Case: Mumpower v. Shelby County

2:98-cv-01097 | U.S. District Court for the Northern District of Alabama

Filed Date: May 4, 1998

Closed Date: 1999

Clearinghouse coding complete

Case Summary

On May 4, 1998, two women arrested on separate alcohol-related charges filed a lawsuit under 42 U.S.C. §1983 in U.S. District Court for the North District of Alabama challenging the strip search policy of the Shelby County Jail. The policy was to strip search all arrestees who were to be placed into general population, regardless of whether there was any suspicion of concealing contraband. One of the plaintiffs also alleged that she was subjected to excessive force by jail guards.

On April 14, 1999, the District Court (Judge Inge P. Johnson) granted summary judgment to the defendants on plaintiffs' claims that they were each subjected to an unconstitutional strip search. Judge Johnson denied defendants' motion as to the excessive force claim, finding that there were factual issues for the jury to resolve. Shortly after the Court's ruling, the parties settled the case and filed a stipulation for dismissal with prejudice. The settlement terms are unknown.

Summary Authors

Dan Dalton (8/8/2007)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5261362/parties/mumpower-v-shelby-county/


Judge(s)

Johnson, Inge Prytz (Alabama)

Smith, Charles Lynwood Jr. (Alabama)

Attorneys(s) for Plaintiff

Bennitt, Jeffrey William (Alabama)

Bufford-Bennitt, Robyn G. (Alabama)

Gray, Kenneth F. Jr. (Alabama)

Attorneys(s) for Defendant

Compton, L. Hunter Jr. (Alabama)

Dodson, John W (Alabama)

Ellis, Frank C. Jr. (Alabama)

Judge(s)

Johnson, Inge Prytz (Alabama)

Smith, Charles Lynwood Jr. (Alabama)

Attorneys(s) for Plaintiff

Bennitt, Jeffrey William (Alabama)

Bufford-Bennitt, Robyn G. (Alabama)

Gray, Kenneth F. Jr. (Alabama)

Attorneys(s) for Defendant

Compton, L. Hunter Jr. (Alabama)

Dodson, John W (Alabama)

Ellis, Frank C. Jr. (Alabama)

Documents in the Clearinghouse

Document

2:98-cv-01097

Docket [PACER]

June 16, 1999

June 16, 1999

Docket
22

2:98-cv-01097

Order Dismissing Defendant Shelby County

Sept. 10, 1998

Sept. 10, 1998

Order/Opinion
44

2:98-cv-01097

[Order Granting] Motion to Compel

Mumpower v. Jones

Jan. 7, 1999

Jan. 7, 1999

Order/Opinion
66

2:98-cv-01097

Order [Dismissing Most Claims]

Mumpower v. Jones

April 14, 1999

April 14, 1999

Order/Opinion
65

2:98-cv-01097

Memorandum Opinion [Dismissing Most Claims]

Mumpower v. Jones

April 14, 1999

April 14, 1999

Order/Opinion
73

2:98-cv-01097

Order of Dismissal

Mumpower v. Jones

June 16, 1999

June 16, 1999

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5261362/mumpower-v-shelby-county/

Last updated Aug. 1, 2022, 3:18 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed, amount paid $ 150., receipt # 200 126042 (Former Employee) (Entered: 05/06/1998)

May 4, 1998

May 4, 1998

2

REQUEST of plaintiff for service to Shelby County by certified mail filed (Former Employee) (Entered: 05/06/1998)

May 4, 1998

May 4, 1998

3

REQUEST of plaintiff for service to Sheriff James Jones by certified mail filed (Former Employee) (Entered: 05/06/1998)

May 4, 1998

May 4, 1998

4

REQUEST of plaintiff for service to Captain Wayne Watts by certified mail filed (Former Employee) (Entered: 05/06/1998)

May 4, 1998

May 4, 1998

5

REQUEST of plaintiff for service to Deputy Jason Smitherman by certified mail filed (Former Employee) (Entered: 05/06/1998)

May 4, 1998

May 4, 1998

6

REQUEST of plaintiff for service to Deputy Stacy Blankenship by certified mail filed (Former Employee) (Entered: 05/06/1998)

May 4, 1998

May 4, 1998

SUMMONS and complaint issued certified mail to dfts. Shelby County, Sheriff James Jones, Captain Wayne Watts, Deputy Jason Smitherman, Deputy Stacy Blankenship by clerk. (Former Employee) (Entered: 05/06/1998)

May 6, 1998

May 6, 1998

7

SUMMONS and complaint returned executed: upon defendant Shelby County on 5/7/98 filed (Former Employee) (Entered: 05/11/1998)

May 11, 1998

May 11, 1998

8

SUMMONS and complaint returned executed: upon dft James E Jones, dft Jason Smitherman, dft Stacy Blankenship, dft Wayne Watts on 5/8/98 filed (Former Employee) (Entered: 05/13/1998)

May 11, 1998

May 11, 1998

9

ANSWER by defendants w/appear by atty(s) John W Dodson, Frank C Ellis Jr filed cs (Former Employee) (Entered: 06/05/1998)

June 3, 1998

June 3, 1998

10

ORDER that the parties are reminded of their obligaitons under Rule 26; further that any party anticipating seeking an award of attys fee must file time records as more fully set out in the order filed ( by Judge C L. Smith Jr ) cm (LCW) (Entered: 06/05/1998)

June 5, 1998

June 5, 1998

11

MOTION by defendants to sever claims of pla Cheryl Rhena Grauel from this action filed cs (Former Employee) (Entered: 06/12/1998)

June 11, 1998

June 11, 1998

12

OBJECTIONS by plas to [11-1] filed cs (Former Employee) (Entered: 06/17/1998)

June 15, 1998

June 15, 1998

13

MOTION by pla Tami G Mumpower to amend complaint w/amendment to complaint attached filed cs (Former Employee) (Entered: 06/24/1998)

June 22, 1998

June 22, 1998

14

Report of Parties (form 35) of compliance with FRCP 26 filed cs (Former Employee) (Entered: 06/26/1998)

June 24, 1998

June 24, 1998

15

ORDER Scheduling that ;discovery cutoff 6/30/98 and dispositive motions deadline 02/01/99, by Judge C L. Smith Jr entered cm (DJG) (Entered: 06/30/1998)

June 30, 1998

June 30, 1998

16

NOTICE of substitution of counsel filed by defendants cs (Former Employee) (Entered: 07/06/1998)

July 6, 1998

July 6, 1998

17

16 - ORDER granting notice [16-1] ( by Judge C L. Smith Jr ) entered cm (Former Employee) (Entered: 07/13/1998)

July 13, 1998

July 13, 1998

18

ORDER granting motion to amend complaint [13-1], dfts allowed 20 days to respond to amended complaint; denying motion to sever claims of pla Cheryl Rhena Grauel from this action [11-1] w/out prejudice to refile at close of discovery; case removed from 7/14/98 motion docket filed ( by Judge C L. Smith Jr ) cm (Former Employee) (Entered: 07/13/1998)

July 13, 1998

July 13, 1998

19

AMENDMENT to complaint filed by plaintiff Tami G Mumpower [1-1] filed cs (Former Employee) (Entered: 07/23/1998)

July 13, 1998

July 13, 1998

20

Notice of plaintiff of filing of attorney time records in response to order # [10-1] filed cs (Former Employee) (Entered: 08/19/1998)

Aug. 17, 1998

Aug. 17, 1998

21

STIPULATION of parties for dismissal of dft Shelby County filed cs (Former Employee) (Entered: 09/10/1998)

Sept. 10, 1998

Sept. 10, 1998

22

ORDER granting stipulation [21-1] to dismiss party Shelby County ; all remaining dfts shall file an answer to the complaint as amended w/in 10 days filed ( by Judge C L. Smith Jr ) cm (Former Employee) (Entered: 09/10/1998)

Sept. 10, 1998

Sept. 10, 1998

23

MOTION by pla to compel initial disclosures filed cs (Former Employee) (Entered: 09/16/1998)

Sept. 15, 1998

Sept. 15, 1998

25

Notice of plaintiff of filing of attorney time records in response to order # [10-1] filed no cs (Former Employee) (Entered: 09/17/1998)

Sept. 15, 1998

Sept. 15, 1998

26

Notice of plaintiff of filing of attorney time records in response to order # [10-1] filed no cs (Former Employee) (Entered: 09/17/1998)

Sept. 15, 1998

Sept. 15, 1998

24

ANSWER by dfts to amended complaint filed cs (Former Employee) (Entered: 09/17/1998)

Sept. 17, 1998

Sept. 17, 1998

27

23 - ORDER finding the motion to compel initial disclosures [23-1] moot ( by Judge C L. Smith Jr ) entered cm (LCW) (Entered: 09/17/1998)

Sept. 17, 1998

Sept. 17, 1998

28

MOTION by pla to amend complaint w/amended complaint attached filed cs (Former Employee) (Entered: 09/28/1998)

Sept. 24, 1998

Sept. 24, 1998

DOCKET modification (utility event) ; Motion docket set for 10:00 10/20/98 in Huntsville (LCW) (Entered: 10/08/1998)

Oct. 8, 1998

Oct. 8, 1998

29

ORDER granting motion to amend complaint [28-1] removed from Motion docket of 10/20/98 filed ( by Judge C L. Smith Jr ) (Former Employee) (Entered: 10/15/1998)

Oct. 15, 1998

Oct. 15, 1998

30

AMENDED complaint filed by plaintiff [19-1], [1-1]; jury demand filed cs (Former Employee) (Entered: 10/15/1998)

Oct. 15, 1998

Oct. 15, 1998

31

Notice of plaintiff of filing of attorney time records in response to order # [10-1] filed (Former Employee) (Entered: 10/19/1998)

Oct. 15, 1998

Oct. 15, 1998

32

NOTICE of appearance for plas by Robyn G Bufford, Kenneth F Gray Jr filed cs (Former Employee) (Entered: 11/04/1998)

Nov. 2, 1998

Nov. 2, 1998

33

MOTION by plas to amend complaint filed cs (Former Employee) (Entered: 11/16/1998)

Nov. 13, 1998

Nov. 13, 1998

35

REQUEST of pla for service by certified mail re: Georgiana Smith filed (Former Employee) (Entered: 11/16/1998)

Nov. 13, 1998

Nov. 13, 1998

34

33 - ORDER denying motion to amend complaint [33-1]; see scheduling order enterd 6/30/98 (doc 15) ( by Judge C L. Smith Jr ) entered cm (Former Employee) (Entered: 11/16/1998)

Nov. 16, 1998

Nov. 16, 1998

36

Notice of plaintiff of filing of attorney time records in response to order # [10-1] filed cs (Former Employee) (Entered: 11/18/1998)

Nov. 16, 1998

Nov. 16, 1998

37

Notice of plaintiff of filing of attorney time records in response to order # [10-1] filed cs (Former Employee) (Entered: 11/18/1998)

Nov. 16, 1998

Nov. 16, 1998

38

NOTICE of reassignment Case reassigned to Judge Inge P. Johnson cm (Former Employee) (Entered: 11/23/1998)

Nov. 23, 1998

Nov. 23, 1998

39

REQUEST of plaintiff for service by certified mail on dft Georgiana Smith filed (ASL) (Entered: 12/02/1998)

Nov. 25, 1998

Nov. 25, 1998

SUMMONS and complaint issued on Georgiana Smith mailed certified mail (ASL) (Entered: 12/02/1998)

Dec. 2, 1998

Dec. 2, 1998

40

SUMMONS and complaint returned executed: upon defendant Georgiana Smith on 12/3/98 filed (ASL) (Entered: 12/04/1998)

Dec. 4, 1998

Dec. 4, 1998

41

MOTION by dfts to compel pla to produce records & documents relevant to the claims in her lawsuit filed w/exh att cs (ASL) (Entered: 01/05/1999)

Jan. 4, 1999

Jan. 4, 1999

42

MOTION by dfts to extend time to depose John Giambrone & Georgiana Smith filed cs (ASL) (Entered: 01/05/1999)

Jan. 4, 1999

Jan. 4, 1999

43

42 - ORDER granting motion to extend time to depose John Giambrone & Georgiana Smith [42-1] ( by Judge Inge P. Johnson ) entered cm (ASL) (Entered: 01/08/1999)

Jan. 7, 1999

Jan. 7, 1999

44

41 - ORDER granting motion to compel pla to produce records & documents relevant to the claims in her lawsuit [41-1] ( by Judge Inge P. Johnson ) entered cm (ASL) (Entered: 01/08/1999)

Jan. 7, 1999

Jan. 7, 1999

45

MOTION by dfts James E Jones, Wayne Watts, Jason Smitherman, Stacy Blankenship, Georgiana Smith to extend time for filing motions for summary judgment & to name expert filed cs (ASL) (Entered: 01/26/1999)

Jan. 25, 1999

Jan. 25, 1999

46

MOTION by defendant Georgiana Smith to quash complaint served upon her filed w/exh att cs (ASL) (Entered: 01/27/1999)

Jan. 26, 1999

Jan. 26, 1999

47

ORDER granting motion to extend time for filing motions for summary judgment until 2/26/99 & to name expert until 2/15/99 [45-1] filed ( by Judge Inge P. Johnson ) cm (ASL) (Entered: 01/28/1999)

Jan. 28, 1999

Jan. 28, 1999

48

ORDER In-court hearing on dft's motion to quash set for 3:00 p.m. on 2/22/99 filed ( by Judge Inge P. Johnson ) cm (ASL) (Entered: 01/28/1999)

Jan. 28, 1999

Jan. 28, 1999

49

ORDER (amended) In-court hearing on dft Georgiana Smith's motion to quash set for 9:00 a.m. on 2/16/99 in Birmingham, AL filed ( by Judge Inge P. Johnson ) cm (ASL) (Entered: 01/29/1999)

Jan. 29, 1999

Jan. 29, 1999

50

NOTICE of compliance by plaintiff Tami G Mumpower with [44-1] filed w/exh att cs (ASL) (Entered: 02/02/1999)

Feb. 1, 1999

Feb. 1, 1999

51

MOTION by plaintiff to amend complaint filed cs (ASL) (Entered: 02/05/1999)

Feb. 4, 1999

Feb. 4, 1999

52

ORDER setting motion to amend complaint [51-1] ; on motion docket at 9:00 2/16/99 filed ( by Judge Inge P. Johnson ) cm (BST) (Entered: 02/10/1999)

Feb. 10, 1999

Feb. 10, 1999

53

NOTICE of appearance for defendants by L Hunter Compton Jr filed cs (BST) (Entered: 02/11/1999)

Feb. 10, 1999

Feb. 10, 1999

54

OBJECTIONS by defendants James E Jones, Wayne Watts, Stacy Blankenship, Jason Smitherman to motion for leave to amend [51-1] filed cs (BST) (Entered: 02/11/1999)

Feb. 10, 1999

Feb. 10, 1999

55

ORDER denying motion to quash complaint served upon her [46-1] denying motion to amend complaint [51-1] filed ( by Judge Inge P. Johnson ) cm (BST) (Entered: 02/16/1999)

Feb. 16, 1999

Feb. 16, 1999

56

ANSWER to amended complaint by defendants filed cs (BST) (Entered: 02/23/1999)

Feb. 23, 1999

Feb. 23, 1999

57

MOTION by defendants for summary judgment w/ exh att filed cs (BST) (Entered: 02/26/1999)

Feb. 26, 1999

Feb. 26, 1999

58

ORDER that the parties shall comply with the sumjgm scheduling order att as exh A filed ( by Judge Inge P. Johnson ) cm (BST) (Entered: 03/01/1999)

March 1, 1999

March 1, 1999

59

WITNESS list by defendants filed cs (BST) (Entered: 03/08/1999)

March 5, 1999

March 5, 1999

59

EXHIBIT list by defendants filed cs (BST) (Entered: 03/08/1999)

March 5, 1999

March 5, 1999

60

WITNESS list by plaintiffs Tami G Mumpower and Cheryl Rhena Grauel filed cs (BST) Modified on 03/09/1999 (Entered: 03/09/1999)

March 5, 1999

March 5, 1999

60

EXHIBIT list by plaintiffs Tami G Mumpower and Cheryl Rhena Grauel filed cs (BST) (Entered: 03/09/1999)

March 5, 1999

March 5, 1999

60

DAMAGE list of plaintiffs Tami G Mumpower and Cheryl Rhena Grauel filed cs (BST) (Entered: 03/09/1999)

March 5, 1999

March 5, 1999

61

SUBMISSION of discovery by plaintiff Tami G Mumpower, plaintiff Cheryl Rhena Grauel in opposition to dft's motion for sumjgm filed cs (BST) (Entered: 03/15/1999)

March 12, 1999

March 12, 1999

Notice of plaintiff of filing of attorney time records in response to order # [10-1] w/sealed envelope of time records attached filed cs (Former Employee) (Entered: 03/17/1999)

March 15, 1999

March 15, 1999

62

ORDER Pretrial Conf set for 10:00 4/21/99 ; Jury trial set for 9:00 5/3/99 filed ( by Judge Inge P. Johnson ) cm (BST) (Entered: 03/16/1999)

March 16, 1999

March 16, 1999

63

ORDER setting motion for summary judgment [57-1] ; on motion docket at 9:30 4/14/99 filed ( by Judge Inge P. Johnson ) cm (BST) (Entered: 03/19/1999)

March 19, 1999

March 19, 1999

64

OBJECTIONS by defendant to plaintiff's exhibit list [60-1] filed cs (BST) (Entered: 03/22/1999)

March 19, 1999

March 19, 1999

66

ORDER in accordance with memorandum opinion granting in part and denying in part motion for summary judgment [57-1] dismissing party Cheryl Rhena Grauel as set out in this order; genuine issues of material fact remain on pla Mumpower's claim for excessive force filed ( by Judge Inge P. Johnson ) cm (ASL) (Entered: 04/14/1999)

April 14, 1999

April 14, 1999

67

ORDER on pre-trial hearing; jury trial set 9:00 5/3/99 ; PTC held 10:00 4/21/99 and other guidelines as set out in this order filed ( by Judge Inge P. Johnson ) cm (ASL) (Entered: 04/22/1999)

April 22, 1999

April 22, 1999

68

MOTION by plaintiff Tami G Mumpower, plaintiff Cheryl Rhena Grauel to alter or amend judgment filed cs (ASL) (Entered: 04/23/1999)

April 23, 1999

April 23, 1999

69

68 - ORDER denying motion to alter or amend judgment [68-1] ( by Judge Inge P. Johnson ) entered cm (BST) (Entered: 04/26/1999)

April 23, 1999

April 23, 1999

70

WITNESS (addendum of final rule 26-A-3) list by plaintiff Tami G Mumpower filed cs (ASL) (Entered: 04/30/1999)

April 29, 1999

April 29, 1999

72

STIPULATION of dismissal by the parties filed w/prej, costs taxed as paid (ASL) (Entered: 06/16/1999)

June 15, 1999

June 15, 1999

73

ORDER granting stipulation [72-1] dismissing case w/prej, costs taxed as paid filed ( by Judge Inge P. Johnson ) cm (ASL) (Entered: 06/16/1999)

June 16, 1999

June 16, 1999

65

MEMORANDUM opinion filed ( by Judge Inge P. Johnson ) cm (ASL)

April 14, 1999

April 14, 1999

RECAP

Case Details

State / Territory: Alabama

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

Key Dates

Filing Date: May 4, 1998

Closing Date: 1999

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Two women arrested on alcohol-related charges alleged that strip-searched conducted by the Shelby County Sheriff's Department were unconstitutional. One also filed charges arising from a complaint of excessive force.

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Shelby County (Shelby), County

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Outcome

Prevailing Party: Mixed

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Voluntary Dismissal

Issues

General:

Personal injury

Strip search policy

Affected Gender:

Female

Type of Facility:

Government-run