Case: Hanrahan v. Mohr

2:13-cv-01212 | U.S. District Court for the Southern District of Ohio

Filed Date: Dec. 9, 2013

Closed Date: Oct. 18, 2018

Clearinghouse coding complete

Case Summary

This is a case about the right of media access for five prisoners involved in the Southern Ohio Correctional Facility (SOCF) prison uprising in April 1993. After 11 days of rioting, one guard and nine prisoners were murdered, as well as many injuries and tens of millions of dollars of damage. Four prisoners were sentenced to death for their involvement in the riot and classified as restricted population inmates. Journalists sought in-person interviews with the prisoners for the twentieth annive…

This is a case about the right of media access for five prisoners involved in the Southern Ohio Correctional Facility (SOCF) prison uprising in April 1993. After 11 days of rioting, one guard and nine prisoners were murdered, as well as many injuries and tens of millions of dollars of damage. Four prisoners were sentenced to death for their involvement in the riot and classified as restricted population inmates. Journalists sought in-person interviews with the prisoners for the twentieth anniversary of the riot. On December 9, 2013, five prisoners from the SOCF and four media outlets filed this lawsuit in the U.S. District Court for the Southern District of Ohio. The plaintiffs sued the Director of the Ohio Department of Rehabilitation and Correction (ODRC) and ODRC's Communications Chief under 42 U.S.C. § 1983 alleging that the prison’s interview policies violated their rights under the 1st and 14th Amendments. Represented by the ACLU of Ohio, the plaintiffs sought a preliminary and permanent injunction prohibiting the defendants from denying in person media access to the prisoner plaintiffs and requiring a specific and appealable factual basis for any denial with a right to an evidentiary hearing before the court, as well as attorney’s fees and costs. They claimed that they should have been allowed media interviews and that the defendants’ restrictions on media and public access to information were unreasonable. Their interview requests were denied in part due to the anticipated content of the interviews and the potential impact on crime victims.

After filing their answer, the defendants moved for judgment on the pleadings on March 18, 2014. The plaintiffs responded to this motion and, following the defendant’s reply, Chief Judge Edmund A. Sargus denied the defendants’ motion for judgment on the pleadings on March 31, 2015. The court held that the plaintiff’s claims were within the statute of limitations, they had not failed to exhaust their administrative remedies, they had standing due to their adequately pled particularized injury, and that, at the pleadings stage, the court was unable to dismiss on a failure to state a claim since it could not yet determine if the “terms of access are reasonably imposed” or if the prisons at issue provided “substantial press and public access to the prison.” 2015 WL 1476551. The Law Offices of Vasvari & Zimmerman took over the representation of the plaintiffs from the ACLU of Ohio on July 6, 2015.

On March 24, 2017, Chief Judge Sargus granted in part and denied in part the defendant’s motion for summary judgment. The court granted summary judgment against four of the prisoner plaintiffs, holding that the defendants had applied a reasonable and content-neutral policy in denying interviews with these plaintiffs and that there was no evidence that the defendants had treated the four dismissed prisoner plaintiffs differently than other restricted population inmates. The court denied summary judgment against the remaining plaintiffs. They were the media plaintiffs and one prisoner who was not a restricted population inmate. 2017 WL 1134772.

Three days later, the court stayed the case pending the outcome of court-ordered mediation. The remaining plaintiffs filed a request to lift the stay, to continue the scheduled mediation, to reconsider summary judgment, and to allow limited discovery. Chief Judge Sargus granted the continued mediation and waited to rule on the lift of the stay lift, reconsideration of summary judgment, and allowance of discovery until after mediation on June 21, 2017.

On July 13, 2017, defendant ODRC voluntarily modified its media policies in order to remedy the surviving injuries. They removed “victims issues that would present a concern” and “the nature of the interview” from consideration when determining whether to approve media interview requests. In August 2017, all of the media plaintiffs' requests to interview the remaining prisoner plaintiff were approved. Chief Judge Sargus denied the plaintiff’s motion for reconsideration of summary judgment and motion to compel discovery on September 21, 2017. He granted the plaintiff’s motion to strike the jury demand.

The defendants moved for a dismissal of the case as constitutionally moot, arguing that the plaintiffs had fully obtained all of the relief they could receive from this case. On November 28, 2017, Chief Judge Sargus granted the defendants' motion and held that the plaintiffs did not have a live, concrete controversy.

On December 27, 2017, the plaintiffs appealed to the U.S. Court of Appeals for the Sixth Circuit. Circuit Judge Julia Smith Gibbons affirmed the partial grant of summary judgment and the later motion to dismiss on September 26, 2018. She held that because the media plaintiffs may now interview the prisoner plaintiff, they no longer need an injunction to prevent the defendants from denying interviews based on the fact that the prisoner plaintiff was involved in the SOCF prison uprising. Chief Judge Gibbons also noted that other than declaratory and injunctive relief, the plaintiffs sought attorney’s fees, but a request for attorney’s fees was not enough to save a case from being dismissed as moot. Attorney’s fees were denied and the case was dismissed as moot. 2018 WL 4611039. The ruling of the district court was affirmed and a mandate issued on October 18, 2018. The case is closed.

Summary Authors

Zoe Van Dyke (11/7/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5276035/parties/hanrahan-v-mohr/


Judge(s)

Deavers, Elizabeth Preston (Ohio)

Gibbons, Julia Smith (Tennessee)

Sargus, Edmund A. Jr. (Ohio)

Attorneys(s) for Plaintiff

Atzberger, Jennifer Martinez (Ohio)

Dennis, Drew S (Ohio)

Hardiman, James L. (Ohio)

Levenson, Freda J. (Ohio)

Peters, Jonathan (Ohio)

Vasvari, Raymond V. Jr. (Ohio)

Attorneys(s) for Defendant

Goldstein, Judith B. (Ohio)

Judge(s)

Deavers, Elizabeth Preston (Ohio)

Gibbons, Julia Smith (Tennessee)

Sargus, Edmund A. Jr. (Ohio)

Attorneys(s) for Plaintiff

Atzberger, Jennifer Martinez (Ohio)

Dennis, Drew S (Ohio)

Hardiman, James L. (Ohio)

Levenson, Freda J. (Ohio)

Peters, Jonathan (Ohio)

Vasvari, Raymond V. Jr. (Ohio)

Attorneys(s) for Defendant

Goldstein, Judith B. (Ohio)

Johnson, Caitlyn Nestleroth (Ohio)

Worly, Mindy Ann (Ohio)

Documents in the Clearinghouse

Document

Docket [PACER]

Oct. 18, 2018 Docket
1

Complaint for Declaratory and Injunctive Relief

Dec. 9, 2013 Complaint
17

Opinion and Order

2015 WL 1476551

March 31, 2015 Order/Opinion
37

Opinion and Order

2017 WL 1134772

March 24, 2017 Order/Opinion
43

Opinion and Order

June 21, 2017 Order/Opinion
62

Opinion and Order

2017 WL 4221458

Sept. 21, 2017 Order/Opinion
67

Opinion and Order

2017 WL 5900557

Nov. 28, 2017 Order/Opinion

Opinion

U. S. Court of Appeals for the Sixth Circuit

Aug. 2, 2018 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5276035/hanrahan-v-mohr/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against All Defendants ( Filing fee $ 400 paid - receipt number: 0648-4366353), filed by Gregory Curry, Derrick Jones, James Ridgeway, Siddique Abdullah Hasan, George Skatzes, Christopher Hedges, Jason Robb, Noelle Hanrahan, Keith LaMar. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Form, # 3 Summons Form) (Hardiman, James) (Entered: 12/09/2013)

Dec. 9, 2013 PACER
2

MOTION for Leave to Appear Pro Hac Vice of Jonathan Peters (Filing fee $ 200, receipt number 0648-4366487) by Plaintiffs Gregory Curry, Noelle Hanrahan, Siddique Abdullah Hasan, Christopher Hedges, Derrick Jones, Keith LaMar, James Ridgeway, Jason Robb, George Skatzes. (Attachments: # 1 Exhibit, # 2 Exhibit) (Hardiman, James) (Entered: 12/09/2013)

Dec. 9, 2013 PACER
3

Summons Issued as to Gary C. Mohr, JoEllen Smith. (pes1) (Entered: 12/09/2013)

Dec. 9, 2013 PACER
4

ORDER granting 2 Plaintiff's Motion for Leave to Appear Pro Hac Vice of Jonathan Peters. Signed by Magistrate Judge Elizabeth Preston Deavers on 12/11/2013. (er1) (Entered: 12/11/2013)

Dec. 11, 2013 PACER
5

NOTICE of Appearance by Freda J Levenson for Plaintiffs Gregory Curry, Noelle Hanrahan, Siddique Abdullah Hasan, Christopher Hedges, Derrick Jones, Keith LaMar, James Ridgeway, Jason Robb, George Skatzes (Levenson, Freda) (Entered: 01/31/2014)

Jan. 31, 2014 PACER
6

CERTIFICATE of Mailing by Clerk: A copy of the complaint and issued summons were sent to named defendants via certified mail. (er1) (Entered: 02/06/2014)

Feb. 6, 2014 PACER
7

SUMMONS Returned Executed: Gary C. Mohr & JoEllen Smith served on 2/11/2014, answer due 3/4/2014. (er1) (Entered: 02/13/2014)

Feb. 13, 2014 PACER
8

Unopposed MOTION for Extension of Time to File Answer re 1 Complaint, New date requested 3/17/2014. by Defendants Gary C. Mohr, JoEllen Smith. (Nestleroth, Caitlyn) (Entered: 03/03/2014)

March 3, 2014 PACER
9

NOTATION ORDER granting 8 Defendants' Motion for Extension of Time to Answer. Signed by Magistrate Judge Elizabeth Preston Deavers on 03/04/2014. (epd) (Entered: 03/04/2014)

March 4, 2014 PACER
10

ANSWER to 1 Complaint, with Jury Demand filed by All Defendants. (Attachments: # 1 Exhibit A (Hasans Original Grievance), # 2 Exhibit B (Decision by the Office of the Chief Inspector), # 3 Exhibit C (Currys Original Grievance), # 4 Exhibit D (Decision by the Office of the Chief Inspector), # 5 Exhibit E (Informal Complaints)) (Worly, Mindy) (Entered: 03/17/2014)

March 17, 2014 PACER
11

MOTION for Judgment on the Pleadings by Defendants Gary C. Mohr, JoEllen Smith. Responses due by 4/11/2014 (Worly, Mindy) (Entered: 03/18/2014)

March 18, 2014 PACER
12

NOTICE of Hearing: Preliminary Pretrial Conference set for 5/1/2014 10:00 AM in Chambers before Magistrate Judge Elizabeth Preston Deavers. (sln1) (Entered: 03/20/2014)

March 20, 2014 PACER
13

RESPONSE to Motion re 11 MOTION for Judgment on the Pleadings filed by Plaintiffs Gregory Curry, Noelle Hanrahan, Siddique Abdullah Hasan, Christopher Hedges, Derrick Jones, Keith LaMar, James Ridgeway, Jason Robb, George Skatzes. (Levenson, Freda) (Entered: 04/09/2014)

April 9, 2014 PACER
14

Unopposed MOTION to Continue Pre-Trial Conference by Plaintiffs Gregory Curry, Noelle Hanrahan, Siddique Abdullah Hasan, Christopher Hedges, Derrick Jones, Keith LaMar, James Ridgeway, Jason Robb, George Skatzes. (Levenson, Freda) (Entered: 04/22/2014)

April 22, 2014 PACER
15

ORDER granting 14 Parties' Agreed Motion to Continue Pretrial Conference and Rule 26(f) Report. Signed by Magistrate Judge Elizabeth Preston Deavers on 4/23/2014. (er1) (Entered: 04/23/2014)

April 23, 2014 PACER

Terminate Hearings

April 23, 2014 PACER

***Notice vacating the May 1, 2014 Preliminary Pretrial Conference. See Order doc 15 . (er1)

April 23, 2014 PACER
16

REPLY to Response to Motion re 11 MOTION for Judgment on the Pleadings filed by Defendants Gary C. Mohr, JoEllen Smith. (Worly, Mindy) (Entered: 04/23/2014)

April 23, 2014 PACER
17

OPINION AND ORDER denying 11 Defendants' Motion for Judgment on the Pleadings. Signed by Chief Judge Edmund A. Sargus on 03/31/2015. (dh1) (Entered: 03/31/2015)

March 31, 2015 RECAP
18

NOTICE of Hearing: Preliminary Pretrial Conference set for 5/11/2015 11:00 AM in Chambers before Magistrate Judge Elizabeth Preston Deavers. (sln) (Entered: 04/15/2015)

April 15, 2015 PACER
19

Joint MOTION to Continue Pretrial Conference and Rule 26(f) Report by Plaintiffs Gregory Curry, Noelle Hanrahan, Siddique Abdullah Hasan, Christopher Hedges, Derrick Jones, Keith LaMar, James Ridgeway, Jason Robb, George Skatzes. (Levenson, Freda) (Entered: 05/01/2015)

May 1, 2015 PACER
20

ORDER Granting 19 Joint Motion to Continue the 5/11/2015 PPTC. The Conference will instead be held on 6/15/2015 at 3:00 PM. Signed by Magistrate Judge Elizabeth Preston Deavers on 5/4/2015. (sln) (Entered: 05/04/2015)

May 4, 2015 PACER

Set/Reset Hearings

May 4, 2015 PACER

Reset Hearings: Preliminary Pretrial Conference reset to 6/15/2015 03:00 PM in Chambers before Magistrate Judge Elizabeth Preston Deavers. (Previously set for 5/11/2015.) (sln)

May 4, 2015 PACER
21

NOTICE of Appearance and MOTION to Withdraw by Raymond V Vasvari, Jr for Plaintiffs Gregory Curry, Noelle Hanrahan, Siddique Abdullah Hasan, Christopher Hedges, Derrick Jones, Keith LaMar, James Ridgeway, Jason Robb, George Skatzes (Vasvari, Raymond) Modified text and event type on 6/12/2015 (agm). (Entered: 06/11/2015)

June 11, 2015 PACER
22

ORDER granting 21 Request for attorney Raymond v. Vasvari, Jr. to be substituted for trial counsel. Signed by Magistrate Judge Elizabeth Preston Deavers on 6/12/2015. (mas) (Entered: 06/12/2015)

June 12, 2015 PACER
23

Unopposed MOTION for Order to Allow Counsel to Participate in Case Management Conference by Telephone by Plaintiffs Gregory Curry, Noelle Hanrahan, Siddique Abdullah Hasan, Christopher Hedges, Derrick Jones, Keith LaMar, James Ridgeway, Jason Robb, George Skatzes. (Vasvari, Raymond) (Entered: 06/12/2015)

June 12, 2015 PACER
24

ORAL ORDER by Magistrate Judge Elizabeth Preston Deavers on 6/12/2015: Granting 23 Motion to participate in the 6/15/2015 PPTC by phone. The parties are Directed to call 614-719-3460 to participate. (sln) (Entered: 06/12/2015)

June 12, 2015 PACER

Pretrial Conference - Interim

June 15, 2015 PACER

Minute Entry for proceedings held before Magistrate Judge Elizabeth Preston Deavers: Preliminary Pretrial Conference held on 6/15/2015. (sln)

June 15, 2015 PACER
25

RULE 26(f) REPORT of the Parties (Joint) by Plaintiffs Gregory Curry, Noelle Hanrahan, Siddique Abdullah Hasan, Christopher Hedges, Derrick Jones, Keith LaMar, James Ridgeway, Jason Robb, George Skatzes, Interested Party Michael R Merz. (Vasvari, Raymond) (Entered: 06/16/2015)

June 16, 2015 PACER
26

PRELIMINARY PRETRIAL ORDER: Motions or stipulations addressing the parties or pleadings, if any, due by 8/11/2015. Rule 26(a)(1) Disclosures due by 9/4/2015. Primary Expert due by 8/10/2016. Rebuttal Expert due by 11/10/2016. Discovery due by 6/10/2016. Dispositive motions due by 11/30/2016. Final Pretrial Conference ready by 2/2017. Signed by Magistrate Judge Elizabeth Preston Deavers on 6/17/2015. (sln) (Entered: 06/17/2015)

June 17, 2015 PACER
27

Consent MOTION for Extension of Time New date requested 8/9/2016. (Seeking to Extend Four Pretrial Deadlines to Four New Dates) by Plaintiffs Gregory Curry, Noelle Hanrahan, Siddique Abdullah Hasan, Christopher Hedges, Derrick Jones, Keith LaMar, James Ridgeway, Jason Robb, George Skatzes. Responses due by 5/31/2016 (Vasvari, Raymond) (Entered: 05/05/2016)

May 5, 2016 PACER
28

ORDER granting 27 Motion for Extension of Time to Extend Various Pretrial Deadlines. Signed by Magistrate Judge Elizabeth Preston Deavers on 5/6/2016. (mas) (Entered: 05/06/2016)

May 6, 2016 PACER

Set/Reset Columbus PPTO Deadlines

May 6, 2016 PACER

Set/Reset Columbus PPTO Deadlines: Primary Expert due by 10/10/2016. Rebuttal Expert due by 1/9/2017. Discovery due by 8/9/2016. Dispositive motions due by 1/30/2017. (mas)

May 6, 2016 PACER
29

Second MOTION for Extension of Time New date requested 10/11/2016. (Consent Motion to Extend Four Pending Dates and Deadlines Each by Sixth Days More-or-Less) by Plaintiffs Gregory Curry, Noelle Hanrahan, Siddique Abdullah Hasan, Christopher Hedges, Derrick Jones, Keith LaMar, James Ridgeway, Jason Robb, George Skatzes. Responses due by 8/29/2016 (Vasvari, Raymond) (Entered: 08/04/2016)

Aug. 4, 2016 PACER
30

ORDER denying 29 Plaintiffs' Motion to Extend Pretrial Deadlines. Signed by Magistrate Judge Elizabeth Preston Deavers on 8/8/16. (sem) (Entered: 08/08/2016)

Aug. 8, 2016 PACER
31

NOTICE by Defendants Gary C. Mohr, JoEllen Smith re Set/Reset Columbus PPTO Deadlines Of Disclosure Of Primary Expert (Worly, Mindy) (Entered: 10/07/2016)

Oct. 7, 2016 PACER
32

MOTION for Summary Judgment by Defendants Gary C. Mohr, JoEllen Smith. (Attachments: # 1 Exhibit A, Wittrup Declaration, # 2 Exhibit B, Skaggs Declaration, # 3 Exhibit C, Voorhies Declaration, # 4 Exhibit D, Chief Inspector's Declaration, # 5 Exhibit E, Pounds-Alexander Declaration, # 6 Exhibit F, Defendant Expert Report, # 7 Exhibit G, Plaintiff Expert Report) (Worly, Mindy) (Entered: 01/30/2017)

Jan. 30, 2017 PACER
33

Consent MOTION for Extension of Time to File Response/Reply as to 32 MOTION for Summary Judgment New date requested 3/7/2017. by Plaintiffs Gregory Curry, Noelle Hanrahan, Siddique Abdullah Hasan, Christopher Hedges, Derrick Jones, Keith LaMar, James Ridgeway, Jason Robb, George Skatzes. (Vasvari, Raymond) (Entered: 02/02/2017)

Feb. 2, 2017 PACER
34

ORDER GRANTING IN PART AND DENYING IN PART 33 Consent MOTION for Extension of Time to File Response/Reply as to 32 MOTION for Summary Judgment . Plaintiff's Memorandum in Opposition to 32 MOTION for Summary Judgment due by 3/3/2017. Signed by Magistrate Judge Elizabeth Preston Deavers on 2/7/2017. (agm) (Entered: 02/07/2017)

Feb. 7, 2017 PACER
35

RESPONSE in Opposition re 32 MOTION for Summary Judgment filed by Plaintiffs Gregory Curry, Noelle Hanrahan, Siddique Abdullah Hasan, Christopher Hedges, Derrick Jones, Keith LaMar, James Ridgeway, Jason Robb, George Skatzes. (Attachments: # 1 Affidavit Lynd Declaration, # 2 Affidavit Smith Expert Report, # 3 Affidavit Hedges Declaration, # 4 Affidavit Hanrahan Declaration, # 5 Affidavit Jones Declaration, # 6 Exhibit Visitation Policy, # 7 Exhibit Discovery Responses) (Vasvari, Raymond) (Entered: 03/03/2017)

March 3, 2017 PACER
36

REPLY to Response to Motion re 32 MOTION for Summary Judgment filed by Defendants Gary C. Mohr, JoEllen Smith. (Attachments: # 1 Exhibit H, Second Wittrup Declaration, # 2 Exhibit I, OSP Inmate Handbook 2010, # 3 Austin v. Wilkinson Filings) (Worly, Mindy) (Entered: 03/17/2017)

March 17, 2017 PACER
37

OPINION AND ORDER granting in part and denying in part 32 Defendant's Gary C. Mohr and JoEllen Smith's Motion for Summary Judgment. Signed by Chief Judge Edmund A. Sargus on 03/24/2017. (dh1) (Entered: 03/24/2017)

March 24, 2017 RECAP
38

ORDER: Given developments after Gary C. Mohr and Jo Ellen Smith's Motion for Summary Judgment, the court believes this case could benefit from mediation, which will be scheduled forthwith. The Court refers this case to Penny Barrick, career law clerk of Chief Judge Sargus for mediation. This case is stayed pending outcome of the mediation. Signed by Chief Judge Edmund A. Sargus on 03/27/2017. (dh1) (Entered: 03/27/2017)

March 27, 2017 PACER
39

NOTICE of Hearing: Mediation set for 6/28/2017 at 09:30 AM in Chambers before Chief Judge Edmund A. Sargus. (mas) (Entered: 05/09/2017)

May 9, 2017 PACER
40

MOTION for Order to (a) Lift Stay (b) Continue Mediation (c) Grant Leave to File, Instanter, the Motion for Reconsideration Submitted Herewith and its Supporting Motion and Exhibits, and (d) Conduct Limited Discovery (Omnibus Motion) by Plaintiffs Gregory Curry, Noelle Hanrahan, Siddique Abdullah Hasan, Christopher Hedges, Derrick Jones, Keith LaMar, James Ridgeway, Jason Robb, George Skatzes. (Attachments: # 1 Exhibit Motion for Reconsideration Lodged for Filing Contingent on Leave Being Granted, # 2 Exhibit Brief Supporting Same Lodged for Filing Contingent Upon Leave Being Granted, # 3 Exhibit Exhibit to Brief Lodged - Second Lynd Declaration, # 4 Exhibit Exhibit to Brief Lodged - Declaration of Hasan, # 5 Exhibit Exhibit to Brief Lodged - Declaration of LaMar, # 6 Exhibit Exhibit to Brief Lodged - Declaration of Robb, # 7 Exhibit Exhibit to Brief Lodged - Responses by Defendants to Consolidated Discovery) (Vasvari, Raymond) (Entered: 06/14/2017)

June 14, 2017 PACER
41

ORDER: This matter is before the Court on 40 Plaintiffs' Omnibus Motion filed on 06/14/17. Plaintiffs request the Court to lift the stay currently imposed, continue the scheduled mediation, file a motion for reconsideration of this Court's decision on summary judgment, and for permission to engage in limited discovery. Defendants shall file their response to Plaintiffs' request by 06/20/17. Signed by Chief Judge Edmund A. Sargus on 06/15/2017. (dh1) (Entered: 06/15/2017)

June 15, 2017 PACER
42

RESPONSE in Opposition re 40 MOTION for Order to (a) Lift Stay (b) Continue Mediation (c) Grant Leave to File, Instanter, the Motion for Reconsideration Submitted Herewith and its Supporting Motion and Exhibits, and (d) Conduct Limited Discovery (Omnibus Motion) filed by Defendants Gary C. Mohr, JoEllen Smith. (Attachments: # 1 Exhibit A, 53-CLS-04, # 2 Exhibit B, 55-SPC-02, # 3 Exhibit C, 53-CLS-01, # 4 Exhibit D, Clark Declaration) (Worly, Mindy) (Entered: 06/20/2017)

June 20, 2017 PACER
43

OPINION AND ORDER re 40 Plaintiffs' Omnibus Motion filed 06/14/17. The Court finds there is no sufficient reason to postpone mediation, so that aspect of Plaintiffs' Omnibus Motion is denied. If mediation is unsuccessful, the Court will permit Plaintiffs to file a reply in support of their Motion for Reconsideration, and will determine if discovery is necessary for that purpose. Thus, the remainder of Plaintiff's Omnibus Motion is granted in part and held in abeyance in part. Signed by Chief Judge Edmund A. Sargus on 06/21/2017. (dh1) (Entered: 06/21/2017)

June 21, 2017 RECAP
44

ORDER: Mediation was held in this case on 06/28/17, but parties were unable to settle this matter. The Court will now consider the pending Motion for Reconsideration [40-1] and schedule this action for trial. Plaintiffs have until 7/5/17 to request discovery limited to the Motion for Reconsideration. Defendants shall respond by 07/12/17. Plaintiffs may file their Reply in Support of their Motion for Reconsideration by 07/31/17. Signed by Chief Judge Edmund A. Sargus on 06/29/2017. (dh1) (Entered: 06/29/2017)

June 29, 2017 PACER
45

ORDER SETTING TRIAL DATE AND SETTLEMENT CONFERENCE: Settlement Conference set for 8/16/2017 at 9:00 AM; Final Pretrial Conference set for 9/18/2017 at 9:00 AM; and Jury Trial set for 10/2/2017 at 9:00 AM. Signed by Chief Judge Edmund A. Sargus on 07/06/2017. (Attachment: FPTO Form) (dh1) (Entered: 07/06/2017)

July 6, 2017 PACER
46

MOTION to Strike 10 Answer to Complaint, Jury Demand of the Defendants Contained in the Answer (ECF No. 10) by Plaintiffs Gregory Curry, Noelle Hanrahan, Siddique Abdullah Hasan, Christopher Hedges, Derrick Jones, Keith LaMar, James Ridgeway, Jason Robb, George Skatzes. (Vasvari, Raymond) (Entered: 07/17/2017)

July 17, 2017 PACER
47

RESPONSE in Opposition re 46 MOTION to Strike 10 Answer to Complaint, Jury Demand of the Defendants Contained in the Answer (ECF No. 10) filed by Defendants Gary C. Mohr, JoEllen Smith. (Worly, Mindy) (Entered: 07/21/2017)

July 21, 2017 PACER
48

REPLY to Response to Motion re 46 MOTION to Strike 10 Answer to Complaint, Jury Demand of the Defendants Contained in the Answer (ECF No. 10) filed by Plaintiffs Gregory Curry, Noelle Hanrahan, Siddique Abdullah Hasan, Christopher Hedges, Derrick Jones, Keith LaMar, James Ridgeway, Jason Robb, George Skatzes. (Vasvari, Raymond) (Entered: 07/21/2017)

July 21, 2017 PACER
49

ORDER vacating the Settlement Conference scheduled for 08/16/17 in 45 the Order Setting Trial Date and Settlement Conference. The parties engaged in a Court-ordered mediation on 6/28/17 and reached an impasse with regard to settlement. The remainder of the Court Order Setting Trial Date and Settlement Conference is not impacted by this Order. Signed by Chief Judge Edmund A. Sargus on 07/26/2017. (dh1) (Entered: 07/26/2017)

July 26, 2017 PACER
50

REPLY to Response to Motion re 40 MOTION for Order to (a) Lift Stay (b) Continue Mediation (c) Grant Leave to File, Instanter, the Motion for Reconsideration Submitted Herewith and its Supporting Motion and Exhibits, and (d) Conduct Limited Discovery (Omnibus Motion) (Reply Supporting Motion for Reconsideration) filed by Plaintiffs Gregory Curry, Noelle Hanrahan, Siddique Abdullah Hasan, Christopher Hedges, Derrick Jones, Keith LaMar, James Ridgeway, Jason Robb, George Skatzes. (Attachments: # 1 Exhibit 1) (Vasvari, Raymond) (Entered: 07/31/2017)

July 31, 2017 PACER
51

MOTION to Compel Discovery by Plaintiffs Gregory Curry, Noelle Hanrahan, Siddique Abdullah Hasan, Christopher Hedges, Derrick Jones, Keith LaMar, James Ridgeway, Jason Robb, George Skatzes. (Attachments: # 1 Exhibit Discovery Responses, # 2 Exhibit Rule 37 Letter, # 3 Exhibit Email Reply) (Vasvari, Raymond) (Entered: 08/07/2017)

Aug. 7, 2017 PACER
52

ORDER re 51 Plaintiff's Motion to Compel Defendants to Produce Discovery and to Permit the Plaintiffs to Supplement Their Reply Brief with Evidence Produced by the Defendants Should Such an Order Be Granted. The Court modifies the traditional briefing schedule and directs the parties to adhere to the following expedited briefing schedule: Defendants shall file a memorandum in opposition by 08/14/17; Plaintiffs shall file a reply memorandum by 08/16/17 or no Reply Brief will be permitted. Signed by Chief Judge Edmund A. Sargus on 08/08/2017. (dh1) (Entered: 08/08/2017)

Aug. 8, 2017 PACER
53

RESPONSE in Opposition re 51 MOTION to Compel Discovery filed by Defendants Gary C. Mohr, JoEllen Smith. (Attachments: # 1 Exhibit A, Media Policy, # 2 Exhibit B, Email String, # 3 Exhibit C, Wittrup Declaration) (Worly, Mindy) (Entered: 08/10/2017)

Aug. 10, 2017 PACER
54

REPLY to Response to Motion re 51 MOTION to Compel Discovery filed by Plaintiffs Gregory Curry, Noelle Hanrahan, Siddique Abdullah Hasan, Christopher Hedges, Derrick Jones, Keith LaMar, James Ridgeway, Jason Robb, George Skatzes. (Vasvari, Raymond) (Entered: 08/16/2017)

Aug. 16, 2017 PACER
55

MOTION to Dismiss by Defendants Gary C. Mohr, JoEllen Smith. (Attachments: # 1 Exhibit A, Smith Declaration, # 2 Exhibit B, Media Policy-Death Row and Executions, Number 01-COM-13, effective July 13, 2017, # 3 Exhibit C, Media Policy, Number 01-COM-09, effective July 13, 2017) (Worly, Mindy) (Entered: 08/22/2017)

Aug. 22, 2017 PACER
56

Unopposed MOTION for Order to Hold Pretrial Dates in Abayence Pending Resolution of Four Outstanding Motions by Plaintiffs Gregory Curry, Noelle Hanrahan, Siddique Abdullah Hasan, Christopher Hedges, Derrick Jones, Keith LaMar, James Ridgeway, Jason Robb, George Skatzes. (Vasvari, Raymond) (Entered: 08/23/2017)

Aug. 23, 2017 PACER
57

NOTICE by Defendants Gary C. Mohr, JoEllen Smith of Defendants' Statement of Witnesses and Exhibit (Worly, Mindy) (Entered: 08/23/2017)

Aug. 23, 2017 PACER
58

ORDER granting 56 Plaintiffs' Unopposed Motion to Hold Pretrial Deadlines in Abeyance Pending the Resolution of Four Outstanding Motions and Notice of Intent to File a Response In Opposition to the Motion to Dismiss Lately Filed by the Defendants. All pretrial deadlines are hereby held in abeyance. The Court will issue an amended order setting a new trial date and settlement conference. Signed by Chief Judge Edmund A. Sargus on 08/23/2017. (dh1) (Entered: 08/23/2017)

Aug. 23, 2017 PACER
59

AMENDED ORDER SETTING TRIAL DATE: Final Pretrial Conference set for 12/22/2017 at 9:00 AM; Jury Trial set for 1/8/2018 at 9:00 AM. Signed by Chief Judge Edmund A. Sargus on 08/25/2017. (dh1) (Entered: 08/25/2017)

Aug. 25, 2017 PACER
60

RESPONSE in Opposition re 55 MOTION to Dismiss filed by Plaintiffs Gregory Curry, Noelle Hanrahan, Siddique Abdullah Hasan, Christopher Hedges, Derrick Jones, Keith LaMar, James Ridgeway, Jason Robb, George Skatzes. (Vasvari, Raymond) (Entered: 09/12/2017)

Sept. 12, 2017 PACER
61

REPLY to Response to Motion re 55 MOTION to Dismiss filed by Defendants Gary C. Mohr, JoEllen Smith. (Attachments: # 1 Exhibit A, Smith Declaration, # 2 Exhibit B, Dolan Declaration) (Worly, Mindy) (Entered: 09/20/2017)

Sept. 20, 2017 PACER
62

OPINION AND ORDER denying Plaintiffs' Motion for Reconsideration [40-1] and denying 51 Motion to Compel. The Motion to Strike 46 is granted. Signed by Chief Judge Edmund A. Sargus on 09/21/2017. (dh1) (Entered: 09/21/2017)

Sept. 21, 2017 RECAP
63

Unopposed MOTION for Order to Allow MEdia Plaintiffs to Attend the Settlement Conference Telephiically by Plaintiffs Noelle Hanrahan, Christopher Hedges, Derrick Jones, James Ridgeway. (Vasvari, Raymond) (Entered: 11/06/2017)

Nov. 6, 2017 PACER
64

ORDER: The Court recently held a mediation in the above-captioned matter, but the parties were at an impasse. A settlement conference is scheduled for 11/13/17 59, but the parties have indicated it would be futile. Accordingly, the settlement conference is VACATED. Signed by Chief Judge Edmund A. Sargus on 11/08/2017. (dh1) (Entered: 11/08/2017)

Nov. 8, 2017 PACER
65

NOTICE by Defendants Gary C. Mohr, JoEllen Smith re 59 Order, Set Deadlines/Hearings of Statement of Witnesses and Exhibit List (Worly, Mindy) (Entered: 11/27/2017)

Nov. 27, 2017 PACER
66

Witness List by Plaintiffs Noelle Hanrahan, Christopher Hedges, Derrick Jones, James Ridgeway, George Skatzes. (Vasvari, Raymond) (Entered: 11/27/2017)

Nov. 27, 2017 PACER
67

OPINION AND ORDER granting 55 Defendants' Motion to Dismiss. The Clerk is directed to enter Judgment in favor of the Defendants and close this matter. Signed by Chief Judge Edmund A. Sargus on 11/28/2017. (dh1) (Entered: 11/28/2017)

Nov. 28, 2017 RECAP
68

JUDGMENT is entered pursuant to the Opinion and Order filed 11/28/2017. This case is CLOSED. (dh1) (Entered: 11/28/2017)

Nov. 28, 2017 PACER
69

NOTICE OF APPEAL re 68 Clerk's Judgment, 37 Order on Motion for Summary Judgment, 62 Order on Motion to Strike, Order on Motion to Compel (Filing fee has been paid, receipt number 0648-6256404) by Plaintiffs Gregory Curry, Noelle Hanrahan, Siddique Abdullah Hasan, Christopher Hedges, Derrick Jones, Keith LaMar, James Ridgeway, Jason Robb, George Skatzes. Appeal Record due by 1/10/2018. (Vasvari, Raymond) (Entered: 12/27/2017)

Dec. 27, 2017 RECAP
70

USCA Case Number 17-4316 for 69 Notice of Appeal, filed by James Ridgeway, Derrick Jones, Siddique Abdullah Hasan, Keith LaMar, Noelle Hanrahan, Gregory Curry, Christopher Hedges, Jason Robb, George Skatzes. (pb) (Entered: 12/29/2017)

Dec. 29, 2017 PACER
71

USCA OPINION AND JUDGMENT as to 69 Notice of Appeal: The Sixth Circuit AFFIRMS the judgment of the District Court. Note: Mandate to issue. (er) (Entered: 10/01/2018)

Sept. 26, 2018 PACER
72

MANDATE of USCA as to 69 Notice of Appeal: No costs taxed. (er) (Entered: 10/22/2018)

Oct. 18, 2018 PACER

State / Territory: Ohio

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Dec. 9, 2013

Closing Date: Oct. 18, 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Five prisoners involved in the Southern Ohio Correctional Facility (SOCF) prison uprising in the April 1993 and media outlets requesting interviews with the prisoners

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Ohio Department of Rehabilitation and Correction, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Equal Protection

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Source of Relief:

Litigation

Issues

General:

Conditions of confinement

Disparate Treatment

Visiting

Type of Facility:

Government-run