Case: Dunn v. Cuyahoga County

1:23-cv-00364 | U.S. District Court for the Northern District of Ohio

Filed Date: Feb. 23, 2023

Case Ongoing

Clearinghouse coding complete

Case Summary

This case arose out of Cuyahoga County's pattern of over-detaining individuals after they were entitled to release. On February 23, 2023, a woman who was subjected to two days of unlawful detention in the Cuyahoga County Jail filed a lawsuit in the United States District Court for the Northern District of Ohio. The plaintiff sued Cuyahoga County and various individuals in the Cuyahoga County Sheriff's Office under 42 U.S.C. § 1983. The county oversees the Jail through the Cuyahoga County Sherif…

This case arose out of Cuyahoga County's pattern of over-detaining individuals after they were entitled to release. On February 23, 2023, a woman who was subjected to two days of unlawful detention in the Cuyahoga County Jail filed a lawsuit in the United States District Court for the Northern District of Ohio. The plaintiff sued Cuyahoga County and various individuals in the Cuyahoga County Sheriff's Office under 42 U.S.C. § 1983. The county oversees the Jail through the Cuyahoga County Sheriff's Office. Represented by private counsel and Justice Catalyst Law, the plaintiff sought damages and class certification. The case was assigned to District Judge Bridget Meehan Brennan.

The complaint alleged that the county had a policy and practice of detaining people in the Cuyahoga County Jail after the legal basis for their detention ended. The complaint included records from the City of Cleveland showing that in 2021 and 2022, the county over-detained 289 people who were held on charges brought by the Cleveland Division of Police. The 289 individuals were over-detained for a period of one to 56 days. Noting that the Cleveland Division of Police is only one of (at least) 20 law enforcement agencies that sent arrestees to the Jail, the complaint suggested that the actual number of people who were over-detained in the Jail was significantly higher. 

The complaint further alleged that beginning in 2020, the City of Cleveland sent monthly reports to the county naming people who had been over-detained on charges brought by the Cleveland Division of Police. Even after the county became aware of the over-detention statistics, there was no "appreciable decline" in the number of people who were over-detained.

The plaintiff raised a substantive due process claim and a procedural due process claim. First, the plaintiff alleged that the county's actions constituted deliberate indifference to the over-detained persons' constitutional rights. Second, the plaintiff alleged that the county failed to provide adequate procedural protections to ensure that people held in the Cuyahoga County Jail were not detained for an unreasonable period of time after the legal basis for their detention ended. The plaintiff also sought to bring a class action on behalf of "all people from February 23, 2021, through the present whom the Cuyahoga County Sheriff failed to release from the [Cuyahoga County] Jail within two hours after the basis for their detention ended."

The county filed its answer to the complaint on May 8, 2023. The court subsequently held a case management conference and set preliminary filing deadlines. On March 11, 2024, the parties filed a joint status report noting that (1) discovery was ongoing, (2) the defendant was interested in mediation, and (3) the parties proposed a fact discovery deadline in December 2024. As of March 2024, the deadline for dispositive motions and a class certification motion is in April 2025.

The case is ongoing.

Summary Authors

Andrew Del Vecchio (3/17/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/66846243/parties/dunn-v-cuyahoga-county/


Attorney for Plaintiff

Animashaun, Akeeb Dami (Ohio)

Bansal, Lucy B. (Ohio)

Brown, Emily R. (Ohio)

Herold, Janet (Ohio)

Lederer, Caryn C. (Ohio)

show all people

Documents in the Clearinghouse

Document
1

1:23-cv-00364

Class Action Complaint

Feb. 23, 2023

Feb. 23, 2023

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/66846243/dunn-v-cuyahoga-county/

Last updated March 17, 2024, 5:25 p.m.

ECF Number Description Date Link Date / Link
1

Class Action Complaint with jury demand against All Defendants. Filing fee paid $ 402, Receipt number AOHNDC-11857802. Filed by Alanna Dunn. (Attachments: # 1 Civil Cover Sheet, # 2 Summons). (Legando, Drew) (Entered: 02/23/2023)

Feb. 23, 2023

Feb. 23, 2023

RECAP

Judge Bridget Meehan Brennan assigned to case. (L,MI)

Feb. 24, 2023

Feb. 24, 2023

PACER

Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Jonathan D. Greenberg. (L,MI)

Feb. 24, 2023

Feb. 24, 2023

PACER
2

Original Summons and Magistrate Consent Form issued to counsel for service upon Cuyahoga County. (Attachments: # 1 Magistrate Consent Form). (L,MI) (Entered: 02/24/2023)

Feb. 24, 2023

Feb. 24, 2023

PACER
3

Initial Standing Order. Judge Bridget Meehan Brennan on 2/24/2023. (L,MI) (Entered: 02/24/2023)

Feb. 24, 2023

Feb. 24, 2023

PACER
4

Motion for attorney Akeeb Dami Animashaun to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11864034, filed by Plaintiff Alanna Dunn. (Attachments: # 1 Affidavit)(Legando, Drew) (Entered: 02/28/2023)

Feb. 28, 2023

Feb. 28, 2023

PACER
5

Motion for attorney Lucy B. Bansal to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11864043, filed by Plaintiff Alanna Dunn. (Attachments: # 1 Affidavit)(Legando, Drew) (Entered: 02/28/2023)

Feb. 28, 2023

Feb. 28, 2023

PACER
6

Motion for attorney Kate Schwartz to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11864048, filed by Plaintiff Alanna Dunn. (Attachments: # 1 Affidavit)(Legando, Drew) (Entered: 02/28/2023)

Feb. 28, 2023

Feb. 28, 2023

PACER
7

Motion for attorney Emily R. Brown to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11864055, filed by Plaintiff Alanna Dunn. (Attachments: # 1 Affidavit)(Legando, Drew) (Entered: 02/28/2023)

Feb. 28, 2023

Feb. 28, 2023

PACER
8

Motion for attorney Janet Herold to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11864063, filed by Plaintiff Alanna Dunn. (Attachments: # 1 Affidavit)(Legando, Drew) (Entered: 02/28/2023)

Feb. 28, 2023

Feb. 28, 2023

PACER
9

Motion for attorney Caryn C. Lederer to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11864082, filed by Plaintiff Alanna Dunn. (Attachments: # 1 Affidavit)(Legando, Drew) (Entered: 02/28/2023)

1 Affidavit

View on RECAP

Feb. 28, 2023

Feb. 28, 2023

RECAP
10

Supplement to Motion for attorney Akeeb Dami Animashaun to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11864034, - Animashaun Declaration (Original Signature), filed by Alanna Dunn. Related document(s) 4 . (Legando, Drew) (Entered: 03/06/2023)

March 6, 2023

March 6, 2023

PACER
11

Supplement to Motion for attorney Emily R. Brown to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11864055, - Brown Declaration (Original Signature), filed by Alanna Dunn. Related document(s) 7 . (Legando, Drew) (Entered: 03/06/2023)

March 6, 2023

March 6, 2023

PACER
12

Supplement to Motion for attorney Lucy B. Bansal to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11864043, - Bansal Declaration (Original Signature), filed by All Plaintiffs. Related document(s) 5 . (Legando, Drew) (Entered: 03/06/2023)

March 6, 2023

March 6, 2023

PACER
13

Supplement to Motion for attorney Janet Herold to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11864063, - Herold Declaration (Original Signature), filed by All Plaintiffs. Related document(s) 8 . (Legando, Drew) (Entered: 03/06/2023)

March 6, 2023

March 6, 2023

PACER
14

Supplement to Motion for attorney Caryn C. Lederer to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11864082, - Lederer Declaration (Original Signature), filed by Alanna Dunn. Related document(s) 9 . (Legando, Drew) (Entered: 03/06/2023)

March 6, 2023

March 6, 2023

RECAP
15

Supplement to Motion for attorney Kate Schwartz to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11864048, - Schwartz Declaration (Original Signature), filed by All Plaintiffs. Related document(s) 6 . (Legando, Drew) (Entered: 03/06/2023)

March 6, 2023

March 6, 2023

PACER

Order on Motion to appear pro hac vice

March 7, 2023

March 7, 2023

PACER

Order [non-document] granting Attorney Akeeb Dami Animashaun's motion for appearance pro hac vice. (Doc. No. 4 .) Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. Judge Bridget Meehan Brennan on 3/7/2023. (H,AR)

March 7, 2023

March 7, 2023

PACER

Order [non-document] granting Attorney Lucy B. Bansal's motion for appearance pro hac vice. (Doc. No. 5 .) Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. Judge Bridget Meehan Brennan on 3/7/2023. (H,AR)

March 7, 2023

March 7, 2023

PACER

Order [non-document] granting Attorney Kate Schwartz's motion for appearance pro hac vice. (Doc. No. 6 .) Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. Judge Bridget Meehan Brennan on 3/7/2023. (H,AR)

March 7, 2023

March 7, 2023

PACER

Order [non-document] granting Attorney Emily R. Brown's motion for appearance pro hac vice. (Doc. No. 7 .) Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. Judge Bridget Meehan Brennan on 3/7/2023. (H,AR)

March 7, 2023

March 7, 2023

PACER

Order [non-document] granting Attorney Janet Herold's motion for appearance pro hac vice. (Doc. No. 8 .) Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. Judge Bridget Meehan Brennan on 3/7/2023. (H,AR)

March 7, 2023

March 7, 2023

PACER

Order [non-document] granting Attorney Caryn C. Lederer's motion for appearance pro hac vice. (Doc. No. 9 .) Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. Judge Bridget Meehan Brennan on 3/7/2023. (H,AR)

March 7, 2023

March 7, 2023

PACER
16

Waiver of Service Returned Executed by Alanna Dunn. Cuyahoga County waiver sent on 3/8/2023, answer due 5/7/2023 filed on behalf of Alanna Dunn (Legando, Drew) (Entered: 03/08/2023)

March 8, 2023

March 8, 2023

PACER
17

Answer to 1 Complaint with Jury Demand filed by Cuyahoga County. (Healy, Brendan) (Entered: 05/08/2023)

May 8, 2023

May 8, 2023

PACER
18

Case Management Conference Scheduling Order signed by Judge Bridget Meehan Brennan on 5/9/2023. A telephonic Case Management Conference is set for 6/27/2023 at 9:00 a.m. The Court will host the conference call and inform counsel by way of email of the telephone number for the conference. The parties shall dial into the Court's bridge line at least five minutes prior to the scheduled hearing time. (Attachments: # 1 Report of Parties' Planning Meeting, # 2 Letter from Chief Judge Gaughan, # 3 Magistrate Consent Form, # 4 Standard for Discovery of Electronically Stored Information, # 5 Rule 30.1) (H,AR) (Entered: 05/09/2023)

May 9, 2023

May 9, 2023

PACER
19

Report of Parties' Planning Meeting - parties do not consent to this case being assigned to the magistrate judge, filed by All Plaintiffs. (Legando, Drew) (Entered: 06/13/2023)

June 13, 2023

June 13, 2023

PACER
20

Preliminary Estimate/Budget of Amount of Fees and Expenses filed by All Plaintiffs. (Legando, Drew) (Entered: 06/26/2023)

June 26, 2023

June 26, 2023

PACER

Minute Order _ Case Management Conference

June 27, 2023

June 27, 2023

PACER

Minute Order [non-document]: A telephonic Case Management Conference was held on 6/27/2023 before Judge Bridget Meehan Brennan. Attorneys Akeeb Animashaun, Caryn Lederer, and Drew Legando participated on behalf of Plaintiff. Attorney Brendan Healy participated on behalf of Defendant Cuyahoga County. Counsel for both parties represented that initial disclosures have been exchanged. Counsel discussed the scope of discovery, including records not in the County's custody or control. The Court ORDERED the County to send a preservation request to all entities that used the Cuyahoga County Jail to detain or incarcerate individuals on their behalf, with the request specifically requesting the preservation of all records related to any individuals that were placed (or ordered to be placed) in the custody of the Cuyahoga County Jail between March or May 2019 to present. The Court adopted the parties' e-discovery plan and established deadlines as stated in the Court's Case Management Order. Judge Bridget Meehan Brennan on 6/27/2023. (Court Reporter: none) Time: 45 minutes. (H,AR)

June 27, 2023

June 27, 2023

PACER
21

Case Management Conference Order: The parties are instructed to review the attached Order in its entirety. Case is assigned to the standard track, and deadlines have been established. Amend pleadings/joinder of parties: 10/5/2023; non-expert discovery: 2/2/2024; Plaintiff's statement identifying experts and general nature of testimony: 2/2/2024; expert reports for party bearing the burden of proof: 3/1/2024; responsive expert reports: 4/2/2024; expert discovery: 5/2/2024; dispositive motions: 6/5/2024; and class certification motion: 6/5/2024. A telephonic Status Conference is set for 10/27/2023, at 10:00 a.m. The Court will host the conference call and inform the parties by way of email of the telephone number for the conference. The parties shall dial into the Court's bridge line at least five minutes prior to the hearing. Judge Bridget Meehan Brennan on 6/27/2023. (H,AR) (Entered: 06/27/2023)

June 27, 2023

June 27, 2023

PACER
22

Status Report RE: RETENTION AGREEMENT filed by Alanna Dunn. (Animashaun, Akeeb) (Entered: 07/27/2023)

July 27, 2023

July 27, 2023

RECAP
23

Joint Proposed Stipulation for Electronic Discovery filed by Cuyahoga County. (Healy, Brendan) (Entered: 08/09/2023)

Aug. 9, 2023

Aug. 9, 2023

PACER
24

Notice of Withdrawal of Lucy B. Bansal as Counsel for Plaintiff filed by All Plaintiffs. (Legando, Drew) (Entered: 10/05/2023)

Oct. 5, 2023

Oct. 5, 2023

PACER

Order

Oct. 5, 2023

Oct. 5, 2023

PACER

Order [non-document] adopting the parties' Electronic Discovery Stipulation. (Doc. No. 23 .) Judge Bridget Meehan Brennan on 10/5/2023. (H,AR)

Oct. 5, 2023

Oct. 5, 2023

PACER
28

Extension (of deadlines)

March 14, 2024

March 14, 2024

PACER

Order on Motion to extend deadlines

March 15, 2024

March 15, 2024

PACER

Case Details

State / Territory: Ohio

Case Type(s):

Jail Conditions

Key Dates

Filing Date: Feb. 23, 2023

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A Cuyahoga County resident who was detained in the Cuyahoga County jail for two days after the legal basis for her detention ended.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Cuyahoga County (Cleveland, Cuyahoga), County

Defendant Type(s):

Law-enforcement

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process: Procedural Due Process

Due Process: Substantive Due Process

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.:

Over/Unlawful Detention

Jails, Prisons, Detention Centers, and Other Institutions:

Confinement/isolation

Placement in detention facilities