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)

Attorneys(s) for Plaintiff

Feibelman, Jef (Tennessee)

Krupicka, Lisa (Tennessee)

Swisher, Kathryn M. (Tennessee)

Attorneys(s) for Defendant

Brown, Peter M. (Tennessee)

Himmelreich, Davis (Tennessee)

Inglis, Debra K. (Tennessee)

Johnson, Carroll C. (Tennessee)

Kuhn, Brian L. (Tennessee)

Robinson, Charles E. (North Carolina)

Judge(s)

Gibbons, Julia Smith (Tennessee)

Attorneys(s) for Plaintiff

Feibelman, Jef (Tennessee)

Krupicka, Lisa (Tennessee)

Swisher, Kathryn M. (Tennessee)

Attorneys(s) for Defendant

Brown, Peter M. (Tennessee)

Himmelreich, Davis (Tennessee)

Inglis, Debra K. (Tennessee)

Johnson, Carroll C. (Tennessee)

Kuhn, Brian L. (Tennessee)

Robinson, Charles E. (North Carolina)

Spann, Kimbra Rowlette (Tennessee)

Documents in the Clearinghouse

Document

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

718 F.Supp. 665, 1989 U.S.Dist.LEXIS 9750

Aug. 16, 1989

Aug. 16, 1989

Order/Opinion
244

2:87-cv-02191

Order Terminating Consent Decree

Gilland v. Owens

June 30, 1993

June 30, 1993

Order/Opinion

Resources

Docket

Last updated July 19, 2022, 3 a.m.

ECF Number Description Date Link Date / Link
2

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

March 18, 1987

March 18, 1987

33

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

Aug. 18, 1987

Aug. 18, 1987

34

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

Aug. 18, 1987

Aug. 18, 1987

35

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

Aug. 18, 1987

Aug. 18, 1987

37

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

Sept. 4, 1987

Sept. 4, 1987

45

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)

Feb. 3, 1988

Feb. 3, 1988

55

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

April 6, 1988

April 6, 1988

56

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)

April 14, 1988

April 14, 1988

57

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)

May 5, 1988

May 5, 1988

62

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)

Sept. 2, 1988

Sept. 2, 1988

74

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)

Jan. 4, 1989

Jan. 4, 1989

145

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

Jan. 12, 1989

Jan. 12, 1989

146

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

Jan. 12, 1989

Jan. 12, 1989

86

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

March 27, 1989

March 27, 1989

113

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

June 21, 1989

June 21, 1989

135

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)

Sept. 26, 1989

Sept. 26, 1989

136

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

Sept. 26, 1989

Sept. 26, 1989

140

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)

Nov. 13, 1989

Nov. 13, 1989

164

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

April 29, 1991

April 29, 1991

184

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)

Sept. 25, 1991

Sept. 25, 1991

198

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)

Jan. 9, 1992

Jan. 9, 1992

199

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)

Jan. 9, 1992

Jan. 9, 1992

203

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)

Jan. 14, 1992

Jan. 14, 1992

213

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)

March 13, 1992

March 13, 1992

215

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

April 24, 1992

April 24, 1992

216

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

July 14, 1992

July 14, 1992

218

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

July 17, 1992

July 17, 1992

220

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

Sept. 18, 1992

Sept. 18, 1992

221

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)

Oct. 30, 1992

Oct. 30, 1992

222

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

Nov. 13, 1992

Nov. 13, 1992

223

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

Nov. 16, 1992

Nov. 16, 1992

224

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

Nov. 17, 1992

Nov. 17, 1992

225

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)

Dec. 11, 1992

Dec. 11, 1992

226

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)

Dec. 11, 1992

Dec. 11, 1992

227

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)

Dec. 15, 1992

Dec. 15, 1992

228

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)

Jan. 13, 1993

Jan. 13, 1993

229

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)

Jan. 14, 1993

Jan. 14, 1993

230

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

April 12, 1993

April 12, 1993

231

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

April 20, 1993

April 20, 1993

232

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

April 27, 1993

April 27, 1993

233

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)

April 27, 1993

April 27, 1993

234

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)

May 11, 1993

May 11, 1993

234

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

May 11, 1993

May 11, 1993

235

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

May 11, 1993

May 11, 1993

236

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)

May 27, 1993

May 27, 1993

237

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)

May 27, 1993

May 27, 1993

240

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

June 1, 1993

June 1, 1993

238

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)

June 3, 1993

June 3, 1993

239

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)

June 3, 1993

June 3, 1993

241

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)

June 18, 1993

June 18, 1993

242

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)

June 28, 1993

June 28, 1993

243

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

June 28, 1993

June 28, 1993

244

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)

June 30, 1993

June 30, 1993

246

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

Oct. 8, 1993

Oct. 8, 1993

247

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)

Oct. 19, 1993

Oct. 19, 1993

248

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)

Oct. 29, 1993

Oct. 29, 1993

249

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

Jan. 11, 1994

Jan. 11, 1994

250

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

Jan. 12, 1994

Jan. 12, 1994

251

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)

Jan. 20, 1994

Jan. 20, 1994

252

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

Aug. 18, 2000

Aug. 18, 2000

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

State of Tennessee, State

Shelby County Jail (Shelby), 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: Mixed

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Issues

General:

Access to lawyers or judicial system

Assault/abuse by residents/inmates/students

Classification / placement

Disciplinary procedures

Recreation / Exercise

Sanitation / living conditions

Sexual abuse by residents/inmates

Staff (number, training, qualifications, wages)

Crowding:

Crowding / caseload

Medical/Mental Health:

Medical care, general

Type of Facility:

Government-run