Case: Wharton v. Danberg

1:12-cv-01240 | U.S. District Court for the District of Delaware

Filed Date: Oct. 1, 2012

Clearinghouse coding complete

Case Summary

On October 1, 2012, four detained former Delaware prisoners, represented by private counsel, filed this lawsuit against Commissioner of the Delaware Department of Corrections (DDOC) and two directors of Central Offender Records (COR). They alleged that the defendants' failure to take steps to correct the allegedly well known and long-term (since at least 2008) dysfunction of COR constituted a violation of the Fourth, Fifth, and Eighth Amendments. Specifically, the plaintiffs claimed that DDOC a…

On October 1, 2012, four detained former Delaware prisoners, represented by private counsel, filed this lawsuit against Commissioner of the Delaware Department of Corrections (DDOC) and two directors of Central Offender Records (COR). They alleged that the defendants' failure to take steps to correct the allegedly well known and long-term (since at least 2008) dysfunction of COR constituted a violation of the Fourth, Fifth, and Eighth Amendments. Specifically, the plaintiffs claimed that DDOC and COR maintained inadequate staff, training, discipline policies, and hours of operation, along with a host of other policies, that led to frequent overdetention, ranging from 12 hours to days, weeks, months, and possibly even years past court-ordered release. The plaintiffs filed in the U.S. District Court for the District of Delaware under 42 U.S.C. § 1983, individually and as a class, on behalf of all those incarcerated in a DDOC facility as of October 1, 2008 or later who were not or would not be released within 12 hours of the expiration of their sentence or the forwarding of a court order for release. The plaintiffs sought declaratory relief, preliminary and permanent injunctions to prevent the defendants from pursing practices that caused overdetention, damages, appointment of a monitor to supervise COR, and attorneys’ fees and cost.

On December 4, 2012, an additional DDOC prisoner filed pro se to intervene in the case. He claimed that errors in the calculation of his date of imprisonment and his good time could lead to 8 years or more of overdetention. Additionally, on August 15, 2013, the prisoner filed a motion for partial summary judgment to adjust his date of imprisonment and good time credit.

The case was referred to Magistrate Judge Christopher J. Burke for mediation on January 24, 2013.

While the intervenor's motions were still pending, the plaintiffs filed a motion to amend the complaint on June 2, 2014. The plaintiffs sought to add further factual support and examples of overdetained inmates.

On September 29, 2014, Judge Leonard P. Stark denied the DDOC’s prisoner’s motions to intervene and for partial summary judgment because the prisoner failed to show how his interests would not be adequately represented as a member of the class. 2014 WL 4925227. At the same time, Judge Stark granted the plaintiffs’ motion to amend the complaint.

On October 3, 2014, the plaintiffs filed a motion to certify the class and the defendants filed a motion to strike certain members of the class. The defendants then filed a motion for summary judgment a few months later in March 2015.

Judge Stark denied class certification, denied the motion to strike certain members of the class as moot, and granted summary judgment to the defendants on September 30, 2015. 2015 WL 5768936. Judge Stark denied class certification to the plaintiffs because some members of the proposed class were overdetained due to delays in the court system while others were detained due to delays at COR. Judge Stark granted summary judgment to the defendants because the plaintiffs failed to produce evidence that the defendants were deliberately indifferent to the overdetention problem and found no causal connection between actions or policies by the defendants and the harm suffered by the plaintiffs.

Subsequently, the plaintiffs filed a motion to alter or amend the judgment on October 28, 2014. Judge Stark denied the motion on March 21, 2016 because the plaintiffs’ motion seemed like an attempt to rehash arguments already made at summary judgment without any new evidence. 2016 WL 1089408.

On April 19, 2016, the plaintiffs appealed the denial of class certification, granting of summary judgment to the defendants, and denial of the motion to alter or amend the judgment to the Third Circuit. On April 19, 2017, the court of appeals affirmed Judge Stark’s decision to grant summary judgment because the plaintiffs failed to establish deliberate indifference to the overdetention. (Circuit Judges Kent A. Jordan, Joseph A. Greenaway Jr., and Marjorie O. Rendell). 854 F.3d 234. Having affirmed the grant of summary judgment, the appeals court did not reach the other issues. This case is now closed.

Summary Authors

Kenneth Gray (7/8/2013)

Emily Kempa (3/20/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5057985/parties/wharton-v-danberg/


Judge(s)
Attorney for Plaintiff

Grady, John S. (Delaware)

Hampton, Stephen A. (Delaware)

Attorney for Defendant

Fortune, Katisha D. (Delaware)

McTaggart, Michael F. (Delaware)

Niedzielski, Marc P. (Delaware)

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Documents in the Clearinghouse

Document

1:12-cv-01240

Docket

May 11, 2017

May 11, 2017

Docket
1

1:12-cv-01240

Complaint (Class Action)

Oct. 1, 2012

Oct. 1, 2012

Complaint
49

1:12-cv-01240

Amended Complaint

U.S. Court of Appeals for the Third Circuit

June 2, 2014

June 2, 2014

Complaint
56

1:12-cv-01240

Memorandum Order

Sept. 29, 2014

Sept. 29, 2014

Order/Opinion

2014 WL 2014

90

1:12-cv-01240

Memorandum Opinion

Sept. 30, 2015

Sept. 30, 2015

Order/Opinion

2015 WL 2015

98

1:12-cv-01240

Memorandum Order

March 21, 2016

March 21, 2016

Order/Opinion

2016 WL 2016

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5057985/wharton-v-danberg/

Last updated April 12, 2024, 3:20 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed with Jury Demand against Carl C. Danberg, Cathy Escherich, Rebecca McBride − Magistrate Consent Notice to Pltf. ( Filing fee $ 350, receipt number 0311−1148445.) − filed by Philip A. Wharton, Joseph Roundtree, James Maddox, Lamar Correa. (Attachments: # 1 Civil Cover Sheet)(eam) (Entered: 10/02/2012)

Oct. 1, 2012

Oct. 1, 2012

2

Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction (eam) (Entered: 10/02/2012)

Oct. 1, 2012

Oct. 1, 2012

No Summons Issued (eam) (Entered: 10/02/2012)

Oct. 2, 2012

Oct. 2, 2012

Case Assigned to Judge Leonard P. Stark. Please include the initials of the Judge (LPS) after the case number on all documents filed. (rjb) (Entered: 10/10/2012)

Oct. 10, 2012

Oct. 10, 2012

Summons Issued with Magistrate Consent Notice attached as to Carl C. Danberg on 10/23/2012; Cathy Escherich on 10/23/2012; Rebecca McBride on 10/23/2012. (rwc) (Entered: 10/23/2012)

Oct. 23, 2012

Oct. 23, 2012

3

SUMMONS Returned Executed by Philip A. Wharton. Carl C. Danberg served on 11/1/2012, answer due 11/26/2012. (Hampton, Stephen) (Entered: 11/14/2012)

Nov. 14, 2012

Nov. 14, 2012

4

SUMMONS Returned Executed by Philip A. Wharton. Cathy Escherich served on 11/3/2012, answer due 11/26/2012. (Hampton, Stephen) (Entered: 11/14/2012)

Nov. 14, 2012

Nov. 14, 2012

5

SUMMONS Returned Executed by Philip A. Wharton. Rebecca McBride served on 11/1/2012, answer due 11/26/2012. (Hampton, Stephen) (Entered: 11/14/2012)

Nov. 14, 2012

Nov. 14, 2012

6

ANSWER to 1 Complaint, by Carl C. Danberg, Cathy Escherich, Rebecca McBride.(Niedzielski, Marc) (Entered: 11/20/2012)

Nov. 20, 2012

Nov. 20, 2012

7

MOTION for Pro Hac Vice Appearance of Attorney William Claiborne − filed by Philip A. Wharton. (Hampton, Stephen) (Entered: 11/27/2012)

Nov. 27, 2012

Nov. 27, 2012

SO ORDERED, re 7 MOTION for Pro Hac Vice Appearance of Attorney William Claiborne filed by Philip A. Wharton. Signed by Judge Leonard P. Stark on 11/28/12. (ntl) (Entered: 11/28/2012)

Nov. 28, 2012

Nov. 28, 2012

8

MOTION to Intervene − filed by Joseph M. Walls. (dzb, ) (Entered: 12/04/2012)

Dec. 4, 2012

Dec. 4, 2012

9

ORAL ORDER: IT IS HEREBY ORDERED that the parties shall confer regarding proposed dates in the scheduling order and shall submit a proposal to the Court no later than January 4, 2013. The parties are to review the Court's form scheduling order, which is posted at http://www.ded.uscourts.gov (see Chambers, Judge Stark, Forms). ORDERED by Judge Leonard P. Stark on 12/14/12.(ntl) (Entered: 12/14/2012)

Dec. 14, 2012

Dec. 14, 2012

10

MOTION for Extension of Time to File Response/Reply as to 8 MOTION to Intervene − filed by Philip A. Wharton. (Hampton, Stephen) (Entered: 12/20/2012)

Dec. 20, 2012

Dec. 20, 2012

11

PROPOSED ORDER Grant Plaintiffs' Motion for an Enlargement of Time to File their Response to the Motion to Intervene re 10 MOTION for Extension of Time to File Response/Reply as to 8 MOTION to Intervene by Philip A. Wharton. (Hampton, Stephen) (Entered: 12/20/2012)

Dec. 20, 2012

Dec. 20, 2012

12

CERTIFICATE OF SERVICE of Plaintiffs' Motion for an Enlargement of Time to File their Response to the Motion to Intervene by Philip A. Wharton re 10 MOTION for Extension of Time to File Response/Reply as to 8 MOTION to Intervene (Hampton, Stephen) (Entered: 12/20/2012)

Dec. 20, 2012

Dec. 20, 2012

13

Letter to The Honorable Leonard P. Stark from Deputy Attorney General Marc P. Niedzielski regarding plaintiff's motion for extension of time. (Niedzielski, Marc)

Dec. 21, 2012

Dec. 21, 2012

14

ORAL ORDER by Judge Leonard P. Stark: Pursuant to Defendants' letter of December 21, 2012 (D.I. 13 ), IT IS HEREBY ORDERED that Defendants' response to the Motion to Intervene (D.I. 8 ) is due on or before January 23, 2013.(rpg) (Entered: 12/27/2012)

Dec. 27, 2012

Dec. 27, 2012

15

NOTICE of Appearance by Michael F. McTaggart on behalf of Carl C. Danberg, Cathy Escherich, Rebecca McBride (McTaggart, Michael) (Entered: 01/04/2013)

Jan. 4, 2013

Jan. 4, 2013

16

NOTICE of Appearance by Katisha D. Fortune on behalf of Carl C. Danberg, Cathy Escherich, Rebecca McBride (Fortune, Katisha) (Entered: 01/04/2013)

Jan. 4, 2013

Jan. 4, 2013

17

PROPOSED ORDER Scheduling by Philip A. Wharton. (Hampton, Stephen) (Entered: 01/04/2013)

Jan. 4, 2013

Jan. 4, 2013

18

NOTICE of Appearance by Dennis Spivack on behalf of Carl C. Danberg, Cathy Escherich, Rebecca McBride (Spivack, Dennis) (Entered: 01/10/2013)

Jan. 10, 2013

Jan. 10, 2013

19

RESPONSE to Motion re 8 MOTION to Intervene filed by Carl C. Danberg, Cathy Escherich, Rebecca McBride. (Fortune, Katisha) (Entered: 01/16/2013)

Jan. 16, 2013

Jan. 16, 2013

20

RESPONSE to Motion re 8 MOTION to Intervene filed by Philip A. Wharton. (Attachments: # 1 Certificate of Service)(Hampton, Stephen) (Entered: 01/18/2013)

Jan. 18, 2013

Jan. 18, 2013

21

SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Joinder of Parties due by 12/1/2013. Amended Pleadings due by 12/1/2013. Discovery due by 8/1/2014. Status Report due by 5/20/2013. Dispositive Motions due by 2/10/2014. Signed by Judge Leonard P. Stark on 1/24/13. (ntl) (Entered: 01/24/2013)

Jan. 24, 2013

Jan. 24, 2013

CASE REFERRED to Magistrate Judge Christopher J. Burke for Mediation. (dlk) (Entered: 01/30/2013)

Jan. 24, 2013

Jan. 24, 2013

22

REPLY BRIEF − re 8 MOTION to Intervene filed by Joseph M. Walls. (mdb) (Entered: 02/07/2013)

Feb. 7, 2013

Feb. 7, 2013

23

NOTICE OF SERVICE of Plaintiff's 1st Set of Interrogatories Directed to Defendants, and Plaintiff's 1st Request for Production Directed to Defendants by Philip A. Wharton.(Hampton, Stephen) (Entered: 02/07/2013)

Feb. 7, 2013

Feb. 7, 2013

24

ORDER Setting Teleconference: A Telephone Conference is set for 3/18/2013 at 10:45 AM before Judge Christopher J. Burke to discuss ADR. Signed by Judge Christopher J. Burke on 2/15/2013. (dlk) (Entered: 02/15/2013)

Feb. 15, 2013

Feb. 15, 2013

25

NOTICE OF SERVICE of State Defendants' First Set of Interrogatories and State Defendants' First Request for Production by Carl C. Danberg, Cathy Escherich, Rebecca McBride.(Niedzielski, Marc) (Entered: 03/05/2013)

March 5, 2013

March 5, 2013

26

NOTICE of Withdrawal of Appearance by Philip A. Wharton (Hampton, Stephen) (Entered: 03/08/2013)

March 8, 2013

March 8, 2013

27

ORDER Setting Teleconference: A Telephone Conference is set for 9/23/2013 at 11:00 AM before Judge Christopher J. Burke. Signed by Judge Christopher J. Burke on 3/27/2013. (dlk) (Entered: 03/27/2013)

March 27, 2013

March 27, 2013

28

Addendum to Reply Brief 22 − filed by Joseph M. Walls. Re 8 MOTION to Intervene. (cla, ) (Entered: 04/09/2013)

April 9, 2013

April 9, 2013

29

NOTICE OF SERVICE of Plaintiffs' Responses to Defendants' 1st Request for Production by Philip A. Wharton.(Hampton, Stephen) (Entered: 04/22/2013)

April 22, 2013

April 22, 2013

30

NOTICE of Withdrawal of Counsel Katisha D. Fortune by Carl C. Danberg, Cathy Escherich, Rebecca McBride (Niedzielski, Marc) (Entered: 04/30/2013)

April 30, 2013

April 30, 2013

SO ORDERED, re 31 STIPULATION AND ORDER AS TO CONFIDENTIALITY. Signed by Judge Leonard P. Stark on 5/9/13. (ntl) (Entered: 05/09/2013)

May 9, 2013

May 9, 2013

32

NOTICE OF SERVICE of Defendants' Response to 1st Set of Interrogatories and Defendants' Responses to Plaintiffs' first Request for Production re 23 Notice of Service by Carl C. Danberg, Cathy Escherich, Rebecca McBride. Related document: 23 Notice of Service filed by Philip A. Wharton.(Niedzielski, Marc) (Entered: 05/10/2013)

May 10, 2013

May 10, 2013

33

Interim STATUS REPORT by Philip A. Wharton. (Hampton, Stephen) (Entered: 05/20/2013)

May 20, 2013

May 20, 2013

34

NOTICE OF SERVICE of Defendants' First Supplemental Response to Question 3 of Plaintiffs' First Set of Request for Production of Documents (Bates Numbered Guinn 1 − 1619 and King 1 − 900) re 23 Notice of Service, 32 Notice of Service, by Carl C. Danberg, Cathy Escherich, Rebecca McBride. Related document: 23 Notice of Service filed by Philip A. Wharton, 32 Notice of Service, filed by Cathy Escherich, Rebecca McBride, Carl C. Danberg.(Niedzielski, Marc) (Entered: 07/12/2013)

July 12, 2013

July 12, 2013

35

NOTICE OF SERVICE of Defendants' Second Supplemental Response to Question 3 of Plaintiffs' First Set of Request for Production of Documents re 23 Notice of Service, 34 Notice of Service, 32 Notice of Service, by Carl C. Danberg, Cathy Escherich, Rebecca McBride. Related document: 23 Notice of Service filed by Philip A. Wharton, 34 Notice of Service, filed by Cathy Escherich, Rebecca McBride, Carl C. Danberg, 32 Notice of Service, filed by Cathy Escherich, Rebecca McBride, Carl C. Danberg.(Niedzielski, Marc) (Entered: 07/26/2013)

July 26, 2013

July 26, 2013

36

MOTION for Partial Summary Judgment − filed by Joseph M. Walls. (Attachments: # 1 Cover Letter)(cla, ) (Entered: 08/15/2013)

Aug. 15, 2013

Aug. 15, 2013

37

PROPOSED ORDER Amend Scheduling order by Philip A. Wharton. (Attachments: # 1 Certificate of Service)(Hampton, Stephen) (Entered: 08/27/2013)

Aug. 27, 2013

Aug. 27, 2013

38

NOTICE OF SERVICE of Defendants' Third Supplemental Response to Question 3 of Plaintiffs' First Set of Request of Production of Documents re 23 Notice of Service by Carl C. Danberg, Cathy Escherich, Rebecca McBride. Related document: 23 Notice of Service filed by Philip A. Wharton.(Niedzielski, Marc) (Entered: 08/27/2013)

Aug. 27, 2013

Aug. 27, 2013

SO ORDERED, re 37 STIPULATED AMENDED SCHEDULING ORDER −− Discovery due by 2/3/2014, Dispositive Motions due by 8/11/2014. Signed by Judge Leonard P. Stark on 8/28/13. (ntl) (Entered: 08/28/2013)

Aug. 28, 2013

Aug. 28, 2013

39

RESPONSE to Motion re 36 MOTION for Partial Summary Judgment filed by Philip A. Wharton. (Attachments: # 1 Certificate of Service)(Hampton, Stephen) (Entered: 08/28/2013)

Aug. 28, 2013

Aug. 28, 2013

40

RESPONSE to Motion re 36 MOTION for Partial Summary Judgment filed by Carl C. Danberg, Cathy Escherich, Rebecca McBride. (Niedzielski, Marc) (Entered: 09/09/2013)

Sept. 9, 2013

Sept. 9, 2013

ORAL ORDER: The Telephone Conference set for 9/23/2013 at 11:00 AM before Judge Christopher J. Burke has been cancelled and will be rescheduled for a date to be determined. Ordered by Judge Christopher J. Burke on 9/20/2013. (dlk) (Entered: 09/20/2013)

Sept. 20, 2013

Sept. 20, 2013

41

NOTICE OF SERVICE of Defendants' Foruth Supplemental Response to Question 3 of Plaintiffs' First Set of Request for Production of Documents (Bates Numbered Hendricks 1−70 and Page 1−31) re 23 Notice of Service, 32 Notice of Service, by Carl C. Danberg, Cathy Escherich, Rebecca McBride. Related document: 23 Notice of Service filed by Philip A. Wharton, 32 Notice of Service, filed by Cathy Escherich, Rebecca McBride, Carl C. Danberg.(Niedzielski, Marc) (Entered: 10/17/2013)

Oct. 17, 2013

Oct. 17, 2013

42

MOTION for Marc P. Niedzielski to Withdraw as Attorney − filed by Carl C. Danberg, Cathy Escherich, Rebecca McBride. (Niedzielski, Marc) (Entered: 12/27/2013)

Dec. 27, 2013

Dec. 27, 2013

44

NOTICE of Substitution of Counsel by Philip A. Wharton (Hampton, Stephen) (Entered: 01/29/2014)

Jan. 29, 2014

Jan. 29, 2014

SO ORDERED, re 43 Second Stipulated Amended Scheduling Order −− Amended Pleadings due by 1/2/2015. Discovery due by 9/3/2014. Joinder of Parties due by 1/2/2015. Dispositive Motions due by 3/11/2015. Signed by Judge Leonard P. Stark on 2/3/14. (ntl) (Entered: 02/03/2014)

Feb. 3, 2014

Feb. 3, 2014

45

ORDER Setting Teleconference: A Telephone Conference is set for 3/17/2014 at 10:00 AM before Judge Christopher J. Burke. Signed by Judge Christopher J. Burke on 3/5/214. (dlk) Modified on 3/6/2014 (dlk). (Entered: 03/06/2014)

March 6, 2014

March 6, 2014

CORRECTING ENTRY: The entry made at D.I. 45 has been corrected to reflect the time for the T/C is 10:00 a.m. not 10:15 a.m. (dlk) (Entered: 03/06/2014)

March 6, 2014

March 6, 2014

46

NOTICE of Appearance by Scott W. Perkins on behalf of Carl C. Danberg, Cathy Escherich, Rebecca McBride (Perkins, Scott) (Entered: 03/14/2014)

March 14, 2014

March 14, 2014

CORRECTING ENTRY: D.I. 47 deleted as duplicative of D.I. 46. (ntl) (Entered: 03/14/2014)

March 14, 2014

March 14, 2014

47

ORDER Setting Teleconference: A Telephone Conference is set for 6/2/2014 at 10:00 AM before Judge Christopher J. Burke. Signed by Judge Christopher J. Burke on 3/19/2014. (dlk) (Entered: 03/19/2014)

March 19, 2014

March 19, 2014

48

NOTICE OF SERVICE of Defendants' Fifth Supplemental Response to Question 3 of Plaintiffs' First Set of Request for Production of Documents re 23 Notice of Service filed by Carl C. Danberg, Cathy Escherich, Rebecca McBride.(McTaggart, Michael) (Entered: 05/28/2014)

May 28, 2014

May 28, 2014

49

MOTION to Amend/Correct Complaint − filed by Philip A. Wharton. (Attachments: # 1 Affidavit, # 2 Certificate of Service, # 3 Exhibit Amended complaint)(Hampton, Stephen) (Entered: 06/02/2014)

June 2, 2014

June 2, 2014

50

NOTICE to Take Deposition of Rebecca McBride on 9/3/14 filed by Philip A. Wharton.(Hampton, Stephen) (Entered: 08/18/2014)

Aug. 18, 2014

Aug. 18, 2014

51

NOTICE to Take Deposition of Kim Wheatley on 9/3/14 filed by Philip A. Wharton.(Hampton, Stephen) (Entered: 08/18/2014)

Aug. 18, 2014

Aug. 18, 2014

52

NOTICE OF SERVICE of State Defendants' Second Set of Interrogatories and State Defendants' Second Request for Production Directed to Plaintiffs filed by Carl C. Danberg, Cathy Escherich, Rebecca McBride.(Perkins, Scott) (Entered: 08/25/2014)

Aug. 25, 2014

Aug. 25, 2014

53

OBJECTIONS by Rebecca McBride to 50 Notice to Take Deposition . (Perkins, Scott) (Entered: 08/25/2014)

Aug. 25, 2014

Aug. 25, 2014

54

OBJECTIONS by kimberly wheatley to 51 Notice to Take Deposition . (Perkins, Scott) (Entered: 08/25/2014)

Aug. 25, 2014

Aug. 25, 2014

55

NOTICE OF SERVICE of Plaintiffs' 2nd Request for Production Directed at Defendant filed by Philip A. Wharton.(Hampton, Stephen) (Entered: 09/03/2014)

Sept. 3, 2014

Sept. 3, 2014

56

MEMORANDUM ORDER re 36 MOTION for Partial Summary Judgment filed by Joseph M. Walls is DENIED; 8 MOTION to Intervene filed by Joseph M. Walls is DENIED; 49 MOTION for Leave to Amend filed by Philip A. Wharton is GRANTED. Signed by Judge Leonard P. Stark on 9/29/14. (ntl)

Sept. 29, 2014

Sept. 29, 2014

RECAP
57

NOTICE OF SERVICE of Defendants' Response to Plaintiff's Second Request for Production filed by Carl C. Danberg, Cathy Escherich, Rebecca McBride.(McTaggart, Michael) (Entered: 10/01/2014)

Oct. 1, 2014

Oct. 1, 2014

58

MOTION to Certify Class − filed by Philip A. Wharton. (Attachments: # 1 Proposed order, # 2 Notice of Class Action)(Hampton, Stephen) (Entered: 10/03/2014)

Oct. 3, 2014

Oct. 3, 2014

59

MOTION to Strike Certain Members of the Purported Class − filed by Carl C. Danberg, Cathy Escherich, Rebecca McBride. (Attachments: # 1 Certificate of

Oct. 3, 2014

Oct. 3, 2014

61

[SEALED] OPENING BRIEF in Support re 58 MOTION to Certify Class filed by Philip A. Wharton.Answering Brief/Response due date per Local Rules is 10/20/2014. (Attachments: # 1 Appendix, # 2 Appendix, # 3 Appendix, # 4 Appendix, # 5 Appendix, # 6 Appendix, # 7 Appendix, # 8 Appendix, # 9 Appendix, # 10 Appendix, # 11 Appendix)(Hampton, Stephen) (Entered: 10/03/2014)

Oct. 3, 2014

Oct. 3, 2014

62

REDACTED VERSION of 60 Exhibit to a Document, Exhibit A to The Defendants' Motion to Strike Certain Members of the Purported Class by Carl C. Danberg, Cathy Escherich, Rebecca McBride. (Perkins, Scott) (Entered: 10/06/2014)

Oct. 6, 2014

Oct. 6, 2014

63

Joint STATUS REPORT by Philip A. Wharton. (Hampton, Stephen) (Entered: 10/06/2014)

Oct. 6, 2014

Oct. 6, 2014

64

[SEALED] AMENDED DOCUMENT by Philip A. Wharton. Amended Complaint . (Attachments: # 1 certificate of service)(Hampton, Stephen) (Entered: 10/07/2014)

Oct. 7, 2014

Oct. 7, 2014

65

NOTICE OF SERVICE of Plaintiffs Answers to State Defendants' Second Set of Interrogatories and Plaintiffs' Responses to State Defendants' Second Request for Production filed by Lamar Correa, James Maddox, Joseph Roundtree, Philip A. Wharton.(Hampton, Stephen) (Entered: 10/09/2014)

Oct. 9, 2014

Oct. 9, 2014

66

REDACTED VERSION Plaintiffs' Opening Brief in Support of their Motion for Class Certification by Lamar Correa, James Maddox, Joseph Roundtree, Philip A. Wharton. (Attachments: # 1 Appendix, # 2 Appendix)(Hampton, Stephen) (Entered: 10/09/2014)

Oct. 9, 2014

Oct. 9, 2014

67

STIPULATION Regarding Briefing Schedule for Plaintiffs' Motion for Class Certification and Defendants' Motion to To Strike Certain Members of the Purported Class re 59 MOTION to Strike Certain Members of the Purported Class , 58 MOTION to Certify Class by Carl C. Danberg, Cathy Escherich, Rebecca McBride. (Perkins, Scott) (Entered: 10/15/2014)

Oct. 15, 2014

Oct. 15, 2014

SO ORDERED, re 67 Stipulation Regarding Briefing Schedule for motion for class certification and motion to strike certain members of the purported class. Signed by Judge Leonard P. Stark on 10/16/14. (ntl) (Entered: 10/16/2014)

Oct. 16, 2014

Oct. 16, 2014

68

[SEALED] ANSWERING BRIEF in Opposition re 58 MOTION to Certify Class filed by Carl C. Danberg, Cathy Escherich, Rebecca McBride.Reply Brief due date per Local Rules is 11/6/2014. (Perkins, Scott) (Entered: 10/27/2014)

Oct. 27, 2014

Oct. 27, 2014

69

[SEALED] RESPONSE to Motion re 59 MOTION to Strike Certain Members of the Purported Class filed by Lamar Correa, James Maddox, Joseph Roundtree, Philip A. Wharton. (Attachments: # 1 Exhibit Exhibit 1, # 2 Certificate of Service)(Hampton, Stephen) (Entered: 10/27/2014)

Oct. 27, 2014

Oct. 27, 2014

70

REDACTED VERSION of 68 Answering Brief in Opposition to Plaintiffs' Motion for Class Certification by Carl C. Danberg, Cathy Escherich, Rebecca McBride. (Perkins, Scott) (Entered: 10/29/2014)

Oct. 29, 2014

Oct. 29, 2014

CORRECTING ENTRY: D.I. 71 and D.I. 72 were removed from the docket (filed in error). Counsel is advised to re−file the document as a Stipulation. (ntl) (Entered: 11/07/2014)

Nov. 7, 2014

Nov. 7, 2014

71

REPLY BRIEF re 58 MOTION to Certify Class filed by Philip A. Wharton. (Hampton, Stephen) (Entered: 11/13/2014)

Nov. 13, 2014

Nov. 13, 2014

72

NOTICE requesting Clerk to remove Dennis Spivack as co−counsel. Reason for request: Mr. Spivack is no longer associated with the Delaware Department of Justice. (McTaggart, Michael) (Entered: 02/09/2015)

Feb. 9, 2015

Feb. 9, 2015

73

NOTICE of Withdrawal of Appearance by Philip A. Wharton (Hampton, Stephen) (Entered: 02/10/2015)

Feb. 10, 2015

Feb. 10, 2015

75

[SEALED] OPENING BRIEF in Support re 74 MOTION for Summary Judgment filed by Carl C. Danberg, Cathy Escherich, Rebecca McBride.Answering Brief/Response due date per Local Rules is 3/30/2015. (Attachments: # 1 Exhibit A Part 1, # 2 Exhibit A Part 2, # 3 Exhibit A Part 3, # 4 Certificate of Service)(Perkins, Scott) (Entered: 03/11/2015)

March 11, 2015

March 11, 2015

76

STIPULATION TO EXTEND TIME Answering Brief and Reply Brief to Motion for Summary Judgment to April 28 and May 19 − filed by Lamar Correa, James Maddox, Joseph Roundtree, Philip A. Wharton. (Hampton, Stephen) (Entered: 03/27/2015)

March 27, 2015

March 27, 2015

SO ORDERED, re 76 STIPULATION TO EXTEND TIME Answering Brief and Reply Brief to Motion for Summary Judgment to April 28 and May 19 filed by Lamar Correa, James Maddox, Philip A. Wharton, Joseph Roundtree. Signed by Judge Leonard P. Stark on 3/31/15. (ntl) (Entered: 03/31/2015)

March 31, 2015

March 31, 2015

77

ANSWERING BRIEF in Opposition re 74 MOTION for Summary Judgment filed by Lamar Correa, James Maddox, Joseph Roundtree, Philip A. Wharton.Reply Brief due date per Local Rules is 5/7/2015. (Hampton, Stephen) (Entered: 04/27/2015)

April 27, 2015

April 27, 2015

CORRECTING ENTRY: D.I. 78 was deleted and will be refiled as a sealed document. (ntl) (Entered: 05/04/2015)

May 4, 2015

May 4, 2015

78

[SEALED] APPENDIX re 77 Answering Brief in Opposition, CORRECTING ENTRY: by Lamar Correa, James Maddox, Joseph Roundtree, Philip A. Wharton. (Attachments: # 1 Appendix Vol 1 pt B, # 2 Appendix Vol 1 pt C, # 3 Appendix Vol 1 pt D, # 4 Appendix Vol 1 pt E, # 5 Appendix Vol 1 pt F, # 6 Appendix Vol 2 pt A, # 7 Appendix Vol 2 pt B, # 8 Appendix Vol 2 pt C, # 9 Appendix Vol 2 pt D, # 10 Appendix Vol 2 pt E, # 11 Appendix Vol 2 pt F)(Hampton, Stephen) (Entered: 05/04/2015)

May 4, 2015

May 4, 2015

79

REDACTED VERSION of 77 Answering Brief in Opposition, 78 Appendix, CORRECTING ENTRY: by Lamar Correa, James Maddox, Joseph Roundtree, Philip A. Wharton. (Attachments: # 1 Appendix)(Hampton, Stephen) (Entered: 05/04/2015)

May 4, 2015

May 4, 2015

80

CERTIFICATE OF SERVICE of Appendix to Plaintiffs' Brief in Opposition to Defendants' Motion for Summary Judgment by Lamar Correa, James Maddox, Joseph Roundtree, Philip A. Wharton re 78 Appendix, (Hampton, Stephen) (Entered: 05/04/2015)

May 4, 2015

May 4, 2015

81

REPLY BRIEF re 74 MOTION for Summary Judgment filed by Carl C. Danberg, Cathy Escherich, Rebecca McBride. (Perkins, Scott) (Entered: 05/19/2015)

May 19, 2015

May 19, 2015

82

ORAL ORDER: IT IS HEREBY ORDERED that Plaintiffs shall submit, by June 18, 2015, a chart identifying, for each purported class member Plaintiffs wish the Court to consider in ruling on Plaintiffs' motion for class certification (D.I. 58), (a) the Defendant(s) against whom each purported class member could assert a claim, (b) the legal theory (or theories) (i.e., Fourth, Fifth, Eighth, and/or Fourteenth Amendment(s)) under which each purported class member seeks relief, and (c) citations to specific facts (and specific page numbers in the record) that Plaintiffs intend to rely upon for support of each legal theory (or theories). Plaintiffs shall further submit, by June 25, 2015, a brief, no longer than ten (10) pages, addressing which subsection(s) of Federal Rule of Civil Procedure 23(b) (i.e., subsection(s) 1, 2, and/or 3) under which Plaintiffs seek class certification (whether subsections 2 and 3, as in the Amended Complaint, or subsections 1 and 2, as in Plaintiffs' briefing for their motion for class certification) and further addressing the applicability, if any, of the Supreme Court's decision in Taylor v. Barkes, No. 14−939 (June 1, 2015). Defendants may submit a brief, no longer than ten (10) pages, in response to Plaintiffs' brief, due no later than July 2, 2015. IT IS FURTHER ORDERED that the Court will hold a status teleconference on July 20 at 10:00 a.m. Plaintiffs' counsel shall initiate the call to 302−573−4573. ORDERED by Judge Leonard P. Stark on 6/8/15. (ntl) (Entered: 06/08/2015)

June 8, 2015

June 8, 2015

83

CLAIM Construction Chart by Lamar Correa, James Maddox, Joseph Roundtree, Philip A. Wharton. (Hampton, Stephen) (Entered: 06/18/2015)

June 18, 2015

June 18, 2015

85

[SEALED] ANSWERING BRIEF in Opposition re 74 MOTION for Summary Judgment Defendants' Supplemental Brief in Further Support of Their Opposition to Class Certification and in Support of Their Motion for Summary Judgment filed by Carl C. Danberg, Cathy Escherich, Rebecca McBride.Reply Brief due date per Local Rules is 7/13/2015. (Attachments: # 1 Exhibit, # 2 Certificate of Service)(McTaggart, Michael) (Entered: 07/02/2015)

July 2, 2015

July 2, 2015

CORRECTING ENTRY: item filed as D.I. 86 deleted per counsel's request on 7/2/2015. Counsel to re−file corrected document. (rpg) (Entered: 07/02/2015)

July 2, 2015

July 2, 2015

86

REDACTED VERSION of 85 Answering Brief in Opposition, Defendants' Supplemental Brief in Further Support of Their Opposition to Class Certification and in Support of Their Motion for Summary Judgment − Redacted in Its Entirety by Carl C. Danberg, Cathy Escherich, Rebecca McBride. (Attachments: # 1 Exhibit, # 2 Certificate of Service)(McTaggart, Michael) (Entered: 07/02/2015)

July 2, 2015

July 2, 2015

Minute Entry for proceedings held before Judge Leonard P. Stark − Telephone Conference held on 7/20/2015. (Court Reporter Stacy Ingram (Hawkins Rptg.)) (ntl) (Entered: 07/20/2015)

July 20, 2015

July 20, 2015

87

PROPOSED ORDER Regarding Legal Issues Raised at Court's July 20, 2015 Teleconference re Telephone Conference by Lamar Correa, James Maddox, Joseph Roundtree, Philip A. Wharton. (Hampton, Stephen) (Entered: 07/24/2015)

July 24, 2015

July 24, 2015

88

ORDER Regarding Legal Issues Raised at Court's July 20, 2015 Teleconference. Signed by Judge Leonard P. Stark on 7/28/15. (ntl) (Entered: 07/28/2015)

July 28, 2015

July 28, 2015

Case Details

State / Territory: Delaware

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 1, 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Four former prisoners of the Delaware Department of Corrections who suffered overdetention and filed suit on behalf of themselves and a class of individuals who were or would be overdetained.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Delaware Department of Corrections, State

Delaware, State

Defendant Type(s):

Jurisdiction-wide

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Constitutional Clause(s):

Due Process

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Access to lawyers or judicial system

Failure to discipline

Failure to supervise

Failure to train

Over/Unlawful Detention

Record-keeping

Records Disclosure

Type of Facility:

Government-run