Case: Doe v. Younger

2:91-cv-00187 | U.S. District Court for the Eastern District of Kentucky

Filed Date: Nov. 21, 1991

Closed Date: 1999

Clearinghouse coding complete

Case Summary

On November 21, 1991, juveniles confined in the Kenton County Detention Center filed a class action lawsuit against Kenton County and the Commonwealth of Kentucky pursuant to 42 U.S.C. § 1983, the Juvenile Justice Act, 42 U.S.C. §§ 5601 et seq., and applicable Kentucky constitutional provisions and statutes. Plaintiffs filed the lawsuit in the United States District Court for the Eastern District of Kentucky and were represented by the Children's Law Center, Inc., Youth Law Center, and Norther…

On November 21, 1991, juveniles confined in the Kenton County Detention Center filed a class action lawsuit against Kenton County and the Commonwealth of Kentucky pursuant to 42 U.S.C. § 1983, the Juvenile Justice Act, 42 U.S.C. §§ 5601 et seq., and applicable Kentucky constitutional provisions and statutes. Plaintiffs filed the lawsuit in the United States District Court for the Eastern District of Kentucky and were represented by the Children's Law Center, Inc., Youth Law Center, and Northern Kentucky Children's Law Center.

Plaintiffs alleged that there were not enough trained personnel at the juvenile facility, which resulted in inadequate supervision. Plaintiffs also alleged that defendant's classification system, medical and mental health care, education, recreation, and religious programming were all insufficient. Further, juveniles were housed in the same facility as adult offenders, and the juveniles could communicate with the adults through the walls, which plaintiffs asserted was in violation of the Juvenile Justice Act. Plaintiffs asserted defendants also violated the Act by placing status or non-offenders in secure detention. Plaintiffs sought declaratory and injunctive relief.

On August 24, 1992, the district court (Judge William O. Bertelsman) reversed defendants' motion to dismiss for failure to state a claim. The court disagreed with defendants who contended that plaintiffs' constitutional claims were too vague and also found that an Eleventh Amendment immunity defense was not applicable to the defendants. On October 21, 1992, the court (Judge Bertelsman) denied the county defendant's motion to amend the record to state that he was being sued in his official capacity only with respect to the Department of Corrections and not as to the Commonwealth of Kentucky. Doe v. Commonwealth, No. 91-187, 1992 WL 672380 (E.D. Ky. Oct. 21, 1992). The court also granted plaintiffs' motion for leave to amend their complaint to add the governor of the Commonwealth as a party.

On January 13, 1993, the district court granted plaintiffs' motion for class certification. On March 22, 1996, the court bifurcated the conditions of confinement issues from the education issues in this case, and a three-day trial followed in April of 1996. On July 26, 1996 the court issued an order holding that confining juveniles who have not been indicted or convicted of a crime for longer than fifteen days violates the right to due process. The order also required that at least two guards, one male and one female, be on duty at all times; however, the court did not require defendants to improve staff training. The court also did not require defendants to develop recreational programming, but it did require that the juveniles be offered at minimum one hour per day for recreation and exercise. The court reserved ruling on fire safety issues and appointed an expert to investigate the facility and report its findings. On the same day, the court issued an amended judgment setting forth the fifteen-day limit, two guard minimum requirement, and one hour daily recreation and exercise requirement stated in the order.

On September 26, 1997, the parties entered into a settlement agreement where defendants agreed to no longer detain youth at the Kenton County Detention Center after March 1, 1999, at which time a new facility for juveniles would open. Both parties agreed to dismiss the case at that point. Defendants also agreed to improve fire safety in the interim by installing smoke detectors in the juveniles' cells and common areas, improving evacuation plans, and having compliance monitoring. The parties did not include education issues as part of the settlement. On December 16, 1997 the court submitted an order approving the parties' settlement agreement.

In a December 16, 1997 opinion and order by the court, the court granted defendants' motion for summary judgment regarding the education issues. The court found that plaintiffs failed to submit any evidence of deficiencies in the educational programs and failed to establish a viable claim against defendants with regard to the basic education provided at the facility. The court also denied plaintiffs' special education claim because of plaintiffs' failure to exhaust administrative remedies. On the same day, with the settlement agreement submitted in regards to conditions of confinement and all educational issues dismissed, the court entered a final judgment on the case. The docket continues until July 26, 1997 with a joint status report submitted to the court.

Summary Authors

Kristen Sagar (11/5/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/9182828/parties/does-v-knauf/


Judge(s)

Bertelsman, William Odis (Kentucky)

Attorney for Plaintiff

Bell, James Raymond (California)

Brooks, Kim (Kentucky)

Attorney for Defendant

Bonar, Barbara D (Kentucky)

Burd, James M. (Kentucky)

show all people

Documents in the Clearinghouse

Document

2:91-cv-00187

Docket [PACER]

Doe(s) v. Knauf

July 26, 1999

July 26, 1999

Docket
34

2:91-cv-00187

Amended Civil Rights Complaint for Declaratory, Injunctive, and other Equitable Relief (Class Action

May 1, 1992

May 1, 1992

Complaint

2:91-cv-00187

Memorandum Opinion

Aug. 24, 1992

Aug. 24, 1992

Order/Opinion

2:91-cv-00187

Order

Doe v. Kentucky

Oct. 21, 1992

Oct. 21, 1992

Order/Opinion
449

2:91-cv-00187

Amended Judgment

July 26, 1996

July 26, 1996

Order/Opinion
447

2:91-cv-00187

Findings of Fact, Conclusions of Law, and Order

July 26, 1996

July 26, 1996

Order/Opinion
462

2:91-cv-00187

Opinion and Order

Sept. 4, 1996

Sept. 4, 1996

Order/Opinion
554

2:91-cv-00187

Settlement Agreement

Oct. 2, 1997

Oct. 2, 1997

Settlement Agreement
562

2:91-cv-00187

Order

Dec. 16, 1997

Dec. 16, 1997

Order/Opinion
564

2:91-cv-00187

Judgment

Dec. 16, 1997

Dec. 16, 1997

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/9182828/does-v-knauf/

Last updated Feb. 15, 2024, 3:17 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT ( 8 summons(es) issued) with copies, Fee Paid $ 120.00, Receipt No. 043306 (Entered: 09/01/1993)

Nov. 21, 1991

Nov. 21, 1991

PACER
17

MOTION w/attached Memorandum in Support by defendant Steven R. Jaeger to dismiss Modified on 12/08/1995 (Entered: 09/01/1993)

Jan. 9, 1992

Jan. 9, 1992

PACER
21

ANSWER by defendant John T. Wigginton to [1-1] Plaintiff's Complaint (Entered: 09/01/1993)

Jan. 23, 1992

Jan. 23, 1992

PACER
23

ANSWER by defendant James Knauf, defendant Kenton Cty Fiscal, defendant Clyde Middleton, defendant Charles Summe, defendant Bernard Moorman, defendant Richard Combs to [1-1] Plaintiff's Complaint; jury demand (Entered: 09/01/1993)

Jan. 28, 1992

Jan. 28, 1992

PACER
32

ORDER by Chief Judge Wm. O. Bertelsman dismissing party Harry J. Cowherd granting motion to dismiss [17-1], dismissing party Steven R. Jaeger, dismissing party Kenton County Fiscal, dismissing party Richard Combs, party Bernard Moorman, party Charles Summe (cc: all counsel) (Entered: 09/01/1993)

April 17, 1992

April 17, 1992

PACER
34

AMENDED COMPLAINT [1-1] by plaintiff John Doe(s), plaintiff Jean Doe(s) terminating defendant John T. Wigginton; adding Corrections Cab KY, Jack Lewis, Secretary (Entered: 09/01/1993)

May 1, 1992

May 1, 1992

Clearinghouse
35

ANSWER by defendant Corrections Cabinet of KY, Jack Lewis to [34-1], Plaintiff's Amended Complaint (Entered: 09/01/1993)

May 14, 1992

May 14, 1992

PACER
37

ANSWER by defendant James Knauf, defendant Clyde Middleton to [34-1] Plaintiff's First Amended Complaint (Entered: 09/01/1993)

May 18, 1992

May 18, 1992

PACER
53

ORDER by Chief Judge Wm. O. Bertelsman Case referred to Mag Judge J. G. Wehrman to supervise discovery and pretrial proceedings, up to and including setting final pretrial conference and trial dates (cc: all counsel) (Entered: 09/01/1993)

Aug. 26, 1992

Aug. 26, 1992

PACER

COMMENT - RF/MAG 636A

Aug. 26, 1992

Aug. 26, 1992

PACER
131

NOTICE OF APPEAL by defendant Corrections Cab KY from Dist. Court decision of Order of 3/19/93 (cc: all counsel) (Entered: 09/01/1993)

April 14, 1993

April 14, 1993

PACER

NOTIFICATION to 6CCA; Short Record Mailed, Appeal Package Mailed to Appellant, Copy of Docket Sheet to Parties; [131-1] (cc: all counsel)

April 14, 1993

April 14, 1993

PACER

COMMENT - IPP/4/14/93

April 14, 1993

April 14, 1993

PACER

TRANSMISSION FORM - Copy of docket sheets, Judge's Order of 3/19/93; Notice of Appeal of 4/14/93 mailed to: 6thCCA, Kimberly A. Brooks/C. McGehee Isaacs, Mr. James Bell, Suzanne D. Cordery, C. Thomas Hectus/W. Kenneth Nevitt and John Elfers.

April 20, 1993

April 20, 1993

PACER
132

TRANSCRIPT filed of Hearing before Wm. O. Bertelsman, Chief Judge Date(s) of transcript 3/1/93 at 9:00 a.m. (Entered: 09/02/1993)

April 20, 1993

April 20, 1993

PACER
133

ORDER OF REFERENCE by Chief Judge Wm. O. Bertelsman, reaching the conclusion that judicial economy and efficiency would be best served by referring the motions for leave to take additonal depositions to Hon. J. Gregory Wehrman pursuant to 28 U.S.C. 636(b)(1)(A) (cc: all counsel) (Entered: 09/02/1993)

April 21, 1993

April 21, 1993

PACER
136

NOTIFICATION by 6CCA of Appellate Docket Number 93-5556 (Entered: 09/02/1993)

April 28, 1993

April 28, 1993

PACER
157

ORDER by Chief Judge Wm. O. Bertelsman status hearing (status conference) set for 3:00 10/8/93 (cc: all counsel) (Entered: 09/02/1993)

Aug. 24, 1993

Aug. 24, 1993

PACER
158

MOTION by plaintiff John Doe(s), plaintiff Jean Doe(s) for leave to take additional depositions (Entered: 09/02/1993)

Aug. 30, 1993

Aug. 30, 1993

PACER
159

MEMORANDUM OF POINTS AND AUTHORITIES by plaintiff John Doe(s), plaintiff Jean Doe(s) in support of motion for leave to take additional depositions [158-1] (Entered: 09/02/1993)

Aug. 30, 1993

Aug. 30, 1993

PACER
160

RESPONSE by defendant Corrections Cabinet of KY, Jack Lewis, Commissioner, to motion for leave to take additional depositions [158-1] (Entered: 09/10/1993)

Sept. 10, 1993

Sept. 10, 1993

PACER
161

RESPONSE by defendant James Knauf, defendant Clyde Middleton to motion for leave to take additional depositions [158-1] by Plaitniffs' John and Jean Doe (Entered: 09/13/1993)

Sept. 13, 1993

Sept. 13, 1993

PACER
162

ORDER by Mag Judge J. G. Wehrman telephone onference set for 10:00 9/22/93 on pending motion (cc: all counsel) (Entered: 09/15/1993)

Sept. 14, 1993

Sept. 14, 1993

PACER
163

ORDER by Mag Judge J. G. Wehrman pretrial conference held 9/22/93 denying motion for leave to take additional depositions [158-1] (cc: all counsel) (Entered: 09/22/1993)

Sept. 22, 1993

Sept. 22, 1993

PACER
164

TRANSCRIPT filed of Hearing before Chief Judge Wm. O. Bertelsman Date(s) of transcript 8/20/93 at 1:30p.m. (Entered: 09/28/1993)

Sept. 28, 1993

Sept. 28, 1993

PACER
165

MOTION by James Bell, counsel for plaintiff John Doe(s), and plaintiff Jean Doe(s) for appearance by Telephone (Entered: 10/04/1993)

Oct. 4, 1993

Oct. 4, 1993

PACER

SUBMITTED re motion for appearance by Telephone [165-1] is submitted

Oct. 4, 1993

Oct. 4, 1993

PACER
166

ORDER by Chief Judge Wm. O. Bertelsman granting motion for appearance by Telephone [165-1] (cc: all counsel) (Entered: 10/05/1993)

Oct. 5, 1993

Oct. 5, 1993

PACER
167

RESPONSE by defendant, Jack Lewis, Corrections Cabinet of KY to Motion of Plaintiff's Coounsel, James Bell to appear by telephone (Entered: 10/06/1993)

Oct. 6, 1993

Oct. 6, 1993

PACER
168

MOTION by Official Defendant James Knauf, Official Defendant Clyde Middleton to compel production of documents from U.S. Marshal's Service. (Entered: 10/08/1993)

Oct. 8, 1993

Oct. 8, 1993

PACER

SUBMITTED re motion to compel production of documents from U.S. Marshal's Service. [168-1] is submitted

Oct. 8, 1993

Oct. 8, 1993

PACER
169

ORDER by Chief Judge Wm. O. Bertelsman denying motion to compel production of documents from U.S. Marshal's Service. [168-1]; Parties are to submit to the undersigned a Consent Decree, properly executed and approved, on or before November 15, 1993. (cc: all counsel) (Entered: 10/12/1993)

Oct. 12, 1993

Oct. 12, 1993

PACER
170

NOTICE TO THE COURT FOR PURPOSES OF CLARIFICATION IN CONNECTION WITH COURT'S ORDERS ENTERED JULY 28, 1993, AUGUST 24, L993 and OCTOBER 12, L993 by defendant Corrections Cab KY (Entered: 10/21/1993)

Oct. 20, 1993

Oct. 20, 1993

PACER

REMARK - Kim Brooks advised Judge's Secretary that parties need until Thursday, November l8th to submit Consent Decree

Nov. 15, 1993

Nov. 15, 1993

PACER
171

TRANSCRIPT filed of Status Conference before Wm. O. Bertelsman, Chief Judge Date(s) of transcript 10/8/93 at 3:00 p.m. (Entered: 11/16/1993)

Nov. 16, 1993

Nov. 16, 1993

PACER
172

STIPULATION and ORDER of Parties by Chief Judge Wm. O. Bertelsman : The Notice of Class Action lawsuit to Plaintiffs will be removed from the Courthouse Building dismissing case (cc: all counsel) (Entered: 11/22/1993)

Nov. 19, 1993

Nov. 19, 1993

PACER
173

CERTIFIED COPY of 6CCA Order: (cc: all counsel) dismissing the appeal [131-1] (Entered: 12/09/1993)

Dec. 9, 1993

Dec. 9, 1993

PACER
174

ATTORNEY APPEARANCE for defendant Corrections Cab KY by Mark A. Sipek (Entered: 12/14/1993)

Dec. 14, 1993

Dec. 14, 1993

PACER
175

MOTION by plaintiff John Doe(s), plaintiff Jean Doe(s) for attorney fees before Mag Judge J. G. Wehrman (Entered: 12/20/1993)

Dec. 20, 1993

Dec. 20, 1993

PACER
176

MEMORANDUM by plaintiff John Doe(s), plaintiff Jean Doe(s) in support of motion for attorney fees before Mag Judge J. G. Wehrman [175-1] (Entered: 12/20/1993)

Dec. 20, 1993

Dec. 20, 1993

PACER
177

STIPULATION re [175-1] that parties by counsel stipulate that both County and State Defendants have until January 24, l994 to respond to plaintiff's Motion for Attorneys Fees. (Entered: 01/07/1994)

Jan. 7, 1994

Jan. 7, 1994

PACER
178

MOTION by plaintiff John Doe(s), plaintiff Jean Doe(s) to supplement Motion for Attorney Fees (Entered: 01/07/1994)

Jan. 7, 1994

Jan. 7, 1994

PACER
179

AFFIDAVIT of MICHAEL O'HARA re [175-1] (Entered: 01/07/1994)

Jan. 7, 1994

Jan. 7, 1994

PACER

SUBMITTED re motion to supplement Motion for Attorney Fees [178-1], re motion for attorney fees before Mag Judge J. G. Wehrman [175-1] is submitted

Jan. 7, 1994

Jan. 7, 1994

PACER
180

AMENDED STIPULATION Pursuant to LR 6(b)(1)(A) by counsel for parties that because of inclement weather conditions, both county and state defendants have up to and including Friday, 1/28/94 in which to respond to plf's motion for attorneys' fees, memorandum in support with appendix. (Entered: 01/24/1994)

Jan. 24, 1994

Jan. 24, 1994

PACER
181

RESPONSE by defendant James Knauf and defendant Clyde Middleton to Plaintiffs' motion for attorney fees before Mag Judge J. G. Wehrman [175-1] (Attached in separate envelope). Modified on 01/31/1994 (Entered: 01/31/1994)

Jan. 28, 1994

Jan. 28, 1994

PACER
182

RESPONSE by defendant Jack Lewis, Commissioner, Corrections Cab KY to Plaintiffs' motion for attorney fees before Mag Judge J. G. Wehrman [175-1] (Attached in separate envelope). (Entered: 01/31/1994)

Jan. 31, 1994

Jan. 31, 1994

PACER
183

ORDER by Chief Judge Wm. O. Bertelsman granting motion to supplement Motion for Attorney Fees [178-1] referring to Mag Judge J. G. Wehrman the motion for attorney fees before Mag Judge J. G. Wehrman [175-1] pursuant to 28 U.S.C. Section 636(b). (cc: all counsel) (Entered: 02/09/1994)

Feb. 8, 1994

Feb. 8, 1994

PACER
184

MOTION by plaintiff John Doe(s), plaintiff Jean Doe(s) to extend time before Mag Judge J. G. Wehrman (Entered: 02/09/1994)

Feb. 8, 1994

Feb. 8, 1994

PACER

SUBMITTED re motion to extend time before Mag Judge J. G. Wehrman [184-1], re motion for attorney fees before Mag Judge J. G. Wehrman [175-1] is submitted

Feb. 9, 1994

Feb. 9, 1994

PACER
185

ORDER by Mag Judge J. G. Wehrman granting motion to extend time before Mag Judge J. G. Wehrman [184-1]. Plaintiff's reply / brief is due on or before 2/16/94. (cc: all counsel) (Entered: 02/10/1994)

Feb. 10, 1994

Feb. 10, 1994

PACER

------------------------------------------------------ V O L U M E 6 ------------------------------------------------------

Feb. 16, 1994

Feb. 16, 1994

PACER
186

REPLY MEMORANDUM IN SUPPORT OF PLAINTIFFS' FEE APPLICATION by plaintiff John Doe(s) and plaintiff Jean Doe(s) re [175-1], Plaintiff's Motion for Attorney Fees. (Entered: 02/16/1994)

Feb. 16, 1994

Feb. 16, 1994

PACER
187

ORDER by Mag Judge J. G. Wehrman setting motion for attorney fees before Mag Judge J. G. Wehrman [175-1] by oral argument on March 25, l994 at 9:30 a.m.; (cc: all counsel) (Entered: 02/25/1994)

Feb. 25, 1994

Feb. 25, 1994

PACER
188

ORDER by Mag Judge J. G. Wehrman: Oral argument on motion for attorney fees before Mag Judge J. G. Wehrman [175-1] set for March 25, l994 at 9:30 a.m. is VACATED and a telephonic status conference is set for 11:30 3/25/94 . (cc: all counsel) Modified on 03/22/1994 (Entered: 03/22/1994)

March 22, 1994

March 22, 1994

PACER
189

ATTORNEY SUBSTITUTION: terminating attorney Suzanne D. Cordery for Corrections Cab KY (Jack Lewis, Commissioner) and substituting attorney Barbara W. Jones (Entered: 03/24/1994)

March 24, 1994

March 24, 1994

PACER
190

ORDER by Mag Judge J. G. Wehrman: In lieu of oral argument scheduled--telephonic status hearing held 3/25/94 . (1) Parties to submit briefs on the legislataion passed, if any, regarding the requirements of the Juvenile Justice and Delinquency Prevention Act (JJDPA), including appropriate funding allocations-- reply / brief due 4/15/94, and (2) Oral Arguments in-court hearing set for 9:30 5/12/94 to be held on the General Assembly legislative enactments, if necessary, and plaintiffs' request for attorney fees. (cc: all counsel) (Entered: 03/28/1994)

March 25, 1994

March 25, 1994

PACER
191

ORDER by Mag Judge J. G. Wehrman; An impromptu telephone status conference was held on April 4, 1994. Counsel advised that the Kentucky General Assembly passed no legislation concerning juvenile facilities as contemplated in the tentative settlement agreement in this litigation; (1) A follow-up status hearing is set for 3:30 4/18/94; (2) paragraph 1 of the order filed March 25, 1994 regarding submission of briefs is VACATED. (cc: all counsel) (Entered: 04/04/1994)

April 4, 1994

April 4, 1994

PACER
192

ORDER by Mag Judge J. G. Wehrman (A telephonic status hearing held 4/18/94, and (1) Plainiff's (legal Memorandum ) response / brief due 5/9/94; Defendant's (reply memoranda) reply / brief due 5/31/94, and (2) (Oral argument) in-court hearing is VACATED on 4/18/94; (3) Counsel for the Corrections Cabinet is to advise the Court whether juvenile facility funding was passed in the Special Session of the Ky General Assembly. (cc: all counsel) (Entered: 04/19/1994)

April 18, 1994

April 18, 1994

PACER
193

BRIEF FILED (MEMORANDA) by plaintiff John Doe(s) and plaintiff Jean Doe(s) regarding [192-1] (Entered: 05/09/1994)

May 9, 1994

May 9, 1994

PACER
194

MOTION by defendant Corrections Cab KY (Jack Lewis) for leave to hold in abeyance the briefing schedule before Mag Judge J. G. Wehrman (Entered: 05/25/1994)

May 25, 1994

May 25, 1994

PACER

SUBMITTED re motion for leave to hold in abeyance the briefing schedule before Mag Judge J. G. Wehrman [194-1] is submitted

May 25, 1994

May 25, 1994

PACER
195

RESPONSE by plaintiff Jean Doe(s), plaintiff John Doe(s) to motion for leave to hold in abeyance the briefing schedule before Mag Judge J. G. Wehrman [194-1] (Entered: 05/31/1994)

May 27, 1994

May 27, 1994

PACER
196

ORDER by Mag Judge J. G. Wehrman (1) granting motion for leave to hold in abeyance the briefing schedule, or more specifically to delay the filing of its brief before Mag Judge J. G. Wehrman [194-1]; (2) Within (ten(10) days after conclusion of the special session of the Kentucky General Assembly, counsel shall submit to court and parties a copy of juvenile funding, if any; (3) in the event the Kentucky General Assembly passes juvenile legislation, the court will convene a telephone conference; (4) In the event the Kentucky General Assembly fails to pass juvenile legislation, the Corrections Cabinet shall submit its legal memorandum within ten (10) days of the closing of the special legislative session. (cc: all counsel) (Entered: 06/02/1994)

June 2, 1994

June 2, 1994

PACER

REMARK - Phone call today with Kim Brooks and Mark Sipek re: phone conference between Kim Brooks and Barbara Jones. Special legislative session to start June 6, 1994, previous order of 6/1/94 to stand.

June 2, 1994

June 2, 1994

PACER
197

NOTICE Of Special Session Call by defendant Corrections Cabinet KY of the Governor's call for the special session scheduled to begin June 6, 1994. (Entered: 06/03/1994)

June 3, 1994

June 3, 1994

PACER
198

JOINT RESPONSE by defendant Corrections Cab KY and Official Defendant Clyde Middleton to [192-4] and 196, Court's Orders of April 18, 1994 and June 2, 1994. (Entered: 07/06/1994)

July 5, 1994

July 5, 1994

PACER
199

ORDER by Mag Judge J. G. Wehrman; response / brief satisfied 7/5/94; reply / brief satisfied 7/5/94, and ; status hearing (oral argument) is set for 9:30 7/22/94 (cc: all counsel) (Entered: 07/13/1994)

July 13, 1994

July 13, 1994

PACER
200

REPORT AND RECOMMENDATION concerning motion for attorney fees before Mag Judge J. G. Wehrman [175-1] by Mag Judge J. G. Wehrman; responses to the R R due within 10 days of service or further appeal is waived (cc: all counsel) (Entered: 07/28/1994)

July 27, 1994

July 27, 1994

PACER
201

STATUS REPORT (letter form) by plaintiff Jean Doe(s), plaintiff John Doe(s) (Entered: 08/09/1994)

Aug. 8, 1994

Aug. 8, 1994

PACER

SUBMITTED re motion REPORT AND RECOMMENDATION [200-1], re motion for attorney fees before Mag Judge J. G. Wehrman [175-1] is submitted

Aug. 9, 1994

Aug. 9, 1994

PACER
202

ORDER by Chief Judge Wm. O. Bertelsman; (1) Case reopened for statistical purposes; status hearing was rescheduled 8/23/94; (2) adopting REPORT AND RECOMMENDATION [200-1] as the findings of fact and conclusions of law of this court; (3) denying as moot motion for attorney before Mag Judge J. G. Wehrman [175-1]; (4) That the plaintiffs' claims under the Juvenile Justice and Delinquency Prevent Act be, and they are, dismissed sua sponte; and (5) that a status conference hearing is hereby set for Thursday, 2:00 9/1/94. (cc: all counsel) (Entered: 08/24/1994)

Aug. 23, 1994

Aug. 23, 1994

PACER
203

ORDER by Chief Judge Wm. O. Bertelsman; counsel having a conflict with regard to the status conference set on 9/1/94 at 2:00; the status hearing (conference) is now set for Thursday, 1:00 9/8/94. (cc: all counsel) (Entered: 08/29/1994)

Aug. 29, 1994

Aug. 29, 1994

PACER
204

ORDER by Chief Judge Wm. O. Bertelsman ; status hearing held 9/8/94, and (1) Plaintiffs shall file a response / brief (preliminary brief) on or before 10/21/94; Defendant's reply / brief is due on or before 11/21/94; (2) All discovery shall be completed on or before 10/31/94; (3) All tours of the detention facility must be completed by 11/15/94; (4) All expert reports shall be exchanged by 12/15/94; (5) All counsel must file a detailed status report regarding settlement negotiations on or before February 1, 1995; (6) That all parties and their counsel must make a good faith effort to obtain a Consent Decree. (cc: all counsel) (Entered: 09/13/1994)

Sept. 12, 1994

Sept. 12, 1994

PACER
205

ATTORNEY SUBSTITUTION: terminating attorney Mark A. Sipek for Corrections Cab KY and substituting attorney Keith D. Hardison (Entered: 09/19/1994)

Sept. 19, 1994

Sept. 19, 1994

PACER
206

NOTICE OF COMPLIANCE by defendant Corrections Cab KY, Jack C. Lewis in accordance with the agreement of parties at the 9/8/94 pretrial conference hereby files their updated documents. (Entered: 10/03/1994)

Oct. 3, 1994

Oct. 3, 1994

PACER
207

BRIEF (PRELIMINARY MEMORANDUM) FILED by plaintiff Jean Doe(s) and plaintiff John Doe(s) (Entered: 10/21/1994)

Oct. 21, 1994

Oct. 21, 1994

PACER
208

TRANSCRIPT filed of Hearing held before William O. Bertelsman Date(s) of transcript 9/8/94 (LMB) (Entered: 10/26/1994)

Oct. 26, 1994

Oct. 26, 1994

PACER
209

RESPONSE by Official Defendant Clyde Middleton to Plaintiffs' Updated Discovery Requests. (Entered: 11/02/1994)

Oct. 31, 1994

Oct. 31, 1994

PACER
210

LETTER to all Counsel by Chief Judge, William O. Bertelsman with a copy of a letter that was received from Janie Nordloh of Exodus, A Jail Ministry, w/attached Article from the Kentucky Post. (Entered: 11/10/1994)

Nov. 10, 1994

Nov. 10, 1994

PACER
211

ORDER by Chief Judge Wm. O. Bertelsman; On November 10, 1994, an unscheduled status conference was held in this matter. It Is Ordered (1) That plfs are permitted up to and including November 21, 1994 in which to amend their complaint; (2) That the parties are to only ask about brief factual questions that don't call for a statement of opinion of people in their area of knowledge while touring the facilities. (cc: all counsel) (Entered: 11/15/1994)

Nov. 14, 1994

Nov. 14, 1994

PACER
212

MOTION by plaintiff Jean Doe(s), plaintiff John Doe(s) to amend original complaint and add additional defendants. (Entered: 11/16/1994)

Nov. 16, 1994

Nov. 16, 1994

PACER
213

SECOND AMENDED COMPLAINT [1-1], [34-1] by plaintiff Jean Doe(s), plaintiff John Doe(s); adding Covington Independent Pubic Schools and Richard Howard, Interim Superintendent in his official capacity. (Entered: 11/16/1994)

Nov. 16, 1994

Nov. 16, 1994

PACER

SUMMONS issued as to defendant Covington Independent Pubic Schools and Richard Howard, Superintendant Covington, Independent Public Schools.

Nov. 17, 1994

Nov. 17, 1994

PACER

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Nov. 17, 1994

Nov. 17, 1994

PACER
214

RETURN OF SERVICE executed upon Official Defendant Richard . Howard on 11/18/94 (Entered: 11/21/1994)

Nov. 18, 1994

Nov. 18, 1994

PACER
215

RESPONSE by Official Defendant Clyde Middleton and Official Defendant James Knauf to [207-1] Plaintiffs' Preliminary Memorandum. (Entered: 11/22/1994)

Nov. 21, 1994

Nov. 21, 1994

PACER
216

RESPONSE by defendant, Jack Lewis, Commissioner of the Corrections Cab KY to [207-1] Plaintiffs' Preliminary Memorandum. (Entered: 11/22/1994)

Nov. 22, 1994

Nov. 22, 1994

PACER
217

ORDER by Chief Judge Wm. O. Bertelsman denying motion to amend original complaint and add additional defendants. [212-1] (cc: all counsel) (Entered: 11/23/1994)

Nov. 23, 1994

Nov. 23, 1994

PACER
218

NOTICE (RE-CERTIFICATION) by defendant Corrections Cab KY of remailing Def's Response to Plfs' Preliminary Memorandum due to insufficient address. (Entered: 11/30/1994)

Nov. 30, 1994

Nov. 30, 1994

PACER
219

ANSWER by Official Defendant Clyde Middleton and Official Defendant James Knauf to [213-1] Plaintiff's Second Amended Complaint; jury demand (Entered: 12/05/1994)

Dec. 5, 1994

Dec. 5, 1994

PACER
220

AGREED ORDER by Chief Judge Wm. O. Bertelsman and by agreement of parties, by counsel: (1) Plfs be allowed to depose no more than (5) jail staff personnel so that experts may complete their reports; (2) That all experts reports shall be exchanged by January 23, 1995; (3) Counsel must confer in an attempt to enter into a Consent Decree and file a reply / brief (status report) on or before 2/15/95 and (4) That all parties and their counsel must make a good faith effort to obtain a Consent Decree. (cc: all counsel) (Entered: 12/05/1994)

Dec. 5, 1994

Dec. 5, 1994

PACER
221

DEPOSITION of Sue Tolle taken on the following date(s): December 15, 1994 by: Plaintiffs (SEP. VOL.) (Entered: 02/03/1995)

Feb. 3, 1995

Feb. 3, 1995

PACER
222

DEPOSITION of Wilma Jones taken on the following date(s): December 15, 1994 by: Plaintiffs (SEP. VOL.) (Entered: 02/03/1995)

Feb. 3, 1995

Feb. 3, 1995

PACER
223

DEPOSITION of Clara Fister taken on the following date(s): January 5, 1995 by: Plaintiffs (SEP. VOL.) (Entered: 02/03/1995)

Feb. 3, 1995

Feb. 3, 1995

PACER
224

DEPOSITION of Gary V. Sinclair taken on the following date(s): January 6, 1995 by: Plaintiffs (SEP. VOL.) (Entered: 02/03/1995)

Feb. 3, 1995

Feb. 3, 1995

PACER
225

ANSWER by defendant Covington Indendent Public Schools and Official Defendant Richard Howard to [213-1] Plaintiffs' Second Amended Complaint; jury demand (Entered: 02/03/1995)

Feb. 3, 1995

Feb. 3, 1995

PACER
226

STATUS REPORT (PLAN FOR SETTLEMENT) by plaintiff Jean Doe(s) and plaintiff John Doe(s) (Entered: 02/15/1995)

Feb. 15, 1995

Feb. 15, 1995

PACER
227

STATUS REPORT by defendant Covington Independent Public Schools and Official Defendant Richard Howard (Entered: 02/15/1995)

Feb. 15, 1995

Feb. 15, 1995

PACER
228

STATUS REPORT by Official Defendant Clyde Middleton and Official Defendant James Knauf (Entered: 02/16/1995)

Feb. 15, 1995

Feb. 15, 1995

PACER

Case Details

State / Territory: Kentucky

Case Type(s):

Juvenile Institution

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Nov. 21, 1991

Closing Date: 1999

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Juveniles confined in the Kenton County Detention Center

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

The Commonwealth of Kentucky, State

Kenton County Detention Center (Kenton), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Juvenile Justice Act, 42 U.S.C. § 5672

State law

Constitutional Clause(s):

Due Process

Freedom of speech/association

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1996 - 1999

Issues

General:

Classification / placement

Disciplinary procedures

Education

Fire safety

Recreation / Exercise

Religious programs / policies

Sanitation / living conditions

Staff (number, training, qualifications, wages)

Totality of conditions

Jails, Prisons, Detention Centers, and Other Institutions:

Disciplinary segregation

Youth / Adult separation

Assault/abuse by staff (facilities)

Assault/abuse by non-staff (facilities)

Affected Sex or Gender:

Male

Medical/Mental Health:

Medical care, general

Mental health care, general

Type of Facility:

Government-run