Case: Smith v. Dewine

2:20-cv-02471 | U.S. District Court for the Southern District of Ohio

Filed Date: May 15, 2020

Closed Date: Dec. 3, 2020

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Case Summary

This putative class action lawsuit was filed on May 15, 2020 in the U.S. District Court for the Southern District of Ohio, Eastern Division. The suit was brought by four prisoners in the Ohio state prison system (two in the Marion Correctional Institute, one in the Allen Correctional Institute, and another in the Richland Correctional Institute). Represented by private counsel, they brought this suit against Governor Mike DeWine and Annette Chambers-Smith, the Director of the Ohio Department of…

The plaintiffs sued under federal law, 42 U.S.C. § 1983 and 28 U.S.C. §§ 2201-2202, and the Ohio Constitution, seeking relief based on deprivations of their Eighth and Sixth Amendment rights. The suit alleged that the Department had insufficient capacity to prevent and treat COVID-19 and the failure to implement preventative measures and appropriate medical care led to an exponential increase in infections across the state's prison system. They also alleged that the Department failed to institute a policy that would enable attorneys to effectively communicate with their clients while in-person visitation was suspended. The prisoners requested declaratory and injunctive relief, including release for a certain category of prisoners and adequate COVID-19 prevention, testing, and care, as well as attorneys' fees and costs. The prisoners alleged that as of May 2020, the Department has reported "that of 7,536 tests given, 4,439 have been positive... 59% of the tests given," and that 49 prisoners have died as a result of COVID-19 while in the custody of the Department. The case was assigned to Magistrate Judge Kimberly A. Jolson, and then later Judge Edmund A. Sargus.

On June 19, the prisoners filed a motion for a preliminary injunction to prohibit defendants from violating their constitutional rights by withholding protective measures and care necessary to protect their health.

On June 26 and June 30, both defendants independently filed motions to dismiss for failure to state a claim and lack of jurisdiction.

On August 3, Judge Sargus issued an opinion and order that denied the prisoners' motion for a preliminary injunction, granted the defendants' motion to dismiss in part as to the claims under state law and against the Governor, but allowed the constitutional claims to go forward against the Director of the Department. 2020 WL 4436362. Judge Sargus denied the motion for preliminary injunction because the evidence presented failed to show that the Department displayed deliberate indifference when responding to the risk. Defendants provided evidence "showing [they] reasonably sought to implement responsive actions to the spread of the virus in accordance with CDC guidelines." Judge Sargus also noted that the prisoners had failed to identify any ongoing litigation they were involved in that would implicate a Sixth Amendment right to counsel and also failed to provide substantial evidence of denial of access to counsel.

On November 13, the prisoners filed a notice of voluntary dismissal. The case was dismissed without prejudice on December 3, 2020.

Summary Authors

Chandler Hart-McGonigle (11/27/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17168599/parties/smith-v-dewine/

Judge(s)

Jolson, Kimberly A (Ohio)

Attorney for Plaintiff

Kendall, Kimberly (Ohio)

Attorney for Defendant

Bradford, Tracy L (Ohio)

Holscher, Zachary M (Ohio)

Madden, Thomas E (Ohio)

Judge(s)

Jolson, Kimberly A (Ohio)

Sargus, Edmund A. Jr. (Ohio)

Attorney for Plaintiff

Kendall, Kimberly (Ohio)

Patituce, Megan Marie (Ohio)

Patituce, Joseph C (Ohio)

Attorney for Defendant

Bradford, Tracy L (Ohio)

Holscher, Zachary M (Ohio)

Madden, Thomas E (Ohio)

Pfeiffer, Julie M (Ohio)

Schneider, Charles Allen (Ohio)

Turner, Byron D (Ohio)

Walton, Michael Allan (Ohio)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

2:20-cv-02471	Docket [PACER] Smith v. DeWine	Dec. 3, 2020	Dec. 3, 2020 Docket
1 2:20-cv-02471	Complaint Smith v. DeWine	May 15, 2020	May 15, 2020 Complaint
13 2:20-cv-02471	Plaintiffs' Motion and Memorandum of Law in Support of Plaintiffs' Motion for Preliminary Injunction Smith v. DeWine	June 19, 2020	June 19, 2020 Pleading / Motion / Brief
40 2:20-cv-02471	Opinion and Order Smith v. DeWine	Aug. 3, 2020	Aug. 3, 2020 Order/Opinion 476 F.Supp.3d 635

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/17168599/smith-v-dewine/

Last updated April 9, 2026, 5:22 a.m.

ECF Number	Date	Description	Link
1	May 15, 2020	COMPLAINT with JURY DEMAND against All Defendants ( Filing fee $ 400 paid - receipt number: 0648-7468158), filed by Travis Williams, Ashunte Smith, Christopher Martin, Kaiqin Wang. (Attachments: # 1 Civil Cover Sheet Cover Sheet, # 2 Summons Form Summons, # 3 Summons Form Summons) (Patituce, Joseph) (Entered: 05/15/2020) 1 Civil Cover Sheet Cover Sheet View on PACER 2 Summons Form Summons View on PACER 3 Summons Form Summons View on PACER	RECAP
2	May 18, 2020	NOTICE OF NON-ISSUANCE OF SUMMONS. (daf) (Entered: 05/18/2020)	RECAP
3	May 19, 2020	REQUEST for Issuance of Summons. (Patituce, Joseph) (Entered: 05/19/2020)	RECAP
4	May 19, 2020	REQUEST for Issuance of Summons. (Patituce, Joseph) (Entered: 05/19/2020)	RECAP
5	May 19, 2020	Notice by Clerk of Southern District of Ohio of Pro Hac Vice Rules as to Attorney Megan M. Patituce (daf) (Entered: 05/19/2020)	RECAP
6	May 20, 2020	Summons Issued as to Annette Chambers-Smith, and Mike DeWine. (daf) (Entered: 05/20/2020)	RECAP
7	May 29, 2020	CERTIFICATE of Mailing by Clerk. The Clerk of the United States District Court, Southern District of Ohio, mailed a copy of the Summons and Complaint via certified mail on May 29, 2020 to the following Defendants: Mike DeWine,Riffe Center, 30th floor, 77 South High Street, Columbus, Ohio 43215(7019 2970 0000 7294 2780) and Annette Chambers-Smith, ODRC,4545 Fisher Road, Ste D, Columbus, Ohio 43228(7019 2970 0000 7294 2773). (mdr) (Entered: 05/29/2020)	RECAP
8	June 8, 2020	SUMMONS Returned Executed as to Defendant Mike DeWine. The Defendant was served on 6/3/2020, answer due 6/24/2020. (daf) (Entered: 06/09/2020)	RECAP
9	June 11, 2020	SUMMONS Returned Executed as to Defendant Annette Chambers-Smith. The Defendant was served on 6/5/2020, answer due 6/26/2020. (daf) (Entered: 06/15/2020)	RECAP
10	June 16, 2020	NOTICE of Appearance by Michael Allan Walton for Defendant Mike DeWine (Walton, Michael) (Entered: 06/16/2020)	RECAP
11	June 16, 2020	NOTICE of Appearance by Zachary M. Holscher for Defendant Mike DeWine (Holscher, Zachary) (Entered: 06/16/2020)	RECAP
12	June 18, 2020	NOTICE of Hearing: Pretrial Conference set for 7/16/2020 @ 1:45 PM before Magistrate Judge Kimberly A. Jolson. (jr) (Entered: 06/18/2020)	RECAP
13	June 19, 2020	MOTION for Preliminary Injunction by Plaintiffs Christopher Martin, Ashunte Smith, Kaiqin Wang, Travis Williams. (Patituce, Joseph) (Entered: 06/19/2020)	RECAP
14	June 22, 2020	NOTICE of Appearance by Thomas E Madden for Defendant Annette Chambers-Smith (Madden, Thomas) (Entered: 06/22/2020)	RECAP
15	June 22, 2020	NOTICE of Appearance by Megan Marie Patituce for Plaintiffs Christopher Martin, Ashunte Smith, Kaiqin Wang, Travis Williams (Patituce, Megan) (Entered: 06/22/2020)	RECAP
16	June 22, 2020	NOTICE of Appearance by Tracy L Bradford for Defendant Annette Chambers-Smith (Bradford, Tracy) (Entered: 06/22/2020)	RECAP
17	June 22, 2020	NOTICE of Hearing: Rule 65.1 Telephone Conference set for 6/23/2020 at 10:00 AM via Teleconference before Judge Edmund A. Sargus. (cmw) (Entered: 06/22/2020)	RECAP
18	June 23, 2020	NOTICE of Appearance by Julie M Pfeiffer for Defendant Mike DeWine (Pfeiffer, Julie) (Entered: 06/23/2020)	RECAP
19	June 23, 2020	Minute Entry for proceedings held before Judge Edmund A. Sargus: Rule 65.1 Telephone Conference held on 6/23/2020. (Court Reporter: Darla Coulter) (cmw) (Entered: 06/23/2020)	RECAP
20	June 23, 2020	ORDER - Defendants Motion to Dismiss and Response to Plaintiffs Motion for Preliminary Injunction ECF No. 13 shall be submitted in seven (7) days. Plaintiffs Reply shall be submitted seven (7) days after Defendants file their Motions to Dismiss and Responses. Signed by Judge Edmund A. Sargus on 6/23/2020. (cmw) (Entered: 06/23/2020)	RECAP
	June 23, 2020	NOTICE TERMINATING DEADLINES/HEARINGS
	June 23, 2020	NOTICE TERMINATING DEADLINES/HEARINGS - The Preliminary Pretrial Conference set for 7/16/20 is VACATED. (jr)
	June 23, 2020	Status Conference
	June 23, 2020	Notice Terminating Deadlines/Hearings
21	June 26, 2020	NOTICE of Appearance by Byron D. Turner for Defendant Annette Chambers-Smith (Turner, Byron) (Entered: 06/26/2020)	RECAP
22	June 26, 2020	NOTICE of Appearance by Charles Allen Schneider for Defendant Annette Chambers-Smith (Schneider, Charles) (Entered: 06/26/2020)	RECAP
23	June 26, 2020	MOTION to Dismiss by Defendant Annette Chambers-Smith. (Madden, Thomas) (Entered: 06/26/2020)	RECAP
24	June 26, 2020	MOTION for Extension of Time to File Response/Reply New date requested 7/6/2020. by Plaintiffs Christopher Martin, Ashunte Smith, Kaiqin Wang, Travis Williams. (Patituce, Joseph) (Entered: 06/26/2020)	RECAP
25	June 29, 2020	ORDER granting 24 Motion for Extension of Time to File Response/Reply. Plaintiffs shall file their response by July 6, 2020. Signed by Judge Edmund A. Sargus on 6/29/2020. (cmw) (Entered: 06/29/2020)	RECAP
26	June 30, 2020	MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, MOTION to Dismiss for Lack of Jurisdiction Defendant Ohio Governor Mike Dewines Combined Motion To Dismiss And Memorandum In Opposition To Plaintiffs Motion For Preliminary Injunction ( Responses due by 7/21/2020) by Defendant Mike DeWine. (Walton, Michael) (Entered: 06/30/2020)	RECAP
27	June 30, 2020	RESPONSE in Opposition re 13 MOTION for Preliminary Injunction filed by Defendant Annette Chambers-Smith. (Attachments: # 1 Exhibit A Declaration of Director Chambers-Smith, # 2 Exhibit B Declaration of Asst. Chief Inspector Riehle, # 3 Exhibit C Declaration of Eller, RN, # 4 Exhibit D Declaration of Rossi Azmoun, # 5 Exhibit E Declaration of Audrie Bender, # 6 Exhibit F Declaration of Christine Borkosky, # 7 Exhibit G Declaration of Michell Dunkle, # 8 Exhibit H Declaration of Joanna Factor, # 9 Exhibit I Declaration of Katherine Hamilton) (Madden, Thomas) (Entered: 06/30/2020)	RECAP
28	July 1, 2020	MOTION for Extension of Time New date requested 7/1/2020. to file attachments to Director Chambers-Smith's Declaration by Defendant Annette Chambers-Smith. (Madden, Thomas) (Entered: 07/01/2020)	RECAP
29	July 1, 2020	ORDER granting 28 Motion for Extension of Time. Signed by Judge Edmund A. Sargus on 7/1/2020. (cmw) (Entered: 07/01/2020)	RECAP
30	July 1, 2020	MOTION for Leave to File manually, on disc, attachments to Exhibit A - Director Chamber-Smith's Declaration (Doc. 27-1) by Defendant Annette Chambers-Smith. (Attachments: # 1 Text of Proposed Order proposed Order) (Madden, Thomas) (Entered: 07/01/2020)	RECAP
31	July 2, 2020	Second MOTION for Extension of Time New date requested 7/21/2020. by Plaintiffs Christopher Martin, Ashunte Smith, Kaiqin Wang, Travis Williams. (Patituce, Joseph) (Entered: 07/02/2020)	RECAP
32	July 2, 2020	NOTATION ORDER - For good cause shown, Defendant Chambers-Smith's Motion for Leave to Manually File (Doc. 30 ) is GRANTED, and counsel is permitted file the documents described in the motion manually with the Clerk's Office. Signed by Magistrate Judge Kimberly A. Jolson on 7/2/20. (jr) (Entered: 07/02/2020)	RECAP
33	July 2, 2020	MOTION for Leave to File and substitute Exhibit G with attachments by Defendant Annette Chambers-Smith. (Attachments: # 1 Exhibit G - Michelle Dunkle's Declaration with attachments, # 2 Text of Proposed Order) (Madden, Thomas) (Entered: 07/02/2020)	RECAP
	July 2, 2020	Remark
	July 2, 2020	***Clerk is in receipt of 4 disc concerning doc 27-1 from the Office of the Attorney General. (er)
	July 2, 2020	Order on Motion for Leave to File
34	July 6, 2020	ORDER Granting ECF No. 30 Plaintiffs Motion for Leave to File Attachments to Exhibits in Support of Its Response in Opposition. Signed by Judge Edmund A. Sargus on 7/6/2020. (cmw) (Entered: 07/06/2020)	RECAP
35	July 6, 2020	ORDER granting 31 Plaintiffs Motion to Consolidate and Extend Filing Deadlines. Plaintiffs shall file their responses to the pending motions by July 14, 2020. Signed by Judge Edmund A. Sargus on 7/6/2020. (cmw) (Entered: 07/06/2020)	RECAP
36	July 6, 2020	ORDER granting 33 Motion for Leave to File Attachments to Exhibit G in Support of Response in Opposition to Motion for Preliminary Injunction. Signed by Judge Edmund A. Sargus on 7/6/2020. (cmw) (Entered: 07/06/2020)	RECAP
37	July 14, 2020	RESPONSE to Motion re 23 MOTION to Dismiss, 26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction Defendant Ohio Governor Mike Dewines Combined Motion To Dismiss And Memorandum In Opposition To Plaintiffs Motion For Preliminary Injunction filed by Plaintiffs Christopher Martin, Ashunte Smith, Kaiqin Wang, Travis Williams. (Attachments: # 1 Exhibit Declarations, # 2 Exhibit Reprieves, # 3 Exhibit Additional Documents, # 4 Affidavit McCort Affidavit, # 5 Affidavit Witchey Affidavit, # 6 Affidavit Corral Affidavit) (Patituce, Joseph) (Entered: 07/14/2020)	RECAP
38	July 21, 2020	REPLY to Response to Motion re 26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction Defendant Ohio Governor Mike Dewines Combined Motion To Dismiss And Memorandum In Opposition To Plaintiffs Motion For Preliminary Injunction filed by Defendant Mike DeWine. (Walton, Michael) (Entered: 07/21/2020)	RECAP
39	July 21, 2020	REPLY to Response to Motion re 23 MOTION to Dismiss filed by Defendant Annette Chambers-Smith. (Madden, Thomas) (Entered: 07/21/2020)	RECAP
40	Aug. 3, 2020	OPINION AND ORDER denying 13 Plaintiffs' Motion for Preliminary Injunction; granting in part and denying in part 23 Director's Motion to Dismiss and granting 26 The Governor's Motion to Dismiss. Governor Mike DeWine is terminated from this case. Signed by Judge Edmund A. Sargus on 8/3/2020. (cmw) (Entered: 08/03/2020)	RECAP
41	Aug. 14, 2020	Unopposed MOTION for Extension of Time to File Answer re 1 Complaint, New date requested 8/24/2020. by Defendant Annette Chambers-Smith. (Madden, Thomas) (Entered: 08/14/2020)	RECAP
42	Aug. 17, 2020	NOTATION ORDER - Defendant Chambers-Smith's Unopposed Motion for Extension (Doc. 41 ) is GRANTED, and Defendant shall have until August 24, 2020, to respond to the Complaint. Signed by Magistrate Judge Kimberly A. Jolson on 8/17/20. (jr) (Entered: 08/17/2020)	RECAP
	Aug. 17, 2020	Order on Motion for Extension of Time to Answer
43	Aug. 24, 2020	Defendant Chambers-Smith's ANSWER to 1 Complaint, filed by Annette Chambers-Smith. (Madden, Thomas) (Entered: 08/24/2020)	RECAP
44	Nov. 13, 2020	NOTICE of Voluntary Dismissal by Plaintiffs Christopher Martin, Ashunte Smith, Kaiqin Wang, Travis Williams (Patituce, Joseph) (Entered: 11/13/2020)	RECAP
45	Nov. 17, 2020	NOTATION ORDER - The notice of dismissal (Doc. 44 ) does not comply with this Court's Local Rules. Plaintiffs shall file a proper stipulation of dismissal within fourteen (14) days of the date of this Order. Signed by Magistrate Judge Kimberly A. Jolson on 11/17/20. (jr) (Entered: 11/17/2020)	RECAP
	Nov. 17, 2020	Order
46	Nov. 30, 2020	NOTICE of Voluntary Dismissal by Plaintiffs Christopher Martin, Ashunte Smith, Kaiqin Wang, Travis Williams (Patituce, Joseph) (Entered: 11/30/2020)	RECAP
47	Dec. 2, 2020	RESPONSE re 46 NOTICE of Voluntary Dismissal filed by Defendant Annette Chambers-Smith. (Madden, Thomas) Modified on 12/3/2020 (jr). (Entered: 12/02/2020)	RECAP
	Dec. 2, 2020	***Civil Case Terminated. (jr)
48	Dec. 3, 2020	ORDER - This case is DISMISSED WITHOUT PREJUDICE. Signed by Judge Edmund A. Sargus on 12/3/2020. (cmw) (Entered: 12/03/2020)	RECAP
49	Dec. 3, 2020	CLERK'S JUDGMENT. Signed by Deputy Clerk on 12/3/2020. (cmw) (Entered: 12/03/2020)	RECAP
	Dec. 3, 2020	Terminate Civil Case

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Case Details

State / Territory:

Ohio

Case Type(s):

Prison Conditions

Healthcare Access and Reproductive Issues

Special Collection(s):

COVID-19 (novel coronavirus)

Multi-LexSum (in sample)

Key Dates

Filing Date: May 15, 2020

Closing Date: Dec. 3, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The plaintiffs are four individuals currently incarcerated in three different prisons operated by the Ohio Department of Rehabilitation and Correction ("ODRC"). The putative class consists of "all prisoners currently or who will in the future be in the custody of ODRC and housed in an ODRC prison during the COVID-19 pandemic."

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

State

Ohio Department of Rehabilitation and Correction

Defendant Type(s):

Corrections

Jurisdiction-wide