Civil Rights Litigation Clearinghouse

Case: Catchings v. Wilson

1:21-cv-00428 | U.S. District Court for the District of Maryland

Filed Date: Feb. 20, 2021

Closed Date: April 28, 2021

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Case Summary

COVID-19 Summary: This class action lawsuit was filed on February 20, 2021 by detainees in the Chesapeake Detention Facility in Baltimore, Maryland, who sought extra protections from COVID-19 and, in some cases, release. The parties settled the case in April 2021. This is a lawsuit challenging the Chesapeake Detention Facility's response to COVID-19 and requesting the release of detainees and prisoners. On February 20, 2021 16, 2020, eight named plaintiffs filed this class action lawsuit and ha…

This is a lawsuit challenging the Chesapeake Detention Facility's response to COVID-19 and requesting the release of detainees and prisoners. On February 20, 2021 16, 2020, eight named plaintiffs filed this class action lawsuit and habeas petition in the United States District Court for the District of Maryland. The plaintiffs sued the warden of the facility and the secretary of the Maryland Department of Public Safety and Correctional Services, which operates the facility, under 42 U.S.C. § 1983. They also petitioned the court for a writ of habeas corpus under 28 U.S.C. § 2241. Represented by the Lawyers' Committee for Civil Rights Under Law, as well as Bryan Cave, the plaintiffs sought to certify two classes, one of pretrial detainees and one of convicted prisoners, as well as a subclass of medically vulnerable pretrial detainees. They also requested injunctive relief to prevent the spread of COVID-19 in the facility, the release of members of the medically vulnerable pretrial subclass, and attorneys' fees. The plaintiffs claimed that their rights under the Fifth, Eighth, and Fourteenth Amendments were violated by the defendants' response to COVID-19.

The Chesapeake Detention Facility, located in Baltimore, is operated by the State of Maryland, but primarily houses people detained in connection with federal criminal cases on behalf of the United States Marshals Service. The plaintiffs allege that the defendants placed them at risk of contracting COVID-19 by moving individuals within units in the facility, inadequate cleaning and masking, and refusing to administer COVID-19 vaccines.

According to the complaint, the plaintiffs' rights under the Fifth, Fourteenth, and Eighth Amendments were violated by their exposure to COVID-19, the plaintiffs' placement in solitary confinement due to an indefinite lockdown, and the plaintiffs' inability to challenge their placement in solitary confinement. Additionally, the plaintiffs requested that the court issue writs of habeas corpus to release medically vulnerable pretrial detainees.

The case was assigned to United States District Judge T.S. Ellis. Two days after filing their complaint, on February 20, 2021, the plaintiffs moved for a temporary restraining order and the certification of a class. However, on March 15, 2021 Judge Ellis denied the motion for a temporary restraining order as moot, citing the parties' "significant points of agreement." Judge Ellis ordered the parties to submit joint statements outlining their agreements and disagreements.

On March 19, 2021, the parties submitted joint statements of agreement and disagreement. The defendants agreed to numerous safety measures, including testing all facility residents on a weekly basis and on arrival, prioritizing single occupancy cells for medically vulnerable residents, ensuring that residents were able to leave their cells for at least 2 hours a day when possible, cohorting residents to prevent the spread of COVID-19, offering vaccinations to eligible residents, and cleaning the facility. The defendants also agreed to produce documents demonstrating their compliance with the agreement to the plaintiffs and allow them to depose facility staff. The agreement allowed the court to resolve disputes between the the parties. However, the parties did have a number of disagreements about the practical mechanics of many provisions of the agreement, including cohorting, testing, solitary confinement, and transfer to other facilities.

On April 15, 2021, the parties filed a joint status report announcing that they had reached a settlement agreement. The agreement provided that defendants would continue to identify "high risk" residents upon admission to the facility, which includes residents with certain medical conditions and elderly residents. The agreement also provided that defendants would sanitize the cells of all quarantined residents following their removal to isolation and wait at least four hours until moving a new resident into the cell. Defendants agreed to immediately remove all residents who test positive for COVID-19 to an isolated environment with clean and safe living conditions, including provisions of sanitized clothing and mental health counseling. The agreement also provided for weekly COVID-19 testing and contract tracing, with close contacts also being quarantined for 14 days. Defendants also agreed to move all "high risk" residents in quarantine to single cells if possible and enhanced monitoring with quarantined residents with documented mental health conditions. The agreement also provided for a tiered quarantine system divided into four separate categories: quarantine for newly admitted residents, quarantine for close contacts of COVID-positive individuals, medical isolation for COVID-positive individuals, and general population. The defendants also agreed to spread out residents when possible.

Outside of COVID-testing and quarantining, the agreement also provided for guaranteed access to soap and vaccinations, with all residents and staff offered vaccination by May 1, 2021. The defendants also agreed to provide residents and staff up-to-date information on COVID-19 and agreed to provide disinfectants and hand sanitizer to residents on a daily basis, in addition to sanitizing common areas. The defendants also agreed to require proper mask-wearing and to provide at least two reusable masks to each resident upon admission unless they already possess at least two masks. The defendants agreed to produce detailed records for plaintiffs' counsel on a weekly basis regarding COVID-19 cases, testing, and the provision of disinfectants and personal protective equipment. Lastly, the defendants must allow experts designated by plaintiffs' counsel to inspect the facilities at least every 30 days.

On April 20, 2021, the parties filed a consent motion to certify the class for settlement purposes. The Court granted the motion on April 23, 2021, and certified the class for settlement purposes only. On April 28, the parties filed a consent motion to dismiss. The Court granted the motion the same day and approved the settlement agreement. The Court retained jurisdiction for enforcement of the settlement agreement.

The case is now closed.

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Summary Authors

Jonah Hudson-Erdman (3/24/2021)

Nicholas Gillan (9/26/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/59726382/parties/catchings-v-wilson/

Judge(s)

Ellis, Thomas Selby III (Virginia)

Nachmanoff, Michael Stefan (Virginia)

Attorneys(s) for Plaintiff

Ago, Arthur (District of Columbia)

Farr, Alec W (District of Columbia)

Fowler, John (District of Columbia)

Greenbaum, Jon M. (District of Columbia)

Mays, Tianna (District of Columbia)

Orren, Brett R (District of Columbia)

Schwartz, Daniel C. (District of Columbia)

Shaw, Adam L (District of Columbia)

Judge(s)

Ellis, Thomas Selby III (Virginia)

Nachmanoff, Michael Stefan (Virginia)

Attorneys(s) for Plaintiff

Ago, Arthur (District of Columbia)

Farr, Alec W (District of Columbia)

Fowler, John (District of Columbia)

Greenbaum, Jon M. (District of Columbia)

Mays, Tianna (District of Columbia)

Orren, Brett R (District of Columbia)

Schwartz, Daniel C. (District of Columbia)

Shaw, Adam L (District of Columbia)

Solomon, Joscelyn T (District of Columbia)

Swartz, Rochelle F (District of Columbia)

Attorneys(s) for Defendant

Bernhardt, Julia Doyle (Maryland)

Frosh, Brian E. (Maryland)

Lichterman, Ariel S (Maryland)

Mellady, Matthew W (Maryland)

Mullally, Laura (Maryland)

Nathan, Stuart M. (Maryland)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1:21-cv-00428	Docket [PACER]	Sept. 27, 2021	Sept. 27, 2021 Docket
1 1:21-cv-00428	Class Action Complaint for Declaratory and Injunctive Relief Under the Fifth/Fourteenth and Eighth Amendments to the U.S. Constitution and 42 U.S.C. § 1983, and Petition for Writs of Habeas Corpus Pursuant to 28 U.S.C. § 2241	Feb. 20, 2021	Feb. 20, 2021 Complaint
19-1 1:21-cv-00428	Memorandum in Support of Motion for Class Certification	Feb. 22, 2021	Feb. 22, 2021 Pleading / Motion / Brief
18-1 1:21-cv-00428	Memorandum in Support of Plaintiffs' Emergency Motion for Temporary Restraining Order and Preliminary Injunction	Feb. 22, 2021	Feb. 22, 2021 Pleading / Motion / Brief
49 1:21-cv-00428	Order	March 15, 2021	March 15, 2021 Order/Opinion
53 1:21-cv-00428	Plaintiffs' Status Report to the Court Regarding Disgreements with Defendants	March 19, 2021	March 19, 2021 Pleading / Motion / Brief
52-1 1:21-cv-00428	Agreement Between the Plaintiffs and Defendants	March 19, 2021	March 19, 2021 Settlement Agreement
70 1:21-cv-00428	Joint Status Report Regarding Executed Settlement Agreement	April 15, 2021	April 15, 2021 Pleading / Motion / Brief
70-1 1:21-cv-00428	Settlement Agreement and Release	April 15, 2021	April 15, 2021 Settlement Agreement
70-2 1:21-cv-00428	Terms Sheet	April 15, 2021	April 15, 2021 Other

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Resources

Title	Description		External URL Date / External URL

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/59726382/catchings-v-wilson/

Last updated June 8, 2022, 3:23 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against Robert L. Green, Calvin Wilson ( Filing fee $ 402 receipt number 0416-9120701.), filed by Taiwo Walter Moultrie, Collin Davis, Joseph Windsor Speed, Charles Couser, Howard Garrick Corneli Thomas, Sedric Tavon Catchings, Allen Lamin, Sirron Little. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit AA, # 17 Exhibit BB, # 18 Exhibit CC, # 19 Exhibit DD, # 20 Exhibit EE, # 21 Exhibit FF, # 22 Exhibit GG, # 23 Exhibit HH, # 24 Exhibit II, # 25 Exhibit JJ, # 26 Exhibit KK, # 27 Exhibit Meyer Expert Declaration with CV, # 28 Exhibit Franco-Paredes Expert Declaration with CV, # 29 Exhibit Haney Expert Declaration with CV, # 30 Summons to Defendant Wilson, # 31 Summons to Defendant Green)(Farr, Alec) (Entered: 02/20/2021)	Feb. 20, 2021	Feb. 20, 2021 RECAP
2	-SEALED - NOTICE of Filing Under Seal Res. Decl. B to Complaint by Sedric Tavon Catchings, Charles Couser, Collin Davis, Allen Lamin, Sirron Little, Taiwo Walter Moultrie, Joseph Windsor Speed, Howard Garrick Corneli Thomas re 1 Complaint,,,, (Attachments: # 1 Exhibit B - Unredacted)(Farr, Alec) (Entered: 02/20/2021)	Feb. 20, 2021	Feb. 20, 2021 PACER
3	-SEALED - NOTICE of Filing Under Seal Res. Decl. C to Complaint by Sedric Tavon Catchings, Charles Couser, Collin Davis, Allen Lamin, Sirron Little, Taiwo Walter Moultrie, Joseph Windsor Speed, Howard Garrick Corneli Thomas re 1 Complaint,,,, (Attachments: # 1 Exhibit C - Unredacted)(Farr, Alec) (Entered: 02/20/2021)	Feb. 20, 2021	Feb. 20, 2021 PACER
4	-SEALED - NOTICE of Filing Under Seal Res. Decl. D to Complaint by Sedric Tavon Catchings, Charles Couser, Collin Davis, Allen Lamin, Sirron Little, Taiwo Walter Moultrie, Joseph Windsor Speed, Howard Garrick Corneli Thomas re 1 Complaint,,,, (Attachments: # 1 Exhibit D - Unredacted)(Farr, Alec) (Entered: 02/20/2021)	Feb. 20, 2021	Feb. 20, 2021 PACER
5	-SEALED - NOTICE of Filing Under Seal Res. Decl. F to Complaint by Sedric Tavon Catchings, Charles Couser, Collin Davis, Allen Lamin, Sirron Little, Taiwo Walter Moultrie, Joseph Windsor Speed, Howard Garrick Corneli Thomas re 1 Complaint,,,, (Attachments: # 1 Exhibit F - Unredacted)(Farr, Alec) (Entered: 02/20/2021)	Feb. 20, 2021	Feb. 20, 2021 PACER
6	-SEALED - NOTICE of Filing Under Seal Res. Decl. G to Complaint by Sedric Tavon Catchings, Charles Couser, Collin Davis, Allen Lamin, Sirron Little, Taiwo Walter Moultrie, Joseph Windsor Speed, Howard Garrick Corneli Thomas re 1 Complaint,,,, (Attachments: # 1 Exhibit G - Unredacted)(Farr, Alec) (Entered: 02/20/2021)	Feb. 20, 2021	Feb. 20, 2021 PACER
7	-SEALED - NOTICE of Filing Under Seal Res. Decl. H to Complaint by Sedric Tavon Catchings, Charles Couser, Collin Davis, Allen Lamin, Sirron Little, Taiwo Walter Moultrie, Joseph Windsor Speed, Howard Garrick Corneli Thomas re 1 Complaint,,,, (Attachments: # 1 Exhibit H - Unredacted)(Farr, Alec) (Entered: 02/20/2021)	Feb. 20, 2021	Feb. 20, 2021 PACER
8	-SEALED - NOTICE of Filing Under Seal Res. Decl. J to Complaint by Sedric Tavon Catchings, Charles Couser, Collin Davis, Allen Lamin, Sirron Little, Taiwo Walter Moultrie, Joseph Windsor Speed, Howard Garrick Corneli Thomas re 1 Complaint,,,, (Attachments: # 1 Exhibit J - Unredacted)(Farr, Alec) (Entered: 02/20/2021)	Feb. 20, 2021	Feb. 20, 2021 PACER
9	-SEALED - NOTICE of Filing Under Seal Res. Decl. L to Complaint by Sedric Tavon Catchings, Charles Couser, Collin Davis, Allen Lamin, Sirron Little, Taiwo Walter Moultrie, Joseph Windsor Speed, Howard Garrick Corneli Thomas re 1 Complaint,,,, (Attachments: # 1 Exhibit L - Unredacted)(Farr, Alec) (Entered: 02/20/2021)	Feb. 20, 2021	Feb. 20, 2021 PACER
10	-SEALED - NOTICE of Filing Under Seal Res. Decl. N to Complaint by Sedric Tavon Catchings, Charles Couser, Collin Davis, Allen Lamin, Sirron Little, Taiwo Walter Moultrie, Joseph Windsor Speed, Howard Garrick Corneli Thomas re 1 Complaint,,,, (Attachments: # 1 Exhibit N - Unredacted)(Farr, Alec) (Entered: 02/20/2021)	Feb. 20, 2021	Feb. 20, 2021 PACER
11	MOTION to Seal by Sedric Tavon Catchings, Charles Couser, Collin Davis, Allen Lamin, Sirron Little, Taiwo Walter Moultrie, Joseph Windsor Speed, Howard Garrick Corneli Thomas (Attachments: # 1 Text of Proposed Order)(Farr, Alec) (Entered: 02/20/2021)	Feb. 20, 2021	Feb. 20, 2021 PACER
12	NOTICE by Sedric Tavon Catchings, Charles Couser, Collin Davis, Allen Lamin, Sirron Little, Taiwo Walter Moultrie, Joseph Windsor Speed, Howard Garrick Corneli Thomas re 1 Complaint,,,, for the Clerk to Issue Corrected Summonses (Attachments: # 1 Summons Corrected Proposed Summons to Defendant Wilson, # 2 Summons Corrected Proposed Summons to Defendant Green)(Farr, Alec) (Entered: 02/21/2021)	Feb. 21, 2021	Feb. 21, 2021 PACER
13	MOTION to Appear Pro Hac Vice for Rochelle F. Swartz (Filing fee $100, receipt number 0416-9120781.) by Sedric Tavon Catchings(Mays, Tianna) (Entered: 02/21/2021)	Feb. 21, 2021	Feb. 21, 2021 PACER
14	MOTION to Appear Pro Hac Vice for John Fowler (Filing fee $100, receipt number 0416-9120782.) by Sedric Tavon Catchings(Mays, Tianna) (Entered: 02/21/2021)	Feb. 21, 2021	Feb. 21, 2021 PACER
15	MOTION to Appear Pro Hac Vice for Arthur Ago (Filing fee $100, receipt number 0416-9120783.) by Sedric Tavon Catchings(Mays, Tianna) (Entered: 02/21/2021)	Feb. 21, 2021	Feb. 21, 2021 PACER
16	MOTION to Appear Pro Hac Vice for Jon Greenbaum (Filing fee $100, receipt number 0416-9120784.) by Sedric Tavon Catchings(Mays, Tianna) (Entered: 02/21/2021)	Feb. 21, 2021	Feb. 21, 2021 PACER
17	ORDER regarding potential conflict which requires recusal. Signed by Judge George Levi Russell, III on 2/22/2021. (krs, Deputy Clerk) (Entered: 02/22/2021)	Feb. 22, 2021	Feb. 22, 2021 PACER
	Case reassigned to Judge Catherine C. Blake. Judge George Levi Russell, III no longer assigned to the case. (cags, Deputy Clerk)	Feb. 22, 2021	Feb. 22, 2021 PACER
	Case reassigned to Judge T. S. Ellis. Judge Catherine C. Blake no longer assigned to the case. (cags, Deputy Clerk)	Feb. 22, 2021	Feb. 22, 2021 PACER
18	Emergency MOTION for Temporary Restraining Order and, MOTION for Preliminary Injunction by Sedric Tavon Catchings, Charles Couser, Collin Davis, Allen Lamin, Sirron Little, Taiwo Walter Moultrie, Joseph Windsor Speed, Howard Garrick Corneli Thomas (Attachments: # 1 Memorandum in Support, # 2 Exhibit List, # 3 Text of Proposed Order)(Farr, Alec) (Entered: 02/22/2021) 1 Memorandum in Support View on RECAP 2 Exhibit List View on PACER 3 Text of Proposed Order View on PACER	Feb. 22, 2021	Feb. 22, 2021 PACER
19	MOTION to Certify Class by Sedric Tavon Catchings, Charles Couser, Collin Davis, Allen Lamin, Sirron Little, Taiwo Walter Moultrie, Joseph Windsor Speed, Howard Garrick Corneli Thomas (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1, # 3 Exhibit List, # 4 Text of Proposed Order)(Farr, Alec) (Entered: 02/22/2021) 1 View on RECAP	Feb. 22, 2021	Feb. 22, 2021 PACER
20	Summons Issued 21 days as to Robert L. Green, Calvin Wilson.(jb5, Deputy Clerk) (Entered: 02/23/2021)	Feb. 23, 2021	Feb. 23, 2021 PACER
21	PAPERLESS ORDER granting 13 Motion to Appear Pro Hac Vice on behalf of Rochelle F Swartz. Directing attorney Rochelle F Swartz to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 2/23/2021. (srds, Deputy Clerk) (Entered: 02/23/2021)	Feb. 23, 2021	Feb. 23, 2021 PACER
22	PAPERLESS ORDER granting 14 Motion to Appear Pro Hac Vice on behalf of John Fowler. Directing attorney John Fowler to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 2/23/2021. (srds, Deputy Clerk) (Entered: 02/23/2021)	Feb. 23, 2021	Feb. 23, 2021 PACER
23	PAPERLESS ORDER granting 15 Motion to Appear Pro Hac Vice on behalf of Arthur Ago. Directing attorney Arthur Ago to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 2/23/2021. (srds, Deputy Clerk) (Entered: 02/23/2021)	Feb. 23, 2021	Feb. 23, 2021 PACER
24	PAPERLESS ORDER granting 16 Motion to Appear Pro Hac Vice on behalf of Jon Marshall Greenbaum. Directing attorney Jon Marshall Greenbaum to use the attorney's existing CM/ECF login and password previously issued in this Court. The account password can be reset at http://www.mdd.uscourts.gov/electronic-case-filing-password-reset. Signed by Clerk on 2/23/2021. (srds, Deputy Clerk) (Entered: 02/23/2021)	Feb. 23, 2021	Feb. 23, 2021 PACER
	NOTICE of Hearing: Status Conference set for 2/26/2021 at 01:00 PM in Alexandria Courtroom 900 before District Judge T. S. Ellis. (tr2)	Feb. 24, 2021	Feb. 24, 2021 PACER
25	NOTICE of Appearance by Laura Mullally on behalf of Robert L. Green, Calvin Wilson (Mullally, Laura) (Entered: 02/24/2021)	Feb. 24, 2021	Feb. 24, 2021 PACER
26	MOTION to Appear Pro Hac Vice for Daniel C. Schwartz (Filing fee $100, receipt number 0416-9127887.) by Sedric Catchings, Charles Couser, Collin Davis, Allen Lamin, Sirron Little, Taiwo Moultrie, Joseph Speed, Howard Thomas(Farr, Alec) (Entered: 02/24/2021)	Feb. 24, 2021	Feb. 24, 2021 PACER
27	MOTION to Appear Pro Hac Vice for Adam L. Shaw (Filing fee $100, receipt number 0416-9127888.) by Sedric Catchings, Charles Couser, Collin Davis, Allen Lamin, Sirron Little, Taiwo Moultrie, Joseph Speed, Howard Thomas(Farr, Alec) (Entered: 02/24/2021)	Feb. 24, 2021	Feb. 24, 2021 PACER
28	MOTION to Appear Pro Hac Vice for Brett R. Orren (Filing fee $100, receipt number 0416-9127889.) by Sedric Catchings, Charles Couser, Collin Davis, Allen Lamin, Sirron Little, Taiwo Moultrie, Joseph Speed, Howard Thomas(Farr, Alec) (Entered: 02/24/2021)	Feb. 24, 2021	Feb. 24, 2021 PACER
29	PAPERLESS ORDER granting 26 Motion to Appear Pro Hac Vice on behalf of Daniel Schwartz. Directing attorney Daniel Schwartz to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 2/25/2021. (srds, Deputy Clerk) (Entered: 02/25/2021)	Feb. 25, 2021	Feb. 25, 2021 PACER
30	Joint MOTION for Order Regarding Inspection Protocol by Sedric Catchings, Charles Couser, Collin Davis, Allen Lamin, Sirron Little, Taiwo Moultrie, Joseph Speed, Howard Thomas (Attachments: # 1 Text of Proposed Order Regarding Inspection Protocol, # 2 Exhibit Homer Venters CV)(Fowler, John) (Entered: 02/25/2021)	Feb. 25, 2021	Feb. 25, 2021 PACER
31	PAPERLESS ORDER granting 27 Motion to Appear Pro Hac Vice on behalf of Adam L Shaw. Directing attorney Adam L Shaw to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 2/25/2021. (srds, Deputy Clerk) (Entered: 02/25/2021)	Feb. 25, 2021	Feb. 25, 2021 PACER
32	NOTICE of Appearance by Ariel S. Lichterman on behalf of Robert L. Green, Calvin Wilson (Lichterman, Ariel) (Entered: 02/25/2021)	Feb. 25, 2021	Feb. 25, 2021 PACER
33	NOTICE of Appearance by Matthew W Mellady on behalf of All Defendants (Mellady, Matthew) (Entered: 02/25/2021)	Feb. 25, 2021	Feb. 25, 2021 PACER
34	Joint MOTION for Order Regarding Production of Certain Documents and Information and Adherence to Certain Policies by Sedric Catchings, Charles Couser, Collin Davis, Allen Lamin, Sirron Little, Taiwo Moultrie, Joseph Speed, Howard Thomas (Attachments: # 1 Text of Proposed Order Regarding Production of Certain Documents and Information and Adherence to Certain Policies)(Fowler, John) (Entered: 02/25/2021)	Feb. 25, 2021	Feb. 25, 2021 PACER
35	PAPERLESS ORDER denying 28 Motion for Pro Hac Vice on the basis that the proposed admittee is a Maryland barred attorney. Under Local Rule 101.1.b.v, "[a]n attorney, who is an active member of the Maryland Bar or maintains any law office in Maryland, is ineligible for admission pro hac vice." Please visit https://www.mdd.uscourts.gov/admission-information for more information on full admission to the bar of this Court. Signed by Clerk on 2/26/2021. (srd, Deputy Clerk) (Entered: 02/26/2021)	Feb. 26, 2021	Feb. 26, 2021 PACER
36	Status Conference held on 2/26/2021 before Judge T. S. Ellis.(Court Reporter: Patricia Kaneshira-Miller) (chs, Deputy Clerk) (Entered: 02/26/2021)	Feb. 26, 2021	Feb. 26, 2021 PACER
	NOTICE of Hearing:Status Conference set for Friday March 12, 2021 2:00 p.m. in Courtroom 900, 401 Courthouse Square, Alexandria, VA 22314 before Judge T. S. Ellis. (chs, Deputy Clerk)	Feb. 26, 2021	Feb. 26, 2021 PACER
37	ORDER directing parties to appear for in-person status conference on 3/12/2021 at 2:00 p.m. Signed by Judge T. S. Ellis on 3/1/2021. (krs, Deputy Clerk) (Entered: 03/01/2021)	March 1, 2021	March 1, 2021 PACER
38	ORDER Directing Defendants to invite to the March 12, 2021 status conference (1) the Secretary of the Maryland Department of Public Safety and Correctional Services, or his senior representative, and (2) the Director of the Federal Bureau of Prisons, or a senior representative from the Department of Justice. Signed by Judge T. S. Ellis on 3/1/2021 (cags, Deputy Clerk) (Entered: 03/01/2021)	March 1, 2021	March 1, 2021 PACER
39	ORDER directing defendant to invite the U.S. Marshal for the District of Maryland, or his senior representative to the 3/12/2021 status conference and to file promptly, on or before 3/9/2021 at 5:00 p.m., the lease arrangements with the Office of Federal Detention Trustee, United States Department of Justice, on behalf of the U.S. Marshals. Signed by Judge T. S. Ellis on 3/4/2021. (krs, Deputy Clerk) (Entered: 03/05/2021)	March 5, 2021	March 5, 2021 PACER
40	ORDER REFERRING CASE to Magistrate Judge Michael S Nachmanoff for all Discovery. Signed by Judge T. S. Ellis on 3/5/2021. (cags, Deputy Clerk) (Entered: 03/05/2021)	March 5, 2021	March 5, 2021 PACER
41	[FILED IN ERROR - per counsel] RESPONSE re 39 Order, filed by Robert L. Green, Calvin Wilson. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Mullally, Laura) Modified on 3/9/2021 (krs, Deputy Clerk). (Entered: 03/08/2021)	March 8, 2021	March 8, 2021 PACER
42	Joint MOTION for Extension of Time for Motions to be Considered at Status Conference of March 12, 2021, by Sedric Catchings, Charles Couser, Collin Davis, Allen Lamin, Sirron Little, Taiwo Moultrie, Joseph Speed, Howard Thomas (Attachments: # 1 Text of Proposed Order)(Fowler, John) (Entered: 03/09/2021)	March 9, 2021	March 9, 2021 PACER
43	ORDER granting 42 Parties' Joint Motion to Extend Deadline for Motions to beConsidered at Status Conference of 3/12/2021. The deadline for such motions is extended to 5 p.m. on 3/10/2021. Signed by Judge T. S. Ellis on 3/9/2021. (krs, Deputy Clerk) (Entered: 03/09/2021)	March 9, 2021	March 9, 2021 PACER
44	Consent MOTION for Extension of Time to File Response/Reply by Robert L. Green, Calvin Wilson. (Attachments: # 1 Text of Proposed Order)(Mullally, Laura) (Entered: 03/09/2021)	March 9, 2021	March 9, 2021 PACER
45	Status Report Submitted in Advance of Status Conference of March 12, 2021, by Sedric Catchings, Charles Couser, Collin Davis, Allen Lamin, Sirron Little, Taiwo Moultrie, Joseph Speed, Howard Thomas (Fowler, John) (Entered: 03/10/2021)	March 10, 2021	March 10, 2021 PACER
	NOTICE of Hearing: Status Conference reset for 3/12/2021 at 01:00 PM in Courtroom 900, 401 Courthouse Square, Alexandria, VA 22314 before District Judge T. S. Ellis III. (tr2)	March 10, 2021	March 10, 2021 PACER
46	Status Report Submitted in response to status report of plaintiffs by Robert L. Green, Calvin Wilson (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Mullally, Laura) (Entered: 03/11/2021)	March 11, 2021	March 11, 2021 PACER
47	Correspondence re: in response to court's order to file lease agreement (Attachments: # 1 Exhibit A - redacted, # 2 Exhibit B - redacted)(Mullally, Laura) (Entered: 03/11/2021)	March 11, 2021	March 11, 2021 PACER
48	Status Conference held on 3/12/2021 before Judge T. S. Ellis.(Court Reporter: Patricia Kaneshiro-Miller) (chs, Deputy Clerk) (Entered: 03/12/2021)	March 12, 2021	March 12, 2021 PACER
	NOTICE of Hearing: Class Certification and Status Conference set for April 16, 2021 at 10:00 AM before Judge T. S. Ellis, in Courtroom 900, Alexandria, VA. (chs, Deputy Clerk)	March 12, 2021	March 12, 2021 PACER
49	ORDER denying as moot 18 Motion for Temporary Restraining Order and 44 Motion for Extension of Time to File Response to the Motion for Temporary Restraining Order. Signed by Judge T. S. Ellis on 3/15/2021. (krs, Deputy Clerk) (Entered: 03/15/2021)	March 15, 2021	March 15, 2021 RECAP
	AMENDED NOTICE of Hearing (Time Change): Status Conference and Hearing on Motion set for April 16, 2021 1:00 PM in Courtroom 900, 401 Courthouse Square, Alexandria, VA 22314 before Judge T. S. Ellis. (chs, Deputy Clerk)	March 16, 2021	March 16, 2021 PACER
	NOTICE of Hearing:Hearing on Merits and Preliminary Injunction set for Wednesday June 2, Thursday June 3, and Friday June 4, 2021 at 10:00 AM in Courtroom 900, 401 Courthouse Square, Alexandria, VA 22314 before Judge T. S. Ellis. (chs, Deputy Clerk)	March 16, 2021	March 16, 2021 PACER
50	Status Report Submitted with Agreement between Plaintiffs and Defendants by Sedric Catchings, Charles Couser, Collin Davis, Allen Lamin, Sirron Little, Taiwo Moultrie, Joseph Speed, Howard Thomas (Attachments: # 1 Attachment Agreement between Plaintiffs and Defendants)(Fowler, John) (Entered: 03/17/2021)	March 17, 2021	March 17, 2021 PACER
51	MOTION for Summary Judgment or to dismiss by Robert L. Green, Calvin Wilson. (Attachments: # 1 Memorandum in Support, # 2 Appendix index of exhibits, # 3 Exhibit 1, # 4 Exhibit A to Exhibit 1, # 5 Exhibit B to Exhibit `, # 6 Exhibit C to Exhibit 1, # 7 Exhibit D to Exhibit 1, # 8 Exhibit E to Exhibit 1, # 9 Exhibit F to Exhibit 1, # 10 Exhibit G to Exhibit 1, # 11 Exhibit H to Exhibit 1, # 12 Exhibit I to Exhibit 1, # 13 Exhibit J to Exhibit 1, # 14 Exhibit K to Exhibit 1, # 15 Exhibit L to Exhibit 1, # 16 Exhibit M to Exhibit 1, # 17 Exhibit N to Exhibit 1, # 18 Exhibit O to Exhibit 1, # 19 Exhibit P to Exhibit 1, # 20 Exhibit Q to Exhibit 1, # 21 Exhibit R to Exhibit 1, # 22 Exhibit S to Exhibit 1, # 23 Exhibit T to Exhibit 1, # 24 Exhibit U to Exhibit 1, # 25 Text of Proposed Order)(Mullally, Laura) (Entered: 03/19/2021)	March 19, 2021	March 19, 2021 PACER
52	Status Report Submitted re Signed Agreement between Plaintiffs and Defendants by Sedric Catchings, Charles Couser, Collin Davis, Allen Lamin, Sirron Little, Taiwo Moultrie, Joseph Speed, Howard Thomas (Attachments: # 1 Attachment Signed Agreement between Plaintiffs and Defendants)(Fowler, John) (Entered: 03/19/2021) 1 Attachment Signed Agreement between Plaintiffs and Defendants View on RECAP	March 19, 2021	March 19, 2021 PACER
53	Status Report Submitted re Continuing Disagreements with Defendants by Sedric Catchings, Charles Couser, Collin Davis, Allen Lamin, Sirron Little, Taiwo Moultrie, Joseph Speed, Howard Thomas (Attachments: # 1 Exhibit DPSCS Protocol on Contract Tracing)(Fowler, John) (Entered: 03/19/2021) 1 Exhibit DPSCS Protocol on Contract Tracing View on PACER	March 19, 2021	March 19, 2021 RECAP
54	ORDER setting the schedule for the parties' submissions regarding the consolidated merits/preliminary injunction hearing. Signed by Judge T. S. Ellis on 3/23/2021. (krs, Deputy Clerk) (Entered: 03/23/2021)	March 23, 2021	March 23, 2021 PACER
55	Joint MOTION for Extension of Time to File Response/Reply as to 51 MOTION for Summary Judgment or to dismiss by Sedric Catchings, Charles Couser, Collin Davis, Allen Lamin, Sirron Little, Taiwo Moultrie, Joseph Speed, Howard Thomas (Attachments: # 1 Text of Proposed Order re Joint Motion)(Fowler, John) (Entered: 03/24/2021)	March 24, 2021	March 24, 2021 PACER
56	Supplemental to 19 MOTION to Certify Class filed by Sedric Catchings, Charles Couser, Collin Davis, Allen Lamin, Sirron Little, Taiwo Moultrie, Joseph Speed, Howard Thomas (Supplemental Brief) (Shaw, Adam) (Entered: 03/24/2021)	March 24, 2021	March 24, 2021 PACER
57	ORDER granting 55 Joint Motion to Extend Deadlines for Briefing on Defendants' Motion to Dismiss or, in the Alternative, for Summary Judgment. Signed by Judge T. S. Ellis. (bmhs, Deputy Clerk) (Entered: 03/26/2021)	March 26, 2021	March 26, 2021 PACER
58	ORDER scheduling a hearing and directing all current and potential parties to attend; and scheduling a settlement conference. Signed by Judge T. S. Ellis on 3/26/2021. (c/m 3/26/21 bmhs, Deputy Clerk) (Entered: 03/26/2021)	March 26, 2021	March 26, 2021 PACER
59	Correspondence re: Interests of the United States (Phelps, Matthew) (Entered: 03/31/2021)	March 31, 2021	March 31, 2021 PACER
60	RESPONSE re 58 Order re Courts Sua Sponte Suggestion of Adding Federal Parties to this Litigation filed by Sedric Catchings, Charles Couser, Collin Davis, Allen Lamin, Sirron Little, Taiwo Moultrie, Joseph Speed, Howard Thomas.(Farr, Alec) (Entered: 03/31/2021)	March 31, 2021	March 31, 2021 PACER
61	Correspondence re: court's order of March 26, 2021 (Attachments: # 1 Exhibit A)(Mullally, Laura) (Entered: 03/31/2021)	March 31, 2021	March 31, 2021 PACER
	NOTICE of Hearing:Hearing scheduled for 4/2/2021 01:00 p.m. in Courtroom 900, 401 Courthouse Square, Alexandria, VA 22314 before Judge T. S. Ellis. (chs, Deputy Clerk)	April 1, 2021	April 1, 2021 PACER
62	RESPONSE in Opposition re 19 MOTION to Certify Class filed by Robert L. Green, Calvin Wilson.(Lichterman, Ariel) (Entered: 04/02/2021)	April 2, 2021	April 2, 2021 PACER
63	MOTION to Compel Production by Sedric Catchings, Charles Couser, Collin Davis, Allen Lamin, Sirron Little, Taiwo Moultrie, Joseph Speed, Howard Thomas (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Exhibit B, # 4 Text of Proposed Order)(Farr, Alec) (Entered: 04/02/2021)	April 2, 2021	April 2, 2021 PACER
64	NOTICE of Hearing: Discovery Hearing set for 4/9/2021 10:00 AM before Magistrate Judge Michael S Nachmanoff. (Farr, Alec) (Entered: 04/02/2021)	April 2, 2021	April 2, 2021 PACER
66	Status Conference held on 4/2/2021 before Judge T. S. Ellis.(Court Reporter: Patricia Kaneshiro-Miller) (chs, Deputy Clerk) (Entered: 04/06/2021)	April 2, 2021	April 2, 2021 PACER
65	ORDER directing Plaintiffs to file a response to Defendants' Motion for Summary Judgment on or before 4/28/2021 at 5:00 p.m. Signed by Judge T. S. Ellis on 4/5/2021. (krs, Deputy Clerk) (Entered: 04/05/2021)	April 5, 2021	April 5, 2021 PACER
67	Settlement Conference held on 4/6/2021 before Magistrate Judge Michael S Nachmanoff. (chs, Deputy Clerk) (Entered: 04/06/2021)	April 6, 2021	April 6, 2021 PACER
68	ORDER continuing the oral argument on plaintiffs' motion to compel; setting hearing for 4/16/2021 at 10:00 a.m.; continuing the oral argument on plaintiffs' motion for class certification; setting hearing for 4/23/2021 at 10:00 a.m. Signed by Magistrate Judge Michael S Nachmanoff on 4/6/2021. (krs, Deputy Clerk) (Entered: 04/06/2021)	April 6, 2021	April 6, 2021 PACER
69	RESPONSE in Opposition re 63 MOTION to Compel Production filed by Robert L. Green, Calvin Wilson. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Mullally, Laura) (Entered: 04/14/2021)	April 14, 2021	April 14, 2021 PACER
70	STATUS REPORT (JOINT) REGARDING EXECUTED SETTLEMENT AGREEMENT by Sedric Catchings, Charles Couser, Collin Davis, Allen Lamin, Sirron Little, Taiwo Moultrie, Joseph Speed, Howard Thomas (Attachments: # 1 Exhibit A - Settlement Agreement, # 2 Exhibit B - Terms Sheet)(Farr, Alec) (Entered: 04/15/2021) 1 Exhibit A - Settlement Agreement View on RECAP 2 Exhibit B - Terms Sheet View on RECAP	April 15, 2021	April 15, 2021 RECAP
71	Joint MOTION to Vacate 68 Order, 54 Order, 49 Order on Motion for Extension of Time to File Response/Reply, Order on Motion for TRO, Order on Motion for Preliminary Injunction, 63 MOTION to Compel Production and to Vacate Certain Other Deadlines and Hearings, and to Deny Certain Pending Motions as Moot by Sedric Catchings, Charles Couser, Collin Davis, Allen Lamin, Sirron Little, Taiwo Moultrie, Joseph Speed, Howard Thomas (Attachments: # 1 Text of Proposed Order)(Farr, Alec) (Entered: 04/15/2021)	April 15, 2021	April 15, 2021 PACER
72	NOTICE by Robert L. Green, Calvin Wilson re 62 Response in Opposition to Motion Notice of Withdrawal of Defendants' Response in Opposition to Plaintiffs' Motion for Class Certification (Lichterman, Ariel) (Entered: 04/15/2021)	April 15, 2021	April 15, 2021 PACER
73	ORDER granting 71 Joint Motion to Vacate Deadlines and Hearings and to Deny Certain Pending Motions as Moot; denying as moot all pending motions; denying as moot 63 Plaintiffs' Motion to Compel, with the exception of the portion of that Motion related to a confidentiality agreement that will govern the Settlement Agreement and incorporated Terms Sheet; ordering the parties to appear before Magistrate Judge Nachmanoff for the previously scheduled hearing on 4/16/2021. Signed by Judge T. S. Ellis on 4/16/2021. (krs, Deputy Clerk) (Entered: 04/16/2021)	April 16, 2021	April 16, 2021 PACER
74	ORDER continuing 63 Plaintiff's Motion to Compel; directing counsel to confer as stated from the bench and promptly submit a proposed consent order to the Court. Signed by Magistrate Judge Michael S Nachmanoff on 4/16/2021. (krs, Deputy Clerk) (Entered: 04/16/2021)	April 16, 2021	April 16, 2021 PACER
75	ORDER granting 11 Motion to Seal. Resident Declarations B, C, D, F, G, H, J, L, and N to Plaintiffs Complaint shall be filed partially redacted, with descriptions of specific preexisting conditions and medical vulnerabilities redacted. Signed by Magistrate Judge Michael S Nachmanoff on 4/16/2021. (krs, Deputy Clerk) (Entered: 04/16/2021)	April 16, 2021	April 16, 2021 PACER
76	Consent MOTION to Certify Class for Settlement Purposes by Sedric Catchings, Charles Couser, Collin Davis, Allen Lamin, Sirron Little, Taiwo Moultrie, Joseph Speed, Howard Thomas (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Farr, Alec) (Entered: 04/20/2021) 1 Memorandum in Support View on RECAP 2 Text of Proposed Order View on PACER	April 20, 2021	April 20, 2021 PACER
77	RESPONSE re 76 Consent MOTION to Certify Class for Settlement Purposes filed by Robert L. Green, Calvin Wilson.(Lichterman, Ariel) (Entered: 04/21/2021)	April 21, 2021	April 21, 2021 PACER
78	Supplemental to 76 Consent MOTION to Certify Class for Settlement Purposes filed by Sedric Catchings, Charles Couser, Collin Davis, Allen Lamin, Sirron Little, Taiwo Moultrie, Joseph Speed, Howard Thomas (Supplemental Memorandum in Support) (Farr, Alec) (Entered: 04/22/2021)	April 22, 2021	April 22, 2021 PACER
79	REDACTED DOCUMENT to 2 Notice of Filing Exhibit or Attachment Under Seal, Res. Decl. B, #3 Exhibit B to #1 Complaint by Sedric Catchings, Charles Couser, Collin Davis, Allen Lamin, Sirron Little, Taiwo Moultrie, Joseph Speed, Howard Thomas(Farr, Alec) (Entered: 04/22/2021)	April 22, 2021	April 22, 2021 PACER
80	REDACTED DOCUMENT to 3 Notice of Filing Exhibit or Attachment Under Seal, Res. Decl. C, #4 Exhibit C to #1 Complaint by Sedric Catchings, Charles Couser, Collin Davis, Allen Lamin, Sirron Little, Taiwo Moultrie, Joseph Speed, Howard Thomas(Farr, Alec) (Entered: 04/22/2021)	April 22, 2021	April 22, 2021 PACER
81	REDACTED DOCUMENT to 4 Notice of Filing Exhibit or Attachment Under Seal, Res. Decl. D, #5 Exhibit D to #1 Complaint by Sedric Catchings, Charles Couser, Collin Davis, Allen Lamin, Sirron Little, Taiwo Moultrie, Joseph Speed, Howard Thomas(Farr, Alec) (Entered: 04/22/2021)	April 22, 2021	April 22, 2021 PACER
82	REDACTED DOCUMENT to 5 Notice of Filing Exhibit or Attachment Under Seal, Res. Decl. F, #7 Exhibit F to #1 Complaint by Sedric Catchings, Charles Couser, Collin Davis, Allen Lamin, Sirron Little, Taiwo Moultrie, Joseph Speed, Howard Thomas(Farr, Alec) (Entered: 04/22/2021)	April 22, 2021	April 22, 2021 PACER
83	REDACTED DOCUMENT to 6 Notice of Filing Exhibit or Attachment Under Seal, Res. Decl. G, #8 Exhibit G to #1 Complaint by Sedric Catchings, Charles Couser, Collin Davis, Allen Lamin, Sirron Little, Taiwo Moultrie, Joseph Speed, Howard Thomas(Farr, Alec) (Entered: 04/22/2021)	April 22, 2021	April 22, 2021 PACER
84	REDACTED DOCUMENT to 7 Notice of Filing Exhibit or Attachment Under Seal, Res. Decl. H, #9 Exhibit H to #1 Complaint by Sedric Catchings, Charles Couser, Collin Davis, Allen Lamin, Sirron Little, Taiwo Moultrie, Joseph Speed, Howard Thomas(Farr, Alec) (Entered: 04/22/2021)	April 22, 2021	April 22, 2021 PACER
85	REDACTED DOCUMENT to 8 Notice of Filing Exhibit or Attachment Under Seal, Res. Decl. J, #11 Exhibit J to #1 Complaint by Sedric Catchings, Charles Couser, Collin Davis, Allen Lamin, Sirron Little, Taiwo Moultrie, Joseph Speed, Howard Thomas(Farr, Alec) (Entered: 04/22/2021)	April 22, 2021	April 22, 2021 PACER
86	REDACTED DOCUMENT to 9 Notice of Filing Exhibit or Attachment Under Seal, Res. Decl. L, #13 Exhibit L to #1 Complaint by Sedric Catchings, Charles Couser, Collin Davis, Allen Lamin, Sirron Little, Taiwo Moultrie, Joseph Speed, Howard Thomas(Farr, Alec) (Entered: 04/22/2021)	April 22, 2021	April 22, 2021 PACER
87	REDACTED DOCUMENT to 10 Notice of Filing Exhibit or Attachment Under Seal, Res. Decl. N, #15 Exhibit N to #1 Complaint by Sedric Catchings, Charles Couser, Collin Davis, Allen Lamin, Sirron Little, Taiwo Moultrie, Joseph Speed, Howard Thomas(Farr, Alec) (Entered: 04/22/2021)	April 22, 2021	April 22, 2021 PACER
88	ORDER granting 76 Plaintiffs' Consent Motion for Class Certification; certifying the Settlement Class for settlement purposes only. Signed by Judge T. S. Ellis on 4/23/2021. (krs, Deputy Clerk) (Entered: 04/23/2021)	April 23, 2021	April 23, 2021 RECAP
89	Consent MOTION to Dismiss by Sedric Catchings, Charles Couser, Collin Davis, Allen Lamin, Sirron Little, Taiwo Moultrie, Joseph Speed, Howard Thomas (Attachments: # 1 Text of Proposed Order)(Farr, Alec) (Entered: 04/28/2021) 1 Text of Proposed Order View on PACER	April 28, 2021	April 28, 2021 PACER
90	ORDER granting 89 Consent Motion to Dismiss with Prejudice. Signed by Judge T. S. Ellis on 4/28/2021 (cags, Deputy Clerk) (Entered: 04/28/2021)	April 28, 2021	April 28, 2021 RECAP
91	MOTION to Compel (Joint Motion to Deny Motion to Compel Production [ECF 63] as Moot ) by Sedric Catchings, Charles Couser, Collin Davis, Allen Lamin, Sirron Little, Taiwo Moultrie, Joseph Speed, Howard Thomas (Attachments: # 1 Exhibit 1, # 2 Text of Proposed Order)(Farr, Alec) (Entered: 04/29/2021)	April 29, 2021	April 29, 2021 PACER

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Case Details

State / Territory: Maryland

Case Type(s):

Jail Conditions

Special Collection(s):

Post-PLRA enforceable consent decrees

COVID-19 (novel coronavirus)

Key Dates

Filing Date: Feb. 20, 2021

Closing Date: April 28, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Pretrial Class: "all people detained in the Chesapeake Detention Facility who are not detained pursuant to a judgment of conviction" Medically Vulnerable Subclass: "all Pretrial Class members whose medical condition renders them especially vulnerable to the coronavirus as determined by guidelines promulgated by the Centers for Disease Control and Prevention" Post-Conviction Class: "all people detained in the Chesapeake Detention Facility who are detained pursuant to a judgment of conviction"

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Lawyers Comm. for Civil Rights Under Law

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Warden (Baltimore, Baltimore City), State

Secretary (Baltimore, Baltimore City), State

Defendant Type(s):