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 attrorneys, see: https://www.courtlistener.com/docket/9885076/parties/mccray-v-dawson/


Judge(s)

Carroll, Earl Hamblin (Arizona)

DeMent, Ira (Alabama)

Attorneys(s) for Plaintiff

Sun, Tammy W. (Georgia)

Thandiwe, Lynnae Francine (Georgia)

Toone, Robert E. Jr. (Georgia)

Attorneys(s) for Defendant

Leonard, Ellen Ruth (Alabama)

Lyles, Harry A. (Alabama)

Redd, Andrew Weldon (Alabama)

Smith, Ernest Wray (Alabama)

Webb, Kendrick E. (Alabama)

Judge(s)

Carroll, Earl Hamblin (Arizona)

DeMent, Ira (Alabama)

Attorneys(s) for Plaintiff

Sun, Tammy W. (Georgia)

Thandiwe, Lynnae Francine (Georgia)

Toone, Robert E. Jr. (Georgia)

Attorneys(s) for Defendant

Leonard, Ellen Ruth (Alabama)

Lyles, Harry A. (Alabama)

Redd, Andrew Weldon (Alabama)

Smith, Ernest Wray (Alabama)

Webb, Kendrick E. (Alabama)

Expert/Monitor/Master

Haley, Mike (Alabama)

Documents in the Clearinghouse

Document

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

953 F.Supp. 1476

Oct. 24, 1996

Oct. 24, 1996

Order/Opinion

Resources

Docket

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

Last updated July 24, 2022, 3:17 a.m.

ECF Number Description Date Link Date / Link
1

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

Sept. 21, 1992

Sept. 21, 1992

PACER
2

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

Sept. 21, 1992

Sept. 21, 1992

PACER

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

Sept. 22, 1992

Sept. 22, 1992

PACER
3

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)

Sept. 29, 1992

Sept. 29, 1992

PACER

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

Oct. 2, 1992

Oct. 2, 1992

PACER
4

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)

Oct. 8, 1992

Oct. 8, 1992

PACER
5

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)

Oct. 13, 1992

Oct. 13, 1992

PACER
6

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)

Oct. 15, 1992

Oct. 15, 1992

PACER
7

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)

Nov. 16, 1992

Nov. 16, 1992

PACER

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)

Nov. 18, 1992

Nov. 18, 1992

PACER
8

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

Nov. 23, 1992

Nov. 23, 1992

PACER
9

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)

Nov. 24, 1992

Nov. 24, 1992

PACER
10

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)

Dec. 7, 1992

Dec. 7, 1992

PACER

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

Dec. 8, 1992

Dec. 8, 1992

PACER
11

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)

Dec. 10, 1992

Dec. 10, 1992

PACER
12

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

Dec. 17, 1992

Dec. 17, 1992

PACER
13

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)

Dec. 17, 1992

Dec. 17, 1992

PACER
14

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)

Dec. 18, 1992

Dec. 18, 1992

PACER
15

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)

Dec. 18, 1992

Dec. 18, 1992

PACER
16

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

Dec. 28, 1992

Dec. 28, 1992

PACER
17

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)

Dec. 30, 1992

Dec. 30, 1992

PACER
18

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)

Dec. 30, 1992

Dec. 30, 1992

PACER
19

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

Jan. 4, 1993

Jan. 4, 1993

PACER
20

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)

Jan. 4, 1993

Jan. 4, 1993

PACER
21

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)

Jan. 6, 1993

Jan. 6, 1993

PACER
22

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)

Jan. 6, 1993

Jan. 6, 1993

PACER
23

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)

Jan. 6, 1993

Jan. 6, 1993

PACER
24

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)

Jan. 6, 1993

Jan. 6, 1993

PACER
25

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

Jan. 7, 1993

Jan. 7, 1993

PACER
26

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)

Jan. 8, 1993

Jan. 8, 1993

PACER
27

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

Jan. 19, 1993

Jan. 19, 1993

PACER

File referred to Judge DeMent. (dkt clerk)

Jan. 22, 1993

Jan. 22, 1993

PACER
29

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)

Feb. 3, 1993

Feb. 3, 1993

PACER
30

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)

Feb. 3, 1993

Feb. 3, 1993

PACER
31

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)

Feb. 3, 1993

Feb. 3, 1993

PACER
28

MOTION by Elbert Dawson, Eddie Macon, Allen Moore, Robin Collins, Lovie Thomas, Betty Hugley, Macon County Comm. to Clarify [23-1] order setting Supplemental Answer deadline , and to Extend Time in which to respond to plaintiff's request for admissions & plaintiff's interrogatories referred to Mag. Judge John L. Carroll (cc) (Entered: 02/03/1993)

Jan. 29, 1993

Jan. 29, 1993

32

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)

Feb. 8, 1993

Feb. 8, 1993

PACER
33

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)

Feb. 8, 1993

Feb. 8, 1993

PACER
34

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)

Feb. 8, 1993

Feb. 8, 1993

PACER
35

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)

Feb. 9, 1993

Feb. 9, 1993

PACER
36

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)

Feb. 10, 1993

Feb. 10, 1993

PACER
37

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)

Feb. 22, 1993

Feb. 22, 1993

PACER
38

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)

Feb. 25, 1993

Feb. 25, 1993

PACER
39

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)

March 16, 1993

March 16, 1993

PACER

File referred to Judge DeMent. (dkt clerk)

March 16, 1993

March 16, 1993

PACER
40

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)

March 16, 1993

March 16, 1993

PACER

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

March 16, 1993

March 16, 1993

PACER
41

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)

March 29, 1993

March 29, 1993

PACER
42

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)

April 29, 1993

April 29, 1993

PACER
43

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)

May 20, 1993

May 20, 1993

PACER
44

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)

May 20, 1993

May 20, 1993

PACER
45

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)

May 27, 1993

May 27, 1993

PACER
46

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)

May 27, 1993

May 27, 1993

PACER
47

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)

May 27, 1993

May 27, 1993

PACER
48

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)

May 27, 1993

May 27, 1993

PACER
49

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)

June 1, 1993

June 1, 1993

PACER
50

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)

June 2, 1993

June 2, 1993

PACER
51

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)

June 7, 1993

June 7, 1993

PACER
52

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

June 11, 1993

June 11, 1993

PACER
53

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)

June 11, 1993

June 11, 1993

PACER
54

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)

June 28, 1993

June 28, 1993

PACER
56

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)

July 1, 1993

July 1, 1993

PACER
57

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)

July 1, 1993

July 1, 1993

PACER
58

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)

July 7, 1993

July 7, 1993

PACER

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

July 8, 1993

July 8, 1993

PACER
59

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

July 8, 1993

July 8, 1993

PACER
60

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)

July 9, 1993

July 9, 1993

PACER
61

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)

July 9, 1993

July 9, 1993

PACER
62

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)

July 19, 1993

July 19, 1993

PACER
63

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)

July 19, 1993

July 19, 1993

PACER
64

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)

July 19, 1993

July 19, 1993

PACER
65

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)

Aug. 9, 1993

Aug. 9, 1993

PACER
66

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)

Sept. 9, 1993

Sept. 9, 1993

PACER
67

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)

Sept. 16, 1993

Sept. 16, 1993

PACER
68

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)

Sept. 22, 1993

Sept. 22, 1993

PACER

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

Sept. 28, 1993

Sept. 28, 1993

PACER
69

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)

Sept. 29, 1993

Sept. 29, 1993

PACER

CASE reassigned to Judge Ira De Ment (cc)

Sept. 29, 1993

Sept. 29, 1993

PACER
70

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)

Oct. 4, 1993

Oct. 4, 1993

PACER
71

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)

Oct. 5, 1993

Oct. 5, 1993

PACER
72

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)

Oct. 14, 1993

Oct. 14, 1993

PACER
73

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)

Oct. 18, 1993

Oct. 18, 1993

PACER
74

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

Oct. 22, 1993

Oct. 22, 1993

PACER
75

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)

Nov. 5, 1993

Nov. 5, 1993

PACER
76

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)

Nov. 9, 1993

Nov. 9, 1993

PACER

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

Nov. 29, 1993

Nov. 29, 1993

PACER
77

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

Nov. 29, 1993

Nov. 29, 1993

PACER
78

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)

Jan. 5, 1994

Jan. 5, 1994

PACER
79

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)

Jan. 5, 1994

Jan. 5, 1994

PACER
80

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)

Jan. 5, 1994

Jan. 5, 1994

PACER
81

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)

Jan. 10, 1994

Jan. 10, 1994

PACER
82

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)

Jan. 10, 1994

Jan. 10, 1994

PACER
83

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)

Jan. 10, 1994

Jan. 10, 1994

PACER
84

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)

Jan. 10, 1994

Jan. 10, 1994

PACER
85

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)

Jan. 10, 1994

Jan. 10, 1994

PACER
87

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)

Jan. 31, 1994

Jan. 31, 1994

PACER
88

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)

Feb. 8, 1994

Feb. 8, 1994

PACER
89

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)

Feb. 18, 1994

Feb. 18, 1994

PACER
90

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)

March 4, 1994

March 4, 1994

PACER
91

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

March 11, 1994

March 11, 1994

PACER

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

Alabama Department of Corrections, State

Macon County Jail (Macon), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1994 - 2001

Issues

General:

Sanitation / living conditions

Staff (number, training, qualifications, wages)

Totality of conditions

Crowding:

Crowding / caseload

Type of Facility:

Government-run