Case: Laube v. Haley

2:02-cv-00957 | U.S. District Court for the Middle District of Alabama

Filed Date: Aug. 19, 2002

Closed Date: 2010

Clearinghouse coding complete

Case Summary

On August 19, 2002, female prisoners in Alabama filed this lawsuit in the U.S. District Court for the Middle District of Alabama. The prisoners sued under 42 U.S.C. § 1983 challenging conditions of their confinement under the Eighth Amendment. This class action suit, brought on behalf of all female state prisoners in Alabama, was based on the following claims of unconstitutional conditions: overcrowding, inadequate supervision in open dorms, inadequate inmate classification, inmate violence, th…

On August 19, 2002, female prisoners in Alabama filed this lawsuit in the U.S. District Court for the Middle District of Alabama. The prisoners sued under 42 U.S.C. § 1983 challenging conditions of their confinement under the Eighth Amendment. This class action suit, brought on behalf of all female state prisoners in Alabama, was based on the following claims of unconstitutional conditions: overcrowding, inadequate supervision in open dorms, inadequate inmate classification, inmate violence, the availability of weapons, the small number of segregation cells, inadequate living space, inadequate ventilation, extreme heat during the summer, and inadequate medical and mental health care. The prisoners were represented by the Southern Center for Human Rights along with several private attorneys.

On December 2, 2002, the U.S. District Court for the Middle District of Alabama (Judge Myron H. Thompson) granted a preliminary injunction to prisoners incarcerated at the Julia Tutwiler Prison for Women (Tutwiler). Laube v. Haley, 234 F.Supp.2d 1227 (M.D.Ala. 2002). The Court found that significant understaffing in greatly overcrowded inmate dorms resulted in an impermissibly unsafe environment for inmates. The Court also ordered state officials to submit a plan to remedy the unconstitutional conditions. Judge Thompson rejected the initial plan submitted by the state by holding that a lack of funding was no excuse for deficiencies in the plan. Laube v. Haley, 242 F.Supp.2d 1150 (M.D.Ala. 2003).

In February 2003, Judge Thompson granted the defendant's motion to substitute parties. The case was subsequently referred to as Laube v. Campbell. Correctional officers then moved to intervene in the action by contending that the unconstitutional conditions at Tutwiler prevented them from performing duties which were necessary to avoid civil liability and criminal penalties. Judge Thompson denied the motion and held that correctional officers' interests did not warrant intervention. Laube v. Campbell, 215 F.R.D. 655 (M.D.Ala.2003).

On March 28, 2003, Judge Thompson held that that the preliminary injunction had expired. Laube v. Campbell, 255 F.Supp.2d 1301 (M.D.Ala. 2003). The Court found that under the provisions of the Prison Litigation Reform Act (PLRA), 18 U.S.C. § 3626, a preliminary injunction automatically expires after 90 days. The Court additionally noted that the prisoners were able to move for another preliminary injunction if they so desired.

Subsequently, the parties reached settlement agreements. On August 23, 2004, Judge Thompson approved the two four-year settlement agreements proposed by the parties: a conditions settlement agreement and a medical settlement agreement. Laube v. Campbell, 333 F.Supp.2d 1234 (M.D.Ala. 2004). The conditions settlement agreement covered population flow, heat, ventilation, exercise, recreation, safety and security staffing, segregation cells, and classification. The medical settlement agreement covered access to care, intake medical screening, available medical services, medical staffing, pharmaceuticals, records and reporting.

Litigation continued over attorney's fees and modifications to the settlement agreements. On August 31, 2007, Judge Thompson issued a 107 page Opinion and Order, ruling on the prisoners' application for attorneys' fees and awarding plaintiffs' attorneys' fees and expenses totaling $538,178.14. The Court noted that if additional enforcement fees were incurred, the prisoners could make further application for payment of those fees.

On December 17, 2009, the Court held a status conference during which the parties notified the court of the defendant has satisfied all of the terms of the settlement agreements. In light of this conference, on January 25, 2010, the court issued an order of final judgment closing the case.

However, on May 12, 2010, another prisoner filed a motion for reconsideration. On May 14, 2010, the court (Judge Myron H. Thompson) denied the motion for reconsideration. The prisoner appealed this denial to the Eleventh Circuit. On November 10, 2010, the Eleventh Circuit found that the appeal was frivolous and dismissed the appeal.

Summary Authors

Tom Madison (11/10/2006)

Jessica Kincaid (3/18/2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4488880/parties/laube-v-allen-inmate-2/


Judge(s)
Attorney for Plaintiff

Bright, Stephen B. (Georgia)

Caldas, Tamara S. (Georgia)

Attorney for Defendant

Addison, William F. (Alabama)

Calligaro, Lee (District of Columbia)

Campbell, Charles B. (Alabama)

show all people

Documents in the Clearinghouse

Document

2:02-cv-00957

Docket (PACER)

Laube v. Campbell

Nov. 10, 2010

Nov. 10, 2010

Docket
1

2:02-cv-00957

Complaint

Aug. 19, 2002

Aug. 19, 2002

Complaint
45

2:02-cv-00957

First Amended Complaint

Sept. 13, 2002

Sept. 13, 2002

Complaint
46

2:02-cv-00957

Order [Dismissing Defendants]

Laube v. Campbell

Sept. 18, 2002

Sept. 18, 2002

Order/Opinion
78

2:02-cv-00957

Order [Denying Defendant's Motion to Dismiss]

Laube v. Campbell

Dec. 2, 2002

Dec. 2, 2002

Order/Opinion
77

2:02-cv-00957

Opinion [re: Preliminary Injunction]

Dec. 2, 2002

Dec. 2, 2002

Order/Opinion
99

2:02-cv-00957

Second Amended Complaint

Jan. 7, 2003

Jan. 7, 2003

Complaint
112

2:02-cv-00957

Order

Jan. 29, 2003

Jan. 29, 2003

Order/Opinion
165

2:02-cv-00957

Order [Granting Motion to Compel]

Laube v. Campbell

March 13, 2003

March 13, 2003

Order/Opinion
171

2:02-cv-00957

Consent Protective Order

Laube v. Campbell

March 17, 2003

March 17, 2003

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4488880/laube-v-allen-inmate-2/

Last updated Jan. 28, 2024, 3:09 a.m.

ECF Number Description Date Link Date / Link
1

MOTION by Linda Laube, Theresa Barron, Barbara Bush, Lachrondria Crockett, Marjorie Ewing, Wanda Goodman, Alma Gutierrez, Lisa Hereford, La'Toya Jones, Katie Moore, Terri Newby, Barbara Pelzer, April Rice, Kelli Washington, Melinda Washington for Evidentiary Hearing referred to Mag. Judge Charles S. Coody (djy) (Entered: 08/20/2002)

Aug. 19, 2002

Aug. 19, 2002

PACER
2

MOTION (certificate of good standing attached) by Linda Laube, Theresa Barron, Barbara Bush, Lachrondria Crockett, Marjorie Ewing, Wanda Goodman, Alma Gutierrez, Lisa Hereford, La'Toya Jones, Katie Moore, Terri Newby, Barbara Pelzer, April Rice, Kelli Washington, Melinda Washington for Stephen B. Bright to Appear Pro Hac Vice FILING FEE $ 20.00 RECEIPT # 93565 referred to Mag. Judge Charles S. Coody (djy) Modified on 08/20/2002 (Entered: 08/20/2002)

Aug. 19, 2002

Aug. 19, 2002

PACER
3

MOTION (certificate of good standing attached) by Linda Laube, Theresa Barron, Barbara Bush, Lachrondria Crockett, Marjorie Ewing, Wanda Goodman, Alma Gutierrez, Lisa Hereford, La'Toya Jones, Katie Moore, Terri Newby, Barbara Pelzer, April Rice, Kelli Washington, Melinda Washington for Lisa Kung to Appear Pro Hac Vice FILING FEE $ 20.00 RECEIPT # 93565 referred to Mag. Judge Charles S. Coody (djy) (Entered: 08/20/2002)

Aug. 19, 2002

Aug. 19, 2002

PACER
4

MOTION (certificate of good standing attached) by Linda Laube, Theresa Barron, Barbara Bush, Lachrondria Crockett, Marjorie Ewing, Wanda Goodman, Alma Gutierrez, Lisa Hereford, La'Toya Jones, Katie Moore, Terri Newby, Barbara Pelzer, April Rice, Kelli Washington, Melinda Washington for Tamara Serwer to Appear Pro Hac Vice FILING FEE $ 20.00 RECEIPT # 93565 referred to Mag. Judge Charles S. Coody (djy) (Entered: 08/20/2002)

Aug. 19, 2002

Aug. 19, 2002

PACER
5

MOTION by Linda Laube, Theresa Barron, Barbara Bush, Lachrondria Crockett, Marjorie Ewing, Wanda Goodman, Alma Gutierrez, Lisa Hereford, La'Toya Jones, Katie Moore, Terri Newby, Barbara Pelzer, April Rice, Kelli Washington, Melinda Washington for Preliminary Injunction referred to Judge Myron H. Thompson (djy) (Entered: 08/20/2002)

Aug. 19, 2002

Aug. 19, 2002

PACER
6

MEMORANDUM (w/attachments 1 thru 10) by Linda Laube, Theresa Barron, Barbara Bush, Lachrondria Crockett, Marjorie Ewing, Wanda Goodman, Alma Gutierrez, Lisa Hereford, La'Toya Jones, Katie Moore, Terri Newby, Barbara Pelzer, April Rice, Kelli Washington, Melinda Washington in support of [5-1] motion for Preliminary Injunction by plaintiffs. Referred to Judge Myron H. Thompson (djy) (Entered: 08/20/2002)

Aug. 19, 2002

Aug. 19, 2002

PACER
7

MOTION by Linda Laube, Theresa Barron, Barbara Bush, Lachrondria Crockett, Marjorie Ewing, Wanda Goodman, Alma Gutierrez, Lisa Hereford, La'Toya Jones, Katie Moore, Terri Newby, Barbara Pelzer, April Rice, Kelli Washington, Melinda Washington for class certification referred to Mag. Judge Charles S. Coody (djy) (Entered: 08/20/2002)

Aug. 19, 2002

Aug. 19, 2002

PACER
8

MEMORANDUM by Linda Laube, Theresa Barron, Barbara Bush, Lachrondria Crockett, Marjorie Ewing, Wanda Goodman, Alma Gutierrez, Lisa Hereford, La'Toya Jones, Katie Moore, Terri Newby, Barbara Pelzer, April Rice, Kelli Washington, Melinda Washington in support of [7-1] motion for class certification by plaintiffs. Referred to Mag. Judge Charles S. Coody (djy) (Entered: 08/20/2002)

Aug. 19, 2002

Aug. 19, 2002

PACER
9

SUMMONS issued for Don Siegelman and returned to counsel for personal service on defendant. (djy) (Entered: 08/20/2002)

Aug. 19, 2002

Aug. 19, 2002

PACER
10

SUMMONS issued for Francis Henderson and returned to counsel for personal service on defendant. (djy) (Entered: 08/20/2002)

Aug. 19, 2002

Aug. 19, 2002

PACER
11

SUMMONS issued for NaphCare, Inc. and returned to counsel for personal service on defendant. (djy) (Entered: 08/20/2002)

Aug. 19, 2002

Aug. 19, 2002

PACER
12

SUMMONS issued for Mary Carter and returned to counsel for personal service on defendant. (djy) (Entered: 08/20/2002)

Aug. 19, 2002

Aug. 19, 2002

PACER
13

SUMMONS issued for Patricia Hood and returned to counsel for personal service on defendant. (djy) (Entered: 08/20/2002)

Aug. 19, 2002

Aug. 19, 2002

PACER
14

SUMMONS issued for Gladys Deese and returned to counsel for personal service on defendant. (djy) (Entered: 08/20/2002)

Aug. 19, 2002

Aug. 19, 2002

PACER
15

SUMMONS issued for Michael Haley and returned to counsel for personal service on defendant. (djy) (Entered: 08/20/2002)

Aug. 19, 2002

Aug. 19, 2002

PACER
16

ORDER granting [2-1] motion for Stephen B. Bright to Appear Pro Hac Vice FILING FEE $ 20.00 RECEIPT # 93565, granting [3-1] motion for Lisa Kung to Appear Pro Hac Vice FILING FEE $ 20.00 RECEIPT # 93565, granting [4-1] motion for Tamara Serwer to Appear Pro Hac Vice FILING FEE $ 20.00 RECEIPT # 93565 ( signed by Judge Myron H. Thompson ), copies provided; furnished to SC. (ydw) (Entered: 08/21/2002)

Aug. 21, 2002

Aug. 21, 2002

PACER
17

Courtroom Deputy's MINUTES of proceedings: Telephone Conference held 8/21/02 before Judge Myron H. Thompson, Mitchell Reisner, Ct. Rptr. (ydw) (Entered: 08/21/2002)

Aug. 21, 2002

Aug. 21, 2002

PACER
18

MOTION containing request for oral argument by NaphCare, Inc. to Stay, or in the alternative, to Dismiss ; referred to Mag. Judge Charles S. Coody (ydw) (Entered: 08/27/2002)

Aug. 26, 2002

Aug. 26, 2002

PACER
19

ORDER setting Motion for Preliminary Injunction for an Evidentiary Hearing for 10:00 9/23/02 before Judge Myron H. Thompson, in Courtroom 2E, setting Brief deadline 9/18/02 ; Counsel for the pltfs. are allowed to conduct limited expedited discovery to determine facts related to their request for a preliminary injunction; If the parties still want the court to visit the facilities, they should submit a joint proposal by 9/6/02; ( signed by Judge Myron H. Thompson ), copies provided to pltf. and counsel, C. Atchison; furnished to SC, YG, MD and US Marshal. (ydw) (Entered: 08/27/2002)

Aug. 27, 2002

Aug. 27, 2002

RECAP
20

ORDER setting [18-1] motion to Stay by NaphCare, Inc., and [18-2] motion to Dismiss by NaphCare, Inc. for submission on 9/13/02; directing defendant to file its brief and evidentiary materials; setting Brief deadline to 9/5/02 for defendant ; directing plaintiffs to file their brief and evidentiary materials; setting Brief deadline to 9/13/02 for plaintiffs ( signed by Judge Myron H. Thompson ), copies provided to counsel. (mfm) (Entered: 08/30/2002)

Aug. 30, 2002

Aug. 30, 2002

PACER
21

NOTICE of Attorney Appearance for Francis Henderson by Giles G. Perkins, Michael M. Shipper (djy) (Entered: 09/06/2002)

Sept. 5, 2002

Sept. 5, 2002

PACER
22

LEGAL MEMORANDUM (Exhibits A thru C attached) by NaphCare, Inc., Francis Henderson in support of [18-1] motion to Stay, transfer or [18-2] motion to Dismiss by NaphCare, Inc. Referred to Mag. Judge Charles S. Coody (djy) (Entered: 09/06/2002)

Sept. 5, 2002

Sept. 5, 2002

PACER
23

NOTICE OF FILING EVIDENTIARY MATERIALS (Exhibit A attached) by NaphCare, Inc., Francis Henderson in support of [18-2] motion to Dismiss, [18-1] motion to Stay referred to Mag. Judge Charles S. Coody . (djy) (Entered: 09/06/2002)

Sept. 5, 2002

Sept. 5, 2002

PACER
24

MOTION by NaphCare, Inc., Francis Henderson for Leave to File reply brief in support of their motion to stay or dismiss referred to Mag. Judge Charles S. Coody (djy) (Entered: 09/06/2002)

Sept. 5, 2002

Sept. 5, 2002

PACER
25

NOTICE of Attorney Appearance for Francis Henderson by Hugh C. Nickson III (djy) (Entered: 09/09/2002)

Sept. 6, 2002

Sept. 6, 2002

PACER
26

MOTION by NaphCare, Inc., Francis Henderson to permit filing of reply brief in support of their motion to stay or dismiss referred to Mag. Judge Charles Coody (djy) Modified on 09/09/2002 (Entered: 09/09/2002)

Sept. 6, 2002

Sept. 6, 2002

PACER
27

MOTION by Michael Haley, Gladys Deese, Patricia Hood, Mary Carter to Dismiss referred to Mag. Judge Charles S. Coody (djy) (Entered: 09/09/2002)

Sept. 6, 2002

Sept. 6, 2002

PACER
28

MEMORANDUM (Exhibits A thru D attached) by Michael Haley, Gladys Deese, Patricia Hood, Mary Carter in support of [27-1] motion to Dismiss by Mary Carter, Patricia Hood, Gladys Deese, Michael Haley referred to Mag. Judge Charles S. Coody (djy) (Entered: 09/09/2002)

Sept. 6, 2002

Sept. 6, 2002

PACER
29

Parties Joint Proposal/RESPONSE by Michael Haley, Gladys Deese, Patricia Hood, Mary Carter to [19-3] order entered 8/27/02. Referred to Judge Myron H. Thompson (djy) (Entered: 09/09/2002)

Sept. 6, 2002

Sept. 6, 2002

RECAP
30

ORDER that plaintiffs shall be permitted to take depositions as further set out; to the extent that plaintiffs discovery requests about classification issues are denied; further ordering that plaintiffs shall ensure that defendants are in receipt of the plaintiffs' experts' preliminary reports no later than 9/16/02; (signed by Mag. Judge Charles S. Coody), copies provided to counsel, plaintiff. (ajr) (Entered: 09/09/2002)

Sept. 9, 2002

Sept. 9, 2002

PACER
31

MOTION by Don Siegelman to Dismiss referred to Mag. Judge Charles S. Coody (ajr) (Entered: 09/10/2002)

Sept. 9, 2002

Sept. 9, 2002

PACER
32

MOTION by Michael Haley, Gladys Deese, Patricia Hood, Mary Carter for More Definite Statement referred to Mag. Judge Charles S. Coody (ajr) (Entered: 09/10/2002)

Sept. 9, 2002

Sept. 9, 2002

PACER
33

ORDER directing that the [32-1] motion for More Definite Statement is referred to Mag. Judge Charles S. Coody for appropriate action ( signed by Judge Myron H. Thompson ), copies provided to counsel. (djy) (Entered: 09/11/2002)

Sept. 11, 2002

Sept. 11, 2002

PACER
34

ORDER granting [24-1] and [26-1] motion to permit filing of reply brief in support of their motions to stay or dismiss ( signed by Judge Myron H. Thompson ), copies provided to counsel. (djy) (Entered: 09/11/2002)

Sept. 11, 2002

Sept. 11, 2002

PACER
35

ORDER directing that the [27-1] motion to Dismiss by Mary Carter, Patricia Hood, Gladys Deese, Michael Haley and [31-1] motion to Dismiss by Don Siegelman be set for submission on 9/16/02, without oral argument, with all briefs and evidentiary materials due by said date ( signed by Judge Myron H. Thompson ). Copies provided to counsel (djy) (Entered: 09/11/2002)

Sept. 11, 2002

Sept. 11, 2002

PACER
36

ORDER upon consideration of the dfts' motion for more definite statement; resetting Oral Argument for 8:30 9/18/02 before Mag. Judge Charles S. Coody, in Courtroom 4B ; ( signed by Mag. Judge Charles S. Coody ), copies provided; furnished to CA, YG, MD. (ydw) (Entered: 09/12/2002)

Sept. 12, 2002

Sept. 12, 2002

PACER
37

Courtroom Deputy's MINUTES of proceedings: Telephone Conference held 9/12/02, before Judge Myron H. Thompson, Mitchell Reisner, Ct Rptr. (ydw) (Entered: 09/12/2002)

Sept. 12, 2002

Sept. 12, 2002

PACER
38

Defendants' Requested Designated Areas of Inspection; referred to Judge Thompson (ydw) Modified on 09/16/2002 (Entered: 09/16/2002)

Sept. 13, 2002

Sept. 13, 2002

RECAP
42

RESPONSE by Linda Laube, Theresa Barron, Barbara Bush, Lachrondria Crockett, Marjorie Ewing, Wanda Goodman, Alma Gutierrez, Lisa Hereford, La'Toya Jones, Katie Moore, Terri Newby, Barbara Pelzer, April Rice, Kelli Washington, Melinda Washington to [18-1] motion to Stay by NaphCare, Inc., [18-2] motion to Dismiss by NaphCare, Inc.; referred to Mag. Judge Charles S. Coody (ydw) (Entered: 09/17/2002)

Sept. 13, 2002

Sept. 13, 2002

PACER
45

FIRST AMENDED COMPLAINT by Linda Laube, Theresa Barron, Barbara Bush, Lachrondria Crockett, Marjorie Ewing, Wanda Goodman, Alma Gutierrez, Lisa Hereford, La'Toya Jones, Katie Moore, Terri Newby, Barbara Pelzer, April Rice, Kelli Washington, Melinda Washington amending [1-1] complaint; Class Action (djy) (Entered: 09/18/2002)

Sept. 13, 2002

Sept. 13, 2002

PACER
39

ORDER [31-1] motion to Dismiss by Don Siegelman reset for submission on 9/18/02, [27-1] motion to Dismiss by Mary Carter, Patricia Hood, Gladys Deese, Michael Haley reset for submission on 9/18/02 resetting Brief deadline to 9/18/02; (signed by Judge Myron H. Thompson), copies provided to counsel, SC. (ajr) (Entered: 09/16/2002)

Sept. 16, 2002

Sept. 16, 2002

PACER
40

Pltfs' Proposal for the Courts' Inspection of Prison Facilities; referred to Judge Thompson. (ydw) (Entered: 09/16/2002)

Sept. 16, 2002

Sept. 16, 2002

RECAP
41

NOTICE of Attorney Appearance for Michael Haley, Gladys Deese, Patricia Hood, Mary Carter by Ellen Leonard. (ydw) (Entered: 09/16/2002)

Sept. 16, 2002

Sept. 16, 2002

PACER
43

Courtroom Deputy's MINUTES of proceedings re: oral argument held 9/18/02 before Mag Judge Coody. (djy) (Entered: 09/18/2002)

Sept. 18, 2002

Sept. 18, 2002

PACER
46

ORDER, in light of the amended complaint filed 9/13/02 and by agreement of counsel for all parties; it is ORDERED that defs NaphCare, Inc. and Francis Henderson are dismissed without prejudice; further ORDERING that the [18-1] motion to Stay, and alternative [18-2] motion to Dismiss, filed 8/26/02, are denied as moot ( signed by Judge Myron H. Thompson ), copies provided to counsel. (djy) (Entered: 09/18/2002)

Sept. 18, 2002

Sept. 18, 2002

PACER
44

ORDER denying as moot [32-1] motion for More Definite Statement; further ORDERING that the Clerk is directed, on or before 9/23/02, to prepare a transcript of the oral argument proceeding held on 9/18/02 ( signed by Mag. Judge Charles S. Coody ), copies provided to counsel; furnished to court report-Dickens & YG. (djy) (Entered: 09/18/2002)

Sept. 18, 2002

Sept. 18, 2002

PACER
47

BRIEF by Michael Haley, Gladys Deese, Patricia Hood, Mary Carter in opposition to [5-1] motion for Preliminary Injunction. Referred to Judge Myron Thompson. (sl) Modified on 09/19/2002 (Entered: 09/19/2002)

Sept. 18, 2002

Sept. 18, 2002

PACER
48

BRIEF by Linda Laube, et al. in support of [5-1] motion for Preliminary Injunction (w/attachments 1 & 2) referred to Judge Myron H. Thompson (djy) (Entered: 09/20/2002)

Sept. 19, 2002

Sept. 19, 2002

PACER
49

RESPONSE by Linda Laube, et al. to [27-1] motion to Dismiss by Mary Carter, Patricia Hood, Gladys Deese, Michael Haley (Exhibits 1 thru 3 attached) Referred to Judge Myron H. Thompson (djy) (Entered: 09/20/2002)

Sept. 19, 2002

Sept. 19, 2002

PACER
50

APPLICATION/MOTION by Linda Laube, et al. for Writ of habeas corpus ad testificandum referred to Judge Myron H. Thompson (djy) (Entered: 09/20/2002)

Sept. 19, 2002

Sept. 19, 2002

PACER
51

AMENDED APPLICATION/MOTION (proposed writ attached) by Linda Laube, et al. for Writ of habeas corpus ad testificandum amending: [50-1] motion for Writ of habeas corpus ad testificandum by plaintiffs. Referred to Judge Myron H. Thompson (djy) (Entered: 09/20/2002)

Sept. 19, 2002

Sept. 19, 2002

PACER
52

OBJECTIONS by Michael Haley, Gladys Deese, Patricia Hood, Mary Carter to [50-1] motion for Writ of habeas corpus ad testificandum by plaintiffs. Referred to Judge Myron H. Thompson (djy) (Entered: 09/20/2002)

Sept. 19, 2002

Sept. 19, 2002

PACER
53

MOTION by Linda Laube, et al. to Amend [50-1] application for Writ of habeas corpus ad testificandum by plaintiffs (proposed second amended application attached) referred to Judge Myron H. Thompson (djy) (Entered: 09/20/2002)

Sept. 20, 2002

Sept. 20, 2002

PACER
54

Applications for writ of habeas corpus ad testificandum treated as REQUESTS for Production of prisoners by Linda Laube, et al. per order of 9-20-02 (djy) (Entered: 09/20/2002)

Sept. 20, 2002

Sept. 20, 2002

PACER
55

ORDER directing as follows: (1) granting [53-1] motion to Amend [50-1] application for Writ of habeas corpus ad testificandum by plaintiffs; (2) that the applications for writ of habeas corpus ad testificandum be and are hereby treated as requests for the production of prisoners; (3) that with respect to the [54-1] requests for the production of prisoners relating to HIV positive inmates, the request is DENIED, as further set out in order; (4) that with respect to the remaining aspects of the [54-1] requests for the production of prisoners, the requests as last amended are GRANTED< and the ADOC shall produce the prisoners on 9/23/02 at the US Courthouse, One Church Street, Montgomery, Al ( signed by Mag. Judge Charles S. Coody ), copies provided to counsel and transfer agent for the ADOC by fax; furnished to USM. (djy) (Entered: 09/20/2002)

Sept. 20, 2002

Sept. 20, 2002

PACER
56

RESPONSE by Linda Laube, Theresa Barron, Barbara Bush, Lachrondria Crockett, Marjorie Ewing, Wanda Goodman, Alma Gutierrez, Lisa Hereford, La'Toya Jones, Katie Moore, Terri Newby, Barbara Pelzer, April Rice, Kelli Washington, Melinda Washington to [52-1] objection by Mary Carter, Patricia Hood, Gladys Deese, Michael Haley; referred to Mag. Judge Charles S. Coody (ydw) (Entered: 09/23/2002)

Sept. 20, 2002

Sept. 20, 2002

PACER
58

Courtroom Deputy's MINUTES of proceedings re: preliminary injunction hearing held 9/23/02 thru 9/26/02 before Judge Thompson; Defs' ORAL MOTION to seal plaintiff's Exh 1; ORAL ORDER granting motion to seal; defs' ORAL REQUEST to seal any exhibit that depicts a diagram of a correctional facility, including all photographs; COURT directs that proposed protective order be submitted-RULING RESERVED; DOC defs' ORAL MOTION for judgment as a matter of law; def Siegelman's ORAL MOTION for judgment as a matter of law - RULINGS RESERVED; Defs' RENEWED ORAL MOTION for judgment as a matter of law; ORAL ORDER denying motions for judgment as a matter of law; Witness List; Plaintiffs' exhibit list; Defendants' exhibit list (Exhibits in (3) expansion folders with case file; (1) expansion folder SEALED exhibits in lock cabinet) (djy) (Entered: 09/30/2002)

Sept. 26, 2002

Sept. 26, 2002

PACER
57

ORDER that parties have until 10/4/02 to submit supplemental evidence in the form of video depositions; that plaintiffs are to submit a supplemental brief on the issue of "intent" by 9/30/02; defendants are to do the same by 10/2/02; setting Brief deadline to 9/30/02,; that plaintiff's motion for preliminary injunction is set for oral argument on 10/10/02 at 9:00; setting Oral Argument for 9:00 10/10/02 before Judge Myron H. Thompson in Courtroom 2E [5-1] motion for Preliminary Injunction by plaintiffs set for submission on 9:00 10/10/02 after oral argument; (signed by Judge Myron H. Thompson), copies provided to counsel, SC, MD, YG. (ajr) (Entered: 09/27/2002)

Sept. 27, 2002

Sept. 27, 2002

PACER
59

POST-HEARING BRIEF CONSERNING EIGHTH AMENDMENT INTENT REQUIREMENT by Linda Laube, Theresa Barron, Barbara Bush, Lachrondria Crockett, Marjorie Ewing, Wanda Goodman, Alma Gutierrez, Lisa Hereford, La'Toya Jones, Katie Moore, Terri Newby, Barbara Pelzer, April Rice, Kelli Washington, Washington; referred to Judge Thompson. (ydw) (Entered: 10/01/2002)

Oct. 1, 2002

Oct. 1, 2002

PACER
60

POST-HEARING BRIEF concerning eighth amendment intent requirment by Don Siegelman; referred to Thompson. (ydw) (Entered: 10/04/2002)

Oct. 3, 2002

Oct. 3, 2002

PACER
61

SUPPLEMENTAL BRIEF by Michael Haley, Gladys Deese, Patricia Hood, Mary Carter Addressing Subjective Intent Under the Eighth Amendment; referred to Judge Myron H. Thompson (ydw) (Entered: 10/04/2002)

Oct. 3, 2002

Oct. 3, 2002

PACER
62

MOTION by Linda Laube, Theresa Barron, Barbara Bush, Lachrondria Crockett, Marjorie Ewing, Wanda Goodman, Alma Gutierrez, Lisa Hereford, La'Toya Jones, Katie Moore, Terri Newby, Barbara Pelzer, April Rice, Kelli Washington, Melinda Washington for admission of supplemental exhibit (w/Attachment); referred to Judge Myron H. Thompson (ydw) (Entered: 10/04/2002)

Oct. 4, 2002

Oct. 4, 2002

PACER
63

SUPPLEMENTAL Exhibit list by Michael Haley, Gladys Deese, Patricia Hood (w/Attachments); referred to Judge Thompson. (ydw) (Entered: 10/07/2002)

Oct. 4, 2002

Oct. 4, 2002

PACER
64

RESPONSE by Linda Laube, Theresa Barron, Barbara Bush, Lachrondria Crockett, Marjorie Ewing, Wanda Goodman, Alma Gutierrez, Lisa Hereford, La'Toya Jones, Katie Moore, Terri Newby, Barbara Pelzer, April Rice, Kelli Washington, Melinda Washington to [61-1] supplemental brief addressing subjective intent under the eight amendment by Mary Carter, Patricia Hood, Gladys Deese, Michael Haley; referred to Judge Myron H. Thompson (ydw) (Entered: 10/10/2002)

Oct. 9, 2002

Oct. 9, 2002

PACER
65

Courtroom Deputy's MINUTES of proceedings: ORAL ARGUMENT (PLTFS' MOTION FOR PRELIMINARY INJUNCTION); held 10/10/02 before Judge Myron H. Thompson, Mitchell Reisner, CT Rptr.; Court Convened; Defts' ORAL MOTION TO RENUMBER D43 (filed by dfts' as a supplemental exhibits on 10/4/02 as D46 because of duplication of numbers; ORAL ORDER GRANTING oral motion to renumber; Hearing adjourned (w/Pltfs Exhibits, Dfts Exhibits attached and EXHIBITS LOCATED IN EXPANSION FOLDER WITH CASE FILE) (ydw) (Entered: 10/10/2002)

Oct. 10, 2002

Oct. 10, 2002

PACER
66

MOTION by Michael Haley, Gladys Deese, Patricia Hood to Place Photographs Under Seal ; referred to Judge Myron H. Thompson (ydw) (Entered: 10/11/2002)

Oct. 10, 2002

Oct. 10, 2002

PACER
67

MOTION by Michael Haley, Gladys Deese, Patricia Hood for Protective Order ; referred to Judge Myron H. Thompson (ydw) (Entered: 10/11/2002)

Oct. 10, 2002

Oct. 10, 2002

PACER
68

ORDER that the motion to place photographs under seal and motion for protective order, are referred to United States Mag. Judge Charles S. Coody for appropriate consideration and action; ( signed by Judge Myron H. Thompson ), copies provided; furnished to SC. (ydw) (Entered: 10/17/2002)

Oct. 17, 2002

Oct. 17, 2002

PACER
69

RESPONSE by Linda Laube, Theresa Barron, Barbara Bush, Lachrondria Crockett, Marjorie Ewing, Wanda Goodman, Alma Gutierrez, Lisa Hereford, La'Toya Jones, Katie Moore, Terri Newby, Barbara Pelzer, April Rice, Kelli Washington, Melinda Washington to [66-1] motion to Place Photographs Under Seal by Patricia Hood, Gladys Deese, Michael Haley; referred to Mag. Judge Charles S. Coody (ydw) (Entered: 10/22/2002)

Oct. 21, 2002

Oct. 21, 2002

PACER
70

ORDER motion hearing set for 9:00 10/31/02 before Mag. Judge Charles S. Coody, in Courtroom 4B, for [66-1] motion to Place Photographs Under Seal, motion hearing set for 9:00 before Mag. Judge Charles S. Coody for [67-1] motion for Protective Order ; that pending the hearing and argument, the pltfs. shall not release or make public any photograph taken of any prison facility; that if any party desires to present evidence on 10/31/02, the party shall notify the court and opposing parties on 10/29/02, of the name and addresses of any witnesses and shall provide the opposing parties with the opportunity to review and make copies of any documents; ( signed by Mag. Judge Charles S. Coody, copies provided. (ydw) (Entered: 10/24/2002)

Oct. 24, 2002

Oct. 24, 2002

PACER
71

RESPONSE by Linda Laube, Theresa Barron, Barbara Bush, Lachrondria Crockett, Marjorie Ewing, Wanda Goodman, Alma Gutierrez, Lisa Hereford, La'Toya Jones, Katie Moore, Terri Newby, Barbara Pelzer, April Rice, Kelli Washington, Melinda Washington to [67-1] motion for Protective Order by Patricia Hood, Gladys Deese, Michael Haley. Referred to Mag. Judge Charles S. Coody (djy) (Entered: 10/31/2002)

Oct. 30, 2002

Oct. 30, 2002

PACER
72

NOTIFICATION of evidence to be presented at 10-31-02 hearing by Linda Laube, Theresa Barron, Barbara Bush, Lachrondria Crockett, Marjorie Ewing, Wanda Goodman, Alma Gutierrez, Lisa Hereford, La'Toya Jones, Katie Moore, Terri Newby, Barbara Pelzer, April Rice, Kelli Washington, Melinda Washington. Referred to Mag Judge Coody. (djy) (Entered: 10/31/2002)

Oct. 30, 2002

Oct. 30, 2002

PACER
73

Courtroom Deputy's MINUTES of proceedings re: motion hearing held 10-31-02 before Mag Judge Coody; defs' exhibit list (exhibits maintained in envelope attached to minutes) (Tape 3718S @ 1 thru 2374) (djy) (Entered: 10/31/2002)

Oct. 31, 2002

Oct. 31, 2002

PACER
74

ORDER granting [62-1] motion for admission of supplemental exhibit ( signed by Judge Myron H. Thompson ), copies provided; furnished to SC. (ydw) (Entered: 12/02/2002)

Dec. 2, 2002

Dec. 2, 2002

PACER
75

ORDER that the Rule 26(f) report containing the discovery plan shall be filed as soon as practicable; Planning Meeting report due on 12/30/02 ( signed by Judge Myron H. Thompson ), copies provided; furnished to SC. (ydw) (Entered: 12/02/2002)

Dec. 2, 2002

Dec. 2, 2002

PACER
76

OPINION ( signed by Judge Myron H. Thompson ), copies provided; furnished to SC (ydw) (Entered: 12/02/2002)

Dec. 2, 2002

Dec. 2, 2002

PACER
77

ORDER AND PRELIMINARY INJUNCTION (1) granting [5-1] motion for Preliminary Injunction, as to the unconstitutionally unsafe conditions at Julia Tutwiler Prison for Women, as described in the companion memorandum opinion entered today, and the motion is denied as to Edwina Mitchell Work Releae Center and Birmingham Work Release Center, and as to Julia Tutwiler Prison for Women in all other respects; (2.) It is PRELIMINARILY DECLARED that the unconstitutionally unsafe conditions, resulting from overcrowded and understaffed open dorms, at Julia Tutwiler Prison for Women violate the Eighth Amendment to the United States Constitution; (3) Dfts. Don siegelman, Michael Haley, and Gladys Dees are PRELIMINARILY ENJOINED and RESTRAINED from failing to take immediate affirmative steps to redress the unconstitutionall unsafe conditions at Jurlia Tutwiler Prison for Women, (4) The dfts. are to submit to the court, by 12.30/02, a plan that redresses immediately and fully the unconstitutional conditions at Julia Tutwiler Prison for Women; the clerk of the court is DIRECTED to issue a writ of injunction; ( signed by Judge Myron H. Thompson ), copies provided; PLRA Notice Mailed to pltf.; furnished to SC. (ydw) Modified on 12/02/2002 (Entered: 12/02/2002)

Dec. 2, 2002

Dec. 2, 2002

PACER
78

ORDER denying [27-1] motion to Dismiss, denying [31-1] motion to Dismiss ( signed by Judge Myron H. Thompson ), copies provided; furnished to SC. (ydw) (Entered: 12/02/2002)

Dec. 2, 2002

Dec. 2, 2002

PACER
79

ORDER [7-1] motion for class certification by plaintiffs set for submission on 1/17/03 setting Discovery deadline to 12/30/02, parties are to jointly develop and submit to the court a record of evidence; setting Brief deadline to 1/10/03 for plaintiff, setting Brief deadline to 1/17/03 for defendants (signed by Judge Myron H. Thompson), copies provided to counsel, SC. (ajr) (Entered: 12/02/2002)

Dec. 2, 2002

Dec. 2, 2002

PACER
80

WRIT of of Injunction issued per Order and Preliminary Injunction (doc. #77) entered 12/2/02; copies mailed to counsel; copies mailed CMRRR to Don Siegelman, Michael Haley, and Gladys Deese. (ydw) (Entered: 12/03/2002)

Dec. 2, 2002

Dec. 2, 2002

PACER
81

RETURN RECEIPT CARD showing service of writ of injunction on P. LaHatte on 12/3/02 for Don Siegelman, on Kay P. Hope for Michael Haley . Answer due on 1/13/03 for Don Siegelman, for Michael Haley (ydw) (Entered: 12/05/2002)

Dec. 5, 2002

Dec. 5, 2002

PACER
83

MEMORANDUM by Linda Laube, Theresa Barron, Barbara Bush, Lachrondria Crockett, Marjorie Ewing, Wanda Goodman, Alma Gutierrez, Lisa Hereford, La'Toya Jones, Katie Moore, Terri Newby, Barbara Pelzer, April Rice, Kelli Washington, Melinda Washington in support of [82-1] motion to Amend [1-1] complaint by plaintiffs; referred to Mag. Judge Charles S. Coody (ydw) (Entered: 12/19/2002)

Dec. 18, 2002

Dec. 18, 2002

PACER
84

ORDER [82-1] motion to Amend [1-1] complaint by plaintiffs set for submission on 1/3/03 setting Brief deadline to 1/3/03 ( signed by Judge Myron H. Thompson ), copies provided; furnished to SC. (ydw) (Entered: 12/20/2002)

Dec. 20, 2002

Dec. 20, 2002

PACER
85

REPORT of Parties' Planning Meeting. Referred to Judge Thompson (djy) (Entered: 12/30/2002)

Dec. 30, 2002

Dec. 30, 2002

PACER
86

Defendants' proposed plan in RESPONSE by Michael Haley, Gladys Deese, Patricia Hood, Mary Carter to [77-1] order (Exhibits 1 thru 12 attached) Referred to Judge Myron H. Thompson (djy) (Entered: 12/30/2002)

Dec. 30, 2002

Dec. 30, 2002

PACER
87

ORDER base on the proposed plan filed by the dfts. on 12/30/02 it is ORDERED as follow: 1. the pltfs. are to file a response by 1/15/03; the dfts' proposed plan and the pltfs' response setting Oral Argument for 8:15 1/21/03 in Courtroom 2B before Judge Myron H. Thompson ( signed by Judge Myron H. Thompson ), copies provided; furnished to SC, YG, HC. (ydw) (Entered: 12/30/2002)

Dec. 30, 2002

Dec. 30, 2002

PACER
88

NOTICE OF APPEAL by Michael Haley, Don Siegelman, Gladys Deese, Patricia Hood, Mary Carter to the United States Court of Appeals, Eleventh Circuit from the "Order and Preliminary Injunction", "Writ of Injunction", "Opinion" and "Order" denying Dfts Motions to Dismiss entered in this action on December 2, 2002. FILING FEE $ 105.00 RECEIPT # 95472 Copies Provided (kcg) (Entered: 01/03/2003)

Jan. 2, 2003

Jan. 2, 2003

PACER
89

ORDER TO SHOW CAUSE as to why sanctions should not be imposed for the parties' failure to submit a joint discovery plan in compliance with the court's order: Response to Order to Show Cause due on 4:00 1/7/03 for Don Siegelman, for Mary Carter, for Hood, for Gladys Deese, for Michael Haley, for Melinda Washington, for Kelli Washington, for April Rice, for Barbara Pelzer, for Terri Newby, for Katie Moore, for La'Toya Jones, for Lisa Hereford, for Alma Gutierrez, for Wanda Goodman, for Marjorie Ewing, for Lachrondria for Barbara Bush, for Theresa Barron, for Linda Laube ( signed by Judge Myron H. Thompson ), copies provided; furnished to SC (ydw) Modified on 01/03/2003 (Entered: 01/03/2003)

Jan. 3, 2003

Jan. 3, 2003

PACER
90

JOINT MOTION by Linda Laube, Theresa Barron, Barbara Bush, Lachrondria Crockett, Marjorie Ewing, Wanda Goodman, Alma Gutierrez, Lisa Hereford, La'Toya Jones, Katie Moore, Terri Newby, Barbara Pelzer, April Rice, Kelli Washington, Melinda Washington, Michael Haley, Gladys Deese, Patricia Hood, Mary Carter for Extension of Time for filing class certification briefs ; referred to Judge Myron H. Thompson (ydw) (Entered: 01/03/2003)

Jan. 3, 2003

Jan. 3, 2003

PACER
91

MOTION by Michael Haley, Mary Carter to Dismiss, and/or Sever Mental Health Claims (w/Attachments); referred to Mag. Judge Charles S. Coody (ydw) (Entered: 01/06/2003)

Jan. 3, 2003

Jan. 3, 2003

PACER
92

MOTION by NaphCare, Inc., Francis Henderson for Leave to File A Lagal Memorandum in opposition to pltf's motion to amend their complaint (w/memorandum in opposition to pltf's motion to amend their complaint); referred to Mag. Judge Charles S. Coody (ydw) (Entered: 01/06/2003)

Jan. 3, 2003

Jan. 3, 2003

PACER
93

CONSENT ORDER EXTENDING TIME FOR FILING CLASS CERTIFICATION BRIEFS [7-1] motion for class certification by plaintiffs set for submission on 1/31/03 setting Discovery deadline to 1/13/03, by 1/20/03, the parties are jointly to develop and submit to the court a record of the evidence-depositions, stipulationsm, affidavits, etc. - that they intend the court to rely upon; setting Pltfs. Brief deadline to 1/24/03, setting dfts. Brief deadline to 1/31/03 ; this order supercedes the 12/2/02 Class Certification Scheduling Order; ( signed by Judge Myron H. Thompson ), copies provided; furnished to SC. (ydw) Modified on 01/22/2003 (Entered: 01/06/2003)

Jan. 6, 2003

Jan. 6, 2003

PACER
94

Text not available. (Entered: 01/07/2003)

Jan. 6, 2003

Jan. 6, 2003

PACER
95

REPORT of Parties' F.R.C.P. 26(f) Planning Meeting; referred to Judge Thompson. (ydw) Modified on 01/07/2003 (Entered: 01/07/2003)

Jan. 6, 2003

Jan. 6, 2003

PACER
96

ORDER granting [92-1] motion for Leave to File A Lagal Memorandum in opposition to pltf's motion to amend their complaint ( signed by Judge Myron H. Thompson ), copies provided; furnished to SC. (ydw) (Entered: 01/07/2003)

Jan. 7, 2003

Jan. 7, 2003

PACER
97

ORDER granting [82-1] motion to Amend [1-1] complaint; this order does not reach the defenses and issues raised by an appropriate motion to dismiss or transfer; ( signed by Judge Myron H. Thompson ), copies provided; furnished to SC. (ydw) (Entered: 01/07/2003)

Jan. 7, 2003

Jan. 7, 2003

PACER
98

MEMORANDUM by NaphCare, Inc., Francis Henderson in opposition to [82-1] motion to Amend [1-1] complaint by plaintiffs (w/Exhibit 1, A-E attached); referred to Mag. Judge Charles S. Coody (ydw) (Entered: 01/08/2003)

Jan. 7, 2003

Jan. 7, 2003

PACER
99

SECOND AMENDED COMPLAINT by Linda Laube, Theresa Barron, Barbara Bush, Lachrondria Crockett, Marjorie Ewing, Wanda Goodman, Alma Gutierrez, Lisa Hereford, La'Toya Jones, Katie Moore, Terri Newby, Barbara Pelzer, April Rice, Kelli Washington, Melinda Washingtonagainst MHM Correctional amending [1-1] complaint (ydw) (Entered: 01/08/2003)

Jan. 7, 2003

Jan. 7, 2003

PACER
100

MOTION containing request for oral argument by NaphCare, Inc., Francis Henderson to Dismiss, to Stay, to Transfer Claim against NaphCare to the Northern District of Alabama for consolidation with Spears ; referred to Judge Myron H. Thompson [EDIT 2/20/03 TO CORRECT YEAR IN FILED DATE-QC/DJY] (ydw) Modified on 02/20/2003 (Entered: 01/08/2003)

Jan. 7, 2003

Jan. 7, 2003

PACER
101

Response (Submission of Cause for failure to submit Joint Discovery Plan) by Linda Laube, Theresa Barron, Barbara Bush, Lachrondria Crockett, Marjorie Ewing, Wanda Goodman, Alma Gutierrez, Lisa Hereford, La'Toya Jones, Katie Moore, Terri Newby, Barbara Pelzer, April Rice, Kelli Washington, Washington to [89-1] Order to Show Cause (w/Attachments); referred to Judge Myron H. Thompson (ydw) (Entered: 01/08/2003)

Jan. 7, 2003

Jan. 7, 2003

PACER

Case Details

State / Territory: Alabama

Case Type(s):

Prison Conditions

Special Collection(s):

Post-PLRA enforceable consent decrees

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 19, 2002

Closing Date: 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All women who are now or will in the future be incarcerated in an Alabama Department of Corrections facility.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Southern Center for Human Rights (SCHR)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Birmingham Work Release Center (Birmingham), State

Julia Tutwiler Prison for Women (Wetumpka), State

Alabama Department of Corrections, State

Edwina Mitchell Work Release Center (Wetumpka), State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Equal Protection

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2004 - 2010

Content of Injunction:

Preliminary relief granted

Monitor/Master

Issues

General:

Assault/abuse by residents/inmates/students

Assault/abuse by staff

Classification / placement

Counseling

Disciplinary procedures

Food service / nutrition / hydration

Recreation / Exercise

Sanitation / living conditions

Staff (number, training, qualifications, wages)

Totality of conditions

Jails, Prisons, Detention Centers, and Other Institutions:

Administrative segregation

Disciplinary segregation

Crowding / caseload

Affected Sex or Gender:

Female

Medical/Mental Health:

Medical care, general

Medication, administration of

Mental health care, general

Type of Facility:

Government-run