Case: Stinson v. Fulton County

1:94-cv-00240 | U.S. District Court for the Northern District of Georgia

Filed Date: Jan. 28, 1994

Closed Date: 2005

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Case Summary

On January 28, 1994, a man incarcerated at the Fulton County Jail filed a class action lawsuit under 42 U.S.C. §1983 against the Fulton County public defender program, in the U.S. District Court for the Northern District of Georgia. The plaintiff, represented by court-appointed counsel and attorneys from the Southern Center for Human Rights, sought declaratory and injunctive relief from violations of his rights as secured by the Sixth Amendment, the Equal Protection Clause, the Due Process Clause, and the Georgia Constitution. Specifically, Plaintiff alleged that Fulton County knowingly under-funded its indigent defense program, and that it denied indigent defendants access to counsel during critical parts of trial.

On June 30, 1994, the defendants submitted a motion to dismiss the case. On September 15, 1994, the District Court (Judge Julie E. Carnes on behalf of Judge G. E. Tidwell) granted the motion as to the plaintiff's state law claim, but denied the motion as to the federal constitutional claims. On November 29, 1994, the plaintiffs submitted a motion to certify the case as a class action. The parties engaged in several months of discovery on this issue. On December 21, 1995, the Court (Judge Tidwell) signed a consent order that allowed the plaintiffs to conduct interviews at Fulton County Jail as part of the class certification process.

On June 13, 1996, the District Court (Judge Tidwell) certified a class composed of "[a]ll persons charged with non-homicide felony offenses within Fulton County who are not released on bond but who, instead, are incarcerated at the Fulton County Jail, and who, during the period up to, but not including, indictment or arraignment, are denied access to counsel." On June 28, 1996, the defendants petitioned the Court for reconsideration of its order certifying a class, and asked that the Court certify the question to the Eleventh Circuit Court of Appeals. Judge Tidwell denied these motions on August 26, 1996.

Both parties filed motions for summary judgment on February 3, 1997. The District Court (Judge Tidwell) denied both motions on July 24, 1997. On August 15, 1997, the defendants submitted a motion for a protective order to prevent plaintiffs' counsel from interviewing class members in private; on September 4, 1997, Judge Tidwell denied this motion

The parties soon entered into a series of mediation conferences with Magistrate Judge John R. Strother Jr.

On May 21, 1999, the District Court (Judge Tidwell) signed a Consent Order of settlement, and administratively terminated the case. In the Consent Order, the defendants acknowledged the need to hire more attorneys and promised to make good-faith efforts to ensure that indigent, non-homicide felony offenders would be afforded speedy consultations by trained legal staff. The Order also established average annual caseloads for the public defender program. The Order included a three-year period of semi-annual reports to ensure that the agreement was being properly implemented.

All six reports were filed, and it appears that the case sat otherwise inactive in the intervening years.

On June 17, 2005, the plaintiffs submitted a motion to amend several paragraphs of the 1999 Consent Order to conform to the Georgia Indigent Defense Act of 2003, and standards promulgated by the Public Defender Standard Council, which afforded more comprehensive and specific rights to indigent defendants than the language of the 1999 Order. Fulton County responded that it had no objection to the motion, and the District Court (Judge Tidwell) granted the motion on July 27, 2005.

The docket indicates no further activity in this case.

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Summary Authors

Nick Niles (7/10/2007)

People

Judge(s)

Attorney for Plaintiff

Bensing, Robert F. (Georgia)

Bright, Stephen B. (Georgia)

Curia , Lisa Ann (Georgia)

Attorney for Defendant

Allen, Elizabeth F. (Georgia)

Brantley, Overtis Hicks (Georgia)

Judge(s)

Feldman, Joel Martin (Georgia)

Strother, John R. Jr. (Georgia)

Tidwell, George Ernest (Georgia)

Attorney for Plaintiff

Bensing, Robert F. (Georgia)

Bright, Stephen B. (Georgia)

Curia , Lisa Ann (Georgia)

Maloy, W. Bruce (Georgia)

Toone, Robert E. Jr. (Georgia)

Attorney for Defendant

Allen, Elizabeth F. (Georgia)

Brantley, Overtis Hicks (Georgia)

Dancy, Rolesia Butler (Georgia)

Ernstes, Viviane H. (Georgia)

Hartwig, Susan M. (Georgia)

Hicks, Charles George (Georgia)

Rosenberg, Steven E. (Georgia)

Rothman, Stephen (Georgia)

Starkey, Rory K. (Georgia)

Turner, William Randall (Georgia)

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Documents in the Clearinghouse

	Document
1:94-cv-00240	Docket [PACER] Stinson v. Defender of Indigent, et al	Aug. 30, 2005	Aug. 30, 2005 Docket
1:94-cv-00075	Amended Complaint - Class Action Stinson v. Fulton County Board of Commissioners	May 1, 1994	May 1, 1994 Complaint
102 1:94-cv-00240	Consent Order Sam Stinson, et al v. Fulton County Board of Commissioners et al	May 21, 1999	May 21, 1999 Settlement Agreement
121-1 1:94-cv-00240	Motion to Amend Consent Order Sam Stinson et al v. Fulton County Board of Commissioners et al	June 17, 2005	June 17, 2005 Pleading / Motion / Brief
123 1:94-cv-00240	Defendants' Response to Plaintiff's Motion to Amend Consent Order Sam Stinson et al v. Fulton County Board of Commissioners et al	July 25, 2005	July 25, 2005 Pleading / Motion / Brief
121-4 1:94-cv-00240	Order [Re: Motion to Amend Consent Order] Sam Stinson et al v. Fulton County Board of Commissioners et al	July 27, 2005	July 27, 2005 Order/Opinion
124 1:94-cv-00240	Order [Re: Motion to Amend Consent Order] Sam Stinson et al v. Fulton County Board of Commissioners et al	July 27, 2005	July 27, 2005 Order/Opinion

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Resources

Title	Description		External URL Date / External URL
Indigent Defense Reform: The Role of Systemic Litigation in Operationalizing the Gideon Right to Counsel Vidhya K. Reddy	This paper traces the evolution of litigative efforts to structurally reform state and local indigent defense systems, focusing on the potential of modern class action lawsuits to overcome political …	May 7, 2007	May 7, 2007 None
Securing Reasonable Caseloads: Ethics and Law in Public Defense Norman Lefstein	Chapter 1: The Failure to Implement the Right to Counsel Due to Excessive Caseloads A. The Constitutional Right to Counsel: Brief Overview B. Excessive Workloads: A Pervasive National P…	Jan. 1, 2011	Jan. 1, 2011 http://www.americanbar.org/...
Justice Denied: America's Continuing Neglect of Our Constitutional Right to Counsel. National Right to Counsel Committee	[Edited, from the website:] [Notwithstanding the nominal right of indigent defendants to publicly provided counsel,] Today, in criminal and juvenile proceedings in state courts, somet…	April 14, 2009	April 14, 2009 http://www.constitutionproject.org/...

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Docket

Last updated March 6, 2024, 3 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT, with request to proceed in forma pauperis with ORDER by Magistrate Judge Joel M. Feldman GRANTING request. Original file forwarded to staff law clerk. cc. (fmr emp) (Entered: 01/31/1994)	Jan. 28, 1994	Jan. 28, 1994
2	MOTION by plaintiff Sam Stinson to amend in forma pauperis complaint [1-1] (fmr emp) (Entered: 02/23/1994)	Feb. 22, 1994	Feb. 22, 1994
	Add attorney for plaintiff Sam Stinson , W. Bruce Maloy as counsel. (fmr emp) (Entered: 03/31/1994)	March 28, 1994	March 28, 1994
4	MOTION by plaintiff Sam Stinson for appointment of counsel (fmr emp) (Entered: 03/30/1994)	March 29, 1994	March 29, 1994
	SUBMITTED on motion to amend in forma pauperis complaint [1-1] by Sam Stinson [2-1], motion for appointment of counsel by Sam Stinson [4-1] to Judge G. E. Tidwell . (fmr emp) (Entered: 04/08/1994)	April 8, 1994	April 8, 1994
5	MOTION by pla to extend time to effectuate service of process (fmr emp) (Entered: 04/26/1994)	April 25, 1994	April 25, 1994
6	ORDER GRANTING motion to extend time thru 5/25/94 to effectuate service of process by Sam Stinson [5-1] by Judge G. E. Tidwell. cc. (fmr emp) (Entered: 04/26/1994)	April 25, 1994	April 25, 1994
7	ANSWERS TO MANDATORY INTERROGATORIES by Sam Stinson (fmr emp) (Entered: 06/01/1994)	May 25, 1994	May 25, 1994
8	AMENDED COMPLAINT [1-1] by Sam Stinson adding Mitch Skandalakis as deft; jury demand (fmr emp) (Entered: 06/01/1994)	May 25, 1994	May 25, 1994
	Summons issued and USM285 prepared for service upon deft Fulton County, Mitch Skandalakis . Forwarded to USM with service copy of complaint & amended complaint, consent form to proceed before magistrate, and pretrial instructions, & pla's answers to mandatory interrogs. (fmr emp) (Entered: 06/03/1994)	June 3, 1994	June 3, 1994
9	Return of service executed 6/10/94 as to Fulton County, Mitch Skandalakis on original complaint (fmr emp) (Entered: 06/14/1994)	June 13, 1994	June 13, 1994
10	MOTION by defts Fulton County, Mitch Skandalakis to dismiss with brief in support. (fmr emp) (Entered: 07/01/1994)	June 30, 1994	June 30, 1994
11	ORDER GRANTING motion to amend in forma pauperis complaint [1-1] by Sam Stinson [2-1], denying as moot the motion for appointment of counsel [4-1] by Sam Stinson by Judge G. E. Tidwell. cc. (fmr emp) (Entered: 07/05/1994)	July 1, 1994	July 1, 1994
12	MOTION by pla to extend time to respond to motion to dismiss by Mitch Skandalakis, Fulton County [10-1] (fmr emp) (Entered: 07/18/1994)	July 14, 1994	July 14, 1994
13	ORDER GRANTING motion to extend time thru 7/28/94 to respond to motion to dismiss by Mitch Skandalakis, Fulton County [10-1] by Stinson [12-1] by Judge G. E. Tidwell. cc. (fmr emp) (Entered: 07/18/1994)	July 14, 1994	July 14, 1994
14	Response by pla. to motion to dismiss by defts. [10-1] (fmr emp) (Entered: 07/29/1994)	July 28, 1994	July 28, 1994
15	REPLY by defts. to pla's response to its motion to dismiss [10-1]. (fmr emp) (Entered: 08/16/1994)	Aug. 15, 1994	Aug. 15, 1994
16	ORDER GRANTING IN PART AND DENYING IN PART motion to dismiss by Mitch Skandalakis, Fulton County [10-1]: granted as to pla's state law claims under OCGA 17-7-24 and OCGA 17-12-31 & denied as to pla's 6th amendment claim, equal protection claim and class action claims by Judge Julie E. Carnes for GET. cc. (fmr emp) (Entered: 09/16/1994)	Sept. 15, 1994	Sept. 15, 1994
17	SECOND MOTION by defts Fulton County, Mitch Skandalakis to dismiss with brief in support. (fmr emp) (Entered: 10/03/1994)	Sept. 30, 1994	Sept. 30, 1994
18	ANSWER to complaint [8-1] by defts Fulton County, Mitch Skandalakis . (fmr emp) (Entered: 10/03/1994)	Sept. 30, 1994	Sept. 30, 1994
19	MOTION by defts Fulton County, Mitch Skandalakis for reconsideration of order [16-1] denying defts' motion to dismiss with brief in support. (fmr emp) (Entered: 10/03/1994)	Sept. 30, 1994	Sept. 30, 1994
20	Response by pla. to second motion to dismiss by defts. [17-1], motion for reconsideration of order [16-1] denying defts' motion to dismiss by defts. [19-1] (fmr emp) (Entered: 10/24/1994)	Oct. 20, 1994	Oct. 20, 1994
	SUBMITTED on second motion to dismiss by defts. [17-1], motion for reconsideration of order [16-1] denying defts' motion to dismiss by defts. defts. [19-1] to Judge G. E. Tidwell . (fmr emp) (Entered: 10/24/1994)	Oct. 24, 1994	Oct. 24, 1994
21	Petition for leave of absence of Stephen Rothman (to GET w/proposed order) (fmr emp) (Entered: 11/07/1994)	Nov. 4, 1994	Nov. 4, 1994
22	REPLY by Fulton County, Mitch Skandalakis to pla's response to second motion to dismiss by Mitch Skandalakis, Fulton County [17-1] . (fmr emp) (Entered: 11/08/1994)	Nov. 7, 1994	Nov. 7, 1994
23	MOTION by defts. Fulton County, Mitch Skandalakis for oral argument on defts' 2nd motion to dismiss (fmr emp) (Entered: 11/08/1994)	Nov. 7, 1994	Nov. 7, 1994
24	ORDER GRANTING leave of absence of Stephen Rothman [21-1] for 12/5/94 thru 1/9/95 by Judge G. E. Tidwell. cc. (fmr emp) (Entered: 11/14/1994)	Nov. 8, 1994	Nov. 8, 1994
25	Preliminary Statement and Scheduling Order. (to judge) (fmr emp) (Entered: 11/25/1994)	Nov. 23, 1994	Nov. 23, 1994
26	ORDER DENYING motion for reconsideration of order [16-1] denying defts' motion to dismiss by Mitch Skandalakis, Fulton County [19-1], DENYING motion to dismiss by Mitch Skandalakis, Fulton County [17-1]; directing pla. to add Fulton County as a deft within 10 days of receipt of this order by Judge G. E. Tidwell. cc. (fmr emp) (Entered: 11/30/1994)	Nov. 29, 1994	Nov. 29, 1994
27	MOTION by pla. to certify class action with brief in support. (fmr emp) (Entered: 11/30/1994)	Nov. 29, 1994	Nov. 29, 1994
	ORDER endorsed, APPROVING preliminary statement [25-1] by Judge G. E. Tidwell. cc. (fmr emp) (Entered: 12/05/1994)	Dec. 5, 1994	Dec. 5, 1994
	Returned mail on order of 11/29/94 to pla w/notation "Cannot identify without state ID number" (ID # was on mail & verified) (fmr emp) (Entered: 12/13/1994)	Dec. 8, 1994	Dec. 8, 1994
28	SECOND AMENDED COMPLAINT & Notice of filing [1-1] by Sam Stinson adding Fulton County as deft.; jury demand (fmr emp) (Entered: 12/12/1994)	Dec. 9, 1994	Dec. 9, 1994
29	REQUEST FOR WAIVER of Service as to Fulton County mailed 12/9/94 Waiver of Service due by 1/8/95 for Fulton County (fmr emp) (Entered: 12/12/1994)	Dec. 9, 1994	Dec. 9, 1994
	Returned mail on preliminary statement of 11/23/94 to pla w/notation "unable to deliver please return to sender". (fmr emp) (Entered: 12/13/1994)	Dec. 12, 1994	Dec. 12, 1994
30	Brief by defts. Fulton County, Mitch Skandalakis in opposition to motion to certify class action by pla. [27-1] (fmr emp) (Entered: 12/16/1994)	Dec. 16, 1994	Dec. 16, 1994
	SUBMITTED on motion to certify class action by pla. [27-1] to Judge G. E. Tidwell . (fmr emp) (Entered: 12/16/1994)	Dec. 16, 1994	Dec. 16, 1994
31	WAIVER OF SERVICE Returned Executed as to Fulton County, Mitch Skandalakis, Fulton County Comm. mailed 12/9/94 Answer due by 2/7/95 for Fulton County, for Mitch Skandalakis, for Fulton County comm. (fmr emp) (Entered: 01/05/1995)	Jan. 3, 1995	Jan. 3, 1995
32	REPLY by Sam Stinson to to deft's response in opposition to its motion to certify class action [27-1] . (fmr emp) (Entered: 01/09/1995)	Jan. 6, 1995	Jan. 6, 1995
	VERBAL ORDER DEFERRING ruling on motion to certify class action by pla. [27-1] ., DEFERRING ruling on motion for oral argument on defts' 2nd motion to dismiss by Mitch Skandalakis, Fulton County [23-1] . extending time for 45 days for discovery by Judge G. E. Tidwell . (counsel notified by Ct. Dep) until further order of the Court. (fmr emp) (Entered: 01/20/1995)	Jan. 19, 1995	Jan. 19, 1995
33	MOTION by defts. (filed as unopposed-by defts ONLY) to extend time to respond to pla's 1st interrogs & requests to produce with proposed order) (fmr emp) (Entered: 01/25/1995)	Jan. 23, 1995	Jan. 23, 1995
34	ORDER GRANTING motion to extend time thru 2/10/95 to respond to pla's 1st interrogs & requests to produce by Mitch Skandalakis, Fulton County [33-1] by Judge G. E. Tidwell. cc. (fmr emp) (Entered: 01/27/1995)	Jan. 25, 1995	Jan. 25, 1995
35	ANSWER to amended complaint [28-1] by Fulton County . (dt) (Entered: 02/16/1995)	Feb. 14, 1995	Feb. 14, 1995
36	ANSWERS TO MANDATORY INTERROGATORIES by dfts. (scg) (Entered: 03/10/1995)	March 9, 1995	March 9, 1995
37	Joint MOTION to extend time for discovery (fmr emp) (Entered: 03/15/1995)	March 13, 1995	March 13, 1995
39	Second Joint MOTION to extend time for discovery (fmr emp) (Entered: 05/31/1995)	May 30, 1995	May 30, 1995
40	ORDER GRANTING joint motion to extend time for discovery [39-1]; Discovery ends 9/5/95 by Judge G. E. Tidwell. cc. (fmr emp) (Entered: 05/31/1995)	May 30, 1995	May 30, 1995
	Add attorney for pla, Lisa Ann Curia as counsel. (fmr emp) (Entered: 05/31/1995)	May 31, 1995	May 31, 1995
41	MOTION by dfts to take deposition pla confined in prison with proposed order. (fmr emp) (Entered: 08/14/1995)	Aug. 9, 1995	Aug. 9, 1995
42	ANSWERS TO MANDATORY INTERROGATORIES by pla. (fmr emp) (Entered: 08/21/1995)	Aug. 18, 1995	Aug. 18, 1995
43	Notice of filing of verification of its answer to pla's complaint by dfts Fulton County, Mitch Skandalakis . (fmr emp) (Entered: 08/22/1995)	Aug. 22, 1995	Aug. 22, 1995
44	Request for leave of absence of Stephen Rothman for 10/16/95-11/6/95 (to GET) (fmr emp) (Entered: 08/25/1995)	Aug. 24, 1995	Aug. 24, 1995
45	ORDER GRANTING leave of absence of Stephen Rothman [44-1] for 10/16/95-11/6/95 by Judge G. E. Tidwell. cc. (fmr emp) (Entered: 08/28/1995)	Aug. 28, 1995	Aug. 28, 1995
	SUBMITTED on motion to take deposition pla confined in prison by Mitch Skandalakis, Fulton County [41-1] to G. E. Tidwell . (fmr emp) (Entered: 08/30/1995)	Aug. 30, 1995	Aug. 30, 1995
46	Joint MOTION for third extension of time for discovery (to GET) (fmr emp) (Entered: 09/05/1995)	Sept. 1, 1995	Sept. 1, 1995
	VERBAL ORDER (by minute sheet) denying as moot the motion to take deposition pla confined in prison [41-1] by dfts by Judge G. E. Tidwell . (fmr emp) (Entered: 09/05/1995)	Sept. 1, 1995	Sept. 1, 1995
47	ORDER GRANTING joint motion for third extension of time for discovery [46-1]; Discovery ends 11/5/95; if court orders class certification, parties will be afforded an addl 60 days for discovery by Judge G. E. Tidwell. cc. (fmr emp) (Entered: 09/15/1995)	Sept. 14, 1995	Sept. 14, 1995
	Returned mail on 9/14/95 order to pla w/notation "Released Unable to deliver please return to sender". (fmr emp) (Entered: 09/26/1995)	Sept. 25, 1995	Sept. 25, 1995
48	MOTION by dft Fulton County for protective order with brief & affidavit in support. (fmr emp) (Entered: 10/13/1995)	Oct. 13, 1995	Oct. 13, 1995
	HEARING HELD on motion for protective order by Fulton County [48-1] counsel to file order setting forth specifics before Judge G. E. Tidwell. (cb) (Entered: 10/19/1995)	Oct. 13, 1995	Oct. 13, 1995
	SUBMITTED on motion for protective order by Fulton County [48-1] to Judge G. E. Tidwell . (fmr emp) (Entered: 11/06/1995)	Nov. 6, 1995	Nov. 6, 1995
	Steno notes of proceedings held 10/13/95 before Judge G. E. Tidwell , by Court Reporter Pat Tanner. (fmr emp) (Entered: 01/05/1996)	Jan. 5, 1996	Jan. 5, 1996
50	Notice of filing by pla of interview questionnaires of inmates at Fulton County Jail (SEALED) (fmr emp) (Entered: 01/26/1996)	Jan. 25, 1996	Jan. 25, 1996
	MOTION HEARING HELD before Judge G. E. Tidwell on motion to certify class action [27-1] by pla taken under ADVISEMENT; depositions filed . (fmr emp) (Entered: 05/01/1996)	April 30, 1996	April 30, 1996
	Deposition of Frank Eldridge, Sr, John Stanford, Vernon Pitts, Jr.(w/1 vol exhibits), John Chason & Larry Thomas taken for dft (fmr emp) (Entered: 05/01/1996)	April 30, 1996	April 30, 1996
	Steno notes of proceedings held 4/30/96 before Judge G. E. Tidwell , by Court Reporter Therese J. Vesel. (fmr emp) (Entered: 05/13/1996)	May 13, 1996	May 13, 1996
51	ORDER granting leave of absence for Stephen Rothman for 9/2/96-9/30/96 by Judge G. E. Tidwell. cc. (fmr emp) (Entered: 05/22/1996)	May 21, 1996	May 21, 1996
52	Motion for leave of absence of Sam Stinson for 9/2/96-9/30/96 (to GET) (fmr emp) (Entered: 05/22/1996)	May 21, 1996	May 21, 1996
53	ORDER GRANTING motion to certify class action by pla [27-1] & that class be certified as follows: "All persons charged with non-homicide felony offenses within Fulton County who are not released on bond but who, instead, are incarcerated at the Fulton County Jail, and who, during the period up to, but not including, indictment or arraignment, are denied access to counsel." by Judge G. E. Tidwell. cc. (fmr emp) (Entered: 06/14/1996)	June 13, 1996	June 13, 1996
	Returned mail on 6/13/96 order to pla w/notation "Unable to deliver please return to sender". (fmr emp) (Entered: 06/25/1996)	June 24, 1996	June 24, 1996
54	PETITION by dfts Fulton County, Mitch Skandalakis for reconsideration of order [53-1] , and to amend order [53-1] to certify appeal to 11th Circuit (fmr emp) (Entered: 07/02/1996)	June 28, 1996	June 28, 1996
55	UNOPPOSED MOTION by pla to extend time to 8/2/96 to respond to dfts' motion for reconsideration [54-1] . (GET) (ds) (Entered: 07/25/1996)	July 22, 1996	July 22, 1996
56	ORDER GRANTING motion to extend time to 8/2/96 for pla to respond to dfts' motion for reconsideration [54-1] by pla [55-1] by Judge G. E. Tidwell. cc (scg) (Entered: 07/29/1996)	July 26, 1996	July 26, 1996
	Returned mail on 7/26/96 order to pla w/notation "Unable to deliver please return to sender rel to GDC&C". Order was mailed to GDC&C. (fmr emp) (Entered: 08/05/1996)	Aug. 2, 1996	Aug. 2, 1996
57	Response by pla (filed as reply) to motion for reconsideration of order [53-1] by Mitch Skandalakis, County [54-1], motion to amend order [53-1] to certify appeal to 11th Circuit by Mitch Skandalakis, Fulton County [54-2] (fmr emp) (Entered: 08/14/1996)	Aug. 14, 1996	Aug. 14, 1996
58	ORDER DENYING motion for reconsideration of order [53-1] by Mitch Skandalakis, Fulton County [54-1], DENYING motion to amend order [53-1] to certify appeal to 11th Circuit by Mitch Skandalakis, Fulton County [54-2] by Judge G. E. Tidwell. cc. (fmr emp) (Entered: 08/27/1996)	Aug. 26, 1996	Aug. 26, 1996
	Returned mail on 8/26/96 order to pla w/notation "Unable to deliver please return to sender". (fmr emp) (Entered: 09/03/1996)	Sept. 3, 1996	Sept. 3, 1996
59	Joint MOTION by parties to extend time for discovery , and to extend time to file motions for sum.jgm. with brief in support & proposed order. (to GET) (fmr emp) (Entered: 09/04/1996)	Sept. 4, 1996	Sept. 4, 1996
60	ORDER GRANTING joint motion to extend time for discovery [59-1]; Discovery ends 10/21/96, GRANTING joint motion to extend time for 30 days after close of discovery to file motions for sum.jgm. [59-2] by Judge G. E. Tidwell. cc. (fmr emp) (Entered: 09/06/1996)	Sept. 6, 1996	Sept. 6, 1996
	Pla's cpy of order [60-1] returned: "Unable to Deliver". (pa) (Entered: 09/17/1996)	Sept. 16, 1996	Sept. 16, 1996
61	Attorney appearance for pla by Robert Frederick Bensing. (fmr emp) (Entered: 11/08/1996)	Nov. 5, 1996	Nov. 5, 1996
62	MOTION by pla to extend time for parties to file motions for sum.jgm. (fmr emp) (Entered: 11/12/1996)	Nov. 12, 1996	Nov. 12, 1996
	VERBAL ORDER GRANTING motion to extend time thru 2/1/97 for parties to file motions for sum.jgm. by pla [62-1] by Judge E. Tidwell. (counsel notified by Ct Dep) (fmr emp) (Entered: 11/13/1996)	Nov. 13, 1996	Nov. 13, 1996
	VERBAL ORDER (by minute sheet) by Judge G. E. Tidwell GRANTING [63-1] motion to file excess pages limitation in connection w/motion sum.jgm. (Parties notified by Ct. Dep) (fmr emp) (Entered: 02/07/1997)	Jan. 4, 1997	Jan. 4, 1997
63	MOTION (filed as consent request) by dfts Fulton County, Mitch Skandalakis to file excess pages limitation in connection w/motion sum.jgm. (fmr emp) (Entered: 02/03/1997)	Jan. 31, 1997	Jan. 31, 1997
64	MOTION by dfts Fulton County Board of Commissioners, Mitch Skandalakis for sum.jgm. with brief (one binder) in support. (fmr emp) (Entered: 02/04/1997)	Feb. 3, 1997	Feb. 3, 1997
65	Notice of filing by pla of copies of depositions. (fmr emp) (Entered: 02/04/1997)	Feb. 3, 1997	Feb. 3, 1997
	Deposition (copies) of D'ANDRE BERRY, JOHN CHASON, FRANK ELDRIDGE, SR., ERIC KOCHER, VERNON PITTS, JR., WILLIAM SMALLEY & LARRY THOMAS taken for pla (fmr emp) (Entered: 02/04/1997)	Feb. 3, 1997	Feb. 3, 1997
66	MOTION & Notice of motion by pla for sum.jgm. with brief in support. (fmr emp) (Entered: 02/04/1997)	Feb. 3, 1997	Feb. 3, 1997
	Notice of [66-1] motion for sum.jgm. by pla filed 2/3/97 mailed 2/4/97. (fmr emp) (Entered: 02/04/1997)	Feb. 4, 1997	Feb. 4, 1997
67	Joint MOTION to extend time for 30 days for parties to respond to [66-1] motion for sum.jgm., [64-1] motion for sum.jgm. (to GET- no proposed order) (fmr emp) (Entered: 02/11/1997)	Feb. 11, 1997	Feb. 11, 1997
68	ORDER by Judge G. E. Tidwell GRANTING [67-1] joint motion to extend time for additional 10 days thru 3/3/97 for parties to respond to [66-1] motion for sum.jgm., [64-1] motion for sum.jgm. (cc) (fmr emp) (Entered: 02/12/1997)	Feb. 12, 1997	Feb. 12, 1997
	VERBAL ORDER by Judge G. E. Tidwell GRANTING [63-1] motion to file excess pages limitation in connection w/motion sum.jgm. (parties notified by Ct. Dep.) (fmr emp) (Entered: 02/21/1997)	Feb. 13, 1997	Feb. 13, 1997
	SUBMITTED to Judge G. E. Tidwell on [63-1] motion to file excess pages limitation in connection w/motion sum.jgm. (fmr emp) (Entered: 02/20/1997)	Feb. 20, 1997	Feb. 20, 1997
69	Response by dfts in opposition to [66-1] motion for sum.jgm. (fmr emp) (Entered: 03/04/1997)	March 3, 1997	March 3, 1997
	Returned mail on 2/12/97 order to pla w/notation "unable to deliver please return to sender". (fmr emp) (Entered: 03/04/1997)	March 3, 1997	March 3, 1997
70	Brief w/Appendix by pla in opposition to [64-1] motion for sum.jgm. (fmr emp) (Entered: 03/04/1997)	March 3, 1997	March 3, 1997
	SUBMITTED to Judge G. E. Tidwell on [64-1] motion for sum.jgm., [66-1] motion for sum.jgm. (fmr emp) (Entered: 03/04/1997)	March 4, 1997	March 4, 1997
71	REPLY by pla to dfts' response in opposition to its [66-1] motion for sum.jgm. (fmr emp) (Entered: 03/07/1997)	March 6, 1997	March 6, 1997
72	Notice of filing by dfts of original depositions. (fmr emp) (Entered: 03/13/1997)	March 11, 1997	March 11, 1997

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Case Details

State / Territory: Georgia

Case Type(s):

Indigent Defense

Key Dates

Filing Date: Jan. 28, 1994

Closing Date: 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All persons charged with non-homicide felony offenses within Fulton County who are not released on bond but who, instead, are incarcerated at the Fulton County Jail, and who, during the period up to indictment are denied access to counsel

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Southern Center for Human Rights (SCHR)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Fulton County (Fulton), County

Case Details

Causes of Action: