Case: Plyler v. Moore

3:82-cv-00876 | U.S. District Court for the District of South Carolina

Filed Date: May 5, 1982

Closed Date: 1999

Clearinghouse coding complete

Case Summary

On May 5, 1982, a group of adult prisoners confined by the State of South Carolina filed a class action lawsuit under 42 U.S.C. §1983 against the South Carolina Department of Corrections in the U.S. District Court for the District of South Carolina. The plaintiffs, who were represented by the National Prison Project of the American Civil Liberties Union, claimed that the defendants had discriminated against them by refusing to offer them the same environment and opportunities that were offered…

On May 5, 1982, a group of adult prisoners confined by the State of South Carolina filed a class action lawsuit under 42 U.S.C. §1983 against the South Carolina Department of Corrections in the U.S. District Court for the District of South Carolina. The plaintiffs, who were represented by the National Prison Project of the American Civil Liberties Union, claimed that the defendants had discriminated against them by refusing to offer them the same environment and opportunities that were offered to young inmates. Specifically, they claimed deficiencies in the areas of housing, health services, visitation, food service, education, and sanitation.

On December 7, 1984, the parties entered into a legal settlement, which culminated in a consent decree, which was submitted to the Court on February 1, 1985. The consent decree provided for changes in the areas of double-celling, sleeping space, use of temporary structures for housing, construction of new facilities, population limits, staffing, health services, programming, fire safety, disciplinary procedures, classification, visitation, physical restraints, food service, and environmental sanitation.

On February 7, 1985, the District Court (Judge C. Weston Houck) certified a class of present and future adult prisoners of the South Carolina Department of Corrections and on March 26, 1985, the Court preliminarily approved the consent decree.

On March 26, 1986, the District Court (Judge Houck) issued a final approval of the Consent Decree and dismissed the complaint with prejudice, retaining jurisdiction over the case for purposes of enforcement of the decree. Plyler v. Leeke, 1986 WL 84459 (D.S.C. Mar. 26, 1986).

In the spring of 1986, the prison system began to experience population increases at twice the expected rate, quickly making it very difficult for the defendants to comply with the consent decree's double-celling provisions. The District Court held a hearing on the issue in July, and the defendants asked the Court to modify the decree to allow the double-celling until a prisoner early release program (which had already been signed into law) became effective in early 1987. The District Court did not grant the modification, but instead ordered the defendants to reduce the number of non-conforming beds by 200 within 15 days, and to eliminate the remaining non-conforming beds by September 20. Both sides appealed.

On November 12, 1986, the U.S. Court of Appeals for the Fourth Circuit issued a per curiam opinion in which it dismissed as moot the portion of the decree which had ordered the defendants to reduce the number of non-conforming beds by 200 within 15 days, and to eliminate the remaining non-conforming beds by September 20, noting that the defendants had fully complied with that order. The Fourth Circuit then affirmed the District Court's decision not to modify the decree. Plyler v. Leeke, 804 F.2d 1251 (4th Cir. 1986). The parties sought Supreme Court review, and on October 11, 1988, the U.S. Supreme Court denied the petition for writ of certiorari. Plyler v. Evatt, 488 U.S. 897 (1988).

The plaintiffs asked the Court to award them their attorneys' fees, and the District Court (Judge Houck) awarded them fees in the amount of $414,721.91, in addition to the $100,000.00 that they had already been paid. The defendants appealed, and on May 7, 1990, the Fourth Circuit affirmed the District Court's fee award. Plyler v. Evatt, 902 F.2d 273 (4th Cir. 1990).

In early 1989, the parties filed cross-motions regarding the decree's space requirements for women inmates. In May 1989, the District Court granted the state temporary relief from compliance with the decree's provisions. After a hearing, on February 15, 1990, the District Court denied the defendants' motion for modification of the decree, requiring the state to place the Women's' Correctional Center in full compliance with the decree by April 2, 1990. The defendants appealed, and on February 12, 1991, the Fourth Circuit (Judge James Dickson Phillips, Jr.) vacated the District Court's decision, finding that the Court had erred in refusing to give any relief (even temporary) from the cell-space requirements at issue, even though the defendants had acted in good faith at all times and were only out of compliance with the decree because of factors beyond their effective control. Plyler v. Evatt, 924 F.2d 1321 (4th Cir. 1991).

On August 23, 1993, the parties entered into a compromise agreement to modify the consent decree in the areas of classification of inmates without parole and programming. This modification was adopted by the Court on October 6.

On May 1, 1995, the parties entered into a memorandum agreement to modify the decree, in which they agreed that the use of four-point-restraints would not be used to threaten the health of inmates, and that they would only be used if an inmate throws urine or feces at the correctional staff. The District Court adopted this modification of the decree on May 4, 1995.

On May 8, 1996, the defendants asked the District Court to terminate the consent decree pursuant to the Prison Litigation Reform Act. After a hearing, the District Court terminated the decree on June 4, 1996. The plaintiffs appealed and asked the District Court for a temporary stay of the termination order until the appeal was heard. On June 19, 1996, the District Court granted the stay until the appeal was decided. On November 14, 1996, the Fourth Circuit affirmed the District Court's decision to terminate the decree. Plyler v. Moore, 100 F.3d 365 (4th Cir. 1996). The plaintiffs sought Supreme Court review, and on June 16, 1997, the U.S. Supreme Court denied the petition for writ of certiorari. Plyler v. Moore, 520 U.S. 1277 (1997). This case was officially closed on March 31, 1999.

In August, 2002, two of the plaintiffs asked the District Court for sanctions, but our PACER docket, which is accurate as of October 11, 2007, records no further activity in this case.

Summary Authors

Kristen Sagar (10/11/2007)

People


Judge(s)

Finney, Ernest A. Jr. (South Carolina)

Gregory, George Tillman Jr. (South Carolina)

Haynsworth, Clement Furman Jr. (South Carolina)

Houck, Charles Weston (South Carolina)

Phillips, James Dickson Jr. (North Carolina)

Wilkins, William Walter (South Carolina)

Attorneys(s) for Plaintiff

Bronstein, Alvin J. (District of Columbia)

Burnette, Mary Malissa (South Carolina)

Edelson, Julie I (Georgia)

Fairey, W. Gaston (South Carolina)

Judge(s)

Finney, Ernest A. Jr. (South Carolina)

Gregory, George Tillman Jr. (South Carolina)

Haynsworth, Clement Furman Jr. (South Carolina)

Houck, Charles Weston (South Carolina)

Phillips, James Dickson Jr. (North Carolina)

Wilkins, William Walter (South Carolina)

Attorneys(s) for Plaintiff

Bronstein, Alvin J. (District of Columbia)

Burnette, Mary Malissa (South Carolina)

Edelson, Julie I (Georgia)

Fairey, W. Gaston (South Carolina)

Freeman, Christine A. (Georgia)

Lloyd, Reginald I (South Carolina)

McKim, Rochelle Romosca (South Carolina)

Morris, John (Georgia)

Ney, Steven (Maryland)

Ouzts, Cynthia Hall (South Carolina)

Romosca, Rochelle L. (South Carolina)

Attorneys(s) for Defendant

Ashworth, Treva G. (South Carolina)

Batson, Larry (South Carolina)

Condon, Charles M (South Carolina)

Evans, Edwin E (South Carolina)

Gambrell, Charles W. (South Carolina)

Hunger, Frank W. (District of Columbia)

Lundberg, Carl N. (South Carolina)

Medlock, T. Travis (South Carolina)

White, Henry Jerome (South Carolina)

Woodington, Kenneth P. (South Carolina)

Zelenka, Donald (South Carolina)

Other Attorney(s)

Boston, John (New York)

Brake, Deborah (District of Columbia)

Greenberg, Daniel L. (New York)

Grossman, Jo Anna (District of Columbia)

Herwig, Barbara L. (District of Columbia)

Kerr, Sarah (New York)

Lewis, Dori A. (New York)

Loeb, Robert Mark (District of Columbia)

Mariner, Joanne (New York)

Mendez, Juan (New York)

Nelson, Marta (District of Columbia)

Ralph, Regan (New York)

Roth, Kenneth (New York)

Seymour, Margaret B. (South Carolina)

Smith, Brenda Verndenia (District of Columbia)

Soler, Mark I. (District of Columbia)

Documents in the Clearinghouse

Document

Docket (PACER)

Plyer v. Moore

Aug. 26, 2002 Docket

Complaint

Nelson v. Leeke

April 1, 1982 Complaint

Legal Settlement

Plyler v. Evatt

Dec. 7, 1984 Settlement Agreement

Consent Decree

Nelson v. Leeke

Jan. 1, 1985 Order/Opinion

Joint Motion to enter Consent Decree

Nelson v. Leeke

Feb. 1, 1985 Pleading / Motion / Brief

Order

Nelson v. Leeke

Feb. 7, 1985 Order/Opinion

Stipulation to Alteration of Consent Decree

Nelson v. Leeke

Feb. 22, 1985 Pleading / Motion / Brief

Order

Nelson v. Leeke

March 27, 1985 Order/Opinion

Opinion

Plyler v. Leeke

1986 WL 84459

March 26, 1986 Order/Opinion

Opinion

Plyler v. Leeke

U. S. Court of Appeals for the Fourth Circuit

804 F.2d 1251

Nov. 12, 1986 Order/Opinion

Resources

Title Description External URL

Docket

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

ECF Number Description Date Link
1

MEMORANDUM by William D. Leeke, Board Of Corrections in opposition to petition for increse of attys fees. (former empl) (Entered: 03/07/1991)

Feb. 25, 1991
2

MOTION by plaintiff Gary Wayne Nelson In Re: Jasper Buchanan to show cause for Disqualification of Atty. Gaston Fairey and assigned monitor J. Shupper. (bwil) (Entered: 07/08/1993)

April 27, 1993
4

NOTICE OF APPEAL from CWH Order filed 6/23/93 by plaintiff Gary Wayne Nelson, In. RE: Jasper Buchanan, McCormick Corr. Inst., Rt. 2, Box 100, F-4, McCormick, SC 29899. Fee Status: IFP. (bwil) (Entered: 07/08/1993)

July 6, 1993

Notice of appeal and certified copy of docket to USCA: [4-1] appeal by Gary Wayne Nelson, In Re: Jasper Buchanan. (bwil) (Entered: 07/08/1993)

July 8, 1993
5

MOTION by notice only Leonard . Crosby, notice only David E. Harig, notice only David . Ford, notice only Charles . Mabry, notice only Richard R. Valenti, notice only Samuel L. Wodke, notice only James R. Odom, notice only Johnny . Patterson, notice only Terry . Moore, notice only Harold . McKeivey as members of plaintiff class for order to show cause as to proposals to alleviate prison overcrowding in SCDC. (bwil) (Entered: 08/03/1993)

July 26, 1993

NOTICE of Docketing ROA from USCA Re: [4-1] appeal by Gary Wayne Nelson; IN RE: Jasper Buchanan; USCA NUMBER: 93-6751 (Case Manager: Pamela K. Stump) (bwil) (Entered: 09/24/1993)

July 28, 1993
6

MOTION by class representative plaintiff Les Williams for a Rule 60 Replacement of Counsel and Arrest of Judgment (several signature pages attached - class action members) (former empl) (Entered: 08/05/1993)

Aug. 4, 1993
7

MEMORANDUM by plaintiff Gary Slezak in opposition to defendants' motion to modify certain provisions of the consent decree (this pleading is entitled motion to dismiss defendants' motion; forwarded to 2012 on 8- 25-93 (former empl) (Entered: 08/25/1993)

Aug. 25, 1993
8

CLASS MOTION by plaintiff Gary Slezak to enforce/contempt motion of certain provisions of the consent decree (former empl) (Entered: 09/15/1993)

Sept. 13, 1993

Certified and transmitted record on appeal to U.S. Court of Appeals: [4- 1] appeal by Gary Wayne Nelson, IN RE: Jasper Buchanan. Only documents #2,3,4 sent per request on 9/23/93 by 4CCA. (bwil) (Entered: 09/24/1993)

Sept. 24, 1993
9

ORDER, directing notice be effected to the parties in this action of the proposed Compromise Agreement to Modify the Decree in the following manner: the Compromise Agreement to Modify the Decree and the Addendum letter of August 18, 1993 shall be prominently posted in all institutions of the South Carolina Dept.of corrections to include all bulletin boards and in each living area of each facility housing members of the plaintiff class; the 'Agreement' and 'addendum letter' shall be published in The State Newspaper at least once each week for four consecutive weeks commencing on or about October 20, 1993; by agreement, the defendants pay the cost of giving notice to the members of the class in the manner prescribed above. A hearing shall be held after the Court reviews all comments submitted in response to the Notice. (signed by Judge C. W. Houck) (former empl) (Entered: 10/07/1993)

Oct. 6, 1993
10

NOTICE of COMPROMISE AGREEMENT TO MODIFY THE CONSENT DECREE: (copy of Compromise Agreement attached) this notice is to those who may be members of the plaintiff's class; a copy of the proposed Compromise Agreement (attached to this Notice) can be obtained for the cost of copying and mailing same by written request to the Clerk of Court; members of the class may submit written comments/objections to the Clerk in Columbia; comments submitted by the parties prior to 12/20/93 will be considered by the Court; all comments/objections will be available for review in the Clerk's Office by all counsel who have appeared in this action; if the Court determines the agreement to be an appropriate resolution of the dispute over the classification section of the Decree, it will approve the Consent Decree. (former empl) (Entered: 10/07/1993)

Oct. 6, 1993

Deadline updated; ORAL ARGUMENTS re: population control issue and S.C.D.C.'s motion to withdraw agreement before Chief Judge C. W. Houck set for 10/28/93 at 2:30 p.m. in Florence (former empl) (Entered: 10/26/1993)

Oct. 13, 1993
11

MOTION by defendant S.C.D.C. to withdraw agreement to proposed copromise agreement to modify the decree (former empl) (Entered: 10/26/1993)

Oct. 13, 1993
12

MEMORANDUM by defendant S.C.D.C. in support of [11-1] motion to withdraw agreement to proposed copromise agreement to modify the decree (former empl) (Entered: 10/26/1993)

Oct. 13, 1993
16

REQUEST FOR HEARING in this case by plaintiff class member Les Williams. (This document not docketed as a "motio"; a hearing has been scheduled for 10/28/93). (former empl) (Entered: 10/27/1993)

Oct. 19, 1993
13

RESPONSE in opposition by plaintiff class representative Gary Wayne Nelson to defendant S.C.D.C.'s [11-1] motion to withdraw agreement to proposed copromise agreement to modify the decree (former empl) (Entered: 10/26/1993)

Oct. 26, 1993
14

MOTION by defendant William D. Leeke, defendant Board Of Corrections to extend time to comply with population levels set forth in the decree (former empl) (Entered: 10/26/1993)

Oct. 26, 1993
15

MEMORANDUM by defendant William D. Leeke, defendant Board Of Corrections in support of [14-1] motion to extend time to comply with population levels set forth in the decree (former empl) (Entered: 10/26/1993)

Oct. 26, 1993
17

MEMORANDUM of Law by plaintiff class on issue of overcrowding (former empl) (Entered: 11/05/1993)

Oct. 27, 1993
18

RESPONSE by objector James A. Clinkscale in opposition to [10-1] notice to modify consent decree. (former empl) (Entered: 12/21/1993)

Oct. 27, 1993

Minute entry: Motion Hearing before Chief Judge C. W. Houck Witnesses/exhibits; [14-1] motion to extend time to comply with population levels set forth in the decree, [11-1] motion to withdraw agreement to proposed compromise agreement to modify the decree granting [14-1] motion to extend time to comply to time already extended; Plaintiff's oral motion to require compliance within 90 days - denied; status conference to be scheduled during the week of Jan. 3, 1994 at which time defendants to give court a status of how stands, what plan has been devised and how plans to implement; defendant S.C.D.C.'s motion to with draw agreement held in abeyance at this time. Counsel to be notified of date and time of status conference. decree (former empl) (Entered: 11/05/1993)

Oct. 28, 1993
19

RESPONSE by objector Randy Poindexter in opposition to [10-1] notice to modify consent decree. (former empl) (Entered: 12/21/1993)

Oct. 29, 1993
20

RESPONSE by plaintiff Gary Slezak in opposition to [10-1] notice to modify the consent decree. (former empl) (Entered: 12/21/1993)

Nov. 3, 1993
21

RESPONSE by objector Tammy R. Warrington in opposition to [10-1] notice to modify the consent decree. (former empl) (Entered: 12/21/1993)

Nov. 4, 1993
22

RESPONSE by objector Bryon Keith Lockhart in opposition to [10-1] notice to modify consent decree. (former empl) (Entered: 12/21/1993)

Nov. 4, 1993
23

RESPONSE by objector Daniel McNair in opposition to [10-1] notice to modify consent decree. (former empl) (Entered: 12/21/1993)

Nov. 5, 1993
24

RESPONSE by objector Katherine Blakely in opposition to [10-1] notice to modify consent decree. (former empl) (Entered: 12/21/1993)

Nov. 5, 1993
25

RESPONSE by objector James Russell Odom, objector Douglas A. Mycko in opposition to [10-1] notice to modify consent decree. (former empl) (Entered: 12/21/1993)

Nov. 10, 1993
26

RESPONSE by objector Eunice McAllister in opposition to [10-1] notice to modify consent decree. (former empl) (Entered: 12/21/1993)

Nov. 12, 1993
27

RESPONSE by objector David M. Garcia in opposition to [10-1] notice to modify consent decree. (former empl) (Entered: 12/21/1993)

Nov. 16, 1993
28

RESPONSE by objector William C. McCracken in opposition to [10-1] notice to modify consent decree. (former empl) (Entered: 12/21/1993)

Nov. 16, 1993
29

RESPONSE by objector Charles Eugene Carpenter in opposition to [10- 1] notice to modify consent decree. (former empl) (Entered: 12/21/1993)

Nov. 18, 1993
30

RESPONSE by objector Robert H. Owens in opposition to [10-1] notice to modify consent decree. (former empl) (Entered: 12/21/1993)

Nov. 22, 1993
31

RESPONSE by objector Thomas Mize in opposition to [10-1] notice to modify consent decree. (former empl) (Entered: 12/21/1993)

Nov. 24, 1993
33

RESPONSE by objector Frederick Belcher in opposition to [10-1] notice to modify consent decree. (former empl) (Entered: 12/21/1993)

Dec. 13, 1993
34

RESPONSE by objector David M. Miller in opposition to [10-1] notice to modify consent decree. (former empl) (Entered: 12/21/1993)

Dec. 14, 1993
35

RESPONSE by objector Robert Mason Hendrick in opposition to [10-1] notice to modify consent decree. [Note: the packet from this objector includes several motions.] (former empl) (Entered: 12/21/1993)

Dec. 16, 1993
36

RESPONSE by objector Christopher Horlbeck in opposition to [10-1] notice to modify consent decree. (former empl) (Entered: 12/21/1993)

Dec. 17, 1993
37

RESPONSE by objector Timothy L. Evans Sr. in opposition to [10-1] notice to modify consent decree. (former empl) (Entered: 12/21/1993)

Dec. 20, 1993
38

RESPONSE by objector Gerald Reaves in support of proposed modified consent decree (former empl) (Entered: 12/23/1993)

Dec. 20, 1993
39

RESPONSE by objector Booker T. Williams in opposition to the proposed modified consent decree (former empl) Modified on 12/23/1993 (Entered: 12/22/1993)

Dec. 22, 1993
39

"36th Quarterly Report on Complaince" submitted by the defendants (S.C.D.C. Executive Assistant for Legal Settlements and Compliance, John G. Norris) (former empl) (Entered: 01/10/1994)

Jan. 10, 1994
40

MOTION by plaintiff class, through counsel Gaston Fairey, for a Hearing on the issue of overcrowding (former empl) (Entered: 01/11/1994)

Jan. 10, 1994

Status conference held before Chief Judge C. W. Houck defendant given until 2/18 to mail brief on issues of whether defendant had authority to withdraw from agreement and whether settlement was properly entered into. Plaintiffs have 5 days to respond; hearing for defendants to present proposed plan tentatively scheduled for 4/11/94 with defendants' brief due by 4/4/94. Will take approximately 1/2 - 1 day. Court to review schedule and let counsel know definite date. Court Reporter: Vince Rolland (former empl) (Entered: 02/11/1994)

Feb. 9, 1994
41

MEMORANDUM by defendant William D. Leeke in support of [11-1] motion to withdraw agreement to proposed copromise agreement to modify the decree (former empl) (Entered: 02/24/1994)

Feb. 24, 1994
42

BRIEF by plaintiffs re: Compromise Agreement (former empl) (Entered: 03/07/1994)

March 3, 1994

Minute entry: mooting [5-1] motion as members of plaintiff class for order to show cause as to proposals to alleviate prison overcrowding in SCDC pursuant to oral direction of Judge Houck (through law clerk Jack Barnes) (former empl) (Entered: 03/22/1994)

March 22, 1994
43

Transcript of 2/9/94 hearing before Hon. C. Weston Houck, Chief U.S. District Judge (bwil) (Entered: 03/31/1994)

March 23, 1994
44

AFFIDAVIT OF EUNICE McALLISTER, CHAIRPERSON OF SC CURE Re: mentally-ill prisoners. (bwil) (Entered: 03/31/1994)

March 28, 1994

Minute entry: denying [8-1] motion to enforce/contempt motion of certain provisions of the consent decree, denying [6-1] motion for a Rule 60 Replacement of Counsel and Arrest of Judgment; written order is being sent from Judge Houck (former empl) (Entered: 03/31/1994)

March 31, 1994
45

ORDER denying [6-1] motion for a Rule 60 Replacement of Counsel and Arrest of Judgment ( signed by Chief Judge C. W. Houck) (mld to parties by law clerk) (former empl) (Entered: 04/01/1994)

March 31, 1994
46

ORDER denying [8-1] motion to enforce/contempt motion of certain provisions of the consent decree ( signed by Chief Judge C. W. Houck) (copies mld to parties by law clerk) (former empl) (Entered: 04/01/1994)

March 31, 1994
47

MOTION/PETITION by defendant Board Of Corrections for Ruling concerning Four-Point Restraints. (former empl) (Entered: 05/24/1994)

May 13, 1994
48

MEMORANDUM by defendant Board Of Corrections in support of [47- 1] motion for Ruling concerning Four-Point Restraints. (former empl) (Entered: 05/24/1994)

May 13, 1994
49

MEMORANDUM by plaintiff Gary Wayne Nelson, et al in opposition to [47-1] motion for Ruling concerning Four-Point Restraints. (former empl) (Entered: 06/03/1994)

May 27, 1994
50

MOTION to intervene by James E.. Ellison. Original document [50-1] forwarded to Judge Houck to associate with original file. (former empl) (Entered: 07/09/1994)

July 8, 1994
51

MOTION by Isiah James, II, Ex parte Movant for order(s) of contempt (former empl) Modified on 08/22/1994 (Entered: 08/22/1994)

Aug. 18, 1994
52

MEMORANDUM in support of [51-1] motion for order(s) of contempt by Isiah James, Jr., ex parte movant (former empl) (Entered: 08/22/1994)

Aug. 18, 1994
53

Supplemental complaint received from Donald Lawing in the above- referenced matter. (former empl) (Entered: 09/08/1994)

Aug. 31, 1994
56

Opinion of the 4th Circuit re: Writ of Mandamus filed by Les Williams; petition denied by unpublished per curiam opinion. (former empl) (Entered: 10/18/1994)

Oct. 13, 1994
54

MOTION by Parker Evatt for modification pursuant to 18:3626 or in the alternative, for dismissal of this action (former empl) (Entered: 10/14/1994)

Oct. 14, 1994
55

MEMORANDUM in support of [54-1] motion for modification pursuant to 18:3626 or in the alternative, for dismissal of this action (former empl) (Entered: 10/14/1994)

Oct. 14, 1994
57

NOTICE by Michael F. Dehoney to the Court, re: 39 th Quarterly Report filed by the defendants. (former empl) (Entered: 10/22/1994)

Oct. 21, 1994
58

AMENDED NOTICE of Michael F. Dehoney, re: 39th Quarterly Report. (former empl) (Entered: 10/31/1994)

Oct. 25, 1994
59

MEMORANDUM by plaintiff Gary Slezak, plaintiff Les Williams, plaintiff Gary Wayne Nelson as to the applicability of Title 18 USC 3626. (former empl) (Entered: 11/03/1994)

Nov. 2, 1994
60

Opinion of the 4th Circuit re: [4-1] appeal by Gary Wayne Nelson (former empl) (Entered: 11/07/1994)

Nov. 4, 1994
61

CERTIFICATE OF SERVICE by plaintiff Gary Slezak, plaintiff Les Williams, plaintiff Gary Wayne Nelson (plaintiff class) of service of Plaintiff's Memorandum as to Applicability of 18:3626 on Mr. Harpootlian on 11/3/94 by mail. (former empl) (Entered: 11/09/1994)

Nov. 8, 1994
62

JUDGMENT OF USCA (certified copy) Re: [4-1] appeal by Gary Wayne Nelson is that the Fourth Circuit Court of Appeals dismisses the appeal. (former empl) (Entered: 12/04/1994)

Nov. 28, 1994

Record on Appeal returned from U.S. Court of Appeals: [4-1] appeal in one volume. (former empl) (Entered: 12/04/1994)

Nov. 30, 1994
63

MEMORANDUM by defendant William D. Leeke, defendant Board Of Corrections in support of [54-1] motion for modification pursuant to 18:3626 or in the alternative, for dismissal of this action (former empl) (Entered: 12/06/1994)

Dec. 5, 1994
64

AMICUS CURAE BRIEF by Michael F. DeHoney. (former empl) (Entered: 12/16/1994)

Dec. 16, 1994
65

MOTION and Affidavit by movant James E.. Ellison for motion pursuant to Rule 60 , and for preliminary injunction , motion for reliefs, and for Evidentiary Hearing (former empl) Modified on 12/29/1994 (Entered: 12/29/1994)

Dec. 21, 1994

Minute entry:, Motion Hearing before Chief Judge C. W. Houck [54-1] motion for modification pursuant to 18:3626 or in the alternative, for dismissal of this action, [11-1] motion to withdraw agreement to proposed copromise agreement to modify the decree [54-1] motion for modification pursuant to 18:3626 or in the alternative, for dismissal of this action taken under advisement, [11-1] motion to withdraw agreement to proposed copromise agreement to modify the decree taken under advisement, Court to issue written order Vince Rolland Court Reporter (former empl) (Entered: 01/10/1995)

Jan. 5, 1995
66

MOTION/PETITION by W. Gaston Fairey for increase in attorney fees (former empl) (Entered: 02/27/1995)

Feb. 24, 1995
67

MEMORANDUM in support of [66-1] motion for increase in attorney fees (former empl) (Entered: 02/27/1995)

Feb. 24, 1995
68

AFFIDAVIT by Rochelle Romosca in support of Re: [66-1] motion for increase in attorney fees (former empl) (Entered: 02/27/1995)

Feb. 24, 1995
69

AFFIDAVIT of W. Gaston Fairey in support of Re: [66-1] motion for increase in attorney fees (former empl) (Entered: 02/27/1995)

Feb. 24, 1995
70

AFFIDAVIT of Tammie Pope Re: [66-1] motion for increase in attorney fees (former empl) (Entered: 02/27/1995)

Feb. 24, 1995
71

MOTION by William Henley for a court order directing the defendants to provide plaintiff with psychological services/programs while he's incarcerated at Lee Correctional Institution (former empl) (Entered: 03/10/1995)

March 2, 1995
72

RESPONSE by defendant William D. Leeke, defendant Board Of Corrections to [66-1] motion for increase in attorney fees (former empl) (Entered: 03/20/1995)

March 17, 1995

Minute entry: mooting [40-1] motion for a Hearing on the issue of overcrowding; motions hearing held 1/95. Per CWH's law clerk, this is moot. (former empl) (Entered: 03/27/1995)

March 27, 1995
74

MOTION by plaintiff Gary Slezak for contempt and enforcement. (former empl) (Entered: 05/02/1995)

April 25, 1995
73

MEMORANDUM AGREEMENT TO MODIFY DECREE by plaintiff Gary Slezak, plaintiff Les Williams, plaintiff Gary Wayne Nelson, defendant William D. Leeke, defendant Board Of Corrections (tsin) (Entered: 05/02/1995)

May 2, 1995

Bench trial held to hear evidence and determine class plan that should be placed in operation before Chief Judge C. W. Houck; exhibits marked for ID; Defendants have until November 1 to devise a plan and present to plaintiff and implement by a pilot program; Defendants have 60 days or until January 1, 1996 to fine tune program and make any adjustments and give plan to Plaintiff; Plaintiff then has 30 days or until February 1, 1996 to file objections to plan or consent to plan; Court Reporter: Vince Rolland (tsin) (Entered: 05/03/1995)

May 2, 1995
75

ORDER mooting [47-1] motion for Ruling concerning Four-Point Restraints because the parties have resolved this matter by Memorandum Agreement to Modify Decree (see attached to order). The parties wish to add additions to the Nelson decree (see additions for orders). In addition, FRCP 23(e) requires notice of the proposed compromise to be given to all members of the class (notification instructions in order). ( signed by Chief Judge C. W. Houck ) eod 5/9/95 (former empl) (Entered: 05/09/1995)

May 4, 1995
76

NOTICE of Compromise Agreement to Modify the Consent Decree. (former empl) (Entered: 05/12/1995)

May 12, 1995
77

ORDER, amending [60-1] opinion appeal as follows: on the cover sheet, section 3 -- the district court number, C A-92-876-2, is added to the section (by Clerk of Fourth Circuit Court of Appeals) (former empl) (Entered: 06/14/1995)

June 12, 1995
79

REPLY by Tahrim Supreme C. Jihad in opposition to [73-1] memorandum (former empl) (Entered: 06/22/1995)

June 19, 1995
80

REPLY by Shaka Machumba Zulu X to [73-1] memorandum (former empl) (Entered: 06/28/1995)

June 27, 1995
81

REPLY by Michael Montgomery, Johnny Padgett, Antwine Anderson, Bo Hall, Roosevelt Issac, Kahill Thorpe, and Vincent Little to [73-1] memorandum (former empl) (Entered: 07/10/1995)

July 3, 1995
82

MEMORANDUM by plaintiff Gary Slezak in opposition to [73-1] memorandum (former empl) (Entered: 07/20/1995)

July 20, 1995
83

Letter received from Timothy L. Evans, Jr. to Judge Houck; letter sent to CWH on 8/1/95. (former empl) (Entered: 08/01/1995)

July 25, 1995
84

Letter received From L.J. Allen to Inmate Lampkin for Judge Houck's review; sent to CWH on 8/1/95. (former empl) (Entered: 08/01/1995)

July 26, 1995
85

MOTION by John Arnold, John Ray, Robert Nance, Luke Williams, James Charping, and Mitchell Sims for Mr. Fairey to withdraw as attorney (former empl) (Entered: 08/01/1995)

July 31, 1995
86

MEMORANDUM by John Arnold, John Ray, Robert Nance, Luke Williams, James Charping, and Mitchell Sims in support of [85-1] motion for Mr. Fairey to withdraw as attorney (former empl) (Entered: 08/01/1995)

July 31, 1995
87

AFFIDAVIT of John Arnold in support of Re: [85-1] motion for Mr. Fairey to withdraw as attorney w/Attachments. (former empl) (Entered: 08/01/1995)

July 31, 1995
88

AFFIDAVIT of Robert Nance in support of Re: [85-1] motion for Mr. Fairey to withdraw as attorney (former empl) (Entered: 08/01/1995)

July 31, 1995
89

AFFIDAVIT of LeRoy Drayton in support of Re: [85-1] motion for Mr. Fairey to withdraw as attorney w/attachments. (former empl) (Entered: 08/01/1995)

July 31, 1995
90

AFFIDAVIT of Luke Williams, III in support of Re: [85-1] motion for Mr. Fairey to withdraw as attorney (former empl) (Entered: 08/01/1995)

July 31, 1995

State / Territory: South Carolina

Case Type(s):

Prison Conditions

Key Dates

Filing Date: May 5, 1982

Closing Date: 1999

Case Ongoing: No

Plaintiffs

Plaintiff Description:

adult prisoners confined by the State of South Carolina

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

South Carolina Department of Corrections (Fairfax), State

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

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1984 - 1997

Issues

General:

Bathing and hygiene

Classification / placement

Disciplinary procedures

Education

Fire safety

Food service / nutrition / hydration

Recreation / Exercise

Rehabilitation

Restraints : physical

Sanitation / living conditions

Staff (number, training, qualifications, wages)

Totality of conditions

Visiting

Crowding:

Crowding / caseload

Pre-PLRA Population Cap

Affected Gender:

Female

Male

Medical/Mental Health:

Medical care, general

Type of Facility:

Government-run