Civil Rights Litigation Clearinghouse

Case: Miller v. Carson

3:74-cv-00382 | U.S. District Court for the Middle District of Florida

Filed Date: June 11, 1974

Closed Date: 1994

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Case Summary

In 1974, plaintiffs filed a class action suit pro se against the Sheriff of Duval County and others challenging conditions at the jail. In 1975, the district court for the Middle District of Florida (Judge Charles R. Scott) enjoined defendants from continuing to violate plaintiffs' constitutional rights--under the First Amendment, Fourteenth Amendment, and Eighth Amendment--and awarded plaintiffs attorney's fees. Defendants moved for relief from the injunction, and the court modified the injunction with respect to compliance with fire codes, treatment of juveniles, outdoor recreation. Miller v. Carson, 392 F. Supp. 515 (M.D. Fla. 1975). A few months later, the district court held defendants in contempt and ordered defendants to show cause why the jail should not be closed. Defendants appealed. Miller v. Carson, 401 F. Supp. 835 (M.D. Fla. 1975).On appeal, the Fifth Circuit essentially affirmed the district court's judgment with a few minor modifications and remanded the issue of attorney's fees. Miller v. Carson, 563 F.2d 741 (5th Cir. 1977). On remand, the district court ordered defendants to pay plaintiffs' attorney's fees, and the Fifth Circuit affirmed. Miller v. Carson, 628 F.2d 346 (5th Cir. 1980). According to the PACER docket, the court vacated all consent orders and permanent injunctions in 1994 after determining that defendants had a constitutionally adequate system for housing members of plaintiffs' class and had purged themselves of any contempt.

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Summary Authors

Lauren Cutson (5/25/2005)

People

Judge(s)

Hodges, William Terrell (Florida)

Scott, Charles Ray (Florida)

Vance, Robert Smith (Alabama)

Wisdom, John Minor (Louisiana)

Attorneys(s) for Plaintiff

Peabody, Arthur E. Jr. (District of Columbia)

Sheppard, William J. (Florida)

Attorneys(s) for Defendant

Allen, William Lee (Florida)

Briggs, John L. (Florida)

Coalson, William L. (Florida)

Gearey, Raymond W. (Florida)

Judge(s)

Hodges, William Terrell (Florida)

Scott, Charles Ray (Florida)

Vance, Robert Smith (Alabama)

Wisdom, John Minor (Louisiana)

Attorneys(s) for Plaintiff

Peabody, Arthur E. Jr. (District of Columbia)

Sheppard, William J. (Florida)

Attorneys(s) for Defendant

Allen, William Lee (Florida)

Briggs, John L. (Florida)

Coalson, William L. (Florida)

Gearey, Raymond W. (Florida)

Page, Bruce Dean Sr. (Florida)

Parker, Julius F. (Florida)

Schneider, Gerald (Florida)

Shevin, Robert L. (Florida)

Shorstein, Harry L. (Florida)

Stinson, Donna H. (Florida)

Other Attorney(s)

Austin, T. Edward Jr. (Florida)

Lembeke, Charles B. (Florida)

Pritchard, Laurence C. (Florida)

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Documents in the Clearinghouse

	Document
3:74-cv-00328	Docket (PACER) Miller v. McMillan	Oct. 15, 2001	Oct. 15, 2001 Docket
3:74-cv-00382	Reported opinion 392 F.Supp. 515	Feb. 25, 1975	Feb. 25, 1975 Order/Opinion
3:74-cv-00382	Order to Show Cause 401 F.Supp. 835	July 17, 1975	July 17, 1975 Order/Opinion
75-02739	Reported Opinion U. S. Court of Appeals for the Eleventh Circuit 563 F.2d 741	Nov. 23, 1977	Nov. 23, 1977 Order/Opinion
79-03996	Opinion U. S. Court of Appeals for the Eleventh Circuit 628 F.2d 346	Oct. 14, 1980	Oct. 14, 1980 Order/Opinion

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Resources

Title	Description		External URL Date / External URL

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Docket

Last updated July 21, 2022, 3 a.m.

ECF Number	Description	Date	Link Date / Link
1	THIRD MOTION by plaintiffs Richard Franklin Miller, et al. regarding transfers from the Duval County Jail (jsf) (Entered: 02/16/1994)	Sept. 8, 1992	Sept. 8, 1992
2	RESPONSE by defendants James E. McMillan, et al. to plaintiffs' [1-1] motion regarding transfers from the Duval County Jail (jsf) (Entered: 02/16/1994)	Sept. 18, 1992	Sept. 18, 1992
3	NOTICE of Hearing: set status conference for 10:30 am. on 2/22/94. Scheduled for Judge Howell W. Melton (Room 307) . ctc (jsf) (Entered: 02/16/1994)	Feb. 7, 1994	Feb. 7, 1994
4	MOTION by plaintiffs Richard Franklin Miller, et al. to continue status conference (jsf) Modified on 02/16/1994 (Entered: 02/16/1994)	Feb. 11, 1994	Feb. 11, 1994
	MAGISTRATE JUDGE CASE ASSIGNMENT to Magis. Judge John E. Steele (jsf) (Entered: 02/16/1994)	Feb. 16, 1994	Feb. 16, 1994
5	NOTICE of withdrawal of motion to continue status conference, by plaintiffs Richard Franklin Miller, et al. (jsf) Modified on 02/16/1994 (Entered: 02/16/1994)	Feb. 16, 1994	Feb. 16, 1994
6	ORDER. The clerk shall execute the English version of the Notice of Proposed Stipulated Final Judgment and Closing of this Case ("Notice"), which is attached, and transmit it to the defendants. Thereafter, defendants shall submit the Spanish translation of the Notice to the Clerk, who shall execute said translation and transmit it to the defendants. Defendants shall post the Notice in accordance with the provisions therein, within 10 days. Fifty days from the date of this order, defendants shall file an affidavit with the court attesting that the posting of the Notice has been accomplished. Defendants' affidavit shall have attached to it as exhibits, the affidavits of each superintendent or chief administrator of each correctional institution and all other facilities housing inmates operated by the Jacksonville Sheriff's Office, attesting that the Notice was continuously posted as specified in the Notice. All comments or objections by members of the plaintiff class must be received by the court by 4/15/94 (via: Miller v. McMillan Class Action, c/o William J. Sheppard, Esq). A hearing will be held 5/18/94 at 10:00 a.m., courtroom #2, to consider any comments or objections which have been filed with the court, and to determine whether it is appropriate to enter the stipulated final judgment and close the case at that time. ( Signed by Judge Howell W. Melton ) ctc (jsf) (Entered: 02/23/1994)	Feb. 22, 1994	Feb. 22, 1994
	Miscellaneous hearing, re: [6-1] order set for 10:00 a.m on 5/18/94 (courtroom #2). Scheduled for Judge Howell W. Melton (jsf) (Entered: 02/23/1994)	Feb. 23, 1994	Feb. 23, 1994
	RECEIVED Spanish Translation in compliance with court order [6] (issued to attorney Bruce Page personally) ctc (jsf) (Entered: 03/03/1994)	March 3, 1994	March 3, 1994
8	NOTICE of filing affidavits pursuant to Court's order of 2/22/94; by James E. McMillan (pmc) (Entered: 04/13/1994)	April 13, 1994	April 13, 1994
9	APRIL MONTHLY REPORT, by defendants James E. McMillan, et al. (jsf) (Entered: 05/18/1994)	May 13, 1994	May 13, 1994
10	NOTICE of filing (objections from plaintiffs pursuant to Notice to Class), by plaintiff Richard Franklin Miller (jsf) (Entered: 05/18/1994)	May 13, 1994	May 13, 1994
11	MINUTE ENTRY: Status hearing held before Sr. Judge Melton. Counsel to submit proposed orders closing this case and case no. 75-91-Civ-J-12. Court Reporter: Mildred Shealy (jsf) (Entered: 05/18/1994)	May 18, 1994	May 18, 1994
12	FINAL JUDGMENT. The court makes the following findings of fact and law: Defendants have complied with the injunctions entered in these causes (74-382-Civ-J-12 and 75-91-Civ-J-12), and all remaining orders of the court relating thereto. Defendants have a constitutionally adequate system for housing members of the plaintiff class and have purged themselves of any contempt heretofore found by the court. As a result of the defendants' satisfaction of the orders set forth herein, the court VACATES the following orders: Order and Opinion and Permanent Injunction (filed 7/17/75); Consent Order and Permanent Injunction (filed 1/31/79); All remaining orders of the court relating thereto. The court TERMINATES the responsibilities of the special monitor created by order of this court (filed 4/10/89). The court TERMINATES the responsibilities of class counsel William J. Sheppard, Esquire. This court retains jurisdiction solely for the purpose of resolving any dispute between the defendants and class counsel and the monitor concerning requests from class counsel for fees or reimbursement of expenses. The cases are ordered closed. ( Signed by Judge Howell W. Melton ) MFR Number 125/2312-15 ctc (jsf) (Entered: 05/18/1994)	May 18, 1994	May 18, 1994
13	TRANSCRIPT OF PROCEEDINGS on Pending Motions for date of 5/18/94 before Judge Howell W. Melton. (pmc) (Entered: 06/06/1994)	June 6, 1994	June 6, 1994
14	NOTICE of settlement of fees and costs by Richard Franklin Miller (pmc) (Entered: 06/15/1994)	June 14, 1994	June 14, 1994
	CLERK noticed plaintiff's counsel (Bruce Page) and defendant's counsel (Wm. Sheppard) to pick up exhibits within 30 days (jsf) (Entered: 02/01/1995)	Feb. 1, 1995	Feb. 1, 1995
15	RECEIPT for plaintiff's exhibits (which also includes a box) (jsf) (Entered: 02/15/1995)	Feb. 10, 1995	Feb. 10, 1995
16	DESTRUCTION of defendants' exhibits per Local Rule 5.05 (jsf) (Entered: 04/20/1995)	March 22, 1995	March 22, 1995
	FRC record data: accession # 021-95-0395; agency box # 1-5 (pleadings); 6 (pleadings, transcripts, exhibit lists, misc. files) 7 (incident reports, ombudsman report, prison survey reports, Duval jail reports,	Oct. 15, 2001	Oct. 15, 2001