Case: Five Percenters v. Moore

2:96-cv-05555 | U.S. District Court for the District of South Carolina

Filed Date: Dec. 31, 1996

Closed Date: April 20, 2000

Clearinghouse coding complete

Case Summary

This case arose out of numerous individual lawsuits filed by inmates who were members of the Fiver Percent Nation of Islam (Five Percenters), who were incarcerated in the South Carolina Department of Corrections from 1995 - 1996. After a series of violent incidents in early 1995, the Five Percenters were classified as a Security Threat Group (STG). As a result of this classification and SCDC's policy for STGs, members of the Five Percenters were transferred to administrative segregation or maxi…

This case arose out of numerous individual lawsuits filed by inmates who were members of the Fiver Percent Nation of Islam (Five Percenters), who were incarcerated in the South Carolina Department of Corrections from 1995 - 1996. After a series of violent incidents in early 1995, the Five Percenters were classified as a Security Threat Group (STG). As a result of this classification and SCDC's policy for STGs, members of the Five Percenters were transferred to administrative segregation or maximum custody confinement.

On October 25, 1996, each of the individual cases was consolidated into the current docket, under the name Long Term Administrative Segregation of Inmates Designated as Five Percenters . An amended complaint was filed in the consolidated docket on December 31, 1996. The plaintiffs, represented by the Southern Center for Human Rights and private counsel, sued the South Carolina Department of Corrections (SCDC) in the U.S. District Court for the District of South Carolina. Suing under 42 U.S.C. § 1983, they alleged violations of the Eighth Amendment, the Equal Protection clause, and the Free Exercise clause. Specifically, they alleged that their higher security classification and segregated custody violated their constitutional rights, as well as the defendants' ban on all literature. The case was assigned to Judge Patrick Michael Duffy.

On February 5, 1997, the plaintiffs filed a motion for preliminary injunction based on the Religious Freedom Restoration Act (RFRA), which they later amended to contain an argument based on the First Amendment. The defendants filed a motion for summary judgment on June 4, 1997.

Magistrate Judge Robert S. Carr issued a recommendation that the injunction be denied on July 1, 1997, as the Supreme Court had found RFRA unconstitutional, in City of Boerne v. {CITE}. The Magistrate Judge also recommended that the defendants' motion for summary judgment be granted except as to the claim concerning the ban on the Five Percenters' literature on July 23, 1997.

On December 3, 1997, Judge Patrick Michael Duffy granted the motion for summary judgment in part as to the plaintiffs' Eighth Amendment, Equal Protection, and First Amendment claim regarding their custody in high-security, segregated units. Applying the test from Turner v. Safley, Judge Duffy found that the reclassification of the plaintiffs to a higher custody level did not unconstitutionally impinge on their right to Free Exercise. Additionally, Judge Duffy found that the defendants' classification and segregation of the Five Percenters was "reasonably related to a legitimate penological interest." However, Judge Duffy denied to grant summary judgment as to the defendants' total ban on possession of literature. In this same order, the plaintiffs' motion for preliminary injunction was granted, allowing them to "access properly censored Five Percenters literature."

The plaintiffs appealed to the Fourth Circuit (No. 98-6032), but then voluntarily dismissed that appeal on February 2, 1998.

In the district court, on June 1, 1998, the plaintiffs filed a motion to get access to religious material, as required by the preliminary injunction. On August 21, 1998, the parties entered into a settlement that led to a consent order, where the preliminary injunction became a permanent injunction. The parties stipulated that the plaintiffs were the "prevailing parties" on this issue of injunctive relief.

The plaintiffs again appealed to the Fourth Circuit (No. 98-7337). Following oral argument, on April 21, 1999, the Fourth Circuit affirmed the district court's decision. 174 F.3d 464. The plaintiffs sought review in the U.S. Supreme Court, which was denied. 120 S.Ct. 179.

On April 20, 2000, the court approved an attorneys' fees settlement requiring the defendants to pay the Southern Center for Human Rights $5,000, and closed the case without further liability for defendants.

Summary Authors

Caitlin Kierum (7/1/2020)

People


Judge(s)

Carr, Robert S. (South Carolina)

Duffy, Patrick Michael (South Carolina)

Wilkinson, James Harvie III (Virginia)

Attorneys(s) for Plaintiff

Bensing, Robert F. (Georgia)

Bright, Stephen B. (Georgia)

Brumme, Andre III (South Carolina)

Forman, Gregory S (South Carolina)

Huffman, Katharine Aiken (Georgia)

Toone, Robert E. Jr. (Georgia)

Attorneys(s) for Defendant

Eckstrom, David Clifford (South Carolina)

Judge(s)

Carr, Robert S. (South Carolina)

Duffy, Patrick Michael (South Carolina)

Wilkinson, James Harvie III (Virginia)

Attorneys(s) for Plaintiff

Bensing, Robert F. (Georgia)

Bright, Stephen B. (Georgia)

Brumme, Andre III (South Carolina)

Forman, Gregory S (South Carolina)

Huffman, Katharine Aiken (Georgia)

Toone, Robert E. Jr. (Georgia)

Attorneys(s) for Defendant

Eckstrom, David Clifford (South Carolina)

Lide, Vinton Devane (South Carolina)

Lindemann, Andrew F. (South Carolina)

Morrison, David Leon (South Carolina)

Documents in the Clearinghouse

Document

2:96-cv-05555

Docket [PACER]

May 2, 2005

May 2, 2005

Docket
50

2:96-cv-05555

Order

Mickle v. Moore

Dec. 3, 1997

Dec. 3, 1997

Order/Opinion

98-07337

Brief of Appellees

Mickle v. Moore

U. S. Court of Appeals for the Fourth Circuit

Dec. 10, 1998

Dec. 10, 1998

Pleading / Motion / Brief

98-07337

Brief of Appellees

Mickle v. Moore

U. S. Court of Appeals for the Fourth Circuit

Dec. 10, 1998

Dec. 10, 1998

Pleading / Motion / Brief

98-07337

Reply Brief of Appellants

Mickle v. Moore

U. S. Court of Appeals for the Fourth Circuit

Dec. 28, 1998

Dec. 28, 1998

Pleading / Motion / Brief

98-07337

Opinion

Mickle v. Moore

U. S. Court of Appeals for the Fourth Circuit

April 21, 1999

April 21, 1999

Order/Opinion

Petition for Writ of Certiorari

Mickle v. Moore

Supreme Court of the United States

July 19, 1999

July 19, 1999

Pleading / Motion / Brief

99-131

Brief in Opposition to Petition for Writ of Ceritorari

Mickle v. Moore

South Carolina state supreme court

Aug. 17, 1999

Aug. 17, 1999

Pleading / Motion / Brief

99-131

Reply to Brief in Opposition to Petition for Writ of Certiorari

Mickle v. Moore

South Carolina state supreme court

Aug. 27, 1999

Aug. 27, 1999

Pleading / Motion / Brief
68

2:96-cv-05555

Order

Mickle v. Moore

April 20, 2000

April 20, 2000

Order/Opinion

Docket

Last updated Sept. 1, 2022, 3:18 a.m.

ECF Number Description Date Link Date / Link
18

ORDER granting [16−1] motion to extend time until 3/25/97 to file their Memorandum in Opposition to the Plaintiffs' Motion for a Preliminary Injunction, Response to motion reset to 3/25/97 for [12−1] motion for preliminary injunction , Specific Document Filing 4/9/97 for Five Percenters to file a Reply Memorandum ( signed by Magistrate Judge Robert S. Carr ) (former empl) (Entered: 02/18/1997)

Feb. 14, 1996

Feb. 14, 1996

1

MANAGEMENT ORDER AND SCHEDULING ORDER, all 5% cases have been consolidated for management and shall bear the case number 2:96−5555−23AJ and shall be known as Long Term Administrative Segregation of Inmates Designated as Five Percenters. All dispositive and non dispositive motions are denied with leave to refile them in the consolidated file. Counsel representing defendants are directed to designate by 11/30/96 a lead counsel through whom all defense activities shall be coordinated. All plaintiffs are directed to submit all pleadings, correspondense and discovery requests and responses through Robert E. Bensing, Esquire who shall coordinate all discovery and motions on behalf of all plaintiffs. No plaintiff may serve or file any pleading, notice or motion without an affidavit that such has been coordinated with Mr. Bensing. Plaintiff's wishing to repudiate representation by Mr. Bensing must do so in writing to the court and Mr. Bensing by 11/30/96. Deadline set for filing of all motions 6/1/97 ; Discovery cutoff 5/1/97; Also this action is stayed from 10/30/96 to 11/18/96 to accommodate plaintiff's counsel. Cases under management are as follows: 2:95−1946, 2:95−2065, 2:95−2099, 2:95−2169, 2:95−2194, 2:95−2195, 2:95−2282, 2:95−2360, 2:95−2361, 2:95−2376, 2:95−2567, 2:95−2625, 2:95−2647, 2:95−2649, 2:95−2899, 2:95−2929, 2:95−2958, 2:95−2977, 2:95−2979, 2:95−3017, 2:95−3115, 2:95−3168, 2:95−3285, 2:95−3310, 2:95−3351, 2:95−3381, 2:95−3489, 2:95−3648, 2:95−3657, 2:95−3773, 2:95−3828, 2:95−3972, 2:95−3973, 2:95−3975, 2:95−3979, 2:95−4008, 2:96−71, 2:96−129, 2:96−184, 2:96−205, 2:96−235, 2:96−270, 2:96−274, 2:96−287, 2:96−381, 2:96−571, 2:96−898, 2:96−1305, 2:96−2419. ( signed by Judge Patrick Michael Duffy ) (former empl) (Entered: 11/08/1996)

Oct. 25, 1996

Oct. 25, 1996

Deadline updated; Specific Document Filing 11/30/96 for SCDC, for Michael Moore as to lead counsel, for Five Percenters as to any plaintiff wishing to repudiate representation by Mr. Bensing in writing to the court and Mr. Bensing (former empl) (Entered: 11/08/1996)

Nov. 8, 1996

Nov. 8, 1996

2

MOTION by plaintiff Five Percenters for leave to file Amended Complaint (former empl) (Entered: 12/10/1996)

Dec. 6, 1996

Dec. 6, 1996

** Added MAG flag indicating Magistrate Judge involvement. (former empl) (Entered: 12/10/1996)

Dec. 6, 1996

Dec. 6, 1996

Motion(s) referred: [2−1] motion for leave to file Amended Complaint referred to Magistrate Judge Robert S. Carr (former empl) (Entered: 12/10/1996)

Dec. 6, 1996

Dec. 6, 1996

** Added MO−CAR flag indicating motion(s) referred to Magistrate Judge Carr. (former empl) (Entered: 12/10/1996)

Dec. 6, 1996

Dec. 6, 1996

3

MEMORANDUM by plaintiff Five Percenters in support of [2−1] motion for leave to file Amended Complaint (former empl) (Entered: 12/10/1996)

Dec. 6, 1996

Dec. 6, 1996

4

ORDER that the pro se plaintiffs' request for their claim not to be consolidated with other five−percenters claims is denied, that the pro se plaintiffs are to advise the court in writing their desire to dismiss the five−percenter claim, that the pro se plaintiffs are not relieved of the obligation to coordinate with Mr. Bensing all documents to be filed, that all pro se plaintiffs are not to file any pleading without an affidavit, that pleadings filed by Mr. Bensing on behalf of other plaintiffs are not to be considered filed on behalf of the pro se plaintiffs, that defendants are to serve pleadings on the pro se plaintiffs as well as on Robert E. Bensing and that pro se plaintiffs are to serve the defendants' counsel copies of all pleadings submitted to the court MLD EOD 1−3/97 ( signed by Magistrate Judge Robert S. Carr ) (gjoh) (Entered: 01/03/1997)

Dec. 30, 1996

Dec. 30, 1996

6

Stipulation by defendant Michael Moore, defendant SCDCto filing of amended complaint (former empl) (Entered: 01/07/1997)

Dec. 31, 1996

Dec. 31, 1996

7

AMENDED COMPLAINT by plaintiff Five Percenters , (Answer due 1/10/97 for SCDC, for Michael Moore ) amending against defendant William Catoe, Kenneth McKellar (former empl) (Entered: 01/07/1997)

Dec. 31, 1996

Dec. 31, 1996

5

LETTER by plaintiff Five Percenters stating that the parties have agreed to stipulate to the filing of the amended complaint (gjoh) Modified on 01/03/1997 (Entered: 01/03/1997)

Jan. 2, 1997

Jan. 2, 1997

Minute entry: mooting [2−1] motion for leave to file Amended Complaint (see letter filed 1−2−97 as to stipulation by parties to amended complaint) (gjoh) (Entered: 01/03/1997)

Jan. 2, 1997

Jan. 2, 1997

** Removed MO−CAR flag. (gjoh) (Entered: 01/03/1997)

Jan. 3, 1997

Jan. 3, 1997

8

RESPONSE by plaintiff Five Percenter Wayne Spears, #185523, Civil Action Number 2:95−2282 in opposition to [4−1] order denying plaintiff's wish for his Five Percenter claim not to be consolidated with all other five percenter claims (former empl) (Entered: 01/10/1997)

Jan. 10, 1997

Jan. 10, 1997

10

ANSWER to Complaint by defendant William Catoe, defendant Kenneth McKellar (Attorney Vinton Devane Lide), (former empl) (Entered: 01/22/1997)

Jan. 16, 1997

Jan. 16, 1997

11

ANSWER to Complaint by defendant Michael Moore, defendant William Catoe, defendant Kenneth McKellar (Attorney David Clifford Eckstrom for defendant Moore in his official and individual capacity and defendants Catoe and McKellar in their official capacity), (former empl) (Entered: 01/22/1997)

Jan. 21, 1997

Jan. 21, 1997

12

MOTION by plaintiffs' Five Percenters for preliminary injunction (former empl) (Entered: 02/06/1997)

Feb. 5, 1997

Feb. 5, 1997

13

MEMORANDUM by plaintiffs' Five Percenters in support of [12−1] motion for preliminary injunction (former empl) (Entered: 02/06/1997)

Feb. 5, 1997

Feb. 5, 1997

14

DOCUMENTS by plaintiff Five Percenters in support of [12−1] motion for preliminary injunction (former empl) (Entered: 02/07/1997)

Feb. 5, 1997

Feb. 5, 1997

15

NOTICE of attorney appearance for plaintiff Five Percenters by Gregory Samuel Forman (former empl) (Entered: 02/13/1997)

Feb. 12, 1997

Feb. 12, 1997

16

MOTION by defendant Michael Moore, defendant William Catoe, defendant Kenneth McKellar to extend time until 3/25/97 to file their Memorandum in Opposition to the Plaintiffs' Motion for a Preliminary Injunction (former empl) (Entered: 02/18/1997)

Feb. 14, 1997

Feb. 14, 1997

17

AFFIDAVIT of David C. Eckstrom, Esquire by defendant Michael Moore, defendant William Catoe, defendant Kenneth McKellar Re: [16−1] motion to extend time until 3/25/97 to file their Memorandum in Opposition to the Plaintiffs' Motion for a Preliminary Injunction (former empl) (Entered: 02/18/1997)

Feb. 14, 1997

Feb. 14, 1997

Motion(s) referred: [16−1] motion to extend time until 3/25/97 to file their Memorandum in Opposition to the Plaintiffs' Motion for a Preliminary Injunction referred to Magistrate Judge Robert S. Carr (former empl) (Entered: 02/18/1997)

Feb. 14, 1997

Feb. 14, 1997

** Added MO−CAR flag indicating motion(s) referred to Magistrate Judge Carr. (former empl) (Entered: 02/18/1997)

Feb. 14, 1997

Feb. 14, 1997

Motion(s) no longer referred: [16−1] motion to extend time until 3/25/97 to file their Memorandum in Opposition to the Plaintiffs' Motion for a Preliminary Injunction no longer referred to Magistrate Judge Robert S. Carr (former empl) (Entered: 02/18/1997)

Feb. 14, 1997

Feb. 14, 1997

Motion(s) referred: [12−1] motion for preliminary injunction referred to Magistrate Judge Robert S. Carr (former empl) (Entered: 02/18/1997)

Feb. 18, 1997

Feb. 18, 1997

19

AMENDED MEMORANDUM by plaintiff Five Percenters in support of [12−1] motion for preliminary injunction (former empl) (Entered: 02/24/1997)

Feb. 24, 1997

Feb. 24, 1997

20

RESPONSE by plaintiff Five Percenters in support of [16−1] motion to extend time until 3/25/97 to file their Memorandum in Opposition to the Plaintiffs' Motion for a Preliminary Injunction, If the enlargement is allowed, the Plaintiff's request that they be allowed until 4/9/97, to file their Reply Memorandum. (former empl) (Entered: 03/07/1997)

March 5, 1997

March 5, 1997

21

CERTIFICATE OF SERVICE by plaintiff Five Percenters of third interrogatories and second notice of depositions upon defendants' counsel (former empl) (Entered: 03/20/1997)

March 19, 1997

March 19, 1997

22

ORDER affirming Order of magistrate judge that case is consolidated with all other five percenter cases ( signed by Judge Patrick Michael Duffy ) (former empl) (Entered: 03/21/1997)

March 21, 1997

March 21, 1997

23

MEMORANDUM by defendant Michael Moore, defendant William Catoe, defendant Kenneth McKellar in opposition to [12−1] motion for preliminary injunction (former empl) (Entered: 03/28/1997)

March 27, 1997

March 27, 1997

24

AFFIDAVIT of defendant Michael Moore Re: [23−1] opposition memorandum (former empl) (Entered: 03/28/1997)

March 27, 1997

March 27, 1997

26

AFFIDAVIT of Carl J. Frederick Re: [23−1] opposition memorandum (former empl) (Entered: 03/28/1997)

March 27, 1997

March 27, 1997

27

AFFIDAVIT of Geraldine Miro Re: [23−1] opposition memorandum (former empl) (Entered: 03/28/1997)

March 27, 1997

March 27, 1997

28

AFFIDAVIT of John Maxey Re: [23−1] opposition memorandum (former empl) (Entered: 03/28/1997)

March 27, 1997

March 27, 1997

29

AFFIDAVIT of Omar Shaheed Re: [23−1] opposition memorandum (former empl) (Entered: 03/28/1997)

March 27, 1997

March 27, 1997

30

AFFIDAVIT of Alan L. Waters Re: [23−1] opposition memorandum (former empl) (Entered: 03/28/1997)

March 27, 1997

March 27, 1997

31

AFFIDAVIT of Kenneth McKellar Re: [23−1] opposition memorandum (former empl) (Entered: 03/28/1997)

March 27, 1997

March 27, 1997

32

AFFIDAVIT of Robert C. Walker Re: [23−1] opposition memorandum (former empl) (Entered: 03/28/1997)

March 27, 1997

March 27, 1997

33

REPLY by plaintiff Five Percenters to memorandum in opposition to [12−1] motion for preliminary injunction (gjoh) (Entered: 04/08/1997)

April 7, 1997

April 7, 1997

34

MOTION by defendant William Catoe, defendant Kenneth McKellar to certify issue regarding constitutionality of the Religious Freedom Restoration Act to the United States Attorney General (former empl) (Entered: 06/03/1997)

June 3, 1997

June 3, 1997

35

MEMORANDUM by defendant William Catoe, defendant Kenneth McKellar in support of [34−1] motion to certify issue regarding constitutionality of the Religious Freedom Restoration Act to the United States Attorney General (former empl) (Entered: 06/03/1997)

June 3, 1997

June 3, 1997

36

MOTION by defendant Michael Moore, defendant William Catoe, defendant Kenneth McKellar for summary judgment (former empl) (Entered: 06/06/1997)

June 4, 1997

June 4, 1997

37

MEMORANDUM by defendant Michael Moore, defendant William Catoe, defendant Kenneth McKellar in support of [36−1] motion for summary judgment (former empl) (Entered: 06/06/1997)

June 4, 1997

June 4, 1997

38

AFFIDAVIT of defendant William Catoe Re: [36−1] motion for summary judgment (former empl) (Entered: 06/06/1997)

June 4, 1997

June 4, 1997

39

AFFIDAVIT of Joette Scarborough Re: [36−1] motion for summary judgment (former empl) (Entered: 06/06/1997)

June 4, 1997

June 4, 1997

40

SUPPLEMENTAL MOTION by defendant William Catoe, defendant Kenneth McKellar for summary judgment (former empl) (Entered: 06/06/1997)

June 4, 1997

June 4, 1997

41

SUPPLEMENTAL MEMORANDUM by defendant William Catoe, defendant Kenneth McKellar in support of supplemental [40−1] motion for summary judgment (former empl) (Entered: 06/06/1997)

June 4, 1997

June 4, 1997

42

ROSEBORO ORDER directing clerk to forward summary judgment explanation to and directing that party to respond in 34 days. Deadline for response to supplemental [40−1] motion for summary judgment set for 7/10/97 for Five Percenters, [36−1] motion for summary judgment set for 7/10/97 for Five Percenters Signed by Magistrate Judge Robert S. Carr (former empl) (Entered: 06/06/1997)

June 6, 1997

June 6, 1997

43

REPORT AND RECOMMENDATION of Magistrate Judge Robert S. Carr that since RFRA (Religious Freedom Restoration Act) has been found to be unconstitutional, it is recommended that plaintiffs' petition for an injunction under RFRA be denied. Case no longer referred to Magistrate Judge Robert S. Carr Objections to R and R due by 7/21/97 (former empl) (Entered: 07/01/1997)

July 1, 1997

July 1, 1997

Motion(s) no longer referred: [40−1] motion for summary judgment, [36−1] motion for summary judgment, [34−1] motion to certify issue regarding constitutionality of the Religious Freedom Restoration Act to the United States Attorney General, [12−1] motion for preliminary injunction no longer referred to Magistrate Judge Robert S. Carr (former empl) (Entered: 07/01/1997)

July 1, 1997

July 1, 1997

** Removed MO−CAR flag. (former empl) (Entered: 07/01/1997)

July 1, 1997

July 1, 1997

** Removed Mag Flag. (former empl) (Entered: 07/01/1997)

July 1, 1997

July 1, 1997

44

RESPONSE by plaintiff Five Percenters to [40−1] motion for summary judgment, [36−1] motion for summary judgment (former empl) (Entered: 07/07/1997)

July 7, 1997

July 7, 1997

45

REPLY by plaintiff Five Percenters to Defendants' [41−1] support memorandum for motion to summary judgment (former empl) (Entered: 07/07/1997)

July 7, 1997

July 7, 1997

46

OBJECTION by plaintiff Five Percenters to [43−1] report and recommendations (former empl) (Entered: 07/10/1997)

July 9, 1997

July 9, 1997

47

REPORT AND RECOMMENDATION of Magistrate Judge Robert S. Carr that the defendants' motion for summary judgment be granted in all respects except as to the plaintiffs' fourth claim which concerns the ban on Five Percenters' literature. Further with regard to the plaintiffs' claim concerning the banning of Five Percenters' literature, it is recommended that the defendants be granted qualified immunity protection from money damages and that this claim go forward for a determination by a finder of fact as to whether the Five Percenter Nation is a religion and if so whether the plaintiffs are entitled to prospective equitable relief. Case no longer referred to Objections to R and R due by 8/13/97 (former empl) (Entered: 07/25/1997)

July 23, 1997

July 23, 1997

48

OBJECTION by plaintiff Five Percenters to [47−1] report and recommendations regarding summary judgment (pchi) (Entered: 08/05/1997)

Aug. 5, 1997

Aug. 5, 1997

49

OBJECTION by defendant Michael Moore, defendant William Catoe, defendant Kenneth McKellar to [47−1] report and recommendations (former empl) (Entered: 08/13/1997)

Aug. 11, 1997

Aug. 11, 1997

50

ORDER granting in part as to the Plaintiffs' Eighth Amendment claim; as to Plaintiffs' Equal Protection claim; as to Plaintiffs' claim that placement of the Five Percenter in heightened−security segregated custody violates their First Amendment rights; as to Defendants' claim that they are entitled to qualified immuinty, denying in part [40−1] motion for summary judgment as to Plaintiffs' claim that Defendants' total ban on inmate possession of Five Percenters literature violates their First Amendment rights, granting in part, denying in part [36−1] motion for summary judgment, granting [12−1] motion for preliminary injunction ( signed by Judge Patrick Michael Duffy ) (former empl) (Entered: 12/03/1997)

Dec. 3, 1997

Dec. 3, 1997

51

NOTICE OF APPEAL by plaintiff Five Percenters Re: [50−1] order Fee Status: PAID (snel) (Entered: 12/29/1997)

Dec. 29, 1997

Dec. 29, 1997

Notice of appeal and certified copy of docket to USCA, USDJ, counsel: [51−1] appeal by Five Percenters (snel) (Entered: 12/29/1997)

Dec. 29, 1997

Dec. 29, 1997

NOTICE of Docketing ROA from USCA Re: [51−1] appeal by Five Percenters USCA NUMBER: 98−6032/Joy Hargett (snel) (Entered: 01/13/1998)

Jan. 13, 1998

Jan. 13, 1998

52

ORDER OF USCA (certified copy) voluntarily dismissing [51−1] appeal by Five Percenters without prejudice pursuant to FRAP 42(b) (snel) (Entered: 02/02/1998)

Feb. 2, 1998

Feb. 2, 1998

53

MOTION by plaintiff Five Percenters for Robert E. Toone to appear pro hac vice (former empl) (Entered: 03/18/1998)

March 6, 1998

March 6, 1998

54

NOTICE of attorney appearance for plaintiff Five Percenters by Robert E Toone (former empl) (Entered: 03/18/1998)

March 6, 1998

March 6, 1998

55

ORDER granting [53−1] motion for Robert E. Toone to appear pro hac vice ( signed by Magistrate Judge Robert S. Carr ) (former empl) (Entered: 03/20/1998)

March 20, 1998

March 20, 1998

56

NOTICE of attorney appearance for plaintiff Five Percenters by Carl A Brumme III (former empl) (Entered: 05/26/1998)

May 26, 1998

May 26, 1998

58

ORDER referring case back to Magistratae Judge Carr for further proceedings in accordance with the court's order of 12/2/97 ( signed by Judge Patrick Michael Duffy ) (former empl) (Entered: 07/01/1998)

June 30, 1998

June 30, 1998

CASE REFERRED to Magistrate Judge Robert S. Carr (former empl) (Entered: 07/01/1998)

July 1, 1998

July 1, 1998

Pre−trial conference held before Magistrate Judge Robert S. Carr Court reporter: Norma Jean Carrow. (former empl) (Entered: 07/27/1998)

July 24, 1998

July 24, 1998

NOTICE of Hearing, set status conference for 12:00 8/28/98 before Magistrate Judge Robert S. Carr (former empl) (Entered: 08/12/1998)

Aug. 12, 1998

Aug. 12, 1998

59

CONSENT ORDER is entered into as a settlement of the remaining controversy between the parties at the District Court level; the Defendants agree that the Preliminary Injunction shall be made a Permanent Injunction; Plaintiff's will file their motion for attorney fees and costs after appeal and, if appropriate, further proceedings in the District Court on remand ( signed by Judge Patrick Michael Duffy ) (former empl) (Entered: 08/24/1998)

Aug. 21, 1998

Aug. 21, 1998

Case closed (former empl) (Entered: 08/24/1998)

Aug. 21, 1998

Aug. 21, 1998

** Removed HRG flag. (former empl) (Entered: 08/24/1998)

Aug. 24, 1998

Aug. 24, 1998

60

NOTICE OF APPEAL by plaintiff Five Percenters Re: [59−1] order Fee Status: PAID/#200−7713 (snel) (Entered: 09/04/1998)

Sept. 4, 1998

Sept. 4, 1998

Notice of appeal and certified copy of docket to USCA, USDJ, counsel: [60−1] appeal by Five Percenters (snel) (Entered: 09/08/1998)

Sept. 8, 1998

Sept. 8, 1998

NOTICE of Docketing ROA from USCA Re: [60−1] appeal by Five Percenters USCA NUMBER: 98−7337/Yevone Jeffreys (snel) (Entered: 09/18/1998)

Sept. 18, 1998

Sept. 18, 1998

61

Certificate that the Record on Appeal is Complete for [60−1] appeal by Five Percenters (snel) (Entered: 10/05/1998)

Oct. 5, 1998

Oct. 5, 1998

62

Opinion of the 4th Circuit affirming USDC decision re: [60−1] appeal by Five Percenters (snel) (Entered: 04/26/1999)

April 23, 1999

April 23, 1999

63

JUDGMENT OF USCA (certified copy) affirming USDC decision Re: [60−1] appeal by Five Percenters (snel) (Entered: 06/01/1999)

June 1, 1999

June 1, 1999

Record on Appeal returned from U.S. Court of Appeals: [51−1] appeal (jwol) (Entered: 11/19/1999)

Nov. 19, 1999

Nov. 19, 1999

64

MOTION to substitute attorney (former empl) (Entered: 02/22/2000)

Feb. 14, 2000

Feb. 14, 2000

65

MOTION for Stephen Bright to appear pro hac vice (former empl) (Entered: 02/22/2000)

Feb. 14, 2000

Feb. 14, 2000

66

ORDER granting [64−1] motion to substitute attorney; terminated attorney Robert E Toone for Five Percenters ( signed by Judge Patrick Michael Duffy ) (former empl) (Entered: 02/24/2000)

Feb. 23, 2000

Feb. 23, 2000

67

ORDER granting [65−1] motion for Stephen Bright to appear pro hac vice ( signed by Judge Patrick Michael Duffy ) (former empl) (Entered: 02/24/2000)

Feb. 23, 2000

Feb. 23, 2000

68

ORDER that the Court approves the settlement of the parties. The Court further orders that, upon payment by the Defendants to the Southern Center for Human Rights of the amount of $5,000.00, the Defendants' liability under 42:1983 will be forever discharged and extinguished. This Court will not entertain any additional petitions for attorney's fees and costs in this action ( signed by Judge Patrick Michael Duffy ) (former empl) (Entered: 04/21/2000)

April 20, 2000

April 20, 2000

69

Letter from Frederick Green requesting copies. (Attachments: # 1 Envelope) (jtho, ) (Entered: 05/05/2005)

May 2, 2005

May 2, 2005

Case Details

State / Territory: South Carolina

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Dec. 31, 1996

Closing Date: April 20, 2000

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Members of the Five Percenters of Islam incarcerated in South Carolina Department of Corrections facilities

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Southern Center for Human Rights (SCHR)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

South Carolina Department of Corrections, State

Defendant Type(s):

Corrections

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Equal Protection

Free Exercise Clause

Availably Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 5,000

Order Duration: 2000 - 2000

Content of Injunction:

Preliminary relief granted

Issues

General:

Administrative segregation

Classification / placement

Conditions of confinement

Solitary confinement/Supermax (conditions or process)

Discrimination-basis:

Religion discrimination

Type of Facility:

Government-run