Case: Rogers v. Maryland Department of Public Safety and Correctional Services

1:19-cv-03090 | U.S. District Court for the District of Maryland

Filed Date: Aug. 30, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

This case concerns discrimination against disabled prisoners by correctional facilities. On August 30, 2019, the plaintiffs, six individuals all currently or formerly in the custody of the Maryland Department of Public Safety and Correctional Services (the “Department”), filed a complaint in the Circuit Court for Baltimore City, Maryland (No. 19-004580) against the Department and various current and former Department officials. The plaintiffs sued all defendants under the Americans with Disabil…

This case concerns discrimination against disabled prisoners by correctional facilities. On August 30, 2019, the plaintiffs, six individuals all currently or formerly in the custody of the Maryland Department of Public Safety and Correctional Services (the “Department”), filed a complaint in the Circuit Court for Baltimore City, Maryland (No. 19-004580) against the Department and various current and former Department officials. The plaintiffs sued all defendants under the Americans with Disabilities Act (the “ADA”), Section 504 of the Rehabilitation Act, and state law. The plaintiffs also sued the individual (i.e. non-Department) defendants for violations of the Eighth and Fourteenth Amendments under 42 U.S.C. § 1983. The plaintiffs, represented by private counsel, sought injunctive, compensatory, and punitive relief.

Specifically, the plaintiffs claimed that the Department’s discriminatory practices denied them equal access to the Department’s services, programs, and activities available to non-disabled prisoners. For example, the Department had not made all parts of their facilities wheelchair-accessible, forcing wheelchair-bound prisoners to expose themselves to dangerous conditions likely to cause physical harm, such as noncompliant bathrooms, showers, ramps, and cells. The Department had also denied the plaintiffs and other disabled prisoners equal access to the Department's vocational training and work release programs on the sole basis of their disabilities, resulting in lost opportunities to work and earn money while in prison. The plaintiffs also claimed to receive threats from prison staff when the plaintiffs spoke up against the Department's noncompliance.

On October 23, 2019, the defendants removed the case to the United States District Court for the District of Maryland. On December 30, 2019, the defendants filed a motion to dismiss the case for failure to state a claim upon which relief could be granted under the ADA, the Rehabilitation Act, Section 1983, or Maryland state law. On January 14, 2020, Judge Ellen L. Hollander transferred the case to Chief Judge James K. Bredar because one of the plaintiffs was also involved in a case with overlapping factual and legal issues assigned to Judge Bredar (Jardina v. Dep’t of Pub. Safety & Corr. Servs., No. JKB-16-1255). In fact, the plaintiff in Jardina moved to consolidate his case with this one on November 26, 2019, and Judge Bredar granted that motion to consolidate on January 15, 2020. On February 5, the case was referred to Magistrate Judge J. Mark Coulson for purposes of settlement, discovery, or further proceedings. The case is ongoing.

Summary Authors

Emma Siskin (2/6/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/16395374/parties/rogers-v-department-of-public-safety-and-correctional-services/


Judge(s)

Bredar, James Kelleher (Maryland)

Coulson, J. Mark (Maryland)

Attorney for Plaintiff

Barron, Erek Lawrence (Maryland)

Attorney for Defendant

Arnquist, Lisa O Mara (Maryland)

Chazen, Joseph B (Maryland)

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Documents in the Clearinghouse

Document

1:19-cv-03090

Docket

Jan. 23, 2020

Jan. 23, 2020

Docket

1:19-cv-03090

1:16-cv-01255

Docket

Jardina v. Department of Public Safety and Correctional Services

Feb. 27, 2020

Feb. 27, 2020

Docket
1

1:16-cv-01255

Complaint Under the Civil Rights Act

Jardina v. Department of Public Safety and Correctional Services

April 27, 2016

April 27, 2016

Complaint
52

1:16-cv-01255

Order

Jardina v. Department of Public Safety and Correctional Services

March 3, 2017

March 3, 2017

Order/Opinion
26, 27-1, 27-2

1:16-cv-01255

17-06413

Judgment

Jardina v. Department of Public Safety and Correctional Services

U. S. Court of Appeals for the Fourth Circuit

Aug. 23, 2017

Aug. 23, 2017

Order/Opinion
94

1:16-cv-01255

Order

Jardina v. Department of Public Safety and Correctional Services

Dec. 18, 2018

Dec. 18, 2018

Order/Opinion
2

1:19-cv-03090

Complaint and Demand for Jury Trial

Oct. 23, 2019

Oct. 23, 2019

Complaint
19-1

1:19-cv-03090

Memorandum of Law in Support of Defendants' Motion to Dismiss Plaintiffs' Complaint

Dec. 30, 2019

Dec. 30, 2019

Pleading / Motion / Brief
137

1:16-cv-01255

Order

Jardina v. Department of Public Safety and Correctional Services

Jan. 15, 2020

Jan. 15, 2020

Order/Opinion
26

1:19-cv-03090

Memorandum

Jan. 21, 2020

Jan. 21, 2020

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16395374/rogers-v-department-of-public-safety-and-correctional-services/

Last updated Feb. 13, 2024, 3:02 a.m.

ECF Number Description Date Link Date / Link
50

ORDER dismissing 41 Motion for Reconsideration as untimely ; denying 45 Motion for Sanctions and/or Motion to Strike. Signed by Judge James K. Bredar on 2/27/2017. (c/m 3/1/17) (kr2, Deputy Clerk) (Entered: 03/01/2017)

March 1, 2017

March 1, 2017

51

MEMORANDUM OPINION. Signed by Judge James K. Bredar on 3/2/2017. (c/m 3/3/17)(kr2, Deputy Clerk) (Entered: 03/03/2017)

March 3, 2017

March 3, 2017

52

ORDER granting 14 Motion to Dismiss as stated therein; granting 27 Motion to Dismiss as stated therein; granting 27 Motion for Summary Judgment as stated therein; directing Clerk to amend docket; declining to exercise supplemental jurisdiction over state law claims, which are dismissed without prejudice; directing Clerk to close case. Signed by Judge James K. Bredar on 3/2/2017. (c/m 3/3/17) (kr2, Deputy Clerk) (Entered: 03/03/2017)

March 3, 2017

March 3, 2017

Filing fee: $ 6.51, receipt number 14637096763 (kr2, Deputy Clerk) (Entered: 03/27/2017)

March 27, 2017

March 27, 2017

53

NOTICE OF APPEAL as to 52 Order on Motion to Dismiss, Order on Motion for Summary Judgment, 51 Memorandum Opinion by James J. Jardina.(Fee Status: Filing Fee Not Paid) (slss, Deputy Clerk) (Entered: 03/28/2017)

March 27, 2017

March 27, 2017

54

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 53 Notice of Appeal. IMPORTANT NOTICE: To access forms which you are required to file with the United States Court of Appeals for the Fourth Circuit please go to http://www.ca4.uscourts.gov and click on Forms & Notices.(slss, Deputy Clerk) (Entered: 03/28/2017)

March 28, 2017

March 28, 2017

Assembled Electronic Record Transmitted to Fourth Circuit −− Initial.(slss, Deputy Clerk) (Entered: 03/28/2017)

March 28, 2017

March 28, 2017

55

USCA Case Number 17−6413 for 53 Notice of Appeal filed by James J. Jardina. Case Manager − Emily Musser. (slss, Deputy Clerk) (Entered: 03/28/2017)

March 28, 2017

March 28, 2017

56

ORDER of USCA "granting" leave to proceed without prepayment of fees as to 53 Notice of Appeal filed by James J. Jardina. (slss, Deputy Clerk) (Entered: 04/20/2017)

April 20, 2017

April 20, 2017

Filing fee: $ 5.88, receipt number 14637097544 (kr2, Deputy Clerk) (Entered: 04/27/2017)

April 27, 2017

April 27, 2017

Filing fee: $ 8.40, receipt number 14637099500 (kr2, Deputy Clerk) (Entered: 07/28/2017)

July 28, 2017

July 28, 2017

57

JUDGMENT of USCA (certified copy)"Dismissing" this appeal and "Remanding" to the District Court for further proceedings consistent with the Court's decision as to 53 Notice of Appeal filed by James J. Jardina. (slss, Deputy Clerk) (Entered: 08/23/2017)

Aug. 23, 2017

Aug. 23, 2017

Filing fee: $ 4.62, receipt number 14637100189 (jah, Deputy Clerk) (Entered: 08/29/2017)

Aug. 29, 2017

Aug. 29, 2017

(FILED IN ERROR− WRONG CASE) Filing fee: $ 26.09, receipt number 14−cv−002477 (jah, Deputy Clerk) Modified on 8/29/2017 (ko, Deputy Clerk). (Entered: 08/29/2017)

Aug. 29, 2017

Aug. 29, 2017

58

MANDATE of USCA as to 53 Notice of Appeal filed by James J. Jardina (slss, Deputy Clerk) (Entered: 09/14/2017)

Sept. 14, 2017

Sept. 14, 2017

59

ORDER Granting plaintiff 28 days to file an Amended Complaint. Signed by Judge James K. Bredar on 9/15/2017. (c/m 9/18/17 bas, Deputy Clerk) (Entered: 09/18/2017)

Sept. 15, 2017

Sept. 15, 2017

Filing fee: $ 4.41, receipt number 14637100864 (jb5, Deputy Clerk) (Entered: 10/03/2017)

Oct. 3, 2017

Oct. 3, 2017

60

MOTION for Extension of Time by James J. Jardina(jb5, Deputy Clerk) (Entered: 10/12/2017)

Oct. 12, 2017

Oct. 12, 2017

Filing fee: $ 4.83, receipt number 14637101615 (bas, Deputy Clerk) (Entered: 11/03/2017)

Nov. 2, 2017

Nov. 2, 2017

61

MOTION for Extension of Time by James J. Jardina(jb5, Deputy Clerk) (Additional attachment(s) added on 11/7/2017: # 1 Certificate of Service) (jb5, Deputy Clerk). (Entered: 11/07/2017)

Nov. 6, 2017

Nov. 6, 2017

62

ORDER granting 60 Motion for Extension of Time to and including November 28, 2017. Plaintiff is cautioned that the court is disinclined to grant additional extensions unless he articulates a particular need for specific materials, facts and length of time needed to complete amended complaint. Signed by Chief Judge James K. Bredar on 11/6/2017. (jb5, Deputy Clerk)(c/m 11−7−2017) (Entered: 11/07/2017)

Nov. 6, 2017

Nov. 6, 2017

63

MOTION to Appoint Counsel by James J. Jardina (Attachments: # 1 Declaration in Support of Plaintiffs Motion For The Appointment of Counsel, # 2 Memorandum of Law In Support of Plaintiffs Motion For The Appointment of Counsel, # 3 Declaration of Simon T Tusha, # 4 Declaration of John Lando)(jb5, Deputy Clerk) (Entered: 11/08/2017)

Nov. 6, 2017

Nov. 6, 2017

64

ORDER Granting 61 Motion for Extension of Time and Plaintiff's request for appointment of counsel (contained in ECF 61) is Denied. Signed by Chief Judge James K. Bredar on 11/9/2017. (jb5, Deputy Clerk)(c/m 11−13−2017) (Entered: 11/13/2017)

Nov. 9, 2017

Nov. 9, 2017

Filing fee: $ 4.41, receipt number 14637102291 (jb5, Deputy Clerk) (Entered: 12/04/2017)

Dec. 4, 2017

Dec. 4, 2017

65

AMENDED COMPLAINT against Robustiano Barrera, Department of Public Safety and Correctional Services, Denise Gelsinger, Richard J. Graham, Jr, Beverly McLaughlin, Wexford Health Sources, Inc., B. Ziler, filed by James J. Jardina. (Attachments: # 1 Exhibit Exhibits 9 thru 17, # 2 Declaration of Bolton, # 3 Declaration of Elliott, # 4 Declaration of Malaskis, # 5 Declaration of Southern, # 6 Declaration of Tomczewski)(jb5, Deputy Clerk) (Entered: 12/28/2017)

Dec. 27, 2017

Dec. 27, 2017

Filing fee: $ 4.62, receipt number 14637103010 (nu, Deputy Clerk) (Entered: 01/10/2018)

Jan. 5, 2018

Jan. 5, 2018

66

MOTION for Extension of Time to Respond to Plaintiff's Motion to File an Amended Complaint by Robustiano Barrera, Beverly McLaughlin, Wexford Health Sources, Inc. (Attachments: # 1 Text of Proposed Order Order)(Meister, Douglas) (Entered: 01/09/2018)

Jan. 9, 2018

Jan. 9, 2018

68

ORDER denying 63 Motion to Appoint Counsel ; granting 66 Motion for Extension of Time. Signed by Chief Judge James K. Bredar on 1/10/2018. (jb5, Deputy Clerk)(c/m−1−11−2018) (Entered: 01/11/2018)

Jan. 11, 2018

Jan. 11, 2018

69

MOTION for Extension of Time to File Answer to and including February 23, 2018 by Department of Public Safety and Correctional Services, Denise Gelsinger, Richard J. Graham, Jr, B. Ziler (Attachments: # 1 Text of Proposed Order)(Lane Weber, Stephanie) (Entered: 01/24/2018)

Jan. 24, 2018

Jan. 24, 2018

70

NOTICE of Appearance by Douglas Conrad Meister on behalf of Robustiano Barrera, Beverly McLaughlin, Wexford Health Sources, Inc. (Meister, Douglas) (Entered: 02/07/2018)

Feb. 7, 2018

Feb. 7, 2018

Filing fee: $ 4.83, receipt number 14637103860 (jb5, Deputy Clerk) (Entered: 02/09/2018)

Feb. 8, 2018

Feb. 8, 2018

71

MOTION for Extension of Time to File Answer to and including March 26, 2018 by Department of Public Safety and Correctional Services, Denise Gelsinger, Richard J. Graham, Jr, B. Ziler (Attachments: # 1 Text of Proposed Order)(Lane Weber, Stephanie) (Entered: 02/23/2018)

Feb. 23, 2018

Feb. 23, 2018

72

MOTION for Extension of Time to Reply to Plaintiff's Amended Complaint by Robustiano Barrera, Beverly McLaughlin, Wexford Health Sources, Inc. (Attachments: # 1 Text of Proposed Order Order)(Meister, Douglas) (Entered: 02/26/2018)

Feb. 26, 2018

Feb. 26, 2018

73

ORDER granting 69 Motion for Extension of Time to Answer Nunc Pro Tunc ; granting 71 Motion for Extension of Time to Answer til March 26, 2018 ; granting 72 Motion for Extension of Time til March 5, 2018. Signed by Chief Judge James K. Bredar on 2/28/2018. (jb5, Deputy Clerk)(c/m−03/01/2018) (Entered: 03/01/2018)

March 1, 2018

March 1, 2018

74

MOTION to Dismiss or in the Alternative, Motion for Summary Judgment by Robustiano Barrera, Beverly McLaughlin, Wexford Health Sources, Inc. (Attachments: # 1 Text of Proposed Order Order − MTD, # 2 Text of Proposed Order Order − MSJ, # 3 Supplement Memorandum of Law, # 4 Exhibit Exhibit 1 − Medical Records, # 5 Exhibit Exhibit 2 − Affidavit, # 6 Exhibit Exhibit 3 − Affidavit)(Smith, Gina) (Entered: 03/02/2018)

March 2, 2018

March 2, 2018

Filing fee: $ 4.41, receipt number 14637104392 (jb5, Deputy Clerk) (Entered: 03/07/2018)

March 5, 2018

March 5, 2018

75

MOTION to Withdraw Defendants Without Prejudice by James J. Jardina(jb5, Deputy Clerk) (Entered: 03/19/2018)

March 19, 2018

March 19, 2018

76

Rule 12/56 letter mailed to James J. Jardina (jb5, Deputy Clerk) (Entered: 03/20/2018)

March 20, 2018

March 20, 2018

77

MOTION for Extension of Time to File Answer to and including April 25, 2018 by Department of Public Safety and Correctional Services, Denise Gelsinger, Richard J. Graham, Jr, B. Ziler (Attachments: # 1 Text of Proposed Order)(Lane Weber, Stephanie) (Entered: 03/26/2018)

March 26, 2018

March 26, 2018

78

Consent MOTION to Dismiss the Medical Defendants by Robustiano Barrera, Wexford Health Sources, Inc.(Smith, Gina) (Entered: 03/27/2018)

March 27, 2018

March 27, 2018

79

ORDER dismissing 74 Motion to Dismiss; granting 75 Motion to Withdraw ; granting 78 Motion to Dismiss; State Defendants' Motion for an extension of time to and including April 25th 2018 is granted. No further extensions will be granted without demonstration of compelling cause. Signed by Chief Judge James K. Bredar on 3/30/2018. (jb5, Deputy Clerk)(c/m−04−03−2018) (Entered: 04/03/2018)

March 30, 2018

March 30, 2018

Filing fee: $ 4.83, receipt number 14637105172 (jb5, Deputy Clerk) (Entered: 04/05/2018)

April 3, 2018

April 3, 2018

80

MOTION to Dismiss , MOTION for Summary Judgment by Denise Gelsinger, Richard J. Graham, Jr (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1 Declaration of L. Tennille Winters dated March 28, 2018, with attached records, # 3 Exhibit 2 Medical Records, # 4 Exhibit 3 ECF 42−1 − Dr. Robustiano Barrera, # 5 Exhibit 4 Declaration of Richard Graham,Jr. dated March 26, 2018, # 6 Exhibit 5 Declaration of Denise Gelsinger dated March 20, 2018)(Lane Weber, Stephanie) (Entered: 04/25/2018)

April 25, 2018

April 25, 2018

Filing fee: $ 4.20, receipt number 146371006019 (jb5, Deputy Clerk) (Entered: 05/04/2018)

May 4, 2018

May 4, 2018

81

MOTION for Extension of Time by James J. Jardina(jb5, Deputy Clerk) (Entered: 05/08/2018)

May 7, 2018

May 7, 2018

82

ORDER granting 81 Motion for Extension of Time; directing Clerk to amend the docket to reflect plaintiff's current address. Signed by Chief Judge James K. Bredar on 5/9/2018. (c/m 5/10/18) (krs, Deputy Clerk) (Entered: 05/10/2018)

May 10, 2018

May 10, 2018

Filing fee: $ 4.62, receipt number 14637106683 (jb5, Deputy Clerk) (Entered: 06/05/2018)

June 4, 2018

June 4, 2018

83

MOTION for Extension of Time by James J. Jardina(jb5, Deputy Clerk) (Entered: 06/21/2018)

June 21, 2018

June 21, 2018

84

ORDER granting 83 Motion for Extension of Time;. Signed by Chief Judge James K. Bredar on 7/2/2018. (jb5, Deputy Clerk)(c/m−07−03−2018) (Entered: 07/03/2018)

July 3, 2018

July 3, 2018

85

RESPONSE in Opposition re 80 MOTION to Dismiss MOTION for Summary Judgment filed by James J. Jardina. (Attachments: # 1 Declaration, # 2 Exhibits)(jb5, Deputy Clerk) (Entered: 07/23/2018)

July 23, 2018

July 23, 2018

Filing fee: $ 0.63, receipt number 14637108182 (ds3, Deputy Clerk) (Entered: 08/17/2018)

Aug. 13, 2018

Aug. 13, 2018

86

Rule 12/56 letter mailed to James J. Jardina (jb5, Deputy Clerk) (Entered: 09/14/2018)

Sept. 14, 2018

Sept. 14, 2018

87

MOTION for Extension of Time by James J. Jardina (Attachments: # 1 Affidavit, # 2 Cover Letter)(jb5, Deputy Clerk) (Entered: 09/24/2018)

Sept. 24, 2018

Sept. 24, 2018

88

ORDER granting 87 Motion for Extension of Time. Signed by Chief Judge James K. Bredar on 9/26/18. (c/m 9/27/18) (krs, Deputy Clerk) (Entered: 09/27/2018)

Sept. 26, 2018

Sept. 26, 2018

89

MOTION to Appoint Counsel by James J. Jardina (Attachments: # 1 Cover Letter, # 2 Memorandum in Support, # 3 Affidavit)(jb5, Deputy Clerk) (Entered: 10/02/2018)

Oct. 1, 2018

Oct. 1, 2018

Filing fee: $ 8.19, receipt number 14637109700 (jb5, Deputy Clerk) (Entered: 10/05/2018)

Oct. 4, 2018

Oct. 4, 2018

90

Correspondence from Plaintiff re: Courts Order at ECF 88(ds3, Deputy Clerk) (Entered: 10/11/2018)

Oct. 10, 2018

Oct. 10, 2018

Filing fee: $ 14.28, receipt number 14637110237 (ds3, Deputy Clerk) (Entered: 11/01/2018)

Oct. 30, 2018

Oct. 30, 2018

Filing fee: $ 4.83, receipt number 14637111049 (jb5, Deputy Clerk) (Entered: 12/06/2018)

Dec. 3, 2018

Dec. 3, 2018

FILED IN ERROR− Filing fee: $ 6.51, receipt number 14637111041 (jb5, Deputy Clerk) (Entered: 12/06/2018)

Dec. 3, 2018

Dec. 3, 2018

91

MOTION to Strike Appearance by Department of Public Safety and Correctional Services, Denise Gelsinger, Richard J. Graham, Jr, B. Ziler(Lane Weber, Stephanie) (Entered: 12/10/2018)

Dec. 10, 2018

Dec. 10, 2018

92

ORDER granting 91 Motion to Strike Appearance. Signed by Chief Judge James K. Bredar on 12/10/2018. (jb5, Deputy Clerk) (Entered: 12/12/2018)

Dec. 10, 2018

Dec. 10, 2018

Filing fee: $ 4.20, receipt number 14637111505 (jb5, Deputy Clerk) (Entered: 12/17/2018)

Dec. 14, 2018

Dec. 14, 2018

93

MEMORANDUM OPINION. Signed by Chief Judge James K. Bredar on 12/18/2018. (jb5, Deputy Clerk)(c/m−12−18−2018) (Entered: 12/18/2018)

Dec. 18, 2018

Dec. 18, 2018

95

MOTION for Objections to Ruling or Order Pursuant to Fed.R.Civ.P.46 by James J. Jardina (Attachments: # 1 Cover Letter)(jb5, Deputy Clerk) (Entered: 12/28/2018)

Dec. 28, 2018

Dec. 28, 2018

Filing fee: $ 4.83, receipt number 14637112026 (jb5, Deputy Clerk) (Entered: 01/10/2019)

Jan. 10, 2019

Jan. 10, 2019

96

MOTION for Extension of Time by Denise Gelsinger, Richard J. Graham, Jr (Attachments: # 1 Text of Proposed Order)(Lane Weber, Stephanie) (Entered: 01/14/2019)

Jan. 14, 2019

Jan. 14, 2019

97

ORDER granting 96 Motion for Extension of Time to and including the 13th of February. Signed by Chief Judge James K. Bredar on 1/16/2019. (jb5, Deputy Clerk)(c/m−01−16−2019) (Entered: 01/16/2019)

Jan. 15, 2019

Jan. 15, 2019

Filing fee: $ 4.62, receipt number 14637112591 (ds3, Deputy Clerk) (Entered: 02/06/2019)

Feb. 1, 2019

Feb. 1, 2019

98

MOTION to Dismiss , MOTION for Summary Judgment by Denise Gelsinger, Richard J. Graham, Jr (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1 Declaration of Michael Yates, # 3 Exhibit 2 Medical Records, # 4 Exhibit 3 Declaration of Jon R. Scramlin)(Lane Weber, Stephanie) (Entered: 02/13/2019)

Feb. 13, 2019

Feb. 13, 2019

99

Rule 12/56 letter mailed to James J. Jardina (jb5, Deputy Clerk) (Entered: 02/14/2019)

Feb. 14, 2019

Feb. 14, 2019

100

MOTION for Extension of Time by James J. Jardina(jb5s, Deputy Clerk) (Entered: 02/27/2019)

Feb. 27, 2019

Feb. 27, 2019

101

ORDER denying 95 Motion Plaintiffs Objections to Ruling or Order Pursuant to Rule 46 of the Federal Rules of Civil Procedure; granting 100 Motion for Extension of Time; giving Plaintiff 28 days from the date of this Order to file for his reasons why he believes Officer Ziler violated his ADA rights. Signed by Chief Judge James K. Bredar on 3/6/2019. (jb5, Deputy Clerk)(c/m−03−06−2019) (Entered: 03/06/2019)

March 6, 2019

March 6, 2019

Filing fee: $ 4.62, receipt number 14637113464 (ds3, Deputy Clerk) (Entered: 03/15/2019)

March 11, 2019

March 11, 2019

102

RESPONSE in Opposition re 98 MOTION to Dismiss MOTION for Summary Judgment filed by James J. Jardina. (Attachments: # 1 Cover Letter, # 2 Attachment)(jb5, Deputy Clerk) (Entered: 03/21/2019)

March 21, 2019

March 21, 2019

103

MOTION to Amend Complaint by James J. Jardina(jb5, Deputy Clerk) (Entered: 03/21/2019)

March 21, 2019

March 21, 2019

Filing fee: $ 8.19, receipt number 14637114273 (jb5, Deputy Clerk) (Entered: 04/11/2019)

April 10, 2019

April 10, 2019

104

MEMORANDUM OPINION. Signed by Chief Judge James K. Bredar on 4/17/2019. (jb5, Deputy Clerk)(c/m−04−17−2019) (Entered: 04/17/2019)

April 17, 2019

April 17, 2019

105

FILED IN ERROR−ORDER granting in part and denying in part 98 Motion to Dismiss; granting 98 Motion for Summary Judgment; denying 103 Motion to Alter/Amend Judgment; The denial of Plaintiffs Motion for Appointment of Counsel (ECF 94 1, ECF 89) IS rescinded and Plaintiffs Motion for Appointment of Counsel (ECF 89) IS granted. Signed by Chief Judge James K. Bredar on 4/17/2019. (jb5, Deputy Clerk)(c/m−04−17−2019) (Entered: 04/17/2019)

April 17, 2019

April 17, 2019

106

ORDER APPOINTING PRO BONO COUNSEL; ORDER granting in part and denying in part 98 Motion to Dismiss; granting 98 Motion for Summary Judgment; denying 103 Motion to Alter/Amend Judgment; The denial of Plaintiffs Motion for Appointment of Counsel (ECF 94 1, ECF 89) IS rescinded and Plaintiffs Motion for Appointment of Counsel (ECF 89) IS granted. Signed by Chief Judge James K. Bredar on 4/17/2019. (jb5, Deputy Clerk)(c/m−04−17−2019) (Entered: 04/17/2019)

April 17, 2019

April 17, 2019

107

MOTION for Extension of Time to File Answer by Denise Gelsinger, Richard J. Graham, Jr (Attachments: # 1 Text of Proposed Order)(Lane Weber, Stephanie) (Entered: 04/18/2019)

April 18, 2019

April 18, 2019

108

ORDER denying 107 Motion for Extension of Time to Answer; as it has been requested prematurely and will be considered after counsel is appointed and the initial status report is filed. Signed by Chief Judge James K. Bredar on 4/22/2019. (jb5, Deputy Clerk)(c/m−04−22−2019) (Entered: 04/22/2019)

April 22, 2019

April 22, 2019

109

ORDER APPOINTING PRO BONO COUNSEL Ryan S. Perlin for James J. Jardina; attorney may file a motion for reconsideration of this appointment within 14 days of this Order and show good cause why he is unable to accept the appointment. Signed by Chief Judge James K. Bredar on 5/6/2019. (jb5, Deputy Clerk)(c/m−05−06−2019) (c/s docket sheet, complaint, reimbursement form on 5/7/2019) (srd, Deputy Clerk). (Entered: 05/06/2019)

May 6, 2019

May 6, 2019

110

Mail Returned as Undeliverable. Mail sent to Ryan Perlin (Counsel) (Attachments: # 1 Docket Sheet & Complaint) (jb5, Deputy Clerk) (Entered: 05/10/2019)

May 9, 2019

May 9, 2019

Filing fee: $ 4.20, receipt number 14637115065 (jb5, Deputy Clerk) (Entered: 05/13/2019)

May 13, 2019

May 13, 2019

111

Status Report Submitted Request for 30 Day Period to Establish Representation by James J. Jardina (Perlin, Ryan) (Entered: 05/30/2019)

May 30, 2019

May 30, 2019

112

PAPERLESS ORDER re 111 Status Report Submitted filed by James J. Jardina. The Status Report is APPROVED. The next Status Report is due 7/1/19. Signed by Chief Judge James K. Bredar on 5/31/2019. (vdcs, Chambers) (Entered: 05/31/2019)

May 31, 2019

May 31, 2019

113

MOTION for Substitution of Counsel and Motion to Strike Appearance by Department of Public Safety and Correctional Services, Denise Gelsinger, Richard J. Graham, Jr, B. Ziler(Curnutte, Francis) (Entered: 07/01/2019)

July 1, 2019

July 1, 2019

114

Status Report Submitted Request for 30−Day Period to Develop Discovery or Mediation Plan by James J. Jardina (Perlin, Ryan) (Entered: 07/01/2019)

July 1, 2019

July 1, 2019

115

ORDER granting 113 Motion to Strike. Signed by Chief Judge James K. Bredar on 7/1/2019. (jb5, Deputy Clerk) (Entered: 07/02/2019)

July 1, 2019

July 1, 2019

116

PAPERLESS ORDER re 114 Status Report Submitted filed by James J. Jardina. The Status Report is APPROVED. The next Status Report is due 7/31/19. Signed by Chief Judge James K. Bredar on 7/9/2019. (vdcs, Chambers) (Entered: 07/09/2019)

July 9, 2019

July 9, 2019

Filing fee: $ 8.82, receipt number 14637116388 (jb5s, Deputy Clerk) (Entered: 07/11/2019)

July 11, 2019

July 11, 2019

117

MOTION to Strike Substitution of Counsel and Motion to Strike Appearance by Department of Public Safety and Correctional Services, Denise Gelsinger, Richard J. Graham, Jr, B. Ziler(Crawford, Mary) (Entered: 07/24/2019)

July 24, 2019

July 24, 2019

118

MARGINAL ORDER granting Defendants Dept. of Public Safety and Correctional Services, Warden Graham, and former asst. Warden Denise Gelsinger, CO II B. Ziler's 117 Motion to Substitute Counsel and Strike appearance. Signed by Chief Judge James K. Bredar on 7/24/2019. (dass, Deputy Clerk) (Entered: 07/24/2019)

July 24, 2019

July 24, 2019

119

Status Report Submitted (Req for Referral for Settlement Conference) by James J. Jardina (Perlin, Ryan) (Entered: 07/31/2019)

July 31, 2019

July 31, 2019

120

ORDER approving 119 Status Report Submitted filed by James J. Jardina; staying deadlines. Signed by Chief Judge James K. Bredar on 8/1/2019. (dass, Deputy Clerk) (Entered: 08/01/2019)

Aug. 1, 2019

Aug. 1, 2019

121

ORDER REFERRING CASE to Magistrate Judge J. Mark Coulson for Settlement. Signed by Chief Judge James K. Bredar on 8/2/2019. (cags, Deputy Clerk) (Entered:

Aug. 2, 2019

Aug. 2, 2019

Filing fee: $ 4.62, receipt number 14637117253 (ds3, Deputy Clerk) (Entered: 08/26/2019)

Aug. 21, 2019

Aug. 21, 2019

Filing fee: $ 3.36, receipt number 14637117799 (ds3, Deputy Clerk) (Entered: 09/16/2019)

Sept. 11, 2019

Sept. 11, 2019

123

MOTION to Stay by Department of Public Safety and Correctional Services, Denise Gelsinger, Richard J. Graham, Jr (Attachments: # 1 Text of Proposed Order, # 2 Exhibit 1 Complaint)(Crawford, Mary) (Entered: 10/01/2019)

Oct. 1, 2019

Oct. 1, 2019

Case Details

State / Territory: Maryland

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 30, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Six individuals all currently or formerly in the custody of the Maryland Department of Public Safety and Correctional Services.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

The Maryland Department of Public Safety and Correctional Services and various current and former Department officials. (Baltimore, Baltimore), 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

State law

Constitutional Clause(s):

Due Process

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

Jails, Prisons, Detention Centers, and Other Institutions:

Grievance procedures

Work release or work assignments

Disability and Disability Rights:

Mental impairment

Mobility impairment

Discrimination-basis:

Disability (inc. reasonable accommodations)

Type of Facility:

Government-run