Case: Puryear v. Dotson

3:24-cv-00479 | U.S. District Court for the Eastern District of Virginia

Filed Date: June 28, 2024

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a class action lawsuit alleging that the Virginia Department of Corrections (VADOC) wrongfully detained incarcerated individuals in violation of a statutory requirement to release them under Virginia’s “earned sentence credit” program. In 2020, the Virginia General Assembly amended the existing earned sentence credit program, increasing the rate at which individuals could earn credits toward shorter sentences. On June 28, 2024, the plaintiffs, represented by private counsel and the ACLU…

This is a class action lawsuit alleging that the Virginia Department of Corrections (VADOC) wrongfully detained incarcerated individuals in violation of a statutory requirement to release them under Virginia’s “earned sentence credit” program. In 2020, the Virginia General Assembly amended the existing earned sentence credit program, increasing the rate at which individuals could earn credits toward shorter sentences. On June 28, 2024, the plaintiffs, represented by private counsel and the ACLU of Virginia, brought this lawsuit in the United States District Court for the Eastern District of Virginia under 42 U.S.C. § 1983 for violations of the Eighth and Fourteenth Amendments of the United States Constitution and for false imprisonment under Virginia law. The plaintiffs sought a declaratory judgment that VADOC’s actions violated the Eighth and Fourteenth Amendments of the U.S. Constitution and the laws of Virginia; compensatory damages; and costs and reasonable attorneys’ fees. The plaintiffs also asked the court for a trial by jury. The case was assigned to District Judge Robert E. Payne. 

This lawsuit alleged that although the amended statute listed only a few conviction types that were ineligible for the expanded credits and removed VADOC’s discretionary power to grant or deny earned sentence credits, VADOC wrongfully denied the expanded credits to hundreds if not thousands of people in its custody and continued to imprison them beyond their proper release dates. Specifically, the plaintiffs alleged that VADOC refused to give earned sentence credits to people convicted of inchoate, or uncompleted, versions of complete offenses that were ineligible under the statute, although the statute itself did not exclude the inchoate versions of those offenses from earned sentence credit eligibility. The proposed class consisted of people with convictions for inchoate offenses related to robbery and carjacking (e.g., “attempted robbery” or “attempted carjacking”) who alleged that they earned sufficient sentence credits to be entitled to release before November 2023 but who were nevertheless detained for weeks or months beyond their proper release dates.

On August 6, 2024, the defendants filed a motion to dismiss for failure to state a claim. However, the motion ultimately became moot because the parties settled.

On January 29, 2025, the court preliminarily approved the proposed settlement agreement. Virginia committed to paying $118 for each day an individual in the class was held past their original release date. According to the settlement, a total of 53 individuals were detained for an additional 9,646 days, leading to an estimated total payment of $1,139,694. The settlement also provided for up to $400,000 in attorneys' fees. For the purposes of settlement only, the court also provisionally certified the class, which consisted of all individuals in custody of VDOC as of July 1, 2022, serving sentences for inchoate crimes associated with robbery or carjacking; who were released from VDOC custody on or before November 30, 2023; and who would have been released earlier if they had been awarded the expanded earned sentence credits.

The case is ongoing, with a fairness hearing on the settlement agreement set for May 19, 2025.

Summary Authors

Nicole Brigstock (9/20/2024)

Isabel Bysiewicz (2/14/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/68900251/parties/puryear-v-dotson/


Judge(s)
Attorney for Plaintiff

Allen, Michael (Virginia)

Campbell, Emahunn Raheem (Virginia)

DePriest, David Swan (Virginia)

Israni, Ellora Thadaney (Virginia)

Livengood, Rebecca Jane (Virginia)

Attorney for Defendant

show all people

Documents in the Clearinghouse

Document
1

3:24-cv-00479

Class Action Complaint

June 28, 2024

June 28, 2024

Complaint
43

3:24-cv-00479

Order

Nov. 8, 2024

Nov. 8, 2024

Order/Opinion
44

3:24-cv-00479

Order

Nov. 8, 2024

Nov. 8, 2024

Order/Opinion
55-1

3:24-cv-00479

Amended Settlement Agreement

Jan. 28, 2025

Jan. 28, 2025

Settlement Agreement
56

3:24-cv-00479

Order Granting Preliminary Approval of Proposed Class Action Settlement, Provisional Certification of Class, and Approval of Notice

Jan. 29, 2025

Jan. 29, 2025

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/68900251/puryear-v-dotson/

Last updated Aug. 5, 2025, 4:40 a.m.

ECF Number Description Date Link Date / Link
1

Complaint ( Filing fee $ 405, receipt number AVAEDC-9607541.), filed by Leslie Puryear. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet)(Allen, Michael) (Entered: 06/28/2024)

1 Exhibit A

View on PACER

2 Civil Cover Sheet

View on PACER

June 28, 2024

June 28, 2024

Clearinghouse
2

Proposed Summons to CHADWICK DOTSON by Leslie Puryear. (Allen, Michael) (Entered: 06/28/2024)

June 28, 2024

June 28, 2024

PACER
3

Proposed Summons to HAROLD CLARKE by Leslie Puryear. (Allen, Michael) (Entered: 06/28/2024)

June 28, 2024

June 28, 2024

PACER
4

Motion to appear Pro Hac Vice by Rebecca Livengood and Certification of Local Counsel Michael Allen Filing fee $ 75, receipt number AVAEDC-9607554. by Leslie Puryear. (Allen, Michael) (Main Document 4 replaced to correct employment status on 7/1/2024) (jenjones, ). (Entered: 06/28/2024)

June 28, 2024

June 28, 2024

RECAP
5

Motion to appear Pro Hac Vice by Ellora Israni and Certification of Local Counsel Michael Allen Filing fee $ 75, receipt number AVAEDC-9607562. by Leslie Puryear. (Allen, Michael) (Main Document 5 replaced to correct employment status on 7/1/2024) (jenjones, ). (Entered: 06/28/2024)

June 28, 2024

June 28, 2024

PACER

Initial Case Assignment to District Judge Robert E. Payne. (jenjones, )

June 28, 2024

June 28, 2024

PACER
6

Summons Issued as to Harold Clarke, Chadwick Dotson. NOTICE TO ATTORNEY: Please remove the headers and print two duplex copies of the electronically issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint upon each Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention. Then electronically file the return using the filing events, Summons Returned Executed or Summons Returned Unexecuted. Please ensure that the original summons page signed by the clerk is the first document to appear when filing the return of service. (jenjones, ) (Entered: 07/01/2024)

July 1, 2024

July 1, 2024

PACER
7

Motion to appear Pro Hac Vice by David DePriest and Certification of Local Counsel Michael Allen Filing fee $ 75, receipt number AVAEDC-9611227. by Leslie Puryear. (Allen, Michael) (Entered: 07/02/2024)

July 2, 2024

July 2, 2024

PACER
8

ORDER granting 4 Motion for Rebecca Jane Livengood to appear Pro hac vice for Leslie Puryear. Signed by District Judge Robert E. Payne on 7/2/2024. (jenjones, ) (Entered: 07/02/2024)

July 2, 2024

July 2, 2024

PACER
9

ORDER granting 5 Motion for Ellora Thadaney Israni to appear Pro hac vice for Leslie Puryear. Signed by District Judge Robert E. Payne on 7/2/2024. (jenjones, ) (Entered: 07/03/2024)

July 2, 2024

July 2, 2024

PACER
10

ORDER granting 7 Motion for David Swan DePriest to appear Pro hac vice for Leslie Puryear. Signed by District Judge Robert E. Payne on 7/2/2024. (jenjones, ) (Entered: 07/03/2024)

July 2, 2024

July 2, 2024

PACER
11

SUMMONS Returned Executed by Leslie Puryear Harold Clarke served on 7/2/2024, answer due 7/23/2024 (Allen, Michael) (Entered: 07/08/2024)

July 8, 2024

July 8, 2024

PACER
12

DISREGARD see ECF 13 executed summons. Proposed Summons to CHADWICK DOTSON by Leslie Puryear (Allen, Michael) Modified on 7/25/2024 per plaintiff's atty, ok to disregard. (mful, ). (Entered: 07/19/2024)

July 19, 2024

July 19, 2024

PACER

Notice of Correction re 12 - A new summons cannot be issued until the original summons is returned/filed properly. The original summons was issued on 7/1/2024. Filing attorney has not docketed any return of service documents as to the Defendant, Chadwick Dotson. Attorney must file the original summons as "summons returned unexecuted". (adun, )

July 22, 2024

July 22, 2024

PACER
13

SUMMONS Returned Executed by Leslie Puryear Chadwick Dotson served on 7/16/2024, answer due 8/6/2024 (Allen, Michael) (Entered: 07/23/2024)

July 23, 2024

July 23, 2024

PACER
14

NOTICE of Appearance by Margaret Hoehl O'Shea on behalf of Harold Clarke, Chadwick Dotson (O'Shea, Margaret) (Entered: 07/23/2024)

July 23, 2024

July 23, 2024

PACER
15

MOTION for Extension of Time to File Responsive Pleading by Harold Clarke. (O'Shea, Margaret) (Entered: 07/23/2024)

July 23, 2024

July 23, 2024

PACER
16

ORDER that the MOTION FOR EXTENSION OF TIME 15 is granted with modification. It is further ORDERED that the defendant, Harold Clarke, shall file his Answer and any other motions with respect to the Complaint by August 6, 2024. It is so ORDERED. Signed by District Judge Robert E. Payne on 7/31/2024. (jenjones, ) (Entered: 07/31/2024)

July 31, 2024

July 31, 2024

PACER
17

MOTION to Dismiss for Failure to State a Claim by Harold Clarke, Chadwick Dotson. (O'Shea, Margaret) (Entered: 08/06/2024)

Aug. 6, 2024

Aug. 6, 2024

PACER
18

Memorandum in Support re 17 MOTION to Dismiss for Failure to State a Claim filed by Harold Clarke, Chadwick Dotson. (Attachments: # 1 Exhibit 1 - Official Attorney General Opinion 22-0008, # 2 Exhibit 2 - Plaintiff Sentencing Orders)(O'Shea, Margaret) (Entered: 08/06/2024)

1 Exhibit 1 - Official Attorney General Opinion 22-0008

View on PACER

2 Exhibit 2 - Plaintiff Sentencing Orders

View on PACER

Aug. 6, 2024

Aug. 6, 2024

PACER
19

ANSWER to Complaint by Harold Clarke, Chadwick Dotson.(O'Shea, Margaret) (Entered: 08/06/2024)

Aug. 6, 2024

Aug. 6, 2024

PACER
20

Memorandum in Opposition re 17 MOTION to Dismiss for Failure to State a Claim filed by Leslie Puryear. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Proposed Order)(Allen, Michael) (Entered: 08/20/2024)

Aug. 20, 2024

Aug. 20, 2024

PACER
21

REPLY to Response to Motion re 17 MOTION to Dismiss for Failure to State a Claim filed by Harold Clarke, Chadwick Dotson. (O'Shea, Margaret) (Entered: 08/26/2024)

Aug. 26, 2024

Aug. 26, 2024

PACER
22

ORDER SETTING PRETRIAL CONFERENCE: Initial Pretrial Conference set for 9/18/2024 at 10:30 AM in Richmond Judges Chamber before District Judge Robert E. Payne. See for complete details. Issued at the direction of the Court. Signed by Nikki Brown with the permission of District Judge Robert E. Payne on 9/3/2024. (nbrow) (Entered: 09/03/2024)

Sept. 3, 2024

Sept. 3, 2024

RECAP
23

SCHEDULING ORDER. See for complete details. It is so ORDERED. Signed by Nikki Brown with the permission of District Judge Robert E. Payne on 9/3/2024. (Attachment: # 1 Schedule A) (nbrow) (Entered: 09/03/2024)

1 Schedule A

View on RECAP

Sept. 3, 2024

Sept. 3, 2024

RECAP
24

Consent MOTION for Extension of Discovery Deadline and Waiver of Local Counsel Appearance Requirement by Leslie Puryear. (Attachments: # 1 Proposed Order)(Allen, Michael) (Entered: 09/05/2024)

Sept. 5, 2024

Sept. 5, 2024

PACER
25

ORDER that the written discovery request deadline established in the Court's ORDER SETTING PRETRIAL CONFERENCE, ECF No. 22, be extended from Friday, September 6, 2024, to Monday, September 9, 2024, at 5:00 P.M. and that the Rule 26(f) conference deadline be extended from Friday, September 6, 2024, to Tuesday, September 10, 2024, at 5:00 P.M. It is also hereby ORDERED that Local Rules 83.1(E)(1)(b) and (F) are hereby waived as to Mr. Michael Allen who need not attend the pretrial hearing scheduled for September 18, 2024. It is so ORDERED. Signed by District Judge Robert E. Payne on 9/6/2024. (jenjones, ) (Entered: 09/06/2024)

Sept. 6, 2024

Sept. 6, 2024

PACER
26

MOTION to Withdraw as Attorney David DePriest by Leslie Puryear. (Attachments: # 1 Proposed Order)(Allen, Michael) (Entered: 09/09/2024)

Sept. 9, 2024

Sept. 9, 2024

PACER
27

ORDER that the MOTION TO WITHDRAW DAVID DEPRIEST AS COUNSEL FOR PLAINTIFF 26 is granted. It is further ORDERED that the Clerk shall remove David S. DePriest, Esquire as counsel of record for the plaintiff. It is so ORDERED. Signed by District Judge Robert E. Payne on 9/9/2024. (jenjones, ) (Entered: 09/10/2024)

Sept. 10, 2024

Sept. 10, 2024

PACER

Minute Entry for proceedings held before District Judge Robert E. Payne: Initial Pretrial Conference held on 9/18/2024. Appearances: Rebecca Livengood, Ellora Israni, Iman Campbell (NOA not filed), Margaret O'Shea, Caitlyn Switzer (observer). (nbrow)

Sept. 18, 2024

Sept. 18, 2024

PACER
28

ORDER that: 1) Class discovery shall be completed by November 25, 2024; and 2) By January 10, 2025, the plaintiffs shall file their Motion for Class Certification; and 3) By January 24, 2025, the defendants shall file their response; and 4) By January 31, 2025, the plaintiffs shall file their reply. It is so ORDERED. Signed by Senior United States District Judge Robert E. Payne on 9/19/2024. (sbea) (Entered: 09/19/2024)

Sept. 19, 2024

Sept. 19, 2024

PACER
29

ORDER that by September 30, 2024, the parties shall submit a proposed Consent Order setting forth the dates for the making of expert disclosures required by Fed. R. Civ. P. 26. It is so ORDERED. Signed by Senior United States District Judge Robert E. Payne on 9/19/2024. (sbea) (Entered: 09/19/2024)

Sept. 19, 2024

Sept. 19, 2024

PACER
30

Ordered that the settlement conference and proceedings required by paragraph 3 of the Scheduling Order are referred to United States Magistrate Judge Summer L. Speight. Counsel shall be responsible for contacting the Chambers of Magistrate Judge Speight within five (5) days of the date of this Order to schedule the conference to occur within the fifty-day period required by paragraph 3 of the Scheduling Order or at such other time as Magistrate Judge Speight shall approve. It is so ORDERED. Signed by Senior United States District Judge Robert E. Payne on 9/19/2024. (sbea) (Entered: 09/19/2024)

Sept. 19, 2024

Sept. 19, 2024

PACER
31

Joint MOTION for Protective Order by Leslie Puryear. (Attachments: # 1 Proposed Stipulated Protective Order, # 2 Exhibit A)(Allen, Michael). Clerk replaced documents as to proper procedures for Chambers on 9/26/2024). NEF was regenerated. (sbea) (Entered: 09/25/2024)

Sept. 25, 2024

Sept. 25, 2024

RECAP
32

ORDER REGARDING PROCEDURES FOR SETTLEMENT CONFERENCE - The Court has scheduled this case for a settlement conference on October 28, 2024, at 9:30 A.M. At that time, the parties shall report to the chambers of Magistrate Judge Summer L. Speight. In addition to counsel, each party must have a representative physically present with the full authority to settle this action. SEE ORDER FOR DETAILS. It is so ORDERED. Signed by Magistrate Judge Summer L. Speight on 9/26/2024. (jenjones, ) (Entered: 09/26/2024)

Sept. 26, 2024

Sept. 26, 2024

RECAP

Notice of Correction re: 31 Joint MOTION for Protective Order; Clerk sent filing attorney an email regarding correct filing procedures for submitting the Joint Motion for Protective Order. (sbea)

Sept. 26, 2024

Sept. 26, 2024

PACER
33

PROTECTIVE ORDER. See Order for details.. Signed by District Judge Robert E. Payne on 9/27/2024. (Attachments: # 1 Acknowledgment and Agreement) (jenjones, ) (Entered: 09/30/2024)

Sept. 30, 2024

Sept. 30, 2024

PACER
34

Joint MOTION to Set Expert Disclosure Deadlines by Leslie Puryear. (Attachments: # 1 Proposed Order)(Allen, Michael) (Entered: 09/30/2024)

Sept. 30, 2024

Sept. 30, 2024

PACER
35

Amended MOTION re 34 Joint MOTION to Set Expert Disclosure Deadlines by Leslie Puryear. (Attachments: # 1 Proposed Order)(Allen, Michael) (Entered: 10/08/2024)

Oct. 8, 2024

Oct. 8, 2024

PACER
36

ORDER that for the reasons set forth on the record during a conference call between the parties and the Court held Wednesday, October 2, 2024, the JOINT MOTION TO SET EXPERT DISCLOSURE DEADLINES, 34, is hereby DENIED, and the AMENDED JOINT MOTION TO SET EXPERT DISCLOSURE DEADLINES, 35, is hereby GRANTED. It is hereby ORDERED that the Plaintiff will file her Expert Report(s) by Friday, December 6, 2024, at 5:00 P.M. The Defendants will file their Expert Report(s) by Friday, January 3, 2025, at 5:00 P.M. The Plaintiff will file her Rebuttal Expert Report(s) by Friday, January 10, 2025, at 5:00 P.M. It is so ORDERED. Signed by District Judge Robert E. Payne on 10/9/2024. (jenjones, ) (Entered: 10/09/2024)

Oct. 9, 2024

Oct. 9, 2024

PACER
37

Consent MOTION for Waiver of Local Counsel Appearance Requirement at Settlement Conference by Leslie Puryear. (Attachments: # 1 Proposed Order)(Allen, Michael) (Entered: 10/21/2024)

Oct. 21, 2024

Oct. 21, 2024

PACER
38

ORDER that the Motion for Waiver of Local Counsel Appearance 37 is GRANTED. Signed by Magistrate Judge Summer L. Speight on 10/22/2024. (jenjones, ) (Entered: 10/22/2024)

Oct. 22, 2024

Oct. 22, 2024

PACER

Set Hearing: Settlement Conference set for 10/28/2024 at 09:30 AM in Richmond Judges Chamber before Magistrate Judge Summer L. Speight. (jsau, )

Oct. 28, 2024

Oct. 28, 2024

PACER

Minute Entry for proceedings held before Magistrate Judge Summer L. Speight: Settlement Conference held on 10/28/2024. (smej, )

Oct. 28, 2024

Oct. 28, 2024

PACER

Minute Entry for proceedings held before Magistrate Judge Summer L. Speight: Follow-up Settlement Conference held on 11/1/2024. (smej, )

Nov. 1, 2024

Nov. 1, 2024

PACER
42

Joint MOTION to Stay Discovery and Class Certification Deadlines by Leslie Puryear. (Attachments: # 1 Proposed Order)(Allen, Michael) (Entered: 11/06/2024)

Nov. 6, 2024

Nov. 6, 2024

PACER
43

ORDER that the Court having been advised that the disputes in this action have been resolved, it is hereby ORDERED that DEFENDANTS' RULE12(b) (6) MOTION TO DISMISS (ECF No. 17 ) is denied as moot. It is so ORDERED. Signed by District Judge Robert E. Payne on 11/8/2024. (jenjones, ) (Entered: 11/08/2024)

Nov. 8, 2024

Nov. 8, 2024

Clearinghouse
44

ORDER that: The Joint Motion to Stay Discovery and Class Certification Deadlines (ECF No. 42 ) is granted and those deadlines are suspended until further order of the Court; and by December 16, 2024, the parties shall file a Motion for Preliminary Approval of Settlement; and a hearing on the Motion for Preliminary Approval of Settlement shall be held at 2:00 p.m. January 16, 2025. It is so ORDERED. Signed by District Judge Robert E. Payne on 11/8/2024. (jenjones, ) (Entered: 11/08/2024)

Nov. 8, 2024

Nov. 8, 2024

Clearinghouse

Set/Reset Deadlines as to Motion Hearing re: Motion for Preliminary Approval set for 1/16/2025 at 02:00 PM in Richmond Courtroom 7400 before District Judge Robert E. Payne. (jpow, )

Nov. 8, 2024

Nov. 8, 2024

PACER
45

Motion to appear Pro Hac Vice by Emahunn Raheem Ali Campbell and Certification of Local Counsel Michael Allen Filing fee $ 75, receipt number AVAEDC-9876502. by Leslie Puryear. (Allen, Michael) (Entered: 12/02/2024)

Dec. 2, 2024

Dec. 2, 2024

PACER
46

MOTION for Settlement Plaintiff's Unopposed Motion for Preliminary Approval of Proposed Class Action Settlement, Provisional Certification of Settlement Class, and Approval of Notice by Leslie Puryear. (Attachments: # 1 Exhibit Proposed Order for Notice and Hearing)(Allen, Michael) (Entered: 12/16/2024)

Dec. 16, 2024

Dec. 16, 2024

PACER
47

Memorandum in Support re 46 MOTION for Settlement Plaintiff's Unopposed Motion for Preliminary Approval of Proposed Class Action Settlement, Provisional Certification of Settlement Class, and Approval of Notice filed by Leslie Puryear. (Attachments: # 1 Exhibit 1 - Settlement Agreement and Exhibits, # 2 Exhibit 2 - Declaration of R. Livengood, # 3 Exhibit 3 - Declaration of R. Hyte, # 4 Exhibit 4 - Declaration of L. Puryear, # 5 Exhibit 5 - Carroll, et al. v. Walden University Transcript Excerpts)(Allen, Michael) (Entered: 12/16/2024)

Dec. 16, 2024

Dec. 16, 2024

PACER
48

Consent MOTION for Waiver of Local Counsel Appearance Requirement at Preliminary Approval Hearing by Leslie Puryear. (Attachments: # 1 Proposed Order)(Allen, Michael) (Entered: 12/18/2024)

Dec. 18, 2024

Dec. 18, 2024

PACER
50

ORDER - Having considered PLAINTIFF'S CONSENT MOTION FOR WAIVER OF LOCAL COUNSEL APPEARANCE REQUIREMENT (ECF No. 48 ), and there being no objection by the defendants, and for good cause shown, it is hereby ORDERED that PLAINTIFF'S CONSENT MOTION FOR WAIVER OF LOCAL COUNSEL APPEARANCE REQUIREMENT (ECF No. 48 ) is granted. Signed by District Judge Robert E. Payne on 1/14/25. (mful, ) (Entered: 01/14/2025)

Jan. 14, 2025

Jan. 14, 2025

PACER
51

ORDER granting 45 Motion for Emahunn Raheem Ali Campbell to appear Pro hac vice for Leslie Puryear. Signed by District Judge Robert E. Payne on 1/14/25. (mful, ) (Entered: 01/14/2025)

Jan. 14, 2025

Jan. 14, 2025

PACER
52

ORDER - At the request of the Court, the Hearing currently scheduled for Thursday, January 16, 2025, at 2:00 P.M., is hereby cancelled and CONTINUED to Tuesday, January 28, 2025, at 2:00 P.M. Signed by District Judge Robert E. Payne on 1/16/25. (mful, ) (Entered: 01/17/2025)

Jan. 17, 2025

Jan. 17, 2025

PACER

Reset Hearing: Motion for Preliminary Approval of Settlement Hearing set for 1/28/2025 at 02:00 PM in Richmond Courtroom 7400 before District Judge Robert E. Payne. (nbrow)

Jan. 17, 2025

Jan. 17, 2025

PACER
54

Minute Entry for proceedings held before District Judge Robert E. Payne: Motion Hearing held on 1/28/2025 re 46 Motion for Preliminary Approval of Proposed Class Action Settlement and Approval of Notice. Plaintiffs' counsel shall file papers re: legal basis for service award & submit revisions on settlement agreement & class notice w/ dates included in order as directed by Court (forward to law clerk via email) by close of business; plaintiffs' counsel to file petition for attorney fees; preliminary approval granted; Court finds settlement is fair, reasonable & adequate; matter continued to 5/19/2025 at 10:00 AM for final approval hearing (Court Reporter Melissa Custis, OCR.)(nbrow) (Entered: 01/28/2025)

Jan. 28, 2025

Jan. 28, 2025

PACER
55

NOTICE by Leslie Puryear Notice of Amended Documents (Attachments: # 1 Exhibit Amended Settlement Agreement, # 2 Exhibit Amended Class Action Notice, # 3 Proposed Order Amended Proposed Order)(Allen, Michael) (Entered: 01/28/2025)

Jan. 28, 2025

Jan. 28, 2025

PACER
56

ORDER GRANTING PRELIMINARY APPROVAL OF PROPOSED CLASS ACTION SETTLEMENT, PROVISIONAL CERTIFICATION OF CLASS, AND APPROVAL OF NOTICE - see order for details. Signed by District Judge Robert E. Payne on 1/29/25. (mful, ) (Entered: 01/29/2025)

Jan. 29, 2025

Jan. 29, 2025

Clearinghouse

Set Hearing: Fairness Hearing set for 5/19/2025 at 10:00 AM in Richmond Courtroom 7400 before District Judge Robert E. Payne. (nbrow)

Jan. 30, 2025

Jan. 30, 2025

PACER

Case Details

State / Territory: Virginia

Case Type(s):

Criminal Justice (Other)

Key Dates

Filing Date: June 28, 2024

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All individuals in custody of the Virginia Department of Corrections as of July 1, 2022, serving sentences for inchoate crimes associated with robbery or carjacking; who were released from VDOC custody on or before November 30, 2023; and who would have been released earlier if they had been awarded expanded earned sentence credits.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Relman, Dane & Colfax

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Virginia Department of Corrections (Richmond), State

Defendant Type(s):

Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

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

General/Misc.:

Conditions of confinement

Jails, Prisons, Detention Centers, and Other Institutions:

Over/Unlawful Detention (facilities)

Placement in detention facilities