Case: Garnes v. District of Columbia

1:97-cv-00240 | U.S. District Court for the District of Columbia

Filed Date: Feb. 4, 1997

Clearinghouse coding complete

Case Summary

On February 4, 1997, disabled prisoners of the District of Columbia filed a class action lawsuit under the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101, and the Rehabilitation Act (RA), 29 U.S.C. § 701, against the District of Columbia in the U.S. District Court for the District of Columbia. The plaintiffs, represented by the D.C. Prisoners' Legal Services Project, Open Society Institute and Public Justice Center, asked the court for declaratory and injunctive relief, alleging that…

On February 4, 1997, disabled prisoners of the District of Columbia filed a class action lawsuit under the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101, and the Rehabilitation Act (RA), 29 U.S.C. § 701, against the District of Columbia in the U.S. District Court for the District of Columbia. The plaintiffs, represented by the D.C. Prisoners' Legal Services Project, Open Society Institute and Public Justice Center, asked the court for declaratory and injunctive relief, alleging that their constitutional rights had been violated by the denial of access to educational programs, religious programs, rehabilitation, and visitation.

On August 23, 1997, the parties entered into a settlement agreement, which provided for a change in the policies and practices of the facilities regarding disabled prisoners, renovation of the facilities, and relocation of programs to places that were more accessible to wheelchairs. On August 29, 1997, the district court (Judge Paul L. Friedman) granted preliminary approval to the settlement. On March 17, 1998, the district court (Judge Friedman) granted final approval to the settlement agreement and entered it in court as a consent decree.

On May 26, 1998, the district court (Judge Friedman) granted the plaintiffs attorneys fees and costs in the amount of $61,000. On December 23, 1998, the court granted the plaintiffs another $5,875.50 in attorneys fees. This is where our docket, which is accurate as of 06/16/2005, ends. We have no further information on the proceedings in this case.

Summary Authors

Kristen Sagar (9/25/2006)

People


Judge(s)

Friedman, Paul L. (District of Columbia)

Attorneys(s) for Plaintiff

Hall, Aurie Talbor (Maryland)

Smith, Jonathan Mark (District of Columbia)

Attorneys(s) for Defendant

Amato, Maria-Claudia T. (District of Columbia)

Earle, William J. (District of Columbia)

Robinson, Jo Anne (District of Columbia)

Zielinski, Michael Edward (District of Columbia)

Judge(s)

Friedman, Paul L. (District of Columbia)

Attorneys(s) for Plaintiff

Hall, Aurie Talbor (Maryland)

Smith, Jonathan Mark (District of Columbia)

Attorneys(s) for Defendant

Amato, Maria-Claudia T. (District of Columbia)

Earle, William J. (District of Columbia)

Robinson, Jo Anne (District of Columbia)

Zielinski, Michael Edward (District of Columbia)

Documents in the Clearinghouse

Document

1:97-cv-00240

Docket (PACER)

Dec. 23, 1998

Dec. 23, 1998

Docket
1

1:97-cv-00240

Class Action Complaint For Declaratory and Injunctive Relief

Feb. 4, 1997

Feb. 4, 1997

Complaint
22

1:97-cv-00240

Stipulation of Settlement and Order

Sept. 29, 1997

Sept. 29, 1997

Order/Opinion
29

1:97-cv-00240

Order

March 17, 1998

March 17, 1998

Order/Opinion

Resources

Docket

Last updated July 22, 2022, 3:03 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by plaintiffs KEVIN GARNES, MICHAEL PENNY, FREDDIE DAVIS, and JAMES WITHERSPOON (bm) (Entered: 02/05/1997)

Feb. 4, 1997

Feb. 4, 1997

SUMMONS (2) issued for defendant DC (bm) (Entered: 02/05/1997)

Feb. 4, 1997

Feb. 4, 1997

2

NOTICE OF FILING by plaintiffs KEVIN GARNES, MICHAEL PENNY, FREDDIE DAVIS, JAMES WITHERSPOON re: letter sent to Charles Ruff, Corporation Counsel; attachment (1) (blj) (Entered: 02/06/1997)

Feb. 5, 1997

Feb. 5, 1997

3

MOTION (CONSENT) filed by defendant DC to extend time to 3/28/97 to answer complaint [1-1] (blj) Modified on 03/04/1997 (Entered: 03/04/1997)

March 3, 1997

March 3, 1997

4

ORDER by Judge Paul L. Friedman : granting motion to extend time to 3/28/97 to answer complaint [1-1] [3-1] by DC (N) (bm) (Entered: 03/05/1997)

March 5, 1997

March 5, 1997

5

MOTION filed by defendant DC to extend time to 4/10/97 to respond to complaint [1-1] (blj) (Entered: 03/28/1997)

March 27, 1997

March 27, 1997

6

ORDER by Judge Paul L. Friedman : granting motion to extend time to 4/10/97 to respond to complaint [1-1] [5-1] by DC ; Answer extended to 4/10/97 for DC (N) (ks) (Entered: 03/31/1997)

March 31, 1997

March 31, 1997

8

ORDER by Judge Paul L. Friedman : granting motion to extend time to 5/12/97 to answer complaint [1-1] [7-1] by DC; Meet and Confer hearing set for 9:15 5/30/97; Meet Confer Statement due 5/23/97 (N) (bm) (Entered: 04/11/1997)

April 11, 1997

April 11, 1997

9

MOTION filed by plaintiffs KEVIN GARNES, MICHAEL PENNY, FREDDIE DAVIS, JAMES WITHERSPOON for class certification (blj) (Entered: 05/06/1997)

May 5, 1997

May 5, 1997

10

ANSWER TO COMPLAINT [1-1] by defendant DC . (ks) (Entered: 05/13/1997)

May 12, 1997

May 12, 1997

11

MOTION (CONSENT) filed by defendant DC to extend time to 5/30/97 to respond to plaintiff's motion for certification (blj) (Entered: 05/20/1997)

May 19, 1997

May 19, 1997

12

ORDER by Judge Paul L. Friedman : granting motion to extend time to 5/30/97 to respond to plaintiff's motion for certification [11-1] by DC (N) (bm) (Entered: 05/21/1997)

May 21, 1997

May 21, 1997

13

MEET AND CONFER STATEMENT/REPORT PURSUANT TO L.R. 206(d) filed by plaintiffs KEVIN GARNES, MICHAEL PENNY, FREDDIE DAVIS, JAMES WITHERSPOON, defendant DC . (blj) (Entered: 05/27/1997)

May 23, 1997

May 23, 1997

MEET AND CONFER STATUS HEARING before Judge Paul L. Friedman: defendant shall respond to class certification motion due by 6/13/97; discovery closes 10/30/97; Plaintiff's expert report due by 11/14/9; Defendant's expert report due by 12/3/97; Status conference set for 9:15 12/10/97 Reporter: Santa Zizzo (bm) (Entered: 05/30/1997)

May 30, 1997

May 30, 1997

14

ORDER by Judge Paul L. Friedman : Case assigned to the Complex track (track three) ; confirming dates set at the Meet and Confer Status Conference held 5/30/97; limiting each paraty to a maximum of 25 interrogatories to any other party; responses due 30 days after service; limiting each side to a maximum of 10 depositions; plaintiff shall inform the Court in writing by 6/20/97 of plaintiffs' position regarding the case of Melvin Thomas C.A. 96-1074; setting forth instructions to counsel. (N) (bm) (Entered: 05/30/1997)

May 30, 1997

May 30, 1997

15

NOTICE by plaintiffs KEVIN GARNES, MICHAEL PENNY, FREDDIE DAVIS, JAMES WITHERSPOON pursuant to Court's Order of 5/30/97 regarding Melvin Thomas v. District of Columbia (blj) (Entered: 06/06/1997)

June 5, 1997

June 5, 1997

16

RESPONSE by defendant DC to motion for class certification [9-1] by JAMES WITHERSPOON, FREDDIE DAVIS, MICHAEL PENNY, KEVIN GARNES (blj) (Entered: 06/16/1997)

June 13, 1997

June 13, 1997

17

ORDER by Judge Paul L. Friedman : granting motion for class certification [9-1] by JAMES WITHERSPOON, FREDDIE DAVIS, MICHAEL PENNY, KEVIN GARNES; certifying the plaintiff's class under FRCP 23(b)(1) and 23(b)(2); setting forth the class definition. (N) (bm) (Entered: 06/17/1997)

June 17, 1997

June 17, 1997

18

ORDER by Judge Paul L. Friedman: plaintiffs' discovery requests shall not be filed; discovery materials shall not be filed in this case. (N) (bm) (Entered: 07/02/1997)

July 2, 1997

July 2, 1997

19

MOTION filed by defendant DC to extend time to 8/22/97 to respond to plaintiffs' discovery requests (dbw) (Entered: 08/04/1997)

Aug. 1, 1997

Aug. 1, 1997

20

ORDER by Judge Paul L. Friedman : granting motion to extend time to 8/21/97 to respond to plaintiffs' discovery requests [19-1] by DC (N) (bm) (Entered: 08/04/1997)

Aug. 4, 1997

Aug. 4, 1997

21

MOTION filed by plaintiffs KEVIN GARNES, MICHAEL PENNY, FREDDIE DAVIS, JAMES WITHERSPOON, defendant DC requesting preliminary approval of settlement (blj) (Entered: 08/29/1997)

Aug. 28, 1997

Aug. 28, 1997

22

STIPULATION OF SETTLEMENT AND ORDER by Judge Paul L. Friedman : granting motion requesting preliminary approval of settlement [21-1] by DC, JAMES WITHERSPOON, FREDDIE DAVIS, MICHAEL PENNY, KEVIN GARNES; setting forth terms of settlement; staying the proceedings for a six month period; a fairness hearing shall be scheduled at the Court's convenience. (N) (bm) (Entered: 08/29/1997)

Aug. 29, 1997

Aug. 29, 1997

23

NOTICE OF FILING by plaintiffs KEVIN GARNES, MICHAEL PENNY, FREDDIE DAVIS, JAMES WITHERSPOON, defendant DC pursuant to Court's order of 8/29/97 notice to disabled prisoners; attachment (1) (blj) (Entered: 09/15/1997)

Sept. 12, 1997

Sept. 12, 1997

24

RESPONSE by plaintiff FREDDIE DAVIS to proposed settlement [22-1] (ks) (Entered: 10/09/1997)

Oct. 6, 1997

Oct. 6, 1997

25

ORDER by Judge Paul L. Friedman: fairness hearing set for 9:15 12/10/97 ; the six class members who responded to the Notice of Proposed Settlement shall be personally served with notice of this hearing. (N) (bm) (Entered: 11/21/1997)

Nov. 21, 1997

Nov. 21, 1997

FAIRNESS HEARING before Judge Paul L. Friedman begun and continued to 3/17/98 at 9:30 a.m.; plaintiffs will conduct an inspection of the facility and report to the defendants of their findings. reporter: Vernell Marshall (bm) (Entered: 12/10/1997)

Dec. 10, 1997

Dec. 10, 1997

26

ORDER by Judge Paul L. Friedman: confirming dates set at the Fairness Hearing held 12/10/97; directing the Clerk to send a copy of this Order to each of the six objecting class members at the DC Correctional Treatment Facility and shall make arrangements for their attendance at the 3/17/98 hearing if they are still in the custody of the DC Correctional Treatment Facility. (N) (bm) (Entered: 12/19/1997)

Dec. 19, 1997

Dec. 19, 1997

27

LETTER to the Court from John H. Davis, CCA Treatment Facility; "Let this be filed" (fiat) J. Friedman. (bm) (Entered: 03/09/1998)

March 9, 1998

March 9, 1998

FAIRNESS HEARING before Judge Paul L. Friedman: held; the Court approved settlement over the objections by two class members; case stayed for 6 months. Reporter: Edward Hawkins (bm) (Entered: 03/17/1998)

March 17, 1998

March 17, 1998

29

ORDER by Judge Paul L. Friedman: the Court approves the Stipulation of Settlement and Order filed by the parties on 8/28/97; staying case for six months ; if the defendant breaches the agreement, the stay will be lifted and the action be reinstated; during the stay, the defendant shall make reports to the plaintiffs' counsel pursuant to section II of the Agreement; if the stay has not been lifted during the six month monitoring period, the case shall be dismissed. (N) (bm) (Entered: 03/17/1998)

March 17, 1998

March 17, 1998

30

MEMORANDUM by plaintiffs in compliance with FRCP 54 and request for a scheduling order regarding fees and costs; Attachment (1). (ks) (Entered: 04/01/1998)

March 31, 1998

March 31, 1998

31

SCHEDULING ORDER by Judge Paul L. Friedman plaintiffs shall have until 5/8/98 to submit their motion for the award of attorneys' fees and costs; defendants shall respond to motion due 5/22/98 ; parties shall appear for a status conference on further order of Court. (N) (bm) (Entered: 04/01/1998)

April 1, 1998

April 1, 1998

32

JOINT MOTION by plaintiffs and defendant to extend time to 5/22/98 for filing attorney fee petition. (ks) (Entered: 05/07/1998)

May 6, 1998

May 6, 1998

33

ORDER by Judge Paul L. Friedman : granting joint motion to extend time to 5/22/98 for filing attorney fee petition [32-1] by DC, JAMES WITHERSPOON, FREDDIE DAVIS, MICHAEL PENNY, KEVIN GARNES; defendant shall respond to motion by 6/5/98 (N) (bm) (Entered: 05/07/1998)

May 7, 1998

May 7, 1998

34

CONSENT ORDER by Judge Paul L. Friedman: entering judgment in favor of plaintiffs and against the District of Columbia on the attorneys' fees and costs associated with the litigation up to and including 5/15/98 in the amount of $61,000.00; setting forth payment of attorneys fees. (N) (bm) (Entered: 05/26/1998)

May 26, 1998

May 26, 1998

35

ORDER by Judge Paul L. Friedman: dismissing complaint [1-1] ; directing the Clerk of the Court shall remove this case from the docket of the Court. (N) (bm) (Entered: 10/22/1998)

Oct. 22, 1998

Oct. 22, 1998

36

MEMORANDUM by plaintiff KEVIN GARNES, plaintiff MICHAEL PENNY, plaintiff FREDDIE DAVIS, plaintiff JAMES WITHERSPOON in compliance with Fed. R. Civ. P. 54 and request for a scheduling order regarding fees and costs; exhibits (4) (bjsp) (Entered: 11/05/1998)

Nov. 4, 1998

Nov. 4, 1998

37

SCHEDULING ORDER by Judge Paul L. Friedman plaintiffs shall submit their motion for award of attorneys' fees and costs due 12/21/98; defendants shall respond to motion due 1/4/99 ; the Court urges the parties to reach an agreement on this matter as they did with respect to fees up through 5/19/98. (N) (bm) (Entered: 11/17/1998)

Nov. 17, 1998

Nov. 17, 1998

38

MOTION filed by plaintiff KEVIN GARNES, plaintiff MICHAEL PENNY, plaintiff FREDDIE DAVIS, plaintiff JAMES WITHERSPOON to extend time to 12/28/98 within which to file a response to defendants motion (bjsp) (Entered: 12/22/1998)

Dec. 21, 1998

Dec. 21, 1998

39

MOTION filed by plaintiff KEVIN GARNES, plaintiff MICHAEL PENNY, plaintiff FREDDIE DAVIS, plaintiff JAMES WITHERSPOON to extend time to 12/28/98 within which to respond to defendants filing (bjsp) (Entered: 12/23/1998)

Dec. 22, 1998

Dec. 22, 1998

40

CONSENT ORDER by Judge Paul L. Friedman: entering judgment in favor of plaintiffs and against the District of Columbia in the amount of $5,875.50; this judgment, being the nature of a settlement, shall bear no interest; the District of Columbia shall pay the judgment issuing the check made payable to D.C. Prisoners' Legal Services Project, Inc. (N) (bm) (Entered: 12/23/1998)

Dec. 23, 1998

Dec. 23, 1998

Case Details

State / Territory: District of Columbia

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 4, 1997

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

disabled prisoners of the District of Columbia

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

District of Columbia (District of Columbia), Federal

Case Details

Causes of Action:

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

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

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1997 - None

Issues

General:

Education

Rehabilitation

Discrimination-basis:

Disability (inc. reasonable accommodations)

Type of Facility:

Government-run