Case: Parrish v. Alabama Department of Corrections

3:79-cv-00301 | U.S. District Court for the Northern District of Alabama

Filed Date: March 21, 1979

Closed Date: 1999

Clearinghouse coding complete

Case Summary

On March 21, 1979, inmates filed a lawsuit under 42 U.S.C. § 1983 in the U.S. District Court for the Northern District of Alabama, against jail officials of Lauderdale County, alleging unconstitutional conditions of confinement. On November 29, 1982, the court (Judge Junius Foy Guin Jr.) entered an injunction prohibiting the defendants from housing state prisoners in the Lauderdale County Jail for more than 30 days, in order to alleviate overcrowding and associated health problems at the jail. …

On March 21, 1979, inmates filed a lawsuit under 42 U.S.C. § 1983 in the U.S. District Court for the Northern District of Alabama, against jail officials of Lauderdale County, alleging unconstitutional conditions of confinement. On November 29, 1982, the court (Judge Junius Foy Guin Jr.) entered an injunction prohibiting the defendants from housing state prisoners in the Lauderdale County Jail for more than 30 days, in order to alleviate overcrowding and associated health problems at the jail. In 1991, the Governor of Alabama and corrections officials were held in contempt for violating the injunction, and in 1993, Lauderdale County constructed a new jail. On July 2, 1997, the Alabama Department of Corrections (DOC) moved to terminate the injunction under the Prison Litigation Reform Act (PLRA). The district court (Judge Guin) denied the motion and the DOC appealed. On September 28, 1998, the Eleventh Circuit Court of Appeals (Judge James Edmondson) found that the evidence was insufficient to prove that a current and ongoing violation of a federal right existed (there was no evidence that the new jail was overcrowded) and therefore remanded the case, ordering that the injunction be terminated. Parrish v. Alabama Department of Corrections, 156 F.3d 1128 (11th Cir. 1998). On November 3, 1998, the district court (Judge Guin) ordered that the injunction be terminated pursuant to the mandate of the Eleventh Circuit. The clerks office marked the case closed on January 21, 1999.

Summary Authors

Jaclyn Adams (3/17/2006)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/10900553/parties/parrish-v-lauderdale-co-comm/


Judge(s)

Edmondson, James Larry (Georgia)

Guin, Junius Foy Jr. (Alabama)

Attorney for Plaintiff
Attorney for Defendant

Butler, Albert Sims (Alabama)

Byrne, Alice Ann (Alabama)

Leonard, Ellen Ruth (Alabama)

show all people

Documents in the Clearinghouse

Document

3:79-cv-00301

Docket (PACER)

Parrish v. Lauderdale Co. Comm.

Jan. 21, 1999

Jan. 21, 1999

Docket

84-07521

Opinion

Parrish v. Lauderdale Co. Comm.

U. S. Court of Appeals for the Eleventh Circuit

March 6, 1985

March 6, 1985

Order/Opinion

97-06773

Reported Opinion

U. S. Court of Appeals for the Eleventh Circuit

Sept. 28, 1998

Sept. 28, 1998

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/10900553/parrish-v-lauderdale-co-comm/

Last updated Feb. 22, 2024, 3:16 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed (CTS) (Entered: 07/25/1997)

March 21, 1979

March 21, 1979

PACER

ORDER (Final) dtd 11/19/82 that dfts William B. Duncan, Chairman, Lauderdale County Comm; Larry Hayes, Selton Killen, J.R. Austin, James Hamilton, Lauderdale Co Commissioners; & Billy Townsend, Sheriff of Lauderdale Co, their agents, etc, & Joe S. Hopper, Commissioner of Corrections & his successors in office are permanently enjoined from failing to implement this order as set out re: ventilation, lighting, classification, visitation, fire safety, due process before punishment, group punishment, grievance system, distrubance plan, use of chemical agents, sanitation, personal hygiene items, mail, nutritionally adequate food, medical care, population, recreation, legal books, jail staff, reporting requirements, access to medical records, access to inmates, state inmates, & attys' fees & costs & that all pending motions & orders not incorporated herein are DISMISSED, (exhibits attached), filed (Guin), ENTERED 11-29-82 (copies to be mailed by courtroom deputy at later date per instructions of JFG) terminating case filed ( by Judge J F. Guin Jr ) (CTS) (Entered: 07/25/1997)

Nov. 29, 1982

Nov. 29, 1982

ORDER (Final) dtd 11/19/82 that dfts William B. Duncan, Chairman, Lauderdale County Comm; Larry Hayes, Selton Killen, J.R. Austin, James Hamilton, Lauderdale Co Commissioners; & Billy Townsend, Sheriff of Lauderdale Co, their agents, etc, & Joe S. Hopper, Commissioner of Corrections & his successors in office are permanently enjoined from failing to implement this order as set out re: ventilation, lighting, classification, visitation, fire safety, due process before punishment, group punishment, grievance system, distrubance plan, use of chemical agents, sanitation, personal hygiene items, mail, nutritionally adequate food, medical care, population, recreation, legal books, jail staff, reporting requirements, access to medical records, access to inmates, state inmates, & attys' fees & costs & that all pending motions & orders not incorporated herein are DISMISSED, (exhibits attached), filed (Guin), ENTERED 11-29-82 (copies to be mailed by courtroom deputy at later date per instructions of JFG) terminating case filed ( by Judge J F. Guin Jr ) (CTS)

Nov. 29, 1982

Nov. 29, 1982

PACER

MEMORANDUM opinion dtd 6/26/84 w/ appendix A & exhibit A attached filed ( by Judge J F. Guin Jr ); entered 6/28/84 cm (CTS) (Entered: 07/25/1997)

June 27, 1984

June 27, 1984

ORDER dtd 6/26/84 that an attys' fee of $20,472.15 is AWARDED trial counsel for plas & taxed against dfts & that included in this amt is $1,208.00 requested for Edward Still for his role in resolving the fee dispute & that the State of AL & the County dfts are directed to share equally in payment of the amt here awarded, filed (Hon. J. Foy Guin) (CTS) Modified on 07/25/1997 (Entered: 07/25/1997)

June 27, 1984

June 27, 1984

MEMORANDUM opinion dtd 6/26/84 w/ appendix A & exhibit A attached filed ( by Judge J F. Guin Jr ); entered 6/28/84 cm (CTS)

June 27, 1984

June 27, 1984

PACER

ORDER dtd 6/26/84 that an attys' fee of $20,472.15 is AWARDED trial counsel for plas & taxed against dfts & that included in this amt is $1,208.00 requested for Edward Still for his role in resolving the fee dispute & that the State of AL & the County dfts are directed to share equally in payment of the amt here awarded, filed (Hon. J. Foy Guin) (CTS) Modified on 07/25/1997

June 27, 1984

June 27, 1984

PACER

MOTION by movants Attorney Gen of AL & Commissioner AL Dept Correct for order to terminate Consent Decree pursuant to the Prision Litigation Reform Act filed cs (CTS) (Entered: 07/30/1997)

July 2, 1997

July 2, 1997

MOTION by movants Attorney Gen of AL & Commissioner AL Dept Correct for order to terminate Consent Decree pursuant to the Prision Litigation Reform Act filed cs (CTS)

July 2, 1997

July 2, 1997

PACER

ORDER re motion to terminate Consent Decree ; In-court hearing set for 10:00 am on 8/6/97 in CrtRm 6A filed ( by Judge J F. Guin Jr ) cm (CTS) (Entered: 07/30/1997)

July 3, 1997

July 3, 1997

ORDER re motion to terminate Consent Decree ; In-court hearing set for 10:00 am on 8/6/97 in CrtRm 6A filed ( by Judge J F. Guin Jr ) cm (CTS)

July 3, 1997

July 3, 1997

PACER

NOTICE of appearance for dft Lauderdale Co Comm by Christopher A Smith filed cs (CTS) (Entered: 07/30/1997)

July 23, 1997

July 23, 1997

RESPONSE, and objection in part, by dft Lauderdale Co Comm to movants' motion for order to terminate Consent Decree pursuant to the Prision Litigation Reform Act [0-1] filed cs (CTS) (Entered: 07/30/1997)

July 23, 1997

July 23, 1997

NOTICE of appearance for dft Lauderdale Co Comm by Christopher A Smith filed cs (CTS)

July 23, 1997

July 23, 1997

PACER

RESPONSE, and objection in part, by dft Lauderdale Co Comm to movants' motion for order to terminate Consent Decree pursuant to the Prision Litigation Reform Act [0-1] filed cs (CTS)

July 23, 1997

July 23, 1997

PACER

RESPONSE by movants Attorney Gen of AL & Commissioner AL Dept Correct to Court order dtd 7/3/97 filed cs (CTS) (Entered: 07/30/1997)

July 28, 1997

July 28, 1997

RESPONSE by movants Attorney Gen of AL & Commissioner AL Dept Correct to Court order dtd 7/3/97 filed cs (CTS)

July 28, 1997

July 28, 1997

PACER

BRIEF pursuant to Court's Order of 7/3/97 by dft Lauderdale Co Comm filed cs to AL Atty Gen (CTS) (Entered: 08/06/1997)

Aug. 6, 1997

Aug. 6, 1997

JAIL DAILY REPORT of Lauderdale Co Jail dtd 7/1/97 filed by dft Lauderdale Co Comm per oral order of Judge J Foy Guin Jr in Hearing held 8/6/97 (CTS) (Entered: 08/06/1997)

Aug. 6, 1997

Aug. 6, 1997

JAIL DAILY REPORT of Lauderdale Co Jail dtd 7/2/97 filed by dft Lauderdale Co Comm per oral order of Judge J Foy Guin Jr in Hearing held 8/6/97 (CTS) (Entered: 08/06/1997)

Aug. 6, 1997

Aug. 6, 1997

JAIL DAILY REPORT of Lauderdale Co Jail dtd 7/3/97 filed by dft Lauderdale Co Comm per oral order of Judge J Foy Guin Jr in Hearing held 8/6/97 (CTS) (Entered: 08/06/1997)

Aug. 6, 1997

Aug. 6, 1997

JAIL DAILY REPORT of Lauderdale Co Jail dtd 7/4/97 filed by dft Lauderdale Co Comm per oral order of Judge J Foy Guin Jr in Hearing held 8/6/97 (CTS) (Entered: 08/06/1997)

Aug. 6, 1997

Aug. 6, 1997

JAIL DAILY REPORT of Lauderdale Co Jail dtd 7/5/97 filed by dft Lauderdale Co Comm per oral order of Judge J Foy Guin Jr in Hearing held 8/6/97 (CTS) (Entered: 08/06/1997)

Aug. 6, 1997

Aug. 6, 1997

JAIL DAILY REPORT of Lauderdale Co Jail dtd 7/6/97 filed by dft Lauderdale Co Comm per oral order of Judge J Foy Guin Jr in Hearing held 8/6/97 (CTS) (Entered: 08/06/1997)

Aug. 6, 1997

Aug. 6, 1997

COURTROOM NOTES: HEARING held on Motion of the Attorney General for the State of Alabama and the Commissioner of the Alabama Department of Corrections to terminate the consent decree previously entered in this cause pursuant to the Prison Litigation Reform Act before J. Foy Guin, Jr., USDJ. Brief to be submitted within one week by AL BD of Corrections; reply by Lauderdale County Commission due one week later. Ct Rptr, TR of (EMS) (Entered: 08/06/1997)

Aug. 6, 1997

Aug. 6, 1997

BRIEF pursuant to Court's Order of 7/3/97 by dft Lauderdale Co Comm filed cs to AL Atty Gen (CTS)

Aug. 6, 1997

Aug. 6, 1997

PACER

JAIL DAILY REPORT of Lauderdale Co Jail dtd 7/1/97 filed by dft Lauderdale Co Comm per oral order of Judge J Foy Guin Jr in Hearing held 8/6/97 (CTS)

Aug. 6, 1997

Aug. 6, 1997

PACER

JAIL DAILY REPORT of Lauderdale Co Jail dtd 7/2/97 filed by dft Lauderdale Co Comm per oral order of Judge J Foy Guin Jr in Hearing held 8/6/97 (CTS)

Aug. 6, 1997

Aug. 6, 1997

PACER

JAIL DAILY REPORT of Lauderdale Co Jail dtd 7/3/97 filed by dft Lauderdale Co Comm per oral order of Judge J Foy Guin Jr in Hearing held 8/6/97 (CTS)

Aug. 6, 1997

Aug. 6, 1997

PACER

JAIL DAILY REPORT of Lauderdale Co Jail dtd 7/4/97 filed by dft Lauderdale Co Comm per oral order of Judge J Foy Guin Jr in Hearing held 8/6/97 (CTS)

Aug. 6, 1997

Aug. 6, 1997

PACER

JAIL DAILY REPORT of Lauderdale Co Jail dtd 7/5/97 filed by dft Lauderdale Co Comm per oral order of Judge J Foy Guin Jr in Hearing held 8/6/97 (CTS)

Aug. 6, 1997

Aug. 6, 1997

PACER

JAIL DAILY REPORT of Lauderdale Co Jail dtd 7/6/97 filed by dft Lauderdale Co Comm per oral order of Judge J Foy Guin Jr in Hearing held 8/6/97 (CTS)

Aug. 6, 1997

Aug. 6, 1997

PACER

COURTROOM NOTES: HEARING held on Motion of the Attorney General for the State of Alabama and the Commissioner of the Alabama Department of Corrections to terminate the consent decree previously entered in this cause pursuant to the Prison Litigation Reform Act before J. Foy Guin, Jr., USDJ. Brief to be submitted within one week by AL BD of Corrections; reply by Lauderdale County Commission due one week later. Ct Rptr, TR of (EMS)

Aug. 6, 1997

Aug. 6, 1997

PACER

MEMORANDUM OF LAW (Supplemental) in support of motion to terminate orders pursuant to the Prison Litigation Reform Act by Attorney Gen of AL & Prison Comr of Stae of AL filed cs (CTS) (Entered: 08/12/1997)

Aug. 12, 1997

Aug. 12, 1997

MEMORANDUM OF LAW (Supplemental) in support of motion to terminate orders pursuant to the Prison Litigation Reform Act by Attorney Gen of AL & Prison Comr of Stae of AL filed cs (CTS)

Aug. 12, 1997

Aug. 12, 1997

PACER

ADDENDUM to Supplemental Memorandum of Law in support of motion to terminate orders pursuant to the Prison Litigation Reform Act by Attorney General & the Prison Commissioner of the State of AL filed (CTS) (Entered: 08/20/1997)

Aug. 15, 1997

Aug. 15, 1997

ADDENDUM to Supplemental Memorandum of Law in support of motion to terminate orders pursuant to the Prison Litigation Reform Act by Attorney General & the Prison Commissioner of the State of AL filed (CTS)

Aug. 15, 1997

Aug. 15, 1997

PACER

RESPONSE by dft Lauderdale Co Comm to movant's memorandum of law in support of motion to terminate orders pursuant to the Prison Litigation Reform Act filed cs (CTS) (Entered: 08/20/1997)

Aug. 20, 1997

Aug. 20, 1997

RESPONSE by dft Lauderdale Co Comm to movant's memorandum of law in support of motion to terminate orders pursuant to the Prison Litigation Reform Act filed cs (CTS)

Aug. 20, 1997

Aug. 20, 1997

PACER

MEMORANDUM opinion filed ( by Judge J F. Guin Jr ) cm (CJV) (Entered: 09/11/1997)

Sept. 11, 1997

Sept. 11, 1997

ORDER, in accordance with the memorandum of opinion entered denying motion for order to terminate Consent Decree pursuant to the Prision Litigation Reform Act [0-1] as set out in this order filed (by Judge J F. Guin Jr ) cm (CJV) Modified on 09/11/1997 (Entered: 09/11/1997)

Sept. 11, 1997

Sept. 11, 1997

MEMORANDUM opinion filed ( by Judge J F. Guin Jr ) cm (CJV)

Sept. 11, 1997

Sept. 11, 1997

PACER

ORDER, in accordance with the memorandum of opinion entered denying motion for order to terminate Consent Decree pursuant to the Prision Litigation Reform Act [0-1] as set out in this order filed (by Judge J F. Guin Jr ) cm (CJV) Modified on 09/11/1997

Sept. 11, 1997

Sept. 11, 1997

PACER

AMENDED MEMORANDUM opinion filed ( by Judge J F. Guin Jr ) cm (CTS) (Entered: 09/18/1997)

Sept. 17, 1997

Sept. 17, 1997

ORDER withdrawing memorandum opinion of 9/11/97 & replacing it w/ the attached Amended Memorandum Opinion wc includes footnote 5 on pg 5 filed ( by Judge J F. Guin Jr ) cm (CTS) (Entered: 09/18/1997)

Sept. 17, 1997

Sept. 17, 1997

AMENDED MEMORANDUM opinion filed ( by Judge J F. Guin Jr ) cm (CTS)

Sept. 17, 1997

Sept. 17, 1997

PACER

ORDER withdrawing memorandum opinion of 9/11/97 & replacing it w/ the attached Amended Memorandum Opinion wc includes footnote 5 on pg 5 filed ( by Judge J F. Guin Jr ) cm (CTS)

Sept. 17, 1997

Sept. 17, 1997

PACER

NOTICE of appeal by dft AL Bd of Corrections & movant Comr AL Dept Corrections (Hopper) from District Court decision entered 9/11/97 denying the motion to terminate the consent decree ; notice of appeal, order appealed from and court copy of docket entries w/transmittal letter mailed cm (CTS) (Entered: 09/25/1997)

Sept. 23, 1997

Sept. 23, 1997

APPEAL fee received in amount of $105.00, receipt # 200-117262 (CTS) (Entered: 09/25/1997)

Sept. 23, 1997

Sept. 23, 1997

NOTICE of appeal by dft AL Bd of Corrections & movant Comr AL Dept Corrections (Hopper) from District Court decision entered 9/11/97 denying the motion to terminate the consent decree ; notice of appeal, order appealed from and court copy of docket entries w/transmittal letter mailed cm (CTS)

Sept. 23, 1997

Sept. 23, 1997

PACER

APPEAL fee received in amount of $105.00, receipt # 200-117262 (CTS)

Sept. 23, 1997

Sept. 23, 1997

PACER

NOTIFICATION by Circuit Court of Appellate docket number 97-6773 (CTS) (Entered: 10/03/1997)

Oct. 3, 1997

Oct. 3, 1997

NOTIFICATION by Circuit Court of Appellate docket number 97-6773 (CTS)

Oct. 3, 1997

Oct. 3, 1997

PACER

TRANSCRIPT of hearing had before Judge J F. Guin Jr on 8/6/97 , filed - Court Reporter T Roberson (CTS) (Entered: 11/07/1997)

Nov. 6, 1997

Nov. 6, 1997

TRANSCRIPT of hearing had before Judge J F. Guin Jr on 8/6/97, filed - Court Reporter T Roberson (CTS)

Nov. 6, 1997

Nov. 6, 1997

PACER

CERTIFICATE of readiness issued cm (Former Employee) (Entered: 01/15/1998)

Jan. 15, 1998

Jan. 15, 1998

CERTIFICATE of readiness issued cm (Former Employee)

Jan. 15, 1998

Jan. 15, 1998

PACER

CERTIFICATE of readiness (corrected) issued cm (Former Employee) (Entered: 02/06/1998)

Feb. 6, 1998

Feb. 6, 1998

CERTIFICATE of readiness (corrected) issued cm (Former Employee)

Feb. 6, 1998

Feb. 6, 1998

PACER

CERTIFICATE of readiness (1st supplemental) issued cm (Former Employee) (Entered: 03/18/1998)

March 18, 1998

March 18, 1998

CERTIFICATE of readiness (1st supplemental) issued cm (Former Employee)

March 18, 1998

March 18, 1998

PACER

MOTION by movants Attorney Gen of AL & Comr AL Dept Correct to supplement the appeal record w/ 3 orders dtd 6/25/82, 6/30/82 & 3/18/91 filed cs (CTS) (Entered: 03/19/1998)

March 19, 1998

March 19, 1998

MOTION by movants Attorney Gen of AL & Comr AL Dept Correct to supplement the appeal record w/ 3 orders dtd 6/25/82, 6/30/82 & 3/18/91 filed cs (CTS)

March 19, 1998

March 19, 1998

PACER

- ORDER granting dfts' 3/19/98 motion to supplement the appeal record w/ 3 orders dtd 6/25/82, 6/30/82 & 3/18/91 ( by Judge J F. Guin Jr ) entered cm (CTS) (Entered: 03/20/1998)

March 20, 1998

March 20, 1998

NOTICE (certified) from 11th Cir that appellant's motion to supplement the record on appeal has been granted filed (CTS) (Entered: 03/20/1998)

March 20, 1998

March 20, 1998

- ORDER granting dfts' 3/19/98 motion to supplement the appeal record w/ 3 orders dtd 6/25/82, 6/30/82 & 3/18/91 ( by Judge J F. Guin Jr ) entered cm (CTS)

March 20, 1998

March 20, 1998

PACER

NOTICE (certified) from 11th Cir that appellant's motion to supplement the record on appeal has been granted filed (CTS)

March 20, 1998

March 20, 1998

PACER

CERTIFICATE of readiness (2nd supplemental) issued cm (Former Employee) (Entered: 03/23/1998)

March 23, 1998

March 23, 1998

CERTIFICATE of readiness (2nd supplemental) issued cm (Former Employee)

March 23, 1998

March 23, 1998

PACER

CERTIFIED record on appeal with certified copy of docket entries and transmittal mailed USCA cm (Former Employee) (Entered: 04/23/1998)

April 23, 1998

April 23, 1998

CERTIFIED record on appeal with certified copy of docket entries and transmittal mailed USCA cm (Former Employee)

April 23, 1998

April 23, 1998

PACER

CERTIFIED copy of Appellate Court order filed 9/28/98 & issued as mandate on 10/29/98: remanding the matter back to the District Court w/ instructions to terminate the 1982 injunction in accordance w/ the opinion of this Court (Edmondson, Birch CirJdgs & Stafford USDJ-FL) [Appeal [0-1] filed w/ attached opinion (CTS) (Entered: 11/02/1998)

Oct. 30, 1998

Oct. 30, 1998

REMARK: Appeal record returned (CTS) (Entered: 11/02/1998)

Oct. 30, 1998

Oct. 30, 1998

CERTIFIED copy of Appellate Court order filed 9/28/98 & issued as mandate on 10/29/98: remanding the matter back to the District Court w/ instructions to terminate the 1982 injunction in accordance w/ the opinion of this Court (Edmondson, Birch CirJdgs & Stafford USDJ-FL) [Appeal [0-1] filed w/ attached opinion (CTS)

Oct. 30, 1998

Oct. 30, 1998

PACER

REMARK: Appeal record returned (CTS)

Oct. 30, 1998

Oct. 30, 1998

PACER

ORDER pursuant to the mandate issued by the 11th Cir Court of Appeals that the 1982 injunction issued in this case be TERMINATED filed ( by Judge J F. Guin Jr ) cm (CTS)

Nov. 3, 1998

Nov. 3, 1998

PACER

DOCKET modification (utility event) terminating case - Refer to Order entered 11/3/98 (CTS) (Entered: 01/21/1999)

Jan. 21, 1999

Jan. 21, 1999

DOCKET modification (utility event) terminating case - Refer to Order entered 11/3/98 (CTS)

Jan. 21, 1999

Jan. 21, 1999

PACER

Case Details

State / Territory: Alabama

Case Type(s):

Jail Conditions

Key Dates

Filing Date: March 21, 1979

Closing Date: 1999

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Prisoners of the Alabama Department of Corrections

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: Unknown

Class Action Sought: Unknown

Class Action Outcome: Unknown

Defendants

Lauderdale County Commission (Lauderdale), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Unknown

Source of Relief:

Unknown

Order Duration: 1994 - 2001

Issues

General:

Totality of conditions

Jails, Prisons, Detention Centers, and Other Institutions:

Crowding / caseload

Type of Facility:

Government-run