Case: Thorpe v. Virginia Department of Corrections

3:19-cv-00332 | U.S. District Court for the Eastern District of Virginia

Filed Date: May 6, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

On May 6, 2019, twelve prisoners at the Red Onion and Wallens Ridge supermax prisons, who had each been in solitary confinement for between two and twenty-three years, filed this putative class-action lawsuit in the U.S. District Court for the Eastern District of Virginia. The plaintiffs sued the Virginia Department of Corrections (VDOC) and the wardens of both Red Onion and Wallens Ridge under 42 U.S.C. § 1983, the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 19…

On May 6, 2019, twelve prisoners at the Red Onion and Wallens Ridge supermax prisons, who had each been in solitary confinement for between two and twenty-three years, filed this putative class-action lawsuit in the U.S. District Court for the Eastern District of Virginia. The plaintiffs sued the Virginia Department of Corrections (VDOC) and the wardens of both Red Onion and Wallens Ridge under 42 U.S.C. § 1983, the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973. The plaintiffs - represented by private counsel and the ACLU of Virginia - sought declaratory and injunctive relief in addition to damages. The plaintiffs claimed breach of an earlier settlement agreement and violations of the Fourteenth Amendment’s Due Process and Equal Protection Clauses, the Eighth Amendment, the Americans with Disabilities Act, and the Rehabilitation Act of 1973. The plaintiff alleged that VDOC implemented a renamed version of the “Phase Program,” which was supposedly shut down in an earlier settlement, that “warehoused” prisoners in solitary confinement without any opportunity to re-enter general population conditions.

The earlier settlement had ended the "Phase Program" at the Mecklenburg Correctional Center. A class action lawsuit, Brown v. Hutto, was filed in 1981, alleging inhumane conditions and constitutional violations by VDOC. A VDOC investigation revealed that Mecklenburg could not fill its solitary confinement beds with its own prisoners. Instead, the prison had solicited other prisons to refer their prisoners for solitary confinement at Mecklenburg. Unlike the Special Management Unit, which housed prisoners unlikely to be reintroduced to the general population, the "Phase Program" track was designed to allow solitary confinement prisoners to reenter the general population by earning "privileges" for good behavior. But in practice, prisoners were very rarely phased down and prison staff could revoke privileges without oversight or appeals. The parties settled the case in 1985, with VDOC agreeing to end the Phase Program and to not start a similar program in the future.

In this case, the Red Onion and Wallens Ridge prisoners alleged that the Step-Down Program was used to keep prisoners in solitary confinement in order to utilize solitary confinement space and justify the high cost of keeping both supermax prisons open. This program was alleged to be a new version of the Phase Program used at the since-demolished Mecklenburg facility. The prisoners alleged that staff at each facility were not trained or knowledgeable about the specific requirements of the Step-Down Program, leading them to keep prisoners in solitary confinement despite evidence that they should be stepped down to the general population. These decisions were not subject to meaningful review, and the review process was not appealable. The prisoners alleged this program caused significant mental and physiological harm to each of them and was implemented without any scientific basis.

On May 31, 2019, VDOC filed a motion to dismiss the complaint. On June 14, 2019, the remaining defendants also filed a motion to dismiss. Both motions alleged that the plaintiffs failed to state a claim and that the court lacked subject matter jurisdiction over the case. As of October 2, 2019, District Judge Robert E. Payne has not issued a decision on either of these motions. The case is ongoing.

A documentary about the solitary confinement conditions of Red Onion can be found here.

Summary Authors

Olivia Wheeling (10/2/2019)

Related Cases

Brown v. Hutto, Eastern District of Virginia (1981)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/16880468/parties/thorpe-v-virginia-department-of-corrections/


Judge(s)

Payne, Robert E. (Virginia)

Attorneys(s) for Plaintiff

Agraharkar, Vishal Mahendra (Virginia)

Cox, Alyson Michelle (District of Columbia)

Heilman, Eden Brooke (Virginia)

Kalmann, Maxwell Jacob (District of Columbia)

Levin, Daniel (District of Columbia)

McAhren, Kristen (District of Columbia)

Pell, Owen Cary (New York)

Wilson, Timothy Lawrence Jr. (District of Columbia)

Attorneys(s) for Defendant

O'Shea, Margaret Hoehl (Virginia)

Judge(s)

Payne, Robert E. (Virginia)

Attorneys(s) for Plaintiff

Agraharkar, Vishal Mahendra (Virginia)

Cox, Alyson Michelle (District of Columbia)

Heilman, Eden Brooke (Virginia)

Kalmann, Maxwell Jacob (District of Columbia)

Levin, Daniel (District of Columbia)

McAhren, Kristen (District of Columbia)

Pell, Owen Cary (New York)

Wilson, Timothy Lawrence Jr. (District of Columbia)

Attorneys(s) for Defendant

O'Shea, Margaret Hoehl (Virginia)

Documents in the Clearinghouse

Document

3:19-cv-00332

Docket [PACER]

July 30, 2019

July 30, 2019

Docket
1

3:19-cv-00332

Complaint

May 6, 2019

May 6, 2019

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16880468/thorpe-v-virginia-department-of-corrections/

Last updated Aug. 10, 2022, 3:15 a.m.

ECF Number Description Date Link Date / Link
1

Complaint (Filing Fee: $400, Receipt Number: 0422-6625497), filed by Steven Riddick, Brian Cavitt, Frederick Hammer, William Thorpe, Vernon Brooks, Dmitry Khavkin, Christopher Cottrell, Kevin Snodgrass, Derek Cornelison, Gerald McNabb, Peter Mukuria, and Gary Wall. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1-A, # 3 Exhibit 1-B, # 4 Exhibit 1-C, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Exhibit 5, # 9 Exhibit 6, # 10 Exhibit 7, # 11 Exhibit 8, # 12 Exhibit 9, # 13 Exhibit 10, # 14 Exhibit 11) (Cox, Alyson) (Entered: 05/06/2019)

1 Civil Cover Sheet

View on PACER

2 Exhibit 1-A

View on PACER

3 Exhibit 1-B

View on PACER

4 Exhibit 1-C

View on PACER

5 Exhibit 2

View on PACER

6 Exhibit 3

View on PACER

7 Exhibit 4

View on PACER

8 Exhibit 5

View on PACER

9 Exhibit 6

View on PACER

10 Exhibit 7

View on PACER

11 Exhibit 8

View on PACER

12 Exhibit 9

View on PACER

13 Exhibit 10

View on PACER

14 Exhibit 11

View on PACER

May 6, 2019

May 6, 2019

RECAP
2

Proposed Summons re 1 Complaint,, by Vernon Brooks, Brian Cavitt, Derek Cornelison, Christopher Cottrell, Frederick Hammer, Dmitry Khavkin, Gerald McNabb, Peter Mukuria, Steven Riddick, Kevin Snodgrass, William Thorpe, Gary Wall. (Cox, Alyson) (Entered: 05/06/2019)

May 6, 2019

May 6, 2019

PACER
3

Summons Issued as to Harold Clarke, Marcus Elam, Steve Herrick, Jeffrey Kiser, Denise Malone, Carl Manis, Randall C. Mathena, Henry J. Ponton, Tori Raiford, H. Scott Richeson, A. David Robinson, Virginia Department Of Corrections. NOTICE TO ATTORNEY: REMOVE HEADERS and print out two electronically issued summons and one copy of the attachments for each defendant to be served with the complaint. (smej, ) (Entered: 05/07/2019)

May 7, 2019

May 7, 2019

PACER

Initial Case Assignment to District Judge Robert E. Payne. (smej, )

May 7, 2019

May 7, 2019

PACER
4

Motion to appear Pro Hac Vice by Maxwell Kalmann and Certification of Local Counsel Alyson Cox Filing fee $ 75, receipt number 0422-6639863. by Vernon Brooks, Brian Cavitt, Derek Cornelison, Christopher Cottrell, Frederick Hammer, Dmitry Khavkin, Gerald McNabb, Peter Mukuria, Steven Riddick, Kevin Snodgrass, William Thorpe, Gary Wall. (Cox, Alyson) (Entered: 05/14/2019)

May 14, 2019

May 14, 2019

PACER
5

Motion to appear Pro Hac Vice by Daniel Levin and Certification of Local Counsel Alyson Cox Filing fee $ 75, receipt number 0422-6639888. by Vernon Brooks, Brian Cavitt, Derek Cornelison, Christopher Cottrell, Frederick Hammer, Dmitry Khavkin, Gerald McNabb, Peter Mukuria, Steven Riddick, Kevin Snodgrass, William Thorpe, Gary Wall. (Cox, Alyson) (Entered: 05/14/2019)

May 14, 2019

May 14, 2019

PACER
6

Motion to appear Pro Hac Vice by Owen Pell and Certification of Local Counsel Alyson Cox Filing fee $ 75, receipt number 0422-6639895. by Vernon Brooks, Brian Cavitt, Derek Cornelison, Christopher Cottrell, Frederick Hammer, Dmitry Khavkin, Gerald McNabb, Peter Mukuria, Steven Riddick, Kevin Snodgrass, William Thorpe, Gary Wall. (Cox, Alyson) (Entered: 05/14/2019)

May 14, 2019

May 14, 2019

PACER
7

Motion to appear Pro Hac Vice by Kristen McAhren and Certification of Local Counsel Alyson Cox Filing fee $ 75, receipt number 0422-6639911. by Vernon Brooks, Brian Cavitt, Derek Cornelison, Christopher Cottrell, Frederick Hammer, Dmitry Khavkin, Gerald McNabb, Peter Mukuria, Steven Riddick, Kevin Snodgrass, William Thorpe, Gary Wall. (Cox, Alyson) (Entered: 05/14/2019)

May 14, 2019

May 14, 2019

PACER
8

Motion to appear Pro Hac Vice by Timothy Wilson and Certification of Local Counsel Alyson Cox Filing fee $ 75, receipt number 0422-6639914. by Vernon Brooks, Brian Cavitt, Derek Cornelison, Christopher Cottrell, Frederick Hammer, Dmitry Khavkin, Gerald McNabb, Peter Mukuria, Steven Riddick, Kevin Snodgrass, William Thorpe, Gary Wall. (Cox, Alyson) (Entered: 05/14/2019)

May 14, 2019

May 14, 2019

PACER
14

SUMMONS Returned Executed as to Harold Clarke, Steve Herrick, Denise Malone, Randall C. Mathena, Tori Raiford, H. Scott Richeson, A. David Robinson, and Virginia Department Of Corrections served on 5/10/2019, answer due 5/31/2019. (jsau, ) (Entered: 05/17/2019)

May 16, 2019

May 16, 2019

PACER
9

ORDER GRANTING 4 Motion for Maxwell Jacob Kalmann to appear Pro hac vice for Vernon Brooks, Brian Cavitt, Derek Cornelison, Christopher Cottrell, Frederick Hammer, Dmitry Khavkin, Gerald McNabb, Peter Mukuria, Steven Riddick, Kevin Snodgrass, William Thorpe, and Gary Wall. Signed by District Judge Robert E. Payne on 5/15/19. (jsau, ) (Entered: 05/17/2019)

May 17, 2019

May 17, 2019

PACER
10

ORDER GRANTING 5 Motion for Daniel Bernard Levin to appear Pro hac vice for Vernon Brooks, Brian Cavitt, Derek Cornelison, Christopher Cottrell, Frederick Hammer, Dmitry Khavkin, Gerald McNabb, Peter Mukuria, Steven Riddick, Kevin Snodgrass, William Thorpe, and Gary Wall. Signed by District Judge Robert E. Payne on 5/15/19. (jsau, ) (Entered: 05/17/2019)

May 17, 2019

May 17, 2019

PACER
11

ORDER GRANTING 6 Motion for Owen Cary Pell to appear Pro hac vice for Vernon Brooks, Brian Cavitt, Derek Cornelison, Christopher Cottrell, Frederick Hammer, Dmitry Khavkin, Gerald McNabb, Peter Mukuria, Steven Riddick, Kevin Snodgrass, William Thorpe, and Gary Wall. Signed by District Judge Robert E. Payne on 5/15/19. (jsau, ) (Entered: 05/17/2019)

May 17, 2019

May 17, 2019

PACER
12

ORDER GRANTING 7 Motion for Kristen Jentsch McAhren to appear Pro hac vice for Vernon Brooks, Brian Cavitt, Derek Cornelison, Christopher Cottrell, Frederick Hammer, Dmitry Khavkin, Gerald McNabb, Peter Mukuria, Steven Riddick, Kevin Snodgrass, William Thorpe, and Gary Wall. Signed by District Judge Robert E. Payne on 5/15/19. (jsau, ) (Entered: 05/17/2019)

May 17, 2019

May 17, 2019

PACER
13

ORDER GRANTING 8 Motion for Timothy Lawrence Wilson, Jr. to appear Pro hac vice for Vernon Brooks, Brian Cavitt, Derek Cornelison, Christopher Cottrell, Frederick Hammer, Dmitry Khavkin, Gerald McNabb, Peter Mukuria, Steven Riddick, Kevin Snodgrass, William Thorpe, and Gary Wall. Signed by District Judge Robert E. Payne on 5/15/19. (jsau, ) (Entered: 05/17/2019)

May 17, 2019

May 17, 2019

PACER
15

SUMMONS Returned Executed as to: Marcus Elam served on 5/14/2019, answer due 6/4/2019; Jeffrey Kiser served on 5/16/2019, answer due 6/6/2019; Carl Manis served on 5/15/2019, answer due 6/5/2019; Henry J. Ponton served on 5/14/2019, answer due 6/4/2019. (jsau, ) (Entered: 05/23/2019)

May 23, 2019

May 23, 2019

PACER
16

NOTICE of Appearance by Margaret Hoehl O'Shea on behalf of Harold Clarke, Marcus Elam, Steve Herrick, Jeffrey Kiser, Denise Malone, Carl Manis, Randall C. Mathena, Henry J. Ponton, Tori Raiford, H. Scott Richeson, A. David Robinson, Virginia Department Of Corrections (O'Shea, Margaret) (Entered: 05/30/2019)

May 30, 2019

May 30, 2019

PACER
17

Joint MOTION for Extension of Time to File Response/Reply as to 1 Complaint,, and for Entry of a Consent Briefing Order by Harold Clarke, Marcus Elam, Steve Herrick, Jeffrey Kiser, Denise Malone, Carl Manis, Randall C. Mathena, Henry J. Ponton, Tori Raiford, H. Scott Richeson, A. David Robinson. (Attachments: # 1 Proposed Order)(O'Shea, Margaret) (Entered: 05/31/2019)

1 Proposed Order

View on PACER

May 31, 2019

May 31, 2019

PACER
18

MOTION to Dismiss for Failure to State a Claim and for Lack of Jurisdiction by Virginia Department Of Corrections. (O'Shea, Margaret) (Entered: 05/31/2019)

May 31, 2019

May 31, 2019

PACER
19

Memorandum in Support re 18 MOTION to Dismiss for Failure to State a Claim and for Lack of Jurisdiction filed by Virginia Department Of Corrections. (Attachments: # 1 Exhibit 1 - 1997 Court Order, # 2 Exhibit 2 - 1981 Complaint, # 3 Exhibit 3 - 1982 Amended Complaint, # 4 Exhibit 4 - 1983 Settlement Agreement, # 5 Exhibit 5 - April 1983 Court Order, # 6 Exhibit 6 - August 1983 Court Order, # 7 Exhibit 7 - 1983 Memorandum Opinion, # 8 Exhibit 8 - 1985 Order and Settlement Agreement, # 9 Exhibit 9 - Mem in Support Entry of Modified Decree, # 10 Exhibit 10 - 1984 Show Cause Motion, # 11 Exhibit 11 - Special Grand Jury Report)(O'Shea, Margaret) (Entered: 05/31/2019)

1 Exhibit 1 - 1997 Court Order

View on PACER

2 Exhibit 2 - 1981 Complaint

View on PACER

3 Exhibit 3 - 1982 Amended Complaint

View on PACER

4 Exhibit 4 - 1983 Settlement Agreement

View on PACER

5 Exhibit 5 - April 1983 Court Order

View on PACER

6 Exhibit 6 - August 1983 Court Order

View on PACER

7 Exhibit 7 - 1983 Memorandum Opinion

View on PACER

8 Exhibit 8 - 1985 Order and Settlement Agreement

View on PACER

9 Exhibit 9 - Mem in Support Entry of Modified Decree

View on PACER

10 Exhibit 10 - 1984 Show Cause Motion

View on PACER

11 Exhibit 11 - Special Grand Jury Report

View on PACER

May 31, 2019

May 31, 2019

PACER
20

ORDER that the 17 Joint Motion for Enlargement of Time to File Initial Responsive Pleadings and for Entry of a Consent Briefing Order is granted. It is further ORDERED that: All individual defendants shall file their Answers and any other motions with respect to the Complaint by June 14, 2019; the plaintiffs shall file their responses to any filed motions by July 9, 2019; and, the individual defendants shall file their replies in support of any filed motions by July 15, 2019. It is SO ORDERED. Signed by Magistrate Judge David J. Novak on 6/4/19. (jsau, ) (Entered: 06/04/2019)

June 4, 2019

June 4, 2019

PACER
21

MOTION to Dismiss for Failure to State a Claim and for Lack of Jurisdiction by Harold Clarke, Marcus Elam, Steve Herrick, Jeffrey Kiser, Denise Malone, Carl Manis, Randall C. Mathena, Henry J. Ponton, Tori Raiford, H. Scott Richeson, A. David Robinson. (O'Shea, Margaret) (Entered: 06/14/2019)

June 14, 2019

June 14, 2019

PACER
22

Memorandum in Support re 21 MOTION to Dismiss for Failure to State a Claim and for Lack of Jurisdiction filed by Harold Clarke, Marcus Elam, Steve Herrick, Jeffrey Kiser, Denise Malone, Carl Manis, Randall C. Mathena, Henry J. Ponton, Tori Raiford, H. Scott Richeson, A. David Robinson. (Attachments: # 1 Exhibit 1 - OP 830.2, # 2 Exhibit 2 - OP 841.4, # 3 Exhibit 3 - OP 830.1, # 4 Exhibit 4 - OP 730.3)(O'Shea, Margaret) (Entered: 06/14/2019)

1 Exhibit 1 - OP 830.2

View on PACER

2 Exhibit 2 - OP 841.4

View on PACER

3 Exhibit 3 - OP 830.1

View on PACER

4 Exhibit 4 - OP 730.3

View on PACER

June 14, 2019

June 14, 2019

PACER
23

Opposition to 18 MOTION to Dismiss for Failure to State a Claim and for Lack of Jurisdiction filed by Vernon Brooks, Brian Cavitt, Derek Cornelison, Christopher Cottrell, Frederick Hammer, Dmitry Khavkin, Gerald McNabb, Peter Mukuria, Steven Riddick, Kevin Snodgrass, William Thorpe, Gary Wall. (Attachments: # 1 Exhibit A)(Cox, Alyson) (Entered: 06/14/2019)

1 Exhibit A

View on PACER

June 14, 2019

June 14, 2019

PACER
24

ANSWER to Complaint by Harold Clarke, Marcus Elam, Steve Herrick, Jeffrey Kiser, Denise Malone, Carl Manis, Randall C. Mathena, Henry J. Ponton, Tori Raiford, H. Scott Richeson, A. David Robinson.(O'Shea, Margaret) (Entered: 06/14/2019)

June 14, 2019

June 14, 2019

PACER
25

REPLY to Response to Motion re 18 MOTION to Dismiss for Failure to State a Claim and for Lack of Jurisdiction filed by Virginia Department Of Corrections. (O'Shea, Margaret) (Entered: 06/20/2019)

June 20, 2019

June 20, 2019

PACER
26

Memorandum in Opposition to 21 MOTION to Dismiss for Failure to State a Claim and for Lack of Jurisdiction filed by Vernon Brooks, Brian Cavitt, Derek Cornelison, Christopher Cottrell, Frederick Hammer, Dmitry Khavkin, Gerald McNabb, Peter Mukuria, Steven Riddick, Kevin Snodgrass, William Thorpe, Gary Wall. (Cox, Alyson) Modified docket text on 7/10/2019 (jsau, ). (Entered: 07/09/2019)

July 9, 2019

July 9, 2019

PACER
27

REPLY to Response to Motion re 21 MOTION to Dismiss for Failure to State a Claim and for Lack of Jurisdiction filed by Harold Clarke, Marcus Elam, Steve Herrick, Jeffrey Kiser, Denise Malone, Carl Manis, Randall C. Mathena, Henry J. Ponton, Tori Raiford, H. Scott Richeson, A. David Robinson. (O'Shea, Margaret) (Entered: 07/15/2019)

July 15, 2019

July 15, 2019

PACER
28

MOTION for Leave to File Notice of Supplemental Authority by Vernon Brooks, Brian Cavitt, Derek Cornelison, Christopher Cottrell, Frederick Hammer, Dmitry Khavkin, Gerald McNabb, Peter Mukuria, Steven Riddick, Kevin Snodgrass, William Thorpe, Gary Wall. (Attachments: # 1 Exhibit A)(Cox, Alyson) (Entered: 07/30/2019)

1 Exhibit A

View on PACER

July 30, 2019

July 30, 2019

PACER
29

JOINT REPORT of Rule 26(f) Planning Meeting by Vernon Brooks, Brian Cavitt, Derek Cornelison, Christopher Cottrell, Frederick Hammer, Dmitry Khavkin, Gerald McNabb, Peter Mukuria, Steven Riddick, Kevin Snodgrass, William Thorpe, Gary Wall (Cox, Alyson). Modified docket text on 10/11/2019 (sbea, ). (Entered: 10/11/2019)

Oct. 11, 2019

Oct. 11, 2019

PACER
30

ORDER 1) By November 4, 2019, the Plaintiffs shall file a Statement of Position addressing why this action should not be transferred to the United States District Court for the Western District of Virginia and, in so doing, shall consider the decision in Nicolas Reyes v. Harold Clarke, et al., Civil Action No. 3:18cv611; and 2) By November 15, 2019, the Defendants shall file a Responsive Statement of Position; and 3) By November 21, 2019, the Plaintiffs shall file a Reply Statement of Position. It is so ORDERED. Signed by Senior United States District Judge Robert E. Payne on 10/21/2019. (sbea, ) (Entered: 10/21/2019)

Oct. 21, 2019

Oct. 21, 2019

PACER
31

Plaintiffs' Statement of Position in Support of Venue and Opposing Discretionary Transfer Responding re: 30 Order, filed by Vernon Brooks, Brian Cavitt, Derek Cornelison, Christopher Cottrell, Frederick Hammer, Dmitry Khavkin, Gerald McNabb, Peter Mukuria, Steven Riddick, Kevin Snodgrass, William Thorpe, Gary Wall (Cox, Alyson). Clerk modified docket text on 11/5/2019 (sbea, ). (Entered: 11/04/2019)

Nov. 4, 2019

Nov. 4, 2019

PACER
32

Response to 30 Order,, Statement of Position filed by Harold Clarke, Marcus Elam, Steve Herrick, Jeffrey Kiser, Denise Malone, Carl Manis, Randall C. Mathena, Henry J. Ponton, Tori Raiford, H. Scott Richeson, A. David Robinson, Virginia Department Of Corrections. (Attachments: # 1 Affidavit Affidavit of Mr. Ponton)(Eckstein, Maya) (Entered: 11/15/2019)

1 Affidavit Affidavit of Mr. Ponton

View on PACER

Nov. 15, 2019

Nov. 15, 2019

PACER
33

NOTICE of Appearance by Maya Miriam Eckstein on behalf of Harold Clarke, Marcus Elam, Steve Herrick, Jeffrey Kiser, Denise Malone, Carl Manis, Randall C. Mathena, Henry J. Ponton, Tori Raiford, H. Scott Richeson, A. David Robinson, Virginia Department Of Corrections (Eckstein, Maya) (Entered: 11/15/2019)

Nov. 15, 2019

Nov. 15, 2019

PACER
34

NOTICE of Appearance by Trevor Stephen Cox on behalf of Harold Clarke, Marcus Elam, Steve Herrick, Jeffrey Kiser, Denise Malone, Carl Manis, Randall C. Mathena, Henry J. Ponton, Tori Raiford, H. Scott Richeson, A. David Robinson, Virginia Department Of Corrections (Cox, Trevor) (Entered: 11/16/2019)

Nov. 16, 2019

Nov. 16, 2019

PACER
35

Reply to 32 Response, In Support of Class Plaintiffs' Statement of Position in Support of Venue and Opposing Discretionary Transfer filed by Vernon Brooks, Brian Cavitt, Derek Cornelison, Christopher Cottrell, Frederick Hammer, Dmitry Khavkin, Gerald McNabb, Peter Mukuria, Steven Riddick, Kevin Snodgrass, William Thorpe, Gary Wall. (Cox, Alyson) (Entered: 11/21/2019)

Nov. 21, 2019

Nov. 21, 2019

PACER
36

MOTION for Leave to File Notice of Supplemental Authority by Vernon Brooks, Brian Cavitt, Derek Cornelison, Christopher Cottrell, Frederick Hammer, Dmitry Khavkin, Gerald McNabb, Peter Mukuria, Steven Riddick, Kevin Snodgrass, William Thorpe, Gary Wall. (Attachments: # 1 Exhibit 1)(Cox, Alyson) (Entered: 11/26/2019)

1 Exhibit 1

View on PACER

Nov. 26, 2019

Nov. 26, 2019

PACER
37

RESPONSE in Opposition re 36 MOTION for Leave to File Notice of Supplemental Authority filed by Harold Clarke, Marcus Elam, Steve Herrick, Jeffrey Kiser, Denise Malone, Carl Manis, Randall C. Mathena, Henry J. Ponton, Tori Raiford, H. Scott Richeson, A. David Robinson, Virginia Department Of Corrections. (Eckstein, Maya) (Entered: 12/05/2019)

Dec. 5, 2019

Dec. 5, 2019

PACER
38

REPLY to Response to Motion re 36 MOTION for Leave to File Notice of Supplemental Authority filed by Vernon Brooks, Brian Cavitt, Derek Cornelison, Christopher Cottrell, Frederick Hammer, Dmitry Khavkin, Gerald McNabb, Peter Mukuria, Steven Riddick, Kevin Snodgrass, William Thorpe, Gary Wall. (Cox, Alyson) (Entered: 12/06/2019)

Dec. 6, 2019

Dec. 6, 2019

PACER
39

ORDER that the CLASS PLAINTIFFS' MOTION FOR LEAVE TO FILE NOTICE OF SUPPLEMENTAL AUTHORITY (ECF No. 28 ) is granted. It is so ORDERED. Signed by Senior United States District Judge Robert E. Payne on 4/8/2020. (sbea, ) (Entered: 04/08/2020)

April 8, 2020

April 8, 2020

PACER
40

MEMORANDUM OPINION. See Opinion for details. It is so ORDERED. Signed by Senior United States District Judge Robert E. Payne on 4/20/2020. (sbea, ) (Entered: 04/21/2020)

April 21, 2020

April 21, 2020

RECAP
41

ORDER that the Defendants' Motion to Transfer (ECF No. 32 ) is granted. It is further ORDERED that the Clerk shall transfer this action to the Western District of Virginia. It is so ORDERED. Signed by Senior United States District Judge Robert E. Payne on 4/20/2020. (sbea, ) (Entered: 04/21/2020)

April 21, 2020

April 21, 2020

PACER

Case transferred to the Western District of Virginia. Original file, Copy of Transfer Order, and Docket Report sent. (sbea, ) Modified on 6/3/2020 (sbea, ).

April 21, 2020

April 21, 2020

PACER
42

Letter from Randall Keystone re: Case Status. (Attachments: # 1 Letter from the Clerk, # 2 Envelope). (sbea,) (Entered: 06/03/2020)

1 Letter from the Clerk

View on RECAP

2 Envelope

View on PACER

June 1, 2020

June 1, 2020

PACER

Case Details

State / Territory: Virginia

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: May 6, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Twelve prisoners at the Red Onion and Wallens Ridge facilities who have each been held in solitary confinement for at least two years.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Virginia Department of Corrections (Richmond, VA), State

Warden (Pound, VA), State

Warden (Big Stone Gap, VA), State

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.

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

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Equal Protection

Availably Documents:

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Administrative segregation

Conditions of confinement

Disciplinary segregation

Grievance Procedures

Protective custody

Rehabilitation

Solitary confinement/Supermax (conditions or process)

Disability:

Mental impairment

Medical/Mental Health:

Mental health care, general

Type of Facility:

Government-run