R~~bD .0'G3c~~ C~ats~e 1:04-cv-01416-MHS

Document 1

Filed 05/19/2004

Page 1 of 8
Fi

MAY 19 ~~~
C,,RIVIL RIGHTS COMPLAINT PURSUANT TO 42 U.S.C. § 1963

L E~ DY

'

i`''y;a~`~'" ~`

`~

~

IN THE UNITED STATES DISTRICT COURT ' . FOR THE NORTHERN DISTRICT OF GEORGIA

. .¬ 11C , ...
S ._ .
epuy !e~k

Frpder~tk Y Nar~ev-
(En!er above the full name and prisoner identification number ofthe plaintiff.)
-vs-
Tep ut'~I T. Ben n P.t #2, .4 to U
Rhton ~Un~U T~i~

1 0 *4 u 1i i416
MAr"
MZRZ1 .S

(Enter above the full name ofthe defendant(s) .)

L Previous Lawsuits
A. Have you begun other lawsuits in state or federal court dealing with (I) the same fads involved in this action, or (2) otherwise relating to your imprisonment?

Yes( )

No (~

B . If your answer to A (1) or (2) is yes, describe each lawsuit in the space below end tell us whether the "old" case involves the same facts or other issues . (If there is more than one lawsuit, describe the additional lawsuits on another piece of paper, using the same outline .)
Parties to this previous lawsuit:

PiaintiMs) :

Defeodant(s) :

2. Court (iffederal court, name the district; ifstate court name the county):

Docket Number:
U

9-
Case 1:04-cv-01416-MHS Document 1 Filed 05/19/2004 Page 2 of 8

L Previous Lawsuits (Cont'd)

4.

Name ofjudge to whom case was assigned :

5. Did the previous case involve the same facts?

Yes ( )

No ( )

6. Disposition (Was the case dismissed? Was it appealed? Is it still pending?):

7. Approximate date of filing lawsuit :

8. Approximate date of disposition :

II. Exhaustion of Administrative Remedies ` I

A. Place of Present Confinement:

I~ u~t 611 C 0 Uh

-~ ~JAI

B. Is there a prisoner griev ce procedure in this institution?

Yes (

No ( )

C. Did you present the facts relating to your complaint in the state prisoner grievance procedure? Yes ((4' No ( )

D. Ifyour answer is YES:

1,

at steeps did yo~ take and what were the results? 1

~

YAC

~ilorl ~ llri r vlAr\rc On 41'1A AA-e (Jt'

2 . If your answer is NO, explain why not :

-'

IM Parties (In item A below, place your name in the first blank and place your present address in the second blank. Do the same for additional plaintiffs, if any.)
A.

r

Case 1:04-cv-01416-MHS Document 1 Filed 05/19/2004 Page 3 of 8

III. Parties (CoaVd) Address(es) :

(In item B below, place the full name of the defendant in the first blank, his/her official position in the second blank, and his/her place ofemployment in the third blank. Do the same for each additional defendant, if any.)
B.

L -

Employed as

Ifi I-1 00V- .1/e DUfu

at

The Fc .~~n C ~n+ J atl

IV. Statement of Claim State here as briefly as possible the facts of your case. Describe how each defendant is involved . Include also the names of other persons involved, dates, and places. Do not give any legal arguments or cite -my cases or statutes. If you intend to allege a number of related claims, number and set forth each claim in a separate paragraph. (Use as much space as you need. Attach extra sheets ifnecessary.)

Case 1:04-cv-01416-MHS Document 1 Filed 05/19/2004 Page 4 of 8 N. Statement of Claim (Cont'd)
V. Relief State briefly exactly what you want the Court to do for you. Make no legal arguments. Cite no cases or statutes.

Case 1:04-cv-01416-MHS Document 1 Filed 05/19/2004 Page 5 of 8
V. Relief (Cont'd)

Signed this D- day of

20-0-

&M.~ 1lU,f~..1 . I-1C1l1fQln Signature of Plaintiff -~-

STATE OF Puaorl COUNTY (CITY) OF All

I declare under penalty of perjury that the foregoing is true an, correct . t

EXECUTED ON

(Date)

Signature of Plaintiff

Case 1:04-cv-01416-MHS
,.

Document 1

Filed 05/19/2004

Page 6 of 8

6 fl ~~ crJh~r~ r~ f?~~y P~nc?~:P~,

~S, ao ~ ~t gyp, r~l y

~

-Q4GC~sTsrf

4i~~s ~D C~D ~ ~E .~~ 074 f~l~ f/y~' .
,~5'T

ICS !S f'-

~d

~ h.4w pzze eye Aw(::,f
j L11E 74e J2_ l~(J/~1f1T~s Gl1o~/~ h,~r= ~ ~tJlif t.~r' fi
~ 4o t rno,~~ ~. cSo ~2~ end ~E oz`fr~,~ ~
GIIJN~ J~~'l!l.~i(/~~/T1r f1cE -~/~ys ~ SB~t -dull,
~ ~~ was d~ &~aw ..e. f,e~l~ IYWhE Gc~/ts6~c.~ ZOi~/c _ s'o ~S~~v~ OE fiGG 1.U oar A/3hws. ~jc 6tiCA1

~'l/V~

Case 1:04-cv-01416-MHS Document 1 Filed 05/19/2004 Page 7 of 8
71-1
.~o ~ G,5d
;~lE ~lu~~d ~r' c~0 rl~C~fv~ ~cE ~~ii1c1 ~-y /1c
yam- *ss w<~ ~~= so ~z-~C/

iAVd A/o-cv y,-t-4-

AvA6t(-~ 4K~ ~~ Ios ova t- ~-t

y~ lid~ac6 evsVs Ask

sx)d ~E

~Ao j,yI1E

/~-
~~C ~ ~ lS W~LF~u

~f1rallA4 Ale'
1;4~ ,~ ,4~`~^5 Al~/ ~~~~- -AY'127,9zaly ,IIA,d(U< ~

,~'-rcsTiY1l, /na~~T .~ ;~1~~ ~uT LU.E~v 1 .QEB~i~C~ocrtr~sz~.s
jae,v 6~'-~F ~isaE .

~~{ °` Case 1:04-cv-01416-MHS Document 1 Filed 05/19/2004 Page 8 of 8

lb4d 1411,4600e~~. -Z

-ee~

Iy S;qyix/y Avh ~~Fic~vUj°~~v~T /7Ac~ ~.~d

rc1 ,¢.t,'d ~= ~.U/~s Uz5~ "ti-71~ AF-0041S ~e6o;gxZs'

.L ~~~'Scc~ d"L~" *,#/N _ 11x14N 2-~lt~ ~f/J7 emirs,(, ~,+~

Izr

d2 uJl'to ~sc^a~~~

Or

~~~0/11~ 4s r .,mod

,~/

/?/e
jwNGt SAE /CEP//,'5a i-F' lfDu ~~n'F GET us

,ud qf~!E -~v~ ~~ ~Frn~~~rt-r<ov ~,vr~ ~1y

Aa
~t1 ~~f ~ A&d~ ~l~f~y &Ofte rO 1OV467 u~~/~ rier~l~n e..6- -~~ts C~r~rrti~ %h~ fiv~rds~

E, cs~ AE did Na7-SE~ ~ lN~a~~~r~,~

y

f

.~

~ d c~~Y~7K~~~~~~

 
 Case 1:04-cv-01416-MHS Document 4 Filed 06/22/2004 Page 1 of 32

ORIGINAL IN TIC UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

f1.eoUw.ca cx.ewM.a*rrwe
to J/J
JUN ? z 2004
:.u n H c.

FREDERICK HARDER, individually and on

)

behalf of all present and future inmates in the

)

Fulton County Jail in Atlanta, Georgia,

)

Plaintiffs,

)

v.

)

DEPUTY TYRONE BENNETT, individually ; )

and FULTON COUNTY, GEORGIA; FULTON )

COUNTY BOARD OF COMMISSIONERS,

)

KAREN HANDEL, Chairperson, ROB PITTS, )

EIvIIviA I. DARNELL, WILLIAM EDWARDS, )

TOM LOWS, NANCY BOXILL, members ;

)

JACQUELYN BARRETT, Fulton County Sheriff,)

in their official capacities

)

Defendants .

)

CIVIL ACTION N0 .04-CV-1416

AMENDED COMPLAINT 1 . This is an individual action seeking compensatory, nominal, and punitive damages for injuries inflicted on Plaintiff Frederick Harper at the Bellwood Annex to the Fulton County Jail on April 25, 2004, and a class action seeking declaratory and injunctive relief with regard to conditions at the Fulton County Jail, pursuant

Scanned Image - 1 :04CV1416 Document 4 page 1 Thu Jun 24 1327 :28 2004

0

Case 1:04-cv-01416-MHS Document 4 Filed 06/22/2004 Page 2 of 32
to the Civil Rights Act of 1871, 42 United States Code § 1983 and the Eighth, and Fourteenth Amendments to the United States Constitution . The class action is brought by Plaintiff Narper, who is now confined at the Fulton County Jail on Rice Street, as class representative of all current and future inmates at the Fulton County Jail .
2. The Fulton County Bail is extremely overcrowded, understaffed, and its plumbing, electric laundry, and ventilation systems are breaking down . The extreme overcrowding, the lack of adequate staff, the breakdown of systems, the presence of weapons in the jail, locks that do not work on many cells, and other deficiencies at the Jail are a lethal combination. Intervention by the Court is required to prevent the loss of life or serious injury in violation of the Eighth Amendment.
3 . Plaintiff Harper is one of over 3,365 inmates crammed into the Jail and its annexes. The main Jail on Rice Street was originally designed for 1,375 inmates, but has over 3,000 people confined to it. Approximately 500 inmates sleep on the floors or in bunks in day rooms. When fully staffed, the Jail cannot safely house this many inmates . However, there presently a severe shortage of guards at the Jail . Sections of the Jail that were designed to be staffed by 14
2
Scanned Image - 7 :04CV1416 Document 4 page 2 Thu Jun 24 73 :27 :30 2004

Case 1:04-cv-01416-MHS Document 4 Filed 06/22/2004 Page 3 of 32
guards are being staffed by two . There are insufficient guards to patrol the Jail. Both inmates and correctional staff have been assaulted. Some assaults have resulted in serious injury - one inmate lies at Grady Hospital in a coma from which he is not expected to recover. Plaintiff Harper, who has already been assaulted, lives in fear of further injury or even death .
4. The tension that results from too many people in too little space living in constant fear for their dives and safety is exacerbated by the breakdown of basic systems required for health and safety - plumbing, laundry, electric, and air handling systems - due to the strain put on them by far too many users. Many inmates live with the stench of raw sewage which comes up from drains, overflows from toilets and drips from ruptured pipes. There are leaking pipes throughout the Jail leaving stagnant pools of water on the floors . On occasion, floors where inmates sleep are flooded . In some housing units, only one shower works for approximately 60 inmates . The Jail is unable to handle the laundry needs of its inmates because of the volume and broken equipment . This results in a substantial risk of transmission of serious illnesses including diarrheal disease, boils, and hepatitis A. Inmates are denied medical care and medications because
3
Scanned Image - 1 :04CV1416 Document 4 page 3 Thu Jun 24 13 :27 :30 2004

Case 1:04-cv-01416-MHS Document 4 Filed 06/22/2004 Page 4 of 32
of shortages of uniformed staff to take inmates to the infirmary and to escort nurses to the housing units to dispense medications.
5 . Plaintiff Harper and other inmates at the Jail are being held in violation of their rights under file Eighth and Fourteenth Amendments of the United States Constitution . Plaintiff seeks declaratory and injunctive relief to remedy the conditions which are the basis for this action.
1 . JURISDICTION 6. This suit is brought under the Eighth and Fourteenth Amendments to the United States Constitution as enforced through 42 U .S.C . § 1983, and under O.C.G.A. §§ 9-2-20, 42-4-4 et seq ., and 42-5-2 et seq . The Court has jurisdiction over plaintiffs' federal constitutional claims pursuant to 28 U.S.C . §§ 1331 and 1343(a) and over plaintiffs' state law claims pursuant to 28 U.S.C . § 1367(a) . 7 . This Court is authorized to grant declaratory and injunctive relief pursuant to 28 U.S .C. §§ 2201 and 2202 .
II. VENUE 8 . The Northern District of Georgia is an appropriate venue for this action because defendants in their official capacities reside in this district. See 28 U.S .C.
4
Scanned Imago - 1 :04CV1476 Document 4 page 4 Thu Jun 24 13 :27 :32 2004

Case 1:04-cv-01416-MHS Document 4 Filed 06/22/2004 Page 5 of 32
§ 1391(b)(1). The Northern District of Georgia is also an appropriate venue because the events giving rise to plaintiffs' claims have occurred in this district. See 28 U.S.C. Q 139I(b)(2).
III. PARTIES 9 . Plaintiff Frederick Harper is incarcerated on the fifth floor at the Fulton County Jail. On April 25, 2004, while at the Bellwood Annex to the Jail, he was handcuffed by Defendant Bennett, who caused Plaintiff to fall and sustain injuries to his head. Plaintiff Harper is currently housed on 5-North, Dorm 100 . Three men are housed in each of the eighteen cells in the dorm. In addition, twelve to thirteen inmates sleep on the floor. While on 5-North Dorm 100, Plaintiff Harper has observed many fights and been threatened with assault . Some fights have resulted in inmates being rendered unconscious. Tension between inmates is very high . The dorm is very hot and humid. Ceiling tiles are missing in the unit and brown water leaks from the ceiling . Water leaks from the pipes and toilets. Rust, mildew, algae, and mold are visible in the showers . There are two functioning showers for approximately sixty men . Personal linens - including underwear have not been laundered for two months . Instead, Plaintiff liarper and others in the Dorm wash their underwear and other personal linens in a mop bucket or bowl .
5
Scanned Image - 1 :04CV1416 Document 4 page 5 Thu Jun 24 13 :27 :32 2004

Case 1:04-cv-01416-MHS Document 4 Filed 06/22/2004 Page 6 of 32
The laundry is hung around the dorm to dry. Plaintiff Harper has no lights in his cell . Plaintiff Eiarper is in constant fear for his life and safety .
10 . Defendant Fulton County, Georgia is the governmental entity responsible under state law for properly maintaining, operating, and funding the Fulton County Jail . O.C.G.A. § 36-9-5; 42-5-2 (a). That duty includes providing an adequate number of correctional staff and space for the number o f inmates housed at the Jail ; maintaining the plumbing, laundry, electric and ventilation systems at the Jail so that the Jail is operated in a safe, secure, sanitary and humane manner. In addition, it is the duty of the county "to maintain the inmate, furnishing him food, clothing, and any needed medical and hospital attention." O.C.G.A. 42-5-2 (a).
11 . Defendant Fulton County Commission and its members, Karen Handel, Emma Darnell, William Edwards, Robb Pitts, Tom Lowe and Nancy Boxill, are responsible for ensuring that Fulton County complies with its duties regarding the operation ofthe Sail set out in the foregoing paragraph. The Commission possesses the power under Article JAI of the Georgia Constitution to levy taxes, initiate bond issues, and otherwise raise revenues and appropriate funds for hiring correctional staff and maintaining the Jail.
Scanned Image - 1 :04CV1416 Document 4 page 6 Thu Jun 24 73 :27 :32 2004

Case 1:04-cv-01416-MHS Document 4 Filed 06/22/2004 Page 7 of 32
12, Defendant Jacquelyn Barrett is the Sheriff of Fulton County, Georgia. As Sheriff, Barren is charged under Georgia law with the duty of taking "custody of the jail and the bodies of such persons as are confined therein," O .C .G.A. § 424-4(a)(1), to operate the jail and provide secure and healthy conditions of confinement, O.C .G .A . §42-4-4 (a)(1)-(2), and to remove inmates from the Jail and commit them to the jails of nearby counties should the Jail become unsafe. O.C.G.A. § 42-4-5 (a)(3) .
13. Defendants are sued in their official capacities . They have all acted under color of law .
IV. CLASS ACTION ALLEGATIONS 14 . The Plaintiff brings this action on behalf of himself and all others who are similarly situated pursuant to Rule 23(a) and (b)(?) of the Federal Rues of Civil Procedure. The members ofthe class consists of all inmates who are or will be incarcerated at the Fulton County Sail and are subject to the conditions described in this Amended Complaint . 15. At any given time, there are approximately 3000 inmates confined at the Jail. This large group changes size and composition on a daily basis as
Scanned Image - 1 :04CV1416 Document 4 page 7 Thu Jun 24 13 :27 :342004

Case 1:04-cv-01416-MHS Document 4 Filed 06/22/2004 Page 8 of 32
inmates are taken into the Jail and released from it. Therefore, joinder of all Fulton County Jail inmates is impracticable.
16. There are questions of law and fact that are common to all class members . All are inmates at the Jail and endure the overcrowded conditions, staff shortages and systems breakdown which threaten their lives, health and safety. The same legal rights are common to all of the inmates at the Jail . The defendant Sheriff, County Commission, and the County Commission's members have the same legal duties and responsibilities with regard to all inmates at the Jas{. And all of the inmates at the Jail have the same legal rights with regard to their personal health and safety.
17 . The claims of the Plaintiff are typical of the claims of the class as a whole. The conditions and practices challenged in this action apply with equal force to the Plaintiff and all inmates at the Jail . Thus, the claims of the named Plaintiff are typical ofthose ofthe class.
18. The named Plaintiff will fairly and adequately represent the interests of the class as a whole. He is represented by counsel who have substantial knowledge of the Sail and its operations as a result of litigating Foster v . Fulron
Scanned Image - 1 :04CV1416 Document 4 page 8 Thu Jun 24 13 :27 :34 2004

Case 1:04-cv-01416-MHS Document 4 Filed 06/22/2004 Page 9 of 32
Counq, in this Court, have investigated conditions at the Jail, and are experienced in class action litigation involving jail and prison conditions .
19. Pursuant to Federal Rules of Civil Procedure 23(a) and 23(b)(2), class certification is warranted because the Defendants have acted or failed to act in a manner applicable to the class as a whole. Thus, final injunctive relief addressing the class as a whole is appropriate .
V. FACTUAL ALLEGATIONS 20. Plaintiff Frederick V. Harper was booked into the Fulton County Jail on April 11, 2004, on a charge of burglary . Plaintiff Harper was initially housed in the Bellwood Annex of the Jail . While there, PlaintiffHarper was assaulted by a Defendant Deputy T. Bennett on April 25, 2004, and sustained injuries to his head, neck, and back. Plaintiff is currently housed on the fifth floor of the main Jail on Rice Street in tense, overcrowded, unsanitary, and dangerous conditions . A. The incident at Bellwood 21 . The altercation between Plaintiff came after a disagreement about an extra tray as breakfast as inmates were getting food at the Bellwood facility. At some point, Deputy Bennett told Plaintiff Harper to exit through a door with him . Harper proceeded with Deputy Bennett through the door . Once through the door,
9
Scanned Image - 7 :04CV1416 Document 4 page 9 Thu Jun 24 13 :27 :36 2004

Case 1:04-cv-01416-MHS Document 4 Filed 06/22/2004 Page 10 of 32
Deputy Bennett slapped a food tray out of Plaintiff Harper's hands, made him turn around, and placed him in handcuffs very forcefully causing Plaintiff Harper a lot of pain. Deputy Bennett then forcefully moved Plaintiff Harper toward the holding cells. While doing so, Deputy Bennett kicked Plaintiff Harper's left foot behind his right foot. Plaintiff Harper lost his balance . He fell forward onto the concrete floor, hit the top of his head, and lost consciousness.
22 . When Plaintiff Harper regained consciousness, Deputy Bennett was no longer present and Plaintiff was helped to his feet by another officer . While getting to his feet, Plaintiff Harper lost consciousness again . The next time he woke up, Plaintiff Harper was in the Jail infirmary . He received five stitches in his head. Plaintiff Harper asked the medical staff if he could go to Grady Hospital for x-rays, but he was refused
B. The Conditions at the main Jail. 23 . Since the incident with Deputy Bennett, Plaintiff Harper has been housed in 5-North 100 Dorm at the main Jail on Rice Street. The Jail "is in a state of crisis, necessitating immediate action to reduce the inmate population, increase security staffing, and repair and maintain the basic systems required for basic health and safety, such as laundry, plumbing, electricity, and air handling ." This
10
Scanned Imago - 1 :04CV1416 Document 4 page 10 Thu Jun 2413 :27 :36 2004

Case 1:04-cv-01416-MHS Document 4 Filed 06/22/2004 Page 11 of 32
assessment was made by Dr. Robert Greifinger, M.D ., in a report to Fulton County dated May 31, 2004 . Dr. Greifinger was a consultant with regard to health care at the jail, initially for the United States District Court and then for Fulton County . After inspecting [he Jail on May 26-27, he reported, "the severe overcrowding and staff shortages have resulted in mounting tension within the living units." The report is appended as Exhibit A and is hereby incorporated by reference as if fully set out in this Amended Complaint. r
24. The Jail is dangerously overcrowded . The Jail was designed to have 1332 beds in cells and 44 infirmary beds. While it was being constructed, a decision was made to double bunk floors 1-5, thereby adding 918 beds. However, while the number of beds was increased, the amount of living space and the number of toilets, showers, and sinks was not increased . Since that time, additional beds have been added on the sixth and seventh floor and even a third bed has been added to some cells. The official "capacity" of the Jail is 2,250 plus 44 infirmary beds, but even that many people strains the .tail's plumbing, electrical, ventilation and laundry systems, which were designed for 1,332. At this
1 . The report is contained in a letter from Dr. Greifinger to Paula Morgan Nash of the Fulton County Attorney's office, dated May 31, 2004 .
11
Scanned Image " 7 :04CV1476 Document 4 page 11 Thu Jun 24 13 :27 :38 2004

Case 1:04-cv-01416-MHS Document 4 Filed 06/22/2004 Page 12 of 32
time over 3,365 inmates are at the Jail and the two annexes, Bellwood and Marietta . Because there are simply too many inmates in the Jail, the living areas have become extremely crowded . Approximately 500 inmates sleep on the floor or on bunks in the common areas of the Jail . On 5-North, Dorm 100, where Plaintiff Harper is currently housed three men are housed in each of the eighteen cells and twelve to thirteen men sleep on the floor.
25. The Jail is dangerously understaffed . There are not enough guards.' This condition results in danger to both correctional staff and inmates . In some units, the only correctional staff is a single officer in a glass booth; there are no officers to patrol the units. Due to a hiring freeze, approximately 90 positions are unfilled . Employees at the jail have been fired or suspended when inmates were erroneously released, a rap video was filmed at the Jail, and other improper activities occurred at the Jail . Because of the shortage of staff, there are unacceptably long delays in responding to emergency calls, whether to break up an altercation or to provide medical care for an inmate; food is often cold when it
2. Throughout this Amended Complaint, the terms "guard," "correctional officer," "deputies" and "staff' all refer to employees of the sheriff's office who have the responsibility for providing security at the jail .
12
Scanned Image - 1 :04CV1416 Document 4 page 12 Thu Jun 24 13 :27:38 2004

Case 1:04-cv-01416-MHS Document 4 Filed 06/22/2004 Page 13 of 32
finally reaches the housing units ; legal visits are delayed, and inmates sometimes do not see medical personnel or get needed medication . But the most significant consequence of the understaffing is that neither correctional staff or inmates are safe from violence which is common at the Jail.
26. The basic systems at the Jail are failing. Locks on many cells do not work. The physical plant, and the plumbing, electric, ventilation and laundry systems at the Jail are not designed for use by the number of people at the Jail and are failing due to the demands placed upon them. Dr. Greifinger reported :
The air dandling systems are overburdened ; they break down . The HVAC controls do not work. There are leaking pipes throughout the facility, broken or missing security cameras, damaged ceiling rile and overflowing toilets . On 5 North, body heat alone uses more than 50% of the air-conditioning capacity . The plumbing problems persist, with toilet leaks and inoperable sinks. The electrical systems are so strained that power regularly goes out in the dental unit. It is almost impossible to work productively in this environment. See Exhibit A, page 3 . He found that the maintenance staff, with an average 1,300 work orders per month, simply cannot keep up. Id. 27 . The number of people at the Jail is too many for its plumbing system . Sewage overflows from some toilets, leaks from the bottom of others and drips from pipes. This problem is so persistent in some units that some inmates have difficulty keeping down food and medicine . Many showers and sinks at the Jail
13
Scanned Image - 1 :04CV1416 Document 4 page 13 Thu Jun 24 73 :27 :40 2004

Case 1:04-cv-01416-MHS Document 4 Filed 06/22/2004 Page 14 of 32
do not work. Throughout the Jail, leaks from pipes creates stagnant pools of water on the floor.
28. The air handling systems have failed in many parts of the Jail . As a result, inmates crowded into inadequate space experience excessive temperatures, which adds to tension and poses a health risk as well. Dr. Greifinger described one housing unit as follows:
Wet clothing draped the railings-hopeful to dry in humidity exceeding 90%. The temperature was well over 80 degrees. Hot, especially for patients on psychotropic medications that make them vulnerable to heat injury such as heat stroke . Puddles outside the showers, mold inside, mold like a fur carpet on the ceiling . Acrid. The air conditioning cannot keep up with the heat and moisture . See Exhibit A, page 2 . There is mold and mildew throughout the Jail . 29. The laundry system has failed . For months inmates have not been able to get their underwear cleaned . This poses a health threat and contributes to the excessive humidity at the Jail . Dr. Greifinger reported :
The laundry is in crisis . On the days of my visit, all the dryers in the main jail had been broken for a week. . . . The inmates are washing their own underwear, in their little sinks with hand soap, hanging them to dry on the railings. This is unsanitary . The wet laundry further humidifies the air, already wet with perspiration from the crowding and the inadequate air handling equipment .
*~M
14
Scanned Image - 7 :04CV1416 Document 4 page 14 Thu Jun 2419:27 :40 2004

Case 1:04-cv-01416-MHS Document 4 Filed 06/22/2004 Page 15 of 32
Dirty and wet laundry pose substantial risks of transmission of illnesses, such as diarrhea) disease, drug-resistant boils, and hepatitis A.
To prevent outbreaks of these illnesses, the Jail must provide clean underwear and uniforms daily and at least twice weekly bed-linens and towels. See Exhibit A, pages 3, 4 . 30. The overcrowding, inadequate staffing, raw sewage, heat, humidity, mold, and other conditions at the Jail result in tension that leads to violence . Dr. Greifinger described the fifth floor ofthe jail as follows:
It was dank, full of sweaty bodies . The air was thick with the scent of wet underwear . Rank. Each zone the same. Wet laundry on the railings. Raised voices . Noisy. Crowded . Inmates buzzing about, milling randomly, a few banging on the zone doors. Mattresses on the floor in the day room. No duty officers in sight. It was very hot indoors this pleasant Spring day. The air-conditioning had been broken for days. There are two showers on a zone; zone 5 North 500 has 59 inmates, 18 sleeping on the floor. 5 South has 326 inmates, but only 12 showers. This is a unit built for 108, or about 200 double-bunked . There are broken ceiling tiles and water dripping from the ceilings into garbage pails . See Exhibit A, page 1 . Outbreaks of violence, which are common, put the lives and safety of inmates and correctional staff in danger. Both inmates and correctional staff live in constant fear for their safety and lives while confined at
15
Scanned Image - 7 :04CV1416 Document 4 page 15 Thu Jun 24 13 :27 :42 2004

Case 1:04-cv-01416-MHS Document 4 Filed 06/22/2004 Page 16 of 32
the Jail . Correctional staff do not want to be assigned to units without sufficient backup, but they are nonetheless because there is no alternative .
31 . There has already been substantial violence, leading to severe injury and there will be more unless immediate action is taken to reduce the Jail's population and increase the correctional staff. Understaffed and overwhelmed correctional officers are unable to quickly end alterations between inmates. Fights that are not broken up quickly can result in great bodily harm. One inmate, Anthony Wimbush, was assaulted by four other inmates on the sixth floor of the Jail and beaten so badly that he sustained serious head trauma and brain damage . He is in a coma and is not expected to recover. Another inmate, whose ear was partially bitten off in a fight, did not get immediate treatment because no guard had seen the attack . Another inmate committed suicide. Fights are common and both inmates and staff have been injure. A sufficient number of correctional staff at the Jail could have prevented these and many other incidents.
32. Another factor contributing to the overcrowding at the Jai! is that people are "lost" at the Jail and there are unacceptably long delays while people are held there before going to Court. For example, Nguyen Hen Van, a mentally ill Vietnamese man who speaks no English, was in the Jail for 19 months,
t6
Scanned Image - 1 :04CV1476 Document 4 page 16 Thu Jun 2413 :27 :42 2004

Case 1:04-cv-01416-MHS Document 4 Filed 06/22/2004 Page 17 of 32
apparently for purposes of a competency examination . While there, he was never seen by the mental health staff at the Jail . Another inmate, Willie Hill, was committed to the Jail on November 23, 2003, after being sentenced to time served for jaywalking in municipal court. In the seven months that he has been at the Jail, he has not seen a lawyer or been to Court. Timothy Grier, who is serving a sentence at the Hancock State Prison, was brought to the Jail on March 9 for a civil case, which was resolved on March 11 . Nevertheless, he has not been returned to the state prison.
33 . There are people in the Jail waiting for court proceedings who could be in the community . People arrested for minor offenses could be released after arrest without spending a night at the Jail . Instead, they are booked into the sail, taken to first appearance hearings one to three days later and, even if ordered released, remain in the jail several more days before being released, thus unnecessarily occupying a bed for as long as a week. People charged with violations of probation are arrested and housed at the Jail while awaiting revocation hearings ; they could be summoned to those hearings .
34. The policies, practices and conditions challenged in this lawsuit are the result of deliberate indifference on the part of defendants to the substantial risk of
17
Scanned Image - 1 :04CVt416 Document 4 page 17 Thu Jun 24 13 :27 :44 2004

Case 1:04-cv-01416-MHS Document 4 Filed 06/22/2004 Page 18 of 32
death or serious harm for inmates at the Fulton County Jail. All defendants know about this risk, which is longstanding, pervasive, well-documented, and apparent to any knowledgeable observer . The many problems of the Jai! have been widely publicized and even acknowledged by some of the defendants . The Fulton County Board of Commissioners heard on June 16, 2004, from people with various perspectives on the Jail about the problems there. The policies, practices and conditions challenged in this case have caused and, unless enjoined, will continue to cause needless suffering and an ongoing risk of death or serious injury to corrections staff and inmates .
35 . Plaintiff and members of the class have exhausted all administrative remedies available to them. Plaintiff Harper filed a grievance on or about April 28, 2004, addressing the assault by Deputy Bennett . He did not receive a response . Numerous grievances regarding the conditions at the Jail have not received a response .
VI. CLAIMS FOR RELIEF 36. The following claims are supported by reference to the previous paragraphs in this Amended Complaint and Exhibit A, which is appended and incorporated by reference as if fully set out herein .
18
Scanned Image " 1 :04CV1416 Document 4 page 18 Thu Jun 2413 :27 :44 2004

Case 1:04-cv-01416-MHS Document 4 Filed 06/22/2004 Page 19 of 32
Count I 37. The conditions of confinement at the Jail and defendants' deliberate indifference to those conditions, as well as their policies and practices in administering and overseeing the Jail, considered both discretely and in their totality, constitute cruel and unusual punishment in violation of plaintiffs' rights under the Eighth and Fourteenth Amendment to the United States Constitution, as enforced through 42 U .S .C. § 1983 .
Count II 38 . The conditions of confinement at the Jail and defendants' deliberate indifference to those conditions, as well as their policies and practices in administering and overseeing the Jail, considered both discretely and in their totality, constitute a denial of due process in violation of plaintiffs' rights under the Fourteenth Amendment to the United States Constitution, as enforced through 42 U .S.C. § 1953 .
Count III 39 . The failure of defendants Fulton County and the Fulton County Board of Commissioner to properly maintain, operate, and funding the Jail to "maintain
l9
Scanned Image - 1 :D4CV1416 Document 4 page 19 Thu Jun 24 13 :27 :46 2004

Case 1:04-cv-01416-MHS Document 4 Filed 06/22/2004 Page 20 of 32
the inmate, furnishing him food, clothing and any needed medical and hospital attention" violates plaintiffs' rights under O .C .G .A . § 42-5-2.
Count IV 40 . The failure of defendant Barrett to provide secure, safe and sanitary conditions of confinement, to provide timely and sufficient medical care for inmates, and to remove inmates from the Jail and commit them to the jails of nearby counties because the Jail has become unsafe violates plaintiffs' rights under O.C .G.A . §§ 42-4-4 (a)(1)-(2), and 42-4-5 (a)(3).
PRAYER FOR RELIEF WHEREFORE, Plaintiffs respectfully pray that this Court: 1 . Assume jurisdiction over this action ; 2. Order that this case maybe maintained as a class action pursuant to Rule 23(a) and 23(b)(2) of the Federal Rules of Civil Procedure; 3 . Declare unconstitutional and unlawful the conditions of confinement and treatment of inmates at the Jail ; 4. Enter a permanent injunction requiring the defendants, their successors, agents, employees, and all persons acting in concert with them, to take immediate steps to provide inmates with a safe, secure and sanitary environment, including
zo
Scanned Image - 1 :04CV1416 Document 4 page 20 Thu Jun 2413 :27 :46 2004

Case 1:04-cv-01416-MHS Document 4 Filed 06/22/2004 Page 21 of 32
but not limited to the following : (1) require the defendants to employ adequate number of trained staff as needed to operate the Jail properly, to protect the inmates from assaults, to respond to emergencies, to escort inmates to the infirmary, and to accompany nurses on the floors for distribution of medication ; (2) require the defendants to repair and maintain the plumbing and laundry systems to achieve sanitation and personal hygiene ; (3) require defendant to provide adequate ventilation for the number of people at the jail; and (4) prohibit the defendants from having any inmates sleep on the floor.
5 . Award plaintiffs costs ofthis lawsuit and reasonable attorney's fees ; and, 6, Order such additional relief as the Court may deem just and proper . Respectfully submitted this 22d day of June, 2004 .
STEPHEN B . BRIGHT GA Bar No . 082075 JOSHUA R . LIPMAN MS Bar No. 101399* VANESSA BUCH GA Bar No. 092122 Southern Center for Human Rights 83 Poplar Street, N, W . Atlanta, Georgia 30303-2122 Telephone : 4041688-12Q2 Facsimile : 404/688-9440
2l
Scanned Image - 1 :OdCV1476 Document 4 page 21 Thu Jun 24 13 :27 :48 2004

Case 1:04-cv-01416-MHS Document 4 Filed 06/22/2004 Page 22 of 32
JOHN F. SWEET GA Bar No. 694950 Clements & Sweet, P .C . 175 Trinity Avenue, S.W . Atlanta, Georgia 30303-3618 Telephone : 404/688-6700 Facsimile : 404/688-6703
Counsel for the plaint r
C--:w :: - . I Stephen B. Bright
*Applying for admission to this Court pro hac vice.
22
Scanned Image " 1 :04CV1416 Document 4 page 22 Thu Jun 2413 :27:48 2004

Case 1:04-cv-01416-MHS Document 4 Filed 06/22/2004 Page 23 of 32

IN Ti4E UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION

FREDERICK I-IARPER, individually and on

)

behalf of all present and future inmates in the

)

Fulton County Jail in Atlanta, Georgia,

)

Plaintiffs,

)

v.

)

DEPUTY TYRONE BENNEIT, individually ; )

and FULTON COUNTY, GEORGIA ; FULTON )

COUNTY BOARD OF COMMISSIONERS,

)

KAREN HANDEL, Chairperson, ROB PIT'TS, )

EMMA I. DARNELL, WILLIAM EDW.ARDS, )

TOM LOWE, NANCY BOXiLL, members;

)

JACQUELYN BARRGTT, Fulton County Sheriff,)

in their official capacities

)

Defendants .

)

CIVIL ACTION NO. 04-CV-1416

CERTIFICATE OF COMPLIANCE I, Stephen B. Bright, do hereby certify that the foregoing document has been prepared in 14-point Times New Roman font and complies with LIZ 5~ 1B .

Scanned Imago - 1 :04CV1416 Document 4 page 23 Thu Jun 24 7327 :50 2004

Case 1:04-cv-01416-MHS Document 4 Filed 06/22/2004 Page 24 of 32
I qz
STE N B . BRIGHT v GA Bar No. 082075 Southern Center for Human Rights 83 Poplar Street, N . W. Atlanta, Georgia 30343-2122 Telephone : 404/688-1202 Facsimile : 4041688-9440
Counsel for the plaintiff
Scanned Image - 7 ;04CV1476 Document 4 page 24 Thu Jun 24 13:27 :50 2004

Case 1:04-cv-01416-MHS Document 4 Filed 06/22/2004 Page 25 of 32

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

FREDERICK HARPER, individually and on

)

behalf of all present and future inmates in the

)

Fulton County Jail in Atlanta, Georgia,

)

Plaintiffs,

)

v.

)

DEPUTY TYRONE BENNETT, individually ; )

and FULTON COUNTY, GEORGIA; FULTON )

COUNTY BOARD OF COMMISSIONERS,

)

KAREN EIANDEL, Chairperson, ROB PITTS, }

EiWVfA I. DARNELL, WILLIAM EDWAR.DS, )

TOM LOWS, NANCY BOXILL, members;

)

JACQUELYN BARRETT, Fulton County Sheriff,)

in their official capacities

)

Defendants .

)

CIVIL ACTION NO . 04-CV-1416

[, Stephen B. Bright, do hereby certify that on this day I served a copy of the
foregoing Amended Complaint by first class United States mail, upon counsel for
the defendants:
The Honorable Overtis Hicks Btaatley Fulton County Attorney 141 Pryor Street, Suite 4035 Atlanta, GA 30303
This 22nd day of June, 2004 .

Scanned Imago - 1 :04CV1416 Document 4 page 25 Thu Jun 24 13 :27:52 2004

Case 1:04-cv-01416-MHS Document 4 Filed 06/22/2004 Page 26 of 32
r
STEPHEN 8 . BRIGl3T GA Bar No. 082075 Southern Center for Human Rights 83 Poplar Street, N . W. Atlanta, Georgia 30303-2122 Telephone : 4041688-1202 Facsimile : 404/688-9440
Counsel for the plaintiff
Scanned Image - 1 :04CV1416 Document 4 page 26 Thu Jun 24 73 :27 :52 2004

Case 1:04-cv-01416-MHS Document 4 Filed 06/22/2004 Page 27 of 32

ROBERT B. GREIFINGER, M.D.

FILED uINs.CoLcERK'S OFFICE

May 31, 2004

JUN 2 5 2004 LUBTYH: E~R,U1.
l~'~J Deputy Clerk

Paula Morgan Nash, Esq.

Office of the Fulton County Attorney

141 Pryor Street, S.W .

Suite 4038

Atlanta, GA 30303

Dear Ms. Nash :

I visited the Fulton County Jail on May 26 - 27, 2004, to review health care and jail conditions for the 18'° time in almost five years. As has been customary during this period, following my visit, I met with members of the jail staff, the medical staff, and counsel for Fulton County and for the inmates to discuss my findings . Nothing I said came as a surprise to anyone; it was generally acknowledged by everyone present at the meeting that there are major problems at the Jail that make health care delivery extremely difficult. The dismal environmental conditions and poor maintenance at the Jail were also recognized by everyone.

As I have reported numerous times in the past, these conditions substantially increase the risk of transmission of illness among inmates and staff. Moreover, the severe overcrowding and staff shortages have resulted in mounting tension within the living units, leading to violence and even death . Below are my specific observations . Overall, I believe the Jail is in a state of crisis, necessitating immediate action to reduce the inmate population, increase the security staffing, and repair and maintain the basic systems required for basic health and safety, such as laundry, plumbing, electricity, and air handling .

5 North and 5 South: Two Sides of the Fifth Floor of the Jail
It was dank, full of sweaty bodies . The air was thick with the scent of wet underwear. Rank . Each zone the same. Wet laundry on the railings . Raised voices . Noisy. Crowded. Inmates buzzing about, milling randomly, a few banging on the zone doors. Mattresses on the floor in the day room . No duty officers in sight. It was very hot indoors this pleasant Spring day. The air-conditioning had been broken for days. There are two showers on a zone; zone 5 North 500 has 59 inmates, 18 sleeping on the floor. 5 South has 326 inmates, but only 12 showers . This is a unit built for 108, or about 200 double-bunked. There are broken ceiling tiles and water dripping from the ceilings into garbage pails.
Extremely tense. Each of my senses raising an alarm. Scary. With almost two decades of visiting inmate housing units, it was the first time that I declined to go in .

ROBERT B . GaeWracsa, M .D . 3? PARKWAY DRIVE DOBBS FERRY, NEW YORK 10522-3517

PHONE : (914) 693-9205 FAX : (914) 674-0113
E-MAIL : robert .greifinger@verizon .net

'y , ,

V

Case 1:04-cv-01416-MHS Document 4 Filed 06/22/2004 Page 28 of 32
Fulton County Jail May 31 . 2004 Page 2 of 6
.? North: The "Mental Health Dorm"
Down to 3 North. Two hundred seventy-three bodies in an area built for 108 . Half of the inmates are diagnosed with major mental illness. Some have disorders of thought and others disorders of mood . The situation was fragile. Inmates sleeping on the floor in the day room . Mattresses only . No room for the "boats," the sled-like cradles for the mattresses, intended to keep the mattresses and bed linens from direct contact with the floor.
Stepping inside, I sloshed through puddles formed by the dripping condensation in the air handling system . The puddles around the showers were slick. Wet clothing draped the railings-hopeful to dry in humidity exceeding 90%. The temperature was well over 80 degrees. Hot, especially for patients on psychotropic medications that make them vulnerable to heat injury such as heat stroke . Puddles outside the showers, mold inside, mold like a fur carpet on the ceiling. Acrid. The air conditioning cannot keep up with the heat and moisture . Sleepy, quiet.
M officer pointed out Nguyen Hen Van, who didn't speak English. Mr. Nguyen has been behind bars since October 2002 on a low level felony charge . He was ordered by the Court to have a competency evaluation at Georgia Regional Hospital, but the Court never told Georgia Regional. Mr. Nguyen was lost in the system for 19 months, locked up, with no one who could understand him. Never seen by mental health staff at thejail because no one asked them . This is a failure of the courts . I shuddered in disbelief.
In 3 North, a nurse was giving out medications through the food trap on the door to the day room . No conversation was possible between her and the mentally ill inmates behind the door . She should have been inside, checking identity, administering prescribed medications one dose at a time, inquiring about side effects. But she would need an escort . There was no duty officer to escort her. So the nurse did her best to care for her patients.
3 South : Chronic Disease
3 South houses patients with chronic illness such as HIV . Same environment, but neither tense nor sleepy. Complaints about cold food, late medications, some days no medications. These were valid complaints . There are not enough duty officers to give out food when it is delivered from the sparkling new kitchen . There are not enough duty officers to escort and protect the nurses . There are not enough duty officers to bring patients to see the doctor or the dentist . As a result, inmates with chronic illness regularly (15 - 20%) miss their appointments .
1 North: Women's Housing
I North houses the women . Same environment: hot, wet, crowded, tense . Mattresses directly on the floor of the day room .

Case 1:04-cv-01416-MHS Document 4 Filed 06/22/2004 Page 29 of 32
Fulton County Jail May 31, 2004 Page 3 of 6
/make Unit
The new intake unit is also crowded. There is insufficient staff to classify the inmates as they come in. Most inmates spend more than 24 hours until they are booked. They spend this time in a small crowded holding cell . More than 24 hours until they are screened by a nurse for acute and chronic illness . More than 24 hours until the nurse can interview them to see if they have symptoms of contagious tuberculosis . More than 24 hours until they can get to see a doctor to write prescriptions for their medications for HN or mental illness. Intakes have increased by more than 50% in the past six months, but staffing has not increased . Nurses are commandeered to the intake unit from the floors . This delays sick call and medication administration . These delays can be dangerous for people who are acutely ill or who need medication on a strict schedule, such as people with diabetes or HN .
Because of the backlogs in intake, some inmates are sent directly to 2 North without being formally booked . They don't get medical screens, or, if they do, it is sometimes hard to identify who is who. This is because they may use an alias in the intake unit . Prescriptions are written in one name and health staff may not know who to give medication to when they are later booked with another. This further delays medication administration .
Overcrowding and System Failures
On May 24, 2004, there were 3,299 inmates in custody, 3,035 in the main jail . The main jail was built for half this number. The court order in 1999 limited the main jail to 2,250, but this order expired in late 2002 . A full 500 inmates were housed in the facility without cells, sleeping on the floors in the day rooms .
The maintenance staff cannot keep up. They spend 90% of their time on repairs and only 10% on preventive maintenance. They average 1,300 work orders per month. The air handling systems are overburdened ; they break down. The HVAC controls do not work. There are leaking pipes throughout the facility, broken or missing security cameras, damaged ceiling tiles and overflowing toilets . On 5 North, body heat alone uses more than 50% of the air-conditioning capacity. The plumbing problems persist, with toilet leaks and inoperable sinks . The electrical systems are so strained that power regularly goes out in the dental unit . It is almost impossible to work productively in this environment.
Laundry
The laundry is in crisis . On the days of my visit, all the dryers in the main jail had been broken for a week . Only one dryer was functioning at Bellwood, an annex next door. The inmates are washing their own underwear, in their little sinks with hand soap, hanging them to dry on the railings . This is unsanitary. The wet laundry further humidifies the air, already wet with perspiration from the crowding and the inadequate air handling equipment. The Sheriffhas spent at least $500,000 on outsourced laundry services for uniforms and towels, but the outside laundries will not do underwear.

Case 1:04-cv-01416-MHS Document 4 Filed 06/22/2004 Page 30 of 32
Fulton County Jail May 31, 2004 Page 4 of 6
Dirty and wet laundry pose substantial risks of transmission of illnesses, such as diartheal disease, drug-resistant boils, and hepatitis A.
To prevent outbreaks of these illnesses, the Jail must provide clean underwear and uniforms daily and at least twice weekly bed-linens and towels .
StaffShortage
There is a severe shortage of uniformed staff, with more than triple the usual vacancies of the past few years. But the vacant positions are frozen . Each new vacancy becomes a permanent vacancy. Vacancies are occurring at a rate of 80 per year. On May 24, 2004, there were 94 unfilled positions for uniformed staff. Absent duty officers, there is vandalism that creates a higher maintenance burden. Sergeants are doing what they can, as duty officers . But this leaves duty officers with less supervision . Health care staff has few escorts, so inmates do not get to see their physicians and do not get their medication when they need it. Uniformed staff shortages are reducing productivity of the health care staff. Because of these shortages, approximately 18% of scheduled dental appointments and 20% of sick calls and chronic care visits are missed. The appointments roll forward, increasing the demands on the schedule. We have not had a problem of this magnitude in four years.
The lack of security and heightened tension level that result from uniformed staff shortage also leads to serious injury and possibly death of inmates. This Spring, an inmate sustained head trauma and serious brain damage as a result of an assault in the housing unit . During my tour he was on life-support at Grady Medical Center . There were insufficient numbers of security staff available to break up the fight . Another inmate died of suicide, a death that might have been averted with better staffing and inmate supervision.
Positive Notes
Despite the extremely adverse working conditions, the health care staff continues to perform well . To the extent that the health care staff does not face barriers caused by security staff vacancies and faulty mechanical systems, the quality of medical care is good . The performance measurement system is in place. Once inmates actually do get to see the health care staff, the performance exceeds 85% on most measures.
There is a new pharmacy program with a correctional pharmacy called Secure Plus . The formulary has not been compromised by eliminating effective but expensive medications. A tickler system is working to prevent lapses between refills . There is a substantial cost-savings to the County with the new program.
The mental health program has been consolidated with the medical care program . This should help with staffing economies and communication.
There are only three or four nurse vacancies. In light of the nursing shortage and difficulties correctional facilities are having nationwide, this is a very low vacancy rate.

Case 1:04-cv-01416-MHS Document 4 Filed 06/22/2004 Page 31 of 32

Fulton County Jail May 31 . 2004 Page 5 of 6

Conclusions

Jail staff appears to be doing everything they can with limited resources. The courts control the census, the County controls the staff vacancies, and the main jail physical plant is inadequate . There is inadequate funding for preventive maintenance .

Correctional Medical Associates, Inc ., the vendor for medical and mental health care, is functioning as well as it can, given the barriers described above.

I fear the onset of summer :

The tension level among both staff and inmates is already high. The stresses continue unabated .

The overcrowding is increasing. The jail is an extremely uncomfortable living and working environment.

The air-handling systems, plumbing, and electrical systems cannot keep up due to crowding, poor construction and underfunded maintenance. The housing units are unsanitary .

"

The laundry is not functional . Sink-washing of underwear is not hygienic and contributes

to the demand on the air handling systems .

"

Uniformed staff vacancies are increasing, reducing levels of inmate supervision and

interfering with the provision of timely medication and medical care .

"

Intake is functioning poorly, posing health risks to the staff and inmates.

"

Inmates are at risk of heat injury . They are especially vulnerable if they are on

psychotropic medications or other selected medications. Inmates and staff are at risk of

widespread transmission of communicable disease because of the crowding, the heat, and

the inadequate laundry.

The facility needs a heat policy . When the heat index (a calculation of temperature and humidity) reaches or exceeds 88, vulnerable inmates need air conditioning, extra liquids and increased access to showers. Vulnerable inmates include those on antipsychotic, antihistamine, or anti -hypertensive medication and those with chronic diseases such as diabetes, chronic lung disease, end-stage renal disease and heart disease. Between 12% and 15% of the inmates in this facility classify as heat vulnerable .

"

Health care staff is also tense and dispirited . Staff is frustrated because of the barriers to

doing their jobs . The psychiatrists have to see their patients on the housing units, but can

only talk to them through the cracks in the cell doors or kneeling down, through the food

traps . Patients are not getting to see the doctors and dentists. The nurses are unable to

deliver medications on time .

These problems are serious . Lapses in medication and care cause harm. Inmates are less satisfied and more likely to get agitated . Staff turnover will increase if the barriers to care are not
reduced .

Case 1:04-cv-01416-MHS Document 4 Filed 06/22/2004 Page 32 of 32
Fulton County Jail May 31, 2004 Page 6 of 6
In my opinion, the Fulton County Jail needs immediate intervention by responsible county officials to prevent serious harm to staff and inmates. The County must address the problems created by crowding, staff shortages, laundry, and mechanical systems with all possible haste.
Sincerely,

cc : Sheriff Jacqueline Barren Lloyd Baccus, M.D. George Herron Tamara Serwer, Esq . Chip Rowan, Esq .

Robert B. Greifinger, M.D.

 
 Case 1:04-cv-01416-MHS Document 89 Filed 12/21/2005 Page 1 of 36
ORIGINAL

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF GEORGIA

ATLANTA DIVISION

!N CLm('S

FREDERICK HARPER, individually and on ) behalf of all present and future inmates in the ) Fulton County Jail in Atlanta, Georgia, )

Plaintiff, )

v.

)

DEPUTY TYRONE BENNETT, individually ; )

and FULTON COUNTY, GEORGIA ; FULTON }

COUNTY BOARD OF COMMISSIONERS, )

KAREN HANDEL, Chairperson, ROB PITTS, }

EMMA I. DARNELL, WILLIAM EDWARDS, )

TOM LOWS, NANCY BOXILL, members, in }

their official capacities ;

}

Defendants, )

MYRON FREEMAN, Fulton County Sheriff, ) in his official capacity, )

Defendant and Third Party Plaintiff, )

v.

)

}

JIM DONALD, Commissioner Georgia, )

Department of Corrections in his official capacity, )

and the GEORGIA DEPARTMENT OF

)

CORRECTIONS, )

Third-party defendants .

) }

,EC 2 12005
' :U?y Ck elc
CIVIL ACTION NO. 04-CV-1416-MHS
CONSENT ORDER

Case 1:04-cv-01416-MHS Document 89 Filed 12/21/2005 Page 2 of 36
I. Introduction 1 . This Consent Order resolves the dispute between the Plaintiffs, a class of inmates who are now or will be incarcerated in the future at the Futon County Jail facilities in Atlanta, Georgia, and the Defendants, Fulton County, Georgia ; the Fulton County Board of Commissioners and its members, in their official capacities ; the Sheriff of Fulton County, in his official capacity, and the Commissioner of the Georgia Department of Corrections, in his official capacity, regarding conditions at the Fulton County Jail . The term "Defendants" herein refers to all of these defendants and their successors, agents, and assigns, with the exception of the Commissioner of the Georgia Department of Corrections and the Georgia Department of Corrections . The term "County Defendants" refers to Defendants Fulton County and the Fulton County Board of Commissioners and its members in their official capacities . The term "Sheriff' refers to the Sheriff of Fulton County in his official capacity . The term "State Defendants" refers to the Commissioner of the Georgia Department of Corrections and the Georgia Department of Corrections . Unless otherwise expressly provided herein, any obligations of this Consent Order related to the physical condition or maintenance of jail facilities shall not be the responsibility of the State Defendants . 2 . Plaintiff Frederick Harper brought this action on June 22, 2004, pursuant to 42 U.S .C. § 1983, seeking compensatory and punitive damages, and
2

Case 1:04-cv-01416-MHS Document 89 Filed 12/21/2005 Page 3 of 36
preliminary and permanent injunctive relief and declaratory relief for violations of his rights under the Eighth and Fourteenth Amendments of the U .S . Constitution . In his amended complaint, the Plaintiff alleges that he, and all people at the Jail, were confined in unconstitutional living conditions due to an excessive number of inmates in the Jail , an inadequate number of detent ion officers to ensure their safety, the breakdown of the ventilation, plumbing and laundry systems, and other circumstances .
3 . The conditions at the Jail were described in a report of Dr . Robert Griefinger dated May 31, 2004, which is appended to this Consent Order as Appendix A.
4. The parties agree that Dr . Greifinger's report accurately described the conditions at the Jail on May 26-27, 2004 and agreed on July 7, 2004, to the appointment of a receiver by the court . See Consent Order of July 7, 2004, entered herein . On July 14, the Court appointed John Gibson as the Receiver . Order Appointing Receiver of July 14, 2004, filed herein . The Court swore John Gibson in as receiver on July 23, 2004, and he immediately took charge of the Jail . He served until January 1, 2005, when the newly elected sheriff of Fulton County assumed responsibility for the Jail .
5 . The Plaintiffs, the . Fulton County Sheriff, and the County Defendants have reached agreement as set out in this Consent Order with regard to all claims
3

Case 1:04-cv-01416-MHS Document 89 Filed 12/21/2005 Page 4 of 36
for declaratory and injunctive relief on behalf of the class . Defendant Department of Corrections has agreed to perform the obligations imposed by it under this Consent Order . The parties agree that Dr . Greifinger 's letter of May 31 , 2004 and his September 14, 2004 follow-up report (Appendix A) provide an adequate factual basis for the Court to assess the conditions at the Jail and make findings herein .
6. The Court shall retain jurisdiction to enforce the terms of this Consent Order as provided by law .
7 . The parties agree that a violation of the terms and conditions of this consent order does not alone establish the existence of unconstitutional conditions at the Jail or that any violation of an inmate's constitutional rights has occurred. No citation of contempt shall be issued for violation of the terms of this Order unless the dispute resolution procedures set out in Paragraph 1 12 have first been invoked and unless the Court has made a finding that such violation has led to unconstitutional conditions of confinement at the Jail or that the violation has led to violation of the constitutional rights of an inmate .
II. Definitions and Descriptions 8. The terms "Jail" and "Fulton County Jail" refer to the three facilities presently operated by the Fulton County Sheriff as the Fulton Count y Jail: the main building at 901 Rice Street which has a capacity of 2250 inmates, the Bellwood
4

Case 1:04-cv-01416-MHS Document 89 Filed 12/21/2005 Page 5 of 36
Annex which has a capacity of 200, and the Marietta Annex which has a capacity of 100.
9. The main jail at 901 Rice Street consists of a three-story low rise structure joined to an elevator tower, providing access to two housing towers, designated the North Tower and the South Tower. The North side of the jail has seven floors where inmates are housed ; the South side of the jail has six . Each such floor has six cellblocks, each containing 16 to 18 cells and a dayroom . Each floor also has a unit for exercise and an all-purpose unit used for sick call, legal and family visitation, counseling, and other purposes .
10. "Zone" refers to any one of the cellblocks, units for exercise or multipurpose units .
11 . "Staff' refers to any and all individuals involved in the administration of the Jail, deputies, detention officers, security specialists, and other employees, whether sworn deputies or civilian, and any other agents, successors, and assigns .
As used herein, "uniformed officer" refers to personnel trained and qualified to supervise inmates in the jail, whether sworn deputies of the Sheriff's office or civilians trained for such duties .
5

Case 1:04-cv-01416-MHS Document 89 Filed 12/21/2005 Page 6 of 36
III. Terms and Conditions Necessary to Prevent Overcrowding, Provide for Appropriate Staffing, and Reduce Processing Time
A. Staffing and Security 12. The number of uniformed officers at the Rice Street facility and the two annexes shall not be decreased below the level authorized on June 1, 2045, unless such decrease is authorized by order of this Court . See Appendix B . The Board of County Commiss ioners shall not "freeze" or otherwise prevent the filling of positions presently authorized for security staff at the jail facilities without leave of this Court. 13. All Staff shall be trained with regard to the Jail's Jail Bureau Policies and Procedures Standard Operations Manual and be required to consult and follow the policies and procedures contained in it . 14. The Sheriff shall assign sufficient detention staff to provide transport, security and other functions necessary for the provision of medical care . The County Defendants shall provide sufficient detention staff for regular sick call and the prompt distribution of medications in all three facilities, and for prompt transport of inmates to and from any medical appointments or needed medical care, either in the facility or in the community . The Sheriff shall train detention staff to recognize and respond appropriately to signs and symptoms of mental illness . 15 . The Sheriff shall require detention staff assigned to each floor to conduct security rounds inside each zone every hour .
6

Case 1:04-cv-01416-MHS Document 89 Filed 12/21/2005 Page 7 of 36
16. All cell doors at the Jail shall be equipped with functioning locks which can be opened remotely from the tower . These locks shall be maintained in good working order.
17. All housing units shall have functioning emergency call buttons or intercoms in the day room at all times . On the medical floor of the Jail, each cell shall have a functioning emergency call button . Emergency call buttons and intercoms shall remain on except for good reason documented . This documentation shall be maintained as a log at the Jail .
B. Population Limits and Housing 18 . The population of the 901 Rice Street facility shall not exceed an average of 2250 inmates daily in any calendar month so long as all housing units are being utilized . If one or more cellblocks are not being used, the population shall be reduced by the number of inmates normally housed in that part of the Jail . Other population figures in this Consent Order shall be adjusted in this manner . The population of Beliwood shall not exceed 200, and Marietta shall not exceed 100 . 19 . No inmate shall be required to sleep on the floor . 20. No more than two inmates shall be housed in a cell . 21 . Defendant Commissioner of the Georgia Department of Corrections shall ensure that all inmates eligible for transfer to state prison facilities will be
7

Case 1:04-cv-01416-MHS Document 89 Filed 12/21/2005 Page 8 of 36
removed from the Fulton County Jail or any other facility operated or leased for the housing of arrestees or inmates by the Fulton County Sheriff on a priority basis and transferred to a state facility as soon as possible after receipt of the paperwork necessary to effect the transfer .
C. Processing of Releases 22. The Sheriff shall implement and maintain procedures to provide for the release of Inmates from the Jail within a reasonable period of time, not to exceed 24 hours after receipt of court documents establishing that the inmate has received a signature bond, been authorized to post and has posted bond, had the charges against them dismissed, or otherwise become eligible for release . (The parties acknowledge that this time period may be exceeded for inmates subject to unreleased holds from other counties or governmental authorities .) The Sheriff will take all reasonable and prudent measures available to reduce the release time as much as possible and shall provide to the court and all parties to this Consent Order a monthly report of all inmates detained more than 24 hours after receiving a signature bond, posting bond, having the charges against them dismissed, or otherwise becoming eligible for release . The report shall state how long the inmate was detained after becoming eligible for release and the reason the detention exceeded 24 hours .
8

Case 1:04-cv-01416-MHS Document 89 Filed 12/21/2005 Page 9 of 36
23 . The Clerk of Fulton County Superior Court shall work with the Sheriff to accomplish real time disposition of court cases .
24 . The Fulton County State Court shall work with the Sheriff to implement first appearance hearings at the jail beyond normal business hours by the use of video-conferencing, a judicial officer conducting such hearings at the jail, or other means .
IV. Other Terms And Conditions
A. Staffing and Security 25 . The Sheriff shall assign at least three uniformed officers to supervise the inmates in the six cellblocks on each side of each floor at the Rice Street facility on all shifts seven days a week . In addition, one supervisor shall be stationed on each floor and at least one person shall be stationed in the tower to observe the cellblocks on each side from the tower . The Sheriff shall report to the Court each month when there are fewer than three officers in a cellblock on any shift and the reason for there being fewer than three . 26. Whenever the number of inmates on the floor on one side at the Rice Street facility exceeds 224, the Sheriff shall deploy on that floor at least one additional uniformed officer for every 25 inmates over 200 on all shifts seven days a week until the population decreases to 204 or less . If the Sheriff is unable to deploy the officers required by this paragraph within 10 days after the number of
9

Case 1:04-cv-01416-MHS Document 89 Filed 12/21/2005 Page 10 of 36
inmates requires it, the Sheriff shall find other housing for enough inmates to reduce the inmate population on the floor to a level for which he has the minimum staffing required by the provisions of this Consent Order .
27. If inmates are housed at those facilities, there shall be 5 officers and a supervisor at Bellwood and 3 officers and a supervisor at Marietta, for all shifts .
28. Maintaining sufficient personnel to meet these staffing levels 24 hours a day seven days a week is necessary for the safety and security of inmates and jail personnel and shall be a high priority of the Sheriff . The Sheriff shall employ various measures to maintain sufficient personnel, including, but not limited to the use of overtime, temporary reassignment of personnel, and filling any vacancies as promptly as possible .
29. The Sheriff shall maintain administrative staff at the Rice Street facility adequate to complete processing of : new inmates as soon as possible and no later than within 8 hours of commitment ; inmates in time for first appearance on the next available court date ; and inmates for release as soon as possible and in any event within 24 hours of notice and receipt from the court of paperwork establishing their eligibility for release .
30. The Sheriff shall ensure that detention staff shall conduct regular and random searches for weapons throughout inmate housing units, common areas, and all-purpose rooms .
10

Case 1:04-cv-01416-MHS Document 89 Filed 12/21/2005 Page 11 of 36
31 . The Sheriff shall ensure that there shall be sufficient detention staff to ensure that a detention officer is available to be present, as requested by the nurse, at all times during pill distribution .
B. Population Limits a nd Housing 32. The Sheriff shall maintain at the Jail a classification system that specifies at least three levels of custodial control . Any revisions in the classification system shall be documented, provided to counsel for the Plaintiffs, and maintained in the Jail Bureau Policies and Procedures Standard Operations Manual . 33. The Sheriff shall on a weekly basis notify the Chief Judge of the Superior and State Courts, the Chief Magistrate, the District Attorney, the Solicitor General , the chiefs of each police force in the c ounty, the public defenders , and counsel for the Plaintiffs of the total population of the three jail facilities and the number of beds available for men and for women at the facilities on the day of the report . 34 . The Sheriff shall on a daily basis provide the magistrates or judges conducting first appearance hearings in both Superior and State Court with the number of beds available for men and for women in the jail facilities before the start of first appearance hearings each day .
11

Case 1:04-cv-01416-MHS Document 89 Filed 12/21/2005 Page 12 of 36
35 . Whenever the inmate population at the Rice Street facility reaches or exceeds 2100 and other housing is not available, the Sheriff will take the following actions :
a. Notify the judges and magistrates of the State and Superior Courts, the District Attorney, the Solicitor General, and the chiefs of each police force in the county, that the Jail is near capacity, inform them of the number of beds available at the Jail and request that it be taken into account with regard to releasing arrestees on citation, setting bond, sentencing and sentencing modification,
b . Review inmate records for early releases or home arrest . 36 . The Sheriff shall maintain a list of other facilities where beds are available. If the number of inmates in the Rice Street facility exceeds the number that can be housed two to a cell, the Sheriff may house inmates on bunks in the day rooms while making efforts to decrease the population and find alternative housing in order to reduce the overall inmate population to capacity within forty-five (45) days. If the population of the Rice Street facility remains over 2250 for twenty (20) consecutive days, the Sheriff shall find alternative housing, place inmates on home arrest pursuant to statute, implement early release, or take such other action as he deems appropriate to reduce the population to 2250 . 37. In addition to the actions being taken by the Sheriff, if the Rice Street population exceeds 2250 for twenty (20) consecutive days, the Public Defender
12

Case 1:04-cv-01416-MHS Document 89 Filed 12/21/2005 Page 13 of 36
shall provide a list of inmates deemed eligible for release to the District Attorney who shall examine such list to determine whether an agreement can be reached on the release of said inmates . If an agreement is not reached by the Public Defender and District Attorney, the list will be submitted to the Chief Judge who after review, may authorize the release of inmates from the list as deemed appropriate .
38 . Whenever less than 15 or fewer beds remain available for women, the Sheriff shall take the measures set out in paragraph 35 in order to prevent, if possible, the number of women from exceeding the number of beds for women . If the number of women exceeds the number of permanent beds, two beds to a cell, for women by 10 or more for twenty days or more, the Sheriff shall find alternative housing, place inmates on home arrest pursuant to statute, implement early release, or take such other action as he deems appropriate to reduce the population so that it does not exceed the number of permanent beds, two beds to a cell, for women .
39 . Upon inquiry, plaintiff's counsel shall be provided the Jail population count on any day .
C. Replacement, Repair and Preventive Maintenance of Mechanical, Plumbing and Electrical Systems 40. The maintenance of the physical structures that are used to house inmates by Fulton County, including the 901 Rice Street facility, the Bellwood Annex and the Marietta Annex, and the mechanical, plumbing, and electrical
13

Case 1:04-cv-01416-MHS Document 89 Filed 12/21/2005 Page 14 of 36
systems shall be the responsibility of the County Defendants operating through the General Services Department of Fulton County .
41 . The County Defendants shall inspect manholes 4 through 14 on the sewer line serving the Rice Street Facility no less than quarterly and shall pump these manholes as required to insure that sewage does not back up into the housing areas on the first floor of the Rice Street Facility. The County Defendants shall work with City of Atlanta officials to insure that there are no cross connections problems in the water and sewer pipes serving the Rice Street Facility and shall cause any such problems to be corrected as soon as practicable . In the event these actions do not lead to a resolution of the problem of sewage backing up into the housing areas, the County Defendants and the Plaintiffs will discuss and will bring to the Court for its review additional remedial actions needed to resolve the problem.
42. By July 1 , 2009, County Defendants shall repair and upgrade as needed and appropriate the plumbing in the jail facilities, including but not limited to replacing fixtures in cells where needed ; making such repairs as needed to ensure that all toilets, faucets and showers work properly ; reinstalling those fixtures which are not properly affixed to the walls and the plumbing system ; removing electrical hazards from showers ; and, installing shutoff control devices .
14

Case 1:04-cv-01416-MHS Document 89 Filed 12/21/2005 Page 15 of 36
43 . The County Defendants shall by duly 1, 2009, complete the following work at the 901 Rice Street facility :
(a) replace the heating, ventilation and air conditioning equipment (HVAC), including the air handling units, terminal units and exhaust fans, associated ductwork and piping;
(b) replace air grilles in the cells, dayrooms, corridors and support areas ; (c) replace existing building energy management system with a direct digital control energy management system ; (d) replace power disconnect and motor starter for all the HVAC equipment and modify electrical equipment to support new HVAC equipment ; (e) install new lighting fixtures in all living areas in the towers at 901 Rice Street and salvage and reuse existing lighting fixtures in the low rise building at 901 Rice Street ; (f) install new acoustic ceiling tile ; (g) remove and replace chillers, cooling towers and chilled water pumps at the central plant . (h) upgrade the electrical capabilities of the facility at 901 Rice Street, including its generators, so that sufficient amounts of electricity are provided to the facility at all times and power outages are avoided .
15

Case 1:04-cv-01416-MHS Document 89 Filed 12/21/2005 Page 16 of 36
44. The County Defendants shall by July 1, 2009, renovate the four employee/inmate elevators at 901 Rice Street as necessary to insure the safe and reliable operation of each elevator . The County Defendants shall by July 1, 2009, renovate the two public elevators at 901 Rice Street as necessary to insure the safe and reliable operation of each elevator.
45 . The County Defendants shall issue requests for proposals to accomplish the goals of Paragraphs 42, 43, and 44 no later than November 1, 2005, and shall commence the renovations as soon as practicable thereafter .
46. The County Defendants, through the Fulton County General Services Department and retention of engineering, construction and other appropriate firms, shall bring all of the jail facilities into compliance with the electrical, fire, plumbing, mechanical and other applicable codes of Georgia and Fulton County .
47. The Count y Defendants , through the Fulton County General Services Department and/or consultants, contractors and other means, shall carry out a program of preventive maintenance to minimize disruptions of the operation of the jail facilities due to mechanical failures .
48. The County Defendants shall employ sufficient maintenance staff to identify maintenance needs, carry out routine maintenance and promptly make repairs where needed . When on-site maintenance staff is unable to repair some part of a critical system such as HVAC or heating, County Defendants shall
16

Case 1:04-cv-01416-MHS Document 89 Filed 12/21/2005 Page 17 of 36
immediately secure a qualified person to make the repair . Dated work orders for both routine and extraordinary maintenance, including descriptions and dates of actions taken, shall be maintained at the Jail .
49 . The Sheriff shall inform inmates of and shall have ready access to "Maintenance Repair Forms" such as the one appended as Appendix C to notify staff of maintenance needs . Maintenance Repair Forms shall be available to inmates at all times . The Sheriff shall arrange through a lock-box or other means a way for inmates to submit such forms . The Sheriff will screen requests to eliminate duplicate and frivolous requests .
50. Once notified by the Sheriff, the County Defendants shall address maintenance repairs in a timely fashion and in order of severity, as set forth in the maintenance contract . All responses to "Maintenance Repair" forms shall be documented and maintained at the Jail .
D. Ventilation and Temperature s 51 . The Sheriff shall adopt and implement the "Excessive Heat Policy" appended hereto as Appendix D . The policy shall be included in the Jail's Jail Bureau Policies and Procedures Standard Operations Manual . A determination shall be made at medical screening at intake of those inmates vulnerable to heat injury, including aged or pregnant inmates, inmates with chronic illnesses, and
17

Case 1:04-cv-01416-MHS Document 89 Filed 12/21/2005 Page 18 of 36
inmates taking certain medications and taken into account when establishing the inmate's medical profile .
52. The Sheriff shall ensure that the heat index is measured and reported on every shift where the reported ambient temperature is 80° or higher or the recorded heat index on the housing area is 88° or higher . Where the reported ambient temperature is 80 degrees or higher or the recorded heat index on the housing area is 88 degrees or higher then the "Excessive Heat Policy" shall be implemented by the Sheriff . Instruments used to measure temperatures and relative humidity shall be calibrated weekly .
53. The ventilation system in the cells shall provide at least fifteen (15) cubic feet per minute of circulated air per occupant . Additionally, cells shall have no less than four (4) air changes per hour .
54. The Sheriff shall provide inmates with additional clothing and blankets when the temperature falls below sixty-five (65) degrees Fahrenheit .
55. The Sheriff shall ensure that inmates being transferred from the Jail to the courthouse on a bus with no air conditioning shall be provided access to fresh ice water during the course of the trip and while waiting on the bus .
E. Environmental Health and Safety 56 . The Sheriff shall provide inmates adequate cleaning supplies to clean and disinfect their living areas on a daily basis . When using cleaning supplies,
18

Case 1:04-cv-01416-MHS Document 89 Filed 12/21/2005 Page 19 of 36
appropriate protective clothing and equipment shall be available for use by inmates and staff .
57 . The Sheriff shall ensure that all safety and cleaning equipment is cleaned and stored in a safe manner . This equipment shall be maintained in good working order .
58. The Sheriff shall ensure that kitchen staff, including contracted employees and inmate workers, receive training which includes the reasons for and meaning of taking temperatures of food and delivering food quickly .
59. The Sheriff shall develop policies and procedures for maintaining the sanitation and environmental cleanliness of the Jail, which will be included in Jail Bureau Policies and Procedures Standard Operations Manual . Plaintiffs' counsel shall be permitted to review and comment on the policies and procedures prior to their final adoption .
60. The Sheriff shall ensure that all housing areas, including showers, sinks, and common areas are thoroughly and safely disinfected and cleaned on a regular basis to control mold and Staphylococcus .
61 . The Sheriff shall ensure that the dishwashing machines in the Jail kitchen shall have a "final rinse" water temperature of one hundred-eighty degrees (180) Fahrenheit with a nozzle pressure of 15-10 psi . The time and conveyor
19

Case 1:04-cv-01416-MHS Document 89 Filed 12/21/2005 Page 20 of 36
speed of water hitting the dish, utensil, or tray shall conform to the operating manual of the dishwasher .
62. The Sheriff shall cause the air quality in cells and day rooms to be documented by a qualified individual on a regular basis . This documentation shall be maintained at the Jail .
63 . During the existence of this Consent Order, an environmental specialist retained by plaintiffs' counsel shall be allowed twice a year to inspect the Jail, speak with inmates and staff; inspect documents ; take photographs of environmental conditions and take samples on a date and at a time approved by the Sheriff.
F. Plumbing 64. The County Defendants shall maintain toilets , showers, and sinks in good working order . The County Defendants shal l develop a preventive maintenance schedule and policy for upkeep of the plumbing system . 65. All inmates in the Jail shall have access to fresh drinking water twenty-four (24) hours per day seven (7) days per week . 66 . No inmate shall be housed in a cell with standing water in the cell . No inmate shall be housed in a cell with a toilet that does not work or a sink that does not work.
20

Case 1:04-cv-01416-MHS Document 89 Filed 12/21/2005 Page 21 of 36
67 . The County Defendants shall clean up any and all sewage leaks within two (2) hours of becoming aware of them .
68. The hot water temperature in all showers and sinks in the Jail shall be between one hundred (100) degrees and one hundred twenty (120) degrees Fahrenheit . There shall be at least one (])working shower in each zone . All sinks shall have working cold and hot water .
69 . All electrical wiring in showers shall be covered according to code such that no live wire is exposed .
G. Laundry 70. The Sheriff shall provide all inmates with at least three (3) sets of clean Jail uniforms and underwear per week upon being assigned to a housing zone. All inmate linens and towels shall be exchanged for clean linens and towels at least twice weekly. 71 . The Sheriff shall permit only those inmates and staff trained in the proper use of all laundry equipment to use the equipment . Training shall include instructions regarding laundry procedures - how long clothes are to wash and dry, the amount of detergent to be used, the temperatures required to disinfect the materials being washed, the requirement that clothes be completely dry, and similar information - shall be maintained in writing .
21

Case 1:04-cv-01416-MHS Document 89 Filed 12/21/2005 Page 22 of 36
72 . The Sheriff shall maintain separate laundry carts for clean clothes and soiled clothes, and carts shall be clearly labeled indicating clean clothes or soiled clothes .
73 . Dissolvable laundry bags shall be located in an area that is easily accessible during an emergency for collection of clothes, linens, and other laundry items that become contaminated with blood or bodily fluids .
H. Housing 74. All cells in the Jail shall be equipped with adequate lighting . Lighting in the cells shall be at least twenty (20) foot candles at desk level and at the grooming station pursuant to Jai l Bureau Policies and Procedures Standard Operations Manual No .1100-01 . 75 . All cells shall have a working day light . No inmate shall be confined in a cell without a working light . 76 . Noise levels in the inmate housing units shall not exceed 70 dBA (A Scale) during the daytime and 45 dBA (A Scale) at night . "Night" shall be defined as from 11 :00 p .m. until breakfast is served . "Daytime" shall consist of all other times . See Jail Bureau Policies and Procedures Standard Operations Manual No . 1100-03 .
22

Case 1:04-cv-01416-MHS Document 89 Filed 12/21/2005 Page 23 of 36
I. Legal and Family Visits 77 . The Sheriff shall allow legal visits at the Jail from 7 a .m. until midnight seven days a week . The County Defendants shall install telephones in the attorney visiting booths to facilitate confidential communications between attorneys and clients . 78. The County Defendants shall ensure that all steel grating covering windows in any visitation booth shall be removed and replaced with plexiglass or glass panels that make it possible for the inmate to see the visitor . J. Medical Care 79. The Sheriff shall require the medical vendor to ensure that medication administration records specify what medications are provided, when, and by whom . If the prescribed medications are not provided, these records shall specify the reason that they are not . All staff distributing medication must observe medications being taken by the recipient inmate as they are distributed . 80. The Sheriff shall ensure that all negative pressure indicators in the tuberculosis isolation rooms shall be checked and maintained in good working order . If a negative pressure indicator is broken, it shall be repaired promptly . 81 . The Sheriff shall ensure that all dental equipment shall be re-sterilized prior to each use. All sterilization and re-sterilization procedures shall be clearly
23

Case 1:04-cv-01416-MHS Document 89 Filed 12/21/2005 Page 24 of 36
documented in writing and followed at all times . This documentation shall be maintained at the Jail .
K. Inmates with Physical Disabilities 82. The County Defendants shall ensure that there is housing for men and women inmates with physical disabilities and such housing shall conform to applicable guidelines provided by the United States Department of Justice pursuant to the Americans with Disabilities Act ("ADA"), including but not limited to, wheel-chair accessible cells, bathroom facilities, and shower facilities ; and handrails and ramps to access shower facilities . 83. The County Defendants shall ensure that visitation areas are accessible to physically impaired inmates or appropriate accommodation made to ensure that they have the same access to visitation as all other inmates . L. Mentally Ill Inmates 84. The Sheriff shall cause a mental health screening to be conducted on each person brought to the Jail . If during the intake assessment, the inmate is able to identify credibly his or her medication, the intake nurse shall refer the inmate to the main clinic to a physician or a physician's assistant who will continue the medications immediately . There shall be no unreasonable disruption in the continuity of medication . The intake medical provider shall ask each inmate identifying their medication to sign a release of information so that confirmation of
24

Case 1:04-cv-01416-MHS Document 89 Filed 12/21/2005 Page 25 of 36
any treatment and medication administration and other relevant information can be exchanged as soon as possible .
85 . Defendants shall employ a full-time board-certified psychiatrist. The psychiatrist's duties shall include, but not be limited to, evaluating treatment plans ; review the prescriptions provided to mental health inmates ; and oversee the creation, implementation, and revision of policies and procedures addressing mental health inmates .
86 . The Sheriff shall provide staff assigned to the Jail, the courthouse, and transport duty with training in recognizing, responding, and working with mentally ill and mentally retarded people .
87 . The Sheriff shall ensure that when a mentally ill inmate is identified during intake, the discharge planners at the jail shall be notified promptly .
88. Agencies providing support services to mentally ill and homeless people, such as Social Security Administration and those trained in administering benefits, shall be provided reasonable access to inmates to determine their eligibility for public benefits and begin the process of applying before they are released .
89. The Sheriff shall provide or arrange transportation for mentally ill and homeless inmates who are ordered by the court to enter day reporting or inhouse treatment facilities .
25

Case 1:04-cv-01416-MHS Document 89 Filed 12/21/2005 Page 26 of 36
90. The Sheriff shall ensure that court-ordered evaluations of inmates for competency to stand trial, insanity or other reasons shall be conducted within one week of such order .
91 . The Sheriff and the Fulton County Defendants shall ensure that mentally ill inmates found incompetent to stand trial but remaining at the Jail awaiting transfer to Georgia Regional Hospital shall be reviewed each month to determine whether competency has been regained or other placement may be located .
92. The Sheriff shall provide to the courts each week a list of inmates the jail staff has identified as having substantial mental health issues . This list will be distributed to Public Defenders, Superior Court Expediters, and any other parties necessary to assist in making appropriate recommendations for disposal of their cases .
M. Safety and Emergency Procedures 93 . Comprehensive emergency policies and procedures conforming to National Commission on Correctional Healthcare ("NCCHC") and American Correctional Association guidelines shall be developed and implemented by the Sheriff. The emergency policies and procedures shall provide for immediate and appropriate response to any medical, fire, severe weather, riot, or other unforeseen emergency that could arise, and provide for drills at least twice a year . The
26

Case 1:04-cv-01416-MHS Document 89 Filed 12/21/2005 Page 27 of 36
comprehensive emergency policies and procedures shall be in writing and made a part of the Jail Bureau Policies and Procedures Standard Operations Manual . Plaintiffs' counsel shall be provided an opportunity to review and comment on the policies and procedures prior to their final adoption .
94 . The Sheriff shall ensure that all uniformed staff at the Jail are trained in the proper use of fire safety equipment . Training in the proper use of fire safety equipment shall include quarterly retraining . All staff training and re-training in the use of fire safety equipment shall be documented and maintained at the Jail .
95 . The County Defendants shall ensure that all fire doors in the Jail shall be maintained in good working order . All emergency equipment shall be maintained in good working order .
96. The Sheriff shall ensure that all uniformed staff and contracted medical staff shall be trained in administering CPR, and appropriate devices to prevent the spread of disease shall be made availab le on each floor in case of emergency .
97. The Sheriff shall ensure that the Jail fire system and equipment shall be tested quarterly. The Jail fire system and equipment shall be inspected and maintained annually . All inspections and findings shall be documented and maintained at the Jail . All sprinkler heads in the Jail shall be checked periodically
27

Case 1:04-cv-01416-MHS Document 89 Filed 12/21/2005 Page 28 of 36
to ensure that they are clean of any debris . All sprinkler heads shall be maintained in good working order .
98. The County Defendants shall ensure that any electrical outlet that is located within twenty-four (24) inches of a sink or source of running water shall be equipped with a ground fault circuit interrupter or disconnected from electrical circuit .
99. The Defendants shall ensure that telephones located in the day rooms of the dorms shall be maintained in good working order .
100. The Sheriff shall ensure that recorded images of what occurs in the jail shall be kept for at least 10 days before the medium upon which they are recorded is reused . Any inmate that sustains an injury while incarcerated at the Jail shall be photographed pursuant to the Photographing Inmates Policy attached hereto at Appendix E .
N. Inmate Grievance Procedure 101 . The Sheriff shall maintain a grievance procedure at the Jail . Upon admission to the Jail, inmates shall receive the inmate handbook or other document describing the grievance procedure and providing at least one grievance form . The handbook or other document shall inform inmates how to obtain additional forms, how to complete the forms, and submission of the forms . This information shall
28

Case 1:04-cv-01416-MHS Document 89 Filed 12/21/2005 Page 29 of 36
also be set out on a laminated document and posted in each of the cellb locks housing units in the Jail .
102. Grievance forms shall be available to inmates at all times . Inmates shall receive a duplicate copy of their grievance forms at the time of their submission. All grievances shall be administered and responded to in accordance with the Jail Bureau Policies and Procedures Standard Operations Manual, No : 1900-08 .
V. Monitor 103. The parties shall select a monitor subject to approval by the Court to inspect the Jail at least once a quarter and provide a report to the Court and the parties . If the parties are unable to agree on a monitor within 30 days of the entering of this order, the parties will each submit to the Court the names of three suggested monitors, and the Court will select a monitor . 104 . The Monitor shall have access to any and all documents (including minutes, reports, and other documents), Jail staff, class members, and any other information, as he or she deems necessary to provide the Court with reports on the Jail . 105 . The Sheriff and the Fulton County Defendants shall ensure the Monitor shall be paid by Fulton County defendants at a rate of $90 per hour,
29

Case 1:04-cv-01416-MHS Document 89 Filed 12/21/2005 Page 30 of 36
including for travel time (not to exceed five hours each way), for inspection of the jail (not to exceed 24 hours per visit) and for writing a report (not to exceed 10 hours for each report) and reasonable expenses, or such amounts and for such time periods as the Fulton County defendants and plaintiffs shall mutually agree are reasonable . The Monitor's visits shall be quarterly. If the Monitor identifies the need for additional specialists or experts to assist the Monitor in discharging his or her duties under the Order, he or she shall notify the parties of the need and reasons . If the parties are unable to reach an agreement concerning the Monitor's request for additional assistance, the request shall be submitted to the Court .
VI. Class Certification 106. Parties stipulate to and the Court hereby finds that this action is properly maintained as a class action. The plaintiff class is hereby certified as consisting of all inmates who have been since the date of the filing of the Complaint in this action, are now, or will in the future be incarcerated at the Futon County Jail in Atlanta, Georgia . VII. Scope of Relief; Impact 107. The parties, with the e xception of the State Defendants , agree and stipulate, based upon the entire record, and the Court hereby finds, that the prospective relief set forth in this Consent Order is narrowly drawn, extends no further than necessary to correct the violations of the plaintiffs' federal rights, and
30

Case 1:04-cv-01416-MHS Document 89 Filed 12/21/2005 Page 31 of 36
is the least intrusive means necessary to correct these violations . The parties, with the exception of the State Defendants, agree and stipulate, and the Court hereby finds that this Consent Order will not have an adverse impact on the public safety or the operation of the criminal justice system . The State Defendants agree that paragraph 21, the only one placing duties upon the State Defendants, extends no further than necessary to correct the violations of the plaintiffs' federal rights, is the least intrusive means necessary to correct these violations, and will not have an adverse impact on the public safety or the operation of the criminal justice system . Accordingly, the parties, with the exception of the State Defendants, agree and stipulate, and the Court finds, that this Consent Order complies in all respects with the provisions of 18 U .S .C . §3626(a) . This Consent Order is not intended to have any preclusive effect except between the parties in this action . This Consent Order does not resolve, adjudicate, or bar the damages claims of any former, present, or future class members .
VIII. Modification and Enforcement 108. The Court shall retain jurisdiction to enforce the terms of this Order as provided by law . 109. The Sheriff and his staff shall provide a copy of this Consent Order to all of their agents, representatives, and employees in any way connected with the custody of class members . At least three copies of this agreement shall be
31

Case 1:04-cv-01416-MHS Document 89 Filed 12/21/2005 Page 32 of 36
maintained in the Jail's library . Inmates who have questions about the provisions of this Consent Order shall be referred to plaintiffs' counsel by providing the names, telephone number and address of counsel .
110. Plaintiffs' counsel shall continue to have reasonable access to class members, documents maintained at the Jail and the Jail facility, including unannounced, escorted walkthrough visits of the Jail on a quarterly basis. Plaintiffs' counsel shall also be permitted communication with defendants directly, including their agents and employees, in order to monitor compliance with the terms of the Consent Order .
111 . Any party may seek to modify any part of this Order for good cause shown . The parties acknowledge that these terms and conditions may require modification or situational variances to meet changed circumstances . Any party may initiate a modification or variance from the terms of this Consent Order by making a written request for such modification or variance to all parties to this Consent Order . If no party objects to the request within ten days, the party may submit the request to the Court for its consideration . If any party objects to a proposed modification or variance the dispute resolution procedures set forth in Paragraph 112 of this Consent Order shall be invoked . Once the dispute resolution procedures are invoked the parties shall comply with the Consent Order as written until the parties reach agreement or a modification is approved by the Court.
32

Case 1:04-cv-01416-MHS Document 89 Filed 12/21/2005 Page 33 of 36
112. The parties stipulate and agree that any party aggrieved by an alleged violation of any term of this Consent Order or who seeks a modification or variance from any term of this Consent Order may request a dispute resolution conference with all parties for the purpose of seeking a resolution of the grievance or agreement on a proposed modification or variance . The Conference shall be held within ten (10) days of the receipt of written notice of the request for the Conference. All parties shall seek in good faith to resolve the dispute . In the event the parties are unable to resolve a dispute, any party may seek a determination from the Court resolving the dispute .
113 . The parties agree and the Court finds that this Consent Order as well as previously entered orders of the Court created a material alteration of the legal relationship between the Plaintiffs and Defendants and therefore, Plaintiffs' counsel are entitled to the award of attorneys' fees from the County Defendants and Sheriff under Buckhannon v. West Virginia Department of Health and Human Resources, 533 U.S . 598 (2001) . In the event that the Plaintiffs and Defendants are unable to resolve by agreement issues relating to Plaintiffs ' claim for attorney s' fees, Plaintiffs may petition the Court within thirty days of the date on which the Court enters this Order .
114. Any party may move to terminate this Consent Order two years after the date the court enters it .
33

Case 1:04-cv-01416-MHS Document 89 Filed 12/21/2005 Page 34 of 36
s~ SO ENTERED THIS Z- I DAY OF 2005 .

WE CONSENT :
For the Plaintiff Class:
Stephen B . Bright Georgia Bar No . 082075 Southern Center for Human Rights 83 Poplar Street, NW Atlanta, Georgia 30303-2122 404-688-1202 404-688-9440 (fax)
Joshua R . Lipman Mississippi Bar No . 101399 Southern Center for Human Rights
83 Poplar Street, NW Atlanta, Georgia 30303-2122 404-688-1202 404-688-9440 (fax)

Juc Ae Main H. S United Stakes District Court for the Northern District of Georgia
,

34

Case 1:04-cv-01416-MHS Document 89 Filed 12/21/2005 Page 35 of 36
Far the Sheriff :
Theodore H. Lackland Georgia Bar No . 431055 Lackland & Associates, LLC 230 Peachtree St ., NW Suite 1150 Atlanta, GA 30303-1562
For the Fulton County Defendants :
Georgia Bar No . 351350 `/ Fulton County Attorney Office of the Fulton County Attorney 141 Pryor Street, S .W. Suite 4038 Atlanta, GA 30303 404-730-7750 404-730-6324 (fax)
Paula Morgan Nash Georgia Bar No . 528884 Office of the Fulton County Attorney 141 Pryor Street, S .W. Suite 4038 Atlanta, GA 30303 404-730-7750 404-730-6324 (fax)
35

Case 1:04-cv-01416-MHS Document 89 Filed 12/21/2005 Page 36 of 36 Teresa Wynn Roseborough Georgia Bar No . 614375 Sutherland Asbill & Brennan LLP 999 Peachtree St ., N.E . Atlanta , GA 30309-3996 404-853-8000 404- 853-8806 (fax)
For the Georgia Department of Corrections Defendants :
Join C. Jones ;-~ Georgia Bar No . 401250 State Law Department 40 Capitol Square S .W. Atlanta, GA 30334 404-656-3300 404-651-5304 (fax)
P :1CA litigafionl5heri"arper v. Fulton Co ., et a11P1eadi ngslCo nsent Order.final.DOC
36

 
 Case 1:04-cv-01416-MHS Document 88-1 Filed 12/21/2005 Page 1 of 8

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION

_________________________________________

)

FREDERICK HARPER et al., individually and )

on behalf of all present and future inmates in the )

Fulton County Jail in Atlanta, Georgia,

)

)

Plaintiffs,

)

)

v.

)

)

FULTON COUNTY, GEORGIA et al.,

)

)

Defendants,

)

)

MYRON FREEMAN, Fulton County

)

Sheriff, in his official capacity,

)

)

Defendant and Third Party Plaintiff,

)

)

v.

)

)

JIM DONALD, Commissioner,

)

Georgia Department of Corrections,

)

in his official capacity; and the

)

GEORGIA DEPARTMENT OF

)

CORRECTIONS,

)

)

Third-party defendants.

)

_________________________________________)

CIVIL ACTION NO. 04-CV-1416-MHS
JOINT MOTION TO PROVIDE NOTICE TO CLASS OF SETTLEMENT AGREEMENT AND TO SET DATE FOR FAIRNESS HEARING

Case 1:04-cv-01416-MHS Document 88-1 Filed 12/21/2005 Page 2 of 8
The parties jointly move the Court pursuant to Federal Rule of Civil Procedure 23(e)(1)(B) for entry of an order directing that notice of the proposed settlement of this case, contained in a Consent Order appended to this Motion, be provided to members of the class. The parties further request that the Court schedule a hearing, as required by Rule 23(e)(1)(C), to determine the fairness of the settlement to be held at least 30 days after notice is ordered.
The proposed Consent Order setting out the proposed settlement of this action is appended as Appendix A.
A proposed Notice of Proposed Settlement of Class Action Lawsuit is appended as Appendix B.
The parties submit that such an order is justified for the reason set forth in the accompanying Memorandum of Law.
WHEREFORE, the parties respectfully request: (1) that the Court approve the Notice of Proposed Settlement of Class Action Lawsuit appended hereto and order that it be posted in all housing areas at the Fulton County Jail, including the Bellwood and Marietta Annexes.
2

Case 1:04-cv-01416-MHS Document 88-1 Filed 12/21/2005 Page 3 of 8
(2) that the Court enter an order scheduling a hearing for at least 30 days
after such notice is given to determine the fairness, reasonableness and adequacy of
the proposed Consent Order.
Respectfully submitted this 21st day of December, 2005.
By s/Stephen B. Bright
Stephen B. Bright Georgia Bar No: 082075 Joshua R. Lipman Mississippi Bar No: 101399 Vanessa Buch Georgia Bar No: 092122 Southern Center for Human Rights 83 Poplar Street, N.W. Atlanta, Georgia 30303-2122 Telephone: 404/688-1202 Facsimile: 404/688-9440
John F. Sweet GA Bar No. 694950 Clements & Sweet, P.C. 175 Trinity Avenue, S.W. Atlanta, Georgia 30303-3618 Telephone: 404/688-6700 Facsimile: 404/688-6703
Attorneys for the Plaintiffs
By /s/ Paula Morgan Nash
Overtis Hicks Brantley Georgia Bar No: 351350
3

Case 1:04-cv-01416-MHS Document 88-1 Filed 12/21/2005 Page 4 of 8
Paula Morgan Nash Georgia Bar No: 528884 Office of the Fulton County Attorney Suite: 4038 141 Pryor Street, S.W. Atlanta, Georgia 30303 Telephone: 404/730-7750 Facsimile: 404/730-6324
Teresa Wynn Roseborough Georgia Bar No: 614375 Sutherland, Asbill & Brennan LLP 999 Peachtree Street, N.E. Atlanta, Georgia 30309-3996 Telephone: 404/853-8000 Facsimile: 404/853-8806
Attorneys for the Fulton County Defendants
By /s/ Theodore H. Lackland
Theodore H. Lackland Georgia Bar No: 431055 Lackland & Associates, LLC 230 Peachtree Street, N.W. Suite 1150 Atlanta, Georgia 30303-1562 Telephone: 404/ 522-8155 Facsimile: 404/ 522-7355
Attorney for the Fulton County Sheriff
4

Case 1:04-cv-01416-MHS Document 88-1 Filed 12/21/2005 Page 5 of 8
By /s/ John C. Jones John C. Jones Georgia Bar No: 401250 State Law Department 40 Capitol Square, S.W. Atlanta, GA 30334-1300 Telephone: 404/656-3300 Facsimile: 404/651-5304 Attorney for Commissioner Donald and the Georgia Department of Corrections
5

Case 1:04-cv-01416-MHS Document 88-1 Filed 12/21/2005 Page 6 of 8
CERTIFICATE OF COMPLIANCE I, Stephen B. Bright, do hereby certify on behalf of all the parties that the foregoing document has been prepared in 14-point Times New Roman font and complies with LR 5.1B.
s/Stephen B. Bright
6

Case 1:04-cv-01416-MHS Document 88-1 Filed 12/21/2005 Page 7 of 8

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION

______________________________________ )

)

FREDERICK HARPER, individually and on )

behalf of all present and future inmates in the )

Fulton County Jail in Atlanta, Georgia,

)

)

Plaintiff,

)

)

v.

)

)

DEPUTY TYRONE BENNETT, individually; )

and FULTON COUNTY, GEORGIA; FULTON )

COUNTY BOARD OF COMMISSIONERS, )

KAREN HANDEL, Chairperson, ROB PITTS, )

EMMA I. DARNELL, WILLIAM EDWARDS, )

TOM LOWE, NANCY BOXILL, members, in )

their official capacities;

)

)

Defendants,

)

)

MYRON FREEMAN, Fulton County Sheriff, )

in his official capacity,

)

)

Defendant and Third Party Plaintiff,

)

)

v.

)

)

JIM DONALD, Commissioner Georgia,

)

Department of Corrections in his official capacity, )

and the GEORGIA DEPARTMENT OF

)

CORRECTIONS,

)

Third-party defendants.

)

7

CIVIL ACTION NO. 04-CV-1416-MHS

Case 1:04-cv-01416-MHS Document 88-1 Filed 12/21/2005 Page 8 of 8

CERTIFICATE OF SERVICE

I hereby certify that on December 21, 2005, I electronically filed the

foregoing “JOINT MOTION TO PROVIDE NOTICE TO CLASS OF

SETTLEMENT AGREEMENT AND TO SET DATE FOR FAIRNESS

HEARING with the Clerk of Court using the CM/ECF system, which will

automatically send e-mail notification of such filing to the following attorneys of

record:

Stephen B. Bright Joshua R. Lipman John C. Jones

Theodore H. Lackland Overtis Hicks Brantley Teresa Wynn Roseborough

Paula Morgan Nash

/s/ Paula Morgan Nash Paula Morgan Nash Georgia Bar No. 528884
OFFICE OF THE COUNTY ATTORNEY 141 Pryor Street, S.W., Suite 4038 Atlanta, Georgia 30303 (404) 730-7750 (Office) (404) 730-6324 (Facsimile)

8

 
 Case 1:04-cv-01416-MHS

Document 7

Filed 06/25/2004

PRta.gEeo m1 oCfL6ERICS OFFICE U.S .D.C . Atlarrte
N )v
JUN 2 5 2004

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION

LUTHER D . THUMA6, Clerk Deputy Clerk

FREDERICK HARPER, individually and on behalf of all present and future inmates in the Fulton County Jail in Atlanta, Georgia,
Plaintiffs,
v.
DEPUTY TYRONE BENNETT, et al.,
Defendants .

CIVIL ACTION 1 :04-CV-1416-MHS

ORDER
This is a proposed class action brought on behalf of all present and future inmates at the Fulton County Jail, who seek relief from alleged unconstitutional conditions of confinement arising from extreme overcrowding, neglected and deteriorating physical facilities, and staff shortages . The complaint cites the May 31, 2004, report of Dr. Robert B . Greifinger, who visited the jail on May 26-27, 2004, in his capacity as a health care consultant .

\O 72A Rev.B/82)

(D

Case 1:04-cv-01416-MHS Document 7 Filed 06/25/2004 Page 2 of 6
Dr. Greifinger's report paints a dismal picture . He reports that the jail is extremely overcrowded and that there is a severe shortage of uniformed staff due to a hiring freeze. In addition, the physical facilities are in a state of virtual collapse . As a result, according to Dr. Greifinger, there is "mounting tension within the living units, leading to increased violence and even death," and a substantial increase in the risk of transmission of disease among inmates and staff. "Overall," Dr . Greifinger states, "I believe the Jail is in a state of crisis, necessitating immediate action to reduce the inmate population, increase the security staffing, and repair and maintain the basic systems required for basic health and safety, such as laundry, plumbing, electricity, and air handling ." Dr. Greifinger concludes "In my opinion, the Fulton County Jail needs immediate intervention by responsible county officials to prevent serious harm to staff and inmates. The County must address the problems created by crowding, staff shortages, laundry, and mechanical systems with all possible haste ."
Although the County has taken some steps to address some of these problems since the issuance of Dr. Greifinger's report, the Court takes judicial notice of the fact that, due to recent allegations of mishandling of
2
>0 72A Rev .8/82)

Case 1:04-cv-01416-MHS Document 7 Filed 06/25/2004 Page 3 of 6
funds and other charges, Sheriff Jacquelyn Barrett, the County official directly responsible for jail operations, has announced her decision not to seek reelection and appears either unable or unwilling to deal with the serious problems facing the jail . As a result, the jail is like a leaky, rudderless ship overloaded with dangerous and ill passengers, without a captain and with a short-handed crew .
Given the extremely dangerous and deteriorating conditions at the Fulton County Jail, the Court concludes that immediate action is necessary . Accordingly, the Court ORDERS defendants to appear in Courtroom 1707, United States Courthouse, 75 Spring Street, S .W ., Atlanta, Georgia, at 1030 a.m . on Thursday, July 8, 2004. and show cause why this Court should not appoint a temporary receiver to replace Sheriff Barrett as the custodian of the jail until a new, duly elected sheriff takes office . The receiver would assume all responsibility for jail operations, including but not limited to budgetary decisions and decisions regarding the hiring and firing of personnel . Any such appointment would in no way affect Sheriff Barrett's other duties as Sheriff of Fulton County. At the hearing, both sides should be prepared to
3
O 72A 2ev .8182)

Case 1:04-cv-01416-MHS Document 7 Filed 06/25/2004 Page 4 of 6
present. evidence concerning the current conditions at the jail and to make recommendations as to who the Court might appoint as a temporary receiver .
The Court recognizes that construction of a new jail is not the solution to the current situation. Although this Court in past years has ordered the construction of new jails in Douglas, Fayette, and Cobb Counties, those orders were issued with the cooperation and concurrence of the respective county commissioners, who recognized that a new facility was necessary in order to satisfy constitutional requirements . In this case, on the other hand, it is clear that a new jail is not the answer .
First, the current financial situation faced by Fulton County makes construction of a new jail at this time infeasible . Second, in light of recent improvements at the existing jail, including new kitchen and intake facilities, it makes snore sense to focus efforts on upgrading and maintaining the existing facility . Finally, the planning and construction of a new jail would take years and the current problems cannot wait that long to be corrected .'
The Court notes that one possible alternative to a new jail, which might be economically feasible, would be a work release facility for non-violent inmates with
(continued . . .) 4
O 72A 2ev 8182)

Case 1:04-cv-01416-MHS Document 7 Filed 06/25/2004 Page 5 of 6
The Court fully believes that if reasonable efforts are made to reduce the jail population, improve and maintain the physical plant, and fill vacant staff positions, the current facility can be brought within constitutional requirements .'
Finally, the Court invites counsel for the parties, the Fulton County Commissioners or their designated representatives), the Fulton County Sheriff, the Chief Judges of the Fulton County Superior Court and Fulton County State Court, the Fulton County District Attorney, and the Fulton County Solicitor to meet with the Court in an informal conference to discuss alternatives to limit the flow of new prisoners into the jail and to expedite the release of prisoners who should no longer be detained . The conference shall
`(. . .continued) less than two years to serve similar to the facility in Cobb County. According to a recent news report, the Cobb facility - a $5 million, 384-bed building- is touted by jail officials as a cost saving measure, costing the county only about half as much to house each inmate as the regular jail . This arrangement also permits inmates to work while incarcerated, thus avoiding the collateral damage to families when the breadwinner is in custody .
Recognizing the defendant county commissioners' concern that. this Court has determined that a new jail must be built, if at any time the Court becomes convinced that a new jail is the only possible alternative to address the current problems, the Court will afford defendants an opportunity to move for recusal which will be considered timely filed .
5
0 72A 2ev .B/82)

Case 1:04-cv-01416-MHS Document 7 Filed 06/25/2004 Page 6 of 6
take place in chambers on Thursday, July 15, 2004, at 200 p .m . Defendants shall provide a copy of this order to the Chief Judges of the Fulton County Superior Court and the Fulton County State Court, the Fulton County District Attorney, and the Fulton County Solicitor .
14
IT IS SO ORDERED, this l'Gay of June, 2004.
Marvin Y .\%hoob, 8~jfor Judge United States DistriVt Court Northern District of Georgia
6
72A sv .8/82)

 
 Case 1:04-cv-01416-MHS
ORIGINAL

Document 11

Filed 06/29/2004

Page 1 of 10 iSiED IN aw_0"W u.s.o c. AtM~
,~
JUN 2kvg 2004

~u A

a.~

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF GEORGIA

ATLANTA DIVISION

FREDERICK HARDER, individually and on

)

behalf of all present and future inmates in the )

Fulton County Jail in Atlanta, Georgia,

)

Plaintiff,

)

v.

)

DEPUTY TYRONE BENNETT, individually ; )

and FULTON COUNTY, GEORGIA ; FULTON )

COUNTY BOARD OF COMMISSIONERS,

)

KAREN HANDEL, Chairperson, ROB PITTS, )

EMMA I. DARNELL, WILLIAM EDWARDS, )

TOM LOWS, NANCY BOXILL, members;

)

JACQUELYN BARRETT, Fulton County Sheriff,)

in their official capacities

)

Defendants .

)

CIVIL ACTION NO. 04-CV- 1416-MHS

PLAINTIFFS' MOTION FOR AN INSPECTION OF THE FULTON COUNTY JAIL BY THIS COURT Plaintiff, by counsel, moves the Court to conduct an inspection of the Fulton County Jail to make observations regarding the Jail for consideration with regard to the hearing scheduled herein for July 8 and with regard to plaintiff's request for injunctive relief.

nl~~

Case 1:04-cv-01416-MHS Document 11 Filed 06/29/2004 Page 2 of 10
In support of his Motion, plaintiff states as follows : 1 . The Plaintiff has brought this action on behalf of all inmates, who are now or will be in the future, confined at the Fulton County Jail located on Rice Street, seeking relief from dangerously overcrowded and substandard living conditions at the Jail . Plaintiff has asserted that the Defendants' treatment of inmates at the Jail violates their rights under the Eighth Amendment as applied through the Fourteenth Amendment to the United States Constitution as well as applicable state law. 3 . This Court has set a hearing on this matter for July 8 to take evidence regarding conditions at the Jail. In addition to testimony received in Court, the Court's first hand observation of conditions at the Jail will be immensely valuable to the Court in assessing the he gravity and extent of these conditions and determining the legal issues before the Court, including the need for a receiver to operate the Jail until a new sheriff has taken office and whether any other injunctive relief is appropriate. WIIEREFORE, for the foregoing and such other reasons as may appear to the Court, Plaintiff requests that this Court conduct an inspection of the Fulton County Jail at a time convenient to the Court.
2

Case 1:04-cv-01416-MHS Document 11 Filed 06/29/2004 Page 3 of 10
Respectfully submitted this 29th day ofJune, 2004 .
STEPHEN B . BRIGHT GA Bar No . 082075 JOSHUA R. LIPMAN MS Bar No . 101399 VANESSA M. BUCH GA Bar. No. 092122 Southern Center for Human Rights 83 Poplar Street, N.W. Atlanta, Georgia 30303-2122 Telephone: 404/688-1202 Facsimile: 404/688-9440 JOHN F. SWEET GA Bar No . 694950 Clements & Sweet, P.C. 175 Trinity Avenue, S . W. Atlanta, Georgia 30303-3618 Telephone: 404/688-6700 Facsimile : 4041688-6703
Counsel, for Plaintiff
By:
3

Case 1:04-cv-01416-MHS Document 11 Filed 06/29/2004 Page 4 of 10

CERTIFICATE OF COMPLIANCE I, Stephen B. Bright, do hereby certify that the foregoing document has been prepared in 14-point Times New Roman font and complies with LR S . 1B .

7f

-

STEPHEN B . BRIGHT

GA Bar No. 082075

Southern Center for Human Rights

83 Poplar Street, N.W.

Atlanta, Georgia 30303-2122

Telephone : 404/688-1202

Facsimile : 404/688-9440

Counselfor the plaintiff

4

Case 1:04-cv-01416-MHS Document 11 Filed 06/29/2004 Page 5 of 10
CERTIFICATE OF SERVICE I, Stephen B. Bright, do hereby certify that on this day I served a copy of the foregoing Motion for an Inspection of the Fulton County Jail by this by first class United States mail, upon counsel for the defendants :
The Honorable Overtis Hicks Brantley Fulton County Attorney 141 Pryor Street, Suite 4038 Atlanta, GA 30303 This 29th day of June, 2004 .
A
;2
STEPHEN B . BRIGHT GA Bar No . 082075 Southern Center for Human Rights 83 Poplar Street, N.W. Atlanta, Georgia 30303-2122 Telephone : 404/688-1202 Facsimile : 404/688-9440
Counselfor the plaintiff
5

Case 1:04-cv-01416-MHS Document 11 Filed 06/29/2004 Page 6 of 10
a~c w~ ca.~cs o~rwE
ORIGINAL

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF GEORGIA

E)

ATLANTA DIVISION

FREDERICK H11RIHER, individually and on behalf of all present and future inmates in the Fulton County Jail in Atlanta, Georgia,
Plaintiff,
v
DEPUTY TYRONE BENNETT, individually ; and FULTON COUNTY, GEORGIA; FULTON COUNTY BOARD OF COMMISSIONERS, KAREN HANDEL, Chairperson, ROB PITTS, EMMA I. DARNELL, WILLIAM EDWARDS, TOM LOWS, NANCY BOXILL, members ; JACQUELYN BARRETT, Fulton County Sheriff, in their official capacities
Defendants .

CIVIL ACTION NO. 04-CV-1416 -NHS

MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION FOR INSPECTION OF THE JAIL
Plaintiff, who challenges conditions at the Fulton County Jail on behalf of himself and all inmates who are or will be housed there, has moved this Court to conduct an inspection of the Jail for consideration in determining whether to

Case 1:04-cv-01416-MHS Document 11 Filed 06/29/2004 Page 7 of 10
appoint a receiver for the Jail and whether to order any injunctive relief with regard to conditions at the Jail.
It is well established that the district court can visit a jail or the scene of an alleged constitutional violation. See, e.g., Block v . Rutherford, 468 U.S . 576 (1984) (pretrial detainees brought a class action against county jail officials alleging violations of their constitutional rights, district court judge visited the jail); Glassroth v. Moore, 335 F .3d 1282 (11th Cir. 2003) (district court judge visited the scene of a Ten Commandments monument in the Alabama State Judicial Building, the placing of which Plaintiff alleged violated the First Amendment) ; Patchette v. Nix, 952 F.2d 158 (8th Cir. 1991) (noting that the district court visited a prison in which inmates bought an action challenging the overcrowded conditions of the facility); Metropolitan Life Insurance Co . V. Popescu, 172 B .R. 691 (N.D.Ga . 1994) (court made an on-site visit to the property at issue in the case to assist its decision addressing preliminary injunction); Young v. Balks, 762 F.Supp. 823 (S .D . Ind.1990) (district court conducted an unannounced inspection of the jail in Perry County, Indiana where inmates challenged conditions of the facility) .
2

Case 1:04-cv-01416-MHS Document 11 Filed 06/29/2004 Page 8 of 10
Plaintiffs' claims are based on factual allegations addressing specific physical conditions at the Jail. "Whether conditions at a specific prison are unconstitutional necessitates a factual inquiry about the specific conditions at that facility," and often requires inspection by the court. Patchette v . Nix, 952 F.2d 158, at 163 (8th Cir. 1991) .
For these reasons, Plaintiffs request that this Court conduct an inspection of the Fulton County Jail .
Respectfully submitted this 28th day of June, 2004. STEPHEN B. BRIGHT GA Bar No . 082075 JOSI-IUA R. LIPMAN MS Bar No . 101399 VANESSA M. BUCH GA Bar No . 092122 Southern Center for Human Rights 83 Poplar Street, N.W. Atlanta, Georgia 30303-2122 Telephone : 404/688-1202 Facsimile : 404/688-9440
3

Case 1:04-cv-01416-MHS Document 11 Filed 06/29/2004 Page 9 of 10
JOHN F . SWEET GA Bar No . 694950 Clements & Sweet, P .C . 175 Trinity Avenue, S .W. Atlanta, Georgia 30303-3618 Telephone: 404/688-6700 Facsimile: 404/688-6703
Counselfor the plaintiff
By. ~1.. (40'~.
CERTIFICATE OF COMPLIANCE I, Stephen B . Bright, do hereby certify that the foregoing document has been prepared in 14-point Times New Roman font and complies with LR S .1B .
STEPHEN B . BRIGHT GA Bar No. 082075 Southern Center for Human Rights 83 Poplar Street, N.W . Atlanta, Georgia 30303-2122 Telephone: 404/688-1202 Facsimile : 404/688-9440
Counselfor the plaintiff
4

Case 1:04-cv-01416-MHS Document 11 Filed 06/29/2004 Page 10 of 10
CERTIFICATE OF SERVICE I, Stephen B. Bright, do hereby certify that on this day I served a copy of the foregoing Memorandum in Support ofMotionfor an Inspection ofthe Fulton County Jail by this Court by first class United States mail, upon counsel for the defendants :
The Honorable Overtis Hicks Brantley Fulton County Attorney 141 Pryor Street, Suite 4038 Atlanta, GA 30303 This 29th day of June, 2004.
-t~ STEPHEN B . BRIGHT GA Bar No. 082075 Southern Center for Human Rights 83 Poplar Street, N. W. Atlanta, Georgia 30303-2122 Telephone : 404/688-1202 Facsimile : 404/688-9440
Counsel for the plaintiff
5

 
 Case 1:04-cv-01416-MHS Document 9 Filed 06/25/2004 Page 1 of 27

-r:.:
IN THE UNITED STATES DISTRICT COURT ~ FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION

FREDERICK HARDER, individually and on behalf of all present and future inmates in the Fulton County Jail in Atlanta, Georgia,
Plaintiff,
v
DEPUTY TYRONE BENNETT, individually; and FULTON COUNTY, GEORGIA ; FULTON COUNTY BOARD OF COMMISSIONERS, KAREN HANDEL, Chairperson, ROB PITTS, EMMA I. DARNELL, WILLIAM EDWARDS, TOM LOWS, NANCY BOXILL, members ; JACQUELYN BARRETT, Fulton County Sheriff, in their official capacities
Defendants .

CIVIL ACTION NOf.04-CV-1416 MHS

PLAINTIFF'S MOTION FOR CLASS CERTIFICATION Plaintiff Frederick Harper hereby requests that this Court certify this proceeding as a class action pursuant to Federal Rules of Civil Procedure 23(a) and 23(b)(2) for the reasons set forth below and in the Plaintiff's supporting memorandum of law .
I

Case 1:04-cv-01416-MHS Document 9 Filed 06/25/2004 Page 2 of 27
In support of his motion, Plaintiff states as follows: 1 . Plaintiff Harper challenges in this action a particular altercation that he had with a guard and the conditions and treatment of inmates at the Fulton County Jail . As set out in the Amended Complaint, Plaintiff Harper and other inmates at the Jail are housed in a facility that is overcrowded, understaffed and deteriorating due to overuse by too many people . The lives and safety of inmates and correctional staff are in danger. In challenging these conditions and the danger to inmates, Plaintiff Harper seeks to bring this action on behalf of all inmates at the Jail . Because the conditions and practices at the Jail are common to all inmates, this case is properly maintained as a class action. This class consists of all inmates who are now or will be in the future subject to dangerous overcrowding and substandard living conditions at the Fulton County Jail ("Jail") located on Rice Street in Atlanta, Georgia. 2 . Joinder of all present and future inmates subject to dangerous overcrowding and substandard living conditions at the Jail would be highly impracticable . At any given time, over 3,000 inmates are confined at the Jail . But the class is made up of an even greater number because inmates are brought in and released from the Jail each day. Some inmates remain in the Jail only a few days ;
2

Case 1:04-cv-01416-MHS Document 9 Filed 06/25/2004 Page 3 of 27
others remain for substantial periods of time . A substantial number of the inmates have mental or physical illnesses which require their occasional removal from the Jail to other institutions . Because joinder of all inmates at the Jail is not practicable, this action satisfies the requirements of Fed . R. Civ. P. 23(a)(1).
3 . There are questions of law and fact that are common to the class . These include the nature and legality of the overcrowded and substandard living conditions at the Jail, whether the defendants have been deliberately indifferent to the condition of the Jail and the lives and safety of those living there. The action therefore satisfies the requirements of Fed. R. Civ. P . 23(a)(2) .
4. The conditions and practices of this action apply with equal force to the named Plaintiff and all members of the class. All inmates at the Jail are affected by the overcrowding, the understaffing, and the breakdown of the plumbing, ventilation, laundry and electric systems at the Jail . All inmates at the Jail live in the same fear for their lives and safety. Thus, the claims of the named Plaintiff are typical of the class . This action therefore satisfies the requirements of Fed. R. Civ. P. 23(a)(3) .
5 . The named Plaintiff will fairly and adequately represent the interests of the class . He possesses the requisite personal interest in the subject matter of the
3

Case 1:04-cv-01416-MHS Document 9 Filed 06/25/2004 Page 4 of 27
lawsuit and is represented by counsel who are experienced in class action litigation involving jail and prison conditions for over 20 years. Counsel are familiar with the issues raised by this case as a result of representation of inmates at the same jail in Foster v. Fulton Countv, 223 F.Supp.2d 1292 (N.D . Ga. 2002) . There is no conflict or antagonism between the named Plaintiff and the members of the class. This case therefore satisfies the requirements of Fed. R . Civ. P . 23(a)(4) .
6. The conditions about which Plaintiff complaints are the result of the Defendants having acted and having failed to act on grounds generally applicable to the class. Therefore, final declaratory and injunctive relief with respect to the class as a whole is appropriate . This action therefore satisfies the requirements of Fed . R. Civ. P. 23(b)(2) .
For these reasons, Plaintiff requests that this Court certify this action a class action with regard to his claims addressing the conditions at the Jail and his prayer for relief with regard thereto .
Respectfully submitted this ZS day of June, 2004.
4

Case 1:04-cv-01416-MHS Document 9 Filed 06/25/2004 Page 5 of 27

U

S2

STEP

B . BRIGHT

GA Bar No. 082075

JOSHUA R. LIPMAN

MS Bar No. 101399*

VANESSA BUCH

GA Bar No. 092122

Southern Center for Human Rights

83 Poplar Street, N.W .

Atlanta, Georgia 30303-2122

Telephone: 404/688-1202

Facsimile : 404/688-9440

JOHN F. SWEET GA Bar No. 694950 Clements & Sweet, P .C . 175 Trinity Avenue, S.W. Atlanta, Georgia 30303-3618
Telephone : 404/688-6700 Facsimile : 404/688-6703

Counselfor the plaintiff

*Applying for admission to this Court pro hac vice.

5

Case 1:04-cv-01416-MHS Document 9 Filed 06/25/2004 Page 6 of 27

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION

FREDERICK HARDER, individually and on behalf of all present and future inmates in the Fulton County Jail in Atlanta, Georgia,

Plaintiffs,

v

DEPUTY TYRONE BENNETT, individually ; and FULTON COUNTY, GEORGIA; FULTON COUNTY BOARD OF COMMISSIONERS, KAREN HANDEL, Chairperson, ROB PITTS, EMMA I. DARNELL, WILLIAM EDWARDS, TOM LOWS, NANCY BOXILL, members; JACQUELYN BARRETT, Fulton County Sheriff, in their official capacities

Defendants .

)

CIVIL ACTION NO. 04-CV-1416

CERTIFICATE OF COMPLIANCE I, Stephen B. Bright, do hereby certify that the foregoing document has been prepared in 14-point Times New Roman font and complies with LR 5 .1 B .

Case 1:04-cv-01416-MHS Document 9 Filed 06/25/2004 Page 7 of 27

I

TRL

STEPHEN B. BRIGHT

GA Bar No . 082075

Southern Center for Human Rights

83 Poplar Street, N.W.

Atlanta, Georgia 30303-2122

Telephone: 404/688-1202

Facsimile: 404/688-9440

Counselfor the plaintiff

Case 1:04-cv-01416-MHS Document 9 Filed 06/25/2004 Page 8 of 27

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION

FREDERICK HARDER, individually and on

)

behalf of all present and future inmates in the

)

Fulton County Jail in Atlanta, Georgia,

)

Plaintiffs,

)

v.

)

DEPUTY TYRONE BENNETT, individually ; )

and FULTON COUNTY, GEORGIA; FULTON )

COUNTY BOARD OF COMMISSIONERS,

}

KAREN HANDEL, Chairperson, ROB PITTS, )

EMMA I. DARNELL, WILLIAM EDWARDS, )

TOM LOWE, NANCY BOXILL, members;

)

JACQUELYN BARRETT, Fulton County Sheriff, )

in their official capacities

Defendants .

CIVIL ACTION NO. 04-CV-1416

I, Stephen B . Bright, do hereby certify that on this day I served a copy of the
foregoing document by first class United States mail, upon counsel for the
defendants :
The Honorable Overtis Hicks Brantley Fulton County Attorney 141 Pryor Street, Suite 4038 Atlanta, GA 30303
This 25th day of June, 2004 .

Case 1:04-cv-01416-MHS Document 9 Filed 06/25/2004 Page 9 of 27
I Tn, c STEPHET~JB. BRIGHT GA Bar No . 082075 Southern Center for Human Rights 83 Poplar Street, N.W. Atlanta, Georgia 30303-2122 Telephone : 404/688-1202 Facsimile: 404/688-9440 Counsel for the plaintiff

Case 1:04-cv-01416-MHS Document 9 Filed 06/25/2004 Page 10 of 27

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION

FREDERICK HARDER, individually and on

)

behalf of all present and future inmates in the )

Fulton County Jail in Atlanta, Georgia,

)

Plaintiff,

)

v.

)

DEPUTY TYRONE BENNETT, individually ; )

and FULTON COUNTY, GEORGIA; FULTON )

COUNTY BOARD OF COMMISSIONERS,

)

KAREN HANDEL, Chairperson, ROB PITTS, )

EMMA I . DARNELL, WILLIAM EDWARDS, )

TOM LOWE, NANCY BOXILL, members ;

)

JACQUELYN BARRETT, Fulton County Sheriff, )

in their official capacities

)

Defendants .

)

CIVIL ACTION NOP04-CV-1416 MHS

MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION FOR CLASS CERTIFICATION Plaintiff Frederick Harper, an inmate at the Fulton County Jail, challenges the dangerous, overcrowded and inhumane living conditions of confinement at the Fulton County Jail . As set out in detail in his Amended Complaint, the Jail is
1

Case 1:04-cv-01416-MHS Document 9 Filed 06/25/2004 Page 11 of 27
overcrowded, understaffed, and the basic infrastructure - including plumbing, electricity, and air handling system - is collapsing . The Jail is dangerous for many reasons - an insufficient number of guards, the availability of weapons, the tension resulting from the crowded conditions and lack of proper ventilation, and locks that do not work on many cells. These conditions threaten the safety and lives of the inmates confined at the Jail . Plaintiff contends that the Defendants have acted and failed to act to prevent these conditions, which violate the rights of every person at the jail.
Plaintiff Harper sought in his Amended Complaint to maintain this action as a class action. He has now moved the Court to certify the proceeding as a class action pursuant to Federal Rules of Civil Procedure 23(a) and 23(b)(2), on behalf of all inmates who now are or will be in the future confined at the Jail . It is of course well established that "[c]lass action suits brought on behalf of incarcerated persons are often their only defense to institutional abuse. . . Courts have recognized the advantages of class actions in this area of the law ." 4 Newburg, H., Class Actions § 25 .22, at 493 (2d ed . 1985) . See, e.g., Dorrough v. Hogan, 563 F.2d 1259, 1261 (5th Cir. 19'77) (affirming district court's determination certifying a class consisting of present and future prisoners in prison conditions case .), cert .
2

Case 1:04-cv-01416-MHS Document 9 Filed 06/25/2004 Page 12 of 27
denied, 439 U.S . 850 (1978); Abdul-Malik v. Coombe , 1996 WL 706914, *2 (S .D. NY 1996); McKenzie v. Crotri, 738 F . Supp. 1287, 1290-91 (D .S .D. 1990). This case is similarly appropriate for treatment as a class action.
I. THIS CASE SATISFIES THE NUMEROSITY, COMMONALITY, TYPICALITY, AND REPRESENTATION REQUIREMENTS OF FEDERAL RULE OF CIVIL PROCEDURE 23(a).
Federal Rule of Civil Procedure 23 authorizes a lawsuit to proceed as a class action if all four prerequisites of Rule 23(a) and one of the prerequisites of Rule 23(b) are satisfied. See Franze v . Equitable Assurance, 296 Fad 1250, 1253 (11th Cir . 2002); Pickett v. Iowa Beef Processors, 209 F .3d 1276, 1279 (11th Cir. 2000) . As will be shown in this section, the four requirements of 23(a) are satisfied : "(1) the class is so numerous that joinder of all members is impracticable, (2) there are questions of law or fact common to the class, (3) the claims or defenses of the representative parties are typical of the claims or defenses of the class, and (4) the representative parties will fairly and adequately protect the interest of the class." Fed . R. Civ. P. 23(a). In the following Section, we will show that the requirements of Rule 23(b)(2) are also satisfied in that the Defendants have acted or failed to act on grounds generally applicable to the class .
3

Case 1:04-cv-01416-MHS Document 9 Filed 06/25/2004 Page 13 of 27
A. Because Joinder of all Members of the Class is Highly Impracticable, Class Certification is Necessary Under Rule 23(a)(1) .
The proposed class action consists of all inmates, who are now or will be in the future, confined at the Fulton County Jail. At any given time, the inmate population at the Jail is over 3,000 inmates . This population changes constantly . Some inmates spend only a few days or weeks at the jail ; other are there for months or even years. Thus, the number of inmates confined at the Jail can change daily, weekly, monthly, or yearly as inmates are released, confined, or transferred to state correctional facilities .
The Eleventh Circuit has stated that "more than forty" members is generally considered sufficiently numerous to support class certification . See Cox v . American Cast Iron Pipe Co . , 784 F.2d 1546, 1553 (11th Cir. 1986), cert. denied, 479 U.S . 883 (1986) ; see also Faulk v. Home Oil Co Inc., 184 F .R .D. 645, 654 (M .D. Ala. 1999) (a group of 164 employees and 31 applicants affected by the defendant's actions satisfied the numerosity requirement.); 7A C. Wright, A. Miller & M. Kane, Federal Practice and Procedure : Civil § 1762, at 177-78 (2d ed. 1986) (stating that in a "representative series of cases courts have held that joinder impracticable when there were thirty-five, forty, fifty . . . class members").
4

Case 1:04-cv-01416-MHS Document 9 Filed 06/25/2004 Page 14 of 27
More importantly, joinder of all putative class members is highly impracticable in this case . Because some inmates at the Jail are released and new inmates are confined, the class includes numerous future inmates who cannot be joined . See Kilgo v. Bowman Transportation, Inc., 789 F .2d 859, 878 (1 lth Cir. 1986) (approving certification of a class where "[p]laintiffs have identified at least thirty-one individual class members, and the class includes future and deterred job applicants, which of necessity cannot be identified ."); Phillips v . Joint Legislative Comm. , 637 F.2d 1014, 1022 (5th Cir. Unit A 1981) ("In such a case the requirement of rule 23(a)(1) is clearly met, for `joinder of unknown individuals is certainly impracticable ."'), cert. denied , 456 U.S . 960 (1982), quoting Jack v. American Linen SuppC ly o . , 498 F .2d 122 (5th Cir. 1974).
In addition, given the changing composition of the inmate population at the Jail, class certification is appropriate because the constitutional violations may be ongoing even though individual members of the class may be released from the Jail and replaced by others. See, e.g., See Stewart v. White , 669 F .2d 328, 334 (5th Cir. 1982) (stating that "class certification ensures the presence of a continuing class of plaintiffs with a live dispute involving prison authorities ."); Johnson v. City ofOpelousas, 658 F.2d 1065, 1070 (5th Cir. Unit A 1981)
5

Case 1:04-cv-01416-MHS Document 9 Filed 06/25/2004 Page 15 of 27
("Certification of a class under Rule 23(b)(2) is `especially appropriate where, as here, the claims of the members of the class may become moot as the case progresses."); Aherns v . Thomas, 570 F .2d 286, 288-289 (8th Cir. 1978) ("[1]n light of the fairly rapid release or transfer of detainees, the substantial issues raised may never receive judicial scrutiny unless certification is permitted.") . Further, class certification will promote judicial economy. See General Telephone Company of the Southwest v. Falcon, 457 U .S. 147, 155 (1982) (observing that "`the class-action device saves the resources of both the courts and the parties by permitting an issue potentially affecting every [class member] to be litigated in an economical fashion under Rule 23 .") (quoting Califano v . Yamasaki , 442 US 682, 700-701 (1979) .
B. The Nature of the Overcrowding, Living Conditions, and Threat to Personal Security and Their Constitutionality Validity Are Common Questions of Fact and Law Satisfying Rule 23(a)(2).
The case presents questions of law and fact common to the proposed class. The common questions of fact are the conditions and practices at the jail and the deliberate indifference of the Defendants; the common questions of law are
6

Case 1:04-cv-01416-MHS Document 9 Filed 06/25/2004 Page 16 of 27
whether the conditions, practices and indifference of the Defendants violates the rights of the inmates at the Jail.
The commonality requirement is to be read liberally as a shorthand test of whether the "principal purpose" of the class action procedure - to "advance the efficiency and economy of litigation" - is satisfied in a particular case . General Telephone Co. Of Southwest v. Falcon, 457 U .S . 147, 158 (1982). See also, Califano v. Yamasaki , 442 U.S . 682, 701 (1979) .
That requirement is easily met here. The overcrowding, lack of staff, deteriorating systems, and lack of safety affect all inmates at the jail . The class members are equally subject to overcrowding, staff shortages, systems failures, practices, and procedures which provide the factual core of the class claims. The legal issues raised are common to all inmates at the prison - whether these circumstances violate the Eighth Amendment and other legal rights of all inmates at the Jail . Thus, Rule 23(a) is therefore satisfied.
C. The Typicality Requirement of Rule 23(a) is Satisfied Because the Named Plaintiff's Claims Have the Same Essential Characteristics as the Claims of the Class.
The dangerous overcrowding and substandard living conditions in this
7

Case 1:04-cv-01416-MHS Document 9 Filed 06/25/2004 Page 17 of 27
action apply equally to the named Plaintiff and all members of the class so that the claims of the named Plaintiff are typical of those of the class.
The typicality and commonality requirements "tend to merge," both serving as "guideposts for determining whether under the particular circumstances maintenance of a class action is economical and whether the named plaintiff's claim and the class claim are so interrelated that interests of the class members will be fairly and adequately protected in their absence ." General Telephone Company of the Southwest v . Falcon, 457 U.S . 147, 157 n.13 (1982) . Accord De La Fuente v . Stokley-Van Camp, 713 F,2d 225, 232-33 (7th Cir. 1983). See Wooden v . Board of Regents, 247 Fad 1262, 1287 (11 th Cir. 2001) ("It should be obvious that there cannot be adequate typicality between a class and a named representative unless the named representative has individual standing to raise the legal claims of the class ."); Appleyard v. Wallace , 754 F .2d 955, 958 (1 lth Cir. 1985) ("[S]ubsection a(3) primarily directs the district court to focus on whether named representatives' claims have the essential characteristics as the claims of the class at large.")
Under Rule 23(a)(3), "a sufficient nexus" between the named plaintiff and the class claims is established if the claims "arise from the same event or pattern or
8

Case 1:04-cv-01416-MHS Document 9 Filed 06/25/2004 Page 18 of 27
practice and are based on the same legal theory." Konberg v . Carnival Cruise Lines Inc. , 741 F.2d 1332, 1337 (11th Cir. 1984), cert. denied , 470 U.S . 1004 (1985). See also, Larkin v. Pullman-Standard Division, Pullman Inc ., 854 F .2d 1549, 1572-73 (1 lth Cir. 1988), vacated on other grounds , 493 U.S . 929 (1989) .
In this case there are no significant factual differences between the conditions, practices, policies, and procedures that the named Plaintiff is experiencing and those experienced by the entire class.' The injury about which Plaintiff Harper complaints is the same injury suffered by all inmates at the Jail . The legal claims - based primarily on the Eighth Amendment - of the plaintiff is typical of the claims of all other inmates at the Jail . See 4 Newberg, H., Class Actions § 25 .10, at 480 (2d ed . 1985) (typicality requirement satisfied where "prisonwide unlawful practices and policies . . . [are] charged and supported with allegations of injury to the class members other than the representative
l . Even if there was some "factual variation" between claim of the Plaintiff and those of class members it would not render the named plaintiff's claims atypical . See Aoleyard, 754 F.2d at 958 . ("strong similarity of legal theories" can satisfy Rule 23(a)(3) even there are substantial differences in the factual claims); Johnson v. American Credit Co. Of Georeia, 581 F.2d 526, 535 (5th Cir. 1978).
9

Case 1:04-cv-01416-MHS Document 9 Filed 06/25/2004 Page 19 of 27
plaintiffs."). The typicality requirement of Rule 23(a)(3) is therefore satisfied.
D. The Named Plaintiff will Fairly and Adequately Protect the Interests of the Class Members Therefore Satisfying Rule 23(x)(4).
The final requirement of Rule 23(a) is that the representative parties will fairly and adequately protect the interests of the class. Adequacy of representation involves two considerations . The first is whether counsel for the named plaintiff are qualified and experienced and will vigorously prosecute the interests of the class. See In re Joint Eastern and Southern District Asbestos Litigation , 78 Fad 764, 778 (2d Cir. 1996) ("class counsel must be qualified, experienced and generally able to conduct the litigation .") ; Griffin v. Carlin, 755 F .2d 1516, 1533 (1 Ith Cir. 1985) ("The adequate representation requirement involves questions of whether plaintiffs' counsel are qualified, experienced, and generally able to conduct the proposed litigation, and of whether plaintiffs have interests antagonistic to those of the rest of the class .")
The second is whether the interests of the representative parties will conflict with those of the class members. See General Telephone Company of the Southwest v. Falcon, 457 U.S . at 157 n.13 (1982) ; Miles v . Metropolitan Dad
10

Case 1:04-cv-01416-MHS Document 9 Filed 06/25/2004 Page 20 of 27
Countv, 916 F .2d 1528, 1534 (11 th Cir. 1990), cent. denied , 502 U.S . 898 (1991) ("In addition, class conflicts may defeat an otherwise proper class.").
Plaintiff's counsel has ample experience in litigating various legal issues . Specifically, counsel for the Plaintiff has extensive experience litigating class action prison and jail condition cases addressing similar conditions over the last 20 years, including previous litigation involving the Fulton County Jail . See Foster v . Fulton County, 223 F.Supp .2d 1292 (N.D . Ga. 2002) . Plaintiff counsel is committed to vigorously prosecuting the interests of the inmates confined at the Jail through this lawsuit.
The named Plaintiff and the class members share a common interest in obtaining relief from violation of their constitutional rights resulting from the overcrowded conditions, shortage of uniformed staff, and overwhelmed facility infrastructure . The representatives are seeking permanent equitable relief which will protect the constitutional rights of the entire inmate population at the Jail . There is no conflict or antagonism between the named Plaintiff and the members of the class. Thus, the requirements of Rule 23(a)(4) are therefore satisfied.
11

Case 1:04-cv-01416-MHS Document 9 Filed 06/25/2004 Page 21 of 27
II. BECAUSE THE DEFENDANTS HAVE ACTED AND HAVE REFUSED TO ACT ON GROUNDS GENERALLY APPLICABLE TO THE CLASS, THE REQUIREMENTS OF RULE 23(b)(2) ARE SATISFIED
The final requirement for class certification is met because the Defendants have "acted or refused to act on grounds generally applicable to the class, hereby making appropriate final injunctive relief or corresponding declaratory relief with respect to the class as a whole." Fed. R. Civ . P. 23(b)(2). The purpose of the Rule 23(b)(2) inquiry is simply to ensure that "the interests of the class members are so like those of the individual representatives that injustice will not result from their being bound by such judgment in the subsequent application of principles of res judicata." Hassine v . Jeffes, 846 F .2d 169, 179 (3rd Cir. 1988).
The actions and failures to act on the part of the Defendants - the Sheriff and Fulton County Commission and its members - are the basis for this lawsuit. Their actions and inactions have resulted in the dangerous, overcrowded conditions challenged in this lawsuit. The Plaintiff seeks declaratory and injunctive relief - relief that necessarily will have an impact on everyone at the jail. It would be virtually impossible for the Court to deal with the issues raised in this case one inmate a time and provide individual relief for each inmate . Instead,
12

Case 1:04-cv-01416-MHS Document 9 Filed 06/25/2004 Page 22 of 27
injunctive relief is required that directs the Defendants to take certain actions with regard to the Jail in order to correct conditions and practices that violate the Constitution . Thus, this case fits well within the requirements of Rule 23(b)(2) . See Penson v. Terminal Transportation Co . , 634 F.2d 989, 993 (5th Cir. Unit B 1981) ("This rule [23(b)(2)] was intended primarily to facilitate civil rights class actions, where the class representatives typically sought broad injunctive or declaratory relief") .
CONCLUSION For these reasons, Plaintiff requests that this Court certify this lawsuit as a class action pursuant to Federal Rules of Civil Procedure 23(a) and 23(b)(2) for the purposes of declaratory and equitable relief, on behalf of the class of all inmates who are now or will be in the future confined at the Fulton County Jail . Respectfully submitted this i5 day of June, 2004.
13

Case 1:04-cv-01416-MHS Document 9 Filed 06/25/2004 Page 23 of 27
72L
STEPHEN B . BRIGHT GA Bar No . 082075 JOSHUA R. LIPMAN MS Bar No. 101399* VANESSA BUCH GA Bar No. 092122 Southern Center for Human Rights 83 Poplar Street, N.W . Atlanta, Georgia 30303-2122 Telephone: 404/688-1202 Facsimile: 404/688-9440 JOHN F . SWEET GA Bar No. 694950 Clements & Sweet, P.C . 175 Trinity Avenue, S .W. Atlanta, Georgia 30303-3618 Telephone: 404/688-6700 Facsimile: 404/688-6703 Counselfor the plaintiff *Applying for admission to this Court pro hac vice.
14

Case 1:04-cv-01416-MHS Document 9 Filed 06/25/2004 Page 24 of 27

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION

FREDERICK HARDER, individually and on

)

behalf of all present and future inmates in the )

Fulton County Jail in Atlanta, Georgia,

)

Plaintiffs,

)

v.

)

DEPUTY TYRONE BENNETT, individually ; )

and FULTON COUNTY, GEORGIA; FULTON )

COUNTY BOARD OF COMMISSIONERS,

)

KAREN HANDEL, Chairperson, ROB PITTS, )

EMMA I. DARNELL, WILLIAM EDWARDS, )

TOM LOWE, NANCY BOXILL, members;

)

JACQUELYN BARRETT, Fulton County Sheriff,)

in their official capacities

)

Defendants .

)

CIVIL ACTION NO. 04-CV-1416

CERTIFICATE OF COMPLIANCE I, Stephen B . Bright, do hereby certify that the foregoing document has been prepared in 14-point Times New Roman font and complies with LR 5 .1 B.

Case 1:04-cv-01416-MHS Document 9 Filed 06/25/2004 Page 25 of 27
1 S2L STEPHEN B. BRIGHT GA Bar No . 082075 Southern Center for Human Rights 83 Poplar Street, N.W. Atlanta, Georgia 30303-2122 Telephone : 404/688-1202 Facsimile : 404/688-9440
Counselfor the plaintiff

Case 1:04-cv-01416-MHS Document 9 Filed 06/25/2004 Page 26 of 27

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION

FREDERICK NARPER, individually and on

)

behalf of all present and future inmates in the )

Fulton County Jail in Atlanta, Georgia,

)

Plaintiffs,

v

DEPUTY TYRONE BENNETT, individually ; and FULTON COUNTY, GEORGIA; FULTON COUNTY BOARD OF COMMISSIONERS, KAREN HANDEL, Chairperson, ROB PITTS, EMMA I. DARNELL, WILLIAM EDWARDS, TOM LOWE, NANCY BOXILL, members; JACQUELYN BARRETT, Fulton County Sheriff, in their official capacities

Defendants .

CIVIL ACTION NO. 04-CV-1416

I, Stephen B . Bright, do hereby certify that on this day I served a copy of the
foregoing document by first class United States mail, upon counsel for the
defendants :
The Honorable Overtis Hicks Brantley Fulton County Attorney 141 Pryor Street, Suite 4038 Atlanta, GA 30303
This 25th day of June, 2004.

Case 1:04-cv-01416-MHS Document 9 Filed 06/25/2004 Page 27 of 27

-~

`

STEPHEN B. BRIGHT GA Bar No. 082075 Southern Center for Human Rights 83 Poplar Street, N.W. Atlanta, Georgia 30303-2122 Telephone: 404/688-1202 Facsimile: 404/688-9440
Counselfor the plaintiff

 
 Case 1:04-cv-01416-MHS Document 19 Filed 07/06/2004 Page 1 of 26

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION

t 6 ZOD4

r, -,

, ~;;erk

, iy Gerk

FREDERICK HARPER, individually and on behalf of all present and future inmates in the Fulton County Jail in Atlanta, Georgia,
Plaintiff,
v.
Tyrone Bennett, et al.
Defendants

CIVIL ACTION No. 1 :04-cv-1416 (MHS) MOTION TO INTERVENE

MOTION OF C. ALAN POWELL, TORY DUNLAP, LEE ANTONIO SMITH AND DAVID EVANS TO INTERVENE AS PARTY PLAINTIFFS IN THIS CASE, INCORPORATING MEMORANDUM OF POINTS AND
AUTHORITIES

Movants-Intervenors C . Alan Powell, Tory Dunlap, Lee Antonio Smith and David Evans ("Movants-Intervenors" or the "Powell Plaintiffs"')

hereby respectfully move this Court for leave to intervene as plaintiffs for

The docket sheet in Harper v . Sennett does not reflect that a related case notice re erng Powe=v . Barrett has been filed, so, at the time counsel for Mr . Harper i e t e amended complaint in his case, this Court may not have been aware that the Powell v . Barrett case, setting out the class definitions in
1

110

Case 1:04-cv-01416-MHS Document 19 Filed 07/06/2004 Page 2 of 26
certain limited= purposes as a matter of right in this case pursuant to Federal Rule of Civil Procedure ("Rule" or "FRCP") 24(a)(2), or in the alternative, for leave for permissive intervention pursuant to FRCP 24(b).
The purposes for which Movants-Intervenors move to intervene include :
1) participating in the show cause on whether to remove Defendant Jacqueline Barrett from her role as custodian of the Fulton County Jail and to appoint a temporary receiver ordered by this Court in its order dated June 25, 2004 (the "June 25 Order") (docket # 7) ;
2) participating in the informal conference ordered by this Court in the June 25 Order;
3) participating in fashioning any equitable relief ordered by this Court in
Powell, had already been filed on April 21, 2004, and assigned to the Honorable J . Owen Forrester
Intervention under Rule 24(b) by third parties for limited purposes is common . For example, the District of Columbia Circuit Court of Appeals has ruled that the proper procedure for a third party seeking access to materials in another case subject to seal or to a protective order is permissive intervention under Rule 24(b) . EEOC v. National Children's Center, Inc. , 146 F.3d 1042, 1046 (D .C. Cir. 1998). Third parties seeking to intervene under Rule 24(b) for the limited purpose of seeking access to documents under seal and to depositions covered by a protective order and other such materials do not have to establish an independent. jurisdictional basis, close time requirements or rigorous standards of common questions of law or fact . 146 F.3d at 1047 . Every circuit court that has considered the question has come to the conclusion that nonparties may permissively intervene for the purpose of challenging confidentiality orders . See Chi . Tribune Co. v . Bridgestone/Firestone, Inc. , 263 F.3d 1304 (11th Cir. 2001) ; Sunbelt Veterinary Supply, Inc. v . Int'1 Bus . Svs. United States, Inc. , 200 F.R.D . 463 (M .D . Ala . 2001) .

Case 1:04-cv-01416-MHS Document 19 Filed 07/06/2004 Page 3 of 26
this case, and coordinating any such relief with any equitable relief ordered by the Court in Powell v. Barrett, 1 :04-CV-1100 (JOF) ; 4) ensuring that any order or judgment entered in this case does not impair the rights of any of the Powell Plaintiffs or any members of any class they may represent in Powell v . Barrett , 1 :04-CV-1100 (JOF); 5) defining scope of Fulton County's authority over the Fulton County Jail and the person designated to run it, and Fulton County's authority over jail staff; and 6) participating in discovery in this case to the extent it is relevant to Powell v . Barrett , 104-CV-1100 (JOF) and being made a party to any protective order entered in the case . I. CONSENT SOUGHT BUT NOT OBTAINED FROM ANY PARTY Movants-Intervenors sought the consent of Plaintiff Mr . Harper and defendants to intervene in this case, but plaintiff and defendants have not granted consent to the relief Movants-Intervenors request in this motion . Counsel for Movants-Inteivenors have tried to reach Mr . Bright and his staff by phone several times to discuss coordinating the two suits informally, but have been unable to do so, although the two sides have sent e-mails on the
3

Case 1:04-cv-01416-MHS Document 19 Filed 07/06/2004 Page 4 of 26
subject. II. FACTS Background of Harper v. Bennett lawsuit . 1 . On May 19, 2004, Mr . Harper filed his original complaint (docket # 1) pro se, naming Deputy T. Bennett as the sole defendant . 2 . On June 22, 2004, Mr. Harper, through counsel, filed an amended complaint (docket # 4), adding class allegations, and adding as parties Fulton County, and the Fulton County Commissioners, and Jacqueline Barrett in their official capacities . 3. Mr. Harper's amended complaint states that it is an "individual action seeking compensatory, nominal and punitive damages" for Mr . Harper for injuries he suffered in the Fulton County Jail on April 25, 2004, and "a class action seeking declarative and injunctive relief with regard to conditions at the Fulton County Jail," for a class of present and future inmates of the Fulton County Jail, on the basis of 42 U.S .C .A. § 1983 and O .C .G .A . § 42-5-2. Amended Complaint Paragraph 1 ; "Prayer for relief," page 20. 4 . The class allegations of Mr. Harper's amended complaint propose a class action on behalf of all present and future inmates at the Fulton County Jail, who seek relief from alleged unconstitutional conditions of confinement
4

Case 1:04-cv-01416-MHS Document 19 Filed 07/06/2004 Page 5 of 26
arising from extreme overcrowding, neglected and deteriorating physical facilities, and staff shortages.
5 . On June 25, 2004 this Court issued a show cause order (the "June 25 Order") (docket # 7) compelling the Harper defendants to appear in Courtroom 1707, United States Courthouse, 75 Spring Street, S .W ., Atlanta, Georgia, at 10 :30 a.m . on Thursday, July 8, 2004 :
to show cause why this Court should not appoint a temporary receiver to replace Sheriff Barrett as the custodian of the jail until a new, duly-elected sheriff takes office . The receiver would assume all responsibility for jail operations, including but not limited to budgetary decisions and decisions regarding the hiring and firing of personnel . Any such appointment would in no way affect Sheriff Barrett's other duties as Sheriff of Fulton County. June 25 Order, page 3 .
6. The June 25 Order further states:
the Court invites counsel for the parties, the Fulton County Commissioners or their designated representative(s), the Fulton County Sheriff, the Chief Judges of the Fulton County Superior Court and Fulton County State Court, the Fulton County District Attorney, and the Fulton County Solicitor to meet with the Court in an informal conference [in chambers on Thursday, July 15, 2004, at 2 :00 p.m .] to discuss alternatives to limit the flow of new prisoners into the jail and to expedite the release of prisoners who should no longer be detained. June 25 Order, pages 5-6.
7 . On June 23, 2004 Mr. Harper filed a motion (docket # 9) to certify his
5

Case 1:04-cv-01416-MHS Document 19 Filed 07/06/2004 Page 6 of 26
lawsuit as a class of "all inmates who are now or will be in the future confined at the Fulton County Jail" as a class action pursuant to FRCP 23(a) and 23(b)(2) for the purposes of declaratory and equitable relief. Plaintiffs Motion to Certify, page 13. Plaintiffs' motion for certification does not ask for a Rule 23(6)(3) class or any type of class to resolve claims for money damages for the class. 8 . On June 28, 2004 certain persons moved to intervene in the case as plaintiffs (docket # 10). 9. On June 29, 2004 Plaintiff filed a motion (docket. # 11) asking the Court to conduct an inspection of the Fulton County Jail in contemplation of the July 8, 2004 show cause hearing . 10. On June 30, 2004 certain defendants filed a motion asking this Court to recuse itself (docket # 12) . 11 . This Court denied the recusal motion by order dated July 2, 2004 (docket # 13) . Movants-Intervenors C. Alan Powell, Tory Dunlap, Lee Antonio Smith and David Evans' lawsuit, Powell v. Barrett, 04-cv-110Q (OJF) . 12 . Movants-Intervenors C . Alan Powell, Tory Dunlap, Lee Antonio Smith and David Evans filed their class action complaint on April 21, 2004 naming
6

Case 1:04-cv-01416-MHS Document 19 Filed 07/06/2004 Page 7 of 26

Defendant Jacqueline Barrett in her individual and official capacity.
13. On July 1, 2004, Movants-Intervenors C . Alan Powell, Tory Dunlap, Lee Antonio Smith and David Evans filed their amended class action complaint naming Defendant Jacqueline Barrett in her individual and official capacity, Fulton County, six of the Fulton County Commissioners, and the City of Atlanta . All Powell defendants have been served with the first amended complaint.
14 . Both the original complaint and the first amended complaint sought money damages on behalf of past, present and future inmates of the Fulton County Jail who have been subject to over-detentions and unconstitutional strip searches on arrest and/or after being ordered released, and equitable relief, including stopping the blanket strip searches of arrestees, and appointment of a monitor or monitors to supervise strip searches and ensure prompt release of inmates on their Release Dates3

3

The Powell first amended complaint defines "Overdetain" in Paragraph 3 as

holding an inmate in Fulton County Jail custody past the inmate's "Release Date".

The Powell first amended complaint defines "Release Date" in Paragraph 5, for each

inmate, as the day on which the inmate is entitled to be released by court order, or

the date on which the basis for his or her detention has otherwise expired, for

example by posting bond, or by being detained pretrial on a charge without

judgment past the maximum period of any sentence on that charge .

7

Case 1:04-cv-01416-MHS Document 19 Filed 07/06/2004 Page 8 of 26
15 . Both the original complaint and the first amended complaint defined two classes the Powell plaintiffs seek to represent, the:
Arrestee Strip Search Class : consisting of each person who, in the two years preceding the filing of this action up until the date this case is terminated, was or will be, (i) upon being arrested and committed into the Fulton County Jail; (ii) on a charge other than a charge of drugs, weapon or felony violence ; (iii) was subjected to a blanket strip search without any individualized finding of reasonable suspicion or probable cause that he or she was concealing drugs, weapons or other contraband ; and the :
Overdetention Class: consisting of class consisting of: (a) each person who has been, is, or will be incarcerated in any Fulton County Jail facility in the two years preceding the filing of this action up to and until the date this case is terminated ; and (b) who was not released, or, in the future, will not be released by midnight on the date on which the person is entitled to be released by court order, posting bail, or the date on which the basis for his or her detention has otherwise expired . 16 . Movants-Intervenors plan to file their motion to certify the above two
classes on or about July 19, 2004, about two weeks from now.
17 . Movants-Intervenors will support their motion to certify with over 50
affidavits obtained from person from all walks of life who have been illegally
overdetained and/or subject to illegal strip searches .
18. Movants-Intervenors are represented by highly qualified counsel . Dan
DeWoskin and Charles Pekor are highly skilled attorneys who practice criminal defense law in Atlanta with many years of experience between them,
8

Case 1:04-cv-01416-MHS Document 19 Filed 07/06/2004 Page 9 of 26
and are intimately familiar with the Fulton County Jail and the Fulton County criminal justice system . William Claiborne, Lynn Cunningham, Barrett Litt and Paul Estuar4 specialize in § 1983 civil rights class actions and have litigated or are litigating numerous similar class actions involving overdetention and/or strip search issues at. jails and prisons . J. Patrick Claiborne is an expert on Georgia law and is highly skilled in complex civil litigation, including civil rights litigation . Similarities And Differences Between The Two Complaints . 19. The Powell and the Harper classes overlap in some respects because Mr . Harper brings his complaint on behalf of all present and future inmates of the Fulton County Jail, and the Powell plaintiffs bring their action on behalf of some, but not all, persons who were (or will be) inmates at the Fulton County Jail or one of its annexes during the class period. 20 . The classes are distinguishable because the Powell plaintiffs and the putative class members complain of the specific policies and practices enumerated above whereas the Harrier plaintiff seeks relief as a result of overcrowding, inadequate staffing and the inappropriate physical plant of the jail . Further, the Harper and Powell classes are distinguishable because,
Barrett Litt and Paul Estuar are both members of the California bar, and are about to move for entry pro hac vice in the Powell v . Barren case .
9

Case 1:04-cv-01416-MHS Document 19 Filed 07/06/2004 Page 10 of 26
whereas Mr. Harper seeks only equitable relief for the class he seeks to represent, the Powell Plaintiffs seek both equitable relief and compensatory damages for the classes they seek to represent . 21 . Mr . Harper complains of brutality, overcrowding, inmates being held longer than lawfully allowed, shortage of uniformed staff, imminent collapse of physical facilities such as plumbing, electric laundry and ventilation, resulting in "mounting tension within the living units, leading to increased violence and even death," and a substantial increase in the risk of transmission of disease among inmates and staff. Harper Amended Complaint, paragraphs 2, 25, et seg.
22 . Mr. Harper also complains of delays before court appearances and overdetentions . Harper Amended Complaint, paragraphs 32 and 33 . In this respect alone, there is some overlap between the Harper and Powell cases.
23 . Conversely, Mr . Harper's complaint omits a significant claim for relief that the Powell original complaint and the Powell amended complaint states . Mr. Harper's amended complaint does not complain of or seek relief for illegal booking searches of arrestees . The Powell plaintiffs specifically allege a policy, pattern and custom of illegal booking searches of arrestees . Powell First Amended Complaint, paragraph 1 ; counts 1-4; Prayer for Relief, item 7, page 77 .
10

Case 1:04-cv-01416-MHS Document 19 Filed 07/06/2004 Page 11 of 26
24. Moreover, Mr . Harper seeks money damages for himself, but not for any other class member . Harper Amended Complaint, paragraph 1, Prayer for Relief, item 4, page 20. In contrast, the Powell Plaintiffs specifically seek money damages for all class members subjected to illegal booking searches of arrestees and "overdetentions" of inmates . Powell First Amended Complaint, "Prayer for Relief," item 7, page 77 . 25 . Moreover, the Powell first amended complaint specifically asks for equitable relief, including a stop to blanket strip searches of arrestees, and appointment of a monitor or monitors to supervise strip searches and to monitor the Records Room to ensure prompt release of inmates on their Release Dates. Powell First Amended Complaint, "Prayer for Relief," items 8 and 9, page 78 . 26 . The relief Mr. Harper seeks on behalf of the class is an order to reduce the inmate population, increase the security staffing, and repair and maintain the basic systems required for basic health and safety, such as laundry, plumbing, electricity, and air handling . Harrier Amended Complaint, Prayer for Relief, item 4, page 20 . Mr. Harper's amended complaint does not seek equitable relief on either the Records Room or the illegal booking strip searches .
27 . Additionally, the Powell Plaintiffs name the City of Atlanta as a
11

Case 1:04-cv-01416-MHS Document 19 Filed 07/06/2004 Page 12 of 26
defendant . 28 . Finally, with respect to the class issues, the motion to certify filed by Mr. Harper seeks certification under Rule 23(b)(2) . The Powell Plaintiffs will file a motion to certify their classes under both Rule 23(b)(2) and Rule 23(b)(3) . Effect of July 25 Order on the Powell Plaintiffs and their Proposed Classes . 29 . The Court's June 25 Order directly implicates the interests of the Powell classes . First, the June 25 Order expressly references members of the Powell v . Barrett proposed Overdetention Class on pages 5 and 6 . Secondly, placing the Fulton County Jail in receivership would implicate issues of the right to money damages of Arrestee Strip Search Class members and Overdetention Class members injured in whole or in part during the pendency of the receivership . Moreover, the equitable relief sought by the Powell plaintiffs on behalf of the Overdetention Class should be coordinated with the equitable relief sought by Mr . Harper on behalf of the class he seeks to represent . Changing the present policy of returning in-custody defendants ("court returns") from the courthouses to the Fulton County Jail after a judge has ordered their release is a crucial component resolving the overcrowding at the Fulton County Jail because returning court returns entitled to release because of their court appearances clogs an already overcrowded jail and an
12

Case 1:04-cv-01416-MHS Document 19 Filed 07/06/2004 Page 13 of 26
overwhelmed release process . Background of discussions between counsel for Mr. Harper and counsel for Movants-Intervenors . 30 . Plaintiffs' counsel William Claiborne traveled to Georgia in March, 2004 and met with several attorneys (including Stephen Bright, Esq.) and law professors in Atlanta and Athens to investigate the bases and need for a class action lawsuit to address the overdetention and strip search issues in the Fulton County Jail . 31 . After discussions with Mr. Bright personally (on several occasions) and with others, and having determined that no other lawyers planned to bring a similar suit, counsel for Movants-Intervenors filed Powell v . Barrett . 32 . Counsel for Movants-Intervenors have been in touch with Mr. Bright several times since filing Powell v. Barrett . However, counsel for MovantsIntervenors learned of Harrier v . Bennett through the newspapers. Counsel for Movants-Intervenors have tried to reach Mr. Bright and his staff by phone several times to discuss coordinating the two suits informally, but have received only an e-mail response . Thus, informal efforts among plaintiffs' counsel to coordinate the litigation have thus far been unavailing . Plaintiffs intend to continue to make efforts to reach Mr. Harper's counsel and are
13

Case 1:04-cv-01416-MHS Document 19 Filed 07/06/2004 Page 14 of 26
hopeful that they can make a joint proposal to both this Court and to the Powell court to harmonize the relief sought in both actions to the extent there
is an overlap .
III. APPLICABLE LAW
Rule 24 has two mechanisms for allowing a party to intervene : intervention
as of right pursuant to Rule 24(a), and permissive intervention pursuant to
Rule 24(b). Rule 24 (a) reads :
Intervention of Right . Upon timely application anyone shall be permitted to intervene in an action: (1) When applicable law confers an unconditional right to intervene ; or (2) when the applicant claims an interest relating to the property or transaction which is the subject of the action and the applicant is so situated that the disposition of the action may as a practical matter impair or impede the applicant's ability to protect that interest, unless the applicant's interest is adequately represented by existing parties. Rule 24 (b) reads:
(b) Permissive Intervention . Upon timely application anyone may be permitted to intervene in an action: (1) when a statute of the United States confers a conditional right to intervene ; or (2) when an applicant's claim or defense and the main action have a question of law or fact in common . When a party to an action relies for ground of claim or defense upon any statute or executive order administered by a federal or state governmental officer or agency or upon any regulation, order, requirement or agreement issued or made pursuant to the statute or executive order, the officer or agency upon timely application may be permitted to
14

Case 1:04-cv-01416-MHS Document 19 Filed 07/06/2004 Page 15 of 26
intervene in the action . In exercising its discretion the court shall consider whether the intervention will unduly delay or prejudice the adjudication of the rights of the original parties . Movants-Intervenors qualify under both provisions.
A. Rule 24(a) : Intervention as of Right. A party seeking intervention of right under Rule 24(a) must show that: "(1) his application to intervene is timely ; (2) he has an interest relating to the property or transaction which is the subject of the action ; (3) he is so situated that disposition of the action, as a practical matter, may impede or impair his ability to protect that interest ; and (4) his interest is represented inadequately by the existing parties to the suit ." Stone v. First Union Corp. , 2004 U.S . App . LEXIS 10826, *6 (11th Cir. 2004) . (1) Application to Intervene is Timely Movants-Intervenors' application to intervene is timely because it is filed less than two weeks after Mr. Harper filed his amended complaint, which raised the issue of class wide relief for the first time, while at the same time movants-intervenors' class action complaint was already pending at the time Mr . Harper filed his complaint . Harper docket showing Harper amended complaint docketed June 22, 2004 (docket # 4) .
15

Case 1:04-cv-01416-MHS Document 19 Filed 07/06/2004 Page 16 of 26
(2) Interest in the Subiect Matter of the Suit Under Rule 24(a)(2), a movant's intervention must be supported by a "direct, substantial, legally protectible interest in the proceeding," even though the legal nature of the interest need not be identical to that of the claims asserted in the main action . Georgia v. United States Army Corn of Engineers , 302 F. 3d 1242 (11th Cir . 2003) ; Chiles v. Thornbureh, 865 F.2d 1197, 1213-1214 (11th Cir. 1989) .
Movants-Intervenors have a direct, substantial and legally protectible interest in the subject matter of the Harper v. Bennett lawsuit because any judgment entered in Harper v . Bennett would affect, impair and might even extinguish certain of their rights to money damages or equitable relief. Mr. Harper's case seeks injunctive relief that will affect the Powell plaintiff's ability to obtain equitable relief with respect to the illegal booking searches and also with respect to the operations of the Records Room, and the release policies of the Fulton County Jail, and the Fulton County criminal justice system that cause in whole or in part the overdetentions . Moreover, the Court's June 25 Order directly implicates the interests of the Powell classes with respect to fashioning an equitable remedy for each of the proposed classes, and because plaintiffs injured during the pendency of a court appointed receiver would be unable to sue for money damages because a
16

Case 1:04-cv-01416-MHS Document 19 Filed 07/06/2004 Page 17 of 26
court appointed receiver enjoys the same judicial immunity afforded the judge who appointed him . Property Management & Invest., Inc. v. Lewis , 752 F .2d 599 (11th Cir . 1985) . Thus, if the relief imposed appointed a receiver but the illegal conduct alleged in the Powell complaint continued, the Powell plaintiffs would be left without any effective remedy for such violations, including violations not addressed in the Harper case .
(3) Impairment of Interest
The nature of the Powell plaintiffs' interest in the Harrier case, and the effect that the disposition of the Harper lawsuit will have on the Powell plaintiffs' ability to protect that interest are such closely related issues that, "[t]he second cannot be answered without reference to the first." Chiles v . Thornburgh, 865 F2d at 1214, citing Hobson v . Hansen, 44 F .R.D . 18, 30 (D.D.C.1968) . In fact, the June 25 Order expressly references members of the Overdetention Class proposed in Powell v . Barrett , and invites the Harper parties and others involved in the Fulton County criminal justice system to discuss issues impacting the Powell Plaintiffs' claims . June 25 Order, pages 5-6 . Moreover, appointment of a court-appointed monitor would adversely impact the Powell Plaintiffs' claims for money damages . Property Management & Invest ., Inc. v. Lewis , 752 F.2d at 602. To paraphrase the Chiles Court, the Powell plaintiffs' ability to litigate their claims in a separate
17

Case 1:04-cv-01416-MHS Document 19 Filed 07/06/2004 Page 18 of 26
lawsuit might be an exercise in futility if the Harper lawsuit were decided in favor of defendants . See also, Georgia v. United States Army Core of Engineers, 302 F . 3d 1242 (11th Cir . 2003) (Court held that Florida entitled to intervene in suit by Georgia against Army Corp of Engineers about water rights shared by Georgia, Alabama and Florida, because, Georgia's suit, if successful, would lead to a reallocation of water, and thus Florida's interest could be impaired in later litigation) .
The differences in the claims, relief sought and defendants also justify intervention. Stone v. First Union Corn . , 2004 U .S. App . LEXIS 10826 at *6. (4) Ability of the Existing Parties to Represent Proposed Intervenor's Interest The proposed intervenor has the burden of showing that the existing parties cannot adequately represent its interest, but this burden is "treated as minimal." Georgia v . United States Army Corn of Engineers, 302 F. 3d at 1256. Given the difference in the nature of the relief sought between Harper and Powell, and the lack of a specific Overdetention Claim and a Strip Search Claim in Harper, it is evident that the Harper action is not aimed at protecting all the rights asserted in Powell.
S . Rule 24(b): Permissive Intervention Rule 24(b) allows intervention "when applicable law confers a conditional
18

Case 1:04-cv-01416-MHS Document 19 Filed 07/06/2004 Page 19 of 26

right to intervene ;' or "an applicant's claim or defense and the main action have a question of law or fact in common ." This determination is discretionary, and "in exercising its discretion the court shall consider whether the intervention will unduly delay or prejudice the adjudication of the rights of the original parties ." Rule 24(b) .
Movants-Intervenors claim in Powell v . Barrett covers many of the same putative class members, facts, claims and elements of relief covered in the Harper amended complaint . The intervention in the limited manner sought herein will in no way unduly delay or prejudice the adjudication of the rights of the original parties. Rule 24(b) . Furthermore, permitting MovantsIntervenors to intervene will promote judicial economy .
III. CONCLUSION AND REQUEST FOR RELIEF
Based on the foregoing, Movants-Intervenors motion should be granted, and Movants-Intervenors proposed order attached hereto should be entered.

Respectfully submitted,

Respectfully submitted,

i4.,(1,4-. ( ~ William Claiborne

urNe

JW

Georgia Bar # 126360

Counsel for Movants-Intervenors 717 D Street, NW

Georgia Bar # 570601 Counsel for Movants-Intervenors 270 Peachtree Street, N.W. Suite 1060
19

Case 1:04-cv-01416-MHS Document 19 Filed 07/06/2004 Page 20 of 26

Suite 210 Washington, DC 20004 Phone 202/824-0700 Fax 202/824-0745

Atlanta, GA 30303 Phone 404-221-8887 Fax 404-221-8884

Respectfull s mitt
Dan De oskin Georgia Bar # 220327 Counsel for Movants-Intervenors 270 Peachtree Street, N .W . Suite 1060 Atlanta, GA 30303 Phone 404-221-8887 Phone 404-230-9171 Fax 404-221-8884
Respectfully submitted,

Respectfully submitted,
~ .Q. ck; bo,V-f- :7,(2-
J .P . Claiborne Georgia Bar # 126337 Counsel for Movants-Intervenors 699 Broad Street Ste 1206 Augusta, GA 30901 Phone 706-722-8224 Fax 706-722-8236

WI .4 E,
Lynn E. Cunningham Admitted pro hac vice Counsel for Movants-Intervenors Professor of Clinical Law
The George Washington University
Law School 2000 G Street, N.W.
Washington, DC 20052 Phone : 202/994-7659

CERTIFICATE OF SERVICE 20

Case 1:04-cv-01416-MHS Document 19 Filed 07/06/2004 Page 21 of 26
I hereby certify that I caused a copy of this Document with attachments to be
served on July 6, 2004, by hand delivery, upon :
The Honorable Overtis Hicks Brantley Fulton County Attorney 141 Pryor Street, Suite 4038 Atlanta, GA 30303 Counsel for Fulton County and Fulton County County Commissioners Defendant Jacqueline Barrett (address withheld for security purposes) City Attorney Linda DiSantis Jerry deLoach City of Atlanta Department of Law 68 Mitchell Street Suite 4100 Atlanta, Georgia 30303 Tel : 404 .330.6400 Fax: 404.658.6894 Counsel for City of Atlanta
Stephen B . Bright Southern Center for Human Rights 83 Poplar Street, N.W. Atlanta, Georgia 30303-2 122 Telephone : 404/688-1202 Facsimile : 404/688-9440 Counsel for the plaintiff Frederick Harper
A copy of this motion with attachments marked "Chambers" was delivered by
hand on the same date to the Chambers of the Honorable J . Owen Forrester
and the Chambers of the Honorable Marvin H. Shoob.
21

Case 1:04-cv-01416-MHS Document 19 Filed 07/06/2004 Page 22 of 26 Georgia bar # 220327
22

Case 1:04-cv-01416-MHS Document 19 Filed 07/06/2004 Page 23 of 26

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION

FREDERICK HARDER, individually and on behalf of all present and future inmates in the Fulton County Jail in Atlanta, Georgia,

Plaintiff,

v.

Tyrone Bennett, et al,

Defendants

)

CIVIL ACTION No . 1 :04-cv-1416 (MHS) MOTION TO INTERVENE

CERTIFICATE OF COMPLIANCE
I, Daniel DeWoskin, do hereby certify that the foregoing document has been prepared in 13-point Century Schoolbook font and complies with LR SdB .

Georgia Bar # 220327 Counsel for Movants-Intervenors 270 Peachtree Street, N .W . Suite 1060 Atlanta, GA 30303 Phone 404-221-8887 Fax 404-221-8884

23

nRfG Case 1:04-cv-01416-MHS Document 19 Filed 07/06/2004 Page 24 of 26

e~Cc\v~~U G~~,

UNITED STATES DISTRICT COURT

06 ti~~4 SOL

'VOR THE NORTHERN DISTRICT OF GEORGIA
rck
ATLANTA DIVISION

FREDERICK HARPER, individually and on behalf of all present and future inmates in the Fulton County Jail in Atlanta, Georgia,
Plaintiff

v. TYRONE BENNETT, et al,
Defendants

ORDER

CIVIL ACTION No. 1 :04-CV-1416 (MHS) MOTION TO INTERVENE

On consideration of Movants-Intervenors C . Alan Powell, Tory Dunlap,

Lee Antonio Smith and David Evans' motion to intervene pursuant to Rule 24(a), or alternatively, Rule 24(b), and plaintiff and defendants' opposition

thereto, if any, it is hereby ordered that Movants-Intervenors C . Alan Powell, Tory Dunlap, Lee Antonio Smith and David Evans' motion be and hereby is

granted under Rule 24(a) and Rule 24(b), and it is further ordered that they be and hereby are, added as plaintiffs in this case for the limited purposes of

representing the interests of plaintiffs and class members in Powell v . Barrett, 1 :04-CV-1100 (JOF) including :

Case 1:04-cv-01416-MHS Document 19 Filed 07/06/2004 Page 25 of 26
1 . participating in the show cause on whether to remove Defendant Jacqueline Barrett from her role as custodian of the Fulton County Jail and to appoint a temporary receiver ordered by this Court in its order dated June 25, 2004 (the "June 25 Order") (docket # 7) ; 2 . participating in the informal conference ordered by this Court in the June 25 Order ; 3. participating in fashioning any equitable relief ordered by this Court in this case, and coordinating any such relief with any equitable relief ordered by the Court in Powell v . Barrett, 1 :04-CV-1100 (JOF) ;
4 . ensuring that any order or judgment entered in this case does not impair the rights of any of the Powell Plaintiffs or any members of any class they may represent in Powell v . Barrett, 1 :04-V:1100 (JOF) ; 5 . defining the scope of Fulton County's authority over the Fulton County Jail and the person designated to run it, and Fulton County's authority over jail staff; and 6. participating in discovery in this case to the extent it is relevant to Powell v. Barrett , 1 :04-CV-100 (JOF), and being made a party to any protective order entered in the case .

Case 1:04-cv-01416-MHS Document 19 Filed 07/06/2004 Page 26 of 26

copies to:

Marvin H. Shoob United States District Court Judge

William Claiborne 717 D Street, NW " Suite 210 Washington, D .C . 20004-2813 Counsel for Movants-Intervenors

The Honorable Overtis Hicks Brantley Fulton County Attorney 141 Pryor Street, Suite 4038 Atlanta, GA 30303 Counsel for Fulton County and Fulton County County Commissioners

Defendant Jacqueline Barrett (address withheld for security purposes)

Stephen B. Bright Southern Center for Human Rights 83 Poplar Street, N.W. Atlanta, Georgia 30303-2 122 Telephone : 404/688-1202 Facsimile : 404/688-9440 Counsel for the plaintiff Frederick Harper

City Attorney Linda DiSantis Jerry deLoach
City of Atlanta Department of Law 68 Mitchell Street Suite 4100 Atlanta, Georgia 30303 Tel: 404.330.6400 Fax: 404.658.6894 Counsel for City of Atlanta

 
 Case 1:04-cv-01416-MHS Document 21 Filed 07/07/2004 Page 1 of 4

`'~ L RIC,fM~' 1

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

F1spGIAmi1R1E
Y.S.D.C. At»nh /9 )Aj
JUL 7 - 204

FREDERICK HARDER, individually

)

and on behalf of all present and future

)

inmates in the Fulton County Jail in

)

Atlanta, Georgia,

)

V "^ '"" / ( wfL~~ oleo

Plaintiffs,

)

VS.

)

DEPUTY TYRONE BENNETT, individually, )

and FULTON COUNTY BOARD OF

)

COMMISSIONERS, KAREN HANDEL,

)

Chairperson, ROBB PITTS, EMMA DARNELL,)

WILLIAM EDWARDS, TOM LOWE, NANCY)

BOXHILL, members, JACQUELYN BARIZETT,)

Fulton County Sheriff, in their official

)

Capacities

)

CIVIL ACTION 04-CV-1416-MHS

Defendants,

)

NOTICE OF APPEARANCE OF COUNSEL FOR DEFENDANT SHERIFF BARRETT
COMES NOW Theodore H. Lackland and the law firm of Lackland &
Associates, LLC to file this Notice of Appearance as Counsel for Defendant
Sheriff Barrett ("Defendant Barrett") .

Case 1:04-cv-01416-MHS Document 21 Filed 07/07/2004 Page 2 of 4

Counsel may be contacted at the address given below . Respectfully submitted by, LAC AND & ASSOCIATES, LLC

230 Peachtree Street, NW Suite 1150 Atlanta, Georgia 30303 Telephone : (404) 522-8155 Facsimile (404) 522-7355 Email: tlacklnnd@e-lncklnzu.com

Theodore H . Lackland Georgia Bar No . 431055 Counsel for Defendant Barrett

Case 1:04-cv-01416-MHS Document 21 Filed 07/07/2004 Page 3 of 4

CERTIFICATE OF COMPLIANCE I, Theodore H. Lackland, do hereby certify that the foregoing document has been prepared in 14-point Book Antigua font and complies with LR 5.1B.
Respectfully submitted by, LC

230 Peachtree Street, NW
Suite 1150 Atlanta, Georgia 30303 Telephone : (404) 522-8155 Facsimile (404) 522-7355 Email: tlackland@e-lncklaw .com

4L;LzAT7 Theodore H. Lackland Georgia Bar No . 431055 Counsel for Defendant Barrett

Case 1:04-cv-01416-MHS Document 21 Filed 07/07/2004 Page 4 of 4
CERTIFICATE OF SERVICE
This is to certify that I have this day caused the within and foregoing Notice of Appearance to be served on the opposing party by placing same in the U .S. Mail, proper postage affixed thereto, in an envelope addressed as follows :
O.V . Brantley, Esq . Fulton County Attorney 141 Pryor Street Suite 4038 Atlanta, Georgia 30303 Stephen B . Bright, Esq. Southern Center for Human Rights 83 Poplar Street, NW Atlanta, Georgia 30303-2122
This 6day of July 2004.
Theodore H. Lackland

 
 Case 1:04-cv-01416-MHS Document 24 Filed 07/07/2004 Page 1 of 3

OfFO

JUL 0 7 2004

UNITED STATES DISTRICT COURT LUTHER D. THOMAS, Clerk

NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

BY~P-*1~Deputy Ck+rk

FREDERICK HARPER, individually and on behalf of all present and future inmates in the Fulton County Jail in Atlanta, Georgia,

Plaintiffs,

CIVIL ACTION

v.

1 :04-CV-1416-MHS

DEPUTY TYRONE BENNETT, et al .,

Defendants .

CONSENT ORDER

This is a proposed class action brought on behalf of all present and

future inmates at the Fulton County Jail, who seek relief from alleged

unconstitutional conditions of confinement arising from extreme

overcrowding, neglected and deteriorating physical facilities, and staff

shortages . Based on the finding of an independent monitor, Dr . Robert B .

Greifinger, that the jail "is in a state of crisis" and defendant Sheriff

Jacquelyn Barrett's apparent inability or unwillingness to deal with the

situation, the Court ordered defendants to show cause why the Court should

not appoint a temporary receiver to replace Sheriff Barrett as the custodian

AO 72A

(Rev B/B

I V

Case 1:04-cv-01416-MHS Document 24 Filed 07/07/2004 Page 2 of 3
of the jail until a new, duly elected sheriff takes office . Order of June 25, 2004 . That hearing was scheduled to take place tomorrow, Thursday, July 8, 2004 .
In a letter hand delivered to the Court yesterday, Sheriff Barrett acknowledges that the issues of overcrowding, staff shortages, and deteriorating physical facilities "are real and ongoing concerns" and agrees that the appointment of a receiver could be "a positive step and may be beneficial in creating a safe and effectively operated jail." She contends that she has been unable to resolve the problems at the jail because she lacks sufficient authority and resources, and she argues that a receiver should have the power to act unilaterally in order to address these problems . Nevertheless, Sheriff Barrett. states that she will accept the decision of the Court on this issue and will not oppose the appointment of a temporary receiver to run the jail .
Following receipt of Sheriff Barrett's letter, the Court met with counsel for all the parties . The parties agree that Dr. Greifinger's report dated May 31, 2004, accurately described the then existing conditions at the Fulton
2
AO 72A (Rev .B/82)

Case 1:04-cv-01416-MHS Document 24 Filed 07/07/2004 Page 3 of 3

County Jail, and that the current conditions provide a sufficient basis for the Court to appoint a temporary receiver to replace Sheriff Barrett as jail custodian until a new, duly elected sheriff takes office in January 2005 . Pursuant to the requirements of the Prison Litigation Reform Act, 18 U .S .C . § 3626, and the parties consenting thereto, the Court finds that the relief of appointment of a receiver is narrowly drawn, extends no further than necessary to correct the harm, is the least intrusive means necessary to correct the harm, and poses no threat to the public safety .
The receiver will have the same authority as the sheriff with respect to jail operations, including but not limited to budgetary decisions and decisions regarding the hiring and firing ofpersonnel. With input from the parties, the Court will expeditiously interview candidates for the position of receiver and make an appointment as soon as possible. Sheriff Barrett will remain as custodian of the jail until a receiver has been appointed .
IT IS SO ORDERED, this L day of

AO 72A (Rev 8/82)

Marvin H . Shoob, Senior Judge United States District Court Northern District of Georgia
3

 
 Case 1:04-cv-01416-TWT Document 27 Filed 07/08/04 Page 1 of 80

F1LtD IN CLERK'S OFFICE

JUL 8 - 2004

IN THE UNITED STATES DISTRICT COURT`UTHEhu . . .,~ "~ .: ":: .~!efk

FOR

THE

NORTHERN DISTRICT OF ATLANTA DIVISION

GEORGIABy .

J !~~;.C,~,;9.1
7~~~ `

Deputy

Clerk

FREDERICK HARPER, individually

)

and on behalf of all present and )

Future inmates in the Fulton

)

County Jail in Atlanta, Georgia,

)

Plaintiffs,

)

v.

)

DEPUTY TYRONE BENNETT,

)

Individually ; and FULTON COUNTY, )

GEORGIA ; FULTON COUNTY BOARD OF

)

COMMISSIONERS, KAREN HANDEL,

Chairperson, ROB PITTS,ENMA I .

)

DARNELL, WILLIAM EDWARDS, TOM LOWE,)

NANCY BOXILL, members ;

)

JACQUELYN SAF2RETT, Fulton County )

Sheriff, in their official

)

capacities .

)

CIVIL ACTION FILE NO . 04-CV-1416-I+HS
ORIGINAL

Defendants .

)

FULTON COUNTY BOARD OE COMMISSIONERS' MEMORANDUM OF LAW IN RESPONSE TO COURT'S SHOW CAUSE ORDER
COME NOW Fulton County, Georgia, Karen Handel, Rob Pitts, Emma I . Darnell, William Edwards, Tom Lowe and Nancy Boxill and file this their Memorandum of Law in Response to this Court's Show Cause Order . In this response these Defendants show the Court that they have constitutionally funded the Fulton County Sheriff's Department and the Fulton County Jail .

Case 1:04-cv-01416-TWT Document 27 Filed 07/08/04 Page 2 of 80
PROCEDURAL HISTORY On or about May 19, 2009, the Plaintiff, acting pro-se,
filed a Complaint in the United States District Court for the Northern District of Georgia . Said Complaint was assigned to District Court Judge Marvin Shoob on or about May 19, 2004 . That Complaint has never been served . On or about June 22, 2004, the Defendants were served with a copy of an Amended Complaint, which was filed in the United States District Court earlier that day . The Amended Complaint generally alleges unconstitutional conditions of confinement and seeks class certification for all present and future inmates at the Fulton County Jail .
On June 25, 2009, prior to any responsive pleading by any defendant and prior to any evidentiary hearing or finding, the Court issued an Order mandating that the defendants come to Court to show cause why the Court should not appoint a receiver to assume all responsibility over the Fulton County Jail . This Order was issued sua sponte, just three days after the Defendants first received notice of this lawsuit, with the sole evidentiary basis being the May 31, 2009 report issued by Dr . Robert GreiEinger, documenting his findings with regard to the jail during his tour on May 26 and 27, 2009 .
2

Case 1:04-cv-01416-TWT Document 27 Filed 07/08/04 Page 3 of 80

LEGAL AUTHORITY AND CITATION

The law provides that, by virtue of their offices, sheriffs

are jailers of counties, vested with broad authority to manage

jails . Juxtaposed against the Sheriff's exclusive managerial

control of the jail is the Board of Commissioners' exclusive

authority to approve the budget for the Sheriff's Department .

O .C .G .A . § 36-5-22 .1 . The Boards' limited budgetary authority

is further qualified in that any budget passed must be

reasonable and provide reasonably sufficient funds to allow the

Sheriff to discharge her legal duties . Manders v . Clinch

County , 38 F .3d 1309, 1323-24 (111h Cir . 2003) .

In determining where the separation of power lies, we must

look at the Constitution of Georgia of 1983, Art .IX, Sec . II,

Para . I ., entitled "Home Rule for Counties," which grants to the

governing authority of each county the power to enact

legislation relating to its property, affairs and local

government .

Subparagraph (c)(1) provides that "[t]he power

granted counties ... shall not be construed to extend to. .. [a]ction

affecting any elective office, the salaries thereof, or the

personnel thereof .. ." .

Sheriffs are created pursuant to Article IX, Section I,

Paragraph III (a) of the Georgia Constitution . Pursuant to the

Constitution, the sheriff is elected and "shall have such

3

Case 1:04-cv-01416-TWT Document 27 Filed 07/08/04 Page 4 of 80

qualifications, powers, and duties as provided by general law" .

The statutory duties of the sheriff are defined in O .C .G .A .

15-16-10 . Included among the sheriff's numerous duties is the

responsibility to maintain the jail .

O .C .G .A . § 92-9-1

establishes that the sheriff is the jailer of the county .

The "Home Rule" provisions concern the power of a county to

adopt ordinances, resolutions, or regulations relating to its

property, affairs and local government for which no provision

has otherwise been made by general law .

Subparagraph (c)

prohibits a county from exercising the legislative powers

granted to it so as to affect any elective office . As such, the

County, through its Board of Commissioners cannot affect the

duties or powers of the sheriff as the jailer of the county, as

she is an independent, elected official .

The Board of Commissioners establishes the budget for all

county departments, including the Sheriff's Department . It is

well established in case law that "although the county

commission has the power and the duty to issue a budget, the

county commission may not dictate to the sheriff how that budget

will be spent in the exercise of his duties ." Chaffin, et .al .

v . Calhoun et .al . , 262 Ga . 202 (1992) .

Although the county

commission has the duty to adopt a reasonable and adequate

budget, that does not mean that the county commission must

4

Case 1:04-cv-01416-TWT Document 27 Filed 07/08/04 Page 5 of 80

approve any budget that the sheriff proposes . Id . at 203 .

In

fact, case law has affirmed the power of the Board of

Commissioners to cut a sheriff's budget, even though the cut of the budget could result in lay-offs of personnel, or pay cuts .

Board of Commissioners of Randolph County v . Wilson, 260 Ga . 982

(1990) .

The adopting of the Sheriff's Department budget does

not necessarily amount to an "effect" on the sheriff or her

office, as long as the budget is reasonably sufficient to allow

the sheriff to discharge her duties . As will be outlined below, The Fulton County Board of Commissioners has taken deliberate,

conscientious steps to provide an adequate, sufficient and legal budget of over 80 million dollars to the Fulton County Sheriff .

This amount is both the extent and the limit of the Boards'

authority in this matter, for they cannot dictate to the Sheriff

how that budget is spent once it reaches her hands .

APPLICATION OF FACTS TO LAW

1 . Foster, et .al, v . Fulton County, et .al .

In August, 2002 Defendants filed a motion to terminate

prospective relief in Foster v . Fulton County , U .S .D .C . Civil

Action File No . 1 :99-CV-900-MHS, a class action involving jail

conditions which was previously before this Court .

In that

motion, Defendants established that the conditions in the jail

were constitutional .

The Defendants further demonstrated

5

Case 1:04-cv-01416-TWT Document 27 Filed 07/08/04 Page 6 of 80

substantial compliance with the Settlement Agreement previously

entered into by the parties in Foster .

On November 13, 2002,

this Court terminated prospective relief in the Foster case .

All indications as of November 2002, were that the conditions at

the Fulton County jail were constitutionally sound . Had that

not been the case, this Court and Counsel for the Plaintiffs

would not have released the Defendants from the lawsuit .

Following the termination of Foster , Dr . Robert Greifinger

reported on June 9, 2003, that medical care at the jail was

constitutionally adequate .

From

the

perspective

of

environmental hygiene, Dr . Greifinger reported that the

"facility was clean with fewer leaks and plumbing problems" . He

also reported that the new kitchen was stunning, and that the

new intake area was a substantial improvement .

(June 9, 2003

Report of Dr . Greifinger, attached as Exhibit "A") . As late as

June, 2003, just over one year ago, the jail was in a

constitutional, environmentally hygienic state, despite the fact

that the inmate population was 2,851 .

2 . Ending of the Sheriff's Department by the Board o£

Commissioners .

Recently, the Fulton County Board of Commissioners has

taken numerous actions to constitutionally fund the jail . The

current funding amount approved and adopted by the Fulton County

6

Case 1:04-cv-01416-TWT Document 27 Filed 07/08/04 Page 7 of 80

Board of Commissioners for the Sheriff's Department is

$80,998,931 . (Affidavit of Patrick J . O'Connor is attached as

Exhibit "B") .

A simple review of the Sheriff's Department

budget and the County's budget for the General Fund over the

past 5 years indicates that there have been significant

increases to the funding for the Sheriff's Department generally .

The General Fund portion of Fulton County's annual Budget

is that portion of the Budget used to fund services that are

provided by Fulton County for the benefit of the entire County,

including residents of both the incorporated municipalities and

the unincorporated areas of the County . Fulton County's Fiscal

Year ("FY") begins on January 1 and runs through December 31 .

The General Fund Budget must be approved each FY by the elected

Fulton County Board of Commissioners .

(Exhibit "B", para . 2) .

Within the General Fund portion of the annual Fultor, County

Budget is the budget for the Sheriff's Department, including

funds budgeted for staffing, operating and maintaining the

Eulton County Jail, which is under the sole operational control

of the elected Sheriff of Fulton County, Jacquelyn Barrett .

(Exhibit "B", para . 3) . Each year, prior to the beginning of

the next following FY, each Department of Fulton County submits

a budget request for the next FY . This budget request, pursuant

to the applicable Fulton County Budget Law, is submitted to and

7

Case 1:04-cv-01416-TWT Document 27 Filed 07/08/04 Page 8 of 80

considered by the Budget Commission, comprised of the Chair of

the Board of Commissioners, the County Manager, and the Director

of Finance . The Budget Commission then submits a recommended FY

Budget to the Board of Commissioners . In addition, during each

FY, after the approval of the FY Budget, County Departments,

including the Sheriff's Department, often request additional

funds through what are known as monthly Budget Soundings (i .e .,

Budget amendments) (Exhibit "B", para . 5) .

Fulton County has the responsibility of providing funding

for many departments and agencies which have very necessary and

vital roles to the County and its citizens .

The Board of

Commissioners has many competing interests when determining the

budget which include many emergency services such as police,

fire, 9-1-1 services and Grady Hospital .

The Board of

Commissioners has limited funds from which to operate . Its goal

is to be fair in making its assessments and allocations for

funds to all departments .

The Board has been generous with

budget allocations to the Sheriff's Department .

In the fiscal year for 2000 (FY2000), the total budget for

the Sheriff's Department was $75,138,822 .

The Sheriff's

Department expended $73,175,539 of its total budget in FY2000 .

The budget for the general fund of Fulton County was

$540,491,039 .

The FY2001 total budget for the Sheriff's

8

Case 1:04-cv-01416-TWT Document 27 Filed 07/08/04 Page 9 of 80

Department was $76,661,587 .

The Sheriff's Department expended

$74,546,791 of its total budget in FY2001 . The budget for the

general fund of Fulton County was $558,128,870 .

The FY2002

total budget for the Sheriff's Department was $83,555,012 .

The

Sheriff's Department expended $81,415,680 of its total budget in

FY2002 . The budget for the general fund of Fulton County was

$599,878,197 .

The FY2003 total budget for the Sheriff's

Department was $81,432,075 . The Sheriff's Department expended

$78,887,640 of its total budget in FY2003 . The budget for the

general fund of Fulton County was $614,393,958 .

The EY2004

budget for the Sheriff's Department is $80,998,931 . The budget

for the general fund of Fulton County is $603,953,265 . (Exhibit

"B", para . 4) .

On average, for each of the FYs indicated above, the Board

of Commissioners has budgeted for the Sheriff's Department

approximately 96 .20 of the amount requested by the Sheriff

during the Budget Commission process .

(Exhibit "B", para . 8) .

On average, for FY 2000, FY 2001, FY 2002, and FY 2003 (not

available for FY 2009) the Sheriff's Department failed to utilize approximately $2 .19 million in available funds budgeted

for the Department by the Board of Commissioners . (Exhibit "B",

para . 9) .

The evidence shows that the County provided

practically all budget funds that were requested by the

9

Case 1:04-cv-01416-TWT Document 27 Filed 07/08/04 Page 10 of 80

Sheriff's Department .

Despite approving these funds, the

Sheriff's Department failed to even utilize all of the funds

provided to it .

In light of this, one might argue that the

Board of Commissioners has provided more than enough funding to

the Sheriff's Department .

The Board of Commissioners has also entered into numerous

contracts to provide for the well-being and safe-housing of the

inmates at the jail . Pursuant to law, Eulton County is required

to provide medical care, food and shelter to inmates O .C .G .A .

92-5-2 .

Fulton County, through its Board of Commissioners,

approved contracts with Comprehensive Medical Associates, a

medical provider previously ordered by this Court to provide

both medical care and mental health care to inmates in the

Fulton County Jail .

(Certified Minutes of Board of

Commissioners, attached as Exhibit "C") . The current amount of

the medical contract is $9,897,160 .37 . The amount of the mental

health contract is $3,907,718 .90 .

Fulton County, through its

Board of Commissioners, has also approved a food service

contract with Aramark Correctional Services in the amount of

$4,591,925 .

(Certified Minutes of Board of Commissioners,

attached as Exhibit "D") . Additionally, Fulton County approved a

maintenance contract with Aramark Facility Services in the

amount of $1,459,391, for service at the Fulton County Jail .

10

Case 1:04-cv-01416-TWT Document 27 Filed 07/08/04 Page 11 of 80

(Certified Minutes of Board of Commissioners, attached as

Exhibit "E") .

In 2003 a new intake facility and state-of-the-art kitchen

facility were completed at the jail . Extraordinary measures

were taken by the Board to provide an intake area sufficiently

large to accommodate the number of inmates being processed into

the Fulton County Jail .

The Board of Commissioners approved

approximately 14 million dollars to build these new facilities

and renovate the old areas at the Jail .

Although it may appear that, through these efforts, Fulton

County is wildly throwing money at the Fulton County Jail, the

Board has made decisions regarding the funding and budgeting of

the Jail and the Sheriff in an informed, reasoned and rational

manner . To assist the Board in making its determination of the

appropriate budget to allocate to the Sheriff's Department, the

Board commissioned a study of the budgetary implications of the

managerial and financial operations of the Fulton County

Sheriff's Office . The study was conducted by Community Safety

Institute (CSI) .

This study recommended that managerial and

supervisory changes be made at the jail to better utilize the

available staff . (Certified Minutes of Board of Commissioners,

attached as Exhibit "F") .

11

Case 1:04-cv-01416-TWT Document 27 Filed 07/08/04 Page 12 of 80

3 . Current Initiatives by the Board of Con¢nissioners .

Since receiving the report of Dr . Robert Greifinger

following his jail visit on May 26 -27, 2009, the Board has

directed and taken various actions to improve the conditions at

the jail .

Fulton County has a continuing problem with the State failing to take custody of sentenced inmates . One or more

members of the Board of Commissioners personally contacted the

Georgia Commissioner of Corrections, James Donald, to request

faster pick up of state prisoners . The request resulted in

nearly 300 of the sentenced inmates being moved into the State

Prison System during the last 60 days .

The County will

continue to work with the State to get sentenced inmates out of

the County jail and into the State Prison System .

New washers and dryers were ordered for the jail as soon as

the County Manager was notified that they needed to be replaced .

This was done immediately following Dr . Greifinger's visit to

the jail . The purchase, constructing and installation of these

industrial size washers and dryers are complete .

More recently, on July 7, 2009 the Board of Commissioners

approved a mechanical and plumbing system equipment and controls

upgrades project at the Fulton County Jail . The project will

replace the HVAC, electrical, mechanical and plumbing systems in

12

Case 1:04-cv-01416-TWT Document 27 Filed 07/08/04 Page 13 of 80

the jail .

This will be a contract with Georgia Power and

Southern Company .

It will provide warranty and maintenance

coverage for five (5) years .

The contract will provide

complete design, engineering and construction of major

mechanical and plumbing upgrades to stop further degradation of

the building mechanical systems and equipment .

It is

anticipated that the upgrades will eliminate less than adequate

indoor air quality, eliminate mold and conditions that promote

mold growth, correct inefficient use of energy and water and eliminate excessive maintenance and repairs to equipment . CONCLUSION

Fulton County, through its Board of Commissioners has taken

all the necessary steps to determine an adequate, constitutional

budget for the Sheriff's Department, and fulfilled its legal

obligation to provide constitutional funding .

This J~~ay of July, 2009 .
OFFICE OF THE COUNTY ATTORNEY Overtis Hicks Brantley Georgia Bar No . 351350
Paula Morgan+Nash Senior Attorney Georgia Bar No . 528884

13

Case 1:04-cv-01416-TWT Document 27 Filed 07/08/04 Page 14 of 80

i
Steven ~senberg Georgia Bar No . 614560

dry K .

ey

Georq' B r-fib . 676450

191 Pryor Street, Suite 9038

/

Atlanta, Georgia 30303

(904) 730-7750

(909) 730-6329 (facsimile)

14

Case 1:04-cv-01416-TWT Document 27 Filed 07/08/04 Page 15 of 80

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION

FREDERICK HARPER, individually

)

and on behalf of all present and )

Future inmates in the Fulton

)

County Jail in Atlanta, Georgia,

)

Plaintiffs,

)

v.

)

DEPUTY TYRONE BENNETT,

)

Individually ; and FULTON COUNTY, )

GEORGIA ; FULTON COUNTY BOARD OE

)

COMMISSIONERS, KAREN HANDEL,

)

Chairperson, ROB PITTS,FMMA I .

)

DARNELL, WILLIAM EDWARDS, TOM LOWE,)

NANCY BOXILL, members ;

)

JACQUELYN BARRETT, Fulton County )

Sheriff, in their official

)

capacities .

)

CIVIL ACTION FILE N0 .04-CV-1416-MHS

Defendants .

)

CERTIFICATE OF FONT TYPE, SIZE AND SERVICE This is to certify that I have this date presented this document in Courier New, 12 point type and that I have served a copy of the foregoing FULTON COUNTY BOARD OF COMMISSIONERS'
OF LAW IN RESPONSE TO COURT'S SHOW CAUSE ORDER on the attorney for the Plaintiff by first class mail, in a properly addressed envelope, addressed as follows :
Stephen B . Bright, Esquire Southern Center for Human Rights
83 Poplar Street, N .W . Atlanta, Georgia 30303-2122
15

Case 1:04-cv-01416-TWT Document 27 Filed 07/08/04 Page 16 of 80

Theordore Lackland, Esquire Lackland & Associates, LLC
230 Peachtree Street, NW Suite 1150
Atlanta, Georgia 30303
This b~ day July, 2009

Paula MorcJan Nash Georgia Bar No . 57_8884

OFFICE OF THE COUNTY ATTORNEY 191 Pryor Street, S .W ., Suite Atlanta, GA 30303 (404)730-7750

9038

16

Case 1:04-cv-01416-TWT Document 27 Filed 07/08/04 Page 17 of 80
EXHIBIT / ATTACHMENT
p
(To be scanned in place of tab)

Case 1:04-cv-01416-TWT Document 27 Filed 07/08/04 Page 18 of 80

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION

FREDERICK HARPER, individually

)

and on behalf of all present and )

Future inmates in the Eulton

)

County Jail in Atlanta, Georgia, )

Plaintiffs,

)

v.

)

DEPUTY TYRONE BENNETT,

)

Individually ; and FULTON COUNTY, )

GEORGIA ; FULTON COUNTY BOARD OF

)

COMMISSIONERS, KAREN HANDEL,

)

Chairperson, ROB PITTS,EI+AA I .

)

DARNELL, WILLIAM EDWARDS, TOM LOWE,)

NANCY BOXILL, members ;

)

JACQUELYN BARRETT, Fulton County )

Sheriff, in their official

)

capacities .

)

CIVIL ACTION FILE N0 .04-CV-1416-MHS

Defendants .

)

AFFIDAVIT OF PATRICK J . O'CONNOR DIRECTOR OF FINANCE. FULTON COUNTY . GEORGIA
STATE OF GEORGIA COUNTY OF FULTON
COMES, NOW, the undersigned Affiant, Patrick J. O'Connor, Director of Finance, Fulton County, Georgia, appearing before the undersigned officer, duly authorized to administer oaths, and after being duly sworn, does hereby state and swear as follows:
1.
My name is Patrick J . O'Connor . I am over the age of 21 years. I am the Director of Finance for Fulton County, Georgia, and I have been employed as such since 1996 . 1

Case 1:04-cv-01416-TWT Document 27 Filed 07/08/04 Page 19 of 80
am both competent to speak to and personally aware of and familiar with each of the facts set forth in this Affidavit .
2. The General Fund portion of Fulton County's annual Budget is that portion of the Budget used to fund services that are provided by Fulton County for the benefit of the entire County, including residents of both the incorporated municipalities and the unincorporated areas of the County. Fulton County's Fiscal Year ("FY") begins on January 1 and runs through December 31 . The General Fund Budget must be approved each FY by the elected Fulton County Board of Commissioners.
3. Within the General Fund portion of the annual Fulton County Budget is the budget for the Sheriff's Department, including funds budgeted for staffing, operating and maintaining the Fulton County Jail, which is under the sole operational control of the elected Sheriff of Fulton County, Jacqueline Barren.
4. For each of the last five (5) FYs (F'Ys 2000, 2001, 2002, 2003, 2004) the below table shows (i) the General Fund Budget approved by the Board of Commissioners, (ii) the General Fund Budget approved by the Board of Commissioners for the Sheriff's Department, (iii) actual total General Fund expenditures, and (iv) actual total Sheriffs Department expenditures :'
Figures are in millions ; some data is not yet available for FY 2004. 2

Case 1:04-cv-01416-TWT Document 27 Filed 07/08/04 Page 20 of 80

Total General Total Sheriff's Actual General

Actual Sheriff

Fund Budget Dept . Budget Fund Expenditures Dept. Expenditures

FY 2000 540,491,039 75,138,822

496,208,660

73,179,534

FY 2001 558,128,870 76,661,587

536,811,798

74,546,741

FY 2002 599,878,147 83,555,012

581,004,001

81,415 .680

FY 2003 614,393,958 81,432,075

578,917,430

78,887,640

FY 2004 603,453,265 80,998,931

N/A

N/A

5.

Each year, prior to the beginning of the next following FY, each Department of Fulton County submits a budget request for the next FY. This budget request, pursuant to the applicable Fulton County Budget Law, is submitted to and considered by the Budget Commission, comprised of the Chair of the Board of Commissioners, the County Manager, and the Director of Finance. The Budget Commission then submits a recommended FY Budget to the Board of Commissioners. In addition, during each F'1', after the approval of the Fl' Budget, County Departments, including the Sheriff's Department, often request additional funds through what are known as monthly Budget Soundings (i .e., Budget amendments).

6.

In my capacity as Director of Finance, I serve on the Budget Commission and have done so since 1996 . In addition, it is my responsibility to manage the Budget Soundings process.

3

Case 1:04-cv-01416-TWT Document 27 Filed 07/08/04 Page 21 of 80

The Sheriff of Fulton County, Jacqueline Barrett, presented a budget request to the Budget Commission for each of the F'Ys indicated above, and has made additional requests for funding through the Budget Soundings process.

S.

On average, for each FY indicated above, the Board of Commissioners has budgeted for the Sheriff's Department approximately 96.2% of the amount requested by the Sheriff during the Budget Commission process.

9.

On average, for FY 2000, FY 2001, FY 2002, and FY 2003 (not available for FY 2004) the Sheriff's Department failed to utilize approximately $2.19 million, annually, in available funds budgeted for the Department by the Board of Commissioners.
I declare under penalty of perjury that the facts contained in this Affidavit are true and correct.
Executed in Fulton County, Georgia this eday of July, 2004.

Patrick J . O'Connor

SWORN to and subscribed before me this day of July, 2004 .
~, ; ~,!w'~` ~,!x
Notary Public
My Commission Expires: ~ ~ C'

Jail-lit igation-aKdavit-O'Connor-S-Tumcr .aff

4

Case 1:04-cv-01416-TWT Document 27 Filed 07/08/04 Page 22 of 80
EXHIBIT ATTACHMENT
IP
(To be scanned in place of tab)

Case 1:04-cv-01416-TWT Document 27 Filed 07/08/04 Page 23 of 80 ROBERT B . GREIFINGER, M.D . June 9, 2003

Paula Morgan Nash, Esq.

Office of the Fulton County Attorney

141 Pryor Street, S.W.

Suite 4038

Atlanta, GA 30303

Dear Ms. Nash :

In the Fall of 2002, I was engaged by Fulton County to evaluate the medical care at the Fulton County Jail for a period of eighteen months . This followed several years of monitoring for the Court in Ruben Foster et al v . Fulton County, Georgia et al . This is my first report as a
consultant to the County.

Health Care
1 am pleased to report that the health care program at the jail has continued to follow its trajectory of improvement. The medical, mental, and dental care provided to inmates in the jail is currently adequate. The care meets constitutional standards. My opinion is based on my tour, interviews with staff, reviews of documents, grievances and quality management materials, and audits of medical records for patients with HN, diabetes, and abnormal chest x-rays . I also reviewed medication administration records.
1 paid substantial attention to the quality management program, as the staff has been consistently reporting superlative performance across the board. While I did not find substantial deficiencies in care, I pointed out significant opportunities for improvement in the process of data collection and analysis. Too many of the diabetics in the jail are in poor control . I pressed the medical staff to use the quality improvement process to discern the barriers to better diabetic control, and to remove those barriers . This is a successful method in other similar jails .
One of the barriers that I discovered is that the expectations for diabetic care are not clearly communicated to the clinical staff. Instead of using their homemade guidelines, I recommended to CMA that they promulgate nationally accepted guidelines, for example those listed on the website of the National Commission on Correctional Health Care .
The chronic disease registries are not current, and not usable in their current format . The long-promised automated scheduling program has been taken off the burner by the County MIS department . This is an error. The best tool for reducing risk to the County, and for improving medical care with the least rework, is tin automated scheduling system that can function as a chronic disease registry as well . Such a system will be appreciated at every level of operation of the jail, and improve the quality and continuity of care . I urge the County to place this project back on the front burner .

ROBERT B . GREffN1GER, M.D . 32 PARKWAY DRIVE
Do6ss FERRY, NEW YORK 10522-3517

PHONE: (914)693-9205 FAX : (914) 674-0113
E-MAIL : rubert .greifinger@verizon .nel

Case 1:04-cv-01416-TWT Document 27 Filed 07/08/04 Page 24 of 80
Report on Medical Care Fulton County Jail lone 9, 2003 Page 2 of 3
Other than measurement of performance on chronic disease, CMA has broadened the quality management program. I urge CMA to use this vehicle to do thoughtful analysis of data in order to drive constructive change.
CMA deserves congratulations for maintaining a low vacancy rate in the face of national shortages of nurses . On the day of my visit, there were only 2.5 RN vacancies.
Grady CMA does not use its log of pending appointments as a quality improvement tool . CMA
should monitor lag time to appointments by specialty, and intervene by specialty where there is a problem . Currently, the medical director intervenes for each patient who needs prompt access . This is inefficient and does not solve the system problems .
Mental Health There is now an on-site court with a mental health calendar . This is a big step toward a
mental health court for the inmates who cycle through the facility many times a year because of their serious chronic mental illness . This court is limited, however, to misdemeanors. In my opinion, patients with chronic mental illness who are charged with felonies need the attention of a special court as much as misdemeanants .
The County now has a psychologist and two licensed social workers working full time at the jail to work on discharge planning for inmates with chronic mental illness. This is also an excellent addition to the program.
CMA has made great strides in providing medication on release to patients with chronic mental illness.
Crowding and Security Staffing This area has deteriorated . During my visit the census was 2,851, with 2,506 at the main
jail . There were 400 inmates "without beds," which means that they have beds outside of cells. Beside the risks of communicable disease, which I have described in previous reports, this excess population puts a strain on security staffing .
The demands for security staff regularly and frequently cause delays in the distribution of medication to inmates. Although the medication does get to the inmates, the shortage of security staff causes too much downtime for nursing staff. This distracts them from their other duties . Also, the case workers for Am Atlanta continue to have too much downtime waiting for a security escort . The Sheriff does not have sufficient jail staff to support the medical care program.
Environment and Nutrition I toured the facility from the perspective of environmental hygiene. The facility was

Case 1:04-cv-01416-TWT Document 27 Filed 07/08/04 Page 25 of 80
Report on Medical Care Fulton County Jail June 9, 2003 Page 3 of 3
clean with fewer leaks and plumbing problems. There are now six new boilers for the HVACthis is a significant change. The new kitchen is stunning and a great improvement . The food is better, the hygiene is better and the kitchen has substantial capacity for extra business, for example, preparing food for meals-on wheels type programs.
The new intake area is operating . It too is a substantial improvement. There is a new vendor for maintenance . I was pleased to hear that there is now a preventive maintenance program and a very responsive vendor. During my visit, I recommended that the wrist blades in the kitchen be adjusted, and put on a preventive maintenance program as they should be on in the medical area . The only unhygienic area I visited was the examination room at Bellwood . This was cleaned before I left the facility. The dietician is working closely with health care staff and inmates to improve adherence to medically necessary diets.
Communicable Disease There have been 15 cases of drug-resistant Staph infection (MRSA) in the jail since
October 2002 . This is a modest number. There is a large outbreak at the DeKalb County Jail and there are apparently many cases in the Georgia Department of Corrections . Because of these latter cases, I recommended that the jail make sure that its hygiene practices conform with CDC recommendations, especially for health staff hand-washing, laundry and linen and underwear exchange for inmates . I provided CMA and the Sheriff with CDC recommendations.
Fiscal Review I learned that the County has engaged an agent to perform a fiscal review on the jail
operations . I hope that this agent will consult with me prior to making any recommendations on health care or security staffing that might affect health care. It is important for the reviewer to make knowledgeable recommendations in light of our recent experience with health care.
Communication The teamwork between jail administration, custody staff, dietary and maintenance staff
and health care staff is excellent. This teamwork is better than it is in most facilities of this size and complexity . This is testimony to excellent leadership and contributes to a fine and efficient system .
Sincerely,
Robert B . Greifinger, M.D.

Case 1:04-cv-01416-TWT Document 27 Filed 07/08/04 Page 26 of 80
EXHIBIT / ATTACHMENT C~)
(To be scanned in place of tab)

Case 1:04-cv-01416-TWT Document 27 Filed 07/08/04 Page 27 of 80
BL . AD OF COMMISSIONERS OF FULTON COUn . .

A

31

L

` -

~1 -

YM WM

STATE OF GEORGIA COUNTY OF FULTON
CERTIFICATION
I, Lois E. Shell, the undersigned Chief Deputy Clerk to the Commission of Fulton County, do hereby certify and declare that the attached is a true and correct copy of the Minutes, approved by the Board of Commissioners under Item #04-0247, at its Recess Meeting on February 18, 2004 as contained in its duly ratified minutes . This 8th day of July, 2004 .
Logs E. Shell, Chiefbeputy Clerk to the Commission Fulton County Board of Commissioners
[FUL'I'ON COUNTY SEAL]

COUNTY GOVERNMENT CENTER . SUITE 10044 .141 PRYOR ST ., S. W. " ATLANTA, GEORGIA 30303 " PHONE 404-73P8200 " FAX 7308254

Case 1:04-cv-01416-TWT Document 27 Filed 07/08/04 Page 28 of 80

Commissioner Lowe- "Call the question ."
Vice Chair Boxill - "Thank you ."
Commission Chair Handel - "Okay . Okay. That is approved. Next item, please ."
A motion was made by Commissioner Fulton and seconded by Commission Chair Handel to approve. The motion carried by a unanimous vote of 7-0-0. Commission Chair Handel, Vice Chair Boxill, and Commissioners Pitts, Fulton, Lowe, Darnell, and Edwards voted yes.

04-0247

COUNTY MANAGER - NEW BUSINESS - PURCHASING REQUEST APPROVAL OF RECOMMENDED PROPOSALS. (HELD #3/APPROVED #/S 1, 2, & 4-7)
l . DEPARTMENT: Finance SERVICE/COMMODITY : Audit Services BID #: 04RFP002YC TOTAL AMOUNT OF PURCHASE : $242,950 PRIME CONTRACTORS : P1C/Singleton & Jordan LLP (Atlanta, GA) $54,950 ; Maulding & Jenkins LLP (Marietta, GA) - $188,000 REQUESTED ACTION OF THE BOC : To approve a contract to provide Audit Services for Fulton County with the Finns PJC/Singleton & Jordan, LLP and Maulding & Jenkins LLP . EFFECT OF BOC'S ACTION : Award of (1) year contracts for audit services for fiscal year 2004 with PJC/Singleton & Jordan, LLP (Grants) in the amount of $54,950, and Maulding & Jenkins LLP (CAFR) in the amount of $188,000 from date of award through December 31, 2004 with three (3) renewal periods .
2 . DEPARTMENT : Finance SERVICE/COMMODITY : Unemployment Compensation Benefits BID #: 03RFPOl OC TOTAL AMOUNT OF PURCHASE : $27,000 PRIME CONTRACTOR : Jon-Jay Associates (Peabody, MA) REQUESTED ACTION OF THE BOC : To approve a contract to provide Unemployment Compensation Benefits with the Firm Jon-Jay Associates. EFFECT OF BOC'S ACTION : Fulton County Government will receive third-party services to manage claims costs for unemployment benefits paid to former employees, ensuring only appropriate benefits are paid. Contract period will be from date of award through December 31, 2004 with an option to renew for two additional twelve-month periods : 2005, 2006.

Recess Meeting, February 18, 2004

82

Case 1:04-cv-01416-TWT Document 27 Filed 07/08/04 Page 29 of 80

3. DEPARTMENT: Finance Department SERVICE/COMMODITY : Underwriters for Water and Sewer Bond Issue RFP #: 03RFQ002C TOTAL AMOUNT OF PURCHASE : Fee to be negotiated upon signing of Bid Bond Purchase Agreement. PRIME CONTRACTORS : Ciugroup (Atlanta, GA), Siebert Brandford Shank (Detroit, MI), and UBS Financial Services Inc (Bethesda, MD) REQUESTED ACTION OF THE BOC: Approve award of RFQ 03RFQ002C for Underwriting Services for the planned Water & Sewer Revenue Bond Issue . EFFECT OF BOC'S ACTION : Will allow the Finance Department to move ahead with the planning and execution of a Water & Sewer Revenue Bond Issue to provide the necessary funding for the Water & Sewer Capital Improvement Program as identified in the Business Plan.
4. DEPARTMENT : General Services SERVICE/COMMODITY: Architectural & Engineering Services for the Fairbum Senior Center RFP #: 03RFP200K TOTAL AMOUNT OF PURCHASE : $128,205 PRIME CONTRACTOR: A. Vincent Pope & Associates (Atlanta, GA) REQUESTED ACTION OF THE BOC: Approval ofA&E contract with recommended proposer . EFFECT OF BOC'S ACTION : Allows for the design services to commence . The contract term shall be 365 days after notice to proceed.
5. DEPARTMENT : Human Services SERVICE/COMMODITY : Organizational Evaluation & Service Delivery Plan of Action RFP #: 03RFP230C TOTAL AMOUNT OF PURCHASE : $61,125 PRIME CONTRACTOR : MGT of America, Inc. (Columbia, SC) REQUESTED ACTION OF THE BOC: Approval of the contract in the amount of $61,125 with Management of America for consulting services to conduct program evaluation of the Human Services Department's activities and to develop a strategic plan for future programming . EFFECT OF BOC'S ACTION: Development ofa strategic plan for the Human Services Department that will ensure an efficient and responsible service delivery system . The contract period shall be from February 23 to June 30, 2004.
6. DEPARTMENT : Public Works SERVICE/COMMODITY: Standby Transportation Engineering Services RFP #: 03 RFP I OOOK TOTAL AMOUNT OF PURCHASE : $750,000

Recess Meeting, February 18, 2004

83

Case 1:04-cv-01416-TWT Document 27 Filed 07/08/04 Page 30 of 80

PRIME CONTRACTORS : B & E Jackson (Atlanta, GA), Grice & Associates (Atlanta, GA), and Wolverton & Associates (Norcross, GA) REQUESTED ACTION OF THE BOC : Approval ofthree contracts to provide standby transportation engineering services for the Department of Public Works. EFFECT OF BOC'S ACTION : Award of three (3) contracts in an amount not to exceed $250,000 each to B & E Jackson, Grice & Associates, and Wolverton & Associates for standby engineering services from date of award through December 31, 2004 with the option to renew for two (2) years: 2005, 2006.
7. DEPARTMENT : Sheriff SERVICE/COMMODITY : Mental Health Services RFP # : 04RFP0002B TOTAL AMOUNT OF PURCHASE : $3,907,718 .40 PRIME CONTRACTOR : Correctional Medical Associates (Atlanta, GA) REQUESTED ACTION OF THE BOC: Approval of an award to Correctional Medical Associates in an amount not to exceed $3,907,718 .40, from March l, 2004 through February 28, 2005 . EFFECT OF BOC'S ACTION : Award of a contract to Correctional Medical Associates in an amount not to exceed $3,907,718.40, from March l, 2004 through February 28, 2005 to include two (2) one-year renewal options at the same rate, plus the lesser of either the Consumer Price Index for medical care or a 5 percent increase.
Lois Shell, Chief Deputy Clerk - "04-0247 . Request approval of recommended proposals ."
Commission Chair Handei - "Do I have a motion?"
Commissioner Fulton - "Move approval ."
Commissioner Lowe - "Second ."
Commission Chair Handel - "Discussion . Commissioner Pitts ."
Commissioner Pitts- "Before we discuss this item, I would like to state publicly and for the record, the principal in one of these firms was chair of my campaign committee, but I have no financial interest whatsoever in this contract."
Commissioner Edwards - "Which one is that?"
Commission Chair Handel- "Which one? Just so he can --."
Commissioner Pitts - "First item, number 1 ."
Commission Chair Handel - "Number 1?"

Recess Meeting, February 18, 2004

84

Case 1:04-cv-01416-TWT Document 27 Filed 07/08/04 Page 31 of 80

Commissioner Pitts - "Audit Services ." Commission Chair Handcl - "Okay." Commissioner Pitts- "Number l ." Commission Chair Handel - "All right . Thank you, Commissioner Pitts ." Commissioner Pitts -"So I just want to state that for the record ." Commission Chair Handcl - "Yes." Commissioner Pitts - "Item number 3, this is underwriters for Water and Sewer Bond Issue. And how many firms received the RFP?" Gus Robersoo, Purchasing- "45 ." Commission Chair Handel - "To the microphone, if you would, so we can hear you ." Mr. Robersoo - "45 ." Commission Chair Handcl - "Thank you ." Commissioner Pitts - "And how many responded?" Mr. Roberson - "21 ." Commissioner Pitts - "21?" Mr. Roberson - "Yes, sir ." Commissioner Pitts - "And I assume then that the firms were ranked or rated based upon a point system?" Mr. Roberson - "Yes, sir." Commission Chair Handel - "Would you still stay at the microphone so we can hear the responses . Thank you . I'm not sure Commissioner Pitts heard your last response ." Mr. Roberson - "Yes, they were rated and evaluated ." Commissioner Pitts - "And the firm that's being recommended here was rated the highest?" Mr. Noble - "There are several firms, Commissioners, that are being rated based on the evaluation results of the vendor selection committee that reviewed these proposals ."

Recess Meeting, February 18, 2004

85

Case 1:04-cv-01416-TWT Document 27 Filed 07/08/04 Page 32 of 80

Commissioner Pitts - "What I'm asking, though, is the firm that's being recommended, was it rated the highest?"
Ms. Sharon Whitmore, Finance- "Commissioner Pitts, yes, City Group and Siebert, Brandford, Shank are being recommended as co-senior managers and they both had the same score ."
Commissioner Pitts - "Were they rated? That's all I'm asking ."
Ms. Whitmore- "Yes, sir ."
Commissioner Pitts - "Okay. That's all I'm asking . Now the question here is, though, it says because most of these -- you and I have had this discussion -- most of these firms who seek to become underwriters they all do the same thing . We've had this discussion about just hitting a button on a computer and you change the name from one firm to another and it all comes out the same. And that's just the nature of that business . And we're paying for their experience, 1 suppose . But what is interesting about this one is that presumably the experience would pretty much be the same at least for several of those who responded . But with respect to the costs, where it says fee to be negotiated upon signing of bond bid purchase agreement, I've never seen that before ."
Ms. Whitmore - "This transaction is in a negotiated financing . At this point we're selecting underwriters and we will work with the underwriters to develop all of the marketing documents for the bond issue . And based on market timing, the director of finance will work with the underwriters to actually issue the bonds and at that point in time we'll sign the bond purchase agreement . And all of the fees will be negotiated with the underwriters at that time."
Commissioner Pitts - "I understand the last part. I understand how the process works . But with respect to the fee that will be paid the firm, it seems to me, and I've been involved in a lot of them, you negotiate the fee with the firm and you proceed. And I just found this to be strange ."
Ms. Whitmore - "This is the process that the County has followed for each of the issues that I've been involved with, that the fee has been negotiated at the point in time that the bond purchase agreement is signed . 1 don't know if Patrick wants to add anything to that."
Mr. O'Connor - "That is correct ."
Vice Chair Boxill - "Commissioner Pitts, I'm not sure 1 understand what you're asking . Are you wanting to know that firm A is going to get a dollar or 10 percent or 30 percent of a figure? I'm trying to follow your question."

Recess Meeting, February 18, 2004

86

Case 1:04-cv-01416-TWT Document 27 Filed 07/08/04 Page 33 of 80

Commissioner Pitts - "Yes. Just that I've never seen that language before, that when you go through and you evaluate the firms who respond, qualifications, experience, financial standing and then there's a line item for the fee ."
Vice Chair Boxill - "Fee. Right."
Commissioner Pitts - "And in this case, what struck me is it says that we're choosing this firm, but one of the major components of it is the costs and that's going to be negotiated on down the road. Now, if 1 were one ofthe others, I would have a problem with that. But if that's the way it is, that's the way it is. But I just find that strange . I have all the respect in the world for Mr. O'Connor. But don't misunderstand why I'm asking. I'm just trying to understand. I've just never seen that before . And typically, don't you have a spreadsheet with experience, et cetera, et cetera, about four or five columns and things that you look at and you award points on each one and one of the line items is costs?"
Ms. Whitmore - "On an RFP, yes, sir . What we asked for in this procurement was a request for qualifications and we did not ask the respondents to provide us with their fees because those fees would be negotiated at the time that the bond purchase agreement is signed ."
Commissioner Pitts - "If that's the process, that's it. I'll have to agree to it. But that's very loosey goosey to me and again, if i were one of the others, I would be very upset about that."
Commission Chair Handel - "Is this process a standard, commonly accepted process that is used by other jurisdictions?"
Mr. O'Connor- "Yes."
Commission Chair Handel - "Okay . Thank you . Any other questions?"
Vice Chair Boxill - "I do ."
Commission Chair Handel - "Okay. Commissioner Boxill."
Vice Chair Boxill - "On this same one ."
Commission Chair Handel - "Yes. Still on number 3?"
Vice Chair Boxill - "Yes."
Commission Chair Handel - "Okay."
Vice Chair Boxill - "The bond?"
Commission Chair Handel - "Yes:"

Recess Meeting, February 18, 2004

87

Case 1:04-cv-01416-TWT Document 27 Filed 07/08/04 Page 34 of 80

Vice Chair Boxill - "The package that I have looks like this with a cover memo from Patrick, doesn't list, for instance, who the contract is at the Malachi Group. It doesn't give me a sense of going to Commissioner Pitts' question whether or not these fees are expected to be 10 percent, 2 percent, 150 percent . I mean I just don't have a range. Is there a time-sensitive nature on this?"
Mr. O'Connor- "To answer your question, yes, they're -- they say Public Works is waiting for the sale of these bonds to commence the projects that were approved by the Board in the fall . To give you a sense of cost, in 1998 we back then had about a $276-million issue . Basically, the cost of insurance ran approximately about one percent of the transaction . And I would have no reason to believe that they would vary much from that this time, Commissioner ."
Vice Chair Boxill - "Well, is it possible to say in here that the costs for issuance shall not exceed one percent? Is that something that could be done?"
Mr. O'Connor-"Yes . Yes, but-- Yes ."
Vice Chair Boxill - "You don't advise it?"
Mr. O'Connor - "It could be done."
Vice Chair Boxill - "Okay . Then my next question is if we waited . Who's here from Public Works? If we waited two weeks on this, would that be a burden?"
Mr. Tim Equels, Public Works - "Right now we're developing a lot ofour procurement documents for the issuance of the 2004 project under the bond program . I'm not saying two weeks would make a difference one way or the other, but any more than that then we'll be we'll be awarding projects in June instead of May ."
Vice Chair Boxill - "All right . I would be interested in holding this for two weeks to get some questions answered . But if it's the will of the Body to go forward, I --."
Commissioner Edwards - "Is that your motion?"
Commission Chair Handel - "Make a motion .
Vice Chair Boxill - "All right. 1 would make a motion to hold it."
Commissioner Edwards - "I second it."
Commission Chair Handel - "All right . So to hold?"
Vice Chair Boxill - "Not to exceed being presented at our next regularly scheduled meeting ."
Commission Chair Handel - "All right . Let's vote on that and then we'll --."

Recess Meeting, February 18, 2004

88

Case 1:04-cv-01416-TWT Document 27 Filed 07/08/04 Page 35 of 80

Commissioner Lowe - "It's been called?"
Commission Chair Handel - "Yes. Vote to hold. All right. We're going to hold that for a period of time not to exceed two weeks and the motion that is currently on the floor is to now approve I through 7, with the exception of 3 ."
Commissioner Fulton - "That's my motion ."
Commission Chair Handel - "That's your motion still?"
Commissioner Fulton - "It is now. It wasn't ."
Commission Chair Handel - "It was? Oh, that's true. We had a substitute to do that one, to hold. So now we need another motion . So I'll make my motion and you second --."
Commissioner Fultoo - "Move for approval ."
Commissioner Lowe - "Second ."
Commission Chair Handel - "Thank you . All right ."
Commissioner Edwards - "This would happen with the one we held?"
Commission Chair Handel - "Yes."
Commissioner Edwards - "Yes ."
Commissioner Fulton - "You could even slide the other one in ."
Commissioner Edwards - "Madam Chair, may I make an observation?"
Commission Chair Handel - "Yes, you may."
Commissioner Edwards - "You know in these packets, and I think we said this earlier a couple of years ago about these contract performance reports for professional services. !f you circle a grade of four, one, zero through four, there's a reason why you circled them . And it would help us a whole lot, whether good or bad, if you would put that comment where it belongs . And I've been seeing a lot of that coming across the desk and it tells me that you're doing this just as a formality . And we don't need to do this as a formality . If you tell me that he got four on the first one, 1 need to know why he got four. There was some rationale in your mind as to why he got four. And it would help us out a whole lot if you would do that. And I would ask the County Manager that on these performance reports that we put something in those comments . Thank you, Madam Chair."
Commission Chair Handel - "All right . Okay. Next item, please ."

Recess Meeting, February 18, 2004

89

Case 1:04-cv-01416-TWT Document 27 Filed 07/08/04 Page 36 of 80

A. A motion was made by Commissioner Fuhon and seconded by Commissioner Lowe to approve numbers 1-7 . (NO VOTE TAKEN
B. A substitute motion was made by Vice Chair Boxill to hold number 3 until the next Board meeting (313/04). The motion carried by a vote of 6-1-0. Commission Chair Handel, Vice Chair Boxill, and
Commissioners Pitts, Lowe, Darnell, and Edwards voted yes. Commissioner Fulton voted no.
C. A motion was made by Commission Chair Handel and seconded by Commissioner Lowe to approve numbers 1,2,4,5,6, and 7. The motion carried by a unanimous vote of 7-0-0 . Commission Chair Handel, Vice Chair Boxill, and Commissioners Pitts, Fulton, Lowe, Darnell, and Edwards voted yes.

04-0248

COUNTY MANAGER - NEW BUSINESS - PURCHASING REQUEST APPROVAL OF CHANGE ORDER GREATER THAN 10 PERCENT. (APPROVED)
1 . DEPARTMENT : Public Works #98RFP003C PROJECT : Glenridge Drive Widening and Improvements PRIME CONTRACTOR: Presnell Associates, Inc . (Atlanta, GA) REQUESTED ACTION OF THE BOC : Approval of Change Order No. 4 by increasing the revised contract amount from $264,988 .51, as amended by $75,224 .57 (49 .5%), to a total revised amount of $340,213 .08 . EFFECT OF BOC'S ACTION : Increases the amount of the current contract and extends the time of completion to December 31, 2005 . ACTION : Approval of Change Order No . 4 REFERENCE : Fulton County Procedure 800-6(C) (3), changes in applicable law or regulation, which requires modification of the specifications . REASON : To incorporate modifications to the specification and extend the time ofexecution due to changes in applicable law or regulation. JUSTIFICATION : Change order work required to complete the design of the project . WORK: Change Order Number Four is a request by GDOT to update the database, revise preliminary plans, provide supplemental final plans, provide traffic engineering services related to the post office driveway and Highpoint Intersection, additional environmental services, complete two environmental reevaluations, right-of-way staking for the entire project, and preparation of a soil survey . IMPACT : Approval of change order #4 will allow for the project to proceed to construction .

Recess Meeting, February 18, 2004

90

Case 1:04-cv-01416-TWT Document 27 Filed 07/08/04 Page 37 of 80
Bi, . .riD OF COMMISSIONERS OF FULTON COUh . . .. . .
FYLi011 CM
STATE OF GEORGIA COUNTY OF FULTON
CERTIFICATION
I, Lois E. Shell, the undersigned Chief Deputy Clerk to the Commission of Fulton County, do hereby certify and declare that the attached is a true and correct copy of the Minutes, approved by the Board of Commissioners under Item #03-1289, at its Recess Meeting on October 15, 2003 as contained in its duly ratified minutes. This 8th day of July, 2004 .
t6is E. Shell, Chief Deputy Clerk to the Commission Fulton County Board of Commissioners
[FULTC?N COUNTY SEAL]
COUNTY GOVERNMENT CENTER " SUITE 10044 . 141 PRYOR ST ., S. W. " ATLANTA, GEORGIA 30303 " PHONE 406-7348200 " FAX 730-8254

Case 1:04-cv-01416-TWT Document 27 Filed 07/08/04 Page 38 of 80

03-1289

COUNTY MANAGER-NEW BUSINESS-PURCHASING-REQUEST APPROVAL OF RECOMMENDED PROPOSALS. (APPROVED)

1 . DEPARTMENT : Sheriff SERVICE/COMMODITY: Jail Inmates Medical Health Services Contract RFP #: 04RFP707B TOTAL AMOUNT OF PURCHASE : $9,897,16037 PRIME CONTRACTOR : Correctional Medical Associates (Atlanta, GA) REQUESTED ACTION OF THE BOC : Approval to award a medical services contract to Correctional Medical Associates to provide medical services for inmates at the Fulton County Jail in the amount of $9,897,160.37 . EFFECT OF THE BOC'S ACTION : Approval of a contract award for jail medical health services in the amount of $9,897,16037 to include two (2) additional twelve-month renewal options .

Mark Massey, County Clerk - "Page 21 . I'm sorry. Page 22. 03-1289 . Request approval of recommended proposals ." Commissioner Boxill - "Move approval ." Commissioner Lowe - "Second ."
Commissioner Fulton - "Mr. Chairman ."

Vice Chairman Edwards - "Moved and seconded . Any discussion?"

Commissioner Fulton - "I have a question:" Vice Chairman Edwards- "Okay . Commissioner Fulton ." Commissioner Fulton - "This is 1289? Is that the right one?"

Mark Massey - "Yes." Commissioner Fulton - "That's with the company, Correctional Medical Associates, is that correct?" Mr. Noble - "Yes ."

Commissioner Fulton - "Do we have contracts with them already?" Mr. Noble - "Yes, sir ." Commissioner Boxill - "Yes." Mr. Noble - "Yes . The current contractor."

RECESS MEETING, OCTOBER 15, 2003

187

Case 1:04-cv-01416-TWT Document 27 Filed 07/08/04 Page 39 of 80

Commissioner Fulton - "Is this a replacement for a previous contractor or is this a separate contract . We went through a discussion about extensions and so on. What's the story?" Mr. Noble - "This is a new solicitation, Commissioner Fulton, a new contract ." Commissioner Fulton - "Now, does it replace the other one that we were discussing earlier?" Mr. Noble - "No, sir."
Mr. Andrews - "Commissioner, the one you were discussing earlier, if 1 remember, sir, was the mental health contract. This is the somatic. ..."
Vice Chairman Edwards - "Yes."
Mr. Andrews - ". ..care, physical health contract."
Commissioner Fulton - "What was the magnitude of the other contract, $5 million or something like that?"
Mr. George Herron, Sheriff's Department - "It's $4 million ." Commissioner Fulton - "And so this one is almost $10 million."
Mr. Herron - "Yes. This is a physical portion of a medical contract instead ofthe mental."
Commissioner Fulton - "Are they overlapping or are they separate activities?"
Mr. Herron - "They're separate, sir." Commissioner Fulton - "Okay. I was just a little bit surprised . I'm not trying to dig into the details on this, but as a member of the organization, the Board that has to allocate money, this one is $10 million, roughly . And the other is $5 million . That's $15 million of the Sheriffs $78-million budget. That's like 20 percent of the total budget in the Sheriffs Department. Is that correct?"
Mr. Herron - "Yes. One is 4 million, sir, and one is 9 million . That's correct but you got -- ."
Commissioner Fulton - "9.8 million ."
Mr. Herron - "Say it again, sir :"
Commissioner Fulton - "This one's 9.8 million ." Commissioner Lowe - "9 .9:"
Mr. Herron - "9 .8 million, approximately, yes."

RECESS MEETING, OCTOBER 15, 2003

188

Case 1:04-cv-01416-TWT Document 27 Filed 07/08/04 Page 40 of 80

Commissioner Fulton - "So what that represents, if 1 understand correctly, then is close to $15 million of the Sheriffs budget, which is 20 percent of it. And I just thought that was a little bit surprising to see that magnitude of that of the Sheriffs budget going to one single contract albeit for two different services." Vice Chairman Edwards - "Are you advocating increasing her budget?" Commissioner Fulton - "No . I'm trying to understand her budget and where the money's going is what I'm trying to do since it's almost invisible to us as Commissioners ."
Commissioner Boxill - "May I ask a question?"
Commissioner Fulton - "So I don't have any problem with it if that's the recommendation and based on the evaluation. It looks like it was, if I understood the information, this one was bid out and it was the low bidder ."
Mr. Herron - "Yes, sir. It was ." Commissioner Fulton - "Okay . Fine. I'm satisfied." Vice Chairman Edwards -"Okay . Commissioner Darnell ." Commissioner Fulton - "lust the magnitude ."
Vice Chairman Edwards - "Right ." Commissioner Darnell - "Am 1 next?"
Vice Chairman Edwards - "You're next." Commissioner Darnell - "All right. Thank you, Mr. Chairman. I would like to know how many proposals were received." Mr. Noble - "We received three, Commissioner ." Commissioner Darnel) - "Three?" Mr. Noble - "Three ." Commissioner Darnel) - "What was the second lowest? I'm assuming this was the lowest ."
Mr. Noble - "The recommended vendor is the lowest ." Commissioner Darnel) - "The lowest ."
Mr. Noble - "The lowest ."

RECESS MEETING, OCTOBER 15, 2003

189

Case 1:04-cv-01416-TWT Document 27 Filed 07/08/04 Page 41 of 80

Commissioner Darnel) - "1'm asking about the next lowest . You don't need to give me the name but the amount. What was the next lowest amount?"
Mr. Noble - "There's a $3 million additional cost to buy the second lowest vendor ."
Commissioner Darnel) - "All right . Thank you . I recall some years ago, Mr. Andrews, that we received, maybe I should ask Ms . Brantley, did we receive a directory from the Federal Court at the time when we were under that order directing us to contract with this company? Is this the company that we received a direct order to --."
Madam Attorney - "Commissioner, I can't be certain that it's this company . But we certainly did receive an order from the court directing us to contract with a particular company ."
Commissioner Darnel) - "You don't remember whether it vas this one?"
Mr. Andrews - "We believe it was this company, Commissioner."
Commissioner Darnel) - "II was this company?"
Mr. Andrews - "Yes. Yes, ma'am."
Commissioner Darnel) - "Yes. I'm going to assume, Mr. Noble, that the purchasing operation did not take into account a directive from the Federal Court at the time we were under a court order in making your recommendation on this particular contract since we're no longer under that court order."
Mr. Noble - "No, ma'am. It did nut enter into the selection process at all ."
Commissioner Darnel) - "And therefore in your preliminary evaluation of the proposals, you are not affected at all by the fact that the Federal Court as a matter of fact had directed us to enter into a contract with this firm at some time in the past."
Mr. Noble - "No, ma'am ."
Commissioner Darnel) - "All right . May 1 ask the representative from the Sheriffs Department .. . ."
Mr. Herron - "Yes, ma'am ."
Commissioner Darnel) - ".. .were you affected at all in your evaluation of this record by the tact that the Federal Court at some time in the past had directed us to do business with this company?"
Mr. Herron - "No, ma'am . I wasn't . 1 wasn't even on the selection committee ."
Commissioner Darnel) - "Were you on the selection committee this time?"
Mr. Herron - "No . No, ma'am ."

RECESS MEETING, OCTOBER 15, 2003

190

Case 1:04-cv-01416-TWT Document 27 Filed 07/08/04 Page 42 of 80

Commissioner Darnell - "All right. Well, to your knowledge do you know whether or not persons representing your department on the selection committee were affected at ail by the fact that we were directed by a Federal Court to do business with this company at one time?" Mr. Herron - "No, ma'am ." Commissioner Darnel) - "All right . Thank you ."
Vice Chairman Edwards - "Okay. Any further discussion?"
Commissioner Pitts - "Yes, just --."
Vice Chairman Edwards - "Commissioner Pitts."
Commissioner Pitts - "One quick one. This is a new contract."
Mr. Noble - "Yes, Commissioner ."
Commissioner Pitts - "And with two additional 12-month renewal options . At what point during next year will you have to come before us so we won't have -- I'm trying to get it straight in my own mind if you make a decision to renew ."
Mr. Noble- "In accordance with your rules, this contract begins I, January, 2004. It ends December 31, 2004."
Vice Chairman Edwards - "Okay ."
Mr. Noble - "Therefore, consistent with your policy, it would appear before this Board at the earliest in September in 2004 . If the Sheriff determines to seek renewal."
Commissioner Pitts - "if the Purchasing Department, when you'll be making a presentation ...."
Vice Chairman Edwards- "No."
Commissioner Pitts - ". . .in September . 1 just needed the date to so September ."
Mr. Noble- "September ."
Commissioner Pitts - "Okay." Vice Chairman Edwards - "Okay . What's the minority participation on this again, 1 don't think 1 heard?"
Ms. Mathis-Browder- "100 percent ."

RECESS MEETING, OCTOBER 15, 2003

191

Case 1:04-cv-01416-TWT Document 27 Filed 07/08/04 Page 43 of 80

Vice Chairman Edwards - "100 percent, okay. Any further discussion? Cast your votes on the motion to approve."

Commissioner Darnell - "You might ask them to give a call to ACCG and tell them how to --." Vice Chairman Edwards - "Next, Mr. Clerk."

A motion was made by Commissioner Bozill and seconded by Commissioner Lowe to approve . The motion carried by a vote of 6-0-0.

CLERK'S NOTE : DOCUMENTS ON FILE IN THE CLERK'S OFFICE.

03-1233

COMMISSIONERS' ITEMS - UNFINISHED BUSINESS REQUEST APPROVAL OF RESOLUTION TO AMEND RULE 5 OF THE PROCEDURAL RULES FOR MEETINGS OF THE BOARD OF COMMISSIONERS, RELATING TO VOTING,
SO AS TO CLARIFY THE RESULT OF A VOTE WHERE LESS THAN FOUR (4) AFFIRMATIVE VOTES HAVE BEEN RECORDED; TO PROVIDE FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES . (PITTS) (HELD 10/01/03)
FAILED)

Mark Massey, County Clerk- "Page 23 . Commissioners' Items. Unfinished Business. 03-1233 . Request approval of Resolution to amend Rule 5 of the Procedural Rules for Meetings of the Board of Commissioners, relating to voting, so as to clarify the result of a vote where less than four affirmative votes have been recorded, to provide for an effective date, and for other purposes. Commissioner Pitts."

Commissioner Pitts - "1 would move approval . 1 can't tell you how many calls 1 received about people who saw this and watched it -- that we would even have a discussion about something as elementary as whether a motion passes or fails . So 1'l l try again. My motion is to approve . This is on whether or not if a motion that comes before us does not get four yes or affirmative votes, it fails. It's elementary, parliamentary procedure . So my motion is to approve ."
Commissioner Darnell - "I'll second it, Mr. Pitts. Was it seconded?"
Mark Massey - "No ."
Vice Chairman Edwards - "Uh-uh (negative)."
Commissioner Darnell- "I'll second it."
Vice Chairman Edwards - "Any discussion? Cast your votes on the motion to approve . That fails. Next case."
A motion was made 6y Commissioner Pitts and seconded by Commissioner Darnel) to approve . The motion failed by a vote of 2-4-0. Vice Chairman Edwards and Commissioners Boxill, Fulton, and Lowe voted "no."

RECESS MEETING, OCTOBER 15, 2003

192

Case 1:04-cv-01416-TWT Document 27 Filed 07/08/04 Page 44 of 80
EXHIBIT / ATTACHMENT D,
(To be scanned in place of tab)

Case 1:04-cv-01416-TWT Document 27 Filed 07/08/04 Page 45 of 80
B~ . .AD OF COMMISSIONERS OF FULTON COUi .
s- . .~ C" ' 7
STATE OF GEORGIA COUNTY OF FULTON
CERTIFICATION
I, Lois E. Shell, the undersigned Chief Deputy Clerk to the Commission of Fulton County, do hereby certify and declare that the attached is a true and correct copy of the Minutes, approved by the Board of Commissioners under Item #03-1167, at its Recess Meeting on September 17, 2003 as contained in its duly ratified minutes. This 8th day of July, 2004 .
~..e,e.2.
lxois E. Shell, Chief Deputy Clerk to the Commission Fulton County Board of Commissioners
[FUI .TON COUNTY SEAL]
COUNTY GOVERNMENT CENTER . SUITE 10044 . 141 PRYOR ST ., S.W . " ATLANTA, GEORGIA 30303 " PHONE 40a-73.08200 . FAX 730-8259

Case 1:04-cv-01416-TWT Document 27 Filed 07/08/04 Page 46 of 80

ACTION: Approval of change order number two .

REFERENCE : FC Procedures 800-6(3), changes in applicable laws or

regulations, which require modifications of the specifications .

REASON : To incorporate new National Pollutant Discharge Elimination

System (NPDES) into the construction plans. Effective July I, 2003, the

NPDES requirement for erosion control plans was changed to include all

construction sites ofone acre or more. Previously, the requirement had

applied to sites of five acres or more.

WORK : Change order work includes modifications to the Elimination System

(NPDES) into the construction plans.

IMPACT : Approval of change order #2 will allow for the project to proceed

to construction .

FUNDING :

Original Contract Amount: $283,750

Change Order No. 1 :

$ 87,829 (30 .9%)

Change Order No. 2 :

$ 19.655 ( 6.9)

Total Revised Amount :

$391 .234 (37 S%)

A motion was made by Commissioner Lowe and seconded by Commissioner Fulton to approve . The motion carried by a vote of 5-0-0. Commissioner llarnell did not vote.

CLERK'S NOTE : DOCUMENTS ON FILE IN THE CLERK'S OFFICE .

03-1167

COUNTY MANAGER - NEW BUSINESS - PURCHASING REQUEST APPROVAL TO RENEW EXISTING CONTRACT. (APPROVED WITH THE EXCLUSION OF #2 & #22)

1 . DEPARTMENT: Emergency Services SERVICE/COMMODITY : Public Safety 800MHz "trunked Radio System Maintenance Contract BID # : 20030006YC TOTAL AMOUNT OF PURCHASE : $1,364,898 .75 PRIME CONTRACTOR : Motorola, Inc. (Atlanta, GA) REQUESTED ACTION OF THE BOC : The approval of a renewal contract for the year 2004, in the amount of $1,364,898 .75 with Motorola, Inc . to provide maintenance and support of the Countywide 800 MHz Trunked Radio System. EFFECT OF THE BOC'S ACTION : The approval of a renewal contract for the year 2004 in the amount of $1,364,898 .75 with Motorola Inc . to provide maintenance and support of the Countywide 800Mhz Trunked Radio System .
2. DEPARTMENT : Finance SERVICE/COMMODITY: Cost Allocation Plans BID #: 02RFP001 C TOTAL AMOUNT OF PURCHASE : $40,250

RECESS MEETING, SEPTEMBER 17, 2003

207

Case 1:04-cv-01416-TWT Document 27 Filed 07/08/04 Page 47 of 80

PRIME CONTRACTOR : Association of County Commissioners ofGeorgia (ACCG), (Atlanta, GA) REQUESTED ACTION OF THE BOC : To approve contract renewal with prime contractor in the amount of $40,250 . EFFECT OF THE BOC'S ACTION : Will provide for the renewal of a contract with the Association of County Commissioners of Georgia (ACCG) to provide professional services in preparing the County's cost allocations plans from January I, 2004, through December 31, 2004, pending approval of the 2004 budget. REMOVED BY THE BOARD AS REQUESTED BY THE COUNTY MANAGER .
3. DEPARTMENT : Finance SERVICE/COMMODITY : Employee & Retiree Health Insurance BID i!: 02RFPOOSC TOTAL AMOUNT OF PURCHASE : $3,278,000 PRIME CONTRACTORS : Blue Cross/Blue Shield (Atlanta, GA) - $2,681,000, Eckerd Health Services (Pittsburgh, PA) $373,000, Horizon Behavioral Services (Lewisville, TX) - $224,000 REQUESTED ACTION OF THE BOC: To approve contract renewals with prime contractors in the following amounts : Blue Cross/Blue $2,681,000, Eckerd Health Services - $373,000, Horizon Behavioral Services -$224,000 . EFFECT OF THE BOC'S ACTION : Will provide for the renewal of contracts with prime contractors to provide employee & retiree health insurance from January I, 2004, through December 31, 2004, pending approval of the 2004 budget
4. DEPARTMENT : Health & Wellness SERVICE/COMMODITY: Medical Office Cleaning Services BID # : 20030102YB TOTAL AMOUNT OF PURCHASE : $59,850 PRIME CONTRACTOR: Little Cleaning Services (Atlanta, GA) REQUESTED ACTION OF THE BOC : Approve the renewal of a cleaning service contract with Little Cleaning Services in the amount of $59,850 . EFFECT OF THE BOC'S ACTION : Approval ofa 12-month contract for cleaning services for the period date of award through June 30, 2004, in the amount of $59,850 with an option to renew for one additional 12-month period .
5. DEPARTMENT : Health & Wellness SERVICE/COMMODITY: Dental Supplies BID # : 20020013B TOTAL AMOUNT OF PURCHASE : $60,000 PRIME CONTRACTOR: Henry Schein Inc. (Melville, NY)

RECESS MEETING, SEPTEMBER 17, 2003

208

Case 1:04-cv-01416-TWT Document 27 Filed 07/08/04 Page 48 of 80

REQUESTED ACTION OF THE BOC : Approve the renewal ofa 12month contract with Henry Schein Inc . in the amount of $60,000 to provide dental supplies for the period from date of award to June 30, 2004. EFFECT OF THE BOC'S ACTION : Approval of a l2-month contract with Henry Schein Inc . in the amount of $60,000 to provide dental supplies from date of award to June 30, 2004, with an option to renew for 1 additional 12month period .
6. DEPARTMENT : Information Technology SERVICE/COMMODITY : Financial Reporting Software BID #: Sole Source TOTAL AMOUNT OF PURCHASE : $50,263 PRIME CONTRACTOR: Information Builders Inc . (Atlanta, GA) REQUESTED ACTION OF THE BOC: To approve a contract renewal with prime contractor in the amount of $50,263. EFFECT OF THE BOC'S ACTION : Will provide for the renewal ofa contract with Information Builders, Inc . to provide financial reporting software from January 1, 2004, through December 31, 2004, pending approval of the 2004 budget
7. DEPARTMENT: Information Technology SERVICE/COMMODITY : Support and Maintenance for CAD (Computer Aided Dispatch) software system serving the County's Emergency Communications Department and underlying technology to support the system . BID # : Sole Source TOTAL AMOUNT OF PURCHASE : $15,13830 PRIME CONTRACTOR: PRC (Reston, VA) REQUESTED ACTION OF THE BOC : Approval to renew an existing contract in the amount of $15,138 .30 . EFFECT OF THE BOC'S ACTION : Approval of a 12-month contract to provide software fixes, enhancements and new releases to complement existing software in the amount of $15,13830 .
8 . DEPARTMENT : Information "Technology SERVICE/COMMODITY : Software Maintenance & Support Agreement BID #: OIRFPl1B TOTAL AMOUNT OF PURCHASE : $425,129 .81 PRIME CONTRACTOR : Oracle Corporation (Atlanta, GA) REQUESTED ACTION OF THE BOC : Approval of renewal option for software support maintenance in the amount $425,129 .81 . EFFECT OF THE BOC'S ACTION : Approval of a twelve-month maintenance renewal agreement in the amount of $425,129.81 .
9 . DEPARTMENT : Information "technology

RECESS MEETING, SEPTEMBER 17, 2003

209

Case 1:04-cv-01416-TWT Document 27 Filed 07/08/04 Page 49 of 80

SERVICE/COMMODITY : Software Maintenance Agreement for "CAMA"and "OASIS" BID #: Sole Source TOTAL AMOUNT OF PURCHASE : $127,382 .75 PRIME CONTRACTOR: Cole, Layer and Trumble (Dayton, OH) REQUESTED ACTION OF THE BOC: Approve renewal of a Sole Source agreement for Software Maintenance in the amount of $127,382 .75 . EFFECT OF THE BOC'S ACTION : Approval of a 12-month contract for software maintenance and support for "Cama" and "Oasis" software for die Tax Commissioner and Tax Assessor for the period of January I, 2004, through December 31, 2004, in the amount of $127,382.75 .
10. DEPARTMENT : Information Technology S: ERVICE/COMMODITY Case Management Software Services BID #: 200201 lYA TOTAL AMOUNT OF PURCHASE : $115,500 PRIME CONTRACTOR: Canyon Solutions (Tempe, AZ) REQUESTED ACTION OF THE BOC : Approval of a one (1) year contract renewal (2004) with Canyon Solutions to provide maintenance services for the Georgia Council of Juvenile Court Judges, Juvenile Case Activity Tracking System (JCATS) from January 1, 2004, through December 31, 2004, in the total amount of $115,500. EFFECT OF THE BOC'S ACTION : Award ofcontract renewal with Canyon Solutions to provide maintenance services of the Georgia Council of Juvenile Court Judges, Juvenile Case Activity Tracking System (!CATS) from January l, 2004, through December 31, 2004, in the total amount of $115,500.
11 . DEPARTMENT: Library SERVICE/COMMODITY : Maintenance and Support Agreement for the CARL Software System BID # : Sole Source TOTAL AMOUNT OF PURCHASE : $140,000 PRIME CONTRACTOR : Carl Systems Inc . (Denver, CO) REQUESTED ACTION OF THE BOC: Approval to renew maintenance and support agreement for the CARL Software System utilized by the Atlanta-Fulton Library System in the amount of $140,000. EFFECT OF THE BOC'S ACTION: Approval of a twelve-month contract for maintenance and software support agreement for the CARL Software System utilized by the Atlanta-Fulton Library System, for the period of January 1, 2004, through December 31, 2004, in the amount of $140,000.
12 . DEPARTMENT : Public Works SERVICE/COMMODITY : Corporations Stops and Brass Fittings BID #:200300061 YC TOTAL AMOUNT OF PURCHASE : $85,000

RECESS MEETING, SEPTEMBER 17, 2003

210

Case 1:04-cv-01416-TWT Document 27 Filed 07/08/04 Page 50 of 80

PRIME CONTRACTORS : Delta Municipal Supply Company (Lawrenceville, GA) - $60,000, and Kendal) Supply Company (Lawrenceville, GA)-25,000 . REQUESTED ACTION OF THE BOC : The approval of a renewal contract with each of the prime vendors in an amount not to exceed $60,000 for Delta Municipal Supply Company and $25,000 for Kendal) Supply Company. EFFECT OF THE BOC'S ACTION : Will provide for the renewal of contracts with Delta Municipal Supply Company and Kendal) Supply Company from January 1, 2004, through December 31, 2004, pending approval of the 2004 budget.
13 . DEPARTMENT: Public Works SERVICE/COMMODITY : Copper Tubing BID #: 20031013YC TOTAL AMOUNT OF PURCHASE : $80,000 PRIME CONTRACTOR: Kendal) Supply, Inc . (Lawrenceville, GA) REQUESTED ACTION OF THE BOC: The approval ofa renewal contract with the prime vendor in an amount not to exceed $80,000 . EFFECT OF THE BOC'S ACTION: Will provide for the renewal ofa contract with Kendal) Supply, Inc . for fiscal 2004, pending approval of 2004 budget.
14. DEPARTMENT: Public Works SERVICE/COMMODITY : Manhole Risers, Frames, Grates, etc . BUD #: 20031035YC TOTAL AMOUNT OF PURCHASE : $201,000 PRIME CONTRACTORS : Kendal) Supply, (Lawrenceville, GA) - $110,000, McArthur Concrete Products (Acworth, GA) - $76,000, and U .S . Pipe & Foundry, (Atlanta, GA) - $15,000 . REQUESTED ACTION OF THE BOC : To approve contract renewals with prime contractors in the following amounts : Kendal) Supply - $110,000, McArthur Concrete Products - $76,000, and U .S . Pipe & Foundry - $15,000 . EFFECT OF THE BOC'S ACTION : Will provide for the renewal of contracts with prime contractors to provide manhole risers, frames, grates, etc . from January 1, 2004, through December 31, 2004, pending approval of the 2004 budget
15 . DEPARTMENT : Public Works SERVICE/COMMODITY : Fire Hydrant & Parts BID #: 20031009YC TOTAL AMOUNT OF PURCHASE : $80,000 PRIME CONTRACTOR: Kendal) Supply, Inc . (Lawrenceville, GA) REQUESTED AC'T'ION OF THE BOC : To approve a contract renewal with prime contractor in the amount of $80,000 . EFFECT OF THE BOC'S ACTION : Will provide for the renewal of a contract with Kendal) Supply, Inc . to provide tire hydrant & parts from

RECESS MEETING, SEPTEMBER 17, 2003

211

Case 1:04-cv-01416-TWT Document 27 Filed 07/08/04 Page 51 of 80

January 1, 2004, through December 31, 2004, pending approval of the 2004 budget .
16 . DEPARTMENT : Public Works SERVICE/COMMODITY: Privatization of Solid Waste Management Composting and drop-off facility at Merl:/Miles Road Landfill . RFP# : O l RRFPOOSK TOTAL AMOUNT OF PURCHASE : $50,000 PRIME CONTRACTOR : Consolidated Resources Recovery (Sarasota, FL) REQUESTED ACTION OF THE BOC : Approval to renew existing contract for twelve (12) months, subject to availability of funds. EFFECT OF THE BOC'S ACTION : The renewal of a twelve (12) month contract will be from January l, 2004, to December 31, 2004. The County is not obligated to pay the contractor for any operations associated with the privatization of the facility . The vendor operates the scales, maintains disposal bins, and operates the drop-off facility in return for operating the composting facility . In addition to privatizing facility operations, this agreement sets the maximum disposal rates paid by County residents, along with providing the County with 480 tons of free disposal and 540 tons of free mulch . However, this action would also approve an optional disposal fund for a cost not to exceed $50,000 for emergency disposal fees for solid waste delivered by the County in excess of the free disposal provided under this agreement .
17 . DEPARTMENT : Public Works SERVICE/COMMODITY: Water Meter Boxes BID # : 20021015YC TOTAL AMOUNT OF PURCHASE : $225,000 PRIME CONTRACTORS : Delta Municipal Supply (Lawrenceville, GA) - $150,000, National Water Works (Kennesaw, GA) - $5,000, Kendall Supply (Lawrenceville, GA) - $70,000 REQUESTED ACTION OF THE BOC : To approve contract renewals with prime contractors in the following amounts : Delta Municipal Supply-$150,000, National Water Works-$5,000, and Kendall Supply$70,000 . EFFECT OF THE BOC'S ACTION : Will provide for the renewal of contracts with prime contractors to provide water meter boxes from January l, 2004, through December 31, 2004, pending approval of the 2004 budget .
18 . DEPARTMENT : Public Works SERVICE/COMMODITY : Yard Trimmings & Bulk Waste Collection Services BID #: 20030001 YC TOTAL AMOUNT OF PURCHASE : $709,320 PRIME CONTRACTOR: Latham Home Sanitation, Inc. (Red Oak, GA)

RECESS MEETING, SEPTEMBER 17, 2003

212

Case 1:04-cv-01416-TWT Document 27 Filed 07/08/04 Page 52 of 80

REQUESTED ACTION OF THE BOC : To approve a contract renewal with prime contractor in the amount of $709,320 . EFFECT OF THE BOC'S ACTION : Will provide for the renewal of a contract with Latham Home Sanitation, Inc . to provide yard trimmings & bulk waste collection services in unincorporated south Fulton County from January 1, 2004, through December 31, 2004, pending approval of the 2004 budget .
19 . DEPARTMENT : Public Works SERVICE/COMMODITY: Chemical Root Control BID #: 20030013YC TOTAL AMOUNT OF PURCHASE : $298,000 PRIME CONTRACTOR : Duke's Sales & Service, (Syracuse, NY) REQUESTED ACTION OF THE BOC: To approve a contract renewal with prime contractor in the amount of $298,000 . EFFECT OF THE BOC'S ACTION : Will provide a renewal of a contract with Duke's Sales & Service to provide sewer root control service from January 1, 2004, through December 31, 2004, pending approval of 2004 budget.
20. DEPARTMENT: Public Works SERVICE/COMMODITY : Fencing and Supplies BID #: 20030010YC TOTAL AMOUNT OF PURCHASE : $98,000 PRIME CONTRACTOR : Hatmaker Fence Company, (Hapeville, GA) REQUESTED ACTION OF THE BOC : The approval of a renewal contract with the prime vendor in an amount not to exceed $98,000 . EFFECT OF THE BOC'S ACTION : Will provide for the renewal of a contract with Hatmaker Fence Company for fiscal 2004, pending approval of the 2004 budget.
21 . DEPARTMENT: Public Works SERVICE/COMMODITY : Paving Repair Services BID #: 20031029YC TOTAL AMOUNT OF PURCHASE : $330,000 PRIME CONTRACTOR(S) : Flint Construction Co. (Lawrenceville, GA) $165,000 and HEH Paving, Inc. (Smyrna, GA) - $165,000. REQUESTED ACTION OF THE BOC: The approval of a renewal contract with the prime vendors in an amount not to exceed $330,000. EFFECT OF THE BOC'S ACTION: Will provide for the renewal of a contract with Flint Construction Co. and HEH Paving, Inc . for fiscal 2004, pending approval of2004 budget.
22. DEPARTMENT: Sheriff SERVICE/COMMODITY : Mental Health Services BID #: Ol RFP002B TOTAL AMOUNT OF PURCHASE : $4,344,843 .79

RECESS MEETING, SEPTEMBER 17, 2003

213

Case 1:04-cv-01416-TWT Document 27 Filed 07/08/04 Page 53 of 80

PRIME CONTRACTOR: Correctional Medical Associates (Atlanta, GA) REQUESTED ACTION OF THE BOC : Approval of the renewal contract with Correctional Medical Associates to provide mental health services in the amount of $4,344,843 .79 . EFFECT OF THE BOC'S ACTION : Award of a renewal contract to Correctional Medical Associates [o provide mental health services for the period of January I, 2004, through December 31, 2004, in the amount of $4,344,843 .79 .
23. DEPARTMENT : Sheriff SERVICE/COMMODITY : Jail Food Services BID # : 02RFPOOIB TOTAL AMOUNT OF PURCHASE : $4,54!,925 PRIME CONTRACTOR : Aramark Correctional Services (Oak Brook, IL) REQUESTED ACTION OF THE BOC : Approval of renewal contract with Aramark Correctional Services to provide jail food services in the amount of $4,541,925 . EFFECT OF THE BOC'S ACTION : Award of a renewal contract with Aramark Correctional Services to provide jail food services for the period of January 1, 2004, through December 31, 2004, in the amount of $4,541,925 .
Mark Massey, County Clerk - "Page 13 . 03-1167 . Request approval to Renew Existing Contracts . That's numbers 1, 3, -- numbers 1 and 3 through 23. Only number 2 has been removed ."
Vice Chairman Edwards- "Two has been removed?"
Mark Massey- "Yes."
Commissioner Darnel) - "Mr. Chairman."
Commissioner Lowe- "Second ."
Vice Chairman Edwards - "Okay. Commissioner Darnels ."
Commissioner Darnel! - "1 have a couple of questions pertaining to items in this particular section . With respect to number 8, Software Maintenance and Support Agreement, when does this agreement expire? Is this the last year of the renewal? Is someone here from the department? This is IT."
Mr. Noble - "information Technology, Robert."
Robert Taylor, IT, Director - "It expires at the end of this year, Commissioner."
Commissioner Darnel! - "It expires --."

RECESS MEETING, SEPTEMBER 17, 2003

214

Case 1:04-cv-01416-TWT Document 27 Filed 07/08/04 Page 54 of 80

Mr. Taylor- "Yes . This is a renewal --."
Commissioner Darnell - "Is this the last? Is this a two three-year? How many renewals do we have on this?"
Mr. Taylor- "We have one more ."
Commissioner Darnel) - "We have one more ."
Mr. Taylor- "Yes, Commissioner ."
Commissioner Darnel) - "All right. One more after this one ."
Mr. Taylor - "End of this -- 1 said the end of this year, it will be the end of 2004."
Commissioner Darnel) - "End of 2004 ."
Mr. Taylor - "Yes, Commissioner."
Commissioner Darnel) - "Okay. All right. Thank you . With respect to -- I think that one has been removed --."
Mr. Noble - "What one?"
Commissioner Darnel) - "With respect to number 11 . Do we have any minority or female vendors or subcontractors related to this project?"
Mr. Noble - "No, Commissioner."
Commissioner Darnel) - "All right. This is from the library?"
Mr. Noble - "That's correct ."
Commissioner Darnel)- "The maintenance and support agreement of the CARL Software System . Do we have anybody here from the library? I want somebody who can talk about the contract. I really have the same question . Is this the last year for this?"
Edward Robinson, Library - "Yes, ma'am . It is --."
Commissioner Darnel) - "This is the last renewal?"
Mr. Robinson - "Yes, ma'am. We are anticipating starting up with the SIRSI System in April of 2004."
Commissioner Darnel) - "That's what 1 was thinking . Yes . This is the last year for this one ."

RECESS MEETING, SEPTEMBER 17, 2003

215

Case 1:04-cv-01416-TWT Document 27 Filed 07/08/04 Page 55 of 80

Mr. Robinson - "Yes. Yes."
Commissioner Darnel! - "And this is maintenance only. No procurement of any hardware or anything."
Mr. Robinson - "Yes, ma'am . You're correct ."
Commissioner Darnell - "All right. Let me ask you while you all are here . Library has one of the worst records of all of the County departments in the area of having an effective minority and female recruitment and outreach program . I think that we probably mentioned this before . What kinds ofsteps are being taken to deal with this situation? After we leave Grady Hospital and the Sheriffs Department, the library receives the third highest amount of County funding. And it's becoming a little uncomfortable for us to have to explain how over and over and over again the library comes in with zero participation without any opportunities for any participation by African American, Latino, Asian American, and other minority-owned groups in Fulton County, as well as female-owned groups. And because of the service areas that we have, I think we're one of the few departments, the library, that's really substantially located in every district in this County. And if anybody ought to know a community, it ought to be the Atlanta Fulton County Library."
Mr. Robinson - "Right."
Commissioner Darnel) - "So 1 think perhaps since our citizens here, month after month after month, they may be interested in knowing what are some of the kinds of things that the staff is working on that are designed to deal with this situation . Because obviously it can't continue. We can't continue."
Mr. Robinson - "Right . Currently, we're working with the Auburn Avenue Research Library . And that's an excellent opportunity . We're looking at buying a special collection from MFBE business and we're in the process with those collections right now . And we're coming down the home stretch and we'll be getting in contact with Purchasing and especially Contract Compliance. Because several of the vendors that we use and they're out of state and some are even out of the country, however, they're still considered MFBE businesses . And we want to make sure that they get registered with Contract Compliance so that it will reflect on our report."
Commissioner Darnel)- "It sounds like a good start. You do understand, though, it's. . . . ..
Mr. Robinson - "Yes, ma'am ."
Commissioner Darnel) - ". . .got to be the bottom line?"
Mr. Robinson - "Yes, ma'am ."

RECESS MEETING, SEPTEMBER 17, 2003

216

Case 1:04-cv-01416-TWT Document 27 Filed 07/08/04 Page 56 of 80

Commissioner Darnell - "Yes. You know, we don't believe in that old time contract compliance where you have tea and cookies and hand out brochures ."
Mr. Robinson - "Yes, ma'am ."
Commissioner Darnell - "And get your pictures taken . The bottom line up here now is the dollars that are going . And we want minority and female contractors to have an opportunity to compete . We don't guarantee ."
Mr. Robinson - "Right ."
Commissioner Darnell - "We don't guarantee . But we want them to have an opportunity to compete ."
Mr. Robinson - "Right."
Commissioner Darnell - "And our experience has been that where they have an opportunity to compete, they are selected . Because in all of my years in dealing with this, t don't know about you, Mr. Pitts, but I've never had a minority owner or female-owned company to come to me and say, could you fix it where I could get something extra?"
Mr. Robinson - "Right. Right."
Commissioner Darnel) - "In all these years, I've never heard of it . I've heard it from some other folks, though ."
Mr. Robinson - "Right ."
Commissioner Darnel) - "But in any case, I've never heard that from minority-owned and female-owned companies . Theyjust want a chance and it looks like you're moving in that direction and I think it's going to lead to some real changes here on the bottom line ."
Mr. Robinson - "Yes, ma'am."
Commissioner Darnel) - "And I wanted to mention that here putting on my hat now as representing the largest district in Fulton County . People in my district, all of them from Buckhead back to Bankhead .. . ."
Mr. Robinson - "Right ."
Commissioner Darnel) - " . . .they want us to spend their money fairly."
Mr. Robinson - "Right ."
Commissioner Darnel) - "And it looks kind of bad when you're putting $30 million in a department and they come in month after month after month with zero. 1 think it's just going

RECESS MEETING, SEPTEMBER l7, 2003

217

Case 1:04-cv-01416-TWT Document 27 Filed 07/08/04 Page 57 of 80

to take some creativity . I know it's not intentional . But you have to get out and work for this stuff."
Mr. Robinson - "Uh-huh (affirmative) ."
Commissioner Daroell - "You know. One of our departments that does an excellent job on this is the Sheriff's Department . And that's because the department management they take positive steps to find out who are the people, you know, who have what we are buying, you know. I don't make these comments too often because I think it's a matter of personnel performance, really . That's why I don't say much about it. Because it's a matter of performance . Either you're doing your job or you're not doing it . But 1 think that if 1 can lend any encouragement to what you're doing, I wanted to do so today . Thank you, Mr. Chairman ."
Vice Chairman Edwards - "Okay . Any further discussion?"
Commissioner Pitts - "Yes."
Vice Chairman Edwards - "Commissioner Pitts."
Commissioner Pitts - "Mr . Chairman, members of the Board, there's several of these that deal with software maintenance and support and maintenance . And some of those are listed as Sole Source . And I'm not a technical person but can somebody kind of address that issue of maintaining software and supporting software where there's only -- Sole Source to me it means there's only one firm that can do it."
Mr. Taylor- "Commissioner, most of-- much of this software that we're talking about is proprietary and the companies themself are they limit individuals who can provide the support . And it's much of it is for actually for the technical upgrades of the application on an ongoing basis."
Commissioner Pitts - "All right . Page 13. Item number -- Well, the first one actually under this section, 1167, that Motorola Contract."
Mr. Noble- "Commissioner, that particular contract has MFBE participation at the sub level to the level ofat least 65 percent ."
Commissioner Pitls - "Right . But that wasn't my question on that particular one . There I'm interested in whether or not this particular system is able to communicate with similar systems by other entities within Fulton County ."
Rocky Moore, Emergency Services, Director- "Yes, Sir . We can communicate with the City of Atlanta, Cobb County, Douglasville, DeKalb County . We're actually in a process now where we are programming radios to do that very thing."

RECESS MEETING, SEPTEMBER 17, 2003

218

Case 1:04-cv-01416-TWT Document 27 Filed 07/08/04 Page 58 of 80

Commissioner Pitts - "Okay . And on page 20, item No . -- That's included in the motion ; right? These are I through 23? Item number 19, on page 20. This one has zero minority/female business participation, not a lot of money, $298 thousand . But the service or commodity is Chemical Root Control . Now, what this -- if I'm reading this correctly -simply providing sewer root control services . And the firm is from Syracuse, New York ."
Mr. Noble - "That's correct, Commissioner ."
Commissioner Pitts - "What does sewer root control mean? I'm just curious . I don't know ."
Tim Equels, Public Works - "It's a specialized chemical that you apply in collection system . And it dissolves the roots and it keeps the system clean so that we don't have sewer backups ."
Commissioner Pitts - "Were there any other firms that bid on this one, anybody local?"
Mr. Equels - "There wasn't any local . We sent out 32 bids and we only received two because of the special chemical requirements and this is the one that. . .."
Commissioner Pitts - "This a special --."
Mr. Equels - ". ..was collected ."
Commissioner Pitts - "This is a special chemical for roots?"
Mr. Equels - "Right . One of the firms is in Charlotte, North Carolina, and one of them was from Syracuse, New York."
Commissioner Pitts - "Okay ."
Vice Chairman Edwards- "Okay. Any further discussion?"
Commissioner Darnel) - "Just --."
Commissioner Fulton - "Yes -- I'm sorry ."
Vice Chairman Edwards - "Go ahead, Commissioner Fulton ."
Commissioner Fulton - "Mr. Chairman, I have a question on one of these, if I may. It changed the numbering scheme but it's number 22, which is Mental Health Services for the Sheriff's Department."
Vice Chairman Edwards - "Okay. Go ahead."
Commissioner Fulton - "The reason 1 raise the question is, that this project came up a year ago and I have a copy of the motion that was made at that time. There was a motion to renew

RECESS MEETING, SEPTEMBER 17, 2003

219

Case 1:04-cv-01416-TWT Document 27 Filed 07/08/04 Page 59 of 80

this contract for one year and to rebid a new contract for the following year with a friendly amendment by the Chairman that 90 days prior to the end of the contract it be placed on the Agenda for reconsideration . This is the Post Agenda minutes ofJanuary the 8th . What happened then was this item came before us and we were asked to extend it. And the Board approved the concept of continuing it for one more year but it would be rebid . What the Sheriff has done is put it forward today without rebidding for another extension of the contract . Now, I don't know. Don't people understand what the motions by the Commission mean? I have no problem with any of the other items, but I can't support this item, whatever it's called . I think on our list it -- Well, they changed the numbering but it is, I think it's item 22, which was on the bottom of page 20. Unless somebody can convince me that there's a reason to continue it, we had directed them to rebid the product . And nobody's done that. So it's again there and as a matter of fact, it was discussed at some length the last time it came up . And we agreed to go ahead with it since it was time-critical . We're now eight months, let's see, not eight months, but four months before the end of the year. There's no real reason this couldn't be rebid, it seems to me."
Vice Chairman Edwards - "Mr. Andrews can you shed some light on that?"
Mr. Andrews- "Commissioner, I checked this as well, and I don't want to criticize the Post Agenda Minutes as being incorrect, but my recollection of the conversation is this: One, this was not a renewal last year; it was a new bid . It vas a newly bid mental health contract . Two, the discussion that day revolved around whether or not and under what circumstances we should rebid the somatic care, the medical care, the medical contract, not the mental health contract . I don't know what happened to the minutes, whether they're right or wrong or indifferent . But that's what I recall . But the factual matter is that this was not a renewal last year. It was, in fact, a new reward because it had gone on the street and this would be the first renewal. So under those circumstances 1 thought it would be appropriate and 1 agree with the Sheriff, bring it forward to you again as a first renewal on this particular contract . There were only two respondents to the RFP last year and this was clearly the superior one in terms of product and cost."
Commissioner Fullon - "Now, Mr. Chairman, 1 just read from the minutes and I particularly remember the event . It was a renewal at that time, and 1 understand that the County Manager his memory may not be the same as mine, but 1 remember that it was a renewal and it was for one year. And part of why 1 remember is was I made the motion . This is related ; the title is Mental Health."
Mr. Noble - "Page 20."
Commissioner Fulton - "I'm reading from the minutes of January the 8th, 2003, Mental Health, $4 million 185 thousand 784, Correctional Medical Associates, Atlanta . And it was a request for approval of a contract renewal for mental health services in the indicated amount . And that is where that was at that time . And we approved it but the motion was to approve it but request that it be rebid . 1 haven't seen any discussion orjustification for why it should not be rebid . And frankly, if it was not going to be rebid, then this Board should have had a

RECESS MEETING, SEPTEMBER 17, 2003

220

Case 1:04-cv-01416-TWT Document 27 Filed 07/08/04 Page 60 of 80
discussion on it and perhaps justified it. But I don't understand why we got to this point and the directions of the Board were not followed ."
Vice Chairman Edwards - "Well --.
Commissioner Fulton - "And by the way the vote on that was six to one. Six votes for and one in opposition . And I think five of the people who are in the room voted for the motion . So what my point is, why don't they follow the directions we gave, which was go out and rebid it and see what happens? It may be that the same bidder comes back . That would be fine."
Vice Chairman Edwards - "Is this a time-sensitive thing?"
Unknown Male Speaker- "No, sir . We could --."
Commissioner Pitts - "Mr. Chairman."
Vice Chairman Edwards- "Yes. Okay. So I think where there's a discrepancy, [ think the minutes might prevail on this . Go ahead, Commissioner ."
Commissioner Pitts - "What was the date on that? Because I remember --."
Mark Massey - "January 8th ."
Commissioner Fulton - "January the 8th ."
Commissioner Pitts - "Yes . I remember that one also and Commissioner Fulton is correct . There was no discussion, no argument, debate about the qualifications ofthe firm . It was a process that was involved . And the agreement was that it would be rebid . And you're correct ."
Commissioner Fulton - "That's correct . And that's my only concern with it. We need to rebid it as was indicated and if it turns out that there's only one bidder or whatever happens then so be it. At least the opportunity's there for other contractors to compete for it. Mr. Chairman, if I would ask the maker of the motion to delete this item from the motion, 1 would appreciate it and --."
Vice Chairman Edwards - "Is that your motion?"
Mark Massey- "Commissioner Boxill, with a second with Commissioner Lowe ."
Vice Chairman Edwards - "Oh . They did mean to pull that out?"
Commissioner Fulton - "Could we just extract that one? We can vote on the other --."

RECESS MEETING, SEPTEMBER 17, 2003

221

Case 1:04-cv-01416-TWT Document 27 Filed 07/08/04 Page 61 of 80

Vice Chairman Edwards - "Well, let me make sure I'm clear . You're saying that we made a motion to --." Mark Massey - "To approve . .. ." Commissioner Lowe - "Approve all of them." Mark Massey - ".. .all the items under 1 167." Vice Chairman Edwards - "Okay. Is it proper to withdraw that one?" Commissioner Fultan - "Or just --." Vice Chairman Edwards - "That one?" Commissioner Pitts - "They have to amend their motion to delete --." Vice Chairman Edwards- "Yes. If--." Commissioner Fulton - "If the maker will agree to ...." Vice Chairman Edwards - "Amend her motion ." Commissioner Fulton - ".. .to delete that item." Vice Chairman Edwards - "Okay." Commissioner Fulton - "That motion hadn't carried, yet . Yes ." Commissioner Boxill -'9'v like to speak." Vice Chairman Edwards - "Had the motion carried? No." Commissioner Boxill - "No -- ." Vice Chairman Edwards - "Okay. Let me let Commissioner Boxill speak ." Commissioner Boxill - "I don't want to test my memory of that meeting but I think 1 could get some help. And my question is for the Purchasing folks and then also for the Sheriff; if there is someone here from the Sheriffs Department ." Mr. Noble - "There is." Commissioner Boxill - "Okay. Is from the Purchasing perspective, is what you prepared a renewal of a contract, and if so, in what year are we of this contract?"

RECESS MEETING, SEPTEMBER 17, 2003

222

Case 1:04-cv-01416-TWT Document 27 Filed 07/08/04 Page 62 of 80

Mr. Noble - "Commissioner, this procurement was made under an RFP in 2001 . It was brought to the Board as reported by Com --."
Commissioner Lowe- "What month was 2001?"
Mr. Noble - "I don't have that, Commissioner Lowe. But it was brought to the Board at its January 8th, 2003 meeting ."
Commissioner Boxill - "I'm sorry . It -- ."
Mr. Noble - "2003 . I'm sorry . It's been renewed at least once so this is the second . January 8th, 2003, was the second renewal ."
Commissioner Boxill - "All right."
Commissioner Lowe- "No. No."
Vice Chairman Edwards - "excuse me, Commissioner. Commissioner Boxill has the floor ."
Commissioner Boxill - "So 1 want to take a minute --."
Mr. Noble- "January 8th, 2003 --."
Commissioner Boxill - "The first time you brought it to the Board for the commencing of the contract was when?"
Mr. Noble- "Without the official document before me, Commissioner, I'm thinking it was in 2001 . And it was brought to this Board . . . ."
Commissioner Boxill - "For a twelve-month period of time?"
Mr. Noble - ". . .for a twelve-month period of time."
Commissioner Boxill - "So then it came back to the Board --."
Mr. Noble - "And then it came back to you in 2002 for the first renewal and it repeated itself in January of2003, where I recall there was much discussion --."
Commissioner Boxill - "Okay . But hold on just right there . 1 just wanted to get us into -- In the original contract, was it a five-year contract with yearly renewals or a 20-year contract or a one-year contract, because we often have contracts for more than one year?"
Mr. Noble - "Just a minute ."

RECESS MEETING, SEPTEMBER 17, 2003

223

Case 1:04-cv-01416-TWT Document 27 Filed 07/08/04 Page 63 of 80

Case 1:04-cv-01416-TWT Document 27 Filed 07/08/04 Page 64 of 80

Commissioner Boxill - "Sure. Does someone from the Sheriffs Department want to address these same questions? Do you have a different recollection?"
Captain Antonio Johnson - "Yes, ma'am . It was one year, two-year renewals."
Commissioner Boxil! - "So, and you think that you brought us -- Do you agree with Mr. Noble's dates that you brought it to us in 2001?"
Captain Johnson, Sheriff's Department - "This will be the second renewal. Yes, ma'am ."
Commissioner Boxill - "So my understanding of the contract then, is that it was essentially a three-year contract. . .."
Captain .Johnson - "Yes, ma'am."
Commissioner Boxill - ".. .that would get rebid sometime during year three . So the first year ofthe contract was n 1 to 02 ."
Captain Johnson - "Yes, ma'am ."
Commissioner Boxill - "The second year of the contract is 02 to 03 . And the last and final year of the service is what you're asking for approval for now . So the time to rebid is very shortly .. . ."
Captain Johnson - "That's right ."
Commissioner Bosill - ". . .within 90 days of today. But we were contracting for a block of service, more than a 12-month period of service . With the difficulty that we had with the mental health services and the requirements that were placed on us by the courts and the criticisms that were made of our mental health services, we were reluctant to try to get a contractor in there for 12 months knowing that it's going to he rebid 90 days after they're on the spot doesn't guarantee a quality of service given that ramp up and the continuity they were looking for in this field . So it was, I think, Mr . Fulton, the intention of the Board for this to be rebid at the conclusion or during the renewal period . So now we have three different memories of it. But what we do have for sure that's not a memory but that's actual is the date of the first contract as it was presented one year, three-year renewals. Now we're in the third year. We need to go out for hid ."
Vice Chairman Edwards - "Okay. Coin --
Commissioner Fulton - "If we could just --."
Vice Chairman Edwards - "Commissioner, Commissioner Pitts and then I'll get Commissioner Fulton ."
Commissioner Fulton - "Let me just clarify --."

RECESS MEETING, SEPTEMBER 17, 2003

224

Case 1:04-cv-01416-TWT Document 27 Filed 07/08/04 Page 65 of 80

Vice Chairman Edwards- "Yes."
Commissioner Fulton - "And it's very clear, Commissioner Pitts' memory is correct and so I'm not prepared to support this particular action at this time." Vice Chairman Edwards - "Commissioner Boxill, would you amend your motion to withdraw this particular entity so we can vote on it separately?"
Commissioner Boxill - "I'm willing to amend the motion to approve all items except number -- Is it number 22?"
Vice Chairman Edwards - "Right ."
Commissioner Boxill - "And then I'd like to be recognized to move the approval of item 22."
Vice Chairman Edwards - "1 will second that motion . Any discussion?" Commissioner Darnell - "Mr. Chairman ." Vice Chairman Edwards - "Yes." Commissioner Darnell - "1'd like to make a substitute motion that we approve the categories and pull the following item out for a separate vote. And that would be item number -- well, number eight. Is that what it is?" Vice Chairman Edwards - "Number eight ." Commissioner Darnell - "Is that the one?"
Commissioner Fulton - "No. The one I was . ..."
Vice Chairman Edwards- "22 ."
Commissioner Darnell - "The one we're discussing?"
Commissioner Fulton - ". . .looking at is number . . . ." Vice Chairman Edwards - "22 ." Commissioner Fulton - " . . .22 ." Commissioner Darnell - "Okay."
Vice Chairman Edwards - "I think that's what she was saying ."

RECESS MEETING, SEPTEMBER l7, 2003

226

Case 1:04-cv-01416-TWT Document 27 Filed 07/08/04 Page 66 of 80

Commissioner Fulton - "That's the same motion . Yes ." Commissioner Darnell - "Oh . I'm sorry." Vice Chairman Edwards - "Okay ." Commissioner Darnell - "I just wanted to make sure that we could vote on number 22 .. . ." Vice Chairman Edwards- "Yes." Commissioner Darnel) - " . . .separately ." Vice Chairman Edwards - "That's what she just did ." Commissioner Darnel) - "Oh . Okay. Are there other items that we're going to be voting on separately?" Vice Chairman Edwards - "No . No." Commissioner Darnel) - "Are there any others?" Vice Chairman Edwards - "No . There are no others." Commissioner Darnel) - "Okay. In that case I have -- Is there a second?" Vice Chairman Edwards - "There's no second --." Commissioner Darnel) - "Oh, she's already made that motion ." Vice Chairman Edwards - "I have seconded it." Commissioner Darnel) - "I withdraw mine. I withdraw mine." Vice Chairman Edwards - "Okay. She withdraws her motion ." Commissioner Darnel) - "Okay. I have a question, Mr . Chairman ." Vice Chairman Edwards - "Let me -- ." Commissioner Pitts - "Mr . Lowe, who seconded it, Ms. Boxill's motion ... ." Vice Chairman Edwards- "Yes." Commissioner Pitts - " . . .has not agreed to withdraw his second ."

RECESS MEETING, SEPTEMBER 17, 2003

227

Case 1:04-cv-01416-TWT Document 27 Filed 07/08/04 Page 67 of 80

Vice Chairman Edwards- "Okay. I'm sorry, Mr. Lowe . Would you withdraw your second?"
Commissioner Lowe- "I will ."
Vice Chairman Edwards- "Thank you, sir . When you're 75, you do everything ."
Commissioner Darnell - "Mr . Chairman."
Vice Chairman Edwards - "Yes, go ahead, Commissioner ."
Commissioner Darnell - "I'd like to ask the representative from the Sheriffs Department, would you like to respond to why this contract was nut rebid?"
Captain Johnson - "Upon renewing -- ."
Commissioner Darnel) - "What vas your understanding?"
Captain Johnson - "Upon renewing, looking at the contract and looking at the expiration date of the contract, I know we have to bring in contracts at least 90 days prior to renewal . I was unknowledgeable of what happened last year, so therefore I wanted to bring it before the Board 90 days so we could can be in -- conform to you all directives to make sure that we bring the contracts in for renewal ."
Commissioner Darnel) - "Was it your understanding that the Board had requested this contract be rebid?"
Captain Johnson-"No, ma'am ."
Commissioner Darnel) - "All right . Thank you . Thank you, Mr. Chairman ."
Vice Chairman Edwards - "All right . Any further discussion? Vote on the motion to withdraw number 22, the mental health services from the Purchase --."
Commissioner Boxill - "Motion to approve all except 22."
Vice Chairman Edwards - "All except 22."
Mark Massey - "And number 2, actually, which was removed earlier but ."
Commissioner Boxill - "Right . Because it's already -- ."
Commissioner Darnel) - "1 knew there was another one . Thank you, Mr. Clerk."
Vice Chairman Edwards - "Okay. All right."

RECESS MEETING, SEPTEMBER 17, 2003

228

Case 1:04-cv-01416-TWT Document 27 Filed 07/08/04 Page 68 of 80

Commissioner Darnell - "So it's 2 and 22 ."
Vice Chairman Edwards - "2 and 22 . Any further discussion? Cast your votes on the motion, please ."
Commissioner Boxill - "And then, Mr. Chair, if I could be recognized ."
Vice Chairman Edwards- "Okay. That passes . Commissioner Boxill ."
Commissioner Boxill - "I make a motion to approve item 22."
Vice Chairman Edwards - "Second . Any discussion?"
Commissioner Fulton- "Mr. Chairman, ive had requested this be rebid and my position is still the same."
Commissioner Darnel) - "Mr. Chairman."
Vice Chairman Edwards - "Yes, Commissioner Darnel) ."
Commissioner Darnel) - "I think that we should follow directions on this. Looking at the minutes it's very clear on a six to one vote, that we asked to have this contract rebid. I would emphasize, however, that I'm voting for the motion in order to support the process and to encourage respect for formal action by this Board ."
Vice Chairman Edwards - "And -- And basic --."
Commissioner Darnel) - "Excuse me."
Vice Chairman Edwards - "Go ahead."
Commissioner Darnel) - "Has nothing to do with my opinion of the recommended vendor . If this contract is rebid and this vendor is recommended, I'm prepared to support this vendor . But 1 think that the time has come when we must ask all departments to respect the formal action ofthis Board ."
Vice Chairman Edwards - "I'm going to withdraw my second . And I think you're absolutely correct that the Board makes a policy that we should -- must stand by that policy. And it is clear by the minutes that the Board did make a policy on this issue . So I'm going to withdraw my second ."
Commissioner Darnel) - "Previous question ."
Vice Chairman Edwards - "Is there a second? That fails for lack of a second . All right."
Commissioner Pitts - "So where are we?"

RECESS MEETING, SEPTEMBER 17, 2003

229

Case 1:04-cv-01416-TWT Document 27 Filed 07/08/04 Page 69 of 80

Commissioner Boxill - "We have no contract as --."
Vice Chairman Edwards - "I think there needs some to be some direction as to where we go from here on it."
Commissioner Boxill - "As I under --."
Vice Chairman Edwards - "But I think the minutes speak clearly on what we have to do. Am 1 correct?"
Mr. Noble- "You have a contract, Mr. Chairman, through December 31st." Commissioner Boxill - "Right ."
Commissioner Fulton - "That's right." Commissioner Darnell - "Mr . Chairman, I have a motion ." Vice Chairman Edwards - "Okay. Commissioner Damell."
Commissioner Darnell - "I move to approve all of the items in the section under renewal, removing 8 and 2." Vice Chairman Edwards - "We just did that. We don't have a contract." Commissioner Lowe- "It's been approved ."
Vice Chairman Edwards - "It's been approved . Right now the issue --."
Commissioner Darnel) - "I have to be specific the Agenda includes an 8 and a 2 ." Vice Chairman Edwards - "O -- ." Commissioner Darnel) - "I'm moving that we approve each and every item except 8 and 2. Not talking about removing, not talking about discussion. I'm saying we approve all items except 8 and 2." Mr. Noble - "Do you mean 22, Commissioner?" Commissioner Darnel) - "I mean . . .." Vice Chairman Edwards- "22 ."
Commissioner Darnel) - ". . .22 ."

RECESS MEETING, SEPTEMBER 17, 2003

230

Case 1:04-cv-01416-TWT Document 27 Filed 07/08/04 Page 70 of 80

Vice Chairman Edwards - "Mr . Clerk, was that not what we said?" Commissioner Lowe - "That's exactly what we voted on --." Mr. Noble - "You just voted on that." Mark Massey - "That's already been approved ." Vice Chairman Edwards - "Okay. All right. Good." Commissioner Darnell - "Put 22."
Vice Chairman Edwards - "Yes, 22. That's on the record ." Commissioner Darnel) - "But we didn't have a motion to approve the others." Commissioner Lowe- "Yes ." Vice Chairman Edwards - "Yes, we did ."
Commissioner Lowe - "It's already passed ." Commissioner Darnel) - "Well, you all are so brilliant . I wish you knew what I thought about your brilliance . Mr. Chairman, what do we need to do?" Vice Chairman Edwards - "Mr. Clerk, will you tell us what did we vote on, what was the motion?"
Mark Massey - "Commissioner Boxill made a motion and Commissioner Edwards seconded it, approval of all of the items under item No. 03-1167 . Request approval to renew existing contracts excluding numbers 2 and 22." Vice Chairman Edwards - "Yes. Okay. That did it. Okay."
Commissioner Darnel) - "All right . Thank you ."
Vice Chairman Edwards - "Now, we had an issue about -- And you're saying right now that we don't have a contract until the end of the --." Mr. Noble - "We have a contract until. ..." Vice Chairman Edwards- "We have a contract . Okay . I'm cool." Mr. Noble- " ...until December 31st." Vice Chairman Edwards - "All right . 1 got you ."

RECESS MEETING, SEPTEMBER 17, 2003

231

Case 1:04-cv-01416-TWT Document 27 Filed 07/08/04 Page 71 of 80

Commissioner Darnell - "Mr . Chairman, would it be a good idea for the department to begin the bidding process immediately?"
Vice Chairman Edwards- "Well, absolutely.
Commissioner Darnell - "Thank you ."

Vice Chairman Edwards - "Absolutely . I think so . Okay. Next case."

A . A motion was made by Commissioner Boxill and seconded by Commissioner Lowe to approve with the exclusion of number 2. ( motion and second withdrawn)
B. A motion was made by Commissioner Boxill and seconded by Vice Chairman Edwards to approve with the exclusion of numbers 2 and 22. The motion carried by a vote of 5-1-0 . Commissioner Pitts voted no.

C. A motion was made by Commissioner Boxill and seconded by Vice Chairman Edwards to approve number 22. Vice Chairman withdrew his second ; therefore, the motion failed due to the lack of a second .

CLERK'S NOTE : DOCUMENTS ON FILE IN THE CLERK'S OFFICE.

03-1168

COUNTY MANAGER-NEW BUSINESS-PURCHASINGREQUEST APPROVAL OF SOLE SOURCE . (APPROVED)

1 . DEPARTMENT: Information Technology SERVICE/COMMODITY : Superior Court Civil Case Management Software BID # : Sole Source TOTAL AMOUNT OF PURCHASE : $58,000 PRIME CONTRACTOR : The Software Group (Piano, TX) REQUESTED ACTION OF TIDE BOC: Approval of a sole source contract with The Software Group (TSG) to provide support and maintenance for the civil case management software, TSG imaging software and court administration software for Superior Court from January 1, 2004, through December 31, 2004, in the total amount of $58,000 . EFFECT OF THE BOC'S ACTION : Award of a sole source contract with The Software Group (TSG) to provide support and maintenance for the civil case management software, TSG imaging software and court administration software for Superior Court from January l, 2004, through December 31, 2004, in the total amount of $58,000 .

A motion was made by Commissioner Lowe and seconded by Commissioner Fulton to approve . The motion carried by a vote of 4-1-0. Commissioner Pitts voted no and Commissioner Darnell did not vote.

RECESS MEETING, SEPTEMBER 17, 2003

232

Case 1:04-cv-01416-TWT Document 27 Filed 07/08/04 Page 72 of 80
EXHIBIT / ATTACHMENT
(To be scanned in place of tab)

Case 1:04-cv-01416-TWT Document 27 Filed 07/08/04 Page 73 of 80
BOARD OF COMMISSIONERS OF FULTON COUN i .
L .. No!',' JJ
FUIIAN COBN11'
STATE OF GEORGIA COUNTY OF FULTON
CERTIFICATION
I, Lois E . Shell, the undersigned Chief Deputy Clerk to the Commission of Fulton County, do hereby certify and declare that the attached is a true and correct copy of the Minutes, approved by the Board of Commissioners under Item #04-0499, at its Recess Meeting on April 21, 2004 as contained in its duly ratified minutes . This 8th day ofJuly, 2004 .
kaL l i1 ~Cei Z .
'Lois E. Shell, Chief Deputy Clerk to the Commission Fulton County Board of Commissioners
[FULTON COUNTY SEAL]
COUNTY GOVERNMENT CENTER " SUITE 10044 " 141 PRVOR ST ., S. W. " ATLANTA. GEORGIA 30303 " PHONE 40a-730-8200 " FAX 730-8259

i

Case 1:04-cv-01416-TWT Document 27 Filed 07/08/04 Page 74 of 80

Commission Chair Handel - "Okay. All right. Did we get a second on that motion?"
Mark Massey - "Yes ."
Commission Chair Handel - "Okay . Any other? Please vote . Okay. That passes . Next item, please ."
A motion was made by Commissioner Lowe and seconded by Commission Chair Ilandel to approve numbers 1-10 with Commissioner Pitts voting no on number 2 . The motion carried by a unanimous vote of 6-0-0. Commission Chair Handel, Vice Chair Boxill, and Commissioners Pitts, Lowe, Darnell, and Edwards voted yes.

04-0499

COUNTY MANAGER - NEW BUSINESS - PURCHASING REQUEST APPROVAL OF RECOMMENDED PROPOSALS .(APPROVED)
1. DEPARTMENT : Information Technology SERVICE/COMl~10DITY: Hardware Maintenance RIP #: 04RFP0004B TOTAL AMOUNT OF PURCHASE : $213,757 .04 PRIME CONTRACTOR : IBM (Atlanta, GA) REQUESTED ACTION OF THE BOC: Approval of award for hardware maintenance to IBM in an amount not to exceed $213,757 .04 for a period of twelve (12) months. EFFECT OF BOC'S ACTION : Approval of contract for Hardware Maintenance to IBM for a period of twelve (t2) months, with an option to renew for three (3) additional twelve-month periods, pending Board approval and availability of funding .
2. Item removed prior to printing agenda .
3. DEPARTMENT : Sheriff SERVICE/COMMODITY : Operations and Maintenance Services RFP #: 04RFP003YB TOTAL AMOUNT OF PURCHASE : $1,459,361 PRIME CONTRACTOR: Aramark Facility Services (Atlanta, GA) REQUESTED ACTION OF THE BOC : Approval of award to Aramark Facility Services to provide operations and jail maintenance services for the Fulton County jail, in an amount not to exceed $1,459,361 . EFFECT OF BOC'S ACTION : Award of contract to Aramark Facility Services to provide operations and jail maintenance services for the Fulton County jail in an amount not to exceed $1,459,361 for the period May 1, 2004, to April 30, 2005, to include two (2) additional one (1) year option renewals.

Recess Meeting, April 21, 2004

98

I

I

Case 1:04-cv-01416-TWT Document 27 Filed 07/08/04 Page 75 of 80

4. DEPARTMENT : Public Works SERVICE/COMMODITY : Design Services for Bell Road at Rogers Circle RFP # : 03RFP300K TOTAL AMOUNT OF PURCHASE : $152,86131 PRIME CONTRACTOR : US Infrastructure, Inc (Atlanta, GA) REQUESTED ACTION OF THE BOC : Approval of a contract to provide design services for the Transportation Division for the Bell Road at Rogers Circle Road Intersection project for a period not to exceed 365 days. EFFECT OF BOC'S ACTION : Award of a contract in the amount of $152,86131 to US Infrastructure, Inc . for design services.
Mark Massey, County Clerk - "Page 16, 04-0499, request approval of recommended proposals, numbers 1, 3 and 4 ."
Commissioner Lowe- "Make a motion to approve l . Make a motion to approve 2 ."
Mr. Jerome Noble, Purchasing - "Not 2 --."
Commission Chair Handel - "2 has been taken out. 3?"
Mr . Noble - "Number 3 ."
Commissioner Lowe - "I make a motion to approve 3 ."
Commission Chair Handel - "And then there's a fourth one . Are you going to include that one?"
Commissioner Lowe - "Might as well . 4 also ."
Commission Chair Handel - "Okay ."
Vice Chair Boxill - "Second ."
Commission Chair Handel - "All Tight . Any discussion?"
Commissioner Pitts - "I'll be voting yes on 3 and 4 and no on l ."
Commission Chair Handel - "All right . That motion does carry. Thank you . Next item ."
A motion was made by Commissioner Lowe and seconded by Vice Chair Boxill to approve numbers 1, 2, and 4 with Commissioner Pitts voting no on number 1 . The motion carried by a unanimous vote of 6-0-0. Commission Chair Handel, Vice Chair Boxill, and Commissioners Pitts, Lowe, Darnell, and Edwards voted yes.

Recess Meeting, April 21, 2004

99
i

Case 1:04-cv-01416-TWT Document 27 Filed 07/08/04 Page 76 of 80
EXHIBIT / ATTACHMENT
F
(To be scanned in place of tab)

Case 1:04-cv-01416-TWT Document 27 Filed 07/08/04 Page 77 of 80
BOARD OF COMMISSIONERS OF FULTON COUN i .
. ..
L , .. ~~ JJ FORK cow
STATE OF GEORGIA COUNTY OF FULTON
CERTIFICATION
I, Lois E. Shell, the undersigned Chief Deputy Clerk to the Commission of Fulton County, do hereby certify and declare that the attached is a true and correct copy of the Minutes, approved by the Board of Commissioners under Item #03-0679, at its Regular Meeting on June 4, 2003 as contained in its duly ratified minutes . This 8th day of July, 2004 .
i~~ e ~Ajw
Lais E. Shell, Chief eputy Clerk to the Commission Fulton County Board of Commissioners
[FULTON COUNTY SEAL]
COUNTY GOVERNMENT CENTER . SURE 10044 " 141 PqVOR ST ., S. W. " ATLANTA, GEORGIA 30303 " PHONE 404-73PB200 " FAX 730-8254

Case 1:04-cv-01416-TWT Document 27 Filed 07/08/04 Page 78 of 80

03-0679

PURCHASING - SPREADING ON THE MINUTES :EMERGENCY PURCHASE ORDER (APPROVED)

1 . DEPARTMENT : Fire SERVICE/COMMODITY : Engine replacement PURCHASE ORDER : 03SC92090 TOTAL AMOUNT OF PURCHASE : $25,926 .55 PRIME CONTRACTOR : Williams Detroit Diesel (Atlanta, GA) REQUESTED ACTION OF THE BOC : Ratification of the County Manager's approval and spreading on the minutes of the emergency purchase order for engine replacement . EFFECT OF BOC'S ACTION : Ratification of the County Manager's action and approval of the $25,926 .55 procurement for engine replacement to Truck 11 .

2 . DEPARTMENT : Sheriff

SERVICE/COMMODITY : Jail Management Study

PURCHASE ORDER : 03SC56995

TOTAL AMOUNT OF PURCHASE : $149,803

PRIME CONTRACTOR : Community Safety Institute (DeSoto,

TX)

REQUESTED ACTION OF THE BOC : Ratification of the

County Manager's approval and spreading on the

minutes of the emergency purchase order to Community

Safety Institute

for a jail management study in

an amount not to exceed $149,803 . EFFECT OF BOC'S ACTION : Ratification of the County

Manager's action and approval of a jail management

study in the amount of $149,803 from date of award

through August 31, 2003 .

*3 . DEPARTMENT : Economic & Community Development SERVICE/COMMODITY : Animal Control Services TOTAL AMOUNT OF PURCHASE : $175,000 PRIME CONTRACTOR : Southern Hope Humane Society (Powder Springs, GA) REQUESTED ACTION OF THE BOC : Ratification of the County Manager's approval to extend an emergency interim contract with Southern Hope Humane Society for the period of June 1" - June 30th, 2003, in the amount of $175,000 . EFFECT OF BOC'S ACTION : Approval of a contract to provide animal control services in unincorporated Fulton County, as well as the cities of Atlanta, East

REGULAR MEETING, JUNE 4, 2003

19

Case 1:04-cv-01416-TWT Document 27 Filed 07/08/04 Page 79 of 80

Point, Hapeville, Palmetto, Union City, Fairburn, Mountain Park, Roswell, and Alpharetta . WORK : Animal Control Services to preclude a threat to public health, welfare and safety of the citizens of Fulton County .
*NUMBER 3 WAS MOVED TO THE REGULAR MEETING AGENDA FOR SEPARATE CONSIDERATION AS REQUESTED BY VICE CHAIRMAN EDWARDS .

Mark Massey, Clerk to the Commission - "Mr . Chairman, we're now moving to page 8 . An item removed from the Consent Agenda . 03-0679 . This is a purchasing item, Number 3, Economic and Community Development Animal Control Services as requested by Vice Chairman Edwards ."
Vice Chairman Edwards - "Yes . Go ahead, Emma ."
Commissioner Darnell - "Yes . I had a question on that just for information . We recognize this as an extension of the emergency contract and of course I support that extension because employees of the interim contract that need to be paid . I'd like to ask the Purchasing Director, though, to advise us as to the reasons for the need for the extension . The record indicates that the selection committee completed their review -- was that May 7th? -- and which you would think would probably be sufficient time for the Board to consider the recommendation even at our last meeting . But of course, that was not the case nor do we have the recommendation at this meeting . I think perhaps when we put that in consent, that doesn't give the public enough information about why the extension was necessary ."
Mr . Andrews - "Commissioner, may I answer?"
Commissioner Darnell - "Of course, whoever ."
Mr . Andrews - "Two -- ."
Commissioner Darnell - "Yes . Mr . Andrews ."
Mr . Andrews - "Two basic reasons for the extension . One, is we were waiting to hear from the City of Atlanta what their intentions are going to be with respect to being in or out of the animal control services that the County provides . I was told this morning that we would expect a letter from the City

REGULAR MEETING, JUNE 4, 2003

20

Case 1:04-cv-01416-TWT Document 27 Filed 07/08/04 Page 80 of 80

tomorrow indicating that they would like to be included in those services for the next 12 months . That's the first reason . The second reason is I personally wanted to read the responses to the RFP . I have done so and I had a question with respect to a need for clarification on one of the items of one of the proposals in concert with the purchasing agent . I met with the Evaluation Committee they agreed that a clarification, in fact, was required . We received the answer to that clarification I think on Monday of this week ."
Mr . Jerome Noble - "That's correct ."
Mr . Andrews - "And I have asked the purchasing agent to reconvene the evaluation committee and make the final recommendation before the end of this week ."
Commissioner Darnell - "When do you contemplate presenting a recommendation to the Board of Commissioners?"
Mr . Andrews - "June the 18th ."
Commissioner Darnell - "All right . Thank you . I thank you, Mr . Chairman . I move for ratification of the action for the extension of the contract ."
Vice Chairman Edwards - "Reappoint it?"
Commissioner Darnell - "Yes ."
Chairman Kenn - "Motion to approve ."
Vice Chairman Edwards - "Yes . To ratify . Sure ."
Commissioner Darnell - "To approve, ratify the extension of the contract ."
Chairman Kenn - "Approved . Next item ."
A motion was made by Commissioner Darnell and seconded by Commissioner Edwards to ratify the extension of the contract (Item 03-0679 [#3]) . The motion carried by a vote of 6-0-0 . Commissioner Boxill did not vote .
* * * End of Consent Agenda Items

REGULAR MEETING, JUNE 4, 2003

21

 
 Case 1:04-cv-01416-MHS Document 37 Filed 07/12/2004 Page 1 of 3

Of~IGINAL

fiLED IN CLERK'S ~
U,S D.C. Atlanta

JUL 1 2 2004

yV UNITED STATES DISTRICT COURT LUTHER O. THOMAS, ClerK

NORTHERN DISTRICT OF GEORGIA

ATLANTA DIVISION

BY

Oeputy Cklrk

FREDERICK HARPER, individually and on behalf of all present and future inmates in the Fulton County Jail in Atlanta, Georgia,
Plaintiffs,
v.
DEPUTY TYRONE BENNETT, et aI.,
Defendants.

CIVIL ACTION 1:04-CV-1416-MHS

ORDER The Court having requested the appearance of Dr. Robert B. Greifinger as an expert witness at the show cause hearing scheduled for July 8, 2004; and Dr. Greifinger having traveled to Atlanta on July 7, 2004, in anticipation of the hearing; and the show cause hearing having been cancelled pursuant to the Consent Order entered on July 7,2004, providing for appointment of a receiver to replace Sheriff Barrett as custodian of the Fulton County Jail; and the parties having expressed no objection at the conference held on July 7, 2004, to the Court's appointment of Dr. Greifinger to continue his

AO 72A (Rev.8/82)

Case 1:04-cv-01416-MHS Document 37 Filed 07/12/2004 Page 2 of 3
inspections of the Fulton County Jail; now, therefore, pursuant to Fed. R. Evid. 706, it is hereby ORDERED that:
(1) Dr. Greifinger is appointed to serve as an expert witness in this case;
(2) Dr. Greifinger shall perform bimonthly inspections of the Fulton County Jail and shall issue written reports to the Court, the parties, and the receiver regarding conditions at the jail;
(3) Dr. Greifinger shall also be available to consult with the receiver regarding conditions at the jail;
(4) With notice to the parties, the Court may assign such further duties to Dr. Greifinger as it deems appropriate;
(5) Fulton County shall compensate Dr. Greifinger for his time at his usual hourly rate and shall reimburse Dr. Greifinger for all reasonable expenses incurred in connection with this appointment; and
2
A072A (Rev. 8/82)

Case 1:04-cv-01416-MHS Document 37 Filed 07/12/2004 Page 3 of 3
(6) This appointment is retroactive to July 7,2004, and shall remain in effect until December 31,2004.
IT IS SO ORDERED, this d . a y of July, 2004. l\Jarvin H. 0 , Senior Judge United States D· trict Court Northern Distric of Georgia
3
A072A (Rev.8/82)

 
 Case 1:04-cv-01416-MHS
ORIGINAL

Document 38

Filed 07/12/2004

- -- - - - - - - - - - -
Page 1 of 2

FILED IN CLERK'S OfFICE
u.s D.C. Ailllnta

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
FREDERICK HARPER, individually and on behalf of all present and future inmates in the Fulton County Jail in Atlanta, Georgia,

JUL 1 2 2004
'dluY' LUTHER D. THOMAS, Clerk
By' n_J-
Deputy Clerk

Plaintiffs,

CIVIL ACTION

v.
DEPUTY TYRONE BENNETT, et aI.,

1:04-CV-1416-MHS

Defendants.

ORDER Defendants Fulton County and the Fulton County Commissioners having called to the Court's attention that they do object to the Court's appointment of Dr. Greifinger as an expert witness, the Court notes the objection but concludes that Dr. Greifinger's continued inspections and reports are necessary and appropriate to keep the Court fully apprised of conditions at the jail and to aid the receiver in the performance of his duties.

A072A (Rev.8/82)

Case 1:04-cv-01416-MHS Document 38 Filed 07/12/2004 Page 2 of 2
Accordingly, the objection of Fulton County and the Fulton County Commissioners to the appointment ofDr. Greifinger is hereby OVERRULED.
IT IS SO ORDERED, this ¥ - ay of July, 2004. rvin H. Shoo Senior Judge
United States Dis rict Court Northern District of Georgia
2
A072A (Rev.8/82)

 
 Case 1:04-cv-01416-MHS Document 41 Filed 07/14/2004 Page 1 of 5

ORIGINAL

FlLEDut.Ns DC.LCE. RAKtl'aSnOtaffICE

JUl142004
UNITED STATES DISTRICT COURT LUTHER D. THOMAS. Clerk
NORTHERN DISTRICT OF GEORGIA By.' O{U.J-Oeputy CierI<
ATLANTA DIVISION

FREDERICK HARPER, individually and on behalf of all present and future inmates in the Fulton County Jail in Atlanta, Georgia,
Plaintiffs,
v.
DEPUTY TYRONE BENNETT, et aI.,
Defendants.

CIVIL ACTION 1:04-CV-1416-MHS

JACQUELYN BARRETT, Fulton County Sheriff, in her official capacity,
Defendant and Third-party Plaintiff,
v.
JIM DONALD, Commissioner, Georgia Department of Corrections, in his official capacity, et aI.,
Third-party Defendants.

A072A (Rev.8/82)

Case 1:04-cv-01416-MHS Document 41 Filed 07/14/2004 Page 2 of 5
ORDER APPOINTING RECEIVER Pursuant to the Court's Order of July 7, 2004, after considering a number of applications and consulting with other interested parties, the Court hereby APPOINTS John Gibson as temporary Receiver to replace defendant Sheriff Jacquelyn Barrett as custodian of the Fulton County Jail until a new, duly-elected sheriff takes office in January 2005. Based upon Mr. Gibson's outstanding qualifications as an experienced jail administrator with the federal Bureau of Prisons, the glowing recommendations of his references, and the Court's own assessment after conducting a personal interview, the Court is confident that Mr. Gibson is the best choice for the difficult task ahead. If anyone can fix the problems at the Fulton County Jail, the Court believes that Mr. Gibson can.
In order to allow Mr. Gibson to fulfill a prior commitment, the Court will swear him in as Receiver at 1l:00 a.m. on Friday, July 23, 2004, at the Fulton County Jail. Upon his swearing in, the Receiver shall have the same powers and responsibilities as the Fulton County Sheriff with respect to the management, supervision, and operation ofthe jail, including but not limited to the power to hire, fire, and discipline employees and the power to make all
2
A072A (Rev.8/82)

Case 1:04-cv-01416-MHS Document 41 Filed 07/14/2004 Page 3 of 5
budgetary and other decisions ordinarily entrusted to the sheriff. Sheriff Barrett shall have no further authority with respect to the jail but has agreed to be available for consultation with the Receiver to the extent he deems necessary.
In addition to overseeing the daily operations of the jail, the Receiver shall immediately take every step reasonably necessary to correct the conditions described by Dr. Robert B. Greifinger in his reports dated May 31 and July 12, 2004. Specifically, the Receiver shall make every effort (1) to reduce the inmate population at the Rice Street facility to at or below 2,250; (2) to repair and properly maintain the basic systems at the jail, including especially the plumbing, air conditioning, ventilation, and electrical systems; and (3) to provide a sufficient number of trained and qualified staff to adequately protect the health and safety of both inmates and staff. As a court-appointed expert, Dr. Greifinger will continue to make bimonthly inspections of the jail during the term of the receivership and will be available for consultation with the Receiver as needed.
3
AO 72A (Rev.8/82)

Case 1:04-cv-01416-MHS Document 41 Filed 07/14/2004 Page 4 of 5
If, at any time, the Receiver finds that Fulton County and the Fulton County Board of Commissioners have not provided sufficient financial or other resources, or have otherwise failed to cooperate with the Receiver in the manner necessary for him to carry out the foregoing duties and responsibilities, then the Receiver may apply to the Court for an appropriate order directing the County and the Board of Commissioners to provide whatever resources or assistance may be needed. Such application shall be in writing and served on all parties and shall describe (1) the problem(s) sought to be addressed, (2) the efforts made by the Receiver to obtain the needed resources or assistance, (3) the County's response, and (4) the specific resources or assistance that the Court should order the County to provide. The Court will then promptly schedule a hearing to consider the application.
The Receiver shall be compensated at the rate of $10,000 per month and shall be reimbursed for any out-of-pocket expenses in the same manner as would the sheriff. The County shall also provide him with a vehicle appropriately equipped for emergency use. On the first day of each month, the Receiver shall submit to the Court and to the Fulton County Attorney a statement showing the amount owing for services rendered during the
4
A072A (Rev.8/82)

Case 1:04-cv-01416-MHS Document 41 Filed 07/14/2004 Page 5 of 5
previous month, plus the amount of any expenses incurred. After approval by the Court, such amount shall be paid to the Receiver by Fulton County by the 15th of each month. The Receiver's compensation for the month of July shall be prorated from July 23, 2004.
++~ ILl.-
IT IS SO ORDERED, this day of July, 2004.
arvi H. Shoob, enior Judge United States District Court Northern District of Georgia
5
A072A (Rev.8/82)

 
 Case 1:04-cv-01416-MHS Document 62-1 Filed 10/06/2004 Page 1 of 4

IF0

00
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION

.f6-1T -b 804

9

FREDERICK HARDER, individually and on

}

behalf of all present and future inmates in the }

the Fulton County Jail in Atlanta, Georgia

}

Plaintiffs,

)

v.

)

DEPUTY TYRONE BENNETT, individually ; )

and FULTON COUNTY, GEORGIA ; FULTON )

COUNTY BOARD OF COMMISSIONERS,

)

KAREN HANDEL, Chairperson, ROB PITTS, )

TOM LOWE, EMMA I . DARNELL, NANCY A. )

BOXILL, WILLIAM "BILL" EDWARDS,

)

Members; JACQUELINE BARRETT, individually)

and in their official capacities,

)

CIVIL ACTION FILE NO . 1 :04-CV-1416 MHS

Defendants .

)

MOTION FOR CONSENT ORDER CONDITIONALLY CERTIFYING CLASS
Pursuant to Federal Rule of Civil Procedure 6(b), Defendants Fulton County, Georgia; Fulton County Board of Commissioners, Karen Handel, Chairperson, Rob Pitts,, Tom Love, Emma I. Darnell, Nancy A. Boxill, and William "821" Edwards, members, (collectively the "Defendants"), hereby move the Court for an

AD 1200184 .1

Case 1:04-cv-01416-MHS Document 62-1 Filed 10/06/2004 Page 2 of 4
cnsent oder conditionally certifying class. For the Court's convenience, a proposed
order granting the requested consent order is attached to this motion.
WHEREFORE, the Fulton County Defendants respectfully request their
Consent Order Conditionally Certifying Class be granted.
Respectfully submitted this 6th day of October, 2004 .
, j -LAJ--,P a i:L U Teresa Wynn seborou~h Georgia Bar No. 6143 Richard L. Robbins Georgia Bar No. 608030 Julianne N. Belaga Georgia Bar No. 047115 Leighton Moore Georgia Bar No. 520701 Kimberly W. D'Haene Georgia Bar No. 004804 SUTHERLAND ASBILL & BRENNAN LLP 999 Peachtree Street, N.E. Atlanta, Georgia 30349-3996 (404) 853-8000 (telephone (404) 853-8806 (facsimile)
Attorneys for Fulton County Defendants

AO 1200184.1

2

Case 1:04-cv-01416-MHS Document 62-1 Filed 10/06/2004 Page 3 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION

FREDERICK HARDER, individually and on

)

behalf of all present and future inmates in the )

the Fulton County Jail in Atlanta, Georgia

}

Plaintiffs,

)

v.

)

DEPUTY TYRONE BENNETT, individually; )

and FULTON COUNTY, GEORGIA; FULTON }

COUNTY BOARD OF COMMISSIONERS,

}

KAREN HANDEL, Chairperson, ROB PITTS, }

TOM LOWE, EMMA I . DARNELL, NANCY A. )

BOXILL, WILLIAM "BILL" EDWARDS,

)

Members; JACQUELINE BARRETT, individually)

and in their official capacities,

)

Defendants .

)

CIVIL ACTION FILE NO. 1 :04-CV-1416 MHS

CERTIFICATE OF COMPLIANCE I do hereby certify that the foregoing document has been prepared in 14 point Times New Roman font and complies with Local Rule 5 .1 and 7 .1 . This 6th day of October, 2004.
Teresa Wynn RosOborouo

AO 1200184.1

Case 1:04-cv-01416-MHS Document 62-1 Filed 10/06/2004 Page 4 of 4
CERTIFICATE 4F SERVICE This is to certify that I have this day served a copy of the within and foregoing MOTION FOR CONSENT ORDER CONDITIONALLY CERTIFYING CLASS has been served upon the counsel of record by first class mail properly addressed as follows:
Stephen B. Bright Joshua R. Lipman Vanessa Buch Southern Center for Human Rights 83 Poplar Street, N.W. Atlanta, Georgia 30303-2122 John F. Sweet, P.C. 175 Trinity Avenue, S .W. Atlanta, Georgia 30303 Theodore H. Lackland Lackland & Associates, LLC 230 Peachtree Street, N.W . Suite 1150 Atlanta, GA 30303
This 6th day of October, 2004.
1 Ki berly W. D' ene
AO 1200184 .1

 
 • Case 1:04-cv-01416-MHS

Document 63

• Filed 10/12/2004

OR'G1NAl

Page 1 of 3
FILED IN Cl.ERK'S OFFICE

OCT 1 2 2004

IN THE UNITED STATES DISTRICT COURT LUTHER D. THOMAS. Clerk
U FOR THE NORTHERN DISTRICT OF GEORGIA~. vY\. Deputy Clerk ATLANTA DIVISION

)

FREDERICK HARPER, individually and on

)

behalf of all present and future inmates in the )

the Fulton County Jail in Atlanta, Georgia

)

)

Plaintiffs,

)

v.

)

)

)

DEPUTY TYRONE BENNETT, individually; )

and FULTON COUNTY, GEORGIA; FULTON )

COUNTY BOARD OF COMMISSIONERS,

)

KAREN HANDEL, Chairperson, ROB PITTS, )

TOM LOWE, EMMA 1. DARNELL, NANCY A. )

BOXILL, WILLIAM "BILL" EDWARDS,

)

Members; JACQUELINE BARRETT, individually)

and in their official capacities,

)

)

Defendants.

)

)

CIVIL ACTION FILE NO. 1:04-CV-14l6 MHS

CONSENT ORDER CONDITIONALLY CERTIFYING CLASS The Court having read and considered Plaintiffs' Motion for Class Certification; having been advised by the parties that settlement discussions are ongoing; and having been advised that the parties consent to the entry of this conditional certification Order solely for purposes of settlement; IT IS HEREBY ORDERED AND ADmDGED as follows:

AD 1201212.1

• Case 1:04-cv-01416-MHS

Document 63

• Filed 10/12/2004

Page 2 of 3

l. The Court finds solely for purposes of settlement that the Rule 23(a) prerequisites to a class action have been met for the injunctive and equitable relief claims pending in this case.
2. The Court finds solely for purposes of settlement with respect to the injunctive and equitable relief claims pending in this case that the class is so numerous that joinder of all members is impracticable; there are questions of law or fact in common to the class; the claims or defenses of the representative parties are typical of the claims or defenses ofthe class; and the representative parties fairly and adequately protect the interests of the class.
3. The Court conditionally certifies pursuant to Rule 23(b)(2) the class of all persons who are now or will in the future be incarcerated at the Fulton County Jail in Atlanta, Georgia.
4. In the event the parties are unable to finalize a settlement in this matter or the Court does not approve of the settlement as required by Rule 23(e), this Order shall be vacated upon the request of any party. At such time, this Court will allow Plaintiffs to supplement their memorandum oflaw in support of their Motion for Class Certification filed on June 25, 2004. Any party opposing certification shall have a right to file such opposition. The Court may permit at or before such time discovery related to class certification upon motion by any party.
AO 1201212.1

• Case 1:04-cv-01416-MHS

Document 63

• Filed 10/12/2004

Page 3 of 3

So Ordered on this 6th day of October, 2004.

arvin H. Shoob, S i J dge United States District Judge

AO 1201212.1

 
 Case 1:04-cv-01416-MHS Document 90-1 Filed 12/22/2005 Page 1 of 6 Case 1 :04-cv-01416-MHS Document 88 Filed 12121!2005 Page 1 of 6

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION

FREDERICK HARPER, et al . individually and on behalf of all present and future inmates in the Fulton County Jail in Atlanta, Georgia,
Plaintiffs,
V.
FULTON COUNTY, GEORGIA et al.,
Defendants,
MYRON FREEMAN, Fulton County Sheriff, in his official capacity,
Defendant and Third Party Plaintiff
V.
JIM DONALD, Commissioner, Georgia Department of Corrections, in his official capacity ; and the GEORGIA DEPARTMENT OF CORRECTIONS,
Third-party defendants .

CIVIL ACTION NO . 04-CV-1416-MHS
NOTICE OF PROPOSED SETTLEMENT OF CLASS ACTION LAWSUIT

READ THIS CAREFULLY - IT MAY AFFECT YOUR LEGAL RIGHTS

Case 1:04-cv-01416-MHS Document 90-1 Filed 12/22/2005 Page 2 of 6 Case 1 :04-cv-01416-MHS Document 88 Filed 12/21/2005 Page 2 of 6
Lawyers from the Southern Center for Human Rights, representing a group of inmates at the Fulton County Jail, the Fulton County Board of Commissioners and its members, the Fulton County Sheriff and the Commissioner of the Georgia Department of Corrections have negotiated a settlement of a case regarding living conditions, staffing and other issues at the Fulton County Jail . The case was brought as a class action lawsuit on behalf of all inmates confined in the Fulton County Jail - the Rice Street facility and the Bellwood and Marietta Annexes . The case is before Judge Marvin Shoob in the United States District Court for the Northern District in Atlanta, Georgia .
THE PURPOSE OF THIS NOTICE IS TO INFORM YOU OF THE
PROPOSED SETTLEMENT OF THE SUIT TO INFORM YOU OF YOUR RIGHTS WITH RESPECT TO THE PROPOSED SETTLEMENT ; AND TO TELL YOU HOW TO FILE IN THE COURT ANY OBJECTIONS YOU MAY HAVE TO THE SETTLEMENT 1 . The Settlement Class . The Parties have agreed, and the Court has been asked to approve, a class made up of "All inmates who are now or will be in the future confined at the Fulton County Jail in Atlanta, Georgia ." If you are in the main jail, the Marietta Annex or the Bellwood Annex, you are part of the class . The proposed Consent Order may affect your legal rights, as well as things about the jail described below and in the Consent Order.
2

Case 1:04-cv-01416-MHS Document 90-1 Filed 12/22/2005 Page 3 of 6 Case 1 :04-cv-01416-MHS Document 88 Filed 12/21/2005 Page 3 of 6
2. Terms of the Proposed Settlement. Subject to the approval of the Court, the proposed Consent Order limits the population of the Jail, requires that a certain leve l of staffing be maintained, and affects the living conditions and other aspects of the conditions and operations of the Jail . Among other things, the Consent Order :
a) Provides that staffing levels will be maintained in order to maintain security and distribute medications to inmates ;
b) Provides that no inmates will be assigned to sleep on the floor and that no more than two inmates will be housed in a cell ;
c) Provides that the population of the main jail is to average 2250 ; and that no more than 200 people will be housed at the Bellwood Annex and no more than 100 at the Marietta Annex;
d) Requires the replacement, repair, and preventive maintenance of mechanical, plumbing and electrical systems ;
e) Requires policies and procedures addressing environmental health and safety of the living conditions at the Jail ;
g) Requires policies for the provision of laundry to inmates ;
h) Requires the provision of adequate facilities for disabled inmates and visitors ;
i) Provides for a monitor to inspect the jail four times a year to see that there is compliance with the terms of the Consent Order.
The United States District Court for the Northern District of Georgia will maintain jurisdiction to enforce the provisions of the Consent Order. If lawyers for the inmates or any other party believe that the Consent Order is being violated, they can - after trying to work out the disagreement in accordance with the terms of the Consent Order - move the District Court to enforce it .
3

Case 1:04-cv-01416-MHS Document 90-1 Filed 12/22/2005 Page 4 of 6 Case 1 :04-cv-01416-MHS Document 88 Filed 12/21/2005 Page 4 of 6
The lawsuit does not involve money damages for the class, so whether or not this case settles or goes to trial, no class member will obtain money from the Defendants .
This very brief and general summary of the Consent Order does not include all of its terms and conditions. The only complete statement of the terms of the proposed settlement is found in the actual Consent Order . A copy of the Consent Order is attached . You may also obtain a copy of the Consent Order, ask questions and find out more about it by writing to the lawyers for the inmates, Stephen Bright, Joshua Lipman, and Vanessa Buch, or paralegal Mary Sidney Kelly, at the Southern Center for Human Rights, 83 Poplar Street, N .W ., Atlanta, Georgia, 30303 .
3 . Reasons for Settlement . Trial of this case would not occur for some time and in any trial there is always the risk of an unfavorable outcome . The lawyers for the inmates believe that the Consent Order provides the same relief they would obtain at trial . It does so immediately upon approval of the Consent Order by the Court . The lawyers believe the Consent Order is fair, reasonable, adequate, and in the best interests of the inmates at the jail . They have considered the immediate benefits of the settlement to people who are now in the Jail, the delay that would result if the case were to go to trial and possibly be appealed, and the risk of an unfavorable outcome if the case went to trial .
4. Question s About the Proposed Consent Order. If you have questions about the proposed Consent Order, you may contact the lawyers representing the class of inmates by writing to :
Stephen Bright, Joshua Lipman, Vanessa Buch and Mary Sidney Kelly Southern for Human Rights 83 Poplar Street, N .W. Atlanta, Georgia 30303
4

Case 1:04-cv-01416-MHS Document 90-1 Filed 12/22/2005 Page 5 of 6 Case 1 :04-cv-01416-MHS Document 88 Filed 1212112005 Page 5 of 6
5 . Bind ing Effect. The Consent Order does not affect any claims for damages brought in other cases by inmates at the Jail .
6. If the Proposed Consent Order is Not Approved . If the Proposed Consent Order is not approved by the Court, the case will go to trial . However, if that happens, there is no assurance : (a) that the trial will take place while you are still in the Jail ; (b) that any decision at trial will be in favor of the inmates; (c) that a favorable trial decision, if any, will be as favorable as the Consent Order ; or (d) that any such favorable trial decision would be upheld on appeal .
7 . If You Agree with the Proposed Consent Order. If you agree with the proposed Consent Order, you do not have to do anything . The judge will hold a hearing to consider any objections to the Consent Order and then decide whether to approve the sett lement . If the Judge approves the Consent Order and signs it, it then becomes effective .
8 . If You Object to the Proposed Consent Order . If you believe that the Consent Order should not be approved by the Judge for any reason, you may write to the Judge and provide your reason . To do this, you must send your objection in writing to : Clerk's Office, Richard B . Russell Building,75 Spring Street, S .W., Atlanta, Georgia, 30303-3361 .
The objections must contain the following :
(1) The case name and number : Harder v . Fulton Count, No . 04-CV1416-MHS
(2) What you object to about the Consent Order;
(3) An explanation of why you object ;
(4) Your full name and number .
You must submit your objection by 5 p.m. on January 27, 2006 . After receiving and reviewing any objections, the Judge will hold a hearing on Friday, February 3, 2006, at 11 :00 a.m. to decide whether to approve the Consent Order . If the Judge finds that it is fair, adequate, and a reasonable resolution

Case 1:04-cv-01416-MHS Document 90-1 Filed 12/22/2005 Page 6 of 6 Case 1 :04-cv-01416-MHS Document 88 Filed 12/21/2005 Page 6 of 6

of this case and approves it, then the Consent Order will become final .

9 . Clerk's Address . The mailing address for the Clerk of the Court is :

Office of the Clerk United States District Court Richard B . Russell Building 75 Spring Street, S .W. Atlanta, Georgia 30303-3361

Remember -you must put the name and number of the case on anything that

you send the Clerk.

(Harper v. Fulton County, No . 04-CV-1416-

MHS

This - day of

52005

Clerk of Court United States District Court Northern District of Georgia Atlanta Division

6

 
 Case 1:04-cv-01416-MHS Document 96 Filed 01/09/2006 Page 1 of 28 Case 1 :04-cu-01416-MHS Document 86-2 Filed 11/28/2005 Page 1 of 28

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION

FREDERICK HARDER, MARVIN MAXIE, CHARLES HOLMES, and SEAN HILL, individually and on behalf of all present and future inmates in theFulton County Jail
Pl aintiffs,
V.
FULTON COUNTY, GEORGIA; FULTON COUNTY BOARD OF COMMISSIONERS, KAREN HANDEL, Chairperson, ROB PITTS, EMMA L DARNELL, WILLIAM EDWARDS, TOM LOWE, NANCY BOXILL, members ; in their official capacities
Defendants,
MYRON FREEMAN, Fulton County Sheriff, in his official capacity,
Defendant and Third Party Plaintiff
V.
JIM DONALD, Commissioner, Georgia Department of Corrections, in his official capacity; and the GEORGIA DEPARTMENT OF CORRECTIONS,
Third-party Defendants .

CIVIL ACTION NO. 04-CV-1416-MHS
SECOND AMENDED C O M P LAINT

Case 1:04-cv-01416-MHS Document 96 Filed 01/09/2006 Page 2 of 28 Case 1 :04-cv-01416-MHS Document 86-2 Filed 11/28/2005 Page 2 of 28
SECOND AMENDED COMPLAINT This is an action on behalf inmates at the Fulton County Jail and its two annexes (the Bellwood Annex and the Marietta Annex) seeking declaratory and injunctive relief with regard to longstanding constitutional deficiencies at the Jail resulting from overcrowding, inadequate staffing, and the breakdown of the plumbing, ventilation, electrical, security and laundry systems due to over use and lack of maintenance . These deficiencies, which have resulted in injury to both inmates and Jail personnel, violate the Eighth and Fourteenth Amendments to the United States Constitution as well as Georgia law . The Plaintiffs bring this action pursuant to the Civil Rights Act of 1871, 42 United States Code § 1983, as representatives of all current and future inmates at the Fulton County Jail. 2. Plaintiffs seek protection from intolerable living conditions and the constant threat to their lives and safety resulting from overcrowding, inadequate staffing, the presence of weapons in the Jail, locks that do not work on many cells, and other deficiencies described herein . The main jail facility on 901 Rice Street was designed for 1400 inmates. However, it has an asserted capacity of 2,250 as a result of double bunking and even triple bunking some cells that were designed for one person . The Jail's population is several hundred over 2,250 ; it has even
2

Case 1:04-cv-01416-MHS Document 96 Filed 01/09/2006 Page 3 of 28 Case 1 :44-cu-0141 fi-MHS Document 86-2 Filed 11/28/2005 Page 3 of 28
exceeded 4,000 inmates on occasion . An additional 300 or more inmates are housed in the annexes - two buildings near the Jail which are not fit for human habitation . The constant housing of more inmates than the capacity of the Jail to hold has contributed to the breakdown of its air, plumbing, electrical and laundry systems -systems which are simply worn out from use 24 hours a day, seven days a week by far more people than they were designed for .
3 . The problem of too many inmates in too little space has been compounded by a severe shortage of detention officers due to unfilled positions and a high rate of absenteeism . Sections of the Jail that were designed to be staffed by 14 detention officers are being staffed by two, and, on some occasions, only one. Staff shortages endanger both inmates and staff . On multiple occasions, there have not been enough detention staff to patrol the Jail, to complete counts of the inmates, or to escort nurses to the housing units to dispense medications .
4. At times, the available staff has been insufficient to respond to emergency situations in a timely manner . Both inmates and staff have been injured in altercations, suffering stab wounds, broken limbs, head injuries and other injuries .
5 . The problems of an excessive inmate population and a shortage of staff are further exacerbated by the breakdown of basic systems required for health and
3

Case 1:04-cv-01416-MHS Document 96 Filed 01/09/2006 Page 4 of 28 Case 1 : 04-cu-01416-MHS Document 86-2 Filed 11/28/2005 Page 4 of 28
safety - plumbing, laundry, electric, and air handling systems . In some areas, water leaks from the ceiling, from toilets, and from chases into inmate living areas . On multiple occasions, raw sewage has come up from drains and overflowed from toilets in some cells . Floors have flooded in some housing units . Inmates have sustained injuries as a result of slipping on the water . The air handling system at the Jail has been unable to remove the humidity from the air and cool some zones because there are too many people in those zones . Parts of the Jail are without electricity at times - including the elevators, which remain inoperable until electricity has been restored . The Jail has, at times, been unable to handle the laundry needs of the inmates because of the volume of laundry received from so many people being housed at the Jail and broken equipment . The laundry has not been handled properly to avoid a substantial risk of transmission of serious illnesses including diarrhea, staph infections, and hepatitis .
6. The Jail has failed to release people in its custody once it no longer had a legal basis for holding them . As a result of the way cases are inadequately processed by the courts and the Jail staff, people admitted to the Jail after arrest may remain there several days after their release has been ordered, bond has been posted, or charges have been dismissed . The failure of the Jail to promptly release
4

Case 1:04-cv-01416-MHS Document 96 Filed 01/09/2006 Page 5 of 28 Case 1 :04-cv-01416-MHS Document 86-2 Filed 7112$12005 Page 5 of 28
people when they are entitled to be released causes injury to the plaintiffs including loss of employment and housing . It also contributes of the crowded conditions in the Jail .
7. Thus, the Plaintiffs and other inmates at the Jail are being held in violation of their rights under the Eighth Amendment and Fourteenth Amendments of the United States Constitution as applied through 42 U .S .C . § 1983, and O.C.G.A . §§42-4-4, 42-4-5, and 42-5-2 . Plaintiffs seek declaratory and injunctive relief to remedy the conditions which are the bases for this action .
1. JURISDICTION 8. This suit is brought under the Eighth and Fourteenth Amendments to the United States Constitution as enforced through 42 U .S.C . § 1983, and under O.C.G.A. §§ 9-2-20, 424-4 et seq ., and 42-5-2 et seq. The Court has jurisdiction over the plaintiffs' federal constitutional claims pursuant to 28 U .S.C. §§ 1331 and 1343(a) and over plaintiffs' state law claims pursuant to 28 U .S .C . § 1367(a) . 9 . This Court is authorized to grant declaratory and injunctive relief pursuant to 28 U.S.C. §§ 2201 and 2202 .
5

Case 1:04-cv-01416-MHS Document 96 Filed 01/09/2006 Page 6 of 28 Case 1 :04-cv-01416-MHS Document 86-2 Filed 1112812005 Page 6 of 28
II. VENUE 10 . The Northern District of Georgia is an appropriate venue for this action because the Jail is in Fulton County, the events giving rise to this action occurred in this district, the Fulton County Board of Commissioners is a defendant, and defendant Freeman and the defendant members of the Fulton County Commission discharge their official responsibilities which are the subject of this action are officials of Fulton County . See 28 U.S .C. § 1391(b)(1), (2) .
III. PARTIES 11 . The Plaintiffs are persons who are or have been confined to the Fulton County Jail and have been subject to the unconstitutional conditions there . Plaintiff Frederick Harper has been housed in both the Bellwood Annex and the fifth floor of the Jail . At the Jail, he was housed with two other men in a cell on the fifth floor designed for one person. In the zone in which he was placed, there were a total of 18 single-person cells, each housing three men . There were two functioning showers for approximately fifty men . Plaintiff Harper observed many fights and was threatened with assault . The living area was very hot and humid, particularly during the summer months . Ceiling tiles were missing in the unit and
6

Case 1:04-cv-01416-MHS Document 96 Filed 01/09/2006 Page 7 of 28 Case 1 :Q4-cv-014'f 6-MHS Document 86-2 Filed 11/28/2005 Page 7 of 28
brown water leaked from the ceiling . Water leaked from the pipes and toilets . Rust, mildew, algae, and mold were visible in the showers .
12. Plaintiff Marvin Maxie was arrested and placed in the Jail on December 12, 2003 . He was housed on the fifth floor . In the zone where he lived, Mr . Maxie observed water pipes bursting and sewage pipes leaking next to his cell . He experienced numerous gaps in receiving his blood pressure medication.
13 . Plaintiff Charles Holmes was confined on the fifth floor of the Jail, one of three persons housed in a single-person cell . He observed many fights and weapons in the zone .
14 . Defendant Fulton County, Georgia, is the governmental entity responsible under state law for properly maintaining, operating, and funding the Fulton County Jail . O.C.G.A. §§ 36-9-5 ; 42-5-2 (a) . That duty includes providing sufficient living space for the number of inmates housed at the Jail ; providing funding for an adequate number of detention staff ; and maintaining the plumbing, laundry, electric and ventilation systems at the Jail so that the Jail is operated in a safe, secure, sanitary and humane manner. In addition, it is the duty of the County "to maintain the inmate, furnishing him food, clothing, and any needed medical and hospital attention ." O .C .G.A. § 42-5-2 (a) .
7

Case 1:04-cv-01416-MHS Document 96 Filed 01/09/2006 Page 8 of 28 Case 1 :04-cv-01416-MHS Document 86-2 Filed 11/28/2005 Page 8 of 28
15 . Defendant Fulton County Commission and its members, Karen Handel, Emma Darnell, William Edwards, Robb Pitts, Tom Lowe and Nancy Boxill, are responsible for ensuring that Fulton County complies with its duties regarding the operation of the Jail as set out in the foregoing paragraph . The Commission possesses the power under Article XI of the Georgia Constitution to levy taxes, initiate bond issues, and otherwise raise revenues and appropriate funds for hiring detention staff and maintaining the Jail .
16. Defendant Myron Freeman is the Sheriff of Fulton County, Georgia . As Sheriff, he is charged under Georgia law with the duty of taking "custody of the jail and the bodies of such persons as are confined therein," O.C.G.A. § 42-4-4(a)(1), to operate the Jail and provide secure and healthy conditions of confinement, O.C.G.A. § 42-4-4 (a)(1)-(2), and to remove inmates from the Jail and commit them to the jails of nearby counties should the Jail become unsafe . O.C .G.A. § 42-4-5 (a){3} .
17. Defendants James Donald and the Georgia Department of Corrections are third-party defendants as a result of a complaint against them by the Sheriff . James Donald is the Commissioner of the Department of Corrections and is
8

Case 1:04-cv-01416-MHS Document 96 Filed 01/09/2006 Page 9 of 28 Case 1 :04-cv-0 'f 416-MH5 Document 86 -2 Filed 11/28/2005 Page 9 of 28
responsible for removing inmates from the Jail and transferring them to state prisons once his Department has been provided the necessary documentation .
18 . Defendants are sued in their official capacities . They have all acted under color of law.
IV. CLASS ACTION ALLEGATIONS 19 . The Plaintiffs bring this action on behalf of themselves and all others who are similarly situated pursuant to Rule 23 (a) and (b)(2) of the Federal Rules of Civil Procedure . The members of the class consist of all inmates who are or will be incarcerated at the Fulton County Jail and axe subject to the conditions described herein . 20 . At any given time, there are from 260 to over 3,000 inmates confined at the Jail and its two annexes . This large group changes size and composition on a daily basis as inmates are taken into the Jail and released from it . Therefore, joinder of all Fulton County Jail inmates is impracticable . 21 . The questions of law and fact presented by this lawsuit are common to all class members . All are inmates at the Jail and its annexes, and endure the same conditions which threaten their lives, health and safety . The legal rights asserted by Plaintiffs are common to all of the inmates at the Jail . The defendant Sheriff,
9

Case 1:04-cv-01416-MHS Document 96 Filed 01/09/2006 Page 10 of 28 Case 1 :04-cv-01416-MHS Document 86-2 Filed 11/28/2005 Page 10 of 28
County Commission, and the County Commission's members all have the same legal duties and responsibilities with regard to the issues raised in this suit to every person housed at the Jail and its annexes .
22. The claims of the Plaintiffs are typical of the claims of the class as a whole . The conditions and practices challenged in this action apply with equal force to the Plaintiffs and all inmates at the Jail . Thus, the claims of the named Plaintiffs are typical of those of the class .
23 . The named Plaintiffs will fairly and adequately represent the interests of the class as a whole . They are represented by counsel who have substantial knowledge of the Jail and its operations, have investigated conditions at the Jail, and are experienced in class action litigation involving jail and prison conditions .
24 . Pursuant to Federal Rules of Civil Procedure 23(a) and 23(b)(2), class certification is warranted because the various Defendants have acted or failed to act in a manner applicable to the class as a whole . Thus, final injunctive relief addressing the class as a whole is appropriate .
V. FACTUAL ALLEGATIONS 25 . The main building used by Fulton County as a jail, located at 901 Rice Street, Atlanta, Georgia [hereinafter referred to herein as the "Jail"], was designed
10

Case 1:04-cv-01416-MHS Document 96 Filed 01/09/2006 Page 11 of 28 Case 1 :04-cv-01416-MHS Document 86-2 Filed 11/28/2005 Page 'f 1 of 28
by Atlanta architect Paul Rosser to house less than 1400 inmates - 1332 beds in cells and 44 infirmary beds. The plumbing, including the number of toilets, showers, and water fountains, the air handling system, and the electrical system were designed for 1400 inmates . Each cell, with a the exception of a few cells for multiple inmates, was designed for a single inmate . However, after construction of the Jail had begun, a decision was made to put two bunks in cells designed for one inmate on floors 1-5, thereby adding 918 beds . However, while the number of beds was increased, the amount of living space remained the same . No modification was made of the plumbing, electrical and air handling systems to handle the larger population. As a result, from the day it opened, the Jail has housed far more inmates than the number for which it was designed . As Chief Jailer Roland Lane observed in a report to the sheriff about the unconstitutional conditions at the Jail :
The operational activation date of the jail was met with instant crowding and understaffing and has been abused with overloading of inmates without proportionate security staffing for more than 15 years .'
1. Roland Lane, Proposal to Achieve Constitutional Compliance far Conditions of Confinement in Fulton County Jail Facilities, page 2 (May 1, 2004) (hereinafter "Lane Report.")
11

Case 1:04-cv-01416-MHS Document 96 Filed 01/09/2006 Page 12 of 28 Case 1 ;04-cv-Q1416-MHS Document 86-2 Filed 11/28/2005 Page 12 of 28
26. After construction was complete, additional beds were added on the sixth and seventh floors and even a third bed was put in some cells that were designed for a single person, leaving very little space in those cells . Sheriff Jacquelyn Barren promised the American Correctional Association to reduce the population of the Jail on the fourth and fifth floors in order to win accreditation for the Jail, but to this day, it has not occurred .
27 . As a result of the additional beds, the main Jail building is purported to have a capacity of 2,250, plus 44 infirmary beds . Even that number of people severely strains the Jail's plumbing, electrical, ventilation and laundry systems, which were designed for 1,400 . However, the number of people in the Jail has not been limited to 2,250 ; its population rangers from 300 to 1,000 above that level .
28 . In addition to the main Jail, the defendants have housed some inmates in two old buildings, which are referred to as "annexes" or "barracks ." One is designated the Bellwood Annex and the other is called the Marietta Annex . Both simply have large rooms full of bunk beds . They do not have enough showers and toilets for the inmates housed in them . The roofs leak when it rains . There is mold throughout the buildings . They are not fit for human habitation . Although the predecessor sheriff indicated repeatedly that the use of the annexes was only
12

Case 1:04-cv-01416-MHS Document 96 Filed 01/09/2006 Page 13 of 28 Case 1 :04-cv-0416-MH5 Document 86-2 Filed 11/28/2005 Page 13 of 28
temporary - and obtained accreditation of the Jail by promising to remove inmates from the annexes by the end of 2003 - hundreds of inmates remain housed in the annexes .
29. The Jail and the annexes are not only dangerously overcrowded, they are dangerously understaffed . Evaluations by the Chief Jailer, and outside experts brought in by the County Commission and the Sheriff in 2004 aall found that the Jail was understaffed . Applying the staffing ratio calculations provided by the National Institute of Correction Large Jail Network, the Jail was short169 officers in May, 2004,2 The following July, Dr . Robert Greifinger reported the continued staff shortage of 87 vacancies .'
30. Such serious understaffing inhibits the ability of the staff to conduct preventive patrols which, as the Chief Jailer reported, are the "most effective method for maintaining order and control in the facility."' The Chief Jailer
2 . Lane report, supra n . 1, at 4 . 3 . Letter of Dr . Robert Greifinger to Paula Morgan Nash, July 12, 2004 . The letter is appended to the original Complaint filed in this action . 4. Id . at 5.
13

Case 1:04-cv-01416-MHS Document 96 Filed 01/09/2006 Page 14 of 28 Case 1 :04-cw 01416-MHS Document 86-2 Filed 11/28/2005 Page 14 of 28
observed that on May 1, 2004, the Jail staff was only able to conduct "11% of the hourly required patrols necessary to maintain security and control of the jail ."'
31 . These staff shortages have resulted in danger to both staff and inmates . On multiple occasions, the only detention staff on duty in some cellblocks has been a single officer in a glass booth ; there are no officers to patrol the units . Understaffed and overwhelmed officers are unable to quickly end altercations between inmates . Altercations that are not broken up quickly can result in great bodily harm. Sufficient staff at the Jail would have prevented many violent incidents that have occurred there . There are unacceptably long delays in responding to emergency calls ; food is often cold when it finally reaches the housing units ; legal visits are delayed ; and inmates sometimes do not see medical personnel or get needed medication .
32 . The physical plant, including the plumbing, electric, air handling and laundry systems, at the Jail are failing because they are not designed for the demands put upon them by the number of people at the Jail .
33 . As a result of breakdowns in the plumbing, raw sewage comes up through the drains in the cellblocks on the first floor, overflows from some toilets,
5. Id . 14
i

Case 1:04-cv-01416-MHS Document 96 Filed 01/09/2006 Page 15 of 28 Case 1 :04-cv-01416-MHS Document 86-2 Filed 1'[I28/2005 Page 15 of 28
leaks from the bottom of others and drips from pipes . Many showers and sinks at the Jail do not work . Throughout the Jail, leaks from pipes create stagnant pools of water on the floor. The Fulton County Grand Jury for May-June 2004 reported, "The Jail did not pass the health inspection due to plumbing and other infrastructure issues . Plumbing was not designed to handle more than 1,100 inmates. Improvements should be made as soon as possible ."
34. The air handling systems have failed in many parts of the Jail . As a result, inmates crowded into inadequate space experience excessive temperatures and inadequate ventilation, which adds to tension and poses a health risk as well . Dr. Greifinger reported :
The air handling systems are overburdened ; they break down . The HVAC controls do not work . There are leaking pipes throughout the facility, broken or missing security cameras, damaged ceiling tile and overflowing toilets . On 5 North, body heat alone uses more than 50% of the air-conditioning capacity . The plumbing problems persist, with toilet leaks and inoperable sinks . The electrical systems are so
15

Case 1:04-cv-01416-MHS Document 96 Filed 01/09/2006 Page 16 of 28 Case 1 :p4-cv-01416-MHS Document 86-2 Filed 11128!2005 Page 1 6 of 28
strained that power regularly goes out in the dental unit . It is almost impossible to work productively in this environment .' He described one housing unit as follows : Wet clothing draped the railings - hopefully to dry in humidity exceeding 90% . The temperature was well over 80 degrees . Hot, especially for patients on psychotropic medications that make them vulnerable to heat injury such as heat stroke . Puddles outside the showers, mold inside, mold like a fur carpet on the ceiling . Acrid. The air conditioning cannot keep up with the heat and moisture . 35 . There is mold and mildew throughout the Jail .' 36 . Locks on many cells do not work . The Fulton Grand Jury for the May-June 2004 Term reported : "None of the panic buttons work ." 37. Because of the number of inmates, the crowded conditions in which they are confined and the lack of sufficient staff, repairing and maintaining the systems has become increasingly difficult for the Jail staff. The maintenance staff, with an average 1,300 work orders per month, simply cannot keep up . Preventive
6 . Greifinger letter of May 31, 2004 at 3 . 7. Id., at 2 .
16

Case 1:04-cv-01416-MHS Document 96 Filed 01/09/2006 Page 17 of 28 Case 1 :04-cv-01416-MHS Document 86-2 Filed 11/28/2005 Page 17 of 28
maintenance is impossible because the staff is constantly responding to emergency breakdowns or vandalism .
38. The overcrowding, inadequate staffing, raw sewage, heat, humidity, mold, and other conditions at the Jail result in tension that leads to violence . Dr . Greifinger described the fifth floor of the Jail as follows :
It was dank, full of sweaty bodies . The air was thick with the scent of wet underwear. Rank . Each zone the same . Wet laundry on the railings . Raised voices . Noisy. Crowded . Inmates buzzing about, milling randomly, a few banging on the zone doors . Mattresses on the floor in the day room. No duty officers in sight . It was very hot indoors this pleasant Spring day . The air-conditioning had been broken for days . There are two showers on a zone ; zone 5 North 500 has 59 inmates, 18 sleeping on the floor . 5 South has 326 inmates, but only 12 showers . This is a unit built for 108, or about 200 double-bunked . There are broken ceiling tiles and water dripping from the ceilings into garbage pails .'
8. Td., at 1 . 17

Case 1:04-cv-01416-MHS Document 96 Filed 01/09/2006 Page 18 of 28 Case 1 :04-cv-01416-MHS Document 86-2 Filed 11/28/2005 Page 18 of 28
39 . Inmates and staff remain subject to the risk of more violence, injury and even death unless the Jail's population is reduced substantially and its staff increased .
40 . Because of the volume of inmates being received and the shortage of staff, people who arrive at the Jail in custody may spend two days or more in the intake area. While being processed, these new inmates must sleep on a concrete floor or stand . No mattresses or blankets are provided . On the other hand, while those being admitted to the Jail often remain in intake too long, on other occasions they are not held long enough for medical screening, including testing for tuberculosis .
4 1 . The Jail has released people who should be held and failed to release people even though there was no longer has a legal basis for holding them . People remain in the Jail unlawfully because of the failure of court and Jail personnel to process documents regarding their release . It is common for inmates released on signature bond at their first appearance hearing not to be released, but to be held in the Jail for several days after the court has ordered their release . The same is true for inmates who make bond, have their charges dismissed, are sentenced to time served or ordered released for some other reason . While many of the delays are a
18

Case 1:04-cv-01416-MHS Document 96 Filed 01/09/2006 Page 19 of 28 Case 1 :04-cw01416-MHS Document 86-2 Filed 11/28/2005 Page 19 of 28
few days, some are far longer . For example, Willie Hill remained in the Jail over seven months after being sentenced to time served for jaywalking in municipal court on November 23, 2003 . There is an unacceptable risk that many other inmates, like Mr . Hill, will be subject to prolonged, illegal detention . The defendants have failed to take measures to ensure the prompt release on inmates once there is no longer a legal basis for holding them .
42 . People admitted to the Jail are, on occasion, "lost." For example, Nguyen Hen Van, a mentally ill Vietnamese man who speaks no English, was in the Jail for 19 months, apparently for purposes of a mental competency examination. Yet he was never seen by the mental health staff at the Jail . There is an unacceptable and preventable risk that other inmates at the Jail will suffer the same type of prolonged and illegal detention . The defendants have failed to take measures to monitor the legal status of inmates in order to ensure the prompt release on inmates once there is no longer a legal basis for holding them .
43 . There are people in the Jail waiting for court proceedings who could be in the community. People arrested for minor offenses could be released after arrest without spending a night at the Jail . Instead, they are booked into the Jail, taken to first appearance hearings one to three days later and, even if ordered released, often
19

Case 1:04-cv-01416-MHS Document 96 Filed 01/09/2006 Page 20 of 28 Case 1 :04-cv-01416-MHS Document 86-2 Filed 11/28/2005 Page 20 of 28
remain in the Jail several more days, being unlawfully held at the Jail and contributing to the overcrowding . People charged with violations of probation are arrested and housed at the Jail while awaiting revocation hearings when they could be summoned to those hearings .
44 . The Jail in its current condition is an inappropriate place for many of the people who are housed there . A number of mentally ill people are housed at the Jail waiting an examination by a mental health professional from Grady Hospital or a bed at Georgia Regional Hospital . There are also handicapped and disabled people at the Jail . The living conditions for handicapped and disabled people at the Jail are inadequate . In fact, the Fulton County Grand Jury for May-June 2004 recommended, "A new facility is needed to house those who are handicapped or disabled ."
45 . The failure of the Georgia Department of Corrections to remove inmates from the Jail once they have been sentenced contributes to the overcrowding . In fiscal year 2001, Fulton County was reimbursed for 1,565 days for which state inmates remain in the Jail 15 days after proper documentation was made regarding their sentences ; in 2002, the number was 6,990, and in fiscal 2003, the number was 22,635 .
20

Case 1:04-cv-01416-MHS Document 96 Filed 01/09/2006 Page 21 of 28 Case 1 :04-cv-01416-MHS Document 86-2 Filed 11/28/2005 Page 21 of 28
46. A buildup of inmates, reduction in staff and breakdown of systems in the spring of 2004 resulted in "a state of crisis, necessitating immediate action to reduce the inmate population, increase security staffing, and repair and maintain the basic systems required for basic health and safety, such as laundry, plumbing, electricity, and air handling ."9 Dr. Greifinger was a consultant with regard to health care at the Jail, initially for the United States District Court and then for Fulton County . After inspecting the Jail on May 26-27, he reported, "the severe overcrowding and staff shortages have resulted in mounting tension within the living units ."" ° Dr . Geifinger returned to the Jail on July 12, 2004, and found "no substantial change in the crowding and the resulting environmental conditions .""
47. The crisis at the Jail has been well documented . A Fulton County Grand Jury, Chief Jailer Roland Lane, an independent contractor hired to assess the conditions of the maintenance facilities at the Jail (ARAMARK ServiceMaster), and evaluations made for the the Fulton County Commission and the Fulton County Sheriff all reached conclusions similar to those of Dr . Greifinger. All of
9. Report of Dr . Robert Greifinger, M .D . to Fulton County, May 31, 2004, page 1 .
10 . Id . 11 . Report of Dr . Greifinger of July 12, 2004, at 1 .
21

Case 1:04-cv-01416-MHS Document 96 Filed 01/09/2006 Page 22 of 28 Case 1 ;04-cv-01416-MHS Document 86-2 Filed 11/28/2005 Page 22 of 28
these reports have found overcrowding, understaffing, and maintenance disrepair to be the bases of the crisis at the Jail .
48. The policies, practices and conditions challenged in this lawsuit are the result of deliberate indifference on the part of defendants to the substantial risk of death or serious harm for inmates at the Fulton County Jail . All defendants know about this risk, which is longstanding, pervasive, well-documented and apparent to any knowledgeable observer . The many problems of the Jail have been widely publicized and acknowledged by some of the defendants . The policies, practices and conditions challenged in this case have caused and, unless enjoined, will continue to cause needless suffering and an ongoing risk of death or serious injury to staff and inmates .
49 . Plaintiffs and members of the class have exhausted all administrative remedies available to them . Numerous grievances regarding the conditions at the Jail have not received a response .
VI. CLAIMS FOR RELIEF 50 . Based upon all of the paragraphs set out in this Compliant, plaintiffs state the following claims for relief.
22

Case 1:04-cv-01416-MHS Document 96 Filed 01/09/2006 Page 23 of 28 Case 1 : 44-cv-Q1 4 16-MHS Document 86-2 Filed 11/28/2005 Page 23 of 28
Count I - Cruel and Unusual Puni s hment 51 . The conditions of confinement at the Jail and Defendants' deliberate indifference to those conditions, as well as their policies and practices in administering and overseeing the Jail, considered both discretely and in their totality, constitute cruel and unusual punishment in violation of plaintiffs' rights under the Eighth and Fourteenth Amendments to the United States Constitution, as enforced through 42 U.S .C. § 1983 .
Count II - Violation of Due Process of Law 52 . The conditions of confinement at the Jail and Defendants' deliberate indifference to those conditions, as well as their policies and practices in administering and overseeing the Jail, considered both discretely and in their totality, constitute a denial of due process of law in violation of plaintiffs' rights under the Fourteenth Amendment to the United States Constitution, as enforced through 42 U.S.C . § 1983 .
Count III - Overdetention 53 . The failure of the Defendant sheriff and his staff to release individuals promptly upon notification that there is no longer a basis for holding them violates
23

Case 1:04-cv-01416-MHS Document 96 Filed 01/09/2006 Page 24 of 28 Case 1 :04-cv-01416-MHS Document 86-2 Filed 11f28/2005 Page 24 of 28
the Plaintiffs' rights under the Fourth, Eighth and Fourteenth Amendments to the United States Constitution, as enforced through 42 U .S .C. § 1983 .
Court IV - Failure of Fulton County Defendants to properly maintain and operate the Jail
54 . The failure of defendants Fulton County and the Fulton County Board of Commissioners to properly maintain, operate, and fund the Jail to "maintain the inmate, furnishing him food, clothing and any needed medical and hospital attention" violates plaintiffs' rights under O .C .G.A. § 42-5-2 .
Count IV - Failure of Sheriff to Provide Secure, Safe and Sanitary Conditions, Medical Care and to Remove Inmates
55 . The failure of the Defendant sheriff to provide secure, safe and sanitary conditions of confinement, to provide timely and sufficient medical care for inmates, and to remove inmates from the Jail and commit them to the jails of nearby counties because the Jail has become unsafe violates plaintiffs' rights under O.C .G .A. §§ 42-4-4 (a)(1)-(2), and 42-4-5 (a)(3) .
PRAYE R FOR RELIEF WHEREFORE, Plaintiffs respectfully pray that this Court: 1 . Assume jurisdiction over this action ;
24

Case 1:04-cv-01416-MHS Document 96 Filed 01/09/2006 Page 25 of 28 Case 1 :04-cv-01416-MHS Document 86-2 Filed 11/28/2005 Page 25 of 28
2. Order that this case may be maintained as a class action pursuant to Rule 23(a) and 23(b)(2) of the Federal Rules of Civil Procedure ;
3 . Declare unconstitutional and unlawful the conditions of confinement and treatment of inmates at the Jail ;
4 . Enter a permanent injunction requiring the Defendants, their successors, agents, employees, and all persons acting in concert with them, to take immediate steps to provide inmates with a safe, secure and sanitary environment, including but not limited to the following : (1) require the Defendants to employ adequate number of trained staff as needed to operate the Jail properly, to protect the inmates from assaults, to respond to emergencies, to escort inmates to the infirmary, and to accompany nurses on the floors for distribution of medication ; (2) require the Defendants to replace or repair and maintain, as is appropriate, the plumbing, electricity, air handling and laundry ; (3) require the Defendant to release people promptly from the Jail upon notification that a court has ordered their release, that they have made bond, that their cases have been dismissed or any other notification that the Jail no longer has a legal basis for holding them ; and (4) prohibit the Defendants from housing three inmates to a cell or having any inmate sleep on the floor.
25

Case 1:04-cv-01416-MHS Document 96 Filed 01/09/2006 Page 26 of 28 Case 1 :04Wcv-01416-MHS Document 86-2 Filed 11/28/2005 Page 26 of 28
5 . Award plaintiffs costs of this lawsuit and reasonable attorney's fees ; and, 6 . Order such additional relief as the Court may deem just and proper . Respectfully submitted this 28th day of November, 2005 .
Stephen B . Bright Georgia Bar No : 082075 Joshua R. Lipman Mississippi Bar No : 101399 Vanessa Buch Georgia Bar No : 092122 Southern Center for Human Rights 83 Poplar Street, N .W. Atlanta, Georgia 30303-2122 Telephone : 404/688-1202 Facsimile : 404/688-9440 John F. Sweet GA Bar No . 694950 Clements & Sweet, P .C. 175 Trinity Avenue, S .W. Atlanta, Georgia 30303-3618 Telephone : 404/688-6700 Facsimile : 404/688-6703
Attorneys for the Plaintiffs
By s/Stephen B . Bright
26

Case 1:04-cv-01416-MHS Document 96 Filed 01/09/2006 Page 27 of 28 Case 1 :04-cu-01416-MHS Document 86-2 Filed 1112812005 Page 27 of 28
CERTIFICATE OF COMPLIANCE I, Stephen B . Bright, do hereby certify that the foregoing document has been prepared in 14-point Times New Roman font and complies with LR 5 .1B. This 28th day of November, 2005 .
s/Stephen B . Bright
CERTIFICATE OF SERVICE Y, Stephen B . Bright, do hereby certify that on this day I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system on November 28, 2005, which will send notification to counsel for the Defendants :
Overtis Hicks Brantley Georgia Bar No : 351350 Paula Morgn Nash Georgia Bar No : 52884 Office of the Fulton County Attorney Suite : 4038 141 Pryor Street, S .W . Atlanta, Georgia 30303 Telephone : 404/730-7750 Facsimile : 404/730-6324
27

Case 1:04-cv-01416-MHS Document 96 Filed 01/09/2006 Page 28 of 28 Case 1 :04-cv-01416-MHS Document 86-2 Filed 11/2812005 Page 28 of 28
Teresa Wynn Roseborough Georgia Bar No : 614375 Sutherland, Asbill & Brennan LLP 999 Peachtree Street, N .E. Atlanta, Georgia 30309-3996 Telephone : 404/853-8000 Facsimile : 404/853-8806
Attorneys for Fulton County Defendants
Theodore H . Lackland Georgia Bar No : 431055 Lackland & Associates, LLC 230 Peachtree Street, N .W . Suite 1150 Atlanta, Georgia 30303-1562 Telephone : 404/ 522-8155 Facsimile : 4Q4/ 522-7355
Attorney fog the Fultan County Sheriff
John C . Jones Georgia Bar No : Senior Assistant Attorney General 40 Capitol Square, S .W. Atlanta, GA 30334-1300 Telephone : 404/656-3356 Facsimile : 404/651-5304
Attorney for Commissioner Donald and the Georgia Department of Corrections
This 28th day of November, 2005 .
s/Ste hen B . Bright
28

 
 Case 1:04-cv-01416-MHS Document 124 Filed 10/25/2006 Page 1 of 9

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION

_______________________________

)

FREDERICK HARPER, individually )

and on behalf of all present )

and future inmates in the

)

Fulton County Jail in Atlanta, )

Georgia,

)

)

Plaintiff,

) CIVIL ACTION FILE

)

v.

) NO. 04-CV-1416-MHS

)

DEPUTY TYRONE BENNETT,

)

individually; and FULTON COUNTY,)

GEORGIA; FULTON COUNTY BOARD OF )

COMMISSIONERS, KAREN HANDEL, )

Chairperson, ROB PITTS, EMMA I. ) DEFENDANT FULTON COUNTY’S

DARNELL, WILLIAM EDWARDS, TOM ) FIRST STATUS REPORT

LOWE, NANCY BOXILL, members, in )

their official capacities;

)

)

Defendants,

)

)

MYRON FREEMAN, Fulton County )

Sheriff, in his official

)

capacity,

)

)

Defendant and Third Party )

Plaintiff,

)

)

v.

)

)

JIM DONALD, Commissioner

)

Georgia, Department of

)

Corrections in his official

)

capacity,

)

and the GEORGIA DEPARTMENT OF )

CORRECTIONS,

)

)

Third-party defendants. )

______________________________ )

Case 1:04-cv-01416-MHS Document 124 Filed 10/25/2006 Page 2 of 9
DEFENDANT FULTON COUNTY’S FIRST STATUS REPORT COMES NOW, the Fulton County Attorney, on behalf of Defendants Fulton County, Georgia and the Fulton County Board of Commissioners (collectively “Fulton County”) and files this Interim Status Report. This report addresses Fulton County’s ongoing efforts to reach full compliance with the Consent Decree approved by the Court on February 6, 2006. Although not required by the Consent Decree to submit an interim report, Fulton County acknowledges the importance of periodically informing the court about its efforts to meet the standards established by the Consent Decree. In support of the report, Fulton County shows the following: Fulton County is making significant progress in addressing the many provisions of the Consent Order. There is demonstrable improvement in the administration and maintenance of the Fulton County Jail. The Consent Order includes in excess of one hundred separate paragraphs that outline Fulton County’s responsibilities. In response to those provisions, Fulton County has approriated additional funding to the Sheriff’s Office and developed new strategies, policies and procedures for improving safety at the Jail, monitoring the inmate population, and maintaining a liveable environment.
- 2 -

Case 1:04-cv-01416-MHS Document 124 Filed 10/25/2006 Page 3 of 9
A. The Mechanical, Elevator, and Plumbing Project Several provisions in the Consent Order require the
replacement, repair, and preventative maintenance of the mechanical, elevator, and plumbing (“MEP”) systems in the Jail. Fulton County’s General Services Department (“GSD”), supervises and coordinates the effort to bring the Jail into compliance in these areas.
On July 1, 2006, Fulton County entered into a contract with Johnson Controls, Inc., to make mechanical, elevator, and plumbing improvements at the Jail. Johnson Controls also provides ongoing preventative maintenance through an operations and maintenance (“O & M”) contract. Inside approximately three (3) months time, Johnson Controls has made notable improvement to the Jail’s maintenance and facilities, as set forth below.
Fulton County replaced a collapsed section of the Jail sewer system and reset a section of sewer line that was built improperly during the initial construction of the Rice Street facility. Seventy-three (73) cell and dayroom windows (which were broken previously due to vandalism by inmates) have been replaced. Additionally, many of the Jail cells have been retrofitted with stainless steel toilet fixtures, as opposed to the standard, and more fragile, ceramic fixtures. These new fixtures will lead to a decreased number of inoperable toilets,
- 3 -

Case 1:04-cv-01416-MHS Document 124 Filed 10/25/2006 Page 4 of 9
and therefore, an increased number of cells that can be properly used to house inmates.
The total contract value approved by Fulton County for Jail upgrades under the MEP project is $55,436,480.00. Johnson Controls will redo the Jail’s heating, ventilation and airconditioning system, install all new elevator controls, and digitalize the housing controls for easier use by detention officers. The total value of the O & M contract for the period of October 1, 2005 to September 30, 2006 is $4,625,144.00. Of that amount, $3,000,000.00 is dedicated to maintaining monthly services at the Jail and approximately $1,600,000.00 is allocated to a contingency fund for unforeseen emergencies.
The overall environment of the Rice Street facility has been enhanced by virtue of several ongoing initiatives. These initiatives include, but are not limited to: developing policies and procedures for maintaining the sanitation and environmental cleanliness of the Jail; increasing the number of staff dedicated to carrying out routine maintenance; maintaining toilets, showers, and sinks in working order; and decreasing response time to sewage leaks and other issues arising from the city’s antiquated waste disposal system. Moreover, Fulton County has deployed an environmental health specialist from its Health Department who is stationed on-site at the Jail to act as
- 4 -

Case 1:04-cv-01416-MHS Document 124 Filed 10/25/2006 Page 5 of 9
a liaison between the Sheriff’s Office and Fulton County to ensure that the Jail meets state and county health codes. B. Courtroom Management
Many of the challenges involved in running the Fulton County Jail are derived from the ever-increasing population of inmates that are placed in the Sheriff’s custody by the many municipal law enforcement agencies located within Fulton County. The criminal justice agencies of Fulton County have coordinated an effort to streamline the process in which detainees are brought to first appearance. Beginning in late 2005, Fulton County has conducted Misdemeanor First Appearance Hearings at the Rice Street Jail facility. Additionally, a third courtroom has been constructed at the Jail, and the State and Superior Court judges now have the ability to use a technologically advanced video conferencing system to conduct their hearings.
The State Court has expanded the hours of operations for its courtroom located at the Jail, now holding hearings twice daily Monday through Friday at 8:00 a.m. and 6:00 p.m., as well as Saturday at 1:00 p.m. The State Court All Purpose Hearings have been conducted at the Jail since May 15, 2006. The State Court’s change to evening hours has helped move a greater number of cases through the system at a faster, more efficient pace.
The Superior Court is leading the effort to reduce inmate
- 5 -

Case 1:04-cv-01416-MHS Document 124 Filed 10/25/2006 Page 6 of 9
transportation issues and facilitate the timely release of inmates. Felony first appearances are held regularly at the Jail. Also, the Superior Court, in conjunction with the District Attorney’s Office and the Office of the Public Defender, has developed a “Non-complex” criminal case calendar, which identifies quickly those felony cases best suited to be fast-tracked toward disposition. These efforts all contribute to lowering the number of inmates in the Jail and reducing the amount of time low-risk detainees spend in the system before their charges are presented to a judge. C. Long-Term Jail Feasibility Study
In June 2006, Fulton County contracted with The Facility Group, Inc. to conduct a Planning and Needs Assessment Study for the Jail. The Facility Group is expected to submit its report to the Fulton County Board of Commissioners in late October 2006. The report will provide a strategy for meeting Fulton County’s long range, mid-range, and short term goals regarding the management of its inmate population. The report will provide an overview of Fulton County’s criminal justice system, as well as an inventory and assessment of the current Jail facilities.
The Facility Group will analyze historical inmate population data from a ten (10) year period. From this
- 6 -

Case 1:04-cv-01416-MHS Document 124 Filed 10/25/2006 Page 7 of 9
analysis, it will provide a detailed projection and description of future inmate populations for the next twenty-five years, space and operational requirements for the Jail, projected facility and operational costs, as well as recommendations to alleviate overcrowding. Further, the study will provide a much needed review of the current and future housing needs of the Jail’s mentally ill inmate population. D. The Board of Commissioners’ Recent Appropriations and
Upcoming Personnel Actions This year the Board of Commissioners appropriated $6,000,000.00 to outsource inmates to other correctional facilities. Inmates currently are housed at Jail facilities in the City of Atlanta, Dekalb County, Cook County, Pelham County and Decatur County. The outsourcing of inmates has assisted the Jail in reducing its population. Moreover, the Sheriff will begin implementation of his staff reorganization plan as part of Fulton County’s October Budget soundings. The Sheriff’s Office will seek Board approval to abolish approximately 30 supervisory positions to create more entry level positions. This personnel action will give the Sheriff more sworn entry level staff to directly supervise inmates at the Jail and assist the Sheriff’s Office in complying with the staffing requirements in the Consent Decree.
- 7 -

Case 1:04-cv-01416-MHS Document 124 Filed 10/25/2006 Page 8 of 9
CONCLUSION Fulton County is committed to operating a constitutionally adequate facility that provides inmates with basic life necessities. Fulton County continues to take proactive steps to identify and correct any deficiencies which may exist at the Jail and to support the Sheriff’s Office in its efforts to comply with the Consent Decree. The parties have made significant progress toward compliance within the last several months and remain confident that the Court Monitor’s upcoming report will both reflect and concentrate on our efforts to provide a constitutionally adequate Jail. This 25th day of October, 2006.
Respectfully Submitted, Overtis Hicks Brantley Fulton County Attorney Georgia Bar No. 351350 /s/ Paula Morgan Nash Paula Morgan Nash Georgia Bar No. 528884
OFFICE OF THE COUNTY ATTORNEY 141 Pryor Street Suite 4038 Atlanta, Georgia 30303 (404) 612-0246 (office) (404) 730-6540 (facsimile)
- 8 -

Case 1:04-cv-01416-MHS Document 124 Filed 10/25/2006 Page 9 of 9

CERTIFICATE OF SERVICE I hereby certify that on this 25th day of October, 2006, I

electronically filed the foregoing DEFENDANT FULTON COUNTY’S

FIRST STATUS REPORT with the Clerk of Court using the CM/ECF

system, which will automatically send e-mail notification of

such filing to the following attorneys of record:

Stephen B. Bright John C. Jones

Theodore H. Lackland Sidney Leighton Moore

/s/ Paula Morgan Nash Paula Morgan Nash Georgia Bar No. 528884
OFFICE OF THE COUNTY ATTORNEY 141 Pryor Street, S.W., Suite 4038 Atlanta, Georgia 30303 (404) 730-7750 (Office) (404) 730-6324 (Facsimile)

- 9 -

 
 Case 1:04-cv-01416-MHS Document 120 Filed 10/11/2006 Page 1 of 10

Second Quarterly Report Of the Court Monitor

FILED IN CHAMBERS U.S.D.C. Atlanta OCT 11 Z006

RE: Harper, et al. v. Fulton County et a/.
CIVIL ACTION NO. 04-CV-1416-MHS

JAMES N. HATIEN. Clerk

8Yo-~

Deputy Cieri<

Introduction
This report covers the period from late May through September 2006. It is based on a visit to the jail on June 28 and 29 and another during the week of September 18 to 22. It also relies on e-mails, telephone calls, and correspondence from prisoners, attorneys, jail staff and Fulton County officials and a review of various documents provided to me. It is submitted in accordance with the requirements of Section V of the above-cited Consent Order.
The report, like the first one, will be organized around the major
topics contained in the Consent Order but it will have a chronological
dimension as well. My understanding of the strengths and weaknesses of the jail's organizational structure evolved during this period and this has led me to conclusions that were not so apparent three months ago.
During my first inspection of the jail in late March 2006, I had a long
meeting the Sheriff, his attorney, and the jail's management staff to discuss frankly how we would work together to meet the reporting and compliance requirements of the consent order. At the end of the meeting two things were clear. Having a court monitor could be helpful, but only if there were candor and complete honesty; acknowledging problems would be a necessary step in solving them. Secondly, we agreed that we would have to experiment with the mechanics of collaborating, most of the time from a distance.
We began with a fairly unstructured process of telephone calls and e-mails about various reporting and compliance issues, mostly between the court monitor and Charles Felton, the Chief Jailer, although several other staff members also called directly to report problems or seek advice.
It was quickly apparent that more structure was required so first a weekly,
and then a monthly, e-mailed written report from the Chief Jailer, sent through the Sheriff's attorney, became the vehicle.

Case 1:04-cv-01416-MHS Document 120 Filed 10/11/2006 Page 2 of 10
When a report was received, I would respond with comments or questions, sometimes with criticisms, and frequently with long and fairly detailed "how to" suggestions about particular problems. The purpose of the responses was to encourage a more disciplined way for the jail to report progress but also to help sharpen their own problem- solving skills. A pattern had emerged of just describing problems without moving toward solutions.
It was hoped that the "dialogue" created by reports from the jail and responses from the monitor would involve jail staff in finding solutions and quicken progress toward compliance. Whether it did that at all is far from certain, but it may have shed light on impediments to compliance that are broader and require different strategies to surmount. In evaluating compliance with major components of the consent order, I will, from time to time, refer to the dialogue that has occurred, whether in written reports and comments or in actual discussions and observations. I hope this will add flesh to the skeleton of the report's conclusion.
Overcrowding and Population Management
The Consent Order requires the Sheriff to manage the inmate population in such a way that no inmate is required to sleep on the floor and no more than two inmates are housed to a cell. It also imposes a capacity of 2250 at the main facility on Rice Street, 200 at Bellwood and 100 at Marietta. During this reporting period the jail managed to eliminate housing more than two inmates to a cell and much of the time has remained below capacity, if barely. I am not aware that any inmate was required to sleep on the floor.
Outsourcing, or boarding prisoners at other facilities, remains the main component of the jail's population management "plan", On a given day somewhere between 300 and 400 of Fulton County's roughly 3,000 inmates are housed in jails in Cook, Decater and DeKalb counties, the Pelham city jailor in the Atlanta city jail, the latter accounting for nearly half of the current outsourcing capacity.
There has been only a small increase in the use of outsourcing in the last several months and getting more beds in the existing jails seems
2

Case 1:04-cv-01416-MHS Document 120 Filed 10/11/2006 Page 3 of 10
unlikely. The possible expansion of outsourcing has been raised frequently, but a real plan has never emerged. For example, a June compliance report to the monitor announced the encouraging news that, in addition to existing outsourcing counties, Clayton County was expected to provide an additional 200 beds. In my comments on that report, I suggested that an analysis was needed to determine the feasibility of using the Laramore jail (which had also been discussed) or the old Clayton County jail, including estimates of potential bed capacity, additional staffing requirements, possible operating problems etc. The next report on June 20 did not mention the Laramore jail but indicated that a "very productive" meeting had been held with the Sheriff of Clayton County about housing an additional 192 prisoners in the main jail but "... not the old jail that was previously discussed."
Since then the jail's reports to the monitor have made no further mention of Clayton County. Whatever information I have about further negotiations (and controversy) in Clayton County was not provided by the Sheriff or his staff but gleaned from media reports. The same is true about negotiations for possible beds in Polk County. If the Sheriff has a comprehensive plan for population management I have not seen it.
In mid-August I repeated my concern about overcrowding at the jail. For one thing, during July and most of August when the jail had managed to stay below the cap, it was running at or above 90 percent of the 2250 main jail capacity even with a newly focused effort to process prisoners more quickly. With such a high occupancy rate, the unpredictability of the jail's population caused the jail to constantly risk exceeding the courtmandated capacity. Indeed, on August 29 it did go over the cap and was over it again for several days in mid September. It continues to run precariously close to that edge and it will probably take an additional 200 beds to allow it to operate safely below the court-ordered capacity.
But there is a second, even more pressing need to have a solid population management plan in hand. In less than six months the MEP, a massive reconstruction project also mandated in the Consent Order, will require that one floor of the jail be vacated with a loss of 300 to 400 beds; this shortfall is expected to continue for the next two years. By March of next year, then, Fulton County will need approximately 600 additional beds
to comply with the jail's population requirements. Even if expanded
outsourcing could compensate for some of the deficit, and even if a site for the rest of these additional beds were identified and authorized today, it would be difficult, in such a short time, to complete the recruitment, hiring,
3

Case 1:04-cv-01416-MHS Document 120 Filed 10/11/2006 Page 4 of 10
and training of staff necessary to open what is the equivalent of another good-sized jail
The various pieces of a workable population management plan seem to exist. What is lacking is the capacity to conceptualize the problem and then persistently pursue and assemble the components into a comprehensive solution. This may require a way of thinking and leading that we have not seen thus far, but until it happens efforts to comply with the population requirements of the Consent Order will continue to founder.
Inmate Releases
The timely release of prisoners is obviously one component of managing population but it is also a particular element of the Consent Order and so is dealt with separately here. The first requirement is that the Sheriff provide for the release of inmates from the jail within a reasonable amount of time, not to exceed 24 hours after the inmate becomes eligible for release. The second is a reporting requirement. The Sheriff must report monthly to the court and the parties the names of all inmate detained for longer than 24 hours after becoming eligible for release, how long they were detained after becoming eligible, and the reason the detention exceeded 24 hours. Until recently, the Sheriff failed to comply with both requirements.
As early as the first written report from Chief Charles Felton in May it was evident that a whole range of glitches conspired to slow down the release process. Delays were blamed on inaccurate or incomplete disposition information, disruptions in the GCIC network, shortages of staff in the records room and release station, and a need for additional workstations as well as more GCIC lines and printers. Chief Judge Doris Downs began working with judges and court officials to streamline and standardize procedures.
The report to the monitor indicated that there were eight inmate held beyond 24 hours during the week ending June 3, all but one of them because of untimely processing of information. During the next two weeks, however, it was reported that seventy-five inmates were not released within the 24-hour period, with staff shortages cited as a major reason. The need for changes to the records room and more workstations and terminals were noted once again.
4

Case 1:04-cv-01416-MHS Document 120 Filed 10/11/2006 Page 5 of 10
During this time, while a variety of people searched for ways to reduce delays, there were no monthly reports to the court and the parties as required by the Consent Order. In fairness, some staff may have thought that the occasional inclusion in reports to the monitor of information regarding delayed releases would substitute for the formal reporting requirement, but a letter from plaintiffs' counsel complaining about the lack of reports put that misperception to rest The ongoing efforts of court personnel and jail staff to fix the problem, bolstered by the letter and media reports of long delays, moved the issue to center stage where it is now receiving priority attention.
On September 12 the first comprehensive, monthly report was sent to the monitor and the parties. It listed 36 inmates who had been improperly held beyond 24 hours during August and listed a variety of reasons. Although I have not yet received the monthly report for September, interim reports suggest that the delays have been reduced even more. It was reported that no inmates were improperly held beyond 24 hours during the most recent two weeks for which I have information.
Certainly this improvement needs to be sustained and the results verified but I credit the efforts of the Sheriff, jail staff, court officials and others who are working hard to regain control of this long-standing problem. The results, though long overdue, are nonetheless praiseworthy. Once the problem was identified the Sheriff gave high priority to solving it. The jail's resources were focused so that enough highly motivated staff were assigned to the task, supported, and closely supervised; the remodeling of workspace and the installation of more workstations and GCIC lines was accelerated. The results, thus far, are encouraging.
Jail Admissions
Controlling intake at the jail is another dimension of population management that deserves attention. Many believe that certain minor offenders don't need to be brought to the jail at all. Rather they could be given a copy of the charges and scheduled for a court appearance at a later date. Some contend that no one should be accepted at the jail without a warrant and others that misdemeanants should not go to the jail
except those arrested for Driving Under the Influence or domestic abuse
and then only with a warrant.
5

Case 1:04-cv-01416-MHS Document 120 Filed 10/11/2006 Page 6 of 10
It is not clear how much changes in admissions practices would affect the population at the jail since most minor offenders spend only a short time there in any case, but it would likely have a significant impact on intake and court processing of prisoners. It deserves careful examination.
I would recommend that the Court convene a meeting of the attorneys in this case, representatives of the local judiciary, and others who are concerned and knowledgeable about this issue in order to seek their advice regarding useful and appropriate actions which the Court might take to address the matter.
Maintenance and Physical Plant Issues
General Services staff members, who are responsible for maintenance and physical plant projects at the jail continue to be cooperative and responsive to the requirements of the Consent Order. A new Environmental Health Supervisor has been hired and is conducting fair and objective assessments of physical plant deficiencies that can lead to specific remedial action and establish a verifiable track record.
Work on replacing the grates continues as does the task of repairing the locks and upgrading the CCTV (closed circuit television) system. The contractors' trailers are in place and work is beginning on the MEP (Mechanical, elevator and plumbing) project.
No particular problems were identified in this area during this reporting period. The next Quarterly Report will discuss this area more extensively.
Sanitation and ACA Accreditation
Although these are not specific Consent Order items, it should be pointed out that the general appearance and cleanliness of the jail remain good. Just prior to my last visit the jail hosted a visit from a three-member ACA (American Correctional Association) accreditation team. Accreditation requires the maintenance and updating of policies and procedures that cover most of the function of a jail. The jail received very good scores from the accreditation team and all those who worked hard to prepare for the visit should be congratulated. The jail had been accredited
6

Case 1:04-cv-01416-MHS Document 120 Filed 10/11/2006 Page 7 of 10
previously; visits like these are required every three years for the purpose of renewing the accreditation
Staffing and Security
The Consent Order has several provisions that address staffing of the jail. Specifically, it requires that the Sheriff assign at least three officers to supervise inmates in the six cellblocks on each side of each floor. It further directs that one supervisor be stationed on each floor and another officer in the tower. It also requires the Sheriff to report to the Court monthly when there are fewer than three officers and give the reasons for the deficiency. To my knowledge, the jail has never complied with these requirements
The centrality of staffing -related issues in the Consent Order reflects the importance of staffing to the successful operation of the jail itself. From the very beginning there have been vigorous discussions about staffing and the problems related to it. In late May it was reported that John Gibson, the former jail receiver whom the Sheriff had hired as a consultant, had "... developed a staffing program that assigns three officers to the housing floors." The program was originally scheduled to begin on June 15 but was delayed until June 28.
By coincidence, I was visiting the jail on the day the new staffing program was implemented. Even before the program began, there had been complaints from staff that their input was not sought or accepted and that parts of the plan were not workable. I was aware that changes in a tightly structured organization like a jail can cause strong reactions, so a certain level of skepticism did not surprise me. As it turned out, however, many of the concerns were not unfounded.
A stated objective of the new program was to ensure that there would be three officers on the housing floors as the Consent Order required. On the day the program went into effect I visited four housing floors and none of them had the required number of officers. Moreover one of the officers, who was newly assigned to the tower but had never worked the post before, had to repeatedly ask the sergeant how to perform various tasks. We searched the area for a copy of the Post Orders, a set of written instructions that are supposed to be available at all posts, but none could be found. When I visited the kitchen I found supervisory staff that had stayed on for eight hours beyond the end of their regular shift so
7

Case 1:04-cv-01416-MHS Document 120 Filed 10/11/2006 Page 8 of 10
that meals could continue to be prepared and delivered even with a group of newly assigned staff who had no food service experience. I visited other areas of the jail where there was confusion and some where I thought there should have been more security.
I understand that problems are to be expected on the first day of a new staff deployment program but, during the days and weeks that followed, it was clear that there were a great many more unintended consequences than anticipated. The jail is still not in compliance with the three officer staffing requirement on the housing floors.
In mid-September it was reported that John Gibson had completed an "overview and accounting of all personnel assigned to the jail in order to determine immediate and long term staffing needs." I was told that the Sheriff and his attorneys are reviewing the overview and I have not yet seen it. I have received a copy of the new "deployment plan" or roster, but like the last one it does not reflect a relief factor so one cannot determine actual staffing requirements for even the present operation. As noted above in the section on population management, a different distribution of inmates over the next two years will make planning for staffing needs even more critical and complex.
There is still no systemic staffing plan, which combines an analysis of the tasks to be done with a listing of the number and kind of staff positions needed to accomplish the tasks. Once a relief factor is calculated into those numbers (to account for vacations, sick leave, holidays, military service, training etc.) the analysis forms the basis for recruitment, training, deployment plans and budgeting. Despite repeated requests over the past three months, such a plan has not been forthcoming.
Feasibility Study
For the past several months, The Facility Group, an Atlanta architectural and planning firm, has been working on possible mid and long -term future plans for the Fulton County Jail. While this study is not required by the Consent Order, there are some obvious connections to issues like population management, which are part of the Order's focus.
Specifically, one tentative recommendations, which has been or soon will be presented to the County Commissioners, envisions reducing the population in the towers to about 1,800 and building a group of low rise, lower security dormitory facilities where Bellwood and Marietta are
8

Case 1:04-cv-01416-MHS Document 120 Filed 10/11/2006 Page 9 of 10
now located. Without getting into great detail, there appear to be some obvious areas of mutual interest between this planning effort and the jail's attempts to secure "outsourcing" beds for the jaWs excess population over the next two to three years.
I would encourage the coordination of these planning activities.
Management and Organizational Issues
While there is no section of the Consent Order with the above title, it would be foolish and dishonest to pretend that these issues have no bearing on the jail's ability to come into eventual compliance. From the beginning, there has been ambiguity about who is "in charge" at the jail. Even projects that have been "successful" like improving the appearance of the building and, recently, reducing release time have been accomplished using a crisis management model that ignores (and therefore weakens) the chain of command, which is at the heart of a jail's organizational structure.
I resist the temptation to analyze the organizational malaise at the jail because such analysis is beyond the scope of this report and, more importantly, is unnecessary. There can be (and is) disagreement about the fairness of personnel decisions or the assigning of blame or the taking of credit. But there can be no disagreement that all the turmoil has left deep and long lasting scars.
I had originally thought that technical assistance and "coaching" could help to unleash enough talent and energy among staff to build the jail's capacity to achieve compliance. Whether I exaggerated my own abilities or underestimated the magnitude of the task, I now realize that I was wrong. In that light, to continue that old strategy would be not just pointless but could interfere with beginning a different strategy, which I suggest below.
The jail has been a dysfunctional organization for so long that it is not possible to fix blame and that is not my intent here. Wherever the blame might lie, it is clear that the jail needs new leadership that can command respect and inspire loyalty without all the baggage of the
turbulent past. Unlike assigning blame, it is easier to determining where
responsibility lies for taking the next steps. The Sheriff's office is responsible for the jail and whatever the decisions necessary to correct deficiencies, they are his to make.
9

Case 1:04-cv-01416-MHS Document 120 Filed 10/11/2006 Page 10 of 10
I was brought to this task because I have had some experience observing what does and does not work in lots of jails and prisons around the country. Bringing that experience to bear on what I have seen over the past six months led me to the recommendation that follows. I offer it as a conclusion drawn, somewhat sadly, from those observations.
Recom mendation It is my recommendation that the Sheriff should initiate a nation-wide search to select a new administrator for the Fulton County Jail. The search should be conducted in collaboration with the Board of County Commissioners and in consultation with representatives of the local judiciary and criminal justice community. The search should seek an individual who is familiar with corrections and detention issues and who has the experience and demonstrated skills to successfully manage a large and complex organization like the Fulton County Jail. Since the operation of the jail is the statutory responsibility of the Sheriff, he would remain the appointing authority. It is important, however, that qualified candidates be confident that they will have enough freedom and political support, not just from the Sheriff but also from the larger community, that they can function productively and in a way that is consistent with accepted professional standards. October 8, 2006
Respectfully submitted,
Patrick D. McManus Court Monitor
10

 
 Case 1:04-cv-01416-MHS Document 183 Filed 06/22/07 Page 1 of 18

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF GEORGIA

ATLANTA DIVISION

_________________________________________

)

FREDERICK HARPER, et al. individually and )

on behalf of all present and future inmates in the )

Fulton County Jail in Atlanta, Georgia,

)

)

Plaintiffs,

)

) CIVIL ACTION

v.

) NO. 04-CV-1416-MHS

)

FULTON COUNTY, et al.,

)

)

Defendants,

)

)

MYRON FREEMAN, Fulton County

)

Sheriff, in his official capacity,

) PLAINTIFFS’

) MEMORANDUM

Defendant and Third Party Plaintiff

) ON COMPLIANCE

)

v.

)

)

JIM DONALD, Commissioner,

)

Georgia Department of Corrections,

)

in his official capacity; and the

)

GEORGIA DEPARTMENT OF

)

CORRECTIONS,

)

)

Third-party defendants.

)

_________________________________________)

Case 1:04-cv-01416-MHS Document 183 Filed 06/22/07 Page 2 of 18
PLAINTIFFS’ MEMORANDUM ON COMPLIANCE The Court has received responses to the Monitor’s Fourth Quarterly Report from the Sheriff and the County. The plaintiffs submit this memorandum with regard to the areas addressed by the Monitor to put certain matters on the record and to point out areas requiring attention by the Sheriff, the Monitor, and the Auditor. Plaintiffs do not ask for the Court’s intervention at this time, but will seek relief if problems regarding the safety and security of inmates and the absence of a functioning grievance system persist.
STAFFING AND SECURITY The staffing of the Fulton County Jail is of critical importance to the safety and security of both inmates and staff. Yet, as the Monitor points out in his report, the “Jail has never been in compliance with either the staffing or reporting requirements” with regard to staffing.1 The Monitor reports that from April 15 to April 22, the three
1. Monitor’s Report at 5. Paragraph 25 of the Consent Order provides: The Sheriff shall establish at least three positions for uniformed
officers to supervise the inmates in the six cellblocks on each side of each floor at the Rice Street facility on all shifts seven days a week. In addition, one supervisor shall be stationed on each floor and at least one person shall be stationed in the tower to observe the cellblocks on each side from the tower. The Sheriff shall report to the Court each month when there are fewer than three officers in a cellblock on any shift and the reason for there being fewer than three.
1

Case 1:04-cv-01416-MHS Document 183 Filed 06/22/07 Page 3 of 18
shifts were short an average of 17.9 positions.2 The Sheriff computes the numbers differently and asserts that the Jail was short only seven percent of the personnel required under the Consent Order.3
There are different ways to analyze the adequacy of staffing at the Jail. However, the plain language of the Consent Order requires that during each shift there shall be three uniformed officers on each floor on and one person in the tower at the main jail,4 five uniformed officers at the Bellwood annex and three uniformed officers at the Marietta annex.5 The plaintiffs have determined from the watch commander’s logs the actual staffing for each unit – not the number of officers assigned – for each shift.6 Once that is determined, it is a simple matter of whether a unit had the staffing required by the Consent Order.
2. Monitor’s Report at 6. 3. Fulton County Sheriff Myron Freeman’s Response to the Fourth Quarterly Report of the Court Monitor (May 22, 2007) (hereinafter “Sheriff’s Response”) at 10. 4. Consent Order, page 9, ¶ 25. 5. Id., page 10, ¶ 27. 6. This analysis does not include the separate provision for supervisors – one for each floor of the main jail, the Bellwood annex and the Marietta annex. As the sheriff acknowledges, the Jail has not had sufficient supervisory personnel to comply with the Consent Order.
2

Case 1:04-cv-01416-MHS Document 183 Filed 06/22/07 Page 4 of 18
Appended to this Memorandum as Exhibit A is a chart which reflects the number of staff deployed for each shift of each day from April 15 to April 22, the period which was a source of controversy in the Monitor’s Report and the Sheriff’s Response. On the first day, April 15, during the 7 a.m. to 3 p.m. shift, there was compliance with the requirements of the Consent Order on all 12 cellblocks at the main Jail – each was staffed with one person in the tower and three on the floor for a total of 4. The Marietta annex was staffed with three officers as required. But there were only 3 officers at the Bellwood annex instead of the five required by the Consent Order. Thus, 13 of the 14 units were fully staffed as required by the Consent Order.
That level of compliance was not maintained on the next shift – from 3 p.m. to 11 p.m. During that shift, only four of the 14 units were staffed as required. One cellblock in the main jail, 6-North, was staffed with only two officers instead of the four required. Nine units were short one person. During the 11 p.m. to 7 a.m. shift, half of the units were staffed as required. During the three shifts together, 24 units – 57 percent– were staffed in accordance with the Consent Order and 18 were not.
Exhibit A also shows that the Sheriff deployed 146 members of his staff on April 15, for the 168 positions required to staff each of the units as required by the Consent Order. That is 87 percent of the staff required. But even though the sheriff
3

Case 1:04-cv-01416-MHS Document 183 Filed 06/22/07 Page 5 of 18
filled 87 percent of the positions needed to staff the units, only 57 percent of the units were adequately staffed.
During the period of April 15 to April 22, staffing ranged from 88 percent of the units being staffed in accordance with the Consent Order on April 17 to only 48 percent of them in compliance on April 20. For the entire period of April 15 to April 22, 211 of the 336 units – 62.75 percent – were fully staffed in accordance with the Consent Order. See Exhibit A. As previously stated, this does not include the understaffing of supervisory personnel.
The Sheriff has been required by the Consent Order to “report to the Court each month when there are fewer than three officers in a cellblock on any shift and the reason for there being fewer than three.”7 This requirement is to report on the staffing of each unit, not a percentage of the personnel required.
The understaffing has had consequences beyond security on the cellblocks. Documents from the Jail indicate that inmates were not taken to Grady Hospital because of a shortage of staff and there are questions about whether inmates were returned from Grady to the Jail despite their need to remain at the hospital under a
7. Consent Order, paragraph 25.
4

Case 1:04-cv-01416-MHS Document 183 Filed 06/22/07 Page 6 of 18
doctor’s care. The Sheriff’s unit at Grady notified the Jail of a staff shortage on April 15; the Jail responded that it had no personnel to give.8
Regardless of how compliance is measured, there is no dispute that the Jail is understaffed. It was understaffed when this lawsuit was filed on June 22, 2004; it was understaffed when the Court approved the Consent Order on February 6, 2006; and it remains understaffed to this day. The Sheriff makes the point that he is in partial compliance in this regard, but this is the most crucial area requiring full compliance.
Full compliance is within reach. The Sheriff sought additional positions in January, informing the County Commission that he could be in compliance with the Consent Order by July. The Commission approved the positions. There have been other encouraging developments. The most important is that the entry level salary for a detention officer is being increased to $33,000, which will help the Sheriff attract more applicants and compete with other jurisdictions in hiring staff.
The Jail can and should be staffed in accordance with what the Sheriff agreed to and this Court ordered. If it is not so staffed by the end of the current quarter, intervention by the Court will be required to achieve compliance.
8. Fulton County Sheriff’s Department Jail Bureau, Shift Activity Report & Jail Deployment form, April 15, 2007, signed by Lt. Mays.
5

Case 1:04-cv-01416-MHS Document 183 Filed 06/22/07 Page 7 of 18
USE OF FORCE Although the Sheriff argues in his Response to the Monitor that use of force is not covered by the Consent Order, it is directly related to the understaffing at the Jail and relevant so long as the Jail is understaffed. The lack of enough officers in a cellblock may result in the use of tasers or pepper spray to compensate for lack of staff.9 These weapons may even be used to punish inmates who pose no immediate threat. The Monitor questions the lack of any review by the Use of Force Review Board between September 1, 2006 and March 31, 2007.10 The Sheriff responds that Directive 1.01 requires an inquiry by the Board only when “(a) the use of force . . . results in serious injury or death, (b) [there] is any discharge of a projectile from any weapon . . . and (c) [there] is a vehicle pursuit,” and that none of the 254 use of force reports forwarded to the Board required review under this Directive. This raises some serious questions about how the Board interprets the Directive.
9. For example, the supervising sergeant reported on November 4 that due to a staff shortage, he called the SORT team to respond to the behavior of Richard Glasco, an apparently mentally ill inmate. The SORT team shot Mr. Glasco with a taser.
10. Monitor’s Report at 9-10.
6

Case 1:04-cv-01416-MHS Document 183 Filed 06/22/07 Page 8 of 18
A number of inmates have been shot with tasers, an electroshock weapon, that fires a projectile into a person which delivers a powerful electric shock that causes great pain while disrupting nerve and muscle functions.11 The weapon can be lethal.12 Although plaintiffs do not know how many inmates were shot with tasers during the six-month period, it is known that one officer, Deputy Nancy Dallas, shot at least three inmates with tasers during the month of January alone.
Deputy Dallas shot Gabriel Tilman on January 10 for refusing to sit down and cursing while awaiting sick call.13 Deputy Dallas “dry stunned” Tamicea Smith on
11. See Amnesty International, Excessive and lethal force? Amnesty International’s concerns about deaths and ill-treatment involving police use of tasers, available at http://web.amnesty.org/library/index/engamr511392004.
12. Id. For example, James Borden died in Monroe County Jail, on November 6, 2003, after being stunned at least six times. Ray Austin died in the Gwinnett County Jail in September 2003 after being shocked three times with a taser. Frederick Jerome Williams also died in the Gwinnett County Jail in June 2004, after being shocked with a taser while being strapped into a restraint chair. Following William’s death, two Georgia police agencies (Macon Police Department and Forsyth County Sheriff’s Department) said they were suspending their use of tasers and a third (College Park Police Department) was reported to have shelved plans to purchase them.
13. Incident Report and related documents regarding the use of a taser against Gabriel Tillman, Fulton County Jail, Jan. 10, 2007.
7

Case 1:04-cv-01416-MHS Document 183 Filed 06/22/07 Page 9 of 18
January 16 because she would not take a shower.14 Inmate Smith, who is described
as a danger to herself, was reassigned to the medical unit after the incident.15
Deputy Dallas shot Larry Bridges twice with a taser on January 31, once when
he was handcuffed behind his back.16 Bridges was waiting to get his medications.
The nurse who distributed medication to inmates described what happened in a
written statement:
I, Nurse Blue, observed Deputy Dallas taze [inmate] Larry Bridges . . . for at least 3 minutes continuously. He was tazed while sitting down on the steps. This inmate was not being aggressive or abusive. I made my medication announcement and the [inmates] proceeded to line up . . . . Mr. Bridges proceeded to get up from the steps to receive his medication. Deputy Dallas told him not to get up, and he started to explain to her that he is on medication and was just getting up to get the medication. She did not allow him to get the medication. Mr. Bridges was tazed twice, the second time he was tased Mr. Bridges was seated and handcuffed. . . . I went over to see if he was OK and also try to give him his meds, and [Officer Dallas] . . . refused to allow me to give him his medication.17
Another nurse stated:
14. Incident report and related documents regarding the use of a taser against Tamieca Smith, Fulton County Jail, Jan. 16, 2007.
15. “Supervisory Taser International Use Report” regarding the use of a taser against Tamieca Smith, Fulton County Jail, Jan. 16, 2007.
16. Incident Report and related documents, including the Unit Manager’s Investigative Report, regarding the use of a taser against Larry Bridges, Fulton County Jail, Jan. 31, 2007.
17. Id., Statement of Nurse Blue.
8

Case 1:04-cv-01416-MHS Document 183 Filed 06/22/07 Page 10 of 18
I saw the inmate lined up with the other inmates to get his medication. Deputy Dallas . . . said be quiet and sit down. The inmate walked toward the stairs to sit down, the then deputy pulled out her taser gun and pointed the red light on the inmate, the deputy continued to yell at the inmate. The inmate went up about 3 steps and proceeded to sit down. Then without any notice to the people around, the deputy tased the inmate. The inmate hit his head on the step and rolled on the floor. The deputy cuffed the inmate and had him sit on the chair. The deputy stayed next to the inmate saying something to him. I heard the inmate say he was trying to get his medication. The deputy continued to yell at the inmate; then I saw the deputy put the taser gun on his back while he was handcuffed and sitting, and tased the inmate again.18
Deputy Manning-Moss who was also working on the unit reported:
I informed [Deputy Dallas] that I called for everyone to line up for medication call. The inmate was not irate nor speaking to her; he was in line trying to get his medication. She gave him a command regardless [of] me saying I told him to line up. Dep. Dallas insisted that he have a seat on the stairs. . . . The inmate complied to her request to sit on the stairs. I didn’t hear him curse her or call out any names. I did hear him say he was just trying to get his medication.
I was shocked when it happened. I did not think she was going to tase him, due to the fact no one was in danger nor was she in danger[;] he wasn’t aggressive towards her[;] he did as she asked.19
Deputy Manning-Moss felt that Deputy Dallas was “out of control.”20
The incident was reviewed by Lt. Walker-Stanley who reported:
18. Id., Statement of Nurse Latasha Barnes (emphasis added).
19. Id., Statement of Dept. H. Manning-Moss at 2-3.
20. Id., Statement of Deputy Manning-Moss at 3.
9

Case 1:04-cv-01416-MHS Document 183 Filed 06/22/07 Page 11 of 18
In my interview with Deputy Dallas, she failed to describe any type of threat to persons, property or to the jail which was posed by inmate L. Bridges. Statements submitted by various witnesses (Sworn officers, civilians and inmates) suggest that Deputy N. Dallas acted improperly. Additionally, the evidence shows that Deputy Dallas administered a shock to Inmate Bridges a second time, after he had been handcuffed. I found no evidence to suggest that Inmate Bridges became combative or acted in any manner tht would have suggested that he was a threat. Based on these facts, the use of force was not justified.21
It is hard to imagine how the Use of Force Review Board concluded that these
and other incidents22 did not meet the criteria of Directive 1.01, quoted above and in
the Sheriff’s Response. Surely, being shot with a taser is “serious injury.” A person
shot with a taser experiences muscle spasms throughout the body. The shock
interferes with the electrical system of the body, leading, in some instances, to
ventricular fibrillations which can cause cardiac arrest. And the firing of a taser into
an inmate is “discharge of a projectile from any weapon.” A taser is certainly a
21. Id., Unit Manager’s Investigative Report, Jan. 31, 2007, by Lt. L. WalkerStanley, at 2.
22. For example, Barry Jackson, a mentally ill man was damaging property in his cell on December 26 after attempting suicide earlier in the month . Two officers responded, opened the cell door and sprayed Mr. Jackson with chemical spray. Mr. Jackson was damaging property but he did not present a threat of violence to the officers or inmates. Tyrone Mullins, while being moved on January 8, expressed some concern about being moved to another floor because of his mental condition. He was directed to go into a cell, but refused to go in it. Again, although he presented no threat of violence or harm to staff or inmates, he was shot with a taser.
10

Case 1:04-cv-01416-MHS Document 183 Filed 06/22/07 Page 12 of 18
weapon, a very dangerous one that can cause serious injury or even death, and the electrode fired from a taser is “a projectile.”
The use of tasers and pepper spray should be reviewed not only to examine whether a use of force was required in a particular incident – such as whether it was necessary to shock inmate Bridges with a taser a second time while he was handcuffed behind his back – but to look forward at how they should be used in the future. Special attention should be given to the inappropriate or frequent use of the weapon by any one deputy, and a determination made and as to what officers should be allowed to use a taser. Finally, there is a need for review of the use of the weapon against inmates who do not present an imminent threat a violence or injury, particularly the mentally ill.
Thus, the plaintiffs concur with the Monitor’s finding of the “need to carefully examine every aspect of this issue”23 including the extent to which it is related to the shortage of staff.
RELEASES The plaintiffs agree that there has been significant improvement in the processing of releases by the Jail staff upon receipt of documentation that inmates are
23. Monitor’s Report at 10.
11

Case 1:04-cv-01416-MHS Document 183 Filed 06/22/07 Page 13 of 18
to be released.24 But problems remain. For example, counsel for Leroy Stokes notified plaintiffs’ counsel that the family of Mr. Stokes posted bond and submitted the necessary documents to the jail at 6 p.m. on Thursday, June 14. He was not released until after 9:30 p.m. the following day, three and a half hours beyond the 24 hour limit.
The Sheriff’s reporting of all delays, even those for which the Sheriff is not responsible, as required by the Consent Order, will contribute to identifying and remedying the problems at the courthouse. As the Sheriff points out, only 1.6 percent of inmates are not being released within the 24-hour requirement. (Only 22 of 1310 cases.) Hopefully, this means that reporting will not be too great a burden and that the reasons for that relatively small number of delays can soon be corrected.
GRIEVANCE PROCEDURES Much of what the Monitor said and the Sheriff responded to about the grievance procedure is now moot. However, the grievance system has not been working and needs immediate attention.
24. The extent of that improvement is not clear because plaintiffs have not received a report on releases since February 27, 2007. Previously reports had been received by e-mail every week.
12

Case 1:04-cv-01416-MHS Document 183 Filed 06/22/07 Page 14 of 18
The Consent Order provides in paragraph 102, “Grievance forms shall be available to inmates at all times.” They are not available. The members of the inmate class complain regularly that they cannot obtain grievance forms. Their difficulty in this regard was confirmed when plaintiffs’ paralegal visited one cellblock and asked for a grievance form. No one could produce one.
The Consent Order provides in paragraph 101 that information regarding “how to obtain additional forms, how to complete the forms, and submission of the forms” shall be “set out on a laminated document and posted in each of the cellblocks housing units in the Jail.” That has not occurred.
If there is to be any meaningful grievance system, information about it and grievance forms must be available at all times in all cellblocks. Plaintiffs urge the Auditor to monitor the availability of forms.
Grievance forms should be in duplicate so that the inmate can keep a copy of the grievance in order to follow up if there is no response and so that there is no dispute with regard to the date upon which it was filed, the compliant made and other pertinent information.
The Jail should maintain a log which reflects when each grievance is received and when it is resolved. The Auditor should review the log regularly and class
13

Case 1:04-cv-01416-MHS Document 183 Filed 06/22/07 Page 15 of 18
counsel should be permitted to inspect it. It is the only way to guarantee accountability and to measure the length of the grievance process.
Finally, the grievance procedure should be simple and grievances should be resolved expeditiously in order to be meaningful at the Jail where some inmates are there only weeks or months.
ACCESS TO DOCUMENTS The Consent Order provides in paragraph 110 that Plaintiffs counsel shall have “reasonable access” to “documents maintained at the Jail and the Jail facility.” There is no exception for matters “under investigation.” However, an assertion that incidents are “under investigation” has been used to deny plaintiffs access to documents. Plaintiffs have not received documents requested as long ago as September despite many requests. Since the Use of Force Review Board did not find any incident at the Jail in the last six months worthy of review, it is unclear what “investigation” is being carried out. As the Sheriff points out repeatedly in his response, having accurate information about the Jail operations is essential if issues are to be properly considered. Denying documents to plaintiffs’ counsel – or taking an extraordinarily
14

Case 1:04-cv-01416-MHS Document 183 Filed 06/22/07 Page 16 of 18
long time to provide them – is contrary to this objective as well as violative of the Consent Order.
CONCLUSION Much has been done in many areas covered by the Consent Order to improve the conditions at the Jail. The Sheriff and the County are to be commended for that progress. However, there remain areas where full compliance with the Order have not been achieved and, as set out herein, some are related to the safety and security of inmates and staff. Plaintiffs provide this information to the Court, the Monitor, and the parties to assist in identifying and addressing these problems and to encourage all parties to continue their diligent efforts to remedy these problems and bring the Jail into full compliance with the Order. Respectfully submitted this 22nd day of June, 2007.
STEPHEN B. BRIGHT GA Bar No. 082075 LISA KUNG GA Bar No. VANESSA BUCH GA Bar No. 092122 Southern Center for Human Rights 83 Poplar Street, N.W. Atlanta, Georgia 30303-2122 Telephone: 404/688-1202 Facsimile: 404/688-9440
15

Case 1:04-cv-01416-MHS Document 183 Filed 06/22/07 Page 17 of 18
JOHN F. SWEET GA Bar No. 694950 Clements & Sweet, P.C. 175 Trinity Avenue, S.W. Atlanta, Georgia 30303-3618 Telephone: 404/688-6700 Facsimile: 404/688-6703 Counsel for the Plaintiffs /s/ Stephen B. Bright Stephen B. Bright CERTIFICATE OF COMPLIANCE I, Stephen B. Bright, do hereby certify that the foregoing document has been prepared in 14-point Times New Roman font and complies with LR 5.1B. /s/ Stephen B. Bright Stephen B. Bright
16

Case 1:04-cv-01416-MHS Document 183 Filed 06/22/07 Page 18 of 18
CERTIFICATE OF SERVICE I, Stephen B. Bright, do hereby certify that on this 22nd day of June, 2007, I electronically filed the foregoing document with the Clerk of the Court using the CM/ECF system, which will automatically notify all counsel in this case of the filing of this document including
Overtis Hicks Brantley Rolesia Butler Dancy Willie Jake Lovett , Jr Coy J. Johnson, Jr Nwakaego Ijeoma Okparaeke
Counsel for Fulton County and the Board of Commissoners William Randall Turner
Counsel for Sheriff Myron Freeman John C. Jones Devon Orland Counsel for the Georgia Department of Corrections
/s/ Stephen B. Bright Stephen B. Bright
17

 
 Case 1:04-cv-01416-MHS Document 216 Filed 01/26/09 Page 1 of 3

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION

FREDERICK HARPER, et al., individually and on behalf of all present and future inmates in the Fulton County Jail in Atlanta, Georgia,

Plaintiffs, ~ CIVIL ACTION

V.

104- CV- 1416 -MHS

FULTON COUNTY, GEORGIA, et al.,

Defendants

MYRON FREEMAN, Fulton County Sheriff, in his official capacity,
Defendant and Third-party Plaintiff,
v.
JIM DONALD, Commissioner, Georgia Department of Corrections, in his official capacity, et al .,
Third-party Defendants .

AO 72A (Rev .8/82)

Case 1:04-cv-01416-MHS Document 216 Filed 01/26/09 Page 2 of 3

ORDER
The Court has received a report from the Monitor expressing concern over the County's decision to cut the Sheriffs FY09 budget to $93 .4 million . The Sheriff had requested $98 million, the same as the FY08 budget . The Monitor believes that the reduced budget is insufficient to enable the Sheriff to comply with the requirements of the Consent Decree .

The County Defendants' should be aware that it is their obligation to budget sufficient funds to enable the Sheriff to comply with all requirements set out in the Consent Decree . This obligation is unconditional . The Court will not consider revenue shortfalls or a general need to reduce spending as a justification for noncompliance with this obligation. The County Defendants executed the Consent Decree and they will be held to account if they fail to comply for any reason.

If the Sheriff believes that the County Defendants have appropriated insufficient funds for him to comply with the Consent Decree, then he should

AO 72A (Rev .8/82)

"'County Defendants" refers to Fulton County, the Fulton County Board of Commissioners, and the individual members of the Fulton County Board of Commissioners in their official capacities .
2

Case 1:04-cv-01416-MHS Document 216 Filed 01/26/09 Page 3 of 3
first notify the County Defendants and seek additional funding . If the necessary funding is not provided, then the Sheriff should notify the Court, and a hearing will be scheduled to determine whether the County Defendants should be held in contempt . If found in contempt, possible sanctions will include not only monetary fines but possible incarceration of individual defendants .
IT IS SO ORDERED, this day of Janua2009 . t
Mar4in oob, Senior Judge United to s District Court Northern strict of Georgia
3
AO 72A ( Rev . 8/82)

 
 Case 1:04-cv-01416-MHS Document 226 Filed 10/06/09 Page 1 of 3

UNITED STATES DISTRICT COURT 
 NORTHERN DISTRICT OF GEORGIA 

ATLANTA DIVISION 


FREDERICK HARPER, et aI., individually and on behalf of all present and future inmates in the Fulton County Jail in Atlanta, Georgia,
Plaintiffs,
v.
FULTON COUNTY, GEORGIA, et aI.,
Defendants.

CIVIL ACTION 1:04-CV-1416-MHS

THEODORE JACKSON, Fulton County Sheriff, in his official capacity,
Defendant and Third-party Plaintiff,
v.
JIM DONALD, Commissioner, Georgia Department of Corrections, in his official capacity, et aI.,
Third-party Defendants.

Case 1:04-cv-01416-MHS Document 226 Filed 10/06/09 Page 2 of 3
ORDER
Mter more than three"and"a-halfyears ofefforts to achieve compliance with the Consent Order in this case, the Sheriff has failed to adequately address the central problem facing the Fulton County Jail: overpopulation. As the Monitor noted in his latest report: "Addressing future inmate population needs of Fulton County is of the highest priority in order to fully comply with the Consent Decree." Eleventh Quarterly Report at 7 (July 22, 2009). For years, the number of inmates has exceeded the number of available beds at the Rice Street facility. Rather than addressing this problem head"on, the Sheriff has opted to spend millions of dollars housing inmates at other jails. This outsourcing of inmates is not a viable solution to the population problem. It is unfair to the inmates, who are often housed far from their families and their attorneys. And it is unfair to the taxpayers of Fulton County, who are required to pay the exorbitant costs of outsourcing because their elected officials have failed to plan for adequate jail space. The Court recognizes that Fulton County, as well as the Sheriff, has an important role to play in providing adequate jail facilities for Fulton County inmates. But it is the Sheriffs obligation, as the elected official directly responsible for the jail, to take the lead in attacking this problem.

Case 1:04-cv-01416-MHS Document 226 Filed 10/06/09 Page 3 of 3
Accordingly, the Court ORDERS the Sheriff to file with the Court within thirty (30) days of the date of entry of this order a report explaining in detail the steps he is taking to eliminate inmate outsourcing and provide adequate space for all Fulton County inmates in the Fulton County Jail. The report shall include, but not be limited to, the Sheriffs proposals regarding acquisition of the Atlanta City Detention Center, a step that was recommended by the American Correctional Association in a Final Report dated September 8, 2009, issued pursuant to a Feasability Study commissioned by the Office of the Fulton County Attorney. The report shall also spell out the Sheriffs position on the Fulton County Jail Complex Master Planning Report dated February 16, 2009, and the steps he is taking to see that an appropriate jail master plan is implemented.
if!:, 

IT IS SO ORDERED, this 1> day of ctober,
3 


 
 Case 1:04-cv-01416-MHS Document 235 Filed 01/04/10 Page 1 of 17

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION

FREDERICK HARPER, et al.,

:

individually and on behalf of all present :

and future inmates in the Fulton County :

Jail in Atlanta, Georgia

:

:

Plaintiffs,

:

:

v.

:

:

FULTON COUNTY, GEORGIA, et al., :

:

Defendants.

:

:

THEODORE JACKSON, Fulton

:

County Sheriff, in his official capacity, :

:

Defendant and Third-party

:

Plaintiff,

:

:

v.

:

:

JIM DONALD, Commissioner, Georgia :

Department of Corrections, in his

:

official capacity, et al.,

:

:

Third-party Defendants.

:

CIVIL ACTION NO. 1:04-CV-1416-MHS

REPORT OF DEFENDANT THEODORE JACKSON Comes now Defendant Theodore Jackson, Fulton County Sheriff (“Sheriff

Jackson”), and, pursuant to the Court’s October 6, 2009 Order, submits his Report

to the Court describing the steps he is taking to eliminate inmate outsourcing and

to provide adequate space for all Fulton County inmates.

Case 1:04-cv-01416-MHS Document 235 Filed 01/04/10 Page 2 of 17
I. Current Population Figures On December 27, 2009, Fulton County housed a total of 2,715 inmates. Of
these, 1873 inmates, including those in the infirmary, were housed in the main jail located at 901 Rice Street (“Fulton County Jail”), 42 were housed in the Alpharetta facility, 193 were housed in the Bellwood facility, and 590 were outsourced to other counties.1 The institutions to which inmates are outsourced at present are the Union City jail (173), the DeKalb County jail (36), the Hall County jail (282), the Oconee County jail (27) and the Pelham City jail (72). See Fulton County Jail Daily Snapshot, 12/27/092 (attached as Exhibit A). As this Court is aware, a project to upgrade the mechanical, elevator and plumbing systems at the Fulton County Jail had been underway for several months. That project has now been completed, with a resulting increase of 408 beds available to inmates. The first step of Sheriff Jackson’s plan with regard to outsourcing is to use these 408 beds to facilitate the return of inmates from institutions farthest away, that is, Oconee County and Hall County, to the Fulton County Jail as soon as possible.3 II. Acquisition of the Atlanta City Detention Center
On August 28, 2009, and November 13, 2009, Sheriff Jackson and Court Monitor Calvin Lightfoot toured the Atlanta City Detention Center (“ACDC”) to 1 83 inmates were loaned out to other jurisdictions. 2 Figures calculated as of 12/28/09. 3 The inmates housed at the Pelham City Jail are State inmates who will be transferred from Pelham City to State institutions.
- 2 -

Case 1:04-cv-01416-MHS Document 235 Filed 01/04/10 Page 3 of 17
make a visual inspection of the facility. During his visits, Sheriff Jackson observed that the facility appeared to be in sound physical condition, an observation that was confirmed in conversations with ACDC Chief Jailer Frank C. Sizer, and documents revealing that the facility is undergoing a $2 million renovation project.4 ACDC at full capacity houses 1314 inmates. Less than 400 inmates are being housed in the facility at present. In addition, ACDC is connected to a number of courtrooms at the City of Atlanta Municipal Court by way of a tunnel that connects the two facilities.
Sheriff Jackson considers the acquisition of ACDC to be a significant part of the short-term solution to the inmate population issue Fulton County faces. For this reason, the Sheriff has had an integral role in negotiations with officials of the City of Atlanta and Fulton County regarding the feasibility of Fulton County’s purchase of the municipal jail. These discussions have proved fruitful.
On Wednesday, December 3, 2009, the Atlanta City Council Finance Executive Committee issued a resolution authorizing the City Council to prepare the necessary intergovernmental agreements for Fulton County to purchase ACDC from the City of Atlanta. See Resolution 09-R-2196, (the “Resolution”) (attached as Exhibit B). The resolution contemplates a 15-year lease purchase agreement under which Fulton County would make 13 payments of $3.2 million beginning 4 The roof of the facility has to be replaced, a project that the City of Atlanta is prepared to undertake.
- 3 -

Case 1:04-cv-01416-MHS Document 235 Filed 01/04/10 Page 4 of 17
July 1, 2010, and then would purchase the City Jail for $10 at the end of the lease term. Id. at 2. Under the proposed agreement, 400 beds will be reserved for municipal inmates. Id. Over 900 beds will remain available to house Fulton County inmates, more than enough to eliminate outsourcing. The lease purchase agreement provides also for the County to have the use of four courtrooms at the nominal cost to the county of $1 per annum. Id.
Acquiring ACDC appears to be cost-effective and financially feasible for Fulton County. First, the County would save an estimated $10 million annually in outsourcing costs. Second, the agreement would provide for Fulton County to receive payment of $71 per day from the City of Atlanta for each City inmate housed at ACDC. Id. The Sheriff would also have the option to consider leasing a portion of the beds to federal agencies. Further, as noted previously, the City has already begun and completed many necessary renovations of the facility. The lease purchase agreement contemplates that the City will complete the remaining renovations by the end of 2010. Id.
During the aforementioned negotiations, Fulton County commissioned another study of the feasibility of its acquisition of ACDC. The resulting report, dated November 25, 2009, concludes that: “[u]tilizing the Atlanta City Detention Center to offset population requirements is a very real option for Fulton County.” See Hellmuth, Obata + Kassabaum, Feasibility Study of the City of Atlanta
- 4 -

Case 1:04-cv-01416-MHS Document 235 Filed 01/04/10 Page 5 of 17
Detention Center, Nov. 25, 2009 (“HoK ACDC Study”), at 13, (excerpts attached as Exhibit C5). The report establishes further that ACDC’s facility is suitable for operation in compliance with the Consent Decree. Id. at 19-41.
In its report dated September 8, 2009, the American Correctional Association stated that ACDC “is adequate to handle misdemeanor and first appearance cases with minimal, if any, difficulties.” See American Correctional Association, Office of the Fulton County Attorney Feasibility Study, Final Report, September 8, 2009, p. 5 (attached as Exhibit D). Similarly, the HoK feasibility study states that Fulton County may use ACDC as an intake and diagnostics center for most or all Fulton County criminal defendants. See HoK ACDC Study at 1517. The Southern Center for Human Rights, counsel for the Plaintiffs, supports the acquisition of ACDC by Fulton County to be used as the facility to which arrestees are brought for first appearance hearings and bail determinations, with only those arrestees who are not released on bond ultimately being housed at the Fulton County Jail.
Sheriff Jackson agrees with the recommendations of the ACA and Plaintiffs’ counsel. Accordingly, in anticipation of the proposed acquisition, the Sheriff has begun to develop a plan for the use of ACDC consistent with these recommendations. Before finally deciding on a proposed use, however, the Sheriff 5 The Sheriff attached excerpts because the entire Study is voluminous. The Sheriff will submit the entire Study upon the Court’s request.
- 5 -

Case 1:04-cv-01416-MHS Document 235 Filed 01/04/10 Page 6 of 17
plans to work with his criminal justice partners to assess the viability of these and other proposals, such as the District Attorney’s proposal that ACDC be used as a Restitution Center, should Fulton County acquire the municipal jail. See HoK ACDC Study at 15 (noting that the alternative uses for ACDC require further study).6
Fulton County’s acquisition of ACDC is widely supported. In addition to Sheriff Jackson, Fulton County Public Defender Vernon Pitts, Fulton County District Attorney Paul Howard, and Fulton Superior Court Chief Judge Doris Downs approve of the purchase. The Court Monitor, in his Twelfth Quarterly Report, states “… the Monitor highly endorses Fulton County’s purchase of the Atlanta City Jail …” See Twelfth Quarterly Report of the Court Monitor, p. 13, (attached as Exhibit E). On December 7, 2009, the Atlanta City Council passed a resolution stating that the Council “vigorously supports the continued negotiation regarding the sale and /or lease of ACDC to Fulton County” and authorizing the “City Negotiation Team, including the New Mayor…to cause the intended Agreement to be presented to the Atlanta City Council for approval such that execution of said Agreement be accomplished within the 1st quarter of 2010 or as soon as practicable thereafter.” See Resolution 09-R-2196, as substituted by full
6 The County would realize significant savings in transportation costs should ACDC be used as central housing for arrestees who would subsequently have their initial appearance hearings at the same location.
- 6 -

Case 1:04-cv-01416-MHS Document 235 Filed 01/04/10 Page 7 of 17
council (attached as Exhibit F). The Sheriff is prepared to finalize his plan in accordance with this timetable so as not to delay the process of putting the facility into use as soon as possible.
Sheriff Jackson will continue to be actively involved in these negotiations. However, the Sheriff is acutely aware that his Department lacks unilateral control over the population of the Fulton County Jail.7 Rather, Fulton County’s judicial system is additionally responsible for population shifts at the jail. Sheriff Jackson therefore includes in the following section of this report the Criminal Justice Agencies’ Jail Reduction Strategy which was developed during discussions in which the Sheriff participated. III. Criminal Justice Agencies’ Jail Reduction Strategy
Fulton Superior Court Chief Judge Doris Downs, Fulton County District Attorney Paul Howard, Fulton County Public Defender Vernon Pitts, Fulton County Court Administrator Cathelene Robinson, and Fulton County State Court Chief Judge Albert Thompson have agreed to a proposal designed to reduce the Fulton County Jail Population to 1200 inmates by July 1, 2010. (Id. at 3).8 The
7 To the extent that procedures at the jail contributed previously to increases in the number of inmates at the jail, the efficiency of these procedures has improved considerably. See e.g. Court Monitor’s Twelfth Quarterly Report at 9 (stating that most delays of releases beyond the 24 hour period mandated by the consent decree were attributable to other law enforcement agencies.) 8 While the Sheriff agrees generally with these proposed efforts to reduce the jail population, the Sheriff is not a signatory because, inter alia, he has no means of
- 7 -

Case 1:04-cv-01416-MHS Document 235 Filed 01/04/10 Page 8 of 17
strategy’s guiding principles includes the recognition that “the inability of the
system to dispose of cases has exacerbated the jail overcrowding problem.” Jail
Reduction Strategy, p. 1, (attached as Exhibit G.)
The jail reduction strategy recommends the removal of inmates convicted of
state crimes from the Fulton County Jail after a maximum period of 10 days and the elimination of outsourcing of inmates by February 1, 2010. Id. at 3. The
strategy also includes a plan to implement a Temporary Emergency Court and a
multi-departmental jail reduction team to work with the Sheriff’s staff to monitor
the jail population in order to maintain the population at 1200 inmates once it is reduced to that number. Id. Case processing standards set a time frame for housing
inmates after which the inmate would be eligible for bond if his or her case is not disposed of and the delay is not attributable to the defendant. Id. at 4. 9 Finally,
the strategy recommends that the criminal justice agencies support the acquisition
of ACDC to be used as the initial screening location for arrestees, with a portion of
implementing aspects of the strategy such as eliminating the outsourcing of inmates by February 1, 2010, and removing inmates convicted of state crimes from the jail after a maximum period of 10 days. The Sheriff is not authorized to remove such inmates from the jail without a court order. 9 Sheriff Jackson notes that in 2009, the Georgia General Assembly enacted O.C.G.A. § 17-6-1.1, which allows a Court to authorize release of criminal defendants to an electronic pretrial release and monitoring program. This new law will likely reduce the jail population. Its precise margin of impact is unclear due to the inability of many indigent defendants to meet the statutory requirement that they pay “a reasonable, nonrefundable fee for program enrollment, equipment use, and monitoring to the provider of such program.” O.C.G.A. § 17-6-11.1(h).
- 8 -

Case 1:04-cv-01416-MHS Document 235 Filed 01/04/10 Page 9 of 17
the facility used as a restitution center for all low-risk inmates. Id. at 3. A number of other strategies have been implemented previously in an effort
to reduce the jail population. For example, in March, 2009, Sheriff Jackson caused the Sheriff’s Department to enter into an agreement with Fulton County Superior Court Pretrial Services (“Pretrial Services”) to coordinate the release procedures for those defendants granted a signature bond. See Memorandum of Agreement between Sheriff Jackson’s Office and Pretrial Services, (attached as Exhibit H). The Courts have commenced an aggressive effort to reduce the extensive backlog of pre-trial inmates with the support of a $1.3 million federal backlog grant and the Felony Fast Track program, approximately two years old, which accelerates the process of resolving certain cases. Additionally, beginning in April, 2009 Pretrial Services initiated its Intensive Supervision program, allowing individuals who otherwise would not qualify for bond and supervised release under Pretrial Services’s usual criteria to be released on bond.10 These strategies and the acquisition of ACDC by Fulton County, if realized, will alleviate the problem of overcrowding at the jail significantly.
10 Another important Court-related project is the Comprehensive Justice Information System (CJIS), which will integrate various information systems at the Courts and the jail. Once in place, this system will improve processing rates for the intake and release of inmates, and will enable the Sheriff’s Department to eliminate substantial time-consuming paperwork currently necessary.
- 9 -

Case 1:04-cv-01416-MHS Document 235 Filed 01/04/10 Page 10 of 17
IV. Fulton County Jail Complex Master Planning Report (the “Master Planning Report”) Sheriff Jackson agrees generally with the Master Planning Report’s
recommendation that additional housing will be required to meet the future needs of the Fulton County jail population. However, the Sheriff notes that many of the population-related deficiencies identified in the Master Planning Report are likely to be remedied by the acquisition of ACDC, the jail reduction strategies discussed above, and additional ongoing improvements within the Department, if they are successful and are sustained.
This being the case, in the Sheriff’s view, the projections presented on pages 1-9 and 1-16 of the Master Planning Report should be revisited. The Master Planning Report recognizes that the construction of additional housing may be delayed or may become “a last resort” with increased efficiency of the criminal justice system, specifically the implementation of programs recommended by the Justice Management Institute (“JMI”). See Master Planning Report Overview at 34 (attached as Exhibit I).11 Many of JMI’s recommendations such as eliminating the backlog of old felony cases, rapidly resolving low-level felony cases and providing alternatives to detention such as intensive supervised release, are
11 The Master Planning Report is a lengthy, full-color spiral bound document already in the possession of the Court. Accordingly, the Sheriff has not attached it in its entirety, but would be happy to supplement the record if the Court so requests.
- 10 -

Case 1:04-cv-01416-MHS Document 235 Filed 01/04/10 Page 11 of 17
components of jail reduction strategies which have already been implemented or are about to be implemented. The report’s projections do not account for these initiatives adequately and do not consider the potential impact of programs this Sheriff is implementing in an effort to reduce inmate recidivism, such as the recently begun GED program at the jail.
Recognizing the inherent difficulty in quantifying long-term projections for inmate population, and in acknowledgement of the fact that the aforementioned initiatives and programs had either not been implemented or their impact could not yet be determined at the time the Master Planning Report was drafted, Sheriff Jackson Sheriff is hesitant to adopt the Master Planning Report’s recommendations formally at this time. However, the Sheriff agrees that additional housing will be necessary in the future and anticipates using the amended projections and proposals as a point for consultation regarding additional housing recommendations. V. Steps Toward Jail Master Plan
The Sheriff is taking the following steps toward implementing an appropriate jail master plan:
• Active support of Fulton County’s purchase of ACDC. This important first step will eliminate outsourcing and have a significant impact on the county’s future inmate housing needs. In addition, Sheriff Jackson hopes that the acquisition of ACDC will allow the Sheriff’s Department to close the Bellwood facility (see HoK ACDC Study at 121), a goal that is supported by the Plaintiffs in this case.
- 11 -

Case 1:04-cv-01416-MHS Document 235 Filed 01/04/10 Page 12 of 17
• More effectively addressing the needs of inmates with mental health issues. Recent statistics show that from January to October, 2009, 24% of the inmates brought to the Fulton County Jail were prescribed psychotropic medication for a serious mental health diagnosis. Sheriff Jackson has directed the Chief Jailer and the jail’s Medical Director to work toward the development of an in-jail mental health treatment plan that would have as one of its components the possible renovation and use of the Marietta Street Annex to house and stabilize some inmates with mental health issues. Enhancing capabilities for addressing problems posed by mentally ill persons and the establishment of stabilization centers is one of the recommendations made by JMI, the implementation of which may delay the need for additional housing, according to the Master Planning Report. See Master Planning Report Overview at 3-4.
• Coordination with Fulton County Superior Court Pretrial Services. The Sheriff has entered into a Memorandum of Agreement with Fulton County Superior Court’s Pretrial Services Department, which aims to improve the process of getting inmates out of jail and into pretrial services supervision programs. See Exhibit H.
• Hiring and recruitment. The Sheriff has recently made several significant staffing changes to address inefficiencies in the Department. Additionally, he has implemented a recruitment and hiring process designed to accelerate the filling of vacancies within the department while attracting and retaining qualified individuals to work for the Sheriff’s Department. The hiring protocol includes thorough background checks of each candidate and no candidate with a criminal record is considered for employment. The number of vacancies has been reduced considerably.
• Inmate Programs. The Sheriff is in the process of instituting several educational and vocational programs geared toward preventing recidivism, which will include training in culinary arts and custodial cleaning techniques for inmates. On December 7, 2009, the Sheriff implemented a GED program in which approximately 500 inmates will participate. Sheriff Jackson is working toward the development of other programs such as offender reentry programs that should also reduce the recidivism rate among offenders.
• Maintaining protocol for release in less than 24 hours. The Sheriff has implemented strategies to minimize release time, with substantial
- 12 -

Case 1:04-cv-01416-MHS Document 235 Filed 01/04/10 Page 13 of 17
success. Except for inmates who await transfers to other facilities, the Fulton County Jail has achieved compliance with the Consent Decree’s requirement that inmates be released within 24 hours. See Release Tracking Report, for Nov. 22-30, 2009, (attached as Exhibit J.)12 These steps are designed to increase the efficiency and effectiveness of the day-to-day and future operations of the Fulton County Jail and are mentioned here because they have or will have a direct impact on the jail population. Sheriff Jackson intends to work in cooperation with Fulton County Officials to implement the initiatives yet to be realized, such as the renovation of the Marietta Annex should its use as a mental health facility be deemed feasible. Further, when a final determination has been made regarding the acquisition of ACDC and the projections of the Master Planning Report are updated as discussed above, the Sheriff will pursue discussions regarding the Master Planning Report’s recommendations for future expansion of the Fulton County Jail with Fulton County officials as he did regarding the proposal to acquire ACDC.
Conclusion Sheriff Jackson respectfully submits the foregoing Report as directed by the Court in its October 6, 2009 Order. Should the Court have additional questions or areas of concern, the Sheriff will supplement this Report as necessary.
12 The report shows that every inmate who was not released within 24 hours during that time period was an inmate who had not been picked up by a state or federal agency, with the exception of four inmates whose releases were delayed by the Courts. Every other inmate who was ordered released to the community was released within 24 hours.
- 13 -

Case 1:04-cv-01416-MHS Document 235 Filed 01/04/10 Page 14 of 17

This 4th day of January, 2010.
ASHE, RAFUSE & HILL, LLP 1355 Peachtree Street, N.E. Suite 500 Atlanta, Georgia 30309-3232 (404) 253-6000 (404) 253-6060 (facsimile)

/s/ Yonette Sam-Buchanan Yonette Sam-Buchanan Georgia Bar No. 623455 yonettebuchanan@asherafuse.com

- 14 -

Case 1:04-cv-01416-MHS Document 235 Filed 01/04/10 Page 15 of 17
CERTIFICATE OF COMPLIANCE WITH LR 7.1(D) This is to certify that the foregoing REPORT OF DEFENDANT THEODORE JACKSON was prepared using Times New Roman, 14 point type, which is one of the font and point selections approved by the Court in Local Rule 5.1(B).
/s/ Yonette Sam-Buchanan Attorney for Defendant and Third-party Plaintiff Theodore Jackson

Case 1:04-cv-01416-MHS Document 235 Filed 01/04/10 Page 16 of 17

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION

FREDERICK HARPER, et al.,

:

individually and on behalf of all present :

and future inmates in the Fulton County :

Jail in Atlanta, Georgia

:

:

Plaintiffs,

:

:

v.

:

:

FULTON COUNTY, GEORGIA, et al., :

:

Defendants.

:

:

THEODORE JACKSON, Fulton

:

County Sheriff, in his official capacity, :

:

Defendant and Third-party

:

Plaintiff,

:

:

v.

:

:

JIM DONALD, Commissioner, Georgia :

Department of Corrections, in his

:

official capacity, et al.,

:

:

Third-party Defendants.

:

CIVIL ACTION NO. 1:04-CV-1416-MHS

CERTIFICATE OF SERVICE

I, Yonette Sam-Buchanan, hereby certify that on January 4, 2010, I caused a

copy of the foregoing REPORT OF DEFENDANT THEODORE JACKSON to

be electronically filed with the Clerk of the Court using the CM/ECF electronic

Case 1:04-cv-01416-MHS Document 235 Filed 01/04/10 Page 17 of 17

filing system, which will automatically send electronic notification of such filing to

the following attorneys of record:

Stephen Brooks Bright sbright@schr.org Vanessa Buch vbuch@schr.org Lisa L. Kung lkung@schr.org
Willie Jake Lovett, Jr willie.lovett@fultoncountyga.gov
Coy J. Johnson, Jr. coy.johnson@fultoncountyga.gov
Nikisha L. McDonald nikisha.mcdonald@fultoncountyga.gov
Larry Wayne Ramsey, Jr. larry.ramsey@fultoncountyga.gov

Steven E. Rosenberg steven.rosenberg@co.fulton.ga.us
R. David Ware david.ware@fultoncountyga.gov
Joseph J. Drolet jdrolet@law.ga.gov
Devon Orland dorland@law.ga.gov S. Leighton Moore leighton.moore@troutmansanders.com
Robert B. Remar rbr@rh-law.com

Dated: January 4, 2010

/s/ Yonette Sam-Buchanan Attorney for Defendant and Third-party Plaintiff Theodore Jackson

 
 Case 1:04-cv-01416-MHS Document 208 Filed 08/22/08 Page 1 of 24

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

Frederick Harper, individually, and on )

behalf of all present and future inmates in )

the Fulton County Jail, Atlanta, Georgia, )

)

Plaintiffs,

)

)

v.

)

)

Deputy Tyrone Bennett, individually; )

Fulton County, Georgia; and Members, )

Fulton County Board of Commissioners, )

in their official capacities;

)

)

Defendants,

)

)

Myron Freeman, Fulton County Sheriff, )

in his official capacity,

)

)

Defendant and Third Party Plaintiff, )

)

v.

)

)

Jim Donald, Commissioner, Georgia

)

Department of Corrections, in his official )

capacity, and the Georgia Department of )

Corrections,

)

)

Third Party Defendants.

)

=============================== )

Civil Action File No.: 04-CV-1416-MHS

FULTON COUNTY SHERIFF MYRON FREEMAN'S REPORT PURSUANT TO THE COURT'S ORDER, DATED JULY 22, 2008

Comes now, Fulton County Sheriff Myron Freeman, Defendant and Third

Party Plaintiff in the above-styled case, and files his Report Pursuant to the

1

Case 1:04-cv-01416-MHS Document 208 Filed 08/22/08 Page 2 of 24
Court's Order, dated July 22, 2008, as follows: I. Introduction and Procedural History.
On July 8, 2008, the Court Monitor filed the Seventh Quarterly Report on compliance with the Consent Order in this case, which was approved by the Court on February 6, 2006. This was the third (3rd) quarterly report filed by the current Court Monitor, who was appointed in the Fall of 2007.
On July 10, 2008, the Court issued an Order to Show Cause, requiring Sheriff Freeman to appear on July 25, 2008, to show cause why he should not be held in contempt regarding certain specified areas of alleged noncompliance with the Consent Order. On July 22, 2008, a pre-hearing conference was held. At this conference, the Court agreed that the parties, pursuant to Paragraph 112 of the Consent Order, should have an opportunity to meet and discuss the compliance issues raised in the Court's July 10, 2008, Order. Accordingly, the parties were directed to meet and the show cause hearing was rescheduled for September 8, 2008. In addition, Sheriff Freeman was directed to file a report with the Court, on or before August 22, 2008, regarding efforts to resolve the alleged violations of the Consent Order. Class Counsel was directed to file a response on or before August 29, 2008.
2

Case 1:04-cv-01416-MHS Document 208 Filed 08/22/08 Page 3 of 24
On July 25, 2008, Sheriff Freeman, undersigned counsel, members of the Sheriff's administrative and jail management team, as well as counsel for Fulton County, Class Counsel, the Court Monitor and the Court Auditor, met at the Office of the County Attorney for the purpose of discussing the areas of alleged noncompliance with the Consent Order. For approximately four (4) hours, there was an open, frank and professional discussion of the issues. With respect to each of the compliance issues, discussions were held regarding the level of compliance, obstacles to 100% compliance, as well as time lines and strategies for improving compliance.
On August 7, 2008, another meeting occurred, in which members of the Sheriff's management team, the Court Monitor and Court Auditor, as well as Class Counsel and counsel for the Sheriff and Fulton County, convened for the sole purpose of discussing jail staffing. Details of the various steps taken by the Sheriff's Office to increase, train and appropriately deploy staff were explored. What follows is a more detailed description of the discussions that took place at these meetings. II. Applicable Standard of Review for Contempt.
Whether Sheriff Freeman can be found in contempt of court for less than 100% compliance with the terms and conditions of the Consent Order is a function of 11th Circuit precedent and the terms of the Consent Order
3

Case 1:04-cv-01416-MHS Document 208 Filed 08/22/08 Page 4 of 24
itself. The existence of facts showing less than 100% compliance is just the first step in determining whether the conduct proceeding the fact of noncompliance is contemptible. This is especially true where compliance is equated with perfection as it is under the terms of the Consent Order in this case in the areas of jail housing staff and inmate release times. The purpose of civil contempt is to reform bad behavior leading to noncompliance - it is not simply a response to noncompliance. Thus, the reasonableness of the behavior of the party responsible for compliance must be at the heart of any decision on contempt.
The 11th Circuit, in Chairs v. Burgess, 143 F.3d 1432 (11th Cir. 1998), explained that an alleged contemnor may avoid contempt by (i) showing that he or she has complied with the involved order, or (ii) showing that noncompliance with the order is excused because either compliance is impossible or the alleged contemnor has made "in good faith all reasonable efforts to comply." Chairs at 1437. The seriousness and purposefulness with which Sheriff Freeman and his management team have approached compliance with the Consent Order in this case was clearly evident in the meetings on July 25 and August 7, 2008. Sheriff Freeman has aggressively sought funding from Fulton County, conducted a remarkable hiring and training campaign for new staff, and employed many innovative techniques
4

Case 1:04-cv-01416-MHS Document 208 Filed 08/22/08 Page 5 of 24
and programs in the pursuit of compliance. At the same time, the Sheriff's Office endures County funding obstacles and the additional demands and challenges of an ongoing $50 (+) million jail renovation program, state prison / inmate program budget cuts and area policing / criminal case management strategies over which the Sheriff has no meaningful control. Under these circumstances, Sheriff Freeman should not be found in contempt of court for achieving less than perfect compliance with any provision of the Consent Order.
It must also be noted that the Consent Order itself provides an additional test determinative of whether contempt is present. Paragraph 7 of the Consent Order provides that a mere failure to comply with the terms and conditions of the Consent Order does not equate to the existence of an unconstitutional condition of confinement, nor does it show, in and of itself, that any particular constitutional violation has occurred. Paragraph 112 of the Consent Order further provides that a finding of noncompliance, in order to result in a finding of contempt, must be accompanied by a finding that noncompliance did, in fact, result in an unconstitutional condition of confinement or in a particular constitutional violation. Conditions at the Fulton County Jail are not unconstitutional by any standard.
5

Case 1:04-cv-01416-MHS Document 208 Filed 08/22/08 Page 6 of 24
For these and other reasons discussed below, Sheriff Freeman should not be found in contempt of court for noncompliance with any of the terms and conditions of the Consent Order. With respect to any area for which noncompliance can be demonstrated, noncompliance is slight, Sheriff Freeman and his management teams have continually acted in good faith to take all reasonable steps to achieve compliance, and noncompliance has resulted in no constitutional violation.1 III. Specific Areas of Concern. Section 1. Jail Staffing.
The parties to this case, along with the Court Monitor and Court Auditor, have extensively discussed the issue of jail staffing. Sheriff Freeman and his staff believe that these discussions were beneficial, in terms of understanding the exact level of compliance, the obstacles that exist to full, sustainable compliance, and the steps that have been taken and will be taken to achieve full compliance.
The parties agree that having adequate staff available at the Jail is the most important factor to achieving full compliance with the Consent Order. This is obvious in the area of housing, where the Consent Order provides 1 As directed, Class Counsel and counsel for Sheriff Freeman discussed the possibility of an agreement by which the Court would impose sanctions for reasons discussed in the Court's Order, dated July 10, 2008. Sheriff Freeman has respectfully declined to enter into any such agreement.
6

Case 1:04-cv-01416-MHS Document 208 Filed 08/22/08 Page 7 of 24
definite and easily measurable requirements. It is equally true in numerous operational areas also subject to Consent Order provisions, such as intake, release, laundry, medical and food service.
When the Consent Order was approved in February, 2006, the Jail was approximately 456 employees short of what was determined as necessary for (i) staffing the housing units as required by the Consent Order, and (ii) staffing all other operational areas of the Jail as necessary to deliver inmate services. Sheriff Freeman immediately identified and reassigned approximately 100 additional employees to jail operations, which reduced the overall staff shortage to approximately 350 employees needed to consistently meet the requirements of the Consent Order.
As the Court and the parties are well aware, Sheriff Freeman does not have control over the amount of funds made available for personnel. Annual funding decisions for the Sheriff's Office are under the exclusive control of the Fulton County Board of Commissioners. Since the approval of the Consent Order, there have been two (2) budgets approved by the Board of Commissioners for the Sheriff's Office. These were the 2007 budget, which was formulated at the end of 2006 and approved in early 2007, and the 2008 budget, which was formulated at the end of 2007 and approved in early
7

Case 1:04-cv-01416-MHS Document 208 Filed 08/22/08 Page 8 of 24
2008. The Sheriff's Office is just now beginning to formulate a budget for 2009.
As a result of interdepartmental transfers and the budget approved for 2007, taking also into consideration the filling of existing vacancies, the Sheriff's Office has added approximately 250 employees to jail operations since the 1st quarter of 2007. Presently, the Jail is approximately 163 personnel short of the 882 needed to fully staff jail operations, down from a shortage of 426 at the time the Consent Order was approved.2
Effectively, the personnel shortage at the Jail has been reduced by approximately 60% since the Consent Order was approved. This is all the more remarkable considering that the Fulton County Board of Commissioners funded absolutely none of the new positions requested by the Sheriff's Office for 2008. There are, in fact, essentially no ("0") detention officer vacancies in the Sheriff's Office at this time. When combined with non-mandatory overtime, the Sheriff's Office has for several months been consistently meeting the nonsupervisory uniformed officer requirement in the housing units approximately 94% of the time.
2 The numbers provided here are approximate and do not relate to one another with exact mathematical logic. This is the case because the numbers are snapshots taken at a particular point in time, which are affected by such diverse factors as then existing vacancies.
8

Case 1:04-cv-01416-MHS Document 208 Filed 08/22/08 Page 9 of 24
In the coming weeks, the Sheriff's Office expects to complete the training of approximately 20 new employees that can be released for independent assignment in the jail housing units. As this training is completed, there should be two (2) observed results: 1) the concentration of detention officers on any given shift observed by the Monitor in his recent Report should be greatly reduced, this being primarily the result of having to deploy officers in training with available shift training officers; and, 2) the large staff shortages observed on the day shift should improve, in that this is often the result of the unavailability of cadets who are attending training classes.
The availability of these additional detention officers will also provide the first real opportunity that the Sheriff's Office has had since 2007 to begin aggressively promoting officers to fill supervisory positions. The ability of the Sheriff's Office to increase the level of compliance required by the Consent Order in the area of housing unit supervisors has been severely limited by the unavailability of front line detention officers. In effect, it would have been impractical and wasteful of resources for the Sheriff's Office to have been aggressively promoting officers into supervisory positions before filling the bulk of front line positions.
9

Case 1:04-cv-01416-MHS Document 208 Filed 08/22/08 Page 10 of 24
Even with these steps being taken, as noted above, the Jail remains approximately 163 positions short of where it should be for full compliance with both housing and operational requirements. In addition, there remain various other obstacles to full staffing. These include the Board of Commissioners' failure to fund new positions for 2008, changes in the operation of state training facilities that now require a minimum class size of 25, the loss of some new hires due to performance problems, the loss of other employees through normal attrition (which was down a remarkable 67% between January, 2007, and January, 2008), and a recent change in Fulton County's pension program, which resulted in the early retirement of several, highly experienced supervisors.
Essentially, the present shortage of staff, while it clearly impacts the ability of the Sheriff's Office to fully meet housing staff requirements, while at the same time staffing other jail operations at the level required to provide inmate services, has an even more dramatic effect due to the absence of any meaningful relief factor for both anticipated (e.g., vacation) and unanticipated (e.g., sick) absences. In order to immediately address this issue, the Sheriff's Office has implemented a mandatory overtime requirement following the meetings with Class Counsel on July 25 and August 7. Although the Sheriff's Office has resisted implementing a
10

Case 1:04-cv-01416-MHS Document 208 Filed 08/22/08 Page 11 of 24
mandatory overtime program because of its anticipated effect on overall morale and the very real possibility that it will increase unanticipated absences, such a program is in effect as of August 15, 2008. With the added tool of mandatory overtime, Watch Commanders should be able to achieve near perfect compliance in the staffing of jail housing units, particularly at the detention officer level.3 Section 2. Jail Population.
In the Monitor's Report, filed with the Court on July 8, 2008, it was reported that the Jail averaged a daily population in excess of the adjusted capacity of 1,842. Compliance with the population cap has otherwise been consistent in the previous two (2) years.
Many factors contribute to the Jail's population, and virtually none of them are within the exclusive control of the Sheriff. These include area policing policies, criminal case management practices, transfer rate of convicted inmates to the Georgia Department of Corrections, and the
3 Please see Attachment 1 for more information regarding the mandatory overtime program. In addition, please see the memorandum from Roland Lane and Shiela Benefield, dated August 18, 2008, which is contained in Attachment 1, for more information regarding staffing challenges, strategies and timelines. Also contained in Attachment 1 is further information regarding efforts by the Sheriff's Office to obtain sufficient funding for staff and other purposes.
11

Case 1:04-cv-01416-MHS Document 208 Filed 08/22/08 Page 12 of 24
availability of funding for alternative confinement.4 Nevertheless, the Sheriff's Office has been remarkably successful in maintaining the Jail's population at or below the cap established by the Consent Order.
And, while the Sheriff's Office does not dispute the population numbers reported by the Court Monitor, a deeper analysis of both the numbers themselves and the contributing factors is warranted. Population at the Main Jail, after the completion of renovations at the Bellwood annex, did briefly return to compliance (there has never been a reported population issue at the annex facilities). Unfortunately, in recent weeks, the Jail's population has been rising. In the last three (3) days, the population has exceeded the Consent Order cap by approximately 100 inmates.
The reasons for this increase in population are diverse. For example, budget reductions at the state level have resulted in the closing of both housing and program facilities. In recent weeks, the Georgia Department of Corrections has accepted no new inmates from Fulton County.5 Another involves the funding of outsourcing contracts.
4 Please see Attachment 1, pages 7-8, as well as Attachment 2 for a more complete discussion. 5 To the extent that DOC (or anyone else) maintains that the Sheriff's Office has not adequately informed DOC of inmates eligible for transfer, signed receipts showing that such information has been received by DOC are available.
12

Case 1:04-cv-01416-MHS Document 208 Filed 08/22/08 Page 13 of 24
The Sheriff's Office has and continues to maintain an aggressive program to outsource pre-trial inmates to DeKalb County and the City of Atlanta, plus there is a pending arrangement to outsource inmates to the South Fulton Jail Authority. Inmates who have been convicted and are awaiting transfer to the DOC are being outsourced to outlying facilities. These outsourcing arrangements, however, have limitations.
The first such limitation is financial. For 2008, Fulton County funded the inmate outsourcing program at $10 million, versus the $13 million that was expended in 2007 and which was requested for 2008 by the Sheriff's Office. Now, during the closing months of 2008, this underfunding of the program has resulted in the recent refusal by Fulton County officials to renew the DeKalb County outsource agreement and the refusal to go forward with an amendment to the City of Atlanta outsource agreement to increase the number of available beds. The Sheriff's Office is hopeful that these budget issues will be resolved before the middle of September, and there are ongoing discussions. In any case, notwithstanding that the contracting issues have not been resolved, the Sheriff has authorized the Chief Jailer to identify additional inmates for immediate transfer to the City of Atlanta and for immediate transfer to the South Fulton Jail Authority
13

Case 1:04-cv-01416-MHS Document 208 Filed 08/22/08 Page 14 of 24
A second, major limitation on outsourcing (an emerging, previously unanticipated issue) is that outsource facilities will not accept inmates with significant health and/or behavioral problems. It has been estimated that approximately 45% of the Mail Jail population is effectively disqualified from outsourcing. The percentage of such inmates must be expected to increase.
An additional issue relevant to whether the reported excess in population is contemptible concerns the actual capacity of the Main Jail. In the Monitor's 6th Report, he acknowledged that the actual capacity of the Main Jail, with double bunking and the currently required level of staff is 2,652, versus the 2,250 number contained in the Consent Order. (Monitor's 6th Report, page 3). Thus, slight violations of the population cap should not form the basis for a finding of contempt. This is the case because the Sheriff is acting reasonably to reduce the population and the Main Jail, as a matter of fact, is not overcrowded.
Of further discussion at the meeting on July 25 was the Monitor's displeasure that the Sheriff's Office has not created his version of a "population control committee". Sheriff Freeman did, in fact, convene a meeting of elected officials to discuss the Court Monitor's proposal. Unfortunately, no interest was expressed (other than by Sheriff Freeman) in
14

Case 1:04-cv-01416-MHS Document 208 Filed 08/22/08 Page 15 of 24
going forward. Moreover, the Sheriff's Office has implemented an in-house program (in conjunction with the Clerk of the Superior Court) to identify inmates "lost in the system", which often involve bonding paperwork problems and inmates with mental issues. This program has been in place for some time and its success in assisting inmates with release can be documented. It seemed to be the consensus of the group on July 25 that this program is working along the same lines proposed by the Court Monitor. Since that meeting, jail managers have reviewed their process and are taking more of Court Monitor's concerns into consideration.
A final issue, about which there was an agreement to work on, concerns the availability of electronic monitoring. Funding issues have prevented a truly effective implementation of electronic monitoring. However, the parties agreed to renew their efforts to secure funding and see that such a program is brought to fruition. Section 3. Inmate Housing at South Georgia Facilities.
The Monitor has reported that Fulton County inmates outsourced to South Georgia jails are being tripled bunked and are sleeping in plastic bunks placed on the floor. The Monitor asserts that this violates the Consent Order.
15

Case 1:04-cv-01416-MHS Document 208 Filed 08/22/08 Page 16 of 24
Sheriff Freeman must respectfully disagree with the Monitor that these housing arrangements violate the Consent Order. The Consent Order establishes specific housing standards for the Fulton County Jail, which do not apply to other facilities. Triple bunking inmates may be entirely appropriate in another jail, as may be sleeping in a plastic bunk on the floor. The Consent Order does not provide that inmates, because they are outsourced by the Fulton County Sheriff, must be confined under all of the same housing conditions that would apply to their confinement in the Fulton County Jail.
In any case, as was discussed at the meeting on July 25, Chief Jailer McNeil has visited the South Georgia outsource facilities.6 He has arranged for and received commitments from each South Georgia facility that no Fulton County inmates will be sleeping in plastic bunks. He has also confirmed that none of the facilities are under court orders regarding living conditions.7
6 The Monitor's 7th Report is the first Report filed since the appointment of Chief Jailer McNeil. It should also be noted that it was resolved at the meeting on July 25 that the Sheriff and his staff will recommit themselves to thoroughly reviewing the draft reports of the Monitor and will promptly communicate with him in this regard. 7 See Attachment 3, for example.
16

Case 1:04-cv-01416-MHS Document 208 Filed 08/22/08 Page 17 of 24
Section 4. Medical Services. Pursuant to the discussions on July 25, steps have already been taken
to address the concerns highlighted by the Court in the July 10, 2008, Order. These changes and the information provided by the Jail Medical Director and Chief Jailer appeared to resolve this matter.
First, the manner in which medical / dental appointments are reported is being altered to more accurately show why some inmates may miss them. Second, and more importantly, the Medical Director and Chief Jailer have taken steps to ensure that an adequately staffed movement team is in place, along with increased supervisory involvement, to avoid all instances where appointments are missed due to an inmate not be brought down from the housing units.8 Section 5. Inmate Grievance Forms.
In the Monitor's 7th Report, he states that the Sheriff's Office is not in compliance with the Consent Order because, in part, there is no "process" by which inmates can receive grievance forms, and there is no "documentation of the issuance of grievance forms".
The Jail is required under the Consent Order to "maintain a grievance procedure" and to make "[g]rievance forms available ... at all times".
8 See Attachment 4.
17

Case 1:04-cv-01416-MHS Document 208 Filed 08/22/08 Page 18 of 24
Consent Order, paragraphs 101-102. There is no requirement that the delivery of a grievance form to an inmate be documented.
As for the availability of grievance forms, blank forms and envelops are stocked in each housing unit and the supply is replenished whenever necessary. Watch Commanders at the Jail repeatedly have reminded housing staff to ensure that forms are available. In addition, staff from the Grievance Office make daily rounds to collect grievance forms and distribute them to any inmate asking for one. This process, as opposed to using the Jail's mailroom, ensures that grievance forms do not fall into the hands of a person about whom an inmate may be complaining, plus it provides a way for an inmate to obtain a form without asking for it from an officer about which the inmate may want to complain.
There are several problems with making grievance forms otherwise available. First, grievance forms have multiple parts (for copies) and are expensive to produce. In the past, when forms were immediately available, many were wasted, being used as dust pans and scratch paper. Second, effective containers or displays for grievance forms, immediately available to inmates, such as plastic sleeves and plastic or wooden boxes, create serious safety concerns.
18

Case 1:04-cv-01416-MHS Document 208 Filed 08/22/08 Page 19 of 24
Finally, since the July 25 meeting, the Sheriff's Legal Affairs Officer, along with the Jail Lieutenant responsible for the grievance process, have randomly visited jail housing units. During these rounds, for the purpose of auditing the availability of grievance forms, no inmate reported that he had not been able to obtain a grievance form, nor did any housing officer report any such complaint. This matter will continually be reviewed.9 Section 6. Inmate Releases.
It is not unusual for the Fulton County Jail to release as many as 600 inmates in a given week. The release process is complex and extremely important, in that it is absolutely crucial that no inmate be released who is not entitled to release.
As the discussion on July 25 showed, the vast majority of releases exceeding the 24 hour standard involve releases to other agencies - in other words, inmates who are not entitled to freedom, but who must be picked-up by another law enforcement agency. For example, in the most recently reported period (for the week ending August 2, 2008), the Jail processed 568 inmates for release, of which 50 were detained more than 24 hours, for an overall compliance rate of 91.2%. However, of the total releases exceeding 24 hours, 33 of them were releases to other agencies, who are under no
9 See Attachment 5 for more on this matter.
19

Case 1:04-cv-01416-MHS Document 208 Filed 08/22/08 Page 20 of 24

requirement to assist the Fulton County Jail with getting inmates out within

the Consent Order standard. Of the total inmates who were released beyond

the standard, only 6 were the result of a processing issue by the Sheriff's Office, and only 9 were the result of a delay by the courts.10 Thus, with

respect to inmates not awaiting release to and pick-up by another law

enforcement agency, the level of compliance with the release standard is as

follows:

1) Sheriff's Office 6/568

98.9%

2) Court System 9/568

98.4%

3) Combined

15/568

97.4%.

Nevertheless, the Sheriff's Office takes this issue very seriously and is

committed to making progress towards 100% compliance. Steps being taken

now to improve the process include (i) classification changes for document

specialists working in this area to increase pay and reduce attrition, and (ii)

the hiring of 17 additional specialists to work on inmate intake and release.

10 A concerted effort, consisting of daily interaction between the Sheriff's Office and Clerk of the Superior Court, has dramatically reduced the number of late releases.
20

Case 1:04-cv-01416-MHS Document 208 Filed 08/22/08 Page 21 of 24
These newly hired specialists are scheduled to be released from training in October, 2008. Job offers to another group of new hires for this area are expected to be made during the first week of September.11
Finally, with respect to the Monitor's understanding that jail officials may not have notified hold agencies of the availability of an inmate in a timely manner, the Chief Jailer has made a inquiry and received information that indicates that the notifications were made. The Chief Jailer and his management staff will be reviewing this issue and taking steps to ensure both that the notifications are made and that they can be confirmed. IV. Conclusion.
The meetings held by the parties were both informative and effective in terms of sharing ideas, concerns and for helping to address both actual compliance with the Consent Order, as well as the parties' mutual understanding of the ongoing challenges and strategies in place to move forward. Actions taken by the Sheriff's Office in the past, as well as the strategies implemented both prior to and following the meetings clearly illustrates the seriousness with which Sheriff Freeman and his staff take their obligations under the Consent Order. Moreover, the facts show that the Sheriff has taken and continues to take all reasonable steps necessary and
11 See Attachment 1, page 9.
21

Case 1:04-cv-01416-MHS Document 208 Filed 08/22/08 Page 22 of 24
appropriate to achieve full and 100% compliance, and has marshaled his available resources to this end.
In conclusion, the Sheriff is appreciative of the Court's Order, dated July 22, 2008. In addition, the Sheriff respectfully urges the Court to further delay the holding of a show cause hearing in order to permit a later review of the effectiveness of the new and ongoing compliance strategies discussed in this report. Doing so will ensure that the energy and time of the Sheriff and his management team continue to be focused on improving compliance and on better communication with both the Monitor and other counsel. Respectfully submitted this 22nd day of August, 2008.
____/William R. Turner/___ Randy Turner, Attorney at Law, LLC Counsel for Sheriff Myron Freeman Georgia Bar No. 719929 Randy Turner, Attorney at Law, LLC 2265 Roswell Road Suite 100 Marietta, Georgia 30062 770-509-9770 770-509-2243 - Facsimile Randy.Turner@turnerlawllc.com
22

Case 1:04-cv-01416-MHS Document 208 Filed 08/22/08 Page 23 of 24

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

Frederick Harper, individually, and on )

behalf of all present and future inmates in )

the Fulton County Jail, Atlanta, Georgia, )

)

Plaintiffs,

)

)

v.

)

)

Deputy Tyrone Bennett, individually; )

Fulton County, Georgia; and Members, )

Fulton County Board of Commissioners, )

in their official capacities;

)

)

Defendants,

)

)

Myron Freeman, Fulton County Sheriff, )

in his official capacity,

)

)

Defendant and Third Party Plaintiff, )

)

v.

)

)

Jim Donald, Commissioner, Georgia

)

Department of Corrections, in his official )

capacity, and the Georgia Department of )

Corrections,

)

)

Third Party Defendants.

)

=============================== )

Civil Action File No.: 04-CV-1416-MHS

CERTIFICATE OF SERVICE

23

Case 1:04-cv-01416-MHS Document 208 Filed 08/22/08 Page 24 of 24
The undersigned counsel for Fulton County Sheriff Myron Freeman, Defendant in the above-styled action, hereby certifies that I have this 22nd day of August, 2008, electronically filed
FULTON COUNTY SHERIFF MYRON FREEMAN'S REPORT PURSUANT TO THE COURT'S ORDER, DATED JULY 22, 2008 with the Clerk of the Court using the CM/ECF system, in Times New Roman, 14.
/s/ William R. Turner Georgia Bar No. 719929
Randy Turner, Attorney at Law, LLC 2265 Roswell Road Suite 100 Marietta, Georgia 30062 770-509-9770 770-509-2243 (Facsimile) Randy.Turner@turnerlawllc.com
24

 
 Case 1:04-cv-01416-MHS Document 205 Filed 07/10/08 Page 1 of 8

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION

FREDERICK HARPER, et al ., individually and on behalf of all present and future inmates in the Futon County Jail in Atlanta, Georgia,
Plaintiffs,
V.
FULTON COUNTY, GEORGIA, et al.,
Defendants .

CIVIL ACTION 1 :04-CV-1416-MRS

MYRON FREEMAN, Fulton County Sheriff, in his official capacity,
Defendant and Third party Plaintiff,
V.
JIM DONALD, Commissioner, Georgia Department of Corrections, in his official capacity, et al .,
Third party Defendants .

AO 72A (Rev .8/82)

Case 1:04-cv-01416-MHS Document 205 Filed 07/10/08 Page 2 of 8
ORDER TO SHOW CAUSE
Before the Court is the Seventh Quarterly Report of the Court Monitor . The Report shows that nearly two-and-a-half years after entry of the Consent Order, the Sheriff is still not in compliance with many of its mandates, including requirements in such critical areas as staffing and security, population limits and housing, provision of medical services, and timely release of inmates . The following "highlights" from the Monitor's latest report summarize just some of the Sheriffs continuing violations of the Conse nt Order:
• Staffing - "Staffing continues to be out of compliance with the Consent Decree mandates, notwithstanding the fact that the Fulton County Jaill has more detention officers and deputies than in the past . It is the opinions of both the Monitor and Auditor that this problem is attributed to Fulton County Jail's staffing management and deployment . Staffing problems exist in spite of increased numbers of personnel and tremendous overtime being paid to officers and deputies ." (Report at 5 .) All three shifts at the jail "continue to operate dangerously understaffed," and "the shortage of supervisory staff continues to be dramatic ." Id . at 26, 34 .) "Even as there
2
AO 72A (Rev.8/82)

Case 1:04-cv-01416-MHS Document 205 Filed 07/10/08 Page 3 of 8
have been more than 150 newly hired officers and at least a dozen (12) newly promoted sergeants added to the ranks, none of the shifts consistently meet the staffing mandates agreed upon by all parties to the Consent Decree ." Id . at 50 .) "Even worse is the growing mismanagement of staffing resources that have been provided by Futon County to the Sheriff." Id. As a result, "the shifts are often flooded with floor officers and supervisors, there is a high number of scheduled off time requests granted, sick time has remained very high, and training requirements remain high as many newly hired officers have not yet attended Jail Officers Certification but have been integrated into the work flow ." Id . During the last quarter alone, the Monitor estimates that mismanagement of staffing resources has resulted in excess expenditures of nearly $268,000 . Id. at 58 .)
Population - During the last quarter, "the Sheriff has not been able to maintain the population CAP of 1,842 in the main jail facility ." (Report at 15 .) "As of June 23, 2008, the monthly average population on the Towers was 1,949 . This was 107 inmates above the adjusted population CAP of 1,842 ." Id . at 40 .) In an effort to control the j ail population, "[tjhe Court Monitor has repeatedly recommended that the Sheriff bring together a Population Control
3
AO 72A (Rev .8/82)

Case 1:04-cv-01416-MHS Document 205 Filed 07/10/08 Page 4 of 8
Committee (PCC) who will be tasked with [reviewing inmate records for early releases or home arrest] and other release responsibilities ." Id . at 60 .) Nevertheless, "[e]ven as the Monitor has had extensive and numerous discussions regarding the necessity of the PCC with the Sheriff and Chief Jailer, neither has taken any steps towards supporting the appointment of the PCC ." Id. at 60-61 .)
• Housing- "There continue to be routine occasions where inmates who have been outsourced in South Georgia jails are required to sleep on the floor (on plastic bunks) when those facilities become overcrowded ." (Report at 1 5 .) "The South Georgia Ou tsource Facilit ies (Pelham City, Cook County and Decatur County Jails) were not advised (by Fulton County) of the Consent Decree mandates as it relates to no inmates sleeping on the floor, or that no more than two inmates being housed in a cell . Thus, each facility typically utilizes triple bunks, plastic single bunks placed on the floor, and on average houses four to six inmates per cell . All of these housing arrangements violate the terms of the Consent Decree ." Id, at 16 .)
4
AO 72A (Rev. 8182)

Case 1:04-cv-01416-MHS Document 205 Filed 07/10/08 Page 5 of 8
• Medical Services - "There continues to be routine occasions where inmates are scheduled for x-ray and dental services but they are not brought to the clinic and/or are released prior to those services being performed . . . . Many, if not most, of the occasions are the result of the ongoing shortage of security staff assigned to do inmate escorts ." (Report at 7 .) As a result of this problem, during the reporting period, 22 .7% of scheduled dental appointments and 6 .8% of scheduled x-rays were missed . Id . at 10 .)
• Inmate Grievances - "The Monitor has made several appeals to the Sheriff's staff to work out a process through which inmates can be provided grievance forms in a prompt and decisive manner . That process should provide adequate documentation of the issuance of grievance forms so that the requirements of this section can be met . As of this report, no action has been taken by the Sheriff to meet this requirement of the Consent Decree ." (Report at 84-85 .)
• Inmate Releases - The Report shows that numerous inmates had their releases delayed beyond the maximum 24 hours permitted in the Consent Order . Among these were 29 inmates outsourced to other jails who
5
AO 7 2A ( R ev. 8/82)

Case 1:04-cv-01416-MHS Document 205 Filed 07/10/08 Page 6 of 8
had their releases delayed "simply due to staffing shortages and the inmates not being transported back to the Fulton County Jail" ; 202 inmates with holds by other agencies who had their releases delayed because "Fulton County Jail staff did not make the pickup notification within a timely manner"; 6 inmates who had their releases d elayed due to "a staffing shortage in the Release Office" ; and "at least thirty-eight (38) inmates who were released after the 24 hour period because a single civilian support staff member called in absent ." (Report at 18-25 .)
These and the other violations outlined in the Monitor's report reflect a continuing pattern of neglect and mismanagement by the Sheriff of Fulton County . Nevertheless, in recent public pronouncements, the Sheriff has asserted that all is well at the Fulton County Jail . At best, such assertions are disingenuous ; at worst, they are deliberate misrepresentations .
For example, in a letter published just yesterday in the Atlanta Journal-Constitution, the Sheriff cites the Monitor's reports as evidence that, "[u]nder my leadership, the Fulton County Jail is constantly improving ." Myron E. Freeman, Letter to the Editor, Atl . J. Const., July 9, 2008, at A14 .
6
AO 72A (Rev . 8/S2 )

Case 1:04-cv-01416-MHS Document 205 Filed 07/10/08 Page 7 of 8
In fact, the Monitor's recent reports, including the latest report, identify many of the same violations of the Consent Order and thus clearly belie this assertion . In the same letter, the Sheriff claims that "[our agency has been incident free since March 11, 2005 ." Id . The Sheriff has apparently forgotten about the suspicious death of inmate Richard Glasco in his cell on March 19, 2008, which is currently being investigated by the FBI and the U .S . Attorney . (Report at 10-11 .) Finally, the Sheriff claims that Brian Nichols was moved to the DeKalb County Jail as part of a general transfer of inmates to accommodate renovations at the jail . Id . This is not true, and the Sheriff knows it . In fact, the Court was personally asked by the Fulton County District Attorney to remove Nichols from the Fulton County Jail because it had been discovered that Nichols had managed to obtain a cell phone and was plotting an escape . The Court personally attempted to have Nichols moved to a federal facility and, when that proved impossible, arranged for his transfer to the DeKalb County Jail .
The Court cannot control the Sheriffs public pronouncements about the jail, which appear to the Court to be motivated by purely political
7
D 72A l ev . $I82)

Case 1:04-cv-01416-MHS Document 205 Filed 07/10/08 Page 8 of 8
considerations . However, the Court will not tolerate the Sheriffs continued refusal to live up to his obligations under the Consent Order .
Accordingly, it is hereby ORDERED that the Sheriff appear in Courtroom 1 707 at 11 :00 a .m. on Friday, July 25, 2008, and show cause why he should not be held in contempt .
IT IS SO ORDERED, this V day of~4uly, 20
Marvin H . Shoob, Senior Judge United States District Court Northern District of Georgia
8
) 72A ev . 8/82)

 
 Case 1:04-cv-01416-MHS Document 247 Filed 04/29/10 Page 1 of 2

IN THE LTNITED STATES DISTRICT COURT 
 FOR THE NORTHERN DISTRICT OF GEORGIA 

ATLANTA DIVISION 


FREDERICK HARPER, et aI., individually and on behalf of all present and future inmates in the Fulton County Jail in Atlanta, Georgia,
Plaintiffs,
v.
FULTON COUNTY, GEORGIA, et aI.,
Defendants.
THEODORE JACKSON, Fulton County Sheriff, in his official capacity,
Defendant and Third-party Plaintiff,
v.
JIM DONALD, Commissioner, Georgia Department of Corrections, in his official capacity, et aI.,
Third-party Defendants.

CIVIL ACTION NO. 1:04-CV-1416-MHS

ORDER It is hereby ordered that the Consent Order (Doc. 89) in this case is to be amended as follows. Paragraph 18 is amended to read:

Case 1:04-cv-01416-MHS Document 247 Filed 04/29/10 Page 2 of 2

"18. The population of the 90 I Rice Street facility shall not exceed an

average of 2500 inmates daily in any calendar month so long as all housing units

are being utilized. If one or more cellblocks are not being used, the population

shall be reduced by the number of inmates normally housed in that part of the Jail.

Other population figures in this Consent Order shall be adjusted in this manner:

No inmates shall be housed at Bellw d, nd Marietta shall not exceed 100."

~1 So Ordered this

day of1J4P-'''I--' 2010.

2 


 
 Case 1:04-cv-01416-MHS Document 288 Filed 01/29/13 Page 1 of 13

UNITED STATES DISTRICT COURT 
 NORTHERN DISTRICT OF GEORGIA 

ATLANTA DIVISION 


FREDERICK HARPER, et aL, individually and on behalf of all present and future inmates in the Fulton County Jail in Atlanta, Georgia,
Plaintiffs,
v.
FULTON COUNTY, GEORGIA, et aL,
Defendants.

CIVIL ACTION 1:04-CV-1416-MHS

THEODORE JACKSON, Fulton County Sheriff, in his official capacity,
Defendant and Third-party Plaintiff,
v.
JIM DONALD, Commissioner, Georgia Department of Corrections, in his official capacity, et aL,
Third-party Defendants.

A072A (Rev.8/82)

Case 1:04-cv-01416-MHS Document 288 Filed 01/29/13 Page 2 of 13
ORDER
Before the Court is a motion to terminate prospective relief filed by defendants Fulton County and the Fulton County Board of Commissioners (the County or County defendants).! For the following reasons, the Court denies the motion.
Background On May 19, 2004, plaintiff Frederick Harper, an inmate at the Fulton
County J ail, filed this action pro se alleging the use ofexcessive force by a jail officer. On June 22,2004, attorneys from the Southern Center for Human Rights appeared on behalf of plaintiff and filed an amended class action complaint on behalf of all inmates at the Fulton County Jail seeking declaratory and injunctive relief to correct allegedly deplorable conditions at the jail. The amended complaint alleged, among other things, that the jail was dangerously overcrowded and understaffed, and that the locks on many of the cells did not work. Am. Compl. ~~ 24-26.

A072A (Rev.a/a2)

1 Defendant Fulton County Sheriff Ted Jackson has not joined the County's motion.
2

Case 1:04-cv-01416-MHS Document 288 Filed 01/29/13 Page 3 of 13
In December 2005, the parties reached a settlement and presented the Court with a comprehensive Consent Order enumerating the actions defendants had agreed to undertake to remedy the conditions at the jail. Following a fairness hearing, the Court approved the settlement and entered the Consent Order on February 7,2006. Among other things, the Consent Order places a cap of 2,500 on the number of inmates that may be housed at the jail's Rice Street facility.2 Consent Order ,-r 18. The Consent Order also establishes mandatory minimum staffing levels for each cellblock and requires that "[a]ll cell doors at the Jail shall be equipped with functioning locks which can be opened remotely from the tower," and that "[tlhese locks shall be maintained in good working order." Id.,-r,-r 16, 25-26.
Since entry of the Consent Order, defendants have taken significant steps toward achieving compliance with its provisions. As a result, conditions at the jail are much improved today compared to when this lawsuit was filed. Nevertheless, compliance still has not been achieved with the two critical Consent Order provisions requiring adequate staffing and functioning locks.
2 The Consent Order originally set a cap of2,250, but the Court later agreed to increase the cap to 2,500. Order of April 29, 2010.
3
A072A (Rev.8/82)

Case 1:04-cv-01416-MHS Document 288 Filed 01/29/13 Page 4 of 13
The latest quarterly report by the court-appointed monitor states that coverage of officer and supervisor mandated posts improved slightly over the previous quarter but still fell short of full compliance. Twenty-Fifth Quarterly Report of the Court Monitor at 4 (Jan. 10,2013). The report also estimates that the replacement of non-functioning locks at the jail, for which the Board of Commissioners did not approve funding until last month, will not be completed until November. Id. at 7.
At a meeting with the parties in chambers on December 11, 2012, the Chairman of the Fulton County Board of Commissioners acknowledged that defendants were not in compliance with the Consent Order's requirements regarding staffing and locks but at the same time expressed the County's desire to end the Court's supervision of the jail. The Court instructed the Chairman to notify the Court when the locks had been replaced and another meeting with the parties would be scheduled to discuss termination. Less than a month later, on January 4, 2013, the County defendants moved to terminate prospective relief.
4 

A072A (Rev.8/82)

Case 1:04-cv-01416-MHS Document 288 Filed 01/29/13 Page 5 of 13
Discussion The County defendants contend that they are entitled to termination
of prospective relief under both the Prison Litigation Reform Act of 1995 (PLRA), 18 U.S.C. § 3626, and Rule 60(b) of the Federal Rules of Civil Procedure. The Court addresses each ground in turn below.
I. PLRA3 The PLRA provides in pertinent part that prospective relief ordered in
a prison conditions case "shall be terminable upon the motion ofany party ... 2 years after the date the court granted or approved the prospective relief." 18 U.S.C. § 3626(b)(I)(A)(i). However, "[p]rospective relief shall not terminate if the court makes written findings based on the record that
3 The PLRA requires the court to "promptly rule" on any motion to terminate prospective relief and imposes an "automatic stay" ofsuch reliefbeginning 30 days after the motion is filed unless the Court finds good cause to postpone the effective date "for not more than 60 days." 18 U.S.C. § 3626(e). The County states that it "does not wish to take advantage ofthe automatic stay provisions at this time" and does not seek relief until "on or about July 1, 2013." Mot. to Terminate Prospective Relief at 2 n.1. In essence, the County defendants acknowledge that their motion is premature and ask the Court to hold it in abeyance. They do not explain why they chose to file their motion now rather than waiting until it was ripe for decision, and they cite no authority that would allow the Court to ignore the statute's automatic stay provisions. Regardless of whether the County intends to take advantage of the stay, if the Court does not rule, it will take effect automatically. Therefore, in order to avoid any question about the Consent Order's continuing effectiveness, the Court must rule on the motion now.
5
A072A (Rev.8/82)

Case 1:04-cv-01416-MHS Document 288 Filed 01/29/13 Page 6 of 13
prospective relief remains necessary to correct a current and ongOIng violation of the Federal right, extends no further than necessary to correct the violation of the Federal right, and that the prospective relief is narrowly drawn and the least intrusive means to correct the violation." 18 U.S.C. § 3626(b)(3). More than two years have passed since entry of the Consent Order. Nevertheless, based on the record, the Court finds that all the prerequisites for continuing enforcement of prospective relief are present.
First, in the Consent Order itself, the County defendants agreed and stipulated that the prospective relief set forth "is narrowly drawn, extends no further than necessary to correct the violations of the plaintiffs' federal rights, and is the least intrusive means necessary to correct these violations." Consent Order ~ 107. This relief includes the requirements to staff each cell block with a minimum number of uniformed officers and supervisors and to equip all cell doors with functioning locks. Consent Order ~~ 16, 25-26. The County defendants acknowledge that these requirements have not been satisfied, Defs.' Br. at 4, and they do not suggest that the relief they agreed was necessary seven years ago is no longer needed. Indeed, as set out in plaintiffs' response to the County's motion, the record is replete with evidence
6 

A072A (Rev. 8/82)

Case 1:04-cv-01416-MHS Document 288 Filed 01/29/13 Page 7 of 13
that inmates are able to open cell locks or prevent them from locking, enabling them to regularly leave their cells without permission. PIs.' Resp. at 5-8. Likewise, the record shows that shifts at the jail are not fully staffed with the required number of supervisory officers. Id. at 10-11. Clearly, the combination of non-functioning locks and lack of adequate supervisory staff poses a significant risk of harm to officers, staff, and inmates.
The County argues that full compliance with the Consent Order is not a prerequisite to termination of prospective relief. Defs.' Br. at 4. In essence, the County defendants ask the Court to accept their promise that the locks will be fixed and additional staff will be hired. Such promises carry no weight. The County promised seven years ago to fix the locks and provide adequate staffing. Today these promises remain unfulfilled. To achieve termination of prospective relief, the law requires results, not more promises.4
4 The County's promises ring especially hollow in light ofthe Commissioners' recent decision to cut all funding for outsourcing inmates to other jails. As a result, the ChiefJailer has reportedly said that inmates will again be required to sleep on the floor, a clear violation of the Consent Order. See Rhonda Cook & Johnny Edwards, Jail Can't Rent Beds, ATL. J.-CONST., Jan. 24, 2013, at B1; Consent Order , 19.
7
A072A (Rev.8/82)

Case 1:04-cv-01416-MHS Document 288 Filed 01/29/13 Page 8 of 13
The County also argues that "there are no current and ongOIng constitutional violations at the Fulton County Jail." Defs.' Br. at 4. This argument is without merit. The record establishes that plaintiff class members face a current and ongoing threat of serious harm due to nonfunctioning locks and lack of adequate staffing, that the County defendants have known of this risk at least since the Consent Order was entered nearly seven years ago, and that they have failed to respond reasonably by taking the steps necessary to correct the situation. Thus, there is a current and ongoing violation of plaintiff class members' constitutional right to be protected from violence at the hands of other inmates. See Rodriguez v. Sec'y for Dep't ofCorr., 508 F.3d 611,616-17 (11th Cir. 2007); Cason v. Seckinger, 231 F.3d 777,783-84 (11th Cir. 2000).
Based on the record, the Court finds that prospective relief remains necessary to correct a current and ongoing violation of plaintiffs' federal rights, extends no further than necessary to correct the violation, and is narrowly drawn and the least intrusive means to correct the violation. Therefore, the County is not entitled to termination of prospective relief under 18 U.S.C. § 3626(b)(1)(A)(i).
8
A072A (Rev.8/82)

Case 1:04-cv-01416-MHS Document 288 Filed 01/29/13 Page 9 of 13
II. Rule 60(b) Rule 60(b) ofthe Federal Rules of Civil Procedure provides in pertinent
part that a court may relieve a party from a final judgment or order if "the judgment has been satisfied ... or applying it prospectively is no longer equitable" or for "any other reason that justifies relief." FED. R. ClV. P. 60(b)(5) & (6). The County defendants argue that they are entitled to termination ofprospective relief under these provisions because over the last seven years they have spent hundreds of millions of dollars to fund the Sheriffs budget, repair the jail, and implement programs that have reduced the jail's population, and because they have recently appropriated funds to repair and replace the locks at the jail and are currently working with the Sheriff to assist him in filling vacant staff positions more quickly. Defs.' Br. at 5-6. As a result, they argue, "the work that has already been completed or will be completed in the immediate future, indicates that the mandates ofthe Consent Order have been satisfied" and "applying it prospectively is no longer equitable or fair." Id. at 6. This argument is also without merit.
First, notwithstanding the County's substantial expenditures and achievements to date, even it acknowledges that it has not fully satisfied the
9 

A072A (Rev.8/82)

Case 1:04-cv-01416-MHS Document 288 Filed 01/29/13 Page 10 of 13
terms of the Consent Order. The locks still do not work and staffing is still inadequate. The County's expectation that it will achieve full compliance with these requirements at some point in the near future is not satisfaction of the judgment and does not eliminate the need for an enforcement mechanism to ensure that the County fulfills its obligations under the Consent Order with reasonable promptness and diligence. See Sullivan v. Houston Indep. Sch. Dist., 475 F.2d 1071, 1078 (5th Cir. 1973) (affirming district court's conclusion that judgment had not been satisfied under Rule 60(b)(5) where defendant had complied with literal terms of injunction but failed to show that prospective relief was unnecessary to prevent future violations of plaintiffs' rights).
Second, the County defendants have failed to show that continuing to enforce the Consent Order against them would be inequitable. It is not enough that "it is no longer convenient to live with the terms of a consent decree." Rufo v. Inmates of Suffolk Cnty. Jail, 502 U.S. 367, 383 (1992). Instead, the County "bears the burden of establishing that a significant change in circumstances warrants revision [or termination] of the decree." Id. The County defendants have not demonstrated such a change in
10 

A072A (Rev. 8/82)

Case 1:04-cv-01416-MHS Document 288 Filed 01/29/13 Page 11 of 13
circumstances. The fact that they have spent a substantial amount of money and have achieved compliance with many of the Consent Order's requirements does not constitute a change in circumstances that makes it inequitable to require the County to comply with other, as yet unfulfilled, obligations.
Third, the fact that the County anticipates it "will be in substantial compliance with all of the Consent Decree items" by July 1, 2013, does not justify termination of prospective relief. Defs.' Br. at 4. In applying Rule 60(b)(5), "a critical question ... is whether the objective of the [Consent Order] ... has been achieved." Horne v. Flores, 557 U.S. 433, 450 (2009). Viewed as a whole, the objective of the Consent Order is not simply to eliminate overcrowding, as the County suggests, but to bring conditions at the Fulton County Jail into compliance with constitutional requirements. Obviously, that objective has not been achieved when the absence of functioning locks and the lack of adequate staffing continue to create

AO 72A (Rev.8/82)

11 


Case 1:04-cv-01416-MHS Document 288 Filed 01/29/13 Page 12 of 13
conditions that pose a significant threat of serious harm to plaintiff class members.5
Furthermore, in addition to showing that the objective of the Consent Order has been achieved, the County must demonstrate that "a durable remedy has been implemented." Horne, 557 U.S. at 450. "[A]t a minimum, a 'durable' remedy means a remedy that gives the Court confidence that defendants will not resume their violations of plaintiffs' constitutional rights once judicial oversight ends." Evans v. Fenty, 701 F. Supp. 2d 126, 171 (D. D.C. 2010). Given the history of backsliding after the termination of consent decrees in previous cases challenging conditions at the Fulton County Jail, the County's promise that it will achieve full compliance with the Consent Order in the near future can hardly be considered a "durable remedy."
Finally, absent proof of grounds for relief under Rule 60(b)(5), the County defendants may obtain relief under Rule 60(b)(6) only if they can show "compelling or aggravated circumstances involving extreme hardship
5 As noted above, even the objective of eliminating overcrowding has been placed in jeopardy by the County's decision to cut funding for inmate outsourcing.
12 

A072A (Rev.S/S2)

Case 1:04-cv-01416-MHS Document 288 Filed 01/29/13 Page 13 of 13

and injustice ....') McDonald v. Oliver, 642 F.2d 169, 172 (5th Cir. 1981). The County defendants' very justification for such relief - that they will be able to comply with the Consent Order's provisions in the near future ­ demonstrates that continued enforcement of the Consent Order will produce neither injustice nor extreme hardship.

Summary

For the foregoing reasons, the Court DENIES the County defendants'

motion to terminate prospective relief [#281]

# IT IS SO ORDERED, this

day of January,

M rvin H. Sh b, Senior Judge United States District Court Northern District of Georgia

A072A (Rev.8/82)

13 


 
 Case 1:04-cv-01416-TWT Document 300 Filed 10/10/13 Page 1 of 5

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF GEORGIA

ATLANTA DIVISION

_________________________________

)

FREDERICK HARPER, et al.,

)

individually and on behalf of all present )

and future inmates in the Fulton County )

Jail,

)

)

Plaintiffs,

) CIVIL ACTION

)

v.

) NO. 04-CV-1416-MHS

)

FULTON COUNTY, GEORGIA, et al., )

)

Defendants.

)

_________________________________ )

CLASS MEMBERS’ MOTION TO ORDER DEFENDANTS TO SHOW CAUSE WHY THEY SHOULD NOT BE HELD IN CONTEMPT

Plaintiff Class Members move the Court to order the County Defendants and

the Sheriff to show cause as to why they should not be held in contempt for

violating the terms of the Consent Order [Doc. No. 89] approved and entered by

this Court on December 21, 2005.

Defendants are not complying with core provisions of the Consent Order and

they have not made reasonable efforts to comply. Defendants continue to force

Class Members to sleep on the floor of day rooms in the housing zones of the Jail,

exposing them to risk of assault. See Consent Decree ¶ 19. From April 2013 to

August 2013, Defendants have forced people to sleep on the floor approximately

Case 1:04-cv-01416-TWT Document 300 Filed 10/10/13 Page 2 of 5
12,370 times. While women in the custody of the Fulton County Jail have been moved elsewhere, the Jail continues to force men to sleep on the floor; on the night of October 6, 2013, the number was 225. Moreover, the population surged beyond the 2,500-detainee limit 50 times in July and August 2013.
While cell-lock replacement is underway in some of the Jail’s housing areas, the County estimates that—assuming no further delays—the process will not be complete until March 2014. See Consent Order ¶ 16. In the meantime, detainees continue to exit their cells at will, posing a danger to the other detainees who must live in the Jail and the officers who work there. The threat posed to Class Members by overcrowding and by malfunctioning locks is amplified by the continued understaffing in the Jail—an enduring problem that Defendants have long neglected despite urging from the Court-appointed monitor that they address it.
The appointed monitor, Mr. Calvin Lightfoot, plainly states in his reports to the Court that Defendants have violated the Consent Order by forcing detainees to sleep on the floor of their housing units, by failing to staff all mandated posts in the Jail, and by continuing to detain people in cells whose locks are broken or compromised. Reports of Class Members and records kept by the Jail confirm the violations noted by the monitor. Individually or collectively, Defendants have violated paragraphs 12, 14, 15, 16, 18, 19, 25, 26, 28, 31 and 36 of the Consent
2

Case 1:04-cv-01416-TWT Document 300 Filed 10/10/13 Page 3 of 5
Order, all provisions pertaining to minimally adequate staffing in the Jail, population limits, security and maintenance of cell locks in working order.
Class Counsel has attempted in good faith to remedy conditions in the Fulton County Jail through the dispute resolution procedures set out in paragraph 112 of the Consent Order, but Defendants have not put forth a plan for achieving compliance. Defendants’ violations of the Consent Order have led Jail conditions to deteriorate and have violated the constitutional rights of people incarcerated there, and conditions appear unlikely to improve absent this Court’s intervention.
To hold Defendants in contempt of the Consent Order, this Court must find by clear and convincing evidence (1) that the Consent Order is valid; (2) that the relevant terms of the Consent Order are clear; (3) that Defendants have not complied with the Consent Order; and (4) that Defendants are able to comply with the Consent Order. See F.T.C. v. Leshin, 618 F.3d 1221, 1232 (11th Cir. 2010). As set forth in the attached brief, there is no doubt that the Consent Order is valid, nor is there any doubt that its terms clearly describe what it permits and what it forbids. Clear and convincing evidence shows that Defendants have violated the terms of the Consent Order, and those violations have led to unconstitutional conditions of confinement and violations of the constitutional rights of detainees.
3

Case 1:04-cv-01416-TWT Document 300 Filed 10/10/13 Page 4 of 5
CONCLUSION
Wherefore, Class Members respectfully request that this Court order this
case set for a hearing at which Defendants may show cause as to why they should
not be held in contempt. If the Court holds Defendants in contempt, Class
Members request that the Court impose monetary sanctions until compliance is
attained and mandate that Defendants submit to the Court a plan to bring
themselves into compliance. Class Members further request that the Court award
reasonable attorney fees for bringing this motion and for continued monitoring of
the Consent Decree, and provide such additional relief as the Court deems proper. Respectfully submitted this 10th day of October, 2013.1
s/ Melanie Velez STEPHEN B. BRIGHT Georgia Bar No. 082075 MELANIE VELEZ Georgia Bar No. 512460 SOUTHERN CENTER FOR HUMAN RIGHTS 83 Poplar Street, N.W. Atlanta, Georgia 30303-1202 Tel: (404) 688-1202 Fax: (404) 688-9440 sbright@schr.org mvelez@schr.org
Counsel for Plaintiffs
1 Pursuant to Local Rule 7.1, undersigned counsel hereby certifies that this document has been prepared in compliance with Local Rule 5.1(B).
4

Case 1:04-cv-01416-TWT Document 300 Filed 10/10/13 Page 5 of 5
CERTIFICATE OF SERVICE
I, Melanie Velez, do hereby certify that on October 10, 2013, I electronically
filed the foregoing with the Clerk of the Court using the CM/ECF system, which
will send notification of the filing to all attorneys of record in this case.
s/ Melanie Velez MELANIE VELEZ Georgia Bar No. 512460 SOUTHERN CENTER FOR HUMAN RIGHTS 83 Poplar Street, N.W. Atlanta, Georgia 30303-1202 Tel: (404) 688-1202 Fax: (404) 688-9440 mvelez@schr.org
Counsel for Plaintiffs

 
 Case 1:04-cv-01416-TWT Document 314 Filed 11/25/13 Page 1 of 14

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION

FREDERICK V. HARPER, et al., Plaintiffs, v.
FULTON COUNTY, GEORGIA, et al.,
Defendants.

CIVIL ACTION FILE NO. 1:04-CV-1416-TWT

OPINION AND ORDER

This is a class action involving conditions at the Fulton County Jail. It is before the Court on the Plaintiffs' Motion to Order the Defendants1 to Show Cause Why They Should not be Held in Contempt [Doc. 300]. For the reasons set forth below, the motion is granted.
I. Background On May 19, 2004, the Plaintiff Frederick Harper, an inmate at the Fulton County Jail, filed this action pro se, alleging the use of excessive force by jail staff. On June 22, 2004, attorneys from the Southern Center for Human Rights entered their

1 Fulton County and the individual members of the Fulton County Board of Commissioners will be referred to collectively as the “Fulton County Defendants.”
T:\ORDERS\04\Harper\contempt.wpd

Case 1:04-cv-01416-TWT Document 314 Filed 11/25/13 Page 2 of 14
appearance on behalf of the Plaintiffs and filed an amended class action complaint on behalf of all inmates at the Fulton County Jail seeking declaratory and injunctive relief with regard to allegedly deplorable conditions at the jail. The amended complaint alleged, among other things, that the jail was dangerously overcrowded and understaffed, and that the locks on many of the cells did not work. Am. Compl. [4] ¶¶ 24-26.
In December 2005, the parties reached a settlement and presented the Court with a comprehensive Consent Order enumerating the actions the Defendants had agreed to undertake to remedy the conditions at the jail. Following a fairness hearing, the Court approved the settlement and entered the Consent Order on February 7, 2006. Among other things, the Consent Order placed a cap of 2,500 on the number of inmates that may be housed at the jail's Rice Street facility2 and provides that "[n]o inmate shall be required to sleep on the floor." Consent Order [89] ¶¶ 18-19. The Consent Order also established mandatory minimum staffing levels for each cellblock and required that "[a]ll cell doors at the Jail shall be equipped with functioning locks which can be opened remotely from the tower," and that "[t]hese locks shall be maintained in good working order." Id. ¶¶ 16, 25-26.

2 The Consent Order originally set a cap of 2,250, but the Court later agreed to increase the cap to 2,500. Order of April 29, 2010 [247] at 2.

T:\ORDERS\04\Harper\contempt.wpd

-2-

Case 1:04-cv-01416-TWT Document 314 Filed 11/25/13 Page 3 of 14

Pursuant to the terms of the Consent Order, a monitor selected by the parties inspects the jail at least once a quarter and provides a report to the Court and the parties on the Defendants' compliance. Id. ¶ 103. The current monitor, Calvin Lightfoot, inspects the jail every month and produces a quarterly report. The monitor's latest report, issued last month, states that due to an increase in the number of inmates and the Fulton County Defendants' decision to eliminate funding for outsourcing inmates to other jails, the population at the Rice Street facility has exceeded the cap of 2,500. Twenty-Eighth Quarterly Report of the Court Monitor [303] at 7. Consequently, large numbers of inmates are sleeping on the floor. Id. The monitor also reports that the jail continues to be understaffed, with officer and supervisor mandated posts achieving only 88% and 78% coverage, respectively. Id. at 6-7. Finally, the monitor reports that a contractor hired by the County has begun replacing malfunctioning locks at the jail, but that the process will not be completed until April or May of 2014. Id. at 9. As a result of overcrowding, understaffing, and the continued existence of malfunctioning locks, it is the monitor's opinion that "the Fulton County Jail, at this juncture, is an unsafe facility for inmates and staff." Id. at 11.
On October 10, 2013, the Plaintiffs moved for an order requiring the Defendants to show cause why they should not be held in contempt. The Plaintiffs

T:\ORDERS\04\Harper\contempt.wpd

-3-

Case 1:04-cv-01416-TWT Document 314 Filed 11/25/13 Page 4 of 14
allege that the Defendants are violating the Consent Order by forcing inmates to sleep on the floor, failing to staff all mandated posts in the jail, and continuing to detain inmates in cells whose locks are broken or compromised. The Plaintiffs allege that these violations have led to unconstitutional conditions of confinement and violations of the constitutional rights of inmates by creating an objectively substantial risk of serious harm. The Plaintiffs seek an order imposing monetary sanctions until compliance with the Consent Order is achieved, and requiring the Defendants to submit a plan to the Court to bring themselves into compliance with the Consent Order.
In response to the Plaintiffs' motion, Sheriff Jackson does not dispute that inmates are sleeping on the floor, that the jail is not adequately staffed, and that the population of the Rice Street facility has exceeded 2,500 in recent months.3 The Sheriff contends, however, that he cannot be held in contempt for these admitted violations of the Consent Order because he is unable to comply with its provisions. The Sheriff argues that he is unable to comply with the provisions regarding the population cap and inmates sleeping on the floor because the Fulton County Board of

3 The Sheriff does not directly address the issue of malfunctioning locks, but he does note that the County is in the process of installing new locks in the cells, which has exacerbated the overcrowding problem because inmates must be moved from the cell blocks where new locks are being installed.

T:\ORDERS\04\Harper\contempt.wpd

-4-

Case 1:04-cv-01416-TWT Document 314 Filed 11/25/13 Page 5 of 14

Commissioners has eliminated all funding for outsourcing inmates to other jails. The Sheriff states that he has negotiated agreements with other jurisdictions willing to house Fulton County inmates, and that he could eliminate overcrowding at the Rice Street facility if the Commissioners would provide the necessary funding.
With regard to staffing, the Sheriff cites several conditions that he says prevent him from complying with the Consent Order's requirements, all of which relate either to a lack of adequate funding or a lack of cooperation by the Fulton County Defendants. First, the Sheriff argues that despite numerous requests, the County has not funded a staffing analysis to determine exactly how many positions at the jail should be funded and how those positions should be allocated. Second, the Sheriff contends that the County has decreased his staffing total for the last three years in a row, making it impossible for him to adequately staff the jail and also fulfill his other obligations to provide court security, serve legal process, and transport inmates for court appearances. Third, the Sheriff contends that County regulations prevent him from filling vacant positions until the County has paid out accrued leave time to the former staff member, and that the County has refused to modify this requirement. Fourth, although the County's hiring freeze does not apply to the Sheriff's Office, the Sheriff points out that he is still required to obtain approvals from multiple County departments before filling a position, as a result of which it takes a candidate

T:\ORDERS\04\Harper\contempt.wpd

-5-

Case 1:04-cv-01416-TWT Document 314 Filed 11/25/13 Page 6 of 14

approximately seven months to navigate the hiring process. Finally, the Sheriff notes that all of these conditions contribute to a high attrition rate as deputies seek employment elsewhere rather than remaining in a jail that is regularly understaffed and where they are subject to a dangerous work environment and frequent overtime.
In their response to the Plaintiffs' motion, the Fulton County Defendants deny that they are violating any provision of the Consent Order. They contend that their only obligation is to adequately fund sufficient positions for the Sheriff to be able to perform his statutory duties and to maintain the physical plant of the jail, and that they have done so. The Fulton County Defendants do not dispute that the Rice Street facility has recently exceeded the population cap and that inmates are being required to sleep on the floor. They argue, however, that they cannot be held in contempt for such violations because the provisions of the Consent Order relating to these matters do not unambiguously apply to them. In addition, the Fulton County Defendants argue that the parties' course of dealing and the Court's previous orders indicate that these requirements are solely the Sheriff's responsibility. The Fulton County Defendants also contend that provisions in the Consent Order addressing actions to be taken if the population exceeds the cap show that the parties anticipated the cap would be violated, and that such a violation therefore cannot serve as a basis for contempt. Finally, the Fulton County Defendants argue that they cannot be held in

T:\ORDERS\04\Harper\contempt.wpd

-6-

Case 1:04-cv-01416-TWT Document 314 Filed 11/25/13 Page 7 of 14

contempt for eliminating funding for outsourcing because the Consent Order does not require outsourcing. And when the inmate population increased after funding for outsourcing was eliminated, the County agreed to lease the South Fulton Municipal Regional Jail in Union City to provide additional bed space.
With regard to staffing, the Fulton County Defendants contend that their sole obligation is to fund the number of positions set out in Appendix B to the Consent Order and not to freeze or otherwise prevent the filling of these positions. They contend that they have complied with this obligation. In stark contrast to the Sheriff's argument, the Fulton County Defendants argue that rather than hindering the Sheriff in filling these positions, they have actually taken steps to speed up the Sheriff's hiring process. The Fulton County Defendants note that the total number of positions approved for the Sheriff's Office for 2012 far exceeded the number of positions needed to staff the positions mandated by the Consent Order.
Finally, with regard to the locks, the Fulton County Defendants acknowledge that they have undertaken to replace all of the existing locks at the jail. Nevertheless, the Fulton County Defendants contend that the old locks continue to be maintained and are in compliance with the terms of the Consent Order. Even if the locks are not in compliance, the Fulton County Defendants argue that they cannot be held in contempt for failing to maintain functioning locks because it is the Plaintiffs

T:\ORDERS\04\Harper\contempt.wpd

-7-

Case 1:04-cv-01416-TWT Document 314 Filed 11/25/13 Page 8 of 14

themselves who have created the condition about which they complain by vandalizing and otherwise attempting to destroy the locks.
II. Discussion "[I]njunctions, including consent decrees, . . . are enforced through the trial court's civil contempt power." Reynolds v. Roberts, 207 F.3d 1288, 1298 (11th Cir. 2000) (citation omitted). A petitioner "must [first] establish by clear and convincing evidence that the alleged contemnor violated [a] court's earlier order." United States v. Roberts, 858 F.2d 698, 700 (11th Cir. 1988) (citation omitted). Once this prima facie showing of a violation is made, the burden then shifts to the respondent "to produce evidence explaining his noncompliance" at a "show cause" hearing. Citronelle-Mobile Gathering, Inc. v. Watkins, 943 F.2d 1297, 1301 (11th Cir. 1991). At the show cause hearing, the respondent is allowed to show either that he did not violate the court order or that he was excused from complying. Chairs v. Burgess, 143 F.3d 1432, 1436 (11th Cir. 1998) The respondent may be excused because of an "inability" to comply with the terms of the order. Id. To satisfy this burden, the respondent must "offer proof beyond the mere assertion of an inability." Id. (quoting (Watkins, 943 F.2d at 1301). Instead, the respondent "demonstrate [s] an inability to comply only by showing that [he has] made ‘in good faith all reasonable efforts to comply.’" Id. (quoting Watkins, 943 F.2d at 1301).

T:\ORDERS\04\Harper\contempt.wpd

-8-

Case 1:04-cv-01416-TWT Document 314 Filed 11/25/13 Page 9 of 14

In this case, the Plaintiffs have clearly stated a case of non-compliance. First, they have cited provisions of the Consent Order capping the population of the Rice Street facility at 2,500 inmates, stating that no inmate shall be required to sleep on the floor, mandating certain minimum staffing levels, and requiring that cell doors be equipped with functioning locks. Next, they have produced evidence that the jail's population has frequently exceeded the cap in recent months, that large numbers of inmates have been required to sleep on the floor, that the jail remains chronically understaffed, and that locks in most areas of the jail do not function properly and permit inmates to leave their cells at will. The Defendants do not seriously dispute the Plaintiffs' factual allegations. Instead, they argue that a show cause order should not issue because they cannot legally be held in contempt. The Court finds the Defendants' arguments without merit.
First, the Sheriff confuses the findings this Court must make to hold him in contempt with the Plaintiffs' burden to obtain a show cause hearing. At this stage, the Plaintiffs must show only that the Consent Order has been violated, a showing that the Sheriff concedes that the Plaintiffs have made. Once this prima facie showing of a violation is made, the burden then shifts to the Sheriff to produce evidence explaining his non-compliance at a show cause hearing. The Sheriff asserts that he is unable to comply because of a lack of funding and cooperation from the Fulton County

T:\ORDERS\04\Harper\contempt.wpd

-9-

Case 1:04-cv-01416-TWT Document 314 Filed 11/25/13 Page 10 of 14

Defendants, but to satisfy his burden the Sheriff must offer proof beyond the mere assertion of an inability. He must show that he has made in good faith all reasonable efforts to comply.
Second, contrary to the Fulton County Defendants' argument, the Consent Order's provisions regarding the population cap and inmates sleeping on the floor clearly apply to both them and the Sheriff. Where the parties intended responsibility for compliance to be placed on only the Sheriff or the Fulton County Defendants, the Consent Order clearly says so. Where responsibility for compliance is not so specified – as in the provisions regarding the population cap and inmates sleeping on the floor, Consent Order [89] ¶¶ 18-19 – the only reasonable interpretation is that the parties intended the Sheriff and the Fulton County Defendants to be jointly responsible for compliance. Indeed, this is how the Fulton County Defendants themselves interpret the Consent Order's provision regarding functioning locks, which also does not specify who is responsible for compliance. See County Defs.' Resp. [308] at 13-14 (arguing that County is in compliance with this provision). Their contrary interpretation of the provisions regarding the population cap and inmates sleeping on the floor is not only inconsistent with this understanding but also violates black letter principles of contract law, because it would essentially nullify these provisions by rendering them completely unenforceable. See Florida Polk Cnty. v. Prison Health

T:\ORDERS\04\Harper\contempt.wpd

-10-

Case 1:04-cv-01416-TWT Document 314 Filed 11/25/13 Page 11 of 14

Servs., 170 F.3d 1081, 1084 (11th Cir. 1999) ("It is a venerable principle of contract law that the provisions of a contract should be construed so as to give every provision meaning."); see also O.C.G.A. § 13-2-2 ("The construction which will uphold a contract in whole and in every part is to be preferred").
Third, the fact that the Consent Order requires the Sheriff to take certain actions to reduce the number of inmates in the event that the jail's population approaches or exceeds the cap, see Consent Order [89] ¶¶ 35-38, does not mean that the Defendants cannot be held in contempt for violating the cap. The parties obviously anticipated that the population might approach or even exceed the cap on occasion, and these provisions were intended either to avoid or promptly remedy any such violation. Where such measures are ineffective, however, and the population remains above the cap, nothing in these provisions relieves the Defendants of the obligation to take whatever further steps may be necessary to comply with the cap, and their failure to do so may result in a finding of contempt.
Fourth, the Fulton County Defendants are wrong when they argue that their elimination of funding to house Fulton County inmates in other jails cannot support a finding of contempt. It does not matter that the Consent Order does not expressly require outsourcing of inmates. The Consent Order does clearly require that the population not exceed the established cap and that inmates not be required to sleep on

T:\ORDERS\04\Harper\contempt.wpd

-11-

Case 1:04-cv-01416-TWT Document 314 Filed 11/25/13 Page 12 of 14

the floor. If the evidence shows that the Fulton County Defendants' decision to eliminate funding for outsourcing resulted in the violation of these provisions, then that decision may support a finding of contempt. It also does not matter that this Court has previously disapproved of outsourcing as a means to remedy overcrowding. Although it would have been preferable if the Fulton County Defendants had pursued other, more reasonable and cost-effective means to address this problem – such as expanding the capacity of the Rice Street facility or acquiring another existing facility4 – their failure to do so does not relieve them of their obligations under the Consent Order. If outsourcing is the only available means to eliminate overcrowding, then the Fulton County Defendants must fund outsourcing.
Fifth, the Fulton County Defendants' obligations with regard to staffing are not as limited as they contend. The Consent Order provides that the number of uniformed officers shall not be decreased below the level authorized on June 1, 2005, as set out in Appendix B, and that the Board of Commissioners shall not "freeze" or otherwise prevent the filling of these positions. Consent Order [89] ¶ 12. The Fulton County Defendants' obligations, however, do not end there. The Consent Order also requires

4 In August, the Fulton County Board of Commissioners approved the lease of the South Fulton Municipal Regional Jail in Union City, which is now being used to house female inmates. While commendable, the County’s action has not solved the problem. Overcrowding at the Rice Street facility continues despite the transfer of the female inmates.

T:\ORDERS\04\Harper\contempt.wpd

-12-

Case 1:04-cv-01416-TWT Document 314 Filed 11/25/13 Page 13 of 14

the Sheriff to assign a minimum number of uniformed officers to each floor on each shift and specifically states that "[m]aintaining sufficient personnel to meet these staffing levels 24 hours a day seven days a week is necessary for the safety and security of inmates and jail personnel and shall be a high priority of the Sheriff." Id. ¶¶ 25-26, 28. In order for the Sheriff to satisfy these requirements, the County must fund a sufficient number of positions to fill all of the mandated posts. According to the monitor, over the last three years, the County has reduced overall staffing for the Sheriff's Office by more than 10%, from 1,102 to 987 positions. Twenty-Sixth Quarterly Report of the Court Monitor [292] at 4. The Sheriff contends that these reductions have made it impossible for him to adequately staff the jail while also carrying out his other statutory duties. If this is true, then the County's actions in reducing the overall staffing level of the Sheriff's Office may support a finding of contempt. See Order of Jan. 26, 2009 [216] at 2 ("[I]t is [the County defendants'] obligation to budget sufficient funds to enable the Sheriff to comply with all requirements set out in the Consent Decree. This obligation is unconditional.") (emphasis in original).
Finally, the Fulton County Defendants' argument that the Plaintiffs cannot enforce the Consent Order's provision requiring functioning locks because plaintiff class members rendered the locks inoperable through acts of vandalism is also without

T:\ORDERS\04\Harper\contempt.wpd

-13-

Case 1:04-cv-01416-TWT Document 314 Filed 11/25/13 Page 14 of 14
merit. Even assuming it was the acts of certain class members that rendered the locks inoperable, the unclean hands of some class members does not justify denying relief to the entire class. See Harris v. City of Philadelphia, 47 F.3d 1333, 1342 (3d Cir. 1995) ( "[E]ven if the isolated acts of certain members of the plaintiff class reflect fraud, unconscionability, or bad faith, those acts do not justify denying relief to the plaintiff class as a whole, which has not been shown to have acted in bad faith.").
III. Conclusion For the reasons set forth above, the Plaintiffs' Motion to Order the Defendants to Show Cause Why They Should not be Held in Contempt [Doc. 300] is GRANTED. A show cause hearing will be scheduled in the near future. The Chairman of the Fulton County Commission and the Sheriff of Fulton County will be required to attend the hearing in person. SO ORDERED, this 25 day of November, 2013.
/s/Thomas W. Thrash THOMAS W. THRASH, JR. United States District Judge

T:\ORDERS\04\Harper\contempt.wpd

-14-

 
 Case 1:04-cv-01416-TWT Document 323 Filed 02/04/14 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION

FREDERICK V. HARPER, et al., Plaintiffs, v.
FULTON COUNTY, GEORGIA, et al.,
Defendants.

CIVIL ACTION FILE NO. 1:04-CV-1416-TWT

ORDER

This is a civil rights action concerning the unconstitutional conditions under which inmates are housed at the Fulton County jail. It is before the Court on the Plaintiffs’ Motion to Hold the Defendants in Contempt [Doc. 300]. A two-day hearing on the motion is scheduled for February 6 and 7, 2014. Yesterday, the parties filed a Joint Motion to Remove Order to Show Cause From Court’s Hearing Calendar [Doc. 321]. The parties jointly request that the hearing be continued to give the Defendants additional time to address the Consent Order violations identified in the Court’s Show Cause Order of November 25, 2013. The motion also identifies certain actions that the Defendants have taken in the interim to improve conditions at the jail. It appears to me that the request to postpone the hearing is reasonable and appropriate under the

T:\ORDERS\04\Harper\hearing.wpd

Case 1:04-cv-01416-TWT Document 323 Filed 02/04/14 Page 2 of 2
circumstances, and that granting the request would be in the public interest. Therefore, the Joint Motion to Remove Order to Show Cause From Court’s Hearing Calendar [Doc. 321] is GRANTED. The parties will be notified of a status conference after July 31, 2014, to discuss dates for a hearing.
SO ORDERED, this 4 day of February, 2014.
/s/Thomas W. Thrash THOMAS W. THRASH, JR. United States District Judge

T:\ORDERS\04\Harper\hearing.wpd

-2-

 
 Case 1:04-cv-01416-TWT Document 368 Filed 05/12/15 Page 1 of 7

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

FREDERICK HARPER, et al., Plaintiffs,
v. Fulton County, et al.,
Defendants.

) ) ) ) CIVIL ACTION FILE NO. ) ) 1:04-CV-01416-TWT ) ) )

ORDER

This matter is before the Court on Defendant Fulton

County’s Motion to Terminate Prospective Relief (Doc. 357).

Upon consideration of the same, the evidence and argument

presented by the parties at a hearing on April 24, 2015, and

consideration of the law and facts presented, for the reasons

set forth herein, the motion is hereby GRANTED.

I. Background This is a class action lawsuit filed in 2004, stemming from the then-unconstitutional conditions of confinement at the Fulton County Jail (the “Jail”). The Plaintiffs are or were all inmates confined at the Jail. In 2006, the Parties entered into a Consent Order, sanctioned by this Court, setting forth relief pursuant to 18 U.S.C. § 3626. At that time, the parties agreed, and the Court found, that the conditions of the Jail were

Case 1:04-cv-01416-TWT Document 368 Filed 05/12/15 Page 2 of 7
accurately described in a report on the Jail by Dr. Robert Greifinger. That report was made “Exhibit A” to the Consent Order. The parties further agreed that the requirements set forth in the Consent Order were narrowly drawn, extended no further than necessary to correct the violations of the plaintiffs’ federal rights, and were the least intrusive means to correct those violations.
Fulton County has brought a motion to terminate the Consent Order pursuant to 18 U.S.C. § 3626(b)(1)(A) or to modify the Consent Order pursuant to Federal Rule of Civil Procedure 60(b). The Plaintiffs and Defendant Sheriff oppose this motion.
II. The Legal Standard 18 U.S.C. § 3626(b)(1)(A) provides in relevant part that:
“In any civil action with respect to prison conditions in which prospective relief is ordered, such relief shall be terminable upon the motion of any party or intervener—
(i)2 years after the date the court granted or approved the prospective relief”.
Furthermore, subsection (b)(3) provides that: “(p)rospective relief shall not terminate if the court makes written findings based on the record that prospective relief remains necessary to correct a current and ongoing violation of the Federal right, extends no further than necessary to correct the violation of the Federal right, and that the prospective relief is narrowly drawn and the least intrusive means to correct the violation”.
Page 2 of 7

Case 1:04-cv-01416-TWT Document 368 Filed 05/12/15 Page 3 of 7
Thus, in order to maintain the Consent Order in this case, this Court must find current and ongoing violations of the Federal rights of the Plaintiffs. It is not sufficient that specific terms of the Consent Order are not being met. See Cason v. Seckinger, 231 F.3d 777 (11th Cir. 2000). Finally, “current and ongoing” does not mean a potential or even likely future violation, rather “current and ongoing” means a violation that is ongoing at the time the Court conducts the § 3626(b)(3) inquiry. Cason at 784.
Fulton County has also moved to end or otherwise modify the Consent Order pursuant to Federal Rule of Civil Procedure 60(b)(5) and (6). That section authorizes a Court to relieve a party from a final judgment, order, or proceeding when “applying it prospectively is no longer equitable; or [for] any other reason that justifies relief.” F.R.C.P. 60(b)(5), (6). Such a finding will be satisfied when there has been a significant change in fact or law rendering the continued enforcement “detrimental to the public interest”. Horne v. Flores, 557 U.S. 433 (2009), citing Rufo v. Inmates of Suffolk County Jail, 502 U.S. 367 (1992).
Page 3 of 7

Case 1:04-cv-01416-TWT Document 368 Filed 05/12/15 Page 4 of 7
III. Discussion The Plaintiffs have asserted that the Jail is “dangerously understaffed” and that the understaffing is leading to constitutional violations in the form of delayed medical care as well as a significant risk of inmate on inmate assaults. In support of this assertion, the Plaintiffs have presented evidence, in the form of reports and affidavits, of individual accounts of either delayed medical care, violent assaults, or delayed response to assaults, all due to alleged staffing shortages. The Plaintiffs also point to the fact that the Jail’s accreditation from National Commission on Correctional Health Care was recently withdrawn. While the Sheriff is reluctant to state that there are ongoing constitutional violations at the Fulton County Jail, he generally agrees that staffing is below that required by the Consent Order and that he needs more staff to adequately run the Jail. In addition, the Court has heard from Calvin Lightfoot, the Court-appointed monitor in this case. Mr. Lightfoot reported that meeting the mandated staffing requirements is the one area that the County and Sheriff are still not in compliance with. Mr. Lightfoot further reported, however, that the Jail is far safer than it has been at any time during his tenure as monitor, and that he could not say, as a matter of fact, that the
Page 4 of 7

Case 1:04-cv-01416-TWT Document 368 Filed 05/12/15 Page 5 of 7
staffing levels at the Jail are directly linked to any of the alleged violence there. Furthermore, Mr. Lightfoot has stated that the Jail is well run, and has far fewer incidents of violence than other Jails the monitor has had experience with.
Based upon the evidentiary record, this Court cannot find that there are current and ongoing violations of the Plaintiffs’ federal rights. Although a delay in medical care is reason for concern, to amount to a constitutional violation, the Plaintiffs must establish that serious medical needs were unattended for non-medical reasons or show such deficiencies in the policies of staffing or procedures such that they are effectively denied access to adequate medical care. Anderson v. City of Atlanta, 778 F.2d 678 (11th Cir. 1985). Given the significant actions the County and Sheriff have taken with respect to staffing, policy and procedure, and funding the Jail, the Court cannot make such a finding.
With respect to inmate assaults, the Court recognizes that jails are dangerous places and that occasional, random violence demonstrates, “the tragic realities of jail and prison life that detainees are often subject to, absent fault on the part of individual jail [staff].” Grieveson v. Anderson, 538 F.3d 763 (7th Cir. 2008). Although the assault claim is disturbing, it cannot be said that the Sheriff and County have turned a blind
Page 5 of 7

Case 1:04-cv-01416-TWT Document 368 Filed 05/12/15 Page 6 of 7
eye to the problem. Rather, the record before me indicates that the County and Sheriff have worked collaboratively to address many of the problems that have led to assaults in the past – crowding, broken locks, lack of security rounds and a lack of security cameras. All of these problems have been addressed, leading this Court to countenance the words of the Mr. Lightfoot, that the Jail is safer than it has been at any time within the past ten years and that inmate assaults are surprisingly uncommon.
Finally, the Court finds that there has been a significant change in facts, such that termination of the Consent Order is further warranted under Federal Rule of Civil Procedure 60(b). At the time this lawsuit was filed, the Jail was dangerously over-crowded, housing over 3000 inmates. Inmates stayed in portable beds in day rooms and slept 3 to a cell. The delivery of medical and mental health care was haphazard at best. The physical systems at the Jail were broken. Cell locks did not lock. Showers flooded. The heating, electrical and airconditioning systems often failed. Since that time, all of the major systems at the Jail have been repaired or upgraded. The locks now function remotely and appear to be incapable of being compromised. Crowding has been alleviated. Cameras observe and record incidents as they take place. An operations and
Page 6 of 7

Case 1:04-cv-01416-TWT Document 368 Filed 05/12/15 Page 7 of 7
maintenance system has been put in place to maintain the physical plant. While the staffing is less than ideal, the Constitution does not require ideal.
IV. Conclusion The Court is satisfied that the fundamental purpose behind the Consent Order, to provide a constitutional jail, has been met. The Court commends all of the parties for working in a largely collaborative effort during the course of this Consent Order to bring the Jail to a far, far better state than it was at the time the Consent Order was first entered. The Court encourages the parties to continue their efforts in that regard, but it will no longer require them to do so as the result of this Court’s Order. The Consent Order in this case is terminated. So ORDERED, this 7th day of May, 2015.
/s/Thomas W. Thrash
Thomas W. Thrash, Jr.
United States District Judge
Page 7 of 7

 
 Case: 1:04-cv-1416 As of: 03/28/2016 10:23 PM EDT 1 of 41
4months,CLOSED
U.S. District Court Northern District of Georgia (Atlanta) CIVIL DOCKET FOR CASE #: 1:04−cv−01416−TWT

Harper v. Bennet, et al Assigned to: Judge Thomas W. Thrash, Jr Demand: $0 Case: 1:05−cv−03286−MHS Cause: 42:1983 Prisoner Civil Rights
Plaintiff
Frederick V. Harper

Date Filed: 05/19/2004 Date Terminated: 05/12/2015 Jury Demand: None Nature of Suit: 550 Prisoner: Civil Rights Jurisdiction: Federal Question
represented by Stephen Brooks Bright Southern Center for Human Rights 83 Poplar Street, N.W. Atlanta, GA 30303−2122 404−688−1202 Email: sbright@schr.org LEAD ATTORNEY ATTORNEY TO BE NOTICED
John Frederick Sweet Clements &Sweet 175 Trinity Avenue, S.W. Atlanta, GA 30303 404−688−6700 Fax: 404−688−6703 TERMINATED: 07/16/2014
Joshua R. Lipman Southern Center for Human Rights 83 Poplar Street, N.W. Atlanta, GA 30303 404−688−1202 Fax: 404−688−9440 Email: jlipman@schr.org TERMINATED: 12/12/2006
Lisa L. Kung Southern Center for Human Rights 83 Poplar Street, N.W. Atlanta, GA 30303−2122 404−688−1202 Email: lkung@schr.org TERMINATED: 02/09/2010
Melanie Velez Southern Center for Human Rights 83 Poplar Street, N.W. Atlanta, GA 30303 404−688−1202 Fax: 404−688−9440 Email: mvelez@schr.org
Ryan Primerano Southern Center for Human Rights 83 Poplar Street, N.W. Atlanta, GA 30303 404−688−1202 Fax: 404−688−9440 Email: rprimerano@schr.org ATTORNEY TO BE NOTICED

Case: 1:04-cv-1416 As of: 03/28/2016 10:23 PM EDT 2 of 41

Vanessa Buch Southern Center for Human Rights 83 Poplar Street, N.W. Atlanta, GA 30303−2122 404−688−1202 Fax: 404−688−9440 Email: vbuch@schr.org TERMINATED: 03/17/2011

Plaintiff
Sean Hill individually and on behalf of all present and future inmates in the Fulton County Jail

represented by Stephen Brooks Bright (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

John Frederick Sweet (See above for address) TERMINATED: 07/16/2014

Joshua R. Lipman (See above for address) TERMINATED: 12/12/2006

Melanie Velez (See above for address)

Vanessa Buch (See above for address) TERMINATED: 03/17/2011

Plaintiff Charles Holmes

represented by Stephen Brooks Bright (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

John Frederick Sweet (See above for address) TERMINATED: 07/16/2014

Joshua R. Lipman (See above for address) TERMINATED: 12/12/2006

Melanie Velez (See above for address)

Vanessa Buch (See above for address) TERMINATED: 03/17/2011

Plaintiff Marvin Maxie

represented by Stephen Brooks Bright (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

John Frederick Sweet (See above for address) TERMINATED: 07/16/2014

Joshua R. Lipman (See above for address)

Case: 1:04-cv-1416 As of: 03/28/2016 10:23 PM EDT 3 of 41
TERMINATED: 12/12/2006
Melanie Velez (See above for address) ATTORNEY TO BE NOTICED
Vanessa Buch (See above for address) TERMINATED: 03/17/2011

V.
Defendant
Fulton County Jail TERMINATED: 06/22/2004
Defendant
Deputy Tyrone Bennet individually TERMINATED: 01/06/2006

represented by Kaye Woodard Burwell Office of the Fulton County Attorney Suite 4038 141 Pryor Street, S.W. Atlanta, GA 30303 404−612−0262 Fax: 404−730−6324 Email: kaye.burwell@fultoncountyga.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Larry Wayne Ramsey , Jr. Jarrard &Davis, LLP 105 Pilgrim Village Drive Suite 200 Cumming, GA 30040 678−455−7150 Email: lramsey@jarrard−davis.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Paula Morgan Nash Metropolitan Atlanta Rapid Transit Authority Legal Services Division 2424 Piedmont Road, N.E. Atlanta, GA 30324−3330 404−848−5220 Email: pmnash@itsmarta.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Steven E. Rosenberg Office of Fulton County Attorney Fulton County Government Center 141 Pryor Street, S.W. Suite 4038 Atlanta, GA 30303 404−730−7750 Email: STEVEN.ROSENBERG@CO.FULTON.GA.US LEAD ATTORNEY ATTORNEY TO BE NOTICED
Overtis Hicks Brantley Office of Fulton County Attorney 141 Pryor Street, S.W. Suite 4038

Case: 1:04-cv-1416 As of: 03/28/2016 10:23 PM EDT 4 of 41

Atlanta, GA 30303 404−730−7750 Email: ov.brantley@co.fulton.ga.us (Inactive) TERMINATED: 12/10/2007

Rory K. Starkey The Starkey Law Firm, LLC Suite 711 44 Broad Street Atlanta, GA 30303 678−395−5951 Fax: 678−623−5767 Email: rkstarkey@ureach.com TERMINATED: 10/27/2006

Defendant Sheriff Myron E. Freeman

represented by William Randall Turner Turner &Ross, LLC 2265 Roswell Road Suite 100 Marietta, GA 30062 770−509−9770 Email: RTurner@turnerross.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Overtis Hicks Brantley (See above for address) TERMINATED: 12/10/2007

R. David Ware Ichter Kresky &Associates, LLC Suite 1530, One Tower Place 3340 Peachtree Road, NE Atlanta, GA 30326−1084 404−869−5248 Email: dware@hallboothsmith.com

Theodore Howard Lackland Lackland &Associates, LLC Suite C, Building 15 630 Village Trace, NE Marietta, GA 30067 404−522−8155 Fax: 404−522−7355 Email: tlackland@e−lacklaw.com TERMINATED: 11/17/2006

Defendant Sheriff Theodore Jackson

represented by E. Vaughn Dunnigan E. Vaughn Dunnigan, P.C. Suite 142 2897 North Druid Hills Road Atlanta, GA 30329−3924 404−982−7796 Email: evdunnigan@hotmail.com ATTORNEY TO BE NOTICED

Erin Nicole Spritzer Law Office of Arthur W. Leach 5780 Windward Parkway Suite 225 Alpharetta, GA 30005 919−812−6246

Case: 1:04-cv-1416 As of: 03/28/2016 10:23 PM EDT 5 of 41

Email: enspritzer@gmail.com ATTORNEY TO BE NOTICED

Yonette Sam−Buchanan U.S. Attorneys Office − ATL 600 Richard Russell Building 75 Ted Turner Drive SW Atlanta, GA 30303 404−581−6095 Fax: 404−581−6181 Email: Yonette.Buchanan@usdoj.gov TERMINATED: 12/11/2013

Defendant James Donald

represented by Rebecca Jean Dobras Office of the Attorney General−GA 40 Capitol Square, SW Atlanta, GA 30334−1300 404−656−0749 Email: rdobras@law.ga.gov ATTORNEY TO BE NOTICED

ThirdParty Plaintiff Sheriff Theodore Ted Jackson

represented by E. Vaughn Dunnigan (See above for address) ATTORNEY TO BE NOTICED

Yonette Sam−Buchanan (See above for address) TERMINATED: 12/11/2013

Intervenor C. Alan Powell

Intervenor Tory Dunlap

Intervenor
Lee Antonio Smith TERMINATED: 08/13/2004

Intervenor David Evans

Movant
Georgia Public Defender Standards Council

represented by Robert B. Remar Rogers &Hardin, LLP 229 Peachtree Street, N.E. 2700 International Tower, Peachtree Center Atlanta, GA 30303−1601 404−522−4700 Email: rbr@rh−law.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Movant David Timothy Moore

Movant

Case: 1:04-cv-1416 As of: 03/28/2016 10:23 PM EDT 6 of 41

Morris Ayers

Movant Joseph White

Movant Demetrie Jones

Movant Erica Haywood

Movant Jonathan Robinson

Defendant
Chairperson Karen Handel Fulton County Board of Commissioners

represented by Coy J. Johnson , Jr. Fulton County Office of the Child Attorney 395 Pryor Street, SW Suite 4068 Atlanta, GA 30312 404−612−4756 Email: coy.johnson@fultoncountyga.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Kaye Woodard Burwell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Paula Morgan Nash (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sidney Leighton Moore The Summerville Firm, LLC 1201 Peachtree Street, NE Suite 2000 Atlanta, GA 30361 678−237−0330 Email: leighton@moorefirmpc.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Steven E. Rosenberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Willie Jake Lovett , Jr. Office of the Child Attorney Suite 4098 395 Pryor Street Atlanta, GA 30312 404−612−4407 Email: willie.lovett@fultoncountyga.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Larry Wayne Ramsey , Jr. (See above for address)

Case: 1:04-cv-1416 As of: 03/28/2016 10:23 PM EDT 7 of 41

Defendant
Rob Pitts Member, Fulton County Board of Commissioners

Nikisha L. McDonald DeKalb County Law Department 1300 Commerce Dr. 5th Floor Decatur, GA 30030 404−371−3011 Fax: 404−371−3024 Email: nmcdonald@dekalbcountyga.gov
Nwakaego Ijeoma Nkumeh Office of the Fulton County Attorney 141 Pryor St. Suite 4038 Atlanta, GA 30303 404−612−0286 Fax: 404−730−6540 Email: nnkumeh@kennesaw.edu TERMINATED: 02/04/2009
Overtis Hicks Brantley (See above for address) TERMINATED: 12/10/2007
Rolesia Butler Dancy U.S. Department of Labor−ATL Office of the Solicitor 61 Forsyth Street, SW Room 7T10 Atlanta, GA 30303 404−302−5457 Fax: 404−302−5438 Email: dancy.rolesia@dol.gov TERMINATED: 02/05/2009
Rory K. Starkey (See above for address) TERMINATED: 10/27/2006
represented by Coy J. Johnson , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kaye Woodard Burwell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Paula Morgan Nash (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Sidney Leighton Moore (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Steven E. Rosenberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 1:04-cv-1416 As of: 03/28/2016 10:23 PM EDT 8 of 41

Defendant
Emma I. Darnell Member, Fulton County Board of Commissioners

Willie Jake Lovett , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Larry Wayne Ramsey , Jr. (See above for address)
Nikisha L. McDonald (See above for address)
Nwakaego Ijeoma Nkumeh (See above for address) TERMINATED: 02/04/2009
Overtis Hicks Brantley (See above for address) TERMINATED: 12/10/2007
R. David Ware (See above for address)
Rolesia Butler Dancy (See above for address) TERMINATED: 02/05/2009
Rory K. Starkey (See above for address) TERMINATED: 10/27/2006
represented by Coy J. Johnson , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kaye Woodard Burwell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Paula Morgan Nash (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Sidney Leighton Moore (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Steven E. Rosenberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Willie Jake Lovett , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Larry Wayne Ramsey , Jr. (See above for address)

Case: 1:04-cv-1416 As of: 03/28/2016 10:23 PM EDT 9 of 41

Defendant
William Edwards Member, Fulton County Board of Commissioners

Nikisha L. McDonald (See above for address)
Nwakaego Ijeoma Nkumeh (See above for address) TERMINATED: 02/04/2009
Overtis Hicks Brantley (See above for address) TERMINATED: 12/10/2007
R. David Ware (See above for address)
Rolesia Butler Dancy (See above for address) TERMINATED: 02/05/2009
Rory K. Starkey (See above for address) TERMINATED: 10/27/2006
represented by Coy J. Johnson , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kaye Woodard Burwell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Paula Morgan Nash (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Sidney Leighton Moore (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Steven E. Rosenberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Willie Jake Lovett , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Larry Wayne Ramsey , Jr. (See above for address)
Nikisha L. McDonald (See above for address)
Nwakaego Ijeoma Nkumeh (See above for address) TERMINATED: 02/04/2009

Case: 1:04-cv-1416 As of: 03/28/2016 10:23 PM EDT 10 of 41

Overtis Hicks Brantley (See above for address) TERMINATED: 12/10/2007

R. David Ware (See above for address)

Rolesia Butler Dancy (See above for address) TERMINATED: 02/05/2009

Rory K. Starkey (See above for address) TERMINATED: 10/27/2006

Defendant
Tom Lowe Member, Fulton County Board of Commissioners

represented by Coy J. Johnson , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Kaye Woodard Burwell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Paula Morgan Nash (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sidney Leighton Moore (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Steven E. Rosenberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Willie Jake Lovett , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Larry Wayne Ramsey , Jr. (See above for address) ATTORNEY TO BE NOTICED

Nikisha L. McDonald (See above for address)

Nwakaego Ijeoma Nkumeh (See above for address) TERMINATED: 02/04/2009

Overtis Hicks Brantley (See above for address) TERMINATED: 12/10/2007

R. David Ware (See above for address) ATTORNEY TO BE NOTICED

Case: 1:04-cv-1416 As of: 03/28/2016 10:23 PM EDT 11 of 41

Defendant
Nancy Boxill members; in their official capacities

Rolesia Butler Dancy (See above for address) TERMINATED: 02/05/2009
Rory K. Starkey (See above for address) TERMINATED: 10/27/2006
represented by Coy J. Johnson , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kaye Woodard Burwell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Paula Morgan Nash (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Sidney Leighton Moore (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Steven E. Rosenberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Willie Jake Lovett , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Larry Wayne Ramsey , Jr. (See above for address)
Nikisha L. McDonald (See above for address)
Nwakaego Ijeoma Nkumeh (See above for address) TERMINATED: 02/04/2009
Overtis Hicks Brantley (See above for address) TERMINATED: 12/10/2007
R. David Ware (See above for address)
Rolesia Butler Dancy (See above for address) TERMINATED: 02/05/2009
Rory K. Starkey (See above for address) TERMINATED: 10/27/2006

Case: 1:04-cv-1416 As of: 03/28/2016 10:23 PM EDT 12 of 41

Defendant Jacquelyn Barrett Fulton County Sheriff, in their official capacities
Defendant Fulton County, Georgia

represented by Theodore Howard Lackland (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Overtis Hicks Brantley (See above for address) TERMINATED: 12/10/2007
represented by Coy J. Johnson , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kaye Woodard Burwell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Paula Morgan Nash (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Sidney Leighton Moore (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Steven E. Rosenberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Willie Jake Lovett , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Larry Wayne Ramsey , Jr. (See above for address)
Nikisha L. McDonald (See above for address)
Nwakaego Ijeoma Nkumeh (See above for address) TERMINATED: 02/04/2009
Overtis Hicks Brantley (See above for address) TERMINATED: 12/10/2007
R. David Ware (See above for address)
Rolesia Butler Dancy (See above for address) TERMINATED: 02/05/2009
Rory K. Starkey

Case: 1:04-cv-1416 As of: 03/28/2016 10:23 PM EDT 13 of 41

(See above for address) TERMINATED: 10/27/2006

ThirdParty Defendant
Jim Donald Commissioner, Georgia Department of Corrections, in his official capacity

represented by Devon Orland Office of State Attorney General 40 Capitol Square, S.W. Atlanta, GA 30334−1300 404−463−8850 Fax: 404−651−5304 Email: dorland@law.ga.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

John C. Jones Law Offices of John C. Jones 248 Roswell Street Marietta, Ga 30060 770−427−8066 Email: jcjones1234@bellsouth.net LEAD ATTORNEY ATTORNEY TO BE NOTICED

Joseph J. Drolet Attorney Gerneral's Office 40 Capitol Square, SW Atlanta, GA 30334 404−657−3983 Email: jdrolet@law.ga.gov

ThirdParty Defendant Georgia Department of Corrections

represented by Devon Orland (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

John C. Jones (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Joseph J. Drolet (See above for address) ATTORNEY TO BE NOTICED

Cross Claimant Jacquelyn Barrett

represented by Theodore Howard Lackland (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Overtis Hicks Brantley (See above for address) TERMINATED: 12/10/2007

V. Cross Defendant Chairperson Karen Handel

represented by Kaye Woodard Burwell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 1:04-cv-1416 As of: 03/28/2016 10:23 PM EDT 14 of 41

Cross Defendant Rob Pitts

Paula Morgan Nash (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Steven E. Rosenberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Larry Wayne Ramsey , Jr. (See above for address)
Nikisha L. McDonald (See above for address)
Nwakaego Ijeoma Nkumeh (See above for address) TERMINATED: 02/04/2009
Overtis Hicks Brantley (See above for address) TERMINATED: 12/10/2007
Rolesia Butler Dancy (See above for address) TERMINATED: 02/05/2009
Rory K. Starkey (See above for address) TERMINATED: 10/27/2006
represented by Kaye Woodard Burwell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Paula Morgan Nash (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Steven E. Rosenberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Larry Wayne Ramsey , Jr. (See above for address)
Nikisha L. McDonald (See above for address)
Nwakaego Ijeoma Nkumeh (See above for address) TERMINATED: 02/04/2009
Overtis Hicks Brantley (See above for address)
R. David Ware (See above for address)

Case: 1:04-cv-1416 As of: 03/28/2016 10:23 PM EDT 15 of 41

Cross Defendant Emma I. Darnell
Cross Defendant William Edwards

Rolesia Butler Dancy (See above for address) TERMINATED: 02/05/2009
Rory K. Starkey (See above for address) TERMINATED: 10/27/2006
represented by Kaye Woodard Burwell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Paula Morgan Nash (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Steven E. Rosenberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Larry Wayne Ramsey , Jr. (See above for address)
Nikisha L. McDonald (See above for address)
Nwakaego Ijeoma Nkumeh (See above for address) TERMINATED: 02/04/2009
Overtis Hicks Brantley (See above for address) TERMINATED: 12/10/2007
R. David Ware (See above for address)
Rolesia Butler Dancy (See above for address) TERMINATED: 02/05/2009
Rory K. Starkey (See above for address) TERMINATED: 10/27/2006
represented by Kaye Woodard Burwell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Paula Morgan Nash (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Steven E. Rosenberg (See above for address) LEAD ATTORNEY

Case: 1:04-cv-1416 As of: 03/28/2016 10:23 PM EDT 16 of 41

ATTORNEY TO BE NOTICED

Larry Wayne Ramsey , Jr. (See above for address)

Nikisha L. McDonald (See above for address)

Nwakaego Ijeoma Nkumeh (See above for address) TERMINATED: 02/04/2009

Overtis Hicks Brantley (See above for address) TERMINATED: 12/10/2007

R. David Ware (See above for address)

Rolesia Butler Dancy (See above for address) TERMINATED: 02/05/2009

Rory K. Starkey (See above for address) TERMINATED: 10/27/2006

Cross Defendant Tom Lowe

represented by Kaye Woodard Burwell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Paula Morgan Nash (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Steven E. Rosenberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Larry Wayne Ramsey , Jr. (See above for address)

Nikisha L. McDonald (See above for address)

Nwakaego Ijeoma Nkumeh (See above for address) TERMINATED: 02/04/2009

Overtis Hicks Brantley (See above for address) TERMINATED: 12/10/2007

R. David Ware (See above for address)

Rolesia Butler Dancy (See above for address) TERMINATED: 02/05/2009

Case: 1:04-cv-1416 As of: 03/28/2016 10:23 PM EDT 17 of 41

Rory K. Starkey (See above for address) TERMINATED: 10/27/2006

Cross Defendant Nancy Boxill

represented by Kaye Woodard Burwell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Paula Morgan Nash (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Steven E. Rosenberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Larry Wayne Ramsey , Jr. (See above for address)

Nikisha L. McDonald (See above for address)

Nwakaego Ijeoma Nkumeh (See above for address) TERMINATED: 02/04/2009

Overtis Hicks Brantley (See above for address) TERMINATED: 12/10/2007

R. David Ware (See above for address)

Rolesia Butler Dancy (See above for address) TERMINATED: 02/05/2009

Rory K. Starkey (See above for address) TERMINATED: 10/27/2006

Date Filed 05/19/2004 05/19/2004 06/01/2004 06/17/2004
06/22/2004

# Docket Text
1 COMPLAINT filed. (er) (Entered: 06/01/2004)
2 Affidavit and Authorization for withdrawal from inmate account. (er) (Entered: 06/01/2004)
SUBMITTED to Mag Judge Linda T. Walker on [1−1] complaint and [2−1] affidavit for ifp and frivolity determination. (er) (Entered: 06/01/2004)
3 ORDER by Mag Judge Linda T. Walker plaintiff must, with thirty (30) days of the date of this order, either submit the full initial filing fee of $150.00, or execute and return an affidavit and authorization allowing custodian to withdraw funds from inmate account. [3−1] order to be submitted on 7/21/04 (cc w/affidavit) (er) (Entered: 06/21/2004)
Payment received $150.00 Receipt #: 523517 (er) (Entered: 06/24/2004)

Case: 1:04-cv-1416 As of: 03/28/2016 10:23 PM EDT 18 of 41

06/22/2004
06/22/2004 06/22/2004 06/24/2004 06/25/2004
06/25/2004 06/25/2004 06/28/2004 06/29/2004 06/30/2004 07/02/2004 07/02/2004 07/02/2004 07/02/2004 07/06/2004 07/06/2004

4 AMENDED COMPLAINT by plaintiffs adding Fulton County, Georgia, Karen Handel, Rob Pitts, Emma I. Darnell, William Edwards, Tom Lowe, Nancy Boxill, and Jacquelyn Barrett. *** REPORT of Dr. Robert B. Greifinger attached to the amended cmp pursuant to Order [8−1] filed 6/25/04. (er) Modified on 06/25/2004 (Entered: 06/24/2004)
5 Summons issued for defts Karen Handel, Rob Pitts, Emma I. Darnell, William Edwards, Tom Lowe, Nancy Boxill, Jacquelyn Barrett, Tyrone Bennet, and Fulton County, GA (Hon. Overtis Hicks Beantley − Fulton County Attorney) (er) (Entered: 06/25/2004)
45 APPLICATION for Admission of Joshua Lipman Pro Hac Vice.Filing Fee received $150.00, Receipt #523518. (er) Modified to change the date filed on 7/29/2004 (er). (Entered: 07/29/2004)
6 MOTION by plaintiff to attach Exhibit A to the amended complaint with prop/Order. (to: MHS) (er) (Entered: 06/25/2004)
7 ORDER by Judge Marvin H. Shoob, directing the defts to show cause why the Court should not appoint a temporary receiver to replace Sheriff Barrett as the custodian of the jail until a new, duly−elected sheriff takes office. Finally the Courts invites counsel for the parties, the Fulton County Commissioners, the Fulton County Sheriff, the Chief Judges of the Fulton County Superior Court and Fulton County State Court, the Fulton County District Attorney, and the Fulton County Solicitor to meet with the Court in an informal conference to discuss alternatives to limit the flow of new prisoners into the jail and to expedite the release of prisoners who should no longer be detained. The conference shall take place in chambers on 7/15/04, at 2:00 p.m. show cause hearing set for 7/8/04 at 10:30 a.m. (cc) (er) Modified on 06/25/2004 (Entered: 06/25/2004)
8 ORDER by Judge Marvin H. Shoob GRANTING the [6−1] pla's motion to attach Exhibit A to the amended complaint (cc) (er) (Entered: 06/25/2004)
9 MOTION by plaintiff for class certification with memorandum in support. (er) (Entered: 06/28/2004)
10 MOTION by plaintiffs to join Joel Lawler, Valerie Moore, Terry Bloodshaw, Charles Holmes, Marvin Maxie, Timothy Grier, Sean Hill, Michael Rice, Jamil Abdul−Musawwir, Ronnie Jackson and Michael Brown as named plas with memorandum in support. (er) (Entered: 06/30/2004)
11 MOTION by plaintiffs for an inspection of the Fulton County Jail by the Court with brief in support. (er) (Entered: 06/30/2004)
12 MOTION by defts Karen Handel, Rob Pitts, Emma I. Darnell, William Edwards, Tom Lowe, Nancy Boxill, Tyrone Bennet, Fulton County, GA for recusal of Judge with brief in support. (er) (Entered: 07/02/2004)
13 ORDER by Judge Marvin H. Shoob DENYING [12−1] defts' motion for recusal of Judge (cc) (er) (Entered: 07/02/2004)
Added attorney for defts Karen Handel, Rob Pitts, Emma I. Darnell, William Edwards, Tom Lowe, Nancy Boxill, Bennet, Fulton County, GA : Overtis Hicks Brantley, Paula Morgan Nash, Steven E. Rosenberg, and Rory K. Starkey. (er) (Entered: 07/02/2004)
14 APPLICATION by plaintiff for issuance of writs of habeas corpus ad testificandum of Frederick Harper, Valerie Moore, Charles Holmes, Joel Lawler, Michael Brown, and Sean Hill with prop/writs. (er) (Entered: 07/06/2004)
15 WRIT of habeas corpus ad testificandum ISSUED as to inmmates Frederick Harper, Valerie Moore, Charles Holmes, Joel Lawler, Michael Brown, and Sean Hill; signed by Mag Judge Linda T. Walker. (er) (Entered: 07/06/2004)
16 Return of service executed 6/25/04 as to Tyrone Bennet on original complaint (er) (Entered: 07/08/2004)
17 APPLICATION by plaintiff for issuance of writs of habeas corpus ad testificandum as to Joel Lawler (er) (Entered: 07/08/2004)

Case: 1:04-cv-1416 As of: 03/28/2016 10:23 PM EDT 19 of 41

07/06/2004 07/06/2004 07/06/2004 07/07/2004 07/07/2004 07/07/2004 07/07/2004
07/08/2004 07/08/2004 07/08/2004 07/08/2004 07/08/2004 07/08/2004 07/09/2004 07/09/2004
07/09/2004 07/09/2004 07/12/2004 07/12/2004

18 WRIT of habeas corpus ad testificandum ISSUED as to inmmate Joel Lawler; signed by Magistrate Judge Linda T. Walker. (er) (Entered: 07/08/2004)
19 MOTION by Proposed Intervenors to intervene as party plaintiffs with memorandum in support &prop/Order. (er) Modified on 07/08/2004 (Entered: 07/08/2004)
20 MOTION by Proposed Intervenors for an expedited ruling on their motion to intervene with brief in support &prop/Order. (er) Modified on 07/08/2004 (Entered: 07/08/2004)
21 Notice of appearance for defendant Jacquelyn Barrett by Theodore Howard Lackland (er) (Entered: 07/08/2004)
22 RESPONSE by plaintiff in opposition to [19−1] prop/intv.'s motion to intervene as party plaintiffs &with prop/Order. (er) Modified on 07/08/2004 (Entered: 07/08/2004)
23 STATUS CONFERENCE HELD in lieu of show cause hearing pursuant to Order of 6/25/04 before Judge Marvin H. Shoob. Consent order signed and filed. Show cause hrg. set for 7/9/04 cancelled. (er) (Entered: 07/08/2004)
24 CONSENT ORDER by Judge Marvin H. Shoob that the Court will expeditiously interview candidates for the position of receiver and make an appointment as soon as possible. Sheriff Barrett will remain as custodian of the jail until a receiver has been appointed. (cc) (er) (Entered: 07/08/2004)
25 LETTER from dft Jacquelyn H. Barrett addressed to Judge Marvin H. Shoob re: Apointment of Receiver. (er) (Entered: 07/09/2004)
26 LETTER from the Law Firm of Dow, Lohnes &Albertson, PLLC, Thomas M. Clyde, on behalf of The Atlanta Journal−Constitution addressed to Judge Marvin H. Shoob re: Appointment of Receiver. (er) (Entered: 07/09/2004)
27 MEMORANDUM OF LAW by defts Fulton County Board of Commissioners in response to the [7−1] show cause order. (er) (Entered: 07/09/2004)
28 ANSWER to amended complaint [4−1] by dft Jacquelyn Barrett AND (er) (Entered: 07/09/2004)
28 CROSSCLAIM by Jacquelyn Barrett against Karen Handel, Rob Pitts, Emma I. Darnell, William Edwards, Tom Lowe, and Nancy Boxill AND (er) Modified on 07/09/2004 (Entered: 07/09/2004)
28 THIRD−PARTY COMPLAINT by dft Jacquelyn Barrett against Jim Donald. (er) (Entered: 07/09/2004)
29 THIRD−PARTY SUMMONS issued as to as to 3dpty/dft Jim Donald. (er) (Entered: 07/09/2004)
30 NOTICE of Appearance by Kimberly Williams D'Haene, Julianne N. Belaga, Richard Lance Robbins, S. Leighton Moore, and Teresa Wynn Roseborough on behalf of defendants Nancy Boxill, William Edwards, Karen Handel, Tom Lowe, and Rob Pitts (er) (Entered: 07/15/2004)
31 Return of Service Executed by Jim Donald. Jim Donald served on 7/8/2004, answer to 3rd/pty complaint due 7/28/2004. (er) Additional attachment(s) added on 7/15/2004 (er). Modified on 7/15/2004 to add pdf file(er). (Entered: 07/15/2004)
32 Summons Issued as to 3rd/pty dft Georgia Department of Corrections. (er) (Entered: 07/15/2004)
33 Return of Service Executed by Georgia Department of Corrections. Georgia Department of Corrections served on 7/9/2004, answer to 3rd/pty complaint due on 7/29/2004. (er) (Entered: 07/15/2004)
34 Consent MOTION for Extension of Time until 8/11/04 within which the Fulton County defendants must answer or otherwise respond to the amended complaint and to response to plainitt's motion for class certification. (er) (Entered: 07/15/2004)

Case: 1:04-cv-1416 As of: 03/28/2016 10:23 PM EDT 20 of 41

07/12/2004 07/12/2004 07/12/2004
07/12/2004
07/13/2004
07/14/2004 07/14/2004 07/15/2004 07/15/2004
07/20/2004 07/23/2004 07/26/2004 07/28/2004 07/29/2004 07/30/2004 07/30/2004

35 NOTICE Of Filing by Dr. Greifinger re: Interim Report on Conditions at Fulton County Jail (er) (Entered: 07/15/2004)
36 ANSWER to Amended Complaint by Tyrone Bennet.(er) Modified on 7/15/2004 to change document no. (er). (Entered: 07/15/2004)
37 ORDER appointing Dr. Greifinger to serve as an expert witness, he shall perform bimonthly inspection of the Fulton County Jail and issue wirtten reports to the Court, the parties, and the receiver, also be available to consult with the receiver regarding conditions at the jail; the Fulton County shall compensate Dr. Greifinger for his time at his usual hour rate and shall reimburse him for all reashoble expenses incurred in connection with this appointment; and the appointment is retroactive to 7/7/04, and shall remain in effect until 12/31/04. Signed by Judge Marvin H. Shoob on 7/12/04. (er) Modified on 7/15/2004 to change doc. no. (er). (Entered: 07/15/2004)
38 ORDER that the objection of Fulton County and the Fulton County Commissioners to the 37 appointment of Dr. Greifinger, is OVERRULED Signed by Judge Marvin H. Shoob on 7/12/04. (er) Modified on 7/15/2004 to change doc. no. (er). (Entered: 07/15/2004)
39 ORDER granting 34 Motion for Extension of Time until 8/11/04, to anwer or otherwise respond to the amended complaint and to respond to pla's motion for Class Certification. Signed by Judge Marvin H. Shoob on 7/12/2004. (er) Modified on 7/15/2004 to change doc. no. (er). Modified on 7/15/2004 to change doc. no.(er). Modified on 7/15/2004 to change doc. no. (er). (Entered: 07/15/2004)
40 First AMENDMENT TO ANSWER to 4 Amended Complaint, 28 Crossclaim, and 28 Third Party Complaint by Jacquelyn Barrett. (er) (Entered: 07/15/2004)
41 ORDER appointing John Gibson as temporary Receiver to replace dft Sheriff Jacquelyn Barret as custodian of the Fulton County Jail. Signed by Judge Marvin H. Shoob on 7/14/04. (er) (Entered: 07/15/2004)
42 RESPONSE TO Consent 24 Order dated July 7, 2004 by Fulton County, Georgia (er) (Entered: 07/16/2004)
43 Minute Entry for proceedings held before Judge Marvin H. Shoob : Conference held on 7/15/2004 to discuss the naming of the Receiver and his swearing in, to take place on 7/23/04, and to discuss possibilities for reducing the jail population and getting the A/C at the jail fixed. (Court Reporter Elise Evans.)(er) (Entered: 07/19/2004)
44 RESPONSE by Fulton County defts re 19 Motion to Intervene. (er) (Entered: 07/26/2004)
46 ORDER approving 45 Application for Admission Joshua Lipman Pro Hac Vice; approved by ct/room depty. (er) (Entered: 07/29/2004)
47 TRANSCRIPT of Proceedings held on 7/15/04 before Judge Marvin H. Shoob. Court Reporter: Elise Smith Evans. (er) (Entered: 07/30/2004)
48 MOTION to Dismiss cross−claim of co−deft Barretby Fulton County Defts. (Attachments: # 1 Memorandum of Law in support of motion to dismiss)(er) (Entered: 08/03/2004)
49 ANSWER to Third Party Complaint by Jim Donald and Georgia Department of Corrections.(er) (Entered: 08/03/2004)
Steno Notes of proceedings held on 07/15/04 as to Tyrone Bennet before Judge Marvin H. Shoob, by Elise S. Evans (shb) (Entered: 07/30/2004)
Submission of 9 Motion for class certification, 10 Motion to join Joel Lawler, Valerie Moore, Terry Bloodshaw, Charles Holmes, Marvin Maxie, Timothy Grier, Sean Hill, Michael Rice, Jamil Abdul−Musawwir, Ronnie Jackson, and Michael Brown as named plas, 11 Motion for an inspection of the Fulton County Jail, 19 Motion to Intervene by C. Alan Powell, Tory Dunlap, Lee Antonio Smith, and David Evans as party plas, 20 Motion for an expedited ruling on motion to intervene,submitted to District Judge Marvin H. Shoob. (er) (Entered: 07/30/2004)

Case: 1:04-cv-1416 As of: 03/28/2016 10:23 PM EDT 21 of 41

08/10/2004 08/13/2004
08/17/2004 08/20/2004 08/24/2004 09/03/2004 09/03/2004
09/13/2004 09/21/2004 09/29/2004 09/30/2004 09/30/2004 10/04/2004
10/06/2004 10/12/2004

51 CONSENT MOTION for Extension of Time in which the Fulton County Defts must answer or otherwise respond to the 4 Amended Complaint and to 9 pla's Motion for Class Certification; with prop/Order.(to: MHS) (er) (Entered: 08/17/2004)
50 ORDER GRANTING 10 plaintiffs' unopossed motion to join Joel Lawler, Valerie Moore, Terry Bloodshaw, Charles Holmes, Marvin Maxie, Timothy Grier, Sean Hill, Michael Rice, Jamil Addul−Musawwir, Ronnie Jackson, and Michael Brown as named plaintiffs; GRANTING 11 plas' unopposed motion for an inspection of the Fulton County Jail by the Court; DENYING the 19 motion of C. Alan Powell, Tory Dunlap, Lee Antonio Smith, and David Evans to intervene as party plas; and DENYIN AS MOOT the 20 movant's motion for an expedited ruling on their motion to intervene. Signed by Judge Marvin H. Shoob on 08/10/04. (cc) (er) (Entered: 08/13/2004)
52 MEMORANDUM OF LAW by co−dft Barret in RESPONSE to 48 dft Fulton County's motion to dismiss cross−claim. (er) (Entered: 08/19/2004)
53 MOTION by dft Jacquelyn Barrett to Dismiss the amended complaint as to her with Brief In Support. (er) (Entered: 08/23/2004)
54 ORDER granting 51 Motion for Extension of Time thru 9/22/04, to answer or, otherwise respond to the 4 Amended Complaint and to respond to 9 pla's Motion to Class Certification. Signed by Judge Marvin H. Shoob on 08/20/04. (cc) (er) (Entered: 08/24/2004)
55 REPLY by Fulton County Defts to Sheriff Barrett's Opposition to dismissal of her 48 cross−claim. (er) (Entered: 09/10/2004)
56 RESPONSE by plaintiffs to 53 dft Barrett's MOTION to Dismiss the complaint as to her. (Attachments: #(1) Attachment A; #(2) Attachment B; #(3) Attachment C; #(4) Attachment D; #(5) Attachment E; #(6) Attachment F − First Part (Page 15 of 32); #(7) Attachment F − Second Part (from page 16); and #(8) Attachment G)(er) (Entered: 09/10/2004)
57 REPLY to Response to Motion filed by Jacquelyn Barrett re 53 MOTION to Dismiss. (Lackland, Theodore) (Entered: 09/13/2004)
58 CONSENT MOTION for enlargement of time within which the Fulton County Defts must answer or otherwise respond 4 to the amended complaint thru and including 10/20/04 and to respond to 9 pla's motion for class certification thru and including 9/29/04 with prop/Order. (to: MHS) (er) (Entered: 09/28/2004)
59 CONSENT MOTION for Extension of Time within which the Fulton County Defts respond to pla's 9 Motion for class certification. (to: MHS) (Attachments: # 1 proposed order)(er) (Entered: 10/01/2004)
Submission of 53 MOTION by dft Jacquelyn Barrett to Dismiss the amended complaint as to her, submitted to District Judge Marvin H. Shoob. (er) (Entered: 09/30/2004)
60 ORDER granting 58 the defts' consent Motion for enlargement of time until 10/20/04 to answer or otherwise respond to the amended complaint and until 9/30/04 to respond to 9 pla's motion for Class Certification. Signed by Judge Marvin H. Shoob on 09/30/04. (cc) (er) (Entered: 10/02/2004)
61 ORDER extending the time until 10/06/04 for defts Fulton County, Georgia; Fulton County Board of Commissioners, Karen Handel, Rob Pitts, Emma I. Darnell, William Edwards, Tom Lowe and Nancy Boxill respond to pla's 9 Motion Class Certification. Signed by Judge Marvin H. Shoob on 10/04/04. (cc)(er) (Entered: 10/05/2004)
62 MOTION for a consent order conditionally certifying class by Fulton County Defts. (Attachments: # 1 Proposed Consent Order)(to: MHS)(er) (Entered: 10/08/2004)
63 CONSENT ORDER granting 62 the Fulton County Defts' Motion for their consent order conditionally certifying class. Signed by Judge Marvin H. Shoob on 10/06/04. (cc) (er) Additional attachment(s) added on 10/14/2004 (er). (Entered:

Case: 1:04-cv-1416 As of: 03/28/2016 10:23 PM EDT 22 of 41

10/19/2004 10/19/2004 10/25/2004 11/04/2004 01/14/2005 01/20/2005 02/11/2005 02/15/2005 03/15/2005 03/15/2005 03/18/2005 04/15/2005 04/19/2005 04/25/2005
05/05/2005 05/06/2005 05/13/2005 06/15/2005

10/13/2004)
64 RESPONSE and OBJECTIONS to Dr. Griefinger's Report of 9/14/04 by Fulton County Defts. (er) (Entered: 10/20/2004)
65 CONSENT MOTION for Extension of Time within which the Fulton County Defts must answer or otherwise respond 4 to the amended complaint with proposed order. (to: MHS) (er) (Entered: 10/22/2004)
66 ORDER granting 65 defts' Motion for Extension of Time until 1/15/04, to respond to 4 plas' amended complaint. Signed by Judge Marvin H. Shoob on 10/25/04. (er) Modified on 10/27/2004 to add the date to respond (er). (Entered: 10/27/2004)
67 RESPONSE by plaitiffs to 64 defendant Fulton County's Response and Objections to Monitor's Report.(er) (Entered: 11/08/2004)
68 Fifth MOTION for Extension of Time to File Answer to Amended Complaint by Nancy Boxill, Fulton County, Georgia, Karen Handel, Rob Pitts, Emma I. Darnell, William Edwards, Tom Lowe. (Moore, Sidney) (Entered: 01/14/2005)
69 ORDER granting 68 Fulton County Defendants' Motion for Extension of Time to Answer the amended complaint to February 14, 2005. Signed by Judge Marvin H. Shoob on 1/18/05. (jsr) (Entered: 01/20/2005)
70 CONSENT MOTION for Extension of Time to 3/16/05 to File Answer by Nancy Boxill, Fulton County, Georgia, Karen Handel, Rob Pitts, Emma I. Darnell, William Edwards, Tom Lowe. (dr) (Entered: 02/14/2005)
71 ORDER granting 70 Fulton County Defendants' Motion for Extension of Time to Answer Plaintiff's Amended Complaint to 3/16/2005. Signed by Judge Marvin H. Shoob on 2/15/05. (jsr) (Entered: 02/15/2005)
72 CONSENT MOTION for Extension of Time thru and including April 15, 2005, within which the Fulton County Defendants must answer to the 4 Amended Complaint. (Attachments: # 1 Proposed Order)(er) (Entered: 03/16/2005)
73 NOTICE of withdrawal of Julianne N. Belaga as co−counsel by Fulton County Defendants. (er) (Entered: 03/16/2005)
74 ORDER granting 72 Consent Motion for Extension of Time to 4/15/05 for defendants to respond to the amended complaint . Signed by Judge Marvin H. Shoob on 3/17/05. (jsr) (Entered: 03/18/2005)
75 CONSENT MOTION for enlargement of time thru and including 6/15/2005 within which the Fulton County Defendants must answer or otherwise respond to 4 the Amended Complaint. (Attachments: # 1 Proposed Order)(er) (Entered: 04/18/2005)
76 ORDER granting 75 Fulton County Defendants' Motion for Extension of Time to 6/15/05 to respond to Plaintiffs' Amended Complaint . Signed by Judge Marvin H. Shoob on 4/19/05. (jsr) (Entered: 04/19/2005)
77 ORDER DIRECTING Sheriff Freeman and the County attorney to submit to the Court within 10 days a report on their investigation of Michael Fitzgerald's allegations. Failure to comply will result in issuance of an order directing Sheriff Freeman and Ms. Brantley to show cause why they should not be held in contempt. Signed by Judge Marvin H. Shoob on 4/25/05. (jsr) (Entered: 04/25/2005)
78 RESPONSE TO 77 COURT'S ORDER of 4/25/2005, (Ware, R.) Modified on 5/12/2005 to change description (er). (Entered: 05/05/2005)
79 RESPONSE TO 77 COURT'S ORDER of 4/25/2005, filed by Myron Freeman. (Ware, R.) Modified on 5/12/2005 to change description (er). (Entered: 05/06/2005)
80 ORDER, clarifiying the Court's order of 4/25/05. Signed by Judge Marvin H. Shoob on 5/13/05. (jsr) (Entered: 05/13/2005)
81 CONSENT MOTION for enlargement of time thru and including 7/15/05, within which the Fulton County Defendants must answer or otherwise respond to the 4

Case: 1:04-cv-1416 As of: 03/28/2016 10:23 PM EDT 23 of 41

06/20/2005 07/18/2005 07/22/2005 08/26/2005 11/28/2005 11/28/2005 12/20/2005 12/21/2005
12/21/2005
12/22/2005 12/22/2005 12/30/2005

Amended Complaint, by the Fulton County Defendants. (Attachments: # 1 Proposed Order)(er) (Entered: 06/16/2005)
82 ORDER granting 81 Defendants' Motion for Extension of Time to 7/15/05 to respond to Plaintiffs' Amended Complaint . Signed by Judge Marvin H. Shoob on 6/17/05. (jsr) (Entered: 06/20/2005)
83 Consent MOTION for Extension of Time to File Answer re 4 Amended Complaint, by Nancy Boxill, Fulton County, Georgia, Karen Handel, Rob Pitts, Emma I. Darnell, William Edwards, Tom Lowe. (Moore, Sidney) (Entered: 07/18/2005)
84 ORDER granting 83 consent Motion for Extension of Time until 8/15/2005, for defendants Fulton County, Georgia; Karen Handel, Rob Pitts, Emma I. Darnell, Williams Edwards, Tom Lowe, and Nancy Boxill, to respond to plaintiffs' 4 Amended Complaint. Signed by Judge Marvin H. Shoob on 7/22/2005. (er) (Entered: 07/25/2005)
Submission of 84 Order, submitted to District Judge Marvin H. Shoob. (er) (Entered: 08/26/2005)
85 First MOTION for Order to Dismiss Def Bennett by Frederick V. Harper. (Attachments: # 1)(Bright, Stephen) (Entered: 11/28/2005)
86 Second MOTION to Amend Complaint by Frederick V. Harper. (Attachments: # 1 # 2)(Bright, Stephen) (Entered: 11/28/2005)
87 PROPOSED CONSENT ORDER. (Attachments: # 1 Appendix A# 2 Appendix B Part 1# 3 Appendix B Part 2# 4 Appendix C# 5 Appendix D# 6 Appendix E)(Nash, Paula) (Entered: 12/20/2005)
88 Joint MOTION To Provide Notice to Class of Settlement Agreement and to Set Date for Fairness Hearing with Brief In Support by Nancy Boxill, Jacquelyn Barrett, Tyrone Bennet, Fulton County, Georgia, C. Alan Powell, Tory Dunlap, Lee Antonio Smith, David Evans, Jacquelyn Barrett, Karen Handel, Frederick V. Harper, Rob Pitts, Emma I. Darnell, William Edwards, Tom Lowe, Nancy Boxill, Jim Donald, Georgia Department of Corrections, Fulton County Jail, Myron Freeman, Karen Handel, Rob Pitts, Emma I. Darnell, William Edwards, Tom Lowe. (Attachments: # 1 Brief # 2 Appendix Consent Order# 3 Exhibit Appendix A to Consent Order# 4 Exhibit Appendix B Pt. to Consent Order# 5 Exhibit Appendix B Pt. 2 to Consent Order# 6 Exhibit Appendix C to Consent Order# 7 Exhibit Appendix D to Consent Order# 8 Exhibit Appendix E to Consent Order# 9 Appendix Notice of Proposed Settlement of Class Action Lawsuit)(Nash, Paula) (Entered: 12/21/2005)
89 ORDER that the Consent Order resolves the dispute between the plaintiffs, a class of inmates who are now or will be incarcerated in the future at the Fulton County Jail facilities in Atlanta, Georgia, and the defendants, Fulton County, Georgia; the Fulton County Board of Commissioners and its members, in their official capacities regarding conditions at the Fulton County Jail (SEE ORDER FOR MORE DETAILS). Signed by Judge Marvin H. Shoob on 12/21/2005. (Attachments: # 1 Appendix A# 2 Appendix B# 3 Appendix C through E) (er) (Entered: 12/21/2005)
90 SCHEDULING ORDER: Joint Motion to Schedule Fairness Hearing GRANTED. Hearing set for Friday, 2/3/2006, at 11:00 AM in Courtroom 1707 before Judge Marvin H. Shoob. Signed by Judge Marvin H. Shoob on 12/22/05. (Attachment: # 1 Notice of Proposed Settlement)(jsr) (Entered: 12/22/2005)
91 SCHEDULING ORDER: 90 Fairness Hearing set for Friday, 2/3/2006, at 11:00 AM in Courtroom 1707 before Judge Marvin H. Shoob. Signed by Judge Marvin H. Shoob on 12/22/05. Entered on docket again to attach order. (jsr) (Entered: 12/27/2005)
Submission of 85 First MOTION for Order to Dismiss Def Bennett and 86 Second MOTION to Amend Complaint by Frederick V. Harper, submitted to District Judge Marvin H. Shoob. (er) (Entered: 12/30/2005)

Case: 1:04-cv-1416 As of: 03/28/2016 10:23 PM EDT 24 of 41

01/06/2006 01/09/2006 01/09/2006 01/09/2006 01/09/2006
01/09/2006 01/13/2006 01/24/2006 01/25/2006 01/27/2006 02/01/2006
02/02/2006 02/03/2006 02/03/2006 02/03/2006 02/03/2006 02/03/2006
02/07/2006

92 Letter from Jonathan Robinson, member of the class, re 90 91 opposing settlement. (jsr) (Entered: 01/06/2006)
93 ORDER granting 85 Plaintiff's Motion for Order Dismissing Defendant Tyrone Bennett. Signed by Judge Marvin H. Shoob on 1/6/06. (jsr) (Entered: 01/09/2006)
94 ORDER granting 86 Plaintiffs' Motion for Leave to File Second Amended Complaint . Signed by Judge Marvin H. Shoob on 1/6/06. (jsr) (Entered: 01/09/2006)
95 Letter from Anthony C. Dunlap, Sr. (sic), Fulton County Jail inmate, objecting to proposed settlement 90 , 91 . (jsr) Modified on 1/9/2006 (jsr). (Entered: 01/09/2006)
96 SECOND AMENDED COMPLAINT against all defendants, filed by Frederick Harper, Marvin Maxie, Charles Holmes, and Sean Hill, (er) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 01/09/2006)
97 Letter from Jimmy Lee Jones, Fulton County Jail inmate, objecting to 91, proposed settlement. (er) (Entered: 01/10/2006)
98 Letter from Alvin Richard Rakestraw, Fulton County jail inmate, with comment concerning proposed settlement 90 , 91 . (jsr) (Entered: 01/13/2006)
99 Letter from Carl G. Sanders, Fulton County Jail inmate, objecting to 91 with comment concerning proposed settlement. (er) (Entered: 01/25/2006)
100 Letter from Joseph Broadus V, Fulton County Jail inmate, objectig to 91 proposed settlement. (er) (Entered: 01/27/2006)
101 NOTICE by Georgia Public Defender Standards Council Partial Objection to Paragraphs 36 and 38 of Proposed Consent Order (Remar, Robert) (Entered: 01/27/2006)
102 NOTICE Of Filing by Georgia Public Defender Standards Council re 101 Notice (Other) Declaration of Michael Mears in Support of Georgia Public Defender Standards Council's Partial Objectino to Paragraphs 36 and 38 of Proposed Consent Order (Remar, Robert) (Entered: 02/01/2006)
105 Letter from Joseph Broadus IV, Fulton County Jail inmate, with 91 comment concerning conditions of the jail (er) (Entered: 02/03/2006)
103 MOTION to Amend Paragraphs 36 &38: Proposal To Address Transfer Of Inmates To Remote Locations by Georgia Public Defender Standards Council. (Remar, Robert) (Entered: 02/03/2006)
104 NOTICE Of Filing Preliminary Proposal To Address Transfer of Inmates To Remote Locations by Georgia Public Defender Standards Council (Remar, Robert) (Entered: 02/03/2006)
106 Letter from Jimmy Lee Jones, Fulton County Jail inmate, with comment of concerning conditions of the jail. (er) (Entered: 02/06/2006)
107 Letter from Joseph Broadus IV, Fulton County Jail inmate, with 91 comment concerning conditions of the jail. (er) (Entered: 02/06/2006)
108 Minute Entry for proceedings held before Judge Marvin H. Shoob : Fairness Hearing held on 2/3/2006. Settlement agreement orally approved. Order to be entered. The sheriff was directed to return all pretrial detainees from South Georgia, and not to send any further detainees. He is authorized to transfer sentenced defendants there. Sheriff Freeman's motion #3 in 1:05−CV−3286−MHS to consolidate with this case was DENIED. (Court Reporter Donna Keeble.)(jsr) (Entered: 02/07/2006)
109 ORDER approving consent order of settlement. Defendants have no obligation to answer or otherwise respond to the Second Amended Complaint. Signed by Judge Marvin H. Shoob on 2/6/06. (jsr) (Entered: 02/07/2006)

Case: 1:04-cv-1416 As of: 03/28/2016 10:23 PM EDT 25 of 41

02/13/2006 02/16/2006 02/17/2006
02/17/2006 03/09/2006 03/17/2006
03/27/2006 03/27/2006 03/27/2006 05/15/2006 10/10/2006 10/11/2006 10/12/2006
10/25/2006 10/25/2006 10/25/2006 10/27/2006
10/27/2006 10/27/2006 10/30/2006 11/14/2006 11/17/2006
12/04/2006

110 Letter from Jonathan Robinson, Fulton County Jail inmate, with 91 comment concerning conditions of the jail. (er) (Entered: 02/15/2006)
112 Letter from Carl G. Sanders, Fulton County Jail inmate, with 91 comment concerning conditions of the jail. (er) (Entered: 02/17/2006)
111 ORDER DIRECTING Sheriff Freeman within 30 days to investigate and file with the Court a written response to the allegations contained in the letter to the Court from Jonathan Robinson dated February 6, 2006 110 . Signed by Judge Marvin H. Shoob on 2/17/06. (jsr) (Entered: 02/17/2006)
113 TRANSCRIPT of Proceedings held on 02/03/2006 before Judge Marvin H. Shoob. Court Reporter: Donna C. Keeble. (er) (Entered: 02/21/2006)
114 Letter from Joseph Broadus IV. (jsr) (Entered: 03/09/2006)
115 RESPONSE to 111 Court Order of 02/17/2006. (Attachments: # 1 Certification of Roland Lane, Jr. # 2 Response to Court Order (Lackland, Theodore) Modified on 3/20/2006 to add description of attachments (er). (Entered: 03/17/2006)
116 Letter from Jonathan Robinson. (jsr) (Entered: 03/27/2006)
117 Letter from Stuart Tabor. (jsr) (Entered: 03/27/2006)
118 Second Letter from Stuart Tabor. (jsr) (Entered: 03/27/2006)
119 First Quarterly Report of the Court Monitor. (jsr) (Entered: 05/15/2006)
121 MOTION for Relief From Final Judgment re 89 Order by David Timothy Moore. (hfm) (Entered: 10/11/2006)
120 Second Quarterly Report Of the Court Monitor. (jsr) (Entered: 10/11/2006)
NOTICE of Undeliverable Electronic Mail re: 120 Remark, 121 MOTION for Relief From Final Judgment. Mail returned for Joshua R. Lipman due to no longer being employed with the agency. (aar) (Entered: 10/12/2006)
122 MOTION to Substitute Attorney Lisa Kung for Josh Lipmanby Frederick V. Harper. (Kung, Lisa) (Entered: 10/25/2006)
123 STATUS REPORT filed by Fulton County, Georgia . (Nash, Paula) Modified on 10/26/2006 to edit event text. (aaq). (Entered: 10/25/2006)
124 AMENDED STATUS REPORT filed by Fulton County, Georgia. (Nash, Paula) Modified on 10/26/2006 to edit event text. (aaq). (Entered: 10/25/2006)
125 Certification of Consent to Substitution of Counsel. Rolesia Butler Dancy replacing attorney Steven E. Rosenberg and Rory K. Starkey. (Dancy, Rolesia) (Entered: 10/27/2006)
126 NOTICE of Appearance by William Randall Turner on behalf of Myron E. Freeman (Turner, William) (Entered: 10/27/2006)
127 CERTIFICATE OF SERVICE filed by Myron E. Freeman (Turner, William) (Entered: 10/27/2006)
Submission of 121 MOTION for Relief From Final Judgment, submitted to District Judge Marvin H. Shoob. (jsr) (Entered: 10/30/2006)
Submission of 122 MOTION to Substitute Attorney Lisa Kung for Josh Lipman, submitted to District Judge Marvin H. Shoob. (jsr) (Entered: 11/14/2006)
128 CERTIFICATE of Counsel Certificate of Consent to Withdraw by Theodore Howard Lackland on behalf of Myron E. Freeman (Lackland, Theodore) (Entered: 11/17/2006)
129 ORDER denying 121 David Timothy Moore's Motion for Relief from final judgment. Signed by Judge Marvin H. Shoob on 12/1/06. (jsr) (Entered: 12/04/2006)

Case: 1:04-cv-1416 As of: 03/28/2016 10:23 PM EDT 26 of 41

12/12/2006
12/12/2006 12/18/2006 12/18/2006 12/18/2006 12/18/2006 12/20/2006 12/29/2006 12/29/2006 01/24/2007 01/24/2007
01/24/2007
01/24/2007 01/24/2007 02/07/2007 02/08/2007
02/08/2007 02/15/2007 02/23/2007
02/28/2007 02/28/2007 03/02/2007

130 ORDER granting 122 Motion to Substitute Attorney. Lisa Kung, is now counsel of record for the plaintiff class. Attorney Joshua R. Lipman terminated . Signed by Judge Marvin H. Shoob on 12/11/06. (jsr) (Entered: 12/12/2006)
131 NOTICE of Appearance by Devon Orland on behalf of Jim Donald, Georgia Department of Corrections (Orland, Devon) (Entered: 12/12/2006)
132 STATUS REPORT October 2006 Compliance Report by Myron E. Freeman. (Turner, William) (Entered: 12/18/2006)
133 CERTIFICATE OF SERVICE filed by Myron E. Freeman (Turner, William) (Entered: 12/18/2006)
134 STATUS REPORT November 2006 Compliance Report by Myron E. Freeman. (Turner, William) (Entered: 12/18/2006)
135 CERTIFICATE OF SERVICE filed by Myron E. Freeman (Turner, William) (Entered: 12/18/2006)
136 Mail Returned as Undeliverable. Mail sent to David Timothy Moore re 129 Order on Motion for Relief. (hfm) (Entered: 12/21/2006)
137 Letter from Jonathan Robinson (hfm) (Entered: 01/03/2007)
138 MOTION for Leave to Petition the Court for a Contempt of Court Citation by Morris Ayers, Joseph White. (hfm) (Entered: 01/03/2007)
Submission of 138 MOTION for Contempt, submitted to District Judge Marvin H. Shoob. (jsr) (Entered: 01/24/2007)
139 First MOTION for Extension of Time File Response with Brief In Support re: 138 Motion for Contempt by Myron E. Freeman. (Turner, William) Modified on 1/25/2007 to include document relationship (hfm). (Entered: 01/24/2007)
140 CERTIFICATE OF SERVICE re 139 First MOTION for Extension of Time File Response, 138 MOTION for Contempt filed by Myron E. Freeman (Turner, William) (Entered: 01/24/2007)
141 RESPONSE in Opposition re 138 MOTION for Contempt filed by Myron E. Freeman. (Turner, William) (Entered: 01/24/2007)
142 CERTIFICATE OF SERVICE filed by Myron E. Freeman (Turner, William) (Entered: 01/24/2007)
143 Letter from Jonathan Robinson re: previous letter sent to Court. Copy of docket sheet mailed to Mr. Robinson on 2/8/07. (mas) (Entered: 02/08/2007)
144 NOTICE Of Filing STATUS REPORT by Myron E. Freeman December 2006 Compliance Report (Turner, William) Modified on 2/9/2007 (hfm). (Entered: 02/08/2007)
145 CERTIFICATE OF SERVICE re 144 Notice of Filing filed by Myron E. Freeman December 2006 Compliance Report (Turner, William) (Entered: 02/08/2007)
Submission of 139 First MOTION for Extension of Time File Response, submitted to District Judge Marvin H. Shoob. (jsr) (Entered: 02/15/2007)
146 ORDER granting Monitor, Patrick D. McManus' request for the appointment of an auditor. The parties are DIRECTED to submit their recommendations of an appropriate auditor within 10 days. Signed by Judge Marvin H. Shoob on 02/23/07. (jsr) (Entered: 02/23/2007)
147 NOTICE Of Filing by Myron E. Freeman January 2007 Compliance Report (Turner, William) (Entered: 02/28/2007)
148 CERTIFICATE OF SERVICE filed by Myron E. Freeman Notice of Filing, January 2007 Compliance Report (Turner, William) (Entered: 02/28/2007)
150 RESPONSE in Opposition re 138 MOTION for Contempt Supplemental Response and Affidavit in Opposition filed by Myron E. Freeman. (Attachments: # 1 Affidavit)(Turner, William) (Entered: 03/02/2007)

Case: 1:04-cv-1416 As of: 03/28/2016 10:23 PM EDT 27 of 41

03/02/2007 03/05/2007 03/05/2007 03/05/2007 03/06/2007 03/08/2007 03/12/2007 03/12/2007 03/12/2007
03/16/2007 03/19/2007 03/19/2007 03/19/2007 03/20/2007 03/22/2007 03/26/2007 03/30/2007 03/30/2007 03/30/2007 03/30/2007

151 ORDER denying as moot 138 Motion to Hold in Contempt; granting 139 Motion for Extension of Time. Signed by Judge Marvin H. Shoob on 3/2/07. (hfm) (Entered: 03/05/2007)
152 RESPONSE re 146 Order and Request for Judicial Conference filed by Fulton County, Georgia. (Dancy, Rolesia) (Entered: 03/05/2007)
153 MOTION for Judicial Conference re 146 Order by Fulton County, Georgia. (hfm) (Entered: 03/06/2007)
154 NOTICE Of Filing Jail Inmate Grievance Form by Jonathan Robinson. (hfm) (Entered: 03/07/2007)
Notification of Docket Correction: Multi−part pleading, Response and Motion [Doc. 152], re−docketed at 153 to reflect Motion for Hearing. (hfm) (Entered: 03/06/2007)
156 −RE−DOCKETED #155 RESPONSE AS− MOTION for Hearing re 146 Order by Myron E. Freeman. (hfm) (Entered: 03/09/2007)
157 RESPONSE re 146 Order filed by Myron E. Freeman. (hfm) (Entered: 03/12/2007)
158 RESPONSE re 146 Order filed by Frederick V. Harper, Sean Hill, Charles Holmes, Marvin Maxie. (hfm) (Entered: 03/12/2007)
159 ORDER denying 153 Motion for Judicial Conference; denying 156 Motion for Judicial Conference. The Court will conduct a hearing in open court on Friday, March 16, 2007, at 11:00 a.m. to address all matters relating to the appointment of an auditor. The Court DIRECTS the Chairman of the Fulton County Board of Commissioners, the Sheriff, and the Sheriff's Chief of Staff to be present at the hearing. Signed by Judge Marvin H. Shoob on 3/12/07. (hfm) (Entered: 03/12/2007)
160 Minute Entry for proceedings held before Judge Marvin H. Shoob : Hearing held on 3/16/2007 re appointment of auditor. (Court Reporter Nicholas Marrone.)(jsr) (Entered: 03/19/2007)
161 ORDER appointing Riley Taylor as auditor. Signed by Judge Marvin H. Shoob on 3/19/07. (jsr) (Entered: 03/19/2007)
162 Mail Returned as Undeliverable. Mail sent to Morris Ayers re 151 Order on Motion to Hold in Contempt. Mail re−sent to last known address of Polk County Jail. (Entered: 03/21/2007)
164 Mail Returned as Undeliverable. Mail sent to David Timothy Moore re 159 Order on Motion for Hearing. (Entered: 03/21/2007)
163 Mail Returned as Undeliverable. Mail sent to David Timothy Moore re 151 Order on Motion to Hold in Contempt. (Entered: 03/21/2007)
165 Mail Returned as Undeliverable. Mail sent to Joseph White re 151 Order on Motion to Hold in Contempt. Mail re−sent to last known address of Polk County Jail. (Entered: 03/26/2007)
166 Third Quarterly Report of the Court Monitor (hfm) (Entered: 03/26/2007)
167 NOTICE Of Filing by Myron E. Freeman February 2007 Compliance Report (Turner, William) (Entered: 03/30/2007)
168 CERTIFICATE OF SERVICE re 167 Notice of Filing filed by Myron E. Freeman February 2007 Compliance Report (Turner, William) (Entered: 03/30/2007)
169 RESPONSE re 166 Third Quarterly Report of the Court Monitor filed by Myron E. Freeman. (Turner, William) Modified on 4/2/2007 to correct docket text to accurately reflect e−filed pleading (hfm). (Entered: 03/30/2007)
170 NOTICE Of Filing by Myron E. Freeman re 167 Notice of Filing Supplemental Report on Staffing (Turner, William) (Entered: 03/30/2007)

Case: 1:04-cv-1416 As of: 03/28/2016 10:23 PM EDT 28 of 41

04/02/2007 04/02/2007 05/22/2007 05/24/2007
06/08/2007 06/08/2007 06/11/2007 06/12/2007
06/12/2007 06/12/2007 06/13/2007
06/13/2007 06/14/2007 06/22/2007 06/26/2007 07/02/2007 07/02/2007 07/13/2007 07/13/2007

171 Mail Returned as Undeliverable. Mail sent to Joseph White re 151 Order on Motion to Hold in Contempt, Order on Motion for Extension of Time (Entered: 04/04/2007)
172 Mail Returned as Undeliverable. Mail sent to Morris Ayers re 151 Order on Motion to Hold in Contempt, Order on Motion for Extension of Time (Entered: 04/04/2007)
173 Fourth Quarterly Report of the Court Monitor. (jsr) (Entered: 05/22/2007)
174 ORDER that counsel for the parties and Sheriff Freeman appear for a conference with the Court in chambers at 2:00 p.m. on Tuesday, 6/12/07, to discuss the latest report by the Monitor. See order for details. Signed by Judge Marvin H. Shoob on 5/24/07. (jsr) (Entered: 05/24/2007)
175 RESPONSE re 176 STATUS REPORT by Myron E. Freeman. (Turner, William) Modified on 6/11/2007 to correct docket text to accurately reflect e−filed pleading (hfm). (Entered: 06/08/2007)
176 STATUS REPORT Defendant Fulton County's Second Status Report by Fulton County, Georgia. (Johnson, Coy) (Entered: 06/08/2007)
177 RESPONSE re 174 Order, May 24, 2007, filed by Fulton County, Georgia. (Dancy, Rolesia) (Entered: 06/11/2007)
178 Minute Entry for proceedings held before Judge Marvin H. Shoob: Evidentiary Hearing held on 6/12/2007. Hearing held pursuant to order of 5/24/07. Announcement was made that John Gibson, court−appointed receiver, had resigned on 6/11/07 as of close of business. Riley Taylor, Auditor, sworn and testified. Court Exhibits 1 and 2 ADMITTED. At 2 :55 court was adjourned; in−camera conference with counsel only was continued in chambers. Exhibits retained by the Court to be forwarded to the Clerks Office. (Court Reporter Montrell Vann.)(hfm) (Entered: 06/13/2007)
179 Exhibit List, Court Exhibits. (hfm) (Entered: 06/13/2007)
EXHIBITS received from Courtroom Deputy and placed in Exhibit room. (hfm) (Entered: 06/13/2007)
180 NOTICE of Appearance by Nwakaego Ijeoma Okparaeke on behalf of Nancy Boxill, Fulton County, Georgia, Karen Handel, Rob Pitts, Emma I. Darnell, William Edwards, Tom Lowe (Okparaeke, Nwakaego) Modified on 6/14/2007 to remove duplicate filers (hfm). (Entered: 06/13/2007)
181 Letter from James Rupert (hfm) (Entered: 06/14/2007)
182 TRANSCRIPT of Proceedings held on 6/12/07 before Judge Marvin H. Shoob. Court Reporter: Montrell Vann. (hfm) (Entered: 06/15/2007)
183 NOTICE Of Filing Plaintiffs Memorandum on Compliance by Frederick V. Harper (Attachments: # 1 Exhibit Chart of staffing April 15−22)(Bright, Stephen) (Entered: 06/22/2007)
184 ORDER directing the Sheriff to file a response to plaintiffs' Memorandum on Compliance within 15 days of the date of entry of this order. Signed by Judge Marvin H. Shoob on 6/26/07. (rth) (Entered: 06/26/2007)
185 Mail Returned as Undeliverable. Mail sent to Morris Ayers re 184 Order (RTS) (ryc) (Entered: 07/06/2007)
186 Mail Returned as Undeliverable. Mail sent to Joseph White re 184 Order (RTS) (ryc) (Entered: 07/06/2007)
Submission of 184 Order, submitted to District Judge Marvin H. Shoob. (jsr) (Entered: 07/13/2007)
187 STATUS REPORT Response to Plaintiffs' Memorandum on Compliance by Myron E. Freeman. (Turner, William) (Entered: 07/13/2007)

Case: 1:04-cv-1416 As of: 03/28/2016 10:23 PM EDT 29 of 41

07/17/2007
07/23/2007 10/05/2007
10/22/2007
10/31/2007 11/01/2007 11/01/2007 11/06/2007 12/06/2007
12/10/2007 12/13/2007 12/26/2007 01/30/2008 04/30/2008 05/07/2008 05/23/2008 07/08/2008 07/10/2008 07/22/2008

188 ORDER re 187 Sheriff Freeman's response to plaintiff's Memorandum on Compliance, directing the Sheriff to promptly provide information regarding Deputy Dallas and the results of the internal review concerning the use of Tasers to the Court and plaintiff's counsel. Signed by Judge Marvin H. Shoob on 7/17/07. (jsr) (Entered: 07/17/2007)
189 Mail Returned as Undeliverable. Mail sent to Timothy Moore re 184 Order (ryc) (Entered: 07/30/2007)
190 STATUS REPORT by Nancy Boxill, Fulton County, Georgia, Karen Handel, Rob Pitts, Emma I. Darnell, William Edwards, Tom Lowe, Nancy Boxill, Karen Handel, Rob Pitts, Emma I. Darnell, William Edwards, Tom Lowe. (Okparaeke, Nwakaego) (Entered: 10/05/2007)
191 ORDER appointing Calvin A. Lightfoot to serve as monitor in accordance with the terms of Section V, Paragraphs 103−105, of the Consent Order approved by the Court on February 6, 2007. Signed by Judge Marvin H. Shoob on 10/22/07. (vs) (Entered: 10/22/2007)
192 Letter from David Moore. (sjk) (Entered: 11/02/2007)
193 Mail Returned as Undeliverable. Mail sent to Morris Ayers re 191 Order. (sjk) (Entered: 11/02/2007)
194 Mail Returned as Undeliverable. Mail sent to Joseph White re 191 Order. (sjk) (Entered: 11/02/2007)
195 Letter from Daryl Baptiste. (sjk) (Entered: 11/08/2007)
196 MOTION to Withdraw Overtis Hicks Brantley as Attorneyby Nancy Boxill, Jacquelyn Barrett, Fulton County, Georgia, Jacquelyn Barrett, Karen Handel, Rob Pitts, Emma I. Darnell, William Edwards, Tom Lowe, Nancy Boxill, Myron Freeman, Myron E. Freeman, Karen Handel, Rob Pitts, Emma I. Darnell, William Edwards, Tom Lowe. (Attachments: # 1 Exhibit #1, # 2 Exhibit #2)(Brantley, Overtis) (Entered: 12/06/2007)
197 ORDER GRANTING 196 Motion to Withdraw as Attorney. Attorney Overtis Hicks Brantley terminated. Signed by Judge Marvin H. Shoob on 12/7/2007. (sjk) (Entered: 12/10/2007)
198 Mail Returned as Undeliverable. Mail sent to Joseph White re 197 Order on Motion to Withdraw as Attorney. (sjk) (Entered: 12/14/2007)
199 Mail Returned as Undeliverable. Mail sent to Morris Ayers re 197 Order on Motion to Withdraw as Attorney. (sjk) (Entered: 12/28/2007)
200 FIFTH QUARTERLY REPORT of the Court Monitor by Calvin Lightfoot. (Attachments: # 1 Attachments)(sjk) (Entered: 01/30/2008)
201 Sixth Quarterly Report of the Court Monitor by Calvin Lightfoot. (sjk) (Entered: 05/02/2008)
202 Letter from Jonathan Robinson. (sjk) (Entered: 05/09/2008)
203 Letter from Carl Sanders. (sjk) (Entered: 05/28/2008)
204 Quarterly Report of the Court Monitor by Calvin Lightfoot. (Attachments: # 1 Quarterly Report − Part 2, # 2 Attachments − Part 1, # 3 Attachments − Part 2, # 4 Attachments − Part 3)(sjk) (Entered: 07/09/2008)
205 ORDER TO SHOW CAUSE: Show Cause Hearing set for Friday, 7/25/2008, at 11:00 AM in Courtroom 1707 before Judge Marvin H. Shoob. Signed by Judge Marvin H. Shoob on 7/10/08. (jsr) (Entered: 07/10/2008)
206 ORDER re 204 Status Report filed by Calvin Lightfoot. Show Cause Hearing re−set for 9/8/2008, at 11:00 AM in Courtroom 1707 before Judge Marvin H. Shoob. Signed by Judge Marvin H. Shoob on 7/22/2008. (sjk) (Entered: 07/23/2008)

Case: 1:04-cv-1416 As of: 03/28/2016 10:23 PM EDT 30 of 41

07/23/2008 08/04/2008 08/22/2008 08/29/2008
08/29/2008 09/04/2008
09/19/2008 09/22/2008 11/17/2008 11/19/2008 01/13/2009 01/26/2009 01/26/2009 02/04/2009 02/05/2009 03/04/2009

Clerk's Certificate of Mailing as to David Timothy Moore, Calvin Lightfoot re 206 Order. (sjk) (Entered: 07/23/2008)
207 Mail Returned as Undeliverable. Mail sent to David Timothy Moore re 206 Order. (sjk) (Entered: 08/05/2008)
208 STATUS REPORT Pursuant to Court Order by Myron E. Freeman. (Attachments: # 1 Attachment 1, # 2 Attachment 2, # 3 Attachment 3, # 4 Attachment 4, # 5 Attachment 5)(Turner, William) Modified on 8/25/2008 to correct double wording in docket text and in attachments (sjk). (Entered: 08/22/2008)
209 RESPONSE re 206 Order, 208 Status Report filed by Fulton County, Georgia, Jacquelyn Barrett, Nancy Boxill, Emma I. Darnell, William Edwards, Karen Handel, Tom Lowe, Rob Pitts. (Dancy, Rolesia) Modified on 9/2/2008 to correct text to more accurately reflect e−filed document, to create links to relevant documents, and to add filers (sjk). (Entered: 08/29/2008)
210 RESPONSE re 206 Order, Set Deadlines/Hearings, 208 Status Report, filed by Frederick V. Harper. (Bright, Stephen) Modified on 9/2/2008 to correct double wording in docket text (sjk). (Entered: 08/29/2008)
211 ORDER CONTINUING SHOW CAUSE HEARING: Show Cause Hearing now set for Friday, 11/21/2008, at 11:00 AM in Courtroom 1707 before Judge Marvin H. Shoob. The Monitor is directed to postpone the submission of his next report so that it covers the period ending 10/31/08; if full compliance has not been achieved, the Sheriff and the Fulton County Commissioners are ordered to appear at the hearing and show cause why they should not be held in contempt. Signed by Judge Marvin H. Shoob on 9/4/08. (cc to Calvin Lightfoot and Riley Taylor by e−mail)(jsr) (Entered: 09/04/2008)
212 NOTICE of Appearance by Larry Wayne Ramsey, Jr on behalf of Nancy Boxill, Fulton County, Georgia, Karen Handel, Rob Pitts, Emma I. Darnell, William Edwards, Tom Lowe, Nancy Boxill, Rob Pitts, Tyrone Bennett (Ramsey, Larry) Modified on 9/22/2008 to update filer information (ank). (Entered: 09/19/2008)
Notification of Docket Correction re 212 Notice of Appearance. Filer information corrected. (ank) (Entered: 09/22/2008)
213 ORDER continuing show cause hearing, previously scheduled for 11/21/08, until further order. Signed by Judge Marvin H. Shoob on 11/17/08. (jsr) (Entered: 11/17/2008)
214 Eighth Quarterly Report of the Court Monitor by Calvin Lightfoot. (ank) (Entered: 11/19/2008)
215 Ninth Quarterly Report of the Court Monitor by Calvin Lightfoot. (ank) (Entered: 01/13/2009)
216 ORDER concerning the County's decision to cut the Sheriff's FY09 budget, stating that if the necessary funding is not provided, the County defendants might be held in contempt. Signed by Judge Marvin H. Shoob on 1/26/09. (jsr) (Entered: 01/26/2009)
217 NOTICE of Appearance by R. David Ware on behalf of Nancy Boxill, Tyrone Bennet, Fulton County, Georgia, Rob Pitts, Emma I. Darnell, William Edwards, Tom Lowe, Nancy Boxill, Myron Freeman, Myron E. Freeman, Rob Pitts, Emma I. Darnell, William Edwards, Tom Lowe (Ware, R.) (Entered: 01/26/2009)
218 Certification of Consent to Substitution of Counsel. Nikisha L. McDonald replacing attorney Nwakaego Ijeoma Okparaeke. (McDonald, Nikisha) (Entered: 02/04/2009)
219 Certification of Consent to Substitution of Counsel. Steven E. Rosenberg replacing attorney Rolesia Butler Dancy. (Rosenberg, Steven) (Entered: 02/05/2009)
220 NOTICE of Appearance by Theodore Howard Lackland on behalf of Myron Freeman, Myron E. Freeman (Lackland, Theodore) (Entered: 03/04/2009)

Case: 1:04-cv-1416 As of: 03/28/2016 10:23 PM EDT 31 of 41

03/04/2009 03/10/2009 03/10/2009 03/10/2009 04/30/2009 06/24/2009 07/22/2009 10/06/2009 10/20/2009 10/22/2009 10/28/2009 10/29/2009
11/09/2009 11/09/2009 11/16/2009
11/16/2009 12/10/2009 01/04/2010
01/05/2010
01/07/2010

221 NOTICE by Myron E. Freeman Notice of Request for Status Conference (Lackland, Theodore) (Entered: 03/04/2009)
222 NOTICE of Appearance by Joseph J. Drolet on behalf of Jim Donald, Georgia Department of Corrections (Drolet, Joseph) (Entered: 03/10/2009)
NOTICE of status conference to be held in chambers, Room 1767, on Tuesday, March 17, 2009, at 2:00 p.m. (jsr) (Entered: 03/10/2009)
Status Conference set for 3/17/2009 at 02:00 PM to be held in chambers, Room 1767, before Judge Marvin H. Shoob. (gar) (Entered: 03/12/2009)
223 Tenth Quarter Report of the Court Monitor by Calvin Lightfoot. (gar) (Entered: 05/01/2009)
224 Letter from Demetrie Jones re prisoner treatment (gar) (Entered: 06/26/2009)
225 Eleventh Quarter Report of the Court Monitor by Calvin Lightfoot. (jsr) (Entered: 07/22/2009)
226 ORDER, directing the Sheriff to file a report within 30 days, explaining the steps being taken to eliminate inmate outsourcing. (See order for details) Signed by Judge Marvin H. Shoob on 10/6/09. (jsr) (Entered: 10/06/2009)
227 Twelfth Quarterly Report by Calvin Lightfoot. (rvb) (Entered: 10/20/2009)
228 NOTICE of Appearance by Yonette Sam−Buchanan on behalf of Theodore Jackson (Sam−Buchanan, Yonette) Modified on 10/23/2009 to delete duplicate filer (rvb). (Entered: 10/22/2009)
229 Unopposed MOTION for Extension of Time to Comply with Order re: 226 Order by Theodore Jackson, Theodore Ted Jackson. (Sam−Buchanan, Yonette) (Entered: 10/28/2009)
230 ORDER granting 229 Unopposed Motion for a 60−day Extension of Time to Comply with 226 Order. The Sheriff's report shall be filed no later than 01/04/2010. Signed by Judge Marvin H. Shoob on 10/29/2009. (rvb) (Entered: 10/29/2009)
231 Consolidated MOTION to Intervene by David Timothy Moore. (rvb) (Entered: 11/10/2009)
232 Mail Returned as Undeliverable. Mail marked return to sender. Mail sent to Calvin Lightfoot re 230 Order. (rvb) (Entered: 11/10/2009)
233 ORDER denying as moot 231 Motion to Intervene. As a current inmate at the Fulton County Jail, Mr. Moore is already a member of the plaintiff class and thus already a party to this case. Signed by Judge Marvin H. Shoob on 11/13/2009. (rvb) (Entered: 11/16/2009)
Clerks Certificate of Mailing as to David Timothy Moore re 233 Order on Motion to Intervene. (rvb) (Entered: 11/16/2009)
234 Mail Returned as Undeliverable. Mail marked "not deliverable as addressed, unable to forward". Mail sent to David Timothy Moore re 233 Order on Motion to Intervene. (rvb) (Entered: 12/11/2009)
235 STATUS REPORT to the Court's October 6, 2009 Order by Theodore Jackson, Theodore Ted Jackson. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(Sam−Buchanan, Yonette) (Entered: 01/04/2010)
236 Emergency MOTION for Extraordinary Relief, and MOTION for Order to Be Included as Class Action and/or Added Petitioner and to Add More Respondents,by Erica Haywood. (Attachments: # 1 Motion Continued Pages 5−6)(rvb) (Entered: 01/06/2010)
237 ORDER denying 236 Emergency Motion for extraordinary relief. As a current inmate at the Fulton County Jail, Ms. Haywood is a member of the plaintiff class in this case and is represented by class counsel. Members of the plaintiff class may

Case: 1:04-cv-1416 As of: 03/28/2016 10:23 PM EDT 32 of 41

01/08/2010 01/19/2010 02/05/2010 02/08/2010 02/09/2010
03/24/2010 03/25/2010 04/06/2010 04/26/2010 04/27/2010
04/29/2010
07/07/2010 10/12/2010 01/19/2011 03/17/2011 04/13/2011 05/02/2011
06/16/2011 07/08/2011

not proceed pro se in this case but must act through class counsel. Signed by Judge Marvin H. Shoob on 01/07/2010. (rvb) (Entered: 01/08/2010)
Clerks Certificate of Mailing as to Erica Haywood re 237 Order. (rvb) (Entered: 01/08/2010)
238 Thirteenth Quarterly Report by Calvin Lightfoot. (rvb) (Entered: 01/19/2010)
239 NOTICE of Change of Address for Yonette Sam−Buchanan, counsel for Theodore Jackson, Theodore Ted Jackson (Sam−Buchanan, Yonette) (Entered: 02/05/2010)
240 MOTION to Substitute Attorney by Frederick V. Harper, Sean Hill, Charles Holmes, Marvin Maxie. (Velez, Melanie) (Entered: 02/08/2010)
241 ORDER granting 240 Motion to Substitute Attorney. Melanie Velez is recognized as counsel of record for the Plaintiff class, and Lisa Kung is hereby withdrawn as counsel. Signed by Judge Marvin H. Shoob on 02/09/2010. (rvb) (Entered: 02/10/2010)
242 NOTICE of Appearance by E. Vaughn Dunnigan on behalf of Theodore Jackson (Dunnigan, E.) (Entered: 03/24/2010)
243 Letter from Jonathan Robinson re prison conditions and prisoner treatment. (rvb) (Entered: 03/26/2010)
244 Supplemental Letter from Jonathan Robinson re prison conditions and prisoner treatment. (rvb) (Additional attachment(s) added on 4/7/2010: # 1 Attachment 1) (rvb). (Entered: 04/07/2010)
245 Fourteenth Quarterly Report by Calvin Lightfoot. (rvb) (Entered: 04/26/2010)
246 MOTION to Amend 89 Consent Order to Increase the Population Cap at the 901 Rice Street Facility by Theodore Jackson. (Attachments: # 1 Text of Proposed Order)(Dunnigan, E.) Modified on 4/28/2010 to correct docket text to accurately reflect e−filed pleading (rvb). (Entered: 04/27/2010)
247 ORDER granting 246 Motion to Amend the 89 Consent Order. The 89 Consent Order is amended as follows: "18. The population of the 901 Rice Street facility shall not exceed an average of 2500 inmates daily in any calendar month so long as all housing units are being utilized. If one or more cellblocks are not being used, the population shall be reduced by the number of inmates normally housed in that part of the Jail. Other population figures in this Consent Order shall be adjusted in this manner: No inmates shall be housed at Bellwood, nd Marietta shall not exceed 100". Signed by Judge Marvin H. Shoob on 04/29/2010. (rvb) (Entered: 04/30/2010)
248 Fifteenth Quarterly Report by Calvin Lightfoot. (rvb) (Entered: 07/07/2010)
249 Sixteenth Quarterly Report, by Calvin Lightfoot. (rvb) (Entered: 10/12/2010)
250 Seventeenth Quarterly Report, by Calvin Lightfoot. (rvb) (Entered: 01/19/2011)
251 NOTICE by Frederick V. Harper Notice of Withdrawal (Velez, Melanie) (Entered: 03/17/2011)
252 Eighteenth Quarterly Report, by Calvin Lightfoot. (rvb) (Entered: 04/13/2011)
253 ORDER directing the Fulton County Defendants, within 45 days of the date of entry of this order, to file with the Court a report on their plans to address the problem of inmates sleeping on the floor at Fulton County Jail, including but not limited to their plans with regard to possible acquisition of the ACDC and Metro State Prison. Signed by Judge Marvin H. Shoob on 05/02/2011. (rvb) (Entered: 05/03/2011)
254 RESPONSE re 253 Order, filed by Fulton County, Georgia. (Attachments: # 1 Affidavit Verification)(Rosenberg, Steven) (Entered: 06/16/2011)
255 NINETEENTH QUARTERLY REPORT by Calvin Lightfoot. (hfm) (Entered: 07/08/2011)

Case: 1:04-cv-1416 As of: 03/28/2016 10:23 PM EDT 33 of 41

09/01/2011
09/01/2011 09/19/2011
09/19/2011 10/13/2011 11/01/2011 12/01/2011 01/03/2012
01/09/2012 02/01/2012 03/01/2012 03/30/2012 04/06/2012 04/09/2012
04/20/2012 05/01/2012 06/01/2012

256 AMENDED PER 257 ORDER ORDER that within sixty (60) days of the date of this order the Fulton County defendants enter into a binding contract with the City of Atlanta to purchase the City Jail. If a binding contract is not entered into within sixty (60) days, then it is further ORDERED that the members of the Fulton County Board of Commissioners appear in person on 11/8/2011 at 02:00 PM in ATLA Courtroom 1707 before Judge Marvin H. Shoob and show cause why they should not be held in contempt. Signed by Judge Marvin H. Shoob on 9/1/11. (hfm) Modified on 9/19/2011 (hfm). (Entered: 09/01/2011)
Clerks Certificate of Mailing as to Calvin Lightfoot and John Frederick Sweet re 256 Order. (hfm) (Entered: 09/01/2011)
257 ORDER AMENDING the Courts Order of September 1, 2011, by DELETING the requirement that Fulton County enter into a binding contract with the City of Atlanta to purchase the City Jail; CANCELLING the show cause hearing scheduled for November 8,2011; and ADDING further requirements. (See Order for specifics). Signed by Judge Marvin H. Shoob on 9/19/11. (hfm) (Entered: 09/19/2011)
Clerks Certificate of Mailing as to Calvin Lightfoot and John Frederick Sweet re 257 Order. (hfm) (Entered: 09/19/2011)
258 Twentieth Quarterly Report by Calvin Lightfoot. (hfm) (Entered: 10/17/2011)
259 RESPONSE re 257 Order, Report filed by Fulton County, Georgia. (Attachments: # 1 Exhibit, # 2 Affidavit, # 3 Affidavit, # 4 Exhibit, # 5 Affidavit)(Rosenberg, Steven) (Entered: 11/01/2011)
260 RESPONSE re 257 Order, filed by Fulton County, Georgia. (Attachments: # 1 Exhibit, # 2 Affidavit, # 3 Affidavit, # 4 Exhibit, # 5 Affidavit, # 6 Affidavit, # 7 Affidavit)(Rosenberg, Steven) (Entered: 12/01/2011)
261 RESPONSE re 257 Order, filed by Fulton County, Georgia. (Attachments: # 1 Affidavit Mark Adger, # 2 Affidavit Yolanda Lewis, # 3 Affidavit Erika Marshall−Story, # 4 Affidavit Zachary Williams)(Rosenberg, Steven) (Entered: 01/03/2012)
262 Twenty−First Quarterly Report by Calvin Lightfoot. (hfm) (Entered: 01/09/2012)
263 STATUS REPORT by Fulton County, Georgia. (Attachments: # 1 Affidavit Zachary Williams)(Rosenberg, Steven) (Entered: 02/01/2012)
264 STATUS REPORT by Fulton County, Georgia. (Attachments: # 1 Affidavit, # 2 Affidavit, # 3 Affidavit)(Rosenberg, Steven) (Entered: 03/01/2012)
265 RESPONSE re 257 Order, filed by Fulton County, Georgia. (Attachments: # 1 Affidavit Zachary Williams, # 2 Affidavit Erika Marshall−Story, # 3 Affidavit Yolanda Lewis)(Rosenberg, Steven) (Entered: 03/30/2012)
266 Twenty Second Quarterly Report by Calvin Lightfoot. (hfm) (Entered: 04/06/2012)
267 ORDER that the Fulton County defendants file a report with the Court within fourteen (14) days of the date of entry of this order explaining their failure to comply with the Consent Decree's ban on a hiring "freeze" (Item 12), as described in the Monitor's latest report, and describing the actions they plan to take to correct this failure. Signed by Judge Marvin H. Shoob on 4/9/12. (hfm) (Entered: 04/09/2012)
268 RESPONSE re 267 Order, filed by Fulton County, Georgia. (Attachments: # 1 Affidavit Zachary Williams)(Rosenberg, Steven) (Entered: 04/20/2012)
269 MAY 1, 2012, REPORT of Fulton County Pursuant to 257 Order, filed by Fulton County, Georgia. (Attachments: # 1 Affidavit Zachary Williams)(Rosenberg, Steven) (Entered: 05/01/2012)
270 JUNE 1, 2012, REPORT of Fulton County Pursuant to 257 Order, filed by Fulton County, Georgia. (Attachments: # 1 Affidavit Zachary Williams)(Rosenberg, Steven) (Entered: 06/01/2012)

Case: 1:04-cv-1416 As of: 03/28/2016 10:23 PM EDT 34 of 41

07/02/2012 07/09/2012 07/18/2012 07/19/2012 08/01/2012 09/04/2012
10/01/2012
10/09/2012 11/01/2012 12/03/2012 01/02/2013 01/04/2013 01/10/2013 01/16/2013 01/22/2013
01/23/2013 01/24/2013 01/24/2013

271 JULY 1, 2012, REPORT of Fulton County Pursuant to 257 Order, filed by Fulton County, Georgia. (Attachments: # 1 Affidavit Zachary Williams)(Rosenberg, Steven) (Entered: 07/02/2012)
272 Twenty Third Quarterly Report by Calvin Lightfoot. (hfm) (Entered: 07/09/2012)
273 Letter from Jonathan Robinson (mdy) Modified on 7/19/2012 to edit docket text (mdy). (Entered: 07/19/2012)
Notification of Docket Correction re 273 Letter. Entry corrected to show letter is from Jonathan Robinson. (mdy) (Entered: 07/19/2012)
274 AUGUST 1, 2012, REPORT of Fulton County Pursuant to 257 Order, filed by Fulton County, Georgia. (Attachments: # 1 Affidavit Zachary Williams)(Rosenberg, Steven) (Entered: 08/01/2012)
275 SEPTEMBER 1, 2012, REPORT of Fulton County Pursuant to 257 Order, filed by Fulton County, Georgia. (Attachments: # 1 Affidavit Zachary Williams)(Rosenberg, Steven) Modified on 9/5/2012 to edit docket text to reflect e−filed pleading (mdy). (Entered: 09/04/2012)
276 OCTOBER 1, 2012, REPORT Pursuant to 257 Order, filed by Fulton County, Georgia. (Attachments: # 1 Affidavit Zachary Williams(unsigned))(Rosenberg, Steven) Modified on 10/2/2012 to edit docket text to reflect e−filed pleading (mdy) (Entered: 10/01/2012)
277 TWENTY FOURTH STATUS REPORT filed by Calvin Lightfoot. (aaq) (Entered: 10/09/2012)
278 NOVEMBER 1, 2012, REPORT Pursuant to 257 Order, filed by Fulton County, Georgia. (Attachments: # 1 Affidavit)(Rosenberg, Steven) Modified on 11/2/2012 to edit docket text to reflect e−filed pleading (mdy) (Entered: 11/01/2012)
279 DECEMBER 1, 2012, REPORT Pursuant to 257 Order, filed by Fulton County, Georgia. (Attachments: # 1 Affidavit)(Rosenberg, Steven) Modified on 12/4/2012 to edit docket text to reflect e−filed pleading (mdy) (Entered: 12/03/2012)
280 JANUARY 2, 2013 REPORT Pursuant to 257 Order, filed by Fulton County, Georgia. (Rosenberg, Steven) Modified on 1/3/2013 to edit docket text to reflect e−filed pleading (hfm). (Entered: 01/02/2013)
281 MOTION to terminate prospective relief 109 Order with Brief In Support by Fulton County, Georgia. (Attachments: # 1 Brief)(Ware, R.) (Entered: 01/04/2013)
282 TWENTY FIFTH QUARTERLY REPORT by Court Monitor Calvin Lightfoot. (mdy) (Entered: 01/10/2013)
283 Correspondence from Michael Parson (Inmate). (Attachments: # 1 Envelope) (mdy) (Entered: 01/17/2013)
284 RESPONSE re 281 MOTION to terminate prospective relief 109 Order filed by Frederick V. Harper. (Attachments: # 1 Exhibit 2: Sheriff's report to monitor)(Velez, Melanie) Modified on 01/23/2013 to delete double wording (mdy) (Entered: 01/22/2013)
285 MOTION to File Under Seal Certain Documents in Support of 284 Response to 281 Motion, by Frederick V. Harper. (Attachments: # 1 Text of Proposed Order)(mdy) (Entered: 01/23/2013)
286 ORDER GRANTING 285 Motion to File Under Seal Certain Documents in Support of 284 Response to [281 Motion]. Signed by Judge Marvin H. Shoob on 1/24/2013. (mdy) (Entered: 01/25/2013)
287 FILED UNDER SEAL EXHIBITS in Support of 284 Response to 281 Motion, by Frederick V. Harper. (Attachments: # 1 Exhibit A − 2, # 2 Exhibit A − 3, # 3 Exhibit A − 4, # 4 Exhibit A − 5, # 5 Exhibit A − 6, # 6 Exhibit A − 7, # 7 Exhibit A − 8, # 8 Exhibit A − 9, # 9 Exhibit A − 10, # 10 Exhibit A − 11, # 11 Exhibit A − 12, # 12 Exhibit A − 13, # 13 Exhibit A − 14, # 14 Exhibit A−15, # 15 Exhibit B, # 16 Exhibit C, # 17 Exhibit C−1, # 18 Exhibit C−2, # 19 Exhibit C−3)(mdy) (Entered: 01/25/2013)

Case: 1:04-cv-1416 As of: 03/28/2016 10:23 PM EDT 35 of 41

01/29/2013 01/29/2013 02/01/2013 02/04/2013 03/01/2013 04/01/2013 04/05/2013 05/01/2013 06/03/2013 07/01/2013 07/11/2013 08/01/2013 09/03/2013 10/01/2013 10/10/2013
10/10/2013

288 ORDER DENYING the County Defendants' 281 Motion to Terminate Prospective Relief. Signed by Judge Marvin H. Shoob on 1/29/2013. (mdy) (Entered: 01/29/2013)
Clerks Certificate of Mailing as to Calvin Lightfoot and John Frederick Sweet re 288 Order. (mdy) (Entered: 01/29/2013)
289 February 1, 2013, REPORT Pursuant to 257 Order, filed by Fulton County, Georgia. (Rosenberg, Steven) Modified on 2/4/2013 to edit docket text to reflect e−filed pleading (mdy) (Entered: 02/01/2013)
Notification of Docket Correction re 289 Response (Non−Motion). Entry corrected to edit docket text to reflect e−filed pleading. (mdy) (Entered: 02/04/2013)
290 MARCH 1, 2013 REPORT re 257 Order, filed by Fulton County, Georgia. (Attachments: # 1 Appendix Meeting Minutes)(Rosenberg, Steven) Modified on 3/1/2013 to edit docket text. (jtj) (Entered: 03/01/2013)
291 APRIL 1, 2013, REPORT re 257 Order, filed by Fulton County, Georgia. (Rosenberg, Steven) Modified on 4/2/2013 to edit docket text. (jtj) (Entered: 04/01/2013)
292 TWENTY SIXTH QUARTERLY REPORT filed by Court Monitor, Calvin Lightfoot. (jtj) (Entered: 04/05/2013)
293 MAY 1, 2013, REPORT re 257 Order, filed by Fulton County, Georgia. (Rosenberg, Steven) Modified on 5/1/2013 to edit docket text. (jtj) (Entered: 05/01/2013)
294 JUNE 1, 2013 REPORT re 257 Order, filed by Fulton County, Georgia. (Rosenberg, Steven) (Entered: 06/03/2013)
295 JULY 1, 2013 REPORT re 257 Order, filed by Fulton County, Georgia. (Rosenberg, Steven) (Entered: 07/01/2013)
296 TWENTY SEVENTH QUARTERLY REPORT filed by Court Monitor, Calvin Lightfoot. (jtj) (Entered: 07/11/2013)
297 AUGUST 1, 2013 REPORT re 257 Order filed by Fulton County, Georgia. (Rosenberg, Steven) (Entered: 08/01/2013)
298 SEPTEMBER 3, 2013 REPORT re 257 Order, filed by Fulton County, Georgia. (Rosenberg, Steven) (Entered: 09/03/2013)
299 OCTOBER 1, 2013 REPORT re 257 Order filed by Fulton County, Georgia. (Rosenberg, Steven) Modified on 10/2/2013 to edit docket text. (jtj) (Entered: 10/01/2013)
300 Plaintiff Class Members' MOTION for Show Cause Order Why Defendants Should Not be Held in Contempt by Frederick V. Harper. (Attachments: # 1 Brief Memo of Law in Support of Motion, # 2 Appendix Index of Exhibits, # 3 Exhibit Sheriff's Report, # 4 Exhibit Sheriff's Report, # 5 Exhibit Sheriff's Report, # 6 Exhibit Jail Inmates on Floor Reports, # 7 Exhibit Declaration, # 8 Exhibit Declaration, # 9 Exhibit Declaration, # 10 Exhibit Declaration, # 11 Exhibit Declaration, # 12 Exhibit Declaration, # 13 Exhibit Corizon Medical Log, # 14 Exhibit Corizon Medical Disruption Reports, # 15 Exhibit Corizon Medical Disruption Report, # 16 Exhibit Declaration, # 17 Exhibit Declaration, # 18 Exhibit Declaration, # 19 Exhibit Incident Reports, # 20 Exhibit Declaration, # 21 Exhibit Declaration, # 22 Exhibit Plaintiffs' First Letter to Defendants, # 23 Exhibit Plaintiffs Second Letter to Defendants, # 24 Exhibit Plaintiffs Third Letter to Defendants, # 25 Exhibit County Letter to Plaintiffs, # 26 Exhibit Sherriffs' Letter to Plaintiffs, # 27 Exhibit Jail Population Reports)(Velez, Melanie) Modified on 10/10/2013 to edit docket text. (jtj) (Entered: 10/10/2013)
301 MOTION for Leave to File Certain Documents Under Seal in Support of 300 Motion to Order Defendants to Show Cause, by Frederick V. Harper. (jtj) SEALED INCIDENT REPORTS (Additional attachment(s) added on 10/10/2013: # 1 JA13 − 1360, # 2 JA13 − 1122, # 3 JA13 − 1284, # 4 JA13 − 221, # 5 JA13 − 229, # 6 JA13 − 1235, # 7 JA13 − 1180), # 8 JA13 − 1039, # 9 JA13 − 998, # 10

Case: 1:04-cv-1416 As of: 03/28/2016 10:23 PM EDT 36 of 41

10/10/2013 10/21/2013 10/24/2013 10/28/2013
10/28/2013 10/31/2013 10/31/2013 10/31/2013
11/01/2013 11/04/2013
11/04/2013 11/08/2013 11/11/2013 11/20/2013 11/21/2013 11/25/2013

JA13 − 1373, # 11 JA13 − 1264, # 12 JA13 − 1340, # 13 JA13 − 1231, # 14 JA13 − 1017, # 15 JA13 − 905, # 16 JA13 − 1009, # 17 JA13 − 1071) (jtj). (Entered: 10/10/2013)
302 ORDER GRANTING 301 Plaintiffs' Motion for Leave to File Incident Reports Under Seal. Signed by Judge Marvin H. Shoob on 10/10/2013. (jtj) (Entered: 10/10/2013)
303 TWENTY EIGHTH QUARTERLY REPORT by Court Monitor Calvin Lightfoot. (mdy) (Entered: 10/21/2013)
304 MOTION for Extension of Time File Response to 300 MOTION for Order to Show Cause with Brief In Support by Fulton County, Georgia. (Attachments: # 1 Text of Proposed Order)(Rosenberg, Steven) (Entered: 10/24/2013)
305 ORDER GRANTING 304 Motion for Extension of Time to respond to the Plaintiff's Motion to Order the Defendants to Show Cause. The Defendants have until Thursday, October 31, 2013, to file any response. Signed by Judge Marvin H. Shoob on 10/28/2013. (jtj) (Entered: 10/28/2013)
Clerk's Certificate of Mailing as to Calvin Lightfoot re 305 Order on Motion for Extension of Time. (jtj) (Entered: 10/28/2013)
306 RESPONSE in Opposition re 300 MOTION for Order to Show Cause filed by Theodore Jackson. (Attachments: # 1 Exhibit)(Dunnigan, E.) (Entered: 10/31/2013)
307 MOTION for Leave to File Excess Pages by Fulton County, Georgia. (Attachments: # 1 Text of Proposed Order)(Rosenberg, Steven) (Entered: 10/31/2013)
308 RESPONSE in Opposition re 300 MOTION for Order to Show Cause filed by Fulton County, Georgia. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Rosenberg, Steven) (Entered: 10/31/2013)
309 NOVEMBER 1, 2013 Report re 257 Order filed by Fulton County, Georgia. (Rosenberg, Steven) (Entered: 11/01/2013)
310 ORDER REASSIGNING CASE. Case reassigned to Judge Thomas W. Thrash, Jr for all further proceedings. Judge Marvin H. Shoob no longer assigned to case. NOTICE TO ALL COUNSEL OF RECORD: The Judge designation in the civil action number assigned to this case has been changed to 1:04−cv−1416−TWT. Please make note of this change in order to facilitate the docketing of pleadings in this case. Signed by Judge Marvin H. Shoob on 11/04/2013. (jtj) (Entered: 11/04/2013)
311 NOTICE of District Judge Reassignment re 310 Order Reassigning Case. This case is reassigned to the Honorable Thomas W. Thrash, Jr. (jtj) (Entered: 11/04/2013)
ORAL ORDER granting 307 Motion for Leave to File Excess Pages. By Judge Thomas W. Thrash, Jr on 1l/8/2013. (ss) (Entered: 11/08/2013)
312 REPLY to Response to Motion re 300 MOTION for Order to Show Cause filed by Frederick V. Harper. (Attachments: # 1 Exhibit Sheriffs' Report to the Court Monitor)(Velez, Melanie) (Entered: 11/11/2013)
Submission of 300 MOTION for Order to Show Cause, submitted to District Judge Thomas W. Thrash. (dr) (Entered: 11/20/2013)
313 Notice for Leave of Absence for the following date(s): January 8−17, 2014, by E. Vaughn Dunnigan. (Dunnigan, E.) (Entered: 11/21/2013)
314 ORDER granting 300 Motion for Order to Show Cause. A show cause hearing will be scheduled in the near future. The Chairman of the Fulton County Commission and the Sheriff of Fulton County will be required to attend the hearing in person. Signed by Judge Thomas W. Thrash, Jr on 11/25/2013. (ss) (Entered: 11/25/2013)

Case: 1:04-cv-1416 As of: 03/28/2016 10:23 PM EDT 37 of 41

11/25/2013
11/26/2013
12/02/2013 12/04/2013 12/11/2013
12/11/2013 12/12/2013 01/02/2014 01/07/2014 02/03/2014 02/03/2014 02/04/2014
03/03/2014 03/28/2014 04/10/2014 05/01/2014 06/02/2014 06/30/2014 07/11/2014

Clerks Certificate of Mailing as to Calvin Lightfoot re 314 Order on Motion for Order to Show Cause, and to John Sweet one of attorneys for the plaintiffs. No further paper orders/notices will be mailed to non−registered counsel and advised by letter that no further paper orders/notices will be mailed to non−registered counsel by the Court. (ss) (Entered: 11/25/2013)
NOTICE of Hearing: Status Conference set for 12/11/2013 at 10:00 AM in ATLA Courtroom 2108 before Judge Thomas W. Thrash Jr., counsel for the parties should appear and be prepared to discuss scheduling and issues leading up the the show cause hearing to be scheduled at a later date, Mr. Lightfoot to appear to provide current status report in person to the Court and counsel. (ss) (Entered: 11/26/2013)
315 RESPONSE re 257 Order, filed by Fulton County, Georgia. (Rosenberg, Steven) (Entered: 12/02/2013)
Clerks Notation re 313 Leave of Absence January 8−17, 2014, by E. Vaughn Dunnigan. Judge Thrash will not require an appearance by E. Dunnigan on those dates. (ss) (Entered: 12/04/2013)
316 Minute Entry for proceedings held before Judge Thomas W. Thrash, Jr: Status Conference held on 12/11/2013. The Court heard from Mr. Lightfoot as to current status at Fulton County Jail. Heard comments from counsel as to Mr. Lightfoot's report. The court scheduled the Show Cause Hearing for February 6 &7, 2014 beginning at 9:30 a.m. Sheriff, Fulton County Defendants, and Plaintiffs each have 3 hours for presentation of evidence and any cross−examination of other witnesses during the hearing. (Court Reporter Susan Baker)(ss) (Entered: 12/11/2013)
317 NOTICE by Theodore Jackson, Theodore Ted Jackson of Withdrawl of Counsel Yonette Buchanan (Sam−Buchanan, Yonette) (Entered: 12/11/2013)
318 NOTICE of Appearance by Erin Nicole Spritzer on behalf of Theodore Jackson (Spritzer, Erin) (Entered: 12/12/2013)
319 RESPONSE re 257 Order, filed by Fulton County, Georgia. (Rosenberg, Steven) (Entered: 01/02/2014)
320 Twenty Ninth Quarterly Report by Court Monitor, Calvin Lightfoot. (ss) (Entered: 01/07/2014)
321 Joint MOTION Remove Show Cause Order from Hearing Calendar and Hold Show Cause Order Open 314 Order on Motion for Order to Show Cause, by Frederick V. Harper. (Velez, Melanie) (Entered: 02/03/2014)
322 RESPONSE re 257 Order, filed by Fulton County, Georgia. (Attachments: # 1 Exhibit A)(Rosenberg, Steven) (Entered: 02/03/2014)
323 ORDER granting 321 Motion to Remove Show Cause Order from Hearing Calendar and Hold Show Cause Order Open. The parties will be notified of a status conference after July 31, 2014, to discuss dates for a hearing.. Signed by Judge Thomas W. Thrash, Jr on 2/4/2014. (ss) (Entered: 02/04/2014)
324 RESPONSE re 257 Order, filed by Fulton County, Georgia. (Rosenberg, Steven) (Entered: 03/03/2014)
325 RESPONSE re 257 Order, filed by Fulton County, Georgia. (Rosenberg, Steven) (Entered: 03/28/2014)
326 Thirtieth Quarterly Report of the Court Monitor. (ss) (Entered: 04/10/2014)
327 RESPONSE re 257 Order, filed by Fulton County, Georgia. (Rosenberg, Steven) (Entered: 05/01/2014)
328 RESPONSE re 257 Order, filed by Fulton County, Georgia. (Rosenberg, Steven) (Entered: 06/02/2014)
329 RESPONSE re 257 Order, filed by Fulton County, Georgia. (Rosenberg, Steven) (Entered: 06/30/2014)
330 THIRTY FIRST QUARTERLY REPORT by Calvin Lightfoot, Court Monitor. (ss) (Entered: 07/11/2014)

Case: 1:04-cv-1416 As of: 03/28/2016 10:23 PM EDT 38 of 41

07/15/2014 07/16/2014 08/01/2014 08/05/2014
08/13/2014 08/15/2014
09/02/2014 09/30/2014
10/01/2014 10/03/2014 10/14/2014 11/03/2014 12/01/2014 12/02/2014
12/16/2014 12/17/2014
12/17/2014 01/02/2015 01/09/2015 01/09/2015

331 MOTION to Withdraw Melanie Velez as Attorneyby Frederick V. Harper. (Attachments: # 1 Text of Proposed Order)(Velez, Melanie) (Entered: 07/15/2014)
332 ORDER granting 331 Motion to Withdraw Attorney John Frederick Sweet. Signed by Judge Thomas W. Thrash, Jr on 7/16/14. (dr) (Entered: 07/16/2014)
333 RESPONSE re 257 Order, filed by Fulton County, Georgia. (Rosenberg, Steven) (Entered: 08/01/2014)
NOTICE of Hearing: Status Conference set for Friday 8/15/2014 at 10:30 AM in ATLA Courtroom 2108 before Judge Thomas W. Thrash Jr., appearance by individual parties optional. (ss) (Entered: 08/05/2014)
334 Joint MOTION to Dismiss Plaintiffs' Contempt Motion by Frederick V. Harper. (Velez, Melanie) (Entered: 08/13/2014)
335 Minute Entry for proceedings held before Judge Thomas W. Thrash, Jr: Status Conference held on 8/15/2014. Granting 334 Joint Motion to Dismiss Plaintiffs' Contempt Motion. Date for next status conference to be determined after defendants' submit plan for coming into compliance with the staffing terms of the Consent Order of December 2014. (Court Reporter Susan Baker)(ss) (Entered: 08/15/2014)
336 RESPONSE re 257 Order, filed by Fulton County, Georgia. (Rosenberg, Steven) (Entered: 09/02/2014)
337 NOTICE of Plan on Staffing Under the Consent Decree re 335 Order by Fulton County, Georgia, Theodore Jackson . (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Dunnigan, E.) Modified text on 10/1/2014 (dr). (Entered: 09/30/2014)
338 RESPONSE re 257 Order, filed by Fulton County, Georgia. (Rosenberg, Steven) (Entered: 10/01/2014)
NOTICE of Hearing: Status Conference set for 12/18/2014 at 10:30 AM in ATLA Courtroom 2108 before Judge Thomas W. Thrash Jr. (ss) (Entered: 10/03/2014)
339 Thirty Second Quarterly Report by Calvin Lightfoot. (ss) (Entered: 10/14/2014)
340 RESPONSE re 257 Order, filed by Fulton County, Georgia. (Rosenberg, Steven) (Entered: 11/03/2014)
341 RESPONSE re 257 Order, filed by Fulton County, Georgia. (Rosenberg, Steven) (Entered: 12/01/2014)
NOTICE of Hearing: Status Conference set for 12/17/2014 at 10:30 AM in ATLA Courtroom 2108 before Judge Thomas W. Thrash Jr. THIS IS A CHANGE from the original date of 12/18/2014, done at request of counsel for plaintiff and agreement of defense counsel. (ss) (Entered: 12/02/2014)
342 NOTICE of Appearance by Rebecca Jean Dobras on behalf of James Donald (Dobras, Rebecca) (Entered: 12/16/2014)
343 Minute Entry for proceedings held before Judge Thomas W. Thrash, Jr: Status Conference held on 12/17/2014. Next status conference to be scheduled for last of February, first of March. (Court Reporter Susan Baker)(ss) (Entered: 12/17/2014)
NOTICE of Hearing: Status Conference set for 3/4/2015 at 10:00 AM in ATLA Courtroom 2108 before Judge Thomas W. Thrash Jr.. (ss) (Entered: 12/17/2014)
344 RESPONSE re 257 Order, filed by Fulton County, Georgia. (Rosenberg, Steven) (Entered: 01/02/2015)
345 Thirty−Third Quarterly Report by Calvin Lightfoot. (ss) Modified on 1/12/2015 (ss). See document 347 for corrected report. (Entered: 01/09/2015)
346 Minute Entry for proceedings held before Judge Thomas W. Thrash, Jr: Oral Argument held on 1/9/2015 on objections to ROrder to issue at a later date. (Court Reporter Judith Wolff)(ss) Modified on 1/9/2015 (ss). Filed in this case in error. (Entered: 01/09/2015)

Case: 1:04-cv-1416 As of: 03/28/2016 10:23 PM EDT 39 of 41

01/12/2015 02/02/2015 02/06/2015 02/09/2015 02/09/2015 02/13/2015 02/17/2015 02/17/2015 02/25/2015
02/25/2015
02/26/2015
03/02/2015 03/05/2015 03/18/2015 03/18/2015

347 CORRECTED Thirty−third Quarterly Report by Calvin Lightfoot. (ss) (Entered: 01/12/2015)
348 RESPONSE re 257 Order, filed by Fulton County, Georgia. (Rosenberg, Steven) (Entered: 02/02/2015)
349 MOTION terminate prospective relief with Brief In Support by Fulton County, Georgia. (Attachments: # 1 Brief)(Rosenberg, Steven) (Entered: 02/06/2015)
NOTICE of Hearing: DATE CHANGE OF STATUS CONFERENCE from 3/4/2015. Status Conference set for 3/6/2015 at 10:00 AM in ATLA Courtroom 2108 before Judge Thomas W. Thrash Jr.. (ss) (Entered: 02/09/2015)
NOTICE of Hearing on Motion re: 349 MOTION terminate prospective relief Motion Hearing set for 3/6/2015 at 10:00 AM in ATLA Courtroom 2108 before Judge Thomas W. Thrash Jr.. (ss) (Entered: 02/09/2015)
350 Consent MOTION for Extension of Time File Response to Motion to Terminate re: 349 MOTION terminate prospective relief by Frederick V. Harper. (Velez, Melanie) (Entered: 02/13/2015)
351 MOTION for Extension of Time to File Response re: 349 MOTION terminate prospective relief by Theodore Jackson, Theodore Ted Jackson. (Attachments: # 1 Text of Proposed Order)(Dunnigan, E.) (Entered: 02/17/2015)
Submission of 350 Consent MOTION for Extension of Time File Response to Motion to Terminate re: 349 MOTION terminate prospective relief, submitted to District Judge Thomas W. Thrash. (cem) (Entered: 02/17/2015)
352 ORDER granting 351 Motion for Extension of Time through 3/18/2015 for Sheriff to file response re 349 MOTION terminate prospective relief and EXTENDING automatic stay until the Court rules on the County Defendants' Motion to Terminate. Signed by Judge Thomas W. Thrash, Jr on 2/25/2015. (ss) (Entered: 02/25/2015)
NOTICE OF CANCELLATION of Hearing re: Status Conference and Hearing on Motion re: 349 MOTION terminate prospective relief set for 3/6/2015 at 10:00 AM in ATLA Courtroom 2108 before Judge Thomas W. Thrash Jr. A new date will be determined. (ss) (Entered: 02/25/2015)
353 ORDER granting 350 Motion for Extension of Time through 3/18/2015 for plaintiffs to file response re 349 MOTION terminate prospective relief and stay provisions of 18 USC 3626 shall be extended until the Court rules on the County defendants' motion 349 . Signed by Judge Thomas W. Thrash, Jr on 2/26/2015. (ss) (Entered: 02/26/2015)
354 RESPONSE re 257 Order, filed by Fulton County, Georgia. (Rosenberg, Steven) (Entered: 03/02/2015)
NOTICE of Hearing: re: 349 MOTION to Terminate Prospective Relief and Status Conference. Hearing set for 4/23/2015 at 10:30 AM in ATLA Courtroom 2108 before Judge Thomas W. Thrash Jr.. (ss) (Entered: 03/05/2015)
355 RESPONSE in Opposition re 349 MOTION terminate prospective relief filed by Theodore Jackson. (Dunnigan, E.) (Entered: 03/18/2015)
356 RESPONSE in Opposition re 349 MOTION terminate prospective relief filed by Frederick V. Harper. (Attachments: # 1 Appendix Index of Exhibits, # 2 Exhibit County Staffing RFP, # 3 Exhibit Jail Work Roster, # 4 Exhibit Sheriff's Fourth Quarter Report 2014, # 5 Exhibit Sheriff's Monthly Report Jan, # 6 Exhibit NCCHC Report, # 7 Exhibit Medical Provider Disruption Forms, # 8 Exhibit Plaintiffs' Summary of the Medical Provider Disruption Logs, # 9 Exhibit Medical Disruption Logs Oct, # 10 Exhibit Medical Disruption Logs Nov, # 11 Exhibit Medical Disruption Logs Dec, # 12 Exhibit Medical Disruption Logs Jan, # 13 Exhibit Medical Disruption Logs Feb, # 14 Exhibit Martin Declaration, # 15 Exhibit Tucker Declaration, # 16 Exhibit Lewis Declaration, # 17 Exhibit Alkarim Declaration, # 18 Exhibit Allen Declaration, # 19 Exhibit Jail Incident Reports under seal, # 20 Exhibit Jail Security Round Memos, # 21 Exhibit Jail Sleeping on the Floor Reports)(Velez, Melanie) (Entered: 03/18/2015)

Case: 1:04-cv-1416 As of: 03/28/2016 10:23 PM EDT 40 of 41

03/18/2015
03/20/2015 03/20/2015 04/01/2015 04/02/2015 04/03/2015 04/09/2015 04/14/2015 04/14/2015 04/15/2015 04/21/2015 04/21/2015
04/23/2015
04/24/2015

357 (FILED UNDER SEAL) MOTION for Leave to File under Seal Certain Documents in Support of Class Members' Response in Opposition to Defendants' 349 Motion to Terminate Prospective Relief by Frederick V. Harper, Sean Hill, Charles Holmes, Marvin Maxie. (Attachments: # 1 Text of Proposed Order, # 2 Incident Report # JA14−1184, # 3 Incident Report # JA14−1193, # 4 Incident Report # JA14−1198, # 5 Incident Report # JA14−1261, # 6 Incident Report # JA14−1287, # 7 Incident Report # JA14−1300, # 8 Incident Report # JA14−1336, # 9 Incident Report # JA14−1345, # 10 Incident Report # JA14−1550, # 11 Incident Report # JA14−1552, # 12 Incident Report # JA14−1589, # 13 Incident Report # JA14−1619, # 14 Incident Report # JA14−1623, # 15 Incident Report # JA14−1629, # 16 Incident Report # JA14−1633, Part 1 of 2, # 17 Incident Report # JA14−1633, Part 2 of 2, # 18 Incident Report # JA14−1664, # 19 Incident Report # JA14−1679, # 20 Incident Report # JA14−1683) (dfb) (Entered: 03/19/2015)
358 (FILED UNDER SEAL) ORDER granting Plaintiffs' 357 Motion for Leave to File under Seal Certain Documents in Support of Class Members' Response in Opposition to Defendants' 349 Motion to Terminate Prospective Relief. Signed by Judge Thomas W. Thrash, Jr on 3/20/2015. (dfb) (Entered: 03/20/2015)
Clerks Certificate of Mailing: 358 Order mailed to counsel of record. (dfb) (Entered: 03/20/2015)
359 RESPONSE re 257 Order, filed by Fulton County, Georgia. (Rosenberg, Steven) (Entered: 04/01/2015)
360 Consent MOTION for Extension of Time File Reply re: 356 Response in Opposition to Motion,,,, 355 Response in Opposition to Motion by Fulton County, Georgia. (Attachments: # 1 Text of Proposed Order)(Rosenberg, Steven) (Entered: 04/02/2015)
361 ORDER granting 360 Motion for Extension of Time through 4/14/2015 to file in reply in support of 349 MOTION terminate prospective relief . Signed by Judge Thomas W. Thrash, Jr on 4/3/2015. (ss) (Entered: 04/03/2015)
362 NOTICE of Appearance by Ryan Primerano on behalf of Frederick V. Harper (Primerano, Ryan) (Entered: 04/09/2015)
363 Thirty−Fourth QUARTERLY REPORT by Calvin Lightfoot. (ss) (Entered: 04/14/2015)
364 REPLY to Response to 349 MOTION to terminate prospective relief, filed by Fulton County, Georgia. (Rosenberg, Steven) Modified related document/text on 4/15/2015 (dr). (Entered: 04/14/2015)
Submission of 349 MOTION terminate prospective relief , submitted to District Judge Thomas W. Thrash. (dr) (Entered: 04/15/2015)
NOTICE of Hearing on Motion re: 349 MOTION terminate prospective relief . The Court CHANGES THE TIME OF THIS HEARING UNTIL 11:00 A.M.. Motion Hearing set for 4/23/2015 at 11:00 AM in ATLA Courtroom 2108 before Judge Thomas W. Thrash Jr.. (ss) (Entered: 04/21/2015)
365 NOTICE Of Filing by Frederick V. Harper re 356 Response in Opposition to Motion,,,, (Attachments: # 1 Exhibit Herron Decl., # 2 Exhibit Baxter Decl., # 3 Exhibit Fleming Decl., # 4 Exhibit Gates Decl., # 5 Exhibit Milling Decl., # 6 Exhibit Scott Decl., # 7 Exhibit Wilder Decl., # 8 Exhibit Williams Decl., # 9 Exhibit Winfrey Decl.)(Primerano, Ryan) (Entered: 04/21/2015)
366 Minute Entry for proceedings held before Judge Thomas W. Thrash, Jr: Motion Hearing held on 4/23/2015 re 349 MOTION terminate prospective relief filed by Fulton County, Georgia. The Court GRANTED the motion as to all defendants. Mr. Rosenberg to prepare order. EXHIBITS ADMITTED, some UNDER SEAL (see exhibit list when filed). (Court Reporter Susan Baker)(ss) (Entered: 04/23/2015)
367 EXHIBITS from hearing held 4/23/15 received from Courtroom Deputy and placed in Exhibit room. (Attachments: # 1 Exhibit 10A Filed Under Seal, # 2 Exhibit 10A part 2 Filed Under Seal, # 3 Exhibit 10A part 3 Filed Under Seal, # 4 Exhibit 10B

Case: 1:04-cv-1416 As of: 03/28/2016 10:23 PM EDT 41 of 41

05/12/2015
05/12/2015 02/09/2016
02/09/2016
02/10/2016 03/17/2016

Filed Under Seal, # 5 Exhibit 10B part 2 Filed Under Seal, # 6 Exhibit 11A, # 7 Exhibit 11B, # 8 Exhibit 11C, # 9 Exhibit 12, # 10 Exhibit 13, # 11 Exhibit 14, # 12 Defendant's Exhibit)(dr) (Entered: 04/24/2015)
368 ORDER GRANTING 349 MOTION terminate prospective relief filed by Fulton County, Georgia, AS TO ALL PARTIES. Signed by Judge Thomas W. Thrash, Jr on 5/7/2015. (ss) (Entered: 05/12/2015)
Civil Case Terminated. (dr) (Entered: 05/12/2015)
369 NOTICE TO COUNSEL OF RECORD regarding RECLAMATION AND DISPOSITION OF UNCLAIMED EXHIBITS (Motion Hearing − April 23, 2015) pursuant to Local Rule 79.1D(2). (mec) (Entered: 02/09/2016)
370 NOTICE TO COURT regarding RECLAMATION AND DISPOSITION OF UNCLAIMED EXHIBITS pursuant to Local Rule 79.1D(2) filed by Frederick V. Harper. Exhibits to be Destroyed.. (Primerano, Ryan) (Entered: 02/09/2016)
PLAINTIFF'S EXHIBITS DESTROYED as directed in 370 Exhibit Disposition Notification, 369 Exhibit Return Notification (mec) (Entered: 02/10/2016)
DEFENDANT'S EXHIBIT DESTROYED as directed in 369 Exhibit Return Notification (mec) (Entered: 03/17/2016)