Justia Class Action Opinion Summaries

Plaintiffs, current and former detainees, brought a class action under 42 U.S.C. 1983 against Cook County, claiming that the level of dental care at the Jail demonstrated deliberate indifference in violation of the Eighth and Fourteenth Amendments. The court originally certified two classes of plaintiffs under FRCP 23, but later decertified one class and modified the other, finding that the Jail’s implementation of a consent order with the Department of Justice eliminated a common question concerning inadequate staffing and brought care into compliance with national standards. The court could not find another common factor among the claims, noting that “treatment of dental pain may fall below the deliberate indifference threshold for many reasons and at many stages.” The court then determined that the detainees’ motion for injunctive relief was moot. While an appeal was pending, the detainees unsuccessfully moved for a new trial (FRCP 60(b)) based on newly discovered evidence. The Seventh Circuit affirmed, upholding decertification of the classes because of the lack of a common issue of fact or law. The detainees’ questions do not point to the type of systematic and gross deficiency that would lead to a finding that all detainees are effectively denied treatment; they did not allege a specific policy that directly causes delay, nor a pattern of egregious delays across the entire class. Filing a Rule 60(b) motion during the interlocutory appeal was inappropriate; there was no final judgment in the case. View "Phillips v. Sheriff of Cook County" on Justia Law

The Home and Community‐Based Care Waiver Program allowed states to diverge from the traditional Medicaid structure by providing community‐based services to people who would, under the traditional structure, require institutionalization, 42 U.S.C. 1396n. The Indiana Family and Social Services Administration operates the Aged and Disabled Medicaid Waiver Program (A&D waiver), the Community Integration and Habilitation Medicaid Waiver Program (CIH waiver), and the Family Supports Medicaid Waiver Program (FS waiver). Because Indiana has closed most of its institutional facilities, these waiver programs serve the vast majority of its people with disabilities. Until 2011, the Administration placed many people with developmental disabilities on the A&D waiver, which has no cap on services. The Administration then changed its policies, rendering many developmentally disabled persons ineligible for the A&D waiver. These people were moved to the FS waiver, under which they may receive services capped at $16,545 annually. The CIH waiver is uncapped, but not everyone qualifies for the CIH waiver. Plaintiffs argue that their new assignments violated the integration mandate of the Americans with Disabilities Act, 42 U.S.C. 12101 because it deprives them of community interaction and puts them at risk of institutionalization. The court granted defendants summary judgment on the integration‐mandate claims and denied class certification. The Seventh Circuit reversed, finding that there is a genuine dispute of material fact with respect to the individual claims based on the integration mandate. The court agreed that the proposed class is too vague. View "Steimel v. Wernert" on Justia Law

Gannett Satellite Information Network, Inc. is an international media company that produces news and entertainment programming through a proprietary mobile software application (the “App”). Plaintiff downloaded and installed the App on his Android mobile device. Every time Plaintiff watched a video clip on the App, Gannett shared information about Plaintiff with Adobe Systems Incorporated. Plaintiff brought this putative class-action lawsuit against Gannett for allegedly disclosing information about him to a third party in violation of the Video Privacy Protection Act (VPPA). The district court dismissed the action under Fed. R. Civ. P. 12(b)(6), concluding that that information disclosed by Gannett was “personally identifiable information” (PII) under the VPPA but that Plaintiff was not a “consumer” protected by the VPPA. The First Circuit reversed, holding that the complaint adequately alleged that Plaintiff was a “consumer” under the VPPA. Remanded. View "Yershov v. Gannett Satellite Info. Network, Inc." on Justia Law

In 2002, Plaintiffs commenced a proposed class action civil rights suit against the County of Rensselaer. The County invoked Selective Insurance Company’s duty to provide a defense under the policies that the company sold to the County. Selective agreed to defend the County in the action, subject to the insurance policy limits and the deductible. Selective’s counsel and the County agreed to settle the actions for $1,000 per plaintiff, determined to be slightly more than 800 individuals in total, with attorney fees also being recoverable. Selective abided by the terms of the settlement. The County, however, refused to pay Selective more than a single deductible payment. Selective then commenced this action for money damages, arguing that each class member was subject to a separate deductible. Supreme Court concluded that a separate deductible payment applied to each class member and that all legal fees should be allocated to one policy. The Appellate Division affirmed. The Court of Appeals affirmed, holding that the class action suit did not constitute one occurrence under the relevant policies’ definition of “occurrence” and that the attorney’s fees generated in defending that suit were properly allocated to the named plaintiff. View "Selective Ins. Co. of Am. v. County of Rensselaer" on Justia Law

Inmates, acting pro se, alleged violations of the Eighth Amendment by overcrowding and provision of inadequate mental-health services. The district court denied their “Motion for Class Certification and Appointment of Counsel” seeking to certify three classes: (1) “all prisoners who are now or in the future will be confined in the [Wisconsin Department of Corrections],” (2) all prisoners who are now or in the future will be confined at [Waupun Correctional Institution],” and (3) all prisoners with a serious mental illness or disability “who are now or in the future will be confined at” Waupun. The courts then rejected their claim that they “should be appointed counsel to represent the certified classes … pursuant to Rule 23(g) of the Federal Rules of Civil Procedure,” The court stated that the pro se plaintiffs could not adequately represent a class and that Rule 23(g), “is only implicated when a class is first certified under Rule 23(a)(4).” The Seventh Circuit denied a petition for leave to appeal. View "Howard v. Pollard" on Justia Law

When the Chicago Board of Education deems a school to be deficient, it implements a reconstitution, replacing all administrators, faculty, and staff. A school may be subject to turnaround if it has been on probation for at least one year and has failed to make adequate progress . Under the collective bargaining agreement, tenured teachers are placed in a pool where they continue to receive a full salary and benefits for one school year. If a tenured teacher does not find a new position within that year, she is honorably terminated. Others are eligible for the cadre pool where they can receive substitute assignments, paid per assignment. From 2004-2011, the Board reconstituted 16 schools. In 2011, the Board identified 74 schools by removing schools that met the objective criteria related to standardized test scores and graduation rates. Brizard chose the final 10 schools. All were in areas where African Americans make up 40.9% of tenured teachers. No schools were selected from the north side, where only 6.5% of tenured teachers are African American. Of the teachers displaced, 51% were African American, despite comprising just 27% of the overall CPS teaching population. Teachers and the Union filed suit. The court declined to certify a class of: All African American persons … teacher or para-professional staff … subjected to reconstitution. The court found that the plaintiffs had not met established a common issue and had not adequately shown that common questions of law or fact predominated over individual claims. The Seventh Circuit reversed, finding that the class can be certified under both Rule 23(b)(2) and 23(b)(3). View "Chicago Teachers Union v. Bd. of Educ. of the City of Chicago" on Justia Law

Six Alaska prisoners jointly filed a pro se putative class-action complaint against various Department of Corrections officials. Their complaint listed 18 causes of action, many of which addressed changes in Department policy regarding inmate purchase and possession of gaming systems and restrictions on mature-rated video games. One of the prisoners moved for class certification and for appointment of counsel. The superior court denied the class action motion on the grounds that pro se plaintiffs could not represent a class, and denied the appointment of counsel. The Department then moved for dismissal of the prisoners’ complaint for failing to state a claim upon which relief could be granted. The superior court granted this motion on the ground that all of the claims were class action claims that could not be pursued. Two of the plaintiffs, Jack Earl, Jr. and James Barber, each filed an appeal (which were consolidated for the purposes of this opinion). They argued that the superior court erred in denying the motion for class certification, denying the motion for appointment of counsel, and dismissing the complaint for failure to state a claim upon which relief can be granted. Upon review of their arguments on appeal, the Supreme Court concluded the superior court did not err in denying class certification and appointment of counsel, but reversed the dismissal of the action and remanded for further proceedings. View "Barber v. Schmidt" on Justia Law

Wal-Mart is the country’s largest private employer, operating approximately 3,400 stores and employing more than one million people. In 2001, named plaintiffs filed a putative class action (Dukes) under Title VII of the Civil Rights Act, on behalf of all former and current female Wal-Mart employees. In 2011 the Supreme Court reversed certification of the nationwide class of current Wal-Mart employees under Rule 23(b)(2), finding that the plaintiffs did not demonstrate questions of law or fact common to the class. The district court then held that all class members who possessed right-to-sue letters from the EEOC could file suit on or before October 28, 2011. Six unnamed Dukes class members filed suit, alleging individual and putative class claims under Rule 23(b)(2) and Rule 23(b)(3) on behalf of current and former female employees in Wal-Mart Region 43. . The district court dismissed the claims as time-barred. The Sixth Circuit reversed. The timely filing of a class-action complaint commences suit and tolls the statute of limitations for all members of the putative class who would have been parties had the suit been permitted to continue as a class action; the suit is not barred by the earlier litigation. View "Phipps v. Wal-Mart Stores, Inc." on Justia Law

Thirteen inmates in custody throughout the Arizona prison system brought a class action suit against senior officials in the Arizona Department of Corrections alleging that they were subjected to systemic Eighth Amendment violations. The district court certified a class consisting of 33,000 prisoners incarcerated in the Arizona prison system, concluding that the putative class and subclass of inmates satisfied the requirements of class certification set forth in Fed. R. Civ. P. 23. A panel of the Ninth Circuit affirmed, holding that the district court did not abuse its discretion in concluding that Plaintiffs satisfied Rule 23(a)(2). The panel subsequently voted to deny the petition for rehearing en banc. Judge Ikuta filed a dissent from the denial of rehearing en banc concurrently with this order, arguing that all members of this diverse class of prisoners did not have an Eighth Amendment claim, alone a common claim, and therefore the certification ran afoul of Wal-Mart Stores, Inc. v. Dukes, Lewis v. Casey, and the Supreme Court’s Eighth Amendment jurisprudence. View "Parsons v. Ryan" on Justia Law

A 1999 suit alleged that plaintiffs had been arrested on misdemeanor charges and were strip searched, without individualized suspicion, in violation of their federal and state constitutional rights. Nassau County conceded liability. The Second Circuit instructed the court to certify a class as to liability and to consider whether to certify a class as to damages. The district court certified both classes, granted summary judgment on liability, and held a bench trial on damages. In 2012, before the district court entered judgment, Nassau County moved to vacate the summary judgment and to dismiss the action based on the Supreme Court’s 2012 decision Florence v. Bd. of Chosen Freeholders, that “every detainee who will be admitted to the general population [of a jail] may be required to undergo a close visual inspection while undressed. The court granted the motion as to the federal claim, but determined that Florence did not warrant vacatur of the concession of liability with respect to the state claim, and awarded $11.5 million. While appeal was pending, Nassau County moved to stay enforcement pending appeal. The district court ruled that the obligation to deposit the funds with the court would be stayed for 180 days, or indefinitely, if Nassau County posted a bond. The Second Circuit stayed the requirement of deposit or bond. View "In re: Nassau Cnty Strip Search Cases" on Justia Law