Case: Doe 1 v. North Carolina Department of Public Safety

1:24-cv-00017 | U.S. District Court for the Middle District of North Carolina

Filed Date: Jan. 8, 2024

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about solitary confinement of juveniles. On January 8, 2024, three incarcerated juvenile individuals filed a class action suit in the United States District Court for the Middle District of North Carolina. The plaintiffs sued North Carolina's Department of Public Safety (“NCDPS”) under 42 U.S.C. § 1983. Represented by private counsel and the Council for Children’s Rights, they sought declaratory and injunctive relief and attorney’s fees. They challenged NCDPS's practice of solita…

This is a case about solitary confinement of juveniles. On January 8, 2024, three incarcerated juvenile individuals filed a class action suit in the United States District Court for the Middle District of North Carolina. The plaintiffs sued North Carolina's Department of Public Safety (“NCDPS”) under 42 U.S.C. § 1983. Represented by private counsel and the Council for Children’s Rights, they sought declaratory and injunctive relief and attorney’s fees. They challenged NCDPS's practice of solitary confinement for juveniles in state detention centers. The defendants in the suit were NCDPS and several of its officers, as well as the Facility Director of Cabarrus Juvenile Jail. NCDPS is responsible for the administration of statewide juvenile detention facilities. The complaint alleged that NCDPS had embraced a policy of solitary confinement for juveniles at detention centers across North Carolina. The plaintiffs alleged that juveniles were kept in their cells for up to 23 hours a day, with limited human interaction. The case was assigned to Judge Loretta Copeland Biggs. 

The plaintiffs sought to represent a class under Rules 23(a) and 23(b)(2) of the Federal Rules of Civil Procedure. The plaintiffs filed a motion to certify the class on September 26, 2024. The proposed class was “all juveniles who are currently, or in the future will be, detained in a North Carolina juvenile detention facility operated by the North Carolina Department of Public Safety (“NCDPS”).”

As of February 17, 2025, this case was ongoing.

Summary Authors

Alex Jarecki (2/6/2024)

Maddie Turk (2/17/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/68142392/parties/doe-1-v-north-carolina-department-of-public-safety/


Judge(s)

Biggs, Loretta Copeland (North Carolina)

Attorney for Plaintiff

CROLLEY, AXTON DYLAN (North Carolina)

DUPREY, MICHELLE (North Carolina)

EBBINI, YASMEEN (North Carolina)

LINDENBAUM, MATTHEW (North Carolina)

Attorney for Defendant

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Documents in the Clearinghouse

Document
1

1:24-cv-00017

Class Action Complaint

Jan. 8, 2024

Jan. 8, 2024

Complaint
64

1:24-cv-00017

Order

Feb. 6, 2025

Feb. 6, 2025

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/68142392/doe-1-v-north-carolina-department-of-public-safety/

Last updated March 5, 2025, 8:09 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT-CLASS ACTION against EDDIE M. BUFFALOE, JR., Peter Brown, William L. Lassiter, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY ( Filing fee $ 405 receipt number ANCMDC-3735642.), filed by John Doe 1, John Doe 3, John Doe 2. (Attachments: # 1 Exhibit Washington Post Opinion, # 2 Civil Cover Sheet)(LINDHOLM, ROBERT) Modified to add wording to match the complaint on 1/8/2024 (al). (Entered: 01/08/2024)

1 Exhibit Washington Post Opinion

View on RECAP

2 Civil Cover Sheet

View on RECAP

Jan. 8, 2024

Jan. 8, 2024

Clearinghouse
2

MOTION to Proceed under Fictitious Name by JOHN DOE 1, JOHN DOE 2, JOHN DOE 3. Response to Motion due by 1/29/2024 (Attachments: # 1 Text of Proposed Order)(LINDHOLM, ROBERT) (Entered: 01/08/2024)

1 Text of Proposed Order

View on PACER

Jan. 8, 2024

Jan. 8, 2024

PACER
3

MEMORANDUM filed by Plaintiffs JOHN DOE 1, JOHN DOE 2, JOHN DOE 3 re 2 MOTION to Proceed under Fictitious Name filed by JOHN DOE 1, JOHN DOE 2, JOHN DOE 3. (LINDHOLM, ROBERT) (Entered: 01/08/2024)

Jan. 8, 2024

Jan. 8, 2024

PACER

Case Assigned

Jan. 9, 2024

Jan. 9, 2024

PACER

Case ASSIGNED to JUDGE LORETTA C. BIGGS and MAG/JUDGE JOE L. WEBSTER. (al)

Jan. 9, 2024

Jan. 9, 2024

PACER
4

Summons Issued as to All Defendants. (al) (Entered: 01/10/2024)

Jan. 10, 2024

Jan. 10, 2024

RECAP
5

Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Attachments: # 1 Consent to jurisdiction) (al) (Entered: 01/10/2024)

Jan. 10, 2024

Jan. 10, 2024

PACER

Motions Referred

Jan. 17, 2024

Jan. 17, 2024

PACER

Motion Referred: RE: 2 MOTION to Proceed under Fictitious Name, to MAG/JUDGE JOE L. WEBSTER (db)

Jan. 17, 2024

Jan. 17, 2024

PACER
6

NOTICE of Attorney Appearance by attorney MATTHEW T. TULCHIN on behalf of Defendants PETER BROWN, EDDIE M. BUFFALOE, JR., WILLIAM L. LASSITER, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY (TULCHIN, MATTHEW) (Entered: 01/22/2024)

Jan. 22, 2024

Jan. 22, 2024

PACER
7

Corporate Disclosure Statement. (TULCHIN, MATTHEW) (Entered: 01/22/2024)

Jan. 22, 2024

Jan. 22, 2024

PACER
8

NOTICE of Attorney Appearance by attorney ORLANDO L. RODRIGUEZ on behalf of Defendants PETER BROWN, EDDIE M. BUFFALOE, JR., WILLIAM L. LASSITER, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY (RODRIGUEZ, ORLANDO) (Entered: 01/22/2024)

Jan. 22, 2024

Jan. 22, 2024

PACER
9

NOTICE by JOHN DOE 1, JOHN DOE 2, JOHN DOE 3 of Filing Proof of Service - Brown (LINDHOLM, ROBERT) (Entered: 01/30/2024)

Jan. 30, 2024

Jan. 30, 2024

PACER
10

NOTICE by JOHN DOE 1, JOHN DOE 2, JOHN DOE 3 of Filing Proof of Service - Buffaloe (LINDHOLM, ROBERT) (Entered: 01/30/2024)

Jan. 30, 2024

Jan. 30, 2024

PACER
11

NOTICE by JOHN DOE 1, JOHN DOE 2, JOHN DOE 3 of Filing Proof of Service - Lassiter (LINDHOLM, ROBERT) (Entered: 01/30/2024)

Jan. 30, 2024

Jan. 30, 2024

PACER
12

NOTICE by JOHN DOE 1, JOHN DOE 2, JOHN DOE 3 of Filing Proof of Service - NC Dept. of Public Safety (LINDHOLM, ROBERT) (Entered: 01/30/2024)

Jan. 30, 2024

Jan. 30, 2024

PACER

Set/Reset Deadlines/Hearings

Jan. 31, 2024

Jan. 31, 2024

PACER

Set Answer Deadline: PETER BROWN answer due 2/20/2024; EDDIE M. BUFFALOE, JR. answer due 2/20/2024; WILLIAM L. LASSITER answer due 2/20/2024; NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY answer due 2/20/2024. (at)

Jan. 31, 2024

Jan. 31, 2024

PACER
13

Consent MOTION for Extension of Time to File Answer re 1 Complaint, by PETER BROWN, EDDIE M. BUFFALOE, JR., WILLIAM L. LASSITER, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY. (Attachments: # 1 Text of Proposed Order)(TULCHIN, MATTHEW) (Entered: 02/16/2024)

Feb. 16, 2024

Feb. 16, 2024

PACER

Order on Motion for Extension of Time to Answer

Feb. 20, 2024

Feb. 20, 2024

PACER

ORDER granting 13 Motion for Extension of Time to Answer filed by PETER BROWN, EDDIE M. BUFFALOE, JR., WILLIAM L. LASSITER, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY. Answer due 3/21/2024. Signed by Gloria L. Powell on 2/20/2024 on behalf of John S. Brubaker, Clerk of Court. (glp) Modified on 2/20/2024 to correct Answer Due Date to 3/21/2024. (glp).

Feb. 20, 2024

Feb. 20, 2024

PACER
14

Consent MOTION for Extension of Time to File Answer re 1 Complaint, by PETER BROWN, EDDIE M. BUFFALOE, JR., WILLIAM L. LASSITER, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY. (Attachments: # 1 Text of Proposed Order)(RODRIGUEZ, ORLANDO) (Entered: 03/18/2024)

March 18, 2024

March 18, 2024

PACER

Motions Referred

March 19, 2024

March 19, 2024

PACER

Motion Referred: RE: 14 Consent MOTION for Extension of Time to File Answer re 1 Complaint,, to MAG/JUDGE JOE L. WEBSTER (db)

March 19, 2024

March 19, 2024

PACER

Order on Motion for Extension of Time to Answer

March 20, 2024

March 20, 2024

PACER

TEXT ORDER granting 14 Defendants' Second Consent Motion for Extension of Time for Filing a Responsive Pleading. For good cause shown, Defendants shall have up to and including April 4, 2024, to file a response to Plaintiffs' Complaint. Issued by MAG/JUDGE JOE L. WEBSTER on 3/20/2024.(pl)

March 20, 2024

March 20, 2024

PACER

Set/Reset Deadlines/Hearings

March 20, 2024

March 20, 2024

PACER

Set Answer Deadlines: PETER BROWN answer due 4/4/2024; EDDIE M. BUFFALOE, JR. answer due 4/4/2024; WILLIAM L. LASSITER answer due 4/4/2024; NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY answer due 4/4/2024. (at)

March 20, 2024

March 20, 2024

PACER

Order on Motion to Proceed under Fictitious Name

March 25, 2024

March 25, 2024

PACER

TEXT ORDER granting 2 Motion to Proceed under Fictitious Name; Plaintiffs, John Doe 1, John Doe 2, and John Doe 3 ("Plaintiffs"), are minors being held in pretrial detention. (See Docket Entry 2.) Plaintiffs, by and through their parents and natural guardians ("Movants"), move the court to allow both Plaintiffs and Movants to proceed under pseudonyms. (See id.) Defendants, Eddie M. Buffaloe, Jr., William L. Lassiter, and Peter Brown ("Defendants"), who are sued in their official capacities as representatives of the Government, did not respond to the motion. Generally, "[t]he title of the complaint must name all the parties...." Fed. R. Civ. P. 10(a). "[W]hen a party seeks to litigate under a pseudonym, a district court has an independent obligation to ensure that extraordinary circumstances support such a request by balancing the party's stated interest in anonymity against the public's interest in openness and any prejudice that anonymity would pose to the opposing party." Doe v. Pub. Citizen, 749 F.3d 246, 274 (4th Cir. 2014). When making this determination, the court considers: (1) "whether the justification asserted by the requesting party...is to preserve privacy in a matter of sensitive and highly personal nature; (2) whether identification poses a risk of retaliatory physical or mental harm...; (3) the ages of the persons whose privacy interests are sought to be protected; (4) whether the action is against a governmental or private party; and, (5) relatedly, the risk of unfairness to the opposing party from allowing an action against it to proceed anonymously." Doe v. Doe, 85 F.4th 206, 211 (4th Cir. 2023) (citation and internal quotations omitted). "Despite the presumption in favor of disclosure, the Rules describe circumstances in which filings may be redacted and where access to public filings may be limited. Minors, for example, must be referred to using only their initials." G.D. v. Kannapolis City Sch. Bd. of Educ., No. 1:22CV1001, 2023 WL 2538927, at *4 (M.D.N.C. Mar. 16, 2023); Fed. R. Civ. P. 5.2(a)(3); see also Yacovelli v. Moeser, No. 1:02CV596, 2004 WL 1144183, at *6 (M.D.N.C. May 20, 2004). Here, the factors weigh in favor of granting Plaintiffs' request. First, Plaintiffs challenge the use of solitary confinement among juveniles in detention centers, which makes it possible that Plaintiffs will need to submit sensitive documents that they wish to keep private, including medical records and court records. (See Docket Entry 1 at 2.) Second, since Plaintiffs are entirely within Defendants' custody, Plaintiffs could possibly be targeted with retaliatory action. Third, Plaintiffs are minors, which weighs heavily in favor of granting the motion. Doe v. Stegall, 653 F.2d 180, 186 (5th Cir. 1981) (noting "the youth of these plaintiffs as a significant factor in the matrix of considerations arguing for anonymity"). Finally, Plaintiffs bring suit against the Government, and thus there is little risk of unfairness to the opposing party. See Doe v. N. Carolina Cent. Univ., No. 1:98CV01095, 1999 WL 1939248, at *4 (M.D.N.C. Apr. 15, 1999) (stating that actions to proceed pseudonymously against the Government are more likely to be granted because "such suits involve no injury to the Government's reputation" (internal quotation omitted)). In fact, Defendants do not oppose Plaintiffs' motion. As such, the Court grants Plaintiffs' and Movants' request to proceed pseudonymously. See G.D., No. 1:22CV1001, 2023 WL 2538927, at *4 ("recognizing that a minor child and his parents' privacy interests are intractably intertwined" (quotation omitted)). Plaintiffs shall be identified as John Doe 1, John Doe 2, and John Doe 3. Further, minors Plaintiffs' parents and natural guardians shall be identified as Jane Doe 1, Jane Doe 2, and Jane Doe 3. Issued by MAG/JUDGE JOE L. WEBSTER on 03/25/2024.(aet)

March 25, 2024

March 25, 2024

PACER
15

Consent MOTION for Protective Order by PETER BROWN, EDDIE M. BUFFALOE, JR., WILLIAM L. LASSITER, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY. Response to Motion due by 4/15/2024 (Attachments: # 1 Text of Proposed Order Consent Protective Order)(RODRIGUEZ, ORLANDO) (Entered: 04/01/2024)

April 1, 2024

April 1, 2024

PACER

Motions Referred

April 2, 2024

April 2, 2024

PACER

Motion Referred: RE: 15 Consent MOTION for Protective Order, to MAG/JUDGE JOE L. WEBSTER (db)

April 2, 2024

April 2, 2024

PACER
16

CONSENT PROTECTIVE ORDER signed by MAG/JUDGE JOE L. WEBSTER on 04/02/2024, granting 15 Motion for Protective Order as set out herein.(at) (Entered: 04/02/2024)

April 2, 2024

April 2, 2024

PACER
17

ANSWER to 1 Complaint, with Jury Demand by PETER BROWN, EDDIE M. BUFFALOE, JR., WILLIAM L. LASSITER, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY. (RODRIGUEZ, ORLANDO) (Entered: 04/04/2024)

April 4, 2024

April 4, 2024

PACER
18

NOTICE of Initial Pretrial Conference Hearing: Initial Pretrial Conference Hearing set for 5/22/2024 09:30 AM in Durham Courtroom #1 before MAG/JUDGE JOE L. WEBSTER. (kg) (Entered: 04/05/2024)

April 5, 2024

April 5, 2024

RECAP
19

Consent MOTION for Extension of Time To File Motion for JOHN DOE 1, JOHN DOE 2, JOHN DOE 3 Motion for Class Certification until Within 90 days of the Parties filing of the Rule 26(f) Report by JOHN DOE 1, JOHN DOE 2, JOHN DOE 3. (Attachments: # 1 Text of Proposed Order)(LINDHOLM, ROBERT) (Entered: 04/05/2024)

April 5, 2024

April 5, 2024

PACER

Motions Referred

April 8, 2024

April 8, 2024

PACER

Motion Referred: RE: 19 Consent MOTION for Extension of Time To File Motion for JOHN DOE 1, JOHN DOE 2, JOHN DOE 3 Motion for Class Certification until Within 90 days of the Parties filing of the Rule 26(f) Report, to MAG/JUDGE JOE L. WEBSTER (db)

April 8, 2024

April 8, 2024

PACER

Order on Motion for Extension of Time To File Motion

April 9, 2024

April 9, 2024

PACER

TEXT ORDER granting 19 Plaintiffs' Consent Motion for Extension of Time to Move for Class Certification. For good cause shown, Plaintiffs' deadline for filing a motion for class determination shall be 90 days from the date upon which the parties file their Rule 26(f) report in this action. Issued by MAG/JUDGE JOE L. WEBSTER on 4/9/2024.(pl)

April 9, 2024

April 9, 2024

PACER
20

NOTICE of Special Appearance by attorney DONNA O. TILLIS on behalf of Plaintiffs JOHN DOE 1, JOHN DOE 2, JOHN DOE 3 ( Filing fee $ 25 receipt number ANCMDC-3814853.) (TILLIS, DONNA) (Entered: 04/18/2024)

April 18, 2024

April 18, 2024

RECAP
21

NOTICE of Special Appearance by attorney YASMEEN EBBINI on behalf of Plaintiffs JOHN DOE 1, JOHN DOE 2, JOHN DOE 3 ( Filing fee $ 25 receipt number ANCMDC-3818362.) (EBBINI, YASMEEN) (Entered: 04/24/2024)

April 24, 2024

April 24, 2024

PACER
22

***FILED IN ERROR***NOTICE of Special Appearance by attorney ROBERT L. LINDHOLM on behalf of Plaintiffs JOHN DOE 1, JOHN DOE 2, JOHN DOE 3 ( Filing fee $ 25 receipt number ANCMDC-3819027.) (LINDHOLM, ROBERT) Modified on 4/25/2024 to mark filed in error - proper attorney to file. (sh) (Entered: 04/25/2024)

April 25, 2024

April 25, 2024

PACER
23

NOTICE of Special Appearance by attorney MATTHEW LINDENBAUM on behalf of Plaintiffs JOHN DOE 1, JOHN DOE 2, JOHN DOE 3 ( Filing fee $ 25 receipt number ANCMDC-3819113.) (LINDENBAUM, MATTHEW) (Entered: 04/25/2024)

April 25, 2024

April 25, 2024

PACER
24

Rule 26(f) Report (Individual). Response to Motion due by 5/28/2024 by PETER BROWN, EDDIE M. BUFFALOE, JR., WILLIAM L. LASSITER, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY.(RODRIGUEZ, ORLANDO) (Entered: 05/06/2024)

May 6, 2024

May 6, 2024

RECAP
25

Rule 26(f) Report (Individual). Response to Motion due by 5/28/2024 by JOHN DOE 1, JOHN DOE 2, JOHN DOE 3.(LINDHOLM, ROBERT) (Entered: 05/06/2024)

May 6, 2024

May 6, 2024

PACER
26

AMENDED DOCUMENT by PETER BROWN, EDDIE M. BUFFALOE, JR., WILLIAM L. LASSITER, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY. Amendment to 24 Rule 26(f) Report (Individual). . (RODRIGUEZ, ORLANDO) Modified on 5/14/2024 to correct event used (kg). (Entered: 05/09/2024)

May 9, 2024

May 9, 2024

PACER
27

NOTICE of Special Appearance by attorney MICHELLE DUPREY on behalf of Plaintiffs JOHN DOE 1, JOHN DOE 2, JOHN DOE 3 ( Filing fee $ 25 receipt number ANCMDC-3832313.) (DUPREY, MICHELLE) (Entered: 05/14/2024)

May 14, 2024

May 14, 2024

RECAP

Motions Referred

May 14, 2024

May 14, 2024

PACER

Motions Referred: RE: 25 Rule 26(f) Report (Individual), 26 Rule 26(f) Report (Individual)., to MAG/JUDGE JOE L. WEBSTER (kg)

May 14, 2024

May 14, 2024

PACER

Initial Pretrial Conference

May 22, 2024

May 22, 2024

PACER

Minute Entry for proceedings held before MAG/JUDGE JOE L. WEBSTER in Durham: Initial Pretrial Conference held on 5/22/2024. The Court adopts the discovery schedule as set out in open court; Parties instructed to submit a Revised Joint Rule 26(f) Report and a Joint L.R. 5.5 Report within one (1) week. (Attorney(s) Robert Lindholm and Michelle Duprey appeared on behalf of Plaintiffs JOHN DOE 1, et al.; Attorney Matthew Tulchin appeared on behalf of Defendants NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, et al.; Proceedings Recorded) (dk)

May 22, 2024

May 22, 2024

PACER
28

AMENDED Rule 26(f) Report (Joint) filed by all parties by JOHN DOE 1, JOHN DOE 2, JOHN DOE 3.(LINDHOLM, ROBERT) (Entered: 05/29/2024)

May 29, 2024

May 29, 2024

RECAP
29

L.R. 5.5 Report-Joint filed by all parties by JOHN DOE 1, JOHN DOE 2, JOHN DOE 3.(LINDHOLM, ROBERT) (Entered: 05/29/2024)

May 29, 2024

May 29, 2024

PACER

Motions Referred

May 31, 2024

May 31, 2024

PACER

Motions Referred: RE: 29 L.R. 5.5 Report-Joint filed by all parties, 28 Rule 26(f) Report (Joint) filed by all parties, to MAG/JUDGE JOE L. WEBSTER (kg)

May 31, 2024

May 31, 2024

PACER
30

ORDER signed by MAG/JUDGE JOE L. WEBSTER on 05/31/2024. Upon review of the Joint Amended Rule 26(f) Report (Docket Entry 28 ) and the Local Rule 5.5 Report (Docket Entry 29 ), the Court ADOPTS both with the following modifications and clarification as set out herein. FURTHER ORDERED that the parties' Individual Rule 26(f) Reports (Docket Entries 25, 26 ) be TERMINATED. Discovery shall be placed on a case-management track designated in L. Civ. R. 26.1(a) as Complex. Plaintiffs' Amended Pleadings due by 8/2/2024. Defendants' Amended Pleadings due by 8/2/2024. Discovery due by 2/3/2025. Joinder of Parties for Plaintiffs due by 8/2/2024. Joinder of Parties for Defendants due by 8/2/2024. Parties agree that the mediator shall be Asa L. Bell. The Parties do not consent to the trial jurisdiction of a Magistrate Judge. Plaintiffs anticipate a trial will take approximately 3-4 weeks. Defendants anticipate trial will take approximately one week. A jury trial has not been demanded. (at) (Entered: 05/31/2024)

May 31, 2024

May 31, 2024

RECAP

Working Copies Notice

May 31, 2024

May 31, 2024

PACER

NOTICE to Counsel: Counsel shall comply with the assigned magistrate judge's working copies preference for filing non-dispositive motions and briefs including discovery matters as seen at https://www.ncmd.uscourts.gov/sites/ncmd/files/JudPref.pdf. (at)

May 31, 2024

May 31, 2024

PACER

Mediation Scheduling Order

June 3, 2024

June 3, 2024

PACER

Case Referred to Mediation

June 3, 2024

June 3, 2024

PACER

CASE REFERRED to Mediation pursuant to Local Rule 83.9b of the Rules of Practice and Procedure of this Court. (mb)

June 3, 2024

June 3, 2024

PACER

MEDIATION SCHEDULING ORDER; Mediation due by 11/13/2024. (mb)

June 3, 2024

June 3, 2024

PACER

Mediation Scheduling Order

June 3, 2024

June 3, 2024

PACER
31

ORDER Appointing ASA L. BELL, JR., as the Mediator pursuant to LR 83.9d(a). Signed by John S. Brubaker, Clerk of Court. (mb) (Entered: 06/03/2024)

June 3, 2024

June 3, 2024

PACER
32

Joint MOTION for Extension of Time to Submit Stipulated ESI Protocol by JOHN DOE 1, JOHN DOE 2, JOHN DOE 3. (LINDHOLM, ROBERT) (Entered: 06/12/2024)

June 12, 2024

June 12, 2024

PACER

Motions Referred

June 13, 2024

June 13, 2024

PACER

Motion Referred: RE: 32 Joint MOTION for Extension of Time to Submit Stipulated ESI Protocol, to MAG/JUDGE JOE L. WEBSTER (db)

June 13, 2024

June 13, 2024

PACER

Order on Motion for Extension of Time-Other

June 14, 2024

June 14, 2024

PACER

TEXT ORDER granting 32 Joint Motion to Extend Time to File Stipulated ESI Protocol. For good cause shown, the parties shall have up to and including June 20, 2024, to submit a Stipulated Protocol regarding Electronically Stored Information. Issued by MAG/JUDGE JOE L. WEBSTER on 6/14/2024.(pl)

June 14, 2024

June 14, 2024

PACER

Order on Motion for Extension of Time

June 14, 2024

June 14, 2024

PACER
33

Joint MOTION for Entry of ESI Protocol by JOHN DOE 1, JOHN DOE 2, JOHN DOE 3. Response to Motion due by 7/11/2024 (Attachments: # 1 Text of Proposed Order)(LINDHOLM, ROBERT) (Entered: 06/20/2024)

June 20, 2024

June 20, 2024

PACER

Motions Referred

June 21, 2024

June 21, 2024

PACER

Motion Referred: RE: 33 Joint MOTION for Entry of ESI Protocol, to MAG/JUDGE JOE L. WEBSTER (db)

June 21, 2024

June 21, 2024

PACER
34

JOINT STIPULATION TO THE PROTOCOL FOR THE PRODUCTION OF ELECTRONICALLY STORED INFORMATION signed by MAG/JUDGE JOE L. WEBSTER on 06/24/2024, that the Parties' Joint Motion (Docket Entry 33 ) is Granted and the Joint Stipulation to the Protocol for the Production of Electronically Stored Information as set forth herein is approved. (at) (Entered: 06/24/2024)

June 24, 2024

June 24, 2024

PACER
35

Emergency MOTION for interviewing juvenile witnesses Status Conference by JOHN DOE 1, JOHN DOE 2, JOHN DOE 3. (Attachments: # 1 Exhibit A - 06.11.24 Plaintiffs' Requests for Entry Upon Land for Inspection, # 2 Exhibit B - Resp to Plns' Requests for Entry Upon Land, # 3 Exhibit C - John Doe v DPS - Consent of Parent Guardian or Custodian to Interview Juvenile)(LINDHOLM, ROBERT) (Entered: 07/19/2024)

1 Exhibit A - 06.11.24 Plaintiffs' Requests for Entry Upon Land for Inspectio

View on PACER

2 Exhibit B - Resp to Plns' Requests for Entry Upon Land

View on PACER

3 Exhibit C - John Doe v DPS - Consent of Parent Guardian or Custodian to Intervie

View on PACER

July 19, 2024

July 19, 2024

RECAP

Motions Referred

July 22, 2024

July 22, 2024

PACER

Motion Referred: RE: 35 Emergency MOTION for interviewing juvenile witnesses Status Conference, to MAG/JUDGE JOE L. WEBSTER (db)

July 22, 2024

July 22, 2024

PACER

Order

July 22, 2024

July 22, 2024

PACER

TEXT ORDER: Re 35 Plaintiffs' Emergency Motion for Status Conference. Plaintiffs' motion filed at approximately 5:24 pm on Friday, July 19, 2024, has come to the attention of the Court this morning. The motion requests "that this Court schedule a status conference for 9:00 AM on July 22, 2024, or sooner." (Docket Entry 35 at 4.) While understanding the urgency of Plaintiffs' request in light of the inspections of Defendants' facilities scheduled for today, July 22, 2024, and tomorrow, July 23, 2024, the Court is unable to set this matter for a hearing prior to the start of inspections. The Cout will set this matter for a telephone hearing on Wednesday, July 24, 2024, at 11:30 am to address the issues presented. Absent further agreement by the parties or until resolution of this Motion, no juveniles who are being detained shall be interviewed during the inspections of Defendants' facilities. Accordingly, IT IS HEREBY ORDERED that this matter shall be scheduled for a telephone hearing on Wednesday, July 24, 2024, at 11:30 am. Defendants shall have until Tuesday, July 23, 2024, at 12:00 Noon to file a response to Plaintiffs' Motion. IT IS FURTHER ORDERED that absent further agreement by the parties or until resolution of this Motion, no juveniles who are being detained shall be interviewed during the inspections of Defendants' facilities. The parties should meet and confer again and work diligently to resolve the issues presented. Issued by MAG/JUDGE JOE L. WEBSTER on 7/22/2024. (pl)

July 22, 2024

July 22, 2024

PACER

Set/Reset Motion and R and R Deadlines/Hearings

July 22, 2024

July 22, 2024

PACER

Set/Response Deadline re 35 Emergency MOTION for interviewing juvenile witnesses Status Conference : Response to Motion due by 7/23/2024. (at)

July 22, 2024

July 22, 2024

PACER
36

RESPONSE filed by Defendants PETER BROWN, EDDIE M. BUFFALOE, JR., WILLIAM L. LASSITER, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY re 35 Emergency MOTION for interviewing juvenile witnesses Status Conference filed by JOHN DOE 2, JOHN DOE 1, JOHN DOE 3 filed by PETER BROWN, EDDIE M. BUFFALOE, JR., WILLIAM L. LASSITER, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY. Replies due by 8/6/2024 (Attachments: # 1 Exhibit A - Email Thread, # 2 Exhibit B - Plaintiffs' Proposed Consent Form)(RODRIGUEZ, ORLANDO) (Entered: 07/23/2024)

July 23, 2024

July 23, 2024

PACER

Status Conference

July 24, 2024

July 24, 2024

PACER

Minute Entry for proceedings held before MAG/JUDGE JOE L. WEBSTER in Durham: Telephone Status Conference held on 7/24/2024. This matter is hereby taken under advisement and the parties shall be notified of the Court's ruling at a later date. Parties instructed to provide the requested information as set out on the record to JWebster@ncmd.uscourts.gov no later than 7/26/2024. Parties further instructed to meet and confer and provide the Court with a Status Report no later than 7/31/2024. (Attended by Attorney(s) Rober Lindholm, Michelle DuPrey, and Soren Young on behalf of Plaintiffs JOHN DOE 1, et al.; Special Deputy Attorney General Orlando L. Rodriguez and Laura McHenry on behalf of Defendants NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, et al.; Proceedings Recorded) (dk)

July 24, 2024

July 24, 2024

PACER
37

JOINT STATUS REPORT filed by all parties.. (RODRIGUEZ, ORLANDO) (Entered: 07/31/2024)

July 31, 2024

July 31, 2024

PACER
38

Consent MOTION for Extension of Time to file Amended Complaint and to Move for Class Certification by JOHN DOE 1, JOHN DOE 2, JOHN DOE 3. (LINDHOLM, ROBERT) (Entered: 08/01/2024)

Aug. 1, 2024

Aug. 1, 2024

PACER

Motions Referred

Aug. 2, 2024

Aug. 2, 2024

PACER

Motion Referred: RE: 38 Consent MOTION for Extension of Time to file Amended Complaint and to Move for Class Certification, to MAG/JUDGE JOE L. WEBSTER (db)

Aug. 2, 2024

Aug. 2, 2024

PACER

Order on Motion for Extension of Time-Other AND Order on Motion for Status Conference

Aug. 5, 2024

Aug. 5, 2024

PACER

TEXT ORDER Denying without prejudice 35 Emergency Motion for Status Conference; Granting 38 Consent Motion for Extension of Time to File Amended Complaint and to Move for Class Certification. Pursuant to the hearing on July 24, 2024, the parties filed a Joint Status Report (Docket Entry 37) indicating that "they appear to be on a path toward amicably resolving their dispute regarding Plaintiffs' effort to interview non-client juveniles that are housed in North Carolina Juvenile Detention Centers." (Id. at 2.) In light of the parties' representations, the Court DENIES Plaintiffs' motion (Docket Entry 35) without prejudice to Plaintiff seeking further Court intervention on the issue of interviewing non-client juveniles housed in North Carolina Juvenile Detention Centers to the extent that any future disagreements arise. Notwithstanding such, the Court urges the parties to work cooperatively and come to resolution on this issue, and to meet and confer in an attempt to resolve any disagreements before raising such with the Court. As to Plaintiffs' Consent Motion for Extension of Time to File Amended Complaint and to Move for Class Certification (Docket Entry 38), for good cause shown, the motion is GRANTED and the deadline for Plaintiffs to request leave to amend the Complaint in this matter shall be September 3, 2024; and the deadline for Plaintiffs' class certification motion shall be September 26, 2024. Issued by MAG/JUDGE JOE L. WEBSTER on 8/5/2024.(pl)

Aug. 5, 2024

Aug. 5, 2024

PACER

Order on Motion for Status Conference

Aug. 5, 2024

Aug. 5, 2024

PACER

Set Deadline: Amended Complaint due by 9/3/2024. (at)

Aug. 5, 2024

Aug. 5, 2024

PACER

Set/Reset Deadlines/Hearings

Aug. 5, 2024

Aug. 5, 2024

PACER

Set/Reset Deadlines/Hearings

Aug. 6, 2024

Aug. 6, 2024

PACER
39

MOTION to Certify Class by JOHN DOE 1, JOHN DOE 2, JOHN DOE 3. Response to Motion due by 10/17/2024 (LINDHOLM, ROBERT) (Entered: 09/26/2024)

Sept. 26, 2024

Sept. 26, 2024

PACER
40

MEMORANDUM filed by Plaintiffs JOHN DOE 1, JOHN DOE 2 re 39 MOTION to Certify Class filed by JOHN DOE 1, JOHN DOE 2. (Attachments: # 1 Exhibit 1 - Kraus Affidavit with Exhibits, # 2 Exhibit 2 - Declaration of John Doe 1 [Redacted], # 3 Exhibit 3 - Declaration of John Doe 2 [Redacted], # 4 Exhibit 4 - Detention Services Policy (Excerpts), # 5 Exhibit 5 - Education Policies (Excerpts), # 6 Exhibit 6 - Room Confinement Logs Excerpts [Redacted], # 7 Exhibit 7 - Declaration of Lindholm, # 8 Exhibit 8 - Declaration of Lindenbaum, # 9 Exhibit 9 - Declaration of Duprey)(LINDHOLM, ROBERT) (Entered: 09/26/2024)

Sept. 26, 2024

Sept. 26, 2024

PACER
41

Joint MOTION for Extension of Time to File Response/Reply as to 39 MOTION to Certify Class by PETER BROWN, EDDIE M. BUFFALOE, JR., WILLIAM L. LASSITER, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY. (Attachments: # 1 Text of Proposed Order)(RODRIGUEZ, ORLANDO) (Entered: 10/10/2024)

Oct. 10, 2024

Oct. 10, 2024

PACER

Motions Referred

Oct. 10, 2024

Oct. 10, 2024

PACER

Case Details

State / Territory: North Carolina

Case Type(s):

Juvenile Institution

Jail Conditions

Key Dates

Filing Date: Jan. 8, 2024

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Three juveniles detained in North Carolina Department of Public Safety juvenile institutions

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

North Carolina Department of Public Safety, State

Division of Juvenile Justice and Delinquency Prevention, State

Cabarrus Juvenile Jail (Cabarrus), State

Defendant Type(s):

Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process: Substantive Due Process

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

Jails, Prisons, Detention Centers, and Other Institutions:

Confinement/isolation