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 attrorneys, 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

6:21-cv-00588

Docket

Terrill v. State of Oregon

July 27, 2021

July 27, 2021

Docket
1

6:21-cv-00588

Class Action Complaint

Terrill v. State of Oregon

April 20, 2021

April 20, 2021

Complaint

Resources

Docket

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

Last updated Aug. 27, 2022, 3:06 a.m.

ECF Number Description Date Link 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

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

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

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

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

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

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

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

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

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

April 21, 2021

PACER

Leave to Appear Pro Hac Vice

April 21, 2021

April 21, 2021

PACER

Clerk's Review of Pro Hac Vice Motion

April 21, 2021

April 21, 2021

PACER

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

April 21, 2021

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

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

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

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

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

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

July 26, 2021

PACER

Order on Motion for Extension of Discovery & PTO Deadlines

July 26, 2021

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

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

July 27, 2021

RECAP
17

SETTLEMENT CONFERENCE ORDER. Settlement Conference is set for Friday, December 3, 2021, in Portland chambers before Magistrate Judge Stacie F. Beckerman, 9th floor of the Mark O. Hatfield U.S. Courthouse, 1000 S.W. 3rd Avenue, Portland. Plaintiff is to arrive at 9:00 AM, Defendants at 9:30 AM. Please see attached instructions. Ordered by Magistrate Judge Stacie F. Beckerman. (gw) (Entered: 08/24/2021)

Aug. 24, 2021

Aug. 24, 2021

PACER
18

Joint ADR Report . Filed by All Defendants.(Nordyke, Vanessa) (Entered: 08/31/2021)

Aug. 31, 2021

Aug. 31, 2021

PACER
19

Notice of Attorney Substitution: Jill Conbere is substituted as counsel of record in place of Attorney Abigail Fallon . Filed by Colette Peters, State of Oregon. (Conbere, Jill) (Entered: 09/24/2021)

Sept. 24, 2021

Sept. 24, 2021

PACER
20

Joint Motion for Extension of Discovery & PTO Deadlines . Filed by Donald Terrill. (Zito, Thomas) (Entered: 10/22/2021)

Oct. 22, 2021

Oct. 22, 2021

PACER
21

ORDER: Granting Joint Motion for Extension of Discovery & PTO Deadlines 20 . Motion for Class Certification is due by 12/22/2021. Discovery is to be completed 120 days after the Court's ruling on the motion for class certification. The parties shall file amended pleadings and join all claims 120 days after the Court's ruling on the motion for class certification. Expert Witness Disclosures and Reports are due 30 days after the close of fact discovery. Expert Rebuttal Reports are due 30 days after Expert Disclosures. Expert Discovery to be completed 30 days after Rebuttal Reports are due. Dispositive Motions are due 30 days after close of Expert Discovery. Pretrial Order is due 30 days following the Court's ruling on any dispositive motions. Ordered by Judge Ann L. Aiken. (ck) (Entered: 10/22/2021)

Oct. 22, 2021

Oct. 22, 2021

PACER

Order on Motion for Extension of Discovery & PTO Deadlines

Oct. 22, 2021

Oct. 22, 2021

PACER
22

Notice of Attorney Substitution: Tracy Ickes White is substituted as counsel of record in place of Attorney Vanessa A. Nordyke . Filed by Colette Peters, State of Oregon. (White, Tracy) (Entered: 11/08/2021)

Nov. 8, 2021

Nov. 8, 2021

PACER
23

SCHEDULING ORDER. RESETTING LOCATION ONLY: The Settlement Conference previously set for Friday, 12/3/2021, before Magistrate Judge Stacie F. Beckerman will take place by videoconference rather than at the Mark O. Hatfield U.S. Courthouse. Plaintiff shall log on at 9:00 a.m. and Defendants at 9:30 a.m. The Court will distribute the videoconference information by 12/1/2021. Ordered by Magistrate Judge Stacie F. Beckerman. (gw) (Entered: 11/10/2021)

Nov. 10, 2021

Nov. 10, 2021

PACER

1 - Scheduling

Nov. 11, 2021

Nov. 11, 2021

PACER
24

Second Joint Motion for Extension of Discovery & PTO Deadlines . Filed by Donald Terrill. (Zito, Thomas) Modified on 11/16/2021 to adjust docket text to reflect title of document. NEF not regenerated. (jw) (Entered: 11/15/2021)

Nov. 15, 2021

Nov. 15, 2021

PACER
25

ORDER: Granting Joint Motion for Extension of Discovery & PTO Deadlines 24 . Motion for Class Certification is due by 3/18/2022. Discovery is to be completed 120 days after the Court's ruling on the motion for class certification. The parties shall file amended pleadings and join all claims 120 days after the Court's ruling on the motion for class certification. Expert Witness Disclosures and Reports are due 30 days after the close of fact discovery. Expert Rebuttal Reports are due 30 days after Expert Disclosures. Expert Discovery to be completed 30 days after Rebuttal Reports are due. Dispositive Motions are due 30 days after close of Expert Discovery. Pretrial Order is due 30 days following the Court's ruling on any dispositive motions. Ordered by Judge Ann L. Aiken. (ck) (Entered: 11/15/2021)

Nov. 15, 2021

Nov. 15, 2021

PACER

Order on Motion for Extension of Discovery & PTO Deadlines

Nov. 16, 2021

Nov. 16, 2021

PACER
26

Unopposed Motion for Leave to File Amended Complaint/Petition . Filed by Donald Terrill. (Walsh, Lynn) (Entered: 11/29/2021)

Nov. 29, 2021

Nov. 29, 2021

PACER
27

ORDER: Granting Unopposed Motion for Leave to File Amended Complaint/Petition 26 . Amended Complaint is due 12/7/2021. Ordered by Judge Ann L. Aiken. (ck) (Entered: 11/30/2021)

Nov. 30, 2021

Nov. 30, 2021

PACER

Order on Motion For Leave to File AmendedComplaint/Petition

Nov. 30, 2021

Nov. 30, 2021

PACER
28

Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Jelena Kolic. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8328992. Filed by Donald Terrill. (Kolic, Jelena) (Entered: 12/03/2021)

Dec. 3, 2021

Dec. 3, 2021

PACER

Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Jelena Kolic. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8328992 28 : Reviewed and Ready for Ruling. (ck)

Dec. 3, 2021

Dec. 3, 2021

PACER
29

ORDER: Granting Motion for Leave to Appear Pro Hac Vice 28 . Ordered by Judge Ann L. Aiken. (ck) (Entered: 12/03/2021)

Dec. 3, 2021

Dec. 3, 2021

PACER
30

MINUTES of Proceedings: Settlement Conference held before Magistrate Judge Stacie F. Beckerman by videoconference on 12/3/2021. The case does not settle. Lynn S. Walsh and Thomas Philip Zito present as counsel for plaintiff. Tracy Ickes White and Jill Conbere present as counsel for defendants. Magistrate Judge Stacie F. Beckerman presiding. (gw) (Entered: 12/03/2021)

Dec. 3, 2021

Dec. 3, 2021

PACER

Clerk's Review of Pro Hac Vice Motion

Dec. 3, 2021

Dec. 3, 2021

PACER

Leave to Appear Pro Hac Vice

Dec. 3, 2021

Dec. 3, 2021

PACER

Settlement Conference

Dec. 4, 2021

Dec. 4, 2021

PACER
31

First Amended Class Action Complaint . Filed by Donald Terrill, Nicolas Pando, Michael Wesley against All Defendants. (Walsh, Lynn) Modified on 12/7/2021 to adjust docket text to reflect document title. NEF not regenerated. (jw) (Entered: 12/06/2021)

Dec. 6, 2021

Dec. 6, 2021

PACER
32

Answer to 31 Amended Complaint with Jury Demand . Filed by Colette Peters, State of Oregon. (White, Tracy) (Entered: 12/20/2021)

Dec. 20, 2021

Dec. 20, 2021

PACER
33

Joint Motion for Extension of Discovery & PTO Deadlines . Filed by Nicolas Pando, Donald Terrill, Michael Wesley. (Zito, Thomas) (Entered: 03/04/2022)

March 4, 2022

March 4, 2022

PACER
34

ORDER: Granting Joint Motion for Extension of Discovery & PTO Deadlines 33 . Motion for Class Certification is due by 5/27/2022. Discovery is to be completed 120 days after the Court's ruling on the motion for class certification. The parties shall file amended pleadings and join all claims 120 days after the Court's ruling on the motion for class certification. Expert Witness Disclosures and Reports are due 30 days after the close of fact discovery. Expert Rebuttal Reports are due 30 days after Expert Disclosures. Expert Discovery to be completed 30 days after Rebuttal Reports are due. Dispositive Motions are due 30 days after close of Expert Discovery. Pretrial Order is due 30 days following the Court's ruling on any dispositive motions. Ordered by Judge Ann L. Aiken. (ck) (Entered: 03/04/2022)

March 4, 2022

March 4, 2022

PACER

Order on Motion for Extension of Discovery & PTO Deadlines

March 4, 2022

March 4, 2022

PACER
35

Joint Motion for Extension of Discovery & PTO Deadlines . Filed by Nicolas Pando, Donald Terrill, Michael Wesley. (Zito, Thomas) (Entered: 05/10/2022)

May 10, 2022

May 10, 2022

PACER
36

ORDER: Granting Joint Motion for Extension of Discovery & PTO Deadlines 35 . Motion for Class Certification is due by 8/19/2022. Discovery is to be completed 120 days after the Court's ruling on the motion for class certification. The parties shall file amended pleadings and join all claims 120 days after the Court's ruling on the motion for class certification. Expert Witness Disclosures and Reports are due 30 days after the close of fact discovery. Expert Rebuttal Reports are due 30 days after Expert Disclosures. Expert Discovery to be completed 30 days after Rebuttal Reports are due. Dispositive Motions are due 30 days after close of Expert Discovery. Pretrial Order is due 30 days following the Court's ruling on any dispositive motions. Ordered by Judge Ann L. Aiken. (ck) (Entered: 05/10/2022)

May 10, 2022

May 10, 2022

PACER

Order on Motion for Extension of Discovery & PTO Deadlines

May 10, 2022

May 10, 2022

PACER
37

Leave

July 20, 2022

July 20, 2022

PACER
38

Declaration

July 20, 2022

July 20, 2022

PACER

Order on Motion for Leave

July 20, 2022

July 20, 2022

PACER
40

Extension of Time

July 25, 2022

July 25, 2022

PACER

Order on Motion for Extension of Time

July 26, 2022

July 26, 2022

PACER
42

1 - Scheduling

Aug. 12, 2022

Aug. 12, 2022

PACER
43

Attorney Substitution

Aug. 23, 2022

Aug. 23, 2022

PACER

Case Details

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