Case: Paiva v. Rhode Island Department of Corrections

1:17-mc-00014 | U.S. District Court for the District of Rhode Island

Filed Date: Jan. 16, 2017

Case Ongoing

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Case Summary

On January 16, 2017, a plaintiff representing himself petitioned the U.S. District Court for the District of Rhode Island to enforce the Morris Rules, established by the court in 1972 in Morris v. Travisono. In that case, inmates at the Adult Correctional Institution (ACI) in Rhode Island had filed a lawsuit against the Rhode Island Department of Corrections (RIDOC) under 42 U.S.C. § 1983 challenging their conditions of confinement under the Eighth and Fourteenth Amendments to the U.S. Constitu…

Beginning in 1995, the RIDOC unilaterally changed the Morris Rules without notice to the parties or the court by eliminating the need for a three-member disciplinary board and the thirty-day limitation on disciplinary segregation. The RIDOC also did not file the new regulations under the state’s Administrative Procedures Act (“APA”).

On January 15, 2017, Plaintiff tried to file a motion for relief in the Morris case. Plaintiff alleged that the Morris Rules were still in effect and the RIDOC had acted in violation of the Rules by subjecting him to disciplinary segregation of more than thirty days, having his discipline appeal heard by a single official rather than the required three-member panel, and opening and reading his outgoing mail.

Later that month, on January 26, the magistrate judge rejected Plaintiff's attempted filing, writing that the original case was closed and the Morris Rules were matters of state law, not federal. Plaintiff asked the court to review the magistrate judge's decision. This led to a new docket (1:17-mc-00014), where District Judge John J. McConnell, Jr. similarly denied Plaintiff relief.

Plaintiff appealed to the U.S. Court of Appeals for the First Circuit (Case Number 17-1375) on April 11, 2017. In the district court, Plaintiff also moved to alter the judgment of the court. The district court denied the motion on April 20, 2017, and the following month Plaintiff appealed this denial to the First Circuit as well (Case Number 17-1511). Plaintiff later dismissed the first appeal, but the second continued.

On December 21, 2018, the First Circuit reversed the dismissal of Plaintiff's claim, reasoning that if the Morris Rules were still in effect, the RIDOC should be ordered to respond to Plaintiff's motion. The First Circuit directed the district court to determine if the injunction against suspension of the Morris Rules was still in effect.

The following month, on January 25, the Plaintiff filed an amended motion for relief in the district court, requesting declaratory relief, injunctive relief, coercive sanctions, costs, and expungement of his institutional disciplinary record. A month later, on February 20, the court entered an order requiring the RIDOC to show cause why it should not be held in contempt.

On November 22, 2019, Plaintiff moved to be designated as the successor class representative in Morris, and to have the American Civil Liberties Union be designated as class counsel. The court granted the motion the following month, and Judge McConnell was assigned to Morris as well.

On January 28, 2020, the court issued an order finding that the Morris Rules were in full force and the injunction had not been terminated. The district court also found that the RIDOC violated the Morris Rules when it unilaterally and without court permission substantively changed the Morris Rules. The district court ordered the RIDOC to reinstate the Morris Rules within 30 days, but denied Plaintiff further relief at the time. 498 F.Supp.3d 277.

A few days later, on January 31, the RIDOC moved to terminate the original Morris consent decree. On February 7, 2020, the court entered an order on the original Morris docket that stayed its January 28, 2020 order. Later that year, on August 31, the court denied the motion to terminate without prejudice, stating that the RIDOC could re-file it once discovery was over. The stay remained in effect.

Since January 2020, the parties have been involved in settlement discussions. The case is ongoing as of April 6, 2024.

Summary Authors

Elena Malik (2/17/2020)

Bansri Patel (2/26/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/8457721/parties/richard-paiva-v-rhode-island-department-of-corrections/

Judge(s)

Almond, Lincoln D. (Rhode Island)

Barron, David Jeremiah (Massachusetts)

Attorney for Plaintiff

Deyoe, Sonja L (Rhode Island)

Attorney for Defendant

Baum, Brenda D. (Rhode Island)

DiLibero, Nicole B. (Rhode Island)

Expert/Monitor/Master/Other

Judge(s)

Almond, Lincoln D. (Rhode Island)

Barron, David Jeremiah (Massachusetts)

Kayatta, William Joseph Jr. (Maine)

McConnell, John James Jr. (Rhode Island)

Smith, William E. (Rhode Island)

Thompson, Ojetta Rogeriee (Rhode Island)

Attorney for Plaintiff

Deyoe, Sonja L (Rhode Island)

Friedlander, Natalia N. (Rhode Island)

Labinger, Lynette J (Rhode Island)

Attorney for Defendant

Baum, Brenda D. (Rhode Island)

DiLibero, Nicole B. (Rhode Island)

Field, Michael W. (Rhode Island)

Grant, Michael (Rhode Island)

Haibon, Shannon L. (Rhode Island)

Kelly, Kathleen M. (Rhode Island)

Sullivan, Justin J (Rhode Island)

Other

Sevegny, Bryan (Rhode Island)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1:17-mc-00014	Docket	Jan. 31, 2020	Jan. 31, 2020 Docket
1 1:17-mc-00014	Appeal of Magistrates Decision	Feb. 24, 2017	Feb. 24, 2017 Pleading / Motion / Brief
22 1:17-mc-00014	Judgment In re: Richard Lee Pavia U.S. Court of Appeals for the First Circuit	Dec. 21, 2018	Dec. 21, 2018 Order/Opinion
71 1:17-mc-00014	Memorandum and Order	Jan. 28, 2020	Jan. 28, 2020 Order/Opinion 498 F.Supp.3d 277

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/8457721/richard-paiva-v-rhode-island-department-of-corrections/

Last updated April 3, 2026, 4:56 a.m.

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ECF Number	Date	Description	Link
1	Feb. 24, 2017	Appeal of Magistrate's Decision (Attachments: # 1 Letter)(Simoncelli, Michael) (Entered: 02/24/2017) 1 Letter View on RECAP	RECAP
	Feb. 24, 2017	TEXT ORDER: Richard Paiva is hereby ordered to resubmit the proposed "Motion for Further Relief" that the Court returned to him on January 26, 2017. This document shall be resubmitted to the Clerk of Court on or before March 17, 2017- So Ordered by District Judge John J. McConnell, Jr. on 2/24/2017. (Barletta, Barbara)
2	March 3, 2017	DOCKET NOTE: Proposed "Motion for Further Relief" submitted by Richard Paiva in accordance with the Court's 2/24/17 Text Order. (Simoncelli, Michael) (Entered: 03/03/2017)	RECAP
3	March 10, 2017	Letter to plaintiff from Judge McConnell regarding 1 Appeal of Magistrate decision (Barletta, Barbara) (Entered: 03/10/2017)	RECAP
4	March 21, 2017	MOTION to Alter Judgment Or in the Alternative, For Reconsideration filed by Richard Lee Paiva. Responses due by 4/4/2017. (McGuire, Vickie) (Entered: 03/21/2017)	RECAP
5	March 24, 2017	Letter from Richard Paiva. (McGuire, Vickie) (Entered: 03/27/2017)	RECAP
6	April 11, 2017	NOTICE OF APPEAL by Richard Lee Paiva 3 NOTICE TO COUNSEL: Counsel should register for a First Circuit CM/ECF Appellate Filer Account at http://pacer.psc.uscourts.gov/cmecf/. Counsel should also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at http://www.ca1.uscourts.gov/cmecf Appeal Record due by 4/18/2017. (McGuire, Vickie) (Entered: 04/12/2017)	RECAP
7	April 13, 2017	CLERK'S CERTIFICATE AND APPELLATE COVER SHEET: Abbreviated record on appeal consisting of notice of appeal, order(s) being appealed, and a certified copy of the district court docket report transmitted to the U.S. Court of Appeals for the First Circuit in accordance with 1st Cir. R. 11.0(b). 6 Notice of Appeal. Documents Sent: 6,3. (Attachments: # 1 Record on Appeal)(McGuire, Vickie) (Entered: 04/13/2017)	RECAP
	April 14, 2017	USCA Case Number 17-1375 for 6 Notice of Appeal, filed by Richard Lee Paiva. (McGuire, Vickie) Modified on 5/3/2017 (McGuire, Vickie).
	April 14, 2017	USCA Case Number
	April 20, 2017	TEXT ORDER: Mr. Paiva's 4 Motion to Alter Judgment or for Reconsideration is DENIED. The Magistrate Judge in his letter of January 26, 2017 (ECF No. 1-1) correctly instructed Mr. Paiva that if he believed that his rights have been violated by changes in the "Morris Rules" that the "proper way" to bring his issue before the Court would be to initiate a separate law suit, and not to file a "Motion for Further Relief" in a case that has been closed in this Court for 21 years (77-cv-486). - So Ordered by District Judge John J. McConnell, Jr. on 4/20/2017. (Barletta, Barbara)
	April 20, 2017	Order on Motion to Alter Judgment
8	April 24, 2017	Letter from Richard Paiva; Sent current docket sheet. (McGuire, Vickie) (Entered: 04/24/2017)	RECAP
9	May 1, 2017	Supplemental Record on Appeal transmitted to U.S. Court of Appeals for the First Circuit. 6 Notice of Appeal; Unrestricted Documents Sent: Text Order dated 4/20/17, 8 and 9. (Barletta, Barbara) (Entered: 05/01/2017)	RECAP
10	May 3, 2017	NOTICE OF APPEAL by Richard Lee Paiva as to Order on Motion to Alter Judgment,, NOTICE TO COUNSEL: Counsel should register for a First Circuit CM/ECF Appellate Filer Account at http://pacer.psc.uscourts.gov/cmecf/. Counsel should also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at http://www.ca1.uscourts.gov/cmecf Appeal Record due by 5/10/2017. (Attachments: # 1 Envelope)(McGuire, Vickie) (Entered: 05/03/2017)	RECAP
11	May 3, 2017	MOTION for Leave to Appeal in forma pauperis COA 17-1375 filed by Richard Lee Paiva. (Attachments: # 1 Account Statement, # 2 Envelope)(McGuire, Vickie) (Entered: 05/03/2017)	RECAP
12	May 3, 2017	Supplemental Record on Appeal transmitted to U.S. Court of Appeals for the First Circuit. 6 Notice of Appeal. Unrestricted Documents Sent: 11. (Attachments: # 1 Supplemental ROA)(McGuire, Vickie) (Entered: 05/03/2017)	RECAP
13	May 3, 2017	CLERK'S CERTIFICATE AND APPELLATE COVER SHEET: Abbreviated record on appeal consisting of notice of appeal, order(s) being appealed, and a certified copy of the district court docket report transmitted to the U.S. Court of Appeals for the First Circuit in accordance with 1st Cir. R. 11.0(b). 10 Notice of Appeal. Documents Sent: 10,4. (Attachments: # 1 ROA)(McGuire, Vickie) (Entered: 05/03/2017)	RECAP
14	May 8, 2017	Supplemental Record on Appeal transmitted to U.S. Court of Appeals for the First Circuit. 6 Notice of Appeal; Unrestricted Documents Sent: 11, Text Order and 14. (Barletta, Barbara) (Entered: 05/08/2017)	RECAP
	May 8, 2017	TEXT ORDER granting 11 Motion for Leave to Appeal in forma pauperis- So Ordered by District Judge John J. McConnell, Jr. on 5/8/2017. (Barletta, Barbara)
	May 8, 2017	Order on Motion for Leave to Appeal In Forma Pauperis
15	May 15, 2017	NOTICE OF APPEAL by Richard Lee Paiva as to Order on Motion to Alter Judgment, NOTICE TO COUNSEL: Counsel should register for a First Circuit CM/ECF Appellate Filer Account at http://pacer.psc.uscourts.gov/cmecf/. Counsel should also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at http://www.ca1.uscourts.gov/cmecf Appeal Record due by 5/22/2017. (McGuire, Vickie) (Entered: 05/16/2017)	RECAP
17	May 15, 2017	Letter from Richard Paiva. (Simoncelli, Michael) (Entered: 05/16/2017)	RECAP
16	May 16, 2017	CLERK'S CERTIFICATE AND APPELLATE COVER SHEET: Abbreviated record on appeal consisting of notice of appeal, order(s) being appealed, and a certified copy of the district court docket report transmitted to the U.S. Court of Appeals for the First Circuit in accordance with 1st Cir. R. 11.0(b). 15 Notice of Appeal. Documents Sent: 15. (Attachments: # 1 ROA)(McGuire, Vickie) (Entered: 05/16/2017)	RECAP
	May 16, 2017	USCA Case Number
	May 16, 2017	USCA Case Number 17-1511 for 10 Notice of Appeal. (Jackson, Kerrie)
18	May 18, 2017	Letter from Clerk's Office to Richard Paiva (Attachments: # 1 Requested Document) (Simoncelli, Michael) (Entered: 05/18/2017)	RECAP
	May 18, 2017	DOCKET NOTE: Regarding: 15 Notice of Appeal: Per Court of Appeals email of 5/16/2017, the court is not going to open this second Revised Notice of Appeal as a new case. (McGuire, Vickie)
	May 18, 2017	Public Docket Note
19	July 31, 2017	ORDER of the U.S. Court of Appeals for the First Circuit entered as to 10 Notice of Appeal,, filed by Richard Lee Paiva. (McGuire, Vickie) (Entered: 07/31/2017)	RECAP
20	Oct. 11, 2017	JUDGMENT of the U.S. Court of Appeals for the First Circuit entered as to 6 Notice of Appeal. Upon consideration of petitioner=s unopposed motion, it is hereby ordered that this case be voluntarily dismissed. (Jackson, Kerrie) (Entered: 10/11/2017)	RECAP
21	Oct. 11, 2017	MANDATE of the U.S. Court of Appeals for the First Circuit issued as to and in accordance with 6 Notice of Appeal. In accordance with the judgment of October 6, 2017, and pursuant to Federal Rule of Appellate Procedure 41(a), this constitutes the formal mandate of this Court. (Jackson, Kerrie) (Entered: 10/11/2017)	RECAP
22	Dec. 21, 2018	JUDGMENT of the U.S. Court of Appeals for the First Circuit entered as to 10 Notice of Appeal filed by Richard Lee Paiva vacating the denial of appellant's motion for further relief and remanding for further proceedings. On remand, the district court shall order RIDOC to file a response to appellant's motion. (Simoncelli, Michael) (Entered: 12/26/2018)	RECAP
	Dec. 27, 2018	Public Docket Note
	Dec. 27, 2018	Order
	Dec. 27, 2018	TEXT ORDER: The R.I. Department of Corrections shall respond to Mr. Paiva's 2 and 4 Motion for Further Relief on or before January 28, 2019 - So Ordered by District Judge John J. McConnell, Jr. on 12/27/2018 (Barletta, Barbara)
	Dec. 27, 2018	DOCKET NOTE: Mailed 12/27/18 Text Order and Plaintiff's Motions to Department of Corrections, Office of Legal Counsel, 40 Howard Avenue, Cranston, RI 02920 (Barletta, Barbara)
23	Jan. 7, 2019	MOTION to Amend/Correct 2 Public Docket Note, 4 MOTION to Alter Judgment Or in the Alternative, For Reconsideration filed by Richard Lee Paiva. Responses due by 1/22/2019. (McGuire, Vickie) (Entered: 01/07/2019)	RECAP
24	Jan. 15, 2019	MANDATE of the U.S. Court of Appeals for the First Circuit issued as to and in accordance with 22 Judgment of the U.S. Court of Appeals for the First Circuit. (Potter, Carrie) (Entered: 01/15/2019)	RECAP
	Jan. 17, 2019	TEXT ORDER granting 23 Motion to Supplement 4 Motion- So Ordered by District Judge John J. McConnell, Jr. on 1/17/2019. (Barletta, Barbara)
25	Jan. 25, 2019	Amended MOTION Further Relief;Motion for Contempt re: 2 Public Docket Note, 4 MOTION to Alter Judgment Or in the Alternative, For Reconsideration filed by Richard Lee Paiva. Responses due by 2/8/2019. (Attachments: # 1 Supporting Memorandum, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Letter, # 8 Envelope)(Simoncelli, Michael) (Entered: 01/25/2019) 1 Supporting Memorandum View on PACER 2 Exhibit 1 View on PACER 3 Exhibit 2 View on PACER 4 Exhibit 3 View on PACER 5 Exhibit 4 View on PACER 6 Exhibit 5 View on PACER 7 Letter View on PACER 8 Envelope View on PACER	RECAP
26	Jan. 25, 2019	MOTION for Order to Show Cause filed by Richard Lee Paiva. Responses due by 2/8/2019. (Attachments: # 1 Proposed Order, # 2 Letter, # 3 Envelope)(Simoncelli, Michael) (Entered: 01/25/2019) 1 Proposed Order View on PACER 2 Letter View on PACER 3 Envelope View on PACER	RECAP
27	Jan. 28, 2019	RESPONSE In Opposition to 4 MOTION to Alter Judgment Or in the Alternative, For Reconsideration filed by Rhode Island Department of Corrections. Replies due by 2/4/2019. (Attachments: # 1 Exhibit Heon v. Vose)(Grant, Michael) (Entered: 01/28/2019) 1 Exhibit Heon v. Vose View on PACER	RECAP
28	Feb. 7, 2019	REPLY to Response re 27 Response to Motion, filed by Richard Lee Paiva. (McGuire, Vickie) (Entered: 02/08/2019)	RECAP
29	Feb. 20, 2019	ORDER TO SHOW CAUSE entered. Show Cause Hearing set for Tuesday, 3/12/2019 at 10:00 AM before District Judge John J. McConnell, Jr.; Court to initiate call - So Ordered by District Judge John J. McConnell, Jr. on 2/20/2019. (Barletta, Barbara) (Entered: 02/20/2019)	RECAP
30	Feb. 20, 2019	Letter from Richard Paiva: Mailed current docket sheet & ECF#29. (McGuire, Vickie) (Entered: 02/21/2019)	RECAP
	Feb. 20, 2019	REVISED NOTICE of Hearing: Show Cause Hearing is RESCHEDULED to Thursday, 3/14/2019 at 10:00 AM before District Judge John J. McConnell, Jr.; Court to initiate call.(Barletta, Barbara)
	Feb. 26, 2019	REVISED NOTICE of Hearing:TELEPHONIC Show Cause Hearing is RESCHEDULED to Tuesday, 3/26/2019 at 02:00 PM before District Judge John J. McConnell, Jr.; Court to initiate the call (Barletta, Barbara)
31	Feb. 28, 2019	SUPPLEMENTAL MEMORANDUM by Richard Lee Paiva in support of 25 Amended MOTION Further Relief;Motion for Contempt re: 2 Public Docket Note, 4 MOTION to Alter Judgment Or in the Alternative, For Reconsideration. (McGuire, Vickie) (Entered: 02/28/2019)	RECAP
32	March 1, 2019	RESPONSE In Opposition to 25 Amended MOTION Further Relief;Motion for Contempt re: 2 Public Docket Note, 4 MOTION to Alter Judgment Or in the Alternative, For Reconsideration filed by All Defendants. Replies due by 3/8/2019. (Grant, Michael) (Entered: 03/01/2019)	RECAP
33	March 1, 2019	MOTION for Leave to File Document filed by All Defendants. Responses due by 3/15/2019. (Grant, Michael) (Entered: 03/01/2019)	RECAP
	March 5, 2019	Order on Motion for Leave to File
	March 5, 2019	TEXT ORDER granting 33 Motion for Leave to File supplemental memorandum- So Ordered by District Judge John J. McConnell, Jr. on 3/5/2019. (Barletta, Barbara)
34	March 12, 2019	REPLY to Response re 32 Response to Motion, filed by Richard Lee Paiva. (Attachments: # 1 Letter & Envelope)(McGuire, Vickie) (Entered: 03/12/2019)	RECAP
35	March 13, 2019	SUPPLEMENTAL MEMORANDUM by All Defendants in support of Order to show cause. (Attachments: # 1 Exhibit)(Grant, Michael) (Entered: 03/13/2019)	RECAP
36	March 19, 2019	Writ of Habeas Corpus ad Testificandum Issued as to Richard Lee Paiva for March 26, 2019. (Barletta, Barbara) (Entered: 03/19/2019)	RECAP
	March 19, 2019	Notice of Hearing (Form Attached)
	March 19, 2019	REVISED NOTICE of Hearing: Show Cause Hearing set for Tuesday, 3/26/2019 at 02:00 PM in Courtroom 1 before District Judge John J. McConnell, Jr.; PLEASE NOTE THAT THIS IS NO LONGER A TELEPHONIC HEARING (Barletta, Barbara)
37	March 21, 2019	RESPONSE IN OPPOSITION by Richard Lee Paiva re 35 Supplemental Memorandum in Support. (McGuire, Vickie) (Entered: 03/22/2019)	RECAP
	March 26, 2019	Show Cause Hearing
	March 26, 2019	Minute Entry for proceedings held before District Judge John J. McConnell, Jr.: Show Cause Hearing held on 3/26/2019. Richard Paiva Pro Se Plaintiff. Michael Grant for Defendant. Pro Se Defendant present. Court questions Defendant & Plaintiff. Court to continue hearing for a few weeks. Plaintiff remanded. Court adjourned. (Court Reporter Karen Wischnowsky in Courtroom 1 at 2:05 pm.) (McGuire, Vickie)
38	March 27, 2019	TRANSCRIPT ORDER for proceedings held on 3/26/2019 before Judge McConnell. Ordinary Transcript delivery selected. Transcript to be delivered in 30 days.. (Grant, Michael) (Entered: 03/27/2019)	RECAP
39	March 28, 2019	Writ of Habeas Corpus ad Testificandum Issued as to Richard Lee Paiva for Tuesday, April 30, 2019. (Urizandi, Nisshy) (Entered: 03/28/2019)	RECAP
40	March 28, 2019	TRANSCRIPT ORDER ACKNOWLEDGMENT Entered re: 38 Transcript Order. Court Reporter/Transcriber: Karen Wischnowsky. (Simoncelli, Michael) (Entered: 03/28/2019)	RECAP
	March 28, 2019	Notice of Hearing (Form Attached)
	March 28, 2019	NOTICE of Hearing: Continuation of Hearing on ECF Nos. 4 MOTION to Alter Judgment Or in the Alternative, For Reconsideration, 25 Amended MOTION Further Relief; Motion for Contempt, and 26 MOTION for Order to Show Cause, set for Tuesday, 4/30/2019 at 10:00 AM in Courtroom 1 before District Judge John J. McConnell, Jr. (Urizandi, Nisshy)
41	April 2, 2019	SUPPLEMENTAL MEMORANDUM by Richard Lee Paiva in support of 25 Amended MOTION Further Relief;Motion for Contempt re: 2 Public Docket Note, 4 MOTION to Alter Judgment Or in the Alternative, For Reconsideration. (McGuire, Vickie) (Entered: 04/02/2019)	RECAP
42	April 5, 2019	Letter from Richard Paiva. (McGuire, Vickie) (Entered: 04/05/2019)	RECAP
43	April 5, 2019	AMENDED Writ of Habeas Corpus ad Testificandum Issued as to Richard Lee Paiva for 4/30/2019. (Urizandi, Nisshy) (Main Document 43 replaced on 4/9/2019) (Urizandi, Nisshy). (Entered: 04/05/2019)	RECAP
44	April 12, 2019	TRANSCRIPT of Show Cause Hearing held on March 26, 2019, before Judge John J. McConnell, Jr. Court Reporter Karen Wischnowsky, Telephone number (401) 752-7045. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter or PACER. NOTICE TO COUNSEL: Redaction Requests must be filed for personal identifiers only. All other redactions must be requested by motion. For local policy and sample redaction request visit our website at www.rid.uscourts.gov and select Transcripts under the Case Information menu option. Redaction Request due 5/3/2019. Redacted Transcript Deadline set for 5/13/2019. Release of Transcript Restriction set for 7/11/2019. (Wischnowsky, Karen) (Entered: 04/12/2019)	RECAP
45	April 17, 2019	MOTION to Continue filed by All Defendants. Responses due by 5/1/2019. (Grant, Michael) (Entered: 04/17/2019)	RECAP
46	April 17, 2019	NOTICE of Appearance by Justin J. Sullivan on behalf of Rhode Island Department of Corrections (Sullivan, Justin) (Entered: 04/17/2019)	RECAP
47	April 17, 2019	NOTICE of Appearance by Michael W. Field on behalf of Rhode Island Department of Corrections (Field, Michael) (Entered: 04/17/2019)	RECAP
48	April 18, 2019	Writ of Habeas Corpus ad Testificandum Issued as to Richard Lee Paiva for 5/15/19. (Barletta, Barbara) (Entered: 04/18/2019)	RECAP
	April 18, 2019	Notice of Hearing (Form Attached)
	April 18, 2019	Order on Motion to Continue
	April 18, 2019	TEXT ORDER granting 45 Motion to Continue hearing- So Ordered by District Judge John J. McConnell, Jr. on 4/18/2019. (Barletta, Barbara)
	April 18, 2019	REVISED NOTICE of Hearing: Show Cause Hearing is RESCHEDULED to Wednesday, 5/15/2019 at 02:00 PM in Courtroom 1 before District Judge John J. McConnell, Jr.(Barletta, Barbara)
49	April 22, 2019	RESPONSE In Opposition to 45 MOTION to Continue filed by Richard Lee Paiva. Replies due by 4/29/2019. (McGuire, Vickie) (Entered: 04/22/2019)	RECAP
50	April 22, 2019	MOTION to Appoint Counsel filed by Richard Lee Paiva. Responses due by 5/6/2019. (McGuire, Vickie) (Entered: 04/22/2019)	RECAP
51	May 6, 2019	RESPONSE In Opposition to 50 MOTION to Appoint Counsel filed by Rhode Island Department of Corrections. Replies due by 5/13/2019. (Sullivan, Justin) (Entered: 05/06/2019)	RECAP
52	May 6, 2019	MEMORANDUM IN SUPPORT by Rhode Island Department of Corrections in support of 51 Response to Motion (Barletta, Barbara) (Entered: 05/06/2019)	RECAP
53	May 8, 2019	RESPONSE TO ORDER TO SHOW CAUSE by Rhode Island Department of Corrections. (Attachments: # 1 Exhibit Transcript)(Grant, Michael) (Entered: 05/08/2019) 1 Exhibit Transcript View on PACER	RECAP
54	May 13, 2019	RESPONSE IN OPPOSITION by Richard Lee Paiva re 53 Response to Order to Show Cause. (McGuire, Vickie) (Entered: 05/13/2019)	RECAP
55	May 15, 2019	REPLY to Response re 32 Response to Motion, filed by Richard Lee Paiva. (Attachments: # 1 Exhibit)(McGuire, Vickie) (Entered: 05/15/2019)	RECAP
56	May 15, 2019	Oral MOTION For Costs filed by Richard Lee Paiva. Responses due by 5/29/2019. (McGuire, Vickie) (Entered: 05/15/2019)	RECAP
	May 15, 2019	Order on Motion to Appoint Counsel
	May 15, 2019	Motion Hearing
	May 15, 2019	Minute Entry for proceedings held before District Judge John J. McConnell, Jr.: Motion Hearing held on 5/15/2019 re 50 MOTION to Appoint Counsel filed by Richard Lee Paiva, 26 MOTION for Order to Show Cause filed by Richard Lee Paiva. Richard Paiva Pro Se Plaintiff. Michael Grant, Justin Sullivan & Michael Field for Defendant. Pro Se Plaintiff & Defendant present arguments to the Court. Plaintiff presents Oral Motion for Costs. For reasons stated in today's hearing, the Court denied ECF #50. Court to take under advisement. Clerk to docket Plaintiff's Reply. Plaintiff remanded. Court adjourned. (Court Reporter Karen Wischnowsky in Courtroom 1 at 2:00 pm.) (McGuire, Vickie)
	May 15, 2019	ORAL ORDER: For reasons stated in today's hearing, the Court denied 50 Motion to Appoint Counsel. - So Ordered by District Judge John J. McConnell, Jr. on 5/15/2019. (McGuire, Vickie)
57	Aug. 14, 2019	Letter from Richard Paiva requesting docket sheet. Docket sheet forwarded. (Attachments: # 1 Envelope) (Barbour, Travis) (Entered: 08/14/2019)	RECAP
58	Nov. 4, 2019	Letter from Richard Paiva requesting docket sheet. Docket sheet forwarded. (Hicks, Alyson) (Entered: 11/04/2019)	RECAP
59	Nov. 22, 2019	NOTICE of Appearance by Lynette J. Labinger on behalf of Richard Lee Paiva (Labinger, Lynette) (Entered: 11/22/2019)	RECAP
60	Nov. 22, 2019	MOTION to Intervene as successor class representative, MOTION to Substitute Attorney Labinger and Deyoe as successor Class Counsel filed by Richard Lee Paiva. Responses due by 12/6/2019. (Labinger, Lynette) (Entered: 11/22/2019)	RECAP
61	Nov. 23, 2019	NOTICE of Appearance by Sonja L. Deyoe on behalf of All Plaintiffs (Deyoe, Sonja) (Entered: 11/23/2019)	RECAP
62	Nov. 25, 2019	TRANSCRIPT ORDER for proceedings held on 05/15/2019 before Judge J. McConnell. Ordinary Transcript delivery selected. Transcript to be delivered in 30 days.. (Deyoe, Sonja) (Entered: 11/25/2019)	RECAP
63	Nov. 26, 2019	TRANSCRIPT ORDER ACKNOWLEDGMENT Entered re: 62 Transcript Order. Court Reporter/Transcriber: Karen Wischnowsky. (Dias, Jennifer) (Entered: 11/26/2019)	RECAP
64	Dec. 4, 2019	MOTION for an Extension of Time to File Response/Reply as to 60 MOTION to Intervene as successor class representative MOTION to Substitute Attorney Labinger and Deyoe as successor Class Counsel filed by All Defendants. Responses due by 12/18/2019. (Grant, Michael) (Entered: 12/04/2019)	RECAP
	Dec. 5, 2019	Order on Motion for Extension of Time to File Response/Reply
	Dec. 5, 2019	TEXT ORDER granting 64 Motion for Extension of Time to File Response to 60 MOTION to Intervene as successor class representative MOTION to Substitute Attorney Labinger and Deyoe as successor Class Counsel - Response due by 12/13/2019. So Ordered by Chief Judge John J. McConnell, Jr. on 12/5/2019. (Barletta, Barbara)

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Case Details

State / Territory:

Rhode Island

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Jan. 16, 2017

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

An inmate held in maximum security at the Rhode Island Adult Correctional Institution and subject to disciplinary action by the Rhode Island Department of Corrections.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

ACLU National (all projects)

Public Interest Lawyer: Yes

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

Rhode Island Department of Corrections

Defendant Type(s):

Corrections

Jurisdiction-wide

Facility Type(s):

Government-run

Case Details

Causes of Action:

State law

Other Dockets:

District of Rhode Island 1:17-mc-00014

District of Rhode Island 1:69-cv-04192

U.S. Court of Appeals for the First Circuit 17-01511

U.S. Court of Appeals for the First Circuit 17-01375

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Declaratory Judgment

Source of Relief:

Litigation

Issues

General/Misc.:

Classification / placement

Conditions of confinement

Disciplinary procedures

Affected Sex/Gender(s):

Male

Jails, Prisons, Detention Centers, and Other Institutions:

Disciplinary segregation

Recommended Citation

Case Summary of Paiva v. Rhode Island Department of Corrections, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/17387/ (last updated 2/26/2024).

Case: Paiva v. Rhode Island Department of Corrections

1:17-mc-00014 | U.S. District Court for the District of Rhode Island

Case Summary

Related Cases

People

Documents in the Clearinghouse

Docket

Case Details