Case: Brown v. Department of Public Safety and Correctional Services

1:16-cv-00945 | U.S. District Court for the District of Maryland

Filed Date: March 30, 2016

Closed Date: June 6, 2019

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Case Summary

Nine current and former inmates at Roxbury Correctional Institute who are blind brought a discrimination lawsuit against the Department of Public Safety and Correctional Services in the U.S. District Court for the District of Maryland. One individual inmate filed his complaint on March 30, 2016, and five days later this case was consolidated with eight other cases. The plaintiffs, represented by the National Federation of the Blind and Prisoner Rights Information System of Maryland, alleged that the defendants had violated the prisoners' Eighth and Fourteenth Amendment rights, that the defendants had violated Titles II and IV of the Americans with Disabilities Act (ADA), and Section 504 of the Rehabilitation Act of 1973. The plaintiffs, bringing this action under 42 U.S.C. Section 1983, sought declaratory and injunctive relief, as well as compensatory and punitive damages, and attorney's fees. The case was assigned to Judge Richard D. Bennett.

The plaintiffs filed an amended complaint on September 7, 2016. This complaint alleged that the defendants discriminated against the plaintiffs because they were blind. Specifically, the plaintiffs were denied access to the courts and grievances process. The complaint alleged that prison employees retaliated against inmates who assisted the blind inmates with he grievances process, which the plaintiffs alleged was also discrimination on the basis of the plaintiff's blindness. Additionally, the defendants did not provide the plaintiffs with reasonable auxiliary aids or services that would have allowed the plaintiffs to navigate through the prison and read and write independently. The defendants also discriminated against blind inmates by refusing to provide them with competent literacy instruction. The defendants failed to provide access to the services, benefits, activities, programs, and privileges available to other inmates. The complaint alleges that the plaintiffs have suffered physical and sexual abuse as a result of the defendants discriminatory policies and practices. The complaint alleges that the defendants did not consider the safety concerns of blind inmates when double celling prisoners.

The case was referred to Magistrate Judge Stephanie A Gallagher for Settlement on January 31, 2018. A number of settlement conferences were held in 2018, but the parties were unable to reach an agreement. On December 21, 2018 the case was referred to Magistrate Judge Beth P. Gesner for all discovery. There were a number of discovery disputes and many of the documents in this case were filed under seal and inaccessible on PACER.

On January 10, 2019, the defendants filed a motion to dismiss for failure to state a claim upon which relief can be granted. On March 18, the defendants filed a motion for summary judgment and the plaintiffs filed a motion for partial summary judgment. The motions for summary judgment were filed under seal. A hearing was held before Judge Bennet on April 24, 2019 on these motions. Judge Bennett issued an opinion on May 13, 2019. Judge Bennett denied as moot the defendants' motion to dismiss, denied the plaintiffs' motion for partial summary judgment, and granted in part and denied in part the defendants motion for summary judgment. Summary judgment was entered in favor of the defendants as to Count I (denial of access to courts in violation of the Fourteenth Amendment) and Count II (subjecting the plaintiffs to serious harm and a risk of serious harm in violation of the Eighth Amendment) of the plaintiff's amended complaint. Count III (discrimination against the plaintiffs on the basis of blindness in violation of the ADA) and Count IV (discrimination against the plaintiffs because of blindness in violation of Section 504 of the Rehabilitation Act) survived and litigation would continue on these claims. 383 F.Supp.3d 519 (May 13, 2019, D. Md.). Judge Bennett also issued an order and judgment on the same day that reiterated the conclusions of the opinion.

Back in March of 2019 the plaintiffs filed a motion and an amended motion for sanctions under Rule 37(b)(2) of the Federal Rules of Civil Procedure. A motion hearing was held on the motion for sanctions before before Magistrate Judge Beth P. Gesner on March 11, 2019. The next day, Magistrate Judge Gesner issued an order denying the motion for sanctions.

Between March and May of 2019, the plaintiffs filed numerous motions for a writ of habeas corpus. No decisions were made on these motions, and they were eventually withdrawn due to settlement negotiations.

On May 20, 2019 the plaintiffs and the defendants filed a joint motion for stay because the parties had engaged in negotiations and reached a settlement agreement. The motion to stay was granted by Judge Bennett two days later.

In May 2019, the parties reached a settlement agreement for $1.4 million in damages and attorneys fees. The settlement requires the Maryland Department of Public Safety and Correctional Services (DPSCS) will modify prison procedures and provide assistive technology for the blind to comply with the Americans with Disabilities Act (ADA) and other applicable laws. DPSCS will implement several corrective measures, such as computers that convert text to voice, assigning blind prisoners to single cells, providing Braille instructors and other instruction that will allow blind prisoners to live and learn independently, making educational materials available on tape, and assigning counselors to assist blind inmates with legal materials, medical requests, and mail.

On June 6, 2019 the parties filed a stipulation of dismissal. Judge Bennett signed an order granting the dismissal the same day. The case is now closed.

	Document
1:16-cv-00945	Docket [PACER]	June 6, 2019	June 6, 2019 Docket
1 1:16-cv-00945	Motion for Appointment of Counsel	March 30, 2016	March 30, 2016 Complaint
3-6 1:16-cv-00945	Motion for Appointment of Counsel	April 4, 2016	April 4, 2016 Pleading / Motion / Brief
3-1 1:16-cv-00945	Motion for Appointment of Counsel	April 4, 2016	April 4, 2016 Pleading / Motion / Brief
3-7 1:16-cv-00945	Motion for Appointment of Counsel	April 4, 2016	April 4, 2016 Pleading / Motion / Brief
3-2 1:16-cv-00945	Motion for Appointment of Counsel	April 4, 2016	April 4, 2016 Pleading / Motion / Brief
2 1:16-cv-00945 16-00946 16-00947 16-00948 16-00949 16-00950 16-00951 16-00952 16-00953 16-00954	Order Blue v. Warden	April 4, 2016	April 4, 2016 Order/Opinion
3-5 1:16-cv-00945	Motion for Appointment of Counsel	April 4, 2016	April 4, 2016 Pleading / Motion / Brief
3-8 1:16-cv-00945	Motion for Appointment of Counsel	April 4, 2016	April 4, 2016 Pleading / Motion / Brief
3-3 1:16-cv-00945	Motion for Appointment of Counsel	April 4, 2016	April 4, 2016 Pleading / Motion / Brief

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against Warden, filed by Anthony Blue. (Attachments: # 1 Envelope)(krs, Deputy Clerk) (Entered: 03/31/2016) 1 Envelope View on PACER	March 30, 2016	March 30, 2016 Clearinghouse
2	ORDER Consolidating cases with RDB-16-cv-945; All pleadings from the consolidated cases shall be dockets in lead case; Granting motion for Appointment of Counsel; Appointing Stephen Meehan as counsel for each Plaintiff; Granting counsel 60 days to file required pleadings. Signed by Judge Richard D Bennett on 4/4/2016. (c/m 4/5/16)(krs, Deputy Clerk) (Entered: 04/05/2016)	April 4, 2016	April 4, 2016 Clearinghouse
3	Supplemental (Complaint RDB-16-946) to 1 Complaint. (Attachments: # 1 Complaint RDB-16-cv-947, # 2 Complaint RDB-16-cv-948, # 3 Complaint RDB-16-cv-949, # 4 Complaint RDB-16-cv-950, # 5 Complaint RDB-16-cv-951, # 6 Complaint RDB-16-cv-952, # 7 Complaint RDB-16-cv-953, # 8 Complaint RDB-16-cv-954)(krs, Deputy Clerk) (Entered: 04/05/2016) 1 Complaint in RDB-16-cv-947 View on Clearinghouse 2 Complaint in RDB-16-cv-948 View on Clearinghouse 3 Complaint in RDB-16-cv-949 View on Clearinghouse 4 Complaint in RDB-16-cv-950 View on Clearinghouse 5 Complaint in RDB-16-cv-951 View on Clearinghouse 6 Complaint in RDB-16-cv-952 View on Clearinghouse 7 Complaint in RDB-16-cv-953 View on Clearinghouse 8 Complaint in RDB-16-cv-954 View on Clearinghouse	April 4, 2016	April 4, 2016 Clearinghouse
4	NOTICE of Appearance by Damien Dorsey on behalf of All Plaintiffs (Dorsey, Damien) (Entered: 04/05/2016)	April 5, 2016	April 5, 2016 RECAP
5	Correspondence from Plaintiff, Maynard Snead. (krs, Deputy Clerk) (Entered: 05/12/2016)	May 11, 2016	May 11, 2016 PACER
6	Correspondence from Anonymous Inmate at Roxbury Correctional Institution. (krs, Deputy Clerk) (Entered: 05/26/2016)	May 25, 2016	May 25, 2016 RECAP
7	MOTION for Extension of Time to File an Amended Complaint and Motions to Proceed in Forma Pauperis by Anthony Blue, Steven Brown, Wilbert M. Delano, Gregory Hammond, Sedric Holley, Johnny James, Tyrell Polley, Maynard Snead, Robert Wilson Responses due by 6/13/2016 (Dorsey, Damien) (Entered: 05/27/2016)	May 27, 2016	May 27, 2016 PACER
8	ORDER Granting Counsel to and including 6/10/2016, to file a status report. Signed by Judge Richard D. Bennett on 5/27/2016. (c/m and ECF 6 5/27/16)(krs, Deputy Clerk) (Entered: 05/27/2016)	May 27, 2016	May 27, 2016 PACER
9	ORDER Granting 7 Motion for Extension of Time to and including 7/5/2016. Signed by Judge Richard D. Bennett on 5/31/2016. (c/m 5/31/16) (krs, Deputy Clerk) (Entered: 05/31/2016)	May 31, 2016	May 31, 2016 PACER
10	STATUS REPORT by Anthony Blue, Steven Brown, Wilbert M. Delano, Gregory Hammond, Sedric Holley, Johnny James, Tyrell Polley, Maynard Snead, Robert Wilson. (Dorsey, Damien) (Entered: 06/10/2016)	June 10, 2016	June 10, 2016 PACER
11	NOTICE of Appearance by Daniel Frank Goldstein on behalf of All Plaintiffs (Goldstein, Daniel) (Entered: 07/01/2016)	July 1, 2016	July 1, 2016 PACER
12	NOTICE of Appearance by Joshua R Treem on behalf of All Plaintiffs (Treem, Joshua) (Entered: 07/01/2016)	July 1, 2016	July 1, 2016 PACER
13	Second MOTION for Extension of Time to File an Amended Complaint and Motions to Proceed in Forma Pauperis by Anthony Blue, Steven Brown, Wilbert M. Delano, Gregory Hammond, Sedric Holley, Johnny James, Tyrell Polley, Maynard Snead, Robert Wilson Responses due by 7/18/2016 (Dorsey, Damien) (Entered: 07/01/2016)	July 1, 2016	July 1, 2016 PACER
14	ORDER granting 13 Motion for Extension of Time to and including 8/5/2016. Signed by Judge Richard D. Bennett on 7/5/2016. (krs, Deputy Clerk) (Entered: 07/05/2016)	July 5, 2016	July 5, 2016 PACER
15	MOTION for Extension of Time by Anthony Blue, Steven Brown, Wilbert M. Delano, Gregory Hammond, Sedric Holley, Johnny James, Tyrell Polley, Maynard Snead, Robert Wilson (Treem, Joshua) Modified on 7/26/2016 (krs, Deputy Clerk). (Entered: 07/25/2016)	July 25, 2016	July 25, 2016 PACER
16	QC NOTICE: 15 Notice (Other) filed by Johnny James, Robert Wilson, Maynard Snead, Tyrell Polley, Gregory Hammond, Steven Brown, Wilbert M. Delano, Sedric Holley, Anthony Blue was filed incorrectly. **In the future please refile using "Motion for Extension of Time." There is no corrective action required at this time. (krs, Deputy Clerk) (Entered: 07/26/2016)	July 26, 2016	July 26, 2016 PACER
17	MARGINAL ORDER Granting 15 Motion for Extension of Time. Signed by Judge Richard D. Bennett on 8/1/2016. (bas, Deputy Clerk) (Entered: 08/01/2016)	Aug. 1, 2016	Aug. 1, 2016 PACER
18	NOTICE of Voluntary Dismissal by Anthony Blue (Goldstein, Daniel) (Entered: 09/06/2016)	Sept. 6, 2016	Sept. 6, 2016 Clearinghouse
19	MOTION for Leave to Proceed in forma pauperis by Steven Brown, Wilbert M. Delano, Gregory Hammond, Sedric Holley, Johnny James, Tyrell Polley, Maynard Snead, Robert Wilson Responses due by 9/23/2016 (Attachments: # 1 Exhibit 1 - James, # 2 Exhibit 2 - Brown, # 3 Exhibit 3 - Wilson, # 4 Exhibit 4 - Sneed, # 5 Exhibit 5 - Hopkins, # 6 Exhibit 6 - Polley, # 7 Exhibit 7 - Hammond, # 8 Exhibit 8 - Holley, # 9 Exhibit 9 - Delano)(Goldstein, Daniel) (Entered: 09/06/2016) 1 Exhibit 1 - James View on RECAP 2 Exhibit 2 - Brown View on PACER 3 Exhibit 3 - Wilson View on PACER 4 Exhibit 4 - Sneed View on PACER 5 Exhibit 5 - Hopkins View on PACER 6 Exhibit 6 - Polley View on PACER 7 Exhibit 7 - Hammond View on PACER 8 Exhibit 8 - Holley View on PACER 9 Exhibit 9 - Delano View on PACER	Sept. 6, 2016	Sept. 6, 2016 RECAP
20	(FILED IN ERROR) AMENDED COMPLAINT against All Defendants, filed by Gregory Hammond, Steven Brown, Tyrell Polley, Sedric Holley, Anthony Blue, Robert Wilson, Wilbert M. Delano, Johnny James, Maynard Snead.(Goldstein, Daniel) Modified on 9/7/2016 (bmhs, Deputy Clerk). (Entered: 09/06/2016)	Sept. 6, 2016	Sept. 6, 2016 PACER
21	NOTICE of Change of Address by Daniel Frank Goldstein (Goldstein, Daniel) (Entered: 09/06/2016)	Sept. 6, 2016	Sept. 6, 2016 PACER
22	QC NOTICE: 20 Amended Complaint filed by Johnny James, Robert Wilson, Maynard Snead, Tyrell Polley, Gregory Hammond, Steven Brown, Wilbert M. Delano, Sedric Holley, Anthony Blue needs to be corrected. It has been noted as FILED IN ERROR, and the document link has been disabled. The following corrective actions are needed regarding missing or incomplete information: **Redline copy has not been filed. Please re-file the clean version of the amended complaint as the main document and the redline version as an attachment to the amended complaint. (bmhs, Deputy Clerk) (Entered: 09/07/2016)	Sept. 7, 2016	Sept. 7, 2016 PACER
23	AMENDED COMPLAINT against Warden, filed by Gregory Hammond, Steven Brown, Tyrell Polley, Sedric Holley, Anthony Blue, Robert Wilson, Wilbert M. Delano, Johnny James, Maynard Snead. (Attachments: # 1 Exhibit Redline of Changed Caption)(Goldstein, Daniel) (Entered: 09/07/2016) 1 Exhibit Redline of Changed Caption View on PACER	Sept. 7, 2016	Sept. 7, 2016 Clearinghouse
24	MARGINAL ORDER granting 18 Notice of Voluntary Dismissal filed by Anthony Blue. Signed by Judge Richard D. Bennett on 9/7/2016. (bmhs, Deputy Clerk) (Entered: 09/08/2016)	Sept. 7, 2016	Sept. 7, 2016 PACER
25	ORDER dismissing the complaint as to Anthony Blue; granting 19 Plaintiffs' Motion for Leave to Proceed in forma pauperis; directing Clerk to amend the docket to include Defendants and correct the spelling of Plaintiffs' names; and directing Clerk to transmit copies and otherwise withhold service. Signed by Judge Richard D. Bennett on 9/9/2016. (c/m 9/12/16 bmhs, Deputy Clerk) (Entered: 09/12/2016)	Sept. 9, 2016	Sept. 9, 2016 PACER
26	NOTICE of Appearance by Abigail Graber on behalf of All Plaintiffs (Graber, Abigail) (Entered: 09/21/2016)	Sept. 21, 2016	Sept. 21, 2016 PACER
27	NOTICE of Appearance by Stephanie Judith Lane Weber on behalf of All Defendants (Lane Weber, Stephanie) (Entered: 10/14/2016)	Oct. 14, 2016	Oct. 14, 2016 PACER
28	Consent MOTION for Extension of Time to File Answer to and including December 12, 2016 by Dayena M. Corcoran, Department of Public Safety and Correctional Services, Stephen Moyer (Attachments: # 1 Text of Proposed Order)(Kelly, Teresa) (Entered: 11/02/2016) 1 Text of Proposed Order View on PACER	Nov. 2, 2016	Nov. 2, 2016 PACER
29	MOTION to Amend/Correct the Caption by Steven Brown, Wilbert M. Delano, Gregory Hammond, Sedric Holley, Russell Hopkins, Johnnie James, Tyrell Polley, Maynard Sneed, Robert Wilson(Graber, Abigail) (Entered: 11/03/2016)	Nov. 3, 2016	Nov. 3, 2016 PACER
30	ORDER granting 28 Motion for Extension of Time. Signed by Judge Richard D. Bennett on 11/3/2016. (c/m 11/3/16 bmhs, Deputy Clerk) (Entered: 11/03/2016)	Nov. 3, 2016	Nov. 3, 2016 PACER
31	MOTION for Extension of Time to File Answer to and including January 27, 2017 by Dayena M. Corcoran, Department of Public Safety and Correctional Services, Richard Miller, Stephen Moyer (Attachments: # 1 Text of Proposed Order)(Kelly, Teresa) (Entered: 12/12/2016) 1 Text of Proposed Order View on PACER	Dec. 12, 2016	Dec. 12, 2016 PACER
32	ORDER granting 31 Motion for Extension of Time to Answer to and including January 27, 2017.. Signed by Judge Richard D. Bennett on 12/13/2016. (c/m 12/13/16) (kr2, Deputy Clerk) (Entered: 12/13/2016)	Dec. 13, 2016	Dec. 13, 2016 PACER
33	MOTION for Extension of Time by Dayena M. Corcoran, Department of Public Safety and Correctional Services, Richard Miller, Stephen Moyer (Attachments: # 1 Text of Proposed Order Order)(Kelly, Teresa) (Entered: 01/27/2017) 1 Text of Proposed Order Order View on PACER	Jan. 27, 2017	Jan. 27, 2017 PACER
34	ORDER granting 33 Motion for Extension of Time to and including March 15, 2017. Signed by Judge Richard D. Bennett on 1/30/2017. (c/m 1/31/17) (kr2, Deputy Clerk) (Entered: 01/31/2017)	Jan. 31, 2017	Jan. 31, 2017 PACER
35	RETURN PLEADING ORDER returning unfiled document to Neal F. Willey, III. Signed by Chief Judge Catherine C. Blake on 2/10/2017. (Attachments: # 1 Returned document)(kr2, Deputy Clerk) (Entered: 02/10/2017) 1 Returned document View on PACER	Feb. 10, 2017	Feb. 10, 2017 PACER
36	MOTION for Extension of Time to File Answer to and including May 15, 2017 by Dayena M. Corcoran, Department of Public Safety and Correctional Services, Richard Miller, Stephen Moyer (Attachments: # 1 Text of Proposed Order)(Kelly, Teresa) (Entered: 03/10/2017) 1 Text of Proposed Order View on PACER	March 10, 2017	March 10, 2017 PACER
37	ORDER granting 36 Motion for Extension of Time to Answer Dayena M. Corcoran answer due 5/15/2017; Department of Public Safety and Correctional Services answer due 5/15/2017; Richard Miller answer due 5/15/2017; Stephen Moyer answer due 5/15/2017.. Signed by Judge Richard D. Bennett on 3/10/2017. (c/m 3/13/17) (kr2, Deputy Clerk) (Entered: 03/13/2017)	March 13, 2017	March 13, 2017 PACER
38	MOTION for Extension of Time to File Answer to and including July 17, 2017 by Dayena M. Corcoran, Department of Public Safety and Correctional Services, Richard Miller, Stephen Moyer (Attachments: # 1 Text of Proposed Order)(Kelly, Teresa) (Entered: 05/12/2017) 1 Text of Proposed Order View on PACER	May 12, 2017	May 12, 2017 PACER
39	ORDER granting 38 Motion for Extension of Time to Answer Dayena M. Corcoran answer due 7/17/2017; Department of Public Safety and Correctional Services answer due 7/17/2017; Richard Miller answer due 7/17/2017; Stephen Moyer answer due 7/17/2017.. Signed by Judge Richard D. Bennett on 5/15/2017. (kr2, Deputy Clerk) (Entered: 05/15/2017)	May 15, 2017	May 15, 2017 PACER
40	MOTION for Extension of Time to File Response/Reply to and including September 15, 2017 by Dayena M. Corcoran, Department of Public Safety and Correctional Services, Richard Miller, Stephen Moyer (Attachments: # 1 Text of Proposed Order)(Kelly, Teresa) (Entered: 07/17/2017) 1 Text of Proposed Order View on PACER	July 17, 2017	July 17, 2017 PACER

Case: Brown v. Department of Public Safety and Correctional Services

1:16-cv-00945 | U.S. District Court for the District of Maryland

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