Case: S.H. v. Stickrath

2:04-cv-01206 | U.S. District Court for the Southern District of Ohio

Filed Date: Dec. 24, 2004

Closed Date: 2014

Clearinghouse coding complete

Case Summary

On December 24, 2004, private civil rights attorneys and attorneys for the Youth Law Center, Inc. the Children's Law Center, Inc, and the Ohio Justice & Policy Center filed a § 1983 class action lawsuit in the U.S. District Court for the Southern District of Ohio, challenging the treatment of juveniles in the custody or under the supervision of the Ohio Department of Youth Services (ODYS). The ODYS operated juvenile correctional institutions in Ohio which included Circleville Youth Center, Cuy…

On December 24, 2004, private civil rights attorneys and attorneys for the Youth Law Center, Inc. the Children's Law Center, Inc, and the Ohio Justice & Policy Center filed a § 1983 class action lawsuit in the U.S. District Court for the Southern District of Ohio, challenging the treatment of juveniles in the custody or under the supervision of the Ohio Department of Youth Services (ODYS). The ODYS operated juvenile correctional institutions in Ohio which included Circleville Youth Center, Cuyahoga Hills Boys School, Indian River School, Marion Juvenile Correctional Center, Mohican Youth Center, Ohio River Valley Youth Center, Scioto Juvenile Correctional Center, and the Freedom Center.

Plaintiffs' complaint alleged that the individually named plaintiffs and the plaintiff class members were subjected to abusive, inhumane, and illegal conditions, policies, and practices, which included: excessive force, physical abuse, unreasonable mechanical restraints, lockdown and isolation for arbitrary reasons, improper strip searches, inadequate mental health care and medical treatment, inadequate education services and programs, and ineffective disciplinary measures. Plaintiffs further alleged that the ODYS denied equal access and services for girls in its custody. Plaintiffs sought declaratory and injunctive relief, as well as class certification.

Plaintiffs amended the complaint on June 15, 2005. Defendants moved to dismiss.

On July 29, 2005, the District Court (Magistrate Judge Terence P Kemp) stayed the case at the request of the parties so that they could pursue settlement negotiations. The Court denied plaintiffs' request for class certification without prejudice to refilling and administratively closed the case.

On April 4, 2007, plaintiffs requested that the court ordered stay be lifted and that they be granted leave to file a second amended complaint.

On May 18, 2007, United States Magistrate Judge Kemp appointed Fred Cohen as Independent Fact Finder. Cohen assembled a team of 10 experts with whom he conducted intensive site visits of various Ohio Department of Youth Services (ODYS) facilities. The team interviewed staff, youth and ODYS officials and reviewed numerous records and reports. On December 13, 2007, Cohen issued a 214 page Fact-Finding Final Report, which addressed his team's findings and its recommendations for an overhaul of the ODYS system and facilities.

On May 21, 2008, the court approved a settlement in the case. Under the terms of the agreement, the defendants agreed to a comprehensive continuum of care in a regionalized services delivery system, a system of monitoring, youth-focused care, quality treatment interventions, engagement of families, education and vocational training of youths in the system, a grievance system, access to advocates/attorneys, strong re-entry programs, and a fair and effective release process.

Less than a week before the settlement was approved, the Department of Justice filed its own suit. Details on that case (JI-OH-0006 in this Clearinghouse) are available here. That case was soon settled, and compliance work on the two has continued together. On Feb. 11, 2015, the monitoring Correctional Institution Inspection Committee, issued a report showing a dramatic decline in use of seclusion.

Summary Authors

Kristen Sagar (3/2/2009)

Megan Richardson (6/16/2014)

Related Cases

United States v. Strickland, Southern District of Ohio (2008)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4363998/parties/sh-and-all-other-similarly-situated-v-taft/


Judge(s)

Kemp, Terence Peter (Ohio)

Marbley, Algenon L. (Ohio)

Smith, George Curtis (Ohio)

Attorneys(s) for Plaintiff

Branch, Jennifer L. (Ohio)

Coe, Cynthia (District of Columbia)

Dominguez-Reese, Silvia J. (District of Columbia)

Gerhardstein, Alphonse A. (Ohio)

Jackson, Angelina N. (Ohio)

Kinsley, Jennifer M. (Ohio)

Moore, Janet (Ohio)

Judge(s)

Kemp, Terence Peter (Ohio)

Marbley, Algenon L. (Ohio)

Smith, George Curtis (Ohio)

Attorneys(s) for Plaintiff

Branch, Jennifer L. (Ohio)

Coe, Cynthia (District of Columbia)

Dominguez-Reese, Silvia J. (District of Columbia)

Gerhardstein, Alphonse A. (Ohio)

Jackson, Angelina N. (Ohio)

Kinsley, Jennifer M. (Ohio)

Moore, Janet (Ohio)

Ramiu, Maria Felisa (California)

Sanders, Deborah F. (District of Columbia)

Scantlebury, Joseph Zavier (District of Columbia)

Schindler, Marc (District of Columbia)

Shandell, Alexandra L. (District of Columbia)

Singleton, David A. (Ohio)

Soler, Mark I. (District of Columbia)

Tandy, Kimberly Brooks (Kentucky)

Attorneys(s) for Defendant

Anger, Thomas (Ohio)

Anthony, Laura Greenberg (Ohio)

Arbogast, Janet R Hill (Ohio)

Burnes, James Place (Ohio)

Cholar, Richard Thomas Jr. (Ohio)

Goldstein, Judith B. (Ohio)

Holloway, James Eric (Ohio)

Jennings, Sharon A. (Ohio)

King, Philip A. (Ohio)

Mancini, Joseph Matthew (Ohio)

Moul, Geoffrey J. (Ohio)

Strigari, Frank M. (Ohio)

Swisher, Zachary (Ohio)

Worly, Mindy Ann (Ohio)

Other Attorney(s)

Cuncannan, Jacqueline (District of Columbia)

Dominguez, Silvia Judith (District of Columbia)

Gonzalez, Gregory (District of Columbia)

Herman, Vincent P. (District of Columbia)

Hill, Eve L. (District of Columbia)

Ogletree, Rashida J (District of Columbia)

Samuels, Jocelyn (District of Columbia)

Stewart, Carter M. (Ohio)

Tayloe, Benjamin O. (District of Columbia)

Expert/Monitor/Master

Cohen, Fred (Arizona)

Wills, Cheryl D. (Ohio)

Documents in the Clearinghouse

Document

2:04-cv-01206

Docket [PACER]

S.H. v. Taft

June 28, 2013

June 28, 2013

Docket
41

2:04-cv-01206

Order

S.H. v. Taft

July 29, 2005

July 29, 2005

Order/Opinion
46-2

2:04-cv-01206

Second Amended Class Action Complaint for Declaratory and Injunctive Relief

S.W. v. Strickrath

April 4, 2007

April 4, 2007

Complaint

2:04-cv-01206

Final Fact-Finding Report - S.H. V.. Stickrath

S.H v. Stickrath

Dec. 13, 2007

Dec. 13, 2007

Monitor/Expert/Receiver Report
108

2:04-cv-01206

STIPULATION FOR INJUNCTIVE RELIEF

May 20, 2008

May 20, 2008

Settlement Agreement

2:04-cv-01206

Psychiatry Site Visit Report

S.H. v. Strickrath

Feb. 11, 2009

Feb. 11, 2009

Monitor/Expert/Receiver Report
359

2:04-cv-01206

Consent Order

S.H. v. Reed

Jan. 18, 2013

Jan. 18, 2013

Order/Opinion

2:04-cv-01206

Justice Department Settles Lawsuit Against State of Ohio to End Unlawful Seclusion of Youth in Juvenile Correctional Facilities

No Court

May 21, 2014

May 21, 2014

Press Release
401

2:04-cv-01206

Agreed Order re: MH and Isolation

S.H. v. Strickrath

May 21, 2014

May 21, 2014

Order/Opinion

DYS Seclusion Hours: Correctional Institution Inspection Committee

[NA]

Feb. 11, 2015

Feb. 11, 2015

Monitor/Expert/Receiver Report

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4363998/sh-and-all-other-similarly-situated-v-taft/

Last updated May 30, 2022, 3:06 a.m.

ECF Number Description Date Link Date / Link
187

1 Appendix A

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2 Appendix B

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3 Appendix C

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4 Appendix D

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5 Appendix E

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6 Appendix F

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7 Appendix G

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PACER
188

PACER
189

RECAP
1

COMPLAINT filed by Plaintiffs I. H., a minor child, by and through her next friend Arthur Woodward, and all others similarly situated,, A. E., and all others similarly situated, S.H and all other similarly situated,, S.W. a minor child, by and through her next friend Brenda Woods, and all others similarly situated, D.J, a minor child, by and through her next friend Vera Johnson, and all others similarly situated, M.F. and all others similarly situated, against, Defendants Bob Taft, Ohio Department of Youth Services, Geno Natalucci-Persichetti, James Hieneman, and James York.(rew, ) (Entered: 12/21/2004)

Dec. 20, 2004

Dec. 20, 2004

RECAP
2

MOTION for attorney Marc Schindler to Appear PHV on behalf of Plaintiffs.(rew ) (Entered: 12/21/2004)

Dec. 20, 2004

Dec. 20, 2004

PACER
3

MOTION for attorney Maria F. Ramiu to Appear PHV on behalf of Plaintiffs. (rew ) (Entered: 12/21/2004)

Dec. 20, 2004

Dec. 20, 2004

PACER
4

ORDER granting Pltf's 2 Motion for Leave to Appear PHV by Marc Schindler, and granting Pltf's 3 Motion for Leave to Appear PHV by Maria F. Raimu. Counsel directed to comply with the Distrct's policies of electronic case filing and to register for ecf via website. Signed by Judge Terence P Kemp on 12/28/04. (ja, ) (Entered: 12/28/2004)

Dec. 28, 2004

Dec. 28, 2004

PACER
5

MOTION for attorney Mark Irvin Soler to Appear PHV on behalf of Plaintiffs. (rew ) (Entered: 01/18/2005)

Jan. 14, 2005

Jan. 14, 2005

PACER
6

MOTION to Certify Class by Plaintiffs I. H., a minor child, by and through her next friend Arthur Woodward, and all others similarly situated,, A. E., and all others similarly situated, S.H and all other similarly situated,, S.W. a minor child, by and through her next friend Brenda Woods, and all others similarly situated, D.J, a minor child, by and through her next friend Vera Johnson, and all others similarly situated,, M.F. and all others similarly situated,. Responses due by 2/14/2005 (Kinsley, Jennifer) (Entered: 01/19/2005)

Jan. 19, 2005

Jan. 19, 2005

PACER
7

ORDER granting # 5 Motion for attorney Mark Irvin Soler to Appear PHV on behalf of Plaintiffs. Signed by Judge Terence P Kemp on 1/20/05. (rew ) (Entered: 01/21/2005)

Jan. 21, 2005

Jan. 21, 2005

PACER
8

WAIVER OF SERVICE Returned Executed Bob Taft waiver sent on 1/21/2005, answer due 3/22/2005; Ohio Department of Youth Services waiver sent on 1/21/2005, answer due 3/22/2005; Geno Natalucci-Persichetti waiver sent on 1/21/2005, answer due 3/22/2005; James Hieneman waiver sent on 1/21/2005, answer due 3/22/2005; James York waiver sent on 1/21/2005, answer due 3/22/2005. (mlc, ) (Entered: 02/23/2005)

Feb. 23, 2005

Feb. 23, 2005

PACER
9

NOTICE by Plaintiffs I. H., a minor child, by and through her next friend Arthur Woodward, and all others similarly situated,, A. E., and all others similarly situated, S.H and all other similarly situated,, S.W. a minor child, by and through her next friend Brenda Woods, and all others similarly situated, D.J, a minor child, by and through her next friend Vera Johnson, and all others similarly situated,, M.F. and all others similarly situated, of withdrawal of Marc Schindler (Kinsley, Jennifer) (Entered: 03/09/2005)

March 9, 2005

March 9, 2005

PACER
10

Joint MOTION for Extension of Time New date requested 4/21/2005. by Defendants Bob Taft, Ohio Department of Youth Services, Geno Natalucci-Persichetti, James Hieneman, James York. (Mancini, Joseph) (Entered: 03/18/2005)

March 18, 2005

March 18, 2005

PACER
11

NOTICE: Pretrial Conference set for 5/3/2005 @ 03:30 PM in chambers before Terence P Kemp. (Attachments: # 1 Important Notice-2 # 2 Notice re Discovery)(wh, ) (Entered: 03/23/2005)

1 Important Notice-2

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2 Notice re Discovery

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March 23, 2005

March 23, 2005

PACER
12

ORDER granting # 10 Motion for Extension of Time. Respones due 4/21/05. Signed by Judge Terence P Kemp on 3/23/05. (rew ) (Entered: 03/24/2005)

March 24, 2005

March 24, 2005

PACER
13

Second MOTION for Extension of Time to File Answer re 6 MOTION to Certify Class, 1 Complaint,, New date requested 5/20/2005. by Defendant Taft and by Defendants Ohio Department of Youth Services, Geno Natalucci-Persichetti, James Hieneman, James York. (King, Philip) (Entered: 04/20/2005)

April 20, 2005

April 20, 2005

PACER
14

ORDER denying without prejudice # 13 Motion for Extension of Time to Answer. Signed by Judge Terence P Kemp on 4/25/05. (rew ) (Entered: 04/25/2005)

April 25, 2005

April 25, 2005

PACER
15

Unopposed MOTION for Extension of Time to File Answer re 1 Complaint,,, 6 MOTION to Certify Class New date requested 5/20/2005. by Defendant Taft by Defendants Ohio Department of Youth Services, Geno Natalucci-Persichetti, James Hieneman, James York. (King, Philip) (Entered: 04/25/2005)

April 25, 2005

April 25, 2005

PACER
16

ORDER granting # 15 Motion for Extension of Time to Answer Ohio Department of Youth Services answer due 5/20/2005; Geno Natalucci-Persichetti answer due 5/20/2005; James Hieneman answer due 5/20/2005; James York answer due 5/20/2005. Signed by Judge Terence P Kemp on 4/27/005. (rew ) (Entered: 04/27/2005)

April 27, 2005

April 27, 2005

PACER
17

NOTICE: Pretrial Conference reset for 5/24/2005 @ 02:00 PM by teleconference before Terence P Kemp. (wh1, ) (Entered: 04/28/2005)

April 28, 2005

April 28, 2005

PACER
18

MOTION filed by Plaintiffs for Leave to Appear PHV by Joseph Zavier Scantleberry, Esq. (ja, ) (Entered: 05/09/2005)

May 9, 2005

May 9, 2005

PACER
19

ORDER granting # 18 Motion for attorney Joseph Zavier Scantlebury to Appear phv on behalf of plaintiffs. Signed by Judge Terence P Kemp on 5/12/05. (rew ) (Entered: 05/12/2005)

May 12, 2005

May 12, 2005

PACER
20

NOTICE by Defendants Ohio Department of Youth Services, Geno Natalucci-Persichetti, James Hieneman, James York of Substitution of Geoffrey J. Moul as Trial Counsel for Defendants Ohio Department of Youth Services, Thomas Stickrath as Director of the Ohio Department of Youth Services, James Hieneman, and James York (Moul, Geoffrey) (Entered: 05/17/2005)

May 17, 2005

May 17, 2005

PACER
21

Unopposed MOTION to Reschedule Preliminary Pretrial Conference and for Extensions of Time to Move or Otherwise Plead to the Complaint and Respond to the Motion for Class Certification by Defendants Bob Taft, Ohio Department of Youth Services, Geno Natalucci-Persichetti, James Hieneman, James York. (Moul, Geoffrey) (Entered: 05/17/2005)

May 17, 2005

May 17, 2005

PACER
22

NOTICE of Change of Address by Geoffrey J Moul (Moul, Geoffrey) (Entered: 05/18/2005)

May 18, 2005

May 18, 2005

PACER
23

NOTICE: Pretrial Conference reset for 7/12/2005 @ 04:00 PM in chambers before Terence P Kemp. (wh1, ) (Entered: 05/19/2005)

May 19, 2005

May 19, 2005

PACER
24

ORDER to show cause response due by 6/20/2005. Signed by Judge Terence P Kemp on 5/19/05. (rew ) (Entered: 05/19/2005)

May 19, 2005

May 19, 2005

PACER
25

AMENDED COMPLAINT Class Action Complaint For Declaratory and Injunctive Relief against all defendants, filed by Plaintiffs I. H., a minor child, by and through her next friend Arthur Woodward, and all others similarly situated,, A. E., and all others similarly situated, S.H and all other similarly situated,, S.W. a minor child, by and through her next friend Brenda Woods, and all others similarly situated, D.J, a minor child, by and through her next friend Vera Johnson, and all others similarly situated,, M.F. and all others similarly situated,, Defendants Bob Taft, Ohio Department of Youth Services, Geno Natalucci-Persichetti, James Hieneman, James York.(Kinsley, Jennifer) (Entered: 06/15/2005)

June 15, 2005

June 15, 2005

RECAP
26

MOTION to file juvenile plaintiffs' affidavits under seal. (rew ) (Entered: 06/17/2005)

June 16, 2005

June 16, 2005

PACER
27

Unopposed MOTION for Extension of Time to Respond to the Motion for Class Certification by Defendants Bob Taft, Ohio Department of Youth Services, Geno Natalucci-Persichetti, James Hieneman, James York. (Moul, Geoffrey) (Entered: 06/21/2005)

June 21, 2005

June 21, 2005

PACER
28

ORDER granting # 26 Motion to Seal affidavits under seal in support of their first amended complaint. Signed by Judge Terence P Kemp on 6/23/05. (rew) (Entered: 06/23/2005)

June 23, 2005

June 23, 2005

PACER
29

NOTICE of Appearance by Sharon A Jennings Defendant Bob Taft (Jennings, Sharon) (Entered: 07/05/2005)

July 5, 2005

July 5, 2005

PACER
30

MOTION for Extension of Time to File Answer New date requested 7/11/2005. by Defendants Bob Taft, Ohio Department of Youth Services, Geno Natalucci-Persichetti, James Hieneman, James York. (Geoffrey Moul) Modified on 7/6/2005 to reflect correct attorney (lvw, ). (Entered: 07/05/2005)

July 5, 2005

July 5, 2005

PACER
31

Sealed Document #26 Motion to file juvenile plaintiffs' affidavits unser seal. Sealed affidavits.(rew1 ) (Entered: 07/05/2005)

July 5, 2005

July 5, 2005

PACER
32

NOTICE of Appearance by Frank M Strigari Defendant Bob Taft (Strigari, Frank) (Entered: 07/05/2005)

July 5, 2005

July 5, 2005

PACER
33

RULE 26(f) REPORT by Defendants Bob Taft, Ohio Department of Youth Services, Geno Natalucci-Persichetti, James Hieneman, James York. (Geoffrey Moul) Modified on 7/6/2005 to reflect correct attorney(lvw, ). (Entered: 07/05/2005)

July 5, 2005

July 5, 2005

PACER
34

AMENDED DOCUMENT by Defendants Bob Taft, Ohio Department of Youth Services, Geno Natalucci-Persichetti, James Hieneman, James York. Amendment to the Rule 26(f) Report of the Parties. (Moul, Geoffrey) (Entered: 07/08/2005)

July 8, 2005

July 8, 2005

PACER
35

MOTION to Reassign Case by Plaintiffs I. H., a minor child, by and through her next friend Arthur Woodward, and all others similarly situated,, A. E., and all others similarly situated, S.H and all other similarly situated,, S.W. a minor child, by and through her next friend Brenda Woods, and all others similarly situated, D.J, a minor child, by and through her next friend Vera Johnson, and all others similarly situated,, M.F. and all others similarly situated,. (Kinsley, Jennifer) (Entered: 07/11/2005)

July 11, 2005

July 11, 2005

PACER
36

MOTION to Dismiss by Defendants Thomas Stickrath, Robert Pritchett, James York. Responses due by 8/4/2005 (Moul, Geoffrey) (Entered: 07/11/2005)

July 11, 2005

July 11, 2005

PACER
37

MOTION to Dismiss Party by Defendant Bob Taft. Responses due by 8/4/2005 (Jennings, Sharon) (Entered: 07/11/2005)

July 11, 2005

July 11, 2005

PACER
38

MOTION for Protective Order To Stay Discovery Rather Than Set a Discovery Schedule by Defendants Thomas Stickrath, Robert Pritchett, James York. (Moul, Geoffrey) (Entered: 07/14/2005)

July 14, 2005

July 14, 2005

PACER
39

PRELIMINARY PRETRIAL ORDER: Joinder of Parties due and Motions to Amend due by 10/15/2005. Any motions related to venue or jurisdiction shall be filed by 10/01/05. Signed by Judge Terence P Kemp on 7/20/05. (rew ) (Entered: 07/20/2005)

July 20, 2005

July 20, 2005

PACER
40

MOTION to Stay by Plaintiffs I. H., a minor child, by and through her next friend Arthur Woodward, and all others similarly situated,, A. E., and all others similarly situated, S.H and all other similarly situated,, S.W. a minor child, by and through her next friend Brenda Woods, and all others similarly situated, D.J, a minor child, by and through her next friend Vera Johnson, and all others similarly situated,, M.F. and all others similarly situated,, Defendants Thomas Stickrath, Robert Pritchett, Bob Taft, Ohio Department of Youth Services, Geno Natalucci-Persichetti, James Hieneman, James York. (Moul, Geoffrey) (Entered: 07/27/2005)

July 27, 2005

July 27, 2005

PACER
41

ORDER this case is stayed until further notice. Signed by Judge Terence P Kemp on 7/29/05. (rew ) (Entered: 07/29/2005)

July 29, 2005

July 29, 2005

PACER
42

ORDER denying 6 Motion to Certify Class without prejudice to refiling after the stay is lifted. This case is ADMINISTRATIVELY CLOSED. The Court will lift stay and restore case to its active docket upon motion of any party. Signed by Judge George C. Smith on 8/23/05. (lvw, ) (Entered: 08/23/2005)

Aug. 23, 2005

Aug. 23, 2005

RECAP
43

MOTION to Withdraw as Attorney by Elizabeth E. Gorman by Plaintiffs I. H., a minor child, by and through her next friend Arthur Woodward, and all others similarly situated,, A. E., and all others similarly situated, S.H and all other similarly situated,, S.W. a minor child, by and through her next friend Brenda Woods, and all others similarly situated, D.J, a minor child, by and through her next friend Vera Johnson, and all others similarly situated,, M.F. and all others similarly situated,. (Kinsley, Jennifer) (Entered: 03/13/2006)

March 13, 2006

March 13, 2006

PACER
44

ORDER granting 43 Elizabeth Gorman's Motion to Withdraw as Attorney for Plaintiffs. Signed by Judge Terence P Kemp on 03/14/06. (dms) (Entered: 03/14/2006)

March 14, 2006

March 14, 2006

PACER
45

NOTICE of Appearance by Alphonse Adam Gerhardstein for Plaintiffs S.W. a minor child, by and through her next friend Brenda Woods, and all others similarly situated; D.J., a minor child, by and through her next friend Vera Johnson, and all others similarly situated; & M.F., and all others similarly situated. (Gerhardstein, Alphonse) Modified on 4/4/2007 to correct filers (kk2). (Entered: 04/03/2007)

April 3, 2007

April 3, 2007

PACER
46

MOTION to lift stay and amend complaint by Plaintiff S.H and all other similarly situated,. (Attachments: # 1 Second Amended Complaint)(Gerhardstein, Alphonse) (Entered: 04/04/2007)

1 Second Amended Complaint

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April 4, 2007

April 4, 2007

PACER
47

NOTICE: Status Conference set for 4/12/2007 @ 9:30am in chambers before Terence P Kemp - (wh1) (Entered: 04/05/2007)

April 5, 2007

April 5, 2007

PACER
48

NOTICE by Plaintiffs I. H., a minor child, by and through her next friend Arthur Woodward, and all others similarly situated,, A. E., and all others similarly situated, S.H and all other similarly situated,, S.W. a minor child, by and through her next friend Brenda Woods, and all others similarly situated, D.J, a minor child, by and through her next friend Vera Johnson, and all others similarly situated,, M.F. and all others similarly situated, of withdrawal of Mark Soler as co-counsel for Plaintiffs (Kinsley, Jennifer) (Entered: 04/06/2007)

April 6, 2007

April 6, 2007

PACER
49

NOTICE by Plaintiffs I. H., a minor child, by and through her next friend Arthur Woodward, and all others similarly situated,, A. E., and all others similarly situated, S.H and all other similarly situated,, S.W. a minor child, by and through her next friend Brenda Woods, and all others similarly situated, D.J, a minor child, by and through her next friend Vera Johnson, and all others similarly situated,, M.F. and all others similarly situated, of withdrawal of Joe Scantlebury as co-counsel for Plaintiffs (Kinsley, Jennifer) (Entered: 04/06/2007)

April 6, 2007

April 6, 2007

PACER
50

NOTICE by Plaintiff S.H and all other similarly situated, of filing Plaintiffs Proposed Case Management Plan and Case Schedule (Gerhardstein, Alphonse) (Entered: 04/06/2007)

April 6, 2007

April 6, 2007

PACER
51

NOTICE of Appearance by Joseph M. Mancini for Defendants Thomas Stickrath, Robert Pritchett, Ohio Department of Youth Services, Geno Natalucci-Persichetti, James Hieneman, James York (Mancini, Joseph) (Entered: 04/10/2007)

April 10, 2007

April 10, 2007

PACER
52

NOTICE of Appearance by Janet R Hill Arbogast for Defendants Thomas Stickrath, Robert Pritchett, Ohio Department of Youth Services, Geno Natalucci-Persichetti, James Hieneman, James York (Arbogast, Janet) (Entered: 04/10/2007)

April 10, 2007

April 10, 2007

PACER
53

MOTION to Withdraw as Attorney by Defendants Thomas Stickrath, Robert Pritchett, Ohio Department of Youth Services, Geno Natalucci-Persichetti, James Hieneman, James York. (Moul, Geoffrey) (Entered: 04/11/2007)

April 11, 2007

April 11, 2007

PACER
54

NOTICE: Status Conference RESET for 4/20/2007 @ 3:00pm in chambers before Terence P Kemp - (wh1) (Entered: 04/11/2007)

April 11, 2007

April 11, 2007

PACER
55

ORDER signed by Judge Terence P Kemp on 4/11/2007 granting 53 Motion to Withdraw as Attorney by Murray Murphy Moul + Basil LLP -attorney Geoffrey J Moul terminated - (wh1) (Entered: 04/11/2007)

April 11, 2007

April 11, 2007

PACER
56

Mail Returned as Undeliverable re 47 . Mail sent to Mark Irvin Soler. (pes) (Entered: 04/19/2007)

April 18, 2007

April 18, 2007

PACER
57

Mail Returned as Undeliverable re 47 . Mail sent to Joseph Zavier Scantlebury (pes) (Entered: 04/19/2007)

April 18, 2007

April 18, 2007

PACER
58

ORDER signed by Judge Terence P Kemp on 4/25/2007 -dfts response to pltfs proposal to include all DYS facilities in OH due 5/10/2007 -conf set for 5/17/2007 @ 4:30pm w/TPK - (wh1) (Entered: 04/25/2007)

April 25, 2007

April 25, 2007

PACER
59

NOTICE: Status Conference set for 5/17/2007 @ 4:30pm in chambers before Terence P Kemp - (wh1) (Entered: 04/25/2007)

April 25, 2007

April 25, 2007

PACER
60

RESPONSE to Motion re 46 MOTION to lift stay and amend complaint filed by Defendants Thomas Stickrath, Robert Pritchett, Ohio Department of Youth Services, Geno Natalucci-Persichetti, James Hieneman, James York. (Mancini, Joseph) (Entered: 04/25/2007)

April 25, 2007

April 25, 2007

PACER
61

NOTICE by Defendants Thomas Stickrath, Robert Pritchett, Ohio Department of Youth Services, Geno Natalucci-Persichetti, James Hieneman, James York Of Filing The Parties Proposed Case Management Plan (Mancini, Joseph) (Entered: 05/10/2007)

May 10, 2007

May 10, 2007

PACER
62

ORDER signed by Judge Terence P Kemp on 5/18/2007 - # 61 incorporated in its entirety -proposed class certification & ntc and proposed protective order due 6/15/07 - (wh1) (Entered: 05/18/2007)

May 18, 2007

May 18, 2007

PACER
63

ORDER REFERRING CASE to Magistrate Judge Terence P. Kemp. Signed by Judge George C Smith on 5-23-07. (ga, ) (Entered: 05/23/2007)

May 23, 2007

May 23, 2007

PACER
64

MOTION for Order to Grant Extension of Time by Defendants Thomas Stickrath, Robert Pritchett, Ohio Department of Youth Services, Geno Natalucci-Persichetti, James Hieneman, James York. (Mancini, Joseph) (Entered: 06/15/2007)

June 15, 2007

June 15, 2007

PACER
65

ORDER granting 64 Motion for extension of time to file a Proposed Class Certification Order and Notice, a Proposed Protective Order and a Joint Status Report - ext to 6/25/07. Signed by Judge Terence P Kemp on 6/18/07. (jr) (Entered: 06/18/2007)

June 18, 2007

June 18, 2007

PACER
66

JOINT NOTICE of Filing The Parties' Proposed Class Certification Order, Proposed Notice to Class and Proposed Protective Order by Defendants Thomas Stickrath, Robert Pritchett, Ohio Department of Youth Services, Geno Natalucci-Persichetti, James Hieneman, James York & all Plaintiffs. (Attachments: # 1 Proposed Class Certification Order# 2 Proposed Notice to Class# 3 Proposed Protective Order) (Mancini, Joseph) Modified on 6/26/2007 to correct/clarify text & filers (kk2). (Entered: 06/25/2007)

1 Proposed Class Certification Order

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2 Proposed Notice to Class

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3 Proposed Protective Order

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June 25, 2007

June 25, 2007

PACER
67

OPINION AND ORDER - The unopposed motions to lift stay and amend complaint 46 and the unopposed motion for class certification 6 are granted. Signed by Judge Terence P Kemp on 7/9/07. (jr) (Entered: 07/09/2007)

July 9, 2007

July 9, 2007

RECAP
68

AMENDED COMPLAINT filed by Plaintiffs B. F., a minor child, by and through his next friend Rod Fuller, and all others similarly situated, S.W. a minor child, by and through her next friend Brenda Woods, and all others similarly situated, D.J, a minor child, by and through her next friend Vera Johnson, and all others similarly situated, against Defendant Thomas Stickrath. (jr) (Entered: 07/09/2007)

July 9, 2007

July 9, 2007

PACER
69

JOINT STATUS REPORT by Defendant Thomas Stickrath, Plaintiffs B. F., a minor child, by and through his next friend Rod Fuller, and all others similarly situated, S.W. a minor child, by and through her next friend Brenda Woods, and all others similarly situated, D.J, a minor child, by and through her next friend Vera Johnson, and all others similarly situated,. (Mancini, Joseph) (Entered: 07/25/2007)

July 25, 2007

July 25, 2007

PACER
70

STATUS REPORT of the Parties by Plaintiffs B. F., a minor child, by and through his next friend Rod Fuller, and all others similarly situated, S.W. a minor child, by and through her next friend Brenda Woods, and all others similarly situated, D.J, a minor child, by and through her next friend Vera Johnson, and all others similarly situated,. (Gerhardstein, Alphonse) (Entered: 08/28/2007)

Aug. 28, 2007

Aug. 28, 2007

PACER
71

NOTICE by Defendant Thomas Stickrath of filing the Parties Joint Monthly Report For September Of 2007 (Mancini, Joseph) (Entered: 09/27/2007)

Sept. 27, 2007

Sept. 27, 2007

PACER
72

STATUS REPORT by Defendant Thomas Stickrath, Plaintiffs B. F., a minor child, by and through his next friend Rod Fuller, and all others similarly situated, S.W. a minor child, by and through her next friend Brenda Woods, and all others similarly situated, D.J, a minor child, by and through her next friend Vera Johnson, and all others similarly situated,. (Arbogast, Janet) (Entered: 10/29/2007)

Oct. 29, 2007

Oct. 29, 2007

PACER
73

NOTICE by Defendant Thomas Stickrath of Filing the Parties Joint Monthly Report for November of 2007 (Mancini, Joseph) (Entered: 12/07/2007)

Dec. 7, 2007

Dec. 7, 2007

PACER
74

MOTION for Order to Grant Defendants Motion To Reassign by Defendant Thomas Stickrath. (Attachments: # 1 Exhibit A, Doc 35 SH v Taft Motion to Reassign# 2 Carpenter v. GAF# 3 Tri-Med v. National) (Mancini, Joseph) (Entered: 12/07/2007)

1 Exhibit A, Doc 35 SH v Taft Motion to Reassign

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2 Carpenter v. GAF

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3 Tri-Med v. National

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Dec. 7, 2007

Dec. 7, 2007

PACER
75

RESPONSE to Motion re 74 MOTION for Order to Grant Defendants Motion To Reassign filed by Plaintiff S.H and all other similarly situated,. (Attachments: # 1 Exhibit A: Stipulation of Settlement# 2 Exhibit B - Consent Decree# 3 Exhibit C - Motion to Show Cause) (Gerhardstein, Alphonse) (Entered: 12/28/2007)

1 Exhibit A: Stipulation of Settlement

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2 Exhibit B - Consent Decree

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3 Exhibit C - Motion to Show Cause

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Dec. 28, 2007

Dec. 28, 2007

PACER
76

NOTICE by Defendant Thomas Stickrath of Filing Final Fact-Finding Report (Attachments: # 1 Errata Cover Letter from Fred Cohen# 2 Appendix A-Complaint# 3 Appendix B- Ohio Statute# 4 Appendix C-Community Corrections Rpt# 5 Appendix E Mental Health Plan# 6 Appendix F-Conditions Report) (Mancini, Joseph) (Entered: 12/31/2007)

1 Errata Cover Letter from Fred Cohen

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2 Appendix A-Complaint

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3 Appendix B- Ohio Statute

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4 Appendix C-Community Corrections Rpt

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5 Appendix E Mental Health Plan

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6 Appendix F-Conditions Report

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Dec. 31, 2007

Dec. 31, 2007

PACER
77

NOTICE by Defendant Thomas Stickrath of Filing the Parties Joint Monthly Report for December of 2007 (Mancini, Joseph) (Entered: 01/07/2008)

Jan. 7, 2008

Jan. 7, 2008

PACER
78

NOTICE: Status Conference set for 1/16/2008 @ 2:30pm in chambers before Terence P Kemp - (wh1) (Entered: 01/09/2008)

Jan. 9, 2008

Jan. 9, 2008

PACER
79

NOTICE: Status Conference set for 1/22/2008 @ 4:00pm by teleconference before Terence P Kemp - (wh1) (Entered: 01/22/2008)

Jan. 22, 2008

Jan. 22, 2008

PACER
80

NOTICE: Status Conference set for 1/29/2008 @ 4:00pm by teleconference before Terence P Kemp - (wh1) (Entered: 01/22/2008)

Jan. 22, 2008

Jan. 22, 2008

PACER
81

NOTICE: Status Conference set for 2/12/2008 @ 8:00am by teleconference before Terence P Kemp - (wh1) (Entered: 01/22/2008)

Jan. 22, 2008

Jan. 22, 2008

PACER
82

NOTICE: Status Conference set for 2/26/2008 @ 2:00pm in chambers before Terence P Kemp - (wh1) (Entered: 01/22/2008)

Jan. 22, 2008

Jan. 22, 2008

PACER
83

NOTICE by Defendant Thomas Stickrath of Withdrawal as Counsel for Defendant (Arbogast, Janet) (Entered: 01/24/2008)

Jan. 24, 2008

Jan. 24, 2008

PACER
84

NOTICE by Defendant Thomas Stickrath of Withdrawal as Counsel for Defendant (Arbogast, Janet) (Entered: 01/25/2008)

Jan. 25, 2008

Jan. 25, 2008

PACER
85

NOTICE: Status Conference set for 2/11/2008 @ 5:00pm by teleconference before Terence P Kemp - (wh1) (Entered: 02/07/2008)

Feb. 7, 2008

Feb. 7, 2008

PACER
86

ORDER REASSIGNING CASE. Case reassigned to Algenon L. Marbley and Terence P Kemp for all further proceedings.. Signed by Algenon L. Marbley on 2/26/2008. (cw, ) (Entered: 02/26/2008)

Feb. 26, 2008

Feb. 26, 2008

PACER
87

NOTICE by Defendant Thomas Stickrath of Filing Appendix D to Final-Fact Finding Report (Attachments: # 1 Crow Reports, # 2 Loughran Reports, # 3 Martin Reports, # 4 Peterson Reports, # 5 Prentky Report, # 6 Roush Report, # 7 Sauter Reports, # 8 Shansky Reports, # 9 Smith Reports) (Mancini, Joseph) (Entered: 02/27/2008)

1 Crow Reports

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2 Loughran Reports

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3 Martin Reports

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4 Peterson Reports

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5 Prentky Report

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6 Roush Report

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7 Sauter Reports

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8 Shansky Reports

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9 Smith Reports

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Feb. 27, 2008

Feb. 27, 2008

PACER
88

NOTICE: Status Conference set for 3/12/2008 @ 10:30am by teleconference before Terence P Kemp - (wh1) (Entered: 03/07/2008)

March 7, 2008

March 7, 2008

PACER
89

NOTICE of Appearance by J Eric Holloway Defendant Thomas Stickrath (Holloway, J) (Entered: 03/13/2008)

March 13, 2008

March 13, 2008

PACER
90

Final MOTION to Intervene as a Party Defendant. (Attachments: # 1 Answer and crossclaim) (Melle, James) Modified on 3/27/2008 - doc. deleted as it was unsigned; see # 91 for corrected docket entry (pes). (Entered: 03/19/2008)

March 19, 2008

March 19, 2008

PACER
91

MOTION to Intervene by Defendant Ohio Civil Service Employees Association, AFSCME Local 11, AFL-CIO. (Attachments: # 1 Answer and Crossclaim) (Melle, James) (Entered: 03/20/2008)

1 Answer and Crossclaim

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March 20, 2008

March 20, 2008

PACER
92

Joint MOTION for Settlement (Class Action Approval) by Plaintiff S.H and all other similarly situated,. (Attachments: # 1 Draft Order Preliminarily Approving Class Action Settlement, # 2 Draft Notice of Proposed Class Settlement, # 3 Draft Stipulation for Injunctive Relief) (Gerhardstein, Alphonse) (Entered: 04/03/2008)

1 Draft Order Preliminarily Approving Class Action Settlement

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2 Draft Notice of Proposed Class Settlement

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3 Draft Stipulation for Injunctive Relief

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April 3, 2008

April 3, 2008

PACER
93

RESPONSE in Opposition re 90 Final MOTION to Intervene as a Party Defendant, 91 MOTION to Intervene filed by Plaintiff S.H and all other similarly situated,. (Gerhardstein, Alphonse) (Entered: 04/09/2008)

April 9, 2008

April 9, 2008

PACER
94

ORDER Setting Hearing to consider final approval of stipulated injunction: Hearing set for 5/21/2008 08:30 AM in Courtroom 1 before Algenon L. Marbley.. Signed by Algenon L. Marbley on 4/9/2008. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (cw, ) (Entered: 04/09/2008)

1 Exhibit 1

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2 Exhibit 2

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April 9, 2008

April 9, 2008

PACER
95

NOTICE OF PROPOSED CLASS SETTLEMENT. Signed by Algenon L. Marbley on 4/11/2008. (cw, ) (Entered: 04/11/2008)

April 11, 2008

April 11, 2008

RECAP
96

RESPONSE to Motion re 91 MOTION to Intervene filed by Defendant Thomas Stickrath. (Holloway, J) (Entered: 04/14/2008)

April 14, 2008

April 14, 2008

PACER
97

REPLY to Response to Motion re 91 MOTION to Intervene filed by Defendant Ohio Civil Service Employees Association, AFSCME Local 11, AFL-CIO. (Attachments: # 1 Affidavit Sandra Bell, # 2 Exhibit Collective Bargaining Agreement) (Melle, James) (Entered: 04/18/2008)

1 Affidavit Sandra Bell

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2 Exhibit Collective Bargaining Agreement

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April 18, 2008

April 18, 2008

PACER

Case Details

State / Territory: Ohio

Case Type(s):

Juvenile Institution

Special Collection(s):

Strip Search Cases

Key Dates

Filing Date: Dec. 24, 2004

Closing Date: 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All persons who are now, or in the future, will be held in the custody or under the supervision of ODYS.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Youth Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Ohio Department of Youth Services (ODYS), State

Circleville Youth Center, State

Cuyahoga Hills Boys School, State

Indian River School, State

Marion Juvenile Correctional Center, State

Mohican Youth Center, State

Ohio River Valley Youth Center, State

Scioto Juvenile Correctional Center, State

Freedom Center, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

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: 2008 - 0

Issues

General:

Assault/abuse by residents/inmates/students

Assault/abuse by staff

Classification / placement

Confinement/isolation

Disciplinary procedures

Education

Personal injury

Restraints : physical

Search policies

Sexual abuse by residents/inmates

Staff (number, training, qualifications, wages)

Strip search policy

Totality of conditions

Affected Gender:

Female

Male

Medical/Mental Health:

Medical care, general

Mental health care, general

Type of Facility:

Government-run