Case: Brown v. Beck

1:77-cv-00056 | U.S. District Court for the Southern District of Georgia

Filed Date: April 28, 1977

Closed Date: 1998

Clearinghouse coding complete

Case Summary

On April 28, 1977, plaintiffs filed a class action suit against officials at the Richmond County Jail ("Richmond") in Augusta, Georgia. The United States District Court in the Southern District of Georgia certified the class and subsequently created sub-classes. After a year of litigation, the parties negotiated a stipulation, and the court entered a consent decree in 1978. A year later, plaintiffs filed a motion for a judgment of contempt because of inadequate medical treatment of an inmate…

On April 28, 1977, plaintiffs filed a class action suit against officials at the Richmond County Jail ("Richmond") in Augusta, Georgia. The United States District Court in the Southern District of Georgia certified the class and subsequently created sub-classes. After a year of litigation, the parties negotiated a stipulation, and the court entered a consent decree in 1978. A year later, plaintiffs filed a motion for a judgment of contempt because of inadequate medical treatment of an inmate. The District Court (Judge Dudley Bowen) denied plaintiffs' motion. Brown v. Beck, 481 F. Supp. 723 (S.D. Ga. 1980).

By late 1996, the defendants had still not complied with the consent decree, and the District Court (Judge Bowen) issued an Order directing the transfer of prisoners to alleviate overcrowding, and also ordered the hiring of additional staff. In September of 1997, plaintiffs moved for a show cause order, asking the Court to order defendants to show why further relief should not be granted and why defendants should not be held in contempt. The Court granted the motion and set a show cause hearing. At the hearing, the Court (Judge Bowen) ordered defendants to submit daily reports to the Court until further notice. Four days later, on September 29, 1997, the Court issued an Order establishing a timetable for the mandatory decrease in jail population, to be achieved by the year's end, and setting deadlines for the establishment of programs aimed at maintaining a clean environment and conducting operational maintenance of the facility. The Court further ordered that daily reports on the inmate population were to be made to the Court until further notice. A few months later, the Court granted plaintiffs' motion for interim attorneys' fees.

On December 19, 1997, the defendants moved to dismiss and close the case. In their motion, defendants stated that on November 19, the Augusta-Richmond County Detention Center opened and inmates from Richmond were transferred to that facility. As a result, the overcrowding at Richmond had been remedied. Defendants also contended that they had cured all deficiencies and made all repairs as set forth in the Court's September 29 Order. Plaintiffs did not respond to the motion. At a February 2, 1998 hearing, the Court granted defendants' motion, dismissing the case. The Court also granted plaintiffs' final motions for attorneys' fees.

Summary Authors

Lauren Cutson (5/20/2005)

Dan Whitman (11/2/2014)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/19091238/parties/rogers-v-webster/


Judge(s)

Bowen, Dudley Hollingsworth Jr. (Georgia)

Attorneys(s) for Plaintiff

Cromartie, John L. Jr. (Georgia)

Cullen, Robert W. (Georgia)

Miller, Martha A. (Georgia)

Wilkinson, Charles L. III (Georgia)

Attorneys(s) for Defendant

Atkinson, Kirby G. (Georgia)

Bolton, Arthur K. (Georgia)

Childers, Neal B. (Georgia)

Daniel, Robert C. Jr. (Georgia)

Harris, Roy V. (Georgia)

Judge(s)

Bowen, Dudley Hollingsworth Jr. (Georgia)

Attorneys(s) for Plaintiff

Cromartie, John L. Jr. (Georgia)

Cullen, Robert W. (Georgia)

Miller, Martha A. (Georgia)

Wilkinson, Charles L. III (Georgia)

Attorneys(s) for Defendant

Atkinson, Kirby G. (Georgia)

Bolton, Arthur K. (Georgia)

Childers, Neal B. (Georgia)

Daniel, Robert C. Jr. (Georgia)

Harris, Roy V. (Georgia)

Jackson, Stanley G. (Georgia)

Revell, Harry D. (Georgia)

Wall, James B. (Georgia)

Documents in the Clearinghouse

Document

1:77-cv-00056

Docket [PACER]

Rogers v. Webster

March 11, 2010

March 11, 2010

Docket

1:77-cv-00056

Order

481 F.Supp. 723

Jan. 9, 1980

Jan. 9, 1980

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/19091238/rogers-v-webster/

Last updated Aug. 10, 2022, 1:02 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT and Order to proceed in forma pauperis. (bmm) (Entered: 10/17/1996)

April 28, 1977

April 28, 1977

PACER

Case closed (bmm)

May 2, 1978

May 2, 1978

PACER

See manual docket sheet for docket entries. (bmm) Modified on 10/17/1996

Oct. 16, 1996

Oct. 16, 1996

PACER
171

ORDER substituting the current governing body of Richmond County as the proper party defts. ( signed by Judge Dudley H. Bowen Jr. ); copies served. (bmm) (Entered: 10/17/1996)

Oct. 16, 1996

Oct. 16, 1996

PACER
172

ORDER directing transfer of prisoners and hiring of additional staff; report to be furnished to Court. ( signed by Judge Dudley H. Bowen Jr. ); copies served. (bmm) (Entered: 10/21/1996)

Oct. 21, 1996

Oct. 21, 1996

PACER
173

ORDER directing the establishment of a Detention council by 11/1/96; periodic reports to be furnished to the Court ( signed by Judge Dudley H. Bowen Jr. ); copies served. (bmm) (Entered: 10/21/1996)

Oct. 21, 1996

Oct. 21, 1996

PACER
174

TRANSCRIPT of hearing on the overcrowding and what might be done to alleviate it for dates of 10/15/96. (llh) (Entered: 10/29/1996)

Oct. 28, 1996

Oct. 28, 1996

PACER
175

MOTION by David Rogers, Maddlyn Johnson to Show Cause why further relief should not be granted and why dfts should not be held in contempt with brief in support. (esf) (Entered: 09/12/1997)

Sept. 12, 1997

Sept. 12, 1997

PACER
176

ORDER allowing Charles L. Wilkinson, III, atty for pltfs, to take a video camera into the jail facilities at the Joint Law Enforcement Center and be permittd to video any of the floors, the individual rooms in the facility, the guard towers, the recreational facilities, the showers and other such places within the Joint Law Enforcement Center as he deems necessary to show this Court the status and condition of the facility; he will keep custody of the video tape until a hearing is held before this Court and shall not make any reproductions of the tape unless otherwise directed by this Court ( signed by Chief Judge Dudley H. Bowen Jr ); copies served. (esf) (Entered: 09/15/1997)

Sept. 12, 1997

Sept. 12, 1997

PACER
177

ORDER granting [175-1] motion to Show Cause why further relief should not be granted and why dfts should not be held in contempt, set Show Cause Hearing for 1:00 9/25/97 before Chief Judge Dudley H. Bowen Jr ( signed by Chief Judge Dudley H. Bowen Jr ); copies served. (esf) (Entered: 09/15/1997)

Sept. 12, 1997

Sept. 12, 1997

PACER
178

MOTION/REQUEST by David Rogers, Maddlyn Johnson FOR ORDER FOR PRODUCTION OF WITNESSES with brief in support. (esf) (Entered: 09/25/1997)

Sept. 23, 1997

Sept. 23, 1997

PACER
179

ORDER granting [178-1] motion FOR ORDER FOR PRODUCTION OF WITNESSES; directing Sheriff Charles Webster and Chief Charles Toole produce the persons of Alonzo Abrams, Hazel Stevens, Eugenia Jackson, Clifford Hardy, Hosea Allen and Odell James at the hearing scheduled for 9/25/97 ( signed by Magistrate Judge W. Leon Barfield ); copies served. (esf) (Entered: 09/25/1997)

Sept. 23, 1997

Sept. 23, 1997

PACER
181

Witness and Exhibit list by David Rogers, Maddlyn Johnson, Charles B. Webster, Charles Toole, Larry E. Sconyers, Lee Beard, Ulmer Bridges, Jerry Brigham, Henry H. Brigham, William B. Kuhlke Jr., William H. Mays II, J. B. Powell, Moses Todd, Robert Zetterberg, Daniel J. Craig (esf) (Entered: 09/30/1997)

Sept. 25, 1997

Sept. 25, 1997

PACER

Evidentiary Hearing held; the Court directed that daily jail reports be submitted by fax to the Court until further directed. Additional testimony to be received at hearing to be set. Court Reporter: D. Dueringer (esi)

Sept. 25, 1997

Sept. 25, 1997

PACER

Evidentiary Hearing held; Finding of the Court entered. Written order to follow. Court Reporter: D. Dueringer (esi)

Sept. 26, 1997

Sept. 26, 1997

PACER
180

ORDER directing that the Sheriff of Richmond County and the Mayor and Commission of Richmond County shall maintain the following maximum inmate population at the Richmond County Jail within the Joint Law Enforcement Center: from 9/29/97 until 10/6/97-500 inmates, from 10/7/97 until 10/20/97-480 inmates, from 10/21/97 until 11/30/97-460 inmates, from 12/01/97 forward-340 inmates; a program for maintaining a clean environment at the jail be developed and presented to this Court by 5:00 p.m. on 10/01/97; that a program for improving the operational maintenance of the jail facility be developed and presented to this Court by 5:00 p.m. 10/01/97; that the Defendants provide a daily report of the inmate population level to this Court until directed otherwise. ( signed by Chief Judge Dudley H. Bowen Jr ); copies served. (esf) (Entered: 09/29/1997)

Sept. 29, 1997

Sept. 29, 1997

PACER

Certificate of Exhibit Custodian forwarded to Sue Ingram. (esf)

Sept. 30, 1997

Sept. 30, 1997

PACER
182

RESPONSE TO ORDER by defendant Charles B. Webster, defendant Charles Toole, in reference to [180-1] order (esf) (Entered: 10/01/1997)

Oct. 1, 1997

Oct. 1, 1997

PACER
183

MOTION by David Rogers, Maddlyn Johnson for Interim Attorney Fees with brief in support. (esf) (Entered: 10/10/1997)

Oct. 10, 1997

Oct. 10, 1997

PACER
184

ORDER granting [183-1] motion for Interim Attorney Fees; defendants to pay Charles L. Wilkinson, III the sum of $13,264.50 ( signed by Chief Judge Dudley H. Bowen Jr ); copies served. (esf) (Entered: 11/12/1997)

Nov. 12, 1997

Nov. 12, 1997

PACER
185

MOTION by Robert Zetterberg, Moses Todd, J. B. Powell, William H. Mays II, William B. Kuhlke Jr., Henry H. Brigham, Jerry Brigham, Ulmer Bridges, Lee Beard, Larry E. Sconyers, Charles Toole, Charles B. Webster to Dismiss and close case with brief in support. (esf) Additional attachment(s) added on 6/20/2005 (web). (Entered: 12/19/1997)

Dec. 19, 1997

Dec. 19, 1997

PACER
186

MEMORANDUM by Robert Zetterberg, Moses Todd, J. B. Powell, William H. Mays II, William B. Kuhlke Jr., Henry H. Brigham, Jerry Brigham, Ulmer Bridges, Lee Beard, Larry E. Sconyers, Charles Toole, Charles B. Webster in support of [185-1] motion to Dismiss and close case by defendant (esf) Additional attachment(s) added on 6/20/2005 (web). (Entered: 12/19/1997)

Dec. 19, 1997

Dec. 19, 1997

PACER
187

AFFIDAVIT by Charles Toole Re: [185-1] motion to Dismiss and close case by defendant (esf) Additional attachment(s) added on 6/20/2005 (web). (Entered: 12/19/1997)

Dec. 19, 1997

Dec. 19, 1997

PACER
188

RESPONSE by Maddlyn Johnson, David Rogers to [185-1] motion to Dismiss and close case by defendant (esf) (Entered: 01/07/1998)

Jan. 6, 1998

Jan. 6, 1998

PACER
189

ORDER TO SHOW CAUSE WHY THIS COURT SOULD NOT CLOSE AND DISMISS THIS CASE: Show Cause Hearing set for 10:00 2/2/98 in Courtroom #2 USDC Augusta; further ordering Plaintiffs' class counsel to submit a final statement of professional services prior to the hearing ( signed by Chief Judge Dudley H. Bowen Jr ); copies served. (esf) Additional attachment(s) added on 6/20/2005 (web). (Entered: 01/14/1998)

Jan. 13, 1998

Jan. 13, 1998

PACER
190

MOTION by Maddlyn Johnson, David Rogers for Attorney Fees with brief in support. (esf) Additional attachment(s) added on 6/20/2005 (web). (Entered: 01/29/1998)

Jan. 29, 1998

Jan. 29, 1998

PACER
191

MOTION/APPLICATION by Maddlyn Johnson, David Rogers for Final Attorney Fees with brief in support. (esf) Additional attachment(s) added on 6/20/2005 (web). (Entered: 02/02/1998)

Jan. 30, 1998

Jan. 30, 1998

PACER

Motion hearing held re: [191-1] motion for Final Attorney Fees by David Rogers, Maddlyn Johnson; [190-1] motion for Attorney Fees by David Rogers, Maddlyn Johnson; [185-1] motion to Dismiss and close case by defendant; Motion for atty fees by L. Wilkinson GRANTED, motion for atty fees by R. Cullen, ruling reserved; motion to dismiss GRANTED. Order to enter. Court Reporter: D. Dueringer (esi)

Feb. 2, 1998

Feb. 2, 1998

PACER
192

ORDER granting [191-1] motion for Final Attorney Fees, Defendants are Ordered to pay Charles L. Wilkinson III, the sum of $2,317.50; Plaintiffs' Counsel, Robert W. Cullen's Application for Attorney's Fees is Deferred, with the Court retaining jurisdiction of that matter alone; granting [185-1] motion to Dismiss and close case ( signed by Chief Judge Dudley H. Bowen Jr ); copies served. (esf) Additional attachment(s) added on 6/20/2005 (web). (Entered: 02/03/1998)

Feb. 2, 1998

Feb. 2, 1998

PACER

Case closed (esf)

Feb. 2, 1998

Feb. 2, 1998

PACER
193

Exhibit list by Daniel J. Craig, Robert Zetterberg, Moses Todd, J. B. Powell, William H. Mays II, William B. Kuhlke Jr., Henry H. Brigham, Jerry Brigham, Ulmer Bridges, Lee Beard, Larry E. Sconyers, Charles Toole, Charles B. Webster (esf) Additional attachment(s) added on 6/20/2005 (web). (Entered: 02/03/1998)

Feb. 2, 1998

Feb. 2, 1998

PACER
194

ORDER granting [190-1] motion for Attorney Fees. Defendants are ordered to pay Robert W. Cullen the sum of $2,285.74 as attorney's fees and costs ( signed by Chief Judge Dudley H. Bowen Jr ); copies served. (esf) Additional attachment(s) added on 6/20/2005 (web). (Entered: 02/09/1998)

Feb. 6, 1998

Feb. 6, 1998

PACER
195

RECEIPT FOR DEFENDANT'S EXHIBITS (esf) (Entered: 07/23/1998)

July 23, 1998

July 23, 1998

PACER
196

RECEIPT FOR PLAINTIFF'S EXHIBITS (esf) (Entered: 07/28/1998)

July 28, 1998

July 28, 1998

PACER

Record transferred to the FRC. Group #021, Accession # 021-00-0215, Box # 1 of 20, Location # J0240823SAN (cmk)

Feb. 22, 2000

Feb. 22, 2000

PACER
197

Receipt for Exhibits as to Defendants. (thb) (Entered: 03/11/2010)

March 11, 2010

March 11, 2010

PACER

Case Details

State / Territory: Georgia

Case Type(s):

Jail Conditions

Key Dates

Filing Date: April 28, 1977

Closing Date: 1998

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Inmates of Richmond County Jail in Augusta, Georgia.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Richmond County Jail (Richmond), 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

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: at least 17867.74

Order Duration: 1978 - 1998

Content of Injunction:

Reporting

Issues

General:

Conditions of confinement

Sanitation / living conditions

Staff (number, training, qualifications, wages)

Crowding:

Crowding / caseload

Medical/Mental Health:

Medical care, general

Type of Facility:

Government-run