Case: S.H. v. Stickrath

2:04-cv-01206 | U.S. District Court for the Southern District of Ohio

Filed Date: Dec. 24, 2004

Closed Date: Dec. 9, 2015

Clearinghouse coding complete

Case Summary

On December 24, 2004, private civil rights attorneys and attorneys for the Youth Law Center, Inc. the Children's Law Center, Inc, and the Ohio Justice & Policy Center filed a § 1983 class action lawsuit in the U.S. District Court for the Southern District of Ohio, challenging the treatment of juveniles in the custody or under the supervision of the Ohio Department of Youth Services (ODYS). The ODYS operated juvenile correctional institutions in Ohio which included Circleville Youth Center, Cuya…

On December 24, 2004, private civil rights attorneys and attorneys for the Youth Law Center, Inc. the Children's Law Center, Inc, and the Ohio Justice & Policy Center filed a § 1983 class action lawsuit in the U.S. District Court for the Southern District of Ohio, challenging the treatment of juveniles in the custody or under the supervision of the Ohio Department of Youth Services (ODYS). The ODYS operated juvenile correctional institutions in Ohio which included Circleville Youth Center, Cuyahoga Hills Boys School, Indian River School, Marion Juvenile Correctional Center, Mohican Youth Center, Ohio River Valley Youth Center, Scioto Juvenile Correctional Center, and the Freedom Center.

Plaintiffs' complaint alleged that the individually named plaintiffs and the plaintiff class members were subjected to abusive, inhumane, and illegal conditions, policies, and practices, which included: excessive force, physical abuse, unreasonable mechanical restraints, lockdown and isolation for arbitrary reasons, improper strip searches, inadequate mental health care and medical treatment, inadequate education services and programs, and ineffective disciplinary measures. Plaintiffs further alleged that the ODYS denied equal access and services for girls in its custody. Plaintiffs sought declaratory and injunctive relief, as well as class certification.

Plaintiffs amended the complaint on June 15, 2005. Defendants moved to dismiss.

On July 29, 2005, the District Court (Magistrate Judge Terence P. Kemp) stayed the case at the request of the parties so that they could pursue settlement negotiations. The Court denied plaintiffs' request for class certification without prejudice to refiling and administratively closed the case.

On April 4, 2007, plaintiffs requested that the court ordered stay be lifted and that they be granted leave to file a second amended complaint. Judge Kemp granted this motion and the plaintiffs’ motion for class certification on July 9, 2007. The court defined the class as: 

[a]ll persons who are or who will be committed to the legal custody of the Department of Youth Services (DYS) and housed in one of its facilities at Circleville Juvenile Correctional Facility, Cuyahoga Hills Juvenile Correctional Facility, Freedom Center, Indian River Juvenile Correctional Facility, Marion Juvenile Correctional Facility, Mohican Juvenile Correctional Facility, Ohio River Valley Juvenile Correctional Facility, Scioto Juvenile Correctional Facility, or housed in the private facility the Lighthouse Youth Center, Paint Creek (collectively the DYS facilities).

On May 18, 2007, United States Magistrate Judge Kemp appointed Fred Cohen as Independent Fact Finder. Cohen assembled a team of 10 experts with whom he conducted intensive site visits of various Ohio Department of Youth Services (ODYS) facilities. The team interviewed staff, youth and ODYS officials and reviewed numerous records and reports. On December 13, 2007, Cohen issued a 214 page Fact-Finding Final Report, which addressed his team's findings and its recommendations for an overhaul of the ODYS system and facilities.

On May 21, 2008, the court approved a settlement in the case. Under the terms of the agreement, the defendants agreed to a comprehensive continuum of care in a regionalized services delivery system, a system of monitoring, youth-focused care, quality treatment interventions, engagement of families, education and vocational training of youths in the system, a grievance system, access to advocates/attorneys, strong re-entry programs, and a fair and effective release process.

Less than a week before the settlement was approved, the Department of Justice filed its own suit in United States v. Strickland. That case was soon settled, and compliance work on the two continued together. On April 7, 2012, the issue of attorney fees and expenses was decided, with the court ordering defendants to pay $113,086.00. On Feb. 11, 2015, the monitoring Correctional Institution Inspection Committee issued a report showing a dramatic decline in use of seclusion. 

As a result of the Department of Youth Services’ compliance with the consent decree, all parties agreed that the case should be closed. Judge Algenon L. Marbley granted the joint motion to terminate the consent decree on December 9, 2015.

Summary Authors

Kristen Sagar (3/2/2009)

Megan Richardson (6/16/2014)

Elana Herbst (3/12/2023)

Related Cases

United States v. Strickland, Southern District of Ohio (2008)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4363998/parties/sh-and-all-other-similarly-situated-v-taft/


Judge(s)
Attorney for Plaintiff
Attorney for Defendant

Adelstein, Jay David (Ohio)

Amdur, Spencer E. (Ohio)

Anderson, Linda (Ohio)

Anger, Thomas (Ohio)

Anthony, Laura Greenberg (Ohio)

Expert/Monitor/Master/Other
Attorney for Defendant

Adelstein, Jay David (Ohio)

Amdur, Spencer E. (Ohio)

Anderson, Linda (Ohio)

Anger, Thomas (Ohio)

Anthony, Laura Greenberg (Ohio)

Arbogast, Janet R Hill (Ohio)

Aronoff, Peter Max (Ohio)

Attorney, Noticing INS (Ohio)

Auerbach, Gerald (Ohio)

AUSA, Christopher D (Ohio)

Baker, Wyn Dee (Ohio)

Beckerman, Laura (Ohio)

Bergman, Jacob Max (Ohio)

Bernie, Andrew Marshall (Ohio)

Berwick, Benjamin (Ohio)

Bickford, James O. (Ohio)

Bowen, Brigham J (Ohio)

Bowers, Kate (Ohio)

Brown, Jane Pansing (Ohio)

Brunner, Helen J (Ohio)

Bryan, Lonnie F (Ohio)

Burdette, Cathy Jo (Ohio)

Burnes, James Place (Ohio)

Byars, Michael James (Ohio)

Cargo, Shane Patrick (Ohio)

Carlson, Lucy G (Ohio)

Cha-Kim, Stephen Seungkun (Ohio)

Chang, William S.W. (Ohio)

Chilakamarri, Varu (Ohio)

Cho, James R. (Ohio)

Cholar, Richard Thomas Jr. (Ohio)

Clopper, John Dalton (Ohio)

CV, U S (Ohio)

D'Alessandro, Mark Thomas (Ohio)

Daughtry, Emily Ewell (Ohio)

Deiss, Ila Casy (Ohio)

DeVito, David Michael (Ohio)

Dolinger, Samuel Hilliard (Ohio)

Donohue, Brian G. (Ohio)

Durkin, Timothy Michael (Ohio)

Dyck, Henry Parker (Ohio)

Ennis, Christine Wild (Ohio)

Erickson-Pogorzelski, Anthony (Ohio)

Eschbacher, Lisa M (Ohio)

Falk, Rebecca Ann (Ohio)

FitzGerald, Ellen (Ohio)

Francis, Victoria L. (Ohio)

Frank, Gerald S (Ohio)

Frisch, Stuart (Ohio)

Garg, Arjun (Ohio)

Garrett, Jenigh J. (Ohio)

Gianola, John Fulton (Ohio)

Goldstein, Judith B. (Ohio)

Gomez, Abel (Ohio)

GOVT, Kate R. (Ohio)

Griffiths, John Richard (Ohio)

Guzman, Gladys M. (Ohio)

Haas, Alexander Kenneth (Ohio)

Haroldson, Thomas E (Ohio)

Harvey, Judy B (Ohio)

Harvey, Judith B. (Ohio)

Heiman, Julia Alexandra (Ohio)

Henry, Terry M. (Ohio)

Herb, Kimberly Lynn (Ohio)

Hernandez, J Cole (Ohio)

Hoff, David H (Ohio)

Holloway, J Eric (Ohio)

Holloway, James Eric (Ohio)

Horn, Stephen M. (Ohio)

Howard, Roscoe Howard (Ohio)

Hsu, Shining J. (Ohio)

Hunt, Joseph H. (Ohio)

Ikari, Carolyn Aiko (Ohio)

Inactive, Michael A (Ohio)

Inactive, Cynthia M (Ohio)

James, Michael (Ohio)

Jennings, Sharon A. (Ohio)

Jr, John David (Ohio)

Jude, Jennifer Ann (Ohio)

Kabrawala, Ameet B. (Ohio)

Kahrs, Laurie Kathleen (Ohio)

Keefe, Kerry Jane (Ohio)

Khorshid, Anoiel (Ohio)

King, Philip A. (Ohio)

Kneedler, Jennie L. (Ohio)

Konkoly, Antonia (Ohio)

Lantka, Peter Michael (Ohio)

Larsen, Christian R (Ohio)

Leary, Peter Decklin (Ohio)

Lee, Jonathan Unruh (Ohio)

Lee, Jason (Ohio)

Lesperance, Karen Folster (Ohio)

Levy, Judith E. (Ohio)

Lo, Michelle (Ohio)

London, Ellen (Ohio)

Maher, Lidia (Ohio)

Maisels, Amanda L. (Ohio)

Majeed, Sameena (Ohio)

Mancini, Joseph Matthew (Ohio)

Marentette, Pamela (Ohio)

Martikan, Owen Peter (Ohio)

McArdle, Kevin William (Ohio)

McElvain, Joel (Ohio)

Melle, James Edward (Ohio)

Mercado-Santana, Victor M. (Ohio)

Metzger, Emily B. (Ohio)

Moore, Tamra T. (Ohio)

Morrison, Ross Eric (Ohio)

Morte, Tara Marie (Ohio)

Moul, Geoffrey J. (Ohio)

Nestler, Emily (Ohio)

Olds, Dara A (Ohio)

Patton, Rodney (Ohio)

Perez-Daple, Brian (Ohio)

Phillips, Frederick S. (Ohio)

Porsia, Sara Christi (Ohio)

Prillaman, Debra Jean (Ohio)

Prose, Susan Begesse (Ohio)

Rachal, Doreen M. (Ohio)

Ray, Jeffrey P. (Ohio)

Rich, J. Eric (Ohio)

Risner, Scott (Ohio)

Robinson, Kimberly Anne (Ohio)

Rosenberg, Brad Prescott (Ohio)

Russ, John A. (Ohio)

Scharf, James A. (Ohio)

Schools, Scott (Ohio)

Shapiro, Elizabeth (Ohio)

Sheffield, Carlton Frederick (Ohio)

Sherman, Steve A (Ohio)

Shockey, Charles Ray (Ohio)

Singer, Benjamin D. (Ohio)

Smart, Adam Ryan (Ohio)

Smith, Jeffrey Michael (Ohio)

Snead, Jacqueline E. (Ohio)

Sneed, Sekret Tamara (Ohio)

Soskin, Eric Joseph (Ohio)

Sowles, Marcia (Ohio)

Spooner, Sandra P (Ohio)

Stark, John J. (Ohio)

Stegeby, Erik Kenneth (Ohio)

Strigari, Frank M. (Ohio)

Swisher, Zachary (Ohio)

Thorp, Galen (Ohio)

Tinio, Rebecca Sol (Ohio)

Torrance, Benjamin Henry (Ohio)

Tseng, Neill Tai (Ohio)

Tulis, Elizabeth (Ohio)

Ulrich, Tamara (Ohio)

Voss, Ana H (Ohio)

Wall, Robin Michael (Ohio)

Walsh, Thomas P. (Ohio)

Wayne, Seth (Ohio)

Weiss, Daniel Herman (Ohio)

Westwater, Gisela A (Ohio)

Whittlesey, Brent A (Ohio)

Williams, Ed (Ohio)

Worly, Mindy Ann (Ohio)

Zee, Michael Andrew (Ohio)

Documents in the Clearinghouse

Documents in this case

2:04-cv-01206

Docket [PACER]

S.H. v. Taft

June 28, 2013

June 28, 2013

Docket
1

2:04-cv-01206

Class Action Complaint for Declaratory and Injunctive Relief

Dec. 20, 2004

Dec. 20, 2004

Complaint
41

2:04-cv-01206

Order

S.H. v. Taft

July 29, 2005

July 29, 2005

Order/Opinion
46-2

2:04-cv-01206

Second Amended Class Action Complaint for Declaratory and Injunctive Relief

S.W. v. Strickrath

April 4, 2007

April 4, 2007

Complaint
67

2:04-cv-01206

Opinion and Order

S.H. v. Taft

July 9, 2007

July 9, 2007

Order/Opinion

2007 WL 1989753

2:04-cv-01206

Final Fact-Finding Report - S.H. V.. Stickrath

S.H v. Stickrath

Dec. 13, 2007

Dec. 13, 2007

Monitor/Expert/Receiver Report
108

2:04-cv-01206

STIPULATION FOR INJUNCTIVE RELIEF

May 20, 2008

May 20, 2008

Settlement Agreement

2:04-cv-01206

Psychiatry Site Visit Report

S.H. v. Strickrath

Feb. 11, 2009

Feb. 11, 2009

Monitor/Expert/Receiver Report
359

2:04-cv-01206

Consent Order

S.H. v. Reed

Jan. 18, 2013

Jan. 18, 2013

Order/Opinion
401

2:04-cv-01206

Agreed Order re: MH and Isolation

S.H. v. Strickrath

May 21, 2014

May 21, 2014

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4363998/sh-and-all-other-similarly-situated-v-taft/

Last updated July 19, 2026, 5:47 a.m.

ECF Number Date Description Link
1 Dec. 20, 2004

COMPLAINT filed by Plaintiffs I. H., a minor child, by and through her next friend Arthur Woodward, and all others similarly situated,, A. E., and all others similarly situated, S.H and all other similarly situated,, S.W. a minor child, by and through her next friend Brenda Woods, and all others similarly situated, D.J, a minor child, by and through her next friend Vera Johnson, and all others similarly situated, M.F. and all others similarly situated, against, Defendants Bob Taft, Ohio Department of Youth Services, Geno Natalucci-Persichetti, James Hieneman, and James York.(rew, ) (Entered: 12/21/2004)

Clearinghouse
2 Dec. 20, 2004

MOTION for attorney Marc Schindler to Appear PHV on behalf of Plaintiffs.(rew ) (Entered: 12/21/2004)

RECAP
3 Dec. 20, 2004

MOTION for attorney Maria F. Ramiu to Appear PHV on behalf of Plaintiffs. (rew ) (Entered: 12/21/2004)

RECAP
4 Dec. 28, 2004

ORDER granting Pltf's 2 Motion for Leave to Appear PHV by Marc Schindler, and granting Pltf's 3 Motion for Leave to Appear PHV by Maria F. Raimu. Counsel directed to comply with the Distrct's policies of electronic case filing and to register for ecf via website. Signed by Judge Terence P Kemp on 12/28/04. (ja, ) (Entered: 12/28/2004)

RECAP
5 Jan. 14, 2005

MOTION for attorney Mark Irvin Soler to Appear PHV on behalf of Plaintiffs. (rew ) (Entered: 01/18/2005)

RECAP
6 Jan. 19, 2005

MOTION to Certify Class by Plaintiffs I. H., a minor child, by and through her next friend Arthur Woodward, and all others similarly situated,, A. E., and all others similarly situated, S.H and all other similarly situated,, S.W. a minor child, by and through her next friend Brenda Woods, and all others similarly situated, D.J, a minor child, by and through her next friend Vera Johnson, and all others similarly situated,, M.F. and all others similarly situated,. Responses due by 2/14/2005 (Kinsley, Jennifer) (Entered: 01/19/2005)

RECAP
7 Jan. 21, 2005

ORDER granting # 5 Motion for attorney Mark Irvin Soler to Appear PHV on behalf of Plaintiffs. Signed by Judge Terence P Kemp on 1/20/05. (rew ) (Entered: 01/21/2005)

RECAP
8 Feb. 23, 2005

WAIVER OF SERVICE Returned Executed Bob Taft waiver sent on 1/21/2005, answer due 3/22/2005; Ohio Department of Youth Services waiver sent on 1/21/2005, answer due 3/22/2005; Geno Natalucci-Persichetti waiver sent on 1/21/2005, answer due 3/22/2005; James Hieneman waiver sent on 1/21/2005, answer due 3/22/2005; James York waiver sent on 1/21/2005, answer due 3/22/2005. (mlc, ) (Entered: 02/23/2005)

RECAP
9 March 9, 2005

NOTICE by Plaintiffs I. H., a minor child, by and through her next friend Arthur Woodward, and all others similarly situated,, A. E., and all others similarly situated, S.H and all other similarly situated,, S.W. a minor child, by and through her next friend Brenda Woods, and all others similarly situated, D.J, a minor child, by and through her next friend Vera Johnson, and all others similarly situated,, M.F. and all others similarly situated, of withdrawal of Marc Schindler (Kinsley, Jennifer) (Entered: 03/09/2005)

RECAP
10 March 18, 2005

Joint MOTION for Extension of Time New date requested 4/21/2005. by Defendants Bob Taft, Ohio Department of Youth Services, Geno Natalucci-Persichetti, James Hieneman, James York. (Mancini, Joseph) (Entered: 03/18/2005)

RECAP
11 March 23, 2005

NOTICE: Pretrial Conference set for 5/3/2005 @ 03:30 PM in chambers before Terence P Kemp. (Attachments: # 1 Important Notice-2 # 2 Notice re Discovery)(wh, ) (Entered: 03/23/2005)

1 Important Notice-2

View on PACER

2 Notice re Discovery

View on PACER

RECAP
12 March 24, 2005

ORDER granting # 10 Motion for Extension of Time. Respones due 4/21/05. Signed by Judge Terence P Kemp on 3/23/05. (rew ) (Entered: 03/24/2005)

RECAP
13 April 20, 2005

Second MOTION for Extension of Time to File Answer re 6 MOTION to Certify Class, 1 Complaint,, New date requested 5/20/2005. by Defendant Taft and by Defendants Ohio Department of Youth Services, Geno Natalucci-Persichetti, James Hieneman, James York. (King, Philip) (Entered: 04/20/2005)

RECAP
14 April 25, 2005

ORDER denying without prejudice # 13 Motion for Extension of Time to Answer. Signed by Judge Terence P Kemp on 4/25/05. (rew ) (Entered: 04/25/2005)

RECAP
15 April 25, 2005

Unopposed MOTION for Extension of Time to File Answer re 1 Complaint,,, 6 MOTION to Certify Class New date requested 5/20/2005. by Defendant Taft by Defendants Ohio Department of Youth Services, Geno Natalucci-Persichetti, James Hieneman, James York. (King, Philip) (Entered: 04/25/2005)

RECAP
16 April 27, 2005

ORDER granting # 15 Motion for Extension of Time to Answer Ohio Department of Youth Services answer due 5/20/2005; Geno Natalucci-Persichetti answer due 5/20/2005; James Hieneman answer due 5/20/2005; James York answer due 5/20/2005. Signed by Judge Terence P Kemp on 4/27/005. (rew ) (Entered: 04/27/2005)

RECAP
17 April 28, 2005

NOTICE: Pretrial Conference reset for 5/24/2005 @ 02:00 PM by teleconference before Terence P Kemp. (wh1, ) (Entered: 04/28/2005)

RECAP
18 May 9, 2005

MOTION filed by Plaintiffs for Leave to Appear PHV by Joseph Zavier Scantleberry, Esq. (ja, ) (Entered: 05/09/2005)

RECAP
19 May 12, 2005

ORDER granting # 18 Motion for attorney Joseph Zavier Scantlebury to Appear phv on behalf of plaintiffs. Signed by Judge Terence P Kemp on 5/12/05. (rew ) (Entered: 05/12/2005)

RECAP
20 May 17, 2005

NOTICE by Defendants Ohio Department of Youth Services, Geno Natalucci-Persichetti, James Hieneman, James York of Substitution of Geoffrey J. Moul as Trial Counsel for Defendants Ohio Department of Youth Services, Thomas Stickrath as Director of the Ohio Department of Youth Services, James Hieneman, and James York (Moul, Geoffrey) (Entered: 05/17/2005)

RECAP
21 May 17, 2005

Unopposed MOTION to Reschedule Preliminary Pretrial Conference and for Extensions of Time to Move or Otherwise Plead to the Complaint and Respond to the Motion for Class Certification by Defendants Bob Taft, Ohio Department of Youth Services, Geno Natalucci-Persichetti, James Hieneman, James York. (Moul, Geoffrey) (Entered: 05/17/2005)

RECAP
22 May 18, 2005

NOTICE of Change of Address by Geoffrey J Moul (Moul, Geoffrey) (Entered: 05/18/2005)

RECAP
23 May 19, 2005

NOTICE: Pretrial Conference reset for 7/12/2005 @ 04:00 PM in chambers before Terence P Kemp. (wh1, ) (Entered: 05/19/2005)

RECAP
24 May 19, 2005

ORDER to show cause response due by 6/20/2005. Signed by Judge Terence P Kemp on 5/19/05. (rew ) (Entered: 05/19/2005)

RECAP
25 June 15, 2005

AMENDED COMPLAINT Class Action Complaint For Declaratory and Injunctive Relief against all defendants, filed by Plaintiffs I. H., a minor child, by and through her next friend Arthur Woodward, and all others similarly situated,, A. E., and all others similarly situated, S.H and all other similarly situated,, S.W. a minor child, by and through her next friend Brenda Woods, and all others similarly situated, D.J, a minor child, by and through her next friend Vera Johnson, and all others similarly situated,, M.F. and all others similarly situated,, Defendants Bob Taft, Ohio Department of Youth Services, Geno Natalucci-Persichetti, James Hieneman, James York.(Kinsley, Jennifer) (Entered: 06/15/2005)

RECAP
26 June 16, 2005

MOTION to file juvenile plaintiffs' affidavits under seal. (rew ) (Entered: 06/17/2005)

RECAP
27 June 21, 2005

Unopposed MOTION for Extension of Time to Respond to the Motion for Class Certification by Defendants Bob Taft, Ohio Department of Youth Services, Geno Natalucci-Persichetti, James Hieneman, James York. (Moul, Geoffrey) (Entered: 06/21/2005)

RECAP
28 June 23, 2005

ORDER granting # 26 Motion to Seal affidavits under seal in support of their first amended complaint. Signed by Judge Terence P Kemp on 6/23/05. (rew) (Entered: 06/23/2005)

RECAP
29 July 5, 2005

NOTICE of Appearance by Sharon A Jennings Defendant Bob Taft (Jennings, Sharon) (Entered: 07/05/2005)

RECAP
30 July 5, 2005

MOTION for Extension of Time to File Answer New date requested 7/11/2005. by Defendants Bob Taft, Ohio Department of Youth Services, Geno Natalucci-Persichetti, James Hieneman, James York. (Geoffrey Moul) Modified on 7/6/2005 to reflect correct attorney (lvw, ). (Entered: 07/05/2005)

RECAP
31 July 5, 2005

Sealed Document #26 Motion to file juvenile plaintiffs' affidavits unser seal. Sealed affidavits.(rew1 ) (Entered: 07/05/2005)

RECAP
32 July 5, 2005

NOTICE of Appearance by Frank M Strigari Defendant Bob Taft (Strigari, Frank) (Entered: 07/05/2005)

RECAP
33 July 5, 2005

RULE 26(f) REPORT by Defendants Bob Taft, Ohio Department of Youth Services, Geno Natalucci-Persichetti, James Hieneman, James York. (Geoffrey Moul) Modified on 7/6/2005 to reflect correct attorney(lvw, ). (Entered: 07/05/2005)

RECAP
34 July 8, 2005

AMENDED DOCUMENT by Defendants Bob Taft, Ohio Department of Youth Services, Geno Natalucci-Persichetti, James Hieneman, James York. Amendment to the Rule 26(f) Report of the Parties. (Moul, Geoffrey) (Entered: 07/08/2005)

RECAP
35 July 11, 2005

MOTION to Reassign Case by Plaintiffs I. H., a minor child, by and through her next friend Arthur Woodward, and all others similarly situated,, A. E., and all others similarly situated, S.H and all other similarly situated,, S.W. a minor child, by and through her next friend Brenda Woods, and all others similarly situated, D.J, a minor child, by and through her next friend Vera Johnson, and all others similarly situated,, M.F. and all others similarly situated,. (Kinsley, Jennifer) (Entered: 07/11/2005)

RECAP
36 July 11, 2005

MOTION to Dismiss by Defendants Thomas Stickrath, Robert Pritchett, James York. Responses due by 8/4/2005 (Moul, Geoffrey) (Entered: 07/11/2005)

RECAP
37 July 11, 2005

MOTION to Dismiss Party by Defendant Bob Taft. Responses due by 8/4/2005 (Jennings, Sharon) (Entered: 07/11/2005)

RECAP
38 July 14, 2005

MOTION for Protective Order To Stay Discovery Rather Than Set a Discovery Schedule by Defendants Thomas Stickrath, Robert Pritchett, James York. (Moul, Geoffrey) (Entered: 07/14/2005)

RECAP
39 July 20, 2005

PRELIMINARY PRETRIAL ORDER: Joinder of Parties due and Motions to Amend due by 10/15/2005. Any motions related to venue or jurisdiction shall be filed by 10/01/05. Signed by Judge Terence P Kemp on 7/20/05. (rew ) (Entered: 07/20/2005)

RECAP
40 July 27, 2005

MOTION to Stay by Plaintiffs I. H., a minor child, by and through her next friend Arthur Woodward, and all others similarly situated,, A. E., and all others similarly situated, S.H and all other similarly situated,, S.W. a minor child, by and through her next friend Brenda Woods, and all others similarly situated, D.J, a minor child, by and through her next friend Vera Johnson, and all others similarly situated,, M.F. and all others similarly situated,, Defendants Thomas Stickrath, Robert Pritchett, Bob Taft, Ohio Department of Youth Services, Geno Natalucci-Persichetti, James Hieneman, James York. (Moul, Geoffrey) (Entered: 07/27/2005)

RECAP
41 July 29, 2005

ORDER this case is stayed until further notice. Signed by Judge Terence P Kemp on 7/29/05. (rew ) (Entered: 07/29/2005)

Clearinghouse
42 Aug. 23, 2005

ORDER denying 6 Motion to Certify Class without prejudice to refiling after the stay is lifted. This case is ADMINISTRATIVELY CLOSED. The Court will lift stay and restore case to its active docket upon motion of any party. Signed by Judge George C. Smith on 8/23/05. (lvw, ) (Entered: 08/23/2005)

RECAP
43 March 13, 2006

MOTION to Withdraw as Attorney by Elizabeth E. Gorman by Plaintiffs I. H., a minor child, by and through her next friend Arthur Woodward, and all others similarly situated,, A. E., and all others similarly situated, S.H and all other similarly situated,, S.W. a minor child, by and through her next friend Brenda Woods, and all others similarly situated, D.J, a minor child, by and through her next friend Vera Johnson, and all others similarly situated,, M.F. and all others similarly situated,. (Kinsley, Jennifer) (Entered: 03/13/2006)

RECAP
44 March 14, 2006

ORDER granting 43 Elizabeth Gorman's Motion to Withdraw as Attorney for Plaintiffs. Signed by Judge Terence P Kemp on 03/14/06. (dms) (Entered: 03/14/2006)

RECAP
45 April 3, 2007

NOTICE of Appearance by Alphonse Adam Gerhardstein for Plaintiffs S.W. a minor child, by and through her next friend Brenda Woods, and all others similarly situated; D.J., a minor child, by and through her next friend Vera Johnson, and all others similarly situated; & M.F., and all others similarly situated. (Gerhardstein, Alphonse) Modified on 4/4/2007 to correct filers (kk2). (Entered: 04/03/2007)

RECAP
46 April 4, 2007

MOTION to lift stay and amend complaint by Plaintiff S.H and all other similarly situated,. (Attachments: # 1 Second Amended Complaint)(Gerhardstein, Alphonse) (Entered: 04/04/2007)

1 Second Amended Complaint

View on PACER

RECAP
47 April 5, 2007

NOTICE: Status Conference set for 4/12/2007 @ 9:30am in chambers before Terence P Kemp - (wh1) (Entered: 04/05/2007)

RECAP
48 April 6, 2007

NOTICE by Plaintiffs I. H., a minor child, by and through her next friend Arthur Woodward, and all others similarly situated,, A. E., and all others similarly situated, S.H and all other similarly situated,, S.W. a minor child, by and through her next friend Brenda Woods, and all others similarly situated, D.J, a minor child, by and through her next friend Vera Johnson, and all others similarly situated,, M.F. and all others similarly situated, of withdrawal of Mark Soler as co-counsel for Plaintiffs (Kinsley, Jennifer) (Entered: 04/06/2007)

RECAP
49 April 6, 2007

NOTICE by Plaintiffs I. H., a minor child, by and through her next friend Arthur Woodward, and all others similarly situated,, A. E., and all others similarly situated, S.H and all other similarly situated,, S.W. a minor child, by and through her next friend Brenda Woods, and all others similarly situated, D.J, a minor child, by and through her next friend Vera Johnson, and all others similarly situated,, M.F. and all others similarly situated, of withdrawal of Joe Scantlebury as co-counsel for Plaintiffs (Kinsley, Jennifer) (Entered: 04/06/2007)

RECAP
50 April 6, 2007

NOTICE by Plaintiff S.H and all other similarly situated, of filing Plaintiffs Proposed Case Management Plan and Case Schedule (Gerhardstein, Alphonse) (Entered: 04/06/2007)

RECAP
51 April 10, 2007

NOTICE of Appearance by Joseph M. Mancini for Defendants Thomas Stickrath, Robert Pritchett, Ohio Department of Youth Services, Geno Natalucci-Persichetti, James Hieneman, James York (Mancini, Joseph) (Entered: 04/10/2007)

RECAP
52 April 10, 2007

NOTICE of Appearance by Janet R Hill Arbogast for Defendants Thomas Stickrath, Robert Pritchett, Ohio Department of Youth Services, Geno Natalucci-Persichetti, James Hieneman, James York (Arbogast, Janet) (Entered: 04/10/2007)

RECAP
53 April 11, 2007

MOTION to Withdraw as Attorney by Defendants Thomas Stickrath, Robert Pritchett, Ohio Department of Youth Services, Geno Natalucci-Persichetti, James Hieneman, James York. (Moul, Geoffrey) (Entered: 04/11/2007)

RECAP
54 April 11, 2007

NOTICE: Status Conference RESET for 4/20/2007 @ 3:00pm in chambers before Terence P Kemp - (wh1) (Entered: 04/11/2007)

RECAP
55 April 11, 2007

ORDER signed by Judge Terence P Kemp on 4/11/2007 granting 53 Motion to Withdraw as Attorney by Murray Murphy Moul + Basil LLP -attorney Geoffrey J Moul terminated - (wh1) (Entered: 04/11/2007)

RECAP
56 April 18, 2007

Mail Returned as Undeliverable re 47 . Mail sent to Mark Irvin Soler. (pes) (Entered: 04/19/2007)

RECAP
57 April 18, 2007

Mail Returned as Undeliverable re 47 . Mail sent to Joseph Zavier Scantlebury (pes) (Entered: 04/19/2007)

RECAP
58 April 25, 2007

ORDER signed by Judge Terence P Kemp on 4/25/2007 -dfts response to pltfs proposal to include all DYS facilities in OH due 5/10/2007 -conf set for 5/17/2007 @ 4:30pm w/TPK - (wh1) (Entered: 04/25/2007)

RECAP
59 April 25, 2007

NOTICE: Status Conference set for 5/17/2007 @ 4:30pm in chambers before Terence P Kemp - (wh1) (Entered: 04/25/2007)

RECAP
60 April 25, 2007

RESPONSE to Motion re 46 MOTION to lift stay and amend complaint filed by Defendants Thomas Stickrath, Robert Pritchett, Ohio Department of Youth Services, Geno Natalucci-Persichetti, James Hieneman, James York. (Mancini, Joseph) (Entered: 04/25/2007)

RECAP
61 May 10, 2007

NOTICE by Defendants Thomas Stickrath, Robert Pritchett, Ohio Department of Youth Services, Geno Natalucci-Persichetti, James Hieneman, James York Of Filing The Parties Proposed Case Management Plan (Mancini, Joseph) (Entered: 05/10/2007)

RECAP
62 May 18, 2007

ORDER signed by Judge Terence P Kemp on 5/18/2007 - # 61 incorporated in its entirety -proposed class certification & ntc and proposed protective order due 6/15/07 - (wh1) (Entered: 05/18/2007)

RECAP
63 May 23, 2007

ORDER REFERRING CASE to Magistrate Judge Terence P. Kemp. Signed by Judge George C Smith on 5-23-07. (ga, ) (Entered: 05/23/2007)

RECAP
64 June 15, 2007

MOTION for Order to Grant Extension of Time by Defendants Thomas Stickrath, Robert Pritchett, Ohio Department of Youth Services, Geno Natalucci-Persichetti, James Hieneman, James York. (Mancini, Joseph) (Entered: 06/15/2007)

RECAP
65 June 18, 2007

ORDER granting 64 Motion for extension of time to file a Proposed Class Certification Order and Notice, a Proposed Protective Order and a Joint Status Report - ext to 6/25/07. Signed by Judge Terence P Kemp on 6/18/07. (jr) (Entered: 06/18/2007)

RECAP
66 June 25, 2007

JOINT NOTICE of Filing The Parties' Proposed Class Certification Order, Proposed Notice to Class and Proposed Protective Order by Defendants Thomas Stickrath, Robert Pritchett, Ohio Department of Youth Services, Geno Natalucci-Persichetti, James Hieneman, James York & all Plaintiffs. (Attachments: # 1 Proposed Class Certification Order# 2 Proposed Notice to Class# 3 Proposed Protective Order) (Mancini, Joseph) Modified on 6/26/2007 to correct/clarify text & filers (kk2). (Entered: 06/25/2007)

1 Proposed Class Certification Order

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2 Proposed Notice to Class

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3 Proposed Protective Order

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RECAP
67 July 9, 2007

OPINION AND ORDER - The unopposed motions to lift stay and amend complaint 46 and the unopposed motion for class certification 6 are granted. Signed by Judge Terence P Kemp on 7/9/07. (jr) (Entered: 07/09/2007)

Clearinghouse
68 July 9, 2007

AMENDED COMPLAINT filed by Plaintiffs B. F., a minor child, by and through his next friend Rod Fuller, and all others similarly situated, S.W. a minor child, by and through her next friend Brenda Woods, and all others similarly situated, D.J, a minor child, by and through her next friend Vera Johnson, and all others similarly situated, against Defendant Thomas Stickrath. (jr) (Entered: 07/09/2007)

RECAP
69 July 25, 2007

JOINT STATUS REPORT by Defendant Thomas Stickrath, Plaintiffs B. F., a minor child, by and through his next friend Rod Fuller, and all others similarly situated, S.W. a minor child, by and through her next friend Brenda Woods, and all others similarly situated, D.J, a minor child, by and through her next friend Vera Johnson, and all others similarly situated,. (Mancini, Joseph) (Entered: 07/25/2007)

RECAP
70 Aug. 28, 2007

STATUS REPORT of the Parties by Plaintiffs B. F., a minor child, by and through his next friend Rod Fuller, and all others similarly situated, S.W. a minor child, by and through her next friend Brenda Woods, and all others similarly situated, D.J, a minor child, by and through her next friend Vera Johnson, and all others similarly situated,. (Gerhardstein, Alphonse) (Entered: 08/28/2007)

RECAP
71 Sept. 27, 2007

NOTICE by Defendant Thomas Stickrath of filing the Parties Joint Monthly Report For September Of 2007 (Mancini, Joseph) (Entered: 09/27/2007)

RECAP
72 Oct. 29, 2007

STATUS REPORT by Defendant Thomas Stickrath, Plaintiffs B. F., a minor child, by and through his next friend Rod Fuller, and all others similarly situated, S.W. a minor child, by and through her next friend Brenda Woods, and all others similarly situated, D.J, a minor child, by and through her next friend Vera Johnson, and all others similarly situated,. (Arbogast, Janet) (Entered: 10/29/2007)

RECAP
73 Dec. 7, 2007

NOTICE by Defendant Thomas Stickrath of Filing the Parties Joint Monthly Report for November of 2007 (Mancini, Joseph) (Entered: 12/07/2007)

RECAP
74 Dec. 7, 2007

MOTION for Order to Grant Defendants Motion To Reassign by Defendant Thomas Stickrath. (Attachments: # 1 Exhibit A, Doc 35 SH v Taft Motion to Reassign# 2 Carpenter v. GAF# 3 Tri-Med v. National) (Mancini, Joseph) (Entered: 12/07/2007)

1 Exhibit A, Doc 35 SH v Taft Motion to Reassign

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2 Carpenter v. GAF

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3 Tri-Med v. National

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RECAP
75 Dec. 28, 2007

RESPONSE to Motion re 74 MOTION for Order to Grant Defendants Motion To Reassign filed by Plaintiff S.H and all other similarly situated,. (Attachments: # 1 Exhibit A: Stipulation of Settlement# 2 Exhibit B - Consent Decree# 3 Exhibit C - Motion to Show Cause) (Gerhardstein, Alphonse) (Entered: 12/28/2007)

1 Exhibit A: Stipulation of Settlement

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2 Exhibit B - Consent Decree

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3 Exhibit C - Motion to Show Cause

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RECAP
76 Dec. 31, 2007

NOTICE by Defendant Thomas Stickrath of Filing Final Fact-Finding Report (Attachments: # 1 Errata Cover Letter from Fred Cohen# 2 Appendix A-Complaint# 3 Appendix B- Ohio Statute# 4 Appendix C-Community Corrections Rpt# 5 Appendix E Mental Health Plan# 6 Appendix F-Conditions Report) (Mancini, Joseph) (Entered: 12/31/2007)

1 Errata Cover Letter from Fred Cohen

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2 Appendix A-Complaint

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3 Appendix B- Ohio Statute

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4 Appendix C-Community Corrections Rpt

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5 Appendix E Mental Health Plan

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6 Appendix F-Conditions Report

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RECAP
77 Jan. 7, 2008

NOTICE by Defendant Thomas Stickrath of Filing the Parties Joint Monthly Report for December of 2007 (Mancini, Joseph) (Entered: 01/07/2008)

RECAP
78 Jan. 9, 2008

NOTICE: Status Conference set for 1/16/2008 @ 2:30pm in chambers before Terence P Kemp - (wh1) (Entered: 01/09/2008)

RECAP
79 Jan. 22, 2008

NOTICE: Status Conference set for 1/22/2008 @ 4:00pm by teleconference before Terence P Kemp - (wh1) (Entered: 01/22/2008)

RECAP
80 Jan. 22, 2008

NOTICE: Status Conference set for 1/29/2008 @ 4:00pm by teleconference before Terence P Kemp - (wh1) (Entered: 01/22/2008)

RECAP
81 Jan. 22, 2008

NOTICE: Status Conference set for 2/12/2008 @ 8:00am by teleconference before Terence P Kemp - (wh1) (Entered: 01/22/2008)

RECAP
82 Jan. 22, 2008

NOTICE: Status Conference set for 2/26/2008 @ 2:00pm in chambers before Terence P Kemp - (wh1) (Entered: 01/22/2008)

RECAP
83 Jan. 24, 2008

NOTICE by Defendant Thomas Stickrath of Withdrawal as Counsel for Defendant (Arbogast, Janet) (Entered: 01/24/2008)

RECAP
84 Jan. 25, 2008

NOTICE by Defendant Thomas Stickrath of Withdrawal as Counsel for Defendant (Arbogast, Janet) (Entered: 01/25/2008)

RECAP
85 Feb. 7, 2008

NOTICE: Status Conference set for 2/11/2008 @ 5:00pm by teleconference before Terence P Kemp - (wh1) (Entered: 02/07/2008)

RECAP
86 Feb. 26, 2008

ORDER REASSIGNING CASE. Case reassigned to Algenon L. Marbley and Terence P Kemp for all further proceedings.. Signed by Algenon L. Marbley on 2/26/2008. (cw, ) (Entered: 02/26/2008)

RECAP
87 Feb. 27, 2008

NOTICE by Defendant Thomas Stickrath of Filing Appendix D to Final-Fact Finding Report (Attachments: # 1 Crow Reports, # 2 Loughran Reports, # 3 Martin Reports, # 4 Peterson Reports, # 5 Prentky Report, # 6 Roush Report, # 7 Sauter Reports, # 8 Shansky Reports, # 9 Smith Reports) (Mancini, Joseph) (Entered: 02/27/2008)

1 Crow Reports

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2 Loughran Reports

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3 Martin Reports

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4 Peterson Reports

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5 Prentky Report

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6 Roush Report

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7 Sauter Reports

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8 Shansky Reports

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9 Smith Reports

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RECAP
88 March 7, 2008

NOTICE: Status Conference set for 3/12/2008 @ 10:30am by teleconference before Terence P Kemp - (wh1) (Entered: 03/07/2008)

RECAP
89 March 13, 2008

NOTICE of Appearance by J Eric Holloway Defendant Thomas Stickrath (Holloway, J) (Entered: 03/13/2008)

RECAP
90 March 19, 2008

Final MOTION to Intervene as a Party Defendant. (Attachments: # 1 Answer and crossclaim) (Melle, James) Modified on 3/27/2008 - doc. deleted as it was unsigned; see # 91 for corrected docket entry (pes). (Entered: 03/19/2008)

RECAP
91 March 20, 2008

MOTION to Intervene by Defendant Ohio Civil Service Employees Association, AFSCME Local 11, AFL-CIO. (Attachments: # 1 Answer and Crossclaim) (Melle, James) (Entered: 03/20/2008)

1 Answer and Crossclaim

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RECAP
92 April 3, 2008

Joint MOTION for Settlement (Class Action Approval) by Plaintiff S.H and all other similarly situated,. (Attachments: # 1 Draft Order Preliminarily Approving Class Action Settlement, # 2 Draft Notice of Proposed Class Settlement, # 3 Draft Stipulation for Injunctive Relief) (Gerhardstein, Alphonse) (Entered: 04/03/2008)

1 Draft Order Preliminarily Approving Class Action Settlement

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2 Draft Notice of Proposed Class Settlement

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3 Draft Stipulation for Injunctive Relief

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RECAP
93 April 9, 2008

RESPONSE in Opposition re 90 Final MOTION to Intervene as a Party Defendant, 91 MOTION to Intervene filed by Plaintiff S.H and all other similarly situated,. (Gerhardstein, Alphonse) (Entered: 04/09/2008)

RECAP
94 April 9, 2008

ORDER Setting Hearing to consider final approval of stipulated injunction: Hearing set for 5/21/2008 08:30 AM in Courtroom 1 before Algenon L. Marbley.. Signed by Algenon L. Marbley on 4/9/2008. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (cw, ) (Entered: 04/09/2008)

1 Exhibit 1

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2 Exhibit 2

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RECAP
95 April 11, 2008

NOTICE OF PROPOSED CLASS SETTLEMENT. Signed by Algenon L. Marbley on 4/11/2008. (cw, ) (Entered: 04/11/2008)

RECAP
96 April 14, 2008

RESPONSE to Motion re 91 MOTION to Intervene filed by Defendant Thomas Stickrath. (Holloway, J) (Entered: 04/14/2008)

RECAP
97 April 18, 2008

REPLY to Response to Motion re 91 MOTION to Intervene filed by Defendant Ohio Civil Service Employees Association, AFSCME Local 11, AFL-CIO. (Attachments: # 1 Affidavit Sandra Bell, # 2 Exhibit Collective Bargaining Agreement) (Melle, James) (Entered: 04/18/2008)

1 Affidavit Sandra Bell

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2 Exhibit Collective Bargaining Agreement

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RECAP
98 May 6, 2008

Letter and objection from Nickolas M Seefong re "Agreement" in case. (jr) (Entered: 05/06/2008)

RECAP
99 May 16, 2008

MOTION to Intervene. (Attachments: # 1 Memorandum in Support of Intervention, # 2 Text of Proposed Order Proposed Order, # 3 Affidavit Gonzalez Request for Admission) (Gonzalez, Gregory) (Additional attachment(s) added on 5/20/2008: # 4 Complaint in Intervention) (jr, ). (Entered: 05/16/2008)

1 Memorandum in Support of Intervention

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2 Text of Proposed Order Proposed Order

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3 Affidavit Gonzalez Request for Admission

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4 Complaint in Intervention

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RECAP
100 May 16, 2008

MOTION for Attorney Fees and Expenses by Plaintiff S.H and all other similarly situated,. (Attachments: # 1 Exhibit 1: Austin v. Wilkinson Stipulation for Injunctive Relief, # 2 Exhibit 2: State of Connecticut v. Choinski Settlement Agreement, # 3 Exhibit 3: Fussell v. Wilkinson Stipulated Judgment Entry) (Gerhardstein, Alphonse) (Entered: 05/16/2008)

1 Exhibit 1: Austin v. Wilkinson Stipulation for Injunctive Relief

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2 Exhibit 2: State of Connecticut v. Choinski Settlement Agreement

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3 Exhibit 3: Fussell v. Wilkinson Stipulated Judgment Entry

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RECAP

Case Details

State / Territory:

Ohio

Case Type(s):

Juvenile Institution

Healthcare Access and Reproductive Issues

Special Collection(s):

Multi-LexSum (in sample)

Strip Search Cases

Key Dates

Filing Date: Dec. 24, 2004

Closing Date: Dec. 9, 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All ll persons who are or who will be committed to the legal custody of the Department of Youth Services (DYS) and housed in one of its facilities at Circleville Juvenile Correctional Facility, Cuyahoga Hills Juvenile Correctional Facility, Freedom Center, Indian River Juvenile Correctional Facility, Marion Juvenile Correctional Facility, Mohican Juvenile Correctional Facility, Ohio River Valley Juvenile Correctional Facility, Scioto Juvenile Correctional Facility, or housed in the private facility the Lighthouse Youth Center, Paint Creek (collectively the DYS facilities).

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Youth Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State

Circleville Youth Center

Cuyahoga Hills Boys School

Freedom Center

Indian River School

Marion Juvenile Correctional Center

Mohican Youth Center

Ohio Department of Youth Services (ODYS)

Ohio River Valley Youth Center

Scioto Juvenile Correctional Center

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Other Dockets:

Southern District of Ohio 2:04-cv-01206

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $113,086.00

Order Duration: 2008 - 2015

Issues

General/Misc.:

Classification / placement

Disciplinary procedures

Education

Personal injury

Search policies

Staff (number, training, qualifications, wages)

Totality of conditions

Affected Sex/Gender(s):

Female

Male

Jails, Prisons, Detention Centers, and Other Institutions:

Assault/abuse by non-staff (facilities)

Assault/abuse by staff (facilities)

Restraints (physical)

Sexual abuse by residents/inmates

Solitary confinement/Supermax (conditions or process)

Strip search policy (facilities)

Medical/Mental Health Care:

Medical care, general

Mental health care, general

Recommended Citation