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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 attrorneys, see: https://www.courtlistener.com/docket/5345728/parties/maynor-v-morgan-county-al/


Judge(s)

Birch, Stanley F. Jr. (Georgia)

Clemon, U. W. (Alabama)

Dubina, Joel Fredrick (Alabama)

Siler, Eugene Edward Jr. (Kentucky)

Attorneys(s) for Plaintiff

Bright, Stephen B. (Georgia)

Geraghty, Sarah E. (Georgia)

Kung, Lisa L. (Georgia)

Littman, Aaron Michael (Georgia)

Russell, John A. III (Alabama)

Sealy, Brooke (Georgia)

Judge(s)

Birch, Stanley F. Jr. (Georgia)

Clemon, U. W. (Alabama)

Dubina, Joel Fredrick (Alabama)

Siler, Eugene Edward Jr. (Kentucky)

Attorneys(s) for Plaintiff

Bright, Stephen B. (Georgia)

Geraghty, Sarah E. (Georgia)

Kung, Lisa L. (Georgia)

Littman, Aaron Michael (Georgia)

Russell, John A. III (Alabama)

Sealy, Brooke (Georgia)

Serwer, Tamara H. (Georgia)

Shipman, Robert (Alabama)

Velez, Melanie (Georgia)

Attorneys(s) for Defendant

Butler, Albert Sims (Alabama)

Langston, David W. (Alabama)

Lovelace, Barnes F. Jr. (Alabama)

Maclin, T. Mark (Alabama)

Redd, Andrew Weldon (Alabama)

Rhea, Donald R. (Alabama)

Royer, George W. Jr. (Alabama)

Shinn, William Jr. (Alabama)

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
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 Dec. 5, 2022, 3:19 a.m.

ECF Number Description Date Link Date / Link
1

Complaint

April 5, 2001

April 5, 2001

PACER
2

Motion to Certify Class

April 5, 2001

April 5, 2001

PACER
3

Motion for Preliminary Injunction

April 5, 2001

April 5, 2001

PACER
4

Crossclaim

April 10, 2001

April 10, 2001

PACER
5

Description not available

April 10, 2001

April 10, 2001

PACER
6

Appearance Through Counsel

April 10, 2001

April 10, 2001

PACER

PHV Fee Paid

April 10, 2001

April 10, 2001

PACER

Filing Fee Received

April 10, 2001

April 10, 2001

PACER
7

Order

April 12, 2001

April 12, 2001

PACER

Stipulation of Dismissal

April 12, 2001

April 12, 2001

PACER
8

Order

April 13, 2001

April 13, 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

RECAP
10

Order

April 17, 2001

April 17, 2001

PACER
11

Notice (Other)

April 18, 2001

April 18, 2001

PACER

Summons Issued

April 18, 2001

April 18, 2001

PACER
12

Bond

April 19, 2001

April 19, 2001

PACER
13

Appearance Through Counsel

April 19, 2001

April 19, 2001

PACER
16

Motion for Reconsideration

April 25, 2001

April 25, 2001

PACER
14

Order

April 26, 2001

April 26, 2001

PACER
15

Summons Returned Executed

April 26, 2001

April 26, 2001

PACER
17

Notice (Other)

April 26, 2001

April 26, 2001

PACER
18

Writ Returned

April 27, 2001

April 27, 2001

PACER
19

Writ Returned

May 1, 2001

May 1, 2001

PACER
22

Objection to Report and Recommendations

May 1, 2001

May 1, 2001

PACER
23

Motion to Amend/Correct

May 1, 2001

May 1, 2001

PACER
20

Order

May 2, 2001

May 2, 2001

PACER
21

Motion for Permanent Injunction

May 2, 2001

May 2, 2001

PACER
24

Transcript

May 7, 2001

May 7, 2001

PACER
25

Order

May 8, 2001

May 8, 2001

PACER
26

Answer to Complaint

May 8, 2001

May 8, 2001

PACER

Order

May 8, 2001

May 8, 2001

PACER
27

Answer to Complaint

May 10, 2001

May 10, 2001

PACER
28

Order

May 14, 2001

May 14, 2001

PACER
30

Motion to Continue

May 25, 2001

May 25, 2001

PACER
29

Description not available

May 29, 2001

May 29, 2001

PACER
31

Order

May 29, 2001

May 29, 2001

PACER
32

Request for Production of Documents

June 18, 2001

June 18, 2001

PACER
33

Motion for Miscellaneous Relief

June 29, 2001

June 29, 2001

PACER
34

Order

July 2, 2001

July 2, 2001

PACER
35

Response in Support of Motion

July 9, 2001

July 9, 2001

PACER
38

Response in Support of Motion

July 9, 2001

July 9, 2001

PACER

Stipulation of Dismissal

July 10, 2001

July 10, 2001

PACER
36

Order

July 11, 2001

July 11, 2001

PACER
37

Writ Returned

July 12, 2001

July 12, 2001

PACER
39

Motion for Miscellaneous Relief

July 31, 2001

July 31, 2001

PACER
40

Order

Aug. 2, 2001

Aug. 2, 2001

PACER
41

Order

Aug. 3, 2001

Aug. 3, 2001

PACER
42

Order

Aug. 3, 2001

Aug. 3, 2001

PACER
43

Motion for Reconsideration

Sept. 13, 2001

Sept. 13, 2001

PACER
44

Order

Sept. 20, 2001

Sept. 20, 2001

PACER

Stipulation of Dismissal

Sept. 24, 2001

Sept. 24, 2001

PACER
45

Order

Sept. 25, 2001

Sept. 25, 2001

PACER
46

Order

Sept. 25, 2001

Sept. 25, 2001

PACER
47

Order on Motion to Dismiss

Sept. 25, 2001

Sept. 25, 2001

PACER
48

Motion for Attorney Fees

Oct. 3, 2001

Oct. 3, 2001

PACER
49

Order

Oct. 11, 2001

Oct. 11, 2001

PACER
50

Order

Oct. 12, 2001

Oct. 12, 2001

PACER
51

Request for Production of Documents

Oct. 12, 2001

Oct. 12, 2001

PACER
52

Motion to Withdraw

Oct. 12, 2001

Oct. 12, 2001

PACER

Order

Oct. 12, 2001

Oct. 12, 2001

PACER
53

Order

Oct. 25, 2001

Oct. 25, 2001

PACER

Minutes - Miscellaneous

Oct. 25, 2001

Oct. 25, 2001

PACER
54

Motion to Intervene

Dec. 11, 2001

Dec. 11, 2001

PACER
55

Order

Dec. 20, 2001

Dec. 20, 2001

PACER
56

Motion for Miscellaneous Relief

June 12, 2002

June 12, 2002

PACER
57

Order

June 27, 2002

June 27, 2002

PACER
58

Motion to Amend/Correct

June 13, 2003

June 13, 2003

PACER
59

Order

June 17, 2003

June 17, 2003

PACER
60

Motion for Miscellaneous Relief

Sept. 20, 2005

Sept. 20, 2005

PACER
61

Status Report

Dec. 1, 2005

Dec. 1, 2005

PACER
62

Notice (Other)

Dec. 5, 2005

Dec. 5, 2005

PACER

Order on Motion for Miscellaneous Relief

Dec. 8, 2005

Dec. 8, 2005

PACER
63

Notice of Appearance

Feb. 17, 2006

Feb. 17, 2006

PACER
64

Motion for Protective Order

Feb. 17, 2006

Feb. 17, 2006

PACER
65

Motion to Dismiss

Feb. 17, 2006

Feb. 17, 2006

PACER
66

Notice of Hearing on Motion

March 8, 2006

March 8, 2006

PACER

Order on Motion to Dismiss

March 8, 2006

March 8, 2006

PACER
67

Motion to Withdraw

March 10, 2006

March 10, 2006

PACER

Order on Motion to Withdraw

March 13, 2006

March 13, 2006

PACER
68

Status Report

1 Appendix Index of Attachments

View on PACER

2 Exhibit Attachment 1 Staffing Plan A (Nov 2005)

View on PACER

3 Exhibit Attachment 2 Staffing Plan Undated

View on PACER

4 Exhibit Decatur Daily article

View on PACER

5 Exhibit Letter from Hendrix to Shinn

View on PACER

6 Exhibit Ltr from Rohr to Shinn

View on PACER

7 Exhibit Ltr from Velez & Kung to Shinn

View on PACER

March 14, 2006

March 14, 2006

PACER
69

Statement of Facts

March 14, 2006

March 14, 2006

PACER

Terminate Hearings

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

RECAP
71

Order

March 21, 2006

March 21, 2006

PACER
73

Order

April 25, 2006

April 25, 2006

PACER
74

Remark

May 2, 2006

May 2, 2006

PACER
75

Status Report

May 23, 2006

May 23, 2006

PACER
76

Affidavit

1 Exhibits 1 through 38 to the Affidavit of William E. Shinn Jr.

View on PACER

2 Exhibits 39 through 63 to the Affidavit of William E. Shinn Jr.

View on PACER

May 23, 2006

May 23, 2006

PACER
77

Affidavit

May 23, 2006

May 23, 2006

PACER
78

Affidavit

May 23, 2006

May 23, 2006

PACER
79

Notice (Other)

1 Affidavit of Greg Bartlett

View on PACER

May 23, 2006

May 23, 2006

PACER
80

Order

Dec. 17, 2007

Dec. 17, 2007

PACER
81

Remark

Dec. 27, 2007

Dec. 27, 2007

PACER
82

Motion to Amend/Correct

Nov. 3, 2008

Nov. 3, 2008

PACER
83

Motion for Sanctions

Nov. 6, 2008

Nov. 6, 2008

PACER
84

Order

Nov. 10, 2008

Nov. 10, 2008

PACER
85

Status Report

Dec. 23, 2008

Dec. 23, 2008

PACER
86

Order to Show Cause

Dec. 30, 2008

Dec. 30, 2008

PACER
87

Order

Dec. 30, 2008

Dec. 30, 2008

PACER

Remark

Dec. 30, 2008

Dec. 30, 2008

PACER

Case Details

State / Territory: Alabama

Case Type(s):

Jail Conditions

Special Collection(s):

Post-PLRA enforceable consent decrees

Multi-LexSum (in sample)

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

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Cruel and Unusual Punishment

Availably 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

Order Duration: 2001 - None

Content of Injunction:

Preliminary relief granted

Issues

General:

Access to lawyers or judicial system

Bathing and hygiene

Classification / placement

Fire safety

Food service / nutrition / hydration

Funding

Law library access

Recreation / Exercise

Religious programs / policies

Sanitation / living conditions

Staff (number, training, qualifications, wages)

Totality of conditions

Visiting

Crowding:

Crowding / caseload

Post-PLRA Population Cap

Affected Gender:

Female

Male

Medical/Mental Health:

Medical care, general

Medication, administration of

Mental health care, general

Type of Facility:

Government-run