Case: Kadamovas v. Federal Bureau of Prisons

2:23-cv-00022 | U.S. District Court for the Southern District of Indiana

Filed Date: Jan. 12, 2023

Case Ongoing

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Case Summary

This is a lawsuit challenging solitary confinement conditions for individuals on death row in the United States Penitentiary in Terre Haute, Indiana. When this suit was filed, the U.S. Penitentiary in Terre Haute operated the only unit in the United States Bureau of Prisons that exclusively held men sentenced to death by federal courts. Referred to as the Special Confinement Unit, individuals incarcerated in the unit were only permitted to leave their single cells a few hours each week. Even wh…

This is a lawsuit challenging solitary confinement conditions for individuals on death row in the United States Penitentiary in Terre Haute, Indiana. When this suit was filed, the U.S. Penitentiary in Terre Haute operated the only unit in the United States Bureau of Prisons that exclusively held men sentenced to death by federal courts. Referred to as the Special Confinement Unit, individuals incarcerated in the unit were only permitted to leave their single cells a few hours each week. Even when allowed to leave, they were generally denied congregate interactions.

On January 12, 2023, one individual imprisoned in the Special Confinement Unit filed a putative class action suit in the U.S. District Court for the Southern District of Indiana against the Director of the Federal Bureau of Prisons in her official capacity; the Federal Bureau of Prisons; the Warden of the U.S. Penitentiary in Terre Haute, Indiana in his official and individual capacity; a previous Warden of the U.S. Penitentiary in Terre Haute, Indiana in his individual capacity; and the U.S. Penitentiary in Terre Haute. Represented by the ACLU and private counsel, the plaintiff sought declaratory and injunctive relief, damages, and attorneys’ fees. The case was assigned to District Judge Jane Magnus-Stinson. 

The plaintiff alleged that the solitary confinement conditions in the Special Confinement Unit violated the Eighth Amendment of the Constitution. According to the complaint, individuals incarcerated in the Special Confinement Unit were generally confined at all times to their cells, which contained a table, a stool, a metal sink, a toilet unit, a shower, and a slit-like window they could not open. Individuals with “Phase I” status were permitted to leave their cells for solitary recreation one hour a day for five days a week in either a small indoor area with exercise equipment or in individual outdoor recreation cages with a basketball net. When granted “Phase II” status, the plaintiff alleged they were permitted to engage in the one recreational hour with one other assigned individual. They were also permitted to meet with the assigned individual two days a week for ninety minutes in a small leisure room with books, hot water, and a television. If one’s assigned individual refused to go to the recreation or leisure room, one would have solitary recreation or go to the leisure room alone. The plaintiff claimed that recreation and leisure room visits for individuals in “Phase II” were often canceled and never rescheduled. 

According to the complaint, they were also permitted to leave their cells one hour a day for solitary time in a small room with a computer terminal. Additionally, they could occasionally use another area with six cages for religious services, with the incarcerated individuals locked into each cage individually while a religious leader remained outside of the cages. According to a report from the Office of the Inspector General, individuals incarcerated remained in “Phase I” for at least one year and up to an indefinite period of time.

The plaintiff sued on his own behalf and on behalf of a class of “all current and future prisoners confined to death row, currently known as the Special Confinement Unit, at the United States Penitentiary, Terre Haute, Indiana.” The plaintiff sued for declaratory relief that the defendants violated the Eighth Amendment. The plaintiff also sued under Ex Parte Young for injunctive relief that would allow the plaintiff and the putative class to leave their cells for multiple hours a day and to partake in congregate activities. Under Bivens, the plaintiff sued for individual damages to compensate for the violation of his constitutional rights and the suffering of physical and emotional injuries. The plaintiff also sued for his costs and attorneys’ fees. 

On March 17, 2023, the court stayed the case for 21 days pending screening of the complaint. On March 27, 2023, the court issued a brief order finding that the plaintiff had made out viable Eighth Amendment claims for money damages against the defendants in their individual capacities and for injunctive and declaratory relief against the defendants in their official capacities. 

On April 4, 2023, the case was reassigned to District Judge Matthew P. Brookman, possibly for workload reasons. 

As of April 13, 2023, this case was ongoing.

Summary Authors

Stephanie Kim (3/31/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/66718568/parties/kadamovas-v-federal-bureau-of-prisons/


Judge(s)
Attorney for Plaintiff

Burkhart, Matthew Evan (Indiana)

Elliott, Matthew Richard (Indiana)

Falk, Kenneth J. (Indiana)

Attorney for Defendant

Bell, Kevin (Indiana)

Edelman, Christopher D. (Indiana)

Expert/Monitor/Master/Other

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Documents in the Clearinghouse

Document
1

2:23-cv-00022

Class Action Complaint for Declaratory and Injunctive Relief and Damages

Jan. 12, 2023

Jan. 12, 2023

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/66718568/kadamovas-v-federal-bureau-of-prisons/

Last updated Jan. 31, 2025, 3:47 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against U.S. BUREAU OF PRISONS DIRECTOR, STEVEN KALLIS, WARDEN, USP TERRE HAUTE, THOMAS J. WATSON, filed by JURIJUS KADAMOVAS. (No fee paid with this filing) (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit, # 3 Proposed Summons)(DRB) (Entered: 01/12/2023)

1 Civil Cover Sheet

View on PACER

2 Exhibit

View on RECAP

3 Proposed Summons

View on PACER

Jan. 12, 2023

Jan. 12, 2023

RECAP
2

NOTICE of Appearance by Stevie J. Pactor on behalf of Plaintiff JURIJUS KADAMOVAS. (Pactor, Stevie) (Entered: 01/12/2023)

Jan. 12, 2023

Jan. 12, 2023

PACER
3

** PLEASE DISREGARD DOCKETED IN ERROR ** Notice to File Rule 7.1 Disclosure Statement. (RAGS) (DRB) Modified on 1/12/2023 (DRB). (Entered: 01/12/2023)

Jan. 12, 2023

Jan. 12, 2023

PACER
4

Notice to File Rule 7.1 Disclosure Statement. (RAGS) (DRB) (Entered: 01/12/2023)

Jan. 12, 2023

Jan. 12, 2023

RECAP
5

NOTICE of Appearance by Gavin Minor Rose on behalf of Plaintiff JURIJUS KADAMOVAS. (Rose, Gavin) (Entered: 01/12/2023)

Jan. 12, 2023

Jan. 12, 2023

PACER
6

NOTICE of Appearance by Kenneth J. Falk on behalf of Plaintiff JURIJUS KADAMOVAS. (Falk, Kenneth) (Entered: 01/12/2023)

Jan. 12, 2023

Jan. 12, 2023

PACER
7

MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DRB) (Entered: 01/12/2023)

Jan. 12, 2023

Jan. 12, 2023

RECAP
8

NOTICE of Appearance by Matthew Richard Elliott on behalf of Plaintiff JURIJUS KADAMOVAS. (Elliott, Matthew) (Entered: 01/12/2023)

Jan. 12, 2023

Jan. 12, 2023

PACER
9

NOTICE of Appearance by Daniel E. Pulliam on behalf of Plaintiff JURIJUS KADAMOVAS. (Pulliam, Daniel) (Entered: 01/12/2023)

Jan. 12, 2023

Jan. 12, 2023

PACER
10

NOTICE of Appearance by Matthew Evan Burkhart on behalf of Plaintiff JURIJUS KADAMOVAS. (Burkhart, Matthew) (Entered: 01/12/2023)

Jan. 12, 2023

Jan. 12, 2023

PACER

Notice to File Rule 7.1 Disclosure Statement

Jan. 12, 2023

Jan. 12, 2023

PACER
11

RECEIPT #3397 for filing fee in the amount of $402.00, paid by KENNETH FALK. (DRB) (Entered: 01/13/2023)

Jan. 13, 2023

Jan. 13, 2023

PACER
12

PRACTICES AND PROCEDURES before Judge Jane Magnus-Stinson. (KAA) (Entered: 01/13/2023)

Jan. 13, 2023

Jan. 13, 2023

PACER
13

Summons Issued as to FEDERAL BUREAU OF PRISONS, STEVEN KALLIS, THOMAS J. WATSON, US Attorney, Attorney General. (KAA) (Entered: 01/13/2023)

Jan. 13, 2023

Jan. 13, 2023

PACER

Receipt

Jan. 13, 2023

Jan. 13, 2023

PACER
14

RETURN of Service by CMRRR, filed by JURIJUS KADAMOVAS. STEVEN KALLIS served on 1/18/2023. (Falk, Kenneth) (Entered: 01/31/2023)

Jan. 31, 2023

Jan. 31, 2023

PACER
15

RETURN of Service by CMRRR, filed by JURIJUS KADAMOVAS. THOMAS J. WATSON served on 1/18/2023. (Falk, Kenneth) (Entered: 01/31/2023)

Jan. 31, 2023

Jan. 31, 2023

PACER
16

RETURN of Service by CMRRR, filed by JURIJUS KADAMOVAS. FEDERAL BUREAU OF PRISONS served on 1/23/2023. (Falk, Kenneth) (Entered: 01/31/2023)

Jan. 31, 2023

Jan. 31, 2023

PACER
17

RETURN of Service by CMRRR, filed by JURIJUS KADAMOVAS. US ATTORNEY served on 1/17/2023. (Falk, Kenneth) Modified on 2/1/2023 (KAA). (Entered: 01/31/2023)

Jan. 31, 2023

Jan. 31, 2023

PACER
18

RETURN of Service by CMRRR, filed by JURIJUS KADAMOVAS. ATTORNEY GENERAL served on 1/24/2023. (Falk, Kenneth) Modified on 2/1/2023 (KAA). (Entered: 01/31/2023)

Jan. 31, 2023

Jan. 31, 2023

PACER
19

NOTICE of Appearance by Christopher D. Edelman on behalf of Defendants FEDERAL BUREAU OF PRISONS, STEVEN KALLIS. (Edelman, Christopher) (Entered: 03/06/2023)

March 6, 2023

March 6, 2023

RECAP
20

NOTICE of Appearance by Kevin Bell on behalf of Defendants FEDERAL BUREAU OF PRISONS, STEVEN KALLIS. (Bell, Kevin) (Entered: 03/06/2023)

March 6, 2023

March 6, 2023

RECAP
21

Unopposed MOTION to Stay Response Deadline, filed by Defendants FEDERAL BUREAU OF PRISONS, STEVEN KALLIS. (Attachments: # 1 Text of Proposed Order Proposed Order)(Bell, Kevin) (Entered: 03/13/2023)

March 13, 2023

March 13, 2023

PACER
22

ORDER granting 21 Defendants' unopposed Motion to Stay. The deadline for all Defendants to answer or otherwise respond to the Complaint is STAYED until twenty-one days after the Court has reviewed the Complaint pursuant to 28 U.S.C. § 1915A, and issued a screening order. Signed by Magistrate Judge M. Kendra Klump on 3/17/2023. (KAA) (Entered: 03/17/2023)

March 17, 2023

March 17, 2023

PACER
23

Order Screening Complaint and Directing Further Proceedings - Plaintiff Jurijus Kadamovas, on his own behalf and on behalf of a class of those similarly situated has sued the Director of the Federal Bureau of Prisons and other federal officials. Mr. Kadamovas is housed on "death row" also known as the Special Confinement Unit (SCU) at the United State Penitentiary in Terre Haute, Indiana. Mr. Kadamovas is represented by counsel, but because the plaintiff is a "prisoner," this Court has an obligation to screen the complaint before service on the defendants. The Eighth Amendment claim for money damages alleged against the defendants in their individual capacity and the Eighth Amendment claim for injunctive and declaratory relief alleged against the defendants in their official capacities, are the only viable claims identified by the Court. If the plaintiff believes that additional claims were alleged in the complaint, but not identified by the Court, he shall have through April 17, 2023, in which to identify those claims. The defendants have been served and shall have 21-days from the date this Order is issued to file their Answer or to otherwise respond to the Complaint. Dkt. 22 . (See Order.) Signed by Judge Jane Magnus-Stinson on 3/27/2023. (JSR) (Entered: 03/27/2023)

March 27, 2023

March 27, 2023

PACER
24

NOTICE of Reassignment of Case to Judge Matthew P. Brookman. Judge Jane Magnus-Stinson is no longer assigned to this case. Please include the new case number, 2:23-cv-22-MPB-MKK, on all future filings in this matter. (JD) (Entered: 04/04/2023)

April 4, 2023

April 4, 2023

RECAP
25

MOTION for Extension of Time to June 12, 2023 for Service, filed by Plaintiff JURIJUS KADAMOVAS. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 04/10/2023)

April 10, 2023

April 10, 2023

PACER
26

Consent MOTION to Stay, filed by Defendants FEDERAL BUREAU OF PRISONS, STEVEN KALLIS. (Attachments: # 1 Text of Proposed Order)(Bell, Kevin) (Entered: 04/13/2023)

April 13, 2023

April 13, 2023

PACER
27

ORDER - Plaintiff Jurijus Kadamovas's motion for time through June 12, 2023, to serve Steven Kallis and Thomas J. Watson, in their individual capacities, dkt. 25, is GRANTED. With the exception of perfecting service on the individual defendants, the official-capacity Defendants' Consent Motion to Stay, dkt. 26, is GRANTED, and the case is STAYED for a period of six months. The Parties shall file a joint status report by no later than June 12, 2023. Signed by Magistrate Judge M. Kendra Klump on 4/17/2023. (KAA) (Entered: 04/18/2023)

April 18, 2023

April 18, 2023

PACER
28

AFFIDAVIT of Service for Summons and Complaint served on Steven Kallis on 4/21/2023, filed by JURIJUS KADAMOVAS. (Pactor, Stevie) (Entered: 04/21/2023)

April 21, 2023

April 21, 2023

PACER
29

AFFIDAVIT of Service for Summons and Complaint served on Thomas Watson on 4/21/2023, filed by JURIJUS KADAMOVAS. (Pactor, Stevie) (Entered: 04/21/2023)

April 21, 2023

April 21, 2023

PACER
30

AFFIDAVIT of Service for Summons and Complaint served on United States Attorney on 4/21/2023, filed by JURIJUS KADAMOVAS. (Pactor, Stevie) (Entered: 04/21/2023)

April 21, 2023

April 21, 2023

PACER
31

AFFIDAVIT of Service for Summons and Complaint served on Attorney General on 4/21/2023, filed by JURIJUS KADAMOVAS. (Pactor, Stevie) (Entered: 04/21/2023)

April 21, 2023

April 21, 2023

PACER
32

NOTICE of Appearance by Joseph Gonzalez on behalf of Defendants STEVEN KALLIS, THOMAS J. WATSON. (Gonzalez, Joseph) (Entered: 06/06/2023)

June 6, 2023

June 6, 2023

PACER
33

JOINT STATUS REPORT by FEDERAL BUREAU OF PRISONS, STEVEN KALLIS. (Bell, Kevin) Modified on 6/13/2023 to update title (BRR). (Entered: 06/12/2023)

June 12, 2023

June 12, 2023

PACER
34

Order Directing Filing of Second Joint Status Report - On April 17, 2023, the Court stayed this action for a period of six months. Now before the Court is the Parties' Joint Status Report which states: On May 10, 2023, the Parties held initial, in-person discussions aimed toward settlement in an amicable manner. These discussions are ongoing, and the Parties propose to file a joint status report on August 11, 2023 (in sixty days) updating the court on the status of those discussions. Dkt. 33 . The Parties' proposal is well taken. The Parties shall file a second joint status report by no later than August 11, 2023. Signed by Magistrate Judge M. Kendra Klump on 06/15/2023.(AAS) (Entered: 06/16/2023)

June 16, 2023

June 16, 2023

RECAP
35

STATUS REPORT -JOINT- by JURIJUS KADAMOVAS. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 08/11/2023)

1 Text of Proposed Order

View on PACER

Aug. 11, 2023

Aug. 11, 2023

PACER
36

ORDER - The 35 Second Joint Status Report is APPROVED. The Parties are ordered to file a proposed case management plan within 30 days of this Order. The parties must address the stay in their proposed CMP. 27 . An initial pretrial conference shall be set by separate order. SEE ORDER. Signed by Magistrate Judge M. Kendra Klump on 8/18/2023.(JRB) (Entered: 08/21/2023)

Aug. 18, 2023

Aug. 18, 2023

PACER
37

SCHEDULING ORDER:Telephonic Initial Pretrial Conference set for 9/19/2023 03:30 PM (Eastern Time) before Magistrate Judge M. Kendra Klump. The Court will contact counsel by separate email through the Court's electronic filing system with the call-in information to be used to participate in the conference. Signed by Magistrate Judge M. Kendra Klump on 8/20/2023.(SWM) (Entered: 08/22/2023)

Aug. 20, 2023

Aug. 20, 2023

PACER
39

CASE MANAGEMENT PLAN TENDERED, filed by Plaintiff JURIJUS KADAMOVAS . (Falk, Kenneth) (Entered: 09/15/2023)

Sept. 15, 2023

Sept. 15, 2023

PACER
40

MINUTE ORDER for Telephonic Initial Pretrial Conference held before Magistrate Judge M. Kendra Klump on 9/19/2023. Telephonic Status Conference set for 11/7/2023 at 11:30 AM (Eastern Time) before Magistrate Judge M. Kendra Klump. Settlement Conference set for 12/1/2023 at 9:00 AM (Eastern Time) in room #255, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge M. Kendra Klump. See Minute Order for further information and deadlines. Signed by Magistrate Judge M. Kendra Klump. (BAS) (Entered: 09/22/2023)

Sept. 20, 2023

Sept. 20, 2023

PACER
41

ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED - Dispositive Motions due by 9/18/2024. Discovery due by 7/18/2024. Settlement Conference set for 12/1/2023 09:00 AM in room #255, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge M. Kendra Klump. Telephonic Status Conference set for 11/7/2023 at 11:30 AM (Eastern Time) before Magistrate Judge M. Kendra Klump. Signed by Magistrate Judge M. Kendra Klump on 9/20/2023.(JRB) (Entered: 09/22/2023)

Sept. 20, 2023

Sept. 20, 2023

PACER
42

ORDER REGARDING DISCOVERY DISPUTES - SEE ORDER. Signed by Magistrate Judge M. Kendra Klump on 9/20/2023.(JRB) Modified on 9/22/2023 (JRB). (Entered: 09/22/2023)

Sept. 20, 2023

Sept. 20, 2023

PACER
43

ORDER REGARDING PROTECTIVE ORDERS - A motion for the entry of an agreed protective order should be filed as soon as practicable, but in any event no later than 14 days prior to the original due date for any discovery response with regard to which the responding party proposes to rely upon the protective order when responding. SEE ORDER. Signed by Magistrate Judge M. Kendra Klump on 9/20/2023.(JRB) (Entered: 09/22/2023)

Sept. 20, 2023

Sept. 20, 2023

RECAP
44

Joint MOTION to Amend/Correct Entry and Order from Initial Pretrial Conference, filed by Defendants FEDERAL BUREAU OF PRISONS, STEVEN KALLIS. (Attachments: # 1 Text of Proposed Order)(Edelman, Christopher) (Entered: 09/27/2023)

Sept. 27, 2023

Sept. 27, 2023

PACER
45

Unopposed MOTION to Amend/Correct Entry and Order from Initial Pretrial Conference, filed by Defendants FEDERAL BUREAU OF PRISONS, STEVEN KALLIS. (Attachments: # 1 Text of Proposed Order)(Edelman, Christopher) (Entered: 09/27/2023)

Sept. 27, 2023

Sept. 27, 2023

PACER
46

ORDER granting 44 Motion to Amend Entry and Order from Initial Pretrial Conference. Settlement Conference set for 12/1/2023 is VACATED and RESET for 10/30/2023 at 9:00 AM (Eastern Time) in room #255, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge M. Kendra Klump. Counsel for the individual capacity Defendants may attend the October 30, 2023, settlement conference virtually; instructions for virtual attendance will be issued by separate Order. See Order for reset deadlines. Signed by Magistrate Judge M. Kendra Klump on 10/3/2023.(LBT) (Entered: 10/03/2023)

Oct. 3, 2023

Oct. 3, 2023

PACER
47

ORDER granting 45 Motion to Amend Entry and Order from Initial Pretrial Conference - The Defendants are excused from the requirement that a representative for Defendants with full settlement authority attend the October 30, 2023, settlement conference. Signed by Magistrate Judge M. Kendra Klump on 10/6/2023. (JRB) (Entered: 10/10/2023)

Oct. 6, 2023

Oct. 6, 2023

PACER
48

ORDER to Make Inmate Available - via Telephone. Warden of USP Terre Haute ordered to make Jurijus Kadamovas Available - via Telephone for court proceeding on 10/30/2023. Signed by Magistrate Judge M. Kendra Klump on 10/12/2023.(JRB) (Main Document 48 replaced on 10/16/2023) (BAS). (Main Document 48 replaced on 10/16/2023) (BAS). (Entered: 10/13/2023)

Oct. 12, 2023

Oct. 12, 2023

PACER
49

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, filed by Defendants FEDERAL BUREAU OF PRISONS, STEVEN KALLIS. (Attachments: # 1 Memorandum of Law in Support of Motion to Dismiss)(Edelman, Christopher) (Entered: 10/18/2023)

Oct. 18, 2023

Oct. 18, 2023

PACER
50

NOTICE of Appearance by Kenneth Yeatts Turnbull on behalf of Defendants FEDERAL BUREAU OF PRISONS, STEVEN KALLIS. (Turnbull, Kenneth) (Entered: 10/19/2023)

Oct. 19, 2023

Oct. 19, 2023

PACER
51

MOTION for Extension of Time to File Response to December 8, 2023 re 49 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, filed by Plaintiff JURIJUS KADAMOVAS. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 10/20/2023)

Oct. 20, 2023

Oct. 20, 2023

PACER
52

RESPONSE in Opposition re 51 MOTION for Extension of Time to File Response to December 8, 2023 re 49 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, filed by Defendants FEDERAL BUREAU OF PRISONS, STEVEN KALLIS. (Edelman, Christopher) (Entered: 10/23/2023)

Oct. 23, 2023

Oct. 23, 2023

PACER
53

NOTICE of Appearance by Addison Marie Kane Zielinski on behalf of Plaintiff JURIJUS KADAMOVAS. (Zielinski, Addison) (Entered: 10/26/2023)

Oct. 26, 2023

Oct. 26, 2023

PACER
54

ORDER granting Plaintiff's 51 Motion for Extension of Time to File Response to 11/20/2023 re 49 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM - See Order for additional information. Signed by Magistrate Judge M. Kendra Klump on 10/27/2023. (SWM) (Entered: 10/27/2023)

Oct. 27, 2023

Oct. 27, 2023

PACER
55

NOTICE of Appearance by Jean M. Cunningham on behalf of Defendants STEVEN KALLIS, THOMAS J. WATSON. (Cunningham, Jean) (Entered: 10/27/2023)

Oct. 27, 2023

Oct. 27, 2023

PACER
56

MINUTE ORDER for Settlement Conference held before Magistrate Judge M. Kendra Klump on 10/30/2023. A settlement was not achieved. Telephonic Status Conference set for 12/19/2023 at 9:30 AM (Eastern Time) before Magistrate Judge M. Kendra Klump. See Minute Order for further information. Signed by Magistrate Judge M. Kendra Klump. (BAS) (Entered: 10/31/2023)

Oct. 30, 2023

Oct. 30, 2023

PACER
57

NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Jean M. Cunningham hereby notifies the Clerk of the court of changed contact information. (Cunningham, Jean) (Entered: 11/02/2023)

Nov. 2, 2023

Nov. 2, 2023

PACER
58

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, filed by Defendants STEVEN KALLIS, THOMAS J. WATSON. (Attachments: # 1 Brief in Support of Motion to Dismiss)(Cunningham, Jean) (Entered: 11/03/2023)

Nov. 3, 2023

Nov. 3, 2023

PACER
59

MOTION to Amend/Correct For Leave to File First Amended Class Action Complaint for Declaratory and Injunctive Relief, filed by Plaintiff JURIJUS KADAMOVAS. (Attachments: # 1 Exhibit A - First Amended Complaint, # 2 Exhibit 1 to Amended Complaint - Receipt of Administrative Remedy, # 3 Text of Proposed Order)(Pulliam, Daniel) (Entered: 11/20/2023)

Nov. 20, 2023

Nov. 20, 2023

PACER
60

RESPONSE in Opposition re 49 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, filed by Plaintiff JURIJUS KADAMOVAS. (Pulliam, Daniel) (Entered: 11/20/2023)

Nov. 20, 2023

Nov. 20, 2023

PACER
61

RESPONSE to Motion re 59 MOTION to Amend/Correct For Leave to File First Amended Class Action Complaint for Declaratory and Injunctive Relief, filed by Defendants FEDERAL BUREAU OF PRISONS, STEVEN KALLIS. (Turnbull, Kenneth) (Entered: 11/22/2023)

Nov. 22, 2023

Nov. 22, 2023

PACER
62

**PLEASE DISREGARD - STRICKEN AT 66 ** AMENDED COMPLAINT against All Defendants, filed by JURIJUS KADAMOVAS.(O'Donnell, Margaret) Modified on 12/12/2023 (KAA). (Entered: 11/30/2023)

Nov. 30, 2023

Nov. 30, 2023

RECAP
63

First MOTION to withdraw amended complaint, filed by Plaintiff JURIJUS KADAMOVAS. (Attachments: # 1 Text of Proposed Order Order granting motion to withdraw amended complaint)(O'Donnell, Margaret) (Entered: 11/30/2023)

Nov. 30, 2023

Nov. 30, 2023

PACER
64

MOTION to Stay (Temporarily) Discovery, filed by Defendants FEDERAL BUREAU OF PRISONS, STEVEN KALLIS. (Edelman, Christopher) (Entered: 12/01/2023)

Dec. 1, 2023

Dec. 1, 2023

PACER
65

RESPONSE to Motion re 59 MOTION to Amend/Correct For Leave to File First Amended Class Action Complaint for Declaratory and Injunctive Relief, filed by Defendants STEVEN KALLIS, THOMAS J. WATSON. (Cunningham, Jean) (Entered: 12/04/2023)

Dec. 4, 2023

Dec. 4, 2023

PACER
66

ORDER ON PENDING MOTIONS, SCREENING AMENDED CLASS ACTION COMPLAINT, AND DIRECTING FURTHER PROCEEDINGS - The motion to withdraw the Amended Complaint filed on November 30, 2023, dkt. 63, is granted. This pleading was inadvertently filed in the wrong case. The Amended Complaint, dkt 62, shall be stricken on the docket. The unopposed motion for leave to file a First Amended Class Action Complaint for Declaratory and Injunctive Relief, dkt. 59, is granted. See dkt. 61 at 1. Plaintiff's counsel is directed to re-file the proposed First Amended Class Action Complaint for Declaratory and Injunctive Relief and Exhibit 1 as the First Amended Class Action Complaint for Declaratory and Injunctive Relief. The motions to dismiss for failure to state a claim, dkts 49 and 58, are denied as moot given the filing of the Amended Class Action Complaint for Declaratory and Injunctive Relief. SEE ORDER. Signed by District Judge Matthew P. Brookman on 12/12/2023. (KAA) (Entered: 12/12/2023)

Dec. 12, 2023

Dec. 12, 2023

PACER
67

AMENDED COMPLAINT First Amended Class Action Complaint For Declaratory and Injunctive Relief against FEDERAL BUREAU OF PRISONS, STEVEN KALLIS, THOMAS J. WATSON, filed by JURIJUS KADAMOVAS. (Attachments: # 1 Exhibit 1)(Pulliam, Daniel) (Entered: 12/13/2023)

Dec. 13, 2023

Dec. 13, 2023

PACER
68

RESPONSE in Opposition re 64 MOTION to Stay (Temporarily) Discovery Pending Resolution of Motion to Dismiss, filed by Plaintiff JURIJUS KADAMOVAS. (Pulliam, Daniel) (Entered: 12/15/2023)

Dec. 15, 2023

Dec. 15, 2023

PACER
70

MINUTE ORDER for Telephonic Status Conference held before Magistrate Judge M. Kendra Klump on 12/19/2023. Telephonic Status Conference set for 2/14/2024 at 2:30 PM (Eastern Time) before Magistrate Judge M. Kendra Klump. See Minute Order for further information. Signed by Magistrate Judge M. Kendra Klump. (BAS) (Entered: 12/19/2023)

Dec. 19, 2023

Dec. 19, 2023

PACER
71

REPLY in Support of Motion re 64 MOTION to Stay (Temporarily) Discovery, filed by Defendants FEDERAL BUREAU OF PRISONS, STEVEN KALLIS. (Edelman, Christopher) (Entered: 12/22/2023)

Dec. 22, 2023

Dec. 22, 2023

PACER
72

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM 67 (First Amended Complaint), filed by Defendants FEDERAL BUREAU OF PRISONS, STEVEN KALLIS. (Turnbull, Kenneth) (Entered: 01/08/2024)

Jan. 8, 2024

Jan. 8, 2024

PACER
73

BRIEF/MEMORANDUM in Support re 72 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM 67 (First Amended Complaint), filed by Defendants FEDERAL BUREAU OF PRISONS, STEVEN KALLIS. (Turnbull, Kenneth) (Entered: 01/08/2024)

Jan. 8, 2024

Jan. 8, 2024

PACER
74

MOTION for Protective Order, filed by Defendants FEDERAL BUREAU OF PRISONS, STEVEN KALLIS. (Attachments: # 1 Text of Proposed Order)(Bell, Kevin) (Entered: 01/22/2024)

Jan. 22, 2024

Jan. 22, 2024

PACER
75

Witness List and Exhibit List (Preliminary), filed by Plaintiff JURIJUS KADAMOVAS. (Pulliam, Daniel) (Entered: 01/25/2024)

Jan. 25, 2024

Jan. 25, 2024

PACER
76

RESPONSE in Opposition re 72 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM 67 (First Amended Complaint), filed by Plaintiff JURIJUS KADAMOVAS. (Pulliam, Daniel) (Entered: 01/29/2024)

Jan. 29, 2024

Jan. 29, 2024

PACER
77

MOTION for Extension of Time to File Reply to February 12, 2024 re 72 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM 67 (First Amended Complaint), filed by Defendants FEDERAL BUREAU OF PRISONS, STEVEN KALLIS. (Attachments: # 1 Text of Proposed Order Proposed Order re Consent Motion for Extension of Time to File Reply Brief)(Turnbull, Kenneth) (Entered: 02/01/2024)

Feb. 1, 2024

Feb. 1, 2024

PACER
78

Witness List and Exhibit List (Preliminary), filed by Defendants FEDERAL BUREAU OF PRISONS, STEVEN KALLIS. (Edelman, Christopher) (Entered: 02/01/2024)

Feb. 1, 2024

Feb. 1, 2024

PACER
79

ORDER granting 77 MOTION for Extension of Time to File Reply to February 12, 2024 re 72 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Signed by Magistrate Judge M. Kendra Klump on 2/2/24. (RSF) (Entered: 02/02/2024)

Feb. 2, 2024

Feb. 2, 2024

PACER
80

Joint MOTION for Protective Order, filed by Defendants FEDERAL BUREAU OF PRISONS, STEVEN KALLIS. (Attachments: # 1 Text of Proposed Order)(Bell, Kevin) (Entered: 02/05/2024)

Feb. 5, 2024

Feb. 5, 2024

PACER
81

ORDER denying 64 Motion to Stay - For the reasons stated, Defendant's Motion, Dkt. 64, is DENIED. SEE ORDER. Signed by Magistrate Judge M. Kendra Klump on 02/12/2024. (AAS) (Entered: 02/12/2024)

Feb. 12, 2024

Feb. 12, 2024

PACER
82

REPLY in Support of Motion re 72 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM 67 (First Amended Complaint), filed by Defendants FEDERAL BUREAU OF PRISONS, STEVEN KALLIS. (Turnbull, Kenneth) (Entered: 02/12/2024)

Feb. 12, 2024

Feb. 12, 2024

PACER
84

STIPULATED PROTECTIVE ORDER 80 APPROVED as submitted. Dkt. 74 DENIED as moot. Signed by Magistrate Judge M. Kendra Klump on 2/13/2024.(SWM) (Entered: 02/14/2024)

Feb. 13, 2024

Feb. 13, 2024

PACER
85

MINUTE ORDER for Telephonic Status Conference held before Magistrate Judge M. Kendra Klump on 2/14/2024. Telephonic Status Conference set for 5/22/2024 at 10:30 AM (Eastern Time) before Magistrate Judge M. Kendra Klump. See Minute Order for further information. Signed by Magistrate Judge M. Kendra Klump. (BAS) (Entered: 02/15/2024)

Feb. 15, 2024

Feb. 15, 2024

PACER
86

APPEAL OF MAGISTRATE JUDGE DECISION to District Court by FEDERAL BUREAU OF PRISONS, STEVEN KALLIS (Turnbull, Kenneth) (Entered: 02/26/2024)

Feb. 26, 2024

Feb. 26, 2024

PACER
87

NOTICE of Appearance by John R. Maley on behalf of Amicus Whitewater Valley Pro Bono Commission. (Maley, John) (Entered: 03/04/2024)

March 4, 2024

March 4, 2024

PACER
88

MOTION for Leave to File Amicus Curiae Brief in Support of Plaintiff's Opposition to Rule 12(b)(6) Dismissal, filed by Amicus Whitewater Valley Pro Bono Commission. (Attachments: # 1 Brief of Amicus Curiae, # 2 Text of Proposed Order)(Maley, John) (Entered: 03/04/2024)

March 4, 2024

March 4, 2024

PACER
89

NOTICE of Appearance by Amanda Jane Gallagher on behalf of Amicus Whitewater Valley Pro Bono Commission. (Gallagher, Amanda) (Entered: 03/04/2024)

March 4, 2024

March 4, 2024

PACER
90

NOTICE of Appearance by Charlie Rice on behalf of Amicus Whitewater Valley Pro Bono Commission. (Rice, Charlie) (Entered: 03/04/2024)

March 4, 2024

March 4, 2024

PACER
91

NOTICE of Appearance by Cory Louis Turner on behalf of Amicus Whitewater Valley Pro Bono Commission. (Turner, Cory) (Entered: 03/04/2024)

March 4, 2024

March 4, 2024

PACER
92

NOTICE of Appearance by Zachary T. Miller on behalf of Amicus Whitewater Valley Pro Bono Commission. (Miller, Zachary) (Entered: 03/04/2024)

March 4, 2024

March 4, 2024

PACER
93

RESPONSE in Opposition to Defendants' Objections to Magistrate Judge's Denial of Motion to Stay Discovery, filed by Plaintiff JURIJUS KADAMOVAS. (Pulliam, Daniel) (Entered: 03/11/2024)

March 11, 2024

March 11, 2024

PACER
94

NOTICE of Substitution of Appearance by Lisa Zeidner Marcus replacing Kenneth Yeatts Turnbull on behalf of FEDERAL BUREAU OF PRISONS, STEVEN KALLIS (Marcus, Lisa) (Entered: 03/14/2024)

March 14, 2024

March 14, 2024

PACER
95

RESPONSE to Motion re 88 MOTION for Leave to File Amicus Curiae Brief in Support of Plaintiff's Opposition to Rule 12(b)(6) Dismissal, filed by Defendants FEDERAL BUREAU OF PRISONS, STEVEN KALLIS. (Attachments: # 1 DEFENDANTS RESPONSE TO PROPOSED AMICUS CURIAE WHITEWATER VALLEY PRO BONO COMMISSIONS BRIEF)(Marcus, Lisa) (Entered: 03/15/2024)

March 15, 2024

March 15, 2024

PACER
96

REPLY in Support of Motion re 88 MOTION for Leave to File Amicus Curiae Brief in Support of Plaintiff's Opposition to Rule 12(b)(6) Dismissal, filed by Amicus WHITEWATER VALLEY PRO BONO COMMISSION. (Maley, John) (Entered: 03/18/2024)

March 18, 2024

March 18, 2024

PACER
97

MOTION to Certify Class, filed by Plaintiff JURIJUS KADAMOVAS. (Attachments: # 1 Exhibit 1 - Blackwelder Declaration, # 2 Exhibit 2 - Kadamovas Declaration)(Pulliam, Daniel) (Entered: 03/18/2024)

March 18, 2024

March 18, 2024

PACER
98

BRIEF/MEMORANDUM in Support re 97 MOTION to Certify Class, filed by Plaintiff JURIJUS KADAMOVAS. (Pulliam, Daniel) (Entered: 03/18/2024)

March 18, 2024

March 18, 2024

PACER
99

REPLY in Support of Motion re 86 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by FEDERAL BUREAU OF PRISONS, STEVEN KALLIS, filed by Defendants FEDERAL BUREAU OF PRISONS, STEVEN KALLIS. (Edelman, Christopher) (Entered: 03/18/2024)

March 18, 2024

March 18, 2024

PACER
100

NOTICE of Parties' First Extension of Time re Responding to any written request for discovery or admission, filed by Plaintiff JURIJUS KADAMOVAS. (Pulliam, Daniel) (Entered: 03/20/2024)

March 20, 2024

March 20, 2024

PACER
101

MOTION to Withdraw Attorney Appearance by Jean Marie Cunningham, filed by Defendants STEVEN KALLIS, THOMAS J. WATSON. (Attachments: # 1 Text of Proposed Order)(Cunningham, Jean) (Entered: 03/22/2024)

March 22, 2024

March 22, 2024

PACER

Case Details

State / Territory: Indiana

Case Type(s):

Prison Conditions

Criminal Justice (Other)

Special Collection(s):

Prison Legal News

Solitary confinement

Key Dates

Filing Date: Jan. 12, 2023

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The putative class includes “all current and future prisoners confined to death row, currently known as the Special Confinement Unit, at the United States Penitentiary, Terre Haute, Indiana.”

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Federal Bureau of Prisons (Terre Haute, Vigo), Federal

Defendant Type(s):

Law-enforcement

Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Conditions of confinement

Jails, Prisons, Detention Centers, and Other Institutions:

Confinement/isolation

Solitary confinement/Supermax (conditions or process)