Case: Smith v. Dewine

2:20-cv-02471 | U.S. District Court for the Southern District of Ohio

Filed Date: May 15, 2020

Closed Date: Dec. 3, 2020

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Case Summary

This putative class action lawsuit was filed on May 15, 2020 in the U.S. District Court for the Southern District of Ohio, Eastern Division. The suit was brought by four prisoners in the Ohio state prison system (two in the Marion Correctional Institute, one in the Allen Correctional Institute, and another in the Richland Correctional Institute). Represented by private counsel, they brought this suit against Governor Mike DeWine and Annette Chambers-Smith, the Director of the Ohio Department of…

The plaintiffs sued under federal law, 42 U.S.C. § 1983 and 28 U.S.C. §§ 2201-2202, and the Ohio Constitution, seeking relief based on deprivations of their Eighth and Sixth Amendment rights. The suit alleged that the Department had insufficient capacity to prevent and treat COVID-19 and the failure to implement preventative measures and appropriate medical care led to an exponential increase in infections across the state's prison system. They also alleged that the Department failed to institute a policy that would enable attorneys to effectively communicate with their clients while in-person visitation was suspended. The prisoners requested declaratory and injunctive relief, including release for a certain category of prisoners and adequate COVID-19 prevention, testing, and care, as well as attorneys' fees and costs. The prisoners alleged that as of May 2020, the Department has reported "that of 7,536 tests given, 4,439 have been positive... 59% of the tests given," and that 49 prisoners have died as a result of COVID-19 while in the custody of the Department. The case was assigned to Magistrate Judge Kimberly A. Jolson, and then later Judge Edmund A. Sargus.

On June 19, the prisoners filed a motion for a preliminary injunction to prohibit defendants from violating their constitutional rights by withholding protective measures and care necessary to protect their health.

On June 26 and June 30, both defendants independently filed motions to dismiss for failure to state a claim and lack of jurisdiction.

On August 3, Judge Sargus issued an opinion and order that denied the prisoners' motion for a preliminary injunction, granted the defendants' motion to dismiss in part as to the claims under state law and against the Governor, but allowed the constitutional claims to go forward against the Director of the Department. 2020 WL 4436362. Judge Sargus denied the motion for preliminary injunction because the evidence presented failed to show that the Department displayed deliberate indifference when responding to the risk. Defendants provided evidence "showing [they] reasonably sought to implement responsive actions to the spread of the virus in accordance with CDC guidelines." Judge Sargus also noted that the prisoners had failed to identify any ongoing litigation they were involved in that would implicate a Sixth Amendment right to counsel and also failed to provide substantial evidence of denial of access to counsel.

On November 13, the prisoners filed a notice of voluntary dismissal. The case was dismissed without prejudice on December 3, 2020.

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Summary Authors

Chandler Hart-McGonigle (11/27/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17168599/parties/smith-v-dewine/

Judge(s)

Jolson, Kimberly A (Ohio)

Attorney for Plaintiff

Kendall, Kimberly (Ohio)

Attorney for Defendant

Bradford, Tracy L (Ohio)

Holscher, Zachary M (Ohio)

Madden, Thomas E (Ohio)

Judge(s)

Jolson, Kimberly A (Ohio)

Sargus, Edmund A. Jr. (Ohio)

Attorney for Plaintiff

Kendall, Kimberly (Ohio)

Patituce, Megan Marie (Ohio)

Patituce, Joseph C (Ohio)

Attorney for Defendant

Bradford, Tracy L (Ohio)

Holscher, Zachary M (Ohio)

Madden, Thomas E (Ohio)

Pfeiffer, Julie M (Ohio)

Schneider, Charles Allen (Ohio)

Turner, Byron D (Ohio)

Walton, Michael Allan (Ohio)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
2:20-cv-02471	Docket [PACER] Smith v. DeWine	Dec. 3, 2020	Dec. 3, 2020 Docket
1 2:20-cv-02471	Complaint Smith v. DeWine	May 15, 2020	May 15, 2020 Complaint
13 2:20-cv-02471	Plaintiffs' Motion and Memorandum of Law in Support of Plaintiffs' Motion for Preliminary Injunction Smith v. DeWine	June 19, 2020	June 19, 2020 Pleading / Motion / Brief
40 2:20-cv-02471	Opinion and Order Smith v. DeWine	Aug. 3, 2020	Aug. 3, 2020 Order/Opinion 476 F.Supp.3d 635

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/17168599/smith-v-dewine/

Last updated Oct. 23, 2025, 5:49 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT with JURY DEMAND against All Defendants ( Filing fee $ 400 paid - receipt number: 0648-7468158), filed by Travis Williams, Ashunte Smith, Christopher Martin, Kaiqin Wang. (Attachments: # 1 Civil Cover Sheet Cover Sheet, # 2 Summons Form Summons, # 3 Summons Form Summons) (Patituce, Joseph) (Entered: 05/15/2020) 1 Civil Cover Sheet Cover Sheet View on PACER 2 Summons Form Summons View on PACER 3 Summons Form Summons View on PACER	May 15, 2020	May 15, 2020 RECAP
2	NOTICE OF NON-ISSUANCE OF SUMMONS. (daf) (Entered: 05/18/2020)	May 18, 2020	May 18, 2020
3	REQUEST for Issuance of Summons. (Patituce, Joseph) (Entered: 05/19/2020)	May 19, 2020	May 19, 2020
4	REQUEST for Issuance of Summons. (Patituce, Joseph) (Entered: 05/19/2020)	May 19, 2020	May 19, 2020
5	Notice by Clerk of Southern District of Ohio of Pro Hac Vice Rules as to Attorney Megan M. Patituce (daf) (Entered: 05/19/2020)	May 19, 2020	May 19, 2020
6	Summons Issued as to Annette Chambers-Smith, and Mike DeWine. (daf) (Entered: 05/20/2020)	May 20, 2020	May 20, 2020
7	CERTIFICATE of Mailing by Clerk. The Clerk of the United States District Court, Southern District of Ohio, mailed a copy of the Summons and Complaint via certified mail on May 29, 2020 to the following Defendants: Mike DeWine,Riffe Center, 30th floor, 77 South High Street, Columbus, Ohio 43215(7019 2970 0000 7294 2780) and Annette Chambers-Smith, ODRC,4545 Fisher Road, Ste D, Columbus, Ohio 43228(7019 2970 0000 7294 2773). (mdr) (Entered: 05/29/2020)	May 29, 2020	May 29, 2020
8	SUMMONS Returned Executed as to Defendant Mike DeWine. The Defendant was served on 6/3/2020, answer due 6/24/2020. (daf) (Entered: 06/09/2020)	June 8, 2020	June 8, 2020
9	SUMMONS Returned Executed as to Defendant Annette Chambers-Smith. The Defendant was served on 6/5/2020, answer due 6/26/2020. (daf) (Entered: 06/15/2020)	June 11, 2020	June 11, 2020
10	NOTICE of Appearance by Michael Allan Walton for Defendant Mike DeWine (Walton, Michael) (Entered: 06/16/2020)	June 16, 2020	June 16, 2020
11	NOTICE of Appearance by Zachary M. Holscher for Defendant Mike DeWine (Holscher, Zachary) (Entered: 06/16/2020)	June 16, 2020	June 16, 2020
12	NOTICE of Hearing: Pretrial Conference set for 7/16/2020 @ 1:45 PM before Magistrate Judge Kimberly A. Jolson. (jr) (Entered: 06/18/2020)	June 18, 2020	June 18, 2020
13	MOTION for Preliminary Injunction by Plaintiffs Christopher Martin, Ashunte Smith, Kaiqin Wang, Travis Williams. (Patituce, Joseph) (Entered: 06/19/2020)	June 19, 2020	June 19, 2020 RECAP
14	NOTICE of Appearance by Thomas E Madden for Defendant Annette Chambers-Smith (Madden, Thomas) (Entered: 06/22/2020)	June 22, 2020	June 22, 2020
15	NOTICE of Appearance by Megan Marie Patituce for Plaintiffs Christopher Martin, Ashunte Smith, Kaiqin Wang, Travis Williams (Patituce, Megan) (Entered: 06/22/2020)	June 22, 2020	June 22, 2020
16	NOTICE of Appearance by Tracy L Bradford for Defendant Annette Chambers-Smith (Bradford, Tracy) (Entered: 06/22/2020)	June 22, 2020	June 22, 2020
17	NOTICE of Hearing: Rule 65.1 Telephone Conference set for 6/23/2020 at 10:00 AM via Teleconference before Judge Edmund A. Sargus. (cmw) (Entered: 06/22/2020)	June 22, 2020	June 22, 2020
18	NOTICE of Appearance by Julie M Pfeiffer for Defendant Mike DeWine (Pfeiffer, Julie) (Entered: 06/23/2020)	June 23, 2020	June 23, 2020
19	Minute Entry for proceedings held before Judge Edmund A. Sargus: Rule 65.1 Telephone Conference held on 6/23/2020. (Court Reporter: Darla Coulter) (cmw) (Entered: 06/23/2020)	June 23, 2020	June 23, 2020
20	ORDER - Defendants Motion to Dismiss and Response to Plaintiffs Motion for Preliminary Injunction ECF No. 13 shall be submitted in seven (7) days. Plaintiffs Reply shall be submitted seven (7) days after Defendants file their Motions to Dismiss and Responses. Signed by Judge Edmund A. Sargus on 6/23/2020. (cmw) (Entered: 06/23/2020)	June 23, 2020	June 23, 2020
	NOTICE TERMINATING DEADLINES/HEARINGS	June 23, 2020	June 23, 2020
	NOTICE TERMINATING DEADLINES/HEARINGS - The Preliminary Pretrial Conference set for 7/16/20 is VACATED. (jr)	June 23, 2020	June 23, 2020
	Status Conference	June 23, 2020	June 23, 2020
	Notice Terminating Deadlines/Hearings	June 23, 2020	June 23, 2020
21	NOTICE of Appearance by Byron D. Turner for Defendant Annette Chambers-Smith (Turner, Byron) (Entered: 06/26/2020)	June 26, 2020	June 26, 2020
22	NOTICE of Appearance by Charles Allen Schneider for Defendant Annette Chambers-Smith (Schneider, Charles) (Entered: 06/26/2020)	June 26, 2020	June 26, 2020
23	MOTION to Dismiss by Defendant Annette Chambers-Smith. (Madden, Thomas) (Entered: 06/26/2020)	June 26, 2020	June 26, 2020 RECAP
24	MOTION for Extension of Time to File Response/Reply New date requested 7/6/2020. by Plaintiffs Christopher Martin, Ashunte Smith, Kaiqin Wang, Travis Williams. (Patituce, Joseph) (Entered: 06/26/2020)	June 26, 2020	June 26, 2020 RECAP
25	ORDER granting 24 Motion for Extension of Time to File Response/Reply. Plaintiffs shall file their response by July 6, 2020. Signed by Judge Edmund A. Sargus on 6/29/2020. (cmw) (Entered: 06/29/2020)	June 29, 2020	June 29, 2020
26	MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, MOTION to Dismiss for Lack of Jurisdiction Defendant Ohio Governor Mike Dewines Combined Motion To Dismiss And Memorandum In Opposition To Plaintiffs Motion For Preliminary Injunction ( Responses due by 7/21/2020) by Defendant Mike DeWine. (Walton, Michael) (Entered: 06/30/2020)	June 30, 2020	June 30, 2020
27	RESPONSE in Opposition re 13 MOTION for Preliminary Injunction filed by Defendant Annette Chambers-Smith. (Attachments: # 1 Exhibit A Declaration of Director Chambers-Smith, # 2 Exhibit B Declaration of Asst. Chief Inspector Riehle, # 3 Exhibit C Declaration of Eller, RN, # 4 Exhibit D Declaration of Rossi Azmoun, # 5 Exhibit E Declaration of Audrie Bender, # 6 Exhibit F Declaration of Christine Borkosky, # 7 Exhibit G Declaration of Michell Dunkle, # 8 Exhibit H Declaration of Joanna Factor, # 9 Exhibit I Declaration of Katherine Hamilton) (Madden, Thomas) (Entered: 06/30/2020)	June 30, 2020	June 30, 2020
28	MOTION for Extension of Time New date requested 7/1/2020. to file attachments to Director Chambers-Smith's Declaration by Defendant Annette Chambers-Smith. (Madden, Thomas) (Entered: 07/01/2020)	July 1, 2020	July 1, 2020
29	ORDER granting 28 Motion for Extension of Time. Signed by Judge Edmund A. Sargus on 7/1/2020. (cmw) (Entered: 07/01/2020)	July 1, 2020	July 1, 2020
30	MOTION for Leave to File manually, on disc, attachments to Exhibit A - Director Chamber-Smith's Declaration (Doc. 27-1) by Defendant Annette Chambers-Smith. (Attachments: # 1 Text of Proposed Order proposed Order) (Madden, Thomas) (Entered: 07/01/2020)	July 1, 2020	July 1, 2020
31	Second MOTION for Extension of Time New date requested 7/21/2020. by Plaintiffs Christopher Martin, Ashunte Smith, Kaiqin Wang, Travis Williams. (Patituce, Joseph) (Entered: 07/02/2020)	July 2, 2020	July 2, 2020 RECAP
32	NOTATION ORDER - For good cause shown, Defendant Chambers-Smith's Motion for Leave to Manually File (Doc. 30 ) is GRANTED, and counsel is permitted file the documents described in the motion manually with the Clerk's Office. Signed by Magistrate Judge Kimberly A. Jolson on 7/2/20. (jr) (Entered: 07/02/2020)	July 2, 2020	July 2, 2020
33	MOTION for Leave to File and substitute Exhibit G with attachments by Defendant Annette Chambers-Smith. (Attachments: # 1 Exhibit G - Michelle Dunkle's Declaration with attachments, # 2 Text of Proposed Order) (Madden, Thomas) (Entered: 07/02/2020)	July 2, 2020	July 2, 2020
	Remark	July 2, 2020	July 2, 2020
	***Clerk is in receipt of 4 disc concerning doc 27-1 from the Office of the Attorney General. (er)	July 2, 2020	July 2, 2020
	Order on Motion for Leave to File	July 2, 2020	July 2, 2020
34	ORDER Granting ECF No. 30 Plaintiffs Motion for Leave to File Attachments to Exhibits in Support of Its Response in Opposition. Signed by Judge Edmund A. Sargus on 7/6/2020. (cmw) (Entered: 07/06/2020)	July 6, 2020	July 6, 2020
35	ORDER granting 31 Plaintiffs Motion to Consolidate and Extend Filing Deadlines. Plaintiffs shall file their responses to the pending motions by July 14, 2020. Signed by Judge Edmund A. Sargus on 7/6/2020. (cmw) (Entered: 07/06/2020)	July 6, 2020	July 6, 2020
36	ORDER granting 33 Motion for Leave to File Attachments to Exhibit G in Support of Response in Opposition to Motion for Preliminary Injunction. Signed by Judge Edmund A. Sargus on 7/6/2020. (cmw) (Entered: 07/06/2020)	July 6, 2020	July 6, 2020
37	RESPONSE to Motion re 23 MOTION to Dismiss, 26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction Defendant Ohio Governor Mike Dewines Combined Motion To Dismiss And Memorandum In Opposition To Plaintiffs Motion For Preliminary Injunction filed by Plaintiffs Christopher Martin, Ashunte Smith, Kaiqin Wang, Travis Williams. (Attachments: # 1 Exhibit Declarations, # 2 Exhibit Reprieves, # 3 Exhibit Additional Documents, # 4 Affidavit McCort Affidavit, # 5 Affidavit Witchey Affidavit, # 6 Affidavit Corral Affidavit) (Patituce, Joseph) (Entered: 07/14/2020)	July 14, 2020	July 14, 2020
38	REPLY to Response to Motion re 26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction Defendant Ohio Governor Mike Dewines Combined Motion To Dismiss And Memorandum In Opposition To Plaintiffs Motion For Preliminary Injunction filed by Defendant Mike DeWine. (Walton, Michael) (Entered: 07/21/2020)	July 21, 2020	July 21, 2020
39	REPLY to Response to Motion re 23 MOTION to Dismiss filed by Defendant Annette Chambers-Smith. (Madden, Thomas) (Entered: 07/21/2020)	July 21, 2020	July 21, 2020
40	OPINION AND ORDER denying 13 Plaintiffs' Motion for Preliminary Injunction; granting in part and denying in part 23 Director's Motion to Dismiss and granting 26 The Governor's Motion to Dismiss. Governor Mike DeWine is terminated from this case. Signed by Judge Edmund A. Sargus on 8/3/2020. (cmw) (Entered: 08/03/2020)	Aug. 3, 2020	Aug. 3, 2020 RECAP
41	Unopposed MOTION for Extension of Time to File Answer re 1 Complaint, New date requested 8/24/2020. by Defendant Annette Chambers-Smith. (Madden, Thomas) (Entered: 08/14/2020)	Aug. 14, 2020	Aug. 14, 2020
42	NOTATION ORDER - Defendant Chambers-Smith's Unopposed Motion for Extension (Doc. 41 ) is GRANTED, and Defendant shall have until August 24, 2020, to respond to the Complaint. Signed by Magistrate Judge Kimberly A. Jolson on 8/17/20. (jr) (Entered: 08/17/2020)	Aug. 17, 2020	Aug. 17, 2020
	Order on Motion for Extension of Time to Answer	Aug. 17, 2020	Aug. 17, 2020
43	Defendant Chambers-Smith's ANSWER to 1 Complaint, filed by Annette Chambers-Smith. (Madden, Thomas) (Entered: 08/24/2020)	Aug. 24, 2020	Aug. 24, 2020
44	NOTICE of Voluntary Dismissal by Plaintiffs Christopher Martin, Ashunte Smith, Kaiqin Wang, Travis Williams (Patituce, Joseph) (Entered: 11/13/2020)	Nov. 13, 2020	Nov. 13, 2020
45	NOTATION ORDER - The notice of dismissal (Doc. 44 ) does not comply with this Court's Local Rules. Plaintiffs shall file a proper stipulation of dismissal within fourteen (14) days of the date of this Order. Signed by Magistrate Judge Kimberly A. Jolson on 11/17/20. (jr) (Entered: 11/17/2020)	Nov. 17, 2020	Nov. 17, 2020
	Order	Nov. 17, 2020	Nov. 17, 2020
46	NOTICE of Voluntary Dismissal by Plaintiffs Christopher Martin, Ashunte Smith, Kaiqin Wang, Travis Williams (Patituce, Joseph) (Entered: 11/30/2020)	Nov. 30, 2020	Nov. 30, 2020
47	RESPONSE re 46 NOTICE of Voluntary Dismissal filed by Defendant Annette Chambers-Smith. (Madden, Thomas) Modified on 12/3/2020 (jr). (Entered: 12/02/2020)	Dec. 2, 2020	Dec. 2, 2020
	***Civil Case Terminated. (jr)	Dec. 2, 2020	Dec. 2, 2020
48	ORDER - This case is DISMISSED WITHOUT PREJUDICE. Signed by Judge Edmund A. Sargus on 12/3/2020. (cmw) (Entered: 12/03/2020)	Dec. 3, 2020	Dec. 3, 2020
49	CLERK'S JUDGMENT. Signed by Deputy Clerk on 12/3/2020. (cmw) (Entered: 12/03/2020)	Dec. 3, 2020	Dec. 3, 2020
	Terminate Civil Case	Dec. 3, 2020	Dec. 3, 2020

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Case Details

State / Territory:

Ohio

Case Type(s):

Prison Conditions

Healthcare Access and Reproductive Issues

Special Collection(s):

COVID-19 (novel coronavirus)

Multi-LexSum (in sample)

Key Dates

Filing Date: May 15, 2020

Closing Date: Dec. 3, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The plaintiffs are four individuals currently incarcerated in three different prisons operated by the Ohio Department of Rehabilitation and Correction ("ODRC"). The putative class consists of "all prisoners currently or who will in the future be in the custody of ODRC and housed in an ODRC prison during the COVID-19 pandemic."

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

Ohio Department of Rehabilitation and Correction, State

Defendant Type(s):

Corrections

Jurisdiction-wide

Facility Type(s):