Case 2:05-cv-00079-WOB Document 1-1 Filed 04/29/2005EastPerangeDi1stroicft1o0f Kentucky
FILED
APR 2 9 2005
AT COVINGTON LESLIE G WHITMER
CLERK u s DISTRICT COURT

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY
COVINGTON DIVISION

James Hollingsworth,

CASE NO. ~()(!) S=7 9

and

Charles Breckenridge, and
Khalil Rahim,

CLASS ACTION COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF AND DAMAGES

and

Thomas Elliott,

and

Tray James,

and

Chance Hall,

and

Jeff Deal, and

Ron Gregory,

and

Leon Marshall,

Case 2:05-cv-00079-WOB Document 1-1 Filed 04/29/2005 Page 2 of 10

and

....

Danale Sneed,

....

and

....

Dennis Marshall,

....

and

....

Chris Dale,

....

and

....

Walter Long,

....

and

....

Keith Lawson,

....

and

....

Arthur Simpleton,

....

and

....

James Davenport,

....

and

....

Ed James,

....

and

....

Larry Gaines,

....

and

....

Rick Steele,

....

and

....

Paul Sandman,

....

2

Case 2:05-cv-00079-WOB Document 1-1 Filed 04/29/2005 Page 3 of 10
and Anthony Jordan,
and James Woodruff,
and Jason Sumpter,
and Sean Black,
and Jacob Bowen,
and James Smith,
and Dale Myerhoff,
Plaintiffs vs. John D. Rees, Commissioner, Kentucky Department of Corrections and Campbell County, Kentucky and
3

• Case 2:05-cv-00079-WOB Document 1-1 Filed 04/29/2005 Page 4 of 10
Greg L. Buckler, Jailer of Campbell County. Defendants
I. INTRODUCTION 1. Plaintiffs currently are or have been incarcerated at the Campbell County Detention Center (the Jail) at 601 Central Avenue, Newport Kentucky. Plaintiffs bring this class action complaint for injunctive and declaratory relief and nominal damages alleging that their rights under the Eighth and Fourteenth Amendments to the United States Constitution are being violated by reason of the overcrowding at the Jail.
II. JURISDICTION, VENUE AND EXHAUSTION OF ADMINISTRATIVE REMEDIES 2. This action is filed pursuant to 42 U.S.C. § 1983. Jurisdiction is conferred on this Court by 28 U.S.C. 1331 and 1343. This court has supplemental jurisdiction of Plaintiffs' state law claims pursuant to 28 U.S.C.§ 1367. 3. Venue is proper in this district under 28 U.S.C. 1391(b) since the incidents giving rise to the cause of action alleged herein are taking place in the district and some of the Defendants may be found in or reside in this district. 4. All representative plaintiffs have fully exhausted the administrative grievance process at the Campbell County Jail through all levels of administrative appeal. A copy of each representative plaintiff's grievance is attached as is the response of Defendant Buckler.
4

Case 2:05-cv-00079-WOB Document 1-1 Filed 04/29/2005 Page 5 of 10
III. PARTIES 5. Plaintiffs are current or former incarcerants in the Jail. Plaintiffs are both pre-trial and sentenced persons. 6. John D. Rees is the Commissioner of the Kentucky Department of Corrections. The Department of Corrections is obligated under the laws of Kentucky to house persons who are convicted of violations of the laws of the Commonwealth. § KRS 196.030, § 532.100. Defendant Rees is sued in his official capacity and the complaint seeks only injunctive and declaratory relief against this Defendant. 7. Campbell County is a political subdivision of the Commonwealth of Kentucky. Campbell County, through its policymakers, including the Campbell County Fiscal Court, has the responsibility for providing adequate funding for the Campbell County jail. The Fiscal Court is charged by statute with the duty of providing and maintaining a safe, secure and clean jail in the county, and where necessary contracting with another county or city for the incarceration and care of its prisoners. KRS § 441.025. Furthermore, the jail facilities that are financed and provided for by the Fiscal Court must meet the standards as set by the Kentucky Department of Corrections. KRS § 441.055. 8. Greg Buckler is the Jailer of Campbell County, and is charged by statute with operating the jail and taking care of the custody of those persons committed to the Jail. KRS § 71.020. At all times relevant to this action,
5

Case 2:05-cv-00079-WOB Document 1-1 Filed 04/29/2005 Page 6 of 10
Defendant Buckler acted under color of law. Defendant Buckler is sued in his individual capacity.
IV. FACTUAL ALLEGATIONS 9. The Jail was constructed in 1991. Its design capacity, excluding the isolation, holding and segregation cells, is for 135 prisoners. Recently, the Jail has been chronically and continuously overcrowded. The jail population has recently been as high as 276 prisoners, and during the week of April18, 2005, was 238. 10. Included in the jail population of the week of April18, 2005, were 16 parole violators and 28 control intakes, all of whom are the responsibility of the Kentucky Department of Corrections which has failed to cause to have these incarcerants transferred to a penal institution operated by the Department of Corrections. 11. The back-up of these incarcerants has been chronic, and has resulted in serious overcrowding at the Jail. This subset of the population at the Jail represents 20% of the population. 12. The response by the Kentucky Department of Corrections to the overcrowding caused by Commonwealth, as opposed to County prisoners in County jails, has merely been to reduce the standards of floor space to be available to each prisoner from 50 square feet to 40 square feet.
6

Case 2:05-cv-00079-WOB Document 1-1 Filed 04/29/2005 Page 7 of 10
13. Additionally, funds that were previously available for the expansion of local detention facilities, a fund of between twelve to fourteen million dollars, was diverted by the Kentucky legislature to other purposes.
14. The prisoner housing at the Jail consists of"dormitories" of 12 person rooms and 8 person rooms. Double bunk beds are provided for the design limits for each room. The 12 person rooms have regularly housed 21 and 22 persons, and the 8 person rooms have regularly housed 14 and 15 persons.
15. The persons in the "dorms" over the design capacity sleep on the floor. "Boats" or plastic-like frames are provided to some of the excess population, and some prisoners are required to sleep on the floor when it is deemed a security risk to the staff who have to enter the dormitory rooms and be able to walk across the floor.
16. As a result of this level of overcrowding, the persons inhabiting these rooms remain in their bunks, their "boats" or their floor space during the day as well as the night for the reason that there is only a minimal amount of floor space for standing or walking.
17. As a consequence of the literal pressing of bodies on bodies in these "dormitory" rooms, human odors permeate the rooms, the noise level during waking hours is offensive, sleep at night is intermittent, tensions are raised, and violent outbursts are frequent. No other human lives at this level of degradation.
18. On April19, 2005, Plaintiffs through counsel filed grievances with the Campbell County Jailer and met with his staff to discuss the grievances. A
7

Case 2:05-cv-00079-WOB Document 1-1 Filed 04/29/2005 Page 8 of 10
copy of the written grievances are attached hereto. The grievances complained of the overcrowding at the Campbell County Detention Center. In addition, Plaintiffs' counsel provided the Campbell County Jailer with a draft copy of the instant complaint on April 21, 2005. On April27, 2005 a written response was provided to Plaintiffs' grievances. A copy is attached hereto. The response denies that Constitutional violations are occurring, and details efforts that have been made and future plans to deal with overcrowding issues. Plaintiffs have exhausted the grievance process, and further the Campbell County Jailer alone does not have the means to redress the grievances and the Constitutional violations alleged herein.
V. CLASS ALLEGATIONS 19. This action is brought as a class action pursuant to Rule 23(b) (2) and (3) of the Federal Rules of Civil Procedure. 20. The Plaintiffs are proper representatives for the class within the meaning of Rules 23 (a) and 23 (b) (3). 21. The class consists of all persons presently and in the future incarcerated in the Campbell County Detention Center, and is a class sufficiently large that joinder of all members is impractical. 22. There are common questions of law and fact common to the class because the conduct of the Defendants violate the Constitutional rights of the Plaintiffs and all class members in a similar manner.
8

Case 2:05-cv-00079-WOB Document 1-1 Filed 04/29/2005 Page 9 of 10
23. Plaintiffs will fairly and adequately represent the class since their claims are typical of the claims of the class.
24. Plaintiffs have retained competent counsel who will vigorously pursue this action.
25. The prosecution of separate actions by individual members of the class would create risk of inconsistent or varying adjudications, which in turn would establish conflicting standards of conduct for Defendants.
26. Defendants have acted on grounds generally applicable to the class, thereby making appropriate final injunctive relief or corresponding declaratory relief with respect to the class as a whole.
27. The questions of law and fact common to the members of the class predominate over questions which apply only to individual members.
VI. FIRST CAUSE OF ACTION: 42 U.S.C. § 1983 28. The confinement of the pretrial Plaintiffs in the overcrowded conditions of the Campbell County Detention facility by the Defendants as described herein violate these Plaintiffs' rights under the Fourteenth Amendment to the United States Constitution.
VII. SECOND CAUSE OF ACTION: 42 U.S.C. § 1983 29. The confinement of the post-trial Plaintiffs in the overcrowded conditions of the Campbell County Detention facility by the Defendants as described herein violate these Plaintiffs' rights under the Eighth Amendment to the United States Constitution.
9

·-

Case 2:05-cv-00079-WOB Document 1-1 Filed 04/29/2005 Page 10 of 10

VIII. TillRD CAUSE OF ACTION: KRS § 441.025 and 441.055
30. The confinement of all Plaintiffs in the overcrowded conditions of
the Campbell County Detention facility as described herein violate Plaintiffs'
rights under KRS §441.025, and KRS § 441.055.
IX. PRAYER FOR REUEF
WHEREFORE, Plaintiffs request that this Court:
a. Assume jurisdiction of this action;
b. Certify this lawsuit as a class action on behalf of the Class;
c. Declare that Defendants' conduct violates Plaintiffs' rights under the
United States Constitution;
d. Grant appropriate injunctive relief to reduce overcrowding;
e. Award each Plaintiff nominal damages;
f. Award Plaintiffs' counsel reasonable attorneys fees pursuant to 42
u.s.c. § 1988;
g. Order such other relief as this Court deems just and proper.
Respectfully submitted
~
Robert B. Newman NEWMAN & MEEKS CO., LPA 617 Vine Street, Suite 1401 Cincinnati, Ohio 45202 513-639-7000 (phone) 513-639-7011 (facsimile) robertnewman@newman-meeks.com
Trial Counsel for the Plaintiffs

10

 
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XHE SHOWERS HAVE MCILD A N D THE 'TOIZ.E7' 1.NCELL 220 H.4S HAD -4 LEAK. A r s o , TI-I'EDRATNAGEIN 220 IS OVERTAXED'ANDI ~ A C K SUP.
W E RESPECTFULLY ASK THAI TSIE OVERCROWDING BE ENDED, .%ND TIIAT THE JAIL CEASE AI)MITTTNG N E W JNMATFS UNTIL T l f L POIWLATION IS REDUCED TO 130.

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-1'1-IEIiE ARE OFTEN 15 A N D 1 6 MEN I N 8 MAN CEL1.S. 7 MEN HAVE TO SLEEP ON THE FL0011 ON W-ORN A N D DlIiT'Y MATTRESSES. OFTEN
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']:'MESI-IOWERS HAVE MOLD A N D l'iI'E TOIL.E'.f' l.N CELL 220 :HASH A D A
L E A K . ALSO, 'I'HE DRAINAGE I N 220 IS 0VEII"iAXED AND HACKS UP.
I ' H E POIiIIONS FOR MEALS FO17 INMATES HLZS BKEN REDUCED ON OCCASION TO ACCOAMMODATETHE OVERCROWDING.
-1 0 : L E 7 ~ R I E S A B D SANITATION SUPPLIES, IKCLUDINC, TOILE1 PAI'ER ATE2 IN SHORT SUPPLY.
WE IZPSIZECT,FUT,.L.YASK THAT 'I'HE O V E I i C l i O W D I N G BE FNEIED, A.KD TI:-l:\-r THE J.AJLCEA4S'CADMITTING NEW INMATES 'UNTIL 7'HE POPULATION IS REDUCED TO 130.

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WE '1'1-11: UNDERSIGNED R E Q U E S T T H E CAMPHELL CO'UNTY JAILER AND TI'IE CAMPBELL COUNTY FISCAL COUR'T '1'0 ENID 'THE O~T:RCRO~M~DINAGT TNE CAMPBELL COUNTYJAII...
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7'HEIZE ARE MEN SLEEPING RIGHT NEXT TO TllE ONE TOILET INTHE S MAN CFLL. THOSE THAT SLEEP ON THE FLOOiZ OFTEN GET WET FROM TIIE SIIOWER.
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10TT.ETRIES AND SANJ'I~ATIONSUPPLJ ES, INCLUDING TOILET PAPER ALE IN SHORT SUPPLY.
W E I.iESPECT'€;Ul..T..YASK TL-IAT 'THE OVERCROWDING BE E'KDED, AND 1I-lATTIIE JAIL CEASE ADMITTING NEW 1.NMATESUNTIL T H E POPULATION IS RED'UCED TO 130.

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GRIEVA NcE
WE m i i UNDEIISJCNL;,U n1:yuizx THE CAMPBELL COUNTY ;JAILER
AND Tl-IE C.431.I'BELI.. CO'UN-TYFISCAL COURT TO EIVD THE OVEIiCROWL3ING AT T H E CAMPBELL COUNTY JAIL
'II<I'ERE ARE O F T E N 15 A N D 1 6 MEN 1.N8 MAN CELLS. 7 MEN H A V E TO SLEEP O N TH,EFLOOIZ O N WORN AND DllCTY MATTRESSES. OFTFN
nxosE SLEEPI'NGO N THE FLOOR DO N O IHAVE SHEETS.
"IHERE ARE M.FN SLEE.PLNG RIGL.iTNEXT TO TFIE ONE TOILET I N THE S MAN CELL.. 'THOSE THAT SLE.EP ON THE FLOOR OFTEN GET WE'T FROM T H E SHOWER.

Case 2:05-cv-00079-WOB Document 1-7 Filed 04/29/2005 Page 8 of 32

Case 2:05-cv-00079-WOB Document 1-7 Filed 04/29/2005 Page 9 of 32

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 Received:

4/27/05 12:10;

8594315147 -> NEWMAN & MEEKS;

,.¥}4-27-'C05as1e12:4:065-cFvR-0O0M0-7C9a-mWpObeBllCtyDDoecteunmtioennt 1-845943F1i5le1d4704/29/2005

I

Pxivate Of!ice:
331 Yo.clc Street Nowpott, K.enlllCky 41071 Telephone: (859) 491-5843 Facsimile: (859) 491-5932
I:!ma.il: jdvcca@fuse.net XX
Respond To: ---=-=

I
CD i
i
·I
'
CO~O~iALTHOFKENTU. CKY
Campbell County Attorney ruSTIN D. VERST
I
April27, 2005

I

i

Robert B. Newman, Esq.

!

617 Vine Street, Suite 1401 Cincinnati, OH 45202 .

I
i '
I

i

RE:

Grievance

and

potential

I
civil

action:

overcrowding

Campbell County DetentionICenter

Page 2
PTa-g5e031 oPf 052/06 U-957
Courthouse Office: 600 Columbia Street Newport. Kentudcy 41 I 'Mephone: (859) SBI-8 15 Facsimile: (859) 581-83
Respond To: - - - + - -

Dear Mr. Newman:

:

~orted Again,

First, the "response" to the the response is not meant to

~e

all

grievance is encompassing.

attached hereto for When we met with

your you,

review. as

counsel for response to

tghreiecvraonwtsd, isniggnisifsiuceanfat.acdil~lgititohneaC.ladmetpabilelwl aCsopurnotvyidDeedteonntiaocntiCoennttaekre. n

in

Additionally, it was made clear that lthe jailer and his staff were aware of the crowding

issue, that past, implemented to

present and futUre achtion and plans have deal with crowding ~ssues. Information

been implemented and/or will be was provided that detailed how

the facility and staffwere meeting ol:-
of the inmates housed in the facility~

exceeding The Jailer

the minimal constitutional requirements also expressed his desire to continue

review of conditions at the facility i~Pd to work with entities or individuals that had

concerns for the conditions, whethe~ they involved physical plant, staff or otherwise.

I

Having stated

the

al:io~e,

. .
we

. I
ke

q~ite

.

. .

sutpri~ed

,
and

disappointed

in

your

appatent

decision to proceed with litigation. We strongly request and suggest that you reconsider

that decision. The information provided clearly shows that the Campbell County Fiscal

Court and the managemen deliberately indifferent, to

t of the

the D~ention cop.s~tional

Center are not indifferent, particularly not nt;e9.s.or requ#,ements·related to conditions

of confinement of inmates hous~di!l our facilj.ty., .Quite the,opposite is true and the

actions ofthe Fiscal Court and j.ail. ~anagement p~~,~~,,(Jut, There has been no

showing that any irunate has suffereji unnecess,ary'QrW'antqn'infliction ofpain as relates

to minimal civilized measure ofl:ife,s necessit;i.es. ;As you are aware, these are the

requirements necessitated for su~c~s jp the stYle. o.f action you propose. It appears clear

this standard cannot be met. _All neqessary action will. be taken to defend the Campbell

County Fiscal Cou. rt and the Ja. i.l. Adhr rinistration. ·

Received:Cas4eI 227:0I 50-5cv1-20:01007; 9-WOB Doc85u9m4e31n5t 114-74 -> FNilEeWdMA0N4/2&9M/2E0E0K5S; PPaaggee32 of 5

•"04-27-'05 11:46 FHOM-CampbellCtyDetention 8594315147

T-503 P03/06 U-957

Robert B. Newman Page Two

' : ..
·:.

4/27/2005

Finally, future action~ de With crowding isSues as contemplated by the Fiscal Court and the Jail Admiiristration been provided to 'you. This action includes
contracting with the Boone County' 811 when their new facility comes on line. It is
anticipated this will occur in mid·M y 2005. The Fiscal Court and Jail Administration
are also in the process of designing • facility that wil,l provide an additional two hundred seventy three beds as an addition to· our current facility. The Fiscal Court, as part of this process, is pursuing a method of fin cing for the additional secure beds. Currently we are under construction for a new kit hen and laundry to serve the additional secure beds and the recently opened Restricted tody Center.

In essence, it is clear that ac. ·on is being taken to prbvide for the obligation of

Campbell County to provide for inc. ceration·ofiiunates. It is the position ofthe County

that no deprivation of constitutional magnitude currently exists. The position ofthe
ColUlty is that a clear dialogue curr . tly exists and would continue to deal with perceived

issues, rather than pursuing legal· . .·on that will-()lily serve to consume revenues and

human resources that would othernise.be used in the ongoing work to alleviate crowding

issues.

·.,i ·

·. · ·· .. ·

Thank you in advance for yq~ consider~tion of our,positioli in this matter. If you
:like have additional questions or w~mld t<;> disc~s these matters further, please contact !. either of us at your convenience..
f

;,

' j·

ustin Verst

Campbell County Attorney

County/ne~letter

·. :

J~-D-~~-

1:

Campbell Coun Legal Counsel ,,

tion Center

: ..

Cc: Campbell County Fiscal Corirt

.; :··

·.. '

Received:

4/27/05 12:11;

8594315147 -> NEWMAN & MEEKS; Page 4

li)i-27-'·C05as1e12:4:075-cFvR-0O0M0-7C9a-mWpObeBllCtyDDoecteunmtioennt 1-845943F1i5le1d4704/29/2005 '

PTa-g5e033 oPf 054/06 U-957

CAMPBELL CO TY DETENTION CENTER
INMA1E GRIEVANCE RESPONSE

Inmate name: Multiple Date ofgriev~ce: undated Cell location: Multiple

Respondent: Jailer

I
Date ofrespo~e: April25, 2005

;
Set forth herein below is information i~ response to the "grievance" delivered to the Campbell County Detention Center by Mr. Robert\Newman, counsel for some or all of listed inmates.

Initially it is to be noted that a meeting was conducted with Mr. Newman and discussion had
anq concerning the "grievances". Detail~ information was provided to counsel concerning the
various steps that have been taken that are planned to deal with crowding issues at the
facility. Additionally, a tour was provi~d to Mr. Newman that allowed his visual inspection.

'Ibis response will follow, as closely as ipossible, the outline of the grievances listed in the type written grievance supplied by Mr. Newti"tan.

It is to be noted that the individual innhates have not provided any detailed grievance dealing

with specific issues and provided no wpe or manner for response by the facility. It was made

clear to Mr. condition of

Newman that the facility and

the staff and management at the facility arc concerned with

take

I
neces$ary

steps

to

provide

a

facility

that

meets

or

exceeds

the the

constitutional requirements as understoqd by the management.

;

1. The one complaint of the inttJ.ates that permeates the remainder of issues appears to

be in

the "overcrowding" as alleged by thd
excess of the original design capaci~

inmates. The facility is holding a for the facility. The management

"number" of inmates has taken many steps

to deal with crowding issues. These inl:lude: a) No longer holding paying inmates in the main

facility, this includes federal inmates, State inmates, contract inmates from other counties and

any others within the discretion of man~ement.

b) Inmates that can be transferred to

other facilities, whether misdemeanors! or felons, are transferred to other facilities in various

parts of the Commonwealth dependenti on available bed space. This is even done with local

inmates for which the Campbell Count)j fiscal Court is required to pay a daily per diem to other

local facilities. The staff is in regular c~ntact with the Department of Corrections in the attempt

to have parole/probation/convicted stattj inmates removed from the facility as quickly as can be

accommodated. c) The Fiscal Cowt and the Detention Center are in the process of adding a

new kitchen and lalUldry facility and at¢ in the design phase of additional new secure beds. d)

A Criminal Justice Advisory Committee has been initiated to look into the issue of numbers of

inmates. This Committee has as meinber's judges from both District and Circuit Courts,

prosecutors from both levels, member !from the public defenders office, police chiefs, and a

myriad of others whose activities affeqt the jail population. E) A Restricted Custody Center

was recently opened which did free up iapproximately fifteen beds that are used for inmates to

be housed in secure beds. This facility; also provides additional rehabilitation for inmates held

in that facility.

Received:

4/27/05 12:11;

8594315147 -> NEWMAN & MEEKS; Page 5

>04-27-'.C05as1e12:4:075-cFvR-O00M0-7C9a-mWpObeBllCtyDDoecteunmtioennt 1-845943F1i5le1d4704/29/2005 PTa-g5e034 oPf 055/06 U-957

Finally, it should be noted, as was d "led to Mr. Newman on behalf of his clients, that our Fiscal Court, the Detention Center m gement and staff feel confident that the crowding has not significantly affected provision of e minimal constitutional rights or safeguards due the
inmates in the facility.

2. Sheets and Blankets: Each · ate is provided one sheet and a blanket when they are

placed into the permanent housing po ons of the facility. This is inclusive of all areas beyond

holding cells in the booking area.

ates are provided the opportunity to have their sheets

washed two times per week or as n eded based upon special circwnstance. Inmates are

provided opportunity to have blankets washed one time per month or as needed based upon

special circll.lnstance. Both of these cenarios are assuming the inmate is at the facility a

sufficient period of time. All sheets an4 blankets are clean when issued to an inmate.

I
3. Mattresses: Each inmate, in ~dition to a sheet and blanket, is issued a mattress when they are assigned to a housing area. The mattress is cleaned, prior to issue, with a solution of bleach and water and sprayed with a ~elousing solution. This is done each time before the mattress is re-issued. Some mattresse~ are more worn than others; however, when a mattress
appears no longer to be serviceable it isidiscarded.
'

4. Due to the numbers of inm4tes in a given cell, not all inmates have a bunk or are issued a "stack-a-bunk". Stack-a-b~ are not used widely in the secure area because they present a safety issue for both the inm.ales and the staff. All inmates do have a mattress to sleep
on. There is no reason for any inmatd to sleep in close proximity to the commode or shower
area other than their choice. There is ~cient area in the dorm area that this is not necessary.
Therefore, it is denied that this is occurpag beyond choice by an inmate.

5. It seems a recurring issue is !mold in the showers in the dorm areas. This is an issue

but not one that has escaped the attentipn of the staff. The issue is the result of inmates getting

into the shower and staying for lengtpy periods and/or inmates turning the showers on and

leaving the run for no apparent rewion. Additionally, the inmates are provided cleaning

supplies two times per day and choos~ not to clean or maintain the showers as well as other

areas of their living space. The a.dm.iJP.stration is now aware this provides an area of concern

and action will be taken in attempt to! remedy this issue. Examples will include reduction or

removal

of

commissary

and

other

I
priyileges

for

those

donns

where

inmates

fail

or

refuse

to

properly maintain the living area. An ~ditional alternative will be to develop a group of class

D inmates to maintain these areas. (Ibis will not remove sanctions for inmate's failure to

maintain their respective living areas.

The Fiscal Court does provide a nuiintenance person whose duties include service to the detention facility. Any time there is !a problem with "drainage", leaks in facilities these are addressed by maintenance. The persohs are punctual and provide good service to the physical
facility.

6.

Food Service: The statem~nt that portions have been reduced due to numbers of

inmates is quite simply not true. All k!.tchen staff and inmates working in the food service area,

when working with or around food !are supposed to wear gloves and hairnets. It is the

Received:

4 I 27 I 05 1 2: 1 1 ;

8594315147 -> NEWMAN & MEEKS; Page 6

JJ4-27-'C~5as1e12:4:075-cFvR-0O0M07-C9a-WmpObBellCtyDDoecteunmtioennt 1-845943F1i5le1d4704/29/2005 PTa-g5e035 oPf 056/06 U-957

managements understanding this is o~cuning. This matter will be followed up and the

procedure further clarified with kitchen staff. Deputies delivering food do not generally wear

gloves or nets. Meals served to inmat¢s in the facility are served in covered trays. The trays

are covered in the kitchen and are not uP-covered until they are delivered to each inmate in their

respective housing area

·

7. Toiletries and Sanitation: The statement that toiletries and sanitation supplies, to

include toilet paper, are in short supP,ly is not correct. The cleaning carts, with adequate

twicF supplies, are passed to each cell

a day. The facts are that the inmates do not take

mainttVn advantage of the opportunity to

their living areas. This facility has taken additional

steps as incentives to keep the do$s maintained, some with better result than others.

Recognizing that it is difficult to obtaiin compliance from the inmates the administration will

continue current programs and search ahernatives to entice inmate cleanliriess.

;

The statement that toilet paper is in shOrt supply, with rare exception, is a misstatement. Each

Sunday inmates are given one roll of toilet paper. Additional toilet paper is supplied as

necessary. Again, the perceived issue~ with toilet paper are the direct result of conduct and

activity of various inmates. Toilet pa~r is routinely used to cover air vents/ducts, windows; it

is used to put into locks in an atteml[t to create malfunctions or otherwise stop locks from

securing properly. The security of the !facility, staff and inmates has made it necessary to limit

toilet paper available to inmates.

;

The above deal with the specifics of items set forth in the typewritten grievances provided to the Detention Center by Mr. Newm~ on behalf of the various inmates. The response also deals with other issues set forth by inmlrtes, where legible, in hand written notes. It does appear that other items are attempted to be "gxjieved" by inmates. These items either cannot be read on the current documentation and/or ther~ are not specific factual allegations or information to be able to investigate and respond in an informed manner.
'
This response is not meant to be all-idclusive. It is meant to and does adequately display that the minimal constitutional rights of ini:nates are of concern to the Campbell County Detention Center and are complied with by the Qampbell County Detention Center. Further writings and suggestions by inmates and/or tho5e1 responding on behalf of inmates will be given full·
consideration by the Detention Center and the Fiscal Court.

. · ~nikJ3 .C,b.,~
Greg L. kler, Jailer Campbell County Detention Center

 
 Case 2:05-cv-00079-WOB Document 26 Filed 08/03/2005 Page 1 of 8

',' ';7 *

IN THE UNITED STATES DISTRICT COURT .FOR THE EASTERN DISTRICT OF KENTUCKY
COVINGTON DIVISION

James Hollingsworth, et al.,

..
1.

Case No. 2005-79

Plaintiffs, -vs-

.. Judge Bertelsman ....

John D. Rees, et al.

..

Defendants

....

~

FIRST AMENDED COMPLAINT

3 - 2005

I. INTRODUCTION 1. Plaintiffs currently are or have been incarcerated or will be incarcerated in the future at the Campbell County Detention Center (the Jail) at 601 Central Avenue, Newport Kentucky. Plaintiffs bring this class action complaint for injunctive and declaratory relief and nominal damages alleging that their rights under the Eighth and Fourteenth Amendments to the United States Constitution are being violated by reason of the overcrowding at the Jail.

Case 2:05-cv-00079-WOB Document 26 Filed 08/03/2005 Page 2 of 8
11. JURISDICTION, VENUE AND EXHAUSTION OF ADMINISTRATIVE REMEDIES 2. This action is filed pursuant to 42 U.S.C. !j 1983. Jurisdictionis conferred on this Court by 28 U.S.C. 1331and 1343. This court has supplemental
jurisdiction of Plaintiffs' state law claims pursuant to 28 U.S.C. 5 1367
3. Venue is proper in this district under 28 U.S.C. 1391(b) since the incidents giving rise to the cause of action alleged herein are taking place in the district and some of the Defendants may be found in or reside in this district.
4. All representative plaintiffs have fully exhausted the administrative grievance process at the Campbell County Jail through all levels of administrative appeal. A copy of each representative plaintiff's grievance was attached to the ori@ complaint and is incorporated by reference in the First Amended Complaint. The response of Defendant Buckler was attached to the original complaint and is incorporated by reference in the First Amended Complaint.
111. PARTIES 5. Plaintiffs are current, former or future incarcerants in the Jail. Plaintiffs are both pre-trial and sentenced persons. 6. John D. Rees is the Commissioner of the Kentucky Department of Corrections. The Department of Corrections is obligated under the laws of Kentucky to house persons who are convicted of violations of the laws of the Commonwealth. !jKRS 196.030,s 532.100. Defendant Rees is sued in his official
2

Case 2:05-cv-00079-WOB Document 26 Filed 08/03/2005 Page 3 of 8
capacity and the complaint seeks only injunctive and declaratory relief against this Defendant.
7. Campbell County is a political subdivision of the Commonwealth of Kentucky. Campbell County, through its policymakers, including the Campbell County Fiscal Court, has the responsibility for providing adequate funding for the Campbell County jail. The Fiscal Court is charged by statute with the duty of providing and maintaining a safe, secure and clean jail in the county, and where necessary contracting with another county or city for the
incarceration and care of its prisoners. KRS 5 441.025. Furthermore, the jail
facilities that are financed and provided for by the Fiscal Court must meet the
standards as set by the Kentucky Department of Corrections. KRS 5 441.055.
8. Greg Buckler is the Jailer of Campbell County, and is charged by statute with operating the jail and taking care of the custody of those persons
committed to the Jail. KRS 5 71.020. At all times relevant to this action,
Defendant Buckler acted under color of law. Defendant Buckler is sued in his individual capacity.
IV. FACTUAL ALLEGATIONS 9. The Jail was constructed in 1991. Its design capacity, excluding the isolation, holding and segregation cells, is for 135prisoners. Recently, the Jail has been chronically and continuously overcrowded. The jail population has recently been as high as 276 prisoners, and during the week of April 18,2005, was 238.
3

Case 2:05-cv-00079-WOB Document 26 Filed 08/03/2005 Page 4 of 8
10. Included in the jail population of the week of April 18,2005, were 16 parole violators and 28 control intakes, all of whom are the responsibility of the Kentucky Department of Correctionswhich has failed to cause to have these incarcerants transferred to a penal institution operated by the Department of Corrections.
11. The back-up of these incarcerants has been chronic, and has resulted in serious overcrowding at the Jail. This subset of the population at the Jail represents 20%of the population.
12. The response by the Kentucky Department of Corrections to the overcrowding caused by Commonwealth, as opposed to County prisoners in County jails, has merely been to reduce the standards of floor space to be available to each prisoner from 50 square feet to 40 square feet.
13. Additionally, funds that were previously available for the expansion of local detention facilities, a fund of between twelve to fourteen million dollars, was diverted by the Kentucky legislature to other purposes.
14. The prisoner housing at the Jail consists of ”dormitories” of 12 person rooms and 8 person rooms. Double bunk beds are provided for the design limits for each room. The 12 person rooms have regularly housed 21 and 22 persons, and the 8 person rooms have regularly housed 14and 15persons.
15. The persons in the ”dorms” over the design capacity sleep on the floor. “Boats” or plastic-like frames are provided to some of the excess population, and some prisoners are required to sleep on the floor when it is
4

Case 2:05-cv-00079-WOB Document 26 Filed 08/03/2005 Page 5 of 8
deemed a security risk to the staff who have to enter the dormitory rooms and be able to walk across the floor.
16. As a result of this level of overcrowding, the persons inhabiting these rooms remain in their bunks, their “boats” or their floor space during the day as well as the night for the reason that there is only a minimal amount of floor space for standing or walking.
17. As a consequence of the literal pressing of bodies on bodies in these ”dormitory” rooms, human odors permeate the rooms, the noise level during waking hours is offensive, sleep at night is intermittent,tensions are raised, and violent outbursts are frequent. No other human lives at this level of degradation.
18. On April 19,2005, Plaintiffs through counsel filed grievances with the Campbell County Jailer and met with his staff to discuss the grievances. A copy of the written grievances are attached hereto. The grievances complained of the overcrowdingat the Campbell County Detention Center. In addition, Plaintiffs’ counsel provided the Campbell County Jailer with a draft copy of the instant complaint on April 21,2005. On April 27,2005 a written response was provided to Plaintiffs’ grievances. A copy was attached to Plaintiffs’ original complaint and is incorporated by reference in Plaintiffs’ First Amended Complaint. The response denies that Constitutional violations are occurring, and details efforts that have been made and future plans to deal with overcrowding issues. Plaintiffs have exhausted the grievance process, and further the
5

Case 2:05-cv-00079-WOB Document 26 Filed 08/03/2005 Page 6 of 8
Campbell County Jailer alone does not have the means to redress the grievances and the Constitutional violations alleged herein.
V. CLASS ALLEGATIONS 19. This action is brought as a class action pursuant to Rule 23(b)(2)of the Federal Rules of Civil Procedure. 20. The Plaintiffs are proper representatives for the class within the meaning of Rules 23 (a)and 23 (b)(2). 21. The class consists of all persons presently incarcerated and all persons incarcerated within the previous one year period and all persons who may be incarcerated in the future in the Jail. The class is sufficiently large so that joinder of all members is impractical. 22. There are common questions of law and fact common to the class because the conduct of the Defendants violate the Constitutional rights of the Plaintiffs and all class members in a similar manner. 23. Plaintiffs will fairly and adequately represent the class since their claims are typical of the claims of the class. 24. Plaintiffs have retained competent counsel who will vigorously pursue this action. 25. Defendants have acted or refused to act on grounds generally applicable to the class, thereby making appropriate final injunctive relief or corresponding declaratory relief with respect to the class as a whole.
6

Case 2:05-cv-00079-WOB Document 26 Filed 08/03/2005 Page 7 of 8
VI. FIRST CAUSE OF ACTION: 42 U.S.C. § 1983
26. The confinement of the pretrial Plaintiffs in the overcrowded conditions of the Campbell County Detention facility by the Defendants as described herein violate these Plaintiffs’ rights under the Fourteenth Amendment to the United States Constitution.
VII. SECOND CAUSE OF ACTION: 42 U.S.C. § 1983 27. The confinement of the post-trial Plaintiffs in the overcrowded conditions of the Campbell County Detention facility by the Defendants as described herein violate these Plaintiffs’ rights under the Eighth Amendment to the United States Constitution.
VIII. THIRD CAUSE OF ACTION: KR!3 5 441.025 and 441.055
28. The confinement of all Plaintiffs in the overcrowded conditions of the Campbell County Detention facility as described herein violate Plaintiffs’
rights under KRS 6441.025, and KRS 8 441.055.
IX. PRAYER FOR RELIEF WHEREFORE, Plaintiffs request that this Court:
a. Assume jurisdiction of this action; b. Certify this lawsuit as a class action on behalf of the Class pursuant to Fed. R. Civ. P. 23(a) and (b)(2); c. Declare that Defendants’ conduct violates Plaintiffs’ rights under the United States Constitution; d. Grant appropriate injunctive relief to reduce overcrowding;
7

Case 2:05-cv-00079-WOB Document 26 Filed 08/03/2005 Page 8 of 8 e. Award each Plaintiff nominal damages; f. Award Plaintiffs’ counsel reasonable attorneys fees pursuant to 42
U.S.C. § 1988; g . Order such other relief as this Court deems just and proper. Respectfully submitted Robert B. Newman NEWMAN & MEEKS CO., LPA 617 Vine Street, Suite 1401 Cincinnati, Ohio 45202 513-639-7000 (phone) 513-639-7011 (facsimile) robertnewman@newman-meeks.com Trial Counsel for the Plaintiffs
8

 
 . *

Case 2:05-cv-00079-WOB Document 38-1 Filed 11/23/2005 Page 1 of 6

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY
COVINGTON DIVISION CIVIL ACTION NO. 05-79-WOB

JAMES HOLLINGSWORTH, ET AL.

V.
CAMPBELL COUNTY, KENTUCKY, ET AL.

DEFENDANTS

JOINT MOTION FOR ORDER PROVISIONALLY CERTIFYING CLASS,
PRELIMINARILY APPROVING SETTLEMENT,APPROVING FORMS AND
DISTRIBUTION OF NOTICE, AND SCHEDULING DATE FOR FINAL FAIRNESS HEARING

Plaintiffs, James Hollingsworth, Charles Breckenridge, Khalil Rahim, Thomas Elliott, Tray James, Chance Hall, Jeff Deal, Ron Gregory, Leon Marshall, Danale Sneed, Dennis Marshall, Chris Dale, Walter Long, Keith Lawson, Arthur Singleton, James Davenport, Ed James, Larry Gaines, Rick Steele, Paul Sandman, Anthony Jordan, James Woodruff, Jason Sumpter, Sean Black, Jacob Bowen, James Smith and Dale Myerhoff (hereinafter “Plaintiffs”) and Defendants, Campbell County, Greg Buckler, in his official capacity as Campbell County Jailer and in his individual capacity, and John D. Rees, in his official capacity as Commissioner of the Kentucky Department of Correction, by their undersigned counsel respectfully move this Court for an Order provisionally certifying the class pursuant to Civil Rule 23(b)(2), preliminarily approving their settlement, approving forms and distribution of notice to class
members involved in this settlement, and scheduling a final Fairness Hearing with respect to this
settlement.

Case 2:05-cv-00079-WOB Document 38-1 Filed 11/23/2005 Page 2 of 6
MEMORANDUM IN SUPPORT
In support of the foregoing Motion, the parties state as follows: 1. On April 29, 2005, Plaintiffs, James Hollingsworth, Charles Breckenridge, Khalil Rahim, Thomas Elliott, Tray James, Chance Hall, Jeff Deal, Ron Gregory, Leon Marshall, Danale Sneed, Dennis Marshall, Chris Dale, Walter Long, Keith Lawson, Arthur Singleton,
James Davenport, Ed James, Larry Gaines, Rick Steele, Paul Sandman, Anthony Jordan, James
Woodruff, Jason Sumpter, Sean Black, Jacob Bowen, James Smith and Dale Myerhoff (hereinafter “Plaintiffs”) filed the above-captioned case against Defendants, Campbell County, Greg Buckler, in his official capacity as Campbell County Jailer and in his individual capacity, and John D. Rees, in his official capacity as Commissioner of the Kentucky Department of Correction. Plaintiffs alleged that they were subject to unconstitutional conditions of confinement at the Campbell County Detention Center as a result of the number of inmates housed therein, and Defendants denied those allegations.
2. The requirements of Federal Rule 23(a) and 23(b)(2) are established, such that it is appropriate to certify the class consisting of all persons presently and in the future incarcerated in the Campbell County Detention Center.
3. This Court should designate Plaintiffs James Hollingsworth as Class Representative.
4. This Court should appoint Robert B. Newman as Counsel for the Settlement
Class. 5 . The law favors settlement of class actions, and this Court should base “its
preliminary approval of a proposed settlement upon its familiarity with the issues and evidence
of the case as well as the ms-length nature of the negotiation prior to the settlement.” In Re:
2

.

Case 2:05-cv-00079-WOB Document 38-1 Filed 11/23/2005 Page 3 of 6

Southern Ohio Correctional Facility, 173 F.R.D. 205, 211 (S.D. Ohio 1997; Spiegel, J.), citing
In Re: Dun & Bradstreet Credit Sew. Customer Litig., 130 F.R.D. 366, 369 (S.D. Ohio 1990;
Weber, J.). “If the proposed settlement appears to be the product of serious, informed, noncollusive negotiations, has no obvious deficiencies, does not improperly grant preferential treatment to class representatives or segments of the class, and falls within the range of possible approval, then the Court should direct that notice be given to the class members of a formal fairness hearing, at which evidence may be presented in support and in opposition to the
settlement.” Manualfor Complex Litig. Q 0.44 (2d ed. 1985). In light of this standard, and based
on the following, this Court should preliminarily approve the Settlement Agreement. Formal discovery in this case was taken. Plaintiffs supplied Defendants with detailed
information about their claims and interests, and Defendants supplied Plaintiffs with exhaustive information about the conditions of confinement at the Detention Center. Following discovery, counsel for the parties conducted extensive arms-length negotiations designed to resolve their differences in a manner that fully addressed their respective concerns. Having done so, the parties have reached a settlement, the terms of which are memorialized in a Proposed Consent Decree, a copy of which is attached hereto in Appendix 1.
6. Counsel for the Settlement Class and for Defendants have concluded that the proposed Settlement provides a fair conclusion to the litigation between Plaintiffs and Defendants.
7. Based upon these events, and upon the judgment of trial counsel, this Court should preliminarily determine that the proposed settlement is “fair, adequate, and reasonable, as well as consistent with the public interest.” Bailey v. Great Lakes Canning, Inc., 908 F.2d 38,42 (6th Cir. 1990);Southern Ohio Correctional Facility, supra, 173 F.R.D. at 212.

3

Case 2:05-cv-00079-WOB Document 38-1 Filed 11/23/2005 Page 4 of 6
8. The Court should also approve the forms of notice and the plan for dissemination of notice. See, e.g., Quigley Y. BranzffAimays, Znc., 85 F.R.D. 74, 77 (N.D. Tex. 1979) (Rule 23(e) “leaves the Court with virtually complete discretion as to the manner and method of notice”). As more fully described in the Plan for Notice of Class Action and Settlement (“Plan”), which is attached hereto as Appendix 2, the Plan and the contents of the proposed forms of notice are fair and reasonable. As reflected in the Plan and the forms of class notice, the Plaintiffs have complied with Federal Rule of Civil Procedure 23(e) and the requirements of due process. See, e.g., In Re: Drexel Burnham Lambert Group, Znc., 130 B.R. 910, 924 (S.D.N.Y. 1991), uff’d, 960 F.2d 285 (2d Cir. 1992). The parties will publish the Summary Notice on the Kentucky Post and the Campbell County Recorder once prior to the fmal Fairness Hearing and at Campbell County’s expense.
9. The Court should also schedule a final Fairness Hearing in order to have before it all required information necessary to determine that class certification is proper and that the settlement should be approved. See Manual for Complex Litig. Q 30.44. The Fairness Hearing will provide a forum for the Parties and opponents to explain and describe (or challenge) the terms and conditions of the class certification and settlement, including the fairness, adequacy and reasonableness of the settlement. This information will be incorporated into the various forms of notice.
CONCLUSION For the foregoing reasons, the partiesjointly and respectfully request this Court to enter an Order provisionally certifying a class action, preliminarily approving settlement and the method and forms of notice, and scheduling a Final Fairness hearing. A proposed Order is attached as Appendix 3.
4

Case 2:05-cv-00079-WOB Document 38-1 Filed 11/23/2005 Page 5 of 6
Respectfully submitted,
b B U . d m
ROBERT B. NEWMAN NEWMAN & MEEKS CO., L.P.A. 617 Vine Street, Suite 1401 Cincinnati, Ohio 45202 (513) 639-7000 (513) 381-5665
TNNIFER H. LANGEN DAMS, STEPNER, WOLTERMANN 62 DUSING, P.L.L.C. 40 W. Pike Street P.O. Box 861 Covington, ICY 41012-0861 (859) 394-6200 Phone (859) 392-7200 Fax Attorneys for Defendants, Campbell County, Kentucky and Greg L. Buckler
JEFFREY T. MIDDENDORF Justice and Public Safety Cabinet Oflice of Legal Services 125 Holmes Street, Second Floor Frankfort, KY 40601 (502) 564-3729 Attorneys for Defendant, John D. Rees
5

Case 2:05-cv-00079-WOB Document 38-1 Filed 11/23/2005 Page 6 of 6

CERTIFICATION

I hereby certify that a true and accurate copy of the foregoing was sent by U.S. mail,

postage prepaid, this

day of November, 2005 to:

Robert B. Newman Newman & Meeks 617 Vine Street Suite 1401 Cincinnati OH 45202
Rebecca Baylous Jeffrey T. Middendorf Justice and Public Safety Cabinet Office of Legal Services 125 Holmes Street, Second Floor Frankfort, KY 40602-2400

6

 
 Case 2:05-cv-00079-WOB Document 38-2 Filed 11/23/2005 Page 1 of 15

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY
COVINGTON DIVISION

CIVIL ACTION NO. 05-79-WOB

JAMES HOLLINGSWORTH, ET AL.

PLAINTIFFS

V.

AGREEMENT AND PROPOSED CONSENT DECREE

CAMPBELL COUNTY, KENTUCKY, ET AL.

DEFENDANTS

I. PRELIMINARY STATEMENT On April 29,2005, Plaintiffs, James Hollingsworth, Charles Breckenridge, Khalil Rahim,
Thomas Elliott, Tray James, Chance Hall, Jeff Deal, Ron Gregory, Leon Marshall, Danale Sneed, Dennis Marshall, Chris Dale, Walter Long, Keith Lawson, Arthur Singleton, James Davenport, Ed James, Larry Gaines, Rick Steele, Paul Sandman, Anthony Jordan, James Woodruff, Jason Sumpter, Sean Black, Jacob Bowen, James Smith and Dale Myerhoff (hereinafter “Plaintiffs”) filed the above-captioned case against Defendants, Campbell County, Greg Buckler, in his official capacity as Campbell County Jailer and in his individual capacity, and John D. Rees, in his official capacity as Commissioner of the Kentucky Department of Correction. Plaintiffs alleged that they were subject to unconstitutional conditions of confinement at the Campbell County Detention Center as a result of the number of inmates housed therein.
In addition, Plaintiffs moved to have this proceeding certified as a class action pursuant to Federal Rule 23. Plaintiffs purported to represent “all persons presently and in the future incarcerated in the Campbell County Detention Center” (“the Class”) on their own behalf and on behalf of the Class, Plaintiffs sought preliminary and permanent injunctive relief, as well as nominal damages. The parties hereby agree that the Class shall consist of all persons presently

Case 2:05-cv-00079-WOB Document 38-2 Filed 11/23/2005 Page 2 of 15
and in the future incarcerated in the Campbell County Detention Center. If the Court does not order final approval of this Agreement and Proposed Consent Decree, the Class and the County shall return to the status of the claims, defenses, and class certification immediately prior to the execution of this Agreement and Proposed Consent Decree.
Counsel for all parties represent and warrant that they have the authority to enter into this Agreement and Proposed Consent Decree.
Within seven business days after 111execution of this Agreement and Proposed Consent Decree, the parties shall move the Court for an Order preliminarily approving the Agreement and Proposed Consent Decree. The motion shall propose a newspaper advertisement giving notice of the fairness hearing which is substantially similar to the summary notice attached hereto as Appendix 1. In addition, a copy of this Agreement and Proposed Consent Decree shall be provided to each cell in the Campbell County Detention bacility. The costs of this notice shall be paid by the Defendants.
Defendants Campbell County and Buckler acknowledge that the Campbell County Detention Center (“Detention Center”) has experienced periods of time in the last year during
which it housed more inmates than it was originally designed to accommodate, given regulations
that were in effect when the Detention Center was designed. All of the parties acknowledge that a number of factors have contributed to this situation, many of which are beyond Defendants’ control, including but not limited to: stiffer penalties and more aggressive enforcement efforts for certain crimes such as driving under the influence of alcohol, flagrant non-support, and domestic violence; the length of time required for a criminal case to work its way through the state court system; the inability to transfer inmates to correctional facilities in other counties due to the lack of available space in those facilities; the inability to transfer certain convicted inmates to
2

Case 2:05-cv-00079-WOB Document 38-2 Filed 11/23/2005 Page 3 of 15
Campbell County’s less-populated Restricted Custody Center until the Kentucky Department of Corrections appropriately classifies an inmate as eligible for such a transfer; and the Detention Center’s dependence on the Kentucky Department of Corrections to promptly remove convicted and finally sentenced inmates from the Detention Center.
However, Defendants deny that the number of inmates housed at the Detention Center has ever caused the conditions of confinement at the Detention Center to fall below the minimal civilized measure of life’s necessities, which all parties concur is the standard for adjudicating Plaintiffs’ claims.
Plaintiffs, on the other hand, assert that the number of inmates housed at the Detention Center violates their rights under the Fourteenth Amendment to the United States Constitution.
This Agreement and Proposed Consent Decree represents a mutual effort to resolve Plaintiffs’ concerns about the number of inmates housed at the Detention Center and how they perceive that number to affect the conditions of their confinement, within the financial, practical and other constraints facing the Campbell County Fiscal Court, Buckler and the Department of Correctionsas they administercriminaljustice in their respectivejurisdictions. 11. COMMITMENT TO SAFE AND CIVILIZED CONDITIONS OF
CONFINEMENT Campbell County is committed to providing safe and civilized conditions of confinement consistent with the constitutional rights of those incarcerated in its jurisdiction, as it has demonstrated even before this action was initiated. In that respect, the parties recognize that Campbell County and Buckler have taken the following steps to reduce the number of inmates housed at the Detention Center:
0 Prior to June 2004, the Detention Center consistently housed between ten and twenty federal prisoners each day, for which Campbell County was paid $36 per prisoner per day. In June 2004, and in an effort to reduce the
3

Case 2:05-cv-00079-WOB Document 38-2 Filed 11/23/2005 Page 4 of 15

population at the Detention Center, Campbell County requested that federal corrections officials immediately remove all federal prisoners who were then housed at the Detention Center. From that point forward, Campbell County has refused to accept federal prisoners for lodging at the Detention Center, resulting in a significant loss of available funding for the operation of the Detention Center.

0 Prior to June 2004, the Detention Center consistently housed between 40 and 50 state inmates each month, for which Campbell County was paid $26.51 per felon per day by the Commonwealth of Kentucky. In June 2004, and in an effort to reduce the population at the Detention Center, Campbell County began removing those inmates from the Detention Center, resulting in a significant loss of available funding for the operation of the Detention Center.

0

Since June 2004, Campbell County has been sending inmates to

correctional facilities in other counties (as space at such other facilities

allows) in order to reduce the number of inmates at the Detention Center.

For each inmate that Campbell County is able to place in another county’s

correctional facility, Campbell County must pay that county between

$25.00 and $30.51 per day, plus the cost of any medical treatment

provided to that inmate.

0

In order to reduce the number of inmates who are lodged at the Detention

Center, Campbell County spent more than $1,000,000 to build a Restricted

Custody Center, which opened in April 2005. Once a Detention Center

inmate has been convicted of a Class C or D felony and has been

appropriately classified by the Kentucky Department of Corrections, the

Detention Center is now able to transfer the inmate out of the Detention

Center and into the Restricted Custody Center.

0 In order to better serve an increased number of inmates, Campbell County committed approximately $860,000 to building a new kitchen and laundry facility. The facility is currently under construction and is expected to open in December 2005.

0 In anticipation of the need for additional inmate capacity in the future, Campbell County is planning a jail expansion project which is expected to provide 256 additional secure beds in a direct supervision setting, subject to available fbnding. For purposes of this Settlement AgreementKonsent Decree, the “jail expansion project” shall be defined as and limited to the “anticipated construction of a 256 secure bed direct supervision facility.” In that regard, Campbell County has hired an architect and developed a design plan for the proposed jail expansion project.

0 Campbell County’s long range plans include turning the current Campbell County District Court into a second restricted custody center or additional

4

Case 2:05-cv-00079-WOB Document 38-2 Filed 11/23/2005 Page 5 of 15

secure beds, subject to available funding. For purposes of this settlement agreemenuconsent decree, the possible expansion of jail facilities into the current district court building shall not be considered as part of the “jail expansion project.”
In addition, the parties recognize that Campbell County and Buckler have undertaken a

number of measures to address the security and comfort of inmates at the Detention Center.

Those measures include, but are not limited to, the following:

0 Campbell County has ordered twenty-seven (27) traditional bunk beds for the general male population area. These bunk beds are expected to be received from the manufacturer in mid- to late November 2005, and Campbell County will install the bunk beds within two weeks of the date on which it receives the bunk beds from the manufacturer. The installation of these bunk beds will reduce the use of “stack-a-bunks”.

0 In conjunction with the addition of traditional bunk beds to the male population area, Campbell County will provide additional table space in the dormitories, in accordance with state regulations.
0 Campbell County is currently in the process of replacing all of the air conditioning units in the inmate housing area of the Detention Center. To date, eight units have been installed at a cost of $8,000 each, leaving four more yet to be done.

0

Campbell County has remodeled the shower areas of each dormitory and

cell in the inmate housing area of the Detention Center. The remodeling

was completed in August 2005 and cost approximately $14,000.

0

In the last two years, the Detention Center experienced a leaky roof, which

affected some of the dormitories and cells in the inmate housing area. To

address the problem, the Detention Center installed a new roof at a cost of

approximately $200,000.

0 In order to ensure that the inmate housing area is adequately heated, Campbell County spent $8,000 to replace a boiler.

0 In order to improve inmate safety, Campbell County spent more than $160,000 to upgrade the security system and replace security cameras and a sally port door.

0 In 2005, Buckler created and filled a M1-time staff nurse position to supplement the medical care inmates were already receiving from visiting physicians and a staff medical assistant.

5

Case 2:05-cv-00079-WOB Document 38-2 Filed 11/23/2005 Page 6 of 15
111. RESPONSIBILITY OF CAMPBELL COUNTY AND BUCKLER WITH RESPECT TO REDUCING NUMBER OF INMATES HOUSED AT CAMPBELL COUNTY DETENTION CENTER In addition to the aforementioned measures they have already taken as specified herein,
Campbell County and Buckler agree as follows: 1. When the new kitchen and laundry facilities open in December 2005,
approximately 800 square feet of floor space in the existing kitchen and laundry facilities will become available. Campbell County and Buckler shall remodel that space so that it may be used as an upgraded medical facility, beds for inmates who require medical isolation or medical supervision andor secure beds for general population inmates. Campbell County and Buckler reserve the sole discretion to determine how much of the space to allocate to each purpose, based on inmate needs and space that may become available for such purposes in the future through the jail expansion project or otherwise.
2. Campbell County and Buckler have entered into an agreement with Boone County that will allow the Detention Center to lodge up to thirty inmates in Boone County’s new jail. The agreement provides that Campbell County will have priority over other counties in considering requests to transfer inmates to the Boone County Jail. Such priority consideration is limited in that Campbell County shall have priority consideration for no more than thirty beds in the Boone County Jail. Campbell County and Buckler reserve the sole discretion to identify the inmates to be transferred to the Boone County Jail under that agreement and, notwithstanding the agreement, Prindle retains the sole discretion to reject an inmate transfer request from Campbell County if the operational considerations of the Boone County Jail so require. Campbell County and Buckler further reserve the right to provide for the termination of any such agreement upon the completion of the jail expansion project.
6

Case 2:05-cv-00079-WOB Document 38-2 Filed 11/23/2005 Page 7 of 15
3. Campbell County and Buckler agree to exercise best efforts to transfer inmates from the Detention Center to correctional facilities in other counties, to the extent such counties have available space in their correctional facilities and are willing to accept inmates from Campbell County, whenever the inmate population at the Detention Center reaches 220 for a period of seven consecutive days. The numbers specified in this paragraph shall not include any person received in the Campbell County Detention Center and held in the passive booking area. As used herein, the term “passive booking area” shall be defined in accordance with Appendix 2 attached hereto. In addition, Campbell County shall provide Plaintiffs’ counsel on a weekly basis with the population reports it sends to the Kentucky Department of Corrections.
4. Campbell County acknowledges that, due to population overflows, new inmates are sometimes required to sleep in “boats” on the floor until bunk space becomes available due to the release or transfer of other inmates. Campbell County agrees to use best efforts to offer bunk spaces to inmates within 10 days of the date on which they are assigned to general population. An inmate who declines the first available bunk space after his initial assignment to general population acknowledges that Campbell County may be required to offer subsequently available bunk spaces to newer inmates in order to comply with this provision, and thus forfeits any right of first refusal he might otherwise expect based on his seniority.
5. Campbell County agrees to use best efforts to ensure that the jail expansion
project referenced in Section I1 (page 4) of this Agreement and Proposed Consent Decree is actually undertaken. Toward that end, Campbell County has already hired an architect to work
on the jail expansion project and that architect has submitted plans for the design and construction of the jail expansion project. Campbell County agrees that it will undertake best efforts to obtain financing from federal, state, local or other sources so that this project may be
7

Case 2:05-cv-00079-WOB Document 38-2 Filed 11/23/2005 Page 8 of 15
undertaken. The County agrees to seek to initiate construction by the spring of 2006 and to complete construction within 18 to 24 months thereafter.
6. Upon the completion of the jail expansion project and the receipt by Campbell County of an occupancy permit that will allow the County to begin housing inmates in the proposed facility, Campbell County agrees to provide inmates who are thereafter housed in the currently existing Detention Center with at least 45 square feet of floor space per inmate. This requirement shall apply only to those cells in the existing Detention Center that are considered under current Department of Corrections regulations adequate in size to accommodate 8 or more inmates. Notwithstanding this provision, however, and after the completion of the proposed facility, Campbell County may provide less than 45 square feet of floor space per inmate in any cell or dormitory in the existing Detention Center for periods of five or fewer consecutive days due to unanticipated population overflows.
7. Campbell County and Buckler shall continue to decline regular and routine requests from federal correctional authorities to house federal prisoners in the Detention Center until the inmate population at the Detention Center falls below 200 for twenty or more consecutive days or until the jail expansion project is complete, whichever shall occur first.
8. Campbell County and Buckler shall continue working with the Kentucky Department of Corrections for the prompt classification of inmates eligible to be transferred from the Detention Center to the Campbell County Restricted Custody Center. Campbell County and Buckler shall physically move an inmate from the Detention Center to the Restricted Custody Center within twenty-four hours of receiving the appropriate classification from the Kentucky Department of Corrections. Campbell County and Buckler shall have the discretion to determine
8

Case 2:05-cv-00079-WOB Document 38-2 Filed 11/23/2005 Page 9 of 15

a particular inmate will be placed into the Campbell County Restricted Custody Center or

transferred to another facility.

9. Campbell County further agrees to hold 24 of the 124 available beds in the

Campbell County Restricted Custody Center for pretrial detainees who are eligible for school

release, work release or participation in community service programs and whom a court

authorizes to be released for such purposes.

10. Campbell County and Buckler shall also continue working with the Kentucky

Department of Corrections for the prompt transfer of state inmates to state correctional facilities

once those inmates have been convicted and finally sentenced.

11. Campbell County and Buckler will appoint a “Population / Pretrial Officer”, who

will be responsible for the management and control of the number of inmates housed at the

Detention Center. The PopulatiodPretrial Officer will, among other things:

0 Monitor the progress of inmates’ criminal proceedings;

0 Timely identify inmates who are eligible for transfer to state correctional facilities or to the Restricted Custody Center;

0 Work directly with representatives of the Kentucky Department of Corrections to facilitate the prompt classification of Class C or D convicts, so as to allow the prompt transfer of such inmates to the Restricted Custody Center;

0 Work directly with representatives of the Kentucky Department of Corrections to facilitate the prompt removal of convicted and finally sentenced inmates to state correctional facilities;

0

Monitor the availability of bed space in other county correctional facilities

and make arrangements to transfer inmates from the Detention Center to

those facilities when possible;

0

Provide information about inmates to probation, parole, prosecutors,

pretrial services personnel, and other officials in the criminal justice

system so that those officials may determine whether an inmate is eligible

to participate in a pretrial conditional release program or is an eligible

candidate for own recognizance release or a bond reduction;

9

Case 2:05-cv-00079-WOB Document 38-2 Filed 11/23/2005 Page 10 of 15
0 Undertake other duties consistent with the goal of ensuring that the number of inmates housed at the Detention Center remains reasonable; and
0 The PopulatiodPretrial Officer shall compile monthly reports on his or her activities and efforts to manage jail population. The reports shall be provided to the Fiscal Court and to Plaintiffs’ counsel.
Campbell County and Buckler agree to exercise best efforts to hire the PopulatiodPreTrial Officer within sixty (60) days of the date on which the Court issues an Order finally approving this Agreement and Proposed Consent Decree.
12. Campbell County agrees to work with the Pretrial Services Division of the Administrative Office of the Courts in order to develop a protocol for and implement a Pretrial Conditional Release Program. The goal of this Program will be to reduce the number of inmates housed at the Detention Center by releasing a significant number of eligible pretrial detainees from the Detention Center subject to conditions appropriate to each individual pretrial detainee’s circumstances.
13. Campbell County has created and agrees to continue to regularly convene a Criminal Justice Advisory Committee (“CJAC”) comprised of local circuit and district judges; prosecutors; probation and parole officers; representatives of the criminal defense bar in Campbell County; representatives of law enforcement agencies in Campbell County; Buckler and members of Detention Center administration; representatives of the Kentucky Department of Corrections; representatives of the Pretrial Services Division of the state’s Administrative Office of the Courts; and representatives of the staff at NorthKey, a local mental health care organization. The overriding purpose of the Campbell County CJAC shall be to foster communication between the various partners in the criminal justice system so that judges, prosecutors, defense attorneys, probation officers and parole officers can make informed
10

Case 2:05-cv-00079-WOB Document 38-2 Filed 11/23/2005 Page 11 of 15
recommendations and decisions regarding pleas, pre-trial release, bond, sentencing and other issues that have the potential to reduce the number of inmates housed in the Detention Center.
As part of their participation in Campbell County CJAC, the Campbell County Police Chiefs’ Association has agreed to implement a “Process and Release Program.” Under that program, the Chiefs have agreed to direct their officers to cite and release misdemeanor offenders who are not charged with crimes of domestic violence or driving under the influence, who do not otherwise pose an imminent danger to the community and who do not present a flight risk. The Police Chiefs have reserved the right for their officers to retain discretion on who will be lodged.
The Campbell County CJAC will also review crime patterns, particularly with respect to repeat offenders and mentally ill offenders; investigate practical means to address crime patterns; and otherwise consider ways to make the criminal justice system in Campbell County more efficient.
14. Campbell County and Buckler shall initiate a system of objective jail classification (“OJC”). This system of classification will provide for classification and housing of inmates based upon criteria that shall include, but not be limited to, an inmate’s charges, conduct during prior periods of incarceration and other behavioral factors. The system will also allow for the reclassification of an inmate based on the inmate’s conduct during the current period of incarceration.
15. This Agreement and Proposed Consent Decree and all of the rights and obligations set forth herein shall terminate on completion of the jail expansion project referenced in Section I1 @age 4) and Section 111, paragraph 5. Termination under this paragraph shall also be conditioned on the issuance of an occupancy permit to Campbell County by the Kentucky
11

,

Case 2:05-cv-00079-WOB Document 38-2 Filed 11/23/2005 Page 12 of 15

Department of Corrections for the facility that is built as part of the jail expansion project. Termination under this paragraph shall further be conditioned on satisfaction of the requirement that inmate population at the facility that is part of the jail expansion project not exceed the number specified in the occupancy permit for the remainder of the year in which the jail expansion project is completed. In any event, all rights and obligations set forth herein shall terminate twelve months from the date the Department of Corrections issues a certificate of occupancy for ‘tjail expansion project” as defined herein.
16. None of the aforementioned provisions shall apply to the Campbell County Restricted Custody Center or to the possible expansion of jail facilities into the current district court building, except as specifically set forth therein. IV. RESPONSIBILITY OF KENTUCKY DEPARTMENT OF CORRECTIONS WITH
RESPECT TO REDUCING NUMBER OF INMATES HOUSED AT CAMPBELL COUNTY DETENTION CENTER 1. The Kentucky Department of Corrections shall provide the Detention Center with notice of an inmate’s classification within 10 days of the date on which the Department receives
the presentence investigation and judgment documents referenced in 4 2 of 501 KAR 2:060.
2. Unless a convicted inmate is to be transferred to the Campbell County Restricted Custody Center, the Kentucky Department of Corrections shall remove the inmate from the Detention Center within 45 days of the date on which the inmate receives his final sentence. However, the Department also agrees to use best efforts to remove convicted inmates sooner in the event that Campbell County makes such a request in a particular situation.
3. The Kentucky Department of Corrections agrees that its officials and employees will cooperate with Campbell County, Buckler, and Detention Center staff in communicating

12

Case 2:05-cv-00079-WOB Document 38-2 Filed 11/23/2005 Page 13 of 15
about inmates’ conviction and sentencing status and about the Department’s plans for removing inmates from the Detention Center.
4. The Kentucky Department of Corrections agrees that it will lobby the General Assembly in support of legislation that will provide adequate h d i n g to reimburse county correctional facilities for medical expenses they incur for the medical treatment of convicted felons housed in their facilities. The Department of Corrections agrees to initiate such lobbying efforts no later than the expiration of the 2006 legislative session. V. SETTLEMENT OF ALL CLAIMS
1. Upon the completion of the jail expansion project referred to herein, Plaintiffs on their own behalf and as representatives of “the class of persons who currently are or who have been incarcerated at the Campbell County Detention Center from April 29, 2004, to the present, and all individuals who will be incarcerated at the Campbell County Detention Center in the future”, hereby completely and unconditionally release Defendants, Campbell County, Jailer Greg Buckler in his oMicia1 and individual capacities, and Commissioner Rees from any and all liability on account of any and all present and future actions, causes of actions, claims, demands,
costs and expenses (including attorneys‘ fees under 42 U.S.C. 6 1988), arising out of the
allegations contained in the Complaint filed in Hollingsworth et a1 v. Rees et al, United States District Court for the Eastern District of Kentucky, Case No. 05-79-WOB.
2. Plaintiffs understand and agree that this settlement is a compromise of a disputed claim and that the Defendants specifically deny that they have violated any of Plaintiffs’ constitutional rights.
13

Case 2:05-cv-00079-WOB Document 38-2 Filed 11/23/2005 Page 14 of 15
3. Plaintiffs further acknowledge and agree that no promises, agreements or representations not contained herein have been made to them and that this document contains the full and complete agreement and proposed consent decree.
4. Upon the completion of the jail expansion project referred to herein, Plaintiffs agree to dismiss with prejudice the action styled Hollingsworth et a1 v. Rees et al, United States District Court for the Eastern District of Kentucky, Case No. 05-79-WOB. Plaintiffs further agree to execute or cause their attorneys to execute any and all supplementary documents, including but not limited to an Agreed Order of Dismissal with prejudice, and to take any and all supplementary steps necessary to give full force and effect to the terms and intent of this Agreement and Proposed Consent Decree.
5. Plaintiffs’ counsel may file a fee petition against the County with the Court for an
award of fees pursuant to 42 U.S.C. 0 1988.
6 . This Agreement and Proposed Consent Decree may only be enforced in the United States District Court for the Eastern District of Kentucky by Plaintiffs’ counsel in the event of any claim of breach by any present or future inmate of the Campbell County Detention Center during the term of this Agreement and Proposed Consent Decree. Plaintiffs specifically agree not to employ any attorney other than Robert B. Newman for the purpose of enforcing this Agreement and Proposed Consent Decree.
The parties are hereby ordered to abide by the terms of the Agreement and Proposed Consent Decree.
JUDGE WILLIAM 0. BERTELSMAN
14

Case 2:05-cv-00079-WOB Document 38-2 Filed 11/23/2005 Page 15 of 15 AGREED TO BY:

ROBERT B. NEWMAN NEWMAN & MEEKS CO., L.P.A. 617 Vine Street, Suite 1401 Cincinnati, OH 45202 (5 13) 639-7000 Phone (513) 639-7011 F a
Attorney for Plaintiffs
REBECCA BAYLOUS JEFFREY T. MIDDENDORF Justice and Public Safety Cabinet Office of Legal Services 125 Holmes Street, 2ndFloor Frankfort, KY 40602-2400 (502) 564-3729
Attorneys for Defendant, John D. Rees
23 1733.10

JEFFREY C. h4ANDO ADAMS, STEPNER, WOLTERMANN & DUSING, P.L.L.C. 40 W. Pike Street P.O. Box 861 Covington, KY 41012-0861 (859)394-6200 Phone (859)392-7200 F a
Attorneys for Defendants, Campbell County, Kentucky and Greg L. Buckler

15

 
 r . - . ‘ Case 2:05-cv-00079-WOB Document 38-3 Filed 11/23/2005 Page 1 of 3

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY
COVINGTON DIVISION CIVIL ACTION NO. 05-79-WOB
JAMES HOLLINGSWORTH, ET AL.
V.
CAMPBELL COUNTY, KENTUCKY, ET AL.

PLAINTIFFS DEFENDANTS

SUMMARY NOTICE OF CLASS ACTION AND PROPOSED SETTLEMENT

TO: ALL PERSONS INCARCERATED AT THE CAMPBELL COUNTY DETENTION CENTER AND ALL PERSONS WHO WILL I N THE FUTURE BE INCARCERATED AT THE CAMPBELL COUNTY DETENTION CENTER
Please read this notice carefully. It affects your rights. WHY YOU ARE RECEIVING THIS NOTICE
In August 2005, several inmates at the Campbell County Detention Center in Newport, Kentucky (hereinafter “Detention Center”), filed a federal lawsuit against Campbell County, Campbell County Jailer Greg Buckler, and the Kentucky Department of Corrections. They alleged that the Detention Center was overcrowded and that such overcrowding caused unconstitutional conditions of confinement to exist at the Detention Center.
The lawsuit has been certified as a class action, which means that it has been brought on behalf of all persons currently incarcerated at the Detention Center and all persons who will in the future be incarcerated at the Detention Center. As a person who is either currently incarcerated at the Campbell County Detention Center or who will be incarcerated there in the future, you are a member of the class that was certified. Therefore, your rights will be affected by this lawsuit.

Case 2:05-cv-00079-WOB Document 38-3 Filed 11/23/2005 Page 2 of 3

PROPOSED SETTLEMENT OF THIS LAWSUIT

After much negotiation, the parties and their attorneys have reached an agreement that

will settle the lawsuit. There are many terms and conditions of the proposed settlement, but

generally, the settlement requires Campbell County to take specific measures designed to control

the number of inmates housed in the Detention Center. For example, the proposed settlement

requires Campbell County to transfer inmates to other county correctional facilities upon certain

conditions, more quickly release state inmates to state correctional facilities upon certain

conditions, and expand the overall capacity of its detention facilities. In exchange, the claims

asserted by the class must be dismissed.

Of course, this is merely a general summary of the requirements of the proposed

settlement. For more detailed information about the proposed settlement or if you have

questions about how the settlement will affect your rights, please contact class counsel: Robert

B. Newman, Newman & Meeks, Co., L.P.A., 617 Vine Street, Suite 1401, Cincinnati, Ohio

45202. As class counsel, Mr. Newman should be considered your attorney, and you may discuss

matters freely and in confidence with him.

NOTICE OF HEARING

A public hearing regarding the reasonableness of the proposed settlement will be held on

at

a.m. at

The United States District Courthouse 35 West Fifth Street Covington, Kentucky Courtroom 4A

If you wish to comment on the fairness, adequacy and reasonableness of the proposed settlement, you may do so in writing by mailing or personally delivering to the Clerk of Court a
2

Case 2:05-cv-00079-WOB Document 38-3 Filed 11/23/2005 Page 3 of 3
letter explaining why you are satisfied or dissatisfied with the terms of the proposed settlement.
In order to be considered, all written comments must be received by the Clerk on or before -
Whether or not you send written comments, you may also appear at the public hearing and present any comments you may have.
FURTHER INFORMATION AVAILABLE The description in this summary notice is general only and does nor purport to provide a complete statement of the class action or proposed settlement. Any questions you may have about the matters asserted in this notice should not be made to the Court but should instead be directed to Class Counsel, Robert B. Newman, Newman & Meeks, Co., L.P.A., 617 Vine Street, Suite 1401, Cincinnati, Ohio 45202. Certain of the pleadings and other papers filed in this action are also available for inspection at the office of the Clerk of Court, U.S. Courthouse, Eastern District of Kentucky at Covington, 35 West 5” Street, P.O. Box 1073, Covington, Kentucky 41012-1073. Written comments should be addresses to the Clerk of Court, U.S. Courthouse, Eastern District of Kentucky at Covington, 35 West 5‘h Street, P.O. Box 1073, Covington, Kentucky 41012-1073. Please write at the heading the case name of “Hollingsworth v. Campbell County. Case No. 05-79-WOB.” Please do not call the Court or the Clerk of Court regarding this matter. Court personnel are not allowed to discuss the issues of the case with the members of the class.
3

 
 Case 2:05-cv-00079-WOB Document 38-4 Filed 11/23/2005 Page 1 of 3

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY
COVINGTON DIVISION CIVIL ACTION NO. 05-79-WOB
JAMES HOL INGSWORTH, ET AL.
V.
CAMPBELL COUNTY, KENTUCKY, ET AL.

PL "TIFFS DEFENDANTS

PROPOSED ORDER
This matter is before the Court on the parties' Joint Motion for Order Provisionally Certifying Class, Preliminarily Approving Settlement, Approving Forms and Distribution of Notice, and Scheduling Date for Final Fairness Hearings. The Court has reviewed the Plaintiffs' qualifications for class status; finds that Plaintiffs satisfy the requirements for class certification as required by Civil Rule 23(a) and 23(b)(2); and therefore rules that class certification is appropriate.
The Court has been regularly kept abreast of the parties' efforts to resolve the issues raised in the Complaint. The Court has reviewed the Settlement Agreement and Proposed Consent Decree submitted by the parties, as well as the notices the parties have prepared and the parties' plans for distributing such notices. The Court preliminarily approves the terms of the proposed settlement, and also approves the notices and the plans for distributing the notices.
IT IS HEREBY ORDERED as follows: The class of persons currently incarcerated at the Campbell County Detention Center and all persons who will be incarcerated there in the future is provisionally certified pursuant to Civil Rule 23(b)(2).

Case 2:05-cv-00079-WOB Document 38-4 Filed 11/23/2005 Page 2 of 3

James Hollingsworth is appointed the representative of the aforementioned class.

Robert B. Newman is appointed legal counsel for the aforementioned class.

The Settlement Agreement and Proposed Consent Decree is preliminarily approved.

The parties shall begin distributing notice of the fairness hearing to members of the class,

in accordance with the notices and forms submitted as part of their Joint Motion. The Summary

Notice shall be published once in the Kentucky Post and once in the Campbell County Recorder

prior to the Final Fairness Hearing, which will be held on

,2005.

Defendant Campbell County shall bear the expense of said publications.

In addition, Defendant Campbell County shall post a copy of the Settlement and

Proposed Consent Decree in each cell at the Campbell County Detention Center, as well as in the

lobby of the Campbell County Detention Center. Should any inmate at the Campbell County

Detention Center wish to send comments regarding the Proposed Consent Decree, the Campbell

County Detention Center shall provide one sheet of writing paper to the inmate for that purpose.

Notices shall be accomplished on ir before

IT IS SO ORDERED, this

day of November, 2005.

William 0. Bertelsman, Judge

2

, -_ Case 2:05-cv-00079-WOB Document 38-4 Filed 11/23/2005 Page 3 of 3 I
Agreed To By: Robert B. Newman Newman & Meeks Co., L.P.A. 617 Vine Street, Suite 1401 Cincinnati, OH 45202 Jeffrey C. Mando Jennifer H. Langen Adams, Stepner, Woltermann & Dusing PLLC 40 W. Pike Street P.O. Box 861 Covington, KY 41012 Rebecca Baylous Jeffiey T. Middendorf Justice and Public Safety Cabinet Office of Legal Services 125 Holmes Street, Second Floor Frankfort, KY 4060 1
245472. I
3

 
 Case 2:05-cv-00079-WOB Document 45 Filed 02/07/2006 Page 1 of 15

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY
COVINGTON DIVISION
CIVIL ACTION NO. 05-79-WOB

JAMES HOLLINGSWORTH, ET AL.

vs.

AGREEMENT AND CONSENT DECREE

CAMPBELL COUNTY, KENTUCKY, ET AL.

%agtmDi f genw?#
-I% IDi
FEB 7
AT COWNOTON LESLIE 0 WHITMER CLERK U 8 DISTRICT COURT
PLAINTIFFS
DEFENDANTS

I. PRELIMINARY STATEMENT On April 29, 2005, Plaintiffs, James Hollingsworth, Charles Breckenridge, Khalil Rahim,
Thomas Elliott, Tray James, Chance Hall, Jeff Deal, Ron Gregory, Leon Marshall, Danale
Sneed, Dennis Marshall, Chris Dale, Walter Long, Keith Lawson, Arthur Singleton, James Davenport, Ed James, Larry Gaines, Rick Steele, Paul Sandman, Anthony Jordan, James
Woodruff, Jason Sumpter, Sean Black, Jacob Bowen, James Smith and Dale Myerhoff (hereinafter “Plaintiffs”) filed the above-captioned case against Defendants, Campbell County, Greg Buckler, in his official capacity as Campbell County Jailer and in his individual capacity, and John D. Rees, in his official capacity as Commissioner of the Kentucky Department of Correction. Plaintiffs alleged that they were subject to unconstitutional conditions of confinement at the Campbell County Detention Center as a result of the number of inmates housed therein.
In addition, Plaintiffs moved to have this proceeding certified as a class action pursuant to Federal Rule 23. Plaintiffs purported to represent “all persons presently and in the future incarcerated in the Campbell County Detention Center” (“the Class”) on their own behalf and on behalf of the Class, Plaintiffs sought preliminary and permanent injunctive relief, as well as

Case 2:05-cv-00079-WOB Document 45 Filed 02/07/2006 Page 2 of 15
nominal damages. The parties hereby agree that the Class shall consist of all persons presently and in the future incarcerated in the Campbell County Detention Center.
Counsel for all parties represent and warrant that they have the authority to enter into this Agreement and Consent Decree.
Defendants Campbell County and Buckler acknowledge that the Campbell County Detention Center (“Detention Center”) has experienced periods of time in the last year during which it housed more inmates than it was originally designed to accommodate, given regulations that were in effect when the Detention Center was designed. All of the parties acknowledge that a number of factors have contributed to this situation, many of which are beyond Defendants’ control, including but not limited to: stiffer penalties and more aggressive enforcement efforts for certain crimes such as driving under the influence of alcohol, flagrant non-support, and domestic violence; the length of time required for a criminal case to work its way through the state court system; the inability to transfer inmates to correctional facilities in other counties due to the lack of available space in those facilities; the inability to transfer certain convicted inmates to Campbell County’s less-populated Restricted Custody Center until the Kentucky Department of Corrections appropriately classifies an inmate as eligible for such a transfer; and the Detention Center’s dependence on the Kentucky Department of Corrections to promptly remove convicted and finally sentenced inmates fiom the Detention Center.
However, Defendants deny that the number of inmates housed at the Detention Center has ever caused the conditions of confinement at the Detention Center to fall below the minimal civilized measure of life’s necessities, which all parties concur is the standard for adjudicating Plaintiffs’ claims.
2

Case 2:05-cv-00079-WOB Document 45 Filed 02/07/2006 Page 3 of 15

Plaintiffs, on the other hand, assert that the number of inmates housed at the Detention

Center violates their rights under the Fourteenth Amendment to the United States Constitution.

This Agreement and Consent Decree represents a mutual effort to resolve Plaintiffs’

concerns about the number of inmates housed at the Detention Center and how they perceive that

number to affect the conditions of their confinement, within the financial, practical and other

constraints facing the Campbell County Fiscal Court, Buckler and the Department of Corrections

as they administer criminaljustice in their respective jurisdictions.

11. COMMITMENT TO SAFE AND CIVILIZED CONDITIONS OF CONFINEMENT

Campbell County is committed to providing safe and civilized conditions of confinement

consistent with the constitutional rights of those incarcerated in its jurisdiction, as it has

demonstrated even before this action was initiated. In that respect, the parties recognize that

Campbell County and Buckler have taken the following steps to reduce the number of inmates

housed at the Detention Center:

0 Prior to June 2004, the Detention Center consistently housed between ten and twenty federal prisoners each day, for which Campbell County was paid $36 per prisoner per day. In June 2004, and in an effort to reduce the population at the Detention Center, Campbell County requested that federal corrections officials immediately remove all federal prisoners who were then housed at the Detention Center. From that point forward, Campbell County has refused to accept federal prisoners for lodging at the Detention Center, resulting in a significant loss of available funding for the operation of the Detention Center.

Prior to June 2004, the Detention Center consistently housed between 40 and 50 state inmates each month, for which Campbell County was paid $26.51 per felon per day by the Commonwealth of Kentucky. In June 2004, and in an effort to reduce the population at the Detention Center, Campbell County began removing those inmates from the Detention Center, resulting in a significant loss of available funding for the operation of the Detention Center.

0

Since June 2004, Campbell County has been sending inmates to

correctional facilities in other counties (as space at such other facilities

3

Case 2:05-cv-00079-WOB Document 45 Filed 02/07/2006 Page 4 of 15
allows) in order to reduce the number of inmates at the Detention Center. For each inmate that Campbell County is able to place in another county’s correctional facility, Campbell County must pay that county between $25.00 and $30.51 per day, plus the cost of any medical treatment provided to that inmate.
In order to reduce the number of inmates who are lodged at the Detention Center, Campbell County spent more than $1,000,000 to build a Restricted Custody Center, which opened in April 2005. Once a Detention Center inmate has been convicted of a Class C or D felony and has been appropriately classified by the Kentucky Department of Corrections, the Detention Center is now able to transfer the inmate out of the Detention Center and into the Restricted Custody Center.
0 In order to better serve an increased number of inmates, Campbell County committed approximately $860,000 to building a new kitchen and laundry facility. The facility is currently under construction and is expected to open in December 2005.
0 In anticipation of the need for additional inmate capacity in the future, Campbell County is planning a jail expansion project which is expected to provide 256 additional secure beds in a direct supervision setting, subject to available funding. For purposes of this Settlement AgreementlConsent Decree, the “jail expansion project” shall be defined as and limited to the “anticipated construction of a 256 secure bed direct supervision facility.” In that regard, Campbell County has hired an architect and developed a design plan for the proposed jail expansion project.
0 Campbell County’s long range plans include turning the current Campbell County District Court into a second restricted custody center or additional secure beds, subject to available funding. For purposes of this settlement agreementlconsent decree, the possible expansion of jail facilities into the current district court building shall not be considered as part of the “jail expansion project.”
In addition, the parties recognize that Campbell County and Buckler have undertaken a
number of measures to address the security and comfort of inmates at the Detention Center.
Those measures include, but are not limited to, the following:
0 Campbell County has ordered twenty-seven (27) traditional bunk beds for the general male population area. These bunk beds are expected to be received from the manufacturer in mid- to late November 2005, and Campbell County will install the bunk beds within two weeks of the date on which it receives the bunk beds from the manufacturer. The installation of these bunk beds will reduce the use of “stack-a-bunks”.
4

Case 2:05-cv-00079-WOB Document 45 Filed 02/07/2006 Page 5 of 15
In conjunction with the addition of traditional bunk beds to the male population area, Campbell County will provide additional table space in the dormitories, in accordance with state regulations.
Campbell County is currently in the process of replacing all of the air conditioning units in the inmate housing area of the Detention Center. To date, eight units have been installed at a cost of $8,000 each, leaving four more yet to be done.
Campbell County has remodeled the shower areas of each dormitory and cell in the inmate housing area of the Detention Center. The remodeling was completed in August 2005 and cost approximately $14,000.
In the last two years, the Detention Center experienced a leaky roof, which affected some of the dormitories and cells in the inmate housing area. To address the problem, the Detention Center installed a new roof at a cost of approximately $200,000.
In order to ensure that the inmate housing area is adequately heated, Campbell County spent $8,000 to replace a boiler.
In order to improve inmate safety, Campbell County spent more than
$160,000 to upgrade the security system and replace security cameras and a sally port door.
In 2005, Buckler created and filled a full-time staff nurse position to supplement the medical care inmates were already receiving from visiting physicians and a staff medical assistant.
111. RESPONSIBILITY OF CAMPBELL COUNTY AND BUCKLER WITH RESPECT TO REDUCING NUMBER OF INMATES HOUSED AT CAMPBELL COUNTY DETENTION CENTER
In addition to the aforementioned measures they have already taken as specified herein,
Campbell County and Buckler agree as follows:
1. When the new kitchen and laundry facilities open in December 2005,
approximately 800 square feet of floor space in the existing kitchen and laundry facilities will
become available. Campbell County and Buckler shall remodel that space so that it may be used
as an upgraded medical facility, beds for inmates who require medical isolation or medical
supervision andor secure beds for general population inmates. Campbell County and Buckler
5

Case 2:05-cv-00079-WOB Document 45 Filed 02/07/2006 Page 6 of 15
reserve the sole discretion to determine how much of the space to allocate to each purpose, based on inmate needs and space that may become available for such purposes in the future through the jail expansion project or otherwise.
2. Campbell County and Buckler have entered into an agreement with Boone County that will allow the Detention Center to lodge up to thirty inmates in Boone County’s new jail. The agreement provides that Campbell County will have priority over other counties in considering requests to transfer inmates to the Boone County Jail. Such priority consideration is limited in that Campbell County shall have priority consideration for no more than thirty beds in the Boone County Jail. Campbell County and Buckler reserve the sole discretion to identify the inmates to be transferred to the Boone County Jail under that agreement and, notwithstandingthe agreement, Prindle retains the sole discretion to reject an inmate transfer request from Campbell County if the operational considerations of the Boone County Jail so require. Campbell County and Buckler further reserve the right to provide for the termination of any such agreement upon the completion of the jail expansion project.
3. Campbell County and Buckler agree to exercise best efforts to transfer inmates from the Detention Center to correctional facilities in other counties, to the extent such counties have available space in their correctional facilities and are willing to accept inmates from Campbell County, whenever the inmate population at the Detention Center reaches 220 for a period of seven consecutive days. The numbers specified in this paragraph shall not include any person received in the Campbell County Detention Center and held in the passive booking area. As used herein, the term “passive booking area” shall be defined in accordance with Appendix 2 attached hereto. In addition, Campbell County shall provide Plaintiffs’ counsel on a weekly basis with the population reports it sends to the Kentucky Department of Corrections.
6

Case 2:05-cv-00079-WOB Document 45 Filed 02/07/2006 Page 7 of 15
4. Campbell County acknowledges that, due to population overflows, new inmates are sometimes required to sleep in “boats” on the floor until bunk space becomes available due to the release or transfer of other inmates. Campbell County agrees to use best efforts to offer bunk spaces to inmates within 10 days of the date on which they are assigned to general population. An inmate who declines the first available bunk space after his initial assignment to general population acknowledges that Campbell County may be required to offer subsequently available bunk spaces to newer inmates in order to comply with this provision, and thus forfeits any right of first refusal he might otherwise expect based on his seniority.
5. Campbell County agrees to use best efforts to ensure that the jail expansion project referenced in Section I1 @age 4) of this Agreement and Consent Decree is actually undertaken. Toward that end, Campbell County has already hired an architect to work on the jail expansion project and that architect has submitted plans for the design and construction of the jail expansion project. Campbell County agrees that it will undertake best efforts to obtain financing from federal, state, local or other sources so that this project may be undertaken. The County agrees to seek to initiate construction by the spring of 2006 and to complete construction within 18 to 24 months thereafter.
6 . Upon the completion of the jail expansion project and the receipt by Campbell County of an occupancy permit that will allow the County to begin housing inmates in the proposed facility, Campbell County agrees to provide inmates who are thereafter housed in the currently existing Detention Center with at least 45 square feet of floor space per inmate. This requirement shall apply only to those cells in the existing Detention Center that are considered under current Department of Corrections regulations adequate in size to accommodate 8 or more inmates. Notwithstanding this provision, however, and after the completion of the proposed
7

Case 2:05-cv-00079-WOB Document 45 Filed 02/07/2006 Page 8 of 15
facility, Campbell County may provide less than 45 square feet of floor space per inmate in any
cell or dormitory in the existing Detention Center for periods of five or fewer consecutive days due to unanticipated population overflows.
7. Campbell County and Buckler shall continue to decline regular and routine requests from federal correctional authorities to house federal prisoners in the Detention Center until the inmate population at the Detention Center falls below 200 for twenty or more consecutive days or until the jail expansion project is complete, whichever shall occur first.
8. Campbell County and Buckler shall continue working with the Kentucky Department of Corrections for the prompt classification of inmates eligible to be transferred from the Detention Center to the Campbell County Restricted Custody Center. Campbell County and Buckler shall physically move an inmate from the Detention Center to the Restricted Custody Center within twenty-four hours of receiving the appropriate classification from the Kentucky Department of Corrections. Campbell County and Buckler shall have the discretion to determine a particular inmate will be placed into the Campbell County Restricted Custody Center or transferred to another facility.
9. Campbell County further agrees to hold 24 of the 124 available beds in the Campbell County Restricted Custody Center for pretrial detainees who are eligible for school release, work release or participation in community service programs and whom a court authorizesto be released for such purposes.
10. Campbell County and Buckler shall also continue working with the Kentucky Department of Corrections for the prompt transfer of state inmates to state correctional facilities once those inmates have been convicted and finally sentenced.
8

Case 2:05-cv-00079-WOB Document 45 Filed 02/07/2006 Page 9 of 15
11. Campbell County and Buckler will appoint a “Population / Pretrial Officer”, who
will be responsible for the management and control of the number of inmates housed at the
Detention Center. The Populatioflretrial Officer will, among other things:
Monitor the progress of inmates’ criminal proceedings;
Timely identify inmates who are eligible for transfer to state correctional facilities or to the Restricted Custody Center;
Work directly with representatives of the Kentucky Department of Corrections to facilitate the prompt classification of Class C or D convicts, so as to allow the prompt transfer of such inmates to the Restricted Custody Center;
Work directly with representatives of the Kentucky Department of Corrections to facilitate the prompt removal of convicted and finally sentenced inmates to state correctional facilities;
0 Monitor the availability of bed space in other county correctional facilities and make arrangements to transfer inmates from the Detention Center to those facilities when possible;
Provide information about inmates to probation, parole, prosecutors, pretrial services personnel, and other officials in the criminal justice system so that those officials may determine whether an inmate is eligible to participate in a pretrial conditional release program or is an eligible candidate for own recognizance release or a bond reduction;
Undertake other duties consistent with the goal of ensuring that the number of inmates housed at the Detention Center remains reasonable; and
The Populatioflretrial Officer shall compile monthly reports on his or her activities and efforts to manage jail population. The reports shall be provided to the Fiscal Court and to Plaintiffs’ counsel.
Campbell County and Buckler agree to exercise best efforts to hire the Population/Pre-
Trial Officer within sixty (60) days of the date on which the Court issues an Order finally
approving this Agreement and Consent Decree.
12. Campbell County agrees to work with the Pretrial Services Division of the
Administrative Office of the Courts in order to develop a protocol for and implement a Retrial
9

Case 2:05-cv-00079-WOB Document 45 Filed 02/07/2006 Page 10 of 15
Conditional Release Program. The goal of this Program will be to reduce the number of inmates housed at the Detention Center by releasing a significant number of eligible pretrial detainees from the Detention Center subject to conditions appropriate to each individual pretrial detainee’s circumstances.
13. Campbell County has created and agrees to continue to regularly convene a Criminal Justice Advisory Committee (“CJAC”) comprised of local circuit and district judges; prosecutors; probation and parole officers; representatives of the criminal defense bar in Campbell County; representatives of law enforcement agencies in Campbell County; Buckler and members of Detention Center administration; representatives of the Kentucky Department of Corrections; representatives of the Pretrial Services Division of the state’s Administrative Office of the Courts; and representatives of the staff at NorthKey, a local mental health care organization. The overriding purpose of the Campbell County CJAC shall be to foster communication between the various partners in the criminal justice system so that judges, prosecutors, defense attorneys, probation officers and parole officers can make informed recommendations and decisions regarding pleas, pre-trial release, bond, sentencing and other issues that have the potential to reduce the number of inmates housed in the Detention Center.
As part of their participation in Campbell County CJAC, the Campbell County Police Chiefs’ Association has agreed to implement a “Process and Release Program.” Under that program, the Chiefs have agreed to direct their officers to cite and release misdemeanor offenders who are not charged with crimes of domestic violence or driving under the influence, who do not otherwise pose an imminent danger to the community and who do not present a flight risk. The Police Chiefs have reserved the right for their officers to retain discretion on who will be lodged.
10

Case 2:05-cv-00079-WOB Document 45 Filed 02/07/2006 Page 11 of 15
The Campbell County CJAC will also review crime patterns, particularly with respect to repeat offenders and mentally ill offenders; investigate practical means to address crime patterns; and otherwise consider ways to make the criminal justice system in Campbell County more efficient.
14. Campbell County and Buckler shall initiate a system of objective jail classification (“OJC”). This system of classification will provide for classification and housing of inmates based upon criteria that shall include, but not be limited to, an inmate’s charges, conduct during prior periods of incarceration and other behavioral factors. The system will also allow for the reclassification of an inmate based on the inmate’s conduct during the current period of incarceration.
15. This Agreement and Consent Decree and all of the rights and obligations set forth herein shall terminate on completion of the jail expansion project referenced in Section I1 (page 4) and Section 111, paragraph 5. Termination under this paragraph shall also be conditioned on the issuance of an occupancy permit to Campbell County by the Kentucky Department of Corrections for the facility that is built as part of the jail expansion project. Termination under this paragraph shall further be conditioned on satisfaction of the requirement that inmate population at the facility that is part of the jail expansion project not exceed the number specified in the occupancy permit for the remainder of the year in which the jail expansion project is completed. In any event, all rights and obligations set forth herein shall terminate twelve months from the date the Department of Corrections issues a certificate of occupancy for “jail expansion project” as defined herein.
11

Case 2:05-cv-00079-WOB Document 45 Filed 02/07/2006 Page 12 of 15
16. None of the aforementioned provisions shall apply to the Campbell County Restricted Custody Center or to the possible expansion of jail facilities into the current district court building, except as specifically set forth therein. IV. RESPONSIBILITY OF KENTUCKY DEPARTMENT OF CORRECTIONS WITH
RESPECT TO REDUCING NUMBER OF INMATES HOUSED AT CAMPBELL COUNTY DETENTION CENTER 1. The Kentucky Department of Corrections shall provide the Detention Center with notice of an inmate’s classificationwithin 10 days of the date on which the Department receives
the presentence investigation and judgment documents referenced in 4 2 of 501 KAR 2:060.
2. Unless a convicted inmate is to be transferred to the Campbell County Restricted Custody Center, the Kentucky Department of Corrections shall remove the inmate from the Detention Center within 45 days of the date on which the inmate receives his final sentence. However, the Department also agrees to use best efforts to remove convicted inmates sooner in the event that Campbell County makes such a request in a particular situation.
3. The Kentucky Department of Corrections agrees that its officials and employees will cooperate with Campbell County, Buckler, and Detention Center staff in communicating about inmates’ conviction and sentencing status and about the Department’s plans for removing inmates from the Detention Center.
4. The Kentucky Department of Corrections agrees that it will lobby the General Assembly in support of legislation that will provide adequate funding to reimburse county correctional facilities for medical expenses they incur for the medical treatment of convicted felons housed in their facilities. The Department of Corrections agrees to initiate such lobbying efforts no later than the expiration of the 2006 legislative session.
12

Case 2:05-cv-00079-WOB Document 45 Filed 02/07/2006 Page 13 of 15
V. SETTLEMENT OF ALL CLAIMS 1. Upon the completion of the jail expansion project referred to herein, Plaintiffs on
their own behalf and as representatives of “the class of persons who currently are or who have been incarcerated at the Campbell County Detention Center from April 29, 2004, to the present, and all individuals who will be incarcerated at the Campbell County Detention Center in the future”, hereby completely and unconditionally release Defendants, Campbell County, Jailer Greg Buckler in his official and individual capacities, and Commissioner Rees from any and all liability on account of any and all present and future actions, causes of actions, claims, demands,
costs and expenses (including attorneys’ fees under 42 U.S.C. 5 1988), arising out of the
allegations contained in the Complaint filed in Hollingsworth et a1 v. Rees et al, United States District Court for the Eastern District of Kentucky, Case No. 05-79-WOB. The lone inmate to express any dissension to this Consent Decree, Bradley Profitt, is hereby excluded from the Plaintiff class.
2. Plaintiffs understand and agree that this settlement is a compromise of a disputed claim and that the Defendants specifically deny that they have violated any of Plaintiffs’ constitutional rights.
3. Plaintiffs further acknowledge and agree that no promises, agreements or representations not contained herein have been made to them and that this document contains the full and complete agreement and consent decree.
4. Upon the completion of the jail expansion project referred to herein, Plaintiffs agree to dismiss with prejudice the action styled Hollingsworth et a1 v. Rees et al, United States District Court for the Eastern District of Kentucky, Case No. 05-79-WOB. Plaintiffs fiuther agree to execute or cause their attorneys to execute any and all supplementary documents,
13

Case 2:05-cv-00079-WOB Document 45 Filed 02/07/2006 Page 14 of 15
,

including but not limited to an Agreed Order of Dismissal with prejudice, and to take any and all

supplementary steps necessary to give full force and effect to the terms and intent of this

Agreement and Consent Decree.

5. Counsel for the Plaintiff Class, Robert B. Newman, has represented to the Court

that he has reached an agreement with Defendants with respect to the payment of his fees and

costs, and accordingly, those claims are dismissed as settled.

6 . This Agreement and Consent Decree may only be enforced in the United States

District Court for the Eastern District of Kentucky by Plaintiffs’ counsel in the event of any

claim of breach by any present or future inmate of the Campbell County Detention Center during

the term of this Agreement and Consent Decree. Plaintiffs specifically agree not to employ any

attorney other than Robert B. Newman for the purpose of enforcing this Agreement and Consent

Decree.

The parties are hereby ordered to abide by the terms of the Agreement and Consent

Decree.
4
IT IS SO ORDERED, this day of

2006.

JUDGE WILLIAM 0.BERTELSMAN

)#oB Signed By:
William 0. Bertelsman United States District Judge

14

.

Case 2:05-cv-00079-WOB Document 45 Filed 02/07/2006 Page 15 of 15

AGREED TO BY:
+-
#
ROBERT B.%EWMAN NEWMAN & MEEKS CO., L.P.A. 617 Vine Street, Suite 1401 Cincinnati, OH 45202 (513) 639-7000 Phone (513) 639-7011 Fax
Attorney for Plaintiffs

J~NNIFERH. LANGEN
ADAMS,STEPNER, WOLTERMANN
& DUSING, P.L.L.C. 40 W. Pike Street P.O. Box 861 Covington, KY 41012-0861 (859)394-6200 Phone (859)392-7200 Fax
Attorneys for Defendants, Campbell County, Kentucky and Greg L. Buckler

Office of Legal Services 125 Holmes Street, 2ndFloor Frankfort, KY 40602-2400 (502) 564-3729
Attorneys for Defendant, John D. Rees
231733.1I

15

 
 Case 2:05-cv-00079-WOB Document 47 Filed 04/14/2006 Page 1 of 1

JAMES HOLLINGSWORTH, ET AL
vs .

ORDER

CAMPBELL COUNTY, KENTUCKY, ET AL

PLAINTIFFS DEFENDANTS

This matter is before the court on a review of the record herein, and the court being advised,
IT IS ORDERED that the parties file a status report herein on or before October 14, 2006, and every six (6) months thereafter, advising the court of the pending matter.
This 14thday of April, 2006.
n/&Q.&
WILLIAM 0. BERTELSMAN, JUDGE

 
 Case: 2:05-cv-00079-WOB Doc #: 59 Filed: 06/30/08 Page: 1 of 1 - Page ID#: 660

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY
AT COVINGTON

CIVIL ACTION NO. 2005-79 (WOB)

JAMES HOLLINGSWORTH, ET AL.

VS.

ORDER

CAMPBELL COUNTY, KENTUCKY, ET AL.

PLAINTIFFS DEFENDANTS

The parties having filed an Amended Joint Motion to Dismiss, and the court having granted that motion, and the court being sufficiently advised,
IT IS ORDERED that the first Joint Motion to Dismiss (Doc. #56) be, and is hereby, DENIED AS MOOT.
This 30th day of June, 2008.

 
 Case: 2:05-cv-00079-WOB Doc #: 60 Filed: 06/30/08 Page: 1 of 2 - Page ID#: 661

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY
NORTHERN DIVISION AT COVINGTON

CIVIL ACTION NO. 2005-79 (WOB)

JAMES HOLLINGSWORTH, CHARLES BRECKENRIDGE, KHALIL RAHIM, THOMAS ELLIOTT, TRAY JAMES, CHANCE HALL, JEFF DEAL, RON GREGORY, LEON MARSHALL, DANALE SNEED, DENNIS MARSHALL, CHRIS DALE, WALTER LONG, KEITH LAWSON, ARTHUR SIMPLETON, JAMES DAVENPORT, ED JAMES, LARRY GAINES, RICK STEELE, PAUL SANDMAN, ANTHONY JORDAN, JAMES WOODRUFF, JASON SUMPTER, SEAN BLACK, JACOB BOWEN, JAMES SMITH, AND DALE MYERHOFF

VS.

JUDGMENT

JOHN D. REES, Commissioner of Kentucky Department of Corrections, CAMPBELL COUNTY, KENTUCKY, AND GREG L. BUCKLER, Jailer of Campbell County

PLAINTIFFS DEFENDANTS

The Plaintiffs and the Defendants, Campbell County, Kentucky, Greg L. Buckler and John D. Rees, having filed an Amended Joint Motion to Dismiss (Doc. #58), and the conditions for termination of the Agreement and Consent Decree having been met,

Case: 2:05-cv-00079-WOB Doc #: 60 Filed: 06/30/08 Page: 2 of 2 - Page ID#: 662
IT IS ORDERED that the Amended Joint Motion to Dismiss (Doc. #58) be, and it is, hereby granted, and this matter be, and it is, hereby dismissed, with prejudice, and stricken from the active docket of this court.
This 30th day of June, 2008.

 
 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY
AT COVINGTON

EaflternDletrict of Kentucky
FILED
NOV 3 0 2005

CIVIL ACTION NO. 2005-79 (WOB)

JAMES HOLLINGSWORTH, ET AL.
vs .

ORDER

CAMPBELL COUNTY, KENTUCKY, ET ATA.

PLAINTIFFS DEFENDANTS

This matter is before the court on the parties' Joint Motion for Order Provisionally Certifying Class, Preliminarily Approving Settlement, Approving Forms and Distribution of Notice, and Scheduling Date for Final Fairness Hearing (Doc. #38).
The court has reviewed the plaintiffs' qualifications for class status; finds that plaintiffs satisfy the requirements for class certification as required by Fed. R. Civ. P. 23(a) and 23(b) (2); and the court therefore rules that class certification is appropriate.
The court has been regularly kept abreast of the parties' efforts to resolve the issues raised in the complaint. The court has reviewed the Settlement Agreement and Proposed Consent Decree submitted by the parties, as well as the notices the parties have prepared and the parties' plans for distributing such notices. The court preliminarily approves the terms of the proposed settlement, and also approves the notices and the plans for distributing the notices, with the modifications noted below.
Therefore, having reviewed this matter, and the court being

otherwise sufficiently advised, I T I S ORDERED that: (1) The parties, Joint Motion for Order Provisionally
Certifying Class, Preliminarily Approving Settlement, Approving Forms and Distribution of Notice, and Scheduling Date for Final Fairness Hearing (Doc. # 3 8 ) be, and is hereby, GRANTED, as detailed below;
(2) The class of persons currently incarcerated at the Campbell County Detention Center and all persons who will be incarcerated there in the future is provisionally certified pursuant to Fed. R. Civ. P. 23(b) (2);
(3) James Hollingsworth is appointed the representative of the aforementioned class;
(4) Robert B. Newman is appointed legal counsel for the aforementioned class;
( 5 ) The Settlement Agreement and Proposed Consent Decree is preliminarily approved;
(6) The parties shall begin distributing notice of the fairness hearing to members of the class, in accordance with the notices and forms submitted as part of their Joint Motion. The Summary Notice shall be published once in the Kentucky Post and once in the Campbell County Recorder prior to the Final Fairness Hearing. The Final Fairness Hearing will be held on Wednesday, January 2 5 , 2 0 0 6 , a t 1:OO p.m. The Summary Notice shall state
2

that all written comments must be received by the Clerk of Court on or before Monday January 16, 2006;
(7) Defendant Campbell County shall bear the expense of said publications;
(8) In addition, Defendant Campbell County shall post a copy of the Settlement Agreement and Proposed Consent Decree in each cell at the Campbell County Detention Center, as well as in the lobby of the Campbell County Detention Center. Should any inmate at the Campbell County Detention Center wish to send comments regarding the Proposed Consent Decree, the Campbell County Detention Center shall provide one sheet of writing paper to the inmate for that purpose;
(9) All notices shall be accomplished on or before December 23, 2 0 0 5 .

-

of November, 2005.

WILLIAM 0. BERTELSMAN, JUDGE

3

 
 Case 2:05-cv-79 As of: 06/29/2013 10:23 PM EDT Page 1 of 10
U.S. District Court Eastern District of Kentucky (Covington) CIVIL DOCKET FOR CASE #: 2:05−cv−00079−WOB

CLOSED

Hollingsworth et al vs. Rees Assigned to: Judge William O. Bertelsman Cause: 42:1983 Prisoner Civil Rights Plaintiff James Hollingsworth
Plaintiff Charles Breckenridge
Plaintiff Khalil Rahim
Plaintiff Thomas Elliott
Plaintiff Tray James
Plaintiff Chance Hall
Plaintiff Jeff Deal

Date Filed: 04/29/2005 Date Terminated: 06/30/2008 Jury Demand: Both Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question
represented by Robert B. Newman Newman &Meeks Co. 215 E. Ninth Street Suite 650 Cincinnati, OH 45202 513−639−7000 Fax: 513−639−7011 Email: robertnewman@newman−meeks.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Robert B. Newman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Robert B. Newman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Robert B. Newman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Robert B. Newman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Robert B. Newman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Robert B. Newman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case 2:05-cv-79 As of: 06/29/2013 10:23 PM EDT Page 2 of 10

Plaintiff Ron Gregory

represented by Robert B. Newman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Leon Marshall

represented by Robert B. Newman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Danale Sneed

represented by Robert B. Newman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Dennis Marshall

represented by Robert B. Newman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Chris Dale

represented by Robert B. Newman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Walter Long

represented by Robert B. Newman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Keith Lawson

represented by Robert B. Newman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Arthur Simpleton

represented by Robert B. Newman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff James Davenport

represented by Robert B. Newman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Ed James

represented by Robert B. Newman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case 2:05-cv-79 As of: 06/29/2013 10:23 PM EDT Page 3 of 10

Plaintiff Larry Gaines
Plaintiff Rick Steele
Plaintiff Paul Sandman
Plaintiff Anthony Jordan
Plaintiff James Woodruff
Plaintiff Jason Sumpter
Plaintiff Sean Black
Plaintiff Jacob Bowen
Plaintiff James Smith
Plaintiff Dale Myerhoff

represented by Robert B. Newman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Robert B. Newman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Robert B. Newman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Robert B. Newman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Robert B. Newman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Robert B. Newman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Robert B. Newman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Robert B. Newman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Robert B. Newman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Robert B. Newman (See above for address) LEAD ATTORNEY

Case 2:05-cv-79 As of: 06/29/2013 10:23 PM EDT Page 4 of 10 ATTORNEY TO BE NOTICED

V. Defendant John D. Rees Commission, Kentuckky Department of Corrections
Defendant Campbell County, Kentucky

represented by Jeffrey C. Mando Adams, Stepner, Woltermann &Dusing, PLLC 40 W. Pike Street P.O. Box 861 Covington, KY 41012−0861 859−394−6200 Fax: 859−392−7263 Email: jmando@aswdlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jeffrey T. Middendorf Commonwealth of Kentucky− Justice Cabinet 125 Holmes Street Second Floor Frankfort, KY 40601 502−564−3279 Fax: 502−564−6686 Email: jeff.middendorf@ky.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Justin D. Verst Twehues &Verst 331 York Street Newport, KY 41071 859−491−5843 Fax: 859−491−5932 Email: jdvcca@fuse.net LEAD ATTORNEY ATTORNEY TO BE NOTICED
Rebecca Baylous Department of Corrections, Office of General Counsel P.O. Box 2400 Frankfort, KY 40602−2400 502−564−2024 Fax: 502−564−6494 Email: rebecca.baylous@ky.gov TERMINATED: 07/18/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED
John C. Cummings Justice &Public Safety Cabinet 125 Holmes Street Frankfort, KY 40601 802−564−8214 Email: john.cummings@ky.gov ATTORNEY TO BE NOTICED
represented by Jeffrey C. Mando (See above for address) LEAD ATTORNEY

Case 2:05-cv-79 As of: 06/29/2013 10:23 PM EDT Page 5 of 10

ATTORNEY TO BE NOTICED

Justin D. Verst (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
Greg L. Buckler Jailer of Campbell County

represented by Jeffrey C. Mando (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Justin D. Verst (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 04/29/2005
05/13/2005 05/13/2005 05/18/2005 05/26/2005 05/26/2005 05/27/2005 06/02/2005 06/10/2005
06/10/2005

# Docket Text
1 COMPLAINT 2 summons(es)issued with copy ( Filing fee $250; receipt number 117534), filed by Tray James, Chance Hall, Jeff Deal, Ron Gregory, Leon Marshall, Danale Sneed, Dennis Marshall, Chris Dale, Walter Long, Keith Lawson, James Hollingsworth, Arthur Simpleton, James Davenport, Ed James, Larry Gaines, Rick Steele, Paul Sandman, Anthony Jordan, James Woodruff, Jason Sumpter, Sean Black, Charles Breckenridge, Jacob Bowen, James Smith, Dale Myerhoff, Khalil Rahim, Thomas Elliott. (Attachments: # 1 Exhibit A − Part 1 − Grievances# 2 Exhibit A − Part 2 Letters# 3 Exhibit B − Letter from Greg L. Buckler, Jailer# 4 Civil Cover Sheet, Case Assignment, Receipt # 5 Summons)(LSG) Additional attachment(s) added on 5/6/2005 (Greiwe, Linda). (Entered: 04/29/2005)
2 MOTION for Preliminary Injunction by all Plaintiffs (Attachments: # 1 Declarations − Pages 1 − 32# 2 Declarations − pgs 33 − 67# 3 Declarations − pgs 68 − 109# 4 Declarations − pgs 110 − 138)(LSG) (Entered: 05/13/2005)
3 MEMORANDUM in Support of Motion re 2 MOTION for Preliminary Injunction filed by all plaintiffs. (LSG) (Entered: 05/13/2005)
4 ANSWER to Complaint by John D. Rees, Campbell County, Kentucky, Greg L. Buckler.(LSG) (Entered: 05/18/2005)
5 WAIVER OF SERVICE Returned Executed by Plaintiffs. John D. Rees waiver sent on 4/29/2005, answer due 6/28/2005. (LSG) (Entered: 05/26/2005)
6 NOTICE of Appearance by Jeffrey T. Middendorf and Rebecca Baylous on behalf of John D. Rees (LSG) (Entered: 05/26/2005)
7 MOTION FOR CLASS CERTIFICATION with Memorandum in Support filed by Plaintiffs. (LSG) (Entered: 05/27/2005)
8 AGREED ORDER; def to file Reponse by 6/10/2005 to 2 MOTION for Preliminary Injunction. Signed by Judge William O. Bertelsman. (LSG)cc: COR (Entered: 06/02/2005)
9 RESPONSE to Motion re 2 MOTION for Preliminary Injunction filed by Campbell County, Kentucky, Greg L. Buckler. (EXHIBITS TOO LARGE TO SCAN, PLACED ON SHELF IN CLERK'S OFFICE) (Attachments: # 1 Appendix to Exhibits)(LSG) (Entered: 06/13/2005)
10 RESPONSE in Opposition re 2 MOTION for Preliminary Injunction by Plaintiffs, filed by John D. Rees. (Attachments: # 1 Exhibit 1 − Functions of Department of Corrections# 2 Exhibit 2 − Place of Imprisonment# 3 Exhibit 3 − Inspection Report# 4 Exhibit 4 − Letter from Commonwealth of Kentucky# 5 Exhibit 5 − Inmate Population Reports# 6 Proposed Order)(LSG) (Entered: 06/13/2005)

Case 2:05-cv-79 As of: 06/29/2013 10:23 PM EDT Page 6 of 10

06/13/2005 06/16/2005 06/17/2005 06/21/2005
06/21/2005 06/21/2005
06/21/2005 06/24/2005
06/27/2005 06/27/2005
06/30/2005
06/30/2005 07/01/2005 07/01/2005 07/01/2005

11 RESPONSE in Opposition re 7 MOTION FOR CLASS CERTIFICATION filed by John D. Rees. (Attachments: # 1 Proposed Order)(Baylous, Rebecca) (Entered: 06/13/2005)
12 ORDER; Pretrial Conference set for 6/24/2005 01:30 PM in Covington before William O. Bertelsman. Signed by Judge William O. Bertelsman. (LSG)cc: COR/Faxed to all counsel (Entered: 06/16/2005)
13 AGREED ORDER; defendants to file a Response to 7 Motion for Class Certification by June 21, 2005. Signed by Judge William O. Bertelsman. (LSG)cc: COR (Entered: 06/17/2005)
14 REPLY to Response to Motion re 2 MOTION for Preliminary Injunction filed by all Plaintiffs. (Attachments: #(1) Declaration of Chad A. Hensley #(2) Declaration of Jerome C. Howard #(3) Declaration of Vince Wardia #(4) Declaration of James Davenport #(5) Declaration of Kevin Holbert #(6) Declaration of Jeffrey K. Dotson #(7) Declaration of Jeffrey Deal #(8) Declaration of John C. Henry #(9) Declaration of Kenneth Blake Watson #(10) Declaration of Jennifer Carter #(11) Declaration of Shannon T. Stephany #(12) Declaration of James A. Hollingsworth #(13)Declaration of Zach Gundrum #(14) Declaration of Todd Jenkins #(15) Declaration of Josh Porter #(16) Declaration of Eric T. VonBargen #(17) Criminal Justice Advisory Commission Meeting Minutes)(LSG) (Entered: 06/21/2005)
15 PLAINTIFF'S NOTICE OF FILING ADDITIONAL DECLARATION (Attachments: # 1 Declaration of Eric Von Bargen)(LSG) (Entered: 06/21/2005)
***MOTION SUBMITTED TO CHAMBERS of Judge William O. Bertlesman for review: 2 MOTION for Preliminary Injunction by Tray James, Chance Hall, Jeff Deal, Ron Gregory, Leon Marshall, Danale Sneed, Dennis Marshall, Chris Dale, Walter Long, Keith Lawson, James Hollingsworth, Arthur Simpleton, James Davenport, Ed James, Larry Gaines, R (LSG) (Entered: 06/21/2005)
16 RESPONSE to Motion re 7 MOTION FOR CLASS CERTIFICATION filed by Campbell County, Kentucky, Greg L. Buckler. (LSG) (Entered: 06/21/2005)
17 SUPPLEMENTAL MEMORANDUM in Opposition re 2 MOTION for Preliminary Injunction by Tray James, Chance Hall, Jeff Deal, Ron Gregory, Leon Marshall, Danale Sneed, Dennis Marshall, Chris Dale, Walter Long, Keith Lawson, James Hollingsworth, Arthur Simpleton, James Davenport, Ed James, Larry Gaines, R filed by Campbell County, Kentucky, Greg L. Buckler. (LSG) (Entered: 06/24/2005)
18 FIRST ANSWER to Complaint 1 by John D. Rees.(Baylous, Rebecca) Modified to create document relationship on 6/28/2005 (Greiwe, Linda). (Entered: 06/27/2005)
NOTICE OF DOCKET MODIFICATION TO Rebecca Baylous re 18 Answer to Complaint; Error: Attorney failed to create a link to the event to which the answer relates; Error made by attorney; Correction: Clerk has modified text to create the link; In the future, attorney is advised to create a link with the existing event to which the pleading relates; No further action required by counsel. cc: COR (LSG) (Entered: 06/28/2005)
19 MINUTE ENTRY FOR STATUS CONFERENCE held on 6/23/2005; defs shall submit to pla and court a proposed settlement agreement within 60 days; court shall set a status conference 30 days following receipt of proposed settlement agreement before Judge William O. Bertelsman : (COURT REPORTER: JOAN AVERDICK) (LSG)cc: COR (Entered: 06/30/2005)
TERMINATE PRETRIAL CONFERENCE (LSG)cc: COR (Entered: 08/04/2005)
20 MOTION for Order to File Amended Motion to Certify the Class (Attachments: # 1 Amended Motion to Certify the Class)(LSG) (Entered: 07/01/2005)
21 PLAINTIFF'S REPLY to Responses to Motion re 7 MOTION FOR CLASS CERTIFICATION filed by Plaintiffs. (LSG) (Entered: 07/01/2005)
***MOTION SUBMITTED TO CHAMBERS of Judge William O. Bertelsman for review: 7 MOTION FOR CLASS CERTIFICATION (LSG) (Entered: 07/01/2005)

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07/01/2005 07/07/2005 07/14/2005 08/02/2005 08/03/2005
08/03/2005 08/03/2005 08/10/2005 08/11/2005
08/11/2005 08/15/2005 08/16/2005 09/27/2005
09/30/2005 10/26/2005 10/31/2005
11/14/2005 11/14/2005

22 PLAINTIFF'S MOTION for Leave to Amend Complaint. (Attachments: # 1 Proposed Amended Complaint)(LSG) (Entered: 07/01/2005)
23 AGREED PROTECTIVE ORDER. Signed by Judge William O. Bertelsman. (LSG)cc: COR (Entered: 07/07/2005)
24 TRANSCRIPT of Official Proceedings: Scheduling Conference held on 6/24/2005 before Judge Judge William O. Bertelsman. Court Reporter: Joan Averdick. Tape Number: consisting of 33 pages. (LSG) (Entered: 07/14/2005)
***MOTION SUBMITTED TO CHAMBERS of Judge William O. Bertelsman for review: 20 MOTION for Order, 22 MOTION for Leave (LSG) (Entered: 08/02/2005)
25 ORDER granting 20 Motion to File an Amended Motion to Certify Class and granting 22 Motion to Amend Complaint; Motion to Amend and Amended Complaint to be filed. Signed by Judge William O. Bertelsman. (LSG)cc: COR (Entered: 08/03/2005)
26 FIRST AMENDED COMPLAINT against John D. Rees, Campbell County, Kentucky, Greg L. Buckler filed by Plaintiffs.cc: COR(LSG) (Entered: 08/03/2005)
27 PLAINTIFF'S AMENDED MOTION to Certify the Class filed by all Plaintiffs (LSG) (Entered: 08/03/2005)
28 RESPONSE to Motion re 27 AMENDED MOTION to Certify Class filed by Campbell County, Kentucky, Greg L. Buckler. (LSG) (Entered: 08/11/2005)
29 REPLY to Response to Motion re 27 MOTION to Certify Class filed by Tray James, Chance Hall, Jeff Deal, Ron Gregory, Leon Marshall, Danale Sneed, Dennis Marshall, Chris Dale, Walter Long, Keith Lawson, James Hollingsworth, Arthur Simpleton, James Davenport, Ed James, Larry Gaines, Rick Steele, Paul Sandman, Anthony Jordan, James Woodruff, Jason Sumpter, Sean Black, Charles Breckenridge, Jacob Bowen, James Smith, Dale Myerhoff, Khalil Rahim, Thomas Elliott. (Felson, Stephen) (Entered: 08/11/2005)
***MOTION SUBMITTED TO CHAMBERS of Judge William O. Bertelsman for review: 27 MOTION to Certify Class (LSG) (Entered: 08/11/2005)
30 ANSWER to First Amended Complaint by Campbell County, Kentucky, Greg L. Buckler.(LSG) (Entered: 08/15/2005)
31 FIRST ANSWER to Amended Complaint by John D. Rees.(Baylous, Rebecca) (Entered: 08/16/2005)
32 ORDER re 27 MOTION to Certify Class, and 2 MOTION for Preliminary Injunction; Status Conference is set for 10/26/2005 at 01:30 PM in Covington before William O. Bertelsman. Signed by Judge William O. Bertelsman. (LSG)cc: COR (Entered: 09/27/2005)
33 ORDER; Status Conference reset for 10/28/2005 at 02:00 PM in Covington before William O. Bertelsman. Signed by Judge William O. Bertelsman. (LSG)cc: COR (Entered: 09/30/2005)
34 SECOND DISCLOSURES by John D. Rees. (Attachments: # 1 Supplement Certificate of Occupancy)(Baylous, Rebecca) (Entered: 10/26/2005)
35 MINUTE ENTRY FOR STATUS CONFERENCE held on 10/28/2005 before Judge William O. Bertelsman; Status Report due by 11/14/2005 or, if a settlement has by then been reached, a proposed consent decree setting forth its terms.(COURT REPORTER: JOAN AVERDICK) (LSG)cc: COR (Entered: 10/31/2005)
36 JOINT STATUS REPORT by all Parties. (LSG) (Entered: 11/14/2005)
***FILE SUBMITTED TO CHAMBERS of Judge William O. Bertelsman for review: 36 Status Report (LSG) (Entered: 11/14/2005)

Case 2:05-cv-79 As of: 06/29/2013 10:23 PM EDT Page 8 of 10

11/16/2005 11/23/2005
11/23/2005 11/30/2005
12/27/2005 01/24/2006 01/27/2006 01/27/2006 01/31/2006 02/07/2006 04/06/2006 04/14/2006

37 ORDER; Parties to submit a proposed consent decree on or before 11/30/2005. Signed by Judge William O. Bertelsman. (LSG)cc: COR (Entered: 11/16/2005)
38 JOINT MOTION for Order Provisionally Certifying Class, Preliminarily Approving Settlement, Approving Forms and Distribution of Notice, and Scheduling Date for Final Fairness Hearing by all Parties. (Attachments: # 1 Exhibit 1 − Agreement and Proposed Consent Decree# 2 Exhibit 2 − Summary Notice of Class Action and Proposed Settlement# 3 Proposed Order)(LSG) (Entered: 11/23/2005)
***MOTION SUBMITTED TO CHAMBERS of Judge William O. Bertelsman for review: 38 JOINT MOTION for Order Provisionally Certifying Class. Preliminarily Approving Settlement, Approving Forms and Distribution of Notice, and Scheduling Date for Final Fairness Hearing by All Parties (LSG) (Entered: 11/23/2005)
39 ORDER GRANTING 38 MOTION to Provisionally Certify Class, Preliminarily Approve Settlement, Approve Forms and Distribution by Notice, and Scheduling Date for Final Fairness Hearing is GRANTED, as detailed below; Class of persons currently incarcerated at the Campbell County Detention Center and all persons who will be incarcerated there in the future is provisionally certified; James Hollingsowrth is appointed representative; Robert B. Newman is appointed legal counsel; Settlement Agreement and Proposed Consent Decree is preliminarily approved; parties to begin distributing notice of the hearing to memebers of the class; The summary notice shall be published once in the Kentucky Post and once in the Campbell County Recorder prior to the Final Fairness Hearing; Final Fairness Hearing will be held 1/25/2006 at 1:00PM in Covington before William O. Bertelsman; Summary notice shall state that all written comments must be received by the Clerk of Court by 1/16/2006; def Campbell County to bear the expenses of said publications; Def Campbell County to post a copy of the Settlement Agreement and Proposed Consent Decree in each cell at the Campbell County Detention Center, as well as in the lobby; if any inmate at the Campbell County Detention Center wish to send comments regarding the Proposed Consent Decree, the Campbell County Detention Center shall provide one sheet of writing paper to the inmate; all notices shall be accomplished on or before 12/23/2005. Signed by Judge William O. Bertelsman. (LSG)cc: COR (Entered: 11/30/2005)
40 LETTER received from inmate Campbell County Jail, Bradley Profitt addressed to Clerk of United States District Court received 12/27/05 (Attachments: # 1 Envelope)(TED) (Entered: 12/28/2005)
41 CERTIFICATE OF COMPLIANCE by Campbell County, Kentucky, Greg L. Buckler (Attachments: # 1 Exhibit A − The Kentucky Post Public Notice# 2 Exhibit B − Campbell County Recorder Notice)(LSG) (Entered: 01/24/2006)
42 Letter from Women of Campbell County Jail (Attachments: # 1 Envelope) (LSG) (Entered: 01/27/2006)
43 Letter from David Chandler (Attachments: # 1 Envelope) (LSG) (Entered: 01/27/2006)
44 MINUTE ENTRY FOR FAIRNESS HEARING held on 1/25/2006 before Judge William O. Bertelsman; Parties to file an Amended Order approving the settlement but allowing objecting class member Bradley Proffitt to opt out by 2/6/2006 (COURT REPORTER: JOAN AVERDICK) (LSG)cc: COR (Entered: 01/31/2006)
45 AGREEMENT AND CONSENT DECREE. Signed by Judge William O. Bertelsman. (LSG)cc: COR (Entered: 02/07/2006)
46 ORDER granting 27 Amended motion to Certify Class, denying as moot 2 Motion for Preliminary Injunction, and denying as moot 7 Motion for class certification. Signed by Judge William O. Bertelsman. (LSG)cc: COR (Entered: 04/06/2006)
47 ORDER; Status Report due by 10/14/2006 and every six months thereafter advising the court of the pending matter. Signed by Judge William O. Bertelsman. (LSG)cc: COR (Entered: 04/14/2006)

Case 2:05-cv-79 As of: 06/29/2013 10:23 PM EDT Page 9 of 10

07/15/2006 07/18/2006 10/16/2006 10/16/2006 10/16/2006 10/17/2006 04/16/2007 04/16/2007 10/31/2007 11/02/2007 11/05/2007 11/05/2007 11/21/2007 11/26/2007 05/12/2008 05/22/2008
05/22/2008
06/19/2008

48 MOTION to Withdraw as Attorney by John D. Rees (Rebecca Baylous withdraws as Co−Counsel of Record for Defendant Rees) (Attachments: # 1 Proposed Order)(Baylous, Rebecca) (Entered: 07/15/2006)
49 ORDER granting 48 Motion to Withdraw as Attorney; Attorney Rebecca Baylous is hereby withdrawn as counsel of record for Defendant John Rees. Signed by Judge William O. Bertelsman. (LSG)cc: COR (Entered: 07/18/2006)
50 STATUS REPORT by Campbell County, Kentucky, Greg L. Buckler. (Mando, Jeffrey) (Entered: 10/16/2006)
Set Deadlines/Hearings: Status Report due by 4/16/2006. (LSG) (Entered: 10/16/2006)
Set Deadlines/Hearings: Status Report due by 4/16/2007. (LSG) (Entered: 10/16/2006)
***FILE SUBMITTED TO CHAMBERS of Judge William O. Bertelsman for review: 50 Status Report (LSG) (Entered: 10/17/2006)
51 STATUS REPORT by Campbell County, Kentucky, Greg L. Buckler. (Mando, Jeffrey) (Entered: 04/16/2007)
***FILE SUBMITTED TO CHAMBERS of Judge William O. Bertelsman for review: 51 Status Report. Next Status Report is due by 10/16/2007. (LSG) (Entered: 04/16/2007)
52 ORDER; 1)Parties to file Status Report by 11/9/2007 and every six (6) months thereafter, advising the court of the pending matter. Signed by Judge William O. Bertelsman. (LSG)cc: COR (Entered: 10/31/2007)
53 STATUS REPORT by Campbell County, Kentucky. (Mando, Jeffrey) (Entered: 11/02/2007)
***FILE SUBMITTED TO CHAMBERS of Judge William O. Bertelsman for review: 53 Status Report (LSG) (Entered: 11/05/2007)
Set Deadlines/Hearings: Status Report due by 5/2/2008. (LSG) (Entered: 11/05/2007)
54 NOTICE of Appearance by John C. Cummings on behalf of John D. Reesand Notice of Substitution of Counsel (Cummings, John) (Entered: 11/21/2007)
***FILE SUBMITTED TO CHAMBERS of Judge William O. Bertelsman for review: 54 Notice of Appearance and Substitution of Counsel (LSG) (Entered: 11/26/2007)
55 ORDER; 1)Parties to file a Status Report due by 5/22/2008 and every 6 months thereafter, advising the court of the pending matter. Signed by Judge William O. Bertelsman on 5/12/2008.(LSG)cc: COR (Entered: 05/13/2008)
56 JOINT MOTION to Dismiss by Tray James, Chance Hall, Jeff Deal, Ron Gregory, Leon Marshall, Danale Sneed, Dennis Marshall, Chris Dale, Walter Long, Keith Lawson, James Hollingsworth, Arthur Simpleton, James Davenport, Ed James, Larry Gaines, Rick Steele, Paul Sandman, Anthony Jordan, James Woodruff, Jason Sumpter, Sean Black, Charles Breckenridge, Jacob Bowen, James Smith, Dale Myerhoff, Campbell County, Kentucky, Greg L. Buckler, Khalil Rahim, Thomas Elliott (Attachments: # 1 Proposed Order)(Mando, Jeffrey) (Entered: 05/22/2008)
***MOTION SUBMITTED TO CHAMBERS of Judge William O. Bertelsman for review: 56 JOINT MOTION to Dismiss by Tray James, Chance Hall, Jeff Deal, Ron Gregory, Leon Marshall, Danale Sneed, Dennis Marshall, Chris Dale, Walter Long, Keith Lawson, James Hollingsworth, Arthur Simpleton, James Davenport, Ed James, Larry Gaines, Rick Steele, (LSG) (Entered: 05/22/2008)
57 ORDER; 1)JOINT 56 Motion to Dismiss to be held in abeyance pending a clarification of such motion indicating the inclusion of such def or an explanation thereof on or before 6/30/2008. Signed by Judge William O. Bertelsman on 6/19/2008. (LSG)cc: COR (Entered: 06/19/2008)

Case 2:05-cv-79 As of: 06/29/2013 10:23 PM EDT Page 10 of 10

06/26/2008
06/26/2008 06/30/2008 06/30/2008

58 AMENDED JOINT MOTION to Dismiss by Tray James, Chance Hall, Jeff Deal, Ron Gregory, Leon Marshall, Danale Sneed, Dennis Marshall, Chris Dale, Walter Long, Keith Lawson, James Hollingsworth, Arthur Simpleton, James Davenport, Ed James, Larry Gaines, Rick Steele, Paul Sandman, Anthony Jordan, James Woodruff, Jason Sumpter, Sean Black, Charles Breckenridge, Jacob Bowen, James Smith, Dale Myerhoff, John D. Rees, Campbell County, Kentucky, Greg L. Buckler, Khalil Rahim, Thomas Elliott (Attachments: # 1 Proposed Order)(Mando, Jeffrey) Modified on 6/26/2008 (to better describe Main Document)(JMM). (Entered: 06/26/2008)
***MOTION SUBMITTED TO CHAMBERS of Judge William O. Bertelsman for review: 58 AMENDED JOINT MOTION to Dismiss by Tray James, Chance Hall, Jeff Deal, Ron Gregory, Leon Marshall, Danale Sneed, Dennis Marshall, Chris Dale, Walter Long, Keith Lawson, James Hollingsworth, Arthur Simpleton, James Davenport, Ed James, Larry Gaines, Rick Steel (JMM) (Entered: 06/26/2008)
59 ORDER: It Is Ordered that the first Joint Motion to Dismiss 56 be, and is hereby, DENIED AS MOOT. Signed by Judge William O. Bertelsman on 6/30/2008. (JMM)cc: COR (Entered: 06/30/2008)
60 JUDGMENT: It Is Ordered that the Amended Joint Motion to Dismiss 58 be, and it is, hereby granted, and this matter be, and it is, hereby dismissed, with prejudice, and stricken from the active docket of this court. Signed by Judge William O. Bertelsman on 6/30/2008.(JMM)cc: COR (Entered: 06/30/2008)