Case: Little v. Shelby County

Little v. Dowd

COMPLAINT: 42:1983 Violation of Civil Rights (Former Emp) (Entered: 05/15/1996)

MOTION/APPLICATION by plaintiff Darius D. Little to proceed in forma pauperis (Former Emp) (Entered: 05/15/1996)

ATTORNEY APPEARANCE for plaintiff Darius D. Little by attys Frank J. Glankler Jr. and Robert L. Hutton (Former Emp) (Entered: 06/27/1996)

AMENDED COMPLAINT [1-1] by plaintiff Darius D. Little terminating defendant Miller, defendant Harris, defendant A. Williams, defendant C. Little; adding Shelby County, TN, A. C. Gilless, Jim Rout; jury demand (TMN) (Entered: 07/02/1996)

RETURN OF SERVICE executed upon defendant Denis Dowd on 7/2/96 (EHG) (Entered: 07/09/1996)

RETURN OF SERVICE executed upon defendant Jim Rout on 7/2/96 (EHG) (Entered: 07/09/1996)

RETURN OF SERVICE executed upon defendant Shelby County, TN on 7/2/96 (EHG) (Entered: 07/09/1996)

RETURN OF SERVICE executed upon defendant A. C. Gilless on 7/2/96 (EHG) (Entered: 07/09/1996)

MOTION AND MEMORANDUM by defendant Denis Dowd, defendant Shelby County, TN, defendant A. C. Gilless, defendant Jim Rout to extend time to answer to and including 8/16/96 (Former Emp) (Entered: 07/08/1996)

ORDER by Chief Judge Julia S. Gibbons granting the motion of dfts Shelby County, Tennessee, Sheriff A.C. Gilless, Denis Dowd and Mayor Jim Rout to extend time to answer to and including 8/16/96 [5-1] (cc: all counsel) (Former Emp) (Entered: 07/17/1996)

NOTICE/RULE 26 INTIIAL DISCLOSURES by plaintiff Darius D. Little (SSH) (Entered: 07/22/1996)

NOTICE/REPORT OF RULE 26(f) MEETING OF THE PARTIES by defendant Denis Dowd, defendant Shelby County, TN, defendant A. C. Gilless, defendant Jim Rout (Former Emp) (Entered: 08/08/1996)

ANSWER by defendant Denis Dowd, defendant Shelby County, TN, defendant A. C. Gilless, defendant Jim Rout to amended complaint for money damages and injunctive relief [4-1] due to gang related rape (Former Emp) (Entered: 08/20/1996)

SETTING LETTER: scheduling conference set for 9/25/96 at 9:30 (Former Emp) (Entered: 09/03/1996)

CONSENT ORDER STIPULATING LIABILITY FOR INJUNCTIVE RELIEF PURPOSES ONLY; AND ESTABLISHING PROCEDURE FOR REMEDY by Judge Jerome Turner (cc: all counsel) (Former Emp) (Entered: 09/12/1996)

MAIL Returned [15-1] addressed to plaintiff Darius D. Little. "Return to sender, rele" on envelope. CHCM. (Former Emp)

MINUTES: Scheduling conference held 9/25/96 ; Judge Turner presiding; Court and counsel discussed other pending related cases: Hill v. Shelby Co. 96-2622-D, Banks v. Shelby Co. 96-28740-Ml; Richard Fields (atty for both plas) was also present; Mr. Fields objects to consolidation of cases; Oral argument on consolidation of cases to be held; Consent Order of Partial Dismissal filed; Status conference set 9:30 1/17/96 ; Pla(s) atty: R. Hutton; Dft(s) atty: B. Kuhn; C/R: D. Honeycutt; C/D: J. Lee. (Former Emp) (Entered: 09/26/1996)

CONSENT ORDER PARTIALLY DISMISSING CASE, DUE TO SETTLEMENT OF DAMAGES CLAIMS by Judge Jerome Turner. It is ordered that pla's claims for monetary damages are hereby dismissed with prejudice. It is further ordered that pla shall be allowed to proceed in this cause of action, for injunctive relief against all dfts. Nothing in this order shall prevent pla's counsel from petitioning for reasonable atty's fees and costs, in the event pla is successful in obtaining injunctive relief. (cc: all counsel) (Former Emp) (Entered: 09/26/1996)

SETTING LETTER: in court hearing/oral argument regarding consolidation of cases (96-2520, 96-2622, 96-2874) set for 10/22/96 at 9:30 (Former Emp) (Entered: 10/10/1996)

SETTING LETTER: status conference set for 1/17/97 at 9:30 (Former Emp) (Entered: 10/22/1996)

MAIL Returned [17-1] addressed to plaintiff Darius D. Little. "Returned to sender, rel" on envelope. CHCM. (Former Emp)

MINUTES: In-court hearing/oral argument on consolidation held 10/22/96 ; Judge Turner presiding; Counsel advised Court that each of the cases (96-2520-TU, 96-2622-D, 96-2874-Ml) are factually unique, opposed to consolidation of all cases; Mr. Fields may consent to consolidation of Hill and Banks cases, dfts will not consent; After hearing arguments of counsel, Court will confer with other judges; Will decide consolidation issue within a week; Pla(s) atty: R. Hutton, R. Fields; Dft(s) atty: B. Kuhn; C/R: S. Phillips; C/D: J. Lee. (Former Emp) (Entered: 10/25/1996)

PROPOSED PLAN FOR REMEDY OF CONSTITUTIONAL EIGHT AMENDMENT VIOLATIONS submitted by plaintiff Darius D. Little (Former Emp) (Entered: 12/13/1996)

APPENDIX (w/Exhibits A - F attached) filed by plaintiff Darius D. Little to pla's proposed plan for remedy of constitutional 8th amendment violations [21-1]. (Document placed in separate folder.) (Former Emp) Modified on 12/13/1996 (Entered: 12/13/1996)

PROPOSED Plan for Remedy of Constitutional Eighth Amendment Violations (w/Exhibits A - D attached) submitted by defendant Denis Dowd, defendant Shelby County, TN, defendant A. C. Gilless, defendant Jim Rout (Former Emp) (Entered: 01/17/1997)

MINUTES: Status conference held 1/17/97 ; Judge Turner presiding; Dfts have filed a proposed plan; Mr. Kuhn advised Court that suggested remedies can be/will be implemented within 18 months or ASAP; Counsel request a hearing with expert testimony, Court to make a determination on least intrusive measures, in-court hearing set 9:30 4/1/97 ; Discovery cut off one week prior to hearing; Mr. Kuhn stated County has passed resolution to employ a Consultant for construction of new jail facility (may be completed within 2 1/2 years); Mr. Kuhn directed to file Consultant's report when prepared; Mr. Hutton to file response to County's plan; Pla(s) atty: R. Hutton; Dft(s) atty: B. Kuhn; C/R: Kathy Hastings; C/D: J. Lee. (Former Emp) (Entered: 01/21/1997)

APPLICATION FOR WRIT OF HABEAS CORPUS AD TESTIFICANDUM by plaintiff Darius D. Little; to have pla Darius Deshun Little appear before Judge Turner at 9:00 4/1/97 (Former Emp) (Entered: 02/24/1997)

ORDER by Judge Jerome Turner regarding [25-1]. It is ordered that the Clerk of Court issue a writ of habeas corpus ad testificandum to the Warden, NWCF, Tiptonville, TN, to have Darius Deshun Little before Judge Turner at 9:30 4/1/97 (cc: all counsel) (Former Emp) (Entered: 02/24/1997)

WRIT issued to U.S. Marshal, WDTN and/or Warden, Northwest Correctional Facility, Tiptonville, to have Darius Deshun Little taken before Judge Turner at 9:30 4/1/97 (Former Emp)

SETTING LETTER: in court hearing set for 4/1/97 at 9:30 (Former Emp) (Entered: 03/03/1997)

MAIL Returned [26-1] addressed to plaintiff Darius D. Little. "Return to sender, out of jail, NIJ" on envelope. CHCM. (Former Emp)

ORDER DIRECTING CLERK TO ISSUE WRIT OF HABEAS CORPUS by Judge Jerome Turner for writ to be issued for Darius Deshun Little to appear before Judge Turner on 4/30/97 at 9:30 a.m. (cc: all counsel) (SSH) (Entered: 03/13/1997)

WRIT issued for Darius Deshun Little #250994 to appear before Judge Turner 4/30/97 at 9:30 a.m. (SSH)

RETURN OF SERVICE of WHCAT for Darius Little to be brought before Judge Turner 4/1/97 at 9:30 a.m. (SSH) (Entered: 03/24/1997)

SETTING LETTER: in court hearing reset for 4/30/97 at 9:30 (SSH) (Entered: 03/27/1997)

SETTING LETTER : in court hearing on consent order designating court appointed experts set for 4/8/97 at 4:30 (SSH) (Entered: 03/28/1997)

RETURN OF SERVICE of WHCAT for Darius Little to be brought in for hearing on 4/1/97 at 9:30 (SSH) (Entered: 03/28/1997)

MAIL Returned: order direciting clerk to issue writ [28-1] addressed to plaintiff Darius D. Little; system updated this date (SSH)

MINUTES: In-court hearing held 4/8/97; Court and counsel discussed proposed consent order on court appointed experts (3) & method of payment; Mr. Hutton advised only one expert will require fee payment (Charles Fisher). Other 2 experts are county employees; Mr. Kuhn advised the court that the county will pay fee after expert designation by court; counsel will meet next week to draft orders reflecting each party's position; some discussion on class certification in Judge McCalla's case; county will object to class cert. (SSH) Modified on 04/14/1997 (Entered: 04/14/1997)

CONSENT ORDER DESIGNATING CHARLES GLOVER FISHER, RAY NELSON AND WILLIAM C. GARNOS AS COURT APPOINTED EXPERTS by Judge Jerome Turner: That William C. Garnos, Ray Nelson and Charles Glover Fisher are hereby designated as court appointed experts...and shall be compensated as allowed by 28:1920(6). (cc: all counsel) (SSH) (Entered: 04/09/1997)

ORDER OF CONTINUANCE AND QUASHING WRIT by Judge Jerome Turner evidentiary hearing set for 4/30/97 is continued: evidentiary hearing set 9:30 5/13/97, quashing writ of habeas courpus ad testificandum for Darius Little on 4/30/97 (cc: all counsel) (SSH) (Entered: 04/25/1997)

ORDER DIRECTING CLERK TO ISSUE WRIT OF HABEAS CORPUS by Judge Jerome Turner for issuance of writ of habeas corpus ad testificandum for Darius Little on 5/13/97 at 9:30 a.m. (cc: all counsel) (SSH) (Entered: 04/25/1997)

SETTING LETTER: evidentiary hearing set for 5/13/97 at 9:30 (SSH) (Entered: 04/28/1997)

WRIT issued 4/24/97 for Darius Little for an evidentiary hearing on 5/13/97 at 9:30 (SSH)

RETURN OF SERVICE of writ for Darius Little for 4/30/97 at 9:30 a.m. (SSH) (Entered: 05/01/1997)

NOTICE OF COMPROMISE PLAN PREPARED BY PLAINTIFF'S AND DEFENDANTS' EXPERT WITNESSES by plaintiff Darius D. Little, defendants Denis Dowd, Shelby County, TN, A. C. Gilless, Jim Rout w/copy of order attached (SSH) (Entered: 05/12/1997)

MINUTES: Evidentiary hearing held 5/14/97 ; Judge Turner presiding; Counsel presented opening statements; Pla presented proof and called witnesses; Dfts' presented proof and called witnesses; In-court hearing/hearing continued to 2:00 5/20/97 ; Pla(s) atty: R. Hutton, J. Pierotti; Dft(s) atty: B. Kuhn, Strother, R. Rolwing; C/R: B. Parker. (Former Emp) (Entered: 05/15/1997)

MINUTES: Continuation of Evidentiary Hearing held 5/20/97; defense continued proof and called the following witness: Denis Dowd; closing arguments presented. Mr. Rolwing presented argument on behalf of Shelby County and City Mayor counsel to submit proposed findings and proposed conclusions, with separate order appointing Special Master (with delineation of responsibilities); pltf to file by 6/11/97; Mr. Rolwing to file by 6/11/97 (on funding provision). Dft to respond by 6/23/97. Submissions to focus on factual differences of parties, Prison Litigation Reform Act and power of the court Pltf atty: Robert Hutton, John Pierotti; Dft Atty: Brian Kuhn, Robert Rolwing; Jermoe Turner presiding judge; Ct rptr: S. Phillips (SSH) Modified on 05/22/1997 (Entered: 05/22/1997)

MINUTES: status conference held 5/29/97; court & counsel discussed standing of pltf to prosecute for injunctive relief; pltf submitted memo with supporting case law Presiding Judge: Jerome Turner; Pla Atty: Robert Hutton, Frank Glankler; Dft Atty: Brian Kuhn; C/R: S. Phillips (SSH) (Entered: 06/06/1997)

MEMORANDUM CONCERNING STANDING OF PLAINTIFF TO PROSECUTE SUIT FOR INJUNCTIVE RELIEF by plaintiff Darius D. Little (SSH) (Entered: 06/06/1997)

TRANSCRIPT of proceedings for the following date(s): 5/20/97 Continuation of Hearing; Court Reporter: S. Phillips (SSH) (Entered: 06/06/1997)

TRANSCRIPT of proceedings for the following date(s): 5/14/97 evidentiary hearing Volume 1 Court Reporter: B. Parker (SSH) (Entered: 06/10/1997)

PROPOSED Findings of Fact and Conclusions of Law in Support of Order Granting Injunctive Relief to Remedy Unconstitutional Conditions in the Shelby County Jail submitted by plaintiff Darius D. Little (SSH) (Entered: 06/13/1997)

PROPOSAL as to Findings of Fact and Conclusions of Law submitted by defendant Shelby County, TN, defendant Jim Rout (SSH) (Entered: 06/13/1997)

RESPONSE by defendant Denis Dowd, defendant Shelby County, TN, defendant A. C. Gilless, defendant Jim Rout to pltf's proposed findings of fact and conclusions of law in support of order granting injunctive relief to remedy unconstitutional conditions in the Shelby County Jail [46-1] (SSH) (Entered: 07/16/1997)

RETURN OF SERVICE of writ for Darius Little for hearing 5/13/97 at 9:30 (SSH) (Entered: 08/29/1997)

MOTION by plaintiff Darius D. Little for attorney fees and expenses (SSH) (Entered: 09/11/1997)

MEMORANDUM by plaintiff Darius D. Little in support of motion for attorney fees and expenses [50-1] (SSH) (Entered: 09/11/1997)

RESPONSE by defendants Denis Dowd, Shelby County, TN, A. C. Gilless, Jim Rout to motion for attorney fees and expenses [50-1] (SSH) (Entered: 09/25/1997)

ORDER FOR PAYMENT OF ATTORNEYS' FEES AND EXPENSES by Judge Jerome Turner granting motion for attorney fees and expenses [50-1]...pursuant to 42 USC 1988 for an award attys' fees and expenses incurred by pla in the following manner: $58,571.25 in attys' fees; and $10,614.09 in costs and expenses to be paid by dfts...payment should be made directly to the law firm of Glankler Brosn, PLLC. (cc: all counsel) (WMW) (Entered: 10/14/1997)

FINDINGS OF FACT AND CONCLUSIONS OF LAW GRANTING INJUNCTIVE RELIEF TO REMEDY UNCONSTITUTIONAL CONDITIONS IN THE SHELBY COUNTY JAIL by Judge Jerome Turner: The court finds that the Order Granting Injunctive Relief to Remedy Unconstitutional Conditions in the Shelby County Jail, is narrowly drawn, extending no further than necessary to correct the violation of the federal right, and is the least instrusive means necessary to correct the violaiton of the federal right. (cc: all counsel) (SSH) (Entered: 11/13/1997)

ORDER GRANTING INJUNCTIVE RELIEF TO REMEDY UNCONSTITUTIONAL CONDITIONS IN SHELBY COUNTY JAIL by Judge Jerome Turner: It is therefore, ordered, adjudged and decreed as follows: within 90 days of the entry of this order, each inmate admitted to the SCJ will be confidentially interviewed by classification staff prior to such inmate's cell assignment to determine if such inmate has known enemies from whom he should be separated...; any inmate who is classified as violent shall never be housed in a cell with more than one other inmate...; a separate cell block officer shall be continuously assigned to each of the cell blocks in which inmates are incarcerated...; cell block officers assigned to housing duties on floors 2, 3, and 4 of the current jail facility will also continuously supervise individual cell blocks in which inmates are incarcerated to assure compatibility...; each cell block officer will insure that inmates are housed compatibly by frequent observation of bahavior of inmates...; in general population cells on the second, third and fourth floors inmates will be permitted to move between their cell and the day room of the cell block during a five mintue period each hour...; continuous direct observation of inmates by cell block officers is required during all out-of-cell activity in lock down and protective custody housing units; a court-appointed Special Master shall be appointed by the court to make regular inspections to verify compliance with the terms of this order; a monthly report will be prepared by the Special Master to report progress on dft's compliance with this order...; the Special Master, along with pltf's and dfts' counsel shall conduct a conference no later than 18 months after entry of this order to determine if this order has been successful in reducing the risk of physical and/or sexual assualt in the SCJ. s (cc: all counsel) (SSH) (Entered: 11/13/1997)

MOTION by plaintiff Darius D. Little for court to appoint Dr. Richard Douglas Morgan as special master by consent of the parties (SSH) (Entered: 01/12/1998)

ORDER APPOINTING DR. RICHARD DOUGLAS MORGAN AS SPECIAL MASTER IN THIS CASE by Judge Jerome Turner: granting motion for court to appoint Dr. Richard Douglas Morgan as special master by consent of the parties [56-1]; within 45 days following entry of this order, Dr. Morgan shall file with the court, and serve copies on counsel for all parties, a detailed report setting forth his plan of action in order to meet the requirements of this court's order dated 11/12/97. (cc: all counsel) (SSH) (Entered: 01/15/1998)

MINUTES: Hearing in Chambers; minutes dated 4/10/98; file stamp date 4/21/98; counsel requests injunctive portions of jail rape cases be transferred to Judge Turner; Order of Consolidation to be entered if Judge McCalla signs agreed order in Banks case; discussion of Special Master: Dr. Morgan suggests Chuck Fisher, Mr. Kuhn objects; paralegal rates discussed: currently requesting $50 per hr; Dr. Morgan will see if she will take $35 per hr; Mr Hutton to file statement proposing names of jail experts in this area-to include resumes and job expectations; Mr. Kuhn may file a response Presiding Judge: Horton ; Pla Atty: Robert Hutton & Richard Fields ; Dft Atty: Brian Kuhn C/R: Cathy Hastings (YDS) (Entered: 04/23/1998)

ORDER APPROVING EMPLOYMENT OF KAREN DYER AND WANDA KILGORE-SCHNEIDER BY SPECIAL MASTER.. by Judge Jerome Turner ...1. Douglas Morgan, Special Master appointed in this cause by order dated 1/15/98, is hereby authorized to employ Karen Dyer as Asst. Special Master to be paid at the rate of $50.00 per hour. 2..Douglas Morgan is authorized to employ Wanda Kilgore-Schneider as paralegal to be paid at the rate of $35.00 per hour. 3..Expenses and compensation for the aforestated people shall be submitted alon wwith Dr. Morgan's fee and expenses requests. (cc: all counsel) (EHG) (Entered: 05/12/1998)

NOTICE OF FILING: PETITION TO CITE DEFENDANTS FOR CONTEMPT OF COURT... by plaintiff Darius D. Little w/attachments (EHG) (Entered: 07/20/1998)

ORDER TO SHOW CAUSE, ORDER SETTING HEARING... by Judge Jerome Turner ...In said Affidavit, the special Master testifies under oath that defendants are violating paragraphs 1, 4, and 5 of the "Order Granting Injunctive Relief to Remedy Unconstitutional Conditions in the Shelby County Jail," said order being date 11/12/97. re [60-1] ..(1) in-court hearing set 9:30 9/9/98, before this court to provide defendants an opportunity to show cause why they should not be held in contempt of this court. (2) Dfts are ordered to file a response to the "Petition to Cite Defendants with Contempt of Court" w/in 20 days of the date of entry of this order. (cc: all counsel) (EHG) (Entered: 07/20/1998)

SETTING LETTER : in court/Show Cause hearing on Plaintiff's petition to Cite Defendants for Contempt has been set for 9/9/98 at 9:30, before Judge Turner. (EHG) (Entered: 08/06/1998)

RESPONSE OF DEFENDANTS TO PETITION TO CITE DEFENDANTS FOR CONTEMPT OF COURT... w/attachments.. by defendant Denis Dowd, defendant Shelby County, TN, defendant A. C. Gilless, defendant Jim Rout to [60-1] (EHG) (Entered: 08/10/1998)

MOTION AND MEMORANDUM by defendant Denis Dowd, defendant Shelby County, TN, defendant A. C. Gilless, defendant Jim Rout to extend/for extension of time for compliance with paragraphs 3 and 4 of the court order on jail conditions w/attachments (EHG) (Entered: 08/10/1998)

RESPONSE by plaintiff Darius D. Little to motion to extend/for extension of time for compliance with paragraphs 3 and 4 of the court order on jail conditions [64-1] (EHG) (Entered: 08/20/1998)

REPLY TO RESPONSE OF DEFENDANTS TO PETITOIN TO CITE DEFENDANTS FOR CONTEMPT OF COURT.. by plaintiff Darius D. Little re [60-1] (EHG) (Entered: 08/20/1998)

CONSENT ORDER ON "PETITION TO CITE DEFENDANTS FOR CONTEMPT OF COURT", AND MOTION AND MEMORANDUM OF DEFENDANTS FOR EXTENSION OF TIME FOR COMPLIANCE WITH PARAGRAPHS THREE AND FOUR OF THE COURT ORDER ON JAIL CONDITIONS" by Judge Jerome Turner : ...(1) Pla's "Petition to Cite Defendants for Contempt of Court" is hereby dismissed. (2) Dfts are ordered to pay atty's fees and costs to pla for having filed and prepared to litigate the "Petition to Cite Defendants for Contempt of Court." (3) Dfts' "Motion and Memorandum of Defendants for Extension of Time for Compliance with Paragraphs Three and Four of the Court Order on Jail Conditions" is denied. re [64-1], re [60-1] (cc: all counsel) (EHG) (Entered: 09/14/1998)

CONSENT ORDER Modifying In Part "Order Granting Injunctive Relief To Remedy Uncinstitutional Conditions In Shelby County Jail" by Judge Jerome Turner: re [55-1]; It appearing to the Court that Special Master has reported to the counsel that certain statistical data necessary for a complete determination as to effect of remedial provisions ordered by the Court cannot be made w/out a particular type of computer program software; Special Master needs an additional 3 months to use this software to help prepare statistical analysis to determine whether this Court's ordered relief has been successful in reducing physical and sexual assaults at Shelby County Jail; Counsel for parties as well as Special Master shall meet no later than 8/15/99, to discuss effectiveness of the Court's remedial order...; After the meeting, Special Master shall have until 10/1/99 to make recommendation to the Court...; ...all of the Court's previous orders granting relief shall remain in full force and effect; (cc: all counsel) (BAG) (Entered: 05/04/1999)

NOTICE OF FILING OF "Special Master's Final Report And Recommendations As To Conditions In Shelby County Jail; ... Shelby County Jail is currently in compliance with the Court Order; (BAG) (Entered: 09/08/1999)

MOTION by plaintiff Darius D. Little for Court to accept findings of fact, and adopt recommendations of Master as the final decree of court; (BAG) (Entered: 09/27/1999)

SETTING LETTER: hearing on pla's motion for Court to accept findings of fact, and adopt recommendations of Master as the final decree of Court set for 10/7/99 at 11:00 (BAG) (Entered: 09/28/1999)

ORDER by Judge Jerome Turner; Parties have submitted to the Court a Consent Order...; Parties shall file with the court, w/in 15 days following entry of this order, memoranda addressing limitations, requirements and mandates of 18 USC 3626; (cc: all counsel) (BAG) (Entered: 10/13/1999)

MOTION by plaintiff Darius D. Little for payment of legal fees (in the amount of $3,375.00) (BAG) (Entered: 10/15/1999)

MEMORANDUM by plaintiff Darius D. Little in support of motion for payment of legal fees [73-1]; w/attachments (BAG) (Entered: 10/15/1999)

PLAINTIFF'S AND DEFENDANTS' JOING MEMORANDUM IN RESPONSE TO ORDER ENTERED BY THIS HONORABLE COURT ON OCTOBER 13, 1999 [72-1] (w/Items 1-2 Attached) (Former Emp) (Entered: 10/21/1999)

STIPULATION BY THE PARTIES by plaintiff Darius D. Little, defendant Denis Dowd, defendant Shelby County, TN, defendant A. C. Gilless, defendant Jim Rout re [69-1] (Former Emp) (Entered: 10/21/1999)

SUPPLEMENT TO SPECIAL MASTER'S FINAL REPORT AND RECOMMENDATIONS AS TO CONDITIONS IN SHELBY COUNTY JAIL by special master Richard Douglas Morgan re notice notice [69-1] (Former Emp) (Entered: 10/21/1999)

CONSENT ORDER ADOPTING RECOMMENDATION OF SPECIAL MASTER, FINAL ORDER GRANTING INJUNCTIVE RELIEF AS TO CONDITIONS IN THE SHELBY COUNTY JAIL by Judge Jerome Turner : granting motion for Court to accept findings of fact, and adopt recommendations of Master as the final decree of court; [70-1] : ...The provisions of remedial relief by this Court's "Order Granting Injunctive Relief to Remedy Unconstitutional Conditions in the Shelby County Jail" entered on 11/12/97, shall remain in full force and effect up until and including 11/1/04; with exceptions that the provisions concerning the appointment and monitoring by the Special Master are hereby deleted. In addition to the remedial relief required by the Court order, additional provisions shall remain in full force and effect until 11/1/04...this Court hereby finds that prospective relief ordered herein is necessary to correct a current and ongoing violation of federal rights...(cc: all counsel) (YDS) (Entered: 11/26/1999)

ORDER Of Administrative Closure by Judge Jerome Turner re [78-1]; The Consent Order Adopting Recommendations of Special Master, Final Order Granting Injunctive Relief as to Conditions in the SCJ was entered 11/26/99; It is ORDERED that this action is administratively closed and may be reopened upon notice from a party requesting relief; administratively closing case (cc: all counsel) (BAG) (Entered: 11/29/1999)

Corrected Unopposed MOTION by plaintiff Darius D. Little for payment of Legal Fees (BAG) (Entered: 11/30/1999)

CONSENT ORDER For Payment Of Attorney's Fees by Judge Jerome Turner: granting motion for payment of Legal Fees [80-1]; It is ORDERED that in accordance with 42 USC 1988, dfts are ordered to pay $5,475.00 in atty's fees and $165.34 in costs, totaling $5,640.34 to pla's counsel; As this award is for atty's fees and expenses incurred by attys, payment should be made directly to law firm of Glankler Brown PLLC; (cc: all counsel) (BAG) (Entered: 11/30/1999)

NOTICE OF CASE REASSIGNMENT Case reassigned to Judge Jon P. McCalla (cc: all counsel) (EHG) Modified on 03/07/2000 (Entered: 03/06/2000)

ORDER by Judge Jon P. McCalla : It appears that a six-month review of the appointment of the special master is necessary pursuant to 18 USC 3626(f)(5). status conference set 8:30 5/10/00 ..Counsel shall ensure the attendance of Chief Marion Hopkins or an appropriate authorized representative for the Shelby County Jail. Counsel shall also arrange for the appearance of Dr. Richard Douglas Morgan, the Special Master of the case. ..(cc: all counsel) (EHG) (Entered: 03/24/2000)

MOTION by defendant Denis Dowd, defendant Shelby County, TN, defendant A. C. Gilless, defendant Jim Rout for continuance of status conference (EHG) (Entered: 03/29/2000)

SETTING LETTER : status conference set for 5/10/00 at 8:30 (EHG) (Entered: 03/29/2000)

SETTING LETTER : status conference reset for 7/5/00 at 8:30 (EHG) (Entered: 05/02/2000)

MOTION by plaintiff Darius D. Little for contempt of court, for leave/ to allow expedited discovery prior to hearing on contempt petition w/attachments (EHG) (Entered: 06/30/2000)

CERTIFICATE OF CONSULTATION; MOTION TO SET ASIDE REQUIREMENT OF FACE-TO-FACE CONSULTATION.. by plaintiff Darius D. Little (EHG) (Entered: 06/30/2000)

MINUTES: follow-up conference held 7/5/00; Also present: Chief Hopkins, Capt. Burks (SCJ), Doug Morgan, Wanda Kilgore-Schneider (Court Monitors); Chief Hopkins and Capt. Burks will investigate and report to the Court regarding allegation that Jail personnel made intercom announcement of the Court Monitors' presence; Parties will submit relevant portions of the transcript of hearing before Judge Turner regarding classification issues; Mr. Strother will report on the status of setting up audio-visual intake capabilities at Jail East for female prisoners; Dft will submit an order to keep Morgan & Kilgore-Schneider as Court monitors through 12/31/00; Pla will submit an order appointing Mr. Fisher and Mr. Garnes as add'l court monitors; The Court Grants pla's motion for discovery; Another conference set 9:30 7/7/00 granting motion for leave/ to allow expedited discovery prior to hearing on contempt petition [87-2] Presiding Judge: Jon P. McCalla; PLA Atty: R. Hutton/A. Glankler; DFT Atty: B. Kuhn/D. Strother; Brenda Parker; (BAG) (Entered: 07/06/2000)

ORDER Following Status Conference by Judge Jon P. McCalla; The Court held a status conf. on 7/5/00 re [89-2]; Parties agreed that this case has been automatically reopened pursuant to terms of the Order of Administrative Closure entered 11/29/99; Case reopened; Parties agreed that Special Master and Court-Appointed Expert should all resume their duties pursuant to previous court orders; ...Special Master, Asst. Special Master and Court-Appointed Expert are allowed to engage in ex parte communication w/parties and with the court; Follow-up conf. to be held 7/7/00 at 9:30; Counsle for pla agreed to submit a brief on issue of whether pre-classification ...; Pla's brief shall be submitted by 5:00pm on 7/6/00; Dfts may also submit a written brief, or may respond orally at 7/7/00 hearing; (cc: all counsel) (BAG) (Entered: 07/06/2000)

ORDER Reinstating Dr. Douglas Morgan And Wanda Kilgore- Schneider As Special Master And Assistant Special Master by Judge Jon P. McCalla re [87-1]; It is ORDERED that Dr. Douglas Morgan and Wanda Kilgore-Schneider are reinstated as Special Master and Asst Special Master, appointed by the Court in order to monitor the injunctive relief granted in this Court orders w/said appointments being effective from date of this Order and lasting until 12/31/00 or subject to further orders of this Court; (cc: all counsel) (BAG) (Entered: 07/07/2000)

BRIEF As To Interpretation Of Order by plaintiff Darius D. Little; w/attachment (BAG) (Entered: 07/07/2000)

MINUTES: follow-up conference held 7/7/00; Also present: Marron Hopkins, Capt. Burks, Annie Maxwell DJI, Toya Evans DJI, Lt. Pat Baker, Capt. Charlene McGhee, Lt. Christy Jackson, Dr. Morgan, & Ms. Kilgore-Schneider; The Jail Officers were present to answer questions for the Court; The County will report back to the Court in about 3 weeks on the issue of upgrading wireless communications and cameras in the jail; Mr. Strother reported on the County's investiigation of charges of "Guard Sanctioned" fighting among inmates; 3 Officers have been cited for misconduct and criminal charges have been brought against several inmates; IAB is continuing its investigation of Guards' roles in the alleged incidents; The County is prepared to make an oral report on preclassification holding tanks but requested the Court allow them 14 days w/in which to file a written report; The Court Granted the request; Remote video booking procedures of women inmates has been effected and is now being used; Additional discovery will be exchanged by 7/25/00; The Court Monitors will submit a status report on 8/7/00; Hearing will be conducted 8:30 9/5/00; Parties to submit any add'l written briefs by 8/20/00; Mr. Fisher's role as an add'l monitor was clarified; Presiding Judge: Jon P. McCalla; PLA Atty: R. Hutton/A. Glankler; DFT Atty: B. Kuhn/D. Strother; C/R: Brenda Parker; (BAG) (Entered: 07/07/2000)