Case: Glendening v. Howard

5:22-cv-04032 | U.S. District Court for the District of Kansas

Filed Date: May 26, 2022

Case Ongoing

Clearinghouse coding complete

Case Summary

This case arose out of the long wait times for competency evaluation and competency restoration for pre-trial defendants in Kansas. On May 26, 2022, three attorneys and a parent filed this lawsuit as “next friends” for five pre-trial defendants who underwent competency hearings and were awaiting competency restoration at Larned State Hospital. The plaintiffs sued the Secretary of the Kansas Department of Disability and Aging Services (KDADS), the State Hospitals Commissioner, and the Superinten…

This case arose out of the long wait times for competency evaluation and competency restoration for pre-trial defendants in Kansas. On May 26, 2022, three attorneys and a parent filed this lawsuit as “next friends” for five pre-trial defendants who underwent competency hearings and were awaiting competency restoration at Larned State Hospital. The plaintiffs sued the Secretary of the Kansas Department of Disability and Aging Services (KDADS), the State Hospitals Commissioner, and the Superintendent of Larned State Hospital. The plaintiffs alleged claims under 42 U.S.C. § 1983, the Americans with Disabilities Act, and the Kansas Constitution. Represented by the ACLU of Kansas and the National Police Accountability Project of the National Lawyers Guild, the plaintiffs sought class certification, declaratory relief, injunctive relief, a remedial plan to reduce wait times, and attorney’s fees. The case was filed in the U.S. District Court for the District of Kansas, and it was assigned to District Judge Toby Crouse and Magistrate Judge Gwynne E. Birzer.

In their complaint, the plaintiffs noted that under state law, KDADS was required to provide competency evaluations and competency restoration treatment for pre-trial defendants when their competency to stand trial was called into question. In practice, KDADS relied primarily on Larned State Hospital to provide these services. However, the hospital unit that conducted the evaluations and treatment was operating at reduced capacity; the hospital could only fill about 65% of the beds in the unit because of staffing shortages. As a result, pre-trial defendants who were ordered to undergo a competency evaluation or restoration treatment were detained in jail for several months before a bed became available.

The plaintiffs filed as “next friends” of pre-trial defendants who were on the waitlist for competency restoration treatment. The individuals had severe mental illnesses, including schizophrenia, bipolar disorder, and other psychotic disorders. One of the individuals had been incarcerated for over 13 months while they awaited treatment, even though they faced a maximum sentence of only 13 months. While they were detained in jail, some of the individuals became combative, increasingly unstable, and uncooperative with their attorneys.

The complaint alleged that KDADS’s confinement of mentally incompetent patients for extended periods of time before they were admitted for treatment violated the individuals’ substantive and procedural due process rights under the federal and state constitutions. The complaint further alleged that the indefinite waiting period constituted cruel and unusual punishment under the Eighth Amendment. Moreover, KDADS’s failure to provide reasonable accommodations or community-based competency restoration treatment for the mentally ill pre-trial defendants violated the Americans with Disabilities Act.

On the same day the complaint was filed, the plaintiffs filed a separate motion for a preliminary injunction based on their § 1983 claims. In July 2022, the defendants filed their initial response. The parties filed several reply briefs in the following months. In March 2023, the defendants filed a motion to stay discovery; the plaintiffs opposed the defendants’ motion and filed a separate motion for a Rule 16 scheduling conference. In April 2023, Judge Birzer granted the plaintiff’s motion for a scheduling conference and declined to stay discovery. See 2023 WL 2784837. One month later, the case was reassigned from Judge Birzer to Magistrate Judge Angel D. Mitchell. The parties filed various discovery motions, and in November 2023, the plaintiffs filed a motion for class certification.

In December 2023, Judge Crouse denied the plaintiffs’ motion for a preliminary injunction. See 2023 WL 8715814. The court first noted that the Younger abstention doctrine did not apply, because the proposed injunction would only expedite the enforcement of existing state court processes, not prejudice the proceeding itself. But after addressing each of the plaintiffs’ three constitutional claims, the court denied the motion on two grounds. First, the court concluded that the plaintiffs “have not made a strong showing that they are likely to succeed on the merits of their claims.” Second, after acknowledging that the pre-trial defendants confinement was “substantial,” the court held that (1) they were not “likely to suffer irreparable harm,” (2) their alleged injury did not “clearly outweigh” any harm to the defendants.

In January 2024, the plaintiffs filed a notice of interlocutory appeal of the court’s order. The appeal was docketed in the Tenth Circuit. See No. 24-3005. As of April 2024, neither party has filed briefing on appeal. The case is ongoing.

Summary Authors

Andrew Del Vecchio (4/14/2024)

Documents in the Clearinghouse

Document
1

5:22-cv-04032

Complaint - Class Action

May 26, 2022

May 26, 2022

Complaint
39

5:22-cv-04032

Memorandum and Order

April 5, 2023

April 5, 2023

Order/Opinion

2023 WL 2023

79

5:22-cv-04032

Memorandum and Order

Dec. 18, 2023

Dec. 18, 2023

Order/Opinion

2023 WL 2023

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/63338848/glendening-v-howard/

Last updated April 16, 2024, 6:54 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT with trial location of Topeka ( Filing fee $402, Internet Payment Receipt Number AKSDC-5788344.), filed by Laura Valachovic, Jessica Glendening, Colin Shaw, Audra Asher.(Brett, Sharon) (Entered: 05/26/2022)

May 26, 2022

May 26, 2022

PACER
2

CIVIL COVER SHEET by Plaintiffs Audra Asher, Jessica Glendening, Colin Shaw, Laura Valachovic. (Brett, Sharon) (Entered: 05/26/2022)

May 26, 2022

May 26, 2022

PACER

NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge Toby Crouse and Magistrate Judge Gwynne E. Birzer for all proceedings. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jsh)

May 26, 2022

May 26, 2022

PACER
3

MOTION for attorney Keisha James to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5788539.) by Plaintiffs Audra Asher, Jessica Glendening, Colin Shaw, Laura Valachovic. (referred to Magistrate Judge Gwynne E. Birzer) (Attachments: # 1 Affidavit, # 2 ECF Registration Form)(Bonds, Lauren) (Entered: 05/26/2022)

May 26, 2022

May 26, 2022

PACER
4

MOTION for Preliminary Injunction by Plaintiffs Audra Asher, Jessica Glendening, Colin Shaw, Laura Valachovic (Brett, Sharon) (Entered: 05/26/2022)

May 26, 2022

May 26, 2022

PACER
5

MEMORANDUM IN SUPPORT of 4 MOTION for Preliminary Injunction by Plaintiffs Audra Asher, Jessica Glendening, Colin Shaw, Laura Valachovic (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Brett, Sharon) (Entered: 05/26/2022)

May 26, 2022

May 26, 2022

PACER
6

Amended MOTION for attorney Keisha James to appear pro hac vice by Plaintiffs Audra Asher, Jessica Glendening, Colin Shaw, Laura Valachovic (referred to Magistrate Judge Gwynne E. Birzer) (Attachments: # 1 James Affidavit, # 2 ECF Registration Form )(Bonds, Lauren) (Entered: 05/26/2022)

May 26, 2022

May 26, 2022

PACER

Notice of Judge Assignment

May 26, 2022

May 26, 2022

PACER
7

MOTION for attorney Eliana Machefsky to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5789455.) by Plaintiffs Audra Asher, Jessica Glendening, Colin Shaw, Laura Valachovic (referred to Magistrate Judge Gwynne E. Birzer) (Attachments: # 1 Affidavit Eliana Machefsky, # 2 ECF Registration Form Eliana Machefsky)(Bonds, Lauren) (Entered: 05/27/2022)

May 27, 2022

May 27, 2022

PACER
8

ENTRY OF APPEARANCE by Bria Leigh Nelson on behalf of All Plaintiffs. (Nelson, Bria) (Entered: 05/31/2022)

May 31, 2022

May 31, 2022

PACER
9

ORDER finding as moot 3 Motion to Appear Pro Hac Vice of Keisha L. James; granting 6 Amended Motion to Appear Pro Hac Vice of Keisha L. James for Audra Asher, Jessica Glendening, Colin Shaw, and Laura Valachovic pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Gwynne E. Birzer on 6/1/22. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ala) (Entered: 06/01/2022)

June 1, 2022

June 1, 2022

PACER

Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice

June 1, 2022

June 1, 2022

PACER
10

ORDER granting 7 Motion to Appear Pro Hac Vice of Eliana Machefsky for Audra Asher, Jessica Glendening, Colin Shaw and Laura Valachovic pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Gwynne E. Birzer on 6/2/22. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ala) (Entered: 06/02/2022)

June 2, 2022

June 2, 2022

PACER

Order on Motion to Appear Pro Hac Vice

June 2, 2022

June 2, 2022

PACER
11

WAIVER OF SERVICE Returned Executed by Laura Valachovic, Jessica Glendening, Colin Shaw, Audra Asher. Lesia Dipman waiver sent on 5/26/2022, answer due 7/25/2022. (Brett, Sharon) (Entered: 06/13/2022)

June 13, 2022

June 13, 2022

PACER
12

WAIVER OF SERVICE Returned Executed by Laura Valachovic, Jessica Glendening, Colin Shaw, Audra Asher. Laura Howard waiver sent on 5/26/2022, answer due 7/25/2022. (Brett, Sharon) (Entered: 06/13/2022)

June 13, 2022

June 13, 2022

PACER
13

WAIVER OF SERVICE Returned Executed by Laura Valachovic, Jessica Glendening, Colin Shaw, Audra Asher. Mike Dixon waiver sent on 5/26/2022, answer due 7/25/2022. (Brett, Sharon) (Entered: 06/13/2022)

June 13, 2022

June 13, 2022

PACER
14

NOTICE of Scheduling Conference: THIS IS AN OFFICIAL NOTICE FOR THIS HEARING. Scheduling Conference set for 8/10/2022 at 01:30 PM in Topeka Courtroom 401 (TC) before District Judge Toby Crouse. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ta) (Entered: 07/01/2022)

July 1, 2022

July 1, 2022

PACER

Notice of Hearing

July 1, 2022

July 1, 2022

PACER
15

RESPONSE by Defendants Lesia Dipman, Mike Dixon, Laura Howard re 4 Motion for Preliminary Injunction (Attachments: # 1 Exhibit 1 - Brunner Affidavit, # 2 Exhibit 2 - Proponent Testimony, # 3 Exhibit 3 - Fiscal Note, # 4 Exhibit 4 - String of worker attacks quietly hit Larned State Hospital, as officials search for staffing solutions)(Branson, Charles) (Entered: 07/25/2022)

July 25, 2022

July 25, 2022

PACER
16

CLERKS ORDER EXTENDING TIME until 8/08/2022 for Defendants Mike Dixon, Lesia Dipman, Laura Howard to answer or otherwise plead. Signed by deputy clerk on 7/25/2022. (jk) (Entered: 07/25/2022)

July 25, 2022

July 25, 2022

PACER
17

REPLY TO RESPONSE TO MOTION by Plaintiffs Audra Asher, Jessica Glendening, Colin Shaw, Laura Valachovic re: 4 Motion for Preliminary Injunction (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Brett, Sharon) (Entered: 08/08/2022)

Aug. 8, 2022

Aug. 8, 2022

PACER
18

ANSWER to Complaint (with Designation of Place of Trial) by Lesia Dipman, Mike Dixon, Laura Howard.(Branson, Charles) (Entered: 08/08/2022)

Aug. 8, 2022

Aug. 8, 2022

PACER
19

MINUTE ENTRY for proceedings held before District Judge Toby Crouse: SCHEDULING CONFERENCE held on 8/10/2022. Plaintiffs' Briefing Deadline set for 8/31/2022. Defendants' Response deadline 9/14/2022. Plaintiffs' Reply deadline 9/28/2022. (Court Reporter Sherry Harris.) (ta) (Entered: 08/10/2022)

Aug. 10, 2022

Aug. 10, 2022

PACER
20

NOTICE OF WITHDRAWAL OF APPEARANCE by attorney Joshua M Pierson as to All Plaintiffs (Pierson, Joshua) (Entered: 08/11/2022)

Aug. 11, 2022

Aug. 11, 2022

PACER
21

TRANSCRIPT OF SCHEDULING CONFERENCE (26 pgs) held 8-10-22 before Judge T. Crouse. Court Reporter: Sherry Harris, 785-338-5354, sherry_harris@ksd.uscourts.gov. Transcript purchased by: K. DeLoach. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ksd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Release of Transcript Restriction set for 11/9/2022. (sh) (Entered: 08/11/2022)

Aug. 11, 2022

Aug. 11, 2022

PACER
22

MEMORANDUM IN SUPPORT of 4 MOTION for Preliminary Injunction (Supplemental Brief) by Plaintiffs Audra Asher, Jessica Glendening, Colin Shaw, Laura Valachovic (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Brett, Sharon) (Entered: 08/31/2022)

Aug. 31, 2022

Aug. 31, 2022

PACER
23

Unopposed MOTION for Extension of Time to File Response as to 4 MOTION for Preliminary Injunction, 22 Memorandum in Support of Motion re Supplemental Briefing (and similar extension of plaintiff's reply deadline to said response) by Defendants Lesia Dipman, Mike Dixon, Laura Howard (Branson, Charles) Modified on 9/15/2022 to remove referral information (sz). (Entered: 09/14/2022)

Sept. 14, 2022

Sept. 14, 2022

PACER

MOTION REFERRAL to Magistrate Judge REMOVED as to: 23 Unopposed MOTION for Extension of Time to File Response as to 4 MOTION for Preliminary Injunction, 22 Memorandum in Support of Motion re Supplemental Briefing. The motion will be resolved by the District Judge.(kf)

Sept. 14, 2022

Sept. 14, 2022

PACER
24

ORDER granting 23 Defendant's Unopposed MOTION for Extension of Time to File their response to the supplemental briefing regarding a preliminary injunction. Response deadline 9/19/2022. Reply deadline 10/3/2022. Signed by District Judge Toby Crouse on 9/14/22. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ta) Modified on 9/14/2022 to fix the response deadline. (mam) (Entered: 09/14/2022)

Sept. 14, 2022

Sept. 14, 2022

PACER

NOTICE OF DOCKET TEXT MODIFICATION by Deputy Clerk re 24 : Defendant's response to 4 Motion for Preliminary Injunction is 9/19/2022. (mam)

Sept. 14, 2022

Sept. 14, 2022

PACER

Motions No Longer Referred

Sept. 14, 2022

Sept. 14, 2022

PACER

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

Sept. 14, 2022

Sept. 14, 2022

PACER

Notice of Docket Text Modification

Sept. 14, 2022

Sept. 14, 2022

PACER
25

RESPONSE by Defendants Lesia Dipman, Mike Dixon, Laura Howard re 4 Motion for Preliminary Injunction (Response to Supplemental Briefing) (Branson, Charles) (Entered: 09/19/2022)

Sept. 19, 2022

Sept. 19, 2022

PACER
26

REPLY TO RESPONSE TO MOTION by Plaintiffs Audra Asher, Jessica Glendening, Colin Shaw, Laura Valachovic re: 4 Motion for Preliminary Injunction (Supplemental Reply Brief) (Brett, Sharon) (Entered: 09/30/2022)

Sept. 30, 2022

Sept. 30, 2022

PACER
27

MOTION for Leave to file Surreply with Additional Evidence in Support of Plaintiffs' Motion for Preliminary Injunction by Plaintiffs Audra Asher, Jessica Glendening, Colin Shaw, Laura Valachovic. (Attachments: # 1 Exhibit A - Surreply)(Brett, Sharon) (Entered: 10/10/2022)

Oct. 10, 2022

Oct. 10, 2022

PACER
28

RESPONSE by Defendants Lesia Dipman, Mike Dixon, Laura Howard re 27 Motion for Leave, 4 Motion for Preliminary Injunction (Attachments: # 1 Attachment A)(Mauldin, Brian) (Entered: 10/19/2022)

Oct. 19, 2022

Oct. 19, 2022

PACER
29

REPLY TO RESPONSE TO MOTION by Plaintiffs Audra Asher, Jessica Glendening, Colin Shaw, Laura Valachovic re: 27 Motion for Leave, (Brett, Sharon) (Entered: 10/25/2022)

Oct. 25, 2022

Oct. 25, 2022

PACER
30

NOTICE OF WITHDRAWAL OF APPEARANCE by attorney Kayla DeLoach as to All Plaintiffs (DeLoach, Kayla) (Entered: 11/28/2022)

Nov. 28, 2022

Nov. 28, 2022

PACER

MOTION REFERRAL to Magistrate Judge REMOVED as to: 27 MOTION for Leave to file Surreply with Additional Evidence in Support of Plaintiffs' Motion for Preliminary Injunction. The motion will be resolved by the District Judge.(spa)

Dec. 19, 2022

Dec. 19, 2022

PACER

Motions No Longer Referred

Dec. 19, 2022

Dec. 19, 2022

PACER
31

NOTICE OF CHANGE OF ADDRESS by Lauren Bonds (Bonds, Lauren) (Entered: 02/17/2023)

Feb. 17, 2023

Feb. 17, 2023

PACER
32

NOTICE OF CHANGE OF FIRM NAME OR ADDRESS by Sharon Brett (Brett, Sharon) (Entered: 02/17/2023)

Feb. 17, 2023

Feb. 17, 2023

PACER
33

NOTICE OF SERVICE by Audra Asher, Jessica Glendening, Colin Shaw, Laura Valachovic of Rule 26(a) Initial Disclosures. (Brett, Sharon) (Entered: 03/07/2023)

March 7, 2023

March 7, 2023

PACER
34

MOTION to Set a Rule 16 Scheduling Conference by Plaintiffs Audra Asher, Jessica Glendening, Colin Shaw, Laura Valachovic (referred to Magistrate Judge Gwynne E. Birzer) (Brett, Sharon) (Entered: 03/08/2023)

March 8, 2023

March 8, 2023

PACER
35

RESPONSE by Defendants Lesia Dipman, Mike Dixon, Laura Howard re 34 Motion to Set a Rule 16 Scheduling Conference (Mauldin, Brian) (TWO PART FILING made in error - see doc. 37 concerning the Motion portion of this entry.) (mls). (Entered: 03/22/2023)

March 22, 2023

March 22, 2023

PACER
37

MOTION to Stay Discovery by Defendants Lesia Dipman, Mike Dixon, and Laura Howard (referred to Magistrate Judge Gwynne E. Birzer). (This is a duplicate of doc. 35 which was incorrectly filed as a Response in Opposition and a Motion. This is for administrative purpose only.) (mls) (Entered: 04/03/2023)

March 22, 2023

March 22, 2023

PACER
36

REPLY TO RESPONSE TO MOTION by Plaintiffs Audra Asher, Jessica Glendening, Colin Shaw, Laura Valachovic re: 34 Motion to Set a Rule 16 Scheduling Conference (Brett, Sharon) (TWO PART FILING made in error - see doc. 38 concerning the Opposition to Motion portion of this entry.) (mls). (Entered: 03/31/2023)

March 31, 2023

March 31, 2023

PACER
38

OPPOSITION by Plaintiffs Audra Asher, Jessica Glendening, Colin Shaw, and Laura Valachovic re 37 Motion to Stay Discovery. (This is a duplicate of doc. 36 which was incorrectly filed as a two-part document containing both a Reply to Response to Motion 34 and Opposition to Motion to Stay Discovery 37. This is for administrative purpose only.) (mls) (Entered: 04/03/2023)

March 31, 2023

March 31, 2023

PACER
39

MEMORANDUM AND ORDER granting 34 Plaintiffs' Motion for Rule 16 Scheduling Conference; denying 37 Defendants' Motion to Stay Discovery. The Court will issue a separate order regarding planning and scheduling. Signed by Magistrate Judge Gwynne E. Birzer on 4/5/2023. (ca) (Entered: 04/05/2023)

April 5, 2023

April 5, 2023

Clearinghouse
40

INITIAL ORDER REGARDING PLANNING AND SCHEDULING: Scheduling Conference set for 5/24/2023 at 10:00 AM by Telephone GEB - CONFERENCE LINE 1-888-363-4749 ACCESS CODE 9686294 before Magistrate Judge Gwynne E. Birzer. Rule 26 Planning Conference Deadline 5/3/2023. Rule 26 Initial Disclosures Deadline set for 5/17/2023. Proposed Scheduling Order Deadline 5/17/2023. Signed by Magistrate Judge Gwynne E. Birzer on 04/05/2023. (kmc) (Entered: 04/05/2023)

April 5, 2023

April 5, 2023

PACER
41

NOTICE OF SERVICE by Lesia Dipman, Mike Dixon, Laura Howard of Rule 26(a)(1)(A) Initial Disclosures (Cooper, David) (Entered: 05/16/2023)

May 16, 2023

May 16, 2023

PACER
42

NOTICE OF SERVICE by Audra Asher, Jessica Glendening, Colin Shaw, Laura Valachovic of Plaintiffs' First Request for Production of Documents and Electronically Stored Information (Brett, Sharon) (Entered: 05/21/2023)

May 21, 2023

May 21, 2023

PACER
43

NOTICE of converted scheduling conference: THIS IS AN OFFICIAL NOTICE FOR THIS HEARING. The Scheduling Conference previously set to take place via telephone is converted to a Zoom Conference on 5/24/2023 at 10:00 AM before Magistrate Judge Gwynne E. Birzer. A Zoom link will be provided to counsel. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (spa) (Entered: 05/23/2023)

May 23, 2023

May 23, 2023

PACER

Notice of Hearing

May 23, 2023

May 23, 2023

PACER
44

MINUTE ENTRY for proceedings held before Magistrate Judge Gwynne E. Birzer: SCHEDULING CONFERENCE held on 5/24/2023. (Tape #10:05-10:35.) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (spa) (Entered: 05/24/2023)

May 24, 2023

May 24, 2023

PACER

Scheduling Conference

May 24, 2023

May 24, 2023

PACER

Reassigning Case

May 24, 2023

May 24, 2023

PACER
45

PHASE I SCHEDULING ORDER: Discovery deadline 9/27/2024. See order for further deadlines and details. Signed by Magistrate Judge Gwynne E. Birzer on 5/24/23. (msb) (Entered: 05/24/2023)

May 24, 2023

May 24, 2023

PACER
46

ORDER REASSIGNING CASE: Case reassigned to Magistrate Judge Angel D. Mitchell for all further proceedings. Magistrate Judge Gwynne E. Birzer no longer assigned to case. Signed by Magistrate Judge Gwynne E. Birzer on 5/24/23. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(spa) (Entered: 05/24/2023)

May 24, 2023

May 24, 2023

PACER
47

NOTICE OF SERVICE by Lesia Dipman, Mike Dixon, Laura Howard of Defendants' Response to Plaintiffs' First Request for Production of Documents (Branson, Charles) (Entered: 06/20/2023)

June 20, 2023

June 20, 2023

PACER
48

Joint MOTION for Protective Order by Plaintiffs Audra Asher, Jessica Glendening, Colin Shaw, Laura Valachovic (referred to Magistrate Judge Angel D. Mitchell) (Brett, Sharon) (Entered: 06/29/2023)

June 29, 2023

June 29, 2023

PACER
49

Joint Motion for Entry of Order Re: Discovery of Electronically Stored Information for Standard Litigation. The parties jointly moved for the entry of the order by emailing a copy of their proposed order to the Magistrate Judge's chambers on July 2, 2023. (referred to Magistrate Judge Angel D. Mitchell) (ht) (Entered: 07/10/2023)

July 10, 2023

July 10, 2023

PACER

Order

July 10, 2023

July 10, 2023

PACER
50

ORDER denying without prejudice 48 Joint MOTION for Protective Order. Signed by Magistrate Judge Angel D. Mitchell on 7/11/2023. (Attachments: # 1 Exhibit A) (kas) (Entered: 07/11/2023)

July 11, 2023

July 11, 2023

PACER
51

ORDER granting 49 Joint Motion for Entry of Order Re: Discovery of Electronically Stored Information for Standard Litigation. With minor, non-substantive revisions, the court enters the proposed ESI protocol submitted by the parties. Signed by Magistrate Judge Angel D. Mitchell on 7/11/2023. (bal) (Entered: 07/11/2023)

July 11, 2023

July 11, 2023

PACER
52

NOTICE OF WITHDRAWAL OF APPEARANCE by attorney Brian C. Mauldin as to Lesia Dipman, Mike Dixon, Laura Howard (Mauldin, Brian) (Entered: 07/13/2023)

July 13, 2023

July 13, 2023

PACER
53

NOTICE OF SUPPLEMENTAL AUTHORITY by Audra Asher, Jessica Glendening, Colin Shaw, Laura Valachovic re: MOTION for Preliminary Injunction 4 filed by Plaintiff Laura Valachovic, Plaintiff Colin Shaw, Plaintiff Audra Asher, Plaintiff Jessica Glendening (Attachments: # 1 Exhibit A)(Brett, Sharon) (Entered: 07/19/2023)

July 19, 2023

July 19, 2023

PACER
54

Joint MOTION for Protective Order - Revised Protective Order by Plaintiffs Audra Asher, Jessica Glendening, Colin Shaw, Laura Valachovic (referred to Magistrate Judge Angel D. Mitchell) (Brett, Sharon) (Entered: 07/19/2023)

July 19, 2023

July 19, 2023

PACER
55

ORDER granting 54 Joint Motion for Protective Order. With minor, non-substantive revisions, the court enters the proposed order submitted by the parties. Signed by Magistrate Judge Angel D. Mitchell on 7/19/2023. (bal) (Entered: 07/19/2023)

July 19, 2023

July 19, 2023

PACER
56

RESPONSE to 53 Notice of Supplemental Authority, re Motion and Memorandum in Support of Motion for Preliminary Injunction [Docs. 4 and 5] by Defendants Lesia Dipman, Mike Dixon, Laura Howard. (Branson, Charles) (Entered: 07/26/2023)

July 26, 2023

July 26, 2023

PACER
57

NOTICE OF SERVICE by Lesia Dipman, Mike Dixon, Laura Howard of Defendants' First Supplemental Responses to Plaintiffs' First Request for Production of Documents (Branson, Charles) (Entered: 08/02/2023)

Aug. 2, 2023

Aug. 2, 2023

PACER
58

WITHDRAWAL OF COUNSEL by Bria Nelson and ENTRY OF APPEARANCE OF SUBSTITUTED COUNSEL by Karen Ellen Leve on behalf of All Plaintiffs (Leve, Karen) (Entered: 08/10/2023)

Aug. 10, 2023

Aug. 10, 2023

PACER
59

NOTICE OF SERVICE by Lesia Dipman, Mike Dixon, Laura Howard of Defendants' Second Supplemental Response to Plaintiffs' First Request for Production of Documents (Branson, Charles) (Entered: 09/01/2023)

Sept. 1, 2023

Sept. 1, 2023

PACER
60

NOTICE OF SERVICE by Lesia Dipman, Mike Dixon, Laura Howard of Defendants' Third Supplemental Response to Plaintiffs' First Request for Production (Branson, Charles) (Entered: 09/27/2023)

Sept. 27, 2023

Sept. 27, 2023

PACER
61

NOTICE OF SERVICE by Audra Asher, Jessica Glendening, Colin Shaw, Laura Valachovic of Plaintiffs' First Interrogatories and First Requests for Admission (Leve, Karen) (Entered: 10/26/2023)

Oct. 26, 2023

Oct. 26, 2023

PACER
62

NOTICE OF SERVICE by Lesia Dipman, Mike Dixon, Laura Howard of Defendants' Fourth Supplemental Response to Plaintiffs' First RFP. (Branson, Charles) (Entered: 11/03/2023)

Nov. 3, 2023

Nov. 3, 2023

PACER
63

ENTRY OF APPEARANCE by Kunyu L. Ching on behalf of All Plaintiffs. (Ching, Kunyu) (Entered: 11/15/2023)

Nov. 15, 2023

Nov. 15, 2023

PACER
64

NOTICE OF SERVICE by Lesia Dipman, Mike Dixon, Laura Howard of Defendants' Fifth Supplemental Response to Plaintiffs' First Request for Production. (Branson, Charles) (Entered: 11/17/2023)

Nov. 17, 2023

Nov. 17, 2023

PACER
65

MOTION for Class Certification by Plaintiffs Audra Asher, Jessica Glendening, Colin Shaw, Laura Valachovic. (Brett, Sharon) (Entered: 11/17/2023)

Nov. 17, 2023

Nov. 17, 2023

PACER
66

MEMORANDUM IN SUPPORT of 65 Motion for Class Certification by Plaintiffs Audra Asher, Jessica Glendening, Colin Shaw, Laura Valachovic. (Attachments: # 1 Exhibit 1 - October 20, 2023 Wait List (Redacted), # 2 Exhibit 2 - Declaration of Colin Shaw, # 3 Exhibit 3 - Declaration of Laura Valachovic, # 4 Exhibit 4 - Declaration of Jessica Glendening, # 5 Exhibit 5 - Declaration of Audra Asher, # 6 Exhibit 6 - July 29, 2022 Wait List (Redacted), # 7 Exhibit 7 - Report of Dr. Joel Dvoskin, # 8 Exhibit 8 - Compiled Wait Lists for November 17, 2022, May 26, 2023, and August 29, 2023 (Redacted), # 9 Exhibit 9 - Declaration of Sharon Brett, # 10 Exhibit 10 - Declaration of Lauren Bonds, # 11 Exhibit 11 - Declaration of George Verschelden, # 12 Appendix of Exhibits) (Brett, Sharon) (Entered: 11/17/2023)

Nov. 17, 2023

Nov. 17, 2023

PACER
67

SEALED EXHIBITS 1, 6 and 8 IN SUPPORT of 65 Motion for Class Certification by Plaintiffs Audra Asher, Jessica Glendening, Colin Shaw, Laura Valachovic (Main Document is Exhibit 1 - October 20, 2023 Wait List). (Attachments: # 1 Exhibit 6 - July 29, 2022 Wait List, # 2 Exhibit 8 - Compiled Wait Lists for November 17, 2022, May 26, 2023, and August 29, 2023) (Brett, Sharon) Modified to remove "Provisionally" from title on 12/8/2023 (msb). (Entered: 11/17/2023)

Nov. 17, 2023

Nov. 17, 2023

PACER
68

NOTICE OF PROPOSED SEALED RECORD by All Plaintiffs re 67 Provisionally Sealed Exhibits in Support of 65 Motion for Class Certification. (Brett, Sharon) (Entered: 11/17/2023)

Nov. 17, 2023

Nov. 17, 2023

PACER
69

MOTION to Seal or Redact 67 Provisionally Sealed Exhibits 1, 6 and 8 in Support of 65 Motion for Class Certification by Plaintiff Audra Asher. (Verschelden, George) (Entered: 11/22/2023)

Nov. 22, 2023

Nov. 22, 2023

PACER

Motions No Longer Referred

Nov. 27, 2023

Nov. 27, 2023

PACER

MOTION REFERRAL to Magistrate Judge REMOVED as to 69 Motion to Seal or Redact 67 Provisionally Sealed Exhibits 1, 6 and 8 in Support of 65 Motion for Class Certification. The motion will be resolved by the District Judge. (ht)

Nov. 27, 2023

Nov. 27, 2023

PACER
70

NOTICE OF SERVICE by Lesia Dipman, Mike Dixon, Laura Howard of Answers to Plaintiffs' First Interrogatories and Responses to Plaintiffs' First Requests for Admission to Defendants. (Branson, Charles) (Entered: 11/27/2023)

Nov. 27, 2023

Nov. 27, 2023

PACER
71

NOTICE OF SERVICE by Laura Howard of Defendants' Sixth Supplemental Response to Plaintiffs' First Request for Production (Branson, Charles) (Entered: 12/01/2023)

Dec. 1, 2023

Dec. 1, 2023

PACER
72

NOTICE OF SERVICE by Lesia Dipman, Mike Dixon, Laura Howard of Defendants' 7th Supplement Response to 1st RFP (Branson, Charles) (Entered: 12/08/2023)

Dec. 8, 2023

Dec. 8, 2023

PACER
73

ORDER granting 69 MOTION to Redact 67 PROVISIONALLY SEALED Exhibits in Support of Motion. The motion requested that a redacted version of the provisionally sealed exhibits be filed in the public record. Counsel who provisionally filed the document under seal is directed to file the redacted document in the public record forthwith using the Redacted Document event. The provisionally sealed document will remain sealed and the clerk is directed to remove the provisional designation from the entry. Signed by District Judge Toby Crouse on 12/8/23. (msb) (Entered: 12/08/2023)

Dec. 8, 2023

Dec. 8, 2023

PACER
74

REDACTION to 66 Memorandum in Support of Motion,,, 67 PROVISIONALLY SEALED Exhibits in Support of Motion, Redacted Exhibit 1 to Doc. 66 by Audra Asher, Jessica Glendening, Colin Shaw, Laura Valachovic. (Brett, Sharon) (Entered: 12/08/2023)

Dec. 8, 2023

Dec. 8, 2023

PACER
75

REDACTION to 66 Memorandum in Support of Motion,,, 67 PROVISIONALLY SEALED Exhibits in Support of Motion, Redacted Exhibit 6 to Doc. 66 by Audra Asher, Jessica Glendening, Colin Shaw, Laura Valachovic. (Brett, Sharon) (Entered: 12/08/2023)

Dec. 8, 2023

Dec. 8, 2023

PACER
76

REDACTION to 66 Memorandum in Support of Motion,,, 67 PROVISIONALLY SEALED Exhibits in Support of Motion, by Audra Asher, Jessica Glendening, Colin Shaw, Laura Valachovic. (Brett, Sharon) (Entered: 12/08/2023)

Dec. 8, 2023

Dec. 8, 2023

PACER
77

RESPONSE by Defendants Lesia Dipman, Mike Dixon, Laura Howard re 65 Motion to Certify Class (Attachments: # 1 Exhibit 1, Resp to Plfs' 1st RFA, # 2 Exhibit 2, Email Exchange re Barton County)(Moe, Crystal) (Entered: 12/08/2023)

Dec. 8, 2023

Dec. 8, 2023

PACER
78

NOTICE OF SERVICE by Lesia Dipman, Mike Dixon, Laura Howard of Defendants' Eighth Supplemental Response to Plaintiffs' 1st RFP (Branson, Charles) (Entered: 12/15/2023)

Dec. 15, 2023

Dec. 15, 2023

PACER
79

MEMORANDUM AND ORDER denying 4 Plaintiffs' Motion for a Preliminary Injunction. Signed by District Judge Toby Crouse on 12/18/2023. (mam) (Entered: 12/18/2023)

Dec. 18, 2023

Dec. 18, 2023

Clearinghouse

Order on Motion for Leave to File

Dec. 18, 2023

Dec. 18, 2023

PACER
80

ORDER granting 27 Motion for Leave to File Sur-reply. See Doc. 79, p. 25, fn. 11. Signed by District Judge Toby Crouse on 12/18/23. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ta) (Entered: 12/18/2023)

Dec. 18, 2023

Dec. 18, 2023

PACER
81

NOTICE OF SERVICE by Lesia Dipman, Mike Dixon, Laura Howard of Defendants' 9th Supplemental Response to Plaintiffs' First Request for Production (Branson, Charles) (Entered: 12/21/2023)

Dec. 21, 2023

Dec. 21, 2023

PACER

Case Details

State / Territory: Kansas

Case Type(s):

Criminal Justice (Other)

Mental Health (Facility)

Disability Rights

Jail Conditions

Key Dates

Filing Date: May 26, 2022

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Three attorneys and a parent who appear as "next friends" on behalf of five pre-trial defendants who are incarcerated and awaiting competency restoration at a state hospital before their criminal case can proceed.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Kansas Department of Disability and Aging Services (Topeka, Shawnee), State

Larned State Hospital (Larned, Pawnee), State

Defendant Type(s):

Hospital/Health Department

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

State law

Constitutional Clause(s):

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Conditions of confinement

Over/Unlawful Detention

Wait lists

Disability and Disability Rights:

Mental Illness, Unspecified

Schizophrenia

Affected Race(s):

Black

White

Jails, Prisons, Detention Centers, and Other Institutions:

Confinement/isolation

Placement in mental health facilities