Case: Jarboe v. Maryland Department of Public Safety and Correctional Services

1:12-cv-00572 | U.S. District Court for the District of Maryland

Filed Date: Feb. 23, 2012

Closed Date: Dec. 13, 2017

Clearinghouse coding complete

Case Summary

On February 23, 2012, five Maryland state prisoners who are deaf filed a class-action lawsuit in the United States District Court for the District of Maryland against the Maryland Department of Public Safety and Correctional Services (MDPSCS) and other state entities under 42 U.S.C. § 1983. Represented by private counsel, the U.S. Department of Justice, and the Washington Lawyers Committee for Civil Rights and Urban Affairs, plaintiffs alleged violations of the Americans with Disabilities Act, the Rehabilitation Act, and the right to free speech guaranteed by the First Amendment. Specifically, the plaintiffs alleged that the defendants refused to provide the proper interpretive services, videophones, and other hearing devices. Plaintiffs sought injunctive relief and damages.

On March 13, 2013, Judge Ellen Hollander issued an opinion and an order denying the defendants' motion to dismiss or for summary judgment. Judge Hollander also denied the defendants' motion to dismiss for failure to exhaust administrative remedies. Jarboe v. Maryland Dep't of Pub. Safety & Corr. Servs., 2013 WL 1010357 (D. Md. Mar. 13, 2013).

The parties entered into settlement talks and subsequently reached a tentative agreement. The settlement agreement was not filed with the court, nor was a class certified. The terms of the settlement agreement included requiring MDPSCS to adopt a non-discrimination policy based on disability to ensure that hearing-impaired individuals have as equal an opportunity to participate in services, programs, and activities as other individuals similarly situated. In addition, MDPSCS designated an ADA Coordinator responsible for identifying hearing-impaired individuals in MDPSCS facilities and ensuring that they have access to auxiliary aids and services. Under the settlement agreement, MDPSCS was also required to implement intake procedures that protect the ability of hearing-impaired individuals to effectively communicate, set up visual alert notifications in facilities, and provide telecommunication devices (including teletypewriters (TTYs), videophones, etc.). MDPSCS reserved the right to restrain the hands of hearing-impaired individuals but agreed to consider alternatives that would allow individuals to effectively communicate. Finally, MDPSCS also agreed to institute new training policies for staff and notify all hearing-impaired individuals in MDPSCS of its obligations within 30 days of signing the agreement. Terms included payment of $142,500 in attorneys fees and costs to plaintiffs. On February 20, 2015, Judge Hollander dismissed the case without prejudice with the provision that the parties retained a right to reopen the case within a 90-day period. The 90-day period was significant as many of the terms of the settlement agreement required MDPSCS to take action within 30 days. No motion was filed within 90 days. The case was then closed.

In October 2015, an individual at a Maryland prison who believed they were similarly situated to the plaintiffs in the case requested that the court reopen the case so they could proceed independently, rather than as a party bound by the Settlement Agreement. Their request was denied in an order by Judge Hollander in August 2016.

The issue was brought on appeal to the U.S. Court of Appeals for the Fourth Circuit in January 2017 (docket no. 17-1131), but was dismissed for lack of jurisdiction because the notice of appeal was not timely filed in July 2017 in an unpublished opinion by Judge James Andrew Wynn, Judge Allyson K. Duncan, and Senior Judge Clyde H. Hamilton. The court also denied the appellant's motion for rehearing, filed in September 2017, as untimely.

The request was filed on appeal with the U.S. Court of Appeals for the Fourth Circuit in October 2017 (docket no. 17-7358). The appeal was dismissed on February 6, 2018, due to the plaintiff’s failure to satisfy informal briefing and the Prison Litigation Reform Act (PLRA) requirements. The case is now closed.

Summary Authors

Jessica Kincaid (3/15/2015)

Hannah Juge (6/17/2022)

Amanda Gao (11/23/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5041548/parties/jarboe-v-maryland-department-of-public-safety-and-correctional-services/

Attorney for Plaintiff

Champaign, Lauren Ashley (Maryland)

Edmondson, Joseph Dowell (Maryland)

Attorney for Defendant

Carter, Jessica Veree (Maryland)

Gatewood, Nichole Cherie (Maryland)

General, Jessica B. (Maryland)

Attorney for Plaintiff

Champaign, Lauren Ashley (Maryland)

Edmondson, Joseph Dowell (Maryland)

Golden, Deborah M. (Maryland)

Koenig, Bruce Wayne (Maryland)

Attorney for Defendant

Carter, Jessica Veree (Maryland)

Gatewood, Nichole Cherie (Maryland)

General, Jessica B. (Maryland)

Gordon, Rex Schultz (Maryland)

Lord, Christopher Bowie (Maryland)

Meloy, Dorianne Avery (Maryland)

Retired, Stephanie Judith (Maryland)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1:12-cv-00572	Docket	March 9, 2015	March 9, 2015 Docket
1 1:12-cv-00572	Class Action Complaint	Feb. 22, 2012	Feb. 22, 2012 Complaint
49 1:12-cv-00572	Memorandum Opinion	March 13, 2013	March 13, 2013 Order/Opinion 2013 WL 1010357
50 1:12-cv-00572	Order	March 13, 2013	March 13, 2013 Order/Opinion
1:12-cv-00572	Settlement Agreement No Court	Feb. 20, 2015	Feb. 20, 2015 Settlement Agreement
13 17-01131	[Untitled] Jarboe et al. v. Maryland Department of Public Safety and Correctional Services (DPSCS) et al. U.S. Court of Appeals for the Fourth Circuit	July 24, 2017	July 24, 2017 Order/Opinion 693 Fed.Appx. 227
18 17-01131	Order Jarboe et al. v. Maryland Department of Public Safety and Correctional Services (DPSCS) et al. U.S. Court of Appeals for the Fourth Circuit	Sept. 8, 2017	Sept. 8, 2017 Order/Opinion
114 1:12-cv-00572	Memorandum Jarboe v. Maryland. Department of Public Safety and Correctional Services	Sept. 27, 2017	Sept. 27, 2017 Order/Opinion
11 17-07358	Order Koenig v. Warden U.S. Court of Appeals for the Fourth Circuit	Feb. 6, 2018	Feb. 6, 2018 Order/Opinion

show / hide documents

Resources

Resources related to this case
Title	Description		External URL Date / External URL
White Paper: Effective Communication with Deaf, Hard of Hearing, Blind, and Low Vision Incarcerated People Tessa Bialek and Margo Schlanger	This version of the white paper is screen readable. A large print (but not screen readable) version of the white paper is available here…	July 2022	July 7, 2022

show / hide resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5041548/jarboe-v-maryland-department-of-public-safety-and-correctional-services/

Last updated March 30, 2026, 4:33 a.m.

ECF Number	Date	Description	Link
1	Feb. 23, 2012	COMPLAINT against Dayena Corcoran, Paulette Francois, Maryland Correctional Enterprises, Maryland Correctional Institution, Jessup (MCIJ), Maryland Department of Labor, Licensing and Regulation, Division of Workforce Development and Adult Learning (Correctional Education), Maryland Department of Public Safety and Correctional Services (DPSCS), Maryland Division of Corrections, Gary D. Maynard, J. Philip Morgan, Stephen M. Shiloh, J. Micheal Stouffer, Western Correctional Institution (WCI) (Filing fee $ 350 receipt number 84637018669.) filed by Gary Denmark, Christopher Jarboe, Carroll Connelly, Garfield Redd, Vander Davis. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(rss, Deputy Clerk) (Entered: 02/24/2012)	Clearinghouse
	Feb. 23, 2012	Jury Trial Demand by Carroll Connelly, Vander Davis, Gary Denmark, Christopher Jarboe, Garfield Redd. (rss, Deputy Clerk)
2	Feb. 24, 2012	Summons Issued 21 days as to Dayena Corcoran, Paulette Francois, Maryland Correctional Enterprises, Maryland Correctional Institution, Jessup (MCIJ), Maryland Department of Labor, Licensing and Regulation, Division of Workforce Development and Adult Learning (Correctional Education), Maryland Department of Public Safety and Correctional Services (DPSCS), Maryland Division of Corrections, Gary D. Maynard, J. Philip Morgan, Stephen M. Shiloh, J. Micheal Stouffer, Western Correctional Institution (WCI). (rss, Deputy Clerk) (Entered: 02/24/2012)	RECAP
3	March 7, 2012	NOTICE of Appearance by Ivy Ann Finkenstadt on behalf of All Plaintiffs (Finkenstadt, Ivy) (Entered: 03/07/2012)	RECAP
4	March 15, 2012	NOTICE of Appearance by M Willis Gunther on behalf of Paulette Francois, Maryland Department of Labor, Licensing and Regulation, Division of Workforce Development and Adult Learning (Correctional Education) (Gunther, M) (Entered: 03/15/2012)	RECAP
5	March 15, 2012	MOTION for Extension of Time by Paulette Francois, Maryland Department of Labor, Licensing and Regulation, Division of Workforce Development and Adult Learning (Correctional Education) Responses due by 4/2/2012 (Attachments: # 1 Text of Proposed Order)(Gunther, M) (Entered: 03/15/2012)	RECAP
6	March 15, 2012	ORDER granting 5 Motion for Extension of Time. Signed by Judge Ellen L. Hollander on 3/15/12. (bmhs, Deputy Clerk) (Entered: 03/16/2012)	RECAP
7	March 21, 2012	NOTICE of Appearance by Rex Schultz Gordon on behalf of Dayena Corcoran, Maryland Correctional Institution, Jessup (MCIJ), Maryland Department of Public Safety and Correctional Services (DPSCS), Maryland Division of Corrections, Gary D. Maynard, J. Philip Morgan, J. Micheal Stouffer, Western Correctional Institution (WCI) (Gordon, Rex) (Entered: 03/21/2012)	RECAP
8	March 21, 2012	MOTION for Extension of Time to File Response/Reply to and including April 23, 2012 by Dayena Corcoran, Maryland Correctional Institution, Jessup (MCIJ), Maryland Department of Public Safety and Correctional Services (DPSCS), Maryland Division of Corrections, Gary D. Maynard, J. Philip Morgan, J. Micheal Stouffer, Western Correctional Institution (WCI). Responses due by 4/9/2012 (Attachments: # 1 Text of Proposed Order)(Gordon, Rex) (Entered: 03/21/2012)	RECAP
9	March 21, 2012	ORDER denying 8 Motion for Extension of Time. Signed by Judge Ellen L. Hollander on 3/21/12. (bmhs, Deputy Clerk) (Entered: 03/21/2012)	RECAP
10	March 21, 2012	MOTION for Extension of Time to File Response/Reply to and including April 23, 2012 by Dayena Corcoran, Maryland Correctional Institution, Jessup (MCIJ), Maryland Department of Public Safety and Correctional Services (DPSCS), Maryland Division of Corrections, Gary D. Maynard, J. Philip Morgan, J. Micheal Stouffer, Western Correctional Institution (WCI). Responses due by 4/9/2012 (Attachments: # 1 Text of Proposed Order)(Gordon, Rex) (Entered: 03/21/2012)	RECAP
11	March 21, 2012	ORDER granting 10 Defendants' Motion for Extension of Time to 4/23/12. Signed by Judge Ellen L. Hollander on 3/21/12. (jmk, Deputy Clerk)(c/m 3/22/12) (Entered: 03/22/2012)	RECAP
12	April 19, 2012	SUMMONS Returned Executed by Gary Denmark, Christopher Jarboe, Carroll Connelly, Vander Davis. Paulette Francois served on 3/1/2012, answer due 3/22/2012. (Edmondson, Joseph) (Entered: 04/19/2012)	RECAP
13	April 19, 2012	SUMMONS Returned Executed by Gary Denmark, Christopher Jarboe, Carroll Connelly, Vander Davis. Dayena Corcoran served on 2/29/2012, answer due 3/21/2012. (Edmondson, Joseph) (Entered: 04/19/2012)	RECAP
14	April 19, 2012	SUMMONS Returned Executed by Gary Denmark, Christopher Jarboe, Carroll Connelly, Vander Davis. J. Micheal Stouffer served on 3/1/2012, answer due 3/22/2012. (Edmondson, Joseph) (Entered: 04/19/2012)	RECAP
15	April 19, 2012	SUMMONS Returned Executed by Gary Denmark, Christopher Jarboe, Carroll Connelly, Vander Davis. Gary D. Maynard served on 3/1/2012, answer due 3/22/2012. (Edmondson, Joseph) (Entered: 04/19/2012)	RECAP
16	April 19, 2012	SUMMONS Returned Executed by Gary Denmark, Christopher Jarboe, Carroll Connelly, Vander Davis. J. Philip Morgan served on 3/1/2012, answer due 3/22/2012. (Edmondson, Joseph) (Entered: 04/19/2012)	RECAP
17	April 19, 2012	SUMMONS Returned Executed by Gary Denmark, Christopher Jarboe, Carroll Connelly, Vander Davis. Maryland Correctional Institution, Jessup (MCIJ) served on 2/29/2012, answer due 3/21/2012. (Edmondson, Joseph) (Entered: 04/19/2012)	RECAP
18	April 19, 2012	SUMMONS Returned Executed by Gary Denmark, Christopher Jarboe, Carroll Connelly, Vander Davis. Maryland Correctional Enterprises served on 2/29/2012, answer due 3/21/2012. (Edmondson, Joseph) (Entered: 04/19/2012)	RECAP
19	April 19, 2012	SUMMONS Returned Executed by Gary Denmark, Christopher Jarboe, Carroll Connelly, Vander Davis. Maryland Department of Labor, Licensing and Regulation, Division of Workforce Development and Adult Learning (Correctional Education) served on 3/1/2012, answer due 3/22/2012. (Edmondson, Joseph) (Entered: 04/19/2012)	RECAP
20	April 19, 2012	SUMMONS Returned Executed by Gary Denmark, Christopher Jarboe, Carroll Connelly, Vander Davis. Maryland Department of Public Safety and Correctional Services (DPSCS) served on 3/1/2012, answer due 3/22/2012. (Edmondson, Joseph) (Entered: 04/19/2012)	RECAP
21	April 19, 2012	SUMMONS Returned Executed by Gary Denmark, Christopher Jarboe, Carroll Connelly, Vander Davis. Maryland Division of Corrections served on 3/1/2012, answer due 3/22/2012. (Edmondson, Joseph) (Entered: 04/19/2012)	RECAP
22	April 19, 2012	SUMMONS Returned Executed by Gary Denmark, Christopher Jarboe, Carroll Connelly, Vander Davis. Western Correctional Institution (WCI) served on 3/6/2012, answer due 3/27/2012. (Edmondson, Joseph) (Entered: 04/19/2012)	RECAP
23	April 19, 2012	SUMMONS Returned Executed by Gary Denmark, Christopher Jarboe, Carroll Connelly, Vander Davis. Stephen M. Shiloh served on 2/29/2012, answer due 3/21/2012. (Edmondson, Joseph) (Entered: 04/19/2012)	RECAP
24	April 23, 2012	MOTION for Extension of Time to File Response/Reply to and including May 18, 2012 by Dayena Corcoran, Maryland Correctional Institution, Jessup (MCIJ), Maryland Department of Public Safety and Correctional Services (DPSCS), Maryland Division of Corrections, Gary D. Maynard, J. Philip Morgan, J. Micheal Stouffer, Western Correctional Institution (WCI). Responses due by 5/10/2012 (Attachments: # 1 Text of Proposed Order)(Gordon, Rex) (Entered: 04/23/2012)	RECAP
25	April 23, 2012	MOTION to Dismiss for Failure to State a Claim or in the alternative, MOTION for Summary Judgment by Paulette Francois, Maryland Department of Labor, Licensing and Regulation, Division of Workforce Development and Adult Learning (Correctional Education) Responses due by 5/10/2012 (Attachments: # 1 Supplement Memorandum in Support, # 2 Affidavit Paulette Francois, # 3 Affidavit Alice Wirth)(Gunther, M) (Entered: 04/23/2012)	RECAP
26	April 23, 2012	ORDER granting 24 Motion for Extension of Time. Signed by Judge Ellen L. Hollander on 4/23/12. (bmhs, Deputy Clerk) (Entered: 04/24/2012)	RECAP
27	May 4, 2012	Consent MOTION for Extension of Time to File Response/Reply as to 25 MOTION to Dismiss for Failure to State a Claim or in the alternative MOTION for Summary Judgment to and including May 21, 2012 by Carroll Connelly, Vander Davis, Gary Denmark, Christopher Jarboe, Garfield Redd. Responses due by 5/21/2012 (Attachments: # 1 Text of Proposed Order)(Edmondson, Joseph) (Entered: 05/04/2012)	RECAP
28	May 4, 2012	ORDER granting 27 Consent Motion for Extension of Time to File Response re 25 MOTION to Dismiss for Failure to State a Claim or in the alternative MOTION for Summary Judgment; Responses due by 5/21/2012. Signed by Judge Ellen L. Hollander on 5/4/12. (Hollander, Ellen) (Entered: 05/04/2012)	RECAP
29	May 8, 2012	MOTION to Dismiss for Failure to Exhaust Administrative Remedies by Dayena Corcoran, Maryland Correctional Institution, Jessup (MCIJ), Maryland Department of Public Safety and Correctional Services (DPSCS), Maryland Division of Corrections, Gary D. Maynard, J. Philip Morgan, J. Micheal Stouffer, Western Correctional Institution (WCI) Responses due by 5/25/2012 (Attachments: # 1 Memorandum in Support, # 2 Exhibit A Declaration of SGT Selma Fulgham with documents attached, # 3 Exhibit B Declaration of Scott S. Oakley)(Gordon, Rex) (Entered: 05/08/2012)	RECAP
30	May 21, 2012	RESPONSE in Opposition re 25 MOTION to Dismiss for Failure to State a Claim or in the alternative MOTION for Summary Judgment filed by Carroll Connelly, Vander Davis, Gary Denmark, Christopher Jarboe, Garfield Redd. Replies due by 6/7/2012. (Attachments: # 1 Affidavit Rule 56(d) Affidavit of Joseph D. Edmondson, Jr., # 2 Exhibit DLLR Website Page, # 3 Exhibit DLLR Website Page, # 4 Exhibit DLLR Website Page, # 5 Text of Proposed Order)(Edmondson, Joseph) (Entered: 05/21/2012)	RECAP
31	May 22, 2012	ORDER to Counsel. Signed by Judge Ellen L. Hollander on 5/22/12. (bmhs, Deputy Clerk) (Entered: 05/22/2012)	RECAP
32	May 23, 2012	NOTICE of Appearance by Rex Schultz Gordon on behalf of Maryland Correctional Enterprises, Stephen M. Shiloh (Gordon, Rex) (Entered: 05/23/2012)	RECAP
33	May 23, 2012	Correspondence re: Joining of Maryland Correctional Enterprises and Stephen M. Shiloh to Document 29 filed on May 8, 2012 (Gordon, Rex) (Entered: 05/23/2012)	RECAP
34	May 23, 2012	Consent MOTION for Extension of Time to File Response/Reply as to 29 MOTION to Dismiss for Failure to Exhaust Administrative Remedies by Carroll Connelly, Vander Davis, Gary Denmark, Christopher Jarboe, Garfield Redd. Responses due by 6/11/2012 (Attachments: # 1 Text of Proposed Order)(Edmondson, Joseph) (Entered: 05/23/2012)	RECAP
35	May 23, 2012	ORDER granting 34 Motion for Enlargement of Time for Plaintiffs to Respond to Motion to Dismiss Filed by Maryland Department of Public Safety and Correctional Services, et al. Signed by Judge Ellen L. Hollander on 5/23/12. (bmhs, Deputy Clerk) (Entered: 05/23/2012)	RECAP
36	June 1, 2012	Correspondence re: Status of Defendants Maryland Correctional Enterprises and Shiloh (Edmondson, Joseph) (Entered: 06/01/2012)	RECAP
37	June 4, 2012	REPLY to Response to Motion re 25 MOTION to Dismiss for Failure to State a Claim or in the alternative MOTION for Summary Judgment filed by Paulette Francois, Maryland Department of Labor, Licensing and Regulation, Division of Workforce Development and Adult Learning (Correctional Education). (Gunther, M) (Entered: 06/04/2012)	RECAP
38	June 4, 2012	RESPONSE in Opposition re 29 MOTION to Dismiss for Failure to Exhaust Administrative Remedies filed by Carroll Connelly, Vander Davis, Gary Denmark, Christopher Jarboe, Garfield Redd. Replies due by 6/21/2012. (Edmondson, Joseph) (Entered: 06/04/2012)	RECAP
39	June 19, 2012	Consent MOTION for Extension of Time to File Response/Reply re 38 to and including June 25, 2012 by Dayena Corcoran, Maryland Correctional Enterprises, Maryland Correctional Institution, Jessup (MCIJ), Maryland Department of Public Safety and Correctional Services (DPSCS), Maryland Division of Corrections, Gary D. Maynard, J. Philip Morgan, Stephen M. Shiloh, J. Micheal Stouffer, Western Correctional Institution (WCI). Responses due by 7/6/2012 (Attachments: # 1 Text of Proposed Order)(Gordon, Rex) (Entered: 06/19/2012)	RECAP
40	June 19, 2012	ORDER granting 39 Motion for Extension of Time. Signed by Judge Ellen L. Hollander on 6/19/12. (bmhs, Deputy Clerk) (Entered: 06/20/2012)	RECAP
41	June 25, 2012	(FILED IN ERROR) RESPONSE re 38 Response in Opposition to Motion, Defendants' Response to Plaintiffs' Opposition to Defendants' Motion to Dismiss for Failure to Exhaust Administrative Remedies filed by Dayena Corcoran, Maryland Correctional Enterprises, Maryland Correctional Institution, Jessup (MCIJ), Maryland Department of Public Safety and Correctional Services (DPSCS), Maryland Division of Corrections, Gary D. Maynard, J. Philip Morgan, Stephen M. Shiloh, J. Micheal Stouffer, Western Correctional Institution (WCI). (Gordon, Rex) Modified on 6/28/2012 (bmhs, Deputy Clerk). (Entered: 06/25/2012)	RECAP
42	June 28, 2012	QC NOTICE: 41 Response filed by J. Philip Morgan, Maryland Correctional Enterprises, Dayena Corcoran, Maryland Department of Public Safety and Correctional Services (DPSCS), J. Micheal Stouffer, Maryland Division of Corrections, Maryland Correctional Institution, Jessup (MCIJ), Stephen M. Shiloh, Western Correctional Institution (WCI), Gary D. Maynard was filed incorrectly. **Please refile this document under category "Responses and Replies" using the event "Reply to Response to Motion". It has been noted as FILED IN ERROR, and the document link has been disabled. (bmhs, Deputy Clerk) (Entered: 06/28/2012)	RECAP
43	June 28, 2012	REPLY to Response to Motion re 29 MOTION to Dismiss for Failure to Exhaust Administrative Remedies Defendants' Response to Plaintiffs; Opposition to Defendants' Motion to Dismiss for Failure to Exhaust Administrative Remedies filed by Dayena Corcoran, Maryland Correctional Enterprises, Maryland Correctional Institution, Jessup (MCIJ), Maryland Department of Public Safety and Correctional Services (DPSCS), Maryland Division of Corrections, Gary D. Maynard, J. Philip Morgan, Stephen M. Shiloh, J. Micheal Stouffer, Western Correctional Institution (WCI). (Gordon, Rex) (Entered: 06/28/2012)	RECAP
44	Sept. 27, 2012	NOTICE by Carroll Connelly, Vander Davis, Gary Denmark, Christopher Jarboe, Garfield Redd of Attorney Withdrawal (Finkenstadt, Ivy) (Entered: 09/27/2012)	RECAP
45	Sept. 27, 2012	NOTICE of Appearance by Elizabeth Elaine Gardner on behalf of Christopher Jarboe (Gardner, Elizabeth) (Entered: 09/27/2012)	RECAP
46	Sept. 27, 2012	ORDER withdrawing Ivy Finkenstadt as counsel for Plaintiffs Jarboe, Connelly, Davis, Denmark and Redd. Signed by Judge Ellen L. Hollander on 9/27/12. (bmhs, Deputy Clerk) (Entered: 09/28/2012)	RECAP
47	Feb. 15, 2013	NOTICE to Substitute Attorney Megan Whyte (Gardner, Elizabeth) (Entered: 02/15/2013)	RECAP
48	Feb. 19, 2013	NOTICE of Appearance by Megan Kathleen Whyte on behalf of Christopher Jarboe (Whyte, Megan) (Entered: 02/19/2013)	RECAP
49	March 13, 2013	MEMORANDUM OPINION. Signed by Judge Ellen L. Hollander on 3/13/13. (bmhs, Deputy Clerk) (Entered: 03/13/2013)	Clearinghouse
50	March 13, 2013	ORDER denying 25 Motion to Dismiss or, In the Alternative, for Summary Judgment; and denying 29 Motion to Dismiss for Failure to Exhause Administrative Remedies;. Signed by Judge Ellen L. Hollander on 3/13/13. (bmhs, Deputy Clerk) (Entered: 03/13/2013)	Clearinghouse
51	March 18, 2013	MEMORANDUM to Counsel. Signed by Judge Ellen L. Hollander on 3/18/13. (bmhs, Deputy Clerk) (Entered: 03/18/2013)	RECAP
52	March 27, 2013	ANSWER to 1 Complaint,, by Paulette Francois, Maryland Department of Labor, Licensing and Regulation, Division of Workforce Development and Adult Learning (Correctional Education).(Gunther, M) (Entered: 03/27/2013)	RECAP
53	March 27, 2013	ANSWER to 1 Complaint,, by Dayena Corcoran, Maryland Correctional Enterprises, Maryland Correctional Institution, Jessup (MCIJ), Maryland Department of Public Safety and Correctional Services (DPSCS), Maryland Division of Corrections, Gary D. Maynard, J. Philip Morgan, Stephen M. Shiloh, J. Micheal Stouffer, Western Correctional Institution (WCI).(Gordon, Rex) (Entered: 03/27/2013)	RECAP
54	April 12, 2013	SCHEDULING ORDER: Status Report due by 11/12/2013. Signed by Judge Ellen L. Hollander on 4/12/13. (Attachments: # 1 Standing Memorandum to Counsel Concerning Discovery)(bmhs, Deputy Clerk) (Entered: 04/15/2013)	RECAP
	April 12, 2013	Telephone Status Conference held on 4/12/2013 before Judge Ellen L. Hollander. (bmhs, Deputy Clerk)
55	April 15, 2013	ORDER REFERRING CASE to Magistrate Judge Stephanie A Gallagher for Settlement. Signed by Judge Ellen L. Hollander on 4/15/13 (cags, Deputy Clerk) (Entered: 04/15/2013)	RECAP
56	April 16, 2013	ORDER Scheduling Settlement Conference. Signed by Magistrate Judge Stephanie A Gallagher on 4/16/13. (bmhs, Deputy Clerk) (Entered: 04/17/2013)	RECAP
57	May 9, 2013	PAPERLESS ORDER NOTIFYING Counsel that, as requested, the settlement conference previously set for June 14, 2013 has been RESCHEDULED to Wednesday, July 10, 2013 at 9:30 a.m. Ex parte letters are now due Wednesday, June 26, 2013. Counsel are advised to follow the instructions as set forth in the original Order Scheduling Settlement dated April 16, 2013. Signed by Magistrate Judge Stephanie A Gallagher on 5/9/13. (vals, Chambers) (Entered: 05/09/2013)	RECAP
58	May 13, 2013	MOTION to Amend/Correct 54 Scheduling Order to Extend Time for Conference Regarding Electronically Stored Information by Carroll Connelly, Vander Davis, Gary Denmark, Christopher Jarboe Responses due by 5/31/2013 (Attachments: # 1 Text of Proposed Order)(Edmondson, Joseph) (Entered: 05/13/2013)	RECAP
59	May 13, 2013	ORDER granting 58 Plaintiffs' Motion to Revise Scheduling Order to Extend Time for Conference Regarding Electronically Stored Information. Signed by Judge Ellen L. Hollander on 5/13/13. (bmhs, Deputy Clerk) (Entered: 05/14/2013)	RECAP
60	June 14, 2013	NOTICE of Appearance by Deborah M Golden on behalf of Christopher Jarboe (Golden, Deborah) (Entered: 06/14/2013)	RECAP
61	June 20, 2013	NOTICE of Appearance by Lauren Champaign on behalf of All Plaintiffs (Champaign, Lauren) (Entered: 06/20/2013)	RECAP
62	July 8, 2013	PAPERLESS ORDER NOTIFYING Counsel that the settlement conference previously set for July 10, 2013 has been RESCHEDULED to Monday, September 16, 2013 at 9:30 a.m. Ex parte letters or any supplements are due Tuesday, September 03, 2013. Counsel are advised to follow the instructions as set forth in the original Order Scheduling Settlement dated April 16, 2013. Signed by Magistrate Judge Stephanie A Gallagher on 7/8/13. (vals, Chambers) (Entered: 07/08/2013)	RECAP
63	July 31, 2013	MOTION for Writ of Habeas Corpus ad testificandum by Carroll Connelly, Vander Davis, Gary Denmark, Christopher Jarboe, Garfield Redd Responses due by 8/19/2013 (Attachments: # 1 Text of Proposed Writ, # 2 Text of Proposed Writ)(Champaign, Lauren) (Entered: 07/31/2013)	RECAP
64	Aug. 5, 2013	WRIT of Habeas Corpus ad testificandum issued (jnls, Deputy Clerk) (Entered: 08/05/2013)	RECAP
65	Aug. 5, 2013	WRIT of Habeas Corpus ad testificandum issued (jnls, Deputy Clerk) (Entered: 08/05/2013)	RECAP
66	Aug. 19, 2013	Corrected MOTION for Writ of Habeas Corpus ad testificandum by Vander Davis, Gary Denmark, Christopher Jarboe Responses due by 9/6/2013 (Attachments: # 1 Text of Proposed Order, # 2 Text of Proposed Order, # 3 Text of Proposed Order)(Champaign, Lauren) (Entered: 08/19/2013)	RECAP
68	Sept. 3, 2013	MOTION for Extension of Time to File Ex Parte Letters to and including September 6, 2013 by Dayena Corcoran, Maryland Correctional Institution, Jessup (MCIJ), Maryland Department of Public Safety and Correctional Services (DPSCS), Maryland Division of Corrections, Gary D. Maynard, J. Philip Morgan, J. Micheal Stouffer, Western Correctional Institution (WCI) Responses due by 9/20/2013 (Attachments: # 1 Text of Proposed Order)(Gordon, Rex) (Entered: 09/03/2013)	RECAP
69	Sept. 3, 2013	PAPERLESS ORDER granting 68 Consent Motion for Extension of Time. Signed by Magistrate Judge Stephanie A Gallagher on 9/3/13. (vals, Chambers) (Entered: 09/03/2013)	RECAP
	Sept. 9, 2013	Telephone Conference held on 9/9/2013 before Magistrate Judge Stephanie A Gallagher. (bmhs, Deputy Clerk)
	Sept. 16, 2013	Settlement Conference held on 9/16/2013 before Magistrate Judge Stephanie A Gallagher. (bmhs, Deputy Clerk)
70	Sept. 24, 2013	PAPERLESS ORDER CONFIRMING that a second settlement conference has been set for December 2, 2013 at 9:30 a.m. Counsel may submit, if necessary, brief supplemental ex parte letters by November 18, 2013. Signed by Magistrate Judge Stephanie A Gallagher on 9/24/13. (vals, Chambers) (Entered: 09/24/2013)	RECAP
71	Sept. 27, 2013	Consent MOTION to Stay Scheduling Order Deadlines by Dayena Corcoran, Maryland Correctional Institution, Jessup (MCIJ), Maryland Department of Public Safety and Correctional Services (DPSCS), Maryland Division of Corrections, Gary D. Maynard, J. Philip Morgan, J. Micheal Stouffer, Western Correctional Institution (WCI) Responses due by 10/15/2013 (Gordon, Rex) (Entered: 09/27/2013)	RECAP
72	Sept. 27, 2013	ORDER approving 71 Motion to Stay Scheduling Order Deadlines. Signed by Judge Ellen L. Hollander on 9/27/13. (apls, Deputy Clerk) (Entered: 09/30/2013)	RECAP
73	Dec. 2, 2013	ORDER to Counsel. Signed by Judge Ellen L. Hollander on 12/3/13. (bmhs, Deputy Clerk) (Entered: 12/04/2013)	RECAP
	Dec. 2, 2013	Second Settlement Conference held on 12/2/2013 before Magistrate Judge Stephanie A Gallagher. (bmhs, Deputy Clerk)
74	Dec. 12, 2013	Correspondence re: Joint Proposed Modified Scheduling Order (Champaign, Lauren) (Entered: 12/12/2013)	RECAP
75	Dec. 13, 2013	MOTION for Extension of Time to submit a status report to Tuesday, December 17, 2013 by Dayena Corcoran, Maryland Correctional Institution, Jessup (MCIJ), Maryland Department of Public Safety and Correctional Services (DPSCS), Maryland Division of Corrections, Gary D. Maynard, J. Philip Morgan, J. Micheal Stouffer, Western Correctional Institution (WCI) Responses due by 12/30/2013 (Gordon, Rex) (Entered: 12/13/2013)	RECAP
76	Dec. 13, 2013	MARGINAL ORDER granting 75 Motion for Extension of Time. Signed by Judge Ellen L. Hollander on 12/13/13. (bmhs, Deputy Clerk) (Entered: 12/13/2013)	RECAP
77	Dec. 17, 2013	MODIFIED SCHEDULING ORDER: Status Report due by 4/12/2014. Signed by Judge Ellen L. Hollander on 12/17/13. (bmhs, Deputy Clerk) (Entered: 12/17/2013)	RECAP
78	March 19, 2014	NOTICE of Appearance by Dorianne Avery Meloy on behalf of Dayena Corcoran, Maryland Correctional Enterprises, Maryland Correctional Institution, Jessup (MCIJ), Maryland Department of Public Safety and Correctional Services (DPSCS), Maryland Division of Corrections, Gary D. Maynard, J. Philip Morgan, Stephen M. Shiloh, J. Micheal Stouffer, Western Correctional Institution (WCI) (Meloy, Dorianne) (Entered: 03/19/2014)	RECAP
79	March 19, 2014	MOTION for Extension of Time to Complete Discovery Consent Motion to Modify Scheduling Order by Dayena Corcoran, Maryland Correctional Enterprises, Maryland Correctional Institution, Jessup (MCIJ), Maryland Department of Public Safety and Correctional Services (DPSCS), Maryland Division of Corrections, Gary D. Maynard, J. Philip Morgan, Stephen M. Shiloh, J. Micheal Stouffer, Western Correctional Institution (WCI) Responses due by 4/7/2014 (Attachments: # 1 Text of Proposed Order)(Meloy, Dorianne) (Entered: 03/19/2014)	RECAP
80	March 19, 2014	Modified Scheduling Order. Signed by Judge Ellen L. Hollander on 3/19/14. (bmhs, Deputy Clerk) (Entered: 03/19/2014)	RECAP
81	April 14, 2014	PAPERLESS ORDER CONFIRMING that a third settlement conference has been scheduled for May 28, 2014 at 9:30 a.m. in room 8C. Counsel may submit by May 14, 2014, brief supplemental ex parte letters. Signed by Magistrate Judge Stephanie A Gallagher on 4/14/14. (vals, Chambers) (Entered: 04/14/2014)	RECAP
82	April 18, 2014	Joint MOTION to Stay Discovery and Scheduling Order Deadlines by Maryland Correctional Enterprises, Maryland Correctional Institution, Jessup (MCIJ), Maryland Department of Public Safety and Correctional Services (DPSCS), Maryland Division of Corrections, Gary D. Maynard, J. Philip Morgan, Stephen M. Shiloh, J. Micheal Stouffer, Western Correctional Institution (WCI) Responses due by 5/5/2014 (Lane Weber, Stephanie) (Entered: 04/18/2014)	RECAP
83	April 18, 2014	MARGINAL ORDER approving 82 Joint Motion to Stay Discovery and Scheduling Order Deadlines. Signed by Judge Ellen L. Hollander on 4/18/14. (bmhs, Deputy Clerk) (Entered: 04/21/2014)	RECAP
84	May 22, 2014	NOTICE of Appearance by Christopher Bowie Lord on behalf of Maryland Department of Labor, Licensing and Regulation, Division of Workforce Development and Adult Learning (Correctional Education) (Lord, Christopher) (Entered: 05/22/2014)	RECAP
	May 27, 2014	Telephone Conference held on 5/27/2014 before Magistrate Judge Stephanie A Gallagher. (bmhs, Deputy Clerk)
	May 28, 2014	Settlement Conference held on 5/28/2014 before Magistrate Judge Stephanie A Gallagher. (bmhs, Deputy Clerk)
85	May 29, 2014	PAPERLESS ORDER CONFIRMING that a follow up settlement conference has been scheduled for June 10, 2014 at 9:30 a.m. in room 8C, and that a conference call has been set for June 4, 2014 at 1:00 p.m. I ask that Plaintiffs' counsel please initiate the call. Signed by Magistrate Judge Stephanie A Gallagher on 5/29/14. (vals, Chambers) (Entered: 05/29/2014)	RECAP
	June 4, 2014	Telephone Conference held on 6/4/2014 before Magistrate Judge Stephanie A Gallagher. (bmhs, Deputy Clerk)
	June 10, 2014	Settlement Conference held on 6/10/2014 before Magistrate Judge Stephanie A Gallagher. (bmhs, Deputy Clerk)
	July 17, 2014	Telephone Conference held on 7/17/2014 before Magistrate Judge Stephanie A Gallagher. (bmhs, Deputy Clerk)
86	Oct. 27, 2014	MOTION to Withdraw as Attorney by Carroll Connelly, Vander Davis, Gary Denmark, Christopher Jarboe Responses due by 11/13/2014 (Whyte de Vasquez, Megan) (Entered: 10/27/2014)	RECAP
87	Oct. 27, 2014	MARGINAL ORDER granting 86 Motion to Withdraw as Attorney. Attorney Megan Kathleen Whyte de Vasquez terminated. Signed by Judge Ellen L. Hollander on 10/24/2014. (ko, Deputy Clerk) (Entered: 10/28/2014)	RECAP
88	Feb. 10, 2015	ORDER to Counsel. Signed by Judge Ellen L. Hollander on 2/10/2015. (Attachments: # 1 Instructions to Counsel Re Trial Procedure and Conduct)(bmhs, Deputy Clerk) (Entered: 02/10/2015)	RECAP
89	Feb. 18, 2015	Joint MOTION to Continue Trial Date by Carroll Connelly, Vander Davis, Gary Denmark, Christopher Jarboe, Garfield Redd Responses due by 3/9/2015 (Champaign, Lauren) (Entered: 02/18/2015)	RECAP
90	Feb. 18, 2015	PAPERLESS ORDER. A telephone conference has been scheduled for February 19, 2015, at 5:00 p.m. Plaintiffs' counsel at Foley & Lardner are to initiate the call to those counsel who are able to participate, and then to chambers. Signed by Judge Ellen L. Hollander on 2/18/2015. (kw, Chambers) (Entered: 02/18/2015)	RECAP
91	Feb. 19, 2015	NOTICE of Appearance by Nichole' C Gatewood on behalf of Dayena Corcoran, Maryland Correctional Enterprises, Maryland Correctional Institution, Jessup (MCIJ), Maryland Department of Public Safety and Correctional Services (DPSCS), Maryland Division of Corrections, Gary D. Maynard, J. Philip Morgan, Stephen M. Shiloh, J. Micheal Stouffer, Western Correctional Institution (WCI) (Gatewood, Nichole') (Entered: 02/19/2015)	RECAP

show / hide docket entries

Case Details

State / Territory:

Maryland

Case Type(s):

Prison Conditions

Disability Rights

Healthcare Access and Reproductive Issues

Special Collection(s):

Deaf or Blind in Jail/Prison

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 23, 2012

Closing Date: Dec. 13, 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Maryland state prisoners who are deaf

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Washington Lawyers' Committee

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

State

Maryland Correctional Enterprises

Maryland Correctional Institution, Jessup

Maryland Department of Labor, Licensing and Regulation, Division of Workforce Development and Adult Learning (Correctional Education)

Maryland Department of Public Safety and Correctional Services

Maryland Division of Corrections

Western Correctional Institution

Defendant Type(s):

Jurisdiction-wide

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Constitutional Clause(s):

Freedom of speech/association

Other Dockets:

District of Maryland 1:12-cv-00572

U.S. Court of Appeals for the Fourth Circuit 17-07358

U.S. Court of Appeals for the Fourth Circuit 17-01131

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: $142,500.00

Order Duration: 2015 - 2018

Issues

General/Misc.:

Language access/needs

Disability and Disability Rights:

Hearing impairment

TTY/Close Captioning/Videophone/etc.

Discrimination Basis:

Disability (inc. reasonable accommodations)

Recommended Citation

Case Summary of Jarboe v. Maryland Department of Public Safety and Correctional Services, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/14367/ (last updated 11/23/2025).