Case: Prisoner A v. State of Vermont

2:15-cv-00221 | U.S. District Court for the District of Vermont

Filed Date: Oct. 15, 2015

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Case Summary

On October 15, 2015, a prisoner in the state of Vermont filed this lawsuit in the U.S. District Court of Vermont. The plaintiff sued the state of Vermont, the Agency of Human Services, the Department of Corrections, the Department of Mental Health, and the Department of Aging and Independent Living under 42 U.S.C. § 12182. The plaintiff, represented by Disability Rights Vermont, asked the court for declaratory, injunctive, compensatory, and punitive relief. The plaintiff claimed that his continued incarceration violated Title II of the ADA and the “Integration Mandate” of the ADA. He also claimed that placement in his conditions constituted a violation of the rehabilitation act and a violation of the Vermont Fair Housing and Public Accommodations Act.

Specifically, the plaintiff claimed that he had served his minimum sentence as of July 13, 2013 but he continued to be held at Southern State Correctional Facility because the defendants failed to implement disability-related support in the community. Without the support in the community, the plaintiff is at risk for continued unnecessary and harmful institutionalization. Also, had the plaintiff been placed in the most integrated setting possible, he would not have experienced exacerbated mental, emotional, and physical trauma, which included a significant suicide attempt. The plaintiff endured unnecessary pain and suffering and a continuing violation of his civil rights in the form of disability-based discrimination.

The parties conducted discovery and had an Early Neutral Evaluation meeting in which a full settlement was reached. On June 7, 2016, Judge William Sessions dismissed the case according to the private settlement and ordered to reopen the action if the settlement is not consummated.

Summary Authors

Stephanie Benjamini (10/23/2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/13252070/parties/prisoner-a-v-state-of-vermont/

Judge(s)

Attorney for Plaintiff

Esq., Arthur J. (Vermont)

Attorney for Defendant

Esq., David R. (Vermont)

Groff, David R (Vermont)

Expert/Monitor/Master/Other

Esq., Michael J. (Vermont)

Marks, Michael J. (Vermont)

Judge(s)

Sessions, William K. III (Vermont)

Attorney for Plaintiff

Esq., Arthur J. (Vermont)

Ruben, Arthur J. (Vermont)

Attorney for Defendant

Esq., David R. (Vermont)

Groff, David R (Vermont)

Other

Esq., Michael J. (Vermont)

Marks, Michael J. (Vermont)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

2:15-cv-00221	Docket Prisoner A v. State of Vermont	Oct. 15, 2015	Oct. 15, 2015 Docket
1 2:15-cv-00221	Verified Complaint Prisoner A v. State of Vermont	Oct. 15, 2015	Oct. 15, 2015 Complaint

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/13252070/prisoner-a-v-state-of-vermont/

Last updated March 31, 2026, 4:53 a.m.

ECF Number	Date	Description	Link
1	Oct. 15, 2015	VERIFIED COMPLAINT against State of Vermont, Vermont Agency of Human Services, Vermont Department of Aging and Independent Living, Vermont Department of Corrections, Vermont Department of Mental Health filed by Prisoner A. (Attachments: # 1 Verified Complaint (document filed under seal), # 2 Civil Cover Sheet), # 3 Certificate of Service) (law). (Entered: 10/15/2015) 2 Civil Cover Sheet View on PACER 3 Certificate of Service View on PACER	RECAP
2	Oct. 15, 2015	MOTION to Proceed Under a Psuedonym filed by Prisoner A.(law) (Entered: 10/15/2015)	RECAP
3	Oct. 15, 2015	MOTION to File Under Seal 1 Verified Complaint filed by Prisoner A. (Attachments: # 1 Verified Complaint) (images are sealed) (law) (Entered: 10/15/2015)	RECAP
4	Oct. 15, 2015	MOTION for Preliminary Injunction filed by Prisoner A. (Attachments: # 1 Affidavit of Arthur J. Ruben, Esq.)(law) (Entered: 10/15/2015) 1 Affidavit of Arthur J. Ruben, Esq. View on PACER	RECAP
5	Oct. 15, 2015	MOTION for Leave to Proceed in Forma Pauperis filed by Prisoner A. (Attachments: # 1 Affidavit in Support) (documents filed under seal) (law) (Entered: 10/15/2015)	RECAP
6	Oct. 15, 2015	MOTION to File Under Seal 5 MOTION for Leave to Proceed in Forma Pauperis filed by Prisoner A. (document is sealed) (law) (Entered: 10/15/2015)	RECAP
7	Oct. 16, 2015	ORDER granting 2 Motion to Proceed Under A Psuedonym; granting 3 Motion to File Under Seal; granting 5 Motion for Leave to Proceed in forma pauperis; granting 6 Motion to File Under Seal. Signed by Judge William K. Sessions III on 10/16/2015. (This is a text-only Order.) (eae) (Entered: 10/16/2015)	RECAP
	Oct. 16, 2015	Order on Motion for Leave to Proceed In Forma Pauperis AND Order on Motion to File Under Seal (NEF is sent - Order is not sealed) AND Order on Motion to File Under Seal (NEF is sent - Order is not sealed) AND Order on Motion for Miscellaneous Relief
8	Nov. 3, 2015	MOTION for Assistance With Effecting Service on Defendants filed by Prisoner A. (Attachments: # 1 Certificate of Service)(Ruben, Arthur) Text clarified on 11/3/2015 (jlh). (Entered: 11/03/2015) 1 Certificate of Service View on PACER	RECAP
9	Nov. 16, 2015	ORDER denying as moot 8 Motion For Assistance with Effecting Service on Defendants. Signed by Judge William K. Sessions III on 11/16/2015. (This is a text-only Order.) (eae) (Entered: 11/16/2015)	RECAP
10	Nov. 16, 2015	WAIVER OF SERVICE Returned Executed: Vermont Department of Corrections waiver sent on 10/15/2015, answer due 12/14/2015. (Attachments: # 1 Certificate of Service)(Ruben, Arthur) (Entered: 11/16/2015) 1 Certificate of Service View on PACER	RECAP
11	Nov. 16, 2015	WAIVER OF SERVICE Returned Executed: Vermont Agency of Human Services waiver sent on 10/15/2015, answer due 12/14/2015. (Attachments: # 1 Certificate of Service)(Ruben, Arthur) (Entered: 11/16/2015) 1 Certificate of Service View on PACER	RECAP
12	Nov. 16, 2015	WAIVER OF SERVICE Returned Executed: Vermont Department of Mental Health waiver sent on 10/15/2015, answer due 12/14/2015. (Attachments: # 1 Certificate of Service)(Ruben, Arthur) (Entered: 11/16/2015) 1 Certificate of Service View on PACER	RECAP
13	Nov. 16, 2015	WAIVER OF SERVICE Returned Executed: Vermont Department of Aging and Independent Living waiver sent on 10/15/2015, answer due 12/14/2015. (Attachments: # 1 Certificate of Service)(Ruben, Arthur) (Entered: 11/16/2015) 1 Certificate of Service View on PACER	RECAP
	Nov. 16, 2015	Order on Motion for Miscellaneous Relief
14	Nov. 18, 2015	NOTICE OF APPEARANCE by David R. Groff, Esq on behalf of State of Vermont, Vermont Agency of Human Services, Vermont Department of Aging and Independent Living, Vermont Department of Corrections, Vermont Department of Mental Health.(Groff, David) (Entered: 11/18/2015)	RECAP
15	Dec. 7, 2015	STIPULATED MOTION to Withdraw 4 MOTION for Preliminary Injunction filed by Prisoner A.(Ruben, Arthur) (Entered: 12/07/2015)	RECAP
16	Dec. 7, 2015	ORDER granting 15 Stipulated Motion to Withdraw 4 MOTION for Preliminary Injunction. Signed by Judge William K. Sessions III on 12/7/2015. (This is a text-only Order.) (eae) (Entered: 12/07/2015)	RECAP
	Dec. 7, 2015	Order on Motion to Withdraw
17	Dec. 15, 2015	ANSWER to 1 Complaint by State of Vermont, Vermont Agency of Human Services, Vermont Department of Aging and Independent Living, Vermont Department of Corrections, Vermont Department of Mental Health.(Groff, David) (Entered: 12/15/2015)	RECAP
18	Dec. 16, 2015	ENE LETTER re: Potential Evaluators sent; responses due by 1/4/2016. (hbc) (Entered: 12/16/2015)	RECAP
19	Dec. 30, 2015	PROPOSED Stipulated Discovery Schedule/Order by State of Vermont, Vermont Agency of Human Services, Vermont Department of Aging and Independent Living, Vermont Department of Corrections, Vermont Department of Mental Health. (Attachments: # 1 Certificate of Service)(Groff, David) (Entered: 12/30/2015) 1 Certificate of Service View on PACER	RECAP
20	Dec. 30, 2015	ENE Evaluator Michael J. Marks, Esq. assigned. (hbc) (Entered: 12/30/2015)	RECAP
21	Jan. 4, 2016	STIPULATED DISCOVERY SCHEDULE/ORDER Discovery due by 8/15/2016. Motions due by 9/15/2016. Early Neutral Evaluation set for 5/15/2016 at 09:00 AM. Ready for Trial by 11/1/2016. Signed by Judge William K. Sessions III on 1/4/2016. (law) (Entered: 01/04/2016)	RECAP
22	Jan. 28, 2016	DISCOVERY CERTIFICATE - Initial Disclosures by Prisoner A.(Ruben, Arthur) (Entered: 01/28/2016)	RECAP
23	Feb. 2, 2016	DISCOVERY CERTIFICATE - Initial Disclosures by State of Vermont, Vermont Agency of Human Services, Vermont Department of Aging and Independent Living, Vermont Department of Corrections, Vermont Department of Mental Health.(Groff, David) (Entered: 02/02/2016)	RECAP
24	Feb. 18, 2016	DISCOVERY CERTIFICATE - First Set of Interrogatories and Requests to Produce by Prisoner A.(Ruben, Arthur) (Entered: 02/18/2016)	RECAP
25	March 30, 2016	STIPULATED MOTION to Enlarge the Discovery Schedule/Order filed by State of Vermont, Vermont Agency of Human Services, Vermont Department of Aging and Independent Living, Vermont Department of Corrections, Vermont Department of Mental Health.(Groff, David) (Entered: 03/30/2016)	RECAP
26	April 1, 2016	ORDER granting 25 Stipulated Motion for Extension of Time to Complete Discovery. Signed by Judge William K. Sessions III on 4/1/2016. (This is a text-only Order.) (eae) (Entered: 04/01/2016)	RECAP
	April 1, 2016	Order on Motion for Extension of Time to Complete Discovery
27	April 11, 2016	DISCOVERY CERTIFICATE - Notice of Deposition of Christina Granger by Prisoner A.(Ruben, Arthur) (Entered: 04/11/2016)	RECAP
28	April 18, 2016	DISCOVERY CERTIFICATE - Notice of Deposition of Christine Johnson by Prisoner A.(Ruben, Arthur) (Entered: 04/18/2016)	RECAP
29	April 18, 2016	DISCOVERY CERTIFICATE - Answer to Interrogatories and Requests to Produce by State of Vermont, Vermont Agency of Human Services, Vermont Department of Aging and Independent Living, Vermont Department of Corrections, Vermont Department of Mental Health.(Groff, David) (Entered: 04/18/2016)	RECAP
30	April 29, 2016	DISCOVERY CERTIFICATE - Notice of Deposition of Sue Ransom-Kelley by Prisoner A.(Ruben, Arthur) (Entered: 04/29/2016)	RECAP
31	April 29, 2016	DISCOVERY CERTIFICATE - Revised Notice of Deposition of Christine Johnson by Prisoner A. Amendment (Ruben, Arthur) Text clarified on 5/4/2016 (jlh). (Entered: 04/29/2016)	RECAP
32	June 6, 2016	REPORT of Early Neutral Evaluation by ENE Evaluator (Attachments: # 1 Certificate of Service)(Marks, Michael) (Entered: 06/06/2016) 1 Certificate of Service View on PACER	RECAP
33	June 7, 2016	ORDER DISMISSING CASE without costs, with the right to petition, upon good cause shown within 60 days, to reopen the action if settlement is not consummated. Signed by Judge William K. Sessions III on 6/7/2016. (jam) (Entered: 06/07/2016)	RECAP

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Case Details

State / Territory:

Vermont

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Olmstead Cases

Key Dates

Filing Date: Oct. 15, 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Prisoner in Southern State Correctional Facility in Springfield, Vermont

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

State of Vermont

Defendant Type(s):

Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

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

Other Dockets:

District of Vermont 2:15-cv-00221

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Unknown

Relief Granted:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

General/Misc.:

Conditions of confinement

Disability and Disability Rights:

Disability, unspecified

Integrated setting

Least restrictive environment

Discrimination Basis:

Disability (inc. reasonable accommodations)

Recommended Citation

Case Summary of Prisoner A v. State of Vermont, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/15274/ (last updated 10/23/2016).