Case: Jones v. Wittenberg

3:70-cv-00388 | U.S. District Court for the Northern District of Ohio

Filed Date: Dec. 17, 1970

Case Ongoing

Clearinghouse coding complete

Case Summary

In 1970, inmates at the Lucas County Jail filed a class-action suit against several officials associated with the jail. In 1971, the U.S. District Court for the Northern District of Ohio (Judge Don J. Young) ordered the jail to update the lighting, ventilation, plumbing, paint, and cell-locking system, but denied the plaintiffs’ demand for damages. 330 F. Supp. 707. The Lucas County Sheriff appealed, and the Sixth Circuit affirmed. Jones v. Metzger, 456 F.2d 854 (6th Cir. 1972). A few years lat…

In 1970, inmates at the Lucas County Jail filed a class-action suit against several officials associated with the jail. In 1971, the U.S. District Court for the Northern District of Ohio (Judge Don J. Young) ordered the jail to update the lighting, ventilation, plumbing, paint, and cell-locking system, but denied the plaintiffs’ demand for damages. 330 F. Supp. 707. The Lucas County Sheriff appealed, and the Sixth Circuit affirmed. Jones v. Metzger, 456 F.2d 854 (6th Cir. 1972).

A few years later, the plaintiffs moved to hold the jail in contempt, and the district court appointed a Special Master to oversee the jail’s compliance with the court’s 1971 order. 73 F.R.D. 82. After the court received reports from the monitor, it found the jail to be in violation of the 1971 order, ordered the jail to come into compliance with the order, and granted additional injunctive relief to the plaintiffs. 440 F. Supp. 60. The docket for this case is not available on PACER, and therefore our information ends with the last reported decision in 1977.

On November 5, 2014, the court ordered specific population restrictions, requiring that the general classified population of the jail not exceed 403 (the count to be taken at 3:00 p.m. each day) and further to ensure that the booking population not exceed 65 at any time.

In order to ensure compliance with the November 2014 order, on September 17, 2015 the court issued a further order specifying release procedures to be followed by correctional authorities.

On December 6, 2016, the Special Master filed a report with the court, describing conditions and circumstances at the jail that were in need of judicial attention. The court held a hearing on January 10, 2017, to address the findings from the report.

As of August 2020 monitoring continues, and the docket reflects continuing payments to the special master.

Summary Authors

Lauren Cutson (5/26/2005)

Lakshmi Gopal (2/11/2016)

Chris Pollack (4/25/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5705532/parties/jones-v-wittenberg/


Judge(s)

Carr, James G. (Ohio)

Attorney for Plaintiff

Bass, Stanley A. (New York)

Attorney for Defendant

Borell, John A. Sr. (Ohio)

Byers, Fritz (Ohio)

Expert/Monitor/Master/Other

Arnold, W. David (Ohio)

show all people

Documents in the Clearinghouse

Document

3:70-cv-00388

Docket [Pacer]

Feb. 6, 2019

Feb. 6, 2019

Docket

3:70-cv-00388

Reported Opinion

Feb. 17, 1971

Feb. 17, 1971

Order/Opinion

323 F.Supp. 323

3:70-cv-00388

Reported Opinion

July 9, 1971

July 9, 1971

Order/Opinion

330 F.Supp. 330

71-01865

Reported Opinion

Jones v. Metzger

U.S. Court of Appeals for the Sixth Circuit

March 4, 1972

March 4, 1972

Order/Opinion

456 F.2d 456

3:70-cv-00388

Memorandum

April 30, 1973

April 30, 1973

Order/Opinion

357 F.Supp. 357

3:70-cv-00388

Memorandum and Order

Dec. 17, 1976

Dec. 17, 1976

Order/Opinion

73 F.R.D. 73

3:70-cv-00388

Memorandum and Order

July 29, 1977

July 29, 1977

Order/Opinion

440 F.Supp. 440

81

3:70-cv-00388

Opinion

Sept. 17, 2015

Sept. 17, 2015

Order/Opinion

2015 U.S.Dist.LEXIS 2015

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5705532/jones-v-wittenberg/

Last updated Jan. 25, 2024, 3:18 a.m.

ECF Number Description Date Link Date / Link
2

Notice of Itemized Statement of Time and Expenses from 1/1/06 through 6/30/08 of Special Master filed by Timothy J. Doyle, Esq. (B,TM) (Entered: 11/25/2008)

July 16, 2008

July 16, 2008

3

Order : Defendant Commissioner to immediately deposit with the Court Registry for payment of the Special Master the sum of $20,000.00. Signed by Judge James G. Carr on 8/22/08. (B,TM) (Entered: 11/25/2008)

Aug. 22, 2008

Aug. 22, 2008

4

Order : Clerk of Court shall pay monies on the deposit in the Court Registry to the above named Special Master the sum of $19,200.00. Signed by Judge James G. Carr on 8/22/08. (B,TM) (Entered: 11/25/2008)

Aug. 22, 2008

Aug. 22, 2008

1

Manual docket sheet containing docket entries dating 12/17/70−8/22/08. (B,TM) (Additional attachment(s) added on 9/6/2011: # 1 Sealed Docs−Afdts in Support of Mtn filed 5/2/74) (L,V). (Additional attachment(s) added on 9/6/2011: # 2 Letters Dated 5/3/1973) (L,V). (Entered: 11/13/2008)

Nov. 13, 2008

Nov. 13, 2008

Financial Transaction in the amount of $19,200.00. Monies disbursed to Special Master Timothy J. Doyle on 5/20/2009 per Order dated 8/22/08. Related document(s) 4 . (L,V) (Entered: 06/04/2009)

June 4, 2009

June 4, 2009

5

ITEMIZED STATEMENT filed by Special Master Timothy J. Doyle regarding time and expenses for 7/1/08 through 10/30/08 (Attachments: # 1 Proposed Order) (L,V) (Entered: 07/07/2009)

July 7, 2009

July 7, 2009

6

Order directing Clerk to pay special master $2,842.86 re 5 Status Report filed by Timothy J. Doyle. Judge James G. Carr on 7/10/2009. (L,V) (Entered: 07/10/2009)

July 10, 2009

July 10, 2009

8

Order Defendant Commissioner to immediately deposit with the Court Registry for payment of the Special Master the sum of $9,022.86. Signed by Judge James G. Carr on 2/8/10. (B,TM) (Entered: 02/08/2010)

Feb. 8, 2010

Feb. 8, 2010

9

Order directing Clerk to pay monies on deposit in the Court Registry to Special Master Timothy J. Doyle in the sum of $9,022.86 re 7 Itemized Statement. Signed by Judge James G. Carr on 2/8/10. (B,TM) Modified on 2/16/2010 (B,TM). (Entered: 02/08/2010)

Feb. 8, 2010

Feb. 8, 2010

10

ITEMIZED STATEMENT filed by Timothy J. Doyle, Esq., regarding time and expenses for February 1, 2010 through September 30, 2010. (B,TM) (Entered: 10/27/2010)

Oct. 27, 2010

Oct. 27, 2010

11

Order directing Clerk of Court to pay from the monies on deposit in the Court Registry to Special Master, the sum of $5,280.00. Judge James G. Carr on 10/27/2010. Related document(s) 10 Itemized Statement (B,TM) Modified on 10/27/2010 (B,TM). (Entered: 10/27/2010)

Oct. 27, 2010

Oct. 27, 2010

Financial Transaction in the amount of $5,280.00 received from Lucas County Auditor per Order dated 10/27/10 Receipt # 34660005864 Related document(s) 11 . (L,V) (Entered: 03/30/2011)

March 29, 2011

March 29, 2011

12

Statement re: special master fees 10/1/10 through 6/30/11 filed by Timothy J. Doyle. (L,V) (Entered: 07/13/2011)

July 13, 2011

July 13, 2011

13

Order directing Clerk to pay $6,480.00 to Timothy J. Doyle, Special Master per Statement filed 7/13/2011 12 . Judge James G. Carr on 7/13/2011. (L,V) (Entered: 07/13/2011)

July 13, 2011

July 13, 2011

14

Order directing defendant Commissioners to deposit $6,480.00 with Court to pay Special Master Per Order dated 7/13/11 13 . Judge James G. Carr on 7/13/2011. (L,V) (Entered: 07/13/2011)

July 13, 2011

July 13, 2011

15

Statement re: Special Master Fees of $6,870.00 from 7/01/11 through 1/31/12 (L,V) (Entered: 02/08/2012)

Feb. 8, 2012

Feb. 8, 2012

16

Order directing Clerk to pay $6,870.00 to Timothy J. Doyle, Special Master per Statement filed 2/8/12 15 . Judge James G. Carr on 2/8/2012. (L,V) (Entered: 02/08/2012)

Feb. 8, 2012

Feb. 8, 2012

17

Order directing defendant Commissioners to deposit $6,870.00 with Court to pay Special Master per Order dated 2/8/12 16 . Judge James G. Carr on 2/13/2012. (L,V) (Entered: 02/14/2012)

Feb. 13, 2012

Feb. 13, 2012

18

Order directing defendant Commissioners to deposit $5,970.00 with Court to pay Special Master per Order dated 8/27/12. Judge James G. Carr on 9/10/12. (C,D) (Entered: 09/10/2012)

Sept. 10, 2012

Sept. 10, 2012

Financial Transaction in the amount of $5,970.00 received from Lucas County Auditor on 10/16/12 per Order dated 9/10/12. Receipt # 34660007280. Related document(s) 18 . (L,V) (Entered: 10/17/2012)

Oct. 17, 2012

Oct. 17, 2012

19

Order directing Defendant Commissioners to immediately deposit $6930.00 with the Court Registry to pay the Special Master. Judge James G. Carr on 2/25/13. (C,D) (Entered: 02/25/2013)

Feb. 25, 2013

Feb. 25, 2013

20

Statement re: special master fees of $6,930.00 (8/1/12 through 1/31/13). (C,D) Modified on 4/22/2013 (L,V). (Entered: 03/01/2013)

Feb. 28, 2013

Feb. 28, 2013

21

Order directing Clerk to pay $6,930.00 to Timothy J. Doyle, Special Master per Statement filed 2/28/13. Judge James G. Carr on 2/28/13. (C,D) (Entered: 03/01/2013)

Feb. 28, 2013

Feb. 28, 2013

Financial Transaction in the amount of $6,930.00 received from Lucas County Auditors per Order dated 2/25/2013. Receipt # 34660007625 (L,V) (Entered: 04/17/2013)

April 17, 2013

April 17, 2013

Judge Jack Zouhary assigned to case. Judge James G. Carr terminated. (L,V) (Entered: 07/02/2013)

July 2, 2013

July 2, 2013

23

Order directing Defendant County Commissioners to immediately deposit with the Court Registry sufficient funds for payment and for the Clerk to pay $12,255.00 to Timothy J. Doyle, Special Master. Judge Jack Zouhary on 10/9/2013. (Attachments: # 1 10/1/2013 Itemized Statement re: Special Master Fees of $12,255.00 − 2/1/2013 through 9/30/2013) (D,L) (Entered: 10/09/2013)

Oct. 9, 2013

Oct. 9, 2013

24

Order of Reassignment. This case is returned to the Clerk for reassignment to Judge James G. Carr for all further proceedings. Judge James G. Carr on 11/20/13. (C,D) (Entered: 11/20/2013)

Nov. 20, 2013

Nov. 20, 2013

Judge James G. Carr assigned to case. Judge Jack Zouhary terminated. (H,JD) (Entered: 11/20/2013)

Nov. 20, 2013

Nov. 20, 2013

25

Attorney Appearance by Aneel L. Chablani filed by on behalf of All Plaintiffs. (Chablani, Aneel) (Entered: 11/21/2013)

Nov. 21, 2013

Nov. 21, 2013

26

Order Status conference set for 12/6/2013, at 2:00 p.m. in Chambers 403 ; representative of the Lucas County Commissioners, Lucas County Sheriff, City of Toledo, and Special Master Timothy Doyle shall attend. Clerk shall attach a scanned pdf copy of the current terms and conditions applicable (per Lucas County Court of Common Pleas Rules under this Courts prior orders) in this case. Judge James G. Carr on 11/25/13. (Attachments: # 1 Rules)(C,D) Modified on 12/4/2013 (L,A). (Entered: 11/25/2013)

Nov. 25, 2013

Nov. 25, 2013

27

Attorney Appearance by Kevin A. Pituch filed by on behalf of All Defendants. (Pituch, Kevin) (Entered: 11/26/2013)

Nov. 26, 2013

Nov. 26, 2013

28

Order : Clerk to obtain copies of "NIC Report" for Mayor elect Michael Collins (to be sent to Adam Loucks), the Special Master, and the undersigned. Further status conference set for Friday, January 17, 2014, at 2:00 p.m. in the Judicial Conference Room, U.S. Courthouse & Customshouse; City to report to the Special Master and undersigned on impact on jail population as a result of extension of "FCO" from twelve to twenty−one days. Any participant in the conference held December 6, 2013, granted leave to propose/submit items on or before January 15, 2014, for discussion at the next status conference. Judge James G. Carr on 12/9/13. (C,D) (Entered: 12/09/2013)

Dec. 9, 2013

Dec. 9, 2013

Set Deadlines and Hearings Status Conference set for 1/17/2014 at 02:00 PM in the Judicial Conference Room before Judge James G. Carr. Related document(s) 28 . (C,D) (Entered: 12/09/2013)

Dec. 9, 2013

Dec. 9, 2013

Notice Please note that the location for the meeting scheduled for 1/17/14 at 2:00 PM has been changed. The meeting will now take place at the County Commissioner's office, One Government Center, Conference Room A on the 8th Floor. (re 28 Order) Judge James G. Carr on 1/14/13. (C,D) (Entered: 01/14/2014)

Jan. 14, 2014

Jan. 14, 2014

Notice [non−document] of In Chambers Conference set for 2/6/2014 at 11:00 AM in Chambers 403 (Toledo) before Judge James G. Carr. (C,D) (Entered: 01/30/2014)

Jan. 30, 2014

Jan. 30, 2014

29

Order. Counsel for the parties attend a status conference on Thursday, 2/6/2014, at 11:00 a.m.. Judge James G. Carr on 1/31/2014. (G,D) (Entered: 01/31/2014)

Jan. 31, 2014

Jan. 31, 2014

30

Order. Status/Scheduling Conference held on 2/6/2014. Defendants to research and report on or before 3/31/2014, on options for reminder notifications to defendants released by the Municipal and Common Pleas Courts; Leave granted to counsel for plaintiffs to conduct a visit of the Lucas County Jail on a date and at a time convenient for the Sheriff and counsel for the defendants. Further Status/Scheduling Conference set for 3/10/2014 at 11:00 AM in Chambers 403 (Toledo) before Judge James G. Carr. Judge James G. Carr on 2/6/2014. (G,D) (Entered: 02/06/2014)

Feb. 6, 2014

Feb. 6, 2014

32

Statement re: Special Master Fees of $6,607.50 from 10/1/13 through 1/31/14. Judge James G. Carr on 2/19/14. (C,D) (Entered: 02/19/2014)

Feb. 19, 2014

Feb. 19, 2014

33

Order directing Clerk to pay $6,607.50 to Timothy J. Doyle, Special Master per Statement filed 2/19/14. Judge James G. Carr on 2/19/14. (C,D) (Entered: 02/19/2014)

Feb. 19, 2014

Feb. 19, 2014

Financial Transaction in the amount of $12,255.00 received from Lucas County Auditor per Order dated 10/9/2013. Receipt # 34660008161 Related document(s) 23 . (M,L) Corrected Date Filed on 3/31/2014 (M,L). (Entered: 03/31/2014)

Feb. 25, 2014

Feb. 25, 2014

Financial Transaction in the amount of $6,607.50 received from Lucas County Auditor, per Order dated 02/19/2014. Receipt # 34660008183. Related document(s) 31 . (L,A) (Entered: 03/07/2014)

March 7, 2014

March 7, 2014

34

Order. Status Conference held on 3/10/2014 Further Status Conference set for 4/14/2014 at 11:00 AM in Chambers 403 (Toledo) before Judge James G. Carr. Judge James G. Carr on 3/11/2014. (G,D) (Entered: 03/11/2014)

March 11, 2014

March 11, 2014

Minute Order [non−document] of Status Conference held on 4/14/14 Time: 1 hour. Further Status Conference set for 5/19/2014 at 11:30 AM in Chambers 403 (Toledo) before Judge James G. Carr. Judge James G. Carr on 4/15/14. (C,D) (Entered: 04/15/2014)

April 15, 2014

April 15, 2014

Order (non−document). Status Conference previously set for 5/19/2014 at 11:30 AM is vacated and will be reset at a later date. Judge James G. Carr on 5/15/2014. (G,D) (Entered: 05/15/2014)

May 15, 2014

May 15, 2014

IMPORTANT: Notice [non−document] of Status Conference set for 6/2/2014 at 10:30 AM in Chambers 403 (Toledo) before Judge James G. Carr. (C,D) (Entered: 05/20/2014)

May 20, 2014

May 20, 2014

35

Statment re: Special Master's fees $6300.00 from 2/1/14 through 4/30/14. Judge James G. Carr on 6/2/14. (C,D) (Entered: 06/02/2014)

June 2, 2014

June 2, 2014

36

Order of Disbursement of funds from the Court Registry in the amount of $6300.00. Judge James G. Carr on 6/2/14. (C,D) (Entered: 06/02/2014)

June 2, 2014

June 2, 2014

37

Order : The defendant Commissioners are to immediately deposit with the Court Registry for payment to the Special Master the sum of $20,000.00. Judge James G. Carr on 6/2/14. (C,D) (Entered: 06/02/2014)

June 2, 2014

June 2, 2014

Notice [non−document] of Status Conference. Due to an unanticipated conflict in the court's schedule, the status conference previously set for July 8, 2014 at 3:00 PM is hereby vacated and reset for Monday, July 14, 2014 at at 03:00 PM in Chambers 403 (Toledo) before Judge James G. Carr. (C,D) (Entered: 06/13/2014)

June 13, 2014

June 13, 2014

Financial Transaction in the amount of $6,300.00 received from Lucas County Auditor, per Order dated 06/02/2014. Receipt # 34660008333. Related document 37 . (H,JD) (Entered: 06/16/2014)

June 16, 2014

June 16, 2014

Notice [non−document] of Status Conference. The Status Conference previously set for July 14, 2014 has be RESCHEDULED to July 16, 2014 at 03:30 PM in Chambers 403 (Toledo) before Judge James G. Carr. (C,D) (Entered: 07/01/2014)

July 1, 2014

July 1, 2014

38

Status Report (C,D) (Entered: 07/02/2014)

July 2, 2014

July 2, 2014

39

Order. Status Conference held on 7/16/2014. Commissioners representative to report on further inquiry re. use of telephone apps for reminder notification; status of placement of persons with mental health need; Municipal court participant to report on status of pretrial judicial diversion program; Further status conference set Thursday, 8/28/2014, at 3:00 p.m.; parties to submit agenda(s) on or before noon, 8/25/2014. Judge James G. Carr on 7/17/2014. (G,D) (Entered: 07/17/2014)

July 17, 2014

July 17, 2014

Remark by Finance. Funds in the amount of 6300.00 disbursed on 7/30/14. (G,P) (Entered: 08/06/2014)

Aug. 6, 2014

Aug. 6, 2014

41

Order of Disbursement of funds from the Court Registry in the amount of $8452.00. Judge James G. Carr on 8/20/2014. (G,D) (Entered: 08/20/2014)

Aug. 20, 2014

Aug. 20, 2014

42

Order. Defendant Commissioners are to immediately Deposit into the Court Registry in the amount of $8452.00 for payment to the Special Master. Judge James G. Carr on 8/20/2014. (G,D) (Entered: 08/20/2014)

Aug. 20, 2014

Aug. 20, 2014

Financial Transaction in the amount of $8,452.00 received from Lucas County Auditor per Order dated 8/20/2014. Receipt # 34660008495. Related document(s) 42 . (M,L) (Entered: 09/11/2014)

Sept. 11, 2014

Sept. 11, 2014

43

Amended Order of Disbursement of funds from the Court Registry in the amount of $8452.00 (Re. 41 ). Judge James G. Carr on 9/23/2014. (G,D) (Entered: 09/23/2014)

Sept. 23, 2014

Sept. 23, 2014

44

Amended Order. Defendant Commissioners are to immediately Deposit into the Court Registry in the amount of $8452.00 for payment to the Special Master (re. 42 ). Judge James G. Carr on 9/23/2014. (G,D) (Entered: 09/23/2014)

Sept. 23, 2014

Sept. 23, 2014

Notice [non−document] of Status Conference set for 11/3/2014 at 03:00 PM in Chambers 403 (Toledo) before Judge James G. Carr. (C,D) (Entered: 10/07/2014)

Oct. 7, 2014

Oct. 7, 2014

45

Motion to show cause filed by Terry Bovee, Charles Jones, David Lewis, Jr., Leonard Mayne, Jr. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Chablani, Aneel) (Entered: 10/21/2014)

Oct. 21, 2014

Oct. 21, 2014

46

Attorney Appearance of Evy M. Jarrett by Kevin A. Pituch filed by on behalf of All Defendants. (Pituch, Kevin) (Entered: 10/21/2014)

Oct. 21, 2014

Oct. 21, 2014

47

Motion for extension of time until October 31, 2014 to Respond to Plaintiff's 45 Motion to Show Cause filed by Donald Atkinson, Ronald Collins, William Gernheuser, James Holzemer, Joe Latimer, Jr, William Metzger, Homer Roberts, William Sampson, Roderick Schweirking, Sol Wittenberg. (Pituch, Kevin) (Entered: 10/21/2014)

Oct. 21, 2014

Oct. 21, 2014

48

Order. Status/Scheduling Conference held on 10/22/2014. Court Reporter: Tracy Spore. Defendants to file response to plaintiffs' motion for an order to show cause on or before 10/30/2014; plaintiffs, if desired, to submit reply on or before 11/3/2014. Parties to consult and confer re. measures this Court can implement to cause defendants to come into compliance with Court's prior orders relating to inmate population in the Lucas County Jail, and in addition to other matters to be considered, to report on the status of such consultation at hearing set herein. Show Cause Hearing set for 11/5/2014 at 10:30 AM in Courtroom 204 before Judge James G. Carr. Pretrial conference previously set for 11/3/2014 vacated. Judge James G. Carr on 10/22/2014. (G,D) (Entered: 10/22/2014)

Oct. 22, 2014

Oct. 22, 2014

49

Order : Defendant Commissioners are to immediately deposit with the Court Registry for payment to the Special Master, the sum of $7,822.18. Judge James G. Carr on 10/24/14. (C,D) (Entered: 10/24/2014)

Oct. 24, 2014

Oct. 24, 2014

50

Itemized Statement of Time and Expenses of Special Master, Timothy J. Doyle, From 08/16/2014 through 10/17/2014 in the amount of $7,822.18. Judge James G. Carr on 10/24/14. (C,D) (Entered: 10/24/2014)

Oct. 24, 2014

Oct. 24, 2014

51

Order of Disbursement of funds from the Court Registry in the amount of $7822.18. Judge James G. Carr on 10/24/14. (C,D) (Entered: 10/24/2014)

Oct. 24, 2014

Oct. 24, 2014

52

Motion to intervene as a party pursuant to Fed. R. Civ. P. 24 filed by Intervenor William M. Connelly Jr. (Attachments: # 1 Exhibit A − Proposed Opposition to Plaintiffs' Motion for Order to Show Cause, # 2 Exhibit B − Affidavit of William M. Connelly Jr. in Support of Proposed Opposition to Plaintiffs' Motion for Order to Show Cause)(Tucker, Robert) Modified on 11/4/2014 (L,A). (Entered: 10/30/2014)

Oct. 30, 2014

Oct. 30, 2014

53

Opposition to Plaintiffs' 45 Motion to show cause filed by Donald Atkinson, Ronald Collins, William Gernheuser, James Holzemer, Joe Latimer, Jr, William Metzger, Homer Roberts, William Sampson, Roderick Schweirking, Sol Wittenberg. (Attachments: # 1 Exhibit 1 Jones/Wittenberg Docket Sheet, # 2 Exhibit 2 Active Inmate Population Severest Charge)(Borell, John) (Entered: 10/30/2014)

Oct. 30, 2014

Oct. 30, 2014

54

Attorney Appearance by W. David Arnold filed by on behalf of William M. Connelly Jr.. (Arnold, W.) (Entered: 10/31/2014)

Oct. 31, 2014

Oct. 31, 2014

55

Opposition to Proposed Intervenor William M. Connelly, Jr.'s 52 Motion to intervene as a party filed by All Defendants. (Attachments: # 1 Exhibit)(Pituch, Kevin) (Entered: 11/04/2014)

Nov. 4, 2014

Nov. 4, 2014

56

Order Show Cause hearing held on 11/5/14. Time: 1 hour. By no later than Thursday, November 20, 2014, and continuing thereafter as provided herein, the defendant Lucas County Sheriff shall house no more than 403 inmates; 2. By no later than Tuesday, December 30, 2014, the defendant Lucas County Sheriff shall, until further Order, house no more than 369 inmates; 3. The inmates being housed pursuant to this Order shall include those in the medical unit; 4. The booking area shall not be used to house inmates; persons admitted to the Lucas County Jail for purposes of booking shall, within the time reasonably and ordinarilyneeded to perform routine booking functions, shall either be released or housed in the Lucas County Jail within the population limits of this Order; 5. The parties shall submit status report(s) on or before Monday, December 15, 2014, informing the undersigned inter alia, as to proposals for remediating noncompliance with this court's prior orders relating to the maximum number of inmates housed in the Lucas County Jail and such other matters as the parties deem appropriate; and 6. Status conference or other proceedings to be held on request of any party or per Order. Judge James G. Carr on 11/5/14. (C,D) (Entered: 11/05/2014)

Nov. 5, 2014

Nov. 5, 2014

Financial Transaction in the amount of $7,822.18 received from Lucas County Auditor per Order of 11/05/2014. Receipt # 34660008598. Related document(s) 56 . (L,A) (Entered: 11/06/2014)

Nov. 6, 2014

Nov. 6, 2014

57

Motion to Modify Consent Decree filed by Intervenor William M. Connelly Jr.. (Attachments: # 1 Proposed Order)(Arnold, W.) (Entered: 12/08/2014)

Dec. 8, 2014

Dec. 8, 2014

58

Status Report filed by All Defendants. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Borell, John) (Entered: 12/12/2014)

Dec. 12, 2014

Dec. 12, 2014

59

Status Report filed by William M. Connelly Jr.. (Arnold, W.) (Entered: 12/12/2014)

Dec. 12, 2014

Dec. 12, 2014

60

Status Report filed by All Plaintiffs. (Chablani, Aneel) (Entered: 12/14/2014)

Dec. 13, 2014

Dec. 13, 2014

61

Order On suggestion of the Special Master, Order of August 7, 1987, vacated. Plaintiff and County defendants to file responses on or before December 30, 2014, to Toledo Municipal Judge's 57 Motion for modification; reply due January 15, 2015. Pending adjudication of motion to modify, compliance with December 30, 2014, population capacity of 369, per Order of November 5, 2014, stayed; Status Conference set for 1/26/2015 at 04:00 PM in Chambers 403 (Toledo) before Judge James G. Carr. Judge James G. Carr on 12/16/14. (C,D)

Dec. 16, 2014

Dec. 16, 2014

RECAP
62

Motion for extension of time until Jan. 13, 2015 to Respond to Intervenor's 57 Motion to Modify Consent Decree filed by Donald Atkinson, Ronald Collins, William Gernheuser, James Holzemer, Joe Latimer, Jr, William Metzger, Homer Roberts, William Sampson, Roderick Schweirking, Sol Wittenberg. (Borell, John) (Entered: 12/22/2014)

Dec. 22, 2014

Dec. 22, 2014

63

Order granting Defendant's 62 Motion for extension of time until 1/13/2015 to Respond to Intervenor's 57 Motion to Modify Consent Decree. Reply due on or before 1/31/2015. Status conference previously set for 1/26/2015, vacated and reset for 2/2/2015 at 04:00 PM in Chambers 403 (Toledo) before Judge James G. Carr. Judge James G. Carr on 12/29/2014. (G,D) (Entered: 12/29/2014)

Dec. 29, 2014

Dec. 29, 2014

64

Order : Defendant Commissioners are to immediately deposit with the Court Registry for payment to the Special Master, the sum of $6738.00. Judge James G. Carr on 1/9/15. (C,D) (Entered: 01/09/2015)

Jan. 9, 2015

Jan. 9, 2015

65

Itemized Statement re 64 of Time and Expenses of Special Master, Timothy J. Doyle from October 18, 2014 through December 31, 2014. (C,D) (Entered: 01/09/2015)

Jan. 9, 2015

Jan. 9, 2015

67

Response to Intervenor's 57 Motion Modify Consent Decree filed by All Defendants. (Attachments: # 1 Affidavit Moesenthin, # 2 Affidavit Moesenthin Attachment No. 1, # 3 Affidavit Moesenthin Attachment No. 2, # 4 Affidavit Moesenthin Attachment No. 3, # 5 Affidavit Moesenthin Attachment No. 4, # 6 Affidavit Moesenthin Attachment No. 5, # 7 Affidavit Franks)(Borell, John) (Entered: 01/13/2015)

Jan. 13, 2015

Jan. 13, 2015

68

Response to Intervenor's 57 Motion to Modify Consent Decree filed by All Plaintiffs. (Chablani, Aneel) (Entered: 01/13/2015)

Jan. 13, 2015

Jan. 13, 2015

Financial Transaction in the amount of $6,738.00 received from Lucas County Auditor per Order of 01/09/2015. Receipt # 34660008742. Related document(s) 64 . (L,A) (Entered: 01/26/2015)

Jan. 26, 2015

Jan. 26, 2015

69

Reply in support of Intervenor's 57 Motion to Modify Consent Decree filed by William M. Connelly Jr. (Arnold, W.) Modified text on 2/4/2015 (L,A). (Entered: 01/30/2015)

Jan. 30, 2015

Jan. 30, 2015

70

Order Status Conference set for 4/27/2015 at 04:00 PM in Chambers 403 (Toledo) before Judge James G. Carr. Status Report due by 4/1/2015. (See Order for full details) Pending further court order, defendants shall take all steps necessary to maintain inmate population at or below 403; November 5, 2014 Order is otherwise stayed, also pending further court order. Judge James G. Carr on 2/2/15. (C,D)

Feb. 2, 2015

Feb. 2, 2015

RECAP
71

Status Report filed by All Defendants. (Pituch, Kevin) (Entered: 04/01/2015)

April 1, 2015

April 1, 2015

72

Second Status Report filed by William M. Connelly Jr.. (Attachments: # 1 Exhibit A − Bonding Memorandum, # 2 Exhibit B − Weekend Release Spreadsheet, # 3 Exhibit C − Amended Local Rule 22, # 4 Exhibit D − Amended Local Rule 41, # 5 Exhibit E − CARS Outline, # 6 Exhibit F − CARS Rules, # 7 Exhibit G − CARS Caller Script, # 8 Exhibit H − TPD Memorandum Regarding Phone Number Collection, # 9 Exhibit I − 2011 TMC Detention Guidelines, # 10 Exhibit J − 2013 TMC Detention Guidelines, # 11 Exhibit K − Minutes of Justice Advisory Council Meeting, # 12 Exhibit L − Population Management Plan, # 13 Exhibit M − TMC Jail Population Spreadsheet)(Thompson, Chad) (Entered: 04/01/2015)

April 1, 2015

April 1, 2015

73

Order. Status Conference held on 4/27/2015. Further Status Conference set for 6/18/2015 at 04:00 PM in Chambers 403 (Toledo) before Judge James G. Carr. Judge James G. Carr on 4/28/2015. (G,D) (Entered: 04/28/2015)

April 28, 2015

April 28, 2015

74

Itemized Statement of time and expenses of Special Master Timonty J. Doyle from 1/1/2015 through 4/30/2015.(C,D) (C,D). (Entered: 05/18/2015)

May 18, 2015

May 18, 2015

75

Order : The Defendant Commissioners are to immediately deposit with the Court Registry for payment to the Special Master, the sum of $6,115.50. Judge James G. Carr on 5/18/15. (C,D) (Entered: 05/18/2015)

May 18, 2015

May 18, 2015

76

Order of Disbursement of funds from the Court Registry in the amount of $6,115.50. Judge James G. Carr on 5/18/15. (C,D) (Entered: 05/18/2015)

May 18, 2015

May 18, 2015

Remark by Finance. Funds in the amount of $6,115.50 disbursed on 06/04/2015. (G,P) (Entered: 06/04/2015)

June 4, 2015

June 4, 2015

IMPORTANT: Notice [non−document]. Status Conference ORIGINALLY set for 7/31/2015 has been RESET to 7/29/2015 at 04:30 PM at the Lucas County Emergency Services Building, 2144 Monroe Street, 3rd Floor Conference Room, before Judge James G. Carr. (G,D) (Entered: 07/21/2015)

July 21, 2015

July 21, 2015

77

Order : Absent exceptional circumstances, Court will enforce currently ordered booking capacity of 65 inmates as of September 15, 2015. Counsel are to present proposals for modifying currently ordered basis for release of prisoners (charge) by August 24, 2015. Status Conference set for 8/27/2015 at 04:00 PM in Chambers 403 (Toledo) before Judge James G. Carr. Judge James G. Carr on 8/11/15. (C,D) (Entered: 08/11/2015)

Aug. 11, 2015

Aug. 11, 2015

79

Order. Defendant Commissioners are to immediately deposit with the Court Registry for payment to the Special Master, the sum of Nine Thousand Four Hundred Fifty Five and 50/100 ($9,455.50). Judge James G. Carr on 9/14/2015. (G,D) (Entered: 09/14/2015)

Sept. 14, 2015

Sept. 14, 2015

80

Itemized Statement of time and expenses of Special Master Timothy J. Doyle from 5/1/2015 through 8/31/2015 (G,D) (Entered: 09/14/2015)

Sept. 14, 2015

Sept. 14, 2015

81

Order of the Special Master regarding Emergency Release Protocol(C,D) (Entered: 09/17/2015)

Sept. 17, 2015

Sept. 17, 2015

82

Order. Status Conference held on 9/22/2015. Further Status Conference set for 10/19/2015 at 03:00 PM in Chambers 403 (Toledo) before Judge James G. Carr. Judge James G. Carr on 9/23/2015. (G,D) (Entered: 09/23/2015)

Sept. 23, 2015

Sept. 23, 2015

Case Details

State / Territory: Ohio

Case Type(s):

Jail Conditions

Key Dates

Filing Date: Dec. 17, 1970

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Inmates at the Lucas County Jail

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Lucas County Jail (Lucas), County

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Available Documents:

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 1971 - None

Content of Injunction:

Reporting

Monitor/Master

Auditing

Monitoring

Issues

General:

Conditions of confinement

Record-keeping

Records Disclosure

Sanitation / living conditions

Totality of conditions

Jails, Prisons, Detention Centers, and Other Institutions:

Crowding / caseload

Type of Facility:

Government-run