Case: Smith v. Reinke

1:12-cv-00030 | U.S. District Court for the District of Idaho

Filed Date: Jan. 23, 2012

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On January 23, 2012, a deaf inmate incarcerated at the Idaho State Correctional Institution filed a complaint in the U.S. District Court for the District of Idaho. The plaintiff sued the Idaho Department of Correction (IDOC) under the Americans with Disabilities Act and the Rehabilitation Act. Specifically, the plaintiff claimed that IDOC's failure to provide him with a videophone meant he was denied an equal opportunity to communicate with people outside the prison. The plaintiff, represented …

On January 23, 2012, a deaf inmate incarcerated at the Idaho State Correctional Institution filed a complaint in the U.S. District Court for the District of Idaho. The plaintiff sued the Idaho Department of Correction (IDOC) under the Americans with Disabilities Act and the Rehabilitation Act. Specifically, the plaintiff claimed that IDOC's failure to provide him with a videophone meant he was denied an equal opportunity to communicate with people outside the prison. The plaintiff, represented by Disability Rights Idaho, sought declaratory and injunctive relief as well as attorneys’ fees and costs. The case was initially assigned to Judge Candy W Dale, but later reassigned to Judge B. Lynn Winmill and then Judge Dee V. Benson.

The plaintiff claimed that the text telephone (TTY) provided by the prison did not allow him to communicate in his primary language (American Sign Language). Furthermore, the technology was becoming obsolete as the number of people using a TTY outside of prison had decreased due to changing technology.

The case was referred to Magistrate Judge Larry M. Boyle when the parties agreed to a settlement conference to be held on October 31, 2012. The parties attempted to reach a settlement between 2012 and 2014 but ultimately could not reach an agreement. The defendant filed a motion for a jury trial, which was denied on May 27, 2014. The case was referred to Judge Dee V. Bensen for a Settlement Conference.

The parties reached a settlement on January 16, 2015, in which IDOC agreed to provide the plaintiff with access to a videophone, as well as training for the plaintiff and designated IDOC staff members in the operation of the videophone technology. The agreement also required IDOC to pay $35,000 to the plaintiffs' attorneys, Disability Rights Idaho. On January 29, 2015, Chief Judge B. Lynn Winmill ordered the case be dismissed with prejudice, based on the parties’ settlement.

[Although the settlement agreement is not part of the docket, Disability Rights Idaho posted it on their website.]

Summary Authors

Averyn Lee (1/31/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5071488/parties/smith-v-reinke/


Judge(s)

Benson, Dee Vance (Utah)

Winmill, B. Lynn (Idaho)

Attorneys(s) for Plaintiff

Butler, Mary J. (Idaho)

Cunningham, Amy (Idaho)

Holthus, Courtney Rose (Idaho)

Howard, Krista L. (Idaho)

Kubinski, Mark A. (Idaho)

Loomis, William M. (Idaho)

Mickelsen, J Carl (Idaho)

Attorneys(s) for Defendant

Hayes, Leslie Marie (Idaho)

Judge(s)

Benson, Dee Vance (Utah)

Winmill, B. Lynn (Idaho)

Attorneys(s) for Plaintiff

Butler, Mary J. (Idaho)

Cunningham, Amy (Idaho)

Holthus, Courtney Rose (Idaho)

Howard, Krista L. (Idaho)

Kubinski, Mark A. (Idaho)

Loomis, William M. (Idaho)

Mickelsen, J Carl (Idaho)

Attorneys(s) for Defendant

Hayes, Leslie Marie (Idaho)

Documents in the Clearinghouse

Document

Docket

Jan. 23, 2012 Docket
1

Complaint

Jan. 23, 2012 Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5071488/smith-v-reinke/

Last updated May 20, 2022, 5:04 a.m.

ECF Number Description Date Link
1

COMPLAINT against Brent Reinke, Johanna Smith ( Filing fee $ 350 receipt number 0976-839600.), filed by Randolph O. Smith. (Attachments: # 1 Cover Sheet Cover Sheet, # 2 Summons Reinke Summons, # 3 Summons Warden Smith Summons)(Mickelsen, J)

1 Cover Sheet Cover Sheet

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2 Summons Reinke Summons

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3 Summons Warden Smith Summons

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Jan. 23, 2012 RECAP
2

Summons Issued as to Brent Reinke, Johanna Smith. (Print attached Summons for service.) (Attachments: # 1 Summons issued)(dks)

1 Summons issued

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Jan. 24, 2012 PACER
3

SUMMONS Returned Executed by Randolph O. Smith. Brent Reinke served on 1/30/2012, answer due 2/21/2012; Johanna Smith served on 1/30/2012, answer due 2/21/2012. (Attachments: # 1 Affidavit Proof of Service)(Mickelsen, J)

1 Affidavit Proof of Service

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Feb. 2, 2012 PACER
4

NOTICE of Appearance by William Michael Loomis on behalf of Brent Reinke, Johanna Smith (Loomis, William)

Feb. 13, 2012 PACER
5

NOTICE of Assignment to Magistrate Judge and Requirement for Consent sent to counsel for Brent Reinke, Johanna Smith, Randolph O. Smith re 1 Complaint, 4 Notice of Appearance. Consent/Objection to Magistrate due by 4/19/2012. (jm)

Feb. 15, 2012 PACER
6

ANSWER to 1 Complaint, Complaint by Brent Reinke, Johanna Smith.(Loomis, William)

Feb. 17, 2012 PACER
7

REQUEST FOR REASSIGNMENT TO DISTRICT JUDGE AND REASSIGNMENT OF CASE. Case reassigned to Judge B. Lynn Winmill for all further proceedings. Judge Candy W Dale no longer assigned to case. Please use this case number on all future pleadings, 1:12-cv-30-BLW(jm)

March 12, 2012 PACER
8

Docket entry only - CONSENT to Magistrate Judge filed. (jm) (Entered: 04/17/2012)

April 16, 2012 PACER
9

SCHEDULING ORDER. ADR Plan to be filed by 8/31/2012. Factual Discovery due by 12/28/2012. Dispositive Motions due by 6/28/2013. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjm) (Entered: 05/17/2012)

May 16, 2012 PACER
10

NOTICE of Substitution - Attorney Mary Jo Butler,Courtney Rose Stottler for Randolph O. Smith added. Attorney J Carl Mickelsen terminated. (Mickelsen, J)

May 17, 2012 PACER
11

DOCKET ENTRY ORDER - The parties have agreed to a settlement conference to be held in this matter on October 31, 2012. IT IS HEREBY ORDERED THAT this matter shall be referred to The Honorable Larry M. Boyle, U.S. Magistrate Judge for the District of Idaho, for the purpose of conducting a Settlement Conference. Local Rule 16.4. The Settlement Conference shall be held in Courtroom #1 on the 6th Floor of the James A. McClure Federal Building and U.S. Courthouse in Boise, Idaho, and shall begin at 9:30 a.m. A separate Settlement Questionnaire will be forthcoming from Judge Boyle, as well as a separate Order of Transport. If the parties have questions, they may contact Brandon Karpen, Judge Boyle's Law Clerk at 334-9010. Signed by Judge B. Lynn Winmill. (sbh)

Sept. 13, 2012 PACER

Set Hearings: Settlement Conference set for 10/31/2012 09:30 AM in Boise - Courtroom 1 before Judge Larry M. Boyle. Per Order dkt #11.(cjm)

Sept. 13, 2012 PACER
12

ORDER SETTING SETTLEMENT CONFERENCE re 11 Order. A settlement conference is set for 9:30 am (MDT), Wednesday, October 31, 2012, at the United States Courthouse in Boise, Idaho. Each party shall prepare and submit to the Court on or before Wednesday, October 24, 2012, at 5:00 p.m. (MDT), a candid summation of its assessment of the strengths of its case and the strengths of the opposing party's case.. Signed by Judge Larry M. Boyle. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (krb) (Entered: 09/14/2012)

Sept. 13, 2012 PACER
13

MOTION Appoint ASL Interpreter Plaintiff's Motion to Appoint an ASL Interpreter Courtney Rose Holthus appearing for Plaintiff Randolph O. Smith. Responses due by 10/19/2012 (Attachments: # 1 Memorandum in Support)(Holthus, Courtney)

1 Memorandum in Support

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Sept. 25, 2012 PACER
14

RESPONSE to Motion re 13 MOTION Appoint ASL Interpreter Plaintiff's Motion to Appoint an ASL Interpreter Defendants' Notice of Non-Opposition filed by Brent Reinke, Johanna Smith. Replies due by 10/15/2012.(Loomis, William)

Sept. 26, 2012 PACER
15

DOCKET ENTRY ORDER granting 13 Motion for Attendance of an ASL Interpreter. The Clerk's office shall arrange for attendance and payment of an ASL interpreter at the settlement conference. Signed by Judge Larry M. Boyle. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (bk)

Sept. 28, 2012 PACER
16

ORDER to Transport Prisoner. IDOC to take appropriate measures to transport Randolph Smith to Courtroom #1 in Boise on 10/31/2012 beginning at 9:00 a.m. for Settlement Conference at 9:30 a.m. (Notice sent to USMS) Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjm)

Oct. 12, 2012 PACER

CERTIFICATE OF SERVICE by Clerk of Court of emailing 16 Order to Transport Prisoner to dbromley@idoc.idaho.gov, vbates@idoc.idaho.gov, sthompso@idoc.idaho.gov (cjm)

Oct. 12, 2012 PACER
17

Minute Entry for proceedings held before Judge Larry M. Boyle: Settlement Conference held on 10/31/2012: The parties and their counsel met and engaged in meaningful negotiations. No settlement was reached at this time and the parties agreed to recess the conference for two weeks. The Settlement Conference will be continued on November 15, 2012, at 1:30 pm. The order granting attendance and payment of the ALS interpreter 15 shall remain in effect. (Court Reporter/ESR bk.) (bk)THESE MINUTES SHALL STAND AS THE ORDER OF THE COURT

Oct. 31, 2012 PACER

Reset Hearings: re: 17 Minute Entry Settlement Conference set for 11/15/2012 01:30 PM in Boise - Courtroom 1 before Judge Larry M. Boyle. (krb)

Oct. 31, 2012 PACER
18

ORDER to Transport ; IDOC to take appropriate measures to transport Randolph Smith to Courtrooom #1 on 11/15/12 for a second settlement conference set for 1:30 PM before The Honorable Larry M. Boyle. It will be necessary for the Idaho Department of Correction (IDOC) to transport inmate Randolph Smith on Thursday, November 15, 2012 at 1:00 p.m. (30 minutes ahead of the 1:30 p.m. conference start time)(Notice sent to USMS). Signed by Judge B. Lynn Winmill. (cc: dbromley@idoc.idaho.gov, vbates@idoc.idaho.gov, sthompson@idoc.idaho.gov; paper copy to USMS)(caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ja)

Nov. 5, 2012 PACER
19

Minute Entry for proceedings held before Judge Larry M. Boyle: On November 15, 2012, the Court reconvened the judicially supervised settlement conference. All counsel of record, Plaintiff, and a authorized representatives for Defendant, appeared, negotiated and participated in good faith. The parties committed to continued negotiations and will report to the should the case settle. (Court Reporter/ESR bk.) (bk)

Nov. 15, 2012 PACER
20

STIPULATION Motion to Extend Discovery Deadlines by Randolph O. Smith. (Holthus, Courtney)

Nov. 20, 2012 PACER
21

AMENDED SCHEDULING ORDER Discovery due by 6/28/2013. Dispositive Motions due by 8/30/2013. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)

Dec. 26, 2012 PACER
22

Joint MOTION for Extension of Time to Complete Discovery Courtney Rose Holthus appearing for Plaintiff Randolph O. Smith. Responses due by 5/20/2013 (Holthus, Courtney)

April 25, 2013 PACER
23

ORDER re: 22 Joint MOTION for Extension of Time to Complete Discovery . Discovery due by 9/30/2013. Dispostive Motions due by 11/29/2013. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjm)

April 29, 2013 PACER
24

NOTICE of Substitution - Attorney Amy Cunningham for Randolph O. Smith added. Attorney Mary Jo Butler terminated. (Holthus, Courtney)

Feb. 4, 2014 PACER
25

MOTION to Strike 6 Answer to Complaint Defendants' Demand for Jury Trial Courtney Rose Holthus appearing for Plaintiff Randolph O. Smith. Responses due by 3/17/2014 (Attachments: # 1 Memorandum in Support Memorandum in Support of Motion to Strike Defendants' Demand for Jury Trial)(Holthus, Courtney)

1 Memorandum in Support Memorandum in Support of Motion to Strike Defendants'

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Feb. 19, 2014 PACER
26

NOTICE OF HEARING: A Telephonic Status Conference is set for 3/5/2014 at 10:00 AM before Judge B. Lynn Winmill for the purpose of setting a trial date. Plaintiff is directed to initiate the conference call. The Court can be reached at 208-334-9145. (jlg)

Feb. 20, 2014 PACER
27

DOCKET ENTRY NOTICE OF VACATED HEARING - The Telephonic Status Conference scheduled for March 5, 2014 is VACATED. The Status Conference will be rescheduled after the Court's ruling regarding 25 Motion to Strike Defendants' Demand for Jury Trial. (jlg)

Feb. 24, 2014 PACER
28

DOCKET ENTRY ORDER - IT IS HEREBY ORDERED THAT the Motion to Strike 25 shall be referred to The Honorable Robert J. Bryan, Senior United States District Judge for the Western District of Washington, sitting by special designation. The Motion will be submitted on the briefs without oral argument. Signed by Judge B. Lynn Winmill (sbh).

March 10, 2014 PACER
29

RESPONSE to Motion re 25 MOTION to Strike 6 Answer to Complaint Defendants' Demand for Jury Trial filed by Brent Reinke, Johanna Smith. Replies due by 3/28/2014.(Loomis, William)

March 11, 2014 PACER
30

MOTION Empanel advisory jury William Michael Loomis appearing for Defendants Brent Reinke, Johanna Smith. Responses due by 4/4/2014 (Attachments: # 1 Memorandum in Support)(Loomis, William)

1 Memorandum in Support

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March 11, 2014 PACER
31

The Court hereby VACATES its March 11, 2014 order referring the pending motion to strike (Dkt. 25) to Judge Bryan. Signed by Judge B. Lynn Winmill. (mls)

March 12, 2014 PACER
32

MEMORANDUM in Opposition re 30 MOTION Empanel advisory jury filed by Randolph O. Smith. Replies due by 4/21/2014.(Holthus, Courtney)

April 2, 2014 PACER
33

REPLY to Response to Motion re 30 MOTION Empanel advisory jury filed by Brent Reinke, Johanna Smith.(Loomis, William)

April 14, 2014 PACER
34

REPLY to Response to Motion re 30 MOTION Empanel advisory jury filed by Brent Reinke, Johanna Smith.(Loomis, William)

April 14, 2014 PACER

CORRECTIVE ENTRY - The entry docket number 33 Reply to Response to Motion filed by Johanna Smith, Brent Reinke was filed incorrectly in this case. The filing party correctly filed at docket 34. (cjm)

April 14, 2014 PACER
35

MEMORANDUM DECISION AND ORDER. Plaintiff's unopposed Motion to Strike Defendant's Demand for a Jury Trial 25 is GRANTED. Defendant's Motion to Empanel an Advisory Jury 30 is DENIED.. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)

May 27, 2014 RECAP
36

NOTICE OF HEARING: A Telephonic Status Conference is set for 6/17/2014 at 11:00 AM before Judge B. Lynn Winmill for the purpose of setting a trial date. The Court can be reached at 208-3334-9145. (jlg)

May 28, 2014 PACER
37

ORDER SETTING TRIAL. Parties shall notify the Court on or before 12/8/2014 that the case has either settled or will definitely go to trial. (Motions in Limine due by 12/15/2014. Bench Trial set for 1/20/2015 09:00 AM in Boise - Courtroom 3 before Judge B. Lynn Winmill. Telephonic Pretrial Conference set for 1/6/2015 10:00 AM before Judge B. Lynn Winmill.). Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)

June 19, 2014 PACER
38

ORDER VACATING REFERRAL, SETTING SETTLEMENT CONFERENCE AND SETTLEMENT QUESTIONNAIRE. IT IS HEREBY ORDERED THAT the Order of Referral filed on 9/13/2012 11 for the Honorable Larry M. Boyle to conduct a Settlement Conference is hereby vacated. This matter shall be referred for a Settlement Conference to Senior United States District Judge Dee V. Benson. Parties shall file a summation of its assessment of the strengths of it's case and the opposing party's case by 8/8/2014 at 5:00 p.m. (MT). (Settlement Conference set for 8/21/2014 09:30 AM in Boise - Courtroom 1 before Judge Dee V Benson.). Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)

June 19, 2014 PACER
39

ORDER TO TRANSPORT INMATE. IT IS ORDERED that the Idaho Department of Correction officials shall take appropriate measures to transport inmate Randolph O. Smith on 8/21/2014 to arrive at 9:00 a.m. The inmate shall be transported to the James A. McClure Federal Building and United States Courthouse, 550 West Fort Street, 6th Floor, Courtroom #1, Boise, Idaho. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)

June 19, 2014 PACER
40

ORDER FOR INTERPRETER SERVICES. IT IS HEREBY ORDERED THAT interpreter services shall be provided for Plaintiff Smith, who is hearing impaired, as noted in ยง 255.10(c), with costs to be incurred at judiciary expense. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)

June 20, 2014 PACER
41

Minute Entry for proceedings held before Judge Dee V Benson: Settlement Conference held on 8/21/2014 Case not settled. Time in Court 5 hours. (Court Reporter Ed Young.) (so) (Entered: 08/26/2014)

Aug. 21, 2014 PACER
42

NOTICE of Substitution - Attorney Mark Alan Kubinski,Leslie Marie Hayes for Brent Reinke,Mark Alan Kubinski,Leslie Marie Hayes for Johanna Smith added. Attorney William Michael Loomis terminated. (Kubinski, Mark)

Sept. 18, 2014 PACER
43

MOTION in Limine to Exclude Proffered Evidence or Argument Regarding the IDOC's Inmate Kiosks and Video Visitation Feature Courtney Rose Holthus appearing for Plaintiff Randolph O. Smith. Responses due by 10/20/2014 (Attachments: # 1 Memorandum in Support Memorandum in Support of Plaintiffs Motion in Limine, # 2 Affidavit Affidavit of Courtney R. Holthus in Support of Plaintiff's Motion in Limine, # 3 Exhibit Exhibit A, # 4 Exhibit Exhibit B, # 5 Exhibit Exhibit C, # 6 Exhibit Exhibit D, # 7 Exhibit Exhibit E, # 8 Exhibit Exhibit F, # 9 Exhibit Exhibit G, # 10 Exhibit Exhibit H, # 11 Exhibit Exhibit I)(Holthus, Courtney)

1 Memorandum in Support Memorandum in Support of Plaintiffs Motion in Limine

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2 Affidavit Affidavit of Courtney R. Holthus in Support of Plaintiff's Motion

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3 Exhibit Exhibit A

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4 Exhibit Exhibit B

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5 Exhibit Exhibit C

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6 Exhibit Exhibit D

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7 Exhibit Exhibit E

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8 Exhibit Exhibit F

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9 Exhibit Exhibit G

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10 Exhibit Exhibit H

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11 Exhibit Exhibit I

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Sept. 26, 2014 PACER
44

MOTION to Continue Trial Leslie Marie Hayes appearing for Defendants Brent Reinke, Johanna Smith. Responses due by 10/24/2014 (Attachments: # 1 Memorandum in Support, # 2 Affidavit of Juliet McKay, # 3 Affidavit of Leslie Hayes)(Hayes, Leslie)

1 Memorandum in Support

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2 Affidavit of Juliet McKay

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3 Affidavit of Leslie Hayes

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Sept. 30, 2014 PACER
45

DOCKET ENTRY ORDER: The Court hereby expedites the briefing schedule for the pending motion to continue trial (Dkt. 44) as follows: The response brief shall be filed by Tuesday, October 14, 2014 by 5:00 p.m., Mountain Time. The reply brief, if any, shall be filed within seven calendar days after the response brief is filed. Signed by Judge B. Lynn Winmill. (mls)

Oct. 8, 2014 PACER

Set/Reset Deadlines as to 44 MOTION to Continue Trial. Responses due by 10/14/2014. (Per dkt #45) (st)

Oct. 8, 2014 PACER
46

RESPONSE to Motion re 44 MOTION to Continue Trial Plaintiffs Response in Opposition to Defendants Motion to Continue Trial filed by Randolph O. Smith. Replies due by 10/31/2014. (Attachments: # 1 Affidavit Affidavit of Courtney R. Holthus In Support of Plaintiffs Response in Opp to Defendants Motion to Continue Trial)(Holthus, Courtney)

1 Affidavit Affidavit of Courtney R. Holthus In Support of Plaintiffs Response in

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Oct. 14, 2014 PACER
47

AMENDED DOCUMENT by Randolph O. Smith. Amendment to 43 MOTION in Limine to Exclude Proffered Evidence or Argument Regarding the IDOC's Inmate Kiosks and Video Visitation Feature Amended Affidavit of Courtney R. Holthus in Support of Motion in Limine. (Holthus, Courtney)

Oct. 14, 2014 PACER
48

REPLY to Response to Motion re 44 MOTION to Continue Trial filed by Brent Reinke, Johanna Smith.(Hayes, Leslie)

Oct. 20, 2014 PACER
49

MEMORANDUM DECISION AND ORDER. IT IS ORDERED that Defendants' Motion to Continue Trial 44 is DENIED. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)

Oct. 24, 2014 RECAP
50

NOTICE of Appearance by Krista Lynn Howard on behalf of All Defendants (Howard, Krista)

Nov. 10, 2014 PACER
51

STIPULATION re 37 Order, Set Deadlines/Hearings,,,, to continue trial by Brent Reinke, Johanna Smith, Randolph O. Smith. (Kubinski, Mark)

Dec. 8, 2014 PACER
52

ORDER GRANTING STIPULATION TO CONTINUE TRIAL & TRIAL-SETTING ORDER. The 1/20/2014 trial in this action, as well as all deadlines set forth in the Court's 6/19/2014 Trial-Setting Order (Dkt. 37), are hereby VACATED. The pending motion in limine 43 is DEEMED MOOT. The parties shall notify the Court on or before 2/2/2015 that the case has either settled or will definitely go to trial. (Motions in Limine due by 2/9/2015. Bench Trial reset for 3/16/2015 09:00 AM in Boise - Courtroom 3 before Judge B. Lynn Winmill. Telephonic Pretrial Conference set for 2/24/2015 10:00 AM in Boise Chambers before Judge B. Lynn Winmill.). Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)

Dec. 9, 2014 PACER
53

STIPULATION of Dismissal with prejudice by Brent Reinke, Johanna Smith. (Kubinski, Mark)

Jan. 28, 2015 PACER
54

ORDER FOR DISMISSAL WITH PREJUDICE. Based on the stipulation of the parties 53, it is hereby ORDERED that this case be dismissed with prejudice. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)

Jan. 29, 2015 PACER
55

JUDGMENT. In accordance with the Order issued concurrently herewith, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that judgment be entered and that this case be dismissed in its entirety, with prejudice. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)

Jan. 29, 2015 PACER

State / Territory: Idaho

Case Type(s):

Prison Conditions

Disability Rights/Public Accommodations

Special Collection(s):

Deaf or Blind in Jail/Prison

Key Dates

Filing Date: Jan. 23, 2012

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A deaf incarcerated adult and Disability Rights Idaho

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Idaho Department of Correction (Boise), State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

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

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: 35000

Content of Injunction:

Training

Issues

General:

Phone

TTY/Close Captioning/Videophone/etc.

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Hearing impairment

Language:

Other

Type of Facility:

Government-run