Case: Barnes v. District of Columbia

1:24-cv-00750 | U.S. District Court for the District of District of Columbia

Filed Date: March 14, 2024

Case Ongoing

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Case Summary

This is a case about an alleged denial of special education services to a class of incarcerated persons. On March 14, 2024, two District of Columbia residents with disabilities currently incarcerated in federal facilities, ages 22 and 23, filed this putative class action lawsuit against the District of Columbia (D.C.) in U.S. District Court for the District of Columbia. Represented by Nixon Peabody LLP, the School Justice Project, and Washington Lawyers’ Committee for Civil Rights and Urban Aff…

This is a case about an alleged denial of special education services to a class of incarcerated persons.

On March 14, 2024, two District of Columbia residents with disabilities currently incarcerated in federal facilities, ages 22 and 23, filed this putative class action lawsuit against the District of Columbia (D.C.) in U.S. District Court for the District of Columbia. Represented by Nixon Peabody LLP, the School Justice Project, and Washington Lawyers’ Committee for Civil Rights and Urban Affairs, the plaintiffs brought this action on behalf of themselves and all other similarly situated students. They alleged that D.C. has systematically failed to provide free appropriate public education (FAPE) to students with disabilities who are D.C. residents but incarcerated in Federal Bureau of Prisons (BOP) facilities. The plaintiffs asserted that they were receiving special education services while in D.C. custody, but when transferred to BOP facilities to serve felony sentences under D.C. Code, their education was completely halted. The plaintiffs brought claims under the Individuals with Disabilities Education Act (IDEA), further alleging that neither the BOP nor the District provided high school education programs or special education services to these students, despite their entitlement under the ActIndividuals with Disabilities Education Act (IDEA). They sought class certification, declaratory and injunctive relief requiring provision of special education services and compensatory education, appointment of a court monitor, and attorneys' fees.

The case was assigned to District Judge Royce C. Lamberth.

On April 1, 2024, the plaintiffs filed an amended complaint that expanded the scope of the lawsuit and added the Federal Bureau of Prisons (BOP) as a second defendant. In addition, the amended complaint introduced new factual allegations claiming that the BOP systematically denied incarcerated students access to special education services without providing notice or an opportunity to be heard, which violated their Fifth Amendment due process rights. The plaintiffs also requested additional declaratory and injunctive relief specifically targeting the BOP, including orders to place students in facilities where the District of Columbia can implement their Individualized Education Programs (IEPs) and to stop denying students their special education rights without due process.

On June 12, 2024, the plaintiffs filed a motion to certify a class action under Federal Rules of Civil Procedure 23(b)(2) and (b)(3) .

On August 9, 2024, the BOP filed a motion to dismiss or, in the alternative, a motion for summary judgment. In addition, on August 13, 2024, D.C. filed a motion to dismiss and argued that the plaintiffs lacked standing because the BOP, not the district, had custody over the plaintiffs and because the plaintiffs failed to show that they were "aggrieved" under the IDEA statutory framework.

On March 28, 2025, the court granted in part and denied in part the plaintiffs' motion to certify the class and granted in part and denied in part both defendants' motions to dismiss. As to D.C.'s motion to dismiss, the court ruled that the plaintiffs' claims fell under the inherently transitory exception to mootness because students lose their IDEA eligibility at age twenty-two and IDEA requires an administrative hearing before plaintiffs can bring their claims in federal courts. As to the BOP's motion to dismiss, the court held that the plaintiffs had sufficiently pled facts to indicate they exhausted their administrative remedies under Prison Litigation Reform Act (PLRA) and that the BOP Literacy Program is not an adequate alternative to a free appropriate public education. The court further noted that the plaintiffs had a protected property interest in a free appropriate public education through IDEA, and the administrative process did not provide sufficient process to the plaintiffs. The court granted the plaintiffs' motion for class certification of a class action for a (b)(2) civil rights class able to seek injunctive relief, but denied "hybrid certification" of a (b)(3) class, because the court dismissed the plaintiffs' monetary claims. Ultimately, this case proceeded as a certified class action that could seek relief for the following claims: 1) That the District had denied a free appropriate public education to plaintiffs and the relief sought by the plaintiffs is an order extending their eligibility to receive a free appropriate public education, and 2) That the BOP has denied the plaintiffs access to a free appropriate public education while the plaintiffs are in BOP custody without notice or an opportunity to be heard in violation of the Due Process Clause of the Fifth Amendment.

On May 7, 2025, the plaintiffs filed a motion to clarify the court's ruling on the motion for class certification to understand the court’s position on the appointment of class counsel.
On July 24, 2025, the court granted the plaintiffs' motion to clarify regarding the appointment of class counsel. The court formally appointed the School Justice Project (SJP) as sole class counsel while permitting the Washington Lawyers' Committee for Civil Rights and Urban Affairs and Nixon Peabody LLC to assist but denied their appointment as co-counsel. The court reasoned that SJP was "the best applicant to sustain this action on behalf of all plaintiffs" based on its unique experience, and that having a single entity serve as class counsel allows for more expeditious decision-making, while still allowing the other organizations to assist would substantially benefit the class.

On October 1, 2025, the parties submitted a joint motion to stay this action and sought referral to a Magistrate Judge for mediation. The court granted the motion, and the case was referred to Magistrate Judge Zia M. Faruqui, and on December 1, 2025, the court ordered a date for mediation.
However, mediation proved to be unsuccessful. On February 10, 2026, the court issued an order noting that mediation had been unsuccessful at this point but noted that the parties were free to request the mediator to resume mediation at any point throughout the litigation.

On February 18, 2026, this case was unstayed and the court set deadlines regarding pleadings, discovery, dispositive motions, and trial.

As of April 2026, this case is ongoing.

Summary Authors

Claire Pollard (3/29/2026)

Haleigh Knowles (4/10/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/68343265/parties/barnes-v-district-of-columbia/

Judge(s)

Lamberth, Royce C. (District of Columbia)

Attorney for Plaintiff

Banner, Kaitlin Rose (District of Columbia)

Belle, Ifetayo (District of Columbia)

Dillon, Aubrey (District of Columbia)

Attorney for Defendant

Horowitz, Brenda A. (District of Columbia)

Judge(s)

Lamberth, Royce C. (District of Columbia)

Attorney for Plaintiff

Banner, Kaitlin Rose (District of Columbia)

Belle, Ifetayo (District of Columbia)

Dillon, Aubrey (District of Columbia)

LeDoux, Michaela (District of Columbia)

Medina, Martha A (District of Columbia)

Plater, Marja (District of Columbia)

Whittaker, Brian J. (District of Columbia)

Attorney for Defendant

Horowitz, Brenda A. (District of Columbia)

Pescovitz, Amanda Catherine (District of Columbia)

Rave, Helen Marie (District of Columbia)

Walker, Johnny Hillary (District of Columbia)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1 1:24-cv-00750	Class Action Complaint For Declaratory, Injunctive, And Other Relief Barnes v. The District of Columbia	March 14, 2024	March 14, 2024 Complaint
5 1:24-cv-00750	First Amended Class Action Complaint for Declaratory, Injunctive and Other Relief Barnes v. The District of Columbia	April 1, 2024	April 1, 2024 Complaint
54 1:24-cv-00750	Order Barnes et al. v. District of Columbia et al.	March 28, 2025	March 28, 2025 Order/Opinion
55 1:24-cv-00750	Memorandum Opinion	March 28, 2025	March 28, 2025 Order/Opinion
68 1:24-cv-00750	Memorandum Opinion Barnes et al. v. District of Columbia et al.	July 24, 2025	July 24, 2025 Order/Opinion 2025 WL 2083169

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/68343265/barnes-v-district-of-columbia/

Last updated April 14, 2026, 10:41 a.m.

ECF Number	Date	Description	Link
1	March 14, 2024	COMPLAINT Class Action against DISTRICT OF COLUMBIA ( Filing fee $ 405 receipt number ADCDC-10756798) filed by MAKEL BARNES, DARIUS MCNEAL. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet, # 4 Summons)(Medina, Martha) (Entered: 03/14/2024)	Clearinghouse
2	March 18, 2024	SUMMONS (1) Issued Electronically as to DISTRICT OF COLUMBIA. (Attachments: # 1 Notice and Consent)(znmw) (Entered: 03/18/2024)	RECAP
3	March 18, 2024	REQUEST FOR SUMMONS TO ISSUE to DC Attorney General and DC Mayor filed by MAKEL BARNES, DARIUS MCNEAL. Related document: 1 Complaint, filed by DARIUS MCNEAL, MAKEL BARNES.(Medina, Martha) (Entered: 03/18/2024)	RECAP
	March 18, 2024	Notice of QC- New Case
	March 18, 2024	Case Assigned/Reassigned
	March 18, 2024	Case Assigned to Judge Royce C. Lamberth. (znmw)
	March 18, 2024	NOTICE OF ERROR re 1 Complaint; emailed to mmedina@nixonpeabody.com, cc'd 4 associated attorneys -- The PDF file you docketed contained errors: 1. Missing Summons-DC. You must supply a summons two additional summonses for the DC Atty General & DC Mayor; File as Request for Summons to Issue (znmw, )
4	March 19, 2024	SUMMONS (2) Issued Electronically as to DISTRICT OF COLUMBIA, District of Columbia Attorney General, and the District of Columbia Mayor. (Attachments: # 1 Notice and Consent)(zdp) (Entered: 03/19/2024)	RECAP
5	April 1, 2024	AMENDED COMPLAINT against DISTRICT OF COLUMBIA, FEDERAL BUREAU OF PRISONS filed by MAKEL BARNES, DARIUS MCNEAL. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet, # 4 Summons)(Whittaker, Brian) (Entered: 04/01/2024)	Clearinghouse
6	April 4, 2024	NOTICE of Appearance by Marja Plater on behalf of All Plaintiffs (Plater, Marja) (Entered: 04/04/2024)	RECAP
7	April 9, 2024	SUMMONS (4) Issued Electronically as to DISTRICT OF COLUMBIA, FEDERAL BUREAU OF PRISONS, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zdp) (Entered: 04/09/2024)	RECAP
8	April 12, 2024	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/11/2024. Answer due for ALL FEDERAL DEFENDANTS by 6/10/2024. (Whittaker, Brian) (Entered: 04/12/2024)	RECAP
9	April 12, 2024	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL BUREAU OF PRISONS served on 4/11/2024 (Whittaker, Brian) (Entered: 04/12/2024)	RECAP
10	April 19, 2024	NOTICE of Appearance by Kaitlin Rose Banner on behalf of All Plaintiffs (Banner, Kaitlin) (Entered: 04/19/2024)	RECAP
11	May 13, 2024	NOTICE of Appearance by Helen Marie Rave on behalf of DISTRICT OF COLUMBIA (Rave, Helen) (Entered: 05/13/2024)	RECAP
12	May 14, 2024	Consent MOTION for Extension of Time to Respond to Plaintiffs' Complaint by DISTRICT OF COLUMBIA. (Attachments: # 1 Text of Proposed Order)(Rave, Helen) (Entered: 05/14/2024)	RECAP
13	May 15, 2024	ORDER granting Motion 12 for Extension of Time to Respond to Plaintiffs' Complaint. Defendant District of Columbia shall respond by 6/10/2024. Signed by Judge Royce C. Lamberth on 5/15/2024. (lcrcl2) (Entered: 05/15/2024)	RECAP
14	May 21, 2024	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 4/18/2024. (Attachments: # 1 Exhibit 1 - Certified Mail/Return Receipt)(Whittaker, Brian) (Entered: 05/21/2024)	RECAP
15	May 21, 2024	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the District of Columbia Attorney General. Date of Service Upon District of Columbia Attorney General 4/25/2024. Answer due for ALL D.C. DEFENDANTS by 5/16/2024. (Attachments: # 1 Exhibit 1 - Certified Mail/Return Receipt)(Whittaker, Brian) (Entered: 05/21/2024)	RECAP
16	May 21, 2024	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on the Mayor of the District of Columbia. Date of Service Upon the Mayor for the District of Columbia on 4/26/2024. (Attachments: # 1 Exhibit 1 - Certified Mail/Return Receipt)(Whittaker, Brian) (Entered: 05/21/2024)	RECAP
17	May 28, 2024	NOTICE of Appearance by Amanda Catherine Pescovitz on behalf of DISTRICT OF COLUMBIA (Pescovitz, Amanda) (Entered: 05/28/2024)	RECAP
18	June 3, 2024	NOTICE of Appearance by Brenda A. Gonzalez Horowitz on behalf of FEDERAL BUREAU OF PRISONS (Gonzalez Horowitz, Brenda) (Entered: 06/03/2024)	RECAP
19	June 6, 2024	Unopposed MOTION for Extension of Time to File Response to Plaintiffs' Complaint by FEDERAL BUREAU OF PRISONS. (Gonzalez Horowitz, Brenda) (Entered: 06/06/2024)	RECAP
20	June 7, 2024	Consent MOTION for Extension of Time to Respond to Plaintiffs' Complaint by DISTRICT OF COLUMBIA. (Attachments: # 1 Text of Proposed Order)(Rave, Helen) (Entered: 06/07/2024)	RECAP
21	June 10, 2024	ORDER granting Motion 20 for Extension of Time to File Response to Plaintiff's Complaint. Response due by 8/9/2024. Signed by Judge Royce C. Lamberth on 06/10/2024. (lcrcl2) (Entered: 06/10/2024)	RECAP
22	June 12, 2024	MOTION to Certify Class by MAKEL BARNES, DARIUS MCNEAL. (Attachments: # 1 Memorandum in Support of Motion for Class Certification, # 2 Exhibit 1 - M. Barnes Hearing Transcript, # 3 Exhibit 2 - D. McNeal Hearing Transcript, # 4 Exhibit 3 - D. McNeal Hearing Transcript, # 5 Exhibit 4 - Decl. of T. Belle, # 6 Exhibit 5 - Decl. of K. Banner, # 7 Exhibit 6 - Decl. of B. Whittaker, # 8 Text of Proposed Order)(Whittaker, Brian) (Entered: 06/12/2024)	RECAP
23	June 24, 2024	Consent MOTION for Extension of Time to Oppose Motion for Class Certification by DISTRICT OF COLUMBIA. (Attachments: # 1 Text of Proposed Order)(Pescovitz, Amanda) (Entered: 06/24/2024)	RECAP
24	June 25, 2024	MOTION to Stay Briefing on Class Certification as to the Bureau, or In the Alternative, an Extension of Time by FEDERAL BUREAU OF PRISONS. (Gonzalez Horowitz, Brenda). Added MOTION for Extension of Time to on 6/28/2024 (zdp). Modified on 6/28/2024 (zdp). (Entered: 06/25/2024)	RECAP
25	June 27, 2024	ORDER granting Defendant District of Columbia's Consent Motion 23 for Extension of Time to Oppose Plaintiffs' Motion for Class Certification. Response due by 8/23/2024. Signed by Judge Royce C. Lamberth on 06/27/2024. (lcrcl2) (Entered: 06/27/2024)	RECAP
26	June 27, 2024	ORDER granting Defendant Bureau of Prisons' Motion 24 for an Extension of Time to file its opposition to Plaintiffs' Motion to Certify a Class and Appoint a Class Counsel, and denying without prejudice Defendant's Motion 24 to Stay. Response due by 9/26/2024. See order for details. Signed by Judge Royce C. Lamberth on 06/27/2024. (lcrcl2) (Entered: 06/27/2024)	RECAP
27	July 17, 2024	NOTICE of Appearance by Ifetayo Belle on behalf of All Plaintiffs (Belle, Ifetayo) (Entered: 07/17/2024)	RECAP
28	Aug. 5, 2024	Consent MOTION for Extension of Time to Respond to Plaintiffs' Complaint by DISTRICT OF COLUMBIA. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Rave, Helen) (Entered: 08/05/2024)	RECAP
29	Aug. 6, 2024	NOTICE of Appearance by Aubrey Dillon on behalf of All Plaintiffs (Dillon, Aubrey) (Entered: 08/06/2024)	RECAP
30	Aug. 9, 2024	MOTION to Dismiss or in the Alternative, Summary Judgment by FEDERAL BUREAU OF PRISONS. (Attachments: # 1 Statement of Facts, # 2 Declaration of Patrick Kissell, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6)(Gonzalez Horowitz, Brenda) (Entered: 08/09/2024)	RECAP
31	Aug. 13, 2024	MOTION to Dismiss by DISTRICT OF COLUMBIA. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Rave, Helen) (Entered: 08/13/2024)	RECAP
32	Aug. 14, 2024	ORDER granting 28 Motion for Extension of Time to respond to Plaintiff's complaint. Signed by Judge Royce C. Lamberth on 08/08/2024. (lcrcl1) (Entered: 08/14/2024)	RECAP
33	Aug. 15, 2024	Consent MOTION for Briefing Schedule by DISTRICT OF COLUMBIA. (Attachments: # 1 Text of Proposed Order)(Rave, Helen) (Entered: 08/15/2024)	RECAP
34	Aug. 16, 2024	ORDER granting 19 Motion for Extension of Time through and including August 9, 2024. Signed by Judge Royce C. Lamberth on 08.16.2024. (lcrcl1) (Entered: 08/16/2024)	RECAP
35	Aug. 16, 2024	ORDER granting 33 Motion for Briefing Schedule. Signed by Judge Royce C. Lamberth on 08.16.2024.(lcrcl1) (Entered: 08/16/2024)	RECAP
	Aug. 17, 2024	Set/Reset Deadlines: Plaintiffs Opposition to Motion to Dismiss due by 9/17/2024. Defendants Opposition to Motion for Class Certification due by 9/26/2024. Defendants Reply in Support of Motion to Dismiss due by 10/11/2024. Plaintiffs Reply in Support of Motion for Class Certification due by 10/21/2024. (smc)
	Aug. 17, 2024	Set/Reset Deadlines
36	Sept. 12, 2024	Consent MOTION for Extension of Time to Extend Briefing Schedule by MAKEL BARNES, DARIUS MCNEAL. (Attachments: # 1 Text of Proposed Order)(Whittaker, Brian) (Entered: 09/12/2024)	RECAP
37	Sept. 20, 2024	ORDER: Upon consideration of the Consent Motion 36 for an Extension of Time, it is hereby ORDERED that the Motion is GRANTED; and it is further ORDERED that the plaintiffs shall file their opposition to the defendants' Motion to Dismiss on or before September 27, 2024; and it is further ORDERED that Defendants shall file any reply on or before October 21, 2024. Signed by Judge Royce C. Lamberth on 09/20/2024. (lcrcl2) (Entered: 09/20/2024)	RECAP
38	Sept. 23, 2024	Unopposed MOTION for Extension of Time to File Opposition to Plaintiffs' Motion for Class Certification by FEDERAL BUREAU OF PRISONS. (Gonzalez Horowitz, Brenda) (Entered: 09/23/2024)	RECAP
39	Sept. 24, 2024	Consent MOTION for Extension of Time to Oppose Motion for Class Certification by DISTRICT OF COLUMBIA. (Attachments: # 1 Text of Proposed Order)(Pescovitz, Amanda) (Entered: 09/24/2024)	RECAP
40	Sept. 27, 2024	Memorandum in opposition to re 30 Motion to Dismiss, or, in the Alternative, Summary Judgment filed by MAKEL BARNES, DARIUS MCNEAL. (Attachments: # 1 Pls' Statement of Genuine Issues, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Text of Proposed Order)(Whittaker, Brian) (Entered: 09/27/2024)	RECAP
41	Sept. 27, 2024	ENTERED IN ERROR.....Memorandum in opposition to re 31 Motion to Dismiss filed by MAKEL BARNES, DARIUS MCNEAL. (Medina, Martha) Modified on 9/30/2024 (zdp). (Entered: 09/27/2024)	RECAP
42	Sept. 30, 2024	ORDER: Upon consideration of the Consent Motion 39 for an Extension of Time to Oppose Plaintiffs' Motion for Class Certification, it is hereby ORDERED that the Motion is GRANTED, nunc pro tunc; and it is further ORDERED that defendant District of Columbia shall file its opposition to the plaintiffs' Motion for Class Certification by October 7, 2024; and it is further ORDERED that plaintiffs shall file any reply no later than November 1, 2024. Signed by Judge Royce C. Lamberth on 09/30/2024. (lcrcl2) (Entered: 09/30/2024)	RECAP
43	Sept. 30, 2024	ERRATA Notice of Errata to Plaintiffs Opposition to the District of Columbia Motion to Dismiss Plaintiffs Complaint by MAKEL BARNES, DARIUS MCNEAL re 41 Memorandum in Opposition. (Medina, Martha) (Entered: 09/30/2024)	RECAP
44	Sept. 30, 2024	Memorandum in opposition to re 31 Motion to Dismiss Plaintiffs Complaint filed by MAKEL BARNES, DARIUS MCNEAL. (Attachments: # 1 Text of Proposed Order)(Medina, Martha) (Entered: 09/30/2024)	RECAP
	Sept. 30, 2024	NOTICE OF ERROR regarding 41 Memorandum in Opposition. The following error(s) need correction: Invalid attorney signature- signature on document must match PACER login. Please refile. (zdp)
	Sept. 30, 2024	Notice of Error
45	Oct. 7, 2024	Memorandum in opposition to re 22 Motion to Certify Class, filed by DISTRICT OF COLUMBIA. (Attachments: # 1 Text of Proposed Order)(Rave, Helen) (Entered: 10/07/2024)	RECAP
46	Oct. 7, 2024	Memorandum in opposition to re 22 Motion to Certify Class, filed by FEDERAL BUREAU OF PRISONS. (Gonzalez Horowitz, Brenda) (Entered: 10/07/2024)	RECAP
47	Oct. 21, 2024	REPLY to opposition to motion re 31 Motion to Dismiss filed by DISTRICT OF COLUMBIA. (Rave, Helen) (Entered: 10/21/2024)	RECAP
48	Oct. 21, 2024	REPLY to opposition to motion re 30 Motion to Dismiss, filed by FEDERAL BUREAU OF PRISONS. (Attachments: # 1 Exhibit 1, Barnes Administrative Remedy Record, # 2 Exhibit 2, McNeal Administrative Remedy Record)(Gonzalez Horowitz, Brenda) (Entered: 10/21/2024)	RECAP
49	Nov. 1, 2024	REPLY to opposition to motion re 22 Motion to Certify Class, filed by MAKEL BARNES, DARIUS MCNEAL. (Belle, Ifetayo) (Entered: 11/01/2024)	RECAP
50	Nov. 1, 2024	REPLY to opposition to motion re 22 Motion to Certify Class, filed by MAKEL BARNES, DARIUS MCNEAL. (Plater, Marja) (Entered: 11/01/2024)	RECAP
51	Nov. 13, 2024	NOTICE of Appearance- Pro Bono by Ellie Driscoll on behalf of All Plaintiffs (Driscoll, Ellie) (Entered: 11/13/2024)	RECAP
52	Nov. 13, 2024	NOTICE Certification Pursuant to LCvR 83.2(h) by MAKEL BARNES, DARIUS MCNEAL re 51 Notice of Appearance- Pro Bono (Driscoll, Ellie) (Entered: 11/13/2024)	RECAP
53	Jan. 22, 2025	NOTICE of Appearance by Ellie Driscoll on behalf of All Plaintiffs (Driscoll, Ellie) (Entered: 01/22/2025)	RECAP
54	March 28, 2025	ORDER granting in part and denying in part 22 Motion to Certify Class; granting in part and denying in part 30 Motion to Dismiss; granting in part and denying in part 31 Motion to Dismiss. Signed by Judge Royce C. Lamberth on 03.28.2025. (lcrcl1) (Entered: 03/28/2025)	Clearinghouse
55	March 28, 2025	MEMORANDUM AND OPINION re 54 Order. Signed by Judge Royce C. Lamberth on 03.28.2025. (lcrcl1)	Clearinghouse
56	April 11, 2025	Unopposed MOTION for Extension of Time to File Answer to Plaintiffs' Complaint by FEDERAL BUREAU OF PRISONS. (Gonzalez Horowitz, Brenda) (Entered: 04/11/2025)	RECAP
57	April 11, 2025	ANSWER to 5 Amended Complaint by DISTRICT OF COLUMBIA.(Rave, Helen) (Entered: 04/11/2025)	RECAP
58	May 1, 2025	MOTION for Extension of Time to File Answer to Plaintiffs' Complaint by FEDERAL BUREAU OF PRISONS. (Gonzalez Horowitz, Brenda) (Entered: 05/01/2025)	RECAP
59	May 2, 2025	ORDER: Upon consideration of the Motion 58 for an Extension of Time to File an Answer, and the entire record herein, it is hereby ORDERED that the Motion is GRANTED; and it is further ORDERED that the Bureau of Prisons shall file its Answer on or before May 19, 2025. Signed by Judge Royce C. Lamberth on 05/02/2025. (lcrcl2) (Entered: 05/02/2025)	RECAP
60	May 7, 2025	MOTION to Clarify re 55 Memorandum & Opinion, 54 Order on Motion to Certify Class,, Order on Motion to Dismiss,,, Appointment of Class Counsel by MAKEL BARNES, DARIUS MCNEAL. (Attachments: # 1 Text of Proposed Order Proposed Order)(Whittaker, Brian) (Entered: 05/07/2025)	RECAP
61	May 19, 2025	ANSWER to 5 Amended Complaint by FEDERAL BUREAU OF PRISONS.(Gonzalez Horowitz, Brenda) (Entered: 05/19/2025)	RECAP
62	May 21, 2025	Memorandum in opposition to re 60 MOTION to Clarify re 55 Memorandum & Opinion, 54 Order on Motion to Certify Class,, Order on Motion to Dismiss,,, Appointment of Class Counsel filed by DISTRICT OF COLUMBIA. (Attachments: # 1 Text of Proposed Order)(Pescovitz, Amanda) (Entered: 05/21/2025)	RECAP
63	May 28, 2025	REPLY to opposition to motion re 60 Motion to Clarify, Appointment of Class Counsel filed by MAKEL BARNES, DARIUS MCNEAL. (Whittaker, Brian) (Entered: 05/28/2025)	RECAP
64	July 3, 2025	NOTICE of Appearance by Johnny Hillary Walker, III on behalf of FEDERAL BUREAU OF PRISONS (Walker, Johnny) (Entered: 07/03/2025)	RECAP
65	July 14, 2025	STATUS REPORT by MAKEL BARNES, DARIUS MCNEAL. (Attachments: # 1 Exhibit Email Communications Between Pls Counsel and Counsel for Defs)(Belle, Ifetayo) (Entered: 07/14/2025)	RECAP
66	July 14, 2025	NOTICE of Change of Address by Ifetayo Belle (Belle, Ifetayo) (Entered: 07/14/2025)	RECAP
67	July 24, 2025	ORDER: It is hereby ORDERED that Plaintiffs' Motion to Clarify 60 is GRANTED IN PART and DENIED IN PART as set forth herein. Signed by Judge Royce C. Lamberth on 07/24/2025. (lcrcl2) (Entered: 07/24/2025)	RECAP
68	July 24, 2025	MEMORANDUM OPINION re 67 Order. Signed by Judge Royce C. Lamberth on 7/24/2025. (lcrcl2) (Main Document 68 replaced on 7/24/2025) (zsmc).	Clearinghouse
69	Aug. 8, 2025	MOTION to Withdraw as Attorney by MAKEL BARNES, DARIUS MCNEAL. (Attachments: # 1 Text of Proposed Order)(Driscoll, Ellie) (Entered: 08/08/2025)	RECAP
70	Aug. 12, 2025	ORDER: It is hereby ORDERED that the Motion 69 to Withdraw as Attorney is GRANTED and Ellie Driscoll is hereby ORDERED withdrawn. Signed by Judge Royce C. Lamberth on 08/12/2025. (lcrcl2) (Entered: 08/12/2025)	RECAP
71	Sept. 18, 2025	NOTICE of Appearance by Kaitlin Rose Banner on behalf of MAKEL BARNES (Banner, Kaitlin) (Entered: 09/18/2025)	RECAP
72	Oct. 1, 2025	Joint MOTION to Stay, Joint MOTION for Referral to a Magistrate Judge for Mediation by MAKEL BARNES, DARIUS MCNEAL. (Belle, Ifetayo) (Entered: 10/01/2025)	RECAP
73	Oct. 1, 2025	MEET AND CONFER STATEMENT. (Belle, Ifetayo) (Entered: 10/01/2025)	RECAP
74	Oct. 1, 2025	ORDER granting Motion to Stay and for Referral to a Magistrate Judge. The parties shall file a Joint Status Report within 14 days of the initial status conference. Signed by Judge Royce C. Lamberth on 10/01/2025.(lcrcl2) (Entered: 10/01/2025)	RECAP
	Oct. 1, 2025	CASE RANDOMLY REFERRED to Magistrate Judge Zia M. Faruqui for Mediation. (zjm)
75	Oct. 2, 2025	NOTICE of Appearance by Michaela LeDoux on behalf of All Plaintiffs (LeDoux, Michaela) (Main Document 75 replaced on 10/3/2025) (znmw). (Entered: 10/02/2025)	RECAP
	Oct. 2, 2025	Case Referred to Magistrate Judge
	Oct. 15, 2025	CASE DIRECTLY REFERRED to Judge S. Martin Teel, Jr for Settlement Conference. (lcab)
	Oct. 15, 2025	Order Referring Case to Magistrate Judge
	Oct. 15, 2025	MINUTE ORDER REFERRING CASE for Settlement Conference with Judge S. Martin Teel. Signed by Magistrate Judge Zia M. Faruqui on October 15, 2025. (lcab) Modified on 10/20/2025 to correct date (zjm).
76	Oct. 16, 2025	MEDIATION PROCEURES ORDER. Signed by Judge S. Martin Teel, Jr on 10/15/2025. (am) (Entered: 10/16/2025)	RECAP
	Oct. 17, 2025	Order Referring Case to Magistrate Judge
77	Dec. 1, 2025	ORDER SETTING DATE FOR MEDIATION SESSION AND NOTING DEADLINES. Signed by Judge S. Martin Teel, Jr on 11/30/2025. (am) (Entered: 12/01/2025)	RECAP
	Dec. 1, 2025	Set/Reset Hearings
	Dec. 1, 2025	Set/Reset Hearings: Mediation Conference set for 1/23/2026 at 10:00 AM, A courtroom will be determined at a later date, before Judge S. Martin Teel Jr. (am)
78	Dec. 17, 2025	ORDER CHANGING DATE FOR MEDIATION SESSION TO JANUARY 30, 2026, AND NOTING DEADLINES. Signed by Judge S. Martin Teel, Jr on 12/16/2025. (am) (Entered: 12/17/2025)	RECAP
	Dec. 17, 2025	Set/Reset Hearings
	Dec. 17, 2025	Set/Reset Hearings: Mediation Conference set for 1/30/2026 at 10:00 AM (A courtroom will be determined at a later date) before Judge S. Martin Teel Jr. (am)
79	Feb. 10, 2026	ORDER TREATING MEDIATION AS UNSUCCESSFUL AT THIS JUNCTURE BUT WITH THE PARTIES FREE TO REQUEST THE MEDIATOR TO RESUME MEDIATION. Signed by Judge S. Martin Teel, Jr on 2/10/2026. (am) (Entered: 02/10/2026)	RECAP
80	Feb. 13, 2026	Joint STATUS REPORT on Mediation by MAKEL BARNES, DARIUS MCNEAL. (Belle, Ifetayo) (Entered: 02/13/2026)	RECAP
81	Feb. 18, 2026	ORDER: Upon consideration of the parties' 80 Joint Status Report, the parties' 73 Joint Rule 26(f) Report, and the entire record, it is hereby ORDERED that the stay in this case is LIFTED effective the date of this Order, and it is further ORDERED and the Court hereby adopts the schedule proposed in the parties' Rule 26 (f) Report as follows: Joinder of Parties and Amended Pleadings shall be due March 20, 2026; Fact Discovery shall close August 18, 2026; Affirmative Expert Disclosures shall be due September 15, 2026; Rebuttal Expert Disclosures shall be due October 16, 2026; Expert Discovery shall close on November 17, 2026; and a Joint Status Report proposing a schedule for dispositive motions and a trial date shall be due December 1, 2026. Signed by Judge Royce C. Lamberth on 02/18/2026. (lcrcl2) (Entered: 02/18/2026)	RECAP
	Feb. 18, 2026	Case Unstayed

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Case Details

State / Territory:

District of Columbia

Case Type(s):

Disability Rights

Criminal Justice (Other)

Education

Key Dates

Filing Date: March 14, 2024

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A class of people who are incarcerated in the BOP who are currently entitled to receive special education services

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Washington Lawyers' Committee

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Federal

Federal Bureau of Prisons

The District of Columbia

Defendant Type(s):

Corrections

Jurisdiction-wide

Facility Type(s):

Government-run

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Indv. w/ Disab. Educ. Act (IDEA), Educ. of All Handcpd. Children Act , 20 U.S.C. § 1400

Constitutional Clause(s):

Due Process: Procedural Due Process

Other Dockets:

District of District of Columbia 1:24-cv-00750

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Relief Granted:

Source of Relief:

None yet

Issues

Disability and Disability Rights:

Special education

Recommended Citation

Case Summary of Barnes v. District of Columbia, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/47993/ (last updated 4/10/2026).