Case: Smith v. Dewine

2:20-cv-02471 | U.S. District Court for the Southern District of Ohio

Filed Date: May 15, 2020

Closed Date: Dec. 3, 2020

Clearinghouse coding complete

Case Summary

COVID-19 Summary: This was a putative class action filed in May 2020 by four prisoners incarcerated in the Ohio state prison system who sought improved prevention measures, testing, and medical care during the COVID-19 pandemic. The court denied the plaintiffs' demand for a preliminary injunction on August 3, 2020 and the plaintiffs voluntarily dismissed the case on November 13, 2020 and the case was closed on December 3. This putative class action lawsuit was filed on May 15, 2020 in the U.S. …

COVID-19 Summary: This was a putative class action filed in May 2020 by four prisoners incarcerated in the Ohio state prison system who sought improved prevention measures, testing, and medical care during the COVID-19 pandemic. The court denied the plaintiffs' demand for a preliminary injunction on August 3, 2020 and the plaintiffs voluntarily dismissed the case on November 13, 2020 and the case was closed on December 3.


This putative class action lawsuit was filed on May 15, 2020 in the U.S. District Court for the Southern District of Ohio, Eastern Division. The suit was brought by four prisoners in the Ohio state prison system (two in the Marion Correctional Institute, one in the Allen Correctional Institute, and another in the Richland Correctional Institute). Represented by private counsel, they brought this suit against Governor Mike DeWine and Annette Chambers-Smith, the Director of the Ohio Department of Rehabilitation and Correction ("the Department").

The plaintiffs sued under federal law, 42 U.S.C. § 1983 and 28 U.S.C. §§ 2201-2202, and the Ohio Constitution, seeking relief based on deprivations of their Eighth and Sixth Amendment rights. The suit alleged that the Department had insufficient capacity to prevent and treat COVID-19 and the failure to implement preventative measures and appropriate medical care led to an exponential increase in infections across the state's prison system. They also alleged that the Department failed to institute a policy that would enable attorneys to effectively communicate with their clients while in-person visitation was suspended. The prisoners requested declaratory and injunctive relief, including release for a certain category of prisoners and adequate COVID-19 prevention, testing, and care, as well as attorneys' fees and costs. The prisoners alleged that as of May 2020, the Department has reported "that of 7,536 tests given, 4,439 have been positive... 59% of the tests given," and that 49 prisoners have died as a result of COVID-19 while in the custody of the Department. The case was assigned to Magistrate Judge Kimberly A. Jolson, and then later Judge Edmund A. Sargus.

On June 19, the prisoners filed a motion for a preliminary injunction to prohibit defendants from violating their constitutional rights by withholding protective measures and care necessary to protect their health.

On June 26 and June 30, both defendants independently filed motions to dismiss for failure to state a claim and lack of jurisdiction.

On August 3, Judge Sargus issued an opinion and order that denied the prisoners' motion for a preliminary injunction, granted the defendants' motion to dismiss in part as to the claims under state law and against the Governor, but allowed the constitutional claims to go forward against the Director of the Department. 2020 WL 4436362. Judge Sargus denied the motion for preliminary injunction because the evidence presented failed to show that the Department displayed deliberate indifference when responding to the risk. Defendants provided evidence "showing [they] reasonably sought to implement responsive actions to the spread of the virus in accordance with CDC guidelines." Judge Sargus also noted that the prisoners had failed to identify any ongoing litigation they were involved in that would implicate a Sixth Amendment right to counsel and also failed to provide substantial evidence of denial of access to counsel.

On November 13, the prisoners filed a notice of voluntary dismissal. The case was dismissed without prejudice on December 3, 2020.

Summary Authors

Chandler Hart-McGonigle (11/27/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17168599/parties/smith-v-dewine/


Judge(s)

Jolson, Kimberly A (Ohio)

Attorney for Plaintiff

Kendall, Kimberly (Ohio)

Attorney for Defendant

Bradford, Tracy L (Ohio)

Holscher, Zachary M (Ohio)

Madden, Thomas E (Ohio)

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Documents in the Clearinghouse

Document

2:20-cv-02471

Docket [PACER]

Smith v. DeWine

Dec. 3, 2020

Dec. 3, 2020

Docket
1

2:20-cv-02471

Complaint

Smith v. DeWine

May 15, 2020

May 15, 2020

Complaint
13

2:20-cv-02471

Plaintiffs' Motion and Memorandum of Law in Support of Plaintiffs' Motion for Preliminary Injunction

Smith v. DeWine

June 19, 2020

June 19, 2020

Pleading / Motion / Brief
40

2:20-cv-02471

Opinion and Order

Smith v. DeWine

Aug. 3, 2020

Aug. 3, 2020

Order/Opinion

476 F.Supp.3d 476

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17168599/smith-v-dewine/

Last updated Feb. 20, 2024, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT with JURY DEMAND against All Defendants ( Filing fee $ 400 paid - receipt number: 0648-7468158), filed by Travis Williams, Ashunte Smith, Christopher Martin, Kaiqin Wang. (Attachments: # 1 Civil Cover Sheet Cover Sheet, # 2 Summons Form Summons, # 3 Summons Form Summons) (Patituce, Joseph) (Entered: 05/15/2020)

1 Civil Cover Sheet Cover Sheet

View on PACER

2 Summons Form Summons

View on PACER

3 Summons Form Summons

View on PACER

May 15, 2020

May 15, 2020

RECAP
2

NOTICE OF NON-ISSUANCE OF SUMMONS. (daf) (Entered: 05/18/2020)

May 18, 2020

May 18, 2020

PACER
3

REQUEST for Issuance of Summons. (Patituce, Joseph) (Entered: 05/19/2020)

May 19, 2020

May 19, 2020

PACER
4

REQUEST for Issuance of Summons. (Patituce, Joseph) (Entered: 05/19/2020)

May 19, 2020

May 19, 2020

PACER
5

Notice by Clerk of Southern District of Ohio of Pro Hac Vice Rules as to Attorney Megan M. Patituce (daf) (Entered: 05/19/2020)

May 19, 2020

May 19, 2020

PACER
6

Summons Issued as to Annette Chambers-Smith, and Mike DeWine. (daf) (Entered: 05/20/2020)

May 20, 2020

May 20, 2020

PACER
7

CERTIFICATE of Mailing by Clerk. The Clerk of the United States District Court, Southern District of Ohio, mailed a copy of the Summons and Complaint via certified mail on May 29, 2020 to the following Defendants: Mike DeWine,Riffe Center, 30th floor, 77 South High Street, Columbus, Ohio 43215(7019 2970 0000 7294 2780) and Annette Chambers-Smith, ODRC,4545 Fisher Road, Ste D, Columbus, Ohio 43228(7019 2970 0000 7294 2773). (mdr) (Entered: 05/29/2020)

May 29, 2020

May 29, 2020

PACER
8

SUMMONS Returned Executed as to Defendant Mike DeWine. The Defendant was served on 6/3/2020, answer due 6/24/2020. (daf) (Entered: 06/09/2020)

June 8, 2020

June 8, 2020

PACER
9

SUMMONS Returned Executed as to Defendant Annette Chambers-Smith. The Defendant was served on 6/5/2020, answer due 6/26/2020. (daf) (Entered: 06/15/2020)

June 11, 2020

June 11, 2020

PACER
10

NOTICE of Appearance by Michael Allan Walton for Defendant Mike DeWine (Walton, Michael) (Entered: 06/16/2020)

June 16, 2020

June 16, 2020

PACER
11

NOTICE of Appearance by Zachary M. Holscher for Defendant Mike DeWine (Holscher, Zachary) (Entered: 06/16/2020)

June 16, 2020

June 16, 2020

PACER
12

NOTICE of Hearing: Pretrial Conference set for 7/16/2020 @ 1:45 PM before Magistrate Judge Kimberly A. Jolson. (jr) (Entered: 06/18/2020)

June 18, 2020

June 18, 2020

PACER
13

MOTION for Preliminary Injunction by Plaintiffs Christopher Martin, Ashunte Smith, Kaiqin Wang, Travis Williams. (Patituce, Joseph) (Entered: 06/19/2020)

June 19, 2020

June 19, 2020

RECAP
14

NOTICE of Appearance by Thomas E Madden for Defendant Annette Chambers-Smith (Madden, Thomas) (Entered: 06/22/2020)

June 22, 2020

June 22, 2020

PACER
15

NOTICE of Appearance by Megan Marie Patituce for Plaintiffs Christopher Martin, Ashunte Smith, Kaiqin Wang, Travis Williams (Patituce, Megan) (Entered: 06/22/2020)

June 22, 2020

June 22, 2020

PACER
16

NOTICE of Appearance by Tracy L Bradford for Defendant Annette Chambers-Smith (Bradford, Tracy) (Entered: 06/22/2020)

June 22, 2020

June 22, 2020

PACER
17

NOTICE of Hearing: Rule 65.1 Telephone Conference set for 6/23/2020 at 10:00 AM via Teleconference before Judge Edmund A. Sargus. (cmw) (Entered: 06/22/2020)

June 22, 2020

June 22, 2020

PACER
18

NOTICE of Appearance by Julie M Pfeiffer for Defendant Mike DeWine (Pfeiffer, Julie) (Entered: 06/23/2020)

June 23, 2020

June 23, 2020

PACER

NOTICE TERMINATING DEADLINES/HEARINGS

June 23, 2020

June 23, 2020

PACER
19

Minute Entry for proceedings held before Judge Edmund A. Sargus: Rule 65.1 Telephone Conference held on 6/23/2020. (Court Reporter: Darla Coulter) (cmw) (Entered: 06/23/2020)

June 23, 2020

June 23, 2020

PACER
20

ORDER - Defendants Motion to Dismiss and Response to Plaintiffs Motion for Preliminary Injunction ECF No. 13 shall be submitted in seven (7) days. Plaintiffs Reply shall be submitted seven (7) days after Defendants file their Motions to Dismiss and Responses. Signed by Judge Edmund A. Sargus on 6/23/2020. (cmw) (Entered: 06/23/2020)

June 23, 2020

June 23, 2020

PACER

NOTICE TERMINATING DEADLINES/HEARINGS - The Preliminary Pretrial Conference set for 7/16/20 is VACATED. (jr)

June 23, 2020

June 23, 2020

PACER

Status Conference

June 23, 2020

June 23, 2020

PACER

Notice Terminating Deadlines/Hearings

June 23, 2020

June 23, 2020

PACER
21

NOTICE of Appearance by Byron D. Turner for Defendant Annette Chambers-Smith (Turner, Byron) (Entered: 06/26/2020)

June 26, 2020

June 26, 2020

PACER
22

NOTICE of Appearance by Charles Allen Schneider for Defendant Annette Chambers-Smith (Schneider, Charles) (Entered: 06/26/2020)

June 26, 2020

June 26, 2020

PACER
23

MOTION to Dismiss by Defendant Annette Chambers-Smith. (Madden, Thomas) (Entered: 06/26/2020)

June 26, 2020

June 26, 2020

RECAP
24

MOTION for Extension of Time to File Response/Reply New date requested 7/6/2020. by Plaintiffs Christopher Martin, Ashunte Smith, Kaiqin Wang, Travis Williams. (Patituce, Joseph) (Entered: 06/26/2020)

June 26, 2020

June 26, 2020

RECAP
25

ORDER granting 24 Motion for Extension of Time to File Response/Reply. Plaintiffs shall file their response by July 6, 2020. Signed by Judge Edmund A. Sargus on 6/29/2020. (cmw) (Entered: 06/29/2020)

June 29, 2020

June 29, 2020

PACER
26

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, MOTION to Dismiss for Lack of Jurisdiction Defendant Ohio Governor Mike Dewines Combined Motion To Dismiss And Memorandum In Opposition To Plaintiffs Motion For Preliminary Injunction ( Responses due by 7/21/2020) by Defendant Mike DeWine. (Walton, Michael) (Entered: 06/30/2020)

June 30, 2020

June 30, 2020

PACER
27

RESPONSE in Opposition re 13 MOTION for Preliminary Injunction filed by Defendant Annette Chambers-Smith. (Attachments: # 1 Exhibit A Declaration of Director Chambers-Smith, # 2 Exhibit B Declaration of Asst. Chief Inspector Riehle, # 3 Exhibit C Declaration of Eller, RN, # 4 Exhibit D Declaration of Rossi Azmoun, # 5 Exhibit E Declaration of Audrie Bender, # 6 Exhibit F Declaration of Christine Borkosky, # 7 Exhibit G Declaration of Michell Dunkle, # 8 Exhibit H Declaration of Joanna Factor, # 9 Exhibit I Declaration of Katherine Hamilton) (Madden, Thomas) (Entered: 06/30/2020)

June 30, 2020

June 30, 2020

PACER
28

MOTION for Extension of Time New date requested 7/1/2020. to file attachments to Director Chambers-Smith's Declaration by Defendant Annette Chambers-Smith. (Madden, Thomas) (Entered: 07/01/2020)

July 1, 2020

July 1, 2020

PACER
29

ORDER granting 28 Motion for Extension of Time. Signed by Judge Edmund A. Sargus on 7/1/2020. (cmw) (Entered: 07/01/2020)

July 1, 2020

July 1, 2020

PACER
30

MOTION for Leave to File manually, on disc, attachments to Exhibit A - Director Chamber-Smith's Declaration (Doc. 27-1) by Defendant Annette Chambers-Smith. (Attachments: # 1 Text of Proposed Order proposed Order) (Madden, Thomas) (Entered: 07/01/2020)

July 1, 2020

July 1, 2020

PACER
31

Second MOTION for Extension of Time New date requested 7/21/2020. by Plaintiffs Christopher Martin, Ashunte Smith, Kaiqin Wang, Travis Williams. (Patituce, Joseph) (Entered: 07/02/2020)

July 2, 2020

July 2, 2020

RECAP

Remark

July 2, 2020

July 2, 2020

PACER
32

NOTATION ORDER - For good cause shown, Defendant Chambers-Smith's Motion for Leave to Manually File (Doc. 30 ) is GRANTED, and counsel is permitted file the documents described in the motion manually with the Clerk's Office. Signed by Magistrate Judge Kimberly A. Jolson on 7/2/20. (jr) (Entered: 07/02/2020)

July 2, 2020

July 2, 2020

PACER

***Clerk is in receipt of 4 disc concerning doc 27-1 from the Office of the Attorney General. (er)

July 2, 2020

July 2, 2020

PACER
33

MOTION for Leave to File and substitute Exhibit G with attachments by Defendant Annette Chambers-Smith. (Attachments: # 1 Exhibit G - Michelle Dunkle's Declaration with attachments, # 2 Text of Proposed Order) (Madden, Thomas) (Entered: 07/02/2020)

July 2, 2020

July 2, 2020

PACER

Order on Motion for Leave to File

July 2, 2020

July 2, 2020

PACER
34

ORDER Granting ECF No. 30 Plaintiffs Motion for Leave to File Attachments to Exhibits in Support of Its Response in Opposition. Signed by Judge Edmund A. Sargus on 7/6/2020. (cmw) (Entered: 07/06/2020)

July 6, 2020

July 6, 2020

PACER
35

ORDER granting 31 Plaintiffs Motion to Consolidate and Extend Filing Deadlines. Plaintiffs shall file their responses to the pending motions by July 14, 2020. Signed by Judge Edmund A. Sargus on 7/6/2020. (cmw) (Entered: 07/06/2020)

July 6, 2020

July 6, 2020

PACER
36

ORDER granting 33 Motion for Leave to File Attachments to Exhibit G in Support of Response in Opposition to Motion for Preliminary Injunction. Signed by Judge Edmund A. Sargus on 7/6/2020. (cmw) (Entered: 07/06/2020)

July 6, 2020

July 6, 2020

PACER
37

RESPONSE to Motion re 23 MOTION to Dismiss, 26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction Defendant Ohio Governor Mike Dewines Combined Motion To Dismiss And Memorandum In Opposition To Plaintiffs Motion For Preliminary Injunction filed by Plaintiffs Christopher Martin, Ashunte Smith, Kaiqin Wang, Travis Williams. (Attachments: # 1 Exhibit Declarations, # 2 Exhibit Reprieves, # 3 Exhibit Additional Documents, # 4 Affidavit McCort Affidavit, # 5 Affidavit Witchey Affidavit, # 6 Affidavit Corral Affidavit) (Patituce, Joseph) (Entered: 07/14/2020)

July 14, 2020

July 14, 2020

PACER
38

REPLY to Response to Motion re 26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction Defendant Ohio Governor Mike Dewines Combined Motion To Dismiss And Memorandum In Opposition To Plaintiffs Motion For Preliminary Injunction filed by Defendant Mike DeWine. (Walton, Michael) (Entered: 07/21/2020)

July 21, 2020

July 21, 2020

PACER
39

REPLY to Response to Motion re 23 MOTION to Dismiss filed by Defendant Annette Chambers-Smith. (Madden, Thomas) (Entered: 07/21/2020)

July 21, 2020

July 21, 2020

PACER
40

OPINION AND ORDER denying 13 Plaintiffs' Motion for Preliminary Injunction; granting in part and denying in part 23 Director's Motion to Dismiss and granting 26 The Governor's Motion to Dismiss. Governor Mike DeWine is terminated from this case. Signed by Judge Edmund A. Sargus on 8/3/2020. (cmw) (Entered: 08/03/2020)

Aug. 3, 2020

Aug. 3, 2020

RECAP
41

Unopposed MOTION for Extension of Time to File Answer re 1 Complaint, New date requested 8/24/2020. by Defendant Annette Chambers-Smith. (Madden, Thomas) (Entered: 08/14/2020)

Aug. 14, 2020

Aug. 14, 2020

PACER
42

NOTATION ORDER - Defendant Chambers-Smith's Unopposed Motion for Extension (Doc. 41 ) is GRANTED, and Defendant shall have until August 24, 2020, to respond to the Complaint. Signed by Magistrate Judge Kimberly A. Jolson on 8/17/20. (jr) (Entered: 08/17/2020)

Aug. 17, 2020

Aug. 17, 2020

PACER

Order on Motion for Extension of Time to Answer

Aug. 17, 2020

Aug. 17, 2020

PACER
43

Defendant Chambers-Smith's ANSWER to 1 Complaint, filed by Annette Chambers-Smith. (Madden, Thomas) (Entered: 08/24/2020)

Aug. 24, 2020

Aug. 24, 2020

PACER
44

NOTICE of Voluntary Dismissal by Plaintiffs Christopher Martin, Ashunte Smith, Kaiqin Wang, Travis Williams (Patituce, Joseph) (Entered: 11/13/2020)

Nov. 13, 2020

Nov. 13, 2020

PACER
45

NOTATION ORDER - The notice of dismissal (Doc. 44 ) does not comply with this Court's Local Rules. Plaintiffs shall file a proper stipulation of dismissal within fourteen (14) days of the date of this Order. Signed by Magistrate Judge Kimberly A. Jolson on 11/17/20. (jr) (Entered: 11/17/2020)

Nov. 17, 2020

Nov. 17, 2020

PACER

Order

Nov. 17, 2020

Nov. 17, 2020

PACER
46

NOTICE of Voluntary Dismissal by Plaintiffs Christopher Martin, Ashunte Smith, Kaiqin Wang, Travis Williams (Patituce, Joseph) (Entered: 11/30/2020)

Nov. 30, 2020

Nov. 30, 2020

PACER
47

RESPONSE re 46 NOTICE of Voluntary Dismissal filed by Defendant Annette Chambers-Smith. (Madden, Thomas) Modified on 12/3/2020 (jr). (Entered: 12/02/2020)

Dec. 2, 2020

Dec. 2, 2020

PACER

***Civil Case Terminated. (jr)

Dec. 2, 2020

Dec. 2, 2020

PACER
48

ORDER - This case is DISMISSED WITHOUT PREJUDICE. Signed by Judge Edmund A. Sargus on 12/3/2020. (cmw) (Entered: 12/03/2020)

Dec. 3, 2020

Dec. 3, 2020

PACER
49

CLERK'S JUDGMENT. Signed by Deputy Clerk on 12/3/2020. (cmw) (Entered: 12/03/2020)

Dec. 3, 2020

Dec. 3, 2020

PACER

Terminate Civil Case

Dec. 3, 2020

Dec. 3, 2020

PACER

Case Details

State / Territory: Ohio

Case Type(s):

Prison Conditions

Special Collection(s):

COVID-19 (novel coronavirus)

Multi-LexSum (in sample)

Key Dates

Filing Date: May 15, 2020

Closing Date: Dec. 3, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The plaintiffs are four individuals currently incarcerated in three different prisons operated by the Ohio Department of Rehabilitation and Correction ("ODRC"). The putative class consists of "all prisoners currently or who will in the future be in the custody of ODRC and housed in an ODRC prison during the COVID-19 pandemic."

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

Ohio Department of Rehabilitation and Correction, State

Defendant Type(s):

Jurisdiction-wide

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Declaratory Judgment Act, 28 U.S.C. § 2201

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief denied

Issues

Reproductive rights:

Fetus Identity

General:

Access to lawyers or judicial system

Conditions of confinement

Food service / nutrition / hydration

Sanitation / living conditions

Jails, Prisons, Detention Centers, and Other Institutions:

Crowding / caseload

Medical/Mental Health:

Medical care, general

COVID-19:

Mitigation Denied

Mitigation Requested

Release Denied

Release Requested

Type of Facility:

Government-run