Case: United States v. Terrell County (GA)

1:04-cv-00076 | U.S. District Court for the Middle District of Georgia

Filed Date: June 7, 2004

Closed Date: July 15, 2014

Clearinghouse coding complete

Case Summary

In 1994, the Civil Rights Division of the U.S. Department of Justice notified Terrell County, Georgia that it intended to investigate conditions in the county jail. In 1995, following the investigation, the DOJ notified the Chairman of the Terrell County Commission of its findings and made recommendations regarding staffing and supervision, grievance system, exercise, visitation, access to reading materials and religious services, medical and mental healthcare, dental care, suicide prevention,…

In 1994, the Civil Rights Division of the U.S. Department of Justice notified Terrell County, Georgia that it intended to investigate conditions in the county jail. In 1995, following the investigation, the DOJ notified the Chairman of the Terrell County Commission of its findings and made recommendations regarding staffing and supervision, grievance system, exercise, visitation, access to reading materials and religious services, medical and mental healthcare, dental care, suicide prevention, general sanitation, fire safety, plumbing, lighting, ventilation, overcrowding, and food services.

On June 7, 2004, the DOJ filed a lawsuit against Terrell County in the US District Court for the Middle District of Georgia. On September 30, 2006, Judge Sands granted the DOJ's motion for summary judgment. Judge Sands held that conditions at the Terrell County Jail were unconstitutional.

On December 21, 2007, Judge Sands rejected the defendants' proposed remedial plan in favor of the DOJ's proposed plan, with slight modification.

On December 14, 2010, Judge Sands granted the DOJ's motion to hold the defendants in civil contempt for violation of the court's remedial order and to stay the termination of the remedial order.

On October 17, 2011, Judge Sands approved a modified remedial order resolving the DOJ's motion to hold the defendants in contempt. The modified order removed substantive provisions of the remedial order that the defendants had attained substantial compliance with, but retained provisions related to the three remaining areas of significant concern: adequacy of staffing, medical and mental healthcare, and suicide prevention.

On July 15, 2014, Judge Sands terminated the modified order and dismissed the case upon the recommendation of the parties who agreed that the defendants had achieved compliance with most or all of the components of each provision and had maintained compliance for at least six months.

Summary Authors

Lauren Cutson (5/20/2005)

Jessica Kincaid (4/9/2015)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4849558/parties/united-states-v-terrell-county-ga/


Judge(s)

Sands, Willie Louis (Georgia)

Attorneys(s) for Plaintiff

Acosta, R. Alexander (District of Columbia)

Ashcroft, John (District of Columbia)

Brown Cutlar, Shanetta Y. (District of Columbia)

Cheng, Christopher N. (District of Columbia)

Collier, Edward Ross (Georgia)

Danley, Leonard Sr. (Georgia)

Dean, Kerry Krentler (District of Columbia)

Gregg, Tammie (District of Columbia)

Kappelhoff, Mark (District of Columbia)

Judge(s)

Sands, Willie Louis (Georgia)

Attorneys(s) for Plaintiff

Acosta, R. Alexander (District of Columbia)

Ashcroft, John (District of Columbia)

Brown Cutlar, Shanetta Y. (District of Columbia)

Cheng, Christopher N. (District of Columbia)

Collier, Edward Ross (Georgia)

Danley, Leonard Sr. (Georgia)

Dean, Kerry Krentler (District of Columbia)

Gregg, Tammie (District of Columbia)

Kappelhoff, Mark (District of Columbia)

Low, Daniel L. (District of Columbia)

Moore, Michael J. (Georgia)

Samuels, Jocelyn (District of Columbia)

Schneider, Todd J. (District of Columbia)

Subramanian, Sandhya L. (District of Columbia)

Trepel, Samantha Kay (District of Columbia)

Weiss, Daniel H. (District of Columbia)

Wood, Frank Maxwell (Georgia)

Other Attorney(s)

Austin, Roy L. (District of Columbia)

Jackson, Shelley (District of Columbia)

Patrick, Deval L. (District of Columbia)

Perez, Thomas E. (District of Columbia)

Smith, Jonathan Mark (District of Columbia)

Documents in the Clearinghouse

Document

1:04-cv-00076

Docket [PACER]

United States v. Terrell County

July 15, 2014

July 15, 2014

Docket

Findings Letter re: CRIPA Investigation of Terrell County Jail

CRIPA Investigation

No Court

June 1, 1995

June 1, 1995

Findings Letter/Report
1

1:04-cv-00076

Complaint

USA v. Terrell County

June 7, 2004

June 7, 2004

Complaint
63

1:04-cv-00076

Order

U.S. v. Terrell County, Georgia

457 F.Supp.2d 1359

Sept. 30, 2006

Sept. 30, 2006

Order/Opinion
82

1:04-cv-00076

Order

CRIPA Investigation, Terrell County (GA)

Dec. 21, 2007

Dec. 21, 2007

Order/Opinion
82-2

1:04-cv-00076

Proposed Order

CRIPA Investigation, Terrell County (GA)

Dec. 21, 2007

Dec. 21, 2007

Order/Opinion
98

1:04-cv-00076

Order

United States of America v. Terrell County, Georgia

Dec. 14, 2010

Dec. 14, 2010

Order/Opinion
114

1:04-cv-00076

Joint Motion for Entry of The modified Remedial Order

United States of America v. Terrell County

Oct. 13, 2011

Oct. 13, 2011

Pleading / Motion / Brief
115

1:04-cv-00076

Order for Entry of Modified Remedial Order

United States of America v. Terrell County

Oct. 17, 2011

Oct. 17, 2011

Order/Opinion
117

1:04-cv-00076

Parties' Joint Motion to Terminate Remedial Order and Modified Order and For Dismissal

U.S. v. Terrell County

July 11, 2014

July 11, 2014

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4849558/united-states-v-terrell-county-ga/

Last updated July 24, 2022, 3:17 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed; Service of Complaint due by 10/5/04 for Blake Vann, for Bob Rainey, for Lucius Holloway, for Larry Atherton Sr., for John W. Bowens, for Wilbur T. Gamble Jr., for Terrell County, GA (kme) (Entered: 06/08/2004)

June 7, 2004

June 7, 2004

Clearinghouse

Case referred to ARBITRATION (trh) (Entered: 06/14/2004)

June 14, 2004

June 14, 2004

2

WAIVER OF SERVICE returned executed as to Terrell County, GA 6/8/04 . Answer due on 8/9/04 for Terrell County, GA (kme) (Entered: 06/22/2004)

June 18, 2004

June 18, 2004

3

WAIVER OF SERVICE returned executed as to Wilbur T. Gamble Jr. 6/8/04. Answer due on 8/9/04 for Wilbur T. Gamble Jr. (kme) (Entered: 06/22/2004)

June 18, 2004

June 18, 2004

4

WAIVER OF SERVICE returned executed as to John W. Bowens 6/8/04 . Answer due on 8/9/04 for John W. Bowens (kme) (Entered: 06/22/2004)

June 18, 2004

June 18, 2004

5

WAIVER OF SERVICE returned executed as to Larry Atherton Sr. 6/8/04. Answer due on 8/9/04 for Larry Atherton Sr. (kme) (Entered: 06/22/2004)

June 18, 2004

June 18, 2004

6

WAIVER OF SERVICE returned executed as to Lucius Holloway 6/8/04 . Answer due on 8/9/04 for Lucius Holloway (kme) (Entered: 06/22/2004)

June 18, 2004

June 18, 2004

7

WAIVER OF SERVICE returned executed as to Bob Rainey 6/8/04. Answer due on 8/9/04 for Bob Rainey (kme) (Entered: 06/22/2004)

June 18, 2004

June 18, 2004

8

WAIVER OF SERVICE returned executed as to Blake Vann 6/8/04. Answer due on 8/9/04 for Blake Vann (kme) (Entered: 06/22/2004)

June 18, 2004

June 18, 2004

9

NOTICE of attorney appearance for United States by Todd J. Schneider (kme) (Entered: 07/29/2004)

July 22, 2004

July 22, 2004

10

ANSWER to Complaint by Terrell County, GA, Wilbur T. Gamble Jr., Larry Atherton Sr., Lucius Holloway, Bob Rainey, Blake Vann (Attorney Edward R. Collier) (kme) (Entered: 08/06/2004)

Aug. 6, 2004

Aug. 6, 2004

11

ANSWER to Complaint by John W. Bowens (Attorney Leonard Danley) (kme) (Entered: 08/11/2004)

Aug. 9, 2004

Aug. 9, 2004

12

RULES 16 AND 26 ORDER; proposed scheduling/discovery order due on 9/24/04 . ( signed by Judge W. L. Sands ) (kme) (Entered: 08/16/2004)

Aug. 16, 2004

Aug. 16, 2004

DEADLINE updated; Set Scheduling Conference for 3:30 on 10/5/04 in Albany (kme) (Entered: 08/16/2004)

Aug. 16, 2004

Aug. 16, 2004

13

ELECTION not to proceed before a Magistrate Judge by United States (kme) (Entered: 08/23/2004)

Aug. 23, 2004

Aug. 23, 2004

14

ELECTION not to proceed before a Magistrate Judge by Terrell County, GA, Wilbur T. Gamble Jr., Larry Atherton Sr., Lucius Holloway, Bob Rainey, Blake Vann (kme) (Entered: 08/23/2004)

Aug. 23, 2004

Aug. 23, 2004

ARBITRATION LETTER mailed. Parties to opt−out of arbitration by 9/27/04 (trh) (Entered: 08/30/2004)

Aug. 30, 2004

Aug. 30, 2004

Proposed Scheduling/Discovery Order Received (wks ) Modified on 2/22/2005 (wks, ). (This proposed order was docketed in wrong case when received due to document referencing incorrect case number). (Entered: 02/22/2005)

Sept. 17, 2004

Sept. 17, 2004

Case no longer referred to ARBITRATION. (trh) (Entered: 09/27/2004)

Sept. 27, 2004

Sept. 27, 2004

17

Minute Entry for proceedings held before Judge W. Louis Sands : Scheduling Conference held on 10/19/2004. (wks, ) (Entered: 11/01/2004)

Oct. 19, 2004

Oct. 19, 2004

16

NOTICE by United States of America (Cheng, Christopher) (Entered: 10/27/2004)

Oct. 27, 2004

Oct. 27, 2004

19

Scheduling/Discovery Order: Amended Pleadings due by 11/18/2004. Discovery to be complete by 4/5/2005. Dispositive Motions due by 5/5/2005.. Signed by Judge W. Louis Sands on 10/29/04. (Attachments: # 1 Certificate of Service)(wks, ) Additional attachment(s) added on 2/22/2005 (wks, ). (Entered: 11/04/2004)

Nov. 1, 2004

Nov. 1, 2004

18

Letter regarding alternative dispute resolution. (Attachments: # 1 Certificate of Service)(wks, ) (Entered: 11/02/2004)

Nov. 2, 2004

Nov. 2, 2004

20

Letter stating that defendant Bowens would be willing to enter into ADR. (bjl) (Entered: 11/09/2004)

Nov. 5, 2004

Nov. 5, 2004

21

STIPULATION by United States of America. (Schneider, Todd) (Entered: 12/10/2004)

Dec. 10, 2004

Dec. 10, 2004

22

MOTION to Stay Application of 20−20−20 Rule by United States of America filed by Todd J. Schneider. Response to Motion due by 2/3/2005 Reply to Response to Motion due by 2/22/2005. (Schneider, Todd) (Entered: 01/11/2005)

Jan. 11, 2005

Jan. 11, 2005

23

ORDER granting 22 Motion to Stay Application of 20−20−20 Rule. Accordingly, the USA shall have until and including 1/31/05 to file motion to compel, if any. Signed by Judge W. Louis Sands on 1/21/05. (wks, ) (Entered: 01/24/2005)

Jan. 24, 2005

Jan. 24, 2005

CERTIFICATE OF SERVICE − I certify that on this date I have mailed by United States Postal Service a copy of 23 Order on Motion to Stay including any attachments filed with this document to all non−CM/ECF participants as indicated on the Notice of Electronic Filing. By Wanda K. Sanders, Deputy Clerk. (wks, ) (Entered: 01/24/2005)

Jan. 24, 2005

Jan. 24, 2005

24

NOTICE by United States of America (Cheng, Christopher) (Entered: 01/28/2005)

Jan. 28, 2005

Jan. 28, 2005

25

NOTICE by United States of America (Cheng, Christopher) (Entered: 02/04/2005)

Feb. 4, 2005

Feb. 4, 2005

26

Minute Entry for proceedings held before Chief Judge W. Louis Sands : Telephone Conference held on 2/7/2005 to discuss discovery issue. (gpg) (Entered: 02/08/2005)

Feb. 8, 2005

Feb. 8, 2005

27

NOTICE by United States of America (Cheng, Christopher) (Entered: 02/14/2005)

Feb. 14, 2005

Feb. 14, 2005

28

NOTICE by United States of America (Cheng, Christopher) (Entered: 02/14/2005)

Feb. 14, 2005

Feb. 14, 2005

29

MOTION for Extension of Time to Complete Discovery by United States of America filed by Christopher Cheng. (Attachments: # 1 Text of Proposed Order Order to Extend Time)(Cheng, Christopher) (Entered: 03/04/2005)

March 4, 2005

March 4, 2005

30

MOTION for Extension of Time to Complete Discovery by United States of America filed by Christopher Cheng. (Attachments: # 1 Text of Proposed Order)(Cheng, Christopher) (Entered: 03/29/2005)

March 29, 2005

March 29, 2005

31

ORDER granting 30 Motion for Extension of Time to Complete Discovery Discovery to be complete by 8/5/2005. Dispositive Motions due by 9/5/2005. Signed by Judge W. Louis Sands on 4/4/2005. (wks, ) (Entered: 04/05/2005)

April 4, 2005

April 4, 2005

32

NOTICE of Attorney Appearance by Todd J. Schneider on behalf of United States of America (Schneider, Todd) (Entered: 04/19/2005)

April 19, 2005

April 19, 2005

33

ORDER granting 29 Motion for Extension of Time to Complete Discovery (For Additional Time to Produce Export Reports) Status Report for parties to advise the Court of the status of Defendant's document production due by 7/11/2005.. Signed by Judge W. Louis Sands on 5/6/05. (wks, ) (Entered: 05/09/2005)

May 9, 2005

May 9, 2005

CERTIFICATE OF SERVICE − I certify that on this date I have mailed by United States Postal Service a copy of 33 Order on Motion for Extension of Time to Complete Discovery, including any attachments filed with this document to all non−CM/ECF participants as indicated on the Notice of Electronic Filing. By Wanda K. Sanders, Deputy Clerk. (wks, ) (Entered: 05/09/2005)

May 9, 2005

May 9, 2005

34

NOTICE by United States of America (Cheng, Christopher) (Entered: 05/12/2005)

May 12, 2005

May 12, 2005

35

NOTICE by United States of America (Schneider, Todd) (Entered: 07/07/2005)

July 7, 2005

July 7, 2005

36

MOTION for Extension of Time to Complete Discovery by United States of America filed by Todd J. Schneider. (Attachments: # 1 Text of Proposed Order)(Schneider, Todd) (Entered: 07/07/2005)

July 7, 2005

July 7, 2005

37

ORDER granting 36 Motion for Extension of Time to Complete Discovery. Discovery to be complete by 10/5/2005. Dispositive Motions due by 11/5/2005. Tentative trial date is January or February 2006.. Signed by Judge W. Louis Sands on 7/8/05. (wks, ) (Entered: 07/08/2005)

July 8, 2005

July 8, 2005

38

STIPULATION by United States of America. (Cheng, Christopher) (Entered: 08/16/2005)

Aug. 16, 2005

Aug. 16, 2005

39

MOTION to Amend/Correct by United States of America filed by Todd J. Schneider. Response to Motion due by 9/26/2005 Reply to Response to Motion due by 10/12/2005. (Schneider, Todd) (Entered: 09/02/2005)

Sept. 2, 2005

Sept. 2, 2005

40

ORDER granting 39 Motion to Amend/Correct Discovery & Scheduling Order. Signed by Judge W. Louis Sands on 9/6/05. (wks ) (Entered: 09/07/2005)

Sept. 7, 2005

Sept. 7, 2005

41

MOTION for Extension of Time to Complete Discovery by United States of America filed by Todd J. Schneider. (Schneider, Todd) (Entered: 10/05/2005)

Oct. 5, 2005

Oct. 5, 2005

42

STIPULATION by United States of America. (Cheng, Christopher) (Entered: 10/28/2005)

Oct. 28, 2005

Oct. 28, 2005

43

ORDER granting 41 Motion for Extension of Time to Complete Discovery. Discovery to be complete by 10/11/2005; Dispositive Motions due by 11/14/2005 and Jury Trial set tentatively for January 2006. The Clerk is not authorized to grant any extensions to the above schedule for filing dispositive motions. Signed by Judge W. Louis Sands on 11/1/05. (Nunc pro tunc 10/5/05) (bjl ) (Entered: 11/02/2005)

Nov. 1, 2005

Nov. 1, 2005

44

MOTION for Leave to File Excess Pages for Motion for Summary Judgment by United States of America filed by Todd J. Schneider. (Schneider, Todd) (Entered: 11/07/2005)

Nov. 7, 2005

Nov. 7, 2005

45

ORDER granting 44 Motion for Leave to File Excess Pages . Signed by Judge W. Louis Sands on 11/8/05. (bjl) (Entered: 11/09/2005)

Nov. 9, 2005

Nov. 9, 2005

46

MOTION for Summary Judgment by United States of America filed by Todd J. Schneider. Response to Motion due by 12/7/2005 Reply to Response to Motion due by 12/27/2005. (Attachments: # 1 Memorandum of Law# 2 Statement of Undisputed Material Facts# 3 Exhibit Notice Regarding Exhibit Attachments)(Schneider, Todd) (Additional attachment(s) added on 8/11/2014: # 4 Exhibit List, # 5 Exhibit 1 − Declaration of William H. Kerbin, # 6 Exhibit 2 − Parties Stipulation, # 7 Exhibit A − Answer, # 8 Exhibit B − Answer, # 9 Exhibit C Part 1 − Deposition of Wilbur T. gamble, # 10 Exhibit C Part 2 − Deposition of Wilbur T. Gamble, # 11 Exhibit C Part 3 − Deposition of Wilbur T. Gamble, # 12 Exhibit C Part 4 − Deposition of Wilbur T. Gamble, # 13 Exhibit C Part 5 − Deposition of Wilbur T. Gamble, # 14 Exhibit C Part 6 − Deposition of Wilbur T. Gamble) (bcl). (Additional attachment(s) added on 8/11/2014: # 15 Exhibit D Part 1 − Deposition of Sheriff John Bowens, # 16 Exhibit D Part 2 − Deposition of Sheriff John Bowens, # 17 Exhibit D Part 3 − Deposition of Sheriff John Bowens, # 18 Exhibit D Part 4 − Deposition of Sheriff John Bowens, # 19 Exhibit D Part 5 − Deposition of Sheriff John Bowens, # 20 Cover Letter D Part 6 − Deposition of Sheriff John Bowens, # 21 Exhibit E − Amended Answers to REquests for Admissions, # 22 Exhibit F − Response to Plaintiff's Request for Admission, # 23 Exhibit G − Deposition of John Southern (Excerpts)) (bcl). (Additional attachment(s) added on 8/11/2014: # 24 Exhibit H Part 1 − Deposition of Willie Hood, # 25 Exhibit H Part 2 − Deposition of Willie Hood, # 26 Exhibit H Part 3 − Deposition of Willie Hood, # 27 Exhibit H Part 4 − Deposition of Willie Hood, # 28 Exhibit H Part 5 − Deposition of Willie Hood, # 29 Exhibit H Part 6 − Deposition of Willie Hood, # 30 Deposition of Charlotte Law, # 36 Exhibit J Part 2 − Deposition of Charlotte Law, # 37 Exhibit J Part 3 − Deposition of Charlotte Law, # 38 Exhibit K Part 1 − Deposition of Sandra Walker, # 39 Exhibit K Part 2 − Deposition of Sandra Walker, # 40 Exhibit K Part 3 − Deposition of Sandra Walker) (bcl). (Additional attachment(s) added on 8/12/2014: # 41 Exhibit L Part 1 − Declaration of Dr. Robert Greifinger, # 42 Exhibit L Part 2 − Declaration of Dr. Robert Greifinger, # 43 Exhibit L Part 3 − Declaration of Dr. Robert Greifinger, # 44 Exhibit L Part 4 − Declaration of Dr. Robert Greifinger, # 45 Exhibit L Part 5 − Declaration of Dr. Robert Greifinger, # 46 Exhibit L Part 6 − Declaration of Dr. Robert Greifinger, # 47 Exhibit L Part 7 − Declaration of Dr. Robert Greifinger) (bcl). Modified on 8/12/2014 (bcl). (Additional attachment(s) added on 8/12/2014: # 48 Exhibit L Part 8 − Declaration of Dr. Robert Greifinger, # 49 Exhibit L Part 9 − Declaration of Dr. Robert Greifinger, # 50 Exhibit L Part 10 − Declaration of Dr. Robert Greifinger) (bcl). (Additional attachment(s) added on 8/12/2014: # 51 Exhibit M − Deposition of Jailer Calvin Buchanan (excerpts), # 52 Envelope N Part 1 − Declaration of Steve Martin, # 53 Exhibit N Part 2 − Declaration of Steve Martin, # 54 Exhibit N Part 3 − Declaration of Steve Martin, # 55 Exhibit N Part 4 − Declaration of Steve Martin, # 56 Exhibit O − Deposition of Jailer Sandra Mitchell (excerpts), # 57 Exhibit P − Deposition of EMS Director James Hamby, # 58 Exhibit Q − Deposition of Jailer Brenda Dale (excerpts), # 59 Exhibit R Part 1 − Declaration of Leonard Rice, # 60 Envelope R Part 2 −Declaration of Leonard Rice, # 61 Exhibit R Part 3 − Declaration of Leonard Rice, # 62 Exhibit R Part 4 − Declaration of Leonard Rice) (bcl). (Additional attachment(s) added on 8/13/2014: # 63 Exhibit S Part 1 − Declaration of Wayne Carson, # 64 Exhibit S Part 2 − Declaration of Wayne Carson, # 65 Exhibit S Part 3 − Declaration of Wayne Carson, # 66 Exhibit T − Deposition of Jailer Annie Ruth Laster (excerpts), # 67 Exhibit U − Deposition of Jailer Clifford Johnson (excerpts), # 68 Exhibit V − Deposition of Jailer Catherine Minter, # 69 Exhibit W − Deposition of Helen Price, # 70 Exhibit X − Deposition of ELizabeth Brimberry (excerpts), # 71 Exhibit Y − Deposition of Jailer Iri Pittman (excerpts), # 72 Exhibit Z − Deposition of Dr. Miles Ellis (excerpts)) (bcl). (Additional attachment(s) added on 8/13/2014: # 73 Exhibit AA − Deposition of Julie Oliver (excerpts), # 74 Exhibit BB − Deposition of Jailer Leila Murphy, # 75 Exhibit CC − Deposition of Jailer Lillian Tooley (excerpts), # 76 Exhibit DD Part 1 − United States' Correspondence and Expert Reports, # 77 Exhibit DD Part 2 − United States' Correspondence and Expert Reports, # 78 Exhibit DD Part 3 − United States' Correspondence and Expert Reports, # 79 Exhibit EE − List of Referenced Inmates, # 80 Exhibit FF − Official Certifications for all Deposition Transcripts) (bcl). (Entered: 11/14/2005)

Nov. 14, 2005

Nov. 14, 2005

47

MOTION to Seal by United States of America filed by Todd J. Schneider. Response to Motion due by 12/7/2005 Reply to Response to Motion due by 12/27/2005. (Schneider, Todd) (Entered: 11/14/2005)

Nov. 14, 2005

Nov. 14, 2005

48

NOTICE of Attorney Appearance by Christopher Cheng on behalf of United States of America (Cheng, Christopher) (Entered: 11/14/2005)

Nov. 14, 2005

Nov. 14, 2005

49

ORDER granting 47 Motion to Seal Exhibits. Signed by Judge W. Louis Sands on 11/22/05. (wks ) (Entered: 11/23/2005)

Nov. 22, 2005

Nov. 22, 2005

50

MOTION for Extension of Time to File Defendant John Bowens and Terrell County Commissioners Response to Plaintiff's Motion for Summary Judgment and Time for Plaintiff to Reply Thereto by John W. Bowens filed by Leonard Danley. (Danley, Leonard) (Entered: 11/29/2005)

Nov. 29, 2005

Nov. 29, 2005

51

ORDER granting re 50 MOTION for Extension of Time to File Defendant John Bowens and Terrell County Commissioners Response to Plaintiff's Motion for Summary Judgment and Time for Plaintiff to Reply Thereto. Response to Motion due by 1/4/2006. Reply to Response to Motion due by 1/24/2006.Signed by Judge W. Louis Sands on 12/5/05. (wks ) (Entered: 12/07/2005)

Dec. 6, 2005

Dec. 6, 2005

52

RESPONSE filed by Terrell County, Georgia, Wilbur T. Gamble, Jr, Larry Atherton, Sr, Lucius Holloway, Bob Rainey, Blake Vann re 46 MOTION for Summary

Jan. 4, 2006

Jan. 4, 2006

54

RESPONSE filed by John W. Bowens re 46 MOTION for Summary Judgment (Attachments: # 1 # 2)(Danley, Leonard) (Entered: 01/09/2006)

Jan. 9, 2006

Jan. 9, 2006

55

ORDER granting 53 Motion for Extension of Time to File Response/Reply re 46 MOTION for Summary Judgment. Response to Motion due by 1/9/2006. Reply to Response to Motion due by 1/30/2006. Signed by Judge W. Louis Sands on 1/10/06 nunc pro tunc 1/9/06. (bjl ) (Entered: 01/10/2006)

Jan. 10, 2006

Jan. 10, 2006

56

REPLY to Response filed by United States of America re 46 MOTION for Summary Judgment (Attachments: # 1)(Cheng, Christopher) (Entered: 01/23/2006)

Jan. 23, 2006

Jan. 23, 2006

57

REPLY to Response filed by United States of America re 46 MOTION for Summary Judgment (Cheng, Christopher) (Entered: 01/23/2006)

Jan. 23, 2006

Jan. 23, 2006

58

AFFIDAVIT in Opposition filed by John W. Bowens re 46 MOTION for Summary Judgment (Danley, Leonard) (Entered: 01/25/2006)

Jan. 25, 2006

Jan. 25, 2006

59

Notice of Error in Filing (related document(s): 58 Affidavit in Opposition to Motion filed by John W. Bowens ). (wks ) (Entered: 01/26/2006)

Jan. 26, 2006

Jan. 26, 2006

60

MOTION for Leave to File Affidavit and Exhibit to Defendant John Bowens Response to Plaintiff's Motion for Summary Judgment by John W. Bowens filed by Leonard Danley. Response to Motion due by 2/27/2006. Reply to Response to Motion due by 3/15/2006. (Attachments: # 1 Affidavit Affidavit of John Wesley Bowens# 2 Exhibit December 12, 2005 Policy)(Danley, Leonard) (Entered: 02/03/2006)

Feb. 3, 2006

Feb. 3, 2006

61

RESPONSE filed by United States of America re 60 MOTION for Leave to File Affidavit and Exhibit to Defendant John Bowens Response to Plaintiff's Motion for Summary Judgment (Attachments: # 1 Exhibit U.S. Request for Production of Documents# 2 Exhibit Sheriff Letter)(Schneider, Todd) (Entered: 02/15/2006)

Feb. 15, 2006

Feb. 15, 2006

62

ORDER denying 60 Motion for Leave to File . Signed by Judge W. Louis Sands on 7/12/06. (wks ) (Entered: 07/13/2006)

July 12, 2006

July 12, 2006

64

Letter regarding scheduling. (Cheng, Christopher) (Entered: 02/20/2007)

Feb. 20, 2007

Feb. 20, 2007

65

ORDER directing parties to file simultaneous briefs on all appropriate remedial issues by 4/2/07; reply briefs to be filed by 4/23/07. Ordered by Judge W. Louis Sands on 2/26/07. (jbk, ) (Entered: 02/26/2007)

Feb. 26, 2007

Feb. 26, 2007

66

Letter from Christopher N. Cheng dated 2/20/07 re scheduling in the case. (jbk, ) (Entered: 03/01/2007)

Feb. 26, 2007

Feb. 26, 2007

67

BRIEF filed by United States of America re 65 Order. (Attachments: # 1 Text of Proposed Order # 2 Certificate of Service)(Cheng, Christopher) (Entered: 04/02/2007)

April 2, 2007

April 2, 2007

68

NOTICE Withdrawal of Counsel Todd Schneider by United States of America (Cheng, Christopher) (Entered: 04/02/2007)

April 2, 2007

April 2, 2007

69

BRIEF Defendant Terrell County, Georgia's Brief Concerning Remedial Issues filed by Terrell County, Georgia re 65 Order. (Collier, Edward) (Entered: 04/02/2007)

April 2, 2007

April 2, 2007

70

ORDER approving 68 Notice of Withdrawal of Counsel of Todd Schneider filed by United States of America, . Ordered by Judge W. Louis Sands on 4/5/07. (jbk, ) (Entered: 04/05/2007)

April 5, 2007

April 5, 2007

71

BRIEF in Reply to County Brief filed by United States of America re 69 Brief. (Attachments: # 1 Certificate of Service)(Cheng, Christopher) (Entered: 04/23/2007)

April 23, 2007

April 23, 2007

72

MOTION for Extension of Time to File Response to the Court's February 26, 2007 Order. by John W. Bowens filed by Leonard Danley. (Danley, Leonard) (Entered: 08/02/2007)

Aug. 2, 2007

Aug. 2, 2007

74

ORDER granting 72 Motion to Allow Defendant Bowens to Respond to the Court's February 26, 2007 Order Out of Time; opposing counsel to file reply by 8/17/07. Ordered by Judge W. Louis Sands on 8/6/07. (jbk) (Entered: 08/06/2007)

Aug. 6, 2007

Aug. 6, 2007

75

Letter regarding Order of August 6, 2007 (Danley, Leonard) (Entered: 08/07/2007)

Aug. 7, 2007

Aug. 7, 2007

76

RESPONSE filed by United States of America re 72 MOTION for Extension of Time to File Response to the Court's February 26, 2007 Order. (Attachments: # 1 Exhibit A)(Cheng, Christopher) (Entered: 08/07/2007)

Aug. 7, 2007

Aug. 7, 2007

77

Notice of Error in Filing (related document(s): 76 Response to Motion filed by United States of America ). (wks) (Entered: 08/08/2007)

Aug. 8, 2007

Aug. 8, 2007

78

RESPONSE filed by United States of America re 72 MOTION for Extension of Time to File Response to the Court's February 26, 2007 Order. (Attachments: # 1 Certificate of Service (corrected filing)# 2 Exhibit A)(Cheng, Christopher) (Entered: 08/08/2007)

Aug. 8, 2007

Aug. 8, 2007

79

AMENDED ORDER that Defendant Bowen's Amended Motion for relief is granted; said relief as granted in the Court's previous order remains in full force and effect re 74 Order on Motion for Extension of Time (Misc), 75 Letter [Amended Motion]. Ordered by Judge W. Louis Sands on 8/27/07. (jbk) (Entered: 08/27/2007)

Aug. 27, 2007

Aug. 27, 2007

80

Letter regarding status conference (Cheng, Christopher) (Entered: 11/26/2007)

Nov. 26, 2007

Nov. 26, 2007

81

Letter from Attorney Cheng requesting telephone conference (wks) (Entered: 11/30/2007)

Nov. 29, 2007

Nov. 29, 2007

82

ORDER regarding remedial issues. Ordered by Judge W. Louis Sands on 12/21/07. (Attachments: # 1 (Proposed) Order)(wks) (Entered: 12/24/2007)

Dec. 21, 2007

Dec. 21, 2007

Clearinghouse
83

ORDER that the captioned case be administratively closed until further order of the court. Ordered by Judge W. Louis Sands on 9/23/08. (wks) (Entered: 09/24/2008)

Sept. 23, 2008

Sept. 23, 2008

84

MOTION to Amend/Correct 82 Order by Terrell County, Georgia filed by Edward R. Collier.(Collier, Edward) (Entered: 04/16/2009)

April 16, 2009

April 16, 2009

85

RESPONSE filed by United States of America re 84 MOTION to Amend/Correct 82 Order (Cheng, Christopher) (Entered: 04/28/2009)

April 28, 2009

April 28, 2009

86

RESPONSE filed by John W. Bowens re 84 MOTION to Amend/Correct 82 Order (Danley, Leonard) (Entered: 05/01/2009)

May 1, 2009

May 1, 2009

87

NOTICE of Hearing on Motion 84 MOTION to Amend/Correct 82 Order : Motion Hearing set for 6/17/2009 10:30 AM in Albany before Judge W. Louis Sands. (jbk) (Entered: 05/13/2009)

May 13, 2009

May 13, 2009

88

Minute Entry for proceedings held before Judge W. Louis Sands: Motion Hearing [via telephone] held on 6/17/2009 re 84 MOTION to Amend/Correct 82 Order filed by Terrell County, Georgia (jbk) (Entered: 06/17/2009)

June 17, 2009

June 17, 2009

89

ORDER granting−in−part 84 Motion to Amend/CorrectOrdered by Judge W. Louis Sands on 6/25/09 (wks) (Entered: 06/26/2009)

June 26, 2009

June 26, 2009

90

MOTION to Amend/Correct by Terrell County, Georgia filed by Edward R. Collier.(Collier, Edward) (Entered: 07/15/2009)

July 15, 2009

July 15, 2009

91

RESPONSE filed by United States of America re 90 MOTION to Amend/Correct (Attachments: # 1 Exhibit A: 10−22−08 Compliance Letter, # 2 Exhibit B: 7−2−09 Compliance Letter)(Dean, Kerry) (Entered: 07/21/2009)

July 21, 2009

July 21, 2009

92

Letter regarding Schedule a phone conference (Collier, Edward) (Entered: 08/13/2009)

Aug. 13, 2009

Aug. 13, 2009

93

ORDER granting 90 Motion to Amend/Correct. Ordered by Judge W. Louis Sands on 10/26/09, nunc pro tunc 7/15/2009. (wks) (Entered: 10/26/2009)

Oct. 26, 2009

Oct. 26, 2009

94

NOTICE of Attorney Appearance by Samantha Trepel on behalf of United States of America (Trepel, Samantha) (Entered: 11/24/2009)

Nov. 24, 2009

Nov. 24, 2009

96

Letter from Clerk's Office regarding Leave of Absence to Attorney Leonard Danley. (bcl) (Entered: 04/06/2010)

April 6, 2010

April 6, 2010

97

MOTION Civil contempt and stay re 82 Order by United States of America filed by Samantha Trepel. (Attachments: # 1 Memorandum in Support, # 2 Exhibit Exhibit A, # 3 Exhibit Exhibit B, # 4 Exhibit Exhibit C, # 5 Exhibit Exhibit D, # 6 Exhibit Exhibit E, # 7 Exhibit Exhibit F, # 8 Exhibit Exhibit G, # 9 Exhibit Exhibit H, # 10 Exhibit Exhibit I)(Trepel, Samantha) (Entered: 12/09/2010)

Dec. 9, 2010

Dec. 9, 2010

98

ORDER staying the termination of the Court's Remedial Order of December 21, 2007 pending resolution of the substantive civil contempt motion found in 97 MOTION Civil contempt and stay re 82 Order, filed by United States of America. Ordered by Judge W. Louis Sands on 12/14/2010. (bcl) (Entered: 12/14/2010)

Dec. 14, 2010

Dec. 14, 2010

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Case Details

State / Territory: Georgia

Case Type(s):

Jail Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: June 7, 2004

Closing Date: July 15, 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

United States Department of Justice

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Terrell County Jail (Terrell), County

Case Details

Causes of Action:

Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq.

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: 2007 - 2014

Content of Injunction:

Monitoring

Issues

General:

Counseling

Disciplinary procedures

Fire safety

Food service / nutrition / hydration

Library (non-law) access

Recreation / Exercise

Religious programs / policies

Sanitation / living conditions

Staff (number, training, qualifications, wages)

Suicide prevention

Visiting

Crowding:

Crowding / caseload

Medical/Mental Health:

Dental care

Medical care, general

Mental health care, general

Suicide prevention