Case: Mathis v. United States Parole Commission

1:24-cv-01312 | U.S. District Court for the District of District of Columbia

Filed Date: May 6, 2024

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about the right to accommodation of individuals on supervision with disabilities.  On May 6, 2024, two individuals with disabilities on parole in Washington DC brought this putative class action lawsuit in the U.S. District Court for the District of the District of Columbia against the U.S. Parole Commission and DC's Court Services and Offender Supervision Agency. They challenged the alleged failure of the federal government’s post-conviction supervision system to accommodate ind…

This is a case about the right to accommodation of individuals on supervision with disabilities. 

On May 6, 2024, two individuals with disabilities on parole in Washington DC brought this putative class action lawsuit in the U.S. District Court for the District of the District of Columbia against the U.S. Parole Commission and DC's Court Services and Offender Supervision Agency. They challenged the alleged failure of the federal government’s post-conviction supervision system to accommodate individuals with disabilities and sought to represent a class of people who were or would be on parole or supervised release in Washington DC.

Plaintiffs' complaint alleged violations of Section 504 of the Rehabilitation Act, 29 U.S.C. § 794, which required reasonable accommodations to ensure meaningful access to programs and services. They argued that the defendants' failure to provide reasonable accommodations for their disabilities deprived them of an equal opportunity to succeed on supervision and constituted disability discrimination. Both named plaintiffs alleged that they had been incarcerated for violations of supervision that resulted from their disabilities--including, for one plaintiff, after missing supervision appointments while undergoing treatment for a heart condition. These periods of re-incarceration resulted in the plaintiffs missing necessary medical care. They further alleged that their disabilities made it hard to comply with conditions of supervision that failed to account for or accommodate those disabilities, including, for example, the difficulty in navigating the city with a mobility disability to attend frequent supervision appointments.

Plaintiffs sought: class certification, declarative and injunctive relief including implementation of systems to determine, request, and provide required reasonable accommodations, costs, and fees. They were represented by the Public Defender Service for the District of Columbia, the ACLU, the ACLU of DC, and private counsel.  Along with the complaint, Plaintiff filed a motion for preliminary injunction requiring Defendants to assess and provide reasonable accommodations for individuals on supervision who were known to have disabilities.

On June 23, 2024, Defendants filed a motion to dismiss. Defendants argued that Plaintiffs did not have standing, as Section 504 of the Rehabilitation Act was not judicially enforceable against executive agencies.

On September 5, 2024, the court ruled on the Defendants’ motion to dismiss and Plaintiffs’ motion for preliminary injunction. The court dismissed the Defendants’ motion to dismiss because the Plaintiffs demonstrated a likelihood of succeeding on the merits. In addition, the court granted Plaintiffs’ motion for preliminary injunction because Plaintiffs showed a likelihood of success on the merits of their Rehabilitation Act claim, that they will face irreparable harm absent immediate relief, and that the balance of equities and the public interest support their request. In the  injunction, Defendants were ordered to assess what reasonable accommodations plaintiffs required to have an equal opportunity to succeed while on supervision and provide these accommodations.

On September 5, 2024, the court denied without prejudice Plaintiffs’ motion for class certification. The court found that the motion violated Local Civil Rule 7(m), which required Plaintiffs to consult with the government before filing the nondispositive motion. 

On September 11, 2024, Plaintiffs’ counsel filed a notice of death and voluntary dismissal due to the passing of one of the Plaintiffs. 

Plaintiffs filed a new motion to certify class on October 3, 2024, seeking to certify the same class as originally filed. On February 11, 2025, Judge McFadden certified the plaintiffs' proposed 23(b)(2) class of "all people with a disability who are on or will be on parole or supervised release in the District of Columbia under the Commission’s and CSOSA’s supervision, and who need accommodations to have an equal opportunity to succeed on parole or supervised release."

As of February 15, 2025, the case is ongoing.

Summary Authors

Tessa Bialek (5/7/2024)

Madilynn O'Hara (1/30/2025)

Marisa London (2/15/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/68502577/parties/mathis-v-united-states-parole-commission/


Attorney for Plaintiff

Barrett, Lia Rose (District of Columbia)

Davis, Peter E. (District of Columbia)

Frankel, Allison (District of Columbia)

Friedland, Zoe E. (District of Columbia)

Hughes, Jordan L. (District of Columbia)

Attorney for Defendant

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Documents in the Clearinghouse

Document
3

1:24-cv-01312

Plaintiffs' Motion For A Preliminary Injunction

May 6, 2024

May 6, 2024

Pleading / Motion / Brief
1

1:24-cv-01312

Class Action Complaint for Declaratory and Injunctive Relief

May 6, 2024

May 6, 2024

Complaint
3-1

1:24-cv-01312

Memorandum of Points and Authorities in Support of Plaintiffs' Motion for a Preliminary Injunction

Davis v. United States Parole Commission

May 6, 2024

May 6, 2024

Pleading / Motion / Brief
16

1:24-cv-01312

Defendants' Opposition to Plaintiffs' Motion for Preliminary Injunction

May 21, 2024

May 21, 2024

Pleading / Motion / Brief
17

1:24-cv-01312

Plaintiffs' Reply in Support of Motion For Preliminary Injunction

May 28, 2024

May 28, 2024

Pleading / Motion / Brief
25

1:24-cv-01312

Defendants' Motion to Dismiss

June 25, 2024

June 25, 2024

Pleading / Motion / Brief
25-1

1:24-cv-01312

Memorandum In Support of Defendants' Motion to Dismiss

June 25, 2024

June 25, 2024

Pleading / Motion / Brief
27

1:24-cv-01312

Plaintiffs' Opposition To Defendants' Motion to Dismiss

July 12, 2024

July 12, 2024

Pleading / Motion / Brief
28

1:24-cv-01312

Reply In Further Support Of Defendants' Motion to Dimiss

July 19, 2024

July 19, 2024

Pleading / Motion / Brief
31

1:24-cv-01312

Memorandum Opinion

Sept. 5, 2024

Sept. 5, 2024

Order/Opinion

2024 WL 4056568

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/68502577/mathis-v-united-states-parole-commission/

Last updated Aug. 5, 2025, 5:58 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 405 receipt number ADCDC-10874683) filed by K. DAVIS, W. MATHIS. (Attachments: # 1 Civil Cover Sheet, # 2 Summons for United States Parole Commission, # 3 Summons for Patricia K. Cushwa, # 4 Summons for Court Services and Offender Supervision Agency, # 5 Summons for Richard S. Tischner, # 6 Summons for Attorney General of the United States, # 7 Summons for USAO for D.C.)(Perry, Hanna) (Entered: 05/06/2024)

1 Civil Cover Sheet

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2 Summons for United States Parole Commission

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3 Summons for Patricia K. Cushwa

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4 Summons for Court Services and Offender Supervision Agency

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5 Summons for Richard S. Tischner

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6 Summons for Attorney General of the United States

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7 Summons for USAO for D.C.

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May 6, 2024

May 6, 2024

Clearinghouse
2

MOTION to Certify Class and Appoint Counsel by K. DAVIS, W. MATHIS. (Attachments: # 1 Memorandum in Support, # 2 Declaration of W. Mathis, # 3 Declaration of K. Davis, # 4 Declaration of T. Seltzer, # 5 Declaration of R. Edmondson, # 6 Declaration of S. Michelman, # 7 Declaration of S. Deger-Sen, # 8 Declaration of A. Verriest, # 9 Declaration of H. Perry, # 10 Declaration of P. Davis, # 11 Exhibit 1, # 12 Exhibit 2, # 13 Exhibit 3, # 14 Exhibit 4, # 15 Exhibit 5, # 16 Exhibit 6, # 17 Exhibit 7, # 18 Exhibit 8, # 19 Exhibit 9, # 20 Exhibit 10, # 21 Exhibit 11, # 22 Exhibit 12, # 23 Text of Proposed Order)(Perry, Hanna). Added MOTION to Appoint Lead Counsel on 5/7/2024 (znmw). (Entered: 05/06/2024)

1 Memorandum in Support

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2 Declaration of W. Mathis

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3 Declaration of K. Davis

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4 Declaration of T. Seltzer

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5 Declaration of R. Edmondson

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6 Declaration of S. Michelman

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7 Declaration of S. Deger-Sen

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8 Declaration of A. Verriest

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9 Declaration of H. Perry

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10 Declaration of P. Davis

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11 Exhibit 1

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12 Exhibit 2

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13 Exhibit 3

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14 Exhibit 4

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15 Exhibit 5

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16 Exhibit 6

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17 Exhibit 7

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18 Exhibit 8

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19 Exhibit 9

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20 Exhibit 10

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21 Exhibit 11

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22 Exhibit 12

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23 Text of Proposed Order

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May 6, 2024

May 6, 2024

PACER
3

MOTION for Preliminary Injunction by K. DAVIS, W. MATHIS. (Attachments: # 1 Memorandum in Support, # 2 Declaration of W. Mathis, # 3 Declaration of K. Davis, # 4 Declaration of T. Seltzer, # 5 Declaration of R. Edmondson, # 6 Declaration of A. Verriest, # 7 Exhibit A, # 8 Exhibit B, # 9 Exhibit C, # 10 Exhibit D, # 11 Exhibit E, # 12 Exhibit F, # 13 Exhibit G, # 14 Exhibit H, # 15 Exhibit I, # 16 Text of Proposed Order)(Perry, Hanna) (Entered: 05/06/2024)

1 Memorandum in Support

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2 Declaration of W. Mathis

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3 Declaration of K. Davis

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4 Declaration of T. Seltzer

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5 Declaration of R. Edmondson

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6 Declaration of A. Verriest

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7 Exhibit A

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8 Exhibit B

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9 Exhibit C

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10 Exhibit D

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11 Exhibit E

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12 Exhibit F

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13 Exhibit G

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14 Exhibit H

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15 Exhibit I

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16 Text of Proposed Order

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May 6, 2024

May 6, 2024

Clearinghouse
4

NOTICE of Appearance by Peter E. Davis on behalf of K. DAVIS, W. MATHIS (Davis, Peter) (Entered: 05/06/2024)

May 6, 2024

May 6, 2024

PACER
5

NOTICE of Appearance by Scott Michelman on behalf of All Plaintiffs (Michelman, Scott) (Entered: 05/06/2024)

May 6, 2024

May 6, 2024

PACER

Case Assigned/Reassigned

May 7, 2024

May 7, 2024

PACER

.Order AND ~Util - Set/Reset Deadlines/Hearings

May 7, 2024

May 7, 2024

PACER

Case Assigned to Judge Trevor N. McFadden. (znmw)

May 7, 2024

May 7, 2024

PACER
6

SUMMONS (6) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(znmw) (Entered: 05/07/2024)

May 7, 2024

May 7, 2024

PACER
7

STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Signed by Judge Trevor N. McFadden on 05/07/2024. (lctnm1) (Entered: 05/07/2024)

May 7, 2024

May 7, 2024

PACER

MINUTE ORDER: Upon consideration of Plaintiffs' 3 Motion for a Preliminary Injunction, Defendants' response is due by May 20, and Plaintiffs' Reply is due by May 27. The parties are further ORDERED to appear for a motion hearing on Plaintiffs' 3 Motion for a Preliminary Injunction on Monday, June 3, at 1:00 p.m. in Courtroom 2 before Judge Trevor N. McFadden. SO ORDERED. Signed by Judge Trevor N. McFadden on 05/07/2024. (lctnm1)

May 7, 2024

May 7, 2024

PACER
8

NOTICE of Appearance by Michael Krevans Perloff on behalf of K. DAVIS, W. MATHIS (Perloff, Michael) (Entered: 05/07/2024)

May 7, 2024

May 7, 2024

PACER
9

NOTICE of Appearance by Zoe E. Friedland on behalf of All Plaintiffs (Friedland, Zoe) (Entered: 05/09/2024)

May 9, 2024

May 9, 2024

PACER
10

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/7/2024. Answer due for ALL FEDERAL DEFENDANTS by 7/6/2024. (Davis, Peter) (Entered: 05/09/2024)

May 9, 2024

May 9, 2024

PACER
11

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Allison Beth Frankel, Filing fee $ 100, receipt number ADCDC-10888805. Fee Status: Fee Paid. by K. DAVIS, W. MATHIS. (Attachments: # 1 Declaration Frankel Decl, # 2 Exhibit, # 3 Text of Proposed Order)(Perloff, Michael) (Entered: 05/10/2024)

May 10, 2024

May 10, 2024

PACER

Order on Motion for Leave to Appear Pro Hac Vice

May 10, 2024

May 10, 2024

PACER

MINUTE ORDER granting 11 Motion for Leave to Appear Pro Hac Vice. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. SO ORDERED. Signed by Judge Trevor N. McFadden on 05/10/2024. (lctnm1)

May 10, 2024

May 10, 2024

PACER
12

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 5/13/24. (Davis, Peter) (Entered: 05/13/2024)

May 13, 2024

May 13, 2024

PACER
13

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. COURT SERVICES AND OFFENDER SUPERVISION AGENCY served on 5/10/2024; PATRICIA K. CUSHWA served on 5/13/2024; RICHARD S. TISCHNER served on 5/10/2024; UNITED STATES PAROLE COMMISSION served on 5/13/2024 (Davis, Peter) (Entered: 05/13/2024)

May 13, 2024

May 13, 2024

PACER
14

Consent MOTION for Extension of Time to File Response/Reply as to 3 MOTION for Preliminary Injunction by COURT SERVICES AND OFFENDER SUPERVISION AGENCY, PATRICIA K. CUSHWA, RICHARD S. TISCHNER, UNITED STATES PAROLE COMMISSION. (Venguswamy, Kartik) (Entered: 05/17/2024)

May 17, 2024

May 17, 2024

PACER

Order on Motion for Extension of Time to File Response/Reply AND Set/Reset Deadlines/Hearings

May 17, 2024

May 17, 2024

PACER

MINUTE ORDER: The Court GRANTS IN PART Defendants' 14 Consent Motion for Extension of Time. Defendants' response to Plaintiffs' 3 Motion for Preliminary Injunction is now due on May 21 and Plaintiffs' reply is due on May 28. The motion hearing, however, will remain on Monday, June 3, at 1:00 p.m. in Courtroom 2 before Judge Trevor N. McFadden. All counsel are advised that extensions of time must be made at least four business days before the affected deadline or hearing. See Standing Order § 9(A), ECF No. 7. SO ORDERED. Signed by Judge Trevor N. McFadden on 05/17/2024. (lctnm1)

May 17, 2024

May 17, 2024

PACER
15

NOTICE of Appearance by Allison Frankel on behalf of All Plaintiffs (Frankel, Allison) (Main Document 15 replaced on 5/20/2024) (mg). (Entered: 05/20/2024)

May 20, 2024

May 20, 2024

PACER
16

Memorandum in opposition to re 3 Motion for Preliminary Injunction, filed by COURT SERVICES AND OFFENDER SUPERVISION AGENCY, PATRICIA K. CUSHWA, RICHARD S. TISCHNER, UNITED STATES PAROLE COMMISSION. (Venguswamy, Kartik) (Entered: 05/21/2024)

May 21, 2024

May 21, 2024

Clearinghouse
17

REPLY to opposition to motion re 3 MOTION for Preliminary Injunction filed by K. DAVIS, W. MATHIS. (Davis, Peter) (Entered: 05/28/2024)

May 28, 2024

May 28, 2024

Clearinghouse
18

NOTICE of Appearance by Christine Casey Smith on behalf of K. DAVIS, W. MATHIS (Smith, Christine) (Entered: 06/03/2024)

June 3, 2024

June 3, 2024

PACER

Motion Hearing

June 3, 2024

June 3, 2024

PACER
19

NOTICE of Appearance by Jordan L. Hughes on behalf of K. DAVIS, W. MATHIS (Hughes, Jordan) (Entered: 06/03/2024)

June 3, 2024

June 3, 2024

PACER

Minute Entry for proceedings held before Judge Trevor N. McFadden: Motion Hearing held on 6/3/2024 re 3 MOTION for Preliminary Injunction filed by W. MATHIS, K. DAVIS. Held under advisement. (Court Reporter: Lisa Edwards.) (hmc)

June 3, 2024

June 3, 2024

PACER
20

MOTION to Stay re 2 MOTION to Certify Class and Appoint Counsel MOTION to Appoint Lead Counsel by COURT SERVICES AND OFFENDER SUPERVISION AGENCY, PATRICIA K. CUSHWA, RICHARD S. TISCHNER, UNITED STATES PAROLE COMMISSION. (Venguswamy, Kartik) (Entered: 06/04/2024)

June 4, 2024

June 4, 2024

PACER

.Order AND ~Util - Set/Reset Deadlines

June 5, 2024

June 5, 2024

PACER

MINUTE ORDER: Upon consideration of Defendants' 20 Motion to Stay Class Certification Proceedings, Plaintiffs' opposition is due by June 18, and Defendants' reply is due by June 25. SO ORDERED. Signed by Judge Trevor N. McFadden on 06/05/2024. (lctnm1)

June 5, 2024

June 5, 2024

PACER
21

ERRATA (Refiled Complaint) by K. DAVIS, W. MATHIS re 1 Complaint,. (Attachments: # 1 Errata Refiled Complaint)(Perry, Hanna) (Entered: 06/05/2024)

1 Errata Refiled Complaint

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June 5, 2024

June 5, 2024

PACER

.Order AND ~Util - Set/Reset Deadlines

June 6, 2024

June 6, 2024

PACER

MINUTE ORDER: Upon consideration of the Government's representations at the Preliminary Injunction Hearing, the Government's Motion to Dismiss the 1 Complaint is due by June 21, Plaintiffs' opposition is due by July 5, and the Government's reply is due by July 12. While the federal rules do not specifically contemplate shortening the response time under Rule 12, the Court "has inherent power to do so in the face of special circumstances." 5B Wright & Miller, Federal Practice and Procedure § 1346, at 41-43 (2004); see, e.g., Mascaro Const. Co., L.P. v. Loc. Union No. 210, No. 09-cv-0427T, 2009 WL 1405858, at *5 (W.D.N.Y. May 15, 2009) (shortening respondent's time to respond from 20 days to eight days); Drinan v. Nixon, 364 F. Supp. 853, 853 (D. Mass. 1973) (similar). Special circumstances exist here because Plaintiffs have moved for a preliminary injunction and the Government has expressed an intention to file a motion to dismiss on grounds similar to those expressed in its preliminary injunction opposition. The parties are further ORDERED to brief whether Defendants have sovereign immunity. Briefing on that issue shall appear in the parties' motion-to-dismiss papers. SO ORDERED. Signed by Judge Trevor N. McFadden on 06/06/2024. (lctnm1)

June 6, 2024

June 6, 2024

PACER
22

TRANSCRIPT OF MOTION HEARING before Judge Trevor N. McFadden held on June 3, 2024; Page Numbers: 1-68. Date of Issuance: June 8, 2024. Court Reporter/Transcriber Lisa Edwards. Telephone number (202) 354-3269. Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 6/29/2024. Redacted Transcript Deadline set for 7/9/2024. Release of Transcript Restriction set for 9/6/2024.(Edwards, Lisa) (Entered: 06/08/2024)

June 8, 2024

June 8, 2024

PACER
23

Memorandum in opposition to re 20 Motion to Stay, filed by KENNEDY DAVIS, WILLIAM MATHIS. (Attachments: # 1 Text of Proposed Order)(Davis, Peter) (Entered: 06/18/2024)

June 18, 2024

June 18, 2024

PACER
24

Consent MOTION for Extension of Time to Brief Motion to Dismiss by COURT SERVICES AND OFFENDER SUPERVISION AGENCY, PATRICIA K. CUSHWA, RICHARD S. TISCHNER, UNITED STATES PAROLE COMMISSION. (Venguswamy, Kartik) (Entered: 06/20/2024)

June 20, 2024

June 20, 2024

PACER

Order on Motion for Extension of Time to AND Set/Reset Deadlines

June 21, 2024

June 21, 2024

PACER

MINUTE ORDER: The Court GRANTS the Government's 24 Consent Motion for Extension of Time. The motion to dismiss briefing schedule shall be adjusted as follows: the Government's motion is due on June 25; Plaintiffs' opposition is due on July 12; and the Government's reply is due on July 19. The Government's reply in support of its stay motion is now due on June 27. The Court admonishes all counsel to review its Standing Order, which requires motions for extensions of time to be filed four business days before the affected deadline. See Standing Order at 3, ECF No. 7. The Court does not expect to grant any further extensions on these motions. SO ORDERED. Signed by Judge Trevor N. McFadden on 06/21/2024. (lctnm1)

June 21, 2024

June 21, 2024

PACER
25

MOTION to Dismiss by COURT SERVICES AND OFFENDER SUPERVISION AGENCY, PATRICIA K. CUSHWA, RICHARD S. TISCHNER, UNITED STATES PAROLE COMMISSION. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Venguswamy, Kartik) (Entered: 06/25/2024)

June 25, 2024

June 25, 2024

Clearinghouse
26

REPLY to opposition to motion re 20 MOTION to Stay re 2 MOTION to Certify Class and Appoint Counsel MOTION to Appoint Lead Counsel filed by COURT SERVICES AND OFFENDER SUPERVISION AGENCY, PATRICIA K. CUSHWA, RICHARD S. TISCHNER, UNITED STATES PAROLE COMMISSION. (Venguswamy, Kartik) (Entered: 06/27/2024)

June 27, 2024

June 27, 2024

PACER
27

Memorandum in opposition to re 25 Motion to Dismiss filed by KENNEDY DAVIS, WILLIAM MATHIS. (Attachments: # 1 Text of Proposed Order)(Perry, Hanna) (Entered: 07/12/2024)

July 12, 2024

July 12, 2024

Clearinghouse
28

REPLY to opposition to motion re 25 MOTION to Dismiss filed by COURT SERVICES AND OFFENDER SUPERVISION AGENCY, PATRICIA K. CUSHWA, RICHARD S. TISCHNER, UNITED STATES PAROLE COMMISSION. (Venguswamy, Kartik) (Entered: 07/19/2024)

July 19, 2024

July 19, 2024

Clearinghouse
29

NOTICE OF WITHDRAWAL OF APPEARANCE as to KENNEDY DAVIS, WILLIAM MATHIS. Attorney Jordan L. Hughes terminated. (Hughes, Jordan) (Entered: 07/31/2024)

July 31, 2024

July 31, 2024

PACER
30

NOTICE of Appearance by Ashika Verriest on behalf of All Plaintiffs (Verriest, Ashika) (Entered: 08/09/2024)

Aug. 9, 2024

Aug. 9, 2024

PACER
31

MEMORANDUM OPINION on Plaintiffs' 3 Motion for Preliminary Injunction and Defendants' 25 Motion to Dismiss. See the attached Memorandum Opinion for details. Signed by Judge Trevor N. McFadden on 09/05/2024. (lctnm1) (Entered: 09/05/2024)

Sept. 5, 2024

Sept. 5, 2024

Clearinghouse
32

ORDER granting Plaintiffs' 3 Motion for Preliminary Injunction and denying Defendants' 25 Motion to Dismiss. See the attached Order for details. Signed by Judge Trevor N. McFadden on 09/05/2024. (lctnm1) (Entered: 09/05/2024)

Sept. 5, 2024

Sept. 5, 2024

Clearinghouse
33

MEMORANDUM ORDER on Plaintiffs' 2 Motion to Certify Class and Appoint Counsel and Defendants' 20 Motion to Stay Class Certification Proceedings. See the attached Memorandum Order for details. Signed by Judge Trevor N. McFadden on 09/05/2024. (lctnm1) (Entered: 09/05/2024)

Sept. 5, 2024

Sept. 5, 2024

Clearinghouse
34

SUGGESTION OF DEATH Upon the Record as to WILLIAM MATHIS by KENNEDY DAVIS, WILLIAM MATHIS. (Friedland, Zoe) Modified event on 9/12/2024 (mg). (Entered: 09/11/2024)

Sept. 11, 2024

Sept. 11, 2024

Clearinghouse
35

NOTICE of Voluntary Dismissal by KENNEDY DAVIS, WILLIAM MATHIS. (See docket entry 34 to view document). (mg) (Entered: 09/12/2024)

Sept. 11, 2024

Sept. 11, 2024

PACER

Notice of Voluntary Dismissal

Sept. 12, 2024

Sept. 12, 2024

PACER
36

NOTICE (Joint Proposed Schedule) by KENNEDY DAVIS (Smith, Christine) (Entered: 09/19/2024)

Sept. 19, 2024

Sept. 19, 2024

PACER
37

Consent MOTION for Extension of Time to File Answer re 1 Complaint, by COURT SERVICES AND OFFENDER SUPERVISION AGENCY, PATRICIA K. CUSHWA, RICHARD S. TISCHNER, UNITED STATES PAROLE COMMISSION. (Venguswamy, Kartik) (Entered: 09/19/2024)

Sept. 19, 2024

Sept. 19, 2024

PACER

Order on Motion for Extension of Time to Answer AND Set/Reset Deadlines

Sept. 20, 2024

Sept. 20, 2024

PACER

.Order AND ~Util - Set/Reset Deadlines

Sept. 20, 2024

Sept. 20, 2024

PACER

MINUTE ORDER: The Court GRANTS IN PART the Government's 37 Consent Motion for Extension Nunc Pro Tunc. The Government's answer is now due on September 23. The Court admonishes the Government's counsel to strictly adhere to the Court's four-business-day rule on extensions of time. See Standing Order at 3, ECF No. 7. Absent good cause that goes beyond a heavy workload, the Court will not grant future extension requests that violate this rule. SO ORDERED. Signed by Judge Trevor N. McFadden on 09/20/2024. (lctnm1)

Sept. 20, 2024

Sept. 20, 2024

PACER

MINUTE ORDER: Upon consideration of the parties' 36 Joint Proposed Schedule for Further Proceedings, Plaintiff's Renewed Motion for Class Certification is due by October 3, Defendants' Opposition is due by November 4, and Plaintiff's Reply is due by November 18. SO ORDERED. Signed by Judge Trevor N. McFadden on 09/20/2024. (lctnm1)

Sept. 20, 2024

Sept. 20, 2024

PACER
38

ANSWER to Complaint by COURT SERVICES AND OFFENDER SUPERVISION AGENCY, PATRICIA K. CUSHWA, RICHARD S. TISCHNER, UNITED STATES PAROLE COMMISSION.(Venguswamy, Kartik) (Entered: 09/23/2024)

Sept. 23, 2024

Sept. 23, 2024

RECAP
39

ORDER setting Telephonic Initial Scheduling Conference. See the attached Order for details. Signed by Judge Trevor N. McFadden on 09/24/2024. (lctnm1) (Entered: 09/24/2024)

Sept. 24, 2024

Sept. 24, 2024

RECAP
40

MOTION to Certify Class by KENNEDY DAVIS. (Attachments: # 1 Declaration of P. Davis, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Declaration of R. Edmondson, # 15 Declaration of K. Davis, # 16 Declaration of T. Seltzer, # 17 Declaration of S. Deger-Sen, # 18 Declaration of S. Michelman, # 19 Declaration of H. Perry, # 20 Declaration of A. Verriest, # 21 Text of Proposed Order)(Davis, Peter) (Entered: 10/03/2024)

1 Declaration of P. Davis

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2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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5 Exhibit 4

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6 Exhibit 5

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7 Exhibit 6

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8 Exhibit 7

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9 Exhibit 8

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10 Exhibit 9

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11 Exhibit 10

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12 Exhibit 11

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13 Exhibit 12

View on PACER

14 Declaration of R. Edmondson

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15 Declaration of K. Davis

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16 Declaration of T. Seltzer

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17 Declaration of S. Deger-Sen

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18 Declaration of S. Michelman

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19 Declaration of H. Perry

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20 Declaration of A. Verriest

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21 Text of Proposed Order

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Oct. 3, 2024

Oct. 3, 2024

PACER
41

MEET AND CONFER STATEMENT. (Attachments: # 1 Text of Proposed Order)(Friedland, Zoe) (Entered: 10/15/2024)

1 Text of Proposed Order

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Oct. 15, 2024

Oct. 15, 2024

RECAP

Scheduling Conference AND ~Util - Set/Reset Deadlines/Hearings

Oct. 23, 2024

Oct. 23, 2024

PACER

Minute Entry for proceedings held before Judge Trevor N. McFadden: Telephonic Initial Scheduling Conference held on 10/23/2024. Each party may depose up to 10 witnesses, offer up to 4 experts, seek up to 10 requests for admission, 25 document requests, and 25 interrogatories. Discovery starts today. Defendants' opposition to Plaintiff's motion for class certification due by 11/4/2024. Plaintiff's reply due by 11/18/2024. Initial Disclosures due by 11/6/2024. Plaintiff's Rule 26(a)(2) Expert Disclosures due by 5/15/2025. Defendants' Rule 26(a)(2) Expert Disclosures due by 6/30/2025. All discovery, including expert discovery due by 7/23/2025. Telephonic Post-Discovery Status Conference set for 7/31/2025 at 10:00 AM before Judge Trevor N. McFadden. (Court Reporter: Lisa Edwards.) (hmc)

Oct. 23, 2024

Oct. 23, 2024

PACER
42

Memorandum in opposition to re 40 Motion to Certify Class,, filed by UNITED STATES PAROLE COMMISSION, PATRICIA K. CUSHWA, COURT SERVICES AND OFFENDER SUPERVISION AGENCY, RICHARD S. TISCHNER. (Attachments: # 1 Affidavit Helenihi Aff (Ex. A))(Venguswamy, Kartik) (Entered: 11/04/2024)

1 Affidavit Helenihi Aff (Ex. A)

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Nov. 4, 2024

Nov. 4, 2024

Clearinghouse
43

NOTICE of Appearance by Lia Rose Cattaneo on behalf of KENNEDY DAVIS (Cattaneo, Lia) (Entered: 11/18/2024)

Nov. 18, 2024

Nov. 18, 2024

PACER
44

REPLY to opposition to motion re 40 Motion to Certify Class,, filed by KENNEDY DAVIS. (Davis, Peter) (Entered: 11/18/2024)

Nov. 18, 2024

Nov. 18, 2024

Clearinghouse
45

Leave to File Denied

Feb. 11, 2025

Feb. 11, 2025

PACER
46

Leave to File Denied

Feb. 11, 2025

Feb. 11, 2025

PACER
47

MEMORANDUM ORDER GRANTING Plaintiff's 40 Renewed Motion for Class Certification and Appointment of Counsel. See attached Order for details. Signed by Judge Trevor N. McFadden on 2/11/2025. (lctnm1)

Feb. 11, 2025

Feb. 11, 2025

RECAP

~Util - Set/Reset Hearings

March 14, 2025

March 14, 2025

PACER

Discovery Hearing

March 26, 2025

March 26, 2025

PACER

~Util - Set/Reset Deadlines/Hearings

March 26, 2025

March 26, 2025

PACER
48

Protective Order

March 28, 2025

March 28, 2025

PACER
49

Order on Motion for Protective Order

April 2, 2025

April 2, 2025

PACER

Discovery Hearing AND ~Util - Set/Reset Deadlines/Hearings

April 28, 2025

April 28, 2025

PACER
50

Notice of Appearance

May 13, 2025

May 13, 2025

PACER
51

Extension of Time to Complete Discovery

May 30, 2025

May 30, 2025

PACER

Order on Motion for Extension of Time to Complete Discovery AND Set/Reset Deadlines/Hearings

June 3, 2025

June 3, 2025

PACER
52

Notice of Withdrawal of Appearance

June 30, 2025

June 30, 2025

PACER
53

Appear Pro Hac Vice

July 17, 2025

July 17, 2025

PACER

Order on Motion for Leave to Appear Pro Hac Vice

July 17, 2025

July 17, 2025

PACER
54

Notice of Appearance

July 23, 2025

July 23, 2025

PACER
55

Extension of Time to Complete Discovery

Aug. 1, 2025

Aug. 1, 2025

PACER

~Util - Set/Reset Hearings

Aug. 1, 2025

Aug. 1, 2025

PACER

Case Details

State / Territory: District of Columbia

Case Type(s):

Disability Rights

Criminal Justice (Other)

Key Dates

Filing Date: May 6, 2024

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Two individuals seeking to represent a class of people who are or will be on parole or supervised release in Washington, D.C.

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

United States Parole Commission, Federal

Court Services and Offender Supervision Agency, City

Defendant Type(s):

Law-enforcement

Corrections

Case Details

Causes of Action:

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

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.:

Parole grant/revocation

Disability and Disability Rights:

Disability, unspecified

Reasonable Accommodations

Discrimination Basis:

Disability (inc. reasonable accommodations)