Case: Brown v. Department of Public Safety and Correctional Services

1:16-cv-00945 | U.S. District Court for the District of Maryland

Filed Date: March 30, 2016

Closed Date: June 6, 2019

Clearinghouse coding complete

Case Summary

Nine current and former inmates at Roxbury Correctional Institute who are blind brought a discrimination lawsuit against the Department of Public Safety and Correctional Services in the U.S. District Court for the District of Maryland. One individual inmate filed his complaint on March 30, 2016, and five days later this case was consolidated with eight other cases. The plaintiffs, represented by the National Federation of the Blind and Prisoner Rights Information System of Maryland, alleged t…

Nine current and former inmates at Roxbury Correctional Institute who are blind brought a discrimination lawsuit against the Department of Public Safety and Correctional Services in the U.S. District Court for the District of Maryland. One individual inmate filed his complaint on March 30, 2016, and five days later this case was consolidated with eight other cases. The plaintiffs, represented by the National Federation of the Blind and Prisoner Rights Information System of Maryland, alleged that the defendants had violated the prisoners' Eighth and Fourteenth Amendment rights, that the defendants had violated Titles II and IV of the Americans with Disabilities Act (ADA), and Section 504 of the Rehabilitation Act of 1973. The plaintiffs, bringing this action under 42 U.S.C. Section 1983, sought declaratory and injunctive relief, as well as compensatory and punitive damages, and attorney's fees. The case was assigned to Judge Richard D. Bennett.

The plaintiffs filed an amended complaint on September 7, 2016. This complaint alleged that the defendants discriminated against the plaintiffs because they were blind. Specifically, the plaintiffs were denied access to the courts and grievances process. The complaint alleged that prison employees retaliated against inmates who assisted the blind inmates with he grievances process, which the plaintiffs alleged was also discrimination on the basis of the plaintiff's blindness. Additionally, the defendants did not provide the plaintiffs with reasonable auxiliary aids or services that would have allowed the plaintiffs to navigate through the prison and read and write independently. The defendants also discriminated against blind inmates by refusing to provide them with competent literacy instruction. The defendants failed to provide access to the services, benefits, activities, programs, and privileges available to other inmates. The complaint alleges that the plaintiffs have suffered physical and sexual abuse as a result of the defendants discriminatory policies and practices. The complaint alleges that the defendants did not consider the safety concerns of blind inmates when double celling prisoners.

The case was referred to Magistrate Judge Stephanie A Gallagher for Settlement on January 31, 2018. A number of settlement conferences were held in 2018, but the parties were unable to reach an agreement. On December 21, 2018 the case was referred to Magistrate Judge Beth P. Gesner for all discovery. There were a number of discovery disputes and many of the documents in this case were filed under seal and inaccessible on PACER.

On January 10, 2019, the defendants filed a motion to dismiss for failure to state a claim upon which relief can be granted. On March 18, the defendants filed a motion for summary judgment and the plaintiffs filed a motion for partial summary judgment. The motions for summary judgment were filed under seal. A hearing was held before Judge Bennet on April 24, 2019 on these motions. Judge Bennett issued an opinion on May 13, 2019. Judge Bennett denied as moot the defendants' motion to dismiss, denied the plaintiffs' motion for partial summary judgment, and granted in part and denied in part the defendants motion for summary judgment. Summary judgment was entered in favor of the defendants as to Count I (denial of access to courts in violation of the Fourteenth Amendment) and Count II (subjecting the plaintiffs to serious harm and a risk of serious harm in violation of the Eighth Amendment) of the plaintiff's amended complaint. Count III (discrimination against the plaintiffs on the basis of blindness in violation of the ADA) and Count IV (discrimination against the plaintiffs because of blindness in violation of Section 504 of the Rehabilitation Act) survived and litigation would continue on these claims. 383 F.Supp.3d 519 (May 13, 2019, D. Md.). Judge Bennett also issued an order and judgment on the same day that reiterated the conclusions of the opinion.

Back in March of 2019 the plaintiffs filed a motion and an amended motion for sanctions under Rule 37(b)(2) of the Federal Rules of Civil Procedure. A motion hearing was held on the motion for sanctions before before Magistrate Judge Beth P. Gesner on March 11, 2019. The next day, Magistrate Judge Gesner issued an order denying the motion for sanctions.

Between March and May of 2019, the plaintiffs filed numerous motions for a writ of habeas corpus. No decisions were made on these motions, and they were eventually withdrawn due to settlement negotiations.

On May 20, 2019 the plaintiffs and the defendants filed a joint motion for stay because the parties had engaged in negotiations and reached a settlement agreement. The motion to stay was granted by Judge Bennett two days later.

In May 2019, the parties reached a settlement agreement for $1.4 million in damages and attorneys fees. The settlement requires the Maryland Department of Public Safety and Correctional Services (DPSCS) will modify prison procedures and provide assistive technology for the blind to comply with the Americans with Disabilities Act (ADA) and other applicable laws. DPSCS will implement several corrective measures, such as computers that convert text to voice, assigning blind prisoners to single cells, providing Braille instructors and other instruction that will allow blind prisoners to live and learn independently, making educational materials available on tape, and assigning counselors to assist blind inmates with legal materials, medical requests, and mail.

On June 6, 2019 the parties filed a stipulation of dismissal. Judge Bennett signed an order granting the dismissal the same day. The case is now closed.

Summary Authors

Sabrina Glavota (7/31/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4512696/parties/brown-v-department-of-public-safety-and-correctional-services/


Judge(s)

Bennett, Richard D. (Maryland)

Gallagher, Stephanie Agli None (Maryland)

Gesner, Beth P. (Maryland)

Attorneys(s) for Plaintiff

Dorsey, Damien (Maryland)

Fetter, James T (Maryland)

Goldstein, Daniel F (Maryland)

Graber, Abigail (Maryland)

Hill, Eve Lynne (Maryland)

Meehan, Stephen Z (Maryland)

Treem, Joshua R (Maryland)

Judge(s)

Bennett, Richard D. (Maryland)

Gallagher, Stephanie Agli None (Maryland)

Gesner, Beth P. (Maryland)

Attorneys(s) for Plaintiff

Dorsey, Damien (Maryland)

Fetter, James T (Maryland)

Goldstein, Daniel F (Maryland)

Graber, Abigail (Maryland)

Hill, Eve Lynne (Maryland)

Meehan, Stephen Z (Maryland)

Treem, Joshua R (Maryland)

Weber, Jessica P (Maryland)

Attorneys(s) for Defendant

Arnquist, Lisa O Mara (Maryland)

Doyle, Michael O Connor (Maryland)

Frosh, Brian E. (Maryland)

Katz, Jennifer L (Maryland)

Kelly, Chelsea Teresa (District of Columbia)

Lane-Weber, Stephanie (Maryland)

Leovy, John Mark (Maryland)

Lustila, Kirstin (Maryland)

Scott, Robert A. (Maryland)

Documents in the Clearinghouse

Document

Docket [PACER]

June 6, 2019 Docket
1

Motion for Appointment of Counsel

March 30, 2016 Complaint
3-6

Motion for Appointment of Counsel

April 4, 2016 Pleading / Motion / Brief
2

Order

Blue v. Warden

April 4, 2016 Order/Opinion
3-4

Motion for Appointment of Counsel

April 4, 2016 Pleading / Motion / Brief
3-7

Motion for Appointment of Counsel

April 4, 2016 Pleading / Motion / Brief
3-1

Motion for Appointment of Counsel

April 4, 2016 Pleading / Motion / Brief
3-2

Motion for Appointment of Counsel

April 4, 2016 Pleading / Motion / Brief
3

Motion for Appointment of Counsel

April 4, 2016 Pleading / Motion / Brief
3-5

Motion for Appointment of Counsel

April 4, 2016 Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4512696/brown-v-department-of-public-safety-and-correctional-services/

Last updated May 20, 2022, 5:19 a.m.

ECF Number Description Date Link
1

COMPLAINT against Warden, filed by Anthony Blue. (Attachments: # 1 Envelope)(krs, Deputy Clerk) (Entered: 03/31/2016)

1 Envelope

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March 30, 2016 RECAP
2

ORDER Consolidating cases with RDB-16-cv-945; All pleadings from the consolidated cases shall be dockets in lead case; Granting motion for Appointment of Counsel; Appointing Stephen Meehan as counsel for each Plaintiff; Granting counsel 60 days to file required pleadings. Signed by Judge Richard D Bennett on 4/4/2016. (c/m 4/5/16)(krs, Deputy Clerk) (Entered: 04/05/2016)

April 4, 2016 PACER
3

Supplemental (Complaint RDB-16-946) to 1 Complaint. (Attachments: # 1 Complaint RDB-16-cv-947, # 2 Complaint RDB-16-cv-948, # 3 Complaint RDB-16-cv-949, # 4 Complaint RDB-16-cv-950, # 5 Complaint RDB-16-cv-951, # 6 Complaint RDB-16-cv-952, # 7 Complaint RDB-16-cv-953, # 8 Complaint RDB-16-cv-954)(krs, Deputy Clerk) (Entered: 04/05/2016)

1 Complaint in RDB-16-cv-947

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2 Complaint in RDB-16-cv-948

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3 Complaint in RDB-16-cv-949

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4 Complaint in RDB-16-cv-950

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5 Complaint in RDB-16-cv-951

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6 Complaint in RDB-16-cv-952

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7 Complaint in RDB-16-cv-953

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8 Complaint in RDB-16-cv-954

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April 4, 2016 RECAP
4

NOTICE of Appearance by Damien Dorsey on behalf of All Plaintiffs (Dorsey, Damien) (Entered: 04/05/2016)

April 5, 2016 RECAP
5

Correspondence from Plaintiff, Maynard Snead. (krs, Deputy Clerk) (Entered: 05/12/2016)

May 11, 2016 PACER
6

Correspondence from Anonymous Inmate at Roxbury Correctional Institution. (krs, Deputy Clerk) (Entered: 05/26/2016)

May 25, 2016 RECAP
7

MOTION for Extension of Time to File an Amended Complaint and Motions to Proceed in Forma Pauperis by Anthony Blue, Steven Brown, Wilbert M. Delano, Gregory Hammond, Sedric Holley, Johnny James, Tyrell Polley, Maynard Snead, Robert Wilson Responses due by 6/13/2016 (Dorsey, Damien) (Entered: 05/27/2016)

May 27, 2016 PACER
8

ORDER Granting Counsel to and including 6/10/2016, to file a status report. Signed by Judge Richard D. Bennett on 5/27/2016. (c/m and ECF 6 5/27/16)(krs, Deputy Clerk) (Entered: 05/27/2016)

May 27, 2016 PACER
9

ORDER Granting 7 Motion for Extension of Time to and including 7/5/2016. Signed by Judge Richard D. Bennett on 5/31/2016. (c/m 5/31/16) (krs, Deputy Clerk) (Entered: 05/31/2016)

May 31, 2016 PACER
10

STATUS REPORT by Anthony Blue, Steven Brown, Wilbert M. Delano, Gregory Hammond, Sedric Holley, Johnny James, Tyrell Polley, Maynard Snead, Robert Wilson. (Dorsey, Damien) (Entered: 06/10/2016)

June 10, 2016 PACER
11

NOTICE of Appearance by Daniel Frank Goldstein on behalf of All Plaintiffs (Goldstein, Daniel) (Entered: 07/01/2016)

July 1, 2016 PACER
12

NOTICE of Appearance by Joshua R Treem on behalf of All Plaintiffs (Treem, Joshua) (Entered: 07/01/2016)

July 1, 2016 PACER
13

Second MOTION for Extension of Time to File an Amended Complaint and Motions to Proceed in Forma Pauperis by Anthony Blue, Steven Brown, Wilbert M. Delano, Gregory Hammond, Sedric Holley, Johnny James, Tyrell Polley, Maynard Snead, Robert Wilson Responses due by 7/18/2016 (Dorsey, Damien) (Entered: 07/01/2016)

July 1, 2016 PACER
14

ORDER granting 13 Motion for Extension of Time to and including 8/5/2016. Signed by Judge Richard D. Bennett on 7/5/2016. (krs, Deputy Clerk) (Entered: 07/05/2016)

July 5, 2016 PACER
15

MOTION for Extension of Time by Anthony Blue, Steven Brown, Wilbert M. Delano, Gregory Hammond, Sedric Holley, Johnny James, Tyrell Polley, Maynard Snead, Robert Wilson (Treem, Joshua) Modified on 7/26/2016 (krs, Deputy Clerk). (Entered: 07/25/2016)

July 25, 2016 PACER
16

QC NOTICE: 15 Notice (Other) filed by Johnny James, Robert Wilson, Maynard Snead, Tyrell Polley, Gregory Hammond, Steven Brown, Wilbert M. Delano, Sedric Holley, Anthony Blue was filed incorrectly. **In the future please refile using "Motion for Extension of Time." There is no corrective action required at this time. (krs, Deputy Clerk) (Entered: 07/26/2016)

July 26, 2016 PACER
17

MARGINAL ORDER Granting 15 Motion for Extension of Time. Signed by Judge Richard D. Bennett on 8/1/2016. (bas, Deputy Clerk) (Entered: 08/01/2016)

Aug. 1, 2016 PACER
18

NOTICE of Voluntary Dismissal by Anthony Blue (Goldstein, Daniel) (Entered: 09/06/2016)

Sept. 6, 2016 RECAP
19

MOTION for Leave to Proceed in forma pauperis by Steven Brown, Wilbert M. Delano, Gregory Hammond, Sedric Holley, Johnny James, Tyrell Polley, Maynard Snead, Robert Wilson Responses due by 9/23/2016 (Attachments: # 1 Exhibit 1 - James, # 2 Exhibit 2 - Brown, # 3 Exhibit 3 - Wilson, # 4 Exhibit 4 - Sneed, # 5 Exhibit 5 - Hopkins, # 6 Exhibit 6 - Polley, # 7 Exhibit 7 - Hammond, # 8 Exhibit 8 - Holley, # 9 Exhibit 9 - Delano)(Goldstein, Daniel) (Entered: 09/06/2016)

1 Exhibit 1 - James

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2 Exhibit 2 - Brown

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3 Exhibit 3 - Wilson

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4 Exhibit 4 - Sneed

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5 Exhibit 5 - Hopkins

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6 Exhibit 6 - Polley

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7 Exhibit 7 - Hammond

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8 Exhibit 8 - Holley

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9 Exhibit 9 - Delano

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Sept. 6, 2016 RECAP
20

(FILED IN ERROR) AMENDED COMPLAINT against All Defendants, filed by Gregory Hammond, Steven Brown, Tyrell Polley, Sedric Holley, Anthony Blue, Robert Wilson, Wilbert M. Delano, Johnny James, Maynard Snead.(Goldstein, Daniel) Modified on 9/7/2016 (bmhs, Deputy Clerk). (Entered: 09/06/2016)

Sept. 6, 2016 PACER
21

NOTICE of Change of Address by Daniel Frank Goldstein (Goldstein, Daniel) (Entered: 09/06/2016)

Sept. 6, 2016 PACER
22

QC NOTICE: 20 Amended Complaint filed by Johnny James, Robert Wilson, Maynard Snead, Tyrell Polley, Gregory Hammond, Steven Brown, Wilbert M. Delano, Sedric Holley, Anthony Blue needs to be corrected. It has been noted as FILED IN ERROR, and the document link has been disabled. The following corrective actions are needed regarding missing or incomplete information: **Redline copy has not been filed. Please re-file the clean version of the amended complaint as the main document and the redline version as an attachment to the amended complaint. (bmhs, Deputy Clerk) (Entered: 09/07/2016)

Sept. 7, 2016 PACER
23

AMENDED COMPLAINT against Warden, filed by Gregory Hammond, Steven Brown, Tyrell Polley, Sedric Holley, Anthony Blue, Robert Wilson, Wilbert M. Delano, Johnny James, Maynard Snead. (Attachments: # 1 Exhibit Redline of Changed Caption)(Goldstein, Daniel) (Entered: 09/07/2016)

1 Exhibit Redline of Changed Caption

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Sept. 7, 2016 RECAP
24

MARGINAL ORDER granting 18 Notice of Voluntary Dismissal filed by Anthony Blue. Signed by Judge Richard D. Bennett on 9/7/2016. (bmhs, Deputy Clerk) (Entered: 09/08/2016)

Sept. 7, 2016 PACER
25

ORDER dismissing the complaint as to Anthony Blue; granting 19 Plaintiffs' Motion for Leave to Proceed in forma pauperis; directing Clerk to amend the docket to include Defendants and correct the spelling of Plaintiffs' names; and directing Clerk to transmit copies and otherwise withhold service. Signed by Judge Richard D. Bennett on 9/9/2016. (c/m 9/12/16 bmhs, Deputy Clerk) (Entered: 09/12/2016)

Sept. 9, 2016 PACER
26

NOTICE of Appearance by Abigail Graber on behalf of All Plaintiffs (Graber, Abigail) (Entered: 09/21/2016)

Sept. 21, 2016 PACER
27

NOTICE of Appearance by Stephanie Judith Lane Weber on behalf of All Defendants (Lane Weber, Stephanie) (Entered: 10/14/2016)

Oct. 14, 2016 PACER
28

Consent MOTION for Extension of Time to File Answer to and including December 12, 2016 by Dayena M. Corcoran, Department of Public Safety and Correctional Services, Stephen Moyer (Attachments: # 1 Text of Proposed Order)(Kelly, Teresa) (Entered: 11/02/2016)

1 Text of Proposed Order

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Nov. 2, 2016 PACER
29

MOTION to Amend/Correct the Caption by Steven Brown, Wilbert M. Delano, Gregory Hammond, Sedric Holley, Russell Hopkins, Johnnie James, Tyrell Polley, Maynard Sneed, Robert Wilson(Graber, Abigail) (Entered: 11/03/2016)

Nov. 3, 2016 PACER
30

ORDER granting 28 Motion for Extension of Time. Signed by Judge Richard D. Bennett on 11/3/2016. (c/m 11/3/16 bmhs, Deputy Clerk) (Entered: 11/03/2016)

Nov. 3, 2016 PACER
31

MOTION for Extension of Time to File Answer to and including January 27, 2017 by Dayena M. Corcoran, Department of Public Safety and Correctional Services, Richard Miller, Stephen Moyer (Attachments: # 1 Text of Proposed Order)(Kelly, Teresa) (Entered: 12/12/2016)

1 Text of Proposed Order

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Dec. 12, 2016 PACER
32

ORDER granting 31 Motion for Extension of Time to Answer to and including January 27, 2017.. Signed by Judge Richard D. Bennett on 12/13/2016. (c/m 12/13/16) (kr2, Deputy Clerk) (Entered: 12/13/2016)

Dec. 13, 2016 PACER
33

MOTION for Extension of Time by Dayena M. Corcoran, Department of Public Safety and Correctional Services, Richard Miller, Stephen Moyer (Attachments: # 1 Text of Proposed Order Order)(Kelly, Teresa) (Entered: 01/27/2017)

1 Text of Proposed Order Order

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Jan. 27, 2017 PACER
34

ORDER granting 33 Motion for Extension of Time to and including March 15, 2017. Signed by Judge Richard D. Bennett on 1/30/2017. (c/m 1/31/17) (kr2, Deputy Clerk) (Entered: 01/31/2017)

Jan. 31, 2017 PACER
35

RETURN PLEADING ORDER returning unfiled document to Neal F. Willey, III. Signed by Chief Judge Catherine C. Blake on 2/10/2017. (Attachments: # 1 Returned document)(kr2, Deputy Clerk) (Entered: 02/10/2017)

1 Returned document

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Feb. 10, 2017 PACER
36

MOTION for Extension of Time to File Answer to and including May 15, 2017 by Dayena M. Corcoran, Department of Public Safety and Correctional Services, Richard Miller, Stephen Moyer (Attachments: # 1 Text of Proposed Order)(Kelly, Teresa) (Entered: 03/10/2017)

1 Text of Proposed Order

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March 10, 2017 PACER
37

ORDER granting 36 Motion for Extension of Time to Answer Dayena M. Corcoran answer due 5/15/2017; Department of Public Safety and Correctional Services answer due 5/15/2017; Richard Miller answer due 5/15/2017; Stephen Moyer answer due 5/15/2017.. Signed by Judge Richard D. Bennett on 3/10/2017. (c/m 3/13/17) (kr2, Deputy Clerk) (Entered: 03/13/2017)

March 13, 2017 PACER
38

MOTION for Extension of Time to File Answer to and including July 17, 2017 by Dayena M. Corcoran, Department of Public Safety and Correctional Services, Richard Miller, Stephen Moyer (Attachments: # 1 Text of Proposed Order)(Kelly, Teresa) (Entered: 05/12/2017)

1 Text of Proposed Order

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May 12, 2017 PACER
39

ORDER granting 38 Motion for Extension of Time to Answer Dayena M. Corcoran answer due 7/17/2017; Department of Public Safety and Correctional Services answer due 7/17/2017; Richard Miller answer due 7/17/2017; Stephen Moyer answer due 7/17/2017.. Signed by Judge Richard D. Bennett on 5/15/2017. (kr2, Deputy Clerk) (Entered: 05/15/2017)

May 15, 2017 PACER
40

MOTION for Extension of Time to File Response/Reply to and including September 15, 2017 by Dayena M. Corcoran, Department of Public Safety and Correctional Services, Richard Miller, Stephen Moyer (Attachments: # 1 Text of Proposed Order)(Kelly, Teresa) (Entered: 07/17/2017)

1 Text of Proposed Order

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July 17, 2017 PACER
41

ORDER Granting 40 Motion for Extension of Time. Signed by Judge Richard D. Bennett on 7/18/2017. (bas, Deputy Clerk) (Entered: 07/18/2017)

July 18, 2017 PACER
42

ORDER Granting 29 Motion to Amend the Caption. Signed by Judge Richard D. Bennett on 7/20/2017. (bas, Deputy Clerk) (Entered: 07/20/2017)

July 20, 2017 PACER
43

Consent MOTION for Extension of Time to File Answer to and including October 16, 2017 by Dayena M. Corcoran, Department of Public Safety and Correctional Services, Richard Miller, Stephen Moyer (Attachments: # 1 Text of Proposed Order)(Kelly, Teresa) (Entered: 09/14/2017)

1 Text of Proposed Order

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Sept. 14, 2017 PACER
44

ORDER Granting 43 Motion for Extension of Time to Answer Dayena M. Corcoran answer due 10/16/2017; Department of Public Safety and Correctional Services answer due 10/16/2017; Richard Miller answer due 10/16/2017; Stephen Moyer answer due 10/16/2017.. Signed by Judge Richard D. Bennett on 9/15/2017. (c/m 9/18/17 bas, Deputy Clerk) (Entered: 09/18/2017)

Sept. 15, 2017 PACER
45

Consent MOTION for Extension of Time to File Answer to and including December 15, 2017 by Dayena M. Corcoran, Department of Public Safety and Correctional Services, Richard Miller, Stephen Moyer (Attachments: # 1 Text of Proposed Order)(Kelly, Teresa) (Entered: 10/16/2017)

1 Text of Proposed Order

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Oct. 16, 2017 PACER
46

STATUS REPORT Joint Status Report on Settlement Efforts by Dayena M. Corcoran, Department of Public Safety and Correctional Services, Richard Miller, Stephen Moyer(Kelly, Teresa) (Entered: 10/17/2017)

Oct. 17, 2017 PACER
47

NOTICE of Appearance by Eve Lynne Hill on behalf of All Plaintiffs (Hill, Eve) (Entered: 10/18/2017)

Oct. 18, 2017 PACER
48

ORDER Granting 45 Motion for Extension of Time to Answer by Department of Public Safety and Correctional Services, Stephen Moyer, Dayena M. Corcoran and Richard Miller is extended to and including 12/15/2017. Signed by Judge Richard D. Bennett on 10/18/2017. (jb5, Deputy Clerk) Modified on 10/18/2017 (jb5, Deputy Clerk). Modified on 10/18/2017 (jb5, Deputy Clerk). (Entered: 10/18/2017)

Oct. 18, 2017 PACER
49

MOTION for Extension of Time to File Answer by Dayena M. Corcoran, Department of Public Safety and Correctional Services, Richard Miller, Stephen Moyer (Attachments: # 1 Text of Proposed Order)(Kelly, Teresa) (Entered: 12/15/2017)

1 Text of Proposed Order

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Dec. 15, 2017 PACER
50

Status Report Submitted Supplemental Joint Status Report and Request for Referral to Magistrate Judge to Facilitate Settlement Efforts by Dayena M. Corcoran, Department of Public Safety and Correctional Services, Richard Miller, Stephen Moyer (Kelly, Teresa) (Entered: 12/15/2017)

Dec. 15, 2017 PACER
51

ORDER granting defendants Moyer, Corcoran and Miller is extended 10 days after referral to file a response. Signed by Judge Richard D. Bennett on 12/18/2017. (jb5, Deputy Clerk) (Entered: 12/19/2017)

Dec. 18, 2017 PACER
52

NOTICE by Steven Brown, Wilbert M. Delano, Gregory Hammond, Sedric Holley, Russell Hopkins, Johnnie James, Tyrell Polley, Maynard Snead, Robert Wilson of Withdrawal of Appearance (Goldstein, Daniel) (Entered: 12/21/2017)

Dec. 21, 2017 PACER
53

Correspondence re: Letter from Plaintiff (jb5, Deputy Clerk) (Entered: 01/05/2018)

Jan. 5, 2018 PACER
54

ORDER REFERRING CASE to Magistrate Judge Stephanie A Gallagher for Settlement. Signed by Judge Richard D. Bennett on 1/31/2018. (cags, Deputy Clerk) (Entered: 01/31/2018)

Jan. 31, 2018 RECAP
55

ORDER Scheduling Settlement Conference for April 17, 2018. Signed by Magistrate Judge Stephanie A Gallagher on 2/27/2018. (jb5, Deputy Clerk) (Entered: 02/28/2018)

Feb. 27, 2018 PACER
56

Scheduling Conference held on 2/27/2018 for 15 minutes before Magistrate Judge Stephanie A Gallagher. (jb5, Deputy Clerk) (Entered: 02/28/2018)

Feb. 27, 2018 PACER
57

MOTION for Assistance Due to Disability of Plaintiff by Maynard Snead(jb5, Deputy Clerk) (Entered: 03/01/2018)

Feb. 27, 2018 PACER
58

Correspondence received from Robert Wilson. (bas, Deputy Clerk) (Entered: 03/22/2018)

March 22, 2018 PACER
59

ORDER denying 57 Motion for Assistance (ECF 57)due to extent it seeks appointment of counsel and is Granted to the extent appointed counsel. Signed by Judge Richard D. Bennett on 4/11/2018. (jb5, Deputy Clerk)(c/m-04/11/2018) (Entered: 04/11/2018)

April 11, 2018 PACER

Telephone Conference

April 16, 2018 PACER

Telephone Conference re Settlement held on 4/16/2018 before Magistrate Judge Stephanie A Gallagher. (dass, Deputy Clerk)

April 16, 2018 PACER

Settlement Conference

April 18, 2018 PACER

Settlement Conference held on 4/18/2018 before Magistrate Judge Stephanie A Gallagher. (dass, Deputy Clerk)

April 18, 2018 PACER
60

STATUS REPORT by Steven Brown, Wilbert M. Delano, Gregory Hammond, Sedric Holley, Russell Hopkins, Johnnie James, Tyrell Polley, Maynard Snead, Robert Wilson(Dorsey, Damien) (Entered: 05/07/2018)

May 7, 2018 PACER
61

Correspondence re: the need for counsel (jb5, Deputy Clerk) (Entered: 05/21/2018)

May 21, 2018 PACER
62

Correspondence from Robert Wilson re: Treatment in Correctional Facility. (Attachments: # 1 Attachments)(jb5, Deputy Clerk) (Entered: 06/19/2018)

1 Attachments

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June 18, 2018 PACER

Telephone Conference

July 13, 2018 PACER

Telephone Conference re settlement held on 7/13/2018 before Magistrate Judge Stephanie A Gallagher. (dass, Deputy Clerk)

July 13, 2018 PACER

Settlement Conference

July 17, 2018 PACER

Settlement Conference held on 7/17/2018 before Magistrate Judge Stephanie A Gallagher. (dass, Deputy Clerk)

July 17, 2018 PACER
63

PAPERLESS ORDER NOTIFYING Counsel that the settlement conference set for September 12, 2018 at 9:30 a.m. has been RESCHEDULED to commence at 10:30 a.m. Signed by Magistrate Judge Stephanie A Gallagher on 8/1/2018. (vals, Chambers) (Entered: 08/01/2018)

Aug. 1, 2018 PACER
64

Correspondence from Maynard Snead re: Motion Filed in February(jb5, Deputy Clerk) (Entered: 08/06/2018)

Aug. 3, 2018 PACER
65

SCHEDULING ORDER: Status Report due by 1/24/2019. Signed by Judge Richard D. Bennett on 9/11/2018(cags, Deputy Clerk) (Entered: 09/11/2018)

Sept. 11, 2018 PACER

Settlement Conference

Sept. 12, 2018 PACER

Settlement Conference held on 9/12/2018 before Magistrate Judge Stephanie A Gallagher. (cags, Deputy Clerk)

Sept. 12, 2018 PACER
66

PAPERLESS ORDER CONFIRMING that a third follow up settlement conference has been scheduled for October 3, 2018 at 10:00 a.m. Signed by Magistrate Judge Stephanie A Gallagher on 9/13/2018. (vals, Chambers) (Entered: 09/13/2018)

Sept. 13, 2018 PACER
67

STATUS REPORT Joint Status Report by Dayena M. Corcoran, Department of Public Safety and Correctional Services, Richard Miller, Stephen Moyer(Kelly, Teresa) (Entered: 09/25/2018)

Sept. 25, 2018 PACER

Telephone Conference

Oct. 1, 2018 PACER

Telephone Conference re settlement negotiations held on 10/1/2018 before Magistrate Judge Stephanie A Gallagher. (dass, Deputy Clerk)

Oct. 1, 2018 PACER

Telephone Conference

Oct. 19, 2018 PACER

Telephone Conference re settlement negotiations held on 10/19/2018 before Magistrate Judge Stephanie A Gallagher. (dass, Deputy Clerk)

Oct. 19, 2018 PACER
68

Joint MOTION for Extension of Time to Amend 65 Scheduling Order Joint Request to Amend Scheduling Order (ECF 65) by Dayena M. Corcoran, Richard Miller, Stephen Moyer(Kelly, Teresa) (Entered: 10/24/2018)

Oct. 24, 2018 PACER

Telephone Conference

Oct. 26, 2018 PACER

Telephone Conference re settlement negotiations held on 10/26/2018 before Magistrate Judge Stephanie A Gallagher. (dass, Deputy Clerk)

Oct. 26, 2018 PACER
69

MARGINAL ORDER Granting 68 Joint Request to Amend Scheduling Order. Signed by Judge Richard D. Bennett on 10/29/2018. (bas, Deputy Clerk) (Entered: 10/31/2018)

Oct. 30, 2018 PACER

Telephone Conference

Nov. 1, 2018 PACER

Telephone Conference re settlement negotiations held on 11/1/2018 before Magistrate Judge Stephanie A Gallagher. (dass, Deputy Clerk)

Nov. 1, 2018 PACER

Telephone Conference

Nov. 2, 2018 PACER

Telephone Conference re settlement negotiations held on 11/2/2018 before Magistrate Judge Stephanie A Gallagher. (dass, Deputy Clerk)

Nov. 2, 2018 PACER
70

MOTION for Protective Order Executed Stipulated Protective Order by Dayena M. Corcoran, Department of Public Safety and Correctional Services, Richard Miller, Stephen Moyer(Kelly, Teresa) (Entered: 11/07/2018)

Nov. 7, 2018 PACER

Telephone Conference

Nov. 7, 2018 PACER

Telephone Conference re settlement negotiations held on 11/7/2018 before Magistrate Judge Stephanie A Gallagher. (dass, Deputy Clerk)

Nov. 7, 2018 PACER

Settlement Conference

Nov. 14, 2018 PACER

Telephone Conference RE Settlement Negotiations held on 11/14/2018 before Magistrate Judge Stephanie A Gallagher. (ds3, Deputy Clerk)

Nov. 14, 2018 PACER

Telephone Conference

Nov. 20, 2018 PACER

Telephone Conference held on 11/20/2018 before Magistrate Judge Stephanie A Gallagher. (bmhs, Deputy Clerk)

Nov. 20, 2018 PACER

Telephone Conference

Nov. 28, 2018 PACER

Telephone Conference re settlement negotiations held on 11/28/2018 before Magistrate Judge Stephanie A Gallagher. (dass, Deputy Clerk)

Nov. 28, 2018 PACER
71

MOTION to Expedite Motion for An Expedited Briefing Schedule on Plaintiffs' Motion to Compel Responses to Interrogatories and Production of Documents by Steven Brown, Wilbert M. Delano, Gregory Hammond, Sedric Holley, Russell Hopkins, Johnnie James, Tyrell Polley, Maynard Snead, Robert Wilson(Hill, Eve) (Entered: 11/29/2018)

Nov. 29, 2018 PACER

Telephone Conference

Dec. 6, 2018 PACER

State / Territory: Maryland

Case Type(s):

Prison Conditions

Disability Rights/Public Accommodations

Special Collection(s):

Deaf or Blind in Jail/Prison

Key Dates

Filing Date: March 30, 2016

Closing Date: June 6, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Nine current and former blind inmates in Maryland prisons

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Department of Public Safety and Correctional Services, State

Defendant Type(s):

Corrections

Jurisdiction-wide

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

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Due Process: Procedural Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Damages

Source of Relief:

Settlement

Litigation

Form of Settlement:

Private Settlement Agreement

Voluntary Dismissal

Amount Defendant Pays: $1,400,000

Content of Injunction:

Discrimination Prohibition

Hire

Reasonable Accommodation

Training

Issues

General:

Access to lawyers or judicial system

Access to public accommodations - governmental

Assault/abuse by residents/inmates/students

Assault/abuse by staff

Barrier Removal

Classification / placement

Conditions of confinement

Confidentiality

Education

Effective Communication (ADA)

Grievance Procedures

Law library access

Mail

Pattern or Practice

Personal injury

Reasonable Accommodations

Rehabilitation

Special education

Staff (number, training, qualifications, wages)

Discrimination-basis:

Disability (inc. reasonable accommodations)

Affected Gender:

Male

Disability:

Visual impairment

Type of Facility:

Government-run