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

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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 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). 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.

	Document
1:04-cv-01416	Docket [PACER]	March 17, 2016	March 17, 2016 Docket
1 1:04-cv-01416	Complaint	May 19, 2004	May 19, 2004 Complaint
4 1:04-cv-01416	Amended Complaint	June 22, 2004	June 22, 2004 Complaint
9 1:04-cv-01416	Motion by Plaintiff for Class Certification	June 25, 2004	June 25, 2004 Pleading / Motion / Brief
7 1:04-cv-01416	Conference Scheduling Order	June 25, 2004	June 25, 2004 Order/Opinion
11 1:04-cv-01416	Motion by Plaintiff for Inspection of Fulton County Jail	June 29, 2004	June 29, 2004 Pleading / Motion / Brief
19 1:04-cv-01416	Motion to Intervene	July 6, 2004	July 6, 2004 Pleading / Motion / Brief
21 1:04-cv-01416	Notice of Appearance	July 7, 2004	July 7, 2004 Pleading / Motion / Brief
24 1:04-cv-01416	Consent Order Regarding Jail Custodian and Receiver	July 7, 2004	July 7, 2004 Order/Opinion
27 1:04-cv-01416	Memorandum of Law by Defendant in Response to Show Cause Order	July 8, 2004	July 8, 2004 Pleading / Motion / Brief

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT filed. (er) (Entered: 06/01/2004)	May 19, 2004	May 19, 2004 Clearinghouse
2	Affidavit and Authorization for withdrawal from inmate account. (er) (Entered: 06/01/2004)	May 19, 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	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	June 22, 2004 Clearinghouse
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	June 22, 2004 PACER
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	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	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	June 25, 2004 Clearinghouse
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	June 25, 2004 PACER
9	MOTION by plaintiff for class certification with memorandum in support. (er) (Entered: 06/28/2004)	June 25, 2004	June 25, 2004 Clearinghouse
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	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	June 29, 2004 Clearinghouse
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	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	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	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	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	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	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	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	July 6, 2004 Clearinghouse
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	July 6, 2004 PACER
21	Notice of appearance for defendant Jacquelyn Barrett by Theodore Howard Lackland (er) (Entered: 07/08/2004)	July 7, 2004	July 7, 2004 Clearinghouse
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	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	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	July 7, 2004 Clearinghouse
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	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	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	July 8, 2004 Clearinghouse
28	THIRD-PARTY COMPLAINT by dft Jacquelyn Barrett against Jim Donald. (er) (Entered: 07/09/2004)	July 8, 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	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	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	July 9, 2004 PACER
32	Summons Issued as to 3rd/pty dft Georgia Department of Corrections. (er) (Entered: 07/15/2004)	July 9, 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	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	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	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	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	July 12, 2004 Clearinghouse
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	July 12, 2004 Clearinghouse
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	July 13, 2004 PACER

Case: Harper v. Bennett

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

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