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Case Name Melvin C. v. Shilling JI-MD-0001
Docket / Court 91-497 ( D. Md. )
State/Territory Maryland
Case Type(s) Disability Rights-Pub. Accom.
Juvenile Institution
Attorney Organization Youth Law Center
Case Summary
On February 22, 1991, Melvin C., an indigent minor in a Maryland Correctional Facility, filed a class action lawsuit under 42 U.S.C. § 1983, in the United States District Court for the District of Maryland. Plaintiff, along with 3 others, brought suit in forma paupris on behalf of themselves ... read more >
On February 22, 1991, Melvin C., an indigent minor in a Maryland Correctional Facility, filed a class action lawsuit under 42 U.S.C. § 1983, in the United States District Court for the District of Maryland. Plaintiff, along with 3 others, brought suit in forma paupris on behalf of themselves and all those similarly situated, seeking declaratory and injunctive relief against the Department of Education and the Department of Corrections for failure to provide special education and related services to all eligible youths confined in Maryland's ten adult correctional facilities. The class was later represented by the Public Justice Center, Inc. Specifically the suit alleges a violation of the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1401 et seq., ("IDEA"), which provides for special education for all mentally disabled or impaired children, ages three to twenty-one.

On August 2, 1991, the Court (Judge John R. Hargrove) referred the case to Magistrate Judge Catherine C. Blake for hearing and determination of all non-dispositive pretrial matters. On September 18, 1991 the case was temporarily reassigned to Judge Benson E. Legg, and then back to Judge Hargrove on October 23, 1991. On December 9, 1991, the Court (Judge Hargrove) again referred the case to Magistrate Judge Blake for other proceeding, specifically protective orders.

On June 9, 1993 the United States District Court for the District of Maryland issued a Stipulation of Dismissal Without Prejudice on Conditions. The Stipulation named Dr. Osa D. Coffey as the Implementation Coordinator (monitor) and George L. Russell, Jr., Esq., as the Arbitrator. The Court awarded fees and costs to plaintiffs' counsel. A jointly written Action Plan was attached to the Stipulation, and the court retained jurisdiction over the case for further enforcement until the plan had been fully implemented.

The Action Plan called for mandatory, timely screening of all age-eligible prisoners for possible special education needs, through intake interviews and educational and medical tests. After parents have been notified, and their input sought, Individual Education Programs are to be developed for all eligible prisoners. Prisoners in special units are to receive a minimum of six hours per week of educational services. Finally, the Action Plan called for in-service training of all state employees connected with the special education of inmates to apprise them of the changes.

On June 6, 1995, the Court (Judge Hargrove) Dismissed the case without prejudice.

Greg Venker - 05/18/2006


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Issues and Causes of Action
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Issues
Affected Gender
Male
Discrimination-basis
Disability (inc. reasonable accommodations)
General
Classification / placement
Counseling
Education
Individualized planning
Parents (visitation, involvement)
Medical/Mental Health
Medical care, general
Mental health care, general
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action Indv. w/ Disab. Educ. Act (IDEA), Educ. of All Handcpd. Children Act , 20 U.S.C. § 1400
42 U.S.C. § 1983
Defendant(s) Maryland Deptartment of Corrections, Maryland Deptartment of Education
Plaintiff Description Inmates in the Maryland Adult Correctional System challenging the failure to provide legally required special education and related services to youth confined at Maryland's ten adult correctional facilities and pre-release units
Indexed Lawyer Organizations Youth Law Center
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 1993 - 1995
Case Closing Year 1995
Case Ongoing No
Docket(s)
91-497 (D. Md.) 06/06/1995
JI-MD-0001-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint for Declaratory and Injunctive Relief 02/22/1991
JI-MD-0001-0001.pdf | Detail
Stipulation of Dismissal Without Prejudice on Conditions 06/09/1993
JI-MD-0001-0002.pdf | Detail
Judges Hargrove, John Raymond Sr. (D. Md.)
JI-MD-0001-9000
Monitors/Masters None on record
Plaintiff's Lawyers Chapman, Jerome I. (District of Columbia)
JI-MD-0001-0002 | JI-MD-0001-9000
Gordon, Richard S. (Maryland)
JI-MD-0001-0001 | JI-MD-0001-0002 | JI-MD-0001-9000
Martin, Mark B. (Maryland)
JI-MD-0001-9000
Millemann, Michael A. (Maryland)
JI-MD-0001-0001 | JI-MD-0001-0002 | JI-MD-0001-9000
Pierson, W. Michel (Maryland)
JI-MD-0001-0001 | JI-MD-0001-9000
Stamp, Carolyn W. (Maryland)
JI-MD-0001-0001
Warboys, Loren M. (California)
JI-MD-0001-0001 | JI-MD-0001-0002
Williamson, Carolyn Chappell (Maryland)
JI-MD-0001-9000
Wright, Claudia T. (District of Columbia)
JI-MD-0001-0001
Defendant's Lawyers Fletcher-Hill, Lawrence Paul (Maryland)
JI-MD-0001-9000
Goedert, Joann Grozuczak (Maryland)
JI-MD-0001-9000
Weber, Stephanie Judith Lane (Maryland)
JI-MD-0001-9000
Other Lawyers None on record

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