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Case Name Epps v. Levine PC-MD-0009
Docket / Court 73-525 ( D. Md. )
State/Territory Maryland
Case Type(s) Prison Conditions
Case Summary
In 1973, pre-trial detainees filed a complaint in federal district court for the District of Maryland against officials of the Maryland Division of Correction, three state trial court judges, and the wardens of the Baltimore City and County jails. Under Section 1983, plaintiffs challenged ... read more >
In 1973, pre-trial detainees filed a complaint in federal district court for the District of Maryland against officials of the Maryland Division of Correction, three state trial court judges, and the wardens of the Baltimore City and County jails. Under Section 1983, plaintiffs challenged defendants' procedures for transferring pretrial detainees from city and county jail to the custody of the Division of Correction. At some point, the Prisoner Assistance Project of the Legal Aid Bureau agreed to represent plaintiffs.

In 1978, plaintiffs moved for summary judgment seeking declaratory and injunctive relief. The District Court (Judge James R. Miller, Jr.) denied plaintiffs' motion for summary judgment. Epps v. Levine, 457 F. Supp. 561 (D. Md. 1978). In 1979, plaintiffs moved for summary judgment challenging the conditions of confinement under section 1983. Judge Miller denied plaintiffs' motion, holding that the plaintiffs failed to show that the conditions imposed were for a punitive purpose or clearly in excess of the legitimate governmental interest of maintaining security and order. Epps v. Levine, 480 F. Supp. 50 (D. Md. 1979). Finally, in February 1980, Judge Miller entered a consent decree establishing procedures for the purpose of assuring ""that pre-trial detainees are detained with the least restrictions necessary to accomplish the State's interest in insuring that they appear at trial and in maintaining security and order within its institution."" Epps v. Levine, 484 F. Supp. 474 (D. Md. 1980).

There was no PACER docket available for this case.

Eoghan Keenan - 05/25/2005


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Issues and Causes of Action
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Issues
Crowding
Crowding / caseload
General
Access to lawyers or judicial system
Administrative segregation
Education
Food service / nutrition / hydration
Law library access
Library (non-law) access
Protective custody
Recreation / Exercise
Sanitation / living conditions
Visiting
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. ยง 1983
Defendant(s) Maryland Penitentiary
Plaintiff Description Detainees who were being held in the Maryland Penitentiary while awaiting trial in Maryland courts seeking to restrain the state from imposing certain conditions of confinement upon them
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Mixed
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 1980 - n/a
Case Closing Year n/a
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
Memorandum 07/11/1978 (457 F.Supp. 561) (D. Md.)
PC-MD-0009-0002.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Memorandum and Order 09/11/1979 (480 F.Supp. 50) (D. Md.)
PC-MD-0009-0001.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Consent Decree 02/06/1980 (484 F.Supp. 474) (D. Md.)
PC-MD-0009-0003.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges Miller, James Rogers Jr. (D. Md.)
PC-MD-0009-0001 | PC-MD-0009-0002 | PC-MD-0009-0003
Monitors/Masters None on record
Plaintiff's Lawyers Coshnear, Lawrence B. (Maryland)
PC-MD-0009-0003
Elcano, Mary S. (Maryland)
PC-MD-0009-0001
Fishman, Richard G. (Maryland)
PC-MD-0009-0001
North, Richard L. (Maryland)
PC-MD-0009-0001 | PC-MD-0009-0002 | PC-MD-0009-0003
Defendant's Lawyers Caplis, Stephen B. (Maryland)
PC-MD-0009-0003
Frankel, Henry J. (Maryland)
PC-MD-0009-0001 | PC-MD-0009-0002
Grossman, Glenn M. (Maryland)
PC-MD-0009-0001
Holzer, J. Carroll (Maryland)
PC-MD-0009-0001
Hughes, William (Maryland)
PC-MD-0009-0001
Kane, Thomas R. (Maryland)
PC-MD-0009-0001
Klair, James G. (Maryland)
PC-MD-0009-0001
Russell, George L. Jr. (Maryland)
PC-MD-0009-0001
Stafford, John P. Jr. (Maryland)
PC-MD-0009-0001
Other Lawyers None on record

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