R.C. v. Walley

R.C. v. Walley

R.C. v. Walley

R.C. v. Walley

U.S. District Court for the Northern District of Alabama

R.C. v. Walley

R.C. v. Walley

R.C. v. Walley

U. S. Court of Appeals for the Eleventh Circuit

R.C. v. Walley

National Center for Youth Law

Kathleen G. Noonan, Charles F. Sabel, William H. Simon

Bazelon Center for Mental Health Law

COMPLAINT: Injunctive relief requested; Filing Fee $120.00; Receipt #28043 (dkt clerk) (Entered: 08/30/2000)

AMENDMENT TO COMPLAINT by R.C. amending [1−1] Complaint (dkt clerk) (Entered: 08/30/2000)

Motion Hearing − HELD − Re: Class Certification before Mag. Judge Charles S. Coody (dkt clerk) (Entered: 08/30/2000)

PROTECTIVE ORDER Re: Confidentiality; ( signed by Mag. Judge Charles S. Coody ). Copies mailed to counsel. (dkt clerk) (Entered: 08/30/2000)

ORDER adopting recommendation, 6/16/89; that a class of all children in the custody, or who may in the future be in the custody, of the AL Dept of Human Resources who are behaviorally disordered or emotionally disturbed and who have suffered violations of their federal statutory or constitutional rights be and the same is hereby CERTIFIED pursuant to Rule 23(b)(2) of F.R.C.P. ( signed by Judge Dubina ). Copies mailed to counsel. (dkt clerk) Modified on 08/30/2000 (Entered: 08/30/2000)

Evidentiary Hearing − HELD − before Mag. Judge Charles S. Coody on 3/22/90 through 3/23/90 (dkt clerk) (Entered: 08/30/2000)

ORAL ARGUMENT − HELD − before Mag. Judge Charles S. Coody on 10/1/90 (dkt clerk) (Entered: 08/30/2000)

ORAL ARGUMENT − HELD − before Mag. Judge Charles S. Coody on 10/5/90 (dkt clerk) (Entered: 08/30/2000)

AMENDMENT TO COMPLAINT by R.C. amending [1−1] Complaint (dkt clerk) (Entered: 08/30/2000)

ORAL ARGUMENT − HELD − before Mag. Judge Charles S. Coody on 10/19/90 (dkt clerk) (Entered: 08/30/2000)

Status Conference/Discovery Hearing − HELD − before Mag. Judge Charles S. Coody on 1/24/91 (dkt clerk) (Entered: 08/30/2000)

CONSENT DECREE ( signed by Judge Truman M. Hobbs ). Copies mailed to counsel. (dkt clerk) (Entered: 08/30/2000)

HEARING to Consider Whether the Consent Decree is Reasonable &Fair and thus should be given Final Approval − HELD − before Judge Truman M. Hobbs on 9/30/91 (dkt clerk) (Entered: 08/30/2000)

MEMORANDUM OPINION ( signed by Judge Truman M. Hobbs ). Copies mailed to counsel. (dkt clerk) (Entered: 08/30/2000)

ORDER approving the proposed consent decree; that by agreement of the parties the word "freely" shall be stricken from paragraphs 58 (a) and (b) of the decree; that the decree requires DHR to promulgate policies to effectuate paragraphs 58 (a) and (b); ( signed by Judge Truman M. Hobbs ). Copies mailed to counsel. (dkt clerk) (Entered: 08/30/2000)

Case closed (dkt clerk) (Entered: 08/30/2000)

ORDER appointing Ivor D. Groves, Ph. D. as the monitor in this action; ( signed by Judge Truman M. Hobbs ). Copies mailed to counsel. (dkt clerk) (Entered: 08/30/2000)

Motion Hearing − HELD (dkt clerk) (Entered: 08/30/2000)

Motion Hearing − HELD (dkt clerk) (Entered: 08/30/2000)

Status Conference − HELD − before Judge Ira De Ment on 2/11/99 (dkt clerk) (Entered: 08/30/2000)

ORDER that upon review of the proposed policy of the Defendant providing the hiring of licensed social workers, it is CONSIDERED and ORDERED that: 1) Defendant shall immediately develop a new entry−level classification of Child Welfare Social Worker; 2) Defendant shall employ only Bachelor of Social Worker (BSW) applicants in this new classification beginning 5/1/00; 3) Defendant shall, beginning on 5/1/00, require all BSW new hires in the new Child Welfare Social Worker classification and all Master of Social Work (MSW) new hires in the Senior Service Social Worker classification to have the appropriate social work license by the AL Board of Social Worker Examiners at the time of employment or within 12 months of employment; 4) Defendant may utilize the existing Service Social Worker I/II classification to hire applicants with closely related decrees as entry level only child welfare staff in those counties with no available or suitable BSW or MSW applicants on the local or statewide merit system register; 5) Defendant may implement other policies as necessary to carry−out this order; 6) Defendant shall work with other state agencies as necessary to ensure that this order is implemented; ( signed by Judge Ira De Ment ). Copies mailed to counsel. (dkt clerk) (Entered: 08/30/2000)

Status Conference − HELD − before Judge Ira De Ment on 6/19/00 (dkt clerk) (Entered: 08/30/2000)

ORDER directing Court Monitor to analyze and issue quarterly reports Re: Defendant's compliance with the budgetary requirements contained in Paragraph 13 of the Consent Order Extending Time for Compliance and Granting Order Relief, 2/11/99; further CONSIDERED and ORDERED setting Status Conference for 2:00 p.m. on 10/31/00 before Judge Ira De Ment in the First Floor Courtroom, Frank M. Johnson, Jr. Federal Bldg &U.S. Courthouse, Montgomery, AL ; ( signed by Judge Ira De Ment ). Copies mailed to counsel; Furnished: Henrietta, Ridge &Yvonne (dkt clerk) (Entered: 08/30/2000)

MOTION (PETITION) by Bill Fuller for Instruction for June, 2000 ; (Exhibit A attached). Referred to Judge Ira De Ment (dkt clerk) (Entered: 08/30/2000)

MOTION (PETITION) by Bill Fuller for Instruction for July, 2000 ; (Exhibit A attached). Referred to Judge Ira De Ment (dkt clerk) (Entered: 08/30/2000)

ORDER terminating [558−1] motion for Instruction for June, 2000; it is CONSIDERED and ORDERED directing Defendant to pay Dr. Ivor Groves, the Court's Monitor, the sum of $39,203.00 for services performed and expenses incurred by Dr. Groves during the period of 6/1/00 through 6/30/00; (signed by Judge Ira De Ment). Copies provided to counsel &monitor. (dkt clerk) (Entered: 08/31/2000)

ORDER terminating [559−1] motion for Instruction for July, 2000; CONSIDERED and ORDERED directing Defendant to pay Dr. Ivor Groves, the Court's Monitor, the sum of $21,808.67, for services performed and expenses incurred by Dr. Groves during the period of 7/1/00 through 7/31/00; further CONSIDERED and ORDERED that the name of Bill Fuller be substituted in place of Tony Petelos, in this action (See F.R.C.P. 25(d)(1); ( signed by Judge Ira De Ment ). Copies provided to counsel. (dkt clerk) (Entered: 08/31/2000)

** Renoticed document [561−1] order (yg) (Entered: 09/01/2000)

** Renoticed document [560−1] order (yg) (Entered: 09/01/2000)

Defendant's Petition for Instruction regarding payment of the Court Monitor's invoice for professional fees and expenses for the time period of August 1 through August 31, 2000 (with exhibit A attached). Referred to Judge DeMent (kcg) (Entered: 10/19/2000)

ORDER that Dft pay Dr. Ivor Groves, the Court's Monitor, the sum of $46,395.80 for Services Performed and Expenses Incurred during 08/01/00 thru 08/31/00 (signed by Judge Ira DeMent), copies provided to Counsel. Furnished to NL h(hc) (Entered: 10/23/2000)

STATUS REPORT filed by Bill Fuller. Referred to Judge DeMent (kcg) (Entered: 11/01/2000)

Courtroom Deputy's MINUTES of Status Conference proceedings: James R. Dickens, Court Reporter; ORAL ORDER directing that the Commissioner is to respond fully to the Monitor's report within 30 days or show cause why it has not be done. (kcg) (Entered: 11/01/2000)

Court reporter's TRANSCRIPT filed for dates of October 31, 2000 re: status conference held before Judge Ira De Ment (court reporter−James Dickens) (djy) (Entered: 11/15/2000)

Court reporter's TRANSCRIPT filed for dates of June 19, 2000 re: status conference held before Judge Ira De Ment (court reporter−James Dickens) (djy) (Entered: 11/15/2000)

Defendant's Petition for Instruction (w/exhibits attached). Referred to Judge DeMent (kcg) (Entered: 11/17/2000)

ORDER that upon review of Defendant's Petition for Instruction, that it is CONSIDERED and ORDERED that Defendant pay Dr. Ivor Groves, the court's monitor in the above−styled matter, the sum of $33,818.71. This payment is in consideration for the services performed and the expenses incurred by Dr. Groves during the period of September 1, 2000 through September 30, 2000. ( signed by Judge Ira De Ment ) , copies provided to counsel. (kcg) (Entered: 11/20/2000)

Preliminary Report to the Court filed by Defendant Bill Fuller. Referred to Judge DeMent (kcg) (Entered: 12/13/2000)

Defendant's Petition for Instruction filed by Defendant Bill Fuller (with exhibit A attached). Referred to Judge DeMent (kcg) (Entered: 12/13/2000)

ORDER that before the court is Defendant's Petition for Insturction, filed on December 12, 2000. Upon review of the invoice materials submitted with the Defendant's Petition, it is CONSIDERED and ORDERED that Defendant pay Dr. Ivor Groves, the court's monitor in the above−styled matter, the sum of $59,720.63. This payment is in consideration for the services performed and the expenses incurred by Dr. Groves during the period of October 1, 2000 through October 31, 2000. ( signed by Judge Ira De Ment ) , copies provided to counsel. (kcg) (Entered: 01/11/2001)

MOTION (Petition) by Bill Fuller for Instruction from the Court (attachments); referred to Judge Ira De Ment (ajr) (Entered: 01/29/2001)

ORDER granting [572−1] motion for Instruction from the Court; that defendant pay Dr. Ivor Groves the sum of $42,526.88 for services performed during the period 11/1/00 and 11/30/00; (signed by Judge Ira De Ment ) , copies provided to counsel. (ajr) (Entered: 01/31/2001)

Defendant's Petition for Instruction Referred to DeMent (kcg) (Entered: 02/12/2001)

ORDER that upon review of the invoice materials submitted with the Defendant's Petition for Instruction, it is CONSIDERED and ORDERED that Defendant pay Dr. Ivor Groves, the court's monitor in the above−styled matter, the sum of $46,791.31. This payment is in consideration for the services performed and the expenses incurred by Dr. Groves during the period of December 1, 2000, through December 31, 2000. ( signed by Judge Ira De Ment ) , copies provided to counsel. (kcg) (Entered: 02/13/2001)

Court Report filed by Defendant Bill Fuller. Referred to Judge DeMent (kcg) (Entered: 02/15/2001)

PETITION by Bill Fuller for instruction regarding payment of court monitor's invoice for professional fees and expenses for time period of 1/1 through 1/31/01 (w/attachments); referred to Judge Ira De Ment (cc) (Entered: 02/27/2001)

ORDER that before the court is Defendant's Petition for Instruction, filed on February 26, 2001. Upon review of the invoice materials submitted with the Defendant's Petition, it is CONSIDERED and ORDERED that Defendant pay Dr. Ivor Groves, the court's monitor in the above−styled matter, the sum of $63,384.38. This payment is in consideration for the services performed and the expenses incurred by Dr. Groves during the period of January 1, 2001 through January 31, 2001. ( signed by Judge Ira De Ment ) , copies provided to counsel. (kcg) (Entered: 03/01/2001)

MOTION by R.C. for a Show Cause Order , for Contempt Sanctions , and other immediate relief (w/exhibits 1 thru 13 in separate binder with file). referred to Judge Ira De Ment(kcg) Modified on 03/12/2001 (Entered: 03/12/2001)

MEMORANDUM by R.C. in support of [579−1] motion for a Show Cause Order by R.C., [579−2] motion for Contempt Sanctions by R.C. referred to Judge Ira De Ment (kcg) (Entered: 03/12/2001)

ORDER TO SHOW CAUSE why plaintiffs' motion for contempt sanctions and other immediate relief should not be granted; Response to Order to Show Cause due on 3/21/01 for Bill Fuller; Show Cause Hearing set on this matter for 10:00 3/28/01, in the First Floor courtroom, FMJFB &USC, Montgomery, Al ( signed by Judge Ira De Ment ) , copies provided to counsel; furnished to YG, HC, &RL. (djy) (Entered: 03/12/2001)

JOINT MOTION by R.C., Bill Fuller to continue the deadline previously set by this Court for Defendant to file a response to Plaintiffs' Motion for a Show Cause Order, for Contempt Sanctions, and Other Immediate Relief, etc. referred to Judge Ira De Ment (kcg) (Entered: 03/16/2001)

ORDER granting [582−1] joint motion to continue Response to Motion reset to 4/6/01 for [579−1] motion for a Show Cause Order; reset to 4/6/01 for [579−2] motion for Contempt Sanctions ; Further, the hearing presently scheduled for March 28, 2001, shall be rescheduled following a follow−up report from the parties regarding the outcome of their March 26, 2001 meeting. The parties are ORDERED to REPORT via telephone to the court the results of the March 26 meeting, on or before March 28, 2001. ( signed by Judge Ira De Ment ) , copies provided to counsel and furnished to RL,YG,HC. (kcg) (Entered: 03/20/2001)

ORDER setting Status Conference 10:00 4/24/01 before Judge Ira De Ment in the first−floor courtroom, Frank M. Johnson, Jr. Federal Building and United States Courthouse, Montgomery, Al. ( signed by Judge Ira De Ment ) , copies provided to counsel and furnished to RL,YG,HC. (kcg) (Entered: 03/28/2001)

Defendant's Petition for Instruction Referred to Judge DeMent (kcg) (Entered: 04/02/2001)

ORDER that before the court is Defendant's Petition for Instruction, filed on march 30, 2001. Upon review of the invoice materials submitted with the Defendant's Petition, it is CONSIDERED and ORDERED that Defendant pay Dr. Ivor Groves, the court's monitor in the above−styled matter, the sum of $44,472.61. This payment is in consideration for the services performed and the expenses incurred by Dr. Groves during the period of February 1, 2001 through February 28, 2001. ( signed by Judge Ira De Ment ) , copies provided to counsel. (kcg) (Entered: 04/04/2001)

MOTION by Bill Fuller to Extend Time for dft to show casue why the pltfs motion for contempt sanctions and other immediate relief should not be granted. referred to Judge Ira De Ment (kcg) (Entered: 04/06/2001)

Stamped ORDER granting [587−1] motion to Extend Time Response to Motion reset to 4/13/01 for [579−1] motion for a Show Cause Order, reset to 4/13/01 for [579−2] motion for Contempt Sanctions ( by Judge Ira De Ment ) , copies provided to counsel. (kcg) (Entered: 04/10/2001)

RESPONSE by Bill Fuller to [579−1] motion for a Show Cause Order by R.C. referred to Judge Ira De Ment (kcg) (Entered: 04/16/2001)

MEMORANDUM by Bill Fuller in opposition to [579−1] motion for a Show Cause Order by R.C. referred to Judge Ira De Ment (kcg) (Entered: 04/16/2001)

Joint Stipulation to entry of Consent Order (w/exhibit A attached) Referred to Judge DeMent (kcg) (Entered: 04/19/2001)

CONSENT ORDER ON PLAINTIFFS' MOTION FOR SHOW CAUSE ORDER, CONTEMPT SANCTIONS, AND OTHER IMMEDIATE RELIEF; denying [579−1] motion for a Show Cause Order, denying [579−2] motion for Contempt Sanctions setting Status Conference 10:00 7/11/01 before Judge Ira De Ment ( signed by Judge Ira De Ment ) , copies provided to counsel and furnished to RL,YG,HC. (kcg) (Entered: 04/24/2001)

Courtroom Deputy's MINUTES of Motion for Contempt Sanctions and other immediate relief proceedings before Judge DeMent. Court Reporter Amy Acton with Jeana Boggs 264−6227 (kcg) (Entered: 04/24/2001)

Motion hearing held re: Hearing on Plaintiffs' motion for contempt sanctions and other immediate relief before Judge DeMent (kcg) (Entered: 04/24/2001)

Defendant's Petition for Instruction (w/exhibit A attached). Referred to Judge DeMent (kcg) Modified on 05/10/2001 (Entered: 05/10/2001)

JOINT MOTION by R.C., Ivor D. Groves, Bill Fuller for Instruction referred to Judge Ira De Ment (kcg) (Entered: 05/15/2001)

(PETITION) MOTION by Bill Fuller for Instruction (w/exhibit A); referred to Judge Ira De Ment (mfm) (Entered: 05/16/2001)

ORDER granting [594−1] petition for instruction; directing that the defendant pay Dr. Ivor Groves, the court's monitor, the sum of $31,436.04; advising this payment is considered for the services performed and expenses incurred by Dr. Groves during the period of 03/01/01 through 03/31/01 ( signed by Judge Ira De Ment ) ,

ORDER that defendant pay Dr. Ivor Groves, the court's monitor the sum of $35,869.92 in consideration for services and expenses incurred during the period 4/1/01 through 4/30/01; (signed by Judge Ira De Ment), copies provided to counsel. (ajr) (Entered: 05/16/2001)

Court reporter's TRANSCRIPT by Jeana S. Boggs &Associates of Status Conference filed for dates of 4/24/01 before Judge DeMent. (kcg) (Entered: 06/06/2001)

MOTION by Bill Fuller for order to the juvenile court of Marshall County, Alabama to enforce the provisions of the consent decree (attachments); referred to Judge Ira De Ment (ajr) (Entered: 06/12/2001)

ORDER denying as moot [600−1] motion for order to the juvenile court of Marshall County, Alabama to enforce the provisions of the consent decree; ( signed by Judge Ira DeMent ). Copies provided to counsel. (dkt clerk) (Entered: 06/14/2001)

Defendant's Petition for Instruction (w/attachments) Referred to Judge DeMent (kcg) Modified on 06/29/2001 (Entered: 06/29/2001)

Before the court is Defendant's Petition for Instruction, filed on June 28, 2001. Upon review of the invoice materials submitted with the Defendant's Petition, it is CONSIDERED and ORDERED that Defendant pay Dr. Ivor Groves, the court's monitor in the above−styled matter, the sum of $36,033.47. This payment is in consideration for the services performed and the expenses incurred by Dr. Groves during the period of May 1, 2001 through May 31, 2001. ( signed by Judge Ira De Ment ) , copies provided to counsel. (kcg) (Entered: 07/05/2001)

Court Report filed by Dft Bill Fuller (w/attachments) Referred to Judge DeMent (kcg) Modified on 07/11/2001 (Entered: 07/11/2001)

Courtroom Deputy's MINUTES of Status Conference proceedings before Judge DeMent, Court Report James R. Dickens: (kcg) (Entered: 07/18/2001)

Status Conference held before Judge Ira De Ment on 7/11/01 (kcg) (Entered: 07/18/2001)

ORDER setting Status Conference 10:00 10/17/01 before Judge Ira De Ment in the first floor courtroom, Frank M. Johnson, Jr. Federal Building &United States Courthouse, Montgomery, AL. ( signed by Judge Ira De Ment ) , copies provided to counsel and furnished to RL,YG,HC. (kcg) (Entered: 07/12/2001)

Court reporter's TRANSCRIPT of STATUS CONFERENCE filed for dates of 7/11/01 before Judge Ira DeMent. Court Reporter James R. Dickens (kcg) (Entered: 07/25/2001)

Defendant's Petition for Instruction (w/attachments) referred to Judge DeMent (kcg) (Entered: 07/26/2001)

ORDER that upon review of the invoice materials submitted with the Dfts Petition for Instruction, it is CONSIDERED and ORDERED that the Dft pay Dr. Ivor Groves, the court's monitor in the above−styled matter, the sum of $46,078.79. This payment is in consideration for the services performed and the expenses incurred by Dr. Groves during the period of June 1, 2001 throught June 30, 2001. ( signed by Judge Ira De Ment ) , copies provided to counsel. (kcg) (Entered: 07/31/2001)

Defendant's Petition for Instruction (attachments); referred to Judge De Ment (ajr) (Entered: 09/04/2001)

ORDER that upon review of the invoice materials submitted with the defendant's petition for instruction, filed on August 31, 2001, it is CONSIDERED and ORDERED that defendant pay Dr. Ivor Groves, the court's monitor in the above−styled matter, the sum of $39,524.38. This payment is in consideration for the services performed and the expenses incurred by Dr. Groves during the period of July 1, 2001 through July 31, 2001. ( signed by Judge Ira De Ment ) , copies provided to counsel. (sl) (Entered: 09/06/2001)

Defendant's Petition for Instruction (w/attachment) referred to Judge DeMent (kcg) (Entered: 09/17/2001)

ORDER that defendant pay Dr. Ivor Groves, the Court's monitor in the above−styled matter, the sum of $83,424.64 for services performed and the expenses during the period of 8/1/01 and 8/31/01; (signed by Judge Ira De Ment), copies provided to counsel. (ajr) (Entered: 09/19/2001)

JOINT MOTION by R.C., Bill Fuller to continue hearing from 10/17/01 to 11/6/01 referred to Judge Ira De Ment (ajr) (Entered: 10/17/2001)

ORDER granting [613−1] joint motion to continue hearing from 10/17/01 to 11/6/01 resetting Status Conference 11/6/01 before Judge Ira De Ment (signed by Judge Ira De Ment), copies provided to counsel, RL, YG, HC. (ajr) (Entered: 10/22/2001)

Defendant's Petition for Instruction (attachments);; referred to Judge De Ment (ajr) (Entered: 10/25/2001)

ORDER directing Defendant to pay Dr. Ivor Groves in the sum of $86,705.92 for services and expenses incurred for the period of 9/1/01 thru 9/30/01, as further set out ( signed by Judge Ira De Ment ), copies provided to counsel. (dkt clerk) (Entered: 10/31/2001)

COURT REPORT by Bill Fuller (w/exhibits 1,7,8); referred to Judge DeMent (EXHIBITS MAINTAINED IN (1) SEPARATE BINDER) (mfm) (Entered: 11/07/2001)

Courtroom Deputy's MINUTES of proceedings: regarding Status Conference; James R. Dickens Court Reporter (mfm) (Entered: 11/13/2001)

Status Conference held before Judge Ira De Ment on 11/06/01 (mfm) (Entered: 11/13/2001)

Court reporter's TRANSCRIPT of Status Conference held before Judge Ira DeMent filed for dates of 11/06/01; James R. Dickens Court Reporter; referred to Judge DeMent (Maintained in separate binder) (mfm) Modified on 11/16/2001 (Entered: 11/16/2001)

Petition for Instruction by Bill Fuller (w/attachments); referred to Judge DeMent (mfm) (Entered: 01/14/2002)

ORDER directing defendant to pay Dr. Ivor Groves, the Court's monitor, the sum of $102,788.02; this payment is in consideration for the services performed and expenses incurred by Dr. Groves during the period of 10/01/01 through 10/31/01 ( signed by Judge Ira De Ment ) , copies provided to counsel. (mfm) (Entered: 01/18/2002)

Petition for Instruction by Bill Fuller (w/Exhibit A); referred to Judge DeMent (mfm) (Entered: 01/24/2002)

Petition for Instruction by Bill Fuller (w/exhibit A); referred to Judge DeMent (mfm) (Entered: 01/24/2002)

ORDER directing that the defendant pay Dr. Ivor Groves, the Court's monitor, the sum of $47,527.74; advising that this payment is in consideration for the services performed and expenses incurred by Dr. Groves during the period of 12/01/01 through 12/31/01 ( signed by Judge Ira De Ment ) , copies provided to counsel. (mfm) (Entered: 01/28/2002)

ORDER directing that the defendant pay Dr. Ivor Groves, the Court's monitor in the above−styled matter, the sum of $50,591.26. This payment is in consideration for the services performed and the expenses incurred by Dr. Groves during the period of November 1, 2001 through November 30, 2001. ( signed by Judge Ira De Ment ) , copies provided to counsel. (sl) (Entered: 02/20/2002)

Petition for Instructions by Bill Fuller (w/attachments); referred to Judge DeMent (mfm) (Entered: 03/14/2002)

Petition for Instruction by Bill Fuller (w/exhibit A); referred to Judge DeMent (mfm) (Entered: 04/04/2002)