Case: Busey v. Corrections Corp

4:97-cv-01995 | U.S. District Court for the Northern District of Ohio

Filed Date: July 31, 1997

Closed Date: 1999

Clearinghouse coding complete

Case Summary

On 07/31/1997, inmates at the Northeast Ohio Correctional Center (NOCC), represented by, among others, D.C. Prisoners' Legal Services Project, filed a Section 1983 class action suit in the Northern District of Ohio against The Corrections Corporation of America and the Government of the District of Columbia. NOCC is Ohio's only private prison and was used to house inmates from Washington, D.C. In 1997, twenty inmates were stabbed and two were murdered. Plaintiffs alleged injuries due to exce…

On 07/31/1997, inmates at the Northeast Ohio Correctional Center (NOCC), represented by, among others, D.C. Prisoners' Legal Services Project, filed a Section 1983 class action suit in the Northern District of Ohio against The Corrections Corporation of America and the Government of the District of Columbia. NOCC is Ohio's only private prison and was used to house inmates from Washington, D.C. In 1997, twenty inmates were stabbed and two were murdered. Plaintiffs alleged injuries due to excessive force, failure to protect, and failure to provide adequate medical care. Plaintiffs requested relief requiring reclassification of the inmate population, improved security, improved medical care, damages and attorneys' fees.

Following extensive discovery, the parties reached a settlement agreement in March 1999. The settlement included $1,650,000.00 in damages to be held in a settlement fund, modified classification procedures, improved security, and improved medical services. The settlement also provided for a full-time prison monitor and medical monitor to review compliance with medical standards.

The District Court (Judge Dan A. Polster) preliminarily approved the settlement pending a fairness hearing. In April 1999, Judge Polster entered an order approving the proposed class action settlement and dismissed the case with prejudice. Litigation over the distribution of damages and attorneys fees continued until 2002.

Summary Authors

Eoghan Keenan (6/10/2005)

People


Judge(s)

Polster, Dan A. (Ohio)

Attorneys(s) for Plaintiff

Branch, Jennifer L. (Ohio)

Brown, Max J. (District of Columbia)

Gerhardstein, Alphonse A. (Ohio)

Hunt, JuanCarlos M. (Ohio)

Nance, Frederick R. Jr. (Ohio)

Sennett, Marie-Ann (District of Columbia)

Smith, Jonathan Mark (District of Columbia)

Attorneys(s) for Defendant

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

Bojanowski, Timothy James (Ohio)

Judge(s)

Polster, Dan A. (Ohio)

Attorneys(s) for Plaintiff

Branch, Jennifer L. (Ohio)

Brown, Max J. (District of Columbia)

Gerhardstein, Alphonse A. (Ohio)

Hunt, JuanCarlos M. (Ohio)

Nance, Frederick R. Jr. (Ohio)

Sennett, Marie-Ann (District of Columbia)

Smith, Jonathan Mark (District of Columbia)

Attorneys(s) for Defendant

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

Bojanowski, Timothy James (Ohio)

Draycott, Justin (District of Columbia)

Ferren, John M. (District of Columbia)

Fickes, John C. (Ohio)

Klein, Paul (District of Columbia)

Lerner, Jacques Phillip (District of Columbia)

Prager, Lutz Alexander (District of Columbia)

Rauh, Michael (District of Columbia)

Struck, Daniel Patrick (Arizona)

Utiger, Robert C. (District of Columbia)

Valentine, George C. (District of Columbia)

Other Attorney(s)

Barbee, Davis S. (Ohio)

Bush, Robert Edward Jr. (Ohio)

Roberts, James E. (Ohio)

Expert/Monitor/Master

Schmitt, Richard P. (District of Columbia)

Documents in the Clearinghouse

Document

Docket (PACER)

Busey v. Corrections

Oct. 11, 2002 Docket
343

Order Preliminarily Approving Settlement, Authorizing class notice, and setting fairness hearing

In Re: Northeast Ohio Correctional Center

March 1, 1999 Order/Opinion
342

Settlement Agreement

In Re: Northeast Ohio Correctional Center

March 1, 1999 Settlement Agreement
344

Notice of Proposed Class Action Settlement

In Re: Northeast Ohio Correctional Center

March 1, 1999 Notice Letter

Settlement Announced in Youngstown Private Prison Case, Press Release

In Re: Northeast Ohio Correctional Center

No Court

March 1, 1999 Press Release
345

Order Regarding Settlement Administration

In Re: Northeast Ohio Correctional Center

March 1, 1999 Order/Opinion
346

Order Consolidating Actions with Class Action

In Re: Northeast Ohio Correctional Center

March 3, 1999 Order/Opinion

Docket

Last updated May 11, 2022, 8 p.m.

Docket sheet not available via the Clearinghouse.

State / Territory: Ohio

Case Type(s):

Prison Conditions

Key Dates

Filing Date: July 31, 1997

Closing Date: 1999

Case Ongoing: No

Plaintiffs

Plaintiff Description:

inmates at the Northeast Ohio Correctional Center

Public Interest Lawyer: Yes

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Northeast Ohio Correctional Center, Private Entity/Person

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

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: 1999 - None

Issues

General:

Administrative segregation

Assault/abuse by residents/inmates/students

Assault/abuse by staff

Classification / placement

Personal injury

Staff (number, training, qualifications, wages)

Medical/Mental Health:

Medical care, general

Type of Facility:

Non-government for profit