Case: McCray v. Dawson

3:92-cv-01180 | U.S. District Court for the Middle District of Alabama

Filed Date: Sept. 21, 1992

Closed Date: 2001

Clearinghouse coding complete

Case Summary

On September 21, 1992, inmates at the Macon County Jail in Tuskegee, Alabama, brought suit under 42 U.S.C. §1983 challenging the conditions of their confinement at the jail. The plaintiffs were represented by the Southern Prisoners Defense Committee and the Southern Center for Human Rights. The U.S. District Court for the Middle District of Alabama (Judge Ira De Ment) granted the plaintiffs class certification and approved a consent order in September 1994, which required the defendants, county…

On September 21, 1992, inmates at the Macon County Jail in Tuskegee, Alabama, brought suit under 42 U.S.C. §1983 challenging the conditions of their confinement at the jail. The plaintiffs were represented by the Southern Prisoners Defense Committee and the Southern Center for Human Rights. The U.S. District Court for the Middle District of Alabama (Judge Ira De Ment) granted the plaintiffs class certification and approved a consent order in September 1994, which required the defendants, county and state officials, to change numerous conditions at the current jail pending construction of a new jail. Judge De Ment appointed Special Master Mike Haley to monitor the defendants' compliance with the consent order.

The plaintiffs subsequently moved for contempt sanctions against the defendants for failing to comply with the terms of the consent order, and on October 24, 1996, Judge De Ment granted the plaintiffs' motion. McCray v. Dawson, 953 F.Supp. 1476 (M.D.Ala. 1996). Judge De Ment held that the defendant's claims of substantial, unforeseen changes in attempting construction of a new jail facility related to decreased county revenue, invalid construction contracts and difficulties housing high security inmates did not warrant modification of the consent order. Judge De Ment found the county's lack of progress in constructing a new jail inexcusable and ordered that for everyday that the defendants are past a deadline on the construction schedule, they were to pay $100.00 per inmate housed in the current jail until that deadline would be met. The money raised by these contempt sanctions was to remain in a fund maintained by the court for the benefit of inmates at the jail. Construction of the new jail commenced on January 15, 1997, and on April 4, 2001, Judge De Ment ordered the termination of the consent order.

Summary Authors

Tom Madison (3/6/2006)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/9885076/parties/mccray-v-dawson/


Documents in the Clearinghouse

Documents in this case

3:92-cv-01180

Docket (PACER)

April 4, 2001

April 4, 2001

Docket
148

3:92-cv-01180

Order, and Recommendation of the Magistrate Judge

Oct. 24, 1996

Oct. 24, 1996

Order/Opinion

953 F.Supp. 1476

Docket

See docket on RECAP: https://www.courtlistener.com/docket/9885076/mccray-v-dawson/

Last updated July 9, 2026, 5:24 a.m.

Docket for: McCray v. Dawson
ECF Number Date Description Link
1 Sept. 21, 1992

COMPLAINT (cc) (Entered: 09/22/1992)

RECAP
2 Sept. 21, 1992

Affidavit by Robert L. McCray to proceed in forma pauperis (cc) (Entered: 09/22/1992)

RECAP
Sept. 22, 1992

CASE REFERRED to Mag. Judge John L. Carroll (cc)

3 Sept. 29, 1992

ORDER denying [2-1] motion to proceed in forma pauperis; directing plaintiff to pay the $120.00 filing fee on or before 10/14/92 ( signed by Mag. Judge John L. Carroll ), copy mailed to plaintiff. (cc) (Entered: 09/29/1992)

RECAP
Oct. 2, 1992

Filing Fee Paid; FILING FEE $ 120.00 RECEIPT # 45358 mailed to plaintiff. File referred to Magistrate Judge Carroll. (cc)

4 Oct. 8, 1992

ORDER, set Answer deadline to 11/17/92 for Lovie Thomas, for Robin Collins, for Allen Moore, for Eddie Macon, for Elbert Dawson for Betty Hugley ( signed by Mag. Judge John L. Carroll ), copies mailed to plaintiff; mailed w/copy of complaint to Jimmy H. Evans & Harry A. Lyles; mailed by CMRRR w/copy of complaint to named defendants. (cc) Modified on 03/05/1993 (Entered: 10/08/1992)

RECAP
5 Oct. 13, 1992

NOTICE of ACKNOWLEDGEMENT of SERVICE as to Eddie Macon, Allen Moore, Robin Collins, Lovie Thomas, Betty Hugley 10/10/92 Answer due on 11/23/92 for Betty Hugley, for Lovie Thomas, for Robin Collins, for Allen Moore, for Eddie Macon (cc) (Entered: 10/19/1992)

RECAP
6 Oct. 15, 1992

NOTICE of ACKNOWLEDGEMENT of SERVICE as to Elbert Dawson 10/13/92 Answer due on 11/23/92 for Elbert Dawson (cc) (Entered: 10/19/1992)

RECAP
7 Nov. 16, 1992

MOTION by Elbert Dawson to Extend Time in which to file his special report . Referred to Mag. Judge John L. Carroll (dkt clerk) (Entered: 11/16/1992)

RECAP
Nov. 18, 1992

Stamped ORDER granting [7-1] motion to Extend Time in which to file his special report; resetting Answer deadline to 12/7/92 for Elbert Dawson, copies mailed to plaintiff, counsel & named defendants. (dkt clerk)

8 Nov. 23, 1992

MOTION by Robert L. McCray for Appointment of Counsel . Referred to Mag. Judge John L. Carroll (dkt clerk) (Entered: 11/23/1992)

RECAP
9 Nov. 24, 1992

ORDER denying [8-1] motion for Appointment of Counsel ( signed by Judge Ira De Ment ), copies mailed to plaintiff & counsel. (dkt clerk) (Entered: 11/24/1992)

RECAP
10 Dec. 7, 1992

Special report treated as a MOTION by Elbert Dawson, Eddie Macon, Allen Moore, Robin Collins, Lovie Thomas, Betty Hugley for Summary Judgment per order of 12/10/92. (dkt clerk) (Entered: 03/09/1993)

RECAP
Dec. 8, 1992

AO FORM 85 mailed to counsel for defendants, Hon. E. Wray Smith. (dkt clerk)

11 Dec. 10, 1992

ORDER treating defendants' special report as a motion for summary judgment; [10-1] motion for Summary Judgment by defendants set for submission on 1/5/93 ( signed by Mag. Judge John Carroll ), copies mailed to plaintiff & counsel. VACATED PER ORDER OF 1/6/93. (dkt clerk) Modified on 01/06/1993 (Entered: 12/10/1992)

RECAP
12 Dec. 17, 1992

MOTION by Robert L. McCray for scheduling order . Referred to Mag. Judge John L. Carroll (dkt clerk) (Entered: 12/17/1992)

RECAP
13 Dec. 17, 1992

MOTION by Robert L. McCray to Strike [10-1] special report by defendants . Referred to Mag. Judge John L. Carroll (dkt clerk) (Entered: 12/17/1992)

RECAP
14 Dec. 18, 1992

ORDER denying [12-1] motion for scheduling order ( signed by Mag. Judge John L. Carroll ), copies mailed to plaintiff & counsel. (dkt clerk) (Entered: 12/18/1992)

RECAP
15 Dec. 18, 1992

ORDER denying [13-1] motion to Strike [10-1] special report by defendants ( signed by Mag. Judge John L. Carroll ), copies mailed to plaintiff & counsel. (dkt clerk) (Entered: 12/18/1992)

RECAP
16 Dec. 28, 1992

INTERROGATORIES by Robert L. McCray to Elbert Dawson (cc) (Entered: 12/30/1992)

RECAP
17 Dec. 30, 1992

ORDER terminating [16-1] motion for Discovery; directing defendant Dawson to object or otherwise respond to interrogatories; set Interrogatories deadline to 1/29/93 ; [10-1] motion for Summary Judgment by defendants reset for submission on 2/19/93 ( signed by Mag. Judge John L. Carroll ), copies mailed to plaintiff & counsel. (cc) (Entered: 12/30/1992)

RECAP
18 Dec. 30, 1992

AMENDMENT TO COMPLAINT by Robert L. McCray amending [1-1] complaint against Macon County Comm.; jury demand; declaratory judgment. (Per order of 1/6/93) (dkt clerk) (Entered: 01/06/1993)

RECAP
19 Jan. 4, 1993

REQUEST for Admissions to defendant Macon by Robert L. McCray (dkt clerk) (Entered: 01/04/1993)

RECAP
20 Jan. 4, 1993

MOTION by Robert L. McCray to Stay summary judgment pending disposition & completion of discovery. Referred to Mag. Judge John L. Carroll (dkt clerk) (Entered: 01/04/1993)

RECAP
21 Jan. 6, 1993

ORDER vacating [11-1] order; denying [20-1] motion to Stay as moot. Signed by Mag. Judge John L. Carroll. Copies mailed to plaintiff & counsel. (dkt clerk) (Entered: 01/06/1993)

RECAP
22 Jan. 6, 1993

ORDER granting [18-1] motion to Amend [1-1] complaint ( signed by Mag. Judge John L. Carroll ), copies mailed to plaintiff & counsel. (dkt clerk) (Entered: 01/06/1993)

RECAP
23 Jan. 6, 1993

ORDER setting Answer deadline to 2/16/93 for Macon County Comm. ( signed by Mag. Judge John L. Carroll ), copies mailed to plaintiff; w/ copy of complaint, as amended, to original defendants; w/ copy of original complaint & amendment thereto to counsel for original defendants; w/ copy of original complaint & amendment thereto to additional defendant by CMRRR. (dkt clerk) (Entered: 01/06/1993)

RECAP
24 Jan. 6, 1993

REPORT AND RECOMMENDATIONS of Mag. Judge John L. Carroll that the plaintiff's claims relating to the conditions of confinement of the Macon County Jail in 1988 and 1989 be dismissed prior to service of process pursuant to the provisions of 28 USC Section 1915(d); further, that this case, with respect to the remaining claims, be referred back to the undersigned for subsequent proceedings. Objections to R and R due by 1/25/93, copies mailed to plaintiff, counsel, named defendants. (dkt clerk) (Entered: 01/06/1993)

RECAP
25 Jan. 7, 1993

DEMAND for jury trial by Robert L. McCray. Referred to Magistrate Judge Carroll. (dkt clerk) (Entered: 01/08/1993)

RECAP
26 Jan. 8, 1993

NOTICE of ACKNOWLEDGEMENT of SERVICE as to Macon County Comm., 1/7/93; Answer due on 2/16/93 for Macon County Comm. (dkt clerk) (Entered: 01/15/1993)

RECAP
27 Jan. 19, 1993

OBJECTION by Robert L. McCray to [24-1] report and recommendations. Referred to Magistrate Judge Carroll. (dkt clerk) (Entered: 01/20/1993)

RECAP
Jan. 22, 1993

File referred to Judge DeMent. (dkt clerk)

29 Feb. 3, 1993

Plaintiff's response in opposition to 1/29/93 construed as a MOTION by Robert L. McCray to Strike [28-2] motion to Extend Time in which to respond to plaintiff's request for admissions & plaintiff's interrogatories by defendants per Order of 2/8/93. (dkt clerk) (Entered: 02/08/1993)

RECAP
30 Feb. 3, 1993

ORDER adopting, approving & affirming [24-1] report and recommendations; dismissing plaintiff's claims relating to the conditions of confinement of the Macon County Jail in 1988 & 1989 prior to service of process pursuant to provisions of 28 U.S.C. Section 1915(d); Referring Case to Mag. Judge John L. Carroll for determination of remaining claims. ( signed by Judge Ira De Ment ), copies mailed to plaintiff, counsel & named defendants. (dkt clerk) (Entered: 03/09/1993)

RECAP
31 Feb. 3, 1993

NOTICE to Robert L. McCray by Elbert Dawson, Eddie Macon, Allen Moore, Robin Collins, Lovie Thomas, Betty Hugley of intent to serve subpoena for production of documents on non-party. Referred to Magistrate Judge Carroll. (dkt clerk) (Entered: 03/09/1993)

RECAP
32 Feb. 8, 1993

ORDER denying [29-1] motion to Strike [28-2] motion to Extend Time in which to respond to plaintiff's request for admissions & plaintiff's interrogatories by defendants ( signed by Mag. Judge John L. Carroll ), copies mailed to plaintiff & counsel. (dkt clerk) (Entered: 02/08/1993)

RECAP
33 Feb. 8, 1993

ORDER granting [28-1] motion to Clarify [23-1] order setting Supplemental Answer deadline; advising defendants that their supplemental written report should address only those claims which relate to the conditions to which the plaintiff was subjected from "November 13, 1991 through November 1992." ( signed by Mag. Judge John L. Carroll ), copies mailed to plaintiff & counsel. (dkt clerk) (Entered: 02/08/1993)

RECAP
34 Feb. 8, 1993

ORDER granting [28-2] motion to Extend Time in which to respond to plaintiff's request for admissions & plaintiff's interrogatories; resetting Admissions deadline to 2/22/93 ; resetting Interrogatories deadline to 2/22/93 ; resetting supplemental Answer deadline to 2/22/93 for Macon County Comm., for Betty Hugley, for Lovie Thomas, for Robin Collins, for Allen Moore, for Eddie Macon, for Elbert Dawson ( signed by Mag. Judge John L. Carroll ), copies mailed to plaintiff & counsel. (dkt clerk) (Entered: 02/08/1993)

RECAP
35 Feb. 9, 1993

MOTION by Robert L. McCray for copies of documents subpoenaed by defendants from non-party. Referred to Mag. Judge John L. Carroll (dkt clerk) (Entered: 02/09/1993)

RECAP
36 Feb. 10, 1993

ORDER denying [35-1] motion for copies ( signed by Mag. Judge John L. Carroll ), copies mailed to plaintiff & counsel. (dkt clerk) (Entered: 02/10/1993)

RECAP
37 Feb. 22, 1993

Supplemental special report treated as a MOTION by Elbert Dawson, Eddie Macon, Allen Moore, Robin Collins, Lovie Thomas, Betty Hugley, Macon County Comm. for Summary Judgment per order of 2/25/93. (dkt clerk) (Entered: 02/25/1993)

RECAP
38 Feb. 25, 1993

ORDER treating special report and supplemental special report as a motion for summary judgment; [37-1] motion for summary judgment and [10-1] motion for Summary Judgment by defendants set for submission on 3/16/93 ( signed by Mag. Judge John L. Carroll ), copies mailed to plaintiff & counsel. (dkt clerk) (Entered: 02/25/1993)

RECAP
39 March 16, 1993

RESPONSE by Robert L. McCray in opposition to [37-1] and [10-1] motions for Summary Judgment by defendants (appendix 1-4 attached). Referred to Magistrate Judge Carroll. (dkt clerk) Modified on 03/16/1993 (Entered: 03/16/1993)

RECAP
40 March 16, 1993

CONSENT to trial by Magistrate Judge by all parties and ORDER reassigning to Mag. Judge John L. Carroll. (signed by Judge Ira De Ment) Copies mailed to plaintiff & counsel. VACATED PER ORDER OF 9/29/93 (dkt clerk) Modified on 09/29/1993 (Entered: 03/16/1993)

RECAP
March 16, 1993

File referred to Judge DeMent. (dkt clerk)

March 16, 1993

CASE NO LONGER REFERRED TO Mag. Judge John L. Carroll (dkt clerk)

41 March 29, 1993

Plaintiff's medical records from Veteran's Administration filed as a RESPONSE by Robert L. McCray in opposition to [37-1] motion and [10-1] motion for Summary Judgment by defendants. Referred to Magistrate Judge Carroll. (cc) (Entered: 03/29/1993)

RECAP
42 April 29, 1993

ORDER Appointing Counsel for plaintiff, Hon. Lynnae F. Thandiwe, 83 Poplar St., Atlanta, GA 30303; directing clerk to furnish counsel with copies of all pleadings & documents contained in the file; allowing court-appointed counsel a period of 30 days from the date of this order to file any amended complaint, as further set out. ( signed by Mag. Judge John L. Carroll ), copies mailed to plaintiff & counsel. (dkt clerk) (Entered: 04/29/1993)

RECAP
43 May 20, 1993

MOTION by the plaintiff class (within amended complaint) for Attorney Fees and costs . Referred to Mag. Judge John L. Carroll (dkt clerk) Modified on 05/20/1993 (Entered: 05/20/1993)

RECAP
44 May 20, 1993

MOTION by plaintiff class (filed w/ amended complaint) for entry upon land for inspection and other purposes . Referred to Mag. Judge John L. Carroll (dkt clerk) (Entered: 05/20/1993)

RECAP
45 May 27, 1993

ORDER, setting Answer deadline to 6/28/93 for Robert Berry, for Albert Daniels, for Ernest - Magruder, for Lloyd Stillwell, for Frank H. Lee, for Macon Co., Alabama, for Tommy Herring, for Dept. of Corrections, for Macon County Comm., for Betty Hugley, for Lovie Thomas, for Robin Collins, for Allen Moore, for Eddie Macon, for Elbert Dawson ; setting Scheduling Conference for 9:30 a.m., 7/8/93 ( signed by Mag. Judge John L. Carroll ), copies mailed to counsel; w/ copy of amended complaint to counsel for original defendants, Harry Lyles; w/ copy of amended complaint, together w/ summons by CMRRR to added defendants; furnished to Stan, Marie. (dkt clerk) (Entered: 05/27/1993)

RECAP
46 May 27, 1993

SUMMONS issued for Dept. of Corrections, Tommy Herring, Macon Co., Alabama, Frank H. Lee, Lloyd Stillwell, Ernest - Magruder, Albert Daniels, Robert Berry; summons, amended complaint & order of 5/27/93 mailed by CMRRR to newly named defendants on amended complaint. (dkt clerk) (Entered: 05/27/1993)

RECAP
47 May 27, 1993

MOTION by Robert L. McCray, Jessie Ellis, Eric Ligon, John Robinson, James - Campbell, Roosevelt Cowan, Darrie Cannon, Jesse Graham for Preliminary Injunction . Referred to Mag. Judge John L. Carroll (dkt clerk) (Entered: 05/27/1993)

RECAP
48 May 27, 1993

BRIEF IN SUPPORT of [47-1] motion for Preliminary Injunction by Robert L. McCray, Jessie Ellis, Eric Ligon, John Robinson, James - Campbell, Roosevelt Cowan, Darrie Cannon, Jesse Graham. Referred to Magistrate Judge Carroll. (dkt clerk) (Entered: 05/27/1993)

RECAP
49 June 1, 1993

SUMMONS Returned Executed as to Macon Co., Alabama, Frank H. Lee, Lloyd Stillwell, Ernest Magruder, Albert Daniels, Robert Berry 5/28/93 Answer due on 6/28/93 for Robert Berry, for Albert Daniels, for Ernest Magruder, for Lloyd Stillwell, for Frank H. Lee, for Macon Co., Alabama (dkt clerk) (Entered: 06/01/1993)

RECAP
50 June 2, 1993

SUMMONS Returned Executed as to Dept. of Corrections 6/1/93 Answer due on 6/28/93 for Dept. of Corrections (dkt clerk) (Entered: 06/07/1993)

RECAP
51 June 7, 1993

SUMMONS Returned Executed as to Tommy Herring 6/1/93 Answer due on 6/28/93 for Tommy Herring (dkt clerk) (Entered: 06/07/1993)

RECAP
52 June 11, 1993

MOTION by Dept. of Corrections, Tommy Herring to Stay case Referred to Mag. Judge John L. Carroll (dkt clerk) (Entered: 06/11/1993)

RECAP
53 June 11, 1993

ANSWER to Complaint by Dept. of Corrections, Tommy Herring (Attorneys Ellen Ruth Leonard, Andrew W. Redd, Harry A. Lyles). Referred to Magistrate Judge Carroll. (dkt clerk) (Entered: 06/11/1993)

RECAP
54 June 28, 1993

ORDER denying as moot [47-1] motion for Preliminary Injunction ( signed by Mag. Judge John L. Carroll ), copies mailed to counsel. (cc) (Entered: 06/28/1993)

RECAP
56 July 1, 1993

ANSWER to Amended Complaint by Macon Co., Alabama, Frank H. Lee, Lloyd Stillwell, Ernest Magruder, Albert Daniels, Robert Berry (Attorney Kendrick E. Webb, Jock Michael Smith),; jury demand. Referred to Magistrate Judge Carroll. (cc) (Entered: 07/02/1993)

RECAP
57 July 1, 1993

ANSWER to Amended Complaint by Elbert Dawson, Eddie Macon (Attorney Kendrick E. Webb, Jock Michael Smith),; jury demand. Referred to Magistrate Judge Carroll. (cc) (Entered: 07/02/1993)

RECAP
58 July 7, 1993

ORDER date set for hearing at 9:30 on 7/8/93 for [55-1] motion to Strike [43-1] amended complaint in third floor courtroom, Frank M. Johnson, Jr. Fed. Bldg. & U.S. Courthouse, Montg., Ala; directing the clerk to provide counsel for the parties with a copy of this order by facsimile ( signed by Mag. Judge John L. Carroll ), copies mailed to counsel; copies sent by fax as directed. (cc) (Entered: 07/07/1993)

RECAP
59 July 8, 1993

Courtroom Deputy's MINUTES of proceedings: (cc) (Entered: 07/08/1993)

RECAP
July 8, 1993

Motion hearing held re: [55-1] motion to Strike [43-1] amended complaint by defendants (cc)

60 July 9, 1993

SCHEDULING ORDER setting Pretrial Conference for 9:00 2/7/94 in chambers of U.S. Magistrate Judge John L. Carroll; Motion Filing deadline on 10/7/93 for all dispositive motions; Discovery cutoff 1/10/94; bench trial set for 9:00 3/7/94 in third floor courtroom Frank M. Johnson, Jr., Fed. Bldg. & U.S. Courthouse, Montg., Ala.; directing persons having custody of plaintiffs to produce them at scheduled non-jury trial ( signed by Mag. Judge John L. Carroll ), copies mailed to counsel. (cc) (Entered: 07/09/1993)

RECAP
61 July 9, 1993

ORDER Response to Motion set to 7/19/93 (for plaintiffs) for [55-1] motion to Strike [43-1] amended complaint ( signed by Mag. Judge John L. Carroll ), copies mailed to counsel. (cc) (Entered: 07/09/1993)

RECAP
62 July 19, 1993

RESPONSE by Robert L. McCray, Jessie Ellis, Eric Ligon, John Robinson, James - Campbell, Roosevelt Cowan, Darrie Cannon, Jesse Graham to [55-1] motion to Strike [43-1] amended complaint by defendants. Referred to Magistrate Judge Carroll. (cc) (Entered: 07/19/1993)

RECAP
63 July 19, 1993

MOTION by Robert L. McCray, Jessie Ellis, Eric Ligon, John Robinson, James - Campbell, Roosevelt Cowan, Darrie Cannon, Jesse Graham to Certify Class referred to Mag. Judge John L. Carroll (cc) (Entered: 07/19/1993)

RECAP
64 July 19, 1993

BRIEF IN SUPPORT (w/4 supporting affidavits attached) of [63-1] motion to Certify Class by Robert L. McCray, Jessie Ellis, Eric Ligon, John Robinson, James - Campbell, Roosevelt Cowan, Darrie Cannon, Jesse Graham. Referred to Magistrate Judge Carroll. (cc) (Entered: 07/19/1993)

RECAP
65 Aug. 9, 1993

ORDER denying [55-1] motion to Strike [43-1] amended complaint; Motion Hearing date set for 9:00 10/18/93 for [63-1] motion to Certify Class in third floor courtroom, Frank M. Johnson, Jr. Fed. Bldg. & U.S. Courthouse, Montg., Ala. ( signed by Mag. Judge John L. Carroll ), copies mailed to counsel; furnished Marie & Stan. (cc) (Entered: 08/09/1993)

RECAP
66 Sept. 9, 1993

REPORT AND RECOMMENDATIONS of Mag. Judge John L. Carroll that the order of reference entered in this case on 3/16/93 be vacated and that the cause then be referred back to the magistrate judge for further proceedings. Objections to R and R due by 9/27/93, copies mailed to counsel. (cc) (Entered: 09/09/1993)

RECAP
67 Sept. 16, 1993

MOTION by Elbert Dawson, Eddie Macon, Macon Co., Alabama, Frank H. Lee, Lloyd Stillwell, Ernest - Magruder, Albert Daniels to Extend Time for filing of dispositive motions referred to Mag. Judge John L. Carroll (cc) (Entered: 09/17/1993)

RECAP
68 Sept. 22, 1993

ORDER granting [67-1] motion to Extend Time for filing of dispositive motions; reset Motion Filing deadline to 12/24/93 ; directing that all other provisions of the scheduling order of 7/9/93 shall remain in full force and effect ( signed by Mag. Judge John L. Carroll ), copies mailed to counsel. (cc) (Entered: 09/22/1993)

RECAP
Sept. 28, 1993

File w/proposed order referred to Judge DeMent (cc)

69 Sept. 29, 1993

ORDER adopting [66-1] report and recommendations; vacating [40-1] order of reference; Referring Case to Mag. Judge John L. Carroll for further proceedings ( signed by Judge Ira De Ment ), copies mailed to counsel. (cc) (Entered: 09/29/1993)

RECAP
Sept. 29, 1993

CASE reassigned to Judge Ira De Ment (cc)

70 Oct. 4, 1993

MOTION by Robert L. McCray, Jessie Ellis, Eric Ligon, John Robinson, James - Campbell, Roosevelt Cowan, Darrie Cannon, Jesse Graham, Dept. of Corrections, Tommy Herring to Dismiss state defendants referred to Mag. Judge John L. Carroll (cc) (Entered: 10/04/1993)

RECAP
71 Oct. 5, 1993

ORDER Setting Evidentiary Hearing on the issue of injunctive relief for 9:00 3/7/94 ; terminated deadline for non-jury trial set for same date ; directing that all other provisions of scheduling order entered on 7/9/93 remain in full force and effect ( signed by Mag. Judge John L. Carroll ), copies mailed to counsel; furnished Marie & Stan. (cc) (Entered: 10/05/1993)

RECAP
72 Oct. 14, 1993

MOTION by Elbert Dawson, Eddie Macon, Macon Co., Alabama, Frank H. Lee, Lloyd Stillwell, Ernest - Magruder, Albert Daniels, Robert Berry to Continue Hearing on Class Certification referred to Mag. Judge John L. Carroll (cc) (Entered: 10/14/1993)

RECAP
73 Oct. 18, 1993

ORDER granting [72-1] motion to Continue Hearing on Class Certification; continuing the class certification hearing; Motion Docket date set for 9:00 11/8/93 for [63-1] motion to Certify Class ; in the Third Floor Courtroom, The Frank M. Johnson, Jr. Federal Bldg. & U. S. Courthouse, Montgomery, Alabama ( signed by Mag. Judge John L. Carroll ). Copies mailed to counsel; furnished to Marie & Stan. (djy) (Entered: 10/18/1993)

RECAP
74 Oct. 22, 1993

RESPONSE by Tommy Herring to Discovery Re: Request for Production. Referred to Magistrate Judge Carroll. (cc) (Entered: 10/22/1993)

RECAP
75 Nov. 5, 1993

SECOND MOTION by Elbert Dawson, Eddie Macon, Macon Co., Alabama, Frank H. Lee, Lloyd Stillwell, Ernest - Magruder, Albert Daniels, Robert Berry to Continue Hearing on Class Certification referred to Mag. Judge John L. Carroll (cc) (Entered: 11/08/1993)

RECAP
76 Nov. 9, 1993

ORDER granting [75-1] motion to Continue Hearing on Class Certification; motion hearing reset for 10:00 11/29/93 in third floor courtroom, Frank M. Johnson, Jr. Fed. Bldg. & U.S. Courthouse, Montg., Ala. for [63-1] motion to Certify Class ( signed by Mag. Judge John L. Carroll ), copies mailed to counsel; furnished Marie & Stan. (cc) (Entered: 11/09/1993)

RECAP
77 Nov. 29, 1993

Courtroom Deputy's MINUTES of proceedings; exhibit list; Exhibits under separate cover w/file (cc) (Entered: 11/30/1993)

RECAP
Nov. 29, 1993

Motion hearing held re: [63-1] motion to Certify Class by plaintiffs (cc)

78 Jan. 5, 1994

MOTION for Kendrick E. Webb & E. Wray Smith to Withdraw as Attorneys of Record for Defendants Macon County, Alabama, Frank H. Lee, Lloyd Stillwell, Ernest MacGruder, Albert Daniels, Robert Berry, Elbert Dawson and Eddie Macon referred to Mag. Judge John L. Carroll (cc) (Entered: 01/06/1994)

RECAP
79 Jan. 5, 1994

MOTION by Elbert Dawson, Eddie Macon, Macon Co., Alabama, Frank H. Lee, Lloyd Stillwell, Ernest - Magruder, Albert Daniels, Robert Berry for Protective Order ; Exhibits A-C attached. Referred to Mag. Judge John L. Carroll (cc) (Entered: 01/06/1994)

RECAP
80 Jan. 5, 1994

MOTION by Elbert Dawson, Eddie Macon, Macon Co., Alabama, Frank H. Lee, Lloyd Stillwell, Ernest - Magruder, Albert Daniels, Robert Berry for appointment of third-party mediator ; for continuance of all deadlines referred to Mag. Judge John L. Carroll (cc) (Entered: 01/06/1994)

RECAP
81 Jan. 10, 1994

ORDER upon consideration of [80-1] motion for appointment of third-party mediator and for a continuance, it is granted to the following extent: all proceedings in this case will be stayed pending mediation; reset Pretrial Conference for 9:00 3/23/94 before Mag. Judge John L. Carroll, in chambers, Room 312, Frank M. Johnson, Jr. Fed. Bldg. & U.S. Courthouse, Montg., Ala.; reset Evidentiary Hearing for 9:00 4/18/94 in third floor courtroom, Frank M. Johnson, Jr., Fed. Bldg. & U.S. Courthouse, Montg., Ala; denying as moot [79-1] motion for Protective Order; denying as moot [78-1] motion for Kendrick E. Webb & E. Wray Smith to Withdraw as Attorneys of Record for Defendants Macon County, Alabama, Frank H. Lee, Lloyd Stillwell, Ernest MacGruder, Albert Daniels, Robert Berry, Elbert Dawson and Eddie Macon ( signed by Mag. Judge John L. Carroll ), copies mailed to counsel; furnished Marie & Stan. (cc) (Entered: 01/10/1994)

RECAP
82 Jan. 10, 1994

NOTICE of Deposition at the Macon County Courthouse of Eddie Macon on 1/5/94 at 9:00 a.m. and of Angela Alexander on 1/6/94 at 9:00 a.m. Notice filed by Robert L. McCray, Jessie Ellis, Eric Ligon, John Robinson, James - Campbell, Roosevelt Cowan, Darrie Cannon, Jesse Graham. Referred to Magistrate Judge Carroll. (cc) (Entered: 01/11/1994)

RECAP
83 Jan. 10, 1994

NOTICE of Deposition at the Macon County Courthouse of Sheriff Elbert Dawson on 12/23/93 at 9:00 a.m. and Commissioner Frank Lee on 12/24/93 at 9:00 a.m. Notice filed by Robert L. McCray, Jessie Ellis, Eric Ligon, John Robinson, James - Campbell, Roosevelt Cowan, Darrie Cannon, Jesse Graham. Referred to Magistrate Judge Carroll. (cc) (Entered: 01/11/1994)

RECAP
84 Jan. 10, 1994

MOTION by Robert L. McCray, Jessie Ellis, Eric Ligon, John Robinson, James - Campbell, Roosevelt Cowan, Darrie Cannon, Jesse Graham for Leave to Take Deposition of Emma Wright and Doris Pruitt on 1/17/94 at the Macon County Courthouse referred to Mag. Judge John L. Carroll (cc) (Entered: 01/11/1994)

RECAP
85 Jan. 10, 1994

MOTION by Robert L. McCray, Jessie Ellis, Eric Ligon, John Robinson, James - Campbell, Roosevelt Cowan, Darrie Cannon, Jesse Graham for Leave to Take Deposition of Stephanie Moore on 1/13/94 at 9:00 a.m. and Commissioner Ernest Magruder on 1/14/94 at 9:00 a.m. and Commissioner Lloyd Stillwell on 1/14/94 at 1:00 P.M. at the Macon County Courthouse referred to Mag. Judge John L. Carroll (cc) (Entered: 01/11/1994)

RECAP
87 Jan. 31, 1994

ORDER set Status Conference for 8:30 2/11/94 by conference call ( signed by Mag. Judge John L. Carroll ), copies mailed to counsel. (cc) (Entered: 01/31/1994)

RECAP
88 Feb. 8, 1994

ORDER setting mediation conference; set In Chambers in the Frank M. Johnson, Jr. Fed. Bldg. & U.S. Courthouse, Montg., Ala. for 9:00 2/17/94 ; directing that counsel for all parties and a representative of the defendants with full authority to settle the case to appear at and attend said conference; directing plaintiffs to be prepared to present documents substantiating any claims for damages ( signed by Mag. Judge Charles S. Coody ), copies mailed to counsel; furnished Marie & Clayton. (cc) (Entered: 02/08/1994)

RECAP
89 Feb. 18, 1994

ORDER directing that counsel for defendants initiate a telephone status conference call; set Status Conference for 3:30 2/28/94, Central Standard Time ( signed by Mag. Judge Charles S. Coody ), copies mailed to counsel. (cc) (Entered: 02/18/1994)

RECAP
90 March 4, 1994

ORDER, set (Mediation) In Chambers Conference for 10:00 3/11/94 ( signed by Mag. Judge Charles S. Coody ), copies mailed to counsel; furnished to Ace, Marie. (war) Modified on 03/04/1994 (Entered: 03/04/1994)

RECAP
91 March 11, 1994

JOINT STIPULATION on Class Certification; proposed order attached. Referred to Magistrate Judge Carroll. (cc) (Entered: 03/11/1994)

RECAP
March 29, 1994

Proposed Consent Order referred to Magistrate Judge Carroll. (cc)

Case Details

State / Territory:

Alabama

Case Type(s):

Jail Conditions

Key Dates

Filing Date: Sept. 21, 1992

Closing Date: 2001

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All persons who are now, or in the future will be, incarcerated at the present or any future Macon County Jail in Tuskegee, AL

Attorney Organizations:

Southern Center for Human Rights (SCHR)

Public Interest Lawyer: Yes

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

County

Macon County Jail

State

Alabama Department of Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Other Dockets:

Middle District of Alabama 3:92-cv-01180

Available Documents:

Any published opinion

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1994 - 2001

Issues

General/Misc.:

Sanitation / living conditions

Staff (number, training, qualifications, wages)

Totality of conditions

Jails, Prisons, Detention Centers, and Other Institutions:

Crowding (General)

Crowding: Pre-PLRA Population Cap

Recommended Citation