Case: Rowe v. Jones

2:81-cv-00155 | U.S. District Court for the Southern District of Georgia

Filed Date: Dec. 21, 1981

Closed Date: April 6, 2007

Clearinghouse coding complete

Case Summary

On December 21, 1981 four inmates filed a 42 U.S.C. § 1983 class action lawsuit in the U.S. District Court for the Southern District of Georgia, challenging the conditions of confinement at the Glynn County Detention Center. Plaintiffs complained about the physical condition of the Jail, inadequate health care, lack of training and counseling for inmates, physical abuse, and a deficient disciplinary system. On June 12, 1982, the case was certified as a class action, with the class defined as:…

On December 21, 1981 four inmates filed a 42 U.S.C. § 1983 class action lawsuit in the U.S. District Court for the Southern District of Georgia, challenging the conditions of confinement at the Glynn County Detention Center. Plaintiffs complained about the physical condition of the Jail, inadequate health care, lack of training and counseling for inmates, physical abuse, and a deficient disciplinary system.

On June 12, 1982, the case was certified as a class action, with the class defined as: "[a]ll persons who are, have been, and will be confined in the Glynn County Detention Center under conditions which violate their rights under the First, Eighth, and Fourteenth Amendments to the United States Constitution."

The parties ultimately entered into a court-approved settlement agreement and a December 20, 1982 Consent Order was entered by the District Court. Subsequently, in 1985, the plaintiffs filed a contempt petition alleging that Defendants were in violation of the Consent Order and requesting that the court judicially enforce the Order. On December 4, 1985, the parties filed a joint Stipulation which provided for the dismissal of the contempt petition and the creation of an "Inmate Welfare Fund". The Stipulation provided that all Detention Center profits from the sale of merchandise to inmates would be deposited into the Fund, which would then be used to defray the cost of items furnished to indigent inmates. The Stipulation was approved by the District Court on December 9, 1985.

By 1993, the Welfare Fund had amassed a large surplus and the defendants filed a Motion to Donate Inmate Welfare Funds for Charitable Purposes, seeking to make a one time donation to two charities--the United Way and the Boys Club of Glynn County. The District Court granted the motion on October 1, 1993. The inmates later moved for a permanent plan to make annual charitable donations from the Fund. The County opposed the motion, citing rising costs in the operation of the Detention Center. By an order dated August 4, 1994, the District Court (Judge Anthony A. Alaimo) granted the inmates motion and approved the creation of the Glynn County Inmate Welfare Fund Charitable Trust.

On June 26, 1998, the defendants moved to terminate the Consent Order under the Prison Litigation Reform Act (PLRA). The motion was unopposed. On September 22, 1998, the District Court entered a Final Order terminating all previous court orders with the exception of the August 4, 1994 order, which had approved the permanent plan for donations from the Welfare Fund to the Charitable Trust.

In November 2005, the defendants moved to modify the permanent plan for charitable donations. On March 17, 2006, Judge Alaimo denied the motion, finding that the Fund and Trust were created by a "private settlement agreement" and that the court, therefore, had no jurisdiction to modify them under the PLRA. The County appealed.

On April 6, 2007, the U.S. Court of Appeals for the Eleventh Circuit reversed, finding that the orders establishing and continuing the Trust were "consent decrees," rather than "private settlement agreements" under the PLRA. The case was remanded with instructions to terminate the Welfare Fund and Trust. Rowe v. Jones, 483 F.3d 791 (11th Cir. 2007).

Summary Authors

Kristen Sagar (1/23/2009)

People


Judge(s)

Alaimo, Anthony A. (Georgia)

Barzilay, Judith Morgenstern (New York)

Hull, Frank M. (Georgia)

Marcus, Stanley (Florida)

Attorneys(s) for Plaintiff

Alexander, Douglas W. (Georgia)

Moore, William Gary (Georgia)

Readdick, Terry L. (Georgia)

Attorneys(s) for Defendant

Mumford, Aaron (Georgia)

Judge(s)

Alaimo, Anthony A. (Georgia)

Barzilay, Judith Morgenstern (New York)

Hull, Frank M. (Georgia)

Marcus, Stanley (Florida)

Attorneys(s) for Plaintiff

Alexander, Douglas W. (Georgia)

Moore, William Gary (Georgia)

Readdick, Terry L. (Georgia)

Attorneys(s) for Defendant

Mumford, Aaron (Georgia)

Documents in the Clearinghouse

Document

06-12296

Appellate Docket [PACER]

U. S. Court of Appeals for the Eleventh Circuit

May 7, 2007

May 7, 2007

Docket

06-12296

Appellants' Brief

U. S. Court of Appeals for the Eleventh Circuit

June 13, 2006

June 13, 2006

Pleading / Motion / Brief

06-12296

Appellees' Brief

U. S. Court of Appeals for the Eleventh Circuit

July 10, 2006

July 10, 2006

Pleading / Motion / Brief

06-12296

Appellate Order (Per Curiam)

U. S. Court of Appeals for the Eleventh Circuit

483 F.3d 791

April 6, 2007

April 6, 2007

Order/Opinion

Resources

Docket

Last updated Aug. 10, 2022, 3:03 a.m.

ECF Number Description Date Link Date / Link

Alton L. Wooten No

April 13, 2006

April 13, 2006

Harold Pate No Fee Status: Paid (04/13/06) for John M. McClurd John M. McClurd No Fee Status: Paid (04/13/06) for Mansy Clark Mansy Clark No Fee Status: Paid (04/13/06) for Ronald E. Dempsey Ronald E. Dempsey No Fee Status: Paid (04/13/06) for Thomas F. "Slick" Jones Thomas F. "Slick" Jones No Fee Status: Paid (04/13/06) for Wayne Hutcheson Wayne Hutcheson No Fee Status: Paid (04/13/06) for Willou Copeland Smith Willou Copeland Smith No DKT2 (Docketing Notice) issued. To:Gary Moore; c:Douglas W. Alexander; c:Michael E. Hobbs; c:Scott L. Poff No Probable Jurisdiction Noted No Transcript Order Form - 2/28/06 Trial Thomas F. "Slick" Jones No Court Reporter Acknowledgement - 2/28/06 Trial Norma Hatfield No Appearance Form Submitted. William Gary Moore No Civil Appeal Statement Form Thomas F. "Slick" Jones No Appearance Form Submitted. Douglas W. Alexander No Notice of Transcript Filing Rec. from Ct. Rptr. Norma Hatfield No 2/28/06 Trial Transcript Filed in D.C. Norma Hatfield No Briefing Notice Issued No BR1CIV (Letter confirming brief due date) issued. c:Douglas W. Alexander; c:Gary Moore; c:Michael E. Hobbs No Certificate of Readiness No Thomas F.

April 13, 2006

April 13, 2006

E-Brief Tendered: Appellant by Gary Moore "Slick" Jones No Appellant Brief Filed: M: 06/16/06 PT'D wrong address on proof of service (Atty: Gary Moore) Mansy Clark No Record Excerpts: M: 06/22/06 PT'D Proof of Service (Atty: Gary Moore) Mansy Clark No BR8CIV (Brief deficiency letter) issued. To:Gary Moore; c:Douglas W. Alexander; c:Michael E. Hobbs No EXC-1CIV (Record Excerpts deficiency letter) issued. To:Gary Moore; c:Douglas W. Alexander; c:Michael E. Hobbs No

Case Details

State / Territory: Georgia

Case Type(s):

Jail Conditions

Key Dates

Filing Date: Dec. 21, 1981

Closing Date: April 6, 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All persons who are, have been, and will be confined in the Glynn County Detention Center under conditions which violate their rights under the First, Eighth, and Fourteenth Amendments to the United States Constitution.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Glynn County (Glynn), County

Glynn County Sheriff's Department (Glynn), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Freedom of speech/association

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1982 - 2007

Issues

General:

Assault/abuse by staff

Counseling

Disciplinary procedures

Disciplinary segregation

Education

Funding

Law library access

Library (non-law) access

Sanitation / living conditions

Staff (number, training, qualifications, wages)

Totality of conditions

Crowding:

Crowding / caseload

Affected Gender:

Male

Medical/Mental Health:

Medical care, general

Type of Facility:

Government-run