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Case Name Rogers v. Maryland Department of Public Safety and Correctional Services PC-MD-0013
Docket / Court 1:19-cv-03090-JKB ( D. Md. )
Additional Docket(s) 24-C-19-004580  [ 19-4580 ]  Trial Court (MD)
1:16-cv-1255-JKB  [ 16-1255 ]  District of MD (U.S.)
State/Territory Maryland
Case Type(s) Disability Rights-Pub. Accom.
Prison Conditions
Case Summary
This case concerns discrimination against disabled prisoners by correctional facilities. On August 30, 2019, the plaintiffs, six individuals all currently or formerly in the custody of the Maryland Department of Public Safety and Correctional Services (the “Department”), filed a complaint in ... read more >
This case concerns discrimination against disabled prisoners by correctional facilities. On August 30, 2019, the plaintiffs, six individuals all currently or formerly in the custody of the Maryland Department of Public Safety and Correctional Services (the “Department”), filed a complaint in the Circuit Court for Baltimore City, Maryland (No. 19-004580) against the Department and various current and former Department officials. The plaintiffs sued all defendants under the Americans with Disabilities Act (the “ADA”), Section 504 of the Rehabilitation Act, and state law. The plaintiffs also sued the individual (i.e. non-Department) defendants for violations of the Eighth and Fourteenth Amendments under 42 U.S.C. § 1983. The plaintiffs, represented by private counsel, sought injunctive, compensatory, and punitive relief.

Specifically, the plaintiffs claimed that the Department’s discriminatory practices denied them equal access to the Department’s services, programs, and activities available to non-disabled prisoners. For example, the Department had not made all parts of their facilities wheelchair-accessible, forcing wheelchair-bound prisoners to expose themselves to dangerous conditions likely to cause physical harm, such as noncompliant bathrooms, showers, ramps, and cells. The Department had also denied the plaintiffs and other disabled prisoners equal access to the Department's vocational training and work release programs on the sole basis of their disabilities, resulting in lost opportunities to work and earn money while in prison. The plaintiffs also claimed to receive threats from prison staff when the plaintiffs spoke up against the Department's noncompliance.

On October 23, 2019, the defendants removed the case to the United States District Court for the District of Maryland. On December 30, 2019, the defendants filed a motion to dismiss the case for failure to state a claim upon which relief could be granted under the ADA, the Rehabilitation Act, Section 1983, or Maryland state law. On January 14, 2020, Judge Ellen L. Hollander transferred the case to Chief Judge James K. Bredar because one of the plaintiffs was also involved in a case with overlapping factual and legal issues assigned to Judge Bredar (Jardina v. Dep’t of Pub. Safety & Corr. Servs., No. JKB-16-1255). In fact, the plaintiff in Jardina moved to consolidate his case with this one on November 26, 2019, and Judge Bredar granted that motion to consolidate on January 15, 2020. On February 5, the case was referred to Magistrate Judge J. Mark Coulson for purposes of settlement, discovery, or further proceedings. The case is ongoing.

Emma Siskin - 02/06/2020


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Issues and Causes of Action
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Issues
Constitutional Clause
Cruel and Unusual Punishment
Due Process
Defendant-type
Corrections
Disability
Mental impairment
Mobility impairment
Discrimination-basis
Disability (inc. reasonable accommodations)
General
Grievance Procedures
Work release or work assignments
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Section 504 (Rehabilitation Act), 29 U.S.C. § 701
State law
Defendant(s) The Maryland Department of Public Safety and Correctional Services and various current and former Department officials.
Plaintiff Description Six individuals all currently or formerly in the custody of the Maryland Department of Public Safety and Correctional Services.
Class action status sought No
Class action status outcome Not sought
Filed Pro Se No
Prevailing Party None Yet / None
Public Int. Lawyer No
Nature of Relief None yet
Source of Relief None yet
Filed 08/30/2019
Case Ongoing Yes
Additional Resources
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  See this case at CourtListener.com (May provide additional documents and, for active cases, real-time alerts)
Court Docket(s)
D. Md.
01/23/2020
1:19-03090-JKB
PC-MD-0013-9000.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D. Md.
02/27/2020
1:16-cv-1255
PC-MD-0013-9001.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
General Documents
D. Md.
04/27/2016
Complaint Under the Civil Rights Act [ECF# 1]
PC-MD-0013-0004.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D. Md.
03/03/2017
Order [ECF# 52]
PC-MD-0013-0005.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
U.S. Court of Appeals
08/23/2017
Judgment [Ct. of App. ECF# 26, 27-1, 27-2] (696 Fed.Appx. 130)
PC-MD-0013-0006.pdf | WESTLAW| LEXIS | Detail
Source: PACER [Public Access to Court Electronic Records]
D. Md.
12/18/2018
Order [ECF# 94]
PC-MD-0013-0007.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D. Md.
10/23/2019
Complaint and Demand for Jury Trial [ECF# 2]
PC-MD-0013-0001.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D. Md.
12/30/2019
Memorandum of Law in Support of Defendants' Motion to Dismiss Plaintiffs' Complaint [ECF# 19-1]
PC-MD-0013-0002.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D. Md.
01/15/2020
Order [ECF# 137]
PC-MD-0013-0008.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D. Md.
01/21/2020
Memorandum [ECF# 26] (2020 WL 298139)
PC-MD-0013-0003.pdf | WESTLAW | Detail
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Bredar, James Kelleher (D. Md.) show/hide docs
PC-MD-0013-0003 | PC-MD-0013-0005 | PC-MD-0013-0007 | PC-MD-0013-0008 | PC-MD-0013-9000 | PC-MD-0013-9001
Coulson, J. Mark Court not on record [Magistrate] show/hide docs
PC-MD-0013-9001
Diaz, Albert (Fourth Circuit) show/hide docs
PC-MD-0013-0006
Duncan, Allyson Kay (Fourth Circuit) show/hide docs
PC-MD-0013-0006
Motz, Diana Jane Gribbon (Fourth Circuit) show/hide docs
PC-MD-0013-0006
Plaintiff's Lawyers Barron, Erek Lawrence (Maryland) show/hide docs
PC-MD-0013-0001 | PC-MD-0013-9000
Daneman, David (Maryland) show/hide docs
PC-MD-0013-0001 | PC-MD-0013-9000
Honick, Allen Eisner (Maryland) show/hide docs
PC-MD-0013-0001 | PC-MD-0013-9000 | PC-MD-0013-9001
Perlin, Ryan S (Maryland) show/hide docs
PC-MD-0013-9001
Whiteford, Thomas Johns (Maryland) show/hide docs
PC-MD-0013-0001 | PC-MD-0013-9000
Defendant's Lawyers Arnquist, Lisa O Mara (Maryland) show/hide docs
PC-MD-0013-0002 | PC-MD-0013-9000
Chazen, Joseph B (Maryland) show/hide docs
PC-MD-0013-0006 | PC-MD-0013-9001
Crawford, Mary C. (Maryland) show/hide docs
PC-MD-0013-9001
Curnutte, Francis M III (Maryland) show/hide docs
PC-MD-0013-9001
Doyle, Michael O Connor (Maryland) show/hide docs
PC-MD-0013-0002 | PC-MD-0013-9000
Frosh, Brian E. (Maryland) show/hide docs
PC-MD-0013-0002
Lane-Weber, Stephanie (Maryland) show/hide docs
PC-MD-0013-9001
Meister, Douglas Conrad (Maryland) show/hide docs
PC-MD-0013-9001
Nayar, Ankush (Maryland) show/hide docs
PC-MD-0013-0006 | PC-MD-0013-9001
Smith, Gina Marie (Maryland) show/hide docs
PC-MD-0013-0006 | PC-MD-0013-9001

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