Case: J.P. v. Taft

2:04-cv-00692 | U.S. District Court for the Southern District of Ohio

Filed Date: July 29, 2004

Closed Date: 2007

Clearinghouse coding complete

Case Summary

On July 29, 2004, several minors held in Ohio juvenile facilities sued the state's governor, its' Division of Youth Services ("DYS"), and the director of that division. The plaintiffs' complaint, filed in the U.S. District Court for the Southern District of Ohio, alleged that plaintiffs and others of their class had been denied access to the courts and deprived of adequate legal services by the state's policies at its' juvenile facilities. Each plaintiff allegedly had been a victim of assault…

On July 29, 2004, several minors held in Ohio juvenile facilities sued the state's governor, its' Division of Youth Services ("DYS"), and the director of that division. The plaintiffs' complaint, filed in the U.S. District Court for the Southern District of Ohio, alleged that plaintiffs and others of their class had been denied access to the courts and deprived of adequate legal services by the state's policies at its' juvenile facilities. Each plaintiff allegedly had been a victim of assault by a correctional officer, had filed an unsuccessful grievance about the assault, and had unsuccessfully requested assistance of counsel to assist them in challenging the conditions of their confinement. Citing 42 U.S.C. § 1983 and seeking class action status for their case, plaintiffs alleged that the defendants had denied plaintiffs' rights under the First, Sixth, and Fourteenth Amendments to the U.S. Constitution, as well as rights accruing under state law. They sought declaratory and injunctive relief, plus attorneys' fees and costs. Plaintiffs were represented by private counsel, as well as attorneys from the Children's Law Center, Inc., and the ACLU Foundation.

Plaintiffs amended their complaint on May 18, 2006, seeking the same relief. As amended, the complaint added plaintiffs and the state agency was dropped as a defendant but the governor and the (new, interim) agency director remained. The amended complaint referenced steps DYS had taken since the filing of the original complaint, including hiring a person to assess the demand for legal services among the juveniles committed to DYS custody and posting a notice explaining administrative options available to juveniles concerned about the conditions of their confinement. The plaintiffs alleged they had exhausted these administrative processes without satisfaction.

The defendants sought summary judgment, saying that their revised program of providing legal services to juvenile detainees mooted plaintiffs' claims (e.g., in September 2004, DYS hired a contract attorney available to meet with juvenile prisoners biweekly and to consult with them about conditions of confinement, and also hired a youth advocate to act on youths' behalf in the grievance process). Judge Algenon L. Marbley granted the defendants' motion in an unpublished order on September 29, 2006. He then also denied the request to certify the case as a class action. Two of the more recently-added plaintiffs' claims remained, as the judge ruled they were not moot. Plaintiffs sought discovery to assess the sufficiency of the new legal services program to meet the needs of a potential class of 2,400 members, but the defendants obtained a protective order from the court on February 7, 2005, blocking discovery. Plaintiffs sought to have the court modify its' September 29th mootness ruling and to convince the court that its' denial of class certification was premature; however, Judge Marbley denied these requests in a March 15, 2006, unpublished order. He similarly granted the governor's request to be dismissed as a defendant, saying in an April 21, 2006, ruling that the complaint failed to plead specific facts showing direct and active participation by the governor in the alleged constitutional injury.

By July 2005, one of the remaining plaintiffs had filed a pro se excessive force claim in the Northern District of Ohio federal district court, so she was dismissed from this case, leaving but one plaintiff. The defense sought summary judgment as to his claim. Judge Marbley reviewed in detail the grievances filed by the juvenile and his consultations with attorneys, one of whom indicated an interest in taking his case stemming from the alleged assault by a correctional officer. The judge noted that the defendants' efforts at reforming their legal services program for juveniles were not so successful as to preclude denial-of-access complaints in the future and that the remaining plaintiff's claim of denial-of-access was both non-frivolous and sufficient, at least in limited respects. Thus, the court denied the defense summary judgment motion on July 6, 2006, and both lifted the prior stay of discovery and directed plaintiff to amend the class action certification request, updating it, as possible, with the product of the discovery process. With minor amendments, the ruling was published as J.P. v. Taft, 439 F. Supp.2d 793 (S.D. Ohio 2006).

Settlement negotiations followed and resulted in a stipulation between the parties in January 2007. In it, the parties agreed to the existence of a settlement class and that DYS would provide a constitutionally-adequate legal assistance program for juveniles to use in addressing conditions of confinement issues and detention credit issues. Details of the plan, of compliance and review procedures, and of staffing and exceptions were addressed in the stipulation. The judge preliminarily approved the settlement in an unpublished order on January 12, 2007, pending a fairness hearing.

On March 6, 2007, Judge Marbley issued his order accepting the settlement as fair, awarding plaintiffs' counsel $190,000 in fees and expenses, and retaining jurisdiction over the case for the purpose of construing, enforcing and administering the settlement.

We have no information showing additional activity in the case.

Summary Authors

Mike Fagan (5/21/2008)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4675976/parties/jp-and-all-others-similarly-situated-v-taft/


Judge(s)

Abel, Mark R. (Ohio)

King, Norah McCann (Ohio)

Marbley, Algenon L. (Ohio)

Smith, George Curtis (Ohio)

Attorneys(s) for Plaintiff

Kinsley, Jennifer M. (Ohio)

Pevar, Stephen L. (Connecticut)

Singleton, David A. (Ohio)

Tandy, Kimberly Brooks (Kentucky)

Attorneys(s) for Defendant

Arbogast, Janet R Hill (Ohio)

Basil, Brian A. (Ohio)

Judge(s)

Abel, Mark R. (Ohio)

King, Norah McCann (Ohio)

Marbley, Algenon L. (Ohio)

Smith, George Curtis (Ohio)

Attorneys(s) for Plaintiff

Kinsley, Jennifer M. (Ohio)

Pevar, Stephen L. (Connecticut)

Singleton, David A. (Ohio)

Tandy, Kimberly Brooks (Kentucky)

Attorneys(s) for Defendant

Arbogast, Janet R Hill (Ohio)

Basil, Brian A. (Ohio)

Cholar, Richard Thomas Jr. (Ohio)

Guthrie, John A. (Ohio)

Jennings, Sharon A. (Ohio)

Mancini, Joseph Matthew (Ohio)

Moul, Geoffrey J. (Ohio)

Reese, Mary Anne (Ohio)

Documents in the Clearinghouse

Document

Docket (PACER)

J.P. and all others similarly situated et al v. Taft et al

March 6, 2007 Docket

Docket (PACER) (Related Case)

J J et al v. Ohio Department of Youth Services et al

June 6, 2007 Docket
1

Complaint for Declaratory and Injunctive Relief

July 29, 2004 Complaint
41

Amended Complaint for Declaratory and Injunctive Relief

May 18, 2005 Complaint
96

Order [Re: Order to Dismiss]

J.P. and all others similarly situated v. Bob Taft, et al

Sept. 7, 2005 Order/Opinion
106

Opinion and Order [Denying in part, granting in part motion for summary judgment]

2005 WL 2405993

Sept. 29, 2005 Order/Opinion
119

Opinion and Order [Re: Motion to Alter Judgment]

2006 WL 689091, 2006 U.S.Dist.LEXIS 14595

March 15, 2006 Order/Opinion
126

Opinion and Order [Re: Motion to Dismiss]

2006 WL 1071864, 2006 U.S.Dist.LEXIS 22091

April 21, 2006 Order/Opinion
140

Order and Opinion [Re: Summary Judgment]

J.P., and all others similarly situated v. Taft, et al

439 F.Supp.2d 793

July 6, 2006 Order/Opinion
170

Opinion and Order [Denying Motion to Alter]

Oct. 10, 2006 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4675976/jp-and-all-others-similarly-situated-v-taft/

Last updated May 20, 2022, 1:12 a.m.

ECF Number Description Date Link
76

OPINION AND ORDER granting 41 Motion for Leave to File amended complaint.The pending motions for summary judgment will be deemed to apply to the amended complaint . Signed by Judge Norah McCann King on 05/17/05. (jm)

May 18, 2005 RECAP
1

COMPLAINT against all defendants (Filing fee paid $ 150.) , filed by Plaintiffs J.P. and all others similarly situated, S.J. and all others similarly situated, D.B. a minor child by and through her next friend Shanda Spurlock, and all others similarly situated.(sln, ) (Entered: 08/02/2004)

July 29, 2004
2

Filing fee paid : $ 150.00, receipt number 242563 (sln, ) (Entered: 08/02/2004)

July 29, 2004
106

ORDER GRANTING 24 Defendants' Second Motion for Summary Judgment. DENYING 25 as moot Defendants' First Motion for Summary Judgment, and DENYING 51 as moot Defendants' Motion to Disqualify Kim Brooks Tandy as Counsel for Plaintiffs. DISMISSING 6 Plaintiffs' Motion for Class Certification, WITHOUT PREJUDICE to re-filing, if otherwise appropriate, following resolution of Defendants' Third Motion for Summary Judgment. Signed by Judge Algenon L. Marbley on 9/29/2005. (cw, )

Sept. 29, 2005 RECAP
126

ORDER granting 79 Motion to Dismiss. Finding as MOOT the First Motion to Dismiss 23 . Signed by Judge Algenon L. Marbley on 4/21/2006. (cw, )

April 21, 2006 RECAP
3

MOTION for Leave to Appear Pro Hac Vice for atty Stephen Pevar for all Plaintiffs filed on 8/26/04. (er ) (Entered: 08/27/2004)

Aug. 26, 2004
201

ORDER GRANTING 198 Motion for Limited Discovery and Expedited Consideration of this Motion. Defendants are ORDERED to respond to plaintiffs' limited discovery request set forth in their motion within 20 days from the date of this Opinion and Order. Signed by Norah McCann King on 2/1/08. (cjb)

Feb. 1, 2008 RECAP

Filing fee: $ 50, receipt number 200242996 for PHV- Stephen Pevar (er) (Entered: 08/27/2004)

Aug. 26, 2004
214

ORDER finding as moot 210 Motion for Discovery; granting 212 Motion to Compel; denying 213 Motion for Extension of Time to File Response/Reply. Signed by Algenon L. Marbley on 3/31/2008. (cw, )

March 31, 2008 RECAP
4

ORDER granting 3 Motion for Leave of Stephen Pevar to Appear Pro Hac Vice on behalf of plaintiffs. Signed by Judge Norah McCann King on 8/30/04. (jdm, ) (Entered: 08/31/2004)

Aug. 30, 2004
5

WAIVER OF SERVICE was signed on 8/31/04 and returned executed on 9/2/04: Geno Natalucci-Perischetti waiver sent on 8/2/2004, answer due 10/1/2004, Ohio Department of Youth Services waiver sent on 8/2/2004, answer due 10/1/2004, and Bob Taft waiver sent on 8/2/2004, answer due 10/1/2004. (er ) (Entered: 09/07/2004)

Sept. 2, 2004
6

MOTION to Certify Class by Plaintiffs J.P. and all others similarly situated, S.J. and all others similarly situated, D.B. a minor child by and through her next friend Shanda Spurlock, and all others similarly situated. Responses due by 10/21/2004 (Kinsley, Jennifer) (Entered: 09/27/2004)

Sept. 27, 2004
7

ORDER re 6 MOTION to Certify Class filed by J.P. and all others similarly situated, S.J. and all others similarly situated, D.B. a minor child by and through her next friend Shanda Spurlock, and all others similarly situated; Non-oral hearing on said motion set for 11/15/2004. Signed by Judge Gregory L Frost on 9/28/04. (sem, ) (Entered: 09/28/2004)

Sept. 28, 2004
8

NOTICE by Defendants Geno Natalucci-Perischetti, Ohio Department of Youth Services of Waiver of Reply to Complaint and Request for Court Conference (Mancini, Joseph) (Entered: 09/29/2004)

Sept. 29, 2004

Notice of Corrective Entry: Judge Frost was inadverently added to this case during the docketing of the complaint on 7/29/04. Judge Marbley was assigned to this action on 7/29/04 and has now been added to the docket. (sem, ) (Entered: 09/30/2004)

Sept. 30, 2004
9

ORDER VACATING the Non-Oral hearing set re 6 MOTION to Certify Class filed by J.P. and all others similarly situated, S.J. and all others similarly situated, D.B. a minor child by and through her next friend Shanda Spurlock, and all others similarly situated. Signed by Judge Gregory L Frost on 9/30/04. (sem, ) (Entered: 09/30/2004)

Sept. 30, 2004
10

NOTICE of Hearing: Status Conference set for 10/21/2004 @ 02:00 PM in chambers before Norah McCann King. (jdm, ) (Entered: 10/01/2004)

Oct. 1, 2004
11

NOTICE by Defendant Bob Taft re: Waiver of Reply and Request for Conference (Jennings, Sharon) (Entered: 10/01/2004)

Oct. 1, 2004
12

First MOTION to Stay this case; and in the alternative motion for extension of time filed by Defendants Geno Natalucci-Perischetti, Ohio Department of Youth Services. (King, Philip) (Entered: 10/11/2004)

Oct. 11, 2004
13

RESPONSE to Motion re 12 First MOTION to Stay this case; and in the alternative motion for extension of time filed filed by Plaintiffs J.P. and all others similarly situated, S.J. and all others similarly situated, D.B. a minor child by and through her next friend Shanda Spurlock, and all others similarly situated. (Kinsley, Jennifer) (Entered: 10/11/2004)

Oct. 11, 2004
14

ORDER granting 12 Motion to Stay, This action is stayed pending the first status conference set before Magistrate judge Norah King. Signed by Judge Norah McCann King on 10/12/04. (jm) (Entered: 10/12/2004)

Oct. 12, 2004
15

The Status conference previously scheduled for October 21, 2004 is CONTINUED to November 4, 2004, at 1:30 p.m.. Signed by Judge Norah McCann King on 10/13/04. (jm) (Entered: 10/14/2004)

Oct. 14, 2004
16

ORDER - a status conference was held on 11/4/2004. Defendants are oredered to provide to plaintiffs by 11/15/2004, a written, comprehensive articulation of their proposed program intended to meet the allegations of the complaint. Plaintiffs will respond in writing no later than 11/24/2004. Another Status Conference is set for 12/10/2004 @ 11:00 AM before Norah McCann King.. Signed by Judge Norah McCann King on 11/04/04. (jdm, ) (Entered: 11/05/2004)

Nov. 5, 2004
17

NOTICE of Hearing: The status conference set for 12/10/2004 has been rescheduled. The Status Conference is now set for 12/13/2004 @ 11:00 AM in chambers before Norah McCann King. (jdm, ) (Entered: 11/09/2004)

Nov. 8, 2004
18

MOTION to Vacate Hearing by Plaintiffs J.P. and all others similarly situated, S.J. and all others similarly situated, D.B. a minor child by and through her next friend Shanda Spurlock, and all others similarly situated. (Kinsley, Jennifer) (Entered: 11/22/2004)

Nov. 22, 2004
19

ORDER denying 18 plaintiff's Motion to Vacate the status conference set for 12/13/2004. However, the conference will proceed as a preliminary pretrial conference. The parties will submit a joint Rule26(f) report no later than December 10, 2004.. Signed by Judge Norah McCann King on 11/23/04. (jdm, ) (Entered: 11/23/2004)

Nov. 23, 2004
20

REPORT of Rule 26(f) Planning Meeting. (Mancini, Joseph) (Entered: 12/10/2004)

Dec. 10, 2004
21

PRELIMINARY PRETRIAL ORDER: defendants will file answers by 12/31/2004. Dispositive motions will be filed by 1/14/2005. Memo contra will be filed by 1/28/2005. The parties may, without further leave of Court, agree to exceed the limits on discovery established by the Federal Rules of Civil Procedure. Joinder of Parties due by 2/14/2005. Motions to Amend due by 2/14/2005. Rule 26(a)(1) Disclosures due by 12/27/2005. Primary Expert due by 7/1/2005. Rebuttal Expert due by 8/1/2005. Discovery due by 9/1/2005. Dispositive motions due by 10/1/2005. Settlement Week due by 3/1/2005. Final Pretrial Conference ready by 12/1/2005.. Signed by Judge Norah McCann King on 12/13/04. (jdm, ) (Entered: 12/14/2004)

Dec. 13, 2004
22

ANSWER to Complaint by Defendants Ohio Department of Youth Services, Geno Natalucci-Perischetti.(King, Philip) (Entered: 12/30/2004)

Dec. 30, 2004
23

MOTION to Dismiss by Defendant Bob Taft. Responses due by 1/24/2005 (Jennings, Sharon) (Entered: 12/30/2004)

Dec. 30, 2004
24

MOTION for Summary Judgment by Defendants Ohio Department of Youth Services, Geno Natalucci-Perischetti. Responses due by 1/31/2005 (Attachments: # 1 Exhibits)(Mancini, Joseph) (Entered: 01/07/2005)

Jan. 7, 2005
25

MOTION for Summary Judgment Second Motion for Summary Judgment by Defendants Ohio Department of Youth Services, Geno Natalucci-Perischetti. Responses due by 2/7/2005 (Attachments: # 1 Exhibit Exhibit A and Exhibit list# 2 Exhibit A1 through A3# 3 Exhibit A4 through A15)(Mancini, Joseph) (Entered: 01/12/2005)

Jan. 12, 2005
26

MOTION to Stay Defendants' Motion to Stay Discovery by Defendants Ohio Department of Youth Services, Geno Natalucci-Perischetti. (Attachments: # 1 Exhibit Affidavit of Philip A. King)(Mancini, Joseph) (Entered: 01/13/2005)

Jan. 13, 2005
27

MOTION for Extension of Time to File Response/Reply as to 23 MOTION to Dismiss New date requested 2/7/2005. by Plaintiffs D.B. a minor child by and through her next friend Shanda Spurlock, and all others similarly situated, J.P. and all others similarly situated, S.J. and all others similarly situated. (Kinsley, Jennifer) (Entered: 01/20/2005)

Jan. 20, 2005
28

ORDER granting 27 Motion for Extension of Time to File Response. Responses due by 2/7/2005. Signed by Judge Norah McCann King on 01/21/05. (jm) (Entered: 01/21/2005)

Jan. 21, 2005
29

MOTION for Extension of Time New date requested 2/26/2005. by Plaintiffs D.B. a minor child by and through her next friend Shanda Spurlock, and all others similarly situated, J.P. and all others similarly situated, S.J. and all others similarly situated. (Kinsley, Jennifer) (Entered: 01/26/2005)

Jan. 26, 2005
30

MOTION for Extension of Time to File Response/Reply New date requested 2/26/2005. by Plaintiffs D.B. a minor child by and through her next friend Shanda Spurlock, and all others similarly situated, J.P. and all others similarly situated, S.J. and all others similarly situated. (Attachments: # 1 Exhibit Exhibits A & B)(Kinsley, Jennifer) (Entered: 01/26/2005)

Jan. 26, 2005
31

ORDER granting 30 Motion for Extension of Time to File Response/Reply, granting 29 Motion for Extension of Time until 2/26/05. Signed by Judge Norah McCann King on 01/27/05. (jm, ) (Entered: 01/27/2005)

Jan. 27, 2005
32

RESPONSE in Opposition re 6 MOTION to Certify Class filed by Defendants Ohio Department of Youth Services, Geno Natalucci-Perischetti. (Mancini, Joseph) (Entered: 01/28/2005)

Jan. 28, 2005
33

NOTICE of Hearing: Settlement Conference set for 3/16/2005 @ 10:30 AM before Mediator Donald Keller. (jdm, ) (Entered: 02/02/2005)

Feb. 2, 2005
34

MOTION for Temporary Restraining Order , Extension of Time, and Response to Defendants' Motion to Stay Discovery by Plaintiffs D.B. a minor child by and through her next friend Shanda Spurlock, and all others similarly situated, J.P. and all others similarly situated, S.J. and all others similarly situated. (Attachments: # 1 Affidavit Affidavits of Kim Brooks Tandy and Jennifer M. Kinsley)(Kinsley, Jennifer) (Entered: 02/03/2005)

Feb. 3, 2005
35

ORDER :The mediation conference scheduled for March 16, 2005, is VACATED.. Signed by Judge Norah McCann King on 02/04/05. (jm) (Entered: 02/07/2005)

Feb. 7, 2005
36

ORDER granting in part and denying in part 34 Plaintiffs' Combined Motion for TRO, an Extension of Time to Respond to Defendants' Dispositive Motions, and Response to Defendants' Motion to Stay Discovery . Signed by Judge Algenon L. Marbley on 2/8/05. (sem, ) Modified on 4/7/2005 to reflect the Order being signed by Judge Marbley not Judge Frost(cw, ). (Entered: 02/08/2005)

Feb. 8, 2005
37

MOTION for Extension of Time to File Response/Reply as to 24 MOTION for Summary Judgment, 25 MOTION for Summary Judgment Second Motion for Summary Judgment New date requested 3/25/2005. by Defendants Ohio Department of Youth Services, Geno Natalucci-Perischetti. (King, Philip) (Entered: 02/25/2005)

Feb. 25, 2005
38

ORDER granting 37 Motion for Extension of Time to File Response/Reply as to 24 MOTION for Summary Judgment, 25 MOTION for Summary Judgment New date requested 3/25/2005. Replies due by 3/25/2005. Signed by Judge Norah McCann King on 02/28/05. (jm) (Entered: 03/01/2005)

March 1, 2005
39

MOTION for Leave to File Amend Complaint by Plaintiffs D.B. a minor child by and through her next friend Shanda Spurlock, and all others similarly situated, J.P. and all others similarly situated, S.J. and all others similarly situated. (Kinsley, Jennifer) (Entered: 03/07/2005)

March 7, 2005
40

AMENDED COMPLAINT for Declaratory and Injunctive Relief against Bob Taft, Ohio Department of Youth Services, filed by Plaintiffs D.B. a minor child by and through her next friend Shanda Spurlock, and all others similarly situated, J.P. and all others similarly situated, S.J. and all others similarly situated, Defendants Bob Taft, Ohio Department of Youth Services.(Kinsley, Jennifer) (Entered: 03/07/2005)

March 7, 2005
41

MOTION for Leave to File Amend Complaint by Plaintiffs D.B. a minor child by and through her next friend Shanda Spurlock, and all others similarly situated, J.P. and all others similarly situated, S.J. and all others similarly situated. (Attachments: # 1 Exhibit Amended Complaint for Declaratory and Injunctive Relief)(Kinsley, Jennifer) (Entered: 03/07/2005)

March 7, 2005
43

RESPONSE in Opposition re 23 MOTION to Dismiss filed by Plaintiffs D.B. a minor child by and through her next friend Shanda Spurlock, and all others similarly situated, J.P. and all others similarly situated, S.J. and all others similarly situated. (Kinsley, Jennifer) (Entered: 03/07/2005)

March 7, 2005
44

REPLY to Response to Motion re 6 MOTION to Certify Class filed by Plaintiffs D.B. a minor child by and through her next friend Shanda Spurlock, and all others similarly situated, J.P. and all others similarly situated, S.J. and all others similarly situated. (Kinsley, Jennifer) (Entered: 03/07/2005)

March 7, 2005
45

RESPONSE in Opposition re 24 MOTION for Summary Judgment filed by Plaintiffs D.B. a minor child by and through her next friend Shanda Spurlock, and all others similarly situated, J.P. and all others similarly situated, S.J. and all others similarly situated. (Kinsley, Jennifer) (Entered: 03/07/2005)

March 7, 2005
46

RESPONSE in Opposition re 25 MOTION for Summary Judgment Second Motion for Summary Judgment filed by Plaintiffs D.B. a minor child by and through her next friend Shanda Spurlock, and all others similarly situated, J.P. and all others similarly situated, S.J. and all others similarly situated. (Kinsley, Jennifer) (Entered: 03/07/2005)

March 7, 2005
47

MOTION to Seal Juvenile Plaintiffs' Affidavits by Plaintiffs D.B. a minor child by and through her next friend Shanda Spurlock, and all others similarly situated, J.P. and all others similarly situated, S.J. and all others similarly situated. (Kinsley, Jennifer) (Entered: 03/07/2005)

March 7, 2005
48

Juvenile Plaintiffs' AFFIDAVITS FILED UNDER SEAL (jmc1, ) (Entered: 03/08/2005)

March 8, 2005
49

ORDER re 39 MOTION for Leave to File Amend Complaint, 40 Amended Complaint, filed by J.P. and all others similarly situated, . The Clerk is DIRECTED to STRIKE doc. Nos. 39 and 40. Signed by Judge Norah McCann King on 03/08/05. (jm) (Entered: 03/08/2005)

March 8, 2005
50

NOTICE of Appearance by Mary Anne Reese Defendants Ohio Department of Youth Services, Geno Natalucci-Perischetti (Reese, Mary) (Entered: 03/17/2005)

March 17, 2005
51

MOTION for Order to Disqualify Kim Brooks Tandy as Counsel for Plaintiffs by Defendants Ohio Department of Youth Services, Geno Natalucci-Perischetti. (Attachments: # 1 Exhibit 1, Hood v Midwest# 2 Exhibit H, Tandy Affidavit)(Reese, Mary) (Entered: 03/17/2005)

March 17, 2005
52

MOTION for Order to Determine The Status Of One Of The Plaintiffs In This Action by Defendants Ohio Department of Youth Services, Geno Natalucci-Perischetti. (Attachments: # 1 Exhibit A, Affidavit of Nan Hoff)(Mancini, Joseph) (Entered: 03/17/2005)

March 17, 2005
53

MOTION for Extension of Time New date requested 3/31/2005. to respond to Plaintiffs' Motion to Amend by Defendants Ohio Department of Youth Services, Geno Natalucci-Perischetti. (King, Philip) (Entered: 03/22/2005)

March 22, 2005
55

RESPONSE in Support re 24 MOTION for Summary Judgment (First) filed by Defendants Ohio Department of Youth Services, Geno Natalucci-Perischetti. (Attachments: # 1 Exhibit E1 - E4# 2 Exhibit F1 - F4# 3 Exhibit G# 4 Exhibit H)(Mancini, Joseph) (Entered: 03/25/2005)

March 25, 2005
56

RESPONSE in Support re 25 MOTION for Summary Judgment Second Motion for Summary Judgment filed by Defendants Ohio Department of Youth Services, Geno Natalucci-Perischetti. (Attachments: # 1 Exhibit A16# 2 Exhibit A17# 3 Exhibit A18)(Mancini, Joseph) (Entered: 03/25/2005)

March 25, 2005
57

ORDER granting 54 Motion for Extension of Time to File Response/Reply Responses due by 4/21/2005. Signed by Judge Norah McCann King on 03/25/05. (jm) (Entered: 03/25/2005)

March 25, 2005
58

ORDER granting 53 Motion for Extension of Time until March 31, 2005. Signed by Judge Norah McCann King on 03/25/05. (jm) (Entered: 03/25/2005)

March 25, 2005
59

RESPONSE in Opposition re 41 MOTION for Leave to File Amend Complaint filed by Defendants Ohio Department of Youth Services, Geno Natalucci-Perischetti. (Attachments: # 1 Exhibit A, Affidavit of Rhonda Richard)(Mancini, Joseph) (Entered: 03/31/2005)

March 31, 2005
60

MOTION for Order to Show Cause by Plaintiffs D.B. a minor child by and through her next friend Shanda Spurlock, and all others similarly situated, J.P. and all others similarly situated, S.J. and all others similarly situated. (Attachments: # 1 Exhibit Letters from Joe Mancini, Jennifer Kinsley, and Elizabeth Gorman)(Kinsley, Jennifer) (Entered: 04/01/2005)

April 1, 2005
61

MOTION for Extension of Time to File Response/Reply as to 59 Response in Opposition to Motion New date requested 4/25/2005. by Plaintiffs D.B. a minor child by and through her next friend Shanda Spurlock, and all others similarly situated, J.P. and all others similarly situated, S.J. and all others similarly situated. (Kinsley, Jennifer) (Entered: 04/05/2005)

April 5, 2005
62

MOTION for Order to Direct Counsel for Plaintiffs to Cease and Desist and Response to Plaintiffs Motion to Show Cause (Doc. 60) by Defendants Ohio Department of Youth Services, Geno Natalucci-Perischetti. (Attachments: # 1 Exhibit A, 3-25-05 Letter# 2 Exhibit B, 3-28-05 Letter# 3 Exhibit C, 3-29-05 Email# 4 Exhibit D, Stapleton Affidavit# 5 Exhibit E, Moore Affidavit)(Mancini, Joseph) (Entered: 04/06/2005)

April 6, 2005
63

ORDER granting 61 Motion for Extension of Time to File Response Responses due by 4/25/2005. Signed by Judge Norah McCann King on 04/06/05. (jm) (Entered: 04/07/2005)

April 7, 2005
65

ORDER granting 64 Motion for TRO. This order shall remain in effect until 5:00 p.m. on 4/18/2005. The Preliminary Injunction Hearing is hereby set for 4/18/2005 at 1:30 p.m. in Courtroom 1, before Judge Marbley. Signed by Judge Algenon L. Marbley on 4/8/2005. (cw, ) (Entered: 04/08/2005)

April 8, 2005

Set Preliminary Injunction Hearing set for 4/18/2005 01:30 PM in Courtroom 1 before Algenon L. Marbley. (cw, ) Modified to state type of hearing on 4/8/2005 (cw, ). (Entered: 04/08/2005)

April 8, 2005
66

NOTICE OF WITHDRAWL OF DOCUMENT by Plaintiffs D.B. a minor child by and through her next friend Shanda Spurlock, and all others similarly situated, J.P. and all others similarly situated, S.J. and all others similarly situated re 60 MOTION for Order to Show Cause (Kinsley, Jennifer) (Entered: 04/15/2005)

April 15, 2005

ORDER VACATING Preliminary Injunction Hearing scheduled for 4/18/05. Signed by Judge Algenon L. Marbley on 4/15/2005. (cw, ) (Entered: 04/15/2005)

April 15, 2005
67

ORDER vacating Preliminary Injunction Hearing on 4/18/05. Signed by Judge Algenon L. Marbley on 4/15/2005. (cw, ) (Entered: 04/15/2005)

April 15, 2005
68

NOTICE by Defendant Ohio Department of Youth Services of its proposed rule concerning attorney visits (Attachments: # 1 Exhibit A)(King, Philip) (Entered: 04/15/2005)

April 15, 2005
69

NOTICE OF WITHDRAWL OF DOCUMENT by Defendants Ohio Department of Youth Services, Geno Natalucci-Perischetti re 62 MOTION for Order to Direct Counsel for Plaintiffs to Cease and Desist and Response to Plaintiffs Motion to Show Cause (Doc. 60) (King, Philip) (Entered: 04/18/2005)

April 18, 2005
70

REPLY to Response to Motion re 41 MOTION for Leave to File Amend Complaint filed by Plaintiffs D.B. a minor child by and through her next friend Shanda Spurlock, and all others similarly situated, J.P. and all others similarly situated, S.J. and all others similarly situated. (Attachments: # 1 Exhibit Unreported case and "Your Legal Rights" form)(Kinsley, Jennifer) (Entered: 04/18/2005)

April 18, 2005
71

RESPONSE to Motion re 51 MOTION for Order to Disqualify Kim Brooks Tandy as Counsel for Plaintiffs filed by Plaintiffs D.B. a minor child by and through her next friend Shanda Spurlock, and all others similarly situated, J.P. and all others similarly situated, S.J. and all others similarly situated. (Kinsley, Jennifer) (Entered: 04/20/2005)

April 20, 2005
72

TRANSCRIPT of 65.1 Proceedings held on 04/08/05 before Judge Marbley. Court Reporter: Joan Koenig. (ja, ) (Entered: 04/21/2005)

April 21, 2005
73

RESPONSE to Motion re 52 MOTION for Order to Determine The Status Of One Of The Plaintiffs In This Action filed by Plaintiffs D.B. a minor child by and through her next friend Shanda Spurlock, and all others similarly situated, J.P. and all others similarly situated, S.J. and all others similarly situated. (Kinsley, Jennifer) (Entered: 04/21/2005)

April 21, 2005
74

REPLY to Response to Motion re 51 MOTION for Order to Disqualify Kim Brooks Tandy as Counsel for Plaintiffs filed by Defendants Ohio Department of Youth Services, Geno Natalucci-Perischetti. (Reese, Mary) (Entered: 05/02/2005)

May 2, 2005
75

REPLY to Response to Motion re 52 MOTION for Order to Determine The Status Of One Of The Plaintiffs In This Action filed by Defendants Ohio Department of Youth Services, Geno Natalucci-Perischetti. (Attachments: # 1 Exhibit A, Affidavit of Philip King)(Mancini, Joseph) (Entered: 05/02/2005)

May 2, 2005
77

AMENDED COMPLAINT against Bob Taft, Ohio Department of Youth Services, Geno Natalucci-Perischetti, filed by Plaintiffs D.B. a minor child by and through her next friend Shanda Spurlock, and all others similarly situated, J.P. and all others similarly situated, S.J. and all others similarly situated.(jm ) (Entered: 05/18/2005)

May 18, 2005
78

ANSWER to Amended Complaint by Defendants Ohio Department of Youth Services, Geno Natalucci-Perischetti.(Mancini, Joseph) (Entered: 06/01/2005)

June 1, 2005
79

MOTION to Dismiss Party by Defendant Bob Taft. Responses due by 6/27/2005 (Jennings, Sharon) (Entered: 06/02/2005)

June 2, 2005
80

RESPONSE in Opposition re 79 MOTION to Dismiss Party filed by Plaintiffs D.B. a minor child by and through her next friend Shanda Spurlock, and all others similarly situated, J.P. and all others similarly situated, S.J. and all others similarly situated. (Kinsley, Jennifer) (Entered: 06/21/2005)

June 21, 2005
81

NOTICE by Defendants Ohio Department of Youth Services, Geno Natalucci-Perischetti of Intent to File Third Motion for Summary Judgment (Mancini, Joseph) (Entered: 06/29/2005)

June 29, 2005
82

MOTION for Extension of Time New date requested 11/1/2005. to Disclose Experts by Plaintiffs D.B. a minor child by and through her next friend Shanda Spurlock, and all others similarly situated, J.P. and all others similarly situated, S.J. and all others similarly situated. (Kinsley, Jennifer) (Entered: 07/01/2005)

July 1, 2005
83

MOTION for Extension of Time to File Response/Reply as to 80 Response in Opposition to Motion, New date requested 7/12/2005. by Defendant Bob Taft. (Attachments: # 1)(Jennings, Sharon) (Entered: 07/01/2005)

July 1, 2005
84

MOTION for Extension of Time New date requested 11/1/2005. to Disclose Expert Witnesses by Defendants Ohio Department of Youth Services, Geno Natalucci-Perischetti. (Mancini, Joseph) (Entered: 07/01/2005)

July 1, 2005
85

ORDER granting 83 MOTION for Extension of Time to File Reply to 80 Response in Opposition to Motion to dismiss the complaint. Replies due by 7/12/2005. Signed by Judge Norah McCann King on 7/5/05. (er ) (Entered: 07/05/2005)

July 5, 2005
87

NOTICE of Voluntary Dismissal (Kinsley, Jennifer) (Entered: 07/07/2005)

July 7, 2005
88

REPLY to Response to Motion re 79 MOTION to Dismiss Party filed by Defendant Bob Taft. (Jennings, Sharon) (Entered: 07/12/2005)

July 12, 2005
89

Third MOTION for Summary Judgment by Defendants Ohio Department of Youth Services, Geno Natalucci-Perischetti. Responses due by 8/25/2005 (Attachments: # 1 Exhibit A, Rollins Affidavit re: MM# 2 Exhibit B, Rollins Affidavit Re: TM# 3 Exhibit C, Richard Affidavit# 4 Exhibit C1, Vollmer Affidavit# 5 Exhibit C2, Hoff Affidavit# 6 Exhibit C3, Hicks Email# 7 Exhibit C4, Moore Affidavit)(Mancini, Joseph) (Entered: 08/01/2005)

Aug. 1, 2005
90

MOTION for Extension of Time to File Response/Reply as to 89 Third MOTION for Summary Judgment New date requested 11/25/2005. by Plaintiffs D.B. a minor child by and through her next friend Shanda Spurlock, and all others similarly situated, H. H., J.P. and all others similarly situated, S.J. and all others similarly situated. (Kinsley, Jennifer) (Entered: 08/16/2005)

Aug. 16, 2005
91

ORDER Setting Hearing on Motion 6 MOTION to Certify Class: Motion Hearing set for 9/9/2005 10:00 AM in Courtroom 1 before Algenon L. Marbley. Signed by Judge Algenon L. Marbley on 8/17/2005. (cw, ) (Entered: 08/17/2005)

Aug. 17, 2005
92

RESPONSE in Opposition re 90 MOTION for Extension of Time to File Response/Reply as to 89 Third MOTION for Summary Judgment New date requested 11/25/2005. filed by Defendants Bob Taft, Ohio Department of Youth Services, Geno Natalucci-Perischetti. (Mancini, Joseph) (Entered: 08/29/2005)

Aug. 29, 2005
93

NOTICE by Defendants Ohio Department of Youth Services, Geno Natalucci-Perischetti to File a Supplemental Memorandum in Support of Their 3rd Motion for Summary Judgment (Mancini, Joseph) (Entered: 08/30/2005)

Aug. 30, 2005
94

MOTION for Extension of Time to Complete Discovery New date requested 2/1/2006. by Plaintiffs D.B. a minor child by and through her next friend Shanda Spurlock, and all others similarly situated, H. H., J.P. and all others similarly situated, S.J. and all others similarly situated. (Kinsley, Jennifer) (Entered: 08/30/2005)

Aug. 30, 2005
95

REPLY to Response to Motion re 90 MOTION for Extension of Time to File Response/Reply as to 89 Third MOTION for Summary Judgment New date requested 11/25/2005. filed by Plaintiffs D.B. a minor child by and through her next friend Shanda Spurlock, and all others similarly situated, H. H., J.P. and all others similarly situated, S.J. and all others similarly situated. (Attachments: # 1 Order; Affidavit of Jennifer Kinsley)(Kinsley, Jennifer) (Entered: 09/06/2005)

Sept. 6, 2005
96

ORDER finding as moot 23 Motion to Dismiss . Signed by Judge Algenon L. Marbley on 9/7/2005. (cw, ) (Entered: 09/07/2005)

Sept. 7, 2005

State / Territory: Ohio

Case Type(s):

Juvenile Institution

Key Dates

Filing Date: July 29, 2004

Closing Date: 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All juveniles who are or will in the future be committed to the OH Dep. of Youth Services (ODYS) and placed in an institution, secured facility, or community corrections facility operated by, or funded in part or in total by contract with, ODYS.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State of Ohio, 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

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

Order Duration: 2007 - 0

Issues

General:

Access to lawyers or judicial system

Affected Gender:

Female

Male

Type of Facility:

Government-run