Case: Melvin C. v. Shilling

1:91-cv-00497 | U.S. District Court for the District of Maryland

Filed Date: Feb. 22, 1991

Closed Date: 1995

Clearinghouse coding complete

Case Summary

On February 22, 1991, Melvin C., an indigent minor in a Maryland Correctional Facility, filed a class action lawsuit under 42 U.S.C. § 1983, in the United States District Court for the District of Maryland. Plaintiff, along with 3 others, brought suit in forma paupris on behalf of themselves and all those similarly situated, seeking declaratory and injunctive relief against the Department of Education and the Department of Corrections for failure to provide special education and related service…

On February 22, 1991, Melvin C., an indigent minor in a Maryland Correctional Facility, filed a class action lawsuit under 42 U.S.C. § 1983, in the United States District Court for the District of Maryland. Plaintiff, along with 3 others, brought suit in forma paupris on behalf of themselves and all those similarly situated, seeking declaratory and injunctive relief against the Department of Education and the Department of Corrections for failure to provide special education and related services to all eligible youths confined in Maryland's ten adult correctional facilities. The class was later represented by the Public Justice Center, Inc. Specifically the suit alleges a violation of the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1401 et seq., ("IDEA"), which provides for special education for all mentally disabled or impaired children, ages three to twenty-one.

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

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

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

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

Summary Authors

Greg Venker (5/18/2006)

People


Judge(s)

Blake, Catherine C. (Maryland)

Attorney for Plaintiff

Chapman, Jerome I. (District of Columbia)

Attorney for Defendant

Curran, John Joseph Jr. (Maryland)

Fletcher-Hill, Lawrence Paul (Maryland)

Goedert, Joann Grozuczak (Maryland)

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Documents in the Clearinghouse

Document

1:91-cv-00497

Docket [PACER]

June 6, 1995

June 6, 1995

Docket
1

1:91-cv-00497

Complaint for Declaratory and Injunctive Relief

Feb. 22, 1991

Feb. 22, 1991

Complaint
77

1:91-cv-00497

Stipulation of Dismissal Without Prejudice on Conditions

June 9, 1993

June 9, 1993

Pleading / Motion / Brief

Docket

Last updated March 23, 2024, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed; (mdd, Deputy Clerk) (Entered: 02/27/1991)

Feb. 22, 1991

Feb. 22, 1991

2

MOTION by Plaintiff Melvin C. to Proceed in Forma Pauperis (mdd, Deputy Clerk) (Entered: 02/27/1991)

Feb. 22, 1991

Feb. 22, 1991

3

MOTION by Plaintiff Arthur W. to Proceed in Forma Pauperis (mdd, Deputy Clerk) (Entered: 02/27/1991)

Feb. 22, 1991

Feb. 22, 1991

4

MOTION by Plaintiff Billy D. to Proceed in Forma Pauperis (mdd, Deputy Clerk) (Entered: 02/27/1991)

Feb. 22, 1991

Feb. 22, 1991

5

MOTION by Plaintiff Scott C. to Proceed in Forma Pauperis (mdd, Deputy Clerk) (Entered: 02/27/1991)

Feb. 22, 1991

Feb. 22, 1991

6

MOTION with memorandum in support by Melvin C., Arthur W., Billy D., Scott C. to proceed Anonymously , and to Seal Court Documents (mdd, Deputy Clerk) (Entered: 02/27/1991)

Feb. 22, 1991

Feb. 22, 1991

7

AFFIDAVIT by Melvin C. Re: Indigency (SEALED) (mdd, Deputy Clerk) Modified on 02/28/1991 (Entered: 02/27/1991)

Feb. 22, 1991

Feb. 22, 1991

8

AFFIDAVIT by Arthur W. Re: Indigency (SEALED) (mdd, Deputy Clerk) Modified on 02/28/1991 (Entered: 02/27/1991)

Feb. 22, 1991

Feb. 22, 1991

9

AFFIDAVIT by Billy D. Re: Indigency (SEALED) (mdd, Deputy Clerk) Modified on 02/28/1991 (Entered: 02/27/1991)

Feb. 22, 1991

Feb. 22, 1991

10

AFFIDAVIT by Scott C. Re: Indigency (SEALED) (mdd, Deputy Clerk) Modified on 02/28/1991 (Entered: 02/27/1991)

Feb. 22, 1991

Feb. 22, 1991

11

ORDER (dated 2/25/91) granting [5-1] motion of Plaintiff Scott C. to Proceed in Forma Pauperis signed by Judge John R. Hargrove ) (mdd, Deputy Clerk) Modified on 02/28/1991 (Entered: 02/27/1991)

Feb. 25, 1991

Feb. 25, 1991

12

ORDER (dated 2/25/91) granting [4-1] motion of Plaintiff Billy D. to Proceed in Forma Pauperis signed by Judge John R. Hargrove ) (mdd, Deputy Clerk) Modified on 02/28/1991 (Entered: 02/27/1991)

Feb. 25, 1991

Feb. 25, 1991

13

ORDER (dated 2/25/91) granting [3-1] motion of Plaintiff Arthur W. to Proceed in Forma Pauperis signed by Judge John R. Hargrove ) (mdd, Deputy Clerk) Modified on 02/28/1991 (Entered: 02/27/1991)

Feb. 25, 1991

Feb. 25, 1991

14

ORDER (dated 2/25/91) granting [2-1] motion of Plaintiff Melvin C. to Proceed in Forma Pauperis signed by Judge John R. Hargrove ) (mdd, Deputy Clerk) Modified on 02/28/1991 (Entered: 02/27/1991)

Feb. 25, 1991

Feb. 25, 1991

15

SUMMONS(ES) issued for Joseph L. Schilling, Richard J. Steinke, John Linton, Helen Miller, Henrietta Hestick, Bishop L. Robinson, Richard Lanham, Harold D. Jenkins (mdd, Deputy Clerk) Modified on 02/28/1991 (Entered: 02/27/1991)

Feb. 25, 1991

Feb. 25, 1991

16

ORDER (2/25/91) granting [6-1] motion of Plaintiffs to proceed Anonymously granting [6-2] motion of Plaintiffs to Seal Court Documents as therein setforth. (c/m 2/26/91, daf) ( signed by Judge John R. Hargrove ) (mdd, Deputy Clerk) (Entered: 02/27/1991)

Feb. 25, 1991

Feb. 25, 1991

17

MOTION with memorandum in support by Defendants Joseph L. Schilling, Richard J. Steinke, John Linton, Helen Miller, Henrietta Hestick, Bishop L. Robinson, Richard Lanham, Harold D. Jenkins to Dismiss , Request for Hearing. (c/s) (mdd, Deputy Clerk) (Entered: 03/18/1991)

March 18, 1991

March 18, 1991

18

RETURN OF SERVICE executed as to Joseph L. Schilling, Richard J. Steinke, John Linton, Helen Miller, Henrietta Hestick, Bishop L. Robinson, Richard Lanham, Harold D. Jenkins 2/25/91 Answer due on 3/18/91 for Harold D. Jenkins, for Richard Lanham, for Bishop L. Robinson, for Henrietta Hestick, for Helen Miller, for John Linton, for Richard J. Steinke, for Joseph L. Schilling (mdd, Deputy Clerk) (Entered: 03/19/1991)

March 19, 1991

March 19, 1991

19

MOTION by Plaintiffs Melvin C., Arthur W., Billy D., Scott C. to Extend Time to File Opposition to Motion of Defendants to Dismiss (mdd, Deputy Clerk) (Entered: 04/03/1991)

April 2, 1991

April 2, 1991

21

MEMORANDUM by Melvin C., Arthur W., Billy D., Scott C. in opposition to [17-1] motion of Defendants to Dismiss, Exhibits A-B, Request for Hearing. (c/s) (mdd, Deputy Clerk) (Entered: 04/16/1991)

April 15, 1991

April 15, 1991

22

MOTION by (Defendants) Joseph L. Schilling, Richard J. Steinke, John Linton, Helen Miller, Henrietta Hestick, Bishop L. Robinson, Richard Lanham, Harold D. Jenkins to Extend Time to file Reply Brief responding to Memorandum of Law of Plaintiffs in Opposition to Motion of Defendants to Dismiss (mdd, Deputy Clerk) (Entered: 04/25/1991)

April 24, 1991

April 24, 1991

23

ORDER (dated 4/24/91) granting [22-1] motion to Extend Time to file Reply Brief responding to Memorandum of Law of Plaintiffs in Opposition to Motion of Defendants to Dismiss, Reply to Response to Motion reset to 5/10/91 for [17-1] motion to Dismiss ( signed by Judge John R. Hargrove ) (c/m 4/25/91, daf) (mdd, Deputy Clerk) (Entered: 05/07/1991)

April 24, 1991

April 24, 1991

24

JOINT MOTION by Melvin C., Arthur W., Billy D., Scott C., Joseph L. Schilling, Richard J. Steinke, John Linton, Helen Miller, Henrietta Hestick, Bishop L. Robinson, Richard Lanham, Harold D. Jenkins to Defer a hearing and decision on the Motion to Dismiss until Discovery is completed (mdd, Deputy Clerk) Modified on 05/13/1991 (Entered: 05/13/1991)

May 10, 1991

May 10, 1991

24

ORDER (dated 5/10/91) granting [24-1] joint motion to Defer a hearing and decision on the Motion to Dismiss until Discovery is completed ( signed by Judge John R. Hargrove ) (c/m 5/13/91, daf) (mdd, Deputy Clerk) Modified on 05/13/1991 (Entered: 05/13/1991)

May 10, 1991

May 10, 1991

25

REPLY by Defendants Joseph L. Schilling, Richard J. Steinke, John Linton, Helen Miller, Henrietta Hestick, Bishop L. Robinson, Richard Lanham, Harold D. Jenkins to response in Opposition of Plaintiffs to [17- 1] motion of Defendants to Dismiss, Exhibits A-D. (Exhibits A-B filed on 5/13/91) (c/s) (mdd, Deputy Clerk) (Entered: 05/13/1991)

May 10, 1991

May 10, 1991

26

MOTION by Melvin C., Arthur W., Billy D., Scott C. to Extend Time to file Memorandum of Law (mdd, Deputy Clerk) (Entered: 05/23/1991)

May 23, 1991

May 23, 1991

27

ORDER (dated 5/22/91) granting [26-1] motion to Extend Time to file Memorandum of Law, Response to Motion reset to 6/3/91 for [17-1] motion to Dismiss ( signed by Judge John R. Hargrove ) (copies h/d attorney for Plaintiff) (c/m 5/23/91, daf) (mdd, Deputy Clerk) (Entered: 05/23/1991)

May 23, 1991

May 23, 1991

28

REPLY by Melvin C., Arthur W., Billy D., Scott C. to response of Defendants to Memorandum in Opposition of Plaintiffs to [17-1] motion of Defendants to Dismiss. (c/s) (mdd, Deputy Clerk) (Entered: 06/03/1991)

June 3, 1991

June 3, 1991

29

MOTION by Harold D. Jenkins, Helen Miller, John Linton, Richard J. Steinke, Joseph L. Schilling, Henrietta Hestick, Bishop L. Robinson, Richard Lanham for Protective Order (c/s) (mdd, Deputy Clerk) (Entered: 07/22/1991)

July 19, 1991

July 19, 1991

30

Certificate of Counsel Pursuant to Local Rule 104.7. (c/s) (mdd, Deputy Clerk) (Entered: 07/22/1991)

July 19, 1991

July 19, 1991

31

MOTION of Defendant's counsel to Substitute Attorney (mdd, Deputy Clerk) (Entered: 08/01/1991)

July 31, 1991

July 31, 1991

31

ORDER dated 7/29/91, granting [31-1] motion to Substitute Attorney terminated James P. Abbott Added Lawrence Paul Fletcher-Hill, Stephanie Judith Lane-Weber ( signed by Judge John R. Hargrove )(c/m 8/1/91 gb) (mdd, Deputy Clerk) Modified on 08/02/1991 (Entered: 08/02/1991)

July 31, 1991

July 31, 1991

32

ORDER REFERRING CASE dated 7/25/91, for hearing and determination of non-dispositive pretrial matters - all discovery matters and motions for protective orders; for hearing, proposed findings of fact, and making recommendations as to dispositive pretrial matters - Motion of Defendants' to Dismiss to Magistrate Judge Catherine C. Blake ( signed by Judge John R. Hargrove )(c/m 8/2/91 hsg) (mdd, Deputy Clerk) (Entered: 08/02/1991)

Aug. 2, 1991

Aug. 2, 1991

33

MEMORANDUM by Scott C., Billy D., Melvin C., Arthur W. in opposition to [29-1] motion for Protective Order, Request for Hearing, and Attachments. (c/s) (mdd, Deputy Clerk) (Entered: 08/05/1991)

Aug. 5, 1991

Aug. 5, 1991

34

LETTER ORDER, "DIRECTING" that discovery in the case is hereby stayed, temporarily, pending a hearing on the motion for protective order scheduled on 9/6/91 at 10:00. ( signed by Magistrate Judge Catherine C. Blake ) (c/m 8/7/91, bc) (mdd, Deputy Clerk) (Entered: 08/07/1991)

Aug. 7, 1991

Aug. 7, 1991

35

Letter (Blake U.S. Mag. Judge) (dated 8/14/91) to counsel advising that the hearing on the motion for protective order will be moved to 2:00 p.m. instead of 10:00 a.m. on 9/6/91 (mdd, Deputy Clerk) (Entered: 08/16/1991)

Aug. 15, 1991

Aug. 15, 1991

36

LETTER ORDER, "DIRECTING" Counsel for Plaintiff to redraft the discovery requests and serve the revised requests on Defense Counsel by 9/17/91; "DIRECTING" Defense Counsel to respond to Counsel for Plaintiff by 9/24/91; "DIRECTING" both Counsel to submit a joint status report by 10/8/91 as setforth. ( signed by Magistrate Judge Catherine C. Blake ) (c/m 9/6/91, bc) (mdd, Deputy Clerk) (Entered: 09/09/1991)

Sept. 6, 1991

Sept. 6, 1991

CASE reassigned to Judge Benson E. Legg (mdd, Deputy Clerk) (Entered: 09/19/1991)

Sept. 18, 1991

Sept. 18, 1991

37

MOTION to Extend Time to discuss discovery and other matters (mdd, Deputy Clerk) (Entered: 10/11/1991)

Oct. 10, 1991

Oct. 10, 1991

38

MOTION with memorandum in support by Scott C., Billy D., Melvin C., Arthur W. for Preliminary Injunction , and Exhibits A-E. (c/s) (mdd, Deputy Clerk) (Entered: 10/25/1991)

Oct. 17, 1991

Oct. 17, 1991

CASE reassigned to Judge John R. Hargrove (mdd, Deputy Clerk) (Entered: 10/23/1991)

Oct. 23, 1991

Oct. 23, 1991

39

JOINT MOTION to Extend Time to file status report (mdd, Deputy Clerk) (Entered: 11/09/1991)

Nov. 7, 1991

Nov. 7, 1991

39

ORDER granting [39-1] joint motion to Extend Time to file status report - status report due 11/8/91. ( signed by Magistrate Judge Catherine C. Blake 10/30/91 ) (c/m by chambers) (mdd, Deputy Clerk) (Entered: 11/09/1991)

Nov. 7, 1991

Nov. 7, 1991

40

MEMORANDUM by Harold D. Jenkins, Helen Miller, John Linton, Richard J. Steinke, Joseph L. Schilling, Henrietta Hestick, Bishop L. Robinson, Richard Lanham in support of [29-1] motion for Protective Order, and Affidavits (3). (c/s) (mdd, Deputy Clerk) (Entered: 11/18/1991)

Nov. 15, 1991

Nov. 15, 1991

41

LETTER ORDER (dated 11/20/91), "CONFIRMING" that a hearing has been scheduled for 12/10/91 at 10:00 a.m. to discuss Protective Order of Defendants as setforth. ( signed by Judge John R. Hargrove ) (c/m 11/21/91, daf) (mdd, Deputy Clerk) (Entered: 11/22/1991)

Nov. 21, 1991

Nov. 21, 1991

42

Letter MOTION by Scott C., Billy D., Melvin C., Arthur W. to Extend Time to file Response to Supplemental Memorandum of Defendants (mdd, Deputy Clerk) (Entered: 12/06/1991)

Dec. 5, 1991

Dec. 5, 1991

42

ORDER granting [42-1] motion of Plaintiffs to Extend Time to file Response to Supplemental Memorandum of Defendants, Response to Motion reset to 12/16/91 for [29-1] motion for Protective Order ( signed by Magistrate Judge Catherine C. Blake ) (c/m 12/5/91, bc) (mdd, Deputy Clerk) (Entered: 12/06/1991)

Dec. 5, 1991

Dec. 5, 1991

43

ORDER REFERRING CASE (dated 11/27/91) to Magistrate Judge Catherine C. Blake for other proceedings, specifically Motion for Protective Order. ( signed by Judge John R. Hargrove ) (c/m 11/27/91, hg) (mdd, Deputy Clerk) (Entered: 12/09/1991)

Dec. 9, 1991

Dec. 9, 1991

44

MOTION with memorandum in support by Scott C., Billy D., Melvin C., Arthur W. for class certification (c/s) (mdd, Deputy Clerk) (Entered: 12/18/1991)

Dec. 16, 1991

Dec. 16, 1991

45

MEMORANDUM by Scott C., Billy D., Melvin C., Arthur W. in opposition to [29-1] motion of Defendant for Protective Order. (c/s) (mdd, Deputy Clerk) (Entered: 12/18/1991)

Dec. 16, 1991

Dec. 16, 1991

Motion hearing held before Blake, U.S. Magistrate Judge. (Reporter: Tape: Eley) (mdd, Deputy Clerk) (Entered: 12/23/1991)

Dec. 19, 1991

Dec. 19, 1991

Motion of Defendant for Protective Order. (mdd, Deputy Clerk) (Entered: 12/23/1991)

Dec. 19, 1991

Dec. 19, 1991

Argued - Held subcuria. (mdd, Deputy Clerk) (Entered: 12/23/1991)

Dec. 19, 1991

Dec. 19, 1991

47

MOTION by Defendants Harold D. Jenkins, Helen Miller, John Linton, Richard J. Steinke, Joseph L. Schilling, Henrietta Hestick, Bishop L. Robinson, Richard Lanham to Extend Time for Deferral of Motion of Plaintiffs for Class Certification (c/s) (mdd, Deputy Clerk) (Entered: 12/31/1991)

Dec. 30, 1991

Dec. 30, 1991

48

MEMORANDUM AND ORDER, "DIRECTING" that Discovery ordered is to be provided as to four institutions within the Maryland adult correctional system no later than 1/13/92 as setforth; "DIRECTING" that records relating to individual students are to be produced subject to an appropriate protective order insuring strict confidentiality, and parties should submit a proposed protective order by 1/13/92 as setforth; "DIRECTING" Responses of Defendants shall be served on Plaintiffs as available on a staggered bases, with all responses to be served no later than 2/28/92 as setforth; "DIRECTING" that a status report indicating what responses have been served and what information remains be be served is due on 1/31/92. ( signed by Magistrate Judge Catherine C. Blake ) (jc/m 1/2/92, kjb) (mdd, Deputy Clerk) (Entered: 01/06/1992)

Jan. 2, 1992

Jan. 2, 1992

49

Correspondence from counsel for Plaintiffs RE: designation of four correctional institutions for which the Plaintiffs seek Discovery. (rec'd in chambers) (mdd, Deputy Clerk) (Entered: 01/16/1992)

Jan. 15, 1992

Jan. 15, 1992

50

PROTECTIVE ORDER ( signed by Magistrate Judge Catherine C. Blake ) (c/m 1/15/92, kjb) (mdd, Deputy Clerk) (Entered: 01/16/1992)

Jan. 15, 1992

Jan. 15, 1992

51

MOTION by Scott C., Billy D., Melvin C., Arthur W. for Jerome I. Chapman to Appear Pro Hac Vice (c/s) (mdd, Deputy Clerk) Modified on 10/30/1992 (Entered: 01/30/1992)

Jan. 29, 1992

Jan. 29, 1992

52

Inmate notices sent to the Honorable Cahterine C. Blake. (mdd, Deputy Clerk) (Entered: 01/31/1992)

Jan. 30, 1992

Jan. 30, 1992

52

ORDER granting [52-1] Notices; "APPROVING" nunc pro tunc 1/24/92. ( signed by Magistrate Judge Catherine C. Blake ) (mdd, Deputy Clerk) (Entered: 01/31/1992)

Jan. 30, 1992

Jan. 30, 1992

53

ORDER (dated 2/4/92) granting [51-1] motion of plaintiffs for Jerome I. Chapman to Appear Pro Hac Vice ( signed by Judge John R. Hargrove ) (c/m 2/5/92, daf) (mdd, Deputy Clerk) (Entered: 02/05/1992)

Feb. 5, 1992

Feb. 5, 1992

54

ORDER (COPY) (dated 2/4/92) granting [54-1] motion of Plaintiffs for Jerome I. Chapman to Appear Pro Hac Vice ( signed by Magistrate Judge Catherine C. Blake ) (c/m 2/5/92 by chambers) (mdd, Deputy Clerk) (Entered: 02/05/1992)

Feb. 5, 1992

Feb. 5, 1992

55

Letter from Defendants - RE: Objections to Disclosures. (mdd, Deputy Clerk) (Entered: 04/03/1992)

March 30, 1992

March 30, 1992

56

Letter from Defendants RE: Discovery Deadlines. (mdd, Deputy Clerk) (Entered: 04/03/1992)

March 30, 1992

March 30, 1992

57

Correspondence from the Honorable Catherine C. Blake to counsel of record RE: Disclosures objections as set forth. (c/m by chambers) (mdd, Deputy Clerk) (Entered: 04/03/1992)

March 30, 1992

March 30, 1992

58

List of Objecting Inmates and Objections. (SEALED) (mdd, Deputy Clerk) (Entered: 04/03/1992)

March 30, 1992

March 30, 1992

59

ORDER, "APPROVING" request for additional time prior to supplemental briefing; "DIRECTING" that Patuxent memoranda on 4/16/92, status report on 4/27/92. ( signed by Judge John R. Hargrove) (c/m by chambers) (mdd, Deputy Clerk) (Entered: 04/10/1992)

April 8, 1992

April 8, 1992

60

MEMORANDUM by Plaintiffs Scott C., Billy D., Melvin C., Arthur W. in opposition to Assertion of Defendants of the Patuxent Hearing. (c/s) (SEALED) (mdd, Deputy Clerk) (Entered: 04/21/1992)

April 16, 1992

April 16, 1992

61

Letter MOTION by Harold D. Jenkins, Helen Miller, John Linton, Richard J. Steinke, Joseph L. Schilling, Scott C., Henrietta Hestick, Bishop L. Robinson, Billy D., Melvin C., Arthur W., Richard Lanham to Extend Time for Defendants to file their memorandum in support to their Motion for Summary Judgment, and for Plaintiffs to file their opposition to the Motion for Summary Judgment, and for Defendants to file their reply (mdd, Deputy Clerk) (Entered: 04/28/1992)

April 28, 1992

April 28, 1992

61

ORDER granting [61-1] motion to Extend Time for Defendants to file their memorandum in support to their Motion for Summary Judgment, and for Plaintiffs to file their opposition to the Motion for Summary Judgment, and for Defendants to file their reply, "DIRECTING" that Defendants will file their memorandum in further support of the Motion to Dismiss/Summary Judgment by 6/5/92; reset Motion Filing deadline to 6/19/92 , Reply to Response to Motion reset to 7/1/92 for [17-1] motion to Dismiss "DIRECTING" that Hearing Scheduled for 7/17/92 at 10:00 a.m. ( signed by Magistrate Judge Catherine C. Blake ) (c/m 4/28/92, bc) (mdd, Deputy Clerk) (Entered: 04/29/1992)

April 28, 1992

April 28, 1992

62

Letter MOTION by Defendants Harold D. Jenkins, Helen Miller, John Linton, Richard J. Steinke, Joseph L. Schilling, Henrietta Hestick, Bishop L. Robinson, Richard Lanham to Extend Time for briefing schedule. (mdd, Deputy Clerk) (Entered: 05/27/1992)

May 22, 1992

May 22, 1992

62

ORDER (dated 5/21/92) granting [62-1] motion of Defendants to Extend Time for Briefing Schedule as setforth. ( signed by Magistrate Judge Catherine C. Blake ) (mdd, Deputy Clerk) (Entered: 05/27/1992)

May 22, 1992

May 22, 1992

63

Letter MOTION by Defendants Harold D. Jenkins, Helen Miller, John Linton, Richard J. Steinke, Joseph L. Schilling, Henrietta Hestick, Bishop L. Robinson, Richard Lanham to Extend Time for Supplemental Briefing Schedule (mdd, Deputy Clerk) (Entered: 05/29/1992)

May 29, 1992

May 29, 1992

63

ORDER (dated 5/28/92) granting [63-1] motion of Defendants to Extend Time for Supplemental Briefing Schedule; "DIRECTING" that hearing on 7/17/92 is cancelled. ( signed by Magistrate Judge Catherine C. Blake ) (c/m 5/29/92, bc) (mdd, Deputy Clerk) (Entered: 05/29/1992)

May 29, 1992

May 29, 1992

64

Letter MOTION by Defendants Harold D. Jenkins, Helen Miller, John Linton, Richard J. Steinke, Joseph L. Schilling, Henrietta Hestick, Bishop L. Robinson, Billy D., Melvin C., Arthur W., Richard Lanham to Extend Time (Postpone) the Briefing Schedule (mdd, Deputy Clerk) (Entered: 07/16/1992)

July 15, 1992

July 15, 1992

64

ORDER granting [64-1] motion of Defendants to Extend Time (Postpone) the Briefing Schedule. Status report due by 8/3/92. ( signed by Magistrate Judge Catherine C. Blake) (c/m 7/15/92, bc) (mdd, Deputy Clerk) (Entered: 07/16/1992)

July 15, 1992

July 15, 1992

65

JOINT STATUS REPORT, by Harold D. Jenkins, Helen Miller, John Linton, Richard J. Steinke, Joseph L. Schilling, Scott C., Henrietta Hestick, Bishop L. Robinson, Billy D., Melvin C., Arthur W., Richard Lanham; "DIRECTING" Parties to submit further status report on 8/31/92. (dated 8/3/92) (Blake, U.S. Mag Judge). (mdd, Deputy Clerk) (Entered: 08/05/1992)

Aug. 4, 1992

Aug. 4, 1992

66

ORDER (Letter) (copy) "DIRECTING" counsel to provide further updated Status Report on 09/21/92. ( signed by Magistrate Judge Catherine C. Blake ) (org/m chambers) (mdd, Deputy Clerk) (Entered: 09/04/1992)

Sept. 2, 1992

Sept. 2, 1992

67

ORDER (Letter) (copy) "DIRECTING" counsel to submit further Status Report on 10/30/92. ( signed by Magistrate Judge Catherine C. Blake ) (org/m chambers) (mdd, Deputy Clerk) (Entered: 09/28/1992)

Sept. 25, 1992

Sept. 25, 1992

68

JOINT STATUS REPORT and JOINT MOTION by parties to Extend Time to file report on progress of case (Rec. 10/30/92 in Mag. J. Blake chambers) (mdd, Deputy Clerk) (Entered: 11/05/1992)

Nov. 2, 1992

Nov. 2, 1992

68

ORDER "granting" [68-1] joint motion of parties to Extend Time to file report on progress of case to 11/16/92. ( signed by Magistrate Judge Catherine C. Blake ) (c/m 11/02/92 bc) (mdd, Deputy Clerk) (Entered: 11/05/1992)

Nov. 2, 1992

Nov. 2, 1992

69

STATUS REPORT and "APPROVAL" and "DIRECTING" that next Status Report due 12/07/92. (signed by Mag. Judge Blake) (c/m 11/16/92 bc) (mdd, Deputy Clerk) (Entered: 11/18/1992)

Nov. 16, 1992

Nov. 16, 1992

70

STATUS REPORT and Letter MOTION by plaintiffs to Extend Time of next Status Report to 01/06/93 (mdd, Deputy Clerk) (Entered: 12/14/1992)

Dec. 9, 1992

Dec. 9, 1992

70

ORDER "granting" [70-1] letter motion of plaintiffs to Extend Time of next Status Report to 01/06/93 ( signed by Magistrate Judge Catherine C. Blake ) (c/m 12/08/92 bc) (mdd, Deputy Clerk) (Entered: 12/14/1992)

Dec. 9, 1992

Dec. 9, 1992

71

Letter MOTION by defendants to Extend Time to file Status Report on 01/22/93 (mdd, Deputy Clerk) (Entered: 01/12/1993)

Jan. 7, 1993

Jan. 7, 1993

71

ORDER "granting" [71-1] motion of defendants to Extend Time to file Status Report on 01/22/93 ( signed by Magistrate Judge Catherine C. Blake ) (c/m 01/07/93 bc) (mdd, Deputy Clerk) (Entered: 01/12/1993)

Jan. 7, 1993

Jan. 7, 1993

72

ORDER (Letter) dated 01/27/93 "DIRECTING" Counsel to submit next Status Report on 02/12/93. ( signed by Magistrate Judge Catherine C. Blake ) (c/m chambers) (mdd, Deputy Clerk) (Entered: 01/29/1993)

Jan. 28, 1993

Jan. 28, 1993

73

STATUS REPORT by Harold D. Jenkins, Helen Miller, John Linton, Richard J. Steinke, Joseph L. Schilling, Henrietta Hestick, Bishop L. Robinson and Richard Lanham. (mdd, Deputy Clerk) (Entered: 03/04/1993)

March 2, 1993

March 2, 1993

73

MOTION by Harold D. Jenkins, Helen Miller, John Linton, Richard J. Steinke, Joseph L. Schilling, Henrietta Hestick, Bishop L. Robinson and Richard Lanham to file a further status report . (mdd, Deputy Clerk) (Entered: 03/04/1993)

March 2, 1993

March 2, 1993

73

ORDER granting [73-1] motion of defendants to file a further status report on March 12, 1993 ( signed by Magistrate Judge Catherine C. Blake 3/2/93). (c/m 3/2/93-bc) (mdd, Deputy Clerk) (Entered: 03/04/1993)

March 2, 1993

March 2, 1993

74

JOINT STATUS REPORT and "APPROVAL". (signed Magistrate Judge Catherine Blake 3/12/93) (c/m 3/16/93-bc) (cag, Deputy Clerk) (Entered: 03/17/1993)

March 12, 1993

March 12, 1993

75

MOTION by Defendants to Extend Time to File Status Report . (cdl, Deputy Clerk) (Entered: 03/31/1993)

March 25, 1993

March 25, 1993

75

ORDER Granting [75-1] Motion of Defendants to Extend Time to File Status Report, to and including April 9, 1993 ( signed by Magistrate Judge Catherine C. Blake 3/25/93). (c/m 3/25/93-bc) (cdl, Deputy Clerk) (Entered: 03/31/1993)

March 25, 1993

March 25, 1993

76

PROTECTIVE ORDER "setting" forth procedures and restrictions RE: Production of information and education records, as therein set foth. ( signed by Judge John R. Hargrove ) (c/m 06/10/93 cr) (mdd, Deputy Clerk) (Entered: 06/15/1993)

June 9, 1993

June 9, 1993

77

STIPULATION of dismissal and ACTION PLAN and "APPROVAL" "dismissing" case without prejudice on conditions, as therein set forth; "setting" conditions, procedurec and responsibilities, as therein set forth; "directing" that Court shall retain jurisdiction for the limited purposes of enforcing the procedural provisions of this Dismissal. (c/m 06/10/93 cr) (Microfilmed 06/15/93) (mdd, Deputy Clerk) (Entered: 06/15/1993)

June 9, 1993

June 9, 1993

Case closed (mdd, Deputy Clerk) (Entered: 06/15/1993)

June 9, 1993

June 9, 1993

78

NOTICE of attorney appearance for Melvin C., et al by Mark B. Martin. (c/s) (cag, Deputy Clerk) (Entered: 06/14/1995)

June 2, 1995

June 2, 1995

79

JOINT MOTION of Parties to Enter Order of Dismissal . (c/s) (cag, Deputy Clerk) (Entered: 06/14/1995)

June 2, 1995

June 2, 1995

80

ORDER "DISMISSING" this Action without Prejudice. ( signed by Sr. Judge John R. Hargrove 6/6/95 ) (MICROFILMED 6/14/95) (c/m) (cag, Deputy Clerk) (Entered: 06/14/1995)

June 6, 1995

June 6, 1995

Case Details

State / Territory: Maryland

Case Type(s):

Juvenile Institution

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 22, 1991

Closing Date: 1995

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Inmates in the Maryland Adult Correctional System challenging the failure to provide legally required special education and related services to youth confined at Maryland's ten adult correctional facilities and pre-release units

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Youth Law Center

Public Interest Lawyer: Yes

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Maryland Deptartment of Corrections, Maryland Deptartment of Education, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Indv. w/ Disab. Educ. Act (IDEA), Educ. of All Handcpd. Children Act , 20 U.S.C. § 1400

Constitutional Clause(s):

Due Process

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1993 - 1995

Issues

General:

Classification / placement

Counseling

Education

Individualized planning

Parents (visitation, involvement)

Discrimination-basis:

Disability (inc. reasonable accommodations)

Affected Sex or Gender:

Male

Medical/Mental Health:

Medical care, general

Mental health care, general

Type of Facility:

Government-run