Case: Mathis v. GEO Group, Inc.

2:08-ct-00021 | U.S. District Court for the Eastern District of North Carolina

Filed Date: May 28, 2008

Closed Date: 2012

Clearinghouse coding complete

Case Summary

This is a case about poor conditions at a North Carolina private prison. On June 28, 2007, a group of men held at the Rivers Correctional Institution in North Carolina brought this class action suit in the United States District Court for the District of Columbia. They sued GEO Group, Inc., the private company that owned and operated the prison, and the United States Federal Bureau of Prisons. The plaintiffs, represented by private counsel, the Legal Aid Justice Center, and the Washington Lawye…

This is a case about poor conditions at a North Carolina private prison. On June 28, 2007, a group of men held at the Rivers Correctional Institution in North Carolina brought this class action suit in the United States District Court for the District of Columbia. They sued GEO Group, Inc., the private company that owned and operated the prison, and the United States Federal Bureau of Prisons. The plaintiffs, represented by private counsel, the Legal Aid Justice Center, and the Washington Lawyers’ Committee for Civil Rights, sought declaratory, injunctive, and compensatory relief, claiming statutory violations under the Rehabilitation Act, violations of the Eighth Amendment, and negligence.

The plaintiffs alleged that the defendants were deliberately indifferent to the health and welfare of the class, that they had excluded prisoners with disabilities from other services and programs, and that they had deliberately deprived the plaintiffs of adequate medical, dental, and mental health care. For example, the named plaintiff suffered improper treatment of a cavity at Rivers and ultimately underwent emergency surgery, which removed the infection and saved his life but left him deformed and disabled. The plaintiffs also alleged that GEO Group had breached its contract with the U.S. Government, which required GEO Group to provide its prisoners with “medical services that are commensurate with community standards.”

On July 26, 2007, the defendants filed a motion to dismiss and, in the alternative, to transfer the case on the grounds that the D.C. Court lacked personal jurisdiction over GEO Group. On September 18, 2007, the United States Bureau of Prisons also filed a motion to dismiss or transfer. The plaintiffs filed a motion for class certification on September 25, 2007. Both parties filed motions for time extensions to file responses to the motions, but on February 28, 2008, Judge Ricardo M. Urbina, agreeing that “transferring the case furthers the interests of justice,” granted the defendants’ motion to transfer the case to the Eastern District of North Carolina. 535 F. Supp. 2d 83 (D.D.C. 2008). The case was then transferred to North Carolina, where it was assigned to Senior District Judge Malcolm J. Howard.

On October 24, 2008, the plaintiffs filed an amended complaint, stipulating the requests for both the class and the Disability Sub-Class (which consisted of prisoners who had been allegedly denied access to programs and services they should have been provided under the Rehabilitation Act) and demanding a jury trial. The defendants moved to strike the amended complaint on January 5, 2009, and simultaneously filed motions to dismiss the suit. On February 16, 2009, GEO Group filed a notice of subsequently decided authority, citing Judge James C. Dever’s February 13, 2009 decision dismissing a prisoner's claims to relief for failure to comply with North Carolina Rule of Civil Procedure 9(j), regarding special pleading requirements for medical malpractice. The Bureau of Prisons also filed a notice of subsequently decided authority on April 14, 2009, noting that the Fourth Circuit had affirmed a district court’s finding that the Rehabilitation Act did not apply to federal prisons.

The case was reassigned from Judge Howard to Judge James C. Dever on July 22, 2008, and Judge Dever issued three orders: denying the defendants’ motion to dismiss and their motion to strike the amended complaint, and denying without prejudice the plaintiffs’ motion for class certification. On November 9, 2009, Judge Dever granted the defendants’ motion to dismiss because two of the named plaintiffs had been released and for failure to state a claim. The opinion dealt extensively with the Rehabilitation Act claim, finding that there was no cause of action to enforce the Rehabilitation Act against the federal government based on its actions administering a procurement act, and none against GEO because its activities were neither "federally conducted" nor "federally assisted." In addition, the court found that the claims were not truly about discrimination but rather claims to better medical care. The court granted the plaintiffs leave to re-file an amended complaint. 2009 WL 10736631. The plaintiffs filed a second amended complaint on December 9, 2009, which the defendants moved to dismiss on January 22, 2010. After a hearing on the motions conducted on January 31, the Federal Bureau of Prisons filed a motion to dismiss on February 2.

On September 29, 2010, Judge Dever granted GEO Group’s motion to dismiss and granted in part the Federal Bureau of Prisons’ motion to dismiss, largely because the plaintiffs still failed to state a claim; however, the judge gave the plaintiffs leave to file a third amended complaint. 2010 WL 3835141.

The plaintiffs accordingly filed a third amended complaint on October 25, 2010. The plaintiffs continued to allege that GEO Group “manifested a pervasive and deliberate indifference to the health needs of” the prisoners at Rivers. The complaint described ten separate prisoners who had suffered deprivation of medical care or inadequate medical care while at Rivers and who had suffered injury, hospitalization, or disability as a result.

GEO Group filed an unopposed motion to dismiss GEO Group as a defendant on November 29, 2010, noting that the Court had stated that it would dismiss the claims in the Third Amended Complaint as to GEO. The Bureau of Prisons filed a motion to dismiss on December 3, 2010.

On July 18, 2011, Judge Dever granted GEO Group’s motion to dismiss as a defendant, citing the November 9, 2009 motion to dismiss, in which GEO argued that GEO’s actions at Rivers did not qualify as government action against which Eighth Amendment claims could be raised. However, the court rejected the Bureau of Prison’s argument that the plaintiffs failed to exhaust their administrative remedies because the Bureau failed to adequately support their argument with evidence. 2011 WL 2899135.

The plaintiffs again attempted to file for class certification on August 23, 2011, against which the Bureau of Prisons filed a motion to stay while they filed a motion to dismiss one of the plaintiffs. On September 26, 2011, Judge Dever granted the defendants’ motion to dismiss one plaintiff for lack of subject matter jurisdiction, pursuant to the parties’ agreement.

The Bureau of Prisons also filed a motion for reconsideration of the court’s July 18, 2011 order. Judge Dever denied that motion on January 9, 2012, finding that the defendants failed to persuade the court that the plaintiffs had failed to exhaust administrative remedies or that precedent required the court to dismiss the case. 2012 WL 43586.

On February 23, 2012, Judge Dever denied the plaintiffs’ motion for class certification, finding that the plaintiffs failed to satisfy the commonality requirement for class certification. 2012 WL 600865. After that, a status conference was set for March 8, 2012, but before the conference could commence, the remaining named plaintiff was transferred, and the parties stipulated to dismissal on March 26, 2012. The case is now closed.

Summary Authors

Elizabeth Helpling (2/14/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5449485/parties/mathis-v-geo-group-inc/


Judge(s)

Dever, James C. III (North Carolina)

Howard, Malcolm Jones (North Carolina)

Urbina, Ricardo M. (District of Columbia)

Attorneys(s) for Plaintiff

Estrada, Danielle (District of Columbia)

Finkenstadt, Ivy (Virginia)

Fornaci, Phillip Jerome (District of Columbia)

Golden, Deborah Maxine (District of Columbia)

Hall, Sarah M (District of Columbia)

Herman, Anthony (District of Columbia)

Kahl, Donald L (District of Columbia)

Judge(s)

Dever, James C. III (North Carolina)

Howard, Malcolm Jones (North Carolina)

Urbina, Ricardo M. (District of Columbia)

Attorneys(s) for Plaintiff

Estrada, Danielle (District of Columbia)

Finkenstadt, Ivy (Virginia)

Fornaci, Phillip Jerome (District of Columbia)

Golden, Deborah Maxine (District of Columbia)

Hall, Sarah M (District of Columbia)

Herman, Anthony (District of Columbia)

Kahl, Donald L (District of Columbia)

Lange, Ivy (District of Columbia)

Morgan, James R. Jr. (North Carolina)

Numbers, Robert T II (North Carolina)

Ridings, Donald J Jr (District of Columbia)

Riemann, Neil A. (North Carolina)

Schattschneider, Laura E (District of Columbia)

Attorneys(s) for Defendant

Boyle, W. Ellis (North Carolina)

Israel, Deborah J. (District of Columbia)

Melnik, Karen L (District of Columbia)

Renfer, R. A. Jr. (North Carolina)

Wyer, Kathryn L. (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

U.S. District Court for the District of Columbia

June 2, 2008 Docket

Civil Docket

Mathis v. GEO Group Inc

March 26, 2012 Docket
3

Class Action Complaint for Declaratory and Injunctive Relief and for Damages

Mathis v. GEO Group Inc

U.S. District Court for the District of Columbia

June 28, 2007 Complaint
31

Plaintiffs' Motion for Class Certification

Mathis v. GEO Group Inc

U.S. District Court for the District of Columbia

Sept. 25, 2007 Pleading / Motion / Brief
42

Memorandum Opinon: Granting the Defendant's Motions to Transfer

Mathis v. Geo Group Inc

U.S. District Court for the District of Columbia

535 F.Supp.2d 83

Feb. 28, 2008 Order/Opinion
88

Order

Mathis v. Geo Group Inc

Sept. 30, 2009 Order/Opinion
96-2

Order

Mathis v. Geo

2009 WL 10736631

Nov. 9, 2009 Order/Opinion
98

Second Amended Complaint Jury Trial Demanded

Calland v. Geo Group Inc

Dec. 9, 2009 Complaint
122

Order

2010 WL 3835141

Sept. 29, 2010 Order/Opinion
155

Order

2011 WL 2899135

July 18, 2011 Order/Opinion

Resources

Title Description External URL

The Caged Canary

Elizabeth Alexander

The United States has experienced an explosion in the number of people in prison, an explosion that cannot be attributed to changes in the crime rate, but rather reflects changes in public policy, pa… Dec. 1, 2008 http://scholarship.law.wm.edu/...

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5449485/mathis-v-geo-group-inc/

Last updated May 20, 2022, 5:12 a.m.

ECF Number Description Date Link
1

MOTION for Leave to Proceed by Pseudonym by CARL BUTLER, HAROLD ROBINSON, CHARLES LEWIS, JOHN DOE, JOHN ROE, JIMMIE FOWLER, KEITH MATHIS, REON HOLLOWAY, DAVID ROGERS, BENJAMIN HAMILTON (Attachments: # 1 Text of Proposed Order, # 2 Memordum in Support)(jf, ). Modified on 7/2/2007 (jf, ). (Entered: 07/02/2007)

June 28, 2007
42

MEMORANDUM OPINION. Signed by Judge Ricardo M. Urbina on 2/28/08. (lcrmu2) [Transferred from District of Columbia on 6/2/2008.]

Feb. 28, 2008 RECAP
122

ORDER granting 104 Motion to Dismiss and granting in part and denying in part 107 Motion to Dismiss. Counts Two through Four of the second amended complaint are DISMISSED. Granting 114 Motion to Amend. Plaintiff shall file his third amended complaint not later than October 25, 2010. Signed by Judge James C. Dever III on 9/29/2010. (Indig, A.)

Sept. 29, 2010 RECAP
2

ORDER temporarily granting 1 MOTION for Leave to Proceed by Pseudonym. Signed by Judge Royce C. Lamberth on June 28, 2007. (See order for further details). (jf, ) (Entered: 07/02/2007)

June 28, 2007
3

COMPLAINT against GEO GROUP INC., FEDERAL BUREAU OF PRISONS, HARLEY LAPPIN ( Filing fee $ 350, receipt number 4616005174) filed by CARL BUTLER, HAROLD ROBINSON, CHARLES LEWIS, JOHN DOE, JOHN ROE, JIMMIE FOWLER, KEITH MATHIS, REON HOLLOWAY, DAVID ROGERS, BENJAMIN HAMILTON. (Attachments: # 1 Civil Cover Sheet)(jf, ) (Entered: 07/02/2007)

June 28, 2007
155

ORDER granting 130 Motion to Dismiss; granting in part and denying in part without prejudice 133 Motion to Dismiss; granting in part and denying in part 132 Motion to Seal Document - the court directs the clerk to maintain under seal (rather th an ex parte) only Exhibits D and E to the declaration of Dr. Daniel De Jesus; granting 137 Motion for Discovery; granting 139 Motion Denial Without Prejudice of or Continuance to respond to Federal Defendants' Motion for Summary Judgment (pursuant to Rule 56(d)); granting 146 Motion to Strike. Counts two through four of the third amended complaint are dismissed. Signed by District Judge James C. Dever, III on 7/18/2011. (McDowell, G.)

July 18, 2011 RECAP

Summons (6) Issued as to GEO GROUP INC.(2), FEDERAL BUREAU OF PRISONS (2), HARLEY LAPPIN (2). (jf, ) Modified on 7/2/2007 (jf, ). (Entered: 07/02/2007)

July 2, 2007
171

ORDER - Louis Calland is hereby DISMISSED as a plaintiff to this action for lack of subject matter jurisdiction and DISMISSING as moot 167 Motion to Dismiss. Signed by District Judge James C. Dever III on 9/26/2011. (Indig, A.)

Sept. 26, 2011 RECAP
177

ORDER - denying 159 Motion for Reconsideration; granting 165 Motion to Stay and the Bureau of Prison defendants shall file their response to plaintiffs' motion for class certification not later than 1/30/2012. Plaintiffs' shall file a ny reply not later than 2/6/2012. The court hereby REFERS the parties' proposed discovery schedules to United States Magistrate Judge James E. Gates for entry of a scheduling order. Signed by Chief Judge James C. Dever III on 1/9/2012. (McDowell, G.)

Jan. 9, 2012 RECAP

SUMMONS (2) Issued as to FEDERAL BUREAU OF PRISONS, U.S. Attorney and U.S. Attorney General. (jf, ) (Entered: 07/02/2007)

July 2, 2007
180

ORDER - DENYING 161 Motion to Certify Class. The court requests that Magistrate Judge Gates hold a status conference and set a schedule to move Terrell's claim towards prompt resolution. Signed by Chief Judge James C. Dever III on 2/23/2012. (Indig, A.)

Feb. 23, 2012 RECAP
4

MOTION to Dismiss and Motion to Transfer by GEO GROUP INC. (Attachments: # 1 Statement of Facts # 2 Exhibit Affadavit of John White# 3 Exhibit Jackson v. FBOP Caselaw# 4 Exhibit McCullough v. BOP Caselaw# 5 Exhibit FJC Statistics# 6 Text of Proposed Order)(Israel, Deborah) (Entered: 07/26/2007)

July 26, 2007
5

MOTION to Transfer Case by GEO GROUP INC. (See Docket Entry 4 to view document). (nmw, ) (Entered: 07/27/2007)

July 26, 2007
6

NOTICE of Appearance by Karen L. Melnik on behalf of FEDERAL BUREAU OF PRISONS, HARLEY LAPPIN (Melnik, Karen) (Entered: 08/08/2007)

Aug. 8, 2007
7

NOTICE of Appearance by Danielle M. Estrada on behalf of all plaintiffs (Estrada, Danielle) (Entered: 08/09/2007)

Aug. 9, 2007
8

NOTICE of Appearance by Anthony Herman on behalf of all plaintiffs (Herman, Anthony) (Entered: 08/09/2007)

Aug. 9, 2007
9

Memorandum in opposition to re 4 MOTION to Dismiss and Motion to Transfer , 5 MOTION to Transfer Case filed by CARL BUTLER, HAROLD ROBINSON, CHARLES LEWIS, JOHN DOE, JOHN ROE, JIMMIE FOWLER, KEITH MATHIS, REON HOLLOWAY, DAVID ROGERS, BENJAMIN HAMILTON. (Attachments: # 1 Affidavit of Danielle M. Estrada# 2 Exhibit 1 Part 1# 3 Exhibit 1 Part 2# 4 Exhibit 2# 5 Exhibit 3# 6 Text of Proposed Order)(Estrada, Danielle) (Entered: 08/09/2007)

Aug. 9, 2007
10

NOTICE of Appearance by Donald Lee Kahl on behalf of all plaintiffs (Kahl, Donald) (Entered: 08/10/2007)

Aug. 10, 2007
11

NOTICE of Appearance by Ivy Ann Lange on behalf of all plaintiffs (Lange, Ivy) (Entered: 08/17/2007)

Aug. 17, 2007
12

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. GEO GROUP INC. served on 7/5/2007, answer due 7/25/2007 (Estrada, Danielle) (Entered: 08/20/2007)

Aug. 20, 2007
13

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the US Attorney. FEDERAL BUREAU OF PRISONS served on 7/5/2007, answer due 9/4/2007 (Estrada, Danielle) (Entered: 08/20/2007)

Aug. 20, 2007
14

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the US Attorney. HARLEY LAPPIN served on 7/5/2007, answer due 9/4/2007 (Estrada, Danielle) (Entered: 08/20/2007)

Aug. 20, 2007
15

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to (Attachments: # 1 Exhibit Receipt for Certified Mail)(Estrada, Danielle) (Entered: 08/20/2007)

Aug. 20, 2007
16

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to (Attachments: # 1 Exhibit Receipt for Certified Mail)(Estrada, Danielle) (Entered: 08/20/2007)

Aug. 20, 2007
17

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on Attorney General. Date of Service Upon Attorney General 07/06/2007. (Attachments: # 1 Exhibit Receipt for Certified Mail)(Estrada, Danielle) Modified on 8/20/2007 (jf, ). (Entered: 08/20/2007)

Aug. 20, 2007
18

ENTERED IN ERROR.....Memorandum in opposition to re 4 MOTION to Dismiss and Motion to Transfer filed by GEO GROUP INC.. (Attachments: # 1 Exhibit # 2 Exhibit)(Israel, Deborah) Modified on 8/21/2007 (nmw, ). (Entered: 08/20/2007)

Aug. 20, 2007
19

ENTERED IN ERROR.....Memorandum in opposition to re 4 MOTION to Dismiss and Motion to Transfer filed by GEO GROUP INC.. (Attachments: # 1 Exhibit # 2

Aug. 20, 2007
21

ENTERED IN ERROR.....REPLY to opposition to motion re 4 MOTION to Dismiss and Motion to Transfer , 5 MOTION to Transfer Case filed by GEO GROUP INC. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(nmw, ) Modified on 8/22/2007 (ztd, ). (Entered: 08/21/2007)

Aug. 20, 2007

ENTERED IN ERROR.....NOTICE OF CORRECTED DOCKET ENTRY: Docket Entries 18 and 19 were entered in error as an opposition and was refiled as Docket Entry 21 . (nmw, ) Modified on 8/22/2007 (ztd, ). (Entered: 08/21/2007)

Aug. 21, 2007
22

NOTICE of Appearance by Philip J. Fornaci on behalf of all plaintiffs (Fornaci, Philip) (Entered: 08/21/2007)

Aug. 21, 2007
23

REPLY to opposition to motion re 4 MOTION to Dismiss and Motion to Transfer , 5 MOTION to Transfer Case filed by GEO GROUP INC.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(td, ) (Entered: 08/22/2007)

Aug. 21, 2007

NOTICE OF CORRECTED DOCKET ENTRY: re 19 Memorandum in Opposition, 21 Reply to opposition to Motion, Notice of Corrected Docket Entry, 18 Memorandum in Opposition was entered in error per counsel and refiled as Docket Entry 23 . Docket Entry 19 was the corrected document, however, the wrong event was selected. (td, ) Modified on 8/23/2007 (nmw, ). (Entered: 08/22/2007)

Aug. 21, 2007
24

NOTICE of Subtitution of Counsel by Kathryn L. Wyer on behalf of FEDERAL BUREAU OF PRISONS, HARLEY LAPPIN Substituting for attorney Karen L. Melnik (Wyer, Kathryn) (Entered: 08/23/2007)

Aug. 23, 2007
25

Unopposed MOTION for Extension of Time to File Answer or Otherwise Plead by FEDERAL BUREAU OF PRISONS, HARLEY LAPPIN (Attachments: # 1 Text of Proposed Order)(Wyer, Kathryn) (Entered: 08/23/2007)

Aug. 23, 2007

MINUTE ORDER granting 25 Unopposed Motion for Extension of Time. The federal defendants' response to the complaint is due on or before September 18, 2007. Signed by Judge Ricardo M. Urbina on 8/23/07. (lcrmu2) (Entered: 08/23/2007)

Aug. 23, 2007

ENTER IN ERROR.....Set Deadlines/Hearings: Factual discovery will conclude on 11/30/07, expert reports are due on 11/30/07 and 12/20/07 respectively, and expert discovery will close on 01/15/08 (jwd ) Modified on 8/28/2007 (jwd, ). (Entered: 08/24/2007)

Aug. 24, 2007

NOTICE OF CORRECTED DOCKET ENTRY: Please disregard the Set Deadlines/Hearing Entry enter in this case on 8/24/2007. This entry should have been for a different civil action. ENTER IN ERROR has been place in front of the 8/24/2007 Set Deadlines/Hearing entry.(jwd) (Entered: 08/28/2007)

Aug. 28, 2007
26

MOTION for Leave to File Surreply by CARL BUTLER, HAROLD ROBINSON, CHARLES LEWIS, JOHN DOE, JOHN ROE, JIMMIE FOWLER, KEITH MATHIS, REON HOLLOWAY, DAVID ROGERS, BENJAMIN HAMILTON (Attachments: # 1 Surreply# 2 Exhibit A to Exhibit declaration of Deborah Golden# 3 Exhibit Exhibit 2 Declaration of Deborah Golden# 4 Text of Proposed Order granting leave to file surreply)(Lange, Ivy) (Entered: 08/31/2007)

Aug. 31, 2007
27

Memorandum in opposition to re 26 MOTION for Leave to File Surreply filed by GEO GROUP INC.. (Attachments: # 1 Text of Proposed Order Order)(Israel, Deborah) (Entered: 09/12/2007)

Sept. 12, 2007
28

MOTION to Dismiss by FEDERAL BUREAU OF PRISONS, HARLEY LAPPIN (Attachments: # 1 Text of Proposed Order # 2 Exhibit 1 − Declaration of James R Schluter# 3 Exhibit 1 attachment − Document A# 4 Exhibit 1 attachment −Document B# 5 Exhibit 1 attachment − Document C# 6 Exhibit 1 attachment − Document D# 7 Exhibit 1 attachment − Document E# 8 Exhibit 1 attachment − Document F# 9 Exhibit 1 attachment − Document G# 10 Exhibit 1 attachment − Document H)(Wyer, Kathryn)

Sept. 18, 2007
30

Consent MOTION for Extension of Time to File Response/Reply as to 28 MOTION to Dismiss, 29 MOTION to Transfer Case by CARL BUTLER, HAROLD ROBINSON, CHARLES LEWIS, JOHN DOE, JOHN ROE, JIMMIE FOWLER, KEITH MATHIS, REON HOLLOWAY, DAVID ROGERS, BENJAMIN HAMILTON (Attachments: # 1 Text of Proposed Order)(Estrada, Danielle) (Entered: 09/24/2007)

Sept. 24, 2007

MINUTE ORDER granting 30 Consent Motion for Extension of Time to File Response/Reply. It is hereby ORDERED that the plaintiffs' response to the federal defendants' motion to dismiss is due on or before October 26, 2007. Signed by Judge Ricardo M. Urbina on 9/25/07. (lcrmu2) (Entered: 09/25/2007)

Sept. 25, 2007

Set Deadlines/Hearings: plaintiffs' response to the federal defendants' motion to dismiss due by 10/26/2007.(jwd) (Entered: 09/25/2007)

Sept. 25, 2007
31

MOTION to Certify Class by CARL BUTLER, HAROLD ROBINSON, CHARLES LEWIS, JOHN DOE, JOHN ROE, JIMMIE FOWLER, KEITH MATHIS, REON HOLLOWAY, DAVID ROGERS, BENJAMIN HAMILTON (Attachments: # 1 Memorandum of Points and Authorities in Support of Motion for Class Certification# 2 Text of Proposed Order)(Estrada, Danielle) (Entered: 09/25/2007)

Sept. 25, 2007
32

Unopposed MOTION for Extension of Time to File Response/Reply as to 31 MOTION to Certify Class by FEDERAL BUREAU OF PRISONS, HARLEY LAPPIN (Attachments: # 1 Text of Proposed Order)(Wyer, Kathryn) (Entered: 10/04/2007)

Oct. 4, 2007

MINUTE ORDER granting 32 the Federal Defendants' Unopposed Motion for Extension of Time to File Response/Reply. It is hereby ordered that the Federal Defendants' response to the plaintiffs' motion for class certification is due on or before November 2, 2007. Signed by Judge Ricardo M. Urbina on 10/5/07. (lcrmu2) (Entered: 10/05/2007)

Oct. 5, 2007

Set/Reset Deadlines: Response to motion for class certification due by 11/2/2007 (mpt, ) (Entered: 10/05/2007)

Oct. 5, 2007
33

Unopposed MOTION for Extension of Time to File Response/Reply as to 31 MOTION to Certify Class by GEO GROUP INC. (Attachments: # 1 Text of Proposed Order Order)(Israel, Deborah) (Entered: 10/05/2007)

Oct. 5, 2007

MINUTE ORDER granting 33 the Defendant's Unopposed Motion for Extension of Time to File Response/Reply. It is hereby ordered that GEO Group's response to the plaintiffs' motion for class certification is due on or before November 2, 2007. Signed by Judge Ricardo M. Urbina on 10/5/07. (lcrmu2) (Entered: 10/05/2007)

Oct. 5, 2007

Set/Reset Deadlines: Response to motion for class certification due by 11/2/2007 (mpt, ) (Entered: 10/05/2007)

Oct. 5, 2007
34

Memorandum in opposition to re 28 MOTION to Dismiss, 29 MOTION to Transfer Case filed by CARL BUTLER, HAROLD ROBINSON, CHARLES LEWIS, JOHN DOE, JOHN ROE, JIMMIE FOWLER, KEITH MATHIS, REON HOLLOWAY, DAVID ROGERS, BENJAMIN HAMILTON. (Attachments: # 1 Text of Proposed Order # 2 Exhibit Unpublished Decisions)(Estrada, Danielle) (Entered: 10/26/2007)

Oct. 26, 2007
35

Consent MOTION for Extension of Time to File Response/Reply as to 28 MOTION to Dismiss, 29 MOTION to Transfer Case by FEDERAL BUREAU OF PRISONS, HARLEY LAPPIN (Attachments: # 1 Text of Proposed Order)(Wyer, Kathryn) (Entered: 10/29/2007)

Oct. 29, 2007

MINUTE ORDER granting 35 the Federal Defendants' Consent Motion for Extension of Time to File Response/Reply. It is hereby ordered that the Federal Defendants' Reply to the Plaintiffs' Opposition to the Federal Defendants' Motion to Dismiss is due on or before December 3, 2007. Signed by Judge Ricardo M. Urbina on 10/30/07. (lcrmu2) (Entered: 10/30/2007)

Oct. 30, 2007
36

Memorandum in opposition to re 31 MOTION to Certify Class filed by GEO GROUP INC.. (Attachments: # 1 Exhibit 1 − Brown v. Artery# 2 Exhibit 2 − Clark v. State of California# 3 Exhibit 3 − Maydak v. US of America# 4 Exhibit 4 − Williams v. Glickman# 5 Text of Proposed Order)(Israel, Deborah) Modified on 11/5/2007 (nmw, ). (Entered: 11/02/2007)

Nov. 2, 2007
37

Memorandum in opposition to re 31 MOTION to Certify Class filed by FEDERAL BUREAU OF PRISONS, HARLEY LAPPIN. (Attachments: # 1 Text of Proposed Order)(Wyer, Kathryn) (Entered: 11/02/2007)

Nov. 2, 2007
38

Unopposed MOTION for Extension of Time to File Response/Reply as to 31 MOTION to Certify Class by CARL BUTLER, HAROLD ROBINSON, CHARLES LEWIS, JOHN DOE, JOHN ROE, JIMMIE FOWLER, KEITH MATHIS, REON HOLLOWAY, DAVID ROGERS, BENJAMIN HAMILTON (Attachments: # 1 Text of Proposed Order)(Estrada, Danielle) (Entered: 11/06/2007)

Nov. 6, 2007

MINUTE ORDER granting 38 Unopposed Motion for Extension of Time to File Response/Reply. It is hereby ordered that the plaintiffs' reply to the defendants' opposition to class certification is due on or before Friday, November 30, 2007. Signed by Judge Ricardo M. Urbina on 11/6/07. (lcrmu2) (Entered: 11/06/2007)

Nov. 6, 2007

Set Deadlines/Hearings: defendants' opposition to class certification is due on or before Friday, November 30, 2007(jwd) (Entered: 11/06/2007)

Nov. 6, 2007
39

REPLY to opposition to motion re 31 MOTION to Certify Class filed by CARL BUTLER, HAROLD ROBINSON, JOHN DOE, JOHN ROE, JIMMIE FOWLER, KEITH MATHIS, REON HOLLOWAY, DAVID ROGERS, BENJAMIN HAMILTON. (Attachments: # 1 Exhibit 1 Declaration of Danielle Estrada# 2 Exhibit A to Declaration of Danielle Estrada# 3 Exhibit B to Declaration of Danielle Estrada# 4 Exhibit 2 Unpublished Decisions# 5 Exhibit 3 Unpublished Decisions)(Estrada, Danielle) (Entered: 11/30/2007)

Nov. 30, 2007
40

REPLY to opposition to motion re 28 MOTION to Dismiss, 29 MOTION to Transfer Case filed by FEDERAL BUREAU OF PRISONS, HARLEY LAPPIN. (Attachments: # 1 Exhibit A − Contract)(Wyer, Kathryn) (Entered: 12/03/2007)

Dec. 3, 2007
41

MINUTE ORDER granting 5 , 29 the Defendants' Motion to Transfer Case. It is hereby ORDERED that the defendants' motion to transfer the case to the Eastern District of North Carolina is GRANTED. SO ORDERED. Signed by Judge Ricardo M. Urbina on 2/28/08. (lcrmu2) (Entered: 02/28/2008)

Feb. 28, 2008

State / Territory: North Carolina

Case Type(s):

Prison Conditions

Key Dates

Filing Date: May 28, 2008

Closing Date: 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Prisoners at the Rivers Correctional Institute in North Carolina, suffering from a variety of medical and mental inflictions

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Washington Lawyers' Committee

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

GEO Group, Inc., Private Entity/Person

Federal Bureau of Prisons, 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

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Conditions of confinement

Personal injury

Rehabilitation

Totality of conditions

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Mental impairment

Mobility impairment

Medical/Mental Health:

Dental care

HIV/AIDS

Medical care, general

Mental health care, general

Type of Facility:

Non-government for profit