Case: Austin v. Haley

2:95-cv-00637 | U.S. District Court for the Middle District of Alabama

Filed Date: May 15, 1995

Clearinghouse coding complete

Case Summary

On May 15, 1995, inmates in the Alabama State Prison System filed this putative class action lawsuit in the United States District Court for the Middle District of Alabama under 42 U.S.C. § 1983 against the Alabama Department of Corrections (DOC) and the Governor of Alabama. Plaintiffs were represented by the Southern Poverty Law Center and private attorneys. The lawsuit challenged several policies and practices within the state prison system, including the failure to provide adequate toilet fa…

On May 15, 1995, inmates in the Alabama State Prison System filed this putative class action lawsuit in the United States District Court for the Middle District of Alabama under 42 U.S.C. § 1983 against the Alabama Department of Corrections (DOC) and the Governor of Alabama. Plaintiffs were represented by the Southern Poverty Law Center and private attorneys. The lawsuit challenged several policies and practices within the state prison system, including the failure to provide adequate toilet facilities to inmates on work squad. The DOC had implemented a policy where inmates on work squad were chained together in a "chain gang" and not provided with sufficient toilet facilities or facilities to wash their hands. They also remained chained together while using the facilities. On June 19, 1996, the parties stipulated that chaining the inmates together was no longer a practice of the DOC. That stipulation also dismissed the governor as a defendant.

The parties entered a settlement agreement, and the district court (Judge Myron H. Thompson) approved the agreement on August 10, 1998. Austin v. Hopper, 15 F.Supp.2d 1210 (M.D.Ala. 1998). According to the settlement agreement, the DOC would provide soap, water, and toilet paper and increase the number of toilets available. The court ordered the parties to file notice of the settlement to class members and provide a form for members to file their objections. The parties filed this notice on September 8, 1998 and the court approved it on September 22, 1998. On December 7, 1998, the court approved the settlement agreement and dismissed the claim. Austin v. Hopper, 28 F.Supp.2d 1231 (M.D.Ala. 1998).

Over the next five years, litigation continued regarding other practices of the DOC and attorneys' fees. Because this case predates Pacer, we do not have much information on these specific issues. On February 28, 2003, Magistrate Judge Susan R. Walker ordered mediation. On September 30, 2003, Judge Myron H. Thompson awarded plaintiffs $213,471.99. However, as of November 2018, the court has still inexplicably failed to enter the judgement. This case is presumably now closed.

Summary Authors

Angela Heverling (5/18/2006)

Richard Jolly (11/6/2014)

Anna Brito (11/2/2018)

People


Judge(s)

McPherson, Vanzetta Penn (Alabama)

Thompson, Myron Herbert (Alabama)

Attorneys(s) for Plaintiff

Bowden, Ellen M. (Alabama)

Brownstein, Rhonda C. (Alabama)

Cohen, J. Richard (Alabama)

Dees, Morris S. Jr. (Alabama)

Haber, Roy S. (Oregon)

Parks, Jack (Alabama)

Stadeker, Marcia Bull (Alabama)

Attorneys(s) for Defendant

Addison, William F. (Alabama)

Judge(s)

McPherson, Vanzetta Penn (Alabama)

Thompson, Myron Herbert (Alabama)

Attorneys(s) for Plaintiff

Bowden, Ellen M. (Alabama)

Brownstein, Rhonda C. (Alabama)

Cohen, J. Richard (Alabama)

Dees, Morris S. Jr. (Alabama)

Haber, Roy S. (Oregon)

Parks, Jack (Alabama)

Stadeker, Marcia Bull (Alabama)

Attorneys(s) for Defendant

Addison, William F. (Alabama)

Allen, Edward Smith (Alabama)

Butler, Albert Sims (Alabama)

Gray, William Patton Jr. (Alabama)

Hosp, Edward Andrew (Alabama)

Laurie, Robin Garrett (Alabama)

Pope, Nathan DeWayne (Alabama)

Redd, Andrew Weldon (Alabama)

Thomas, Kim Tobias (Alabama)

Expert/Monitor/Master

Ott, Ann Ashton Holmes (Alabama)

Documents in the Clearinghouse

Document

Docket (PACER)

June 7, 2013 Docket
37

Second Amended Complaint

Sept. 19, 1995 Pleading / Motion / Brief
140

Stipulation

Austin v. James

June 19, 1996 Settlement Agreement
337

Stipulation

Sept. 24, 1996 Order/Opinion
372

Recommendation of the Magistrate Judge

Austin v. James

Jan. 28, 1997 Order/Opinion
416

Memorandum Opinion

Austin v. Hopper

15 F.Supp.2d 1210, 1998 U.S.Dist.LEXIS 12651

Aug. 10, 1998 Order/Opinion
462

Memorandum Opinion

Austin v. Hopper

28 F.Supp.2d 1231, 1998 U.S.Dist.LEXIS 19346

Dec. 7, 1998 Order/Opinion
537

Renewed Motion for Pending Attorney's Fees

Sept. 30, 2010 Pleading / Motion / Brief

Docket

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

ECF Number Description Date Link
1

COMPLAINT. Filing Fee $120.00 Receipt #55676. DECLARATORY RELIEF. PERMANENT INJUNCTION. (dkt clerk) Modified on 05/15/1995 (Entered: 05/15/1995)

May 15, 1995
1

MOTION by Michael A. Austin to Certify Class (dkt clerk) (Entered: 05/15/1995)

May 15, 1995
2

SUMMONS [signed, sealed and given to attorney for personal service (with copy of complaint)] for Fob James and Ronald E. Jones (dkt clerk) (Entered: 05/15/1995)

May 15, 1995

Staff Attorney− Hinson− effective 11−10−97 (djy) (Entered: 11/10/1997)

May 15, 1995
3

SUMMONS Returned Executed as to Fob James (Troy King), Ronald E. Jones (Andrew Redd) on 5/15/95. Answer due on 6/4/95 for Ronald E. Jones, for Fob James (djy) (Entered: 05/16/1995)

May 16, 1995
4

MOTION by Fob James, Ronald E. Jones to Dismiss for forum non conveniens or, in the alternative to Transfer Case to the Northern District of Alabama referred to Mag Judge Vanzetta P. McPherson (djy) Modified on 06/20/1995 (Entered: 05/16/1995)

May 16, 1995
5

BRIEF by Fob James, Ronald E. Jones in support of [4−1] motion to Dismiss, or in the alternative [4−2] motion to Transfer Case to the Northern District of Alabama. Referred to Mag Judge Vanzetta P. McPherson (djy) (Entered: 05/16/1995)

May 16, 1995
6

ORDER setting Answer deadline to 6/6/95 for Ronald E. Jones, for Fob James ( signed by Mag Judge Vanzetta P. McPherson ). Copies mailed to counsel and defendants. (djy) (Entered: 05/17/1995)

May 17, 1995

File referred back to law clerk. (djy) (Entered: 05/17/1995)

May 17, 1995
8

MOTION by Michael A. Austin, Richard Elliot, Ogie Lee Hayes, Charles Orlander Guess to Certify Class referred to Mag Judge Vanzetta P. McPherson (djy) (Entered: 05/18/1995)

May 18, 1995
9

EMERGENCY MOTION (Exhibit A attached) by Michael A. Austin, Richard Elliot, Ogie Lee Hayes, Charles Orlander Guess for reasonable access to class members and witnesses referred to Mag Judge Vanzetta P. McPherson (djy) (Entered: 05/19/1995)

May 19, 1995
10

ORDER directing the plaintiffs to file a Response to defendants' [4−1] motion to dismiss, or in the alternative [4−2] motion to Transfer Case to the Northern District of Alabama , along with their brief in support thereof on or before 5−31−95 (signed by Mag Judge Vanzetta P. McPherson). Copies mailed to counsel. (djy) (Entered: 05/24/1995)

May 23, 1995
11

ORDER directing plaintiffs to file brief and evidentiary materials in support of motion for class certification due by 7/7/95 for Charles Orlander Guess, for Ogie Lee Hayes, for Richard Elliot, for Michael A. Austin ; directing defendants Ronald E. Jones &Fob James to file their responsive brief and evidentiary materials on or before 7/21/95 ( signed by Mag Judge Vanzetta P. McPherson ). Copies mailed to counsel. (djy) (Entered: 05/24/1995)

May 23, 1995
12

ORDER granting plaintiff's [9−1] emergency motion for reasonable access to class members and witnesses filed 5−19−95; directing defendants', upon 48 hours' notice, to permit plaintiffs' counsel to meet with the named plaintiffs and up to five witnesses between the hours of 2:00 p.m. and 5:00 p.m.; directing that the meetings shall occur in the same locations and under the same conditions as the Dept. of Corrections permits for other attorneys and their clients in correctional institutions; directing that the plaintiffs shall schedule the meetings or interviews with witnesses individually and shall notify the defendants of the schedule at the same time as notice of the meetings is given, said notices shall be in writing and shall be mailed or forwarded via facsimile to the defendants' counsel ( signed by Mag Judge Vanzetta P. McPherson ). Copies mailed to counsel. (djy) (Entered: 05/24/1995)

May 23, 1995
13

MOTION by Michael A. Austin, Richard Elliot, Ogie Lee Hayes, Charles Orlander Guess to Consolidate Case w/Civil Action 95−T−424−N referred to Mag Judge Vanzetta P. McPherson (djy) (Entered: 05/25/1995)

May 24, 1995
14

MOTION by Fob James, Ronald E. Jones for permission to Depose incarcerated persons referred to Mag Judge Vanzetta P. McPherson (djy) (Entered: 05/31/1995)

May 30, 1995
15

RESPONSE by Michael A. Austin, Richard Elliot, Ogie Lee Hayes, Charles Orlander Guess to [4−1] motion to Dismiss, or in the alternative, [4−2] motion to Transfer Case to the Northern District of Alabama by Ronald E. Jones, Fob James. Referred to Mag Judge Vanzetta P. McPherson (djy) (Entered: 06/01/1995)

May 31, 1995
16

MOTION by Michael A. Austin, Richard Elliot, Ogie Lee Hayes, Charles Orlander Guess to Withdraw [13−1] motion to Consolidate Case w/Civil Action 95−T−424−N referred to Mag Judge Vanzetta P. McPherson (cc) (Entered: 06/06/1995)

June 6, 1995
17

MOTION by Fob James to Change Venue to the Northern District of Alabama referred to Mag Judge Vanzetta P. McPherson (cc) (Entered: 06/06/1995)

June 6, 1995
18

ANSWER to Complaint by Fob James (Attorney Robin Garrett Laurie, William P. Gray Jr.), referred to Mag Judge Vanzetta P. McPherson (cc) (Entered: 06/06/1995)

June 6, 1995
19

ORDER denying [4−2] motion to Transfer ( signed by Mag Judge Vanzetta P. McPherson ) , copies mailed to counsel. (cc) (Entered: 06/06/1995)

June 6, 1995
20

ORDER granting [14−1] motion for permission to Depose incarcerated persons; directing the defendants that on or before 6/15/95 to notice the deposition of those incarcerated persons whom they wish to depose; advising that the notice should specifically state the date, time, and place for taking the deposition as well as the name and address of each person to be deposed ( signed by Mag Judge Vanzetta P. McPherson ) , copies mailed to counsel. (cc) (Entered: 06/06/1995)

June 6, 1995
21

ANSWER to Complaint, as amended, by Ronald E. Jones (Attorney Andrew Redd). Referred to Mag Judge Vanzetta P. McPherson (djy) (Entered: 06/08/1995)

June 8, 1995
22

RESPONSE by Michael A. Austin, Richard Elliot, Ogie Lee Hayes, Charles Orlander Guess to [17−1] motion to Change Venue to the Northern District of Alabama by Fob James. Referred to Mag Judge Vanzetta P. McPherson (djy) (Entered: 06/09/1995)

June 9, 1995
23

ORDER granting [16−1] motion to Withdraw [13−1] motion to Consolidate Case w/Civil Action 95−T−424−N; denying as moot [13−1] motion to Consolidate Case ( signed by Mag Judge Vanzetta P. McPherson ). Copies mailed to counsel. (djy) (Entered: 06/12/1995)

June 12, 1995
24

ORDER denying [18−1] motion to Strike paragraphs 15 &16 of [1−1] complaint filed by defendant James on 6−6−95 ( signed by Mag Judge Vanzetta P. McPherson ). Copies mailed to counsel. (djy) (Entered: 06/12/1995)

June 12, 1995

File referred back to law clerk. (djy) (Entered: 06/12/1995)

June 12, 1995
25

SCHEDULING ORDER setting Motion Filing deadline on 11/12/95; Discovery cutoff 12/12/95; directing the parties to file any objections to the deadlines within 14 days otherwise they will be binding on the parties ( signed by Mag Judge Vanzetta P. McPherson ). Copies mailed to counsel. (djy) (Entered: 06/13/1995)

June 12, 1995

File referred to law clerk. (djy) (Entered: 06/13/1995)

June 13, 1995
26

ORDER denying [17−1] motion to Change Venue to the Northern District of Alabama filed by defendant James' on 6−6−95 ( signed by Mag Judge Vanzetta P. McPherson ). Copies mailed to counsel. (djy) (Entered: 06/20/1995)

June 20, 1995
27

REPORT AND RECOMMENDATIONS of Mag Judge Vanzetta P. McPherson that the defendants' motion to dismiss for forum non conveniens be denied; that this case be referred back to the undersigned for further proceedings. Objections to R and R due by 7/8/95. Copies mailed to counsel. (djy) (Entered: 06/20/1995)

June 20, 1995

File w/recommendation referred to Magistrate Judge McPherson. (djy) (Entered: 07/07/1995)

July 7, 1995

File w/proposed order referred to Judge Thompson. (djy) (Entered: 07/07/1995)

July 7, 1995
28

MEMORANDUM/BRIEF (Exhibits 1 thru 7 attached) by Michael A. Austin, Richard Elliot, Ogie Lee Hayes, Charles Orlander Guess in support of [8−1] motion to Certify Class. Referred to Mag Judge Vanzetta P. McPherson. (djy) (Entered: 07/10/1995)

July 7, 1995
29

ORDER adopting [27−1] report and recommendation of the Magistrate Judge filed 6−20−95; ORDER, JUDGMENT and DECREE of the court that the defendants' [4−1] motion to Dismiss for forum non conveniens is DENIED; that this case is referred back to the Magistrate judge for further proceedings ( signed by Judge Myron H. Thompson ). Copies mailed to counsel. (djy) (Entered: 07/10/1995)

July 10, 1995

File referred to law clerk. (djy) (Entered: 07/10/1995)

July 10, 1995
30

NOTICE of filing the original affidavit of Charles Guess (attached) by Michael A. Austin, Richard Elliot, Ogie Lee Hayes, Charles Orlander Guess. Referred to Magistrate Judge McPherson. (djy) (Entered: 07/13/1995)

July 13, 1995
31

MOTION by Michael A. Austin for Roy S. Haber to Appear Pro Hac Vice referred to Judge Myron H. Thompson (war) (Entered: 07/21/1995)

July 20, 1995
32

ORDER granting [31−1] motion for Roy S. Haber to Appear Pro Hac Vice ( signed by Judge Myron H. Thompson ). Copies mailed to counsel. (djy) (Entered: 07/21/1995)

July 21, 1995

File referred to Magistrate Judge McPherson. (djy) (Entered: 07/21/1995)

July 21, 1995
34

REPLY by Michael A. Austin, Richard Elliot, Ogie Lee Hayes, Charles Orlander Guess to defendants' response to [8−1] motion to Certify Class by Charles Orlander Guess, Ogie Lee Hayes, Richard Elliot, Michael A. Austin. Referred to Mag Judge Vanzetta P. McPherson (djy) (Entered: 07/27/1995)

July 27, 1995
35

EMERGENCY MOTION (Exhibits 1 thru 4 attached) by Michael A. Austin, Richard Elliot, Ogie Lee Hayes, Charles Orlander Guess to prohibit interference with class members' right of access to the courts referred to Mag Judge Vanzetta P. McPherson (djy) (Entered: 09/06/1995)

Sept. 6, 1995

Tele−conference held before Mag Judge Vanzetta P. McPherson (djy) (Entered: 09/18/1995)

Sept. 18, 1995
36

ORDER directing that: (1) within 5 days of this order, the defendants shall permit all of the plaintiffs to amend their telephone lists to include plaintiffs' counsel, I.E., the lawyers representing the plaintiffs herein; (2) on or before 9−22−95, counsel for the parties shall confer and attempt to agree upon a resolution of the plaintiff's motion; counsel shall file a joint notice with the court on or before 9−25−95, stating whether they have reached an agreement, and if so, the terms of their agreement, if the parties are unable to agree upon a resolution by 9−25−95, this matter will be set for hearing and determination (signed by Mag Judge Vanzetta P. McPherson ). Copies mailed to counsel. (djy) (Entered: 09/18/1995)

Sept. 18, 1995
37

AMENDED COMPLAINT by Michael A. Austin, Richard Elliot, Ogie Lee Hayes, Charles Orlander Guess amending [1−1] complaint, [7−1] amended complaint by Michael A. Austin (djy) (Entered: 01/07/1998)

Sept. 19, 1995
38

ORDER directing that on or before 10−4−95, the plaintiffs shall file a supplemental motion with the Clerk of the court indicating whether the named plaintiffs − Michael Austin, Richard Elliott, Ogie Hayes and Charles Guess − have been "handcuffed to a 'hitching post' as punishment" for refusing to work during their assignment to the chain gang; directing the plaintiffs to indicate the date(s) and location(s) of the incident(s) involving the named plaintiffs; directing the defendants file their response to [37−1] motion for leave to Amend [7−1] amended complaint by Michael A. Austin, on or before 10−11−95 ( signed by Mag Judge Vanzetta P. McPherson ). Copies mailed to counsel. (djy) (Entered: 09/25/1995)

Sept. 25, 1995
39

JOINT NOTICE (proposed order attached) of by Michael A. Austin, Fob James, Ronald E. Jones, Richard Elliot, Ogie Lee Hayes, Charles Orlander Guess of agreement resolving plaintiffs' motion filed per order of 9−18−95. (djy) Modified on 09/26/1995 (Entered: 09/26/1995)

Sept. 25, 1995
40

ORDER advising that by agreement of the plaintiffs and the DOC defendants, it is ordered, adjudged and decreed as follows: The warden and/or deputy warden of the Limestone Corr. Fac. will issue a directive to all correctional officers involved with the chain gang program informing them of the following: 1. that legal mail and papers, including letters and statements intended for the Southern Poverty Law Center, cannot be confiscated; 2. that class members cannot be disciplined for what they say or write to their class counsel; 3. that class members cannot be subject to retaliation for participating in this case; and 4. that class members may not be intimidated or threatened with disciplinary action for cooperating with class counsel or for speaking with other inmates who are cooperating with class counsel; and that the warden and/or deputy warden will issue a notice to chain gang inmates at Limestone apprising them of the above−referenced directive and said notice will be posted on the dormitory bulletin board for the duration of this litigation ( signed by Mag Judge Vanzetta P. McPherson ) , copies mailed to counsel. (cc) (Entered: 09/28/1995)

Sept. 28, 1995

File returned to Magistrate Judge McPherson per her request (cc) (Entered: 09/28/1995)

Sept. 28, 1995
41

MEMORANDUM by Michael A. Austin, Richard Elliot, Ogie Lee Hayes, Charles Orlander Guess in support of [37−1] motion for leave to Amend [7−1] amended complaint by Michael A. Austin by Charles Orlander Guess, Ogie Lee Hayes, Richard Elliot, Michael A. Austin. Referred to Mag Judge Vanzetta P. McPherson (djy) (Entered: 10/04/1995)

Oct. 3, 1995
42

ANSWER to Complaint by Fob James (Attorney Robin Laurie). Referred to Mag Judge Vanzetta P. McPherson (djy) (Entered: 10/06/1995)

Oct. 5, 1995
43

RESPONSE by Fob James, Ronald E. Jones to [37−1] motion for leave to Amend [7−1] amended complaint by Michael A. Austin by Charles Orlander Guess, Ogie Lee Hayes, Richard Elliot, Michael A. Austin. Referred to Mag Judge Vanzetta P. McPherson (djy) (Entered: 10/12/1995)

Oct. 11, 1995
44

REPLY (Exhibits A &B attached) by Michael A. Austin, Richard Elliot, Ogie Lee Hayes, Charles Orlander Guess to defendants' response to [37−1] motion for leave to Amend [7−1] amended complaint by plaintiffs. Referred to Mag Judge Vanzetta P. McPherson (djy) (Entered: 10/18/1995)

Oct. 18, 1995
45

RESPONSE by Fob James, Ronald E. Jones in opposition to [44−1] reply to response to motion by Charles Orlander Guess, Ogie Lee Hayes, Richard Elliot, Michael A. Austin. Referred to Mag Judge Vanzetta P. McPherson (djy) Modified on 10/25/1995 (Entered: 10/25/1995)

Oct. 24, 1995
46

MOTION by Michael A. Austin, Richard Elliot, Ogie Lee Hayes, Charles Orlander Guess to Extend Time in which to complete discovery referred to Mag Judge Vanzetta P. McPherson (djy) (Entered: 11/01/1995)

Oct. 31, 1995

Stamped ORDER granting [46−1] motion to Extend Time in which to complete discovery; resetting Discovery deadline to 3/15/96 ( by Mag Judge Vanzetta P. McPherson ). Copies mailed to counsel. (djy) (Entered: 11/06/1995)

Nov. 6, 1995
47

MOTION by Fob James, Ronald E. Jones for Summary Judgment referred to Mag Judge Vanzetta P. McPherson (djy) (Entered: 11/14/1995)

Nov. 13, 1995
48

MEMORANDUM by Fob James, Ronald E. Jones in support of [47−1] motion for Summary Judgment by Ronald E. Jones, Fob James. Referred to Mag Judge Vanzetta P. McPherson (djy) (Entered: 11/14/1995)

Nov. 13, 1995
49

NOTICE of filing evidence in support of motion for summary judgment by Fob James, Ronald E. Jones. Referred to Magistrate Judge McPherson. (djy) (Entered: 11/14/1995)

Nov. 13, 1995
50

MOTION by Fob James, Ronald E. Jones for Leave to File executed affidavit out of time referred to Mag Judge Vanzetta P. McPherson (djy) (Entered: 11/14/1995)

Nov. 13, 1995
51

NOTICE of filing executed affidavit of David Wise by Fob James, Ronald E. Jones. Referred to Magistrate Judge McPherson. (djy) (Entered: 11/15/1995)

Nov. 15, 1995
52

MOTION (proposed order) by Michael A. Austin, Richard Elliot, Ogie Lee Hayes, Charles Orlander Guess to establish a briefing schedule for summary judgment motion referred to Mag Judge Vanzetta P. McPherson (djy) (Entered: 11/15/1995)

Nov. 15, 1995
53

JOINT RESPONSE by Fob James, Ronald E. Jones in opposition to [52−1] motion to establish a briefing schedule for summary judgment motion by Charles Orlander Guess, Ogie Lee Hayes, Richard Elliot, Michael A. Austin and request to set a reasonable briefing schedule on defendants' Rule 56 motion. Referred to Mag Judge Vanzetta P. McPherson (djy) (Entered: 11/22/1995)

Nov. 22, 1995
54

ORDER setting Status Conference 3:00 p.m. on 12/1/95 before Mag Judge Vanzetta P. McPherson , in Room 330, Frank M. Johnson, Jr. Federal Bldg. &U.S. Courthouse, 15 Lee Street, Montgomery, Alabama ( signed by Mag Judge Vanzetta P. McPherson ). Copies mailed to counse; furnished to Marie &Sheila. (djy) (Entered: 11/22/1995)

Nov. 22, 1995

Status Conference held before Mag Judge Vanzetta P. McPherson. (djy) (Entered: 12/05/1995)

Dec. 1, 1995
55

AMENDED SCHEDULING ORDER (1) setting a Pretrial Hearing for 10:00 a.m. on 6/17/96 before Mag Judge Vanzetta P. McPherson , in Room 330, Frank M. Johnson, Jr. Federal Bldg. &U.S. Courthouse, 15 Lee Street, Montgomery, Alabama; directing that at least on trial counsel for each party shall attend this conference; directing the parties file a jointly prepared Proposed Pretrial Order not less than 5 days prior to the pretrial conference ; (2) setting case for a non−jury Evidentiary Hearing at 9:00 a.m. on 7/8/96 before Mag Judge Vanzetta P. McPherson , at the Frank M. Johnson, Jr. Federal Bldg. &U.S. Courthouse , as further set out in order; (3) setting Expert Witness List deadline to 3−1−96, as further set out in order ; (4) directing all Discovery be completed on or before 4/19/96, as further set out; (5) any dispositive Motions are to filed on or before 5/17/96, as further set out; (6) directing all parties exchange names and addresses of all witnesses and exchange evidence, as further set out, on or before 6−10−96; (7) directing parties to identify parts of any deposition or other documents to be used, as further set out, on or before 6−10−96; (8) directing that on or before 6−24−96, counsel for the parties shall file a joint, concise statement of stipulated facts, as further set out; (9) directing counsel for the parties to file a jointly signed letter with the court, as further set out, on or before 6−24−96; (10) directing the parties file their motions in limine, if any, on or before 6−28−96, as further set out ( signed by Mag Judge Vanzetta P. McPherson ). Copies mailed to counsel; furnished to Marie &Sheila. (djy) Modified on 12/05/1995 (Entered: 12/05/1995)

Dec. 5, 1995
56

ORDER (rendered 12−6−95) (1) directing the plaintiffs file any amendments to their complaint, including the addition of any named plaintiffs, no amendments shall be permitted after that date; setting Amended Pleadings deadline to 2/23/96 ; setting Answer deadline to 3/15/96 for Ronald E. Jones, for Fob James ; (2) setting motion hearing for 10:00 a.m. on 4/5/96 before Mag Judge Vanzetta P. McPherson on plaintiffs' [8−1] motion for class certification , at the Frank M. Johnson, Jr. Federal Bldg. &U.S. courthouse, 15 Lee Street, Montgomery, Alabama; setting Witness List deadline for the class certification hearing to 3−8−96 ; (3) directing that on or before 3−22−96, the parties shall file with the Clerk of the court a joint notice advising the court of (a) their areas of agreement, and (b) the issues which remain in dispute for class certification purposes, as further set out; (4) allowing defendants' counsel to conduct informal interviews of inmates who are within the custody of the DOC as well as former inmates whose sentences have ended since the filing of the complaint in this case, provided however, that counsel for the plaintiffs shall be present at all such interviews ( signed by Mag Judge Vanzetta P. McPherson ). Copies mailed to counsel; furnished to Marie &Sheila. (djy) Modified on 12/07/1995 (Entered: 12/07/1995)

Dec. 7, 1995

Tele−conference held before Mag Judge Vanzetta P. McPherson (djy) (Entered: 01/24/1996)

Jan. 24, 1996
57

ORDER directing that the defendants submit Capt. David Wise of Limestone Correctional Facility for a telephone deposition on 1−31−96 at 2:00 p.m.; directing counsel for the defendants to provide the plaintiffs' counsel with a telephone number for the deposition, and plaintiff's counsel is directed to arrange for the telephone deposition; further ORDERING that should plaintiffs' counsel file any subsequent motions or requests for relief based in whole or in part upon Capt. Wise's deposition testimony, counsel shall attach a copy of the deposition transcript as an exhibit to the request ( signed by Mag Judge Vanzetta P. McPherson ). Copies mailed to counsel. (djy) (Entered: 01/24/1996)

Jan. 24, 1996
58

SECOND EMERGENCY MOTION (Exhibits A &B &proposed order attached) by Michael A. Austin, Richard Elliot, Ogie Lee Hayes, Charles Orlander Guess to prohibit interference with class members' right of access to the courts referred to Mag Judge Vanzetta P. McPherson (djy) (Entered: 02/12/1996)

Feb. 12, 1996
59

AMENDED COMPLAINT by Michael A. Austin, Richard Elliot, Ogie Lee Hayes, Charles Orlander Guess adding plaintiffs Warren Leatherwood, Kervin Goodwin amending [7−1] amended complaint and [1−1] complaint (djy) (Entered: 06/26/1996)

Feb. 23, 1996
60

RESPONSE by Ronald E. Jones to second request for production of documents. Referred to Magistrate Judge McPherson. (djy) (Entered: 03/08/1996)

March 4, 1996
61

MOTION by Ronald E. Jones for permission to Take Deposition of inmates referred to Mag Judge Vanzetta P. McPherson (djy) (Entered: 03/08/1996)

March 6, 1996
63

Second REQUEST for Production of Documents by Michael A. Austin, Richard Elliot, Ogie Lee Hayes, Charles Orlander Guess. Referred to Magistrate Judge McPherson. (djy) (Entered: 03/08/1996)

March 8, 1996
64

Third REQUEST for Production of Documents by Michael A. Austin, Richard Elliot, Ogie Lee Hayes, Charles Orlander Guess. Referred to Magistrate Judge McPherson. (djy) (Entered: 03/08/1996)

March 8, 1996
65

Plaintiffs' request to permit inspection of the chain gang programs at Staton &Easterling. Referred to Magistrate Judge McPherson. (djy) (Entered: 03/08/1996)

March 8, 1996
66

ANSWER to Interrogatories filed by Michael A. Austin, Richard Elliot, Ogie Lee Hayes, Charles Orlander Guess. Referred to Mag Judge Vanzetta P. McPherson (djy) (Entered: 03/08/1996)

March 8, 1996
67

SUPPLEMENTAL ANSWER to Interrogatories filed by Michael A. Austin, Richard Elliot, Ogie Lee Hayes, Charles Orlander Guess. Referred to Mag Judge Vanzetta P. McPherson (djy) (Entered: 03/08/1996)

March 8, 1996
68

RESPONSE by Michael A. Austin, Richard Elliot, Ogie Lee Hayes, Charles Orlander Guess to Governor James' second discovery request. Referred to Magistrate Judge McPherson. (djy) (Entered: 03/08/1996)

March 8, 1996
69

RESPONSE by Michael A. Austin, Richard Elliot, Ogie Lee Hayes, Charles Orlander Guess to Governor James' second discovery request. Referred to Magistrate Judge McPherson. (djy) (Entered: 03/08/1996)

March 8, 1996
70

AMENDED NOTICE by Michael A. Austin, Richard Elliot, Ogie Lee Hayes, Charles Orlander Guess to take deposition of Paul Whaley &Ron Jones. Referred to Magistrate Judge McPherson. (djy) (Entered: 03/08/1996)

March 8, 1996
71

Witness list by Michael A. Austin, Richard Elliot, Ogie Lee Hayes, Charles Orlander Guess for class certification hearing. Referred to Magistrate Judge McPherson. (djy) (Entered: 03/08/1996)

March 8, 1996
72

Witness list by Fob James for class certification hearing. Referred to Magistrate Judge McPherson. (djy) (Entered: 03/08/1996)

March 8, 1996
73

Witness list for class certification hearing by Ronald E. Jones. Referred to Magistrate Judge McPherson. (djy) (Entered: 03/11/1996)

March 11, 1996
74

AMENDED MOTION (Exhibits 1 thru 8 attached) by Michael A. Austin, Richard Elliot, Ogie Lee Hayes, Charles Orlander Guess to Certify Class amending [8−1] motion to Certify Class by Charles Orlander Guess, Ogie Lee Hayes, Richard Elliot, Michael A. Austin. Referred to Mag Judge Vanzetta P. McPherson (djy) Modified on 03/12/1996 (Entered: 03/12/1996)

March 11, 1996
75

FOURTH REQUEST for Production of Documents by Michael A. Austin, ichard Elliot, Ogie Lee Hayes, Charles Orlander Guess. Referred to Magistrate Judge McPherson. (djy) (Entered: 03/13/1996)

March 13, 1996
76

Expert Witness list by Fob James, Ronald E. Jones. Referred to Magistrate Judge McPherson. (djy) (Entered: 03/15/1996)

March 15, 1996
77

ANSWER by Fob James (Attorney Robin Laurie) to amended complaint. Referred to Mag Judge Vanzetta P. McPherson (djy) (Entered: 03/15/1996)

March 15, 1996
78

MOTION by Michael A. Austin, Richard Elliot, Ogie Lee Hayes, Charles Orlander Guess to permit inspection referred to Mag Judge Vanzetta P. McPherson (djy) (Entered: 03/18/1996)

March 18, 1996
79

Areas of agreement and disagreement between plaintiffs and defendants regarding class certification filed in response to 12−7−95 order. Referred to Magistrate Judge McPherson. (djy) (Entered: 03/25/1996)

March 22, 1996
81

ANSWER to Revised Second Amended Complaint by Ronald E. Jones (Attorney Andrew Redd). Referred to Mag Judge Vanzetta P. McPherson (djy) (Entered: 03/25/1996)

March 25, 1996
82

NOTICE of Attorney Appearance for Ronald E. Jones by Kim T. Thomas (djy) (Entered: 03/27/1996)

March 26, 1996
83

REQUEST for Production of Documents by Michael A. Austin, Richard Elliot, Ogie Lee Hayes, Charles Orlander Guess referred to Magistrate Judge McPherson. (cc) (Entered: 03/28/1996)

March 28, 1996
84

ORDER directing the State of Alabama produce at the hearing on 4−5−96 at 10:00 a.m., the following inmates: 1. Michael Austin, 2. Richard Elliott, 3. Ogie Hayes, 4. Warren Leatherwood, 5. Kervin Goodwin; directing the clerk to forward copies of this order to counsel for the parties via facsimile ( signed by Mag Judge Vanzetta P. McPherson ). Copies mailed to counsel and Cecil Atchison; furnished to USM; faxed to counsel @ 262−2419, as directed. (djy) (Entered: 04/04/1996)

April 4, 1996
85

RESPONSE by Fob James, Ronald E. Jones in opposition to [74−1] amended motion to Certify Class by Charles Orlander Guess, Ogie Lee Hayes, Richard Elliot, Michael A. Austin. Referred to Mag Judge Vanzetta P. McPherson (djy) (Entered: 04/05/1996)

April 5, 1996
86

ORDER resetting class certification hearing for 10:00 a.m. on 5/14/96 before Mag Judge Vanzetta P. McPherson on [8−1] and [74−1] motion and amended motion to Certify Class , in Room 330, Frank M. Johnson, Jr. Federal Bldg. &U.S. Courthouse, 15 Lee Street, Montgomery, Alabama, as further set out in order; ORDERING that, if the parties intend to file depositions, they shall specifically identify the portions of the depositions which are probative of their positions, as further set out in order ( signed by Mag Judge Vanzetta P. McPherson ). Copies mailed to counsel; furnished to Marie, Sheila &USM. (djy) Modified on 05/14/1996 (Entered: 04/05/1996)

April 5, 1996
87

ORDER directing the State of Alabama product at the hearing on 5−14−96 at 10:00 a.m. the following inmates: 1. Michael A. Austin, 2. Richard Elliott, 3. Ogie Hayes, 4. Warren Leatherwood, 5. Kervin Goodwin; advising that if plaintiffs desire to call any other inmates at the class certification hearing, they should file a motion for production of the inmates which shall include the inmates' names, their AIS nubmers and the names of the facilities where they are housed ( signed by Mag Judge Vanzetta P. McPherson ). Copies mailed to counsel and Cecil Atchison; furnished to USM. (djy) (Entered: 04/05/1996)

April 5, 1996
88

ORDER denying as moot plaintiffs' 2−12−96 [58−1] second emergency motion to prohibit interference with class members' right of access to the courts ( signed by Mag Judge Vanzetta P. McPherson ). Copies mailed to counsel. (djy) (Entered: 04/05/1996)

April 5, 1996
89

SECOND AMENDED SCHEDULING ORDER further amending the Scheduling Order entered on 6−12−95 and amended on 12−5−95 to set the deadline for discovery on 5/17/96 for purposes of conducting depositions and serving responses to outstanding discovery requests; also directing, for purposes of this order, the parties shall not propound requests for production or interrogatories after 4−17−96 (signed by Mag Judge Vanzetta P. McPherson). Copies mailed to counsel. (djy) Modified on 06/11/1996 (Entered: 04/05/1996)

April 5, 1996
90

ORDER directing that the parties shall continue to file their requests for production with the Clerk of the court and to file their discovery responses ( signed by Mag Judge Vanzetta P. McPherson ). Copies mailed to counsel. (djy) (Entered: 04/05/1996)

April 5, 1996

State / Territory: Alabama

Case Type(s):

Prison Conditions

Special Collection(s):

Post-PLRA Jail and Prison Private Settlement Agreements

Key Dates

Filing Date: May 15, 1995

Case Ongoing: No

Plaintiffs

Plaintiff Description:

inmates in the Alabama Prison System

Attorney Organizations:

Southern Poverty Law Center

Public Interest Lawyer: Yes

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Alabama Department of Corrections, State

Governor of Alabama, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Freedom of speech/association

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Private Settlement Agreement

Amount Defendant Pays: $213,471.99

Order Duration: 1998 - None

Issues

General:

Bathing and hygiene

Restraints : physical

Sanitation / living conditions

Type of Facility:

Government-run