Case: Rhodes v. Seay

1:91-cv-02908 | U.S. District Court for the Northern District of Georgia

Filed Date: Nov. 25, 1991

Closed Date: 2007

Clearinghouse coding complete

Case Summary

On November 25, 1991, an inmate detained at Cherokee County Jail filed a civil rights suit under 42 U.S.C. § 1983 on behalf of jail inmates in the U.S. District Court for the Northern District of Georgia, challenging conditions of confinement at the Jail. Plaintiff sought declaratory and injunctive relief, and immediately moved for class certification.The District Court (Judge Orinda D. Evans) denied without prejudice the motion to certify class action by order dated May 7, 2002. Shortly ther…

On November 25, 1991, an inmate detained at Cherokee County Jail filed a civil rights suit under 42 U.S.C. § 1983 on behalf of jail inmates in the U.S. District Court for the Northern District of Georgia, challenging conditions of confinement at the Jail. Plaintiff sought declaratory and injunctive relief, and immediately moved for class certification.

The District Court (Judge Orinda D. Evans) denied without prejudice the motion to certify class action by order dated May 7, 2002. Shortly thereafter, the parties engaged in settlement negotiations and participated in settlement conferences with the Court. Eventually a deal was struck and the Court formally entered a Consent Order on December 7, 1992. The Order specified agreed reforms on virtually all aspects of confinement, including: population caps; separate female quarters, staffing, restraints, food service, visitation, phone privileges, access to reading materials, recreation, mail, access to attorneys, medical and dental care, disciplinary procedures and improvements to the physical plant. The Court administratively closed the case, but retained jurisdiction to monitor compliance with the Order.

In October 2002, the County constructed a new jail. The old jail was still used, but for the sole purpose of providing sleeping quarters for inmate workers.

Five years later, the County moved to terminate the Consent Order under the Prison Litigation Reform Act, 18 U.S.C. § 3626(b)(1)(B). In support of its motion, the County asserted that it had rectified all areas addressed in the Consent Order and that the construction of the new jail made the Order moot. The Court directed plaintiffs to respond to the motion by specifying any ongoing constitutional violations which existed at the Jail. Plaintiffs responded that the motion was untimely and requested an evidentiary hearing, without citing any ongoing violations. On July 2, 2007, the Court terminated the Consent Order and dismissed the case.

Summary Authors

Dan Dalton (10/4/2007)

People


Judge(s)

Evans, Orinda Dale (Georgia)

Attorney for Plaintiff

Goldberg, Ralph S. (Georgia)

Mabry, M. Linda (Georgia)

Attorney for Defendant

Hirsch, Michelle J. (Georgia)

Mahler, Robert Mark (Georgia)

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Documents in the Clearinghouse

Document

1:91-cv-02908

Docket (PACER)

July 19, 2007

July 19, 2007

Docket
11

1:91-cv-02908

Consent Order

Dec. 7, 1992

Dec. 7, 1992

Order/Opinion

Cherokee Sheriff's Office Adult Detention Center - Institutional Operations

No Court

Sept. 5, 2006

Sept. 5, 2006

Statute/Ordinance/Regulation

1:91-cv-02908

Memorandum of Law in Support of Motion to Terminate Consent Order

Feb. 22, 2007

Feb. 22, 2007

Pleading / Motion / Brief
17

1:91-cv-02908

Motion to Terminate Consent Order

Feb. 22, 2007

Feb. 22, 2007

Pleading / Motion / Brief
18

1:91-cv-02908

Response (to Motion to Terminate)

March 6, 2007

March 6, 2007

Pleading / Motion / Brief
30

1:91-cv-02908

Order

July 2, 2007

July 2, 2007

Order/Opinion

Cherokee Sheriff's Office - Consent Order Terminated

No Court

Sept. 25, 2007

Sept. 25, 2007

Press Release

Docket

Last updated March 18, 2024, 3:01 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed. Summons issued. Consent form to proceed before U.S. magistrate and pretrial instructions given to attorney. FILING FEE $ 120.00 RECEIPT # 168532. (jps) (Entered: 11/29/1991)

Nov. 25, 1991

Nov. 25, 1991

2

MOTION by plaintiffs to certify class action with brief support. (jps) Modified on 11/29/1991 (Entered: 11/29/1991)

Nov. 25, 1991

Nov. 25, 1991

SUBMITTED on motion to certify class action by plaintiff [2-1] to Judge Orinda D. Evans . (dt) (Entered: 12/17/1991)

Dec. 17, 1991

Dec. 17, 1991

3

Stipulation approved by dep. clerk extending time to answer complaint [1-1] thru 1/9/92. cc (dt) (Entered: 12/31/1991)

Dec. 30, 1991

Dec. 30, 1991

4

ANSWER to complaint [1-1] by John Seay, Cherokee County . (dt) (Entered: 01/09/1992)

Jan. 8, 1992

Jan. 8, 1992

5

ORDER DENYING w/out prejudice the motion to certify class action by plaintiff [2-1] by Judge Orinda D. Evans. cc (dt) (Entered: 05/08/1992)

May 7, 1992

May 7, 1992

6

Joint MOTION by parties to extend time for disc. thru 8/28/92 with proposed order. to ODE (dt) (Entered: 05/18/1992)

May 15, 1992

May 15, 1992

7

ORDER by ct dep. by direction of the court GRANTING joint motion to extend time for disc. thru 8/28/92 [6-1] Discovery ends 8/28/92. cc (dt) (Entered: 05/21/1992)

May 20, 1992

May 20, 1992

8

MOTION by plaintiffs for reconsideration of order [5-1] with brief in support. (dt) Modified on 06/11/1992 (Entered: 06/11/1992)

June 9, 1992

June 9, 1992

SUBMITTED on motion for reconsideration of order [5-1] by John Rhodes [8-1] to Judge Orinda D. Evans . (dt) (Entered: 06/30/1992)

June 30, 1992

June 30, 1992

HEARING HELD before Judge Orinda D. Evans re: Settlement agreement. S. Seay to consider agreement for 1 week and advise court as to status by 10/2/92 . (dt) (Entered: 09/29/1992)

Sept. 25, 1992

Sept. 25, 1992

9

Response by defendant John Seay to settlement agreement discussed at hearing 9/25/92. (dt) (Entered: 10/07/1992)

Oct. 2, 1992

Oct. 2, 1992

Conference on settlement agreement. Parties directed to update the settlement agreement and the conference will be cont. to 11/6/92 at 4:30 P.M. by Judge Evans. (dt) (Entered: 11/04/1992)

Oct. 28, 1992

Oct. 28, 1992

10

LETTER by defendant John Seay to judge. (dt) (Entered: 11/04/1992)

Oct. 29, 1992

Oct. 29, 1992

Steno notes of proceedings held 9/25/92 before Judge Orinda D. Evans , by Court Reporter Patti Allen. (dt) (Entered: 11/09/1992)

Nov. 9, 1992

Nov. 9, 1992

Settlement conference continues. (dt) (Entered: 11/13/1992)

Nov. 9, 1992

Nov. 9, 1992

11

CONSENT ORDER approved by Judge Orinda D. Evans that dfts shall comply with the requirements contained in this order in regards to housing of prisoner. See same for info. Winthin 10 days parties shall attempt to agree on costs and atty fees. If agreement not reached, pltfs directed to submit evidence by affidavit on issue of atty fees and costs w/in 10 days. Dfts shall have 10 days to respond. Clerk directed to resubmit action in 20 days. cc (dt) (Entered: 12/09/1992)

Dec. 7, 1992

Dec. 7, 1992

12

ORDER dismissing as moot the motion for reconsideration of order [5-1] [8-1] by John Rhodes as action has been settled by Judge Orinda D. Evans. cc (dt) (Entered: 12/17/1992)

Dec. 15, 1992

Dec. 15, 1992

SUBMITTED on consent order [11-1] to Judge Orinda D. Evans . (dt) (Entered: 01/11/1993)

Jan. 11, 1993

Jan. 11, 1993

Steno notes of proceedings held 10/28/92 before Judge Orinda D. Evans , by Court Reporter P. Allen. (dt) (Entered: 01/19/1993)

Jan. 19, 1993

Jan. 19, 1993

13

ORDER that clerk administratively and statistically terminate the action as it appears all issued have been resolved as no further evidence as to atty fees or costs has been filed as instructed in 12/7/92 order by Judge Orinda D. Evans. cc (dt) (Entered: 01/21/1993)

Jan. 19, 1993

Jan. 19, 1993

Steno notes of proceedings held 11/19/92 before Judge Orinda D. Evans, by Court Reporter PATTI ALLEN. (bj) (Entered: 06/16/1993)

June 16, 1993

June 16, 1993

14

NOTICE of Appearance by Michelle J. Hirsch on behalf of John Seay, Cherokee County (Hirsch, Michelle) (Entered: 02/22/2007)

Feb. 22, 2007

Feb. 22, 2007

15

NOTICE of Appearance by Dana Kristin Maine on behalf of John Seay, Cherokee County (Maine, Dana) (Entered: 02/22/2007)

Feb. 22, 2007

Feb. 22, 2007

16

MOTION to Substitute Party Roger Garrison in his official capacity for John Seay in his official capacity with Brief In Support by John Seay, Cherokee County. (Attachments: # 1 Text of Proposed Order)(Hirsch, Michelle) (Entered: 02/22/2007)

Feb. 22, 2007

Feb. 22, 2007

17

MOTION for Relief To Terminate Consent Order with Brief In Support by John Seay, Cherokee County. (Attachments: # 1 Brief # 2 Affidavit of Sheriff Roger Garrison# 3 Exhibit A to Affidavit of Sheriff Roger Garrison# 4 Exhibit B to Affidavit of Sheriff Roger Garrison# 5 Exhibit C to Affidavit of Sheriff Roger Garrison)(Hirsch, Michelle) (Entered: 02/22/2007)

Feb. 22, 2007

Feb. 22, 2007

18

RESPONSE in Opposition re 17 MOTION for Relief To Terminate Consent Order filed by Wesley Mclain, John Rhodes, Keith Richard Sills, Veronica Summerfield, Frank Summerfield, Diane Carter, Chris James Turner, Luci Turner, Ricky L. Johnson, Eddie Asano. (Goldberg, Ralph) (Entered: 03/06/2007)

March 6, 2007

March 6, 2007

19

NOTICE of Hearing on Motion re: 17 MOTION for Relief To Terminate Consent Order Motion Hearing set for 3/26/2007 04:00 PM in Courtroom 1908 before Judge Orinda D. Evans. (vh) (Entered: 03/13/2007)

March 13, 2007

March 13, 2007

20

CERTIFICATE OF SERVICE for Plaintiffs' Request for Prodcuction of Documents and Inspection of the Cherokee County Jail Facilities by Wesley Mclain, John Rhodes, Keith Richard Sills, Veronica Summerfield, Frank Summerfield, Diane Carter, Chris James Turner, Luci Turner, Ricky L. Johnson, Eddie Asano.(Goldberg, Ralph) (Entered: 03/19/2007)

March 19, 2007

March 19, 2007

21

REPLY BRIEF re 17 MOTION for Relief To Terminate Consent Order filed by John Seay, Cherokee County. (Hirsch, Michelle) (Entered: 03/23/2007)

March 23, 2007

March 23, 2007

22

MOTION to Withdraw Attorney M. Linda Mabry by Wesley Mclain, John Rhodes, Keith Richard Sills, Veronica Summerfield, Frank Summerfield, Diane Carter, Chris James Turner, Luci Turner, Ricky L. Johnson, Eddie Asano. (Goldberg, Ralph) Modified on 4/17/2007 to correct event type and docket text (fmm). (Entered: 04/16/2007)

April 16, 2007

April 16, 2007

23

ORDER granting 22 Motion to Withdraw as Attorney. Attorney M. Linda Mabry terminated. Signed by Judge Orinda D. Evans on 4/17/07. (fmm) (Entered: 04/19/2007)

April 18, 2007

April 18, 2007

Submission of 17 MOTION for Relief To Terminate Consent Order , 16 MOTION to Substitute Party Roger Garrison in his official capacity for John Seay in his official capacity, submitted to District Judge Orinda D. Evans. (fmm) (Entered: 04/19/2007)

April 19, 2007

April 19, 2007

24

ORDER granting 16 Motion to Substitute Party. Roger Garrison substituted for John Seay; deferring ruling on 17 Motion to Terminate Consent Order. The [11] Consent Order is stayed pending a final order ruling on the motion to terminate. Plaintiffs are directed to file w/in 10 days a brief as outlined in the order; defendants are directed to file a response to the brief 10 days thereafter. Signed by Judge Orinda D. Evans on 5/3/07. (fmm) (Entered: 05/07/2007)

May 3, 2007

May 3, 2007

25

MOTION for Extension of Time to File a Response to Court's Order re: 24 Order on Motion to Substitute Party, Order on Motion for Relief from Order/Judgment,, by Wesley Mclain, John Rhodes, Keith Richard Sills, Veronica Summerfield, Frank Summerfield, Diane Carter, Chris James Turner, Luci Turner, Ricky L. Johnson, Eddie Asano. (Attachments: # 1 Text of Proposed Order)(Goldberg, Ralph) (Entered: 05/24/2007)

May 24, 2007

May 24, 2007

26

ORDER GRANTING 25 Motion for Extension of Time to File a Response to Court's Order. Signed by Judge Orinda D. Evans on 5/24/07. (vh) (Entered: 05/25/2007)

May 25, 2007

May 25, 2007

27

RESPONSE re 24 Order on Motion to Substitute Party, Order on Motion for Relief from Order/Judgment,, filed by Wesley Mclain, John Rhodes, Keith Richard Sills, Veronica Summerfield, Frank Summerfield, Diane Carter, Chris James Turner, Luci Turner, Ricky L. Johnson, Eddie Asano. (Attachments: # 1 Exhibit)(Goldberg, Ralph) (Entered: 05/31/2007)

May 31, 2007

May 31, 2007

28

RESPONSE re 24 Order on Motion to Substitute Party, Order on Motion for Relief from Order/Judgment,, filed by Cherokee County, Roger Garrison. (Attachments: # 1 Exhibit A)(Hirsch, Michelle) (Entered: 06/18/2007)

June 18, 2007

June 18, 2007

Submission of 24 Order, submitted to District Judge Orinda D. Evans. (fmm) (Entered: 06/18/2007)

June 18, 2007

June 18, 2007

29

RESPONSE re 28 Response (Non-Motion) - REPLY filed by Wesley Mclain, John Rhodes, Keith Richard Sills, Veronica Summerfield, Frank Summerfield, Diane Carter, Chris James Turner, Luci Turner, Ricky L. Johnson, Eddie Asano. (Goldberg, Ralph) (Entered: 06/27/2007)

June 27, 2007

June 27, 2007

30

ORDER granting 17 Motion to Terminate Consent Order. Signed by Judge Orinda D. Evans on 7/2/07. (fmm) (Entered: 07/02/2007)

July 2, 2007

July 2, 2007

31

Request for Leave of Absence for the following date(s): 8/13/07-8/17/07,

July 19, 2007

July 19, 2007

Case Details

State / Territory: Georgia

Case Type(s):

Jail Conditions

Key Dates

Filing Date: Nov. 25, 1991

Closing Date: 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Inmates at the Cherokee County Jail, incarcerated after 1991

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Cherokee County Sheriff's Office (Cherokee), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1992 - 2007

Issues

General:

Access to lawyers or judicial system

Bathing and hygiene

Classification / placement

Disciplinary procedures

Food service / nutrition / hydration

Mail

Phone

Recreation / Exercise

Religious programs / policies

Restraints : chemical

Restraints : physical

Sanitation / living conditions

Staff (number, training, qualifications, wages)

Totality of conditions

Jails, Prisons, Detention Centers, and Other Institutions:

Administrative segregation

Law library access

Visiting

Crowding / caseload

Affected Sex or Gender:

Female

Male

Medical/Mental Health:

Dental care

Medical care, general

Medication, administration of

Type of Facility:

Government-run