Case: Rooks & U.S. v. Herring

1:92-cv-00316 | U.S. District Court for the Southern District of Alabama

Filed Date: April 23, 1992

Closed Date: 1998

Clearinghouse coding complete

Case Summary

On April 23, 1992, inmates at the Conecuh County Jail ("Jail") in Evergreen, Alabama filed a class action lawsuit pursuant to 42 U.S.C. § 1983 against the Alabama Department of Corrections in the U.S. District Court for the Southern District of Alabama.The plaintiffs, represented by attorneys from the Southern Center For Human Rights, sought declaratory and injunctive relief, as well as damages for the alleged inhumane conditions of confinement they were subjected to at the Jail. The case wa…

On April 23, 1992, inmates at the Conecuh County Jail ("Jail") in Evergreen, Alabama filed a class action lawsuit pursuant to 42 U.S.C. § 1983 against the Alabama Department of Corrections in the U.S. District Court for the Southern District of Alabama.

The plaintiffs, represented by attorneys from the Southern Center For Human Rights, sought declaratory and injunctive relief, as well as damages for the alleged inhumane conditions of confinement they were subjected to at the Jail. The case was certified by the Court as a class action and, subsequently, the United States intervened pursuant to the Civil Rights of Institutionalized Persons Act, 42 U.S.C. §§ 1997 et seg.

After extensive discovery and several settlement conferences, the parties arrived at a settlement. On September 27, 1994, the proposed Consent Order setting forth the settlement agreement was preliminarily approved. After a hearing, the District Court (Magistrate Judge Bert W. Milling, Jr.) overruled objections to the settlement and approved and entered the Consent Order on January 24, 1995. The Consent Order resolved the class action claims, the individual inmate claims, and the claims of the United States. It called for a renovation of the Jail and substantive reforms in various policies and procedures which governed its operation.

Following the entry of the Consent Order, the defendants provided progress reports to the District Court detailing the status of implementing the specified reforms.

On July 11, 1996, counsel for all parties filed a joint motion to dismiss, stating that the defendants had substantially complied the terms of the Consent Order. The District Court granted the motion on July 24, 2006 and dismissed the case, retaining jurisdiction over the payment of attorneys' fees.

Subsequent to the dismissal order, plaintiffs filed a motion for relief from the judgment and a motion to Show Cause. On March 7, 1997, the District Court entered a stay order in the case and further ordered the defendants to submit monthly reports to counsel for plaintiffs, covering agreed upon topics which included the jail's population.

Thereafter, defendants filed a motion to terminate Consent Order pursuant to the Prison Litigation Reform Act. For reasons that are not clear from the PACER docket, on 10/05/1998, the Court entered an order denying plaintiffs' motion for relief from the Order and denied as moot all other pending motions. We have no further information on the proceedings in this case.

Summary Authors

Dan Dalton (2/7/2007)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/20610836/parties/rooks-v-thigpen/


Judge(s)

Milling, Bert W. Jr. (Alabama)

Vollmer, Richard W. Jr. (Alabama)

Attorneys(s) for Plaintiff

Barrick, Andrew J. (District of Columbia)

Brewster, Henry (Alabama)

Masling, Mark S. (District of Columbia)

Ortega, Nancy E. (Georgia)

Patrick, Deval L. (District of Columbia)

Seidel, Eugene A. (Alabama)

Toone, Robert E. Jr. (Georgia)

Vulevich, Edward J. Jr. (Alabama)

Judge(s)

Milling, Bert W. Jr. (Alabama)

Vollmer, Richard W. Jr. (Alabama)

Attorneys(s) for Plaintiff

Barrick, Andrew J. (District of Columbia)

Brewster, Henry (Alabama)

Masling, Mark S. (District of Columbia)

Ortega, Nancy E. (Georgia)

Patrick, Deval L. (District of Columbia)

Seidel, Eugene A. (Alabama)

Toone, Robert E. Jr. (Georgia)

Vulevich, Edward J. Jr. (Alabama)

Attorneys(s) for Defendant

Alford, Helen Johnson (Alabama)

Harden, Paul M. Jr. (Alabama)

Leonard, Ellen Ruth (Alabama)

Lyles, Harry A. (Alabama)

Redd, Andrew Weldon (Alabama)

Stevens, Frederick H. (Alabama)

Wasden, H. William (Alabama)

Other Attorney(s)

Peabody, Arthur E. Jr. (District of Columbia)

Reno, Janet (District of Columbia)

Schoen, Benjamin P. (District of Columbia)

Turner, James P. (District of Columbia)

Documents in the Clearinghouse

Document

1:92-cv-00316

Docket [PACER]

Rooks v. Thigpen

Oct. 5, 1998

Oct. 5, 1998

Docket

1:92-cv-00316

Complaint & Amended Complaint

June 30, 1992

June 30, 1992

Complaint

1:92-cv-00316

Report and Recommendation

Rooks v. Thigpen

1993 U.S.Dist.LEXIS 17794

Nov. 10, 1992

Nov. 10, 1992

Order/Opinion

1:92-cv-00316

Letter

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

Oct. 6, 1993

Oct. 6, 1993

Correspondence

1:92-cv-00316

Findings letter re: Intention to Intervene in Rooks v. Thigpen (Rooks v. Herring)

No Court

Nov. 30, 1993

Nov. 30, 1993

Findings Letter/Report
100

1:92-cv-00316

Order and Judgment

Rooks v. Thigpen

1993 U.S.Dist.LEXIS 17683

Dec. 10, 1993

Dec. 10, 1993

Order/Opinion
140

1:92-cv-00316

Consent Order

Sept. 27, 1994

Sept. 27, 1994

Order/Opinion
160

1:92-cv-00316

Order

Jan. 24, 1995

Jan. 24, 1995

Order/Opinion
187

1:92-cv-00316

Joint Motion to Dismiss

July 11, 1996

July 11, 1996

Pleading / Motion / Brief
188

1:92-cv-00316

Order

July 24, 1996

July 24, 1996

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/20610836/rooks-v-thigpen/

Last updated Aug. 10, 2022, 12:38 p.m.

ECF Number Description Date Link Date / Link

CASE ASSIGNED to Mag. Judge Bert W. Milling Jr. (dktclerk)

April 23, 1992

April 23, 1992

PACER
1

COMPLAINT filed; FILING FEE $ ifp RECEIPT # ifp (dktclerk) (Entered: 04/28/1992)

April 23, 1992

April 23, 1992

PACER
2

MOTION by Kevin P. Rooks, John Paul Owens, Kenneth Earl Williams, Curtis Sexton for Nancy E. Ortega to Appear Pro Hac Vice ; referred to Judge Hand (dktclerk) (Entered: 04/28/1992)

April 23, 1992

April 23, 1992

PACER

Motion(s) referred: [2-1] motion for Nancy E. Ortega to Appear Pro Hac Vice referred to Senior Judge W. B. Hand (dktclerk)

April 23, 1992

April 23, 1992

PACER
3

MOTION by Kevin P. Rooks, John Paul Owens, Kenneth Earl Williams, Curtis Sexton to Proceed in Forma Pauperis ; referred to Mag. Judge Milling (dktclerk) (Entered: 04/28/1992)

April 23, 1992

April 23, 1992

PACER
4

ORDER entered that the plaintiffs are ORDERED by 5-19-92 to complete and file this Court's form for a motion to proceed without prepayment of fees and costs ( signed by Mag. Judge Bert W. Milling Jr. ) (mbp) (Entered: 05/01/1992)

April 29, 1992

April 29, 1992

PACER

Filing Fee Paid; FILING FEE $ 120.00 RECEIPT # 6459 (dktclerk)

May 7, 1992

May 7, 1992

PACER
5

SUMMONS(ES) issued for Morris Thigpen, Conecuh County, Al., Freddie Stallworth, Jerold Dean, Leonard Millender, Hugh Barrow, Frank Pate, Edwin L. Booker, Larry Farrell; furnished local counsel for plaintiffs for service (dktclerk) (Entered: 05/08/1992)

May 8, 1992

May 8, 1992

PACER
6

RETURN OF SERVICE executed as to Conecuh County, Al., Freddie Stallworth, Jerold Dean, Leonard Millender, Hugh Barrow, Frank Pate, Edwin L. Booker, Larry Farrell 5/16/92 ; Special report due on 6/25/92 for Larry Farrell, for Edwin L. Booker, for Frank Pate, for Hugh Barrow, for Leonard Millender, for Jerold Dean, for Freddie Stallworth, for Conecuh County, Al. (mbp) (Entered: 05/22/1992)

May 21, 1992

May 21, 1992

PACER
7

SPECIAL REPORT filed by Morris Thigpen; referred to Magistrate Judge Milling (mbp) (Entered: 06/04/1992)

June 1, 1992

June 1, 1992

PACER
8

RETURN OF SERVICE executed as to Morris Thigpen 5/21/92 ; Special report due on 6/30/92 for Morris Thigpen (mbp) (Entered: 06/04/1992)

June 4, 1992

June 4, 1992

PACER
9

MOTION by Conecuh County, Al., Freddie Stallworth, Jerold Dean, Leonard Millender, Hugh Barrow, Frank Pate, Edwin L. Booker, Larry Farrell to Extend Time to respond to the complaint (mbp) (Entered: 06/08/1992)

June 4, 1992

June 4, 1992

PACER
10

MOTION by Kevin P. Rooks, John Paul Owens, Kenneth Earl Williams, Curtis Sexton to Certify Class (mbp) (Entered: 06/08/1992)

June 5, 1992

June 5, 1992

PACER
11

MEMORANDUM by Kevin P. Rooks, John Paul Owens, Kenneth Earl Williams, Curtis Sexton in support of [10-1] motion to Certify Class (mbp) (Entered: 06/08/1992)

June 5, 1992

June 5, 1992

PACER
12

ORDER granting [9-1] motion to Extend Time to respond to the complaint; Defendants are to respond to the complaint by 7-17-92 ( signed by Mag. Judge Bert W. Milling Jr. ) (mbp) (Entered: 06/09/1992)

June 9, 1992

June 9, 1992

PACER
13

NOTICE of Rule 16b consulation by mail; Response to Rule 16b deadline 6/29/92 for Larry Farrell, for Edwin L. Booker, for Frank Pate, for Hugh Barrow, for Leonard Millender, for Jerold Dean, for Freddie Stallworth, for Conecuh County, Al., for Morris Thigpen, for Curtis Sexton, for Kenneth Earl Williams, for John Paul Owens, for Kevin P. Rooks (mbp) (Entered: 06/09/1992)

June 9, 1992

June 9, 1992

PACER
14

ANSWER to Complaint by Leroy Farrell (Attorney Paul M. Harden), (mbp) (Entered: 06/10/1992)

June 10, 1992

June 10, 1992

PACER
15

RESPONSE to Rule 16b by Conecuh County, Al., Freddie Stallworth, Jerold Dean, Leonard Millender, Hugh Barrow, Frank Pate (mbp) (Entered: 06/30/1992)

June 29, 1992

June 29, 1992

PACER
16

RESPONSE to Rule 16b by Kevin P. Rooks, John Paul Owens, Kenneth Earl Williams, Curtis Sexton (mbp) (Entered: 06/30/1992)

June 29, 1992

June 29, 1992

PACER
17

MOTION by Kevin P. Rooks, John Paul Owens, Kenneth Earl Williams, Curtis Sexton to Amend [1-1] complaint (mbp) (Entered: 06/30/1992)

June 30, 1992

June 30, 1992

PACER

Motion(s) referred: [17-1] motion to Amend [1-1] complaint referred to Senior Judge W. B. Hand (mbp)

June 30, 1992

June 30, 1992

PACER
18

RESPONSE to Rule 16b by Conecuh County, Al., Freddie Stallworth, Jerold Dean, Leonard Millender, Hugh Barrow, Frank Pate, Edwin L. Booker, Larry Farrell (mbp) (Entered: 07/02/1992)

July 1, 1992

July 1, 1992

PACER
19

MOTION by Larry Farrell to Amend [14-1] answer (mbp) (Entered: 07/20/1992)

July 17, 1992

July 17, 1992

PACER
20

OBJECTION by Morris Thigpen, Conecuh County, Al., Freddie Stallworth, Jerold Dean, Leonard Millender, Hugh Barrow, Frank Pate, Edwin L. Booker, Larry Farrell to [10-1] motion to Certify Class (mbp) (Entered: 07/20/1992)

July 17, 1992

July 17, 1992

PACER

Motion(s) referred: [19-1] motion to Amend [14-1] answer referred to Senior Judge W. B. Hand (mbp)

July 20, 1992

July 20, 1992

PACER
21

ORDER granting [17-1] motion to Amend [1-1] complaint allowing plaintiffs to add Tammy M. Mixon and Cynthia A. Fair as plaintiffs; Plaintiffs' Renewed Motion for Class Certification was filed 6-5-92; Defendants are to file a response to that motion and inform the Court as to their position with respect to this case proceeding as a class action ( signed by Mag. Judge Bert W. Milling Jr. ) (mbp) (Entered: 07/22/1992)

July 21, 1992

July 21, 1992

PACER
22

AMENDED COMPLAINT by Kevin P. Rooks, John Paul Owens, Kenneth Earl Williams, Curtis Sexton, (Answer due 7/31/92 for Larry Farrell, for Edwin L. Booker, for Frank Pate, for Hugh Barrow, for Leonard Millender, for Jerold Dean, for Freddie Stallworth, for Conecuh County, Al., for Morris Thigpen ) amending [1-1] complaint adding Tammy M. Mixon, Cynthia A. Fair (mbp) (Entered: 07/22/1992)

July 21, 1992

July 21, 1992

PACER
23

SCHEDULING ORDER setting Discovery cutoff 1/21/93 ; Joining of parties,amending of pleadings on 10/21/92 ; ( signed by Mag. Judge Bert W. Milling Jr. ) (mbp) (Entered: 07/22/1992)

July 21, 1992

July 21, 1992

PACER
24

ORDER granting [2-1] motion for Nancy E. Ortega to Appear Pro Hac Vice ( signed by Senior Judge W. B. Hand ) (mbp) (Entered: 07/22/1992)

July 22, 1992

July 22, 1992

PACER
25

MOTION by Larry Farrell for Paul M. Harden to Withdraw as Attorney (mbp) (Entered: 07/28/1992)

July 23, 1992

July 23, 1992

PACER

Motion(s) referred: [25-1] motion for Paul M. Harden to Withdraw as Attorney referred to Senior Judge W. B. Hand (mbp)

July 28, 1992

July 28, 1992

PACER
26

NOTICE entered, endorsed motion granting [25-1] motion for Paul M. Harden to Withdraw as Attorney (Terminated attorney Paul M. Harden for Larry Farrell ( signed by Senior Judge W. B. Hand 8-20-92) (mbp) (Entered: 08/21/1992)

Aug. 21, 1992

Aug. 21, 1992

PACER
27

MOTION by Morris Thigpen, Conecuh County, Al., Freddie Stallworth, Jerold Dean, Leonard Millender, Hugh Barrow, Frank Pate, Edwin L. Booker, Larry Farrell for non-party to Produce medical records (mbp) (Entered: 09/16/1992)

Sept. 14, 1992

Sept. 14, 1992

PACER
28

ORDER granting [27-1] motion for non-party to Produce medical records; non-party Southwest Alabama Mental Health and/or Jim Coldwell are to produce as requested in the medical records of Cynthia Ann Fair by 10-16-92 ( signed by Mag. Judge Bert W. Milling Jr. 10-2-92) (mbp) (Entered: 10/02/1992)

Oct. 2, 1992

Oct. 2, 1992

PACER
29

MOTION by Kevin P. Rooks, John Paul Owens, Kenneth Earl Williams, Curtis Sexton for Protective Order (mbp) (Entered: 10/21/1992)

Oct. 20, 1992

Oct. 20, 1992

PACER
30

MOTION by Kevin P. Rooks, John Paul Owens, Kenneth Earl Williams, Curtis Sexton to Extend Time to amend complaint (mbp) (Entered: 10/21/1992)

Oct. 20, 1992

Oct. 20, 1992

PACER
31

RENEWED MOTION by Kevin P. Rooks, John Paul Owens, Kenneth Earl Williams, Curtis Sexton to Certify Class (mbp) (Entered: 10/21/1992)

Oct. 20, 1992

Oct. 20, 1992

PACER
32

RESPONSE by Freddie Stallworth, Jerold Dean, Leonard Millender, Hugh Barrow, Frank Pate, Edwin L. Booker, Larry Farrell to [31-1] motion to Certify Class (jlr) (Entered: 10/29/1992)

Oct. 23, 1992

Oct. 23, 1992

PACER

Motion(s) referred: [31-1] motion to Certify Class referred to Senior Judge W. B. Hand, [30-1] motion to Extend Time to amend complaint referred to Senior Judge W. B. Hand, [19-1] motion to Amend [14-1] answer referred to Senior Judge W. B. Hand (jlr)

Oct. 29, 1992

Oct. 29, 1992

PACER
34

AMENDED MOTION by Tammy M. Mixon, Cynthia A. Fair, Kevin P. Rooks, John Paul Owens, Kenneth Earl Williams, Curtis Sexton for Protective Order referring to (adk) (Entered: 11/06/1992)

Nov. 5, 1992

Nov. 5, 1992

PACER
35

PROTECTIVE ORDER entered. Copies mailed 11/6/92 ( signed by Mag. Judge Bert W. Milling Jr. ) (adk) (Entered: 11/06/1992)

Nov. 5, 1992

Nov. 5, 1992

PACER
33

ORDER granting [29-1] motion for Protective Order granting [30-1] motion to Extend Time to amend complaint, setting Response to Order Deadline for Plaintiffs to file affidavits in support of their motion for class certification re: [33-1] order to 11/25/92 for Cynthia A. Fair, for Tammy M. Mixon, for Curtis Sexton, for Kenneth Earl Williams, for John Paul Owens, for Kevin P. Rooks, a reset Amended Pleadings deadline to 11/12/92 ( signed by Mag. Judge Bert W. Milling Jr. ) Copies mailed 11/6/92 (adk) (Entered: 11/06/1992)

Nov. 6, 1992

Nov. 6, 1992

PACER
36

AFFIDAVIT by Kevin P. Rooks, John Paul Owens, Kenneth Earl Williams, Curtis Sexton Re: [31-1] motion to Certify Class (mbp) (Entered: 11/12/1992)

Nov. 6, 1992

Nov. 6, 1992

PACER
37

MOTION by Kevin P. Rooks, John Paul Owens, Kenneth Earl Williams, Curtis Sexton to Amend [35-1] order, or to Sever (mbp) (Entered: 11/16/1992)

Nov. 13, 1992

Nov. 13, 1992

PACER
38

ORDER entered that Plaintiffs' oral motion to withdraw Plaintiffs' Submission in Support of Plaintiffs' Motion for Class Certification and Plaintiffs' Renewed Motion for Class Certification filed on 11-6-92 (doc.36) is GRANTED; the Clerk is directed to withdraw that pleading and return it to counsel for Plaintiffs, Henry Brewster ( signed by Mag. Judge Bert W. Milling Jr. 11-13-92 ) (mbp) (Entered: 11/16/1992)

Nov. 16, 1992

Nov. 16, 1992

PACER
39

MOTION by Morris Thigpen, Conecuh County, Al., Freddie Stallworth, Jerold Dean, Leonard Millender, Hugh Barrow, Frank Pate, Edwin L. Booker, Larry Farrell for Non-Party to Produce Medical Records ; referred to MJ/Milling 11-23-92 (dktclerk) (Entered: 11/23/1992)

Nov. 18, 1992

Nov. 18, 1992

PACER
40

ORDER denying [39-1] motion to Produce Medical Records ( signed by Mag. Judge Bert W. Milling Jr. 11-30-92) (mbp) (Entered: 12/02/1992)

Dec. 1, 1992

Dec. 1, 1992

PACER
41

JOINT STIPULATION by Kevin P. Rooks, John Paul Owens, Kenneth Earl Williams, Curtis Sexton, Morris Thigpen, Conecuh County, Al., Freddie Stallworth, Jerold Dean, Leonard Millender, Hugh Barrow, Frank Pate, Edwin L. Booker, Larry Farrell, Tammy M. Mixon, Cynthia A. Fair to enter a protective order to guarantee the confidentiality of psychiatric records of Plaintiff (mbp) (Entered: 12/02/1992)

Dec. 1, 1992

Dec. 1, 1992

PACER
42

MOTION by Kevin P. Rooks, John Paul Owens, Kenneth Earl Williams, Curtis Sexton to Amend [1-1] complaint ; proposed amendment attached (mbp) (Entered: 12/09/1992)

Dec. 7, 1992

Dec. 7, 1992

PACER
43

MOTION by Kevin P. Rooks, John Paul Owens, Kenneth Earl Williams, Curtis Sexton for class notice of class certification to be posted should the Court grant certification (mbp) (Entered: 12/16/1992)

Dec. 15, 1992

Dec. 15, 1992

PACER
44

RESPONSE by Conecuh County, Al., Freddie Stallworth, Jerold Dean, Leonard Millender, Hugh Barrow, Frank Pate, Edwin L. Booker, Larry Farrell to Plaintiffs' requests for entry upon land for inspection and other purposes (mbp) (Entered: 02/01/1993)

Dec. 15, 1992

Dec. 15, 1992

PACER
45

MOTION by Kevin P. Rooks, John Paul Owens, Kenneth Earl Williams, Curtis Sexton to Compel (mbp) (Entered: 02/01/1993)

Dec. 16, 1992

Dec. 16, 1992

PACER
46

PROTECTIVE ORDER entered as to the documents concerning Kevin Rooks ( signed by Mag. Judge Bert W. Milling Jr. 12-17-92) (mbp) (Entered: 02/01/1993)

Dec. 17, 1992

Dec. 17, 1992

PACER
47

ORDER entered that the Court held a telephone conference with counsel concerning some discovery disputes; defendants will be given the normal time to respond to the Plaintiffs' motion to compel which was just filed on 12-16-92 ( signed by Mag. Judge Bert W. Milling Jr. 12-17-92 ) (mbp) (Entered: 02/01/1993)

Dec. 17, 1992

Dec. 17, 1992

PACER
48

ORDER entered that regarding the motion of defendants for an order compelling Morgan Counseling Center and/or Leah Oakley to produce records pertaining to plaintiff was ruled on as more fully set out in order ( signed by Mag. Judge Bert W. Milling Jr. 12-17-92 ) (mbp) (Entered: 02/01/1993)

Dec. 17, 1992

Dec. 17, 1992

PACER
49

MOTION by Conecuh County, Al., Freddie Stallworth, Jerold Dean, Leonard Millender, Hugh Barrow, Frank Pate, Edwin L. Booker, Larry Farrell for Protective Order (mbp) (Entered: 02/01/1993)

Dec. 21, 1992

Dec. 21, 1992

PACER
50

MOTION by Conecuh County, Al., Freddie Stallworth, Jerold Dean, Leonard Millender, Hugh Barrow, Frank Pate, Edwin L. Booker, Larry Farrell to Strike plaintiffs' Third Amended Complaint (mbp) (Entered: 02/01/1993)

Dec. 21, 1992

Dec. 21, 1992

PACER
51

RESPONSE by Conecuh County, Al., Freddie Stallworth, Jerold Dean, Leonard Millender, Hugh Barrow, Frank Pate, Edwin L. Booker, Larry Farrell to proposed class notice (mbp) (Entered: 02/01/1993)

Dec. 21, 1992

Dec. 21, 1992

PACER
52

JOINT MOTION by Kevin P. Rooks, John Paul Owens, Kenneth Earl Williams, Curtis Sexton, Morris Thigpen, Conecuh County, Al., Freddie Stallworth, Jerold Dean, Leonard Millender, Hugh Barrow, Frank Pate, Edwin L. Booker, Larry Farrell, Tammy M. Mixon, Cynthia A. Fair to Stay of discovery until 1-31-93 to recommence 2-1-93 (mbp) (Entered: 02/01/1993)

Dec. 22, 1992

Dec. 22, 1992

PACER
53

ORDER granting [52-1] motion to Stay of discovery until 1-31-93 to recommence 2-1-93 ( signed by Senior Judge W. B. Hand 12-29-92 ) (mbp) (Entered: 02/01/1993)

Dec. 29, 1992

Dec. 29, 1992

PACER
54

JOINT MOTION by Kevin P. Rooks, John Paul Owens, Kenneth Earl Williams, Curtis Sexton, Morris Thigpen, Conecuh County, Al., Freddie Stallworth, Jerold Dean, Leonard Millender, Hugh Barrow, Frank Pate, Edwin L. Booker, Larry Farrell, Tammy M. Mixon, Cynthia A. Fair for Protective Order (mbp) (Entered: 02/01/1993)

Jan. 29, 1993

Jan. 29, 1993

PACER
55

ORDER granting [54-1] motion for Protective Order ( signed by Mag. Judge Bert W. Milling Jr. 2-2-93 ) (mbp) (Entered: 02/03/1993)

Feb. 3, 1993

Feb. 3, 1993

PACER
56

MOTION by Conecuh County, Al. to Extend Time within which to respond to plaintiff's interrogatories and request for production. (dfj) (Entered: 02/05/1993)

Feb. 4, 1993

Feb. 4, 1993

PACER
57

MOTION by Conecuh County, Al., Freddie Stallworth, Jerold Dean, Leonard Millender, Hugh Barrow, Frank Pate, Edwin L. Booker, Larry Farrell for Protective Order (mbp) (Entered: 02/16/1993)

Feb. 4, 1993

Feb. 4, 1993

PACER
58

OBJECTION by Kevin P. Rooks, John Paul Owens, Kenneth Earl Williams, Curtis Sexton to [56-1] motion to Extend Time (mbp) (Entered: 02/16/1993)

Feb. 9, 1993

Feb. 9, 1993

PACER
59

RESPONSE by Kevin P. Rooks, John Paul Owens, Kenneth Earl Williams, Curtis Sexton to [50-1] motion to Strike plaintiffs' Third Amended Complaint (mbp) (Entered: 02/16/1993)

Feb. 11, 1993

Feb. 11, 1993

PACER
60

RESPONSE by Kevin P. Rooks, John Paul Owens, Kenneth Earl Williams, Curtis Sexton to [57-1] motion for Protective Order (mbp) (Entered: 02/16/1993)

Feb. 11, 1993

Feb. 11, 1993

PACER
61

MOTION by Kevin P. Rooks, John Paul Owens, Kenneth Earl Williams, Curtis Sexton to substitute the second amended complaint for the previously filed third amended complaint (mbp) (Entered: 02/16/1993)

Feb. 16, 1993

Feb. 16, 1993

PACER
62

ORDER entered that this case has been referred to MJ/Milling for the purpose of holding a settlement conference, which is scheduled for 3-15-93 at 9:00 a.m. ( signed by Mag. Judge Bert W. Milling Jr. 2-16-93 ) (mbp) (Entered: 02/16/1993)

Feb. 16, 1993

Feb. 16, 1993

PACER
63

ORDER denying [57-1] motion for Protective Order, granting [56-1] motion to Extend Time, mooting [50-1] motion to Strike plaintiffs' Third Amended Complaint, granting [42-1] motion to Amend [1-1] complaint, reset Discovery deadline to 6/12/93 ( signed by Mag. Judge Bert W. Milling Jr. 2-16-93 ) (mbp) (Entered: 02/16/1993)

Feb. 16, 1993

Feb. 16, 1993

PACER
64

Plaintiff's Submission of Proposed Order granting Plaintiffs' Experts and Plaintiffs' counsel entry upon land for inspection and other purposes filed; referred to M/J Milling (mbp) (Entered: 02/17/1993)

Feb. 17, 1993

Feb. 17, 1993

PACER
65

NOTICE entered, endorsed motion granting [61-1] motion to substitute the second amended complaint for the previously filed third amended complaint; see paragraph 1 of Court's Order dated 2-16-93 (doc.63) ( signed by Mag. Judge Bert W. Milling Jr. 2-17-93) (mbp) (Entered: 02/17/1993)

Feb. 17, 1993

Feb. 17, 1993

PACER
66

SECOND AMENDED COMPLAINT by Kevin P. Rooks, John Paul Owens, Kenneth Earl Williams, Curtis Sexton, (Answer due 2/27/93 for Larry Farrell, for Edwin L. Booker, for Frank Pate, for Hugh Barrow, for Leonard Millender, for Jerold Dean, for Freddie Stallworth, for Conecuh County, Al., for Morris Thigpen ) amending [1-1] complaint (mbp) (Entered: 02/18/1993)

Feb. 17, 1993

Feb. 17, 1993

PACER
67

ORDER entered that plaintiffs are hereby granted permission for their attorneys and their expert witnesses, Mr. Ward Dewel and Mr. Joe Rowan to enter upon the Conecuh County Jail on one date to be agreed upon by the parties to perform the activities described more fully in order ( signed by Mag. Judge Bert W. Milling Jr. 2-19-93 ) (mbp) (Entered: 02/25/1993)

Feb. 24, 1993

Feb. 24, 1993

PACER
68

MOTION by Kevin P. Rooks, John Paul Owens, Kenneth Earl Williams, Curtis Sexton to Amend [1-1] complaint (mbp) (Entered: 02/25/1993)

Feb. 24, 1993

Feb. 24, 1993

PACER
69

ORDER granting [68-1] motion to Amend [1-1] complaint ( signed by Mag. Judge Bert W. Milling Jr. ) (dfj) (Entered: 03/03/1993)

March 2, 1993

March 2, 1993

PACER
70

MOTION by Kevin P. Rooks to Amend the courts oral order to February 19, 1993, and written order of February 24, 1993. (dfj) (Entered: 03/08/1993)

March 5, 1993

March 5, 1993

PACER
71

ORDER the settlement conference is continued to be reset at later date see tab 71 order. copies mailed. ( signed by Mag. Judge Bert W. Milling Jr. ) (dfj) (Entered: 03/16/1993)

March 16, 1993

March 16, 1993

PACER
72

ANSWER by Conecuh County, Al., Freddie Stallworth, Jerold Dean, Leonard Millender, Hugh Barrow, Frank Pate, Edwin L. Booker, Larry Farrell to third amended complaint (mbp) (Entered: 03/18/1993)

March 17, 1993

March 17, 1993

PACER
73

ORDER entered that counsel for plaintiffs informed the Court that they are withdrawing plaintiffs' objections to and motion to amend the Court's oral order of 2-19-93 and written order of 2-24-93; this request was withdrawn at the hearing; the inspection will take place on 4-21-93; it will start at 6:00 a.m. and be concluded no later than 8:00 p.m. ( signed by Mag. Judge Bert W. Milling Jr. 4-2-93 ) (mbp) (Entered: 04/06/1993)

April 5, 1993

April 5, 1993

PACER

CASE reassigned to Chief Judge Alex T. Howard Jr. (mbp)

May 3, 1993

May 3, 1993

PACER
74

MOTION by Conecuh County, Al., Freddie Stallworth, Jerold Dean, Leonard Millender, Hugh Barrow, Frank Pate, Edwin L. Booker, Larry Farrell for amendment of order under rule 16(b) referred to Mag Judge Milling 5/4/93 (dktclerk) (Entered: 05/04/1993)

May 3, 1993

May 3, 1993

PACER
75

ORDER granting [74-1] motion for amendment of order under rule 16(b); The number of depositions which each party may take is increased from 8 to 16 ( signed by Mag. Judge Bert W. Milling Jr. ) (dktclerk) (Entered: 05/20/1993)

May 20, 1993

May 20, 1993

PACER
76

MOTION by Kevin P. Rooks, John Paul Owens, Kenneth Earl Williams, Curtis Sexton, Morris Thigpen, Conecuh County, Al., Freddie Stallworth, Jerold Dean, Leonard Millender, Hugh Barrow, Frank Pate, Edwin L. Booker, Larry Farrell, Tammy M. Mixon, Cynthia A. Fair to Extend Time for discovery referred to Mag. Judge Milling 5/21/93 (dktclerk) (Entered: 05/21/1993)

May 20, 1993

May 20, 1993

PACER
77

ORDER granting [76-1] motion to Extend Time for discovery the discovery completion date is EXTENDED from June 12, 1993 to September 30, 1993. The Court has already entered an Order extending the number of depositions that may be taken by each party from 8 to 16 (doc. 75) reset Discovery deadline to 9/30/93 ( signed by Mag. Judge Bert W. Milling Jr. ) (dktclerk) (Entered: 05/25/1993)

May 24, 1993

May 24, 1993

PACER
78

MOTION by Morris Thigpen, Conecuh County, Al., Freddie Stallworth, Jerold Dean, Leonard Millender, Hugh Barrow, Frank Pate, Edwin L. Booker, Larry Farrell for non-party to appear for deposition referred to Mag. Judge Milling 6/10/93 (dktclerk) (Entered: 06/10/1993)

June 9, 1993

June 9, 1993

PACER
79

ORDER granting [78-1] motion for non-party to appear for deposition; Leah Oakley shall comply by appearing for deposition on June 23, 1993 at Morgan Counseling Center in Decatur, Al ( signed by Mag. Judge Bert W. Milling Jr. ) copies mailed 6/15/93 (dktclerk) (Entered: 06/15/1993)

June 11, 1993

June 11, 1993

PACER
80

REPORT AND RECOMMENDATIONS re: it is the recommendation of the Mag. Judge that pltf's "Motion for Class Notice of Class Certification to be Posted" be granted ; Motion no longer referred Objections to R and R due by 7/6/93 ( signed by Mag. Judge Bert W. Milling Jr. ) copies mailed 6/17/93 (dktclerk) (Entered: 06/18/1993)

June 17, 1993

June 17, 1993

PACER

File forwarded to Judge Howard for R&R (dktclerk)

July 6, 1993

July 6, 1993

PACER
81

ORDER ADOPTING [80-1] REPORT AND RECOMMENDATIONS re: it is the recommendation of the Mag. Judge that pltf's "Motion for Class Notice of Class Certification to be Posted" be granted ; copies mailed 7/9/93 ( signed by Chief Judge Alex T. Howard Jr. ) (dktclerk) (Entered: 07/09/1993)

July 9, 1993

July 9, 1993

PACER
82

JUDGMENT; it is ORDERED, ADJUDGED, and DECREED that the pltf's motion for class certification be GRANTED. Specifically, it is ordered that a class be certified to include the named class representatives and that group of people housed at the Conecuh County Jail, Evergreen, Al. on the date that this complaint was filed in this action. However, the class will not include people subsequently imprisoned in the Jail. However, since the members of the class are clearly defined and readily discoverable, the pltfs. motion for class notice of class certification to be posted should the Court grant certification is unnecessary and therefore DENIED. ( signed by Chief Judge Alex T. Howard Jr. ); J/E # 2346 Judgment EOD: 7/9/93 copies mailed 7/9/93 (dktclerk) (Entered: 07/09/1993)

July 9, 1993

July 9, 1993

PACER
83

MOTION by Kevin P. Rooks, John Paul Owens, Kenneth Earl Williams, Curtis Sexton for modification of class certification order referred to Judge Howard 7/22/93 (dktclerk) (Entered: 07/22/1993)

July 19, 1993

July 19, 1993

PACER
84

MEMORANDUM by Kevin P. Rooks, John Paul Owens, Kenneth Earl Williams, Curtis Sexton in support of [83-1] motion for modification of class certification order referred to Judge Howard 7/22/93 (dktclerk) (Entered: 07/22/1993)

July 19, 1993

July 19, 1993

PACER

Motion(s) referred: [83-1] motion for modification of class certification order referred to Chief Judge Alex T. Howard Jr. (dktclerk)

July 22, 1993

July 22, 1993

PACER
85

OBJECTION by Conecuh County, Al., Freddie Stallworth, Jerold Dean, Leonard Millender, Hugh Barrow, Frank Pate, Edwin L. Booker, Larry Farrell to [83-1] motion for modification of class certification order (dktclerk) (Entered: 07/28/1993)

July 26, 1993

July 26, 1993

PACER
86

NOTICE entered, endorsed motion denying [83-1] motion for modification of class certification order ( signed by Chief Judge Alex T. Howard Jr. on July 30, 1993 ) copies mailed 8/3/93 (dktclerk) (Entered: 08/03/1993)

Aug. 3, 1993

Aug. 3, 1993

PACER
87

MOTION by Kevin P. Rooks to Strike [85-1] defts. objection to pltf's motion for modification of class certification order referred to Judge Howard 8/4/93 (dktclerk) (Entered: 08/04/1993)

Aug. 3, 1993

Aug. 3, 1993

PACER

Motion(s) referred: [87-1] motion to Strike [85-1] defts. objection to pltf's motion for modification of class certification order referred to Chief Judge Alex T. Howard Jr. (dktclerk)

Aug. 4, 1993

Aug. 4, 1993

PACER
88

NOTICE entered, endorsed motion mooting [87-1] motion to Strike [85-1] defts. objection to pltf's motion for modification of class certification order ( signed by Chief Judge Alex T. Howard Jr. ) copies mailed 8/9/93 (dktclerk) (Entered: 08/09/1993)

Aug. 9, 1993

Aug. 9, 1993

PACER
89

MOTION by Conecuh County, Al., Freddie Stallworth, Jerold Dean, Leonard Millender, Hugh Barrow, Frank Pate, Edwin L. Booker, Larry Farrell for Sanctions referred to Mag. Judge Milling 8/13/93 (dktclerk) (Entered: 08/13/1993)

Aug. 12, 1993

Aug. 12, 1993

PACER

Case Details

State / Territory: Alabama

Case Type(s):

Jail Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: April 23, 1992

Closing Date: 1998

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All persons who are now, have previously or in the future will be incarcerated at the Conecuh County Jail.

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

Alabama Department of Corrections, State

Conecuh County Jail (Evergreen, Conecuh), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq.

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

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: 1992 - 1998

Issues

General:

Access to lawyers or judicial system

Assault/abuse by residents/inmates/students

Bathing and hygiene

Classification / placement

Disciplinary procedures

Fire safety

Food service / nutrition / hydration

Grievance Procedures

Mail

Phone

Religious programs / policies

Sanitation / living conditions

Search policies

Sexual abuse by residents/inmates

Staff (number, training, qualifications, wages)

Suicide prevention

Totality of conditions

Visiting

Crowding:

Crowding / caseload

Discrimination-basis:

Race discrimination

Affected Gender:

Female

Male

Medical/Mental Health:

Medical care, general

Mental health care, general

Suicide prevention

Type of Facility:

Government-run