Thompson v. Alexander

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO 91KDY 15 PH k:i 8

EASTERN DIVISION

JAMES N. THOMPSON . No. 186-862

U.S.D:ST;
•! D m . OHIO
EAn , uiV. COLUMBUS

P.O. BOX 69

London, Ohio 43140 and

MICHAEL K. .BAILEY No. 141-957 P.O. BOX 69 London, Ohio 43140

PLAINTIFFS,

CASE NO. C2:90-CV-845

V.
GEORGE D. ALEXANDER, individually, and inhis official capacity as Warden, London Correctional Institution State Route 56 P.O. Box 69 London, Ohio 4314 0, and

JUDGE HOLSCHUH MAGISTRATE KING

RODNEY L. FRANCIS, individually, and inhis official capacity as Operations Deputy Warden, London Correctional Institution State Route 56 P.O. Box 69 London, Ohio 43140, and

BETTY J. MITCHELL, individually, and in her official capacity as T.I.E Deputy Warden, London Correctional Institution State Route 56 P.O. Box 69 London, Ohio 4314 0, and

RAYMOND E. BROWN, individually, and inhis official capacity as Unit Manager, London Correctional Institution State Route 56 P.O. Box 69 London, Ohio 43140, and

DOROTHY WRIGHTSEL, individually, and in her official capacity as Food Service Director, London Correctional Institution State Route 56 P.O. Box 69 London, Ohio 43140, and
JAMES JONES,- . • . individually, and in his .-.;... official capacity as Inspector of Institutional Services, London Correctional Institution State Route 56 P.O. Box 69 London, Ohio 43140, and
GEORGE W. WILSON, individually, and in his former capacity as Director, Ohio Department of Rehabilitation and Correction 1050 Freeway Drive North Columbus, Ohio 43229, and
REGINALD WILKINSON, individually, and in his official capacity as Director, Ohio Department of Rehabilitation and Correction 1050 Freeway Drive North Columbus, Ohio 43229,
DEFENDANTS.
PLAINTIFFS' FIRST AMENDED COMPLAINT
James N. Thompson (hereinafter "Thompson") and Michael Bailey
(hereinafter "Bailey"), plaintiffs, on behalf of themselves and the
class they seek to represent state the following as their first
amended complaint against defendants:
I. INTRODUCTION
1. This is a proposed class action suit brought by the named
plaintiffs who are inmates of the London Correctional Institution

(hereinafter "LOCI") personally, and on behalf of all other inmates who are or will be confined at LOCI. Plaintiffs1 motion to certify a class of plaintiffs was filed immediately prior to this amended complaint. This action is brought under 42 U.S.C. §1983 and seeks to secure for the plaintiffs rights guaranteed to them by the Eighth and Fourteenth Amendments to the United. States Constitution and applicable state and federal regulations. These rights are being denied to the plaintiffs as a result of the acts of defendants which cause or allow the unconstitutional conditions to exist at LOCI.
2. The inmate population of LOCI has grown rapidly along with the Ohio inmate population in general, but has done so unchecked by corresponding increases in physical facilities, guards and medical, kitchen and mailroom staffs. Further, based upcn information and belief, in June, 1991, approximately $600,000 of budgeted funds were returned by LOCI to the Department of Rehabilitation and Correction which could have been used to address the aforementioned problems.
3. The plaintiffs request declaratory and injunctive relief requiring the improvement of conditions at LOCI to a level consistent with constitutional and statutory requirements, as well as nominal compensatory damages.
II. JURISDICTION 4. The causes of action stated in this complaint arise under 42 U.S.C. §1983 which provides redress for the deprivation, under

color of state law, of civil rights secured to all persons within

the jurisdiction of the United States, by the Eighth and Fourteenth

Amendments to the United States Constitution. Jurisdiction lies

with this court pursuant to 28 U.S.C. §§1331 and 1343(3) and (4).

This action is not subject to the requirement of a minimum amount

in controversy. .

. .

5. The plaintiffs1 demands for declaratory and injunctive

relief are authorized by 28 U.S.C. §§2201 and 2202, and by Rules 57

and 65 of the Federal Rules of Civil Procedure.

6. Each of the defendants reside in the State of Ohio and the

claims for relief arose in the Southern District of Ohio, Eastern

Division. Pursuant to 28 U.S.C. §1391(b), venue of this action

lies in the Southern District of Ohio, Eastern Division.

III. PARTIES

7. The allegations contained in paragraphs 1 through 6 of

this complaint are hereby incorporated by reference as if fully

rewritten.

8. Plaintiff James N. Thompson is, and has been since

November, 1985, an inmate of LOCI. Plaintiff Thompson's

identification number is 186-862.

9. Plaintiff Michael K. Bailey is, and has been since June,

1978, an inmate of LOCI. Plaintiff Bailey's identification number

is 141-957.

10. Defendant George D. Alexander is now, and at all material

times hereto has been, the duly appointed, employed and acting

Warden of LOCI for the State of Ohio. As warden, he is charged by

law to provide proper care, treatment, and security to all inmates under his custody. He is also responsible for enforcing the application of departmental regulations to the operations of LOCI during his tenure. This defendant is being sued both individually, and in his official capacity.
11. Defendant Rodney F. Francis is now,-and. at all material times hereto has been the Operations Deputy of LOCI for the State of Ohio. As Operations Deputy he is charged vith responsibility for the fiscal operations and management of LOCI during his tenure. This defendant is being sued both individually, and in his official capacity.
12. Defendant Betty J. Mitchell is now, and at all material times hereto has been, the duly appointed, employed and acting Training, Industries and Education (hereinafter "T.I-E.") Deputy Warden of LOCI for the State of Ohio. As T.I.E. Deputy Warden she is charged with responsibility for the operations related to Training, Industry and Education programs for all inmates under her supervision. This defendant is being sued bott individually, and in her official capacity.
. 13. Defendant Raymond E. Brown is now, ar.d at all material times hereto has been, the Unit Manager for Unit F of LOCI for the State of Ohio. As Unit Manager he is for the overall management of Unit F for LOCI. This defendant is being sued both individually, and in his official capacity.
14. Defendant Dorothy Wrightsel is now, ar.d at all material times hereto has been, the Food Service Directcr of LOCI for the

State of Ohio. As Food Service Director she is responsible for providing food service to all LOCI inmates under guidelines established by the Departmental Dietician. This defendant is being sued both individually, and in her official capacity.
15. Defendant James Jones in now, and at all material times hereto has been, the Inspector .of Institutional. Service of LOCI for the State of Ohio. As Inspector of Institutional Services he is responsible for conducting all interviews, records researfch and other investigation of inmate grievances at LOCI. As Inspector he also reports to the Chief Inspector for the Ohio Department of Rehabilitation and Correction as to whether all laws, administrative regulations and rules are being adhered to at LOCI. This defendant is being sued both individually, and in his official
capacity. 16. Defendant Reginald Wilkinson is now, and defendant George
W. Wilson was, at all material times hereto has been, the duly appointed, employed, and acting Director of the Ohio Department of Rehabilitation and Corrections for the State of Ohio. As Director, defendants are charged by law to provide proper care, treatment and security to all prisoner's under the Department's control and are empowered to direct the use to which any departmental facility, which includes LOCI, will be put. As Director, defendants also are responsible for enforcing the application of the department regulations promulgated by their office within all of the department's institutions. These defendants are being sued both individually, and in their official capacities.

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IV. FACTS

17. The allegations contained in paragraphs 1 through 16 of

this complaint are hereby incorporated by reference as if fully

rewritten.

18. LOCI is an all male, medium and minimum security prison

opened in or about 1925, administered by the Ohio Department of •

Rehabilitation and Correction. LOCI is located near the City of

London, in Madison County, Ohio.

•"

/ V . OVERCROWDING

A. Facilities

19. The allegations contained in paragraphs 1 through 18 of this complaint are hereby incorporated by reference as if fully rewritten.
20. On or about October 7, 1990 the daily count of inmates at LOCI totalled 2167, today the facility holds over 2300 inmates. Based upon information and belief, LOCI is not constructed or designed to hold 2300 inmates.
21. Thompson currently resides in Eight Dorm which has 183 beds. In July and August, 1990, correctional officers moved the beds of Eight dorm closer together ultimately reducing the living space available to Thompson from about 35 square feet to 29.59 square feet. Living space is defined as that area used by inmates for activities such as sleeping, dressing and relaxation which does not include the common areas of the prison facility. This small amount of living space per inmate combined with overcrowded common

areas results in excessive noise, creates tension among inmates,

and leads ultimately to dangerously violent conditions within the

dormitory and prison in general.

22. After the July reduction to his living space Thompson

filed a grievance protesting the reduction and another requesting

the name of the corrections official who authorized the reduction.

Defendants responded that there is no legal minimum to living space

provided to inmates and refused to disclose the party responsible

f for the reduction. In fact, the living space was further reduced

in August.

23. Eight dorm currently has insufficient numbers of toilets,

wash basins, showers and urinals to accommodate the large number of

inmates housed therein. The ratios of these hygiene fixtures to

inmate capacity are as follows:

Dorm 8

Capacity Toilets/ Basin/ Shower/ Urinal/

Ratio

Ratio

Ratio

Ratio

183

7/1:26 17/1:10 9/1:20 8/1:22

Based upon information and belief, many of these hygiene

fixtures may be in a state of disrepair at any given time, thereby

exacerbating an already intolerable ratio of fixtures to inmates.

24. Mr. Bailey currently resides in the East dorm at London

Correctional Camp (hereinafter "L.C.C.") which has 3 56 beds. Mr.

Bailey has 37.5 square feet of living space.

25. L.C.C. dorm currently has insufficient numbers of toilets,

wash basins, showers and urinals to accommodate the large number of

inmates housed therein. The ratios of these hygiene fixtures to

inmate capacity are as follows:

8

Dorm
L.C.C. East

Capacity Toilets/

Ratio

356

22/1:16

Basin/ Ratio 36/1:9

Shower/ Urinal/.

Ratio

Ratio

16/1:22 7/1:70

Based upon information and belief, many of these hygiene

fixtures may be in a state of disrepair at any given time, thereby

exacerbating already intolerable ratios of fixtures to inmates.

26. Given the obvious nature-of the poor hygiene fixture to inmate ratios and broken fixture problems, defendants1 have clearly

acted with deliberate indifference in failing to remedy such

fundamental and easily remedied problems.

27. The overcrowding of facilities experienced by plaintiffs

Thompson and Bailey are generally representative of the conditions

experienced by the proposed class. Accordingly, the allegations

contained in paragraphs 19 through 26 of this complaint are hereby

incorporated by reference as if fully rewritten, and are applicable

to the proposed class. Further, paragraphs 14 through 28 of

plaintiffs' original complaint are hereby incorporated by reference

as if fully rewritten.

B. Discipline and Personal Safety .

28. The allegations contained in paragraphs 1 through 27 of

this complaint are hereby incorporated by reference as if fully

rewritten.

29. Based upon information and belief, the inmate population

at LOCI has exceeded levels that correction officials are able to

supervise and control thereby causing an unreasonably dangerous

prison environment.

30. Based upon information and belief, prior to overcrowding

9

at LOCI inmates caught fighting were confined for seven (7) days in disciplinary control, were relocated to a new dormitory and/or job, and a notation separating the involved inmates was recorded. Now the punishment for fighting is simply the temporary separation of the inmates and the notation on their record.
31. Based upon information and belief, prior to overcrowding at LOCI inmates caught committing extortion, involved with gangs, selling drugs, attempting escape, repeatedly fighting or menacing other inmates were summarily transferred to a higher security facility after being confined fifteen (15) days in disciplinary control. Now the punishment for these infractions is to spend part of the fifteen (15) day confinement in disciplinary control, then go to administrative control for thirty (30) days, and then return to the general inmate population where they can resume their prior behavior.
32. Based upon information and belief, due to overcrowding it has become common practice to release inmates from disciplinary control several days early in order to make room for other inmates to be disciplined. Further, disciplinary control will sometimes become so crowded that it becomes necessary for correctional officers to give verbal reprimands and warnings when disciplinary control confinement would otherwise be appropriate.
33. Based upon information and belief, the growth of the inmate population has not been matched by a proportional increase in guards, leading to an increasingly dangerous atmosphere at LOCI. The dangerous conditions are known to defendants and obviously are
10

compounded by the diminishing ratio of guards to inmates. Defendants are charged with responsibility for the safety of the prisoners, and failure to attempt to remedy this problem, for which the defendants have constructive notice, is evidence of deliberate indifference.

C.

Noise

•...•.-.

. .

•.

•' .

..._.

.,-..•'

•

•

•• •

34. The allegations contained in paragraphs 1 through 33 of

this complaint are hereby incorporated by reference as ir" fully

rewritten.

35. As the inmate population of LOCI has grown and housing

conditions within the dormitories has become more concentrated,

noise levels have become excessive and pervasive.

36. Despite numerous grievances filed by inmates concerning

excessive noise levels, defendants have refused to recognize the

noise problem which precludes third shift workers from sleeping

during the daytime, and other inmates from reading, writing and

studying during the same hours.

D. Visitation and Mail

37. The allegations contained in paragraphs 1 through 36 of

this complaint are hereby incorporated by reference as if fully

rewritten.

38. Based upon information and belief, overcrowding has caused

the reduction and limitation of inmate visitation. In addition,

home cooked meals are no longer permitted to be consumed during

visitation. The curtailment and elimination of these basic

creature comforts constitutes deprivation of the most basic of

11

identifiable human needs - society of loved ones.

39. Based upon information and belief, overcrowding has

increased the delay of mail to be distributed to inmates. The

increased delay in the distribution of mail further contributes to

the deprivation of the inmates1 contact with loved ones, a basic

human need.

.... :-......

v.

40; Based upon information and belief, inconing inmate mail is

read and openly discussed by prison officials prior to delivery to

the inmates. The non-confidential review and discussion of inmate

mail violates inmate privacy rights at the point prison security

interests are satisfied. Prison security interests do not require

non-confidential review, and any system which allows violation of

inmate privacy rights is evidence of deliberate indifference

towards those rights. 41. As a direct and proximate result of the defendants1
actions, plaintiffs1 have suffered and will continue to suffer

irreparable harm.

VI. HEALTH AND NUTRITION

A. Food Services

42. The allegations contained in paragraphs 1 through 41 of

this complaint are hereby incorporated by reference as if fully

rewritten.

43. Based upon information and belief, there are frequent

shortages of essential food items and due to understaffed kitchens

the food that is prepared and served is often of needlessly

inferior quality, and served at inappropriate temperatures.

12

44. Based upon information and belief, improper supervision of

food stores results in food being stolen by inmates and prison

employees.

.

45. Based upon information and belief, the food provided by

LOCI does not meet minimal standards established by the Central

Office ..of the Ohio Department of Rehabilitation and Corrections and does not meet minimal standards of decency. Despite plaintiffs1

repeated grievances concerning these problems defendants have made

no sincere efforts to address the grievances or take any sort of

action in deliberate indifference to the problems.

B. Health Care 46. The allegations contained in paragraphs 1 through 45 of
this complaint are hereby incorporated by reference as if fully rewritten.
47. Based upon information and belief, health care services available to inmates have been decreased to unacceptable levels due to understaffing of medical facilities.

48. Based upon information and belief, the nursing staff of LOCI is not adequately supervised by physicians and an unlicensed inmate performs X-rays without supervision. Physician supervised Health care is certainly a fundamental right guaranteed to inmates and protected under the ban against cruel and unusual punishment. Defendants have acted with deliberate indifference in failing to improve access to physicians and properly supervised heath care services.

C. Environment

13

49. The allegations contained in paragraphs 1 through 48 of this complaint are hereby incorporated by reference as if fully rewritten.
50. High sulfur coal is burned in the powerhouse at LOCI. In violation of it • s Environmental Protection Agency permit to operate a contaminant source, LOCI.has burned coal with,a sulfur content exceeding 3.5%. In deliberate indifference to the safety of the inmates, the defendant's allow the high sulfur coal particulant from the powerhouse to contaminate the inmates and their property, causing serious health risks and loss of property.
51. Based upon information and belief, the ground water supply at LOCI is contaminated with high concentrations of lead, which is a known health hazard in sufficient quantities. As a result of the water purification process lead-contaminated lime sludge is generated which must be disposed. In violation of LOCI's own management plan governing lime sludge disposal, the sludge is spread on LOCI's farm pastures as fertilizer.
52. Asbestos is present in the LOCI laundry room despite Occupational Health and Safety Administration orders issued in 1989 to remove or abate the asbestos. The defendant's have failed to remedy this problem despite the well-known dangers of asbestos fibers.
53. Based upon information and belief, LOCI has disposed of at least eleven (11) bags of asbestos by burying them at the LOCI dump. This disposal is not only environmentally irresponsible, but surely subjected inmates to unwarranted danger when it was being
14

disposed, and now presents the potential danger that the asbestos may be uncovered.
54. As a direct and proximate result of the defendants' actions, plaintiffs' have suffered and will continue to suffer irreparable harm.

VII. INADEQUATE BUILDING MAINTENANCE

A. Ventilation

*

55. The allegations contained in paragraphs 1 through 54 of

this complaint are hereby incorporated by reference as if fully

rewritten.

56. The dormitory where Thompson resides only has proper

ventilation during mild weather, when the windows onthe North and

South walls of the dormitory can be opened. Otherwise, there is no

air flow through the dorm at all, and the excessive number of

inmates causes the air in the dorm to become stale and contaminated

with smoke and body odor.

57. The dormitory where Bailey resides is outfitted with a

ventilation system, but this system has not been operational since

before June, 1984.

58. Substantially all of theprison is lacking in proper

ventilation. There is poor or no ventilation in the recreation

area, dining area, kitchen, showers, toilet area and upstairs lobby

area, creating a stagnant atmosphere throughout the prison.

B. Lighting

59. The allegations contained in paragraphs 1 through 58 of

15

this complaint are hereby incorporated by reference as if fully rewritten.
60. Eight dorm, where Thompson resides, has 126 fluorescent light fixtures, one half of which are typically inoperable at any given time. The reduced lighting caused by the inoperable fixtures causes severe eyfe strain when the inmates try.tc read and write in these conditions.
61. L.C.C., where Bailey resides, has no fluorescent'lights, causing the lighting to be inadequate for reading and writing.
62. Despite grievances filed by plaintiffs' regarding the inadequate lighting and inoperable lights, defendant's have taken no action to improve the lighting conditions at LOCI.
63. The inadequate lighting experienced by plaintiffs Thompson and Bailey are generally representative of the conditions experienced by proposed class. Accordingly, the allegations contained in paragraphs 60 through 62 are herety incorporated by reference as if fully rewritten, and are applicable to the proposed class. C. Sanitation
64. The allegations contained in paragraphs 1 through 63 of this complaint are hereby incorporated by reference as if fully rewritten.
65. Complaints have been filed protesting frequent sewer backups at L.C.C., and that half of the toilets in the dorm were broken, some for a long period of time. In response to these complaints defendants have generally ignored and not responded to
16

the complaints, and in one instance made the following ridiculous response:
"Please list your suggestions and a justification of each for. me." 66. Broken toilets, basins, showers and urinals are the rule rather than the; exception in most of the LOCI dormitories, despite frequent complaints. 67. As a direct and proximate result of thedefendants' actions, plaintiffs' have suffered and will continue to suffer, irreparable harm.
VIII. INMATE WELL BEING A. Racism
68. The allegations contained inparagraphs 1 through 67 of this complaint are hereby incorporated by reference as if fully rewritten.
69. Based upon information and belief, inmates are assigned jobs, dormitory andsecurity assignments on the basis of race. Based upon information andbelief, the racially discriminatory policies practiced at LOCI have been promulgated by defendant Wilkinson and the central office of the Ohio Department of Rehabilitation and Correction. B. Orientation
70. The allegations contained in paragraphs 1 through 69 of t h i s complaint are hereby incorporated by reference as if fully rewritten.
71. New inmates are provided an abbreviated orientation when
17

they enter the inmate population of LOCI, and do not benefit from a preorientation separation from the rest of the inmates. Inmate handbooks containing information about the . rules and procedures governing the prison population and describing the physical facilities of the prison are provided, but are outdated and revised very infrequently.. Updated, rules and procedures often are not posted, and are hot available as a complete set for review.
72. The failure to provide meaningful orientation and up to date inmate handbooks leads to inmates' confusion and abuse of the inmates' rights by prison officials.
73. Despite plaintiffs' inquiries and grievances requesting a current inmate handbook, defendants' have made no efforts known to plaintiffs' to provide such a handbook. C. Programs
74. The allegations contained in paragraphs 1 through 73 of this complaint are hereby incorporated by reference as if fully rewritten.
75. Educational opportunities and vocational training are denied to L.C.C. inmates, and when L.C.C. irunates do have an opportunity to participate in such programs, the inmates are generally required to take inferior mandatory vark assignments.
76. Defendants have been unresponsive tc grievances filed concerning conflicts between work assignments and educational programs and in response to one grievance, defendant Jones simply refused to address the grievance because he believed the inmate intended to take court action on the issue. Acting with deliberate
18

indifference, defendants' prefer and encourage plaintiffs, to take

court action on their grievances rather than deal with the

grievances administratively. .

.

.

77. AS a direct and proximate result of the defendants'

actions, plaintiffs' have suffered and will continue to suffer,

irreparable harm.

'..':... .

• . '. .

IX. GRIEVANCE RESOLUTION

-

78. The allegations contained in paragraphs l through 77 of

this complaint are hereby incorporated by reference as if fully

rewritten.

79. Defendant Jones is frequently delayed in responding to

grievances filed by inmates, and without explanation, sometimes

fails to respond to grievances. When grievances are responded to,

Defendant Jones often simply addresses technical defects in the

form or content of the grievance and rejects the grievance as a

whole, without responding further to other issues raised in the

grievance.

80. Based upon information and belief, the administrative

appeals procedure for grievance resolutions unsatisfactory to

inmates does not provide a meaningful appeal. Appeals resolved in

favor of inmates have been known to be disregarded by defendants

and then not subsequently enforced by the appeals officer.

Defendants act in deliberate indifference to responding to and

addressing genuine concerns of the inmates by disregarding issues

raised in grievances regarding the problems raised in this amended

19

complaint such as reduced living space, personal safety, noise and

sanitation, and by not providing a meaningful appeal of grievance

resolutions.

.

81. As a direct and proximate result of the defendants1

actions, plaintiffs' have suffered and will continue to suffer,

irreparable harm;.

'._•':

X. CLAIMS FOR RELIEF

82. Defendants fail to provide the minimal civilized''measure

of life's necessities including adequate living facilities,

protection of personal safety, access to friends and relatives,

health care, nutrition, and all other deprivations enumerated in

this Complaint. These conditions, on their own are intolerable, but

in combination they create a situation that seriously threatens the

physical and emotional well being of the plaintiffs and other

inmates. The plaintiffs are thereby subjected to cruel and unusual

punishment in violation of the Eighth and Fourteenth Amendments to

the United States Constitution and 42 U.S.C. Section 1983.

83. As a direct and proximate result cf the defendants'

policies, practices, procedures, acts, and omissions, the

plaintiffs have suffered, suffer, and will continue to suffer,

present, continuing and irreparable injury. Plaintiffs' physical

and emotional well being continue to be harmed by their confinement

under the conditions described in this Complaint. Plaintiffs have

no plain, adequate, or complete remedy at la.w to redress the

conditions described in this Complaint. Plaintiffs will continue

to be irreparably injured by the policies, practices, procedures,

20

acts and omissions of the defendants unless this Court grants the injunctive relief sought by the plaintiffs.
WHEREFORE, plaintiffs respectfully pray that this court: 1. Issue a declaratory judgement stating that the defendants' policies, practices, acts and omissions described in this Complaint violate the plaintiffs' rights guaranteed to them by the Eighth and Fourteenth Amendments to the United States Constitution; 2. Issue a preliminary and permanent injunction whictt:
A. Prohibits the defendants, their officers, agents, employees, and successors in office, as well as those acting in concert and participating with them, from punishing, threatening, harassing or in any way retaliating against plaintiffs for filing this action, or against any other person because they submitted affidavits in the action on behalf of plaintiffs, or from transferring plaintiffs to any other prison without their prior consent during the pendency of the action; B. Orders defendants to reduce the prison population at LOCI to a number which would provide at least 55 square feet of living
i
space in each dormitory for each inmate, or construct additional facilities and hire additional guards so that adequate living
21

accommodation as provided above, safety, food

and health care services can be provided for;

3. Appoint an expert to supervise compliance with this Court's

order;

4. Retain jurisdiction of this matter until the Court's, order

has been carried put; . .. . .• . • . ..

•

5. Order that nominal damages to each plaintiff from each

defendant of $1.00 be paid;

*

6. Order that the maximum fines allowable by law for

violations of federal laws not expressed specifically in this suit

be paid to plaintiffs from defendants.

7. Award plaintiffs their reasonable costs and attorneys' fees

pursuant to 42 U.S.C. 1988; and

8. Grant such other legal and equitable relief as may be

considered appropriate by the court.

Respectfully submitted,

Max ^KraVitz' (&023765) 665 South/High Street Columbus/Ohio 4J3215-5683 (614) 44
Trial Attorney for Plaintiff James N. Thompson and proposed plaintiffs' class

Christopher B. Fidler Legal' Intern for Plaintiff Thompson
22

Michael K. Bailey^ No. 141-957 P.O. Box 69 London, Ohio 43140 Plaintiff, Pro se
23

CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing Plaintiffs' First Amended Complaint has been forwarded by regular U.S. Mail this 16 day of November, 1991 to Gary D. Andorka, Assistant Attorney General, 30 East Broad Street, 26th 71oor, State Office Tower, Columbus, Ohio, 43266-0410.

MA Attorn

Plaintiff Thompson

AUTHORIZATION
This is to authorize Max Kravitz and/or the Capital University Law School Legal Clinic, or any authorized representative thereof,
C
to sign my name to the Motion for Class Certification and any documents relating thereto in a civil action filed in the United States District Court for Southern District of Ohio, Eastern Division, and more specifically being Civil Action No. C-2-90-845

Date

Michael Bailey

Signed in my presence on this the 13th day of November, 1991.

Notary Public BANK, AttomeHW-law
SKtin 14743 R£

 
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Page 1 of 22

APPEAL, CLOSED, R/R
U.S. District Court Southern District of Ohio (Columbus) CIVIL DOCKET FOR CASE #: 2:90-cv-00845-JDH-NMK

Thompson, et al v. Alexander, et al Assigned to: John D. Holschuh Referred to: Norah McCann King Demand: $0 Lead case: 2:90-cv-00845-JDH-NMK (View Member Cases) Cause: 42:1983 Prisoner Civil Rights

Date Filed: 11/07/1990 Jury Demand: Plaintiff Nature of Suit: 550 Prisoner: Civil Rights Jurisdiction: Federal Question

Plaintiff James W Thompson

represented by Max Kravitz Kravitz, Gatterdam & Brown, LLC 145 E Rich Street Columbus, OH 43215 614-464-2000 Email: mkravitz@kgbllc.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff
George A Laguta TERMINATED: 11/15/1991

Michael Hiram Carpenter Carpenter & Lipps LLP 280 Plaza, Suite 1300 280 North High Street Columbus, OH 43215 614-365-4100 Fax: 614-364-9145 Email: carpenter@carpenterlipps.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by George A Laguta A-255-357 Ohio State Reformatory P.O. Box 788 Mansfield, OH 44901 PRO SE

Max Kravitz (See above for address) TERMINATED: 11/15/1991 LEAD ATTORNEY ATTORNEY TO BE NOTICED

https://ecf.ohsd.uscourts.gov/cgi-bin/DktRpt.pl?116111666090524-L_280_0-1

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CM/ECF LIVE - U.S. District Court:OHSD - Docket Report

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Plaintiff Michael Kevin Bailey
V. Defendant George D Alexander
Defendant Rodney L Francis
Defendant Betty J Mitchell

represented by Michael Kevin Bailey #141-957 Lima Correctional Institution P.O. Box 4571 Lima, OH 45802 PRO SE
represented by Carol Anne Hamilton O'Brien Ohio Attorney General - 2 Corrections Litigation 150 E Gay Street 15th Floor Columbus, OH 43215 614-644-7233 Email: Cobrien@ag.state.oh.us LEAD ATTORNEY ATTORNEY TO BE NOTICED
John Franklin Berry PO Box 950 707 Sixth Street Portsmouth, OH 45662 740-353-4191 Email: jberry@adsglobal.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Carol Anne Hamilton O'Brien (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
John Franklin Berry (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Carol Anne Hamilton O'Brien (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
John Franklin Berry

https://ecf.ohsd.uscourts.gov/cgi-bin/DktRpt.pl?116111666090524-L_280_0-1

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CM/ECF LIVE - U.S. District Court:OHSD - Docket Report

Page 3 of 22

Defendant Raymond E Brown
Defendant Dorthy Wrightsel
Defendant James Jones
Defendant George Wilson
Defendant Reginald A Wilkinson

(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Carol Anne Hamilton O'Brien (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
John Franklin Berry (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Carol Anne Hamilton O'Brien (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
John Franklin Berry (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Carol Anne Hamilton O'Brien (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
John Franklin Berry (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Carol Anne Hamilton O'Brien (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
John Franklin Berry (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by John Franklin Berry

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Date Filed 11/07/1990 11/07/1990 11/07/1990 11/07/1990
11/07/1990 11/29/1990
12/06/1990
01/22/1991 01/22/1991 02/06/1991 03/06/1991
03/20/1991 03/25/1991

(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

#

Docket Text

1 MOTION by plaintiff George A Laguta to proceed in forma pauperis ( no pgs: 2) (pl) (Entered: 11/13/1990)

2 MOTION by plaintiff Michael K Bailey to proceed in forma pauperis ( no pgs: 2) (pl) (Entered: 11/13/1990)

3 MOTION by plaintiff James - Thompson to proceed in forma pauperis ( no pgs: 2) (pl) (Entered: 11/13/1990)

4 ORDER by Magistrate Norah M. King granting motion to proceed in forma pauperis [3-1] granting motion to proceed in forma pauperis [2-1] granting motion to proceed in forma pauperis [1-1] (cc: all counsel) ( no pgs: 2) (pl) (Entered: 11/13/1990)

5 COMPLAINT (Summons issued) (referred to Magistrate Norah M. King ) ( no. pgs: 50) (pl) (Entered: 11/13/1990)

6 RETURN OF SERVICE executed upon defendant George D Alexander, defendant Rodney L Francis, defendant Betty J Mitchell, defendant Raymond E Brown, defendant Dorthy Wrightsel, defendant James Jones on 11/21/90 ( no pgs: 6) (pl) (Entered: 11/30/1990)

7 ANSWER by defendant George D Alexander, defendant Rodney L Francis, defendant Betty J Mitchell, defendant Raymond E Brown, defendant Dorthy Wrightsel, defendant James Jones, defendant George Wilson ( no pgs: 2) (pl) (Entered: 12/07/1990)

8 MOTION by plaintiff James W Thompson, plaintiff Michael K Bailey, plaintiff George A Laguta for appointment of counsel ( no pgs: 2) (pl) (Entered: 01/23/1991)

9 MOTION by plaintiff James W Thompson, plaintiff Michael K Bailey, plaintiff George A Laguta to certify class action ( no pgs: 4) (pl) (Entered: 01/23/1991)

10 RETURN OF SERVICE executed upon defendant George Wilson on 11/21/90 ( no pgs: 1) (pl) (Entered: 02/06/1991)

11 ORDER by Chief Judge John D. Holschuh granting motion for appointment of counsel [8-1] denying motion to certify class action without prejudice [9-1] (cc: all counsel) ( no pgs: 1) (pl) (Entered: 03/06/1991)

12 NOTICE of Grievence by plaintiff George A Laguta () (bw) (Entered: 03/27/1991)

13 NOTICE by plaintiff George A Laguta of attachment of exhibits () (bw)

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05/28/1991
06/07/1991 06/20/1991 06/24/1991 06/26/1991 06/28/1991 07/02/1991
07/02/1991 07/11/1991 07/19/1991 07/24/1991

(Entered: 03/27/1991)
14 MOTION by defendant George Wilson, defendant James Jones, defendant Dorthy Wrightsel, defendant Raymond E Brown, defendant Betty J Mitchell, defendant Rodney L Francis, defendant George D Alexander for judgment on the pleadings ( no pgs: 11) (pl) (Entered: 05/29/1991)
15 NOTICE of hearing ; Status conference ASET 2:45 7/10/91 (cc: all counsel) (pl) (Entered: 06/10/1991)
16 MOTION by plaintiff George A Laguta, plaintiff Michael K Bailey, plaintiff James W Thompson for leave to file motions, papers and documents on behalf of themselves; notwithstanding appt of counsel ( no pgs: 9) (pl) (Entered: 06/24/1991)
17 MOTION by plaintiff George A Laguta, plaintiff Michael K Bailey, plaintiff James W Thompson for preliminary injunction , and for temporary restraining order ( no pgs: 65) (pl) (Entered: 06/25/1991)
18 MOTION by plaintiff George A Laguta to extend (waive) time limitations to file or articulate appeals or objectionable motions or relevent arguments ( no pgs: 2) (pl) (Entered: 06/28/1991)
19 MOTION by plaintiff George A Laguta, plaintiff Michael K Bailey, plaintiff James W Thompson for hearing on Pltf motion for preliminary inj and TRO ( no pgs: 2) (pl) (Entered: 07/03/1991)
20 RESPONSE by defendant George Wilson, defendant James Jones, defendant Dorthy Wrightsel, defendant Raymond E Brown, defendant Betty J Mitchell, defendant Rodney L Francis, defendant George D Alexander to motion for leave to file motions, papers and documents on behalf of themselves; notwithstanding appt of counsel [16-1] ( no pgs: 3) (pl) (Entered: 07/03/1991)
20 MOTION by defendant to strike motion for temporary restraining order [17-2], motion for preliminary injunction [17-1] ( no pgs: 3) (pl) (Entered: 07/03/1991)
21 NOTICE of hearing ; Status conference reset 2:45 8/21/91 (cc: all counsel) (pl) (Entered: 07/12/1991)
22 REPLY by plaintiff Michael K Bailey, plaintiff James W Thompson to response to motion for leave to file motions, papers and documents on behalf of themselves; notwithstanding appt of counsel [16-1] ( no pgs: 5) (pl) (Entered: 07/22/1991)
23 OPINION AND ORDER: by Chief Judge John D. Holschuh denying motion for leave to file motions, papers and documents on behalf of themselves; notwithstanding appt of counsel [16-1] denying motion for temporary restraining order [17-2] denying motion for preliminary injunction [17-1] denying motion to extend (waive) time limitations to file or articulate appeals or objectionable motions or relevent arguments [18-1] denying motion for hearing on Pltf motion for preliminary inj and

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08/21/1991 08/30/1991
09/30/1991 10/24/1991 11/15/1991 11/15/1991 11/15/1991 11/15/1991 12/02/1991 12/10/1991 12/17/1991 01/31/1992 02/03/1992 02/03/1992

TRO [19-1] denying motion to strike motion for temporary restraining order [17-2], motion for preliminary injunction [17-1] [20-1] (cc: all counsel) ( no pgs: 2) (pl) (Entered: 07/24/1991)
24 ORDER by Mag. Judge Norah M. King; PPT Conf held 8/21/91, No appearance on behalf of pltf ; Prelim pretrial conf set 12:45 8/28/91 (cc: all counsel) ( no pgs: 1) (pl) (Entered: 08/23/1991)
25 PRELIMINARY SCHEDULING ORDER by Mag. Judge Norah M. King ; Preliminary pretrial conf was held on 8/28/91; memo contra to motion for jgmt on the pleadings due 10/1/91; cont'd PPT conf to be held ( no pgs: 2) (cc: all counsel) (pl) (Entered: 09/03/1991)
26 MOTION by plaintiff James W Thompson to extend response date 45 days to motion for jgmt on pleadings ( no pgs: 3) (pl) (Entered: 10/03/1991)
27 ORDER by Mag. Judge Norah M. King granting motion to extend response date 45 days to motion for jgmt on pleadings [26-1]; ext to 11/15/91 (cc: all counsel) ( no pgs: 1) (pl) (Entered: 10/25/1991)
28 MOTION by plaintiff James W Thompson, plaintiff Michael K Bailey to certify class action ( no pgs: 5) (pl) (Entered: 11/20/1991)
29 STIPULATION and consent to filing of amended complaint ( no pgs: 2) (pl) (Entered: 11/20/1991)
30 AMENDED COMPLAINT by plaintiff James W Thompson, plaintiff Michael Kevin Bailey adding Reginald A Wilkinson (dropping LaGuta) ( no pgs: 24) (pl) (Entered: 11/20/1991)
31 RESPONSE by plaintiff James W Thompson, plaintiff Michael Kevin Bailey to motion for judgment on the pleadings [14-1] ( no pgs: 4) (pl) (Entered: 11/20/1991)
32 MOTION by defendant to dismiss ( no pgs: 12) (pl) (Entered: 12/04/1991)
33 MOTION by all defendants to stay class certification determination during pendency of motion to dismiss ( no pgs: 3) (pl) (Entered: 12/11/1991)
34 Stipulation and ORDER by Mag. Judge Norah M. King :extending response date to 2/3/92 to respond to motions to certify class and dismiss. (cc: all counsel) ( no pgs: 1) (dc) (Entered: 12/19/1991)
35 REPLY by plaintiff James W Thompson, plaintiff Michael Kevin Bailey to response to motion to dismiss [32-1] ( no pgs: 11) (dc) (Entered: 02/03/1992)
36 RESPONSE by plaintiff James W Thompson to motion to stay class certification determination during pendency of motion to dismiss [33-1] ( no pgs: 3) (dc) (Entered: 02/06/1992)
37 RESPONSE by plaintiff Michael Kevin Bailey to motion to dismiss [32-

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02/03/1992 03/02/1992 03/03/1992
03/10/1992 03/19/1992 03/27/1992
04/10/1992 04/20/1992 04/20/1992 05/19/1992 09/15/1992 09/30/1992 10/01/1992 10/14/1992 12/04/1992

1] ( no pgs: 11) (dc) (Entered: 02/06/1992)
38 RESPONSE by plaintiff Michael Kevin Bailey to motion to stay class certification determination during pendency of motion to dismiss [33-1] ( no pgs: 3) (dc) (Entered: 02/06/1992)
39 NOTICE of continued PPTC for 4/8/92 @ 1:15pm ( no pgs: 1) (dc) (Entered: 03/03/1992)
40 ORDER by Chief Judge John D. Holschuh finding the motion to stay class certification determination during pendency of motion to dismiss [33-1] moot. denying in part and granting in part motion to dismiss [321] finding the motion for judgment on the pleadings [14-1] moot. (cc: all counsel) ( no pgs: 7) (dc) (Entered: 03/03/1992)
41 NOTICE of continued PPTC to 4/9/92 @10am ( no pgs: 1) (dc) (Entered: 03/10/1992)
42 MOTION by defendant to extend time to respond to motion for class certification ( no pgs: 3) (dc) (Entered: 03/24/1992)
43 ORDER by Mag. Judge Norah M. King granting motion to extend time to respond to motion for class certification until 4/10/92.[42-1] and answer the amended complaint. (cc: all counsel) ( no pgs: 1) (dc) Modified on 03/28/1992 (Entered: 03/27/1992)
44 ORDER by Mag. Judge Norah M. King: extending time to 4/20/92 to respond to the amended complaint and motion to certify the class. (cc: all counsel) ( no pgs: 1) (dc) (Entered: 04/10/1992)
45 ANSWER to amended complaint by defendants ( no pgs: 3) (dc) (Entered: 04/27/1992)
46 RESPONSE by defendants to motion to certify class action [28-1] ( no pgs: 4) (dc) (Entered: 04/27/1992)
47 ORDER by Chief Judge John D. Holschuh granting motion to certify class action [28-1] (cc: all counsel) ( no pgs: 4) (dc) (Entered: 05/19/1992)
48 NOTICE of hearing ; Status conference set before 1:15 9/30/92 (cc: all counsel) (pl) (Entered: 09/15/1992)
49 NOTICE setting this action for Preliminary PTC 1:30 12/9/92 no pgs: 1 (cc: all counsel) (pl) (Entered: 10/01/1992)
50 ORDER by Mag. Judge Norah M. King ; Status conference held 9/30/92 ; cont'd PPT Conf will be held 12/92 (cc: all counsel) ( no pgs: 2) (pl) (Entered: 10/02/1992)
51 ORDER by Mag. Judge Norah M. King appointing Michael Carpenter as co-counsel for pltfs (cc: all counsel) ( no pgs: 1) (pl) (Entered: 10/14/1992)
52 MOTION by plaintiff James W Thompson, plaintiff Michael Kevin

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12/10/1992
12/10/1992 12/10/1992 12/14/1992 12/14/1992 12/17/1992 12/31/1992 12/31/1992 01/04/1993
01/04/1993 01/08/1993 01/14/1993 01/21/1993 02/09/1993

Bailey for order requesting reasonable access to clients ( no pgs: 20) (pl) (Entered: 12/07/1992)
53 PRELIMINARY SCHEDULING ORDER by Mag. Judge Norah M. King ; Preliminary pretrial conf was held on 1:30 12/9/92 ; Evidentiary hearing set 1/11/93 at 10:00; Defts have to 1/9/93 to file a motion for S/J; Defts may file a motion to quash subpoena by 12/14/92, pltf response by 12/28/92 and reply by 12/31/92; Expert witness ID by Pltf 4/30/93, by defts 5/31/93; discovery cutoff ddl set for 6/30/93 ;mtn filing ddl set for 7/31/93; cont'd PPT Conf on 2/3/93 at 1:00 p.m. ( no pgs: 2) (cc: all counsel) (pl) (Entered: 12/10/1992)
54 NOTICE of hearing ; In-court hearing set before NMK 10:00 1/11/93 (cc: all counsel) (pl) (Entered: 12/10/1992)
55 NOTICE setting this action for Preliminary PTC 1:00 2/3/93 no pgs: 1 (cc: all counsel) (pl) (Entered: 12/10/1992)
56 MOTION by defendants to quash Pltf subpoena for production of documents ( no pgs: 8) (pl) (Entered: 12/16/1992)
56 OBJECTIONS by defendant to subpoena for production of documents ( no pgs: 8) (pl) (Entered: 12/16/1992)
57 RESPONSE by plaintiff James W Thompson, plaintiff Michael Kevin Bailey to motion to quash Pltf subpoena for production of documents [56-1] ( no pgs: 4) (pl) (Entered: 12/18/1992)
58 REPLY by defendant to response to motion to quash Pltf subpoena for production of documents [56-1] ( no pgs: 42) (pl) (Entered: 01/04/1993)
58 OBJECTIONS by defendants to pltfs' subpoena for production of documents ( no pgs: 42) (pl) (Entered: 01/04/1993)
59 ORDER by Mag. Judge Norah M. King finding the motion for order requesting reasonable access to clients [52-1] moot. ; In-court hearing vacated 10:00 1/11/93 (cc: all counsel) ( no pgs: 1) (pl) (Entered: 01/05/1993)
60 NOTICE that Evidentiary Hearing set 1/11/93 at 10:00 a.m. is vacated ( no pgs: 1) (pl) (Entered: 01/05/1993)
61 MOTION by defendant to extend time to 1/22/93 to file motion for S/J ( no pgs: 3) (pl) (Entered: 01/11/1993)
62 NOTICE setting this action for Preliminary PTC 1:00 3/10/93 no pgs: 1 (cc: all counsel) (pl) (Entered: 01/15/1993)
63 ORDER by Mag. Judge Norah M. King granting motion to extend time to 1/22/93 to file motion for S/J [61-1] (cc: all counsel) ( no pgs: 1) (pl) (Entered: 01/21/1993)
64 ORDER by Mag. Judge Mark R. Abel: Parties have until 2/26/93 to file a brief re consolidation with C2-92-386 (cc: all counsel) ( no pgs: 1) (pl) (Entered: 02/10/1993)

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03/10/1993 03/11/1993
03/11/1993 04/19/1993 04/29/1993 04/30/1993 05/12/1993 05/13/1993
05/21/1993 05/26/1993 05/26/1993 08/09/1993
08/31/1993 09/09/1993 09/21/1993

65 ORDER by Mag. Judge Mark R. Abel denying motion to consolidate w/92-386 (cc: all counsel) ( no pgs: 2) (pl) (Entered: 03/10/1993)
66 ORDER by Mag. Judge Norah M. King ; Prelim pretrial conf held 3/10/93 , ; Prelim pretrial conf set 10:00 5/12/93 withdrawing motion to quash Pltf subpoena for production of documents [56-1] (cc: all counsel) ( no pgs: 1) (pl) (Entered: 03/12/1993)
67 NOTICE setting this action for Preliminary PTC 10:00 5/12/93 no pgs: 1 (cc: all counsel) (pl) (Entered: 03/12/1993)
68 MOTION by movant Emma Olan and Records Custodian for the DRC to amend the subpoena ( no pgs: 5) (pl) (Entered: 04/20/1993)
69 RESPONSE by plaintiff James W Thompson, plaintiff Michael Kevin Bailey to motion to amend the subpoena [68-1] ( no pgs: 3) (pl) (Entered: 04/29/1993)
70 MOTION by plaintiff James W Thompson, plaintiff Michael Kevin Bailey to extend time to ID experts and for disc ( no pgs: 4) (pl) (Entered: 05/03/1993)
71 NOTICE of hearing ; Status conference set before NMK 10:00 5/26/93 (cc: all counsel) (pl) (Entered: 05/13/1993)
72 ORDER by Mag. Judge Norah M. King ; Prelim pretrial conf held 5/12/93 denying without prejudice motion to amend the subpoena [68-1] granting motion to extend time to ID experts and for disc [70-1], sched1.; ID Experts by 6/30/93, by defts 8/31/93 ; Discovery ddl reset 9/30/93 ; Mtn filing ddl reset 10/31/93 (cc: all counsel) ( no pgs: 2) (pl) (Entered: 05/13/1993)
73 ORDER by Mag. Judge Norah M. King Pltf ID experts by 8/31/93; defts by 10/31/93; Discovery ddl set 11/30/93 ; Mtn filing ddl set 12/31/93 (cc: all counsel) ( no pgs: 1) (pl) (Entered: 05/24/1993)
74 ORDER by Mag. Judge Norah M. King ; Status conference re disc set 10:00 6/1/93 (cc: all counsel) ( no pgs: 1) (pl) (Entered: 05/27/1993)
75 NOTICE of hearing ; Disc conference set 10:00 6/1/93 (cc: all counsel) (pl) (Entered: 05/27/1993)
76 ATTORNEY APPEARANCE for defendant George Wilson, defendant James Jones, defendant Dorthy Wrightsel, defendant Raymond E Brown, defendant Betty J Mitchell, defendant Rodney L Francis, defendant George D Alexander, defendant Reginald A Wilkinson by Charles Leon Price ( no pgs: 2) (pl) (Entered: 08/10/1993)
77 Witness list submitted by plaintiffs ( no pgs: 2) (gk) (Entered: 09/01/1993)
78 NOTICE of hearing ; Status conference set 10:00 9/17/93 (cc: all counsel) (pl) (Entered: 09/10/1993)
79 ORDER by Mag. Judge Norah M. King ; Status conference held

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09/21/1993 11/15/1993
11/15/1993 11/29/1993 12/13/1993 01/21/1994
01/21/1994 03/17/1994 03/18/1994 04/04/1994 04/11/1994
04/11/1994 05/05/1994 05/11/1994

9/17/93 , ; Status conference set 9:00 11/8/93 (cc: all counsel) ( no pgs: 3) (pl) (Entered: 09/21/1993)
80 NOTICE of hearing ; Status conference set 9:00 11/8/93 (cc: all counsel) (pl) (Entered: 09/21/1993)
81 ORDER by Mag. Judge Norah M. King ; Discovery ddl vacated 11/30/93 ; Status conference held 1/13/94 ; Status conference set 2:00 1/13/94 ; Mtn filing ddl vacated 12/31/93 (cc: all counsel) ( no pgs: 3) (pl) (Entered: 11/15/1993)
82 NOTICE of hearing ; Status conference set 2:00 1/13/94 (cc: all counsel) (pl) (Entered: 11/15/1993)
83 NOTICE of hearing ; Status conference reset before NMK 2:00 1/12/93 (cc: all counsel) (pl) (Entered: 11/30/1993)
84 NOTICE of hearing ; Status conference reset 3:30 1/19/93 before NMK (cc: all counsel) (pl) (Entered: 12/15/1993)
85 ORDER by Mag. Judge Norah M. King ; Status conference held 1/19/93 ; agreement reached on 90% of issues; a draft of a settlement agreement will be done by 2/21/94; all counsel will have conferred regarding the proposal by 3/7/94; Status conference set 10:00 3/16/94 (cc: all counsel) ( no pgs: 2) (pl) (Entered: 01/24/1994)
86 NOTICE of hearing ; Status conference set 10:00 3/16/94 before NMK (cc: all counsel) (pl) (Entered: 01/24/1994)
87 ORDER by Mag. Judge Norah M. King ; Status conference held 3/16/94 ; Status conference set 1:00 4/6/94 (cc: all counsel) ( no pgs: 2) (pl) (Entered: 03/18/1994)
88 NOTICE of hearing ; Status conference set 1:30 4/6/94 before NMK (cc: all counsel) (pl) (Entered: 03/21/1994)
89 OBJECTIONS by plaintiff Johnny Fugett, plaintiff Michael Kevin Bailey to Proposed Settlement Agreement ( no pgs: 34) (pl) (Entered: 04/05/1994)
90 ORDER by Mag. Judge Norah M. King ; Status conference held 4/6/94 ; By 4/8/94, pltf counsel to make available to deft counsel a preliminary articulation of points upon which the parties are expected to disagree, to be supplemented on a regular basis; Deft counsel to advise pltf counsel of budget process on a regular basis; Status conference set 1:30 5/2/94 ; (cc: all counsel) ( no pgs: 2) (pl) (Entered: 04/11/1994)
91 NOTICE of hearing ; Status conference set 1:30 5/2/94 before NMK (cc: all counsel) (pl) (Entered: 04/11/1994)
92 ORDER by Mag. Judge Norah M. King ; Status conference held 5/2/94 ; Status conference set 10:30 5/9/94 (cc: all counsel) ( no pgs: 2) (pl) (Entered: 05/05/1994)
93 ORDER by Mag. Judge Norah M. King ; Status conference was held

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05/11/1994 05/31/1994 06/16/1994
06/16/1994 07/14/1994 07/15/1994 09/08/1994 09/08/1994 10/14/1994 10/14/1994 11/29/1994 11/29/1994 12/02/1994 01/17/1995 01/17/1995

10:30 5/9/94 , Another status conference will be held 10:00 6/8/94 (cc: all counsel) ( no pgs: 2) (mc) (Entered: 05/13/1994)
94 NOTICE of hearing Status conference will be held 10:00 6/8/94 (cc: all counsel) (mc) (Entered: 05/13/1994)
95 ORDER by Judge James L. Graham denying motion for reconsideration filed in C2-91-573 (cc: all counsel) ( no pgs: 2) (pl) (Entered: 06/01/1994)
96 ORDER by Mag. Judge Norah M. King ; Status conference held 6/8/94 ;Prel inj motion re return of inmates Bailey & Watters to LOCI due by 7/13/94; Status conference set 10:00 7/13/94 (cc: all counsel) ( no pgs: 2) (pl) (Entered: 06/17/1994)
97 NOTICE of hearing ; Status conference set 10:00 7/13/94 before NMK (cc: all counsel) (pl) (Entered: 06/20/1994)
98 ORDER by Mag. Judge Norah M. King ; Status conference held 7/13/94 , ; Status conference set 2:00 9/1/94 (cc: all counsel) ( no pgs: 2) (pl) (Entered: 07/14/1994)
99 NOTICE of hearing ; Status conference set 2:00 9/1/94 before NMK (cc: all counsel) (pl) (Entered: 07/18/1994)
100 ORDER by Mag. Judge Norah M. King ; Status conference held 9/1/94 ; Status conference set 10:00 10/12/94 (cc: all counsel) ( no pgs: 2) (pl) (Entered: 09/08/1994)
101 NOTICE of hearing ; Status conference set 10:00 10/12/94 (cc: all counsel) (pl) (Entered: 09/08/1994)
102 ORDER by Mag. Judge Norah M. King Status conference scheduled for 10:00 11/22/94; Status conference held 10/12/94 (cc: all counsel) ( no pgs: 2) (gk) (Entered: 10/14/1994)
103 NOTICE of hearing ; Status conference set 10:00 11/22/94 (cc: all counsel) (pl) (Entered: 10/17/1994)
104 ORDER by Mag. Judge Norah M. King ; Status conference held 11/22/94 ; Status conference set 10:00 1/9/95 (cc: all counsel) ( no pgs: 2) (pl) (Entered: 11/30/1994)
105 NOTICE of hearing ; Status conference set 10:00 1/9/95 (cc: all counsel) (pl) (Entered: 11/30/1994)
106 ORDER by Mag. Judge Norah M. King re scope of discovery (cc: all counsel) ( no pgs: 4) (pl) (Entered: 12/05/1994)
107 ORDER by Mag. Judge Norah M. King ; Status conference held 1/9/95 ; Motion for court to appoint expert due 1/25/95; Status conference set 10:00 2/21/95 (cc: all counsel) ( no pgs: 3) (pl) (Entered: 01/19/1995)
108 NOTICE of hearing ; Status conference set 10:00 2/21/95 (cc: all counsel) (pl) (Entered: 01/19/1995)

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01/25/1995 01/27/1995 02/17/1995 02/21/1995
02/22/1995 02/22/1995 02/23/1995 03/01/1995 03/01/1995 03/01/1995 03/03/1995 03/28/1995
03/29/1995

109 MOTION by plaintiff James W Thompson, plaintiff Michael Kevin Bailey for order appointing experts ( no pgs: 6) (pl) (Entered: 01/26/1995)
110 NOTICE of change of address by Charles L. Price f/defts ( no pgs: 2) (pl) (Entered: 01/30/1995)
111 REPLY by plaintiff James W Thompson, plaintiff Michael Kevin Bailey to response to motion for order appointing experts [109-1] ( no pgs: 4) (pl) Modified on 06/10/1997 (Entered: 02/22/1995)
112 RESPONSE by defendant George Wilson, defendant James Jones, defendant Dorthy Wrightsel, defendant Raymond E Brown, defendant Betty J Mitchell, defendant Rodney L Francis, defendant George D Alexander, defendant Reginald A Wilkinson to motion for order appointing experts [109-1] ( no pgs: 4) (pl) Modified on 06/10/1997 (Entered: 02/22/1995)
113 ORDER by Mag. Judge Norah M. King ; Status conference held 2/21/95 ; Status conference set 2:00 2/28/95 (cc: all counsel) ( no pgs: 2) (pl) (Entered: 02/23/1995)
114 NOTICE of hearing ; Status conference set 2:00 2/28/95 (cc: all counsel) (pl) (Entered: 02/23/1995)
115 ORDER by Mag. Judge Terence P. Kemp consolidating cases Case consolidated C2-94-320 with lead case C2-90-845 (cc: all counsel) ( no pgs: 2) (pl) (Entered: 02/24/1995)
116 ORDER by Mag. Judge Norah M. King: ODRC is to pay for consulting services as follows: to Patrick D. McManus - $4,986.41; to Armond H. Start - $4,994.85; to Ward C. Duel - $3,944.45 for a total of $13,925.71 (cc: all counsel) ( no pgs: 16) (pl) (Entered: 03/03/1995)
117 NOTICE of hearing ; Status conference set 2:00 3/28/95 before NMK (cc: all counsel) (pl) (Entered: 03/03/1995)
118 ORDER by Mag. Judge Norah M. King: Stat conf held 2/28/95; withdrawing motion for order appointing experts [109-1]; another conf will be held 3/28/95 at 2:00 p.m. (cc: all counsel) ( no pgs: 3) (pl) (Entered: 03/03/1995)
Mail Returned, [115-2] address to David Panko, paroled (pl) (Entered: 03/13/1995)
119 ATTORNEY APPEARANCE for defendant George Wilson, defendant James Jones, defendant Dorthy Wrightsel, defendant Raymond E Brown, defendant Betty J Mitchell, defendant Rodney L Francis, defendant George D Alexander, defendant Reginald A Wilkinson by John Franklin Berry ( no pgs: 2) (pl) (Entered: 03/29/1995)
120 ORDER by Mag. Judge Norah M. King: Pltf counsel will make every effort to arrange for expert services to assisting counsel in evaluating the revised master conceptual plan by 5/4/95 (cc: all counsel) ( no pgs: 2) (pl)

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03/29/1995 05/03/1995 05/15/1995 05/15/1995 05/25/1995 06/20/1995 07/13/1995 07/13/1995 08/14/1995 08/15/1995 08/23/1995 09/29/1995
09/29/1995 11/15/1995 11/15/1995

(Entered: 04/04/1995)
121 NOTICE of hearing ; Status conference set 1:30 5/4/95 (cc: all counsel) (pl) (Entered: 04/04/1995)
122 NOTICE of hearing ; Status conference set 1:00 5/11/95 before NMK (cc: all counsel) (pl) (Entered: 05/04/1995)
123 ORDER by Mag. Judge Norah M. King ; Status conference held 5/11/95 in 2:90-cv-00845 ; another status conf will be scheduled for July 95 (cc: all counsel) ( no pgs: 2) (pl) (Entered: 05/17/1995)
124 NOTICE of hearing ; Status conference set 1:30 7/31/95 in 2:90-cv00845 (cc: all counsel) (pl) (Entered: 05/17/1995)
125 MOTION by defendant for relief from judgment ( no pgs: 4) (gk) (Entered: 05/26/1995)
126 ORDER by Mag. Judge Norah M. King granting motion for relief from judgment [125-1]; the pltf in Wells has 20 days to respond to the motion for S/J (cc: all counsel) ( no pgs: 2) (pl) (Entered: 06/21/1995)
127 ORDER by Mag. Judge Norah M. King ; Status conference set 2:00 8/10/95 before NMK (cc: all counsel) ( no pgs: 1) (pl) (Entered: 07/13/1995)
128 NOTICE of hearing ; Status conference set 2:00 8/10/95 (cc: all counsel) (pl) (Entered: 07/14/1995)
129 ORDER by Mag. Judge Norah M. King ; Status conference held 8/10/95 ; Status conference set 2:00 9/28/95 (cc: all counsel) ( no pgs: 3) (pl) (Entered: 08/15/1995)
130 NOTICE of hearing ; Status conference set 2:00 9/28/95 (cc: all counsel) (pl) (Entered: 08/16/1995)
131 NOTICE by plaintiff George A Laguta of change of address ( no pgs: 1) (mc) (Entered: 08/23/1995)
132 ORDER by Mag. Judge Norah M. King ; Status conference held 9/28/95 in 2:90-cv-00845 ; Defts' moost recent settlement proposal is under consideration by Pltfs; Status conference set 1:00 11/13/95 in 2:90-cv00845 ; class counsel does not represent pltf Wells in C2-94-320 (cc: all counsel) ( no pgs: 3) (pl) (Entered: 10/02/1995)
133 NOTICE of hearing ; Status conference set 1:00 11/13/95 in 2:90-cv00845 (cc: all counsel) (pl) (Entered: 10/02/1995)
134 ORDER by Mag. Judge Norah M. King Status conference set for 12:30 12/13/95; Status conference held 11/13/95 (cc: all counsel) ( no pgs: 2) (gk) (Entered: 11/15/1995)
135 NOTICE of hearing Status conference scheduled for 12:30 12/13/95 (cc: all counsel) (gk) (Entered: 11/15/1995)

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12/15/1995 12/20/1995
01/31/1996 03/15/1996 04/25/1996 04/26/1996 09/11/1996 09/24/1996
09/24/1996 09/27/1996 11/25/1996 11/25/1996 12/05/1996 12/19/1996 01/03/1997 01/03/1997

136 NOTICE of hearing ; Status conference set 10:00 2/20/96 (cc: all counsel) (pl) (Entered: 12/20/1995)
137 ORDER by Mag. Judge Norah M. King ; Status conference held 12:30 12/13/95 ; Disml pprs ddl set 2/1/96 , ; Status conference set 10:00 2/20/96 (cc: all counsel) ( no pgs: 2) (pl) Modified on 12/20/1995 (Entered: 12/20/1995)
138 NOTICE of hearing ; Status conference reset 10:00 3/19/96 before NMK (cc: all counsel) (pl) (Entered: 02/05/1996)
139 NOTICE of hearing ; Status conference reset 10:00 4/23/96 (cc: all counsel) (pl) (Entered: 03/18/1996)
140 ORDER by Mag. Judge Norah M. King ; Status conference held 4/23/96 ; Another status conf for 10:00 7/16/96 (cc: all counsel) ( no pgs: 2) (pl) (Entered: 04/25/1996)
141 NOTICE of hearing ; Status conference set 10:00 7/16/96 before NMK (cc: all counsel) (pl) (Entered: 04/29/1996)
142 NOTICE of hearing ; Status conference set 1:30 9/17/96 (cc: all counsel) (pl) (Entered: 09/12/1996)
143 ORDER by Mag. Judge Norah M. King ; Status conference was held 1:30 9/17/96 Dft's counsel will re-draft the agreement and make it available to pltfs' counsel within 30 days. (cc: all counsel) ( no pgs: 3) (mc) (Entered: 09/25/1996)
144 NOTICE of hearing ; Status conference will be held 2:00 11/21/96 (cc: all counsel) (mc) (Entered: 09/25/1996)
Mail Returned, Order [143-2] addressed to Charles Leon Price for defendant Reginald A Wilkinson (mc) (Entered: 09/30/1996)
145 ORDER by Mag. Judge Norah M. King Status conference via telephone held 2:00 11/21/96 (cc: all counsel) ( no pgs: 2) (gk) Modified on 06/10/1997 (Entered: 11/26/1996)
146 NOTICE of hearing Status conference set for 2:00 12/19/96 (cc: all counsel) (gk) (Entered: 11/26/1996)
Mail Returned, [146-2] addressed to Charles Leon Price for defendant Reginald A Wilkinson (pl) (Entered: 12/06/1996)
147 NOTICE of hearing ; Status conference set 2:30 12/23/96 (cc: all counsel) (pl) (Entered: 12/20/1996)
148 ORDER by Mag. Judge Norah M. King ; Status conference set 10:00 1/17/97 in 2:90-cv-00845 (cc: all counsel) ( no pgs: 2) (pl) (Entered: 01/03/1997)
149 NOTICE of hearing ; Status conference set 10:00 1/17/97 in 2:90-cv00845 (cc: all counsel) (pl) (Entered: 01/03/1997)

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01/17/1997 01/17/1997 02/13/1997 02/18/1997 03/07/1997
03/07/1997 03/12/1997 03/13/1997 03/21/1997 03/31/1997 04/14/1997 04/14/1997 05/21/1997 06/03/1997 06/03/1997

150 ORDER by Mag. Judge Norah M. King ; Status conference held 10:00 1/17/97 ; Status conference set 10:00 2/7/97 (cc: all counsel) ( no pgs: 2) (pl) (Entered: 01/17/1997)
151 NOTICE of hearing ; Status conference set 10:00 2/7/97 (cc: all counsel) (pl) (Entered: 01/17/1997)
152 ORDER by Mag. Judge Norah M. King ; Status conference held 2/7/97 ; Status conference set 10:00 3/7/97 (cc: all counsel) ( no pgs: 2) (pl) (Entered: 02/14/1997)
153 NOTICE of hearing ; Status conference set 10:00 3/7/97 (cc: all counsel) (pl) (Entered: 02/21/1997)
154 ORDER by Mag. Judge Norah M. King ; Status conference held 3/7/97 ; Pltfs have not given final approval to the proposed private settlement agreement; Status conference set 10:30 3/21/97 (cc: all counsel) ( no pgs: 2) (pl) (Entered: 03/11/1997)
155 NOTICE of hearing ; Status conference set 10:30 3/21/97 (cc: all counsel) (pl) (Entered: 03/11/1997)
156 NOTICE by defendants of change of address ( no pgs: 2) (pl) (Entered: 03/13/1997)
Mail Returned [154-2] addressed to Charles Leon Price for defendant Reginald A Wilkinson (pl) (Entered: 03/17/1997)
157 STATUS REPORT by defendants, plaintiffs ( no pgs: 3) (pl) (Entered: 03/25/1997)
158 NOTICE of hearing ; Status conference set 10:00 4/11/97 (cc: all counsel) (pl) (Entered: 04/01/1997)
159 ORDER by Mag. Judge Norah M. King counsel for pltf class have approved proposed private settlement agreement; Status conference set 10:00 4/19/97 (cc: all counsel) ( no pgs: 2) (pl) (Entered: 04/17/1997)
160 NOTICE of hearing ; Status conference set 10:00 4/19/97 (cc: all counsel) (pl) (Entered: 04/17/1997)
161 NOTICE of hearing ; Status conference set 10:00 6/3/97 (cc: all counsel) (pl) (Entered: 05/22/1997)
162 MOTION by defendant, plaintiff, defendant for order for preliminary approval of proposed settlement agreement ( no pgs: 10 + exhibit) (pl) (Entered: 06/10/1997)
163 ORDER by Judge John D. Holschuh granting motion for order for preliminary approval of proposed settlement agreement [162-1] ; fairness hearing set 10:00 9/25/97 before Mgst Judge King; Objections ddl 9/15/97; prehearing submissions from counsel ddl 9/22/97; notice to be posted nlt 6/13/97; certification re notice ddl 6/20/97 (cc: all counsel) ( no pgs: 4) (pl) (Entered: 06/10/1997)

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06/03/1997
06/03/1997 06/04/1997
06/04/1997 07/01/1997 08/18/1997 08/27/1997 08/29/1997 08/29/1997 09/02/1997 09/04/1997 09/08/1997 09/09/1997 09/11/1997 09/11/1997 09/12/1997
09/12/1997

164 ORDER by Judge John D. Holschuh Case referred to Mag. Judge Norah M. King for a hearing and R & R (cc: all counsel) ( no pgs: 2) (pl) (Entered: 06/10/1997)
165 NOTICE of Proposed Class Action Settlement ( Judge Holschuh) ( no pgs: 8) (pl) (Entered: 06/10/1997)
166 ORDER by Mag. Judge Norah M. King ; Status conference held 6/3/97 ; fairness hearing set 9/25/97 at 10:00; counsel will certify to the Court on 6/20/97 that notice was posted; req for issuance of writs ddl 8/15/97; objections to agreement ddl 9/15/97, counsel memoranda ddl 9/22/97 (cc: all counsel) ( no pgs: 2) (pl) Modified on 06/10/1997 (Entered: 06/05/1997)
167 NOTICE of hearing ; Fairness hearing set 10:00 9/25/97 (cc: all counsel) (pl) Modified on 06/10/1997 (Entered: 06/05/1997)
168 OBJECTIONS by plaintiff George A Laguta and Gordon R. Schilling to [165-1] ( no pgs: 4) (pl) (Entered: 07/03/1997)
169 OBJECTIONS by movant Jeffrey A Murr to private settlement agreement ( no pgs: 3) (pl) (Entered: 08/19/1997)
170 OBJECTIONS by movant Dennis L Lowe to [165-1] ( no pgs: 29) (gk) (Entered: 08/28/1997)
171 OBJECTIONS by movant Karl Keyse to [165-1] ( no pgs: 6) (gk) (Entered: 09/03/1997)
172 OBJECTIONS by movant Johnny Fugett to [165-1] ( no pgs: 8) (gk) (Entered: 09/08/1997)
173 AFFIDAVIT of John F Berry & Max Kravitz regarding notice [165-1] ( no pgs: 7) (gk) Modified on 09/08/1997 (Entered: 09/08/1997)
174 OBJECTIONS by movant John A Polston to [165-1] ( no pgs: 4) (gk) Modified on 09/08/1997 (Entered: 09/05/1997)
175 OBJECTIONS by movant Alvin Turner to Proposed Settlement Agreeement ( no pgs: 2) (pl) (Entered: 09/09/1997)
176 OBJECTIONS by plaintiff Michael Kevin Bailey to Proposed Settlement Agreement ( no pgs: 3) (pl) (Entered: 09/10/1997)
177 OBJECTIONS by movant Richard - Walters, movant James Moore to Private Settlement Agreement ( no pgs: 17) (pl) (Entered: 09/12/1997)
178 OBJECTIONS by movant George Shingleton to Proposed Class Action Settlement ( no pgs: 4) (pl) (Entered: 09/12/1997)
179 NOTICE of hearing ; In-court hearing set 4:00 9/18/97 on motions for TRO and PI before Mgst Judge King (cc: all counsel) (pl) (Entered: 09/15/1997)
180 MOTION by plaintiff James W Thompson, plaintiff Michael Kevin

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09/12/1997 09/12/1997 09/12/1997 09/15/1997 09/16/1997 09/16/1997 09/16/1997 09/17/1997 09/17/1997 09/18/1997 09/19/1997
09/22/1997
09/23/1997 09/23/1997

Bailey to continue Fairness Hearing set for 9/25/97 ( no pgs: 3) (pl) (Entered: 09/15/1997)
181 MOTION by plaintiff James W Thompson, plaintiff Michael Kevin Bailey for writ of habeas corpus ad testificandum ( no pgs: 4) (pl) (Entered: 09/15/1997)
182 MOTION by plaintiff James W Thompson, plaintiff Michael Kevin Bailey for temporary restraining order ( no pgs: 10) (pl) (Entered: 09/15/1997)
183 MOTION by plaintiff James W Thompson, plaintiff Michael Kevin Bailey for preliminary injunction ( no pgs: 3) (pl) (Entered: 09/15/1997)
184 OBJECTIONS to Settlement Agreement by Dean M. Arnett ( no pgs: 7) (pl) Modified on 09/16/1997 (Entered: 09/16/1997)
185 OBJECTIONS to Settlement Agreement by James T. Curtis, James D. Logan and Charles W. Spires ( no pgs: 2) (pl) (Entered: 09/16/1997)
186 OBJECTIONS to Settlement Agreement by Frederick M. Dever ( no pgs: 7) (pl) (Entered: 09/16/1997)
187 OBJECTIONS to Settlement Agreement by Stephen T. Haley ( no pgs: 4) (pl) (Entered: 09/16/1997)
188 OBJECTIONS by Maurice Calloway to Private Settlement Agreement ( no pgs: 2) (pl) (Entered: 09/18/1997)
189 OBJECTIONS by Edward Mayrides to Private Settlement Agreement ( no pgs: 11) (pl) (Entered: 09/18/1997)
190 MOTION by plaintiff Michael Kevin Bailey for leave to file amended objections instanter ( no pgs: 2) (pl) (Entered: 09/18/1997)
191 ORDER by Mag. Judge Norah M. King ; In-court hearing held 9/18/97 withdrawing motion for preliminary injunction [183-1], withdrawing motion for temporary restraining order [182-1], withdrawing motion to continue Fairness Hearing set for 9/25/97 [180-1] (cc: all counsel) ( no pgs: 2) (pl) (Entered: 09/22/1997)
192 MEMORANDUM by defendant, plaintiff, defendant in support of motion for order for preliminary approval of proposed settlement agreement [162-1] and responses to objections ( no pgs: 23 + attachment) (pl) (Entered: 09/24/1997)
193 NOTICE by defendant of filing of objection index ( no pgs: 3) (pl) (Entered: 09/24/1997)
194 OBJECTIONS INDEX by defendant George Wilson, defendant James Jones, defendant Dorthy Wrightsel, defendant Raymond E Brown, defendant Betty J Mitchell, defendant Rodney L Francis, defendant George D Alexander, defendant Reginald A Wilkinson (pl) (Entered: 09/24/1997)

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09/24/1997
09/24/1997 09/29/1997 09/30/1997 09/30/1997 10/03/1997 10/14/1997 10/14/1997 10/21/1997
10/23/1997 10/23/1997 10/23/1997 10/24/1997 10/27/1997 10/27/1997 10/28/1997

195 RESPONSE by defendant to [194-1], to [189-1], to [188-1], to [187-1], to [186-1], to [185-1], to [184-1], to [178-1], to [177-1], to [176-1], to [175-1], to [174-1], to [172-1], to [171-1], to [170-1], to [169-1], to [1681] ( no pgs: 22) (pl) (Entered: 09/29/1997)
196 Supplemental memorandum by defendants in support of class action settlement ( no pgs: 3) (pl) (Entered: 09/30/1997)
197 ORDER for Transcript of 9/25/97 proceedings by Mag. Judge Norah M. King (cc: all counsel) ( no pgs: 1) (pl) (Entered: 09/30/1997)
198 ORDER by Mag. Judge Norah M. King granting motion for leave to file amended objections instanter [190-1] (cc: all counsel) ( no pgs: 2) (pl) (Entered: 09/30/1997)
199 AMENDED OBJECTIONS by plaintiff Michael Kevin Bailey to the Proposed Private Settlement Agreement ( no pgs: 21) (pl) (Entered: 09/30/1997)
Mail Returned addressed to George A Laguta for plaintiff George A Laguta (pl) (Entered: 10/06/1997)
200 MOTION by plaintiff Edward M Mayrides for copy of transcript of fairness hearing and copy of R & R ( no pgs: 2) (pl) (Entered: 10/16/1997)
TRANSCRIPT filed of proceedings held 9/25/97 at 10:00 before Magistrate Judge King (pl) (Entered: 10/16/1997)
201 REPORT AND RECOMMENDATION by Mag. Judge Norah M. King that Court grant final approval of private settlement agreement NOTICE: Parties have 10 days to file objections (cc: all counsel) ( no pgs: 14) (pl) (Entered: 10/23/1997)
CERT RECEIPT # P 201-261-561 exec 10/22/97 by Erie Turner for Michael Carpenter (pl) (Entered: 10/30/1997)
CERT RECEIPT # P 201-261-559 exec 10/22/97 by S. Stephenson for John Berry (pl) (Entered: 10/30/1997)
CERT RECEIPT # P 201-261-560 exec 10/22/97 by BC for Michael Bailey (pl) (Entered: 10/30/1997)
CERT RECEIPT # P201-261-566 exec 10/23/97 by Shawna Casey for Shawn Organ (pl) (Entered: 10/27/1997)
CERT RECEIPT # P 201-261-564 exec 10/23/97 by Cliff Edgington for Gary Andorka (pl) (Entered: 10/30/1997)
CERT RECEIPT # P 201-261-562 exec 10/25/97 by Max Kravitz (pl) (Entered: 10/30/1997)
Mail Returned [197-1] addressed to George A Laguta for plaintiff George A Laguta (pl) (Entered: 10/30/1997)

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10/30/1997 11/03/1997 11/03/1997 11/05/1997
11/06/1997 11/10/1997 11/17/1997 11/26/1997 03/10/1998
03/22/1998 03/27/1998 03/27/1998 03/30/1998

202 OBJECTIONS by plaintiff Michael Kevin Bailey to R & R [201-1] ( no pgs: 9) (pl) (Entered: 10/30/1997)
CERT RECEIPT # P 201-261-563 exec 10/31/97 by Bob Hatddin for George Laguta (pl) (Entered: 11/04/1997)
203 MOTION by plaintiff George A Laguta, plaintiff Michael Kevin Bailey and Gordon Schilling to extend time 30 days to file obj to R & R ( no pgs: 4) (pl) (Entered: 11/04/1997)
204 RESPONSE by defendant George Wilson, defendant James Jones, defendant Dorthy Wrightsel, defendant Raymond E Brown, defendant Betty J Mitchell, defendant Rodney L Francis, defendant George D Alexander, defendant Reginald A Wilkinson to objection of the REPORT AND RECOMMENDATION [201-1] ( no pgs: 6) (sem) (Entered: 11/06/1997)
205 MOTION by defendant to strike motion to extend time 30 days to file obj to R & R [203-1] ( no pgs: 23) (pl) (Entered: 11/10/1997)
206 ORDER by Mag. Judge Norah M. King granting motion to extend time until 11/20/97 to file obj to R & R [203-1] (cc: all counsel) ( no pgs: 2) (sem) (Entered: 11/12/1997)
207 MOTION by plaintiff Michael Kevin Bailey to strike John F. Berry's response to pltf Bailey's notice of objections and notice of intent to request sanctions ( no pgs: 7) (pl) (Entered: 11/18/1997)
208 OBJECTIONS by plaintiff George A Laguta to Report and Recommendation [201-1] ( no pgs: 8) (pl) (Entered: 12/01/1997)
209 OPINION AND ORDER: by Judge John D. Holschuh denying motion to strike John F. Berry's response to pltf Bailey's notice of objections [2071], denying motion to strike motion to extend time 30 days to file obj to R & R [203-1] [205-1], adopting REPORT AND RECOMMENDATION [201-1] granting final approval of the private settlement agreement; counsel to submit the appropriate paperwork for the Court's execution w/i 10 days. Individual pltfs have 30 days to indicate whether or not they wish to pursue their claims (cc: all counsel) ( no pgs: 11) (pl) (Entered: 03/11/1998)
210 MOTION by plaintiff Michael Kevin Bailey to alter judgment ( no pgs: 6) (pl) (Entered: 03/23/1998)
211 ORDER by Judge John D. Holschuh denying motion to alter judgment [210-1] (cc: all counsel) ( no pgs: 3) (pl) (Entered: 03/30/1998)
212 Stipulation and ORDER of Dismissal by Judge John D. Holschuh : some claims dismissed with prejudice, others without prejudice as set forth in this Order. Money damage claims of individual pltfs listed remain pending (cc: all counsel) ( no pgs: 3) (pl) (Entered: 03/31/1998)
213 RESPONSE by defendant to pltf Bailey motion to alter or amend judgment ( no pgs: 8) (pl) (Entered: 03/31/1998)

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04/02/1998 04/06/1998
04/20/1998 04/20/1998 04/20/1998 04/20/1998 05/04/1998 05/14/1998 05/26/1998 06/04/1998 06/23/1998 07/02/1998 07/02/1998
07/17/1998
07/22/1998

214 MOTION by plaintiff James W Thompson, plaintiff Michael Kevin Bailey for order for court award of expenses ( no pgs: 4) (pl) (Entered: 04/02/1998)
215 Stipulation and ORDER by Mag. Judge Norah M. King : granting motion for order for court award of expenses [214-1]: deft ODRC to pay Patrick D. McManus expenses in the amt of $13,511.24 (cc: all counsel) ( no pgs: 2) (pl) (Entered: 04/06/1998)
216 NOTICE OF APPEAL by plaintiff Michael Kevin Bailey from Dist. Court decision [209-1] of 03/10/98 ( no pgs: 3) (sh) (Entered: 04/28/1998)
APPEAL FEE unpaid (sh) (Entered: 04/28/1998)
217 MOTION by plaintiff Michael Kevin Bailey to proceed in forma pauperis on appeal ( no pgs: 3) (sh) (Entered: 04/28/1998)
APPEAL NOTIFICATION issued CA. (sh) (Entered: 04/28/1998)
218 ORDER by Mag. Judge Norah M. King (cc: all counsel) Plaintiff has 30 days to either pay in full filing fees or submit the information required by the PLRA ( no pgs: 2) (sh) (Entered: 05/04/1998)
RECEIPT OF USCA APPEAL NUMBER - Number Assigned: 98-3509 (sh) (Entered: 05/15/1998)
219 MOTION by plaintiff Michael Kevin Bailey to proceed in forma pauperis on appeal ( no pgs: 8) (sem) (Entered: 05/26/1998)
220 ORDER by Judge John D. Holschuh denying motion to proceed in forma pauperis on appeal [219-1] giving plf. 30 days to appeal fee (cc: all counsel) ( no pgs: 2) (sh) (Entered: 06/04/1998)
RECEIPT # 211513 in the amount of $ 105.00 (sh) (Entered: 06/24/1998)
221 MOTION by plaintiff James W Thompson, plaintiff Michael Kevin Bailey for attorney fees and expenses ( no pgs: 4) (pl) (Entered: 07/08/1998)
222 Stipulation and ORDER by Mag. Judge Norah M. King : granting motion for attorney fees and expenses [221-1] in the total amount of $259,580.32 to be paid by deft ODRC (cc: all counsel) ( no pgs: 4) (pl) (Entered: 07/08/1998)
223 ATTORNEY SUBSTITUTION: terminating attorney Gary David Andorka for George D Alexander, for Rodney L Francis, for Betty J Mitchell, for Raymond E Brown, for Dorthy Wrightsel, for James Jones, for Reginald A Wilkinson and substituting attorney Carol Anne Hamilton O'Brien ( no pgs: 2) (pl) (Entered: 07/20/1998)
224 MOTION by defendant George Wilson, defendant James Jones, defendant Dorthy Wrightsel, defendant Raymond E Brown, defendant Betty J Mitchell, defendant Rodney L Francis, defendant George D Alexander, defendant Reginald A Wilkinson for leave to depose inmates

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07/24/1998 08/14/1998 08/28/1998 08/31/1998 09/01/1998 09/01/1998 09/01/1998 09/01/1998 09/03/1998 09/08/1998 09/09/1998 09/30/1998
09/30/1998
10/01/1998 10/19/1998

( no pgs: 3) (pl) (Entered: 07/23/1998)
225 ORDER by Mag. Judge Norah M. King granting motion for leave to depose inmates [224-1] (cc: all counsel) ( no pgs: 1) (pl) (Entered: 07/24/1998)
226 MOTION by plaintiff James W Thompson, plaintiff Michael Kevin Bailey for appointment of counsel ( no pgs: 4) (pl) (Entered: 08/14/1998)
227 MOTION by defendant to extend time to 10/16/98 for disp motions ( no pgs: 3) (pl) (Entered: 08/31/1998)
228 ORDER by Mag. Judge Norah M. King granting motion to extend time to 10/16/98 for disp motions [227-1] ; Mtn filing ddl reset 10/16/98 (cc: all counsel) ( no pgs: 1) (pl) (Entered: 09/01/1998)
229 NOTICE by defendant of taking deposition of Edward M Mayrides on 9/17/98 at 9:00 ( no pgs: 2) (pl) (Entered: 09/03/1998)
230 NOTICE by defendant of taking deposition of Charles W Spires on 9/17/98 at 1:00 ( no pgs: 2) (pl) (Entered: 09/03/1998)
231 NOTICE by defendant of taking deposition of James D. Logan on 9/17/98 at 3:00 ( no pgs: 2) (pl) (Entered: 09/03/1998)
232 NOTICE by defendant of taking deposition of James T Curtis on 9/17/98 at 11:00 ( no pgs: 2) (pl) (Entered: 09/03/1998)
233 MOTION by defendant to extend time to respond re pltf Mayrides' production request ( no pgs: 4) (pl) (Entered: 09/04/1998)
234 ORDER by Mag. Judge Norah M. King granting motion to extend time to 10/3/98 to respond re pltf Mayrides' production request [233-1] (cc: all counsel) ( no pgs: 1) (pl) (Entered: 09/08/1998)
235 RESPONSE by plaintiff Edward M Mayrides to motion to ext time and notice of depo ( no pgs: 4) (pl) (Entered: 09/10/1998)
236 MOTION by defendant George Wilson, defendant James Jones, defendant Dorthy Wrightsel, defendant Raymond E Brown, defendant Betty J Mitchell, defendant Rodney L Francis, defendant George D Alexander, defendant Reginald A Wilkinson to extend time to file dispositive motion ( no pgs: 3) (sem) (Entered: 10/01/1998)
237 NOTICE to the Court by defendant George Wilson, defendant James Jones, defendant Dorthy Wrightsel, defendant Raymond E Brown, defendant Betty J Mitchell, defendant Rodney L Francis, defendant George D Alexander, defendant Reginald A Wilkinson ( no pgs: 2) (sem) (Entered: 10/01/1998)
238 INFORMATION COPY of USCA 6th: appeal [216-1] dismissing appeal (sh) (Entered: 10/05/1998)
239 ORDER by Mag. Judge Norah M. King granting motion to extend time to file dispositive motion [236-1], denying motion for appointment of

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CM/ECF LIVE - U.S. District Court:OHSD - Docket Report

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10/26/1998 10/29/1998 10/29/1998 12/09/1998 01/13/1999 01/26/1999
03/12/1999 05/18/1999

counsel [226-1] ; Status report ddl set 10/29/98 (cc: all counsel) ( no pgs: 1) (pl) (Entered: 10/19/1998)
240 ORDER OF USCA 6th: dismissing the appeal [216-1] ( no pgs: 1) (sh) (Entered: 10/27/1998)
Text not available. (Entered: 10/30/1998)
241 STATUS REPORT by defts' counsel ( no pgs: 2) (pl) (Entered: 10/30/1998)
242 STATUS REPORT by defendant Reginald A Wilkinson re status of pltf's attempt to obtain counsel ( no pgs: 3) (pl) (Entered: 12/10/1998)
243 ORDER by Mag. Judge Norah M. King ; Mtn filing ddl set for 2/12/99 (cc: all counsel) ( no pgs: 1) (sem) (Entered: 01/13/1999)
RECEIPT OF US SUPREME COURT NUMBER - Number Assigned: 98-7612 writ of certiorari was filed 12/21/98 and placed on the docket 1/13/99 as No. 98-7612 (sh) (Entered: 01/26/1999)
244 NOTICE by defendants of change of address of atty Berry ( no pgs: 2) (pl) (Entered: 03/15/1999)
245 NOTICE of filing affidavit by Edward Mayrides ( no pgs: 7 + exh) (sem) (Entered: 05/19/1999)

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