Case: Shreve v. Franklin County, Ohio

2:10-cv-00644 | U.S. District Court for the Southern District of Ohio

Filed Date: July 10, 2010

Closed Date: Feb. 6, 2014

Clearinghouse coding complete

Case Summary

This action was originally brought by four individuals against Franklin County, Ohio, the Sheriff of Franklin County and numerous employees of that Office on July 16, 2010. Plaintiffs brought claims under the 4th, 8th and 14th Amendments to the Constitution as enforced by 42 U.S.C. § 1983.  The case was assigned to Judge Edmund A Sargus in the U.S. District Court for the Southern District of Ohio. Plaintiffs brought a preliminary injunction and class certification motion on July 23, 2010. The U…

This action was originally brought by four individuals against Franklin County, Ohio, the Sheriff of Franklin County and numerous employees of that Office on July 16, 2010. Plaintiffs brought claims under the 4th, 8th and 14th Amendments to the Constitution as enforced by 42 U.S.C. § 1983.  The case was assigned to Judge Edmund A Sargus in the U.S. District Court for the Southern District of Ohio. Plaintiffs brought a preliminary injunction and class certification motion on July 23, 2010. The United States Department of Justice sought intervention on November 3, 2010.  The court allowed DOJ to intervene. The Court certified the class on December 14, 2010.  DOJ and the defendants settled on February 4, 2011. The court preliminarily approved a class action settlement for declaratory and injunctive relief on the same date and gave final settlement approval on March 10, 2011. The settlement required revisions to the County's taser policy, including limitations on circumstances under which a taser could be used, alternative forms of force or control techniques, reporting requirements, and training.  The agreement would remain in effect until the county achieved two years of substantial compliance. 

On September 7, 2011, the Court granted the plaintiffs’ motion to consolidate with two other cases: Nicole Bradley et al. v. Franklin County, Ohio, et.al., Case Number 11-cv-261 and Michael Worley et al. v Franklin County, Ohio et al., Case Number 11-cv-415.

Eventually, all plaintiffs were dismissed but one. That plaintiff had a traumatic brain injury and subsequent seizure disorder. On August 10, 2008, he had a seizure while walking in public. Emergency medical technicians attended him, but he reportedly became aggressive and assaulted one of them, so he was arrested, charged with assaulting a peace officer, and taken to Franklin County Corrections Center instead. He was found not guilty by reason of insanity (NGRI), and was ordered to be committed to a Behavioral Healthcare Forensic Unit. However, the unit lacked capacity, so he stayed in jail. He subsequently had a seizure. Prison officers attempted to handcuff him to take him to medical care. When he did not comply, officers tased him repeatedly. They tased him again at the hospital.

He brought §1983 claims of excessive force and failure to train in violation of the Fourteenth Amendment and the 8th Amendment of the Constitution against the deputies in their individual and official capacities, as well as against Franklin County, the Franklin County Sheriff, the commanders of the facilities, and members of the Internal Affairs Bureau.

Defendants filed a motion to dismiss in September 2012, claiming qualified immunity and no constitutional violation. On January 2, 2013, the court granted the defendants’ motion to dismiss on the basis that defendants had not acted “maliciously and sadistically with intent to harm” and so lacked the requisite intent necessary to find a constitutional violation.

The plaintiff appealed to the 6th Circuit. On February 6, 2014, the 6th Circuit upheld the District Court’s grant of the motion to dismiss the complaint on the same grounds as the District Court. Circuit Judge Clay filed a dissent, noting that the plaintiff’s disability precluded him from understanding the officers’ commands following a seizure, and that the behavior that the Court found to demonstrate noncompliance or resistance actually indicated surrender. Furthermore, he noted, the Court applied the wrong standard. The plaintiff needed only to prove malicious intent “in a rapidly evolving, fluid, and dangerous predicament.” In this case, the dissent notes, he need only cite evidence to support his allegation that the officers were deliberately indifferent to his right to be free from excessive force.  

Summary Authors

NDRN (8/3/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4998025/parties/shreve-v-franklin-county-ohio/


Judge(s)
Attorney for Plaintiff

Alo, Mohammed Noure (Ohio)

D'Alessandro, Mark Thomas (Ohio)

Attorney for Defendant

Brave, Michael (Ohio)

Expert/Monitor/Master/Other

Carnahan, Russell Earl (Ohio)

Corl, Christina Louise (Ohio)

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Documents in the Clearinghouse

Document
6

2:10-cv-00644

Plaintiff and Proposed Class' Motion for Preliminary Injunction

July 23, 2010

July 23, 2010

Pleading / Motion / Brief
15

2:10-cv-00644

First Amended Individual Complaint for Damages and First Amended Class Action Complaint for Declaratory and Injunctive Relief Jury Demand Endorsed Hereon

Aug. 27, 2010

Aug. 27, 2010

Complaint
69

2:10-cv-00644

Opinion and Order

Dec. 14, 2010

Dec. 14, 2010

Order/Opinion

2010 WL 5173162

93

2:10-cv-00644

Opinion and Order

Jan. 25, 2011

Jan. 25, 2011

Order/Opinion

2011 WL 250407

94-1

2:10-cv-00644

Agreement Between the United States of America and the Sherif of Franklin County, Ohio

Feb. 4, 2011

Feb. 4, 2011

Settlement Agreement
97

2:10-cv-00644

Order

Feb. 4, 2011

Feb. 4, 2011

Order/Opinion
96

2:10-cv-00644

Order

Feb. 4, 2011

Feb. 4, 2011

Order/Opinion
94

2:10-cv-00644

Joint Motion for Entry of Settlement Agreement

Feb. 4, 2011

Feb. 4, 2011

Pleading / Motion / Brief
100

2:10-cv-00644

Order

March 10, 2011

March 10, 2011

Order/Opinion
104

2:10-cv-00644

Third Amended Individual Complaint for Damages

April 29, 2011

April 29, 2011

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4998025/shreve-v-franklin-county-ohio/

Last updated Aug. 6, 2025, 10:58 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT with JURY DEMAND for Individual Damages and Class Action Complaint for Declaratory and Injunctive Relief against All Defendants ( Filing fee $ 350 paid - receipt number: 0648-2702674), filed by Michael Reed, Robert Shreve, Dawn Fiore-Bruno. (Attachments: # 1 Civil Cover Sheet) (Perry, Jane) (Entered: 07/16/2010)

1 Civil Cover Sheet

View on PACER

July 16, 2010

July 16, 2010

PACER
2

Emergency MOTION for Leave to File Motion for Class Certification and Appointment of Class Counsel by Plaintiff Robert Shreve. (Attachments: # 1 Exhibit Motion for Class Certification and Appointment of Class Counsel, # 2 Exhibit Declaration of Robert Shreve) (Perry, Jane) (Entered: 07/16/2010)

July 16, 2010

July 16, 2010

PACER
3

ORDER granting 2 Plaintiff's Motion for Leave to File Motion for Class Certification. Signed by Judge Edmund A Sargus on 07/20/2010. (dh) (Entered: 07/20/2010)

July 20, 2010

July 20, 2010

PACER
4

MOTION to Appoint Counsel for the Class, MOTION to Certify Class ( Responses due by 8/13/2010) by Plaintiff Robert Shreve. (Perry, Jane) (Entered: 07/20/2010)

July 20, 2010

July 20, 2010

PACER
5

MOTION for Protective Order Allowing Video Tape Evidence in this Case to be Filed Under Seal by Plaintiffs Dawn Fiore-Bruno, Michael Reed, Robert Shreve. (Perry, Jane) (Entered: 07/22/2010)

July 22, 2010

July 22, 2010

PACER
6

MOTION for Preliminary Injunction of Plaintiff and Proposed Class by Plaintiff Robert Shreve. (Attachments: # 1 Exhibit Declaration and Policies, # 2 Exhibit Declaration and Report of Plaintiffs' Expert) (Perry, Jane) (Entered: 07/23/2010)

1 Exhibit Declaration and Policies

View on PACER

2 Exhibit Declaration and Report of Plaintiffs' Expert

View on PACER

July 23, 2010

July 23, 2010

Clearinghouse
7

NOTICE of TELEPHONE Status Conference set for Tuesday, 8/3/2010, 10:00 AM before Judge Edmund A Sargus. (aq1) (Entered: 07/26/2010)

July 26, 2010

July 26, 2010

PACER
8

NOTICE of Appearance by Nick A Soulas, Jr for Defendant Franklin County Ohio (Soulas, Nick) (Entered: 07/27/2010)

July 27, 2010

July 27, 2010

PACER
9

ORDER granting 5 Motion for Protective Order. Plaintiffs shall have leave to file video evidence of tasing incidents under seal. Signed by Magistrate Judge Mark R. Abel on 7/28/10. (rew) (Entered: 07/28/2010)

July 28, 2010

July 28, 2010

PACER
10

ORDER setting a hearing on Plaintiffs' Motion for Preliminary Injunction 6 for 11/08/2010 at 10:00 a.m. A telephone status conference is set on this matter for 08/17/2010 at 10:00 a.m.. Signed by Judge Edmund A Sargus on 08/03/2010. (dh) (Entered: 08/03/2010)

Aug. 3, 2010

Aug. 3, 2010

PACER

Telephone Conference held before Judge Edmund A Sargus on 8/17/2010, 10:00 A.M. (Court Reporter Laura Samuels.) (aq1)

Aug. 17, 2010

Aug. 17, 2010

PACER
12

ORDER: Parties to brief issue whether Expert be allowed access to county jail; Telephone Conference set for Tuesday, 9/21/2010, 11:45 AM. Signed by Judge Edmund A Sargus on 8/17/10. (aq1) (Entered: 08/17/2010)

Aug. 17, 2010

Aug. 17, 2010

PACER
13

NOTICE of bankruptcy filing and operation of the automatic stay by Defendant Steven Dean. (rew) (Entered: 08/24/2010)

Aug. 23, 2010

Aug. 23, 2010

PACER

NOTICE OF BANKRUPTCY Upon the Record and Operation of Automatic Stay as to Steven Dean by Defendant Steven Dean.SEE DOCKET # 13 FOR DOCUMENT. This entry is being filed to utilize the correct CM/ECF filing event. (kk2)

Aug. 23, 2010

Aug. 23, 2010

PACER
14

MOTION to Compel Inspection by Plaintiffs Dawn Fiore-Bruno, Michael Reed, Robert Shreve. (Attachments: # 1 Exhibit Declaration in Support of Motion to Compel Inspection) (Perry, Jane) (Entered: 08/24/2010)

Aug. 24, 2010

Aug. 24, 2010

PACER
15

AMENDED COMPLAINT for Individual Damages and First Amended Class Action Complaint for Declaratory and Injunctive Relief against All Defendants, filed by Michael Reed, Robert Shreve, Dawn Fiore-Bruno, Michael Worley. (Perry, Jane) (Main Document uploaded again on 8/27/2010 to correct issue with PDF header) (jcw). (Entered: 08/27/2010)

Aug. 27, 2010

Aug. 27, 2010

Clearinghouse
16

NOTICE of Appearance by Mary Jane Martin for Defendant Sheriff Franklin County (Martin, Mary) (Entered: 08/31/2010)

Aug. 31, 2010

Aug. 31, 2010

PACER
17

First MOTION for Extension of Time New date requested 9/7/2010. by Defendant Sheriff Franklin County. (Martin, Mary) (Entered: 08/31/2010)

Aug. 31, 2010

Aug. 31, 2010

PACER
18

ORDER granting 17 Defendants' Motion for Extension of Time. Defendant shall have until 7/7/10 to file a memorandum in opposition to [4} Plaintiff's Motion to Certify Class and Appoint Class Counsel. Plaintiff may file a reply to response within 11 days of service. Signed by Judge Edmund A Sargus on 09/01/2010. (dh) (Entered: 09/01/2010)

Sept. 1, 2010

Sept. 1, 2010

PACER
19

NOTICE of Hearing: Preliminary Pretrial Conference set for 9/30/2010 @ 11:30 AM before Magistrate Judge Mark R. Abel. Conf of the parties due 9/16/10; Rule 26f report of the parties due 9/23/10. (sh1) (Entered: 09/03/2010)

Sept. 3, 2010

Sept. 3, 2010

PACER
20

RESPONSE in Opposition re 4 MOTION to Appoint Counsel for the Class MOTION to Certify Class filed by Defendant Sheriff Franklin County. (Attachments: # 1 Affidavit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit) (Martin, Mary) (Entered: 09/07/2010)

Sept. 7, 2010

Sept. 7, 2010

PACER
21

MOTION for Extension of Time to File Response/Reply as to 6 MOTION for Preliminary Injunction of Plaintiff and Proposed Class by Defendant Sheriff Franklin County. New date requested 9/21/2010. (Soulas, Nick) (Entered: 09/16/2010)

Sept. 16, 2010

Sept. 16, 2010

PACER
22

ORDER granting 21 Defendants' Motion for Extension of Time. Defendants have until 9/21/2010 to file a memorandum in opposition to 6 Plaintiff and Proposed Class's Motion for Preliminary Injunction. Plaintiff and Proposed Class may file a reply within 20 days of the service of Defendants' memorandum in oppostion. Signed by Judge Edmund A Sargus on 09/20/2010. (dh) (Entered: 09/20/2010)

Sept. 20, 2010

Sept. 20, 2010

PACER
23

REPLY to Response to Motion re 4 MOTION to Appoint Counsel for the Class MOTION to Certify Class filed by Plaintiffs Robert Shreve, Michael Worley. (Perry, Jane) (Entered: 09/20/2010)

Sept. 20, 2010

Sept. 20, 2010

PACER
24

RESPONSE in Opposition re 6 MOTION for Preliminary Injunction of Plaintiff and Proposed Class filed by Defendant Sheriff Franklin County. (Attachments: # 1 Affidavit Charles A. Williamson, # 2 Exhibit IAR# 09-309) (Soulas, Nick) (Entered: 09/21/2010)

Sept. 21, 2010

Sept. 21, 2010

PACER
25

NOTICE OF MANUAL FILING OF VIDEO as exhibit B of 24 Response in Opposition to Motion, filed by Defendant Sheriff Franklin County. (jcw) (Entered: 09/22/2010)

Sept. 22, 2010

Sept. 22, 2010

PACER
26

SEALED EXHIBIT B of 24 manually filed at the Clerk's office. (jcw) (Entered: 09/22/2010)

Sept. 22, 2010

Sept. 22, 2010

PACER
27

ORDER: Defendants have until 09/24/2010 to respond to 14 Plaintiffs' Motion to Compel Inspection. Defendants shall submit report of their expert to Plaintiffs by 10/25/2010. Signed by Judge Edmund A Sargus on 09/23/2010. (dh) (Entered: 09/23/2010)

Sept. 23, 2010

Sept. 23, 2010

PACER
28

RULE 26(f) REPORT of Parties by Defendants Mark Barrett, Shannon Beaudry, Jason Brobst, Samuel Byrd, Debra Cantrell, Nathan Coleman, Joshua Crosby, Ben Damschroder, Steven Dean, James Dishong, John/Jane Doe(s), Mark Eagan, Doug Edgington, Franklin County Ohio, Andrew Giles, Michael Herrell, James Jodrey, Clayton Kern, Elizabeth Klein, Nicholas Lapetina, Christopher Lee, Chris Leonard, Christopher Leonard, Stephan L Martin, Sam Montrose, Manley Morgan, Douglas Robinson, John/Jane Roe(s), Jonathan Roush, Sheriff Franklin County, Derek Shively, Christopher Starner, Lee Vandette, Daniel Waldren, Nicholas Williams, Curtis Winn, Plaintiffs Dawn Fiore-Bruno, Michael Reed, Robert Shreve, Michael Worley. (Perry, Jane) (Entered: 09/23/2010)

Sept. 23, 2010

Sept. 23, 2010

PACER
29

NOTICE: Settlement Conference set for 10/6/2010 @ 9:30am in chambers before Magistrate Judge Terence P Kemp - (wh1) (Entered: 09/23/2010)

Sept. 23, 2010

Sept. 23, 2010

PACER
30

WAIVER OF SERVICE Returned Executed. Waiver sent to Franklin County Ohio on 7/29/2010, answer due 9/27/2010; Sheriff Franklin County on 7/29/2010, answer due 9/27/2010. (Perry, Jane) (Entered: 09/30/2010)

Sept. 30, 2010

Sept. 30, 2010

PACER

Minute Entry for proceedings held before Magistrate Judge Mark R. Abel: Initial Pretrial Conference held on 9/30/2010. (Rubey, Rachel)

Sept. 30, 2010

Sept. 30, 2010

PACER
31

ANSWER to 15 Amended Complaint, filed by Franklin County Ohio, Sheriff Franklin County. (Soulas, Nick) (Entered: 09/30/2010)

Sept. 30, 2010

Sept. 30, 2010

PACER
32

PRELIMINARY PRETRIAL ORDER: Rule 26(a)(1) Disclosures due by 10/12/2010. Primary Expert due by 10/25/2010. Counsel are DIRECTED to call chambers no later than 14 days after a decision on plaintiffs' motion for a preliminary injunction to set up a scheduling conference. Signed by Magistrate Judge Mark R. Abel on 10/01/10. (rew) Modified text on 10/1/2010 (rew1). (Entered: 10/01/2010)

Oct. 1, 2010

Oct. 1, 2010

PACER

Set/Reset Columbus PPTO Deadlines : Primary Expert due by 10/25/2010. (rew)

Oct. 1, 2010

Oct. 1, 2010

PACER
33

NOTICE: Settlement Conference RESET for 10/13/2010 @ 9:30am in chambers before Magistrate Judge Terence P Kemp - (wh1) (Entered: 10/05/2010)

Oct. 5, 2010

Oct. 5, 2010

PACER

Settlement Conference held on 10/13/2010 before Magistrate Judge Terence P. Kemp. (jv)

Oct. 13, 2010

Oct. 13, 2010

PACER
34

REPLY to Response to Motion re 6 MOTION for Preliminary Injunction of Plaintiff and Proposed Class filed by Plaintiffs Robert Shreve, Michael Worley. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit) (Perry, Jane) (Entered: 10/14/2010)

Oct. 14, 2010

Oct. 14, 2010

PACER
35

WAIVER OF SERVICE Returned Executed. Waiver sent to Mark Barrett on 9/14/2010, answer due 11/15/2010; Shannon Beaudry on 9/14/2010, answer due 11/15/2010; Jason Brobst on 9/14/2010, answer due 11/15/2010; Samuel Byrd on 9/14/2010, answer due 11/15/2010; Debra Cantrell on 9/14/2010, answer due 11/15/2010; Nathan Coleman on 9/14/2010, answer due 11/15/2010; Joshua Crosby on 9/14/2010, answer due 11/15/2010; Ben Damschroder on 9/14/2010, answer due 11/15/2010; Steven Dean on 9/14/2010, answer due 11/15/2010; James Dishong on 9/14/2010, answer due 11/15/2010; John/Jane Doe(s) on 9/14/2010, answer due 11/15/2010; Mark Eagan on 9/14/2010, answer due 11/15/2010; Doug Edgington on 9/14/2010, answer due 11/15/2010; Andrew Giles on 9/14/2010, answer due 11/15/2010; Michael Herrell on 9/14/2010, answer due 11/15/2010; James Jodrey on 9/14/2010, answer due 11/15/2010; Clayton Kern on 9/14/2010, answer due 11/15/2010; Elizabeth Klein on 9/14/2010, answer due 11/15/2010; Nicholas Lapetina on 9/14/2010, answer due 11/15/2010; Christopher Lee on 9/14/2010, answer due 11/15/2010; Chris Leonard on 9/14/2010, answer due 11/15/2010; Christopher Leonard on 9/14/2010, answer due 11/15/2010; Stephan L Martin on 9/14/2010, answer due 11/15/2010; Sam Montrose on 9/14/2010, answer due 11/15/2010; Manley Morgan on 9/14/2010, answer due 11/15/2010; Douglas Robinson on 9/14/2010, answer due 11/15/2010; John/Jane Roe(s) on 9/14/2010, answer due 11/15/2010; Jonathan Roush on 9/14/2010, answer due 11/15/2010; Derek Shively on 9/14/2010, answer due 11/15/2010; Christopher Starner on 9/14/2010, answer due 11/15/2010; Lee Vandette on 9/14/2010, answer due 11/15/2010; Daniel Waldren on 9/14/2010, answer due 11/15/2010; Nicholas Williams on 9/14/2010, answer due 11/15/2010; Curtis Winn on 9/14/2010, answer due 11/15/2010. (Perry, Jane) (Entered: 10/15/2010)

Oct. 15, 2010

Oct. 15, 2010

PACER

Minute Entry for proceedings held before Magistrate Judge Mark R. Abel: Telephone Conference held on 10/26/2010. (Rubey, Rachel)

Oct. 26, 2010

Oct. 26, 2010

PACER
36

MOTION for Partial Summary Judgment by Defendants Franklin County Ohio, Sheriff Franklin County. Responses due by 11/19/2010 (Attachments: # 1 Affidavit Herrell, # 2 Exhibit A1, # 3 Exhibit A2, # 4 Exhibit B1, # 5 Exhibit B2, # 6 Exhibit C, # 7 Exhibit D) (Martin, Mary) (Entered: 10/26/2010)

Oct. 26, 2010

Oct. 26, 2010

PACER
37

Discovery Conference Order: It is ORDERED that defendants treat the interrogatory questions as questions on written deposition under Rule 32, Fed. R. Civ. P. Each of the 4 individuals who is identified as a witness for the preliminary injunction hearing must answer the questions no later than noon on November 8, 2010. Signed by Magistrate Judge Mark R. Abel on 10/26/10. (rew) (Entered: 10/27/2010)

Oct. 26, 2010

Oct. 26, 2010

PACER
38

MOTION for Leave to File Supplement to Defendant's Memorandum in Opposition to Plaintiffs' and Proposed Class' Motion For Preliminary Injunction by Defendants Franklin County Ohio, Sheriff Franklin County. (Attachments: # 1 Exhibit Exhibit 1, Supplement, # 2 Exhibit A, Declaration of Greg Meyer, # 3 Exhibit B, Expert Report, # 4 Exhibit B1, # 5 Exhibit B2, # 6 Exhibit B3, # 7 Exhibit B4, # 8 Exhibit B5, # 9 Exhibit B6, # 10 Exhibit B7, # 11 Exhibit B8, # 12 Exhibit B9, # 13 Exhibit B10, # 14 Exhibit B11, # 15 Exhibit B12, # 16 Exhibit B13, # 17 Exhibit B14) (Soulas, Nick) (Entered: 10/29/2010)

Oct. 29, 2010

Oct. 29, 2010

PACER
39

MOTION for Leave to File Supplement to Defendant's memorandum in Opposition to Plaintiff's Motion for Class Certification by Defendant Sheriff Franklin County. (Attachments: # 1 Exhibit Exhibit 1, Supplemental memorandum) (Martin, Mary) (Entered: 10/29/2010)

Oct. 29, 2010

Oct. 29, 2010

PACER

Counsel notified via email re Oral Argument on Motion 6 to Certify Class set for Monday, 11/1/2010, 2:00 PM in Courtroom 2 - Columbus before Judge Edmund A Sargus. (aq1)

Oct. 29, 2010

Oct. 29, 2010

PACER
40

ORDER granting Defendants' motions for leave to supplement their memoranda in opposition to Plaintiffs' motions for a preliminary injunction and for class certification 38 and 39 . Signed by Judge Edmund A Sargus on 11/01/2010. (dh) (Entered: 11/01/2010)

Nov. 1, 2010

Nov. 1, 2010

PACER
41

ORAL ARGUMENT held before Judge Edmund A Sargus on 11/1/2010, 2:00 PM re 6 MOTION to certify class (Court Reporter Darla Coulter.) (aq1) (Entered: 11/01/2010)

Nov. 1, 2010

Nov. 1, 2010

PACER
42

Amicus Curiae APPEARANCE entered by Mark Thomas D'Alessandro Defendant United States of America, Interested Party United States of America. (D'Alessandro, Mark) (Entered: 11/02/2010)

Nov. 2, 2010

Nov. 2, 2010

PACER
43

Response re 42 Amicus Curiae Appearance in Opposition to Statement of Interest by Defendants Franklin County Ohio, Sheriff Franklin County. (Soulas, Nick) (Entered: 11/03/2010)

Nov. 3, 2010

Nov. 3, 2010

PACER

Status/Telephone Conference set for 11/3/2010 03:00 PM in Chambers before Judge Edmund A Sargus. (aq1)

Nov. 3, 2010

Nov. 3, 2010

PACER
44

Status/Telephone Conference held on Wednesday, 11/3/2010, 3:00 PM before Judge Edmund A Sargus. (Court Reporter Laura Samuels.) (aq1) (Entered: 11/03/2010)

Nov. 3, 2010

Nov. 3, 2010

PACER
45

MOTION to Intervene by Interested Party United States of America. (Attachments: # 1 Exhibit Memorandum, # 2 Exhibit Complaint) (D'Alessandro, Mark) (Entered: 11/03/2010)

Nov. 3, 2010

Nov. 3, 2010

PACER
46

ORDER vacating the preliminary injunction hearing scheduled for 11/08/10; Interested Party the United States may file a motion to intervene and disclose its expert report to other parties by 11/04/10; Defendants shall file any non-merit-based objections to the motion to intervene by 11/17/10, United States and Plaintiffs may respond within one week of service thereof; and this case is set for mediation on 11/9/2010 at 9:00 AM before Magistrate Judge Kemp. Signed by Judge Edmund A Sargus on 11/03/2010. (dh) (Entered: 11/03/2010)

Nov. 3, 2010

Nov. 3, 2010

PACER
47

NOTICE by Interested Party United States of America of Service of Expert Report (Attachments: # 1 Exhibit CertificateofService) (Stark, John) (Entered: 11/04/2010)

Nov. 4, 2010

Nov. 4, 2010

PACER

Settlement Conference held on 11/9/2010 before Magistrate Judge Terence P. Kemp. (jv)

Nov. 9, 2010

Nov. 9, 2010

PACER
48

ORDER scheduling a preliminary injunction hearing for 01/10/2011 at 9:00 a.m. Defendants shall disclose names of 2 additional expert witnesses to other parties by 11/16/2010 and disclose reports of these experts within 30 days thereafter; Depositions of additional experts shall be conducted within 1 weeks of the disclosure of the experts' reports. A telephone status conference is scheduled for 11/23/2010 at 10:00 a.m. Signed by Judge Edmund A Sargus on 11/09/2010. (dh1) (Entered: 11/10/2010)

Nov. 10, 2010

Nov. 10, 2010

PACER
49

NOTICE by Interested Party United States of America of Substitution of Local Counsel (Stark, John) (Entered: 11/10/2010)

Nov. 10, 2010

Nov. 10, 2010

PACER
50

MOTION for Extension of Time of Forty-Five Days in Which to Effect Service Upon the John/Jane Doe and John/Jane Roe Defendants by Plaintiffs Dawn Fiore-Bruno, Michael Reed, Robert Shreve, Michael Worley. New date requested 12/31/2010. (Perry, Jane) Modified on 11/15/2010 to clarify text (kk2) (Entered: 11/12/2010)

Nov. 12, 2010

Nov. 12, 2010

PACER
51

ORDER granting 50 Motion for Extension of Time of (45) forty-five days in which to effect service upon the John/Jane Doe and John/Jane Roe defendants. New deadline is 12/31/2010. Signed by Magistrate Judge Mark R Abel on 11/15/10. (rew) Modified on 11/16/2010 to correct text & judge (kk2). (Entered: 11/15/2010)

Nov. 15, 2010

Nov. 15, 2010

PACER
52

RESPONSE in Opposition re 45 MOTION to Intervene filed by Defendants Franklin County Ohio, Sheriff Franklin County. (Soulas, Nick) (Entered: 11/17/2010)

Nov. 17, 2010

Nov. 17, 2010

PACER
53

RESPONSE in Opposition re 36 MOTION for Partial Summary Judgment of the County Defendants filed by Plaintiffs Robert Shreve, Michael Worley. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6) (Perry, Jane) (Entered: 11/19/2010)

Nov. 19, 2010

Nov. 19, 2010

PACER
54

ORDER re 11/23/2010 telephone conference: Defendants may designate an additional expert; Interested party United States may designate an expert by 11/26/2010; The schedule for submission of expert reports and depositions of experts in Doc. 48 remains in effect; Parties may utilize court-provided video-conferencing facilities for depositions. The names of non-expert witnesses and planned exhibits must be disclosed by 12/7/2010. A telephone Status Conference is scheduled for 12/7/2010 at 9:00 AM. Signed by Judge Edmund A Sargus on 11/23/2010. (dh1) (Entered: 11/23/2010)

Nov. 23, 2010

Nov. 23, 2010

PACER
55

NOTICE of Appearance by Marlysha Myrthil for Interested Party United States of America (Myrthil, Marlysha) (Entered: 11/23/2010)

Nov. 23, 2010

Nov. 23, 2010

PACER
56

NOTICE of Appearance by Anika Gzifa for Interested Party United States of America (Gzifa, Anika) (Entered: 11/24/2010)

Nov. 24, 2010

Nov. 24, 2010

PACER
57

REPLY to Response to Motion re 45 MOTION to Intervene filed by Interested Party United States of America. (Attachments: # 1 Exhibit) (Gzifa, Anika) (Entered: 11/24/2010)

Nov. 24, 2010

Nov. 24, 2010

PACER
58

REPLY to Response to Motion re 45 MOTION to Intervene of United States filed by Plaintiffs Dawn Fiore-Bruno, Michael Reed, Robert Shreve, Michael Worley. (Perry, Jane) (Entered: 11/24/2010)

Nov. 24, 2010

Nov. 24, 2010

PACER
59

Motion to Intervene, filed by Fraternal Order of Police, Capital City Lodge No. 9. (Attachments: # 1 Exhibit Collective Bargaining Agreement, # 2 Exhibit Court Order) (Carnahan, Russell) Modified on 12/7/2010 to re-file as motion. (pes1). (Entered: 12/06/2010)

Dec. 6, 2010

Dec. 6, 2010

PACER
60

REPLY to Response to Motion re 36 MOTION for Partial Summary Judgment filed by Defendant Sheriff Franklin County. (Attachments: # 1 Exhibit DEposition of Robert Shreve) (Martin, Mary) (Entered: 12/06/2010)

Dec. 6, 2010

Dec. 6, 2010

PACER
61

ORDER re 12/07/2010 telephone conference: Parties may file objections to Fraternal Order of Police's Motion to Intervene by 12/14/2010; the FOP may respond to objections by 12/21/2010. The FOP shall notify the Court if it plans to designate an expert witness by 12/14/2010. Plaintiffs may supplement their witness list by 12/14/2010. A telephone Status Conference is scheduled for 12/21/2010 at 10:00 a.m. Signed by Judge Edmund A Sargus on 12/07/2010. (dh1) (Entered: 12/07/2010)

Dec. 7, 2010

Dec. 7, 2010

PACER
62

MOTION for Leave to File Amicus Brief by the National Fraternal Order of Police on Behalf of Defendants by Movant Fraternal Order of Police, Capital City Lodge No. 9. (James, Larry) (Entered: 12/08/2010)

Dec. 8, 2010

Dec. 8, 2010

PACER
63

NOTICE of TELEPHONE Status Conference set for Friday, 12/10/2010, 9:30 AM before Judge Edmund A Sargus. (aq1). (Entered: 12/09/2010)

Dec. 9, 2010

Dec. 9, 2010

PACER
64

ORDER resetting the preliminary injunction hearing from 01/10/2011 to Monday, 01/24/2011 at 9:00 a.m. Plaintiff and Interested Party the United States of America are permitted to depose up to 15 witnesses from the witness list submitted by Defendants. Signed by Judge Edmund A Sargus on 12/10/2010. (dh1) (Entered: 12/10/2010)

Dec. 10, 2010

Dec. 10, 2010

PACER
65

NOTICE of Appearance by Aaron S Fleisher for Interested Party United States of America (Fleisher, Aaron) (Entered: 12/10/2010)

Dec. 10, 2010

Dec. 10, 2010

PACER

Partial Filing fee: $ 4.00, receipt number 015214. (rew)

Dec. 10, 2010

Dec. 10, 2010

PACER
66

Unopposed MOTION to Amend/Correct 15 Amended Complaint, 1 Complaint, by Plaintiffs Dawn Fiore-Bruno, Michael Reed, Robert Shreve, Michael Worley. (Attachments: # 1 Exhibit Second Amended Complaint) (Perry, Jane) (Entered: 12/10/2010)

Dec. 10, 2010

Dec. 10, 2010

PACER
67

NOTICE of Appearance by Christina Corl for Movant Fraternal Order of Police, Capital City Lodge No. 9 (Corl, Christina) (Entered: 12/13/2010)

Dec. 13, 2010

Dec. 13, 2010

PACER
68

RESPONSE in Opposition re 59 MOTION to Intervene FOP as Defendant filed by Plaintiffs Dawn Fiore-Bruno, Michael Reed, Robert Shreve, Michael Worley. (Perry, Jane) (Entered: 12/13/2010)

Dec. 13, 2010

Dec. 13, 2010

PACER
69

OPINION AND ORDER: The Court GRANTS Plaintiffs' Motion for Class Certification and Appointment of Class Counsel 4 ; Interested Party the United States of America's Motion to Intervene 45 ; the Motion of the National Fraternal Order of Police to File an Amicus Brief on Behalf of Defendants 62 ; and Plaintiffs' Motion for Leave to File Second Amended Complaint 66 . Plaintiffs' Motion to Compel Inspection 14 is DISMISSED. The Clerk shall add the United States as a full party, Plaintiff-Intervenor to this action and enter the United States' Complaint in Intervention on the docket. The National Fraternal Order of Police may appear as an amicus curiae and file a brief and other memoranda of law on behalf of Defendants. A class consisting of "all persons who, now or at any future time during the pendency of this litigation, are or will be placed in the custody of the Franklin County Sheriff's Department at the Franklin County Corrections Centers" is hereby certified on a provisional basis and counsel for Plaintiffs are appointed class counsel to represent the class. Signed by Judge Edmund A Sargus on 12/14/2010. (dh1) (Entered: 12/14/2010)

Dec. 14, 2010

Dec. 14, 2010

Clearinghouse
70

Intervenor COMPLAINT by United States of America. (dh1) (Entered: 12/14/2010)

Dec. 14, 2010

Dec. 14, 2010

PACER
71

AMENDED COMPLAINT Second against Mark Barrett, Shannon Beaudry, Jason Brobst, Samuel Byrd, Debra Cantrell, Nathan Coleman, Joshua Crosby, Ben Damschroder, Steven Dean, James Dishong, Mark Eagan, Doug Edgington, Franklin County Ohio, Andrew Giles, Michael Herrell, James Jodrey, Clayton Kern, Elizabeth Klein, Nicholas Lapetina, Christopher Lee, Christopher Leonard, Stephan L Martin, Sam Montrose, Manley Morgan, Douglas Robinson, Jonathan Roush, Sheriff Franklin County, Derek Shively, Christopher Starner, Lee Vandette, Daniel Waldren, Nicholas Williams, Curtis Winn, Robert Forino, Stephanie Klumpp, Geoffrey Stobart, Charles Williamson, Amy Hanes, filed by Michael Reed, Robert Shreve, Michael Worley, Dawn Fiore-Bruno. (Perry, Jane) (Entered: 12/15/2010)

Dec. 15, 2010

Dec. 15, 2010

PACER
72

MOTION for Leave to Appear Pro Hac Vice of Michael A. Brave (Filing fee $ 200) by Defendants Franklin County Ohio, Sheriff Franklin County. (Attachments: # 1 Exhibit Certificate of Good Standing) (Soulas, Nick) (Entered: 12/15/2010)

Dec. 15, 2010

Dec. 15, 2010

PACER

PHV Filing fee re: 72 $ 200, receipt number COL15281 (pes1)

Dec. 15, 2010

Dec. 15, 2010

PACER
73

ORDER granting 72 Motion for Leave to Appear Pro Hac Vice of Michael A Brave on behalf of defendants Franklin County Ohio and the Franklin County Sheriff. Signed by Magistrate Judge Mark R. Abel on 12/16/10. (rew) (Entered: 12/16/2010)

Dec. 16, 2010

Dec. 16, 2010

PACER
74

REPLY to 68 Response to 59 MOTION to Intervene filed by Amicus Fraternal Order of Police, Capital City Lodge No. 9. (Carnahan, Russell) Modified text and created link on 12/23/2010 (er1). (Entered: 12/20/2010)

Dec. 20, 2010

Dec. 20, 2010

PACER
75

ORDER rescheduling preliminary injunction hearing to 01/26/2011 at 9:00 a.m.; scheduling mediation before Magistrate Judge Kemp for 01/14/2011 at 9:00 a.m.; and scheduling a telephone status conference for 01/04/2011 at 10:00 a.m. Signed by Judge Edmund A Sargus on 12/22/2010. (dh1) (Entered: 12/22/2010)

Dec. 22, 2010

Dec. 22, 2010

PACER
76

WAIVER OF SERVICE Returned Executed. Waiver sent to Robert Forino on 12/15/2010, answer due 2/14/2011; Stephanie Klumpp on 12/15/2010, answer due 2/14/2011; Geoffrey Stobart on 12/15/2010, answer due 2/14/2011; Charles Williamson on 12/15/2010, answer due 2/14/2011. (Perry, Jane) (Entered: 12/22/2010)

Dec. 22, 2010

Dec. 22, 2010

PACER
77

NOTICE by Defendants Franklin County Ohio, Sheriff Franklin County of Appearance of Michael A. Brave as Additional Counsel (Soulas, Nick) (Entered: 12/28/2010)

Dec. 28, 2010

Dec. 28, 2010

PACER
78

Unopposed MOTION for Extension of Time New date requested 1/31/2011. by Plaintiffs Dawn Fiore-Bruno, Michael Reed, Robert Shreve, Michael Worley. (Henry, Kristen) (Entered: 12/30/2010)

Dec. 30, 2010

Dec. 30, 2010

PACER
79

ORDER re preliminary injunction hearing: The Parties may file motions in limine, including motions pursuant to Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993) by 01/14/2011. Any responses to such motions shall be filed by 01/21/2011. Signed by Judge Edmund A Sargus on 01/04/2011. (dh1) (Entered: 01/04/2011)

Jan. 4, 2011

Jan. 4, 2011

PACER
80

ORDER granting 78 Plaintiffs' Unopposed Motion for Extension of Time in which to effect service of process upon Amy Hanes by 1/31/2011. Signed by Magistrate Judge Mark R. Abel on 1/4/2011. (er1) (Entered: 01/05/2011)

Jan. 4, 2011

Jan. 4, 2011

PACER
81

NOTICE of Appearance by Michelle Leung for Intervenor Plaintiff United States of America (Leung, Michelle) (Entered: 01/10/2011)

Jan. 10, 2011

Jan. 10, 2011

PACER
82

NOTICE of Appearance by Samantha Trepel for Intervenor Plaintiff United States of America (Trepel, Samantha) Modified on 1/11/2011 to correct text and to remove from motion calendar (jcw1). (Entered: 01/10/2011)

Jan. 10, 2011

Jan. 10, 2011

PACER
83

ORDER: Pursuant to the Court's oral decision on 01/07/2011, Michelle Leung is admitted to appear before this Court. Signed by Judge Edmund A Sargus on 01/11/2011. (dh1) (Entered: 01/11/2011)

Jan. 11, 2011

Jan. 11, 2011

PACER
84

NOTICE of Appearance by Kerry Kreutler Dean for Intervenor Plaintiff United States of America (Dean, Kerry) (Entered: 01/13/2011)

Jan. 13, 2011

Jan. 13, 2011

PACER
85

Joint MOTION in Limine to Exclude Testimony of Defendant Expert by Intervenor Plaintiff United States of America. (Attachments: # 1 Supplement Memo of Law in Support of Motion, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit) (Fleisher, Aaron) (Entered: 01/14/2011)

Jan. 14, 2011

Jan. 14, 2011

PACER

Settlement Conference held on 1/14/2011 before Magistrate Judge Terence P. Kemp. (jv)

Jan. 14, 2011

Jan. 14, 2011

PACER
86

NOTICE: Telephone Status Conference set for 1/21/2011, 10:00 AM before Judge Edmund A Sargus. (aq1) (Entered: 01/20/2011)

Jan. 20, 2011

Jan. 20, 2011

PACER
87

NOTICE of IN-PERSON Status Conference set for TUESDAY, 1/25/2011, 12:00 NOON in Chambers, Rm 301, before Judge Edmund A Sargus. (aq1) (Entered: 01/21/2011)

Jan. 21, 2011

Jan. 21, 2011

PACER
88

NOTICE of Appearance by Tammie Monique Gregg for Intervenor Plaintiff United States of America (Gregg, Tammie) (Entered: 01/21/2011)

Jan. 21, 2011

Jan. 21, 2011

PACER
89

NOTICE of Appearance by Sergio Perez for Intervenor Plaintiff United States of America (Perez, Sergio) (Entered: 01/21/2011)

Jan. 21, 2011

Jan. 21, 2011

PACER

Case Details

State / Territory: Ohio

Case Type(s):

Disability Rights

Criminal Justice (Other)

Key Dates

Filing Date: July 10, 2010

Closing Date: Feb. 6, 2014

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

individual plaintiffs and class

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Franklin County, Ohio, County

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Unreasonable search and seizure

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

Disability and Disability Rights:

Disability, unspecified

Discrimination Basis:

Disability (inc. reasonable accommodations)

Jails, Prisons, Detention Centers, and Other Institutions:

Assault/abuse by staff (facilities)