Case: Smith v. Aroostook County

1:18-cv-00352 | U.S. District Court for the District of Maine

Filed Date: Sept. 6, 2018

Closed Date: Oct. 7, 2019

Clearinghouse coding complete

Case Summary

On September 6, 2018, a female prisoner at Aroostook County Jail filed this lawsuit in the United States District Court for the District of Maine. Represented by the ACLU of Maine and by private counsel, the plaintiff sued Aroostook County and its sheriff under 42 U.S.C. § 1981 and the Americans with Disabilities Act (ADA). The plaintiff suffered from opioid use disorder. For ten years, her doctor treated her disorder with medication-assisted treatment (MAT). After pleading guilty in a criminal…

On September 6, 2018, a female prisoner at Aroostook County Jail filed this lawsuit in the United States District Court for the District of Maine. Represented by the ACLU of Maine and by private counsel, the plaintiff sued Aroostook County and its sheriff under 42 U.S.C. § 1981 and the Americans with Disabilities Act (ADA). The plaintiff suffered from opioid use disorder. For ten years, her doctor treated her disorder with medication-assisted treatment (MAT). After pleading guilty in a criminal case, the plaintiff was sentenced to 40 days in Aroostook County Jail. While detained in Aroostook County Jail, the plaintiff was prohibited from receiving her MAT medications due to the jail’s policy banning prisoners from using MAT. The plaintiff experienced a similar denial of her MAT medications when she was detained in York County Jail. The plaintiff accused the jail of violating her Eighth Amendment rights because of their deliberate indifference to her serious medical need and asserted that the jail’s refusal to make reasonable accommodations for her disability was in violation of the ADA. The plaintiff sought damages and declaratory and injunctive relief requiring the jail to provide her with necessary medical care and prevent further suffering. The case was assigned to Judge Nancy Torresen.

The plaintiff moved for a preliminary injunction to prevent the jail from further denial of the plaintiff’s necessary medical treatment for her opioid use disorder. Both parties submitted additional briefs to support their claims in support and opposition of the plaintiff’s motion, and the case moved on to discovery. On February 7, 2019, the plaintiff filed a motion to conditionally consolidate the preliminary injunction hearing with the trial on the merits. Discovery continued as both parties determined who would testify at trial. On March 27, 2019, the court granted the plaintiff’s motion for a preliminary injunction and ordered the jail to provide the plaintiff with the necessary medications for her treatment. 376 F. Supp. 3d 146. But the court denied the plaintiff’s motion to consolidate the preliminary injunction hearing with trial.

The jail appealed. The First Circuit Court of Appeals denied a stay of the district court’s order and affirmed the preliminary injunction on April 30, 2019. 922 F.3d 41. The lawsuit returned to the district court, where a jury trial was scheduled for August 2019. However, the plaintiff moved on June 12, 2019 to dismiss her claims: the county, apparently in an effort to comply with the preliminary injunction without violating its non-MAT policy, had moved in the plaintiff’s sentencing court for a reduction of sentence. The state court reduced her sentence to a $100 fine, entirely eliminating her jail sentence, and thereby rendered her claims in this case moot. In her motion to dismiss, the plaintiff asked the court to retain jurisdiction to rule on a motion for attorneys’ fees.

The court dismissed the plaintiff’s claims on June 18, 2019. The plaintiff filed a motion for attorneys’ fees and costs on June 19, but later retracted the motion after settling with the county for $175,000 in attorneys’ fees.

The case is closed.

Summary Authors

Kimberly Goshey (6/14/2019)

Bogyung Lim (8/9/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/7962418/parties/smith-v-aroostook-county/


Judge(s)

Howard, Jeffrey R. (New Hampshire)

Kayatta, William Joseph Jr. (Maine)

Lynch, Sandra Lea (Massachusetts)

Torresen, Nancy (Maine)

Attorneys(s) for Plaintiff

Bond, Emma E. (Maine)

Heiden, Zachary L. (Maine)

Mancuso, Peter G. (Maine)

Monteleone, James G. (Maine)

Shur, Bernstein (Maine)

Soley, David (Maine)

Judge(s)

Howard, Jeffrey R. (New Hampshire)

Kayatta, William Joseph Jr. (Maine)

Lynch, Sandra Lea (Massachusetts)

Torresen, Nancy (Maine)

Attorneys(s) for Plaintiff

Bond, Emma E. (Maine)

Heiden, Zachary L. (Maine)

Mancuso, Peter G. (Maine)

Monteleone, James G. (Maine)

Shur, Bernstein (Maine)

Soley, David (Maine)

Attorneys(s) for Defendant

Marchesi, Peter T. (Maine)

O'Meara, Richard L. (Maine)

Shaffer, Cassandra S. (Maine)

Other Attorney(s)

Axler, Adam W. (District of Columbia)

Goloskie, Joel K. (Rhode Island)

Herzog, Peter F. (Maine)

Leland, Brett R. (Maine)

McCrone, Colette L. (District of Columbia)

Sklamberg, Howard R. (District of Columbia)

Thomson, Meagan L. (Massachusetts)

Documents in the Clearinghouse

Document

1:18-cv-00352

Docket

Oct. 7, 2019

Oct. 7, 2019

Docket
1

1:18-cv-00352

Complaint

Sept. 6, 2018

Sept. 6, 2018

Complaint
116

1:18-cv-00352

Order on Plaintiff's Motion for a Preliminary Injunction

376 F.Supp.3d 146, 2019 WL 1387684

March 27, 2019

March 27, 2019

Order/Opinion
48

1:18-cv-00352

19-01340

Opinion

U. S. Court of Appeals for the First Circuit

922 F.3d 41

April 30, 2019

April 30, 2019

Order/Opinion
158 (& 158-1)

1:18-cv-00352

Withdrawal of Motion Pursuant to Settlement Agreement

Aug. 19, 2019

Aug. 19, 2019

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7962418/smith-v-aroostook-county/

Last updated Aug. 7, 2022, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT with Jury Demand against AROOSTOOK COUNTY, SHAWN D GILLEN PAYMENT OF FILING FEE DUE WITHIN 48 HOURS. IF FILING FEE IS BEING PAID WITH A CREDIT CARD COUNSEL ARE INSTRUCTED TO LOGIN TO CMECF AND DOCKET Case Opening Filing Fee Paid FOUND IN THE Complaints and Other Initiating Documents CATEGORY. CHECK PAYMENTS DUE WITHIN 48 HOURS., filed by BRENDA SMITH. (Service of Process Deadline 12/5/2018) Fee due by 9/10/2018.(mjlt) Modified on 9/17/2018 to reflect a jury is demanded (mjlt). (Entered: 09/06/2018)

Sept. 6, 2018

Sept. 6, 2018

RECAP
2

CIVIL COVER SHEET. (mjlt) (Entered: 09/06/2018)

Sept. 6, 2018

Sept. 6, 2018

PACER
3

MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by BRENDA SMITH (Attachments: # 1 Exhibit A- Declaration of Jonathan C. Fellers, MD filed in 1:18-CV-288-NT, # 2 Exhibit B- Declaration of Brenda Smith, # 3 Exhibit C- Defendant Gillen's Memorandum in Opposition to Plaintiff's Motion For Preliminary Injunction filed in 1:18-CV-288-NT, # 4 Exhibit D- Declaration of David Conner, MD filed in 1:18-CV-288-NT)(mjlt) (Entered: 09/06/2018)

1 Exhibit A- Declaration of Jonathan C. Fellers, MD filed in 1:18-CV-288-NT

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2 Exhibit B- Declaration of Brenda Smith

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3 Exhibit C- Defendant Gillen's Memorandum in Opposition to Plaintiff's

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4 Exhibit D- Declaration of David Conner, MD filed in 1:18-CV-288-NT

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Sept. 6, 2018

Sept. 6, 2018

PACER
4

WITHDRAWAL of : 3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction by BRENDA SMITH . (MANCUSO, PETER) (Entered: 09/06/2018)

Sept. 6, 2018

Sept. 6, 2018

PACER

Filing Fee Paid via Credit Card ( Filing fee $ 400 receipt number 0100-1896582.), filed by BRENDA SMITH.(MANCUSO, PETER)

Sept. 7, 2018

Sept. 7, 2018

PACER
5

Summons Issued as to AROOSTOOK COUNTY, SHAWN D GILLEN. Counsel shall print the embossed summons and effect service in the manner in accordance with Fed.R.Civ.P.4. Note-If you are using Version 6 of Adobe Acrobat, be sure the PRINT WHAT field is set to DOCUMENTS AND COMMENTS (Click File, then Print to check this setting). (Attachments: # 1 Shawn D. Gillen summons)(bfa) (Entered: 09/18/2018)

1 Shawn D. Gillen summons

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Sept. 18, 2018

Sept. 18, 2018

PACER
6

ANSWER to 1 Complaint,, by AROOSTOOK COUNTY, SHAWN D GILLEN.(MARCHESI, PETER) (Entered: 09/28/2018)

Sept. 28, 2018

Sept. 28, 2018

PACER
7

SCHEDULING ORDER: Discovery due by 2/15/2019. Written Notice of Intent to File Summary Judgment Motion and Request for Pre-Filing Conference due by 2/22/2019. Motions due by 3/8/2019. Ready for Trial on 5/7/2019. By MAGISTRATE JUDGE JOHN C. NIVISON. (MFS) (Entered: 10/01/2018)

Oct. 1, 2018

Oct. 1, 2018

PACER
8

NOTICE of Appearance by EMMA EATON BOND on behalf of BRENDA SMITH (BOND, EMMA) (Entered: 11/05/2018)

Nov. 5, 2018

Nov. 5, 2018

PACER
9

MOTION for Preliminary Injunction by BRENDA SMITH Responses due by 11/26/2018. (Attachments: # 1 Attachment A - Smith Affidavit, # 2 Attachment B - Fellers Affidavit, # 3 Exhibit 1 to Attachment B - Fellers CV, # 4 Attachment C - Hayes Affidavit, # 5 Exhibit 1 to Attachment C - Hayes Resume, # 6 Exhibit 2 to Attachment C - Protocols, # 7 Exhibit 3 to Attachment C - Dispensing Protocol, # 8 Exhibit 4 to Attachment C - SAMHSA, # 9 Exhibit 5 to Attachment C - lead case planner, # 10 Exhibit 6 to Attachment C - overdose deaths, # 11 Exhibit 7 to Attachment C - drug assays, # 12 Attachment D - MacDonald Affidavit, # 13 Exhibit 1 to Attachment D - MacDonald CV, # 14 Attachment E - ACJ Policies, # 15 Attachment F - Opiate Withdrawal Procedure)(BOND, EMMA) (Entered: 11/05/2018)

1 Attachment A - Smith Affidavit

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2 Attachment B - Fellers Affidavit

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3 Exhibit 1 to Attachment B - Fellers CV

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4 Attachment C - Hayes Affidavit

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5 Exhibit 1 to Attachment C - Hayes Resume

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6 Exhibit 2 to Attachment C - Protocols

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7 Exhibit 3 to Attachment C - Dispensing Protocol

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8 Exhibit 4 to Attachment C - SAMHSA

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9 Exhibit 5 to Attachment C - lead case planner

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10 Exhibit 6 to Attachment C - overdose deaths

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11 Exhibit 7 to Attachment C - drug assays

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12 Attachment D - MacDonald Affidavit

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13 Exhibit 1 to Attachment D - MacDonald CV

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14 Attachment E - ACJ Policies

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15 Attachment F - Opiate Withdrawal Procedure

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Nov. 5, 2018

Nov. 5, 2018

PACER

RESET Deadlines as to 9 MOTION for Preliminary Injunction Expedited briefing requested by US Chief District Judge Nancy Torresen: Responses due by 11/19/2018. Reply due by 11/26/2018. (slg)

Nov. 6, 2018

Nov. 6, 2018

PACER
10

MOTION to Extend Time to File Objection to Motion for Preliminary Injunction by AROOSTOOK COUNTY, SHAWN D GILLEN Responses due by 12/7/2018. (MARCHESI, PETER) (Entered: 11/16/2018)

Nov. 16, 2018

Nov. 16, 2018

PACER
11

NOTICE of Hearing on Motion re 10 MOTION to Extend Time to File Objection to Motion for Preliminary Injunction : Telephone Conference set for 11/16/2018 03:00 PM in Judge Torresen's Chambers before JUDGE NANCY TORRESEN. The parties are instructed to call chambers with the number provided once all the parties are on the line.(slg) (Entered: 11/16/2018)

Nov. 16, 2018

Nov. 16, 2018

PACER
12

ORDER withdrawing 10 Motion to Extend Time. The Defendants have withdrawn their Motion for Enlargement of Time. Given the complex issues raised in the Plaintiffs Motion for Preliminary Injunction, completing the necessary factual and expert discovery, scheduling and holding the evidentiary hearing, and providing for post-trial briefing before Ms. Smiths January 14, 2019 self-report date would be difficult to accomplish. Accordingly, I DIRECT the parties to consult with the Aroostook County District Attorney and the Plaintiffs defense counsel to see if they can secure an extension of the time that Ms. Smith is required to report. By JUDGE NANCY TORRESEN. (MMB) (Entered: 11/16/2018)

Nov. 16, 2018

Nov. 16, 2018

PACER
13

Minute Entry for proceedings held before JUDGE NANCY TORRESEN. Telephone Conference held. (Court Reporter: Lori Dunbar) (mnw) (Entered: 11/19/2018)

Nov. 16, 2018

Nov. 16, 2018

PACER
14

RESPONSE in Opposition re 9 MOTION for Preliminary Injunction filed by AROOSTOOK COUNTY, SHAWN D GILLEN. Reply due by 12/3/2018. (Attachments: # 1 Affidavit of Alison Willette, # 2 Exhibit 1 to Willette Affidavit - COWS, # 3 Exhibit 2 to Willette Affidavit - Opiate Withdrawal Protocol, # 4 Affidavit of Craig Clossey, # 5 Exhibit 1 - Policies and Procedures, # 6 Exhibit 2 - Agreement, # 7 Exhibit 3 - COWS, # 8 Exhibit 4 - Opiate Withdrawal Protocol)(MARCHESI, PETER) (Entered: 11/19/2018)

1 Affidavit of Alison Willette

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2 Exhibit 1 to Willette Affidavit - COWS

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3 Exhibit 2 to Willette Affidavit - Opiate Withdrawal Protocol

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4 Affidavit of Craig Clossey

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5 Exhibit 1 - Policies and Procedures

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6 Exhibit 2 - Agreement

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7 Exhibit 3 - COWS

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8 Exhibit 4 - Opiate Withdrawal Protocol

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Nov. 19, 2018

Nov. 19, 2018

RECAP

RESET Deadlines as to 9 MOTION for Preliminary Injunction Per Judge Torresen's request for expedited briefing: Reply due by 11/26/2018. (slg)

Nov. 20, 2018

Nov. 20, 2018

PACER
15

NOTICE of Appearance by ZACHARY L. HEIDEN on behalf of BRENDA SMITH (HEIDEN, ZACHARY) (Entered: 11/20/2018)

Nov. 20, 2018

Nov. 20, 2018

PACER
16

Consent MOTION for Confidentiality Order and status update on extension of reporting date by BRENDA SMITH Responses due by 12/12/2018. (Attachments: # 1 Attachment A - Draft Confidentiality Order)(BOND, EMMA) (Entered: 11/21/2018)

1 Attachment A - Draft Confidentiality Order

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Nov. 21, 2018

Nov. 21, 2018

PACER
17

ADDITIONAL ATTACHMENTS filed by BRENDA SMITH re 16 Motion for Confidentiality Order Corrected Proposed Confidentiality Order.. (BOND, EMMA) (Entered: 11/26/2018)

Nov. 26, 2018

Nov. 26, 2018

PACER
18

REPLY to Response to Motion re 9 MOTION for Preliminary Injunction filed by BRENDA SMITH. (BOND, EMMA) (Entered: 11/26/2018)

Nov. 26, 2018

Nov. 26, 2018

PACER
19

ORDER granting 16 Motion for Confidentiality Order By JUDGE NANCY TORRESEN. (slg) (Entered: 11/27/2018)

Nov. 27, 2018

Nov. 27, 2018

PACER
20

Consent MOTION for Order setting deadlines for preliminary discovery and dates for evidentiary hearing by BRENDA SMITH Responses due by 12/24/2018. (BOND, EMMA) (Entered: 12/03/2018)

Dec. 3, 2018

Dec. 3, 2018

PACER
21

ORDER granting 20 Consent Motion for Entry of Scheduling Order By JUDGE NANCY TORRESEN. (MMB) (Entered: 12/04/2018)

Dec. 4, 2018

Dec. 4, 2018

PACER
22

NOTICE of Hearing: Telephone Conference re Hearing Prep set for 1/25/2019 at 10:00 AM before JUDGE NANCY TORRESEN. (slg) (Entered: 12/04/2018)

Dec. 4, 2018

Dec. 4, 2018

PACER
23

NOTICE of Hearing on Motion 9 MOTION for Preliminary Injunction : Evidentiary Hearing set to begin on 2/11/2019 at 08:30 AM in Portland Courtroom 1 before JUDGE NANCY TORRESEN. The Court has reserved 5 days for this hearing. Schedule to be discussed at the 1/25/2019 teleconference.(slg) (Entered: 12/04/2018)

Dec. 4, 2018

Dec. 4, 2018

PACER

SET Deadlines Per Order #21: Close of Preliminary Discovery on 1/24/2019. Post-Hearing Briefs due by 2/22/2019. (slg)

Dec. 4, 2018

Dec. 4, 2018

PACER
24

NOTICE of Appearance by DAVID SOLEY on behalf of BRENDA SMITH (SOLEY, DAVID) (Entered: 12/10/2018)

Dec. 10, 2018

Dec. 10, 2018

PACER
25

NOTICE of Appearance by JAMES G. MONTELEONE on behalf of BRENDA SMITH (MONTELEONE, JAMES) (Entered: 12/12/2018)

Dec. 12, 2018

Dec. 12, 2018

PACER
26

MOTION to Amend Scheduling Order (Partially Unopposed) by BRENDA SMITH Responses due by 1/10/2019. (Attachments: # 1 Exhibit Topics for Additional Requests for Admission)(HEIDEN, ZACHARY) (Entered: 12/20/2018)

1 Exhibit Topics for Additional Requests for Admission

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Dec. 20, 2018

Dec. 20, 2018

RECAP
27

ORDER granting 26 Motion to Amend Scheduling Order By JUDGE NANCY TORRESEN. (MMB) (Entered: 12/21/2018)

Dec. 21, 2018

Dec. 21, 2018

PACER

Order on Motion to Amend Scheduling Order

Dec. 21, 2018

Dec. 21, 2018

PACER
28

NOTICE OF RESCHEDULED HEARING : Telephone Conference re Hearing Prep rescheduled to 1/31/2019 at 2:00 PM before JUDGE NANCY TORRESEN. (mnw) (Entered: 12/21/2018)

Dec. 21, 2018

Dec. 21, 2018

PACER
29

RESPONSE to Motion re 26 MOTION to Amend Scheduling Order (Partially Unopposed) filed by AROOSTOOK COUNTY, SHAWN D GILLEN. Reply due by 1/22/2019. (MARCHESI, PETER) (Entered: 01/08/2019)

Jan. 8, 2019

Jan. 8, 2019

RECAP
30

NOTICE OF HEARING: Please be advised that the conference set for 1/31/2019 at 2:00 PM will now be an in person conference in Judge Torresen's Chambers. (mnw) (Entered: 01/11/2019)

Jan. 11, 2019

Jan. 11, 2019

PACER
31

MOTION for Leave to File Amici Curiae Brief in Support of Plaintiff's Motion for Preliminary Injunction by PUBLIC HEALTH SCHOLARS. Responses due by 2/19/2019. (Attachments: # 1 Exhibit Proposed Amici Curiae Brief)(LELAND, BRETT) Modified on 1/29/2019 to correct filer to be Public Health Scholars (mnw). (Entered: 01/29/2019)

1 Exhibit Proposed Amici Curiae Brief

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Jan. 29, 2019

Jan. 29, 2019

RECAP
32

CERTIFICATION for Admission Pro Hac Vice of Howard R. Sklamberg filed by BRETT R. LELAND on behalf of PUBLIC HEALTH SCHOLARS (Total admission fee $ 100 receipt number 0100-1966453.) (LELAND, BRETT) Modified on 1/29/2019 to correct filer to be Public Health Scholars (mnw). (Entered: 01/29/2019)

Jan. 29, 2019

Jan. 29, 2019

PACER
33

CERTIFICATION for Admission Pro Hac Vice of Colette L. McCrone filed by BRETT R. LELAND on behalf of PUBLIC HEALTH SCHOLARS (Total admission fee $ 100 receipt number 0100-1966460.) (LELAND, BRETT) Modified on 1/29/2019 to correct filer to be Public Health Scholars (mnw). (Entered: 01/29/2019)

Jan. 29, 2019

Jan. 29, 2019

PACER
34

CERTIFICATION for Admission Pro Hac Vice of Adam W. Axler filed by BRETT R. LELAND on behalf of PUBLIC HEALTH SCHOLARS (Total admission fee $ 100 receipt number 0100-1966464.) (LELAND, BRETT) Modified on 1/29/2019 to correct filer to be Public Health Scholars (mnw). (Entered: 01/29/2019)

Jan. 29, 2019

Jan. 29, 2019

PACER
35

NOTICE of Docket Entry Modification regarding 31 MOTION for Leave to File Amici Curiae Brief in Support of Plaintiff's Motion for Preliminary Injunction, 32 Certification for Admission Pro Hac Vice, 33 Certification for Admission Pro Hac Vice and 34 Certification for Admission Pro Hac Vice : Docket entry modified by the Clerk's Office to correct filer to be Public Health Scholars. (mnw) (Entered: 01/29/2019)

Jan. 29, 2019

Jan. 29, 2019

PACER
36

MOTION for Leave to File Amici Brief in Support of Plaintiff's Motion for a Preliminary Injunction by MAINE ASSOCIATION OF PSYCHIATRIC PHYSICIANS, MAINE MEDICAL ASSOCIATION, NORTHERN NEW ENGLAND SOCIETY OF ADDICTION MEDICINE Responses due by 2/20/2019. (O'MEARA, RICHARD) (Entered: 01/30/2019)

Jan. 30, 2019

Jan. 30, 2019

RECAP

Set Deadlines: Attorney JOEL K. GOLOSKIE shall register for the District of Maine's Electronic Case Filing (ECF) System by 2/7/2019. Registration Forms are available on the Court's website http://www.med.uscourts.gov/ecf-registration under the Electronic Case Files, ECF Registration Section. Pro Hac Vice Certificate due from JOEL K. GOLOSKIE by 2/7/2019. The Certification for Admission Pro Hac Vice form can be downloaded from our website at http://www.med.uscourts.gov/forms. (slg)

Jan. 31, 2019

Jan. 31, 2019

PACER
37

Minute Entry for proceedings held before JUDGE NANCY TORRESEN: Conference of Counsel held. Set Deadlines: Exhibit and Witness Lists and deposition designations, with the exception of Dr. Conner due by 2/6/2019. Objections to deposition designations and deposition designation of Dr. Conner due by 2/8/2019. Motions in Limine due by 2/6/2019. Responses due by 2/8/19. Post-hearing Briefs due by 2/22/2019. Counsel for the plaintiff orally withdrew jury demand. Ruling reserved on the request to consolidate trial on the merits with the preliminary injunction hearing. (Court Reporter: Dennis Ford) (slg) (Entered: 01/31/2019)

Jan. 31, 2019

Jan. 31, 2019

PACER

Reset Deadlines as to 31 MOTION for Leave to File Amici Curiae Brief in Support of Plaintiff's Motion for Preliminary Injunction and 36 MOTION for Leave to File Amici Brief in Support of Plaintiff's Motion for a Preliminary Injunction, per Judge Torresen at 1/31/19 conference of counsel: Responses due by 2/22/2019. (slg)

Jan. 31, 2019

Jan. 31, 2019

PACER
38

Witness List by BRENDA SMITH . (SOLEY, DAVID) (Entered: 02/01/2019)

Feb. 1, 2019

Feb. 1, 2019

PACER
39

(Document sealed from public view) MOTION to Seal trial exhibit and testimony of childhood trauma by BRENDA SMITH Responses due by 2/25/2019. (BOND, EMMA) (Entered: 02/04/2019)

Feb. 4, 2019

Feb. 4, 2019

PACER
40

MOTION in Limine to exclude testimony from James Foss and limit testimony from Shawn Gillen by BRENDA SMITH Responses due by 2/25/2019. (Attachments: # 1 Exhibit A - Defendants' Initial Disclosures, # 2 Exhibit B - Defendants' Interrogatory Responses, # 3 Exhibit C - Amended 30(b)(6) Notice to Defendants)(BOND, EMMA) (Entered: 02/04/2019)

1 Exhibit A - Defendants' Initial Disclosures

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2 Exhibit B - Defendants' Interrogatory Responses

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3 Exhibit C - Amended 30(b)(6) Notice to Defendants

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Feb. 4, 2019

Feb. 4, 2019

PACER

Reset Deadlines as to 40 MOTION in Limine to exclude testimony from James Foss and limit testimony from Shawn Gillen Per deadlines set by Judge Torresen at 1/31/20/19 Conference of Counsel: Responses due by 2/8/2019. (slg)

Feb. 5, 2019

Feb. 5, 2019

PACER
41

Witness List by AROOSTOOK COUNTY, SHAWN D GILLEN . (MARCHESI, PETER) (Entered: 02/05/2019)

Feb. 5, 2019

Feb. 5, 2019

PACER
42

MOTION in Limine to exclude Audie Horne and find Dr. Conner and KVHC unavailable under Rule 32(a)(4)(B) by BRENDA SMITH Responses due by 2/27/2019. (BOND, EMMA) (Entered: 02/06/2019)

Feb. 6, 2019

Feb. 6, 2019

PACER
43

MOTION in Limine re admission of evidence related to the opiod crisis and Motion in Limine re admission of testimony from Dr. Conner to the extent it constituted expert testimony by AROOSTOOK COUNTY, SHAWN D GILLEN Responses due by 2/27/2019. (MARCHESI, PETER). Added MOTION re admission of testimony from Dr. Conner to the extent it constituted expert testimony on 2/12/2019 (mnw). (Entered: 02/06/2019)

Feb. 6, 2019

Feb. 6, 2019

PACER
44

Exhibit List (Jointly Filed) by BRENDA SMITH.. (SOLEY, DAVID) (Entered: 02/06/2019)

Feb. 6, 2019

Feb. 6, 2019

PACER
45

DEPOSITION DESIGNATION of Alison Willette and Claudette Humphrey by BRENDA SMITH. (Attachments: # 1 Testimony of Willette o/b/o Aroostook County, # 2 Testimony of Humphrey o/b/o KVHC)(HEIDEN, ZACHARY) (Entered: 02/06/2019)

1 Testimony of Willette o/b/o Aroostook County

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2 Testimony of Humphrey o/b/o KVHC

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Feb. 6, 2019

Feb. 6, 2019

PACER
46

DEPOSITION DESIGNATION of Alison Willette by AROOSTOOK COUNTY, SHAWN D GILLEN. (MARCHESI, PETER) (Entered: 02/06/2019)

Feb. 6, 2019

Feb. 6, 2019

PACER
47

MOTION for Order consolidating the preliminary injunction hearing with trial on the merits by BRENDA SMITH Responses due by 2/27/2019. (BOND, EMMA) (Entered: 02/06/2019)

Feb. 6, 2019

Feb. 6, 2019

PACER
48

DEPOSITION DESIGNATION (Amended) of Alison Willette by AROOSTOOK COUNTY, SHAWN D GILLEN. (MARCHESI, PETER) (Entered: 02/07/2019)

Feb. 7, 2019

Feb. 7, 2019

PACER
49

DEPOSITION of Alison Willette taken on December 21, 2018 filed by AROOSTOOK COUNTY, SHAWN D GILLEN. (MARCHESI, PETER) (Entered: 02/07/2019)

Feb. 7, 2019

Feb. 7, 2019

PACER

Reset Deadlines as to 42 MOTION in Limine to exclude Audie Horne and find Dr. Conner and KVHC unavailable under Rule 32(a)(4)(B) per deadlines set by Judge Torresen at Conference of Counsel held on 1/31/19: Responses due by 2/8/2019. (slg)

Feb. 7, 2019

Feb. 7, 2019

PACER

Reset Deadlines as to 43 MOTION in Limine Per deadlines set by Judge Torresen at 1/31/19 Conference of Counsel: Responses due by 2/8/2019. (slg)

Feb. 7, 2019

Feb. 7, 2019

PACER
50

Exhibit List (Amended) by AROOSTOOK COUNTY, SHAWN D GILLEN.. (MARCHESI, PETER) (Entered: 02/07/2019)

Feb. 7, 2019

Feb. 7, 2019

PACER
51

DEMAND for Trial by Jury by AROOSTOOK COUNTY, SHAWN D GILLEN. (MARCHESI, PETER) (Entered: 02/07/2019)

Feb. 7, 2019

Feb. 7, 2019

PACER
52

ORDER re 47 Motion for Order consolidating the preliminary injunction hearing with trial on the merits. I hereby ORDER that the hearing on the Plaintiff's motion for a preliminary injunction is conditionally consolidated with trial on the merits. The parties should prepare for and proceed during the hearing as they would for a bench trial on the merits. As part of their post-hearing briefs due February 22, 2019, the parties will address whether the Defendants are entitled to a jury trial on the merits in this action. Should the Court determine that the Defendants are entitled to a jury trial, the Court will schedule that proceeding. By JUDGE NANCY TORRESEN. (mnw) (Entered: 02/07/2019)

Feb. 7, 2019

Feb. 7, 2019

PACER
53

RESPONSE in Opposition re 47 MOTION for Order consolidating the preliminary injunction hearing with trial on the merits filed by AROOSTOOK COUNTY, SHAWN D GILLEN. Reply due by 2/21/2019. (MARCHESI, PETER) (Entered: 02/07/2019)

Feb. 7, 2019

Feb. 7, 2019

PACER
54

Exhibit List (Second Amended) by AROOSTOOK COUNTY, SHAWN D GILLEN.. (MARCHESI, PETER) (Entered: 02/08/2019)

Feb. 8, 2019

Feb. 8, 2019

PACER
55

RESPONSE in Opposition re 43 MOTION in Limine filed by BRENDA SMITH. Reply due by 2/22/2019. (BOND, EMMA) (Entered: 02/08/2019)

Feb. 8, 2019

Feb. 8, 2019

PACER

Reset Deadlines: Attorney JOEL K. GOLOSKIE shall register for the District of Maine's Electronic Case Filing (ECF) System by 2/15/2019. Registration Forms are available on the Court's website http://www.med.uscourts.gov/ecf-registration under the Electronic Case Files, ECF Registration Section. (slg)

Feb. 8, 2019

Feb. 8, 2019

PACER
56

RESPONSE in Opposition re 40 MOTION in Limine to exclude testimony from James Foss and limit testimony from Shawn Gillen filed by AROOSTOOK COUNTY, SHAWN D GILLEN. Reply due by 2/22/2019. (MARCHESI, PETER) (Entered: 02/08/2019)

Feb. 8, 2019

Feb. 8, 2019

PACER
57

RESPONSE in Opposition re 42 MOTION in Limine to exclude Audie Horne and find Dr. Conner and KVHC unavailable under Rule 32(a)(4)(B) filed by AROOSTOOK COUNTY, SHAWN D GILLEN. Reply due by 2/22/2019. (Attachments: # 1 Exhibit A - Subpoena to Claudette Humphrey)(MARCHESI, PETER) (Entered: 02/08/2019)

1 Exhibit A - Subpoena to Claudette Humphrey

View on PACER

Feb. 8, 2019

Feb. 8, 2019

PACER
58

OBJECTION to 45 Deposition Designation filed by AROOSTOOK COUNTY, SHAWN D GILLEN. Responses due by 2/22/2019. (MARCHESI, PETER) (Entered: 02/08/2019)

Feb. 8, 2019

Feb. 8, 2019

PACER
59

DEPOSITION DESIGNATION (Second Amended) of Kathadin Valley Health Center by AROOSTOOK COUNTY, SHAWN D GILLEN. (MARCHESI, PETER) (Entered: 02/08/2019)

Feb. 8, 2019

Feb. 8, 2019

PACER
60

DEPOSITION of Katahdin Valley Health Center taken on January 30, 2019 filed by AROOSTOOK COUNTY, SHAWN D GILLEN. (MARCHESI, PETER) (Entered: 02/08/2019)

Feb. 8, 2019

Feb. 8, 2019

PACER
61

DEPOSITION DESIGNATION of David Conner by AROOSTOOK COUNTY, SHAWN D GILLEN. (MARCHESI, PETER) (Entered: 02/08/2019)

Feb. 8, 2019

Feb. 8, 2019

PACER
62

DEPOSITION of David Conner taken on February 6, 2019 filed by AROOSTOOK COUNTY, SHAWN D GILLEN. (MARCHESI, PETER) (Entered: 02/08/2019)

Feb. 8, 2019

Feb. 8, 2019

PACER
63

SECOND AMENDED DEPOSITION DESIGNATION of David Conner, M.D. by BRENDA SMITH. (Attachments: # 1 Designated Deposition Testimony of Conner)(HEIDEN, ZACHARY) Modified on 2/8/2019 to reflect this is second amended disposition designation (slg). (Entered: 02/08/2019)

1 Designated Deposition Testimony of Conner

View on PACER

Feb. 8, 2019

Feb. 8, 2019

PACER
64

***FILED IN ERROR*** NOTICE of Appearance by JOEL K. GOLOSKIE on behalf of MAINE ASSOCIATION OF PSYCHIATRIC PHYSICIANS, MAINE MEDICAL ASSOCIATION, NORTHERN NEW ENGLAND SOCIETY OF ADDICTION MEDICINE (GOLOSKIE, JOEL) Modified on 2/8/2019 to indicate it was filed in error and was refiled at ECF #66 (slg). (Entered: 02/08/2019)

Feb. 8, 2019

Feb. 8, 2019

PACER
65

CERTIFICATION for Admission Pro Hac Vice of Megan Thomson filed by JOEL K. GOLOSKIE on behalf of MAINE ASSOCIATION OF PSYCHIATRIC PHYSICIANS, MAINE MEDICAL ASSOCIATION, NORTHERN NEW ENGLAND SOCIETY OF ADDICTION MEDICINE (Total admission fee $ 100 receipt number 0100-1972833.) (GOLOSKIE, JOEL) (Entered: 02/08/2019)

Feb. 8, 2019

Feb. 8, 2019

PACER
66

CERTIFICATION for Admission Pro Hac Vice of JOEL K. GOLOSKIE filed by JOEL K. GOLOSKIE on behalf of MAINE ASSOCIATION OF PSYCHIATRIC PHYSICIANS, MAINE MEDICAL ASSOCIATION, NORTHERN NEW ENGLAND SOCIETY OF ADDICTION MEDICINE (Total admission fee $ 100 receipt number 0100-1972842.) (GOLOSKIE, JOEL) (Entered: 02/08/2019)

Feb. 8, 2019

Feb. 8, 2019

PACER
67

OBJECTION to 63 Deposition Designation filed by AROOSTOOK COUNTY, SHAWN D GILLEN. Responses due by 2/22/2019. (MARCHESI, PETER) (Entered: 02/08/2019)

Feb. 8, 2019

Feb. 8, 2019

PACER
68

NOTICE of Docket Entry Modification regarding 64 Notice of Appearance. The docket entry was modified by the Clerk's Office to indicate it was filed in error. It was refiled at ECF #66. (slg) (Entered: 02/08/2019)

Feb. 8, 2019

Feb. 8, 2019

PACER
69

OBJECTION to 60 Deposition, 59 Deposition Designation of Katahdin Valley Health Center filed by BRENDA SMITH. Responses due by 2/22/2019. (HEIDEN, ZACHARY) (Entered: 02/08/2019)

Feb. 8, 2019

Feb. 8, 2019

PACER
70

Third Party MOTION to Quash Subpoena of Witness Claudette Humphrey by CLAUDETTE HUMPHREYS Responses due by 3/1/2019. (Attachments: # 1 Supplement Declaration of Claudette Humphrey w Ex A)(HERZOG, PETER) (Entered: 02/08/2019)

1 Supplement Declaration of Claudette Humphrey w Ex A

View on PACER

Feb. 8, 2019

Feb. 8, 2019

PACER

Set Deadlines: Attorney Meagan L Thomson shall register for the District of Maine's Electronic Case Filing (ECF) System by 2/15/2019. Registration Forms are available on the Court's website http://www.med.uscourts.gov/ecf-registration under the Electronic Case Files, ECF Registration Section. (slg)

Feb. 8, 2019

Feb. 8, 2019

PACER
71

ORDER reserving ruling 70 Motion to Quash. The parties are directed to file any response by midnight on 2/9/19. By JUDGE NANCY TORRESEN. (TORRESEN, NANCY) (Entered: 02/08/2019)

Feb. 8, 2019

Feb. 8, 2019

PACER
72

DEPOSITION DESIGNATION (Supplemental) of Alison Willette by BRENDA SMITH. (Attachments: # 1 Supplemental Designation of Willette)(HEIDEN, ZACHARY) (Entered: 02/09/2019)

1 Supplemental Designation of Willette

View on PACER

Feb. 9, 2019

Feb. 9, 2019

PACER
73

RESPONSE in Opposition re 70 Third Party MOTION to Quash Subpoena of Witness Claudette Humphrey filed by AROOSTOOK COUNTY, SHAWN D GILLEN. Reply due by 2/25/2019. (Attachments: # 1 Exhibit 1 - Letter to Atty Herzog 1/29/19, # 2 Exhibit 2 - Email from Atty Herzog 1/30/19, # 3 Exhibit 3 - Letter to Atty Herzog 2/5/19)(MARCHESI, PETER) (Entered: 02/09/2019)

1 Exhibit 1 - Letter to Atty Herzog 1/29/19

View on PACER

2 Exhibit 2 - Email from Atty Herzog 1/30/19

View on PACER

3 Exhibit 3 - Letter to Atty Herzog 2/5/19

View on PACER

Feb. 9, 2019

Feb. 9, 2019

PACER
74

REPLY to Response to Motion re 70 Third Party MOTION to Quash Subpoena of Witness Claudette Humphrey filed by BRENDA SMITH. (BOND, EMMA) (Entered: 02/09/2019)

Feb. 9, 2019

Feb. 9, 2019

PACER
75

ORDER granting in part and denying in part 70 Motion to Quash. Ms. Humphrey is not required to appear in Bangor on February 11 or 12, 2019. The Court reserves ruling on whether Ms. Humphrey must appear in Bangor on February 13, 2019 or thereafter. Counsel for all parties and the witness are directed to contact the Court's IT representative for this trial (Robert Guptill) to inquire about creating a video connection for Ms. Humphrey from her office computer. The parties are further directed to coordinate a time for Ms. Humphrey's testimony that will minimize disruption of her schedule. The Court will consider expanding the trial hours to accommodate the witness. The motion for sanctions is denied. By JUDGE NANCY TORRESEN. (TORRESEN, NANCY) (Entered: 02/10/2019)

Feb. 10, 2019

Feb. 10, 2019

PACER
76

DEPOSITION DESIGNATION (Plaintiff's Amended Designation) of David Conner, M.D. by BRENDA SMITH. (Attachments: # 1 Exhibit David Conner Deposition with highlighted testimony)(SOLEY, DAVID) (Entered: 02/10/2019)

1 Exhibit David Conner Deposition with highlighted testimony

View on PACER

Feb. 10, 2019

Feb. 10, 2019

PACER
77

MOTION to Amend 54 Exhibit List, Substitute Exhibits, and Admit Certain Exhibits Into Evidence by BRENDA SMITH Responses due by 3/4/2019. (Attachments: # 1 Exhibit Joint Trial Exhibit 17, # 2 Exhibit Joint Trial Exhibit 18)(SOLEY, DAVID). Added MOTION to Substitute Exhibits and MOTION to Admit Certain Exhibits on 2/11/2019 (mnw). (Entered: 02/10/2019)

1 Exhibit Joint Trial Exhibit 17

View on PACER

2 Exhibit Joint Trial Exhibit 18

View on PACER

Feb. 10, 2019

Feb. 10, 2019

PACER
78

Minute Entry for proceedings held before JUDGE NANCY TORRESEN: Motion Hearing begun re 9 MOTION for Preliminary Injunction filed by BRENDA SMITH. (Court Reporter: Tammy Martell) (slg) (Entered: 02/12/2019)

Feb. 11, 2019

Feb. 11, 2019

PACER
79

ORAL ORDER denying 40 Motion in Limine to Exclude Testimony as to James Foss. Ruling reserved as to Shawn Gillen. By JUDGE NANCY TORRESEN. (slg) (Entered: 02/12/2019)

Feb. 11, 2019

Feb. 11, 2019

PACER
80

ORAL ORDER finding 42 Motion in Limine moot as to Audie Horne, reserving ruling as to KVHC, and the Court finds Dr. Conner unavailable. By JUDGE NANCY TORRESEN. (slg) (Entered: 02/12/2019)

Feb. 11, 2019

Feb. 11, 2019

PACER
81

ORAL ORDER reserving ruling on 43 Motion in Limine as the admission of evidence related to the opioid crisis and overruled as to the admission of testimony from Dr. Conner to the extent it constituted expert testimony. By JUDGE NANCY TORRESEN. (slg) (Entered: 02/12/2019)

Feb. 11, 2019

Feb. 11, 2019

PACER
82

ORAL ORDER reserving ruling as to 58 Objection to #45 Deposition Designation. By JUDGE NANCY TORRESEN. (slg) (Entered: 02/12/2019)

Feb. 11, 2019

Feb. 11, 2019

PACER
83

ORAL ORDER overruling for reasons stated on the record 67 Objection to #63 Deposition Designation of Dr. David Conner. By JUDGE NANCY TORRESEN. (slg) Modified on 2/12/2019 text corrected to reflect the deposition designation to be Dr. David Conner, not KVHC (slg). (Entered: 02/12/2019)

Feb. 11, 2019

Feb. 11, 2019

PACER
84

ORAL ORDER reserving ruling 69 Objection to #60 Deposition and #59 Deposition Designation of Katahdin Valley Health Center. By JUDGE NANCY TORRESEN. (slg) (Entered: 02/12/2019)

Feb. 11, 2019

Feb. 11, 2019

PACER
85

ORAL ORDER granting 77 Motion to Amend #54 Exhibit List, Substitute Exhibits, and Admit Certain Exhibits into Evidence. By JUDGE NANCY TORRESEN. (slg) (Entered: 02/12/2019)

Feb. 11, 2019

Feb. 11, 2019

PACER
86

ORAL ORDER overruling 58 Objection to #45 Deposition Designation. By JUDGE NANCY TORRESEN. (slg) (Entered: 02/12/2019)

Feb. 12, 2019

Feb. 12, 2019

PACER
87

NOTICE of Docket Entry Modification regarding 83 Order on Objection. This was modified by the Clerk's Office to correct the deposition designation to be Dr. David Conner, not KVHC. (slg) (Entered: 02/12/2019)

Feb. 12, 2019

Feb. 12, 2019

PACER
88

Minute Entry for proceedings held before JUDGE NANCY TORRESEN: Motion Hearing continued re 9 MOTION for Preliminary Injunction filed by BRENDA SMITH. (Court Reporter: Tammy Martell) (slg) (Entered: 02/13/2019)

Feb. 12, 2019

Feb. 12, 2019

PACER

Case Details

State / Territory: Maine

Case Type(s):

Jail Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 6, 2018

Closing Date: Oct. 7, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Detainee at Aroostook County Jail with an opioid use disorder.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Aroostook County (Aroostook), County

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.

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Litigation

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: $175,000

Content of Injunction:

Preliminary relief granted

Issues

General:

Conditions of confinement

Reasonable Accommodations

Reasonable Modifications

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Opioid disorder/medication

Medical/Mental Health:

Medication, administration of

Type of Facility:

Government-run