Case: Barnet v. Allsbrook

5:89-ct-00705 | U.S. District Court for the Eastern District of North Carolina

Filed Date: Sept. 6, 1989

Clearinghouse coding in progress

Case Summary

(This summary is temporary, while we research the case.)

According to the ACLU National Prison Project 1995 Status Report on state prisons,

"There are also pending cases on overcrowding and conditions at Odom Farm, Barnet v. Allsbrook, No. 89-705 CRT BO (E.D.N.C.), and Harnett Correctional Center, Bass v. Stephenson, No. 87-499-CRT BO (E.D.N.C.). Both cases, filed in 1989, were settled without trial, and compliance monitoring is ongoing."

People


Judge(s)

Boyle, Terrence William (North Carolina)

Attorneys(s) for Plaintiff

Adcock, Cynthia (North Carolina)

Holtzman, Jack (North Carolina)

Naef, Judith Thomas (North Carolina)

Pollitt, Susan H. (North Carolina)

Sparrow, Marvin (North Carolina)

Weisel, Linda B. (North Carolina)

Attorneys(s) for Defendant

Hill, Howard Edwin (North Carolina)

Smith, James Peeler (North Carolina)

Judge(s)

Boyle, Terrence William (North Carolina)

Attorneys(s) for Plaintiff

Adcock, Cynthia (North Carolina)

Holtzman, Jack (North Carolina)

Naef, Judith Thomas (North Carolina)

Pollitt, Susan H. (North Carolina)

Sparrow, Marvin (North Carolina)

Weisel, Linda B. (North Carolina)

Attorneys(s) for Defendant

Hill, Howard Edwin (North Carolina)

Smith, James Peeler (North Carolina)

Documents in the Clearinghouse

Document

Docket [PACER]

Aug. 30, 1996 Docket

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

Complaint filed − alleges conditions of confinement at Odom Corr. Ctr. violation of constitutional rights; seeks injunctive relief (gm) (Entered: 09/07/1989)

Sept. 6, 1989
2

Motion by Grady Eugene Coleman, to proceed in forma pauperis (gm) (Entered: 09/07/1989)

Sept. 6, 1989
2

Motion by Larry Carter, to proceed in forma pauperis (gm) (Entered: 09/07/1989)

Sept. 6, 1989
2

Motion by Harold E. McSwain, to proceed in forma pauperis (gm) (Entered: 09/07/1989)

Sept. 6, 1989
2

Motion by Lee Wayne Hunt, to proceed in forma pauperis (gm) (Entered: 09/07/1989)

Sept. 6, 1989
3

Trust Fund Account received from D.O.C. for pltf Hunt (gm) (Entered: 09/28/1989)

Sept. 27, 1989
3

Trust Fund Account received from D.O.C. for pltf Carter (gm) (Entered: 09/28/1989)

Sept. 27, 1989
3

Trust Fund Account received from D.O.C. for pltf McSwain (gm) (Entered: 09/28/1989)

Sept. 27, 1989
3

Trust Fund Account received from D.O.C. for pltf Coleman (gm) (Entered: 09/28/1989)

Sept. 27, 1989
4

Order Requiring Payment of Filing Fee signed by Leonard, Clerk, OB#55,pg16 and, to proceed in forma pauperis upon payment of filing fee of $120.00. (pm) (Entered: 10/13/1989)

Oct. 13, 1989
4

Order Requiring Payment of Filing Fee signed by Leonard, Clerk, OB#55,pg16 and, setting Filing Fee Due for 11/15/89 , fee due of $120.00. (pm) (Entered: 10/13/1989)

Oct. 13, 1989
5

Motion by Grady Eugene Coleman, to extend time to respond to court filing fee (pm) (Entered: 10/31/1989)

Oct. 25, 1989
6

Order granting [5−1] motion to extend time to respond to court filing fee, and resetting Filing Fee $120 Due for 11/30/89 signed by Leonard, Clerk by Moore−Dade, Deputy Clerk. (pm) (Entered: 10/31/1989)

Oct. 31, 1989

Received filing fee payment of $30.00 from Lee W. Hunt. Receipt No. 80524 (gm) (Entered: 11/14/1989)

Nov. 14, 1989

Received filing fee payment of $30.00 from Larry Carter. Receipt No. 80523. (gm) (Entered: 11/14/1989)

Nov. 14, 1989

Received filing fee payment on behalf of Coleman and McSwain. Receipt No. 80587 (gm) (Entered: 11/17/1989)

Nov. 17, 1989
7

Notice of attorney appearance for Grady Eugene Coleman, Larry Carter, Harold E. McSwain, Lee Wayne Hunt by Linda Beth Weisel, Judith Thomas Naef (pm) (Entered: 11/20/1989)

Nov. 17, 1989

Terminated all motions to proceed in forma pauperis (gm) (Entered: 02/08/1990)

Nov. 17, 1989

Summons(es) issued to US Magistrate's Office for service as to Harry L. Allsbrook, Joseph R. Davis, cc to counsel and pltfs w/mag. consent ltr. (pm) (Entered: 11/20/1989)

Nov. 20, 1989
8

Return of service executed by cert. mail as to Harry L. Allsbrook 11/27/89 Answer due on 12/18/89 for Harry L. Allsbrook (gm) (Entered: 12/01/1989)

Nov. 28, 1989
9

Return of service unexecuted as to Joseph R. Davis. Endeavored 11/21/89 − Post Office Returned − Subject Deceased (gm) (Entered: 12/01/1989)

Nov. 28, 1989
11

Order granting [10−1] motion to extend time to answer, move, or otherwise plead, and resetting answer due for 1/8/90 for Harry L. Allsbrook signed by Leonard, Clerk by McDowell, Deputy Clerk. (gm) (Entered: 12/15/1989)

Dec. 15, 1989
12

Motion by Harry L. Allsbrook, to further extend time to answer, move, or otherwise plead (gm) (Entered: 01/09/1990)

Jan. 5, 1990
13

Order granting [12−1] motion to further extend time to answer, move, or otherwise plead, and resetting answer due for 1/29/90 for Harry L. Allsbrook signed by Mag. Leonard. (gm) (Entered: 01/09/1990)

Jan. 9, 1990
14

Answer to Complaint by Harry L. Allsbrook (gm) (Entered: 01/31/1990)

Jan. 25, 1990
15

Motion by Grady Eugene Coleman, Larry Carter, Harold E. McSwain, Lee Wayne Hunt, to certify class action (gm) (Entered: 02/07/1990)

Feb. 5, 1990
16

Memorandum by Grady Eugene Coleman, Larry Carter, Harold E. McSwain, Lee Wayne Hunt in support of [15−1] motion to certify class action (gm) (Entered: 02/07/1990)

Feb. 5, 1990
17

Motion by Grady Eugene Coleman, Larry Carter, Harold E. McSwain, Lee Wayne Hunt, to consolidate 89−705−CRT−BO, 88−703−CRT−BR and 89−248−D (gm) (Entered: 02/07/1990)

Feb. 5, 1990
18

Motion by Harry L. Allsbrook, Joseph R. Davis, to extend time within which to respond to plaintiff's motion for consolidation (original filed in 88−703−CRT−BR) (gm) (Entered: 02/23/1990)

Feb. 22, 1990
19

Motion by Harry L. Allsbrook, to extend time within which to respond to plaintiff's motion for class certification (gm) (Entered: 02/23/1990)

Feb. 22, 1990
20

Order granting [19−1] motion to extend time within which to respond to plaintiff's motion for class certification, and Response to motion reset to 3/30/90 for [15−1] motion to certify class action signed by Mag. Leonard. (gm) (Entered: 02/27/1990)

Feb. 27, 1990
21

Order granting [18−1] motion to extend time within which to respond to plaintiff's motion for consolidation, and Response to motion reset to 3/30/90 for [17−1] motion to consolidate 89−705−CRT−BO, 88−703−CRT−BR and 89−248−D signed by Mag. Leonard. (original filed in 88−703−CRT−BR (gm) (Entered: 02/27/1990)

Feb. 27, 1990
22

Motion by Harry L. Allsbrook, to further extend time to respond to plaintiffs' motion for class certification (gm) (Entered: 03/27/1990)

March 27, 1990
23

Motion by Harry L. Allsbrook, to further extend time within which to respond to plaintiffs' motion for consolidation (original filed in 88−703−CRT−BR) (gm) (Entered: 03/27/1990)

March 27, 1990
24

Order granting [23−1] motion to further extend time within which to respond to plaintiffs' motion for consolidation, and Response to motion reset to 4/30/90 for [17−1] motion to consolidate 89−705−CRT−BO, 88−703−CRT−BR and 89−248−D signed by Mag. Leonard. (original filed in 88−703−CRT−BR) (gm) (Entered: 03/28/1990)

March 28, 1990
25

Order granting [22−1] motion to further extend time to respond to plaintiffs' motion for class certification, and Response to motion reset to 4/30/90 for [15−1] motion to certify class action signed by Mag. Leonard. (gm) (Entered: 03/28/1990)

March 28, 1990
26

Response by Harry L. Allsbrook to [15−1] motion to certify class action (gm) (Entered: 04/26/1990)

April 26, 1990

Agreed Order signed by counsel for both parties received (gm) (Entered: 04/26/1990)

April 26, 1990
27

Response by Harry L. Allsbrook to [17−1] motion to consolidate 89−705−CRT−BO, 88−703−CRT−BR and 89−248−D (original filed in 88−703−CRT−BR) (gm) (Entered: 04/27/1990)

April 26, 1990
28

Order granting [17−1] motion to consolidate 89−705−CRT−BO, 88−703−CRT−BR and 89−248−D for purposes of discovery; plaintiffs may renew their motion to consolidate for purposes of pretrial proceedings and trial, defendant shall have 20 days after the renewal of plaintiffs' motion within which to respond signed by Judge Britt. OB Ref: 58, pg. 222 (original filed in 88−703−CRT−BR) cc to NCPLS and NCAG (gm) (Entered: 06/12/1990)

June 12, 1990
29

Agreed Order certifying this action as a class action, pertaining to the original complex at Odom Correctional Inst., in Jackson, NC,; pltf consists of all persons who are and will be confined in Dormitories 1A, 1B, 1C, 1D, 2A, 2B, 2C, 2D, 3A, 3B, 3C, 3D, and 3E located in "original complex" at Odom, granting [15−1] motion to certify class action signed by Judge Boyle. OB Ref: 58, pg 253 (pm) (Entered: 06/20/1990)

June 20, 1990
30

Motion by Harry L. Allsbrook, for protective order (original filed in 88−703−CRT−BR) (gm) (Entered: 08/08/1990)

Aug. 1, 1990

Motion(s) submitted to Judge Britt: [30−1] motion for protective order with proposed discovery protective order (gm) (Entered: 08/08/1990)

Aug. 8, 1990
31

Discovery Protective Order (granting [30−1] motion for protective order) by consent signed by Judge Britt. OB Ref: 59, pg. 141 (original filed in 88−703−CRT−BR) cc to NCPLS and NCAG (gm) (Entered: 08/09/1990)

Aug. 9, 1990
32

Motion by Harry L. Allsbrook, for leave to take depositions (original filed 88−703−CRT−BR) (gm) (Entered: 09/28/1990)

Sept. 27, 1990
33

Order granting [32−1] motion for leave to take depositions of Russell J. Tozzi and Lester Barnett, Jr. at 10:00 am on Thursday, October 11, 1990 at Central Prison signed by Mag. Leonard. OB Ref: 60, pg. 76 (Original filed in 88−703−CRT−BR) cc to all counsel (gm) (Entered: 10/01/1990)

Oct. 1, 1990
34

Motion, for Judith Naef NCPLS to withdraw as attorney original filed in 88−703−CRT−BR (fs) (Entered: 05/01/1991)

April 25, 1991
35

Notice of attorney appearance for Grady Eugene Coleman, Larry Carter, Harold E. McSwain, Lee Wayne Hunt by Jack Holtzman original filed in 88−703−CRT−BR (fs) (Entered: 05/01/1991)

April 25, 1991
36

Order granting [34−1] motion for Judith Naef NCPLS to withdraw as attorney (Terminated attorney Judith Thomas Naef for Lee Wayne Hunt, attorney Judith Thomas Naef for Harold E. McSwain, attorney Judith Thomas Naef for Larry Carter, attorney Judith Thomas Naef for Grady Eugene Coleman signed by Leonard, Magistrate Judge. OB Ref: 63, pg 64 (cs) (Original of order in case file #88−703−CRT−BR) (pm) (Entered: 05/08/1991)

May 8, 1991
37

Motion by Lee Wayne Hunt, Harold E. McSwain, Larry Carter for clarification and for possible re−appointment of counsel cc to NCPLS (gm) (Entered: 12/13/1991)

Dec. 9, 1991
38

Letter from NC Attorney General's Office re: report on prospects of settlement of class action (gm) (Entered: 12/30/1991)

Dec. 19, 1991
39

Response by NCPLS to [37−1] motion for clarification, [37−2] motion for possible re−appointment of counsel (gm) (Entered: 12/30/1991)

Dec. 20, 1991
40

Reply by Larry Carter, Harold E. McSwain, Lee Wayne Hunt to response to [37−1] motion for clarification, [37−2] motion for possible re−appointment of counsel (entitled "Response to counsels response motion for clarification and possible reappointment") cc to NCPLS &NCAG (gm) (Entered: 12/30/1991)

Dec. 27, 1991

Motion(s) submitted to Judge Boyle: [37−1] motion for clarification submitted, [37−2] motion for possible re−appointment of counsel submitted (gm) (Entered: 01/09/1992)

Jan. 9, 1992
41

Motion by Cecil Piggie Bey for writ of habeas corpus ad testificandum (gm) (Entered: 02/19/1992)

Feb. 4, 1992
42

WRIT of Habeas Corpus Ad Testificandum issued to NCDOC to produce Larry Carter in Raleigh on 2/26/92 at 2:45 pm cc to Peggy Parrish and Supt. Odom Correctional Center (gm) (Entered: 02/19/1992)

Feb. 19, 1992
43

WRIT of Habeas Corpus Ad Testificandum issued to NCDOC to produce Harold E. McSwaim in Raleigh on 2/26/92 at 2:45 pm cc to Peggy Parrish and Supt. Odom Corr. Ctr. (gm) (Entered: 02/19/1992)

Feb. 19, 1992
44

WRIT of Habeas Corpus Ad Testificandum issued to produce Lee Wayne Hunt in Raleigh on 2/26/92 at 2:45 pm cc to Peggy Parrish and Supt. Odom Corr. Ctr. (gm) (Entered: 02/19/1992)

Feb. 19, 1992

Motion(s) submitted to Judge Boyle: [41−1] motion for writ of habeas corpus ad testificandum submitted (gm) (Entered: 02/19/1992)

Feb. 19, 1992
45

WRIT of Habeas Corpus Ad Testificandum issued to NCDOC to produce Cecil Piggie−Bey in Raleigh on 2/26/92 at 2:45 pm cc to Peggy Parrish and Supt. Odom Corr. Ctr (gm) (Entered: 02/20/1992)

Feb. 20, 1992

Terminated motion to issue writ of habeas corpus ad testificandum for Cecil Piggie Bey (gm) (Entered: 03/05/1992)

Feb. 20, 1992

Motion hearing re: [37−1] motion for clarification Motion hearing held, [37−2] motion for possible re−appointment of counsel Motion hearing held before Judge Boyle. Court Reporter: Jo Bush Counsel for plaintiff: Jack Holtzman Plaintiffs present: Larry Carter and Cecil Piggie−Bey Counsel for defendants: Howard Hill Case to be place on calendar in 60 days. Time: 1 hour 15 minutes (gm) (Entered: 02/27/1992)

Feb. 26, 1992

Issued Revised Calendar of Pre−trial conference set at 10:00 am in Raleigh, 6th Floor Courtroom 4/13/92 before Magistrate Judge Wallace W. Dixon (gm) (Entered: 02/28/1992)

Feb. 27, 1992

Bench trial set at 10:00 am in Raleigh on 4/27/92 before Judge Terrence W. Boyle (gm) (Entered: 02/28/1992)

Feb. 27, 1992
46

Order denying [37−2] motion for possible re−appointment of counsel, denying [37−1] motion for clarification and a hearing on the motion for preliminary injunction will be held approximately sixty days from the entry of this order at the court's next available calendar term signed by Judge Boyle. OB Ref: 69, pg. 1 cc to all counsel &pltfs Bey and Carter (gm) (Entered: 03/05/1992)

March 5, 1992

Issued Notice of Hearing: continuing pre−trial and trial until further notice cc to all counsel (gm) (Entered: 03/05/1992)

March 5, 1992

Issued Notice of Hearing: setting miscellaneous hearing before Judge Terrence W. Boyle to 2:00 pm in Raleigh on 4/29/92 for [46−1] order a hearing on the motion for preliminary injunction (gm) (Entered: 03/09/1992)

March 9, 1992
47

Motion by Cecil Piggie−Bey and Kelvin Sellers−El for reconsideration of [46−1] order or in the alternative for leave to take an interlocutory appeal in forma pauperis (gm) Modified on 04/02/1992 (Entered: 04/02/1992)

March 31, 1992

Motion(s) submitted to Judge Boyle: [47−1] motion for reconsideration of [46−1] order submitted, [47−2] motion for leave to take an interlocutory appeal in forma pauperis submitted (gm) (Entered: 04/02/1992)

April 2, 1992
48

Order denying [47−1] motion for reconsideration of [46−1] order, denying [47−2] motion for leave to take an interlocutory appeal in forma pauperis signed by Judge Boyle. OB Ref: 69, pg. 212 cc to all counsel and pltfs Piggie−Bey and Sellers−El

April 15, 1992
50

WRIT of Habeas Corpus Ad Testificandum issued to NCDOC to produce Harold E. McSwain on April 29, 1992 in Raleigh at 1:45 pm cc to Peggy Parrish, NCDOC and Supt. Odom Corr Ctr (gm) (Entered: 04/21/1992)

April 21, 1992
51

WRIT of Habeas Corpus Ad Testificandum issued to NCDOC to produce Lee Wayne Hunt in Raleigh on April 29, 1992 at 1:45 pm cc to Peggy Parrish, NCDOC and Supt. Odom Corr Ctr (gm) (Entered: 04/21/1992)

April 21, 1992

Case submitted to: Judge Boyle [0−0] notice hearing setting miscellaneous hearing before Judge Terrence W. Boyle to 2:00 pm in Raleigh on 4/29/92 for [46−1] order a hearing on the motion for preliminary injunction submitted (gm) (Entered: 04/22/1992)

April 22, 1992

Miscellaneous hearing re: [46−1] hearing on the motion for preliminary injunction held before Judge Boyle. Court Reporter: Donna Tomawski Counsel for plaintiff: Jack Holtzman and Michael Hamden Counsel for defendants: Howard Hill and James Peeler Smith Time: 2 hours and 45 minutes (gm) (Entered: 04/30/1992)

April 29, 1992

Miscellaneous hearing continued re: [46−1] hearing on the motion for preliminary injunction held before Judge Boyle. in Raleigh. Court Reporter: Donna Tomowski Counsel for plaintiff: Jack Holtzman and Michael Hamden Counsel for defendants: Howard Hill and James Peeler Smith motion for priliminary injunction denied Time: 45 minutes (gm) (Entered: 04/30/1992)

April 30, 1992
52

Motion by Larry Carter, Lee Wayne Hunt, Harold E. McSwain for reconsideration of the order of April 30, 1992 and for re−appointment of counsel cc to NCPLS &NCAG (gm) (Entered: 05/14/1992)

May 11, 1992
53

Order denying [52−1] motion for reconsideration of the order of April 30, 1992 denying [52−2] motion for re−appointment of counsel signed by Judge Boyle. OB Ref: #70,pg.108 cc to pltf (fdc) (Entered: 05/19/1992)

May 19, 1992
54

Document filed by defendant Joseph R. Davis, defendant Harry L. Allsbrook, plaintiff Lee Wayne Hunt, plaintiff Harold E. McSwain, plaintiff Larry Carter, plaintiff Grady Eugene Coleman titled: Report and Stipualtion Regarding Discovery (bl) (Entered: 12/09/1992)

Dec. 7, 1992
55

Motion by Joseph R. Davis, Harry L. Allsbrook to Take Deposition (fdc) (Entered: 01/04/1993)

Dec. 22, 1992
56

Order granting [55−1] motion to Take Deposition signed by Magistrate Judge Denson. OB Ref: #73,pg.215 cc to pltf &NCAG (fdc) (Entered: 01/04/1993)

Jan. 4, 1993

Notice of Settlement Conference issued: set before J. Boyle for Mon., Feb. 22, 1993 at 10 am, Ral, NC C.R.#1; cys: J. Boyle, Susan Pollitt−NCPLS, Cindy Adcock−Steffey−NCPLS, James Peeler Smith−NCAG, CtRptr., J. Todd and C.R. Dpty. (bl) (Entered: 01/27/1993)

Jan. 26, 1993
59

Response by Lee Wayne Hunt, Harold E. McSwain, Larry Carter to [57−1] motion for permission to dismiss class action − lc Judge Boyle. (fdc) (Entered: 02/17/1993)

Feb. 2, 1993
57

Motion by Lee Wayne Hunt, Harold E. McSwain, Larry Carter, Grady Eugene Coleman for permission to dismiss class action cy to J. Boyle (bl) (Entered: 02/10/1993)

Feb. 9, 1993
58

Motion by Lee Wayne Hunt, Harold E. McSwain, Larry Carter, Grady Eugene Coleman for judicial Tour &incorporated memorandum cy to J. Boyle (bl) (Entered: 02/10/1993)

Feb. 9, 1993

Case submitted to: J. Boyle (bl) (Entered: 02/10/1993)

Feb. 10, 1993
61

Order granting [59−1] motion for Consent Order Substituting Attys. signed by Daniel, Clerk. OB Ref: 74, p. 87; cy to NCPLS &NCAG (bl) Modified on 02/17/1993 (Entered: 02/11/1993)

Feb. 11, 1993
62

Response by Joseph R. Davis, Harry L. Allsbrook to [58−1] motion for judicial Tour &incorporated memorandum, [57−1] motion for permission to dismiss class action; cy to J. Boyle (bl) Modified on 02/17/1993 (Entered: 02/17/1993)

Feb. 16, 1993
62

Response by Larry Carter to [57−1] motion for permission to dismiss class action − lc Judge Boyle (fdc) (Entered: 02/17/1993)

Feb. 17, 1993

Letter From: Larry Carter Re: Additional Information about sittuaton concerning case. (fdc) (Entered: 03/03/1993)

Feb. 22, 1993
60

Order, parties are directed to submit proposed arrangements for the tour, including the scope of the court's inspection, once these recommendatoins are received, the court will set the time and circumstances under which the visit will occur signed by Judge Boyle. OB Ref: #74,pg.147 cc to pltf &counsel. (fdc) (Entered: 02/24/1993)

Feb. 24, 1993

Settlement Conference held; CtRptr. Donna Tomawski; counsel present: Jane Garvey &Jim Smith, NCAG − Marvin Sparrow &Cindy Adcock−Steffey, NCPLS; court allows pltf. to w/draw their motion to dismiss class action; court orders this case be set for pretrial and trial; (bl) (Entered: 02/25/1993)

Feb. 24, 1993
64

Motion by Lee Wayne Hunt, Harold E. McSwain, Larry Carter, Grady Eugene Coleman for Judicial Tour and Incorporated Memorandum w/ prop. order (bl) (Entered: 03/09/1993)

March 8, 1993

Motion(s) submitted to J. Boyle: [64−1] motion for Judicial Tour and Incorporated Memorandum submitted (bl) (Entered: 03/09/1993)

March 9, 1993
65

Response by Joseph R. Davis, Harry L. Allsbrook to [64−1] motion for Judicial Tour and Incorporated Memorandum; cy to J. Boyle (bl) (Entered: 03/19/1993)

March 17, 1993
66

Order granting [64−1] motion for Judicial Tour and Incorporated Memorandum, granting [58−1] motion for judicial Tour &incorporated memorandum signed by Judge Boyle. OB Ref: #74, p. 332; served (bb) (Entered: 03/19/1993)

March 19, 1993
67

Order − a hrg. is set to evaluate the sufficiency of the settlement for 3 p.m. on 4/28/93 at Ral, NC, 7th Fl., CtRm. #1 before J. Boyle; signed by J. Boyle. OB Ref: 75, p. 102; cys: Jim Smith/Jane Garvey−NCAG, Marvin Sparrow/Susan Pollitt/ Cindy Adcock−Steffey, NCPLS (bl) (Entered: 04/05/1993)

April 2, 1993

Issued Notice for Hrg. for court to evaluate the sufficiency of the settlement for 3 pm on 4/28/93 at Ral, NC before J. Boyle, 7th Fl, CtRm. #1, cys: Jim Smith, Jane Garvey, Marvin Sparrow, Susan Pollitt, Cindy Adcock−Steffey, J. Todd, CTRptr. (bl) (Entered: 04/05/1993)

April 5, 1993

Hearing re: settlement before J. Boyle, CtRm. #1, RL, NC; CNSL PRESENT: Marvin Sparrow and Cindy Adcock−Steffey for pltf, Jane Garvey and Jim Smith for dfts. Remarks by Mr. Sparrow; he submits a written agreement to the court w/ prop. order. Order signed by the court and all cnsl. Mr. Sparrow advises the court that he wants the Secretary for DOC to also sign. Court agrees. (time approx 10 min.) (bl) (Entered: 04/29/1993)

April 28, 1993
68

Document filed by defendant Joseph R. Davis, defendant Harry L. Allsbrook, plaintiff Lee Wayne Hunt, plaintiff Harold E. McSwain, plaintiff Larry Carter, plaintiff Grady Eugene Coleman titled: SETTLEMENT AGREEMENT − signed by all cnsl and Sec. of Correction; cy to all cnsl (bl) (Entered: 05/05/1993)

April 29, 1993
69

Order − court orders that notice of this proposed settlement be given to the pltf. class as follows: That the attached "Notice of Proposed Settlement" be postedd in each dorm encompassed by this action beginning 5/3/93 thru 5/30/93. Court directs the clerk to compile any obj's. filed by members of the class, to make then available to the court by 6/14/93. The ct. will conduct a tour of the Orig. Complex Bldg. at Odom on 6/29/93 at 11 am. Pltf &Dft. may each have 2 lawyers attend the court tour. Court orders that cnsl. for all parties appear before the court on 7/27/93 for a hrg. re: approval of the proposed settlement; signed by J. Boyle. OB Ref: 76, p. 23; cy to all cnsl &J. Todd (bl) (Entered: 05/05/1993)

April 29, 1993

State / Territory: North Carolina

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Sept. 6, 1989