Case: Foster v. Fulton County

1:99-cv-00900 | U.S. District Court for the Northern District of Georgia

Filed Date: April 8, 1999

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On April 8, 1999, inmates at the Foster County Jail in Atlanta, Georgia, who had tested positive for HIV, filed this class action lawsuit against county officials. The plaintiffs, represented by the Southern Center for Human Rights, brought the suit in the U.S. District Court for the Northern District of Georgia under 42 U.S.C. § 1983. They alleged that the defendants' policies, which denied even basic medical care to HIV-positive prisoners, were sufficient to meet the deliberate indifference…

On April 8, 1999, inmates at the Foster County Jail in Atlanta, Georgia, who had tested positive for HIV, filed this class action lawsuit against county officials. The plaintiffs, represented by the Southern Center for Human Rights, brought the suit in the U.S. District Court for the Northern District of Georgia under 42 U.S.C. § 1983. They alleged that the defendants' policies, which denied even basic medical care to HIV-positive prisoners, were sufficient to meet the deliberate indifference standard required to show a violation of the Eighth Amendment. Plaintiffs alleged that the same practices also violated the due process clause of the Fourteenth Amendment. The plaintiffs sought improvements in medical care and a reduction in overcrowding.

On April 16, 1999, the court (Judge Marvin H. Shoob) held a preliminary injunction hearing, at which the parties presented a proposed settlement. The court entered a consent order as to the plaintiffs' motion for preliminary injunctive relief on the same day.

Subsequently, on January 10, 2000, the parties filed a joint motion to provide notice of class action settlement. On January 24, 2000, the court (Judge Shoob), after a hearing on the settlement, entered a final order and closed the case. The defendants were required to improve medical care and reduce overcrowding in the jail. The final settlement agreement specifically required that the defendant provide timely medical access to all present and future HIV-positive inmates [the class], and treatment that met the standard of care set forth by the United States Department of Health and Human Services. The court also appointed Dr. Robert B. Greifinger, MD, as healthcare monitor, to monitor the defendants' compliance with the Settlement Agreement and to work and consult with them as necessary. The defendants were required to pay all costs associated with the healthcare monitor's services.

On March 3, 2000, the plaintiffs filed a non-compliance civil action, seeking monetary and injunctive relief alleging that the defendants were not complying with the settlement. The appointed health care monitor submitted a status report to the court on March 7, 2000, detailing areas in need of improvement at the jail. On April 11, 2000, the court (Judge Shoob) entered an order adopting the recommendations of the report, including that the scope of the settlement agreement reached to intake processes and medical care for all inmates, and aspects of communicable diseases. Furthermore, the agreement required the elimination of overcrowding at the jail. Foster v. Fulton Co., No. 1:99-CV-900-MHS, 2000 WL 34016360 (N.D. Ga. Apr. 11, 2000).

For approximately the next two years, the monitors continued to submit status reports, and the defendants continued to adjust policies to comply with the court's orders.

On November 5, 2001, the court directed the parties to respond to the monitor's report that ten areas were "far from compliance" with the settlement agreement. On April 16, 2002, the court (Judge Shoob) issued an order finding the defendants in breach of the settlement agreement, and requiring them to employ a sufficient number of trained staff, to refer HIV-positive inmates to outside specialists in a timely manner, and to improve overall jail conditions, including overcrowding, security, and nutrition. Foster v. Fulton Co., 223 F. Supp. 2d 1292 (N.D. Ga. 2002).

On July 12, 2002, the court (Judge Shoob) denied the defendants' motion to stay implementation of actions ordered in the April 12, 2002 opinion. The court held that the defendants were required to develop a unified system for providing counsel and the opportunity to review their charges for detainees within 72 hours of arrest, and to develop a meaningful discharge plan for physically and mentally ill prisoners. Foster v. Fulton Co., 223 F. Supp. 2d 1301 (N.D. Ga. 2002).

According to the PACER docket, on October 28, 2002, the court (Judge Shoob) withdrew portions of its orders issued on April 12, 2002, and on July 12, 2002, required the appointment of counsel to indigents charged with minor offenses and the provision of all purpose hearings in state court within 72 hours of arrest to combat overcrowding.

On November 13, 2002 the Court terminated the case, with the consent of all parties, after the county promised to continue outside monitoring of jail health care for 18 months. The docket reflects no further entries regarding the litigation of this case. In 2003 and 2005 the plaintiffs filed copies of the notice they posted in the jail detailing the terms of the settlement. In addition, in 2011 there was an entry regarding "unclaimed exhibits," which the plaintiffs' attorneys then retrieved. The case is now closed.

Summary Authors

Laura Uberti (6/27/2006)

Jessica Kincaid (4/7/2016)

Elizabeth Heise (10/16/2018)

People


Judge(s)

Shoob, Marvin Herman (Georgia)

Attorneys(s) for Plaintiff

Barrett, Jacquelyn (Georgia)

Bright, Stephen B. (Georgia)

Caldas, Tamara S. (Georgia)

Gardner, Brenda Loyce (Georgia)

Huffman, Katharine Aiken (Georgia)

Kenn, Mike (Georgia)

Rowan, Milton Dale (Georgia)

Rundlet, Alexander Taylor (Georgia)

Serwer, Tamara H. (Georgia)

Judge(s)

Shoob, Marvin Herman (Georgia)

Attorneys(s) for Plaintiff

Barrett, Jacquelyn (Georgia)

Bright, Stephen B. (Georgia)

Caldas, Tamara S. (Georgia)

Gardner, Brenda Loyce (Georgia)

Huffman, Katharine Aiken (Georgia)

Kenn, Mike (Georgia)

Rowan, Milton Dale (Georgia)

Rundlet, Alexander Taylor (Georgia)

Serwer, Tamara H. (Georgia)

Toone, Robert E. Jr. (Georgia)

West, Thomas McKee (Georgia)

Attorneys(s) for Defendant

Brantley, Overtis Hicks (Georgia)

Dancy, Rolesia Butler (Georgia)

Hicks, Charles George (Georgia)

Johnson, Deana Simon (Georgia)

Mitchell, William T. (Georgia)

Nash, Paula Morgan (Georgia)

Rosenberg, Steven E. (Georgia)

Documents in the Clearinghouse

Document

1:99-cv-00900

Docket (PACER)

Jan. 28, 2011

Jan. 28, 2011

Docket
9

1:99-cv-00900

First Amended Complaint

April 15, 1999

April 15, 1999

Complaint
58

1:99-cv-00900

Final Settlement Agreement

Jan. 24, 2000

Jan. 24, 2000

Order/Opinion
71

1:99-cv-00900

Reported Opinion

2000 WL 34016360

April 11, 2000

April 11, 2000

Order/Opinion
144

1:99-cv-00900

Order

223 F.Supp.2d 1292

April 16, 2002

April 16, 2002

Order/Opinion
163

1:99-cv-00900

Order

223 F.Supp.2d 1301

July 12, 2002

July 12, 2002

Order/Opinion

Resources

Docket

Last updated Aug. 11, 2022, 3:19 a.m.

ECF Number Description Date Link Date / Link
1

Class Action COMPLAINT filed and summons issued. Consent form to proceed before U.S. magistrate and pretrial instructions given to attorney FILING FEE $ 150.00 RECEIPT # 437510 (as) (Entered: 04/14/1999)

April 8, 1999

April 8, 1999

2

ANSWERS TO MANDATORY DISCLOSURES by plaintiffs (as) (Entered: 04/14/1999)

April 8, 1999

April 8, 1999

3

MOTION by plaintiffs for class certification with brief in support. (as) (Entered: 04/14/1999)

April 8, 1999

April 8, 1999

4

MOTION by plaintiff for preliminary injunction with brief in support. (as) (Entered: 04/14/1999)

April 8, 1999

April 8, 1999

4

Application for admission of Tamara H. Sewer pro hac vice for plas. (to: MHS) (er) (Entered: 04/21/1999)

April 8, 1999

April 8, 1999

5

ORDER by Judge Marvin H. Shoob granting plas' second application for writ of habeas corpus add testificandum and DIRECTS the clerk to issue a writ directed to the Fulton County Sheriff for production of the following inmates of the Fulton County Jail to testify at the hearing to be held on 4/16/99 at 9:30 a.m. (cc) (er) (Entered: 04/16/1999)

April 13, 1999

April 13, 1999

WRITS IF HABEAS CORPUS AD TESTIFICANDUM ISSUED for the following inmates of the Fulton County Jail: Ruben Foster, George Leland, Anthony William, Tony Martin, Lucas James, Grady McGlothlin, Richard Malicote, and Willie Hightower to testify at the hearing to be held 4/16/99 before Judge Marvin H. Shoob. (copies to USM) (er) Modified on 08/23/1999 (Entered: 04/16/1999)

April 13, 1999

April 13, 1999

6

MOTION by plas for issuance of writs of habeas corpus ad testificandum with brief in support. (er) (Entered: 04/21/1999)

April 13, 1999

April 13, 1999

7

SECOND MOTION by plas for issuance of writs of habeas corpus and testificandum with brief in support. (er) (Entered: 04/21/1999)

April 13, 1999

April 13, 1999

8

Attorney appearance for plas Ruben Foster, George West, Anthony Williams, Tony Martin, Lucas James, Grady McGlothlin, Richard Malicoate, Willie Hightower by ROBERT EARL TOONE. (er) (Entered: 04/21/1999)

April 15, 1999

April 15, 1999

9

FIRST AMENDED COMPLAINT by plaintiffs. (er) (Entered: 04/21/1999)

April 15, 1999

April 15, 1999

10

AMENDED ANSWERS TO MANDATORY DISCLOSURES by plaintiffs. (er) (Entered: 04/21/1999)

April 15, 1999

April 15, 1999

11

Motion HEARING held before Judge Marvin H. Shoob [4−1] on plas' motion for prel. inj. Plas announced that a settlement has been reached for the prel. inj. Court scheduled a hearing on the class certification issue for Friday 4/23/99 at 10:00 a.m. and scheduled the trial for Monday, 7/26/99 at 9:30 a.m. (er) Modified on 04/22/1999 (Entered: 04/22/1999)

April 16, 1999

April 16, 1999

12

Stipulation and agreement of plas and dfts The Fulton−Dekalb Hospital Authority, Edward J. Renford, Stacey Steed, Robert Brown, W. Clyde Shepherd, Adam Smith, C. Christopher Hagy, Otis Smith, Sarah Sloan, Charles Glenn, Marla Coleman and John Malcolm. (to: MHS) (er) (Entered: 04/22/1999)

April 16, 1999

April 16, 1999

13

ORDER PURSUANT TO RULE 41 by Judge Marvin H. Shoob dismissing without prejudice based upon the stipulation and agreement of the parties; as to dfts The Fulton−Dekalb Hospital Authority, Edward J. Renford, Stacey Steed, Robert Brown, W. Clyde Shepherd, Adam Smith, C. Christopher Hagy, Otis Smith, Sarah Sloan, Charles Glenn, Marla Coleman, John Malcolm (cc) (er) (Entered: 04/22/1999)

April 16, 1999

April 16, 1999

ENDORSED ORDER by Judge Marvin H. Shoob GRANTING [4−1] appl. of Tamara H. Serwer to appear pro hac vice as counsel for the plas. (cc) (er) (Entered: 04/22/1999)

April 16, 1999

April 16, 1999

15

CONSENT ORDER by Judge Marvin H. Shoob GRANTING [3−1] plas' class certification (cc) (er) (Entered: 04/23/1999)

April 22, 1999

April 22, 1999

16

MOTION by plas to add party dft (Michael Hightower) . (er) (Entered: 04/30/1999)

April 28, 1999

April 28, 1999

17

ANSWER by Fulton County, Ga, Fulton County Board, Mike Kenn, Karen Webster, Tom Lowe, Bob Fulton, Emma I. Darnell, Nancy Boxill, Jacquelyn . Barrett, L. L. Briggs, George Herron to complaint [1−1] Discovery ends 9/27/99 (er) (Entered: 05/06/1999)

April 30, 1999

April 30, 1999

18

ANSWER by Correctional Health, Kevin Ramos, Harold Minerve, Eno Ikoku to complaint [1−1], [9−1] (er) (Entered: 05/06/1999)

May 3, 1999

May 3, 1999

19

CONSENT ORDER by Judge Marvin H. Shoob, extending time thru 5/3/99 for dfts Eno Ikoku, Harold Minerve, Kevin Ramos, and Correctional Health Services to file their answer to plas' [1−1] complaint. Answer due 5/3/99 for Eno Ikoku, Harold Minerve, Kevin Ramos, Correctional Health (cc) (er) (Entered: 05/08/1999)

May 3, 1999

May 3, 1999

Steno notes of proceedings held 4/16/99 before Judge Marvin H. Shoob, by Court Reporter Andy Ashley. (pa) (Entered: 05/04/1999)

May 4, 1999

May 4, 1999

20

Attorney appearance for plaintiffs by Milton Dale Rowan (er) (Entered: 05/18/1999)

May 11, 1999

May 11, 1999

21

MOTION by plas for appointment of Dr. Harold P. Katner as outside HIV Specialist with brief in support. (er) (Entered: 05/18/1999)

May 11, 1999

May 11, 1999

22

MOTION by dfts to appoint Dr. James P. Steinberg as outside HIV Expert with brief in support. (er) (Entered: 05/18/1999)

May 12, 1999

May 12, 1999

23

ANSWERS TO MANDATORY DISCLOSURES by dfts Correctional Health, Kevin Ramos, Harold Minerve, and Eno Ikoku. (er) (Entered: 05/20/1999)

May 12, 1999

May 12, 1999

24

RESPONSE by plas to [22−1] dfts' motion to appoint Dr. James P. Steinberg as outside HIV Expert. (er) (Entered: 05/20/1999)

May 14, 1999

May 14, 1999

26

REPLY BRIEF by dfts to [24−1] plas' opposition to appointment of Dr. James P. Steinberg as outside JIV Expert. (er) (Entered: 05/27/1999)

May 18, 1999

May 18, 1999

SUBMITTED to Judge Marvin H. Shoob on [16−1] plas' motion to add party dft (Michael Hightower) (er) (Entered: 05/19/1999)

May 19, 1999

May 19, 1999

25

ORDER by Judge Marvin H. Shoob GRANTING [16−1] motion to add party dft (Michael Hightower), (cc) (jaw) (Entered: 05/25/1999)

May 24, 1999

May 24, 1999

27

ORDER by Judge Marvin H. Shoob GRANTING [22−1] dfts' motion to appoint Dr. James P. Steinberg as outside HIV Expert Specialist and DENYING [21−1] plas' motion for appointment of Dr. Harold P. Katner as outside HIV Specialist. Within (10) days of the date of entry of this order, plas' counsel shall arrange a meeting with defense counsel and Dr. Steinberg to discuss and to reach agreement on how Dr. Steinberg will carry out his duties as Outside HIV Specialist. (cc) (er) (Entered: 06/04/1999)

June 2, 1999

June 2, 1999

28

RESPONSES TO MANDATORY DISCLOSURES by dfts Fulton County, Ga; Fulton County dfts' County Board of Commissioners (er) (Entered: 06/07/1999)

June 3, 1999

June 3, 1999

29

Certificate of interested persons. (to judge) (bek) (Entered: 06/14/1999)

June 4, 1999

June 4, 1999

30

ANSWER to amended complaint [9−1] by Michael Hightower, and joined by Fulton County, Ga, Fulton County Board, Mike Kenn, Karen Webster, Tom Lowe, Bob Fulton, Emma I. Darnell, Nancy Boxill, Jacquelyn . Barrett, L. L. Briggs,

June 8, 1999

June 8, 1999

32

RESPONSE by dfts Fulton County, Ga, Fulton County Board, Jacquelyn Barrett, L. L. Briggs, and George Herron to [31−1] plas' motion to compel disc. of aids confidential information. (er) (Entered: 07/16/1999)

July 14, 1999

July 14, 1999

33

ORDER by Judge Marvin H. Shoob GRANTING [31−1] plas' motion to compel disc. of aids confidential information (cc) (er) (Entered: 07/20/1999)

July 19, 1999

July 19, 1999

34

CONSENT ORDER by Judge Marvin H. Shoob, extending time thru 9/27/99 disc. period Discovery ends 9/27/99 (cc) (er) (Entered: 07/23/1999)

July 22, 1999

July 22, 1999

35

SECOND AMENDED ANSWERS TO MANDATORY DISCLOSURES by plaintiffs (as) Modified on 08/05/1999 (Entered: 07/28/1999)

July 23, 1999

July 23, 1999

36

THIRD AMENDED ANSWERS TO MANDATORY DISCLOSURES by plaintiffs. (as) Modified on 08/05/1999 (Entered: 08/05/1999)

Aug. 2, 1999

Aug. 2, 1999

37

RESPONSE by plas to dfts' objections to plas' request for entry upon land for inspection and other purposes. (er) (Entered: 08/06/1999)

Aug. 2, 1999

Aug. 2, 1999

38

CONSENT by parties to entry upon land order w/prop/order. (to: MHS) (er) (Entered: 08/06/1999)

Aug. 2, 1999

Aug. 2, 1999

39

ORDER by Judge Marvin H. Shoob approving [38−1] consent by parties to entry upon land order. (cc) (er) (Entered: 08/11/1999)

Aug. 9, 1999

Aug. 9, 1999

40

FOURTH AMENDED to [36−1] plas' mandatory interrogatories. (er) (Entered: 08/31/1999)

Aug. 27, 1999

Aug. 27, 1999

41

ORDER by Judge Marvin H. Shoob directing the Clerk to file the report submitted pursuant to the terms of the consent order filed 4/16/99 by James P. Steinberg, M.D. &DIRECTING the parties to file written responses to the report w/in (10) days of the date of entry of this order. [41−1] order to be submitted on 9/14/99 (cc) (er) (Entered: 08/31/1999)

Aug. 30, 1999

Aug. 30, 1999

42

REPORT of Outside HIV Specialist Dr. James P. Steinberg, submitted pursuant to the terms of the consent order filed 4/16/99. (er) (Entered: 08/31/1999)

Aug. 30, 1999

Aug. 30, 1999

43

Attorney appearance for dfts Fulton County, Ga, Fulton County Board, Mike Kenn, Karen Webster, Tom Lowe, Bob Fulton, Emma I. Darnell, Nancy Boxill, Jacquelyn Barrett, L. L. George Herron by Rolesia Butler Dancy (er) (Entered: 09/09/1999)

Sept. 7, 1999

Sept. 7, 1999

44

CONSENT ORDER by Judge Marvin H. Shoob, allowing plas and Fulton County dfts thru 9/17/99 to file responses to [42−1] Report of outside HIV Specialist. (cc) (er) (Entered: 09/17/1999)

Sept. 16, 1999

Sept. 16, 1999

45

FIFTH AMENDED RESPONSES TO MANDATORY DISCLOSURES by plas. (er) (Entered: 09/22/1999)

Sept. 17, 1999

Sept. 17, 1999

46

RESPONSE by plas to [42−1] Monitor's Report. (er) (Entered: 09/22/1999)

Sept. 17, 1999

Sept. 17, 1999

47

RESPONSE by dfts Fulton County, Ga, Fulton County Board, Jacquelyn . Barrett, L. L. Briggs, and George Herron to [42−1] Dr. Steinberg's Report. (er) (Entered: 09/22/1999)

Sept. 17, 1999

Sept. 17, 1999

48

MOTION by plas to compel disc. with brief in support. (er) (Entered: 09/22/1999)

Sept. 20, 1999

Sept. 20, 1999

49

RESPONSE by dfts Correctional Health, Kevin Ramos, Harold Minerve, Eno Ikoku in opposition to [48−1] plas' motion to compel disc. (er) (Entered: 10/01/1999)

Sept. 29, 1999

Sept. 29, 1999

50

ORDER by Judge Marvin H. Shoob GRANTING [48−1] plas' motion to compel disc. (cc) (er) (Entered: 10/04/1999)

Oct. 1, 1999

Oct. 1, 1999

52

PETITION for leave of absence of PAULA MORGAN NASH for the period of 12/1/99 thru 3/24/00 (to: MHS) (er) Modified on 10/29/1999 (Entered: 10/29/1999)

Oct. 26, 1999

Oct. 26, 1999

53

RESPONSE by dft Correctional Healthcare Solutions to [42−1] Report. (er) Modified on 10/29/1999 (Entered: 10/29/1999)

Oct. 28, 1999

Oct. 28, 1999

54

ORDER APPROVING [52−1] leave of absence of PAULA MORGAN NASH for the period of 12/1/99 thru 3/24/00; approved by ct/clerk. (cc) (er) (Entered: 11/03/1999)

Nov. 1, 1999

Nov. 1, 1999

55

Joint MOTION to provide notice of class action settlement with proposed order and proposed notice (to MHS) (bsm) (Entered: 01/12/2000)

Jan. 10, 2000

Jan. 10, 2000

56

ORDER by Judge Marvin H. Shoob GRANTING [55−1] jt motion to provide notice of class action settlement hearing on 1/24/00; w/NTC of Class Action Settlement (cc) (er) (Entered: 01/14/2000)

Jan. 11, 2000

Jan. 11, 2000

57

HEARING HELD before Judge Marvin Shoob; three (3) letters from members of the class filed. The court found the settlement agreement acceptable &signed the final order. (er) (Entered: 01/25/2000)

Jan. 24, 2000

Jan. 24, 2000

58

FINAL SETTLEMENT AGREEMENT signed by Judge Marvin H. Shoob. (cc) (er) (Entered: 01/25/2000)

Jan. 24, 2000

Jan. 24, 2000

Case terminated. (er) (Entered: 01/25/2000)

Jan. 24, 2000

Jan. 24, 2000

Steno notes of proceedings held 01/24/00 before Judge Marvin H. Shoob , by Court Reporter Martha Frutchey. (crc) (Entered: 02/09/2000)

Feb. 9, 2000

Feb. 9, 2000

59

MOTION by plaintiff's counsel to withdraw by Robert Earl Toone Jr. as attorney for Ruben Foster, George West, Anthony Williams, Tony Martin, Lucas James, Grady McGlothlin with proposed order. (bek) (Entered: 02/16/2000)

Feb. 10, 2000

Feb. 10, 2000

60

ORDER by Judge Marvin H. Shoob, directing the Clerk to file Mr. Jone's pleading entitled "Amended Non−Compliance Civil Action of Ruben Foster, et al. vs. Fulton County, Ga, et al., No. 1:99−cv−900−MHS Seeking Monetary Relief and Injunctive Relief" and to mail copies to all counsel, as well as to the Correctional Healthcare Monitor, Dr. Robert B. Greifinger. (cc/pla, cc/Mr. Jones, &cc) (er) Modified on 03/06/2000 (Entered: 03/03/2000)

March 3, 2000

March 3, 2000

61

AMENDED Non−compliance Civil Action of Ruben Foster et., vs. Fulton County, Ga, et al., No. 1:99−cv−900−MHS Seeking Monetary Relief and Injunctive Relief by Jeffrie A. Jones. (er) (Entered: 03/03/2000)

March 3, 2000

March 3, 2000

62

REPORT ON MEDICAL CARE for HIV−Infected Inmates at Fulton County Jail by Correctional Health Care Monitor. (er) (Entered: 03/08/2000)

March 7, 2000

March 7, 2000

SUBMITTED to Judge Marvin H. Shoob on [59−1] motion to withdraw by Robert Earl Toone Jr. as attorney for Ruben Foster, George West, Anthony Williams, Tony Martin, Lucas James, Grady McGlothlin. (er) (Entered: 03/10/2000)

March 10, 2000

March 10, 2000

63

ORDER by Judge Marvin H. Shoob, directing plas and dfts to file responses to Dr. Greifinger's report no later than 3/24/00. Further DIRECTS defense counsel to provide copies of this order and Dr. Greifinger's report to each of the individidually named dfts. [63−1] order to be submitted on 3/27/00 (cc) (er) (Entered: 03/14/2000)

March 13, 2000

March 13, 2000

Copy of [60−1] order mailed to pla Jeffrie A. Jones, ret'd marked "Inmate released from facility" (er) (Entered: 03/16/2000)

March 13, 2000

March 13, 2000

64

MOTION by dfts Correctional Health, Kevin Ramos, Harold Minerve, and Eno Ikoku to withdraw as parties to this action withk affidavit in support. (er) (Entered: 03/22/2000)

March 17, 2000

March 17, 2000

66

AMENDMENT TO MOTION by dfts Correctional Health, Kevin Ramos, Harold Minerve, and Eno Ikoku amending [64−1] motion to withdraw as parties to this action. (er) (Entered: 03/29/2000)

March 23, 2000

March 23, 2000

67

RESPONSE by plas to monitor's first report of compliance with final settlement agreement. (er) (Entered: 03/29/2000)

March 24, 2000

March 24, 2000

68

RESPONSE by "Fulton County Dfts" to Monitor's Report. (er) (Entered: 03/29/2000)

March 24, 2000

March 24, 2000

69

RESPONSE by dft Correctional Healthcare Solutions to Dr. Greifinger's initial report. (er) (Entered: 03/29/2000)

March 24, 2000

March 24, 2000

70

An interim report of the Correctional Healthcare Monitor. (er) (Entered: 04/04/2000)

April 3, 2000

April 3, 2000

SUBMITTED to Judge Marvin H. Shoob on [64−1] dfts Correctional Health, Kevin Ramos, Harold Minerve, and Eno Ikoku's motion to withdraw as parties to this action, [66−1] amended motion [64−1] to withdraw as parties to this action. *** FILE IN CHAMBERS *** (er) (Entered: 04/06/2000)

April 6, 2000

April 6, 2000

71

ORDER by Judge Marvin H. Shoob (see order for more details) &directing counsel for the County dfts to provide copies of this order and Dr. Greifinger's interim report, as well as copies of all future orders and reports, to each of the individual County dfts. (cc &c/Mr. Greifinger) (er) Modified on 04/12/2000 (Entered: 04/12/2000)

April 11, 2000

April 11, 2000

SUBMITTED to Judge Marvin H. Shoob on [65−1] motion to withdraw by Katharine Aiken Huffman as attorney for plaintiffs. *** FILE IN CHAMBERS *** (er) (Entered: 04/17/2000)

April 17, 2000

April 17, 2000

72

Notice of change of address by counsel of record for the CHS dfts. (cc to admin for update) (er) Modified on 05/08/2000 (Entered: 04/26/2000)

April 19, 2000

April 19, 2000

73

STATUS REPORT on jail overcrowding by dfts Fulton County, Ga; Fulton County Board of Commissioners, Mike Kenn, Karen Webster, Tom Lowe, Bob Fulton, Emma I. Darnell, Michael Hightower, Nancy Boxill; Jacquelyn Barrett; L.L. Briggs; and George Herron. (er) (Entered: 04/27/2000)

April 24, 2000

April 24, 2000

74

ORDER by Judge Marvin H. Shoob GRANTING [64−1] [66−1] motion to withdraw Kevin Ramos, Harold Minerve, and Eno Ikoku as parties to this action and dismisses them as dfts in this action by Correctional Healthcare Solutions; GRANTING [59−1] [65−1] the motions to withdraw filed by plas' counsel, Robert E. Toone and Katherine A. Huffman; GRANTING the request by the Correctional Healthcare Monitor, Dr. Greifinger, for an extension of time until 6/1/00, to file his next quarterly report; &ORDER dfts to submit w/in (30) days of the date of entry of this order a detailed plan to reduce overcrowding, including a specific timetable for reduction of the jail's population to at or below its rated physical capacity. [74−1] order to be submitted on 6/5/00 (cc &cc/Mr. Greifinger) (er) (Entered: 05/04/2000)

May 4, 2000

May 4, 2000

Terminated submissions. (aar) (Entered: 08/01/2001)

May 4, 2000

May 4, 2000

75

Notice of filing the "Report on Dental Care at Fulton County Jail: Initial Assessment" by Dr. Robert B. Greifinger, Correctional Health Monitor Services. (er) (Entered: 05/10/2000)

May 8, 2000

May 8, 2000

76

CONSENT ORDER by Judge Marvin H. Shoob, extending time thru 6/19/00 for dfts to respond to [74−1] order . [74−1] order to be submitted on 6/19/00 (cc) (er) (Entered: 05/17/2000)

May 16, 2000

May 16, 2000

77

ORDER by Judge Marvin H. Shoob, that in conjuction with the detailed plan to reduce overcrowding that the County is to submit to the Court by 6/19/00, ORDERS the County also to provide the information (see order for more details), as of on or about 5/31/00 [77−1] order to be submitted on 6/20/00 (cc, cc/Dr. Greifingeri, &cc/Sup/Ct−Judges) (er) Modified on 05/25/2000 (Entered:

May 25, 2000

May 25, 2000

79

RESPONSE by Fulton County defts to [74−1] [75−1] orders. (er) (Entered: 06/20/2000)

June 19, 2000

June 19, 2000

80

ORDER by Judge Marvin H. Shoob, directing dft Fulton County to show cause for its failure to comply with 4/11/00 order; DIRECTING plas' counsel to submit a reply by 7/5/00, to the Fulton County dfts' response to the court's 5/4 and 5/25 orders. show cause hearing on 7/7/00 at 10:00 a.m. (cc) (er) (Entered: 06/28/2000)

June 27, 2000

June 27, 2000

81

AFFIDAVIT of Lloyd Baccus, M.D. relating to the performance of physical healthcare services under the Emergency Contract between Fulton Co. and CMA, and payment issues. (er) (Entered: 06/29/2000)

June 28, 2000

June 28, 2000

82

RESPONSE by Fulton County defts to [80−1] show cause order. (er) (Entered: 07/10/2000)

July 5, 2000

July 5, 2000

83

REPLY by plas to Fulton County dfts' response to [74−1] [77−1] court's orders. (er) (Entered: 07/10/2000)

July 5, 2000

July 5, 2000

84

ORDER by Judge Marvin H. Shoob, directing dfts to file supplemental reports every 30 days, beginning 8/1/00 and continuing until the inmate population at the Fulton County Jail is at or below capacity for three consecutive months. [84−1] order to be submitted on 8/4/00 (cc) (er) (Entered: 07/24/2000)

July 21, 2000

July 21, 2000

85

RESPONSE by Fulton County dfts to [84−1] order. (er) (Entered: 08/04/2000)

Aug. 1, 2000

Aug. 1, 2000

86

REPLY by plas to [85−1] defts' response to Court's 7/21/00 order. (er) (Entered: 08/18/2000)

Aug. 16, 2000

Aug. 16, 2000

87

ORDER by Judge Marvin H. Shoob, conference set for 8/25/00 at 2:30 (cc) (er) (Entered: 08/22/2000)

Aug. 21, 2000

Aug. 21, 2000

88

HEARING HELD before Judge Marvin H. Shoob pursuant to 8/21/00 order. Everyone to meet on Monday with Dr. Greiginger to try to come to an agreement on the amount of the contract. Hearing held on 8/28/00 at 4:00p.m. Parties met in chambers to announce the matter settled. (not reported) Order to be entered encompassing agreement &the terms of the Court. (er) Modified on 09/01/2000 (Entered: 08/31/2000)

Aug. 25, 2000

Aug. 25, 2000

89

ORDER by Judge Marvin H. Shoob directing Fulton County to pay all past due invoices from Dr. Greifinger w/in (10) days from the date of this order and to pay all future invoices promptly. (cc) (er) Modified on 09/01/2000 (Entered: 08/29/2000)

Aug. 28, 2000

Aug. 28, 2000

90

REPORT on Medial Care for HIV−Infected Inmates at Fulton County Jail by dft Correctional Health Care Monitor. (er) Modified on 09/01/2000 (Entered: 08/30/2000)

Aug. 28, 2000

Aug. 28, 2000

91

ORDER by Judge Marvin H. Shoob, directing the County to enter into a contract with CMA containing substantive terms and conditions: (see order for more details on terms and conditions) (cc) (er) Modified on 09/01/2000 (Entered: 08/30/2000)

Aug. 29, 2000

Aug. 29, 2000

92

Notice of filing Fulton County defts' September 1, 2000 update on Jail Population Plan. (er) (Entered: 09/06/2000)

Sept. 1, 2000

Sept. 1, 2000

93

REPORT on Dental Care at Fulton County Jail. (er) (Entered: 09/15/2000)

Sept. 13, 2000

Sept. 13, 2000

Case Details

State / Territory: Georgia

Case Type(s):

Jail Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: April 8, 1999

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All present and future HIV-positive inmates at the Fulton County Jail.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Southern Center for Human Rights (SCHR)

Public Interest Lawyer: Yes

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Fulton County Jail (Fulton), County

Defendant Type(s):

Corrections

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

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: 2000 - 2015

Content of Injunction:

Hire

Monitoring

Preliminary relief granted

Issues

General:

Access to lawyers or judicial system

Sanitation / living conditions

Staff (number, training, qualifications, wages)

Crowding:

Crowding / caseload

Affected Gender:

Female

Male

Medical/Mental Health:

HIV/AIDS

Medical care, general

Medical care, unspecified

Medication, administration of

Type of Facility:

Government-run