Case: Morris v. Voinovich

1:93-cv-00436 | U.S. District Court for the Southern District of Ohio

Filed Date: June 28, 1993

Closed Date: 2007

Clearinghouse coding complete

Case Summary

On 06/28/1993, inmates at the Southern Ohio Correctional Facility filed a Section 1983 class action suit, pro se, in the Southern District of Ohio against officials in Youngstown, Ohio of the Ohio Department of Rehabilitation and Correction. Plaintiffs' claims were related to the treatment of prisoners during the prison riot that occurred in April 1993. Plaintiffs alleged that defendants locked as many as ten inmates in a cell, failed to protect them from violence, did not provide them with w…

On 06/28/1993, inmates at the Southern Ohio Correctional Facility filed a Section 1983 class action suit, pro se, in the Southern District of Ohio against officials in Youngstown, Ohio of the Ohio Department of Rehabilitation and Correction. Plaintiffs' claims were related to the treatment of prisoners during the prison riot that occurred in April 1993. Plaintiffs alleged that defendants locked as many as ten inmates in a cell, failed to protect them from violence, did not provide them with water or working toilets, used excessive force, destroyed personal property, and denied medical care.

In December 1993, Magistrate Judge Robert A. Steinberg appointed several private lawyers and certified the class. By the summer of 1994, counsel, along with their expert Steven Martin, negotiated an end to the post-riot lockdown of general population inmates. By February 1995, counsel negotiated with Defendants for a special Rules Infraction Board to handle the cases of inmates against whom administrative charges for riot-related, violent misconduct were filed.

Following extensive discovery, the parties reached an agreement and signed the Class Action Memorandum of Understanding in January 1997. The settlement included two major parts. First, the settlement established terms to improve the ""quality of life"" including: single-celling maximum security inmates; modifying the inmate classification system; improving racial and cultural relations; securing at least forty hours of out-of-cell time per week; and instituting new state-wide directives on religious practices. Second, the settlement established a $4.1 million fund, from which inmate damage claims, attorneys' fees and expenses would be paid. The case was dismissed conditional on completion of the reforms specified in the settlement agreement. Following a fairness hearing, the District Court (Judge S. Arthur Spiegel) approved the settlement in April 1997.

Michael R. Barrett was named Special Master and has filed several status reports regarding the distribution of the fund. However, extensive litigation continued regarding the distribution of the fund and attorneys' fees.

On December 12, 1999, the District Court (Judge Spiegel) approved a recommendation by the claims administrator that the two class representatives be paid $7,500 apiece.

The stated basis for these awards was that "the class representatives performed important work on behalf of the other members of class and class counsel," serving as a "crucial link for class members and counsel throughout the proceedings" and keeping the "class members generally informed in the progress of the case and relay[ing] information back to

class counsel." In a subsequent order, the district court stayed its grant of incentive awards pending appeal.

In 2001, the Sixth Circuit (Judge David A. Nelson) reversed the district court's decision to grant incentive awards to the two named plaintiffs and place all inmates' claim determinations under protective order. In re Southern Ohio Correctional Facility, 2001 WL 1667267 (6th Cir. 2001).

On November 4, 2002, Judge Spiegel entered an order granting class counsel's request for an order increasing the awards to class members pro rata and ordering the settlement master/trustee to distribute $500,000 to be awarded on a pro rata basis on each claimant's previous award totals. In 2004, the Sixth Circuit reversed the district court's disbursement of unassigned funds to certain prisoner-class members. The court held that the settlement agreement did not authorize the district court to make a pro rata distribution of the remaining settlement funds. Morris v. Voinovich, 2004 WL 1745781 (6th Cir. 2004).

On January 20, 2005, Judge Spiegel approved the joint motion of the parties to distribute the remainder of the settlement fund. The remaining funds are to be used to support two re-entry caseworkers who will work with the class members to help them succeed on release. The court also acknowledged that sufficient effort had been made to attempt to track down all members of the class, and that the funds allocated to the former inmates who could not be traced were returned to the general pool. A second order on the same day awarded attorney’s fees to counsel representing the class. Funds were distributed between 2005 and 2007. The case is now closed.

Summary Authors

Kristen Sagar (8/19/2007)

Anna Dimon (2/2/2015)

Rachel Carpman (11/8/2018)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/13646992/parties/morris-v-voinovich/


Judge(s)

Batchelder, Alice Moore (Ohio)

Carr, James G. (Ohio)

Clay, Eric L. (Michigan)

Cole, Ransey Guy Jr. (Ohio)

Merritt, Frank S. (Ohio)

Nelson, David Aldrich (Ohio)

Spiegel, S. Arthur (Ohio)

Suhrheinrich, Richard Fred (Michigan)

Attorneys(s) for Plaintiff

Baker, Neal David (Ohio)

Chesley, Stanley Morris (Ohio)

Judge(s)

Batchelder, Alice Moore (Ohio)

Carr, James G. (Ohio)

Clay, Eric L. (Michigan)

Cole, Ransey Guy Jr. (Ohio)

Merritt, Frank S. (Ohio)

Nelson, David Aldrich (Ohio)

Spiegel, S. Arthur (Ohio)

Suhrheinrich, Richard Fred (Michigan)

Attorneys(s) for Plaintiff

Baker, Neal David (Ohio)

Chesley, Stanley Morris (Ohio)

DeMarco, Paul M. (Ohio)

Gerhardstein, Alphonse A. (Ohio)

Mezibov, Marc David (Ohio)

Stilz, Fay Elizabeth (Ohio)

Wolpert, Michael (Ohio)

Attorneys(s) for Defendant

Berry, John Franklin (Ohio)

Boyle, Sean OReilly (Ohio)

Carney, Stephen P. (Ohio)

Clark, Jeffery William (Ohio)

Cox, Joshua T. (Ohio)

Criss, M. Scott (Ohio)

Duvin, Robert Philip (Ohio)

Mancini, Joseph Matthew (Ohio)

Marti, Todd Robert (Ohio)

Messerman, Gerald Arthur (Ohio)

Montgomery, Betty D. (Ohio)

Myers, Robert Warren (Ohio)

Norchi, Kevin Michael (Ohio)

Trout, Gregory (Ohio)

Whiteley, Daniel Edward Jr. (Ohio)

Wolff, Robert M. (Ohio)

Other Attorney(s)

Schaefer, Christian Joseph (Ohio)

Zorn, Philip Lewis Jr. (Ohio)

Expert/Monitor/Master

Barrett, Michael Ryan (Ohio)

Martin, Steve J. (Texas)

Documents in the Clearinghouse

Document

1:93-cv-00436

Docket (PACER)

Jan. 12, 2011

Jan. 12, 2011

Docket
129

1:93-cv-00436

Order

In Re: Southern Ohio Correctional Facility

166 F.R.D. 391

April 24, 1996

April 24, 1996

Order/Opinion
187

1:93-cv-00436

Second Amended Class Action Complaint

In re: Southern Ohio Correctional Facility

1993 WL 13547951

July 19, 1996

July 19, 1996

Complaint
269

1:93-cv-00436

Class Action Memorandum of Understanding

In Re: Southern Ohio Correctional Facility

Jan. 22, 1997

Jan. 22, 1997

Pleading / Motion / Brief
332

1:93-cv-00436

Order

In Re: Southern Ohio Correctional Facility

173 F.R.D. 205

April 22, 1997

April 22, 1997

Order/Opinion
377

1:93-cv-00436

Order

In Re: Southern Ohio Correctional Facility

175 F.R.D. 270

July 24, 1997

July 24, 1997

Order/Opinion

97-04491

Unpublished Opinion

In Re: Southern Ohio Correctional Facility

U. S. Court of Appeals for the Sixth Circuit

191 F.3d 453

Sept. 24, 1999

Sept. 24, 1999

Order/Opinion

00-03454

00-03090

00-03455

Reported Opinion

In Re: Southern Ohio Correctional Facility

U. S. Court of Appeals for the Sixth Circuit

24 Fed.Appx. 520

Dec. 26, 2001

Dec. 26, 2001

Order/Opinion

03-03051

Opinion

In Re: Southern Ohio Correctional Facility

U. S. Court of Appeals for the Sixth Circuit

106 Fed.Appx. 962

July 29, 2004

July 29, 2004

Order/Opinion
1171

1:93-cv-00436

Order

In Re: Southern Ohio Correctional Facility

Jan. 18, 2005

Jan. 18, 2005

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/13646992/morris-v-voinovich/

Last updated Aug. 1, 2022, 3:05 a.m.

ECF Number Description Date Link Date / Link
1186

Protective Order

Dec. 7, 2020

Dec. 7, 2020

PACER
1186

Protective Order

Dec. 7, 2020

Dec. 7, 2020

PACER
1186

Protective Order

Dec. 7, 2020

Dec. 7, 2020

PACER
1

MOTION by plaintiff to proceed in forma pauperis ( no pgs: 1) (mb) Modified on 11/28/1994 (Entered: 11/28/1994)

June 28, 1993

June 28, 1993

1187

Order on Motion for Protective Order

Dec. 7, 2020

Dec. 7, 2020

PACER
2

ORDER by Mag. Judge Jack Sherman granting motion to proceed in forma pauperis [1−1] and STAYING service of complaint. Pltf. is ordered to amend his complaint within 20 days (cc: all counsel) ( no pgs: 1) (mb) (Entered: 11/28/1994)

June 28, 1993

June 28, 1993

1187

Order on Motion for Protective Order

Dec. 7, 2020

Dec. 7, 2020

PACER
1187

Order on Motion for Protective Order

Dec. 7, 2020

Dec. 7, 2020

PACER
1188

Mail Returned

Dec. 23, 2020

Dec. 23, 2020

PACER
3

COMPLAINT (Summonses NOT issued) (Referred to MJ Sherman) ( no. pgs: 3) (mb) (Entered: 11/28/1994)

June 28, 1993

June 28, 1993

1188

Mail Returned

Dec. 23, 2020

Dec. 23, 2020

PACER
1188

Mail Returned

Dec. 23, 2020

Dec. 23, 2020

PACER
1189

Mail Returned

Dec. 23, 2020

Dec. 23, 2020

PACER
1189

Mail Returned

Dec. 23, 2020

Dec. 23, 2020

PACER
4

NOTICE to pro se litigants on court procedures ( no pgs: 2) (mb) (Entered: 11/28/1994)

June 28, 1993

June 28, 1993

1189

Mail Returned

Dec. 23, 2020

Dec. 23, 2020

PACER
1190

Order

Dec. 30, 2020

Dec. 30, 2020

PACER
5

RETURN OF SERVICE executed upon defendant Arthur Tate Jr; and, Paul Thompson on 7/19/93 ( no pgs: 2) (wy) (Entered: 08/03/1993)

Aug. 2, 1993

Aug. 2, 1993

1190

Order

Dec. 30, 2020

Dec. 30, 2020

PACER
1190

Order

Dec. 30, 2020

Dec. 30, 2020

PACER
1191

Mail Returned

Jan. 5, 2021

Jan. 5, 2021

PACER
1191

Mail Returned

Jan. 5, 2021

Jan. 5, 2021

PACER
6

ORDER TO SHOW CAUSE by Mag. Judge Jack Sherman: pltf to SHOW CAUSE within 10 days why the Court should not dismiss this action for lack of prosecution. (cc: Ptnr via cert. mail/ counsel) ( no pgs: 1) (wy) (Entered: 08/12/1993)

Aug. 12, 1993

Aug. 12, 1993

1191

Mail Returned

Jan. 5, 2021

Jan. 5, 2021

PACER
7

ANSWER by defendant Arthur Tate Jr and Thompson ( no pgs: 3) (wy) (Entered: 09/01/1993)

Aug. 31, 1993

Aug. 31, 1993

8

MOTION by plaintiff to amend complaint to add party ( no pgs: 4) (wy) (Entered: 09/02/1993)

Sept. 2, 1993

Sept. 2, 1993

9

RESPONSE by plaintiff Darrin E Morris to [6−1] ( no pgs: 10) (wy) (Entered: 09/02/1993)

Sept. 2, 1993

Sept. 2, 1993

10

CALENDAR ORDER by Mag. Judge Jack Sherman ; Discovery ddl set for: 2/7/94 ; Mtn filing ddl set for: 4/7/94 (cc: all counsel) ( no pgs: 1) (wy) (Entered: 09/17/1993)

Sept. 17, 1993

Sept. 17, 1993

12

ATTORNEY SUBSTITUTION: terminating attorney Suzanne Ellen Mohr for Arthur Tate Jr and substituting attorney Robert Warren Myers ( no pgs: 2) (wy) (Entered: 09/23/1993)

Sept. 23, 1993

Sept. 23, 1993

13

MOTION by defendant for leave to depose plaintiff ( no pgs: 2) (wy) (Entered: 09/23/1993)

Sept. 23, 1993

Sept. 23, 1993

14

MOTION by plaintiff Darrin E Morris to extend time to prepare Narrative Stmt ( no pgs: 2) (dm) (Entered: 09/28/1993)

Sept. 27, 1993

Sept. 27, 1993

15

MOTION by plaintiff Darrin E Morris for appointment of counsel ( no pgs: 2) (dm) (Entered: 09/28/1993)

Sept. 27, 1993

Sept. 27, 1993

16

ORDER by Mag. Judge Jack Sherman granting motion for leave to depose plaintiff [13−1] (cc: all counsel) ( no pgs: 1) (wy) (Entered: 10/06/1993)

Oct. 6, 1993

Oct. 6, 1993

17

ORDER by Mag. Judge Jack Sherman granting motion to extend time for 90 days to file a Narrative Stmt [14−1] (cc: all counsel) ( no pgs: 1) (wy) (Entered: 10/18/1993)

Oct. 18, 1993

Oct. 18, 1993

18

ORDER by Mag. Judge Jack Sherman denying motion for appointment of counsel [15−1] (cc: Ptnr via cert. mail/ counsel) ( no pgs: 2) (wy) (Entered: 10/18/1993)

Oct. 18, 1993

Oct. 18, 1993

19

MOTION by plaintiff to extend time for deposition ( no pgs: 2) (wy) (Entered: 10/29/1993)

Oct. 28, 1993

Oct. 28, 1993

NOTATION ORDER by Mag. Judge Jack Sherman granting motion to extend time [19−1] (cc: all counsel) (wy) (Entered: 12/07/1993)

Dec. 6, 1993

Dec. 6, 1993

Deposition of Darrin Morris (wy) (Entered: 12/14/1993)

Dec. 14, 1993

Dec. 14, 1993

20

ORDER by Mag. Judge Robert A. Steinberg granting motion for appointment of counsel [15−1] and appointing the following law firms &individual attys. to act as counsel for pltf.: Dinsmore &Shohl; Al Gerhardstein; Sirkin, Pinales, Mezibov &Schwartz; and Waite, Schneider, Bayless &Chesley. They have agreed to explore the possibility of class action litigation in this case, which arises from the SOCF prison riot. (cc: all counsel) (no 2) (wy) Modified on 01/03/1994 (Entered: 12/17/1993)

Dec. 17, 1993

Dec. 17, 1993

21

ORDER by Mag. Judge Robert A. Steinberg ddl for amending complaint: 2/17/94; ddl for filing motion for class certification: 4/18/94 ; Trial set for 9:30 3/7/95 ; Discovery ddl set for 10/17/94 ; pretrial conf set for 2:30 2/3/95 ; Mtn filing ddl set for 12/1/94 (cc: all counsel) ( no pgs: 2) (wy) (Entered: 01/05/1994)

Jan. 5, 1994

Jan. 5, 1994

22

AGREED ORDER by Mag. Judge Robert A. Steinberg extending time to answer until 2/28/94 (cc: all counsel) ( no pgs: 1) (wy) (Entered: 02/18/1994)

Feb. 18, 1994

Feb. 18, 1994

23

MOTION by plaintiff to amend complaint ( no pgs: 2) (wy) (Entered: 02/28/1994)

Feb. 28, 1994

Feb. 28, 1994

NOTATION ORDER by Mag. Judge Robert A. Steinberg granting motion to amend complaint [23−1] (cc: all counsel) (wy) (Entered: 03/01/1994)

March 1, 1994

March 1, 1994

24

AMENDED COMPLAINT; (PRELIMINARY INJUNCTION requested); jury demand; and, adding pltf, Eugene K Adams; and, defts: George Voinovich, Reginald Wilkinson; and, Terry Collins ( no pgs: 13) (wy) (Entered: 03/01/1994)

March 1, 1994

March 1, 1994

25

ORDER by Mag. Judge Robert A. Steinberg consolidating cases. Case consolidated 1:93−cv−436 with member cases 1:93−cv−399, 1:93−cv−436, 1:93−cv−455, 1:93−cv−461, 1:93−cv−498, 1:93−cv−499, 1:93−cv−529 (consolidated on 3/31/94), 1:93−cv−531, 1:93−cv−533, 1:93−cv−545, 1:93−cv−556, 1:93−cv−576, 1:93−cv−625, 1:93−cv−628, 1:93−cv−630, 1:93−cv−631, 1:93−cv−632, 1:93−cv−633, 1:93−cv−647, 1:93−cv−661, 1:93−cv−689, 1:93−cv−692 (consolidated on 4/1/94), 1:93−cv−695, 1:93−cv−719, 1:93−cv−726, 1:93−cv−752, 1:93−cv−762, 1:93−cv−764 (consolidated on 7/3/94), 1:93−cv−769, 1:93−cv−823, 1:93−cv−840, 1:93−cv−881, 1:94−cv−49, 1:94−cv−52, 1:94−cv−54, 1:94−cv−388 (consolidated on 7/14/94), 1:94−cv−592 (consolidated on 9/29/94) (cc: all counsel) (no pgs: 2) (wy) Modified on

March 17, 1994

March 17, 1994

27

ORDER by Mag. Judge Jack Sherman: Including case no. C−1−93−529 for consolidation under this case no. (cc: all counsel) (mb) (Entered: 04/04/1994)

March 31, 1994

March 31, 1994

28

ORDER by Mag. Judge Jack Sherman: Including case no. C−1−93−692 for consolidation under this case no. (cc: all counsel) (mb) (Entered: 04/04/1994)

April 1, 1994

April 1, 1994

29

ANSWER by Arthur Tate Jr, George V Voinovich, Reginald A Wilkinson, Terry Collins,; jury demand ( no pgs: 6) (wy) (Entered: 04/18/1994)

April 14, 1994

April 14, 1994

30

MOTION by plaintiff Darrin E Morris, plaintiff Eugene K Adams to certify class action; that pltfs be appt'd class representatives , and for appointment of counsel for the class ( no pgs: 18) (wy) (Entered: 04/19/1994)

April 18, 1994

April 18, 1994

31

ANSWER by Arthur Tate Jr, George V Voinovich, Reginald A Wilkinson, Terry Collins,; jury demand ( no pgs: 6) (wy) (Entered: 04/19/1994)

April 19, 1994

April 19, 1994

32

MOTION by defendant to extend until 6/13/94 to respond to motion for class certification , and to continue hearing on that motion to 5/27/94 ( no pgs: 3) (wy) (Entered: 05/24/1994)

May 23, 1994

May 23, 1994

33

AGREED ORDER by Mag. Judge Robert A. Steinberg: The class certification hearing set for 5/27/94 is RESCHEDULED to 6/13/94. Defts. shall file any response to the class cert. motion by 6/8/94. (cc: all counsel) (no pgs: 1) (mb) (Entered: 05/26/1994)

May 26, 1994

May 26, 1994

34

ORDER by Mag. Judge Jack Sherman consolidating case C−1−93−764 with all other riot cases (cc: all counsel) ( no pgs: 1) (mb) (Entered: 11/28/1994)

June 3, 1994

June 3, 1994

35

ATTORNEY APPEARANCE of Gerald Messerman, Robert Duvin &Robert Wolff for defendants ( no pgs: 2) (mb) (Entered: 11/28/1994)

June 8, 1994

June 8, 1994

36

MOTION by defendants to continue hearing on motion for class certification ( no pgs: 3) (mb) (Entered: 11/28/1994)

June 8, 1994

June 8, 1994

NOTATION ORDER by Mag. Judge Robert A. Steinberg granting motion to continue hearing on motion for class certification [36−1] (cc: all counsel) (mb) (Entered: 11/28/1994)

June 10, 1994

June 10, 1994

37

ORDER GRANTING PROVISIONAL CLASS CERTIFICATION by Mag. Judge Robert A. Steinberg. It is further ordered that Pltfs. Darrin Morris &Eugene Adams be appointed as class reps. and that counsel for the named pltfs. be appt'd class counsel. Schedule set for responding to the class cert. motion (cc: all counsel) ( no pgs: 5) (mb) (Entered: 11/28/1994)

June 21, 1994

June 21, 1994

38

RESPONSE by defendants to motion for class certification [30−1] ( no pgs: 6) (mb) (Entered: 11/28/1994)

June 27, 1994

June 27, 1994

39

MOTION by defendants for admission of attorney Gerald A. Messerman, pro hac vice ( no pgs: 7) (mb) (Entered: 11/28/1994)

June 27, 1994

June 27, 1994

40

REPORT to the Court on completion of notice to the class by plaintiffs ( no pgs: 68) (mb) (Entered: 11/28/1994)

July 5, 1994

July 5, 1994

41

NOTICE of hearing on motion for class cert. set for 8/30/94 at 10:00 a.m., before MJ Steinberg ( no pgs: 1) (mb) (Entered: 11/28/1994)

July 11, 1994

July 11, 1994

42

ORDER by Mag. Judge Jack Sherman consolidating case C−1−94−388 with the other riot cases (cc: all counsel) ( no pgs: 1) (mb) (Entered: 11/28/1994)

July 14, 1994

July 14, 1994

43

REPLY IN SUPPORT of the motion for class cert. by plaintiffs ( no pgs: 5) (mb) (Entered: 11/28/1994)

July 29, 1994

July 29, 1994

NOTATION ORDER by Mag. Judge Robert A. Steinberg granting motion for leave to depose pltf. class members and potential witnesses [44−1] (cc: all counsel) (mb) (Entered: 11/28/1994)

Aug. 5, 1994

Aug. 5, 1994

45

RESPONSES from various inmates (and former inmates) to the order granting provisional class cert., doc. 37). (Approx. 190 responses contained in a separate folder a placed in the vault) (mb) (Entered: 11/28/1994)

Aug. 22, 1994

Aug. 22, 1994

46

REPORT (Second) to the Court on completion of notice to the class by plaintiffs ( no pgs: 62) (mb) (Entered: 11/28/1994)

Aug. 29, 1994

Aug. 29, 1994

47

MEMORANDUM by plaintiffs addressing comments by class members filed in response to the notification of class action (Doc. 45) ( no pgs: 8) (mb) (Entered: 11/28/1994)

Aug. 29, 1994

Aug. 29, 1994

48

CIVIL MINUTES: Hearing held on motion for class certification (doc. 30) before Mag. Judge Robert A. Steinberg. Oral arguments held. Robert Newman, Esq. argued on behalf of his clients re: severing unrelated issues (93−633 &94−388). Matter taken under submission. Robert Newman, Esq. to file a post−hearing brief within 10 days. Pltfs. &defts. are given 5 days to respond. Angie Portune (Merit), Ct. Reporter. (no pgs: 1) (mb) (Entered: 11/28/1994)

Aug. 30, 1994

Aug. 30, 1994

49

CONSENT by the parties to MJ Steinberg issuing a final order regarding the class certification motion (no pgs: 1) (mb) (Entered: 11/29/1994)

Aug. 30, 1994

Aug. 30, 1994

50

MOTION of maintaining separate cause of actions or, in the alternative, that pltfs. Johnson &Newell be allowed to have separate trials, by Pltfs. Johnson (C−1−93−633) and Newell (C−1−94−388) (no pgs: 2) (mb) (Entered: 11/29/1994)

Sept. 9, 1994

Sept. 9, 1994

51

MEMORANDUM in support of motion of maintaining separate cause of actions or, in the alternative, that pltfs. Johnson &Newell be allowed to have separate trials, by Pltfs. Johnson (C−1−93−633) and Newell (C−1−94−388) [50−1] ( no pgs: 11) (mb) (Entered: 11/29/1994)

Sept. 9, 1994

Sept. 9, 1994

52

MEMORANDUM by plaintiffs in opposition to pltfs' Johnson &Newell's motion to maintain separate actions, etc. [51−1] (no pgs: 8) (mb) (Entered: 11/29/1994)

Sept. 21, 1994

Sept. 21, 1994

53

MEMORANDUM by defendants in opposition to pltfs' Johnson &Newell's motion to maintain separate actions, etc. [51−1] (no pgs: 2) (mb) (Entered: 11/29/1994)

Sept. 27, 1994

Sept. 27, 1994

54

ORDER by Mag. Judge Jack Sherman consolidating case C−1−94−592 with other riot cases (cc: all counsel) (no pgs: 1) (mb) (Entered: 11/29/1994)

Sept. 29, 1994

Sept. 29, 1994

55

AGREED ORDER by Mag. Judge Robert A. Steinberg Pltfs. Johnson &Newell's reply to the motion to maintain separate actions, etc. is due by 10/14/94 (cc: all counsel) (no pgs: 2) (mb) (Entered: 11/29/1994)

Oct. 5, 1994

Oct. 5, 1994

56

Supplemental memorandum by plaintiffs in response to comments by class members [45−1] ( no pgs: 10) (mb) (Entered: 11/29/1994)

Oct. 12, 1994

Oct. 12, 1994

57

REPLY IN SUPPORT of motion to maintain separate cause of actions or, in the alternative, that pltfs. Johnson &Newell be allowed to have separate trials, by Pltfs. Johnson (C−1−93−633) and Newell (C−1−94−388) [50−1], filed by Atty. Robert Newman (no pgs: 4) (mb) (Entered: 11/29/1994)

Oct. 14, 1994

Oct. 14, 1994

58

JOINT MOTION to modify case schedule (no pgs: 3) (mb) (Entered: 11/29/1994)

Oct. 17, 1994

Oct. 17, 1994

59

ORDER by Judge S. A. Spiegel granting motion to modify case schedule [58−1]. All dates previously set are vacated and the case will proceed as follows: Any motions will be filed by 9/1/95. DDL is 6/1/95. The deadline for filing the amended complaint is 7/1/95. FPTC is set for 11/1/95 at 9:00 a.m. Trial is tentatively set for 11/13/95 (on an on−deck basis). (cc: all counsel) (no pgs: 2) (mb) (Entered: 11/29/1994)

Oct. 18, 1994

Oct. 18, 1994

60

MOTION for a hearing on pltfs. Johnson &Newell's motion to maintain separate causes of actions, filed by Robert Newman (no pgs: 5) (mb) (Entered: 11/29/1994)

Oct. 26, 1994

Oct. 26, 1994

62

NOTICE of filing declarations of Daniel Johnson (#228−593) and Emanuel B. Newell (#206−453), filed by Atty. Robert Newman (no pgs: 6) (mb) (Entered: 11/29/1994)

Nov. 9, 1994

Nov. 9, 1994

63

ORDER by Mag. Judge Robert A. Steinberg denying motion for a hearing on pltfs. Johnson &Newell's motion to maintain separate causes of actions, filed by Robert Newman [60−1] (cc: all counsel) (no pgs: 2) (mb) (Entered: 11/29/1994)

Nov. 10, 1994

Nov. 10, 1994

64

AGREED PROTECTIVE ORDER by Mag. Judge Robert A. Steinberg re: confidential documents produced (Post Orders designated as SEC. 000370−001192; Warden's Kite Log Sheet designated as 110746−110815; and Security Manual designated as SEC. 000001−000369), produced to pltfs' counsel this date. (cc: all counsel) (no pgs: 1) (mb) (Entered: 11/30/1994)

Nov. 30, 1994

Nov. 30, 1994

65

ORDER by Mag. Judge Robert A. Steinberg denying motion of maintaining separate cause of actions or, in the alternative, that pltfs. Johnson &Newell be allowed to have separate trials, by Pltfs. Johnson (C−1−93−633) and Newell (C−1−94−388) [50−1], AND granting motion to certify class action; that pltfs be appt'd class representatives [30−1] (cc: all counsel) (no pgs: 12) (mb) (Entered: 12/05/1994)

Dec. 2, 1994

Dec. 2, 1994

66

MOTION by plaintiffs Johnson and Newell in 1:93−cv−00436 to amend Order Granting Class Certification of 12/2/94 ( no pgs: 5) (wy) (Entered: 12/13/1994)

Dec. 12, 1994

Dec. 12, 1994

67

MEMORANDUM by plaintiffs in opposition to pltfs' Johnson &Newell's motion to amend class cert. order [66−1] (no pgs: 6) (mb) (Entered: 01/05/1995)

Jan. 3, 1995

Jan. 3, 1995

68

ORDER by Mag. Judge Robert A. Steinberg denying motion to amend Order Granting Class Certification of 12/2/94 [66−1]. (cc: all counsel) (no pgs: 5) (mb) (Entered: 01/23/1995)

Jan. 23, 1995

Jan. 23, 1995

69

MOTION by plaintiffs for preliminary injunction (no pgs: 17) (mb) (Entered: 01/24/1995)

Jan. 23, 1995

Jan. 23, 1995

70

NOTICE of hearing setting motion for preliminary injunction [69−1] at 9:30 2/16/95, before MJ Steinberg (cc: all counsel) (mb) (Entered: 01/26/1995)

Jan. 26, 1995

Jan. 26, 1995

71

Supplemental MOTION by plaintiffs for preliminary injunction to enjoin R.I.B. proceedings (no pgs: 9) (mb) (Entered: 02/02/1995)

Feb. 2, 1995

Feb. 2, 1995

72

MOTION for writ of habeas corpus ad testificandum by plaintiffs (no pgs: 6) (mb) (Entered: 02/10/1995)

Feb. 9, 1995

Feb. 9, 1995

74

ORDER by Mag. Judge Jack Sherman Case consolidated 1:93−cv−436 with member cases 1:93−cv−691 (cc: all counsel) ( no pgs: 1) (ph) (Entered: 02/13/1995)

Feb. 9, 1995

Feb. 9, 1995

73

ORDER by Mag. Judge Robert A. Steinberg denying motion for writ of habeas corpus ad testificandum [72−1] (cc: all counsel) ( no pgs: 1) (mb) (Entered: 02/10/1995)

Feb. 10, 1995

Feb. 10, 1995

75

ORDER by Mag. Judge Robert A. Steinberg withdrawing motion for preliminary injunction [69−1]. The defts. shall report to class counsel every month beginning 2/28/95 as to the status of claims, etc. (cc: all counsel) (no pgs: 6) (mb) (Entered: 02/16/1995)

Feb. 16, 1995

Feb. 16, 1995

76

ORDER by Mag. Judge Robert A. Steinberg upon agreement of the parties, the answers of pltfs. to interrogs. and any schedules that list the specific sphysical and mental injuries suffered, etc. shall be held strictly confidential (cc: all counsel) (no pgs: 1) (mb) (Entered: 03/28/1995)

March 28, 1995

March 28, 1995

77

MOTION by defendants to withdraw attorneys Robert P Duvin and Robert M Wolff ( no pgs: 2) (vp) (Entered: 04/27/1995)

April 27, 1995

April 27, 1995

78

AGREED ORDER by Mag. Judge Robert A. Steinberg ; extending the discovery ddl to 8/1/95. No other deadlines will be affected by this order (cc: all counsel) (no pgs: 1) (mb) (Entered: 05/23/1995)

May 23, 1995

May 23, 1995

79

ORDER by Mag. Judge Robert A. Steinberg Case consolidated 1:93−cv−436 with member cases 1:95−mc−40 (cc: all counsel) ( no pgs: 1) (ph) Modified on 06/12/1995 (Entered: 05/25/1995)

May 25, 1995

May 25, 1995

80

PROTECTIVE ORDER by Mag. Judge Robert A. Steinberg (also signed by the parties) regarding the confidentiality of certain training files (cc: all counsel) (no pgs: 1) (mb) (Entered: 06/16/1995)

June 16, 1995

June 16, 1995

81

STIPULATION extending deadline for amending the complaint to 8/4/95. Status conference is set for 7/10/95 at 9:15 a.m. ( no pgs: 1) (mb) (Entered: 06/30/1995)

June 29, 1995

June 29, 1995

Case Details

State / Territory: Ohio

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: June 28, 1993

Closing Date: 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Prisoners at the Southern Ohio Correctional Facility

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Ohio Department of Rehabilitation and Correction (Lucasville), State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Equal Protection

Free Exercise Clause

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

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $4,100,000

Order Duration: 1997 - 2000

Content of Injunction:

Develop anti-discrimination policy

Implement complaint/dispute resolution process

Other requirements regarding hiring, promotion, retention

Issues

General:

Administrative segregation

Assault/abuse by staff

Classification / placement

Disciplinary procedures

Disciplinary segregation

Food service / nutrition / hydration

Loss or damage to property

Recreation / Exercise

Sanitation / living conditions

Search policies

Staff (number, training, qualifications, wages)

Suicide prevention

Totality of conditions

Visiting

Crowding:

Crowding / caseload

Type of Facility:

Government-run