Case: Terrill v. Oregon

6:21-cv-00588 | U.S. District Court for the District of Oregon

Filed Date: April 20, 2021

Case Ongoing

Clearinghouse coding complete

Case Summary

This lawsuit addresses whether or not prisoners in the state of Oregon have to pay for medical equipment.A prisoner at the Snake River Correctional Institution (SRCI) filed suit in the U.S. District Court for the District of Oregon on April 20, 2021. Defendants were the State of Oregon and the Director of the Oregon Department of Corrections. Plaintiff had a lower leg amputation. He had received a prosthesis while incarcerated. To pay for the prosthesis, $10,675 had been garnished from his trus…

This lawsuit addresses whether or not prisoners in the state of Oregon have to pay for medical equipment.

A prisoner at the Snake River Correctional Institution (SRCI) filed suit in the U.S. District Court for the District of Oregon on April 20, 2021. Defendants were the State of Oregon and the Director of the Oregon Department of Corrections. Plaintiff had a lower leg amputation. He had received a prosthesis while incarcerated. To pay for the prosthesis, $10,675 had been garnished from his trust account between May 2013 and April 2021. He still owed $14,415 at the time of filing. The State and the Oregon Administrative Rules (OAR) classified prostheses as elective medical devices. The OAR also allowed prisons to charge prisoners for elective medical devices. Plaintiff sought relief under the Americans with Disability Act (ADA) 42 U.S. Code § 12101, and Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794. Plaintiff alleged that the ADA forbids “placing surcharges on medical equipment necessary for people with disabilities to access prison programs, services, and activities.”

Plaintiff sought to certify a class of both former and present disabled prisoners in ODC custody who were charged for medical equipment to accommodate a disability. Relief sought included declaratory and injunctive relief as follows: a declaration that defendant’s policies were discriminatory and violated federal law; an injunction preventing defendant from enforcing portions of OAR 291-124-0085; reimbursement of what plaintiff and class members paid for their medical equipment; and attorney fees. Plaintiff was represented by Disability Rights Advocates and private counsel. Judge Ann L. Aiken was assigned.

This case is ongoing as of July 31, 2021.

Summary Authors

Eric Gripp (7/31/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/59838860/parties/terrill-v-state-of-oregon/


Judge(s)

Aiken, Ann L. (Oregon)

Attorneys(s) for Plaintiff

Atkinson, Torie Alisa (New York)

Tevah, Shira J (California)

Walsh, Lynn S (Oregon)

Zito, Thomas Philip (California)

Attorneys(s) for Defendant

Fallon, Abigail (Oregon)

Nordyke, Vanessa A. (Oregon)

Judge(s)

Aiken, Ann L. (Oregon)

Attorneys(s) for Plaintiff

Atkinson, Torie Alisa (New York)

Tevah, Shira J (California)

Walsh, Lynn S (Oregon)

Zito, Thomas Philip (California)

Attorneys(s) for Defendant

Fallon, Abigail (Oregon)

Nordyke, Vanessa A. (Oregon)

Documents in the Clearinghouse

Document

Docket

Terrill v. State of Oregon

July 27, 2021 Docket
1

Class Action Complaint

Terrill v. State of Oregon

April 20, 2021 Complaint

Resources

Title Description External URL

Terrill v. State of Oregon

Disability Rights Advocates

On April 20, 2021, Disability Rights Advocates and Lynn S. Walsh filed a class-action lawsuit against the State of Oregon and the Oregon Department of Corrections (ODOC) on behalf of current and form… April 20, 2021 https://dralegal.org/case/terrill-v-state-of-oregon/

Docket

See docket on RECAP: https://www.courtlistener.com/docket/59838860/terrill-v-state-of-oregon/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

Complaint. Filing fee in the amount of $402 collected. Agency Tracking ID: AORDC-8047984 Jury Trial Requested: Yes. Filed by Donald Terrill against All Defendants (Attachments: # 1 Civil Cover Sheet). (Walsh, Lynn) (Entered: 04/20/2021)

1 Civil Cover Sheet

View on PACER

April 20, 2021 RECAP
2

Notice of Case Assignment to Judge Ann L. Aiken and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 8/18/2021. Joint Alternate Dispute Resolution Report is due by 9/17/2021. Pretrial Order is due by 9/17/2021. Ordered by Judge Ann L. Aiken. (cw) (Entered: 04/20/2021)

April 20, 2021 PACER
3

CASE MANAGEMENT ORDER. Signed on 4/20/2021 by Judge Ann L. Aiken. (ck) (Entered: 04/20/2021)

April 20, 2021 PACER
4

Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Torie Atkinson. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8048847. Filed by Donald Terrill. (Atkinson, Torie) (Entered: 04/21/2021)

April 21, 2021 PACER

Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Torie Atkinson. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8048847 4 : Reviewed and Ready for Ruling. (ck)

April 21, 2021 PACER
5

ORDER: Granting Motion for Leave to Appear Pro Hac Vice 4 . Ordered by Judge Ann L. Aiken. (ck) (Entered: 04/21/2021)

April 21, 2021 PACER
6

Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Thomas Zito. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8049042. Filed by Donald Terrill. (Zito, Thomas) (Entered: 04/21/2021)

April 21, 2021 PACER
7

Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Shira Tevah. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8049006. Filed by Donald Terrill. (Tevah, Shira) (Entered: 04/21/2021)

April 21, 2021 PACER

Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Thomas Zito. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8049042 6 . Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Shira Tevah. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8049006 7 : Reviewed and Ready for Ruling. (ck)

April 21, 2021 PACER
8

ORDER: Granting Motion for Leave to Appear Pro Hac Vice 6 ; Granting Motion for Leave to Appear Pro Hac Vice 7 . Ordered by Judge Ann L. Aiken. (ck) (Entered: 04/21/2021)

April 21, 2021 PACER

Leave to Appear Pro Hac Vice

April 21, 2021 PACER

Clerk's Review of Pro Hac Vice Motion

April 21, 2021 PACER

Leave to Appear Pro Hac Vice AND Leave to Appear Pro Hac Vice

April 21, 2021 PACER
9

Waiver of Service of Summons Returned Executed Filed by Colette Peters, State of Oregon. (Fallon, Abigail) (Entered: 05/19/2021)

May 19, 2021 PACER
10

Notice of Attorney Withdrawal: Shira J. Tevah Filed by Donald Terrill. (Tevah, Shira) (Entered: 06/07/2021)

June 7, 2021 PACER
11

Answer to 1 Complaint with Jury Demand . Filed by Colette Peters, State of Oregon. (Fallon, Abigail) (Entered: 06/18/2021)

June 18, 2021 RECAP
12

Rule 26(f) Report and Discovery Plan . Filed by Donald Terrill. (Zito, Thomas) (Entered: 07/23/2021)

July 23, 2021 PACER
13

Unopposed Motion for Extension of Discovery & PTO Deadlines . Filed by Donald Terrill. (Zito, Thomas) (Entered: 07/23/2021)

July 23, 2021 PACER
14

ORDER: Granting Unopposed Motion for Extension of Discovery & PTO Deadlines 13 . Initial Disclosures are due by 7/30/2021. Joint Alternate Dispute Resolution Report is due by 8/31/2021. Motion for Class Certification is due by 10/29/2021. Discovery is to be completed by 1/28/2022. The parties shall file amended pleadings and join all claims by 1/28/2022. Expert Witness Disclosures and Reports are due by 1/28/2022. Expert Rebuttal Reports are due by 2/25/2022. Expert Discovery to be completed by 3/25/2022. Dispositive Motions are due by 4/29/2022. Pretrial Order is due 30 days following the Court's ruling on any dispositive motions. Ordered by Judge Ann L. Aiken. (ck) (Entered: 07/26/2021)

July 26, 2021 PACER

Order on Motion for Extension of Discovery & PTO Deadlines

July 26, 2021 PACER
15

Motion for Protective Order (Stipulated Protective Order). Filed by Colette Peters, State of Oregon. (Nordyke, Vanessa) (Entered: 07/27/2021)

July 27, 2021 RECAP
16

ORDER: Granting Stipulated Motion for a Protective Order 15 . Signed on 7/27/2021 by Judge Ann L. Aiken. (ck) (Entered: 07/27/2021)

July 27, 2021 RECAP
17

1 - Scheduling

Aug. 24, 2021 PACER
18

Joint Alternate Dispute Resolution Report

Aug. 31, 2021 PACER
19

Attorney Substitution

Sept. 24, 2021 PACER
20

Extension of Discovery & PTO Deadlines

Oct. 22, 2021 PACER

Order on Motion for Extension of Discovery & PTO Deadlines

Oct. 22, 2021 PACER
22

Attorney Substitution

Nov. 8, 2021 PACER

1 - Scheduling

Nov. 11, 2021 PACER
24

Extension of Discovery & PTO Deadlines

Nov. 15, 2021 PACER

Order on Motion for Extension of Discovery & PTO Deadlines

Nov. 16, 2021 PACER
26

Amend Complaint/Petition

Nov. 29, 2021 PACER

Order on Motion For Leave to File AmendedComplaint/Petition

Nov. 30, 2021 PACER
28

Leave to Appear Pro Hac Vice

Dec. 3, 2021 PACER

Clerk's Review of Pro Hac Vice Motion

Dec. 3, 2021 PACER

Leave to Appear Pro Hac Vice

Dec. 3, 2021 PACER

Settlement Conference

Dec. 4, 2021 PACER
31

Amended Complaint (ALL CASE TYPES)

Dec. 6, 2021 PACER
32

Answer to Amended Complaint

Dec. 20, 2021 PACER
33

Extension of Discovery & PTO Deadlines

March 4, 2022 PACER

Order on Motion for Extension of Discovery & PTO Deadlines

March 4, 2022 PACER
35

Extension of Discovery & PTO Deadlines

May 10, 2022 PACER

Order on Motion for Extension of Discovery & PTO Deadlines

May 10, 2022 PACER

State / Territory: Oregon

Case Type(s):

Prison Conditions

Key Dates

Filing Date: April 20, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A prisoner at the Snake River Correctional Institution in Ontario, Oregon, seeking to represent a class defined as all people with disabilities currently and formerly in the custody of the Oregon Department of Corrections, who have been charged for durable medical equipment (DME) and/or healthcare appliances constituting disability accommodations including but not limited to prostheses, orthotics, necessary footwear, and hearing aids pursuant to Oregon Administrative Rules (OAR) 291-124-0085.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

State of Oregon, State

Defendant Type(s):

Corrections

Jurisdiction-wide

Case Details

Causes of Action:

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

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Conditions of confinement

Reasonable Accommodations

Discrimination-area:

Accommodation / Leave

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Mobility impairment

Medical/Mental Health:

Medical care, general

Type of Facility:

Government-run