Case: Lombardi v. Raimondo

1:19-cv-00364 | U.S. District Court for the District of Rhode Island

Filed Date: July 3, 2019

Closed Date: March 16, 2022

Clearinghouse coding complete

Case Summary

This is a case about the civil rights of people who have been sentenced to a life term of incarceration.  On July 3, 2019, two men serving life sentences in the custody of the Rhode Island Department of Corrections filed this lawsuit in the U.S. District Court for the District of Rhode Island, challenging the constitutionality of the state's "Civil Death Act," R.I. Gen. Laws § 13-6-1 et seq. Under that statute, people sentenced to an adult correctional facility for life were declared "civilly d…

This is a case about the civil rights of people who have been sentenced to a life term of incarceration. 

On July 3, 2019, two men serving life sentences in the custody of the Rhode Island Department of Corrections filed this lawsuit in the U.S. District Court for the District of Rhode Island, challenging the constitutionality of the state's "Civil Death Act," R.I. Gen. Laws § 13-6-1 et seq. Under that statute, people sentenced to an adult correctional facility for life were declared "civilly dead," making them unable to exercise civil rights including the right to file a lawsuit, own property, or enter a contract. The plaintiffs each wished to bring tort claims (negligence and battery) against correctional facilities or facility employees, but their claims were barred by the Civil Death Act because of their life sentences. 

The plaintiffs sued the governor of Rhode Island in her official capacity, represented by private counsel with the cooperation of the ACLU Foundation of Rhode Island, bringing suit under 42 U.S.C. Section 1983. They claimed that the Civil Death Act violated the First, Fifth, Seventh, Eighth and Fourteenth Amendments to the U.S. Constitution. They sought declaratory and injunctive relief to halt enforcement of the Act, and attorney's fees. The case was assigned to Judge William E. Smith. 

The defendant filed a motion to dismiss for lack of standing and failure to state a claim on October 3, 2019, and the plaintiffs filed an amended complaint on February 24, 2020. The amended complaint expanded one plaintiff's claim: the Civil Death Act prevented him from joining a lawsuit initiated by other incarcerated people who were making the same battery claim he wanted to bring, against the same employee. 

On March 29, 2021, the court granted in part and denied in part the motion to dismiss, holding that the plaintiffs had standing to challenge only the deprivation that was a live controversy: the right to bring their tort claims in a lawsuit. They did not have standing regarding other aspects of the Civil Death Act that they mentioned in their complaint, like the right to marry. The court dismissed only the 8th Amendment claim and allowed the other claims to proceed. 529 F.Supp.3d 1. 

Later that year, on November 9, 2021, Judge Smith stayed the proceedings to allow the Rhode Island Supreme Court to decide two pending cases challenging the Civil Death Act. That court held the Civil Death Act unconstitutional under the Rhode Island Constitution on March 2, 2022. 269 A.3d 741. 

A few weeks later, on March 16, 2022, Judge Smith dismissed this case as moot, with each party bearing its own costs and fees. The case is now closed. 

Summary Authors

Christina Van Wagenen (6/5/2023)

Related Cases

Zab v. Rhode Island Department of Corrections, Rhode Island state trial court (None)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/15874397/parties/lombardi-v-raimondo/


Judge(s)

Smith, William E. (Rhode Island)

Attorney for Plaintiff

Deyoe, Sonja L. (Rhode Island)

Labinger, Lynette J. (Rhode Island)

Attorney for Defendant

Hill, Lauren E. (Rhode Island)

Sadeck, Katherine Connolly (Rhode Island)

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Documents in the Clearinghouse

Document
1

1:19-cv-00364

Complaint for Declaratory and Injunctive Relief

July 3, 2019

July 3, 2019

Complaint
17

1:19-cv-00364

First Amended Complaint for Declaratory and Injunctive Relief

March 19, 2020

March 19, 2020

Complaint
18

1:19-cv-00364

Memorandum and Order

Lombardi v. McKee

March 29, 2021

March 29, 2021

Order/Opinion

529 F.Supp.3d 529

26

1:19-cv-00364

Order

Lombardi v. McKee

March 16, 2022

March 16, 2022

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/15874397/lombardi-v-raimondo/

Last updated March 9, 2024, 3:08 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT ( filing fee paid $ 400.00, receipt number 0103-1391563 ), filed by James Lombardi, Joshua Davis. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Deyoe, Sonja) (Entered: 07/03/2019)

July 3, 2019

July 3, 2019

Clearinghouse

Case Assigned/Reassigned

July 3, 2019

July 3, 2019

PACER

Case assigned to Chief Judge William E. Smith and Magistrate Judge Patricia A. Sullivan. (Potter, Carrie)

July 3, 2019

July 3, 2019

PACER
2

CASE OPENING NOTICE ISSUED (Potter, Carrie) (Entered: 07/03/2019)

July 3, 2019

July 3, 2019

PACER
3

Summons Issued as to Gina M Raimondo. (Potter, Carrie) (Entered: 07/03/2019)

July 3, 2019

July 3, 2019

PACER
4

WAIVER OF SERVICE Returned Executed by James Lombardi, Joshua Davis. Gina M Raimondo waiver sent on 7/3/2019, answer due 9/3/2019. (Deyoe, Sonja) (Entered: 07/11/2019)

July 11, 2019

July 11, 2019

PACER
5

NOTICE of Appearance by Katherine Connolly Sadeck on behalf of Gina M Raimondo (Sadeck, Katherine) (Entered: 07/25/2019)

July 25, 2019

July 25, 2019

PACER
6

Assented MOTION for an Extension of Time To Respond to Complaint filed by Gina M Raimondo. Responses due by 9/3/2019. (Sadeck, Katherine) (Entered: 08/20/2019)

Aug. 20, 2019

Aug. 20, 2019

PACER

Set/Reset Deadlines

Aug. 23, 2019

Aug. 23, 2019

PACER

Order on Motion for Extension of Time

Aug. 23, 2019

Aug. 23, 2019

PACER

TEXT ORDER granting 6 Motion for Extension of Time; Reset Deadlines: Gina M Raimondo answer due 10/3/2019. So Ordered by Chief Judge William E. Smith on 8/23/2019. (Jackson, Ryan)

Aug. 23, 2019

Aug. 23, 2019

PACER
7

MOTION to Dismiss filed by Gina M Raimondo. Responses due by 10/17/2019. (Attachments: # 1 Supporting Memorandum)(Sadeck, Katherine) (Entered: 10/03/2019)

Oct. 3, 2019

Oct. 3, 2019

PACER
8

Joint MOTION for an Extension of Time to File Response/Reply as to 7 MOTION to Dismiss and as to Reply to Plaintiffs' Objection to Motion to Dismiss filed by All Plaintiffs. Responses due by 10/23/2019. (Labinger, Lynette) (Entered: 10/09/2019)

Oct. 9, 2019

Oct. 9, 2019

PACER

Order on Motion for Extension of Time to File Response/Reply

Oct. 16, 2019

Oct. 16, 2019

PACER

TEXT ORDER granting 8 Motion for Extension of Time to File Response and Reply re: 7 MOTION to Dismiss. Responses due by 12/2/2019. Replies due by 1/10/2020. So Ordered by Chief Judge William E. Smith on 10/16/2019. (Jackson, Ryan)

Oct. 16, 2019

Oct. 16, 2019

PACER
9

Joint MOTION for an Extension of Time to File Response/Reply as to 7 MOTION to Dismiss by Plaintiffs to 12/5/19 and for Defendant until 1/15/20 filed by All Plaintiffs. Responses due by 12/16/2019. (Deyoe, Sonja) (Entered: 12/02/2019)

Dec. 2, 2019

Dec. 2, 2019

PACER
10

RESPONSE In Opposition to 7 MOTION to Dismiss filed by All Plaintiffs. Replies due by 12/12/2019. (Attachments: # 1 Supporting Memorandum, # 2 Exhibit A, # 3 Exhibit B)(Deyoe, Sonja) (Entered: 12/05/2019)

Dec. 5, 2019

Dec. 5, 2019

PACER

Order on Motion for Extension of Time to File Response/Reply

Dec. 6, 2019

Dec. 6, 2019

PACER

TEXT ORDER granting 9 Motion for Extension of Time to File Response (nunc pro tunc) and Reply to 7 MOTION to Dismiss; Responses due by 12/5/2019. Replies due by 1/15/2020. So Ordered by District Judge William E. Smith on 12/6/2019. (Jackson, Ryan)

Dec. 6, 2019

Dec. 6, 2019

PACER
11

REPLY to Response re 10 Response to Motion to Dismiss filed by Gina M Raimondo. (Sadeck, Katherine) (Entered: 01/15/2020)

Jan. 15, 2020

Jan. 15, 2020

PACER
12

MOTION To file Surreply to motion to dismiss attached as exhibit 1 re: 11 Reply to Response filed by All Plaintiffs. Responses due by 2/4/2020. (Attachments: # 1 Exhibit 1 Surreply)(Deyoe, Sonja) (Entered: 01/21/2020)

Jan. 21, 2020

Jan. 21, 2020

PACER
13

RESPONSE In Opposition to 12 MOTION To file Surreply to motion to dismiss attached as exhibit 1 re: 11 Reply to Response filed by Gina M Raimondo. Replies due by 1/29/2020. (Attachments: # 1 Exhibit A)(Sadeck, Katherine) (Entered: 01/22/2020)

Jan. 22, 2020

Jan. 22, 2020

PACER
14

REPLY to Response re 13 Response to Motion, filed by All Plaintiffs. (Attachments: # 1 Exhibit 1)(Deyoe, Sonja) (Entered: 01/23/2020)

Jan. 23, 2020

Jan. 23, 2020

PACER

Notice of Hearing on Motion

Feb. 5, 2020

Feb. 5, 2020

PACER

Order on Motion for Miscellaneous Relief

Feb. 5, 2020

Feb. 5, 2020

PACER

NOTICE of Hearing on 7 MOTION to Dismiss: Motion Hearing scheduled for Monday 2/24/2020 at 11:00 AM in Courtroom 3 before District Judge William E. Smith. (Jackson, Ryan)

Feb. 5, 2020

Feb. 5, 2020

PACER

TEXT ORDER granting 12 MOTION To file Surreply to motion to dismiss. So Ordered by District Judge William E. Smith on 2/5/2020. (Jackson, Ryan)

Feb. 5, 2020

Feb. 5, 2020

PACER
15

NOTICE of Appearance by Lauren E. Hill on behalf of Gina M Raimondo (Hill, Lauren) (Entered: 02/14/2020)

Feb. 14, 2020

Feb. 14, 2020

PACER

Motion Hearing

Feb. 24, 2020

Feb. 24, 2020

PACER

Minute Entry for proceedings held before District Judge William E. Smith: Motion Hearing held on 2/24/2020 re 7 MOTION to Dismiss filed by Gina M Raimondo.Sonja Deyoe for Plaintiff. Katherine Sadeck for Defendant. Defendant and Plaintiff present arguments to the court. Plaintiff to amended complaint. Court to take under advisement. Court adjourned. (Court Reporter Lisa Schwam in Courtroom 3 at 11:00 am.) (McGuire, Vickie)

Feb. 24, 2020

Feb. 24, 2020

PACER
16

Assented MOTION to Amend/Correct 1 Complaint to file First Amended Complaint filed by All Plaintiffs. Responses due by 3/27/2020. (Attachments: # 1 Exhibit Proposed First Amended Complaint)(Labinger, Lynette) (Entered: 03/13/2020)

March 13, 2020

March 13, 2020

PACER

Order on Motion to Amend/Correct

March 19, 2020

March 19, 2020

PACER

TEXT ORDER granting 16 Motion to Amend/Correct. So Ordered by District Judge William E. Smith on 3/19/2020. (Jackson, Ryan)

March 19, 2020

March 19, 2020

PACER
17

AMENDED COMPLAINT against Gina M Raimondo filed by James Lombardi, Joshua Davis.(Potter, Carrie) (Entered: 03/19/2020)

March 19, 2020

March 19, 2020

Clearinghouse

TEXT ORDER: Pursuant to Fed. R. Civ. P. 25(d), Daniel J. McKee has been substituted for Governor Gina M. Raimondo as the defendant in this action. So Ordered by District Judge William E. Smith on 3/22/2021. (Jackson, Ryan)

March 22, 2021

March 22, 2021

PACER

Order

March 22, 2021

March 22, 2021

PACER
18

MEMORADUM AND ORDER granting in part and denying in part 7 Motion to Dismiss. So Ordered by District Judge William E. Smith on 3/29/2021. (Jackson, Ryan) (Entered: 03/29/2021)

March 29, 2021

March 29, 2021

Clearinghouse
19

Assented MOTION for an Extension of Time to File Answer re 17 Amended Complaint filed by Daniel J McKee. Responses due by 4/22/2021. (Sadeck, Katherine) (Entered: 04/08/2021)

April 8, 2021

April 8, 2021

PACER

TEXT ORDER granting 19 Motion for Extension of Time to Answer; Daniel J McKee answer due 5/12/2021. So Ordered by District Judge William E. Smith on 4/12/2021. (Jackson, Ryan)

April 12, 2021

April 12, 2021

PACER

Order on Motion for Extension of Time to Answer

April 12, 2021

April 12, 2021

PACER
20

ANSWER to 17 Amended Complaint by Daniel J McKee.(Sadeck, Katherine) (Entered: 05/12/2021)

May 12, 2021

May 12, 2021

PACER
21

Amended ANSWER to 17 Amended Complaint by Daniel J McKee.(Sadeck, Katherine) (Entered: 05/21/2021)

May 21, 2021

May 21, 2021

PACER
22

NOTICE of Hearing: Rule 16 Conference via Zoom scheduled for Tuesday 6/29/2021 at 10:30 AM as a Remote Hearing before District Judge William E. Smith; Zoom information below.(Zoom Meeting ID: 160 955 3492, Passcode: 964171) (Jackson, Ryan) (Entered: 06/09/2021)

June 9, 2021

June 9, 2021

PACER
23

RULE 16 STATEMENT by All Plaintiffs. (Deyoe, Sonja) (Entered: 06/21/2021)

June 21, 2021

June 21, 2021

PACER

Minute Entry for proceedings held before District Judge William E. Smith: Rule 16 Conference via Zoom held on 6/29/2021; counsel present: L. Labinger, S. Deyoe; K. Sadek. (Jackson, Ryan)

June 29, 2021

June 29, 2021

PACER
24

PRETRIAL SCHEDULING ORDER: Factual Discovery to be completed by 9/30/2021; Dispositive Motions briefing schedule to be submitted to the Court by the parties; Summary Judgment Conference requirement WAIVED; Pretrial Memorandum due 30 days after decision on any pending motions, or if no motions are pending, by 10/30/2021. So Ordered by District Judge William E. Smith on 6/30/2021. (Jackson, Ryan) (Entered: 06/30/2021)

June 30, 2021

June 30, 2021

PACER

Rule 16 Conference

June 30, 2021

June 30, 2021

PACER
25

Joint MOTION to Amend/Correct 24 Pretrial Scheduling Order, and to Set Dispositive Motions Briefing Schedule filed by All Plaintiffs. Responses due by 10/14/2021. (Attachments: # 1 Exhibit Proposed Amended Scheduling Order and Briefing Schedule)(Labinger, Lynette) (Entered: 09/30/2021)

Sept. 30, 2021

Sept. 30, 2021

PACER

NOTICE of Hearing: Remote Chambers Conference set for 11/9/2021 at 11:00 AM by Zoom before District Judge William E. Smith. (Urizandi, Nisshy)

Oct. 28, 2021

Oct. 28, 2021

PACER

Notice of Hearing (Form Attached)

Oct. 28, 2021

Oct. 28, 2021

PACER

TEXT ORDER denying as moot 25 Joint Motion to Amend/Correct Pretrial Scheduling order. After a conference with counsel and in light of issues pending before the Rhode Island Supreme Court, the Court will stay the schedule set forth in 24 Pretrial Scheduling Order until a decision has been issued by that court. So Ordered by District Judge William E. Smith on 11/9/2021. (Urizandi, Nisshy)

Nov. 9, 2021

Nov. 9, 2021

PACER

Minute Entry for proceedings held before District Judge William E. Smith: Remote Chambers Conference held on 11/9/2021. Lynnette Labinger, Sonja Deyoe, Katherine Connolly Sadeck participated. (by Zoom at 11:10 a.m.) (Urizandi, Nisshy)

Nov. 9, 2021

Nov. 9, 2021

PACER

Order on Motion to Amend/Correct

Nov. 9, 2021

Nov. 9, 2021

PACER

In Chambers Conference

Nov. 22, 2021

Nov. 22, 2021

PACER

NOTICE of Hearing: Chambers Conference set for 3/8/2022 at 11:00 AM by Zoom before District Judge William E. Smith. Zoom access information will be sent to counsel by email. (Urizandi, Nissheneyra)

March 2, 2022

March 2, 2022

PACER

Notice of Hearing (Form Attached)

March 2, 2022

March 2, 2022

PACER

Minute Entry for proceedings held before District Judge William E. Smith: Chambers Conference held on 3/8/2022. Lynette Labinger and Katherine Sadeck participated. (by Zoom at 11:05 a.m.) (Urizandi, Nissheneyra)

March 8, 2022

March 8, 2022

PACER

In Chambers Conference

March 9, 2022

March 9, 2022

PACER
26

ORDER OF DISMISSAL. So Ordered by District Judge William E. Smith on 3/16/2022. (Urizandi, Nissheneyra) (Entered: 03/16/2022)

March 16, 2022

March 16, 2022

RECAP
27

JUDGMENT dismissing this civil action as moot. So Ordered by District Judge William E. Smith on 3/16/2022. (Urizandi, Nissheneyra) (Entered: 03/16/2022)

March 16, 2022

March 16, 2022

PACER

Case Details

State / Territory: Rhode Island

Case Type(s):

Criminal Justice (Other)

Key Dates

Filing Date: July 3, 2019

Closing Date: March 16, 2022

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Two men who were incarcerated for life at a Rhode Island state correctional facility.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Rhode Island, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Petitions clause

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Freedom of speech/association

Equal Protection

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Access to lawyers or judicial system

Conditions of confinement

Courts

Marriage

Discrimination-area:

Disparate Treatment

Type of Facility:

Government-run