Case: Heath v. DeCourcy

1:76-cv-00569 | U.S. District Court for the Southern District of Ohio

Filed Date: Dec. 15, 1976

Clearinghouse coding complete

Case Summary

On December 15, 1976, inmates at the Hamilton County Justice Complex filed a class action lawsuit under 42 U.S.C. § 1983 against the county in the U.S. District Court for the Southern District of Ohio. The plaintiffs, represented by the Legal Aid Society of Cincinnati, alleged that their constitutional rights had been violated by deficiencies in the areas of overcrowding, staffing, classification, security, fire safety, exercise and recreation, discipline procedures, ventilation, lighting, med…

On December 15, 1976, inmates at the Hamilton County Justice Complex filed a class action lawsuit under 42 U.S.C. § 1983 against the county in the U.S. District Court for the Southern District of Ohio. The plaintiffs, represented by the Legal Aid Society of Cincinnati, alleged that their constitutional rights had been violated by deficiencies in the areas of overcrowding, staffing, classification, security, fire safety, exercise and recreation, discipline procedures, ventilation, lighting, medical care, and training of correctional officers.

After discovery, the parties negotiated a settlement agreement. In 1985, the U.S. District Court for the Southern District of Ohio (Judge Herman Weber) incorporated the terms of the settlement agreement into an Agreed Final Judgment (AFJ). The court ordered the defendants to provide notice of the AFJ the members of the plaintiff class, setting the deadline for plaintiff objections to the AFJ at August 15, 1985.

On September 12, 1985, the court (Judge Weber) held a hearing to consider objections to the proposed AFJ and rejected all concerns expressed by members of the plaintiff class. The court further stated that, since the relief requested was analogous to affirmative action, the decree would have to be temporary in nature and subject to sunset provisions. The plaintiff class objected on the grounds that the parties had not agreed to any temporal limitations on relief, arguing that once the final judgment order was dissolved, the defendants would return to their prior practices, prompting further litigation. On September 25, 1985, the court (Judge Weber) entered the AFJ as the court's final order in the case, including the sunset provisions. The plaintiffs appealed.

On December 4, 1986, the U.S. Court of Appeals for the Sixth Circuit (Judge Cornelia Kennedy, Judge Herbert Milburn, and Judge Bailey Brown) remanded the case back to the district court for clarification, approving the AFJ as final judgment in the case, rejecting the plaintiffs' request for a permanent injunction, and ordering that the district court monitor the defendants' compliance with the judgment. Heath v. Wood, 1986 WL 18468 (6th Cir.(Ohio) Dec. 4, 1986).

On April 3, 1987, the U.S. District Court for the Southern District of Ohio (Judge Weber) clarified its intent according to the order of the circuit court. The appellants notified the circuit court that the district court's order was acceptable to them as a total resolution of the issues raised in the case. Accordingly, the U.S. Court of Appeals for the Sixth Circuit (Judges Kennedy, Milburn, and Brown) ordered that the appeal be dismissed. Heath v. Wood, 1987 WL 44627 (6th Cir.(Ohio) Sept. 3, 1987).

On June 6, 1988, the district court (Judge Weber) entered an Agreed Modification of Agreed Final Judgment (AMAFJ) in the case. This modification permitted double-celling of inmates at the Justice Complex in 168 cells, capped the inmate population at 1016, and gave the defendants the authority to comply with the population cap by releasing inmates and by refusing admission of inmates.

The following year, Joseph DeCourcy succeeded Robert Wood as the Hamilton County Commissioner. On June 6, 1988, the defendants asked the court to further modify the AMAFJ, allowing the defendants to change their inmate classification procedures. On November 15, 1988, the U.S. District Court for the Southern District of Ohio (Judge Weber) held that the defendants' motion to modify the AMAFJ would be granted in part and denied in part, allowing only small modifications of the classification procedures. Heath v. DeCourcy, 704 F.Supp. 799 (S.D.Ohio 1988). The plaintiffs appealed.

On November 3, 1989, the U.S. Court of Appeals for the Sixth Circuit (Judge Cornelia Kennedy, Judge David Nelson, and Judge Thomas Wiseman) affirmed the district court's judgment modifying the AMAFJ. Heath v. DeCourcy, 888 F.2d 1105 (6th Cir. 1989).

In September, 1990, the plaintiffs asked the district court to hold the defendants in contempt for failure to comply with the AMAFJ. On November 19, 1990, the U.S. District Court for the Southern District of Ohio (Judge Carl Rubin) held that the defendants had complied in five of the seven areas raised in the complaint. The court deferred judgment on the other two areas (acoustics and education programs) in order to allow the defendants to take appropriate action by January 1, 1991.

On April 5, 1991, the district court ordered sua sponte an April 12, 1991 hearing to determine whether the defendants had complied in the two remaining areas and whether the court's supervision of the Justice Complex should be terminated. At the hearing, the district court terminated supervision over all provisions of the AMAFJ except Paragraph A, which addressed the facility's population cap.

Summary Authors

Lauren Cutson (5/26/2005)

Related Cases

Heath v. DeCourcy, Southern District of Ohio (1976)

People


Judge(s)

Brown, Bailey (Ohio)

Cleland, Robert Hardy (Michigan)

Joiner, Charles Wycliffe (Michigan)

Kennedy, Cornelia Groefsema (Michigan)

Martin, Boyce Ficklen Jr. (Kentucky)

Milburn, Herbert Theodore (Tennessee)

Rubin, Carl Bernard (Ohio)

Siler, Eugene Edward Jr. (Kentucky)

Weber, Herman Jacob (Ohio)

Attorneys(s) for Plaintiff

Branch, Jennifer L. (Ohio)

Judge(s)

Brown, Bailey (Ohio)

Cleland, Robert Hardy (Michigan)

Joiner, Charles Wycliffe (Michigan)

Kennedy, Cornelia Groefsema (Michigan)

Martin, Boyce Ficklen Jr. (Kentucky)

Milburn, Herbert Theodore (Tennessee)

Rubin, Carl Bernard (Ohio)

Siler, Eugene Edward Jr. (Kentucky)

Weber, Herman Jacob (Ohio)

Attorneys(s) for Plaintiff

Branch, Jennifer L. (Ohio)

Laufman, Robert Franklin (Ohio)

Olden, Stephen Hart (Ohio)

Schrider, John E. Jr. (Ohio)

Stokan, Edward S. (Ohio)

Attorneys(s) for Defendant

Cunningham, Pierce Edward (Ohio)

Harper, James Warren (Ohio)

Taylor, Robert Edward (Ohio)

Zorn, Philip Lewis Jr. (Ohio)

Other Attorney(s)

O'Hara, Michael J. (Kentucky)

Rogers, James K. (Ohio)

Documents in the Clearinghouse

Document

1:76-cv-00569

Docket [PACER]

April 1, 1998

April 1, 1998

Docket

85-03905

Unpublished Opinion

Heath v. Wood

U. S. Court of Appeals for the Sixth Circuit

811 F.2d 606, 1986 WL 18468

Dec. 4, 1986

Dec. 4, 1986

Order/Opinion

85-03905

Order

Heath v. Wood

U. S. Court of Appeals for the Sixth Circuit

828 F.2d 19, 1987 WL 44627, 1987 U.S.App.LEXIS 11808

Sept. 3, 1987

Sept. 3, 1987

Order/Opinion

1:76-cv-00569

Order

704 F.Supp. 799, 1988 U.S.Dist.LEXIS 15483

Nov. 15, 1988

Nov. 15, 1988

Order/Opinion

88-04167

Reported Opinion

U. S. Court of Appeals for the Sixth Circuit

888 F.2d 1105, 1989 U.S.App.LEXIS 16476

Nov. 3, 1989

Nov. 3, 1989

Order/Opinion

91-03778

92-03317

Reported Opinion

U. S. Court of Appeals for the Sixth Circuit

992 F.2d 630, 1993 U.S.App.LEXIS 9933

April 30, 1993

April 30, 1993

Order/Opinion

94-03579

94-03581

Unpublished Opinion

U. S. Court of Appeals for the Sixth Circuit

64 F.3d 663, 1995 WL 492918

Aug. 16, 1995

Aug. 16, 1995

Order/Opinion

Resources

Docket

Last updated Aug. 13, 2022, 3:13 a.m.

ECF Number Description Date Link Date / Link
2

COMPLAINT (Summonses issued) () (dm) Modified on 07/26/1991 (Entered: 10/16/1990)

Dec. 15, 1976

Dec. 15, 1976

350

ORDER by Honorable Carl B. Rubin ; In-court hearing set for 9:00 a.m. on 4/12/91 9:00 4/12/91. (cc: all counsel) ( no pgs: 1) (wy) Modified on 07/26/1991 (Entered: 04/05/1991)

April 5, 1991

April 5, 1991

Deposition of Richard Seomin taken by deft on 10/9/90 3:15pm. (ks) (Entered: 05/20/1991)

May 20, 1991

May 20, 1991

Deposition of Ruth Walters taken by Deft on 10/10/90 @ 9:30am. (ks) (Entered: 05/20/1991)

May 20, 1991

May 20, 1991

357

ORDER by Honorable Carl B. Rubin that the Court maintain supervision over the maximum population; that supervision of Paragraph A and B(1) subparagraphs b,c,d,e,f,g,h and i in document #301 and paragraphs c thru o in document #169 be terminated. The services of Mr. W. Raymond Nelson are terminated effective 8/1/91 with the exception of payment of appropriate fees and costs, the Court does hereby terminate its supervision. (cc: all counsel) ( no pgs: 6) (ph) (Entered: 07/26/1991)

July 26, 1991

July 26, 1991

358

JUDGMENT: by Clerk pursuant to document #357. (cc: all counsel) ( no pgs: 1) (ph) (Entered: 07/26/1991)

July 26, 1991

July 26, 1991

359

NOTICE OF APPEAL by plaintiffs from Dist. Court decision, [357-1] of 7/26/91 ( no pgs: 2) (ph) (Entered: 08/15/1991)

Aug. 13, 1991

Aug. 13, 1991

APPEAL NOTIFICATION issued CA. Packet issued to COFA with copies of document numbers 169,309,357,358 & 359. (ph) (Entered: 08/26/1991)

Aug. 23, 1991

Aug. 23, 1991

360

MOTION by plaintiff for attorney fees ( no pgs: 71) (ph) (Entered: 08/27/1991)

Aug. 26, 1991

Aug. 26, 1991

361

ORDER by Honorable Carl B. Rubin denying motion for attorney fees [360-1] without prejudice to refile after appeal. (cc: all counsel) ( no pgs: 1) (ss) (Entered: 09/06/1991)

Sept. 6, 1991

Sept. 6, 1991

TRANSCRIPT ORDER FORM by plaintiffs (ph) (Entered: 09/11/1991)

Sept. 10, 1991

Sept. 10, 1991

362

RECEIPT OF USCA APPEAL NUMBER - Number Assigned: 91-3778 (ph) (Entered: 09/11/1991)

Sept. 11, 1991

Sept. 11, 1991

363

Court Reporter's TRANSCRIPT of proceedings before Judge Rubin filed for the following date(s): 11/15/90 (Re: [359-1] ) (ph) (Entered: 10/29/1991)

Oct. 28, 1991

Oct. 28, 1991

364

Court Reporter's TRANSCRIPT of proceedings before Judge Rubin filed for the following date(s): 4/12/91 (Re: [359-1] ) (ph) (Entered: 10/29/1991)

Oct. 28, 1991

Oct. 28, 1991

Deposition of SIMON L. LEIS. (wy) (Entered: 01/21/1992)

Jan. 17, 1992

Jan. 17, 1992

365

RECORD CERTIFIED to USCA 6th: consisting of 1 volume of pleadings, 5 depositions and 5 transcripts. (ph) (Entered: 01/22/1992)

Jan. 21, 1992

Jan. 21, 1992

SUPPLEMENTAL RECORD TO USCA 6th: with 1 deposition (ph) (Entered: 02/07/1992)

Feb. 7, 1992

Feb. 7, 1992

366

MOTION by defendants that Board of County Commissioners of Hamilton County and Sheriff of Hamilton County for order modifying consent decree ( no pgs: 25) (ph) (Entered: 02/25/1992)

Feb. 25, 1992

Feb. 25, 1992

367

ORDER by Honorable Carl B. Rubin setting a hearing on defendants motion for order modifying consent decree [366-1] at 2:30 p.m. on 3/6/92 (cc: all counsel) ( no pgs: 1) (ph) (Entered: 02/27/1992)

Feb. 27, 1992

Feb. 27, 1992

368

STATEMENT/HEARING MEMORANDUM by defendants ( no pgs: 7+) (ph) (Entered: 03/06/1992)

March 6, 1992

March 6, 1992

369

CIVIL MINUTES: Proceeding before Honorable Carl B. Rubin. Hearing on pending motion; taken under advisement. (cc: all counsel) ( no pgs: 1) (ls) (Entered: 03/09/1992)

March 9, 1992

March 9, 1992

370

ORDER by Honorable Carl B. Rubin granting motion for order modifying consent decree [366-1] Court finds that cells at Ham. Co. Justice Center are adequate size for double occupancy; that double celling is not a violation of Constitution; that double occupancy in this institution has been previously judicially approved. Ordered that defts' mot to increase numher of inmates fm 1,016 to 1,422 is granted. (cc: all counsel) ( no pgs: 5) (ls) (Entered: 03/11/1992)

March 11, 1992

March 11, 1992

371

Court Reporter's TRANSCRIPT of proceedings before Judge Rubin filed for the following date(s): 3/6/92 (Re: [359-1] ) (ph) (Entered: 03/19/1992)

March 19, 1992

March 19, 1992

372

NOTICE OF APPEAL by plaintiff from Dist. Court decision [370-1] of 3/11/92 ( no pgs: 2) (ph) (Entered: 03/19/1992)

March 19, 1992

March 19, 1992

APPEAL FEE unpaid () (ph) (Entered: 03/19/1992)

March 19, 1992

March 19, 1992

373

MOTION by plaintiffs to stay pending appeal ( no pgs: 5) (ph) (Entered: 03/19/1992)

March 19, 1992

March 19, 1992

374

MEMORANDUM by defendant in opposition to [373-1] ( no pgs: 2) (ph) (Entered: 03/25/1992)

March 25, 1992

March 25, 1992

NOTATION ORDER by Honorable Carl B. Rubin denying motion to stay pending appeal [373-1] (cc: all counsel) (ks) (Entered: 03/31/1992)

March 31, 1992

March 31, 1992

375

RECEIPT OF USCA APPEAL NUMBER - Number Assigned: 92-3317 (ph) (Entered: 04/14/1992)

April 6, 1992

April 6, 1992

376

ORDER OF USCA 6th: that motion for a stay is denied. It is further ordered that this case be expedited. ( no pgs: 2) (ph) (Entered: 05/13/1992)

May 12, 1992

May 12, 1992

377

RECORD CERTIFIED to USCA 6th: consisting of 1 volume of pleadings, 1 transcript and 1 deposition, (ph) (Entered: 08/12/1992)

Aug. 11, 1992

Aug. 11, 1992

380

RENEWED MOTION by plaintiffs for stay pending appeal ( no pgs: 9) (ls) (Entered: 04/16/1993)

April 2, 1993

April 2, 1993

378

AFFIDAVIT of Judith K. Wise regarding motion to stay pending appeal [373-1] () (ph) (Entered: 04/12/1993)

April 12, 1993

April 12, 1993

379

MEMORANDUM by plaintiff in opposition to [373-1] (with affidavits of David D. Beran, Joseph Schmitz and Robert E. Taylor attached) (ph) (Entered: 04/16/1993)

April 15, 1993

April 15, 1993

381

AFFIDAVIT of Stephen H. Olden ( no pgs: 2) (ph) (Entered: 04/29/1993)

April 28, 1993

April 28, 1993

382

INFORMATION COPY of USCA 6th: in re: appeal [372-1], appeal [359-1] that the district court's modification of the consent decree is vacated and this case is remanded for further consideration. (ph) (Entered: 05/03/1993)

April 30, 1993

April 30, 1993

NOTATION ORDER by Honorable Carl B. Rubin denying motion for stay pending appeal [380-1] (cc: all counsel) (ph) (Entered: 05/03/1993)

May 3, 1993

May 3, 1993

383

ORDER by Honorable Carl B. Rubin ;Prehearing Status conference set for 3:30 5/10/93 in chambers (cc: all counsel) ( no pgs: 1) (ph) (Entered: 05/07/1993)

May 7, 1993

May 7, 1993

384

Court Reporter's TRANSCRIPT of Status Conference before Judge Rubin filed by Court Reporter B. Schwab for the following date(s): 5/10/93 (Re: [372-1], [359-1] ) (ph) (Entered: 05/13/1993)

May 13, 1993

May 13, 1993

385

ORDER/MANDATE/JUDGMENT OF USCA 6th:vacating distirrict court's modification of the consent decree and remanding the matter back to District Court [Appeal [372-1] & [Appeal [359-1] () (ph) (Entered: 06/04/1993)

May 25, 1993

May 25, 1993

386

ORDER by Honorable Carl B. Rubin ; In-court hearing reset for 9:00 7/6/93 (cc: all counsel) ( no pgs: 1) (ph) (Entered: 06/08/1993)

June 7, 1993

June 7, 1993

387

MOTION by plaintiff to modify consent decree ( no pgs: 2) (ss) (Entered: 06/28/1993)

June 25, 1993

June 25, 1993

388

PETITION by plaintiff for writ of habeas corpus ad testificandum for Frank Jones ( no pgs: 2) (ss) (Entered: 06/28/1993)

June 25, 1993

June 25, 1993

389

PETITION by plaintiff for writ of habeas corpus ad testificandum for Michael Osborne ( no pgs: 2) (ss) (Entered: 06/28/1993)

June 25, 1993

June 25, 1993

390

ORDER by Honorable Carl B. Rubin granting petition [388-1] (cc: all counsel/USM) ( no pgs: 1) (ss) (Entered: 06/28/1993)

June 28, 1993

June 28, 1993

391

ORDER by Honorable Carl B. Rubin granting petition [389-1] (cc: all counsel/USM) ( no pgs: 1) (ss) (Entered: 06/28/1993)

June 28, 1993

June 28, 1993

392

JOINT MOTION by defendants and plaintiffs for order approving second modification of agreed final judgment and to order notice to class members () (ph) (Entered: 07/19/1993)

July 16, 1993

July 16, 1993

394

ORDER by Honorable Carl B. Rubin granting motion for order approving second modification of agreed final judgment and to order notice to class members [392-1] (cc: all counsel) () (ph) (Entered: 07/27/1993)

July 16, 1993

July 16, 1993

393

Court Reporter's TRANSCRIPT of Status Conference before Judge Rubin filed by Court Reporter B. Schwab for the following date(s): 7/6/93 (Re: ) (ph) (Entered: 07/19/1993)

July 19, 1993

July 19, 1993

395

AFFIDAVIT of Joseph M. Schmitz ( no pgs: 12) (ph) (Entered: 08/09/1993)

Aug. 9, 1993

Aug. 9, 1993

396

ORDER by Honorable Carl B. Rubin granting motion to modify consent decree [387-1]; Consent Decree modified in accordance with this order; dismissing case (cc: all counsel) ( no pgs: 2) (ph) (Entered: 08/17/1993)

Aug. 17, 1993

Aug. 17, 1993

397

ORDER/SECOND AGREED MODIFICATION OF AGREED FINAL JUDGMENT by Honorable Carl B. Rubin (cc: all counsel) () (ph) (Entered: 09/28/1993)

Sept. 28, 1993

Sept. 28, 1993

398

JOINT MOTION to extend time to file attorney fees ( no pgs: 3) (ss) (Entered: 10/20/1993)

Oct. 19, 1993

Oct. 19, 1993

NOTATION ORDER by Honorable Carl B. Rubin granting motion to extend time to file attorney fees [398-1] (cc: all counsel) (ph) (Entered: 10/25/1993)

Oct. 22, 1993

Oct. 22, 1993

399

JOINT MOTION by defendant and plaintiff to extend time until 12/6/93 to seek attorney fees ( no pgs: 3) (ph) (Entered: 11/26/1993)

Nov. 24, 1993

Nov. 24, 1993

NOTATION ORDER by Honorable Carl B. Rubin granting motion to extend time until 12/6/93 to seek attorney fees [399-1] (cc: all counsel) (ph) (Entered: 11/29/1993)

Nov. 29, 1993

Nov. 29, 1993

400

MOTION by plaintiff for attorney fees ( no pgs: 23+) (ss) (Entered: 12/08/1993)

Dec. 6, 1993

Dec. 6, 1993

401

JOINT MOTION by defendant and plaintiff to extend time until 1/10/94 for deft to file memorandum regarding pltf's motion for attorney fees ( no pgs: 3) (ph) (Entered: 12/20/1993)

Dec. 17, 1993

Dec. 17, 1993

402

MEMORANDUM by defendant in opposition to [400-1] ( no pgs: 266) (ph) (Entered: 01/10/1994)

Jan. 10, 1994

Jan. 10, 1994

NOTATION ORDER by Honorable Carl B. Rubin granting motion to extend time 10 days to file reply brief [403-1] (cc: all counsel) (ph) (Entered: 01/27/1994)

Jan. 27, 1994

Jan. 27, 1994

404

REPLY by plaintiff to response to motion for attorney fees [400-1] ( no pgs: 47) (ph) (Entered: 02/02/1994)

Jan. 31, 1994

Jan. 31, 1994

NOTATION ORDER by Honorable Carl B. Rubin denying motion to extend time until 1/10/94 for deft to file memorandum regarding pltf's motion for attorney fees [401-1] as MOOT. (cc: all counsel) (ph) (Entered: 03/22/1994)

March 21, 1994

March 21, 1994

Deposition of Roger E. Friedmann by pltf (ph) (Entered: 04/12/1994)

April 7, 1994

April 7, 1994

405

MOTION by plaintiff to strike paragraphs 6 & 7 of Roger E. Friedmann's Affidavit ( no pgs: 11) (ph) (Entered: 04/12/1994)

April 7, 1994

April 7, 1994

406

MEMORANDUM by defendant in opposition to [405-1] ( no pgs: 2) (ph) (Entered: 04/13/1994)

April 12, 1994

April 12, 1994

407

ORDER by Honorable Carl B. Rubin granting motion for attorney fees [400-1]; defts are ordered to pay to pltf's counsel the sum of $54,066.57. (cc: all counsel) ( no pgs: 6) (ph) (Entered: 04/15/1994)

April 15, 1994

April 15, 1994

408

JUDGMENT: by Clerk pursuant to document 407. (cc: all counsel) ( no pgs: 1) (ph) (Entered: 04/15/1994)

April 15, 1994

April 15, 1994

NOTATION ORDER by Honorable Carl B. Rubin denying motion to strike paragraphs 6 & 7 of Roger E. Friedmann's Affidavit [405-1] as MOOT (cc: all counsel) (ph) (Entered: 04/21/1994)

April 21, 1994

April 21, 1994

409

NOTICE OF APPEAL by defendant from Dist. Court decision, [408-1] of 4/15/93 ( no pgs: 2) (ph) (Entered: 05/17/1994)

May 13, 1994

May 13, 1994

APPEAL FEE pd in amount of $ 105.00 ( Receipt # 130188) (ph) (Entered: 05/17/1994)

May 13, 1994

May 13, 1994

410

NOTICE OF APPEAL by plaintiff from Dist. Court decision, [408-1] of 4/15/94 ( no pgs: 2) (ph) (Entered: 05/21/1994)

May 19, 1994

May 19, 1994

APPEAL NOTIFICATION issued CA., Packet issued for appeal 409 and 4l0 (ah) (Entered: 05/25/1994)

May 25, 1994

May 25, 1994

TRANSCRIPT ORDER FORM by Defts (ph) (Entered: 06/07/1994)

June 6, 1994

June 6, 1994

APPEAL NOTIFICATION issued CA. (ah) (Entered: 06/09/1994)

June 7, 1994

June 7, 1994

411

RECEIPT OF USCA APPEAL NUMBER - Number Assigned: 94-3579 (ah) (Entered: 06/09/1994)

June 7, 1994

June 7, 1994

412

INFORMATION COPY of USCA 6th: appeal [410-1], appeal [409-1 is REVERSED and REMANDED (ah) (Entered: 08/24/1995)

Aug. 24, 1995

Aug. 24, 1995

414

ATTORNEY SUBSTITUTION: terminating attorney Robert Edward Taylor for Joseph M DeCourcy and substituting attorney Philip Lewis Zorn Jr. ( no pgs: 1) (vp) (Entered: 05/17/1996)

May 16, 1996

May 16, 1996

415

ORDER by Judge Sandra S. Beckwith that defts pay pltf's counsel the sum of $52,249.07 (cc: all counsel) ( no pgs: 3) (ph) (Entered: 07/09/1996)

July 9, 1996

July 9, 1996

416

JUDGMENT: by Clerk pursuant to document 415 (cc: all counsel) ( no pgs: 1) (ph) (Entered: 07/09/1996)

July 9, 1996

July 9, 1996

417

MOTION by plaintiff to substitute attorney ( no pgs: 4) (ph) (Entered: 08/26/1996)

Aug. 23, 1996

Aug. 23, 1996

418

RESPONSE by defendant Joseph M DeCourcy to motion to substitute attorney [417-1] ( no pgs: 1) (vp) (Entered: 09/13/1996)

Sept. 12, 1996

Sept. 12, 1996

419

ORDER by Judge Sandra S. Beckwith granting motion to substitute attorney [417-1]; terminating attorneys Stephen Hart Olden Jennifer Lynn Branch and John Egnew Schrider Jr. for James Heath and substituting attorney Robert Franklin Laufman (cc: all counsel) ( no pgs: 1) (ph) (Entered: 09/16/1996)

Sept. 16, 1996

Sept. 16, 1996

420

NOTICE of substitution of trial counsel by deft James W Harper replacing Phillip L Zorn Jr ( pgs: 2) (lw) Modified on 04/03/1998 (Entered: 04/03/1998)

April 1, 1998

April 1, 1998

420

ATTORNEY SUBSTITUTION: terminating attorney Philip Lewis Zorn Jr. for Joseph M DeCourcy and substituting attorney James W Harper( no pgs: 2) (lw) (Entered: 04/06/1998)

April 1, 1998

April 1, 1998

Case Details

State / Territory: Ohio

Case Type(s):

Jail Conditions

Key Dates

Filing Date: Dec. 15, 1976

Case Ongoing: No

Plaintiffs

Plaintiff Description:

inmates at the Hamilton County Justice Complex

Public Interest Lawyer: Yes

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Hamilton County, Ohio (Hamilton), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Due Process: Substantive Due Process

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: 1985 - 0

Issues

General:

Assault/abuse by staff

Classification / placement

Disciplinary procedures

Fire safety

Recreation / Exercise

Sanitation / living conditions

Staff (number, training, qualifications, wages)

Visiting

Crowding:

Crowding / caseload

Pre-PLRA Population Cap

Medical/Mental Health:

Medical care, general

Type of Facility:

Government-run