Case: Grubbs v. Bradley

3:80-cv-03404 | U.S. District Court for the Middle District of Tennessee

Filed Date: Aug. 11, 1980

Closed Date: 2000

Clearinghouse coding complete

Case Summary

On August 11, 1980, several inmates filed pro se complaints in the United States District Court for the Middle District of Tennessee under 42 U.S.C. § 1983 against the Tennessee Attorney General. The cases were consolidated despite abstention issues and in light of the 6th Circuit's decision Hanna v. Toner. Attorneys were appointed to represent plaintiffs, including Legal Services of Middle Tennessee, Legal Services of South Central Tennessee, National Prison Project of the American Civil Liber…

On August 11, 1980, several inmates filed pro se complaints in the United States District Court for the Middle District of Tennessee under 42 U.S.C. § 1983 against the Tennessee Attorney General. The cases were consolidated despite abstention issues and in light of the 6th Circuit's decision Hanna v. Toner. Attorneys were appointed to represent plaintiffs, including Legal Services of Middle Tennessee, Legal Services of South Central Tennessee, National Prison Project of the American Civil Liberties Union, Rural Legal Services of Tennessee, and Legal Aid in Nashville. The plaintiff prisoners alleged that the conditions of confinement and practices in Tennessee's adult penal institutions amounted to cruel and unusual punishment in violation of the Eighth Amendment, applied to the states through the Fourteenth Amendment, as well as the state's constitution. The amended complaint also resulted in certification of the plaintiffs as a class of all present and future adult male inmates committed to the Tennessee Department of Correction.

The complaint challenged living conditions in Tennessee's prisons, ranging from overcrowding and sanitation to medical care and violence. Such "wanton infliction of unnecessary pain and suffering," the plaintiffs alleged, amounted to cruel and unusual punishment.

In August of 1982, the district court (Judge Leland Clure Morton) found that the conditions within Tennessee's adult penal institutions were unconstitutional under the Eighth Amendment and ordered the defendants to establish remedies and submit them to the court. Grubbs v. Bradley, 552 F.Supp. 1052 (M.D.Tenn. 1982). The court found specific facilities--but not all in the system--were inadequate to accommodate a growing prison population, and mandated that the prisons cease double celling in those units. While the court noted significant concern with prison conditions, including serious fire hazards and sanitation issues, it found them constitutionally adequate. Other sanitation issues, such as drinking water sanitation and absence of bedding cleaning procedure, were not found to rise to the level of unconstitutionality. However, the court did find that the constitution did require a level of hygiene in food preparation and kitchen sanitation that the prisons did not meet. The defendants would be required to implement a procedure to ensure basic sanitation practices. Issues of violence were found "endemic" to the system and warranting attention, but also "inevitable" and not unconstitutional. Similarly, it found the healthcare provided to inmates to be constitutionally adequate.

The court mandated that the defendants design a plan to address the constitutionally inadequate conditions and appoint a special master to evaluate the defendants' plan. Other remedial orders were issued by the court in this case, such as enjoining defendants from keeping prisoners in confinement without physical exercise for longer than one week. The defendants appointed Patrick D. McManus. In 1987, the court ordered the plans to be completed by 1992.

In a separate litigation concerning inmate populations at Tennessee penal institutions governed by the Grubbs population orders, the Sixth Circuit Court of Appeals (Judges Merritt, Nelson, and Lievely), remanded the case to the judge presiding over the Grubbs decree to oversee proceedings in that case consistent with the Grubbs order. Roberts v. Tennessee Department of Correction, 887 F.2d 1281. The Sixth Circuit noted that the Grubbs court should have jurisdiction of all matters pertaining to population limits and other matters of the Grubbs decree, and transferred the case to that judge.

On May 14, 1993, the matter came before the court regarding terminating the class action. The court (Judge Thomas A. Higgins) determined that conditions within Tennessee prisons had improved sufficiently to warrant the almost complete termination of court supervision, vacating and dissolving the injunction. Grubbs v. Bradley, 821 F.Supp. 496 (M.D.Tenn. 1993). The court retained jurisdiction in one area to ensure the defendants created a health care quality-assurance program. The court also awarded the plaintiffs' side attorney's fees and costs. The plaintiffs had moved to hold the defendants in contempt for violation of the injunction and the court denied without prejudice in 1999. The PACER docket indicates that defendants complied with this order and the docket ends on October 13, 2000 after several years of compliance review.

Summary Authors

Angela Heverling (5/18/2006)

Richard Jolly (11/14/2014)

Chelsea Rinnig (3/30/2018)

Related Cases

Tuggle v. Cook, Middle District of Tennessee (1983)

Carver v. Knox County, Eastern District of Tennessee (1986)

People


Judge(s)

Higgins, Thomas Aquinas (Tennessee)

Jarvis, James Howard II (Tennessee)

Lively, Pierce (Kentucky)

Merritt, Gilbert Stroud Jr. (Tennessee)

Morton, Leland Clure (Tennessee)

Nelson, David Aldrich (Ohio)

Attorneys(s) for Plaintiff

Bonnyman, George G. Jr. (Tennessee)

Bronstein, Alvin J. (District of Columbia)

Calhoon, Kathryn F. (Tennessee)

Carter, O. Michael (Tennessee)

Judge(s)

Higgins, Thomas Aquinas (Tennessee)

Jarvis, James Howard II (Tennessee)

Lively, Pierce (Kentucky)

Merritt, Gilbert Stroud Jr. (Tennessee)

Morton, Leland Clure (Tennessee)

Nelson, David Aldrich (Ohio)

Attorneys(s) for Plaintiff

Bonnyman, George G. Jr. (Tennessee)

Bronstein, Alvin J. (District of Columbia)

Calhoon, Kathryn F. (Tennessee)

Carter, O. Michael (Tennessee)

Correll, Frank C. (Tennessee)

Croce, Lenny L. (Tennessee)

Grimes, R. Dale (Tennessee)

Holliday, Drake (Tennessee)

Kipp, David C. Jr. (Tennessee)

Knowles, E. Clifton (Tennessee)

Kozlowski, David Arthur (Tennessee)

Mahn, Michael J. (Tennessee)

Moore, Shawn F. (District of Columbia)

Overby, Russell J. (Tennessee)

Vanderbilt, Susan Kay (Tennessee)

Attorneys(s) for Defendant

Burson, Charles W. (Tennessee)

Himmelreich, David M. (Tennessee)

Leech, William M. Jr. (Tennessee)

Littleton, Robert B. (Tennessee)

Pearingen, Michael D. (Tennessee)

Reevers, Stephanie (Tennessee)

Robinson, Charles E. (North Carolina)

Small, Jennifer Helton (Tennessee)

Southworth, John F. Jr. (Tennessee)

Zimmerman, John C. (Tennessee)

Other Attorney(s)

Charles, James Lawrence (Tennessee)

Kennedy, John Lee (Tennessee)

Documents in the Clearinghouse

Document

3:80-cv-03404

Docket (PACER)

Grubbs v. Reynolds

Oct. 13, 2000

Oct. 13, 2000

Docket

89-05307

Order

Roberts v. Tenn. DOC

U. S. Court of Appeals for the Sixth Circuit

887 F.2d 1281

Oct. 5, 1989

Oct. 5, 1989

Order/Opinion

3:80-cv-03404

80-03617

80-03616

80-03581

Memorandum

552 F.Supp. 1052

Aug. 13, 1992

Aug. 13, 1992

Order/Opinion
788

3:80-cv-03404

80-03617

80-03616

80-03581

80-03578

84-00256

88-00284

Memorandum

821 F.Supp. 496

May 14, 1993

May 14, 1993

Order/Opinion

Resources

Docket

Last updated June 4, 2022, 3:15 a.m.

ECF Number Description Date Link Date / Link
758

MOTION by plaintiff David Lee Carter for judgment (ks) (Entered: 07/17/1992)

July 31, 1991

July 31, 1991

724

MOTION by defendants to vacate remedial orders , and to dismiss (terminate) litigation (ks) (Entered: 09/05/1991)

Sept. 5, 1991

Sept. 5, 1991

725

MEMORANDUM by defendant in support of motion to vacate remedial orders [724-1], and dismiss (terminate) litigation [724-2] with attachments. (ks) (Entered: 09/05/1991)

Sept. 5, 1991

Sept. 5, 1991

726

ORDER by Judge Thomas A. Higgins: Court is in receipt of a letter dated 9/4/91, from Ralph Stanton Hayes, II, an inmate at the Lake County Regional Correctional Facility in Tiptonville, TN. Clerk is directed to file this letter, and the attachment thereto, as part of the record in this action and to furnish copies to the attorneys of record and the Special Master. Clerk is further directed to furnish a copy of this order to Mr. Hayes. (cc: all counsel) (ks) (Entered: 09/12/1991)

Sept. 11, 1991

Sept. 11, 1991

727

LETTER from Ralph Stanton Hayes, II with attachments. Filed per order #726. (ks) (Entered: 09/12/1991)

Sept. 12, 1991

Sept. 12, 1991

728

MOTION by plaintiffs to extend time to respond to motion to vacate and terminate (ks) (Entered: 09/17/1991)

Sept. 17, 1991

Sept. 17, 1991

729

MEMORANDUM by plaintiffs in support of motion to extend time to respond to motion to vacate and terminate [728-1] (ks) (Entered: 09/17/1991)

Sept. 17, 1991

Sept. 17, 1991

730

ORDER by Judge Thomas A. Higgins granting motion to extend time to respond to motion to vacate and terminate [728-1], motion to vacate remedial orders [724-1], and dismiss (terminate) litigation [724-2] response ddl extended through 10/21/91. (cc: all counsel) (ks) (Entered: 09/23/1991)

Sept. 20, 1991

Sept. 20, 1991

731

ORDER by Judge Thomas A. Higgins: Court is in receipt of a letter dated 9/30/91 from Ralph S. Hayes, II, an inmate at the Lake County Regional Correctional Facility in Tiptonville, TN. Clerk is directed to file this letter, and the attachment thereto, as part of the record in this action and to furnish copies to the attorneys of record and the Special Master. Clerk is further directed to furnish a copy of this order to Mr. Hayes. (cc: all counsel) (ks) (Entered: 10/03/1991)

Oct. 2, 1991

Oct. 2, 1991

732

LETTER from Ralph S. Hayes, II with attachments. Filed per order #731. (ks) (Entered: 10/03/1991)

Oct. 3, 1991

Oct. 3, 1991

734

NOTICE by plaintiffs of filing documents, Exh. 1991-A through 1991-F with documents attached. (ks) (Entered: 10/23/1991)

Oct. 22, 1991

Oct. 22, 1991

735

SCHEDULING ORDER by Judge Thomas A. Higgins: Oral argument set for 1:00 on 2/28/92. Hearing set for 5/15/92 at 1:00 p.m. regarding respective objections of parties to 4/15/91 report and recommendations of the Special Master and any other matters as directed by the Court. See order for filing deadlines. (cc: all counsel) (ks) Modified on 02/05/1992 (Entered: 12/18/1991)

Dec. 17, 1991

Dec. 17, 1991

736

BRIEF FILED by plaintiffs regarding the scope of permanent injunctive relief. (ks) (Entered: 02/04/1992)

Feb. 3, 1992

Feb. 3, 1992

737

BRIEF FILED by defendants in opposition to 1) the orders of the Court being applied to all state adult penal facilities and to 2) continuing injunctive relief in this case. (ks) (Entered: 02/05/1992)

Feb. 3, 1992

Feb. 3, 1992

738

REPLY BRIEF of plaintiff to defendant's brief [737-1] (ks) (Entered: 02/13/1992)

Feb. 12, 1992

Feb. 12, 1992

739

RESPONSE by defendants to plaintiffs' brief regarding the scope of permanent injunctive relief in this case [736-1] (af) (Entered: 02/19/1992)

Feb. 14, 1992

Feb. 14, 1992

740

STIPULATION of parties regarding 2/28/92 oral argument with Exhibits A-C attached. (ks) (Entered: 02/28/1992)

Feb. 28, 1992

Feb. 28, 1992

741

CLERK'S RESUME: Status conference held 2/28/92 . 1) Inj. relief beyond 6/30/92. 2) any and all institutions. Court to consider. C/R: Jim Spence (ks) (Entered: 02/28/1992)

Feb. 28, 1992

Feb. 28, 1992

742

MOTION by special master Patrick McManus to extend time to file a compliance report with the Court with attachments. (ks) (Entered: 04/07/1992)

April 7, 1992

April 7, 1992

743

INTERIM REPORT by special master (ks) (Entered: 04/09/1992)

April 8, 1992

April 8, 1992

744

ORDER by Judge Thomas A. Higgins granting Special Master's motion to extend time to file a compliance report with the Court [742-1] and the time is so extended through 4/30/92. The hearing set for 5/15/92, will remain set as per the scheduling order. (cc: all counsel) (ks) (Entered: 04/12/1992)

April 10, 1992

April 10, 1992

MAIL Returned [744-1] addressed to plaintiff Scotty Grubbs' attorney David C. Kipp, Jr. marked, "Forwarding Order Expired." (ks) (Entered: 04/21/1992)

April 15, 1992

April 15, 1992

759

MOTION by Derek Dupree for contempt (ks) (Entered: 07/17/1992)

April 29, 1992

April 29, 1992

760

AFFIDAVIT of Class Plaintiffs re [759-1] (ks) (Entered: 07/17/1992)

April 29, 1992

April 29, 1992

745

REPORT by special master Patrick McManus re: the defendants' compliance with the Court's orders with attachments. (ks) (Entered: 05/04/1992)

May 1, 1992

May 1, 1992

746

RESPONSE by defendants to report of the Special Master [745-1] (ks) (Entered: 05/07/1992)

May 6, 1992

May 6, 1992

747

WITNESS/EXHIBIT list by defendants (mg) (Entered: 05/15/1992)

May 15, 1992

May 15, 1992

748

CLERK'S RESUME: Hearing on R&R of Special Master held on 5/15/92 . Pat McManus, Special Master, present. Exhibit/Witness list attached. C/R: Jim Spence (ks) (Entered: 05/18/1992)

May 15, 1992

May 15, 1992

749

TRANSCRIPT filed of proceedings - objections to R&R hearing held 5/15/92. (ks) (Entered: 06/01/1992)

June 1, 1992

June 1, 1992

750

MOTION by plaintiffs for leave to file exhibits with exhibits attached. (ks) (Entered: 06/11/1992)

June 5, 1992

June 5, 1992

751

SUPPLEMENTAL BRIEF by plaintiff to brief [736-1] regarding the scope of the final order (ks) (Entered: 06/11/1992)

June 5, 1992

June 5, 1992

752

ORDER by Judge Thomas A. Higgins granting motion for leave to file exhibits [750-1] (cc: all counsel) EOD 6/25/92 (mg) (Entered: 06/25/1992)

June 25, 1992

June 25, 1992

MAIL Returned [752-1] addressed to Attorney David Kipp Jr. marked forwarding order expired (mg) (Entered: 07/08/1992)

June 29, 1992

June 29, 1992

753

ORDER Clerk directed to file the Supplemental Report and furnish copies to the attorneys of record by Judge Thomas A. Higgins (cc: all counsel) eod 7/8/92 (mg) (Entered: 07/08/1992)

July 8, 1992

July 8, 1992

754

SUPPLEMENTAL REPORT by special master Patrick McManus Copies to attorneys of record (mg) (Entered: 07/08/1992)

July 8, 1992

July 8, 1992

755

ORDER: Clerk directed to file letter from Romie P. Hopper dated 7/6/92 and furnish a cy to attys of record and to send cy of order to Mr. Hopper by Judge Thomas A. Higgins (cc: all counsel) eod 7/9/92 (mg) (Entered: 07/09/1992)

July 9, 1992

July 9, 1992

756

LETTER from Romie P. Hopper and various other inmates housed at the recently opened Special Needs Facility in Nashville (mg) (Entered: 07/09/1992)

July 9, 1992

July 9, 1992

757

RESPONSE by dfts to the supplemental report of the Special Master regarding capacities of correctional institutions and the closure of the Tennessee State Penitentiary (dm) (Entered: 07/13/1992)

July 9, 1992

July 9, 1992

MAIL Returned addressed to David Clare Kipp, Jr., Esq. marked "Forwarding Order Expired". Clerk phone his office and was given his new address. Clerk forwarded documents 753 and 754 to Mr. Kipp on 7/13/92 (dm) (Entered: 07/13/1992)

July 13, 1992

July 13, 1992

MAIL Returned Order [755-1] addressed to David Clare Kipp, Jr., Esq. Clerk forwarded Order to his new address o 7/15/92 (dm) (Entered: 07/15/1992)

July 14, 1992

July 14, 1992

761

ORDER: Clerk directed to file the letter dated 7/16/92 from Ms. Beverly Burress and to furnish a copy to the attys of record and the Special Master Copy of this order to Ms. Burress by Judge Thomas A. Higgins (cc: all counsel) EOD 7/22/92 (mg) (Entered: 07/22/1992)

July 22, 1992

July 22, 1992

762

LETTER from Ms. Beverly Burress with copy of letter to Warden Bradley attached (mg) (Entered: 07/22/1992)

July 22, 1992

July 22, 1992

763

ORDER by Judge Thomas A. Higgins Copy of motion for contempt [759-1] and this order to attys of record and the Special Mastger Dfts shall respond to the motion for contemp w/in 15 days (8/6/92) (cc: all counsel) EOD 7/22/92 (mg) (Entered: 07/22/1992)

July 22, 1992

July 22, 1992

764

MOTION by defendants to extend time to respond to m for contempt up to 9/5/92 (mg) (Entered: 08/10/1992)

Aug. 6, 1992

Aug. 6, 1992

765

ORDER: Inasmuch as the Special Master in this case has in his possession many documents not heretofore made a part of this Court's file, the Special Master is directed re sending docs as follows: (See Order) Clerk directed to no longer send orders, papers to Special master's Nashville address by Judge Thomas A. Higgins (cc: EOD 8/11/92 all counsel) (mg) (Entered: 08/11/1992)

Aug. 11, 1992

Aug. 11, 1992

766

ORDER by Judge Thomas A. Higgins granting motion to extend time to respond to m for contempt up to 9/5/92 [764-1] motion for contempt [759-1] resp due 9/5/92 (cc: all counsel) EOD 8/11/92 (mg) (Entered: 08/11/1992)

Aug. 11, 1992

Aug. 11, 1992

807

NOTICE by special master P. McManus - of filing: Box 1 - Papers relating to Prison Conditions Litigation (mg) (Entered: 07/19/1993)

Aug. 13, 1992

Aug. 13, 1992

808

NOTICE by special master P. McManus - of filing: Box 2 - Papers relating to Prison Conditions Litigation (mg) (Entered: 07/19/1993)

Aug. 13, 1992

Aug. 13, 1992

809

NOTICE by special master P. McManus - of filing: Box 3 - Papers relating to Prison Conditions Litigation (mg) (Entered: 07/19/1993)

Aug. 13, 1992

Aug. 13, 1992

810

NOTICE by special master P. McManus - of filing: Box 4 Papers relating to Prison Conditions Litigation (mg) (Entered: 07/19/1993)

Aug. 13, 1992

Aug. 13, 1992

811

NOTICE by special master P. McManus - of filing Box 5 Papers relating to Prison Conditions Litigation (mg) (Entered: 07/19/1993)

Aug. 13, 1992

Aug. 13, 1992

812

NOTICE by special master P. McManus - of filing: Box 6 Papers relating to Prison Conditions Litigation (mg) (Entered: 07/19/1993)

Aug. 13, 1992

Aug. 13, 1992

813

NOTICE by special master P. McManus - of filing: Box 7 Papers relating to Prison Conditions Litigation (mg) (Entered: 07/19/1993)

Aug. 13, 1992

Aug. 13, 1992

814

NOTICE by special master P. McManus - of filing: Box 8 Papers relating to Prison Conditions Litigation (mg) (Entered: 07/19/1993)

Aug. 13, 1992

Aug. 13, 1992

815

NOTICE by special master P. McManus - of filing: Box 9 Papers relating to Prison Conditions Litigation (mg) (Entered: 07/19/1993)

Aug. 13, 1992

Aug. 13, 1992

816

NOTICE by special master P. McManus - of filing: Box 10 Papers relating to Prison Conditions Litigation (mg) (Entered: 07/19/1993)

Aug. 13, 1992

Aug. 13, 1992

817

NOTICE by special master P. McManus - of filing: Box 11 Papers relating to Prison Conditions Litigation (mg) (Entered: 07/19/1993)

Aug. 13, 1992

Aug. 13, 1992

ORDER by Judge Thomas A. Higgins denying motion for judgment [758-1] This motion is moot since the Court has ruled on Mr. Carter's amended petition. the motion for judgment is cross docketed in 3:83- 1009 (cc: all counsel) (mg) (Entered: 08/20/1992)

Aug. 20, 1992

Aug. 20, 1992

767

MOTION by defendant to extend (mg) (Entered: 09/09/1992)

Sept. 8, 1992

Sept. 8, 1992

768

ORDER by Judge Thomas A. Higgins granting defendants' motion to extend time to respond [767-1]. Defendants have through 9/20/92 to respond to motion for contempt [759-1]. (EOD 9/11/92) (cc: all counsel) (ks) (Entered: 09/11/1992)

Sept. 11, 1992

Sept. 11, 1992

769

NOTICE by Derek Dupree, #390721, of change of address from Lake County Regional Correctional Facility to Northwest Correction Center, Route #1, Box 660, Tiptonville, TN 38079 (pb) (Entered: 09/22/1992)

Sept. 17, 1992

Sept. 17, 1992

770

RESPONSE by defendants to motion for contempt by Derek Dupree and others [759-1] (pb) (Entered: 09/22/1992)

Sept. 21, 1992

Sept. 21, 1992

771

AFFIDAVIT of Frank T. Markham, Jr. re motion response [770-1] (pb) (Entered: 09/22/1992)

Sept. 21, 1992

Sept. 21, 1992

799

MOTION by Jabari Issa Mandela, pro se and others similarly situated at the Northwest Correction Center, co-plas in the above-entitled cause for contempt of Court (attached afdt of Steve Pickett, #204672)(Motion was incorrectly docketed in Mandela v. Little, 3:90-422, and therefore is out of chronological order) (dm) (Entered: 06/14/1993)

Oct. 2, 1992

Oct. 2, 1992

800

REPLY re [760-1], re [759-1] (dm) (Entered: 06/14/1993)

Oct. 2, 1992

Oct. 2, 1992

772

SUPPLEMENTAL REPORT by unknown Allen Breed, Special Master regarding dfts' compliance with the Court's orders in this matter (docket entry No. 745) With Exhibits A & B (mg) Modified on 11/06/1992 (Entered: 11/06/1992)

Nov. 6, 1992

Nov. 6, 1992

773

ORDER by Judge Thomas A. Higgins: Objs to the Supplemental Report of the Special Master filed 11/6/92 shall be filed with the Clerk w/in 10 days of receipt of this order, and shall state with particularity the specific portions of the Report to which obj is made (cc: all counsel) EOD 11/12/92 (mg) (Entered: 11/12/1992)

Nov. 12, 1992

Nov. 12, 1992

774

RESPONSE (waiver of objs to supl report of spec master) by plaintiff to [773-1] (mg) (Entered: 11/18/1992)

Nov. 18, 1992

Nov. 18, 1992

775

AFFIDAVIT of Khalil-Ullah Abdul Al Muhaymin (mg) (Entered: 11/20/1992)

Nov. 18, 1992

Nov. 18, 1992

777

MOTION to intervene by Ronald L. Davis (mg) (Entered: 03/01/1993)

Feb. 22, 1993

Feb. 22, 1993

778

ORDER by Judge Thomas A. Higgins: Clerk directed to furnish a copy of motion to intervene of Ronald Davis to the attys of record in this action. Parties to respond w/in 10 days from date of entry of this order on the docket (cc: all counsel) EOD 3/4/93 (mg) (Entered: 03/04/1993)

March 4, 1993

March 4, 1993

781

MOTION for Court to order or assign Special Master to investigate beatings at Brushy (mg) (Entered: 03/15/1993)

March 8, 1993

March 8, 1993

782

RESPONSE by plaintiffs to motion to intervene by Ronald L. Davis [777-1] (mg) (Entered: 03/15/1993)

March 10, 1993

March 10, 1993

779

ORDER by Judge Thomas A. Higgins Clerk to file letter rec'd 3/11/93, from Monroe E. Davis and send copy of letter to attys of record Copy of order to Mr. Davis (cc: all counsel) EOD 3/15/93 (mg) (Entered: 03/15/1993)

March 15, 1993

March 15, 1993

780

LETTER from plaintiff Ronald L. Davis (rec'd 3/11/93) (mg) (Entered: 03/15/1993)

March 15, 1993

March 15, 1993

783

RESPONSE by defendant to motion to intervene by Ronald L. Davis [777-1] (mg) (Entered: 03/16/1993)

March 15, 1993

March 15, 1993

784

ORDER by Judge Thomas A. Higgins: Clerk directed to file letter from Mr. Richard L. Northcott, dated March 25, 1993, and send copy of letter with this order to attys of record (cc: all counsel and to Mr. Northcott) EOD 4/1/93 (mg) Modified on 04/01/1993 (Entered: 04/01/1993)

April 1, 1993

April 1, 1993

785

LETTER to Judge Higgins from Mr. Richard L. Northcott, #93811 (mg) (Entered: 04/01/1993)

April 1, 1993

April 1, 1993

786

LETTER from Emmanuel Mitchell (mg) (Entered: 04/15/1993)

April 12, 1993

April 12, 1993

787

MOTION by plaintiff Carl Fishe for contempt against CCA/SCCC Officials and Christine Bradley (mg) (Entered: 05/10/1993)

May 5, 1993

May 5, 1993

788

MEMORANDUM OF THE COURT (cc: all counsel) EOD 5/14/93 (mg) (Entered: 05/14/1993)

May 14, 1993

May 14, 1993

789

ORDER by Judge Thomas A. Higgins: All remedial orders and injunctive relief heretofore entered on an interlocutory basis are herewith vacated and dissolved; The supervisory control of the penal institutions involved in this litigation is terminated and returned to the officials of the State of TN; Special Master, Mr. McManus, will be discharged 30 days from date of entry of this order on the docket in order to give him time to wind up the affairs of his office and organize the files in his possession to be delivered to the Clerk of the Court dismissing case (cc: all counsel) EOD 5/14/93 (mg) (Entered: 05/14/1993)

May 14, 1993

May 14, 1993

790

MOTION to vacate filed by David Lee Carter member of the pla class in the above action (mg) Modified on 05/24/1993 (Entered: 05/24/1993)

May 24, 1993

May 24, 1993

792

ORDER by Judge Thomas A. Higgins denying motion for Court to order or assign Special Master to investigate beatings at Brushy [781-1] (cc: all counsel, USA, and to Mssrs. Mitchell and McCraig) EOD 6/1/93 (mg) (Entered: 06/01/1993)

June 1, 1993

June 1, 1993

793

ORDER by Judge Thomas A. Higgins denying motion to intervene by Ronald L. Davis [777-1] This litigation has been concluded, and Mr. Davis' motion was untimely and not well-founded (cc: all counsel) EOD 6/1/93 (mg) (Entered: 06/01/1993)

June 1, 1993

June 1, 1993

794

NOTICE OF APPEAL from Dist. Court decision [791-1] (mg) (Entered: 06/02/1993)

June 1, 1993

June 1, 1993

REMARK: Copy of NOA to attys of record (mg) (Entered: 06/02/1993)

June 2, 1993

June 2, 1993

795

ORDER by Judge Thomas A. Higgins: The clerk is directed to file letter dated 5/25/93, from Mr. J. E. Powell and send copies to attys of record (cc: all counsel and to Mr. Powell) EOD 6/4/93 (mg) (Entered: 06/04/1993)

June 4, 1993

June 4, 1993

796

LETTER w/attachment dated 5/25/93, from Mr. J. E. Powell re motion to reconsider or appealing Court order (mg) (Entered: 06/04/1993)

June 4, 1993

June 4, 1993

797

MOTION to extend time w/in which to apply for attys fees (mg) (Entered: 06/09/1993)

June 8, 1993

June 8, 1993

Short Record on Appeal sent to 6th CCA re [794-1] (mg) (Entered: 06/10/1993)

June 10, 1993

June 10, 1993

798

ORDER by Judge Thomas A. Higgins granting motion to extend time w/in which to apply for attys fees [797-1] up to 6/28/93 (cc: all counsel) EOD 6/11/93 (mg) (Entered: 06/11/1993)

June 11, 1993

June 11, 1993

REMARK: On 10/2/92, Jabari Issa Mandela, filed a Motion for Contempt and a Reply. Pleadings were incorrectly docketed in case 3:90- cv-422, Mandela vs. Little. Pleadings were correctly docketed in 3:80- 3404, Grubbs vs. Little on 6/14/93, as document #799 and #800 respectively, therefore pleadings are not in chronological order (dm) (Entered: 06/14/1993)

June 14, 1993

June 14, 1993

801

ORDER by Judge Thomas A. Higgins denying motion for contempt of Court [799-1] by Jabari Issa Mandela. 1983 packet with instruction sent to movant as directed by the Court (cc: all counsel) EOD 6/18/93 (mg) (Entered: 06/18/1993)

June 18, 1993

June 18, 1993

802

REPORT by special master P. McManus - regarding the disposition of documents and papers in his possession (mg) (Entered: 06/23/1993)

June 21, 1993

June 21, 1993

NOTIFICATION by 6th CCA of Appellate Docket Number 93-5811 (mg) (Entered: 06/25/1993)

June 21, 1993

June 21, 1993

818

NOTICE by special master P. McManus - of filing: Box 12 Papers relating to Prison Conditions Litigation (mg) Modified on 07/19/1993 (Entered: 07/19/1993)

June 23, 1993

June 23, 1993

819

NOTICE by special master P. McManus - of filing: Box 13 Papers relating to Prison Conditions Litigation (mg) Modified on 07/19/1993 (Entered: 07/19/1993)

June 23, 1993

June 23, 1993

820

NOTICE by special master P. McManus - of filing: Box 14 Papers relating to Prison Conditions Litigation (mg) (Entered: 07/19/1993)

June 23, 1993

June 23, 1993

821

NOTICE by special master P. McManus - of filing: Box 15 Papers relating to Prison Conditions Litigation (mg) (Entered: 07/19/1993)

June 23, 1993

June 23, 1993

Case Details

State / Territory: Tennessee

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Aug. 11, 1980

Closing Date: 2000

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All present and future adult inmates committed to the custody of the Tennessee Department of Correction (TDOC).

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National Prison Project

Legal Services/Legal Aid

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Tennessee Department of Corrections, State

Tenn. Prison System, State

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

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Litigation

Order Duration: 1982 - 2000

Content of Injunction:

Monitor/Master

Issues

General:

Assault/abuse by residents/inmates/students

Bathing and hygiene

Conditions of confinement

Food service / nutrition / hydration

Recreation / Exercise

Sanitation / living conditions

Totality of conditions

Crowding:

Crowding / caseload

Pre-PLRA Population Cap

Affected Gender:

Female

Male

Medical/Mental Health:

Medical care, general

Type of Facility:

Government-run