Case: Georgia Public Defender Standards Council v. Freeman

1:05-cv-03286 | U.S. District Court for the Northern District of Georgia

Filed Date: Dec. 20, 2005

Clearinghouse coding complete

Case Summary

On December 20, 2005, the Georgia Public Defender Standards Council filed suit in the Superior Court of Fulton County Georgia to prevent the Fulton County Sheriff, Myron Freeman, from transferring inmates from the Fulton County Jail to distant locations. The case was removed by Sheriff Freeman from state court to the U.S. District Court for the Northern District of Georgia on December 27, 2005. Upon removal, the Freeman case was consolidated with Harper v . Bennett, et al, No . 04-CV-1416-MHS (…

On December 20, 2005, the Georgia Public Defender Standards Council filed suit in the Superior Court of Fulton County Georgia to prevent the Fulton County Sheriff, Myron Freeman, from transferring inmates from the Fulton County Jail to distant locations. The case was removed by Sheriff Freeman from state court to the U.S. District Court for the Northern District of Georgia on December 27, 2005. Upon removal, the Freeman case was consolidated with Harper v . Bennett, et al, No . 04-CV-1416-MHS (N.D. Ga . filed May 19, 2004) [JC-GA-23 of this collection]. In February 28, 2006, the District Court (Judge Marvin H. Shoob) entered a Consent Order limiting the distance and ability for transferring pre-trial detainees to other facilities. The Consent Order was to remain in effect during the term of the Harper Consent Order. [See JC-GA-23]. Upon entry of the Consent Order, the case was dismissed. Over in the Harper case, the relief lasted until 2015, at which time the case was finally terminated.

Summary Authors

Dan Dalton (2/6/2007)

Related Cases

Harper v. Bennett, Northern District of Georgia (2004)

People


Judge(s)

Shoob, Marvin Herman (Georgia)

Attorneys(s) for Plaintiff

Bracker, Julie K. (Georgia)

Greenberg, Carl (Georgia)

Hankins, Janet Willy (Georgia)

Mears, Michael (Georgia)

Pitts, Vernon (Georgia)

Remar, Robert B. (Georgia)

Smith, John Da Grosa (Georgia)

Wilkes, Karen S. (Georgia)

Attorneys(s) for Defendant

Lackland, Theodore Howard (Georgia)

Judge(s)

Shoob, Marvin Herman (Georgia)

Attorneys(s) for Plaintiff

Bracker, Julie K. (Georgia)

Greenberg, Carl (Georgia)

Hankins, Janet Willy (Georgia)

Mears, Michael (Georgia)

Pitts, Vernon (Georgia)

Remar, Robert B. (Georgia)

Smith, John Da Grosa (Georgia)

Wilkes, Karen S. (Georgia)

Attorneys(s) for Defendant

Lackland, Theodore Howard (Georgia)

Documents in the Clearinghouse

Document

1:05-cv-03286

Docket (PACER)

March 1, 2006

March 1, 2006

Docket
1-1

1:05-cv-03286

Defendant's Notice of Removal

Dec. 27, 2005

Dec. 27, 2005

Pleading / Motion / Brief
6

1:05-cv-03286

Consent Order

Feb. 28, 2006

Feb. 28, 2006

Settlement Agreement

Resources

Docket

Last updated June 9, 2022, 3:14 a.m.

ECF Number Description Date Link Date / Link
1

NOTICE OF REMOVAL with COMPLAINT. Consent form to proceed before U.S. Magistrate and pretrial instructions provided. (Filing fee $ 250 receipt number 545634), filed by Myron Freeman. (Attachments: # 1 Civil Cover Sheet)(er) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 12/28/2005)

Dec. 27, 2005

Dec. 27, 2005

2

ANSWER to Complaint (Notice of Removal) by Myron Freeman.(Lackland, Theodore) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 01/04/2006)

Jan. 4, 2006

Jan. 4, 2006

3

MOTION to Consolidate Cases with Brief In Support by Myron Freeman. (Attachments: # 1 Brief Memorandum of Law# 2 Affidavit Freeman Certification)(Lackland, Theodore) (Entered: 01/23/2006)

Jan. 23, 2006

Jan. 23, 2006

4

NOTICE of Appearance by Robert B. Remar on behalf of all plaintiffs (Remar, Robert) (Entered: 01/27/2006)

Jan. 27, 2006

Jan. 27, 2006

5

Letter to Janet Willy Hankins re: Local Rule 83.1 requirement. (adg) (Entered: 01/31/2006)

Jan. 30, 2006

Jan. 30, 2006

ORAL ORDER denying 3 Motion to Consolidate Cases . Stated in open court during hearing held this date in related case 1:04-cv-1416-MHS by Judge Marvin H. Shoob on 2/3/06. (jsr) (Entered: 02/07/2006)

Feb. 3, 2006

Feb. 3, 2006

6

CONSENT ORDER concerning fairness hearing held on February 3, 2006, in 1:04-cv-1416, stating steps to be taken involving transfer of prisoners. Signed by Judge Marvin H. Shoob on 2/27/06. (jsr) (Entered: 02/28/2006)

Feb. 28, 2006

Feb. 28, 2006

Civil Case Terminated. (er) (Entered: 03/01/2006)

Feb. 28, 2006

Feb. 28, 2006

7

Mail Returned as Undeliverable. Mail sent to Vernon S. Pitts,. Jr. re 6 Order (er) (Entered: 03/14/2006)

March 1, 2006

March 1, 2006

Case Details

State / Territory: Georgia

Case Type(s):

Jail Conditions

Key Dates

Filing Date: Dec. 20, 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The Georgia Public Defender Standards Council and inmates incarcerated in the Fulton County Jail awaiting trial and are represented by the Atlantic Circuit Public Defender Office and the Fulton County Conflict Defender

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: Unknown

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Fulton County Georgia (Fulton), County

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Availably Documents:

Trial Court Docket

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 - 2015

Issues

General:

Access to lawyers or judicial system

Type of Facility:

Government-run