Case: Hill v. Pulaski County

4:79-cv-00465 | U.S. District Court for the Eastern District of Arkansas

Filed Date: Oct. 25, 1979

Closed Date: 2000

Clearinghouse coding complete

Case Summary

On October 25, 1979, inmates of the Pulaski County Jail in Arkansas filed a class action lawsuit under 42 U.S.C. § 1983 in the United States District Court for the Eastern District of Arkansas challenging the conditions of that facility. In 1985, the parties entered into a consent decree that established population limits for the jail and required the sheriff of Pulaski County to notify the Court if anyone attempted to contravene the agreement. Test2 On November 10, 1988, the sheriff filed noti…

On October 25, 1979, inmates of the Pulaski County Jail in Arkansas filed a class action lawsuit under 42 U.S.C. § 1983 in the United States District Court for the Eastern District of Arkansas challenging the conditions of that facility. In 1985, the parties entered into a consent decree that established population limits for the jail and required the sheriff of Pulaski County to notify the Court if anyone attempted to contravene the agreement. Test2

On November 10, 1988, the sheriff filed notice with the District Court alleging that a state court judge had issued contempt orders when the sheriff refused to accept prisoners in contravention of the agreement. The District Court then reopened the 1985 decree for the limited purposes of dealing with compliance problems and joined the state court judge as a third party defendant for injunctive purposes. The judge then filed for a writ of prohibition in the United States Court of Appeals for the Eighth Circuit, to prevent the District Court from joining him as a party for injunctive relief. The Eighth Circuit (Judge Donald Pomery Lay) denied the writ, finding no extraordinary circumstances to warrant the grant. Lofton v. U.S. Dist. Court for E.D. of Arkansas, 882 F.2d 300 (8th Cir. 1989). In November of 1989, the District Court (Judge George Howard Jr.) granted a motion to modify the consent decree for a temporary period, but the docket does not specify the conditions thereof. Procedural activity continued with respect to jurisdiction of the court, substitution of counsel, etc. and the case was terminated in June of 2000.

 

Summary Authors

Rebecca Bloch (3/22/2006)

People


Judge(s)

Howard, George Jr. (Arkansas)

Lay, Donald Pomery (Minnesota)

Attorneys(s) for Plaintiff

Brown, Darrell F. (Arkansas)

Jackson, Robert K. (Arkansas)

Lassiter, Jack T. (Arkansas)

Quiggle, Richard (Arkansas)

Attorneys(s) for Defendant

Burnett, Karla Moore (Arkansas)

Carpenter, Thomas M. (Arkansas)

Davis, Nelwyn L. (Arkansas)

Hall, John Wesley Jr. (Arkansas)

Judge(s)

Howard, George Jr. (Arkansas)

Lay, Donald Pomery (Minnesota)

Attorneys(s) for Plaintiff

Brown, Darrell F. (Arkansas)

Jackson, Robert K. (Arkansas)

Lassiter, Jack T. (Arkansas)

Quiggle, Richard (Arkansas)

Attorneys(s) for Defendant

Burnett, Karla Moore (Arkansas)

Carpenter, Thomas M. (Arkansas)

Davis, Nelwyn L. (Arkansas)

Hall, John Wesley Jr. (Arkansas)

Mitchell, Amanda Mankin (Arkansas)

Stodola, Mark A. (Arkansas)

Vaught, Larry D. (Arkansas)

Walker, Pamela D. (Arkansas)

Documents in the Clearinghouse

Document

4:79-cv-00465

Docket (PACER)

June 13, 2000

June 13, 2000

Docket

89-01442

Reported Opinion

Lofton v. U.S.District Court for the Eastern District of Arkansas

U. S. Court of Appeals for the Eighth Circuit

882 F.2d 300

Aug. 2, 1989

Aug. 2, 1989

Order/Opinion

Resources

Docket

Last updated June 5, 2022, 3:04 a.m.

ECF Number Description Date Link Date / Link
1049

MOTION by Louie Caudell and City of Little Rock to expedite hearing (plm) Modified on 09/18/1992 (Entered: 09/22/1989)

Sept. 18, 1989

Sept. 18, 1989

1050

BRIEF by Louie Caudell and City of Little Rock in support of motion to expedite hearing [1049-1] (plm) Modified on 09/18/1992 (Entered: 09/22/1989)

Sept. 18, 1989

Sept. 18, 1989

1051

MOTION by Louie Caudell and City of Little Rock for preliminary injunction (plm) Modified on 09/18/1992 (Entered: 09/22/1989)

Sept. 18, 1989

Sept. 18, 1989

1052

Response by defendant Pulaski County Arkansas to motion to expedite hearing [1049-1] (plm) Modified on 09/18/1992 (Entered: 09/22/1989)

Sept. 21, 1989

Sept. 21, 1989

1053

Response by defendant Pulaski County Arkansas to motion for preliminary injunction [1051-1] (plm) Modified on 09/18/1992 (Entered: 09/22/1989)

Sept. 21, 1989

Sept. 21, 1989

1054

BRIEF by defendant Pulaski County Arkansas in support of motion response [1053-1] (plm) Modified on 09/18/1992 (Entered: 09/22/1989)

Sept. 21, 1989

Sept. 21, 1989

1055

Response by plaintiff to motion to expedite hearing [1049-1], motion for preliminary injunction [1051-1] (plm) (Entered: 10/03/1989)

Oct. 2, 1989

Oct. 2, 1989

1056

ORDER by Judge George Howard Jr. denying motion to expedite hearing [1049-1]resetting the merged hearing for motion for preliminary injunction [1051-1] to 9:30 10/12/89 (cc: all counsel) (plm) (Entered: 10/07/1989)

Oct. 5, 1989

Oct. 5, 1989

1057

MOTION by plaintiffs and defendant Pulaski County to modify the consent decree (plm) Modified on 10/30/1992 (Entered: 10/10/1989)

Oct. 10, 1989

Oct. 10, 1989

1058

BRIEF by plaintiffs and defendant Pulaski County in support of motion to modify the consent decree [1057-1] (plm) (Entered: 10/10/1989)

Oct. 10, 1989

Oct. 10, 1989

1059

ORDER by Judge George Howard Jr. ; Prel/perm injunction hearing is rescheduled for 9:30 11/3/89 (cc: all counsel) (plm) (Entered: 10/13/1989)

Oct. 12, 1989

Oct. 12, 1989

1060

MOTION by defendant Pulaski County Arkansas to substitute attorney Larry Vaught in place of Robert K. Jackson & Stephen L. Curry (plm) Modified on 09/18/1992 (Entered: 10/19/1989)

Oct. 18, 1989

Oct. 18, 1989

1061

ORDER by Judge George Howard Jr. granting motion to substitute attorney Larry Vaught in place of Robert K. Jackson & Stephen L. Curry [1060-1] (cc: all counsel) (plm) (Entered: 10/19/1989)

Oct. 19, 1989

Oct. 19, 1989

1062

FORMAL Response by defendant Little Rock, City of to motion to modify the consent decree [1057-1] (plm) (Entered: 10/27/1989)

Oct. 25, 1989

Oct. 25, 1989

1063

Reply by defendant Pulaski County Arkansas to response to motion to modify the consent decree [1057-1] (plm) Modified on 09/18/1992 (Entered: 11/01/1989)

Oct. 30, 1989

Oct. 30, 1989

1064

CLERK'S MINUTES:hearing held on joint motion to modify consent decree. Court took under advisement. (former empl) (Entered: 11/03/1989)

Nov. 3, 1989

Nov. 3, 1989

1065

ORDER by Judge George Howard Jr. granting motion to modify the consent decree for a period of 90 days upon the conditions stated in this order. In all other respects, the consent decree of 4-8-85 is in full force & effect. [1057-1] (cc: all counsel) (plm) (Entered: 11/07/1989)

Nov. 6, 1989

Nov. 6, 1989

1066

Notice by defendant Pulaski County Arkansas of filing report on progress towards new jail (former empl) Modified on 09/18/1992 (Entered: 02/05/1990)

Feb. 5, 1990

Feb. 5, 1990

1067

Notice by defendants and plaintiffs of filing report on double bunking (former empl) Modified on 09/03/1996 (Entered: 02/05/1990)

Feb. 5, 1990

Feb. 5, 1990

1068

Notice by defendant Pulaski County Arkansas of filing of second report on progress towards the new jail. (plm) (Entered: 03/16/1990)

March 16, 1990

March 16, 1990

1069

SECOND joint report of plaintiffs & defendant Pulaski County on double bunking. (plm) (Entered: 03/16/1990)

March 16, 1990

March 16, 1990

1070

MOTION by plaintiff Chris Hall & Larry Farlow in case LR-C-90-8 to consolidate cases (plm) (Entered: 04/04/1990)

April 3, 1990

April 3, 1990

1071

Response by defendant Pulaski County Arkansas to motion to consolidate cases [1070-1] (former empl) Modified on 09/18/1992 (Entered: 04/04/1990)

April 4, 1990

April 4, 1990

1072

BRIEF by defendant Pulaski County Arkansas in support of motion response [1071-1] (former empl) Modified on 09/18/1992 (Entered: 04/04/1990)

April 4, 1990

April 4, 1990

1073

Response by plaintiff to motion to consolidate cases [1070-1] (plm) (Entered: 04/09/1990)

April 6, 1990

April 6, 1990

1074

Response by defendant Little Rock, City of to motion to consolidate cases [1070-1] (plm) (Entered: 04/09/1990)

April 9, 1990

April 9, 1990

1075

ORDER by Judge George Howard Jr. denying motion to consolidate cases [1070-1] Clerk is directed to file a copy of this order in Hall to reflect that the 2-7-90 mot filed there is denied as moot. (cc: all counsel) (plm) (Entered: 04/23/1990)

April 20, 1990

April 20, 1990

1076

THIRD joint report of pltfs and deft Pulaski County on double bunking. (plm) (Entered: 05/15/1990)

May 15, 1990

May 15, 1990

1077

ORDER by Judge George Howard Jr. pursuant to the status reports filed by the parties, double bunking in A pod will continue for an additional 6 months, with reports from the pltfs & deft every 90 days (cc: all counsel) (EOD 5/24/90) (bfw) (Entered: 05/24/1990)

May 24, 1990

May 24, 1990

1078

Notice by plaintiffs and defendants of filing fourth joint report on double bunking (former empl) Modified on 09/18/1992 (Entered: 08/28/1990)

Aug. 27, 1990

Aug. 27, 1990

1079

ORDER by Judge George Howard Jr. parties directed to file status report on double bunking and progress on new jail w/i 15 days of this order. (cc: all counsel) (maj) (Entered: 04/11/1991)

April 10, 1991

April 10, 1991

1080

JOINT status report by plaintiffs and defendant Pulaski County on double bunking and progress toward new jail. (former empl) (Entered: 04/17/1991)

April 16, 1991

April 16, 1991

1081

ORDER by Judge George Howard Jr. authorizing double bunking in " A Pod" of the Pulaski County Jail for an additional year, with joint reports due every 6 months. (cc: all counsel) (former empl) (Entered: 04/18/1991)

April 17, 1991

April 17, 1991

1082

CLERK'S MINUTES: taking under advisement on 9/21/89 motion for preliminary injunction [1051-1] (plm) (Entered: 05/30/1991)

May 30, 1991

May 30, 1991

1083

MOTION by third-party defendant Little Rock, City of to substitute attorney Thomas M. Carpenter in place of Mark A. Stodola; (former empl) (Entered: 06/24/1991)

June 21, 1991

June 21, 1991

1084

ORDER by Judge George Howard Jr. granting motion to substitute attorney Thomas M. Carpenter in place of Mark A. Stodola [1083-1]; withdrawing attorney Mark A. Stodola for Little Rock, City of and substituting Thomas M. Carpenter (cc: all counsel) (former empl) (Entered: 06/24/1991)

June 21, 1991

June 21, 1991

1085

ORDER (DOC) administratively terminating case; upon motion of parties case will be opened for final disposition (cc: all counsel) (EOD 02/10/92) (former empl) (Entered: 02/10/1992)

Feb. 10, 1992

Feb. 10, 1992

1086

TRANSCRIPT (1 volume) of proceedings before the Honorable George Howard, Jr. for the following date: 11/03/89 (former empl) (Entered: 08/11/1992)

Aug. 7, 1992

Aug. 7, 1992

1087

MOTION by movant Carroll Gravett for protective order (bsm) (Entered: 03/08/1993)

March 1, 1993

March 1, 1993

1088

RESPONSE by defendant Pulaski County AR to motion for protective order [1087-1] (bsm) (Entered: 03/08/1993)

March 5, 1993

March 5, 1993

1088

MOTION by defendant Pulaski County AR to dismiss (bsm) (Entered: 03/08/1993)

March 8, 1993

March 8, 1993

1089

RESPONSE by counsel for plaintiffs to motion for protective order [1087-1] (bfw) (Entered: 03/17/1993)

March 16, 1993

March 16, 1993

1090

ORDER by Judge George Howard Jr. dismissed as moot the motion for protective order [1087-1]; granting motion to dismiss [1088-1] (cc: all counsel) (bmt) (Entered: 03/22/1993)

March 19, 1993

March 19, 1993

1091

Notice to the Court and MOTION by defendant Pulaski County AR for hearing (former empl) (Entered: 04/01/1994)

March 30, 1994

March 30, 1994

1093

Report to the Court re housing, room and board of juveniles by defendants Little Rock, City of and Pulaski County AR (jap) (Entered: 04/21/1994)

April 20, 1994

April 20, 1994

1094

Joint Report to the Court re housing of juveniles at NLR facility (jap) (Entered: 04/21/1994)

April 20, 1994

April 20, 1994

CLERK'S MINUTES: hearing held in chambers regarding the Pulaski County Jail. Parties are to file briefs regarding the jurisdiction issue. Plaintiff is to file their brief within 7 days, defendants will have 7 days to respond, and the plaintiff will have 3 days for a reply. (plm) (Entered: 09/12/1994)

Sept. 7, 1994

Sept. 7, 1994

1095

WRITTEN STATUS REPORT by plaintiffs Sam Moore, Billy Hill, Antonio Harriott & Donnie Coleman (former empl) (Entered: 09/21/1994)

Sept. 20, 1994

Sept. 20, 1994

1096

ORDER by Judge George Howard Jr. directing counsel to compare the facts in this case with the Camden case and to file supplemental briefs on the issues of continuing jurisdiction; oral argument scheduled for 1:30 on 1/27/95; Briefs due 12/5/94; the court is appointing Darrell Brown & Marva Davis to assist plaintiffs' counsel with this task (cc: all counsel) (EOD 11/01/94) (former empl) (Entered: 11/01/1994)

Nov. 1, 1994

Nov. 1, 1994

1097

BRIEF filed by defendant Pulaski County AR pursuant to the Court's Order of 11/01/94, regarding authority for continuing jurisdiction (former empl) (Entered: 12/06/1994)

Dec. 5, 1994

Dec. 5, 1994

1098

ORDER by Judge George Howard Jr. reminding counsel that reports to the court should be in pleading form pursuant to FRCP 7(b) (cc: all counsel) (former empl) (Entered: 12/07/1994)

Dec. 6, 1994

Dec. 6, 1994

1099

STATUS REPORT by plaintiffs regarding Court's continuing jurisdiction (former empl) (Entered: 12/19/1994)

Dec. 16, 1994

Dec. 16, 1994

1100

STATUS REPORT by plaintiffs & defendant Pulaski County AR regarding continuing jurisdiction (former empl) (Entered: 12/20/1994)

Dec. 16, 1994

Dec. 16, 1994

1101

MOTION by defendants Little Rock, City of and Louie C. Caudell to dismiss (former empl) (Entered: 01/18/1995)

Jan. 17, 1995

Jan. 17, 1995

1102

BRIEF by defendants Little Rock, City of and Louie C. Caudell in support of motion to dismiss [1101-1] (former empl) (Entered: 01/18/1995)

Jan. 17, 1995

Jan. 17, 1995

1103

ORDER by Judge George Howard Jr.; that the hrg scheduled for 1/27/95 is cancelled and counsel are directed to submit a joint status report by 1/27/95 (cc: all counsel) (jap) (Entered: 01/25/1995)

Jan. 24, 1995

Jan. 24, 1995

1105

AFFIDAVIT of Lowell G. Kincaid regarding report to the Court [1104-1] (former empl) (Entered: 01/31/1995)

Jan. 27, 1995

Jan. 27, 1995

1106

ORDER by Judge George Howard Jr. granting motion to dismiss [1101- 1]; terminating party Little Rock, City of (cc: all counsel) (former empl) (Entered: 03/06/1995)

March 3, 1995

March 3, 1995

1107

MOTION by defendant Pulaski County AR to substitute attorney Pamela D. Walker & Nelwyn Davis in place of Larry Vaught (former empl) (Entered: 03/10/1995)

March 9, 1995

March 9, 1995

1108

ORDER by Judge George Howard Jr. granting motion to substitute attorney Pamela D. Walker & Nelwyn Davis in place of Larry Vaught for defendant Pulaski County [1107-1] (cc: all counsel) (EOD 03/24/95) (former empl) (Entered: 03/24/1995)

March 24, 1995

March 24, 1995

1109

NOTICE by defendant Pulaski County AR of filing report to the Court on conditions in the new Pulaski County Regional Detention Facility (former empl) (Entered: 03/29/1995)

March 28, 1995

March 28, 1995

1110

NOTICE by defendant Pulaski County AR of filing updated report to the court (former empl) (Entered: 04/18/1995)

April 17, 1995

April 17, 1995

1111

ORDER by Judge George Howard Jr. making attached documents a part of the record (cc: all counsel) (former empl) (Entered: 05/03/1995)

May 2, 1995

May 2, 1995

1112

NOTICE by plaintiffs of filing report to the court (former empl) (Entered: 05/11/1995)

May 10, 1995

May 10, 1995

1113

MOTION by defendant Pulaski County AR to substitute attorneys Amanda Mankin & Karla Burnett in place of Nelwyn L. Davis & Pamela D. Walker (former empl) (Entered: 09/02/1998)

Sept. 2, 1998

Sept. 2, 1998

1114

STIPULATION by plaintiffs and defendant Pulaski County AR (former empl) (Entered: 09/03/1998)

Sept. 2, 1998

Sept. 2, 1998

1115

ORDER by Judge George Howard Jr. granting motion to substitute attorneys Amanda Mankin & Karla Burnett in place of Nelwyn L. Davis & Pamela D. Walker [1113-1] (cc: all counsel) (former empl) (Entered: 09/04/1998)

Sept. 3, 1998

Sept. 3, 1998

1116

MOTION by plaintiffs and defendants for final disposition of case lej) (Entered: 06/12/2000)

June 9, 2000

June 9, 2000

1117

ORDER by Judge George Howard Jr. granting motion for final disposition of case [1116-1]; the Court enters its final order of dismissal, hereby closing this case to any future litigation (cc: counsel) lej) (Entered: 06/14/2000)

June 13, 2000

June 13, 2000

Case Details

State / Territory: Arkansas

Case Type(s):

Jail Conditions

Key Dates

Filing Date: Oct. 25, 1979

Closing Date: 2000

Case Ongoing: No

Plaintiffs

Plaintiff Description:

inmates of the Pulaski County Jail in Arkansas

Public Interest Lawyer: Unknown

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Pulaski County Jail (Pulaski), 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

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 - 2000

Issues

General:

Conditions of confinement

Confinement/isolation

Crowding:

Crowding / caseload

Type of Facility:

Government-run