Case: Fambro v. Fulton County

1:82-cv-02136 | U.S. District Court for the Northern District of Georgia

Filed Date: Sept. 29, 1982

Closed Date: 2004

Clearinghouse coding complete

Case Summary

On September 29, 1982, inmates at the Fulton County Jail filed a class action lawsuit against Fulton County, Georgia in the United States District Court for the Northern District of Georgia under 42 U.S.C. § 1983. The plaintiffs were represented by Georgia Legal Services Program and Atlanta Legal Aid Society.Because this case predates PACER, we do not have access to the docket prior to February 4, 1991. We know from the procedural history in a later opinion that in 1984, the district court issu…

On September 29, 1982, inmates at the Fulton County Jail filed a class action lawsuit against Fulton County, Georgia in the United States District Court for the Northern District of Georgia under 42 U.S.C. § 1983. The plaintiffs were represented by Georgia Legal Services Program and Atlanta Legal Aid Society.

Because this case predates PACER, we do not have access to the docket prior to February 4, 1991. We know from the procedural history in a later opinion that in 1984, the district court issued a consent decree to resolve the overcrowding in the Fulton County Jail.

The court's monitor made tentative findings of fact on the current conditions of the jail, dated April 11, 1989, at which point the jail had been under a consent decree for five years. The monitor found that within 90 days of entering into the consent decree, the defendant had been in violation of that consent decree to major or minor extents and had been at all times since then. Previously, at various times, in an effort to address persistent overcrowding, the court had authorized the sheriff in his discretion to release inmates under a prioritized release order. The court had also imposed a fine of $100 per day for each inmate sleeping on a mattress on the floor. The monitor reported that there were currently 400 inmates sleeping on mattresses on the floor and stated that the overcrowding "had a severely negative impact on medical services, food services, grievance and disciplinary procedures, maintenance service, sanitation service, library service, laundry service, inmate telephone privileges, inmate visitation services and inmate recreation privileges.” Fambro v. Fulton County, GA., 713 F.Supp. 1426 (N.D.Ga. 1989).

On April 21, 1989, the court held that: (1) substandard delivery of medical care in jail was unconstitutional; (2) substandard sanitation in jail was unconstitutional; and (3) release order was appropriate remedy.

The court found that there had been deficiencies in the medical system for more than a year, and that these shortcomings subjected inmates to "unnecessary risk of contracting dangerous or fatal communicable diseases, that inmates are having to suffer unnecessary pain and discomfort ranging from the common cold through major abscesses without help of medical science, and that whole classes of inmates that are dependent upon pharmaceuticals for the regulation and management of life-threatening conditions cannot predictably receive their medicine and sometimes must wait for up to three days to receive it." The court held that the jail did not meet the Constitution's requirement only that a jail not be deliberately indifferent to the medical needs of their inmates. Estelle v. Gamble, 429 U.S. 97 (1976).

The court also discussed the sanitation problems at the jail and found that the defendant had failed to meet its constitutional obligation of providing reasonably adequate sanitation for their inmates. Green v. Ferrell, 801 F.2d 765, 771 (5th Cir. 1986).

Judge Forrester explained that the current conditions were an "immediate crisis" and the only available solution was a release order, a last resort. The jail had not been responsive to past sanctions and had been accruing potential fines for years at rates of between $10,000 and $40,000 per day, which had not solved the problem. The court ordered the sheriff to submit weekly lists of pre-trial inmates to the state courts of Fulton County, who would have veto power over individuals' release, and would begin releasing inmates until the population was reduced to the limits set by the court. The release order would expire upon the full occupation of a new jail the defendant was in the process of constructing to alleviate the overcrowding problem, which was due to be completed four to nine months from the date of the order. The sheriff was ordered to release inmates pursuant to the order until the male population reached 1616 inmates and the female population reached 165 inmates.

The plaintiffs' motion for contempt on issues relating to overcrowding was stayed.

A consent order related to staffing was entered on February 4, 1991. Litigation related to the court monitor's findings on sanitation continued until April 15, 1994.

Judge Forrester ordered the case dismissed on April 15, 1994, but litigation continued through February 16, 1996 related to the court monitor's compensation and reimbursement of expenses. The case is now closed.

Summary Authors

Lauren Cutson (5/18/2006)

Elizabeth Greiter (1/26/2018)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4505570/parties/fambro-v-fulton-county/


Judge(s)

Forrester, J. Owen (Georgia)

Attorneys(s) for Plaintiff

Cullen, Robert W. (Georgia)

Gottlieb, Steven (Georgia)

Holmen, Phyllis J. (Georgia)

Leshaw, Gary Jay (Georgia)

Miller, Martha A. (Georgia)

Ratner, Gary A. (Georgia)

Attorneys(s) for Defendant

Hewitt, William Davis (Georgia)

Hirsch, Allen I. (Georgia)

Lackland, Theodore Howard (Georgia)

Judge(s)

Forrester, J. Owen (Georgia)

Attorneys(s) for Plaintiff

Cullen, Robert W. (Georgia)

Gottlieb, Steven (Georgia)

Holmen, Phyllis J. (Georgia)

Leshaw, Gary Jay (Georgia)

Miller, Martha A. (Georgia)

Ratner, Gary A. (Georgia)

Attorneys(s) for Defendant

Hewitt, William Davis (Georgia)

Hirsch, Allen I. (Georgia)

Lackland, Theodore Howard (Georgia)

Long, Elizabeth E. (Georgia)

Riddell, Karen S. (Georgia)

Rowan, Milton Dale (Alabama)

Schneider, Peter Wayne (Georgia)

Sinkfield, Richard H. (Georgia)

Expert/Monitor/Master

Keating, J. Michael (Rhode Island)

Documents in the Clearinghouse

Document

1:82-cv-02136

Docket (PACER)

Feb. 16, 1996

Feb. 16, 1996

Docket

1:82-cv-02136

Reported Opinion

713 F.Supp. 1426, 1989 U.S.Dist.LEXIS 5703

April 21, 1989

April 21, 1989

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4505570/fambro-v-fulton-county/

Last updated Aug. 15, 2022, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

CONSENT ORDER w/AGREEMENT resolving the staffing level and post order issues as they relate to the Fulton County Jail (see for details) [nothing in this order shall be construed as a waiver of denfendant's position that the original Consent Decree applies only to the old Jefferson Street Jail and that this Court lacks jurisdiction to impose any order, including orders concerning staffing, regarding conditions at the Rice Street Jail; not shall it be construed to waive plaintiffs' position that the original Consent Decree applies to the new Rice Street Jail and that this Court has jurisdiction to impose orders, including orders concerning staffing, regarding conditions at the Rice Street Jail) by Judge J. Owen Forreste. cc (lk) (Entered: 02/26/1991)

Feb. 4, 1991

Feb. 4, 1991

PACER
2

ORDER APPROVING Monitor J. Keating's recommendation (the Court understands that the defendant, Fulton County, Georgia, does not waive its position that the original Consent Decree applies only to the old Jefferson Street Jail and that the Court lacks jurisdiction to impose any order regarding conditions at the Rice Street Jail and does not find that Fulton County has waived its position) by Judge J. O. Forrester. cc (lk) (Entered: 02/26/1991)

Feb. 4, 1991

Feb. 4, 1991

PACER
3

Notice of filing change of address for W. Davis Hewitt, attorney for state defendants. (lk) (Entered: 02/26/1991)

Feb. 5, 1991

Feb. 5, 1991

PACER
4

Notice to the Court by the State Defendants that its order requiring these defendants to pick up State inmates within 15 days expired on 12/19/90; however, these defendants have elected to continue the pick up of these inmates for the near future. (lk) (Entered: 02/26/1991)

Feb. 12, 1991

Feb. 12, 1991

PACER
5

ORDER APPROVING the monitors' proposed schedule of, budget for, the 90-day review and audit instrument for data collection as it relates to defendants' compliance with certain "core" policies and procedures (see for further details) by Judge J. O. Forrester. cc (JOF). (lk) (Entered: 03/01/1991)

Feb. 27, 1991

Feb. 27, 1991

PACER
6

CONSENT ORDER temporarily lifting the protective order or seal as it applies to Exhibit "3" attached to the Consent Decree dated 4/19/84 in order to permit the clerk to provide a cert. cpy of the Consent Decree and Exhibit "3" to defendant Fulton Cty for use in pending action Mitchell v. Fulton Cty, et. al., Civil Action No. D85676 and the exhibits to the Consent Decree otherwise shall remain under seal as directed by prior order of the Court by Judge J. O. Forrester . cc (lk) (Entered: 03/27/1991)

March 19, 1991

March 19, 1991

PACER
7

APPLICATION for compensation and reimbursement of expenses for the period 2/1/91 thru 2/28/91 by movant J. Michael Keating (lk) (Entered: 03/27/1991)

March 21, 1991

March 21, 1991

PACER
8

ORDER DENYING pro se petr Leonard Earl Thornton's motion to amend the class action complaint and motion to proceed in forma pauperis with leave to renew through class counsel, APPROVING Monitor Keating's applications for compensation and reimbursement of expenses filed for the period 3/1/90 thru 3/31/90; and 1/30/91 for the period 12/1/90 thru 12/31/90; and 2/22/91 for the period 1/2/91 thru 1/31/91, and DENYING AS MOOT pla's motion for an extension of time to respond to interrogs to 1/30/01 by Judge J. O. Forrester. cc (lk) (Entered: 03/27/1991)

March 25, 1991

March 25, 1991

PACER
9

Application for leave of absence of Robert W. Cullen, Martha A. Miller . (JOF for approval). (lk) (Entered: 04/11/1991)

April 3, 1991

April 3, 1991

PACER
10

ORDER GRANTING application motion for leave of absence of Robert W. Cullen, Martha A. Miller [9-1] beginning 6/3/91 and extending through 6/7/91 for Robert W. Cullen, for Martha A. Miller by Judge J. O. Forrester. cc (JOF). (lk) (Entered: 04/24/1991)

April 19, 1991

April 19, 1991

PACER
11

Application for leave of absence of William Davis Hewitt . (JOF for approval). (lk) (Entered: 04/29/1991)

April 26, 1991

April 26, 1991

PACER
12

ORDER GRANTING application motion for leave of absence of William Davis Hewitt [11-1] beginning 5/22/91 and extending through 5/30/91 for William Davis Hewitt by Judge J. O. Forrester. cc (JOF). (lk) (Entered: 05/06/1991)

May 2, 1991

May 2, 1991

PACER
13

Application by movant J. Michael Keating for compensation and reimbursement of expenses for the period 4/1/91 thru 4/30/91 . (JOF). (lk) (Entered: 05/21/1991)

May 19, 1991

May 19, 1991

PACER
14

Application by movant J. Michael Keating for compensation and reimbursement of expenses for the period 5/1/91 thru 5/31/91 . (JOF). (lk) (Entered: 06/25/1991)

June 20, 1991

June 20, 1991

PACER
15

ORDER APPROVING Monitor Keating's applications for compensation and reimbursement of expenses for the periods 2/1/91 thru 2/28/91 and 3/1/91 thru 3/31/91 by Judge J. O. Forrester. cc (JOF). (lk) (Entered: 06/26/1991)

June 24, 1991

June 24, 1991

PACER
16

Application for Writ of Mandamus and order to show due cause before Honorable Judge Forrester. (JOF) . (lk) (Entered: 07/22/1991)

July 17, 1991

July 17, 1991

PACER
17

Application by movant J. Michael Keating for compensation and reimbursement of expenses for the period 6/1/91 thru 6/30/91 . (JOF). (lk) (Entered: 08/06/1991)

Aug. 5, 1991

Aug. 5, 1991

PACER
18

Attorney appearance for Larry D. Fambro, Larry Moore, John Frank Liphan, Jack Williams by Milton Dale Rowan. (JOF). (lk) (Entered: 08/12/1991)

Aug. 6, 1991

Aug. 6, 1991

PACER
19

RESPONSE by plaintiffs to tentative findings of fact. (km) (Entered: 08/21/1991)

Aug. 16, 1991

Aug. 16, 1991

PACER
20

Application by movant J. Michael Keating for compensation and reimbursement of expenses for the period 7/1/91 through 7/31/91 . (lk) (Entered: 08/26/1991)

Aug. 21, 1991

Aug. 21, 1991

PACER
21

Application by movant J. Michael Keating for compensation and reimbursement of expenses for the period 8/1/91 thru 8/31/91 . (JOF). (lk) (Entered: 09/23/1991)

Sept. 19, 1991

Sept. 19, 1991

PACER
22

ORDER GRANTING application motion for compensation and reimbursement of expenses for the period 4/1/91 thru 4/30/91 by J. Michael Keating [13-1], GRANTING application motion for compensation and reimbursement of expenses by J. Michael Keating [14-1], GRANTING application motion for compensation and reimbursement of expenses for the period 6/1/91 thru 6/30/91 by J. Michael Keating [17-1] by Judge J. O. Forrester. cc (JOF). (lk) (Entered: 09/27/1991)

Sept. 27, 1991

Sept. 27, 1991

PACER
23

Findings of fact and conclusions of law by movant J. Michael Keating. (JOF). (lk) (Entered: 10/23/1991)

Oct. 11, 1991

Oct. 11, 1991

PACER
24

MOTION (application) by movant J. Michael Keating for compensation and reimbursement of expenses for the period 9/1/91 thru 9/30/91 with brief in support. (JOF). (lk) (Entered: 11/13/1991)

Oct. 28, 1991

Oct. 28, 1991

PACER
25

CONSENT ORDER extending time to 11/12/91 for response to findings of fact by J. Michael Keating [23-1] by Judge J. O. Forrester . cc (JOF). (lk) (Entered: 11/13/1991)

Nov. 1, 1991

Nov. 1, 1991

PACER
26

CONSENT ORDER extending time to 11/26/91 to respond to findings of fact by J. Michael Keating [23-1] by Judge J. O. Forrester . cc (JOF). (lk) (Entered: 11/26/1991)

Nov. 20, 1991

Nov. 20, 1991

PACER
27

MOTION (application) by movant J. Michael Keating for compensation and reimbursement of expenses for the period 10/1/91 thru 10/31/91 with brief in support. (JOF). (lk) (Entered: 11/26/1991)

Nov. 22, 1991

Nov. 22, 1991

PACER
28

Response by defendants in Opposition of findings of fact by J. Michael Keating [23-1] (lk) (Entered: 12/05/1991)

Nov. 26, 1991

Nov. 26, 1991

PACER
29

Response by plaintiffs in Opposition of findings of fact by J. Michael Keating [23-1] (lk) (Entered: 12/05/1991)

Nov. 26, 1991

Nov. 26, 1991

PACER
30

MOTION (application) for leave of absence of Robert W. Cullen with brief in support. (JOF for approval). (lk) (Entered: 12/11/1991)

Dec. 6, 1991

Dec. 6, 1991

PACER
31

Response by defendant Sheriff to plaintiffs' response to findings of fact by J. Michael Keating [23-1]. (JOF). (lk) (Entered: 12/11/1991)

Dec. 9, 1991

Dec. 9, 1991

PACER
32

ORDER GRANTING motion for leave of absence of Robert W. Cullen [30-1] 12/4/91 thru 12/21/91, beginning 12/27/91 and extending through 1/3/92 for Robert W. Cullen by Judge J. O. Forrester. cc (JOF). (lk) (Entered: 12/17/1991)

Dec. 16, 1991

Dec. 16, 1991

PACER
33

MOTION (application) by movant J. Michael Keating for compensation and reimbursement of expenses for the period 11/1/91 thru 11/30/91 with brief in support. (JOF). (lk) (Entered: 12/23/1991)

Dec. 20, 1991

Dec. 20, 1991

PACER
34

MOTION (application) by movant J. Michael Keating for compensation and reimbursement of expenses for the period 12/1/91 thru 12/31/91 with brief in support. (JOF). (lk) (Entered: 01/24/1992)

Jan. 21, 1992

Jan. 21, 1992

PACER
35

MOTION (application) by movant J. Michael Keating for compensation and reimbursement of expenses for the period 1/1/92 thru 1/31/92 with brief in support. (JOF). (lk) (Entered: 02/19/1992)

Feb. 13, 1992

Feb. 13, 1992

PACER
36

Notice of Revised Post Orders w/Memo & Attachments by plaintiffs and defendant Sheriff of Fulton County. (JOF) . (lk) (Entered: 02/24/1992)

Feb. 21, 1992

Feb. 21, 1992

PACER
37

ORDER GRANTING motion for compensation and reimbursement of expenses for the period 12/1/91 thru 12/31/91 by J. Michael Keating [34-1], GRANTING motion for compensation and reimbursement of expenses for the period 11/1/91 thru 11/30/91 by J. Michael Keating [33-1], GRANTING motion for compensation and reimbursement of expenses for the period 10/1/91 thru 10/31/91 by J. Michael Keating [27-1], GRANTING motion for compensation and reimbursement of expenses for the period 9/1/91 thru 9/30/91 by J. Michael Keating [24-1], GRANTING application motion for compensation and reimbursement of expenses for the period 8/1/91 thru 8/31/91 by J. Michael Keating [21-1], GRANTING application motion for compensation and reimbursement of expenses for the period 7/1/91 through 7/31/91 by J. Michael Keating [20-1] by Judge J. O. Forrester. cc (JOF). (lk) (Entered: 02/26/1992)

Feb. 24, 1992

Feb. 24, 1992

PACER
38

Joint MOTION to substitute revised post orders into the record with brief in support & proposed order. (JOF for approval). (lk) (Entered: 03/04/1992)

March 2, 1992

March 2, 1992

PACER
39

ORDER GRANTING motion for compensation and reimbursement of expenses for the period 1/1/92 thru 1/31/92 by J. Michael Keating [35-1] by Judge J. O. Forrester. cc (scg) (Entered: 03/20/1992)

March 18, 1992

March 18, 1992

PACER
40

MOTION (application) by movant J. Michael Keating for compensation and reimbursement of expenses for the period 2/1/92 thru 2/29/92. (JOF). (lk) (Entered: 03/26/1992)

March 23, 1992

March 23, 1992

PACER
41

MOTION (application) by movant J. Michael Keating for compensation and reimbursement of expenses for the period 3/1/92 thru 3/31/92 with brief in support. (JOF). (lk) (Entered: 04/28/1992)

April 23, 1992

April 23, 1992

PACER
42

MOTION (application) by movant J. Michael Keating for compensation and reimbursement of expenses for the period 4/1/92 thru 4/30/92 with brief in support. (JOF). (lk) (Entered: 05/29/1992)

May 26, 1992

May 26, 1992

PACER
43

MOTION by movant J. Michael Keating for compensation and the reimbursement of expenses with attachments. JOF (bh) (Entered: 07/01/1992)

June 29, 1992

June 29, 1992

PACER
44

ORDER APPROVING motion for compensation and reimbursement of expenses [42-1] by J. Michael Keating for the period 4/1/91-4/30/92. by Judge J. O. Forrester cc (eyb) (Entered: 07/15/1992)

July 9, 1992

July 9, 1992

PACER
45

MOTION (application) by movant J. Michael Keating for compensation and the reimbursement of expenses for the period of 6/1/92-6/31/92 with brief in support. (eyb) (Entered: 07/15/1992)

July 13, 1992

July 13, 1992

PACER
46

Notice of Monitors' Interim Report on Co by J. Michael Keating, Jr. & Matthew A. Lopes, Jr. (scg) (Entered: 08/12/1992)

July 17, 1992

July 17, 1992

PACER
47

MOTION (application) by movant J. Michael Keating for compensation and reimbursement of expenses for the period of 7/1/92 through 7/31/92 with attachments. (dfb) Modified on 09/21/1992 (Entered: 09/21/1992)

Aug. 17, 1992

Aug. 17, 1992

PACER
48

MOTION (application) by movant J. Michael Keating for compensation and reimbursement of expenses for the period of 8/1/92 through 8/31/92 with attachments. (JOF). (dfb) (Entered: 09/22/1992)

Sept. 21, 1992

Sept. 21, 1992

PACER
49

ORDER by Judge J. Owen Forrester DIRECTING the ptys to file objections to the Monitor's Findings of Fact by COB, Friday, 10/16/92. Further, the ptys are allowed 10 days from receipt of opposing ptys objs to file responsive briefs. The Court does not intend to extend these time limits. cc (dfb) (Entered: 09/25/1992)

Sept. 24, 1992

Sept. 24, 1992

PACER
50

ORDER by Judge J. Owen Forrester APPROVING the Monitor's applications for compensation and reimbursement of expenses filed for the periods: 3/1/92 thru 3/31/92 [41-1]; 5/1/92 thru 5/31/92 [43-1]; 6/1/92 thru 6/30/92 [45-1]; and 7/1/92 thru 7/31/92 [47-1]. cc (dfb) (Entered: 10/09/1992)

Oct. 7, 1992

Oct. 7, 1992

PACER
51

Response by dfts Sheriff Robert H. McMichael & Superintendent Levi Dawson to order [49-1]. (dfb) (Entered: 10/21/1992)

Oct. 16, 1992

Oct. 16, 1992

PACER
52

Response by dfts Fulton County & Fulton County Board of Commissioners to Monitor's tentative findings of fact, filed as directed by order [49-1] of the court. (dfb) (Entered: 10/21/1992)

Oct. 16, 1992

Oct. 16, 1992

PACER
53

Response by third-party state dfts to Monitor's tentative findings of fact, filed as directed by order [49-1] of the court. (dfb) (Entered: 10/21/1992)

Oct. 16, 1992

Oct. 16, 1992

PACER
54

Attorney appearance for plaintiffs by Phyllis J. Holmen. (dfb) (Entered: 10/21/1992)

Oct. 16, 1992

Oct. 16, 1992

PACER
55

MOTION by plaintiffs for extension of time to respond to order [49-1] with brief in support. (To JOF for consideration). (dfb) (Entered: 10/21/1992)

Oct. 16, 1992

Oct. 16, 1992

PACER
56

MOTION (application) by movant J. Michael Keating for compensation and reimbursement of expenses for the period of 9/1/92 through 9/30/92 with attachments. (dfb) (Entered: 10/26/1992)

Oct. 22, 1992

Oct. 22, 1992

PACER
57

Response by plaintiffs to Monitor's tentative findings of fact, filed as directed by order [49-1]. (To JOF). (dfb) (Entered: 10/26/1992)

Oct. 23, 1992

Oct. 23, 1992

PACER
58

ORDER by Judge J. Owen Forrester APPROVING application for compensation and reimbursement of expenses for the period of 8/1/92 through 8/31/92 [48-1] by J. Michael Keating. cc (dfb) (Entered: 10/28/1992)

Oct. 26, 1992

Oct. 26, 1992

PACER
59

ORDER by Judge J. Owen Forrester GRANTING motion for extension of time to 10/22/92 to respond to order [49-1] by plas [55-1]. cc (dfb) (Entered: 11/02/1992)

Oct. 30, 1992

Oct. 30, 1992

PACER
60

Reply by dfts Fulton County and Fulton County Board of Commissioners to dfts Sheriff & Superintendent's response [51-1] to Monitor's Report. (dfb) (Entered: 11/05/1992)

Nov. 2, 1992

Nov. 2, 1992

PACER
61

Reply by dfts Fulton County and Fulton County Board of Commissioners to plas' response [57-1] and dfts Sheriff & Superintendent's response [51-1]. (dfb) (Entered: 11/10/1992)

Nov. 9, 1992

Nov. 9, 1992

PACER
62

MOTION by movant J. Michael Keating for compensation and the reimbursement of expenses for the period of 10/1/92 through 10/31/92 with brief in support. (dfb) (Entered: 12/03/1992)

Nov. 30, 1992

Nov. 30, 1992

PACER
63

ORDER by Judge J. Owen Forrester APPROVING motion for compensation and reimbursement of expenses for the period of 9/1/92 through 9/30/92 [56-1] by J. Michael Keating. cc (dfb) (Entered: 12/04/1992)

Dec. 1, 1992

Dec. 1, 1992

PACER
64

Request by dfts for leave of absence of W. Davis Hewitt . (JOF). (dfb) (Entered: 12/08/1992)

Dec. 7, 1992

Dec. 7, 1992

PACER
65

MOTION by dfts Fulton Cnty Sheriff & Fulton Cnty Jail Superintendent's for judgment with brief in support. (dfb) (Entered: 12/23/1992)

Dec. 11, 1992

Dec. 11, 1992

PACER
66

MOTION by Fulton Cnty and Fulton Cnty Bd of Commissioners to terminate supervision and enter partial judgment for dfts with brief in support. (dfb) (Entered: 12/23/1992)

Dec. 11, 1992

Dec. 11, 1992

PACER
67

ORDER by ct dep GRANTING dfts' request for leave of absence of W. Davis Hewitt [64-1] beginning 12/28/92 and extending through 1/7/93. cc (dfb) (Entered: 12/23/1992)

Dec. 15, 1992

Dec. 15, 1992

PACER
68

Monitors' final findings of fact w/3 black binders of exhibits in support. (dfb) (Entered: 12/23/1992)

Dec. 18, 1992

Dec. 18, 1992

PACER
69

MOTION by movant J. Michael Keating for compensation and reimbursement of expenses with brief in support. (dfb) (Entered: 12/30/1992)

Dec. 28, 1992

Dec. 28, 1992

PACER
70

Request for direction by plaintiffs. (dfb) (Entered: 01/21/1993)

Dec. 31, 1992

Dec. 31, 1992

PACER
71

MOTION by plas to conditionally dismiss certain issues with brief in support. (dfb) (Entered: 01/21/1993)

Jan. 12, 1993

Jan. 12, 1993

PACER
72

Response by plas to motion to terminate supervision and enter partial judgment for dfts [66-1] and to motion for judgment [65-1]. (dfb) (Entered: 01/21/1993)

Jan. 12, 1993

Jan. 12, 1993

PACER
73

MOTION by movant J. Michael Keating for compensation and reimbursement of expenses for the period of 12/1/92 through 12/31/92 with brief in support. (dfb) (Entered: 01/21/1993)

Jan. 19, 1993

Jan. 19, 1993

PACER
74

ORDER by Judge J. Owen Forrester APPROVING motion for compensation and the reimbursement of expenses for the periods of 10/1/92 through 10/31/92 [62-1] and 11/1/92 through 11/30/92 [69-1]. cc (dfb) (Entered: 01/28/1993)

Jan. 27, 1993

Jan. 27, 1993

PACER
75

Response by dfts Fulton County and FC Bd of Commissioners to plas' motion to conditionally dismiss certain issues [71-1]. (dfb) (Entered: 02/01/1993)

Jan. 29, 1993

Jan. 29, 1993

PACER
76

CONSENT ORDER by Judge J. Owen Forrester GRANTING motion for judgment [65-1] and motion to terminate supervision and enter partial judgment for dfts [66-1]; case is partially dismissed as to certain issues (see order for details); remaining issues to be resolved by the ptys in consort w/the federal monitor and upon final review by this Court. cc (dfb) (Entered: 02/05/1993)

Jan. 29, 1993

Jan. 29, 1993

PACER
77

MOTION by movant J. Michael Keating for compensation and reimbursement of expenses for the period of 1/1/93 through 1/31/93 with brief in support. (dfb) (Entered: 02/23/1993)

Feb. 22, 1993

Feb. 22, 1993

PACER
78

ORDER by Judge J. Owen Forrester APPROVING motion for compensation and reimbursement of expenses for the period of 12/1/92 through 12/31/92 [73-1] by J. Michael Keating. cc (dfb) (Entered: 03/03/1993)

March 1, 1993

March 1, 1993

PACER
79

CONSENT ORDER approved by Judge J. Owen Forrester terminating the court's jurisdiction and supervision over Classification and Key Control; vacating portion of court's 4/19/84 order which relates to those two issues. cc (dfb) (Entered: 03/19/1993)

March 17, 1993

March 17, 1993

PACER
80

MOTION by movant J. Michael Keating for compensation and reimbursement of expenses for the period of 2/1/93 through 2/28/93 with brief in support. (dfb) (Entered: 03/23/1993)

March 22, 1993

March 22, 1993

PACER
81

ORDER by Judge J. Owen Forrester APPROVING motion for compensation and reimbursement of expenses for the period of 1/1/93 through 1/31/93 [77-1] by J. Michael Keating. cc (dfb) (Entered: 04/09/1993)

April 7, 1993

April 7, 1993

PACER
82

MOTION by movant J. Michael Keating compensation and reimbursement of expenses for the period of 3/1/93 through 3/31/93 with brief in support. (dfb) (Entered: 04/26/1993)

April 23, 1993

April 23, 1993

PACER
83

APPLICATION by movant J. Michael Keating for compensation and reimbursement of expenses for the period of 4/1/93 through 4/30/93 with brief in support. (dfb) (Entered: 05/13/1993)

May 12, 1993

May 12, 1993

PACER
84

ORDER by Judge J. O. Forrester APPROVING motion for compensation and reimbursement of expenses for the period of 2/1/93 through 2/28/93 [80-1] and APPROVING motion compensation and reimbursement of expenses for the period of 3/1/93 through 3/31/93 [82-1] by J. Michael Keating. cc (pmm) (Entered: 05/26/1993)

May 26, 1993

May 26, 1993

PACER
86

Response by Fulton County Board of Commissioners to monitor's tentative findings of fact. (dfb) (Entered: 07/06/1993)

June 14, 1993

June 14, 1993

PACER
87

Response by Sheriff and Superintendent to monitor's tentative finds of fact. (dfb) (Entered: 07/06/1993)

June 15, 1993

June 15, 1993

PACER
85

APPLICATION by movant J. Michael Keating for compensation and reimbursement of expenses with brief in support. (dfb) (Entered: 06/29/1993)

June 25, 1993

June 25, 1993

PACER
88

ORDER by Judge J. Owen Forrester APPROVING motion for compensation and reimbursement of expenses for the period of 4/1/93 through 4/30/93 [83-1] by J. Michael Keating. cc (dfb) (Entered: 07/20/1993)

July 13, 1993

July 13, 1993

PACER
89

Monitors' Final Findings of Fact with Exhibits A-E. (dfb) (Entered: 07/23/1993)

July 23, 1993

July 23, 1993

PACER
90

CONSENT ORDER approved by Judge J. Owen Forrester cancelling proceeding set for Tuesday, 7/27/93 at 10:00 a.m. as there are no outstanding motions pending in this action. cc (dfb) (Entered: 07/27/1993)

July 26, 1993

July 26, 1993

PACER
91

APPLICATION by movant J. Michael Keating for compensation and reimbursement of expenses with brief in support. (dfb) (Entered: 08/02/1993)

July 28, 1993

July 28, 1993

PACER
92

Response by Sheriff and Superintendent to Monitor's Final Findings of Fact [89-1]. (dfb) (Entered: 08/04/1993)

Aug. 3, 1993

Aug. 3, 1993

PACER
93

Response by dft Fulton County and Fulton County Board of Commissioners to Monitor's Final Findings of Fact [89-1]. (dfb) (Entered: 08/04/1993)

Aug. 3, 1993

Aug. 3, 1993

PACER
94

APPLICATION by movant J. Michael Keating compensation and the reimbursement of expenses with brief in support. (dfb) (Entered: 08/27/1993)

Aug. 26, 1993

Aug. 26, 1993

PACER
95

Response by Sherriff and Chief Jailer to Monitor's Findings of Fact [89-1]. (dfb) (Entered: 08/30/1993)

Aug. 30, 1993

Aug. 30, 1993

PACER
96

ORDER by Judge J. Owen Forrester APPROVING motion for compensation and reimbursement of expenses for the period of 5/1/93 through 5/31/93 [85-1] by J. Michael Keating. cc (dfb) (Entered: 09/09/1993)

Sept. 3, 1993

Sept. 3, 1993

PACER
97

MOTION by movant J. Michael Keating for compensation and reimbursement of expenses with brief in support. (dfb) (Entered: 09/14/1993)

Sept. 13, 1993

Sept. 13, 1993

PACER
98

Attorney appearance by Theodore H. Lackland as counsel for dfts/3rd-pty plas Leroy N. Stynchcombe (Sheriff of Fulton County) and Ellis L. Brownlee (Chief Jailer of Fulton County Jail). (dfb) (Entered: 09/16/1993)

Sept. 15, 1993

Sept. 15, 1993

PACER
99

Certification of consent to withdrawal and substitution of counsel for dfts Leroy N. Stynchcombe (Sheriff, Fulton Cnty) and Ellis L. Brownlee (Chief Jailer, Fulton Cnty Jail); Theodore Lackland of Lackland & Associates replacing the firm of Arnall, Golden & Gregory as counsel of record. . (dfb) (Entered: 09/28/1993)

Sept. 15, 1993

Sept. 15, 1993

PACER
100

ORDER by Judge J. Owen Forrester APPROVING J. Michael Keating's motions for compensation and reimbursement of expenses for 6/1/93 through 6/30/93 [91-1], 7/1/93 through 7/31/93 [94-1] and 8/1/93 through 8/31/93 [97-1]. cc (dfb) Modified on 09/28/1993 (Entered: 09/24/1993)

Sept. 23, 1993

Sept. 23, 1993

PACER

Case Details

State / Territory: Georgia

Case Type(s):

Jail Conditions

Key Dates

Filing Date: Sept. 29, 1982

Closing Date: 2004

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Inmates at the Fulton County Jail

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Fulton County Jail (Fulton), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1984 - None

Content of Injunction:

Monitoring

Issues

General:

Conditions of confinement

Sanitation / living conditions

Totality of conditions

Crowding:

Crowding / caseload

Type of Facility:

Government-run