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Case Name Rentfrow v. Carter PC-GA-0005
Docket / Court 12277 ( N.D. Ga. )
State/Territory Georgia
Case Type(s) Prison Conditions
Case Summary
Plaintiffs, five white and five black prisoners at the Georgia State Prison in Reidsville, filed a pro se law suit under 42 U.S.C. §1983 in the U.S. District Court for the Northern District of Georgia to enjoin the application of a desegregation order in Wilson v. Kelley, 294 F.Supp 1005 (N.D. Ga. ... read more >
Plaintiffs, five white and five black prisoners at the Georgia State Prison in Reidsville, filed a pro se law suit under 42 U.S.C. §1983 in the U.S. District Court for the Northern District of Georgia to enjoin the application of a desegregation order in Wilson v. Kelley, 294 F.Supp 1005 (N.D. Ga. 1968) (PC-GA-004). That order compelled the mandatory desegregation of all penal institutions within the state by January 1, 1969. Plaintiffs here sought to have a "strictly voluntary and freedom of choice" plan to be substituted for the mandatory desegregation requirement. In bringing this section 1983 suit, they alleged violations of the Due Process and Equal Protection Clauses of the Fourteenth Amendment. Specifically, they alleged that the desegregation of an unwilling population might result in the deprivation of their physical well-being, liberty, and possibly their lives, without due process.

By the time this suit was filed, desegregation efforts had already begun. Specifically, the plaintiffs alleged that on November 14, 1968, approximately thirty black prisoners were moved from a segregated unit to a formerly all white unit. The plaintiffs speculated that this effort toward implementation, along with future efforts would result in violence due to the tensions of intermingling previous segregated races. Moreover, they asserted that anything beyond a freedom of choice plan would be met with violent resistance.

The court denied the prisoners' petition. Rentfrow v. Carter, 296 F.Supp 301 (N.D. Ga. 1968) (Judge Albert John Henderson). In its denial, the court emphasized that the Wilson order precluded any judicial interference, such as by the substitution of a freedom of choice plan. Moreover, the court noted that the plaintiffs failed to show that the current efforts had resulted in any sort of violence, and in fact, expressly recognized in their petition the ability of the staff to maintain order and control in the segregated units. Finally, the court suggested that if tensions did rise, the appropriate recourse would be disciplinary actions against the offenders rather than a return to segregation.

The docket for this case is not available on PACER, and therefore our information ends with the December 5, 1968 court opinion.

Sherrie Waldrup - 03/06/2006


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Issues and Causes of Action
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Issues
Discrimination-basis
Race discrimination
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Defendant(s) Georgia
Georgia
Plaintiff Description Five white and five black prisoners of Georgia penal institution alleging segregation in Georgia penal institutions
Indexed Lawyer Organizations None on record
Class action status sought Unknown
Class action status granted Unknown
Prevailing Party Defendant
Public Int. Lawyer No
Nature of Relief None
Source of Relief None
Form of Settlement None on record
Order Duration not on record
Case Closing Year 1968
Case Ongoing No
Additional Resources
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Case Studies Civil Rights Injunctions Over Time: A Case Study of Jail and Prison Court Orders
N.Y.U. Law Review
By: Margo Schlanger (Washington University)
Citation: 81 N.Y.U. L. Rev. 550 (2006)
[ Detail ] [ PDF ] [ External Link ]

  Judicial Policy Making and the Modern State: How the Courts Reformed America's Prisons
By: Malcolm M. Feeley & Edward Rubin (UC Berkeley Boalt Hall School of Law & Vanderbilt School of Law Faculty)
Citation: (1998)
[ Detail ]

Docket(s)
No docket sheet currently in the collection
General Documents
Order 12/05/1968 (296 F.Supp. 301) (N.D. Ga.)
PC-GA-0005-0001 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges Henderson, Thelton Eugene (N.D. Cal.)
PC-GA-0005-0001
Monitors/Masters None on record
Plaintiff's Lawyers None on record
Defendant's Lawyers None on record
Other Lawyers None on record

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