Case: Doe v. Napper

1:93-cv-00642 | U.S. District Court for the Northern District of Georgia

Filed Date: March 26, 1993

Closed Date: 1998

Clearinghouse coding complete

Case Summary

On March 26, 1993, juvenile inmates of Marietta Regional Youth Detention Center ("MRYDC"), filed a class action law suit under 42 U.S.C. § 1983, in U.S. District Court for the Northern District of Georgia, against the Georgia Department of Child and Youth Services ("DCYS"), MRYDC, and the State Department of Education ("DOE"). The Plaintiffs, represented originally by Atlanta Legal Aid, alleged unsafe and unsanitary conditions of confinement including: overcrowding; lack of heat; inadequate bat…

On March 26, 1993, juvenile inmates of Marietta Regional Youth Detention Center ("MRYDC"), filed a class action law suit under 42 U.S.C. § 1983, in U.S. District Court for the Northern District of Georgia, against the Georgia Department of Child and Youth Services ("DCYS"), MRYDC, and the State Department of Education ("DOE"). The Plaintiffs, represented originally by Atlanta Legal Aid, alleged unsafe and unsanitary conditions of confinement including: overcrowding; lack of heat; inadequate bathroom and sanitary accommodations; manual locks impeding any fire escape; inadequate staff; inadequate medical and psychiatric services; restricted access to the courts; and lack of free and appropriate educational services, pursuant to the Juvenile Justice Act, 42 U.S.C. § 5601 et seq., and the Education of the Handicapped Act, 20 U.S.C. § 1400 (c).

On April 14, 1993, the U.S. District Court for the Northern District of Georgia (Judge Julie E. Carnes) granted Plaintiffs' motion to proceed in pseudonym. On January 10, 1994, the Court certified the class as all juveniles served by MRYDC or any other facility designed and operated for the population currently served by MRYDC. After a Settlement Conference on April 22, 1994, the Court dismissed the case without prejudice or costs on September 9, 1994, to be reopened by May 1, 1995 if Judge Carnes had not consummated a settlement agreement. On April 26, 1996, the Court (Judge Carnes) referred the case to Magistrate Judge Joel M. Feldman for settlement conference only. On December 12, 1996 the attorneys for Legal Aid withdrew as counsel for Plaintiffs and were replaced by private attorneys. On February 2, 1997, the Court (Judge Carnes) denied Plaintiffs' motion to reopen. But on October 3, 1997, the Court finally ordered the case reopened. Finally on December 12, 1997, stipulations for consent decree were submitted and approved by the Court (Judge Carnes).

The Consent Decree ordered MRYDC to comply with all federal and local laws in the complained of areas. Most importantly it provided for: medical and psychological screenings within 48 hours of admittance; 24-hour emergency medical care; facility repairs to meet mandatory standards for heat, air conditioning, plumbing, and lighting; regular preventative maintenance of the building; designated areas for class and education; screenings and accommodations for special education students; updated locks to comply with evacuation standards in the event of a fire or other emergency; increased staff levels; in-service education of all staff regarding sensitive issues such as sexual abuse, suicide, etc. The DCYS and DOE were required to allow Plaintiffs' Monitor, Dr. Vincent Carbone, access to pertinent records for the two years after the Consent Decree went into effect. DCYS and DOE were also responsible for all costs related to Monitoring. Plaintiffs' counsel retained the right to bring action against Defendants if any violation of the Consent Decree is discovered; the jurisdiction of the Court was to expire two years after the Decree went into effect.

On January 30, 1998, the Court (Judge Carnes) terminated the case.

Summary Authors

Kristen Sagar (11/17/2006)

People


Judge(s)

Carnes, Julie E. (Georgia)

Attorneys(s) for Plaintiff

Bliss, Charles R. (Georgia)

Dumitrescu, Kathleen Ann (Georgia)

Harbin, John W. (Georgia)

Leshaw, Gary Jay (Georgia)

Love, Frank Jr. (Georgia)

Vandenberg, Catherine C. (Georgia)

Attorneys(s) for Defendant

Allen, Kathryn Lloyd (Georgia)

Bowers, Michael J. (Georgia)

Cosgrove, Carol Atha (Georgia)

Judge(s)

Carnes, Julie E. (Georgia)

Attorneys(s) for Plaintiff

Bliss, Charles R. (Georgia)

Dumitrescu, Kathleen Ann (Georgia)

Harbin, John W. (Georgia)

Leshaw, Gary Jay (Georgia)

Love, Frank Jr. (Georgia)

Vandenberg, Catherine C. (Georgia)

Attorneys(s) for Defendant

Allen, Kathryn Lloyd (Georgia)

Bowers, Michael J. (Georgia)

Cosgrove, Carol Atha (Georgia)

Dunn, Dennis R. (Georgia)

Frank, Cynthia Honssinger (Georgia)

Hooker, David Anderson (Georgia)

Joy, William C. (Georgia)

Documents in the Clearinghouse

Document

Docket

Oct. 17, 2005 Docket
1

Complaint Class Action

March 26, 1993 Complaint
63

Consent Decree

Dec. 12, 1997 Order/Opinion

Resources

Title Description External URL

The Power of Settlement as an Alternative Strategy for Institutional Reform: The Case of Doe v. Napper

Marina Volanakis

Using Doe v. Napper -- 93-CV-642-JEC (N.D. Ga 1993) -- as a model, this paper sought to demonstrate the extent to which settlement negotiations successfully circumvented many of the crucial limitati… April 30, 1999

Docket

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

ECF Number Description Date Link
1

COMPLAINT filed summons issued. Consent form to proceed before U.S. magistrate and pretrial instructions given to attorney. FILING FEE $ 120.00 RECEIPT # 185118 (ds) (Entered: 03/30/1993)

March 26, 1993
2

ANSWER TO MANDATORY INTERROGATORIES by John Doe (ds) (Entered: 03/30/1993)

March 26, 1993
3

MOTION by plaintiff John Doe to proceed in pseudonym with brief in support. (ds) (Entered: 03/30/1993)

March 26, 1993

ATTACHMENTS to motion to proceed in pseudonym by John Doe [3- 1]. (FILED UNDER SEAL) (ds) (Entered: 03/30/1993)

March 26, 1993
4

MOTION by plaintiff John Doe for expedited discovery with brief in support. (ds) (Entered: 03/30/1993)

March 26, 1993

SUBMITTED on motion to proceed in pseudonym by John Doe [3-1], motion for expedited discovery by John Doe [4-1] Judge Julie E. Carnes. (ds) (Entered: 03/30/1993)

March 30, 1993
5

Return of service executed 3/26/93 as to James Phillips, Werner Rogers, State Board of Educ & Commissioner Ga Departmt of Children and Youth Services on original complaint. (cbm) (Entered: 04/05/1993)

March 31, 1993
6

MOTION by plaintiff John Doe to certify class action with brief in support. (ds) (Entered: 04/12/1993)

April 8, 1993
7

Memo by defendant George Napper Jr., defendant James - Phillips, defendant Werner Rogers, defendant State Board of Educ in Opposition to motion for expedited discovery by John Doe [4-1] (ds) (Entered: 04/14/1993)

April 12, 1993
8

Supplement to defts memorandum [7-1] (ds) (Entered: 04/15/1993)

April 14, 1993

HEARING HELD on motion for expedited discovery by John Doe [4-1], motion to proceed in pseudonym by John Doe [3-1] before Judge Julie E. Carnes; (ds) (Entered: 04/15/1993)

April 14, 1993
9

ORDER GRANTING motion to proceed in pseudonym by John Doe [3- 1], GRANTING motion for expedited discovery by John Doe [4-1] to the extent that defense must supply requested documents/records by Friday, May 14, 1993, pltfs may inspect premises on June 1st or 2nd, 1993. Pltfs request to interview staff is denied by Judge Julie E. Carnes. (cps srvd by crt/dp) (ds) (Entered: 04/15/1993)

April 14, 1993
10

ANSWER to complaint [1-1] by Werner Rogers, State Board of Education. (ds) (Entered: 04/22/1993)

April 19, 1993
11

ANSWER to complaint [1-1] by George Napper Jr., James - Phillips. (ds) (Entered: 04/22/1993)

April 19, 1993
13

JOINT STATEMENT concerning class communications. (ds) (Entered: 04/29/1993)

April 26, 1993

SUBMITTED on motion to certify class action by John Doe [6-1] to Judge Julie E. Carnes . (ds) (Entered: 04/28/1993)

April 28, 1993
14

ANSWER TO MANDATORY INTERROGATORIES by Werner Rogers, State Board of Educ (ds) (Entered: 05/04/1993)

April 30, 1993
18

Joint Preliminary Statement and Scheduling Order. (to judge) (ds) (Entered: 05/19/1993)

May 1, 1993
15

ANSWER TO MANDATORY INTERROGATORIES by George Napper Jr., James - Phillips (ds) (Entered: 05/06/1993)

May 3, 1993
16

Certificate of interested persons. (to judge) (ds) (Entered: 05/06/1993)

May 3, 1993
17

REPLY by John Doe to response to motion to certify class action by John Doe [6-1]. (ds) (Entered: 05/14/1993)

May 10, 1993

Proposed amendment to complaint [1-1] by plaintiff John Doe (jec for consideration). (ds) (Entered: 06/07/1993)

May 27, 1993

Telephone Conference held before Judge Julie E. Carnes; (ds) (Entered: 06/08/1993)

June 1, 1993

ORDER endorsed on motion, APPROVING preliminary statement [18-1] by Judge Julie E. Carnes. cc (ds) (Entered: 06/08/1993)

June 1, 1993
19

ORDER Discovery ends 1/14/94. Trial set for June 1994 by Judge Julie E. Carnes. cc (ds) (Entered: 06/08/1993)

June 1, 1993
20

ORDER that pltfs proposed amended complaint is approved and allowed filed by Judge Julie E. Carnes. cc (ds) (Entered: 06/10/1993)

June 8, 1993
21

AMENDMENT TO COMPLAINT [1-1] by John Doe. (ds) (Entered: 06/10/1993)

June 8, 1993
22

Application for leave of absence of Kathryn Lloyd Allen for July 6- 21, 1993 (jec for aprvl) (ds) (Entered: 06/21/1993)

June 14, 1993
23

ANSWER to amended complaint [21-1] by George Napper Jr., James - Phillips. (ds) (Entered: 06/21/1993)

June 14, 1993
24

ANSWER to amended complaint [21-1] by Werner Rogers, State Board of Educ. (ds) (Entered: 06/21/1993)

June 14, 1993
25

MOTION by plaintiff John Doe to amend complaint [1-1] with brief in support. (jec) (ds) (Entered: 06/22/1993)

June 17, 1993
26

Notice of FILING UNDER SEAL by plaintiff John Doe. (jec) (ds) (Entered: 06/22/1993)

June 17, 1993
28

ANSWER to motion to amend complaint by George Napper Jr., James - Phillips. (er) (Entered: 07/07/1993)

July 2, 1993
29

CONSENT ORDER w/motion extending time to 8/16/93 for defts to respond to plas discovery requests by Judge Julie E. Carnes. cc (ds) Modified on 08/09/1993 (Entered: 08/09/1993)

Aug. 2, 1993
30

Joint MOTION to extend discovery to 4/15/94 . (jec for consideration) (ds) (Entered: 11/18/1993)

Nov. 12, 1993
31

CONSENT ORDER GRANTING joint motion to extend discovery to 4/15/94 [30-1]; Discovery ends 4/15/94 by Judge Julie E. Carnes. FINAL EXTENSION cc (ds) (Entered: 11/23/1993)

Nov. 19, 1993
32

ORDER GRANTING motion to amend complaint [1-1] by John Doe [25-1], GRANTING motion to certify class action by John Doe [6-1] by Judge Julie E. Carnes. cc (ds) (Entered: 01/11/1994)

Jan. 10, 1994
33

(Letter) Joint request for status conference. (ds) (Entered: 03/14/1994)

March 8, 1994
34

Status of legal issues related to settlement of class action. (jec) (ds) (Entered: 04/19/1994)

April 18, 1994
35

Status of Consent Negotiation. (ds) (Entered: 04/20/1994)

April 18, 1994

SETTLEMENT CONFERENCE before Judge Julie E. Carnes. Parties are making progress towards settlement. Requests not to submit pretrial order were granted. Parties will update Court on status of settlement by 6/30/94. (dfb) (Entered: 04/25/1994)

April 22, 1994
36

STATUS REPORT by dfts. (ds) (Entered: 07/22/1994)

July 18, 1994
37

Letter from chambers directing counsel to submit updated progress report by the end of August. (ds) (Entered: 07/22/1994)

July 20, 1994
38

JOINT STATUS REPORT . (ds) Modified on 09/08/1994 (Entered: 09/08/1994)

Sept. 6, 1994
39

ORDER dismissing case w/o costs and w/o prejudice to reopen by May 1, 1995 if settlement not consummated by Judge Julie E. Carnes. cc (ds) (Entered: 09/12/1994)

Sept. 9, 1994
40

MOTION by plaintiff John Doe to alter or amend judgment , relief from judgment , or for clarification with brief in support. (ds) (Entered: 09/23/1994)

Sept. 22, 1994

SUBMITTED on motion to alter or amend judgment by John Doe [40-1], motion relief from judgment by John Doe [40-2], motion for clarification by John Doe [40-3] to Judge Julie E. Carnes . (ds) (Entered: 10/25/1994)

Oct. 25, 1994
41

Letter from chamber in response to motion to alter or amend judgment [40-1], motion relief from judgment [40-2], motion for clarification [40- 3] by Judge Julie E. Carnes (ds) (Entered: 11/17/1994)

Nov. 14, 1994
42

JOINT STATUS REPORT. (ds) (Entered: 05/08/1995)

May 3, 1995
43

ORDER directing parties to show cause w/n (11) days in re: sealed material by Judge Julie E. Carnes. (cps srvd by crt/dp) (ds) Modified on 04/12/1996 (Entered: 04/12/1996)

April 11, 1996
44

Joint response to order [43-1]. (ds) (Entered: 04/25/1996)

April 19, 1996

SUBMITTED on order [43-1] to Judge Julie E. Carnes . (ds) (Entered: 04/25/1996)

April 19, 1996
45

ORDER that sealed material be returned to submitting party by Judge Julie E. Carnes. cc (ds) (Entered: 05/01/1996)

April 26, 1996

CASE REFERRED to Mag Judge Joel M. Feldman for settlement conference only. (ds) (Entered: 05/01/1996)

April 30, 1996

Completed referral to Mag Judge Joel M. Feldman . (ds) (Entered: 11/20/1996)

April 30, 1996
46

Attorney appearance for pla by Frank Love Jr., John Weldon Harbin. (ds) (Entered: 07/05/1996)

July 2, 1996
47

MOTION to withdraw by Charles Richardson Bliss, Gary Jay Leshaw, Catherine C. Vandenberg, Kathleen Ann Dumitrescu as attorney for plas with brief in support. (ds) (Entered: 08/01/1996)

July 26, 1996

SUBMITTED on motion to withdraw by Charles Richardson Bliss, Gary Jay Leshaw, Catherine C. Vandenberg, Kathleen Ann Dumitrescu as attorney for plas [47-1] to Judge Julie E. Carnes . (ds) (Entered: 08/19/1996)

Aug. 19, 1996
48

MOTION by pla to reopen case , and to reopen discovery with brief in support. (ds) (Entered: 11/06/1996)

Oct. 29, 1996
49

Response by dfts to pla's motion to reopen case [48-1], motion to reopen discovery [48-2]. ( (ds) (Entered: 11/22/1996)

Nov. 19, 1996

SUBMITTED on pla's motion to reopen case [48-1], motion to reopen discovery [48-2] to Judge Julie E. Carnes. (YOU HAVE FILE) (ds) (Entered: 11/22/1996)

Nov. 22, 1996
50

Letter from chamber setting conference for 12/17/96; 2:00 p.m. (cps srvd by crt/dp) (ds) (Entered: 12/09/1996)

Dec. 5, 1996
51

ORDER by Judge Julie E. Carnes GRANTING [47-1] motion to withdraw by Charles Richardson Bliss, Gary Jay Leshaw, Catherine C. Vandenberg, Kathleen Ann Dumitrescu as attorney for plas (cc) (ds) (Entered: 12/09/1996)

Dec. 5, 1996
52

Reply brief to [48-1] motion to reopen case, [48-2] motion to reopen discovery by plaintiff John Doe . (ds) (Entered: 12/11/1996)

Dec. 9, 1996

STATUS CONFERENCE HELD before Judge Julie E. Carnes; Clerk to resubmit motions on 2/3/97. (ds) (Entered: 12/17/1996)

Dec. 17, 1996

SUBMITTED to Judge Julie E. Carnes on [48-1] motion to reopen case, [48-2] motion to reopen discovery (ds) (Entered: 02/18/1997)

Feb. 18, 1997
53

ORDER by Judge Julie E. Carnes DENYING w/o prejudice [48-1] motion to reopen case by John Doe, DENYING w/o prejudice [48-2] motion to reopen discovery by John Doe. Upon compliance w/ 12/17/96 order the court will reconsider its ruling. (cc) (ds) (Entered: 02/25/1997)

Feb. 24, 1997
54

MOTION by plaintiff to reopen with brief & affidavit in support. (ds) (Entered: 07/22/1997)

July 15, 1997
54

STATUS REPORT by plaintiff. (ds) (Entered: 07/22/1997)

July 15, 1997

SUBMITTED to Judge Julie E. Carnes on [54-1] motion to reopen (ds) (Entered: 08/11/1997)

Aug. 11, 1997
55

Response by defendants in Opposition to [54-1] motion to reopen (ds) (Entered: 08/13/1997)

Aug. 11, 1997
56

REPLY by plaintiff to response to [54-1] motion to reopen (ds) (Entered: 08/27/1997)

Aug. 26, 1997
57

AMENDED REPLY by plaintiff to response to [54-1] motion to reopen (ds) (Entered: 08/29/1997)

Aug. 27, 1997
58

ORDER by Judge Julie E. Carnes DEFERRING ruling on [54-1] motion to reopen by John Doe, Counsel to submit memorandum outlining obstacles of settlement by 9/19/97 [54-1] motion to reopen to be submitted on 9/20/97 (cc) (ds) (Entered: 08/29/1997)

Aug. 28, 1997

SUBMITTED to Judge Julie E. Carnes on [58-1] order, [54-1] status report, [54-1] motion to reopen (ds) (Entered: 09/24/1997)

Sept. 24, 1997
59

(Letter) Response by defendant George Napper Jr., defendant James - Phillips to [58-1] order. (ds) (Entered: 10/06/1997)

Oct. 1, 1997
60

ORDER by Judge Julie E. Carnes GRANTING [54-1] motion to reopen. Counsel to submit joint proposed scheduling order indicating a tentative discovery schedule & amt of discovery time needed w/n 20 days, [60-1] order to be submitted on 10/30/97 (cc) (ds) (Entered: 10/06/1997)

Oct. 3, 1997

Case reopened. (ds) (Entered: 10/06/1997)

Oct. 3, 1997
61

JOINT REPORT. (ds) Modified on 10/28/1997 (Entered: 10/28/1997)

Oct. 27, 1997

SUBMITTED to Judge Julie E. Carnes on [61-1] status report, [60-1] order. (ds) (Entered: 10/28/1997)

Oct. 28, 1997
62

ORDER by Judge Julie E. Carnes, Discovery ends 3/9/98. Motions for sum.jgm. due 3/30/98; , If no motion filed, PTO due on 4/9/98; If motions filed PTO due 30 days after ruling. , [62-1] order to be submitted on 4/10/98 if no motion or PTO filed (cc) (ds) (Entered: 11/17/1997)

Nov. 13, 1997
63

Stipulation, for consent decree, and consent decree approved by Judge Julie E. Carnes. (w/1 vol exhibits) (ds) Modified on 02/02/1998 (Entered: 12/15/1997)

Dec. 12, 1997

Case terminated. (ds) (Entered: 02/02/1998)

Jan. 30, 1998

State / Territory: Georgia

Case Type(s):

Juvenile Institution

Key Dates

Filing Date: March 26, 1993

Closing Date: 1998

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All juveniles who are now or in the future will be confined at Marietta Regional Youth Detention Center.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Georgia Department of Child and Youth Services and the State Department of Education (Marietta), State

Case Details

Causes of Action:

42 U.S.C. § 1983

Indv. w/ Disab. Educ. Act (IDEA), Educ. of All Handcpd. Children Act , 20 U.S.C. § 1400

Juvenile Justice Act, 42 U.S.C. § 5672

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1997 - 1998

Issues

General:

Access to lawyers or judicial system

Bathing and hygiene

Education

Fire safety

Sanitation / living conditions

Staff (number, training, qualifications, wages)

Suicide prevention

Totality of conditions

Discrimination-basis:

Disability (inc. reasonable accommodations)

Affected Gender:

Male

Medical/Mental Health:

Medical care, general

Mental health care, general

Type of Facility:

Government-run