Department of Correction served on 12/29/2015, answer due 1/19/2016. Acknowledgement filed by Rolando Jimenez; Louis Markham; Jennifer Ward; George Skinder; Leonard Briggs; Francis McGowan; Eric Roldan. (Bonneau, Alexandra) (Entered: 12/29/2015)

Dec. 29, 2015
38

Opposition re 26 MOTION to Certify Class filed by Katherine A. Chmiel, Paul Henderson, Carol Higgins O'Brien, Massachusetts Department of Correction, Sean Medeiros, Steven O'Brien, Kelly Ryan. (Attachments: # 1 Exhibit A)(Hanson, Kirk) (Entered: 04/15/2016)

April 15, 2016 PACER
39

Judge George A. OToole, Jr: ELECTRONIC ORDER entered. The plaintiffs are invited to file a reply brief addressing the arguments raised in the DOC defendants brief (dkt. no. 38). Any such reply brief shall be filed on or before May 13, 2016.(Halley, Taylor) (Entered: 05/03/2016)

May 3, 2016 PACER
14

Assented to MOTION for Extension of Time to January 15, 2016 to File Answer re 1 Complaint,, by Massachusetts Partnership for Correctional Healthcare, LLC.(Carpenter, Curtis) (Entered: 01/04/2016)

Jan. 4, 2016
16

ANSWER to 1 Complaint,, with Jury Demand by Massachusetts Partnership for Correctional Healthcare, LLC.(Carpenter, Curtis) (Entered: 01/15/2016)

Jan. 15, 2016
40

REPLY to Response to 26 MOTION to Certify Class filed by Leonard Briggs, Rolando Jimenez, Louis Markham, Francis McGowan, Eric Roldan, George Skinder, Jennifer Ward. (Pirozzolo, Lisa) (Entered: 05/09/2016)

May 9, 2016 PACER
17

MOTION for Leave to Appear Pro Hac Vice for admission of Deborah Golden Filing fee: $ 100, receipt number 0101−5934269 by Leonard Briggs, Rolando Jimenez, Louis Markham, Francis McGowan, Eric Roldan, George Skinder, Jennifer Ward. (Attachments: # 1 Affidavit of Deborah Golden)(Bonneau, Alexandra) (Entered: 01/19/2016)

Jan. 19, 2016
41

Electronic Clerk's Notes for proceedings held before Judge George A. OToole, Jr: Motion Hearing held on 5/18/2016 re 26 MOTION to Certify Class filed by Louis Markham, Rolando Jimenez, Jennifer Ward, Francis McGowan, Leonard Briggs, George Skinder, Eric Roldan. The court takes the matter under advisement. (Court Reporter: Debra Lajoie at ylajoied@yahoo.com.)(Attorneys present: For Plaintiffs: Lisa Pirozzolo; For Defendants: Kirk Hanson, Curtis Carpenter) (Lyness, Paul) (Entered: 05/18/2016)

May 18, 2016 PACER
18

Judge George A. OToole, Jr: ELECTRONIC ORDER entered granting 17 Motion for Leave to Appear Pro Hac Vice Added Deborah M. Golden. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Lyness, Paul) (Entered: 01/20/2016)

Jan. 20, 2016
42

Judge George A. OToole, Jr: OPINION AND ORDER entered denying 26 Motion to Certify Class (Halley, Taylor)

June 29, 2016 RECAP
62

Judge George A. O'Toole, Jr: ORDER entered granting 61 Motion to Amend (Halley, Taylor)

Dec. 27, 2016 RECAP
19

NOTICE of Appearance by Thomas Vincent DiGangi on behalf of Katherine A. Chmiel, Paul Henderson, Carol Higgins O'Brien, Massachusetts Department of Correction, Sean Medeiros, Steven O'Brien, Kelly Ryan (DiGangi, Thomas) (Entered: 01/21/2016)

Jan. 21, 2016
156

ELECTRONIC ORDER REFERRING CASE TO ADR PROGRAM. Magistrate Judge Dein: After consultation with counsel, I find this matter appropriate for ADR and, accordingly, refer this case for mediation. (Dambrosio, Jolyne) (Entered: 05/08/2018)

May 8, 2018 PACER
20

WAIVER OF SERVICE Returned Executed by Rolando Jimenez, Louis Markham, Jennifer Ward, George Skinder, Leonard Briggs, Francis McGowan, Eric Roldan. Carol Higgins O'Brien waiver sent on 12/29/2015, answer due 2/29/2016. (Bonneau, Alexandra) (Entered: 01/27/2016)

Jan. 27, 2016
21

WAIVER OF SERVICE Returned Executed by Rolando Jimenez, Louis Markham, Jennifer Ward, George Skinder, Leonard Briggs, Francis McGowan, Eric Roldan. Katherine A. Chmiel waiver sent on 12/29/2015, answer due 2/29/2016. (Bonneau, Alexandra) (Entered: 01/27/2016)

Jan. 27, 2016
157

Notice of assignment to ADR Provider. Judge M. Page Kelley appointed.(Garvin, Brendan) (Entered: 05/11/2018)

May 11, 2018 PACER
158

Assented to MOTION for Extension of Time to June 8, 2018 to serve Defendants expert reports (and extend other deadlines) by Massachusetts Department of Correction.(D'Angelo, Dennis) (Entered: 05/14/2018)

May 14, 2018 RECAP
22

WAIVER OF SERVICE Returned Executed by Rolando Jimenez, Louis Markham, Jennifer Ward, George Skinder, Leonard Briggs, Francis McGowan, Eric Roldan. Kelly Ryan waiver sent on 12/29/2015, answer due 2/29/2016. (Bonneau, Alexandra) (Entered: 01/27/2016)

Jan. 27, 2016
23

WAIVER OF SERVICE Returned Executed by Rolando Jimenez, Louis Markham, Jennifer Ward, George Skinder, Leonard Briggs, Francis McGowan, Eric Roldan. Paul Henderson waiver sent on 12/29/2015, answer due 2/29/2016. (Bonneau, Alexandra) (Entered: 01/27/2016)

Jan. 27, 2016
159

ELECTRONIC NOTICE of Hearing. Alternative Dispute Resolution Hearing set for 6/22/2018 09:30 AM in Courtroom 24 before Magistrate Judge M. Page Kelley. Telephone Conference re mediation set for 6/18/2018 02:00 PM in Courtroom 24 before Magistrate Judge M. Page Kelley. Counsel wishing to be heard may participate by calling 1-866-434-5269 and entering Access Code 7576465. Counsel are advised to dial in to the teleconference number five minutes before the hearing. INSTRUCTIONS - Counsel and principals are directed to be present and to have full settlement authority. They should be prepared to stay until 6:00 p.m. A brief mediation memorandum addressing both the merits of the case and the filing party's settlement position should be submitted to patricia_macdougall@mad.uscourts.gov no later than June 14, 2018 (preferably via email to patricia_macdougall@mad.uscourts.gov or to her attention via hand delivery to the Chambers of Mag. Judge Kelley, Suite 7-410). The mediation memorandum should be marked "Confidential - Not for Docketing" and is not to be served upon opposing parties. Counsel are asked to accommodate this date. In the event that you believe the case is not ripe for mediation at this time, or if the date poses a serious conflict, please confer with opposing counsel and email Kellyann Moore (kellyann_moore@mad.uscourts.gov) and request another date. Please email Patricia MacDougall with any other mediation related issues(Moore, Kellyann)(Moore, Kellyann) (Entered: 05/15/2018)

May 15, 2018 PACER
24

WAIVER OF SERVICE Returned Executed by Rolando Jimenez, Louis Markham, Jennifer Ward, George Skinder, Leonard Briggs, Francis McGowan, Eric Roldan. Sean Medeiros waiver sent on 12/29/2015, answer due 2/29/2016. (Bonneau, Alexandra) (Entered: 01/27/2016)

Jan. 27, 2016
160

Magistrate Judge Judith G. Dein: ELECTRONIC ORDER entered granting 158 Defendants' Assented to Motion for Extension of Deadlines. Expert discovery completed by 8/3/18; Summary Judgment & Daubert Motions due 10/22/18; Oppositions due 10/22/18; Replies due 11/5/18. (Dambrosio, Jolyne) (Entered: 05/15/2018)

May 15, 2018 PACER

Order on Motion for Miscellaneous Relief

March 15, 2019 PACER
25

WAIVER OF SERVICE Returned Executed by Rolando Jimenez, Louis Markham, Jennifer Ward, George Skinder, Leonard Briggs, Francis McGowan, Eric Roldan. Steven O'Brien waiver sent on 12/29/2015, answer due 2/29/2016. (Bonneau, Alexandra) (Entered: 01/27/2016)

Jan. 27, 2016

Scheduling Order

June 28, 2019 PACER

Order on Motion for Extension of Time

June 28, 2019 PACER

Order on Motion for Order

June 28, 2019 PACER
207

Judge George A. OToole, Jr: ORDER entered granting 199 Motion for Settlement (Lyness, Paul)

July 26, 2019 RECAP
209

Letter/request (non-motion) from Paul Hanlon. (Halley, Taylor) (Entered: 08/06/2019)

Aug. 6, 2019 PACER
210

Assented to MOTION to Continue Final Fairness Hearing to September 23, 2019 - September 24, 2019 - October 1, 2019 by Leonard Briggs, Rolando Jimenez, Louis Markham, Francis McGowan, Eric Roldan, George Skinder, Jennifer Ward.(Kosan, Lindsay) (Entered: 08/08/2019)

Aug. 8, 2019 PACER
211

Judge George A. OToole, Jr: ELECTRONIC ORDER entered granting 210 Motion to Continue Final Fairness Hearing set for 10/1/2019 02:00 PM in Courtroom 22 before Judge George A. OToole Jr.. Please make the change in your calendars. (Lyness, Paul) (Entered: 08/14/2019)

Aug. 14, 2019 PACER

Order on Motion to Continue

Aug. 14, 2019 PACER
212

Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Emily Gunston Filing fee: $ 100, receipt number 0101-7831186 by Leonard Briggs, Rolando Jimenez, Louis Markham, Francis McGowan, Eric Roldan, George Skinder, Jennifer Ward.(Kosan, Lindsay) (Entered: 08/14/2019)

Aug. 14, 2019 PACER
213

Judge George A. O'Toole, Jr: ELECTRONIC ORDER entered granting 212 Motion for Leave to Appear Pro Hac Vice Added Emily Gunston. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Halley, Taylor) (Entered: 08/15/2019)

Aug. 15, 2019 PACER

Order on Motion for Leave to Appear

Aug. 15, 2019 PACER
214

Letter/request (non-motion) from Paul Hanlon. (Halley, Taylor) (Entered: 08/26/2019)

Aug. 26, 2019 PACER
215

Letter/request (non-motion) from John Serino. (Halley, Taylor) (Halley, Taylor). (Additional attachment(s) added on 9/4/2019: # 1 Exhibit) (Halley, Taylor). (Entered: 09/04/2019)

Sept. 4, 2019 PACER
216

Electronic Clerk's Notes for proceedings held before Judge George A. OToole, Jr: Status Conference held on 9/11/2019. (Court Reporter: Kathleen Silva at kathysilva@verizon.net.)(Attorneys present: For Plaintiffs: Alexandra Lavin, Tatum Pritchard; For Defendants: Timothy Pomarole, Charles Anderson) (Lyness, Paul) (Entered: 09/12/2019)

Sept. 12, 2019 PACER
217

ELECTRONIC NOTICE Canceling Hearing. Due to a scheduling conflict, the fairness hearing scheduled for 10/1/19 is being cancelled. Court and counsel to confer on alternate dates. (Lyness, Paul) (Entered: 09/30/2019)

Sept. 30, 2019 PACER
218

ELECTRONIC NOTICE of Hearing.Fairness Hearing set for 11/6/2019 11:00 AM in Courtroom 22 before Judge George A. OToole Jr.. Please mark your calendars accordingly.(Lyness, Paul) (Entered: 10/21/2019)

Oct. 21, 2019 PACER
219

Electronic Clerk's Notes for proceedings held before Judge George A. OToole, Jr: Hearing re Final approval hearing held on 11/6/2019. The court approves the final settlement. Parties to submit a proposed final order for the court's review. (Court Reporter: Kathleen Silva at kathysilva@verizon.net.)(Attorneys present: For Plaintiffs: Lisa Pirozzolo, Alexandra Lavin, Tatum Pritchard; For Defendants: timothy Pomarole, Anna Rachel Dray-Siegel) (Lyness, Paul) (Entered: 11/06/2019)

Nov. 6, 2019 PACER
44

JOINT SUBMISSION pursuant to Local Rule 16.1 by Leonard Briggs, Rolando Jimenez, Louis Markham, Francis McGowan, Eric Roldan, George Skinder, Jennifer Ward.(Porter, Alathea) (Entered: 07/25/2016)

July 25, 2016
45

CERTIFICATION pursuant to Local Rule 16.1 by Leonard Briggs.(Porter, Alathea) (Entered: 07/25/2016)

July 25, 2016
220

NOTICE by Leonard Briggs, Rolando Jimenez, Louis Markham, Francis McGowan, Eric Roldan, George Skinder, Jennifer Ward (Joint Notice of Submission of Proposed Order) (Attachments: # 1 Proposed Settlement Approval Order, # 2 Exhibit 1 - Settlement Agreement)(Pirozzolo, Lisa) (Entered: 11/15/2019)

Nov. 15, 2019 PACER
221

Case no longer referred to Magistrate Judge Judith G. Dein. (Dambrosio, Jolyne) (Entered: 11/22/2019)

Nov. 22, 2019 PACER
46

CERTIFICATION pursuant to Local Rule 16.1 by Rolando Jimenez.(Porter, Alathea) (Entered: 07/25/2016)

July 25, 2016
222

Judge George A. O'Toole, Jr: ORDER entered. FINAL SETTLEMENT APPROVAL ORDER (Attachments: # 1 Exhibit SETTLEMENT AGREEMENT)(Halley, Taylor) (Entered: 11/25/2019)

1 Exhibit SETTLEMENT AGREEMENT

View on PACER

Nov. 25, 2019 RECAP
47

CERTIFICATION pursuant to Local Rule 16.1 by Louis Markham.(Porter, Alathea) (Entered: 07/25/2016)

July 25, 2016
48

CERTIFICATION pursuant to Local Rule 16.1 by Francis McGowan.(Porter, Alathea) (Entered: 07/25/2016)

July 25, 2016
223

MOTION Motion to extend Deadlines Assented to by Massachusetts Department of Correction.(Pomarole, Timothy) (Entered: 11/29/2019)

Nov. 29, 2019 PACER
224

MOTION for Summary Judgment by Katherine A. Chmiel, Paul Henderson, Carol Higgins O'Brien, Massachusetts Department of Correction, Sean Medeiros, Steven O'Brien, Kelly Ryan.(Pomarole, Timothy) (Entered: 12/20/2019)

Dec. 20, 2019 RECAP
49

CERTIFICATION pursuant to Local Rule 16.1 by Eric Roldan.(Porter, Alathea) (Entered: 07/25/2016)

July 25, 2016
225

MEMORANDUM in Support re 224 MOTION for Summary Judgment filed by Katherine A. Chmiel, Paul Henderson, Carol Higgins O'Brien, Massachusetts Department of Correction, Sean Medeiros, Steven O'Brien, Kelly Ryan. (Pomarole, Timothy) (Entered: 12/20/2019)

Dec. 20, 2019 PACER
50

CERTIFICATION pursuant to Local Rule 16.1 by George Skinder.(Porter, Alathea) (Entered: 07/25/2016)

July 25, 2016
226

STATEMENT of facts . (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 1-A, # 3 Exhibit Exhibit 1-B, # 4 Exhibit Exhibit 1-C, # 5 Exhibit Exhibit 1-D, # 6 Exhibit Exhibit 1-E, # 7 Exhibit Exhibit 1-F, # 8 Exhibit Exhibit 1-G, # 9 Exhibit Exhibit 1-H, # 10 Exhibit Exhibit 1-I, # 11 Exhibit Exhibit 2, # 12 Exhibit Exhibit 2-A, # 13 Exhibit Exhibit 2B, # 14 Exhibit Exhibit 3, # 15 Exhibit Exhibit 3-A, # 16 Exhibit Exhibit 3-B, # 17 Exhibit Exhibit 3-C, # 18 Exhibit Exhibit 3-D, # 19 Exhibit Exhibit 3-E, # 20 Exhibit Exhibit 3-F, # 21 Exhibit Exhibit 3-G, # 22 Exhibit Exhibit 4, # 23 Exhibit Exhibit 5, # 24 Exhibit Exhibit 6, # 25 Exhibit Exhibit 7, # 26 Exhibit Exhibit 8, # 27 Exhibit Exhibit 9, # 28 Exhibit Exhibit 10)(Pomarole, Timothy) (Entered: 12/20/2019)

Dec. 20, 2019 RECAP
51

CERTIFICATION pursuant to Local Rule 16.1 by Jennifer Ward.(Porter, Alathea) (Entered: 07/25/2016)

July 25, 2016
227

MOTION to Strike Expert Testimony by Katherine A. Chmiel, Paul Henderson, Carol Higgins O'Brien, Massachusetts Department of Correction, Sean Medeiros, Steven O'Brien, Kelly Ryan.(Pomarole, Timothy) (Entered: 12/20/2019)

Dec. 20, 2019 PACER
52

CERTIFICATION pursuant to Local Rule 16.1 by the Massachusetts Department of Correction, Carol Higgins O'Brien, Katherine Chmiel, Kelly Ryan, Sean Medeiros, Steven O'Brien, and Paul Henderson . (Hanson, Kirk) Modified on 7/25/2016 (Jones, Sherry). (Entered: 07/25/2016)

July 25, 2016
228

MEMORANDUM in Support re 227 MOTION to Strike Expert Testimony filed by Katherine A. Chmiel, Paul Henderson, Carol Higgins O'Brien, Massachusetts Department of Correction, Sean Medeiros, Steven O'Brien, Kelly Ryan. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3)(Pomarole, Timothy) (Entered: 12/20/2019)

Dec. 20, 2019 PACER
53

CERTIFICATION pursuant to Local Rule 16.1 by Massachusetts Partnership for Correctional Healthcare LLC . (Carpenter, Curtis) (Entered: 07/25/2016)

July 25, 2016
229

Letter/ Non Motion by Emory G. Snell, Jr.(Halley, Taylor) Modified on 12/31/2019 (Lyness, Paul). Document placed under seal as it may include confidential communications with counsel. Modified on 1/23/2020 (Halley, Taylor). (Entered: 12/31/2019)

Dec. 31, 2019 PACER
54

Electronic Clerk's Notes for proceedings held before Judge George A. OToole, Jr: Scheduling Conference held on 8/1/2016. Fact discovery to be completed by 6/1/17. ( Status Conference set for 2/6/2017 02:00 PM in Courtroom 22 before Judge George A. OToole Jr..). (Court Reporter: Marcia Patrisso at m.patrisso@outlook.com.)(Attorneys present: For Plaintiffs: Alathea Porter; For Defendants: Kirk Hanson, Curtis Carpenter) (Lyness, Paul) (Entered: 08/01/2016)

Aug. 1, 2016
55

Joint MOTION for Protective Order by Leonard Briggs, Rolando Jimenez, Louis Markham, Francis McGowan, Eric Roldan, George Skinder, Jennifer Ward. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A to Proposed Order)(Pirozzolo, Lisa) (Entered: 09/01/2016)

Sept. 1, 2016
230

Assented to MOTION for Extension of Time to January 28, 2020 to File Opposition to Defendants' Motion for Summary Judgment and Motion to Exclude Expert Testimony ; and Any Replies Shall be Filed by February 11, 2020 by Leonard Briggs, Rolando Jimenez, Louis Markham, Francis McGowan, Eric Roldan, George Skinder, Jennifer Ward.(Lavin, Alexandra) (Entered: 01/10/2020)

Jan. 10, 2020 PACER
56

Judge George A. O'Toole, Jr: ORDER entered granting 55 Motion for Protective Order (Halley, Taylor) (Entered: 10/12/2016)

Oct. 11, 2016
231

Judge George A. OToole, Jr: ELECTRONIC ORDER entered granting nunc pro tunc 223 MOTION Motion to extend Deadlines (Halley, Taylor) (Entered: 01/14/2020)

Jan. 14, 2020 PACER

Order on Motion for Extension of Time

Jan. 14, 2020 PACER
57

NOTICE of Withdrawal of Appearance by Thomas Vincent DiGangi (DiGangi, Thomas) (Entered: 10/25/2016)

Oct. 25, 2016

Order on Motion for Miscellaneous Relief

Jan. 14, 2020 PACER
58

NOTICE of Appearance by Dennis N. D'Angelo on behalf of Katherine A. Chmiel, Paul Henderson, Carol Higgins O'Brien, Massachusetts Department of Correction, Sean Medeiros, Steven O'Brien, Kelly Ryan (D'Angelo, Dennis) (Entered: 10/31/2016)

Oct. 31, 2016
232

Judge George A. O'Toole, Jr: ELECTRONIC ORDER entered granting 230 Assented to MOTION for Extension of Time to January 28, 2020 to File Opposition to Defendants' Motion for Summary Judgment and Motion to Exclude Expert Testimony ; and Any Replies Shall be Filed by February 11, 2020 (Halley, Taylor) (Entered: 01/14/2020)

Jan. 14, 2020 PACER
59

NOTICE of Appearance by Jocelyn M. Keider on behalf of Leonard Briggs, Rolando Jimenez, Louis Markham, Francis McGowan, Eric Roldan, George Skinder, Jennifer Ward (Keider, Jocelyn) (Entered: 11/07/2016)

Nov. 7, 2016
233

Verified Motion of Class Action Member Emory G. Snell, Jr., Requesting Show Cause for Contempt of Settlement Agreement.(Halley, Taylor) (Entered: 01/23/2020)

Jan. 22, 2020 PACER
60

NOTICE of Withdrawal of Appearance by Alathea E. Porter (Porter, Alathea) (Entered: 11/21/2016)

Nov. 21, 2016
61

Joint MOTION to Amend 56 Order on Motion for Protective Order by Leonard Briggs, Rolando Jimenez, Louis Markham, Francis McGowan, Eric Roldan, George Skinder, Jennifer Ward. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Keider, Jocelyn) (Entered: 12/07/2016)

Dec. 7, 2016
234

NOTICE of Withdrawal of Appearance by Anna Rachel Dray-Siegel (Dray-Siegel, Anna) (Entered: 01/24/2020)

Jan. 24, 2020 PACER

State / Territory: Massachusetts

Case Type(s):

Prison Conditions

Disability Rights/Public Accommodations

Special Collection(s):

Deaf or Blind in Jail/Prison

Key Dates

Filing Date: Nov. 24, 2015

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Deaf or hard of hearing prisoners in the Massachusetts Department of Corrections.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Washington Lawyers' Committee

Prisoners' Legal Services of Massachusetts

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Commissioner, State

Massachusetts Partner for Correctional Healthcare, Private Entity/Person

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.

Religious Freedom Rest. Act/Religious Land Use and Inst. Persons Act (RFRA/RLUIPA)

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

Constitutional Clause(s):

Equal Protection

Special Case Type(s):

Non-court arbitration/mediation

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2019 - None

Content of Injunction:

Auditing

Monitor/Master

Provide antidiscrimination training

Reasonable Accommodation

Recordkeeping

Reporting

Issues

General:

Access to public accommodations - governmental

Communication skills

Effective Communication (ADA)

Individualized planning

Reasonable Accommodations

Reasonable Modifications

Screen readers and similar accessibility devices

TTY/Close Captioning/Videophone/etc.

Discrimination-area:

Accommodation / Leave

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Hearing impairment

Type of Facility:

Government-run