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

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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 Amendments, 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 them 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 their 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 were 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 would 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 court granted the motion for preliminary approval of the settlement on July 26, 2019, and granted final approval on November 25, 2019. For settlement purposes, the court certified a class of “all individuals who are currently in Massachusetts Department of Correction (“DOC”) custody or in the future are placed in DOC custody, and who are currently or in the future become deaf or hard of hearing.”

While the parties settled most of the plaintiffs’ claims, plaintiffs still had a remaining claim that DOC facilities did not have a sufficient means of letting deaf and hard of hearing prisoners know about alarms and announcements, which could cause serious harm to them. On August 20, 2021, the court denied the defendants’ motion for summary judgment on this claim, finding that there was still a factual dispute as to whether the defendants’ policies surrounding emergencies and alerts were effective enough. 2021 WL 3709815.

On the same day, the court granted plaintiffs’ motion for class certification and certified the same class as the settlement class. The court also approved an amendment to the settlement agreement, extending it through November 2023. 2021 WL 3711406.

In 2022, the parties litigated various pretrial disputes. On April 7, 2023, Chief Judge Saylor recused himself from the case and the case was reassigned to Judge Richard G. Stearns. A bench trial was held from August 7 to 18, 2023. The court stayed the case pending the parties' filings of proposed Findings and Rulings.

On November 22, 2023, the plaintiffs asked the court to find the Massachusetts Department of Correction in non-compliance with the settlement agreement. As of December 30, 2023, the court has not yet ruled on the bench trial or on the plaintiffs’ motion, and the case is ongoing.

	Document
1:15-cv-40162	Docket [PACER] Briggs v. Massachusetts Department of Corrections	June 28, 2019	June 28, 2019 Docket
1 1:15-cv-40162	Complaint Briggs v. Massachusetts Department of Correction	Nov. 24, 2015	Nov. 24, 2015 Complaint
26 1:15-cv-40162	Motion for Class Certification Briggs v. Massachusetts Department of Correction	March 4, 2016	March 4, 2016 Pleading / Motion / Brief
42 1:15-cv-40162	Order Denying Motion to Certify Class Briggs v. Massachusetts Department of Correction	June 29, 2016	June 29, 2016 Order/Opinion
199-2 1:15-cv-40162	Settlement Agreement Briggs v. Massachusetts Department of Correction	May 28, 2019	May 28, 2019 Settlement Agreement
246-26 1:15-cv-40162	Expert Report of Gina Hilberry Briggs, Skinder, et al. v. Massachusetts Department of Correction	Aug. 2, 2019	Aug. 2, 2019 Monitor/Expert/Receiver Report
246-27 1:15-cv-40162	Expert Report of Dr. Judy Anne Shepard-Kegl Briggs, Skinder, et al v. Massachusetts Dept of Correction, et al	Aug. 2, 2019	Aug. 2, 2019 Monitor/Expert/Receiver Report
246-26 1:15-cv-40162	Exhibit Z-Expert Report of Gina G. Hilberry, AIA LEED-AP CCS Briggs v. Massachusetts Department of Corrections	Jan. 28, 2020	Jan. 28, 2020 Monitor/Expert/Receiver Report
239 1:15-cv-40162	Plaintiffs' Opposition to Defendant's Motion for Summary Judgment	Jan. 28, 2020	Jan. 28, 2020 Pleading / Motion / Brief
246-27 1:15-cv-40162	Exhibit AA-Expert Report of Dr. Judy Anne Shepard-Kegl, Ph.D. Briggs v. Massachusetts Department of Corrections	Jan. 28, 2020	Jan. 28, 2020 Monitor/Expert/Receiver Report

ECF Number	Description	Date	Link 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	Nov. 24, 2015 Clearinghouse
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	Nov. 24, 2015 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	Nov. 24, 2015 PACER
4	Case transferred to Eastern Division (Boston).(Burgos, Sandra) (Entered: 11/25/2015)	Nov. 25, 2015	Nov. 25, 2015 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	Nov. 25, 2015 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	Nov. 25, 2015 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	Dec. 4, 2015 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	Dec. 7, 2015 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	Dec. 7, 2015 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	Dec. 7, 2015 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	Dec. 7, 2015 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	Dec. 29, 2015 PACER
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	Dec. 29, 2015 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	Jan. 4, 2016 PACER
	Order on Motion for Extension of Time to Answer	Jan. 4, 2016	Jan. 4, 2016 PACER
15	Judge George A. OToole, Jr: ELECTRONIC ORDER entered granting 14 Motion for Extension of Time to Answer re 1 Complaint,, Massachusetts Partnership for Correctional Healthcare, LLC answer due 1/15/2016. (Lyness, Paul) (Entered: 01/04/2016)	Jan. 4, 2016	Jan. 4, 2016 PACER
16	ANSWER to 1 Complaint,, with Jury Demand by Massachusetts Partnership for Correctional Healthcare, LLC.(Carpenter, Curtis) (Entered: 01/15/2016)	Jan. 15, 2016	Jan. 15, 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	Jan. 19, 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	Jan. 20, 2016 PACER
	Order on Motion for Leave to Appear	Jan. 20, 2016	Jan. 20, 2016 PACER
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	Jan. 21, 2016 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	Jan. 27, 2016 PACER
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	Jan. 27, 2016 PACER
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	Jan. 27, 2016 PACER
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	Jan. 27, 2016 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	Jan. 27, 2016 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	Jan. 27, 2016 PACER
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	March 4, 2016 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	March 4, 2016 PACER
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	March 10, 2016 PACER
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	March 10, 2016 PACER
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	March 16, 2016 PACER
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	March 17, 2016 PACER
	Order on Motion for Extension of Time to File Response/Reply	March 17, 2016	March 17, 2016 PACER
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	March 29, 2016 PACER
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	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	March 31, 2016 PACER
	Order on Motion for Extension of Time to File Response/Reply	March 31, 2016	March 31, 2016 PACER
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	April 4, 2016 PACER
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	April 13, 2016 PACER

Case: Briggs v. Mass. Dept. of Corrections

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

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