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

Docket [PACER]

Aug. 18, 2000 Docket
132

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 Order/Opinion
244

Order Terminating Consent Decree

Gilland v. Owens

June 30, 1993 Order/Opinion

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
2

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

March 18, 1987
33

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

Aug. 18, 1987
34

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

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
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
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
55

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

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
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
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
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
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
146

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

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
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
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
136

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

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
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
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
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
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
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
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
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
216

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

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
220

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

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
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
223

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

Nov. 16, 1992
224

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

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
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
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
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
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
230

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

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
232

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

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
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
234

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

May 11, 1993
235

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

May 11, 1993
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
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
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
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
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
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
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
243

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

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
246

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

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
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
249

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

Jan. 11, 1994
250

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

Jan. 12, 1994
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
252

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

Aug. 18, 2000

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