University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Rhodes v. Seay JC-GA-0032
Docket / Court 1:91-cv-02908-ODE ( N.D. Ga. )
State/Territory Georgia
Case Type(s) Jail Conditions
Case Summary
On November 25, 1991, an inmate detained at Cherokee County Jail filed a civil rights suit under 42 U.S.C. § 1983 on behalf of jail inmates in the U.S. District Court for the Northern District of Georgia, challenging conditions of confinement at the Jail. Plaintiff sought declaratory and ... read more >
On November 25, 1991, an inmate detained at Cherokee County Jail filed a civil rights suit under 42 U.S.C. § 1983 on behalf of jail inmates in the U.S. District Court for the Northern District of Georgia, challenging conditions of confinement at the Jail. Plaintiff sought declaratory and injunctive relief, and immediately moved for class certification.

The District Court (Judge Orinda D. Evans) denied without prejudice the motion to certify class action by order dated May 7, 2002. Shortly thereafter, the parties engaged in settlement negotiations and participated in settlement conferences with the Court. Eventually a deal was struck and the Court formally entered a Consent Order on December 7, 1992. The Order specified agreed reforms on virtually all aspects of confinement, including: population caps; separate female quarters, staffing, restraints, food service, visitation, phone privileges, access to reading materials, recreation, mail, access to attorneys, medical and dental care, disciplinary procedures and improvements to the physical plant. The Court administratively closed the case, but retained jurisdiction to monitor compliance with the Order.

In October 2002, the County constructed a new jail. The old jail was still used, but for the sole purpose of providing sleeping quarters for inmate workers.

Five years later, the County moved to terminate the Consent Order under the Prison Litigation Reform Act, 18 U.S.C. § 3626(b)(1)(B). In support of its motion, the County asserted that it had rectified all areas addressed in the Consent Order and that the construction of the new jail made the Order moot. The Court directed plaintiffs to respond to the motion by specifying any ongoing constitutional violations which existed at the Jail. Plaintiffs responded that the motion was untimely and requested an evidentiary hearing, without citing any ongoing violations. On July 2, 2007, the Court terminated the Consent Order and dismissed the case.

Dan Dalton - 10/04/2007


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Issues and Causes of Action
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Issues
Affected Gender
Female
Male
Crowding
Crowding / caseload
General
Access to lawyers or judicial system
Administrative segregation
Bathing and hygiene
Classification / placement
Disciplinary procedures
Food service / nutrition / hydration
Law library access
Mail
Phone
Recreation / Exercise
Religious programs / policies
Restraints : chemical
Restraints : physical
Sanitation / living conditions
Staff (number, training, qualifications, wages)
Totality of conditions
Visiting
Medical/Mental Health
Dental care
Medical care, general
Medication, administration of
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Defendant(s) Cherokee County Sheriff's Office
Plaintiff Description Inmates at the Cherokee County Jail, incarcerated after 1991
Class action status sought Yes
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Unknown
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 1992 - 2007
Case Closing Year 2007
Case Ongoing No
Docket(s)
1:91-cv-02908-ODE (N.D. Ga.)
JC-GA-0032-9000.pdf | Detail
Date: 07/19/2007
Source: PACER [Public Access to Court Electronic Records]
General Documents
Consent Order (N.D. Ga.)
JC-GA-0032-0001.pdf | Detail
Date: 12/07/1992
Cherokee Sheriff's Office Adult Detention Center - Institutional Operations
JC-GA-0032-0004.pdf | Detail
Date: 09/05/2006
Motion to Terminate Consent Order
JC-GA-0032-0002.pdf | Detail
Date: 02/22/2007
Memorandum of Law in Support of Motion to Terminate Consent Order
JC-GA-0032-0003.pdf | Detail
Date: 02/22/2007
Response (to Motion to Terminate)
JC-GA-0032-0005.pdf | Detail
Date: 03/05/2007
Order (N.D. Ga.)
JC-GA-0032-0007.pdf | Detail
Date: 07/02/2007
Cherokee Sheriff's Office - Consent Order Terminated
JC-GA-0032-0006.pdf | Detail
Date: 09/25/2007
Judges Evans, Orinda Dale (N.D. Ga.)
JC-GA-0032-0001 | JC-GA-0032-0007 | JC-GA-0032-9000
Plaintiff's Lawyers Goldberg, Ralph S. (Georgia)
JC-GA-0032-0001 | JC-GA-0032-0002 | JC-GA-0032-0003 | JC-GA-0032-0005 | JC-GA-0032-9000
Mabry, M. Linda (Georgia)
JC-GA-0032-0001 | JC-GA-0032-0002 | JC-GA-0032-0003 | JC-GA-0032-0005 | JC-GA-0032-9000
Defendant's Lawyers Hirsch, Michelle J. (Georgia)
JC-GA-0032-0002 | JC-GA-0032-0003 | JC-GA-0032-0005 | JC-GA-0032-9000
Mahler, Robert Mark (Georgia)
JC-GA-0032-0001 | JC-GA-0032-9000
Maine, Dana Kristin (Georgia)
JC-GA-0032-0002 | JC-GA-0032-0003 | JC-GA-0032-9000

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