Case: Plyler v. Evatt

Plyler v. Moore

Plyler v. Leeke

Supreme Court of the United States

Plyler v. Leeke

U.S. Court of Appeals for the Fourth Circuit

U.S. Court of Appeals for the Fourth Circuit

Supreme Court of the United States

U.S. Court of Appeals for the Fourth Circuit

U.S. Court of Appeals for the Fourth Circuit

Plyler v. Moore

U.S. Court of Appeals for the Fourth Circuit

MEMORANDUM by William D. Leeke, Board Of Corrections in opposition to petition for increse of attys fees. (former empl) (Entered: 03/07/1991)

MOTION by plaintiff Gary Wayne Nelson In Re: Jasper Buchanan to show cause for Disqualification of Atty. Gaston Fairey and assigned monitor J. Shupper. (bwil) (Entered: 07/08/1993)

NOTICE OF APPEAL from CWH Order filed 6/23/93 by plaintiff Gary Wayne Nelson, In. RE: Jasper Buchanan, McCormick Corr. Inst., Rt. 2, Box 100, F-4, McCormick, SC 29899. Fee Status: IFP. (bwil) (Entered: 07/08/1993)

Notice of appeal and certified copy of docket to USCA: [4-1] appeal by Gary Wayne Nelson, In Re: Jasper Buchanan. (bwil) (Entered: 07/08/1993)

MOTION by notice only Leonard . Crosby, notice only David E. Harig, notice only David . Ford, notice only Charles . Mabry, notice only Richard R. Valenti, notice only Samuel L. Wodke, notice only James R. Odom, notice only Johnny . Patterson, notice only Terry . Moore, notice only Harold . McKeivey as members of plaintiff class for order to show cause as to proposals to alleviate prison overcrowding in SCDC. (bwil) (Entered: 08/03/1993)

NOTICE of Docketing ROA from USCA Re: [4-1] appeal by Gary Wayne Nelson; IN RE: Jasper Buchanan; USCA NUMBER: 93-6751 (Case Manager: Pamela K. Stump) (bwil) (Entered: 09/24/1993)

MOTION by class representative plaintiff Les Williams for a Rule 60 Replacement of Counsel and Arrest of Judgment (several signature pages attached - class action members) (former empl) (Entered: 08/05/1993)

MEMORANDUM by plaintiff Gary Slezak in opposition to defendants' motion to modify certain provisions of the consent decree (this pleading is entitled motion to dismiss defendants' motion; forwarded to 2012 on 8- 25-93 (former empl) (Entered: 08/25/1993)

CLASS MOTION by plaintiff Gary Slezak to enforce/contempt motion of certain provisions of the consent decree (former empl) (Entered: 09/15/1993)

Certified and transmitted record on appeal to U.S. Court of Appeals: [4- 1] appeal by Gary Wayne Nelson, IN RE: Jasper Buchanan. Only documents #2,3,4 sent per request on 9/23/93 by 4CCA. (bwil) (Entered: 09/24/1993)

ORDER, directing notice be effected to the parties in this action of the proposed Compromise Agreement to Modify the Decree in the following manner: the Compromise Agreement to Modify the Decree and the Addendum letter of August 18, 1993 shall be prominently posted in all institutions of the South Carolina Dept.of corrections to include all bulletin boards and in each living area of each facility housing members of the plaintiff class; the 'Agreement' and 'addendum letter' shall be published in The State Newspaper at least once each week for four consecutive weeks commencing on or about October 20, 1993; by agreement, the defendants pay the cost of giving notice to the members of the class in the manner prescribed above. A hearing shall be held after the Court reviews all comments submitted in response to the Notice. (signed by Judge C. W. Houck) (former empl) (Entered: 10/07/1993)

NOTICE of COMPROMISE AGREEMENT TO MODIFY THE CONSENT DECREE: (copy of Compromise Agreement attached) this notice is to those who may be members of the plaintiff's class; a copy of the proposed Compromise Agreement (attached to this Notice) can be obtained for the cost of copying and mailing same by written request to the Clerk of Court; members of the class may submit written comments/objections to the Clerk in Columbia; comments submitted by the parties prior to 12/20/93 will be considered by the Court; all comments/objections will be available for review in the Clerk's Office by all counsel who have appeared in this action; if the Court determines the agreement to be an appropriate resolution of the dispute over the classification section of the Decree, it will approve the Consent Decree. (former empl) (Entered: 10/07/1993)

Deadline updated; ORAL ARGUMENTS re: population control issue and S.C.D.C.'s motion to withdraw agreement before Chief Judge C. W. Houck set for 10/28/93 at 2:30 p.m. in Florence (former empl) (Entered: 10/26/1993)

MOTION by defendant S.C.D.C. to withdraw agreement to proposed copromise agreement to modify the decree (former empl) (Entered: 10/26/1993)

MEMORANDUM by defendant S.C.D.C. in support of [11-1] motion to withdraw agreement to proposed copromise agreement to modify the decree (former empl) (Entered: 10/26/1993)

REQUEST FOR HEARING in this case by plaintiff class member Les Williams. (This document not docketed as a "motio"; a hearing has been scheduled for 10/28/93). (former empl) (Entered: 10/27/1993)

RESPONSE in opposition by plaintiff class representative Gary Wayne Nelson to defendant S.C.D.C.'s [11-1] motion to withdraw agreement to proposed copromise agreement to modify the decree (former empl) (Entered: 10/26/1993)

MOTION by defendant William D. Leeke, defendant Board Of Corrections to extend time to comply with population levels set forth in the decree (former empl) (Entered: 10/26/1993)

MEMORANDUM by defendant William D. Leeke, defendant Board Of Corrections in support of [14-1] motion to extend time to comply with population levels set forth in the decree (former empl) (Entered: 10/26/1993)

MEMORANDUM of Law by plaintiff class on issue of overcrowding (former empl) (Entered: 11/05/1993)

RESPONSE by objector James A. Clinkscale in opposition to [10-1] notice to modify consent decree. (former empl) (Entered: 12/21/1993)

Minute entry: Motion Hearing before Chief Judge C. W. Houck Witnesses/exhibits; [14-1] motion to extend time to comply with population levels set forth in the decree, [11-1] motion to withdraw agreement to proposed compromise agreement to modify the decree granting [14-1] motion to extend time to comply to time already extended; Plaintiff's oral motion to require compliance within 90 days - denied; status conference to be scheduled during the week of Jan. 3, 1994 at which time defendants to give court a status of how stands, what plan has been devised and how plans to implement; defendant S.C.D.C.'s motion to with draw agreement held in abeyance at this time. Counsel to be notified of date and time of status conference. decree (former empl) (Entered: 11/05/1993)

RESPONSE by objector Randy Poindexter in opposition to [10-1] notice to modify consent decree. (former empl) (Entered: 12/21/1993)

RESPONSE by plaintiff Gary Slezak in opposition to [10-1] notice to modify the consent decree. (former empl) (Entered: 12/21/1993)

RESPONSE by objector Tammy R. Warrington in opposition to [10-1] notice to modify the consent decree. (former empl) (Entered: 12/21/1993)

RESPONSE by objector Bryon Keith Lockhart in opposition to [10-1] notice to modify consent decree. (former empl) (Entered: 12/21/1993)

RESPONSE by objector Daniel McNair in opposition to [10-1] notice to modify consent decree. (former empl) (Entered: 12/21/1993)

RESPONSE by objector Katherine Blakely in opposition to [10-1] notice to modify consent decree. (former empl) (Entered: 12/21/1993)

RESPONSE by objector James Russell Odom, objector Douglas A. Mycko in opposition to [10-1] notice to modify consent decree. (former empl) (Entered: 12/21/1993)

RESPONSE by objector Eunice McAllister in opposition to [10-1] notice to modify consent decree. (former empl) (Entered: 12/21/1993)

RESPONSE by objector David M. Garcia in opposition to [10-1] notice to modify consent decree. (former empl) (Entered: 12/21/1993)

RESPONSE by objector William C. McCracken in opposition to [10-1] notice to modify consent decree. (former empl) (Entered: 12/21/1993)

RESPONSE by objector Charles Eugene Carpenter in opposition to [10- 1] notice to modify consent decree. (former empl) (Entered: 12/21/1993)

RESPONSE by objector Robert H. Owens in opposition to [10-1] notice to modify consent decree. (former empl) (Entered: 12/21/1993)

RESPONSE by objector Thomas Mize in opposition to [10-1] notice to modify consent decree. (former empl) (Entered: 12/21/1993)

RESPONSE by objector Frederick Belcher in opposition to [10-1] notice to modify consent decree. (former empl) (Entered: 12/21/1993)

RESPONSE by objector David M. Miller in opposition to [10-1] notice to modify consent decree. (former empl) (Entered: 12/21/1993)

RESPONSE by objector Robert Mason Hendrick in opposition to [10-1] notice to modify consent decree. [Note: the packet from this objector includes several motions.] (former empl) (Entered: 12/21/1993)

RESPONSE by objector Christopher Horlbeck in opposition to [10-1] notice to modify consent decree. (former empl) (Entered: 12/21/1993)

RESPONSE by objector Timothy L. Evans Sr. in opposition to [10-1] notice to modify consent decree. (former empl) (Entered: 12/21/1993)

RESPONSE by objector Gerald Reaves in support of proposed modified consent decree (former empl) (Entered: 12/23/1993)

RESPONSE by objector Booker T. Williams in opposition to the proposed modified consent decree (former empl) Modified on 12/23/1993 (Entered: 12/22/1993)

"36th Quarterly Report on Complaince" submitted by the defendants (S.C.D.C. Executive Assistant for Legal Settlements and Compliance, John G. Norris) (former empl) (Entered: 01/10/1994)

MOTION by plaintiff class, through counsel Gaston Fairey, for a Hearing on the issue of overcrowding (former empl) (Entered: 01/11/1994)

Status conference held before Chief Judge C. W. Houck defendant given until 2/18 to mail brief on issues of whether defendant had authority to withdraw from agreement and whether settlement was properly entered into. Plaintiffs have 5 days to respond; hearing for defendants to present proposed plan tentatively scheduled for 4/11/94 with defendants' brief due by 4/4/94. Will take approximately 1/2 - 1 day. Court to review schedule and let counsel know definite date. Court Reporter: Vince Rolland (former empl) (Entered: 02/11/1994)

MEMORANDUM by defendant William D. Leeke in support of [11-1] motion to withdraw agreement to proposed copromise agreement to modify the decree (former empl) (Entered: 02/24/1994)

BRIEF by plaintiffs re: Compromise Agreement (former empl) (Entered: 03/07/1994)

Minute entry: mooting [5-1] motion as members of plaintiff class for order to show cause as to proposals to alleviate prison overcrowding in SCDC pursuant to oral direction of Judge Houck (through law clerk Jack Barnes) (former empl) (Entered: 03/22/1994)

Transcript of 2/9/94 hearing before Hon. C. Weston Houck, Chief U.S. District Judge (bwil) (Entered: 03/31/1994)

AFFIDAVIT OF EUNICE McALLISTER, CHAIRPERSON OF SC CURE Re: mentally-ill prisoners. (bwil) (Entered: 03/31/1994)

Minute entry: denying [8-1] motion to enforce/contempt motion of certain provisions of the consent decree, denying [6-1] motion for a Rule 60 Replacement of Counsel and Arrest of Judgment; written order is being sent from Judge Houck (former empl) (Entered: 03/31/1994)

ORDER denying [6-1] motion for a Rule 60 Replacement of Counsel and Arrest of Judgment ( signed by Chief Judge C. W. Houck) (mld to parties by law clerk) (former empl) (Entered: 04/01/1994)

ORDER denying [8-1] motion to enforce/contempt motion of certain provisions of the consent decree ( signed by Chief Judge C. W. Houck) (copies mld to parties by law clerk) (former empl) (Entered: 04/01/1994)

MOTION/PETITION by defendant Board Of Corrections for Ruling concerning Four-Point Restraints. (former empl) (Entered: 05/24/1994)

MEMORANDUM by defendant Board Of Corrections in support of [47- 1] motion for Ruling concerning Four-Point Restraints. (former empl) (Entered: 05/24/1994)

MEMORANDUM by plaintiff Gary Wayne Nelson, et al in opposition to [47-1] motion for Ruling concerning Four-Point Restraints. (former empl) (Entered: 06/03/1994)

MOTION to intervene by James E.. Ellison. Original document [50-1] forwarded to Judge Houck to associate with original file. (former empl) (Entered: 07/09/1994)

MOTION by Isiah James, II, Ex parte Movant for order(s) of contempt (former empl) Modified on 08/22/1994 (Entered: 08/22/1994)

MEMORANDUM in support of [51-1] motion for order(s) of contempt by Isiah James, Jr., ex parte movant (former empl) (Entered: 08/22/1994)

Supplemental complaint received from Donald Lawing in the above- referenced matter. (former empl) (Entered: 09/08/1994)

Opinion of the 4th Circuit re: Writ of Mandamus filed by Les Williams; petition denied by unpublished per curiam opinion. (former empl) (Entered: 10/18/1994)

MOTION by Parker Evatt for modification pursuant to 18:3626 or in the alternative, for dismissal of this action (former empl) (Entered: 10/14/1994)

MEMORANDUM in support of [54-1] motion for modification pursuant to 18:3626 or in the alternative, for dismissal of this action (former empl) (Entered: 10/14/1994)

NOTICE by Michael F. Dehoney to the Court, re: 39 th Quarterly Report filed by the defendants. (former empl) (Entered: 10/22/1994)

AMENDED NOTICE of Michael F. Dehoney, re: 39th Quarterly Report. (former empl) (Entered: 10/31/1994)

MEMORANDUM by plaintiff Gary Slezak, plaintiff Les Williams, plaintiff Gary Wayne Nelson as to the applicability of Title 18 USC 3626. (former empl) (Entered: 11/03/1994)

Opinion of the 4th Circuit re: [4-1] appeal by Gary Wayne Nelson (former empl) (Entered: 11/07/1994)

CERTIFICATE OF SERVICE by plaintiff Gary Slezak, plaintiff Les Williams, plaintiff Gary Wayne Nelson (plaintiff class) of service of Plaintiff's Memorandum as to Applicability of 18:3626 on Mr. Harpootlian on 11/3/94 by mail. (former empl) (Entered: 11/09/1994)

JUDGMENT OF USCA (certified copy) Re: [4-1] appeal by Gary Wayne Nelson is that the Fourth Circuit Court of Appeals dismisses the appeal. (former empl) (Entered: 12/04/1994)

Record on Appeal returned from U.S. Court of Appeals: [4-1] appeal in one volume. (former empl) (Entered: 12/04/1994)

MEMORANDUM by defendant William D. Leeke, defendant Board Of Corrections in support of [54-1] motion for modification pursuant to 18:3626 or in the alternative, for dismissal of this action (former empl) (Entered: 12/06/1994)

AMICUS CURAE BRIEF by Michael F. DeHoney. (former empl) (Entered: 12/16/1994)

MOTION and Affidavit by movant James E.. Ellison for motion pursuant to Rule 60 , and for preliminary injunction , motion for reliefs, and for Evidentiary Hearing (former empl) Modified on 12/29/1994 (Entered: 12/29/1994)

Minute entry:, Motion Hearing before Chief Judge C. W. Houck [54-1] motion for modification pursuant to 18:3626 or in the alternative, for dismissal of this action, [11-1] motion to withdraw agreement to proposed copromise agreement to modify the decree [54-1] motion for modification pursuant to 18:3626 or in the alternative, for dismissal of this action taken under advisement, [11-1] motion to withdraw agreement to proposed copromise agreement to modify the decree taken under advisement, Court to issue written order Vince Rolland Court Reporter (former empl) (Entered: 01/10/1995)

MOTION/PETITION by W. Gaston Fairey for increase in attorney fees (former empl) (Entered: 02/27/1995)

MEMORANDUM in support of [66-1] motion for increase in attorney fees (former empl) (Entered: 02/27/1995)

AFFIDAVIT by Rochelle Romosca in support of Re: [66-1] motion for increase in attorney fees (former empl) (Entered: 02/27/1995)

AFFIDAVIT of W. Gaston Fairey in support of Re: [66-1] motion for increase in attorney fees (former empl) (Entered: 02/27/1995)

AFFIDAVIT of Tammie Pope Re: [66-1] motion for increase in attorney fees (former empl) (Entered: 02/27/1995)

MOTION by William Henley for a court order directing the defendants to provide plaintiff with psychological services/programs while he's incarcerated at Lee Correctional Institution (former empl) (Entered: 03/10/1995)

RESPONSE by defendant William D. Leeke, defendant Board Of Corrections to [66-1] motion for increase in attorney fees (former empl) (Entered: 03/20/1995)

Minute entry: mooting [40-1] motion for a Hearing on the issue of overcrowding; motions hearing held 1/95. Per CWH's law clerk, this is moot. (former empl) (Entered: 03/27/1995)

MOTION by plaintiff Gary Slezak for contempt and enforcement. (former empl) (Entered: 05/02/1995)

MEMORANDUM AGREEMENT TO MODIFY DECREE by plaintiff Gary Slezak, plaintiff Les Williams, plaintiff Gary Wayne Nelson, defendant William D. Leeke, defendant Board Of Corrections (tsin) (Entered: 05/02/1995)

Bench trial held to hear evidence and determine class plan that should be placed in operation before Chief Judge C. W. Houck; exhibits marked for ID; Defendants have until November 1 to devise a plan and present to plaintiff and implement by a pilot program; Defendants have 60 days or until January 1, 1996 to fine tune program and make any adjustments and give plan to Plaintiff; Plaintiff then has 30 days or until February 1, 1996 to file objections to plan or consent to plan; Court Reporter: Vince Rolland (tsin) (Entered: 05/03/1995)

ORDER mooting [47-1] motion for Ruling concerning Four-Point Restraints because the parties have resolved this matter by Memorandum Agreement to Modify Decree (see attached to order). The parties wish to add additions to the Nelson decree (see additions for orders). In addition, FRCP 23(e) requires notice of the proposed compromise to be given to all members of the class (notification instructions in order). ( signed by Chief Judge C. W. Houck ) eod 5/9/95 (former empl) (Entered: 05/09/1995)

NOTICE of Compromise Agreement to Modify the Consent Decree. (former empl) (Entered: 05/12/1995)

ORDER, amending [60-1] opinion appeal as follows: on the cover sheet, section 3 -- the district court number, C A-92-876-2, is added to the section (by Clerk of Fourth Circuit Court of Appeals) (former empl) (Entered: 06/14/1995)

REPLY by Tahrim Supreme C. Jihad in opposition to [73-1] memorandum (former empl) (Entered: 06/22/1995)

REPLY by Shaka Machumba Zulu X to [73-1] memorandum (former empl) (Entered: 06/28/1995)

REPLY by Michael Montgomery, Johnny Padgett, Antwine Anderson, Bo Hall, Roosevelt Issac, Kahill Thorpe, and Vincent Little to [73-1] memorandum (former empl) (Entered: 07/10/1995)

MEMORANDUM by plaintiff Gary Slezak in opposition to [73-1] memorandum (former empl) (Entered: 07/20/1995)

Letter received from Timothy L. Evans, Jr. to Judge Houck; letter sent to CWH on 8/1/95. (former empl) (Entered: 08/01/1995)

Letter received From L.J. Allen to Inmate Lampkin for Judge Houck's review; sent to CWH on 8/1/95. (former empl) (Entered: 08/01/1995)

MOTION by John Arnold, John Ray, Robert Nance, Luke Williams, James Charping, and Mitchell Sims for Mr. Fairey to withdraw as attorney (former empl) (Entered: 08/01/1995)

MEMORANDUM by John Arnold, John Ray, Robert Nance, Luke Williams, James Charping, and Mitchell Sims in support of [85-1] motion for Mr. Fairey to withdraw as attorney (former empl) (Entered: 08/01/1995)

AFFIDAVIT of John Arnold in support of Re: [85-1] motion for Mr. Fairey to withdraw as attorney w/Attachments. (former empl) (Entered: 08/01/1995)

AFFIDAVIT of Robert Nance in support of Re: [85-1] motion for Mr. Fairey to withdraw as attorney (former empl) (Entered: 08/01/1995)

AFFIDAVIT of LeRoy Drayton in support of Re: [85-1] motion for Mr. Fairey to withdraw as attorney w/attachments. (former empl) (Entered: 08/01/1995)

AFFIDAVIT of Luke Williams, III in support of Re: [85-1] motion for Mr. Fairey to withdraw as attorney (former empl) (Entered: 08/01/1995)