Case: Mathis v. GEO Group, Inc.

2:08-ct-00021 | U.S. District Court for the Eastern District of North Carolina

Filed Date: May 28, 2008

Closed Date: 2012

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Case Summary

This is a case about poor conditions at a North Carolina private prison. On June 28, 2007, a group of men held at the Rivers Correctional Institution in North Carolina brought this class action suit in the United States District Court for the District of Columbia. They sued GEO Group, Inc., the private company that owned and operated the prison, and the United States Federal Bureau of Prisons. The plaintiffs, represented by private counsel, the Legal Aid Justice Center, and the Washington Lawye…

The plaintiffs alleged that the defendants were deliberately indifferent to the health and welfare of the class, that they had excluded prisoners with disabilities from other services and programs, and that they had deliberately deprived the plaintiffs of adequate medical, dental, and mental health care. For example, the named plaintiff suffered improper treatment of a cavity at Rivers and ultimately underwent emergency surgery, which removed the infection and saved his life but left him deformed and disabled. The plaintiffs also alleged that GEO Group had breached its contract with the U.S. Government, which required GEO Group to provide its prisoners with “medical services that are commensurate with community standards.”

On July 26, 2007, the defendants filed a motion to dismiss and, in the alternative, to transfer the case on the grounds that the D.C. Court lacked personal jurisdiction over GEO Group. On September 18, 2007, the United States Bureau of Prisons also filed a motion to dismiss or transfer. The plaintiffs filed a motion for class certification on September 25, 2007. Both parties filed motions for time extensions to file responses to the motions, but on February 28, 2008, Judge Ricardo M. Urbina, agreeing that “transferring the case furthers the interests of justice,” granted the defendants’ motion to transfer the case to the Eastern District of North Carolina. 535 F. Supp. 2d 83 (D.D.C. 2008). The case was then transferred to North Carolina, where it was assigned to Senior District Judge Malcolm J. Howard.

On October 24, 2008, the plaintiffs filed an amended complaint, stipulating the requests for both the class and the Disability Sub-Class (which consisted of prisoners who had been allegedly denied access to programs and services they should have been provided under the Rehabilitation Act) and demanding a jury trial. The defendants moved to strike the amended complaint on January 5, 2009, and simultaneously filed motions to dismiss the suit. On February 16, 2009, GEO Group filed a notice of subsequently decided authority, citing Judge James C. Dever’s February 13, 2009 decision dismissing a prisoner's claims to relief for failure to comply with North Carolina Rule of Civil Procedure 9(j), regarding special pleading requirements for medical malpractice. The Bureau of Prisons also filed a notice of subsequently decided authority on April 14, 2009, noting that the Fourth Circuit had affirmed a district court’s finding that the Rehabilitation Act did not apply to federal prisons.

The case was reassigned from Judge Howard to Judge James C. Dever on July 22, 2008, and Judge Dever issued three orders: denying the defendants’ motion to dismiss and their motion to strike the amended complaint, and denying without prejudice the plaintiffs’ motion for class certification. On November 9, 2009, Judge Dever granted the defendants’ motion to dismiss because two of the named plaintiffs had been released and for failure to state a claim. The opinion dealt extensively with the Rehabilitation Act claim, finding that there was no cause of action to enforce the Rehabilitation Act against the federal government based on its actions administering a procurement act, and none against GEO because its activities were neither "federally conducted" nor "federally assisted." In addition, the court found that the claims were not truly about discrimination but rather claims to better medical care. The court granted the plaintiffs leave to re-file an amended complaint. 2009 WL 10736631. The plaintiffs filed a second amended complaint on December 9, 2009, which the defendants moved to dismiss on January 22, 2010. After a hearing on the motions conducted on January 31, the Federal Bureau of Prisons filed a motion to dismiss on February 2.

On September 29, 2010, Judge Dever granted GEO Group’s motion to dismiss and granted in part the Federal Bureau of Prisons’ motion to dismiss, largely because the plaintiffs still failed to state a claim; however, the judge gave the plaintiffs leave to file a third amended complaint. 2010 WL 3835141.

The plaintiffs accordingly filed a third amended complaint on October 25, 2010. The plaintiffs continued to allege that GEO Group “manifested a pervasive and deliberate indifference to the health needs of” the prisoners at Rivers. The complaint described ten separate prisoners who had suffered deprivation of medical care or inadequate medical care while at Rivers and who had suffered injury, hospitalization, or disability as a result.

GEO Group filed an unopposed motion to dismiss GEO Group as a defendant on November 29, 2010, noting that the Court had stated that it would dismiss the claims in the Third Amended Complaint as to GEO. The Bureau of Prisons filed a motion to dismiss on December 3, 2010.

On July 18, 2011, Judge Dever granted GEO Group’s motion to dismiss as a defendant, citing the November 9, 2009 motion to dismiss, in which GEO argued that GEO’s actions at Rivers did not qualify as government action against which Eighth Amendment claims could be raised. However, the court rejected the Bureau of Prison’s argument that the plaintiffs failed to exhaust their administrative remedies because the Bureau failed to adequately support their argument with evidence. 2011 WL 2899135.

The plaintiffs again attempted to file for class certification on August 23, 2011, against which the Bureau of Prisons filed a motion to stay while they filed a motion to dismiss one of the plaintiffs. On September 26, 2011, Judge Dever granted the defendants’ motion to dismiss one plaintiff for lack of subject matter jurisdiction, pursuant to the parties’ agreement.

The Bureau of Prisons also filed a motion for reconsideration of the court’s July 18, 2011 order. Judge Dever denied that motion on January 9, 2012, finding that the defendants failed to persuade the court that the plaintiffs had failed to exhaust administrative remedies or that precedent required the court to dismiss the case. 2012 WL 43586.

On February 23, 2012, Judge Dever denied the plaintiffs’ motion for class certification, finding that the plaintiffs failed to satisfy the commonality requirement for class certification. 2012 WL 600865. After that, a status conference was set for March 8, 2012, but before the conference could commence, the remaining named plaintiff was transferred, and the parties stipulated to dismissal on March 26, 2012. The case is now closed.

Summary Authors

Elizabeth Helpling (2/14/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5449485/parties/mathis-v-geo-group-inc/

Judge(s)

Dever, James C. III (North Carolina)

Attorney for Plaintiff

Estrada, Danielle (District of Columbia)

Finkenstadt, Ivy (Virginia)

Fornaci, Phillip Jerome (District of Columbia)

Attorney for Defendant

Boyle, W. Ellis (North Carolina)

Judge(s)

Dever, James C. III (North Carolina)

Howard, Malcolm Jones (North Carolina)

Urbina, Ricardo M. (District of Columbia)

Attorney for Plaintiff

Estrada, Danielle (District of Columbia)

Finkenstadt, Ivy (Virginia)

Fornaci, Phillip Jerome (District of Columbia)

Golden, Deborah Maxine (District of Columbia)

Hall, Sarah M (District of Columbia)

Herman, Anthony (District of Columbia)

Kahl, Donald L (District of Columbia)

Lange, Ivy (District of Columbia)

Morgan, James R. Jr. (North Carolina)

Numbers, Robert T II (North Carolina)

Ridings, Donald J Jr (District of Columbia)

Riemann, Neil A. (North Carolina)

Schattschneider, Laura E (District of Columbia)

Attorney for Defendant

Boyle, W. Ellis (North Carolina)

Israel, Deborah J. (District of Columbia)

Melnik, Karen L (District of Columbia)

Renfer, R. A. Jr. (North Carolina)

Wyer, Kathryn L. (District of Columbia)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1:07-cv-01155	Docket [PACER] U.S. District Court for the District of District of Columbia	June 2, 2008	June 2, 2008 Docket
2:08-ct-00021	Civil Docket Mathis v. GEO Group Inc	March 26, 2012	March 26, 2012 Docket
3 2:08-ct-00021	Class Action Complaint for Declaratory and Injunctive Relief and for Damages Mathis v. GEO Group Inc U.S. District Court for the District of District of Columbia	June 28, 2007	June 28, 2007 Complaint
31 2:08-ct-00021	Plaintiffs' Motion for Class Certification Mathis v. GEO Group Inc U.S. District Court for the District of District of Columbia	Sept. 25, 2007	Sept. 25, 2007 Pleading / Motion / Brief
42 2:08-ct-00021	Memorandum Opinon: Granting the Defendant's Motions to Transfer Mathis v. Geo Group Inc U.S. District Court for the District of District of Columbia	Feb. 28, 2008	Feb. 28, 2008 Order/Opinion 535 F.Supp.2d 83
88 2:08-ct-00021	Order Mathis v. Geo Group Inc	Sept. 30, 2009	Sept. 30, 2009 Order/Opinion
96-2 2:08-ct-00021	Order Mathis v. Geo	Nov. 9, 2009	Nov. 9, 2009 Order/Opinion 2009 WL 10736631
98 2:08-ct-00021	Second Amended Complaint Jury Trial Demanded Calland v. Geo Group Inc	Dec. 9, 2009	Dec. 9, 2009 Complaint
122 2:08-ct-00021	Order	Sept. 29, 2010	Sept. 29, 2010 Order/Opinion 2010 WL 3835141
155 2:08-ct-00021	Order	July 18, 2011	July 18, 2011 Order/Opinion 2011 WL 2899135

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/5449485/mathis-v-geo-group-inc/

Last updated April 3, 2026, 4:51 a.m.

ECF Number	Date	Description	Link
1	June 28, 2007	MOTION for Leave to Proceed by Pseudonym by CARL BUTLER, HAROLD ROBINSON, CHARLES LEWIS, JOHN DOE, JOHN ROE, JIMMIE FOWLER, KEITH MATHIS, REON HOLLOWAY, DAVID ROGERS, BENJAMIN HAMILTON (Attachments: # 1 Text of Proposed Order, # 2 Memordum in Support)(jf, ). Modified on 7/2/2007 (jf, ). [Transferred from District of Columbia on 6/2/2008.] (Entered: 07/02/2007)	RECAP
2	June 28, 2007	ORDER temporarily granting 1 MOTION for Leave to Proceed by Pseudonym. Signed by Judge Royce C. Lamberth on June 28, 2007. (See order for further details). (jf, ) [Transferred from District of Columbia on 6/2/2008.] (Entered: 07/02/2007)	RECAP
3	June 28, 2007	COMPLAINT against GEO GROUP INC., FEDERAL BUREAU OF PRISONS, HARLEY LAPPIN ( Filing fee $ 350, receipt number 4616005174) filed by CARL BUTLER, HAROLD ROBINSON, CHARLES LEWIS, JOHN DOE, JOHN ROE, JIMMIE FOWLER, KEITH MATHIS, REON HOLLOWAY, DAVID ROGERS, BENJAMIN HAMILTON. (Attachments: # 1 Civil Cover Sheet)(jf, ) [Transferred from District of Columbia on 6/2/2008.] (Entered: 07/02/2007)	RECAP
	June 28, 2007	SUMMONS Not Issued as to GEO GROUP INC., FEDERAL BUREAU OF PRISONS, HARLEY LAPPIN (jf, ) [Transferred from District of Columbia on 6/2/2008.]
	July 2, 2007	Summons (6) Issued as to GEO GROUP INC.(2), FEDERAL BUREAU OF PRISONS (2), HARLEY LAPPIN (2). (jf, ) Modified on 7/2/2007 (jf, ). [Transferred from District of Columbia on 6/2/2008.]
	July 2, 2007	SUMMONS (2) Issued as to FEDERAL BUREAU OF PRISONS, U.S. Attorney and U.S. Attorney General. (jf, ) [Transferred from District of Columbia on 6/2/2008.]
4	July 26, 2007	MOTION to Dismiss and Motion to Transfer by GEO GROUP INC. (Attachments: # 1 Statement of Facts # 2 Exhibit Affadavit of John White# 3 Exhibit Jackson v. FBOP Caselaw# 4 Exhibit McCullough v. BOP Caselaw# 5 Exhibit FJC Statistics# 6 Text of Proposed Order)(Israel, Deborah) [Transferred from District of Columbia on 6/2/2008.] (Entered: 07/26/2007)	RECAP
5	July 26, 2007	MOTION to Transfer Case by GEO GROUP INC. (See Docket Entry 4 to view document). (nmw, ) [Transferred from District of Columbia on 6/2/2008.] (Entered: 07/27/2007)	RECAP
6	Aug. 8, 2007	NOTICE of Appearance by Karen L. Melnik on behalf of FEDERAL BUREAU OF PRISONS, HARLEY LAPPIN (Melnik, Karen) [Transferred from District of Columbia on 6/2/2008.] (Entered: 08/08/2007)	RECAP
7	Aug. 9, 2007	NOTICE of Appearance by Danielle M. Estrada on behalf of all plaintiffs (Estrada, Danielle) [Transferred from District of Columbia on 6/2/2008.] (Entered: 08/09/2007)	RECAP
8	Aug. 9, 2007	NOTICE of Appearance by Anthony Herman on behalf of all plaintiffs (Herman, Anthony) [Transferred from District of Columbia on 6/2/2008.] (Entered: 08/09/2007)	RECAP
9	Aug. 9, 2007	Memorandum in opposition to re 4 MOTION to Dismiss and Motion to Transfer, 5 MOTION to Transfer Case filed by CARL BUTLER, HAROLD ROBINSON, CHARLES LEWIS, JOHN DOE, JOHN ROE, JIMMIE FOWLER, KEITH MATHIS, REON HOLLOWAY, DAVID ROGERS, BENJAMIN HAMILTON. (Attachments: # 1 Affidavit of Danielle M. Estrada# 2 Exhibit 1 Part 1# 3 Exhibit 1 Part 2# 4 Exhibit 2# 5 Exhibit 3# 6 Text of Proposed Order)(Estrada, Danielle) [Transferred from District of Columbia on 6/2/2008.] (Entered: 08/09/2007)	RECAP
10	Aug. 10, 2007	NOTICE of Appearance by Donald Lee Kahl on behalf of all plaintiffs (Kahl, Donald) [Transferred from District of Columbia on 6/2/2008.] (Entered: 08/10/2007)	RECAP
11	Aug. 17, 2007	NOTICE of Appearance by Ivy Ann Lange on behalf of all plaintiffs (Lange, Ivy) [Transferred from District of Columbia on 6/2/2008.] (Entered: 08/17/2007)	RECAP
12	Aug. 20, 2007	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. GEO GROUP INC. served on 7/5/2007, answer due 7/25/2007 (Estrada, Danielle) [Transferred from District of Columbia on 6/2/2008.] (Entered: 08/20/2007)	RECAP
13	Aug. 20, 2007	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the US Attorney. FEDERAL BUREAU OF PRISONS served on 7/5/2007, answer due 9/4/2007 (Estrada, Danielle) [Transferred from District of Columbia on 6/2/2008.] (Entered: 08/20/2007)	RECAP
14	Aug. 20, 2007	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the US Attorney. HARLEY LAPPIN served on 7/5/2007, answer due 9/4/2007 (Estrada, Danielle) [Transferred from District of Columbia on 6/2/2008.] (Entered: 08/20/2007)	RECAP
15	Aug. 20, 2007	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to (Attachments: # 1 Exhibit Receipt for Certified Mail)(Estrada, Danielle) [Transferred from District of Columbia on 6/2/2008.] (Entered: 08/20/2007)	RECAP
16	Aug. 20, 2007	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to (Attachments: # 1 Exhibit Receipt for Certified Mail)(Estrada, Danielle) [Transferred from District of Columbia on 6/2/2008.] (Entered: 08/20/2007)	RECAP
17	Aug. 20, 2007	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on Attorney General. Date of Service Upon Attorney General 07/06/2007. (Attachments: # 1 Exhibit Receipt for Certified Mail)(Estrada, Danielle) Modified on 8/20/2007 (jf, ). [Transferred from District of Columbia on 6/2/2008.] (Entered: 08/20/2007)	RECAP
18	Aug. 20, 2007	ENTERED IN ERROR.....Memorandum in opposition to re 4 MOTION to Dismiss and Motion to Transfer filed by GEO GROUP INC.. (Attachments: # 1 Exhibit # 2 Exhibit)(Israel, Deborah) Modified on 8/21/2007 (nmw, ). [Transferred from District of Columbia on 6/2/2008.] (Entered: 08/20/2007)	RECAP
19	Aug. 20, 2007	ENTERED IN ERROR.....Memorandum in opposition to re 4 MOTION to Dismiss and Motion to Transfer filed by GEO GROUP INC.. (Attachments: # 1 Exhibit # 2 Exhibit)(Israel, Deborah) Modified on 8/21/2007 (nmw, ). [Transferred from District of Columbia on 6/2/2008.] (Entered: 08/20/2007)	RECAP
20	Aug. 20, 2007	ERRATA regarding e-mail notification for Docket Entry #17 by CARL BUTLER, HAROLD ROBINSON, CHARLES LEWIS, JOHN DOE, JOHN ROE, JIMMIE FOWLER, KEITH MATHIS, REON HOLLOWAY, DAVID ROGERS, BENJAMIN HAMILTON. (Estrada, Danielle) [Transferred from District of Columbia on 6/2/2008.] (Entered: 08/20/2007)	RECAP
21	Aug. 20, 2007	ENTERED IN ERROR.....REPLY to opposition to motion re 4 MOTION to Dismiss and Motion to Transfer, 5 MOTION to Transfer Case filed by GEO GROUP INC. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(nmw, ) Modified on 8/22/2007 (ztd, ). [Transferred from District of Columbia on 6/2/2008.] (Entered: 08/21/2007)	RECAP
22	Aug. 21, 2007	NOTICE of Appearance by Philip J. Fornaci on behalf of all plaintiffs (Fornaci, Philip) [Transferred from District of Columbia on 6/2/2008.] (Entered: 08/21/2007)	RECAP
23	Aug. 21, 2007	REPLY to opposition to motion re 4 MOTION to Dismiss and Motion to Transfer, 5 MOTION to Transfer Case filed by GEO GROUP INC.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(td, ) [Transferred from District of Columbia on 6/2/2008.] (Entered: 08/22/2007)	RECAP
	Aug. 21, 2007	ENTERED IN ERROR.....NOTICE OF CORRECTED DOCKET ENTRY: Docket Entries 18 and 19 were entered in error as an opposition and was refiled as Docket Entry 21 . (nmw, ) Modified on 8/22/2007 (ztd, ). [Transferred from District of Columbia on 6/2/2008.]
	Aug. 21, 2007	NOTICE OF CORRECTED DOCKET ENTRY: re 19 Memorandum in Opposition, 21 Reply to opposition to Motion, Notice of Corrected Docket Entry, 18 Memorandum in Opposition was entered in error per counsel and refiled as Docket Entry 23 . Docket Entry 19 was the corrected document, however, the wrong event was selected. (td, ) Modified on 8/23/2007 (nmw, ). [Transferred from District of Columbia on 6/2/2008.]
24	Aug. 23, 2007	NOTICE of Subtitution of Counsel by Kathryn L. Wyer on behalf of FEDERAL BUREAU OF PRISONS, HARLEY LAPPIN Substituting for attorney Karen L. Melnik (Wyer, Kathryn) [Transferred from District of Columbia on 6/2/2008.] (Entered: 08/23/2007)	RECAP
25	Aug. 23, 2007	Unopposed MOTION for Extension of Time to File Answer or Otherwise Plead by FEDERAL BUREAU OF PRISONS, HARLEY LAPPIN (Attachments: # 1 Text of Proposed Order)(Wyer, Kathryn) [Transferred from District of Columbia on 6/2/2008.] (Entered: 08/23/2007)	RECAP
	Aug. 23, 2007	MINUTE ORDER granting 25 Unopposed Motion for Extension of Time. The federal defendants' response to the complaint is due on or before September 18, 2007. Signed by Judge Ricardo M. Urbina on 8/23/07. (lcrmu2) [Transferred from District of Columbia on 6/2/2008.]
26	Aug. 31, 2007	MOTION for Leave to File Surreply by CARL BUTLER, HAROLD ROBINSON, CHARLES LEWIS, JOHN DOE, JOHN ROE, JIMMIE FOWLER, KEITH MATHIS, REON HOLLOWAY, DAVID ROGERS, BENJAMIN HAMILTON (Attachments: # 1 Surreply# 2 Exhibit A to Exhibit declaration of Deborah Golden# 3 Exhibit Exhibit 2 Declaration of Deborah Golden# 4 Text of Proposed Order granting leave to file surreply)(Lange, Ivy) [Transferred from District of Columbia on 6/2/2008.] (Entered: 08/31/2007)	RECAP
27	Sept. 12, 2007	Memorandum in opposition to re 26 MOTION for Leave to File Surreply filed by GEO GROUP INC.. (Attachments: # 1 Text of Proposed Order Order)(Israel, Deborah) [Transferred from District of Columbia on 6/2/2008.] (Entered: 09/12/2007)	RECAP
28	Sept. 18, 2007	MOTION to Dismiss by FEDERAL BUREAU OF PRISONS, HARLEY LAPPIN (Attachments: # 1 Text of Proposed Order # 2 Exhibit 1 - Declaration of James R Schluter# 3 Exhibit 1 attachment - Document A# 4 Exhibit 1 attachment -Document B# 5 Exhibit 1 attachment - Document C# 6 Exhibit 1 attachment - Document D# 7 Exhibit 1 attachment - Document E# 8 Exhibit 1 attachment - Document F# 9 Exhibit 1 attachment - Document G# 10 Exhibit 1 attachment - Document H)(Wyer, Kathryn) [Transferred from District of Columbia on 6/2/2008.] (Entered: 09/18/2007)	RECAP
29	Sept. 18, 2007	MOTION (in the alternative) to Transfer Case by FEDERAL BUREAU OF PRISONS, HARLEY LAPPIN. (See Docket Entry 28 to view document). (nmw, ) [Transferred from District of Columbia on 6/2/2008.] (Entered: 09/19/2007)	RECAP
30	Sept. 24, 2007	Consent MOTION for Extension of Time to File Response/Reply as to 28 MOTION to Dismiss, 29 MOTION to Transfer Case by CARL BUTLER, HAROLD ROBINSON, CHARLES LEWIS, JOHN DOE, JOHN ROE, JIMMIE FOWLER, KEITH MATHIS, REON HOLLOWAY, DAVID ROGERS, BENJAMIN HAMILTON (Attachments: # 1 Text of Proposed Order)(Estrada, Danielle) [Transferred from District of Columbia on 6/2/2008.] (Entered: 09/24/2007)	RECAP
31	Sept. 25, 2007	MOTION to Certify Class by CARL BUTLER, HAROLD ROBINSON, CHARLES LEWIS, JOHN DOE, JOHN ROE, JIMMIE FOWLER, KEITH MATHIS, REON HOLLOWAY, DAVID ROGERS, BENJAMIN HAMILTON (Attachments: # 1 Memorandum of Points and Authorities in Support of Motion for Class Certification# 2 Text of Proposed Order)(Estrada, Danielle) [Transferred from District of Columbia on 6/2/2008.] Modified on 11/10/2008 to show as pending motion(McDowell, G.). (Entered: 09/25/2007)	RECAP
	Sept. 25, 2007	MINUTE ORDER granting 30 Consent Motion for Extension of Time to File Response/Reply. It is hereby ORDERED that the plaintiffs' response to the federal defendants' motion to dismiss is due on or before October 26, 2007. Signed by Judge Ricardo M. Urbina on 9/25/07. (lcrmu2) [Transferred from District of Columbia on 6/2/2008.]
32	Oct. 4, 2007	Unopposed MOTION for Extension of Time to File Response/Reply as to 31 MOTION to Certify Class by FEDERAL BUREAU OF PRISONS, HARLEY LAPPIN (Attachments: # 1 Text of Proposed Order)(Wyer, Kathryn) [Transferred from District of Columbia on 6/2/2008.] (Entered: 10/04/2007)	RECAP
33	Oct. 5, 2007	Unopposed MOTION for Extension of Time to File Response/Reply as to 31 MOTION to Certify Class by GEO GROUP INC. (Attachments: # 1 Text of Proposed Order Order)(Israel, Deborah) [Transferred from District of Columbia on 6/2/2008.] (Entered: 10/05/2007)	RECAP
	Oct. 5, 2007	MINUTE ORDER granting 32 the Federal Defendants' Unopposed Motion for Extension of Time to File Response/Reply. It is hereby ordered that the Federal Defendants' response to the plaintiffs' motion for class certification is due on or before November 2, 2007. Signed by Judge Ricardo M. Urbina on 10/5/07. (lcrmu2) [Transferred from District of Columbia on 6/2/2008.]
	Oct. 5, 2007	Set/Reset Deadlines: Response to motion for class certification due by 11/2/2007 (mpt, ) [Transferred from District of Columbia on 6/2/2008.]
	Oct. 5, 2007	MINUTE ORDER granting 33 the Defendant's Unopposed Motion for Extension of Time to File Response/Reply. It is hereby ordered that GEO Group's response to the plaintiffs' motion for class certification is due on or before November 2, 2007. Signed by Judge Ricardo M. Urbina on 10/5/07. (lcrmu2) [Transferred from District of Columbia on 6/2/2008.]
34	Oct. 26, 2007	Memorandum in opposition to re 28 MOTION to Dismiss, 29 MOTION to Transfer Case filed by CARL BUTLER, HAROLD ROBINSON, CHARLES LEWIS, JOHN DOE, JOHN ROE, JIMMIE FOWLER, KEITH MATHIS, REON HOLLOWAY, DAVID ROGERS, BENJAMIN HAMILTON. (Attachments: # 1 Text of Proposed Order # 2 Exhibit Unpublished Decisions)(Estrada, Danielle) [Transferred from District of Columbia on 6/2/2008.] (Entered: 10/26/2007)	RECAP
35	Oct. 29, 2007	Consent MOTION for Extension of Time to File Response/Reply as to 28 MOTION to Dismiss, 29 MOTION to Transfer Case by FEDERAL BUREAU OF PRISONS, HARLEY LAPPIN (Attachments: # 1 Text of Proposed Order)(Wyer, Kathryn) [Transferred from District of Columbia on 6/2/2008.] (Entered: 10/29/2007)	RECAP
	Oct. 30, 2007	MINUTE ORDER granting 35 the Federal Defendants' Consent Motion for Extension of Time to File Response/Reply. It is hereby ordered that the Federal Defendants' Reply to the Plaintiffs' Opposition to the Federal Defendants' Motion to Dismiss is due on or before December 3, 2007. Signed by Judge Ricardo M. Urbina on 10/30/07. (lcrmu2) [Transferred from District of Columbia on 6/2/2008.]
36	Nov. 2, 2007	Memorandum in opposition to re 31 MOTION to Certify Class filed by GEO GROUP INC.. (Attachments: # 1 Exhibit 1 - Brown v. Artery# 2 Exhibit 2 - Clark v. State of California# 3 Exhibit 3 - Maydak v. US of America# 4 Exhibit 4 - Williams v. Glickman# 5 Text of Proposed Order)(Israel, Deborah) Modified on 11/5/2007 (nmw, ). [Transferred from District of Columbia on 6/2/2008.] (Entered: 11/02/2007)	RECAP
37	Nov. 2, 2007	Memorandum in opposition to re 31 MOTION to Certify Class filed by FEDERAL BUREAU OF PRISONS, HARLEY LAPPIN. (Attachments: # 1 Text of Proposed Order)(Wyer, Kathryn) [Transferred from District of Columbia on 6/2/2008.] (Entered: 11/02/2007)	RECAP
38	Nov. 6, 2007	Unopposed MOTION for Extension of Time to File Response/Reply as to 31 MOTION to Certify Class by CARL BUTLER, HAROLD ROBINSON, CHARLES LEWIS, JOHN DOE, JOHN ROE, JIMMIE FOWLER, KEITH MATHIS, REON HOLLOWAY, DAVID ROGERS, BENJAMIN HAMILTON (Attachments: # 1 Text of Proposed Order)(Estrada, Danielle) [Transferred from District of Columbia on 6/2/2008.] (Entered: 11/06/2007)	RECAP
	Nov. 6, 2007	MINUTE ORDER granting 38 Unopposed Motion for Extension of Time to File Response/Reply. It is hereby ordered that the plaintiffs' reply to the defendants' opposition to class certification is due on or before Friday, November 30, 2007. Signed by Judge Ricardo M. Urbina on 11/6/07. (lcrmu2) [Transferred from District of Columbia on 6/2/2008.]
39	Nov. 30, 2007	REPLY to opposition to motion re 31 MOTION to Certify Class filed by CARL BUTLER, HAROLD ROBINSON, JOHN DOE, JOHN ROE, JIMMIE FOWLER, KEITH MATHIS, REON HOLLOWAY, DAVID ROGERS, BENJAMIN HAMILTON. (Attachments: # 1 Exhibit 1 Declaration of Danielle Estrada# 2 Exhibit A to Declaration of Danielle Estrada# 3 Exhibit B to Declaration of Danielle Estrada# 4 Exhibit 2 Unpublished Decisions# 5 Exhibit 3 Unpublished Decisions)(Estrada, Danielle) [Transferred from District of Columbia on 6/2/2008.] (Entered: 11/30/2007)	RECAP
40	Dec. 3, 2007	REPLY to opposition to motion re 28 MOTION to Dismiss, 29 MOTION to Transfer Case filed by FEDERAL BUREAU OF PRISONS, HARLEY LAPPIN. (Attachments: # 1 Exhibit A - Contract)(Wyer, Kathryn) [Transferred from District of Columbia on 6/2/2008.] (Entered: 12/03/2007)	RECAP
41	Feb. 28, 2008	MINUTE ORDER granting 5, 29 the Defendants' Motion to Transfer Case. It is hereby ORDERED that the defendants' motion to transfer the case to the Eastern District of North Carolina is GRANTED. SO ORDERED. Signed by Judge Ricardo M. Urbina on 2/28/08. (lcrmu2) [Transferred from District of Columbia on 6/2/2008.] (Entered: 02/28/2008)	RECAP
42	Feb. 28, 2008	MEMORANDUM OPINION. Signed by Judge Ricardo M. Urbina on 2/28/08. (lcrmu2) [Transferred from District of Columbia on 6/2/2008.]	RECAP
	March 25, 2008	Case transferred out to the USDC for the Eastern District of North Carolina, pursuant to Court Order entered 2/28/08. Sent to Court by electronically. (jf) [Transferred from District of Columbia on 6/2/2008.]
43	May 28, 2008	Case transferred in from District of District of Columbia; Case Number 1:07-cv-01155. Case received in EDNC via inter-district transfer on 5/28/2008. (Deputy Clerk - LC, ) (Entered: 06/02/2008)	RECAP
44	June 13, 2008	NOTICE of Appearance by Neil A. Riemann on behalf of all plaintiffs (Riemann, Neil) (Entered: 06/13/2008)	RECAP
45	June 19, 2008	NOTICE of Appearance by R. A. Renfer, Jr on behalf of Federal Bureau of Prisons, Harley Lappin (Renfer, R.) (Entered: 06/19/2008)	RECAP
46	Sept. 8, 2008	NOTICE of Appearance for non-district counsel Danielle M. Estrada Filed by local counsel Danielle M. Estrada on behalf of all plaintiffs (Estrada, Danielle) (Entered: 09/08/2008)	RECAP
47	Sept. 8, 2008	NOTICE of Appearance for non-district counsel Anthony Herman Filed by local counsel Anthony Herman on behalf of all plaintiffs (Herman, Anthony) (Entered: 09/08/2008)	RECAP
48	Oct. 7, 2008	MOTION to Dismiss Pursuant to Rule 4(m) by GEO GROUP INC.. (Numbers, Robert) (Entered: 10/07/2008)	RECAP
49	Oct. 7, 2008	Memorandum in Support re 48 MOTION to Dismiss Pursuant to Rule 4(m) by GEO GROUP INC.. (Numbers, Robert) (Entered: 10/07/2008)	RECAP
50	Oct. 24, 2008	AMENDED COMPLAINT against all defendants, filed by Michael Collins, Louis Calland, JOHN ROE. (Attachments: # 1 Exhibit A - 1 of 3, # 2 Exhibit A - 2 of 3, # 3 Exhibit A - 3 of 3) (Riemann, Neil) (Entered: 10/24/2008)	RECAP
51	Oct. 27, 2008	NOTICE by JOHN ROE, Michael Collins, Louis Calland of submittal of summonses for issuance (GEO in main doc, others in exhibits) (Attachments: # 1 Exhibit FBP Summons, # 2 Exhibit Lappin Summons) (Riemann, Neil) (Entered: 10/27/2008)	RECAP
52	Oct. 27, 2008	Summons Issued as to GEO GROUP INC., Federal Bureau of Prisons and Harley Lappin. (Heath, D.) (Entered: 10/27/2008)	RECAP
53	Oct. 27, 2008	Memorandum in Opposition re 48 MOTION to Dismiss Pursuant to Rule 4(m) filed by Michael Collins, Louis Calland, John Roe. (Riemann, Neil) (Entered: 10/27/2008)	RECAP
54	Oct. 27, 2008	Memorandum in Opposition re 53 Memorandum in Opposition, 48 MOTION to Dismiss Pursuant to Rule 4(m) * CORRECTED * filed by Michael Collins, Louis Calland, John Roe. (Riemann, Neil) (Entered: 10/27/2008)	RECAP
55	Nov. 7, 2008	Consent MOTION for Extension of Time to File Answer re 50 Amended Complaint or Otherwise Respond by Federal Bureau of Prisons, Harley Lappin. (Attachments: # 1 Text of Proposed Order) (Wyer, Kathryn) (Entered: 11/07/2008)	RECAP
	Nov. 7, 2008	Since the alleged claims in this action are claims that involve prisoner civil rights, the Prisoner Litigation Section in Raleigh has been reassigned to handle this action. Any questions should be directed this Section in Raleigh. (McDowell, G.)
56	Nov. 10, 2008	Memorandum in Support (Reply Brief in Support of Motion to Dismiss Pursuant to Rule 4(m) filed by GEO GROUP INC.. (Numbers, Robert) (Entered: 11/10/2008)	RECAP
	Nov. 10, 2008	Motions Submitted to Staff Attorney: 31, 48 MOTION to Dismiss Pursuant to Rule 4(m), 55 Consent MOTION for Extension of Time to File Answer re 50 Amended Complaint or Otherwise Respond (McDowell, G.)
57	Nov. 12, 2008	SUMMONS Returned Executed by Michael Collins, Louis Calland, John Roe. GEO GROUP INC. served on 10/31/2008, answer due 11/20/2008. (Riemann, Neil) (Entered: 11/12/2008)	RECAP
58	Nov. 17, 2008	MOTION for Extension of Time to File Answer re 50 Amended Complaint by GEO GROUP INC.. (Attachments: # 1 Proposed Order to Defendant GEO's Motion for Extension of Time) (Numbers, Robert) (Entered: 11/17/2008)	RECAP
	Nov. 18, 2008	Motions Submitted to Staff Attorney re: 58 MOTION for Extension of Time to File Answer re 50 Amended Complaint (Indig, A.)
59	Dec. 8, 2008	ORDER granting 55 Motion for Extension of Time to Answer GEO GROUP INC. answer due 1/5/2009; Federal Bureau of Prisons answer due 1/5/2009; Harley Lappin answer due 1/5/2009.; granting 58 Motion for Extension of Time to Answer GEO GROUP INC. answer due 1/5/2009; Federal Bureau of Prisons answer due 1/5/2009; Harley Lappin answer due 1/5/2009.. Signed by Senior Judge Malcolm J. Howard on 12/8/2008. (McDowell, G.) (Entered: 12/08/2008)	RECAP
60	Dec. 12, 2008	ORDER - Accordingly, the Clerk is DIRECTED to change the number in the above-captioned case from No. 2:08-CV-21-H to No. 2:08-CT-21-H, to properly reflect that it is a prisoner filing. It is ORDERED that all future fillings shall be filed under the latter case number. Signed by Senior Judge Malcolm J. Howard on 12/12/2008. (McDowell, G.) (Entered: 12/12/2008)	RECAP
61	Jan. 5, 2009	NOTICE of Appearance by W. Ellis Boyle on behalf of GEO GROUP INC. (Boyle, W.) (Entered: 01/05/2009)	RECAP
62	Jan. 5, 2009	MOTION to Strike 50 Amended Complaint by GEO GROUP INC.. (Numbers, Robert) (Entered: 01/05/2009)	RECAP
63	Jan. 5, 2009	Memorandum in Support re 62 MOTION to Strike 50 Amended Complaint filed by GEO GROUP INC.. (Numbers, Robert) (Entered: 01/05/2009)	RECAP
64	Jan. 5, 2009	MOTION to Dismiss by Federal Bureau of Prisons, Harley Lappin. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Lynnell Cox, # 3 Cuco v Federal Medical Center (unpublished), # 4 Matthews v Town of Greeneville (unpublished), # 5 Rashad v Doughty (unpublished), # 6 William G v Pataki (unpublished), # 7 Text of Proposed Order) (Wyer, Kathryn) (Entered: 01/05/2009)	RECAP
65	Jan. 5, 2009	MOTION to Dismiss by GEO GROUP INC.. (Numbers, Robert) (Entered: 01/05/2009)	RECAP
66	Jan. 5, 2009	Memorandum in Support re 65 MOTION to Dismiss by GEO GROUP INC.. (Attachments: # 1 Attachment 1 - Order dated December 23, 2008) (Numbers, Robert) (Entered: 01/05/2009)	RECAP
67	Jan. 12, 2009	Consent MOTION for Extension of Time to File Response/Reply as to 62 MOTION to Strike 50 Amended Complaint, 64 MOTION to Dismiss, 65 MOTION to Dismiss by Michael Collins, Louis Calland, John Roe. (Attachments: # 1 Text of Proposed Order Proposed Order) (Riemann, Neil) (Entered: 01/12/2009)	RECAP
68	Jan. 13, 2009	ORDER granting 67 Motion for Extension of Time to File Response/Reply re 65 MOTION to Dismiss, 62 MOTION to Strike 50 Amended Complaint, 64 MOTION to Dismiss - Responses due by 2/26/2009. Signed by Clerk of Court on 1/13/2009. (Indig, A.) (Entered: 01/13/2009)	RECAP
69	Feb. 16, 2009	NOTICE by GEO GROUP INC. OF SUBSEQUENTLY DECIDED AUTHORITY (Attachments: # 1 Exhibit A - Order in Vidal-Oporto v. Lappin) (Numbers, Robert) (Entered: 02/16/2009)	RECAP
70	Feb. 26, 2009	Consent MOTION for Leave to File Excess Pages for Plaintiffs' Consolidated Memorandum in Opposition to Defendants' Separate Motions to Dismiss by Michael Collins, Louis Calland, John Roe. (Attachments: # 1 Text of Proposed Order on Motion to Exceed Page Limit) (Riemann, Neil) (Entered: 02/26/2009)	RECAP
71	Feb. 26, 2009	Memorandum in Opposition re 62 MOTION to Strike 50 Amended Complaint filed by Michael Collins, Louis Calland, John Roe. (Riemann, Neil) (Entered: 02/26/2009)	RECAP
72	Feb. 26, 2009	Memorandum in Opposition re 64 MOTION to Dismiss, 65 MOTION to Dismiss filed by Michael Collins, Louis Calland, John Roe. (Riemann, Neil) (Entered: 02/26/2009)	RECAP
73	March 3, 2009	ORDER granting 70 Motion for Leave to File Excess Pages. Signed by Senior Judge Malcolm J. Howard on 3/3/2009. (McDowell, G.) (Entered: 03/03/2009)	RECAP
74	March 4, 2009	NOTICE of Appearance for non-district by Deborah M. Golden on behalf of all plaintiffs (Golden, Deborah) (Entered: 03/04/2009)	RECAP
75	March 4, 2009	NOTICE of Appearance for non-district by Philip J. Fornaci on behalf of all plaintiffs (Fornaci, Philip) (Entered: 03/04/2009)	RECAP
76	March 9, 2009	MOTION for Extension of Time to File Response/Reply as to 72 Memorandum in Opposition, 71 Memorandum in Opposition by GEO GROUP INC.. (Attachments: # 1 Proposed Order) (Numbers, Robert) (Entered: 03/09/2009)	RECAP
77	March 9, 2009	Consent MOTION for Extension of Time to File Response/Reply as to 64 MOTION to Dismiss by Harley Lappin. (Attachments: # 1 Text of Proposed Order) (Wyer, Kathryn) (Entered: 03/09/2009)	RECAP
78	March 10, 2009	ORDER granting 76 Motion for Extension of Time to File Response/Reply to Plaintiffs' Memorandum of Points and Authorities in Opposition to GEO Group's Motion to Strike and Plaintiff's Consolidated Memorandum in Opposition to Defendants' Motion to Dismiss. Responses due by 4/2/2009. Signed by Clerk of Court on 3/10/2009. (Indig, A.) (Entered: 03/10/2009)	RECAP
79	March 10, 2009	ORDER granting federal defendants' 77 Motion for Extension of Time to File Response/Reply in support of their motion to dismiss. Replies due by 4/6/2009. Signed by Clerk of Court on 3/10/2009. (Indig, A.) (Entered: 03/10/2009)	RECAP
80	April 2, 2009	REPLY to Response to Motion re 65 MOTION to Dismiss filed by GEO GROUP INC.. (Attachments: # 1 Exhibit Unpublished Case - Phelps v. Hadden) (Numbers, Robert) (Entered: 04/02/2009)	RECAP
81	April 2, 2009	REPLY to Response to Motion re 62 MOTION to Strike 50 Amended Complaint filed by GEO GROUP INC.. (Numbers, Robert) (Entered: 04/02/2009)	RECAP
82	April 6, 2009	REPLY to Response to Motion re 64 MOTION to Dismiss filed by Federal Bureau of Prisons, Harley Lappin. (Attachments: # 1 Exhibit A - Declaration of Jearlean Marks) (Wyer, Kathryn) (Entered: 04/06/2009)	RECAP
83	April 14, 2009	NOTICE by Federal Bureau of Prisons, Harley Lappin re 64 MOTION to Dismiss of Supplemental Authorities (Attachments: # 1 Exhibit A - Inko-Tariah Order, # 2 Exhibit B - Letter to Fourth Circuit in Brown v. Lamanna) (Wyer, Kathryn) (Entered: 04/14/2009)	RECAP
84	April 14, 2009	NOTICE by Federal Bureau of Prisons, Harley Lappin re 83 Notice-(other) of Supplemental Authority (Attachments: # 1 Exhibit A - Order of April 14, 2009 in Brown v. Lamanna) (Wyer, Kathryn) (Entered: 04/14/2009)	RECAP

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Case Details

State / Territory:

North Carolina

Case Type(s):

Prison Conditions

Healthcare Access and Reproductive Issues

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: May 28, 2008

Closing Date: 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Prisoners at the Rivers Correctional Institute in North Carolina, suffering from a variety of medical and mental inflictions

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

Washington Lawyers' Committee

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Federal

Federal Bureau of Prisons

Private Entity/Person

GEO Group, Inc.

Defendant Type(s):

Corrections

Facility Type(s):

Non-government for-profit

Case Details

Causes of Action:

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

Constitutional Clause(s):

Cruel and Unusual Punishment

Other Dockets:

Eastern District of North Carolina 2:08-ct-00021

District of District of Columbia 1:07-cv-01155

Available Documents:

Complaint (any)

Non-settlement Outcome

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Issues

General/Misc.:

Conditions of confinement

Personal injury

Rehabilitation

Totality of conditions

Disability and Disability Rights:

Mental impairment

Mobility impairment

Discrimination Basis:

Disability (inc. reasonable accommodations)

Medical/Mental Health Care:

Dental care

HIV/AIDS

Medical care, general

Mental health care, general

Recommended Citation

Case Summary of Mathis v. GEO Group, Inc., Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/17295/ (last updated 2/14/2020).