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Case Name D.D. v. Washington County JI-OH-0008
Docket / Court 2:10-cv-01097 ( S.D. Ohio )
State/Territory Ohio
Case Type(s) Disability Rights-Pub. Accom.
Juvenile Institution
Case Summary
On December 6, 2010, juvenile inmates housed at the Washington County Juvenile Center (WCJC), filed a class action suit in the District Court for the Southern District of Ohio. In their complaint, the plaintiffs alleged that while at the center they had endured abusive conditions of confinement, ... read more >
On December 6, 2010, juvenile inmates housed at the Washington County Juvenile Center (WCJC), filed a class action suit in the District Court for the Southern District of Ohio. In their complaint, the plaintiffs alleged that while at the center they had endured abusive conditions of confinement, including a lack of education and programming, denial of medication, lack of privacy, lack of exercise and lack of mental health care. The plaintiffs alleged that the defendants' actions were deliberately indifferent to the plaintiffs' constitutional rights and were a substantial departure from the accepted professional judgment, practices, and standards.

The plaintiffs brought this action for violation of 42 U.S.C. § 1983, violation of Title II of the Americans with Disabilities Act (42 U.S.C. § 12132), violation of Section 504 of the Rehabilitation Act (29 U.S.C. § 794), violation of the Ohio Civil Rights Act (Ohio Revised Code § 4112.99), violation of Ohio Revised Code § 2933.32, assault and battery, intentional infliction of emotional distress, negligent infliction of emotional distress, negligent retention and supervision, and medical malpractice. Represented by private counsel, the plaintiffs sought declaratory and injunctive relief barring the continued implementation of these policies and ensuring that the Center meet minimum constitutional standards in the treatment and confinement of current and future juvenile detainees housed in the Center, as well as compensatory and punitive damages.

On March 3, 2011 the Judge Edmund A. Sargus, Jr. issued an order certifying the plaintiff class pursuant to Rule 23(b)(2) and (b)(3) of the Federal Rules of Civil Procedure. The class was defined as "all persons under twenty-two years of age as of the date on which this lawsuit is filed (and others for whom the statute of limitations is legally tolled) who have been, are now, or in the future, held in custody at the Washington County, Ohio Juvenile Center." Named plaintiffs K.M., D.D., N.B., B.M., C.M., W.G., J.L., and J.R. were appointed as class representatives.

On June 28, 2011 the parties met for a settlement conference before Magistrate Judge Terrence P. Kemp. Negotiations continued for several months. As part of the settlement process, the defendants filed an unopposed motion to decertify part of the class, restricting the class to all persons under twenty of years of age. This motion was ordered by Judge Edmund A. Sargus, Jr. on October 17, 2011.

On November 22, 2011, the Court granted an order approving the class action settlement and claims process. The class action settlement and consent decree provided, amongst other provisions, that WCJC would appoint a physician to serve as medical director of the facility, that the WCJC would continue to train staff and hired medical professionals to identify mental health concerns, including youth at risk for suicide, and that the WCJC would continue behavioral treatment and rehabilitations programs. The agreement appointed Mr. Steve Martin as a monitor of the agreement. The agreement further stipulated that a one year period was required to implement the terms of the agreement, and that a six month extension may be acceptable. Finally, the agreement settled the claims for damages of the named plaintiffs.

In the subsequent years, the defendants implemented the terms of the agreement pursuant to supervision by the appointed monitor. On October 9, 2014, the Court granted an order terminating the consent decree and closing the case.

David Priddy - 08/04/2011
Maria Ricaurte - 03/27/2016


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Content of Injunction
Hire
Training
Discrimination-basis
Disability (inc. reasonable accommodations)
General
Assault/abuse by staff
Disciplinary procedures
Education
Food service / nutrition / hydration
Over/Unlawful Detention
Recreation / Exercise
Religious programs / policies
Sanitation / living conditions
Special education
Strip search policy
Medical/Mental Health
Medical care, general
Mental health care, general
Plaintiff Type
City/County 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) Washington County, Ohio
Plaintiff Description All persons under twenty years of age who have been, are now, or are in the future, held at the Washington County, Ohio Juvenile Center
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Yes
Prevailing Party None Yet / None
Public Int. Lawyer No
Nature of Relief Declaratory Judgment
Damages
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2011 - 2014
Case Closing Year 2014
Case Ongoing No
Docket(s)
2:10-cv-01097 (S.D. Ohio) 03/27/2016
JI-OH-0008-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Class Action Complaint for Injunctive Relief and Damages with Jury Demand 12/06/2010
JI-OH-0008-0001.pdf | Detail
Order Certifying Class 03/03/2011 (2010 WL 830761) (S.D. Ohio)
JI-OH-0008-0002.pdf | WESTLAW | Detail
Document Source: Westlaw
Press Release 10/11/2011
JI-OH-0008-0004.pdf | Detail
Order 10/17/2011 (S.D. Ohio)
JI-OH-0008-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 10/17/2011 (S.D. Ohio)
JI-OH-0008-0006.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Approving Class Action Settlement and Claims Process 11/22/2011 (S.D. Ohio)
JI-OH-0008-0007.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Class Action Consent Decree 11/22/2011
JI-OH-0008-0008.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Kemp, Terence Peter (S.D. Ohio) [Magistrate]
JI-OH-0008-9000
Sargus, Edmund A. Jr. (S.D. Ohio)
JI-OH-0008-0002 | JI-OH-0008-0005 | JI-OH-0008-0006 | JI-OH-0008-0007 | JI-OH-0008-0008 | JI-OH-0008-9000
Monitors/Masters Meyers, Karen D (Ohio)
JI-OH-0008-9000
Plaintiff's Lawyers Branch, Jennifer L. (Ohio)
JI-OH-0008-0001 | JI-OH-0008-0004 | JI-OH-0008-0008 | JI-OH-0008-9000
Gerhardstein, Alphonse A. (Ohio)
JI-OH-0008-0001 | JI-OH-0008-0004 | JI-OH-0008-0008 | JI-OH-0008-9000
Kayser, Kane Paul (Ohio)
JI-OH-0008-9000
Defendant's Lawyers Goldwasser, Brian David (Ohio)
JI-OH-0008-9000
Hass, Cheri B. (Ohio)
JI-OH-0008-0008 | JI-OH-0008-9000
Riley, Kimberly Vanouver (Ohio)
JI-OH-0008-0008 | JI-OH-0008-9000
Zaring, Lisa M. (Ohio)
JI-OH-0008-9000
Other Lawyers None on record

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