Case: Rhodes v. Seay

1:91-cv-02908 | U.S. District Court for the Northern District of Georgia

Filed Date: Nov. 25, 1991

Closed Date: 2007

Clearinghouse coding complete

Case Summary

On November 25, 1991, an inmate detained at Cherokee County Jail filed a civil rights suit under 42 U.S.C. § 1983 on behalf of jail inmates in the U.S. District Court for the Northern District of Georgia, challenging conditions of confinement at the Jail. Plaintiff sought declaratory and injunctive relief, and immediately moved for class certification.The District Court (Judge Orinda D. Evans) denied without prejudice the motion to certify class action by order dated May 7, 2002. Shortly ther…

On November 25, 1991, an inmate detained at Cherokee County Jail filed a civil rights suit under 42 U.S.C. § 1983 on behalf of jail inmates in the U.S. District Court for the Northern District of Georgia, challenging conditions of confinement at the Jail. Plaintiff sought declaratory and injunctive relief, and immediately moved for class certification.

The District Court (Judge Orinda D. Evans) denied without prejudice the motion to certify class action by order dated May 7, 2002. Shortly thereafter, the parties engaged in settlement negotiations and participated in settlement conferences with the Court. Eventually a deal was struck and the Court formally entered a Consent Order on December 7, 1992. The Order specified agreed reforms on virtually all aspects of confinement, including: population caps; separate female quarters, staffing, restraints, food service, visitation, phone privileges, access to reading materials, recreation, mail, access to attorneys, medical and dental care, disciplinary procedures and improvements to the physical plant. The Court administratively closed the case, but retained jurisdiction to monitor compliance with the Order.

In October 2002, the County constructed a new jail. The old jail was still used, but for the sole purpose of providing sleeping quarters for inmate workers.

Five years later, the County moved to terminate the Consent Order under the Prison Litigation Reform Act, 18 U.S.C. § 3626(b)(1)(B). In support of its motion, the County asserted that it had rectified all areas addressed in the Consent Order and that the construction of the new jail made the Order moot. The Court directed plaintiffs to respond to the motion by specifying any ongoing constitutional violations which existed at the Jail. Plaintiffs responded that the motion was untimely and requested an evidentiary hearing, without citing any ongoing violations. On July 2, 2007, the Court terminated the Consent Order and dismissed the case.

Summary Authors

Dan Dalton (10/4/2007)

People


Judge(s)

Evans, Orinda Dale (Georgia)

Attorney for Plaintiff

Goldberg, Ralph S. (Georgia)

Mabry, M. Linda (Georgia)

Attorney for Defendant

Hirsch, Michelle J. (Georgia)

Mahler, Robert Mark (Georgia)

Documents in the Clearinghouse

Documents in this case

1:91-cv-02908

Docket (PACER)

July 19, 2007

July 19, 2007

Docket
11

1:91-cv-02908

Consent Order

Dec. 7, 1992

Dec. 7, 1992

Order/Opinion

Cherokee Sheriff's Office Adult Detention Center - Institutional Operations

No Court

Sept. 5, 2006

Sept. 5, 2006

Statute/Ordinance/Regulation
17

1:91-cv-02908

Motion to Terminate Consent Order

Feb. 22, 2007

Feb. 22, 2007

Pleading / Motion / Brief

1:91-cv-02908

Memorandum of Law in Support of Motion to Terminate Consent Order

Feb. 22, 2007

Feb. 22, 2007

Pleading / Motion / Brief
18

1:91-cv-02908

Response (to Motion to Terminate)

March 6, 2007

March 6, 2007

Pleading / Motion / Brief
30

1:91-cv-02908

Order

July 2, 2007

July 2, 2007

Order/Opinion

Cherokee Sheriff's Office - Consent Order Terminated

No Court

Sept. 25, 2007

Sept. 25, 2007

Press Release

Docket

Last updated March 23, 2025, 9:19 a.m.

ECF Number Date Description Link
1 Nov. 25, 1991

COMPLAINT filed. Summons issued. Consent form to proceed before U.S. magistrate and pretrial instructions given to attorney. FILING FEE $ 120.00 RECEIPT # 168532. (jps) (Entered: 11/29/1991)

PACER
2 Nov. 25, 1991

MOTION by plaintiffs to certify class action with brief support. (jps) Modified on 11/29/1991 (Entered: 11/29/1991)

PACER
Dec. 17, 1991

SUBMITTED on motion to certify class action by plaintiff [2-1] to Judge Orinda D. Evans . (dt) (Entered: 12/17/1991)

PACER
3 Dec. 30, 1991

Stipulation approved by dep. clerk extending time to answer complaint [1-1] thru 1/9/92. cc (dt) (Entered: 12/31/1991)

PACER
4 Jan. 8, 1992

ANSWER to complaint [1-1] by John Seay, Cherokee County . (dt) (Entered: 01/09/1992)

PACER
5 May 7, 1992

ORDER DENYING w/out prejudice the motion to certify class action by plaintiff [2-1] by Judge Orinda D. Evans. cc (dt) (Entered: 05/08/1992)

PACER
6 May 15, 1992

Joint MOTION by parties to extend time for disc. thru 8/28/92 with proposed order. to ODE (dt) (Entered: 05/18/1992)

PACER
7 May 20, 1992

ORDER by ct dep. by direction of the court GRANTING joint motion to extend time for disc. thru 8/28/92 [6-1] Discovery ends 8/28/92. cc (dt) (Entered: 05/21/1992)

PACER
8 June 9, 1992

MOTION by plaintiffs for reconsideration of order [5-1] with brief in support. (dt) Modified on 06/11/1992 (Entered: 06/11/1992)

PACER
June 30, 1992

SUBMITTED on motion for reconsideration of order [5-1] by John Rhodes [8-1] to Judge Orinda D. Evans . (dt) (Entered: 06/30/1992)

PACER
Sept. 25, 1992

HEARING HELD before Judge Orinda D. Evans re: Settlement agreement. S. Seay to consider agreement for 1 week and advise court as to status by 10/2/92 . (dt) (Entered: 09/29/1992)

PACER
9 Oct. 2, 1992

Response by defendant John Seay to settlement agreement discussed at hearing 9/25/92. (dt) (Entered: 10/07/1992)

PACER
Oct. 28, 1992

Conference on settlement agreement. Parties directed to update the settlement agreement and the conference will be cont. to 11/6/92 at 4:30 P.M. by Judge Evans. (dt) (Entered: 11/04/1992)

PACER
10 Oct. 29, 1992

LETTER by defendant John Seay to judge. (dt) (Entered: 11/04/1992)

PACER
Nov. 9, 1992

Steno notes of proceedings held 9/25/92 before Judge Orinda D. Evans , by Court Reporter Patti Allen. (dt) (Entered: 11/09/1992)

PACER
Nov. 9, 1992

Settlement conference continues. (dt) (Entered: 11/13/1992)

PACER
11 Dec. 7, 1992

CONSENT ORDER approved by Judge Orinda D. Evans that dfts shall comply with the requirements contained in this order in regards to housing of prisoner. See same for info. Winthin 10 days parties shall attempt to agree on costs and atty fees. If agreement not reached, pltfs directed to submit evidence by affidavit on issue of atty fees and costs w/in 10 days. Dfts shall have 10 days to respond. Clerk directed to resubmit action in 20 days. cc (dt) (Entered: 12/09/1992)

PACER
12 Dec. 15, 1992

ORDER dismissing as moot the motion for reconsideration of order [5-1] [8-1] by John Rhodes as action has been settled by Judge Orinda D. Evans. cc (dt) (Entered: 12/17/1992)

PACER
Jan. 11, 1993

SUBMITTED on consent order [11-1] to Judge Orinda D. Evans . (dt) (Entered: 01/11/1993)

PACER
13 Jan. 19, 1993

ORDER that clerk administratively and statistically terminate the action as it appears all issued have been resolved as no further evidence as to atty fees or costs has been filed as instructed in 12/7/92 order by Judge Orinda D. Evans. cc (dt) (Entered: 01/21/1993)

PACER
Jan. 19, 1993

Steno notes of proceedings held 10/28/92 before Judge Orinda D. Evans , by Court Reporter P. Allen. (dt) (Entered: 01/19/1993)

PACER
June 16, 1993

Steno notes of proceedings held 11/19/92 before Judge Orinda D. Evans, by Court Reporter PATTI ALLEN. (bj) (Entered: 06/16/1993)

PACER
14 Feb. 22, 2007

NOTICE of Appearance by Michelle J. Hirsch on behalf of John Seay, Cherokee County (Hirsch, Michelle) (Entered: 02/22/2007)

PACER
15 Feb. 22, 2007

NOTICE of Appearance by Dana Kristin Maine on behalf of John Seay, Cherokee County (Maine, Dana) (Entered: 02/22/2007)

PACER
16 Feb. 22, 2007

MOTION to Substitute Party Roger Garrison in his official capacity for John Seay in his official capacity with Brief In Support by John Seay, Cherokee County. (Attachments: # 1 Text of Proposed Order)(Hirsch, Michelle) (Entered: 02/22/2007)

PACER
17 Feb. 22, 2007

MOTION for Relief To Terminate Consent Order with Brief In Support by John Seay, Cherokee County. (Attachments: # 1 Brief # 2 Affidavit of Sheriff Roger Garrison# 3 Exhibit A to Affidavit of Sheriff Roger Garrison# 4 Exhibit B to Affidavit of Sheriff Roger Garrison# 5 Exhibit C to Affidavit of Sheriff Roger Garrison)(Hirsch, Michelle) (Entered: 02/22/2007)

PACER
18 March 6, 2007

RESPONSE in Opposition re 17 MOTION for Relief To Terminate Consent Order filed by Wesley Mclain, John Rhodes, Keith Richard Sills, Veronica Summerfield, Frank Summerfield, Diane Carter, Chris James Turner, Luci Turner, Ricky L. Johnson, Eddie Asano. (Goldberg, Ralph) (Entered: 03/06/2007)

PACER
19 March 13, 2007

NOTICE of Hearing on Motion re: 17 MOTION for Relief To Terminate Consent Order Motion Hearing set for 3/26/2007 04:00 PM in Courtroom 1908 before Judge Orinda D. Evans. (vh) (Entered: 03/13/2007)

PACER
20 March 19, 2007

CERTIFICATE OF SERVICE for Plaintiffs' Request for Prodcuction of Documents and Inspection of the Cherokee County Jail Facilities by Wesley Mclain, John Rhodes, Keith Richard Sills, Veronica Summerfield, Frank Summerfield, Diane Carter, Chris James Turner, Luci Turner, Ricky L. Johnson, Eddie Asano.(Goldberg, Ralph) (Entered: 03/19/2007)

PACER
21 March 23, 2007

REPLY BRIEF re 17 MOTION for Relief To Terminate Consent Order filed by John Seay, Cherokee County. (Hirsch, Michelle) (Entered: 03/23/2007)

PACER
22 April 16, 2007

MOTION to Withdraw Attorney M. Linda Mabry by Wesley Mclain, John Rhodes, Keith Richard Sills, Veronica Summerfield, Frank Summerfield, Diane Carter, Chris James Turner, Luci Turner, Ricky L. Johnson, Eddie Asano. (Goldberg, Ralph) Modified on 4/17/2007 to correct event type and docket text (fmm). (Entered: 04/16/2007)

PACER
23 April 18, 2007

ORDER granting 22 Motion to Withdraw as Attorney. Attorney M. Linda Mabry terminated. Signed by Judge Orinda D. Evans on 4/17/07. (fmm) (Entered: 04/19/2007)

PACER
April 19, 2007

Submission of 17 MOTION for Relief To Terminate Consent Order , 16 MOTION to Substitute Party Roger Garrison in his official capacity for John Seay in his official capacity, submitted to District Judge Orinda D. Evans. (fmm) (Entered: 04/19/2007)

PACER
24 May 3, 2007

ORDER granting 16 Motion to Substitute Party. Roger Garrison substituted for John Seay; deferring ruling on 17 Motion to Terminate Consent Order. The [11] Consent Order is stayed pending a final order ruling on the motion to terminate. Plaintiffs are directed to file w/in 10 days a brief as outlined in the order; defendants are directed to file a response to the brief 10 days thereafter. Signed by Judge Orinda D. Evans on 5/3/07. (fmm) (Entered: 05/07/2007)

PACER
25 May 24, 2007

MOTION for Extension of Time to File a Response to Court's Order re: 24 Order on Motion to Substitute Party, Order on Motion for Relief from Order/Judgment,, by Wesley Mclain, John Rhodes, Keith Richard Sills, Veronica Summerfield, Frank Summerfield, Diane Carter, Chris James Turner, Luci Turner, Ricky L. Johnson, Eddie Asano. (Attachments: # 1 Text of Proposed Order)(Goldberg, Ralph) (Entered: 05/24/2007)

PACER
26 May 25, 2007

ORDER GRANTING 25 Motion for Extension of Time to File a Response to Court's Order. Signed by Judge Orinda D. Evans on 5/24/07. (vh) (Entered: 05/25/2007)

PACER
27 May 31, 2007

RESPONSE re 24 Order on Motion to Substitute Party, Order on Motion for Relief from Order/Judgment,, filed by Wesley Mclain, John Rhodes, Keith Richard Sills, Veronica Summerfield, Frank Summerfield, Diane Carter, Chris James Turner, Luci Turner, Ricky L. Johnson, Eddie Asano. (Attachments: # 1 Exhibit)(Goldberg, Ralph) (Entered: 05/31/2007)

PACER
28 June 18, 2007

RESPONSE re 24 Order on Motion to Substitute Party, Order on Motion for Relief from Order/Judgment,, filed by Cherokee County, Roger Garrison. (Attachments: # 1 Exhibit A)(Hirsch, Michelle) (Entered: 06/18/2007)

PACER
June 18, 2007

Submission of 24 Order, submitted to District Judge Orinda D. Evans. (fmm) (Entered: 06/18/2007)

PACER
29 June 27, 2007

RESPONSE re 28 Response (Non-Motion) - REPLY filed by Wesley Mclain, John Rhodes, Keith Richard Sills, Veronica Summerfield, Frank Summerfield, Diane Carter, Chris James Turner, Luci Turner, Ricky L. Johnson, Eddie Asano. (Goldberg, Ralph) (Entered: 06/27/2007)

PACER
30 July 2, 2007

ORDER granting 17 Motion to Terminate Consent Order. Signed by Judge Orinda D. Evans on 7/2/07. (fmm) (Entered: 07/02/2007)

PACER
31 July 19, 2007

Request for Leave of Absence for the following date(s): 8/13/07-8/17/07,

PACER

Case Details

State / Territory:

Georgia

Case Type(s):

Jail Conditions

Healthcare Access and Reproductive Issues

Key Dates

Filing Date: Nov. 25, 1991

Closing Date: 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Inmates at the Cherokee County Jail, incarcerated after 1991

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

County

Cherokee County Sheriff's Office

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Other Dockets:

Northern District of Georgia 1:91-cv-02908

Available Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1992 - 2007

Issues

General/Misc.:

Access to lawyers or judicial system

Bathing and hygiene

Classification / placement

Disciplinary procedures

Food service / nutrition / hydration

Mail

Phone

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:

Administrative segregation

Crowding (General)

Law library access

Recreation / Exercise

Restraints (chemical)

Restraints (physical)

Visiting

Medical/Mental Health Care:

Dental care

Medical care, general

Medication, administration of

Recommended Citation