Case: Wharton v. Danberg

1:12-cv-01240 | U.S. District Court for the District of Delaware

Filed Date: Oct. 1, 2012

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Case Summary

On October 1, 2012, four detained former Delaware prisoners, represented by private counsel, filed this lawsuit against Commissioner of the Delaware Department of Corrections (DDOC) and two directors of Central Offender Records (COR). They alleged that the defendants' failure to take steps to correct the allegedly well known and long-term (since at least 2008) dysfunction of COR constituted a violation of the Fourth, Fifth, and Eighth Amendments. Specifically, the plaintiffs claimed that DDOC and COR maintained inadequate staff, training, discipline policies, and hours of operation, along with a host of other policies, that led to frequent overdetention, ranging from 12 hours to days, weeks, months, and possibly even years past court-ordered release. The plaintiffs filed in the U.S. District Court for the District of Delaware under 42 U.S.C. § 1983, individually and as a class, on behalf of all those incarcerated in a DDOC facility as of October 1, 2008 or later who were not or would not be released within 12 hours of the expiration of their sentence or the forwarding of a court order for release. The plaintiffs sought declaratory relief, preliminary and permanent injunctions to prevent the defendants from pursing practices that caused overdetention, damages, appointment of a monitor to supervise COR, and attorneys’ fees and cost.

On December 4, 2012, an additional DDOC prisoner filed pro se to intervene in the case. He claimed that errors in the calculation of his date of imprisonment and his good time could lead to 8 years or more of overdetention. Additionally, on August 15, 2013, the prisoner filed a motion for partial summary judgment to adjust his date of imprisonment and good time credit.

The case was referred to Magistrate Judge Christopher J. Burke for mediation on January 24, 2013.

While the intervenor's motions were still pending, the plaintiffs filed a motion to amend the complaint on June 2, 2014. The plaintiffs sought to add further factual support and examples of overdetained inmates.

On September 29, 2014, Judge Leonard P. Stark denied the DDOC’s prisoner’s motions to intervene and for partial summary judgment because the prisoner failed to show how his interests would not be adequately represented as a member of the class. 2014 WL 4925227. At the same time, Judge Stark granted the plaintiffs’ motion to amend the complaint.

On October 3, 2014, the plaintiffs filed a motion to certify the class and the defendants filed a motion to strike certain members of the class. The defendants then filed a motion for summary judgment a few months later in March 2015.

Judge Stark denied class certification, denied the motion to strike certain members of the class as moot, and granted summary judgment to the defendants on September 30, 2015. 2015 WL 5768936. Judge Stark denied class certification to the plaintiffs because some members of the proposed class were overdetained due to delays in the court system while others were detained due to delays at COR. Judge Stark granted summary judgment to the defendants because the plaintiffs failed to produce evidence that the defendants were deliberately indifferent to the overdetention problem and found no causal connection between actions or policies by the defendants and the harm suffered by the plaintiffs.

Subsequently, the plaintiffs filed a motion to alter or amend the judgment on October 28, 2014. Judge Stark denied the motion on March 21, 2016 because the plaintiffs’ motion seemed like an attempt to rehash arguments already made at summary judgment without any new evidence. 2016 WL 1089408.

On April 19, 2016, the plaintiffs appealed the denial of class certification, granting of summary judgment to the defendants, and denial of the motion to alter or amend the judgment to the Third Circuit. On April 19, 2017, the court of appeals affirmed Judge Stark’s decision to grant summary judgment because the plaintiffs failed to establish deliberate indifference to the overdetention. (Circuit Judges Kent A. Jordan, Joseph A. Greenaway Jr., and Marjorie O. Rendell). 854 F.3d 234. Having affirmed the grant of summary judgment, the appeals court did not reach the other issues. This case is now closed.

Summary Authors

Kenneth Gray (7/8/2013)

Emily Kempa (3/20/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5057985/parties/wharton-v-danberg/

Judge(s)

Attorney for Plaintiff

Grady, John S. (Delaware)

Hampton, Stephen A. (Delaware)

Attorney for Defendant

Fortune, Katisha D. (Delaware)

McTaggart, Michael F. (Delaware)

Niedzielski, Marc P. (Delaware)

Judge(s)

Stark, Leonard Philip (Delaware)

Attorney for Plaintiff

Grady, John S. (Delaware)

Hampton, Stephen A. (Delaware)

Attorney for Defendant

Fortune, Katisha D. (Delaware)

McTaggart, Michael F. (Delaware)

Niedzielski, Marc P. (Delaware)

Spivack, Dennis (Delaware)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1:12-cv-01240	Docket	May 11, 2017	May 11, 2017 Docket
1 1:12-cv-01240	Complaint (Class Action)	Oct. 1, 2012	Oct. 1, 2012 Complaint
49 1:12-cv-01240	Amended Complaint U.S. Court of Appeals for the Third Circuit	June 2, 2014	June 2, 2014 Complaint
56 1:12-cv-01240	Memorandum Order	Sept. 29, 2014	Sept. 29, 2014 Order/Opinion 2014 WL 4925227
90 1:12-cv-01240	Memorandum Opinion	Sept. 30, 2015	Sept. 30, 2015 Order/Opinion 2015 WL 5768936
98 1:12-cv-01240	Memorandum Order	March 21, 2016	March 21, 2016 Order/Opinion 2016 WL 1089408

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/5057985/wharton-v-danberg/

Last updated March 26, 2025, 9:20 a.m.

ECF Number	Date	Description	Link
1	Oct. 1, 2012	COMPLAINT filed with Jury Demand against Carl C. Danberg, Cathy Escherich, Rebecca McBride − Magistrate Consent Notice to Pltf. ( Filing fee $ 350, receipt number 0311−1148445.) − filed by Philip A. Wharton, Joseph Roundtree, James Maddox, Lamar Correa. (Attachments: # 1 Civil Cover Sheet)(eam) (Entered: 10/02/2012)	PACER
2	Oct. 1, 2012	Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction (eam) (Entered: 10/02/2012)	PACER
	Oct. 2, 2012	No Summons Issued (eam) (Entered: 10/02/2012)	PACER
	Oct. 10, 2012	Case Assigned to Judge Leonard P. Stark. Please include the initials of the Judge (LPS) after the case number on all documents filed. (rjb) (Entered: 10/10/2012)	PACER
	Oct. 23, 2012	Summons Issued with Magistrate Consent Notice attached as to Carl C. Danberg on 10/23/2012; Cathy Escherich on 10/23/2012; Rebecca McBride on 10/23/2012. (rwc) (Entered: 10/23/2012)	PACER
3	Nov. 14, 2012	SUMMONS Returned Executed by Philip A. Wharton. Carl C. Danberg served on 11/1/2012, answer due 11/26/2012. (Hampton, Stephen) (Entered: 11/14/2012)	PACER
4	Nov. 14, 2012	SUMMONS Returned Executed by Philip A. Wharton. Cathy Escherich served on 11/3/2012, answer due 11/26/2012. (Hampton, Stephen) (Entered: 11/14/2012)	PACER
5	Nov. 14, 2012	SUMMONS Returned Executed by Philip A. Wharton. Rebecca McBride served on 11/1/2012, answer due 11/26/2012. (Hampton, Stephen) (Entered: 11/14/2012)	PACER
6	Nov. 20, 2012	ANSWER to 1 Complaint, by Carl C. Danberg, Cathy Escherich, Rebecca McBride.(Niedzielski, Marc) (Entered: 11/20/2012)	PACER
7	Nov. 27, 2012	MOTION for Pro Hac Vice Appearance of Attorney William Claiborne − filed by Philip A. Wharton. (Hampton, Stephen) (Entered: 11/27/2012)	PACER
	Nov. 28, 2012	SO ORDERED, re 7 MOTION for Pro Hac Vice Appearance of Attorney William Claiborne filed by Philip A. Wharton. Signed by Judge Leonard P. Stark on 11/28/12. (ntl) (Entered: 11/28/2012)	PACER
8	Dec. 4, 2012	MOTION to Intervene − filed by Joseph M. Walls. (dzb, ) (Entered: 12/04/2012)	PACER
9	Dec. 14, 2012	ORAL ORDER: IT IS HEREBY ORDERED that the parties shall confer regarding proposed dates in the scheduling order and shall submit a proposal to the Court no later than January 4, 2013. The parties are to review the Court's form scheduling order, which is posted at http://www.ded.uscourts.gov (see Chambers, Judge Stark, Forms). ORDERED by Judge Leonard P. Stark on 12/14/12.(ntl) (Entered: 12/14/2012)	PACER
10	Dec. 20, 2012	MOTION for Extension of Time to File Response/Reply as to 8 MOTION to Intervene − filed by Philip A. Wharton. (Hampton, Stephen) (Entered: 12/20/2012)	PACER
11	Dec. 20, 2012	PROPOSED ORDER Grant Plaintiffs' Motion for an Enlargement of Time to File their Response to the Motion to Intervene re 10 MOTION for Extension of Time to File Response/Reply as to 8 MOTION to Intervene by Philip A. Wharton. (Hampton, Stephen) (Entered: 12/20/2012)	PACER
12	Dec. 20, 2012	CERTIFICATE OF SERVICE of Plaintiffs' Motion for an Enlargement of Time to File their Response to the Motion to Intervene by Philip A. Wharton re 10 MOTION for Extension of Time to File Response/Reply as to 8 MOTION to Intervene (Hampton, Stephen) (Entered: 12/20/2012)	PACER
13	Dec. 21, 2012	Letter to The Honorable Leonard P. Stark from Deputy Attorney General Marc P. Niedzielski regarding plaintiff's motion for extension of time. (Niedzielski, Marc)	PACER
14	Dec. 27, 2012	ORAL ORDER by Judge Leonard P. Stark: Pursuant to Defendants' letter of December 21, 2012 (D.I. 13 ), IT IS HEREBY ORDERED that Defendants' response to the Motion to Intervene (D.I. 8 ) is due on or before January 23, 2013.(rpg) (Entered: 12/27/2012)	PACER
15	Jan. 4, 2013	NOTICE of Appearance by Michael F. McTaggart on behalf of Carl C. Danberg, Cathy Escherich, Rebecca McBride (McTaggart, Michael) (Entered: 01/04/2013)	PACER
16	Jan. 4, 2013	NOTICE of Appearance by Katisha D. Fortune on behalf of Carl C. Danberg, Cathy Escherich, Rebecca McBride (Fortune, Katisha) (Entered: 01/04/2013)	PACER
17	Jan. 4, 2013	PROPOSED ORDER Scheduling by Philip A. Wharton. (Hampton, Stephen) (Entered: 01/04/2013)	PACER
18	Jan. 10, 2013	NOTICE of Appearance by Dennis Spivack on behalf of Carl C. Danberg, Cathy Escherich, Rebecca McBride (Spivack, Dennis) (Entered: 01/10/2013)	PACER
19	Jan. 16, 2013	RESPONSE to Motion re 8 MOTION to Intervene filed by Carl C. Danberg, Cathy Escherich, Rebecca McBride. (Fortune, Katisha) (Entered: 01/16/2013)	PACER
20	Jan. 18, 2013	RESPONSE to Motion re 8 MOTION to Intervene filed by Philip A. Wharton. (Attachments: # 1 Certificate of Service)(Hampton, Stephen) (Entered: 01/18/2013)	PACER
21	Jan. 24, 2013	SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Joinder of Parties due by 12/1/2013. Amended Pleadings due by 12/1/2013. Discovery due by 8/1/2014. Status Report due by 5/20/2013. Dispositive Motions due by 2/10/2014. Signed by Judge Leonard P. Stark on 1/24/13. (ntl) (Entered: 01/24/2013)	PACER
	Jan. 24, 2013	CASE REFERRED to Magistrate Judge Christopher J. Burke for Mediation. (dlk) (Entered: 01/30/2013)	PACER
22	Feb. 7, 2013	REPLY BRIEF − re 8 MOTION to Intervene filed by Joseph M. Walls. (mdb) (Entered: 02/07/2013)	PACER
23	Feb. 7, 2013	NOTICE OF SERVICE of Plaintiff's 1st Set of Interrogatories Directed to Defendants, and Plaintiff's 1st Request for Production Directed to Defendants by Philip A. Wharton.(Hampton, Stephen) (Entered: 02/07/2013)	PACER
24	Feb. 15, 2013	ORDER Setting Teleconference: A Telephone Conference is set for 3/18/2013 at 10:45 AM before Judge Christopher J. Burke to discuss ADR. Signed by Judge Christopher J. Burke on 2/15/2013. (dlk) (Entered: 02/15/2013)	PACER
25	March 5, 2013	NOTICE OF SERVICE of State Defendants' First Set of Interrogatories and State Defendants' First Request for Production by Carl C. Danberg, Cathy Escherich, Rebecca McBride.(Niedzielski, Marc) (Entered: 03/05/2013)	PACER
26	March 8, 2013	NOTICE of Withdrawal of Appearance by Philip A. Wharton (Hampton, Stephen) (Entered: 03/08/2013)	PACER
27	March 27, 2013	ORDER Setting Teleconference: A Telephone Conference is set for 9/23/2013 at 11:00 AM before Judge Christopher J. Burke. Signed by Judge Christopher J. Burke on 3/27/2013. (dlk) (Entered: 03/27/2013)	PACER
28	April 9, 2013	Addendum to Reply Brief 22 − filed by Joseph M. Walls. Re 8 MOTION to Intervene. (cla, ) (Entered: 04/09/2013)	PACER
29	April 22, 2013	NOTICE OF SERVICE of Plaintiffs' Responses to Defendants' 1st Request for Production by Philip A. Wharton.(Hampton, Stephen) (Entered: 04/22/2013)	PACER
30	April 30, 2013	NOTICE of Withdrawal of Counsel Katisha D. Fortune by Carl C. Danberg, Cathy Escherich, Rebecca McBride (Niedzielski, Marc) (Entered: 04/30/2013)	PACER
	May 9, 2013	SO ORDERED, re 31 STIPULATION AND ORDER AS TO CONFIDENTIALITY. Signed by Judge Leonard P. Stark on 5/9/13. (ntl) (Entered: 05/09/2013)	PACER
32	May 10, 2013	NOTICE OF SERVICE of Defendants' Response to 1st Set of Interrogatories and Defendants' Responses to Plaintiffs' first Request for Production re 23 Notice of Service by Carl C. Danberg, Cathy Escherich, Rebecca McBride. Related document: 23 Notice of Service filed by Philip A. Wharton.(Niedzielski, Marc) (Entered: 05/10/2013)	PACER
33	May 20, 2013	Interim STATUS REPORT by Philip A. Wharton. (Hampton, Stephen) (Entered: 05/20/2013)	PACER
34	July 12, 2013	NOTICE OF SERVICE of Defendants' First Supplemental Response to Question 3 of Plaintiffs' First Set of Request for Production of Documents (Bates Numbered Guinn 1 − 1619 and King 1 − 900) re 23 Notice of Service, 32 Notice of Service, by Carl C. Danberg, Cathy Escherich, Rebecca McBride. Related document: 23 Notice of Service filed by Philip A. Wharton, 32 Notice of Service, filed by Cathy Escherich, Rebecca McBride, Carl C. Danberg.(Niedzielski, Marc) (Entered: 07/12/2013)	PACER
35	July 26, 2013	NOTICE OF SERVICE of Defendants' Second Supplemental Response to Question 3 of Plaintiffs' First Set of Request for Production of Documents re 23 Notice of Service, 34 Notice of Service, 32 Notice of Service, by Carl C. Danberg, Cathy Escherich, Rebecca McBride. Related document: 23 Notice of Service filed by Philip A. Wharton, 34 Notice of Service, filed by Cathy Escherich, Rebecca McBride, Carl C. Danberg, 32 Notice of Service, filed by Cathy Escherich, Rebecca McBride, Carl C. Danberg.(Niedzielski, Marc) (Entered: 07/26/2013)	PACER
36	Aug. 15, 2013	MOTION for Partial Summary Judgment − filed by Joseph M. Walls. (Attachments: # 1 Cover Letter)(cla, ) (Entered: 08/15/2013)	PACER
37	Aug. 27, 2013	PROPOSED ORDER Amend Scheduling order by Philip A. Wharton. (Attachments: # 1 Certificate of Service)(Hampton, Stephen) (Entered: 08/27/2013)	PACER
38	Aug. 27, 2013	NOTICE OF SERVICE of Defendants' Third Supplemental Response to Question 3 of Plaintiffs' First Set of Request of Production of Documents re 23 Notice of Service by Carl C. Danberg, Cathy Escherich, Rebecca McBride. Related document: 23 Notice of Service filed by Philip A. Wharton.(Niedzielski, Marc) (Entered: 08/27/2013)	PACER
39	Aug. 28, 2013	RESPONSE to Motion re 36 MOTION for Partial Summary Judgment filed by Philip A. Wharton. (Attachments: # 1 Certificate of Service)(Hampton, Stephen) (Entered: 08/28/2013)	PACER
	Aug. 28, 2013	SO ORDERED, re 37 STIPULATED AMENDED SCHEDULING ORDER −− Discovery due by 2/3/2014, Dispositive Motions due by 8/11/2014. Signed by Judge Leonard P. Stark on 8/28/13. (ntl) (Entered: 08/28/2013)	PACER
40	Sept. 9, 2013	RESPONSE to Motion re 36 MOTION for Partial Summary Judgment filed by Carl C. Danberg, Cathy Escherich, Rebecca McBride. (Niedzielski, Marc) (Entered: 09/09/2013)	PACER
	Sept. 20, 2013	ORAL ORDER: The Telephone Conference set for 9/23/2013 at 11:00 AM before Judge Christopher J. Burke has been cancelled and will be rescheduled for a date to be determined. Ordered by Judge Christopher J. Burke on 9/20/2013. (dlk) (Entered: 09/20/2013)	PACER
41	Oct. 17, 2013	NOTICE OF SERVICE of Defendants' Foruth Supplemental Response to Question 3 of Plaintiffs' First Set of Request for Production of Documents (Bates Numbered Hendricks 1−70 and Page 1−31) re 23 Notice of Service, 32 Notice of Service, by Carl C. Danberg, Cathy Escherich, Rebecca McBride. Related document: 23 Notice of Service filed by Philip A. Wharton, 32 Notice of Service, filed by Cathy Escherich, Rebecca McBride, Carl C. Danberg.(Niedzielski, Marc) (Entered: 10/17/2013)	PACER
42	Dec. 27, 2013	MOTION for Marc P. Niedzielski to Withdraw as Attorney − filed by Carl C. Danberg, Cathy Escherich, Rebecca McBride. (Niedzielski, Marc) (Entered: 12/27/2013)	PACER
44	Jan. 29, 2014	NOTICE of Substitution of Counsel by Philip A. Wharton (Hampton, Stephen) (Entered: 01/29/2014)	PACER
	Feb. 3, 2014	SO ORDERED, re 43 Second Stipulated Amended Scheduling Order −− Amended Pleadings due by 1/2/2015. Discovery due by 9/3/2014. Joinder of Parties due by 1/2/2015. Dispositive Motions due by 3/11/2015. Signed by Judge Leonard P. Stark on 2/3/14. (ntl) (Entered: 02/03/2014)	PACER
45	March 6, 2014	ORDER Setting Teleconference: A Telephone Conference is set for 3/17/2014 at 10:00 AM before Judge Christopher J. Burke. Signed by Judge Christopher J. Burke on 3/5/214. (dlk) Modified on 3/6/2014 (dlk). (Entered: 03/06/2014)	PACER
	March 6, 2014	CORRECTING ENTRY: The entry made at D.I. 45 has been corrected to reflect the time for the T/C is 10:00 a.m. not 10:15 a.m. (dlk) (Entered: 03/06/2014)	PACER
46	March 14, 2014	NOTICE of Appearance by Scott W. Perkins on behalf of Carl C. Danberg, Cathy Escherich, Rebecca McBride (Perkins, Scott) (Entered: 03/14/2014)	PACER
	March 14, 2014	CORRECTING ENTRY: D.I. 47 deleted as duplicative of D.I. 46. (ntl) (Entered: 03/14/2014)	PACER
47	March 19, 2014	ORDER Setting Teleconference: A Telephone Conference is set for 6/2/2014 at 10:00 AM before Judge Christopher J. Burke. Signed by Judge Christopher J. Burke on 3/19/2014. (dlk) (Entered: 03/19/2014)	PACER
48	May 28, 2014	NOTICE OF SERVICE of Defendants' Fifth Supplemental Response to Question 3 of Plaintiffs' First Set of Request for Production of Documents re 23 Notice of Service filed by Carl C. Danberg, Cathy Escherich, Rebecca McBride.(McTaggart, Michael) (Entered: 05/28/2014)	PACER
49	June 2, 2014	MOTION to Amend/Correct Complaint − filed by Philip A. Wharton. (Attachments: # 1 Affidavit, # 2 Certificate of Service, # 3 Exhibit Amended complaint)(Hampton, Stephen) (Entered: 06/02/2014)	PACER
50	Aug. 18, 2014	NOTICE to Take Deposition of Rebecca McBride on 9/3/14 filed by Philip A. Wharton.(Hampton, Stephen) (Entered: 08/18/2014)	PACER
51	Aug. 18, 2014	NOTICE to Take Deposition of Kim Wheatley on 9/3/14 filed by Philip A. Wharton.(Hampton, Stephen) (Entered: 08/18/2014)	PACER
52	Aug. 25, 2014	NOTICE OF SERVICE of State Defendants' Second Set of Interrogatories and State Defendants' Second Request for Production Directed to Plaintiffs filed by Carl C. Danberg, Cathy Escherich, Rebecca McBride.(Perkins, Scott) (Entered: 08/25/2014)	PACER
53	Aug. 25, 2014	OBJECTIONS by Rebecca McBride to 50 Notice to Take Deposition . (Perkins, Scott) (Entered: 08/25/2014)	PACER
54	Aug. 25, 2014	OBJECTIONS by kimberly wheatley to 51 Notice to Take Deposition . (Perkins, Scott) (Entered: 08/25/2014)	PACER
55	Sept. 3, 2014	NOTICE OF SERVICE of Plaintiffs' 2nd Request for Production Directed at Defendant filed by Philip A. Wharton.(Hampton, Stephen) (Entered: 09/03/2014)	PACER
56	Sept. 29, 2014	MEMORANDUM ORDER re 36 MOTION for Partial Summary Judgment filed by Joseph M. Walls is DENIED; 8 MOTION to Intervene filed by Joseph M. Walls is DENIED; 49 MOTION for Leave to Amend filed by Philip A. Wharton is GRANTED. Signed by Judge Leonard P. Stark on 9/29/14. (ntl)	RECAP
57	Oct. 1, 2014	NOTICE OF SERVICE of Defendants' Response to Plaintiff's Second Request for Production filed by Carl C. Danberg, Cathy Escherich, Rebecca McBride.(McTaggart, Michael) (Entered: 10/01/2014)	PACER
58	Oct. 3, 2014	MOTION to Certify Class − filed by Philip A. Wharton. (Attachments: # 1 Proposed order, # 2 Notice of Class Action)(Hampton, Stephen) (Entered: 10/03/2014)	PACER
59	Oct. 3, 2014	MOTION to Strike Certain Members of the Purported Class − filed by Carl C. Danberg, Cathy Escherich, Rebecca McBride. (Attachments: # 1 Certificate of	PACER
61	Oct. 3, 2014	[SEALED] OPENING BRIEF in Support re 58 MOTION to Certify Class filed by Philip A. Wharton.Answering Brief/Response due date per Local Rules is 10/20/2014. (Attachments: # 1 Appendix, # 2 Appendix, # 3 Appendix, # 4 Appendix, # 5 Appendix, # 6 Appendix, # 7 Appendix, # 8 Appendix, # 9 Appendix, # 10 Appendix, # 11 Appendix)(Hampton, Stephen) (Entered: 10/03/2014)	PACER
62	Oct. 6, 2014	REDACTED VERSION of 60 Exhibit to a Document, Exhibit A to The Defendants' Motion to Strike Certain Members of the Purported Class by Carl C. Danberg, Cathy Escherich, Rebecca McBride. (Perkins, Scott) (Entered: 10/06/2014)	PACER
63	Oct. 6, 2014	Joint STATUS REPORT by Philip A. Wharton. (Hampton, Stephen) (Entered: 10/06/2014)	PACER
64	Oct. 7, 2014	[SEALED] AMENDED DOCUMENT by Philip A. Wharton. Amended Complaint . (Attachments: # 1 certificate of service)(Hampton, Stephen) (Entered: 10/07/2014)	PACER
65	Oct. 9, 2014	NOTICE OF SERVICE of Plaintiffs Answers to State Defendants' Second Set of Interrogatories and Plaintiffs' Responses to State Defendants' Second Request for Production filed by Lamar Correa, James Maddox, Joseph Roundtree, Philip A. Wharton.(Hampton, Stephen) (Entered: 10/09/2014)	PACER
66	Oct. 9, 2014	REDACTED VERSION Plaintiffs' Opening Brief in Support of their Motion for Class Certification by Lamar Correa, James Maddox, Joseph Roundtree, Philip A. Wharton. (Attachments: # 1 Appendix, # 2 Appendix)(Hampton, Stephen) (Entered: 10/09/2014)	PACER
67	Oct. 15, 2014	STIPULATION Regarding Briefing Schedule for Plaintiffs' Motion for Class Certification and Defendants' Motion to To Strike Certain Members of the Purported Class re 59 MOTION to Strike Certain Members of the Purported Class , 58 MOTION to Certify Class by Carl C. Danberg, Cathy Escherich, Rebecca McBride. (Perkins, Scott) (Entered: 10/15/2014)	PACER
	Oct. 16, 2014	SO ORDERED, re 67 Stipulation Regarding Briefing Schedule for motion for class certification and motion to strike certain members of the purported class. Signed by Judge Leonard P. Stark on 10/16/14. (ntl) (Entered: 10/16/2014)	PACER
68	Oct. 27, 2014	[SEALED] ANSWERING BRIEF in Opposition re 58 MOTION to Certify Class filed by Carl C. Danberg, Cathy Escherich, Rebecca McBride.Reply Brief due date per Local Rules is 11/6/2014. (Perkins, Scott) (Entered: 10/27/2014)	PACER
69	Oct. 27, 2014	[SEALED] RESPONSE to Motion re 59 MOTION to Strike Certain Members of the Purported Class filed by Lamar Correa, James Maddox, Joseph Roundtree, Philip A. Wharton. (Attachments: # 1 Exhibit Exhibit 1, # 2 Certificate of Service)(Hampton, Stephen) (Entered: 10/27/2014)	PACER
70	Oct. 29, 2014	REDACTED VERSION of 68 Answering Brief in Opposition to Plaintiffs' Motion for Class Certification by Carl C. Danberg, Cathy Escherich, Rebecca McBride. (Perkins, Scott) (Entered: 10/29/2014)	PACER
	Nov. 7, 2014	CORRECTING ENTRY: D.I. 71 and D.I. 72 were removed from the docket (filed in error). Counsel is advised to re−file the document as a Stipulation. (ntl) (Entered: 11/07/2014)	PACER
71	Nov. 13, 2014	REPLY BRIEF re 58 MOTION to Certify Class filed by Philip A. Wharton. (Hampton, Stephen) (Entered: 11/13/2014)	PACER
72	Feb. 9, 2015	NOTICE requesting Clerk to remove Dennis Spivack as co−counsel. Reason for request: Mr. Spivack is no longer associated with the Delaware Department of Justice. (McTaggart, Michael) (Entered: 02/09/2015)	PACER
73	Feb. 10, 2015	NOTICE of Withdrawal of Appearance by Philip A. Wharton (Hampton, Stephen) (Entered: 02/10/2015)	PACER
75	March 11, 2015	[SEALED] OPENING BRIEF in Support re 74 MOTION for Summary Judgment filed by Carl C. Danberg, Cathy Escherich, Rebecca McBride.Answering Brief/Response due date per Local Rules is 3/30/2015. (Attachments: # 1 Exhibit A Part 1, # 2 Exhibit A Part 2, # 3 Exhibit A Part 3, # 4 Certificate of Service)(Perkins, Scott) (Entered: 03/11/2015)	PACER
76	March 27, 2015	STIPULATION TO EXTEND TIME Answering Brief and Reply Brief to Motion for Summary Judgment to April 28 and May 19 − filed by Lamar Correa, James Maddox, Joseph Roundtree, Philip A. Wharton. (Hampton, Stephen) (Entered: 03/27/2015)	PACER
	March 31, 2015	SO ORDERED, re 76 STIPULATION TO EXTEND TIME Answering Brief and Reply Brief to Motion for Summary Judgment to April 28 and May 19 filed by Lamar Correa, James Maddox, Philip A. Wharton, Joseph Roundtree. Signed by Judge Leonard P. Stark on 3/31/15. (ntl) (Entered: 03/31/2015)	PACER
77	April 27, 2015	ANSWERING BRIEF in Opposition re 74 MOTION for Summary Judgment filed by Lamar Correa, James Maddox, Joseph Roundtree, Philip A. Wharton.Reply Brief due date per Local Rules is 5/7/2015. (Hampton, Stephen) (Entered: 04/27/2015)	PACER
78	May 4, 2015	[SEALED] APPENDIX re 77 Answering Brief in Opposition, CORRECTING ENTRY: by Lamar Correa, James Maddox, Joseph Roundtree, Philip A. Wharton. (Attachments: # 1 Appendix Vol 1 pt B, # 2 Appendix Vol 1 pt C, # 3 Appendix Vol 1 pt D, # 4 Appendix Vol 1 pt E, # 5 Appendix Vol 1 pt F, # 6 Appendix Vol 2 pt A, # 7 Appendix Vol 2 pt B, # 8 Appendix Vol 2 pt C, # 9 Appendix Vol 2 pt D, # 10 Appendix Vol 2 pt E, # 11 Appendix Vol 2 pt F)(Hampton, Stephen) (Entered: 05/04/2015)	PACER
79	May 4, 2015	REDACTED VERSION of 77 Answering Brief in Opposition, 78 Appendix, CORRECTING ENTRY: by Lamar Correa, James Maddox, Joseph Roundtree, Philip A. Wharton. (Attachments: # 1 Appendix)(Hampton, Stephen) (Entered: 05/04/2015)	PACER
80	May 4, 2015	CERTIFICATE OF SERVICE of Appendix to Plaintiffs' Brief in Opposition to Defendants' Motion for Summary Judgment by Lamar Correa, James Maddox, Joseph Roundtree, Philip A. Wharton re 78 Appendix, (Hampton, Stephen) (Entered: 05/04/2015)	PACER
	May 4, 2015	CORRECTING ENTRY: D.I. 78 was deleted and will be refiled as a sealed document. (ntl) (Entered: 05/04/2015)	PACER
81	May 19, 2015	REPLY BRIEF re 74 MOTION for Summary Judgment filed by Carl C. Danberg, Cathy Escherich, Rebecca McBride. (Perkins, Scott) (Entered: 05/19/2015)	PACER
82	June 8, 2015	ORAL ORDER: IT IS HEREBY ORDERED that Plaintiffs shall submit, by June 18, 2015, a chart identifying, for each purported class member Plaintiffs wish the Court to consider in ruling on Plaintiffs' motion for class certification (D.I. 58), (a) the Defendant(s) against whom each purported class member could assert a claim, (b) the legal theory (or theories) (i.e., Fourth, Fifth, Eighth, and/or Fourteenth Amendment(s)) under which each purported class member seeks relief, and (c) citations to specific facts (and specific page numbers in the record) that Plaintiffs intend to rely upon for support of each legal theory (or theories). Plaintiffs shall further submit, by June 25, 2015, a brief, no longer than ten (10) pages, addressing which subsection(s) of Federal Rule of Civil Procedure 23(b) (i.e., subsection(s) 1, 2, and/or 3) under which Plaintiffs seek class certification (whether subsections 2 and 3, as in the Amended Complaint, or subsections 1 and 2, as in Plaintiffs' briefing for their motion for class certification) and further addressing the applicability, if any, of the Supreme Court's decision in Taylor v. Barkes, No. 14−939 (June 1, 2015). Defendants may submit a brief, no longer than ten (10) pages, in response to Plaintiffs' brief, due no later than July 2, 2015. IT IS FURTHER ORDERED that the Court will hold a status teleconference on July 20 at 10:00 a.m. Plaintiffs' counsel shall initiate the call to 302−573−4573. ORDERED by Judge Leonard P. Stark on 6/8/15. (ntl) (Entered: 06/08/2015)	PACER
83	June 18, 2015	CLAIM Construction Chart by Lamar Correa, James Maddox, Joseph Roundtree, Philip A. Wharton. (Hampton, Stephen) (Entered: 06/18/2015)	PACER
85	July 2, 2015	[SEALED] ANSWERING BRIEF in Opposition re 74 MOTION for Summary Judgment Defendants' Supplemental Brief in Further Support of Their Opposition to Class Certification and in Support of Their Motion for Summary Judgment filed by Carl C. Danberg, Cathy Escherich, Rebecca McBride.Reply Brief due date per Local Rules is 7/13/2015. (Attachments: # 1 Exhibit, # 2 Certificate of Service)(McTaggart, Michael) (Entered: 07/02/2015)	PACER
86	July 2, 2015	REDACTED VERSION of 85 Answering Brief in Opposition, Defendants' Supplemental Brief in Further Support of Their Opposition to Class Certification and in Support of Their Motion for Summary Judgment − Redacted in Its Entirety by Carl C. Danberg, Cathy Escherich, Rebecca McBride. (Attachments: # 1 Exhibit, # 2 Certificate of Service)(McTaggart, Michael) (Entered: 07/02/2015)	PACER
	July 2, 2015	CORRECTING ENTRY: item filed as D.I. 86 deleted per counsel's request on 7/2/2015. Counsel to re−file corrected document. (rpg) (Entered: 07/02/2015)	PACER
	July 20, 2015	Minute Entry for proceedings held before Judge Leonard P. Stark − Telephone Conference held on 7/20/2015. (Court Reporter Stacy Ingram (Hawkins Rptg.)) (ntl) (Entered: 07/20/2015)	PACER
87	July 24, 2015	PROPOSED ORDER Regarding Legal Issues Raised at Court's July 20, 2015 Teleconference re Telephone Conference by Lamar Correa, James Maddox, Joseph Roundtree, Philip A. Wharton. (Hampton, Stephen) (Entered: 07/24/2015)	PACER
88	July 28, 2015	ORDER Regarding Legal Issues Raised at Court's July 20, 2015 Teleconference. Signed by Judge Leonard P. Stark on 7/28/15. (ntl) (Entered: 07/28/2015)	PACER

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Case Details

State / Territory:

Delaware

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 1, 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Four former prisoners of the Delaware Department of Corrections who suffered overdetention and filed suit on behalf of themselves and a class of individuals who were or would be overdetained.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

State

Delaware

Delaware Department of Corrections

Defendant Type(s):

Corrections