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Case: Baxley v. Jividen

3:18-cv-01526 | U.S. District Court for the Southern District of West Virginia

Filed Date: Dec. 18, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

COVID-19 Summary: The plaintiffs in this West Virginia jail conditions class-action case filed an emergency motion for relief on March 25, 2020, seeking an order to require the defendants to develop, disclose, and implement a plan to take appropriate actions to protect the plaintiff class from COVID-19. The court denied the motion because it found that the plaintiffs were unlikely to succeed on the merits of their claim. On December 18, 2018, the plaintiff, a pretrial detainee at West Virginia'…

COVID-19 Summary: The plaintiffs in this West Virginia jail conditions class-action case filed an emergency motion for relief on March 25, 2020, seeking an order to require the defendants to develop, disclose, and implement a plan to take appropriate actions to protect the plaintiff class from COVID-19. The court denied the motion because it found that the plaintiffs were unlikely to succeed on the merits of their claim.


On December 18, 2018, the plaintiff, a pretrial detainee at West Virginia's Western Regional Jail, filed a pro se complaint against the jail in the U.S. District Court for the Southern District of West Virginia. The plaintiff alleged that he had been exposed to unsanitary conditions in the jail, including a lack of clean clothes, filthy showers, and inmates with staph and other infections.

The case was assigned to Judge Robert C. Chambers. On April 25, 2019, two cases were consolidated with this case (Docket No. 3:18-1436 and 3:18-1533) because they involved common questions of law and fact. That same day, the plaintiffs filed the first amended class action complaint on behalf of all "inmates housed in jail facilities throughout West Virginia." Represented by Mountain State Justice, the plaintiffs sued under 42 U.S.C. § 1983 for violations of their Eighth and Fourteenth Amendment rights, and violations of the Americans with Disabilities Act ("ADA") (42 U.S.C. § 12132). The plaintiffs sought declaratory and injunctive relief against the unconstitutional conditions within the jail. Specifically, they alleged discrimination against those with disabilities, failure to promptly provide necessary medical and mental health treatment, and failure to provide sanitary living conditions.

The defendants moved to dismiss on September 23, 2019. The plaintiffs filed a second amended complaint on December 19, adding additional plaintiffs to the case. The plaintiffs also moved for class certification on February 3, proposing a class that consisted of "All persons who were at any time on or after December 18, 2018, or who will be, admitted to a jail in West Virginia with a discernable, treatable medical and/or mental health problem." The plaintiffs also sought to certify a subclass of incarcerated individuals that met "the definition of being a “qualified individual with a disability” under the ADA."

On March 25, 2020, the plaintiffs filed a motion for a preliminary injunction in light of COVID-19. They requested that the court order the defendants to create, implement, and disclose an appropriate evidence-based plan to help prevent a COVID-19 outbreak, to minimize the impact if an outbreak were to occur, and to contribute to broader efforts to "flatten the curve." They requested a plan that included: inmate and staff education, requiring staff who experience COVID-19 symptoms to stay home until tested (or for a mandatory 14 days), healthcare and custodial staffing plans to keep the facilities running safely as staff members stay at home, staffing plans for services provided by detainees and prisoners themselves as they get sick, screening, testing, treatment, and housing of plaintiffs, plans for additional precautions to prevent exposure of vulnerable populations, provision of hygiene and cleaning supplies to all inmates, housing plans for inmates exposed to the virus, enhanced plans for cleaning shared spaces, coordination with community hospitals, and the removal of charges for methods of communication and psychological support while visitation is eliminated. They additionally requested that the court order some of those held to be released so that jails could practice proper social distancing and permit the appropriate quarantine and treatments of individuals in custody who get COVID-19.

On April 1, Judge Chambers issued an order directing the defendants to provide a redacted copy of their COVID-19 response plan to the Court, and to plaintiff's counsel and their expert witness by 5 p.m. that day. Following this, the expert was required to respond by 5 p.m. on April 2. The defendants were to provide a response to the expert before April 3 at 3 p.m. The court scheduled a hearing for April 6, 2020.

On April 8, the court issued an opinion denying the plaintiffs' motion for a preliminary injunction because their claim was unlikely to succeed on the merits. The court stated that the defendants had been responsive to the COVID-19 pandemic and had produced a comprehensive plan to address the spread of the virus in the state jails and prisons. Furthermore, the court was unwilling to choose a fixed number to release as the plaintiffs had requested. Finally, the court said that because there were no reported cases of COVID-19 in West Virginia prisons, the timing of the motion was also a factor in the decision -- specifically, it was impossible to conclude that the defendants had acted with the required deliberate indifference that would lead to an Eighth Amendment violation. The court stated that as time progressed, if the defendants' current plan was unable to address the spread of COVID-19 in the prisons and jails effectively, the plaintiffs would have a greater likelihood of success on the merits. 2020 WL 1802935.

The ACLU of West Virginia moved to intervene on April 10, for the limited purpose of seeking to unseal court records. The ACLU argued that the response plans for correctional facilities in response to COVID-19 had significant implications for incarcerated people, their loved ones, and the employees of West Virginia's correctional facilities, and should not remain under seal. Intervention was granted on April 15.

On April 23, the court granted in part and denied in part the ACLU of West Virginia's Expedited Motion to Unseal Court Records. 2020 WL 1958632. The Court found that the defendants concerns that unsealing documents would risk anxiety and retaliation amongst the incarcerated population was not sufficient to overcome the First Amendment right of access. However, the Court declined to unseal and unredact the jail's COVID-19 plan, as the Court had not even asked for an unredacted version.

The plaintiffs agreed to a voluntary dismissal of their conditions-of-confinement claim on May 22.

In July, multiple defendants moved for summary judgment, but the court found that the defendants’ motions were moot on October 29, 2020 because the court had already dismissed those plaintiffs with prejudice for failing to prosecute their case. 2020 WL 6365451.

A few months later, on December 21, 2020, the court denied in part and granted in part the defendants’ motions for summary judgment. 508 F.Supp.3d 28 The court granted the defendants’ motions as to five plaintiffs’ ADA claims, finding that those plaintiffs had failed to state claims under the Act. However, the Court found that a sixth plaintiff had stated a claim under the ADA. In addition to this last surviving ADA claim, the plaintiffs' Eighth Amendment claims were allowed to proceed, as the Court found that the defendants’ inaction rose to the level of deliberate indifference to prisoners’ mental and medical health. Finally, the Court noted that the claims were not moot because the plaintiffs were litigating on behalf of a class, and that the plaintiffs had not failed to exhaust their administrative remedies because the jail’s grievance process were not sufficiently available to the incarcerated plaintiffs. The court dismissed the West Virginia Division of Corrections and Rehabilitation from the case pursuant to the plaintiffs’ voluntary dismissal, leaving the case to proceed against the Division Commissioner.

On the same day in a separate decision, the court granted the plaintiffs’ motion for class certification as to the plaintiffs’ “Jail Class,” but reserved judgment on the plaintiffs’ "Disability Subclass" because only one of the plaintiff’s ADA claims remained. 338 F.R.D. 80. The Jail Class included all persons who were or would be admitted to a jail in West Virginia. The disability subclass included all persons who were or would be admitted to a jail in West Virginia and who were disabled within the meaning of the ADA. The court ordered the parties to file memoranda regarding the suitability of the disability subclass class for certification.

On January 5, 2021, defendants filed a petition for permission to appeal the order granting class certification, but the petition was denied.

As of March 12, 2021, the case is ongoing as the parties participate in mediation proceedings.

Summary Authors

Caitlin Kierum (4/17/2020)

Mary Novakovic (10/7/2020)

Becca Rogers (12/25/2020)

Tessa McEvoy (3/12/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/8427693/parties/baxley-v-jividen/


Judge(s)

Aboulhosn, Omar J. (West Virginia)

Chambers, Robert Charles (West Virginia)

Torres, Analisa Nadine (New York)

Attorneys(s) for Plaintiff

Kincaid, Rachel J (West Virginia)

Milnes, Lydia C. (West Virginia)

Wagner, Jennifer S (West Virginia)

Attorneys(s) for Defendant

Arceneaux, Webster J. III (West Virginia)

Gottlieb, Richard L. (West Virginia)

Marino, Briana J. (West Virginia)

Morrisey, Patrick (West Virginia)

Judge(s)

Aboulhosn, Omar J. (West Virginia)

Chambers, Robert Charles (West Virginia)

Torres, Analisa Nadine (New York)

Attorneys(s) for Plaintiff

Kincaid, Rachel J (West Virginia)

Milnes, Lydia C. (West Virginia)

Wagner, Jennifer S (West Virginia)

Attorneys(s) for Defendant

Arceneaux, Webster J. III (West Virginia)

Gottlieb, Richard L. (West Virginia)

Marino, Briana J. (West Virginia)

Morrisey, Patrick (West Virginia)

Murray, William E. (West Virginia)

Raupp, Valerie Harris (West Virginia)

Stebbins, James C. (West Virginia)

Other Attorney(s)

O'Hare, Anne Liles (West Virginia)

Stark, Loree Beth (West Virginia)

Expert/Monitor/Master

Beyrer, Chris (Maryland)

Golob, Jonathan Louis (Michigan)

Greifinger, Robert B. (New York)

Haney, Craig William (California)

Meyer, Jaimie (Connecticut)

Stern, Marc F. (Washington)

Documents in the Clearinghouse

Document

3:18-cv-01526

Docket [PACER]

March 2, 2021

March 2, 2021

Docket
1

3:18-cv-01526

Complaint

Baxley v. Western Regional Jail

Dec. 18, 2018

Dec. 18, 2018

Complaint
18

3:18-cv-01526

First Amended Complaint

April 25, 2019

April 25, 2019

Complaint
67

3:18-cv-01526

First Amended Class Action Complaint for Injunctive and Declaratory Relief

Dec. 19, 2019

Dec. 19, 2019

Pleading / Motion / Brief
88

3:18-cv-01526

Plaintiff's Motion for Class Certification

Feb. 3, 2020

Feb. 3, 2020

Pleading / Motion / Brief
161 (& 161-1 to 161-8)

3:18-cv-01526

Plaintiffs' Emergency Motion for Preliminary Injunction Regarding Defendants' Prevention, Management, and Treatment of COVID-19

March 25, 2020

March 25, 2020

Pleading / Motion / Brief
162

3:18-cv-01526

Declaration of Dr. Craig W. Haney, PHD

March 26, 2020

March 26, 2020

Declaration/Affidavit
166, 166-1, 166-2

3:18-cv-01526

Plaintiffs' Notice of Supplemental Authority in Support of their Emergency Motion for Preliminary Injunction Regarding Defendants' Prevention, Management, and Treatment of COVID-19

March 27, 2020

March 27, 2020

Pleading / Motion / Brief
169

3:18-cv-01526

Exhibit 3

March 30, 2020

March 30, 2020

Pleading / Motion / Brief
173 (& 173-1 to 173-3)

3:18-cv-01526

Plaintiffs' Reply in Support of their Emergency Motion [DOC 161]

April 1, 2020

April 1, 2020

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/8427693/baxley-v-jividen/

Last updated Sept. 6, 2022, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT. (jsa)

Dec. 18, 2018

Dec. 18, 2018

RECAP
2

VACATED IN PART PURSUANT TO 11 ORDER: STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. Discovery referred to Magistrate Judge Eifert. (cc: attys; any unrepresented party) (jsa) (Modified on 2/28/2019 to note that discovery is referred to Magistrate Judge Eifert pursuant to the #10 notice of appearance) (mkw).

Dec. 18, 2018

Dec. 18, 2018

PACER

Case Assigned

Dec. 18, 2018

Dec. 18, 2018

PACER

CASE assigned to Judge Robert C. Chambers. (klc)

Dec. 18, 2018

Dec. 18, 2018

PACER

Case Assigned

Dec. 19, 2018

Dec. 19, 2018

PACER
3

MEMORANDUM OPINION AND ORDER directing Plaintiff to pay the filing fee of $400 or submit to the Court a completed and signed Application to Proceed Without Prepayment of Fees and Costs; further directing Plaintiff to amend his complaint as specified herein within thirty (30) days of the date of this Order. Signed by Magistrate Judge Cheryl A. Eifert on 12/20/2018. (cc: Plaintiff with an Application to Proceed Without Prepayment of Fees and Costs and instructions) (jsa)

Dec. 20, 2018

Dec. 20, 2018

RECAP
4

MAIL RETURNED AS UNDELIVERABLE. Mail sent to John Baxley at WESTERN REGIONAL JAIL, One O'Hanlon Place, Barboursville, WV 25504. Mail resent to John Baxley at STEVENS CORRECTIONAL CENTER, 795 Virginia Avenue, Welch, WV 24801. (hkl)

Jan. 2, 2019

Jan. 2, 2019

PACER
5

MAIL RETURNED AS UNDELIVERABLE. Mail sent to John Baxley at WESTERN REGIONAL JAIL, One O'Hanlon Place, Barboursville, WV 25504. Mail resent to John Baxley at STEVENS CORRECTIONAL CENTER, 795 Virginia Avenue, Welch, WV 24801. (hkl)

Jan. 4, 2019

Jan. 4, 2019

PACER
6

APPLICATION by John Baxley, Jr to Proceed without Prepayment of Fees or Costs. (Attachment: # 1 Envelope) Motion referred to Magistrate Judge Cheryl A. Eifert. (hkl)

Jan. 16, 2019

Jan. 16, 2019

PACER
7

AUTHORIZATION TO RELEASE INSTITUTIONAL ACCOUNT INFORMATION by John Baxley, Jr. (Attachment: # 1 Envelope) (hkl)

Jan. 16, 2019

Jan. 16, 2019

PACER
8

AMENDED COMPLAINT by John Baxley, Jr. against Western Regional Jail. (hkl)

Jan. 16, 2019

Jan. 16, 2019

RECAP
9

ORDER directing Plaintiff to pay the filing fee of $400 or submit a completed Application to Proceed Without Prepayment of Fees and Costs; notifying Plaintiff that failure to pay the fee or submit an amended Application, as instructed, within 30 days of the date of this Order may result in a recommendation that the complaint be dismissed. Signed by Magistrate Judge Cheryl A. Eifert on 2/5/2019. (cc: Plaintiff with a copy of an Application to Proceed Without Prepayment of Fees and Costs) (mkw)

Feb. 5, 2019

Feb. 5, 2019

PACER
10

NOTICE OF APPEARANCE by Lydia C. Milnes on behalf of John Baxley, Jr. (Milnes, Lydia)

Feb. 19, 2019

Feb. 19, 2019

PACER

Case No Longer Referred to Magistrate Judge

Feb. 19, 2019

Feb. 19, 2019

PACER

CASE no longer referred to Magistrate Judge Cheryl A. Eifert for Findings of Fact and Recommendations for disposition pursuant to the 10 Notice of Appearance. (mkw)

Feb. 19, 2019

Feb. 19, 2019

PACER
11

ORDER vacating the 2 Standing Order entered on 12/18/2018 referring this case to Magistrate Judge Cheryl A. Eifert to submit proposed findings of facts and recommendation, pursuant to counsel's entering a notice of appearance in this case; directing the Clerk to refer this case to Magistrate Judge Eifert for discovery purposes only. Signed by Judge Robert C. Chambers on 3/11/2019. (cc: counsel of record; any unrepresented party) (jsa)

March 11, 2019

March 11, 2019

PACER
12

STIPULATION re: 1 Complaint by John Baxley, Jr (Attachment: # 1 Amended Complaint)(Wagner, Jennifer)

1 Amended Complaint

View on PACER

April 22, 2019

April 22, 2019

PACER
13

ORDER directing that civil actions 3:18-cv-1526, 3:18-cv-1436, 3:18-cv-1533 be consolidated; Civil Action 3:18-cv-1526 shall be designated as the lead case, and the matter shall proceed under that styling; further directing that the First Amended Complaint for Injunctive and Declaratory Relief attached to the 12 Stipulation be filed and all defendants, other than those set forth in the First Amended Complaint, be dismissed; the defendants named in the First Amended Complaint will have sixty days from today's date to file a responsive pleading. Signed by Judge Robert C. Chambers on 4/25/2019. (cc: attys; any unrepresented parties) (mkw)

April 25, 2019

April 25, 2019

PACER
14

MOTION by Captain Aldrage, Captain Savilla, Western Regional Jail Authority to Dismiss Complaint With Prejudice. (originally filed in 3:18-cv-1436 on 3/1/2019) (mkw)

April 25, 2019

April 25, 2019

PACER
15

MEMORANDUM OF LAW by Captain Aldrage, Captain Savilla, Western Regional Jail Authority in support of 14 MOTION by Captain Aldrage, Captain Savilla, Western Regional Jail Authority to Dismiss Complaint With Prejudice. (originally filed in 3:18-cv-1436 on 3/1/2019) (mkw)

April 25, 2019

April 25, 2019

PACER
16

STIPULATION by Captain Aldrage, Captain Savilla, Samuel W. Stout, Western Regional Jail Authority to Extend Time for Plaintiff's Response to 14 MOTION by Captain Aldrage, Captain Savilla, Western Regional Jail Authority to Dismiss Complaint to 30 days. (originally filed in 3:18-cv-1436 on 3/15/2019) (mkw)

April 25, 2019

April 25, 2019

PACER
17

STIPULATION by Captain Aldrage, Captain Savilla, Samuel W. Stout, Western Regional Jail Authority to Extend Time for Plaintiff's Response to 14 MOTION by Captain Aldrage, Captain Savilla, Western Regional Jail Authority to Dismiss Complaint an additional 7 days. (originally filed in 3:18-cv-1436 on 4/15/2019) (mkw)

April 25, 2019

April 25, 2019

PACER
18

FIRST AMENDED CLASS ACTION COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF by John Baxley, Jr., Samuel W. Stout, Eric L. Jones against Betsy Jividen, Joseph Wood. (mkw)

April 25, 2019

April 25, 2019

RECAP

Docket Annotation (Public)

April 25, 2019

April 25, 2019

PACER

Docket Annotation (PUBLIC)

April 25, 2019

April 25, 2019

PACER

THIS CASE HAS BEEN CONSOLIDATED WITH CASE NUMBERS 3:18-cv-1436 and 3:18-cv-1533 AS OF 04/25/2019. ALL FURTHER ENTRIES SHALL BE DOCKETED IN 3:18-cv-1526. (mkw)

April 25, 2019

April 25, 2019

PACER
19

ORDER denying as moot Defendants' 14 MOTION to Dismiss the Complaint. Signed by Judge Robert C. Chambers on 4/29/2019. (cc: counsel of record; any unrepresented parties) (hkl)

April 29, 2019

April 29, 2019

PACER
20

MOTION by William E. Murray to Withdraw as Attorney on behalf of Aldrage, Any CO that has worked in A5 section, Savilla, Western Regional Jail Authority (Murray, William)

April 29, 2019

April 29, 2019

PACER
21

ORDER granting Attorney William Murray's 20 MOTION to Withdraw as Counsel; directing that he be removed from receiving filing notifications. Signed by Judge Robert C. Chambers on 5/2/2019. (cc: counsel of record; any unrepresented parties) (jsa)

May 2, 2019

May 2, 2019

PACER
22

MAIL RETURNED AS UNDELIVERABLE. Mail sent to John Baxley at STEVENS CORRECTIONAL CENTER, 795 Virginia Ave, Welch, WV 24801. Mail resent to John Baxley at WESTERN REGIONAL JAIL, One O'Hanlon Place, Barboursville, WV 25504. (hkl)

June 14, 2019

June 14, 2019

PACER
23

APPLICATION by John Baxley, Jr. to Proceed without Prepayment of Fees and Costs. (mkw)

June 20, 2019

June 20, 2019

PACER
24

ORDER directing Plaintiff Baxley to pay the $350.00 filing fee or show cause within 30 days of the filing of this Order, why this case should not be dismissed as to this Plaintiff; directing Plaintiffs Stout and Jones to each pay a $350.00 filing fee or show cause within 30 days of the filing of this Order, why this case should not be dismissed as to each Plaintiff. Signed by Judge Robert C. Chambers on 7/12/2019. (cc: counsel of record; any unrepresented parties) (hkl)

July 12, 2019

July 12, 2019

PACER
25

Filing Fee: $350.00, Receipt Number HUNT004251 as to John Baxley, Jr. pursuant to the 24 Order. (hkl) (Modified on 7/26/2019 to replace image) (mkw).

July 24, 2019

July 24, 2019

PACER
26

Filing Fee: $350.00, Receipt Number HUNT004252 as to Eric L. Jones pursuant to the 24 Order. (hkl) (Modified on 7/26/2019 to replace image) (mkw).

July 24, 2019

July 24, 2019

PACER
27

Filing Fee: $350.00, Receipt Number HUNT004253 as to Samuel W. Stout pursuant to the 24 Order. (hkl) (Modified on 7/26/2019 to replace image) (mkw).

July 24, 2019

July 24, 2019

PACER

Notice of Docket Correction

July 26, 2019

July 26, 2019

PACER

NOTICE OF DOCKET CORRECTION re: 25, 26, 27 Filing Fees. Error: Incorrect images attached. Correction: Replaced incorrect images with correct images. (mkw)

July 26, 2019

July 26, 2019

PACER

Notice Of Docket Correction

July 26, 2019

July 26, 2019

PACER
28

ORDER directing the Clerk to enter a default, pursuant to Fed. R. Civ. P. 55(a), against Defendants Betsy Jividen and Joseph Wood; further directing counsel for Plaintiffs to file the appropriate motions and affidavits, or to arrange for the necessary evidentiary hearing, to facilitate the entry of default judgment, pursuant to Fed. R. Civ. P. 55(b), within twenty days of the entry of this Order. Signed by Judge Robert C. Chambers on 8/2/2019. (cc: counsel of record; any unrepresented parties) (jsa)

Aug. 2, 2019

Aug. 2, 2019

PACER
29

SET ASIDE PURSUANT TO THE 31 ORDER. ENTRY OF DEFAULT BY CLERK as to Betsy Jividen, Joseph Wood. (cc: counsel of record; counsel for defendants via certified mail) (Attachment: # 1 certified mail receipt) (jsa) (Modified on 8/13/2019 to note that the entry of default by clerk has been set aside pursuant to the #31 order) (mkw).

1 certified mail receipt

View on PACER

Aug. 2, 2019

Aug. 2, 2019

PACER
30

MOTION by Betsy Jividen, Joseph Wood to Set Aside Default and MOTION for Leave to File An Answer (Marino, Briana). (Modified on 8/12/2019 to add motion for leave event and to correct party filers)(ts).

Aug. 9, 2019

Aug. 9, 2019

PACER
31

ORDER granting Defendants' 30 MOTION to Set Aside 29 Default and Motion for Leave to File An Answer; Defendants may have until 8/20/2019 to respond to Plaintiffs' 18 First Amended Complaint. Signed by Judge Robert C. Chambers on 8/13/2019. (cc: counsel of record; any unrepresented parties) (jsa)

Aug. 13, 2019

Aug. 13, 2019

PACER
32

RETURN RECEIPT CARD received re: 29 Entry of Default by Clerk. Signed on 8/5/2019 by an agent of the same on behalf of Briana T. Marino. (jsa)

Aug. 13, 2019

Aug. 13, 2019

PACER
33

ANSWER TO 18 Amended Complaint With Jury Demand by Betsy Jividen, Joseph Wood.(Marino, Briana) (Modified on 8/20/2019 to remove terminated filer and to add jury demand) (ts).

Aug. 19, 2019

Aug. 19, 2019

PACER
34

ORDER AND NOTICE: Rule 12(b) Motions 9/10/2019. Rule 26(f) Meeting 9/16/2019. Last day to file report of Rule 26(f) Meeting 9/23/2019. Scheduling/status Conference at 11:30 AM on 10/7/2019 in Huntington. Entry of Scheduling Order 10/15/2019. Last Day to make Rule 26(a)(1) disclosures 10/21/2019 Signed by Judge Robert C. Chambers on 8/21/2019. (cc: counsel of record; any unrepresented parties) (hkl)

Aug. 21, 2019

Aug. 21, 2019

PACER
35

JOINT STIPULATION EXTENDING Deadlines re: 34 Order and Notice by Betsy Jividen, Joseph Wood, John Baxley Jr., Eric L. Jones, Samuel W. Stout (Marino, Briana) (Modified on 9/11/2019 to add link to #34 order and to add party filers)(ts).

Sept. 9, 2019

Sept. 9, 2019

PACER
36

ORDER denying as moot Plaintiff John Baxley's 23 APPLICATION to Proceed Without Prepayment of Fees or Costs. Signed by Judge Robert C. Chambers on 9/17/2019. (cc: counsel of record; any unrepresented parties) (jsa)

Sept. 17, 2019

Sept. 17, 2019

PACER
37

MOTION by Betsy Jividen, Joseph Wood to Dismiss 18 First Amended Class Action Complaint, or in the Alternative, Motion for Summary Judgment Regarding Plaintiff Baxley (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Marino, Briana) (Modified on 9/24/2019 to add event motion for summary judgment and to correct party filers) (ts).

1 Exhibit 1

View on PACER

2 Exhibit 2

View on PACER

Sept. 23, 2019

Sept. 23, 2019

PACER
38

MEMORANDUM OF LAW by Betsy Jividen, Joseph Wood in support of 37 MOTION by Betsy Jividen, Joseph Wood to Dismiss 18 First Amended Class Action Complaint, or in the Alternative, Motion for Summary Judgment Regarding Plaintiff Baxley (Marino, Briana) (Modified on 9/24/2019 to correct party filers) (ts).

Sept. 23, 2019

Sept. 23, 2019

PACER
39

MOTION by Betsy Jividen, Joseph Wood to Dismiss 18 First Amended Class Action, or in the Alternative, Motion for Summary Judgment Regarding Plaintiff Eric Jones. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Marino, Briana) (Modified on 9/24/2019 to convert event for discovery to event for summary judgment) (ts).

1 Exhibit 1

View on PACER

2 Exhibit 2

View on PACER

Sept. 23, 2019

Sept. 23, 2019

PACER
40

MEMORANDUM OF LAW by Betsy Jividen, Joseph Wood in support of 39 MOTION by Betsy Jividen, Joseph Wood to Dismiss 18 First Amended Class Action, or in the Alternative, Motion for Summary Judgment Regarding Plaintiff Eric Jones (Marino, Briana) (Modified on 9/24/19 to correct party filers) (ts)

Sept. 23, 2019

Sept. 23, 2019

PACER
41

MOTION by Betsy Jividen, Joseph Wood to Dismiss 18 First Amended Class Action, or in the Alternative, Motion for Summary Judgment Regarding Plaintiff Stout (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Marino, Briana) (Modified on 9/24/2019 to add event motion for summary judgment and to correct party filers) (ts).

1 Exhibit 1

View on PACER

2 Exhibit 2

View on PACER

Sept. 23, 2019

Sept. 23, 2019

PACER
42

MEMORANDUM OF LAW by Betsy Jividen, Joseph Wood in support of 41 MOTION by Betsy Jividen, Joseph Wood to Dismiss 18 First Amended Class Action, or in the Alternative, Motion for Summary Judgment Regarding Plaintiff Stout (Marino, Briana) (Modified on 9/24/2019 to correct party filers) (ts).

Sept. 23, 2019

Sept. 23, 2019

PACER
43

RULE 26(f) REPORT OF PLANNING MEETING by John Baxley, Jr., Eric L. Jones, Samuel W. Stout, Betsy Jividen, Joseph Wood (Milnes, Lydia) (Modified on 9/27/2019 to add party filers) (ts).

Sept. 27, 2019

Sept. 27, 2019

PACER
44

SCHEDULING CONFERENCE held by Judge Robert C. Chambers on 10/7/2019; Court Reporter: Kathy Swinhart. (trj)

Oct. 7, 2019

Oct. 7, 2019

PACER
45

RESPONSE by John Baxley, Jr in opposition to 37 MOTION by Betsy Jividen, Joseph Wood to Dismiss 18 First Amended Class Action Complaint, or in the Alternative, Motion for Summary Judgment Regarding Plaintiff Baxley and 41 MOTION by Betsy Jividen, Joseph Wood to Dismiss 18 First Amended Class Action, or in the Alternative, Motion for Summary Judgment Regarding Plaintiff Stout (Attachment: # 1 Exhibit A)(Milnes, Lydia)

1 Exhibit A - Declaration of Plaintiff Stout

View on PACER

Oct. 8, 2019

Oct. 8, 2019

PACER
46

REVISED RULE 26(f) REPORT OF PLANNING MEETING by John Baxley, Jr., Samuel W. Stout, Eric L. Jones, Joseph Wood, Betsy Jividen (Milnes, Lydia) (Modified on 10/10/2019 to add party filers)(ts).

Oct. 9, 2019

Oct. 9, 2019

PACER
47

STIPULATION to hold 37, 39, 41 Motions in abeyance until 4/10/2020 by John Baxley, Jr, Eric L. Jones, Samuel W. Stout, Betsy Jividen (Milnes, Lydia) (Modified on 10/10/2019 to add links to ## 37, 39, 41 motions and to add party filers) (ts).

Oct. 9, 2019

Oct. 9, 2019

PACER
48

CERTIFICATE OF SERVICE by John Baxley, Jr for First Set of Interrogatories, Requests for Production, and Requests for Admission. (Milnes, Lydia)

Oct. 10, 2019

Oct. 10, 2019

PACER
49

SCHEDULING ORDER pursuant to the 46 REVISED RULE 26(f) REPORT OF PLANNING MEETING directing as follows: Discovery on Class Certification will begin on 10/8/2019. Joinder of Parties due by 12/13/2019. Case Management Conference set for 2/3/2020 at 11:30 AM in Huntington; all lead counsel will attend in person. Motion for class certification and any dispositive motions on putative class representatives are due by 4/10/2020; responses to motion for class certification and any dispositive motions are due by 4/24/2020; replies to motion for class certification and dispositive motions are due by 5/1/2020; further denying Defendants' 37, 39, 41 MOTIONS to Dismiss as premature; Motions to Dismiss may be refiled at the appropriate time. Signed by Judge Robert C. Chambers on 10/10/2019. (cc: counsel of record; any unrepresented parties) (hkl) (Modified on 10/10/2019 to add link to #46 revised report of planning meeting) (mkw).

Oct. 10, 2019

Oct. 10, 2019

PACER
50

CERTIFICATE OF SERVICE by John Baxley, Jr,Samuel W. Stout, Eric L. Jones for Rule 26(a)(1) Disclosures. (Milnes, Lydia) (Modified on 10/21/2019 to add party filers)(ts).

Oct. 21, 2019

Oct. 21, 2019

PACER
51

CERTIFICATE OF SERVICE by Betsy Jividen, Western Regional Jail, Joseph Wood for Rule 26(a)(1) Initial Disclosures. (Marino, Briana)

Oct. 21, 2019

Oct. 21, 2019

PACER
52

CERTIFICATE OF SERVICE by Betsy Jividen, Joseph Wood for Answers to Plaintiffs' First Set of Request for Production of Documents (Marino, Briana)

Nov. 12, 2019

Nov. 12, 2019

PACER
53

AMENDED CERTIFICATE OF SERVICE by Betsy Jividen, Joseph Wood for Answers to Plaintiff's First Set of Request for Admissions (amended). (Marino, Briana)

Nov. 12, 2019

Nov. 12, 2019

PACER
54

CERTIFICATE OF SERVICE by Betsy Jividen, Joseph Wood for Answers to Plaintiffs' First Set of Interrogatories. (Marino, Briana)

Nov. 12, 2019

Nov. 12, 2019

PACER
55

JOINT MOTION by John Baxley, Jr, Samuel W. Stout, Eric L. Jones, Joseph Wood, Betsy Jividen for Protective Order (Attachment: # 1 Proposed Order) (Milnes, Lydia) (Modified on 11/19/2019 to add party filers) (ts).

1 Proposed Order Protective Order

View on PACER

Nov. 18, 2019

Nov. 18, 2019

PACER
56

PROTECTIVE ORDER setting forth the terms for the handling of confidential documents. Signed by Magistrate Judge Cheryl A. Eifert on 11/19/2019. (cc: counsel of record; any unrepresented party) (hkl)

Nov. 19, 2019

Nov. 19, 2019

PACER
57

CERTIFICATE OF SERVICE by John Baxley, Jr for Second Set of Interrogatories, and Requests for Production of Documents to Defendants. (Wagner, Jennifer)

Nov. 26, 2019

Nov. 26, 2019

PACER
58

CERTIFICATE OF SERVICE by Betsy Jividen, Joseph Wood for Answers to Plaintiffs' First Set of Requests for Production of Documents. (Marino, Briana)

Nov. 27, 2019

Nov. 27, 2019

PACER
59

NOTICE of Rule 34 Inspection by John Baxley, Jr, Eric L. Jones, Samuel W. Stout (Wagner, Jennifer) (Modified on 12/9/2019 to add party filers)(ts).

Dec. 9, 2019

Dec. 9, 2019

PACER
60

NOTICE OF RULE 30(B)(6) DEPOSITION by John Baxley, Jr, Samuel W. Stout, Eric L. Jones of the West Virginia Division of Corrections and Rehabilitation at Western Regional Jail Representative on 1/17/2020 at 1:00 p.m. (Wagner, Jennifer) (Modified on 12/9/2019 to convert event to notice to take or amend deposition and to add party filers) (ts).

Dec. 9, 2019

Dec. 9, 2019

PACER
61

MOTION by John Baxley, Jr to Compel Discovery (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Wagner, Jennifer)

1 Exhibit A to Motion to Compel

View on PACER

2 Exhibit B to Motion to Compel

View on PACER

3 Exhibit C to Motion to Compel

View on PACER

4 Exhibit D to Motion to Compel

View on PACER

Dec. 11, 2019

Dec. 11, 2019

PACER

Motions Referred

Dec. 11, 2019

Dec. 11, 2019

PACER

MOTION REFERRED to Magistrate Judge Cheryl A. Eifert: 61 MOTION by John Baxley, Jr to Compel Discovery. (ts)

Dec. 11, 2019

Dec. 11, 2019

PACER

Motions Referred

Dec. 12, 2019

Dec. 12, 2019

PACER
62

MOTION by John Baxley, Jr, Eric L. Jones, Samuel W. Stout to File Second Amended Complaint (Attachment: # 1 Exhibit 1 - Second Amended Complaint)(Milnes, Lydia) (Modified on 12/17/2019 to add party filers) (ts).

1 Exhibit 1 - Second Amended Complaint

View on PACER

Dec. 13, 2019

Dec. 13, 2019

PACER
63

CERTIFICATE OF SERVICE by Betsy Jividen, Western Regional Jail, Joseph Wood for First Supplemental Responses to Plaintiffs' First Set of Requests for Production of Documents. (Marino, Briana)

Dec. 17, 2019

Dec. 17, 2019

PACER
64

JOINT STIPULATION EXTENDING DEADLINE for Plaintiffs to file an amended motion to compel relating to Plaintiffs' First Set of Interrogatories and Requests for Production of Documents dated October 10, 2019 (Marino, Briana) (Modified on 12/19/2019 to modify party filers) (ts).

Dec. 19, 2019

Dec. 19, 2019

PACER
65

CERTIFICATE OF SERVICE by Betsy Jividen, Western Regional Jail, Joseph Wood for Second Supplemental Responses to Plaintiffs' First Set of Requests for Production of Documents. (Marino, Briana)

Dec. 19, 2019

Dec. 19, 2019

PACER
66

ORDER granting Plaintiffs' 62 MOTION to File Second Amended Complaint and directing the Clerk of Court to file the same. Signed by Judge Robert C. Chambers on 12/19/2019. (cc: counsel of record; any unrepresented parties) (jsa)

Dec. 19, 2019

Dec. 19, 2019

PACER
67

FIRST AMENDED CLASS ACTION COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF by Samuel W. Stout, John Baxley, Jr, Eric L. Jones, Donna Wells-Wright, Robert Watson, Heather Reed, Joshua Hall, Amber Arnett, Earl Edmondson, Danny Spiker, Jr. against Betsy Jividen, West Virginia Division of Corrections and Rehabilitation, Shelbey Searls, Western Regional Jail and Correctional Facility. (jsa)

Dec. 19, 2019

Dec. 19, 2019

RECAP
68

AMENDED NOTICE OF DEPOSITION by Amber Arnett, John Baxley, Jr, Earl Edmondson, Joshua Hall, Eric L. Jones, Heather Reed, Danny Spiker, Jr, Samuel W. Stout, Samuel Stout, Robert Watson, Donna Wells-Wright of Superintendent Shelby Searls on January 17, 2020 at 1:00 p.m. (Wagner, Jennifer)

Dec. 24, 2019

Dec. 24, 2019

PACER
69

NOTICE OF EVIDENTIARY DEPOSITION by Amber Arnett, John Baxley, Jr, Earl Edmondson, Joshua Hall, Eric L. Jones, Heather Reed, Danny Spiker, Jr, Samuel W. Stout, Samuel Stout, Robert Watson, Donna Wells-Wright of Debbie Hissom on January 10, 2020 at 10:00 a.m. (Wagner, Jennifer)

Dec. 24, 2019

Dec. 24, 2019

PACER
70

CERTIFICATE OF SERVICE by Betsy Jividen, Shelbey Searls, Western Regional Jail and Correctional Facility for First Supplemental Answers to Plaintiffs' First Set of Interrogatories. (Marino, Briana)

Dec. 26, 2019

Dec. 26, 2019

PACER
71

JOINT STIPULATION EXTENDING TIME for Plaintiffs to file an amended/supplemental motion to compel by Betsy Jividen, Shelbey Searls, Western Regional Jail and Correctional Facility, Samuel Stout, Eric L. Jones, John Baxley, Jr. (Marino, Briana) (Modified on 1/3/2020 to add party filers) (ts).

Jan. 2, 2020

Jan. 2, 2020

PACER
72

CERTIFICATE OF SERVICE by Betsy Jividen, Shelbey Searls for Answers to Plaintiffs' Second Set of Requests for Production. (Marino, Briana)

Jan. 2, 2020

Jan. 2, 2020

PACER
73

CERTIFICATE OF SERVICE by Shelbey Searls for First Set of Requests for Production of Documents to Eric Jones. (Marino, Briana)

Jan. 2, 2020

Jan. 2, 2020

PACER
74

NOTICE OF DEPOSITION by John Baxley, Jr of PrimeCare Medical, Inc. on February 21, 2020 at 10:00 a.m. (Attachment: # 1 Subpoena)(Wagner, Jennifer)

1 Subpoena

View on PACER

Jan. 2, 2020

Jan. 2, 2020

PACER
75

FIRST AMENDED NOTICE OF DEPOSITION by John Baxley, Jr of Debbie Hissom on January 24, 2020 at 9:00 a.m. (Wagner, Jennifer)

Jan. 2, 2020

Jan. 2, 2020

PACER
76

NOTICE of Intent to Serve Subpoena Upon PrimeCare Medical, Inc. by John Baxley, Jr (Attachment: # 1 Subpoena)(Wagner, Jennifer)

1 Subpoena

View on PACER

Jan. 2, 2020

Jan. 2, 2020

PACER
77

STIPULATION REGARDING ACCEPTANCE OF SERVICE AND ANSWER DEADLINE by John Baxley, Jr., ERic L. Jones, Samuel Stout, Amber Arnett, Earl Edmondson, Joshua Hall, Donna Wells-Wright, Robert Watson Heather Reed, Danny Spiker, Jr., Betsy Jividen, West Virginia Division of Corrections and Rehabilitation, Shelbey Searls, said parties stipulate to the acceptance of service of the 67 Second Amended Complaint and jointly agree to extend the deadline for all Defendants to file an Answer to 2/3/2020. (Milnes, Lydia) (Modified on 1/3/2020 to add party filers and to add link to the #67 second amended complaint) (mkw).

Jan. 3, 2020

Jan. 3, 2020

PACER
78

CERTIFICATE OF SERVICE by Betsy Jividen, Shelbey Searls for First Supplemental Answers to Plaintiffs' Second Set of Requests for Production of Documents. (Marino, Briana)

Jan. 3, 2020

Jan. 3, 2020

PACER

RESET DEADLINE: Defendants Betsy Jividen, Shelbey Searls, West Virginia Division of Corrections and Rehabilitation, Western Regional Jail and Correctional Facility answer due 2/3/2020 pursuant to the 77 Stipulation. (mkw)

Jan. 3, 2020

Jan. 3, 2020

PACER

Set Deadlines/Hearings

Jan. 3, 2020

Jan. 3, 2020

PACER
79

CERTIFICATE OF SERVICE by Betsy Jividen, Shelbey Searls for Third Supplemental Responses to Plaintiffs' First Set of Requests for Production of Documents. (Marino, Briana)

Jan. 9, 2020

Jan. 9, 2020

PACER
80

CERTIFICATE OF SERVICE by Shelbey Searls for First Set of Requests for Production of Documents to John Baxley, Jr.(Marino, Briana)

Jan. 13, 2020

Jan. 13, 2020

PACER
81

MOTION by Betsy Jividen, Shelbey Searls for Leave to File Third-Party Complaint and Cross-Claims (Marino, Briana)

Jan. 14, 2020

Jan. 14, 2020

PACER
82

CERTIFICATE OF SERVICE by Betsy Jividen, Shelbey Searls for Second Supplemental Responses to Plaintiffs' Second Set of Requests for Production of Documents. (Marino, Briana)

Jan. 16, 2020

Jan. 16, 2020

PACER
83

RESPONSE by Amber Arnett, John Baxley, Jr, Earl Edmondson, Joshua Hall, Eric L. Jones, Heather Reed, Danny Spiker, Jr, Robert Watson, Donna Wells-Wright in opposition to 81 MOTION by Betsy Jividen, Shelbey Searls for Leave to File Third-Party Complaint and Cross-Claims (Wagner, Jennifer)

Jan. 28, 2020

Jan. 28, 2020

PACER
84

CERTIFICATE OF SERVICE by Shelbey Searls for First Set of Requests for Production of Documents to Samuel Stout. (Marino, Briana)

Jan. 29, 2020

Jan. 29, 2020

PACER

Case Details

State / Territory: West Virginia

Case Type(s):

Prison Conditions

Disability Rights

Special Collection(s):

COVID-19 (novel coronavirus)

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 18, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Both current and future detainees and prisoners in the West Virginia Division of Corrections and Rehabilitation

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

West Virginia Division of Corrections and Rehabilitation, State

Commissioner, 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.

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Content of Injunction:

Preliminary relief denied

Issues

General:

Bathing and hygiene

Conditions of confinement

Reasonable Accommodations

Reasonable Modifications

Sanitation / living conditions

Totality of conditions

Crowding:

Crowding / caseload

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

COVID-19:

Mitigation Denied

Mitigation Requested

Release Denied

Release Requested