Case: T.Y. v. Shawnee County

5:94-cv-04079 | U.S. District Court for the District of Kansas

Filed Date: May 19, 1994

Closed Date: 1996

Clearinghouse coding complete

Case Summary

On May 19, 1994, boys and girls incarcerated at the Shawnee County Youth Center in Topeka, Kansas, filed a class action lawsuit against the county commissioners, the county director of the department of corrections, and the administrator of the Youth Center. The class named included present and future children at the Youth Center; the lawsuit was filed in the U.S. District Court for the District of Kansas under 42 U.S.C § 1983. The plaintiffs alleged that the totality of the conditions violated the their constitutional rights and they asked the court for declaratory and injunctive relief. The plaintiffs, represented by Kansas Legal Services and private counsel, sought to change the center's policies on medical and mental health treatment, education, visitation and mail, and access to lawyers. They also challenged the adequacy and training of the center's staff, the use of force against the juveniles, and the Center's overpopulation. (The plaintiffs filed an Amended Complaint in June.)

On July 5, 1994, the Shawnee County defendants filed a third-party complaint against the Kansas Department of Rehabilitation Services. All of the parties involved agreed to enter a Joint Stipulation on Partial Settlement on July 26, 1994, to resolve the issues of isolation and restraint use, medical care and treatment, and attorney-client communication. The defendants agreed to use behavioral isolation for the shortest duration possible, not to exceed one hour unless the behavior problem continued, and only when residents were a threat to themselves or others. Physical restraint would be used only when a child acted in a dangerous manner, and not as a form of discipline or punishment. In addition, the defendants agreed to complete a health history assessment upon a child's admission to the Youth Center, and to provide medication and dental screenings. (Page 8 of the Stipulation, which contains specific provisions regarding attorney-client communications, is missing.) The court (Judge Dale E. Saffels) approved the Partial Settlement on August 2, 1994.

The parties continued to negotiate settlement of the Youth Center's overcrowding problems. On November 21, 1994, they entered into a Joint Stipulation of Partial Settlement, which the court (Judge Saffels) approved the same day. The Stipulation provided guidelines for the maximum number of children confined at the Youth Center: not to exceed 25, except in emergencies. The Department of Social and Rehabilitation Services agreed to remove any juvenile offender committed directly by a court to the Youth Center within 72 hours of placement and upon receipt of the necessary documents, excluding weekends and holidays. The Department also agreed to remove certain offenders within 48 hours, and children-in-need-of-care within 24 hours. Finally, the Stipulation created a Task Force to monitor the facility and to develop ways to expedite the movement of children through the court system.

The parties entered into a Consent Degree and Settlement Agreement, which the court (Judge Saffels) approved on July 28, 1995. The Consent Decree outlined policies to address most problems adduced in the Amended Complaint, including overcrowding; sanitation and safety; dress; the use of isolation and restraint; food service; mail and visitation; attorney-client communications; health care; the adequacy of staff; and education. The Consent Decree also provided for a monitor, Bruce Linhos, to ensure its implementation.

The court ruled on December 29, 1995, that the plaintiffs were entitled to recover attorney fees as the prevailing parties. T.Y. by Petty v. Bd. of Cty. Com'rs Shawnee Cty., 912 F. Supp. 1416 (D. Kan. 1995). Subsequent decision denying reconsideration, T.Y. by Petty v. Bd. of Cty. Com'rs, 926 F. Supp. 162 (D. Kan. 1996).

On November 21, 1995, the plaintiffs filed a motion for an order requiring the defendants to show cause why they should not be held in contempt for disobeying the Settlement Agreement and Consent Decree. They claimed that the defendants' policies regarding communications with the monitor made it impossible for a Youth Center resident to communicate with the monitor without the defendants' knowledge, which inhibited the residents' willingness to question compliance and destroyed confidentiality. The court (Judge Saffels), on January 17, 1996, issued a ruling requiring the defendants to change their policy regarding communications with the monitor, because that policy was neither negotiated by the parties nor approved by the court. However, the court denied the plaintiffs' motion for a contempt order, because they had not demonstrated that such a severe sanction was warranted at this time. T.Y. by Petty v. Bd. of Cty. Com'rs Shawnee Cty., 912 F. Supp. 1424 (D. Kan. 1996).

Our Pacer docket indicates that this case was closed in 1996.

Summary Authors

Kristen Sagar (11/4/2007)

People

Judge(s)

Attorney for Plaintiff

Hyland, Charles J. (Missouri)

Attorney for Defendant

Bennett, Mark L. Jr. (Kansas)

Ensley, John D. (Kansas)

George, Michael (Kansas)

Hoover, Ann L. (Kansas)

Expert/Monitor/Master/Other

Judge(s)

Saffels, Dale Emerson (Kansas)

Attorney for Plaintiff

Hyland, Charles J. (Missouri)

Jones, Judith A (Kansas)

Rute, Larry R. (Kansas)

York, Claudia J. (Missouri)

Attorney for Defendant

Bennett, Mark L. Jr. (Kansas)

Ensley, John D. (Kansas)

George, Michael (Kansas)

Hoover, Ann L. (Kansas)

Jacquot, Sandra L. (Kansas)

Palmer, Arthur E. (Kansas)

Smith, Kenneth R. (Kansas)

Valdovinos, Susana L (Kansas)

Voldovinos, Susana L. (Kansas)

Other

Newman, Robert B. (Ohio)

Documents in the Clearinghouse

Documents in this case

5:94-cv-04079	Docket [PACER] Petty v. Shawnee County, KS	Jan. 7, 1997	Jan. 7, 1997 Docket
4 5:94-cv-04079	Amended Complaint Class Action	June 3, 1994	June 3, 1994 Complaint
56 5:94-cv-04079	Joint Stipulation of Partial Settlement of Motion for Preliminary Injunction	Aug. 2, 1994	Aug. 2, 1994 Pleading / Motion / Brief
57 5:94-cv-04079	Order	Aug. 2, 1994	Aug. 2, 1994 Order/Opinion
5:94-cv-04079	Correspondence	Sept. 14, 1994	Sept. 14, 1994 Correspondence
96 5:94-cv-04079	Joint Stipulation of Partial Settlement	Nov. 21, 1994	Nov. 21, 1994 Pleading / Motion / Brief
97 5:94-cv-04079	Order	Nov. 21, 1994	Nov. 21, 1994 Order/Opinion
5:94-cv-04079	Correspondence	June 1, 1995	June 1, 1995 Correspondence
117 5:94-cv-04079	Settlement Agreement and Consent Decree	July 28, 1995	July 28, 1995 Settlement Agreement
5:94-cv-04079	Correspondence	Aug. 9, 1995	Aug. 9, 1995 Correspondence

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Docket

Last updated March 25, 2025, 8:09 a.m.

ECF Number	Date	Description	Link
1	May 19, 1994	COMPLAINT w/designation of place of trial - ; Summons(es) issued; Jury Demand ( case referred to Magistrate Judge Ronald Newman (SAL) (Entered: 05/20/1994)	PACER
2	May 19, 1994	MOTION by plaintiffs for attorney Claudia J. York to appear pro hac vice; referred to Magistrate Judge Ronald Newman (LAK) (Entered: 05/20/1994)	PACER
	May 19, 1994	FILING FEE PAID: on 5/19/94 in the amount of $ 120.00, receipt # 033700. (SAL) (Entered: 05/20/1994)	PACER
	May 19, 1994	FILING FEE PAID on 5/19/94 in the amount of $ 25.00, receipt # 033701 for pro hac vice fees for Claudia J. York (LAK) (Entered: 05/20/1994)	PACER
3	May 23, 1994	ORDER ENTERED: by Magistrate Judge Ronald Newman granting motion for attorney Claudia J. York to appear pro hac vice; [2-1] (cc: all counsel) (CEL) (Entered: 05/23/1994)	PACER
4	June 3, 1994	AMENDED COMPLAINT [1-1] by plaintiffs (DO) (Entered: 06/06/1994)	PACER
9	June 20, 1994	ACCEPTANCE/ACKNOWLEDGEMENT OF SERVICE by defendant Earl Hindman on 5/20/94 summons attached (DO) (Entered: 06/21/1994)	PACER
5	June 21, 1994	RETURN OF SERVICE executed upon defendant Victor W Miller on 5/19/94 by certified mail (LAK) (Entered: 06/21/1994)	PACER
6	June 21, 1994	RETURN OF SERVICE executed upon defendant Donald J Cooper on 5/19/94 by certified mail (LAK) (Entered: 06/21/1994)	PACER
7	June 21, 1994	RETURN OF SERVICE executed upon defendant Winifred Kingman on 5/19/94 by certified mail (ICMSUSER) (Entered: 06/21/1994)	PACER
8	June 21, 1994	RETURN OF SERVICE executed upon defendant Gary (nmi) Bayens on 5/19/94 by certified mail (ICMSUSER) (Entered: 06/21/1994)	PACER
10	June 21, 1994	RETURN OF SERVICE executed upon defendant Earl Hindman, Director of Shawnee Cty Dept of Corr on 6/21/94 (CEL) (Entered: 06/21/1994)	PACER
11	June 21, 1994	RETURN OF SERVICE executed upon defendant Gary Bayens, Administrator of Shawnee Cty Youth Ctr on 6/21/94 (CEL) (Entered: 06/21/1994)	PACER
12	June 21, 1994	RETURN OF SERVICE executed upon defendant Winifred Kingman, Shawnee Cty Commissioner on 6/21/94 (CEL) (Entered: 06/21/1994)	PACER
13	June 21, 1994	RETURN OF SERVICE executed upon defendant Victor W Miller, Vice-Chairman Shawnee Cty Commission on 6/21/94 (CEL) (Entered: 06/21/1994)	PACER
14	June 21, 1994	RETURN OF SERVICE executed upon defendant Donald J Cooper, Shawnee Cty Commission on 6/21/94 (CEL) (Entered: 06/21/1994)	PACER
16	June 21, 1994	ENTRY OF APPEARANCE for defts Shawnee County, KS, Earl Hindman, Gary (nmi) Bayens by Ann L. Hoover & Mark L. Bennett Jr. (LAK) (Entered: 06/22/1994)	PACER
17	June 21, 1994	ENTRY OF APPEARANCE for defts Shawnee County, KS, Earl Hindman, Gary (nmi) Bayens by Sandra L. Jacquot & Susana L. Valdovinos (LAK) (Entered: 06/22/1994)	PACER
	June 21, 1994	SUMMONS issued as to defendants on amended complaint (LAK) (Entered: 06/21/1994)	PACER
	June 21, 1994	SUMMONS issued as to defendant Shawnee County, KS (LAK) Modified on 06/21/1994 (Entered: 06/21/1994)	PACER
18	June 23, 1994	MOTION by plaintiffs for preliminary injunction referred to Senior Judge Dale E. Saffels (CEL) (Entered: 06/23/1994)	PACER
19	June 23, 1994	MEMORANDUM in support by plaintiffs re: [18-1] motion for preliminary injunction referred to Senior Judge Dale E. Saffels [18-1] (CEL) (Entered: 06/23/1994)	PACER
20	June 30, 1994	NOTICE of hearing on motion of pltf for preliminary injunction before Hon. Senior Judge Dale E. Saffels on 7/27/94 at 9:00 a.m. [18-1] (cc: all counsel) (CEL) (Entered: 07/01/1994)	PACER
21	July 5, 1994	THIRD-PARTY COMPLAINT: - by defendants against SRS, Donna L Whiteman, USD 501 Topeka (MB) (Entered: 07/06/1994)	PACER
22	July 5, 1994	ANSWER - by defendant to amended complaint [4-1] (MB) (Entered: 07/06/1994)	PACER
	July 5, 1994	SUMMONS issued as to third-party defendants (MB) (Entered: 07/06/1994)	PACER
23	July 7, 1994	MOTION by defendants to continue the hearing on pltf's motion for a preliminary injunction currently set for 7/27/94, referred to Senior Judge Dale E. Saffels (DO) (Entered: 07/08/1994)	PACER
24	July 7, 1994	MEMORANDUM/BRIEF in support by defendants of motion to continue the hearing on pltf's motion for a preliminary injunction currently set for 7/27/94, referred to Senior Judge Dale E. Saffels [23-1] (DO) (Entered: 07/08/1994)	PACER
25	July 11, 1994	MOTION by defendants & third-party plaintiffs to extend time additional (2) days to 7/15/94 to respond to pltfs' motion for preliminary injunction referred to Senior Judge Dale E. Saffels (CEL) (Entered: 07/12/1994)	PACER
26	July 13, 1994	RESPONSE by plaintiffs to defts' motion to continue the hearing on pltf's motion for a preliminary injunction currently set 7/27/94, referred to Senior Judge Dale E. Saffels [23-1] (CEL) (Entered: 07/13/1994)	PACER
27	July 13, 1994	ORDER ENTERED: by Senior Judge Dale E. Saffels granting defts & 3rd party pltfs' motion to extend time to 7/15/94 to respond to pltfs' motion for preliminary injunction [25-1] (cc: all counsel) (CEL) (Entered: 07/13/1994)	PACER
28	July 14, 1994	MOTION by plaintiffs for order requesting class certification referred to Senior Judge Dale E. Saffels (CEL) (Entered: 07/15/1994)	PACER
29	July 14, 1994	MEMORANDUM in support by plaintiff re: pltf's motion for order requesting class certification referred to Senior Judge Dale E. Saffels [28- 1] (CEL) (Entered: 07/15/1994)	PACER
30	July 15, 1994	RESPONSE by defendants & third-party plaintiffs to motion for preliminary injunction referred to Senior Judge Dale E. Saffels [18-1] (CEL) (Entered: 07/19/1994)	PACER
31	July 15, 1994	REPLY by defendants & third-party plaintiffs to pltfs' response to motion for continuance [26-1] (CEL) (Entered: 07/19/1994)	PACER
32	July 18, 1994	RETURN OF SERVICE of notice of summons & third-party complaint executed upon third-party defendant SRS Legal Division on 7/7/94 (CEL) (Entered: 07/19/1994)	PACER
33	July 18, 1994	RETURN OF SERVICE of summons & third-party complaint executed upon third-party defendant Board of Education USD 501 Topeka on 7/6/94 (CEL) (Entered: 07/19/1994)	PACER
34	July 19, 1994	SUPPLEMENTAL REPLY by defendants & third-party plaintiffs to pltfs' response to motion for continuance [31-1] (CEL) (Entered: 07/20/1994)	PACER
35	July 19, 1994	MINUTE ORDER - ENTERED: by Clerk denying defts' motion to continue the hearing on pltf's motion for a preliminary injunction currently set for 7/27/94 [23-1] (cc: all counsel) (CEL) (Entered: 07/20/1994)	PACER
36	July 20, 1994	CLERK'S ORDER ENTERED: granting deft an additional (10) days to 8/5/94 to answer or otherwise plead to 3rd-Party Complaint (cc: all counsel) (CEL) (Entered: 07/21/1994)	PACER
37	July 21, 1994	ANSWER - by third-party defendants State of KS dept of SRS & Donna L Whiteman to third-party complaint [21-1] (CEL) (Entered: 07/22/1994)	PACER
38	July 21, 1994	MOTION/APPLICATION by plaintiffs for order re: petition for habeas corpus ad testificandum naming Sabrina Stonebarger referred to Senior Judge Dale E. Saffels (CEL) (Entered: 07/22/1994)	PACER
39	July 21, 1994	MOTION/APPLICATION by plaintiffs for order re: petition for habeas corpus ad testificandum naming Joel D. Collins referred to Senior Judge Dale E. Saffels (CEL) (Entered: 07/22/1994)	PACER
40	July 21, 1994	MOTION/APPLICATION by plaintiffs for order re: petition for habeas corpus ad testificandum naming Bilal A. Adams referred to Senior Judge Dale E. Saffels (CEL) (Entered: 07/22/1994)	PACER
41	July 21, 1994	MOTION/APPLICATION by plaintiffs for order re: petition for habeas corpus ad testificandum naming Antawin B. Lyons referred to Senior Judge Dale E. Saffels (CEL) (Entered: 07/22/1994)	PACER
42	July 22, 1994	ORDER ENTERED: by Senior Judge Dale E. Saffels granting pltfs' motion for order re: petition for habeas corpus ad testificandum naming Joel D. Collins scheduled for 7/27/94 at 9:00 a.m.; Writ issued to USM on 7/25/94 [39-1] (cc: all counsel) (CEL) Modified on 07/25/1994 (Entered: 07/25/1994)	PACER
43	July 22, 1994	ORDER ENTERED: by Senior Judge Dale E. Saffels granting pltfs' motion for order re: petition for habeas corpus ad testificandum naming Bilal A. Adams scheduled for 7/27/94 at 9:00 a.m.; Writ issued to USM on 7/25/94 [40-1] (cc: all counsel) (CEL) (Entered: 07/25/1994)	PACER
44	July 22, 1994	ORDER ENTERED: by Senior Judge Dale E. Saffels granting pltfs' motion for order re: petition for habeas corpus ad testificandum naming Sabrina Stonebarger scheduled for 7/27/94 at 9:00 a.m.; Writs issued to USM 7/25/94 [38-1] (cc: all counsel) (CEL) (Entered: 07/25/1994)	PACER
45	July 22, 1994	ORDER ENTERED: by Senior Judge Dale E. Saffels granting pltfs' motion for order re: petition for habeas corpus ad testificandum naming Antawin B. Lyons scheduled for 7/27/94 at 9:00 a.m.; Writ issued to USM on 7/25/94 [41-1] (cc: all counsel) (CEL) (Entered: 07/25/1994)	PACER
46	July 22, 1994	MOTION by defendants to dismiss w/memorandum in support attached referred to Senior Judge Dale E. Saffels (CEL) (Entered: 07/25/1994)	PACER
47	July 25, 1994	ATTORNEY APPEARANCE for third-party defendants SRS & Donna L Whiteman by Michael George (MB) (Entered: 07/26/1994)	PACER
50	July 25, 1994	RETURN OF SERVICE on 7/20/94 by plaintiffs of subpoena to testify naming Johnnie C. Shears on 7/27/94 at 9:00 a.m. (CEL) (Entered: 07/28/1994)	PACER
51	July 25, 1994	RETURN OF SERVICE on 7/22/94 by plaintiffs of subpoena to testify naming Chris Ross-Baze of KS Dept of Health & Environment on 7/28/94 at 9:00 a.m. (CEL) (Entered: 07/28/1994)	PACER
52	July 25, 1994	RETURN OF SERVICE on 7/21/94 by plaintiffs of subpoena to testify naming Larry J. Huggins on 7/27/94 at 9:00 a.m. (CEL) (Entered: 07/28/1994)	PACER
53	July 25, 1994	RETURN OF SERVICE on 7/25/94 by plaintiffs of subpoena to testify naming Gary Bayens, Administrator, Shawnee Cty Youth Ctr on 7/27, 28, 29, 1994 at 9:00 a.m. (CEL) (Entered: 07/28/1994)	PACER
48	July 26, 1994	MOTION by third-party defendants SRS & Donna L Whiteman to dismiss for lack of jurisdiction referred to Senior Judge Dale E. Saffels (MB) (Entered: 07/27/1994)	PACER
49	July 26, 1994	MEMORANDUM in support by third-party defendants SRS & Donna L Whiteman re: motion to dismiss for lack of jurisdiction referred to Senior Judge Dale E. Saffels [48-1] (MB) (Entered: 07/27/1994)	PACER
54	July 26, 1994	RESPONSE by defendants & third-party plaintiffs to motion for order requesting class certification w/exhibit of Affidavit of Sally Bartlett attached [28-1] (CEL) (Entered: 07/28/1994)	PACER
55	July 27, 1994	MINUTE SHEET: on Settlement Hrg - Topeka, KS - Before Senior Judge Dale E. Saffels; Parties submit proposed stipulation for partial dismissal for court approval; Court approves document; Parties allowed to close of business 7/29/94 to submit final draft of stipulation for execution by court; Court further directs parties are granted (30) days to 8/29/94 to resolve remaining issue in case; If resolution cannot be reached a preliminary injunction hrg is scheduled for 9/1/94 at 9:00 a.m.; (Lyon, CSR) (CEL) (Entered: 07/28/1994)	PACER
56	Aug. 2, 1994	JOINT STIPULATION of partial settlement by plaintiffs, defendants & third-party plaintiffs w/an effective date of 8/1/94 re: [18-1] re motion for preliminary injunction referred Senior Judge Dale E. Saffels [18-1] (CEL) (Entered: 08/02/1994)	PACER
57	Aug. 2, 1994	ORDER ENTERED: by Senior Judge Dale E. Saffels granting joint stipulation of partial settlement of motion for preliminary injunction; Parties given until 8/29/94 to reach agreement on remaining issue of overcrowding at SCYC facility; If parties are unable to reach agreement a hrg on the pltfs' motion for a preliminary injunction with respect to issue of overcrowding at SCYC facilty will be held before this court on 9/1/94 at 9:00 a.m. [56-1] (cc: all counsel) (CEL) (Entered: 08/02/1994)	PACER
58	Aug. 5, 1994	ANSWER TO THIRD PARTY COMPLAINT re: [21-1] by third-party defendant USD 501 Topeka (CEL) (Entered: 08/09/1994)	PACER
59	Aug. 5, 1994	RESPONSE by plaintiffs to motion to dismiss referred to Senior Judge Dale E. Saffels [46-1] (CEL) (Entered: 08/09/1994)	PACER
60	Aug. 5, 1994	MOTION by third-party defendants SRS & Donna L Whiteman for order denying certification of lawsuit as a class action referred to Senior Judge Dale E. Saffels (MB) (Entered: 08/09/1994)	PACER
60	Aug. 5, 1994	MOTION by third-party defendants SRS & Donna L Whiteman to dismiss them as parties referred to Senior Judge Dale E. Saffels (MB) (Entered: 08/09/1994)	PACER
61	Aug. 5, 1994	MEMORANDUM in opposition by third-party defendants SRS & Donna L Whiteman re: motion for order requesting class certification referred to Senior Judge Dale E. Saffels [28-1] (MB) (Entered: 08/09/1994)	PACER
62	Aug. 5, 1994	REPLY by plaintiff to defts' response to pltfs' motion for order requesting class certification referred to Senior Judge Dale E. Saffels [28-1] (MB) (Entered: 08/09/1994)	PACER
63	Aug. 12, 1994	RESPONSE by plaintiffs re: third-party defts' memorandum in opposition to class certification [61-1] (CEL) (Entered: 08/12/1994)	PACER
71	Aug. 21, 1994	NOTICE of hearing re: preliminary injunction hrg before Senior Judge Dale E. Saffels rescheduled to 10/11/94 at 9:00 a.m. (cc: all counsel) (CEL) (Entered: 09/01/1994)	PACER
64	Aug. 22, 1994	MOTION by defendants and third-party plaintiffs Board of County Comm of Shawnee County, Cooper, Miller, Kingman, Hindman and Bayens to extend time until 8/24/94 to file a reply to pltfs' response to motion to dismiss, referred to Senior Judge Dale E. Saffels (DO) (Entered: 08/23/1994)	PACER
65	Aug. 24, 1994	ORDER ENTERED: by Senior Judge Dale E. Saffels granting defts & third-party pltfs' motion to extend time until 8/24/94 to file a reply to pltfs' response to motion to dismiss [64-1] (cc: all counsel) (CEL) (Entered: 08/24/1994)	PACER
66	Aug. 24, 1994	RESPONSE by defendants & third-party plaintiffs to reply to motion to dismiss referred to Senior Judge Dale E. Saffels [46-1] (CEL) (Entered: 08/24/1994)	PACER
67	Aug. 25, 1994	ORDER ENTERED: by Magistrate Judge Ronald Newman: Scheduling Conference set 10/5/94 @ 11:00 a.m. (cc: all counsel) (CAM) (Entered: 08/25/1994)	PACER
68	Aug. 30, 1994	RETURN OF SERVICE 8/30/94 by Chris Ross-Baze, KS Dept Of Health & Environment of subpoena to testify (CEL) (Entered: 08/30/1994)	PACER
69	Aug. 30, 1994	PETITION by plaintiffs for Habeas Corpus Ad Testificandum to produce Bilal A. Adams for a preliminary injunction set for 9/1/94 at 9:00 a.m. (CEL) (Entered: 08/30/1994)	PACER
70	Aug. 31, 1994	ORDER ENTERED: by Senior Judge Dale E. Saffels In-court hearing re: preliminary injunction rescheduled to 10/11/94 at 9:00 a.m. (cc: all counsel) (CEL) (Entered: 09/01/1994)	PACER
72	Sept. 16, 1994	MOTION by third-party defendant SRS for order to exclude expert testimony or to compel discovery referred to Magistrate Judge Ronald Newman (CEL) (Entered: 09/16/1994)	PACER
73	Sept. 16, 1994	MEMORANDUM in support by third-party defendant SRS re: [72-1] motion for order to exclude expert testimony or to compel discovery referred to Magistrate Judge Ronald Newman [72-1] (CEL) (Entered: 09/16/1994)	PACER
74	Sept. 16, 1994	MOTION by third-party defendant SRS to withdraw motion to exclude expert testimony or to compel discovery [72-1] & Memorandum of law in support of motion to exclude testimony or to compel discovery [73-1] referred to Magistrate Judge Ronald Newman (CEL) (Entered: 09/16/1994)	PACER
75	Sept. 16, 1994	MEMORANDUM in support by third-party defendant SRS re: motion to withdraw motion to exclude expert testimony or to compel discovery [72- 1] & Memorandum of law in support of motion to exclude testimony or to compel discovery [73-1] referred to Magistrate Judge Ronald Newman [74-1] (CEL) (Entered: 09/16/1994)	PACER
76	Sept. 21, 1994	ORDER ENTERED: by Magistrate Judge Ronald Newman granting 3ddft's motion to withdraw motion to exclude expert testimony or to compel discovery [72-1] & [74-1], finding the motion for order to exclude expert testimony or to compel discovery [72-1] moot. (cc: all counsel) (CEL) (Entered: 09/21/1994)	PACER
78	Oct. 5, 1994	MEMORANDUM in support by defts SRS & Donna L Whiteman re: motion for order to exclude expert testimony or to compel discovery referred to Senior Judge Dale E. Saffels [77-1] (CEL) (Entered: 10/06/1994)	PACER
79	Oct. 6, 1994	PETITION FOR WRIT OF HABEAS CORPUS AD TESTIFICANDUM requesting Tashara Yeargin now in custody of Shawnee Cty Dept of Corr - Shawnee Cty Youth Ctr testify 10/12/94 at 9:00 a.m. on pltfs' motion for a preliminary injunction hrg (CEL) (Entered: 10/06/1994)	PACER
80	Oct. 6, 1994	PETITION FOR WRIT OF HABEAS CORPUS AD TESTIFICANDUM requesting Bilal A. Adams now in custody of Shawnee Cty Dept of Corr - Shawnee Cty Youth Ctr testify 10/12/94 at 9:00 a.m. on pltfs' motion for preliminary injunction (CEL) (Entered: 10/06/1994)	PACER
81	Oct. 7, 1994	ORDER ENTERED: by Senior Judge Dale E. Saffels granting habeas corpus ad testificandum to produce Tashara Yeargin to custody of USM no later than 9:00 a.m. on 10/12/94 to testify & appear in USDC [79-1] (cc: all counsel) (CEL) (Entered: 10/07/1994)	PACER
82	Oct. 7, 1994	ORDER ENTERED: by Senior Judge Dale E. Saffels granting habeas corpus ad testificandum to produce Bilal A. Adams to custody of USM no later than 9:00 a.m. on 10/12/94 to testify & appear [80-1] (cc: all counsel) (CEL) (Entered: 10/07/1994)	PACER
83	Oct. 7, 1994	ORDER ENTERED: by Senior Judge Dale E. Saffels granting in part and denying in part third-party dfts' motion for order to exclude expert testimony or to compel discovery [77-1] (cc: all counsel) (MS) Modified on 10/11/1994 (Entered: 10/07/1994)	PACER
	Oct. 7, 1994	WRIT OF HABEAS CORPUS AD TESTIFICANDUM to deliver Bilal A. Adams to USDC at 9:00 a.m. on 10/12/94 to testify & appear (CEL) (Entered: 10/07/1994)	PACER
	Oct. 7, 1994	WRIT OF HABEAS CORPUS AD TESTIFICANDUM issued to USM to deliver Tashara Yeargin to USDC at 9:00 a.m. on 10/12/94 to testify & appear (CEL) (Entered: 10/07/1994)	PACER
84	Oct. 11, 1994	RETURN OF SERVICE on 10/7/94 by Health & Env Dept KS; Attn Chris Ross-Baze of subpoena to produce & permit inspection of documents (CEL) (Entered: 10/11/1994)	PACER
85	Oct. 11, 1994	MOTION by defendants in limine referred to Senior Judge Dale E. Saffels (CEL) (Entered: 10/11/1994)	PACER
86	Oct. 12, 1994	PROTECTIVE ORDER & STIPULATION ENTERED: by Senior Judge Dale E. Saffels (filed in open court) (CEL) (Entered: 10/12/1994)	PACER
87	Oct. 17, 1994	MINUTE SHEET of Preliminary Injunction Hrg: before Honorable Dale E. Saffels in Topeka, KS (Lyon, CSR) - In-court dates: 10/12/94- 10/14/94 & 10/17/94; denying defts' motion in limine [85-1]; granting oral motion of pltf to exclude prospective witnesses; denying oral motion of deft to strike testimony; Oral motion of deft for judgment as a matter of law at close of pltfs evidence taken under advisement; Parties report possibility of settlement; Court continues hrg to 10/31/94 at 9:00 a.m.; Court directs parties to report on progress by 10/19/94; Witness & exhibit lists attached (CEL) (Entered: 10/17/1994)	PACER
88	Oct. 19, 1994	ORDER ENTERED: by Magistrate Judge Ronald Newman Settlement Conference set for 11/4/94 at 9:00 a.m. Pltfs shall provide to dfts a suggested settlement agreement by 10/21/94. By 10/28/94 dfts shall respond w/proposed settlement agreement (cc: all counsel) (MS) (Entered: 10/19/1994)	PACER
89	Oct. 20, 1994	TRANSCRIPT of testimony of Ira M. Schwartz held 10/12/94 during injunction hearing before Hon. DES; I volume (CAM) (Entered: 10/20/1994)	PACER
90	Oct. 21, 1994	MOTION by plaintiffs to extend time to 10/28/94 to provide defts w/suggested settlement agreement & defts be given until 11/4/94 to respond w/proposed settlement agreement referred to Magistrate Judge Ronald Newman (CEL) (Entered: 10/21/1994)	PACER
91	Oct. 26, 1994	RETURN OF SERVICE executed on 10/25/94 by third-party defendant SRS of subpoena to produce & permit inspection & copying of the following documents etc. addressed to Earl Hindman, Director, Shawnee Cty Dept of Corr (CEL) (Entered: 10/26/1994)	PACER
92	Oct. 26, 1994	RETURN OF SERVICE executed on 10/25/94 by third-party defendant SRS of subpoena to produce & permit inspection & copying of documents or objects etc. addressed to Michelle Hostetler, Assist Dist Atty, Office of Dist Atty (CEL) (Entered: 10/26/1994)	PACER
93	Oct. 31, 1994	MINUTE SHEET: Before Honorable Dale E. Saffels: Topeka, KS; (Horenkamp, CSR) re: Status Conference Court directs further settlement negotiations be referred to Magistrate Judge Ronald C. Newman; Parties to appear before RCN: Friday, 11/4/94 at 9:00 a.m.; If no agreement is reached, parties are directed to appear before DES on Monday, 11/21/94 at 10:00 a.m. to resume preliminary injunction hrg; All subpoenas issued for this date will continue in effect to 11/21/94 hrg date (CEL) (Entered: 10/31/1994)	PACER
94	Oct. 31, 1994	NOTICE of hearing before Honorable Dale E. Saffels; re [18-1] ; Preliminary injunction hearing scheduled for 11/21/94 at 10:00 a.m. (cc: all counsel) (CEL) (Entered: 10/31/1994)	PACER