Case: Amos v. Maryland Department of Public Safety and Correctional Services

1:91-cv-00508 | U.S. District Court for the District of Maryland

Filed Date: Feb. 22, 1991

Closed Date: March 28, 2000

Clearinghouse coding complete

Case Summary

In 1991, a group of disabled Maryland state prisoners incarcerated at the Roxbury Correctional Institution in Hagerstown, Maryland, represented by the American Civil Liberties Union, filed a Section 1983 class action suit in federal district court for the District of Maryland against the prison and officials for the Maryland Department of Public Safety and Correctional Services. The suit alleged that officials discriminated against the plaintiffs because of their disabilities, in violation of …

In 1991, a group of disabled Maryland state prisoners incarcerated at the Roxbury Correctional Institution in Hagerstown, Maryland, represented by the American Civil Liberties Union, filed a Section 1983 class action suit in federal district court for the District of Maryland against the prison and officials for the Maryland Department of Public Safety and Correctional Services. The suit alleged that officials discriminated against the plaintiffs because of their disabilities, in violation of section 504 of the Americans with Disabilities Act (ADA) and Rehabilitation Act.

Defendants moved for summary judgment and in June 1996, the District Court (Judge J. Frederick Motz) granted defendants' motion entering judgment in favor of defendants against plaintiffs. Plaintiffs appealed, and in September 1997, the Court of Appeals affirmed holding that the ADA and Rehabilitation Acts do not apply to ""state correctional facilities."" Amos v. Md. Dep't of Pub. Safety and Corr. Servs., 126 F.3d 589 (4th Cir. 1997).

In June 1998, the Supreme Court granted certiorari and vacated and remanded for further consideration in light of Penn. Dep't of Corr. v. Yeskey, 524 U.S. 206 (1998). Amos v. Md. Dep't of Pub. Safety and Corr. Servs., 524 U.S. 935 (1998). On remand, the Court of Appeals held that the application of the ADA and Rehabilitation Act to state prisons was a ""valid exercise of Congress' authority under the Fourteenth Amendment,"" and that the State of Maryland was not entitled to immunity from suit under the 11th Amendment because Congress had validly abrogated that immunity. Amos v. Md. Dep't of Pub. Safety and Corr. Servs., 178 F.3d 212 (4th Cir. 1999).

In February 2000, the Fourth Circuit granted defendants' petition for rehearing en banc, but a few days prior to oral argument, the parties reached a settlement. The Fourth Circuit accepted the parties' stipulation of dismissal and in March 2000, ordered the case dismissed. Amos v. Md. Dep't of Pub. Safety and Corr. Servs., 205 F.3d 687 (4th Cir. 2000). The terms of the settlement agreement were not included in the opinion and are not available in the case file. The PACER docket does not contain any entries after March 28, 2000.

Summary Authors

Eoghan Keenan (5/24/2005)

People


Judge(s)
Attorney for Plaintiff

Alexander, Elizabeth R. (District of Columbia)

Balaban, Eric G. (District of Columbia)

Bardos, Richard B. (Maryland)

Bazany, Michael A. (District of Columbia)

Beckman, Marlene (District of Columbia)

Attorney for Defendant
Expert/Monitor/Master/Other
Judge(s)

Clarke, Joseph Calvitt Jr. (Virginia)

Motz, J. Frederick (Maryland)

Murnaghan, Francis Dominic Jr. (Maryland)

Williams, Alexander Jr. (Maryland)

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Documents in the Clearinghouse

Document

1:91-cv-00508

Docket (PACER)

March 28, 2000

March 28, 2000

Docket

96-07091

Opinion

U. S. Court of Appeals for the Fourth Circuit

Sept. 22, 1997

Sept. 22, 1997

Order/Opinion

97-01113

Memorandum Decision

Supreme Court of the United States

June 22, 1998

June 22, 1998

Order/Opinion

96-07091

Opinion

U. S. Court of Appeals for the Fourth Circuit

June 24, 1999

June 24, 1999

Order/Opinion

96-07091

Order of Dismissal

U. S. Court of Appeals for the Fourth Circuit

March 6, 2000

March 6, 2000

Order/Opinion

Docket

Last updated Feb. 15, 2024, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed; FILING FEE $ 120.00 RECEIPT # 085945 (mdd, Deputy Clerk) (Entered: 02/27/1991)

Feb. 22, 1991

Feb. 22, 1991

1

DEMAND for jury trial (mdd, Deputy Clerk) (Entered: 02/27/1991)

Feb. 22, 1991

Feb. 22, 1991

2

SUMMONS(ES) issued for MD Dept. of Public, Roxbury Correction, Richard. Lanham, John P. Galley (45) (mdd, Deputy Clerk) (Entered: 02/27/1991)

Feb. 22, 1991

Feb. 22, 1991

3

Local Rule 103.3 statement of Plaintiffs (mdd, Deputy Clerk) (Entered: 03/21/1991)

March 18, 1991

March 18, 1991

4

Letter MOTION of Defendants to Extend Time until 5/5/91 to respond to Complaint (mdd, Deputy Clerk) (Entered: 04/29/1991)

April 25, 1991

April 25, 1991

5

MOTION with memorandum in support by MD Dept. of Public, Roxbury Correction, Richard. Lanham, John P. Galley to Dismiss , or, in the alternative for Summary Judgment and Exh. 1, 2.(original Exh 2 rec'd 5/10/91 (mdd, Deputy Clerk) Modified on 05/14/1991 (Entered: 05/08/1991)

May 6, 1991

May 6, 1991

6

Line of Defendants MD Dept. of Public Safety and Correctional Services, Roxbury Correctional Institution, Commissioner Richard Lanham and Warden Galley submitting original Exhibit 2 (mdd, Deputy Clerk) (Entered: 05/14/1991)

May 10, 1991

May 10, 1991

7

MEMORANDUM in opposition to [5-2] motion for Summary Judgment (mdd, Deputy Clerk) (Entered: 05/23/1991)

May 20, 1991

May 20, 1991

8

REQUEST of Plaintiffs for Admissions (mdd, Deputy Clerk) (Entered: 05/23/1991)

May 22, 1991

May 22, 1991

9

Letter MOTION by MD Dept. of Public to Extend Time to Respond to Opposition of Plaintiff to its Motion to Dismiss to 6/11/91 (mdd, Deputy Clerk) (Entered: 05/30/1991)

May 29, 1991

May 29, 1991

9

ORDER granting [9-1] motion to Extend Time to Respond to Opposition of Plaintiff to its Motion to Dismiss to 6/11/91, Reply to Response to Motion reset to 6/11/91 for [5-1] motion to Dismiss (c/m 5/29/91 cham) ( signed by Judge J. F. Motz ) (mdd, Deputy Clerk) (Entered: 05/30/1991)

May 29, 1991

May 29, 1991

10

REPLY by MD Dept. of Public, Roxbury Correction, Richard. Lanham, John P. Galley to response to [5-1] motion to Dismiss, [5-2] motion for Summary Judgment Exh. 1-2 (mdd, Deputy Clerk) (Entered: 06/18/1991)

June 11, 1991

June 11, 1991

11

MEMORANDUM ( signed by Judge J. F. Motz ) (c/m by chambers) (mdd, Deputy Clerk) (Entered: 06/27/1991)

June 26, 1991

June 26, 1991

12

ORDER denying [5-1] motion to Dismiss ( signed by Judge J. F. Motz ) (c/m by chambers) (mdd, Deputy Clerk) (Entered: 06/27/1991)

June 26, 1991

June 26, 1991

13

SCHEDULING ORDER ( signed by Judge J. F. Motz ) (c/m by chambers) (mdd, Deputy Clerk) (Entered: 06/27/1991)

June 26, 1991

June 26, 1991

14

ANSWER to Complaint by John P. Galley, Richard. Lanham, Roxbury Correction, MD Dept. of Public (Attorney J. Joseph Curran Jr., Stephanie Lane-Weber), (mdd, Deputy Clerk) (Entered: 07/11/1991)

July 8, 1991

July 8, 1991

15

Modified SCHEDULING ORDER ( signed by Judge J. F. Motz 10/15/91 ) (c/m 10/16/91-gl) (mdd, Deputy Clerk) (Entered: 10/22/1991)

Oct. 16, 1991

Oct. 16, 1991

16

ORDER/memorandum "modifying" scheduling order. ( signed by Judge J. F. Motz ) (c/m by chambers) (mdd, Deputy Clerk) (Entered: 01/19/1992)

Jan. 3, 1992

Jan. 3, 1992

17

ORDER granting [17-1] motion of defendants to Extend Time to complete discovery to 4/7/92. ( signed by Judge J. F. Motz ) (c/m 1/24/92 jt) (mdd, Deputy Clerk) (Entered: 01/24/1992)

Jan. 24, 1992

Jan. 24, 1992

18

MOTION by Dennis Brian Absher, Calvin J. Whiting, William Lewis Smith, Michael Hilman Smith, John Smith, Winfried Lee Rhodes, Gary Ralph, Boris Prymerman, Howard Megginson, Charles Madison, Teddy T. Jones, Michael A. Holt, Harvey W. Bloxom, Granville Amos for leave to Amend and Supplement Complaint and Proposed Amended Complaint. (mdd, Deputy Clerk) (Entered: 03/20/1992)

March 18, 1992

March 18, 1992

19

MEMORANDUM by John P. Galley, Richard. Lanham, Roxbury Correction, MD Dept. of Public in opposition to [18-1] motion of Plaintiffs for leave to Amend and Supplement Complaint, Memorandum, and Exhibits 1-2. (c/s) (mdd, Deputy Clerk) (Entered: 03/30/1992)

March 26, 1992

March 26, 1992

20

REVISED SCHEDULING ORDER ( signed by Judge J. F. Motz ) (c/m by chambers) (mdd, Deputy Clerk) (Entered: 03/30/1992)

March 26, 1992

March 26, 1992

21

REPLY by Dennis Brian Absher, Calvin J. Whiting, William Lewis Smith, Michael Hilman Smith, John Smith, Winfried Lee Rhodes, Gary Ralph, Boris Prymerman, Howard Megginson, Charles Madison, Teddy T. Jones, Michael A. Holt, Harvey W. Bloxom, Granville Amos to response to [18-1] motion for leave to Amend and Supplement Complaint (slf, Deputy Clerk) (Entered: 04/13/1992)

April 9, 1992

April 9, 1992

22

ORDER granting [18-1] motion of Plaintiff for leave to Amend and Supplement Complaint without prejudice to defendants raising whatever collateral estoppel or res judicata defence which they believe is appropriate as to the additional claims which Plaintiffs are asserting. ( signed by Judge J. F. Motz ) (c/m 4/15/92 by chambers) (mdd, Deputy Clerk) (Entered: 04/21/1992)

April 15, 1992

April 15, 1992

23

ANSWER by John P. Galley, Richard. Lanham, Roxbury Correction, MD Dept. of Public (Attorney J. Joseph Curran Jr., Audrey J.S. Carrion, Stephanie Judith Lane-Weber) to amended complaint (c/s) (mdd, Deputy Clerk) (Entered: 05/04/1992)

April 27, 1992

April 27, 1992

24

MOTION by John P. Galley, Richard. Lanham, Roxbury Correction, MD Dept. of Public for Leave of Court to Depose Inmates Confined in the Maryland Division of Correction (c/s) (cag, Deputy Clerk) (Entered: 07/06/1992)

July 1, 1992

July 1, 1992

25

MARGINAL ORDER granting [24-1] motion for Leave of Court to Depose Inmates Confined in the Maryland Division of Correction ( signed by Judge J. F. Motz July 6, 1992) (c/m 6/7/92-cag) (cag, Deputy Clerk) (Entered: 07/07/1992)

July 6, 1992

July 6, 1992

26

JOINT MOTION by John P. Galley, Richard. Lanham, Roxbury Correction, MD Dept. of Public, Dennis Brian Absher, Calvin J. Whiting, William Lewis Smith, Michael Hilman Smith, John Smith, Winfried Lee Rhodes, Gary Ralph, Boris Prymerman, Howard Megginson, Charles Madison, Teddy T. Jones, Michael A. Holt, Harvey W. Bloxom, Granville Amos to Extend Time to Complete Discovery , and to Amend Pre-Trial Schedule and Memorandum in Support. (cag, Deputy Clerk) Modified on 08/04/1992 (Entered: 08/04/1992)

July 31, 1992

July 31, 1992

27

ORDER granting [26-1] joint motion to Extend Time to Complete Discovery to and including October 16, 1992 granting [26-2] joint motion to Amend Pre-Trial Schedule; and new Pre-Trial Schedule ( signed by Judge J. F. Motz August 3, 1992 ) (c/m 8/4/92-cag) (cag, Deputy Clerk) (Entered: 08/04/1992)

Aug. 3, 1992

Aug. 3, 1992

28

NOTICE of attorney appearance by Anne E. Titterton for Plaintiffs. (cag, Deputy Clerk) (Entered: 10/13/1992)

Oct. 13, 1992

Oct. 13, 1992

29

JOINT MOTION to Amend [20-1] Scheduling order . (cag, Deputy Clerk) (Entered: 10/19/1992)

Oct. 19, 1992

Oct. 19, 1992

29

ORDER "APPROVING" [29-1] joint motion to Amend [20-1] Scheduling order. ( signed by Judge J. F. Motz ) (c/m 10/19/92-gs) (cag, Deputy Clerk) (Entered: 10/19/1992)

Oct. 19, 1992

Oct. 19, 1992

30

MOTION by John P. Galley, Richard. Lanham, Roxbury Correction and MD Dept. of Public to Stay discovery proceedings and Exhibits 1 thru 3. (c/s) (mdd, Deputy Clerk) (Entered: 11/17/1992)

Nov. 16, 1992

Nov. 16, 1992

31

MEMORANDUM of Plaintiffs in opposition to [30-1] motion of Defendants to Stay discovery proceedings. (c/s) (cag, Deputy Clerk) (Entered: 12/03/1992)

Dec. 3, 1992

Dec. 3, 1992

32

ORDER/MEMO denying [30-1] motion of Defendants to Stay discovery proceedings; and "SCHEDULING" a Settlement Conference for 1/21/93 at 8:30 a.m. ( signed by Judge J. F. Motz 12/30/92) (c/m 12/30/92-gs) (cag, Deputy Clerk) (Entered: 01/04/1993)

Dec. 30, 1992

Dec. 30, 1992

33

MOTION by John P. Galley, Richard. Lanham, Roxbury Correction, MD Dept. of Public for Leave of Court to Depose Inmates Confined in the Maryland Division of Correction . (c/s) (cag, Deputy Clerk) (Entered: 02/01/1993)

Jan. 29, 1993

Jan. 29, 1993

34

ORDER granting [33-1] motion for Leave of Court to Depose Inmates Confined in the Maryland Division of Correction ( signed by Judge J. F. Motz ) (c/m 2/3/93-jt) (cag, Deputy Clerk) (Entered: 02/02/1993)

Feb. 2, 1993

Feb. 2, 1993

35

ORDER REFERRING CASE to Magistrate Judge Catherine C. Blake for Settlement Conference. ( signed by Judge J. F. Motz 1/26/93) (cag, Deputy Clerk) (Entered: 02/02/1993)

Feb. 2, 1993

Feb. 2, 1993

36

ORDER/LETTER "SCHEDULING" a Settlement Conference for 4/30/93 at 10:00 a.m. ( signed by Magistrate Judge Catherine C. Blake ) (cag, Deputy Clerk) (Entered: 02/09/1993)

Feb. 9, 1993

Feb. 9, 1993

38

WRIT OF HABEAS CORPUS AD TESTIFICANDUM issued as to Winifried Rhodes and Order Granting leave as Prayed. ( signed by Judge J. F. Motz 4/22/93) (4 cc's USM) (cag, Deputy Clerk) (Entered: 04/26/1993)

April 26, 1993

April 26, 1993

39

a Plaintiff in this Action.( signed by Judge J. F. Motz ) (c/m 4/29/93-mec) (MICROFILMED 4/29/93) (cag, Deputy Clerk) (Entered: 04/29/1993)

April 29, 1993

April 29, 1993

Settlement conference held before Magistrate Judge Blake. (cag, Deputy Clerk) (Entered: 05/04/1993)

April 30, 1993

April 30, 1993

40

ORDER/LETTER "SCHEDULING" a Settlement Conference for 5/20/93 at 10:00 a.m. ( signed by Magistrate Judge Catherine C. Blake ) (cag, Deputy Clerk) (Entered: 05/05/1993)

May 4, 1993

May 4, 1993

Settlement conference held and continued before Magistrate Judge Blake. (cag, Deputy Clerk) (Entered: 05/20/1993)

May 20, 1993

May 20, 1993

41

SCHEDULING ORDER ( signed by Magistrate Judge Catherine C. Blake ) (c/m 5/27/93-bc) (cag, Deputy Clerk) (Entered: 05/27/1993)

May 27, 1993

May 27, 1993

42

MOTION by John P. Galley, Richard. Lanham, Roxbury Correction, MD Dept. of Public for Protective Order . (c/s) (cag, Deputy Clerk) (Entered: 06/25/1993)

June 24, 1993

June 24, 1993

43

MOTION of Plaintiffs with memorandum in support for Partial Summary Judgment and Exhibits 1 thru 12. (c/s) (cag, Deputy Clerk) (Entered: 06/28/1993)

June 28, 1993

June 28, 1993

44

MOTION of Plaintiffs for Special Admission of Out-Of-State Attorney . (cag, Deputy Clerk) (Entered: 07/07/1993)

July 6, 1993

July 6, 1993

44

ORDER granting [44-1] motion of Plaintiffs for Special Admission of Michael A. Bazany Out-Of-State Attorney. ( signed by Judge J. F. Motz ) (cag, Deputy Clerk) (Entered: 07/07/1993)

July 6, 1993

July 6, 1993

45

MOTION of Plaintiffs for Special Admission of Out-Of-State Attorney . (cag, Deputy Clerk) (Entered: 07/07/1993)

July 6, 1993

July 6, 1993

45

ORDER granting [45-1] motion of Plaintiffs for Special Admission of Robert P. Davis an Out-Of-State Attorney. ( signed by Judge J. F. Motz 7/2/93 ) (c/m 7/6/93-gs) (cag, Deputy Clerk) (Entered: 07/07/1993)

July 6, 1993

July 6, 1993

46

MOTION with memorandum in support by John P. Galley, Richard. Lanham, Roxbury Correction, MD Dept. of Public to Dismiss , or in the alternative Partial for Summary Judgment and (Exhibits 1 thru 47 filed separately). (c/s chambers & Blake) (cag, Deputy Clerk) (Entered: 08/17/1993)

Aug. 16, 1993

Aug. 16, 1993

46

RESPONSE by John P. Galley, Richard. Lanham, Roxbury Correction, MD Dept. of Public in opposition to [43-1] motion of Plaintiffs for Partial Summary Judgment and (Exhibits 1 thru 47 filed separately). (c/s) (cag, Deputy Clerk) (Entered: 08/17/1993)

Aug. 16, 1993

Aug. 16, 1993

47

LOCAL RULE 104.7; MOTION with memorandum in support by Dennis Brian Absher to Compel dsicovery Responses ; Defendants' Response to Motion of Plaintiff to Compel; and Reply Memorandum in Support of Plaintiffs Motion to compel. (c/s) (cag, Deputy Clerk) Modified on 07/11/1995 (Entered: 08/23/1993)

Aug. 23, 1993

Aug. 23, 1993

48

MOTION with memorandum in support by William Lewis Smith for Preliminary Injunction and Exhibits 1 thru 5. (c/s) (cag, Deputy Clerk) (Entered: 08/30/1993)

Aug. 27, 1993

Aug. 27, 1993

49

REPLY MEMORANDUM by Dennis Brian Absher, et al in support of [43-1] motion of Plaintiffs for Partial Summary Judgment and Exhibits 1 thru 7. (c/s) (cag, Deputy Clerk) (Entered: 09/03/1993)

Sept. 3, 1993

Sept. 3, 1993

50

AFFIDAVIT by William Lewis Smith. (mdd, Deputy Clerk) (Entered: 09/09/1993)

Sept. 9, 1993

Sept. 9, 1993

Tele-conference held with Motz, J. (cag, Deputy Clerk) (Entered: 09/13/1993)

Sept. 9, 1993

Sept. 9, 1993

51

MOTION with memorandum in support by John P. Galley, Richard. Lanham, Roxbury Correction, MD Dept. of Public to Dismiss or for Summary Judgment and Attachment. (c/s) (cag, Deputy Clerk) (Entered: 09/14/1993)

Sept. 13, 1993

Sept. 13, 1993

51

RESPONSE by John P. Galley, Richard. Lanham, Roxbury Correction, MD Dept. of Public to [48-1] motion of Smith for Preliminary Injunction and Attachment. (c/s) (cag, Deputy Clerk) (Entered: 09/14/1993)

Sept. 13, 1993

Sept. 13, 1993

52

NOTICE of attorney appearance for Granville Amos by Nanyna Philipsen. (cag, Deputy Clerk) (Entered: 09/22/1993)

Sept. 17, 1993

Sept. 17, 1993

53

MEMORANDUM IN REPLY by John P. Galley, Richard. Lanham, Roxbury Correction, MD Dept. of Public to [51-1] motion of Galley, Lanham, Roxbury Correction and MD Dept. of Public to Dismiss, [51-2] motion for Summary Judgment and Exhibits 1 thru 5. (c/s) (cag, Deputy Clerk) (Entered: 09/28/1993)

Sept. 27, 1993

Sept. 27, 1993

54

MOTION by William Lewis Smith to Extend Time to file a Reply Memorandum in suport of Motion for Preliminary Injunction . (cag, Deputy Clerk) (Entered: 09/30/1993)

Sept. 29, 1993

Sept. 29, 1993

54

ORDER granting [54-1] motion of William Smith to Extend Time to file a Reply Memorandum in suport of Motion for Preliminary Injunction to and including 9/29/93. ( signed by Judge J. F. Motz 9/29/93 ) (c/m 9/30/93-cag) (cag, Deputy Clerk) Modified on 09/30/1993 (Entered: 09/30/1993)

Sept. 29, 1993

Sept. 29, 1993

55

REPLY MEMORANDUM by William Lewis Smith in support of [48-1] motion for Preliminary Injunction. (c/s) (cag, Deputy Clerk) (Entered: 09/30/1993)

Sept. 29, 1993

Sept. 29, 1993

57

MOTION by MD Dept. of Public, John P. Galley, Richard. Lanham for leave of Court to Depose Person confined in prison . (c/s) (cag, Deputy Clerk) (Entered: 11/09/1993)

Nov. 9, 1993

Nov. 9, 1993

58

MARGINAL ORDER granting [57-1] motion of Defendants for leave of Court to Depose Person confined in prison. ( signed by Judge J. F. Motz 11/10/93 ) (c/m 11/10/93-gs) (cag, Deputy Clerk) (Entered: 11/12/1993)

Nov. 10, 1993

Nov. 10, 1993

59

NOTICE of attorney appearance for John P. Galley, Richard. Lanham, Roxbury Correction, MD Dept. of Public by Carmen M. Shepard. (cag, Deputy Clerk) Modified on 01/14/1994 (Entered: 01/06/1994)

Jan. 5, 1994

Jan. 5, 1994

60

JOINT STATUS REPORT. (c/s) (cag, Deputy Clerk) (Entered: 08/15/1994)

Aug. 15, 1994

Aug. 15, 1994

61

ORDER withdrawing without Prejudice [43-1] motion of Plaintiffs for Summary Judgment to it being renewed at a later date. ( signed by Judge J. F. Motz 9/29/94 ) (c/m 9/30/94-gs) (cag, Deputy Clerk) (Entered: 10/03/1994)

Sept. 30, 1994

Sept. 30, 1994

62

MOTION by John P. Galley for Protective Order . (cag, Deputy Clerk) (Entered: 10/03/1994)

Sept. 30, 1994

Sept. 30, 1994

63

PROTECTIVE ORDER "APPROVING" terms and conditions of parties Re: confidential information as therein set forth. ( signed by Judge J. F. Motz 9/30/94 ) (c/m 9/30/94-gs) (cag, Deputy Clerk) (Entered: 10/03/1994)

Sept. 30, 1994

Sept. 30, 1994

64

LETTER/MOTION by John P. Galley, et al to Extend Time to file their Motion for Summary Judgment . (cag, Deputy Clerk) (Entered: 03/30/1995)

March 29, 1995

March 29, 1995

64

ORDER granting [64-1] letter/motion of Defendants to Extend Time to file their Motion for Summary Judgment to 4/14/95. ( signed by Chf Judge J. F. Motz 3/29/95 ) (c/m 3/29/95-gs) (cag, Deputy Clerk) (Entered: 03/30/1995)

March 29, 1995

March 29, 1995

65

LETTER/MOTION by John P. Galley, et al to Extend Time for Negotiations . (cag, Deputy Clerk) (Entered: 05/05/1995)

May 5, 1995

May 5, 1995

65

ORDER granting [65-1] motion of Defendants to Extend Time for Negotiations. ( signed by Chf Judge J. F. Motz 5/3/95 ) (c/m 5/4/95-gs) (cag, Deputy Clerk) (Entered: 05/05/1995)

May 5, 1995

May 5, 1995

66

LETTER/MOTION by Defendants for an additional week to file their dispositive motion on damages . (cag, Deputy Clerk) (Entered: 07/05/1995)

July 3, 1995

July 3, 1995

66

ORDER granting [66-1] motion of Defendants for an additional week to file their dispositive motion on damages. ( signed by Chf Judge J. F. Motz 7/3/95 ) (c/m 7/3/95-gs) (cag, Deputy Clerk) (Entered: 07/05/1995)

July 3, 1995

July 3, 1995

67

MOTION with memorandum in support by John P. Galley, Richard. Lanham, Roxbury Correction, MD Dept. of Public for Summary Judgment as to Damages and Attachments. (c/s) (FILED SEPARATELY) (original Affidavits received 7/10/95) (cag, Deputy Clerk) Modified on 07/11/1995 (Entered: 07/10/1995)

July 7, 1995

July 7, 1995

Tele-conference held before Motz, CJ. (jas, Deputy Clerk) (Entered: 08/23/1995)

Aug. 21, 1995

Aug. 21, 1995

68

SUPPLEMENTAL MEMORANDUM by John P. Galley, in support of [67-1] motion for Summary Judgment. (c/s) (cag, Deputy Clerk) (Entered: 08/28/1995)

Aug. 23, 1995

Aug. 23, 1995

69

RESPONSE by Granville Amos, et al to Defendants' Supplemental Memorandum in Support of Motion for Summary Judgment regarding the effect of Torcasio v. Murray. (c/s) (cag, Deputy Clerk) (Entered: 09/12/1995)

Sept. 12, 1995

Sept. 12, 1995

70

MOTION by Dennis Brian Absher, et al for Majorie Rifkin to Appear Pro Hac Vice . (cag, Deputy Clerk) (Entered: 09/13/1995)

Sept. 13, 1995

Sept. 13, 1995

71

ORDER granting [70-1] motion for Majorie Rifkin to Appear Pro Hac Vice. ( signed by Chf Judge J. F. Motz 9/12/95 ) (c/m 9/13/95-cag) (cag, Deputy Clerk) (Entered: 09/13/1995)

Sept. 13, 1995

Sept. 13, 1995

72

MOTION by Granville Amos, et al to Extend Time to file a Response to Defendants' Motion for Summary Judgment as to Medical Damages . (cag, Deputy Clerk) (Entered: 09/21/1995)

Sept. 21, 1995

Sept. 21, 1995

72

ORDER granting [72-1] motion by Plaintiffs to Extend Time to file a Response to Defendants' Motion for Summary Judgment as to Medical Damages to 10/30/95. ( signed by Chf Judge J. F. Motz 9/20/95 ) (c/m 9/21/95-gs) (cag, Deputy Clerk) (Entered: 09/21/1995)

Sept. 21, 1995

Sept. 21, 1995

73

MOTION with memorandum in support by Granville Amos for Partial Summary Judgment on their Damage Claims under 504 of the Rehabilitation Act and Title II of the Americans with Disabilities Act and Exhibits. (EXHIBITS FILED SEPARATELY) (c/s) (cag, Deputy Clerk) (Entered: 09/25/1995)

Sept. 22, 1995

Sept. 22, 1995

73

RESPONSE by Granville Amos, et al in opposition to [67-1] motion by Defendants for Summary Judgment as to Damages and Exhibits. (EXHIBITS FILED SEPARATELY) (C/S) (cag, Deputy Clerk) (Entered: 09/25/1995)

Sept. 22, 1995

Sept. 22, 1995

74

REPLY by John P. Galley, et al to Plaintiffs' Answer to Defendants' Supplemental Memorandum in support of Motion for Summary Judgment regarding the effect of Torcasi v. Murray. (c/s) (cag, Deputy Clerk) (Entered: 09/25/1995)

Sept. 22, 1995

Sept. 22, 1995

75

RESPONSE by Granville Amos, et al in opposition to [67-1] motion by Defendants for Summary Judgment as to Damages and Exhibits. (c/s) (Executed Affidavits of Gary Ralph and Dennis Absher received 11/13/95) (cag, Deputy Clerk) Modified on 11/13/1995 (Entered: 11/01/1995)

Oct. 30, 1995

Oct. 30, 1995

76

LETTER/MOTION by John P. Galley, et al to Extend Time to reply to Plaintiffs' Response to Defendants' Motion for Summary Judgment as to damages . (cag, Deputy Clerk) (Entered: 11/20/1995)

Nov. 17, 1995

Nov. 17, 1995

76

ORDER granting [76-1] motion by Defendants to Extend Time to reply to Plaintiffs' Response to Defendants' Motion for Summary Judgment as to damages to 12/4/95. ( signed by Chf Judge J. F. Motz 11/17/95 ) (c/m 11/17/95-mec) (cag, Deputy Clerk) (Entered: 11/20/1995)

Nov. 17, 1995

Nov. 17, 1995

77

MEMORANDUM by John P. Galley, Richard. Lanham, Roxbury Correction, MD Dept. of Public in support of Defendants' Reply to Plaintiffs' Motion for Partial Summary Judgment on their Damages Claim under 504 of the Rehabilitation Act and Title II of the Americans with Disabilities Act and Opposition to Defendants' Motion for Summary Judgment as to Damages. (c/s) (cag, Deputy Clerk) (Entered: 12/05/1995)

Dec. 4, 1995

Dec. 4, 1995

78

REPLY by Granville Amos, et al to response by Defendants to [73-1] motion by Plaintiffs for Partial Summary Judgment on their Damage Claims under 504 of the Rehabilitation Act and Title II of the Americans with Disabilities Act. (c/s) (cag, Deputy Clerk) (Entered: 12/19/1995)

Dec. 19, 1995

Dec. 19, 1995

79

SUPPLEMENTAL RESPONSE by Granville Amos, et al in opposition to [67-1] motion by Defendants for Summary Judgment as to Damages. (c/s) (cag, Deputy Clerk) (Entered: 12/21/1995)

Dec. 21, 1995

Dec. 21, 1995

80

MEMORANDUM ( signed by Chf Judge J. F. Motz 1/26/96 ) (cag, Deputy Clerk) (Entered: 01/29/1996)

Jan. 29, 1996

Jan. 29, 1996

81

ORDER "GRANTING" Defendants' Motion for Summary Judgment as to all claims asserted by Plaintiffs under the REhabilitation Act and Title II of the Americans with Disabilities Act of 1990. ( signed by Chf Judge J. F. Motz 1/26/96 ) (c/m 1/29/96-gs) (cag, Deputy Clerk) (Entered: 01/29/1996)

Jan. 29, 1996

Jan. 29, 1996

82

MOTION with memorandum in support by Dennis Brian Absher for Injunction pending Appeal . (c/s) (cag, Deputy Clerk) (Entered: 02/09/1996)

Feb. 9, 1996

Feb. 9, 1996

83

RESPONSE by Defendants in opposition to [82-1] motion by Plaintiffs for Injunction pending Appeal. (c/s) (cag, Deputy Clerk) (Entered: 02/20/1996)

Feb. 14, 1996

Feb. 14, 1996

84

RESPONSE by Michael Hilman Smith in opposition to [67-1] motion by Defendants for Summary Judgment as to Damages. (c/s) (cag, Deputy Clerk) (Entered: 04/10/1996)

April 10, 1996

April 10, 1996

Case Details

State / Territory: Maryland

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Feb. 22, 1991

Closing Date: March 28, 2000

Case Ongoing: No

Plaintiffs

Plaintiff Description:

disabled Maryland state prisoners incarcerated at the Roxbury Correctional Institution in Hagerstown, Maryland

Attorney Organizations:

ACLU National (all projects)

ACLU National Prison Project

Public Interest Lawyer: Yes

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Roxbury Correctional Institution (Hagerstown), State

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Constitutional Clause(s):

Equal Protection

Available Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Litigation

Form of Settlement:

Private Settlement Agreement

Voluntary Dismissal

Order Duration: 2000 - None

Issues

Disability and Disability Rights:

disability, unspecified

Discrimination-basis:

Disability (inc. reasonable accommodations)

Type of Facility:

Government-run