Case: Plyler v. Evatt

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

Filed Date: 1982

Closed Date: 1999

Clearinghouse coding in progress

Case Summary

On May 5, 1982, inmates of the South Carolina Department of Corrections (SCDOC) filed a class action lawsuit under 42 U.S.C. 1983 against the SCDOC in the U.S. District Court for the District of South Carolina, Columbia Division. The plaintiff, represented by the American Civil Liberties Union National Prison Project and private counsel, asked the court for declaratory and injunctive relief, alleging that conditions within the SCDC were overcrowded and intolerable and in violation of the Eight…

On May 5, 1982, inmates of the South Carolina Department of Corrections (SCDOC) filed a class action lawsuit under 42 U.S.C. 1983 against the SCDOC in the U.S. District Court for the District of South Carolina, Columbia Division. The plaintiff, represented by the American Civil Liberties Union National Prison Project and private counsel, asked the court for declaratory and injunctive relief, alleging that conditions within the SCDC were overcrowded and intolerable and in violation of the Eighth Amendment.

From 1982 until 1985, extensive negotiations between the parties led to a settlement agreement, which was signed on January 8, 1985. The settlement agreement provided for a maximum number of inmates at each institution, a minimum space requirement for each inmate, increased staffing, modernization and upgrading of medical facilities and staff, expansion of available programs, assurance that facilities would be in compliance with state fire and safety codes, a systemwide classification plan, and that food and sanitation services met the South Carolina Department of Health and Environmental Control (DHEC), as well as the American Correctional Association, standards.

On February 7, 1985, the District Court (Judge C. Weston Houck) certified a class consisting of adult prisoners committed to the SCDOC and those who would be committed in the future.

On June 6, 1985, having reviewed written objections to the settlement agreement, the Magistrate Court (Judge Charles W. Gambrell) presented a report to the District Court. In November 1985, the District Court (Judge Houck) orally approved the agreement; and, on March 26, 1986, the Court approved the settlement agreement by written consent decree. Plyler v. Leeke, No. 3:82-0876-2, 1986 WL 84459 (D.S.C. Mar. 26, 1986).

On July 21 and 22, 1986, the District Court (Judge Houck) held a hearing at which it denied the defendants' motion to modify the consent decree to allow overcrowding conditions to continue, but declined to order immediate strict compliance with the terms of the consent decree. Judge Houck did order the defendants to reduce and eventually eliminate the number of non-conforming beds. The defendants appealed.

On November 12, 1986, the Fourth Circuit Court of Appeals (per curiam) affirmed in part and dismissed in part the District Court's July 22, 1986, order. Plyler v. Leeke, No. 86-7654, 1986 WL 18030 (4th Cir. Nov. 12, 1986). The Court held that, as SCDC had achieved compliance in the interim, the appeal was moot and the district judge had flexible discretion to issue such orders.

In May 1987, claiming an unanticipated increase in inmate population, SCDC moved for a permanent modification of the consent decree. A mediator and Magistrate Judge (Judge Gambrell) conducted hearings and recommended that temporary double-celling be allowed in 50% of new cells and for two years, respectively. In January 1988, the District Court (Judge Houck) rejected these recommendations, refusing the modification request, and ordered immediate compliance through early-release programs or other appropriate means. The defendants appealed.

On April 27, 1988, the Fourth Circuit Court of Appeals (Judge William W. Wilkins) vacated the District Court's decision and remanded for modification of the consent decree. Plyler v. Evatt (Plyler I), 846 F.2d 208 (4th Cir. 1988). The Court held the District Court's denial of the state's request to modify the consent decree was an abuse of discretion since the state had made good faith efforts to comply with the consent decree but faced an unanticipated increase in the prison population. On October 11, 1988, the Supreme Court denied certiorari. Plyler v. Evatt, 488 U.S. 897 (1988).

The inmates subsequently asked the District Court (Judge Houck) to award attorney's fees, which were granted, and the defendants appealed. On May 7, 1990, the Fourth Circuit Court of Appeals (Judge J. Dickson Phillips) affirmed. Plyler v. Evatt, 902 F.2d 273 (4th Cir. 1990).

In early 1989, the parties filed a set of countering motions respecting the decree's space requirement for women inmates at Womens' Correctional Center (WCC). When the inmates moved for an enforcement order, the state countered with a motion to modify the decree. In May 1989, the District Court (Judge Houck) granted the state temporary relief. And after a hearing in September 1989, on February 15, 1990, Judge Houck denied the state's motion for modification and required the state to bring WCC into full compliance with the consent decree. The defendants appealed.

On January 23, 1991, as amended on February 12, 1991, the Fourth Circuit Court of Appeals (Judge Phillips) vacated and remanded the District Court's February 15, 1990, ruling that refused the defendants' modification request. Plyler v. Evatt (Plyler II), 924 F.2d 1321 (4th Cir. 1991). The Court held that, though the Court could find that a modification of the consent decree could harm prisoners, a determination that the state had acted in good faith was dispositive.

A substantial amount of litigation ensued respecting compliance. The plaintiffs moved on numerous occasions for the defendants to be held in contempt and the defendants moved on numerous occasions for various modifications to the consent decree. Additionally, it appears that the same plaintiff class filed suit in South Carolina State Court on the issue of furlough. (Plyler v. Evatt, No. 23484, PC-SC-0005)

Following the passage of the Prison Litigation Reform Act (PLRA) in 1996, the defendants moved to terminate the consent decree claiming that the relief was approved in the absence of a finding by the court that that relief was narrowly drawn. On June 4, 1996, the District Court (Judge Houck) granted the defendants motion to terminate the consent decree. The plaintiffs appealed.

On November 14, 1996, the Fourth Circuit Court of Appeals (Judge Wilkins) affirmed the District Court's June 4, 1996, order that terminated the consent decree. Plyler v. Moore, 100 F.3d 365 (4th Cir. 1996). The Court rejected the plaintiffs' arguments that the PLRA provision was unconstitutional for violating the separation of powers doctrine, for denying them equal protection of the laws and for denying them property without due process of law. A petition for rehearing and rehearing en banc were subsequently denied.

The case was administratively closed in 1999, though motions for sanctions were filed as late as 2002.

Summary Authors

Josh Altman (6/12/2006)

Related Cases

Plyler v. Evatt, South Carolina state trial court (1991)

People


Judge(s)

Finney, Ernest A. Jr. (South Carolina)

Gregory, Roger L. (Virginia)

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

Burnette, Mary Malissa (South Carolina)

Edelson, Julie I (Georgia)

Fairey, W. Gaston (South Carolina)

McKim, Rochelle Romosca (South Carolina)

Judge(s)

Finney, Ernest A. Jr. (South Carolina)

Gregory, Roger L. (Virginia)

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

Burnette, Mary Malissa (South Carolina)

Edelson, Julie I (Georgia)

Fairey, W. Gaston (South Carolina)

McKim, Rochelle Romosca (South Carolina)

Morris, John (Georgia)

Ney, Steven (Maryland)

Ouzts, Cynthia Hall (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)

Lloyd, Reginald I (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)

Bronstein, Alvin J. (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

3:82-00876

Docket (PACER)

Plyler v. Moore

Aug. 26, 2002

Aug. 26, 2002

Docket

82-06476

Supreme Court Opinion

Plyler v. Leeke

Supreme Court of the United States

June 20, 1983

June 20, 1983

Order/Opinion

86-07654

Reported Opinion

Plyler v. Leeke

U. S. Court of Appeals for the Fourth Circuit

Nov. 12, 1986

Nov. 12, 1986

Order/Opinion

88-07511

Reported Opinion

U. S. Court of Appeals for the Fourth Circuit

April 27, 1988

April 27, 1988

Order/Opinion

88-05359

Memorandum Decision

Supreme Court of the United States

Oct. 11, 1988

Oct. 11, 1988

Order/Opinion

88-07763

89-07601

Reported Opinion

U. S. Court of Appeals for the Fourth Circuit

May 7, 1990

May 7, 1990

Order/Opinion

90-06789

Reported Opinion

U. S. Court of Appeals for the Fourth Circuit

Feb. 12, 1991

Feb. 12, 1991

Order/Opinion

96-06884

Opinion

Plyler v. Moore

U. S. Court of Appeals for the Fourth Circuit

Nov. 14, 1996

Nov. 14, 1996

Order/Opinion

Docket

ECF Number Description Date Link 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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Oct. 26, 1993

17

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

Oct. 27, 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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Feb. 24, 1994

42

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

March 3, 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

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

March 23, 1994

44

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

March 28, 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

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

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

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

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

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

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

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

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

Aug. 18, 1994

53

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

Aug. 31, 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

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

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

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

Oct. 21, 1994

58

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

Oct. 25, 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

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

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

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

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

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

Dec. 5, 1994

64

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

Dec. 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

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

Jan. 5, 1995

66

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

Feb. 24, 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

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

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

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

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

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

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

March 27, 1995

74

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

April 25, 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

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

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

May 4, 1995

76

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

May 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

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

June 19, 1995

80

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

June 27, 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

July 3, 1995

82

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

July 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

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

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

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

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

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

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

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

July 31, 1995

Case Details

State / Territory: South Carolina

Case Type(s):

Prison Conditions

Key Dates

Filing Date: 1982

Closing Date: 1999

Case Ongoing: No

Plaintiffs

Plaintiff Description:

inmates of the South Carolina Department of Corrections (SCDOC)

Public Interest Lawyer: Yes

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

South Carolina DOC (Fairfax), None

Case Details

Causes of Action:

42 U.S.C. § 1983

Availably Documents:

Trial Court Docket

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: 1986 - 1996

Issues

General:

Classification / placement

Fire safety

Food service / nutrition / hydration

Sanitation / living conditions

Staff (number, training, qualifications, wages)

Crowding:

Crowding / caseload

Affected Gender:

Female

Male

Medical/Mental Health:

Medical care, general

Type of Facility:

Government-run