Case: Terry v. Hill

4:01-cv-00458 | U.S. District Court for the Eastern District of Arkansas

Filed Date: July 7, 2001

Clearinghouse coding complete

Case Summary

On July 7, 2001, the American Civil Liberties Union of Arkansas filed suit in the United States District Court, Eastern District of Arkansas under 42 U.S.C. § 1983 against the Director of the Arkansas Division of Mental Health Services and the Sheriff of Sebastian County Jail, for violation of an inmate's due process rights to mental illness treatment of a pretrial detainee with a history of serious mental illness. The inmate was held in pretrial detention without a date set for trial while hi…

On July 7, 2001, the American Civil Liberties Union of Arkansas filed suit in the United States District Court, Eastern District of Arkansas under 42 U.S.C. § 1983 against the Director of the Arkansas Division of Mental Health Services and the Sheriff of Sebastian County Jail, for violation of an inmate's due process rights to mental illness treatment of a pretrial detainee with a history of serious mental illness. The inmate was held in pretrial detention without a date set for trial while his mental condition deteriorated. He remained in jail fully seven months after a forensic psychologist found him incompetent to stand trial and recommended he be committed to the Arkansas State Hospital (ASH).

Upon investigating the detainee's case, the ASH admission delay problem was discovered to involve over 100 prisoners. On November 9, 2001, the United States District Court for the Eastern District of Arkansas (Judge Stephen M. Reasoner) certified a class of all pretrial detainees who had been ordered to ASH for forensic mental evaluation and those committed to ASH to restore their mental competency. On May 6, 2002, the class action was filed under 42 U.S.C. § 1983 against the Arkansas Department of Human Services and the Deputy Director of the Division of Mental Health Services, alleging that defendants violated the rights of these mentally ill pretrial detainees by failing to timely order mental health evaluations or to have detainees be promptly admitted to the Arkansas State Hospital (ASH) according to the urgency of their mental health needs. The Court found that the State had a duty to provide for the support of the mentally ill and that ASH had a duty to provide evaluation and treatment to jail inmates. The Court found for the plaintiffs on the issue of liability, finding specifically that the admission waiting period was so delayed that it amounted to a violation of plaintiffs' constitutional rights to due process under the Fourteenth Amendment. It then ordered a subsequent hearing date to address the appropriate remedy. Terry v. Hill et al., 232 F.Supp.2d 934 (E.D.Ark. 2002). After two years of proposed settlements, objections, substitutions of judges and counsel, proceedings for attorneys' fees and costs, the final settlement order was approved by the Court on September 13, 2004 and the case was administratively terminated without prejudice to the right of the parties to reopen for good cause shown.

Summary Authors

Rebecca Bloch (3/1/2006)

People


Judge(s)

Reasoner, Stephen M. (Arkansas)

Wilson, Billy [William] Roy [Jr.] (Arkansas)

Attorneys(s) for Plaintiff

Brownstein, Bettina E. (Arkansas)

James, Paul Joseph (Arkansas)

Attorneys(s) for Defendant

Fuqua, David M. (Arkansas)

Rainwater, Michael R. (Arkansas)

Sexton, Robert M. (Arkansas)

Thalheimer, Lee S. (Arkansas)

Wills, Frank J. III (Arkansas)

Judge(s)

Reasoner, Stephen M. (Arkansas)

Wilson, Billy [William] Roy [Jr.] (Arkansas)

Attorneys(s) for Plaintiff

Brownstein, Bettina E. (Arkansas)

James, Paul Joseph (Arkansas)

Attorneys(s) for Defendant

Fuqua, David M. (Arkansas)

Rainwater, Michael R. (Arkansas)

Sexton, Robert M. (Arkansas)

Thalheimer, Lee S. (Arkansas)

Wills, Frank J. III (Arkansas)

Documents in the Clearinghouse

Document

4:01-cv-00458

Docket (PACER)

Sept. 30, 2004

Sept. 30, 2004

Docket
38

4:01-cv-00458

Memorandum Opinion

232 F.Supp.2d 934

May 6, 2002

May 6, 2002

Order/Opinion

Resources

Docket

Last updated July 24, 2022, 3:05 a.m.

ECF Number Description Date Link Date / Link
2

MOTION by plaintiffs for temporary restraining order , and for preliminary injunction (tjj) Modified on 07/17/2001 (Entered: 07/16/2001)

July 16, 2001

July 16, 2001

3

BRIEF by plaintiffs in support of motion for temporary restraining order [2-1], and motion for preliminary injunction [2-2] (tjj) (Entered: 07/16/2001)

July 16, 2001

July 16, 2001

4

RETURN OF SERVICE executed upon defendant Richard Hill on 7/17/01 (bsm) (Entered: 07/23/2001)

July 20, 2001

July 20, 2001

5

ANSWER by deft Frank Atkinson (tjj) (Entered: 07/31/2001)

July 30, 2001

July 30, 2001

6

RESPONSE by deft Frank Atkinson to motion for temporary restraining order [2-1] and motion for preliminary injunction [2-2] (tjj) (Entered: 07/31/2001)

July 30, 2001

July 30, 2001

7

NOTICE (DOC) setting motion for temporary restraining order [2- 1]/preliminary injunction [2-2] at 9:30 on 8/23/01 (tjj) (Entered: 08/01/2001)

Aug. 1, 2001

Aug. 1, 2001

8

ANSWER by deft Richard Hill (tjj) (Entered: 08/07/2001)

Aug. 6, 2001

Aug. 6, 2001

9

REVISED NOTICE/ORDER of hearing (DOC) setting motion for temporary restraining order [2-1] and for preliminary injunction [2-2] at 9:30 8/30/01 (cc: all counsel) (tjj) (Entered: 08/07/2001)

Aug. 6, 2001

Aug. 6, 2001

10

MOTION by plaintiff for class certification (bmt) (Entered: 08/21/2001)

Aug. 21, 2001

Aug. 21, 2001

11

BRIEF by plaintiff in support of motion for class certification [10-1] (bmt) (Entered: 08/21/2001)

Aug. 21, 2001

Aug. 21, 2001

12

SUPPLEMENTAL RESPONSE by deft Frank Atkinson to pltf's motion for temporary restraining order [2-1] (tjj) (Entered: 08/27/2001)

Aug. 27, 2001

Aug. 27, 2001

13

AFFIDAVIT of Randy Morgan by plaintiff as a supplement to motion for class certification [10-1] (bmt) (Entered: 08/29/2001)

Aug. 29, 2001

Aug. 29, 2001

14

RESPONSE by deft Frank Atkinson to motion for class certification [10- 1] (tjj) (Entered: 08/30/2001)

Aug. 30, 2001

Aug. 30, 2001

15

CLERK'S MINUTES: Scheduling conference was held. Order will be entered setting out deadline dates. (Ct. Reporter: Genie Power) (former empl) Modified on 09/06/2001 (Entered: 09/04/2001)

Aug. 30, 2001

Aug. 30, 2001

16

MOTION by plaintiff to amend class action complt and to supplement motion for class certification (bmt) Modified on 11/06/2001 (Entered: 09/06/2001)

Aug. 30, 2001

Aug. 30, 2001

17

SCHEDULING ORDER (DOC) purs to the hearing held 8/30/01, trial is set for 9:30 am on 12/10/01 in Little Rock; discovery is due by 10/5/01; objections to class certification are to be filed by 10/17/01; pltf's reply to any objections to class certification shall be filed by 10/24/01; class action hearing is set for 9:30 am on 11/8/01 in Little Rock; simultaneous briefs shall be filed 11/19/01 with simultaneous reply briefs being filed 11/30/01 (cc: all counsel) (tjj) Modified on 09/05/2001 (Entered: 09/05/2001)

Sept. 4, 2001

Sept. 4, 2001

18

ORDER by Judge Stephen M. Reasoner granting motion to amend class action complt [16-1]; pltf is directed to file the proposed amended complaint within 5 days of the entry of this order (cc: all counsel) (tjj) (Entered: 09/19/2001)

Sept. 19, 2001

Sept. 19, 2001

19

SUPPLEMENTAL CLASS action and individual complaint [1-1] by plaintiff James M Terry adding addl pltf Howard Erler and deft Buck Byford (bmt) (Entered: 09/25/2001)

Sept. 24, 2001

Sept. 24, 2001

20

ANSWER to amended complaint by deft Frank Atkinson (tjj) (Entered: 10/01/2001)

Oct. 1, 2001

Oct. 1, 2001

21

SUPPLEMENT by pltf James M Terry to motion for class certification by filing affidavit of Rodney Bailey [10-1] (bmt) (Entered: 10/25/2001)

Oct. 25, 2001

Oct. 25, 2001

22

RESPONSE by defendant Richard Hill to motion for class certification [10-1] (bmt) (Entered: 11/07/2001)

Nov. 7, 2001

Nov. 7, 2001

23

CLERK'S MINUTES: Hearing was held on plaintiffs' motion for class certification and at the conclusion of the hearing, the motion was granted. Order to be entered. (Ct. Reporter: Genie Power) Granting motion for class certification [10-1]; finding the motion for temporary restraining order [2-1] moot; finding the motion for preliminary injunction [2-2] moot. (former empl) (Entered: 11/09/2001)

Nov. 8, 2001

Nov. 8, 2001

24

ORDER by Judge Stephen M. Reasoner granting motion for class certification [10-1]; Scheduling Order entered 9/5/01 is modified to eliminate the requirement of simultaneous briefs and reply briefs; parties are directed to file findings and fact and conclusions of law on or before 11/30/01; trial briefs should be submitted to the Court on or before 12/6/01 along with any stipulations (cc: all counsel) (former empl) Modified on 11/14/2001 (Entered: 11/13/2001)

Nov. 9, 2001

Nov. 9, 2001

25

STIPULATION OF DISMISSAL w/o prej by pltf as to defts Frank Atkinson and Buck Byford (bmt) (Entered: 11/23/2001)

Nov. 21, 2001

Nov. 21, 2001

26

SUPPLEMENT by pltf to motion for class certification by filing affidavits of Phil Mask, Ronnie Baldwin, Leroy Meadows, Jack McCann, Bill Jason, Carl McBee, Phillip Morgan, Larry Kirk, Ray Byrd, Jim Easom, Buck Byford, J R Ashlock, Mike Oglesby, Pat Garrett, Charlie Martin, Dan Johnson, Ben Garner, Dudley Lemon, Richard E Busby & James Robinson [10-1] (bmt) (Entered: 12/07/2001)

Dec. 6, 2001

Dec. 6, 2001

CLERK'S MINUTES: Day 1 - Court trial began. After brief opening statement, testimony began. Court recessed at 5:50 p.m., to resume at 9:30 on 12/11/01. (Ct. Reporter: Genie Power) (former empl) (Entered: 12/11/2001)

Dec. 10, 2001

Dec. 10, 2001

CLERK'S MINUTES: Day 2 of Court trial. Plaintiff's proof continues. Court recessed at 1:15 p.m., to resume on 12/12/01. (Ct. Reporter: Genie Power) (former empl) (Entered: 12/11/2001)

Dec. 11, 2001

Dec. 11, 2001

27

CLERK'S MINUTES: Testimony in court trial ended. An order will be entered setting oral arguments and a briefing schedule if needed. Exhibits were returned to the attorneys. Receipts attached to minutes. (Ct. Reporter: Genie Power) (former empl) Modified on 01/25/2002 (Entered: 12/13/2001)

Dec. 12, 2001

Dec. 12, 2001

28

SCHEDULING ORDER by Judge Stephen M. Reasoner oral arguments scheduled for 9:30 on 1/24/02 in Little Rock (cc: all counsel) (bmt) (Entered: 12/21/2001)

Dec. 20, 2001

Dec. 20, 2001

29

ORDER by Judge Stephen M. Reasoner parties are directed to file additional briefs by 1/22/02 (cc: all counsel) (bmt) (Entered: 01/17/2002)

Jan. 16, 2002

Jan. 16, 2002

30

RESPONSE by plaintiffs to court's order of 1/15/02 [29-2] (bmt) (Entered: 01/22/2002)

Jan. 22, 2002

Jan. 22, 2002

31

SUPPLEMENTAL BRIEF filed by defendant Richard Hill: evidentiary considerations [29-2] (former empl) (Entered: 01/23/2002)

Jan. 22, 2002

Jan. 22, 2002

32

CLERK'S MINUTES: A hearing was held for oral arguments on post trial briefs. At the conclusion of the hearing, the Court took the case decision under advisement. (Ct. Reporter: Genie Power) (former empl) Modified on 01/25/2002 (Entered: 01/25/2002)

Jan. 24, 2002

Jan. 24, 2002

33

MOTION by plaintiffs to dismiss complt against Richard Hill in his individual capacity (bmt) (Entered: 01/28/2002)

Jan. 25, 2002

Jan. 25, 2002

34

ORDER by Judge Stephen M. Reasoner granting motion to dismiss complt against Richard Hill in his individual capacity [33-1] (cc: all counsel) (bmt) (Entered: 01/29/2002)

Jan. 29, 2002

Jan. 29, 2002

35

SUPPLEMENTAL BRIEF filed by pltf on Speer v. City of Wynne, AR [30-1] (bsm) (Entered: 01/30/2002)

Jan. 29, 2002

Jan. 29, 2002

36

COURT REPORTER'S EXCERPTED TRANSCRIPT of trial - volume 1 before Judge Stephen M. Reasoner on 12/10/01 (from direct examination of pltf witness Dr. Larry Miller) (bmt) (Entered: 05/06/2002)

May 6, 2002

May 6, 2002

37

COURT REPORTER'S EXCERPTED TRANSCRIPT of trial - volume 2 before Judge Stephen M. Reasoner on 12/11/01 (from direct examination of pltf's witnesses Skipper Polk and Dr. Robin Ross) (bmt) (Entered: 05/06/2002)

May 6, 2002

May 6, 2002

38

MEMORANDUM OPINION by Judge Stephen M. Reasoner the court finds in favor of pltfs on the issue of liability, finding specifically that pltfs' Constitutional Rights to due process have been violated by the State of Arkansas; the Court will conduct a hearing to address the appropriate remedy at 10:00 a.m. on 6/10/02 in Little Rock; if parties desire to file briefs regarding the remedy, said briefs are to be filed simultaneous on 6/3/02; parties are directed to exchange witness and exhibit list by 6/3/02 (cc: all counsel) (bmt) Modified on 05/08/2002 (Entered: 05/07/2002)

May 6, 2002

May 6, 2002

39

ORDER RESETTING HEARING (DOC) hearing is set for 9:30 9/19/02 to address the appropriate remedy in this matter (cc: all counsel) (bmt) (Entered: 06/14/2002)

June 14, 2002

June 14, 2002

40

MOTION by movant Randy Johnson to intervene purs to Rule 24(b) (bmt) (Entered: 08/20/2002)

Aug. 19, 2002

Aug. 19, 2002

41

BRIEF by movant Randy Johnson in support of motion to intervene purs to Rule 24(b) [40-1] (bmt) (Entered: 08/20/2002)

Aug. 19, 2002

Aug. 19, 2002

42

SCHEDULING ORDER (DOC) hearing reset for 1:30 9/17/02 in Little Rock (cc: all counsel) (bmt) (Entered: 08/23/2002)

Aug. 21, 2002

Aug. 21, 2002

43

RESPONSE by defendant Richard Hill to motion to intervene purs to Rule 24(b) [40-1] (bmt) (Entered: 09/04/2002)

Sept. 3, 2002

Sept. 3, 2002

44

BRIEF in support of pltfs' proposed remedy for constitutional violations (bmt) (Entered: 09/10/2002)

Sept. 10, 2002

Sept. 10, 2002

45

NOTICE by plaintiffs and defendants of filing settlement agreement (bmt) (Entered: 09/17/2002)

Sept. 17, 2002

Sept. 17, 2002

46

ORDER by Judge Stephen M. Reasoner the Court approves the Order for Notice to all class members informing them of the terms of the settlement & notifying them of an opportunity to file any objection to the terms of the settlement (cc: all counsel) (bmt) Modified on 10/08/2002 (Entered: 10/07/2002)

Oct. 4, 2002

Oct. 4, 2002

47

ORDER by Judge Stephen M. Reasoner on 9/27/02 the court tentatively approved the terms of the settlement agreement; the Court orders that the notice of the settlement be given to the members of the class in the form and manner as set forth in this order; notice to each class member is to be mailed by deft w/in 10 days of the entry of this order and state that the members has 30 days from the entry of the order to voice any objection to the court in writing; clerk is directed to sign and date the notice; following the expiration of the 30 days, the court will determine if any further action by the court is needed (cc: all counsel) (bmt) (Entered: 10/07/2002)

Oct. 4, 2002

Oct. 4, 2002

48

OBJECTIONS by Ronald D O'Neal to the proposed settlement agreement [45-1] (bmt) (Entered: 11/19/2002)

Nov. 18, 2002

Nov. 18, 2002

49

MOTION by movant Ronald McJames to extend time to resp to the notice of the proposed settlement agreement (bmt) (Entered: 11/19/2002)

Nov. 19, 2002

Nov. 19, 2002

50

ORDER by Judge Stephen M. Reasoner granting motion to extend time to resp to the notice of the proposed settlement agreement until 12/16/02 [49-1] (cc: all counsel) (bmt) (Entered: 11/26/2002)

Nov. 25, 2002

Nov. 25, 2002

51

MOTION by movant Charles Robinson Jr to extend time to file objection to settlement agreement (bmt) (Entered: 12/02/2002)

Nov. 27, 2002

Nov. 27, 2002

52

MOTION by movant Michael Tyrone Cornice to intervene as a party pltf (bmt) (Entered: 12/06/2002)

Dec. 5, 2002

Dec. 5, 2002

53

RESPONSE by movant Ronald McJames to notice of proposed settlement agreement [45-1] (bmt) (Entered: 12/11/2002)

Dec. 10, 2002

Dec. 10, 2002

54

OBJECTIONS by Ronald D O'Neal to the settlement agreement [45-1] (bmt) (Entered: 12/18/2002)

Dec. 17, 2002

Dec. 17, 2002

55

MOTION by movant Michael Tyrone Cornice to compel discovery (bmt) (Entered: 12/20/2002)

Dec. 19, 2002

Dec. 19, 2002

56

OBJECTIONS by movant Michael Tyrone Cornice to notice of proposed settlement of class action [45-1] (bmt) (Entered: 12/20/2002)

Dec. 19, 2002

Dec. 19, 2002

57

RESPONSE by plaintiffs to motion to intervene as a party pltf of Michael Tyrone Cornice [52-1] (bmt) (Entered: 01/13/2003)

Jan. 13, 2003

Jan. 13, 2003

58

RESPONSE by plaintiffs to motion to compel discovery [55-1] (bmt) (Entered: 01/13/2003)

Jan. 13, 2003

Jan. 13, 2003

59

JOINT RESPONSE by pltfs James M Terry and Howard Erler to objections of Ronald D O'Neal, Ronald D McJames and Michael Tyrone Cornice [48-1] [53-1] [54-1] [56-1] (bmt) (Entered: 01/13/2003)

Jan. 13, 2003

Jan. 13, 2003

60

ORDER by Judge Stephen M. Reasoner the parties advised the court that they have reached an agreement concerning the payment by deft of pltfs' atty fees and costs in the total amount of $52,595.52 to the firm of James & Carter and $82,437.90 to the firm of Wright, Lindsey & Jennings LLP; Deft shall also pay expert witness fees in the amount of $16,200.00 to Robin Ross, MD; the request for expert fees submitted by Richard Smith, MD is still pending; the Court also approves the parties' agreement for the payment of these attys' fees, costs, and Dr. Ross' expert witness fees; the Court finds no further action is required and the settlement agreement is approved in all respects and shall be filed of record with the Court; this Court retains jurisdiction to enforce its orders (cc: all counsel) (bmt) Modified on 01/15/2003 (Entered: 01/14/2003)

Jan. 14, 2003

Jan. 14, 2003

61

NOTICE by defendant of filing Report to Court (bmt) (Entered: 01/16/2003)

Jan. 15, 2003

Jan. 15, 2003

62

ORDER by Judge Stephen M. Reasoner denying motions to compel discovery [55-1] and to intervene as a party pltf by Michael T Cornice [52-1] (cc: all counsel) (bmt) (Entered: 01/16/2003)

Jan. 16, 2003

Jan. 16, 2003

63

RESPONSE by plaintiffs to 1/15/03 report to Court of Division of Mental Health Services [61-1] (bmt) (Entered: 01/24/2003)

Jan. 23, 2003

Jan. 23, 2003

64

OBJECTIONS by movant Ronald McJames to response to 1/15/03 report [63-1] (bmt) (Entered: 01/27/2003)

Jan. 27, 2003

Jan. 27, 2003

65

MEMO TO FILE: finding the motion to intervene purs to Rule 24(b) [40- 1] and to extend time to file objection to settlement agreement moot [51- 1] due to the settlement of case (bmt) (Entered: 02/07/2003)

Feb. 6, 2003

Feb. 6, 2003

66

SUPPLEMENTAL OBJECTION by movant Michael Tyrone Cornice to separate party pltfs' atty response to motion to intervene (bmt) (Entered: 02/19/2003)

Feb. 18, 2003

Feb. 18, 2003

67

MOTION by movant Michael Tyrone Cornice to amend complt with supplemental pleadings (bmt) (Entered: 02/19/2003)

Feb. 18, 2003

Feb. 18, 2003

68

NOTICE by defendant Richard Hill of filing report to court (bmt) (Entered: 04/16/2003)

April 15, 2003

April 15, 2003

69

NOTICE by defendant Richard Hill of filing report to court (bmt) (Entered: 06/17/2003)

June 16, 2003

June 16, 2003

70

ORDER by Judge Stephen M. Reasoner denying motion to amend complt with supplemental pleadings [67-1] (cc: all counsel) (bmt) (Entered: 09/10/2003)

Sept. 9, 2003

Sept. 9, 2003

71

NOTICE by defendant Richard Hill of filing report to Court (bmt) (Entered: 09/16/2003)

Sept. 15, 2003

Sept. 15, 2003

72

MAIL Returned addressed to movant Charles Robinson Jr [70-1] (marked - refused) (bmt) (Entered: 09/23/2003)

Sept. 23, 2003

Sept. 23, 2003

73

MAIL Returned addressed to movant Michael Tyrone Cornice [70-1] (marked - refused) (bmt) (Entered: 09/23/2003)

Sept. 23, 2003

Sept. 23, 2003

74

LETTER to court from movant Michael Tyrone Cornice (bmt) (Entered: 12/02/2003)

Nov. 24, 2003

Nov. 24, 2003

74

MOTION by movant Michael Tyrone Cornice for jury trial (bmt) (Entered: 12/02/2003)

Nov. 24, 2003

Nov. 24, 2003

75

MOTION by movant Michael Tyrone Cornice to amend complt (bmt) (Entered: 12/15/2003)

Dec. 12, 2003

Dec. 12, 2003

76

REQUEST by movant Michael Tyrone Cornice for production of documents (bmt) (Entered: 12/16/2003)

Dec. 16, 2003

Dec. 16, 2003

77

ORDER by Judge Stephen M. Reasoner denying motions for jury trial [74-1] and to amend complt [75-1] (cc: all counsel) (bmt) (Entered: 12/31/2003)

Dec. 30, 2003

Dec. 30, 2003

78

MAIL Returned addressed to movant Charles Robinson Jr [76-1] (marked - attempted, not known) (bmt) (Entered: 01/07/2004)

Jan. 5, 2004

Jan. 5, 2004

79

NOTICE by defendant Richard Hill of filing report to Court (bmt) (Entered: 01/14/2004)

Jan. 14, 2004

Jan. 14, 2004

80

MAIL Returned addressed to movant Charles Robinson Jr [77-1] (marked - refused) (bmt) (Entered: 01/23/2004)

Jan. 23, 2004

Jan. 23, 2004

81

MAIL Returned addressed to objector Ronald D O'Neal [77-1] (marked - refused) (bmt) (Entered: 01/23/2004)

Jan. 23, 2004

Jan. 23, 2004

83

NOTICE by defendant Richard Hill of filing report to Court (bmt) (Entered: 04/21/2004)

April 21, 2004

April 21, 2004

84

NOTICE by defendant Richard Hill of filing report to Court (bmt) (Entered: 07/16/2004)

July 15, 2004

July 15, 2004

85

ORDER OF REASSIGNMENT (DOC) Case reassigned to Judge William R. Wilson (cc: all counsel) (rjh) Modified on 08/24/2004 (Entered: 08/24/2004)

Aug. 24, 2004

Aug. 24, 2004

86

MAIL returned addressed to movant Ronald McJames [85-1] [85-2] marked "Refused, Return to Sender" (rjh) (Entered: 09/08/2004)

Sept. 7, 2004

Sept. 7, 2004

87

MOTION by defendant to substitute attorney Lee Thalheimer in place of Frank J. Wills III (bsm) (Entered: 09/09/2004)

Sept. 8, 2004

Sept. 8, 2004

88

MAIL Returned addressed to Michael Tyrone Cornice, Pulaski Cty Detention Facility, marked "refused- return to sender" [85-1] [85-2] (Order of 8/24/04) (bsm) Modified on 09/09/2004 (Entered: 09/09/2004)

Sept. 8, 2004

Sept. 8, 2004

89

MAIL Returned addressed to Ronald D O'Neal, Pulaski Cty Detention Facility, marked "refused - return to sender" [85-1] [85-2] (Order of 8/24/04) (bsm) (Entered: 09/09/2004)

Sept. 8, 2004

Sept. 8, 2004

CLERK'S MINUTES: Telephone conference w/parties; order to be entered administratively terminating case (C. Newburg) (maj) (Entered: 09/10/2004)

Sept. 9, 2004

Sept. 9, 2004

90

ORDER by Judge William R. Wilson granting motion to substitute attorney Lee Thalheimer in place of Frank J. Wills III for deft Richard Hill [87-1] (cc: all counsel) (bsm) (Entered: 09/13/2004)

Sept. 10, 2004

Sept. 10, 2004

91

ORDER by Judge J. L. Holmes that the final report has been filed and parties agree that no further reports are required under the settlement agreement and therefore Court finds that the case should be administratively terminated; Clerk is directed to administratively terminate the action w/out prej to the right of the parties to re-open the proceedings for good cause shown; terminating case (cc: all counsel) (bsm) Modified on 09/16/2004 (Entered: 09/14/2004)

Sept. 13, 2004

Sept. 13, 2004

92

MAIL Returned addressed to Ronald D O'Neal, Michael Tyrone Cornice, Ronald McJames and Charles Robinson Jr., Pulaski Cty Detention Facility marked "refused" [91-1] [91-2] (Order of 9/13/04) (bsm) (Entered: 09/29/2004)

Sept. 28, 2004

Sept. 28, 2004

93

MAIL Returned addressed to Ronald McJames, Ronald D O'Neal, Charles Robinson Jr and Michael Tyrone Cornice [90-1] marked "refused" (copy of 9/10/04 Order) (bsm) Modified on 10/05/2004 (Entered: 10/01/2004)

Sept. 30, 2004

Sept. 30, 2004

Case Details

State / Territory: Arkansas

Case Type(s):

Jail Conditions

Key Dates

Filing Date: July 7, 2001

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

pretrial detainees who had been ordered to ASH for forensic mental evaluation and those committed to ASH to restore their mental competency

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State Mental Health Services (Sebastian), State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

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

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2004 - 0

Issues

Medical/Mental Health:

Mental health care, general

Type of Facility:

Government-run