Case: Hollingsworth v. Campbell County, Kentucky

2:05-cv-00079 | U.S. District Court for the Eastern District of Kentucky

Filed Date: April 29, 2005

Closed Date: June 30, 2008

Clearinghouse coding complete

Case Summary

Built in 1991, the Campbell County Detention Center was designed to hold 135 prisoners. It quickly became overcrowded. In the weeks before this lawsuit was filed in the district court for the Eastern District of Kentucky, on April 29, 2005, the jail's population reached a high of 276 prisoners, many of whom were forced to sleep on the floor. Many of the inmates were awaiting transfer to the Kentucky Department of Corrections (KDOC), which was also named as a defendant in this lawsuit. The KDO…

Built in 1991, the Campbell County Detention Center was designed to hold 135 prisoners. It quickly became overcrowded. In the weeks before this lawsuit was filed in the district court for the Eastern District of Kentucky, on April 29, 2005, the jail's population reached a high of 276 prisoners, many of whom were forced to sleep on the floor. Many of the inmates were awaiting transfer to the Kentucky Department of Corrections (KDOC), which was also named as a defendant in this lawsuit. The KDOC addressed overcrowding at the jail by simply reducing the required floor space for each prisoner from 50 to 40 square feet. This lawsuit, filed pursuant to 42 U.S.C. § 1983 by attorney Robert B. Newman of the Cincinnati, Ohio, law firm Newman & Meeks, alleged the overcrowding violated the prisoners' Eighth and Fourteenth Amendment rights. The plaintiffs, the class of inmates at the detention center, sought injunctive relief and nominal damages.

The parties reached a settlement agreement on November 23, 2005, and notice was provided to the class and a fairness hearing held on January 25, 2006. The Court (Judge William O. Bertelsman) approved the settlement, after allowing one class member to opt-out, signing the consent decree on February 7, 2006.

To settle the suit, County officials and the KDOC agreed to a number of measures aimed at reducing overcrowding. These included the building of a new Restricted Custody Center to house felons headed for the KDOC, expansion and remodeling of the old jail, and the implementation of new policies to prevent overcrowding.

At the detention center, County officials agreed to add 256 beds, as well as a new kitchen and laundry facility, and to convert the old kitchen and laundry space into an upgraded infirmary. A full time nurse position was also created and filled. The jail also agreed to install more bunk beds and renovate dormitory showers; replace a boiler and all air conditioning units; upgrade the security system; and replace a leaky roof.

In addition, the County agreed to decline regular requests to house federal prisoners, and the KDOC agreed to remove prisoners from the detention center within 45 days or sooner after the imposition of a prison sentence. The county reached an agreement with Boone County to house up to 30 prisoners at Boone County's new jail if necessary. County officials agreed to appoint a "Population/Pretrial Officer" responsible for managing the number of prisoners at the detention center; implement a "Pretrial Conditional Release Program" to reduce the number of prisoners housed at the detention center; and initiate an objective jail classification system. Finally, a Criminal Justice Advisory Council (CJAC) was to be be created and maintained to foster communication between judges, defense attorneys, and probation and parole officers in order to address issues that might reduce jail population. As an element of the CJAC, Campbell County police chiefs agreed to instruct their officers to simply ticket and release misdemeanor offenders (except those charged with domestic violence or driving under the influence) who are not a threat to public safety or a flight risk.

On April 14, the Court required that status reports be filed every six months. The first report was filed on October 16, 2006. Subsequent reports were filed on April 16, 2007, and November 2, 2007.

Agreeing that the defendants had implemented the terms of the settlement agreement, the parties moved to dismiss the case. On June 30, 2008, the Court granted the joint motion to dismiss the case.

Summary Authors

Margo Schlanger (9/21/2006)

Erin Pamukcu (3/11/2016)

People


Judge(s)

Bertelsman, William Odis (Kentucky)

Attorneys(s) for Plaintiff

Newman, Robert B. (Ohio)

Attorneys(s) for Defendant

Baylous, Rebecca (Kentucky)

Cummings, John C. (Kentucky)

Daley, James A. (Kentucky)

Langen, Jennifer H. (Kentucky)

Mando, Jeffrey C. (Kentucky)

Middendorf, Jeffrey T. (Kentucky)

Verst, Justin (Kentucky)

Judge(s)

Bertelsman, William Odis (Kentucky)

Attorneys(s) for Plaintiff

Newman, Robert B. (Ohio)

Attorneys(s) for Defendant

Baylous, Rebecca (Kentucky)

Cummings, John C. (Kentucky)

Daley, James A. (Kentucky)

Langen, Jennifer H. (Kentucky)

Mando, Jeffrey C. (Kentucky)

Middendorf, Jeffrey T. (Kentucky)

Verst, Justin (Kentucky)

Documents in the Clearinghouse

Document

2:05-cv-00079

Docket (PACER)

Hollingsworth v. Rees

June 30, 2008

June 30, 2008

Docket
45

2:05-cv-00079

Consent Decree

Hollingsworth v. Campbell County

Feb. 7, 2005

Feb. 7, 2005

Settlement Agreement
1-4

2:05-cv-00079

Correspondence / Grievance Response

Hollingsworth v. Campbell County

April 27, 2005

April 27, 2005

Correspondence
1-7

2:05-cv-00079

Complaint Exhibit A

Hollingsworth v. Campbell County

April 29, 2005

April 29, 2005

Complaint
1-1

2:05-cv-00079

Complaint

Hollingsworth v. Campbell County

April 29, 2005

April 29, 2005

Complaint
26

2:05-cv-00079

Amended Complaint

Hollingsworth v. Campbell County

July 1, 2005

July 1, 2005

Complaint
38-3

2:05-cv-00079

Proposed Notice to Class Members

Hollinsworth v. Campbell County

Nov. 23, 2005

Nov. 23, 2005

Notice Letter
38-1

2:05-cv-00079

Motion to Approve Settlement

Hollingsworth v. Campbell County

Nov. 23, 2005

Nov. 23, 2005

Pleading / Motion / Brief
38-2

2:05-cv-00079

Proposed Settlement

Hollinsworth v. Campbell County

Nov. 23, 2005

Nov. 23, 2005

Settlement Agreement
38-4

2:05-cv-00079

Proposed Order

Hollingsworth v. Campbell County

Nov. 23, 2005

Nov. 23, 2005

Order/Opinion

Resources

Docket

Last updated Aug. 11, 2022, 3:16 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT 2 summons(es)issued with copy ( Filing fee $250; receipt number 117534), filed by Tray James, Chance Hall, Jeff Deal, Ron Gregory, Leon Marshall, Danale Sneed, Dennis Marshall, Chris Dale, Walter Long, Keith Lawson, James Hollingsworth, Arthur Simpleton, James Davenport, Ed James, Larry Gaines, Rick Steele, Paul Sandman, Anthony Jordan, James Woodruff, Jason Sumpter, Sean Black, Charles Breckenridge, Jacob Bowen, James Smith, Dale Myerhoff, Khalil Rahim, Thomas Elliott. (Attachments: # 1 Exhibit A − Part 1 − Grievances# 2 Exhibit A − Part 2 Letters# 3 Exhibit B − Letter from Greg L. Buckler, Jailer# 4 Civil Cover Sheet, Case Assignment, Receipt # 5 Summons)(LSG) Additional attachment(s) added on 5/6/2005 (Greiwe, Linda). (Entered: 04/29/2005)

April 29, 2005

April 29, 2005

2

MOTION for Preliminary Injunction by all Plaintiffs (Attachments: # 1 Declarations − Pages 1 − 32# 2 Declarations − pgs 33 − 67# 3 Declarations − pgs 68 − 109# 4 Declarations − pgs 110 − 138)(LSG) (Entered: 05/13/2005)

May 13, 2005

May 13, 2005

3

MEMORANDUM in Support of Motion re 2 MOTION for Preliminary Injunction filed by all plaintiffs. (LSG) (Entered: 05/13/2005)

May 13, 2005

May 13, 2005

4

ANSWER to Complaint by John D. Rees, Campbell County, Kentucky, Greg L. Buckler.(LSG) (Entered: 05/18/2005)

May 18, 2005

May 18, 2005

5

WAIVER OF SERVICE Returned Executed by Plaintiffs. John D. Rees waiver sent on 4/29/2005, answer due 6/28/2005. (LSG) (Entered: 05/26/2005)

May 26, 2005

May 26, 2005

6

NOTICE of Appearance by Jeffrey T. Middendorf and Rebecca Baylous on behalf of John D. Rees (LSG) (Entered: 05/26/2005)

May 26, 2005

May 26, 2005

7

MOTION FOR CLASS CERTIFICATION with Memorandum in Support filed by Plaintiffs. (LSG) (Entered: 05/27/2005)

May 27, 2005

May 27, 2005

8

AGREED ORDER; def to file Reponse by 6/10/2005 to 2 MOTION for Preliminary Injunction. Signed by Judge William O. Bertelsman. (LSG)cc: COR (Entered: 06/02/2005)

June 2, 2005

June 2, 2005

9

RESPONSE to Motion re 2 MOTION for Preliminary Injunction filed by Campbell County, Kentucky, Greg L. Buckler. (EXHIBITS TOO LARGE TO SCAN, PLACED ON SHELF IN CLERK'S OFFICE) (Attachments: # 1 Appendix to Exhibits)(LSG) (Entered: 06/13/2005)

June 10, 2005

June 10, 2005

10

RESPONSE in Opposition re 2 MOTION for Preliminary Injunction by Plaintiffs, filed by John D. Rees. (Attachments: # 1 Exhibit 1 − Functions of Department of Corrections# 2 Exhibit 2 − Place of Imprisonment# 3 Exhibit 3 − Inspection Report# 4 Exhibit 4 − Letter from Commonwealth of Kentucky# 5 Exhibit 5 − Inmate Population Reports# 6 Proposed Order)(LSG) (Entered: 06/13/2005)

June 10, 2005

June 10, 2005

12

ORDER; Pretrial Conference set for 6/24/2005 01:30 PM in Covington before William O. Bertelsman. Signed by Judge William O. Bertelsman. (LSG)cc: COR/Faxed to all counsel (Entered: 06/16/2005)

June 16, 2005

June 16, 2005

13

AGREED ORDER; defendants to file a Response to 7 Motion for Class Certification by June 21, 2005. Signed by Judge William O. Bertelsman. (LSG)cc: COR (Entered: 06/17/2005)

June 17, 2005

June 17, 2005

14

REPLY to Response to Motion re 2 MOTION for Preliminary Injunction filed by all Plaintiffs. (Attachments: #(1) Declaration of Chad A. Hensley #(2) Declaration of Jerome C. Howard #(3) Declaration of Vince Wardia #(4) Declaration of James Davenport #(5) Declaration of Kevin Holbert #(6) Declaration of Jeffrey K. Dotson #(7) Declaration of Jeffrey Deal #(8) Declaration of John C. Henry #(9) Declaration of Kenneth Blake Watson #(10) Declaration of Jennifer Carter #(11) Declaration of Shannon T. Stephany #(12) Declaration of James A. Hollingsworth #(13)Declaration of Zach Gundrum #(14) Declaration of Todd Jenkins #(15) Declaration of Josh Porter #(16) Declaration of Eric T. VonBargen #(17) Criminal Justice Advisory Commission Meeting Minutes)(LSG) (Entered: 06/21/2005)

June 21, 2005

June 21, 2005

15

PLAINTIFF'S NOTICE OF FILING ADDITIONAL DECLARATION (Attachments: # 1 Declaration of Eric Von Bargen)(LSG) (Entered: 06/21/2005)

June 21, 2005

June 21, 2005

***MOTION SUBMITTED TO CHAMBERS of Judge William O. Bertlesman for review: 2 MOTION for Preliminary Injunction by Tray James, Chance Hall, Jeff Deal, Ron Gregory, Leon Marshall, Danale Sneed, Dennis Marshall, Chris Dale, Walter Long, Keith Lawson, James Hollingsworth, Arthur Simpleton, James Davenport, Ed James, Larry Gaines, R (LSG) (Entered: 06/21/2005)

June 21, 2005

June 21, 2005

16

RESPONSE to Motion re 7 MOTION FOR CLASS CERTIFICATION filed by Campbell County, Kentucky, Greg L. Buckler. (LSG) (Entered: 06/21/2005)

June 21, 2005

June 21, 2005

17

SUPPLEMENTAL MEMORANDUM in Opposition re 2 MOTION for Preliminary Injunction by Tray James, Chance Hall, Jeff Deal, Ron Gregory, Leon Marshall, Danale Sneed, Dennis Marshall, Chris Dale, Walter Long, Keith Lawson, James Hollingsworth, Arthur Simpleton, James Davenport, Ed James, Larry Gaines, R filed by Campbell County, Kentucky, Greg L. Buckler. (LSG) (Entered: 06/24/2005)

June 24, 2005

June 24, 2005

18

FIRST ANSWER to Complaint 1 by John D. Rees.(Baylous, Rebecca) Modified to create document relationship on 6/28/2005 (Greiwe, Linda). (Entered: 06/27/2005)

June 27, 2005

June 27, 2005

NOTICE OF DOCKET MODIFICATION TO Rebecca Baylous re 18 Answer to Complaint; Error: Attorney failed to create a link to the event to which the answer relates; Error made by attorney; Correction: Clerk has modified text to create the link; In the future, attorney is advised to create a link with the existing event to which the pleading relates; No further action required by counsel. cc: COR (LSG) (Entered: 06/28/2005)

June 27, 2005

June 27, 2005

19

MINUTE ENTRY FOR STATUS CONFERENCE held on 6/23/2005; defs shall submit to pla and court a proposed settlement agreement within 60 days; court shall set a status conference 30 days following receipt of proposed settlement agreement before Judge William O. Bertelsman : (COURT REPORTER: JOAN AVERDICK) (LSG)cc: COR (Entered: 06/30/2005)

June 30, 2005

June 30, 2005

TERMINATE PRETRIAL CONFERENCE (LSG)cc: COR (Entered: 08/04/2005)

June 30, 2005

June 30, 2005

20

MOTION for Order to File Amended Motion to Certify the Class (Attachments: # 1 Amended Motion to Certify the Class)(LSG) (Entered: 07/01/2005)

July 1, 2005

July 1, 2005

21

PLAINTIFF'S REPLY to Responses to Motion re 7 MOTION FOR CLASS CERTIFICATION filed by Plaintiffs. (LSG) (Entered: 07/01/2005)

July 1, 2005

July 1, 2005

***MOTION SUBMITTED TO CHAMBERS of Judge William O. Bertelsman for review: 7 MOTION FOR CLASS CERTIFICATION (LSG) (Entered: 07/01/2005)

July 1, 2005

July 1, 2005

23

AGREED PROTECTIVE ORDER. Signed by Judge William O. Bertelsman. (LSG)cc: COR (Entered: 07/07/2005)

July 7, 2005

July 7, 2005

24

TRANSCRIPT of Official Proceedings: Scheduling Conference held on 6/24/2005 before Judge Judge William O. Bertelsman. Court Reporter: Joan Averdick. Tape Number: consisting of 33 pages. (LSG) (Entered: 07/14/2005)

July 14, 2005

July 14, 2005

***MOTION SUBMITTED TO CHAMBERS of Judge William O. Bertelsman for review: 20 MOTION for Order, 22 MOTION for Leave (LSG) (Entered: 08/02/2005)

Aug. 2, 2005

Aug. 2, 2005

25

ORDER granting 20 Motion to File an Amended Motion to Certify Class and granting 22 Motion to Amend Complaint; Motion to Amend and Amended Complaint to be filed. Signed by Judge William O. Bertelsman. (LSG)cc: COR (Entered: 08/03/2005)

Aug. 3, 2005

Aug. 3, 2005

26

FIRST AMENDED COMPLAINT against John D. Rees, Campbell County, Kentucky, Greg L. Buckler filed by Plaintiffs.cc: COR(LSG) (Entered: 08/03/2005)

Aug. 3, 2005

Aug. 3, 2005

27

PLAINTIFF'S AMENDED MOTION to Certify the Class filed by all Plaintiffs (LSG) (Entered: 08/03/2005)

Aug. 3, 2005

Aug. 3, 2005

28

RESPONSE to Motion re 27 AMENDED MOTION to Certify Class filed by Campbell County, Kentucky, Greg L. Buckler. (LSG) (Entered: 08/11/2005)

Aug. 10, 2005

Aug. 10, 2005

29

REPLY to Response to Motion re 27 MOTION to Certify Class filed by Tray James, Chance Hall, Jeff Deal, Ron Gregory, Leon Marshall, Danale Sneed, Dennis Marshall, Chris Dale, Walter Long, Keith Lawson, James Hollingsworth, Arthur Simpleton, James Davenport, Ed James, Larry Gaines, Rick Steele, Paul Sandman, Anthony Jordan, James Woodruff, Jason Sumpter, Sean Black, Charles Breckenridge, Jacob Bowen, James Smith, Dale Myerhoff, Khalil Rahim, Thomas Elliott. (Felson, Stephen) (Entered: 08/11/2005)

Aug. 11, 2005

Aug. 11, 2005

***MOTION SUBMITTED TO CHAMBERS of Judge William O. Bertelsman for review: 27 MOTION to Certify Class (LSG) (Entered: 08/11/2005)

Aug. 11, 2005

Aug. 11, 2005

30

ANSWER to First Amended Complaint by Campbell County, Kentucky, Greg L. Buckler.(LSG) (Entered: 08/15/2005)

Aug. 15, 2005

Aug. 15, 2005

31

FIRST ANSWER to Amended Complaint by John D. Rees.(Baylous, Rebecca) (Entered: 08/16/2005)

Aug. 16, 2005

Aug. 16, 2005

32

ORDER re 27 MOTION to Certify Class, and 2 MOTION for Preliminary Injunction; Status Conference is set for 10/26/2005 at 01:30 PM in Covington before William O. Bertelsman. Signed by Judge William O. Bertelsman. (LSG)cc: COR (Entered: 09/27/2005)

Sept. 27, 2005

Sept. 27, 2005

33

ORDER; Status Conference reset for 10/28/2005 at 02:00 PM in Covington before William O. Bertelsman. Signed by Judge William O. Bertelsman. (LSG)cc: COR (Entered: 09/30/2005)

Sept. 30, 2005

Sept. 30, 2005

34

SECOND DISCLOSURES by John D. Rees. (Attachments: # 1 Supplement Certificate of Occupancy)(Baylous, Rebecca) (Entered: 10/26/2005)

Oct. 26, 2005

Oct. 26, 2005

35

MINUTE ENTRY FOR STATUS CONFERENCE held on 10/28/2005 before Judge William O. Bertelsman; Status Report due by 11/14/2005 or, if a settlement has by then been reached, a proposed consent decree setting forth its terms.(COURT REPORTER: JOAN AVERDICK) (LSG)cc: COR (Entered: 10/31/2005)

Oct. 31, 2005

Oct. 31, 2005

36

JOINT STATUS REPORT by all Parties. (LSG) (Entered: 11/14/2005)

Nov. 14, 2005

Nov. 14, 2005

***FILE SUBMITTED TO CHAMBERS of Judge William O. Bertelsman for review: 36 Status Report (LSG) (Entered: 11/14/2005)

Nov. 14, 2005

Nov. 14, 2005

38

JOINT MOTION for Order Provisionally Certifying Class, Preliminarily Approving Settlement, Approving Forms and Distribution of Notice, and Scheduling Date for Final Fairness Hearing by all Parties. (Attachments: # 1 Exhibit 1 − Agreement and Proposed Consent Decree# 2 Exhibit 2 − Summary Notice of Class Action and Proposed Settlement# 3 Proposed Order)(LSG) (Entered: 11/23/2005)

Nov. 23, 2005

Nov. 23, 2005

***MOTION SUBMITTED TO CHAMBERS of Judge William O. Bertelsman for review: 38 JOINT MOTION for Order Provisionally Certifying Class. Preliminarily Approving Settlement, Approving Forms and Distribution of Notice, and Scheduling Date for Final Fairness Hearing by All Parties (LSG) (Entered: 11/23/2005)

Nov. 23, 2005

Nov. 23, 2005

39

ORDER GRANTING 38 MOTION to Provisionally Certify Class, Preliminarily Approve Settlement, Approve Forms and Distribution by Notice, and Scheduling Date for Final Fairness Hearing is GRANTED, as detailed below; Class of persons currently incarcerated at the Campbell County Detention Center and all persons who will be incarcerated there in the future is provisionally certified; James Hollingsowrth is appointed representative; Robert B. Newman is appointed legal counsel; Settlement Agreement and Proposed Consent Decree is preliminarily approved; parties to begin distributing notice of the hearing to memebers of the class; The summary notice shall be published once in the Kentucky Post and once in the Campbell County Recorder prior to the Final Fairness Hearing; Final Fairness Hearing will be held 1/25/2006 at 1:00PM in Covington before William O. Bertelsman; Summary notice shall state that all written comments must be received by the Clerk of Court by 1/16/2006; def Campbell County to bear the expenses of said publications; Def Campbell County to post a copy of the Settlement Agreement and Proposed Consent Decree in each cell at the Campbell County Detention Center, as well as in the lobby; if any inmate at the Campbell County Detention Center wish to send comments regarding the Proposed Consent Decree, the Campbell County Detention Center shall provide one sheet of writing paper to the inmate; all notices shall be accomplished on or before 12/23/2005. Signed by Judge William O. Bertelsman. (LSG)cc: COR (Entered: 11/30/2005)

Nov. 30, 2005

Nov. 30, 2005

40

LETTER received from inmate Campbell County Jail, Bradley Profitt addressed to Clerk of United States District Court received 12/27/05 (Attachments: # 1 Envelope)(TED) (Entered: 12/28/2005)

Dec. 27, 2005

Dec. 27, 2005

41

CERTIFICATE OF COMPLIANCE by Campbell County, Kentucky, Greg L. Buckler (Attachments: # 1 Exhibit A − The Kentucky Post Public Notice# 2 Exhibit B − Campbell County Recorder Notice)(LSG) (Entered: 01/24/2006)

Jan. 24, 2006

Jan. 24, 2006

42

Letter from Women of Campbell County Jail (Attachments: # 1 Envelope) (LSG) (Entered: 01/27/2006)

Jan. 27, 2006

Jan. 27, 2006

43

Letter from David Chandler (Attachments: # 1 Envelope) (LSG) (Entered: 01/27/2006)

Jan. 27, 2006

Jan. 27, 2006

44

MINUTE ENTRY FOR FAIRNESS HEARING held on 1/25/2006 before Judge William O. Bertelsman; Parties to file an Amended Order approving the settlement but allowing objecting class member Bradley Proffitt to opt out by 2/6/2006 (COURT REPORTER: JOAN AVERDICK) (LSG)cc: COR (Entered: 01/31/2006)

Jan. 31, 2006

Jan. 31, 2006

45

AGREEMENT AND CONSENT DECREE. Signed by Judge William O. Bertelsman. (LSG)cc: COR (Entered: 02/07/2006)

Feb. 7, 2006

Feb. 7, 2006

46

ORDER granting 27 Amended motion to Certify Class, denying as moot 2 Motion for Preliminary Injunction, and denying as moot 7 Motion for class certification. Signed by Judge William O. Bertelsman. (LSG)cc: COR (Entered: 04/06/2006)

April 6, 2006

April 6, 2006

47

ORDER; Status Report due by 10/14/2006 and every six months thereafter advising the court of the pending matter. Signed by Judge William O. Bertelsman. (LSG)cc: COR (Entered: 04/14/2006)

April 14, 2006

April 14, 2006

49

ORDER granting 48 Motion to Withdraw as Attorney; Attorney Rebecca Baylous is hereby withdrawn as counsel of record for Defendant John Rees. Signed by Judge William O. Bertelsman. (LSG)cc: COR (Entered: 07/18/2006)

July 18, 2006

July 18, 2006

50

STATUS REPORT by Campbell County, Kentucky, Greg L. Buckler. (Mando, Jeffrey) (Entered: 10/16/2006)

Oct. 16, 2006

Oct. 16, 2006

Set Deadlines/Hearings: Status Report due by 4/16/2006. (LSG) (Entered: 10/16/2006)

Oct. 16, 2006

Oct. 16, 2006

Set Deadlines/Hearings: Status Report due by 4/16/2007. (LSG) (Entered: 10/16/2006)

Oct. 16, 2006

Oct. 16, 2006

***FILE SUBMITTED TO CHAMBERS of Judge William O. Bertelsman for review: 50 Status Report (LSG) (Entered: 10/17/2006)

Oct. 17, 2006

Oct. 17, 2006

51

STATUS REPORT by Campbell County, Kentucky, Greg L. Buckler. (Mando, Jeffrey) (Entered: 04/16/2007)

April 16, 2007

April 16, 2007

***FILE SUBMITTED TO CHAMBERS of Judge William O. Bertelsman for review: 51 Status Report. Next Status Report is due by 10/16/2007. (LSG) (Entered: 04/16/2007)

April 16, 2007

April 16, 2007

52

ORDER; 1)Parties to file Status Report by 11/9/2007 and every six (6) months thereafter, advising the court of the pending matter. Signed by Judge William O. Bertelsman. (LSG)cc: COR (Entered: 10/31/2007)

Oct. 31, 2007

Oct. 31, 2007

53

STATUS REPORT by Campbell County, Kentucky. (Mando, Jeffrey) (Entered: 11/02/2007)

Nov. 2, 2007

Nov. 2, 2007

***FILE SUBMITTED TO CHAMBERS of Judge William O. Bertelsman for review: 53 Status Report (LSG) (Entered: 11/05/2007)

Nov. 5, 2007

Nov. 5, 2007

Set Deadlines/Hearings: Status Report due by 5/2/2008. (LSG) (Entered: 11/05/2007)

Nov. 5, 2007

Nov. 5, 2007

54

NOTICE of Appearance by John C. Cummings on behalf of John D. Rees and Notice of Substitution of Counsel (Cummings, John) (Entered: 11/21/2007)

Nov. 21, 2007

Nov. 21, 2007

***FILE SUBMITTED TO CHAMBERS of Judge William O. Bertelsman for review: 54 Notice of Appearance and Substitution of Counsel (LSG) (Entered: 11/26/2007)

Nov. 26, 2007

Nov. 26, 2007

55

ORDER; 1)Parties to file a Status Report due by 5/22/2008 and every 6 months thereafter, advising the court of the pending matter. Signed by Judge William O. Bertelsman on 5/12/2008.(LSG)cc: COR (Entered: 05/13/2008)

May 12, 2008

May 12, 2008

56

JOINT MOTION to Dismiss by Tray James, Chance Hall, Jeff Deal, Ron Gregory, Leon Marshall, Danale Sneed, Dennis Marshall, Chris Dale, Walter Long, Keith Lawson, James Hollingsworth, Arthur Simpleton, James Davenport, Ed James, Larry Gaines, Rick Steele, Paul Sandman, Anthony Jordan, James Woodruff, Jason Sumpter, Sean Black, Charles Breckenridge, Jacob Bowen, James Smith, Dale Myerhoff, Campbell County, Kentucky, Greg L. Buckler, Khalil Rahim, Thomas Elliott (Attachments: # 1 Proposed Order)(Mando, Jeffrey) (Entered: 05/22/2008)

May 22, 2008

May 22, 2008

***MOTION SUBMITTED TO CHAMBERS of Judge William O. Bertelsman for review: 56 JOINT MOTION to Dismiss by Tray James, Chance Hall, Jeff Deal, Ron Gregory, Leon Marshall, Danale Sneed, Dennis Marshall, Chris Dale, Walter Long, Keith Lawson, James Hollingsworth, Arthur Simpleton, James Davenport, Ed James, Larry Gaines, Rick Steele, (LSG) (Entered: 05/22/2008)

May 22, 2008

May 22, 2008

57

ORDER; 1)JOINT 56 Motion to Dismiss to be held in abeyance pending a clarification of such motion indicating the inclusion of such def or an explanation thereof on or before 6/30/2008. Signed by Judge William O. Bertelsman on 6/19/2008. (LSG)cc: COR (Entered: 06/19/2008)

June 19, 2008

June 19, 2008

***MOTION SUBMITTED TO CHAMBERS of Judge William O. Bertelsman for review: 58 AMENDED JOINT MOTION to Dismiss by Tray James, Chance Hall, Jeff Deal, Ron Gregory, Leon Marshall, Danale Sneed, Dennis Marshall, Chris Dale, Walter Long, Keith Lawson, James Hollingsworth, Arthur Simpleton, James Davenport, Ed James, Larry Gaines, Rick Steel (JMM) (Entered: 06/26/2008)

June 26, 2008

June 26, 2008

59

ORDER: It Is Ordered that the first Joint Motion to Dismiss 56 be, and is hereby, DENIED AS MOOT . Signed by Judge William O. Bertelsman on 6/30/2008. (JMM)cc: COR (Entered: 06/30/2008)

June 30, 2008

June 30, 2008

60

JUDGMENT: It Is Ordered that the Amended Joint Motion to Dismiss 58 be, and it is, hereby granted , and this matter be, and it is, hereby dismissed , with prejudice, and stricken from the active docket of this court. Signed by Judge William O. Bertelsman on 6/30/2008.(JMM)cc: COR (Entered: 06/30/2008)

June 30, 2008

June 30, 2008

Case Details

State / Territory: Kentucky

Case Type(s):

Jail Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: April 29, 2005

Closing Date: June 30, 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

inmates at the Campbell County Detention Center in Kentucky

Public Interest Lawyer: Unknown

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Campbell County (Carlisle), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2006 - None

Issues

Crowding:

Crowding / caseload

Type of Facility:

Government-run