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 attrorneys, see: https://www.courtlistener.com/docket/9955366/parties/s-v-boyd/


Judge(s)

Anderson, Joseph Fletcher Jr. (South Carolina)

Burnside, Robert (South Carolina)

King, Robert Bruce (South Carolina)

Motz, Diana Jane Gribbon (Maryland)

Murnaghan, Francis Dominic Jr. (Maryland)

Niemeyer, Paul Victor (Maryland)

Williams, Alexander Jr. (Maryland)

Attorneys(s) for Plaintiff

Bowers, Lesly A. (South Carolina)

Brown, William S. (South Carolina)

Eklund, Wally (South Dakota)

Judge(s)

Anderson, Joseph Fletcher Jr. (South Carolina)

Burnside, Robert (South Carolina)

King, Robert Bruce (South Carolina)

Motz, Diana Jane Gribbon (Maryland)

Murnaghan, Francis Dominic Jr. (Maryland)

Niemeyer, Paul Victor (Maryland)

Williams, Alexander Jr. (Maryland)

Attorneys(s) for Plaintiff

Bowers, Lesly A. (South Carolina)

Brown, William S. (South Carolina)

Eklund, Wally (South Dakota)

Fairey, W. Gaston (South Carolina)

Finley, Michael (District of Columbia)

Glenn, Susan (South Carolina)

Harris, Alice V. (South Carolina)

Jacobs, Jeff (South Carolina)

Macaulay, Angus Jr. (South Carolina)

McCormick, Nancy Campbell (South Carolina)

Meriwether, Robert O. (South Carolina)

Mills, J. Christopher (South Carolina)

Pochop, Stephanie (South Dakota)

Romosca, Rochelle L. (South Carolina)

Scarborough, Claude M. (South Carolina)

Schindler, Marc (District of Columbia)

Scott, M. Clifton (South Carolina)

Shaw, Robert Bruce (South Carolina)

Soler, Mark I. (California)

Tenenbaum, Inez Moore (South Carolina)

Attorneys(s) for Defendant

Cooper, James D. Jr. (South Carolina)

Davidson, William Henry II (South Carolina)

Leventis, James C. (South Carolina)

Lide, Vinton Devane (South Carolina)

Lindemann, Andrew F. (South Carolina)

Matthews, Carolyn Cason (South Carolina)

Montgomery, Michael Hart (South Carolina)

Pauley, Michael Stephen (South Carolina)

Pincelli, John A. (South Carolina)

Potts, Frank S. (South Carolina)

Reeves, Paul L. (South Carolina)

Smith, Frances G. (South Carolina)

Vanderbilt, Larry L. (South Carolina)

Woodward, Edward M. Jr. (South Carolina)

Other Attorney(s)

Batson, Larry (South Carolina)

Harpootlian, Richard A (South Carolina)

Hough, A. Randolph (South Carolina)

McKim, Rochelle Romosca (South Carolina)

Walker, Holly (Texas)

Documents in the Clearinghouse

Document

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

876 F.Supp. 773

Feb. 17, 1995

Feb. 17, 1995

Order/Opinion
235

3:90-cv-03062

Order

Alexander S. v. Flora Brooks Boyd

929 F.Supp. 925

Nov. 22, 1995

Nov. 22, 1995

Order/Opinion

96-01036

Opinion

Alexander S. v. Boyd

U. S. Court of Appeals for the Fourth Circuit

89 F.3d 827, 1996 WL 329529

June 6, 1996

June 6, 1996

Order/Opinion

96-01950

96-02589

Opinion

Alexander S. v. Boyd

U. S. Court of Appeals for the Fourth Circuit

113 F.3d 1373

May 28, 1997

May 28, 1997

Order/Opinion

96-02540

Opinion

Thomas J. Davis v. Flora Brooks Boyd

U. S. Court of Appeals for the Fourth Circuit

116 F.3d 1473, 1997 WL 355626

June 27, 1997

June 27, 1997

Order/Opinion

96-02540

USCA Per Curiam Opinion

Davis v. Boyd

U. S. Court of Appeals for the Fourth Circuit

1997 U.S.App.LEXIS 15559

June 27, 1997

June 27, 1997

Order/Opinion

97-00737

Opinion

Alexander S. v. Boyd

Supreme Court of the United States

522 U.S. 1090, 118 S.Ct. 880, 139 L.Ed.2d 869

Jan. 26, 1998

Jan. 26, 1998

Order/Opinion

Resources

Docket

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

Last updated Aug. 12, 2022, 11:16 a.m.

ECF Number Description Date Link Date / Link
1

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)

Dec. 28, 1990

Dec. 28, 1990

Clearinghouse
2

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)

Dec. 28, 1990

Dec. 28, 1990

PACER
3

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)

Dec. 28, 1990

Dec. 28, 1990

PACER
4

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)

Dec. 28, 1990

Dec. 28, 1990

PACER
5

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)

Dec. 28, 1990

Dec. 28, 1990

PACER
6

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)

Dec. 28, 1990

Dec. 28, 1990

PACER
7

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)

Dec. 28, 1990

Dec. 28, 1990

PACER
8

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)

Jan. 7, 1991

Jan. 7, 1991

PACER

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

Jan. 15, 1991

PACER

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)

Jan. 15, 1991

Jan. 15, 1991

PACER
9

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)

Jan. 16, 1991

Jan. 16, 1991

PACER
10

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)

Jan. 16, 1991

Jan. 16, 1991

PACER
11

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)

Jan. 23, 1991

Jan. 23, 1991

Clearinghouse
12

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)

Feb. 11, 1991

Feb. 11, 1991

PACER
13

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)

Feb. 15, 1991

Feb. 15, 1991

PACER
14

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

March 7, 1991

March 7, 1991

PACER
15

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

March 7, 1991

March 7, 1991

PACER
16

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)

March 11, 1991

March 11, 1991

PACER
17

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)

March 11, 1991

March 11, 1991

PACER
18

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)

April 1, 1991

April 1, 1991

PACER
19

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

April 9, 1991

April 9, 1991

PACER
20

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)

April 17, 1991

April 17, 1991

PACER
21

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)

April 17, 1991

April 17, 1991

PACER

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)

April 30, 1991

April 30, 1991

PACER
22

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)

May 1, 1991

May 1, 1991

PACER
23

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)

May 6, 1991

May 6, 1991

PACER
24

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)

May 30, 1991

May 30, 1991

PACER

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)

June 11, 1991

June 11, 1991

PACER
25

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)

June 14, 1991

June 14, 1991

PACER
26

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)

June 28, 1991

June 28, 1991

PACER

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)

July 19, 1991

July 19, 1991

PACER

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

July 26, 1991

PACER

Text not available.

July 26, 1991

July 26, 1991

PACER

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

July 26, 1991

July 26, 1991

PACER
27

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)

July 26, 1991

July 26, 1991

PACER
28

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)

Aug. 5, 1991

Aug. 5, 1991

PACER
29

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)

Aug. 5, 1991

Aug. 5, 1991

PACER
30

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)

Aug. 13, 1991

Aug. 13, 1991

PACER
31

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)

Aug. 19, 1991

Aug. 19, 1991

PACER
32

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)

Aug. 22, 1991

Aug. 22, 1991

PACER
33

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)

Aug. 22, 1991

Aug. 22, 1991

PACER
34

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)

Aug. 22, 1991

Aug. 22, 1991

PACER
36

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

Aug. 28, 1991

Aug. 28, 1991

PACER

APPEAL fees received $ $105.00 Paid (former empl)

Aug. 30, 1991

Aug. 30, 1991

PACER

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

Sept. 11, 1991

Sept. 11, 1991

PACER

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)

Sept. 11, 1991

Sept. 11, 1991

PACER
38

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)

Sept. 23, 1991

Sept. 23, 1991

PACER
37

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)

Sept. 24, 1991

Sept. 24, 1991

PACER
39

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)

Sept. 25, 1991

Sept. 25, 1991

PACER
40

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)

Oct. 3, 1991

Oct. 3, 1991

PACER

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

Oct. 22, 1991

Oct. 22, 1991

PACER
41

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)

Oct. 29, 1991

Oct. 29, 1991

PACER
42

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)

Dec. 4, 1991

Dec. 4, 1991

PACER

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

Dec. 4, 1991

Dec. 4, 1991

PACER

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)

Dec. 5, 1991

Dec. 5, 1991

PACER
43

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

Dec. 5, 1991

Dec. 5, 1991

PACER
44

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

Jan. 6, 1992

Jan. 6, 1992

PACER

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)

Jan. 14, 1992

Jan. 14, 1992

PACER
45

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)

Jan. 21, 1992

Jan. 21, 1992

PACER
46

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

Feb. 10, 1992

Feb. 10, 1992

PACER
47

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)

March 31, 1992

March 31, 1992

PACER
48

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)

March 31, 1992

March 31, 1992

PACER
49

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)

April 15, 1992

April 15, 1992

PACER
50

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)

April 21, 1992

April 21, 1992

PACER
51

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)

April 24, 1992

April 24, 1992

PACER
52

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)

April 24, 1992

April 24, 1992

PACER
53

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)

April 24, 1992

April 24, 1992

PACER
54

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)

April 30, 1992

April 30, 1992

PACER
55

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)

May 5, 1992

May 5, 1992

PACER
56

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)

May 6, 1992

May 6, 1992

PACER
57

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)

May 6, 1992

May 6, 1992

PACER
58

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)

May 15, 1992

May 15, 1992

PACER
59

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)

May 21, 1992

May 21, 1992

PACER
60

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)

May 22, 1992

May 22, 1992

PACER
61

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)

May 27, 1992

May 27, 1992

PACER
62

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)

May 27, 1992

May 27, 1992

PACER

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

June 2, 1992

June 2, 1992

PACER
63

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

June 2, 1992

June 2, 1992

PACER
64

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

June 2, 1992

June 2, 1992

PACER
65

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)

June 2, 1992

June 2, 1992

PACER

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

June 12, 1992

PACER

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

June 12, 1992

June 12, 1992

PACER
66

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

June 12, 1992

June 12, 1992

PACER
67

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)

June 12, 1992

June 12, 1992

PACER
68

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)

June 30, 1992

June 30, 1992

PACER

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

July 2, 1992

July 2, 1992

PACER
69

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

July 2, 1992

July 2, 1992

PACER
70

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)

July 6, 1992

July 6, 1992

PACER
71

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)

July 7, 1992

July 7, 1992

PACER
72

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)

July 17, 1992

July 17, 1992

PACER
73

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)

July 22, 1992

July 22, 1992

PACER
74

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)

July 24, 1992

July 24, 1992

PACER
75

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

Aug. 3, 1992

Aug. 3, 1992

PACER
76

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

Aug. 3, 1992

Aug. 3, 1992

PACER

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

Aug. 4, 1992

Aug. 4, 1992

PACER
77

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)

Aug. 7, 1992

Aug. 7, 1992

PACER
78

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)

Aug. 11, 1992

Aug. 11, 1992

PACER

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)

Aug. 12, 1992

Aug. 12, 1992

PACER
79

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)

Aug. 21, 1992

Aug. 21, 1992

PACER
80

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)

Aug. 21, 1992

Aug. 21, 1992

PACER

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 of South Carolina, 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

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 1995 - 0

Issues

General:

Access to lawyers or judicial system

Assault/abuse by residents/inmates/students

Classification / placement

Disciplinary segregation

Fire safety

Sanitation / living conditions

Totality of conditions

Affected Gender:

Male

Type of Facility:

Government-run