Case: Myles v. Totten

2:87-cv-02191 | U.S. District Court for the Western District of Tennessee

Filed Date: March 18, 1987

Clearinghouse coding complete

Case Summary

On March 18, 1987, convicted inmates and pretrial detainees of Shelby County Jail in Memphis, Tennessee filed a class-action lawsuit under 42 U.S.C. § 1983 against various county and state entities in the United States District Court for the Western District of Tennessee. The plaintiffs, represented by private counsel, asked the court for injunctive and declaratory relief, alleging that the defendants had deprived them of various constitutional rights, including those under the Eighth and Four…

On March 18, 1987, convicted inmates and pretrial detainees of Shelby County Jail in Memphis, Tennessee filed a class-action lawsuit under 42 U.S.C. § 1983 against various county and state entities in the United States District Court for the Western District of Tennessee. The plaintiffs, represented by private counsel, asked the court for injunctive and declaratory relief, alleging that the defendants had deprived them of various constitutional rights, including those under the Eighth and Fourteenth Amendments, by maintaining poor conditions at the jail. The plaintiffs complained about the following conditions: (1) Crowding; (2) Insufficient Staffing; (3) Lack of Recreational Activity; (4) Insufficient medical services; (5) insufficient legal services; (6) unsanitary environment and absence of personal hygiene materials; (7) improper disciplinary measures; (8) classification; and (9) violence, including sexual assault and rape.

On August 16, 1989, the District Court (Judge Julia S. Gibbons) deferred decision about appropriate relief until further proof could be heard. Gilland v. Owens, 718 F.Supp. 665 (W.D.Tenn. 1989). The Court found that a number of measures had been already taken to remedy some of the unconstitutional conditions. The Court requested that the parties discuss the possibility of negotiation and decided to reconvene on August 24, 1989 to discuss further proceedings.

We do not have detailed documents of further proceedings. According to the docket, on November 13, 1989, the District Court (Judge Gibbons) issued an order granting interim relief and requiring a long range plan. Later, on April 20, 1993, the Shelby County Justice System submitted quarterly report regarding compliance with the court order.

On June 30, 1993, the District Court (Judge Gibbons) approved modification of the long range plan, terminated the consent decree granting relief, and dismissed the case.

Summary Authors

Stacey Jensen (6/5/2006)

David Cho (11/21/2014)

People


Judge(s)

Gibbons, Julia Smith (Tennessee)

Attorney for Plaintiff

Feibelman, Jef (Tennessee)

Attorney for Defendant

Brown, Peter M. (Tennessee)

Himmelreich, Davis (Tennessee)

Inglis, Debra K. (Tennessee)

Documents in the Clearinghouse

Documents in this case

2:87-cv-02191

Docket [PACER]

Aug. 18, 2000

Aug. 18, 2000

Docket
132

2:87-cv-02191

87-02276

87-02273

87-02429

87-02341

87-02348

88-02924

88-02095

Findings of Fact and Conclusions of Law as to Conditions Issues

Gilland v. Owens

Aug. 16, 1989

Aug. 16, 1989

Order/Opinion

718 F.Supp. 665

244

2:87-cv-02191

Order Terminating Consent Decree

Gilland v. Owens

June 30, 1993

June 30, 1993

Order/Opinion

Docket

Last updated March 24, 2025, 8:05 a.m.

ECF Number Date Description Link
2 March 18, 1987

COMPLAINT: 42:1983 Violation of Civil Rights (Former Emp) (Entered: 12/07/1992)

PACER
33 Aug. 18, 1987

AMENDED COMPLAINT [2-1] by plaintiff Vincent Landers Brevard (Former Emp) (Entered: 12/07/1992)

PACER
34 Aug. 18, 1987

AMENDED COMPLAINT [2-1] by plaintiff Arthur Donell Gilliland (Former Emp) (Entered: 12/07/1992)

PACER
35 Aug. 18, 1987

AMENDED COMPLAINT [2-1] by plaintiff Arthur Donell Gilliland, plaintiff Vincent Landers Brevard (Former Emp) (Entered: 12/07/1992)

PACER
37 Sept. 4, 1987

ANSWER by defendant Ed Totten, defendant Jack - Owens to [35-1], to [34-1], to [33-1] (Former Emp) (Entered: 12/07/1992)

PACER
45 Feb. 3, 1988

ORDER by Judge Julia S. Gibbons consolidating cases 2:87-cv-2191 with member cases 2:87-cv-2273, 87-2429, 87-2341, 87-2276 and 87- 2348 for Trial (cc: all counsel) (Former Emp) (Entered: 12/07/1992)

PACER
55 April 6, 1988

AMENDED COMPLAINT [35-1], [34-1], [33-1] (Former Emp) (Entered: 12/07/1992)

PACER
56 April 14, 1988

ORDER by Judge Julia S. Gibbons consolidating cases for all administrative purposes, all pleadings filed in any of consolidated cases shall be filed in the designated LEAD CASE ONLY (cc: all counsel) (Former Emp) (Entered: 12/07/1992)

PACER
57 May 5, 1988

ORDER by Judge Julia S. Gibbons certifying class action - class consisting of all persons who are now confined or in the future will be confined in the Shelby County Jail. (cc: all counsel) (Former Emp) (Entered: 12/07/1992)

PACER
62 Sept. 2, 1988

ANSWER to [55-1] AND THIRD PARTY COMPLAINT by defendant Ed Totten, defendant Jack Owens; adding Ned McWherter, Stephen H. Norris, W.J. Michael Cody as 3rd party Defts. (Former Emp) (Entered: 12/07/1992)

PACER
74 Jan. 4, 1989

ORDER by Judge Julia S. Gibbons bifurcating trial - constitutional issues bifurcated from relief issues; 3rd party claim is bifurcated from original claim (cc: all counsel) (Former Emp) (Entered: 12/07/1992)

PACER
145 Jan. 12, 1989

ORDER by Judge Julia S. Gibbons PRELIMINARILY APPROVING MODIFICATION TO CONSENT ORDER (cc: all counsel) (Former Emp) (Entered: 12/07/1992)

PACER
146 Jan. 12, 1989

NOTICE TO ALL PRESENT AND FUTURE INMATES OF THE SHELBY COUNTY JAIL (Former Emp) (Entered: 12/07/1992)

PACER
86 March 27, 1989

PRELIMINARY INJUNCTION AS TO SHELBY COUNTY JAIL by Judge Julia S. Gibbons (cc: all counsel) (Former Emp) (Entered: 12/07/1992)

PACER
113 June 21, 1989

ORDER MODIFYING ORDER OF 3-27-89 by Judge Julia S. Gibbons re [86-1] (cc: all counsel) (Former Emp) (Entered: 12/07/1992)

PACER
135 Sept. 26, 1989

ORDER by Judge Julia S. Gibbons PRELIMINARILY APPROVING CONSENT ORDER , and setting hearing 11-13-89 @ 9:00 AM (cc: all counsel) (Former Emp) (Entered: 12/07/1992)

PACER
136 Sept. 26, 1989

NOTICE TO ALL PRESENT AND FUTURE INMATES OF THE SHELBY COUNTY JAIL (Former Emp) (Entered: 12/07/1992)

PACER
140 Nov. 13, 1989

MINUTES: HEARING ON APPROVAL OF CONSENT ORDER held 11/13/89 , and ORDER entered Granting Interim Relief and Requiring Submission of Long Term Plan (Former Emp) (Entered: 12/07/1992)

PACER
164 April 29, 1991

ORDER by Judge Julia S. Gibbons ON DAMAGE CLAIMS OF INDIVIDUAL PLTFS. (cc: all counsel) (Former Emp) (Entered: 12/07/1992)

PACER
184 Sept. 25, 1991

ORDER by Judge Julia S. Gibbons ON DAMAGE CLAIMS OF INDIVIDUAL PLTFS. - Clerk directed to set damage claims of Carlton Suggs and Henry Alexander Williams for Trial (cc: all counsel) (Former Emp) (Entered: 12/07/1992)

PACER
198 Jan. 9, 1992

AMENDED AND SUPPLEMENTAL THIRD-PARTY COMPLAINT [62-2] by third-party plaintiff Ed Totten, third-party plaintiff Jack - Owens (Former Emp) (Entered: 12/07/1992)

PACER
199 Jan. 9, 1992

AMENDMENT TO SUPPLEMENTAL THIRD-PARTY COMPLAINT [198-1] by third-party plaintiff Ed Totten, third-party plaintiff Jack - Owens (Former Emp) (Entered: 12/07/1992)

PACER
203 Jan. 14, 1992

SECOND AMENDED AND SUPPLEMENTAL THIRD-PARTY COMPLAINT [199-1] by third-party plaintiff Ed Totten, third-party plaintiff Jack - Owens (Former Emp) (Entered: 12/07/1992)

PACER
213 March 13, 1992

REPORT AND RECOMMENDATION that Complaint by Pltf. Williams be DISMISSED by Mag Judge James A. Allen (cc: all counsel) (Former Emp) (Entered: 12/07/1992)

PACER
215 April 24, 1992

ORDER by Judge Julia S. Gibbons DISMISSING DAMAGE CLAIM OF HENRY ALEXANDER WILLIAMS (cc: all counsel) (Former Emp) (Entered: 12/07/1992)

PACER
216 July 14, 1992

NOTICE OF COMPLIANCE TO COURT ORDER by plaintiff Carlton Suggs; Pltfs. Damage Claim (Former Emp) (Entered: 12/07/1992)

PACER
218 July 17, 1992

Notice of filing the QUARTERLY REPORT from the Shelby County Justice System Administrator in Compliance with Court Order (Former Emp) (Entered: 12/07/1992)

PACER
220 Sept. 18, 1992

MOTION by plaintiff Henry Alexander Williams for status of case (Former Emp) (Entered: 12/07/1992)

PACER
221 Oct. 30, 1992

ORDER DIRECTING THE CLERK TO CLOSE CASES 87-2273, 87- 2276, 87-2341, 87-2348, 87-2429, 88-2095, 88-2924 and 88-3004; ALL ISSUES PERTAINING TO INJUNCTIVE RELIEF CAN BE LITIGATED IN THE LEAD CLASS ACTION CASE NO. 87-2191-GA by Judge Julia S. Gibbons ; dismissing previously cited cases (cc: all counsel) (Former Emp) (Entered: 12/07/1992)

PACER
222 Nov. 13, 1992

MOTION by plaintiff Henry Alexander Williams for leave to file Petition for Writ of Mandamus (Former Emp) (Entered: 12/07/1992)

PACER
223 Nov. 16, 1992

MINUTES: Conference in Chambers - Present: Phil Whittenburg, Ernie Benson, Alan Smith and Terry Leggett (Former Emp) (Entered: 12/07/1992)

PACER
224 Nov. 17, 1992

SETTING LETTER: Status conference 12-15-92 @ 8:45 AM (Former Emp) (Entered: 12/07/1992)

PACER
225 Dec. 11, 1992

MOTION by plaintiff for temporary restraining order , or for preliminary injunction , or, in the alternative for issuance of contempt citation (Former Emp) (Entered: 12/11/1992)

PACER
226 Dec. 11, 1992

MEMORANDUM in support of motion for temporary restraining order [225-1], of motion for preliminary injunction [225-2], of motion for issuance of contempt citation [225-3] (Former Emp) (Entered: 12/11/1992)

PACER
227 Dec. 15, 1992

MINUTES: Status conference held 12/15/92; Third-Party claims to be discussed in Consent Order; Ray Nelson to make a report; Brian Kuhn advised that the Jail Case should be concluded in 30-45 days. Court set another status conference in Correctional Center Case onb 7-15-93 @ 8:45 AM (Former Emp) (Entered: 12/17/1992)

PACER
228 Jan. 13, 1993

ORDER ON MOTION REQUESTING LEAVE TO FILE PETITION FOR WRIT OF MANDAMUS by Judge Julia S. Gibbons re [222-1] (cc: all counsel) (Former Emp) (Entered: 01/13/1993)

PACER
229 Jan. 14, 1993

ORDER ON MOTION FOR TEMPORARY RESTRAINING ORDER OR PRELIMINARY INJUNCTION by Judge Julia S. Gibbons re [225- 1], re [225-2] ; Court will not consider pro se motions filed by individual class members (cc: all counsel) (Former Emp) (Entered: 01/14/1993)

PACER
230 April 12, 1993

SETTING LETTER ; Status conference 4/27/93 @ 9:00 a.m. (EHG) (Entered: 04/15/1993)

PACER
231 April 20, 1993

(STATUS) QUARTERLY REPORT FROM SHELBY COUNTY JUSTICE SYSTEM ADMINISTRATOR ON COMPLIANCE WITH COURT ORDER... by defendants w/attachments (EHG) (Entered: 04/21/1993)

PACER
232 April 27, 1993

SETTING LETTER ; Status conference set for 5/11/93 at 9:00 p.m. (Former Emp) (Entered: 04/29/1993)

PACER
233 April 27, 1993

MINUTES: Conference in chambers; Mr. Dick Swiggart; Discussion of telephones in jail; Attys to discuss w/Mr. Ray Nelson the status of telephones; Status conference set for 5/11/93 at 9:00 a.m. Status conference held 4/27/93 (Former Emp) (Entered: 04/29/1993)

PACER
234 May 11, 1993

MINUTES: CONFERENCE Discussion of telephones in jail. Court set another status conference 5-27-93 at 9:00 a.m. Send copy to Mr. Charles E. Robinson for information only. (JL) (Entered: 05/11/1993)

PACER
234 May 11, 1993

MINUTES: (JL) (Entered: 05/11/1993)

PACER
235 May 11, 1993

SETTING LETTER Pretrial conference 5/27/93 at 9:00 a.m. (JL) (Entered: 05/11/1993)

PACER
236 May 27, 1993

MINUTES: CONFERENCE. Joint Petition filed to modify long-range plan to conlcude the consent decree and end the case and motion to dismiss the third-party complaint filed. Court set 6-28-93 (9:00 a.m.) hearing to approve termination of consent decree. (JL) (Entered: 06/03/1993)

PACER
237 May 27, 1993

MOTION/JOINT PETITION by plaintiffs and defendants to modify long-range plan, to conclude consent decree and end case, and to dismiss 3rd-party complaint (JL) (Entered: 06/03/1993)

PACER
240 June 1, 1993

SETTING LETTER ; In-court hearing to approve termination of consent decree 6/28/93 at 9:00 a.m. (JL) (Entered: 06/07/1993)

PACER
238 June 3, 1993

ORDER by Judge Julia S. Gibbons preliminarily granting motion to modify long-range plan and to conclude consent decree and end case. Court preliminarily/conditionally grants motion to dismiss 3rd-party complaint [237-1]. Attached Notice to be distributed/published to Shelby County Jail no later than 6/7/93. (cc: all counsel) (JL) (Entered: 06/03/1993)

PACER
239 June 3, 1993

NOTICE TO ALL PRESENT AND FUTURE INMATES OF SHELBY COUNTY JAIL (attachment to Order [238-1]) to be distributed to Shelby County Jail no later than 6/7/93. Written objections to be submitted no later than 6/21/93. Hearing on any objections and to determine if consent order will be terminated/long-range plan will be modified to be held 6/28/93 at 9:00 a.m. (JL) (Entered: 06/03/1993)

PACER
241 June 18, 1993

LETTER/COMMENTS from Dock Battles re lack of access to the Legal Room at Shelby County Jail to prepare for his defense/appeal. (JL) (Entered: 06/21/1993)

PACER
242 June 28, 1993

MINUTES: Hearing to approve termination of consent decree. Judge Gibbons presiding. Court granted motion to modify consent decree. Plaintiff called Mr. Ray Nelson as witness. Defense called Sheriff Gilless. All proof concluded. Court to enter order on termination of consent decree. (JL) (Entered: 07/01/1993)

PACER
243 June 28, 1993

EXHIBIT AND WITNESS list (JL) (Entered: 07/01/1993)

PACER
244 June 30, 1993

ORDER by Judge Julia S. Gibbons approving modification of consent decree, terminating consent decree and dismissing entire case (cc: all counsel) (JL) (Entered: 07/01/1993)

PACER
246 Oct. 8, 1993

MOTION by plaintiff Henry Alexander Williams for copies of proceedings in order to file appeal. (JL) (Entered: 10/13/1993)

PACER
247 Oct. 19, 1993

MOTION by plaintiff Henry Alexander Williams requesting copies of the above entitled cause and/or information concerning the filing of another civil rights complaint filed July 21, 1993 (Former Emp) (Entered: 10/20/1993)

PACER
248 Oct. 29, 1993

ORDER by Judge Julia S. Gibbons denying motion for free copies of proceedings in order to file appeal. [246-1] (cc: all counsel) (JL) (Entered: 11/01/1993)

PACER
249 Jan. 11, 1994

MOTION by plaintiff Anthony Clemente, plaintiff Keith Sheilds to reopen the consent decree (JL) (Entered: 01/12/1994)

PACER
250 Jan. 12, 1994

MOTION by plaintiff Anthony Clemente, plaintiff Keith Sheilds for appointment of counsel (JL) (Entered: 01/12/1994)

PACER
251 Jan. 20, 1994

ORDER by Chief Judge Julia S. Gibbons denying motion to reopen the consent decree [249-1] denying motion for appointment of counsel [250- 1] (cc: all counsel) (JL) (Entered: 01/21/1994)

PACER
252 Aug. 18, 2000

CLERK'S NOTICE re Retrieval of Exhibits (cc: all counsel) (EHG) (Entered: 08/22/2000)

PACER

Case Details

State / Territory:

Tennessee

Case Type(s):

Jail Conditions

Key Dates

Filing Date: March 18, 1987

Case Ongoing: No

Plaintiffs

Plaintiff Description:

convicted inmates and pretrial detainees of Shelby County Jail

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

County

Shelby County Jail

State

State of Tennessee

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Other Dockets:

Western District of Tennessee 2:87-cv-02191

Western District of Tennessee 87-02276

Western District of Tennessee 87-02273

Western District of Tennessee 87-02429

Western District of Tennessee 87-02341

Western District of Tennessee 87-02348

Western District of Tennessee 88-02924

Western District of Tennessee 88-02095

Available Documents:

Any published opinion

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Issues

General/Misc.:

Access to lawyers or judicial system

Classification / placement

Disciplinary procedures

Sanitation / living conditions

Staff (number, training, qualifications, wages)

Jails, Prisons, Detention Centers, and Other Institutions:

Assault/abuse by non-staff (facilities)

Assault/abuse by staff (facilities)

Crowding (General)

Recreation / Exercise

Sexual abuse by residents/inmates

Medical/Mental Health Care:

Medical care, general

Recommended Citation