Case: T.Y. v. Shawnee County

5:94-cv-04079 | U.S. District Court for the District of Kansas

Filed Date: May 19, 1994

Closed Date: 1996

Clearinghouse coding complete

Case Summary

On May 19, 1994, boys and girls incarcerated at the Shawnee County Youth Center in Topeka, Kansas, filed a class action lawsuit against the county commissioners, the county director of the department of corrections, and the administrator of the Youth Center. The class named included present and future children at the Youth Center; the lawsuit was filed in the U.S. District Court for the District of Kansas under 42 U.S.C § 1983. The plaintiffs alleged that the totality of the conditions viola…

On May 19, 1994, boys and girls incarcerated at the Shawnee County Youth Center in Topeka, Kansas, filed a class action lawsuit against the county commissioners, the county director of the department of corrections, and the administrator of the Youth Center. The class named included present and future children at the Youth Center; the lawsuit was filed in the U.S. District Court for the District of Kansas under 42 U.S.C § 1983. The plaintiffs alleged that the totality of the conditions violated the their constitutional rights and they asked the court for declaratory and injunctive relief. The plaintiffs, represented by Kansas Legal Services and private counsel, sought to change the center's policies on medical and mental health treatment, education, visitation and mail, and access to lawyers. They also challenged the adequacy and training of the center's staff, the use of force against the juveniles, and the Center's overpopulation. (The plaintiffs filed an Amended Complaint in June.)

On July 5, 1994, the Shawnee County defendants filed a third-party complaint against the Kansas Department of Rehabilitation Services. All of the parties involved agreed to enter a Joint Stipulation on Partial Settlement on July 26, 1994, to resolve the issues of isolation and restraint use, medical care and treatment, and attorney-client communication. The defendants agreed to use behavioral isolation for the shortest duration possible, not to exceed one hour unless the behavior problem continued, and only when residents were a threat to themselves or others. Physical restraint would be used only when a child acted in a dangerous manner, and not as a form of discipline or punishment. In addition, the defendants agreed to complete a health history assessment upon a child's admission to the Youth Center, and to provide medication and dental screenings. (Page 8 of the Stipulation, which contains specific provisions regarding attorney-client communications, is missing.) The court (Judge Dale E. Saffels) approved the Partial Settlement on August 2, 1994.

The parties continued to negotiate settlement of the Youth Center's overcrowding problems. On November 21, 1994, they entered into a Joint Stipulation of Partial Settlement, which the court (Judge Saffels) approved the same day. The Stipulation provided guidelines for the maximum number of children confined at the Youth Center: not to exceed 25, except in emergencies. The Department of Social and Rehabilitation Services agreed to remove any juvenile offender committed directly by a court to the Youth Center within 72 hours of placement and upon receipt of the necessary documents, excluding weekends and holidays. The Department also agreed to remove certain offenders within 48 hours, and children-in-need-of-care within 24 hours. Finally, the Stipulation created a Task Force to monitor the facility and to develop ways to expedite the movement of children through the court system.

The parties entered into a Consent Degree and Settlement Agreement, which the court (Judge Saffels) approved on July 28, 1995. The Consent Decree outlined policies to address most problems adduced in the Amended Complaint, including overcrowding; sanitation and safety; dress; the use of isolation and restraint; food service; mail and visitation; attorney-client communications; health care; the adequacy of staff; and education. The Consent Decree also provided for a monitor, Bruce Linhos, to ensure its implementation.

The court ruled on December 29, 1995, that the plaintiffs were entitled to recover attorney fees as the prevailing parties. T.Y. by Petty v. Bd. of Cty. Com'rs Shawnee Cty., 912 F. Supp. 1416 (D. Kan. 1995). Subsequent decision denying reconsideration, T.Y. by Petty v. Bd. of Cty. Com'rs, 926 F. Supp. 162 (D. Kan. 1996).

On November 21, 1995, the plaintiffs filed a motion for an order requiring the defendants to show cause why they should not be held in contempt for disobeying the Settlement Agreement and Consent Decree. They claimed that the defendants' policies regarding communications with the monitor made it impossible for a Youth Center resident to communicate with the monitor without the defendants' knowledge, which inhibited the residents' willingness to question compliance and destroyed confidentiality. The court (Judge Saffels), on January 17, 1996, issued a ruling requiring the defendants to change their policy regarding communications with the monitor, because that policy was neither negotiated by the parties nor approved by the court. However, the court denied the plaintiffs' motion for a contempt order, because they had not demonstrated that such a severe sanction was warranted at this time. T.Y. by Petty v. Bd. of Cty. Com'rs Shawnee Cty., 912 F. Supp. 1424 (D. Kan. 1996).

Our Pacer docket indicates that this case was closed in 1996.

Summary Authors

Kristen Sagar (11/4/2007)

People


Judge(s)

Saffels, Dale Emerson (Kansas)

Attorneys(s) for Plaintiff

Hyland, Charles J. (Missouri)

Jones, Judith A (Kansas)

Rute, Larry R. (Kansas)

York, Claudia J. (Missouri)

Attorneys(s) for Defendant

Bennett, Mark L. Jr. (Kansas)

Ensley, John D. (Kansas)

George, Michael (Kansas)

Hoover, Ann L. (Kansas)

Jacquot, Sandra L. (Kansas)

Judge(s)

Saffels, Dale Emerson (Kansas)

Attorneys(s) for Plaintiff

Hyland, Charles J. (Missouri)

Jones, Judith A (Kansas)

Rute, Larry R. (Kansas)

York, Claudia J. (Missouri)

Attorneys(s) for Defendant

Bennett, Mark L. Jr. (Kansas)

Ensley, John D. (Kansas)

George, Michael (Kansas)

Hoover, Ann L. (Kansas)

Jacquot, Sandra L. (Kansas)

Palmer, Arthur E. (Kansas)

Smith, Kenneth R. (Kansas)

Valdovinos, Susana L (Kansas)

Voldovinos, Susana L. (Kansas)

Expert/Monitor/Master

Newman, Robert B. (Ohio)

Documents in the Clearinghouse

Document

5:94-cv-04079

Docket [PACER]

Petty v. Shawnee County, KS

Jan. 7, 1997

Jan. 7, 1997

Docket
4

5:94-cv-04079

Amended Complaint Class Action

June 3, 1994

June 3, 1994

Complaint
57

5:94-cv-04079

Order

Aug. 2, 1994

Aug. 2, 1994

Order/Opinion
56

5:94-cv-04079

Joint Stipulation of Partial Settlement of Motion for Preliminary Injunction

Aug. 2, 1994

Aug. 2, 1994

Pleading / Motion / Brief

5:94-cv-04079

Correspondence

Sept. 14, 1994

Sept. 14, 1994

Correspondence
96

5:94-cv-04079

Joint Stipulation of Partial Settlement

Nov. 21, 1994

Nov. 21, 1994

Pleading / Motion / Brief
97

5:94-cv-04079

Order

Nov. 21, 1994

Nov. 21, 1994

Order/Opinion

5:94-cv-04079

Correspondence

June 1, 1995

June 1, 1995

Correspondence
117

5:94-cv-04079

Settlement Agreement and Consent Decree

July 28, 1995

July 28, 1995

Settlement Agreement

5:94-cv-04079

Correspondence

Aug. 9, 1995

Aug. 9, 1995

Correspondence

Resources

Docket

Last updated June 6, 2022, 3:14 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT w/designation of place of trial - ; Summons(es) issued; Jury Demand ( case referred to Magistrate Judge Ronald Newman (SAL) (Entered: 05/20/1994)

May 19, 1994

May 19, 1994

FILING FEE PAID: on 5/19/94 in the amount of $ 120.00, receipt # 033700. (SAL) (Entered: 05/20/1994)

May 19, 1994

May 19, 1994

2

MOTION by plaintiffs for attorney Claudia J. York to appear pro hac vice; referred to Magistrate Judge Ronald Newman (LAK) (Entered: 05/20/1994)

May 19, 1994

May 19, 1994

FILING FEE PAID on 5/19/94 in the amount of $ 25.00, receipt # 033701 for pro hac vice fees for Claudia J. York (LAK) (Entered: 05/20/1994)

May 19, 1994

May 19, 1994

3

ORDER ENTERED: by Magistrate Judge Ronald Newman granting motion for attorney Claudia J. York to appear pro hac vice; [2-1] (cc: all counsel) (CEL) (Entered: 05/23/1994)

May 23, 1994

May 23, 1994

4

AMENDED COMPLAINT [1-1] by plaintiffs (DO) (Entered: 06/06/1994)

June 3, 1994

June 3, 1994

9

ACCEPTANCE/ACKNOWLEDGEMENT OF SERVICE by defendant Earl Hindman on 5/20/94 summons attached (DO) (Entered: 06/21/1994)

June 20, 1994

June 20, 1994

SUMMONS issued as to defendant Shawnee County, KS (LAK) Modified on 06/21/1994 (Entered: 06/21/1994)

June 21, 1994

June 21, 1994

SUMMONS issued as to defendants on amended complaint (LAK) (Entered: 06/21/1994)

June 21, 1994

June 21, 1994

5

RETURN OF SERVICE executed upon defendant Victor W Miller on 5/19/94 by certified mail (LAK) (Entered: 06/21/1994)

June 21, 1994

June 21, 1994

6

RETURN OF SERVICE executed upon defendant Donald J Cooper on 5/19/94 by certified mail (LAK) (Entered: 06/21/1994)

June 21, 1994

June 21, 1994

7

RETURN OF SERVICE executed upon defendant Winifred Kingman on 5/19/94 by certified mail (ICMSUSER) (Entered: 06/21/1994)

June 21, 1994

June 21, 1994

8

RETURN OF SERVICE executed upon defendant Gary (nmi) Bayens on 5/19/94 by certified mail (ICMSUSER) (Entered: 06/21/1994)

June 21, 1994

June 21, 1994

10

RETURN OF SERVICE executed upon defendant Earl Hindman, Director of Shawnee Cty Dept of Corr on 6/21/94 (CEL) (Entered: 06/21/1994)

June 21, 1994

June 21, 1994

11

RETURN OF SERVICE executed upon defendant Gary Bayens, Administrator of Shawnee Cty Youth Ctr on 6/21/94 (CEL) (Entered: 06/21/1994)

June 21, 1994

June 21, 1994

12

RETURN OF SERVICE executed upon defendant Winifred Kingman, Shawnee Cty Commissioner on 6/21/94 (CEL) (Entered: 06/21/1994)

June 21, 1994

June 21, 1994

13

RETURN OF SERVICE executed upon defendant Victor W Miller, Vice-Chairman Shawnee Cty Commission on 6/21/94 (CEL) (Entered: 06/21/1994)

June 21, 1994

June 21, 1994

14

RETURN OF SERVICE executed upon defendant Donald J Cooper, Shawnee Cty Commission on 6/21/94 (CEL) (Entered: 06/21/1994)

June 21, 1994

June 21, 1994

16

ENTRY OF APPEARANCE for defts Shawnee County, KS, Earl Hindman, Gary (nmi) Bayens by Ann L. Hoover & Mark L. Bennett Jr. (LAK) (Entered: 06/22/1994)

June 21, 1994

June 21, 1994

17

ENTRY OF APPEARANCE for defts Shawnee County, KS, Earl Hindman, Gary (nmi) Bayens by Sandra L. Jacquot & Susana L. Valdovinos (LAK) (Entered: 06/22/1994)

June 21, 1994

June 21, 1994

18

MOTION by plaintiffs for preliminary injunction referred to Senior Judge Dale E. Saffels (CEL) (Entered: 06/23/1994)

June 23, 1994

June 23, 1994

19

MEMORANDUM in support by plaintiffs re: [18-1] motion for preliminary injunction referred to Senior Judge Dale E. Saffels [18-1] (CEL) (Entered: 06/23/1994)

June 23, 1994

June 23, 1994

20

NOTICE of hearing on motion of pltf for preliminary injunction before Hon. Senior Judge Dale E. Saffels on 7/27/94 at 9:00 a.m. [18-1] (cc: all counsel) (CEL) (Entered: 07/01/1994)

June 30, 1994

June 30, 1994

21

THIRD-PARTY COMPLAINT: - by defendants against SRS, Donna L Whiteman, USD 501 Topeka (MB) (Entered: 07/06/1994)

July 5, 1994

July 5, 1994

SUMMONS issued as to third-party defendants (MB) (Entered: 07/06/1994)

July 5, 1994

July 5, 1994

22

ANSWER - by defendant to amended complaint [4-1] (MB) (Entered: 07/06/1994)

July 5, 1994

July 5, 1994

23

MOTION by defendants to continue the hearing on pltf's motion for a preliminary injunction currently set for 7/27/94, referred to Senior Judge Dale E. Saffels (DO) (Entered: 07/08/1994)

July 7, 1994

July 7, 1994

24

MEMORANDUM/BRIEF in support by defendants of motion to continue the hearing on pltf's motion for a preliminary injunction currently set for 7/27/94, referred to Senior Judge Dale E. Saffels [23-1] (DO) (Entered: 07/08/1994)

July 7, 1994

July 7, 1994

25

MOTION by defendants & third-party plaintiffs to extend time additional (2) days to 7/15/94 to respond to pltfs' motion for preliminary injunction referred to Senior Judge Dale E. Saffels (CEL) (Entered: 07/12/1994)

July 11, 1994

July 11, 1994

26

RESPONSE by plaintiffs to defts' motion to continue the hearing on pltf's motion for a preliminary injunction currently set 7/27/94, referred to Senior Judge Dale E. Saffels [23-1] (CEL) (Entered: 07/13/1994)

July 13, 1994

July 13, 1994

27

ORDER ENTERED: by Senior Judge Dale E. Saffels granting defts & 3rd party pltfs' motion to extend time to 7/15/94 to respond to pltfs' motion for preliminary injunction [25-1] (cc: all counsel) (CEL) (Entered: 07/13/1994)

July 13, 1994

July 13, 1994

28

MOTION by plaintiffs for order requesting class certification referred to Senior Judge Dale E. Saffels (CEL) (Entered: 07/15/1994)

July 14, 1994

July 14, 1994

29

MEMORANDUM in support by plaintiff re: pltf's motion for order requesting class certification referred to Senior Judge Dale E. Saffels [28- 1] (CEL) (Entered: 07/15/1994)

July 14, 1994

July 14, 1994

30

RESPONSE by defendants & third-party plaintiffs to motion for preliminary injunction referred to Senior Judge Dale E. Saffels [18-1] (CEL) (Entered: 07/19/1994)

July 15, 1994

July 15, 1994

31

REPLY by defendants & third-party plaintiffs to pltfs' response to motion for continuance [26-1] (CEL) (Entered: 07/19/1994)

July 15, 1994

July 15, 1994

32

RETURN OF SERVICE of notice of summons & third-party complaint executed upon third-party defendant SRS Legal Division on 7/7/94 (CEL) (Entered: 07/19/1994)

July 18, 1994

July 18, 1994

33

RETURN OF SERVICE of summons & third-party complaint executed upon third-party defendant Board of Education USD 501 Topeka on 7/6/94 (CEL) (Entered: 07/19/1994)

July 18, 1994

July 18, 1994

34

SUPPLEMENTAL REPLY by defendants & third-party plaintiffs to pltfs' response to motion for continuance [31-1] (CEL) (Entered: 07/20/1994)

July 19, 1994

July 19, 1994

35

MINUTE ORDER - ENTERED: by Clerk denying defts' motion to continue the hearing on pltf's motion for a preliminary injunction currently set for 7/27/94 [23-1] (cc: all counsel) (CEL) (Entered: 07/20/1994)

July 19, 1994

July 19, 1994

36

CLERK'S ORDER ENTERED: granting deft an additional (10) days to 8/5/94 to answer or otherwise plead to 3rd-Party Complaint (cc: all counsel) (CEL) (Entered: 07/21/1994)

July 20, 1994

July 20, 1994

37

ANSWER - by third-party defendants State of KS dept of SRS & Donna L Whiteman to third-party complaint [21-1] (CEL) (Entered: 07/22/1994)

July 21, 1994

July 21, 1994

38

MOTION/APPLICATION by plaintiffs for order re: petition for habeas corpus ad testificandum naming Sabrina Stonebarger referred to Senior Judge Dale E. Saffels (CEL) (Entered: 07/22/1994)

July 21, 1994

July 21, 1994

39

MOTION/APPLICATION by plaintiffs for order re: petition for habeas corpus ad testificandum naming Joel D. Collins referred to Senior Judge Dale E. Saffels (CEL) (Entered: 07/22/1994)

July 21, 1994

July 21, 1994

40

MOTION/APPLICATION by plaintiffs for order re: petition for habeas corpus ad testificandum naming Bilal A. Adams referred to Senior Judge Dale E. Saffels (CEL) (Entered: 07/22/1994)

July 21, 1994

July 21, 1994

41

MOTION/APPLICATION by plaintiffs for order re: petition for habeas corpus ad testificandum naming Antawin B. Lyons referred to Senior Judge Dale E. Saffels (CEL) (Entered: 07/22/1994)

July 21, 1994

July 21, 1994

42

ORDER ENTERED: by Senior Judge Dale E. Saffels granting pltfs' motion for order re: petition for habeas corpus ad testificandum naming Joel D. Collins scheduled for 7/27/94 at 9:00 a.m.; Writ issued to USM on 7/25/94 [39-1] (cc: all counsel) (CEL) Modified on 07/25/1994 (Entered: 07/25/1994)

July 22, 1994

July 22, 1994

43

ORDER ENTERED: by Senior Judge Dale E. Saffels granting pltfs' motion for order re: petition for habeas corpus ad testificandum naming Bilal A. Adams scheduled for 7/27/94 at 9:00 a.m.; Writ issued to USM on 7/25/94 [40-1] (cc: all counsel) (CEL) (Entered: 07/25/1994)

July 22, 1994

July 22, 1994

44

ORDER ENTERED: by Senior Judge Dale E. Saffels granting pltfs' motion for order re: petition for habeas corpus ad testificandum naming Sabrina Stonebarger scheduled for 7/27/94 at 9:00 a.m.; Writs issued to USM 7/25/94 [38-1] (cc: all counsel) (CEL) (Entered: 07/25/1994)

July 22, 1994

July 22, 1994

45

ORDER ENTERED: by Senior Judge Dale E. Saffels granting pltfs' motion for order re: petition for habeas corpus ad testificandum naming Antawin B. Lyons scheduled for 7/27/94 at 9:00 a.m.; Writ issued to USM on 7/25/94 [41-1] (cc: all counsel) (CEL) (Entered: 07/25/1994)

July 22, 1994

July 22, 1994

46

MOTION by defendants to dismiss w/memorandum in support attached referred to Senior Judge Dale E. Saffels (CEL) (Entered: 07/25/1994)

July 22, 1994

July 22, 1994

47

ATTORNEY APPEARANCE for third-party defendants SRS & Donna L Whiteman by Michael George (MB) (Entered: 07/26/1994)

July 25, 1994

July 25, 1994

50

RETURN OF SERVICE on 7/20/94 by plaintiffs of subpoena to testify naming Johnnie C. Shears on 7/27/94 at 9:00 a.m. (CEL) (Entered: 07/28/1994)

July 25, 1994

July 25, 1994

51

RETURN OF SERVICE on 7/22/94 by plaintiffs of subpoena to testify naming Chris Ross-Baze of KS Dept of Health & Environment on 7/28/94 at 9:00 a.m. (CEL) (Entered: 07/28/1994)

July 25, 1994

July 25, 1994

52

RETURN OF SERVICE on 7/21/94 by plaintiffs of subpoena to testify naming Larry J. Huggins on 7/27/94 at 9:00 a.m. (CEL) (Entered: 07/28/1994)

July 25, 1994

July 25, 1994

53

RETURN OF SERVICE on 7/25/94 by plaintiffs of subpoena to testify naming Gary Bayens, Administrator, Shawnee Cty Youth Ctr on 7/27, 28, 29, 1994 at 9:00 a.m. (CEL) (Entered: 07/28/1994)

July 25, 1994

July 25, 1994

48

MOTION by third-party defendants SRS & Donna L Whiteman to dismiss for lack of jurisdiction referred to Senior Judge Dale E. Saffels (MB) (Entered: 07/27/1994)

July 26, 1994

July 26, 1994

49

MEMORANDUM in support by third-party defendants SRS & Donna L Whiteman re: motion to dismiss for lack of jurisdiction referred to Senior Judge Dale E. Saffels [48-1] (MB) (Entered: 07/27/1994)

July 26, 1994

July 26, 1994

54

RESPONSE by defendants & third-party plaintiffs to motion for order requesting class certification w/exhibit of Affidavit of Sally Bartlett attached [28-1] (CEL) (Entered: 07/28/1994)

July 26, 1994

July 26, 1994

55

MINUTE SHEET: on Settlement Hrg - Topeka, KS - Before Senior Judge Dale E. Saffels; Parties submit proposed stipulation for partial dismissal for court approval; Court approves document; Parties allowed to close of business 7/29/94 to submit final draft of stipulation for execution by court; Court further directs parties are granted (30) days to 8/29/94 to resolve remaining issue in case; If resolution cannot be reached a preliminary injunction hrg is scheduled for 9/1/94 at 9:00 a.m.; (Lyon, CSR) (CEL) (Entered: 07/28/1994)

July 27, 1994

July 27, 1994

56

JOINT STIPULATION of partial settlement by plaintiffs, defendants & third-party plaintiffs w/an effective date of 8/1/94 re: [18-1] re motion for preliminary injunction referred Senior Judge Dale E. Saffels [18-1] (CEL) (Entered: 08/02/1994)

Aug. 2, 1994

Aug. 2, 1994

57

ORDER ENTERED: by Senior Judge Dale E. Saffels granting joint stipulation of partial settlement of motion for preliminary injunction; Parties given until 8/29/94 to reach agreement on remaining issue of overcrowding at SCYC facility; If parties are unable to reach agreement a hrg on the pltfs' motion for a preliminary injunction with respect to issue of overcrowding at SCYC facilty will be held before this court on 9/1/94 at 9:00 a.m. [56-1] (cc: all counsel) (CEL) (Entered: 08/02/1994)

Aug. 2, 1994

Aug. 2, 1994

58

ANSWER TO THIRD PARTY COMPLAINT re: [21-1] by third-party defendant USD 501 Topeka (CEL) (Entered: 08/09/1994)

Aug. 5, 1994

Aug. 5, 1994

59

RESPONSE by plaintiffs to motion to dismiss referred to Senior Judge Dale E. Saffels [46-1] (CEL) (Entered: 08/09/1994)

Aug. 5, 1994

Aug. 5, 1994

60

MOTION by third-party defendants SRS & Donna L Whiteman for order denying certification of lawsuit as a class action referred to Senior Judge Dale E. Saffels (MB) (Entered: 08/09/1994)

Aug. 5, 1994

Aug. 5, 1994

60

MOTION by third-party defendants SRS & Donna L Whiteman to dismiss them as parties referred to Senior Judge Dale E. Saffels (MB) (Entered: 08/09/1994)

Aug. 5, 1994

Aug. 5, 1994

61

MEMORANDUM in opposition by third-party defendants SRS & Donna L Whiteman re: motion for order requesting class certification referred to Senior Judge Dale E. Saffels [28-1] (MB) (Entered: 08/09/1994)

Aug. 5, 1994

Aug. 5, 1994

62

REPLY by plaintiff to defts' response to pltfs' motion for order requesting class certification referred to Senior Judge Dale E. Saffels [28-1] (MB) (Entered: 08/09/1994)

Aug. 5, 1994

Aug. 5, 1994

63

RESPONSE by plaintiffs re: third-party defts' memorandum in opposition to class certification [61-1] (CEL) (Entered: 08/12/1994)

Aug. 12, 1994

Aug. 12, 1994

71

NOTICE of hearing re: preliminary injunction hrg before Senior Judge Dale E. Saffels rescheduled to 10/11/94 at 9:00 a.m. (cc: all counsel) (CEL) (Entered: 09/01/1994)

Aug. 21, 1994

Aug. 21, 1994

64

MOTION by defendants and third-party plaintiffs Board of County Comm of Shawnee County, Cooper, Miller, Kingman, Hindman and Bayens to extend time until 8/24/94 to file a reply to pltfs' response to motion to dismiss, referred to Senior Judge Dale E. Saffels (DO) (Entered: 08/23/1994)

Aug. 22, 1994

Aug. 22, 1994

65

ORDER ENTERED: by Senior Judge Dale E. Saffels granting defts & third-party pltfs' motion to extend time until 8/24/94 to file a reply to pltfs' response to motion to dismiss [64-1] (cc: all counsel) (CEL) (Entered: 08/24/1994)

Aug. 24, 1994

Aug. 24, 1994

66

RESPONSE by defendants & third-party plaintiffs to reply to motion to dismiss referred to Senior Judge Dale E. Saffels [46-1] (CEL) (Entered: 08/24/1994)

Aug. 24, 1994

Aug. 24, 1994

67

ORDER ENTERED: by Magistrate Judge Ronald Newman: Scheduling Conference set 10/5/94 @ 11:00 a.m. (cc: all counsel) (CAM) (Entered: 08/25/1994)

Aug. 25, 1994

Aug. 25, 1994

68

RETURN OF SERVICE 8/30/94 by Chris Ross-Baze, KS Dept Of Health & Environment of subpoena to testify (CEL) (Entered: 08/30/1994)

Aug. 30, 1994

Aug. 30, 1994

69

PETITION by plaintiffs for Habeas Corpus Ad Testificandum to produce Bilal A. Adams for a preliminary injunction set for 9/1/94 at 9:00 a.m. (CEL) (Entered: 08/30/1994)

Aug. 30, 1994

Aug. 30, 1994

70

ORDER ENTERED: by Senior Judge Dale E. Saffels In-court hearing re: preliminary injunction rescheduled to 10/11/94 at 9:00 a.m. (cc: all counsel) (CEL) (Entered: 09/01/1994)

Aug. 31, 1994

Aug. 31, 1994

72

MOTION by third-party defendant SRS for order to exclude expert testimony or to compel discovery referred to Magistrate Judge Ronald Newman (CEL) (Entered: 09/16/1994)

Sept. 16, 1994

Sept. 16, 1994

73

MEMORANDUM in support by third-party defendant SRS re: [72-1] motion for order to exclude expert testimony or to compel discovery referred to Magistrate Judge Ronald Newman [72-1] (CEL) (Entered: 09/16/1994)

Sept. 16, 1994

Sept. 16, 1994

74

MOTION by third-party defendant SRS to withdraw motion to exclude expert testimony or to compel discovery [72-1] & Memorandum of law in support of motion to exclude testimony or to compel discovery [73-1] referred to Magistrate Judge Ronald Newman (CEL) (Entered: 09/16/1994)

Sept. 16, 1994

Sept. 16, 1994

75

MEMORANDUM in support by third-party defendant SRS re: motion to withdraw motion to exclude expert testimony or to compel discovery [72- 1] & Memorandum of law in support of motion to exclude testimony or to compel discovery [73-1] referred to Magistrate Judge Ronald Newman [74-1] (CEL) (Entered: 09/16/1994)

Sept. 16, 1994

Sept. 16, 1994

76

ORDER ENTERED: by Magistrate Judge Ronald Newman granting 3ddft's motion to withdraw motion to exclude expert testimony or to compel discovery [72-1] & [74-1], finding the motion for order to exclude expert testimony or to compel discovery [72-1] moot. (cc: all counsel) (CEL) (Entered: 09/21/1994)

Sept. 21, 1994

Sept. 21, 1994

78

MEMORANDUM in support by defts SRS & Donna L Whiteman re: motion for order to exclude expert testimony or to compel discovery referred to Senior Judge Dale E. Saffels [77-1] (CEL) (Entered: 10/06/1994)

Oct. 5, 1994

Oct. 5, 1994

79

PETITION FOR WRIT OF HABEAS CORPUS AD TESTIFICANDUM requesting Tashara Yeargin now in custody of Shawnee Cty Dept of Corr - Shawnee Cty Youth Ctr testify 10/12/94 at 9:00 a.m. on pltfs' motion for a preliminary injunction hrg (CEL) (Entered: 10/06/1994)

Oct. 6, 1994

Oct. 6, 1994

80

PETITION FOR WRIT OF HABEAS CORPUS AD TESTIFICANDUM requesting Bilal A. Adams now in custody of Shawnee Cty Dept of Corr - Shawnee Cty Youth Ctr testify 10/12/94 at 9:00 a.m. on pltfs' motion for preliminary injunction (CEL) (Entered: 10/06/1994)

Oct. 6, 1994

Oct. 6, 1994

81

ORDER ENTERED: by Senior Judge Dale E. Saffels granting habeas corpus ad testificandum to produce Tashara Yeargin to custody of USM no later than 9:00 a.m. on 10/12/94 to testify & appear in USDC [79-1] (cc: all counsel) (CEL) (Entered: 10/07/1994)

Oct. 7, 1994

Oct. 7, 1994

WRIT OF HABEAS CORPUS AD TESTIFICANDUM issued to USM to deliver Tashara Yeargin to USDC at 9:00 a.m. on 10/12/94 to testify & appear (CEL) (Entered: 10/07/1994)

Oct. 7, 1994

Oct. 7, 1994

82

ORDER ENTERED: by Senior Judge Dale E. Saffels granting habeas corpus ad testificandum to produce Bilal A. Adams to custody of USM no later than 9:00 a.m. on 10/12/94 to testify & appear [80-1] (cc: all counsel) (CEL) (Entered: 10/07/1994)

Oct. 7, 1994

Oct. 7, 1994

WRIT OF HABEAS CORPUS AD TESTIFICANDUM to deliver Bilal A. Adams to USDC at 9:00 a.m. on 10/12/94 to testify & appear (CEL) (Entered: 10/07/1994)

Oct. 7, 1994

Oct. 7, 1994

83

ORDER ENTERED: by Senior Judge Dale E. Saffels granting in part and denying in part third-party dfts' motion for order to exclude expert testimony or to compel discovery [77-1] (cc: all counsel) (MS) Modified on 10/11/1994 (Entered: 10/07/1994)

Oct. 7, 1994

Oct. 7, 1994

84

RETURN OF SERVICE on 10/7/94 by Health & Env Dept KS; Attn Chris Ross-Baze of subpoena to produce & permit inspection of documents (CEL) (Entered: 10/11/1994)

Oct. 11, 1994

Oct. 11, 1994

85

MOTION by defendants in limine referred to Senior Judge Dale E. Saffels (CEL) (Entered: 10/11/1994)

Oct. 11, 1994

Oct. 11, 1994

86

PROTECTIVE ORDER & STIPULATION ENTERED: by Senior Judge Dale E. Saffels (filed in open court) (CEL) (Entered: 10/12/1994)

Oct. 12, 1994

Oct. 12, 1994

87

MINUTE SHEET of Preliminary Injunction Hrg: before Honorable Dale E. Saffels in Topeka, KS (Lyon, CSR) - In-court dates: 10/12/94- 10/14/94 & 10/17/94; denying defts' motion in limine [85-1]; granting oral motion of pltf to exclude prospective witnesses; denying oral motion of deft to strike testimony; Oral motion of deft for judgment as a matter of law at close of pltfs evidence taken under advisement; Parties report possibility of settlement; Court continues hrg to 10/31/94 at 9:00 a.m.; Court directs parties to report on progress by 10/19/94; Witness & exhibit lists attached (CEL) (Entered: 10/17/1994)

Oct. 17, 1994

Oct. 17, 1994

88

ORDER ENTERED: by Magistrate Judge Ronald Newman Settlement Conference set for 11/4/94 at 9:00 a.m. Pltfs shall provide to dfts a suggested settlement agreement by 10/21/94. By 10/28/94 dfts shall respond w/proposed settlement agreement (cc: all counsel) (MS) (Entered: 10/19/1994)

Oct. 19, 1994

Oct. 19, 1994

89

TRANSCRIPT of testimony of Ira M. Schwartz held 10/12/94 during injunction hearing before Hon. DES; I volume (CAM) (Entered: 10/20/1994)

Oct. 20, 1994

Oct. 20, 1994

90

MOTION by plaintiffs to extend time to 10/28/94 to provide defts w/suggested settlement agreement & defts be given until 11/4/94 to respond w/proposed settlement agreement referred to Magistrate Judge Ronald Newman (CEL) (Entered: 10/21/1994)

Oct. 21, 1994

Oct. 21, 1994

91

RETURN OF SERVICE executed on 10/25/94 by third-party defendant SRS of subpoena to produce & permit inspection & copying of the following documents etc. addressed to Earl Hindman, Director, Shawnee Cty Dept of Corr (CEL) (Entered: 10/26/1994)

Oct. 26, 1994

Oct. 26, 1994

92

RETURN OF SERVICE executed on 10/25/94 by third-party defendant SRS of subpoena to produce & permit inspection & copying of documents or objects etc. addressed to Michelle Hostetler, Assist Dist Atty, Office of Dist Atty (CEL) (Entered: 10/26/1994)

Oct. 26, 1994

Oct. 26, 1994

93

MINUTE SHEET: Before Honorable Dale E. Saffels: Topeka, KS; (Horenkamp, CSR) re: Status Conference Court directs further settlement negotiations be referred to Magistrate Judge Ronald C. Newman; Parties to appear before RCN: Friday, 11/4/94 at 9:00 a.m.; If no agreement is reached, parties are directed to appear before DES on Monday, 11/21/94 at 10:00 a.m. to resume preliminary injunction hrg; All subpoenas issued for this date will continue in effect to 11/21/94 hrg date (CEL) (Entered: 10/31/1994)

Oct. 31, 1994

Oct. 31, 1994

94

NOTICE of hearing before Honorable Dale E. Saffels; re [18-1] ; Preliminary injunction hearing scheduled for 11/21/94 at 10:00 a.m. (cc: all counsel) (CEL) (Entered: 10/31/1994)

Oct. 31, 1994

Oct. 31, 1994

Case Details

State / Territory: Kansas

Case Type(s):

Juvenile Institution

Key Dates

Filing Date: May 19, 1994

Closing Date: 1996

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Present and future juvenile residents of Shawnee County Youth Center

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Department of Social and Rehabilitation Services (Shawnee), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Equal Protection

Availably 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

Order Duration: 1994 - 0

Issues

General:

Access to lawyers or judicial system

Assault/abuse by residents/inmates/students

Disciplinary procedures

Disciplinary segregation

Education

Food service / nutrition / hydration

Mail

Totality of conditions

Visiting

Crowding:

Pre-PLRA Population Cap

Affected Gender:

Female

Male

Medical/Mental Health:

Medical care, general

Mental health care, general

Type of Facility:

Government-run