Case: Thomas v. Kidd

3:90-cv-00104 | U.S. District Court for the Western District of North Carolina

Filed Date: April 3, 1990

Closed Date: Oct. 3, 1994

Clearinghouse coding complete

Case Summary

Plaintiff inmates, represented by the ACLU National Prison Project, filed a class action lawsuit in the U.S. District Court for the Western District of North Carolina against officials at the Mecklenburg County, NC Jail ("Jail") on April 3, 1990 under 42 U.S.C. § 1983, alleging that a variety of conditions violated the Eighth and Fourteenth Amendments. The parties negotiated a consent decree, which was approved by the court (Judge Robert D. Potter) on November 13, 1990.The consent decree ordere…

Plaintiff inmates, represented by the ACLU National Prison Project, filed a class action lawsuit in the U.S. District Court for the Western District of North Carolina against officials at the Mecklenburg County, NC Jail ("Jail") on April 3, 1990 under 42 U.S.C. § 1983, alleging that a variety of conditions violated the Eighth and Fourteenth Amendments. The parties negotiated a consent decree, which was approved by the court (Judge Robert D. Potter) on November 13, 1990.

The consent decree ordered the Jail to institute population limits, create a maximum time in the intake center of 48 hours, and increase staffing levels. Additionally, the decree ordered the Jail to permit both recreational courtyards to be used simultaneously. The decree stated that each inmate should be given an initial hygiene kit, and it ordered various improvements in sanitation and medical care. The decree also ordered that no inmate should ever be solitarily confined in a metal "box" at any time. The decree also ordered various improvements in fire safety and plumbing, and addressed issues of non-punitive segregation.

Following a series of motions and reports, the court on October 3, 1994 (Judge Potter) approved an order amending the original decree and eliminating requirements for further court oversight.

Summary Authors

David Terry (3/22/2006)

People


Judge(s)

Potter, Robert Daniel (North Carolina)

Attorneys(s) for Plaintiff

Daly, George (North Carolina)

Koren, Edward I. (District of Columbia)

Lesesne, Louis L. Jr. (North Carolina)

Simpson, William G. Jr. (North Carolina)

Attorneys(s) for Defendant

Bethune, Marvin A. (North Carolina)

Cobb, James O. (North Carolina)

Fox, Gerald G. (North Carolina)

Knox, H. Edward (North Carolina)

Judge(s)

Potter, Robert Daniel (North Carolina)

Attorneys(s) for Plaintiff

Daly, George (North Carolina)

Koren, Edward I. (District of Columbia)

Lesesne, Louis L. Jr. (North Carolina)

Simpson, William G. Jr. (North Carolina)

Attorneys(s) for Defendant

Bethune, Marvin A. (North Carolina)

Cobb, James O. (North Carolina)

Fox, Gerald G. (North Carolina)

Knox, H. Edward (North Carolina)

Documents in the Clearinghouse

Document

Docket [PACER]

Oct. 3, 1994 Docket

Consent Order

Nov. 2, 1990 Order/Opinion

Docket

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

ECF Number Description Date Link
20

PRETRIAL ORDER setting Discovery cutoff 9/28/90 ; ; Trial to be scheduled within 120 days; ( signed by Judge Robert D. Potter ) (former emp) (Entered: 03/02/1992)

June 20, 1990
41

Report to the Court, Defts. (former emp) Modified on 07/09/1992 (Entered: 07/01/1992)

July 1, 1992
30

Report to the Court (former emp) (Entered: 01/19/1993)

Jan. 7, 1993
31

Defendants Report to the Court (former emp) (Entered: 07/01/1993)

June 30, 1993

CASE REFERRED to Magistrate Judge Carl Horn III (former emp) (Entered: 08/11/1993)

Aug. 11, 1993
43

ORDER - in Misc. Case # 3:93mc173-P - the complaint herein is referred for handling to counsel for the class of Thomas v. Kidd, C-C-90-104-P, and a copy of thi sorder shall be filed therein. 2. Counsel shall notify the undersigned w/in 30 days fo the filing of this order if handling pltfs claims is beyond the scope of the consent order; etc. ( signed by Magistrate Judge Carl Horn III ) (former emp) Modified on 08/17/1993 (Entered: 08/17/1993)

Aug. 17, 1993
44

MOTION by Carlos Wilson, Arthur McClinton, Robert L. Thomas for William G. Simpson, Jr. to Withdraw as Attorney w/Proposed order (former emp) (Entered: 09/08/1993)

Sept. 1, 1993
45

Response by plaintiff Carlos Wilson, plaintiff Arthur McClinton, plaintiff Robert L. Thomas to Order filed August 17, 1993 (copy of response received in the mail on 8-31-93 w/3:93MC173-P) (former emp) (Entered: 09/10/1993)

Sept. 10, 1993
46

ORDER granting [44-1] motion for William G. Simpson, Jr. to Withdraw as Attorney (Terminated ( signed by Magistrate Judge Carl Horn III ) (ttl) (Entered: 09/13/1993)

Sept. 13, 1993

Case closed (bsw) (Entered: 11/15/1993)

Nov. 15, 1993

CASE NO LONGER REFERRED TO Magistrate Judge Carl Horn III (bsw) (Entered: 11/15/1993)

Nov. 15, 1993
47

NOTICE of filing report to the court by Peter Keber, Robert Walton, Barbara Lockwood, John Blackmon, Rod Autrey, Carla Dupuy, C. W. Kidd (bsw) (Entered: 01/03/1994)

Jan. 3, 1994
48

REPORT TO THE COURT AND MOTION by Peter Keber, Robert Walton, Barbara Lockwood, John Blackmon, Rod Autrey, Carla Dupuy, C. W. Kidd for Relief from Court's Nov. 13, 1990 Consent Order (former emp) (Entered: 06/20/1994)

June 16, 1994
49

CONSENT ORDER granting [48-1] motion for Relief from Court's Nov. 13, 1990 Consent Order ( signed by Judge Robert D. Potter ) Judgment Volume: 39-A Page: 276 (bsw) (Entered: 06/23/1994)

June 23, 1994
50

MOTION by Peter Keber, Robert Walton, Barbara Lockwood, John Blackmon, Rod Autrey, Carla Dupuy, C. W. Kidd For order & Jgm which will withdraw and abrogate all terms and conditions of said Consent Order of November 13, 1990 (chh) (Entered: 08/12/1994)

Aug. 12, 1994
51

Report to the court and aff by dfts. (chh) (Entered: 08/12/1994)

Aug. 12, 1994
52

Renewed MOTION by Peter Keber, Robert Walton, Barbara Lockwood, John Blackmon, Rod Autrey, Carla Dupuy, C. W. Kidd for order and judg to w/draw and abrogate all terms and cond of the 11/13/90 consent order re: Old Meck County Jail Prop (chh) (Entered: 09/07/1994)

Sept. 6, 1994
53

Report to the court and aff by dfts (chh) (Entered: 09/07/1994)

Sept. 6, 1994
54

Consent ORDER, to Amend 11/13/90 Consent Order regarding operations of the Meck. County Jail and Intake Center as set out in this order and eliminating requirements for futher reports to this court ( signed by Judge Robert D. Potter ) Judgment Volume: 39-A Page: 403 (chh) (Entered: 10/03/1994)

Oct. 3, 1994

State / Territory: North Carolina

Case Type(s):

Jail Conditions

Key Dates

Filing Date: April 3, 1990

Closing Date: Oct. 3, 1994

Case Ongoing: No

Plaintiffs

Plaintiff Description:

inmates of the Mecklenburg County Jail in Charlotte, North Carolina

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Mecklenburg County Jail (Mecklenburg), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Availably Documents:

Trial Court Docket

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: 1990 - 1994

Issues

General:

Administrative segregation

Classification / placement

Disciplinary segregation

Food service / nutrition / hydration

Protective custody

Recreation / Exercise

Sanitation / living conditions

Staff (number, training, qualifications, wages)

Totality of conditions

Crowding:

Crowding / caseload

Type of Facility:

Government-run