Case: Berke v. Federal Bureau of Prisons

1:12-cv-01347 | U.S. District Court for the District of Columbia

Filed Date: Aug. 14, 2012

Closed Date: 2013

Clearinghouse coding complete

Case Summary

On August 14, 2012, a deaf individual awaiting his BOP surrender date filed this lawsuit in the United States District Court of the District of Columbia. The plaintiff sued the Federal Bureau of Prisons (“BOP”), and the Director of BOP under the Rehabilitation Act of 1973 and the First, Fifth, and Eighth Amendments. The plaintiff, represented by his attorney, sought a temporary restraining order to ensure he would have access to a qualified ASL interpreter, non-aural notification of emergencies…

On August 14, 2012, a deaf individual awaiting his BOP surrender date filed this lawsuit in the United States District Court of the District of Columbia. The plaintiff sued the Federal Bureau of Prisons (“BOP”), and the Director of BOP under the Rehabilitation Act of 1973 and the First, Fifth, and Eighth Amendments. The plaintiff, represented by his attorney, sought a temporary restraining order to ensure he would have access to a qualified ASL interpreter, non-aural notification of emergencies, a videophone, and costs and fees.

The plaintiff claimed that the lack of accommodations would discriminatorily impair his ability to effectively communicate, violate his due process right to an interpreter at disciplinary hearings, deny his right to adequate medical treatment, right to informed consent to and privacy in medical treatment, his right to a reasonably safe environment, and deny his right to freedom of speech. Specifically, he claimed that the prison facility failed to provide qualified ASL interpreters and other meaningful auxiliary aids, which prevented adequate communication of disciplinary rules. He further alleged that the absence of qualified interpreters denied him the ability to communicate medical information, give informed consent, and receive mental health services. The plaintiff argued that the use of other inmates as interpreters during medical and mental health appointments violates the constitutional right to privacy in medical treatment. He claimed the defendants failed to provide his right to a reasonably safe environment by failing to provide adequate alarms, pagers, or message boards that would alert him to an emergency. Finally, the plaintiff alleged that the failure to provide him with appropriate telecommunication equipment impaired his ability to communicate with his family and friends outside the prison.

On August 17, 2012, District Judge Huvelle denied the motion for temporary restraining order as moot and converted it into a motion for a preliminary injunction. The defendants opposed the motion on September 4, 2012, because after the plaintiff filed, the BOP assigned him to a different federal detention center in order to provide him with access to the accommodations he sought and place him closer to his family.

The plaintiff responded on September 17 that auxiliary aids the defendants had offered were still insufficient under the Act. He alleged that the new facility in Tucson had no videophones, which he would need to communicate with his two youngest children who could communicate only through sign language, as they were too young to read or write fluently. His home had no telephone line, necessary to use the TTY telephone equipment the defendants offered. One of his children lived with his mother, the plaintiff’s wife, to care for her during her illness, and had access solely to VideoPhone.

The defendants submitted a supplemental declaration on September 25, 2012, outlining the prison’s plan to further accommodate the plaintiff. The parties stipulated to the plan, that included among other things, assigning an inmate to act as the plaintiff’s helper, assistance with the TTY system, providing live interpretation during medical and disciplinary-related activities, installing emergency lights as visual alarms, providing inmate email for public notices and messages, and providing the plaintiff a dry erase board and pens to communicate with staff. The only dispute that the parties were unable to settle was the videophone issue. That same day, Judge Huvelle heard testimony on this issue.

On September 27, 2012, Judge Huvelle ordered the defendants to complete an evaluation by May 25, 2013 to determine whether providing a videophone “would result in a fundamental alteration in the nature of a program or activity or in undue financial and administrative burdens.” Judge Huvelle granted the plaintiff’s motion for preliminary injunction in part because the defendants had failed to meet their burden of proving the installation of a video system would result in undue financial and administrative burdens, but denied the motion insofar as it sought an order requiring the installation. Judge Huvelle approved the parties’ stipulation and administratively closed the matter but maintained jurisdiction in case the plaintiff amended his complaint based on the defendant’s videophone evaluation.

The plaintiff moved for attorney fees on October 9, 2012. Judge Huvelle sent the attorney fees motion to Magistrate Judge John M. Facciola on November 2, 2012. The defendants opposed the plaintiff’s attorney fees motion because they argues he was not the prevailing party, the fees were unreasonably, and the costs were unjustified. On April 29, 2013, Judge Huvelle awarded attorneys fees but reduced what the plaintiff asked for by 40%, for a total of $69,291.60. Judge Huvelle awarded the plaintiff costs related to filing fees, photocopying, deposition transcripts, interpreter services, and the per diem rates for his expert witnesses, totaling $2,744.43, but reduced the amount based on the plaintiff’s level of success to $1,646.66. 942 F.Supp.2d 71.

On May 30, 2013, the defendants notified the Court that the plaintiff had received a written determination regarding his request of a video phone. The case is now closed.

Summary Authors

Erica Lignell (2/1/2019)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5033646/parties/berke-v-federal-bureau-of-prisons/


Judge(s)

Huvelle, Ellen Segal (District of Columbia)

Attorneys(s) for Plaintiff

Finkenstadt, Ivy (Virginia)

Fornaci, Phillip Jerome (District of Columbia)

Gardner, Elizabeth [Elaine] Elaine (District of Columbia)

Golden, Deborah Maxine (District of Columbia)

Mollenhauer, Alli (District of Columbia)

Panagopoulos, Constantinos G. (District of Columbia)

Attorneys(s) for Defendant

Francis, Tricia D. (District of Columbia)

Guzman, Javier M (District of Columbia)

Judge(s)

Huvelle, Ellen Segal (District of Columbia)

Attorneys(s) for Plaintiff

Finkenstadt, Ivy (Virginia)

Fornaci, Phillip Jerome (District of Columbia)

Gardner, Elizabeth [Elaine] Elaine (District of Columbia)

Golden, Deborah Maxine (District of Columbia)

Mollenhauer, Alli (District of Columbia)

Panagopoulos, Constantinos G. (District of Columbia)

Attorneys(s) for Defendant

Francis, Tricia D. (District of Columbia)

Guzman, Javier M (District of Columbia)

Documents in the Clearinghouse

Document

1:12-cv-01347

Docket

Jan. 27, 2019

Jan. 27, 2019

Docket
36

1:12-cv-01347

Memorandum Opinion

942 F.Supp.2d 71

Aug. 14, 2012

Aug. 14, 2012

Order/Opinion
1

1:12-cv-01347

Complaint

Aug. 14, 2012

Aug. 14, 2012

Complaint
25

1:12-cv-01347

Transcript of Evidentiary Hearing Held Before the Honorable Ellen Segal Huvelle, U.S. District Judge

Sept. 25, 2012

Sept. 25, 2012

Transcript
16

1:12-cv-01347

Stipulation and Order

Sept. 26, 2012

Sept. 26, 2012

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5033646/berke-v-federal-bureau-of-prisons/

Last updated Aug. 14, 2022, 3:16 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against FEDERAL BUREAU OF PRISONS, CHARLES E. SAMUELS, JR ( Filing fee $ 350, receipt number 4616050662) filed by LARRY BERKE. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Civil Cover Sheet)(jf, ) (Entered: 08/15/2012)

Aug. 14, 2012

Aug. 14, 2012

Clearinghouse

SUMMONS (4) Issued as to FEDERAL BUREAU OF PRISONS, CHARLES E. SAMUELS, JR, U.S. Attorney and U.S. Attorney General (jf, )

Aug. 14, 2012

Aug. 14, 2012

PACER
2

MOTION for Temporary Restraining Order by LARRY BERKE (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Text of Proposed Order)(jf, ) (Entered: 08/15/2012)

1 Exhibit 1

View on RECAP

2 Exhibit 2

View on PACER

3 Text of Proposed Order

View on PACER

Aug. 14, 2012

Aug. 14, 2012

RECAP
3

NOTICE of Appearance by Ivy Ann Finkenstadt on behalf of LARRY BERKE (Finkenstadt, Ivy) (Entered: 08/16/2012)

Aug. 16, 2012

Aug. 16, 2012

PACER
4

NOTICE of Appearance by Elizabeth Elaine Gardner on behalf of LARRY BERKE (Gardner, Elizabeth) (Entered: 08/16/2012)

Aug. 16, 2012

Aug. 16, 2012

PACER

Minute Entry for proceedings held before Judge Ellen S. Huvelle: Telephone Conference held in Chambers on 8/16/2012. (gdf)

Aug. 16, 2012

Aug. 16, 2012

PACER
5

ORDER denying 2 plaintiff's Motion for a Temporary Restraining Order as moot, scheduling a conference call for August 23, 2012, at 10:00 a.m., and scheduling a hearing for September 25, 2012, at 9:30 a.m. in Courtroom 23A. See Order for details. Signed by Judge Ellen S. Huvelle on August 17, 2012. (lcesh1) (Entered: 08/17/2012)

Aug. 17, 2012

Aug. 17, 2012

PACER

Set/Reset Hearings: Status Conference set for 9/25/2012 at 9:30 AM in Courtroom 23A before Judge Ellen S. Huvelle. Telephone Conference set for 8/23/2012 at 10:00 AM in Chambers before Judge Ellen S. Huvelle. (gdf)

Aug. 20, 2012

Aug. 20, 2012

PACER
6

SCHEDULING ORDER: See Order for details. Signed by Judge Ellen S. Huvelle on August 24, 2012. (lcesh1) (Entered: 08/24/2012)

Aug. 24, 2012

Aug. 24, 2012

PACER

Minute Entry for proceedings held before Judge Ellen S. Huvelle: Telephone Conference held Chambers on 8/24/2012. (gdf)

Aug. 24, 2012

Aug. 24, 2012

PACER

Set/Reset Deadlines: Joint Status Report due by 9/21/2012. (gdf)

Aug. 25, 2012

Aug. 25, 2012

PACER
7

Memorandum in opposition to re 2 MOTION for Temporary Restraining Order filed by FEDERAL BUREAU OF PRISONS, CHARLES E. SAMUELS, JR. (Attachments: # 1 Exhibit)(Francis, Tricia) (Entered: 09/04/2012)

Sept. 4, 2012

Sept. 4, 2012

PACER

MINUTE ORDER: Pursuant to the conference call held this date, a hearing on the parties' discovery dispute is set for September 17, 2012, at 2:00 p.m., in Courtroom 23A. Signed by Judge Ellen S. Huvelle on September 13, 2012. (lcesh1)

Sept. 13, 2012

Sept. 13, 2012

PACER
8

MOTION to Compel Discovery Responses by LARRY BERKE (Panagopoulos, Constantinos) (Entered: 09/17/2012)

Sept. 17, 2012

Sept. 17, 2012

PACER

VACATED PURSUANT MINUTE ORDER FILED ON 09/17/2012.....MINUTE ORDER: By consent of the parties, it is hereby ORDERED that the hearing on the parties' discovery dispute currently set for 2:00 p.m. on September 17, 2012, is continued until 10:00 a.m. on September 18, 2012, in Courtroom 23A. SO ORDERED. Signed by Judge Ellen S. Huvelle on September 17, 2012. (lcesh1) Modified on 9/18/2012 (zjf, ).

Sept. 17, 2012

Sept. 17, 2012

PACER

VACATED PURSUANT TO MINUTE ORDER FILED ON 09/17/2012.....Set/Reset Hearings: Status Conference set for 9/18/2012 at 10:00 AM in Courtroom 23A before Judge Ellen S. Huvelle. (gdf) Modified on 9/18/2012 (zjf, ).

Sept. 17, 2012

Sept. 17, 2012

PACER
9

MINUTE ORDER: Pursuant to the representations of the parties on the conference call held this date, it is hereby ORDERED that the hearing scheduled for 10:00 a.m. on September 18, 2012, is VACATED. Signed by Judge Ellen S. Huvelle on September 17, 2012. (lcesh1) (Entered: 09/17/2012)

Sept. 17, 2012

Sept. 17, 2012

PACER
10

RESPONSE re 2 MOTION for Temporary Restraining Order Reply Memorandum filed by LARRY BERKE. (Attachments: # 1 Exhibit A - September 12, 2012 E-mail, # 2 Exhibit B - Dennis Cokely Expert Report, # 3 Exhibit C - Richard Lorenzo Ray Expert Report)(Panagopoulos, Constantinos) (Entered: 09/17/2012)

1 Exhibit A - September 12, 2012 E-mail

View on PACER

2 Exhibit B - Dennis Cokely Expert Report

View on RECAP

3 Exhibit C - Richard Lorenzo Ray Expert Report

View on RECAP

Sept. 17, 2012

Sept. 17, 2012

PACER

Minute Entry for proceedings held before Judge Ellen S. Huvelle: Telephone Conference held in Chambers on 9/17/2012. (gdf)

Sept. 17, 2012

Sept. 17, 2012

PACER

MINUTE ORDER: Pursuant to the representations of the parties on a conference call held this date, it is hereby ORDERED that counsel for defendants shall produce the material that she has agreed to produce to plaintiff by 12:00 p.m. on September 20, 2012. Signed by Judge Ellen S. Huvelle on September 18, 2012. (lcesh1)

Sept. 18, 2012

Sept. 18, 2012

PACER

Minute Entry for proceedings held before Judge Ellen S. Huvelle: Telephone Conference held in Chambers on 9/18/2012. (gdf)

Sept. 18, 2012

Sept. 18, 2012

PACER

Minute Entry for proceedings held before Judge Ellen S. Huvelle: Telephone Conference held in Chambers on 9/20/2012. (gdf)

Sept. 20, 2012

Sept. 20, 2012

PACER
11

STATUS REPORT by LARRY BERKE. (Attachments: # 1 Exhibit Proposed Stipulation and Order)(Panagopoulos, Constantinos) (Entered: 09/21/2012)

Sept. 21, 2012

Sept. 21, 2012

PACER
12

STATUS REPORT by FEDERAL BUREAU OF PRISONS, CHARLES E. SAMUELS, JR. (Francis, Tricia) (Entered: 09/21/2012)

Sept. 21, 2012

Sept. 21, 2012

PACER
13

STATUS REPORT Defendants' Amended Status Report by FEDERAL BUREAU OF PRISONS, CHARLES E. SAMUELS, JR. (Francis, Tricia) (Entered: 09/24/2012)

Sept. 24, 2012

Sept. 24, 2012

PACER
14

MOTION for Leave to File Supplemental Declaration In Support of Defendants' Opposition to Plaintiff's Motion for a Temporary Restraining Order by FEDERAL BUREAU OF PRISONS, CHARLES E. SAMUELS, JR (Attachments: # 1 Text of Proposed Order, # 2 Declaration)(Francis, Tricia) (Entered: 09/24/2012)

Sept. 24, 2012

Sept. 24, 2012

PACER

MINUTE ORDER: It is hereby ORDERED that, for the reasons stated in open court, plaintiff's motion for a preliminary injunction 2 is granted in part and denied in part; plaintiff's motion to compel 8 is denied as moot; and defendants' motion for leave to file a supplemental declaration 14 is granted. The parties shall submit a stipulation of settlement for the Court's consideration by September 27, 2012, at 9 a.m. A written order shall issue thereafter. SO ORDERED. Signed by Judge Ellen S. Huvelle on September 25, 2012. (lcesh1)

Sept. 25, 2012

Sept. 25, 2012

PACER

Minute Entry for proceedings held before Judge Ellen S. Huvelle: Preliminary Injunction Hearing held on 9/25/2012. Order to be entered. Witnesses: Richard Ray, Todd R. Craig. Interpreter(ASL): Mindy Lanie. (Court Reporter Vicki Eastvold) (gdf)

Sept. 25, 2012

Sept. 25, 2012

PACER
15

SUPPLEMENTAL DECLARATION re 7 Memorandum in Opposition by FEDERAL BUREAU OF PRISONS, CHARLES E. SAMUELS, JR. (znmw, ) (Entered: 09/26/2012)

Sept. 25, 2012

Sept. 25, 2012

PACER
16

STIPULATION AND ORDER by LARRY BERKE. (Panagopoulos, Constantinos) (Entered: 09/26/2012)

Sept. 26, 2012

Sept. 26, 2012

Clearinghouse
17

NOTICE of Attorney Withdrawal by LARRY BERKE (Finkenstadt, Ivy) (Entered: 09/27/2012)

Sept. 27, 2012

Sept. 27, 2012

PACER
18

ORDER approving re 16 Stipulation filed by LARRY BERKE. Signed by Judge Ellen S. Huvelle on 9/27/12. (gdf) (Entered: 09/27/2012)

Sept. 27, 2012

Sept. 27, 2012

PACER
19

ORDER administratively closing this matter. See Order for details. Signed by Judge Ellen S. Huvelle on September 27, 2012. (lcesh1) (Entered: 09/27/2012)

Sept. 27, 2012

Sept. 27, 2012

PACER
20

MOTION for Attorney Fees by LARRY BERKE (Attachments: # 1 Text of Proposed Order Proposed Order, # 2 Memorandum in Support, # 3 Declaration, # 4 Declaration)(Panagopoulos, Constantinos) (Entered: 10/09/2012)

Oct. 9, 2012

Oct. 9, 2012

PACER
21

MOTION for Extension of Time to File a Response to Plaintiff's Motion for Attorney Fees by FEDERAL BUREAU OF PRISONS, CHARLES E. SAMUELS, JR (Attachments: # 1 Text of Proposed Order)(Francis, Tricia) (Entered: 10/26/2012)

Oct. 26, 2012

Oct. 26, 2012

PACER

MINUTE ORDER granting 21 Motion for Extension of Time to File a Response to 20 Plaintiff's Motion for Attorney's Fees. Plaintiff's motion will be held in abeyance to permit discussions to settle the motion. If settlement discussions fail, the defendant's response to 20 Plaintiff's Motion for Attorney's Fees will be due on January 2, 2012. Signed by Judge Ellen S. Huvelle on November 2, 2012. (lcesh2)

Nov. 2, 2012

Nov. 2, 2012

PACER
22

ORDER REFERRING MOTION: 20 Plaintiff's Motion for Attorney Fees. Signed by Judge Ellen S. Huvelle on November 2, 2012. (lcesh2) (Entered: 11/02/2012)

Nov. 2, 2012

Nov. 2, 2012

PACER

Minute Entry for proceedings held before Judge Ellen S. Huvelle: Telephone Conference held in Chambers on 11/2/2012. (gdf)

Nov. 2, 2012

Nov. 2, 2012

PACER
23

CASE DIRECTLY REFERRED to Magistrate Judge John M. Facciola for 20 MOTION for Attorney Fees by LARRY BERKE. (kb) (Entered: 11/05/2012)

Nov. 2, 2012

Nov. 2, 2012

PACER

Set/Reset Deadlines: Motion for Attorney's Fees due by 1/2/2013. (gdf)

Nov. 5, 2012

Nov. 5, 2012

PACER
24

ORDER re referral to Judge Facciola for plaintiff's motion for attorney's fees. Signed by Magistrate Judge John M. Facciola on 11/6/12. (SP, ) (Entered: 11/06/2012)

Nov. 6, 2012

Nov. 6, 2012

PACER
25

TRANSCRIPT OF EVIDENTIARY HEARING before Judge Ellen S. Huvelle held on 9/25/2012; Page Numbers: 1-173. Date of Issuance:11/6/2012. Court Reporter Vicki Eastvold, Telephone number 202-354-3242, Court Reporter Email Address : vicki_eastvold@dcd.uscourts.gov.<P></P>For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.<P>NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at ww.dcd.uscourts.gov.<P></P> Redaction Request due 11/27/2012. Redacted Transcript Deadline set for 12/7/2012. Release of Transcript Restriction set for 2/4/2013.(Eastvold, Vicki) (Entered: 11/06/2012)

Nov. 6, 2012

Nov. 6, 2012

Clearinghouse
26

Unopposed MOTION for Extension of Time to File Response/Reply as to 20 MOTION for Attorney Fees by FEDERAL BUREAU OF PRISONS, CHARLES E. SAMUELS, JR (Attachments: # 1 Text of Proposed Order)(Francis, Tricia) (Entered: 12/20/2012)

Dec. 20, 2012

Dec. 20, 2012

PACER

MINUTE ORDER granting 26 Consent Motion for Extension of Time to File Response re 20 MOTION for Attorney Fees: Upon consideration of the Defendants' Motion for An Enlargement of Time for Filing Their Response to Plaintiff's Motion for Attorney Fees, the merits thereof, and for good cause shown, it is HEREBY ORDERED that the motion is granted, and it is FURTHER ORDERED that the Defendants shall have until and up to Friday, January 11, 2013, to file their response to Plaintiff's Motion for Attorney Fees. Signed by Judge Ellen S. Huvelle on December 21, 2012. (AG)

Dec. 21, 2012

Dec. 21, 2012

PACER
27

Unopposed MOTION for Extension of Time to File Response/Reply to Plaintiff's Motion for Attorney Fees by FEDERAL BUREAU OF PRISONS, CHARLES E. SAMUELS, JR (Attachments: # 1 Text of Proposed Order)(Francis, Tricia) (Entered: 01/10/2013)

Jan. 10, 2013

Jan. 10, 2013

PACER

MINUTE ORDER granting 27 Consent Motion for Extension of Time to File Response re 20 plaintiff's MOTION for Attorney Fees: Upon consideration of the Defendants' Motion for An Enlargement of Time for Filing Defendants' Response to Plaintiff's Motion for Attorney Fees, the merits thereof, and for good cause shown, it is hereby ORDERED that the motion is granted; and it is FURTHER ORDERED that the Defendants shall have until and up to Friday, January 25, 2013, to file their response to Plaintiff's Motion for Attorney Fees. Signed by Judge Ellen S. Huvelle on January 11, 2013. (AG)

Jan. 11, 2013

Jan. 11, 2013

PACER
28

NOTICE OF WITHDRAWAL OF APPEARANCE as to LARRY BERKE. Attorney Elizabeth Elaine Gardner terminated. (Gardner, Elizabeth) (Entered: 01/18/2013)

Jan. 18, 2013

Jan. 18, 2013

PACER
29

MOTION for Extension of Time to File Response/Reply to Plaintiff's Motion for Attorney Fees by FEDERAL BUREAU OF PRISONS, CHARLES E. SAMUELS, JR (Attachments: # 1 Text of Proposed Order)(Francis, Tricia) (Entered: 01/24/2013)

Jan. 24, 2013

Jan. 24, 2013

PACER
30

RESPONSE re 29 MOTION for Extension of Time to File Response/Reply to Plaintiff's Motion for Attorney Fees filed by LARRY BERKE. (Panagopoulos, Constantinos) (Entered: 01/25/2013)

Jan. 25, 2013

Jan. 25, 2013

PACER

VACATED PURSUANT TO MINUTE ORDER FILED ON 01/26/2013.....MINUTE ORDER granting 29 Motion for Extension of Time to File Response/Reply. Signed by Magistrate Judge John M. Facciola on 1/26/13. (SP, ) Modified on 1/28/2013 (jf, ).

Jan. 26, 2013

Jan. 26, 2013

PACER

MINUTE ORDER re Magistrate Judge Facciola's Minute Order on Defendants' Motion for Extension of Time to File Response to Plaintiff's Motion for Attorneys' Fees: it is hereby ORDERED that the Minute Order issued by Magistrate Judge Facciola granting defendants' motion for extension of time is VACATED; it is further ORDERED that defendant's motion for extension of time (ECF No. 29 )is GRANTED IN PART AND DENIED IN PART; and it is further ORDERED that defendants shall have until January 31, 2013, to respond to plaintiff's motion for attorneys' fees. Signed by Judge Ellen S. Huvelle on January 26, 2013. (AG)

Jan. 26, 2013

Jan. 26, 2013

PACER

Set/Reset Deadlines: Response to Motion for Attorneys' Fees due by 1/31/2013 (gdf)

Jan. 29, 2013

Jan. 29, 2013

PACER
31

RESPONSE re 20 MOTION for Attorney Fees Defendants' Opposition to Plaintiff's Motion for Attorney Fees and Costs filed by FEDERAL BUREAU OF PRISONS, CHARLES E. SAMUELS, JR. (Attachments: # 1 Exhibit)(Francis, Tricia) (Entered: 01/31/2013)

Jan. 31, 2013

Jan. 31, 2013

PACER
32

REPLY to opposition to motion re 20 MOTION for Attorney Fees filed by LARRY BERKE. (Attachments: # 1 Exhibit A)(Panagopoulos, Constantinos) (Entered: 02/07/2013)

Feb. 7, 2013

Feb. 7, 2013

PACER
33

NOTICE OF WithdrawAL as Attorney by LARRY BERKE (Fornaci, Philip) Modified on 3/5/2013 (jf, ). (Entered: 03/05/2013)

March 5, 2013

March 5, 2013

PACER
34

NOTICE OF SUBSTITUTION OF COUNSEL by Javier M. Guzman on behalf of All Defendants Substituting for attorney Tricia D. Francis (Guzman, Javier) (Entered: 03/12/2013)

March 12, 2013

March 12, 2013

PACER
35

NOTICE of Appearance by Deborah Maxine Golden on behalf of LARRY BERKE (Golden, Deborah) (Entered: 04/08/2013)

April 8, 2013

April 8, 2013

PACER
36

MEMORANDUM OPINION granting in part and denying in part 20 plaintiff's Motion for an Award of Attorney's Fees and Costs. Signed by Judge Ellen S. Huvelle on April 29, 2013. (lcesh2) (Entered: 04/29/2013)

April 29, 2013

April 29, 2013

Clearinghouse
37

ORDER granting in part and denying in part 20 Motion for Attorney's Fees and Costs for the reasons stated in 36 Memorandum Opinion. Signed by Judge Ellen S. Huvelle on April 29, 2013. (lcesh2) (Entered: 04/29/2013)

April 29, 2013

April 29, 2013

PACER
38

NOTICE of Compliance by FEDERAL BUREAU OF PRISONS, CHARLES E. SAMUELS, JR (Guzman, Javier) (Entered: 05/30/2013)

May 30, 2013

May 30, 2013

RECAP

Case Details

State / Territory: District of Columbia

Case Type(s):

Prison Conditions

Disability Rights

Special Collection(s):

Deaf or Blind in Jail/Prison

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 14, 2012

Closing Date: 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The plaintiff was a deaf individual, awaiting his surrender date to the Federal Bureau of Prisons.

Plaintiff Type(s):

Non-DOJ federal government plaintiff

Attorney Organizations:

Washington Lawyers' Committee

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal Bureau of Prisons (District of Columbia), Federal

Defendant Type(s):

Corrections

Case Details

Causes of Action:

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

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Conditional Dismissal

Amount Defendant Pays: $70,866.26

Content of Injunction:

Monitoring

Preliminary relief granted

Issues

General:

Conditions of confinement

Confidentiality

Counseling

Disciplinary procedures

Effective Communication (ADA)

Fire safety

Informed consent/involuntary medication

Language access/needs

Phone

Staff (number, training, qualifications, wages)

TTY/Close Captioning/Videophone/etc.

Discrimination-basis:

Disability (inc. reasonable accommodations)

Language discrimination

Affected Gender:

Male

Disability:

Hearing impairment

Language:

Other