Case: Bobby M. v. Chiles (Graham & Martinez)

4:83-cv-07003 | U.S. District Court for the Northern District of Florida

Filed Date: Jan. 2, 1983

Closed Date: 2000

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Case Summary

On January 2, 1983, juveniles filed a class action lawsuit in U.S. District Court Northern District of Florida pursuant to 42 U.S.C. § 1983 and the Rehabilitation Act of 1973 (29 U.S.C. §794), challenging their conditions of confinement at the juvenile facilities in the State of Florida. Those facilities included the McPherson Training School in Ocala, the Arthur G. Dozier School for Boys in Marianna and the Florida School for Boys at Okeechobee, subsequently renamed the Eckerd Youth Developmen…

Plaintiffs were represented by attorneys for the ACLU National Prison Project, the Youth Law Center and the Southern Legal Counsel. Plaintiffs sought declaratory and injunctive relief.

Following several years of litigation and improvements to the Florida juvenile justice system, the parties entered into a Consent Decree to resolve all claims. The Consent Decree, which was approved by the District Court (Judge Maurice M. Paul) on July 7, 1987, set forth agreed reforms to be implemented in the following areas: assessment, evaluation and placement of juveniles; education; attorney client access; and prohibition of isolation. The Decree also incorporated previous orders that had been entered by the District Court, as follows:

1. provision of access to counsel (order on stipulated motion in 1987);

2. prohibition against hogtying and shackling to fixed objects, and regulating the use of mechanical restraints (orders dated February 1, 1983 and July 14, 1983);

3. closure of McPherson Training School (order dated August 6, 1985);

4. removal of females from training schools (order dated August 6, 1985);

5. removal of all children 13 years of age and under from training schools (order dated August 6, 1985); and

6. removal of all status offenders from training schools (order dated August 6, 1985).

Following entry of the Decree, the case was then administratively closed. Monitoring of the implementation process continued for years.

On October 29, 1995, the District Court (Judge Maurice M. Paul) terminated the Consent Decree as to the Dozier Training School. The Decree remained in effect as to the Eckerd Youth Development Center. Bobby M. v. Chiles, 907 F.Supp. 368 (N.D.Fla. 1995). On November 6, 1996, portions of the consent decree relating to ECKERD Youth Development Center were also terminated.

Thereafter, the parties litigated the issue of liability for post-judgment attorney fees and related expenses. On April 1, 1999, the District Court entered judgment in favor of plaintiffs for attorneys' fees in the amount of $182,912.19, plus costs in the amount of $10,724.90. Defendants appealed. While the case was on appeal, the parties settled the issue of fees and costs.

On May 10, 2000, the District Court (Judge Maurice M. Paul) granted defendants' motion to dismiss the remaining claims and the case was closed. We have no further information on the case.

	Document
4:83-cv-07003	Docket [PACER] M. v. Chiles	Sept. 27, 2000	Sept. 27, 2000 Docket
4:83-cv-07003	Complaint (Class Action)	Jan. 5, 1983	Jan. 5, 1983 Complaint
4:83-cv-07003	Amended Complaint Bobby M. v Graham	July 22, 1983	July 22, 1983 Complaint
4:83-cv-07003	Order	Aug. 6, 1985	Aug. 6, 1985 Order/Opinion
4:83-cv-07003	Stipulation and Order Bobby M. v. Graham	Aug. 28, 1985	Aug. 28, 1985 Order/Opinion
4:83-cv-07003	Second Amended Complaint	June 2, 1986	June 2, 1986 Complaint
4:83-cv-07003	Motion to Add Named Plaintiffs and Amend Complaint (Class Action)	June 2, 1986	June 2, 1986 Pleading / Motion / Brief
4:83-cv-07003	Memorandum in Support of Plaintiffs' Motion to Add Named Plaintiffs and Amend Complaint Bobby v. Graham	June 2, 1986	June 2, 1986 Pleading / Motion / Brief
4:83-cv-07003	Consent Decree (Class Action)	May 8, 1987	May 8, 1987 Order/Opinion
4:83-cv-07003	Information About Proposed Federal Court Orders That Affect the legal Rights of Students at the Training Schools (Class Action)	May 8, 1987	May 8, 1987 Notice Letter

ECF Number	Description	Date	Link Date / Link
	Case closed. Upon review of case with Judge Paul it was determined that the case should be closed for statistical purposes as of the entry of the consent decree on 7/2/87 (doc. 273 on manual docket). Subsequent activity is then considered post judgment. (tdg,Pensacola) (Entered: 08/11/1995)	July 2, 1987	July 2, 1987
440	Minute entry: Oral Argument . [ Court Reporter: Judy Ellan] (former employee) (Entered: 01/06/1994)	Jan. 5, 1993	Jan. 5, 1993
	document 1-431 on hard copy of docket sheet (former employee) (Entered: 12/29/1993)	Dec. 27, 1993	Dec. 27, 1993
433	NOTICE of prior responsibilities on January 5, 1994 by Paul DeMuro (former employee) (Entered: 12/29/1993)	Dec. 27, 1993	Dec. 27, 1993
	File Returned to Court. (former employee) (Entered: 12/29/1993)	Dec. 29, 1993	Dec. 29, 1993
434	RESPONSE by defendant LAWTON CHILES, defendant BETTY CASTOR, defendant WILLIAM SCHOSSLER, defendant WESLEY BRAZELL, defendant JAMES TOWEY, defendant ROY MCKAY re: motion to vacate portions of 1987 decree and subsequent orders . Response referred . (former employee) (Entered: 01/04/1994)	Jan. 4, 1994	Jan. 4, 1994
435	AFFIDAVIT of Lou Merritt (former employee) (Entered: 01/04/1994)	Jan. 4, 1994	Jan. 4, 1994
438	ORDER granting [432-1] appear/appearance notice ( signed by Judge Maurice M. Paul ) (Copies mailed as noted on document: ) (former employee) (Entered: 01/06/1994)	Jan. 4, 1994	Jan. 4, 1994
436	CORRECTED RESPONSE TO PLAINITFFS' REPLY TO MOTION TO VACATE THE CONSENT DECREE by defendant LAWTON CHILES, defendant BETTY CASTOR, defendant WILLIAM SCHOSSLER, defendant WESLEY BRAZELL, defendant JAMES TOWEY, defendant ROY MCKAY re: . Response referred to Judge Maurice M. Paul . (former employee) (Entered: 01/05/1994)	Jan. 5, 1994	Jan. 5, 1994
437	MOTION TO FILE A RESPONSE TO PLAINTIFF'S REPLY TO MOTION TO VACATE THE CONSENT DECREE by defendant LAWTON CHILES, defendant BETTY CASTOR, defendant WILLIAM SCHOSSLER, defendant WESLEY BRAZELL, defendant JAMES TOWEY, defendant ROY MCKAY . (former employee) (Entered: 01/05/1994)	Jan. 5, 1994	Jan. 5, 1994
439	ORDER oral hearing held on January 5, 1994. Parties are to resolve as many of their differences as possible by January 20 attorney conference scheduled for 1:00 pm. ( signed by Judge Maurice M. Paul ) (Copies mailed as noted on document: ) (former employee) (Entered: 01/06/1994)	Jan. 5, 1994	Jan. 5, 1994
441	MOTION by defendant LAWTON CHILES, defendant BETTY CASTOR, defendant WILLIAM SCHOSSLER, defendant WESLEY BRAZELL, defendant JAMES TOWEY, defendant ROY MCKAY to withdraw response to monitor's quarterly report . (former employee) (Entered: 01/06/1994)	Jan. 5, 1994	Jan. 5, 1994
442	NOTICE of LOCAL RULE 6(B), CERTIFICATION ON DEFTS MOTION TO FILE A RESPONSE TO PLAINTIFFS REPLY TO MOTION TO VACATE THE CONSENT DECREE OF JULY 1987 AND THE STIPULATED SETTLEMENT ON MONITORS NON- COMPLIANCE FINDING RELATED TO CONTINUM OF CARE AND SERVICES AND APPROVING CONTINUUM PLAN AND EXIT CRITERIA OF APRIL 1992. by defendant ROY MCKAY, defendant WESLEY BRAZELL, defendant WILLIAM SCHOSSLER, defendant BETTY CASTOR, defendant JAMES TOWEY, defendant LAWTON CHILES (former employee) (Entered: 01/11/1994)	Jan. 10, 1994	Jan. 10, 1994
443	AFFIDAVIT of Richard L. Rachin (former employee) (Entered: 01/19/1994)	Jan. 18, 1994	Jan. 18, 1994
444	TRANSCRIPT filed RE: January 5, 1994 hearing (former employee) (Entered: 01/19/1994)	Jan. 19, 1994	Jan. 19, 1994
445	LETTER TO JUDGE PAUL IS CONSIDERED AS NOTICE of MONITORING REPORT (former employee) (Entered: 01/21/1994)	Jan. 19, 1994	Jan. 19, 1994
446	NOTICE TO CHANGE ADDRESS of Kimberly Tucker (former employee) (Entered: 01/27/1994)	Jan. 25, 1994	Jan. 25, 1994
447	NOTICE TO CHANGE ADDRESS Jason Vail (former employee) (Entered: 01/27/1994)	Jan. 25, 1994	Jan. 25, 1994
	File Returned to Court. (former employee) (Entered: 01/28/1994)	Jan. 28, 1994	Jan. 28, 1994
448	NOTICE of SUPPLEMENTAL AUTHORITY by defendant ROY MCKAY, defendant WESLEY BRAZELL, defendant WILLIAM SCHOSSLER, defendant BETTY CASTOR, defendant JAMES TOWEY, defendant LAWTON CHILES (former employee) (Entered: 02/07/1994)	Feb. 3, 1994	Feb. 3, 1994
449	letter from Michael D. Cohen to Judge Paul (former employee) (Entered: 02/09/1994)	Feb. 7, 1994	Feb. 7, 1994
450	ORDER -1987 consent decree and the 1992 stipulated settlement will be enforced only to the extent necessary to rectify constitutional problems existing at the training schools, status conference set for March 4, 1994 at 10:00 am. ( signed by Judge Maurice M. Paul ) (Copies mailed as noted on document: ) (former employee) (Entered: 02/10/1994)	Feb. 10, 1994	Feb. 10, 1994
450	ORDER, set Status Conference for 10:00 3/4/94 ( signed by Judge Maurice M. Paul ) (Copies mailed as noted on document: ) (former employee) (Entered: 02/10/1994)	Feb. 10, 1994	Feb. 10, 1994
451	RESPONSE by defendant ROY MCKAY, defendant WESLEY BRAZELL, defendant WILLIAM SCHOSSLER, defendant BETTY CASTOR, defendant JAMES TOWEY, defendant LAWTON CHILES re: [450-1] order set Status Conference for 10:00 3/4/94 . Response referred to Judge Maurice M. Paul . (als,Tallahassee) (Entered: 03/01/1994)	Feb. 28, 1994	Feb. 28, 1994
452	RESPONSE by plaintiff DAVID MACK, plaintiff SALVADORE S, plaintiff SUSAN S, plaintiff CHARLES W, plaintiff BOBBY M re: [450- 1] order set Status Conference for 10:00 3/4/94 . (former employee) (Entered: 03/02/1994)	March 2, 1994	March 2, 1994
453	Minute entry: Status Conference - 2 weeks to submit formulation, either agreed or separate, on exit from Decree. Court to schedule evidentiary hearing IF necessary. . [ Court Reporter: Christine Bordenave] (als,Tallahassee) (Entered: 03/04/1994)	March 4, 1994	March 4, 1994
454	ORDER.....Status conference held on 3/4/94. Parties to confer w/each other to develop plan to dissolve consent decree...such plant shall be submitted to Court no later than 3/18/94... ( signed by Judge Maurice M. Paul ) (Copies mailed as noted on document: ) (als,Tallahassee) (Entered: 03/07/1994)	March 4, 1994	March 4, 1994
	Deadline updated; to Return File to Court by 3/21/94 to MMP per order dtd. 3/4/94 (als,Tallahassee) (Entered: 03/07/1994)	March 7, 1994	March 7, 1994
455	NOTICE of change of addres of Southern Legal Counsel, counsel for plantiffs. Ref Andrea (als,Tallahassee) (Entered: 03/18/1994)	March 15, 1994	March 15, 1994
456	MOTION by defendant ROY MCKAY, defendant WESLEY BRAZELL, defendant WILLIAM SCHOSSLER, defendant BETTY CASTOR, defendant JAMES TOWEY, defendant LAWTON CHILES, plaintiff DAVID MACK, plaintiff SALVADORE S, plaintiff SUSAN S, plaintiff CHARLES W, plaintiff BOBBY M to Extend Time - for filing joint closure plant - until 6/1/94 . (als,Tallahassee) (Entered: 03/21/1994)	March 17, 1994	March 17, 1994
457	RESPONSE by defendant ROY MCKAY, defendant WESLEY BRAZELL, defendant WILLIAM SCHOSSLER, defendant BETTY CASTOR, defendant JAMES TOWEY, defendant LAWTON CHILES re: [454-1] order . Response referred to Judge Maurice M. Paul . (als,Tallahassee) (Entered: 03/22/1994)	March 18, 1994	March 18, 1994
458	RESPONSE by plaintiff DAVID MACK, plaintiff SALVADORE S, plaintiff SUSAN S, plaintiff CHARLES W, plaintiff BOBBY M re: Deft's case closure plan . Response referred to Judge Maurice M. Paul . (former employee) (Entered: 03/24/1994)	March 22, 1994	March 22, 1994
459	ORDER granting [456-1] motion to Extend Time - time is extended until June 1, 1994. ( signed by Judge Maurice M. Paul ) (Copies mailed as noted on document: ) (former employee) (Entered: 03/28/1994)	March 25, 1994	March 25, 1994
460	letter from Joseph Freeman's office to terminate him as attorney in this case (former employee) (Entered: 03/28/1994)	March 28, 1994	March 28, 1994
461	letter from Lou Merritt (mbs,Tallahassee) (Entered: 04/12/1994)	April 7, 1994	April 7, 1994
462	NOTICE of filing trainign school waiver by defendant ROY MCKAY, defendant WESLEY BRAZELL, defendant WILLIAM SCHOSSLER, defendant BETTY CASTOR, defendant JAMES TOWEY, defendant LAWTON CHILES (former employee) (Entered: 04/22/1994)	April 20, 1994	April 20, 1994
	Status Conference re-set at 11:30 6/29/94 (Copies mailed as indicated on document.) previously set for 6/24/94 in G'ville. (als,Tallahassee) (Entered: 04/26/1994)	April 22, 1994	April 22, 1994
463	NOTICE of Hearing:, re setting Status Conference for 11:30 6/29/94 (Copies mailed as noted on document: ) (als,Tallahassee) (Entered: 04/26/1994)	April 22, 1994	April 22, 1994
465	QUARTERLY STATUS REPORT.....for period 11/1/93 through 1/31/94 (als,Tallahassee) (Entered: 05/17/1994)	May 12, 1994	May 12, 1994
466	NOTICE of CASE CLOSURE PLAN by defendant ROY MCKAY, defendant WESLEY BRAZELL, defendant WILLIAM SCHOSSLER, defendant BETTY CASTOR, defendant JAMES TOWEY, defendant LAWTON CHILES (former employee) (Entered: 05/26/1994)	May 26, 1994	May 26, 1994

Case: Bobby M. v. Chiles (Graham & Martinez)

4:83-cv-07003 | U.S. District Court for the Northern District of Florida

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