Case: Harper v. Bennett

1:04-cv-01416 | U.S. District Court for the Northern District of Georgia

Filed Date: May 19, 2004

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On May 19, 2004, inmates at the Fulton County Jail in Atlanta, Georgia filed this lawsuit in the U.S. District Court for the Northern District of Georgia. The plaintiffs sued Fulton County and the Georgia Department of Corrections under 42 U.S.C. §1983 challenging the conditions of their confinement under the Eighth and Fourteenth Amendments. The class action suit, brought on behalf of inmates who were currently or would be incarcerated in the future at the Fulton County Jail facilities in Atla…

On May 19, 2004, inmates at the Fulton County Jail in Atlanta, Georgia filed this lawsuit in the U.S. District Court for the Northern District of Georgia. The plaintiffs sued Fulton County and the Georgia Department of Corrections under 42 U.S.C. §1983 challenging the conditions of their confinement under the Eighth and Fourteenth Amendments. The class action suit, brought on behalf of inmates who were currently or would be incarcerated in the future at the Fulton County Jail facilities in Atlanta, sought compensatory and punitive damages along with declaratory and injunctive relief. The complaint alleged that the inmates were confined in unconstitutional living conditions due to an excessive number of inmates in the jail, an inadequate number of detention officers to ensure their safety, the breakdown of the ventilation, plumbing and laundry systems, and other circumstances. The plaintiff class was represented by the Southern Center for Human Rights and additional private counsel.

The conditions at the jail were described in a report of Dr. Robert Griefinger dated May 31, 2004. Dr. Greifinger was a consultant with regard to health care at the jail, initially for the United States District Court and then for Fulton County.

The parties agreed that Dr. Greifinger's report accurately described the conditions at the jail. Pursuant to the Consent Order of the District Court (Judge Marvin H. Shoob) on July 7, 2004, the parties agreed to the appointment of a Receiver by the Court. On July 14, the Court appointed a Receiver to take charge of the jail.

On December 21, 2005, the Court entered a Consent Order which provided the terms and conditions necessary to ensure constitutional compliance by the jail. The terms of the Consent Order set minimum staffing levels, staff training procedures, inmate population limits, inmate processing requirements and other inmate housing requirements. The Consent Order also covered inmate visitation, medical care (including prescription medication, mental health care and dental care requirements), inmates with physical disabilities, safety and emergency procedures and inmate grievance procedures. The Consent Order also appointed a Court Monitor.

In December 2005, Georgia Public Defenders challenged the transfer of inmates at the jail to distant locations in a separate case filed originally in state court: Georgia Public Defender Standards Council v. Freeman, 1:05-cv-03286-MHS (N.D. Ga) (JC-GA-0024 in this Clearinghouse). That case was removed to federal court where a separate Consent Order was entered on February 28, 2006, after it was consolidated with the this case (Harper v. Bennett).

The Court Monitor filed his First Quarterly Report on May 15, 2006. After the Monitor's Fourth Quarterly Report, the plaintiffs filed a Memorandum on Compliance on June 22, 2007. In the Memorandum, the plaintiffs commended the Sheriff and the County for the progress that had been achieved in many areas covered by the Consent Order. However, the plaintiffs stated that in some areas, especially in areas related to the safety and security of inmates and staff, full compliance with the Order had not been achieved.

After the Seventh Quarterly Report, the Court issued an Order to Show Cause on July 10, 2008. The Court mentioned that nearly two-and-a-half years after the Consent Order, the Sheriff was still not in compliance with many of its mandates, including requirements in such critical areas as staffing and security, population limits and housing, provision of medical services, and timely release of inmates. The Court ordered that the Sheriff appear in Court and show cause why he should not be held in contempt.

On August 22, 2008, the Sheriff filed a Status Report Pursuant to Court Order. In his Report, the Sheriff Freeman acknowledged his failure to comply with the Consent Order in the critical areas of jail staffing and population. However, the Sheriff contended that his efforts have been hampered by Fulton County's failure to authorize funding for all the staff positions needed and for outsourcing pretrial inmates to other jails. Fulton County denied any lack of adequate funding. On January 26, 2009, the Court issued an Order concerning the County's decision to cut the Sheriff's FY09 budget, stating that if the necessary funding was not provided, the County defendants might be held in contempt.

On January 4, 2010, the Sheriff filed a Status Report Pursuant to Court Order describing the steps he was taking to eliminate inmate outsourcing and to provide adequate space for all Fulton County inmates.

The monitor continued to file quarterly reports.

On January 29, 2013, the Court denied the defendant's motion for prospective relief on the grounds that the jail had yet to address two pressing issues within the jail: the understaffing and the malfunctioning locks. And stated that prospective relief remains necessary to correct a current and ongoing violation of plaintiffs' federal rights, extends no further than necessary to correct the violation.

On October 10, 2013, the plaintiffs filed a class motion for the defendants to show cause why they should not be held in contempt. The motion supported this point by discussing how the appointed monitor, Mr. Calvin Lightfoot, plainly stated in his reports to the Court that the defendants have violated the Consent Order by forcing detainees to sleep on the floor of their housing units, by failing to staff all mandated posts in the Jail, and by continuing to detain people in cells whose locks are broken or compromised. The plaintiffs sought an order imposing monetary sanctions until compliance with the Consent Order was achieved, and requiring the defendants to submit a plan to the Court to bring themselves into compliance with the Consent Order.

On November 25, 2013, the court granted the plaintiffs' motion that the defendants must show cause as to why they should not be held in contempt. The court found that the defendants were clearly in violation of the Consent Decree as overcrowding, understaffing, and poor facility maintenance continued to be the norm at the jail. A show cause hearing was to be scheduled for the near future, wherein the Chairman of the Fulton County Commission and the Sheriff of Fulton County will be required to attend the hearing in person.

On February 3, 2014, the parties filed a joint motion to remove the show cause hearing from the calendar and decided to hold a status conference in its place. This joint motion was granted in an order on February 4, 2014.

On May 12, 2015, the Court issued an order granting the defendants' motion that all prospective relief be terminated. Based on the evidence of the jail conditions presented by the defendants and the testimony of the Court Monitor the Court found that the defendants were in compliance with the Consent Decree. Based upon the evidentiary record, the Court could not find that there were current and ongoing violations of the plaintiffs’ federal rights. As such the civil case against the defendants was terminated. Plaintiffs did not appeal.

Summary Authors

Xin Chen (1/21/2012)

Erin Pamukcu (3/28/2016)

Related Cases

Georgia Public Defender Standards Council v. Freeman, Northern District of Georgia (2005)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4243276/parties/harper-v-bennet/


Judge(s)

Shoob, Marvin Herman (Georgia)

Thrash, Thomas W. Jr. (Georgia)

Attorneys(s) for Plaintiff

Bright, Stephen B. (Georgia)

Buch, Vanessa (Georgia)

Kelly, Mary Sidney (Georgia)

Kung, Lisa L. (Georgia)

Lipman, Joshua R (Georgia)

Primerano, Ryan (Georgia)

Sweet, John F. (Georgia)

Velez, Melanie (Georgia)

Judge(s)

Shoob, Marvin Herman (Georgia)

Thrash, Thomas W. Jr. (Georgia)

Attorneys(s) for Plaintiff

Bright, Stephen B. (Georgia)

Buch, Vanessa (Georgia)

Kelly, Mary Sidney (Georgia)

Kung, Lisa L. (Georgia)

Lipman, Joshua R (Georgia)

Primerano, Ryan (Georgia)

Sweet, John F. (Georgia)

Velez, Melanie (Georgia)

Attorneys(s) for Defendant

Belaga, Julianne N. (Georgia)

Brantley, Overtis Hicks (Georgia)

Burwell, Kaye Woodard (Georgia)

Dancy, Rolesia Butler (Georgia)

DeLoach, Jerry L. (Georgia)

D'Haene, Kimberly W. (Georgia)

DiSantis, Linda (Georgia)

Dobras, Rebecca Jean (Georgia)

Dunnigan, E. Vaughn (Georgia)

Johnson, Coy J. Jr. (Georgia)

Jones, John Custer (Georgia)

Lackland, Theodore Howard (Georgia)

Lovett, William Jake Jr. (Georgia)

McDonald, Nikisha L. (Georgia)

Moore, Sidney Leighton (Georgia)

Nash, Paula Morgan (Georgia)

Nkumeh, Nwakaego Ijeoma (Georgia)

Okparaeke, Nwakaego Ijeoma (Georgia)

Ramsey, Larry Wayne Jr. (Georgia)

Robbins, Richard Lance (Georgia)

Roseborough, Teresa Wynn (Georgia)

Rosenberg, Steven E. (Georgia)

Sam-Buchanan, Yonette (Georgia)

Spritzer, Erin Nicole (Georgia)

Starkey, Rory K. (Georgia)

Turner, William Randall (Georgia)

Ware, Robert D. (Georgia)

Other Attorney(s)

Bracker, Julie K. (Georgia)

Claiborne, William Charles III (District of Columbia)

Cunningham, Lynn E. (Wyoming)

DeWoskin, Daniel Eliot (Georgia)

Drolet, Joseph J (Georgia)

Greenberg, Carl (Georgia)

Hankins, Janet Willy (Georgia)

Mears, Michael (Georgia)

Orland, Devon (Georgia)

Pekor, Charles B. Jr. (Georgia)

Pitts, Vernon (Georgia)

Remar, Robert B. (Georgia)

Smith, John Da Grosa (Georgia)

Wilkes, Karen S. (Georgia)

Expert/Monitor/Master

McManus, Patrick D. (Minnesota)

Documents in the Clearinghouse

Document

Docket [PACER]

March 17, 2016 Docket
1

Complaint

May 19, 2004 Complaint
4

Amended Complaint

June 22, 2004 Complaint
7

Conference Scheduling Order

June 25, 2004 Order/Opinion
9

Motion by Plaintiff for Class Certification

June 25, 2004 Pleading / Motion / Brief
11

Motion by Plaintiff for Inspection of Fulton County Jail

June 29, 2004 Pleading / Motion / Brief
19

Motion to Intervene

July 6, 2004 Pleading / Motion / Brief
21

Notice of Appearance

July 7, 2004 Pleading / Motion / Brief
24

Consent Order Regarding Jail Custodian and Receiver

2008 WL 476122

July 7, 2004 Order/Opinion
27

Memorandum of Law by Defendant in Response to Show Cause Order

July 8, 2004 Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4243276/harper-v-bennet/

Last updated May 13, 2022

ECF Number Description Date Link
1

COMPLAINT filed. (er) (Entered: 06/01/2004)

May 19, 2004 PACER
2

Affidavit and Authorization for withdrawal from inmate account. (er) (Entered: 06/01/2004)

May 19, 2004 PACER
3

ORDER by Mag Judge Linda T. Walker plaintiff must, with thirty (30) days of the date of this order, either submit the full initial filing fee of $150.00, or execute and return an affidavit and authorization allowing custodian to withdraw funds from inmate account. [3-1] order to be submitted on 7/21/04 (cc w/affidavit) (er) (Entered: 06/21/2004)

June 17, 2004 PACER
4

AMENDED COMPLAINT by plaintiffs adding Fulton County, Georgia, Karen Handel, Rob Pitts, Emma I. Darnell, William Edwards, Tom Lowe, Nancy Boxill, and Jacquelyn Barrett. *** REPORT of Dr. Robert B. Greifinger attached to the amended cmp pursuant to Order [8-1] filed 6/25/04. (er) Modified on 06/25/2004 (Entered: 06/24/2004)

June 22, 2004 RECAP
45

APPLICATION for Admission of Joshua Lipman Pro Hac Vice.Filing Fee received $150.00, Receipt #523518. (er) Modified to change the date filed on 7/29/2004 (er). (Entered: 07/29/2004)

June 22, 2004 PACER
5

Summons issued for defts Karen Handel, Rob Pitts, Emma I. Darnell, William Edwards, Tom Lowe, Nancy Boxill, Jacquelyn Barrett, Tyrone Bennet, and Fulton County, GA (Hon. Overtis Hicks Beantley - Fulton County Attorney) (er) (Entered: 06/25/2004)

June 22, 2004 PACER
6

MOTION by plaintiff to attach Exhibit A to the amended complaint with prop/Order. (to: MHS) (er) (Entered: 06/25/2004)

June 24, 2004 PACER
7

ORDER by Judge Marvin H. Shoob, directing the defts to show cause why the Court should not appoint a temporary receiver to replace Sheriff Barrett as the custodian of the jail until a new, duly-elected sheriff takes office. Finally the Courts invites counsel for the parties, the Fulton County Commissioners, the Fulton County Sheriff, the Chief Judges of the Fulton County Superior Court and Fulton County State Court, the Fulton County District Attorney, and the Fulton County Solicitor to meet with the Court in an informal conference to discuss alternatives to limit the flow of new prisoners into the jail and to expedite the release of prisoners who should no longer be detained. The conference shall take place in chambers on 7/15/04, at 2:00 p.m. show cause hearing set for 7/8/04 at 10:30 a.m. (cc) (er) Modified on 06/25/2004 (Entered: 06/25/2004)

June 25, 2004 PACER
8

ORDER by Judge Marvin H. Shoob GRANTING the [6-1] pla's motion to attach Exhibit A to the amended complaint (cc) (er) (Entered: 06/25/2004)

June 25, 2004 PACER
9

MOTION by plaintiff for class certification with memorandum in support. (er) (Entered: 06/28/2004)

June 25, 2004 PACER
10

MOTION by plaintiffs to join Joel Lawler, Valerie Moore, Terry Bloodshaw, Charles Holmes, Marvin Maxie, Timothy Grier, Sean Hill, Michael Rice, Jamil Abdul-Musawwir, Ronnie Jackson and Michael Brown as named plas with memorandum in support. (er) (Entered: 06/30/2004)

June 28, 2004 PACER
11

MOTION by plaintiffs for an inspection of the Fulton County Jail by the Court with brief in support. (er) (Entered: 06/30/2004)

June 29, 2004 PACER
12

MOTION by defts Karen Handel, Rob Pitts, Emma I. Darnell, William Edwards, Tom Lowe, Nancy Boxill, Tyrone Bennet, Fulton County, GA for recusal of Judge with brief in support. (er) (Entered: 07/02/2004)

June 30, 2004 PACER
13

ORDER by Judge Marvin H. Shoob DENYING [12-1] defts' motion for recusal of Judge (cc) (er) (Entered: 07/02/2004)

July 2, 2004 PACER
14

APPLICATION by plaintiff for issuance of writs of habeas corpus ad testificandum of Frederick Harper, Valerie Moore, Charles Holmes, Joel Lawler, Michael Brown, and Sean Hill with prop/writs. (er) (Entered: 07/06/2004)

July 2, 2004 PACER
15

WRIT of habeas corpus ad testificandum ISSUED as to inmmates Frederick Harper, Valerie Moore, Charles Holmes, Joel Lawler, Michael Brown, and Sean Hill; signed by Mag Judge Linda T. Walker. (er) (Entered: 07/06/2004)

July 2, 2004 PACER
16

Return of service executed 6/25/04 as to Tyrone Bennet on original complaint (er) (Entered: 07/08/2004)

July 6, 2004 PACER
17

APPLICATION by plaintiff for issuance of writs of habeas corpus ad testificandum as to Joel Lawler (er) (Entered: 07/08/2004)

July 6, 2004 PACER
18

WRIT of habeas corpus ad testificandum ISSUED as to inmmate Joel Lawler; signed by Magistrate Judge Linda T. Walker. (er) (Entered: 07/08/2004)

July 6, 2004 PACER
19

MOTION by Proposed Intervenors to intervene as party plaintiffs with memorandum in support & prop/Order. (er) Modified on 07/08/2004 (Entered: 07/08/2004)

July 6, 2004 PACER
20

MOTION by Proposed Intervenors for an expedited ruling on their motion to intervene with brief in support & prop/Order. (er) Modified on 07/08/2004 (Entered: 07/08/2004)

July 6, 2004 PACER
21

Notice of appearance for defendant Jacquelyn Barrett by Theodore Howard Lackland (er) (Entered: 07/08/2004)

July 7, 2004 PACER
22

RESPONSE by plaintiff in opposition to [19-1] prop/intv.'s motion to intervene as party plaintiffs & with prop/Order. (er) Modified on 07/08/2004 (Entered: 07/08/2004)

July 7, 2004 PACER
23

STATUS CONFERENCE HELD in lieu of show cause hearing pursuant to Order of 6/25/04 before Judge Marvin H. Shoob. Consent order signed and filed. Show cause hrg. set for 7/9/04 cancelled. (er) (Entered: 07/08/2004)

July 7, 2004 PACER
24

CONSENT ORDER by Judge Marvin H. Shoob that the Court will expeditiously interview candidates for the position of receiver and make an appointment as soon as possible. Sheriff Barrett will remain as custodian of the jail until a receiver has been appointed. (cc) (er) (Entered: 07/08/2004)

July 7, 2004 PACER
25

LETTER from dft Jacquelyn H. Barrett addressed to Judge Marvin H. Shoob re: Apointment of Receiver. (er) (Entered: 07/09/2004)

July 8, 2004 PACER
26

LETTER from the Law Firm of Dow, Lohnes & Albertson, PLLC, Thomas M. Clyde, on behalf of The Atlanta Journal-Constitution addressed to Judge Marvin H. Shoob re: Appointment of Receiver. (er) (Entered: 07/09/2004)

July 8, 2004 PACER
27

MEMORANDUM OF LAW by defts Fulton County Board of Commissioners in response to the [7-1] show cause order. (er) (Entered: 07/09/2004)

July 8, 2004 PACER
28

THIRD-PARTY COMPLAINT by dft Jacquelyn Barrett against Jim Donald. (er) (Entered: 07/09/2004)

July 8, 2004 PACER
29

THIRD-PARTY SUMMONS issued as to as to 3dpty/dft Jim Donald. (er) (Entered: 07/09/2004)

July 9, 2004 PACER
30

NOTICE of Appearance by Kimberly Williams D'Haene, Julianne N. Belaga, Richard Lance Robbins, S. Leighton Moore, and Teresa Wynn Roseborough on behalf of defendants Nancy Boxill, William Edwards, Karen Handel, Tom Lowe, and Rob Pitts (er) (Entered: 07/15/2004)

July 9, 2004 PACER
31

Return of Service Executed by Jim Donald. Jim Donald served on 7/8/2004, answer to 3rd/pty complaint due 7/28/2004. (er) Additional attachment(s) added on 7/15/2004 (er). Modified on 7/15/2004 to add pdf file(er). (Entered: 07/15/2004)

July 9, 2004 PACER
32

Summons Issued as to 3rd/pty dft Georgia Department of Corrections. (er) (Entered: 07/15/2004)

July 9, 2004 PACER
33

Return of Service Executed by Georgia Department of Corrections. Georgia Department of Corrections served on 7/9/2004, answer to 3rd/pty complaint due on 7/29/2004. (er) (Entered: 07/15/2004)

July 12, 2004 PACER
34

Consent MOTION for Extension of Time until 8/11/04 within which the Fulton County defendants must answer or otherwise respond to the amended complaint and to response to plainitt's motion for class certification. (er) (Entered: 07/15/2004)

July 12, 2004 PACER
35

NOTICE Of Filing by Dr. Greifinger re: Interim Report on Conditions at Fulton County Jail (er) (Entered: 07/15/2004)

July 12, 2004 PACER
36

ANSWER to Amended Complaint by Tyrone Bennet.(er) Modified on 7/15/2004 to change document no. (er). (Entered: 07/15/2004)

July 12, 2004 PACER
37

ORDER appointing Dr. Greifinger to serve as an expert witness, he shall perform bimonthly inspection of the Fulton County Jail and issue wirtten reports to the Court, the parties, and the receiver, also be available to consult with the receiver regarding conditions at the jail; the Fulton County shall compensate Dr. Greifinger for his time at his usual hour rate and shall reimburse him for all reashoble expenses incurred in connection with this appointment; and the appointment is retroactive to 7/7/04, and shall remain in effect until 12/31/04. Signed by Judge Marvin H. Shoob on 7/12/04. (er) Modified on 7/15/2004 to change doc. no. (er). (Entered: 07/15/2004)

July 12, 2004 PACER
38

ORDER that the objection of Fulton County and the Fulton County Commissioners to the 37 appointment of Dr. Greifinger, is OVERRULED Signed by Judge Marvin H. Shoob on 7/12/04. (er) Modified on 7/15/2004 to change doc. no. (er). (Entered: 07/15/2004)

July 12, 2004 PACER
39

ORDER granting 34 Motion for Extension of Time until 8/11/04, to anwer or otherwise respond to the amended complaint and to respond to pla's motion for Class Certification. Signed by Judge Marvin H. Shoob on 7/12/2004. (er) Modified on 7/15/2004 to change doc. no. (er). Modified on 7/15/2004 to change doc. no.(er). Modified on 7/15/2004 to change doc. no. (er). (Entered: 07/15/2004)

July 13, 2004 PACER
40

First AMENDMENT TO ANSWER to 4 Amended Complaint, 28 Crossclaim, and 28 Third Party Complaint by Jacquelyn Barrett. (er) (Entered: 07/15/2004)

July 14, 2004 PACER
41

ORDER appointing John Gibson as temporary Receiver to replace dft Sheriff Jacquelyn Barret as custodian of the Fulton County Jail. Signed by Judge Marvin H. Shoob on 7/14/04. (er) (Entered: 07/15/2004)

July 14, 2004 PACER
42

RESPONSE TO Consent 24 Order dated July 7, 2004 by Fulton County, Georgia (er) (Entered: 07/16/2004)

July 15, 2004 PACER
43

Minute Entry for proceedings held before Judge Marvin H. Shoob : Conference held on 7/15/2004 to discuss the naming of the Receiver and his swearing in, to take place on 7/23/04, and to discuss possibilities for reducing the jail population and getting the A/C at the jail fixed. (Court Reporter Elise Evans.)(er) (Entered: 07/19/2004)

July 15, 2004 PACER
44

RESPONSE by Fulton County defts re 19 Motion to Intervene. (er) (Entered: 07/26/2004)

July 20, 2004 PACER
46

ORDER approving 45 Application for Admission Joshua Lipman Pro Hac Vice; approved by ct/room depty. (er) (Entered: 07/29/2004)

July 23, 2004 PACER
47

TRANSCRIPT of Proceedings held on 7/15/04 before Judge Marvin H. Shoob. Court Reporter: Elise Smith Evans. (er) (Entered: 07/30/2004)

July 26, 2004 PACER
48

MOTION to Dismiss cross-claim of co-deft Barretby Fulton County Defts. (Attachments: # 1 Memorandum of Law in support of motion to dismiss)(er) (Entered: 08/03/2004)

1 Memorandum of Law in support of motion to dismiss

View on PACER

July 28, 2004 PACER
49

ANSWER to Third Party Complaint by Jim Donald and Georgia Department of Corrections.(er) (Entered: 08/03/2004)

July 29, 2004 PACER
51

CONSENT MOTION for Extension of Time in which the Fulton County Defts must answer or otherwise respond to the 4 Amended Complaint and to 9 pla's Motion for Class Certification; with prop/Order.(to: MHS) (er) (Entered: 08/17/2004)

Aug. 10, 2004 PACER
50

ORDER GRANTING 10 plaintiffs' unopossed motion to join Joel Lawler, Valerie Moore, Terry Bloodshaw, Charles Holmes, Marvin Maxie, Timothy Grier, Sean Hill, Michael Rice, Jamil Addul-Musawwir, Ronnie Jackson, and Michael Brown as named plaintiffs; GRANTING 11 plas' unopposed motion for an inspection of the Fulton County Jail by the Court; DENYING the 19 motion of C. Alan Powell, Tory Dunlap, Lee Antonio Smith, and David Evans to intervene as party plas; and DENYIN AS MOOT the 20 movant's motion for an expedited ruling on their motion to intervene. Signed by Judge Marvin H. Shoob on 08/10/04. (cc) (er) (Entered: 08/13/2004)

Aug. 13, 2004 PACER
52

MEMORANDUM OF LAW by co-dft Barret in RESPONSE to 48 dft Fulton County's motion to dismiss cross-claim. (er) (Entered: 08/19/2004)

Aug. 17, 2004 PACER
53

MOTION by dft Jacquelyn Barrett to Dismiss the amended complaint as to her with Brief In Support. (er) (Entered: 08/23/2004)

Aug. 20, 2004 PACER
54

ORDER granting 51 Motion for Extension of Time thru 9/22/04, to answer or, otherwise respond to the 4 Amended Complaint and to respond to 9 pla's Motion to Class Certification. Signed by Judge Marvin H. Shoob on 08/20/04. (cc) (er) (Entered: 08/24/2004)

Aug. 24, 2004 PACER
55

REPLY by Fulton County Defts to Sheriff Barrett's Opposition to dismissal of her 48 cross-claim. (er) (Entered: 09/10/2004)

Sept. 3, 2004 PACER
56

RESPONSE by plaintiffs to 53 dft Barrett's MOTION to Dismiss the complaint as to her. (Attachments: #(1) Attachment A; #(2) Attachment B; #(3) Attachment C; #(4) Attachment D; #(5) Attachment E; #(6) Attachment F - First Part (Page 15 of 32); #(7) Attachment F - Second Part (from page 16); and #(8) Attachment G)(er) (Entered: 09/10/2004)

1 Attachment A

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2 Attachment B

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3 Attachment C

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4 Attachment D

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5 Attachment E

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6 Attachment F - First Part (Page 15 of 32)

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7 Attachment F - Part 2 (from page 16 on)

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8 Attachment G

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Sept. 3, 2004 PACER
57

REPLY to Response to Motion filed by Jacquelyn Barrett re 53 MOTION to Dismiss. (Lackland, Theodore) (Entered: 09/13/2004)

Sept. 13, 2004 PACER
58

CONSENT MOTION for enlargement of time within which the Fulton County Defts must answer or otherwise respond 4 to the amended complaint thru and including 10/20/04 and to respond to 9 pla's motion for class certification thru and including 9/29/04 with prop/Order. (to: MHS) (er) (Entered: 09/28/2004)

Sept. 21, 2004 PACER
59

CONSENT MOTION for Extension of Time within which the Fulton County Defts respond to pla's 9 Motion for class certification. (to: MHS) (Attachments: # 1 proposed order)(er) (Entered: 10/01/2004)

1 proposed order

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Sept. 29, 2004 PACER
60

ORDER granting 58 the defts' consent Motion for enlargement of time until 10/20/04 to answer or otherwise respond to the amended complaint and until 9/30/04 to respond to 9 pla's motion for Class Certification. Signed by Judge Marvin H. Shoob on 09/30/04. (cc) (er) (Entered: 10/02/2004)

Sept. 30, 2004 PACER
61

ORDER extending the time until 10/06/04 for defts Fulton County, Georgia; Fulton County Board of Commissioners, Karen Handel, Rob Pitts, Emma I. Darnell, William Edwards, Tom Lowe and Nancy Boxill respond to pla's 9 Motion Class Certification. Signed by Judge Marvin H. Shoob on 10/04/04. (cc)(er) (Entered: 10/05/2004)

Oct. 4, 2004 PACER
62

MOTION for a consent order conditionally certifying class by Fulton County Defts. (Attachments: # 1 Proposed Consent Order)(to: MHS)(er) (Entered: 10/08/2004)

1 Proposed Consent Order

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Oct. 6, 2004 PACER
63

CONSENT ORDER granting 62 the Fulton County Defts' Motion for their consent order conditionally certifying class. Signed by Judge Marvin H. Shoob on 10/06/04. (cc) (er) Additional attachment(s) added on 10/14/2004 (er). (Entered: 10/13/2004)

Oct. 12, 2004 PACER
64

RESPONSE and OBJECTIONS to Dr. Griefinger's Report of 9/14/04 by Fulton County Defts. (er) (Entered: 10/20/2004)

Oct. 19, 2004 PACER
65

CONSENT MOTION for Extension of Time within which the Fulton County Defts must answer or otherwise respond 4 to the amended complaint with proposed order. (to: MHS) (er) (Entered: 10/22/2004)

Oct. 19, 2004 PACER
66

ORDER granting 65 defts' Motion for Extension of Time until 1/15/04, to respond to 4 plas' amended complaint. Signed by Judge Marvin H. Shoob on 10/25/04. (er) Modified on 10/27/2004 to add the date to respond (er). (Entered: 10/27/2004)

Oct. 25, 2004 PACER
67

RESPONSE by plaitiffs to 64 defendant Fulton County's Response and Objections to Monitor's Report.(er) (Entered: 11/08/2004)

Nov. 4, 2004 PACER
68

Fifth MOTION for Extension of Time to File Answer to Amended Complaint by Nancy Boxill, Fulton County, Georgia, Karen Handel, Rob Pitts, Emma I. Darnell, William Edwards, Tom Lowe. (Moore, Sidney) (Entered: 01/14/2005)

Jan. 14, 2005 PACER
69

ORDER granting 68 Fulton County Defendants' Motion for Extension of Time to Answer the amended complaint to February 14, 2005. Signed by Judge Marvin H. Shoob on 1/18/05. (jsr) (Entered: 01/20/2005)

Jan. 20, 2005 PACER
70

CONSENT MOTION for Extension of Time to 3/16/05 to File Answer by Nancy Boxill, Fulton County, Georgia, Karen Handel, Rob Pitts, Emma I. Darnell, William Edwards, Tom Lowe. (dr) (Entered: 02/14/2005)

Feb. 11, 2005 PACER
71

ORDER granting 70 Fulton County Defendants' Motion for Extension of Time to Answer Plaintiff's Amended Complaint to 3/16/2005. Signed by Judge Marvin H. Shoob on 2/15/05. (jsr) (Entered: 02/15/2005)

Feb. 15, 2005 PACER
72

CONSENT MOTION for Extension of Time thru and including April 15, 2005, within which the Fulton County Defendants must answer to the 4 Amended Complaint. (Attachments: # 1 Proposed Order)(er) (Entered: 03/16/2005)

1 Proposed Order

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March 15, 2005 PACER
73

NOTICE of withdrawal of Julianne N. Belaga as co-counsel by Fulton County Defendants. (er) (Entered: 03/16/2005)

March 15, 2005 PACER
74

ORDER granting 72 Consent Motion for Extension of Time to 4/15/05 for defendants to respond to the amended complaint . Signed by Judge Marvin H. Shoob on 3/17/05. (jsr) (Entered: 03/18/2005)

March 18, 2005 PACER
75

CONSENT MOTION for enlargement of time thru and including 6/15/2005 within which the Fulton County Defendants must answer or otherwise respond to 4 the Amended Complaint. (Attachments: # 1 Proposed Order)(er) (Entered: 04/18/2005)

1 Proposed Order

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April 15, 2005 PACER
76

ORDER granting 75 Fulton County Defendants' Motion for Extension of Time to 6/15/05 to respond to Plaintiffs' Amended Complaint . Signed by Judge Marvin H. Shoob on 4/19/05. (jsr) (Entered: 04/19/2005)

April 19, 2005 PACER
77

ORDER DIRECTING Sheriff Freeman and the County attorney to submit to the Court within 10 days a report on their investigation of Michael Fitzgerald's allegations. Failure to comply will result in issuance of an order directing Sheriff Freeman and Ms. Brantley to show cause why they should not be held in contempt. Signed by Judge Marvin H. Shoob on 4/25/05. (jsr) (Entered: 04/25/2005)

April 25, 2005 PACER
78

RESPONSE TO 77 COURT'S ORDER of 4/25/2005, (Ware, R.) Modified on 5/12/2005 to change description (er). (Entered: 05/05/2005)

May 5, 2005 PACER
79

RESPONSE TO 77 COURT'S ORDER of 4/25/2005, filed by Myron Freeman. (Ware, R.) Modified on 5/12/2005 to change description (er). (Entered: 05/06/2005)

May 6, 2005 PACER
80

ORDER, clarifiying the Court's order of 4/25/05. Signed by Judge Marvin H. Shoob on 5/13/05. (jsr) (Entered: 05/13/2005)

May 13, 2005 PACER
81

CONSENT MOTION for enlargement of time thru and including 7/15/05, within which the Fulton County Defendants must answer or otherwise respond to the 4 Amended Complaint, by the Fulton County Defendants. (Attachments: # 1 Proposed Order)(er) (Entered: 06/16/2005)

1 Proposed Order

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June 15, 2005 PACER
82

ORDER granting 81 Defendants' Motion for Extension of Time to 7/15/05 to respond to Plaintiffs' Amended Complaint . Signed by Judge Marvin H. Shoob on 6/17/05. (jsr) (Entered: 06/20/2005)

June 20, 2005 PACER
83

Consent MOTION for Extension of Time to File Answer re 4 Amended Complaint, by Nancy Boxill, Fulton County, Georgia, Karen Handel, Rob Pitts, Emma I. Darnell, William Edwards, Tom Lowe. (Moore, Sidney) (Entered: 07/18/2005)

July 18, 2005 PACER
84

ORDER granting 83 consent Motion for Extension of Time until 8/15/2005, for defendants Fulton County, Georgia; Karen Handel, Rob Pitts, Emma I. Darnell, Williams Edwards, Tom Lowe, and Nancy Boxill, to respond to plaintiffs' 4 Amended Complaint. Signed by Judge Marvin H. Shoob on 7/22/2005. (er) (Entered: 07/25/2005)

July 22, 2005 PACER
85

First MOTION for Order to Dismiss Def Bennett by Frederick V. Harper. (Attachments: # 1)(Bright, Stephen) (Entered: 11/28/2005)

Nov. 28, 2005 PACER
86

Second MOTION to Amend Complaint by Frederick V. Harper. (Attachments: # 1 # 2)(Bright, Stephen) (Entered: 11/28/2005)

Nov. 28, 2005 PACER
87

PROPOSED CONSENT ORDER. (Attachments: # 1 Appendix A# 2 Appendix B Part 1# 3 Appendix B Part 2# 4 Appendix C# 5 Appendix D# 6 Appendix E)(Nash, Paula) (Entered: 12/20/2005)

1 Appendix A

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2 Appendix B Part 1

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3 Appendix B Part 2

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4 Appendix C

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5 Appendix D

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6 Appendix E

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Dec. 20, 2005 PACER
88

Joint MOTION To Provide Notice to Class of Settlement Agreement and to Set Date for Fairness Hearing with Brief In Support by Nancy Boxill, Jacquelyn Barrett, Tyrone Bennet, Fulton County, Georgia, C. Alan Powell, Tory Dunlap, Lee Antonio Smith, David Evans, Jacquelyn Barrett, Karen Handel, Frederick V. Harper, Rob Pitts, Emma I. Darnell, William Edwards, Tom Lowe, Nancy Boxill, Jim Donald, Georgia Department of Corrections, Fulton County Jail, Myron Freeman, Karen Handel, Rob Pitts, Emma I. Darnell, William Edwards, Tom Lowe. (Attachments: # 1 Brief # 2 Appendix Consent Order# 3 Exhibit Appendix A to Consent Order# 4 Exhibit Appendix B Pt. to Consent Order# 5 Exhibit Appendix B Pt. 2 to Consent Order# 6 Exhibit Appendix C to Consent Order# 7 Exhibit Appendix D to Consent Order# 8 Exhibit Appendix E to Consent Order# 9 Appendix Notice of Proposed Settlement of Class Action Lawsuit)(Nash, Paula) (Entered: 12/21/2005)

1 Brief

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2 Appendix Consent Order

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3 Exhibit Appendix A to Consent Order

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4 Exhibit Appendix B Pt. to Consent Order

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5 Exhibit Appendix B Pt. 2 to Consent Order

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6 Exhibit Appendix C to Consent Order

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7 Exhibit Appendix D to Consent Order

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8 Exhibit Appendix E to Consent Order

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9 Appendix Notice of Proposed Settlement of Class Action Lawsuit

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Dec. 21, 2005 PACER
89

ORDER that the Consent Order resolves the dispute between the plaintiffs, a class of inmates who are now or will be incarcerated in the future at the Fulton County Jail facilities in Atlanta, Georgia, and the defendants, Fulton County, Georgia; the Fulton County Board of Commissioners and its members, in their official capacities regarding conditions at the Fulton County Jail (SEE ORDER FOR MORE DETAILS). Signed by Judge Marvin H. Shoob on 12/21/2005. (Attachments: # 1 Appendix A# 2 Appendix B# 3 Appendix C through E) (er) (Entered: 12/21/2005)

1 Appendix A

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2 Appendix B

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3 Appendix C through E

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Dec. 21, 2005 PACER
90

SCHEDULING ORDER: Joint Motion to Schedule Fairness Hearing GRANTED. Hearing set for Friday, 2/3/2006, at 11:00 AM in Courtroom 1707 before Judge Marvin H. Shoob. Signed by Judge Marvin H. Shoob on 12/22/05. (Attachment: # 1 Notice of Proposed Settlement)(jsr) (Entered: 12/22/2005)

1 Exhibit Notice of Proposed Settlement

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Dec. 22, 2005 PACER
91

SCHEDULING ORDER: 90 Fairness Hearing set for Friday, 2/3/2006, at 11:00 AM in Courtroom 1707 before Judge Marvin H. Shoob. Signed by Judge Marvin H. Shoob on 12/22/05. Entered on docket again to attach order. (jsr) (Entered: 12/27/2005)

Dec. 22, 2005 PACER
92

Letter from Jonathan Robinson, member of the class, re 90 91 opposing settlement. (jsr) (Entered: 01/06/2006)

Jan. 6, 2006 PACER
93

ORDER granting 85 Plaintiff's Motion for Order Dismissing Defendant Tyrone Bennett. Signed by Judge Marvin H. Shoob on 1/6/06. (jsr) (Entered: 01/09/2006)

Jan. 9, 2006 PACER
94

ORDER granting 86 Plaintiffs' Motion for Leave to File Second Amended Complaint . Signed by Judge Marvin H. Shoob on 1/6/06. (jsr) (Entered: 01/09/2006)

Jan. 9, 2006 PACER
95

Letter from Anthony C. Dunlap, Sr. (sic), Fulton County Jail inmate, objecting to proposed settlement 90, 91 . (jsr) Modified on 1/9/2006 (jsr). (Entered: 01/09/2006)

Jan. 9, 2006 PACER
96

SECOND AMENDED COMPLAINT against all defendants, filed by Frederick Harper, Marvin Maxie, Charles Holmes, and Sean Hill, (er) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 01/09/2006)

Jan. 9, 2006 PACER
97

Letter from Jimmy Lee Jones, Fulton County Jail inmate, objecting to 91, proposed settlement. (er) (Entered: 01/10/2006)

Jan. 9, 2006 PACER
98

Letter from Alvin Richard Rakestraw, Fulton County jail inmate, with comment concerning proposed settlement 90, 91 . (jsr) (Entered: 01/13/2006)

Jan. 13, 2006 PACER
99

Letter from Carl G. Sanders, Fulton County Jail inmate, objecting to 91 with comment concerning proposed settlement. (er) (Entered: 01/25/2006)

Jan. 24, 2006 PACER
100

Letter from Joseph Broadus V, Fulton County Jail inmate, objectig to 91 proposed settlement. (er) (Entered: 01/27/2006)

Jan. 25, 2006 PACER

State / Territory: Georgia

Case Type(s):

Jail Conditions

Special Collection(s):

Court-ordered receiverships

Post-PLRA enforceable consent decrees

Key Dates

Filing Date: May 19, 2004

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Inmates who are now or will be incarcerated in the future at the Fulton County Jail facilities in Atlanta, Georgia

Attorney Organizations:

Southern Center for Human Rights (SCHR)

Public Interest Lawyer: Yes

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Fulton County (Atlanta, Fulton), County

Georgia Department of Corrections, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Cruel and Unusual Punishment

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: 2005 - 2015

Content of Injunction:

Receivership

Issues

General:

Disciplinary procedures

Fire safety

Food service / nutrition / hydration

Pepper/OC spray

Sanitation / living conditions

Staff (number, training, qualifications, wages)

Totality of conditions

Visiting

Crowding:

Crowding / caseload

Post-PLRA Population Cap

Discrimination-basis:

Disability (inc. reasonable accommodations)

Medical/Mental Health:

Dental care

Medical care, general

Medication, administration of

Mental health care, general

Type of Facility:

Government-run