M.D. v. Mahoning County, Ohio, et al.
| M.D. |
| Mahoning County, Ohio, Damon K. Perry, Jerry Greene, William Cappabianca, Kenneth Kountz, Lieutenant Gwendolyn Graham, Lieutenant Matthew Dugan, Lieutenant Joseph Varone, Sergeant William Scott Wilson, Captain Joseph Hood, Sergeant Thomas Connolly, George D. Starr and John/Jane Doe #22-50 |
| 4:2026cv00544 |
| March 5, 2026 |
| U.S. District Court for the Northern District of Ohio |
| John R Adams |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Civil Rights Act |
| Both |
Docket Report
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This docket was last retrieved on August 27, 2026. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 39 Returned Mail addressed to Party Damon K. Perry. Not Deliverable as Addressed; Unable to Forward. Confirmed on BOP that address was incorrect. Document re-mailed to Damon K. Perry #51538-511 at FCI Sandstone, P.O. Box 1000, Sandstone, MN 55072. Related document(s) #34 . (S,SM) |
Filing 38
Order: For the reasons set forth within, the #37 consent order is VACATED, and this matter shall be returned to the undersigned's docket. The previously scheduled Case Management Conference is hereby continued to allow Plaintiff to pursue default judgment against Perry. Following that, the remaining parties may consider anew whether to consent to the magistrate judge. Judge John R. Adams on 8/20/2026. (E,CK)
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| Judge John R. Adams reassigned to case pursuant to #38 Order. (S,He) |
| Filing 37 VACATED per #38 Order - Consent of the parties to this case being transferred to the docket of Magistrate Judge Amanda M. Knapp for further proceedings. Related Document #36 . Judge John R. Adams on 8/19/2026. (E,CK) Modified to vacate on 8/20/2026 (E,CK). |
| Magistrate Judge Amanda M. Knapp assigned to case pursuant to consent. Judge John R. Adams terminated. Related document(s) #37 . (S,SM) |
| Filing 36 Consent to Exercise of Jurisdiction by a United States Magistrate Judge filed by All Plaintiffs. (Keyes, Barton) Modified text on 8/19/2026 (E,CK). |
| Filing 35 Returned Mail addressed to Party Damon K. Perry. Not Deliverable as Addressed; Unable to Forward. Inmate number not included in original mailing. Document re-mailed to Damon K. Perry #51538-511 at FCI Sandstone, 52225 Prison Road, Sandstone, MN 55072. Related document #34 . (D,AG) |
| Copy of #34 Default Entered mailed to Damon K. Perry FCI Sandstone 52225 Prison Road Sandstone, MN 55072 on 7/29/2026. Related document(s) #34 . (C,K) |
| Filing 34 Default Entered on 7/27/2026 against Damon K. Perry. Christian M. Capece, Clerk by Kelby Crawford, Deputy Clerk. Related document(s) #31 . (C,K) |
| Filing 33 Marginal Entry Order denying as moot Motion to excuse appearance (Related Doc #29 ). Judge John R. Adams on 7/23/2026.(C,K) |
| Filing 32 Case Management Conference Scheduling Order with case management conference to be held on 9/10/2026 at 01:30 PM at Courtroom 575 before Judge John R. Adams. See order for further details and deadlines. Lead counsel and party representatives must attend. The Case Management conference scheduled for 7/27/2026 at 11:00 a.m. before Judge Benita Y. Pearson is cancelled. Judge John R. Adams on 7/23/2026. (Attachments: #1 Report of Parties' Planning Meeting, #2 Rule 30.1, #3 Magistrate Consent Form, #4 Budget, #5 Policy and Procedure)(C,K) |
| Filing 31 Application to Clerk for entry of default against Damon K. Perry filed by All Plaintiffs. (Hattemer, Spencer) |
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Filing 30
Order of Recusal of Pursuant to 28 U.S.C. 455, I hereby disqualify myself from further proceedings in the within case. Pursuant to Local Rule 3.1(b)(1), this case is returned for reassignment to another judge. Judge Benita Y. Pearson on 7/22/2026. (JLG)
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| Judge John R. Adams assigned to case. Judge Benita Y. Pearson terminated. (M,Do) |
| Filing 29 Unopposed Motion to excuse appearance of Plaintiff at CMC filed by Plaintiff M.D.. Related document(s) #24 . (Keyes, Barton) |
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Filing 28
Order For the reasons set forth herein, Defendants' Motion to Withdraw the Motion to Continue (ECF No. #27 ) is granted, and Defendants' Unopposed Motion to Continue the Case Management Conference (ECF No. #25 ) is withdrawn. The Telephonic Case Management Conference, currently scheduled on 7/27/2026 at 11:00 a.m. shall proceed as scheduled. Parties are instructed to fully comply with the Court's scheduling Order (ECF No. #24 ). Judge Benita Y. Pearson on 7/20/2026. (JLG)
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| Filing 27 Motion to withdraw document with Memorandum in Support filed by William Cappabianca, Thomas Connolly, Matthew Dugan, Gwendolyn Graham, Jerry Greene, Joseph Hood, Kenneth Kountz, Mahoning County, Ohio, George D. Starr, Joseph Varone, William Scott Wilson. Related document(s) #25 . (Downey, Daniel) |
| Filing 26 SEALED Document: Notice of Disclosure of Plaintiff's Identity filed by M.D. Related document(s) #23 . (Hattemer, Spencer) |
| Filing 25 WITHDRAWN - See 7/20/2026 Order, ECF No. #28 . Unopposed Motion to continue Case Management Conference filed by William Cappabianca, Thomas Connolly, Matthew Dugan, Gwendolyn Graham, Jerry Greene, Joseph Hood, Kenneth Kountz, Mahoning County, Ohio, George D. Starr, Joseph Varone, William Scott Wilson. Related document(s) #24 . (Downey, Daniel) Modified to denote as withdrawn on 7/20/2026 (JLG). |
| Filing 24 Case Management Conference Scheduling Order with Telephonic Case Management Conference to be held on 7/27/2026 at 11:00 a.m. before Judge Benita Y. Pearson. Counsel for Plaintiff shall set up the conference call and contact Chambers directly at (330) 884-7435, with all participants on the line. The Court requires personal participation of parties at the Case Management Conference, even when the conference is telephonic. Judge Benita Y. Pearson on 6/15/2026. (Attachments: #1 Attachment No. 1, #2 Attachment No. 2, #3 Attachment No. 3, #4 Attachment No. 4, #5 Attachment No. 5) (JLG) |
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Filing 23
Order Plaintiff's Motion to Proceed Pseudonymously using her initials, M.D. (ECF No. #3 ) is granted for the reasons previously stated in M.D. v. Mahoning County, Ohio, et al., Case No. 4:25-cv-2414, ECF No. 10 (N.D. Ohio 12/8/2026), which the Court incorporates herein by reference. Plaintiff shall proceed pseudonymously, using the initial M.D., and shall disclose her identity to the Court and all Defendants under seal no later than 6/30/2026. The parties and prison staff persons shall not disclose Plaintiff's identity without leave of Court. Judge Benita Y. Pearson on 6/12/2026. (JLG)
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| Filing 22 Answer to #1 Complaint, with Jury Demand filed by William Cappabianca, Thomas Connolly, Matthew Dugan, Gwendolyn Graham, Jerry Greene, Joseph Hood, Kenneth Kountz, Mahoning County, Ohio, George D. Starr, Joseph Varone, William Scott Wilson. (Downey, Daniel) |
| Filing 21 Attorney Appearance by Benjamin D. Humphrey filed by on behalf of William Cappabianca, Thomas Connolly, Matthew Dugan, Gwendolyn Graham, Jerry Greene, Joseph Hood, Kenneth Kountz, Mahoning County, Ohio, George D. Starr, Joseph Varone, William Scott Wilson. (Humphrey, Benjamin) |
| Filing 20 Attorney Appearance by Daniel T. Downey filed by on behalf of William Cappabianca, Thomas Connolly, Matthew Dugan, Gwendolyn Graham, Jerry Greene, Joseph Hood, Kenneth Kountz, Mahoning County, Ohio, George D. Starr, Joseph Varone, William Scott Wilson. (Downey, Daniel) |
| Filing 19 Waiver of Service Returned Executed by All Plaintiffs. William Scott Wilson waiver sent on 4/10/2026, answer due 6/9/2026 filed on behalf of All Plaintiffs (Keyes, Barton) |
| Filing 18 Waiver of Service Returned Executed by All Plaintiffs. Joseph Varone waiver sent on 4/10/2026, answer due 6/9/2026 filed on behalf of All Plaintiffs (Keyes, Barton) |
| Filing 17 Waiver of Service Returned Executed by All Plaintiffs. George D. Starr waiver sent on 4/10/2026, answer due 6/9/2026 filed on behalf of All Plaintiffs (Keyes, Barton) |
| Filing 16 Waiver of Service Returned Executed by All Plaintiffs. Mahoning County, Ohio waiver sent on 4/10/2026, answer due 6/9/2026 filed on behalf of All Plaintiffs (Keyes, Barton) |
| Filing 15 Waiver of Service Returned Executed by All Plaintiffs. Kenneth Kountz waiver sent on 4/10/2026, answer due 6/9/2026 filed on behalf of All Plaintiffs (Keyes, Barton) |
| Filing 14 Waiver of Service Returned Executed by All Plaintiffs. Joseph Hood waiver sent on 4/10/2026, answer due 6/9/2026 filed on behalf of All Plaintiffs (Keyes, Barton) |
| Filing 13 Waiver of Service Returned Executed by All Plaintiffs. Jerry Greene waiver sent on 4/10/2026, answer due 6/9/2026 filed on behalf of All Plaintiffs (Keyes, Barton) |
| Filing 12 Waiver of Service Returned Executed by All Plaintiffs. Gwendolyn Graham waiver sent on 4/10/2026, answer due 6/9/2026 filed on behalf of All Plaintiffs (Keyes, Barton) |
| Filing 11 Waiver of Service Returned Executed by All Plaintiffs. Matthew Dugan waiver sent on 4/10/2026, answer due 6/9/2026 filed on behalf of All Plaintiffs (Keyes, Barton) |
| Filing 10 Waiver of Service Returned Executed by All Plaintiffs. Thomas Connolly waiver sent on 4/10/2026, answer due 6/9/2026 filed on behalf of All Plaintiffs (Keyes, Barton) |
| Filing 9 Waiver of Service Returned Executed by All Plaintiffs. William Cappabianca waiver sent on 4/10/2026, answer due 6/9/2026 filed on behalf of All Plaintiffs (Keyes, Barton) |
| Filing 8 Return/Proof of Service by Clerk by personal service executed upon Damon K. Perry on 4/2/2026, filed on behalf of All Plaintiffs. Related document #2 (Keyes, Barton) |
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Filing 7
Order granting #5 Motion for Appearance Pro Hac Vice by Attorney Evan E. North for Plaintiff M.D. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. Judge Benita Y. Pearson on 3/31/2026. (JLG)
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| Filing 6 Supplement to Motion for attorney Evan North to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-13574345, - Supplemental Document Original Signature of Evan North for Motion for Pro Hac Vice, filed by All Plaintiffs. Related document(s) #5 . (Hattemer, Spencer) |
| Filing 5 Motion for attorney Evan North to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-13574345, filed by Plaintiff M.D.. (Hattemer, Spencer) |
| Filing 4 FILING ERROR - counsel to refile under correct event Motion Pro Hac VIce Motion - Evan North filed by Plaintiff M.D. (Hattemer, Spencer) Modified on 3/16/2026 to denote filing error (D,Ju). |
| Filing 3 Motion to Proceed Pseudonymously using her initials, M.D. with Memorandum in Support filed by Plaintiff M.D. (Hattemer, Spencer) |
| Request to Clerk for refund of erroneous or duplicate on-line filing fee payment. Reason for refund request: Duplicate Filing Fee paid. Receipt #: AOHNDC-13557274, filed on behalf of plaintiff. Related document(s) #1 . (S,HR) |
| Filing 2 Original Summons and Magistrate Consent Form issued to Counsel for service upon William Cappabianca, Thomas Connolly, Matthew Dugan, Gwendolyn Graham, Jerry Greene, Joseph Hood, Kenneth Kountz, Mahoning County, Ohio, Damon K. Perry, George D. Starr, Joseph Varone, William Scott Wilson. (Attachments: #1 Magistrate Consent Form) (M,Do) |
| Filing 1 Complaint with jury demand against All Defendants. Filing fee paid $ 405, Receipt number AOHNDC-13557590. Plaintiff has indicated that case may be a refiling of terminated case 4:25-cv-02414. Filed by M.D.. (Attachments: #1 Civil Cover Sheet, #2 Summons - Damon K. Perry, #3 Summons - George D. Starr, #4 Summons - Gwendolyn Graham, #5 Summons - Jerry Greene, #6 Summons - Joseph Hood, #7 Summons - Joseph Varone, #8 Summons - Kenneth Kountz, #9 Summons - Mahoning County, #10 Summons - Matthew Dugan, #11 Summons - Thomas Connolly, #12 Summons - William Cappabianca, #13 Summons - William Scott Wilson) (Keyes, Barton) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Amanda M. Knapp. (M,Do) |
| Judge Benita Y. Pearson assigned to case. (M,Do) |
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