Case: Daniels v. Zant

5:79-cv-00110 | U.S. District Court for the Middle District of Georgia

Filed Date: May 14, 1979

Closed Date: Aug. 11, 2007

Clearinghouse coding complete

Case Summary

On May 14 1979, Georgia death row inmates brought a civil rights suit pursuant to 42 U.S.C. § 1983 in the U.S. District Court for the Middle District of Georgia, challenging their conditions of confinement at H-House in the Georgia Diagnostic and Classification Center in Jackson, Georgia. An amended complaint was filed on July 20, 1979 seeking declaratory and injunctive relief on behalf of the inmate class.The case was certified as a class action on October 2, 1979. The class was defined as al…

On May 14 1979, Georgia death row inmates brought a civil rights suit pursuant to 42 U.S.C. § 1983 in the U.S. District Court for the Middle District of Georgia, challenging their conditions of confinement at H-House in the Georgia Diagnostic and Classification Center in Jackson, Georgia. An amended complaint was filed on July 20, 1979 seeking declaratory and injunctive relief on behalf of the inmate class.

The case was certified as a class action on October 2, 1979. The class was defined as all present and future inmates under a death sentence and incarcerated at the Georgia Diagnostic and Classification Center.

On June 25, 1980, Plaintiffs filed a motion for a preliminary injunction to stop the execution of inmate Jack Potts, alleging that the conditions of confinement were so intolerable that Pott's lost his will to live and pursue his habeas remedies. The District Court (Judge Wilbur D. Owens, Jr.) denied plaintiffs' motion. Daniels v. Zant, 494 F.Supp. 720 (M.D.Ga. 1980).

The U.S. Department of Justice [DOJ] was granted status as amicus curie on September 10, 1980.

A Consent Decree was entered on June 5, 1981. The Decree provided for changes in the following areas: classification, health services, exercise, inmate visitation, access to the courts, religious services and mail. The Decree contained an automatic sunset clause. The District Court (Judge Owens) denied plaintiffs' application for attorneys' fees and further relief and ordered the case closed on June 27, 1983.

We have no information as to case activity from 1984 to 1990.

On March 1, 1999, death row inmate William Mark Mize filed a Complaint and motion to modify and enforce the Consent Decree. On March 8, 2000, Judge Duross Fitzpatrick ordered that a new file be opened for William Mark Mize v. Walter Zant with a new civil action number. 5:00-cv-00080-WDO-CWH. Defendant moved for summary judgment.

The District Court (Judge Wilbur D. Owens, Jr.) subsequently adopted the report and recommendations of the Magistrate Judge Claude W. Hicks Jr. and granted defendant's motion for summary judgment on August 11, 2000. The case was ordered closed.

William Mark Mize filed another motion for contempt and modification of Consent Decree on November 14, 2006. (He also later filed numerous other motions including motions for joinder, a motion for charges of perjury, and motions for preliminary injunction.) Defendant filed a reply brief noting that the Court previously denied a similar motion in 2000 and that as the Consent Decree had been terminated for about 15 years, the Court was without jurisdiction to enter the relief sought. On August 11, 2007, the court (now, Judge Hugh Lawson) adopted Magistrate Hicks' report and recommendation, dismissed all of Mize's motions, and closed the case.

Summary Authors

Dan Dalton (3/2/2007)

Alex Wharton (12/2/2014)

People


Judge(s)

Hicks, Claude W. Jr. (Georgia)

Owens, Wilbur Dawson Jr. (Georgia)

Attorneys(s) for Plaintiff

Goldberg, Ralph S. (Georgia)

Pearson, Albert M. III (Georgia)

West, Thomas McKee (Georgia)

Attorneys(s) for Defendant

Baker, Thurbert E. (Georgia)

Bolton, Arthur K. (Georgia)

Jones, John Custer (Georgia)

Kohler, Harrison (Georgia)

Orland, Devon (Georgia)

Judge(s)

Hicks, Claude W. Jr. (Georgia)

Owens, Wilbur Dawson Jr. (Georgia)

Attorneys(s) for Plaintiff

Goldberg, Ralph S. (Georgia)

Pearson, Albert M. III (Georgia)

West, Thomas McKee (Georgia)

Attorneys(s) for Defendant

Baker, Thurbert E. (Georgia)

Bolton, Arthur K. (Georgia)

Jones, John Custer (Georgia)

Kohler, Harrison (Georgia)

Orland, Devon (Georgia)

Pacious, Kathleen Mary (Georgia)

Walden, John C. (Georgia)

Other Attorney(s)

McClymont, Mary E. (District of Columbia)

Whinston, Stephen A. (District of Columbia)

Documents in the Clearinghouse

Document

5:79-cv-00110

Docket (PACER)

Spivey v. Zant

March 8, 2000

March 8, 2000

Docket

5:00-cv-00080

Docket (PACER)

Mize v. Zant

Aug. 15, 2007

Aug. 15, 2007

Docket

5:79-cv-00110

74-00139

Opinion

494 F.Supp. 720

June 27, 1980

June 27, 1980

Order/Opinion
35

5:79-cv-00110

Consent Decree

June 15, 1981

June 15, 1981

Order/Opinion

82-08575

Opinion

U. S. Court of Appeals for the Eleventh Circuit

712 F.2d 1417

July 26, 1983

July 26, 1983

Order/Opinion
35-1

5:00-cv-00080

REPLY IN OPPOSITION TO PLAINTIFFS’ MOTION FOR CONTEMPT

Mize v. Zant

Dec. 15, 2006

Dec. 15, 2006

Pleading / Motion / Brief
60

5:00-cv-00080

Recommendation re: Motion for Contempt

Mize v. Zant

July 10, 2007

July 10, 2007

Magistrate Report/Recommendation

Resources

Docket

Last updated Aug. 16, 2022, 3:06 a.m.

ECF Number Description Date Link Date / Link
183

MOTION by William Mark Mize for Contempt and Order to Enforce Courts Order and Petition for Writ of Mandamus. Response due by 10/15/99 Reply to Response due by 11/1/99 for [183-1] motion (hfn) (Entered: 12/21/1999)

Sept. 22, 1999

Sept. 22, 1999

184

ORDER that the Warden of the Jackson State Prison, Walter Zant, file a response within (90) days to plaintiff Mark Mize's (183-1) Motion for Contempt Action filed on September 22, 1999. ( signed by Judge Wilbur D. Owens Jr. ) [EOD Date 12/21/99] (hfn) (Entered: 12/21/1999)

Dec. 6, 1999

Dec. 6, 1999

185

EMERGENCY MOTION by William Mark Mize for Immediate Intervention on Contempt Issues or MOTION to Transfer Plaintiff Into Federal Custody. Response due by 1/3/00 Reply to Response due by 1/19/00 for [185-1] motion (hfn) (Entered: 12/21/1999)

Dec. 10, 1999

Dec. 10, 1999

DEADLINE updated; Reply to Response to Motion reset to 2/7/00 for [185-1] motion for Immediate Intervention on Contempt Issues or MOTION to Transfer Plaintiff Into Federal Custody. , Response to Motion reset to 2/7/00 for [185-1] motion for Immediate Intervention on Contempt Issues or MOTION to Transfer Plaintiff Into Federal Custody. (hfn) (Entered: 12/21/1999)

Dec. 21, 1999

Dec. 21, 1999

DEADLINE updated; Response to Motion reset to 2/7/00 for [183-1] motion for Contempt and Order to Enforce Courts Order and Petition for Writ of Mandamus. , Reply to Response to Motion reset to 2/7/00 for [183-1] motion for Contempt and Order to Enforce Courts Order and Petition for Writ of Mandamus. (hfn) (Entered: 01/07/2000)

Dec. 21, 1999

Dec. 21, 1999

186

RESPONSE by Walter Zant to [183-1] motion for Contempt and Order to Enforce Courts Order and Petition for Writ of Mandamus. (hfn) (Entered: 01/31/2000)

Jan. 31, 2000

Jan. 31, 2000

187

MEMORANDUM by Walter Zant in support of [186-1] motion response (hfn) (Entered: 01/31/2000)

Jan. 31, 2000

Jan. 31, 2000

Case Closed (hfn) (Entered: 02/03/2000)

Feb. 3, 2000

Feb. 3, 2000

188

REPLY by William Mark Mize to response to [185-1] motion for Immediate Intervention on Contempt Issues or MOTION to Transfer Plaintiff Into Federal Custody., [183-1] motion for Contempt and Order to Enforce Courts Order and Petition for Writ of Mandamus. (hfn) (Entered: 02/07/2000)

Feb. 7, 2000

Feb. 7, 2000

188

MOTION by William Mark Mize for Appointment of Counsel for Class. (hfn) (Entered: 02/07/2000)

Feb. 7, 2000

Feb. 7, 2000

189

SUPPLEMENTAL EMERGENCY MOTION by William Mark Mize for Immediate Intervention Response due by 3/2/00 Reply to Response due by 3/20/00 for [189-1] motion (hfn) (Entered: 02/08/2000)

Feb. 8, 2000

Feb. 8, 2000

MOTION(S) submitted: submitted [189-1] motion for Immediate Intervention Response due by 3/2/00 Reply to Response due by 3/20/00 for [189-1] motion, submitted [188-1] motion for Appointment of Counsel for Class., submitted [185-1] motion for Immediate Intervention on Contempt Issues or MOTION to Transfer Plaintiff Into Federal Custody. ; Original case file and motion sent to Judge Wilbur D. Owens Jr. (hfn) (Entered: 02/08/2000)

Feb. 8, 2000

Feb. 8, 2000

190

ORDER that a new file be opened for William Mark Mize v. Walter Zant with a new civil action number. The new file shall include plaintiff's filings in this action beginning with tab #177 filed on 03/01/99 and continuing to date. Order that plaintiff's new file be referred to U.S. Magistrate Judge Claude W. Hicks, Jr. for further review and consideration and for a report and recommendation thereon as provided in 28 USC Section 636 ( signed by Judge Duross Fitzpatrick ) [EOD Date 3/8/00] (ans) (Entered: 03/08/2000)

March 8, 2000

March 8, 2000

Case Details

State / Territory: Georgia

Case Type(s):

Prison Conditions

Key Dates

Filing Date: May 14, 1979

Closing Date: Aug. 11, 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The class was defined as all present and future inmates under a death sentence and incarcerated at the Georgia Diagnostic and Classification Center.

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Georgia Diagnostic and Classification Center (Jackson), State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Any published opinion

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: 1981 - 1983

Content of Injunction:

Preliminary relief denied

Issues

General:

Access to lawyers or judicial system

Classification / placement

Conditions of confinement

Mail

Religious programs / policies

Visiting

Affected Gender:

Male

Medical/Mental Health:

Medical care, general

Type of Facility:

Government-run