Case: Little v. Shelby County

2:96-cv-02520 | U.S. District Court for the Western District of Tennessee

Filed Date: May 14, 1996

Closed Date: 2005

Clearinghouse coding complete

Case Summary

On May 14, 1996, an inmate at the County Jail of Shelby County, Tennessee, filed a lawsuit under 42 U.S.C. § 1983 against the County of Shelby in the U.S. District Court for the Western District of Tennessee, Memphis Division. The plaintiff, represented by private counsel, asked the court for injunctive and monetary relief, alleging that excessive violence at the Jail and insufficient guard presence resulted in his gang-related rape in violation of his Eighth Amendment rights. On July 1, 1996…

On May 14, 1996, an inmate at the County Jail of Shelby County, Tennessee, filed a lawsuit under 42 U.S.C. § 1983 against the County of Shelby in the U.S. District Court for the Western District of Tennessee, Memphis Division. The plaintiff, represented by private counsel, asked the court for injunctive and monetary relief, alleging that excessive violence at the Jail and insufficient guard presence resulted in his gang-related rape in violation of his Eighth Amendment rights. On July 1, 1996, the plaintiff filed an amended complaint after, oddly, no jury demand was made on the first complaint.

On September 12, 1996, the District Court (Judge Jerome Turner) issued findings of fact and approved a consent order in which the parties stipulated liability for injunctive relief purposes. The Court specifically found insufficient guard presence, poor monitoring, overcrowding, excessive noise levels, gang activity, and failures in classification that created the possibility that "an arrestee charged with a traffic violation but with no prior criminal record can be locked up with a prisoner who has a violent criminal history." And, on September 25, 1996, the Court issued another consent order in which it dismissed the plaintiff's damages claim with prejudice since the parties had settled. Subsequently, the parties litigated the plaintiff's demand for an injunctive remedy and corresponding attorneys' fees.

On October 22, 1996, the District Court (Judge Turner) held a hearing to determine whether the case was sufficiently similar to two other cases (96-2520-TU, 96-2622-D, 96-2874-MI) to warrant consolidation. Apparently, the Court accepted the defendant's arguments against consolidation.

On January 17, 1997, after the parties each submitted proposed plans during December and January to remedy the Eighth Amendment violations, the District Court (Judge Turner) held a status conference at which the defendants informed the Court that the County had passed a resolution for constructing a new jail facility.

In preparation for an evidentiary hearing, on January 21, 1997, the District Court (Judge Turner) granted the plaintiff's application for a writ of habeas corpus to testify, and issued subsequent writs as the hearing was continued. After the hearing finally took place on May 20, 1997, the parties submitted proposed findings of fact and conclusions of law respecting injunctive relief.

On April 9, 1997, by consent decree, the District Court (Judge Turner) appointed Charles Glover Fisher, Ray Nelson, and William C. Garnos as court appointed experts.

On November 12, 1997, the District Court (Judge Turner) ordered injunctive relief (the 'Order"). The relief required confidential interviews with inmates to determine which, if any, enemies each inmate needed to be separated from and whether certain violent inmates needed to be housed apart from others. Further, the order contained numerous provisions dictating supervision at the Jail, and appointed a Special Master to monitor compliance with a monthly report. On January 14, 1998, the Court appointed Dr. Richard Douglass Morgan as a Special Master and, subsequently, approved the Special Master's hiring of employees.

On July 20, 1998, after the Special Master reported that the defendants were in violation of the Order, the District Court (Judge Turner) ordered the defendants to show cause. After there was some litigation about the sufficiency of the Special Master's data on physical and sexual assaults at the Jail, the Court delayed its decision on the plaintiffs' contempt motion. The parties must have used this time to engage in further negotiations and asked the Court to issue a consent decree effectuating their negotiations.

On November 24, 1999, the District Court (Judge Turner) issued such a consent decree, keeping the November 12, 1997, order in effect until November 1, 2004, and ordering further injunctive relief respecting monitoring, staffing and recordkeeping. The Court further accepted the findings of the Special Master. A few days later, on November 29, 1999, the Court administratively closed the case.

On March 6, 2000, after Judge Turner died, the case was re-assigned to Judge Jon Phipps McCalla. On July 5, 2000, the District Court (Judge McCalla) reopened the case and reinstated the Special Masters. Significant litigation about discovery followed.

After a contempt hearing on September 22, 2000, the District Court (Judge McCalla) resolved to make an unannounced visit to the Jail and, on October 2, 2000, subsequently approved a consent order enjoining the defendants from intimidating, harassing or instructing their employees not to cooperate fully with the court appointed Monitors, and required all supervisory personnel in the Jail to sign a statement detailing their understanding that they were obligated to cooperate with the Monitors. There was then litigation about employee intimidation and cooperation.

On December 22, 2000, the District Court (Judge McCalla) issued a 43-page order, finding the defendants in contempt of court. In the order, the Court incorporated many of Judge Turner's findings of fact, including the insufficiency of guard presence, monitoring, overcrowding, excessive noise, gang activity, and failures in classification. The Court ordered the defendants to submit short-term remedial plans. On January 10, 2001, the District Court (Judge McCalla) ordered short-term remedial action to correct the violation of inmates' Eighth Amendment rights. Litigation followed respecting defendants' proposed intermediate and long-term plans to correct the Eighth Amendment violations, which included the construction of a new Jail annex.

On June 21, 2001, the District Court (Judge McCalla) found the defendants remained in contempt but did not impose sanctions, finding that they had been "working expeditiously, efficiently, and in good faith to cure the unconstitutional conditions in the Jail." There followed significant litigation respecting attorneys' and monitors' fees and, on March 12, 2002, the Court ordered the defendants to submit reports detailing their progress every three months.

While the litigation was underway, the jail's conditions captured the interest of the Justice Department, which, on August 24, 2000, sent a letter to the Mayor of Shelby County indicating an intention to investigate conditions at the Jail pursuant to the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997. December 11-13, 2000, the government toured the Jail and subsequently sent a findings letter to the Mayor indicating it found the conditions unconstitutional. On August 12, 2002, the United States filed a lawsuit against Shelby County. United States v. Shelby County (JC-TN-0001). After the parties apparently negotiated and lodged a settlement agreement with the District Court, the parties memorialized that settlement by filing a joint motion to conditionally dismiss the action. That is, they agreed that the case would leave the active docket of the court, while defendants worked to comply with the agreement, but that if the defendants failed to comply, the case would be restored to the active docket for further litigation. On August 15, 2002, the District Court (Judge Bernice B. Donald) agreed, conditionally dismissing the case but specifically retaining jurisdiction to monitor compliance with the agreement.

In the case at hand, on March 25, 2003, the District Court (Judge McCalla) approved the defendants' proposed Jail Staffing Plans after it received the endorsement of all parties as well as the Special Monitor.

On June 16, 2005, the District Court (Judge McCalla) found the defendants had purged themselves of contempt through the development and implementation of a de facto remedial scheme. The fourteen-point plan included: (1) direct supervision of the cell blocks, (2) improved population management, (3) collection and utilization of data, (4) installation of an objective classification system, (5) improved control of gang members through the creation of a Gang Intelligence Unit, (6) improved inmate discipline and prosecution of inmate crimes committed within the Jail, (7) creation of a separate Disturbance Response Team, (8) provision of adequate inmate service, (9) creation of an effective grievance procedure, (10) improved staff training, (11) improved security, (12) efforts to achieve certification and accreditation, (13) creation of programs and activities to reduce inmate idleness, and (14) improved leadership. The Court noted that "prior to 2001, the Jail was a dangerous place with high level of violence and rape, and pervasive gang control. Today, the Jail is a safer institution for both inmates and staff; violence and gang activity have been brought under control."

After a status conference at which the parties agreed the Court should enter final judgment dismissing the case, on June 30, 2005, the District Court (Judge McCalla) dismissed the case.

Summary Authors

Josh Altman (9/23/2006)

Related Cases

United States v. Shelby County, Western District of Tennessee (2002)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4637276/parties/little-v-dowd/


Judge(s)

McCalla, Jon Phipps (Tennessee)

Pham, Tu M. (Tennessee)

Turner, Jerome (Tennessee)

Attorneys(s) for Plaintiff

Bohan, Mary (District of Columbia)

Boyd, Ralph F. Jr. (District of Columbia)

Glankler, Adam F. (Tennessee)

Gregg, Tammie (District of Columbia)

Harris, Terrell L. (Tennessee)

Hutton, Robert L. (Tennessee)

Laurenzi, Lawrence J. (Tennessee)

Judge(s)

McCalla, Jon Phipps (Tennessee)

Pham, Tu M. (Tennessee)

Turner, Jerome (Tennessee)

Attorneys(s) for Plaintiff

Bohan, Mary (District of Columbia)

Boyd, Ralph F. Jr. (District of Columbia)

Glankler, Adam F. (Tennessee)

Gregg, Tammie (District of Columbia)

Harris, Terrell L. (Tennessee)

Hutton, Robert L. (Tennessee)

Laurenzi, Lawrence J. (Tennessee)

Nelson, Mellie H. (District of Columbia)

Rosenbaum, Steven H. (District of Columbia)

Yeomans, William R. (District of Columbia)

Attorneys(s) for Defendant

Fessenden, Debra L. (Tennessee)

Jones, Fred E. Jr. (Tennessee)

Kuhn, Brian L. (Tennessee)

Spruill, Kathleen (Tennessee)

Strother, Don D. (Tennessee)

Other Attorney(s)

Allen, Mark A. (Tennessee)

Chambers, Alan B. (Tennessee)

Horne, Arthur E. III (Tennessee)

Wells, Murray B. (Tennessee)

Expert/Monitor/Master

Wilson, Donnie E. (Tennessee)

Documents in the Clearinghouse

Document

2:96-cv-02520

Docket [PACER]

Little v. Dowd

Jan. 6, 2006

Jan. 6, 2006

Docket
55

2:96-cv-02520

Order Granting Injunctive Relief to Remedy Unconstitutional Conditions in Shelby County Jail

1997 U.S.Dist.LEXIS 24201

Nov. 12, 1997

Nov. 12, 1997

Order/Opinion
54

2:96-cv-02520

Findings of Fact and Conclusions of Law in Support of Order Granting Injunctive Relief to Remedy Unconstitutional Conditions in the Shelby County Jail

1997 U.S.Dist.LEXIS 24200

Nov. 12, 1997

Nov. 12, 1997

Order/Opinion
78

2:96-cv-02520

Consent Order Adopting Recommendations of Special Master, Final Order Granting Injunctive Relief as to Conditions in the Shelby County Jail

1999 U.S.Dist.LEXIS 23443

Nov. 24, 1999

Nov. 24, 1999

Order/Opinion
233

2:96-cv-02520

Opinion Finding Defendants in Contempt of Court

2000 U.S.Dist.LEXIS 22741

Dec. 22, 2000

Dec. 22, 2000

Order/Opinion
347

2:96-cv-02520

Notice of Filing Revised Shelby County Jail Compliance Plan

April 9, 2001

April 9, 2001

Pleading / Motion / Brief
436

2:96-cv-02520

Order

2001 U.S.Dist.LEXIS 26016

June 21, 2001

June 21, 2001

Order/Opinion

2:96-cv-02520

Appendix I: U.S. v. Shelby County Settlement Agreement

May 8, 2002

May 8, 2002

Settlement Agreement
675

2:96-cv-02520

Order Regarding Shelby County Jail Staffing Plan

2003 WL 23849734

March 25, 2003

March 25, 2003

Order/Opinion
675

2:96-cv-02520

Order Regarding Shelby County Jail Staffing Plan

March 25, 2003

March 25, 2003

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4637276/little-v-dowd/

Last updated June 4, 2022, 3:14 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT: 42:1983 Violation of Civil Rights (Former Emp) (Entered: 05/15/1996)

May 14, 1996

May 14, 1996

PACER
2

MOTION/APPLICATION by plaintiff Darius D. Little to proceed in forma pauperis (Former Emp) (Entered: 05/15/1996)

May 14, 1996

May 14, 1996

PACER
3

ATTORNEY APPEARANCE for plaintiff Darius D. Little by attys Frank J. Glankler Jr. and Robert L. Hutton (Former Emp) (Entered: 06/27/1996)

June 27, 1996

June 27, 1996

PACER
4

AMENDED COMPLAINT [1-1] by plaintiff Darius D. Little terminating defendant Miller, defendant Harris, defendant A. Williams, defendant C. Little; adding Shelby County, TN, A. C. Gilless, Jim Rout; jury demand (TMN) (Entered: 07/02/1996)

July 1, 1996

July 1, 1996

PACER
6

RETURN OF SERVICE executed upon defendant Denis Dowd on 7/2/96 (EHG) (Entered: 07/09/1996)

July 3, 1996

July 3, 1996

PACER
7

RETURN OF SERVICE executed upon defendant Jim Rout on 7/2/96 (EHG) (Entered: 07/09/1996)

July 3, 1996

July 3, 1996

PACER
8

RETURN OF SERVICE executed upon defendant Shelby County, TN on 7/2/96 (EHG) (Entered: 07/09/1996)

July 3, 1996

July 3, 1996

PACER
9

RETURN OF SERVICE executed upon defendant A. C. Gilless on 7/2/96 (EHG) (Entered: 07/09/1996)

July 3, 1996

July 3, 1996

PACER
5

MOTION AND MEMORANDUM by defendant Denis Dowd, defendant Shelby County, TN, defendant A. C. Gilless, defendant Jim Rout to extend time to answer to and including 8/16/96 (Former Emp) (Entered: 07/08/1996)

July 5, 1996

July 5, 1996

PACER
10

ORDER by Chief Judge Julia S. Gibbons granting the motion of dfts Shelby County, Tennessee, Sheriff A.C. Gilless, Denis Dowd and Mayor Jim Rout to extend time to answer to and including 8/16/96 [5-1] (cc: all counsel) (Former Emp) (Entered: 07/17/1996)

July 16, 1996

July 16, 1996

PACER
11

NOTICE/RULE 26 INTIIAL DISCLOSURES by plaintiff Darius D. Little (SSH) (Entered: 07/22/1996)

July 17, 1996

July 17, 1996

PACER
12

NOTICE/REPORT OF RULE 26(f) MEETING OF THE PARTIES by defendant Denis Dowd, defendant Shelby County, TN, defendant A. C. Gilless, defendant Jim Rout (Former Emp) (Entered: 08/08/1996)

Aug. 5, 1996

Aug. 5, 1996

PACER
13

ANSWER by defendant Denis Dowd, defendant Shelby County, TN, defendant A. C. Gilless, defendant Jim Rout to amended complaint for money damages and injunctive relief [4-1] due to gang related rape (Former Emp) (Entered: 08/20/1996)

Aug. 19, 1996

Aug. 19, 1996

PACER
14

SETTING LETTER: scheduling conference set for 9/25/96 at 9:30 (Former Emp) (Entered: 09/03/1996)

Aug. 29, 1996

Aug. 29, 1996

PACER
15

CONSENT ORDER STIPULATING LIABILITY FOR INJUNCTIVE RELIEF PURPOSES ONLY; AND ESTABLISHING PROCEDURE FOR REMEDY by Judge Jerome Turner (cc: all counsel) (Former Emp) (Entered: 09/12/1996)

Sept. 12, 1996

Sept. 12, 1996

PACER

MAIL Returned [15-1] addressed to plaintiff Darius D. Little. "Return to sender, rele" on envelope. CHCM. (Former Emp)

Sept. 20, 1996

Sept. 20, 1996

PACER
16

MINUTES: Scheduling conference held 9/25/96 ; Judge Turner presiding; Court and counsel discussed other pending related cases: Hill v. Shelby Co. 96-2622-D, Banks v. Shelby Co. 96-28740-Ml; Richard Fields (atty for both plas) was also present; Mr. Fields objects to consolidation of cases; Oral argument on consolidation of cases to be held; Consent Order of Partial Dismissal filed; Status conference set 9:30 1/17/96 ; Pla(s) atty: R. Hutton; Dft(s) atty: B. Kuhn; C/R: D. Honeycutt; C/D: J. Lee. (Former Emp) (Entered: 09/26/1996)

Sept. 25, 1996

Sept. 25, 1996

PACER
17

CONSENT ORDER PARTIALLY DISMISSING CASE, DUE TO SETTLEMENT OF DAMAGES CLAIMS by Judge Jerome Turner. It is ordered that pla's claims for monetary damages are hereby dismissed with prejudice. It is further ordered that pla shall be allowed to proceed in this cause of action, for injunctive relief against all dfts. Nothing in this order shall prevent pla's counsel from petitioning for reasonable atty's fees and costs, in the event pla is successful in obtaining injunctive relief. (cc: all counsel) (Former Emp) (Entered: 09/26/1996)

Sept. 25, 1996

Sept. 25, 1996

PACER

MAIL Returned [17-1] addressed to plaintiff Darius D. Little. "Returned to sender, rel" on envelope. CHCM. (Former Emp)

Oct. 7, 1996

Oct. 7, 1996

PACER
18

SETTING LETTER: in court hearing/oral argument regarding consolidation of cases (96-2520, 96-2622, 96-2874) set for 10/22/96 at 9:30 (Former Emp) (Entered: 10/10/1996)

Oct. 7, 1996

Oct. 7, 1996

PACER
19

SETTING LETTER: status conference set for 1/17/97 at 9:30 (Former Emp) (Entered: 10/22/1996)

Oct. 7, 1996

Oct. 7, 1996

PACER
20

MINUTES: In-court hearing/oral argument on consolidation held 10/22/96 ; Judge Turner presiding; Counsel advised Court that each of the cases (96-2520-TU, 96-2622-D, 96-2874-Ml) are factually unique, opposed to consolidation of all cases; Mr. Fields may consent to consolidation of Hill and Banks cases, dfts will not consent; After hearing arguments of counsel, Court will confer with other judges; Will decide consolidation issue within a week; Pla(s) atty: R. Hutton, R. Fields; Dft(s) atty: B. Kuhn; C/R: S. Phillips; C/D: J. Lee. (Former Emp) (Entered: 10/25/1996)

Oct. 22, 1996

Oct. 22, 1996

PACER
21

PROPOSED PLAN FOR REMEDY OF CONSTITUTIONAL EIGHT AMENDMENT VIOLATIONS submitted by plaintiff Darius D. Little (Former Emp) (Entered: 12/13/1996)

Dec. 12, 1996

Dec. 12, 1996

PACER
22

APPENDIX (w/Exhibits A - F attached) filed by plaintiff Darius D. Little to pla's proposed plan for remedy of constitutional 8th amendment violations [21-1]. (Document placed in separate folder.) (Former Emp) Modified on 12/13/1996 (Entered: 12/13/1996)

Dec. 12, 1996

Dec. 12, 1996

PACER
23

PROPOSED Plan for Remedy of Constitutional Eighth Amendment Violations (w/Exhibits A - D attached) submitted by defendant Denis Dowd, defendant Shelby County, TN, defendant A. C. Gilless, defendant Jim Rout (Former Emp) (Entered: 01/17/1997)

Jan. 16, 1997

Jan. 16, 1997

PACER
24

MINUTES: Status conference held 1/17/97 ; Judge Turner presiding; Dfts have filed a proposed plan; Mr. Kuhn advised Court that suggested remedies can be/will be implemented within 18 months or ASAP; Counsel request a hearing with expert testimony, Court to make a determination on least intrusive measures, in-court hearing set 9:30 4/1/97 ; Discovery cut off one week prior to hearing; Mr. Kuhn stated County has passed resolution to employ a Consultant for construction of new jail facility (may be completed within 2 1/2 years); Mr. Kuhn directed to file Consultant's report when prepared; Mr. Hutton to file response to County's plan; Pla(s) atty: R. Hutton; Dft(s) atty: B. Kuhn; C/R: Kathy Hastings; C/D: J. Lee. (Former Emp) (Entered: 01/21/1997)

Jan. 17, 1997

Jan. 17, 1997

PACER
25

APPLICATION FOR WRIT OF HABEAS CORPUS AD TESTIFICANDUM by plaintiff Darius D. Little; to have pla Darius Deshun Little appear before Judge Turner at 9:00 4/1/97 (Former Emp) (Entered: 02/24/1997)

Feb. 20, 1997

Feb. 20, 1997

PACER
26

ORDER by Judge Jerome Turner regarding [25-1]. It is ordered that the Clerk of Court issue a writ of habeas corpus ad testificandum to the Warden, NWCF, Tiptonville, TN, to have Darius Deshun Little before Judge Turner at 9:30 4/1/97 (cc: all counsel) (Former Emp) (Entered: 02/24/1997)

Feb. 21, 1997

Feb. 21, 1997

PACER

WRIT issued to U.S. Marshal, WDTN and/or Warden, Northwest Correctional Facility, Tiptonville, to have Darius Deshun Little taken before Judge Turner at 9:30 4/1/97 (Former Emp)

Feb. 25, 1997

Feb. 25, 1997

PACER
27

SETTING LETTER: in court hearing set for 4/1/97 at 9:30 (Former Emp) (Entered: 03/03/1997)

Feb. 28, 1997

Feb. 28, 1997

PACER

MAIL Returned [26-1] addressed to plaintiff Darius D. Little. "Return to sender, out of jail, NIJ" on envelope. CHCM. (Former Emp)

March 3, 1997

March 3, 1997

PACER
28

ORDER DIRECTING CLERK TO ISSUE WRIT OF HABEAS CORPUS by Judge Jerome Turner for writ to be issued for Darius Deshun Little to appear before Judge Turner on 4/30/97 at 9:30 a.m. (cc: all counsel) (SSH) (Entered: 03/13/1997)

March 13, 1997

March 13, 1997

PACER

WRIT issued for Darius Deshun Little #250994 to appear before Judge Turner 4/30/97 at 9:30 a.m. (SSH)

March 20, 1997

March 20, 1997

PACER
29

RETURN OF SERVICE of WHCAT for Darius Little to be brought before Judge Turner 4/1/97 at 9:30 a.m. (SSH) (Entered: 03/24/1997)

March 21, 1997

March 21, 1997

PACER
30

SETTING LETTER: in court hearing reset for 4/30/97 at 9:30 (SSH) (Entered: 03/27/1997)

March 25, 1997

March 25, 1997

PACER
32

SETTING LETTER : in court hearing on consent order designating court appointed experts set for 4/8/97 at 4:30 (SSH) (Entered: 03/28/1997)

March 26, 1997

March 26, 1997

PACER
31

RETURN OF SERVICE of WHCAT for Darius Little to be brought in for hearing on 4/1/97 at 9:30 (SSH) (Entered: 03/28/1997)

March 27, 1997

March 27, 1997

PACER

MAIL Returned: order direciting clerk to issue writ [28-1] addressed to plaintiff Darius D. Little; system updated this date (SSH)

March 31, 1997

March 31, 1997

PACER
34

MINUTES: In-court hearing held 4/8/97; Court and counsel discussed proposed consent order on court appointed experts (3) & method of payment; Mr. Hutton advised only one expert will require fee payment (Charles Fisher). Other 2 experts are county employees; Mr. Kuhn advised the court that the county will pay fee after expert designation by court; counsel will meet next week to draft orders reflecting each party's position; some discussion on class certification in Judge McCalla's case; county will object to class cert. (SSH) Modified on 04/14/1997 (Entered: 04/14/1997)

April 8, 1997

April 8, 1997

PACER
33

CONSENT ORDER DESIGNATING CHARLES GLOVER FISHER, RAY NELSON AND WILLIAM C. GARNOS AS COURT APPOINTED EXPERTS by Judge Jerome Turner: That William C. Garnos, Ray Nelson and Charles Glover Fisher are hereby designated as court appointed experts...and shall be compensated as allowed by 28:1920(6). (cc: all counsel) (SSH) (Entered: 04/09/1997)

April 9, 1997

April 9, 1997

PACER
35

ORDER OF CONTINUANCE AND QUASHING WRIT by Judge Jerome Turner evidentiary hearing set for 4/30/97 is continued: evidentiary hearing set 9:30 5/13/97, quashing writ of habeas courpus ad testificandum for Darius Little on 4/30/97 (cc: all counsel) (SSH) (Entered: 04/25/1997)

April 24, 1997

April 24, 1997

PACER
36

ORDER DIRECTING CLERK TO ISSUE WRIT OF HABEAS CORPUS by Judge Jerome Turner for issuance of writ of habeas corpus ad testificandum for Darius Little on 5/13/97 at 9:30 a.m. (cc: all counsel) (SSH) (Entered: 04/25/1997)

April 24, 1997

April 24, 1997

PACER
37

SETTING LETTER: evidentiary hearing set for 5/13/97 at 9:30 (SSH) (Entered: 04/28/1997)

April 25, 1997

April 25, 1997

PACER

WRIT issued 4/24/97 for Darius Little for an evidentiary hearing on 5/13/97 at 9:30 (SSH)

April 25, 1997

April 25, 1997

PACER
38

RETURN OF SERVICE of writ for Darius Little for 4/30/97 at 9:30 a.m. (SSH) (Entered: 05/01/1997)

April 30, 1997

April 30, 1997

PACER
39

NOTICE OF COMPROMISE PLAN PREPARED BY PLAINTIFF'S AND DEFENDANTS' EXPERT WITNESSES by plaintiff Darius D. Little, defendants Denis Dowd, Shelby County, TN, A. C. Gilless, Jim Rout w/copy of order attached (SSH) (Entered: 05/12/1997)

May 8, 1997

May 8, 1997

PACER
40

MINUTES: Evidentiary hearing held 5/14/97 ; Judge Turner presiding; Counsel presented opening statements; Pla presented proof and called witnesses; Dfts' presented proof and called witnesses; In-court hearing/hearing continued to 2:00 5/20/97 ; Pla(s) atty: R. Hutton, J. Pierotti; Dft(s) atty: B. Kuhn, Strother, R. Rolwing; C/R: B. Parker. (Former Emp) (Entered: 05/15/1997)

May 14, 1997

May 14, 1997

PACER
41

MINUTES: Continuation of Evidentiary Hearing held 5/20/97; defense continued proof and called the following witness: Denis Dowd; closing arguments presented. Mr. Rolwing presented argument on behalf of Shelby County and City Mayor counsel to submit proposed findings and proposed conclusions, with separate order appointing Special Master (with delineation of responsibilities); pltf to file by 6/11/97; Mr. Rolwing to file by 6/11/97 (on funding provision). Dft to respond by 6/23/97. Submissions to focus on factual differences of parties, Prison Litigation Reform Act and power of the court Pltf atty: Robert Hutton, John Pierotti; Dft Atty: Brian Kuhn, Robert Rolwing; Jermoe Turner presiding judge; Ct rptr: S. Phillips (SSH) Modified on 05/22/1997 (Entered: 05/22/1997)

May 20, 1997

May 20, 1997

PACER
42

MINUTES: status conference held 5/29/97; court & counsel discussed standing of pltf to prosecute for injunctive relief; pltf submitted memo with supporting case law Presiding Judge: Jerome Turner; Pla Atty: Robert Hutton, Frank Glankler; Dft Atty: Brian Kuhn; C/R: S. Phillips (SSH) (Entered: 06/06/1997)

May 29, 1997

May 29, 1997

PACER
43

MEMORANDUM CONCERNING STANDING OF PLAINTIFF TO PROSECUTE SUIT FOR INJUNCTIVE RELIEF by plaintiff Darius D. Little (SSH) (Entered: 06/06/1997)

May 29, 1997

May 29, 1997

PACER
44

TRANSCRIPT of proceedings for the following date(s): 5/20/97 Continuation of Hearing; Court Reporter: S. Phillips (SSH) (Entered: 06/06/1997)

June 3, 1997

June 3, 1997

PACER
45

TRANSCRIPT of proceedings for the following date(s): 5/14/97 evidentiary hearing Volume 1 Court Reporter: B. Parker (SSH) (Entered: 06/10/1997)

June 9, 1997

June 9, 1997

PACER
46

PROPOSED Findings of Fact and Conclusions of Law in Support of Order Granting Injunctive Relief to Remedy Unconstitutional Conditions in the Shelby County Jail submitted by plaintiff Darius D. Little (SSH) (Entered: 06/13/1997)

June 11, 1997

June 11, 1997

PACER
47

PROPOSAL as to Findings of Fact and Conclusions of Law submitted by defendant Shelby County, TN, defendant Jim Rout (SSH) (Entered: 06/13/1997)

June 11, 1997

June 11, 1997

PACER
48

RESPONSE by defendant Denis Dowd, defendant Shelby County, TN, defendant A. C. Gilless, defendant Jim Rout to pltf's proposed findings of fact and conclusions of law in support of order granting injunctive relief to remedy unconstitutional conditions in the Shelby County Jail [46-1] (SSH) (Entered: 07/16/1997)

July 15, 1997

July 15, 1997

PACER
49

RETURN OF SERVICE of writ for Darius Little for hearing 5/13/97 at 9:30 (SSH) (Entered: 08/29/1997)

Aug. 25, 1997

Aug. 25, 1997

PACER
50

MOTION by plaintiff Darius D. Little for attorney fees and expenses (SSH) (Entered: 09/11/1997)

Sept. 8, 1997

Sept. 8, 1997

PACER
51

MEMORANDUM by plaintiff Darius D. Little in support of motion for attorney fees and expenses [50-1] (SSH) (Entered: 09/11/1997)

Sept. 8, 1997

Sept. 8, 1997

PACER
52

RESPONSE by defendants Denis Dowd, Shelby County, TN, A. C. Gilless, Jim Rout to motion for attorney fees and expenses [50-1] (SSH) (Entered: 09/25/1997)

Sept. 24, 1997

Sept. 24, 1997

PACER
53

ORDER FOR PAYMENT OF ATTORNEYS' FEES AND EXPENSES by Judge Jerome Turner granting motion for attorney fees and expenses [50-1]...pursuant to 42 USC 1988 for an award attys' fees and expenses incurred by pla in the following manner: $58,571.25 in attys' fees; and $10,614.09 in costs and expenses to be paid by dfts...payment should be made directly to the law firm of Glankler Brosn, PLLC. (cc: all counsel) (WMW) (Entered: 10/14/1997)

Oct. 10, 1997

Oct. 10, 1997

PACER
54

FINDINGS OF FACT AND CONCLUSIONS OF LAW GRANTING INJUNCTIVE RELIEF TO REMEDY UNCONSTITUTIONAL CONDITIONS IN THE SHELBY COUNTY JAIL by Judge Jerome Turner: The court finds that the Order Granting Injunctive Relief to Remedy Unconstitutional Conditions in the Shelby County Jail, is narrowly drawn, extending no further than necessary to correct the violation of the federal right, and is the least instrusive means necessary to correct the violaiton of the federal right. (cc: all counsel) (SSH) (Entered: 11/13/1997)

Nov. 12, 1997

Nov. 12, 1997

PACER
55

ORDER GRANTING INJUNCTIVE RELIEF TO REMEDY UNCONSTITUTIONAL CONDITIONS IN SHELBY COUNTY JAIL by Judge Jerome Turner: It is therefore, ordered, adjudged and decreed as follows: within 90 days of the entry of this order, each inmate admitted to the SCJ will be confidentially interviewed by classification staff prior to such inmate's cell assignment to determine if such inmate has known enemies from whom he should be separated...; any inmate who is classified as violent shall never be housed in a cell with more than one other inmate...; a separate cell block officer shall be continuously assigned to each of the cell blocks in which inmates are incarcerated...; cell block officers assigned to housing duties on floors 2, 3, and 4 of the current jail facility will also continuously supervise individual cell blocks in which inmates are incarcerated to assure compatibility...; each cell block officer will insure that inmates are housed compatibly by frequent observation of bahavior of inmates...; in general population cells on the second, third and fourth floors inmates will be permitted to move between their cell and the day room of the cell block during a five mintue period each hour...; continuous direct observation of inmates by cell block officers is required during all out-of-cell activity in lock down and protective custody housing units; a court-appointed Special Master shall be appointed by the court to make regular inspections to verify compliance with the terms of this order; a monthly report will be prepared by the Special Master to report progress on dft's compliance with this order...; the Special Master, along with pltf's and dfts' counsel shall conduct a conference no later than 18 months after entry of this order to determine if this order has been successful in reducing the risk of physical and/or sexual assualt in the SCJ. s (cc: all counsel) (SSH) (Entered: 11/13/1997)

Nov. 12, 1997

Nov. 12, 1997

PACER
56

MOTION by plaintiff Darius D. Little for court to appoint Dr. Richard Douglas Morgan as special master by consent of the parties (SSH) (Entered: 01/12/1998)

Jan. 9, 1998

Jan. 9, 1998

PACER
57

ORDER APPOINTING DR. RICHARD DOUGLAS MORGAN AS SPECIAL MASTER IN THIS CASE by Judge Jerome Turner: granting motion for court to appoint Dr. Richard Douglas Morgan as special master by consent of the parties [56-1]; within 45 days following entry of this order, Dr. Morgan shall file with the court, and serve copies on counsel for all parties, a detailed report setting forth his plan of action in order to meet the requirements of this court's order dated 11/12/97. (cc: all counsel) (SSH) (Entered: 01/15/1998)

Jan. 14, 1998

Jan. 14, 1998

PACER
58

MINUTES: Hearing in Chambers; minutes dated 4/10/98; file stamp date 4/21/98; counsel requests injunctive portions of jail rape cases be transferred to Judge Turner; Order of Consolidation to be entered if Judge McCalla signs agreed order in Banks case; discussion of Special Master: Dr. Morgan suggests Chuck Fisher, Mr. Kuhn objects; paralegal rates discussed: currently requesting $50 per hr; Dr. Morgan will see if she will take $35 per hr; Mr Hutton to file statement proposing names of jail experts in this area-to include resumes and job expectations; Mr. Kuhn may file a response Presiding Judge: Horton ; Pla Atty: Robert Hutton & Richard Fields ; Dft Atty: Brian Kuhn C/R: Cathy Hastings (YDS) (Entered: 04/23/1998)

April 10, 1998

April 10, 1998

PACER
59

ORDER APPROVING EMPLOYMENT OF KAREN DYER AND WANDA KILGORE-SCHNEIDER BY SPECIAL MASTER.. by Judge Jerome Turner ...1. Douglas Morgan, Special Master appointed in this cause by order dated 1/15/98, is hereby authorized to employ Karen Dyer as Asst. Special Master to be paid at the rate of $50.00 per hour. 2..Douglas Morgan is authorized to employ Wanda Kilgore-Schneider as paralegal to be paid at the rate of $35.00 per hour. 3..Expenses and compensation for the aforestated people shall be submitted alon wwith Dr. Morgan's fee and expenses requests. (cc: all counsel) (EHG) (Entered: 05/12/1998)

May 12, 1998

May 12, 1998

PACER
60

NOTICE OF FILING: PETITION TO CITE DEFENDANTS FOR CONTEMPT OF COURT... by plaintiff Darius D. Little w/attachments (EHG) (Entered: 07/20/1998)

July 17, 1998

July 17, 1998

PACER
61

ORDER TO SHOW CAUSE, ORDER SETTING HEARING... by Judge Jerome Turner ...In said Affidavit, the special Master testifies under oath that defendants are violating paragraphs 1, 4, and 5 of the "Order Granting Injunctive Relief to Remedy Unconstitutional Conditions in the Shelby County Jail," said order being date 11/12/97. re [60-1] ..(1) in-court hearing set 9:30 9/9/98, before this court to provide defendants an opportunity to show cause why they should not be held in contempt of this court. (2) Dfts are ordered to file a response to the "Petition to Cite Defendants with Contempt of Court" w/in 20 days of the date of entry of this order. (cc: all counsel) (EHG) (Entered: 07/20/1998)

July 20, 1998

July 20, 1998

PACER
62

SETTING LETTER : in court/Show Cause hearing on Plaintiff's petition to Cite Defendants for Contempt has been set for 9/9/98 at 9:30, before Judge Turner. (EHG) (Entered: 08/06/1998)

Aug. 3, 1998

Aug. 3, 1998

PACER
63

RESPONSE OF DEFENDANTS TO PETITION TO CITE DEFENDANTS FOR CONTEMPT OF COURT... w/attachments.. by defendant Denis Dowd, defendant Shelby County, TN, defendant A. C. Gilless, defendant Jim Rout to [60-1] (EHG) (Entered: 08/10/1998)

Aug. 7, 1998

Aug. 7, 1998

PACER
64

MOTION AND MEMORANDUM by defendant Denis Dowd, defendant Shelby County, TN, defendant A. C. Gilless, defendant Jim Rout to extend/for extension of time for compliance with paragraphs 3 and 4 of the court order on jail conditions w/attachments (EHG) (Entered: 08/10/1998)

Aug. 10, 1998

Aug. 10, 1998

PACER
65

RESPONSE by plaintiff Darius D. Little to motion to extend/for extension of time for compliance with paragraphs 3 and 4 of the court order on jail conditions [64-1] (EHG) (Entered: 08/20/1998)

Aug. 20, 1998

Aug. 20, 1998

PACER
66

REPLY TO RESPONSE OF DEFENDANTS TO PETITOIN TO CITE DEFENDANTS FOR CONTEMPT OF COURT.. by plaintiff Darius D. Little re [60-1] (EHG) (Entered: 08/20/1998)

Aug. 20, 1998

Aug. 20, 1998

PACER
67

CONSENT ORDER ON "PETITION TO CITE DEFENDANTS FOR CONTEMPT OF COURT", AND MOTION AND MEMORANDUM OF DEFENDANTS FOR EXTENSION OF TIME FOR COMPLIANCE WITH PARAGRAPHS THREE AND FOUR OF THE COURT ORDER ON JAIL CONDITIONS" by Judge Jerome Turner : ...(1) Pla's "Petition to Cite Defendants for Contempt of Court" is hereby dismissed. (2) Dfts are ordered to pay atty's fees and costs to pla for having filed and prepared to litigate the "Petition to Cite Defendants for Contempt of Court." (3) Dfts' "Motion and Memorandum of Defendants for Extension of Time for Compliance with Paragraphs Three and Four of the Court Order on Jail Conditions" is denied. re [64-1], re [60-1] (cc: all counsel) (EHG) (Entered: 09/14/1998)

Sept. 11, 1998

Sept. 11, 1998

PACER
68

CONSENT ORDER Modifying In Part "Order Granting Injunctive Relief To Remedy Uncinstitutional Conditions In Shelby County Jail" by Judge Jerome Turner: re [55-1]; It appearing to the Court that Special Master has reported to the counsel that certain statistical data necessary for a complete determination as to effect of remedial provisions ordered by the Court cannot be made w/out a particular type of computer program software; Special Master needs an additional 3 months to use this software to help prepare statistical analysis to determine whether this Court's ordered relief has been successful in reducing physical and sexual assaults at Shelby County Jail; Counsel for parties as well as Special Master shall meet no later than 8/15/99, to discuss effectiveness of the Court's remedial order...; After the meeting, Special Master shall have until 10/1/99 to make recommendation to the Court...; ...all of the Court's previous orders granting relief shall remain in full force and effect; (cc: all counsel) (BAG) (Entered: 05/04/1999)

May 4, 1999

May 4, 1999

PACER
69

NOTICE OF FILING OF "Special Master's Final Report And Recommendations As To Conditions In Shelby County Jail; ... Shelby County Jail is currently in compliance with the Court Order; (BAG) (Entered: 09/08/1999)

Sept. 8, 1999

Sept. 8, 1999

PACER
70

MOTION by plaintiff Darius D. Little for Court to accept findings of fact, and adopt recommendations of Master as the final decree of court; (BAG) (Entered: 09/27/1999)

Sept. 24, 1999

Sept. 24, 1999

PACER
71

SETTING LETTER: hearing on pla's motion for Court to accept findings of fact, and adopt recommendations of Master as the final decree of Court set for 10/7/99 at 11:00 (BAG) (Entered: 09/28/1999)

Sept. 28, 1999

Sept. 28, 1999

PACER
72

ORDER by Judge Jerome Turner; Parties have submitted to the Court a Consent Order...; Parties shall file with the court, w/in 15 days following entry of this order, memoranda addressing limitations, requirements and mandates of 18 USC 3626; (cc: all counsel) (BAG) (Entered: 10/13/1999)

Oct. 13, 1999

Oct. 13, 1999

PACER
73

MOTION by plaintiff Darius D. Little for payment of legal fees (in the amount of $3,375.00) (BAG) (Entered: 10/15/1999)

Oct. 13, 1999

Oct. 13, 1999

PACER
74

MEMORANDUM by plaintiff Darius D. Little in support of motion for payment of legal fees [73-1]; w/attachments (BAG) (Entered: 10/15/1999)

Oct. 13, 1999

Oct. 13, 1999

PACER
75

PLAINTIFF'S AND DEFENDANTS' JOING MEMORANDUM IN RESPONSE TO ORDER ENTERED BY THIS HONORABLE COURT ON OCTOBER 13, 1999 [72-1] (w/Items 1-2 Attached) (Former Emp) (Entered: 10/21/1999)

Oct. 21, 1999

Oct. 21, 1999

PACER
76

STIPULATION BY THE PARTIES by plaintiff Darius D. Little, defendant Denis Dowd, defendant Shelby County, TN, defendant A. C. Gilless, defendant Jim Rout re [69-1] (Former Emp) (Entered: 10/21/1999)

Oct. 21, 1999

Oct. 21, 1999

PACER
77

SUPPLEMENT TO SPECIAL MASTER'S FINAL REPORT AND RECOMMENDATIONS AS TO CONDITIONS IN SHELBY COUNTY JAIL by special master Richard Douglas Morgan re notice notice [69-1] (Former Emp) (Entered: 10/21/1999)

Oct. 21, 1999

Oct. 21, 1999

PACER
78

CONSENT ORDER ADOPTING RECOMMENDATION OF SPECIAL MASTER, FINAL ORDER GRANTING INJUNCTIVE RELIEF AS TO CONDITIONS IN THE SHELBY COUNTY JAIL by Judge Jerome Turner : granting motion for Court to accept findings of fact, and adopt recommendations of Master as the final decree of court; [70-1] : ...The provisions of remedial relief by this Court's "Order Granting Injunctive Relief to Remedy Unconstitutional Conditions in the Shelby County Jail" entered on 11/12/97, shall remain in full force and effect up until and including 11/1/04; with exceptions that the provisions concerning the appointment and monitoring by the Special Master are hereby deleted. In addition to the remedial relief required by the Court order, additional provisions shall remain in full force and effect until 11/1/04...this Court hereby finds that prospective relief ordered herein is necessary to correct a current and ongoing violation of federal rights...(cc: all counsel) (YDS) (Entered: 11/26/1999)

Nov. 24, 1999

Nov. 24, 1999

PACER
79

ORDER Of Administrative Closure by Judge Jerome Turner re [78-1]; The Consent Order Adopting Recommendations of Special Master, Final Order Granting Injunctive Relief as to Conditions in the SCJ was entered 11/26/99; It is ORDERED that this action is administratively closed and may be reopened upon notice from a party requesting relief; administratively closing case (cc: all counsel) (BAG) (Entered: 11/29/1999)

Nov. 29, 1999

Nov. 29, 1999

PACER
80

Corrected Unopposed MOTION by plaintiff Darius D. Little for payment of Legal Fees (BAG) (Entered: 11/30/1999)

Nov. 29, 1999

Nov. 29, 1999

PACER
81

CONSENT ORDER For Payment Of Attorney's Fees by Judge Jerome Turner: granting motion for payment of Legal Fees [80-1]; It is ORDERED that in accordance with 42 USC 1988, dfts are ordered to pay $5,475.00 in atty's fees and $165.34 in costs, totaling $5,640.34 to pla's counsel; As this award is for atty's fees and expenses incurred by attys, payment should be made directly to law firm of Glankler Brown PLLC; (cc: all counsel) (BAG) (Entered: 11/30/1999)

Nov. 29, 1999

Nov. 29, 1999

PACER
82

NOTICE OF CASE REASSIGNMENT Case reassigned to Judge Jon P. McCalla (cc: all counsel) (EHG) Modified on 03/07/2000 (Entered: 03/06/2000)

March 6, 2000

March 6, 2000

PACER
83

ORDER by Judge Jon P. McCalla : It appears that a six-month review of the appointment of the special master is necessary pursuant to 18 USC 3626(f)(5). status conference set 8:30 5/10/00 ..Counsel shall ensure the attendance of Chief Marion Hopkins or an appropriate authorized representative for the Shelby County Jail. Counsel shall also arrange for the appearance of Dr. Richard Douglas Morgan, the Special Master of the case. ..(cc: all counsel) (EHG) (Entered: 03/24/2000)

March 23, 2000

March 23, 2000

PACER
84

MOTION by defendant Denis Dowd, defendant Shelby County, TN, defendant A. C. Gilless, defendant Jim Rout for continuance of status conference (EHG) (Entered: 03/29/2000)

March 28, 2000

March 28, 2000

PACER
85

SETTING LETTER : status conference set for 5/10/00 at 8:30 (EHG) (Entered: 03/29/2000)

March 29, 2000

March 29, 2000

PACER
86

SETTING LETTER : status conference reset for 7/5/00 at 8:30 (EHG) (Entered: 05/02/2000)

May 2, 2000

May 2, 2000

PACER
87

MOTION by plaintiff Darius D. Little for contempt of court, for leave/ to allow expedited discovery prior to hearing on contempt petition w/attachments (EHG) (Entered: 06/30/2000)

June 29, 2000

June 29, 2000

PACER
88

CERTIFICATE OF CONSULTATION; MOTION TO SET ASIDE REQUIREMENT OF FACE-TO-FACE CONSULTATION.. by plaintiff Darius D. Little (EHG) (Entered: 06/30/2000)

June 29, 2000

June 29, 2000

PACER
89

MINUTES: follow-up conference held 7/5/00; Also present: Chief Hopkins, Capt. Burks (SCJ), Doug Morgan, Wanda Kilgore-Schneider (Court Monitors); Chief Hopkins and Capt. Burks will investigate and report to the Court regarding allegation that Jail personnel made intercom announcement of the Court Monitors' presence; Parties will submit relevant portions of the transcript of hearing before Judge Turner regarding classification issues; Mr. Strother will report on the status of setting up audio-visual intake capabilities at Jail East for female prisoners; Dft will submit an order to keep Morgan & Kilgore-Schneider as Court monitors through 12/31/00; Pla will submit an order appointing Mr. Fisher and Mr. Garnes as add'l court monitors; The Court Grants pla's motion for discovery; Another conference set 9:30 7/7/00 granting motion for leave/ to allow expedited discovery prior to hearing on contempt petition [87-2] Presiding Judge: Jon P. McCalla; PLA Atty: R. Hutton/A. Glankler; DFT Atty: B. Kuhn/D. Strother; Brenda Parker; (BAG) (Entered: 07/06/2000)

July 5, 2000

July 5, 2000

PACER
90

ORDER Following Status Conference by Judge Jon P. McCalla; The Court held a status conf. on 7/5/00 re [89-2]; Parties agreed that this case has been automatically reopened pursuant to terms of the Order of Administrative Closure entered 11/29/99; Case reopened; Parties agreed that Special Master and Court-Appointed Expert should all resume their duties pursuant to previous court orders; ...Special Master, Asst. Special Master and Court-Appointed Expert are allowed to engage in ex parte communication w/parties and with the court; Follow-up conf. to be held 7/7/00 at 9:30; Counsle for pla agreed to submit a brief on issue of whether pre-classification ...; Pla's brief shall be submitted by 5:00pm on 7/6/00; Dfts may also submit a written brief, or may respond orally at 7/7/00 hearing; (cc: all counsel) (BAG) (Entered: 07/06/2000)

July 5, 2000

July 5, 2000

PACER
91

ORDER Reinstating Dr. Douglas Morgan And Wanda Kilgore- Schneider As Special Master And Assistant Special Master by Judge Jon P. McCalla re [87-1]; It is ORDERED that Dr. Douglas Morgan and Wanda Kilgore-Schneider are reinstated as Special Master and Asst Special Master, appointed by the Court in order to monitor the injunctive relief granted in this Court orders w/said appointments being effective from date of this Order and lasting until 12/31/00 or subject to further orders of this Court; (cc: all counsel) (BAG) (Entered: 07/07/2000)

July 6, 2000

July 6, 2000

PACER
92

BRIEF As To Interpretation Of Order by plaintiff Darius D. Little; w/attachment (BAG) (Entered: 07/07/2000)

July 6, 2000

July 6, 2000

PACER
93

MINUTES: follow-up conference held 7/7/00; Also present: Marron Hopkins, Capt. Burks, Annie Maxwell DJI, Toya Evans DJI, Lt. Pat Baker, Capt. Charlene McGhee, Lt. Christy Jackson, Dr. Morgan, & Ms. Kilgore-Schneider; The Jail Officers were present to answer questions for the Court; The County will report back to the Court in about 3 weeks on the issue of upgrading wireless communications and cameras in the jail; Mr. Strother reported on the County's investiigation of charges of "Guard Sanctioned" fighting among inmates; 3 Officers have been cited for misconduct and criminal charges have been brought against several inmates; IAB is continuing its investigation of Guards' roles in the alleged incidents; The County is prepared to make an oral report on preclassification holding tanks but requested the Court allow them 14 days w/in which to file a written report; The Court Granted the request; Remote video booking procedures of women inmates has been effected and is now being used; Additional discovery will be exchanged by 7/25/00; The Court Monitors will submit a status report on 8/7/00; Hearing will be conducted 8:30 9/5/00; Parties to submit any add'l written briefs by 8/20/00; Mr. Fisher's role as an add'l monitor was clarified; Presiding Judge: Jon P. McCalla; PLA Atty: R. Hutton/A. Glankler; DFT Atty: B. Kuhn/D. Strother; C/R: Brenda Parker; (BAG) (Entered: 07/07/2000)

July 7, 2000

July 7, 2000

PACER

Case Details

State / Territory: Tennessee

Case Type(s):

Jail Conditions

Key Dates

Filing Date: May 14, 1996

Closing Date: 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Inmate alleging that he had been raped in jail in violation of his Eighth Amendment rights

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Unknown

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Shelby County Jail (Shelby), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Due Process: Substantive Due Process

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1996 - 2005

Issues

General:

Assault/abuse by residents/inmates/students

Classification / placement

Personal injury

Sexual abuse by residents/inmates

Staff (number, training, qualifications, wages)

Totality of conditions

Crowding:

Crowding / caseload

Discrimination-basis:

Race discrimination

Affected Gender:

Male

Type of Facility:

Government-run