Case: Liberty v. Rhode Island Department of Corrections

1:19-cv-00573 | U.S. District Court for the District of Rhode Island

Filed Date: Oct. 25, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

On October 25, 2019, detainees with serious and persistent mental illness who were held in solitary confinement—many for prolonged periods of time—filed this putative class action lawsuit along with Disability Rights Rhode Island, the state Protection and Advocacy Agency, in the U.S. District Court for the District of Rhode Island. The plaintiffs sued the Rhode Island Department of Corrections (RIDOC) and its officers under 42 U.S.C. § 1983, the Americans with Disabilities Act, and Section 504 …

On October 25, 2019, detainees with serious and persistent mental illness who were held in solitary confinement—many for prolonged periods of time—filed this putative class action lawsuit along with Disability Rights Rhode Island, the state Protection and Advocacy Agency, in the U.S. District Court for the District of Rhode Island. The plaintiffs sued the Rhode Island Department of Corrections (RIDOC) and its officers under 42 U.S.C. § 1983, the Americans with Disabilities Act, and Section 504 of the Rehabilitation Act, on behalf of themselves and a class of all RIDOC prisoners with severe mental health illnesses, who were or would be subject to solitary confinement. The plaintiffs, represented by Disability Rights Rhode Island and the ACLU National Prison Project, sought class certification and injunctive relief to stop defendants from subjecting them to unconstitutional policies and conditions. The plaintiffs claimed that subjecting hundreds of people to prolonged solitary confinement in tiny, frequently filthy cells where they are kept locked down for 22-24 hours a day for weeks, months, and even years at a time exacerbated prisoners’ mental illness, deprived them of basic human needs, and put them at a substantial risk of serious harm and injury in violation of the Eighth and Fourteenth Amendments. Additionally, plaintiffs claimed that prisoners with disabilities did not have access to or are otherwise denied the benefits of defendants’ programs, services, and activities in violation of the ADA because they are placed into unnecessary solitary confinement—thereby foreclosing their ability to participate. By incarcerating prisoners and detainees with serious and persistent mental illness in solitary confinement, plaintiffs also claimed that defendants failed to meet their obligations under the Rehabilitation Act to provide the most integrated setting appropriate.

On October 28, the case was assigned to Chief Judge William E. Smith. On January 3, 2020, defendants filed their answer along with numerous affirmative defenses, including arguments that the plaintiffs failed to allege sufficient facts to state a claim, that defendants were immune under the Eleventh Amendment and qualified immunity, and that some or all plaintiffs had failed to exhaust their claims. The case was reassigned to Chief Judge John R. McConnell Jr., on February 10, 2020, who replaced Judge Smith as Chief Judge in December of 2019.

On July 6, 2020, the case was referred to Magistrate Judge Patricia A. Sullivan for alternative dispute resolution. The parties continued to engage in discovery alongside mediation for nearly two years.

One of the six named plaintiffs of the putative class passed away on April 7, 2020. The court terminated her claims on June 8, 2022, finding that the type of declaratory and injunctive relief the plaintiff was seeking could not be granted by the court after her passing. 

As the parties came closer to reaching a resolution, the defendants requested a stay of the discovery proceedings pending an agreement. The court granted the motion on December 30, 2022, staying discovery until April 21, 2023. 2022 WL 18024627. The stay was later extended until June 1, 2023. 

As of November 2023, dispute resolution proceedings remain ongoing.

Summary Authors

Claire Shimberg (5/6/2020)

Simran Takhar (11/24/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/16381319/parties/liberty-v-rhode-island-department-of-corrections/


Judge(s)
Attorney for Plaintiff

Adae, Brian (Rhode Island)

Boyer, David A. (Rhode Island)

Attorney for Defendant

Baum, Brenda D. (Rhode Island)

Crespo, Nathalie Marie (Rhode Island)

DeSisto, Marc (Rhode Island)

Expert/Monitor/Master/Other

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Documents in the Clearinghouse

Document

1:19-cv-00573

Docket [PACER]

March 25, 2020

March 25, 2020

Docket
1

1:19-cv-00573

Complaint

Oct. 25, 2019

Oct. 25, 2019

Complaint
126

1:19-cv-00573

Public Order Appointing Rule 706 Expert

Dec. 8, 2022

Dec. 8, 2022

Order/Opinion

2022 WL 2022

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16381319/liberty-v-rhode-island-department-of-corrections/

Last updated March 5, 2024, 3:05 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT ( filing fee paid $ 400.00, receipt number 0103-1432896 ), filed by Charles Kenner, Davis L John, Disability Rights Rhode Island, John DaPonte, Duane Gomes, Charlene Liberty, Adam Hanrahan. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons)(Mulready, Anne) (Entered: 10/25/2019)

1 Civil Cover Sheet

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2 Summons

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3 Summons

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4 Summons

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5 Summons

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Oct. 25, 2019

Oct. 25, 2019

Clearinghouse
2

MOTION for Amy Fettig to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number 0103-1433394 ) filed by All Plaintiffs. (Mulready, Anne) (Entered: 10/25/2019)

Oct. 25, 2019

Oct. 25, 2019

RECAP
3

MOTION for Lauren Kuhlik to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number 0103-1433408 ) filed by All Plaintiffs. (Mulready, Anne) (Entered: 10/25/2019)

Oct. 25, 2019

Oct. 25, 2019

PACER
4

Corporate Disclosure Statement by Disability Rights Rhode Island. (Mulready, Anne) (Entered: 10/25/2019)

Oct. 25, 2019

Oct. 25, 2019

PACER

Order on Motion to Appear Pro Hac Vice

Oct. 28, 2019

Oct. 28, 2019

PACER

Case Assigned/Reassigned

Oct. 28, 2019

Oct. 28, 2019

PACER

Case assigned to Chief Judge William E. Smith and Magistrate Judge Patricia A. Sullivan. (Potter, Carrie)

Oct. 28, 2019

Oct. 28, 2019

PACER
5

CASE OPENING NOTICE ISSUED (Potter, Carrie) (Entered: 10/28/2019)

Oct. 28, 2019

Oct. 28, 2019

RECAP
6

Summons Issued as to All Defendants. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(Potter, Carrie) (Entered: 10/28/2019)

1 Summons

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2 Summons

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3 Summons

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Oct. 28, 2019

Oct. 28, 2019

PACER

TEXT ORDER granting 2 Motion to Appear Pro Hac Vice of Amy Fettig ; granting 3 Motion to Appear Pro Hac Vice of Lauren Kuhlik. So Ordered by Chief Judge William E. Smith on 10/28/2019. (Potter, Carrie)

Oct. 28, 2019

Oct. 28, 2019

PACER
7

Summons Request filed by Disability Rights Rhode Island. (Adae, ) (Entered: 11/01/2019)

Nov. 1, 2019

Nov. 1, 2019

PACER
8

Summons Issued as to Rhode Island Department of Corrections. (Farrell Pletcher, Paula) (Entered: 11/04/2019)

Nov. 4, 2019

Nov. 4, 2019

PACER
9

NOTICE of Appearance by Patrick T. Uiterwyk on behalf of All Plaintiffs (Uiterwyk, Patrick) (Entered: 11/06/2019)

Nov. 6, 2019

Nov. 6, 2019

PACER
10

MOTION for James S. Rollins to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number 0103-1441099 ) filed by All Plaintiffs. (Uiterwyk, Patrick) (Entered: 11/06/2019)

Nov. 6, 2019

Nov. 6, 2019

PACER

Order on Motion to Appear Pro Hac Vice

Nov. 7, 2019

Nov. 7, 2019

PACER

TEXT ORDER granting 10 Motion to Appear Pro Hac Vice of James S. Rollins. So Ordered by Chief Judge William E. Smith on 11/7/2019. (Potter, Carrie)

Nov. 7, 2019

Nov. 7, 2019

PACER
11

SUMMONS Returned Executed by Charles Kenner, John Davis, Disability Rights Rhode Island, John DaPonte, Duane Gomes, Charlene Liberty, Adam Hanrahan. Patricia Coyne-Fague served on 10/30/2019, answer due 11/20/2019. (Adae, ) (Entered: 11/08/2019)

Nov. 8, 2019

Nov. 8, 2019

PACER
12

SUMMONS Returned Executed by Charles Kenner, John Davis, Disability Rights Rhode Island, John DaPonte, Duane Gomes, Charlene Liberty, Adam Hanrahan. Mathew Kettle served on 10/30/2019, answer due 11/20/2019. (Adae, ) (Entered: 11/08/2019)

Nov. 8, 2019

Nov. 8, 2019

PACER
13

SUMMONS Returned Executed by Charles Kenner, John Davis, Disability Rights Rhode Island, John DaPonte, Duane Gomes, Charlene Liberty, Adam Hanrahan. Barry Weiner served on 10/30/2019, answer due 11/20/2019. (Adae, ) (Entered: 11/08/2019)

Nov. 8, 2019

Nov. 8, 2019

PACER
14

SUMMONS Returned Executed by Charles Kenner, John Davis, Disability Rights Rhode Island, John DaPonte, Duane Gomes, Charlene Liberty, Adam Hanrahan. Rhode Island Department of Corrections served on 11/5/2019, answer due 11/26/2019. (Adae, ) (Entered: 11/08/2019)

Nov. 8, 2019

Nov. 8, 2019

PACER
15

NOTICE of Appearance by Brenda D. Baum on behalf of Patricia Coyne-Fague, Mathew Kettle, Rhode Island Department of Corrections, Barry Weiner (Baum, Brenda) (Entered: 11/20/2019)

Nov. 20, 2019

Nov. 20, 2019

PACER
16

NOTICE of Appearance by Michael W. Field on behalf of Patricia Coyne-Fague, Mathew Kettle, Rhode Island Department of Corrections, Barry Weiner (Field, Michael) (Entered: 11/20/2019)

Nov. 20, 2019

Nov. 20, 2019

PACER
17

Assented STIPULATION filed by Patricia Coyne-Fague, Mathew Kettle, Rhode Island Department of Corrections, Barry Weiner. (Baum, Brenda) (Entered: 11/20/2019)

Nov. 20, 2019

Nov. 20, 2019

PACER

Set/Reset Deadlines

Nov. 26, 2019

Nov. 26, 2019

PACER

Order

Nov. 26, 2019

Nov. 26, 2019

PACER

TEXT ORDER Entering 17 Stipulation filed by Mathew Kettle, Rhode Island Department of Corrections, Patricia Coyne-Fague, Barry Weiner. So Ordered by Chief Judge William E. Smith on 11/26/2019. (Jackson, Ryan)

Nov. 26, 2019

Nov. 26, 2019

PACER

Reset Deadlines: Patricia Coyne-Fague answer due 1/3/2020; Mathew Kettle answer due 1/3/2020; Rhode Island Department of Corrections answer due 1/3/2020; Barry Weiner answer due 1/3/2020. (Jackson, Ryan)

Nov. 26, 2019

Nov. 26, 2019

PACER
18

ANSWER to Complaint by Patricia Coyne-Fague, Mathew Kettle, Rhode Island Department of Corrections, Barry Weiner.(Baum, Brenda) (Entered: 01/03/2020)

Jan. 3, 2020

Jan. 3, 2020

RECAP

Order

Jan. 7, 2020

Jan. 7, 2020

PACER

TEXT ORDER: Pursuant to Rule 26 of the Federal Rules of Civil Procedure, the parties are directed to begin their mandatory disclosures immediately, before the Rule 16 conference. To the extent that the parties wish to begin discovery on a cooperative basis prior to the initial conference, they are encouraged to do so. So Ordered by District Judge William E. Smith on 1/7/2020. (Jackson, Ryan)

Jan. 7, 2020

Jan. 7, 2020

PACER
19

Amended ANSWER to Complaint by Patricia Coyne-Fague, Mathew Kettle, Rhode Island Department of Corrections, Barry Weiner.(Baum, Brenda) (Entered: 01/13/2020)

Jan. 13, 2020

Jan. 13, 2020

PACER
20

NOTICE of Hearing: Telephonic Rule 16 Conference scheduled for 2/28/2020 at 9:00 AM before District Judge William E. Smith. The Court will initiate the call. Counsel shall provide Case Manager Ryan Jackson with direct-dial phone numbers, via email, at least 24-hours prior to the conference. (Jackson, Ryan) (Entered: 01/31/2020)

Jan. 31, 2020

Jan. 31, 2020

PACER

Notice of Hearing (Form Attached)

Jan. 31, 2020

Jan. 31, 2020

PACER
21

NOTICE of Hearing: Telephonic Rule 16 Conference scheduled for 2/18/2020 at 9:00 AM before District Judge William E. Smith. The Court will initiate the call. Counsel shall provide Case Manager Ryan Jackson with direct-dial phone numbers, via email, at least 24-hours prior to the conference. (Jackson, Ryan) (Entered: 01/31/2020)

Jan. 31, 2020

Jan. 31, 2020

PACER

Hearing Cancelled

Feb. 10, 2020

Feb. 10, 2020

PACER

Case Assigned/Reassigned

Feb. 10, 2020

Feb. 10, 2020

PACER

Order

Feb. 10, 2020

Feb. 10, 2020

PACER

TEXT ORDER Transferring matter to Chief Judge John J. McConnell for all further proceedings. So Ordered by District Judge William E. Smith on 2/10/2020. (Jackson, Ryan)

Feb. 10, 2020

Feb. 10, 2020

PACER

Case reassigned to Chief Judge John J. McConnell, Jr. District Judge William E. Smith no longer assigned to the case. (Jackson, Ryan)

Feb. 10, 2020

Feb. 10, 2020

PACER

HEARING CANCELLED re: 21 Notice of Telephonic Rule 16 Conference previously scheduled for 2/18/2020 at 9:00 AM before District Judge William E. Smith is hereby CANCELLED (Jackson, Ryan)

Feb. 10, 2020

Feb. 10, 2020

PACER
22

MOTION for an Extension of Time to File Response/Reply to Plaintiffs' First Request for Production of Documents filed by All Defendants. Responses due by 4/6/2020. (Attachments: # 1 Supporting Memorandum, # 2 Exhibit A)(Baum, Brenda) (Entered: 03/23/2020)

1 Supporting Memorandum

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2 Exhibit A

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March 23, 2020

March 23, 2020

PACER

Motions Referred

March 24, 2020

March 24, 2020

PACER

MOTIONS REFERRED: 22 MOTION for an Extension of Time to File Response/Reply to Plaintiffs' First Request for Production of Documents referred for determination to Magistrate Judge Patricia A. Sullivan. (Barletta, Barbara)

March 24, 2020

March 24, 2020

PACER

Order on Motion for Extension of Time to File Response/Reply

March 25, 2020

March 25, 2020

PACER

TEXT ORDER granting 22 Motion for Extension of Time to File Response/Reply. Defendants motion to extend time to respond to Plaintiffs First Request for Production of Documents (ECF No. 22) is granted as follows. Plaintiffs have propounded a massive (87 paragraph) request that will require Defendants to perform electronic and hand searches as well as to interview custodians and other persons; the request also requires that all documents, including paper records, must be converted to specified electronic format. This request was propounded on February 21, 2020, just as this State was entering what has become a state of emergency due to the COVID-19 pandemic. The Court also notes that Rhode Island Department of Corrections (RIDOC) has issued directives limiting facility access based on this emergency. Further, as of this writing, the length of the emergency and its ongoing impact on RIDOC and the ability of Defendants and their attorneys safely to work other than remotely, remains unknown. Also unknown is when the Court will be able to convene the Rule 16 conference for this case, making the date of the Rule 16 an inappropriate marker from which to measure the due date. Based on the foregoing, Defendants time to respond to the pending discovery is hereby extended 60 days to June 1, 2020, and further extensions may be requested for any reason including without limitation the COVID-19 crises. Nevertheless, the Court having previously ordered that discovery may begin before the Rule 16 conference, the Court expects that, before the due date, Defendants will begin rolling production of such documents as may be retrieved with a reasonable effort in an acceptable format consistent with safety of all affected persons and directs that the parties meet and confer regarding the form and focus of such a rolling production. Plaintiffs are cautioned that their approach to the meet and confer process must be cabined by the reality that the Court will not issue discovery orders in this case that will put persons at risk during this time of emergency. So Ordered by Magistrate Judge Patricia A. Sullivan on 3/25/2020. (Saucier, Martha)

March 25, 2020

March 25, 2020

PACER
23

MOTION for Maria V. Morris to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number 0103-1507016 ) filed by All Plaintiffs. (Mulready, Anne) (Entered: 05/29/2020)

May 29, 2020

May 29, 2020

PACER

TEXT ORDER granting 23 Motion to Appear Pro Hac Vice of Maria V Morris. So Ordered by Chief Judge John J. McConnell, Jr. on 5/29/2020. (Potter, Carrie)

May 29, 2020

May 29, 2020

PACER
24

RESPONSE In Opposition to 23 MOTION for Maria V. Morris to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number 0103-1507016 ) filed by All Defendants. Replies due by 6/5/2020. (Baum, Brenda) (Entered: 05/29/2020)

May 29, 2020

May 29, 2020

RECAP

Order on Motion to Appear Pro Hac Vice

May 29, 2020

May 29, 2020

PACER

DOCKET NOTE: The State withdraws the 24 Response to Motion (Barletta, Barbara)

June 1, 2020

June 1, 2020

PACER
25

MOTION for an Extension of Time to Complete Discovery filed by Patricia Coyne-Fague, Mathew Kettle, Rhode Island Department of Corrections, Barry Weiner. Responses due by 6/15/2020. (Baum, Brenda) (Entered: 06/01/2020)

June 1, 2020

June 1, 2020

PACER

Public Docket Note

June 1, 2020

June 1, 2020

PACER

TEXT ORDER: Plaintiffs must file any objection to the State's very reasonable request for an extension by COB today, Tuesday, June 2, 2020 - So Ordered by Chief Judge John J. McConnell, Jr. on 6/2/2020. (Barletta, Barbara)

June 2, 2020

June 2, 2020

PACER
26

STATUS REPORT Letter to Chief Judge McConnell Re Dispute As To Protective Order (pursuant to 5/28/2020 email) by All Plaintiffs. (Attachments: # 1 Exhibit Draft Proposed Protective Order)(Uiterwyk, Patrick) (Entered: 06/02/2020)

1 Exhibit Draft Proposed Protective Order

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June 2, 2020

June 2, 2020

PACER
27

MOTION to Set Rule 16 Conference and Respond to Defendants' Request for Extension of Time re: 25 MOTION for an Extension of Time to Complete Discovery filed by All Plaintiffs. Responses due by 6/16/2020. (Attachments: # 1 Exhibit Declaration of Lauren Kuhlik with Exhibits)(Kuhlik, Lauren) (Entered: 06/02/2020)

1 Exhibit Declaration of Lauren Kuhlik with Exhibits

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June 2, 2020

June 2, 2020

PACER

Order

June 2, 2020

June 2, 2020

PACER

MOTIONS REFERRED: 25 MOTION for an Extension of Time to Complete Discovery, 27 MOTION to Set Rule 16 Conference and Respond to Defendants' Request for Extension of Time re: 25 MOTION for an Extension of Time to Complete Discovery referred for determination to Magistrate Judge Patricia A. Sullivan. (Barletta, Barbara)

June 3, 2020

June 3, 2020

PACER

TEXT ORDER: This case is hereby referred to Magistrate Judge Patricia A. Sullivan to preside over all pretrial and discovery issues - So Ordered by Chief Judge John J. McConnell, Jr. on 6/3/2020. (Barletta, Barbara)

June 3, 2020

June 3, 2020

PACER
28

STATUS REPORT State's Letter to Chief Judge McConnell re Dispute as to Protective Order by Patricia Coyne-Fague, Mathew Kettle, Rhode Island Department of Corrections, Barry Weiner. (Attachments: # 1 Exhibit)(Baum, Brenda) (Entered: 06/03/2020)

1 Exhibit

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June 3, 2020

June 3, 2020

RECAP

Motions Referred

June 3, 2020

June 3, 2020

PACER

Order

June 3, 2020

June 3, 2020

PACER

NOTICE of Hearing:Video Status Conference set for 6/9/2020 at 11:30 AM before Magistrate Judge Patricia A. Sullivan. Invitation and instructions emailed to counsel of record.(Saucier, Martha)

June 4, 2020

June 4, 2020

PACER

Notice of Hearing (Form Attached)

June 4, 2020

June 4, 2020

PACER

Minute Entry for proceedings held before Magistrate Judge Patricia A. Sullivan: Status Conference held on 6/9/2020 with all counsel of record. ( Video Conference at 11:35.) (Saucier, Martha)

June 9, 2020

June 9, 2020

PACER

NOTICE of Hearing:VIDEO Rule 16 Conference set for 6/30/2020 at 10:00 AM before Magistrate Judge Patricia A. Sullivan. Invitation and instructions to video conference emailed to all counsel of record.(Saucier, Martha)

June 9, 2020

June 9, 2020

PACER

Status Conference

June 9, 2020

June 9, 2020

PACER

Notice of Hearing (Form Attached)

June 9, 2020

June 9, 2020

PACER

TEXT ORDER granting 25 Motion for Extension of Time to Complete Discovery. ; granting 27 MOTION to Set Rule 16 Conference and Respond to Defendants' Request for Extension of Time re: 25 MOTION for an Extension of Time to Complete Discovery . Defendants motion to extend time to respond to document request (ECF No. 25) is granted. Plaintiffs motion to set Rule 16 Conference (ECF No. 27) is granted in the Rule 16 conference is now scheduled. Based on the Courts discussion with the parties, the Rule 16 conference for this case will be held on June 30, 2020, at 10 am. In advance of the Rule 16 conference, no later than 5 pm on June 26, 2020, the parties shall file their Rule 26(f) report, which shall include a proposed case management order if the parties agree that one is appropriate, as well as a proposed schedule. To the extent that the parties do not agree on any issue to be discussed at the Rule 16 conference, either may file a separate report. In addition, each party may, but is not required to, file a Rule 16 Statement that briefly addresses the matters listed in DRI LR Cv 16(b). To the extent that the parties have any remaining disagreements regarding the protective order, each shall file a letter stating such positions by 5 pm on June 26, 2020, and, if not decided sooner, the Court will address any such disputes at the Rule 16 conference.. So Ordered by Magistrate Judge Patricia A. Sullivan on 6/10/2020. (Saucier, Martha)

June 10, 2020

June 10, 2020

PACER

Order on Motion for Miscellaneous Relief AND Order on Motion for Extension of Time to Complete Discovery

June 10, 2020

June 10, 2020

PACER

Order on Motion for Extension of Time to Complete Discovery AND Order on Motion for Miscellaneous Relief

June 10, 2020

June 10, 2020

PACER
29

MOTION to Withdraw as Attorney Amy Fettig filed by John DaPonte, John Davis, Disability Rights Rhode Island, Duane Gomes, Adam Hanrahan, Charles Kenner, Charlene Liberty. Responses due by 6/29/2020. (Fettig, Amy) (Entered: 06/15/2020)

June 15, 2020

June 15, 2020

PACER

TEXT ORDER granting 29 Motion to Withdraw as Attorney. Attorney Amy Fettig terminated- So Ordered by Chief Judge John J. McConnell, Jr. on 6/16/2020. (Barletta, Barbara)

June 16, 2020

June 16, 2020

PACER

Order on Motion to Withdraw as Attorney

June 16, 2020

June 16, 2020

PACER

Minute Entry for proceedings held before Magistrate Judge Patricia A. Sullivan: Rule 16 Conference held on 6/30/2020. ( Video Conference at 10:04.) (Saucier, Martha)

June 30, 2020

June 30, 2020

PACER

NOTICE of Hearing: Video Status Conference set for 8/4/2020 at 10:00 AM before Magistrate Judge Patricia A. Sullivan with counsel of record. Instructions for video conference have been emailed to counsel of record. (Saucier, Martha)

June 30, 2020

June 30, 2020

PACER

Rule 16 Conference

June 30, 2020

June 30, 2020

PACER

Notice of Hearing (Form Attached)

June 30, 2020

June 30, 2020

PACER

TEXT PRETRIAL SCHEDULING ORDER: Responses to interrogatories and document requests (including the production of documents) to be substantially complete by 1/15/21; Fact Discovery to close by 6/21/21; Expert disclosures by the party with the burden of proof on the specified issue shall be made by 7/12/21; responsive expert disclosures shall be made by 8/9/21; Any expert disclosure in reply to a responsive disclosure shall be made by August 23, 2021; Expert discovery shall close by 10/4/21; Any dispositive motion shall be filed by 10/18/21; 30 days after a decision on any dispositive motion, or, if no dispositive motion is filed, by 11/8/21, pretrial memoranda and related materials (as directed by the Court) shall be filed. As discussed during the Rule 16 Conference, as soon as practicable, the parties shall meet and confer regarding the array of case management topics identified during the Rule 16 Conference. Subsequent case management orders will issue as needed, including a schedule in connection with class certification. No discovery motions shall be filed until after parties in good faith have tried to resolve the matter. If meet and confer does not resolve the dispute, before any motions are filed, the party must also have an informal conference with the Court, which can be arranged by contacting Magistrate Judge Sullivans case scheduling manager. The Court notes that the current pandemic may pose unique discovery challenges for the parties and will be receptive to appropriate adjustments to this schedule arising from these challenges. So Ordered by Magistrate Judge Patricia A. Sullivan on 7/1/2020. (Leyva, Lucia)

July 1, 2020

July 1, 2020

PACER

TEXT ORDER: The parties shall submit a draft protective order, by email, to the Courts case scheduling manager, by 7/17/20 in accord with the Courts instructions as outlined at the Rule 16 Conference. So Ordered by Magistrate Judge Patricia A. Sullivan on 7/1/2020. (Leyva, Lucia)

July 1, 2020

July 1, 2020

PACER

TEXT ORDER: To continue the case management process for this case, the Court will conduct a status conference on August 4, 2020 at 10:00 a.m. The parties shall be prepared to report on the meet and confer regarding the topics identified at the Rule 16 Conference.So Ordered by Magistrate Judge Patricia A. Sullivan on 7/1/2020. (Leyva, Lucia)

July 1, 2020

July 1, 2020

PACER

Scheduling Order (form attached)

July 1, 2020

July 1, 2020

PACER

Order

July 1, 2020

July 1, 2020

PACER

TEXT ORDER: This case is referred to Magistrate Judge Patricia A. Sullivan for Court annexed mediation governed by the Court's Alternative Dispute Resolution Plan - So Ordered by Chief Judge John J. McConnell, Jr. on 7/6/2020. (Barletta, Barbara)

July 6, 2020

July 6, 2020

PACER

NOTICE of Hearing: Mediation (Video) set for 7/10/2020 at 01:00 PM before Magistrate Judge Patricia A. Sullivan. The invitation and instructions related to this video mediation will be emailed to counsel of record.(Leyva, Lucia)

July 6, 2020

July 6, 2020

PACER

Order

July 6, 2020

July 6, 2020

PACER

Notice of Hearing (Form Attached)

July 6, 2020

July 6, 2020

PACER

Minute Entry for proceedings held before Magistrate Judge Patricia A. Sullivan: Settlement Conference held on 7/10/2020. (Video Conference at 1:00.) (Saucier, Martha)

July 10, 2020

July 10, 2020

PACER

Settlement Conference

July 10, 2020

July 10, 2020

PACER

NOTICE of Hearing: Settlement Conference set for 7/27/2020 at 01:30 PM before Magistrate Judge Patricia A. Sullivan. Invitation and instructions emailed to counsel of record.(Saucier, Martha)

July 16, 2020

July 16, 2020

PACER

Notice of Hearing (Form Attached)

July 16, 2020

July 16, 2020

PACER
30

PROTECTIVE ORDER. So Ordered by Magistrate Judge Patricia A. Sullivan on 7/21/2020. This protective order is entered as an order of the Court based on the Courts various conferences with the parties regarding the protective order, the parties stipulation to its most of its content, and as further ruled upon by the Court.(Saucier, Martha) Modified on 7/21/2020 (Saucier, Martha). Added docket text. (Entered: 07/21/2020)

July 21, 2020

July 21, 2020

RECAP

Minute Entry for proceedings held before Magistrate Judge Patricia A. Sullivan: Settlement Conference held on 7/27/2020. (Video Conference at 1:30.) (Saucier, Martha)

July 27, 2020

July 27, 2020

PACER

NOTICE of Hearing: Settlement Conference set for 8/25/2020 at 02:00 PM before Magistrate Judge Patricia A. Sullivan. Invitation and instructions have been emailed to counsel of record.(Saucier, Martha)

July 27, 2020

July 27, 2020

PACER

Settlement Conference

July 27, 2020

July 27, 2020

PACER

Notice of Hearing (Form Attached)

July 27, 2020

July 27, 2020

PACER

Minute Entry for proceedings held before Magistrate Judge Patricia A. Sullivan: Status Conference held on 8/4/2020. Anne Mulready, Brian Adae, James Rollins, Lauren Kuhik, Maria Morris and Patrick Uiterwyk for plaintiffs; Brenda Baum and Nicole DiLibero for defendants. Court addresses both sides; Both sides address the Court; Court to schedule quarterly status conferences with a status report provided to the Court 5 days prior to conference. ( Video Hearing at 10:04.) (Saucier, Martha)

Aug. 4, 2020

Aug. 4, 2020

PACER

TEXT ORDER: : Based on the discussion with the parties at the status conference held today, the Court will conduct quarterly pretrial status conferences, by zoom, on the record. Five days before each status conference, the parties are ordered to file a joint case management report regarding the status of discovery and any other pretrial issue either side wishes to bring to the Courts attention. So Ordered by Magistrate Judge Patricia A. Sullivan on 8/4/2020. (Saucier, Martha)

Aug. 4, 2020

Aug. 4, 2020

PACER

NOTICE of Hearing: VIDEO Status Conference set for 11/5/2020 at 10:00 AM in Remote Hearing before Magistrate Judge Patricia A. Sullivan with Counsel of record. Invitation and instructions for video conference have been emailed to counsel of record.(Saucier, Martha)

Aug. 4, 2020

Aug. 4, 2020

PACER

Status Conference

Aug. 4, 2020

Aug. 4, 2020

PACER

Order

Aug. 4, 2020

Aug. 4, 2020

PACER

Case Details

State / Territory: Rhode Island

Case Type(s):

Prison Conditions

Disability Rights

Special Collection(s):

Solitary confinement

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 25, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Prisoners and detainees with serious and persistent mental illness who were held in solitary confinement and Disability Rights Rhode Island.

Plaintiff Type(s):

Private Plaintiff

State Plaintiff

Attorney Organizations:

ACLU National Prison Project

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Rhode Island Department of Corrections , State

Defendant Type(s):

Corrections

Case Details

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

Constitutional Clause(s):

Due Process

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Bathing and hygiene

Classification / placement

Conditions of confinement

Pattern or Practice

Sanitation / living conditions

Jails, Prisons, Detention Centers, and Other Institutions:

Administrative segregation

Confinement/isolation

Solitary confinement/Supermax (conditions or process)

Disability and Disability Rights:

Mental impairment

Mental Illness, Unspecified

Discrimination-basis:

Disability (inc. reasonable accommodations)

Medical/Mental Health:

Intellectual disability/mental illness dual diagnosis

Mental health care, general

Suicide prevention

Type of Facility:

Government-run