Case: Roberts v. County of Mahoning

4:03-cv-02329 | U.S. District Court for the Northern District of Ohio

Filed Date: Nov. 14, 2003

Closed Date: May 17, 2010

Clearinghouse coding complete

Case Summary

On November 14, 2003 Ohio inmates filed this class action lawsuit pursuant to 42 U.S.C. § 1983, in the U.S. District Court for the Northern District Of Ohio, alleging that the conditions of confinement at the Mahoning County Justice Center ("Justice Center") and the Minimum Security Jail ("MSJ") violated their constitutional rights. The plaintiffs alleged that they were subjected severe overcrowding and corresponding deprivations. They sought equitable and declaratory relief.On March 5, 2004, …

On November 14, 2003 Ohio inmates filed this class action lawsuit pursuant to 42 U.S.C. § 1983, in the U.S. District Court for the Northern District Of Ohio, alleging that the conditions of confinement at the Mahoning County Justice Center ("Justice Center") and the Minimum Security Jail ("MSJ") violated their constitutional rights. The plaintiffs alleged that they were subjected severe overcrowding and corresponding deprivations. They sought equitable and declaratory relief.

On March 5, 2004, the District Court (Judge David D. Dowd Jr.) granted plaintiffs' motion for class certification. A bench trial was held on December 13-15, 2004. Following the trial, Judge Dowd issued his Memorandum, Opinion and Order, including Findings of Fact and Conclusions of Law. In a Summary Conclusion, the Court stated:

"The Court hereby declares that the plaintiff class has met its burden of proof with respect to its claims that class members (1) are being denied their constitutional rights not to be punished without due process of law and/or not to be subjected to cruel and unusual punishment, and (2) are being denied their constitutional right of access to the courts. As a result, the Court finds in favor of the plaintiff class and against the defendants."

The Court did not enter a final judgment and instead appointed Vincent Nathan to act as a Special Master pursuant to 18 U.S.C. § 3626(f)(1)(B) to assist the parties in a complex and lengthy remedial phase aimed at reaching a final resolution. The Special Master formed the Mahoning County Criminal Justice Working Group which, along with the Special Master, submitted reports and recommendations to the Court.

On June 8, 2006, Judge Dowd requested that Chief Judge Danny J. Boggs appoint a three-judge court for the purpose of considering whether there should be a prisoner release order to rectify the unconstitutional conditions which the Court found existed. The Chief Judge appointed Hon. Alice M. Batchelder, Hon. David D. Dowd Jr., and Hon. Dan Aaron Polster to act as the three-judge court.

By order dated August 2, 2006, the City of Youngstown was permitted to intervene as a matter of right to oppose the imposition of a prisoner release order.

The District Court appointed Special Master Nathan to serve as a court expert within the meaning of Fed.R.Evid. 706(a) for the express purpose of serving and filing an expert report collecting his findings relative to the question of whether crowding at the Jail is the cause of constitutional violations.

On May 17, 2007, the three-judge district court entered a consent decree, which addressed overpopulation problems, double celling, provision of bunk beds rather than mattresses on the floor for inmates, classification procedures, staffing issues, table space for inmates at mealtimes, access to legal aid, disciplinary procedures, facility maintenance issues, lockdowns, and recreation, as well as granted attorney fees to plaintiffs. The three-judge panel entered the decree; it included a population cap and was therefore beyond the authority of a single district judge. 2007 WL 1655505.

Before the decree's expiration date in 2010, the plaintiffs and the County moved to extend the decree in order to prevent the City from continuing to detain nonviolent misdemeanants and overcrowd the facilities. On May 18, 2010, the Court denied these motions, stating that there was no basis upon which to extend the decree, and finding that the defendants had taken all reasonable steps to comply - thus the decree ended on May 17, 2010. In June of 2010, the Court also denied plaintiffs' motion to hold the City in contempt after finding that the defendants had taken all reasonable steps to comply with the decree. 2010 WL 2598193. The case is now closed.

Summary Authors

Kristen Sagar (3/29/2009)

Maurice Youkanna (7/3/2014)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5648913/parties/roberts-v-county-of-mahoning-ohio-a-local-government-entity/


Judge(s)

Batchelder, Alice Moore (Ohio)

Dowd, David Dudley Jr. (Ohio)

Limbert, George J. (Ohio)

Polster, Dan A. (Ohio)

Attorneys(s) for Plaintiff

Armbruster, Robert (Ohio)

Kelley, Thomas (Ohio)

Attorneys(s) for Defendant

Downey, Daniel T. (Ohio)

Gains, Paul J. (Ohio)

Hackett, Sharon K. (Ohio)

Landes, Mark David (Ohio)

Judge(s)

Batchelder, Alice Moore (Ohio)

Dowd, David Dudley Jr. (Ohio)

Limbert, George J. (Ohio)

Polster, Dan A. (Ohio)

Attorneys(s) for Plaintiff

Armbruster, Robert (Ohio)

Kelley, Thomas (Ohio)

Attorneys(s) for Defendant

Downey, Daniel T. (Ohio)

Gains, Paul J. (Ohio)

Hackett, Sharon K. (Ohio)

Landes, Mark David (Ohio)

Michaels, Thomas N. (Ohio)

Stratford, Linette M. (Ohio)

Other Attorney(s)

Farris, Anthony J. (Ohio)

Guglucello, Iris Torres (Ohio)

Documents in the Clearinghouse

Document

4:03-cv-02329

Docket

Roberts v. Mahoning County, Ohio

Feb. 20, 2009

Feb. 20, 2009

Docket
1-1

4:03-cv-02329

Complaint Class Action

Roberts v. County of Mahoning, Ohio

Nov. 14, 2003

Nov. 14, 2003

Complaint
15-1

4:03-cv-02329

Motion for Class Certification

Roberts v. County of Mahoning, Ohio

Jan. 30, 2004

Jan. 30, 2004

Pleading / Motion / Brief
69-1

4:03-cv-02329

Plaintiff's Proposed Findings of Fact & Conclusions of Law

Roberts v. County of Mahoning, Ohio

Dec. 1, 2004

Dec. 1, 2004

Pleading / Motion / Brief
72-1

4:03-cv-02329

Defendants’ Proposed Findings of Fact and Conclusions of Law

Roberts v. County of Mahoning, Ohio

Dec. 10, 2004

Dec. 10, 2004

Pleading / Motion / Brief
73

4:03-cv-02329

Stipulation of the Parties

Roberts v. County of Mahoning, Ohio

Dec. 10, 2004

Dec. 10, 2004

Pleading / Motion / Brief
93

4:03-cv-02329

Memorandum Opinion (Including Findings of Fact and Conclusions of Law)

Roberts v. County of Mahoning, Ohio

March 10, 2005

March 10, 2005

Order/Opinion
95-1

4:03-cv-02329

Motion for an Injunction

Roberts v. County of Mahoning, Ohio

March 21, 2005

March 21, 2005

Pleading / Motion / Brief
104

4:03-cv-02329

Order (Resolving Doc. No. 95)

Roberts v. County of Mahoning, Ohio

March 25, 2005

March 25, 2005

Order/Opinion
107

4:03-cv-02329

Plaintiffs' Response to Defendant's Request for 3 Judge Panel

Roberts v. County of Mahoning, Ohio

March 28, 2005

March 28, 2005

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5648913/roberts-v-county-of-mahoning-ohio-a-local-government-entity/

Last updated Aug. 24, 2022, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

Complaint against County of Mahoning, Ohio, A Local Government Entity, Dave Ludt, Edward J. Reese, Vicki Allen Sherlock, Randall A. Wellington (5 summons and Magistrate Consent Forms issued). Filed by Joshua Baird, Maurice Barnes, Rodney Gray, Mike Hamad, James Joseph Mancini, Nathaniel Roberts, Leland Scott, Kevin Whitacker. Filing fee paid; receipt number 514597. (Attachments: # 1 Civil Cover Sheet)(P, A) (Entered: 11/17/2003)

Nov. 14, 2003

Nov. 14, 2003

193

Order referring the matter of determining a prisoner release order to a three-judge panel in accordance with 18 USC 3626(a)(3)(D) and 28 USC 2284, subject to selection of the panel by Sixth Circuit Chief Judge Danny Boggs. Signed by Judge David D. Dowd Jr. on 5/25/2006. (Attachments: # 1 Opinion and Dissent (Ohio 7th Dist.) # 2 05-23-06 Vindicator Article # 3 05-25-06 Vindicator Editorial # 4 05-05-06 Jail Population)(D, S)

1 Opinion and Dissent (Ohio 7th Dist.)

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2 05-23-06 Vindicator Article

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3 05-25-06 Vindicator Editorial

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4 05-05-06 Jail Population

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May 25, 2006

May 25, 2006

RECAP
2

Random Assignment of Magistrate Judge George J. Limbert (P, A) (Entered: 11/17/2003)

Nov. 14, 2003

Nov. 14, 2003

224

Order declaring that plaintiffs have the burden of proof under 18 USC 3626(a)(3)(E), but the court may require the intervenor to go first in the order of production; further appointing Vincent M. Nathan as the three-judge court's expert, with co mpensation at the same rate as for his Special Master duties; requiring that his expert report be served and filed by 11/30/06; disclosure of the identity of any party's expert required by 12/29/06, with these expert reports served and filed by 2/16/07; rebuttal reports due 3/9/07; depositions of all experts thereafter completed by 4/13/07; deposition transcripts filed by 4/27/07; a hearing on the question of a prisoner release order will be conducted before the three-judge court beginning on 5/16/07 and continuing through 5/17/07 (see order for additional directives). Signed by Judge David D. Dowd Jr. for the court on 9/7/06. (D, S) Modified on 9/8/2006 (D, S).

Sept. 7, 2006

Sept. 7, 2006

RECAP
251

Interim Stipulated Population Order. Signed by Judge Alice M. Batchelder, Judge David D. Dowd Jr. and Judge Dan Aaron Polster on 2/27/2007. (Attachments: # 1 Overcrowding Release Policy # 2 Agreement for Boarding of Prisoners # 3 RES 07-02-029 # 4 ORD-07-31) (Related Doc # 232 ). (D,S)

1 Overcrowding Release Policy

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2 Agreement for Boarding of Prisoners

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3 RES 07-02-029

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4 ORD-07-31

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Feb. 28, 2007

Feb. 28, 2007

RECAP
3

Notice of Placement of case in the CM/ECF Docketing System (P, A) (Entered: 11/17/2003)

Nov. 14, 2003

Nov. 14, 2003

4

Notice of Magistrate Consent form (M, D) (Entered: 11/24/2003)

Nov. 24, 2003

Nov. 24, 2003

268

Order terminating the services of Vincent M. Nathan as Special Master and as Court Expert (Related Doc. # 108 , 224 ). Signed by Judge David D. Dowd Jr. on 6/1/2007. (D,S)

June 4, 2007

June 4, 2007

RECAP
5

Case Management Conference Scheduling Order placing case in electronic case filing system with case management conference to be held on 12/16/2003 at 02:30 PM at Chambers 402. Signed by Judge David D. Dowd Jr. on 11/24/2003. (Attachments: # 1 E−Mail Notification# 2 Discovery Plan# 3 Rule 30.1# 4 Manual# 5 Map)(M, D) (Entered: 11/24/2003)

Nov. 24, 2003

Nov. 24, 2003

6

Return of Service Executed upon Vicki Allen Sherlock, Edward J. Reese, Dave Ludt, Mahoning County, Ohio and Randall A. Wellington by certified mail on 11/17/03, filed by all plaintiffs Related document(s) 1 . (P, G) (Entered: 12/01/2003)

Dec. 1, 2003

Dec. 1, 2003

7

Answer to Complaint (Related Doc # 1 ) filed by County of Mahoning, Ohio, A Local Government Entity, Dave Ludt, Edward J. Reese, Vicki Allen Sherlock, Randall A. Wellington. (Michaels, Thomas) (Entered: 12/08/2003)

Dec. 8, 2003

Dec. 8, 2003

8

Certification of Service of Initial Disclosures on 12/2/03, filed by all plaintiffs. (P, G) (Entered: 12/09/2003)

Dec. 8, 2003

Dec. 8, 2003

9

Notice of Service of Initial Disclosures filed by all defendants. (Michaels, Thomas) (Entered: 12/12/2003)

Dec. 12, 2003

Dec. 12, 2003

10

Report of Parties' Planning Meeting/Discovery Plan, filed by all parties. (P, G) (Entered: 12/12/2003)

Dec. 12, 2003

Dec. 12, 2003

11

Minutes of proceedings. Case Management Conference held on 12/16/2003 before Judge David D. Dowd Jr. Time: 1 hour. (M, D) (Entered: 12/17/2003)

Dec. 17, 2003

Dec. 17, 2003

12

Order that by January 12, 2004, the Sheriff of Mahoning County is directed to provide plaintiffs' counsel with (1) a statement of staffing requirements for the jail; and (2) a statistical breakdown of actual daily staffing and daily inmate populations over the last six months. Thereafter, counsel shall use the remainder of January 2004 to attempt to draft a consent decree for the Court'ssignature. Plaintiffs shall file their motion for class certification by January 31, 2004; in the alternative, the parties can submit for the Court's signature a stipulated order of class certification. Discovery is stayed until 1/31/2004. If a consent decree has not been drafted, discovery will open and the Court will issue a Case Management Plan setting more specific dates. Signed by Judge David D. Dowd Jr. on 12/17/2003. (M, D) Modified Text on 12/18/2003 (M, D). Modified on 12/19/2003 (S, T). (Entered: 12/18/2003)

Dec. 18, 2003

Dec. 18, 2003

13

Attorney Appearance of Additional Counsel by Daniel T. Downey and Mark Landes filed by on behalf of all defendants. (Downey, Daniel) (Entered: 01/29/2004)

Jan. 29, 2004

Jan. 29, 2004

14

Attorney Appearance of Additional Counsel by Mark D. Landes and Daniel T. Downey filed by on behalf of all defendants. (Landes, Mark)(Duplicate filing see document # 13 )(P, G). (Entered: 01/29/2004)

Jan. 29, 2004

Jan. 29, 2004

15

Motion for class certification filed by all plaintiffs. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit E) Exhibit D complete document on file in the Clerk's Office consisting of 16 pages, not able to scan.(P, G) (Entered: 01/30/2004)

Jan. 30, 2004

Jan. 30, 2004

17

Response to Motion for class certification with memorandum in support, filed by all defendants. Related document(s) 15 . (Landes, Mark) Modified text on 2/10/2004 (P, G). (Entered: 02/09/2004)

Feb. 9, 2004

Feb. 9, 2004

18

Order scheduling a telephone status conference for 3:15 p.m. on Thursday, 2/12/2004 to briefly discuss 15 Motion for class certification filed by the plaintiffs and 17 Response filed by the defendants; the Court will place the call. Signed by Judge David D. Dowd Jr. on 2/11/2004. (D, S) (Entered: 02/11/2004)

Feb. 11, 2004

Feb. 11, 2004

19

Minutes of proceedings. Status Conference before Judge David D. Dowd Jr. on 2/12/2004. Time: 1 hour. (M, D) (Entered: 02/13/2004)

Feb. 13, 2004

Feb. 13, 2004

20

Order that the Court directs counsel for the plaintiffs to submit a proposed order by no later than February 20, 2004. This should be delivered directly to the Court's chambers and not filed electronically. Defendants shall have until February 27, 2004 to file any response to the proposal and should be delivered to the Court's chambers and served on plaintiff's counsel simultaneously. Signed by Judge David D. Dowd Jr. on 2/13/2004. (M, D) (Entered: 02/17/2004)

Feb. 17, 2004

Feb. 17, 2004

21

Notice to take Deposition of Plaintiffs Nathaniel Roberts, James Joseph Mancini, Joshua Baird, Kevin Whitacker and Mike Hamad on February 27, 2004 filed by all defendants. (Downey, Daniel) (Entered: 02/24/2004)

Feb. 24, 2004

Feb. 24, 2004

22

Response to Motion for class certification filed by all defendants. Related document(s) 15 , 20 ). (Landes, Mark) Modified on 3/1/2004 to create link (P, G). (Entered: 02/27/2004)

Feb. 27, 2004

Feb. 27, 2004

23

Notice to take Deposition of Plaintiffs Leland Scott, Joshua Baird, Maurice Barnes, Rodney Gray, and Mike Hamad on March 9, 2004 filed by all defendants. (Downey, Daniel) (Entered: 03/04/2004)

March 4, 2004

March 4, 2004

24

Order granting motion for class certification (Related Doc # 15 ) and certifying a class as defined in the order; further, defining the claims of the class, appointing counsel to represent the class, and requiring notice to the class (SEE ORDER FOR SPECIFICS). Signed by Judge David D. Dowd Jr. on 3/5/2004. (Attachments: # 1 Notice to Inmates)(D, S) (Entered: 03/05/2004)

March 5, 2004

March 5, 2004

25

Notice of Service of first set of interrogatories and first request for production of documents upon defendants, filed by all plaintiffs. (M, J) (Entered: 03/25/2004)

March 25, 2004

March 25, 2004

26

Notice of Service of Discovery Responses to plaintiffs' First Set of Interrogatories and First Request for Production of Documents on 4/28/2004 filed by County of Mahoning, Ohio, A Local Government Entity, Dave Ludt, Edward J. Reese, Vicki Allen Sherlock, Randall A. Wellington. (Downey, Daniel) Modified text on 4/29/2004 (S, T). (Entered: 04/28/2004)

April 28, 2004

April 28, 2004

Minutes of proceedings(non−document). Status Conference held on 5/11/2004 before Judge David D. Dowd Jr. Time: 60 Minutes (Court Reporter none) (M, D) (Entered: 05/11/2004)

May 11, 2004

May 11, 2004

27

Order directing parties to identify their expert(s) to opposing counsel by no later than June 18, 2004. Expert reports shall be exchanged by no later than July 9, 2004. Depositions of experts shall commence and shall be completed by August 31, 2004. By September 3, 2004, each side shall declare in writing to the Court, copied to opposing counsel, whether they intend to file for summary judgment and, if so, what time frame they would suggest for motions practice. Signed by Judge David D. Dowd Jr. on 5/11/2004. (M, D) (Entered: 05/11/2004)

May 11, 2004

May 11, 2004

28

Notice of hours counsel have expended on this case through 5/31/2004, filed by all plaintiffs. (M, J) (Entered: 06/01/2004)

June 1, 2004

June 1, 2004

30

Motion to determine qualifications of expert and notice filed by all plaintiffs. (Attachments: #(1)Resume)(S, T) (Entered: 06/18/2004)

June 18, 2004

June 18, 2004

31

Order denying plaintiffs' Motion for an order qualifying their proposed expert, finding that such an order would be an advisory opinion outside the court's gatekeeping function (Related Doc # 30 ). Signed by Judge David D. Dowd Jr. on 6/21/04.(D, S) (Entered: 06/21/2004)

June 21, 2004

June 21, 2004

32

Motion for extension of time until 9/7/2004 to submit expert report of Lois A. Ventura, filed by all plaintiffs. (Attachments: # 1 Brief in Support)(M, J) (Entered: 06/21/2004)

June 21, 2004

June 21, 2004

33

Order granting plaintiff's Motion for extension of time (Related Doc # 32 ), with the understanding that this means there will be no chance that the case will get to trial this year; expert reports are now due on 9/7/04; expert depositions shall be completed by 10/29/04; the Court will conduct a status conference at 12:30 p.m. on 12/7/04 to decide how to proceed with the case. Signed by Judge David D. Dowd Jr. on 6/22/04.(D, S) Modified on 6/23/2004 to correct signature date (D, S). (Entered: 06/23/2004)

June 23, 2004

June 23, 2004

34

Motion for sanctions and Motion for discovery, filed by all plaintiffs. (Attachments: # 1 Brief in Support)(M, J) (Entered: 08/02/2004)

Aug. 2, 2004

Aug. 2, 2004

35

Order in re Electronic Filing requesting Plaintiff's counsel to file documents electronically rather than on paper. Signed by Judge David D. Dowd Jr. on 8/3/2004. (Attachments: # 1 Manual)(M, D) (Entered: 08/03/2004)

Aug. 3, 2004

Aug. 3, 2004

36

Order directing Defendants to respond no later than 12:00 noon on 8/16/2004 re 34 Plaintiffs' Motion for sanctions. Status Conference set for 8/19/2004 at 12:30 p.m. in Chambers 402 before Hon. David D. Dowd Jr. Counsel to attend as well as Marshal Peter Elliott or his designee. Copy of order issued to U.S. Marshal. Signed by Judge David D. Dowd Jr. on 8/3/2004. (M, D) (Entered: 08/03/2004)

Aug. 3, 2004

Aug. 3, 2004

37

Opposition to Motion for Sanctions and For Discovery filed by all defendants. Related document(s) 34 . (Attachments: # 1 Valentine Sugars, Inc. v. Sudan)(Downey, Daniel) Modified on 8/18/2004 (R, Ci). (Entered: 08/16/2004)

Aug. 16, 2004

Aug. 16, 2004

38

Motion for protective order filed by all defendants. (Attachments: # 1 Exhibit Affidavit of Daniel T. Downey# 2 Exhibit Affidavit of Scott O. Sheets# 3 Valentine Sugars, Inc. v. Sudan)(Downey, Daniel) (Entered: 08/16/2004)

Aug. 16, 2004

Aug. 16, 2004

Minutes of proceedings(non−document). Status Conference held on 8/19/2004 before Judge David D. Dowd Jr. Time: 30 Minutes. (Court Reporter none) (M, D) (Entered: 08/19/2004)

Aug. 19, 2004

Aug. 19, 2004

39

Order granting plaintiffs' Motion for an unimpeded inspection of the relevant facilities with their expert witness (Related Doc # 34 ), denying Motion for sanctions but with leave to renew the motion if the inspection does not proceed as will later be ordered (Related Doc # 34 ); granting in part and denying in part defendants' Motion for protective order (Related Doc # 38 ); further, directing the parties to file by 8/27/04 a jointly−proposed order outlining the protocol for the plaintiffs' jail inspection; and setting 9/10/04 and 11/19/04 as deadlines for plaintiffs to identify witnesses and 10/1/04 as the deadline for the exchange of expert reports; see order for additional deadlines and specifics. Signed by Judge David D. Dowd Jr. on 8/19/04.(D, S) (Entered: 08/19/2004)

Aug. 19, 2004

Aug. 19, 2004

40

Trial Order scheduling Bench Trial on a standby basis for the two−week period beginning 12/13/2004 at 08:30 AM in Courtroom 442 before Hon. David D. Dowd Jr. Final Joint Fact Stipulation due 12/6/04. Trial will be on the clock with each side having 600 minutes to put on its case; see order for specifics. Signed by Judge David D. Dowd Jr. on 8/19/04. (D, S) (Entered: 08/19/2004)

Aug. 19, 2004

Aug. 19, 2004

41

Proposed Agreed Entry re plaintiffs' experts tour of jail filed by all defendants. Related document(s) 39 . (Downey, Daniel) Modified on 8/25/2004 (R, Ci). (Entered: 08/23/2004)

Aug. 23, 2004

Aug. 23, 2004

43

Order directing plaintiffs to file by 9/3/2004, a written notice as to the date and time agreed upon by counsel and by the U.S. Marshal for the jail inspection. Signed by Judge David D. Dowd Jr. on 8/24/2004. (M, D) (Entered: 08/24/2004)

Aug. 24, 2004

Aug. 24, 2004

44

FILING ERROR (formatting pdf documents.) Document to be re−filed. Notice of Filing Hours filed by all plaintiffs. (Attachments: # 1 Pleading # 2 Pleading) (Kelley, Thomas) Modified text on 9/1/2004 (P, S). (Entered: 09/01/2004)

Sept. 1, 2004

Sept. 1, 2004

45

Notice of Filing Hours filed by all plaintiffs. (Attachments: # 1 Hours worksheet) (Kelley, Thomas) (Entered: 09/01/2004)

Sept. 1, 2004

Sept. 1, 2004

46

Notice: upon agreement of the all parties, jail inspection to occur on 9/3/04 filed by all plaintiffs. (Kelley, Thomas) Modified on 9/3/2004 (R, Ci). (Entered: 09/02/2004)

Sept. 2, 2004

Sept. 2, 2004

47

Notice that list of witnesses have been provided to defendants filed by all plaintiffs. (Kelley, Thomas) Modified on 9/13/2004 (N, D). (Entered: 09/10/2004)

Sept. 10, 2004

Sept. 10, 2004

48

Notice of Service of Expert Report filed by all defendants. (Downey, Daniel) (Entered: 10/01/2004)

Oct. 1, 2004

Oct. 1, 2004

49

Notice of Service of Discovery Responses filed by all defendants. (Downey, Daniel) (Entered: 10/19/2004)

Oct. 19, 2004

Oct. 19, 2004

50

Notice to take Deposition of Lois Ventura, Ph.D. on October 26, 2004 filed by all defendants. (Downey, Daniel) (Entered: 10/25/2004)

Oct. 25, 2004

Oct. 25, 2004

51

Motion for conference/hearing filed by all plaintiffs. (Kelley, Thomas) (Entered: 11/10/2004)

Nov. 10, 2004

Nov. 10, 2004

52

Order granting Motion for conference (Related Doc # 51 ). Status Conference set for 11/23/2004 at 2:30 p.m. in Chambers 402 before Hon. David D. Dowd Jr. Signed by Judge David D. Dowd Jr. on 11/15/2004.(M, D) (Entered: 11/15/2004)

Nov. 15, 2004

Nov. 15, 2004

53

Letter dated 11/15/2004 to Peter J. Elliott from Judge Dowd in re status conference set for 11/23/2004. (M, D) (Entered: 11/15/2004)

Nov. 15, 2004

Nov. 15, 2004

54

Motion to continue trial scheduled 12/13/04 filed by all defendants. Related document(s) 51 . (Downey, Daniel) Modified on 11/24/2004 to edit text (B, T). (Entered: 11/19/2004)

Nov. 19, 2004

Nov. 19, 2004

Minutes of proceedings (non−document). Status Conference held on 11/23/2004 before Judge David D. Dowd Jr. Time: 1 hour. (Court Reporter Rich Delmonico) (M, D) (Entered: 11/23/2004)

Nov. 23, 2004

Nov. 23, 2004

55

Order denying defendants' Motion to continue trial(Related Doc # 54 ). Signed by Judge David D. Dowd Jr. on 11/23/2004.(M, D) (Entered: 11/23/2004)

Nov. 23, 2004

Nov. 23, 2004

56

Order canceling status conference previously set for 12/7/2004 (Related Doc # 33 ). Signed by Judge David D. Dowd Jr. on 12/1/2004. (D, S) (Entered: 12/01/2004)

Dec. 1, 2004

Dec. 1, 2004

57

Motion for writ of habeas corpus ad testifcandum as to Joshua Baird filed by all plaintiffs. (Kelley, Thomas) Modified on 12/3/2004 (R, Ci). (Entered: 12/02/2004)

Dec. 2, 2004

Dec. 2, 2004

58

Motion for writ of habeas corpus ad testifcandum as to class members Brian Baxter, Michelle Burton and Jeffery Hammond filed by all plaintiffs. (Kelley, Thomas) Modified on 12/3/2004 (R, Ci). (Entered: 12/02/2004)

Dec. 2, 2004

Dec. 2, 2004

59

Notice of hours expended thus far on case filed by all plaintiffs. (Attachments: # 1) (Kelley, Thomas) Modified on 12/3/2004 (R, Ci). (Entered: 12/02/2004)

Dec. 2, 2004

Dec. 2, 2004

60

Trial Brief filed by all plaintiffs. (Kelley, Thomas) (document unsigned, filer notified) Modified on 12/8/2004 (R, Ci). (Entered: 12/06/2004)

Dec. 6, 2004

Dec. 6, 2004

61

Motion for of Defendants to Exclude Lois A. Ventura as an Expert Witness filed by County of Mahoning, Ohio, A Local Government Entity. (Downey, Daniel) Modified on 3/10/2005 to term the motion (D, S). (Entered: 12/06/2004)

Dec. 6, 2004

Dec. 6, 2004

63

Notice of Filing Deposition Transcripts of Dr. Lois A. Ventura PhD filed by County of Mahoning, Ohio, A Local Government Entity. (Downey, Daniel) Modified on 12/8/2004 (R, Ci). (Entered: 12/06/2004)

Dec. 6, 2004

Dec. 6, 2004

Order (non−document) granting Defendants' Motion for writ of habeas corpus ad testificandum as to Joshua Baird(Related Doc # 57 ), and granting Defendants' Motion for writ of habeas corpus ad testificandum as to Brian Baxter, Michelle Burton and Jeffery Hammond(Related Doc # 58 ). Entered on behalf of Judge David D. Dowd Jr. on 12/7/2004.(M, D) (Entered: 12/07/2004)

Dec. 7, 2004

Dec. 7, 2004

64

Writ of Testificandum of Joshua Baird in custody at Madison Correctional Institution to testify on 12/14/2004 at trial before Judge Dowd. (M, D) Original and 3 certified copies mailed to Madison Correctional Institution and Copy to U.S. Marshal on 12/7/2004. Modified text on 12/7/2004 (M, D). (Entered: 12/07/2004)

Dec. 7, 2004

Dec. 7, 2004

65

Writ of Testificandum of Brian Baxter in custody at Mahoning County Jail to testify on 12/14/2004 at trial before Judge Dowd. (M, D) Original and 3 certified copies mailed to Mahoning County Jail and Copy to U.S. Marshal on 12/7/2004. Modified text on 12/7/2004 (M, D). (Entered: 12/07/2004)

Dec. 7, 2004

Dec. 7, 2004

66

Writ of Testificandum of Michelle Brown in custody at Mahoning County Jail to testify on 12/14/2004 at trial before Judge Dowd. (M,D) Original and 3 certified copies mailed to Mahoning County Jail and Copy to U.S. Marshal on 12/7/2004. Modified text on 12/7/2004 (M, D). Modified on 12/8/2004 to indicate document filed in error−(see correct document #68)(M, D). (Entered: 12/07/2004)

Dec. 7, 2004

Dec. 7, 2004

67

Writ of Testificandum of Jeffrey Hammond in custody at Mahoning County Jail to testify on 12/14/2004 at trial before Judge Dowd. Original and 3 certified copies mailed to Mahoning County Jail and Copy to U.S. Marshal on 12/7/2004. (M, D) (Entered: 12/07/2004)

Dec. 7, 2004

Dec. 7, 2004

68

Writ of Testificandum of Michelle Burton in custody at Mahoning County Jail to testify on 12/14/2004 at trial before Judge Dowd. Original and 3 certified copies mailed to Mahoning County Jail and Copy to U.S. Marshal on 12/8/2004. (M, D) (Entered: 12/08/2004)

Dec. 8, 2004

Dec. 8, 2004

69

Proposed Findings of Fact and Conclusions of Law filed by all plaintiffs. (Attachments: # 1 Staffing Summary by Post/Assignment)(D, S) (Entered: 12/10/2004)

Dec. 10, 2004

Dec. 10, 2004

70

Statement of Contested Issues filed by all plaintiffs. (D, S) (Entered: 12/10/2004)

Dec. 10, 2004

Dec. 10, 2004

71

Notice of Filing Deposition Transcripts filed by County of Mahoning, Ohio, A Local Government Entity, Dave Ludt, Edward J. Reese, Vicki Allen Sherlock, Randall A. Wellington. (Attachments: # 1 Deposition of Kevin Whittaker# 2 Whittaker Deposition (continued)# 3 Deposition of Joshua Baird# 4 Baird Deposition (continued)# 5 Deposition of Leland Scott# 6 Scott Deposition (continued)# 7 Deposition of James Mancini# 8 Mancini Depo (continued)# 9 Mancini Depo (continued)# 10 Deposition of Dorothy Guzzy# 11 Deposition of Robert Knight# 12 Deposition of Michelle Burton# 13 Deposition of Patricia Patterson# 14 Patterson Depo (continued)# 15 Patterson Depo (continued)# 16 Deposition of Brian D. Baxter# 17 Baxter Depo (continued)# 18 Deposition of Jeffrey Hammond# 19 Deposition of Pamela Miles# 20 Deposition of James Johnson, Jr.# 21 Deposition of Lois Ventura, Ph.D.# 22 Ventura Depo (Continued)# 23 Ventura Depo (Continued)# 24 Ventura Depo (Continued)# 25 Ventura Depo (Continued)) (Downey, Daniel) (Entered: 12/10/2004)

Dec. 10, 2004

Dec. 10, 2004

72

Proposed Findings of Fact and Conclusions of Law filed by all defendants. (Attachments: # 1 Unreported Case)(Downey, Daniel) (Entered: 12/10/2004)

Dec. 10, 2004

Dec. 10, 2004

73

Proposed Stipulation of the Parties filed by all parties. (Downey, Daniel) (Entered: 12/10/2004)

Dec. 10, 2004

Dec. 10, 2004

74

Writ of Testificandum Returned Un−executed as to Michelle Brown. Related document(s) 66 . (S, T) (Entered: 12/14/2004)

Dec. 10, 2004

Dec. 10, 2004

75

Order designating trial time used and remaining. Signed by Judge David D. Dowd Jr. on 12/14/2004. (D, S) (Entered: 12/14/2004)

Dec. 14, 2004

Dec. 14, 2004

Minutes of proceedings(non−document). Bench Trial before Judge David D. Dowd Jr. held on 12/14/2004 and continued to 12/15/2004 at 8:45 a.m. Time: 5.0 Hours (Court Reporter Sue Trischan) (M, D) (Entered: 12/14/2004)

Dec. 14, 2004

Dec. 14, 2004

77

Order (second) designating trial time used and remaining. Signed by Judge David D. Dowd Jr. on 12/15/2004. (D, S) (Entered: 12/15/2004)

Dec. 15, 2004

Dec. 15, 2004

Minutes of proceedings(non−document). Bench Trial completed on 12/15/2004 before Judge David D. Dowd Jr. Time: 7.0 Hours. (Court Reporter Sue Trischan) (M, D) (Entered: 12/15/2004)

Dec. 15, 2004

Dec. 15, 2004

79

Exhibit List of plaintiffs exhibits admitted at trial. (M, D) Modified filing date on 12/16/2004 (M, D). (Entered: 12/16/2004)

Dec. 15, 2004

Dec. 15, 2004

80

Exhibit List of defendants exhibits admitted at trial. (M, D) (Entered: 12/16/2004)

Dec. 15, 2004

Dec. 15, 2004

78

Order directing counsel for the defendants to submit by January 7, 2005 a current report on the status of funding for the Sheriff's Department. The Court will delay any post−trial briefing until after that report is received and considered. Signed by Judge David D. Dowd Jr. on 12/15/2004. (M, D) (Entered: 12/16/2004)

Dec. 16, 2004

Dec. 16, 2004

81

Status Report Regarding Funding of the Mahoning County Sheriff's Department for 2005 filed by all defendants. (Attachments: # 1 Exhibit Exhibit A)Related document(s) 78 . (Downey, Daniel) (Entered: 01/07/2005)

Jan. 7, 2005

Jan. 7, 2005

82

Response to defendants filing regarding funding filed by all plaintiffs. Related document(s) 81 . (Kelley, Thomas) Modified on 1/12/2005 (G, D). (Entered: 01/11/2005)

Jan. 11, 2005

Jan. 11, 2005

83

Order that the financial status reports 81 , 82 leave unclear whether there will be increased funding for the jail; unless the parties can submit a consent decree by 1/31/05, they shall file post−trial briefs by 2/14/05 (see order for details as to the briefs). Signed by Judge David D. Dowd Jr. on 1/14/05. (D, S) (Entered: 01/14/2005)

Jan. 14, 2005

Jan. 14, 2005

84

Request for instructions filed by all plaintiffs. (Kelley, Thomas) Modified on 1/27/2005 (R, Ci). (Entered: 01/26/2005)

Jan. 26, 2005

Jan. 26, 2005

85

Order re 84 Request for Instructions filed by plaintiff class counsel, that the court reporter is directed to forthwith file a transcript of the bench trial conducted in December 2004 and to supply a copy of the transcript to counsel for both sides; the court will decide who will pay the cost of these transcripts after the case concludes. Signed by Judge David D. Dowd Jr. on 1/27/05. (D, S) (Entered: 01/27/2005)

Jan. 27, 2005

Jan. 27, 2005

86

Request for extension of time to 2/21/05 to file post trial briefs filed by all plaintiffs. (Kelley, Thomas) Modified on 2/4/2005 (R, Ci). (Entered: 02/03/2005)

Feb. 3, 2005

Feb. 3, 2005

Order (non−document) re 86 request for extension filed by plaintiffs, granting until 2/21/05 to file post−trial briefs. Entered on behalf of Judge David D. Dowd Jr. on 2/4/05. (D, S) (Entered: 02/04/2005)

Feb. 4, 2005

Feb. 4, 2005

87

Transcript of Trial Proceedings held on 12/13/04 before Judge David D. Dowd, Jr. filed manually. To obtain a bound copy of this transcript please contact Court Reporter Susan K. Trischan at 440−570−6950. Complete document on file, 289 pages. (Volume 1) (L, T) (Entered: 02/10/2005)

Feb. 10, 2005

Feb. 10, 2005

88

Transcript of Trial Proceedings held on 12/14/04 before Judge David D. Dowd, Jr. filed manually. To obtain a bound copy of this transcript please contact Court Reporter Susan K. Trischan at 440−570−6950. Complete document on file, 235 pages. (Volume 2) (L, T) (Entered: 02/11/2005)

Feb. 11, 2005

Feb. 11, 2005

89

Transcript of Trial Proceedings held on 12/15/04 before Judge David D. Dowd, Jr. filed manually. To obtain a bound copy of this transcript please contact Court Reporter Susan Trischan at 440−570−6950. Complete document on file, 260 pages. (Volume 3)

Feb. 11, 2005

Feb. 11, 2005

91

Post Trial Brief filed by all plaintiffs. (Kelley, Thomas) Modified text on 2/24/2005 (G, D). (Entered: 02/22/2005)

Feb. 22, 2005

Feb. 22, 2005

92

Revised Status Report Regarding Funding of the Mahoning County Sheriff's Department for 2005 filed by all defendants. (Attachments: # 1 Exhibit A# 2 Exhibit B) (Downey, Daniel) Modified on 3/3/2005 (R, Ci). (Entered: 03/02/2005)

March 2, 2005

March 2, 2005

93

Memorandum, Opinion and Order, including Findings of Fact and Conclusions of Law, finding in favor of the plaintiff class and against the defendants and declaring that the plaintiff class members are being denied their constitutional rights as set forth fully in the opinion; further, entitling the plaintiff class to recover attorney fees and costs from the defendants; finally, pursuant to 18 USC 3626(a), finding the remedial phase sufficiently complex to warrant appointment of a special master and directing each side, through counsel, to submit by 4:00 pm on 3/21/05 that side's list of not more than 5 persons to serve as special master (see opinion for more detail); time for filing for removal of names pursuant to 18 USC 3626(f)(2)(B) shall expire by 4:00 pm on 3/28/05. Signed by Judge David D. Dowd Jr. on 3/10/05. (D, S) (Entered: 03/10/2005)

March 10, 2005

March 10, 2005

94

Notice filing of plaintiffs attorney hours and expenses filed by all plaintiffs. (Attachments: # 1 # 2 # 3 # 4 # 5) (Kelley, Thomas) (Entered: 03/18/2005)

March 18, 2005

March 18, 2005

95

Motion for an injunction filed by all plaintiffs. Related document(s) 93 . (Attachments: # 1 Affidavit)(P, G) (Entered: 03/21/2005)

March 21, 2005

March 21, 2005

Case Details

State / Territory: Ohio

Case Type(s):

Jail Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Nov. 14, 2003

Closing Date: May 17, 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All present and future inmates of the Mahoning County Jail and all persons committed to the custody of the Sheriff of the Mahoning County Jail.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Mahoning County Jail (Mahoning), County

Defendant Type(s):

Jurisdiction-wide

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2007 - 2010

Content of Injunction:

Hire

Implement complaint/dispute resolution process

Issues

General:

Access to lawyers or judicial system

Bathing and hygiene

Conditions of confinement

Failure to train

Recreation / Exercise

Religious programs / policies

Sanitation / living conditions

Staff (number, training, qualifications, wages)

Totality of conditions

Visiting

Crowding:

Crowding / caseload

Post-PLRA Population Cap

Affected Gender:

Female

Male

Type of Facility:

Government-run