Case 1:06-cv-02203-ESH Document 3 Filed 12/14/06 Page 1 of 22

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

)

JANE DOE

)

)

and

)

)

JANE ROE,

)

Plaintiffs,

)

)

v.

)

)

DISTRICT OF COLUMBIA,

)

)

SERVE:

Eugene Adams, Interim Attorney General )

for the District of Columbia

)

Attorney General's Office

)

441 4th Street, N.W.

)

Suite 600

)

Washington, DC 20001

)

)

The Honorable Mayor

)

of the District of Columbia

)

Anthony Williams

)

Office of the Secretary

)

1350 Pennsylvania Ave., N.W.

)

Suite 419

)

Washington, DC 20004

)

)

and

)

)

CORRECTIONS CORPORATION OF

)

AMERICA, INC.,

)

)

SERVE:

CT Corporation System

)

1025 Vermont Ave., N.W.

)

Washington, DC 20005

)

)

and

)

)

ELRY MCKNIGHT,

)

3431 Stanton Road, SE

)

Washington, DC 20002

)

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md

)

)

JOHNGANT,

)

9467 Keepsake Way

)

Columbia, MD 21046-2017

)

)

Defendants.

)

)

COMPLAINT

Preliminary Statement

1.

Plaintiffs Jane Doe and Jane Roe, fonner inmates at the Correctional Treatment

Facility ("CTF") in Washington, D.C., were raped by Defendants Elry McKnight and John Gant,

respectively, who were employed at CTF as guards. Plaintiffs bring suit alleging violations of

their constitutional rights pursuant to 42 U.S.C. § ] 983, as well as negligent hiring and

supervision, negligent and intentional infliction of emotional distress, md assault and battery.

Plaintiffs bring suit against the Corrections Corporation of America ("CCA"), which operates

and manages CTF, two of its employees, Elry McKnigllt and John Gant, and the District of

Columbia.

Jurisdiction and Venue

over

to 28 USC § 1331 and 28 USC §§ 1343(a)(3) and (a)(4).

3.

This Court has supplemental jurisdiction over District of Columbia law claims

pursuant to 28 USC § 1367.

4.

The District of Columbia was given proper notice of Ms. Doe's claims under

D.C. Code § 12-309.

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5.

The District of Columbia was given proper notice of Ms. Roe's claims under

D.C. Code § 12-309.

6.

Venue is proper in this Court pursuant to 28 U.S.c. §§ 1391 (b) and (c).

Parties

7.

Plaintiff Jane Doe currently resides in the state of Maryland. At the time of

events described in this complaint, Ms. Doe was an inmate at CTF, 1901 E Street, S.E.,

Washington, D.C. 20003. At all relevant times, Ms. Doe was subject to the care, custody, and

control of agents of the District of Columbia and CCA. On December 1, 2006, Ms. Doe

completed serving her sentence and was released.

8.

Plaintiff Jane Roe currently resides in the District of Columbia. At the time of

events described in this complaint, Ms. Roe was an inmate at CTF, 1901 E Street, S.E.,

Washington, D.C. 20003. At all relevant times, Ms. Roe was subject to the care, custody, and

control of agents of the District of Columbia and CCA. On November 10, 2006, Ms. Roe

completed serving her sentence and was released.

9.

Defendant District of Columbia is a municipal corporation that acts through its

agents to establish its policies and that is capable of being sued, pursuant to D.C. Code § 1-102.

The District of Columbia, by and through its agents, is responsible for supervising the operation

of the District of Columbia Department of Corrections ("DCDC") and ensuring the health and

safety of all inmates incarcerated in DCDC facilities, including the contract facility, CTF. The

District of Columbia through its agents is responsible for monitoring the facilities with which

DCDC contracts for the care and custody of prisoners committed to its custody. The District of

Columbia is also responsible for and has a duty to establish policies and procedures for DCDC

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and its contracting agents, and for the training, supervision, and discipline of staff. The District

of Columbia and DCDC are collectively referred to herein as "the District."

10.

Defendant CCA is a Tennessee corporation doing business in and with the

District. CCA operates CTF on behalf of the District. CCA is responsible for and has a duty to

establish policies and procedures for the training, supervision, and discipline of its staff and has a

duty and responsibility to ensure the health and safety of the inmates incarcerated at CTF. At all

times relevant to this complaint, CCA was acting under color of law in all of its activities with

respect to the incarceration, care, custody, health, and safety of the Plaintiffs, Ms. Doe and Ms.

Roe.

11.

Defendant Elry McKnight is a resident of the District of Columbia. At all times

relevant to this complaint, he was employed by CCA as a Correctional Officer at CTF.

Defendant McKnight participated in the events giving rise to this Complaint. At all times

relevant to this Complaint, Defendant McKnight acted under color of state law and within the

scope of his employment.

12.

Defendant John Gant is a resident of Maryland. At all times relevant to this

complaint, he was employed by CCA as a Correctional Officer at CTF. Defendant Gant

participated in the events giving rise to this Complaint. At all times relevant to this Complaint,

Defendant Gant acted under color oflaw and within the scope of his employment.

Factual Allegations

13.

All the facilities that make up the DCDC have long histories of employees

engaging in sexual harassment, sexual assault, rape of inmates, and retaliation against those who

report such violations. See, e.g., Women Prisoners of the District of Columbia Dep't. of

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Corrections v. District of Columbia, 877 F. Supp. 634 (D.D.C. 1994), vacated in non-relevant

part and remanded by 93 F.3d 910 (D.C. Cif. 1996); Daskalea v. District of Columbia, 227 F.3d

433 (D.C. Cif. 2000).

14.

Any sexual act or sexual contact between a correctional officer and an inmate in

official custody is criminal rape under D.C. Code §§ 22-3013 and 22-3014.

15.

CCA is responsible for the hiring, training, and day-to-day supervision of all the

employees who work at CTF.

16.

On information and belief, CCA fails to use appropriate psychological screening

tools to screen potential employees so as to prevent rape, sexual misconduct, and assault by staff.

17.

The training provided to new employees concerning rape, sexual harassment,

sexual contact, and assault is perfunctory, minimal, and inadequate by any measure.

18.

On information and belief, the continuing training provided to employees

concerning rape, sexual harassment, sexual contact, and assault is minimal and inadequate.

19.

On information and belief, the District's and CCA's responses to previous

incidents of rape, sexual harassment, sexual contact, and assault at CTF were so minimal as to

create an understanding among CCA employees that rape, sexual harassment, sexual contact, and

assault were not taken seriously by CCA officials.

20.

On information and belief, DCDC has been aware ofCCA's apathetic conduct

in addressing and preventing rape, sexual harassment, and assault of individuals in its care, but

DCDC has not taken any action.

Plaintiff Doe

21.

Ms. Doe was arrested on September 28,2001, in New York, New York.

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22.

Ms. Doe was transferred to the District of Columbia to await trial, and on

November 20, 2001, Ms. Doe was arraigned in the United States District Court for the District of

Columbia. At that time, Ms. Doe was transferred to the custody of DCDC.

23.

Upon her entry into the DCDC system, Ms. Doe was processed through intake

at the DC Central Detention Facility.

24.

Ms. Doe was assigned by DCDC to be housed at CTF.

25.

CTF is operated by CCA, which, pursuant to a contract with DCDC, houses

inmates who have been remanded to the custody of DCDC.

26.

Because Ms. Doe was placed in the custody of DCDC, at all relevant times the

District and CCA and their officials, employees, and agents had a duty to provide for her care

and to protect her safety.

27.

During the period that Ms. Doe was in the custody of DCDC, Defendant

McKnight was employed by CCA as a Correctional Officer at CTF and assigned to duty in the

Receiving and Discharge Unit.

28.

On information and belief, prior to being employed by CCA, Defendant

McKnight had been employed by DCDC as a Correctional Officer.

29.

On information and belief, the District and CCA knew or reasonably should

have known of official and unofficial complaints of serious misconduct on the part of Defendant

McKnight.

30.

On information and belief, CCA did not inquire about or properly consider

those prior complaints when hiring Defendant McKnight to be a Correctional Officer for CCA.

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31.

It was the custom, pattern, policy, and practice of DCDC and CCA to allow

situations in which male guards had unsupervised access to female prisoners.

32.

During the period of his employment, Defendant McKnight had criminal sexual

relations with several female prisoners at CTF.

33.

On March 28, 2002, Ms. Doe returned to CTF from a court appearance and was

processed through the Receiving and Discharge unit at CTF. Defendant McKnight escorted Ms.

Doe back to her housing unit alone. On the way, Defendant McKnight asked if Ms. Doe knew

how to keep a secret. Defendant McKnight said he wanted to touch Ms. Doe in a sexual manner.

Ms. Doe rebuffed these sexual advances and rushed to her housing unit in order to end the

encounter with Defendant McKnight.

34.

On April 9,2002, Ms. Doe had another court hearing. She returned to CTF

after 4:30 p.m. Again, Defendant McKnight escorted Ms. Doe to her unit alone. Defendant

McKnight told Ms. Doe that he wanted to have sex with her. He took her to a staff bathroom and

blocked her exit. Defendant McKnight pulled his pants down and ordered Ms. Doe to perform

oral sex on him. Then he ordered her to lie down on the floor and proceeded to rape her

vaginally. When he finished raping and sodomizing Ms. Doe, Defendant McKnight ordered her

to get dressed and took her back to her unit.

35.

During the assault, Defendant McKnight wore a condom, which he

subsequently flushed down the toilet.

36.

The next week, a CTF staff member called Ms. Doe's housing unit and said Ms.

Doe had a package delivered, and she needed to pick it up.

37.

Defendant McKnight appeared alone to escort Ms. Doe to pick up her package.

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38.

Defendant McKnight took Ms. Doe from her housing unit to another room and

made a duplicate identification badge for her. He told her that she should tell anyone who asked

that the reason she was taken from her unit was to get a new ID badge.

39.

Defendant McKnight then took Ms. Doe to the same bathroom where he raped

her before, and again ordered her to have oral sex and vaginal intercourse with him. Defendant

McKnight raped and sodomized Ms. Doe.

40.

Again, Defendant McKnight wore a condom during the rape and flushed it

down the toilet afterwards.

41. After the rape, while Defendant McKnight was getting dressed, another officer

called and asked if Defendant McKnight had taken Ms. Doe to get her package. Defendant

McKnight replied that he had taken Ms. Doe to get the package, and he ordered Ms. Doe to

remain quiet.

42.

Defendant McKnight then escorted Ms. Doe back to her housing unit by way of

the medical unit.

43.

On April 18, 2002, Ms. Doe had a court date. She returned to CTF in the

company of other inmates and CTF staff. Once again, Defendant McKnight attempted to touch

Ms. Doe in a sexual manner, but because there were other people around, Ms. Doe was able to

fend off another attack.

44.

Over the subsequent several weeks, Ms. Doe began having panic attacks due to

the trauma of being raped and sodomized. She experienced feelings of great fear,

hyperventilation, shortness of breath, and chest pain. Ms. Doe was concerned that something

was wrong with her heart, and she requested a medical examination.

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45.

The medical evaluation did not reveal any cardiac abnormalities. The medical

staff diagnosed Ms. Doe as having panic attacks and referred her to psychological services.

46.

On or about May 23,2002, Ms. Doe saw a psychological services staff member.

She was not offered any therapy or any examination into the possible causes of her panic attacks,

but was only offered sleeping medications.

47.

On or about May 31, 2002, Ms. Doe confided in Correctional Officer Scott, a

woman who was an officer on her unit, that she had been raped by a guard and that the rapes

were the reason she was having panic attacks.

48.

On May 31,2002, Correctional Officer Scott filed a CCA "Incident Statement,"

where she described her conversation with Ms. Doe. Officer Scott reported that Ms. Doe began

to get upset and was crying while she recounted how Defendant McKnight raped her on several

occasions.

49.

Correctional Officer Scott also reported that Ms. Doe stated that she feared for

her safety ifher report about the rapes was not kept confidential.

50.

Correctional Officer Scott immediately took Ms. Doe to see the CTF Warden,

Fred Figueroa, to report the rapes.

51.

Ms. Doe asked the CTF staff to notify the Metropolitan Police Department

about the rapes.

52.

On June 4, 2002, Defendant McKnight was suspended from CTF with pay

during the pendency of an intemal investigation into the rapes.

53.

On or about June 7,2002, Ms. Doe had not been informed of any progress in the

investigation of the rapes or of any plans for treatment for her.

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54.

Having received no information that the police had been called to investigate

the rapes, Ms. Doe twice called the District's 911 system (the Emergency Telephone System) to

attempt to report the rapes.

55.

After several days, Ms. Doe still had not been notified of any criminal

investigation into the rapes or forthcoming medical or psychological treatment. Ms. Doe called

the Metropolitan Police Department and asked to speak to a supervisor about the rapes. The

supervisor said that a detective would come to CTF and interview Ms. Doe, but no one came.

56.

Ms. Doe made multiple requests for a rape exam and a sexually transmitted

infection evaluation.

57.

Ms. Doe continued to seek assistance in getting an official response to her

report of the rapes. On June 21, 2002, she inforn1ed her sentencing judge that she had been

raped by a guard at CTF.

58.

On July 3,2002, Ms. Doe was informed by CTF Warden Fred Figueroa that the

CCA internal investigation into her rape had been closed.

59.

A CCA internal memorandum submitted to Warden Figueroa dated July 3,

2002, recommended that Defendant McKnight be returned to work in his previous capacity

without prejudice.

60.

On or about July 4, 2002, Ms. Doe was asked to sign a statement that she had

attended a training class on the types of behavior that constitute sexual misconduct. Ms. Doe

never attended any such class, and therefore she refused to sign the statement.

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61.

A telephone number for the DCDC sexual misconduct hotline was posted in Ms.

Doe's housing until on or about July 4,2002, approximately three months after Ms. Doe was

first raped by Defendant McKnight.

62.

Only in August 2002 was Ms. Doe given an explanation of what constitutes

sexual misconduct and the policies against such conduct in the District of Columbia.

63.

On information and belief, Defendant McKnight was terminated by CTF only

when he was indicted for smuggling contraband to a female inmate at CTF in November 2002.

64.

Ms. Doe was physically and emotionally traumatized by the repeated rapes,

sodomy, and sexual assaults by the CCA Correctional Officer, and she continues to suffer the

emotional, psychological, and physical effects of the rapes and assaults to this day.

Plaintiff Roe

65.

On December 25, 2003, at approximately 11 :30 a.m., Ms. Roe was in her

housing unit at CTF. When Defendant Gant came in to bring the lunch trays, he asked Ms.

Rogers, the Correctional Officer on duty in the unit, to allow Ms. Roe to speak to him alone in

the hallway.

66.

On information and belief, the staff at CTF are not trained to be alert to signs of

sexual misconduct such as this, where male staff remove female inmates to unsupervised areas of

the facility.

67.

Ms. Rogers, the Correctional Officer on duty, did not question this request and

allowed Defendant Gant to take Ms. Roe into the hallway alone.

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68.

When Defendant Gant and Ms. Roe were alone in the hallway, Defendant Gant

asked Ms. Roe for her name, address, and telephone number. Defendant Gant also told Ms. Roe

she had a nice body.

69.

The conversation in the hallway lasted approximately ten minutes. Defendant

Gant left the area when a lookout alerted him that someone was approaching the housing unit

door.

70.

When Defendant Gant returned to the unit approximately one hour later, he

again asked Ms. Rogers, the Correctional Officer on duty, to allow Ms. Roe into the hallway

alone with him.

71.

Defendant Gant used his keys to try to open various doors along the hallway

until he found a lock he could open. Defendant Gant opened the door to a small room that was

used as a broom closet.

72.

Defendant Gant threatened Ms. Roe by telling her that because he worked in the

CTF records department, he had the ability to erase the records of her jail credit. Without that

credit, Ms. Roe's incarceration at CTF would be extended by more than seventy (70) days.

73.

Defendant Gant took Ms. Roe into the broom closet, pulled out his penis, and

told Ms. Roe to pull down her pants and shake her buttocks for him. Defendant Gant touched

Ms. Roe's breasts and buttocks, pushed Ms. Roe to her knees, and forced her to perform oral sex

on him. He then ejaculated on Ms. Roe and on the floor.

74.

After the assault, Ms. Roe dressed and returned to her housing unit.

75.

Ms. Roe reported the rape shortly after the incident. She subsequently called

the DCDC sexual misconduct hotline on December 30,2003.

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76.

CTF internal affairs then began an investigation.

77. Ms. Roe's rape and the subsequent investigation did not remain confidential and

became the subject of rumors among the staff at CCA.

78. The only protection Ms. Roe was offered was "protective custody," which is

essentially solitary confinement where she would have been locked in her cell at least twenty-

three (23) hours per day and denied many privileges available to inmates held in general

population. Moreover, even in protective custody, CCA staff would still have had access to her.

Ms. Roe refused these punitive conditions.

79.

On January 3,2004, Defendant Gant was suspended from work at CTF, but

allowed to continue receiving full pay.

80.

On January 3,2004, several correctional officers came to Ms. Roe's unit

looking for the inmate who reported Defendant Gant for rape, sodomy, and sexual misconduct.

Ms. Roe was frightened and upset by the fact that the rape and assault were clearly common

knowledge.

81.

On January 16, 2004, Ms. Roe was released from CTF.

82.

Four days later, Ms. Roe called to inquire about the status of the investigation

into her rape and assault.

83. During that conversation, Mr. Don Paul, Internal Affairs Investigator for CTF,

deliberately misinformed Ms. Roe that a third party was not pennitted to remain on the

telephone. As a result, Ms. Roe's mother, whom Ms. Roe wished to be on the telephone, was

prevented from participating in the conversation regarding the rape, sodomy, and sexual assault.

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84.

On January 23,2004, Defendant Gant chose to resign from CCA rather than

give a statement regarding the rape and sexual assault he perpetrated against Ms. Roe.

85.

On March 15,2004, Warden Fred Figueroa, the warden at CTF at that time,

issued a notice to Ms. Roe that her complaint of sexual misconduct was "sustained," but since

Defendant Gant had resigned, no further action would be taken.

86.

On information and belief, CCA conducted no follow-up training with its

employees and agents to prevent future incidents of rape, sexual assault, and harassment.

87.

On information and belief, CCA did not take reasonable steps to protect the

confidentiality of Ms. Roe.

88.

On information and belief, CCA made no effort to improve the supervision of

its staff.

89.

Neither DCDC nor CCA made any attempt to transfer Ms. Roe to another

facility.

90.

DCDC and CCA did not apologize to Ms. Roe. DCDC and CCA did not

repudiate Defendant Gant's conduct.

91.

On information and belief, DCDC was notified about Ms. Roe's rape but made

no effort to improve the supervision of its agents or conduct any follow-up training with its

employees and agents to prevent future incidents of rape, sexual assault, and harassment.

92.

Ms. Roe continues to suffer the emotional, psychological, and physical effects

ofthe rape, sodomy, and sexual assault to this day.

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LEGAL CLAIMS

COUNT I Violation of the Fourth, Fifth, Eighth, and Ninth Amendments to the United States
Constitution as Compensable bv the Civil Rights Act of 1871, 42 U.S.C. § 1983 (Against Defendants McKnight, Gant, Corrections Corporation of America, and District of
Columbia)

93.

Ms. Doe and Ms. Roe incorporate by reference each of the allegations stated in

paragraphs 1 through 92 as though fully restated herein.

94.

Defendant McKnight, in raping, sodomozing, and assaulting Ms. Doe, and

Defendant Gant, in raping, sodomozing, and assaulting Ms. Roe, invaded Plaintiffs' rights in a

deliberate, willful, malicious, and outrageous manner that shocks the conscience.

95.

Defendants McKnight and Gant acted under color of state law.

96.

Defendants' rapes and sexual assaults of Plaintiffs constituted cruel and unusual

punishment and intentional, unnecessary, and wanton infliction of pain in violation of the Eighth

and Ninth Amendments of the United States Constitution.

97.

The deprivations of Plaintiffs' rights described herein are not reasonably related

to the furtherance of any legitimate interest in security or any other legitimate interest.

98.

Defendants McKnight and Gant deprived Plaintiffs ofliberty without due

process oflaw in violation of the Fifth Amendment of the United States Constitution.

99.

As a direct and proximate result of Defendants McKnight's and Gant's unlawful

and malicious rapes and sexual assaults, Plaintiffs were deprived of their rights to be secure in

their persons against unreasonable seizure of their persons, in violation of the Fourth

Amendment of the United States Constitution.

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100. CCA, as Defendants McKnight's and Gant's private employer, is liable for the wrongdoings of its employees.
101. The District's duty to provide constitutional treatment to people it incarcerates is a non-delegable duty. The District is, therefore, liable for the constitutional wrongdoings of its contractors, including CCA.
102. As a direct and proximate result of the actions of Defendants McKnight, Gant, CCA, and the District of Columbia, Plaintiffs endured humiliation, physical injury, severe emotional distress, psychic trauma, and other injuries.
103. The actions of Defendants McKnight and Gant were willful, wanton, malicious, and oppressive. Their actions were motivated by an evil intent and show a callous disregard for the rights of Ms. Doe and Ms. Roe, thus entitling Ms. Doe and Ms. Roe to an award of punitive damages.
COUNT II Violation of the Fourth, Fifth, Eighth, and Ninth Amendments to the United States
Constitution as Compensible bv the Civil Rights Act of 1871,42 U.S.C. § 1983 (Against Defendants District of Columbia and Corrections Corporation of America)
104. Ms. Doe and Ms. Roe incorporate by reference each of the allegations stated in paragraphs 1 through 103 as though fully restated herein.
105. The District and CCA each violated their respective constitutional duties to Plaintiffs by adopting a policy, custom, pattern, or practice of allowing male guards unsupervised access to female inmates and negligently hiring, supervising, training, and monitoring employees and agents.
106. Prior to the incidents involving Ms. Doe and Ms. Roe, the District and CCA had learned of several previous incidents of staff rape and sexual misconduct against female inmates
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at the facilities that make up the DCDC. The District and CCA took no reasonable actions to train, supervise, or monitor correctional officers to prevent them from repeating such incidents, and the District and CCA failed to alter policies, practices, and procedures at CTF to prevent male staff unsupervised access to female inmates. The District's and CCA's failures to act to prevent repeated incidents tacitly authorized the conduct. If the District and CCA had taken such remedial action after the rapes and sexual assaults of prior inmates occurred, the rapes and sexual assaults Plaintiffs complain of here would not have occurred.
107. The conduct of the District and CCA was attributable to a final policymaker or amounted to a policy or custom that directly and proximately caused the violations of Plaintiffs' constitutional rights and caused Plaintiffs to suffer injuries.
108. At all times relevant to this complaint, McKnight and Gant, as correctional officers at CCA, were acting under the direction and control of the District and CCA, and were acting pursuant to the policies, practice, and customs of the District and CCA.
109. Acting under color oflaw and pursuant to official policy, practice, or custom, the District and CCA negligently hired McKnight and Gant and intentionally, knowingly, recklessly, and negligently failed to instruct, train, and supervise McKnight and Gant on a continuing basis.
110. The District and CCA knew or should have known that the wrongs complained of were reasonably likely to be committed. The District and CCA had the power to prevent the commission of these wrongs, could have done so by reasonable diligence, and intentionally, knowingly, recklessly, or negligently failed to do so.
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Ill. The conduct of the District and CCA amounted to deliberate indifference to the

Fourth, Fifth, Eighth, and Ninth Amendment rights of Ms. Doe and Ms. Roe.

112. As a direct and proximate result of the actions of the District and CCA, Ms. Doe

and Ms. Roe endured humiliation, physical injury, severe emotional distress, psychic trauma, and

other injuries.

113.

The actions and omissions of the District and CCA were undertaken with evil

motive, actual malice, or in willful, wanton, callous, or malicious disregard of Plaintiffs' rights

and were outrageous or reckless, thus entitling Plaintiffs to punitive damages.

COUNT III Negligent Supervision and Hiring (Against Defendants District of Columbia and Corrections Corporation of America)

114. Ms. Doe and Ms. Roe incorporate by reference each of the allegations stated in

paragraphs 1 through 113 as though fully restated herein.

115. Pursuant to D.C. Code § 24-211.02 and common law, defendants, and each of

them, owed Ms. Doe and Ms. Roe, inmates in their custody, a duty to provide properly hired,

sufficiently trained staff and supervised and correctional officers at CTF to prevent harm and

injury to inmates.

116. The District and CCA breached their duties by failing to make sufficient

inquiries and determinations in the hiring of McKnight and Gant and by failing to train and

supervise properly McKnight and Gant.

117. As a direct and foreseeable result of the negligent hiring, training, and

supervision, Ms. Doe and Ms. Roe endured humiliation, physical injury, severe emotional

distress, psychological trauma, and other injuries.

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118. The acts of the District and CCA as set forth above were intentional, wanton, malicious, and oppressive, thus entitling Plaintiffs to an award of punitive damages.
COUNT IV
Intentional Infliction of Emotional Distress (Against Defendants McKnight, Gant, and Corrections Corporation of America)
119. Ms. Doe and Ms. Roe incorporate by reference each of the allegations stated in paragraphs 1 through 118 as though fully restated herein.
] 20. Defendants McKnight's and Gant's actions constitute intentional infliction of emotional distress against Ms. Doe and Ms. Roe.
121. Defendants McKnight and Gant acted with evil motive, deliberate violence, and in willful disregard for the rights of Ms. Doe and Ms. Roe.
122. Defendants McKnight's and Gant's conduct was so extreme and outrageous as to intentionally and/or recklessly cause severe emotional distress to Ms. Doe and Ms. Roe.
123. Defendant CCA's actions were reckless and/or intentional and constitute intentional infliction of emotional distress.
124. Defendant CCA is liable also under the doctrine of respondeat superior for the actions of its employees Defendants McK11ight and Gant.
125. As a direct result of this intentional infliction of emotional distress, Ms. Doe and Ms. Roe endured humiliation, psychological injury, severe emotional distress, psychic trauma, and other injuries.
126. The acts of Defendants McKnight, Gant, and CCA as set forth above were intentional, wanton, malicious, and oppressive, thus entitling Ms. Doe and Ms. Roe to an award of punitive damages.
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Case 1:06-cv-02203-ESH Document 3 Filed 12/14/06 Page 20 of 22

COUNT V Negligent Infliction of Emotional Distress (Against Defendants McKnight, Gant, and Corrections Corporation of America) 127. Ms. Doe and Ms. Roe incorporate by reference each of the allegations stated in paragraphs 1 through 126 as though fully restated herein. 128. Defendants McKnight's and Gant's actions constitute negligent infliction of emotional distress upon Ms. Doe and Ms. Roe. 129. Defendants McKnight and Gant acted with evil motive, deliberate violence, and in willful disregard for the rights of Ms. Doe and Ms. Roe, and their actions caused Plaintiffs to fear for their own safety. 130. Defendant CCA's actions constitute negligent infliction of emotional distress upon Ms. Doe and Ms. Roe. 131. Defendant CCA is liable also under the doctrine of respondeat superior for the actions of its employees Defendants McKnight and Gant. 132. As a direct result of this negligent infliction of emotional distress, Ms. Doe and Ms. Roe endured fear of further injury, humiliation, physical injury, severe emotional distress, psychological trauma, and other injuries. 133. The acts of Defendants McKnight, Gant, and CCA as set forth above were intentional, wanton, malicious, and oppressive, thus entitling Ms. Doe and Ms. Roe to an award of punitive damages.
COUNT VI Rape and Assault and Battery (Against Defendants McKnight, District of Columbia, and Corrections Corporation of
America)
20

Case 1:06-cv-02203-ESH Document 3 Filed 12/14/06 Page 21 of 22
134. Ms. Doe incorporates by reference each of the facts stated in paragraphs 1 through 133 as though fully restated herein.
135. Defendant McKnight's actions constitute multiple rapes, assaults, and batteries. 136. Defendant McKnight acted with evil motive, deliberate violence, and in willful disregard for the rights of Ms. Doe. 137. Defendants the District and CCA are also liable under the doctrine of respondeat superior. 138. As a direct result of these assaults and batteries, Ms. Doe endured humiliation, physical injury, severe emotional distress, psychological trauma, and other injuries.
COUNT VII Rape and Assault and Battery (Against Defendants Gant, District of Columbia, and Corrections Corporation of America) 139. Ms. Roe incorporates by reference each of the facts stated in paragraphs 1 through 138 as though fully restated herein. 140. Defendant Gant's actions constitute multiple rapes, assaults, and batteries. 141. Defendant Gant acted with evil motive, deliberate violence, and in willful disregard for the rights of Ms. Roe. 142. Defendants the District and CCA are also liable under the doctrine of respondeat superior. 143. As a direct result of these assaults and batteries, Ms. Roe endured humiliation, physical injury, severe emotional distress, psychological trauma, and other injuries.
REQUEST FOR RELIEF WHEREFORE, Plaintiffs request that this Court grant the following relief:
21

Case 1:06-cv-02203-ESH Document 3 Filed 12/14/06 Page 22 of 22

1. Award Plaintiffs compensatory damages in an amount to be determined at trial; 2. Award Plaintiffs punitive damages in an amount to be determined at trial; 3. Award Plaintiffs their reasonable attorneys' fees and costs; and 4. Grant such other relief as this Court deems just and proper.

JURY DEMAND Plaintiffs, by and through undersigned counsel, respectfully demand trial by jury.

DATED: December 12, 2006

Respectfully submitted,

C. Bar #242974) Ashley McDon (D.C. Bar #486054) PILLSBURY WINTHROP SHAW PITTMAN LLP 2300 N Street, N.W. Washington, D.C. 20037-1128 (202) 663-8000
Philip Fornaci (D.C. Bar #434824) Deborah M. Golden (D.C. Bar #470578) D.C. Prisoners' Project Washington Lawyers' Committee for Civil Rights
and Urban Affairs 11 Washington, D.C. 20036 (202) 319-1000
Attorneys for Plaintiffs Jane Doe and Jane Roe

22

 
 Case 1:06-cv-02203-ESH Document 58 Filed 10/21/08 Page 1 of 1

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

__________________________________________

)

MELISSA HUGHES, et al.,

)

)

Plaintiffs,

)

)

v.

)

)

DISTRICT OF COLUMBIA, et al.,

)

)

Defendants.

)

__________________________________________)

Civil Action No. 06-2203 (ESH)

ORDER The Court having been advised by counsel that the parties have reached a settlement of this action, it is hereby ORDERED that this case is DISMISSED. The dismissal shall be without prejudice for a period of 45 days from the date of this Order. If settlement is not consummated within that 45-day period, the parties may reopen the action upon motion approved by the Court. Should counsel fail to move to reopen the case within the prescribed period, the matter shall, without further order, stand dismissed with prejudice. SO ORDERED.

Date: October 21, 2008

/s/ ELLEN SEGAL HUVELLE United States District Judge

 
 Case: 1:06-cv-02203-ESH As of: 02/03/2014 11:49 AM EST 1 of 10
CLOSED,JURY,TYPE−L
U.S. District Court District of Columbia (Washington, DC) CIVIL DOCKET FOR CASE #: 1:06−cv−02203−ESH

HUGHES et al v. DISTRICT OF COLUMBIA et al Assigned to: Judge Ellen S. Huvelle Cause: 28:1331 Federal Question: Other Civil Rights
Plaintiff

Date Filed: 12/14/2006 Date Terminated: 10/23/2008 Jury Demand: Both Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question

JANE DOE TERMINATED: 01/14/2008

represented by Ashley McDonald FEDERAL PUBLIC DEFENDER 850 West Adams Street Suite 201 Phoenix, AZ 85007 (602)382−2816 Email: ashley_mcdonald@fd.org TERMINATED: 05/02/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ellen Connelly Cohen BAILEY LAW PC 1155 Connecticut Avenue, NW Suite 500 Washington, DC 20036 (213) 488−7313 Fax: (213) 629−1033 Email: ellen.cohen@pillsburylaw.com LEAD ATTORNEY

Thomas C. Hill PILLSBURY WINTHROP SHAW PITTMAN, LLP 2300 N Street, NW Washington, DC 20037 (202) 663−8073 Email: thomas.hill@pillsburylaw.com LEAD ATTORNEY

Plaintiff
JANE ROE TERMINATED: 01/14/2008

represented by Ashley McDonald (See above for address) TERMINATED: 05/02/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ellen Connelly Cohen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Thomas C. Hill (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff MELLISSA HUGHES

represented by Thomas C. Hill (See above for address)

Case: 1:06-cv-02203-ESH As of: 02/03/2014 11:49 AM EST 2 of 10

LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ellen Connelly Cohen (See above for address) ATTORNEY TO BE NOTICED

Plaintiff
LILIANA BRITO also known as LILIANA GONZALEZ

represented by Thomas C. Hill (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ellen Connelly Cohen (See above for address) ATTORNEY TO BE NOTICED

V. Defendant DISTRICT OF COLUMBIA

represented by Daniel P. Struck STRUCK WIENEKE &LOVE, P.L.C. 3100 West Ray Road Suite 300 Chandler, AZ 85226 (480) 420−1600 Fax: (480) 420−1696 Email: dstruck@swlfirm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Paul J. Maloney CARR MALONEY PC 2000 L Street NW Suite 450 Washington, DC 20036 (202) 310−5500 Fax: (202) 310−5555 Email: pjm@carrmaloney.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Shana Lyn Frost OFFICE OF THE ATTORNEY GENERAL FOR D.C. 441 Fourth Street, NW 6th Floor Washington, DC 20001 (202) 724−6534 Fax: (202) 741−8934 Email: shana.frost@dc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jennifer L. Holsman STRUCK WIENEKE &LOVE, P.L.C. 3100 West Ray Road Suite 300 Chandler, AZ 85226 (480) 420−1600 Fax: (480) 420−1694 ATTORNEY TO BE NOTICED

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Rachel Love Halvorson JONES, SKELTON &HOCHULI, P.L.C. 2901 North Central Avenue Suite 800 Phoenix, AZ 85012 (602) 263−1726 Fax: (602) 263−1784 ATTORNEY TO BE NOTICED

Defendant
CORRECTIONS CORPORATION OF AMERICA, INC.

represented by Daniel P. Struck (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Mariana del Valle Bravo CARR MALONEY PC 2000 L Street NW Suite 450 Washington, DC 20036 (202) 310−5500 Fax: (202) 310−5555 Email: mdb@carrmaloney.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Paul J. Maloney (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jennifer L. Holsman (See above for address) ATTORNEY TO BE NOTICED

Rachel Love Halvorson (See above for address) ATTORNEY TO BE NOTICED

Defendant ELRY MCKNIGHT

represented by Dwight D. Murray JORDAN, COYNE &SAVITS, LLP 1100 Connecticut Avenue, NW Suite 600 Washington, DC 20036 (202) 496−2803 Fax: (202)496−2800 Email: d.murray@jocs−law.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant JOHN GANT

represented by Dwight D. Murray (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 12/14/2006

# Docket Text
1 MOTION to proceed under pseudonym as "Jane Doe" and "Jane Roe" by JANE DOE, JANE ROE. (jf, ) (Entered: 12/28/2006)

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12/14/2006 12/14/2006
12/14/2006 12/14/2006 12/14/2006 01/17/2007
01/18/2007 01/18/2007
01/18/2007 02/01/2007 02/01/2007 02/02/2007 02/02/2007 02/02/2007 02/05/2007 02/05/2007 02/09/2007
02/09/2007 02/12/2007

2 ORDER granting 1 MOTION to proceed under pseudonym as "Jane Doe" and "Jane Roe" . Signed by Chief Judge Thomas F. Hogan on 12/14/06. (jf, ) (Entered: 12/28/2006)
3 COMPLAINT against ELRY MCKNIGHT, JOHN GANT, DISTRICT OF COLUMBIA, CORRECTIONS CORPORATION OF AMERICA, INC. ( Filing fee $ 350 receipt number 4616001177.)filed by JANE DOE, JANE ROE. (Attachments: # 1 Civil Cover Sheet)(jf, ) (Entered: 12/28/2006)
Summons (5) Issued as to ELRY MCKNIGHT, JOHN GANT, DISTRICT OF COLUMBIA, CORRECTIONS CORPORATION OF AMERICA, INC.. (jf, ) (Entered: 12/28/2006)
4 NOTICE OF RELATED CASE by JANE DOE, JANE ROE. Case related to: Case No. 06−2103. (jf, ) (Entered: 12/28/2006)
5 MOTION for Protective Order by JANE DOE, JANE ROE. (Attachments: # 1 Text of Proposed Order)(jf, ) (Entered: 12/28/2006)
7 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ELRY MCKNIGHT served on 1/9/2007, answer due 1/29/2007; DISTRICT OF COLUMBIA served on 12/29/2006 (and 1/3/2007), answer due 1/18/2007; CORRECTIONS CORPORATION OF AMERICA, INC. served on 12/29/2006, answer due 1/18/2007 (Attachments: # 1 Attachment 1 − Affidavits of Service)(nmw, ) (Entered: 01/22/2007)
6 Consent MOTION for Extension of Time to File a Response to the Complaint by DISTRICT OF COLUMBIA. (Attachments: # 1 Text of Proposed Order)(Frost, Shana) (Entered: 01/18/2007)
MINUTE ORDER granting 6 the District of Columbia's Consent Motion for Enlargement of Time to File Response to the Complaint. The District of Columbia shall file an answer or other response on or before February 22, 2007. Signed by Judge Ellen S. Huvelle on 1/18/2007. (KF) (Entered: 01/18/2007)
Set/Reset Deadlines: Answer due by 2/22/2007. (gdf) (Entered: 01/22/2007)
8 ANSWER to Complaint with Jury Demand by CORRECTIONS CORPORATION OF AMERICA, INC.. Related document: 3 Complaint filed by JANE DOE,, JANE ROE,.(Struck, Daniel) (Entered: 02/01/2007)
9 DEMAND for Trial by Jury by CORRECTIONS CORPORATION OF AMERICA, INC.. (Struck, Daniel) (Entered: 02/01/2007)
10 ORDER setting Initial Scheduling Conference for March 14, 2007 at 9:30 a.m. Signed by Judge Ellen S. Huvelle on 2/2/2007. (KF) (Entered: 02/02/2007)
Set/Reset Hearings: Initial Scheduling Conference set for 3/14/2007 09:30 AM in Courtroom 14 before Judge Ellen S. Huvelle. (gdf) (Entered: 02/02/2007)
11 NOTICE of Appearance by Jennifer L. Holsman on behalf of CORRECTIONS CORPORATION OF AMERICA, INC. (Holsman, Jennifer) (Entered: 02/02/2007)
12 ANSWER to Complaint by ELRY MCKNIGHT. Related document: 3 Complaint filed by JANE DOE,, JANE ROE,.(jf, ) (Entered: 02/06/2007)
13 MOTION to Appoint Counsel by ELRY MCKNIGHT. (jf, ) (Entered: 02/06/2007)
Remark: Notice of 10 the Court's Order setting Initial Scheduling Conference for March 14, 2007 at 9:30 a.m. has been sent to defendant Elry Mcknight via First−Class Mail at the following address: 5913 Crown Street, Capital Heights, MD 20746. (KF) (Entered: 02/09/2007)
14 Consent MOTION for Extension of Time to Week of April 2, 2007, For Initial Scheduling Conference by JANE DOE, JANE ROE. (Attachments: # 1 Text of Proposed Order)(McDonald, Ashley) (Entered: 02/09/2007)
MINUTE ORDER granting 14 plaintiffs' Consent Motion for Enlargement of Time for Initial Scheduling Conference. The Initial Scheduling Conference currently scheduled for March 14, 2007, is hereby VACATED and RESET for April 2, 2007,

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02/12/2007 02/16/2007 02/22/2007
02/23/2007
02/23/2007 02/23/2007
02/27/2007 03/05/2007 03/19/2007 03/20/2007 03/20/2007 03/21/2007 03/26/2007
03/28/2007 03/28/2007
03/29/2007 03/30/2007

at 10:15 a.m. Signed by Judge Ellen S. Huvelle on 2/12/2007. (KF) (Entered: 02/12/2007)
Reset Hearings: Initial Scheduling Conference is reset for 4/2/2007 @ 10:15 AM in Courtroom 14 before Judge Ellen S. Huvelle. (tj ) (Entered: 02/12/2007)
15 ANSWER to Complaint with Jury Demand by ELRY MCKNIGHT. Related document: 3 Complaint filed by JANE DOE,, JANE ROE,.(Murray, Dwight) (Entered: 02/16/2007)
16 MOTION for Extension of Time to File Responsive Pleading by DISTRICT OF COLUMBIA, CORRECTIONS CORPORATION OF AMERICA, INC.. (Attachments: # 1 Text of Proposed Order Proposed Order)(Holsman, Jennifer) (Entered: 02/22/2007)
MINUTE ORDER granting 16 defendants District of Columbia and Corrections Corporation of America's Motion to Extend Deadline. The District of Columbia shall file a responsive pleading on or before March 5, 2007. Signed by Judge Ellen S. Huvelle on 2/23/2007. (KF) (Entered: 02/23/2007)
Set/Reset Deadlines: Responses due by 3/5/2007 (gdf) (Entered: 02/23/2007)
MINUTE ORDER denying as moot 13 defendant Elry McKnight's Motion for Court Appointed Counsel. Since defendant's motion was filed, counsel has appeared and filed an answer on his behalf. Signed by Judge Ellen S. Huvelle on 2/23/2007. (KF) (Entered: 02/23/2007)
17 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. JOHN GANT served on 2/11/2007, answer due 3/5/2007 (Attachments: # 1 Exhibit Affidavit of Proof of Service)(McDonald, Ashley) (Entered: 02/27/2007)
18 MOTION to Dismiss by DISTRICT OF COLUMBIA. (Attachments: # 1 # 2)(Holsman, Jennifer) (Entered: 03/05/2007)
19 Memorandum in opposition to re 18 MOTION to Dismiss filed by JANE DOE, JANE ROE. (Attachments: # 1 Text of Proposed Order Order Denying Motion to Dismiss)(McDonald, Ashley) (Entered: 03/19/2007)
20 NOTICE of Appearance by Mariana del Valle Bravo on behalf of CORRECTIONS CORPORATION OF AMERICA, INC. (Bravo, Mariana) Modified on 3/20/2007 (tg, ). (Entered: 03/20/2007)
21 NOTICE of Appearance by Paul J. Maloney on behalf of CORRECTIONS CORPORATION OF AMERICA, INC. (Maloney, Paul) (Entered: 03/20/2007)
22 MEET AND CONFER STATEMENT. (McDonald, Ashley) (Entered: 03/21/2007)
23 Memorandum in opposition to re 5 MOTION for Protective Order and Motion to Reconsider Order Allowing Plaintiffs to Proceed Under Pseudonym filed by DISTRICT OF COLUMBIA, CORRECTIONS CORPORATION OF AMERICA, INC.. (Attachments: # 1 Exhibit Newspaper Article# 2 Exhibit filed under seal)(Maloney, Paul) (Entered: 03/26/2007)
24 Unopposed MOTION for Extension of Time to File Response/Reply as to 18 MOTION to Dismiss by DISTRICT OF COLUMBIA (Attachments: # 1 Text of Proposed Order)(Struck, Daniel) (Entered: 03/28/2007)
MINUTE ORDER granting 24 Defendant District of Columbia's Unopposed Motion for Extension of Time to File Reply in Support of Motion to Dismiss. Defendant shall file a reply on or before March 30, 2007. Signed by Judge Ellen S. Huvelle on 3/28/2007. (KF) (Entered: 03/28/2007)
Set/Reset Deadlines: Reply due by 3/30/2007. (gdf) (Entered: 03/29/2007)
25 ENTERED IN ERROR.....REPLY to opposition to motion re 18 MOTION to Dismiss Defendant District of Columbia's Reply Memorandum in Support of its Motion to Dismiss filed by DISTRICT OF COLUMBIA. (Bojanowski, Timothy) Modified on 4/2/2007 (jf, ). (Entered: 03/30/2007)

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04/02/2007 04/02/2007
04/02/2007 04/02/2007
04/10/2007 04/10/2007 04/10/2007 04/11/2007 04/11/2007 04/11/2007
04/11/2007 04/11/2007 04/16/2007

NOTICE OF CORRECTED DOCKET ENTRY: Document No. re 25 Reply to opposition to Motion, was entered in error and counsel of record was instructed to refile said pleading. (jf, ) (Entered: 04/02/2007)
Minute Entry for proceedings held before Judge Ellen S. Huvelle: Meet and Confer Hearing held on 4/2/2007. Motion 18 to Dismiss; Denied.Plaintiff's Reply to MOTION for Protective Order and Motion to Reconsider Order Allowing Plaintiffs to Proceed Under Pseudonym due by 4/9/2007. Status Conference set for 4/11/2007 04:00 PM in Courtroom 14 before Judge Ellen S. Huvelle. (Court Reporter Lisa Griffith) (gdf) (Entered: 04/02/2007)
26 REPLY to opposition to motion re 18 MOTION to Dismiss filed by DISTRICT OF COLUMBIA. (Struck, Daniel) (Entered: 04/02/2007)
MINUTE ORDER: For the reasons stated in open court, defendant District of Columbia's Motion to Dismiss 18 is denied. In the event that the parties fail to resolve the issues, plaintiffs' consolidated response in opposition to defendants' Motion to Reconsider Allowing Plaintiffs to Proceed Under Pseudonym and reply to defendants' opposition to plaintiffs' Motion for a Protective order 23 shall be filed on or before 4/9/2007. A status conference will be held on 4/11/2007 at 4:00 p.m. if the parties have not resolved the issues relating to the protective order and the timing of written discovery prior to such time. Signed by Judge Ellen S. Huvelle on 4/2/2007. (lcesh2) (Entered: 04/02/2007)
27 Unopposed MOTION for Protective Order by JANE DOE, JANE ROE (Attachments: # 1 Attachment A# 2 Text of Proposed Order)(McDonald, Ashley) (Entered: 04/10/2007)
MINUTE ORDER granting 27 Plaintiffs' Unopposed Motion for Protective Order; denying as moot 5 Plaintiffs' Motion for Protective Order and 23 Defendants' Motion to Reconsider Order Allowing Plaintiffs to Proceed Under Pseudonym. Signed by Judge Ellen S. Huvelle on 4/10/2007. (lcesh2) (Entered: 04/10/2007)
28 PROTECTIVE ORDER setting forth procedures for handling confidential material; allowing designated material to be filed under seal. Signed by Judge Ellen S. Huvelle on 4/10/07. (gdf) (Entered: 04/11/2007)
SUMMONS REISSUED (1) as to JOHN GANT (jf, ) (Entered: 04/11/2007)
29 ORDER REFERRING CASE to Magistrate Judge Alan Kay for settlement discussions to take place in July 2007. Signed by Judge Ellen S. Huvelle on 4/11/2007. (lcesh2) (Entered: 04/11/2007)
MINUTE ORDER: Based on the status conference held this date, it is hereby ordered that defendants shall produce to plaintiffs by 5/21/2007 all materials responsive to plaintiffs' initial document requests, except that the relevant period for document requests 6, 7 and 8 shall be 12/1/98 through 12/31/2003, and for purposes of document request 7, "sexual misconduct" shall be defined to include only misconduct of a physical nature. Further ordered that plaintiffs will immediately provide defendants with signed authorizations for the release of their employment, medical and criminal records. The case has been referred to Magistrate Judge Kay by separate order for mediation to be held in July 2007, and a status conference will be held on 8/2/2007 at 9:30 a.m. Signed by Judge Ellen S. Huvelle on 4/11/2007. (lcesh2) (Entered: 04/11/2007)
Minute Entry for proceedings held before Judge Ellen S. Huvelle : Status Conference held on 4/11/2007. Case referred to Magistrate Alan Kay to commence in July, 2007. Defendant's responsive materials due by 5/21/2007. Status Conference set for 8/2/2007 09:30 AM in Courtroom 14 before Judge Ellen S. Huvelle. (Court Reporter Lisa Griffith) (gdf) (Entered: 04/12/2007)
CASE REFERRED to Magistrate Judge Alan Kay for settlement. (jeb, ) (Entered: 04/12/2007)
30 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. JOHN GANT served on 4/11/2007 (Attachments: # 1 Affidavit)(McDonald, Ashley) (Entered: 04/16/2007)

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04/16/2007 04/16/2007 04/17/2007 04/24/2007
04/24/2007 05/24/2007
05/29/2007 07/09/2007 07/09/2007 07/12/2007 07/17/2007 07/20/2007
07/20/2007 08/01/2007
08/02/2007
08/02/2007

31 Separate ANSWER to Complaint with Jury Demand by DISTRICT OF COLUMBIA. Related document: 3 Complaint filed by JANE DOE, JANE ROE.(Struck, Daniel) (Entered: 04/16/2007)
32 DEMAND for Trial by Jury by DISTRICT OF COLUMBIA. (Struck, Daniel) (Entered: 04/16/2007)
33 SCHEDULING ORDER: Settlement Conference set for 7/10/2007, at 10:30 AM in Chambers before Magistrate Judge Alan Kay. Signed by Magistrate Judge Alan Kay on 04/17/07. (DM) (Entered: 04/17/2007)
34 MOTION for Leave to Appear Pro Hac Vice for Rachel Love Halvorson by DISTRICT OF COLUMBIA, CORRECTIONS CORPORATION OF AMERICA, INC. (Attachments: # 1 Exhibit Declaration of R Halvorson with Cert from State of Arizona)(Maloney, Paul) (Entered: 04/24/2007)
MINUTE ORDER granting 34 the Motion for Admission Pro Hac Vice of Rachel Love Halvorson. Signed by Judge Ellen S. Huvelle on 4/24/2007. (KF) (Entered: 04/24/2007)
35 Joint MOTION for Protective Order by DISTRICT OF COLUMBIA, CORRECTIONS CORPORATION OF AMERICA, INC. (Attachments: # 1 Text of Proposed Order (Proposed) Protective Order)(Holsman, Jennifer) (Entered: 05/24/2007)
36 PROTECTIVE ORDER Re: 35 Motion for Protective Order. Signed by Judge Ellen S. Huvelle on 5/29/07. (mpt, ) (Entered: 05/29/2007)
37 RULE 26a1 STATEMENT. (Murray, Dwight) (Entered: 07/09/2007)
38 ANSWER to Complaint with Jury Demand by JOHN GANT. Related document: 3 Complaint filed by JANE DOE, JANE ROE.(Murray, Dwight) (Entered: 07/09/2007)
39 NOTICE by ELRY MCKNIGHT, JOHN GANT (Attachments: # 1 Civil Cover Sheet Praecipe# 2 Supplement Initial Disclosure Statement Supplement)(Murray, Dwight) (Entered: 07/12/2007)
Minute Entry. Proceedings held before Magistrate Judge Alan Kay: Settlement Conference held on 7/10/2007. (DM) (Entered: 07/17/2007)
40 MOTION for Leave to Appear Pro Hac Vice :Attorney Name− Rachel Love Halvorson, :Firm− Jones Skelton &Hochuli, PLC, :Address− 2901 North Central Avenue, Suite 800, Phoenix, Arizona 85012. Phone No. − 602−263−1700. Fax No. − 602−263−1784 by DISTRICT OF COLUMBIA, CORRECTIONS CORPORATION OF AMERICA, INC. (Attachments: # 1 Exhibit Delcaration# 2 Exhibit Certificate of good standing# 3 Text of Proposed Order)(Maloney, Paul) (Entered: 07/20/2007)
MINUTE ORDER granting 40 the Motion for Admission Pro Hac Vice of Rachel Love Halvorson. Signed by Judge Ellen S. Huvelle on 7/20/2007. (KF) (Entered: 07/20/2007)
41 MOTION for Mediation Pursuant to LCvR 84.4(a)(2) by DISTRICT OF COLUMBIA, CORRECTIONS CORPORATION OF AMERICA, INC. (Attachments: # 1 Text of Proposed Order Proposed Order)(Struck, Daniel) (Entered: 08/01/2007)
Minute Entry. Proceedings held before Judge Ellen S. Huvelle : Status Conference held on 8/2/2007. 41 Motion for Mediation; granted in part. Status Conference set for 11/1/2007 at 10:00 AM in Courtroom 14 before Judge Ellen S. Huvelle. (Court Reporter Lisa Griffith.) (cp, ) (Entered: 08/02/2007)
MINUTE ORDER: Upon consideration of the Motion to Refer Case to Mediation Program Pursuant to LcvR 84.4(a)(2) filed by defendants District of Columbia and Corrections Corporation of America, it is hereby ORDERED that defendants' motion is granted in part insofar as the parties are required to resume settlement discussions with Magistrate Judge Kay. The Court recommends that the individual parties be required to attend settlement discussions. The next status will be held on

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08/07/2007 08/27/2007 08/29/2007 08/29/2007 08/31/2007 09/04/2007 09/24/2007
09/25/2007 10/03/2007 10/12/2007 10/29/2007
10/29/2007
10/31/2007 10/31/2007
11/01/2007 11/01/2007

November 1, 2007 at 10:00 a.m. All written discovery shall be completed by October 30, 2007, and settlement discussions shall be completed before the next status. Signed by Judge Ellen S. Huvelle on 8/2/2007. (lcesh2) (Entered: 08/02/2007)
42 NOTICE of Appearance by Thomas C. Hill on behalf of JANE DOE, JANE ROE (Hill, Thomas) (Entered: 08/07/2007)
MINUTE ORDER setting a mediation for October 1, 2007, at 2:30 p.m., in room 2333 (chambers.) Signed by Magistrate Judge Alan Kay on 08/27/07. (DM) (Entered: 08/27/2007)
43 ENTERED IN ERROR.....NOTICE OF NAME CHANGE by DISTRICT OF COLUMBIA, CORRECTIONS CORPORATION OF AMERICA, INC. (Struck, Daniel) Modified on 8/29/2007 (jf, ). (Entered: 08/29/2007)
NOTICE OF CORRECTED DOCKET ENTRY: Document No. re 43 Notice OF NAME CHANGE was entered in error and counsel was instructed to submit the form with the Attorney's Admissions Clerk. (jf, ) (Entered: 08/29/2007)
Writ of Habeas Corpus ad Testificandum Issued as to Melissa Hughes for attendance at settlement conference on 10/1/07. (kk) (Entered: 09/11/2007)
Set/Reset Hearings : Settlement Conference set for 10/1/07 at 2:30 PM in Chambers before Magistrate Judge Alan Kay. (kk) (Entered: 09/04/2007)
44 TRANSCRIPT of Hearing held on April 22, 2007 before Judge Ellen Segal Huvelle. Court Reporter: Lisa Walker Griffith. The public may view the document in the Clerk's Office between the hours of 9:00 a.m. and 4:00 p.m, Monday through Friday. (jf, ) (Entered: 09/24/2007)
Set/Reset Deadlines: Written Discovery completed by 10/30/2007. (gdf) (Entered: 09/25/2007)
Minute Entry. Proceedings held before Magistrate Judge Alan Kay: Settlement Conference held on 10/1/2007. (DM) (Entered: 10/03/2007)
Minute Entry. Proceedings held before Magistrate Judge Alan Kay: Settlement Conference held on 10/01/2007. (DM) (Entered: 10/12/2007)
45 MOTION Telephonic Appearance re Order on Motion for Mediation,, for Status Hearing Set for 11/1/07 by DISTRICT OF COLUMBIA, CORRECTIONS CORPORATION OF AMERICA, INC. (Attachments: # 1 Text of Proposed Order)(Holsman, Jennifer) (Entered: 10/29/2007)
MINUTE ORDER granting 45 defendants' Request to Attend November 1, 2007, Status Hearing Telephonically. Attorney Jennifer Holsman may participate in the November 1, 2007, Status Conference by telephone. Signed by Judge Ellen S. Huvelle on 10/29/2007. (KF) (Entered: 10/29/2007)
NOTICE of Hearing:Status Conference reset for 11/1/2007 at 9:30 AM in Courtroom 14 before Judge Ellen S. Huvelle. (gdf) (Entered: 10/31/2007)
46 Memorandum in opposition to re 1 MOTION to proceed under pseudonym as "Jane Doe" and "Jane Roe" (Renewed) filed by DISTRICT OF COLUMBIA, CORRECTIONS CORPORATION OF AMERICA, INC.. (Attachments: # 1 Statement of Facts # 2 Text of Proposed Order)(Struck, Daniel) (Entered: 10/31/2007)
47 ORDER REFERRING CASE to Magistrate Judge Alan Kay for resolution of all discovery disputes. Signed by Judge Ellen S. Huvelle on 11/1/2007. (lcesh2) (Entered: 11/01/2007)
48 SCHEDULING ORDER: Plaintiffs' Rule 26a2 due by 9/2/2008; defendants' Rule 26a2 due by 10/2/2008; all discovery due by 12/8/2008; status conference set for 12/12/2008 at 9:30 a.m. in Courtroom 14 before Judge Ellen S. Huvelle. Signed by Judge Ellen S. Huvelle on 11/1/2007. (lcesh2) (Entered: 11/01/2007)

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11/01/2007
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08/29/2008

Minute Entry. Proceedings held before Judge Ellen S. Huvelle : Status Conference held on 11/1/2007. Case referred to Magistrate Judge Alan Kay for Discovery. Scheduling Order to be presented. Status Conference set for 12/12/2008 09:30 AM in Courtroom 14 before Judge Ellen S. Huvelle. (Court Reporter: Lisa Griffith) (gdf) (Entered: 11/01/2007)
Set/Reset Deadlines: Discovery due by 12/8/2008.,Plaintiff Rule 26a2 due by 9/2/2008.,Defendant Rule 26a2 due by 10/2/2008. (gdf) (Entered: 11/01/2007)
49 Memorandum in opposition to re 1 MOTION to proceed under pseudonym as "Jane Doe" and "Jane Roe" (Amended) filed by DISTRICT OF COLUMBIA, CORRECTIONS CORPORATION OF AMERICA, INC.. (Attachments: # 1 Statement of Facts # 2 Text of Proposed Order)(Struck, Daniel) (Entered: 11/01/2007)
CASE RE−REFERRED to Magistrate Judge Alan Kay for discovery disputes. (jeb, ) (Entered: 11/02/2007)
MINUTE ORDER denying 1 Plaintiffs' Motion to Proceed Under Pseudonym. "It is the exceptional case in which a plaintiff may proceed under a fictitious name." Doe v. Frank, 951 F.2d 320, 323 (11th Cir. 1992). The privacy interests of these plaintiffs, who have voluntarily initiated this civil action and apparently communicated with members of the press about their allegations, do not outweigh the "customary and constitutionally−embedded presumption of openness in judicial proceedings" in which all parties are identified. Doe v. Stegall, 653 F.2d 180, 186 (5th Cir. 1981); see also Doe v. Shakur, 164 F.R.D. 359, 361 (S.D.N.Y. 1996). SO ORDERED. Signed by Judge Ellen S. Huvelle on 11/16/2007. (lcesh2) (Entered: 11/16/2007)
50 NOTICE of Filing Exhibits Under Seal by DISTRICT OF COLUMBIA, CORRECTIONS CORPORATION OF AMERICA, INC. re 49 Memorandum in Opposition, (Attachments: # 1 Exhibit Cover Sheet Stamped by the Clerk)(Struck, Daniel) (Entered: 11/19/2007)
51 NOTICE of Appearance by Ellen Connelly Cohen on behalf of JANE DOE, JANE ROE (Cohen, Ellen) (Entered: 12/21/2007)
52 MOTION Motion to Update Caption by DISTRICT OF COLUMBIA, CORRECTIONS CORPORATION OF AMERICA, INC. (Attachments: # 1 Text of Proposed Order Proposed Order)(Holsman, Jennifer) (Entered: 01/14/2008)
MINUTE ORDER: 52 Defendants Corrections Corporation of America and the District of Columbia's Motion to Update Caption is hereby granted. Signed by Judge Ellen S. Huvelle on 1/14/2008. (VT) (Entered: 01/14/2008)
53 NOTICE OF WITHDRAWAL OF APPEARANCE as to MELLISSA HUGHES, LILIANA BRITO. Attorney Ashley McDonald terminated. (McDonald, Ashley) (Entered: 05/02/2008)
54 ORDER REFERRING CASE to Magistrate Judge Alan Kay for settlement discussions to begin on or about September 1, 2008. Signed by Judge Ellen S. Huvelle on 8/20/2008. (VT) (Entered: 08/20/2008)
55 CASE REFERRED to Magistrate Judge Alan Kay for Settlement purposes. (ls, ) (Entered: 08/22/2008)
MINUTE ORDER noting that the mediation tentatively set for September 10, 2008 will not proceed on that date because the Court has confirmed that approximately 40 days' notification is required before the Plaintiff [incarcerated] can be transported to chambers to attend the mediation. Counsel should jointly contact chambers, at 202−354−3030, to select a new mediation date, consistent with the 40 day requirement. Signed by Magistrate Judge Alan Kay on 08/27/08. (DM) (Entered: 08/27/2008)
MINUTE ORDER setting Settlement Conference for 10/15/2008, at 10:30 AM in Chambers before Magistrate Judge Alan Kay. Chambers will handle the "come−up" order. Signed by Magistrate Judge Alan Kay on 08/29/08. (DM) (Entered: 08/29/2008)

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09/01/2008
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56 Joint MOTION to Stay Deposition Discovery and Vacate All Discovery Deadlines Pending Outcome of Settlement Conference by ELRY MCKNIGHT, JOHN GANT, MELLISSA HUGHES, LILIANA BRITO, DISTRICT OF COLUMBIA, CORRECTIONS CORPORATION OF AMERICA, INC. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Cohen, Ellen) (Entered: 09/01/2008)
MINUTE ORDER granting 56 Parties' Joint Consent Motion for Stay of Deposition Discovery and to Vacate all Discovery Deadlines. Deposition discovery is stayed and all discovery deadlines are vacated to dates to be determined by the Court pending the outcome of a Settlement Mediation to be held on October 15, 2008, before Magistrate Judge Alan Kay. The status conference set for December 12, 2008 will remain as scheduled. Signed by Judge Ellen S. Huvelle on 9/2/2008. (VT) (Entered: 09/02/2008)
Writ of Habeas Corpus ad Testificandum Issued for Melissa Hughes for her attendance at a settlement conference scheduled for 10/15/08. (kk) (Entered: 09/10/2008)
57 ORDER directing that the U.S. Marshal hold Plaintiff MELISSA HUGHES in custody in the District of Columbia until 10/24/08, at which time she may be transferred back to the prison facility located in West Virginia in which she is incarcerated; signed by Magistrate Judge Alan Kay on 10/15/08. (kk) (Entered: 10/16/2008)
58 ORDER dismissing case in light of settlement. Signed by Judge Ellen S. Huvelle on 10/21/2008. (VT) (Entered: 10/21/2008)
Minute Entry for proceedings held before Magistrate Judge Alan Kay: Settlement Conference held on 10/15/2008. (DM) (Entered: 10/24/2008)