University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Bibb v. Montgomery County Jail JC-AL-0003
Docket / Court 76-380-N ( M.D. Ala. )
State/Territory Alabama
Case Type(s) Jail Conditions
Case Summary
In 1976 (according to the docket number), inmates of the Montgomery County Jail in Alabama filed a series of lawsuits under 42 U.S.C. § 1983 in the United States District Court for the Middle District of Alabama against state and county officials for constitutional violations in conditions at ... read more >
In 1976 (according to the docket number), inmates of the Montgomery County Jail in Alabama filed a series of lawsuits under 42 U.S.C. § 1983 in the United States District Court for the Middle District of Alabama against state and county officials for constitutional violations in conditions at the jail, including overcrowding. The suits were consolidated and the parties entered into a consent decree that mostly vindicated the plaintiffs' claims. The district court (Judge Robert E. Varner) found for plaintiffs and awarded them attorneys' fees that were taxed against state defendants alone because the court deemed the state's failure to provide adequate facilities the primary cause of the conditions complained of. (No decision is available). The defendants appealed.

The United States Court of Appeals for the Fifth Circuit (per curiam) reversed and remanded, finding that the inmates' complaints in the consent decree and pre-trial order referred to numerous violations independent of overcrowding, for which the state could not be held solely responsible. Bibb v. Montgomery County Jail, 622 F.2d 116 (5th. Cir. 1980). In February 1992, the district court (Judge Varner) ordered the case dismissed upon consideration of a Joint Motion to Dismiss, which noted that the overcrowding at the Montgomery County detention facility had decreased considerably, solving the problem. The Justice Department closed its file on the case shortly thereafter.

No further information is provided.

Rebecca Bloch - 03/25/2006


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Issues and Causes of Action
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Issues
Crowding
Crowding / caseload
Plaintiff Type
Private Plaintiff
Causes of Action 42 U.S.C. § 1983
Defendant(s) Montgomery County Jail
Plaintiff Description Inmates incarcerated in the Montgomery County (Alabama) jail alleging unconstitutional conditions of confinement
Indexed Lawyer Organizations None on record
Class action status sought Unknown
Class action status granted Unknown
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration not on record
Case Closing Year 1992
Case Ongoing No
Additional Resources
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Case Studies After Decision: Implementation of Judicial Decrees in Correctional Settings
Written: Oct. 01, 1977
By: M. Kay Harris & Dudley P. Spiller (Temple University)
Citation: (1977)
[ Detail ] [ PDF ]

Docket(s)
No docket sheet currently in the collection
General Documents
Opinion 07/21/1980 (622 F.2d 116)
JC-AL-0003-0006.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Joint Motion to Dismiss 02/19/1991
JC-AL-0003-0001.pdf | Detail
Order 02/21/1992 (M.D. Ala.)
JC-AL-0003-0003.pdf | Detail
Memorandum: Bibb v. Montgomery Co. Jail 02/25/1992
JC-AL-0003-0005.pdf | Detail
Judges Godbold, John Cooper (Fifth Circuit, Eleventh Circuit)
JC-AL-0003-0006
Johnson, Samuel D. Jr. (Fifth Circuit)
JC-AL-0003-0006
Tjoflat, Gerald Bard (Fifth Circuit, M.D. Fla., Eleventh Circuit)
JC-AL-0003-0006
Varner, Robert Edward (M.D. Ala.)
JC-AL-0003-0003
Monitors/Masters None on record
Plaintiff's Lawyers Shinbaum, Richard D. (Alabama)
JC-AL-0003-0001
Vines, Kenneth E. (Alabama)
JC-AL-0003-0005
Defendant's Lawyers Barnes, William Scears Jr. (Alabama)
JC-AL-0003-0006
Dempsey, Harry Young III (Alabama)
JC-AL-0003-0006
Gallion, Thomas T. III (Alabama)
JC-AL-0003-0001
Grant, James W. Jr. (Alabama)
JC-AL-0003-0006
Upchurch, James T. III (Alabama)
JC-AL-0003-0006
Other Lawyers None on record

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