Case: U.S. v. Hampton Roads Regional Jail Authority

United States of America v. Hampton Roads

United States of America v. Hampton Roads

United States of America v. Hampton Roads

United States of America v. Hampton Roads Regional Jail Authority

United States of America v. Hampton Roads Regional Jail Authority

Complaint, filed by UNITED STATES OF AMERICA. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(Wuerker, Clare) (Entered: 08/05/2020)

1 Exhibit

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2 Civil Cover Sheet

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Joint MOTION for Entry of Consent Decree by UNITED STATES OF AMERICA. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Wuerker, Clare) (Entered: 08/05/2020)

1 Exhibit

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2 Proposed Order

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Initial Case Assignment to District Judge Rebecca Beach Smith and Magistrate Judge Lawrence R. Leonard. (epri, )

Memorandum in Support re 2 Joint MOTION for Entry of Consent Decree filed by UNITED STATES OF AMERICA. (Attachments: # 1 Exhibit, # 2 Exhibit)(Wuerker, Clare) (Entered: 08/05/2020)

NOTICE of Appearance by Jeff Wayne Rosen on behalf of Hampton Roads Regional Jail Authority (Rosen, Jeff) (Entered: 08/11/2020)

ORDER: The joint motion ECF 2 is GRANTED. The Agreement is APPROVED and the Agreement's terms are hereby incorporated into this Order as if fully set forth herein. The Court retains complete jurisdiction of this matter to enforce this Order and the terms of the incorporated Agreement until the Defendants have fulfilled their obligations therein. Signed by District Judge Rebecca Beach Smith on 8/31/20. (afar) (Entered: 08/31/2020)

Joint MOTION to Appoint a Monitor by UNITED STATES OF AMERICA. (Attachments: # 1 Proposed Order)(Wuerker, Clare) (Entered: 09/09/2020)

Memorandum in Support re 6 Joint MOTION to Appoint a Monitor filed by UNITED STATES OF AMERICA. (Attachments: # 1 Exhibit)(Wuerker, Clare) (Entered: 09/09/2020)

ORDER APPOINTING MONITOR. James Conrad Welch is appointed the Monitor, pursuant to Paragraphs 129-30 of the Agreement. ECF 2-1. Signed by District Judge Rebecca Beach Smith on 9/10/2020. (tamarm, ) (Entered: 09/10/2020)

Baseline Monitoring Report by Court Appointed Monitor, James C. Welch. (tamarm, ) (Entered: 11/30/2020)

Letter from the Court to James C. Welch, Monitor. (tamarm, ) (Entered: 12/04/2020)

Letter from the Court to James C. Welch, Monitor. (Attachments: # 1 The Virginian-Pilot article dated 4-28-2021; Attachment: # 2 Letter dated 4-22-2021 from Ryan C. McCord, Executive Director of the State Board of Local and Regional Jails)(tamarm, ) (Entered: 05/03/2021)

Letter to the Court from James C. Welch, Monitor. (tamarm, ) (Entered: 05/07/2021)

Letter from the Court to James C. Welch, Monitor. (afar) (Entered: 05/12/2021)

NOTICE by UNITED STATES OF AMERICA re 14 Letter and Compliance with the Court's Request (Attachments: # 1 Letter)(Wuerker, Clare) (Entered: 05/18/2021)

Letter to the Court from James C. Welch, Monitor. (Attachments: # 1 First Monitoring Report dated May 31, 2021 with Appendices A and B)(mrees, ) (Entered: 06/09/2021)

Letter from the Court to James C. Welch, Monitor. (mrees, ) (Entered: 06/09/2021)

Motion to appear Pro Hac Vice by Kyle Smiddie and Certification of Local Counsel Clare P. Wuerker and Memorandum in Support by UNITED STATES OF AMERICA. (Attachments: # 1 Exhibit)(Wuerker, Clare) (Entered: 06/17/2021)

Status Conference set for 7/23/2021 at 11:00 AM before District Judge Rebecca Beach Smith in Norfolk. (sche)

Notice of Correction re 18 Motion to appear Pro Hac Vice by Kyle Smiddie and Certification of Local Counsel Clare P. Wuerker and Memorandum in Support. The motion does not contain the signature of the applicant. Local counsel should file a corrected motion that includes the written signature of the applicant. (tlev, )

Amended Motion to appear Pro Hac Vice by Kyle Smiddie and Certification of Local Counsel Clare P. Wuerker by UNITED STATES OF AMERICA. (Attachments: # 1 Exhibit)(Wuerker, Clare) (Entered: 06/22/2021)

ORDER granting 19 Motion for Pro hac vice for Kyle Edward Smiddie as to UNITED STATES OF AMERICA. Signed by District Judge Rebecca Beach Smith on 6/23/21. (tlev, ) (Entered: 06/23/2021)

Letter with Summary to the Court from James C. Welch, Monitor. (Attachments: # 1 Summary of HRRJ accomplishments, # 2 Envelope)(tamarm, ) (Entered: 07/14/2021)

STATUS CONFERENCE held before District Judge Rebecca Beach Smith: Jody Stewart, OCR. Claire Wuerker and Kyle Smiddie present on behalf of plaintiff. Jeff Rosen present on behalf of defendant, along with representatives from Hampton Roads Regional Jail Authority. James C. Welch, Monitor, present. Status Conference held on 7/23/2021. Comments of court, counsel and the Monitor heard re the Status Report. Court adjourned. (sche) (Entered: 07/23/2021)

TRANSCRIPT of proceedings held on 7-23-2021, before Judge Rebecca Beach Smith, Court Reporter/Transcriber Jody Stewart, Telephone number 757-222-7071. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the court reporter/transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 10/21/2021. Redacted Transcript Deadline set for 11/22/2021. Release of Transcript Restriction set for 12/20/2021.(stewart, jody) (Entered: 09/21/2021)

Letter to the Court from James C. Welch, Monitor. (Attachments: # 1 Second Monitoring Report dated November 30, 2021, # 2 Attachment 1 - Agreement, # 3 Envelope)(tamarm, ) (Entered: 12/01/2021)

1

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Letter to the Court from James C. Welch, Monitor. (Attachments: # 1 Third Monitoring Report dated May 31, 2022, # 2 Attachment 1 - Agreement, # 3 Envelope)(afar) (Entered: 06/02/2022)

Letter from the Court to James C. Welch, Monitor. (afar) (Entered: 06/10/2022)

Letter to the Court from James C. Welch, Monitor. (Attachments: # 1 Fourth Monitoring Report dated 11/30/22, # 2 Agreement, # 3 Envelope)(afar) (Entered: 12/06/2022)

Letter from the Court to James C. Welch, Monitor. (afar) (Entered: 12/06/2022)

Set Hearings: Status Conference set for 1/20/2023 at 12:00 PM in Norfolk before District Judge Rebecca Beach Smith. (tamarm, )

Motion to appear Pro Hac Vice by Alyssa Wright and Certification of Local Counsel Clare P. Wuerker and Memorandum in Support by UNITED STATES OF AMERICA. (Attachments: # 1 Exhibit Pro Hac Vice Application Form)(Wuerker, Clare) (Entered: 12/15/2022)

Notice of Correction re 32 Motion to appear Pro Hac Vice by Alyssa Wright and Certification of Local Counsel Clare P. Wuerker and Memorandum in Support. The motion does not contain the signature of the applicant. Local counsel should file a corrected motion that includes the written signature of the applicant. (tlev, )

Amended Motion to appear Pro Hac Vice by Alyssa Wright and Certification of Local Counsel Clare Wuerker and Memorandum in Support by UNITED STATES OF AMERICA. (Attachments: # 1 Exhibit Pro Hac Vice Application Form)(Wuerker, Clare) (Entered: 12/20/2022)

Response to 30 Letter Fourth Monitoring Report filed by UNITED STATES OF AMERICA. (Wuerker, Clare) (Entered: 12/22/2022)

ORDER granting 33 Motion for Pro hac vice Appointed Alyssa B Wright for UNITED STATES OF AMERICA. Signed by District Judge Rebecca Beach Smith on 01/04/2023. (Vpea) (Entered: 01/04/2023)

Response to 30 Letter filed by Hampton Roads Regional Jail Authority. (Rosen, Jeff) (Entered: 01/05/2023)

STATUS CONFERENCE held before District Judge Rebecca Beach Smith. (Court Reporter Jody Stewart.) Claire Wuerker, Kyle Smiddie, and Alyssa Wright present on behalf of plaintiff. Jeff Rosen present on behalf of defendant, along with representatives from Hampton Roads Regional Jail Authority. James C. Welch, Monitor, present. Status Conference held on 1/20/2023. Comments of court, counsel, Sheriff Gabe Morgan, and the Monitor heard regarding the Status Report. Court adjourned. (tamarm, ) (Entered: 01/20/2023)

TRANSCRIPT of proceedings held on 1-20-2023, before Judge Rebecca Beach Smith, Court Reporter/Transcriber Jody Stewart, Telephone number 757-222-7071. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the court reporter/transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 3/16/2023. Redacted Transcript Deadline set for 4/17/2023. Release of Transcript Restriction set for 5/15/2023.(stewart, jody) (Entered: 02/14/2023)

MOTION to Seal Exhibit A to Fifth Monitor's Report by Hampton Roads Regional Jail Authority. (Rosen, Jeff) (Entered: 06/01/2023)

Memorandum in Support re 39 MOTION to Seal Exhibit A to Fifth Monitor's Report filed by Hampton Roads Regional Jail Authority. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Rosen, Jeff) (Entered: 06/01/2023)

Notice of Under Seal Filing LCvR5 (B) by Hampton Roads Regional Jail Authority re 39 MOTION to Seal Exhibit A to Fifth Monitor's Report (Rosen, Jeff) (Entered: 06/01/2023)

Sealed Attachment/Exhibit(s) re 39 MOTION to Seal Exhibit A to Fifth Monitor's Report. (Rosen, Jeff) (Entered: 06/01/2023)

RESPONSE in Opposition re 39 MOTION to Seal Exhibit A to Fifth Monitor's Report filed by UNITED STATES OF AMERICA. (Attachments: # 1 Exhibit Braggs Staffing Report, # 2 Exhibit May Board Meeting Agenda)(Wuerker, Clare) (Entered: 06/07/2023)

Letter to the Court from James C. Welch, Monitor. (Attachments: # 1 Monitoring Report dated 5/31/23, # 2 Agreement (Appendix C), # 3 Envelope)(afar) (Entered: 06/09/2023)

Letter from the Court to James C. Welch, Monitor. (afar) (Entered: 06/09/2023)

Letter of Correction re Doc 40. (Rosen, Jeff) (Entered: 06/12/2023)

ORDER: Plaintiff's Motion to Seal, ECF 39 is DENIED. Defendant requested that the document be filed as "Exhibit A" to the Fifth Monitor's Report, ECF 39 at 1, However, the Monitor's report makes no reference to the existence of an "Exhibit A." Therefore, the Clerk is DIRECTED to file the document as an unsealed supplement to the Fifth Monitor's Report rather than as an attachment or exhibit thereto. Signed by District Judge Rebecca Beach Smith on 6/16/2023. (copy distributed as directed 6/16/23) (afar) (Entered: 06/16/2023)

Supplement to the Fifth Monitor's Report. (afar) (Entered: 06/16/2023)

Response to Fifth Monitoring Report filed by Hampton Roads Regional Jail Authority. (Rosen, Jeff) (Entered: 07/07/2023)

MOTION to Terminate Sections 32-38 of the Agreement to Resolve the Department of Justice's Investigation of Hampton Roads Regional Jail by Hampton Roads Regional Jail Authority. (Rosen, Jeff) (Entered: 07/07/2023)

Memorandum in Support re 50 MOTION to Terminate Sections 32-38 of the Agreement to Resolve the Department of Justice's Investigation of Hampton Roads Regional Jail filed by Hampton Roads Regional Jail Authority. (Rosen, Jeff) (Entered: 07/07/2023)

Response to 44 Letter the Fifth Monitoring Report filed by UNITED STATES OF AMERICA. (Wuerker, Clare) (Entered: 07/10/2023)

MOTION to Withdraw 50 MOTION to Terminate Sections 32-38 of the Agreement to Resolve the Department of Justice's Investigation of Hampton Roads Regional Jail by Hampton Roads Regional Jail Authority. (Rosen, Jeff) (Entered: 07/21/2023)

Memorandum in Support re 53 MOTION to Withdraw 50 MOTION to Terminate Sections 32-38 of the Agreement to Resolve the Department of Justice's Investigation of Hampton Roads Regional Jail filed by Hampton Roads Regional Jail Authority. (Rosen, Jeff) (Entered: 07/21/2023)

Joint MOTION to Terminate One Substantive Section of The Agreement to Resolve The Department of Justices Investigation of Hampton Roads Regional Jail by Hampton Roads Regional Jail Authority. (Rosen, Jeff) (Entered: 07/21/2023)

Memorandum in Support re 55 Joint MOTION to Terminate One Substantive Section of The Agreement to Resolve The Department of Justices Investigation of Hampton Roads Regional Jail filed by Hampton Roads Regional Jail Authority. (Rosen, Jeff) (Entered: 07/21/2023)

ORDER re 50 Motion to Terminate 53 Defendant's Motion to Withdraw and 55 MOTION to Terminate Sections 32-38 of the Agreement. The Court ORDERS that the Joint Motion 55 is GRANTED. Sections 31-38 of the parties' Agreement is hereby TERMINATED. All other sections remain in effect. Defendant's Motion to Withdraw, 53 is GRANTED; and the Defendant's Original Motion to terminate 50 is accordingly WITHDRAWN. (Copies distributed as Directed). Signed by District Judge Rebecca Beach Smith on 7/26/2023. (Vpea) (Entered: 07/26/2023)

ORDER. With the exception of the required monitoring and periodic reporting to the court that is detailed in the Consent Decree and Settlement (ECF Nos. 5, 2, 2-1), the court DIRECTS the Clerk to close this case. Signed by District Judge Rebecca Beach Smith on 9/29/23. Copies distributed as directed on 9/29/23.(jhie, ) (Entered: 09/29/2023)

MOTION to Seal by Hampton Roads Regional Jail Authority. (Rosen, Jeff) (Entered: 10/11/2023)

Memorandum in Support re 59 MOTION to Seal filed by Hampton Roads Regional Jail Authority. (Rosen, Jeff) (Entered: 10/11/2023)

Sealed Document re 59 MOTION to Seal, 60 Memorandum in Support. (Rosen, Jeff) (Entered: 10/11/2023)

Notice of Filing Sealing Motion LCvR5(C) by Hampton Roads Regional Jail Authority re 61 Sealed Document (Rosen, Jeff) (Entered: 10/11/2023)

RESPONSE to Motion re 59 MOTION to Seal in Non-Opposition filed by UNITED STATES OF AMERICA. (Wuerker, Clare) (Entered: 10/12/2023)

ORDER granting 59 Motion to Seal. The Clerk of Court is directed to seal Defendant's Exh A to Memorandum of Law in Support of Defendant's Motion to File Document Under Seal. The sealed document shall remain under seal and this Order shall be in effect from this time forth until 10/19/2023. Signed by District Judge Rebecca Beach Smith on 10/13/2023. (tameub, ) (Entered: 10/13/2023)

Letter from the Court to James C. Welch, Monitor. (Vpea) (Entered: 10/25/2023)

Letter to the Court from James C. Welch, Monitor. (Attachments: # 1 Sixth Monitoring Report, # 2 Agreement, # 3 Envelope)(Vpea) (Entered: 12/13/2023)

Letter from the Court to James C. Welch, Monitor. (Vpea) (Entered: 12/13/2023)

Response to 66 Letter Sixth Monitoring Report filed by UNITED STATES OF AMERICA. (Wuerker, Clare) (Entered: 01/12/2024)

Response to 66 Letter Sixth Monitoring Report filed by Hampton Roads Regional Jail Authority. (Rosen, Jeff) (Entered: 01/12/2024)

Letter from the Court to Counsel. (tameub, ) (Entered: 02/02/2024)

FINAL MONITORING REPORT by James C. Welch. (Attachments: # 1 Agreement, # 2 Envelope)(Vpea) (Entered: 06/04/2024)

Letter from the Court to James C. Welch, Monitor. (Vpea) (Entered: 06/04/2024)

Response to 71 Status Report Final Monitoring Report filed by UNITED STATES OF AMERICA. (Wuerker, Clare) (Entered: 06/26/2024)

Response to 71 Status Report Final Monitoring Report filed by Hampton Roads Regional Jail Authority. (Rosen, Jeff) (Entered: 06/28/2024)

Joint MOTION to Dismiss by UNITED STATES OF AMERICA. (Attachments: # 1 Proposed Order)(Wuerker, Clare) (Entered: 07/31/2024)

Memorandum in Support re 75 Joint MOTION to Dismiss filed by UNITED STATES OF AMERICA. (Wuerker, Clare) (Entered: 07/31/2024)

ORDER- Upon consideration of the Joint Motion to Dismiss 75, it is hereby ORDERED that this action is dismissed with prejudice. Signed by District Judge Rebecca Beach Smith on 7/31/2024. (Vpea) (Entered: 07/31/2024)