Case: Epps v. Levine

1:73-00525 | U.S. District Court for the District of Maryland

Filed Date: May 23, 1973

Closed Date: Feb. 6, 1980

Clearinghouse coding complete

Case Summary

In 1973, pre-trial detainees filed a complaint in federal district court for the District of Maryland against officials of the Maryland Division of Correction, three state trial court judges, and the wardens of the Baltimore City and County jails. Under Section 1983, plaintiffs challenged defendants' procedures for transferring pretrial detainees from city and county jail to the custody of the Division of Correction. At some point, the Prisoner Assistance Project of the Legal Aid Bureau agree…

In 1973, pre-trial detainees filed a complaint in federal district court for the District of Maryland against officials of the Maryland Division of Correction, three state trial court judges, and the wardens of the Baltimore City and County jails. Under Section 1983, plaintiffs challenged defendants' procedures for transferring pretrial detainees from city and county jail to the custody of the Division of Correction. At some point, the Prisoner Assistance Project of the Legal Aid Bureau agreed to represent plaintiffs.

In 1978, plaintiffs moved for summary judgment seeking declaratory and injunctive relief. The District Court (Judge James R. Miller, Jr.) denied plaintiffs' motion for summary judgment. Epps v. Levine, 457 F. Supp. 561 (D. Md. 1978). In 1979, plaintiffs moved for summary judgment challenging the conditions of confinement under section 1983. Judge Miller denied plaintiffs' motion, holding that the plaintiffs failed to show that the conditions imposed were for a punitive purpose or clearly in excess of the legitimate governmental interest of maintaining security and order. Epps v. Levine, 480 F. Supp. 50 (D. Md. 1979). Finally, in February 1980, Judge Miller entered a consent decree establishing procedures for the purpose of assuring ""that pre-trial detainees are detained with the least restrictions necessary to accomplish the State's interest in insuring that they appear at trial and in maintaining security and order within its institution."" Epps v. Levine, 484 F. Supp. 474 (D. Md. 1980).

There was no PACER docket available for this case.

Summary Authors

Eoghan Keenan (5/25/2005)

People


Judge(s)

Miller, James Rogers Jr. (Maryland)

Attorneys(s) for Plaintiff

Coshnear, Lawrence B. (Maryland)

Elcano, Mary S. (Maryland)

Fishman, Richard G. (Maryland)

North, Richard L. (Maryland)

Attorneys(s) for Defendant

Caplis, Stephen B. (Maryland)

Frankel, Henry J. (Maryland)

Grossman, Glenn M. (Maryland)

Holzer, J. Carroll (Maryland)

Hughes, William (Maryland)

Judge(s)

Miller, James Rogers Jr. (Maryland)

Attorneys(s) for Plaintiff

Coshnear, Lawrence B. (Maryland)

Elcano, Mary S. (Maryland)

Fishman, Richard G. (Maryland)

North, Richard L. (Maryland)

Attorneys(s) for Defendant

Caplis, Stephen B. (Maryland)

Frankel, Henry J. (Maryland)

Grossman, Glenn M. (Maryland)

Holzer, J. Carroll (Maryland)

Hughes, William (Maryland)

Kane, Thomas R. (Maryland)

Klair, James G. (Maryland)

Russell, George L. Jr. (Maryland)

Stafford, John P. Jr. (Maryland)

Documents in the Clearinghouse

Document

Memorandum

457 F.Supp. 561, 1978 U.S.Dist.LEXIS 16682

July 11, 1978 Order/Opinion

Memorandum and Order

480 F.Supp. 50, 1979 U.S.Dist.LEXIS 9900

Sept. 11, 1979 Order/Opinion

Consent Decree

484 F.Supp. 474, 1980 U.S.Dist.LEXIS 11338

Feb. 6, 1980 Order/Opinion

Docket

Last updated May 12, 2022, 8 p.m.

Docket sheet not available via the Clearinghouse.

State / Territory: Maryland

Case Type(s):

Prison Conditions

Key Dates

Filing Date: May 23, 1973

Closing Date: Feb. 6, 1980

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Detainees who were being held in the Maryland Penitentiary while awaiting trial in Maryland courts seeking to restrain the state from imposing certain conditions of confinement upon them

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Maryland Penitentiary, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Availably Documents:

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1980 - None

Issues

General:

Access to lawyers or judicial system

Administrative segregation

Education

Food service / nutrition / hydration

Law library access

Library (non-law) access

Protective custody

Recreation / Exercise

Sanitation / living conditions

Visiting

Crowding:

Crowding / caseload

Type of Facility:

Government-run