Case: Maynor v. Morgan County, Ala.

5:01-cv-00851 | U.S. District Court for the Northern District of Alabama

Filed Date: April 5, 2001

Case Ongoing

Clearinghouse coding complete

Case Summary

On April 5, 2001, attorneys with the Southern Center for Human Rights and private counsel filed this class action lawsuit under 42 U.S.C. § 1983 in the U.S. District Court Northern District of Alabama, challenging the conditions of confinement at the Morgan County Jail. The jail, which was alleged to have been old, antiquated, and structurally unfit for human habitation, housed both pre-trial detainees and convicted prisoners. Plaintiffs alleged that the Jail was severely overcrowded and that i…

On April 5, 2001, attorneys with the Southern Center for Human Rights and private counsel filed this class action lawsuit under 42 U.S.C. § 1983 in the U.S. District Court Northern District of Alabama, challenging the conditions of confinement at the Morgan County Jail. The jail, which was alleged to have been old, antiquated, and structurally unfit for human habitation, housed both pre-trial detainees and convicted prisoners. Plaintiffs alleged that the Jail was severely overcrowded and that inmates were subjected to uncivilized and hazardous conditions, which included inadequate medical care, poor sanitation and lack of fire safety. Plaintiffs alleged violations of the First, Sixth, Eighth and Fourteenth Amendments and sought declaratory and injunctive relief, as well as class certification. Concurrent with the complaint, plaintiffs sought a preliminary injunction.

After a hearing, on April 17, 2001, the District Court (Chief Judge U. W. Clemon) certified the case as a class action and entered a preliminary injunction. The Court noted the deplorable conditions at the Jail and found that the principle cause of the overcrowding was the State's failure to transfer "state [prison] ready'' inmates (convicted inmates that should have been serving sentences in State prisons). To rectify that failure, Judge Clemon ordered the State to present a plan to the Court for removal of all state ready inmates from the Jail. Maynor v. Morgan County, Ala. 147 F.Supp.2d 1185, 1186 (N.D. Ala. 2001).

On September 25, 2001, the District Court (Judge Clemon) made the injunction permanent and also approved a Consent Decree that was reached by the parties. The Decree provided for changes in housing and living conditions, health care and diet, security and fire safety and access to the courts. Defendants agreed to pay Plaintiffs' attorneys fees in the amount of $79,043.09 and also committed to pursue construction of a new jail facility.

The Court amended the Consent Decree on December 8, 2005, to require the development of a "Transition Plan," to address budget and staffing issues for the new Jail, which was under construction. In 2006, with the new Jail set to open, the Sheriff petitioned the Court to settle a dispute over the number of staff required for the new facility. By order dated, March 21, 2006, Judge Clemon interpreted the Consent Decree, as amended, to require a minimum staff of 88 officers.

On January 7, 2009, the Court entered a Civil Contempt Order based on evidence that the Sheriff had knowingly and willfully violated certain provisions of the Consent Decree. Violations included the consistent failure to provide nutritionally adequate meals to class members, and the failure to make available to class members legal materials specifically required by the Decree.

On January 27, 2009, the Court entered an order granting a motion to modify and clarify the Consent Decree. Paragraph 33 was amended to clarify which legal materials be made available to inmates and detainees. Paragraph 22 was also amended, further clarifying the nutritional guidelines to be used by Defendant in the feeding of inmates and detainees.

On December 7, 2009, the Sheriff sought review of the District Court's modification of the Consent Decree in the United States Court of Appeals for the Eleventh Circuit, arguing that the Decree as modified imposed upon him personal liability for feeding prisoners. The Court dismissed the appeal, citing a lack of jurisdiction.

There was no further activity for several years. Then, on Feb. 22, 2017, the plaintiffs moved for order requiring the Sheriff to show cause why she should not be held in contempt. The plaintiffs argued that the Sheriff violated certain provisions of the consent decree. They argued that the Sheriff "removed $160,000 from the Jail Food Account" in January 2017 and did not provide adequate documentation to explain why. The court granted this motion on June 8, 2017.

The Sheriff then moved to terminate the consent decree on June 27, 2017, arguing that "there is no current and ongoing violation of any Federal rights of the inmates...covered by said prospective relief and said prospective relief extends further than necessary to correct a violation of any such Federal right." A hearing was held in front of Judge Abdul Kallon on November 27, 2017.

The case is ongoing.

Summary Authors

Dan Dalton (7/26/2012)

Virginia Weeks (10/11/2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5345728/parties/maynor-v-morgan-county-al/


Judge(s)

Birch, Stanley F. Jr. (Georgia)

Attorney for Plaintiff

Bright, Stephen B. (Georgia)

Attorney for Defendant

Bennich, Larry (Alabama)

Butler, Albert Sims (Alabama)

Clark, Jeff (Alabama)

show all people

Documents in the Clearinghouse

Document

5:01-cv-00851

Docket [PACER]

Maynor v. Morgan County, AL

Oct. 13, 2017

Oct. 13, 2017

Docket
1

5:01-cv-00851

Complaint (Class Action)

April 5, 2001

April 5, 2001

Complaint
9

5:01-cv-00851

Opinion - Preliminary Findings of Fact and Conclusions of Law

April 17, 2001

April 17, 2001

Order/Opinion

147 F.Supp.2d 1185

46

5:01-cv-00851

Permanent Injunction

Sept. 25, 2001

Sept. 25, 2001

Order/Opinion
45

5:01-cv-00851

Consent Decree Applicable to the Plaintiff Class and the County Defendants

Sept. 25, 2001

Sept. 25, 2001

Settlement Agreement
70

5:01-cv-00851

Memorandum Opinion on the Defendant Sheriff's Motion for Instructions

March 21, 2006

March 21, 2006

Order/Opinion
73

5:01-cv-00851

ORDER REQUIRING PUBLICATION OF THE REPORT OF THE TASK FORCE

April 25, 2006

April 25, 2006

Order/Opinion
75

5:01-cv-00851

Status Report Regarding Activities of Task Force by Morgan County, AL, Larry Bennich, Jeff Clark, Don Stisher, Stacy George, Faye Sparkman (Including Supporting Affidavits)

Maynor v. Morgan County, Alabama

May 23, 2006

May 23, 2006

Pleading / Motion / Brief
89

5:01-cv-00851

CIVIL CONTEMPT ORDER

Jan. 7, 2009

Jan. 7, 2009

Order/Opinion
104

5:01-cv-00851

ORDER GRANTING MOTION FOR MODIFICATION AND CLARIFICATION OF CONSENT DECREE

Jan. 27, 2009

Jan. 27, 2009

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5345728/maynor-v-morgan-county-al/

Last updated Oct. 20, 2025, 9:56 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed; filing fee DUE (KAM) (Entered: 04/05/2001)

April 5, 2001

April 5, 2001

Clearinghouse
2

MOTION by plaintiff Johnny Maynor to certify class action filed (KAM) (Entered: 04/05/2001)

April 5, 2001

April 5, 2001

PACER
3

MOTION by plaintiff Johnny Maynor for preliminary injunction filed (KAM) (Entered: 04/05/2001)

April 5, 2001

April 5, 2001

PACER

FILING FEE paid: on 4/10/01 in the amount of $ 150.00 receipt # 200 162961. (SWB) (Entered: 04/10/2001)

April 10, 2001

April 10, 2001

PRO HAC VICE admission fee of $50.00 paid on 4/10/01 receipt # 200 162960 (SWB) (Entered: 04/12/2001)

April 10, 2001

April 10, 2001

4

CROSSCLAIM by dfts Morgan County, AL, Steve Crabbe, Myra Yates, Larry Bennich, Jeff Clark, Don Stisher, Stacy George, Faye Sparkman against dfts Don Siegelman & Mike Haley filed cs (SWB) (Entered: 04/11/2001)

April 10, 2001

April 10, 2001

PACER
5

MOTION by pla for attorney Lisa Kung to appear pro hac vice filed cs (SWB) (Entered: 04/12/2001)

April 10, 2001

April 10, 2001

PACER
6

NOTICE of appearance for plaintiff by Lisa Kung filed (SWB) (Entered: 04/12/2001)

April 10, 2001

April 10, 2001

PACER

FILING FEE paid: on 4/10/01 in the amount of $ 150.00 receipt # 200 162961. (SWB)

April 10, 2001

April 10, 2001

PACER

PRO HAC VICE admission fee of $50.00 paid on 4/10/01 receipt # 200 162960 (SWB)

April 10, 2001

April 10, 2001

PACER

COURTROOM NOTES: Hearing on Plffs' motion to certify class and motion for preliminary injunction before the Honorable U.W. Clemon, Chief USDJ in Decatur, AL − opening remarks − ORAL RULING that a separate order granting Plffs' motion to certify class action [2−1] will be entered (CLEMON) − Plffs' testimony − Plff's rest − Deft Co.'s testimony − Court's witness − Deft Co.'s testimony cont'd − Deft Co. rests − Deft State of AL's testimony − Deft State of AL rests − closing remarks − ORAL RULING to ISSUE & GRANT Plffs' motion for Preliminary Injunction and DIRECTING the State to develop proposed plans by April 20, 2001 to move state inmates from the Morgan Co. Jail and to adequately address inmates medical concerns (CLEMON) − Tommy Dempsey, Ct. Rptr. − tgp (TGP) (Entered: 04/13/2001)

April 12, 2001

April 12, 2001

7

5 - ORDER granting motion for attorney Lisa Kung to appear pro hac vice [5-1] ( by Chief Judge U W. Clemon ) entered cm (SWB) (Entered: 04/13/2001)

April 12, 2001

April 12, 2001

PACER

COURTROOM NOTES: Hearing on Plffs' motion to certify class and motion for preliminary injunction before the Honorable U.W. Clemon, Chief USDJ in Decatur, AL - opening remarks - ORAL RULING that a separate order granting Plffs' motion to certify class action [2-1] will be entered (CLEMON) - Plffs' testimony - Plff's rest - Deft Co.'s testimony - Court's witness - Deft Co.'s testimony cont'd - Deft Co. rests - Deft State of AL's testimony - Deft State of AL rests - closing remarks - ORAL RULING to ISSUE & GRANT Plffs' motion for Preliminary Injunction and DIRECTING the State to develop proposed plans by April 20, 2001 to move state inmates from the Morgan Co. Jail and to adequately address inmates medical concerns (CLEMON) - Tommy Dempsey, Ct. Rptr. - tgp (TGP)

April 12, 2001

April 12, 2001

PACER
8

ORDER (Class Certification) based on court's findings that named plas as listed are hereby certified as class representatives consisting of all persons as stated; this certification is conditional filed ( by Chief Judge U W. Clemon ) cm (SWB) (Entered: 04/13/2001)

April 13, 2001

April 13, 2001

PACER
10

ORDER (Preliminary Injunction) based on the accompanying preliminary findings of fact & conclusions of law that on the posting of bond or cash in amt of $5.00, dfts Steve Crabbe, Myra Yates & others are hereby preliminarily enjoined from conditions as stated; that dft Mike Haley(AL Dept of Corr) & others are preliminarily enjoined from as stated; USM to serve copy of preliminary injunction on Steve Crabbe, Myra Yates, Mike Haley & Cecil Atchison; this preliminary injunction to remain in effect pending further orders of this court filed ( by Chief Judge U W. Clemon ) cm (SWB) (Entered: 04/17/2001)

April 17, 2001

April 17, 2001

PACER
9

FINDINGS(Preliminary) of fact and conclusions of law filed ( by Chief Judge U W. Clemon ) cm (SWB)

April 17, 2001

April 17, 2001

Clearinghouse
11

NOTICE of compliance(Report) by dft Mike Haley with order [10-1] filed cs (SWB) Modified on 04/19/2001 (Entered: 04/19/2001)

April 18, 2001

April 18, 2001

PACER

SUMMONS and complaint issued & ret to pla for service (SWB) (Entered: 04/18/2001)

April 18, 2001

April 18, 2001

SUMMONS and complaint issued & ret to pla for service (SWB)

April 18, 2001

April 18, 2001

PACER
12

BOND; Preliminary Injunction in amount of $ 5.00 filed by plaintiff (see order #10) (SWB) Modified on 04/19/2001 (Entered: 04/19/2001)

April 19, 2001

April 19, 2001

PACER
13

NOTICE of appearance for plaintiffs by Robert M Shipman filed cs (SWB) (Entered: 04/20/2001)

April 19, 2001

April 19, 2001

PACER
16

MOTION by dft Mike Haley for relief from, and to clarify order of 4/17/01 [10-1] filed cs (SWB) (Entered: 04/27/2001)

April 25, 2001

April 25, 2001

PACER
14

11 - ORDER-approved dft's Haley's report as requested by the court ( by Chief Judge U W. Clemon ) entered cm (MAA) (Entered: 04/26/2001)

April 26, 2001

April 26, 2001

PACER
15

SUMMONS and complaint returned executed: upon dfts Steve Crabbe, Myra Yates, Larry Bennich, Jeff Clark, Don Stisher, Stacy George, Faye Sparkman on 4/19/01, Don Siegelman, Mike Haley on 4/18/01 filed (SWB) (Entered: 04/26/2001)

April 26, 2001

April 26, 2001

PACER
17

NOTICE(Report to Court) filed by plaintiffs cs (SWB) (Entered: 04/27/2001)

April 26, 2001

April 26, 2001

PACER
18

RETURN of service of preliminary injunction as to Shefiff Steve Crabbe & Myra Yates on 4/24/01 filed (SWB) (Entered: 04/27/2001)

April 27, 2001

April 27, 2001

PACER
19

RETURN of service of preliminary injunction as to Mike Haley(Commissioner) on 4/27/01 filed (SWB) (Entered: 05/02/2001)

May 1, 2001

May 1, 2001

PACER
22

OBJECTIONS by Morgan Cty dfts to motion for relief & clarification [16-1], [16-2] filed cs (SWB) (Entered: 05/03/2001)

May 1, 2001

May 1, 2001

PACER
23

MOTION by Morgan Cty dfts to clarify, and for relief from certain portions of preliminary injunction [10-1] filed w/afdt of Dwight Gardner att as exh cs (SWB) (Entered: 05/03/2001)

May 1, 2001

May 1, 2001

PACER
20

ORDER that copies of all papers filed in this case should be served on Robert M Shipman, counsel for the class in James Humphrey Chairs, et al vs Morgan Cty Sheriff, et al filed ( by Chief Judge U W. Clemon ) cm (SWB) (Entered: 05/02/2001)

May 2, 2001

May 2, 2001

PACER
21

MOTION by plaintiffs for permanent injunction filed cs (SWB) (Entered: 05/02/2001)

May 2, 2001

May 2, 2001

PACER
24

TRANSCRIPT of Preliminary Injunction Hearing proceedings had before Chief Judge U W. Clemon on 4/12/01 filed - Court Reporter Thomas E Dempsey (SWB) (Entered: 05/07/2001)

May 7, 2001

May 7, 2001

PACER

DOCKET modification (utility event) (SWB) (Entered: 05/10/2001)

May 8, 2001

May 8, 2001

25

ORDER granting motion for relief from [16-1], granting motion to clarify order of 4/17/01 [10-1] [16-2]; that dft Haley is hereby relieved of the obligation to transfer at least one state ready inmate from the Morgan Cty Jail as stated long as he's in compliance w/the removal plan previously filed w/the court filed ( by Chief Judge U W. Clemon ) cm (SWB) (Entered: 05/09/2001)

May 8, 2001

May 8, 2001

PACER
26

ANSWER to complaint by dfts Morgan County AL, Steve Crabbe, Myra Yates, Larry Bennich, Jeff Clark, Don Stisher, Stacy George, Faye Sparkman w/appear by atty(s) William E Shinn Jr & George W Royer Jr filed cs (SWB) (Entered: 05/10/2001)

May 8, 2001

May 8, 2001

PACER

DOCKET modification (utility event) (SWB)

May 8, 2001

May 8, 2001

PACER
27

ANSWER by dfts Don Siegelman & Mike Haley w/appear by atty(s) Andrew W Redd, Albert S Butler filed (SWB) (Entered: 05/10/2001)

May 10, 2001

May 10, 2001

PACER
28

22 - ORDER denying objection [22-1], denying opposition [22-1] ( by Chief Judge U W. Clemon ) entered cm (SWB) (Entered: 05/14/2001)

May 14, 2001

May 14, 2001

PACER
30

MOTION(Unopposed) by dfts to continue hearing on motions for clarification, etc filed cs (SWB) (Entered: 05/29/2001)

May 25, 2001

May 25, 2001

PACER
29

Report of Parties (form 35) of compliance with FRCP 26 filed w/exhs att (SWB) (Entered: 05/29/2001)

May 29, 2001

May 29, 2001

PACER
31

30 - ORDER granting motion to continue hearing on motions for clarification, etc [30-1] ( by Chief Judge U W. Clemon ) entered cm (SWB) (Entered: 05/30/2001)

May 29, 2001

May 29, 2001

PACER
32

REQUEST by plaintiffs for entry upon land for inspection & other inspection & other purposes filed cs (SWB) (Entered: 06/25/2001)

June 18, 2001

June 18, 2001

PACER
33

MOTION by plas for order for entry upon land for inspection & other purposes filed cs (SWB) (Entered: 06/29/2001)

June 29, 2001

June 29, 2001

PACER
34

33 - ORDER finding the motion for order for entry upon land for inspection & other purposes [33-1] moot ( by Chief Judge U W. Clemon ) entered cm (MAA) (Entered: 07/03/2001)

July 2, 2001

July 2, 2001

PACER
35

SUBMISSION(Supplemental) by dfts in support of motion for clarification & relief, etc filed w/exhs att cs (SWB) (Entered: 07/09/2001)

July 9, 2001

July 9, 2001

PACER
38

SUBMISSION (Supplemental) by Morgan Cty dfts in support of motion for clarification & relief, etc filed w/exhs att cs (SWB) (Entered: 07/18/2001)

July 9, 2001

July 9, 2001

PACER

COURTROOM NOTES:Hearing before the Honorable U. W. Clemon, CUDSJ, at Decatur, AL − opening remarks of the court − hearing continued until 10:00 am on September 13, 2001 − (Tommy Dempsey, rptr.) (DGS) (Entered: 07/11/2001)

July 10, 2001

July 10, 2001

COURTROOM NOTES:Hearing before the Honorable U. W. Clemon, CUDSJ, at Decatur, AL - opening remarks of the court - hearing continued until 10:00 am on September 13, 2001 - (Tommy Dempsey, rptr.) (DGS)

July 10, 2001

July 10, 2001

PACER
36

ORDER extending TRO & continuing hearing on pending motions set for 9/13/01 at 10:00 am in Decatur, AL ; parties to either present proposed settlement agreement to court or resume discovery efforts filed ( by Chief Judge U W. Clemon ) cm (SWB) (Entered: 07/11/2001)

July 11, 2001

July 11, 2001

PACER
37

RETURN of service re preliminary injunction to Cecil Atchison (Transfer Dir) on 4/23/01 filed (SWB) (Entered: 07/13/2001)

July 12, 2001

July 12, 2001

PACER
39

MOTION(Joint) by parties for order to provide notice of class action settlement filed (SWB) (Entered: 08/01/2001)

July 31, 2001

July 31, 2001

PACER
40

39 - ORDER granting motion for order to provide notice of class action settlement [39-1] ( by Chief Judge U W. Clemon ) entered cm (SWB) (Entered: 08/03/2001)

Aug. 2, 2001

Aug. 2, 2001

PACER
41

ORDER on class notice upon consideration of parties' joint motion to provide notice of consent order; that dft require 2 copies of terms of proposed consent order be posted as stated filed ( by Chief Judge U W. Clemon ) cm (SWB) (Entered: 08/03/2001)

Aug. 3, 2001

Aug. 3, 2001

PACER
42

ORDER(Notice of Class Action Settlement) scheduling fairness hearing of proposed consent order ; In-court hearing set for 9:30 am on 9/24/01 in Decatur, AL filed ( by Chief Judge U W. Clemon ) cm (SWB) (Entered: 08/03/2001)

Aug. 3, 2001

Aug. 3, 2001

PACER
43

MOTION by dfts for relief from proposed final consent order filed w/atts cs (SWB) (Entered: 09/13/2001)

Sept. 13, 2001

Sept. 13, 2001

PACER
44

43 - ORDER granting motion for temporary relief from proposed final consent order as set out in the motion [43-1] ( by Chief Judge U W. Clemon ) entered cm (DWC) (Entered: 09/20/2001)

Sept. 20, 2001

Sept. 20, 2001

PACER

COURTROOM NOTES: FAIRNESS HEARING (UWC) − at Decatur, AL − opening remarks of the court − written order to be entered by the court − (Tommy Dempsey, rptr.) (DGS) (Entered: 09/24/2001)

Sept. 24, 2001

Sept. 24, 2001

COURTROOM NOTES: FAIRNESS HEARING (UWC) - at Decatur, AL - opening remarks of the court - written order to be entered by the court - (Tommy Dempsey, rptr.) (DGS)

Sept. 24, 2001

Sept. 24, 2001

PACER
45

ORDER (Consent Decree applicable to the Plaintiff Class & the County Dfts) that the court finds the Proposed Consent Decree is FINALLY APPROVED in accordance w/ the provisions as set out in this Order filed ( by Chief Judge U W. Clemon ) cm (DWC) (Entered: 09/25/2001)

Sept. 25, 2001

Sept. 25, 2001

Clearinghouse
46

ORDER granting motion for permanent injunction [21-1]; the dft Mike Haley, in his official capacity, his agents, managers, supervisors, employees & successors is PERMANENTLY ENJOINED from failing to transfer at least one state ready inmate from the Morgan Cty Jail to a state prison for each state ready inmate transferred to a state prison from any other county jail in the State of AL, until ordered by the Court filed ( by Chief Judge U W. Clemon ) cm (DWC) (Entered: 09/25/2001)

Sept. 25, 2001

Sept. 25, 2001

Clearinghouse
47

ORDER (Final Judgment) consistent w/ the Consent Decree Applicable to the Plaintiff Class & the County Dfts & the Permanent Injunction this case is DISMISSED w/o prej; costs are taxed equally against the County Dfts & the State Dfts as set out filed: ( by Chief Judge U W. Clemon ), to dismiss case cm (DWC) (Entered: 09/25/2001)

Sept. 25, 2001

Sept. 25, 2001

PACER
48

MOTION by pla for costs & attorney fees filed cs (DWC) (Entered: 10/04/2001)

Oct. 3, 2001

Oct. 3, 2001

PACER
49

48 - ORDER denying motion for costs & attorney fees [48-1] ( by Chief Judge U W. Clemon ) entered cm (DWC) (Entered: 10/12/2001)

Oct. 11, 2001

Oct. 11, 2001

PACER

DOCKET modification (utility event) dismissing party James Brown pursuant to 10/12/01 order see doc 50 (DWC) (Entered: 10/12/2001)

Oct. 12, 2001

Oct. 12, 2001

50

ORDER that on his request, James F Brown III, is STRICKEN as a named pla & class representative; as a class member, said party is bound by the decision in this case filed ( by Chief Judge U W. Clemon ) cm (DWC) (Entered: 10/12/2001)

Oct. 12, 2001

Oct. 12, 2001

PACER
51

REQUEST (Letter) by pla James Brown to be withdrawn from this civil suit filed (DWC) (Entered: 10/12/2001)

Oct. 12, 2001

Oct. 12, 2001

PACER
52

MOTION by pla to withdraw pla's motion for atty's fees [48-1] filed cs (DWC) (Entered: 10/15/2001)

Oct. 12, 2001

Oct. 12, 2001

PACER

DOCKET modification (utility event) dismissing party James Brown pursuant to 10/12/01 order see doc 50 (DWC)

Oct. 12, 2001

Oct. 12, 2001

PACER

DOCKET modification (utility event) withdrawing motion for costs & attorney fees [48−1] pursuant to 10/25/01 order see doc 53 (DWC) (Entered: 10/25/2001)

Oct. 25, 2001

Oct. 25, 2001

53

52 - ORDER granting motion to withdraw pla's motion for atty's fees [48-1] [52-1] ( by Chief Judge U W. Clemon ) entered cm (DWC) (Entered: 10/25/2001)

Oct. 25, 2001

Oct. 25, 2001

PACER

DOCKET modification (utility event) withdrawing motion for costs & attorney fees [48-1] pursuant to 10/25/01 order see doc 53 (DWC)

Oct. 25, 2001

Oct. 25, 2001

PACER
54

MOTION by movant Robert E Walker III to intervene as a party to this class action issue pursuant to Rule 24 filed cs (DWC) (Entered: 12/11/2001)

Dec. 11, 2001

Dec. 11, 2001

PACER
55

54 - ORDER movant Robert E Walker's motion to intervene as a party to this class action issue [54-1] is OVERRULED w/o prej ( by Chief Judge U W. Clemon ) entered cm (DWC) (Entered: 12/21/2001)

Dec. 20, 2001

Dec. 20, 2001

PACER
56

MOTION (Request) by movant Robert E Walker III for order allowing movant Robert Walker III a copy of the transcript w/o cost w/declaration in support filed cs (DWC) Modified on 06/13/2002 (Entered: 06/13/2002)

June 12, 2002

June 12, 2002

PACER
57

56 - ORDER that movant Robert Walker III's motion for order allowing said movant a copy of the transcript w/o cost [56-1] is OVERRULED w/o prej ( by Chief Judge U W. Clemon ) entered cm (DWC) (Entered: 06/27/2002)

June 27, 2002

June 27, 2002

PACER
58

JOINT MOTION by plas & County dfts to modify Consent Decree as set out filed (DWC) (Entered: 06/16/2003)

June 13, 2003

June 13, 2003

PACER
59

58 - ORDER granting joint motion to modify paragraph 27 of the Consent Decree entered 9/25/01 as set out [58-1] (by Chief Judge U W. Clemon) entered cm (Former Employee) (Entered: 06/18/2003)

June 17, 2003

June 17, 2003

PACER
60

MOTION Amend Consent Decree re 45 Order by Johnny Maynor. (Velez, Melanie) (Entered: 09/20/2005)

Sept. 20, 2005

Sept. 20, 2005

PACER
61

STATUS REPORT and Request for Extension of Completion Deadline by Morgan County, AL, Myra Yates, Larry Bennich, Jeff Clark, Don Stisher, Stacy George, Faye Sparkman. (Royer, George) (Entered: 12/01/2005)

Dec. 1, 2005

Dec. 1, 2005

PACER
62

NOTICE by Don Siegelman, Mike Haley, Morgan County, AL, Steve Crabbe, Myra Yates, Larry Bennich, Jeff Clark, Don Stisher, Stacy George, Faye Sparkman re 61 Status Report of Submission of Affidavit of James Davis (Royer, George) (Entered: 12/05/2005)

Dec. 5, 2005

Dec. 5, 2005

PACER

ORDER GRANTING Joint Motion to Amend Consent Decree 60 ; defendant's Request for Extension of Completion Deadline 61 is hereby GRANTED and is EXTENDED until January 15, 2006. Signed by Judge U W Clemon on December 8, 2005. (SRJ, req of RM) (Entered: 12/08/2005)

Dec. 8, 2005

Dec. 8, 2005

ORDER GRANTING Joint Motion to Amend Consent Decree 60 ; defendant's Request for Extension of Completion Deadline 61 is hereby GRANTED and is EXTENDED until January 15, 2006. Signed by Judge U W Clemon on December 8, 2005. (SRJ, req of RM)

Dec. 8, 2005

Dec. 8, 2005

PACER
63

NOTICE of Appearance by Donald R Rhea on behalf of Steve Crabbe (Rhea, Donald) (Entered: 02/17/2006)

Feb. 17, 2006

Feb. 17, 2006

PACER
64

MOTION for Protective Order by Greg Bartlett by Steve Crabbe. (Rhea, Donald) (Entered: 02/17/2006)

Feb. 17, 2006

Feb. 17, 2006

PACER
65

MOTION to Dismiss by Myra Yates. (Rhea, Donald) (Entered: 02/17/2006)

Feb. 17, 2006

Feb. 17, 2006

PACER

ORDER GRANTING 65 Motion to Dismiss . Signed by Judge U W Clemon on March 8, 2006. (SRJ, req of RM) (Entered: 03/08/2006)

March 8, 2006

March 8, 2006

66

NOTICE of Hearing on Motion 64 MOTION for Protective Order by Greg Bartlett: Motion Hearing set for 3/15/2006 02:00 PM before Chief Judge U W Clemon, in Decatur, Alabama. (DGS, ) (Entered: 03/08/2006)

March 8, 2006

March 8, 2006

PACER

ORDER GRANTING 65 Motion to Dismiss . Signed by Judge U W Clemon on March 8, 2006. (SRJ, req of RM)

March 8, 2006

March 8, 2006

PACER
67

MOTION to Withdraw of William E. Shinn, Jr., and George W. Royer, Jr., as Counsel for Defendant Sheriff Greg Bartlett by Morgan County, AL, Steve Crabbe, Larry Bennich, Jeff Clark, Don Stisher, Stacy George, Faye Sparkman. (Royer, George) (Entered: 03/10/2006)

March 10, 2006

March 10, 2006

PACER

ORDER granting 67 Motion to Withdraw . Signed by Judge U W Clemon on 3/13/2006. (SRJ, req of RM) (Entered: 03/13/2006)

March 13, 2006

March 13, 2006

ORDER granting 67 Motion to Withdraw . Signed by Judge U W Clemon on 3/13/2006. (SRJ, req of RM)

March 13, 2006

March 13, 2006

PACER
68

STATUS REPORT Plaintiffs' Pre-hearing Submission Regarding Transition to the New Morgan County Jail by Johnny Maynor. (Attachments: # 1 Appendix Index of Attachments# 2 Exhibit Attachment 1 Staffing Plan A (Nov 2005)# 3 Exhibit Attachment 2 Staffing Plan Undated# 4 Exhibit Decatur Daily article# 5 Exhibit Letter from Hendrix to Shinn# 6 Exhibit Ltr from Rohr to Shinn# 7 Exhibit Ltr from Velez & Kung to Shinn)(Velez, Melanie) (Entered: 03/14/2006)

1 Appendix Index of Attachments

View on PACER

2 Exhibit Attachment 1 Staffing Plan A (Nov 2005)

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3 Exhibit Attachment 2 Staffing Plan Undated

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4 Exhibit Decatur Daily article

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5 Exhibit Letter from Hendrix to Shinn

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6 Exhibit Ltr from Rohr to Shinn

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7 Exhibit Ltr from Velez & Kung to Shinn

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March 14, 2006

March 14, 2006

PACER
69

Statement of Facts in Support of Position of Sheriff Greg Bartlett by Steve Crabbe. (Rhea, Donald) (Entered: 03/14/2006)

March 14, 2006

March 14, 2006

PACER

Minute Entry for proceedings held before Judge U W Clemon : Motion Hearing held on 3/15/2006 re 64 MOTION for Protective Order by Greg Bartlett filed by Steve Crabbe − opening remarks of the court − testimony of defendant Sheriff − defendant Sheriff rests − testimony of defendant Morgan Co. Commission − defendant Morgan Co. Commission rests − testimony of plaintiffs − plaintiffs rest − taken under submission − written order to be entered by the court. (Court Reporter Penny Enoch.) (DGS, ) (Entered: 03/16/2006)

March 15, 2006

March 15, 2006

Minute Entry for proceedings held before Judge U W Clemon : Motion Hearing held on 3/15/2006 re 64 MOTION for Protective Order by Greg Bartlett filed by Steve Crabbe - opening remarks of the court - testimony of defendant Sheriff - defendant Sheriff rests - testimony of defendant Morgan Co. Commission - defendant Morgan Co. Commission rests - testimony of plaintiffs - plaintiffs rest - taken under submission - written order to be entered by the court. (Court Reporter Penny Enoch.) (DGS, )

March 15, 2006

March 15, 2006

PACER
70

MEMORANDUM OPINION. Signed by Judge U W Clemon on March 21, 2006. (SRJ, )

March 21, 2006

March 21, 2006

Clearinghouse
71

ORDER consistent with the Court's accompanying Memorandum Opinion 70, the Consent Decree as supplemented and amended by Order of 9/8/2005 is hereby INTERPRETED to mean that in the event three (3) pods of the new jail are occupied they must be staffed collectively by at least eight-eight (88) officers. Signed by Judge U W Clemon on March 21, 2006. (SRJ, ) (Entered: 03/21/2006)

March 21, 2006

March 21, 2006

PACER
73

ORDER -County defendants are hereby ORDERED to file with the court a complete and full accounting of all meetings, deliberations and recommendations of the Task Force within 30 days as set out in order. Signed by Judge U W Clemon on 4/25/06. (MAA, ) (Entered: 04/25/2006)

April 25, 2006

April 25, 2006

Clearinghouse
74

Remark - Court's Order entered April 25, 2006 73 mailed to Robert E. Walker, III was returned stamp marked "Return To Sender" and noted EOS 7/29/2002 (end of sentence). (SRJ, ) (Entered: 05/09/2006)

May 2, 2006

May 2, 2006

PACER
75

STATUS REPORT Regarding Activities of Task Force by Morgan County, AL, Larry Bennich, Jeff Clark, Don Stisher, Stacy George, Faye Sparkman. (Royer, George) (Entered: 05/23/2006)

May 23, 2006

May 23, 2006

Clearinghouse

Case Details

State / Territory: Alabama

Case Type(s):

Jail Conditions

Special Collection(s):

Multi-LexSum (in sample)

Post-PLRA enforceable consent decrees

Key Dates

Filing Date: April 5, 2001

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All persons who are now or will be in the future confined in Morgan County Jail, including both convicted persons and pretrial detainees.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Southern Center for Human Rights (SCHR)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State of Alabama, State

Morgan County (Morgan), County

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Preliminary relief granted

Order Duration: 2001 - None

Issues

General/Misc.:

Access to lawyers or judicial system

Bathing and hygiene

Classification / placement

Fire safety

Food service / nutrition / hydration

Funding

Religious programs / policies

Sanitation / living conditions

Staff (number, training, qualifications, wages)

Totality of conditions

Affected Sex/Gender(s):

Female

Male

Jails, Prisons, Detention Centers, and Other Institutions:

Crowding (General)

Crowding: Post-PLRA Population Cap

Law library access

Recreation / Exercise

Visiting

Medical/Mental Health Care:

Medical care, general

Medication, administration of

Mental health care, general