Case: Disability Law Center v. Massachusetts Department of Correction

1:07-cv-10463 | U.S. District Court for the District of Massachusetts

Filed Date: March 8, 2007

Closed Date: 2017

Clearinghouse coding complete

Case Summary

On March 8, 2007, the Disability Law Center ("DLC") filed a lawsuit in the U.S. District Court for the District of Massachusetts under 42 U.S.C. § 1983, the Americans with Disabilities Act, 42 U.S.C. §12131, and § 504 of the Rehabilitation Act of 1973, 29 U.S.C. §794 against the Massachusetts Department of Correction ("DOC"). The DLC is the agency designated by the Protection and Advocacy for Individuals with Mental Illness Act, 42 U.S.C. §§10801 et seq. to pursue legal, administrative, and oth…

On March 8, 2007, the Disability Law Center ("DLC") filed a lawsuit in the U.S. District Court for the District of Massachusetts under 42 U.S.C. § 1983, the Americans with Disabilities Act, 42 U.S.C. §12131, and § 504 of the Rehabilitation Act of 1973, 29 U.S.C. §794 against the Massachusetts Department of Correction ("DOC"). The DLC is the agency designated by the Protection and Advocacy for Individuals with Mental Illness Act, 42 U.S.C. §§10801 et seq. to pursue legal, administrative, and other appropriate remedies to ensure that individuals with mental illnesses confined in Massachusetts prisons are protected from abuse and neglect.

DLC claimed that the DOC failed to take into account mental illness when subjecting prisoners to long periods of disciplinary and other forms of isolation and segregation. The plaintiff asked the court for declaratory and injunctive relief, claiming that isolation of mentally ill prisoners constitutes cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments, and that DOC's failure to address the problem violates both the Rehabilitation Act and the American with Disabilities Act.

The parties began settlement negotiations in November 2007 and in 2008 sought mediation from the court. For two years the parties were unsuccessful in their negotiations, and on August 12, 2010, the court lifted a stay on discovery. 2010 WL 3199883. Extensive discovery ensued, and eventually, the parties renewed negotiations. In December 2011, the parties reached a settlement and sought court approval.

On April 12, 2012, after a lengthy exploration of judicial authority to approve private settlements in which the defendant did not admit liability, Chief Judge Mark L. Wolf approved the settlement, holding that doing so would not violate the PLRA's provision that relief be limited to what is necessary to remedy the violation. The settlement agreement established detailed procedures, training, time limits, and recordkeeping to ensure that mentally ill prisoners are not placed in isolation or segregation without a full evaluation and determination that such placement will not cause further injury. The defendants also agreed to pay $1,250,000 in attorney fees and costs. 960 F. Supp. 2d 271 (D. Mass. 2012). The court retained the case on its docket (on hold but ready to be revived in the event of a claimed breach of the settlement agreement) for three years, with an additional two years possible.

On May 20, 2015 the court issued a stipulation stating that since request to reopen the case had not been made in three years, the court’s jurisdiction was terminated. However, on June 28, 2016, one of the prisoners who was a plaintiff in the original suit made a motion to reopen the case because the prison had been violating the agreement by placing mentally ill prisoners in solitary confinement without full evaluations.

On March 17, 2017, Judge Mark Wolf issued an opinion denying the plaintiff’s motion to reopen the case because the previous dismissal meant the court no longer had jurisdiction. Judge Wolf said the plaintiff could open a separate action since the previous action was not a class action. 2017 WL 1042068. As such, this case is now closed.

Summary Authors

Denise Heberle (4/16/2012)

Jessica Kincaid (7/15/2014)

Will McCartney (3/14/2018)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4619238/parties/disability-law-center-inc-v-massachusetts-department-of-correction/


Judge(s)

Boal, Jennifer C. (Massachusetts)

Wolf, Mark Lawrence (Massachusetts)

Attorneys(s) for Plaintiff

Baker, Robert B. (Massachusetts)

Fleischner, Robert D. (Massachusetts)

Glassman, Richard M. (Massachusetts)

Guizzetti, Cynthia M. (Massachusetts)

Head, Carol E. (Massachusetts)

Hickey, Alison E (Massachusetts)

Kurker, Allyson (Massachusetts)

Murphy, Nancy J. (Massachusetts)

Judge(s)

Boal, Jennifer C. (Massachusetts)

Wolf, Mark Lawrence (Massachusetts)

Attorneys(s) for Plaintiff

Baker, Robert B. (Massachusetts)

Fleischner, Robert D. (Massachusetts)

Glassman, Richard M. (Massachusetts)

Guizzetti, Cynthia M. (Massachusetts)

Head, Carol E. (Massachusetts)

Hickey, Alison E (Massachusetts)

Kurker, Allyson (Massachusetts)

Murphy, Nancy J. (Massachusetts)

Pingeon, James R. (Massachusetts)

Rollins, James S (Massachusetts)

Silveira, Alison Hickey (Massachusetts)

Svirida, Nancy (Massachusetts)

Talley, Karen O. (Massachusetts)

Tenneriello, Bonita (Massachusetts)

Thompson, Joel (Massachusetts)

Walker, Leslie (Massachusetts)

Yamin, David (Massachusetts)

Attorneys(s) for Defendant

Abeln, Anthony E. (Massachusetts)

Anderson, Charles W Jr. (Massachusetts)

Bello, James A. (Massachusetts)

Grant, Sheryl (Massachusetts)

Quinn, Christopher (Massachusetts)

Saltzman, William D (Massachusetts)

White, Nancy Ankers (Massachusetts)

Other Attorney(s)

Hughes, Stephen E (Massachusetts)

Documents in the Clearinghouse

Document

1:07-cv-10463

Docket [PACER]

Sept. 20, 2017

Sept. 20, 2017

Docket
1

1:07-cv-10463

Complaint

March 8, 2007

March 8, 2007

Complaint
18

1:07-cv-10463

Answer to Complaint

May 7, 2007

May 7, 2007

Pleading / Motion / Brief
134

1:07-cv-10463

Memorandum and Order [Lifting Stay of Discovery]

2010 WL 3199883

Aug. 12, 2010

Aug. 12, 2010

Order/Opinion
167

1:07-cv-10463

Order on Disablity Law Center's Renewed Motion to Compel Production of Documents by UMCHP

Jan. 21, 2011

Jan. 21, 2011

Order/Opinion
252

1:07-cv-10463

Settlement Agreement

Dec. 12, 2011

Dec. 12, 2011

Settlement Agreement
248

1:07-cv-10463

Joint Motion to Approve Settlement Agreement

Disability Law Center, Inc. v. Massachusetts Department of Corrections,e al.

Dec. 12, 2011

Dec. 12, 2011

Pleading / Motion / Brief
259

1:07-cv-10463

[Transcript of Settlement Hearing]

Disability Law Center vs. Massachusetts Department of Correction

March 9, 2012

March 9, 2012

Transcript
260

1:07-cv-10463

Order Approving Settlement

960 F.Supp.2d 271, 2012 WL 1237760

April 12, 2012

April 12, 2012

Order/Opinion
184

1:07-cv-10463

First Report of Designated Expert Kathryn A. Burns, MD, MPH

Oct. 22, 2012

Oct. 22, 2012

Monitor/Expert/Receiver Report

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4619238/disability-law-center-inc-v-massachusetts-department-of-correction/

Last updated Aug. 10, 2022, 3:10 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against all defendants Filing fee: $ 350, receipt number 1436766, filed by Disability Law Center, Inc.. (Attachments: # 1 Civil Cover Sheet Cover Sheet + Attachments (Guizzetti, Cynthia) Modified on 3/8/2007 (Patch, Christine). (Entered: 03/08/2007)

2 Civil Cover Sheet Cover Sheet + Attachments

View on PACER

March 8, 2007

March 8, 2007

Clearinghouse
2

CORPORATE DISCLOSURE STATEMENT by Disability Law Center, Inc.. (Patch, Christine) (Entered: 03/08/2007)

March 8, 2007

March 8, 2007

PACER
3

NOTICE of Appearance by Robert B. Baker on behalf of Disability Law Center, Inc. (Baker, Robert) (Entered: 03/08/2007)

March 8, 2007

March 8, 2007

PACER
4

NOTICE of Appearance by Richard M. Glassman on behalf of Disability Law Center, Inc. (Glassman, Richard) (Entered: 03/08/2007)

March 8, 2007

March 8, 2007

PACER
5

NOTICE of Appearance by Nancy J. Svirida on behalf of Disability Law Center, Inc. (Svirida, Nancy) (Entered: 03/08/2007)

March 8, 2007

March 8, 2007

PACER
6

NOTICE of Appearance by Robert D. Fleischner on behalf of Disability Law Center, Inc. (Fleischner, Robert) (Entered: 03/09/2007)

March 9, 2007

March 9, 2007

PACER
7

NOTICE of Appearance by Sheryl F. Grant on behalf of Massachusetts Department of Correction, Kathleen Dennehy, James Bender, Veronica Madden, John Jr. Marshall, Timothy Hall (Grant, Sheryl) (Entered: 03/15/2007)

March 15, 2007

March 15, 2007

PACER
8

NOTICE of Appearance by William D. Saltzman on behalf of Massachusetts Department of Correction, Kathleen Dennehy, James Bender, Veronica Madden, John Jr. Marshall, Timothy Hall (Saltzman, William) (Entered: 03/16/2007)

March 16, 2007

March 16, 2007

PACER
9

WAIVER OF SERVICE Returned Executed Veronica Madden waiver sent on 3/8/2007, answer due 5/7/2007. (Guizzetti, Cynthia) (Entered: 03/20/2007)

March 20, 2007

March 20, 2007

PACER
10

WAIVER OF SERVICE Returned Executed Timothy Hall waiver sent on 3/8/2007, answer due 5/7/2007. (Guizzetti, Cynthia) (Entered: 03/20/2007)

March 20, 2007

March 20, 2007

PACER
11

WAIVER OF SERVICE Returned Executed John Jr. Marshall waiver sent on 3/8/2007, answer due 5/7/2007. (Guizzetti, Cynthia) (Entered: 03/20/2007)

March 20, 2007

March 20, 2007

PACER
12

WAIVER OF SERVICE Returned Executed Kathleen Dennehy waiver sent on 3/8/2007, answer due 5/7/2007. (Guizzetti, Cynthia) (Entered: 03/21/2007)

March 21, 2007

March 21, 2007

PACER
13

STIPULATION For Entry of a Protective Order For The Protection of Confidential Information by Disability Law Center, Inc.. (Attachments: # 1 Text of Proposed Order)(Baker, Robert) (Entered: 03/27/2007)

2 Text of Proposed Order

View on PACER

March 27, 2007

March 27, 2007

PACER
14

NOTICE of Appearance by Charles W. Anderson, Jr on behalf of Massachusetts Department of Correction, Kathleen Dennehy, James Bender, Veronica Madden, John Jr. Marshall, Timothy Hall (Anderson, Charles) (Entered: 03/28/2007)

March 28, 2007

March 28, 2007

PACER
15

Judge Mark L. Wolf : PROTECTIVE ORDER entered. (O'Leary, Dennis) (Entered: 04/09/2007)

April 9, 2007

April 9, 2007

PACER
16

NOTICE of Appearance by Karen O. Talley on behalf of Disability Law Center, Inc. (Talley, Karen) (Entered: 04/12/2007)

April 12, 2007

April 12, 2007

PACER
17

NOTICE of Appearance by Alison E. Hickey on behalf of Disability Law Center, Inc. (Hickey, Alison) (Entered: 05/04/2007)

May 4, 2007

May 4, 2007

PACER
18

ANSWER to Complaint by Massachusetts Department of Correction, Kathleen Dennehy, James Bender, Veronica Madden, John Jr. Marshall, Timothy Hall.(Saltzman, William) (Entered: 05/07/2007)

May 7, 2007

May 7, 2007

Clearinghouse
19

Letter/request (non-motion) from Disability Law Center, Inc. for Scheduling Conference. (Guizzetti, Cynthia) (Entered: 07/24/2007)

July 24, 2007

July 24, 2007

PACER
20

NOTICE of Scheduling ConferenceScheduling Conference set for 9/5/2007 04:00 PM in Courtroom 10 before Chief Judge Mark L. Wolf. (O'Leary, Dennis) (Entered: 07/30/2007)

July 30, 2007

July 30, 2007

PACER
21

MOTION to Intervene by Daniel LaPlante, FILED.(Boyce, Kathy) (Entered: 08/16/2007)

Aug. 13, 2007

Aug. 13, 2007

PACER
24

CERTIFICATE OF SERVICE by Daniel LaPlante re 23 Affidavit in Support of Motion, 22 Memorandum in Support of Motion, 21 MOTION to Intervene. (Boyce, Kathy) (Entered: 08/16/2007)

Aug. 13, 2007

Aug. 13, 2007

PACER
22

MEMORANDUM in Support re 21 MOTION to Intervene filed by Daniel LaPlante, FILED. (Boyce, Kathy) (Entered: 08/16/2007)

Aug. 13, 2007

Aug. 13, 2007

PACER
23

AFFIDAVIT of Daniel LaPlante in Support re 21 MOTION to Intervene filed by Daniel LaPlante. (Attachments: # 1 Letter to Martha Coakley)(Boyce, Kathy) (Entered: 08/16/2007)

2 Letter to Martha Coakley

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Aug. 16, 2007

Aug. 16, 2007

PACER
25

MEMORANDUM in Opposition re 21 MOTION to Intervene of Daniel LaPlante filed by Disability Law Center, Inc.. (Attachments: # 1 Exhibit A - Unpublished Decision# 2 Affidavit of Bradley Brockmann)(Guizzetti, Cynthia) (Entered: 08/24/2007)

2 Exhibit A - Unpublished Decision

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3 Affidavit of Bradley Brockmann

View on PACER

Aug. 24, 2007

Aug. 24, 2007

PACER
26

Sealed Document. (O'Leary, Dennis) (Entered: 08/30/2007)

Aug. 30, 2007

Aug. 30, 2007

PACER
27

Sealed Document. (O'Leary, Dennis) (Entered: 08/30/2007)

Aug. 30, 2007

Aug. 30, 2007

PACER
28

JOINT STATEMENT re scheduling conference and Proposed Pretrial Schedule. (Guizzetti, Cynthia) (Entered: 09/04/2007)

Sept. 4, 2007

Sept. 4, 2007

PACER
29

MOTION for Leave to Appear Pro Hac Vice for admission of James S. Rollins Filing fee $ 50, receipt number 1652224. by Disability Law Center, Inc.. (Attachments: # 1 Exhibit Declaration of James S. Rollins In Support of Motion for Admission Pro Hac Vice)(Guizzetti, Cynthia) (Entered: 09/04/2007)

2 Exhibit Declaration of James S. Rollins In Support of Motion for Admission Pro H

View on PACER

Sept. 4, 2007

Sept. 4, 2007

PACER
30

RESPONSE to Motion re 21 MOTION to Intervene filed by Massachusetts Department of Correction, Kathleen Dennehy, James Bender, Veronica Madden, John Jr. Marshall, Timothy Hall. (Saltzman, William) (Entered: 09/05/2007)

Sept. 5, 2007

Sept. 5, 2007

PACER
31

NOTICE of Withdrawal of Appearance by Robert B. Baker (Baker, Robert) (Entered: 09/05/2007)

Sept. 5, 2007

Sept. 5, 2007

PACER
32

Judge Mark L. Wolf : ORDER entered denying 21 Motion to Intervene. For the reasons stated above, LaPlante's Motion to Intervene(Docket No. 21) is DENIED. (O'Leary, Dennis) (Entered: 09/06/2007)

Sept. 5, 2007

Sept. 5, 2007

PACER
33

Judge Mark L. Wolf : ORDER entered. SCHEDULING ORDER:Final Pretrial Conference set for 12/18/2008 04:00 PM in Courtroom 10 before Chief Judge Mark L. Wolf.,Status Conference set for 11/13/2008 03:00 PM in Courtroom 10 before Chief Judge Mark L. Wolf.,Amended Pleadings due by 12/7/2007.,Discovery to be completed by 9/30/2008.,,Jury Trial set for 1/5/2009 09:00 AM in Courtroom 10 before Chief Judge Mark L. Wolf.(O'Leary, Dennis) Additional attachment(s) added on 10/30/2007 (O'Leary, Dennis). (Entered: 09/07/2007)

Sept. 7, 2007

Sept. 7, 2007

PACER
35

MOTION to Withdraw Motion to Intervene, by Daniel LaPlante, FILED, c/s.(Boyce, Kathy) (Entered: 09/12/2007)

Sept. 7, 2007

Sept. 7, 2007

PACER
34

Certification Pursuant to Rule 16.1 of Certificate of Compliance with Local Rule 16.1 (D)(3). (Guizzetti, Cynthia) Text Modified on 9/20/2007 as incorrect event type selected when document was e-filed (Boyce, Kathy). (Entered: 09/11/2007)

Sept. 11, 2007

Sept. 11, 2007

PACER
36

CERTIFICATION pursuant to Local Rule 16.1 by Massachusetts Department of Correction, Kathleen Dennehy, James Bender, Veronica Madden, John Jr. Marshall, Timothy Hall.(Saltzman, William) (Entered: 09/20/2007)

Sept. 20, 2007

Sept. 20, 2007

PACER
37

Sealed Document. (Boyce, Kathy) (Entered: 11/30/2007)

Nov. 23, 2007

Nov. 23, 2007

PACER
38

Sealed Document. (Attachments: # 1 Attachment A)(Boyce, Kathy) (Entered: 01/23/2008)

Jan. 23, 2008

Jan. 23, 2008

PACER
39

MOTION for Order to Schedule Status Conference by Massachusetts Department of Correction, Kathleen Dennehy, James Bender, Veronica Madden, John Jr. Marshall, Timothy Hall. (Attachments: # 1 Exhibit Plaintiff's Request for Production)(Saltzman, William) (Entered: 02/21/2008)

2 Exhibit Plaintiff's Request for Production

View on PACER

Feb. 21, 2008

Feb. 21, 2008

PACER
40

RESPONSE to Motion re 39 MOTION for Order to Schedule Status Conference filed by Disability Law Center, Inc.. (Attachments: # 1 Exhibit Exhibit A to Plaintiff's Response to Defendant's Motion for Status Conference, # 2 Exhibit Exhibit B to Plaintiff's Response to Defendant's Motion for Status Conference, # 3 Exhibit Exhibit C to Plaintiff's Response to Defendants' Motion for a Status Conference)(Hickey, Alison) (Entered: 02/26/2008)

2 Exhibit Exhibit A to Plaintiff's Response to Defendant's Motion for St

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3 Exhibit Exhibit B to Plaintiff's Response to Defendant's Motion for St

View on PACER

4 Exhibit Exhibit C to Plaintiff's Response to Defendants' Motion for a

View on PACER

Feb. 26, 2008

Feb. 26, 2008

PACER
41

NOTICE of Appearance by David Yamin on behalf of Disability Law Center, Inc. (Yamin, David) (Entered: 02/28/2008)

Feb. 28, 2008

Feb. 28, 2008

PACER
42

MOTION for Protective Order by Massachusetts Department of Correction, Kathleen Dennehy, James Bender, Veronica Madden, John Jr. Marshall, Timothy Hall.(Saltzman, William) (Entered: 03/04/2008)

March 4, 2008

March 4, 2008

PACER
43

Chief Judge Mark L. Wolf: ORDER entered. The court has considered Defendant's Motion for a Status Conference (the "Motion") and Plaintiff Disability Law Center, Inc.'s Partial Assent and Response to it. It is hereby ORDERED that: 1. The Motion (Docket No. 39) is ALLOWED. 2. A status and settlement conference shall be held on March21, 2008, at 11:00 a.m. Members of the executive staff of the Department of Corrections (the "DOC") may be present. The court will decide at the conference whether they should be excluded from any or all of the discussion. 3. The parties shall, by March 19, 2008, jointly submit an agenda for the conference, with a short statement of their respective positions on disputed issues.4. The court understands that no party intends to request the court's recusal based upon its effort to mediate a mutually acceptable settlement of this case. The parties shall in the March 19, 2009 submission confirm, correct, or clarify the court's understanding on this issue. 5. The DOC shall, by March 19, 2008, state whether Harold W. Clarke is now the Commissioner of the DOC and should, therefore, be substituted for any other party pursuant to Federal Rule of CivilProcedure 25(d). (O'Leary, Dennis) (Entered: 03/10/2008)

March 10, 2008

March 10, 2008

PACER
44

Opposition re 42 MOTION for Protective Order filed by Disability Law Center, Inc.. (Hickey, Alison) (Entered: 03/13/2008)

March 13, 2008

March 13, 2008

PACER
45

MOTION for Extension of Time to July 1, 2008 to designate expert witnesses and exchange expert reports by Disability Law Center, Inc..(Hickey, Alison) (Entered: 03/13/2008)

March 13, 2008

March 13, 2008

PACER
46

RESPONSE to Motion re 45 MOTION for Extension of Time to July 1, 2008 to designate expert witnesses and exchange expert reports filed by Massachusetts Department of Correction, Kathleen Dennehy, James Bender, Veronica Madden, John Jr. Marshall, Timothy Hall. (Saltzman, William) (Entered: 03/19/2008)

March 19, 2008

March 19, 2008

PACER
47

Joint MOTION to Seal Statement of Disputed Issues by Disability Law Center, Inc., Massachusetts Department of Correction, Kathleen Dennehy, James Bender, Veronica Madden, John Jr. Marshall, Daniel LaPlante, Timothy Hall.(Guizzetti, Cynthia) (Entered: 03/19/2008)

March 19, 2008

March 19, 2008

PACER
48

JOINT STATEMENT of counsel In Accordance With The Court's March 10, 2008 Order. (Guizzetti, Cynthia) (Entered: 03/19/2008)

March 19, 2008

March 19, 2008

PACER
49

Sealed Document. (Boyce, Kathy) (Entered: 03/21/2008)

March 20, 2008

March 20, 2008

PACER
50

Clerk's Notes for proceedings held before Chief Judge Mark L. Wolf: Settlement Conference held on 3/21/2008. (Court Reporter: romanow.) (O'Leary, Dennis) (Entered: 03/21/2008)

March 21, 2008

March 21, 2008

PACER
51

Chief Judge Mark L. Wolf: ORDER entered. As stated at the conference on March 21, 2008, it is herebyORDERED that: 1. By April 4, 2008, the parties shall confer and jointlyreport regarding:... 2. If they have requested an April 22, 2008 conference with the court, the parties shall, by April 16, 2008, file a furtherreport on issues relating to settlement and discovery, including aproposed agenda for the conference. 3. Discovery is generally stayed... 4. Pursuant to Federal Rule of Civil Procedure 25(d), Harold W. Clarke, the new Commissioner of the DOC, is substituted for Kathleen Dennehy as a party to this action, and the caption will be amended to reflect this substitution.(O'Leary, Dennis) (Entered: 03/21/2008)

March 21, 2008

March 21, 2008

PACER
52

NOTICE of Appearance by James R. Pingeon on behalf of Disability Law Center, Inc. (Pingeon, James) (Entered: 03/31/2008)

March 31, 2008

March 31, 2008

PACER
53

JOINT STATEMENT of counsel In Accordance With The Court's March 21, 2008 Order. (Hickey, Alison) (Entered: 04/04/2008)

April 4, 2008

April 4, 2008

PACER
54

JOINT STATEMENT of counsel In Accordance With The Court's March 21, 2008 Order - CORRECTED. (Hickey, Alison) (Entered: 04/07/2008)

April 7, 2008

April 7, 2008

PACER
55

JOINT STATEMENT of counsel In Accordance With Court's March 21, 2008 Order. (Attachments: # 1 Exhibit DLC Short Term Document Requests)(Hickey, Alison) (Entered: 04/16/2008)

2 Exhibit DLC Short Term Document Requests

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April 16, 2008

April 16, 2008

PACER
56

Chief Judge Mark L. Wolf: ORDER entered. As stated at the conference on April 22, 2008, it is herebyORDERED that, by April 29, 2008, counsel for the parties shallconfer and submit, jointly if possible but individually ifnecessary, a proposed schedule for preparing this case for trialwhich addresses each relevant part of the attached, blankscheduling order and which will replace the September 7, 2007Order. (Attachments: # 1 Blank Schedulign Order)(O'Leary, Dennis) (Entered: 04/28/2008)

2 Blank Schedulign Order

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April 28, 2008

April 28, 2008

PACER
57

Joint MOTION to Modify Scheduling Order by Disability Law Center, Inc..(Guizzetti, Cynthia) (Entered: 04/29/2008)

April 29, 2008

April 29, 2008

PACER
58

NOTICE of Appearance by Bonita P. Tenneriello on behalf of Disability Law Center, Inc. (Tenneriello, Bonita) (Entered: 05/16/2008)

May 16, 2008

May 16, 2008

PACER
59

NOTICE of Change of Address or Firm Name by Cynthia M. Guizzetti (Guizzetti, Cynthia) (Entered: 05/22/2008)

May 22, 2008

May 22, 2008

PACER
60

JOINT STATEMENT of counsel and PLAINTIFF'S REQUEST to AMEND SCHEDULING ORDER. (Fleischner, Robert) (Entered: 06/18/2008)

June 18, 2008

June 18, 2008

PACER
61

MOTION to Compel Production of Documents by University of Massachusetts Correctional Health Program Pursuant to a Subpoena by Disability Law Center, Inc..(Hickey, Alison) (Entered: 07/31/2008)

July 31, 2008

July 31, 2008

PACER
62

MEMORANDUM in Support re 61 MOTION to Compel Production of Documents by University of Massachusetts Correctional Health Program Pursuant to a Subpoena filed by Disability Law Center, Inc.. (Hickey, Alison) (Entered: 07/31/2008)

July 31, 2008

July 31, 2008

PACER
63

AFFIDAVIT in Support re 61 MOTION to Compel Production of Documents by University of Massachusetts Correctional Health Program Pursuant to a Subpoena filed by Disability Law Center, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Hickey, Alison) (Entered: 07/31/2008)

2 Exhibit A

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3 Exhibit B

View on PACER

4 Exhibit C

View on PACER

5 Exhibit D

View on PACER

6 Exhibit E

View on PACER

7 Exhibit F

View on PACER

July 31, 2008

July 31, 2008

PACER
64

MOTION for Extension of Time to 09/01/2008 to 09/01/2008, MOTION for Extension of Time to 09/01/2008 to Complete Discovery ( Responses due by 8/20/2008) by Massachusetts Department of Correction.(Bello, James) (Entered: 08/06/2008)

Aug. 6, 2008

Aug. 6, 2008

PACER
65

MOTION for Extension of Time to 09/01/2008 to Complete Discovery by University of Massachusetts Correctional Health Program.(Bello, James) (Entered: 08/06/2008)

Aug. 6, 2008

Aug. 6, 2008

PACER
66

RESPONSE to Motion re 65 MOTION for Extension of Time to 09/01/2008 to Complete Discovery, 64 MOTION for Extension of Time to 09/01/2008 to 09/01/2008 MOTION for Extension of Time to 09/01/2008 to Complete Discovery Notice of Assent to Motion filed by Disability Law Center, Inc.. (Hickey, Alison) (Entered: 08/07/2008)

Aug. 7, 2008

Aug. 7, 2008

PACER
67

NOTICE of Appearance by Anthony E. Abeln on behalf of University of Massachusetts Correctional Health Program (Abeln, Anthony) (Entered: 08/08/2008)

Aug. 8, 2008

Aug. 8, 2008

PACER
68

JOINT STATEMENT of counsel for an Order Amending Scheduling Order. (Guizzetti, Cynthia) (Entered: 08/25/2008)

Aug. 25, 2008

Aug. 25, 2008

PACER
69

Joint MOTION for Extension of Time to 09/15/2008 to Complete Discovery on Plaintiff's Motion to Compel Production of Documents by University of Massachusetts Correctional Health Program.(Bello, James) (Entered: 09/02/2008)

Sept. 2, 2008

Sept. 2, 2008

PACER
70

JOINT STATEMENT of counsel. (Hickey, Alison) (Entered: 09/02/2008)

Sept. 2, 2008

Sept. 2, 2008

PACER
71

JOINT STATEMENT of counsel. (Hickey, Alison) (Entered: 09/09/2008)

Sept. 9, 2008

Sept. 9, 2008

PACER
72

Opposition re 61 MOTION to Compel Production of Documents by University of Massachusetts Correctional Health Program Pursuant to a Subpoena filed by University of Massachusetts Correctional Health Program. (Attachments: # 1 Exhibit A)(Bello, James) (Entered: 09/15/2008)

2 Exhibit A

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Sept. 15, 2008

Sept. 15, 2008

PACER
73

MEMORANDUM in Opposition re 61 MOTION to Compel Production of Documents by University of Massachusetts Correctional Health Program Pursuant to a Subpoena filed by University of Massachusetts Correctional Health Program. (Bello, James) (Entered: 09/15/2008)

Sept. 15, 2008

Sept. 15, 2008

PACER
74

MOTION to Stay Discovery by University of Massachusetts Correctional Health Program.(Bello, James) (Entered: 09/15/2008)

Sept. 15, 2008

Sept. 15, 2008

PACER
75

JOINT STATEMENT of counsel. (Hickey, Alison) (Entered: 09/26/2008)

Sept. 26, 2008

Sept. 26, 2008

PACER
76

Opposition re 74 MOTION to Stay Discovery and limited assent thereto filed by Disability Law Center, Inc.. (Hickey, Alison) (Entered: 09/29/2008)

Sept. 29, 2008

Sept. 29, 2008

PACER
77

AFFIDAVIT in Opposition re 74 MOTION to Stay Discovery of Alison E. Hickey, Esq. filed by Disability Law Center, Inc.. (Attachments: # 1 Exhibit Letter from Charles W. Anderson, Jr., Esq. to Nancy Svirida, Esq. dated September 9, 2008, # 2 Exhibit Letter from Charles W. Anderson, Jr., Esq. to Alison E. Hickey, Esq. dated September 12, 2008)(Hickey, Alison) (Entered: 09/29/2008)

2 Exhibit Letter from Charles W. Anderson, Jr., Esq. to Nancy Svirida, Esq. dated

View on PACER

3 Exhibit Letter from Charles W. Anderson, Jr., Esq. to Alison E. Hickey, Esq. dat

View on PACER

Sept. 29, 2008

Sept. 29, 2008

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78

Assented to MOTION for Leave to File Reply to Non-Party University of Massachusetts Correctional Health Program's Memorandum in Support of its Opposition to Plaintiff's Motion to Compel, docket no. 73 by Disability Law Center, Inc..(Hickey, Alison) (Entered: 09/30/2008)

Sept. 30, 2008

Sept. 30, 2008

PACER
79

NOTICE of Withdrawal of Appearance by Cynthia M. Guizzetti (Guizzetti, Cynthia) (Entered: 10/30/2008)

Oct. 30, 2008

Oct. 30, 2008

PACER
80

REPLY to Response to 61 MOTION to Compel Production of Documents by University of Massachusetts Correctional Health Program Pursuant to a Subpoena (Leave to file Reply granted on October 1, 2008) filed by Disability Law Center, Inc.. (Hickey, Alison) (Entered: 10/30/2008)

Oct. 30, 2008

Oct. 30, 2008

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81

JOINT STATEMENT of counsel. (Hickey, Alison) (Entered: 10/31/2008)

Oct. 31, 2008

Oct. 31, 2008

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82

Letter/request (non-motion) from Robert Saunders requesting a copy of the complaint (Boyce, Kathy) (Entered: 11/05/2008)

Nov. 3, 2008

Nov. 3, 2008

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83

Response by Disability Law Center, Inc. to Letter/Request (Non-Motion) of Robert Saunders. (Glassman, Richard) (Entered: 11/06/2008)

Nov. 6, 2008

Nov. 6, 2008

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84

JOINT STATEMENT of counsel. (Hickey, Alison) (Entered: 12/01/2008)

Dec. 1, 2008

Dec. 1, 2008

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85

JOINT STATEMENT of counsel. (Hickey, Alison) (Entered: 01/06/2009)

Jan. 6, 2009

Jan. 6, 2009

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86

JOINT STATEMENT of counsel. (Glassman, Richard) (Entered: 02/17/2009)

Feb. 17, 2009

Feb. 17, 2009

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87

JOINT STATEMENT of counsel. (Hickey, Alison) (Entered: 03/19/2009)

March 19, 2009

March 19, 2009

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88

Chief Judge Mark L. Wolf: ORDER entered. Therefore, it is hereby ORDERED that: 1. The Joint Motion to Modify Court's Pre-Trial Scheduling Order (Docket No. 57), and Plaintiff's Motion to Compel Production of Documents (Docket No. 61) are DENIED without prejudice. 2. Defendant's Motion for a Protective Order (Docket No. 42),and the University of Massachusetts Correctional Health Program's Motion to Stay Discovery (Docket No. 74) are ALLOWED without prejudice to reconsideration if requested. 3. The Joint Motion to Extend Time (Docket No. 69) is MOOT.4. The parties shall continue their discussions and, by May 1, 2009, report whether they have agreed to the terms of a settlement. 5. This case continues to be otherwise STAYED. (O'Leary, Dennis) (Entered: 03/24/2009)

March 22, 2009

March 22, 2009

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89

JOINT STATEMENT of counsel. (Hickey, Alison) (Entered: 05/01/2009)

May 1, 2009

May 1, 2009

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90

JOINT STATEMENT of counsel. (Hickey, Alison) (Entered: 05/15/2009)

May 15, 2009

May 15, 2009

PACER
91

Joint MOTION to Continue Settlement Conference to June 18, 2009 by Disability Law Center, Inc..(Hickey, Alison) (Entered: 05/26/2009)

May 26, 2009

May 26, 2009

PACER
92

Joint MOTION for Extension of Time to 6-10-07 to File Documents for the June 27, 2007 Settlement Conference by Harold W. Clarke, Disability Law Center, Inc., Massachusetts Department of Correction, James Bender, Veronica Madden, John Jr. Marshall, Timothy Hall.(Saltzman, William) (Entered: 06/01/2009)

June 1, 2009

June 1, 2009

PACER
93

MOTION for Order to Allow Plaintiff's Expert to Attend and Participate in the Settlement Conference by Disability Law Center, Inc..(Hickey, Alison) (Entered: 06/02/2009)

June 2, 2009

June 2, 2009

PACER
94

Opposition re 93 MOTION for Order to Allow Plaintiff's Expert to Attend and Participate in the Settlement Conference filed by Harold W. Clarke, Massachusetts Department of Correction, Kathleen Dennehy, James Bender, Veronica Madden, John Jr. Marshall, Timothy Hall. (Saltzman, William) (Entered: 06/09/2009)

June 9, 2009

June 9, 2009

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95

MOTION to Seal Document by Harold W. Clarke, Massachusetts Department of Correction, James Bender, Veronica Madden, John Jr. Marshall, Timothy Hall.(Saltzman, William) (Entered: 06/10/2009)

June 10, 2009

June 10, 2009

PACER
96

Sealed Document. (Boyce, Kathy) (Entered: 06/10/2009)

June 10, 2009

June 10, 2009

PACER
97

Sealed Document. (Boyce, Kathy) (Entered: 06/10/2009)

June 10, 2009

June 10, 2009

PACER
98

SEALED MOTION (Boyce, Kathy) (Entered: 06/10/2009)

June 10, 2009

June 10, 2009

PACER
99

Sealed Document. (Boyce, Kathy) (Entered: 06/10/2009)

June 10, 2009

June 10, 2009

PACER
100

Sealed Document. (Boyce, Kathy) (Entered: 06/10/2009)

June 10, 2009

June 10, 2009

PACER

Case Details

State / Territory: Massachusetts

Case Type(s):

Prison Conditions

Special Collection(s):

Post-PLRA Jail and Prison Private Settlement Agreements

Solitary confinement

Multi-LexSum (in sample)

Key Dates

Filing Date: March 8, 2007

Closing Date: 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A not-for-profit Massachusetts corporation and the authorized protection and advocacy agency for Massachusetts under the Protection and Advocacy for Individuals with Mental Illness Act

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Prisoners' Legal Services of Massachusetts

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Massachusetts Department of Corrections, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

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

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

Constitutional Clause(s):

Cruel and Unusual Punishment

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

Private Settlement Agreement

Amount Defendant Pays: $1,250,000

Order Duration: 2012 - 2015

Content of Injunction:

Develop anti-discrimination policy

Follow recruitment, hiring, or promotion protocols

Goals (e.g., for hiring, admissions)

Monitoring

Recordkeeping

Reporting

Issues

General:

Administrative segregation

Classification / placement

Conditions of confinement

Confinement/isolation

Disciplinary procedures

Disciplinary segregation

Housing

Pattern or Practice

Placement in detention facilities

Placement in mental health facilities

Reasonable Accommodations

Solitary confinement/Supermax (conditions or process)

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Mental impairment

Mental Disability:

Intellectual/developmental disability, unspecified

Mental Illness, Unspecified

Medical/Mental Health:

Intellectual disability/mental illness dual diagnosis

Mental health care, general

Type of Facility:

Government-run