Case: Harrelson v. Elmore County

2:94-cv-00520 | U.S. District Court for the Middle District of Alabama

Filed Date: May 3, 1994

Closed Date: Nov. 9, 1995

Clearinghouse coding complete

Case Summary

A paraplegic inmate filed a lawsuit on May 3, 1994 in the U.S. District Court for the Middle District of Alabama, under 42 U.S.C. § 1983 alleging violations of the Americans with Disabilities Act (ADA), the First, Fourth, Eighth, Ninth and Fourteenth Amendments, various state laws, and a consent decree (in some unnamed case, entered 11/10/1992). The plaintiff alleged that he was denied use of his wheelchair, was not provided with toilet or shower facilities designed for disabled persons, was no…

A paraplegic inmate filed a lawsuit on May 3, 1994 in the U.S. District Court for the Middle District of Alabama, under 42 U.S.C. § 1983 alleging violations of the Americans with Disabilities Act (ADA), the First, Fourth, Eighth, Ninth and Fourteenth Amendments, various state laws, and a consent decree (in some unnamed case, entered 11/10/1992). The plaintiff alleged that he was denied use of his wheelchair, was not provided with toilet or shower facilities designed for disabled persons, was not provided with cold water in his cell, and was forced to sleep in a cell that was too small, resulting in an injury to his foot and leg.

The plaintiff sought compensatory and punitive damages. The District Court (Judge William Harold Albritton III) dismissed the plaintiff's request for punitive damages, holding that cities and counties are immune from punitive damages under § 1983 and punitive damages are not available under the ADA. Additionally, the District Court held that violation of the consent decree could not be a basis for the suit. Harrelson v. Elmore County, 859 F.Supp. 1465 (M.D.Ala. 1994).

On August 23, 1995, the District Court granted summary judgment for the defendants for all claims brought pursuant to § 1983 and eliminating some of the plaintiff's ADA claims. Additionally, the District Court granted the defendant's motion for summary judgment for all claims based on state law. On November 8, 1995, a jury found against the plaintiff and for Elmore County. The case was closed on November 9, 1995, and motions to vacate judgment and for a new trial were subsequently denied. The docket entries on an administrative matter continued through November 2001.

This case is in the Clearinghouse only because it refers to the earlier consent decree.

Summary Authors

David Terry (3/27/2006)

People


Judge(s)

Albritton, William Harold III (Alabama)

Attorneys(s) for Plaintiff

Farnell, Daniel Reese Jr. (Alabama)

Taliaferro, Dan W. (Alabama)

Attorneys(s) for Defendant

Davidson, Kelly G. (Alabama)

Holtsford, Alex L. Jr. (Alabama)

Pilcher, Mary Egleston (Alabama)

Webb, Kendrick E. (Alabama)

Judge(s)

Albritton, William Harold III (Alabama)

Attorneys(s) for Plaintiff

Farnell, Daniel Reese Jr. (Alabama)

Taliaferro, Dan W. (Alabama)

Attorneys(s) for Defendant

Davidson, Kelly G. (Alabama)

Holtsford, Alex L. Jr. (Alabama)

Pilcher, Mary Egleston (Alabama)

Webb, Kendrick E. (Alabama)

Documents in the Clearinghouse

Document

Docket (PACER)

Nov. 7, 2001 Docket
15

Memorandum Opinion and Order

859 F.Supp. 1465

Aug. 3, 1994 Order/Opinion

Resources

Title Description External URL

Docket

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

ECF Number Description Date Link
1

COMPLAINT Filing Fee $ 120 Receipt # 51297 (war) (Entered: 05/04/1994)

May 3, 1994
1

DEMAND for jury trial by J. Scottie Harrelson (war) (Entered: 05/04/1994)

May 3, 1994

CASE REFERRED to Mag Judge Vanzetta P. McPherson (war) (Entered: 05/04/1994)

May 3, 1994
2

SUMMONS issued for Elmore County, City of Millbrook,AL; summons and complaint mailed to said defendants cmrrr. (war) (Entered: 05/04/1994)

May 4, 1994

File referred to Judge Albritton. (war) (Entered: 05/04/1994)

May 4, 1994
3

RETURN RECEIPT CARD showing service of summons and complaint on (Illegible) on 5/5/94 for City of Millbrook,AL . Answer due on 5/25/94 for City of Millbrook,AL (war) (Entered: 05/09/1994)

May 9, 1994
4

RETURN RECEIPT CARD showing service of summons and complaint on (Illegible) on 5/6/94 for Elmore County . Answer due on 5/26/94 for Elmore County (war) (Entered: 05/09/1994)

May 9, 1994
5

ANSWER to Complaint by City of Millbrook,AL (Attorney Alex L. Holtsford Jr.), referred to Judge W. H. Albritton III (war) (Entered: 05/20/1994)

May 19, 1994
6

MOTION by City of Millbrook,AL to Dismiss claim for punitive damages referred to Judge W. H. Albritton III (war) (Entered: 05/20/1994)

May 19, 1994
8

Letter MOTION by J. Scottie Harrelson to Extend Time to respond to a motion for dismissal of a claim for punitive damages filed by the City of Millbrook referred to Judge W. H. Albritton III (war) (Entered: 06/03/1994)

June 3, 1994

Stamped ORDER granting [8-1] motion to Extend Time to respond to a motion for dismissal of a claim for punitive damages filed by the City of Millbrook, Response to Motion reset to 6/9/94 for [6-1] motion to Dismiss claim for punitive damages ( by Judge W. H. Albritton III ) , copies mailed to counsel. (war) (Entered: 06/03/1994)

June 3, 1994
9

MOTION for Dan W. Taliaferro to Withdraw as Attorney referred to Judge W. H. Albritton III (war) (Entered: 06/06/1994)

June 3, 1994
10

ANSWER to Complaint by Elmore County (Attorney Kendrick E. Webb, Mary E. Pilcher), referred to Judge W. H. Albritton III (war) (Entered: 06/07/1994)

June 6, 1994
11

MOTION by Elmore County to Dismiss Count V of the Complaint and plaintiff's demand for punitive damages referred to Judge W. H. Albritton III (war) (Entered: 06/07/1994)

June 6, 1994

AO FORM 85 mailed to counsel for defendant. (war) (Entered: 06/07/1994)

June 7, 1994

Stamped ORDER granting [9-1] motion for Dan W. Taliaferro to Withdraw as Attorney (Terminated attorney Dan W. Taliaferro for J. Scottie Harrelson ( by Judge W. H. Albritton III ) , copies mailed to counsel. (war) (Entered: 06/07/1994)

June 7, 1994
12

ORDER TO SHOW CAUSE why the defendant Elmore County's motion to dismiss should not be granted : Response to Order to Show Cause due on 6/22/94 for J. Scottie Harrelson [11-1] motion to Dismiss Count V of the Complaint and plaintiff's demand for punitive damages by Elmore County set for submission on 6/22/94 ( signed by Judge W. H. Albritton III ) , copies mailed to counsel. (war) (Entered: 06/08/1994)

June 8, 1994
13

RESPONSE by J. Scottie Harrelson to [11-1] motion to Dismiss Count V of the Complaint and plaintiff's demand for punitive damages by Elmore County referred to Judge W. H. Albritton III (war) (Entered: 06/09/1994)

June 9, 1994
14

Response by J. Scottie Harrelson to [12-1] Order to Show Cause referred to Judge W. H. Albritton III (war) (Entered: 06/23/1994)

June 22, 1994
15

MEMORANDUM OPINION AND ORDER granting [11-1] motion to Dismiss Count V of the Complaint and plaintiff's demand for punitive damages; granting [6-1] motion to Dismiss claim for punitive damages; striking Harrelson's claim for punitive damages against the County and City; dismissing Count V of the complaint, ( signed by Judge W. H. Albritton III ), copies mailed to counsel. (dkt clerk) (Entered: 08/03/1994)

Aug. 3, 1994
16

ORDER, set Rule l6 Scheduling Conference for 8:30 11/1/94 before Judge W. H. Albritton III ( signed by Judge W. H. Albritton III ) , copies mailed to counsel; furnished to Ern, Marie. (war) (Entered: 10/18/1994)

Oct. 18, 1994
17

SCHEDULING ORDER setting Pretrial Conference for 6/27/95 before Judge W. H. Albritton III Motion Filing deadline on 1/15/95 ; Discovery cutoff 6/13/95 ; jury trial set for 7/31/95 before Judge W. H. Albritton III ; set amended pleading deadline for 1/15/95 Jury selection set for 7/31/95 ( signed by Judge W. H. Albritton III ) , copies mailed to counsel; furnished to Ern, Marie. (war) (Entered: 11/01/1994)

Nov. 1, 1994
18

MOTION by Elmore County to Amend [10-1] answer by Elmore County referred to Judge Myron H. Thompson (war) (Entered: 11/02/1994)

Nov. 1, 1994

Stamped ORDER granting [18-1] motion to Amend [10-1] answer by Elmore County ( by Judge W. H. Albritton III ) , copies mailed. (war) (Entered: 11/03/1994)

Nov. 3, 1994
19

AMENDED ANSWER to Complaint by Elmore County : amends [10-1] answer by Elmore County, referred to Judge Albritton. (war) (Entered: 11/03/1994)

Nov. 3, 1994
20

MOTION by Elmore County to Amend [10-1] answer by Elmore County (2nd Amended Answer attached) referred to Judge W. H. Albritton III (war) (Entered: 11/14/1994)

Nov. 10, 1994

Stamped ORDER granting [20-1] motion to Amend [10-1] answer by Elmore County ( by Judge W. H. Albritton III ) , copies mailed to counsel. (war) (Entered: 11/15/1994)

Nov. 15, 1994
21

AMENDED ANSWER to Complaint by Elmore County : amends [5-1] answer by City of Millbrook,AL, referred to Judge Albritton. (war) (Entered: 11/15/1994)

Nov. 15, 1994
22

MOTION by William Franklin to Quash Subpoena (Exhibit A attached) referred to Mag Judge Vanzetta P. McPherson (war) (Entered: 12/29/1994)

Dec. 29, 1994
23

ORDER granting in part, denying in part [22-1] motion to Quash Subpoena; directing that the subpoena duces tecum, filed by the plaintiff for the purpose of deposing the Sheriff's Department and securing documents is hereby quashed; declining the court to award attorney fees to Sheriff Franklin ( signed by Mag Judge Vanzetta P. McPherson ) , copies mailed to counsel. (war) (Entered: 12/30/1994)

Dec. 30, 1994
24

MOTION by J. Scottie Harrelson, City of Millbrook,AL to Dismiss defendant City of Millbrook referred to Judge W. H. Albritton III (war) (Entered: 01/09/1995)

Jan. 6, 1995
26

MOTION by J. Scottie Harrelson to Extend Time For Filing Dispositive Motions, Amendments to Pleadings and Addition of Parties ; referred to Judge W. H. Albritton III (dmk) (Entered: 01/17/1995)

Jan. 17, 1995
27

ORDER granting [26-1] motion to Extend Time For Filing Dispositive Motions, Amendments to Pleadings and Addition of Parties, resetting Scheduling Order Deadlines: Motion Filing to 1/31/95 ; joining of parties, amended pleadings on 1/31/95 ( signed by Judge W. H. Albritton III ) , copies mailed to counsel. (dmk) (Entered: 01/17/1995)

Jan. 17, 1995
28

MOTION by J. Scottie Harrelson to Extend Time for amending complaint referred to Judge W. H. Albritton III (war) (Entered: 02/01/1995)

Jan. 31, 1995
29

MOTION by J. Scottie Harrelson to Amend [1-1] complaint referred to Judge W. H. Albritton III (war) (Entered: 02/01/1995)

Jan. 31, 1995
30

MOTION by Elmore County for Summary Judgment referred to Judge W. H. Albritton III (war) (Entered: 02/01/1995)

Jan. 31, 1995
31

MEMORANDUM BRIEF by Elmore County in support of [30-1] motion for Summary Judgment (Exhibits A-D attached) referred to Judge W. H. Albritton III (war) (Entered: 02/01/1995)

Jan. 31, 1995
32

ORDER granting [29-1] motion to Amend [1-1] complaint, denying [28- 1] motion to Extend Time for amending complaint ( signed by Judge W. H. Albritton III ) , copies mailed. (war) (Entered: 02/03/1995)

Feb. 3, 1995
33

ORDER [30-1] motion for Summary Judgment by Elmore County set for submission on 3/1/95, set Brief deadline to 2/22/95 , set reply brief deadline for 3/1/95 for Elmore County ( signed by Judge W. H. Albritton III ) , copies mailed. (war) (Entered: 02/03/1995)

Feb. 3, 1995
34

AMENDMENT TO COMPLAINT by J. Scottie Harrelson amending [1- 1] complaint against William Franklin, Gary Bowers, Alfred Wise, David Browder, Sherry Burnett, William Bostic, Anthony Edwards, Jamie Fowler, Tracy Jackson, Connie McGinty, Brenda Law, Dorothy Weldon, Phil Estes, Tony Crenshaw, Sue Roberts, Beverly Elliott (war) (Entered: 02/03/1995)

Feb. 3, 1995
35

MOTION by J. Scottie Harrelson to Amend [34-1] amended complaint by J. Scottie Harrelson referred to Judge W. H. Albritton III (war) (Entered: 02/06/1995)

Feb. 3, 1995

Stamped ORDER granting [35-1] motion to Amend [34-1] amended complaint by J. Scottie Harrelson ( by Judge W. H. Albritton III ) , copies mailed to counsel . (war) (Entered: 02/08/1995)

Feb. 8, 1995
36

AMENDMENT TO COMPLAINT by J. Scottie Harrelson amending [34-1] amended complaint by J. Scottie Harrelson (war) (Entered: 02/08/1995)

Feb. 8, 1995
37

MOTION by J. Scottie Harrelson to exclude evidence in response to the motion for summary jugdment and memorandum brief of Defendant Elmore County referred to Judge W. H. Albritton III (war) (Entered: 02/10/1995)

Feb. 9, 1995
38

ORDER TO SHOW CAUSE why the plaintiff's motion to exclude evidence filed on 2/9/95: Response to Order to Show Cause due on 3/1/95 for Beverly Elliott, for Sue Roberts, for Tony Crenshaw, for Phil Estes, for Dorothy Weldon, for Brenda Law, for Connie McGinty, for Tracy Jackson, for Jamie Fowler, for Anthony Edwards, for William Bostic, for Sherry Burnett, for David Browder, for Alfred Wise, for Gary Bowers, for William Franklin, for Elmore County [37-1] motion to exclude evidence in response to the motion for summary jugdment and memorandum brief of Defendant Elmore County by J. Scottie Harrelson set for submission on 3/1/95 ( signed by Judge W. H. Albritton III ) , copies mailed to counsel. (war) (Entered: 02/15/1995)

Feb. 15, 1995
39

BRIEF in RESPONSE by J. Scottie Harrelson to [30-1] motion for Summary Judgment by Elmore County (Affidavit of Scottie Harrelson and Daniel R. Farnell, Jr. attached, Depositions maintained in seperate binder) referred to Judge W. H. Albritton III (war) (Entered: 02/23/1995)

Feb. 22, 1995
40

MOTION by J. Scottie Harrelson to supplement exhibits in response to motion for summary judgment referred to Judge W. H. Albritton III (war) (Entered: 02/24/1995)

Feb. 23, 1995
41

MOTION by Elmore County to Extend Time 2 days to file a reply to the plaintiff's brief in response to defendant Elmore County's Motion for Summary Judgment referred to Judge W. H. Albritton III (war) (Entered: 03/01/1995)

March 1, 1995
42

ORDER granting [41-1] motion to Extend Time 2 days to file a reply to the plaintiff's brief in response to defendant Elmore County's Motion for Summary Judgment; giving the defendant to 3/3/95 to file a response; [30-1] motion for Summary Judgment by Elmore County reset for submission on 3/13/95; giving the plaintiff until that time to respond tp any new material which might be submitted by defendant in its reply; overruling the plaintiff's attorney's objection to the conference being held without a court reporter; overruling the plaintiffs' objection to the court considering a motion made pursuant to Rule 56 which authorizes summary judgment proceedings on the ground that the rule denies a party the right to trial by jury ( signed by Judge W. H. Albritton III ) , copies mailed to counsel. (war) (Entered: 03/02/1995)

March 1, 1995

Tele-conference held before Judge W. H. Albritton III on 3/1/95 (war) (Entered: 03/02/1995)

March 1, 1995
44

REPLY by Elmore County to response to [30-1] motion for Summary Judgment by Elmore County referred to Judge W. H. Albritton III (war) (Entered: 03/07/1995)

March 3, 1995
45

SUPPLEMENTAL RESPONSE by J. Scottie Harrelson to [30-1] motion for Summary Judgment by Elmore County referred to Judge W. H. Albritton III (war) (Entered: 03/14/1995)

March 13, 1995
45

MOTION by J. Scottie Harrelson for Reconsideration of [27-1] order resetting Scheduling Order Deadlines: Motion Filing to 1/31/95 ; joining of parties, amended pleadings on 1/31/95 referred to Judge W. H. Albritton III (war) (Entered: 03/14/1995)

March 13, 1995
46

"Amended Supplemental" RESPONSE by J. Scottie Harrelson to [30-1] motion for Summary Judgment by Elmore County referred to Judge W. H. Albritton III (dkt clerk) (Entered: 03/15/1995)

March 14, 1995

Stamped ORDER granting [40-1] motion to supplement exhibits in response to motion for summary judgment ( by Judge W. H. Albritton III ) , copies mailed. (war) (Entered: 03/16/1995)

March 16, 1995
47

SUMMONS issued for Fictitious Defendant(s), William Franklin, Gary Bowers, Alfred Wise, David Browder, Sherry Burnett, William Bostic, Anthony Edwards, Jamie Fowler, Tracy Jackson, Connie McGinty, Brenda Law, Dorothy Weldon, Phil Estes, Tony Crenshaw, Sue Roberts, Beverly Elliott; summons, complaint, amendment to complaint, 2nd amendment to complaint returned to counsel for service. (war) (Entered: 04/27/1995)

April 26, 1995
48

SUMMONS Returned Executed as to William Franklin, Gary Bowers, Alfred Wise, David Browder, Sherry Burnett, William Bostic, Anthony Edwards, Jamie Fowler, Tracy Jackson, Connie McGinty, Brenda Law, Dorothy Weldon, Phil Estes, Tony Crenshaw, Sue Roberts, Beverly Elliott 4/27/95 Answer due on 5/17/95 for Beverly Elliott, for Sue Roberts, for Tony Crenshaw, for Phil Estes, for Dorothy Weldon, for Brenda Law, for Connie McGinty, for Tracy Jackson, for Jamie Fowler, for Anthony Edwards, for William Bostic, for Sherry Burnett, for David Browder, for Alfred Wise, for Gary Bowers, for William Franklin (war) (Entered: 04/28/1995)

April 28, 1995
49

ALIAS SUMMONS issued for William Franklin, Alfred Wise, Sherry Burnett, Anthony Edwards, Jamie Fowler, Tracy Jackson, Connie McGinty, Phil Estes, Sue Roberts, Beverly Elliott; alias summons, complaint, amendment to complaint and 2nd amendment to complaint returned to counsel for service. (war) (Entered: 05/04/1995)

May 3, 1995
50

SUMMONS Returned Executed as to William Franklin, Anthony Edwards, Jamie Fowler, Tracy Jackson 5/3/95 Answer due on 5/23/95 for Tracy Jackson, for Jamie Fowler, for Anthony Edwards, for William Franklin (war) (Entered: 05/08/1995)

May 5, 1995
51

SUMMONS Returned Executed as to Alfred Wise, Sherry Burnett, Connie McGinty, Phil Estes, Sue Roberts, Beverly Elliott 5/4/95 Answer due on 5/24/95 for Beverly Elliott, for Sue Roberts, for Phil Estes, for Connie McGinty, for Sherry Burnett, for Alfred Wise (war) (Entered: 05/08/1995)

May 5, 1995
52

MOTION by William Franklin, Gary Bowers, Alfred Wise, David Browder, Sherry Burnett, William Bostic, Anthony Edwards, Jamie Fowler, Tracy Jackson, Connie McGinty, Brenda Law, Dorothy Weldon, Phil Estes, Tony Crenshaw, Sue Roberts, Beverly Elliott to Dismiss referred to Judge W. H. Albritton III (dkt clerk) (Entered: 05/12/1995)

May 10, 1995
53

MEMORANDUM by William Franklin, Gary Bowers, Alfred Wise, David Browder, Sherry Burnett, William Bostic, Anthony Edwards, Jamie Fowler, Tracy Jackson, Connie McGinty, Brenda Law, Dorothy Weldon, Phil Estes, Tony Crenshaw, Sue Roberts, Beverly Elliott in support of [52-1] motion to Dismiss by defendantsssssssssssssss, movant referred to Judge W. H. Albritton III (dkt clerk) (Entered: 05/12/1995)

May 10, 1995
54

ORDER TO SHOW CAUSE why motion to dismiss should not be granted: Response to Order to Show Cause due on 5/29/95 for J. Scottie Harrelson, set reply brief deadline for 6/5/95 for Beverly Elliott, for Sue Roberts, for Tony Crenshaw, for Phil Estes, for Dorothy Weldon, for Brenda Law, for Connie McGinty, for Tracy Jackson, for Jamie Fowler, for Anthony Edwards, for William Bostic, for Sherry Burnett, for David Browder, for Alfred Wise, for Gary Bowers, for William Franklin, for Elmore County [52-1] motion to Dismiss by defendants, set for submission on 6/5/95 ( signed by Judge W. H. Albritton III ) , copies mailed. (war) (Entered: 05/15/1995)

May 15, 1995
55

MOTION by J. Scottie Harrelson for recusal (Affidavits attached) referred to Judge W. H. Albritton III (war) (Entered: 05/19/1995)

May 18, 1995
56

ORDER, set Scheduling Order Deadlines: Pretrial Conference for 10:30 6/27/95 before Judge W. H. Albritton III ; Proposed Pretrial Order due 6/23/95 ; Jury Trial set for 7/31/95 before Judge W. H. Albritton III ; ( signed by Judge W. H. Albritton III ) , copies mailed to counsel; furnished to Ern, Marie, Brenda. (war) (Entered: 05/23/1995)

May 23, 1995
57

MOTION by J. Scottie Harrelson to Stay case referred to Judge W. H. Albritton III (war) (Entered: 05/26/1995)

May 26, 1995
58

RESPONSE by J. Scottie Harrelson to [52-1] motion to Dismiss by defendants referred to Judge W. H. Albritton III (ydw) (Entered: 05/31/1995)

May 30, 1995
59

RESPONSE TO MOTION FOR RECUSAL (Order) referring the motion for recusal to Chief Judge Myron Thompson for his consideration, ( signed by Judge W. H. Albritton III ) , copies mailed to counsel; furnished to Judge Thompson. (dkt clerk) Modified on 05/31/1995 (Entered: 05/31/1995)

May 31, 1995
60

ORDER staying the court's order for the plaintiff to respond to defendants' motion to dismiss pending further order of the court, ( signed by Judge W. H. Albritton III ) , copies mailed to counsel. (dkt clerk) (Entered: 05/31/1995)

May 31, 1995
61

ORDER denying [55-1] motion for recusal ( signed by Judge Myron H. Thompson ) , copies mailed to counsel. (war) (Entered: 06/01/1995)

June 1, 1995
62

ORDER [52-1] motion to Dismiss by defendants, set for submission on 6/5/95 ( signed by Judge W. H. Albritton III ) , copies mailed. (war) (Entered: 06/01/1995)

June 1, 1995
63

MOTION by J. Scottie Harrelson for Protective Order concerning defendants' first interrogatories and request for production of documents, and first request for admissions (Exhibits A-B attached) referred to Mag Judge Vanzetta P. McPherson (war) (Entered: 06/02/1995)

June 1, 1995
64

REPLY by J. Scottie Harrelson, William Franklin, Gary Bowers, Alfred Wise, David Browder, Sherry Burnett, William Bostic, Anthony Edwards, Jamie Fowler, Tracy Jackson, Connie McGinty, Brenda Law, Dorothy Weldon, Phil Estes, Tony Crenshaw, Sue Roberts, Beverly Elliott to Plaintiff's response to [52-1] motion to Dismiss by defendants (Exhibit A attached); referred to Judge W. H. Albritton III (dmk) (Entered: 06/06/1995)

June 5, 1995
65

MOTION by J. Scottie Harrelson for Reconsideration of [62-1] order denying motion for recusal ; referred to Judge Myron H. Thompson (dmk) (Entered: 06/06/1995)

June 5, 1995
65

MEMORANDUM by J. Scottie Harrelson in support of [65-1] motion for Reconsideration of [62-1] order denying motion for recusal by J. Scottie Harrelson referred to Judge Myron H. Thompson (dmk) (Entered: 06/06/1995)

June 5, 1995
66

ORDER denying [65-1] motion for Reconsideration of [62-1] order denying motion for recusal ( signed by Judge Myron H. Thompson ) , copies mailed. (war) (Entered: 06/08/1995)

June 8, 1995
67

ORDER denying [63-1] motion for Protective Order concerning defendants' first interrogatories and request for production of documents, and first request for admissions; ordered by 6/23/95, the plaintiff shall serve upon counsel for the defendants his responses to defendants' First Set of Interrogatories and Request for Production of Documents, and defendants' First Request for Admissions. ( signed by Mag Judge Vanzetta P. McPherson ) , copies mailed to counsel. (ydw) (Entered: 06/09/1995)

June 9, 1995
68

RESPONSE by Elmore County in opposition to [63-1] motion for Protective Order concerning defendants' first interrogatories and request for production of documents, and first request for admissions by J. Scottie Harrelson referred to Mag Judge Vanzetta P. McPherson (war) (Entered: 06/12/1995)

June 9, 1995
69

MOTION by Elmore County to continue pre-trial hearing, the listing of witnesses and exhibits and trial (Exhibit A attached) referred to Judge W. H. Albritton III (war) (Entered: 06/16/1995)

June 15, 1995
70

ORDER granting [69-1] motion to continue pre-trial hearing, the listing of witnesses and exhibits and trial to the extent of, resetting Scheduling Order Deadlines: Pretrial Conference for 4:30 6/27/95 before Judge W. H. Albritton III ; ; that the motion to the extent that it asks the court to continue the time for listing of witnesses and exhibits and the trial, will be heard at the pretrial hearing ( signed by Judge W. H. Albritton III ) , copies mailed to counsel; furnished to Ern, Marie. (war) (Entered: 06/22/1995)

June 22, 1995
71

MEMORANDUM OPINION AND ORDER granting in part, denying in part [52-1] motion to Dismiss; granting defendant Sheriff Franklin's motion to dismiss the claims brought against him in his official capacity pursuant to l983; denying the Jailer Defendants' motion to dismiss the official capacity claims; granting the defendant's motion to dismiss the l983 claims against them in their individual capacities, with leave, however, to file an amended complaint sufficient to meet the heightened pleading requirement for actions under l983 by 6/30/95 ( signed by Judge W. H. Albritton III ), copies mailed (war) (Entered: 06/23/1995)

June 23, 1995
72

MEMORANDUM OPINION AND ORDER granting in part, denying in part [30-1] motion for Summary Judgment; granting the defendants' motion for summary judgment on all claims brought pursuant to l983; granting defendants' motion for summary judgment on claims brought under the ADA based on a requirement to alter the structural nature of the County Jail ; denying defendant's motion for summary judgment on the ADA claims for reasonable accommodation regarding the jail's shower facilities, the deprivation of plaintiff's wheelchair, and the adequacy of the jail's bed; granting defendant's motion for summary judgment on all claims based on state law; denying [45-1] motion for Reconsideration of [27-1] order resetting Scheduling Order Deadlines: Motion Filing to 1/31/95 ; joining of parties, amended pleadings on 1/31/95; granting [37- 1] motion to exclude evidence in response to the motion for summary jugdment and memorandum brief of Defendant Elmore County ( signed by Judge W. H. Albritton III ), copies mailed (war) Modified on 06/26/1995 (Entered: 06/23/1995)

June 23, 1995

Parties' proposed pretrial order referred to Judge Albritton. (dmk) (Entered: 06/26/1995)

June 26, 1995

Pre-Trial Conference held before Judge W. H. Albritton III on 6/27/95 (dmk) (Entered: 06/28/1995)

June 27, 1995
73

ORDER granting motion for continuance; resetting trial date to 11/6/95 and pretrial hearing for 9/28/95; that all deadlines in scheduling order be governed by these new dates except as changed by this order; plaintiff to amend complaint by 7/12/95; defendants to answer amended complaint by 7/25/95; setting dispositive motion filing deadline to 7/26/95 ( signed by Judge W. H. Albritton III ) , copies mailed to counsel; furnished to MT, EL. (dmk) (Entered: 06/28/1995)

June 28, 1995
73

ORDER resetting Pretrial Conference for 7/28/95 before Judge W. H. Albritton III Motion Filing deadline on 7/26/95 ; Discovery cutoff 7/14/95 ; jury trial set for 11/6/95 before Judge W. H. Albritton III ; set amended pleading deadline for 7/12/95 Jury selection set for 11/6/95 ( signed by Judge W. H. Albritton III ) , copies mailed to counsel; furnished to MT, EL. (dmk) (Entered: 06/28/1995)

June 28, 1995
74

MOTION by Elmore County for Leave to Substitute Corrected Affidavit of Garry Bowers (Affidavit of Garry Bowers attached); referred to Judge W. H. Albritton III (dmk) (Entered: 06/29/1995)

June 29, 1995
75

ORDER denying [74-1] motion for Leave to Substitute Corrected Affidavit of Garry Bowers ( signed by Judge W. H. Albritton III ) , copies mailed to counsel. (dmk) (Entered: 06/29/1995)

June 29, 1995
76

RESPONSE by J. Scottie Harrelson to [74-1] motion for Leave to Substitute Corrected Affidavit of Garry Bowers by Elmore County referred to Judge W. H. Albritton III (dmk) (Entered: 07/03/1995)

June 30, 1995
77

MOTION by William Franklin, Gary Bowers, Alfred Wise, David Browder, Sherry Burnett, William Bostic, Anthony Edwards, Jamie Fowler, Tracy Jackson, Connie McGinty, Brenda Law, Dorothy Weldon, Phil Estes, Tony Crenshaw, Sue Roberts, Beverly Elliott to Stay Discovery , and/or for Protective Order re: depositions (Exhibit A attached); referred to Mag Judge Vanzetta P. McPherson (dmk) (Entered: 07/10/1995)

July 7, 1995
78

RESPONSE by J. Scottie Harrelson to [77-2] motion for Protective Order re: depositions by defendants; referred to Mag Judge Vanzetta P. McPherson (dmk) Modified on 09/06/1995 (Entered: 07/10/1995)

July 7, 1995
78

MOTION by J. Scottie Harrelson to Compel discovery ; referred to Mag Judge Vanzetta P. McPherson (dmk) (Entered: 07/10/1995)

July 7, 1995
79

ORDER granting [77-1] motion to Stay Discovery, denying [77-2] motion for Protective Order re: depositions ; that defendants produce or make available to plaintiff photographs of jailers of the Elmore County Jail by 7/11/95; that discovery is stayed until 7/12/95 or until plaintiff files amended complaint; directing clerk of court to forward copies of order to counsel via facsimile ( signed by Mag Judge Vanzetta P. McPherson ) , copies mailed and faxed to counsel. (dmk) Modified on 07/24/1995 (Entered: 07/10/1995)

July 10, 1995
80

MOTION by William Franklin, Gary Bowers, Alfred Wise, David Browder, Sherry Burnett, William Bostic, Anthony Edwards, Jamie Fowler, Tracy Jackson, Connie McGinty, Brenda Law, Dorothy Weldon, Phil Estes, Tony Crenshaw, Sue Roberts, Beverly Elliott to Extend Time to provide photographs of jailers ; referred to Mag Judge Vanzetta P. McPherson (dmk) (Entered: 07/10/1995)

July 10, 1995

Tele-conference held before Mag Judge Vanzetta P. McPherson on 7/10/95 (dmk) (Entered: 07/10/1995)

July 10, 1995
82

MOTION by Elmore County for Reconsideration of [72-1] order Regarding Elmore County's Motion for Summary Judgment ; ORAL ARGUMENT REQUESTED referred to Judge W. H. Albritton III (dmk) (Entered: 07/11/1995)

July 10, 1995
83

MEMORANDUM BRIEF by Elmore County in support of [82-1] motion for Reconsideration of [72-1] order Regarding Elmore County's Motion for Summary Judgment by Elmore County referred to Judge W. H. Albritton III (dmk) (Entered: 07/11/1995)

July 10, 1995
84

MOTION by William Franklin, Gary Bowers, Alfred Wise, David Browder, Sherry Burnett, William Bostic, Anthony Edwards, Jamie Fowler, Tracy Jackson, Connie McGinty, Brenda Law, Dorothy Weldon, Phil Estes, Tony Crenshaw, Sue Roberts, Beverly Elliott for Reconsideration of [71-1] order Regarding Individual Defendants' Motion to Dismiss (Exhibit A attached) ORAL ARGUMENT REQUESTED; referred to Judge W. H. Albritton III (dmk) (Entered: 07/11/1995)

July 10, 1995
85

MOTION by J. Scottie Harrelson to Extend Time For Filing Amended Complaint ; referred to Judge W. H. Albritton III (dmk) (Entered: 07/11/1995)

July 10, 1995

Stamped ORDER granting [85-1] motion to Extend Time For Filing Amended Complaint ( by Judge W. H. Albritton III ) , copies mailed to counsel. (dmk) (Entered: 07/11/1995)

July 11, 1995

State / Territory: Alabama

Case Type(s):

Jail Conditions

Key Dates

Filing Date: May 3, 1994

Closing Date: Nov. 9, 1995

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Paraplegic inmate alleging violations by the city and county of the Americans with Disabilities Act

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Unknown

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Elmore County (Elmore), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Equal Protection

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

Litigation

Issues

General:

Personal injury

Sanitation / living conditions

Totality of conditions

Discrimination-basis:

Disability (inc. reasonable accommodations)

Type of Facility:

Government-run