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

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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…

The case was assigned to District Judge Aleta A. Trauger. On May 7, 2020, TDOC filed a motion to dismiss for lack of jurisdiction. 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, proposing 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.

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 could not 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 began discovery. On April 4, 2022, plaintiffs filed another amended complaint in which they added additional individual plaintiffs, and, on May 26, 2023, they filed a further amended complaint with supplemental facts that had occurred since the prior complaint was filed.

On August 29, 2023, the plaintiffs filed a second motion for a preliminary injunction, though they subsequently withdrew the motion in February 2024 because the named plaintiff then had access to a videophone, and the remaining issues in the motion had been subsumed by the plaintiffs' November 15, 2023, motion for partial summary judgment. They requested judgment that TDOC's failure to adequately assess individuals and failure to provide sufficient and reliable access to ASL interpreters and videophones violated both the ADA and Section 504 of the Rehabilitation Act. On the same day, TDOC filed a motion for summary judgment.

The plaintiffs filed a motion to bifurcate on January 25, 2024, which was subsequently denied by the court on February 16, 2024.

On July 9, 2024, the court granted in part and denied in part both parties' summary judgment motions. The court granted summary judgment in favor of plaintiffs on their claims that TDOC's failure to provide interpreters and videophones violated ADA and Section 504 of the Rehabilitation Act, and also granted their motion to exclude one of TDOC's proposed expert witnesses under the Daubert standard, finding the proposed witness not sufficiently qualified regarding ADA accommodations. Judge Trauger further found that DRT had standing as to the TDOC policies that had injured their identified constituents, that certain of plaintiffs' claims were timely because the kinds of violations alleged were considered "continuing violations," and that DRT was not required to exhaust administrative remedies under the Prison Litigation Reform Act (though PLRA did bar some of the individual plaintiffs' claims). The court granted summary judgment to defendants on hearing aid-related claims, ruling that those claims were untimely. The court further ruled in favor of defendants in determining that money damages were not available under the ADA in most cases, that emotional distress damages were not available under Section 504, and in dismissing the claims of two named plaintiffs.

As of July 10, 2024, litigation, including regarding remedies, is ongoing.

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Summary Authors

Hannah Shilling (6/26/2022)

Kyle O'Hara (7/10/2024)

People

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

Judge(s)

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)

Judge(s)

Trauger, Aleta Arthur (Tennessee)

Attorney for Plaintiff

Atkinson, Torie Alisa (Tennessee)

Ballart, Elizabeth (California)

del Pilar Gonzalez-Morales, Maria (California)

Derryberry, Jack W. (Tennessee)

Elia, Albert (Tennessee)

Ellis, Daniel (Tennessee)

Gonzalez-Morales, Maria del (Tennessee)

Lafferty, Martha (Tennessee)

Price, Stacie (Tennessee)

Reichman, Madeleine J. (Tennessee)

Robertson, Amy F. (Tennessee)

Seaborn, Stuart John (Tennessee)

Attorney for Defendant

Cadle, Jeffrey (Tennessee)

Hart, Steven (Tennessee)

Jordan, Dawn (Tennessee)

Lorch, Pamela (Tennessee)

Attorney Contact Information via CourtListener

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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
148 3:20-cv-00276	Fourth Supplemental Complaint	May 26, 2023	May 26, 2023 Complaint
162 3:20-cv-00276	Plaintiffs' Motion for Partial Summary Judgment	Nov. 15, 2023	Nov. 15, 2023 Pleading / Motion / Brief
209 3:20-cv-00276	Order	July 9, 2024	July 9, 2024 Order/Opinion
208 3:20-cv-00276	Memorandum	July 9, 2024	July 9, 2024 Order/Opinion 2024 WL 2024

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Resources

Title	Description		External URL Date / External URL
White Paper: Effective Communication with Deaf, Hard of Hearing, Blind, and Low Vision Incarcerated People Tessa Bialek and Margo Schlanger	This version of the white paper is screen readable. A large print (but not screen readable) version of the white paper is available here…	July 7, 2022	July 7, 2022 None

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Docket

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

Last updated July 10, 2024, 11:27 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
	Annotation - Bar Status	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
	Annotation - PHV	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
	Annotation - Deficiency Notice	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 RECAP
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) 1 Attachment Sur-Reply View on PACER	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 RECAP
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) 1 Attachment First Amended Complaint View on RECAP	July 13, 2020	July 13, 2020 RECAP
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 RECAP
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) 1 Attachment Proposed Order View on PACER	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) 1 Attachment Declaration of Jason Collins View on PACER 2 Attachment Declaration of Tammy Wishoun View on PACER 3 Attachment Declaration of Martha M. Lafferty View on PACER 4 Attachment Declaration of Amy F. Robertson View on PACER	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
	Annotation - Bar Status	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 Hearings	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
	Annotation - Deficiency Notice	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
	Motion Hearing	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

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Case Details

State / Territory: Tennessee

Case Type(s):

Prison Conditions

Disability Rights

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):