Case: Allen v. Leis

1:00-cv-00261 | U.S. District Court for the Southern District of Ohio

Filed Date: April 5, 2000

Closed Date: 2004

Clearinghouse coding complete

Case Summary

On April 5, 2000, a pre-trial detainee represented by private counsel filed a class action civil rights lawsuit pursuant to 42 U.S.C. § 1983 in the United States District Court for the Southern District of Ohio, challenging the Hamilton County Prisoner Reimbursement Policy, also known as the "Pay-for-Stay" Program. The program required inmates to reimburse Hamilton County for expenses incurred by reason of that person's confinement, including a $30.00 "Book-in-Fee." When detainees were booke…

On April 5, 2000, a pre-trial detainee represented by private counsel filed a class action civil rights lawsuit pursuant to 42 U.S.C. § 1983 in the United States District Court for the Southern District of Ohio, challenging the Hamilton County Prisoner Reimbursement Policy, also known as the "Pay-for-Stay" Program. The program required inmates to reimburse Hamilton County for expenses incurred by reason of that person's confinement, including a $30.00 "Book-in-Fee." When detainees were booked, $30 in cash was taken from detainees' personal property to cover the fee. Plaintiff alleged that the policies were tantamount to the taking of personal property without due process of law, in violation of the Fifth and Fourteenth Amendments to the United States Constitution. The policy was enacted pursuant to Ohio Revised Code § 341.06, the "Prisoner Reimbursement Policy," which authorized county sheriffs to seek reimbursement from pretrial detainees and convicted prisoners related to the administrative costs of their confinement.

Plaintiff sought compensatory and punitive damages and moved for injunctive relief and class certification. The Ohio Attorney General moved to intervene in the case. Hamilton County in turn moved for summary judgment. All motions were argued at a hearing on May 10, 2001.

In a lengthy order dated Jun 19, 2001, the District Court (Senior District Judge S. Arthur Spiegel) found that factual issues precluded summary judgment. The Court denied the request for a preliminary injunction, noting that parties advised that the County had refunded all but less than 3% of the funds it seized. Plaintiff withdrew his requested relief for compensatory and punitive damages in this case, and sought only an Order of Restitution to reimburse Plaintiff for the "confiscated funds" that were taken by the County and not returned. The Attorney General was allowed to intervene. Ruling on class certification was deferred. Defendants' motion for summary judgment was granted to the extent it rested upon their claim of qualified immunity shielding them from individual liability. Allen v. Leis, 154 F.Supp.2d 1240 (S.D. Ohio 2001).

On November 20, 2001, the District Court certified the case as a class action, defining the class as "all persons whose funds were confiscated before conviction under the Hamilton County Pay-to-Stay Program." Allen v. Leis, 204 F.R.D. 401 (S.D. Ohio 2001). Defendants sought leave to appeal the certification ruling, but the Sixth Circuit Court of Appeals refused to entertain the appeal.

Plaintiff then moved for partial summary judgment on the issue of liability. Judge Spiegel granted plaintiff's motion, finding that the state statute authorizing reimbursement from convicted prisoners of certain incarceration-related expenses was not unconstitutional but, as implemented by the County and as a matter of law, the Hamilton County Pay-For-Stay Program failed to afford prisoners due process (by taking their money pre-conviction, i.e., before any reimbursement obligation existed) and was, therefore, unconstitutional. Allen v. Leis, 213 F. Supp.2d 819 (S.D.Ohio 2002); see also Allen v. Leis, 2002 WL 1752279 (S.D. Ohio July 12, 2002) (having been found liable, defendants required to pay class notification expenses).

Settlement negotiations followed and the parties ultimately resolved the case. On February 11, 2003, the Court preliminarily approved the settlement and modified the class certification to cover a class composed of all persons who had funds of $1.00 or more taken pursuant to the Hamilton County pay-to-stay program from 8/18/98 to 4/29/02 and whose conviction, if any, had not been expunged pursuant to Chapter 2953 of Ohio Revised Code.

Following a fairness hearing on May 1, 2003, the Court entered final judgment (dated June 25, 2003) approving the proposed class settlement. The settlement terms were not reflected in the PACER docket entries and were not otherwise made available.

Judge Spiegel had entered a separate agreed order on June 12, 2003, wherein defendants agreed to pay $57,080.75 as payment in full for all attorneys' fees and costs. Additional fees were possible if the parties needed to litigate any individual class claims for payment.

Administration of the settlement was closed on March 23, 2004.

Summary Authors

Dan Dalton (2/24/2008)

People


Judge(s)

Spiegel, S. Arthur (Ohio)

Attorneys(s) for Plaintiff

Felson, Stephen R. (Ohio)

Newman, Robert B. (Ohio)

Attorneys(s) for Defendant

McCullough, C. Joseph (Ohio)

Reynolds, Shannon M. (Ohio)

Schaefer, Christian Joseph (Ohio)

Zorn, Philip Lewis Jr. (Ohio)

Other Attorney(s)

Active

Active

Judge(s)

Spiegel, S. Arthur (Ohio)

Attorneys(s) for Plaintiff

Felson, Stephen R. (Ohio)

Newman, Robert B. (Ohio)

Attorneys(s) for Defendant

McCullough, C. Joseph (Ohio)

Reynolds, Shannon M. (Ohio)

Schaefer, Christian Joseph (Ohio)

Zorn, Philip Lewis Jr. (Ohio)

Other Attorney(s)

Pierre, Darrell M. Jr. (Ohio)

Porter, Elise (Ohio)

Documents in the Clearinghouse

Document

1:00-cv-00261

Docket

March 24, 2004

March 24, 2004

Docket
24

1:00-cv-00261

Order

Allen v. Leis, et al.

154 F.Supp.2d 1240

June 19, 2001

June 19, 2001

Order/Opinion
43

1:00-cv-00261

Order

204 F.R.D. 401

Nov. 20, 2001

Nov. 20, 2001

Order/Opinion
58

1:00-cv-00261

Order

213 F.Supp.2d 819

April 25, 2002

April 25, 2002

Order/Opinion
64

1:00-cv-00261

Order

Allen v. Leis, et al.

2002 WL 1752279, 2002 U.S.Dist.LEXIS 14764

July 12, 2002

July 12, 2002

Order/Opinion
107

1:00-cv-00261

Order

Allen v. Leis, et al.

March 23, 2004

March 23, 2004

Order/Opinion

Resources

Docket

Last updated Aug. 10, 2022, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT & JURY DEMAND ( no. pgs: 7) (km) (Entered: 04/05/2000)

April 5, 2000

April 5, 2000

Filing Fee Paid: on 4/5/00 in the amount of $ 150.00, receipt # 406841. (km) (Entered: 04/05/2000)

April 5, 2000

April 5, 2000

2

WAIVER OF SERVICE mailed to defendants Simon L Leis Jr, Bob Bedinghaus, Tom Neyer and John Dowlin on 4/6/00 Answer due on 6/5/00 for John Dowlin, Tom Neyer Bob Bedinghaus, and Simon L Leis Jr ( no pgs: 4) (km) (Entered: 05/15/2000)

May 15, 2000

May 15, 2000

3

ANSWER by defendants; jury demand ( no pgs: 9) (km) (Entered: 06/01/2000)

June 1, 2000

June 1, 2000

4

MOTION by plaintiff Anthony Allen to extend time until 10/6/00 to file class certification ( no pgs: 2) (vp) (Entered: 08/07/2000)

Aug. 4, 2000

Aug. 4, 2000

NOTATION ORDER by Judge S. A. Spiegel granting motion to extend time until 10/6/00 to file class certification [4-1] (cc: all counsel) (km) (Entered: 08/18/2000)

Aug. 18, 2000

Aug. 18, 2000

5

NOTICE setting this action for Preliminary PTC 9:00 9/27/00 Rm 838 before J Spiegel (no pgs: 1) (cc: all counsel) (km) (Entered: 08/22/2000)

Aug. 22, 2000

Aug. 22, 2000

7

MOTION by plaintiff to certify class ; afdt of Robert B Newman attached ( no pgs: 10+) (km) (Entered: 03/01/2001)

Feb. 28, 2001

Feb. 28, 2001

8

MOTION by plaintiff for preliminary injunction ; afdt of Robert B Newman Esq attached ( no pgs: 13+) (km) (Entered: 03/02/2001)

March 2, 2001

March 2, 2001

9

NOTICE of hearing ; Status conference set for 10:00 3/15/01 Rm 838 before J Spiegel (cc: all counsel) (km) (Entered: 03/07/2001)

March 7, 2001

March 7, 2001

10

STIPULATION by parties that county defts Simon L Leis Jr, Bob Bedinghaus, Tom Neyer and John Dowlin are granted ext of time to 4/27/01 to file response/memopp to motion to certify class [7-1] and motion for preliminary injunction [8-1] ( no pgs: 2) (km) (Entered: 03/15/2001)

March 15, 2001

March 15, 2001

11

ORDER by Judge S. A. Spiegel ; Status conference held 10:00 3/15/01 ; pursuant to request of parties the court sets the following schedule in regards to the motion to certify class [7-1] and motion for preliminary injunction [8-1]; defts response to motions ddl set for 4/27/01; pltfs reply to response to motions ddl set for 5/7/01; the court sets a hearing on motion to certify class [7-1] and motion for preliminary injunction [8-1] at 9:30 5/10/01 (cc: all counsel) ( no pgs: 2) (km) (Entered: 03/15/2001)

March 15, 2001

March 15, 2001

Deposition of Dale C McMillian taken 3/7/01 by plaintiff (km) (Entered: 03/30/2001)

March 29, 2001

March 29, 2001

12

NOTICE of hearing setting hearing on motion for preliminary injunction [8-1] for 9:30 5/10/01 Ctrm 842 before J Spiegel (cc: all counsel) (km) (Entered: 04/04/2001)

April 4, 2001

April 4, 2001

13

REQUEST/SUGGESTION by defendants that the court certify to the Ohio Atty General that the plaintiff is challenging the constitutionality of ORC 341.06 ( no pgs: 3) (km) (Entered: 04/17/2001)

April 17, 2001

April 17, 2001

14

ORDER by Judge S. A. Spiegel re Suggestion that the Court certify to the Ohio Atty General that the pltf is challenging the constitutionality of ORC 341.06 [13-1]; this court certifies to the Ohio Atty General that in accordance with 28:2403(b) and LR 10.1(a) the constitutionality of ORC 341.06 has been drawn into question by pltf in his complaint [1-1]; motion to certify the class [7-1] and motion for preliminary injunction [8- 1]; accordingly in the interests of fairness to all parties the court sets the following briefing schedule on the issue: (1) Ohio Atty General memsupp and/or ntc of intervention ddl set for 5/1/01; (2) parties to respond to such memoranda ddl set for 5/4/01; Ohio Atty General's rply memo ddl set for 5/8/01; and (4) a hearing on pltfs motion for preliminary injunction is set for 9:30 5/10/01; all interested parties will be given an opportunity to be heard on the constitutionality of ORC 341.06 (cc: all counsel) ( no pgs: 4) (km) (Entered: 04/25/2001)

April 25, 2001

April 25, 2001

15

MEMORANDUM by defendants in opposition to motion to certify class [7-1] and motion for preliminary injunction [8-1]; afdt of Simon L Leis Jr attached ( no pgs: 43+) (km) (Entered: 04/27/2001)

April 27, 2001

April 27, 2001

16

NOTICE by defendants of filing deposition of Anthony Allen ( no pgs: 2) (km) (Entered: 04/27/2001)

April 27, 2001

April 27, 2001

Deposition of Anthony Allen taken 3/26/01 by defendants (km) (Entered: 04/27/2001)

April 27, 2001

April 27, 2001

17

NOTICE OF INTERVENTION by intervenor Betty D Montgomery pursuant to court order of 4/25/01, for the sole purpose of defending ORC 341.06 on its face but not as applied by the Hamilton County policy ( no pgs: 6) (km) (Entered: 05/01/2001)

April 30, 2001

April 30, 2001

17

MOTION by intervenor Betty D Montgomery to extend time until 5/15/01 in which to file memo in response to motion for preliminary injunction , or in the alternative to file a post-hearing brief ( no pgs: 6) (km) (Entered: 05/01/2001)

April 30, 2001

April 30, 2001

18

MOTION by defendants for summary judgment ; afdt of Simon L Leis Jr attached; ORAL ARGUMENT REQUESTED ( no pgs: 31+) (km) (Entered: 05/01/2001)

May 1, 2001

May 1, 2001

19

REPLY by plaintiff to response to motion for preliminary injunction [8- 1] ( no pgs: 20) (km) (Entered: 05/08/2001)

May 7, 2001

May 7, 2001

19

MEMORANDUM by plaintiff in opposition to defendants motion for summary judgment [18-1] ( no pgs: 20) (km) (Entered: 05/08/2001)

May 7, 2001

May 7, 2001

Errata and Signature Page to deposition of Dale C McMillian taken 3/7/01 by plaintiff (km) (Entered: 05/08/2001)

May 7, 2001

May 7, 2001

20

ATTORNEY APPEARANCE for intervenor Betty D Montgomery by Darrell M Pierre Jr ( no pgs: 2) (km) (Entered: 05/08/2001)

May 8, 2001

May 8, 2001

21

CIVIL MINUTES: Proceeding held 5/10/01 before Judge S. A. Spiegel on motion for preliminary injunction [8-1] and motion for summary judgment [18-1]; argument of counsel heard; denying motion for preliminary injunction [8-1]; matter taken under advisement; order of court to follow; status conf to be held after order is completed as to motion for class certification; Court Reporter: Mary Ann Ranz (Official) (cc: all counsel) ( no pgs: 1) (km) (Entered: 05/10/2001)

May 10, 2001

May 10, 2001

22

POST-HEARING BRIEF FILED by intervenor Betty D Montgomery regarding defendant's motion for summary judgment [18-1] ( no pgs: 11) (km) (Entered: 05/23/2001)

May 23, 2001

May 23, 2001

23

ORDER by Judge S. A. Spiegel denying motion for summary judgment [18-1] by defendants Simon L Leis Jr, Bob Bedinghaus, Tom Neyer and John Dowlin, granting notice/motion by Betty D Montgomery to intervene, for the sole purpose of defending ORC 341.06 on its face but not as applied by the Hamilton County policy [17-1], granting motion to extend time until 5/15/01 in which to file memo in response to motion for preliminary injunction [17-1], granting motion to file a post-hearing brief [17-2], dismissing motion for preliminary injunction [8-1] without prejudice; dismissing without prejudice pltfs claims for relief in the form of compensatory and punitive damages against county defts contained in complaint [1-1] ; Status conference set for 3:00 6/19/01 (cc: all counsel) ( no pgs: 95) (km) (Entered: 06/14/2001)

June 14, 2001

June 14, 2001

24

ORDER by Judge S. A. Spiegel ; Status conference held 3:00 6/19/01 ; vacating scheduling order [6-2] upon motion by parties; the court sets the foll schedule on the issue of class certification ; Discovery ddl set for 7/31/01; Renewed Mtn for Class Certification filing ddl set for 8/10/01; deft response ddl set for 8/24/01; pltf rply memo ddl set for 8/31/01; In- court motion hearing set for 9:00 9/18/01 (cc: all counsel) ( no pgs: 2) (km) (Entered: 06/21/2001)

June 21, 2001

June 21, 2001

25

NOTICE of hearing setting hearing on motion to certify class [7-1] at 9:00 9/18/01 Ctrm 842 before J Spiegel (cc: all counsel) (km) (Entered: 07/19/2001)

July 19, 2001

July 19, 2001

26

MOTION by plaintiff for partial summary judgment ( no pgs: 9+) (km) (Entered: 07/24/2001)

July 24, 2001

July 24, 2001

27

RENEWED MOTION by plaintiff to certify class action ; afdt of Robert Newman attached ( no pgs: 11) (vp) (Entered: 08/10/2001)

Aug. 9, 2001

Aug. 9, 2001

28

MOTION by defendants to strike motion for partial summary judgment [26-1] or in the alternative to extend time for 21 days to respond for summary jgm ( no pgs: 3) (vp) (Entered: 08/15/2001)

Aug. 15, 2001

Aug. 15, 2001

29

MEMORANDUM by defendants in opposition to renewed motion to certify class action [27-1] ( no pgs: 9+) (km) (Entered: 08/27/2001)

Aug. 24, 2001

Aug. 24, 2001

30

MEMORANDUM by plaintiff in opposition to motion to strike motion for partial summary judgment [26-1] [28-1] or in the alternative to extend time for 21 days to respond for summary jgm [28-2] ( no pgs: 2) (km) (Entered: 08/30/2001)

Aug. 29, 2001

Aug. 29, 2001

31

REPLY by plaintiff to response to renewed motion to certify class action [27-1] ( no pgs: 6+) (km) (Entered: 09/04/2001)

Aug. 31, 2001

Aug. 31, 2001

32

MOTION by intervenor Betty D Montgomery for leave to file response to defts memopp to motion for class certification ; response memo attached ( no pgs: 3) (km) (Entered: 09/10/2001)

Sept. 10, 2001

Sept. 10, 2001

33

MEMORANDUM by plaintiff in opposition to motion to extend time for 21 days to respond to motion for summary jgm [28-2] ( no pgs: 2) (km) (Entered: 09/11/2001)

Sept. 10, 2001

Sept. 10, 2001

34

REPLY by defendants to response to motion to extend time for 21 days to respond for summary jgm [28-2] ( no pgs: 3) (km) (Entered: 09/13/2001)

Sept. 12, 2001

Sept. 12, 2001

36

CIVIL MINUTES: Proceeding held 9:00 9/18/01 before Judge S. A. Spiegel on motions to certify class action [7-1] [27-1]; argument of counsel heard; testimony presented by pltf counsel; the court orders that pltf counsel has 2 weeks to find addtl class representatives; motions for class certification, summary judgment [26-1] and to strike [30-1] taken under advisement; order to follow; Court Reporter: Mary Ann Ranz (Official) (cc: all counsel) ( no pgs: 1) (km) (Entered: 09/20/2001)

Sept. 19, 2001

Sept. 19, 2001

37

POST-HEARING BRIEF FILED by plaintiff regarding motions to certify class action and class definition [7-1] [27-1] ( pgs: 5) (km) (Entered: 09/25/2001)

Sept. 24, 2001

Sept. 24, 2001

38

MEMORANDUM by defendants in opposition to motion to compel discovery re response to pltfs interrogatory no. 1 fm third set of interrogatories [35-1] ( no pgs: 6+) (km) (Entered: 10/05/2001)

Oct. 5, 2001

Oct. 5, 2001

39

Court Reporter's TRANSCRIPT of proceedings filed for the following date(s): 9/19/01 (Re: Hearing on Motion for Class Certification) before Judge S Arthur Spiegel; Court Reporter: Mary Ann Ranz (Official) (no. pgs: 50) (km) (Entered: 10/10/2001)

Oct. 10, 2001

Oct. 10, 2001

40

RESPONSE by defendants to post-hearing brief filed by plaintiff regarding motions to certify class action and class definition [7-1] [27-1] [37-1] ( no pgs: 3+) (km) (Entered: 10/16/2001)

Oct. 16, 2001

Oct. 16, 2001

41

REPLY by plaintiff to response to motion to compel discovery re response to pltfs interrogatory no. 1 fm third set of interrogatories [35-1] ( no pgs: 4) (km) (Entered: 10/17/2001)

Oct. 17, 2001

Oct. 17, 2001

42

NOTICE of hearing setting hearing on motion to compel discovery re response to pltfs interrogatory no. 1 fm third set of interrogatories [35-1] at 3:00 11/8/01 Ctrm 708 before MJ Sherman (cc: all counsel) (km) (Entered: 10/22/2001)

Oct. 22, 2001

Oct. 22, 2001

43

ORDER by Judge S. A. Spiegel granting motion to certify class [7-1] and defining the class as all pre-trial detainees whose funds were confiscated before conviction under the Hamilton County Pay-to-Stay Program [27- 1] (cc: all counsel) ( no pgs: 22) (km) (Entered: 11/20/2001)

Nov. 20, 2001

Nov. 20, 2001

44

ORDER by Judge S. A. Spiegel denying motion to strike motion for partial summary judgment [26-1] [28-1], granting motion to extend time for 21 days to respond for summary jgm [28-2]; defts ordered to file response to motion for partial summary judgment by 12/20/01 (cc: all counsel) ( no pgs: 3) (km) (Entered: 11/27/2001)

Nov. 27, 2001

Nov. 27, 2001

45

UNOPPOSED MOTION by defendants to extend time until 1/10/02 in which to file response to pltfs motion for partial summary judgment ( no pgs: 2) (km) (Entered: 12/07/2001)

Dec. 6, 2001

Dec. 6, 2001

NOTATION ORDER by Judge S. A. Spiegel granting unopposed motion to extend time until 1/10/02 in which to file response to motion for partial summary judgment [45-1] (cc: all counsel) (km) (Entered: 12/12/2001)

Dec. 12, 2001

Dec. 12, 2001

46

MOTION by plaintiff for an order approving notice to the class ( no pgs: 3+) (km) (Entered: 12/14/2001)

Dec. 14, 2001

Dec. 14, 2001

47

MOTION by defendants to stay proceedings pending a decision from COFA Sixth Circuit on defts petition for permission to appeal order of 11/20/01 ( no pgs: 7) (km) (Entered: 01/04/2002)

Jan. 4, 2002

Jan. 4, 2002

47

MEMORANDUM by defendants in opposition to motion for an order approving notice to the class [46-1] ( no pgs: 7) (km) (Entered: 01/04/2002)

Jan. 4, 2002

Jan. 4, 2002

48

MEMORANDUM by defendants in opposition to plaintiffs motion for partial summary judgment [26-1] ( no pgs: 16) (km) (Entered: 01/10/2002)

Jan. 10, 2002

Jan. 10, 2002

49

MEMORANDUM by plaintiff in opposition to motion to stay proceedings pending a decision from COFA Sixth Circuit on defts petition for permission to appeal order of 11/20/01 [47-1] ( no pgs: 2) (km) (Entered: 01/18/2002)

Jan. 17, 2002

Jan. 17, 2002

50

REPLY by plaintiff to response to motion for partial summary judgment [26-1] ( no pgs: 3) (vp) (Entered: 01/23/2002)

Jan. 23, 2002

Jan. 23, 2002

51

REPLY by plaintiff to response to motion for an order approving notice to the class [46-1] ( no pgs: 4) (km) (Entered: 01/28/2002)

Jan. 25, 2002

Jan. 25, 2002

52

SUR-REPLY MEMORANDUM by defendants in opposition to plaintiffs' motion for an order approving notice to the class [46-1] ( no pgs: 7) (km) (Entered: 01/28/2002)

Jan. 28, 2002

Jan. 28, 2002

53

ORDER OF USCA 6th Circuit: defendant's motion for permission to appeal order granting motion for class certification is DENIED ( no pgs: 2) (km) (Entered: 02/06/2002)

Feb. 5, 2002

Feb. 5, 2002

54

MOTION by defendants for leave to file counterclaims and/or set-offs against class members by way of amended and/or supplemental pleadings at such time as the individual class members are identified ( no pgs: 3) (km) (Entered: 03/06/2002)

March 6, 2002

March 6, 2002

55

MEMORANDUM by plaintiff in opposition to motion for leave to file counterclaims and/or set-offs against class members by way of amended and/or supplemental pleadings at such time as the individual class members are identified [54-1] ( no pgs: 2) (km) (Entered: 03/13/2002)

March 13, 2002

March 13, 2002

56

STIPULATION by parties that defts are granted an extension of time until 4/9/02 in which to file reply to response to motion for leave to file counterclaims and/or set-offs against class members by way of amended and/or supplemental pleadings at such time as the individual class members are identified [54-1] ( no pgs: 2) (km) (Entered: 04/08/2002)

April 8, 2002

April 8, 2002

57

REPLY by defendants to response to motion for leave to file counterclaims and/or set-offs against class members by way of amended and/or supplemental pleadings at such time as the individual class members are identified [54-1] ( no pgs: 3) (km) (Entered: 04/08/2002)

April 8, 2002

April 8, 2002

58

ORDER by Judge S. A. Spiegel granting motion for partial summary judgment [26-1] with regards to the issue of defendants' liability in this case (cc: all counsel) ( no pgs: 38) (km) (Entered: 04/25/2002)

April 25, 2002

April 25, 2002

59

MOTION by plaintiff for partial summary judgment as to liability ( no pgs: 3) (km) (Entered: 05/08/2002)

May 7, 2002

May 7, 2002

60

NOTICE by plaintiff of withdrawal of motion to compel discovery re response to pltfs interrogatory no. 1 fm third set of interrogatories [35-1] ( no pgs: 1) (km) (Entered: 05/15/2002)

May 15, 2002

May 15, 2002

61

MEMORANDUM by defendants in opposition to pltfs class motin for partial summary jgm [59-1] ( no pgs: 2+) (vp) (Entered: 05/29/2002)

May 29, 2002

May 29, 2002

62

ORDER by Mag. Judge Jack Sherman denying the motion to compel discovery re response to pltfs interrogatory no. 1 fm third set of interrogatories [35-1] as moot; discovery dispute was resolved informally; the parties are given 10 days from the issuance of this order in which to refile the motion should any issue remain which requires the courts attention (cc: all counsel) ( no pgs: 1) (km) (Entered: 06/05/2002)

June 5, 2002

June 5, 2002

63

REPLY by plaintiff to response to motion for partial summary judgment as to liability [59-1] ( no pgs: 2) (km) (Entered: 06/11/2002)

June 10, 2002

June 10, 2002

64

ORDER by Judge S. A. Spiegel denying as moot motion to stay proceedings pending a decision from COFA Sixth Circuit on defts petition for permission to appeal order of 11/20/01 [47-1], granting motion for leave to file counterclaims and/or set-offs against class members by way of amended and/or supplemental pleadings at such time as the individual class members are identified [54-1], denying motion for an order approving notice to the class [46-1]; pltfs are ordered to revise the class notice in accordance with this order; granting motion for partial summary judgment as to liability [59-1]; defts are ordered to pay the cost of class notification (cc: all counsel) ( no pgs: 5) (km) (Entered: 07/12/2002)

July 12, 2002

July 12, 2002

65

MOTION by plaintiff for an order approving amended class notices ( no pgs: 3+) (km) (Entered: 07/22/2002)

July 19, 2002

July 19, 2002

66

NOTICE of hearing ; Status conference set for 3:00 8/22/02 Rm 838 before J Spiegel (cc: all counsel) (km) (Entered: 08/01/2002)

Aug. 1, 2002

Aug. 1, 2002

67

NOTICE OF APPEAL by defendant John Dowlin, defendant Tom Neyer -, defendant Bob Bedinghaus, defendant Simon L Leis Jr from Dist. Court decisions [43-1] of 11/20/01 and [64-1] of 7/12/02 ( no pgs: 3) (scot) (Entered: 08/09/2002)

Aug. 9, 2002

Aug. 9, 2002

68

ATTORNEY SUBSTITUTION: terminating attorney Shannon M Reynolds for Simon L Leis Jr, Bob Bedinghaus, Tom Neyer and John Dowlin and substituting attorneys Philip Lewis Zorn Jr. and Christian Joseph Schaefer ( no pgs: 3) (km) (Entered: 08/09/2002)

Aug. 9, 2002

Aug. 9, 2002

69

MOTION by defendants to stay proceedings pending decision on appeal by COFA Sixth Circuit ( no pgs: 6) (km) (Entered: 08/09/2002)

Aug. 9, 2002

Aug. 9, 2002

69

MEMORANDUM by defendants in opposition to motion for an order approving amended class notices [65-1] ( no pgs: 6) (km) (Entered: 08/09/2002)

Aug. 9, 2002

Aug. 9, 2002

70

FIRST AMENDED ANSWER [3-1] by defendants to class action complaint ( no pgs: 3) (km) (Entered: 08/09/2002)

Aug. 9, 2002

Aug. 9, 2002

70

COUNTERCLAIM by defendants against class plaintiffs/members who were found guilty of criminal charges and have outstanding unsatisfied judgments against them (no pgs: 3) (km) (Entered: 08/09/2002)

Aug. 9, 2002

Aug. 9, 2002

APPEAL FEE pd in amount of $ 105.00 ( Receipt # 415906) (scot) (Entered: 08/09/2002)

Aug. 9, 2002

Aug. 9, 2002

APPEAL NOTIFICATION issued CA. (scot) (Entered: 08/09/2002)

Aug. 9, 2002

Aug. 9, 2002

71

RECEIPT OF USCA APPEAL NUMBER - Number Assigned: 02-3893 (scot) (Entered: 08/13/2002)

Aug. 13, 2002

Aug. 13, 2002

72

ORDER by Judge S. A. Spiegel vacating status conference set for 8/22/02 pursuant to ntc of appeal (cc: all counsel) ( no pgs: 1) (vp) (Entered: 08/15/2002)

Aug. 15, 2002

Aug. 15, 2002

73

ATTORNEY SUBSTITUTION: terminating attorney Shannon M Reynolds for defendants and substituting attorneys Philip L Zorn and Christian J Schaefer ( no pgs: 2) (km) (Entered: 08/22/2002)

Aug. 22, 2002

Aug. 22, 2002

74

MEMORANDUM by plaintiff in opposition to motion to stay proceedings pending decision on appeal by COFA Sixth Circuit [69-1] ( no pgs: 2) (km) (Entered: 08/23/2002)

Aug. 22, 2002

Aug. 22, 2002

75

NOTICE/SUGGESTION OF JURISDICTION by plaintiff re interlocutory appeal ( no pgs: 2+) (km) (Entered: 08/23/2002)

Aug. 22, 2002

Aug. 22, 2002

76

MOTION by plaintiff for more definite statement re defendant's counterclaims [70-1] ( no pgs: 3) (km) (Entered: 08/23/2002)

Aug. 22, 2002

Aug. 22, 2002

77

ORDER OF USCA 6th Circuit: dismissing the appeal [67-1] pursuant to appellant's motion to voluntarily dismiss appeal ( no pgs: 1) (km) (Entered: 09/05/2002)

Sept. 4, 2002

Sept. 4, 2002

78

NOTICE by defendants of withdrawal of motion to stay proceedings pending decision on appeal by COFA Sixth Circuit [69-1] ( no pgs: 2+) (km) (Entered: 09/05/2002)

Sept. 4, 2002

Sept. 4, 2002

79

MEMORANDUM by defendants in opposition to motion for more definite statement re defendant's counterclaims [70-1] [76-1] ( no pgs: 3) (km) (Entered: 09/05/2002)

Sept. 4, 2002

Sept. 4, 2002

80

NOTICE of hearing ; Status conference set for 2:00 10/22/02 Rm 838 before J Spiegel (cc: all counsel) (km) (Entered: 09/12/2002)

Sept. 12, 2002

Sept. 12, 2002

81

ORDER by Judge S. A. Spiegel granting motion for an order approving amended class notices [65-1], denying motion to stay proceedings pending decision on appeal by COFA Sixth Circuit [69-1], denying amended answer to class action complaint [70-1], finding the memorandum in opposition to motion to stay [74-1] moot pursuant to voluntary dismissal of appeal [77-1], granting motion for more definite statement re defendant's counterclaims [70-1] [76-1] ; Status/Scheduling conference set for 9:30 10/8/02 (cc: all counsel) (no pgs: 10) (km) (Entered: 09/27/2002)

Sept. 27, 2002

Sept. 27, 2002

82

NOTICE of hearing ; Status conference set for 9:30 10/8/02 Rm 838 before J Spiegel (cc: all counsel) (km) (Entered: 09/30/2002)

Sept. 30, 2002

Sept. 30, 2002

83

ORDER by Judge S. A. Spiegel ; Status conference held 9:30 10/8/02 parties requested the status conference set for 10/22/02 be vacated and reset to 11/7/02 at 9:00; court granted request ; Status conference set 9:00 11/7/02 (cc: all counsel) ( no pgs: 1) (vp) (Entered: 10/10/2002)

Oct. 10, 2002

Oct. 10, 2002

84

MOTION by plaintiff for partial summary judgment with respect to the restitution of funds to the class which have been certified ( no pgs: 6) (km) (Entered: 11/06/2002)

Nov. 6, 2002

Nov. 6, 2002

85

ORDER by Judge S. A. Spiegel ; Status conference held 9:00 11/7/02 ; Status conference is set for 9:00 12/19/02 upon request of the parties; upon request of defts, defts are hereby granted an extension of time until 12/18/02 in which to file response to motion for partial summary judgment (class restitution) (cc: all counsel) ( no pgs: 2) (km) (Entered: 11/08/2002)

Nov. 8, 2002

Nov. 8, 2002

86

NOTICE of hearing ; Status conference set for 9:00 12/19/02 Rm 838 before J Spiegel (cc: all counsel) (km) (Entered: 11/12/2002)

Nov. 12, 2002

Nov. 12, 2002

87

NOTICE of hearing ; In-court Fairness Hearing set for 2:00 5/1/03 Ctrm 842 before J Spiegel (cc: all counsel) (km) (Entered: 12/26/2002)

Dec. 26, 2002

Dec. 26, 2002

88

ORDER by Judge S. A. Spiegel dismissing the motion for partial summary judgment with respect to the restitution of funds to the class which have been certified [84-1] as MOOT. (cc: all counsel) ( no pgs: 1) (wam) (Entered: 01/29/2003)

Jan. 29, 2003

Jan. 29, 2003

89

JOINT MOTION for an order preliminarily approving settlement, approving forms and distribution of notice to class members , and for a final fairness hearing ( no pgs: 4+) (km) (Entered: 01/31/2003)

Jan. 31, 2003

Jan. 31, 2003

Case Details

State / Territory: Ohio

Case Type(s):

Jail Conditions

Key Dates

Filing Date: April 5, 2000

Closing Date: 2004

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All persons whose funds were confiscated before conviction under the Hamilton County Pay-to-Stay Program between 8/18/99 and 4/29/02.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Hamilton County Board of Commissioners (Hamilton), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Takings

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2003 - 2004

Content of Injunction:

Preliminary relief denied

Issues

General:

Loss or damage to property

Affected Gender:

Female

Male

Type of Facility:

Government-run