Case: Trivette v. Tennessee Department of Correction

3:20-cv-00276 | U.S. District Court for the Middle District of Tennessee

Filed Date: March 31, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

On March 31, 2020, a deaf man in the custody of the Tennessee Department of Correction (TDOC) and Disability Rights Tennessee (DRT), the state protection and advocacy entity, filed this lawsuit in the U.S. District Court for the Middle District of Tennessee. The plaintiffs sued TDOC alleging violations of Title II of the ADA and Section 504 of the Rehabilitation Act for failure to provide effective communication accommodations. Specifically, the plaintiffs alleged inmates incarcerated at TDOC f…

On March 31, 2020, a deaf man in the custody of the Tennessee Department of Correction (TDOC) and Disability Rights Tennessee (DRT), the state protection and advocacy entity, filed this lawsuit in the U.S. District Court for the Middle District of Tennessee. The plaintiffs sued TDOC alleging violations of Title II of the ADA and Section 504 of the Rehabilitation Act for failure to provide effective communication accommodations. Specifically, the plaintiffs alleged inmates incarcerated at TDOC facilities were denied access to qualified sign language interpreters and functioning telecommunication equipment.

The case was assigned to District Judge Aleta A. Trauger. Judge Trauger set an initial case management conference for May 21, 2020.

On May 7, 2020, TDOC filed a motion to dismiss for lack of jurisdiction. Judge Trauger continued the case management conference until after disposition of the motion.

After the parties engaged in motion practice on the motion to dismiss, plaintiffs moved for leave to file an amended complaint on July 13, 2020. Plaintiffs' amended complaint proposed additional individual plaintiffs. Plaintiffs then filed a motion for preliminary injunction on October 14, 2020.

Judge Trauger issued an order addressing TDOC's motion to dismiss and plaintiffs' motion for leave to file an amended complaint on November 12, 2020. TDOC's motion was granted in part and denied in part and the plaintiffs' motion was granted. Specifically, the court held that the original individual plaintiff's claims could not be dismissed as untimely because the complaint sufficiently pled continuing harm. The court also found that DRT had associational standing to challenge TDOC's policies because of its role as the state protection and advocacy organization.

After the amended complaint was filed on November 12, 2020, the parties moved into motion practice on plaintiffs' proposed preliminary injunction. Oral argument was scheduled for January 12, 2021.

On May 5, 2021, Judge Trauger granted plaintiffs' motion for a preliminary injunction. The court rejected TDOC's argument that plaintiffs had failed to exhaust administrative remedies prior to filing suit. On the merits, Judge Trauger found that plaintiffs were likely to succeed because they had presented sufficient evidence that their requested accommodations were reasonable. The court concluded that plaintiffs had shown a sufficient likelihood of irreparable harm because TDOC had not made sufficiently expeditious  progress on accommodating plaintiffs. While the court concluded that plaintiffs had carried the burden of establishing that preliminary relief was appropriate, it did not find that plaintiffs were entitled to the relief they had requested. Instead, the court ordered that the plaintiffs work with TDOC to develop an interim plan for improving videophone access until the overhaul of accessible telecommunications in TDOC facilities.  If TDOC cannot agree to such a plan, it would be required to adequately document why such accommodations would not be reasonable.

Following the granting of the preliminary injunction, the parties moved onto discovery. On April 4, 2022, plaintiffs filed another amended complaint in which they added additional individual plaintiffs.

As of June 26, 2022, the parties are engaged in discovery and the case is ongoing.

 

Summary Authors

Hannah Shilling (6/26/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17050285/parties/trivette-v-tennessee-department-of-correction/


Attorney for Plaintiff

Atkinson, Torie Alisa (Tennessee)

Ballart, Elizabeth (California)

del Pilar Gonzalez-Morales, Maria (California)

Derryberry, Jack W. (Tennessee)

Attorney for Defendant

Cadle, Jeffrey (Tennessee)

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Documents in the Clearinghouse

Document
1

3:20-cv-00276

Complaint

March 31, 2020

March 31, 2020

Complaint
29

3:20-cv-00276

Memorandum and Order

Trivette v. TN Dept of Correction

Nov. 12, 2020

Nov. 12, 2020

Order/Opinion
59

3:20-cv-00276

Memorandum Opinion of the Court

Trivette et al v. TN Dept of Correction

May 5, 2021

May 5, 2021

Order/Opinion
90

3:20-cv-00276

Third Amended and Supplemental Complaint

Trivette, Collins, et al v. TN Dept of Corrections

April 4, 2022

April 4, 2022

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17050285/trivette-v-tennessee-department-of-correction/

Last updated April 8, 2024, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Tennessee Department of Correction (Filing fee $400, Receipt number 0650-3115350), filed by Disability Rights Tennessee, Ernest Kevin Trivette. (Attachments: # 1 Attachment - Civil Cover Sheet)(mg) (Entered: 03/31/2020)

1 Attachment - Civil Cover Sheet

View on PACER

March 31, 2020

March 31, 2020

Clearinghouse

TN State Bar status verified as active for Stacie L. Price, Daniel L. Ellis, Martha M. Lafferty. (mg)

March 31, 2020

March 31, 2020

PACER

CO State Bar status verified as active for Amy F. Robertson. (mg)

March 31, 2020

March 31, 2020

PACER

NOTICE TO COUNSEL Amy F. Robertson: WITHIN 21 DAYS, counsel shall file a Motion to Appear Pro Hac Vice, a Certificate of Good Standing signed by the Clerk of a United States District Court or a U. S. appellate court where admitted, and pay a fee of $100.00 (LR 83.01(b)). PHV due by 4/21/2020. (mg)

March 31, 2020

March 31, 2020

PACER
2

NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (mg) (Entered: 03/31/2020)

March 31, 2020

March 31, 2020

PACER
3

Summons issued as to Tennessee Department of Correction. Service copies will be returned to counsel by mail. (mg) (Entered: 03/31/2020)

March 31, 2020

March 31, 2020

PACER
4

NOTICE of Initial Case Management Conference set for 5/21/2020 at 2:15 PM in Chambers 825 before District Judge Aleta A. Trauger. (mg) (Entered: 03/31/2020)

March 31, 2020

March 31, 2020

PACER
5

MOTION for attorney Amy F. Robertson to Appear Pro Hac Vice ($100 Fee Paid) by Disability Rights Tennessee, Ernest Kevin Trivette. (Attachments: # 1 Attachment - Certificate of Good Standing)(mg) (Entered: 04/07/2020)

April 6, 2020

April 6, 2020

PACER
6

ORDER granting 5 Motion for Amy F. Robertson to Appear Pro Hac Vice. Signed by Kirk L. Davies on 4/8/20. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk) (Entered: 04/08/2020)

April 8, 2020

April 8, 2020

PACER
7

RECEIPT #34675058496 in the amount of $100 posted by Disability Rights Tennessee, and Ernest Kevin Trivette re 5 Amy F. Robertson's Motion to Appear Pro Hac Vice. (mg) (Entered: 04/08/2020)

April 8, 2020

April 8, 2020

PACER
8

***DISREGARD*** GREEN CARD RETURNED Executed as to 3 Summons Issued to Defendant Tennessee Department of Correction Acknowledgement filed by Disability Rights Tennessee, Ernest Kevin Trivette. (Lafferty, Martha) Modified on 4/23/2020 (mg). (Entered: 04/22/2020)

April 22, 2020

April 22, 2020

PACER

NOTICE TO FILER re DE# 8 : The wrong event was used. The correct event should be Service of Process/Summons Returned Executed. Counsel shall re-file the document. If possible, utilized the Summons that was mailed to plaintiff's counsel. (mg)

April 23, 2020

April 23, 2020

PACER
9

SUMMONS returned executed by Disability Rights Tennessee, Ernest Kevin Trivette. Tennessee Department of Correction served on 4/16/2020. (Attachments: # 1 Attachment Return Receipt Confirming Service)(Lafferty, Martha) (Entered: 04/23/2020)

April 23, 2020

April 23, 2020

PACER
10

MOTION to Dismiss for Lack of Jurisdiction by Tennessee Department of Correction. (Lorch, Pamela) (Entered: 05/07/2020)

May 7, 2020

May 7, 2020

PACER
11

MEMORANDUM in Support of 10 MOTION to Dismiss for Lack of Jurisdiction filed by Tennessee Department of Correction . (Lorch, Pamela) (Entered: 05/07/2020)

May 7, 2020

May 7, 2020

PACER
12

ORDER: Given the pendency of a Motion to Dismiss (Docket No. 10 ), it is hereby ORDERED that the initial case management conference scheduled for May 21, 2020 is CONTINUED, to be reset, if appropriate, after disposition of this motion. Signed by District Judge Aleta A. Trauger on 5/7/2020. (mg) (Entered: 05/07/2020)

May 7, 2020

May 7, 2020

PACER
13

RESPONSE to Motion re 10 MOTION to Dismiss for Lack of Jurisdiction filed by Disability Rights Tennessee, Ernest Kevin Trivette. (Lafferty, Martha) (Entered: 05/21/2020)

May 21, 2020

May 21, 2020

PACER
14

REPLY to Response to re 10 MOTION to Dismiss for Lack of Jurisdiction filed by Tennessee Department of Correction. (Lorch, Pamela) (Entered: 05/27/2020)

May 27, 2020

May 27, 2020

PACER
15

MOTION for Leave to file Sur-Reply re 14 Reply to Response to Motion to Dismiss by Disability Rights Tennessee, Ernest Kevin Trivette. (Attachments: # 1 Attachment Sur-Reply)(Lafferty, Martha) (Entered: 06/01/2020)

June 1, 2020

June 1, 2020

PACER
16

ORDER granting 15 Motion for Leave to file Sur-Reply. Signed by District Judge Aleta A. Trauger on 6/2/2020. (mg) (Main Document 16 replaced on 6/2/2020) (mg). (Entered: 06/02/2020)

June 2, 2020

June 2, 2020

PACER
17

PLAINTIFFS' SUR-REPLY TO DEFENDANT'S REPLY re 14 Reply to Response to 10 Motion filed by Tennessee Department of Correction. (mg) (Entered: 06/02/2020)

June 2, 2020

June 2, 2020

PACER
18

MOTION for Leave to file First Amended Complaint by Disability Rights Tennessee, Ernest Kevin Trivette. (Attachments: # 1 Attachment First Amended Complaint)(Lafferty, Martha) (Entered: 07/13/2020)

July 13, 2020

July 13, 2020

PACER
19

MEMORANDUM in Support of 18 MOTION for Leave to file First Amended Complaint filed by Disability Rights Tennessee, Ernest Kevin Trivette . (Lafferty, Martha) (Entered: 07/13/2020)

July 13, 2020

July 13, 2020

PACER
20

RESPONSE in Opposition re 18 MOTION for Leave to file First Amended Complaint filed by Tennessee Department of Correction. (Lorch, Pamela) (Entered: 07/20/2020)

July 20, 2020

July 20, 2020

PACER
21

REPLY to Response to re 18 MOTION for Leave to file First Amended Complaint filed by Disability Rights Tennessee, Ernest Kevin Trivette. (Robertson, Amy) (Entered: 07/27/2020)

July 27, 2020

July 27, 2020

PACER
22

MOTION for Preliminary Injunction by Disability Rights Tennessee. (Attachments: # 1 Attachment Proposed Order)(Robertson, Amy) (Entered: 10/14/2020)

Oct. 14, 2020

Oct. 14, 2020

PACER
23

MEMORANDUM in Support of 22 MOTION for Preliminary Injunction filed by Disability Rights Tennessee . (Attachments: # 1 Attachment Declaration of Jason Collins, # 2 Attachment Declaration of Tammy Wishoun, # 3 Attachment Declaration of Martha M. Lafferty, # 4 Attachment Declaration of Amy F. Robertson)(Robertson, Amy) (Entered: 10/14/2020)

Oct. 14, 2020

Oct. 14, 2020

PACER
24

MOTION for Extension of Time to File Response/Reply as to 22 MOTION for Preliminary Injunction and/or hold the motion in abeyance by Tennessee Department of Correction. (Lorch, Pamela) (Entered: 10/20/2020)

Oct. 20, 2020

Oct. 20, 2020

PACER
25

RESPONSE in Opposition re 24 MOTION for Extension of Time to File Response/Reply as to 22 MOTION for Preliminary Injunction and/or hold the motion in abeyance filed by Disability Rights Tennessee. (Robertson, Amy) (Entered: 10/21/2020)

Oct. 21, 2020

Oct. 21, 2020

PACER
26

SUPPLEMENT TO MOTION FOR EXTENSION OF TIME TO RESPOND re 24 MOTION for Extension of Time to File Response/Reply as to 22 MOTION for Preliminary Injunction and/or hold the motion in abeyance by Tennessee Department of Correction. (Lorch, Pamela) Modified on 11/9/2020 (mg). (Entered: 10/21/2020)

Oct. 21, 2020

Oct. 21, 2020

PACER
27

ORDER: The defendants' Motion for Extension of Time to Respond to and/or Hold in Abeyance Plaintiff DRT's Motion for Preliminary Injunction (Doc. No. 24 ), to which the plaintiffs have responded in opposition (Doc. No. 25 ), is GRANTED. The court will set a date for the defendant to respond to the Motion for Preliminary Injunction in the order disposing of the earlier-filed motions. Signed by District Judge Aleta A. Trauger on 10/21/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg) (Entered: 10/21/2020)

Oct. 21, 2020

Oct. 21, 2020

PACER
28

DECLARATION of Alex Stinnett (late filed), filed by Disability Rights Tennessee re: 23 Memorandum in Support,. (Robertson, Amy) (Entered: 10/23/2020)

Oct. 23, 2020

Oct. 23, 2020

PACER
29

MEMORANDUM AND ORDER: The Tennessee Department of Correction ("TDOC") has filed a Motion to Dismiss (Doc. No. 10 ), to which Ernest Kevin Trivette and Disability Rights Tennessee ("DRT") have filed a Response (Doc. No. 13 ), and TDOC has filed a Reply (Doc. No. 14 ). Trivette and DRT have filed a Motion for Leave to File First Amended Complaint (Doc. No. 18 ), to which TDOC has filed a Response (Doc. No. 20 ), and Trivette and DRT have filed a Reply (Doc. No. 21 ). TDOC's Motion to Dismiss (Doc. No. 10 ) is hereby GRANTED in part and DENIED in part, and the plaintiffs' Motion for Leave to File First Amended Complaint (Doc. No. 18 ) is hereby GRANTED. Trivette's claims for injunctive and declaratory relief are hereby DISMISSED. In accordance with the court's Order of October 21, 2020 (Doc. No. 27 ), TDOC is hereby ORDERED to file a Response to the plaintiffs' Motion for Preliminary Injunction (Doc. No. 22 ) within 14 days. Signed by District Judge Aleta A. Trauger on 11/12/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg) (Entered: 11/12/2020)

Nov. 12, 2020

Nov. 12, 2020

Clearinghouse
30

FIRST AMENDED COMPLAINT against Tennessee Department of Correction, filed by Disability Rights Tennessee, Ernest Kevin Trivette, Tennessee Department of Correction, Jason Andrew Collins.(mg) (Entered: 11/12/2020)

Nov. 12, 2020

Nov. 12, 2020

PACER
31

ANSWER to 30 Amended Complaint by Tennessee Department of Correction.(Lorch, Pamela) (Entered: 11/25/2020)

Nov. 25, 2020

Nov. 25, 2020

PACER
32

RESPONSE in Opposition re 22 MOTION for Preliminary Injunction filed by Tennessee Department of Correction. (Attachments: # 1 Attachment Declaration of Jerry Gentry, # 2 Attachment Declaration of Priscilla Wainwright, # 3 Attachment Declaration of Debbie Dunn, # 4 Attachment Attachment to Declaration of Debbie Dunn, # 5 Attachment Declaration of Johnathan Holland)(Lorch, Pamela) (Entered: 11/25/2020)

Nov. 25, 2020

Nov. 25, 2020

PACER

TN State Bar status verified as active for Pamela S. Lorch admitted to this court. (ln)

Nov. 30, 2020

Nov. 30, 2020

PACER
33

Unopposed MOTION for Leave to File Excess Pages in Reply Brief by Jason Andrew Collins, Disability Rights Tennessee, Alex Gordon Stinnett. (Lafferty, Martha) (Entered: 12/01/2020)

Dec. 1, 2020

Dec. 1, 2020

PACER
34

ORDER: Motion (DE # 33 ) GRANTED. Signed by District Judge Aleta A. Trauger on 12/01/2020.(ln) (Entered: 12/01/2020)

Dec. 1, 2020

Dec. 1, 2020

PACER
35

REPLY to Response to re 22 MOTION for Preliminary Injunction filed by Jason Andrew Collins, Disability Rights Tennessee, Alex Gordon Stinnett. (Attachments: # 1 Attachment Supplemental Declaration of Martha M. Lafferty, # 2 Attachment Declaration of Richard L. Ray, # 3 Attachment Declaration of Hunter Hancock, # 4 Attachment Declaration of Kelsey Craig, # 5 Attachment Declaration of April Mancino-Rosete)(Lafferty, Martha) (Entered: 12/02/2020)

Dec. 2, 2020

Dec. 2, 2020

PACER
36

ORDER: It is hereby ORDERED that a hearing on the plaintiffs' Motion for Preliminary Injunction (Doc. No. 22 ) shall be held on Tuesday, January 12, 2021, beginning at 1:00 p.m. By January 6, 2021, the parties shall file a list of any witnesses expected to testify at that hearing. Signed by District Judge Aleta A. Trauger on 12/03/2020. (ln) (Entered: 12/03/2020)

Dec. 3, 2020

Dec. 3, 2020

PACER
37

Joint MOTION to Rest on Briefs and Declarations re 36 Order, Set Hearings, by Tennessee Department of Correction. (Lorch, Pamela) (Entered: 12/04/2020)

Dec. 4, 2020

Dec. 4, 2020

PACER
38

MOTION for Leave to File Sur Reply re 35 Reply to Response to Motion, by Tennessee Department of Correction. (Attachments: # 1 Attachment Sur Reply re Motion for Preliminary Injunction)(Lorch, Pamela) (Entered: 12/07/2020)

Dec. 7, 2020

Dec. 7, 2020

PACER
39

ORDER granting 38 Defendant's Motion for Leave to File Sur Reply to Reply to Response to Plaintiffs' Motion for Preliminary Injunction. Signed by District Judge Aleta A. Trauger on 12/08/2020.(ln) (Entered: 12/08/2020)

Dec. 8, 2020

Dec. 8, 2020

PACER
40

Sur Reply re 35 Reply to Response to 22 MOTION for Preliminary Injunction filed by Tennessee Department of Correction. (ln) (Entered: 12/08/2020)

Dec. 8, 2020

Dec. 8, 2020

PACER
41

ORDER: The Joint Motion Regarding the Hearing on Plaintiffs' Motion for Preliminary Injunction (Doc. No. 37 ) is GRANTED in PART. It is hereby ORDERED that supplemental declarations shall be filed by December 30, 2020 and rebuttal declarations by January 7, 2021. It is further hereby ORDERED that oral argument on the Motion for Preliminary Injunction shall be held by video conference on Tuesday, January 12, 2021, at 2:00 p.m. Signed by District Judge Aleta A. Trauger on 12/09/2020. (ln) (Entered: 12/09/2020)

Dec. 9, 2020

Dec. 9, 2020

PACER

Set/Reset Hearing: It is further hereby ORDERED that oral argument on the Motion for Preliminary Injunction shall be held by video conference on Tuesday, January 12, 2021, at 2:00 p.m. before District Judge Aleta A. Trauger. (ln)

Dec. 9, 2020

Dec. 9, 2020

PACER
42

SUPPLEMENTAL DECLARATION of Alex Stinnett (late filed) filed by Jason Andrew Collins, Disability Rights Tennessee, Alex Gordon Stinnett re: 35 Reply to Response to Motion. (Lafferty, Martha) Modified on 12/22/2020 (ln). (Entered: 12/21/2020)

Dec. 21, 2020

Dec. 21, 2020

PACER
43

SUPPLEMENTAL DECLARATION of Jason Collins (late filed) filed by Jason Andrew Collins, Disability Rights Tennessee, Alex Gordon Stinnett re: 35 Reply to Response to Motion. (Lafferty, Martha) Modified on 12/22/2020 (ln). (Entered: 12/21/2020)

Dec. 21, 2020

Dec. 21, 2020

PACER
44

DECLARATION of Ernest Kevin Trivette filed by Jason Andrew Collins, Disability Rights Tennessee, Alex Gordon Stinnett re: 35 Reply to Response to Motion. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Lafferty, Martha) (Entered: 12/21/2020)

Dec. 21, 2020

Dec. 21, 2020

PACER

NOTICE TO FILER re DE# 44 : Counsel failed to include the mandatory description of the attached exhibits. Counsel is directed to file a notice that lists each exhibit with a brief description. (ln)

Dec. 22, 2020

Dec. 22, 2020

PACER
45

NOTICE OF FILING SUPPLEMENTAL DECLARATIONS REGARDING PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION by Tennessee Department of Correction (Attachments: # 1 Attachment Supplemental Declaration of Gentry, # 2 Exhibit to Supplemental Declaration of Gentry, # 3 Attachment Supplemental Declaration of Wainwright, # 4 Attachment Supplemental Declaration of Stutts)(Lorch, Pamela) Modified on 1/4/2021 (ln). (Entered: 12/30/2020)

Dec. 30, 2020

Dec. 30, 2020

PACER
46

NOTICE of Filing by Jason Andrew Collins, Disability Rights Tennessee, Alex Gordon Stinnett (Attachments: # 1 Attachment Second Supplemental Declaration of Martha M. Lafferty)(Lafferty, Martha) (Entered: 12/30/2020)

Dec. 30, 2020

Dec. 30, 2020

PACER
47

NOTICE of Filing by Jason Andrew Collins, Disability Rights Tennessee, Alex Gordon Stinnett re 44 Declaration (Lafferty, Martha) (Entered: 12/30/2020)

Dec. 30, 2020

Dec. 30, 2020

PACER
48

NOTICE of Filing Rebuttal Declarations Regarding Plaintiffs' Motion for Preliminary Injunction by Tennessee Department of Correction (Attachments: # 1 Attachment Rebuttal Declaration of Stutts, # 2 Attachment Rebuttal Declaration of Gentry)(Lorch, Pamela) Modified on 1/8/2021 (ln). (Entered: 01/07/2021)

Jan. 7, 2021

Jan. 7, 2021

PACER
49

NOTICE of Filing Rebuttal Declarations and Demonstrative Exhibits by Jason Andrew Collins, Disability Rights Tennessee, Alex Gordon Stinnett (Attachments: # 1 Attachment Third Supplemental Declaration of Martha M. Lafferty)(Lafferty, Martha) Modified on 1/8/2021 (ln). (Entered: 01/07/2021)

Jan. 7, 2021

Jan. 7, 2021

PACER
50

NOTICE by Jason Andrew Collins, Disability Rights Tennessee, Alex Gordon Stinnett of Cases on which They May Rely During the January 12, 2021 Hearing (Lafferty, Martha) (Entered: 01/11/2021)

Jan. 11, 2021

Jan. 11, 2021

PACER

Minute Entry for proceedings held before District Judge Aleta A. Trauger: Motion Hearing held on 1/12/2021 re 22 MOTION for Preliminary Injunction filed by Disability Rights Tennessee. At the end of the hearing the court takes the preliminary injunction motion under advisement. (Court Reporter Roxann Harkins.) (Hearing lasted 1:25)(kb)

Jan. 12, 2021

Jan. 12, 2021

PACER
51

NOTICE of Filing Additional Declarations Regarding Plaintiffs' Motion for Preliminary Injunction by Tennessee Department of Correction (Attachments: # 1 Attachment Supplemental Declaration Holland, # 2 Attachment Second Supplemental Declaration Wainwright, # 3 Exhibit RFP #6)(Lorch, Pamela) Modified on 1/15/2021 (ln). (Entered: 01/14/2021)

Jan. 14, 2021

Jan. 14, 2021

PACER
52

NOTICE of Filing by Jason Andrew Collins, Disability Rights Tennessee, Alex Gordon Stinnett re 22 MOTION for Preliminary Injunction (Attachments: # 1 Attachment Fourth Supplemental Declaration of Martha M. Lafferty, # 2 Attachment Supplemental Declaration of Richard L. Ray)(Lafferty, Martha) (Entered: 01/21/2021)

Jan. 21, 2021

Jan. 21, 2021

PACER
53

ORDER: It is hereby ORDERED that the defendant may file material in rebuttal to the plaintiffs' filing on January 21, 2021 (Doc. No. 52 ) by January 29, 2021. Signed by District Judge Aleta A. Trauger on 01/22/2021. (ln) (Entered: 01/22/2021)

Jan. 22, 2021

Jan. 22, 2021

PACER
54

NOTICE of Filing by Tennessee Department of Correction re 52 Notice (Other), (Attachments: # 1 Attachment Declaration of Kelly Young, # 2 Attachment Fourth Declaration of Jerry Gentry, # 3 Exhibit videophone records of Stinnett)(Lorch, Pamela) (Entered: 01/27/2021)

Jan. 27, 2021

Jan. 27, 2021

PACER
55

MOTION for Leave to to Respond to New Information in Defendant's January 26, 2021 Filing re 54 Notice (Other), by Jason Andrew Collins, Disability Rights Tennessee, Alex Gordon Stinnett. (Lafferty, Martha) (Entered: 01/28/2021)

Jan. 28, 2021

Jan. 28, 2021

PACER
56

ORDER: Motion for Leave to Respond to New Information in Defendant's January 26, 2021 Filing (DE # 55 ) GRANTED. Signed by District Judge Aleta A. Trauger on 01/28/2021. (ln) (Entered: 01/28/2021)

Jan. 28, 2021

Jan. 28, 2021

PACER
57

NOTICE of Filing Signed Declarations by Jason Andrew Collins, Disability Rights Tennessee, Alex Gordon Stinnett re 22 MOTION for Preliminary Injunction (Attachments: # 1 Attachment Third Supplemental Declaration of Alex Stinnett, # 2 Attachment Third Supplemental Declaration of Jason Collins, # 3 Attachment Fourth Supplemental Declaration of Alex Stinnett, # 4 Attachment Fourth Supplemental Declaration of Jason Collins)(Lafferty, Martha) Modified on 2/17/2021 (ln). (Entered: 02/16/2021)

Feb. 16, 2021

Feb. 16, 2021

PACER
58

NOTICE of Filing by Jason Andrew Collins, Disability Rights Tennessee, Alex Gordon Stinnett re 22 MOTION for Preliminary Injunction (Lafferty, Martha) (Entered: 04/14/2021)

April 14, 2021

April 14, 2021

PACER
59

MEMORANDUM. Signed by District Judge Aleta A. Trauger on 5/5/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln) (Entered: 05/05/2021)

May 5, 2021

May 5, 2021

Clearinghouse
60

ORDER: For the reasons explained in the accompanying Memorandum, the Motion for Preliminary Injunction filed by Disability Rights Tennessee ("DRT"), Alex Gordon Stinnett, and Jason Andrew Collins (Doc. No. 22 ) is hereby GRANTED, as modified by this Order. Signed by District Judge Aleta A. Trauger on 5/5/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln) (Entered: 05/05/2021)

May 5, 2021

May 5, 2021

PACER
61

NOTICE by Tennessee Department of Correction re 60 Order Report to Court (Lorch, Pamela) (Entered: 08/02/2021)

Aug. 2, 2021

Aug. 2, 2021

RECAP
62

Unopposed MOTION to Amend/Correct by Jason Andrew Collins, Disability Rights Tennessee, Alex Gordon Stinnett, Ernest Kevin Trivette. (Attachments: # 1 Attachment Second Amended Complaint)(Lafferty, Martha) (Entered: 08/06/2021)

Aug. 6, 2021

Aug. 6, 2021

PACER
63

MEMORANDUM in Support of 62 Unopposed MOTION to Amend/Correct filed by Jason Andrew Collins, Disability Rights Tennessee, Alex Gordon Stinnett, Ernest Kevin Trivette . (Lafferty, Martha) (Entered: 08/06/2021)

Aug. 6, 2021

Aug. 6, 2021

PACER
64

ORDER: Motion 62 for Leave to File Second Amended and Supplemental Complaint GRANTED. Signed by District Judge Aleta A. Trauger on 8/9/2021. (ln) (Entered: 08/09/2021)

Aug. 9, 2021

Aug. 9, 2021

PACER
65

SECOND AMENDED AND SUPPLEMENTAL COMPLAINT against Tennessee Department of Correction filed by Disability Rights Tennessee, Ernest Kevin Trivette, Thomas White, Alex Gordon Stinnett, and Jason Andrew Collins. (ln) (Entered: 08/09/2021)

Aug. 9, 2021

Aug. 9, 2021

PACER
66

RESPONSE filed by Jason Andrew Collins, Disability Rights Tennessee, Alex Gordon Stinnett, Ernest Kevin Trivette, Thomas White re 61 Notice (Other) filed by Tennessee Department of Correction . (Attachments: # 1 Exhibit A - TDOC Responses to Questions regarding VP Equipment, Wiring, and Services at NECX, # 2 Exhibit B - Excerpted Schedule of Events, Amendment 13 to RFP for Inmate Communications and Related Services)(Lafferty, Martha) Modified exhibit descriptions on 8/17/2021 (ln). (Entered: 08/16/2021)

Aug. 16, 2021

Aug. 16, 2021

PACER
67

ANSWER to 65 Amended Complaint Second Amended Supplemental Complaint by Tennessee Department of Correction.(Lorch, Pamela) (Entered: 09/09/2021)

Sept. 9, 2021

Sept. 9, 2021

PACER
68

MOTION for attorney Maria del Pilar Gonzalez-Morales to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-3469446) by Jason Andrew Collins, Disability Rights Tennessee, Alex Gordon Stinnett, Ernest Kevin Trivette, Thomas White. (Attachments: # 1 Attachment Certification of Good Standing)(Lafferty, Martha) (Entered: 10/19/2021)

Oct. 19, 2021

Oct. 19, 2021

PACER

Annotation - Deficiency Notice

Oct. 20, 2021

Oct. 20, 2021

PACER

NOTICE TO FILER re DE# 68 : The Certificate of Good Standing must be from a United States District Court or a United States appellate court. The new certificate shall be filed within 10 days. (ln)

Oct. 20, 2021

Oct. 20, 2021

PACER

Annotation - Bar Status

Oct. 20, 2021

Oct. 20, 2021

PACER

CA State Bar status verified as active for Maria del Pilar Gonzalez-Morales not admitted to this court - Local counsel secured. (ln)

Oct. 20, 2021

Oct. 20, 2021

PACER
69

NOTICE by Disability Rights Tennessee of Joint Rule 26(f) Meeting (Attachments: # 1 Attachment Proposed Order)(Price, Stacie) (Entered: 10/21/2021)

Oct. 21, 2021

Oct. 21, 2021

PACER
70

INITIAL CASE MANAGEMENT ORDER: Amended Pleadings due by 2/1/2022. Discovery due by 7/15/2022. Dispositive Motions due by 1/15/2023. Signed by District Judge Aleta A. Trauger on 10/22/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln) (Entered: 10/22/2021)

Oct. 22, 2021

Oct. 22, 2021

RECAP
71

ORDER SETTING CASE FOR TRIAL: Jury Trial is set for 5/16/2023 at 9:00 AM in Courtroom 873 before District Judge Aleta A. Trauger. Pretrial Conference is set for 5/12/2023 at 1:30 PM in Chambers 825 before District Judge Aleta A. Trauger. Proposed Pretrial Order due by 5/9/2023. Exhibit List due by 5/9/2023. Witness List due by 5/9/2023. Signed by District Judge Aleta A. Trauger on 10/22/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln) (Entered: 10/22/2021)

Oct. 22, 2021

Oct. 22, 2021

PACER
72

CERTIFICATE OF GOOD STANDING of Attorney Maria del Pilar Gonzalez Morales from the United States District Court for the Central District of California filed by Jason Andrew Collins, Disability Rights Tennessee, Alex Gordon Stinnett, Ernest Kevin Trivette, Thomas White. (Lafferty, Martha) (Entered: 10/28/2021)

Oct. 28, 2021

Oct. 28, 2021

PACER
73

NOTICE by Jason Andrew Collins, Disability Rights Tennessee, Alex Gordon Stinnett, Ernest Kevin Trivette, Thomas White Amy Robertson Change of Address and Firm (Robertson, Amy) (Entered: 10/29/2021)

Oct. 29, 2021

Oct. 29, 2021

PACER
74

ORDER granting 68 : Having satisfied the requirements of Local Rule 83.01(b), the Motion for Maria del Pilar Gonzalez-Morales to Appear Pro Hac Vice is granted. Signed by Lynda Hill, Clerk of Court, on 11/01/2021. (lh) (Entered: 11/01/2021)

Nov. 1, 2021

Nov. 1, 2021

PACER

Appear Pro Hac Vice

Nov. 1, 2021

Nov. 1, 2021

PACER
75

NOTICE of Substitution of Counsel by Dawn Marie Jordan on behalf of All Defendants. (Jordan, Dawn) (Entered: 01/04/2022)

Jan. 4, 2022

Jan. 4, 2022

PACER

Annotation - Bar Status

Jan. 4, 2022

Jan. 4, 2022

PACER

TN State Bar status verified as active for Dawn Marie Jordan admitted to this court. (ln)

Jan. 4, 2022

Jan. 4, 2022

PACER
76

NOTICE of Change of Address by Amy F. Robertson (Robertson, Amy) (Entered: 01/24/2022)

Jan. 24, 2022

Jan. 24, 2022

PACER
77

Joint MOTION for Extension of Time to Amend pleadings by Jason Andrew Collins, Disability Rights Tennessee, Alex Gordon Stinnett, Ernest Kevin Trivette, Thomas White. (Lafferty, Martha) (Entered: 01/27/2022)

Jan. 27, 2022

Jan. 27, 2022

PACER
78

ORDER: Motion 77 to Extend Deadline to File Motions to Amend GRANTED. Extension to 4/1/2022. Signed by District Judge Aleta A. Trauger on 1/28/2022. (ln) (Entered: 01/28/2022)

Jan. 28, 2022

Jan. 28, 2022

RECAP
79

MOTION to Withdraw as Attorney for Plaintiffs by Jason Andrew Collins, Disability Rights Tennessee, Alex Gordon Stinnett, Ernest Kevin Trivette, Thomas White. (Attachments: # 1 Exhibit Exhibit A - Written Notice to Plaintiffs)(Robertson, Amy) (Entered: 03/16/2022)

1 Exhibit Exhibit A - Written Notice to Plaintiffs

View on PACER

March 16, 2022

March 16, 2022

RECAP
80

ORDER: Motion 79 to Withdraw Appearance of Amy F. Robertson GRANTED. Attorney Amy F. Robertson terminated. Signed by District Judge Aleta A. Trauger on 3/21/2022. (ln) (Entered: 03/21/2022)

March 21, 2022

March 21, 2022

PACER
81

Joint MOTION for Protective Order by Tennessee Department of Correction. (Attachments: # 1 Exhibit Proposed Protective Order)(Hart, Steven) (Entered: 03/21/2022)

March 21, 2022

March 21, 2022

PACER
82

ORDER: Motion 81 for Protective Order GRANTED. Signed by District Judge Aleta A. Trauger on 3/23/2022. (ln) (Entered: 03/23/2022)

March 23, 2022

March 23, 2022

PACER
83

JOINT PROTECTIVE ORDER. Signed by District Judge Aleta A. Trauger on 3/23/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln) (Entered: 03/23/2022)

March 23, 2022

March 23, 2022

PACER
84

NOTICE of Appearance by Jeffrey B. Cadle on behalf of Tennessee Department of Correction (Cadle, Jeffrey) (Entered: 03/23/2022)

March 23, 2022

March 23, 2022

PACER

Annotation - Bar Status

March 24, 2022

March 24, 2022

PACER

Case Details

State / Territory: Tennessee

Case Type(s):

Prison Conditions

Disability Rights

Prison Conditions

Special Collection(s):

Deaf or Blind in Jail/Prison

Key Dates

Filing Date: March 31, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiffs are individual deaf inmates incarcerated at the Tennessee Department of Corrections and the mandated protection and advocacy system for Tennessee

Plaintiff Type(s):

Private Plaintiff

Public (for-profit) corporation

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Tennessee, State

Defendant Type(s):

Corrections

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

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Content of Injunction:

Reasonable Accommodation

Issues

General:

Communication skills

TTY/Close Captioning/Videophone/etc.

Disability and Disability Rights:

Reasonable Accommodations

Hearing impairment

Discrimination-area:

Accommodation / Leave

Discrimination-basis:

Disability (inc. reasonable accommodations)

Medical/Mental Health:

Medical care, general

Type of Facility:

Government-run