Case: Alexander S. v. McLawhorn

3:90-cv-03062 | U.S. District Court for the District of South Carolina

Filed Date: Dec. 28, 1990

Closed Date: 1998

Clearinghouse coding complete

Case Summary

On December 28, 1990, juveniles confined by the South Carolina Department of Juvenile Justice (formerly the Department of Youth Services) filed a class action lawsuit under 42 U.S.C. § 1983 in the U.S. District Court for the District of South Carolina against the South Carolina Department of Juvenile Justice. The class consisted of all juveniles who were or would be confined in the correctional facilities of the defendant. The South Carolina Protection and Advocacy System for the Handicapped an…

On December 28, 1990, juveniles confined by the South Carolina Department of Juvenile Justice (formerly the Department of Youth Services) filed a class action lawsuit under 42 U.S.C. § 1983 in the U.S. District Court for the District of South Carolina against the South Carolina Department of Juvenile Justice. The class consisted of all juveniles who were or would be confined in the correctional facilities of the defendant. The South Carolina Protection and Advocacy System for the Handicapped and private counsel represented the class. The plaintiffs sought declaratory and injunctive relief along with damages, alleging that the conditions at the correctional facilities deprived juveniles of various statutory rights and violated the constitutional guarantees due process, equal protection, and freedom from cruel and unusual punishment.

The juvenile institutions in question were overcrowded, lacked adequate staffing, and lacked adequate fire safety. The correctional facilities were in disrepair, the disciplinary policies were implemented without regard to their psychological effect on the juveniles, and the juveniles were classified only by size and sex. Medical and mental health services were insufficient for the population of the facilities. Telephone communication, visitation, and access to courts and attorneys were all restricted. The Department of Juvenile Justice failed to provide a vocational education and any special education.

On January 25, 1995, the District Court (Judge Joseph F. Anderson, Jr.) required the Department of Juvenile Justice to submit a remedial plan to the court within 120 days. The court held (1) that the conditions at the juvenile institutions violated the due process guarantee of the Fourteenth Amendment, (2) that the juveniles had a constitutional right to personal safety, (3) that the juveniles had a constitutional right to medical services, (4) that the juveniles had a constitutional right to minimally adequate program services to teach principles essential to correcting conduct, (5) that the requirements of the Individuals with Disabilities Education Act and the requirements of the Rehabilitation Act of 1973 applied to juvenile correctional facilities, and (6) that states were given the opportunity in the first instance to correct the deficiencies. Alexander S. v. Boyd, 876 F. Supp. 773 (D.S.C. 1995).

On November 22, 1995, the District Court (Judge Anderson) granted the plaintiffs' motion for an award of attorneys' fees and costs. Alexander S. By and Through Bowers v. Boyd, 929 F. Supp. 925 (D.S.C. 1995). The U.S. Court of Appeals Fourth Circuit (per curiam) affirmed the District Court's decision on May 6, 1996. Alexander S. v. Boyd, 89 F.3d 827 (4th Cir. 1996).

On September 27, 1996, the District Court granted the plaintiffs' motion to clarify that the juveniles transferred from the correctional facilities, which were the subject matter of the original litigation, remained members of the plaintiff class. The court further held that its November 22, 1995 order applied to all similarly situated facilities operated by the Department of Juvenile Justice, not just those facilities that were the explicit subject matter of the litigation. On June 27, 1997, the Fourth Circuit (per curiam) affirmed the District Court's decision. Davis v. Boyd, 116 F.3d 1473 (4th Cir. 1997).

On May 28, 1997, the Fourth Circuit held that the attorneys' fee limitations set forth in § 803(d) of the Prison Litigation Reform Act, 42 U.S.C. § 1997e, apply to juvenile facilities as well as adult facilities. The court remanded the case to the District Court to apply the attorneys' fees limitations when calculating the amount of plaintiffs' attorneys' fees. Alexander S. v. Boyd, 113 F.3d 1373 (4th Cir. 1997).

On January 26, 1998, the Supreme Court denied the petition for writ of certiorari. Alexander S. v. Boyd, 522 U.S. 1090 (1998).

On August 16, 2004 and October 6, 2004, the District Court (Judge Anderson) denied a motion to reopen the case or for relief from the judgment on the grounds that the movant was not a party to the action and the time to reopen the judgment had long passed. On March 7, 2005, the Fourth Circuit (per curiam) affirmed the District Court's decision. Alexander S. v. Byars, 2005 WL 548250 (4th Cir. 2005).

Summary Authors

Kaitlin Corkran (5/29/2006)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/9955366/parties/s-v-boyd/


Judge(s)

Anderson, Joseph Fletcher Jr. (South Carolina)

Burnside, Robert (South Carolina)

Attorney for Plaintiff

Bowers, Lesly A. (South Carolina)

Brown, William S. (South Carolina)

Attorney for Defendant
Expert/Monitor/Master/Other

Batson, Larry (South Carolina)

Documents in the Clearinghouse

Documents in this case

3:90-cv-03062

Docket (PACER)

S. et al. v. Boyd

May 9, 2005

May 9, 2005

Docket
1

3:90-cv-03062

Complaint

Dec. 28, 1990

Dec. 28, 1990

Complaint
11

3:90-cv-03062

Amendment to Complaint Pursuant to Rule 15(a), F.R.C.P.

Ricky S. v. McLawhorn

Jan. 23, 1991

Jan. 23, 1991

Complaint

3:90-cv-03062

Findings of Fact, Conclusions of Law and Order

Alexander S. v. Flora Brooks Boyd

Feb. 17, 1995

Feb. 17, 1995

Order/Opinion

876 F.Supp. 773

235

3:90-cv-03062

Order

Alexander S. v. Flora Brooks Boyd

Nov. 22, 1995

Nov. 22, 1995

Order/Opinion

929 F.Supp. 925

96-01036

Opinion

Alexander S. v. Boyd

U.S. Court of Appeals for the Fourth Circuit

June 6, 1996

June 6, 1996

Order/Opinion

89 F.3d 827

96-01950

96-02589

Opinion

Alexander S. v. Boyd

U.S. Court of Appeals for the Fourth Circuit

May 28, 1997

May 28, 1997

Order/Opinion

113 F.3d 1373

96-02540

Opinion

Thomas J. Davis v. Flora Brooks Boyd

U.S. Court of Appeals for the Fourth Circuit

June 27, 1997

June 27, 1997

Order/Opinion

116 F.3d 1473

96-02540

USCA Per Curiam Opinion

Davis v. Boyd

U.S. Court of Appeals for the Fourth Circuit

June 27, 1997

June 27, 1997

Order/Opinion

1997 U.S.App.LEXIS 15559

97-00737

Opinion

Alexander S. v. Boyd

Supreme Court of the United States

Jan. 26, 1998

Jan. 26, 1998

Order/Opinion

522 U.S. 1090

Docket

See docket on RECAP: https://www.courtlistener.com/docket/9955366/s-v-boyd/

Last updated July 19, 2026, 5:45 a.m.

Docket for: S. v. Boyd
ECF Number Date Description Link
1 Dec. 28, 1990

COMPLAINT; FILING FEE $ 120.00 RECEIPT # 55633 Scheduling order due by 3/28/91 Service due by 1/28/91 for SC Dept of Youth Svc, for J. P. Neal, for Karole Jensen, for Joseph W. Hudgens, for Kathleen P. Jennings, for Frank Mauldin, for John F. Henry, for Richard E. Mclawhorn (swil) (Entered: 01/03/1991)

Clearinghouse
2 Dec. 28, 1990

SUMMONS(ES) issued for Richard E. Mclawhorn, John F. Henry, Frank Mauldin, Kathleen P. Jennings, Joseph W. Hudgens, Karole Jensen, J. P. Neal, SC Dept of Youth Svc (swil) (Entered: 01/03/1991)

RECAP
3 Dec. 28, 1990

Answers to 16B Interrogatories by Alexander S., Alfred S., Benny B., Christopher M., Lafayette M., Ricky S., Inez Moore Tenenbaum (swil) (Entered: 01/03/1991)

RECAP
4 Dec. 28, 1990

MOTION by Alexander S., Alfred S., Benny B., Christopher M., Lafayette M., Ricky S., Inez Moore Tenenbaum to certify class action, and for appointment of counsel (swil) (Entered: 01/03/1991)

RECAP
5 Dec. 28, 1990

MEMORANDUM by Alexander S., Alfred S., Benny B., Christopher M., Lafayette M., Ricky S., Inez Moore Tenenbaum in support of [4-1] motion to certify class action, [4-2] motion for appointment of counsel (swil) (Entered: 01/03/1991)

RECAP
6 Dec. 28, 1990

MOTION by Alexander S., Alfred S., Benny B., Christopher M., Lafayette M., Ricky S., Inez Moore Tenenbaum for appointment of Inez Moore Tenenbaum as guardian ad litem for Alexander S., Alfred S., Benny B., Christopher M., Lafayette M., Ricky S., a minor (swil) (Entered: 01/03/1991)

RECAP
7 Dec. 28, 1990

MEMORANDUM by Alexander S., Alfred S., Benny B., Christopher M., Lafayette M., Ricky S., Inez Moore Tenenbaum in support of [6-1] motion for appointment of Inez Moore Tenenbaum as guardian ad litem for Alexander S., Alfred S., Benny B., Christopher M., Lafayette M., Ricky S., a minor (swil) (Entered: 01/03/1991)

RECAP
8 Jan. 7, 1991

AFFIDAVIT OF SERVICE executed as to Richard E. Mclawhorn, John F. Henry, Frank Mauldin, Kathleen P. Jennings, Joseph W. Hudgens, Karole Jensen, J. P. Neal, SC Dept of Youth Svc 12/28/90 Answers to 16B Interrogatories due by 2/18/91 for SC Dept of Youth Svc, for J. P. Neal, for Karole Jensen, for Joseph W. Hudgens, for Kathleen P. Jennings, for Frank Mauldin, for John F. Henry, for Richard E. Mclawhorn, for Inez Moore Tenenbaum, for Ricky S., for Lafayette M., for Christopher M., for Benny B., for Alfred S., for Alexander S. Answer due on 1/17/91 for SC Dept of Youth Svc, for J. P. Neal, for Karole Jensen, for Joseph W. Hudgens, for Kathleen P. Jennings, for Frank Mauldin, for John F. Henry, for Richard E. Mclawhorn (swil) (Entered: 01/08/1991)

RECAP
Jan. 15, 1991

Status conference held(JFA,jr/kb,contract) Oral motion by Ed Woodward, Esq. for extension of time to answer Complaint - GRANTED. Court appoints Inez Moore Tenenbaum as GAL (Order will be issued). Court defers ruling on pltf's motions for Class Action Certification and for Appointment of Counsel until issues have been joined. Scheduling Order will be issued w/90 days discovery time. Attorneys to discuss possible bifurcation of issues for trial. (swil)

Jan. 15, 1991

Oral order:, reset answer due for 1/31/91 for SC Dept of Youth Svc, for J. P. Neal, for Karole Jensen, for Joseph W. Hudgens, for Kathleen P. Jennings, for Frank Mauldin, for John F. Henry, for Richard E. Mclawhorn, an resetanswers to interrogatories due for 3/4/91 ( by Judge Joseph F. Anderson Jr. ) (swil)

9 Jan. 16, 1991

SCHEDULING ORDER setting Joining of parties,amending of pleadings on 3/1/91 ; Deadline for filing of all motions 8/15/91 ; Discovery cutoff 7/15/91 ; Trial date set for 10/7/91 ( signed by Judge Joseph F. Anderson Jr. ) (swil) (Entered: 01/16/1991)

RECAP
10 Jan. 16, 1991

ORDER granting [6-1] motion for appointment of Inez Moore Tenenbaum as guardian ad litem for Alexander S., Alfred S., Benny B., Christopher M., Lafayette M., Ricky S., a minor ( signed by Judge Joseph F. Anderson Jr. ) (swil) (Entered: 01/17/1991)

RECAP
11 Jan. 23, 1991

AMENDED COMPLAINT by Alexander S., Alfred S., Benny B., Christopher M., Lafayette M., Ricky S., Inez Moore Tenenbaum, (Answer due 2/4/91 for SC Dept of Youth Svc, for J. P. Neal, for Karole Jensen, for Joseph W. Hudgens, for Kathleen P. Jennings, for Frank Mauldin, for John F. Henry, for Richard E. Mclawhorn ) amending [1-1] complaint (swil) (Entered: 01/24/1991)

Clearinghouse
12 Feb. 11, 1991

ANSWER by SC Dept of Youth Svc, J. P. Neal, Karole Jensen, Joseph W. Hudgens, Kathleen P. Jennings, Frank Mauldin, John F. Henry, Richard E. Mclawhorn (Attorney Edward M. Woodward Jr, Michael Hart Montgomery, Vinton Devane Lide) to amended complaint (swil) (Entered: 02/13/1991)

RECAP
13 Feb. 15, 1991

Answers to 16B Interrogatories by SC Dept of Youth Svc, J. P. Neal, Karole Jensen, Joseph W. Hudgens, Kathleen P. Jennings, Frank Mauldin, John F. Henry, Richard E. Mclawhorn (swil) (Entered: 02/19/1991)

RECAP
14 March 7, 1991

ORDER granting [4-2] motion for appointment of counsel ( signed by Judge Joseph F. Anderson Jr. ) (swil) (Entered: 03/08/1991)

RECAP
15 March 7, 1991

ORDER granting [4-1] motion to certify class action ( signed by Judge Joseph F. Anderson Jr. ) (swil) (Entered: 03/08/1991)

RECAP
16 March 11, 1991

MOTION by Inez Moore Tenenbaum, Ricky S., Lafayette M., Christopher M., Benny B., Alfred S., Alexander S. for discovery Order to allow inspection and filming of premises (swil) (Entered: 03/18/1991)

RECAP
17 March 11, 1991

MEMORANDUM by Inez Moore Tenenbaum, Ricky S., Lafayette M., Christopher M., Benny B., Alfred S., Alexander S. in support of [16-1] motion for discovery Order to allow inspection and filming of premises (swil) (Entered: 03/18/1991)

RECAP
18 April 1, 1991

MEMORANDUM by SC Dept of Youth Svc, J. P. Neal, Karole Jensen, Joseph W. Hudgens, Kathleen P. Jennings, Frank Mauldin, John F. Henry, Richard E. Mclawhorn in opposition to [16-1] motion for discovery Order to allow inspection and filming of premises (swil) (Entered: 04/02/1991)

RECAP
19 April 9, 1991

CONSENT ORDER dismissing Joseph W. Hudgens from the action with prejudice. ( signed by Judge Joseph F. Anderson Jr. ) (swil) (Entered: 04/09/1991)

RECAP
20 April 17, 1991

MOTION by Inez Moore Tenenbaum, Ricky S., Lafayette M., Christopher M., Benny B., Alfred S., Alexander S. for appt. of experts (swil) (Entered: 04/22/1991)

RECAP
21 April 17, 1991

MEMORANDUM by Inez Moore Tenenbaum, Ricky S., Lafayette M., Christopher M., Benny B., Alfred S., Alexander S. in support of [20-1] motion for appt. of experts (swil) (Entered: 04/22/1991)

RECAP
April 30, 1991

Status conference held(JFA,Jr./ ) Court orders videotape to be made (over obj. of deft). Ct. to make personal visit to facility. Colloquy with regard to experts. Disc. to be extended. (deputy bw) (swil)

22 May 1, 1991

MEMORANDUM/PROPOSED LIST OF EXPERT WITNESSES by Inez Moore Tenenbaum, Ricky S., Lafayette M., Christopher M., Benny B., Alfred S., Alexander S. in support of [20-1] motion for appt. of experts (swil) (Entered: 05/03/1991)

RECAP
23 May 6, 1991

RESPONSE by SC Dept of Youth Svc, J. P. Neal, Karole Jensen, Kathleen P. Jennings, Frank Mauldin, John F. Henry, Richard E. Mclawhorn to [20-1] motion for appt. of experts (swil) (Entered: 05/07/1991)

RECAP
24 May 30, 1991

DISCOVERY ORDER granting [16-1] motion for discovery Order to allow inspection and filming of premises ( signed by Judge Joseph F. Anderson Jr. ) (swil) (Entered: 06/03/1991)

RECAP
June 11, 1991

Motion hearing re: [20-1] motion for appt. of experts. Court takes motion under adv. and gives deft. 1 week to submit names of general experts and 1 week to file objs. to Dr. Frank Provenzo (name subm. by pltf.) Pltf. to file written motion for production of certain employee records w/i 10 days from today. (former empl)

25 June 14, 1991

MOTION by Inez Moore Tenenbaum, Ricky S., Lafayette M., Christopher M., Benny B., Alfred S., Alexander S. for access to defts' institutional records (swil) (Entered: 06/17/1991)

RECAP
26 June 28, 1991

RESPONSE by SC Dept of Youth Svc, J. P. Neal, Karole Jensen, Kathleen P. Jennings, Frank Mauldin, John F. Henry, Richard E. Mclawhorn to [25-1] motion for access to defts' institutional records (swil) (Entered: 07/01/1991)

RECAP
July 19, 1991

Motion hearing re: [25-1] motion for access to defts' institutional records at 10:45 7/26/91, [20-1] motion for appt. of experts at 10:45 7/26/91 (swil)

27 July 26, 1991

CONSENT ORDER FOR EXTENSION OF DISCOVERY TIME, reset scheduling order deadlines: Deadline for filing of all motions by 10/15/91 Discovery deadline on 9/16/91 Bench Trial set for 12/2/91 ; ( signed by Judge Joseph F. Anderson Jr. ) (swil) (Entered: 07/29/1991)

RECAP
July 26, 1991

Motion hearing re: [25-1] motion for access to defts' institutional records Motion hearing held, [20-1] motion for appt. of experts Motion hearing held. Court grants pltf's motion for access to institutiional records. Pltf's motion for appointment of experts, granted, in part. Dr, Deniro apptd. as expert for pltf. on "limited" basis. Deft. to defray costs up to $5,000.00. Court refuses to appt. add. requested experts for pltf. Court to issue written order. (former empl)

July 26, 1991

Text not available.

July 26, 1991

Minute entry: granting [20-1] motion for appt. of experts (former empl)

28 Aug. 5, 1991

MOTION by SC Dept of Youth Svc, J. P. Neal, Karole Jensen, Kathleen P. Jennings, Frank Mauldin, John F. Henry, Richard E. Mclawhorn to abstain (swil) (Entered: 08/07/1991)

RECAP
29 Aug. 5, 1991

MEMORANDUM by SC Dept of Youth Svc, J. P. Neal, Karole Jensen, Kathleen P. Jennings, Frank Mauldin, John F. Henry, Richard E. Mclawhorn in support of [28-1] motion to abstain (swil) (Entered: 08/07/1991)

RECAP
30 Aug. 13, 1991

ORDER appointing Paul W. DeMuro as an expert in this case; defts. shall compensate Mr. DeMuro at his normal hourly rate, not to exceed $5,000.00; the motion for appt. of add'l experts shall be held in abeyance pending receipt of Mr. DeMuro's recommendations ( signed by Judge Joseph F. Anderson Jr. ) (swil) (Entered: 08/13/1991)

RECAP
31 Aug. 19, 1991

RESPONSE by Inez Moore Tenenbaum, Ricky S., Lafayette M., Christopher M., Benny B., Alfred S., Alexander S. to [28-1] motion to abstain (swil) (Entered: 08/23/1991)

RECAP
32 Aug. 22, 1991

NOTICE OF APPEAL by SC Dept of Youth Svc, J. P. Neal, Karole Jensen, Joseph W. Hudgens, Kathleen P. Jennings, Frank Mauldin, John F. Henry, Richard E. Mclawhorn . Fee Status: Unpaid, Transcript purchase order due on 9/2/91 (former empl) (Entered: 08/26/1991)

RECAP
33 Aug. 22, 1991

Docketing Statement for [32-1] appeal by Richard E. Mclawhorn, John F. Henry, Frank Mauldin, Kathleen P. Jennings, Joseph W. Hudgens, Karole Jensen, J. P. Neal, SC Dept of Youth Svc (former empl) (Entered: 08/26/1991)

RECAP
34 Aug. 22, 1991

Transcript purchase order [32-1] appeal by Richard E. Mclawhorn, John F. Henry, Frank Mauldin, Kathleen P. Jennings, Joseph W. Hudgens, Karole Jensen, J. P. Neal, SC Dept of Youth Svc Transcript due 10/21/91 (former empl) (Entered: 08/26/1991)

RECAP
36 Aug. 28, 1991

CERTIFICATE OF COMPLETENESS BY STACEY WILSON . (former empl) (Entered: 08/30/1991)

RECAP
Aug. 30, 1991

APPEAL fees received $ $105.00 Paid (former empl)

Sept. 11, 1991

APPEAL fees received $ $105.00 paid 8-26-91, (former empl)

Sept. 11, 1991

USCA Case Number Re: [32-1] appeal by Richard E. Mclawhorn, John F. Henry, Frank Mauldin, Kathleen P. Jennings, Joseph W. Hudgens, Karole Jensen, J. P. Neal, SC Dept of Youth Svc USCA NUMBER: 91-2195 (former empl)

38 Sept. 23, 1991

ORDER ( signed by Judge Joseph F. Anderson Jr. ) dir. that court approves counsel's request that parties have agreed to embark upon a negotiation period on all but one point raised by lawsuit; sessions to occur on weekly basis with periodic status conferences before court no less frequently than monthly (first session to occur on 9/20/91) - process to cont. for 6 months. Ct. finds no fault with this procedure and will place case on inactive status for this time period, with all pending motions to be held in abeyance. Mini-trial on issue of "population" to be schd. some time in Nov. or Dec, 1991 (disc. on this issue to be cont'd). mld eod 9/24/91. (former empl) (Entered: 09/25/1991)

RECAP
37 Sept. 24, 1991

ORDER ( signed by Judge Joseph F. Anderson Jr. ) dir. that order of 8/13/91 is modified to provide that question of which party shall be required to pay Dr. DeMuro's fee shall be reserved until conclusion of this action. If the pltfs. are the prevailing parties, the court may require the defts. to pay the DeMuro fee. MLD EOD 9/24/91. (former empl) (Entered: 09/24/1991)

RECAP
39 Sept. 25, 1991

ORDER mooting [28-1] motion to abstain ( signed by Judge Joseph F. Anderson Jr. ) mld eod 9/26/91 (former empl) (Entered: 09/26/1991)

RECAP
40 Oct. 3, 1991

ORDER appointing Paul W. DeMuro as pltf's expert witness; that court reserves judgment on the issue of Dr. DeMuro's compensation. ( signed by Judge Joseph F. Anderson Jr. ) (former empl) (Entered: 10/03/1991)

RECAP
Oct. 22, 1991

Deadline updated; reset bench trial for 1/6/92 (swil)

41 Oct. 29, 1991

APPELLATE ORDER dismissing appeal w/out prejudice pursuant to Rule 42(b) FRAP; appellant shall bear all costs & fees; this order be issued as & for the mandate, Re: [32-1] appeal by Richard E. Mclawhorn, John F. Henry, Frank Mauldin, Kathleen P. Jennings, Joseph W. Hudgens, Karole Jensen, J. P. Neal, SC Dept of Youth Svc (former empl) (Entered: 10/31/1991)

RECAP
42 Dec. 4, 1991

Stipulation of Fact by SC Dept of Youth Svc, J. P. Neal, Karole Jensen, Joseph W. Hudgens, Kathleen P. Jennings, Frank Mauldin, John F. Henry, Richard E. Mclawhorn, Inez Moore Tenenbaum, Ricky S., Lafayette M., Christopher M., Benny Alfred S., Alexander S. (former empl) (Entered: 12/05/1991)

RECAP
Dec. 4, 1991

Bench trial held (JFA,jr/gs). Opening statements. WITNESSES/EXHIBITS. (former empl)

43 Dec. 5, 1991

REPORT OF THE GAL on the Effects of Overcrowding at S. C. Dept. of Youth Services. (former empl) (Entered: 12/05/1991)

RECAP
Dec. 5, 1991

Bench trial completed (JFA,jr/gs). WITNESSES/EXHIBITS. Closing arguments. Ct. takes under advisement and directs counsel to submit proposed Findings of Fact and Conclusions of Law by 12/31/91. (former empl)

44 Jan. 6, 1992

PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW by pltfs. (swil) (Entered: 01/07/1992)

RECAP
Jan. 14, 1992

Status conference held (JFA,jrjl). Colloquy with regard to factors (population issue and totality of circumstances) court should consider in his ruling. Written order to be issued. (former empl)

45 Jan. 21, 1992

ORDER pparties to take following actions: 1) to agree on definition of "seriously handicapped by mental illness or retardation. If no agreement, both sides should submit briefs; 2) defts to submit to Ct. explanation of community treatment plan for status offenders, both before and after 7/92; 3) when defts submit info. on juveniles as per 1/14/92 hearing, it should also contain how many times juvenile appeared before family court judge and other procedural information. All information should be submitted no later than 2/14/92.( signed by Judge Joseph F. Anderson Jr. ) (swil) (Entered: 01/22/1992)

RECAP
46 Feb. 10, 1992

BRIEF OF AMICUS CURIAE (swil) (Entered: 02/11/1992)

RECAP
47 March 31, 1992

ORDER 1) that the Ct. declines to make findings re: pop. ceilings; case to be restored to the active docket; parties to submit nominations for Ct appointed expert witnesses w/i 15 days of this order; all disc. to be completed by 7/15/92. 2) the Ct. certifies subclass of pltfs. consisting of juveniles presently and in the future housed at DYS who are seriously mentally retarded or mentally ill as defined in finding of fact #7. 3) Defts. to immediately determine exact # of members of above subclass and report to the Ct. their finding w/plans for transfer w/i 30 days of this order. A tentative deadline of 5 months from the date of this Order is set for all transfers to be completed. ( signed by Judge Joseph F. Anderson Jr. ) (swil) (Entered: 03/31/1992)

RECAP
48 March 31, 1992

AMENDED SCHEDULING ORDER setting Joining of parties,amending of pleadings on 4/17/92 ; Deadline for filing of all motions 7/29/92 ; Discovery cutoff 7/15/92 ; Bench Trial set for 9/7/92 ; ( signed by Judge Joseph F. Anderson Jr. ) (swil) (Entered: 03/31/1992)

RECAP
49 April 15, 1992

BRIEF OF PROPOSED EXPERT WITNESSES by Inez Moore Tenenbaum, Ricky S., Lafayette M., Christopher M., Benny B., Alfred S., Alexander S. (swil) (Entered: 04/16/1992)

RECAP
50 April 21, 1992

SUPPLEMENTAL MEMORANDUM/NOMINATION OF EXPERTS by SC Dept of Youth Svc, J. P. Neal, Karole Jensen, Kathleen P. Jennings, Frank Mauldin, John F. Henry, Richard E. Mclawhorn (swil) (Entered: 04/21/1992)

RECAP
51 April 24, 1992

SUPPLEMENTAL ORDER supplementing the definition of mental illness and mentally handicapped set forth in this court's order of 3/31/92. ( signed by Judge Joseph F. Anderson Jr. ) (swil) (Entered: 04/24/1992)

RECAP
52 April 24, 1992

MOTION by Inez Moore Tenenbaum, Ricky S., Lafayette M., Christopher M., Benny B., Alfred S., Alexander S. for attorney fees, costs and expenses (swil) (Entered: 04/27/1992)

RECAP
53 April 24, 1992

MEMORANDUM by Inez Moore Tenenbaum, Ricky S., Lafayette M., Christopher M., Benny B., Alfred S., Alexander S. in support of [52-1] motion for attorney fees, costs and expenses, w/affidavits in support w/i the bound document. (swil) (Entered: 04/27/1992)

RECAP
54 April 30, 1992

MEMORANDUM in COMPLIANCE WITH COURT'S ORDER by SC Dept of Youth Svc, J. P. Neal, Karole Jensen, Kathleen P. Jennings, Frank Mauldin, John F. Henry, Richard E. Mclawhorn (swil) (Entered: 05/01/1992)

RECAP
55 May 5, 1992

ORDER modifying the 3/31/92 order so as to explicitly provide that the relief granted shall only apply to juveniles incarcerated at R&E and the three long-term institutions. ( signed by Judge Joseph F. Anderson Jr. ) (swil) (Entered: 05/06/1992)

RECAP
56 May 6, 1992

ORDER denying [52-1] motion for attorney fees, costs and expenses W/O PREJUDICE. ( signed by Judge Joseph F. Anderson Jr. ) (swil) (Entered: 05/07/1992)

RECAP
57 May 6, 1992

AMENDED MEMORANDUM IN COMPLIANCE WITH COURT'S ORDER by SC Dept of Youth Svc, J. P. Neal, Karole Jensen, Kathleen P. Jennings, Frank Mauldin, John F. Henry, Richard E. Mclawhorn (swil) (Entered: 05/07/1992)

RECAP
58 May 15, 1992

AMENDED PETITION/MOTION AND MEMORANDUM by Inez Moore Tenenbaum, Ricky S., Lafayette M., Christopher M., Benny B., Alfred S., Alexander S. for attorney fees, costs, and expenses (swil) (Entered: 05/15/1992)

RECAP
59 May 21, 1992

ORDER clarifying erroneous statements of fact contained in a letter by the SCDMR to family court judges; this Court has not and will not issue orders to family court judges purporting to direct which juveniles may or may not be assigned to DYS; this order to be mailed to all family court judges. EOD 5-21-92. ( signed by Judge Joseph F. Anderson Jr. ) (swil) (Entered: 05/26/1992)

RECAP
60 May 22, 1992

ORDER vacating the portion of the March 31, 1992 order granting immediate relief to the defined sub-class; DYS to take steps to secure return of juveniles who have been transferred out of its physical custody; mooting [58-1] motion for attorney fees, costs, and expenses EOD 5-22-92. ( signed by Judge Joseph F. Anderson Jr. ) (swil) (Entered: 05/26/1992)

RECAP
61 May 27, 1992

ORDER APPOINTING EXPERT WITNESSES appointing the following experts pursuant to Fed. Rules of Evidence 706: James O. Finckenauer, Danie A. Johnson, Bethann Jenks, Kay W. Allen, and Margaret Beyer. Each expert to file report w/Clerk in his area of expertise regarding the issues in dispute. (signed by Judge Joseph F. Anderson Jr. ) (swil) (Entered: 05/28/1992)

RECAP
62 May 27, 1992

MOTION AND MEMORANDUM by plaintiff Inez Moore Tenenbaum, plaintiff Ricky S., plaintiff Lafayette M., plaintiff Christopher M., plaintiff Benny B., plaintiff Alfred S., plaintiff S. to amend [60-1] order purs. to Rule 52b (swil) (Entered: 05/28/1992)

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63 June 2, 1992

MOTION to intervene by Richard A. Harpootlian (swil) (Entered: 06/04/1992)

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64 June 2, 1992

NOTICE of MOTION TO INTERVENE by intervenor-defendant Richard A. Harpootlian (swil) (Entered: 06/04/1992)

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65 June 2, 1992

MEMORANDUM by intervenor-defendant Richard A. Harpootlian in support of [63-1] motion to intervene by Richard A. Harpootlian, w/proposed answer attached. (swil) (Entered: 06/04/1992)

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June 2, 1992

Motion hearing re: [62-1] motion to amend [60-1] order purs. to Rule 52b at 9:00 6/12/92 (swil)

66 June 12, 1992

AFFIDAVIT by Paula Finley for notice only Sandra Ray of the SC Continuum of Care for Emotionally Disturbed Children. (swil) (Entered: 06/16/1992)

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67 June 12, 1992

AFFIDAVIT by John A. Morris, Jr. on behalf of notice only Kennerly M. McLendon of the SC Dept. of Mental Health. (swil) (Entered: 06/16/1992)

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June 12, 1992

Motion hearing re: [62-1] motion to amend [60-1] order purs. to Rule 52b Motion hearing held. (JFA,jr/gs). Motion taken under advisement. Court to issue written order. All future orders and notices for hearings to be provided to all interested state agencies. (former empl)

June 12, 1992

Minute entry: [62-1] motion to amend [60-1] order purs. to Rule 52b taken under advisement (former empl)

68 June 30, 1992

ORDER that defts. to pay Professor Finckenauer $4,400.00 for his time and reimburse him $1,136.00 for out-of-pocket expenses. Amount to be remitted to him w/i 10 days of the date of this order. ( signed by Judge Joseph F. Anderson Jr. ) (swil) (Entered: 07/01/1992)

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69 July 2, 1992

Transcript(khb/contract) of proceedings held 1/15/91 before Judge Joe Anderson, Jr. in Cola, SC. (swil) (Entered: 07/06/1992)

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July 2, 1992

Motion hearing re: [63-1] motion to intervene by Richard A. Harpootlian at 11:00 7/16/92 (swil)

70 July 6, 1992

ORDER denying [62-1] motion to amend [60-1] order purs. to Rule 52b ( signed by Judge Joseph F. Anderson Jr. ) (swil) (Entered: 07/07/1992)

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71 July 7, 1992

Offer of judgment by defendant SC Dept of Youth Svc, defendant J. P. Neal, defendant Karole Jensen, defendant Kathleen P. Jennings, defendant Frank Mauldin, defendant John F. Henry, defendant Richard E. Mclawhorn (swil) (Entered: 07/07/1992)

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72 July 17, 1992

WITHDRAWAL OF Offer of judgment by defendant SC Dept of Youth Svc, defendant J. P. Neal, defendant Karole Jensen, defendant Kathleen P. Jennings, defendant Frank Mauldin, defendant John F. Henry, defendant Richard E. Mclawhorn (swil) (Entered: 07/21/1992)

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73 July 22, 1992

Amended Answers to 16B Interrogatories by plaintiff Inez Moore Tenenbaum, plaintiff Ricky S., plaintiff Lafayette M., plaintiff Christopher M., plaintiff Benny B., plaintiff Alfred S., plaintiff Alexander S. (swil) (Entered: 07/22/1992)

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74 July 24, 1992

MOTION by plaintiff Inez Moore Tenenbaum, plaintiff Ricky S., plaintiff Lafayette M., plaintiff Christopher M., plaintiff Benny B., plaintiff Alfred S., plaintiff Alexander S. for hearing to set scheduling Order (swil) (Entered: 07/24/1992)

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75 Aug. 3, 1992

Transcript(jlp) of proceedings held on 1/14/92. (swil) (Entered: 08/04/1992)

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76 Aug. 3, 1992

Transcript(jlp) of proceedings held on 7/26/91. (swil) (Entered: 08/04/1992)

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Aug. 4, 1992

Motion hearing set [63-1] motion to intervene by Richard A. Harpootlian at 9:00 8/12/92 (swil)

77 Aug. 7, 1992

MEMORANDUM by defendant SC Dept of Youth Svc, defendant J. P. Neal, defendant Karole Jensen, defendant Kathleen P. Jennings, defendant Frank Mauldin, defendant John F. Henry, defendant Richard E. Mclawhorn in opposition to [63-1] motion to intervene by Richard A. Harpootlian (swil) (Entered: 08/10/1992)

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78 Aug. 11, 1992

MEMORANDUM by plaintiff Inez Moore Tenenbaum, plaintiff Ricky S., plaintiff Lafayette M., plaintiff Christopher M., plaintiff Benny B., plaintiff Alfred S., plaintiff Alexander S. in opposition to [63-1] motion to intervene by Richard A. Harpootlian (swil) (Entered: 08/13/1992)

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Aug. 12, 1992

Motion hearing(JFA,Jr/w. cecil,contract) re: [74-1] motion for hearing to set scheduling Order, [63-1] motion to intervene by Richard A. Harpootlian held. Ct. grants motion to extend scheduling Order; disc. will not end until last report of expert filed (apprx. 2/93). Ct. denies motion to intervene, grants Solicitor amicus status with rights to object. Further briefing allowed on atty's fees issue, further briefs due w/i 30 days. Ct. to issue written order. (swil)

79 Aug. 21, 1992

ORDER denying [63-1] motion to intervene by Richard A. Harpootlian; solicitor to proceed as amicus curiae instead, w/permission to object to any final order or settlement which may be reached in this matter. ( signed by Judge Joseph F. Anderson Jr. ) (swil) (Entered: 08/21/1992)

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80 Aug. 21, 1992

REVISED SCHEDULING ORDER setting Discovery cutoff 2/15/93 ; parties need add'l time after receipt of experts reports (90 days) for depositions and trial preparations.( signed by Judge Joseph F. Anderson Jr. ) (swil) (Entered: 08/21/1992)

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Case Details

State / Territory:

South Carolina

Case Type(s):

Juvenile Institution

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 28, 1990

Closing Date: 1998

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All juveniles who were or would be confined in the correctional facilities of the South Carolina Department of Juvenile Justice.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State

State of South Carolina

Facility Type(s):

Government-run

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

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Equal Protection

Other Dockets:

District of South Carolina 3:90-cv-03062

U.S. Court of Appeals for the Fourth Circuit 96-02540

U.S. Court of Appeals for the Fourth Circuit 04-07421

Supreme Court of the United States 97-737

U.S. Court of Appeals for the Fourth Circuit 96-01036

U.S. Court of Appeals for the Fourth Circuit 96-01950

U.S. Court of Appeals for the Fourth Circuit 96-02589

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Issues

General/Misc.:

Access to lawyers or judicial system

Classification / placement

Fire safety

Sanitation / living conditions

Totality of conditions

Affected Sex/Gender(s):

Male

Jails, Prisons, Detention Centers, and Other Institutions:

Assault/abuse by staff (facilities)

Disciplinary segregation

Recommended Citation