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

2:20-cv-00410 | U.S. District Court for the Eastern District of Virginia

Filed Date: Aug. 5, 2020

Closed Date: July 31, 2024

Clearinghouse coding complete

Case Summary

After a two-year investigation initiated in December 2016 under CRIPA and Title II of the Americans with Disabilities Act (ADA), the Department of Justice (DOJ) issued a Notice on December 19, 2018 concluding that the Hampton Roads Regional Jail Authority (“HRRJ”) failed to provide constitutionally adequate medical and mental health care to incarcerated peoples and placed people with serious mental illness in restrictive housing for prolonged periods of time. The DOJ also concluded that HRRJ’s …

In the Notice, the DOJ set forth factual findings about the conditions at HRRJ that violated incarcerated peoples’ constitutional rights. Principally, the DOJ found that medical and mental health care at HRRJ was constitutionally inadequate. In all stages of medical and mental health care (including patient intake, chronic care and emergency care, treatment and therapy, continuity of care, and security and care for suicidal persons), the quality of care and access to care was found to be severely deficient, subjecting patients to a serious risk of harm due to delays and lack of care. The DOJ also found a lack of oversight and accountability and a deliberate indifference by HRRJ officials in identifying and mitigating risks. Furthermore, HRRJ utilized prolonged restrictive housing which disparately affects incarcerated people with mental illnesses, thereby denying them access to activities and programming that they would otherwise be eligible for, and putting them at risk for serious harm. Officials at HRRJ knew of these substantial shortcomings and the associated risks and failed to take appropriate action.

On August 5, 2020, the DOJ filed this lawsuit against HRRJ in the U.S. District Court for the Eastern District of Virginia based on the findings in the December 2018 report and HRRJ’s subsequent failure to take sufficient remedial steps. The DOJ alleges that HRRJ’s policies and practices violated the Eighth and Fourteenth Amendment rights of people incarcerated in the facility. As a result, the DOJ asked Judge Rebecca Beach Smith to declare that HRRJ’s practices violated the constitutional rights of incarcerated persons and violated the ADA, and to enjoin HRRJ to take immediate action to amend its policies and practices to ensure lawful conditions of confinement.

By the time that the complaint was filed, the parties had already negotiated a settlement. On the same day as the complaint was filed, the parties filed a joint settlement motion. In the settlement agreement, HRRJ agreed to implement a comprehensive list of reforms including appropriate screening and assessment for medical and mental health needs by qualified professionals, adequate treatment planning for medical and mental health concerns, suicide prevention practices, specialized mental health housing units, oversight of restrictive housing placement, increased medical and mental health staff, increased training for staff, increased collaboration between mental health staff and jail leadership, and a Quality Assurance program to identify and correct deficiencies with the medical and mental health care system to be overseen by a Quality Assurance Committee providing monthly reports to the monitor and the DOJ.

The settlement agreement noted that HRRJ would designate an Agreement Coordinator to coordinate compliance with the agreement. HRRJ agreed to create annual Implementation Plans to describe how it will fulfill its obligations under the agreement, including deadlines within the first year by which HRRJ must draft or revise policies and procedures, complete a staffing plan, develop and deliver training to HRRJ staff, develop and implement a Quality Improvement Committee, and develop and implement monthly quality assurance mechanisms to report on data relevant to prevent to prevent or minimize harm to incarcerated persons.

A key provision of the settlement agreement was the mandatory appointment of an independent third-party monitor, to oversee HRRJ’s compliance with the agreement. The monitor was agreed to be retained for a period of three years and provide biannual status reports to the DOJ, HRRJ and the court. The monitor would also undertake compliance reviews, on-site inspections and issue monitor reports every six months to assess compliance and HRRJ’s progress on the various reform efforts. The reports will also be filed with the court. In the event of noncompliance with the agreement, the District Court for the Eastern District of Virginia retained jurisdiction to enforce the agreement at the request of the DOJ.

On August 31, 2020, the court approved the settlement agreement and subsequently, on September 10, 2020, the court approved the appointment of James Conrad Welch to be the third-party monitor. The settlement agreement was effective as of August 31, 2020.

By the terms of the agreement, HRRJ was to implement all provisions of the agreement within four years and the agreement would terminate in five years, so long as HRRJ attained substantial compliance with the agreement and maintained that compliance for at least one year. HRRJ had the burden to prove that it has achieved and maintained substantial compliance with the agreement and has been operating in accordance with the requirements of the ADA and the U.S. Constitution continuously for one year. After the closure of the facility on April 1, 2024, and the filing of the final monitor’s report on June 4, 2024, the parties filed a joint motion to dismiss the agreement on July 31, 2024. The court dismissed the agreement on the same day, and the case is now closed.

Summary Authors

Rebecca Fisher (9/16/2020)

Kyle O'Hara (8/2/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17418108/parties/united-states-v-hampton-roads-regional-jail-authority/

Judge(s)

Cowall, Laura Coon (District of Columbia)

Leonard, Lawrence Richard (Virginia)

Preston, Judy C. (District of Columbia)

Attorney for Plaintiff

Barr, William P. (District of Columbia)

Dreiband, Eric S. (District of Columbia)

Attorney for Defendant

Judge(s)

Cowall, Laura Coon (District of Columbia)

Leonard, Lawrence Richard (Virginia)

Preston, Judy C. (District of Columbia)

Smiddie, Kyle (District of Columbia)

Smith, Rebecca Beach (Virginia)

Attorney for Plaintiff

Barr, William P. (District of Columbia)

Dreiband, Eric S. (District of Columbia)

Rosenbaum, Steven H. (District of Columbia)

Terwilliger, G. Zachary (District of Columbia)

Wright, Alyssa B (Virginia)

Wuerker, Clare Patricia (Virginia)

Attorney for Defendant

Rosen, Jeff Wayne (Virginia)

Expert/Monitor/Master

Welch, James C. (Delaware)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

2:20-cv-00410	Docket [PACER] United States of America v. Hampton Roads	Sept. 10, 2020	Sept. 10, 2020 Docket
2:20-cv-00410	Investigation of the Hampton Roads Regional Jail (Portsmouth, Virginia)	Dec. 19, 2018	Dec. 19, 2018 Monitor/Expert/Receiver Report
1 2:20-cv-00410	Complaint United States of America v. Hampton Roads	Aug. 5, 2020	Aug. 5, 2020 Complaint
2-1 2:20-cv-00410	Agreement United States of America v. Hampton Roads	Aug. 5, 2020	Aug. 5, 2020 Settlement Agreement
5 2:20-cv-00410	Order Approving and Entering Consent Decree United States of America v. Hampton Roads Regional Jail Authority	Aug. 31, 2020	Aug. 31, 2020 Order/Opinion
8 2:20-cv-00410	Order Appointing Monitor United States of America v. Hampton Roads Regional Jail Authority	Sept. 10, 2020	Sept. 10, 2020 Order/Opinion
24-1 2:20-cv-00410	Second Monitoring Report	Dec. 1, 2021	Dec. 1, 2021 Monitor/Expert/Receiver Report
71 2:20-cv-00410	Hampton Roads Regional Jail Final Monitoring Report	June 4, 2024	June 4, 2024 Monitor/Expert/Receiver Report
75 2:20-cv-00410	Joint Motion to Dismiss	July 31, 2024	July 31, 2024 Pleading / Motion / Brief
76 2:20-cv-00410	Memorandum of Law in Support of Joint Motion to Dismiss	July 31, 2024	July 31, 2024 Justification Memo

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Resources

Resources related to this case
Title	Description		External URL Date / External URL
Hampton Roads Regional Jail Consent Decree Dismissed Following Jail Closure and Monitor’s Final Report Documenting Successes		July 31, 2024	July 31, 2024

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/17418108/united-states-v-hampton-roads-regional-jail-authority/

Last updated June 27, 2026, 6:23 a.m.

Docket for: United States v. Hampton Roads Regional Jail Authority

ECF Number	Date	Description	Link
1	Aug. 5, 2020	Complaint, filed by UNITED STATES OF AMERICA. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(Wuerker, Clare) (Entered: 08/05/2020) 1 Exhibit View on PACER 2 Civil Cover Sheet View on PACER	RECAP
2	Aug. 5, 2020	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 View on RECAP 2 Proposed Order View on PACER	RECAP
3	Aug. 5, 2020	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)	RECAP
	Aug. 5, 2020	Initial Case Assignment to District Judge Rebecca Beach Smith and Magistrate Judge Lawrence R. Leonard. (epri, )
4	Aug. 11, 2020	NOTICE of Appearance by Jeff Wayne Rosen on behalf of Hampton Roads Regional Jail Authority (Rosen, Jeff) (Entered: 08/11/2020)	RECAP
5	Aug. 31, 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)	RECAP
6	Sept. 9, 2020	Joint MOTION to Appoint a Monitor by UNITED STATES OF AMERICA. (Attachments: # 1 Proposed Order)(Wuerker, Clare) (Entered: 09/09/2020)	RECAP
7	Sept. 9, 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)	RECAP
8	Sept. 10, 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)	RECAP
9	Nov. 30, 2020	Baseline Monitoring Report by Court Appointed Monitor, James C. Welch. (tamarm, ) (Entered: 11/30/2020)	RECAP
11	Dec. 4, 2020	Letter from the Court to James C. Welch, Monitor. (tamarm, ) (Entered: 12/04/2020)	RECAP
12	May 3, 2021	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)	RECAP
13	May 6, 2021	Letter to the Court from James C. Welch, Monitor. (tamarm, ) (Entered: 05/07/2021)	RECAP
14	May 12, 2021	Letter from the Court to James C. Welch, Monitor. (afar) (Entered: 05/12/2021)	RECAP
15	May 18, 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)	RECAP
16	June 9, 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)	RECAP
17	June 9, 2021	Letter from the Court to James C. Welch, Monitor. (mrees, ) (Entered: 06/09/2021)	RECAP
18	June 17, 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)	RECAP
	June 21, 2021	Status Conference set for 7/23/2021 at 11:00 AM before District Judge Rebecca Beach Smith in Norfolk. (sche)
19	June 22, 2021	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)	RECAP
	June 22, 2021	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, )
20	June 23, 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)	RECAP
21	July 14, 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)	RECAP
22	July 23, 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)	RECAP
23	Sept. 21, 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)	RECAP
24	Dec. 1, 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 View on RECAP	RECAP
26	June 2, 2022	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)	RECAP
27	June 10, 2022	Letter from the Court to James C. Welch, Monitor. (afar) (Entered: 06/10/2022)	RECAP
30	Dec. 6, 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)	RECAP
31	Dec. 6, 2022	Letter from the Court to James C. Welch, Monitor. (afar) (Entered: 12/06/2022)	RECAP
	Dec. 9, 2022	Set Hearings: Status Conference set for 1/20/2023 at 12:00 PM in Norfolk before District Judge Rebecca Beach Smith. (tamarm, )
32	Dec. 15, 2022	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)	RECAP
	Dec. 16, 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, )
33	Dec. 20, 2022	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)	RECAP
34	Dec. 22, 2022	Response to 30 Letter Fourth Monitoring Report filed by UNITED STATES OF AMERICA. (Wuerker, Clare) (Entered: 12/22/2022)	RECAP
35	Jan. 4, 2023	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)	RECAP
36	Jan. 5, 2023	Response to 30 Letter filed by Hampton Roads Regional Jail Authority. (Rosen, Jeff) (Entered: 01/05/2023)	RECAP
37	Jan. 20, 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)	RECAP
38	Feb. 14, 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)	RECAP
39	June 1, 2023	MOTION to Seal Exhibit A to Fifth Monitor's Report by Hampton Roads Regional Jail Authority. (Rosen, Jeff) (Entered: 06/01/2023)	RECAP
40	June 1, 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)	RECAP
41	June 1, 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)	RECAP
42	June 1, 2023	Sealed Attachment/Exhibit(s) re 39 MOTION to Seal Exhibit A to Fifth Monitor's Report. (Rosen, Jeff) (Entered: 06/01/2023)	RECAP
43	June 7, 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)	RECAP
44	June 9, 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)	RECAP
45	June 9, 2023	Letter from the Court to James C. Welch, Monitor. (afar) (Entered: 06/09/2023)	RECAP
46	June 12, 2023	Letter of Correction re Doc 40. (Rosen, Jeff) (Entered: 06/12/2023)	RECAP
47	June 16, 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)	RECAP
48	June 16, 2023	Supplement to the Fifth Monitor's Report. (afar) (Entered: 06/16/2023)	RECAP
49	July 7, 2023	Response to Fifth Monitoring Report filed by Hampton Roads Regional Jail Authority. (Rosen, Jeff) (Entered: 07/07/2023)	RECAP
50	July 7, 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)	RECAP
51	July 7, 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)	RECAP
52	July 10, 2023	Response to 44 Letter the Fifth Monitoring Report filed by UNITED STATES OF AMERICA. (Wuerker, Clare) (Entered: 07/10/2023)	RECAP
53	July 21, 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)	RECAP
54	July 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)	RECAP
55	July 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)	RECAP
56	July 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)	RECAP
57	July 26, 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)	RECAP
58	Sept. 29, 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)	RECAP
59	Oct. 11, 2023	MOTION to Seal by Hampton Roads Regional Jail Authority. (Rosen, Jeff) (Entered: 10/11/2023)	RECAP
60	Oct. 11, 2023	Memorandum in Support re 59 MOTION to Seal filed by Hampton Roads Regional Jail Authority. (Rosen, Jeff) (Entered: 10/11/2023)	RECAP
61	Oct. 11, 2023	Sealed Document re 59 MOTION to Seal, 60 Memorandum in Support. (Rosen, Jeff) (Entered: 10/11/2023)	RECAP
62	Oct. 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)	RECAP
63	Oct. 12, 2023	RESPONSE to Motion re 59 MOTION to Seal in Non-Opposition filed by UNITED STATES OF AMERICA. (Wuerker, Clare) (Entered: 10/12/2023)	RECAP
64	Oct. 13, 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)	RECAP
65	Oct. 25, 2023	Letter from the Court to James C. Welch, Monitor. (Vpea) (Entered: 10/25/2023)	RECAP
66	Dec. 13, 2023	Letter to the Court from James C. Welch, Monitor. (Attachments: # 1 Sixth Monitoring Report, # 2 Agreement, # 3 Envelope)(Vpea) (Entered: 12/13/2023)	RECAP
67	Dec. 13, 2023	Letter from the Court to James C. Welch, Monitor. (Vpea) (Entered: 12/13/2023)	RECAP
68	Jan. 12, 2024	Response to 66 Letter Sixth Monitoring Report filed by UNITED STATES OF AMERICA. (Wuerker, Clare) (Entered: 01/12/2024)	RECAP
69	Jan. 12, 2024	Response to 66 Letter Sixth Monitoring Report filed by Hampton Roads Regional Jail Authority. (Rosen, Jeff) (Entered: 01/12/2024)	RECAP
70	Feb. 2, 2024	Letter from the Court to Counsel. (tameub, ) (Entered: 02/02/2024)	RECAP
71	June 4, 2024	FINAL MONITORING REPORT by James C. Welch. (Attachments: # 1 Agreement, # 2 Envelope)(Vpea) (Entered: 06/04/2024)	RECAP
72	June 4, 2024	Letter from the Court to James C. Welch, Monitor. (Vpea) (Entered: 06/04/2024)	RECAP
73	June 26, 2024	Response to 71 Status Report Final Monitoring Report filed by UNITED STATES OF AMERICA. (Wuerker, Clare) (Entered: 06/26/2024)	RECAP
74	June 28, 2024	Response to 71 Status Report Final Monitoring Report filed by Hampton Roads Regional Jail Authority. (Rosen, Jeff) (Entered: 06/28/2024)	RECAP
75	July 31, 2024	Joint MOTION to Dismiss by UNITED STATES OF AMERICA. (Attachments: # 1 Proposed Order)(Wuerker, Clare) (Entered: 07/31/2024)	RECAP
76	July 31, 2024	Memorandum in Support re 75 Joint MOTION to Dismiss filed by UNITED STATES OF AMERICA. (Wuerker, Clare) (Entered: 07/31/2024)	RECAP
77	July 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)	RECAP

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Case Details

State / Territory:

Virginia

Case Type(s):

Prison Conditions

Disability Rights

Healthcare Access and Reproductive Issues

Special Collection(s):

Multi-LexSum (in sample)

Post-PLRA enforceable consent decrees

Key Dates

Filing Date: Aug. 5, 2020

Closing Date: July 31, 2024

Case Ongoing: No

Plaintiffs

Plaintiff Description:

U.S. Department of Justice, Civil Rights Division

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Regional

Hampton Roads Regional Jail Authority

Defendant Type(s):

Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq.

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process: Substantive Due Process

Other Dockets:

Eastern District of Virginia 2:20-cv-00410

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Other requirements regarding hiring, promotion, retention

Reasonable Accommodation

Recordkeeping

Reporting

Training

Order Duration: 2020 - 2024

Issues

General/Misc.:

Access to public accommodations - governmental

Classification / placement

Conditions of confinement

Failure to train

Staff (number, training, qualifications, wages)

Disability and Disability Rights:

Mental Illness, Unspecified

Mental impairment

Reasonable Accommodations

Discrimination Area:

Accommodation / Leave

Medical Exam / Inquiry

Discrimination Basis:

Disability (inc. reasonable accommodations)

Jails, Prisons, Detention Centers, and Other Institutions:

Administrative segregation

Recreation / Exercise

Solitary confinement/Supermax (conditions or process)

Youth / Adult separation

Medical/Mental Health Care:

Medical care, general

Medical care, unspecified

Mental health care, general

Mental health care, unspecified

Suicide prevention

Policing:

Improper treatment of mentally ill suspects

Recommended Citation

Case Summary of U.S. v. Hampton Roads Regional Jail Authority, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/17762/ (last updated 8/2/2024).