Case: Armstrong v. Metropolitan Gov. of Nashville and Davidson County

3:87-cv-00262 | U.S. District Court for the Middle District of Tennessee

Filed Date: March 31, 1987

Closed Date: 2002

Clearinghouse coding complete

Case Summary

On March 31, 1987, inmates and pretrial detainees being held at the jails in Davidson County, Tennessee filed a class action lawsuit under 42 U.S.C. § 1983 against Tennessee Department of Corrections and the Metropolitan Government of the City of Nashville in the U.S. District Court for the Middle District of Tennessee. The plaintiffs, represented by the Vanderbilt University Legal Clinic, alleged that their constitutional rights had been violated by conditions at the jail, including overcrowd…

On March 31, 1987, inmates and pretrial detainees being held at the jails in Davidson County, Tennessee filed a class action lawsuit under 42 U.S.C. § 1983 against Tennessee Department of Corrections and the Metropolitan Government of the City of Nashville in the U.S. District Court for the Middle District of Tennessee. The plaintiffs, represented by the Vanderbilt University Legal Clinic, alleged that their constitutional rights had been violated by conditions at the jail, including overcrowding, poor sanitation, poor security, and lack of fire safety.

On October 20, 1989, the Metropolitan Government admitted before the U.S. District Court for the Middle District of Tennessee (Judge Thomas Higgins) that its jails were unconstitutional, but Department of Corrections did not admit such violations to exist. On December 13, 1989, the court (Judge Higgins) bifurcated the litigation, and on July 25, 1990, the court ordered the Department of Corrections to remove its convicted felons from the Metropolitan Government's facilities.

On April 30, 1991, the court (Judge Higgins) issued an injunction setting population caps on the Metropolitan jails and approved a remedial plan that addressed the other constitutional violations. Specifically, the plan addressed violations in the areas of personal safety, classification, recreation, programming, sanitation, fire safety, and access to courts. On June 3, 1993, the parties agreed that the Metropolitan jails were no longer unconstitutional and had met the remedial plan's requirements. This was confirmed by the court on November 17, 1993.

On May 18, 1995, the parties agreed that the litigation should end if the Metropolitan Government could demonstrate its ability to control overcrowding in its jails. On February 9, 1997, the Metropolitan Government opened a new 600-bed facility, and on April 7, 2000, they filed a final jail management plan with the court, asking the court to dissolve the population cap injunction and dismiss the case.

On March 11, 2002, the court (Judge Higgins) dissolved the injunction and dismissed the case, holding that conditions in the new jails conformed to the constitution's requirements. Armstrong v. Metropolitan Government of Nashville, 196 F.Supp.2d 673 (M.D.Tenn. 2002).

Summary Authors

Kristen Sagar (6/13/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/10195406/parties/armstrong-v-sheriff-davidson/


Judge(s)

Higgins, Thomas Aquinas (Tennessee)

Attorney for Plaintiff

Kay, Susan Laurie (Tennessee)

Attorney for Defendant

Charles, James Lawrence (Tennessee)

Frayn, Kimberly (Tennessee)

Kennedy, John Lee (Tennessee)

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Documents in the Clearinghouse

Document

3:87-cv-00262

Docket [PACER]

Armstrong v. Sheriff, Davidson

March 13, 2002

March 13, 2002

Docket
406

3:87-cv-00262

3:87-00257

Memorandum

Armstrong v. Metropolitan Government of Nashville and Davidson County

March 11, 2002

March 11, 2002

Order/Opinion

196 F.Supp.2d 196

Docket

See docket on RECAP: https://www.courtlistener.com/docket/10195406/armstrong-v-sheriff-davidson/

Last updated Jan. 28, 2024, 3:06 a.m.

ECF Number Description Date Link Date / Link
13

COMPLAINT (mk) Modified on 01/09/1992 (Entered: 01/09/1992)

March 31, 1987

March 31, 1987

PACER

REMARK: Per order entered by Judge Higgins in 3:87-cv-257, cases consolidated. This will be lead docket. (mk)

May 11, 1987

May 11, 1987

PACER
16

ANSWER by defendant Sheriff, Davidson to [13-1] (mk) (Entered: 01/09/1992)

May 11, 1987

May 11, 1987

PACER
17

ANSWER by defendant Ronald Dent to [13-1] (mk) (Entered: 01/09/1992)

May 11, 1987

May 11, 1987

PACER
18

ANSWER by defendant William Lynch to [13-1] (mk) (Entered: 01/09/1992)

May 11, 1987

May 11, 1987

PACER
19

ANSWER by defendant Fate Thomas to [13-1] (mk) (Entered: 01/09/1992)

May 11, 1987

May 11, 1987

PACER
50

ANSWER by defendants to [13-1] (mk) (Entered: 01/09/1992)

June 22, 1987

June 22, 1987

PACER
51

THIRD-PARTY COMPLAINT: by third-party plaintiff Metropolitan Govt (mk) Modified on 01/09/1992 (Entered: 01/09/1992)

July 1, 1987

July 1, 1987

PACER

RETURN OF SERVICE executed upon third-party defendant Ned McWherter, third-party defendant Stephen H. Norris, third-party defendant Linda Miller, third-party defendant Ronald Bishop, third-party defendant Stephanie Chivers, third-party defendant Donna Blackburn, third-party defendant Ed Hoover, third-party defendant Gretchen Faulstitch on 7/1/87 (mk)

July 2, 1987

July 2, 1987

PACER

REMARK: per order entered by Judge Higgins in #3:87-cv-581, cases consolidated. (mk)

Sept. 14, 1987

Sept. 14, 1987

PACER

REMARK: Per order entered by Judge Higgins in #3:87-cv-577, cases consolidated (mk)

Oct. 14, 1987

Oct. 14, 1987

PACER
72

ANSWER by defendant Fate Thomas, defendant Metropolitan Govt to [13-1] (filed in 3:87-0577) (mk) (Entered: 01/09/1992)

Nov. 3, 1987

Nov. 3, 1987

PACER

REMARK: per order of Judge Higgins in #3:87-cv-832, cases consolidated (mk)

March 7, 1988

March 7, 1988

PACER
74

ANSWER by defendant Fate Thomas, defendant John Burns to [13-1] (filed in 3:87-cv-832) (mk) (Entered: 01/09/1992)

April 5, 1988

April 5, 1988

PACER

REMARK: per order entered by Judge Higgins in #3:88-cv-370, cases consolidated (mk)

Aug. 2, 1988

Aug. 2, 1988

PACER

REMARK: per order entered by Judge Higgins in #3:88-cv-0035, cases consolidated (mk)

Aug. 23, 1988

Aug. 23, 1988

PACER

REMARK: per order entered by Magistrate Sandidge in #3-88-cv-943, cases consolidated (mk)

Dec. 1, 1988

Dec. 1, 1988

PACER
125

INTERVENOR'S COMPLAINT by pltfs - Class Action (mk) (Entered: 01/09/1992)

Feb. 8, 1989

Feb. 8, 1989

PACER
162

ANSWER by defendant Sheriff, Davidson, defendant Fate Thomas to intervenor's complaint [125-1] (mk) (Entered: 01/09/1992)

April 10, 1989

April 10, 1989

PACER

REMARK: per order entered by Judge Higgins in #3-88-cv-78, cases consolidated (mk)

Sept. 29, 1989

Sept. 29, 1989

PACER

REMARK: per order entered by Judge Higgins in #3:89-cv-546, cases consolidated (mk)

March 8, 1990

March 8, 1990

PACER

REMARK: per order entered by Judge Higgins in #3:90-cv-51, cases consolidated (mk)

April 3, 1990

April 3, 1990

PACER

REMARK: per order entered by Judge Higgins in #3:90-cv-852, cases consolidated (mk)

April 9, 1991

April 9, 1991

PACER
254

ORDER by Judge Thomas A. Higgins ; status conf set for 10/7/91 at 9:00 a.m. Clerk directed to file attached copy of letter to Sheriff Hillin fmom Allen F. Breed. Copy of order to Mr. Breed (cc: all counsel) (mg) (Entered: 09/13/1991)

Sept. 13, 1991

Sept. 13, 1991

PACER
255

ORDER by Judge Thomas A. Higgins: Clerk directed to file letter from Allen F. Breed, Special Master to Hank Hillin, Sheriff (cc: all counsel) (mg) (Entered: 10/08/1991)

Oct. 7, 1991

Oct. 7, 1991

PACER
256

LETTER from Special Master Allen F. Breed to Sheriff Hank Hillin dated 8/15/91 (mg) (Entered: 10/08/1991)

Oct. 7, 1991

Oct. 7, 1991

PACER
257

CLERK'S RESUME ; Status conf held 10/7/91 at 9:00 a.m. Estimation of compliance and matters removed from supervison of Court is April 1993 C/R : Jim Spence (mg) (Entered: 10/08/1991)

Oct. 7, 1991

Oct. 7, 1991

PACER
258

ORDER by Judge Thomas A. Higgins Court is in receipt of a ltr dtd 10/23/91, fm Gregory L. Usery, an inmate at the CJC. Clerk is directed to file the ltr as part of the record in this action and furnish Mr. Ursery w/copy of this order. Clerk furter directed to furnish cpy of this order and ltr to Susan Kay, attny for pltf class in Armstrong litigation, and all attnys of rec, as well as Allen Breed, Special Master in Armstrong litigation. (cc: all counsel) (lh) (Entered: 10/30/1991)

Oct. 29, 1991

Oct. 29, 1991

PACER
259

LETTER fm Gregory L. Usery, inmate at CJC re: jail conditions for mentally ill inmates (lh) (Entered: 10/30/1991)

Oct. 29, 1991

Oct. 29, 1991

PACER
260

AGREED ORDER for payment of plas' attys fees and costs by Judge Thomas A. Higgins Metro dfts shall pay to plas' counsel $53,936.37; State dfts shall pay $35,149.22 for same (cc: all counsel) (mg) (Entered: 11/05/1991)

Nov. 4, 1991

Nov. 4, 1991

PACER
261

ORDER by Judge Thomas A. Higgins Clerk directed to file the Progress Report attached as part of the record in this action and furnish cys to the attys of rec Objs shall be filed w/in 10 days of receipt of the report W/in 7 days of receipt of the report, the Metro Gov shall furnish a cy of the report and this order to the Mayor, Vice Mayor and members of the Metro Council W/in the same time, the Dir of Law shall furnish a cdy of the report and this order to the Judges of CR, Cir and Gen Ses Cts ofDavidson Cty, TN and the Distric AG and Public Def (cc: all counsel) (mg) (Entered: 11/22/1991)

Nov. 21, 1991

Nov. 21, 1991

PACER
262

SPECIAL MASTER'S PROGRESS REPORT filed per order of Judge Higgins 11/22/91 (mg) (Entered: 11/22/1991)

Nov. 22, 1991

Nov. 22, 1991

PACER
263

ORDER by Judge Thomas A. Higgins Clk directed to file attached letter from Gregory L. Ursery, an inmate at CR Justice Ctr Cy of the letter and this order sent to Susan Kay and all attys of rec, as well as to Mr. Allen Breed, Spec Master in the Armstrong litigaton (cc: all counsel) (mg) (Entered: 12/02/1991)

Nov. 27, 1991

Nov. 27, 1991

PACER
264

LETTER from Gregory L. Ursery, an inmate at the CR Justice Ctr Cy of letter sent to Susan Kay, Allen Breed and all attys of rec in the Armstorng case (mg) (Entered: 12/02/1991)

Dec. 2, 1991

Dec. 2, 1991

PACER
265

ORDER by Judge Thomas A. Higgins No objs having been filed within the time required by the order entered 11/22/91, the Progress Report of the Special Master (filed 11/22/91, Docket entry #262) is adopted and approved (cc: all counsel) (mg) (Entered: 12/13/1991)

Dec. 13, 1991

Dec. 13, 1991

PACER

REMARK: per order entered by Magistrate Sandidge in 3:91-0185, cases consolidated (mk)

Jan. 9, 1992

Jan. 9, 1992

PACER
266

MOTION by third-party plaintiff Metropolitan Govt and Metropolitan Sheriff's Dept to modify remedial plan regarding inmate housing and classification (mg) (Entered: 02/06/1992)

Feb. 3, 1992

Feb. 3, 1992

PACER
267

MOTION by third-party plaintiff Metropolitan Govt and Metropolitan Sheriff's Dept to modify remedial plan by increasing population limits at the DUI Center . STRICKEN PER ORDER OF 5/11/92 IN DALTON ROBERS CASE 3:89-0893. (mg) Modified on 05/12/1992 (Entered: 02/06/1992)

Feb. 3, 1992

Feb. 3, 1992

PACER
268

AFFIDAVIT of Linzie Jones re [267-1] (mg) (Entered: 02/06/1992)

Feb. 3, 1992

Feb. 3, 1992

PACER
269

AFFIDAVIT of Steve Tarpley re [267-1] (mg) (Entered: 02/06/1992)

Feb. 3, 1992

Feb. 3, 1992

PACER
270

TRANSCRIPT OF PROCEEDINGS - STATUS CONF held before Judge Higgins on 10/7/91 filed (mg) (Entered: 02/14/1992)

Feb. 13, 1992

Feb. 13, 1992

PACER
271

ORDER by Judge Thomas A. Higgins Clerk directed to file a ltr from Jessie Holliday and Howard Wallace, and to send cys of these letters to Allen Breed, Special Master Cy of this order sent to Holliday and Wallace (cc: all counsel) (mg) (Entered: 03/25/1992)

March 24, 1992

March 24, 1992

PACER
272

LETTER from Howard O. Wallace inmate at the Criminal Justice Center (mg) (Entered: 03/25/1992)

March 24, 1992

March 24, 1992

PACER
273

LETTER from Jesse Holliday inmate at the Criminal Justice Center (mg) (Entered: 03/25/1992)

March 24, 1992

March 24, 1992

PACER

REMARK: Cy of letters from Jesse Holliday and Howard Wallace filed 3/24/92 sent to Allen F. Breed, Special Master (mg)

April 7, 1992

April 7, 1992

PACER
274

LETTER from Allen . Breed requesting cys of letters from Jesse Holliday and Howard Wallace filed 3/24/92 (mg) (Entered: 04/07/1992)

April 7, 1992

April 7, 1992

PACER

MAIL sent to Howard O. Wallace Returned [271-1] (mg)

April 7, 1992

April 7, 1992

PACER
275

NOTICE of Filing: Exhibits A-D by defendant Sheriff, Davidson (mg) (Entered: 04/09/1992)

April 7, 1992

April 7, 1992

PACER
276

ORDER by Judge Thomas A. Higgins granting motion to modify remedial plan regarding inmate housing and classification [266-1] subject to the following additional conditions: (cc: all counsel) (mg) (Entered: 05/26/1992)

May 26, 1992

May 26, 1992

PACER
277

ORDER by Judge Thomas A. Higgins ; status conf set at 1:00 p.m. 6/5/92 (cc: all counsel) (mg) (Entered: 05/27/1992)

May 26, 1992

May 26, 1992

PACER
278

CLERK'S RESUME Status conf held on 1:30 6/5/92 . Question of plan (when there will be one) to resolve population issue. High bails need to be addressed, housing of mentall ill, more arrests/booking, pretrial release, <"Open Court Bond">, smoke evacuation process, and special master to be talked to about criminal courts addressing problem of mutual detention. Ms. Kay & Mr. Charles to consult & then w/in 10 days-2 weeks notify court when to close this case. Submit joint proposal due 6/19/92 to courtroom deputy. C/R : Jim Spence (ks) (Entered: 06/11/1992)

June 5, 1992

June 5, 1992

PACER
279

TRANSCRIPT of proceedings - Status Conf before Judge Higgins 6/5/92 filed (mg) (Entered: 06/18/1992)

June 16, 1992

June 16, 1992

PACER
282

STIPULATION: The defendants submit that on 9/1/92, they will be in compliance with the remedial plan. On 10/1/92, the defendants will submit their proposed long range plan for controlling jail population to the plas for review. A joint plan, or separate plans if the plas and dfts cannot agree upon a plan, will be submitted to the Court on 12/1/92. Until the parties have prepared a proposed long range plan for controlling jail population, they cannot agree at this time on the date that this case will end. (dm) (Entered: 06/25/1992)

June 19, 1992

June 19, 1992

PACER
280

ORDER: Clerk directed to file the Special Master's second progress report and to send cys to the attorneys of record Objs due w/in 10 days from date EOD by Judge Thomas A. Higgins (cc: all counsel) EOD 6/24/92 (mg) (Entered: 06/24/1992)

June 24, 1992

June 24, 1992

PACER
281

SECOND PROGRESS REPORT concerning dfts' compliance with the The Remedial Plan by special master Allen Breed (mg) (Entered: 06/24/1992)

June 24, 1992

June 24, 1992

PACER
283

RESPONSE by third-party plaintiff Metro Govt Nashville to Special Master's Second Progress Report on compliance with the Remedial Plan [281-1] (mg) (Entered: 07/09/1992)

July 8, 1992

July 8, 1992

PACER
284

MOTION by plaintiff to extend time to respond to objs filed by dfts to this motion (mg) (Entered: 11/02/1992)

Oct. 30, 1992

Oct. 30, 1992

PACER
285

ORDER by Judge Thomas A. Higgins granting motion to extend [284-1] up to 11/9/92 (cc: all counsel) EOD 11/3/92 (mg) (Entered: 11/03/1992)

Nov. 3, 1992

Nov. 3, 1992

PACER
286

ORDER by Judge Thomas A. Higgins Application for atty fees hearing: set at 1:30 12/3/92 (cc: all counsel) EOD 11/4/92 (mg) (Entered: 11/04/1992)

Nov. 4, 1992

Nov. 4, 1992

PACER
287

MOTION by third-party plaintiff Metro Govt Nashville, defendant Davidson County for leave to cancel hrg on attorney fees with attached copy of AO received 10/31/91. (dm) (Entered: 11/20/1992)

Nov. 18, 1992

Nov. 18, 1992

PACER
288

MOTION by plaintiff to extend time up to and including 12/21/92 to file an agreed long range plan or an alternative plan to that provided by defendants (dm) (Entered: 12/03/1992)

Dec. 1, 1992

Dec. 1, 1992

PACER
290

CLERK'S RESUME Evidentiary hrg held at 1:30 on 12/3/92 C/R : Jim Spence. Parties to draft order regarding atty fees for Knox County/Carver. (dm) (Entered: 12/10/1992)

Dec. 3, 1992

Dec. 3, 1992

PACER
289

ORDER by Judge Thomas A. Higgins granting plaintiff's motion to extend time up to and including 12/21/92 to file an agreed long range plan or an alternative plan to that provided by defendants [288-1] (cc: all counsel) (EOD 12/4/92) (dm) (Entered: 12/04/1992)

Dec. 4, 1992

Dec. 4, 1992

PACER

MAIL Returned [289-1] in 3:87-cv-00262 addressed to plaintiff Burney R. Davidson in 3:87-cv-00262. Sent to new address at MTRC on 12/14/92 (dm)

Dec. 10, 1992

Dec. 10, 1992

PACER
291

MOTION by defendants The Metropolitan Government of Nashville and Davidson County to extend time to file long range plan for controlling jail population of an additional 3 weeks (dm) (Entered: 01/05/1993)

Dec. 29, 1992

Dec. 29, 1992

PACER
292

ORDER by Judge Thomas A. Higgins granting motion to extend time to file long range plan for controlling jail population of an additional 3 weeks [291-1] through 2/1/93. (cc: all counsel) (EOD 1/7/93) (dm) (Entered: 01/07/1993)

Jan. 7, 1993

Jan. 7, 1993

PACER
293

ORDER by Judge Thomas A. Higgins:The Armstrong case is herewith removed from the process under the Roberts case, and the order regarding population capacity limits (entered 7/15/90, #89) established in this (Roberts) process, as subsequently amended, shall be deemed to be incorporated in and constitute an order in the Armstrong case. Consultant for Local Corrections is discharged with respect to the Armstrong case (original order docketed in 3:89-0893, docket entry #165)) (cc: all counsel) EOD 1/19/93 (mg) (Entered: 01/19/1993)

Jan. 19, 1993

Jan. 19, 1993

PACER
294

ORDER by Judge Thomas A. Higgins: Clerk is DIRECTED to file the Special Master's third progress report concerning defendants' compliance with the remedial plan and to furnish copies to the attorneys of record. Clerk shall furnish a copy of this Order to the Special Master. Any objs to the report shall be filed within 10 days of the receipt of this order and report. (cc: all counsel, Special Master, Mike Laughlin) (EOD 1/20/93) (dm) (Entered: 01/20/1993)

Jan. 20, 1993

Jan. 20, 1993

PACER
295

NOTICE of Filing Third Progress Report concerning defendants' compliance with the Remedial Plan by special master Allen Breed in 3:87-cv-00262 (dm) (Entered: 01/20/1993)

Jan. 20, 1993

Jan. 20, 1993

PACER
296

NOTICE of filing Metropolitan Government's long range plan to manage its jail population submitted by James L. Charles, Metro Law (dm) (Entered: 02/03/1993)

Feb. 1, 1993

Feb. 1, 1993

PACER
297

RESPONSE by plaintiff to Metro Government's long range plan to manage it jail population [296-1] (dm) (Entered: 02/03/1993)

Feb. 1, 1993

Feb. 1, 1993

PACER
298

MOTION by Arthur J. Clemens, Jr. for leave to enter an appearance in this case, to exempt himself from the class described in the Armstrong decision, for the U. S. Court to review his case and court file and modify its remedial pla; and for contempt proceedings against Davidson County as appropriate (dm) (Entered: 03/02/1993)

Feb. 25, 1993

Feb. 25, 1993

PACER
299

ORDER by Judge Thomas A. Higgins adopting Special Master's Third Progress Report Concerning Defendants' Compliance with the Remedial Plan [295-1] (cc: all counsel) (EOD 3/5/93) (dm) (Entered: 03/05/1993)

March 5, 1993

March 5, 1993

PACER
300

ORDER by Judge Thomas A. Higgins re [296-1] in 3:87-cv-00262, re [297-1] in 3:87-cv-00262 Status conference: set for 1:00 on 3/30/93 in 3:87-cv-00262 for the purpose of discussing the Metropolitan Government's proposed long range plan to manage its jail population and the plas' response, and the terms of a final order to be entered in this litigation to bring it to a conclusion (cc: all counsel) (EOD 3/5/93) (dm) (Entered: 03/05/1993)

March 5, 1993

March 5, 1993

PACER
301

ORDER by Judge Thomas A. Higgins re [298-1] in 3:87-cv-00262. Clerk is DIRECTED to furnish a copy of the entry of appearance and motion filed by Mr. Arthur J. Clemens, Jr., to the attorneys of record in this action. The plas and defedants shall respond within 10 days of the date of entry of this order on the docket. (cc: all counsel) (EOD 3/5/93) (dm) (Entered: 03/05/1993)

March 5, 1993

March 5, 1993

PACER

MAIL Returned [301-1] and [300-1] addressed to plaintiff Burney R. Davidson marked "Not at 7466, RTS" (dm)

March 18, 1993

March 18, 1993

PACER
302

MOTION by plaintiffs to extend time up to and including 3/30/93, within which to respond to the Court's order of March 5, 1993 (dm) (Entered: 03/30/1993)

March 30, 1993

March 30, 1993

PACER
303

RESPONSE by plaintiffs to appearance filed by Arthur Clemens, Jr. (Attachments) (dm) (Entered: 03/30/1993)

March 30, 1993

March 30, 1993

PACER
304

MOTION by defendant, The Metropolitan Government of Nashville and Davidson County to amend population limits for the Criminal Justice Center (dm) (Entered: 03/30/1993)

March 30, 1993

March 30, 1993

PACER
305

AFFIDAVIT of James L. Charles re [304-1] (dm) (Entered: 03/30/1993)

March 30, 1993

March 30, 1993

PACER
306

RESPONSE by defendant The Metropolitan Government of Nashville and Davidson County, TN, (to motion to intervene) Arthur J. Clemens' motion for leave to enter an appearance in this case, to exempt himself from the class described in the Armstrong decision, for the U. S. Court to review his case and court file and modify its remedial pla; and for contempt proceedings against Davidson County as appropriate [298-1] with attachments. (dm) (Entered: 03/30/1993)

March 30, 1993

March 30, 1993

PACER
309

CLERK'S RESUME Status conf held at 1:00 on 3/30/93 C/R : Jim Spence. Attorneys are to draw brief memo regarding Arthur Clemens. Court denies request to "obt" out. Gov. and Commissioner are out. Attorneys to meet and propose FFCL by 6/1/93; Mr. Breed's find due 6/18/93; may close adm final by proposing discharging master on 12/1/93, at 2:00 p.m. (dm) (Entered: 04/05/1993)

March 30, 1993

March 30, 1993

PACER
307

ORDER by Judge Thomas A. Higgins granting pla's motion to extend time up to and including 3/30/93, within which to respond to the Court's order of March 5, 1993 [302-1] (cc: all counsel) (EOD 4/1/93) (dm) (Entered: 04/01/1993)

April 1, 1993

April 1, 1993

PACER

REMARK: Per TDOC, Burney Davidson, #00094704, is now at Southcentral Correction Facility and Charles Shoemake, #00157007, at West Tennessee High Security Facility (dm)

April 1, 1993

April 1, 1993

PACER
308

ORDER by Judge Thomas A. Higgins granting motion to amend population limits for the Criminal Justice Center from 672 inmates to 688 inmates; Metropolitan Government, will make the shower facilites in cell block, "3E" accessible to handicapped inmates [304-1] (cc: all counsel) (EOD 4/5/93) (dm) (Entered: 04/05/1993)

April 5, 1993

April 5, 1993

PACER

PROPOSED Order of dismissal of third-party complaint (pb)

April 5, 1993

April 5, 1993

PACER
310

ORDER by Judge Thomas A. Higgins ORDERED that the third party claim in this case shall be, and is hereby, DISMISSED with prejudice; dismissing (3rd party defts) parties Ned McWherter in 3:87-cv-00262, Stephen H. Norris in 3:87-cv-00262, Ronald Bishop in 3:87-cv-00262, Linda Miller in 3:87-cv-00262, Stephanie Chivers in 3:87-cv-00262, Donna Blackburn in 3:87-cv-00262, Ed Hoover in 3:87-cv-00262, Gretchen Faulstitch in 3:87-cv-00262 (cc: all counsel) (EOD 4/7/93) (dm) (Entered: 04/07/1993)

April 7, 1993

April 7, 1993

PACER
311

TRANSCRIPT filed of proceedings of Status Conference on 6/5/93. (Copy given to: Ms. Kay, Mr. Charles, and Mr. Breed) (dm) (Entered: 04/12/1993)

April 12, 1993

April 12, 1993

PACER
312

ORDER by Judge Thomas A. Higgins: Clerk is DIRECTED to file the attached transcript of proceedings in this litigation that took place on 6/5/93. The Clerk shall furnish a copy of this order and the transcript to Ms. Kay, attorney for the pla class, Mr. Charles, one of the attorneys of record for the defendants, and Mr. Breed, the Special Master. Within 7 days of the date of entry of this order on the docket, the Director of Law (also an attorney of record in this action) of The Metropolitan Government of Nashville and Davidson County, shall personally serve a copy of this order and transcript on: 1. The Mayor of The Metropolitan Government of Nashville and Davidson County, 2. All judges of courts of recrod in Davidson County, TN, 3. All judges of the General Sessions Court of Davidson County, TN, 4. The District Attorney General of Davidson County, TN, 5. The Public Defender for Davidson County, TN, 6. The Sheriff of Davidson County, TN, and 7. The Chief of Police of the Metropolitan Government of Nashville and Davidson County. Within 10 days of the date of entry of this order on the docket, the Director of Law shall file a notice of compliance with this order. (cc: all counse, Ms. Kay, Mr. Charles, and Mr. Breed) (EOD 4/12/93) (dm) (Entered: 04/12/1993)

April 12, 1993

April 12, 1993

PACER
313

ORDER by Judge Thomas A. Higgins: As determined at the status conference in this litigation on 3/30/93, the parties shall submit their joint proposed findings of fact and conclusions of law to the Special Master by the close of business on Tuesday, 6/1/93, with respect to bringing this litigation to an end and what injunctive relief, if any, should be included in the final order regarding population capacities in the various Metropolitan Government jail facilities. The Special Master shall submit his report and recommendation to the Court by the close of business on Tuesday, June 18, 1993 . Thereafter, the parties may file their objections, if any, to the Special Master's R&R, and have a hearing before the Special Master, as provided in the process established in this litigation. In the alternative, the parties may waive the filing of objections before the Special Master, and file any objs for the Court's consideration. All remaining corrective work related to retrofitting cell doors, the ventilation system and emergency power system shall be completed by 11/1/93. The Special Master is directed to make a final inspection of all the jail facilities after 11/1/93, for compliance with the remedial ordrs issued in this litigation. The Special Master shall submit his final R/R to the Court in advance of the final hearing in this litigation which shall take place on Wednesday, 12/1/93, at 2:00 p.m. The Clerk is DIRECTED, as is the usual course, to send a copy of this ordcer to the attorneys of record and the Special Master, Mr. Breed. Within 7 days of the date of entry of this order on the docket, the Director of Law (also an attorney of record in this action) of the Metropolitan Government of Nashville and Davidson County, shall personally serve a copy of this order on: 1. The Mayor of The Metropolitan Government of Nashville and Davidson County, 2. All judges of Courts of record in Davidson County, TN, 3. All judges of the General Sessions Court of Davidson County, TN, 4. The District Attorney General of Davidson County, TN, 5. The Public Defender for Davidson County, TN, 6. The Sheriff of Davidson County, TN, 7. The Chief of Police of the Metropolitan Government of Nashville and Davidson County. Within 10 days of the date of entry of this order on the docket, the Director of Law shall file a notice of compliance with this order. (cc: all counsel) (EOD 4/12/93) (dm) (Entered: 04/12/1993)

April 12, 1993

April 12, 1993

PACER

PROPOSED Order denying Arthur J. Clemons' motion to intervene in this cause (dm)

April 14, 1993

April 14, 1993

PACER
314

MOTION by defendant, The Metropolitan Government of Nashville and Davidson County to extend time allotted for compliance with the Orders issued 4/12/93, or to amend the provisions of said Orders (mk) (Entered: 04/22/1993)

April 19, 1993

April 19, 1993

PACER
315

AFFIDAVIT of Patricia J. Cottrell regarding motion for ext of time [314-1] (mk) (Entered: 04/22/1993)

April 19, 1993

April 19, 1993

PACER
318

NOTICE by Metro Govt Nashville and Davidson County of Service of Court Orders [312 and 313] and Transcript of Proceedings that took place in this litigation on 6/5/92, 311 to: The Mayor of the Metropolitan Government of Nashville, and Davidson County, all judges of courts of record in Davidson County, TN, all judges of the General Sessions Court of Davidson County, TN, the District Attorney General of Davidson County, TN, the Public Defender for Davidson County, TN, the Sheriff of Davidson County, TN, and the Chief of Police of the Metropolitan Government of Nashville and Davidson County. (dm) Modified on 04/30/1993 (Entered: 04/30/1993)

April 22, 1993

April 22, 1993

PACER
316

ORDER by Judge Thomas A. Higgins denying Arthur J. Clemens, Jr's., motion for leave to enter an appearance in this case, to exempt himself from the class described in the Armstrong decision, for the U. S. Court to review his case and court file and modify its remedial pla; and for contempt proceedings against Davidson County as appropriate [298-1] (cc: all counsel) (EOD 4/27/93) (dm) (Entered: 04/27/1993)

April 27, 1993

April 27, 1993

PACER
317

ORDER by Judge Thomas A. Higgins granting motion to extend time allotted for compliance with the Orders issued 4/12/93, or to amend the provisions of said Orders [314-1] The attention of counsel is directed to the dismissal of the third party actions. No further pleadings should be filed under the above caption. See captions on Court's orders. (cc: all counsel) (EOD 4/27/93) (dm) (Entered: 04/27/1993)

April 27, 1993

April 27, 1993

PACER
319

TRANSCRIPT filed of Status Conference before Judge Higgins on 3/30/93 (Pages 1-52 by Jim Spence) (dm) (Entered: 05/28/1993)

May 27, 1993

May 27, 1993

PACER
320

ORDER by Judge Thomas A. Higgins: Pursuant to Order [313-1] [313-2] dated 4/12/93, the Court is in receipt of the Special Master's R&R. The Clerk is directed to file the report as part of the record in this action and furnish copies to the attorneys of record. The Clerk shall furnish a copy of this order to the Special Master. Any obs to the report shall be filed w/i 10 days of the receipt of this order and the report. (EOD 6/17/93) (cc: all counsel) (dm) (Entered: 06/17/1993)

June 17, 1993

June 17, 1993

PACER
321

REPORT OF SPECIAL MASTER regarding Proposed Findins of Fact and Recommendations as Required by Court Order #313 of April 12, 1993 (Pages 1 thru 23 with attached Exhibits A and B) (dm) (Entered: 06/17/1993)

June 17, 1993

June 17, 1993

PACER
322

ORDER by Judge Thomas A. Higgins: It appears to the Court that no useful purpose is served by continuing to carry the additional listed cases as active cases on the Court's docket; accordingly, the clerk is DIRECTED to close the following cases administratively: David Steelman, et al. vs. Steven Norris, et al., 3:87:-0577, Henry Washington Bennett vs. Davidson County Jails, et al., 3:87-0581, David N. Steelman, III, et al. vs. Fate Thomas, et al., 3:87-0832, James E. Lyons vs. Fate Thomas, et al., 3:88-0035, Jerry Erving Buckner vs. Fate Thomas, et al., 3:88-0078, David R. Kohler vs. Fate Thomas, et al., 3:88-0253, John H. Snider vs. Fate Thomas, et al., 3:88-370, Fred D. Huffman vs. Fate Thomas, Sheriff, 3:88-0943, Burney R. Davidson vs. Davidson County Sheriff Dept., 3:89-0546, John Joseph Gobbi vs. Davidson County Sheriff's Dept., 3:90-0051, Wayne H. Barrett vs. Davidson County Sheriff's Dept. et al., 3:90-0852, and Charles A. Shoemake vs. Davidson County Sheriff's Dept., et al., 3:91-0185. Clerk is directed to place a copy of this order in the file for each of the above cases. At such time as a final judgment is entered in the lead cases, the judgment shall incorporate the cases closed by this order.(cc: all counsel) (EOD 6/22/93) (dm) Modified on 06/25/1993 (Entered: 06/22/1993)

June 22, 1993

June 22, 1993

PACER

Case Details

State / Territory: Tennessee

Case Type(s):

Jail Conditions

Key Dates

Filing Date: March 31, 1987

Closing Date: 2002

Case Ongoing: No

Plaintiffs

Plaintiff Description:

inmates and pretrial detainees being held at the jails in Davidson County

Public Interest Lawyer: Yes

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Tennessee Department of Corrections (Davidson), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Litigation

Form of Settlement:

Confession of Judgment

Court Approved Settlement or Consent Decree

Order Duration: 1991 - 2002

Issues

General:

Access to lawyers or judicial system

Classification / placement

Fire safety

Food service / nutrition / hydration

Recreation / Exercise

Religious programs / policies

Sanitation / living conditions

Staff (number, training, qualifications, wages)

Jails, Prisons, Detention Centers, and Other Institutions:

Crowding / caseload

Pre-PLRA Population Cap

Assault/abuse by staff (facilities)

Assault/abuse by non-staff (facilities)

Type of Facility:

Government-run