Case: Dougan v. Singletary

3:81-cv-00011 | U.S. District Court for the Middle District of Florida

Filed Date: Jan. 7, 1981

Closed Date: Jan. 21, 1999

Clearinghouse coding complete

Case Summary

Seeking more outdoor exercise, Florida death row inmates filed a class action lawsuit in 1981 against prison officials. A class was certified, and in 1983, the district court approved a consent decree providing for two two-hour exercise sessions per week, weather permitting. Several years later, the court found the prison officials in contempt for violating the decree and entered a detailed remedial order that left prison officials less discretion in determining when inmates could exercise. The…

Seeking more outdoor exercise, Florida death row inmates filed a class action lawsuit in 1981 against prison officials. A class was certified, and in 1983, the district court approved a consent decree providing for two two-hour exercise sessions per week, weather permitting. Several years later, the court found the prison officials in contempt for violating the decree and entered a detailed remedial order that left prison officials less discretion in determining when inmates could exercise. The prison officials appealed, contending that the remedial order went too far.

While that appeal was pending, the Prison Litigation Reform Act (PLRA) was enacted, which requires a court to terminate prospective relief on defendants' motion under certain conditions. 18 USC 3626. Prison officials filed a motion to terminate the consent decree. The district court denied the motion, finding the termination provision of the PLRA unconstitutional. Prison officials appealed. In a per curiam opinion, the 11th Circuit Court of Appeals held that the termination provision of the PLRA was not unconstitutional and vacated the lower court's order. Dougan v. Singletary, 129 F.3d 1424 (11th Cir. 1997). A subsequent petition for a writ of certiorari was denied, Dougan v. Singletary, 524 U.S. 956 (1998) as was a subsequent motion for rehearing. Dougan v. Singletary, 524 U.S. 971 (1998).

On January 21, 1999, the district court (Judge William T. Hodges) vacated the consent decree and dismissed the case, though several motions for attorneys fees were litigated until the parties settled in May 2000.

Summary Authors

Denise Lieberman (10/23/2005)

People


Judge(s)

Clark, Thomas Alonzo (Georgia)

Cox, Emmett Ripley (Alabama)

Hodges, William Terrell (Florida)

Attorney for Plaintiff
Attorney for Defendant

Belitzky, Joe (Florida)

McCoy, Charlie (Florida)

Documents in the Clearinghouse

Documents in this case

3:81-cv-00011

Docket (PACER)

Dougan v. Strickland

Jan. 12, 2004

Jan. 12, 2004

Docket

93-02008

Reported Opinion

U.S. Court of Appeals for the Eleventh Circuit

Dec. 1, 1997

Dec. 1, 1997

Order/Opinion

129 F.3d 1424

97-08120

Memorandum Decision

Supreme Court of the United States

June 26, 1998

June 26, 1998

Order/Opinion

524 U.S. 956

97-08120

Memorandum Decision

Supreme Court of the United States

Aug. 12, 1998

Aug. 12, 1998

Order/Opinion

524 U.S. 971

Docket

Last updated March 26, 2025, 9:22 a.m.

ECF Number Date Description Link
Nov. 9, 1983

CASE CLOSED. (evs) Modified on 08/13/1998 (Entered: 11/29/1993)

PACER
Jan. 3, 1993

SEE MANUAL DOCKET for entries prior to this date and for non- motion entries from this date through 11/24/93 (spw) (Entered: 02/23/1994)

PACER
212 Jan. 4, 1993

MOTION by Jacob J. Dougan (plaintiff) for attorney fees and costs (evs) Modified on 08/13/1998 (Entered: 01/10/1994)

PACER
Jan. 4, 1993

MAGISTRATE JUDGE CASE ASSIGNMENT to Magis. Judge Howard T. Snyder (evs) Modified on 02/23/1994 (Entered: 01/10/1994)

PACER
216 Jan. 25, 1993

MEMORANDUM by Harry K. Singletary Jr., Clayton G. Strickland in opposition to [212] motion for attorney fees (spw) Modified on 08/13/1998 (Entered: 02/23/1994)

PACER
244 May 18, 1993

REPLY by Jacob J. Dougan to response to [212-1] motion for attorney fees (spw) Modified on 08/13/1998 (Entered: 02/23/1994)

PACER
June 8, 1993

Motion(s) referred: [212-1] motion for attorney fees referred to Magis. Judge Howard T. Snyder (evs) Modified on 08/13/1998 (Entered: 01/10/1994)

PACER
251 June 17, 1993

SECOND SUPPLEMENT to motion [212] for reasonable attorney's fees and costs, by Jacob J. Dougan (spw) Modified on 08/13/1998 (Entered: 02/23/1994)

PACER
262 Sept. 27, 1993

RESPONSE by Harry K. Singletary Jr., Clayton G. Strickland in opposition to [212-1] motion for attorney fees and costs and NOTIFICATION of filing affidavit (spw) Modified on 08/13/1998 (Entered: 02/23/1994)

PACER
265 Nov. 8, 1993

SPECIFICATION of items by Harry K. Singletary Jr., Clayton G. Strickland in opposition to [212-1] motion for attorney fees and NOTIFICATION of filing exhibit (with exhibit A attached) (spw) Modified on 08/13/1998 (Entered: 02/23/1994)

PACER
267 Nov. 24, 1993

REPLY by Jacob J. Dougan to specifications of items in opposition to [212-1] motion for attorney fees (spw) Modified on 08/13/1998 (Entered: 02/23/1994)

PACER
Dec. 16, 1993

Copy of petition provided to Federal Public Defender's Office. (spw) Modified on 08/13/1998 (Entered: 12/16/1993)

PACER
268 Feb. 14, 1994

ORDER: Plaintiffs shall, within 5 days file sworn affidavits or other evidence concerning the referenced attorneys' skill, experience, reputation and past fees, if any, from similar litigation. The nature and difficulty of the work performed should also be addressed. ( Signed by Magis. Judge Howard T. Snyder ) ctc (evs) Modified on 08/13/1998 (Entered: 02/14/1994)

PACER
269 Feb. 22, 1994

RESPONSE by plaintiff Jacob J. Dougan to [268-1] 2/14/94 order (jsf) Modified on 08/13/1998 (Entered: 02/22/1994)

PACER
270 Feb. 23, 1994

SUPPLEMENT to plaintiffs' [269-1] response to 2/14/94 order, by Jacob J. Dougan. (evs) Modified on 08/13/1998 (Entered: 02/23/1994)

PACER
271 March 2, 1994

ORDER directing the return of discovery materials. ( Signed by Magis. Judge Howard T. Snyder ) (ctc) (evs) Modified on 08/13/1998 (Entered: 03/02/1994)

PACER
272 March 2, 1994

REPORT AND RECOMMENDATIONS of Magis. Judge Howard T. Snyder Re: [212-1] motion for attorney fees ; Motion no longer referred Objections to R and R due by 3/16/94 ctc (evs) Modified on 08/13/1998 (Entered: 03/02/1994)

PACER
273 March 23, 1994

ORDER granting [212-1] motion for attorney fees to the extent that Plaintiffs are entitled to $34,070.00 for attorney's fees and the Clerk is directed to enter judmgent in favor of the plaintiffs and against the defendants in that amount. In all other respects, the motion is denied. (signed Signed by Judge Wm. T. Hodges ) ctc MFR Number 125/1463 (pmc) Modified on 08/13/1998 (Entered: 03/23/1994)

PACER
274 March 23, 1994

JUDGMENT in a Civil Case. Judgment is entered in favor of the plaintiffs and against the defendants in the amount of $34,070.00 for attorney's fees. ( Signed by deputy clerk for Judge Wm. T. Hodges ) MFR Number 125/1462 ctc (pmc) Modified on 08/13/1998 (Entered: 03/23/1994)

PACER
275 March 24, 1994

OBJECTIONS by Harry K. Singletary Jr., and Clayton G. Strickland to [272-1] report and recommendations (pmc) Modified on 08/13/1998 (Entered: 03/25/1994)

PACER
March 25, 1994

Order and Judgment sent to Ronald Woods returned with notation unclaimed. (pmc) (Entered: 03/25/1994)

PACER
April 4, 1994

Certificate of readiness with certified copies of indexed District Court docket sheet sent to USCA. (pmc) (Entered: 04/04/1994)

PACER
May 19, 1994

Transmitted record on appeal to USCA. [0-0] appeal (Transmittal includes: 6 Vol. of Pleadings; 2 Vol. of Transcripts.) (pmc) (Entered: 05/19/1994)

PACER
276 July 29, 1994

JUDGMENT OF USCA (certified copy) denying in forma pauperis as to appeal no. 93-2548 [16-1] MFR Number 126/1888 Mandate date: 07/25/94 USCA EOD: 07/25/94. Signed by Tjoflat. (dgj) Modified on 08/13/1998 (Entered: 08/05/1994)

PACER
Aug. 16, 1994

Record on appeal returned from USCA: ( 6 Vol. Pleadings; 2 Vol. Transcripts.) (dgj) Modified on 08/13/1998 (Entered: 08/19/1994)

PACER
Aug. 30, 1994

Transmitted record on appeal to USCA. (Transmittal includes: 6 Vol. of Pleadings; 2 Vol. of Transcripts.) (dgj) (Entered: 08/30/1994)

PACER
Aug. 4, 1995

INQUIRY from James Duckett for copy of docket entries as of 1/24/93 forward. Clerk notified James Duckett of $1.50 charge. (jsf) Modified on 08/04/1995 (Entered: 08/04/1995)

PACER
May 20, 1996

Inquiry from Jason D. Walton inquiring as to what action has been taken since May l993. Letter advising Mr. Walton the docket entries since that date will be $1.50 (pmc) (Entered: 05/20/1996)

PACER
278 Sept. 20, 1996

Appeal Order: Appellees' motion for oral argument on Appellants "motion to vacate consent decree..." is denied. Appellees motion to strike Appellants' "motion to vacate consent decree..." is denied. (Signed by U.S. Circuit Judge Emmett R. Cox.) (dgj) Modified on 08/13/1998 (Entered: 09/20/1996)

PACER
279 Sept. 20, 1996

LIMITED REMAND OF USCA (certified copy) Before Cox, Clark, and Wood. BY THE COURT: The appellants' alternative motion to remand to the district court is GRANTED to the following extent: the following motions are referred to the district court: (a) appellants' motion to vacate consent decree and to dismiss motion to stay operation of 18:;3626(2) (A). This case is REMANDED to the district court for limited purpose of enabling that court to address and determine these motions. We retain jurisdiction of the appeal. (dgj) Modified on 08/13/1998 (Entered: 09/20/1996)

PACER
280 Oct. 2, 1996

APPELLEES' MOTION by Harry K. Singletary Jr., Clayton G. Strickland to vacate consent decree , and to dismiss contempt proceedings as moot , or in the alternative to remand case to the District Court for further consideration consistent with this court's order vacating consent decree (document originally filed in 11th Circuit 8/14/96) (jsf) Modified on 08/13/1998 (Entered: 10/04/1996)

PACER
281 Oct. 2, 1996

MEMORANDUM by Jacob J. Dougan in opposition to defendants' [280- 1] motion to vacate consent decree, [280-2] motion to dismiss contempt proceedings as moot, [280-3] motion to remand case to the District Court. (document originally filed in 11th Circuit 8/30/96) (jsf) Modified on 08/13/1998 (Entered: 10/04/1996)

PACER
282 Oct. 2, 1996

EMERGENCY MOTION by Jacob J. Dougan to stay operation of 18 U.S.C. Sec. 3626(e)(2)(A) (action required before 9/13/96) (emergency) . (document originally filed in 11th Circuit 8/30/96) (jsf) Modified on 08/13/1998 (Entered: 10/04/1996)

PACER
283 Oct. 2, 1996

MOTION by Harry K. Singletary Jr., Clayton G. Strickland for opportunity to respond (jsf) Modified on 08/13/1998 (Entered: 10/04/1996)

PACER
285 Oct. 4, 1996

ORDER granting defendants' [283-1] motion for opportunity to respond, defendants' response to emergency motion reset to 10/15/96 for [282-1] motion to stay operation of 18 U.S.C. Sec. 3626(e)(2)(A) ( Signed by Judge Wm. T. Hodges ) ctc (jsf) Modified on 08/13/1998 (Entered: 10/04/1996)

PACER
Oct. 11, 1996

RECEIVED plaintiff's copy of order #285; forwarding time expired (acp) Modified on 08/13/1998 (Entered: 10/11/1996)

PACER
286 Oct. 16, 1996

MOTION by William Vanpoyck to vacate consent decree (filed in 1983) (acp) Modified on 08/13/1998 (Entered: 10/16/1996)

PACER
287 Oct. 25, 1996

MOTION by Harry K. Singletary Jr., Clayton G. Strickland to extend time to respond to plaintiff's challenge to the constitutionality of the PLRA (acp) Modified on 08/13/1998 (Entered: 10/25/1996)

PACER
Nov. 15, 1996

NOTICE of change of address (acp) Modified on 08/13/1998 (Entered: 11/15/1996)

PACER
Nov. 22, 1996

CLERK mailed certified docket sheet to USCA per their request. (dgj) (Entered: 11/22/1996)

PACER
288 Dec. 9, 1996

NOTICE of supplemental authority by Jacob J. Dougan (acp) Modified on 08/13/1998 (Entered: 12/11/1996)

PACER
289 Dec. 12, 1996

SECOND NOTICE of supplemental authority by Jacob J. Dougan (acp) Modified on 08/13/1998 (Entered: 12/12/1996)

PACER
290 Dec. 24, 1996

THIRD NOTICE of supplemental authority by Jacob J. Dougan (mk) Modified on 08/13/1998 (Entered: 12/27/1996)

PACER
Feb. 3, 1997

Received request for record on appeal from USCA. Can not transmit record at this time, there are motions pendings. Transmitted certified updated docket sheet. (dgj) (Entered: 02/03/1997)

PACER
Feb. 19, 1997

RECEIVED request for document copies, clerk responded (acp) (Entered: 02/19/1997)

PACER
291 March 24, 1997

ORDER granting [282-1] emergency motion to stay operation of 18 U.S.C. Sec. 3626(e)(2)(A) and defendants are preliminarily enjoined from violating the provisions of the [210-1} 12/3/92 remedial order insofar as they have not been stayed by the court's [243-1] order of 5/12/93, the injunciton shall become effective upon the filing of $1.00 in security with the clerk. Defendant's must file reply to the response to the motion to vacate the consent decree. ( Signed by Judge Wm. T. Hodges ) ctc (acp) Modified on 08/13/1998 (Entered: 03/24/1997)

PACER
March 26, 1997

FILING FEE PAID. Filing Fee $ 1.00 Receipt # 23054 (bond for 3/24/97 court order) (acp) (Entered: 03/27/1997)

PACER
292 March 27, 1997

NOTICE of filing security by Jacob J. Dougan (acp) Modified on 08/13/1998 (Entered: 03/27/1997)

PACER
March 31, 1997

TRANSMITTAL to USCA re: document #31 and copy of receipt 23054. (dgj) (Entered: 03/31/1997)

PACER
293 April 8, 1997

MEMORANDUM by Harry K. Singletary Jr., Clayton G. Strickland in support of [280-1] motion to vacate consent decree (acp) Modified on 08/13/1998 (Entered: 04/08/1997)

PACER
294 May 29, 1997

ORDER denying [280-1] motion to vacate consent decree, denying [280- 2] motion to dismiss contempt proceedings as moot, denying [280-3] motion to remand case to the District Court for further consideration consistent with this court's order vacating consent decree ( Signed by Judge Wm. T. Hodges ) ctc (dgj) Modified on 08/13/1998 (Entered: 05/29/1997)

PACER
May 29, 1997

TRANSMITTAL to USCA re: Document #34. (dgj) (Entered: 05/29/1997)

PACER
June 3, 1997

Transmitted record on appeal to USCA. (Transmittal includes: 6 Vol. of Pleadings; 2 Vol. of Transcripts.) (dgj) (Entered: 06/03/1997)

PACER
July 2, 1997

RECEIVED letter of inquiry; clerk responded (acp) (Entered: 07/24/1997)

PACER
295 July 7, 1997

NOTICE of filing by William Vanpoyck (attached "exhibit") (jsf) Modified on 08/13/1998 (Entered: 07/07/1997)

PACER
295 July 7, 1997

(and) NOTICE by William Vanpoyck of defendants' ongoing violation of consent decree (jsf) Modified on 08/13/1998 (Entered: 07/07/1997)

PACER
Aug. 27, 1997

RECEIVED letter of inquiry; clerk responded (acp) (Entered: 08/28/1997)

PACER
296 Jan. 26, 1998

JUDGMENT OF USCA (certified copy) remanding 12/31/92 appeal. MFR Number 137/1459-1469 Mandate date: 1/13/98 USCA EOD: 12/1/97 (acp) Modified on 08/13/1998 (Entered: 01/30/1998)

PACER
Jan. 26, 1998

Record on appeal returned from USCA: ( 6 Vol. Pleadings; 2 Vol. Transcripts.) (acp) (Entered: 01/30/1998)

PACER
Jan. 26, 1998

CASE REOPENED. (acp) (Entered: 02/09/1998)

PACER
297 July 8, 1998

NOTICE of status of case by Jacob J. Dougan (mfk) Modified on 08/13/1998 (Entered: 07/08/1998)

PACER
298 July 28, 1998

AMENDED STATUS REPORT by Jacob J. Dougan (slc) Modified on 08/13/1998 (Entered: 07/29/1998)

PACER
299 Aug. 20, 1998

FURTHER STATUS REPORT by Jacob J. Dougan (slc) (Entered: 08/21/1998)

PACER
300 Dec. 7, 1998

ORDER, set miscellaneous hearing for 01-21-99 at 10:00 a.m.; Scheduled for Judge Wm. T. Hodges ; to determine the procedures necessary to advancethe case to a final disposition. ( Signed by Judge Wm. T. Hodges ) ctc (mfk) (Entered: 12/09/1998)

PACER
301 Jan. 8, 1999

MOTION by Jacob J. Dougan, et al. with memorandum in support for interim award of attorney's fees and costs (slc) (Entered: 01/08/1999)

PACER
302 Jan. 8, 1999

NOTICE of filing AFFIDAVITS of Wm. J. Sheppard, Elizabeth L. White, D. Gray Thomas, Richard W. Smith, Adam B. Allen, Rutledge R. Liles by Jacob J. Dougan, et al. in support of [301-1] motion for interim award of attorney's fees and costs (slc) (Entered: 01/08/1999)

PACER
303 Jan. 14, 1999

NOTICE of supplemental filing of AFFIDAVIT of Samuel S. Jacobson by Jacob J. Dougan, et al. in support of [301-1] motion for interim award of attorney's fees and costs (slc) (Entered: 01/14/1999)

PACER
304 Jan. 19, 1999

NOTICE of filing supplemental authority in support of defendant's [280- 1] motion to vacate consent decree and to dismiss case by Harry K. Singletary Jr., Clayton G. Strickland (slc) (Entered: 01/19/1999)

PACER
305 Jan. 21, 1999

RESPONSE by Harry K. Singletary Jr., Clayton G. Strickland to [301-1] motion for interim award of attorney's fees and costs (slc) (Entered: 01/21/1999)

PACER
306 Jan. 21, 1999

MINUTE ENTRY: status hearing held on 1/21/99 before Judge Wm. Terrell Hodges Court Reporter: Mildred Shealy. Order to enter. (slc) (Entered: 01/25/1999)

PACER
307 Jan. 21, 1999

ORDER: vacating [20-1] consent decree; dismissing case without effect on any pending motions for attorneys' fees ; defendant's supplemental responses to motion reset to 2/10/99 for [301-1] petition for attorneys' fees ; at such time as the defendants respond or at such time as time for filing of responses has lapsed, any pending petitions for attorneys' fees shall be deemed referred to the magistrate judge without further order to conduct such proceedings as he deems necessary to issue a report and recommendation on the petition(s) for attorneys' fees (Signed by Judge Wm. T. Hodges ) ctc MFR Number 141/2718 (slc) Modified on 01/25/1999 (Entered: 01/25/1999)

PACER
Jan. 21, 1999

Motion(s) referred: [301-1] motion for interim award of attorney's fees and costs referred to Magistrate Judge Howard T. Snyder (slc) (Entered: 01/25/1999)

PACER
Jan. 21, 1999

CASE CLOSED. (slc) (Entered: 01/25/1999)

PACER
308 March 22, 1999

NOTICE of supplemental authority in support of plaintiffs' [301-1] motion for interim award of attorney's fees and costs by Jacob J. Dougan (slc) Modified on 04/08/1999 (Entered: 03/23/1999)

PACER
309 April 8, 1999

MOTION by Harry K. Singletary Jr., Clayton G. Strickland for extension of time to respond to attorney fee request referred to Magistrate Judge Howard T. Snyder (slc) Modified on 04/08/1999 (Entered: 04/08/1999)

PACER
310 April 9, 1999

SUPPLEMENTAL ARESPONSE by Harry K. Singletary Jr., Clayton G. Strickland to [301-1] petition for attorney's fees (slc) (Entered: 04/09/1999)

PACER
311 April 16, 1999

ORDER granting [309-1] motion for extension of time to respond to attorney fee request; defendant's supplemental response to plaintiff's petition for attorney's fees (#310) filed on 4/9/99 is deemed timely filed ( Signed by Magistrate Judge Howard T. Snyder ) ctc (sms) (Entered: 04/16/1999)

PACER
312 Sept. 28, 1999

NOTICE of Hearing: set status conference via telephone for 4:00 10/7/99, Scheduled for Magistrate Judge Howard T. Snyder (signed by deputy clerk) ctc (slc) (Entered: 09/29/1999)

PACER
313 Oct. 7, 1999

MINUTE ENTRY: status conference via telephone held on 10/07/99 re: plaintiffs' motion for interim award of attorney's fees and costs before Judge Howard T. Snyder (jec) (Entered: 10/08/1999)

PACER
314 Jan. 25, 2000

REPORT AND RECOMMENDATIONS of Magistrate Judge Howard T. Snyder Re: [301-1] motion for interim award of attorney's fees and costs; that the Court deny plaintiff's motion and allow the plaintiff's to file a 2nd motion; Motion no longer referred Objections to R and R due by 2/8/00 ctc (seg) (Entered: 01/26/2000)

PACER
315 Feb. 4, 2000

OBJECTION by Jacob J. Dougan to [314-1] report and recommendations (seg) (Entered: 02/07/2000)

PACER
316 Feb. 25, 2000

RESPONSE by Harry K. Singletary Jr., Clayton G. Strickland to [315-1] objections to report and recommendation (seg) (Entered: 02/25/2000)

PACER
317 April 21, 2000

ORDER denying plaintiffs' [301-1] motion for interim award of attorney's fees and costs; the plaintiffs shall have 30 days in which to file a 2nd motion for interim award of attorney's fees containing only those fees incurred in preparing and litigating the previous motion for attorney's fees; upon the filing of this motion, the defendants shall have 10 days to file a response detailing each time entry to which they have objection ( Signed by Judge Wm. T. Hodges ) ctc (filed in Ocala) (slc) Modified on 04/25/2000 (Entered: 04/25/2000)

PACER
318 May 18, 2000

NOTICE OF SETTLEMENT filed by plaintiffs (slc) (Entered: 05/18/2000)

PACER
Jan. 12, 2004

FRC record data: accession # 021030194; agency box # 1 of 3 pleadings (vol.1-6); location # E0304652; p record. (dmt) (Entered: 01/12/2004)

PACER
Jan. 12, 2004

FRC record data: accession # 021030194; agency box # 2 of 3 pleadings (vol 7); location # E0304652; p record. (dmt) (Entered: 01/12/2004)

PACER

Case Details

State / Territory:

Florida

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Jan. 7, 1981

Closing Date: Jan. 21, 1999

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Florida death row inmates

Public Interest Lawyer: Unknown

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State

Florida Department of Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Other Dockets:

Middle District of Florida 3:81-cv-00011

U.S. Court of Appeals for the Eleventh Circuit 93-02008

Supreme Court of the United States 97-8120

Available Documents:

Any published opinion

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1983 - 1999

Issues

Jails, Prisons, Detention Centers, and Other Institutions:

Recreation / Exercise

Recommended Citation