Case: John A and Mary B v. Castle

1:90-cv-00200 | U.S. District Court for the District of Delaware

Filed Date: May 1, 1990

Clearinghouse coding complete

Case Summary

On May 1, 1990, male and female youth confined at the Ferris School and Bridge House in Wilmington, Delaware, filed a class action lawsuit under 42 U.S.C. § 1983 against Youth Rehabilitation Services (YRS) and the State of Delaware in the U.S. District Court for the District of Delaware. The plaintiffs, represented by private counsel and the National Prison Project of the ACLU, asked the court for declaratory and injunctive relief, alleging that the defendants violated their Fourteenth Amendme…

On May 1, 1990, male and female youth confined at the Ferris School and Bridge House in Wilmington, Delaware, filed a class action lawsuit under 42 U.S.C. § 1983 against Youth Rehabilitation Services (YRS) and the State of Delaware in the U.S. District Court for the District of Delaware. The plaintiffs, represented by private counsel and the National Prison Project of the ACLU, asked the court for declaratory and injunctive relief, alleging that the defendants violated their Fourteenth Amendment rights to due process of law and to the least restrictive treatment under the least restrictive conditions, and under the Rehabilitation Act, 29 U.S.C. § 794. Specifically, the plaintiffs contended the defendants subjected the plaintiffs to overcrowding, fire safety hazards, unhealthy living conditions, inadequate medical care, abusive punishment, improper classification, inadequate education, lack of due process, restrictions on communication, inadequate nutrition and recreation. On January 10, 1992, the plaintiffs amended the complaint to expand the class and include more specific allegations with respect to (a) the physical environment, (b) living conditions, (c) physical and verbal abuse, (d) medical, dental and psychiatric care, (e) mental health care, programming and treatment, (e) classification, due process, and the grievance system, and (f) special education services. Further, the amended complaint added a First Amendment claim of right to access to the courts and families.

On January 16, 1992, the case was reassigned from Judge Caleb M. Wright to Judge Sue L. Robinson. On March 31, 1992, the case was reassigned from Judge Sue L. Robinson to Judge Roderick R. McKelvie.

On May 20, 1992, the District Court (Judge Roderick R. McKelvie) certified a class consisting of those presently or in the future confined at Ferris School or New Castle County Detention Center in Wilmington, Delaware.

While settlement negations proceeded, a trial was scheduled. Apparently, the Court would not allow a continuance, so the parties agreed to dismiss the case without prejudice to allow more time for settlement. This dismissal happened on May 3, 1993.

On joint motions, in January 1994, the case was restored to the active docket by vacation of the prior dismissal order.

The parties submitted their proposed settlement agreement. After a fairness hearing, on May 6, 1994, the District Court (Judge McKelvie) approved the settlement agreement and issued an order for dismissal without prejudice, finding the negotiated settlement agreement to be fair, reasonable and adequate as a basis for compromising the claims of the plaintiff class.

Under the settlement agreement, YRS agreed, for three years, (a) to follow stipulated policies on grievances, discipline, control and confinement, (b) to provide the plaintiffs with recreation, exercise, education, medical and mental health care, and (c) to do certain other things with respect to programming, staffing, life safety, sanitation and hygiene. Further, the settlement agreement required YRS to develop a plan to ensure compliance, including the appointment of a Monitor.

The dismissal order allowed the plaintiffs to move to reopen the case to request a court order for the performance of the agreement's terms.

We have no more information on this file.

Summary Authors

Josh Altman (5/31/2006)

People


Judge(s)

McKelvie, Roderick R. (Delaware)

Attorneys(s) for Plaintiff

Freeman, Alexa P. (District of Columbia)

Goddess, Jeffrey S. (Delaware)

Winter, Margaret (District of Columbia)

Wright, Claudia T. (District of Columbia)

Attorneys(s) for Defendant

Wilson, Gregg E. (Delaware)

Woolfolk, Aleph Ann (Delaware)

Other Attorney(s)

Active

Judge(s)

McKelvie, Roderick R. (Delaware)

Attorneys(s) for Plaintiff

Freeman, Alexa P. (District of Columbia)

Goddess, Jeffrey S. (Delaware)

Winter, Margaret (District of Columbia)

Wright, Claudia T. (District of Columbia)

Attorneys(s) for Defendant

Wilson, Gregg E. (Delaware)

Woolfolk, Aleph Ann (Delaware)

Other Attorney(s)

Rosenthal, Joseph A. (Delaware)

Documents in the Clearinghouse

Document

1:90-cv-00200

Docket [PACER]

John A. v. Castle

Oct. 2, 1997

Oct. 2, 1997

Docket
1

1:90-cv-00200

Complaint (Class Action)

John A. v. Castle

Nov. 1, 1990

Nov. 1, 1990

Complaint
19

1:90-cv-00200

Amended Complaint (Class Action)

John A. v. Castle

Jan. 10, 1992

Jan. 10, 1992

Complaint

1:90-cv-00200

Stipulation and Agreement for Settlement and Entry of Consent Decree (Class Action)

John A. v. Castle

June 1, 1993

June 1, 1993

Pleading / Motion / Brief

1:90-cv-00200

Consent Agreement and Decree (Class Action)

John A. v. Castle

Feb. 1, 1994

Feb. 1, 1994

Order/Opinion
50

1:90-cv-00200

Hearing Order (Class Action), and Notice to Class

John A. v. Castle

March 23, 1994

March 23, 1994

Order/Opinion
51

1:90-cv-00200

Settlement Agreement (Class Action)

John A. v. Castle

March 25, 1994

March 25, 1994

Settlement Agreement

1:90-cv-00200

Stipulation for Settlement (Class Action)

John A. v. Castle

March 25, 1994

March 25, 1994

Pleading / Motion / Brief
55

1:90-cv-00200

Final Judgment and Order of Dismissal (Class Action) (5-11-94)

John A. v. Castle

May 11, 1994

May 11, 1994

Order/Opinion

Resources

Docket

Last updated Aug. 11, 2022, 3:01 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed; FILING FEE $ 120.00 RECEIPT # 90170 (maw) (Entered: 02/15/1991)

May 1, 1990

May 1, 1990

12

STIPULATION w/ pro order, time to answer ext. to 2/7/91; defts. waive obj. to subst. of new class & to certification of pltfs' class on ground of delay. (maw) (Entered: 02/15/1991)

Jan. 7, 1991

Jan. 7, 1991

So Ordered granting [12-1] stipulation ( signed by Judge Caleb M. Wright ) Notice to all parties. (maw) (Entered: 02/15/1991)

Jan. 8, 1991

Jan. 8, 1991

Deadline updated; reset Answer deadline to 2/7/91 for Richard A. Shaw, for Patrick McCarthy, for Alfred Jackson, for Midge Holland, for Charles E. Hayward, for Michael N. Castle, for Gwendolyn Angalet (maw) (Entered: 02/15/1991)

Jan. 8, 1991

Jan. 8, 1991

13

STIPULATION, w/ pro order, time for defts. to answer ext. to 8/5/91, defts. waive obj. to subst. of new class representatives & to certification of pltfs' class on ground of delay. (maw) (Entered: 02/15/1991)

Feb. 6, 1991

Feb. 6, 1991

So Ordered granting [13-1] stipulation ( signed by Judge Caleb M. Wright ) Notice to all parties. (ko) (Entered: 02/21/1991)

Feb. 19, 1991

Feb. 19, 1991

14

MOTION by John A., Mary B., for Alexa P. Freeman to Appear Pro Hac Vice (maw) (Entered: 03/07/1991)

March 5, 1991

March 5, 1991

15

MOTION by John A., Mary B., for Elizabeth R. Alexander to Appear Pro Hac Vice (ko) (Entered: 03/11/1991)

March 11, 1991

March 11, 1991

So Ordered granting [14-1] motion for Alexa P. Freeman to Appear Pro Hac Vice ( signed by Judge Caleb M. Wright ) Notice to all parties. (ko) (Entered: 03/11/1991)

March 11, 1991

March 11, 1991

So Ordered granting [15-1] motion for Elizabeth R. Alexander to Appear Pro Hac Vice ( signed by Judge Caleb M. Wright ) Notice to all parties. (ko) (Entered: 03/12/1991)

March 12, 1991

March 12, 1991

16

STIPULATION & PRO. ORDER:resp. to complaint by 11/4/91; defts. waive any objection to substitution of new class representatives & to cert. of pltfs' class on grnd. of delay;either party may terminate this stip. upon 30 day notice to court & opposing cnsl. per conditions in stip. (bkb) (Entered: 08/06/1991)

Aug. 5, 1991

Aug. 5, 1991

17

STIPULATION re extension of time for defts to answer to 1/3/92; defts waive any objection to substitution of new class representatives; defts waive any objection to certification of pltfs' class on the ground of delay caused by enlargement of time; either party may terminate this stipulation upon 30 day notice provided that termination does not abrogate waivers in paragraphs 2 and 3 of this stipulation with proposed order (ko) (Entered: 11/08/1991)

Nov. 5, 1991

Nov. 5, 1991

So Ordered granting [17-1] stipulation ( signed by Judge Caleb M. Wright ) Notice to all parties. (ko) (Entered: 11/08/1991)

Nov. 5, 1991

Nov. 5, 1991

18

STIPULATION for plaintiff to file amended complaint 1/10/92; defendants shall answer amended complaint 2/24/92 with proposed order (ko) (Entered: 01/06/1992)

Jan. 3, 1992

Jan. 3, 1992

So Ordered granting [18-1] stipulation ( signed by Judge Caleb M. Wright ) Notice to all parties. (ko) (Entered: 01/10/1992)

Jan. 7, 1992

Jan. 7, 1992

19

AMENDED COMPLAINT by John A., Mary B. , (Answer due 1/20/92 for Richard A. Shaw, for Patrick McCarthy, for Alfred Jackson, for Midge Holland, for Charles E. Hayward, for Michael N. Castle, for Gwendolyn Angalet ) amending [1-1] complaint against Gertrude Holland, Henry Skip Keith (nj) (Entered: 01/15/1992)

Jan. 10, 1992

Jan. 10, 1992

Deadline updated; reset Answer deadline to 2/24/92 for Henry Skip Keith, for Gertrude Holland, for Richard A. Shaw, for Patrick McCarthy, for Alfred Jackson, for Midge Holland, for Charles E. Hayward, for Michael N. Castle, for Gwendolyn Angalet (bkb) (Entered: 01/15/1992)

Jan. 14, 1992

Jan. 14, 1992

20

CASE reassigned to Judge Sue L. Robinson (lm) (Entered: 01/16/1992)

Jan. 16, 1992

Jan. 16, 1992

21

ANSWER to Complaint by Patrick McCarthy, Richard A. Shaw, Gertrude Holland, Henry Skip Keith, Gwendolyn Angalet, Michael N. Castle, Charles E. Hayward, Midge Holland, Alfred Jackson (Attorney Ann Woolfolk), (lf) (Entered: 02/25/1992)

Feb. 24, 1992

Feb. 24, 1992

22

CASE reassigned from Judge Robinson to Judge Roderick R. McKelvie (lf) (Entered: 04/01/1992)

March 31, 1992

March 31, 1992

23

STATUS REPORT by Paul C., Edward D., Helen E., Max S. Bell Jr., John A., Mary B. (lf) (Entered: 04/27/1992)

April 24, 1992

April 24, 1992

24

MOTION by Paul C., Edward D., Helen E., Max S. Bell Jr., John A., Mary B. to Certify Class Opening brief due 5/8/92 re: [24-1] motion (lf) (Entered: 04/27/1992)

April 24, 1992

April 24, 1992

25

STIPULATED ORDER FOR CLASS CERTIFICATION; pro. order (ds) (Entered: 05/19/1992)

May 19, 1992

May 19, 1992

Scheduling conference held (ko) (Entered: 06/17/1992)

June 12, 1992

June 12, 1992

26

SCHEDULING ORDER setting Joining of parties,amending of pleadings on 1/28/93 ; Discovery cutoff 2/16/93 ; Deadline for filing dispositive motions 2/18/93 Pretrial conference for 4:00 4/6/93 ; Trial Date Deadline 9:15 4/19/93 ; Proposed Pretrial Order due on 4/1/93 ( signed by Judge Roderick R. McKelvie ) copies to: counsel (ko) (Entered: 06/17/1992)

June 15, 1992

June 15, 1992

Deadline updated; set Status Report deadline to 11/25/92 , set Status Conference for 4:00 12/2/92 (ko) (Entered: 06/17/1992)

June 15, 1992

June 15, 1992

27

INTERIM STATUS REPORT by John A., Mary B., Paul C., Edward D., Helen E., Max S. Bell Jr. (lg) (Entered: 11/25/1992)

Nov. 25, 1992

Nov. 25, 1992

28

Letter from G. Wilson to Judge McKelvie regarding the progress of the case in preparation for a status conference to be held 12/02/92. (lg) (Entered: 11/25/1992)

Nov. 25, 1992

Nov. 25, 1992

Status conference held w/Judge McKelvie - ct rptr V. Gunning (lg) (Entered: 12/03/1992)

Dec. 2, 1992

Dec. 2, 1992

29

Letter from Judge McKelvie to cnsl as a follow-up to 12/02/92 conference & to confirm an in-chambers conf @ 4pm on Thurs, 02/11/93. (lg) (Entered: 12/04/1992)

Dec. 4, 1992

Dec. 4, 1992

Deadline updated; set In-Chambers Status Conference for 4:00 2/11/93 , set Pretrial Conference for 3:00 4/13/93 , set Bench Trial for 9:15 beginning on 4/19/93 ending on 04/30/93 (lg) (Entered: 12/04/1992)

Dec. 4, 1992

Dec. 4, 1992

30

CERTIFICATE OF SERVICE by Gwendolyn Angalet, Michael N. Castle, Charles E. Hayward, Midge Holland, Alfred Jackson, Patrick McCarthy, Richard A. Shaw, Gertrude Holland, Henry Skip Keith copies Defts' 1st Set of Interrogs to Pltfs & 1st Set of Req for Prod of Docs. (lg) (Entered: 12/10/1992)

Dec. 9, 1992

Dec. 9, 1992

Deadline updated; set Telephone Conference for 8:30 1/29/93 (lg) (Entered: 01/25/1993)

Jan. 25, 1993

Jan. 25, 1993

31

Steno Notes for 01/29/93 telephone conf - ct rptr E. Maurer. (lg) (Entered: 02/02/1993)

Feb. 1, 1993

Feb. 1, 1993

Status conference held no court reporter was needed. (lg) (Entered: 02/16/1993)

Feb. 11, 1993

Feb. 11, 1993

32

CERTIFICATE OF SERVICE filed by State Defendants copies of Defts' Responses to Pltfs' First Set of Interrogs. (lg) (Entered: 02/23/1993)

Feb. 23, 1993

Feb. 23, 1993

33

Letter from Judge McKelvie to cnsl RE: withdrawal of lawsuit & re- filing at a later date. (lg) (Entered: 03/29/1993)

March 26, 1993

March 26, 1993

34

Letter from G. Wilson on behalf of all parties to Judge McKelvie in response to the Judge's 03/26/93 letter. (lg) (Entered: 04/05/1993)

April 2, 1993

April 2, 1993

36

STIPULATION of dismissal without prejudice with a proposed order. (lg) (Entered: 04/07/1993)

April 6, 1993

April 6, 1993

So Ordered [35-1] proposed confidentiality order ( signed by Judge Roderick R. McKelvie ) Notice to all parties. (lg) (Entered: 04/23/1993)

April 23, 1993

April 23, 1993

37

Letter to cnsl from Judge McKelvie w/copies of D.I. #35 so ordered. (lg) (Entered: 04/23/1993)

April 23, 1993

April 23, 1993

38

Letter from Judge McKelvie to cnsl re: Stipulation of Dismissal Without Prejudice filed with the Court. (lg) (Entered: 04/23/1993)

April 23, 1993

April 23, 1993

So Ordered granting [36-1] dismiss/dismissal stipulation See order for all information on conditions of settlement, etc. ( signed by Judge Roderick R. McKelvie ) Notice to all parties. (lg) (Entered: 05/03/1993)

May 3, 1993

May 3, 1993

Case closed (lg) (Entered: 05/03/1993)

May 3, 1993

May 3, 1993

39

Letter from J. Goddess to Judge McKelvie RE: 07/15/93 date for re-filing an identical complaint. (lg) (Entered: 07/14/1993)

July 13, 1993

July 13, 1993

40

Letter from Judge McKelvie to J. Goddess to acknowledge that he has received Mr. Goddess' 07/13/93 letter & that he does share the parties' view w/regard to the 07/15/93 date in the Stipulation. (lg) (Entered: 07/15/1993)

July 14, 1993

July 14, 1993

41

Letter from J. Goddess to Judge McKelvie requesting on behalf of pltf to hold a Rule 16(b) Scheduling Conference for the first week of January 1994 to resolve the issue of closing forms and procedure. (lg) (Entered: 12/27/1993)

Dec. 22, 1993

Dec. 22, 1993

Tele-conference held - ct rptr H. Conover. (lg) (Entered: 01/05/1994)

Jan. 5, 1994

Jan. 5, 1994

Tele-conference held - ct rptr H. Conover. (lg) (Entered: 01/14/1994)

Jan. 14, 1994

Jan. 14, 1994

42

Letter from Judge McKelvie to cnsl to follow up the 01/14/94 telephone conferende RE: Settlement. (lg) (Entered: 01/14/1994)

Jan. 14, 1994

Jan. 14, 1994

43

MOTION by Gwendolyn Angalet, Michael N. Castle, Charles E. Hayward, Midge Holland, Alfred Jackson, John A., Mary B., Patrick McCarthy, Richard A. Shaw, Gertrude Holland, Henry Skip Keith, Paul C., Edward D., Helen E., Max S. Bell Jr. with Proposed Order to Vacate Dismissal without prejudice (D.I. #36, as signed on 05/03/93) and restore case to the active docket with all antecedent orders and rulings valid and effective, including class certification (lg) (Entered: 01/20/1994)

Jan. 20, 1994

Jan. 20, 1994

So Ordered granting [43-1] motion to Vacate Dismissal without prejudice (D.I. #36, as signed on 05/03/93) and restore case to the active docket with all antecedent orders and rulings valid and effective, including class certification ( signed by Judge Roderick R. McKelvie ) Notice to all parties. (lg) (Entered: 01/20/1994)

Jan. 20, 1994

Jan. 20, 1994

44

TRANSCRIPT filed for dates of 02/14/94 telephone conference - ct rptr H. Conover. (lg) Modified on 02/03/1994 (Entered: 02/03/1994)

Feb. 2, 1994

Feb. 2, 1994

45

Letter from Jeffrey S. Goddess to Judge McKelvie RE: Changes to the Consent Agreement and Decree. (lg) (Entered: 02/08/1994)

Feb. 7, 1994

Feb. 7, 1994

46

Notice of Deficiency from the court to Jeffrey S. Goddess, Esq. for the 02/07/94 Letter. The letter failed to indicated the method of delivery to all local counsel and the Court. (lg) (Entered: 02/08/1994)

Feb. 8, 1994

Feb. 8, 1994

47

MOTION by John A., Mary B., Paul C., Edward D., Helen E., Max S. Bell Jr. with Proposed Order for Margaret Winter to Appear Pro Hac Vice (lg) (Entered: 02/15/1994)

Feb. 14, 1994

Feb. 14, 1994

So Ordered granting [47-1] motion for Margaret Winter to Appear Pro Hac Vice ( signed by Judge Roderick R. McKelvie ) Notice to all parties. (lg) (Entered: 02/16/1994)

Feb. 16, 1994

Feb. 16, 1994

48

Proposed NOTICE to All Youth at Ferris School and New Castle County Detention Center. (lg) (Entered: 02/17/1994)

Feb. 17, 1994

Feb. 17, 1994

Tele-conference held - ct rptr V. Gunning. (lg) (Entered: 03/02/1994)

March 2, 1994

March 2, 1994

49

Steno Notes for 01/05/94 - ct rptr H. Conover (lg) (Entered: 03/23/1994)

March 23, 1994

March 23, 1994

50

Proposed Hearing Order filed by all parties. Please see order for details on the proposed settlement agreement, the May 6, 1994, 10:00 a.m. hearing date, etc. (lg) (Entered: 03/28/1994)

March 25, 1994

March 25, 1994

51

SETTLEMENT AGREEMENT (lg) (Entered: 03/28/1994)

March 25, 1994

March 25, 1994

So Ordered [50-1] proposed order ( signed by Judge Roderick R. McKelvie ) Notice to all parties. (lg) (Entered: 03/28/1994)

March 28, 1994

March 28, 1994

Deadline updated; Motion Hearing set for May 6, 1994 at 10:00 a.m. in Courtroom #6 for the purpose of determining whether the proposed settlement is fair, reasonable and adequate as a basis for compromising the claims of the Class. (lg) (Entered: 03/28/1994)

March 28, 1994

March 28, 1994

52

MEMORANDUM by John A., Mary B., Paul C., Edward D., Helen E., Max S. Bell Jr. in support of [51-1] remark Approval of Class Action Settlement. (lg) (Entered: 05/02/1994)

April 29, 1994

April 29, 1994

Motion hearing held RE: Settlement Agreement - ct rptr K. Maurer. (lg) (Entered: 05/06/1994)

May 6, 1994

May 6, 1994

53

STIPULATION/Agreement of Settlement - See Agreement for Terms. (lg) (Entered: 05/06/1994)

May 6, 1994

May 6, 1994

54

STIPULATION/Agreement of Settlement - See Agreement for Terms. (lg) (Entered: 05/06/1994)

May 6, 1994

May 6, 1994

55

ORDER Final Judgment and Order of Dismissal - Judge McKelvie found the negotiated settlement agreement to be fair, resonable and adequate as a basis for compromising the claims of the pltf Class, and he approved it. Atty's fees and costs set forth in the agreement are reasonable and consistent with the negotiated settlement. This action is DISMISSED, WITHOUT PREJUDICE. Pltfs may move to reopen this case/to request that the Court order the performance of the negotiated settlement agreement. See Order for More Information. ( signed by Judge Roderick R. McKelvie ) copies to: Woolfolk, Wilson & Goddess (lg) (Entered: 05/06/1994)

May 6, 1994

May 6, 1994

Case closed (lg) (Entered: 05/06/1994)

May 6, 1994

May 6, 1994

56

Steno Notes by Kevin Maurer. (lg) (Entered: 05/12/1994)

May 6, 1994

May 6, 1994

57

Steno Notes for 01/14/94 - ct rptr H. Conover (lg) (Entered: 06/06/1994)

June 3, 1994

June 3, 1994

58

Letter dated 9/30/97 from G. Wilson, Esq. and A. Woolfolk, Esq. to Judge McKelvie encl. copy of Agreement of Final Settlement and final monitoring report re litigation has been fully resolved. (ntl) (Entered: 10/03/1997)

Oct. 2, 1997

Oct. 2, 1997

Case Details

State / Territory: Delaware

Case Type(s):

Juvenile Institution

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: May 1, 1990

Case Ongoing: No

Plaintiffs

Plaintiff Description:

youth confined at the Ferris School and Bridge House in Wilmington, Delaware

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

ACLU National Prison Project

Public Interest Lawyer: Yes

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Delaware Department of Corrections, Department of Youth Rehabilitation Services (Wilmington), State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1994 - 0

Issues

General:

Classification / placement

Disciplinary procedures

Education

Fire safety

Food service / nutrition / hydration

Mail

Phone

Recreation / Exercise

Sanitation / living conditions

Totality of conditions

Medical/Mental Health:

Dental care

Medical care, general

Mental health care, general

Type of Facility:

Government-run