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
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 13, 2022

ECF Number Description Date Link
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
42

Judge George A. OToole, Jr: OPINION AND ORDER entered denying 26 Motion to Certify Class (Halley, Taylor) (Entered: 06/29/2016)

June 29, 2016
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
46

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

July 25, 2016
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
49

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

July 25, 2016
50

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

July 25, 2016
51

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

July 25, 2016
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
53

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

July 25, 2016
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
56

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

Oct. 11, 2016
57

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

Oct. 25, 2016
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
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
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
63

NOTICE of Appearance by Seth Moskowitz on behalf of Leonard Briggs, Rolando Jimenez, Louis Markham, Francis McGowan, Eric Roldan, George Skinder, Jennifer Ward (Moskowitz, Seth) (Entered: 01/10/2017)

Jan. 10, 2017
64

NOTICE of Withdrawal of Appearance by Alexandra B. Bonneau (Bonneau, Alexandra) (Entered: 01/11/2017)

Jan. 11, 2017
65

Transcript of Scheduling Conference held on August 1, 2016, before Judge George A. OToole. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Marcia Patrisso at m.patrisso@outlook.com Redaction Request due 2/15/2017. Redacted Transcript Deadline set for 2/27/2017. Release of Transcript Restriction set for 4/25/2017. (Scalfani, Deborah) (Entered: 01/25/2017)

Jan. 25, 2017
66

NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above−captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general−info.htm (Scalfani, Deborah) (Entered: 01/25/2017)

Jan. 25, 2017
67

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to Count I and II of Plaintiffs' Complaint by Massachusetts Partnership for Correctional Healthcare, LLC.(Carpenter, Curtis) (Entered: 01/26/2017)

Jan. 26, 2017
68

MEMORANDUM in Support re 67 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to Count I and II of Plaintiffs' Complaint filed by Massachusetts Partnership for Correctional Healthcare, LLC. (Attachments: # 1 Exhibit 1)(Carpenter, Curtis) (Entered: 01/26/2017)

Jan. 26, 2017
69

MOTION to Compel Document Production and Supplemental Interrogatory Responses from Defendant MPCH by Leonard Briggs, Rolando Jimenez, Louis Markham, Francis McGowan, Eric Roldan, George Skinder, Jennifer Ward.(Keider, Jocelyn) (Entered: 01/26/2017)

Jan. 26, 2017
70

MEMORANDUM in Support re 69 MOTION to Compel Document Production and Supplemental Interrogatory Responses from Defendant MPCH filed by Leonard Briggs, Rolando Jimenez, Louis Markham, Francis McGowan, Eric Roldan, George Skinder, Jennifer Ward. (Keider, Jocelyn) (Entered: 01/26/2017)

Jan. 26, 2017
71

DECLARATION re 69 MOTION to Compel Document Production and Supplemental Interrogatory Responses from Defendant MPCH by Leonard Briggs, Rolando Jimenez, Louis Markham, Francis McGowan, Eric Roldan, George Skinder, Jennifer Ward. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K)(Keider, Jocelyn) (Entered: 01/26/2017)

Jan. 26, 2017
72

Opposition re 69 MOTION to Compel Document Production and Supplemental Interrogatory Responses from Defendant MPCH filed by Massachusetts Partnership for Correctional Healthcare, LLC. (Attachments: # 1 Exhibit A: Plaintiffs Written Discovery Requests, # 2 Exhibit B: E−mail from Attorney Alathea Porter, # 3 Exhibit C: MPCHs Response to Plaintiffs Request for Production of Documents, # 4 Exhibit D: Affidavit of Curtis L.S. Carpenter, # 5 Exhibit E: MPCHs Answers to Interrogatories, # 6 Exhibit F: Letter from Attorney Alexandra Bonneau dated November 7, 2016, # 7 Exhibit G: Letter from Attorney Alexandra Bonneau dated December 9, 2016, # 8 Exhibit H: E−mail from counsel for DOC, dated January 20, 2017, # 9 Exhibit I: E−mail from counsel for MPCH, dated January 25, 2016, # 10 Exhibit J: E−mail from counsel for MPCH, dated January 26, 2016)(Carpenter, Curtis) (Entered: 02/06/2017)

Feb. 6, 2017
73

Joint MOTION for Extension of Time to 2/21/2017 to File Opposition to MPCH's Motion to Dismiss by Leonard Briggs, Rolando Jimenez, Louis Markham, Francis McGowan, Eric Roldan, George Skinder, Jennifer Ward.(Moskowitz, Seth) (Entered: 02/06/2017)

Feb. 6, 2017
75

Set/Reset Deadlines as to 67 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to Count I and II of Plaintiffs' Complaint . Responses due by 2/21/2017 (Lyness, Paul) (Entered: 02/06/2017)

Feb. 6, 2017
76

NOTICE of Appearance by Kate R. Isley on behalf of Massachusetts Department of Correction, Sean Medeiros, Steven O'Brien (Isley, Kate) (Entered: 02/16/2017)

Feb. 16, 2017
77

Transcript of Scheduling Conference held on February 6, 2017, before Judge George A. OToole. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Marcia Patrisso at m.patrisso@outlook.com Redaction Request due 3/14/2017. Redacted Transcript Deadline set for 3/24/2017. Release of Transcript Restriction set for 5/22/2017. (Scalfani, Deborah) (Entered: 02/21/2017)

Feb. 21, 2017
78

NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above−captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general−info.htm (Scalfani, Deborah) (Entered: 02/21/2017)

Feb. 21, 2017
79

Opposition re 67 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to Count I and II of Plaintiffs' Complaint filed by Leonard Briggs, Rolando Jimenez, Louis Markham, Francis McGowan, Eric Roldan, George Skinder, Jennifer Ward. (Moskowitz, Seth) (Entered: 02/21/2017)

Feb. 21, 2017
80

Electronic Clerk's Notes for proceedings held before Judge George A. OToole, Jr: Status Conference held on 3/6/2017, ( Status Conference set for 5/1/2017 02:00 PM in Courtroom 22 before Judge George A. OToole Jr..). (Court Reporter: Joan Daly at joanmdaly62@gmail.com.)(Attorneys present: For Plaintiffs: Jocelyn Keider, Seth Moskowitz; For Defendants: Dennis D'Angelo, Kate Isley, Curtis Carpenter) (Lyness, Paul) (Entered: 03/06/2017)

March 6, 2017
81

REDACTED Transcript of Status Conference held on March 6, 2017, before Judge George A. OToole. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Joan Daly at joanmdaly62@gmail.com Redaction Request due 3/31/2017. Redacted Transcript Deadline set for 4/10/2017. Release of Transcript Restriction set for 6/8/2017. (Scalfani, Deborah) (Additional attachment(s) added on 4/7/2017: # 1 Redacted) (Scalfani, Deborah). Modified on 4/7/2017 (Scalfani, Deborah). (Entered: 03/10/2017)

March 10, 2017
82

NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above−captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general−info.htm (Scalfani, Deborah) (Entered: 03/10/2017)

March 10, 2017
83

NOTICE of Intent to Request Redaction by Jocelyn M. Keider re 81 Transcript, (Keider, Jocelyn) (Entered: 03/21/2017)

March 21, 2017
84

Transcript Redaction Request re 81 Transcript, by attorney Jocelyn M. Keider. (Keider, Jocelyn) (Entered: 03/31/2017)

March 31, 2017
85

Joint MOTION to Redact 81 Transcript, by Leonard Briggs, Rolando Jimenez, Louis Markham, Francis McGowan, Eric Roldan, George Skinder, Jennifer Ward.(Keider, Jocelyn) (Entered: 03/31/2017)

March 31, 2017
87

Electronic Clerk's Notes for proceedings held before Judge George A. OToole, Jr: Status Conference held on 5/1/2017; discovery disputed addressed mostly stemming for documents production (electronic and paper); Court will assign the Magistrate Judge for purposes of discovery, and defer on any request for extension of discovery until case returned by the Magistrate Judge; scheduling a hearing re 67 Motion to Dismiss is to be determined. (Court Reporter: Marcia Patrisso at m.patrisso@outlook.com.)(Attorneys present: Carpenter, D'Angelo, Isley, Keider, and Moskowitz) (Lovett, Jarrett) (Entered: 05/01/2017)

May 1, 2017
88

Judge George A. OToole, Jr: ELECTRONIC ORDER entered. REFERRING CASE to Magistrate Judge Judith G. Dein Referred for: Discovery (d). Further information: management of all discovery issues..(Lyness, Paul) (Entered: 05/04/2017)

May 4, 2017
89

Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Philip Fornaci Filing fee: $ 100, receipt number 0101−6612442 by Leonard Briggs, Rolando Jimenez, Louis Markham, Francis McGowan, Eric Roldan, George Skinder, Jennifer Ward. (Attachments: # 1 Exhibit A)(Keider, Jocelyn) (Entered: 05/04/2017)

May 4, 2017
90

NOTICE of Appearance by Jessica L. Lewis on behalf of Leonard Briggs, Rolando Jimenez, Louis Markham, Francis McGowan, Eric Roldan, George Skinder, Jennifer Ward (Lewis, Jessica) (Entered: 05/04/2017)

May 4, 2017
91

Judge George A. O'Toole, Jr: ELECTRONIC ORDER entered granting 89 Motion for Leave to Appear Pro Hac Vice Added Philip Fornaci. 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: 05/05/2017)

May 5, 2017
92

ELECTRONIC NOTICE issued requesting courtesy copy of 71 Affidavit in Support of Plaintiffs' Motion to Compel and 72 Defendant's Opposition to Plaintiffs' Motion to Compel. Counsel who filed these documents is requested to submit a courtesy copy to Magistrate Judge Dein by 5/15/17. The documents must be clearly marked as a Courtesy Copy, reflect the document numbers assigned by CM/ECF, and the exhibits must be tabbed. (Dambrosio, Jolyne) (Entered: 05/08/2017)

May 8, 2017
93

ELECTRONIC NOTICE SETTING HEARING on 69 Plaintiffs' MOTION to Compel Document Production and Supplemental Interrogatory Responses from Defendant MPCH: Motion Hearing set for 5/23/2017 11:00 AM in Courtroom 15 before Magistrate Judge Judith G. Dein. (Dambrosio, Jolyne) (Entered: 05/10/2017)

May 10, 2017
94

Transcript of Status Conference held on May 1, 2017, before Judge George A. OToole. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Marcia Patrisso at m.patrisso@outlook.com Redaction Request due 6/2/2017. Redacted Transcript Deadline set for 6/12/2017. Release of Transcript Restriction set for 8/10/2017. (Scalfani, Deborah) (Entered: 05/12/2017)

May 12, 2017
95

NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above−captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general−info.htm (Scalfani, Deborah) (Entered: 05/12/2017)

May 12, 2017
96

Joint MOTION for Extension of Time to September 15, 2017 to Complete Discovery (Fact Discovery) by Leonard Briggs, Rolando Jimenez, Louis Markham, Francis McGowan, Eric Roldan, George Skinder, Jennifer Ward.(Keider, Jocelyn) (Entered: 05/18/2017)

May 18, 2017
97

NOTICE of Withdrawal of Appearance by Deborah Golden (Golden, Deborah) (Entered: 05/22/2017)

May 22, 2017
99

ELECTRONIC NOTICE OF HEARING. Status Conference set for 9/12/2017 10:00 AM in Courtroom 15 before Magistrate Judge Judith G. Dein. See Docket No. 98 for details. (Dambrosio, Jolyne) (Entered: 05/23/2017)

May 23, 2017
100

Electronic Clerk's Notes for proceedings held before Magistrate Judge Judith G. Dein: Status Conference held on 5/23/2017.; case called; #96 Motion to compel is withdrawn; Counsel report case type, status of discovery; court adopts discovery schedule and sets next conference for 9/12/17 @ 10:00am. (Court Reporter: Digital Recording.) To order a copy of this Digital Recording, please go to http://www.mad.uscourts.gov/attorneys/Magistrate−Audio.htm . For a transcript of this proceeding, contact Deborah Scalfani by email at deborah_scalfani@mad.uscourts.gov.(Attorneys present: Moskowitz, Carpenter, D'Angelo and Isley) (Quinn, Thomas) (Entered: 05/26/2017)

May 23, 2017
101

Transcript of Status Conference held on May 23, 2017, before Magistrate Judge Judith G. Dein. The Transcript may be purchased through Karen Aveyard at k.aveyard@comcast.net, viewed at the public terminal, or viewed through PACER after it is released. No Reporter Used. Digital Recording transcribed by Karen Aveyard. Redaction Request due 7/19/2017. Redacted Transcript Deadline set for 7/31/2017. Release of Transcript Restriction set for 9/26/2017. (Scalfani, Deborah) (Entered: 06/28/2017)

June 28, 2017
102

NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above−captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general−info.htm (Scalfani, Deborah) (Entered: 06/28/2017)

June 28, 2017
103

STATUS REPORT (Joint) by Leonard Briggs, Rolando Jimenez, Louis Markham, Francis McGowan, Eric Roldan, George Skinder, Jennifer Ward. (Moskowitz, Seth) (Entered: 08/01/2017)

Aug. 1, 2017
104

ELECTRONIC NOTICE OF HEARING. Status Conference set for 8/16/2017 10:30 AM in Courtroom 15 before Magistrate Judge Judith G. Dein. (Dambrosio, Jolyne) (Entered: 08/03/2017)

Aug. 3, 2017
105

Assented to MOTION to Take Deposition from Incarcerated Named Plaintiffs by Katherine A. Chmiel, Paul Henderson, Carol Higgins O'Brien, Massachusetts Department of Correction, Sean Medeiros, Steven O'Brien, Kelly Ryan.(Hanson, Kirk) (Entered: 08/14/2017)

Aug. 14, 2017
106

Magistrate Judge Judith G. Dein: ELECTRONIC ORDER entered granting 105 Defendants' Assented to Motion to Take Deposition from Incarcerated Named Plaintiffs. (Dambrosio, Jolyne) (Entered: 08/15/2017)

Aug. 15, 2017
107

Magistrate Judge Judith G. Dein: ORDER entered. SCHEDULING ORDER: Status Conference set for 9/12/2017 10:00 AM in Courtroom 15 before Magistrate Judge Judith G. Dein. (Dambrosio, Jolyne) (Entered: 08/16/2017)

Aug. 16, 2017

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:

Reasonable Accommodation

Provide antidiscrimination training

Reporting

Monitor/Master

Recordkeeping

Auditing

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