Case: Stinson v. Fulton County

1:94-cv-00240 | U.S. District Court for the Northern District of Georgia

Filed Date: Jan. 28, 1994

Closed Date: 2005

Clearinghouse coding complete

Case Summary

On January 28, 1994, a man incarcerated at the Fulton County Jail filed a class action lawsuit under 42 U.S.C. §1983 against the Fulton County public defender program, in the U.S. District Court for the Northern District of Georgia. The plaintiff, represented by court-appointed counsel and attorneys from the Southern Center for Human Rights, sought declaratory and injunctive relief from violations of his rights as secured by the Sixth Amendment, the Equal Protection Clause, the Due Process Clau…

On January 28, 1994, a man incarcerated at the Fulton County Jail filed a class action lawsuit under 42 U.S.C. §1983 against the Fulton County public defender program, in the U.S. District Court for the Northern District of Georgia. The plaintiff, represented by court-appointed counsel and attorneys from the Southern Center for Human Rights, sought declaratory and injunctive relief from violations of his rights as secured by the Sixth Amendment, the Equal Protection Clause, the Due Process Clause, and the Georgia Constitution. Specifically, Plaintiff alleged that Fulton County knowingly under-funded its indigent defense program, and that it denied indigent defendants access to counsel during critical parts of trial.

On June 30, 1994, the defendants submitted a motion to dismiss the case. On September 15, 1994, the District Court (Judge Julie E. Carnes on behalf of Judge G. E. Tidwell) granted the motion as to the plaintiff's state law claim, but denied the motion as to the federal constitutional claims. On November 29, 1994, the plaintiffs submitted a motion to certify the case as a class action. The parties engaged in several months of discovery on this issue. On December 21, 1995, the Court (Judge Tidwell) signed a consent order that allowed the plaintiffs to conduct interviews at Fulton County Jail as part of the class certification process.

On June 13, 1996, the District Court (Judge Tidwell) certified a class composed of "[a]ll persons charged with non-homicide felony offenses within Fulton County who are not released on bond but who, instead, are incarcerated at the Fulton County Jail, and who, during the period up to, but not including, indictment or arraignment, are denied access to counsel." On June 28, 1996, the defendants petitioned the Court for reconsideration of its order certifying a class, and asked that the Court certify the question to the Eleventh Circuit Court of Appeals. Judge Tidwell denied these motions on August 26, 1996.

Both parties filed motions for summary judgment on February 3, 1997. The District Court (Judge Tidwell) denied both motions on July 24, 1997. On August 15, 1997, the defendants submitted a motion for a protective order to prevent plaintiffs' counsel from interviewing class members in private; on September 4, 1997, Judge Tidwell denied this motion

The parties soon entered into a series of mediation conferences with Magistrate Judge John R. Strother Jr.

On May 21, 1999, the District Court (Judge Tidwell) signed a Consent Order of settlement, and administratively terminated the case. In the Consent Order, the defendants acknowledged the need to hire more attorneys and promised to make good-faith efforts to ensure that indigent, non-homicide felony offenders would be afforded speedy consultations by trained legal staff. The Order also established average annual caseloads for the public defender program. The Order included a three-year period of semi-annual reports to ensure that the agreement was being properly implemented.

All six reports were filed, and it appears that the case sat otherwise inactive in the intervening years.

On June 17, 2005, the plaintiffs submitted a motion to amend several paragraphs of the 1999 Consent Order to conform to the Georgia Indigent Defense Act of 2003, and standards promulgated by the Public Defender Standard Council, which afforded more comprehensive and specific rights to indigent defendants than the language of the 1999 Order. Fulton County responded that it had no objection to the motion, and the District Court (Judge Tidwell) granted the motion on July 27, 2005.

The docket indicates no further activity in this case.

Summary Authors

Nick Niles (7/10/2007)

People


Judge(s)

Feldman, Joel Martin (Georgia)

Strother, John R. Jr. (Georgia)

Tidwell, George Ernest (Georgia)

Attorneys(s) for Plaintiff

Bensing, Robert F. (Georgia)

Bright, Stephen B. (Georgia)

Curia , Lisa Ann (Georgia)

Maloy, W. Bruce (Georgia)

Toone, Robert E. Jr. (Georgia)

Attorneys(s) for Defendant

Allen, Elizabeth F. (Georgia)

Brantley, Overtis Hicks (Georgia)

Judge(s)

Feldman, Joel Martin (Georgia)

Strother, John R. Jr. (Georgia)

Tidwell, George Ernest (Georgia)

Attorneys(s) for Plaintiff

Bensing, Robert F. (Georgia)

Bright, Stephen B. (Georgia)

Curia , Lisa Ann (Georgia)

Maloy, W. Bruce (Georgia)

Toone, Robert E. Jr. (Georgia)

Attorneys(s) for Defendant

Allen, Elizabeth F. (Georgia)

Brantley, Overtis Hicks (Georgia)

Dancy, Rolesia Butler (Georgia)

Ernstes, Viviane H. (Georgia)

Hartwig, Susan M. (Georgia)

Hicks, Charles George (Georgia)

Rosenberg, Steven E. (Georgia)

Rothman, Stephen (Georgia)

Starkey, Rory K. (Georgia)

Turner, William Randall (Georgia)

Documents in the Clearinghouse

Document

1:94-cv-00240

Docket [PACER]

Stinson v. Defender of Indigent, et al

Aug. 30, 2005

Aug. 30, 2005

Docket

1:94-cv-00075

Amended Complaint - Class Action

Stinson v. Fulton County Board of Commissioners

May 1, 1994

May 1, 1994

Complaint
102

1:94-cv-00240

Consent Order

Sam Stinson, et al v. Fulton County Board of Commissioners et al

May 21, 1999

May 21, 1999

Settlement Agreement
121-1

1:94-cv-00240

Motion to Amend Consent Order

Sam Stinson et al v. Fulton County Board of Commissioners et al

June 17, 2005

June 17, 2005

Pleading / Motion / Brief
123

1:94-cv-00240

Defendants' Response to Plaintiff's Motion to Amend Consent Order

Sam Stinson et al v. Fulton County Board of Commissioners et al

July 25, 2005

July 25, 2005

Pleading / Motion / Brief
121-4

1:94-cv-00240

Order [Re: Motion to Amend Consent Order]

Sam Stinson et al v. Fulton County Board of Commissioners et al

July 27, 2005

July 27, 2005

Order/Opinion
124

1:94-cv-00240

Order [Re: Motion to Amend Consent Order]

Sam Stinson et al v. Fulton County Board of Commissioners et al

July 27, 2005

July 27, 2005

Order/Opinion

Resources

Docket

Last updated Aug. 7, 2022, 3 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT, with request to proceed in forma pauperis with ORDER by Magistrate Judge Joel M. Feldman GRANTING request. Original file forwarded to staff law clerk. cc. (fmr emp) (Entered: 01/31/1994)

Jan. 28, 1994

Jan. 28, 1994

2

MOTION by plaintiff Sam Stinson to amend in forma pauperis complaint [1-1] (fmr emp) (Entered: 02/23/1994)

Feb. 22, 1994

Feb. 22, 1994

Add attorney for plaintiff Sam Stinson , W. Bruce Maloy as counsel. (fmr emp) (Entered: 03/31/1994)

March 28, 1994

March 28, 1994

4

MOTION by plaintiff Sam Stinson for appointment of counsel (fmr emp) (Entered: 03/30/1994)

March 29, 1994

March 29, 1994

SUBMITTED on motion to amend in forma pauperis complaint [1-1] by Sam Stinson [2-1], motion for appointment of counsel by Sam Stinson [4-1] to Judge G. E. Tidwell . (fmr emp) (Entered: 04/08/1994)

April 8, 1994

April 8, 1994

5

MOTION by pla to extend time to effectuate service of process (fmr emp) (Entered: 04/26/1994)

April 25, 1994

April 25, 1994

6

ORDER GRANTING motion to extend time thru 5/25/94 to effectuate service of process by Sam Stinson [5-1] by Judge G. E. Tidwell. cc. (fmr emp) (Entered: 04/26/1994)

April 25, 1994

April 25, 1994

7

ANSWERS TO MANDATORY INTERROGATORIES by Sam Stinson (fmr emp) (Entered: 06/01/1994)

May 25, 1994

May 25, 1994

8

AMENDED COMPLAINT [1-1] by Sam Stinson adding Mitch Skandalakis as deft; jury demand (fmr emp) (Entered: 06/01/1994)

May 25, 1994

May 25, 1994

Summons issued and USM285 prepared for service upon deft Fulton County, Mitch Skandalakis . Forwarded to USM with service copy of complaint & amended complaint, consent form to proceed before magistrate, and pretrial instructions, & pla's answers to mandatory interrogs. (fmr emp) (Entered: 06/03/1994)

June 3, 1994

June 3, 1994

9

Return of service executed 6/10/94 as to Fulton County, Mitch Skandalakis on original complaint (fmr emp) (Entered: 06/14/1994)

June 13, 1994

June 13, 1994

10

MOTION by defts Fulton County, Mitch Skandalakis to dismiss with brief in support. (fmr emp) (Entered: 07/01/1994)

June 30, 1994

June 30, 1994

11

ORDER GRANTING motion to amend in forma pauperis complaint [1-1] by Sam Stinson [2-1], denying as moot the motion for appointment of counsel [4-1] by Sam Stinson by Judge G. E. Tidwell. cc. (fmr emp) (Entered: 07/05/1994)

July 1, 1994

July 1, 1994

12

MOTION by pla to extend time to respond to motion to dismiss by Mitch Skandalakis, Fulton County [10-1] (fmr emp) (Entered: 07/18/1994)

July 14, 1994

July 14, 1994

13

ORDER GRANTING motion to extend time thru 7/28/94 to respond to motion to dismiss by Mitch Skandalakis, Fulton County [10-1] by Stinson [12-1] by Judge G. E. Tidwell. cc. (fmr emp) (Entered: 07/18/1994)

July 14, 1994

July 14, 1994

14

Response by pla. to motion to dismiss by defts. [10-1] (fmr emp) (Entered: 07/29/1994)

July 28, 1994

July 28, 1994

15

REPLY by defts. to pla's response to its motion to dismiss [10-1]. (fmr emp) (Entered: 08/16/1994)

Aug. 15, 1994

Aug. 15, 1994

16

ORDER GRANTING IN PART AND DENYING IN PART motion to dismiss by Mitch Skandalakis, Fulton County [10-1]: granted as to pla's state law claims under OCGA 17-7-24 and OCGA 17-12-31 & denied as to pla's 6th amendment claim, equal protection claim and class action claims by Judge Julie E. Carnes for GET. cc. (fmr emp) (Entered: 09/16/1994)

Sept. 15, 1994

Sept. 15, 1994

17

SECOND MOTION by defts Fulton County, Mitch Skandalakis to dismiss with brief in support. (fmr emp) (Entered: 10/03/1994)

Sept. 30, 1994

Sept. 30, 1994

18

ANSWER to complaint [8-1] by defts Fulton County, Mitch Skandalakis . (fmr emp) (Entered: 10/03/1994)

Sept. 30, 1994

Sept. 30, 1994

19

MOTION by defts Fulton County, Mitch Skandalakis for reconsideration of order [16-1] denying defts' motion to dismiss with brief in support. (fmr emp) (Entered: 10/03/1994)

Sept. 30, 1994

Sept. 30, 1994

20

Response by pla. to second motion to dismiss by defts. [17-1], motion for reconsideration of order [16-1] denying defts' motion to dismiss by defts. [19-1] (fmr emp) (Entered: 10/24/1994)

Oct. 20, 1994

Oct. 20, 1994

SUBMITTED on second motion to dismiss by defts. [17-1], motion for reconsideration of order [16-1] denying defts' motion to dismiss by defts. defts. [19-1] to Judge G. E. Tidwell . (fmr emp) (Entered: 10/24/1994)

Oct. 24, 1994

Oct. 24, 1994

21

Petition for leave of absence of Stephen Rothman (to GET w/proposed order) (fmr emp) (Entered: 11/07/1994)

Nov. 4, 1994

Nov. 4, 1994

22

REPLY by Fulton County, Mitch Skandalakis to pla's response to second motion to dismiss by Mitch Skandalakis, Fulton County [17-1] . (fmr emp) (Entered: 11/08/1994)

Nov. 7, 1994

Nov. 7, 1994

23

MOTION by defts. Fulton County, Mitch Skandalakis for oral argument on defts' 2nd motion to dismiss (fmr emp) (Entered: 11/08/1994)

Nov. 7, 1994

Nov. 7, 1994

24

ORDER GRANTING leave of absence of Stephen Rothman [21-1] for 12/5/94 thru 1/9/95 by Judge G. E. Tidwell. cc. (fmr emp) (Entered: 11/14/1994)

Nov. 8, 1994

Nov. 8, 1994

25

Preliminary Statement and Scheduling Order. (to judge) (fmr emp) (Entered: 11/25/1994)

Nov. 23, 1994

Nov. 23, 1994

26

ORDER DENYING motion for reconsideration of order [16-1] denying defts' motion to dismiss by Mitch Skandalakis, Fulton County [19-1], DENYING motion to dismiss by Mitch Skandalakis, Fulton County [17-1]; directing pla. to add Fulton County as a deft within 10 days of receipt of this order by Judge G. E. Tidwell. cc. (fmr emp) (Entered: 11/30/1994)

Nov. 29, 1994

Nov. 29, 1994

27

MOTION by pla. to certify class action with brief in support. (fmr emp) (Entered: 11/30/1994)

Nov. 29, 1994

Nov. 29, 1994

ORDER endorsed, APPROVING preliminary statement [25-1] by Judge G. E. Tidwell. cc. (fmr emp) (Entered: 12/05/1994)

Dec. 5, 1994

Dec. 5, 1994

Returned mail on order of 11/29/94 to pla w/notation "Cannot identify without state ID number" (ID # was on mail & verified) (fmr emp) (Entered: 12/13/1994)

Dec. 8, 1994

Dec. 8, 1994

28

SECOND AMENDED COMPLAINT & Notice of filing [1-1] by Sam Stinson adding Fulton County as deft.; jury demand (fmr emp) (Entered: 12/12/1994)

Dec. 9, 1994

Dec. 9, 1994

29

REQUEST FOR WAIVER of Service as to Fulton County mailed 12/9/94 Waiver of Service due by 1/8/95 for Fulton County (fmr emp) (Entered: 12/12/1994)

Dec. 9, 1994

Dec. 9, 1994

Returned mail on preliminary statement of 11/23/94 to pla w/notation "unable to deliver please return to sender". (fmr emp) (Entered: 12/13/1994)

Dec. 12, 1994

Dec. 12, 1994

30

Brief by defts. Fulton County, Mitch Skandalakis in opposition to motion to certify class action by pla. [27-1] (fmr emp) (Entered: 12/16/1994)

Dec. 16, 1994

Dec. 16, 1994

SUBMITTED on motion to certify class action by pla. [27-1] to Judge G. E. Tidwell . (fmr emp) (Entered: 12/16/1994)

Dec. 16, 1994

Dec. 16, 1994

31

WAIVER OF SERVICE Returned Executed as to Fulton County, Mitch Skandalakis, Fulton County Comm. mailed 12/9/94 Answer due by 2/7/95 for Fulton County, for Mitch Skandalakis, for Fulton County comm. (fmr emp) (Entered: 01/05/1995)

Jan. 3, 1995

Jan. 3, 1995

32

REPLY by Sam Stinson to to deft's response in opposition to its motion to certify class action [27-1] . (fmr emp) (Entered: 01/09/1995)

Jan. 6, 1995

Jan. 6, 1995

VERBAL ORDER DEFERRING ruling on motion to certify class action by pla. [27-1] ., DEFERRING ruling on motion for oral argument on defts' 2nd motion to dismiss by Mitch Skandalakis, Fulton County [23-1] . extending time for 45 days for discovery by Judge G. E. Tidwell . (counsel notified by Ct. Dep) until further order of the Court. (fmr emp) (Entered: 01/20/1995)

Jan. 19, 1995

Jan. 19, 1995

33

MOTION by defts. (filed as unopposed-by defts ONLY) to extend time to respond to pla's 1st interrogs & requests to produce with proposed order) (fmr emp) (Entered: 01/25/1995)

Jan. 23, 1995

Jan. 23, 1995

34

ORDER GRANTING motion to extend time thru 2/10/95 to respond to pla's 1st interrogs & requests to produce by Mitch Skandalakis, Fulton County [33-1] by Judge G. E. Tidwell. cc. (fmr emp) (Entered: 01/27/1995)

Jan. 25, 1995

Jan. 25, 1995

35

ANSWER to amended complaint [28-1] by Fulton County . (dt) (Entered: 02/16/1995)

Feb. 14, 1995

Feb. 14, 1995

36

ANSWERS TO MANDATORY INTERROGATORIES by dfts. (scg) (Entered: 03/10/1995)

March 9, 1995

March 9, 1995

37

Joint MOTION to extend time for discovery (fmr emp) (Entered: 03/15/1995)

March 13, 1995

March 13, 1995

39

Second Joint MOTION to extend time for discovery (fmr emp) (Entered: 05/31/1995)

May 30, 1995

May 30, 1995

40

ORDER GRANTING joint motion to extend time for discovery [39-1]; Discovery ends 9/5/95 by Judge G. E. Tidwell. cc. (fmr emp) (Entered: 05/31/1995)

May 30, 1995

May 30, 1995

Add attorney for pla, Lisa Ann Curia as counsel. (fmr emp) (Entered: 05/31/1995)

May 31, 1995

May 31, 1995

41

MOTION by dfts to take deposition pla confined in prison with proposed order. (fmr emp) (Entered: 08/14/1995)

Aug. 9, 1995

Aug. 9, 1995

42

ANSWERS TO MANDATORY INTERROGATORIES by pla. (fmr emp) (Entered: 08/21/1995)

Aug. 18, 1995

Aug. 18, 1995

43

Notice of filing of verification of its answer to pla's complaint by dfts Fulton County, Mitch Skandalakis . (fmr emp) (Entered: 08/22/1995)

Aug. 22, 1995

Aug. 22, 1995

44

Request for leave of absence of Stephen Rothman for 10/16/95-11/6/95 (to GET) (fmr emp) (Entered: 08/25/1995)

Aug. 24, 1995

Aug. 24, 1995

45

ORDER GRANTING leave of absence of Stephen Rothman [44-1] for 10/16/95-11/6/95 by Judge G. E. Tidwell. cc. (fmr emp) (Entered: 08/28/1995)

Aug. 28, 1995

Aug. 28, 1995

SUBMITTED on motion to take deposition pla confined in prison by Mitch Skandalakis, Fulton County [41-1] to G. E. Tidwell . (fmr emp) (Entered: 08/30/1995)

Aug. 30, 1995

Aug. 30, 1995

46

Joint MOTION for third extension of time for discovery (to GET) (fmr emp) (Entered: 09/05/1995)

Sept. 1, 1995

Sept. 1, 1995

VERBAL ORDER (by minute sheet) denying as moot the motion to take deposition pla confined in prison [41-1] by dfts by Judge G. E. Tidwell . (fmr emp) (Entered: 09/05/1995)

Sept. 1, 1995

Sept. 1, 1995

47

ORDER GRANTING joint motion for third extension of time for discovery [46-1]; Discovery ends 11/5/95; if court orders class certification, parties will be afforded an addl 60 days for discovery by Judge G. E. Tidwell. cc. (fmr emp) (Entered: 09/15/1995)

Sept. 14, 1995

Sept. 14, 1995

Returned mail on 9/14/95 order to pla w/notation "Released Unable to deliver please return to sender". (fmr emp) (Entered: 09/26/1995)

Sept. 25, 1995

Sept. 25, 1995

48

MOTION by dft Fulton County for protective order with brief & affidavit in support. (fmr emp) (Entered: 10/13/1995)

Oct. 13, 1995

Oct. 13, 1995

HEARING HELD on motion for protective order by Fulton County [48-1] counsel to file order setting forth specifics before Judge G. E. Tidwell. (cb) (Entered: 10/19/1995)

Oct. 13, 1995

Oct. 13, 1995

SUBMITTED on motion for protective order by Fulton County [48-1] to Judge G. E. Tidwell . (fmr emp) (Entered: 11/06/1995)

Nov. 6, 1995

Nov. 6, 1995

Steno notes of proceedings held 10/13/95 before Judge G. E. Tidwell , by Court Reporter Pat Tanner. (fmr emp) (Entered: 01/05/1996)

Jan. 5, 1996

Jan. 5, 1996

50

Notice of filing by pla of interview questionnaires of inmates at Fulton County Jail (SEALED) (fmr emp) (Entered: 01/26/1996)

Jan. 25, 1996

Jan. 25, 1996

MOTION HEARING HELD before Judge G. E. Tidwell on motion to certify class action [27-1] by pla taken under ADVISEMENT; depositions filed . (fmr emp) (Entered: 05/01/1996)

April 30, 1996

April 30, 1996

Deposition of Frank Eldridge, Sr, John Stanford, Vernon Pitts, Jr.(w/1 vol exhibits), John Chason & Larry Thomas taken for dft (fmr emp) (Entered: 05/01/1996)

April 30, 1996

April 30, 1996

Steno notes of proceedings held 4/30/96 before Judge G. E. Tidwell , by Court Reporter Therese J. Vesel. (fmr emp) (Entered: 05/13/1996)

May 13, 1996

May 13, 1996

51

ORDER granting leave of absence for Stephen Rothman for 9/2/96-9/30/96 by Judge G. E. Tidwell. cc. (fmr emp) (Entered: 05/22/1996)

May 21, 1996

May 21, 1996

52

Motion for leave of absence of Sam Stinson for 9/2/96-9/30/96 (to GET) (fmr emp) (Entered: 05/22/1996)

May 21, 1996

May 21, 1996

53

ORDER GRANTING motion to certify class action by pla [27-1] & that class be certified as follows: "All persons charged with non-homicide felony offenses within Fulton County who are not released on bond but who, instead, are incarcerated at the Fulton County Jail, and who, during the period up to, but not including, indictment or arraignment, are denied access to counsel." by Judge G. E. Tidwell. cc. (fmr emp) (Entered: 06/14/1996)

June 13, 1996

June 13, 1996

Returned mail on 6/13/96 order to pla w/notation "Unable to deliver please return to sender". (fmr emp) (Entered: 06/25/1996)

June 24, 1996

June 24, 1996

54

PETITION by dfts Fulton County, Mitch Skandalakis for reconsideration of order [53-1] , and to amend order [53-1] to certify appeal to 11th Circuit (fmr emp) (Entered: 07/02/1996)

June 28, 1996

June 28, 1996

55

UNOPPOSED MOTION by pla to extend time to 8/2/96 to respond to dfts' motion for reconsideration [54-1] . (GET) (ds) (Entered: 07/25/1996)

July 22, 1996

July 22, 1996

56

ORDER GRANTING motion to extend time to 8/2/96 for pla to respond to dfts' motion for reconsideration [54-1] by pla [55-1] by Judge G. E. Tidwell. cc (scg) (Entered: 07/29/1996)

July 26, 1996

July 26, 1996

Returned mail on 7/26/96 order to pla w/notation "Unable to deliver please return to sender rel to GDC&C". Order was mailed to GDC&C. (fmr emp) (Entered: 08/05/1996)

Aug. 2, 1996

Aug. 2, 1996

57

Response by pla (filed as reply) to motion for reconsideration of order [53-1] by Mitch Skandalakis, County [54-1], motion to amend order [53-1] to certify appeal to 11th Circuit by Mitch Skandalakis, Fulton County [54-2] (fmr emp) (Entered: 08/14/1996)

Aug. 14, 1996

Aug. 14, 1996

58

ORDER DENYING motion for reconsideration of order [53-1] by Mitch Skandalakis, Fulton County [54-1], DENYING motion to amend order [53-1] to certify appeal to 11th Circuit by Mitch Skandalakis, Fulton County [54-2] by Judge G. E. Tidwell. cc. (fmr emp) (Entered: 08/27/1996)

Aug. 26, 1996

Aug. 26, 1996

Returned mail on 8/26/96 order to pla w/notation "Unable to deliver please return to sender". (fmr emp) (Entered: 09/03/1996)

Sept. 3, 1996

Sept. 3, 1996

59

Joint MOTION by parties to extend time for discovery , and to extend time to file motions for sum.jgm. with brief in support & proposed order. (to GET) (fmr emp) (Entered: 09/04/1996)

Sept. 4, 1996

Sept. 4, 1996

60

ORDER GRANTING joint motion to extend time for discovery [59-1]; Discovery ends 10/21/96, GRANTING joint motion to extend time for 30 days after close of discovery to file motions for sum.jgm. [59-2] by Judge G. E. Tidwell. cc. (fmr emp) (Entered: 09/06/1996)

Sept. 6, 1996

Sept. 6, 1996

Pla's cpy of order [60-1] returned: "Unable to Deliver". (pa) (Entered: 09/17/1996)

Sept. 16, 1996

Sept. 16, 1996

61

Attorney appearance for pla by Robert Frederick Bensing. (fmr emp) (Entered: 11/08/1996)

Nov. 5, 1996

Nov. 5, 1996

62

MOTION by pla to extend time for parties to file motions for sum.jgm. (fmr emp) (Entered: 11/12/1996)

Nov. 12, 1996

Nov. 12, 1996

VERBAL ORDER GRANTING motion to extend time thru 2/1/97 for parties to file motions for sum.jgm. by pla [62-1] by Judge E. Tidwell. (counsel notified by Ct Dep) (fmr emp) (Entered: 11/13/1996)

Nov. 13, 1996

Nov. 13, 1996

VERBAL ORDER (by minute sheet) by Judge G. E. Tidwell GRANTING [63-1] motion to file excess pages limitation in connection w/motion sum.jgm. (Parties notified by Ct. Dep) (fmr emp) (Entered: 02/07/1997)

Jan. 4, 1997

Jan. 4, 1997

63

MOTION (filed as consent request) by dfts Fulton County, Mitch Skandalakis to file excess pages limitation in connection w/motion sum.jgm. (fmr emp) (Entered: 02/03/1997)

Jan. 31, 1997

Jan. 31, 1997

64

MOTION by dfts Fulton County Board of Commissioners, Mitch Skandalakis for sum.jgm. with brief (one binder) in support. (fmr emp) (Entered: 02/04/1997)

Feb. 3, 1997

Feb. 3, 1997

65

Notice of filing by pla of copies of depositions. (fmr emp) (Entered: 02/04/1997)

Feb. 3, 1997

Feb. 3, 1997

Deposition (copies) of D'ANDRE BERRY, JOHN CHASON, FRANK ELDRIDGE, SR., ERIC KOCHER, VERNON PITTS, JR., WILLIAM SMALLEY & LARRY THOMAS taken for pla (fmr emp) (Entered: 02/04/1997)

Feb. 3, 1997

Feb. 3, 1997

66

MOTION & Notice of motion by pla for sum.jgm. with brief in support. (fmr emp) (Entered: 02/04/1997)

Feb. 3, 1997

Feb. 3, 1997

Notice of [66-1] motion for sum.jgm. by pla filed 2/3/97 mailed 2/4/97. (fmr emp) (Entered: 02/04/1997)

Feb. 4, 1997

Feb. 4, 1997

67

Joint MOTION to extend time for 30 days for parties to respond to [66-1] motion for sum.jgm., [64-1] motion for sum.jgm. (to GET- no proposed order) (fmr emp) (Entered: 02/11/1997)

Feb. 11, 1997

Feb. 11, 1997

68

ORDER by Judge G. E. Tidwell GRANTING [67-1] joint motion to extend time for additional 10 days thru 3/3/97 for parties to respond to [66-1] motion for sum.jgm., [64-1] motion for sum.jgm. (cc) (fmr emp) (Entered: 02/12/1997)

Feb. 12, 1997

Feb. 12, 1997

VERBAL ORDER by Judge G. E. Tidwell GRANTING [63-1] motion to file excess pages limitation in connection w/motion sum.jgm. (parties notified by Ct. Dep.) (fmr emp) (Entered: 02/21/1997)

Feb. 13, 1997

Feb. 13, 1997

SUBMITTED to Judge G. E. Tidwell on [63-1] motion to file excess pages limitation in connection w/motion sum.jgm. (fmr emp) (Entered: 02/20/1997)

Feb. 20, 1997

Feb. 20, 1997

69

Response by dfts in opposition to [66-1] motion for sum.jgm. (fmr emp) (Entered: 03/04/1997)

March 3, 1997

March 3, 1997

Returned mail on 2/12/97 order to pla w/notation "unable to deliver please return to sender". (fmr emp) (Entered: 03/04/1997)

March 3, 1997

March 3, 1997

70

Brief w/Appendix by pla in opposition to [64-1] motion for sum.jgm. (fmr emp) (Entered: 03/04/1997)

March 3, 1997

March 3, 1997

SUBMITTED to Judge G. E. Tidwell on [64-1] motion for sum.jgm., [66-1] motion for sum.jgm. (fmr emp) (Entered: 03/04/1997)

March 4, 1997

March 4, 1997

71

REPLY by pla to dfts' response in opposition to its [66-1] motion for sum.jgm. (fmr emp) (Entered: 03/07/1997)

March 6, 1997

March 6, 1997

72

Notice of filing by dfts of original depositions. (fmr emp) (Entered: 03/13/1997)

March 11, 1997

March 11, 1997

Case Details

State / Territory: Georgia

Case Type(s):

Indigent Defense

Key Dates

Filing Date: Jan. 28, 1994

Closing Date: 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All persons charged with non-homicide felony offenses within Fulton County who are not released on bond but who, instead, are incarcerated at the Fulton County Jail, and who, during the period up to indictment are denied access to counsel

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

Fulton County (Fulton), County

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1999 - 2002

Issues

Reproductive rights:

Fetus Identity

General:

Funding

Quality of representation