Case: Dunn v. Voinovich

1:93-cv-00166 | U.S. District Court for the Southern District of Ohio

Filed Date: March 3, 1993

Closed Date: 2000

Clearinghouse coding complete

Case Summary

On March 3, 1993, psychiatrically impaired inmates at Ohio prisons filed a class action lawsuit under 42 U.S.C. 1983 in the U.S. District Court for the Southern District of Ohio against the Governor of Ohio, the Department of Rehabilitation and Correction, and the Department of Mental Health. The class consisted of all mentally ill inmates who were or would be confined in one of the State of Ohio's prison system facilities. The class was represented by private counsel. The plaintiffs sought inj…

On March 3, 1993, psychiatrically impaired inmates at Ohio prisons filed a class action lawsuit under 42 U.S.C. 1983 in the U.S. District Court for the Southern District of Ohio against the Governor of Ohio, the Department of Rehabilitation and Correction, and the Department of Mental Health. The class consisted of all mentally ill inmates who were or would be confined in one of the State of Ohio's prison system facilities. The class was represented by private counsel. The plaintiffs sought injunctive and declaratory relief, alleging that the actions of the defendants constituted cruel and unusual punishment. More specifically, the plaintiffs sought relief from the inadequate or non-existent psychiatric care in Ohio's prison system.

The plaintiffs alleged that the defendants were under a duty to provide the inmates with psychiatric care. According to the complaint, psychiatrically impaired inmates were not provided the necessary mental health treatment and their conditions worsened. As a result, the mentally ill inmates injured themselves, were injured by other inmates, and were subjected to disciplinary confinement and restraint.

After discovery and negotiation, the parties reached an agreement. On July 11, 1995, the District Court (Magistrate Judge Robert A. Steinberg) approved the consent decree. The objectives of the consent decree were (1) to reduce the disabling effects of serious mental illness and enhance the inmate's ability to function within the prison environment, (2) to reduce or, when possible, eliminate the needless extremes of human suffering caused by serious mental illness, and (3) to maximize the safety of the prison environment for staff, inmates, volunteers, visitors, and any other persons on prison premises. The defendants were required to provide an initial intake mental health screening upon all inmates' admission to the prison system, to provide inmates with information regarding access to mental health care, to hire additional mental health staff, to provide inpatient hospital beds for seriously mentally ill inmates, and to establish procedures for the administration of medications. The consent decree further provided for the development of written policies and procedures regarding the use of physical restraints and confinement in dealing with mentally ill inmates. Professor Fred Cohen was appointed as the overall monitor of the provisions of the consent decree. The court retained jurisdiction for the purpose of enforcement of the consent decree for a period of five years.

On September 19, 2000, the consent decree was terminated. The case is closed.

Summary Authors

Kaitlin Corkran (6/4/2006)

People


Judge(s)

Hogan, Timothy Sylvester (Ohio)

Steinberg, Robert (Ohio)

Attorneys(s) for Plaintiff

Gerhardstein, Alphonse A. (Ohio)

Newman, Robert B. (Ohio)

Attorneys(s) for Defendant

Bergman, Andrew (Ohio)

Clark, Jeffery William (Ohio)

Mancini, Joseph Matthew (Ohio)

Reese, Mary Anne (Ohio)

Weaver, Diane Marie (Ohio)

Williams, John T. (Massachusetts)

Judge(s)

Hogan, Timothy Sylvester (Ohio)

Steinberg, Robert (Ohio)

Attorneys(s) for Plaintiff

Gerhardstein, Alphonse A. (Ohio)

Newman, Robert B. (Ohio)

Attorneys(s) for Defendant

Bergman, Andrew (Ohio)

Clark, Jeffery William (Ohio)

Mancini, Joseph Matthew (Ohio)

Reese, Mary Anne (Ohio)

Weaver, Diane Marie (Ohio)

Williams, John T. (Massachusetts)

Documents in the Clearinghouse

Document

1:93-cv-00166

Docket (PACER)

Dunn v. Dallman

Nov. 15, 2000

Nov. 15, 2000

Docket
22

1:93-cv-00166

Complaint

Oct. 6, 1993

Oct. 6, 1993

Complaint
72

1:93-cv-00166

Consent Decree

July 11, 1995

July 11, 1995

Order/Opinion

Resources

Docket

Last updated Aug. 13, 2022, 3:19 a.m.

ECF Number Description Date Link Date / Link
1

MOTION by plaintiff to proceed in forma pauperis ( no pgs: 4) (wy) (Entered: 03/17/1993)

March 12, 1993

March 12, 1993

2

ORDER by Mag. Judge Robert A. Steinberg granting motion to proceed in forma pauperis [1-1] (cc: all counsel) ( no pgs: 1) (wy) (Entered: 03/17/1993)

March 12, 1993

March 12, 1993

3

COMPLAINT (Summons issued) (referred to Mag. Judge Robert A. Steinberg ) ( no. pgs: 4) (wy) (Entered: 03/17/1993)

March 12, 1993

March 12, 1993

4

NOTICE to pro se litigants on applicable court procedures ( no pgs: 2) (wy) (Entered: 03/17/1993)

March 12, 1993

March 12, 1993

5

MOTION by defendants to dismiss for lack of jurisdiction ( no pgs: 10) (wy) (Entered: 04/19/1993)

April 19, 1993

April 19, 1993

6

NOTICE to plaintiff upon filing by defts of mot. to dismiss and/or mot. for summ. J. ( no pgs: 1) (wy) (Entered: 04/20/1993)

April 20, 1993

April 20, 1993

7

ORDER by Mag. Judge Robert Steinberg ; Deadline for amending complaint to add party: June 21, 1993; Discovery ddl set for 9/20/93 ; Mtn filing ddl is set for: 10/20/93 (cc: ptnr via cert mail/counsel) ( no pgs: 1) (wy) Modified on 05/14/1993 (Entered: 04/29/1993)

April 29, 1993

April 29, 1993

8

ORDER by Mag. Judge Robert Steinberg that parties to file narrative written statement of facts. (cc: Ptnr via cert. mail/ counsel) ( no pgs: 2) (wy) Modified on 05/14/1993 (Entered: 04/29/1993)

April 29, 1993

April 29, 1993

9

MOTION by plaintiff to extend time for 20 days to respond to motion to dismiss/summ.J. ( no pgs: 2) (wy) (Entered: 05/07/1993)

May 7, 1993

May 7, 1993

NOTATION ORDER by Mag. Judge Robert A. Steinberg granting motion to extend time for 20 days to respond to motion to dismiss/summ.J. [9-1] (cc: all counsel) (mb) (Entered: 05/14/1993)

May 14, 1993

May 14, 1993

10

RESPONSE by plaintiff to motion to dismiss/Summ. J. [5-1] ( no pgs: 4) (wy) (Entered: 05/21/1993)

May 21, 1993

May 21, 1993

11

RETURN OF SERVICE executed upon defendant William H Dallman, defendant Richard Korwzalzs, defendant C O Land on 3/31/93; RETURNED UNEXECUTED as to defts Lawson and Campbell. ( no pgs: 24) (wy) (Entered: 05/24/1993)

May 21, 1993

May 21, 1993

12

RESPONSE by plaintiff to motion to dismiss for lack of jurisdiction [5- 1] ( no pgs: 3) (wy) (Entered: 06/07/1993)

June 7, 1993

June 7, 1993

NARRATIVE STATEMENT by plaintiff ( no pgs: 4) (wy) (Entered: 06/07/1993)

June 7, 1993

June 7, 1993

15

RESPONSE by plaintiff Juan Dunn to motion to dismiss [5-1] ( no pgs: 3) (wy) (Entered: 06/22/1993)

June 22, 1993

June 22, 1993

16

MOTION by plaintiff for preliminary injunction relief against defts herein ( no pgs: 4) (wy) (Entered: 06/30/1993)

June 30, 1993

June 30, 1993

17

RESPONSE by defendants to motion for preliminary injunction relief [16-1] ( no pgs: 7) (wy) (Entered: 07/15/1993)

July 15, 1993

July 15, 1993

18

ATTORNEY APPEARANCE for plaintiff by Robert B Newman ( no pgs: 2) (wy) (Entered: 08/27/1993)

Aug. 26, 1993

Aug. 26, 1993

19

NOTICE of phone conference before MJ Steinberg in order to schedule calendar dates (cc: all counsel) (mb) (Entered: 09/08/1993)

Sept. 8, 1993

Sept. 8, 1993

20

SUPPLEMENTAL MOTION by defendants to dismiss pltf's claim ( no pgs: 5) (wy) (Entered: 09/09/1993)

Sept. 9, 1993

Sept. 9, 1993

21

ORDER by Honorable Robert A. Steinberg Pltf. is given until 10/15/93 to file an amended complaint. Defs. may then renew their motion to dismiss, if appropriate, without refiling. All pending motions are MOOT. 12/21/93 DDL; 1/24/94 Motions Deadline; 4/94 FPTC; 5/94 trial. Pretrial packet sent (cc: all counsel) (no pgs: 2) (mb) (Entered: 09/21/1993)

Sept. 21, 1993

Sept. 21, 1993

22

AMENDED COMPLAINT by Juan Dunn adding Jeffrey D Hartwell, Mario Henderson, Donald J Hall, Eugene T Lemmons, Donald M Glenn, Lewis Williams Jr, Jose H Machin, John Thomas Mayher II, Thomas Ruffing, George V Voinovich, Ohio Dept of Rehab, Reginald A Wilkinson, Dept of Mental Health, Michael F Hogan ( no pgs: 15) (wy) (Entered: 10/06/1993)

Oct. 6, 1993

Oct. 6, 1993

23

MOTION by plaintiffs to certify class action ( no pgs: 16) (wy) (Entered: 10/06/1993)

Oct. 6, 1993

Oct. 6, 1993

24

ATTORNEY APPEARANCE for plaintiff by Alphonse A Gerhardstein ( no pgs: 1) (wy) (Entered: 10/25/1993)

Oct. 25, 1993

Oct. 25, 1993

25

MOTION by defts: Jeffrey D Hartwell, Donald J Hall, Eugene T Lemmons, Donald M Glenn, Jose H Machin, Thomas Ruffing for temporary restraining order/preliminary injunction ( no pgs: 3) (wy) (Entered: 10/29/1993)

Oct. 29, 1993

Oct. 29, 1993

26

MEMORANDUM by plaintiffs in support of motion for temporary restraining order/preliminary injunction [25-1] ( no pgs: 8) (wy) (Entered: 10/29/1993)

Oct. 29, 1993

Oct. 29, 1993

27

ATTORNEY APPEARANCE for defendant Dept of Mental Health, defendant Michael F Hogan by Diane Marie Weaver ( no pgs: 2) (wy) (Entered: 11/01/1993)

Nov. 1, 1993

Nov. 1, 1993

28

STIPULATION for extension of time until 11/19/93 to respond to Amended Complaint by Ohio Dept of Mental Health ( no pgs: 3) (wy) (Entered: 11/01/1993)

Nov. 1, 1993

Nov. 1, 1993

29

NOTICE by plaintiff of taking depositions of Dr. Sylvester Briggs & Jessica Byrd on 11/12/93 at 10:00 a.m. ( no pgs: 4) (wy) (Entered: 11/04/1993)

Nov. 3, 1993

Nov. 3, 1993

30

NOTICE by plaintiff of taking deposition of Nate Sidharta, M.D. on 11/15/93 at 10:00 a.m. ( no pgs: 5) (wy) (Entered: 11/04/1993)

Nov. 3, 1993

Nov. 3, 1993

31

MOTION by plaintiffs to view Lima Correctional Inst. and for a hearing to be held at Lima Correctional Inst. ( no pgs: 3) (mb) (Entered: 11/15/1993)

Nov. 3, 1993

Nov. 3, 1993

32

NOTICE of Phone Conf. set for 11/29/93 at 9:30 a.m., before MJ Steinberg (cc: all counsel) (mb) (Entered: 11/15/1993)

Nov. 4, 1993

Nov. 4, 1993

33

NOTICE of hearing on pltfs' motion for TRO (Doc. 25) set for 12/10/93 at 9:30 a.m. before MJ Steinberg (cc: all counsel) (mb) (Entered: 11/15/1993)

Nov. 4, 1993

Nov. 4, 1993

34

MOTION by plaintiffs to produce medical records ( no pgs: 6) (mb) (Entered: 11/15/1993)

Nov. 12, 1993

Nov. 12, 1993

35

ANSWER by defendant Dept of Mental Health; and, defendant Michael F Hogan ( no pgs: 13) (wy) (Entered: 11/19/1993)

Nov. 19, 1993

Nov. 19, 1993

36

MOTION by defendant Dept of Mental Health to dismiss for lack of jurisdiction ( no pgs: 5) (wy) (Entered: 11/19/1993)

Nov. 19, 1993

Nov. 19, 1993

37

ANSWER by defendant George V Voinovich, Governor of the State of Ohio ( no pgs: 9) (wy) (Entered: 11/19/1993)

Nov. 19, 1993

Nov. 19, 1993

38

RESPONSE by defendant Ohio Dept of Rehabilitation & Correction (DRC); and, defendant Reginald A Wilkinson to motion to certify class action [23-1] ( no pgs: 3) (wy) (Entered: 11/22/1993)

Nov. 19, 1993

Nov. 19, 1993

39

ANSWER by defendant Ohio Dept of Rehabilitation & Correction; and, defendant Reginald Wilkinson; with jury demand ( no pgs: 4) (wy) (Entered: 11/22/1993)

Nov. 19, 1993

Nov. 19, 1993

40

ORDER OF USCA 6th: that petition for writ of mandamus is dismissed as frivolous. ( no pgs: 2) (wy) Modified on 12/03/1993 (Entered: 12/01/1993)

Nov. 29, 1993

Nov. 29, 1993

41

ORDER by Mag. Judge Robert A. Steinberg granting motion to produce psychological, psychiatric & medical records [34-1] (cc: all counsel) ( no pgs: 2) (wy) Modified on 12/03/1993 (Entered: 11/30/1993)

Nov. 30, 1993

Nov. 30, 1993

42

MOTION by plaintiffs for order of app't of Court expert witnesses ( no pgs: 4 + attachment) (wy) (Entered: 12/07/1993)

Dec. 6, 1993

Dec. 6, 1993

43

RESPONSE by plaintiffs to motion to dismiss for lack of jurisdiction [36-1] ( no pgs: 2) (wy) (Entered: 12/09/1993)

Dec. 9, 1993

Dec. 9, 1993

44

RESPONSE by defts: Ohio Dept of Mental Health; and, Michael F Hogan to motion to certify class action [23-1] ( no pgs: 3) (wy) (Entered: 12/29/1993)

Dec. 29, 1993

Dec. 29, 1993

45

RESPONSE by defendant George V Voinovich to motion to certify class action [23-1] ( no pgs: 3) (wy) (Entered: 01/05/1994)

Jan. 3, 1994

Jan. 3, 1994

46

INTERIM ORDER by Mag. Judge Robert A. Steinberg ; Removed from the Trial docket until 7/15/94 in order that parties may attempt to resolve litigation (cc: all counsel) ( no pgs: 3 + exhibit) (wy) (Entered: 01/26/1994)

Jan. 25, 1994

Jan. 25, 1994

47

ORDER by Mag. Judge Robert A. Steinberg withdrawing motion for preliminary injunction [16-1], withdrawing motion to dismiss [5-1] (cc: all counsel) ( no pgs: 1) (wy) (Entered: 02/10/1994)

Feb. 10, 1994

Feb. 10, 1994

48

ATTORNEY APPEARANCE for plaintiff by William M. Saks, on behalf of pltfs, Juan Dunn, et al. ( no pgs: 2) (wy) (Entered: 04/18/1994)

April 18, 1994

April 18, 1994

49

JOINT MOTION to extend time to 8/29/94 by which experts to render their report ( no pgs: 2) (wy) (Entered: 06/09/1994)

June 8, 1994

June 8, 1994

NOTATION ORDER by Mag. Judge Robert A. Steinberg granting motion to extend time to Aug 29, 1994 [49-1] (cc: all counsel) (wy) (Entered: 06/20/1994)

June 20, 1994

June 20, 1994

50

ORDER by Mag. Judge Robert A. Steinberg: Upon advice of the moving parties, and with the consent of the court, the following motions are moot: the motion for order of app't of Court expert witnesses [42-1] moot., the motion to dismiss for lack of jurisdiction [36-1] moot., the motion to view Lima Correctional Inst. and for a hearing to be held at Lima Correctional Inst. [31-1] moot., the motion for temporary restraining order/preliminary injunction [25-1] moot., the motion to dismiss pltf's claim [20-1] moot. (cc: all counsel) (no pgs: 2) (mb) (Entered: 09/08/1994)

Sept. 8, 1994

Sept. 8, 1994

51

Stipulation and ORDER by Mag. Judge Robert A. Steinberg : the Answer date of deft, ODMH is hereby stayed. (cc: all counsel) ( no pgs: 2) (wy) (Entered: 09/22/1994)

Sept. 22, 1994

Sept. 22, 1994

52

ORDER by Mag. Judge Robert A. Steinberg ; Status report to the Court; ddl no later than 10/12/94 (cc: all counsel) ( no pgs: 1) (wy) (Entered: 09/30/1994)

Sept. 30, 1994

Sept. 30, 1994

53

NOTICE of ; Status conference in Rm 706 3:00 10/13/94 (cc: all counsel) (wy) (Entered: 10/06/1994)

Oct. 6, 1994

Oct. 6, 1994

54

JOINT STATUS REPORT ( no pgs: 2 faxed) (wy) (Entered: 10/13/1994)

Oct. 12, 1994

Oct. 12, 1994

55

ORDER by Mag. Judge Robert A. Steinberg ; Trial is STAYED due to parties' active settlement negotiations Parties will report status of settlement negotiations by December 7, 1994. (cc: all counsel) ( no pgs: 2) (wy) (Entered: 10/17/1994)

Oct. 17, 1994

Oct. 17, 1994

56

JOINT STATUS REPORT ( no pgs: 2) (wy) (Entered: 12/08/1994)

Dec. 7, 1994

Dec. 7, 1994

58

MOTION by plaintiff to certify class action ( no pgs: 8+) (vp) (Entered: 02/28/1995)

Feb. 24, 1995

Feb. 24, 1995

59

RESPONSE by defendants to motion to certify class action [58-1] ( no pgs: 3) (vp) (Entered: 03/17/1995)

March 16, 1995

March 16, 1995

60

ORDER by Mag. Judge Robert A. Steinberg the parties shall distribute the attached notice to the class by insuring that the notice is posted no later than 4/20/95 in all of the cellblocks, living areas and law libraries in all of the institutionshousing adult prisoners and operated by the defts in the State of Ohio (cc: all counsel) ( no pgs: 1+) (vp) (Entered: 04/17/1995)

April 17, 1995

April 17, 1995

61

NOTICE of hearing by MJ Steinberg setting hrg on motion to class certification [58-1] at 10:00 on 6/7/95 and fairness hearing set for 7/10/95 at 10:00 (cc: all counsel) (vp) (Entered: 04/19/1995)

April 19, 1995

April 19, 1995

62

JOINT MOTION to approve notice to class of proposed settlement AND JOINT MOTION to approve consent decree (Notice of court hearing seeking approval of proposed consent decree attached) (no pgs: 10) (mb) (Entered: 05/24/1995)

May 18, 1995

May 18, 1995

63

AGREED ORDER by Mag. Judge Robert A. Steinberg granting motion to approve notice to class of proposed settlement AND JOINT MOTION to approve consent decree (Notice of court hearing seeking approval of proposed consent decree attached) [62-1] (cc: all counsel) (no pgs: 1) (mb) (Entered: 05/24/1995)

May 18, 1995

May 18, 1995

64

ORDER by Judge S. A. Spiegel upon consent of parties, this case referred to Mag. Judge Robert A. Steinberg for final disposition any appeal will be to the US Court of Appeals for the Sixth Circuit (cc: all counsel) ( no pgs: 1) (vp) (Entered: 05/30/1995)

May 30, 1995

May 30, 1995

65

Summary of RESPONSE by plaintiffs to [63-1] order by MJ Steinberg with notice attached ( no pgs: 4) (vp) (Entered: 06/05/1995)

June 2, 1995

June 2, 1995

66

Addendum/Supplement by plaintiff re response [65-1] ( no pgs: 4) (vp) (Entered: 06/06/1995)

June 5, 1995

June 5, 1995

67

CIVIL MINUTES: Proceeding before Mag. Judge Robert A. Steinberg on the motion to certify class action [58-1] on 6/7/95. No objections. Class will be certified. iAngie Portune (Merit), Ct. Reporter (no pgs: 1) (mb) (Entered: 06/07/1995)

June 7, 1995

June 7, 1995

68

ORDER by Mag. Judge Robert A. Steinberg granting motion to certify class action [58-1] (cc: all counsel) ( no pgs: 5) (mb) (Entered: 06/07/1995)

June 7, 1995

June 7, 1995

69

MOTION by plaintiff Juan Dunn to extend time to file objection to settlement decree ( no pgs: 1) (vp) (Entered: 07/07/1995)

July 7, 1995

July 7, 1995

71

CIVIL MINUTES: Proceeding before Mag. Judge Robert A. Steinberg; case called before MJ Steinberg; counsel present; Mr Cohen summarizes what steps were taken in order to reach the consent decree; future cases where inmates are complaining of mental health and whether class counsel will also be notified; Mr Newman & Mr Gehardstein to notify the court of their decision at a later date; consent decree to be signed by Court today; Lee Ann Williams Court Reporter (Merit) (cc: all counsel) ( no pgs: 1) (vp) (Entered: 07/11/1995)

July 11, 1995

July 11, 1995

72

CONSENT DECREE by Mag. Judge Robert A. Steinberg parties are to comply with the terms and conditions set forth in consent decree hereby dismissing case with prejudice since claims for declaratory and injunctive relieve have been resolved; court retains jurisdiction over decree for enforcement; if legal action is pursued to enforce the terms of this consent it shall be brought in the form of a motion to reopen the case (cc: all counsel) ( no pgs: 33) (vp) (Entered: 07/11/1995)

July 11, 1995

July 11, 1995

NOTATION ORDER by Mag. Judge Robert A. Steinberg denying motion to extend time to file objection to settlement decree [69-1] (cc: all counsel) (ph) (Entered: 07/17/1995)

July 14, 1995

July 14, 1995

73

AGREED ORDER by Mag. Judge Robert A. Steinberg that pltfs have 30 days from this date to file an application for attys fees if the matter is not resolved by settlement (cc: all counsel) ( no pgs: 1) (vp) (Entered: 07/21/1995)

July 21, 1995

July 21, 1995

74

STIPULATED JUDGMENT as to attorneys' fees signed by Mag. Judge Robert A. Steinberg (cc: all counsel) ( no pgs: 1) (mb) (Entered: 07/26/1995)

July 26, 1995

July 26, 1995

75

STIPULATED JUDGMENT ENTRY by Mag Judge Lynn V. Hooe; Defts to pay attys fees as listed to Pltfs counsel for atty fee claim through 12/31/95 (cc: all counsel) ( no pgs: 1) (dm) (Entered: 02/09/1996)

Feb. 9, 1996

Feb. 9, 1996

76

Stipulation and ORDER by Mag Judge Lynn V. Hooe : vacating [75-1] judgment for judgment ; parties stipulate and Court orders defts to pay the atty fees to pltfs counsel for respect atty fee claims through 12/31/95 (cc: all counsel) ( no pgs: 1) (vp) (Entered: 03/27/1996)

March 27, 1996

March 27, 1996

77

ORDER by Mag. Judge Timothy S. Hogan party stipulation that the defts shall pay atty fees to pltfs counsel for claims from 1/1/96 through 9/11/96 (cc: all counsel) ( no pgs: 1) (vp) (Entered: 10/18/1996)

Oct. 18, 1996

Oct. 18, 1996

78

Stipulation and Judgment ENTRY/ORDER by Mag. Judge Timothy S. Hogan and parties; Defts to pay attorney fees to pltfs counsel for claims from 9/12/96 through 4/30/97 as set forth in this entry (cc: all counsel) ( no pgs: 1) (tt) (Entered: 06/13/1997)

June 13, 1997

June 13, 1997

79

MOTION by movants James R Eubank and Coy R Troutman for order to show cause why defts should not be held in contempt ( no pgs: ) (ph) (Entered: 06/26/1997)

June 25, 1997

June 25, 1997

80

MOTION by movants James R Eubank and Coy R Troutman for temporary restraining order , and for preliminary injunction ( no pgs: ) (ph) (Entered: 06/26/1997)

June 25, 1997

June 25, 1997

81

MEMORANDUM by defendants in opposition to pltfs Eubanks and Troutmans motions for TRO; prel inj and to show cause why defts should not be held in contempt [80-1] [80-2], [79-1] ( no pgs: 3) (vp) (Entered: 07/22/1997)

July 21, 1997

July 21, 1997

82

MOTION by James R Eubank and Coy R Troutman for enjoin and to reopen the case ( no pgs: 3) (vp) (Entered: 07/29/1997)

July 28, 1997

July 28, 1997

83

MEMORANDUM by defendant in opposition to motions to enjoin and reopen case [82-1] [82-2] ( no pgs: 3) (vp) (Entered: 08/15/1997)

Aug. 15, 1997

Aug. 15, 1997

84

MOTION by movant Bo Guess to enforce consent decree ( no pgs: 8) (km) (Entered: 10/27/1997)

Oct. 27, 1997

Oct. 27, 1997

85

ORDER by Mag. Judge Timothy S. Hogan on pltfs Bo Guess motion to enforce [84-1]; clerk to refer copy of order and motion to Class counsel to determine whether inmate is member of class; class counsel to inform court status of Mr Guess; copy of order and motion sent to Professor Fred Cohen monitor appointed in case (cc: all counsel) ( no pgs: 2) (vp) (Entered: 11/13/1997)

Nov. 13, 1997

Nov. 13, 1997

86

ORDER by Mag. Judge Timothy S. Hogan regarding motions by Eubank and Troutman [79-1][80-1][80-2][82-1][82-2]; clerk to forward copy of order and motion to class counsel whether pro se pltfs are w/in parameters of class; class counsel to notify court of status of Messrs Troutman and Eubank; copy of order and motion sent to Monitor Professor Fred Cohen (cc: all counsel) ( no pgs: 2) (vp) (Entered: 11/13/1997)

Nov. 13, 1997

Nov. 13, 1997

87

RESPONSE/STATUS REPORT by class counsel pursuant to orders [86- 1][85-1] regarding status of Eubanks and Troutman ( no pgs: 2) (vp) (Entered: 11/20/1997)

Nov. 19, 1997

Nov. 19, 1997

Mail Returned [86-1], [85-1] addressed to James R Eubank for movant James R Eubank (vp) (Entered: 11/24/1997)

Nov. 21, 1997

Nov. 21, 1997

88

MOTION by plaintiff Bo Guess for protective order , and to compel defendants to comply with court order ( no pgs: 5+) (km) (Entered: 11/26/1997)

Nov. 26, 1997

Nov. 26, 1997

89

RESPONSE by defendants to courts order by MJ Hogan [85-1] ( no pgs: 3) (vp) (Entered: 12/05/1997)

Dec. 4, 1997

Dec. 4, 1997

90

EMERGENCY NOTICE by plaintiff Bo Guess of intent to kill, maim, blind and capture SOCF prison staff by self-law to protect and stop crimes ( no pgs: 15) (km) (Entered: 12/11/1997)

Dec. 11, 1997

Dec. 11, 1997

92

MOTION by plaintiff Bo Guess to enforce order , for order directing counsel to serve pltf with docs filed with court , and for order placing pltf in RTU ( no pgs: 2) (km) (Entered: 12/19/1997)

Dec. 19, 1997

Dec. 19, 1997

93

MOTION by plaintiff Bo Guess to sanction compel or replace class counsel Robert Newman and judicial notice ( no pgs: 3) (km) Modified on 12/29/1997 (Entered: 12/29/1997)

Dec. 29, 1997

Dec. 29, 1997

94

MOTION by plaintiff Bo Guess for protective order ( no pgs: 8) (km) (Entered: 01/07/1998)

Jan. 7, 1998

Jan. 7, 1998

95

MOTION by movant William Ivory for permissive joinder in action as plaintiff ( no pgs: 2) (km) Modified on 01/16/1998 (Entered: 01/16/1998)

Jan. 14, 1998

Jan. 14, 1998

96

MOTION by movants Orsino Iacovone, John J Santine, Montax Pagan Juan Carlos, Don L McDonald, David King and Shaun A McBrown for temporary restraining order ( no pgs: 2+) (km) Modified on 01/16/1998 (Entered: 01/15/1998)

Jan. 15, 1998

Jan. 15, 1998

97

MOTION by defendants to dismiss petitioners motion for temporary restraining order [96-1] ( no pgs: 3) (km) (Entered: 01/21/1998)

Jan. 21, 1998

Jan. 21, 1998

98

NOTICE of hearing ; Status conference SET FOR 9:30 2/9/98 before MJ Hogan (cc: all counsel) (vp) (Entered: 01/28/1998)

Jan. 28, 1998

Jan. 28, 1998

Mail Returned, [98-2] addressed to James R Eubank for movant James R Eubank (vp) (Entered: 02/09/1998)

Feb. 6, 1998

Feb. 6, 1998

99

ORDER by Mag. Judge Timothy S. Hogan ;telephone conf on status report to be held at 4:30 3/9/98 ; Status report ddl 3/6/98 ; copies of motions sent to class counsel and counsel for defts (cc: all counsel) ( no pgs: 1) (vp) (Entered: 02/10/1998)

Feb. 10, 1998

Feb. 10, 1998

Case Details

State / Territory: Ohio

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: March 3, 1993

Closing Date: 2000

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All mentally ill inmates who were or would be confined in one of the State of Ohio's prison system facilities.

Public Interest Lawyer: Yes

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State of Ohio, State

Department of Rehabilitation and Correction, State

Department of Mental Health, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1995 - 2000

Issues

General:

Assault/abuse by residents/inmates/students

Disciplinary segregation

Restraints : physical

Medical/Mental Health:

Mental health care, general

Type of Facility:

Government-run