Case 5:01-cv-00851-UWC Document 1 Filed 04/05/2001 Page 1 of 17

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA C' /"~: - J i.. : ~': 5 I,
NORTHERN DMSION

JOHNNY MAYNOR, Anthony Murphree, )

Christopher Nichols, Yvette Barbee,

)

Joseph Bowie, James Brown, Kelvin

)

Cowan, McArthur Green, Kristy Leigh )

Griffin, Carrie Jackson, Cleveland

)

Owens, Willie Perry, Alnas Russell,

)

Maurice Sears, Billy Ray Smith,

)

Michael Vaughn, individually

)

and on behalf ofall present and

)

future inmates in the Morgan County

)

Jail in Decatur, Alabama,

)

)

Plaintiffs,

)

)

v.

)

)

MORGAN COUNTY, ALABAMA;

)

STEVE CRABBE, SheriffofMorgan

)

County, and MYRA YATES, Jail

)

Administrator, in their official capacities; )

Larry Bennich, Jeff Clark, Don Stisher, )

Stacy George, and Faye Sparkman,

)

members of the MORGAN COUNTY

)

COMMISSION, in their official capacities; )

DON SmGELMAN, Governor of

)

Alabama, and MIKE HALEY,

)

Commissioner ofthe Alabama

)

Department ofCorrections, in their

)

official capacities,

)

)

Defendants.

)

)

CIVIL ACTION eV-Ol-C-0851-NE
CLASS ACTION

COMPLAINT

L INTRODUCTION

1. Plaintiffs bring this class action lawsuit on behalfof all inmates, convicted persons and pretrial detainees, who are now or in the future will be confined in the Morgan County Jail in

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Case 5:01-cv-00851-UWC Document 1 Filed 04/05/2001 Page 2 of 17
Decatur, Alabama (hereinafter "the Jail"). Plaintiffs challenge the inhumane treatment and conditions of confinement that they suffer at the lail, including: gross overcrowding; deficient sanitation, ventilation, lighting, plumbing, fire safety, and other physical conditions; inadequate classification, staffing, and supervision; denial of exercise; inadequate food service; denial of medical care, including dental and mental health care; denial of access to courts; and other serious deficiencies as set forth in this Complaint.
2. The named plaintiffs, individually and on behalf of the plaintiff class, seek declaratory and !njunctive relief against defendants on the grounds that the conditions, practices, policies, and treatment of persons confined in the 1ail deprive plaintiffs of the rights guaranteed to them by the First, Sixth, Eighth, and Fourteenth Amendments to the United States Constitution.
ll. JURISDICTION 3. This suit is brought under the First, Sixth, Eighth, and Fourteenth Amendments to the United States Constitution, as enforced through 42 U.S.C. § 1983. Jurisdiction over plaintiffs' claims is conferred on this Court by 28 U.S.C. §§ 1331 and 1343(a)(3). 4. This Court is authorized to grant declaratory and injunctive relief under 28 U.S.C. §§ 2201 and 2202.
ID. VENUE 5. The Northern District of Alabama is an appropriate venue for this action under 28 U.S.C. § 1391(b)(1} because defendants in their official capacity reside in this district. See also 28 U.S.C. § 1392(a). The Northern District ofAlabama is also an appropriate venue under 28 U.S.C. § 1391(b)(2) because a "substantial part of the events or omissions giving rise to the claim[s] occurred" in this district.
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IV. PARTIES

6.

Plaintiff Yvette Barbee, a United States citizen, has been confined in the Jail since

February 2001. She is a pretrial detainee. She is housed in Ce1l2A.

7. Plaintiff Joesph Marcus Bowie, a United States citizen, has been confined in the

Jail since January 2001. He is a pretrial detainee. He is housed in CeIl2B.

8. Plaintiff James Frederick Brown, a United States citizen, has been confined in the

Jail since December 1, 2000. He is pretrial detainee. He is housed in Ce113A.

9. PlaintiffKelvin Cowan, a United States citizen, has been confined in the Jail since

November 13, 2000. He has been convicted and is awaiting transfer to a state facility. He is held

in Ce1l2B.

10. PlaintiffMcArthur Green, a United States citizen, has been sentenced to serve nine

(9) months confinement in the Jail for probation violation. He is held in CeIl3B.

11. PlaintiffKristy Leigh Griffin, a United States citizen, has been confined in the Jail

since January 8,2001. She is held in Ce1l2A.

12. Plaintiff Carrie Jackson, a United States citizen, has been confined in the Jail since

February 2001. She is a pretrial detainee. She is held in Ce1l2A.

13. Plaintiff Johnny Maynor, a United States citizen, has been confined in the Jail since

November 2000. He is a pretrial detainee. He is held in Cell 3D.

14. Plaintiff Anthony Murphree, a United States citizen, has been confined in the Jail

since December 12, 2000. He has been sentenced and is awaiting transfer to a state facility. He

is held in Cell 3D.

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15. Plaintiff Christopher Nichols, a United States citizen, has been confined in the Jail since December 2000. He has been sentenced and is awaiting transfer to a state facility. He is held in Cell 3D.
16. Plaintiff Cleveland Owens, a United States citizen, has been confined in the lail since lanuary 8,2001 for failure to appear at his court date. He is held in Ce1l3C.
17. PlaintiffWillie Perry, a United States citizen, has been confined in the lail since September 2000. He has been sentenced and is awaiting transfer to a state facility.
18. Plaintiff Alnas Russell, a United States citizen, has been confined in the lail since lanuary 24,2001, when he was 16 years old. He is a pretrial detainee. He is held in Ce1l3B.
19. Maurice Sears, a United States citizen, has been confined in the lail since May 2000. He has been sentenced and is awaiting transfer to a state facility. He is held in Ce1l3A.
20. Billy Ray Smith, a United States citizen, has been confined in the lail for approximately one year. He is a pretrial detainee. He is held in Ce1l2C.
21. Defendant Captain Myra Yates is sued in her official capacity as Captain and lail
Administrator of the Morgan County 1ail. Captain Yates has responsibility for the daily function-
ing of the lail, and is a final policymaker for Morgan County with respect to the lail's operation. 22. Defendant Steven Crabbe is sued in his official capacity as SheriffofMorgan
County. As Sheriff, Crabbe oversees the general operation of the Jail. He is responsible under state law for the Jail's general supervision and control. See Ala. Code §§ 11-14-21, 14-6-1, 14-68, 14-6-17, 14-6-19, 14-6-21, 14-6-40, 14-6-94, 14-6-95, 14-6-96, 14-6-97 (1975). Under state law, Sheriff Crabbe is a final policymaker for the State of Alabama with respect to the operation ofthe Morgan County Jail.
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23. Defendant Morgan County, Alabama ("County") is a political subdivision of the State ofAlabama. Defendant Morgan County Commission is responsible under state law for properly maintaining the jail and funding the operation, administration, and maintenance ofthe Jail. See Ala. Code §§ 11-12-14, 11-12-15(a)(I), 11-14-9, 11-14-10, 11-16-28 (1975). Defendants Larry Bennich, JeffClark, Don Stisher, Stacy George, and Faye Sparkman are sued in their official capacity as members ofthe Morgan County Commission.
24. Defendant Don Siegelman ("Siegelman") is sued in his official capacity as the Governor of Alabama. As Governor, Siegelman has authority to exercise "all functions and duties ofthe department [of corrections] . .. acting by himself or by and through such administrative divisions or such officers or employees or individuals as he may designate." AJa. Code §§ 14-117, 14-1-1.1. The Governor also exercises authority over the State budget.
25. Defendant Mike Haley ("Haley") is sued in his official capacity as the Commis-
sioner of the Alabama Department of Corrections. As Commissioner, Haley is responsible under state law for "inspect[ing] as often as may be deemed necessary" the Morgan County Jail, and for "aid[ing] in securing the just, humane and economic management" ofthe Jail. Ala. Code § 14-1-8
(a)(3). State law also mandates that the Commissioner "require the erection of sanitary accommodations ofthe inmates in [the county jail]," and "investigate the management [ofthe county jail] and the conduct and efficiency ofthe officers or persons charged with [the jail's] management." Ala. Code §§ 14-1-8 (a)(4), (5). Finally, state law requires the Commissioner to "promulgate such rules and regulations necessary to hygeine, sanitation, cleanline~s, healthfulness,
feeding of prisoners, management, and security of all prisons and jails." Ala. Code § 14-1-8
(a)(6).
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V. CLASS ACTION ALLEGATIONS 26. Plaintiffs bring this action on behalf ofthemselves and on behalf of all others who are similarly situated pursuant to Rules 23(a) and (b)(2) ofthe Federal Rules of Civil Procedure. The class consists of all persons who are now or will be in the future confined in the Morgan County Jail, including both convicted persons and pretrial detainees. 27. The class is so numerous that joinder of all members is impracticable. According to the Alabama Department of Corrections, the Jail's rated capacity is ninety (96) inmates, with an addition~ 40 confined in the Jail's "Annex". Its population changes daily as inmates are detained, committed, transferred, or released. During the course of each year, therefore, hundreds of inmates are housed at the Jail. 28. There are questions of law and fact common to the class. These include the nature and constitutionality of conditions, practices, policies, and treatment of persons confined in the Jail. 29. The conditions, policies, practices, and treatment challenged in this action apply with equal force to the named plaintiffs and all members of the class so that the claims of the named plaintiffs are typical of those ofthe class. 30. The named plaintiffs will fairly and adequate represent the interests ofthe class. They possess the requisite personal interest in the subject matter of the lawsuit. They are represented by a law office that is experienced in class action litigation involving jail and prison conditions.
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31. Defendants have acted and refused to act on grounds generally applicable to the class, thereby making appropriate final declaratory and injunctive relief with respect to the class as a whole.
VI. FACTUAL ALLEGATIONS 32. The Jail structure is inadequate for its current purpose and is maintained in a condition, which is unhealthy and unsafe to both the inmates and Sheriff's Department personnel. Living conditions at the Jail, which is an old and antiquated facility, are abysmal. The design of the Jail i~. such that it is impossible to properly monitor and control the activities ofthe inmates contained therein. Floors, walls, ceilings, bunks, toilet facilities, and showers are covered with filth. There are hairballs on the floor. There is a lack oftemperature control in the facHity and inmates are subjected to widely fluctuating temperatures, which is detrimental to the health ofthe inmates. The facility is not fit for human habitation. The cell sizes are inadequate and there are an insufficient number of emergency exits. A recent State Fire Marshall's report shows numerous Code violations based on the design ofthe facility. The Jail does not employ janitorial personnel, and inmates are not provided with adequate supplies to clean the facilities themselves. The cells have very little, ifany, natural light. Shower facilities in the men's section ofthe Jail are inadequate; as a result inmates are not able to shower on a regular basis. The cells are infested with ants and spiders. 33. The Jail facility is perennially overcrowded. The Jail facility is designed to house a total of 96 inmates. There is an auxiliary facility, not designed to be a jail, which is currently being utilized to house additional inmates, i.e. trustees. This building can accommodate approximately 40 inmates but is inadequate for the purpose for which it is being used. There is little or
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no supervision at either the Jailor the outbuilding. The Jail population at the time of the filing of this complaint was __ inmates and because ofovercrowding, __ inmates are required to sleep on tables and on the floor, including sleeping underneath a bunkbed and in the corridors, which prevents the movement ofjailors or inmates in the event of an emergency. Some inmates sleep on the floor within just a couple offeet ofthe commode or shower. Up to twenty men sleep in each ofthe drunk tanks, on benches and on the floor. The drunk tanks have very little light, and sometimes the floors are covered with standing water.
34. The conditions in the Jail pose a serious hazard to the health and safety ofthe inmates in the event offire. Smoke detectors, fire alarms, sprinkler systems, and fire extinguishers are substandard or lacking altogether. The inmates are not informed ofany fire evacuation plan, if one even exists. The cells contain flammable bedding and other materials. All locking devices are ancient. This fact, in concert with over crowded conditions at the Jail, lack of sufficient staff, and narrow passageways makes it very likely that a fire in the Jail would cause substantial injury and possible loss of life to some or all the inmates housed therein.
35. The inadequate funding of the Jail by the Commission has resulted in not only a lack of personnel to oversee the inmates' care and needs but also those persons who are hired to perform these duties have inadequate formal training in the types of skills needed to control such a large population of inmates, if indeed the current number of personnel could ever properly control such a large population of inmates in such a volatile situation.
36. The design of the 1ail is such that narrow corridors and lack of exits prevent orderly and safe evacuation of the Jail in the event of tire, riot, or other emergency.
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37. Neither defendant Crabbe his deputies, the jailers, nor the inmate trustees have been formally trained to detect mental illness or to handle mentally ill persons, despite the fact that mentally ill persons are often committed to the Jail. Any on-the-job training that is provided to personnel in the handling ofintoxicated or mentally ill persons, or in detecting mental illness, is done by Crabbe or one of his deputies, none of whom have been formally trained to handle these types of cases.
38. The ventilation in some parts ofthe Jail is totally inadequate and the air is fetid and malodorQus. This poses a real, immediate, and substantial threat of harm to the inmates.
39. The communication system of the Jail is totally inadequate. It consists ofa video camera and transmitter system located in the cards ofthe jail. Inmates can not activate the system to communicate an emergency to the jail personnel. Inmates communicate with staff personnel by covering up the video camera or by banging on the walls of the Jail. Where there are communication devices between the cells and the jailer, these devices are inadequate. When calls go through from the inmates to the jailer either via the banging or over the transmitter system, these calls are often ignored by the jailer.
40. There are an inadequate number of persons employed at the Jail to provide adequate security and supervision ofthe inmates. Officers do not visually inspect the cells with sufficient frequency, and very rarely enter the cells. On the weekends, there are only three personnel available to run the entire jail including the oversight of all inmates and other jail responsibilities. There is inadequate supervision of the female prisoners, including the absence of a female jailor at various times during the week.
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41. There is no organized recreation for inmates in the Jail. Time in the exercise yard is allowed on very rare occasions, and there is no schedule for such recreation and time outside of the Jail bUilding. While there is a facility for outdoor recreation, staffing problems and the whim ofthe Sheriffcontrol the use ofthese outside facilities.
42. There are no educational or rehabilitation programs offered at the Jail. 43. The inmates are permitted visitation only once per month and under such conditions as to make the visitors feel like they are inmates and are being punished.
44. There is no classification system at the Jail. Persons held pending trial are treated
no differently than convicted persons. Mentally ill inmates are not identified and kept separate from other inmates. Nor are juveniles or inmates with contagious diseases such as venereal disease and tuberculosis. Misdemeanants and pretrial detainees are housed in the same cells with felons.
45. Inmates are not allowed to attend religious services inside or outside the Jail. The only religious guidance provided to the Plaintiffs and the other inmates is provided on a sporadic basis by the inmates themselves. In addition, Plaintiffs and other inmates are not consulted about their religious needs by Sheriffs Department personnel.
46. The Jail does not have a facility for housing legal materials nor does the Jail provide the inmates access to legal textbooks, caselaw books, statutory materials, writing room, a Notary Public, or typewriters or computers to assist the inmate in the preparation of pretrial or post-trial legal proceedings.
47. There are a nurse and doctor who are responsible for the medical care of the inmates. However, treatment is given on a sporadic basis and the care is sometimes inadequate to
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successfully treat the medical problem. No medical screening or examination is given to a person when he is committed to the Jail, nor is a physical examination given after the person has been in jail for an extended period oftime. At no time since Crabbe became Sheriffhas the Morgan County Health Department or any other medical personnel regularly examined each inmate admitted to the Jail for infectious diseases.
48. There is no uniform system of record keeping for medical requests and/or dispensing drugs for inmates. Many of the jailers have not had first-aid training since being employed by Crabbe. Puring the Plaintiffs' incarceration in the Jail, inmates with serious medical problems such as tuberculosis have been mixed in with the general population and have not been treated. These, and other seriously ill persons, in some cases with communicable diseases, are kept in the general population of inmates. No medical screening or testing has been performed upon the Jail population.
49. There is a work-release program at the Jail but it is inadequately supervised and there are no discernable standards for when an inmate qualifies for the work-release program. From appearance, the work-release program is controlled solely on the whim of the Sheriff, and denial ofwork release is routinely done without reference to any objective criteria or standard.
50. Inmates at the Jail are not provided with nutritionally adequate food. All meals are prepared by inmates, and no food service personnel are employed by the Sheriff's Department. The inmate cooks have not been trained in hygienic food handling practices, and have never been treated for contagious diseases including AIDS, TB, and venereal disease. The meals are often served cold, and the inmates eat in their ceJJs which, as described above, are unsanitary and filthy. The food is inadequate for the nutritional needs of the inmates and is unappetizing and unwhole-
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some. No facility exists within the Jail where the inmates can eat their meaJs in comfort. Portions of food are often inadequate to satisfy hunger.
51. The Defendant Commission has been repeatedly put on notice by the Sheriff and Grand Juries ofMorgan County of the inadequate design, funding, and needs of the Jail and of the SheriiPs Department in operating, maintaining, and supervising the Jail as evidenced by the State Fire Marsha1I's Report of September 25,2000; the Grand Jury Reports ofMarch 8, 1996; May 22, 1998; November 20, 1998; December 18, 1998; February 4, 1999; June 24, 1999; September 17, 1999; June 15,2000; September 15, 2000; and December 6,2000; and the November 2000 Inspection Report ofthe Alabama Department of Corrections.
52. The defendants Mike HaJey, Steve Crabbe, and Larry Bennich received a letter dated January 19,2001 from the Plaintiffs' attorney, John A. Russell, ill, which letter outlined specific violations of the rights of inmates in the Morgan County Jail and demanded action to correct these deficiencies. A copy of this letter is attached hereto and incorporated by reference herein. The response of Chairman Bennich and Sheriff Crabbe was contained in a letter dated February 5,2001, a copy of which is aJso attached. No response was received from Defendant Haley. See aJso Russell letter to Shinn dated February 7,2001, a copy of which is attached. The Defendants have ignored the heaJth, safety, and constitutional rights of the Plaintiffs and other members of the class. This trampling of the rights ofthe Plaintiffs and other members of the class has been wanton and/or intentionaJ on the part of the County Commission, the Sheriff, and Commissioner Haley, and is without legaJ justification or excuse.
53. The conditions of confinement and defendants' policies and practices in administering and overseeing the Jail, considered both discretely and in their totality, deprive plaintiffs and
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all others similarly situated of the minimal civilized measure oflife's necessities. Furthermore, the grossly inadequate medical care and lack of sufficient safety and security measures place inmates at substantial risk of serious harm.
54. All defendants are and have for some time been aware ofthe inhumane conditions, practices, policies, and treatment described in this Complaint, as a result of official inspection reports of the Jail, complaints from inmates, the conspicuousness of such conditions, and a Jetter from plaintiffs' counsel dated January 19, 2001. Defendants have not taken adequate measures to remedy t~e Jail's deficiencies. Their failure to act constitutes deliberate indifference.
55. Plaintiffs have exhausted the grievance procedure that has been made available to them at the Morgan County Jail during the past three weeks. Prior to this time, no grievance procedure was available to the majority of inmates at the Morgan County Jail, and grievance forms were rarely provided upon request. When inmates did obtain a grievance form, serious grievances were often denied because the inmate-grievant made a simple, technical error in fiUing out the form. Inmate handbooks were not regularly given to inmates, so the inmates had no way of knowing what the rules ofthe grievance procedure were or how to appeal if they were not satisfied with the resolution of their grievance.
56. The grievance procedure that has been in place since the hearing before the Honorable U.W. Clemon on March 14, 2001, is deficient in numerous ways. The procedure is ambiguously worded so that most inmates cannot understand how to comply; the complaint form is confusing and does not provide spaces for all the required information (such as the social security number and "solution"); the deadlines for filing and appealing are unreasonably short; and the rules are applied erratically and new rules are made arbitrarily from one day to the next. For
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example, grievances are denied for failure to use the proper ink, and inmates must now return

their grievances during the same shift that they obtained the grievance form. There is no mecha-

nism by which inmates can bypass the shift supervisor iftheir grievance concerns a sensitive issue

such as guard brutality, and some inmates who have filed grievances on issues concerning fear of

being assaulted by other inmates have had the content of their grievances shared with the potential

assailants.

vn. CAUSES OF ACTION

Count I

57. Incorporating by reference the factual allegations in paragraphs 32 through 56, 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 dis-

cretelyand 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.

Countll

57. Incorporating by reference the factual allegations in paragraphs 32 through 56, 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 dis-

cretely 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. §

1983.

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Countm

58. Incorporating by reference the factual allegations in paragraphs 44,47-48,50,

defendants' deliberate indifference to plaintiffs' serious medical needs violates plaintiffs' rights

under the Eighth and Fourteenth Amendments to the United States Constitution, as enforced

through 42 U.S.C. § 1983.

Count IV

59. Incorporating by reference the factual allegations in paragraph 46, 55-56, defen-

dants' refusal to allow plaintiffs meaningful access to the courts violates plaintiffs' rights under the

First, Sixth, Eighth, and Fourteenth Amendments to the United States Constitution, as enforced

through 42 U.S.C. § 1983.

PRAYER FOR RELIEF WHEREFORE, plaintiffs respectfully pray that this Court: 1. Assume jurisdiction over this action; 2. Order that this case may be maintained as a class action pursuant to Rule 23(b)(2) ofthe Federal Rules of Civil Procedure; 3. Declare unconstitutional and unlawful the conditions of confinement and treatment ofinmates at the Jail, as set forth in paragraphs 32 through 56; 4. Enter a preliminary and permanent injunction requiring the defendants, their successors, agents, employees, and all persons acting in concert with them to take immediate steps to improve the conditions of confinement and treatment of inmates at the Jail, including but not limited to the following: removing inmates from sleeping on the floor and on tables; improving

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sanitation, ventilation, lighting, fire safety and other physical conditions; providing an adequate number oftrained staff to supervise inmates and respond to emergencies; providing inmates with a safe and secure environment; providing inmates with regular outdoor exercise; improve food service; provide adequate medical care; and providing adequate access to legal materials;
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. A proposed Preliminary Injunction Order is attached to this motion for the Court's convenience.

Respectfully submitted this 4th day of April, 2001,

/t ~.. /t.Is:.JLMI""1ilS;.LSt"H"/,(t.~$VSlllS\) hnA.Ru ,m,E.
02 Broad Street Aliceville, Alabama 35442 Telephone: (20S) 373-8714 Facsimile: (205) 373-8894

e£'~ aHSer,Esq. isa Kung, Esq. Stephen B. Bright, Esq. Southern Center for Human Rights 83 Poplar Street, N.W.
Atlanta, Georgia 30303-2122
Telephone: (404) 688-1202 Facsimile: (404) 688-9440

Attorneysfor Plaintiffs

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EXHIBITS TOO LARGE FOR SCANNING-SEE ORIGINAL FILE

 
 Case 5:01-cv-00851-UWC Document 45 Filed 09/25/2001 Page 1 of 18
F-'I',.• ~ L,::-.. (.' )

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ALABAMA 01 SEP 25 Pt1 3: 32

NORTHEASTERN DMSION

u. r, ; =: S. 0j

~: :.~\Jlii\-;

N.D. UF At

'.
,~

JOHNNY MAYNOR, ANTHONY MURPHREE,

)

CHRISTOPHER NICHOLS, YVETTE BARBEE, )

JOSEPH BOWIE, JAMES BROWN, KELVIN

)

COWAN, McARTHUR GREEN, KRJ$TY LEIGH )

G~,CARBlEJACK80N,CLEVELAND

)

OWENS, WILLIE PERRY, ALNAS aUSSELL,

)

MAURICE SEARS, BILLY RAY'SMlTH, MICHAEL )

VAUGHN, IndAviduaUy and on bebalf.,f all present )

and future Inmates of the Morgan County JaU at

)

Decatur, Alabama,

)

)

Plaintiffs,

)

)

vs.

)

)

MORGAN COUNTY, ALABAMA; STEVE CRABB, )

Sheriff of Morgan County, ad MYRA YATES,

)

J aU AdlDlnistr.tor, In their offici. caladties;

)

LARRY BENNICB, JEFF CLARK, DON STISHER, )

STACY GEORGE, and FAYE SPAIU(MAN,

)

memben of the MORGAN COUNTY COMMISSION, )

in their official capaeiUes; DON SlEGf:LMAN,

)

Governor of Alabama, and MIKE HALEY,

)

Commissioller of tile Alabama Dep.rtment of

)

Corrections, In their official capatltles,

)

)

Defendants.

)

Civil Action Number Ol-0851-NE

CONSENT DECREE APPLICABLE TO THE PLAINTIFF CLASS AND THE COUNTY DEFENDANTS
Based on the Court's careful review of the Proposed Consent Decree between the Plaintiff class and the Defendants Morgan County Sheriff Steve Crabb, Morgan County Jail Administrator Myra Yates, the Morgan County Commission and its members Larry Bennich, Jeff Clark, Don Sisher, Stacy George, and Faye Sparkman ('the County Defendants"), the lack of

Case 5:01-cv-00851-UWC Document 45 Filed 09/25/2001 Page 2 of 18
meritorious objections thereto, and the fairness hearing of this date, the Court finds and concludes that the Proposed Consent Decree is fair, reasonable, and adequate. The Proposed Consent Decree is hereby FINALLY APPROVED.
Accordingly, the following provi$ions are hereby ORDERED by the Court. A. Housing and Living Conditions
1. No inmate in the Morgan County Jail ("the Jail") shall be forced to sleep on the floor or on a table at any time.
2. The cells known as "drunk tanks" shall be equipped to safely house inmates who are intoxicated at the time they are booked into the Jail. These cells shall only be used to house intoxicated inmates until they are sober and can be moved safely to the general population.
3. Recognizing that overcroWding at the Jail affects all aspects of Jail operations, the County Defendants agree to organize a local task force to identify and review alternative programs and methods for reducing the Jail population and to make recommendations regarding the implementation of such programs and methods. The task force shall include, but is not limited to the following officers, if they agree to serve: the sheriff; one or more members of the County Commission; the presiding circuit court judge; the district attorney; the county attorney; a criminal defense attorney; a representative from probation; and at least two community representatives. The task force shall diligently investigate and explore alternative methods for reducing the Jail population, including the creation of a Community Corrections and Punishment Program, as provided for in §15-18-170, et seq., Code of Alabama, 1975; the expansion and development of one or more work release programs as now or hereafter authorized by law; the diversion of inmates to other institutions with available bed space; the release of inmates on their
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personal recognizance; and other alternative means of securing their attendance through such other means and methods as may be available. In reviewing the possible alternatives for preventing overcrowding at the Jail, the task force will consult with the Alabama Association of Community Corrections. County Defendants will report to Plaintiffs' counsel each September 15 and March 15, and through other regular communications, regarding local efforts by the task force and others to prevent overcrowding at the Jail.
4. Defendants shall thoroughly and safely clean the entire Jail at least once a month, and shall ensure that the Jail continues to receive monthly pest control services. County Defendants shall respond promptly to pest control problems in the Jail. Defendants shall have the ventilation system at the Jail inspected for dirt, mold, and other growth; and, by December 31, 200 I, shall have the air ducts cleaned, replaced or repaired by a qualified firm if the ducts contain levels of vermin, mold growth, dust and/or debris considered unacceptable according to the standards of the American Society of Heating, Refrigerating, and Air Conditioning Engineers (ASHRAE). County Defendants shall ensure that the air handling unit is on a regular maintenance program and that the air filters are being changed regularly. County Defendants shall have the heating, ventilation, and air conditioning (HVAC) system at the Jail inspected and evaluated regularly by a qualified environmental hygiene specialist, for compliance with ASHRAE standards. The Jail HVAC system shall then be maintained in accordance with the recommendations of the specialist. On a daily basis, inmates shall be provided with cleaning supplies, including brushes for the toilet and the shower, a mop, sponges, and a bucket with clean hot water and detergent. The Class recognizes that Class members are jointly responsible with the Jail staff for cleanliness of the cellblIDck and maintaining a decent living environment.
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5. County Defendants shall furnish all inmates with a clean mattress, sheet, blanket, and towel upon intake, and shall furnish clean sheets, blankets, and towels once a week. All inmates shall be provided with an adequate supply ofhygiene products which shall include toothbrush, toothpaste, deodorant, soap, and shampoo free of charge. County Defendants shall provide each inmate two clean unifonns. Mattresses shall be in reasonably good condition, and shall be sanitized and aired between users. Effective October 31,2001, all inmates shall have access to the jail store at least once per week. County Defendants shall furnish each inmate a pen or some other writing instrument at intake and no less than once every 10 days thereafter. Under no circumstances shall inmates be denied access to over-the-counter medication or hygiene items as a fonn of punishment.
6. Effective October 31, 2001, County Defendants shall provide an opportunity for no less than one hour per day, three days per week of outdoor exercise for every inmate during daylight hours, except in inclement weather or emergency situations. In the event that the Jail creates a bona fide indoor exercise facility, exercise may be provided in such a facility so long as at least one day of exercise remains outdoors. Denial of exercise shall not be used for punishment, except that those who violate the Sheriffs reasonable rules ofbehavior may be returned to their cells prior to the end oHhe exercise period.
7. Effective October 31, 2001, County Defendants shall provide at least five hours of visitation each Saturday or Sunday as detennined by the Sheriff, for family and loved ones 14 years of age or older, to visit inmates who have been in Jail for no less than seven consecutive days ("eligible inmates"). County Defendants will assure an orderly and safe visitation period by designating 30 minute periods of one-on-one visitation (i.e. one inmate to each visitation port for
4

Case 5:01-cv-00851-UWC Document 45 Filed 09/25/2001 Page 5 of 18
the thirty-minute period) in a fair and equitable manner for all eligible inmates desiring to visit with family and loved ones, and who (and whose visitors) comply with the Sheriffs written reasonable rules and regulations regardi1!lg visitation. All inmates shall be allowed at least three visits with family and loved ones each month. Family and loved ones will not be barred from visitation for having been incarcerated at the Jail so long as that incarceration ended more than 12 months prior to the scheduled visitation. No inmate may have more than two visitors per week. Visitors between the ages of 14 and 18 must be accompanied by an adult, and must be a member of the inmate's immediate family.
8. Beginning no later than January 1, 2002, to the extent permitted by the State Fire Marshal, inmates may obtain and keep ai reasonable number of soft-cover books and periodicals sent to them directly from the publisher, or otherwise made available to them by jail staff, such as from a book cart or jail library. Sexually explicit or racially inflammatory materials shall be prohibited. All incoming books and periodicals will be screened to determine if they are sexually explicit or racially inflammatory.
9. County Defendants shall keep the Jail temperature between 65 degrees and 85 degrees Fahrenheit, provide adequate ventilation, and maintain adequate lighting in all living areas. Adequate lighting shall be defined to be 25 foot candles in all living areas, including the one-man cells on the third floor of the jail, and shall be implemented no later than December 31, 2001.
10. The County Defendants commit to move diligently to design, construct and occupy a new County Jail facility, and shall immediately begin studies and formulate plans for the funding for construction of the new Jail. The Jail will be designed and constructed so as to
5

Case 5:01-cv-00851-UWC Document 45 Filed 09/25/2001 Page 6 of 18

assure that the health, safety, and welfare of the inmates are adequately provided for. The

County Defendants commit to have the construction complete and facility certified fit for

occupancy on or before October 1, 2005. Nothing provided herein shall prevent the County

Defendants from utilizing all or a portion of the existing Jail facility as a portion of the new Jail

facility, so long as the facility adequately assures the health, safety, and welfare of the inmates.

B. Health Care and Diet

11.

County Defendants shaill provide and pay for all constitutionally required health

care in a timely manner. This provision does not prevent the Jail from implementing a written

co-pay plan, which requires inmates to pay a limited fee, in a pre-set amount, toward the cost of

their medical treatment. For example, the plan might provide that inmates will be charged $3, or

some other reasonable amount, toward each 30-day refill of a prescription medication. Payments

may be withdrawn from the inmate's Jail store account so long as the Jail store account does not

fall below $20. Under no circumstances shall an inmates' financial status prevent him or her

from receiving constitutionally required medical, mental health, and dental care, including

necessary medication and hospitalization, in a timely manner.

12. Inmates shall be screened in a face to face interview by officers upon arrival at the

Jail, or as soon thereafter as the inmate is physically or mentally able to do so, and before their

placement in general population. Officers will be instructed by a qualified health care

practitioner on the proper use of the health screening forms before they conduct interviews. The

health screening form shall be mutually agreeable to Plaintiffs' and County Defendants' counsel.

13. Intake findings shall be recorded on a Health Screening Form and reviewed within

one (1) day by a qualified health care practitioner. The screening form, along with medical

6

Case 5:01-cv-00851-UWC Document 45 Filed 09/25/2001 Page 7 of 18
examinations, medication records (which shall include at a minimum the medication prescribed for each inmate, the dosage, and the date of administration), sick call requests, out-patient medical visits, emergency room referrals, treatment and directions for any follow-up, and treatment plans for inmates with chronic medical conditions (including chronic mental illnesses) shall systematically be kept as part of each inmate's confidential medical file.
14. If, during intake screening an inmate indicates that he or she has a chronic or acute medical condition, referral will be made promptly to the medical staff. The medical staffwill complete the screening process, gather medical history, and verify any current medication, which the inmate identifies that he or she is taking. The medical staff will request that the inmate sign a release of information to confirm any medication or treatment currently ordered. Medication or ongoing treatment which are credibly verified shall be continued without interruption and shall be referred to the Jail's Medical Director for orders to thereafter continue or alter as deemed appropriate by the medical director. The final decision to continue or discontinue, or modify treatment or medication shall rest with the Medical Director of the Jail, consistent with the community standard of care. The Medical Director's decision to continue, discontinue, or modify the inmate's treatment, and the reasons for this decision, shall be documented in the inmate's medical record.
15. If, during intake screening, an inmate indicates that he or she has a chronic or acute medical condition during such time as the Jail's medical staff is not physically present, the correctional staff will contact promptly the on-call nurse or the Jail's Medical Director to determine what medical care or medication is appropriate, consistent with the community standard of care for the inmate's medical condition, until the inmate may be personally seen by
7

Case 5:01-cv-00851-UWC Document 45 Filed 09/25/2001 Page 8 of 18
the jail medical staff the next morning. If, for any reason, correctional officers are unable immediately to contact the on-call nurse or the Jail's Medical Director with regard to any person with an acute or chronic illness and the situation is emergent, the inmate will be transported immediately to the appropriate emergency room for care and treatment.
16. If, during intake screening, an inmate states that he or she is on medication for a chronic or acute illness and the medication cannot be verified within 24 hours of intake, then, within the next 24 hours, the inmate will be seen by a physician who shall continue the inmate's prescription, or in the alternative, order other treatment for the inmate consistent with the community standard of care for the inmate's condition. The inmate shall receive the first dose of the medication prescribed by this physician within the second 24-hour period (in other words, within 48 hours of intake). The physician's decision to continue, discontinue, or modify the inmate's treatment, and the reasons for this decision, shall be documented in the inmate's medical record.
17. Inmates whose constitutionally required treatment includes testing of blood pressure, blood sugar, or any other medically necessary testing, shall be provided such testing in accordance with the standard of care for their medical condition.
18. Inmates who indicate through the intake screening or who appear to be suffering from serious mental illness, including suicidal tendencies, shall be seen promptly by a qualified mental health specialist for diagnosis and appropriate and ongoing treatment. County Defendants shall develop a written plan which ensures that inmates with mental illness are seen promptly by qualified mental health specialists.
19. Each inmate held in the Jail more than fourteen (14) days shall by the fourteenth
8

Case 5:01-cv-00851-UWC Document 45 Filed 09/25/2001 Page 9 of 18
day be given a basic physical examination which includes, at a minimum, the taking of vital signs (blood pressure, pulse, height, weight, and temperature), a complete health history, and tests for tuberculosis, HIV, and syphilis. The examination must be conducted by a qualified health care practitioner. County Defendants shall ensure that tuberculosis skin tests are read 48-72 hours after they are implanted, and that anyone with a positive skin test is provided a chest x-ray within 96 hours. County Defendants shall immediately contact local health officials regarding any individual with a suspicion of contagious tuberculosis.
20. If an inmate needs constitutionally required medical treatment or review that cannot be provided at the Jail, including emergency care, County Defendants shall transport the inmate to obtain such treatment in a timely manner. County Defendants shall make arrangements with local health care facilities, including emergency rooms, to ensure that no inmate is refused constitutionally required treatment or care because of inability to pay.
21. County Defendants shall implement a regular sick call to be conducted by qualified health care practitioner at least five (5) times a week. The sick call shall include a simple procedure for inmates to make written requests to be seen at the next sick call in a confidential visit by the qualified health care practitioner. Security personnel shall not have the authority to deny a request for medical, mental health, or dental care. Qualified health care practitioners shall be on call when not available on-site.
22. County Defendants shall provide a nutritionally adequate diet to inmates, and shall consult with a registered dietician to review and approve all menus actually served at the Jail. Food provided to inmates shall not be withheld, reduced, or altered as a form of punishment. County Defendants shall provide therapeutic diets when such diets are prescribed
9

Case 5:01-cv-00851-UWC Document 45 Filed 09/25/2001 Page 10 of 18
by a physician or dentist as part of the patient's treatment. 23. County Defendants shall provide safe and medically appropriate detoxification for
inmates under the influence of alcohol or drugs or undergoing withdrawal. Inmates experiencing life-threatening intoxication, overdose, or withdrawal shall be immediately transferred to an emergency care facility.
24. Inmates confined in the Jail's observation cell shall be provided with a mattress, bedding, and clothing unless the inmate is at risk of harming himself or herself with those items. Inmates who are deemed to be at risk of harming themselves shall be provided an isolation/suicide cell smock. The observation cell shall be used for suicide watch, detoxification, and to isolate individuals at risk of harming themselves or others. When the cell is to be used for medical observation, including when it is used for detoxification or when a hospital or other medical provider has directed that an inmate's condition be closely watched (such as after the inmate has suffered a head trauma), the inmate must monitored by a correctional officer in consultation with a qualified health care practitioner. The observation cell shall not be used for punishment. Force, including chemica] agents, shall not be used on an inmate confined in an observation cell, except when necessary to protect the inmate from harming himself or herself or others, and then only after other reasonable methods for controlling the inmate have failed. Persons in the observation cell shall be checked every fifteen (15) minutes by trained Jail staff, and such checks shall be documented. Jail staff shall also document when they allow the inmate in the observation cell to shower or use the toilet. C. Security and Fire Safety
25. Detention officers shall visually inspect each cellblock in the Jail at least once
10

Case 5:01-cv-00851-UWC Document 45 Filed 09/25/2001 Page 11 of 18
every thirty minutes. All checks shall be documented. Effective October 31, 2001, at least one officer shall be stationed on each floor of the main Jail and two officers shall be stationed in the control room at all times. One officer shall be stationed at the Annex when any inmates are actually there. In addition, at least two (2) rovers shall be on duty at all times.
26. All officers in supervisory positions shall attend and complete the 80-hour Jail Management Training course conducted by the Alabama Department of Corrections at the Alabama Corrections Academy within the next 6 months, and all other detention officers shall receive at least 12 hours of formal training within the next 6 months.
27. Uses of force by detenti(m officers, including but not limited to the use of chemical agents, shall be reviewed within one (1) day or on the next business day (if the use of force occurs on the weekend) by the Jail administrator or warden, who shall counsel and, when appropriate, discipline any officer who is determined to have used force excessively or improperly. Use-of-force records, including all inmate or staff allegations or complaints regarding use of force and any determinations regarding whether that use of force was appropriate, shall be systematically kept and filed. Force, including chemical munitions, shall not be used except to prevent an inmate from causing bodily harm or physical injury to himself or to another, or to escape, and only when there is no other reasonable means for controlling the inmate. All current staff shall receive training in the proper use of force, including chemical munitions, within two months of entry 4)f this order, and on an annual basis thereafter. All future staff shall receive training in the proper use of chemical munitions within 30 days of their employment with the Sheriffs Department and on an annual basis thereafter.
28. No later than September 1, 2001, County Defendants shall implement an adequate
11

Case 5:01-cv-00851-UWC Document 45 Filed 09/25/2001 Page 12 of 18
communication system for use in the Jail. A communication system shall be considered adequate only if it allows inmates, including those in the annex and single-man cells, to immediately notify detention officials of emergencies and the nature of the emergency, and only if officers respond in a timely and appropriate manner.
29. By September 1,2001, and on an annual basis thereafter, all current staff shall receive training in the recognition of mentally ill and emotionally unstable individuals, including recognition of signs and symptoms of chemical dependency and suicidal tendencies. In addition, by September 1,2001 and on an annual basis thereafter, all current staff shall receive training in defusing and safely handling volatile situations involving such individuals. All future staff shall receive the training described in this paragraph within 30 days of their employment with the Sheriffs Department, and on an annual basis thereafter.
30. A first aid kit approved by the designated physician shall be available in the Jail. All Jail personnel, within 30 days of employment, and annually thereafter, shall have current training in basic first aid and cardiopUlmonary resuscitation (CPR) equivalent to that defined by the American Red Cross. At all times, there shall be at least two Jail staff members on-site at the Jail who have current training in basic iirst aid and CPR.
31. County Defendants shall repair all non-structural deficiencies described in the September 25,2000, State Fire Marshal's Report, and shall have the fire alarms, smoke detectors, and manual fire alarm systems in good working order by December 31, 2001. Structural deficiencies will be adequately addressed by the County Defendants when the new Jail is designed, built, and occupied.
12

Case 5:01-cv-00851-UWC Document 45 Filed 09/25/2001 Page 13 of 18
D. Access to the Courts 32. County Defendants shall implement by September 30,2001 a formal grievance
procedure that is mutually agreeable to Plaintiffs and County Defendants' counsel. 33. County Defendants shall obtain and make available at least 2 sets of the Offenses
and Defenses in Alabama, Harrison Co. (3d Ed. 1999), Alabama Criminal Trial Practice Forms, Harrison Co. (3d Ed. 1993), the Georgetown Law Journal Annual Review ofCriminal Procedure (2001), the Alabama Code Annotated, Title 13A (Criminal Code), Legal Research: How to Find and Understand the Law, Nolo Press (4th edition, 1995), and Prisoners' Self-Help Litigation Manual, Ocean Publications, 3rd edition, 1995, and shall, upon request for specifically identified legal materials and the prepayment of the estimated reasonable cost of copying such, supply the inmate with photocopies of the specifically identified legal materials. County Defendants shall also accept donations of legal materials to the Jail received from Plaintiffs' counsel for use by inmates; subject to reasonable limitations on the quantity of such materials. The Class recognizes that Class members are jointly responsible for the proper care of the reference books, and County Defendants shall not be required to replace any of the above legal materials which are damaged by inmates in whole or in part. E. Attorneys' Fees
34. County Defendants shall pay the reasonable fees and expenses ofthe Plaintiffs' attorneys and support personnel, subject to the fee limitations contained in the Prison Litigation Reform Act, which, on the date of the signing of this agreement is $79,043.09. This does not prevent Plaintiffs' counsel from seeking future fees and costs that are directly and reasonably incurred in enforcing the relief ordered for the violation of Plaintiffs' rights under this Consent
13

Case 5:01-cv-00851-UWC Document 45 Filed 09/25/2001 Page 14 of 18
Decree, subject to the fee limitations contained in the Prison Litigation Reform Act. 35. If the Court orders payment from State Defendants for fees and expenses that have
already been paid for by the County Defendants, Plaintiffs' attorneys shall reimburse County Defendants of such amount. F. Notice
36. Within ten (10) days of the entry of this order, Defendant Steve Crabbe shall explain the terms of this Consent Decree to all of his agents, servants, representatives, and employees in any way connected with the subject matter of this suit, in order to ensure their understanding of this Consent Decree and the necessity for strict compliance with its terms. County Defendants shall require strict compliance with this Consent Decree by all such persons and their successors. All Jail staff members and other individuals providing services required by this Consent Decree shall read this Consent Decree within ten (10) days ofthe date of its entry or within ten (10) days of being hired, Whichever comes later; and shall acknowledge in writing that they have read and understood what is required of them.
37. The Jail's Inmate Handbook shall advise inmates that the Jail is being operated under the terms of an order entered by tlhe United States District Court for the Northern District of Alabama and that, within a reasonable time after request, any inmate will be afforded the opportunity to read a complete copy of the Consent Decree.
14

Case 5:01-cv-00851-UWC Document 45 Filed 09/25/2001 Page 15 of 18
G. Compliance 38. To ensure compliance with this agreement, County Defendants shall provide to
Plaintiffs' counsel each month a complete and up-to-date census ofthe Jail population that lists inmates by location, status (awaiting trial, state convicted, or county convicted), all criminal charges, and length of confinement. County Defendants shall also provide to Plaintiffs' counsel on a quarterly basis a complete and up-to-date security staffing report that includes staff names and assignments.
39. On a monthly basis for the first year after the effective date of this order, and on a quarterly basis thereafter, County Defel!ldants shall provide to Plaintiffs' Counsel the physician sick call schedule for the previous month, including the name of each physician who worked, the actual days he or she was present at the Jail, the actual number of hours he or she spent at the Jail on each of these days, and how many patients he or she treated on each of these days. County Defendants shall provide this information with regard to on-site visits by the psychiatrist and psychiatric social worker and any other specialist who provides care on-site at the Jail, as well. The nursing schedule for the previous month, including the name of each nurse who worked, his or her qualifications (i.e., RN), the days and hours he or she actually worked, and the number of patients he or she saw on each day worked.
40. Plaintiffs' counsel shall have reasonable access to Jail records, Jail inmates, and the Jail facility, including escorted, unannounced walk-through visits of the Jail on a quarterly basis during the first year following the entry of this Consent Decree, and twice a year thereafter. Paralegals working directly with Plaintiffs' counsel shall have reasonable access to Jail inmates and will be accompanied by an attorney during any walk-through ofthe Jail. Class counsel and
15

Case 5:01-cv-00851-UWC Document 45 Filed 09/25/2001 Page 16 of 18

their paralegals may bring experts at their own expense on such walk-through visits. Should

class counselor their paralegals bring a medical expert, the medical expert shall have access to

all medical records and charts kept or created by the Jail. This Consent Decree does not prevent

County Defendants from changing the medical providers who provide services at the Jail.

41. Prior to filing a motion with the Court for legal enforcement of the Consent

Decree, Plaintiffs' counsel will bring any alleged deficiencies to the attention of County

Defendants' counsel and allow the County Defendants a reasonable period oftime to resolve the

issues informally. If the issues cannot be resolved through negotiation, the Court may appoint a

qualified, neutral individual with sufficient expertise to evaluate and report to the Court the

County Defendants' compliance with part or all of the Consent Decree. The County Defendants

shall be entitled to notice and an opportunity to be heard prior to the imposition of sanctions

based on such report.

H. Scope of Rellef

42. The provisions of the Consent Decree are not binding on the Defendants Mike

Haley, Commissioner of the Alabama Department of Corrections, and Governor Don Siegelman

("the State Defendants").

I. Definitions

43. The term "detention officer" refers to any member of the Jail staff, exclusive of

kitchen staff and medical staff, who is hired by Morgan County, and charged with the duties of

those persons commonly referred to as jailers, guards, or correctional officers (including

supervisors). This term includes reserve officers, the Jail administrator, and the warden.

44.

The term "qualified health care practitioner" refers to a registered nurse, nurse

16

Case 5:01-cv-00851-UWC Document 45 Filed 09/25/2001 Page 17 of 18

practitioner, physician's assistant, or medical doctor.

45.

The term "Jail" refers to the main jail attached to the Morgan County

Courthouse in downtown Decatur, the "annex" across the street from the main jail, which

currently holds approximately 40 male trustees; and any other facility hereafter used by the

Morgan County Sheriff for housing Morgan County inmates.

I. Stipulations and Findings.

46. The parties stipulate that the prospective relief concerning the housing and living

conditions, as set forth in Paragraphs 1 through 10 of this Consent Decree, is narrowly drawn,

extends no further than necessary to correct the violations of plaintiffs' federal rights set forth in

their Complaint and is the least intrusive means necessary to correct these violations. The parties

agree and stipulate, and the Court hereby finds, that this Consent Decree will not have an adverse

impact on public safety or the operation of a criminal justice system. Accordingly, the parties

agree and stipulate, and the Court hereby finds, that this Consent Decree complies in all respects

with the provisions of 18 U.S.C. §3626(a).

47. The parties agree and stipulate that the prospective relief concerning the safety

and security of inmates, as set forth in Paragraphs 25 through 31 of this Consent Decree, is

narrowly drawn, extends no further than necessary to correct the violations of Plaintiffs' federal

rights set forth in their Complaint and is the least intrusive means necessary to correct these

violations. The parties agree and stipulate, and the Court hereby finds, that this Consent Decree

will not have an adverse impact on public safety or the operation of a criminal justice system.

Accordingly, the parties agree and stipulate, and the Court hereby finds, that this Consent Decree

complies in all respects with the provisions of 18 U.S.C. §3626(a).

17

Case 5:01-cv-00851-UWC Document 45 Filed 09/25/2001 Page 18 of 18
48. The parties agree and stipulate that the prospective relief concerning the medical care of inmates, as set forth in Paragraphs 11 through 24 of this Consent Decree, is narrowly drawn, extends no further than necessary to correct the violations of Plaintiffs' federal rights set forth in their Complaint and is the least intrusive means necessary to correct these violations. The parties agree and stipulate, and the Court hereby finds, that this Consent Decree will not have an adverse impact on public safety or the operation of a criminal justice system. Accordingly, the parties agree and stipulate, and the Court hereby finds, that this Consent Decree complies in all respects with the provisions of 18 U.S.C. §3626(a).
49. The relief provided for in this Order replaces and supersedes the relief granted by all prior orders in this proceeding, including the relief granted in the Court's Preliminary Injunction of April 17, 2001.
50. The requirements of paragraphs 1,2,6, and 7 shall not be in effect whenever more than 25% of the Jail population consists of state-ready inmates, as the term is defined by the Court. However, the opportunity for exercise shall never fall below one day per week for one hour.
Done this ~ day of September, 2001.
Chief United States District Judge
u.w. Clemon
18

 
 Case 5:01-cv-00851-UWC Document 46 Filed 09/25/2001 Page 1 of 2

f':; IL. E L)

IN THE UNIT; STATES DISTRICT COURT FOR THE NORT ERN DISTRICT OF ALABAMA
NORT EASTERN DIVISION

01 SEP 25 PH 4: 04

JOHNNY MAYNOR, ANTHONY MURPHREE,

)

CHRISTOPHER NICHOLS, YVETTE BARBEE,

)

JOSEPH BOWIE, JAMES BROWN, KELYIN

)

COWAN, McARTHUR GREEN, KRISTY LEIGH )

GRIFFIN, CARRIE JACKSON, CLEVELAND

)

OWENS, WILLIE PERRY, ALNAS RUSSELL,

)

MAURICE SEARS, BILLY RAY SMITH, MICHAEL )

VAUGHN, individually and on behalf of all present )

and future inmates of the Morgan Co,nty Jail at

)

Decatur, Alabama,

'

)

)

Plaintiffs, :

)

)

vs.

)

)

MORGAN COUNTY, ALABAMA; STEVE CRABB, )

Sheriff of Morgan County, and MYRA YATES,

)

Jail Administrator, in their official capacities;

)

LARRY BENNICH, JEFF CLARK, DON STISHER, )

STACY GEORGE, and FAYE SPARKMAN,

)

members of the MORGAN COUNTY COMMISSION, )

in their official capacities; DON SIEGELMAN,

)

Governor of Alabama, and MIKE H~LEY'

)

Commissioner of the Alabama Depa ment of

)

Corrections, in their official eapaeitie ,

)

)

Defendants.'

)

U.S.OI:Jir·~i,. ,.GUi~
N.D. 0;'- C; L ,~M~
tpEIUTERED
rSfp. 2 5 200t
Civil Action Number Ol-0851-NE

PE~NENTINJUNCTION

The findings set forth in the cou~'s Preliminary Injunction of April I?, 2001, are
incorporated herein by reference. These !preliminary findings have not been contested by Defendants Governor Siegelman and Cqmmissioner Haley ("the State Defendants"). The Court therefore converts the preliminary findi4gs into final factual findings.

Case 5:01-cv-00851-UWC Document 46 Filed 09/25/2001 Page 2 of 2
Based on these findings, the Defendant MIKE HALEY, in his official capacity as Commissioner of the Alabama State Department of Corrections, his agents, managers, supervisors, employees, and successors in office is hereby PERMANENTLY ENJOINED from failing to transfer at least one state ready inmate from the Morgan County Jail to a state prison for each state ready inmate transferred to a state prison from any other county jail in the State of Alabama, until otherwise ordered by the Court.
The Permanent Injunction is necessitated by the continuing failure of Commissioner Haley and his predecessors to timely remove state ready inmates from the Morgan County Jail, in the absence of an actual or threatened contempt order. The resulting overcrowding, when coupled with the other dangerous conditions in the Morgan County Jail, violates the Eighth Amendment rights of the Plaintiff class to be free from cruel and unusual punishments.
The remedy imposed by the Permanent Injunction is narrowly tailored to maintain compliance with minimal federal constitutional standards, it extends no further than is necessary to correct the violation of the federal right, and it is the least intrusive means of remedying the constitutional violation. As found earlier, available space presently exists in the Alabama state prisons to accommodate the state ready Morgan County inmates. The requirement of the Permanent Injunction will not adversely impact public safety or the operation of a criminal justice system.
Done this ~ay of September, 2001.
ChiefVnited States District Judge V.W. Clemon

 
 Case 5:01-cv-00851-UWC

Document 70

Filed 03/21/2006

Page 1 of 5

FILED

2006 Mar-21 PM 04:30 U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA
NORTHEASTERN DIVISION

JOHNNY MAYNOR, ANTHONY

)

MURPHREE, CHRISTOPHER NICHOLS, )

YVETTE BARBEE, JOSEPH BOWIE,

)

JAMES BROWN, KELVIN COWAN,

)

McARTHUR GREEN, KRISTY LEIGH )

GRIGGIN, CARRIE JACKSON,

)

CLEVELAND OWENS, WILLIE PERRY, )

ALNAS RUSSELL, MAURICE SEARS,

)

BILLY RAY SMITH, and MICHAEL

)

VAUGHN, individually and on behalf of all )

present and future inmates of Morgan

)

County Jail at Decatur, Alabama,

)

)

Plaintiffs,

)

)

vs.

)

)

MORGAN COUNTY, ALABAMA; STEVE )

CRABB, Sheriff of Morgan County, and

)

MYRA YATES, Jail Administrator, in their )

official capacities; LARRY BENNICH,

)

JEFF CLARK, DON STISHER, STACY )

GEORGE, and FAYE SPARKMAN,

)

members of the MORGAN COUNTY

)

COMMISSION, in their official capacities; )

DON SIEGELMAN, Governor of

)

ALABAMA, and MIKE HALEY,

)

Commissioner of the Alabama Department )

of Corrections, in their official capacities, )

)

Defendants.

)

Civil Action Number 5:01-cv-00851-UWC

MEMORANDUM OPINION ON THE DEFENDANT SHERIFF’S MOTION FOR INSTRUCTIONS
On February 17, 2006, Defendants Greg Bartlett, as the Sheriff of Morgan County,

Case 5:01-cv-00851-UWC Document 70 Filed 03/21/2006 Page 2 of 5
Alabama,1 and Myra Yates, as the Jail Administrator,2 moved the Court for a protective order, or in the alternative, moved for instructions from the Court and requested an emergency hearing. (Doc. 63.) The Court will treat the motion as one for interpretation of the extant Consent Decree, as amended. (Doc. 45.)3
The present dispute involves the Sheriff and members of the Morgan County Commission. It relates to the staffing of the new County Jail, which shall be occupied by inmates in less than three months. At the direction of the Commissioners, the new County Jail consists of four separate and independent inmate housing units, called “pods.” The Sheriff insists that he cannot adequately staff the four pods with less than 102 officers. On the other hand, the Commissioners insist, with equal vigor, that the four pods can be adequately staffed with only 78 officers and they have budgeted funds only for these 78 positions.
These parties now refuse to even discuss the matter with each other; and the Sheriff has dropped it in the Court’s bosom for resolution.
In the outset, it is well to remind the Sheriff and the Commissioners that this
1 Greg Bartlett succeeded Steve Crabb as the Sheriff of Morgan County. 2 On her subsequent motion, Myra Yates has been dismissed as a party to the instant motion. (Doc. 65.) 3 The September 21, 2001, Consent Decree was the Defendants’ response to severe and recurring overcrowding in the Morgan County Jail, and medical conditions which were alleged to violate the Eighth Amendment to the United States Constitution. The parties have stipulated that the Consent Decree is narrowly drawn, extends no further than necessary to correct the violations of the Plaintiffs’ federal constitutional rights, and that it is the least intrusive means necessary to correct these constitutional violations. (Doc. 45, para. 46.) See 18 U.S.C. § 3626(a).
Page -2-

Case 5:01-cv-00851-UWC Document 70 Filed 03/21/2006 Page 3 of 5
Court lacks both the inclination and the authorization to resolve political disputes. The Court’s only role is to insure that the provisions of the Consent Decree are implemented and enforced. Put another way, this Court is only authorized to require the parties to abide by the terms of the contract which they executed and the Court embodied in the Consent Decree. The Court can go no further; it eschews the invitation to address issues beyond the scope of the constitutional claims in this case.
In the original Consent Decree, the Commissioners and the Sheriff “commit[ted] to move diligently to design, construct and occupy a new County Jail facility.... The Jail will be designed and constructed so as to assure the health, safety, and welfare of the inmates are adequately provided for.” (Doc. 45, para. 10.)
On December 8, 2005, on motion of the parties, (Doc. 60),4 the Court amended the Consent Decree to require, among other things, the development of a “Transition Plan.” The Transition Plan requires:
“(a) a staffing analysis for the new Jail Facility in order to ensure that the new Jail facility will have the staff reasonably necessary to operate the Facility and ensure the safety of individuals; (b) policies and procedures for the new Jail facility in accord with constitutional standards, .... (i) a budget for the operation and staffing of the new Jail facility.” Id. The Sheriff’s staffing analysis and budget were subsequently presented to each of the Commissioners individually. The analysis proposed to staff the four pods with 122 officers
4 The principal object of the motion was to extend the deadline for the opening of the new Jail. Id.
Page -3-

Case 5:01-cv-00851-UWC Document 70 Filed 03/21/2006 Page 4 of 5
working eight hour shifts, or 103 officers working twelve hour shifts. The Sheriff unsuccessfully sought to make his presentation to a formal meeting of the Commission. The presiding officer of the Commission apparently failed to maintain sufficient order so that the Sheriff’s presentation could be made to the formal session of the Commission. The Commission thereafter determined that it would only authorize and fund 78 officers for the new Jail.
At the present time, there are 242 inmates in the custody of the Morgan County Sheriff.5 Roughly 28 of the inmates are females. Both the Sheriff and the County Commissioners agree that it would be inappropriate to house female inmates in the same pod as male inmates.
Pod A has a 100-bed capacity. Pod B has a 90-bed capacity. Pod C, the maximum security pod, has a 101-bed capacity. Pod D is the dormitory pod, with a 120-bed capacity.
On consideration of all of the evidence, the Court finds that three pods must be operated at the new Morgan County Jail in order to satisfy the constitutional prohibition against overcrowding. One of these pods must be reserved exclusively for female inmates.6 The Court further finds that a minimum staff of 88 officers will be required to operate the three pods in order to meet the amended Consent Decree’s requirement of a staff
5 Two hundred inmates are in the actual custody of the Morgan County Sheriff. Another 44 are housed in the Clay County Jail, under a contractual arrangement with the Morgan County Sheriff.
6 This requirement does not preclude the use for administrative functions of the pod reserved for female inmates, so long as male inmates are not housed in the same pod.
Page -4-

Case 5:01-cv-00851-UWC Document 70 Filed 03/21/2006 Page 5 of 5 constitutionally and reasonably adequate.7
By separate order, the Consent Decree will be so interpreted. Done the 21st day of March, 2006.
______________________________ U.W. Clemon
Chief United States District Judge
7 Should the number of Morgan County inmates increase substantially to the point that the fourth pod is needed, based on the evidence, the Court finds that an additional 14 officers will be required to satisfy the Consent Decree’s obligations.
Page -5-

 
 Case 5:01-cv-00851-UWC Document 73 Filed 04/25/06 Page 1 of 2

FILED
2006 Apr-25 PM 04:38 U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA
NORTHEASTERN DIVISION

JOHNNY MAYNOR, ANTHONY

)

MURPHREE, CHRISTOPHER NICHOLS, )

YVETTE BARBEE, JOSEPH BOWIE,

)

JAMES BROWN, KELVIN COWAN,

)

McARTHUR GREEN, KRISTY LEIGH

)

GRIGGIN, CARRIE JACKSON,

)

CLEVELAND OWENS, WILLIE PERRY, )

ALNAS RUSSELL, MAURICE SEARS,

)

BILLY RAY SMITH, and MICHAEL

)

VAUGHN, individually and on behalf of all )

present and future inmates of Morgan

)

County Jail at Decatur, Alabama,

)

)

Plaintiffs,

)

)

vs.

)

)

MORGAN COUNTY, ALABAMA; STEVE )

CRABB, Sheriff of Morgan County, and

)

MYRA YATES, Jail Administrator, in their )

official capacities; LARRY BENNICH,

)

JEFF CLARK, DON STISHER, STACY

)

GEORGE, and FAYE SPARKMAN,

)

members of the MORGAN COUNTY

)

COMMISSION, in their official capacities; )

DON SIEGELMAN, Governor of

)

ALABAMA, and MIKE HALEY,

)

Commissioner of the Alabama Department )

of Corrections, in their official capacities,

)

)

Defendants.

)

Civil Action Number 5:01-cv-00851-UWC

ORDER REQUIRING PUBLICATION OF THE REPORT OF THE TASK FORCE

Under the Consent Decree agreed to by parties to this action, the County Defendants

Case 5:01-cv-00851-UWC Document 73 Filed 04/25/06 Page 2 of 2
were required to create a Task Force that “shall diligently investigate and explore alternative methods for reducing the Jail population.” Based on the testimony during the Court’s hearing last month in Decatur, Alabama, it appears that insofar as the Task Force is concerned the County Defendants have failed to comply with the requirements of the Consent Decree.
Therefore, the County Defendants are hereby ORDERED to file with the Court a complete and full accounting of all meetings, deliberations and recommendations of the Task Force within thirty (30) days of the entry of this Order. This accounting shall include a complete listing of the Task Force members, with appropriate identifying information, and meetings, with applicable attendance records. To the extent that any of the other parties to this action may be able to illuminate the work of the Task Force, they are encouraged to do so.
Done the 25th day of April, 2006.
______________________________ U.W. Clemon
Chief United States District Judge
Page -2-

 
 Case 5:01-cv-00851-UWC Document 89 Filed 01/07/09 Page 1 of 2

FILED
2009 Jan-07 PM 06:18 U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA
NORTHEASTERN DIVISION

JOHNNY MAYNOR, ANTHONY MURPHREE, )

et al.,, on behalf of themselves and

)

all others similarly situated,

)

)

Plaintiffs,

)

) Civil Action Number

vs.

) 5:01-cv-0851-UWC

)

MORGAN COUNTY SHERIFF GREG BARTLETT )

and the MORGAN COUNTY COMMISSION, et al., )

)

Defendants.

)

CIVIL CONTEMPT ORDER

Based on the clear and convincing evidence presented to the Court at the

evidentiary hearing, the Court finds that Defendant SHERIFF GREG BARTLETT

has knowingly and willfully violated Paragraph 22 of the Consent Decree by

consistently failing to provide a nutritionally adequate diet to class members. The

Court further finds, by clear and convincing evidence, that Sheriff Greg Bartlett has

converted to his personal use and benefit state and federal funds allocated for the

feeding of class members.

The Court further finds by clear and convincing evidence that the Defendants

GREG BARTLETT and the members of the MORGAN COUNTY COMMISSION

have knowingly and wilfully violated Paragraph 33 of the Consent Decree by failing

Case 5:01-cv-00851-UWC Document 89 Filed 01/07/09 Page 2 of 2
to make available to class members the law books specifically required by that provision.
The United States Marshal is hereby DIRECTED to forthwith take the aforesaid GREG BARTLETT into custody, and to hold him until such time as he purges himself of contempt. The Court will forthwith entertain any proposals as may be submitted by him to purge himself of the contempt.
The Sheriff and the Morgan County Commission have taken appropriate measures to bring themselves into compliance with Paragraph 33 of the Consent Decree. Thus, there is no need for sanctions.
______________________________ U.W. Clemon
United States District Judge
Page 2 of 2

 
 Case 5:01-cv-00851-UWC Document 104 Filed 01/27/09 Page 1 of 3

FILED
2009 Jan-27 PM 04:38 U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA
NORTHEASTERN DIVISION

JOHNNY MAYNOR, ANTHONY MURPHREE, et al., on behalf of themselves and all others similarly situated,
Plaintiffs,
vs.
MORGAN COUNTY, ALABAMA and MORGAN COUNTY SHERIFF GREG BARTLETT,
Defendants.

) ) ) ) ) ) Civil Action Number ) 5:01-cv-0851-UWC ) ) ) ) ) )

ORDER GRANTING MOTION FOR MODIFICATION AND CLARIFICATION OF CONSENT DECREE

In consideration of the changed circumstance that federal detainees and inmates

are now housed in the Morgan County Jail, Plaintiffs’ Motion for Modification of the

Consent Decree, Doc. 102, is hereby GRANTED.

Paragraph 33 of the Consent Decree, Doc. 45, is hereby AMENDED to include

the following provisions:

a. To the extent that federal inmates and detainees are held in the custody of the Morgan County Jail, the County Defendants shall provide such inmates and detainees with access to the following federal legal materials:
1) the United States Federal Sentencing Guidelines, 2) Federal Criminal Code & Rules (West Group); 3) Title 28 of the Code of Federal Regulations; 4) Complete Manual of Criminal Forms (West Group); and 5) Legal Research in a Nutshell (West Group).

Case 5:01-cv-00851-UWC Document 104 Filed 01/27/09 Page 2 of 3
The County Defendants shall obtain new editions of the foregoing publications
at least every three years if, in the intervening period, new editions have been
published.
Plaintiffs’ Motion for Clarification of the Consent Decree is hereby
GRANTED. Paragraph 22 of the Consent Decree is hereby AMENDED to include
the following provisions:
a. i) The Sheriff of Morgan County shall immediately establish and implement a procedure whereby all funds provided by any source for the feeding of inmates, including funds from the State of Alabama, any municipality, and the federal government, will be used exclusively for the feeding of said inmates incarcerated in the Morgan County Detention Facility. For any year in which there is a shortfall in funds to provide meals for inmates in the County Jail, the Sheriff will not be responsible for the shortfall in funds.1
ii) Fresh fruit, fresh milk, vegetables, and whole grains will be a regular part of the monthly menu.
iii) Daily meals will be based on the USDA’s Food Guide Pyramid. Precise adherence is not required, but indicators of conformance to the guidelines and of providing “nutritionally adequate” means include a variety of foods from all food groups and subgroups; a significant increase in fruits, vegetables, whole grains, and low-fat milk; and the replacement of processed meats with lean meats, poultry, and eggs.
iv) Condiments, including salt, pepper, sugar, mustard, and ketchup, when appropriate, will be regularly provided with each meal.
v) The current nutritionist will be terminated, and a nutritionist acceptable to class counsel shall be employed. The contract of the nutritionist will be reviewed and jointly approved by the Sheriff and class counsel on an
1The Court makes no determination of whether the Morgan County Commission will be liable for any such shortfall. The issue, should it arise, will be determined when it arises.
Page 2 of 3

Case 5:01-cv-00851-UWC Document 104 Filed 01/27/09 Page 3 of 3
annual basis. vi) All monthly menus will be posted in conspicuous places within the
jail facility so that they may be monitored by the inmate population. vii) Class counsel will conduct quarterly, unannounced inspections of
the County Jail facility and financial records regarding all funds received and expended by the Sheriff for the purpose of providing meals to the inmates of the County Jail. Class counsel will be compensated by the County Defendants for such monitoring activities. To the extent that the provisions of any prior Order of this Court are inconsistent with this Order, the latter shall prevail. Done the 27th day of January, 2009.
______________________________ U.W. Clemon
United States District Judge
Page 3 of 3

 
 Case 5:01-cv-00851-UWC Document 111 Filed 12/07/09 Page 1 of 9

FILED
2009 Dec-07 PM 04:07 U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTII CIRC iUIT

FILED

U.S. COURT OF APPEALS

ELEVENTH CIRCUIT

No. 09-10703
t! v· ol- 60/·llt:Je--

DEC 0 2 2009

D. C. Docket No. 01-00851-C' 7 UWC 'v

THOMCALSEKR.KKAHN

JOHNNY MAYNOR, et al., on behalfof themselves and all others similarly situated,

Plaintiffs-Appellees,

versus

MORGAN COUNTY, AL, et al.,

MYRA YATES, et al.,
BOB RILEY, et al., Governor of Alabama,

Defendants-Cross-Claimants-Appellees, Defendants-Cross-Claimants,
Defendants-Cross-Defendants,

GREG BARTLETT, SheriffofMorgan County,

Defendant-Cross~Claimant- Appellant.

Case 5:01-cv-00851-UWC Document 111 Filed 12/07/09 Page 2 of 9
Appeal from the United States District Court for the Northern District of Alabama
Before DUBINA, Chief Judge, BIRCH and SILER*, Circuit Judges. PER CURIAM:
Sheriff Greg Bartlett seeks review ofthe district court's modification of a consent decree. He argues that the consent decree, as modified, may impose upon him personal liability for feeding prisoners at Morgan County Jail. We DISMISS.
I. BACKGROUND In 2001, Johnny Maynor and others ("Plaintiffs") confined at the Morgan County Jail ("the Jail") filed a class action against Morgan County, the Morgan County Sheriff (then Steve Crabb), and the Morgan County Commission, among others ("County Defendants"). Plaintiffs alleged that they were subjected to inhumane treatment at the jail, in violation oftheir constitutional rights. Specifically, they alleged that the jail was grossly overcrowded and unsanitary and that they were denied exercise, adequate food, and medical care. In September
• Honorable Eugene E. Siler, Jr., United States Circuit Judge for the Sixth Circuit, sitting by designation.
2

..

Case 5:01-cv-00851-UWC Document 111 Filed 12/07/09 Page 3 of 9

2001, the district court entered a consent decree between Plaintiffs and County Defendants. Paragraph 22 provided that County Defendants "shall provide a nutritionally adequate diet to inmates," approved by a registered dietician, and that food "shall not be withheld, reduced, or altered as a form of.punishment." R45 at · 9.
On 7 January 2009, the district court entered a contempt order against Morgan County Sheriff Greg Bartlett, directing that he be taken into custody. The court found that Sheriff Bartlett had violated the consent decree by consistently failing to provide an adequate diet to class members and had diverted to himself state and federal funds allocated for feeding class members. Under Alabama law, the Sheriffreceives funds for inmates' food, is entitled to any surplus, and is liable for any shortfall. See Ala. Code 1975 § 36-22-17..
On 8 January 2009, the court ordered that Sheriff Bartlett be released from custody on the grounds that his representations to the court had sufficed to purge him of contempt. The Plaintiffs moved to modify the consent decree to include a provision that would: (1) direct the Sheriff to ensure that all funds allocated for feeding inmates be used only for that purpose; and (2) make the Morgan County Commission ("the Commission") -not the Sheriff- responsible for a shortfall in

3

Case 5:01-cv-00851-UWC Document 111 Filed 12/07/09 Page 4 of 9
funds, should one occur. The Morgan County Commission objected to the second point in the moved-for provision.
On 9 January 2009, the court granted the Plaintiffs' motion to modify the consent decree. As to the Commission's objection, the court said that "the Sheriff is not empowered to obligate the County commission to assume any additional obligations" but that a shortfall was so unlikely that it did not need to reach the merits of the objection. R94 at3-4. The court added that a declaration that "Sheriff Bartlett shall not be personally liable in the most unlikely event of a shortfall" was sufficient. Id. at 4. The court then corrected this order so that the "County Commission," rather than "Sheriff Bartlett," would not be required to assume liabilty for any shortfall in the funding of food for inmates. R96 at 5.
The court issued another order on 27 January 2009. It granted the Plaintiffs' motion to modify the consent decree so that it read, in part: "For any year in which there is a shortfall in funds to provide meals for inmates in the County Jail, the Sheriff will not be responsible for the shortfall in funds." R104 at 2. At the end ofthis sentence was a footnote: "The Court makes no determination of whether the Morgan County Commission will be liable for any such shortfall. The issue, should it arise, will be determined when it arises." Id. at 2, n.l.
4

'•

Case 5:01-cv-00851-UWC Document 111 Filed 12/07/09 Page 5 of 9

The Sheriff appeals, arguing that this footnote from the 27 January order modifies the legal relationship between him and the other parties to the consent decree and creates the possibility that he will be held liable for a shortfall, even though he does not have corresponding access to surplusage. He argues that the court abused its discretion in modifying the consent decree in this manner and seeks remand for further modification.
The Plaintiffs move to dismiss the appeal on the grounds that the district court's order is not a final judgment ripe for review under 28 U.S.C. § 1291. The County Defendants move to dismiss the appeal under 28 U.S.C. § 1292(a)(1), on the grounds that the Sheriff cannot show that immediate appellate review is necessary to avoid serious and irreparable harm. Both parties' motions to dismiss are carried with the case.
II. DISCUSSION A. Jurisdiction Under § 1291
Normally, appellate jurisdiction is limited to final judgments. 28 U.S.C. § 1291. We have defined a final judgment as one that "ends the litigation on the merits and leaves nothing for the court to do but execute the judgment." Pitney Bowes. Inc. v. Mestre, 701 F.2d 1365, 1368 (11th Cir. 1983) (quotation marks and citation omitted). The district court contemplates at least the possibility of future
5

Case 5:01-cv-00851-UWC Document 111 Filed 12/07/09 Page 6 of 9
proceedings to resolve whether the Commission is responsible for a future shortfall. Though the district court stated that a shortfall is unlikely, it cannot be said that the order finally resolved all issues. There is more left for the district court to do than merely to execute the judgment - it left the determination of liability for a shortfall open to itself. Accordingly, the 27 January 2009 order granting the motion to modify the consent decree is not a final order under § 1291. B. Jurisdiction Under§ 1292(a)(1)
Trial court rulings other than final judgments are interlocutory and may be appealable under § 1292. Sheriff Bartlett claims jurisdiction under § 1292(a)(1), which covers interlocutory orders "granting, continuing, modifying, refusing or dissolving injunctions, or refusing to dissolve or modify injunctions." Appeals invoking jurisdiction under§ 1292(a)(l) must meet two requirements. First, the relief sought must be an injunction or have the practical effect of an injunction. United States v. City ofHialeah, 140 F.3d 968,973 (11th Cir. 1998). Second, the appellant must show that the order appealed '"might have a serious, perhaps irreparable, consequence, and that the order can be effectually challenged only by immediate appeal."' Id. (quoting Carson v. American Brands, 450 U.S. 79, 84; lIS. Ct. 993, 997 (1981)).
6

Case 5:01-cv-00851-UWC Document 111 Filed 12/07/09 Page 7 of 9
We first inquire whether the order appealed from falls within the language of§ 1292(a)(l). The footnote of the 27 January order can be read, if not as a modification of the consent decree, then as a refusal to modify the consent decree to make the Commission responsible for any shortfall. It fits the statutory language because the court was "refusing to dissolve or modify [an] injunctionO." § 1292(a)(l); see Jacksonville Branch. NAACP v. Duval County Sch. Bd., 978 F.2d 1574, 1578 (11th Cir. 1992) ("For the purposes of modification, consent decrees are ... treated as judicial acts, akin to injunctions."). Insofar as the court was "refusing to modify [an] injunction," the 27 January order falls within § 1292(a)(l)'s definition of an immediately appealable order. Id.
To establish jurisdiction, Sheriff Bartlett must meet the Hialeah test. He can meet the first of the Hialeah requirements. What he seeks is an injunction or something with the practical effect of one. Specifically, he wants to remand so that the court can clarify in another order that he will not be held liable for a shortfall. That modification would have the legal effect of an injunction. Id.
Bartlett must also show that the order appealed "might have a serious, perhaps irreparable, consequence, and that the order can be effectually challenged only by immediate appeal." Hialeah, 140 F.3d at 973 (quotation marks and citation omitted). He stresses that, under the modified consent decree, the Sheriff
7

Case 5:01-cv-00851-UWC Document 111 Filed 12/07/09 Page 8 of 9
is responsible for providing food that meets more stringent standards of nutrition and that, he implies, costs more. Because the consent.decree does not allow the Sheriff to retain surplus funds, he could not use same to satisfy his· obligation if a shortfall occurred. He also argues that, because Morgan County prisons rely in part on donated foodstuffs to feed prisoners, a shortfall could arise if donations decreased.
The district court's factual findings effectively parry Bartlett's efforts to demonstrate a harm imminent enough for Hialeah. First, the court found that the Sheriff "could double the food portions served to inmates ofthe Morgan County Jail without significantly increasing his food expenditures." R95 at 4, -,ri5. Second, it found that, if the Sheriff devoted all monies provided to him for feeding inmates, sufficient nutrition would in all likelihood result without the need for more funds. Thus, neither the Sheriffs need to meet the more stringent nutritional requirements nor the County's reliance on donated foodstuffs was found to make a shortfall sufficiently likely to arise. As such, the injury here is too speculative to meet the second prong of the Hialeah test. Accordingly, we do not have jurisdiction under§ 1292(a)(l).
8

. .

Case 5:01-cv-00851-UWC Document 111 Filed 12/07/09 Page 9 of 9

III. CONCLUSION SheriffBartlett appeals the district court's order modifying the consent decree, arguing that it may subject him to personal liability for the feeding of prisoners. Because the Sheriffs injury does not satisfy the second prong of the Hialeah test, we lack jurisdiction over the appeal under 28 U.S.C. § 1292(a)(l) and grant the County Defendants' motion to dismiss. DISMISSED.

9

 
 147 F.Supp.2d 1185 (2001)
Johnny MAYNOR, Anthony Murphree, Christopher Nichols, Yvette Barbee, Joseph Bowie, James Brown, Kelvin Cowan, McArthur Green, Kristy Leigh Griffin, Carrie Jackson,
Cleveland Owens, Willie Perry, Alnas Russell, Maurice Sears, Billy Ray Smith, and Michael Vaughn, on behalf of themselves and all others similarly situated, Plaintiffs v.
MORGAN COUNTY, ALABAMA, Steve Crabbe, Sheriff of Morgan County, and Myra Yates, Jail Administrator, in their official capacities; Larry Bennich, Jeff Clark, Don Stisher, Stacy George, and Fay Sparkman, in their official capacities as members of the Morgan County
Commission; Don Siegelman, Governor of the State of Alabama, and Mike Haley, Commissioner of the Alabama Department of Corrections, in their official capacities,
Defendants
No. CIV.A.01-0851-NE.
United States District Court, N.D. Alabama, Northeastern Division.
April 17, 2001.
Robert M. Shipman, Huntsville, AL, John A. Russell, III, Aliceville, AL, Stephen B. Bright, Tamara H. Serwer, Lisa Kung, Southern Center for Human Rights, Atlanta, GA, for plaintiffs.
PRELIMINARY FINDINGS OF FACT AND CONCLUSIONS OF LAW
CLEMON, Chief Judge.
1186 This case has been brought and certified as a class action by inmates of the Morgan *1186 County Jail. The Court has carefully considered the evidence adduced at the preliminary hearing of April 12, 2001, together (by agreement of the parties) with the evidence adduced at a similar hearing in the predecessor of this case, Maynor et al. v. Morgan County, Alabama, et al. (N.D.Ala.CV-01-C-0520). Based on the evidence, the Court makes the following preliminary Findings of Fact and Conclusions of Law.
I.
To say that the Morgan County Jail is overcrowded is an understatement. The sardine-can appearance of its cell units more nearly resemble the holding units of slave ships during the Middle Passage of the eighteenth century than anything in the twenty-first century.
Inmates in the Morgan County Jail are required to sleep on the concrete floor space under bunks, on the concrete floor space between bunks within cells0907sometimes within two feet of commodes or showers, on tables (on which meals are served) and between tables in the anterooms of the cell units. Sometimes, inmates are not provided with sleeping mats, blankets, or sheets.
The linen provided to inmates is not cleaned on a regular basis. When inmates send out their clothes for laundering, they must wait days or weeks (without clothes) until the laundry is returned.
The cell units are dirty and unkept. The Jail does not hire contract janitors, and the inmates are not provided with adequate cleaning supplies and equipment to clean the facilities themselves. The metal surfaces of the showers have in places been completely eroded by rust. Soiled clothes, papers, and other debris litter the floors.
The cell units are poorly ventilated. They are cold in the winter (the air-conditioning system runs on winter nights) and hot in the summer. The vents need cleaning.

Inmates unable to purchase towels, soap, and other items for personal hygiene are often not provided such items by Defendants.

Inmates are seldom (once or twice a month) allowed to leave their cells for exercise in the recreational area atop the jail.

The food is inadequate in amount and unsanitary in presentation.

The known medical needs of inmates go largely unattended: prescribed medications for serious illnesses are not made available for those inmates who cannot afford them; there is a dangerous delay between Defendants' awareness of the serious medical needs of inmates and the response, if any, to such needs. Defendants are largely indifferent to the needs of mentally ill inmates.

According to the State Fire Marshal, the Morgan County Jail is a fire hazard. Following a September 22, 2000, inspection of the Jail, he wrote:

The occupant load of the jail is 96 inmates. The jail is occupied by 221 inmates and is over crowded. 70 or more inmates are sleeping on the floor. Stacked beds are jammed against each other in some cells.

Building and fire code violations remain the same as reported in the original inspection in 1982. It appears that no attempt have been made to correct the building and fire code violations. There have been several fires in the jail, especially in the past year. Old fire damage was noted in several locations.....

The fire alarm, smoke detector and manual fire alarm systems are not working. Reportedly, the system has not been operating for some time.

1187

Several sections were so over crowded that a person had to step around inmates *1187 to get around in the day room and cells. This created a dangerous situation as to the safety of the officers and inmates if an emergency occurred.

....

This building is a hazard to both life and property. It is recommended that this jail be immediately brought up to present day fire and building code requirements or the occupants removed and entrances to the building secured, until the unsafe conditions and overcrowding are abated.

Plaintiffs' Exhibit ("PX") 24, p. 1-2, Fire Marshal's Report. Assuming the existence of an emergency evacuation procedure, the inmates have not been alerted to it.

II.

The Alabama State Department of Corrections ("DOC")'s consistent failure to remove "state [prison] ready" inmates from the Morgan County Jail has been the principal cause of the jail's overcrowding. Under Alabama law, when an inmate has been convicted and sentenced in a circuit court and the court reporter's transcript has been filed with the circuit clerk, the DOC should "thereupon" transfer the inmate from the county jail to a state prison. Ala.Code § 14-3-30 (1975). But because of alleged overcrowding in the state prisons, the DOC has defaulted in its statutory obligation to remove state ready inmates from the Morgan County Jail.
Alabama's largest county, Jefferson, had 156 state ready inmates as of April 9, 2001; its next three larger counties, Mobile, Madison, and Morgan had 65, 0, and 57 state ready inmates, respectively. As of the same date, there were 104 state ready inmates in the Morgan County Jail. Defendants' Exhibit ("DX") 15. Tuscaloosa, Shelby, Baldwin, and Calhoun are larger than Morgan County, but the number of state ready inmates in each of these counties is significantly less than Morgan County.

As of January 2001, the DOC had the capacity for housing 23,506 inmates in its various penal facilities. Also on that date, the average inmate population in the state penal facilities was 22,738. Thus, despite the DOC's constant refrain that its prisons are filled to the brim and overflowing, the fact is that it is operating at 96.7% of its capacity0907based on its own statistics. PX 17, p. 2. The Limestone facility 0907located in the adjacent county to Morgan0907has a capacity for 2,388 inmates. Yet as of three months ago, it had only 2,041 state inmates 090785.5% of its capacity. Id. All of the inmates incarcerated in state prisons sleep in bunks or beds; not a single one of them sleeps on the floor!

Defendant Commissioner Michael Haley, before assuming his present position, swore under oath:

I cannot agree ... that nothing more can be done in each State prison facility to increase available bed space. It is noteworthy that Warden Ron Jones admits that the multi-purpose building in his prison, Draper Correctional Center, could be converted to bed space for approximately 220 additional inmates... If that is true for Draper, one of the older prisons, I would think it would be true for most, if not all, of the more modern prisons and on a larger scale. Modern prisons are designed with large opens spaces such as multi-purpose rooms, day rooms, gymnasiums, chapels, law libraries, meeting rooms, and what is termed "program areas" -all areas not originally designed as inmate housing. This space could be converted to additional bed space for the alleviation of most, if not all, of the backlogged state inmates currently housed in County jails.

* * * * * *

1188

*1188 [S]everal counties have, on occasion and in times of over-capacity, used tents and trailers to house additional inmates and detainees. Further, this has been done without the addition of additional jail staff. Again, although this is not a preferable or desired alternative, it is what many counties have been forced to do in the face of over-crowding caused by State inmates. Such temporary facilities have passed Department of Corrections inspections and were therefore deemed reasonable by Department of Corrections officials. If the use of such temporary facilities is reasonable for use at the county level, they should be reasonable for use at the State level. Furthermore, State facilities, unlike most county jails, are surrounded by large open areas secured by perimeter fencing. These areas would be ideal locations for the use of such facilities.

* * * * * *

Overcrowding in county jails presents more of a threat than it does to State prisons because of classification problems. The State system has the luxury of being able to designate portions of facilities as being set aside for special programs, e.g., substance abuse programs, sexual offender programs. The State system also has the luxury of setting aside portions of their prison system to house prisoners with extreme medical needs or extreme psychological needs.

PX 16, pp. 3-5. Although the Commissioner's statements were made three years ago, he assured the Court in his testimony in this case that these statements are as true today as they were when they were made. The Court credits these statements.

The DOC pays nothing to Morgan County for its housing of state ready inmates who should be housed in state prisons. Morgan County is reimbursed by the Alabama State Comptroller the hefty sum of $1.75 per meal for the inmates fed in the Morgan County Jail. It costs the State of Alabama $26 daily to house a state prisoner. The DOC thus has a substantial financial incentive to leave its state prisoners on the barren concrete floors of the Morgan County Jail.

In sum, the Court is not convinced that there are insufficient beds in the state prisons to house the state ready inmates presently sleeping on the floors of the Morgan County Jail. It finds precisely to the contrary. Moreover, assuming arguendo a lack of capacity in the state prisons, as the Commissioner has forthrightly testified, the DOC is in a much better position than the Morgan County Defendants to arrange for temporary housing of the inmates for whom it bears legal responsibility.

Conclusion
The Court preliminarily concludes that Plaintiffs have carried their burden of showing that the conditions extant in the Morgan County Jail violate their rights to the minimal civilized measures of life's necessities and protection from a substantial risk of serious harm under the Eighth Amendment to the United States Constitution. Moreover, they have shown that Defendants have acted and failed to act with deliberate indifference to the uncivilized and hazardous conditions in the Morgan County Jail. Further, they have shown that Defendant Alabama State Department of Corrections, being primarily responsible for the overcrowding in the Morgan County Jail, has been deliberately indifferent to its capacity to correct that problem.
The preliminary injunctive relief to be ordered by this Court is narrowly tailored to remedy the established 1189 constitutional violations; and no less intrusive means is *1189 available to correct these serious constitutional
violations.
By separate order, the requested Preliminary Injunction will be granted.
PRELIMINARY INJUNCTION
Based on the accompanying Preliminary Findings of Fact and Conclusions of Law, and because Plaintiffs have shown that in the absence of preliminary injunctive relief, they will suffer irreparable harm by virtue of Defendants' ongoing serious violations of their federal constitutional rights, that the equities tilt in favor of the granting of a Preliminary Injunction, that Plaintiffs' class has shown a substantial likelihood of success on the merits of their constitutional claims, and that the public interest will not be disserved by the granting of a Preliminary Injunction, it is hereby ORDERED that on the posting of a bond or cash in the amount of Five and 00/100 Dollars ($5.00),
A. Defendants SHERIFF STEVE CRABBE, JAIL ADMINISTRATOR MYRA YATES, their agents, servants, managers, supervisors, employees, and those in active concert or participation with them who receive actual notice of this Order be and the same hereby are PRELIMINARILY ENJOINED from:
1. Failing to screen each incoming inmate for serious medical conditions (e.g., pregnancy, chronic kidney disease, heart problems, cancer, diabetes, hypertension, asthma, or other serious respiratory condition) and prescribed medications, and from making available to inmates proper dosages of their prescribed medications within twenty-four hours of the time that the inmates are booked into the Morgan County Jail. Where an inmate's medical condition requires testing of blood pressure, blood sugar, or other specialized testing, said Defendants shall provide such testing as required.
2. Failing to provide bunk beds, mattresses, sheets, and blankets to all inmates incarcerated in the Morgan County Jail after the state ready inmates shall have been removed from the Morgan County Jail pursuant to this Preliminary Injunction;
3. Failing to provide immediate diagnosis and appropriate treatment by a qualified mental health specialist of inmates who indicate suicidal tendencies or who otherwise appear to be suffering from a serious mental illness.
4. Failing to direct a thorough and safe cleaning and fumigation of the Morgan County Jail within fourteen (14) days of the date of this order and thereafter on a monthly basis pending further order of the Court. On a daily basis, designated inmates of the Morgan County Jail shall be provided with sufficient cleaning supplies and equipment to maintain the cleanliness of the Morgan County Jail.
5. Failing to provide each inmate of the Morgan County Jail with clean sheets, blankets, undergarments, prison clothes, soap, and toothpaste on a weekly basis.
6. Failing to cause the cleaning of the ventilation ducts and maintaining a temperature between 65-85 degrees in the cell blocks of the Morgan County Jail.

7. Failing to repair and thereafter maintain the fire alarm, smoke detector, and manual fire alarm systems in good working order.
8. Failing to maintain proper ventilation and lighting in the Morgan County Jail.
9. Failing to afford to each inmate not less than one hour per week of outdoor exercise, except during inclement weather or in emergency situations.
1190 B. Defendant COMMISSIONER MIKE HALEY of the ALABAMA DEPARTMENT OF CORRECTIONS, his *1190 agents, managers (including without limitation CECIL ATCHISON), supervisors, employees, and those in active concert or participation with him who receive actual notice of this Order be and the same hereby are PRELIMINARILY ENJOINED from:
1. Failing to present to the Court, not later than April 23, 2001, a plan for removing all state ready inmates from the Morgan County Jail not later than May 18, 2001.
2. Failing forthwith to transfer at least one state ready inmate from the Morgan County Jail to a state prison for each state ready inmate transferred to a state prison from any other county jail in the State of Alabama.
The requirements of this Preliminary Injunction are necessitated by Defendants' violations of the Eighth Amendments rights of the Plaintiff class; they are narrowly tailored to remedy those violations, and they are the least intrusive mans of remedying the constitutional violations.
Should it be deemed impossible in any wise for Defendants to comply with the requirements of this Preliminary Injunction, or should Plaintiff class require additional preliminary relief prior to the trial on the merits, they shall immediately petition this Court for such relief as to which they may be entitled.
The United States Marshal shall forthwith serve a copy of this Preliminary Injunction on Sheriff Steve Crabbe, Jail Administrator Myra Yates, Commissioner Mike Haley, and Transfer Director Cecil Atchison.
This Preliminary Injunction shall remain in effect pending further orders of this Court.
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 Case 5:01-cv-00851-UWC Document 75 Filed 05/23/06 Page 1 of 3

FILED
2006 May-23 AM 10:07 U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA NORTHEASTERN DIVISION

JOHNNY MAYNOR, et al., Plaintiffs,
v. MORGAN COUNTY, ALABAMA, et al.,
Defendants.

) ) ) ) ) CA NO. 5:01-CV-0851-UWC ) ) ) ) )

REPORT OF DEFENDANTS MORGAN COUNTY, JOHN GLASSCOCK, RICHARD LYONS, STACY GEORGE,
JEFF CLARK AND KEVIN MURPHY REGARDING ACTIVITIES OF TASK FORCE

Defendants Morgan County, Alabama and John Glasscock, Richard Lyons,

Stacy George, Jeff Clark and Kevin Murphy, respectively as the Chairman and

members of the Morgan County Commission, as directed by this Court’s order of

April 25, 2006, submit their report regarding the meetings, deliberations,

recommendations and other activities of the Task Force created by the County

defendants under § 3 of the Consent Decree in this case. The report consists of the

Affidavit of William E. Shinn, Jr., and the Exhibits thereto; the Affidavit of Myra

Yates and the Exhibit thereto; and the Affidavit of Carol Long and the Exhibit

thereto, which are filed contemporaneously herewith.

Case 5:01-cv-00851-UWC Document 75 Filed 05/23/06 Page 2 of 3
s/ George W. Royer, Jr. George W. Royer, Jr.
LANIER FORD SHAVER & PAYNE, P.C. P. O. Box 2087 Huntsville, Alabama 35804 Telephone: 256-535-1100
Attorneys for Morgan County, Alabama, John Glasscock, Richard Lyons, Stacy George, Jeff Clark and Kevin Murphy
CERTIFICATE OF SERVICE
I hereby certify that I have filed the foregoing upon the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following:
Melanie Velez, Esquire Lisa L. Kung, Esquire Stephen B. Bright, Esquire SOUTHERN CENTER FOR HUMAN RIGHTS 83 Poplar Street NW Atlanta, Georgia 30303-2122
Robert M. Shipman, Esquire ROBERT SHIPMAN, ATTORNEY AT LAW 220 Walker Avenue NE Huntsville, Alabama 35801
Albert S. Butler, Esquire Andrew W. Redd, Esquire ALABAMA DEPARTMENT OF CORRECTIONS LEGAL DIVISION P. O. Box 301501 Montgomery, Alabama 36130-1501
2

Case 5:01-cv-00851-UWC Document 75 Filed 05/23/06 Page 3 of 3
I hereby certify that I have served a copy of the foregoing by depositing a copy of the same in the United States mail, postage prepaid and properly addressed to his attorney of record to:
John A. Russell III, Esquire P. O. Box 333 Aliceville, Alabama 35442 Tamara H. Serwer, Esquire SOUTHERN CENTER FOR HUMAN RIGHTS 83 Poplar Street, N.W. Atlanta, Georgia 30303-2122 Robert E. Walker III #216478, BCCF Bullock County Correctional Facility P. O. Box 5107 Union Springs, Alabama 36089-5107 on this the 23d day of May, 2006.
s/ George W. Royer, Jr. George W. Royer, Jr.
3

Case 5:01-cv-00851-UWC Document 76 Filed 05/23/06 Page 1 of 26
IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA NORTHEASTERN DIVISION

FILED
2006 May-23 AM 10:10 U.S. DISTRICT COURT
N.D. OF ALABAMA

JOHNNY MAYNOR, et al., Plaintiffs,
v.
MORGAN COUNTY, ALABAMA, et al.,
Defendants.

) ) ) ) ) CA NO. 5:01-CV-0851-UWC
) ) ) ) )

AFFIDAVIT OF WILLIAM E. SHINN. JR. STATE OF ALABAMA)
) MORGAN COUNTY )
BEFORE ME, the undersigned notary public in and for said county in said state
personally appeared William E. Shinn, Jr., who is known to me and who, upon being first duly sworn by me, deposes and says as follows:
1. My name is William E. Shinn, Jr. and I am one of the attorneys for the Morgan County Defendants in the above-styled jail litigation. I make this affidavit for purposes of reporting to the Court on the activities of the Task Force which was created by Section 3 ofthe Consent Decree, entered in this case September 25, 2001, 1

1 A copy of Section 3 of the Consent Decree is attached as part of Exhibit 2.

Case 5:01-cv-00851-UWC Document 76 Filed 05/23/06 Page 2 of 26
as required by the Court's Order ofApril25, 2006. This affidavit, except as otherwise specifically indicated in paragraph 57, infra, is based on records which I kept in the ordinary course of my business as attorney for the Morgan County Defendants, including billing records and computer records of correspondence, and on my own imperfect memory, which I rely upon only to the extent that I can find records to support it.
2. The initial composition of the Task Force included Mr. Larry Bennich, who was then Chairman of the Morgan County Commission2; Honorable Steven E. Haddock, who was then the Presiding Circuit Judge for Morgan County; Honorable Robert L. Burrell, District Attorney for Morgan County; Stephen L. Crabbe, Sheriff of Morgan County;3 Wi11iam E. Shinn, Jr., County Attorney for Morgan County; Honorable Brent Burney, an attorney practicing in Decatur, Alabama, who regularly defends persons charged with criminal offenses in the Circuit Court of Morgan County, Alabama, and in surrounding counties; and Mr. Harry Williams, Chief Juvenile Probation Officer for Morgan County. Later, the Task Force was joined by Murray Millwee, ChiefProbation Officer for Morgan County. Dr. Richard Borie and
2 Chairman Bennich did not seek re-election and was succeeded by current Chairman John Y. Glasscock, who took office as Chairman, November 9, 2004.
3 Sheriff Crabbe died February 27, 2002, and was succeeded by Sheriff John C. McBride, who served until Sheriff Greg Bartlett took office in January 2003.
2

Case 5:01-cv-00851-UWC Document 76 Filed 05/23/06 Page 3 of 26
Ferrell Vest agreed to serve on the Task Force as community members (Exhibit 1). Dr. Borie is a former (now retired) technology manager with Monsanto Chemical Company who resides in Decatur, Alabama, where he has been active in civic affairs for many years. Mr. Vest resides in Hartselle, Alabama, where he has been active over the years in law enforcement and city government.
3. In the absence of anyone else who sought the position, I acted as organizer and facilitator of the Task Force. On September 25, 2001, I sent the members ofthe Task Force a copy of Section 3 ofthe Consent Order and advised them that I planned to have an organizational meeting of the Task Force in October, at which I contemplated the attendance of Joe Mahoney, who was then the president of the Alabama Association of Community Corrections (Exhibit 2).4
4. I made arrangements by telephone on October 1 and October 8, 2001, with Mr. Mahoney to come to Decatur on October 25, 2001, to meet with the Task Force. I confirmed that meeting by letter to Mr. Mahoney dated October 8, 2001 (Exhibit 3).
5. On October 9, 2001, I sent notice to the Task Force that the Task Force would have its organizational meeting October 25,2001, at which time Mr. Mahoney
4 Section 3 of the Consent Decree instructed the Task Force to "consult with the Alabama Association of Community Corrections."
3

Case 5:01-cv-00851-UWC Document 76 Filed 05/23/06 Page 4 of 26
would be present (Exhibit 4). 6. The Task Force had its organizational meeting October 25,2001, at which
time the Task Force met for approximately two hours and listened to Joe Mahoney, Sandra Allums, Ralph Hendrix and David Horn, each of whom, to one extent or another, was then engaged in community corrections activities in Mobile County, Jefferson County and Cullman County. Mr. Horn appeared as a representative ofthe Alabama Department of Corrections. Mr. Mahoney and his colleagues provided the Task Force a substantial volume ofwritten materials. Among the programs discussed, reviewed and considered by the Task Force at this meeting were work release, day reporting, community service, electronic monitoring, drug testing and drug treatment as adjuncts to drug court programs. Drug court programs in Jefferson, Mobile and Tuscaloosa Counties were recommended as successful methods of diverting drug offenders from the traditional criminal justice system, thereby promoting not only the rehabilitation of the offenders but also the reduction of the jail population. The Task Force was informed that, through community corrections programs, jail overcrowding can be and has been reduced through programs providing for pretrial supervision and misdemeanor probation. Our meeting and the results thereof were reported to Ms. Serwer and Ms. Kung by my letter dated October 29, 2001 (Exhibit 5).
7. Following the October 25, 2001, meeting, we learned of a successful 4

Case 5:01-cv-00851-UWC Document 76 Filed 05/23/06 Page 5 of 26
community corrections program in Madison County and my co-counsel, Mr. George W. Royer, Jr., obtained information concerning that program which he forwarded to me by letter dated January 7, 2002 (Exhibit 6).
8. By letter to the Task Force dated January 11,2002, I sent the Task Force information concerning the electronic monitoring program employed by the Madison County group and advised the Task Force that Mr. Jackie Wolfe, the director of the Madison County program, would meet with the Task Force at its next meeting, which I hoped would occur during the week of February 4 (Exhibit 7).
9. According to my date book for 2002, the Task Force next met on February 7, 2002, at which time the Task Force considered the information presented by Mr. Wolfe regarding the Madison County program. Significantly, we learned that the Madison County program is now financially self sustaining (having been funded in the early years by grants from the Madison County Commission) and is governed by a local board composed primarily ofpublic officials. Among other features of the program is a procedure or practice by which non-judicial employees are permitted to release on their personal recognizances pre-trial detainees who are deemed worthy of admission to one of the pre-trial services offered by the Madison County program, thereby reducing the jail population. Another successful method of reducing jail population utilized by Madison County is home detention supported by electronic
5

Case 5:01-cv-00851-UWC Document 76 Filed 05/23/06 Page 6 of 26
bracelets and devices and appropriate remote supervision and monitoring. At that meeting, the Task Force developed a consensus for the organization of a community corrections commission for Morgan County on essentially the same model employed in Madison County. The Madison County program was operated under a local act, Act No. 78-448, and I was given the task of examining the Madison County act and other potentially helpful local acts and preparing a draft of a local act for Morgan County.
10. During the early stages of the Task Force's study, the Alabama Legislature enacted Act No. 2002-422, which conferred on the Sheriff of Morgan County the authority to provide work release privileges to inmates housed in the Morgan County Jail and to retain twenty-five percent of the inmate's earnings. The Task Force, particularly after hearing of Madison County's success, was of the opinion that the work release concept could be expanded to apply not only to incarcerated felons, but to those pre-trial detainees who, due to lack of employment and appropriate supervision, would be incarcerated and unable to make bail. Thus, the Task Force sought to bring the entire work release program under the umbrella ofthe community corrections organization. Sheriff Crabbe and, after his death, acting Sheriff McBride, supported this concept, but, Sheriff Bartlett, who took office in January 2003, was of the opinion that the work release program should remain under the control of the Sheriff. The Task Force and Sheriff Bartlett eventually reached a
6

Case 5:01-cv-00851-UWC Document 76 Filed 05/23/06 Page 7 of 26
compromise on this issue. (See~ 33, Exhibit 40, infra.) 11. On February 15,2002, I sent to Chairman Larry Bennich what I styled "a
very rough draft" of a bill5 to establish a "Morgan County work release and pretrial program modeled after the program in Madison County and, to some extent, the program in Walker County." In my letter to Chairman Bennich (Exhibit 8), I compared and contrasted some of the provisions in the Madison County and Walker County acts with the draft I was submitting to him for review. At or about the same time, I was seeking to confirm the source of the authority for non-judicial employees ofthe Madison County program to authorize the release ofpretrial inmates. I had not been able to find that authorization in the Madison County act and asked Mr. Wolfe for guidance. Mr. Wolfe wrote me concerning his own research ofthat issue, February 19,2002, and I sent a copy ofthat letter to Mr. Bennich on February 20,2002 (Exhibit 9).
12. On February 22,2002, I wrote the Task Force and enclosed a draft of the proposed local act for the Task Force to review (Exhibit 10). I also informed the Task Force that I intended to have another meeting in March 2002 to review the proposed bill and to consider any changes that the Task Force might propose. By copy of that
5 In the interest of space, I am not attaching the 10-plus pages of drafts which were sent from time to time to the Task Force. They are available for review if necessary.
7

Case 5:01-cv-00851-UWC Document 76 Filed 05/23/06 Page 8 of 26
letter, I sent a copy of the proposed act to Decatur Municipal Judge, Billy Cook, for his review and comment. At that time, there was hope that the City of Decatur would participate in the program.
13. Sometime during mid-to-late February 2002, I reviewed an article concerning a community corrections program in Houston County. I spoke with the executive director who informed me generally how the Houston County program was operated. I forwarded this information to Chairman Bennich by letter dated February 28, 2002 (Exhibit 11 ).
14. Pursuant to written notice (Exhibit 11A)6 the next meeting of the Task Force was March 18, 2002, at which time the Task Force discussed the proposed legislation in depth and discovered several legal issues, which I later summarized for my file (Exhibit 12). I assigned several ofthe Task Force members the duty to review these issues and to be prepared to discuss them with the entire group at the next meeting.
15. On about March 21, 2002, I received an e-mail from Juvenile Probation Officer, Harry Williams, one of the Task Force members, raising some concern about the fees which we were contemplating charging for the community corrections
6 In this notice, I reminded the Task Force of its purpose and of my own intent to ask for a vote at the March 18 meeting on the proposed legislation.
8

Case 5:01-cv-00851-UWC Document 76 Filed 05/23/06 Page 9 of 26
programs. Mr. Williams' concerns had to do with some resistance he was encountering from the Examiners. I reviewed the legal issues and replied to Mr. Williams that I appreciated the issues and believed the fees would be legal, but that I would be interested in Judge Bibb's and Judge Breland's opinions (Exhibit 13). I do not recall how that issue was finally resolved, but I do not believe that it was or is a problem.
16. On April 11, 2002, I sent a notice to the Task Force members that we would meet again April 22, 2002, for purposes of once again reviewing the proposed local act and hearing the comments of those Task Force members who had been assigned to review and report on certain issues relating to the legislation (Exhibit 14).
17. Prior to our meeting ofApril 22, 2002, Circuit Judge Steven E. Haddock, a Task Force member, sent me a letter (with enclosures) dated April 17, 2002, in which he discussed certain changes he was recommending in order to conform the proposed legislation to certain provisions in the Alabama Rules ofCriminal Procedure and Criminal Code regarding pretrial release, revocation ofrelease and related matters (Exhibit 15).
18. The Task Force met April22, 2002, to give further consideration to the proposed local law. At the conclusion ofthat meeting, the Task Force was essentially in agreement with respect to the terms and provisions of the proposed local law, but
9

- - - - - - - · - · - - - · -----·--·-------------···-·----- ··--·--- --
Case 5:01-cv-00851-UWC Document 76 Filed 05/23/06 Page 10 of 26
decided that prior to recommending it to the Morgan County Commission for presentation to the local delegation of the Alabama Legislature, the proposed legislation should be submitted to the municipal judges and mayors of the municipalities in Morgan County for purposes ofsoliciting their input and views. This action was reported to Ms. Serwer and Ms. Kung by my letter of April 23, 2002 (Exhibit 16).
19. By multiple letters dated April30, 2002, I wrote the mayors and judges and forwarded to them a draft of the proposed legislation ("Revised Draft of 04/29/02"}, requesting that they review and submit any comments that they might have within 30 days so that they might be timely considered by the Task Force. A representative copy of those letters is attached at Exhibit 17. In response to the Task Force's request for comments, Municipal Judge Billy Cook requested permission to address the Task Force and to discuss certain provisions in the proposed local act.
20. On or about June 5, 2002, I received an invitation from Mr. Ralph Hendrix to attend a community corrections conference in July (Exhibit 18), to which
I replied on June 7, 2002, that I was unable to attend. I requested Mr. Hendrix to forward me the information concerning the conference and I would pass it along to the
other Task Force members to see if one of them might attend (Exhibit 19). Mr. Hendrix sent me the information and I passed it along to the other Task Force
10

Case 5:01-cv-00851-UWC Document 76 Filed 05/23/06 Page 11 of 26
members with my June 10, 2002, letter to them (Exhibit 20), by which I noticed another meeting for the Task Force for June 24, 2002, to once again consider the draft and to hear Judge Cook's comments.
21. The Task Force met again June 24, 2002, at which time Judge Cook and Herman Marks, Decatur City Attorney, met with the Task Force and expressed certain objections they had to the proposed legislation. According to my record of that meeting (June 25, 2002, memo, Exhibit 21), Judge Cook and Mr. Marks were concerned about issues relating to the distribution and sharing of work release payments and bond forfeitures. At the same time, a question arose as to whether the provisions of the proposed act relating to bond forfeitures were legal and Judge Haddock was assigned the responsibility for reviewing that and advising the Task Force further on the matter. At the same meeting, the Task Force agreed to rename the Commission and to set forth in a specific section a representative description of some of the programs that the Commission would engage in such as house arrest, alcohol and drug rehabilitation, etc. The City representatives also made known that if they decided to participate in the program, they would probably want more than one representative on the Commission.
22. After the meeting ofJune 24,2002, I informed Ms. Serwer and Ms. Kung, by letter dated June 26, 2002 (Exhibit 22), of the meeting and of the issues that still
11

Case 5:01-cv-00851-UWC Document 76 Filed 05/23/06 Page 12 of 26
remained to be worked out as a result of the meeting. At the same time, 1wrote Judge Haddock and once again requested that he review the legal issues concerning bond forfeitures that had been discussed at our June 24, 2002, meeting (Exhibit 23). I suggested to him that it might be better that Decatur simply not participate in our program. I had learned from Mr. Wolfe that Huntsville does not participate in the Madison County program and that the program works quite well without Huntsville's participation.
23. I next wrote the Task Force September 11, 2002, infonning them of a meeting to be held September 25, 2002 (Exhibit 24). I reminded them of our June 24, 2002, discussions concerning participation ofDecatur and that I was not aware ofany way to satisfy Decatur's objections. I informed the Task Force that I would like to finish the discussion ofthe matters referred to in the letter and obtain the Task Force's authority to make a recommendation to the Morgan County Commission regarding the proposed legislation. On September 19,2002, I wrote Ms. Serwer and Ms. Kung and informed them of the status of the Task Force activities as of that date (Exhibit 25).
24. At the meeting ofSeptember 25,2002, there were still additional changes and modifications to the proposed legislation. I once again revised the draft legislation and by letter dated September 26, 2002 (Exhibit 26), sent the revision to the Task Force members for further review and informed them that I anticipated
12

Case 5:01-cv-00851-UWC Document 76 Filed 05/23/06 Page 13 of 26
sending a copy of the proposed legislation to the Morgan County Commission some time near the middle or end of October. Again, I likewise informed Ms. Serwer and Ms. Kung of these developments and our plans by letter dated September 26, 2002 (Exhibit 27).
25. Following the letter of September 26, Judge Haddock suggested still further revisions to the legislation which I incorporated into a further draft which was sent to the Task Force for review by letter dated October 17, 2002 (Exhibit 28).
26. After sending the October 17, 2002, revised draft to the Task Force, I heard from Task Force member Dr. Richard Borie, by e-mail dated October 21, 2002 (Exhibit 29). Dr. Borie requested certain additional modifications which I made by way of a revised draft which was sent to the Task Force, October 30, 2002 (Exhibit 30).
27. Finally, by letter dated November 6, 2002 (Exhibit 31), and with the authorization of the Task Force, I communicated to the Morgan County Commission the recommendation of the Task Force that a community corrections and pre-trial release program be implemented in Morgan County, along the model ofthe Madison County program. I included in my mailing the draft ofthe proposed legislation which would create the separate Commission which would operate the community corrections and pre-trial release program in Morgan County. On behalf of the Task
13

Case 5:01-cv-00851-UWC Document 76 Filed 05/23/06 Page 14 of 26
Force, I recommended that the Morgan County Commission review the proposed legislation and that it recommend that the legislation be introduced for enactment in the next session ofthe Alabama legislature. Copies ofthat letter were sent to all Task Force members.
28. I next wrote Ms. Serwer and Ms. Kung, April 15, 2003 (Exhibit 32), in which I advised them that newly elected Sheriff Greg Bartlett, a member of the Task Force, did not agree with certain portions of the proposed legislation dealing with work release. On April 16, 2003, according to my memorandum (Exhibit 33), Sheriff Bartlett and I had a discussion with Mr. Wolfe, the director of the Madison County program, in an effort more fully to explain and to oJ;>tain Sheriff Bartlett's consent to the proposed legislation.
29. On April 23, 2003, Chairman Bennich asked me to review some community corrections materials that had been sent to him and Sheriff Bartlett (Exhibit 34). I wrote Chairman Bennich, April 30, 2003 (Exhibit 35), outlining my thoughts concerning those materials. On the bottom of that April 30, 2003, letter is a handwritten note, believed to have been placed there by SheriffBartlett, to the effect that he was not willing to start a community corrections program at that time since he already had a work release program in place.
30. Sheriff Bartlett's position complicated the implementation of the Task 14

Case 5:01-cv-00851-UWC Document 76 Filed 05/23/06 Page 15 of 26
Force's recommendations. Consequently, I wrote Chairman Bennich, May 16, 2003 (Exhibit 36), and advised him that it was necessary for the Task Force to meet again to consider whether there were any other alternatives that would command the approval of all members of the Task Force, including Sheriff Bartlett. I requested that a meeting be scheduled for either June 5 or June 12 to further consider these matters.
31. I sent the Task Force a notice May 20, 2003, that the Task Force would meet again on June 127 to consider the problems presented by Sheriff Bartlett's disagreement with the work release part of the legislation (Exhibit 37). According to my file memo, the Task Force members present at the June 16, 2003, meeting, including Sheriff Bartlett, decided to modify the legislation in such a way that would satisfy Sheriff Bartlett's concerns. I was given the task once again of rewriting the legislation so as to incorporate these provisions (Exhibit 38).
32. In this same time frame, there was apparently a revision of the Alabama Community Corrections Act(§ 15-18-170, et seq., Code ofAlabama, 1975) and I was requested by Chairman Bennich to review that legislation and to advise him whether our Morgan County program could be adequately conducted under that general state law, as revised. I advised Chairman Bennich and Judge Haddock of my findings by letter dated June 20, 2003 (Exhibit 39). Among other problems I saw with the state
7 According to my records, this meeting actually occurred June 16, 2003. 15

Case 5:01-cv-00851-UWC Document 76 Filed 05/23/06 Page 16 of 26
law is that it applies only to convicted felons and not to pretrial detainees. Our Task Force, as I understood it, was interested in a program that applies to pretrial detainees as well as convicted felons.
33. By letter dated June 23, 2003 (Exhibit 40), I forwarded to Chairman Bennich and Judge Haddock the 6/20/03 revision of the Morgan County legislation and outlined to them the changes I had made to accommodate Sheriff Bartlett's objections. Essentially, the work release program would stay with the Sheriff for any inmates who were subject to confinement in the Morgan County Jail for any portion of a day or week. I suggested that once I had Chairman Bennich's and Judge Haddock's input, I would send a copy to Sheriff Bartlett for his review.
34. My record is silent on what became of the legislation after my June 23, 2003, letter to Chairman Bennich and Judge Haddock, but I next reviewed the matter on February 23, 2004, at which time I also had a telephone conversation with Judge Haddock. I apparently met with Chairman Bennich and Judge Haddock February 25, 2004, after which Judge Haddock advised me by letter of certain additional revisions he believed to be necessary (Exhibit 41). On the same day, I wrote SheriffBartlett. I reminded him of the concerns that he had expressed concerning the work release features ofthe legislation and advised him that the Task Force had made some changes in the legislation to overcome his objections. I enclosed revised draft 02/25/04 for
16

Case 5:01-cv-00851-UWC Document 76 Filed 05/23/06 Page 17 of 26
Sheriff Bartlett's review, requesting that he review it quickly so that I might have it considered by the Morgan County Commission at its March 8, 2004, meeting (Exhibit 42).
35. I wrote Judge Haddock February 26, 2004, acknowledging his letter of February 25, 2004, and suggesting that he and I might spend some additional time with the Sheriffin an effort to persuade the Sheriffto endorse the proposed legislation (Exhibit 43). On March 4, 2004, Judge Haddock and I met with Sheriff Bartlett and secured his consent to the legislation. By letter to the Morgan County Commission, March 4, 2004 (Exhibit 44), I sent the Commission revised draft 03/08/04 with another request that it be endorsed by the Morgan County Commission and forwarded to the local delegation for introduction in the then current session of the legislature.
36. The Task Force recommendation was adopted by the Morgan County Commission at its March 8, 2004, meeting. A certified copy of the County Commission's resolution of March 8, 2004, is attached at Exhibit 45).
37. By letter dated March 9, 2004, I forwarded to the County Commission for publication the notice of intent of the local delegation to introduce the proposed legislation in the then current session of the legislature (Exhibit 46).
38. The Legislative Reference Service, by letter dated April 7, 2004, to representative Ron Grantland (Exhibit 47), raised some constitutional concerns about
17

Case 5:01-cv-00851-UWC Document 76 Filed 05/23/06 Page 18 of 26
the proposed legislation and those concerns were forwarded to me for review. 39. On April12, 2004, I wrote Mr. Jerry Bassett, Director of the Legislative
Reference Service, expressing my views that the proposed legislation was constitutional (Exhibit 48).
40. On May 20, 2004, I advised Chairman Bennich that the proposed legislation had apparently become law as Act No. 2004-544, without the Governor's signature. I advised him that the appointments from Decatur and Hartselle needed to be made and that the Commission needed to have an organizational meeting as soon as possible to discuss funding and the employment of a staff (Exhibit 49).
41. Act No. 2004-544 ("the Act") (Exhibit 50), the local act which was recommended by the Task Force, provides in detail the structure for a community corrections program in Morgan County and creates a separate entity known as the Morgan County Community Corrections and Court Services Commission ("the Commission") to establish, operate and supervise the execution of that program. In Section 1O(h) of the Act, it is provided:
"(h) The Commission is authorized to establish, operate, fund (and to set administrative fees to fund) alternative sentencing programs, educational programs, intervention programs and treatment programs such as pretrial release programs, supervised electronic detention programs, domestic violence offender programs, court referral programs, driver safety programs, and other programs to
18

Case 5:01-cv-00851-UWC Document 76 Filed 05/23/06 Page 19 of 26
serve the courts of the Eighth Judicial Circuit. ..." 42. Section 10(a) ofthe Act establishes the Commission and provides that it shall be composed of 10 persons, "including the following: the Chairman of the Morgan County Commission; the Sheriff of Morgan County; the District Attorney of the Eighth Judicial Circuit; a Circuit Judge from the Eighth Judicial Circuit to be appointed by the presiding judge of said circuit; a judge of the District Court of Morgan County to be appointed by the Presiding District Judge in Morgan County; a person appointed by the City Council of the City of Decatur; a person appointed by the City Council of the City of Hartselle; the officer in charge of the Alabama Probation and Parole Office in Morgan County; the Circuit Court Clerk of Morgan County; and one of the judges of the following municipalities which have municipal courts, each ofwhom shall serve on a rotating basis for one fiscal year in the following order: Eva, Falkville, Priceville, Somerville and Trinity." 43. On June 16, 2004, I once again wrote Chairman Bennich suggesting that the Commission be organized, funded and placed in operation as soon as possible (Exhibit 51). 44. On July 6, 2004, I reported to Ms. Kung concerning the enactment ofAct No. 2004-544 and that I would be meeting July 14 with some of the members to discuss the organizational details (Exhibit 52).
19

Case 5:01-cv-00851-UWC Document 76 Filed 05/23/06 Page 20 of 26
45. According to my time records, I did meet with Chairman Bennich and perhaps others, July 14, 2004, concerning the Commission. I infer from my records that all of the membership of the Commission had not been appointed or identified as ofthat date. My file shows that I prepared letters for Chairman Bennich to send to the Presiding Circuit and District Court Judges and to the mayors of Decatur and Hartselle, informing those officials of the creation ofthe Commission and requesting that each take appropriate action to appoint his or its representative to the Commission. I attach as Exhibit 53 a representative copy ofone ofthose letters. Each letter requested the addressee to make his or its appointment no later than September 14, 2004.
46. My file contains a letter from Presiding Circuit Judge Sherrie W. Paler to Mr. Bennich dated August 2, 2004, by which Judge Paler designated Judge Steven E. Haddock as a member of the Commission (Exhibit 54).
47. I wrote Chairman Bennich August 23, 2004, reminding him that the Morgan County Commission needed to seriously consider funding the Community Corrections Commission and expressing my opinion that, without adequate financial assistance, the program would not "get off the ground" (Exhibit 55).
48. Chairman Bennich went out of office in November 2004, and the Commission was not funded in the budget for the fiscal year October 1, 2004 -
20

Case 5:01-cv-00851-UWC Document 76 Filed 05/23/06 Page 21 of 26
September 30, 2005. 49. I wrote new Chairman John Y. Glasscock, January 17,2005, and advised
him of the creation ofthe Commission and the need to fund it. I enclosed a portion of an August 18, 2004, letter from the Southern Center for Human Rights in which several potential sources of funding were mentioned (Exhibit 56).
50. During the latter part of October 2005 or early November 2005, Mr. Glasscock, Sheriff Bartlett and I discussed potential sources for funding the Commission. There was disagreement as to whether the Jail Reserve Fund or the Law Enforcement Fund created by Act No. 95-423 could be used for this purpose. After reviewing the issue, I wrote Chairman Glasscock November 2, 2005, expressing my opinion as to whether these potential sources could be used to fund the Commission (Exhibit 57).
51. I recall that Chairman Glasscock scheduled a meeting ofthe Commission for November 28, 2005. Upon discovery, however, that the notice of the meeting did not comply with the newly enacted Open Meetings Law of Alabama, I advised the Chairman to reschedule the meeting and to give appropriate notice to the members, media and the public. Nevertheless, Mr. Glasscock, Judge Haddock and I met November 28, 2005, with David Horn, who is currently the executive director of the Shelby County Community Corrections. Mr. Horn informed us ofthe programs ofthe
21

Case 5:01-cv-00851-UWC Document 76 Filed 05/23/06 Page 22 of 26
Shelby County Community Corrections Group and left a substantial volume ofwritten materials relating to the same. We made arrangements for Mr. Horn and Judge Joiner to return at a later meeting to discuss the Shelby County Drug Court and other Shelby County programs.
52. The Commission met December 19,2005. At that meeting, Judge Joiner and Mr. Horn from Shelby County appeared and advised the Commission ofthe drug court and other corrections programs that are carried on by the Shelby County Community Corrections Commission. It was estimated that funding ofapproximately $100,000.00 would be required to start the Morgan County program and several potential funding sources, including the Department of Corrections, were discussed (Exhibits 57A and 58).
53. The Commission next met February 24, 2006. At that meeting, Mr. Jeffrey Williams of the Alabama Department of Corrections explained the funding available through the Department of Corrections and, generally, the methods and procedures by which applications might be filed for DOC grants. The Chairman announced that, in all likelihood, the Morgan County Commission would immediately make available to the Commission up to $50,000.00 of seed money for the current fiscal year which should enable the Commission to employ an executive director. It was the consensus of the Commission that employment of an executive director was
22

Case 5:01-cv-00851-UWC Document 76 Filed 05/23/06 Page 23 of 26
the first step to beginning the community corrections programs for Morgan County. The Chairman appointed a committee consisting of the elected officials who are members of the Commission and the County Attorney to develop and recommend to the Commission a job description for executive director. It was estimated that the Committee could complete its work by the end of March and that the job description could be submitted to the Commission for its action in April 2006.
54. At its February 28, 2006, meeting, the Morgan County Commission authorized a $50,000.00 contribution for the current fiscal year to the Commission from the County's Road and Bridge Fund (Exhibit 59).
55. Utilizing job descriptions from several counties, but principally Montgomery County, I prepared a draft of a job description for the Morgan County executive director. On March 8, 2006, I forwarded the draft to the Chairman with a request that a Committee meeting be arranged for the week of March 27 to consider the job description (see Exhibit 60). A meeting of the Committee was held March 31, 2006, at which the job description was approved and sent to the Commission for approval (Exhibit 61 ). The Commission met April12, 2006, at which time it approved the job description for the executive director and adjourned its meeting until April17, 2006 (Exhibit 62). On April 17, 2006, the Commission approved a salary range for the executive director and requested the Human Resources Director for Morgan
23

Case 5:01-cv-00851-UWC Document 76 Filed 05/23/06 Page 24 of 26
County to advertise and solicit applications for the position, indicating that it expected to hire an executive director by the middle or latter part of May 2006 (Exhibit 63). Those applications are still being considered as of the date of this affidavit and it is anticipated that the Commission will select an executive director at a meeting scheduled for May 25, 2006.
56. The Court's April 25, 2006, Order requires an accounting which "shall include a complete listing of the Task Force members, with appropriate identifying information, and meetings, with applicable attendance." The TaskForce members and their identifying information are listed in paragraph 2 of this affidavit. Paragraphs 6, 9, 14, 18, 21, 24, and 31 and the exhibits referred to in such paragraphs, describe the meetings of the Task Force. Unfortunately, a search of my records and those of the Morgan County Commission disclose that we kept no attendance records. It is my recollection that the meetings of the Task Force were well attended.
57. There has been no meeting of the Task Force, as such, since its meeting of June 16, 2003, at which time the Task Force considered additional modifications to the proposed local legislation to satisfy Sheriff Bartlett's objections. See ,-r 31, supra. Many, but not all, ofthe Task Force members are members ofthe Commission. The Task force did what Section 3 of the Consent Decree ordered it to do. It "identif[ied] and review[ed] alternative programs and methods for reducing the Jail
24

Case 5:01-cv-00851-UWC Document 76 Filed 05/23/06 Page 25 of 26
population and [it made] recommendations regarding the implementation of such programs and methods." It was not only diligent, but, I submit, thorough in investigating and exploring alternative methods for reducing the Jail population. Specifically, it considered the creation of a Community Corrections and Punishment Program, as provided for in§ 15-18-170, et seq., Code of Alabama, 1975. See~ 32 supra; Exhibit 39. It considered and expanded the work release program then authorized by Act No. 2002-422 (see~~ 10, 11, and 41, supra; Exhibit 50,§§ 1 and 4). It considered and drafted legislation authorizing the release of inmates on their personal recognizances and other means, such as home detention and electronic monitoring for securing the attendance of pre-trial detainees. (see~~ 6, 8, 9 and 10, and Exhibit 50, Section 10(h)). SheriffBartlett, a member ofthe Task Force, to reduce the jail population, diverted Morgan County inmates to other facilities, beginning August 2003 at a cost of$603,000.00 to Morgan County (see affidavits ofMyra Yates and Carol Long, dated May 18, 2006, and May 16, 2006, respectively). The Task Force consulted the Alabama Association of Community Corrections (see ~~ 3-6 supra), and, communicated regularly with plaintiffs' counsel regarding local efforts by the Task Force and others to prevent overcrowding at the Jail. See~~ 6, 18, 22, 23, 24, 28 & 44, supra; Exhibits 5, 16, 22, 25, 27, 32 & 52. Once the Task Force made its recommendation to the Morgan County Commission, as modified by its decisions
25

Case 5:01-cv-00851-UWC Document 76 Filed 05/23/06 Page 26 of 26
ofJune 16,2003, concerning SheriffBartlett's objections, the Task Force's work was essentially done. As a representative of the Task Force, I continued to communicate with Task Force members (including principally, Judge Haddock) to make the required modifications to the proposed legislation and to move forward the Task Force's recommendation that the Community Corrections Program in Morgan County be established by way ofthe structure proposed by what ultimately became Act No. 2004544.
SWORN TO AND SUBSCRIBED BEFORE ME this 13'7f.. day of May, 2006.
/!1LL >~~M£ otary Public
CERTIFICATE OF RETENTION As the filer of this document, I hereby certify that I currently hold the original signature document which has been duly executed and notarized. I further certify that I shall retain the hard copy of this document containing the original signature for one year after exhaustion of the time to appeal final resolution of this action or issuance of a mandate from the Court of Appeals.
George W. Royer, Jr. 26

Case 5:01-cv-00851-UWC Document 77 Filed 05/23/06 Page 1 of 44

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA NORTHEASTERN DIVISION

JOHNNY MAYNOR, et al., Plaintiffs,
v. MORGAN COUNTY, ALABAMA, et al.,
Defendants.

) ) ) ) ) CA NO. 5:01-CV-0851-UWC ) ) ) ) )

FILED
2006 May-23 AM 10:19 U.S. DISTRICT COURT
N.D. OF ALABAMA

AFFIDAVIT OF MYRA YATES BEFORE ME, the undersigned notary public in and for said county in said state personally appeared Myra Yates who is known to me and who, upon being first duly sworn by me, deposes and says as follows: 1. My name is Myra Yates and I have personal knowledge of the facts stated in this affidavit. I am an employee of the Morgan County Sheriff and have been for many years. One of my duties has been that of Compliance Officer with primary responsibility for monitoring and compliance with the Consent Decree in the above- styled case. As such, I have in my custody or control, or I have access to, the records maintained in the ordinary course ofbusiness by the Morgan County Sheriff. 2. One ofmy duties as Compliance Officer is to monitor the population in the Morgan County Jail. I know that at times when the jail population increased to

Case 5:01-cv-00851-UWC Document 77 Filed 05/23/06 Page 2 of 44
the extent that overcrowding was threatened, the Sheriffbegan moving some inmates to other jail facilities. This practice began in August 2003 and continues to this date. During that period of time, inmates have been housed in the Clay County Jail, the Lawrence County Jail, the Cullman County Jail, the Hartselle City Jail and the Decatur City Jail. Using records maintained in the ordinary course ofbusiness by the Morgan County Sheriff, a chart has been compiled showing the dates beginning August 2003 and continuing to this date when Morgan County inmates were actually housed in other jail facilities, showing the number of prisoners in each facility by date. Said chart is attached hereto as Exhibit A and made a part of this affidavit by reference.
FURTHER AFFIANT SAYETH NOT.
STATE OF ALABAMA) )
MORGAN COUNTY )
SWORN TO AND SUBSCRIBED BEFORE ME this jJ__ day of May, 2006.
C. Aa.\Q~ ,.;c::x Lz1L-'rc·~
Notary PubliC' I
My commission expires: bl- \- ~uo <1
2

Case 5:01-cv-00851-UWC Document 77 Filed 05/23/06 Page 3 of 44

CERTIFICATE OF RETENTION

As the filer ofthis document, I hereby certify that I currently hold the original

signature document which has been duly executed and notarized. I further certify that

I shall retain the hard copy ofthis document containing the original signature for one

( 2 _ year after exhaustion of the time to appeal final resolution of this action or issuance

of a mandate from the Court of Appeal.

~

George W. Royer, Jr.

3

Case 5:01-cv-00851-UWC Document 78 Filed 05/23/06 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA NORTHEASTERN DIVISION

FILED
2006 May-23 AM 10:22 U.S. DISTRICT COURT
N.D. OF ALABAMA

JOHNNY MAYNOR, et al., Plaintiffs,
v. MORGAN COUNTY, ALABAMA, et al.,
Defendants.

) ) ) ) ) CA NO. 5:01-CV-0851-UWC
) ) ) ) )

AFFIDAVIT OF CAROL LONG STATEOFALABAMA )
) MORGAN COUNTY )
BEFORE ME, the undersigned notary public in and for said county in said state personally appeared Carol Long who is known to me and who, upon being first duly sworn by me, deposes and says as follows:
1. My name is Carol Long and I have personal knowledge ofthe facts stated in this affidavit.
2. I am Deputy County Administrator for the Morgan County Commission and, as such, have in my custody and control the records of the Morgan County Commission maintained in the ordinary course of its business. From time to time, the Morgan County Commission makes payments to other governmental entities who house Morgan County Jail inmates at the request of Morgan County and the Morgan County Sheriff. Records of such

Case 5:01-cv-00851-UWC Document 78 Filed 05/23/06 Page 2 of 4
payments are made in the ordinary course of Morgan County's business by recording and entering such payments to a computer accounting system in the regular course of business and as such payments are made.
3. I have caused a printout to be made of the Morgan County records relating to payments made to City of Decatur, Hartselle Police Department, the Lawrence County Commission and the Clay County Commission for the housing of Morgan County inmates for the years 2003 through May 11, 2006. A true and correct copy of such printout is marked Exhibit 1 and made a part ofthis affidavit by reference. Such Exhibit 1 reflects that Morgan County has made a total of $603,226.00 in payments to such other entities for housing Morgan County inmates during such period of time.
SWORN '1'0 AND SUBSCRIBED BEFORE ME this lk_ day of May, 2006.
~L\~~ Notary Public
MY COMMISSION EXPIRES:~ ~, dc:x::A
- ·--.... -~
.-.
G:\ah\PUBLIC\WORDIMORGANCO\MAYNOR·.lAfL\f-ong • afTidavit.wpd
2

Case 5:01-cv-00851-UWC Document 78 Filed 05/23/06 Page 3 of 4
CERTIFICATE OF RETENTION As the filer ofthis document, I hereby certify that I currently hold the original signature document which has been duly executed and notarized. I further certify that I shall retain the hard copy ofthis document containing the original signature for one year after exhaustion of the time to appeal final resolution of this action or issuance of a mandate from the Court of Appeals.
George W. Royer, Jr.
3

Case 5:01-cv-00851-UWC Document 79-1 Filed 05/23/06 Page 1 of 3

FILED
2006 May-23 PM 02:40 U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA
NORTHEASTERN DIVISION

JOHNNY MAYNOR, et als PLAINTIFFS
vs.

CIVIL ACTION NO: 5:01-CV-00851-UWC

MORGAN COUNTY, ALABAMA,
et als DEFENDANTS

STATE OF ALABAMA )

AFFIDAVIT OF GREG BARTLETT

COUNTY OF MORGAN )

Before me, the undersigned Notary Public in and for said State and County, personally appeared Greg Bartlett, who, after being duly sworn, deposes and says the following:

1. My name is Greg Bartlett. Unless otherwise reflected in the context of this affidavit, I have personal knowledge of the things and matters set out in this affidavit.

2. I am the Sheriff of Morgan County, Alabama. I assumed office in January 2003.

3. When I became Sheriff, the former Sheriff and the County Commission, along with the plaintiffs in this litigation, had entered into a Consent Degree addressing, among other things, issues involving jail overcrowding.

4. My first contact with the issue of alternative sentencing was upon receipt of a letter authored by attorney William Shinn to Morgan County Commission Chairman, Larry Bennich. At that time, there were discussions regarding the development of a Community Corrections Program (CCP) to deal with alternative sentencing issues.

5. At that time there was already being implemented in the Morgan County Sheriffs Department a work release program. This program involved persons who had been sentenced and were serving their term of sentence in the Morgan County jail facility. Because the Community Corrections Program does not involve persons who were incarcerated in the jail, I was concerned that the Community Corrections Program not incorporate or include the work release program. The work release program, having already been implemented, would not benefit from being associated with the CCP.

6.

The CCP was established to find ways to keep defendants out ofjail, not to direct

Case 5:01-cv-00851-UWC Document 79-1 Filed 05/23/06 Page 2 of 3

ttrShheheeseiprareciacftcftivtatioinvtiidtethisfeeosororivsnmeejcraosuivilrg.eithmyItteaownnftdaposeafrmdspmoyriniscnsooiwnsntechrraeostriniavnretehjapaiinutl.crtphaToercshCeeersCsa,etPIeidwnshdnaoisovutcildboduennacbolesltruanbrreereedgdutrnhaodanrtetcertohdtnehafeauuutsshteuhodporeiirrtniyvtyaitsnowiyodinrtiheroespfctethcet.

7.

Furthermore, because the work release program involved persons who were under

a Court-ordered incarceration, and thus under the supervision of the Sheriff, I was concerned that

trBpheryeliesApaosenleraesbraosann,mdawareehslatosawubob,lcijacsenhucdiptnitbogeydrthecthseutesrctipoocontmistorianotinslodonimfpotrphfaoecSstheSicdehereo,irfpniffrbfpi.seeorItnshodeeonrsosnnaioenntvddboetelhtlveeieermddvaeiiinntlyihtnahagteccetwiolvinogitrtirikbeoisrlleioitlnyefvapfosorelrivswpoinrnoogergrkrsabmy.

someone other than the Sheriff is advisable, or for that matter, legal.

8.

On or about April30, 2003, I addressed my concerns regarding the CCP and its

involvement with the work release program in correspondence to the Chairman. I discussed

these concerns with eliminated from the

Chairman Bennich and he agreed that the work CCP. It was my not intent that any corrections

release provisions program be in any

should way

be

delayed or that its implementation be hampered because of my concerns regarding the release program. In fact, I felt that the implementation of the Community Corrections

work Program

could be more effectively accomplished if it were separated from the work release program

already in place.

9. sentencing the various

One aspect of CCP is a concept of alternative sentencing. Of course, alternative will require the full involvement of the Morgan County District Attorney's Office and judges in our Circuit. I am not opposed to the alternative sentencing concept. It

should be an effective and important part of the Community Corrections Program.

10. I have addressed this issue on several occasions with Presiding Circuit Judge Haddock. Judge Haddock and I met with Chairman Bennich in his office to discuss the alternative sentencing program and a method for funding the program.

11. In our meeting, Chairman Bennich felt that the implementation of the alternative sCeonutenntyciCngomprmogisrsaimona. nOd nitlsyfruencdeinntgly,shhoauvledfbuendlesfbt etoenthaepipnrcoopmriaintegdCbhyatihrme aCnoomfmthiessMioonrtgoan implement the Alternative Sentencing concepts.

tdmtChhioeesecmmnfuiebmsrcsseiteir1sossys2nsei.oisoatfynrwtehcterhoerIavsenCtot hmtloohuemfeenldtetmhpteriereineosrgigsgemasidrorappdntmlrhieendamcbguteeerttdhinhfnietuenganmgtitdimhotoeehnpnd·eliboeebaumsfyddtcoehgthopneeeutttiapilonCtdringooobgmonperrfaomwotmfhciiseaetwhssn2isdaoA.0rsna0lT.wat6eph-nTr2penh0rfaCore0tosxio7mveimmefdihmsaSisictesiceasnullbsytsiuyeos$ndeinoa7cgrinw0ens,tba0gubws0Pdu0aegrt.dro0etevhgt0,iihr.ssaeemdOlddindtawhennaidottht occur as promised..

Case 5:01-cv-00851-UWC Document 79-1 Filed 05/23/06 Page 3 of 3

will

13. cooperate

As Sheriff of Morgan County, I support the Community Corrections Program with the Judges, the District Attorney and the County Commission in the

and

implementation of programs established by the CCP.

awUocCnouonidnrtfrcvokosueritfinatrjtusfga1afnaii4noltan.i.dtnogenTlDptyshhri,oeeswAIgtnrsirhttieeachatnwmhtvPtiJleessyrunenftdccosiogmioirndenaepgisusn,rttrwigrihsetuioolJlacinruleptiedeftfpyurdgtesoletalcotyrpoHhsrrdacairtteosehdvoowcdaenpttoiileleowoclrrnkpsaiea,ntfaelwcIanlflibiudalnlsecdlalaieumildeinptGmveydreeoE.ietnprDtaiheItslahrltahletenydarPdjevfpuraueeorrdnositilshidngiddneesriiadrtencrmssugtCiiwcsomJotnuitemithddlhoaamgmfrtreeutwpyhsHnreipoislatelgtCydcarkdotfaCefoumteootcrpotmrksprbd.eioaneecpnFgfgtudier.iolnonoandmttiahnnemgtrsy Program concept.

15. As Sheriff, I stand ready to assist to the degree possible in the alternative sentencing process.

STATE OF ALABAMA COUNTY OF MORGAN

I, GREG contained in the

BARTLETT, foregoing are

being first duly true and correct

sworn do and that I

hereby affirm that the statements have executed this affidavit voluntarily

on the day the same bears date.

Given

under

my

hand

and

seal

on

this~do

f

-
of

May,

2006.

mSWe tOhiRsNtthoe-a~nda£y1bosfcr~ ibed to lbefore , 2006.

~~~'c

Notary Public My Commission expires:

l
~q, 2-oo~

 
 Case: 5:01-cv-851 As of: 10/15/2017 12:24 PM CDT 1 of 30
U.S. District Court Northern District of Alabama (Northeastern) CIVIL DOCKET FOR CASE #: 5:01−cv−00851−AKK

Maynor, et al v. Morgan County, AL, et al Assigned to: Judge Abdul K Kallon Demand: $0 Case in other court: US Court of Appeals−11th Circuit,
09−10703−J Cause: 42:1983 Civil Rights Act
Plaintiff

Date Filed: 04/05/2001 Date Terminated: 09/25/2001 Jury Demand: None Nature of Suit: 555 Prisoner Petition (Prison Condition) Jurisdiction: Federal Question

Johnny Maynor individually and on behalf of all present and future inmates in the Morgan County Jail in Decatur, AL

represented by Lisa L Kung SOUTHERN CENTER FOR HUMAN RIGHTS 83 Poplar Street NW Atlanta, GA 30303−2122 404−688−1202 Fax: 404−688−9440 Email: lkung@schr.org LEAD ATTORNEY

Aaron Michael Littman SOUTHERN CENTER FOR HUMAN RIGHTS 83 Poplar Street NW Atlanta, GA 30303 404−688−1202 Fax: 404−688−9440 Email: alittman@schr.org ATTORNEY TO BE NOTICED

Brooke M Sealy SOUTHERN CENTER FOR HUMAN RIGHTS 83 Poplar Street NW Atlanta, GA 30303 404−688−1202 Fax: 404−688−9440 Email: bsealy@schr.org TERMINATED: 09/16/2010 ATTORNEY TO BE NOTICED

Crystal Redd SOUTHERN CENTER FOR HUMAN RIGHTS 83 Poplar St. NW Atlanta, GA 30303 404−688−1202 Fax: 404−688−9440 Email: credd@schr.org ATTORNEY TO BE NOTICED

Melanie Velez SOUTHERN CENTER FOR HUMAN RIGHTS 83 Poplar Street NW Atlanta, GA 30303−2122 404−688−1202 Fax: 404−622−9440 Email: mvelez@schr.org ATTORNEY TO BE NOTICED

Case: 5:01-cv-851 As of: 10/15/2017 12:24 PM CDT 2 of 30
Sarah Elisabeth Geraghty SOUTHERN CENTER FOR HUMAN RIGHTS 83 Poplar Street, NW Atlanta, GA 30303 404−688−1202 Fax: 404−688−9440 Email: sgeraghty@schr.org ATTORNEY TO BE NOTICED
John A Russell , III RUSSELL & RUSSELL PC 202 Broad Street Aliceville, AL 35442 205−373−8714 Fax: 205−373−8894 Email: bacochrane@nctv.com ATTORNEY TO BE NOTICED
Robert M Shipman ROBERT SHIPMAN, ATTORNEY AT LAW 220 Walker Avenue Huntsville, AL 35801 256−533−4595 Fax: 256−533−4595 Email: rob.shipman@comcast.net ATTORNEY TO BE NOTICED
Stephen B Bright SOUTHERN CENTER FOR HUMAN RIGHTS 83 Poplar Street NW Atlanta, GA 30303−2122 1−404−688−1202 Email: sbright@schr.org ATTORNEY TO BE NOTICED
Tamara H Serwer SOUTHERN CENTER FOR HUMAN RIGHTS 83 Poplar Street NW Atlanta, GA 30303−2122 1−404−688−1202 Fax: 1−404−688−9440 fax ATTORNEY TO BE NOTICED

V. Defendant Morgan County, AL

represented by T Mark Maclin WILMER & LEE PA 315 West Market Street P O Box 710 Athens, AL 35612 256−232−2010 Fax: 256−230−0610 Email: mmaclin@wilmerlee.com TERMINATED: 04/19/2017 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Barnes F Lovelace , Jr HARRIS CADDELL & SHANKS PC

Case: 5:01-cv-851 As of: 10/15/2017 12:24 PM CDT 3 of 30

214 Johnston Street SE P O Box 2688 Decatur, AL 35602−2688 256−340−8000 Fax: 256−340−8039 Email: blovelace@harriscaddell.com ATTORNEY TO BE NOTICED

David W Langston HARRIS CADDELL & SHANKS PC 214 Johnston Street SE PO Box 2688 Decatur, AL 35602−2688 256−340−8048 Fax: 256−340−8040 Email: dlangston@harriscaddell.com ATTORNEY TO BE NOTICED

George W Royer , Jr LANIER FORD SHAVER & PAYNE 2101 Clinton Avenue West Suite 102 P O Box 2087 Huntsville, AL 35805−3077 256−535−1100 Email: gwr@lanierford.com TERMINATED: 01/27/2017

William E Shinn , Jr HARRIS CADDELL & SHANKS PC 214 Johnston Street SE P O Box 2688 Decatur, AL 35602−2688 256−340−8000 Fax: 256−340−8040 Email: bshinn@harriscaddell.com TERMINATED: 01/27/2017

Defendant
Steve Crabbe Sheriff of Morgan County TERMINATED: 03/22/2017

represented by T Mark Maclin (See above for address) TERMINATED: 04/19/2017 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Donald R Rhea RHEA BOYD RHEA & COGGIN 930 Forrest Avenue PO Box 8486 Gadsden, AL 35902 1−256−547−6801 Fax: 1−256−549−0271 Email: dbc@rhealaw.com ATTORNEY TO BE NOTICED

George W Royer , Jr LANIER FORD SHAVER & PAYNE 2101 Clinton Avenue West Suite 102 P O Box 2087 Huntsville, AL 35805−3077 256−535−1100 Fax: 256−533−9322 Email: gwr@lanierford.com

Case: 5:01-cv-851 As of: 10/15/2017 12:24 PM CDT 4 of 30

TERMINATED: 01/27/2017 ATTORNEY TO BE NOTICED

William E Shinn , Jr (See above for address) TERMINATED: 01/27/2017 ATTORNEY TO BE NOTICED

Defendant
Myra Yates Jail Administrator

represented by Myra Yates PRO SE

T Mark Maclin (See above for address) TERMINATED: 04/19/2017 LEAD ATTORNEY ATTORNEY TO BE NOTICED

George W Royer , Jr (See above for address) TERMINATED: 01/27/2017 ATTORNEY TO BE NOTICED

William E Shinn , Jr (See above for address) TERMINATED: 01/27/2017 ATTORNEY TO BE NOTICED

Defendant
Larry Bennich in his official capacity as member of the Morgan County Commission

represented by Larry Bennich PRO SE
T Mark Maclin (See above for address) TERMINATED: 04/19/2017 LEAD ATTORNEY ATTORNEY TO BE NOTICED

George W Royer , Jr (See above for address) TERMINATED: 01/27/2017 ATTORNEY TO BE NOTICED

William E Shinn , Jr (See above for address) TERMINATED: 01/27/2017 ATTORNEY TO BE NOTICED

Defendant
Jeff Clark in his official capacity as a member of the Morgan County Commission

represented by Jeff Clark PRO SE
T Mark Maclin (See above for address) TERMINATED: 04/19/2017 LEAD ATTORNEY ATTORNEY TO BE NOTICED

George W Royer , Jr (See above for address) TERMINATED: 01/27/2017 ATTORNEY TO BE NOTICED

Case: 5:01-cv-851 As of: 10/15/2017 12:24 PM CDT 5 of 30

William E Shinn , Jr (See above for address) TERMINATED: 01/27/2017 ATTORNEY TO BE NOTICED

Defendant
Don Stisher in his official capacity as a member of the Morgan County Commission

represented by T Mark Maclin (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

George W Royer , Jr (See above for address) TERMINATED: 01/27/2017 ATTORNEY TO BE NOTICED

William E Shinn , Jr (See above for address) TERMINATED: 01/27/2017 ATTORNEY TO BE NOTICED

Defendant
Stacy George in her official capacity as a member of the Morgan County Commission

represented by Stacy George PRO SE
T Mark Maclin (See above for address) TERMINATED: 04/19/2017 LEAD ATTORNEY ATTORNEY TO BE NOTICED

George W Royer , Jr (See above for address) TERMINATED: 01/27/2017 ATTORNEY TO BE NOTICED

William E Shinn , Jr (See above for address) TERMINATED: 01/27/2017 ATTORNEY TO BE NOTICED

Defendant
Faye Sparkman in her official capacity as a member of the Morgan County Commission

represented by Faye Sparkman PRO SE
T Mark Maclin (See above for address) TERMINATED: 04/19/2017 LEAD ATTORNEY ATTORNEY TO BE NOTICED

George W Royer , Jr (See above for address) TERMINATED: 01/27/2017 ATTORNEY TO BE NOTICED

William E Shinn , Jr (See above for address) TERMINATED: 01/27/2017 ATTORNEY TO BE NOTICED

Defendant

Case: 5:01-cv-851 As of: 10/15/2017 12:24 PM CDT 6 of 30

Don Siegelman Governor of Alabama

represented by Albert S Butler ALABAMA DEPARTMENT OF CORRECTIONS LEGAL DIVISION P O Box 301501 301 South Ripley Street Montgomery, AL 36104 334−353−4859 Fax: 334−353−3891 Email: Amy.fisher@doc.alabama.gov ATTORNEY TO BE NOTICED

Andrew W Redd ALABAMA DEPARTMENT OF CORRECTIONS Legal Division 301 S Ripley St Montgomery, AL 36110 334−353−3879 Fax: 334−353−3891 Email: andy.redd@doc.alabama.gov ATTORNEY TO BE NOTICED

Defendant
Mike Haley Commissioner of the Alabama Department of Corrections

represented by Albert S Butler (See above for address) ATTORNEY TO BE NOTICED

Andrew W Redd (See above for address) ATTORNEY TO BE NOTICED

Defendant
Sheriff Morgan County, Alabama Ana Franklin

represented by Barnes F Lovelace , Jr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

T Mark Maclin WILMER & LEE PA 315 West Market Street P O Box 710 Athens, AL 35612 256−232−2010 Email: mmaclin@wilmerlee.com TERMINATED: 04/19/2017 ATTORNEY TO BE NOTICED

Cross Claimant Morgan County, AL

represented by Barnes F Lovelace , Jr (See above for address) ATTORNEY TO BE NOTICED

David W Langston (See above for address) ATTORNEY TO BE NOTICED

George W Royer , Jr (See above for address) TERMINATED: 01/27/2017 ATTORNEY TO BE NOTICED

William E Shinn , Jr (See above for address)

Case: 5:01-cv-851 As of: 10/15/2017 12:24 PM CDT 7 of 30

TERMINATED: 01/27/2017 ATTORNEY TO BE NOTICED

Cross Claimant Myra Yates

Cross Claimant Larry Bennich

represented by George W Royer , Jr (See above for address) TERMINATED: 01/27/2017 ATTORNEY TO BE NOTICED

Cross Claimant Jeff Clark

represented by George W Royer , Jr (See above for address) TERMINATED: 01/27/2017 ATTORNEY TO BE NOTICED

Cross Claimant Don Stisher

represented by George W Royer , Jr (See above for address) TERMINATED: 01/27/2017 ATTORNEY TO BE NOTICED

Cross Claimant Stacy George

represented by George W Royer , Jr (See above for address) TERMINATED: 01/27/2017 ATTORNEY TO BE NOTICED

Cross Claimant Faye Sparkman

represented by George W Royer , Jr (See above for address) TERMINATED: 01/27/2017 ATTORNEY TO BE NOTICED

V. Cross Defendant Don Siegelman
Cross Defendant Mike Haley
Plaintiff Anthony Murphree on behalf of themselves & all others similarly situated,

represented by Lisa L Kung (See above for address) LEAD ATTORNEY
Aaron Michael Littman (See above for address) ATTORNEY TO BE NOTICED
Brooke M Sealy (See above for address) TERMINATED: 09/16/2010 ATTORNEY TO BE NOTICED
Crystal Redd

Case: 5:01-cv-851 As of: 10/15/2017 12:24 PM CDT 8 of 30

(See above for address) ATTORNEY TO BE NOTICED

Sarah Elisabeth Geraghty (See above for address) ATTORNEY TO BE NOTICED

John A Russell , III (See above for address) ATTORNEY TO BE NOTICED

Robert M Shipman (See above for address) ATTORNEY TO BE NOTICED

Stephen B Bright (See above for address) ATTORNEY TO BE NOTICED

Tamara H Serwer (See above for address) ATTORNEY TO BE NOTICED

Plaintiff
Christopher Nichols on behalf of themselves & all others similarly situated,

represented by Lisa L Kung (See above for address) LEAD ATTORNEY

Aaron Michael Littman (See above for address) ATTORNEY TO BE NOTICED

Brooke M Sealy (See above for address) TERMINATED: 09/16/2010 ATTORNEY TO BE NOTICED

Crystal Redd (See above for address) ATTORNEY TO BE NOTICED

Sarah Elisabeth Geraghty (See above for address) ATTORNEY TO BE NOTICED

John A Russell , III (See above for address) ATTORNEY TO BE NOTICED

Robert M Shipman (See above for address) ATTORNEY TO BE NOTICED

Stephen B Bright (See above for address) ATTORNEY TO BE NOTICED

Tamara H Serwer (See above for address) ATTORNEY TO BE NOTICED

Plaintiff
Yvette Barbee on behalf of themselves & all others

represented by Lisa L Kung (See above for address)

Case: 5:01-cv-851 As of: 10/15/2017 12:24 PM CDT 9 of 30

similarly situated,

LEAD ATTORNEY

Aaron Michael Littman (See above for address) ATTORNEY TO BE NOTICED

Brooke M Sealy (See above for address) TERMINATED: 09/16/2010 ATTORNEY TO BE NOTICED

Crystal Redd (See above for address) ATTORNEY TO BE NOTICED

Sarah Elisabeth Geraghty (See above for address) ATTORNEY TO BE NOTICED

John A Russell , III (See above for address) ATTORNEY TO BE NOTICED

Robert M Shipman (See above for address) ATTORNEY TO BE NOTICED

Stephen B Bright (See above for address) ATTORNEY TO BE NOTICED

Tamara H Serwer (See above for address) ATTORNEY TO BE NOTICED

Plaintiff
Joseph Bowie on behalf of themselves & all others similarly situated,

represented by Lisa L Kung (See above for address) LEAD ATTORNEY

Aaron Michael Littman (See above for address) ATTORNEY TO BE NOTICED

Brooke M Sealy (See above for address) TERMINATED: 09/16/2010 ATTORNEY TO BE NOTICED

Crystal Redd (See above for address) ATTORNEY TO BE NOTICED

Sarah Elisabeth Geraghty (See above for address) ATTORNEY TO BE NOTICED

John A Russell , III (See above for address) ATTORNEY TO BE NOTICED

Robert M Shipman (See above for address) ATTORNEY TO BE NOTICED

Case: 5:01-cv-851 As of: 10/15/2017 12:24 PM CDT 10 of 30

Plaintiff James Brown on behalf of themselves & all others similarly situated, TERMINATED: 10/12/2001
Plaintiff Kelvin Cowan on behalf of themselves & all others similarly situated,

Stephen B Bright (See above for address) ATTORNEY TO BE NOTICED
Tamara H Serwer (See above for address) ATTORNEY TO BE NOTICED
represented by Lisa L Kung (See above for address) LEAD ATTORNEY
Aaron Michael Littman (See above for address) ATTORNEY TO BE NOTICED
Brooke M Sealy (See above for address) TERMINATED: 09/16/2010 ATTORNEY TO BE NOTICED
Crystal Redd (See above for address) ATTORNEY TO BE NOTICED
Sarah Elisabeth Geraghty (See above for address) ATTORNEY TO BE NOTICED
John A Russell , III (See above for address) TERMINATED: 10/12/2001 ATTORNEY TO BE NOTICED
Robert M Shipman (See above for address) TERMINATED: 10/12/2001 ATTORNEY TO BE NOTICED
Stephen B Bright (See above for address) TERMINATED: 10/12/2001 ATTORNEY TO BE NOTICED
Tamara H Serwer (See above for address) TERMINATED: 10/12/2001 ATTORNEY TO BE NOTICED
represented by Lisa L Kung (See above for address) LEAD ATTORNEY
Aaron Michael Littman (See above for address) ATTORNEY TO BE NOTICED
Brooke M Sealy (See above for address) TERMINATED: 09/16/2010 ATTORNEY TO BE NOTICED

Case: 5:01-cv-851 As of: 10/15/2017 12:24 PM CDT 11 of 30

Plaintiff McArthur Green on behalf of themselves & all others similarly situated,
Plaintiff

Crystal Redd (See above for address) ATTORNEY TO BE NOTICED
Sarah Elisabeth Geraghty (See above for address) ATTORNEY TO BE NOTICED
John A Russell , III (See above for address) ATTORNEY TO BE NOTICED
Robert M Shipman (See above for address) ATTORNEY TO BE NOTICED
Stephen B Bright (See above for address) ATTORNEY TO BE NOTICED
Tamara H Serwer (See above for address) ATTORNEY TO BE NOTICED
represented by Lisa L Kung (See above for address) LEAD ATTORNEY
Aaron Michael Littman (See above for address) ATTORNEY TO BE NOTICED
Brooke M Sealy (See above for address) TERMINATED: 09/16/2010 ATTORNEY TO BE NOTICED
Crystal Redd (See above for address) ATTORNEY TO BE NOTICED
Sarah Elisabeth Geraghty (See above for address) ATTORNEY TO BE NOTICED
John A Russell , III (See above for address) ATTORNEY TO BE NOTICED
Robert M Shipman (See above for address) ATTORNEY TO BE NOTICED
Stephen B Bright (See above for address) ATTORNEY TO BE NOTICED
Tamara H Serwer (See above for address) ATTORNEY TO BE NOTICED

Case: 5:01-cv-851 As of: 10/15/2017 12:24 PM CDT 12 of 30

Kristy Leigh Griffin on behalf of themselves & all others similarly situated, ,

represented by Lisa L Kung (See above for address) LEAD ATTORNEY

Aaron Michael Littman (See above for address) ATTORNEY TO BE NOTICED

Brooke M Sealy (See above for address) TERMINATED: 09/16/2010 ATTORNEY TO BE NOTICED

Crystal Redd (See above for address) ATTORNEY TO BE NOTICED

Sarah Elisabeth Geraghty (See above for address) ATTORNEY TO BE NOTICED

John A Russell , III (See above for address) ATTORNEY TO BE NOTICED

Robert M Shipman (See above for address) ATTORNEY TO BE NOTICED

Stephen B Bright (See above for address) ATTORNEY TO BE NOTICED

Tamara H Serwer (See above for address) ATTORNEY TO BE NOTICED

Plaintiff
Carrie Jackson on behalf of themselves & all others similarly situated,

represented by Lisa L Kung (See above for address) LEAD ATTORNEY

Aaron Michael Littman (See above for address) ATTORNEY TO BE NOTICED

Brooke M Sealy (See above for address) TERMINATED: 09/16/2010 ATTORNEY TO BE NOTICED

Crystal Redd (See above for address) ATTORNEY TO BE NOTICED

Sarah Elisabeth Geraghty (See above for address) ATTORNEY TO BE NOTICED

John A Russell , III (See above for address) ATTORNEY TO BE NOTICED

Robert M Shipman

Case: 5:01-cv-851 As of: 10/15/2017 12:24 PM CDT 13 of 30

(See above for address) ATTORNEY TO BE NOTICED

Stephen B Bright (See above for address) ATTORNEY TO BE NOTICED

Tamara H Serwer (See above for address) ATTORNEY TO BE NOTICED

Plaintiff
Cleveland Owens on behalf of themselves & all others similarly situated,

represented by Lisa L Kung (See above for address) LEAD ATTORNEY

Aaron Michael Littman (See above for address) ATTORNEY TO BE NOTICED

Brooke M Sealy (See above for address) TERMINATED: 09/16/2010 ATTORNEY TO BE NOTICED

Crystal Redd (See above for address) ATTORNEY TO BE NOTICED

Sarah Elisabeth Geraghty (See above for address) ATTORNEY TO BE NOTICED

John A Russell , III (See above for address) ATTORNEY TO BE NOTICED

Robert M Shipman (See above for address) ATTORNEY TO BE NOTICED

Stephen B Bright (See above for address) ATTORNEY TO BE NOTICED

Tamara H Serwer (See above for address) ATTORNEY TO BE NOTICED

Plaintiff
Willie Perry on behalf of themselves & all others similarly situated,

represented by Lisa L Kung (See above for address) LEAD ATTORNEY

Aaron Michael Littman (See above for address) ATTORNEY TO BE NOTICED

Brooke M Sealy (See above for address) TERMINATED: 09/16/2010 ATTORNEY TO BE NOTICED

Crystal Redd

Case: 5:01-cv-851 As of: 10/15/2017 12:24 PM CDT 14 of 30

(See above for address) ATTORNEY TO BE NOTICED

Sarah Elisabeth Geraghty (See above for address) ATTORNEY TO BE NOTICED

John A Russell , III (See above for address) ATTORNEY TO BE NOTICED

Robert M Shipman (See above for address) ATTORNEY TO BE NOTICED

Stephen B Bright (See above for address) ATTORNEY TO BE NOTICED

Tamara H Serwer (See above for address) ATTORNEY TO BE NOTICED

Plaintiff
Alnas Russell on behalf of themselves & all others similarly situated,

represented by Lisa L Kung (See above for address) LEAD ATTORNEY

Aaron Michael Littman (See above for address) ATTORNEY TO BE NOTICED

Brooke M Sealy (See above for address) TERMINATED: 09/16/2010 ATTORNEY TO BE NOTICED

Crystal Redd (See above for address) ATTORNEY TO BE NOTICED

Sarah Elisabeth Geraghty (See above for address) ATTORNEY TO BE NOTICED

John A Russell , III (See above for address) ATTORNEY TO BE NOTICED

Robert M Shipman (See above for address) ATTORNEY TO BE NOTICED

Stephen B Bright (See above for address) ATTORNEY TO BE NOTICED

Tamara H Serwer (See above for address) ATTORNEY TO BE NOTICED

Plaintiff
Maurice Sears on behalf of themselves & all others

represented by Lisa L Kung (See above for address)

Case: 5:01-cv-851 As of: 10/15/2017 12:24 PM CDT 15 of 30

similarly situated,

LEAD ATTORNEY

Aaron Michael Littman (See above for address) ATTORNEY TO BE NOTICED

Brooke M Sealy (See above for address) TERMINATED: 09/16/2010 ATTORNEY TO BE NOTICED

Crystal Redd (See above for address) ATTORNEY TO BE NOTICED

Sarah Elisabeth Geraghty (See above for address) ATTORNEY TO BE NOTICED

John A Russell , III (See above for address) ATTORNEY TO BE NOTICED

Robert M Shipman (See above for address) ATTORNEY TO BE NOTICED

Stephen B Bright (See above for address) ATTORNEY TO BE NOTICED

Tamara H Serwer (See above for address) ATTORNEY TO BE NOTICED

Plaintiff
Billy Ray Smith on behalf of themselves & all others similarly situated,

represented by Lisa L Kung (See above for address) LEAD ATTORNEY

Aaron Michael Littman (See above for address) ATTORNEY TO BE NOTICED

Brooke M Sealy (See above for address) TERMINATED: 09/16/2010 ATTORNEY TO BE NOTICED

Crystal Redd (See above for address) ATTORNEY TO BE NOTICED

Sarah Elisabeth Geraghty (See above for address) ATTORNEY TO BE NOTICED

John A Russell , III (See above for address) ATTORNEY TO BE NOTICED

Robert M Shipman (See above for address) ATTORNEY TO BE NOTICED

Case: 5:01-cv-851 As of: 10/15/2017 12:24 PM CDT 16 of 30

Plaintiff
Michael Vaughn on behalf of themselves & all others similarly situated,

Stephen B Bright (See above for address) ATTORNEY TO BE NOTICED
Tamara H Serwer (See above for address) ATTORNEY TO BE NOTICED
represented by Lisa L Kung (See above for address) LEAD ATTORNEY
Aaron Michael Littman (See above for address) ATTORNEY TO BE NOTICED
Brooke M Sealy (See above for address) TERMINATED: 09/16/2010 ATTORNEY TO BE NOTICED
Crystal Redd (See above for address) ATTORNEY TO BE NOTICED
Sarah Elisabeth Geraghty (See above for address) ATTORNEY TO BE NOTICED
John A Russell , III (See above for address) ATTORNEY TO BE NOTICED
Robert M Shipman (See above for address) ATTORNEY TO BE NOTICED
Stephen B Bright (See above for address) ATTORNEY TO BE NOTICED
Tamara H Serwer (See above for address) ATTORNEY TO BE NOTICED

Date Filed 04/05/2001 04/05/2001
04/05/2001
04/10/2001
04/10/2001

# Docket Text
1 COMPLAINT filed; filing fee DUE (KAM) (Entered: 04/05/2001)
2 MOTION by plaintiff Johnny Maynor to certify class action filed (KAM) (Entered: 04/05/2001)
3 MOTION by plaintiff Johnny Maynor for preliminary injunction filed (KAM) (Entered: 04/05/2001)
FILING FEE paid: on 4/10/01 in the amount of $ 150.00 receipt # 200 162961. (SWB) (Entered: 04/10/2001)
4 CROSSCLAIM by dfts Morgan County, AL, Steve Crabbe, Myra Yates, Larry Bennich, Jeff Clark, Don Stisher, Stacy George, Faye Sparkman against dfts Don Siegelman & Mike Haley filed cs (SWB) (Entered: 04/11/2001)

Case: 5:01-cv-851 As of: 10/15/2017 12:24 PM CDT 17 of 30

04/10/2001 04/10/2001 04/10/2001 04/12/2001
04/12/2001 04/13/2001
04/17/2001 04/17/2001
04/18/2001 04/18/2001 04/19/2001 04/19/2001 04/25/2001 04/26/2001 04/26/2001 04/26/2001 04/27/2001 05/01/2001

5 MOTION by pla for attorney Lisa Kung to appear pro hac vice filed cs (SWB) (Entered: 04/12/2001)
PRO HAC VICE admission fee of $50.00 paid on 4/10/01 receipt # 200 162960 (SWB) (Entered: 04/12/2001)
6 NOTICE of appearance for plaintiff by Lisa Kung filed (SWB) (Entered: 04/12/2001)
COURTROOM NOTES: Hearing on Plffs' motion to certify class and motion for preliminary injunction before the Honorable U.W. Clemon, Chief USDJ in Decatur, AL − opening remarks − ORAL RULING that a separate order granting Plffs' motion to certify class action [2−1] will be entered (CLEMON) − Plffs' testimony − Plff's rest − Deft Co.'s testimony − Court's witness − Deft Co.'s testimony cont'd − Deft Co. rests − Deft State of AL's testimony − Deft State of AL rests − closing remarks − ORAL RULING to ISSUE & GRANT Plffs' motion for Preliminary Injunction and DIRECTING the State to develop proposed plans by April 20, 2001 to move state inmates from the Morgan Co. Jail and to adequately address inmates medical concerns (CLEMON) − Tommy Dempsey, Ct. Rptr. − tgp (TGP) (Entered: 04/13/2001)
7 5 − ORDER granting motion for attorney Lisa Kung to appear pro hac vice [5−1] ( by Chief Judge U W. Clemon ) entered cm (SWB) (Entered: 04/13/2001)
8 ORDER (Class Certification) based on court's findings that named plas as listed are hereby certified as class representatives consisting of all persons as stated; this certification is conditional filed ( by Chief Judge U W. Clemon ) cm (SWB) (Entered: 04/13/2001)
9 FINDINGS(Preliminary) of fact and conclusions of law filed ( by Chief Judge U W. Clemon ) cm (SWB) (Entered: 04/17/2001)
10 ORDER (Preliminary Injunction) based on the accompanying preliminary findings of fact & conclusions of law that on the posting of bond or cash in amt of $5.00, dfts Steve Crabbe, Myra Yates & others are hereby preliminarily enjoined from conditions as stated; that dft Mike Haley(AL Dept of Corr) & others are preliminarily enjoined from as stated; USM to serve copy of preliminary injunction on Steve Crabbe, Myra Yates, Mike Haley & Cecil Atchison; this preliminary injunction to remain in effect pending further orders of this court filed ( by Chief Judge U W. Clemon ) cm (SWB) (Entered: 04/17/2001)
SUMMONS and complaint issued & ret to pla for service (SWB) (Entered: 04/18/2001)
11 NOTICE of compliance(Report) by dft Mike Haley with order [10−1] filed cs (SWB) Modified on 04/19/2001 (Entered: 04/19/2001)
12 BOND; Preliminary Injunction in amount of $ 5.00 filed by plaintiff (see order #10) (SWB) Modified on 04/19/2001 (Entered: 04/19/2001)
13 NOTICE of appearance for plaintiffs by Robert M Shipman filed cs (SWB) (Entered: 04/20/2001)
16 MOTION by dft Mike Haley for relief from , and to clarify order of 4/17/01 [10−1] filed cs (SWB) (Entered: 04/27/2001)
14 11 − ORDER−approved dft's Haley's report as requested by the court ( by Chief Judge U W. Clemon ) entered cm (MAA) (Entered: 04/26/2001)
15 SUMMONS and complaint returned executed: upon dfts Steve Crabbe, Myra Yates, Larry Bennich, Jeff Clark, Don Stisher, Stacy George, Faye Sparkman on 4/19/01, Don Siegelman, Mike Haley on 4/18/01 filed (SWB) (Entered: 04/26/2001)
17 NOTICE(Report to Court) filed by plaintiffs cs (SWB) (Entered: 04/27/2001)
18 RETURN of service of preliminary injunction as to Shefiff Steve Crabbe & Myra Yates on 4/24/01 filed (SWB) (Entered: 04/27/2001)
19 RETURN of service of preliminary injunction as to Mike Haley(Commissioner) on 4/27/01 filed (SWB) (Entered: 05/02/2001)

Case: 5:01-cv-851 As of: 10/15/2017 12:24 PM CDT 18 of 30

05/01/2001 05/01/2001 05/01/2001
05/02/2001
05/02/2001 05/07/2001
05/08/2001
05/08/2001
05/08/2001 05/10/2001 05/14/2001 05/25/2001 05/29/2001 05/29/2001 06/18/2001 06/29/2001 07/02/2001
07/09/2001 07/09/2001 07/10/2001
07/11/2001

22 OPPOSITION by Morgan Cty dfts to motion for relief [16−1] filed cs (SWB) (Entered: 05/03/2001)
22 OBJECTIONS by Morgan Cty dfts to motion for relief & clarification [16−1], [16−2] filed cs (SWB) (Entered: 05/03/2001)
23 MOTION by Morgan Cty dfts to clarify , and for relief from certain portions of preliminary injunction [10−1] filed w/afdt of Dwight Gardner att as exh cs (SWB) (Entered: 05/03/2001)
20 ORDER that copies of all papers filed in this case should be served on Robert M Shipman, counsel for the class in James Humphrey Chairs, et al vs Morgan Cty Sheriff, et al filed ( by Chief Judge U W. Clemon ) cm (SWB) (Entered: 05/02/2001)
21 MOTION by plaintiffs for permanent injunction filed cs (SWB) (Entered: 05/02/2001)
24 TRANSCRIPT of Preliminary Injunction Hearing proceedings had before Chief Judge U W. Clemon on 4/12/01 filed − Court Reporter Thomas E Dempsey (SWB) (Entered: 05/07/2001)
25 ORDER granting motion for relief from [16−1], granting motion to clarify order of 4/17/01 [10−1] [16−2]; that dft Haley is hereby relieved of the obligation to transfer at least one state ready inmate from the Morgan Cty Jail as stated long as he's in compliance w/the removal plan previously filed w/the court filed ( by Chief Judge U W. Clemon ) cm (SWB) (Entered: 05/09/2001)
26 ANSWER to complaint by dfts Morgan County AL, Steve Crabbe, Myra Yates, Larry Bennich, Jeff Clark, Don Stisher, Stacy George, Faye Sparkman w/appear by atty(s) William E Shinn Jr & George W Royer Jr filed cs (SWB) (Entered: 05/10/2001)
DOCKET modification (utility event) (SWB) (Entered: 05/10/2001)
27 ANSWER by dfts Don Siegelman & Mike Haley w/appear by atty(s) Andrew W Redd, Albert S Butler filed (SWB) (Entered: 05/10/2001)
28 22 − ORDER denying objection [22−1], denying opposition [22−1] ( by Chief Judge U W. Clemon ) entered cm (SWB) (Entered: 05/14/2001)
30 MOTION(Unopposed) by dfts to continue hearing on motions for clarification, etc filed cs (SWB) (Entered: 05/29/2001)
29 Report of Parties (form 35) of compliance with FRCP 26 filed w/exhs att (SWB) (Entered: 05/29/2001)
31 30 − ORDER granting motion to continue hearing on motions for clarification, etc [30−1] ( by Chief Judge U W. Clemon ) entered cm (SWB) (Entered: 05/30/2001)
32 REQUEST by plaintiffs for entry upon land for inspection & other inspection & other purposes filed cs (SWB) (Entered: 06/25/2001)
33 MOTION by plas for order for entry upon land for inspection & other purposes filed cs (SWB) (Entered: 06/29/2001)
34 33 − ORDER finding the motion for order for entry upon land for inspection & other purposes [33−1] moot ( by Chief Judge U W. Clemon ) entered cm (MAA) (Entered: 07/03/2001)
35 SUBMISSION(Supplemental) by dfts in support of motion for clarification & relief, etc filed w/exhs att cs (SWB) (Entered: 07/09/2001)
38 SUBMISSION (Supplemental) by Morgan Cty dfts in support of motion for clarification & relief, etc filed w/exhs att cs (SWB) (Entered: 07/18/2001)
COURTROOM NOTES:Hearing before the Honorable U. W. Clemon, CUDSJ, at Decatur, AL − opening remarks of the court − hearing continued until 10:00 am on September 13, 2001 − (Tommy Dempsey, rptr.) (DGS) (Entered: 07/11/2001)
36 ORDER extending TRO & continuing hearing on pending motions set for 9/13/01 at 10:00 am in Decatur, AL ; parties to either present proposed settlement agreement to court or resume discovery efforts filed ( by Chief Judge U W. Clemon ) cm (SWB)

Case: 5:01-cv-851 As of: 10/15/2017 12:24 PM CDT 19 of 30

07/12/2001 07/31/2001 08/02/2001 08/03/2001 08/03/2001 09/13/2001 09/20/2001 09/24/2001 09/25/2001
09/25/2001
09/25/2001
10/03/2001 10/11/2001 10/12/2001 10/12/2001 10/12/2001 10/12/2001 10/25/2001 10/25/2001

(Entered: 07/11/2001)
37 RETURN of service re preliminary injunction to Cecil Atchison (Transfer Dir) on 4/23/01 filed (SWB) (Entered: 07/13/2001)
39 MOTION(Joint) by parties for order to provide notice of class action settlement filed (SWB) (Entered: 08/01/2001)
40 39 − ORDER granting motion for order to provide notice of class action settlement [39−1] ( by Chief Judge U W. Clemon ) entered cm (SWB) (Entered: 08/03/2001)
41 ORDER on class notice upon consideration of parties' joint motion to provide notice of consent order; that dft require 2 copies of terms of proposed consent order be posted as stated filed ( by Chief Judge U W. Clemon ) cm (SWB) (Entered: 08/03/2001)
42 ORDER(Notice of Class Action Settlement) scheduling fairness hearing of proposed consent order ; In−court hearing set for 9:30 am on 9/24/01 in Decatur, AL filed ( by Chief Judge U W. Clemon ) cm (SWB) (Entered: 08/03/2001)
43 MOTION by dfts for relief from proposed final consent order filed w/atts cs (SWB) (Entered: 09/13/2001)
44 43 − ORDER granting motion for temporary relief from proposed final consent order as set out in the motion [43−1] ( by Chief Judge U W. Clemon ) entered cm (DWC) (Entered: 09/20/2001)
COURTROOM NOTES: FAIRNESS HEARING (UWC) − at Decatur, AL − opening remarks of the court − written order to be entered by the court − (Tommy Dempsey, rptr.) (DGS) (Entered: 09/24/2001)
45 ORDER (Consent Decree applicable to the Plaintiff Class & the County Dfts) that the court finds the Proposed Consent Decree is FINALLY APPROVED in accordance w/ the provisions as set out in this Order filed ( by Chief Judge U W. Clemon ) cm (DWC) (Entered: 09/25/2001)
46 ORDER granting motion for permanent injunction [21−1]; the dft Mike Haley, in his official capacity, his agents, managers, supervisors, employees & successors is PERMANENTLY ENJOINED from failing to transfer at least one state ready inmate from the Morgan Cty Jail to a state prison for each state ready inmate transferred to a state prison from any other county jail in the State of AL, until ordered by the Court filed ( by Chief Judge U W. Clemon ) cm (DWC) (Entered: 09/25/2001)
47 ORDER (Final Judgment) consistent w/ the Consent Decree Applicable to the Plaintiff Class & the County Dfts & the Permanent Injunction this case is DISMISSED w/o prej; costs are taxed equally against the County Dfts & the State Dfts as set out filed: ( by Chief Judge U W. Clemon ), to dismiss case cm (DWC) (Entered: 09/25/2001)
48 MOTION by pla for costs & attorney fees filed cs (DWC) (Entered: 10/04/2001)
49 48 − ORDER denying motion for costs & attorney fees [48−1] ( by Chief Judge U W. Clemon ) entered cm (DWC) (Entered: 10/12/2001)
50 ORDER that on his request, James F Brown III, is STRICKEN as a named pla & class representative; as a class member, said party is bound by the decision in this case filed ( by Chief Judge U W. Clemon ) cm (DWC) (Entered: 10/12/2001)
DOCKET modification (utility event) dismissing party James Brown pursuant to 10/12/01 order see doc 50 (DWC) (Entered: 10/12/2001)
51 REQUEST (Letter) by pla James Brown to be withdrawn from this civil suit filed (DWC) (Entered: 10/12/2001)
52 MOTION by pla to withdraw pla's motion for atty's fees [48−1] filed cs (DWC) (Entered: 10/15/2001)
53 52 − ORDER granting motion to withdraw pla's motion for atty's fees [48−1] [52−1] ( by Chief Judge U W. Clemon ) entered cm (DWC) (Entered: 10/25/2001)
DOCKET modification (utility event) withdrawing motion for costs & attorney fees [48−1] pursuant to 10/25/01 order see doc 53 (DWC) (Entered: 10/25/2001)

Case: 5:01-cv-851 As of: 10/15/2017 12:24 PM CDT 20 of 30

12/11/2001 12/20/2001 06/12/2002 06/27/2002 06/13/2003 06/17/2003 09/20/2005 12/01/2005 12/05/2005
12/08/2005
02/17/2006 02/17/2006 02/17/2006 03/08/2006 03/08/2006 03/10/2006
03/13/2006 03/14/2006

54 MOTION by movant Robert E Walker III to intervene as a party to this class action issue pursuant to Rule 24 filed cs (DWC) (Entered: 12/11/2001)
55 54 − ORDER movant Robert E Walker's motion to intervene as a party to this class action issue [54−1] is OVERRULED w/o prej ( by Chief Judge U W. Clemon ) entered cm (DWC) (Entered: 12/21/2001)
56 MOTION (Request) by movant Robert E Walker III for order allowing movant Robert Walker III a copy of the transcript w/o cost w/declaration in support filed cs (DWC) Modified on 06/13/2002 (Entered: 06/13/2002)
57 56 − ORDER that movant Robert Walker III's motion for order allowing said movant a copy of the transcript w/o cost [56−1] is OVERRULED w/o prej ( by Chief Judge U W. Clemon ) entered cm (DWC) (Entered: 06/27/2002)
58 JOINT MOTION by plas & County dfts to modify Consent Decree as set out filed (DWC) (Entered: 06/16/2003)
59 58 − ORDER granting joint motion to modify paragraph 27 of the Consent Decree entered 9/25/01 as set out [58−1] (by Chief Judge U W. Clemon) entered cm (Former Employee) (Entered: 06/18/2003)
60 MOTION Amend Consent Decree re 45 Order by Johnny Maynor. (Velez, Melanie) (Entered: 09/20/2005)
61 STATUS REPORT and Request for Extension of Completion Deadline by Morgan County, AL, Myra Yates, Larry Bennich, Jeff Clark, Don Stisher, Stacy George, Faye Sparkman. (Royer, George) (Entered: 12/01/2005)
62 NOTICE by Don Siegelman, Mike Haley, Morgan County, AL, Steve Crabbe, Myra Yates, Larry Bennich, Jeff Clark, Don Stisher, Stacy George, Faye Sparkman re 61 Status Report of Submission of Affidavit of James Davis (Royer, George) (Entered: 12/05/2005)
ORDER GRANTING Joint Motion to Amend Consent Decree 60 ; defendant's Request for Extension of Completion Deadline 61 is hereby GRANTED and is EXTENDED until January 15, 2006. Signed by Judge U W Clemon on December 8, 2005. (SRJ, req of RM) (Entered: 12/08/2005)
63 NOTICE of Appearance by Donald R Rhea on behalf of Steve Crabbe (Rhea, Donald) (Entered: 02/17/2006)
64 MOTION for Protective Order by Greg Bartlett by Steve Crabbe. (Rhea, Donald) (Entered: 02/17/2006)
65 MOTION to Dismiss by Myra Yates. (Rhea, Donald) (Entered: 02/17/2006)
ORDER GRANTING 65 Motion to Dismiss . Signed by Judge U W Clemon on March 8, 2006. (SRJ, req of RM) (Entered: 03/08/2006)
66 NOTICE of Hearing on Motion 64 MOTION for Protective Order by Greg Bartlett: Motion Hearing set for 3/15/2006 02:00 PM before Chief Judge U W Clemon, in Decatur, Alabama. (DGS, ) (Entered: 03/08/2006)
67 MOTION to Withdraw of William E. Shinn, Jr., and George W. Royer, Jr., as Counsel for Defendant Sheriff Greg Bartlett by Morgan County, AL, Steve Crabbe, Larry Bennich, Jeff Clark, Don Stisher, Stacy George, Faye Sparkman. (Royer, George) (Entered: 03/10/2006)
ORDER granting 67 Motion to Withdraw . Signed by Judge U W Clemon on 3/13/2006. (SRJ, req of RM) (Entered: 03/13/2006)
68 STATUS REPORT Plaintiffs' Pre−hearing Submission Regarding Transition to the New Morgan County Jail by Johnny Maynor. (Attachments: # 1 Appendix Index of Attachments# 2 Exhibit Attachment 1 Staffing Plan A (Nov 2005)# 3 Exhibit Attachment 2 Staffing Plan Undated# 4 Exhibit Decatur Daily article# 5 Exhibit Letter from Hendrix to Shinn# 6 Exhibit Ltr from Rohr to Shinn# 7 Exhibit Ltr from Velez & Kung to Shinn)(Velez, Melanie) (Entered: 03/14/2006)

Case: 5:01-cv-851 As of: 10/15/2017 12:24 PM CDT 21 of 30

03/14/2006 03/15/2006
03/21/2006 03/21/2006
04/25/2006 05/02/2006 05/23/2006 05/23/2006
05/23/2006 05/23/2006 05/23/2006 12/17/2007
12/27/2007 11/03/2008 11/06/2008 11/10/2008

69 Statement of Facts in Support of Position of Sheriff Greg Bartlett by Steve Crabbe. (Rhea, Donald) (Entered: 03/14/2006)
Minute Entry for proceedings held before Judge U W Clemon : Motion Hearing held on 3/15/2006 re 64 MOTION for Protective Order by Greg Bartlett filed by Steve Crabbe − opening remarks of the court − testimony of defendant Sheriff − defendant Sheriff rests − testimony of defendant Morgan Co. Commission − defendant Morgan Co. Commission rests − testimony of plaintiffs − plaintiffs rest − taken under submission − written order to be entered by the court. (Court Reporter Penny Enoch.) (DGS, ) (Entered: 03/16/2006)
70 MEMORANDUM OPINION. Signed by Judge U W Clemon on March 21, 2006. (SRJ, ) (Entered: 03/21/2006)
71 ORDER consistent with the Court's accompanying Memorandum Opinion 70 , the Consent Decree as supplemented and amended by Order of 9/8/2005 is hereby INTERPRETED to mean that in the event three (3) pods of the new jail are occupied they must be staffed collectively by at least eight−eight (88) officers. Signed by Judge U W Clemon on March 21, 2006. (SRJ, ) (Entered: 03/21/2006)
73 ORDER −County defendants are hereby ORDERED to file with the court a complete and full accounting of all meetings, deliberations and recommendations of the Task Force within 30 days as set out in order. Signed by Judge U W Clemon on 4/25/06. (MAA, ) (Entered: 04/25/2006)
74 Remark − Court's Order entered April 25, 2006 73 mailed to Robert E. Walker, III was returned stamp marked "Return To Sender" and noted EOS 7/29/2002 (end of sentence). (SRJ, ) (Entered: 05/09/2006)
75 STATUS REPORT Regarding Activities of Task Force by Morgan County, AL, Larry Bennich, Jeff Clark, Don Stisher, Stacy George, Faye Sparkman. (Royer, George) (Entered: 05/23/2006)
76 AFFIDAVIT re 75 Status Report of William E. Shinn Jr. by Morgan County, AL, Larry Bennich, Jeff Clark, Don Stisher, Stacy George, Faye Sparkman. (Attachments: # 1 Exhibits 1 through 38 to the Affidavit of William E. Shinn Jr.# 2 Exhibits 39 through 63 to the Affidavit of William E. Shinn Jr.)(Royer, George) (Entered: 05/23/2006)
77 AFFIDAVIT re 75 Status Report of Myra Yates and Exhibit Thereto by Morgan County, AL, Larry Bennich, Jeff Clark, Don Stisher, Stacy George, Faye Sparkman. (Royer, George) (Entered: 05/23/2006)
78 AFFIDAVIT re 75 Status Report of Carol Long and Exhibit Thereto by Morgan County, AL, Larry Bennich, Jeff Clark, Don Stisher, Stacy George, Faye Sparkman. (Royer, George) (Entered: 05/23/2006)
79 NOTICE by Steve Crabbe of Submission in Compliance with Court Directive filed by Sheriff Greg Bartlett (Attachments: # 1 Affidavit of Greg Bartlett)(Rhea, Donald) (Entered: 05/23/2006)
80 ORDER for DISBURSEMENT OF FUNDS: The Clerk of Court is hereby AUTHORIZED and DIRECTED to draw a Check on the Funds on deposit in the Treasury Registry of the Court in the amount of Five Dollars ($5.00) payable to Tamara Serwer and mail/deliver to same. Signed by Judge U W Clemon on December 17, 2007. (SRJ, ) (Entered: 12/17/2007)
81 Remark − a copy of Court's Disbursement Order, doc. # 80 previously mailed to Robert E. Walker, III was returned with the envelope stamp marked "return to sender", "no longer here", and "eos, end of sentence". (SRJ, ) . (Entered: 01/09/2008)
82 MOTION to Amend Consent Decree and REQUEST for an Evidentiary Hearing filed by Darius Chambers. (SRJ, ) (Entered: 11/06/2008)
83 MOTION for Sanctions filed by Darius Chambers. (SRJ, ) (Entered: 11/06/2008)
84 ORDER REQUIRING REPORT to the Court by Class Counsel within forty−five (45) days re Motion for Amendment to Consent Decree 82 . Signed by Judge U W Clemon on 11/10/08. (Clemon, U) . (Entered: 11/10/2008)

Case: 5:01-cv-851 As of: 10/15/2017 12:24 PM CDT 22 of 30

12/23/2008 12/30/2008 12/30/2008
12/30/2008 01/05/2009 01/06/2009 01/07/2009 01/07/2009 01/08/2009 01/08/2009 01/08/2009 01/09/2009 01/09/2009 01/09/2009 01/09/2009 01/15/2009 01/19/2009 01/21/2009 01/23/2009 01/26/2009

85 STATUS REPORT Submitted by Plaintiffs by Johnny Maynor. (Velez, Melanie) (Entered: 12/23/2008)
86 ORDER TO SHOW CAUSE Show Cause Hearing set for 1/7/2009 10:00 AM before Judge U W Clemon.. Signed by Judge U W Clemon on 12/30/08. (Clemon, U) (Entered: 12/30/2008)
87 CORRECTED SHOW CAUSE ORDER. Show cause hearing set for Wednesday, January 7, 2009 at 10:00 a.m. at the Federal Courthouse in Decatur, Alabama. Pre−conference hearing set for Monday, January 5, 2009 at 4:00 p.m. at the Federal Courthouse in Decatur, Alabama. Signed by Judge U W Clemon on 12/30/08. (Clemon, U) Modified on 12/30/2008 (KLL, ). copies of order faxed to counsel in case 5:08cr330−UWC (Entered: 12/30/2008)
Remark: copies of order, doc 87 , mailed to SCHR & Robert Walker, via US Regular Mail (KLL, ) (Entered: 12/30/2008)
Minute Entry for proceedings held before Judge U W Clemon: Pre−Hearing Conference held on 1/5/2009. (Court Reporter Sabrina Lewis.) (KLL, ) Modified on 1/5/2009 (KLL, ). (Entered: 01/05/2009)
88 NOTICE OF WRIT OF HABEAS CORPUS AD TESTIFICANDUM re show cause hearing set for Wednesday, January 7, 2009 at 10:00 at the Federal Courthouse in Decatur, Alabama. (KLL, ) (Entered: 01/06/2009)
89 ORDER OF CONTEMPT. Signed by Judge U W Clemon on 01/07/09. (Clemon, U) (Entered: 01/07/2009)
Minute Entry for proceedings held before Judge U W Clemon: Show Cause Hearing held on 1/7/2009. Separate order to be entered by the Court. (Court Reporter Sabrina Lewis.) (KLL, ) (Entered: 01/08/2009)
90 ORDER. Signed by Judge U W Clemon on 01/08/09. (Clemon, U) (Entered: 01/08/2009)
91 MOTION to Amend/Correct Modify the Consent Decree by Johnny Maynor. (Velez, Melanie) (Entered: 01/08/2009)
92 FINDINGS OF FACT AND CONCLUSIONS OF LAW (See document #95 for Amended Findings of Fact). Signed by Judge U W Clemon on January 8, 2009. (Clemon, U)(SRJ, ) (Entered: 01/09/2009)
93 RESPONSE in Opposition re 91 MOTION to Amend/Correct Modify the Consent Decree filed by Morgan County, AL. (Royer, George) (Entered: 01/09/2009)
94 ORDER granting 91 Pls' Motion to Amend/Correct consent decree.. Signed by Judge U W Clemon on 1/9/09. (DJS, ) (Entered: 01/09/2009)
95 FINDINGS OF FACT AND CONCLUSIONS OF LAW. Signed by Judge U W Clemon on January 9, 2009. (SRJ, ) . (Entered: 01/09/2009)
96 ORDER. Signed by Judge U W Clemon on 01/09/09. (Clemon, U) (Entered: 01/09/2009)
97 ORDER that the Motions to Amend the Consent Decree 82 and for Sanctions 83 is hereby Moot [NO WRITTEN ORDER]. Signed by Judge U W Clemon on January 15, 2009. (SRJ, ) (Entered: 01/15/2009)
98 NOTICE of Change of Address by George W Royer, Jr (Royer, George) (Entered: 01/19/2009)
99 MOTION for New Trial or Motion for Reconsideration of Sheriff Greg Bartlett by Steve Crabbe. (Rhea, Donald) (Entered: 01/21/2009)
100 NOTICE of Appearance by Brooke M Sealy on behalf of all plaintiffs (Sealy, Brooke) (Entered: 01/23/2009)
101 RESPONSE in Opposition re 99 MOTION for New Trial or Motion for Reconsideration of Sheriff Greg Bartlett filed by Johnny Maynor. (Sealy, Brooke) (Entered: 01/26/2009)

Case: 5:01-cv-851 As of: 10/15/2017 12:24 PM CDT 23 of 30

01/26/2009 01/27/2009 01/27/2009
02/06/2009 02/09/2009 02/09/2009 02/11/2009 02/17/2009 03/04/2009
09/03/2009
10/09/2009 12/07/2009
09/16/2010 05/18/2015 05/19/2015 05/19/2015

102 Second MOTION to Amend/Correct Modify Consent Decree by Johnny Maynor. (Sealy, Brooke) (Entered: 01/26/2009)
103 ORDER denying 99 Motion for New Trial. Signed by Judge U W Clemon on 01/27/09. (Clemon, U) (Entered: 01/27/2009)
104 ORDER: Plaintiffs' Motion for Modification of the Consent Decree 102 is hereby GRANTED; FURTHER ORDERED that Paragraphs 33 and 22 of the Consent Decree 45 are hereby AMENDED to include provisions AS SET FORTH in this Order. Signed by Judge U W Clemon on 01−851. (SRJ, ) . (Entered: 01/27/2009)
105 NOTICE OF APPEAL by Steve Crabbe. Filing fee $ 455. (Rhea, Donald) (Entered: 02/06/2009)
106 USCA Appeal Fees received $455.00 Receipt Number 200 254076 re 105 Notice of Appeal filed by Steve Crabbe (SRJ, ) (Entered: 02/11/2009)
107 TRANSCRIPT REQUEST by Steve Crabbe for proceedings held on January 7, 2009 before Judge U.W. Clemon. (SRJ, ) (Entered: 02/11/2009)
Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 105 Notice of Appeal. (SRJ, ) (Entered: 02/11/2009)
108 USCA Case Number 09−10703−J for 105 Notice of Appeal filed by Steve Crabbe. (SRJ, ) (Entered: 02/20/2009)
109 Transcript of Proceedings held on January 7, 2009, before Judge U.W. Clemon. Court Reporter/Transcriber Sabrina Lewis, Telephone number 205−278−2065. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (See Transcript Redaction Policy) Redaction Request due 3/25/2009. Redacted Transcript Deadline set for 4/6/2009. Release of Transcript Restriction set for 6/2/2009. (SRJ, ) (Entered: 03/06/2009)
Pursuant to F.R.A.P. 11(c), the Clerk of the District Court for the Northern District of Alabama certifies that the record is complete for purposes of this appeal re: 105 Notice of Appeal, Appeal No. 09−10703. The entire record on appeal is available electronically, or The record on appeal is available electronically with the exception of? (SRJ, ) (Entered: 09/03/2009)
110 MOTION to Withdraw as Attorney Brooke Sealy by Johnny Maynor. (Sealy, Brooke) (Entered: 10/09/2009)
111 ORDER of USCA that the defendants' Motion to Dismiss is hereby Granted, issued as the MANDATE of the US Court of Appeals−11th Circuit on December 02, 2009 before USCA Chief Judge DUBINA and Circuit Judges BIRCH and SILER as to 105 Notice of Appeal.(SRJ, ) (Entered: 12/07/2009)
ORDER granting 110 Motion to Withdraw as Attorney. Attorney Brooke M Sealy terminated. Signed by Judge Abdul K Kallon on 09/16/10. (CVA) (Entered: 09/16/2010)
112 NOTICE by Johnny Maynor Notice of Withdrawal (Velez, Melanie) (Entered: 05/18/2015)
113 NOTICE of Appearance by Crystal Redd on behalf of All Plaintiffs (Redd, Crystal) (Entered: 05/19/2015)
114 MOTION for Limited Admission Pro Hac Vice by Yvette Barbee, Joseph Bowie, James Brown, Kelvin Cowan, McArthur Green, Kristy Leigh Griffin, Carrie Jackson, Johnny Maynor, Anthony Murphree, Christopher Nichols, Cleveland Owens, Willie Perry, Alnas Russell, Maurice Sears, Billy Ray Smith, Michael Vaughn. (Attachments: # 1 Exhibit GA Bar certificate of good standing, # 2 Exhibit US District Ct−NDGA certifcate of good standing)(Redd, Crystal) (Entered: 05/19/2015)

Case: 5:01-cv-851 As of: 10/15/2017 12:24 PM CDT 24 of 30

01/17/2017 01/24/2017 01/25/2017
01/26/2017 01/26/2017 01/26/2017 01/26/2017
01/26/2017 01/26/2017 01/27/2017
01/27/2017 01/30/2017 01/30/2017 01/31/2017
02/17/2017 02/21/2017 02/21/2017

115 MOTION Requesting a Show Cause Order for Civil Contempt by John Andrew Kister. (YMB) (Entered: 01/18/2017)
116 Case Reassigned to Judge Abdul K Kallon. Judge Judge U W Clemon no longer assigned to the case. (YMB) (Entered: 01/24/2017)
117 *RESCINDED*, pursuant to 127 Order. ORDER Setting Briefing Schedule re Movant Kister's 115 Motion Requesting a Show Cause Order for Civil Contempt. Dft's response is due by 2/3/2017; plff's reply is due by 2/8/2017. Signed by Judge Abdul K Kallon on 1/25/2017. Copy served on movant on this date. (YMB) Modified on 1/31/2017 (YMB). (Entered: 01/25/2017)
118 NOTICE of Appearance by David W Langston on behalf of Morgan County, AL (Langston, David) (Entered: 01/26/2017)
119 NOTICE of Appearance by Barnes F Lovelace, Jr on behalf of Morgan County, AL (Lovelace, Barnes) (Entered: 01/26/2017)
120 MOTION to Withdraw as Attorney for all Commissioners of Morgan County, Alabama and Morgan County, Alabama by Morgan County, AL. (Shinn, William) (Entered: 01/26/2017)
121 ORDER: Telephonic Status Conference is set for 1/30/2017, at 2:00 PM, before Judge Abdul K Kallon. Parties are directed to call 888−557−8511, access code 4541204, five minutes prior to the designated call time. Signed by Judge Abdul K Kallon on 1/26/2017. (YMB) (Entered: 01/26/2017)
122 NOTICE of Appearance by T Mark Maclin on behalf of Larry Bennich, Jeff Clark, Steve Crabbe, Stacy George, Morgan County, AL, Faye Sparkman, Don Stisher, Myra Yates (Maclin, T) (Entered: 01/26/2017)
123 MOTION to Withdraw as Attorney by Larry Bennich, Larry Bennich, Jeff Clark, Jeff Clark, Stacy George, Stacy George, Morgan County, AL, Faye Sparkman, Faye Sparkman, Don Stisher, Don Stisher. (Royer, George) (Entered: 01/26/2017)
124 ORDER Granting 120 Motion to Withdraw as Attorney for all Commissioners of Morgan County, Alabama and Morgan County, Alabama. Attorney William E Shinn, Jr terminated. Signed by Judge Abdul K Kallon on 1/27/2017. (YMB) (Entered: 01/27/2017)
125 ORDER Granting 123 Motion to Withdraw as Attorney. Attorney George W Royer, Jr terminated. Signed by Judge Abdul K Kallon on 1/27/2017. (YMB) (Entered: 01/27/2017)
126 NOTICE of Appearance by Sarah Elisabeth Geraghty on behalf of All Plaintiffs (Geraghty, Sarah) (Entered: 01/30/2017)
Minute Entry for proceedings held before Judge Abdul K Kallon: Telephone Conference held on 1/30/2017. Documents are to be produced as outlined on the conference call. (KSS) (Entered: 01/30/2017)
127 ORDER that consistent with the telephonic status conference held on 1/30/2017, this matter is set for a follow up Telephonic Status Conference on 2/22/2017, at 8:00 a.m. CST, before Judge Abdul K Kallon. Parties are directed to call 888−557−8511, access code 4541204, five minutes prior to the designated call time. The 117 Order Setting Briefing Schedule is RESCINDED. Signed by Judge Abdul K Kallon on 1/30/2017. (YMB) (Entered: 01/31/2017)
128 NOTICE of Appearance by Tammy Shamise−McCabe on behalf of John Andrew Kister (Shamise−McCabe, Tammy) (Entered: 02/17/2017)
129 First MOTION for Leave to Appear Pro Hac Vice APPLICATION FOR ADMISSION PRO HAC VICE TO SERVE AS CO−COUNSEL IN ABOVE−CAPTIONED CASE by John Andrew Kister. (Shamise−McCabe, Tammy) (Entered: 02/21/2017)
PHV Fee paid: $ 50, receipt number 1126−2790762. (Shamise−McCabe, Tammy) ALND rec# B4601078093 Modified on 2/22/2017 (KAM, ). (Entered: 02/21/2017)

Case: 5:01-cv-851 As of: 10/15/2017 12:24 PM CDT 25 of 30

02/21/2017
02/21/2017 02/22/2017 02/22/2017
03/07/2017 03/17/2017 03/17/2017 03/17/2017 03/20/2017
03/20/2017 03/21/2017 03/21/2017 03/22/2017 03/22/2017
03/22/2017 03/23/2017 03/23/2017

130 MOTION for Leave to File Excess Pages by Yvette Barbee, Joseph Bowie, Kelvin Cowan, McArthur Green, Kristy Leigh Griffin, Carrie Jackson, Johnny Maynor, Anthony Murphree, Christopher Nichols, Cleveland Owens, Willie Perry, Alnas Russell, Maurice Sears, Billy Ray Smith, Michael Vaughn. (Attachments: # 1 Exhibit Motion for Order Requiring Sheriff of Morgan County to Show Cause Why She Should Not Be Held in Contempt)(Geraghty, Sarah) (Entered: 02/21/2017)
131 MOTION to Disqualify Counsel by Morgan County, AL. (Maclin, T) (Entered: 02/21/2017)
132 ORDER granting 130 Motion for Leave to File Excess Pages. Pltfs are directed to file their Motion [doc. 130−1] as a separate document. Signed by Judge Abdul K Kallon on 2/22/17. (SMH) (Entered: 02/22/2017)
133 MOTION for Order to Show Cause Why Sheriff of Morgan County Should Not Be Held in Contempt by Yvette Barbee, Joseph Bowie, Kelvin Cowan, McArthur Green, Kristy Leigh Griffin, Carrie Jackson, Johnny Maynor, Anthony Murphree, Christopher Nichols, Cleveland Owens, Willie Perry, Alnas Russell, Maurice Sears, Billy Ray Smith, Michael Vaughn. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Geraghty, Sarah) (Entered: 02/22/2017)
134 ORDER TO SHOW CAUSE Show Cause Hearing set for 3/23/2017 09:00 AM at the Federal Courthouse in Decatur, Alabama before Judge Abdul K Kallon.. Signed by Judge Abdul K Kallon on 3/7/2017. (KAM, ) (Entered: 03/07/2017)
Minute Entry for proceedings held before Judge Abdul K Kallon: Telephone Conference held on 3/17/2017. (KSS) (Entered: 03/17/2017)
135 MOTION for Leave to File Excess Pages by Morgan County, AL. (Lovelace, Barnes) (Entered: 03/17/2017)
136 RESPONSE to Motion re 133 MOTION for Order to Show Cause Why Sheriff of Morgan County Should Not Be Held in Contempt filed by Morgan County, AL. (Lovelace, Barnes) (Entered: 03/17/2017)
137 ORDER denying 115 Motion for contempt, filed by John Kister ; denying 129 Motion of atty Lori Broker for Leave to Appear PHV ; granting 131 Motion to Disqualify Tammy Shamise−McCabe as Counsel. Signed by Judge Abdul K Kallon on 3/20/17. (SMH) (Entered: 03/20/2017)
138 ORDER granting 135 Motion for Leave to File Excess Pages. Signed by Judge Abdul K Kallon on 3/20/17. (SMH) (Entered: 03/20/2017)
139 STIPULATION OF FACTS by Morgan County, AL. filed by Morgan County, AL (Lovelace, Barnes) (Entered: 03/21/2017)
140 Joint MOTION to Continue Hearing by Morgan County, AL. (Lovelace, Barnes) (Entered: 03/21/2017)
141 Order that Joint Motion to Continue Hearing [doc. 140] is GRANTED. The hearing previously set for 3/23/17 is CANCELLED. Signed by Judge Abdul K Kallon on 3/22/17. (SMH) (Entered: 03/22/2017)
142 MOTION for Leave to File Excess Pages by Yvette Barbee, James Brown, Kelvin Cowan, McArthur Green, Kristy Leigh Griffin, Carrie Jackson, Johnny Maynor, Anthony Murphree, Christopher Nichols, Cleveland Owens, Willie Perry, Alnas Russell, Maurice Sears, Billy Ray Smith, Michael Vaughn. (Attachments: # 1 Exhibit Plaintiffs' Reply in Support of Motion for Order Requiring Sheriff to Show Cause Why She Should Not Be Held in Contempt)(Geraghty, Sarah) (Entered: 03/22/2017)
143 MOTION to Strike 142 MOTION for Leave to File Excess Pages , Exhibit "A" by Sheriff Morgan County, Alabama. (Lovelace, Barnes) (Entered: 03/22/2017)
Minute Entry for proceedings held before Judge Abdul K Kallon: Telephone Conference held on 3/23/2017. Written order to be entered by the court. (KSS) (Entered: 03/23/2017)
144 ORDER granting 142 Motion for Leave to File Excess Pages. Signed by Judge Abdul K Kallon on 3/23/17. (SMH) (Entered: 03/23/2017)

Case: 5:01-cv-851 As of: 10/15/2017 12:24 PM CDT 26 of 30

03/23/2017 03/23/2017
03/23/2017 03/28/2017
03/28/2017 03/28/2017 03/29/2017
03/30/2017 03/31/2017 04/03/2017 04/11/2017 04/11/2017 04/11/2017

145 ORDER (Text only) The court has for consideration defendant Sheriff Ana Franklin's Motion to Strike, doc. 143. Plaintiffs' response is due by March 29, 2017, Sheriff Ana Franklin's reply, if any, is due by April 3, 2017. Signed by Judge Abdul K Kallon on 3/23/17. (SMH) (Entered: 03/23/2017)
146 REPLY to Response to Motion re 133 MOTION for Order to Show Cause Why Sheriff of Morgan County Should Not Be Held in Contempt filed by Yvette Barbee, Joseph Bowie, James Brown, Kelvin Cowan, McArthur Green, Kristy Leigh Griffin, Carrie Jackson, Johnny Maynor, Anthony Murphree, Christopher Nichols, Cleveland Owens, Willie Perry, Alnas Russell, Maurice Sears, Billy Ray Smith, Michael Vaughn. (Attachments: # 1 Exhibit Ltr. from Class Counsel to Sheriff, March 16, 2017)(Geraghty, Sarah) (Entered: 03/23/2017)
147 ORDER setting oral argument on limited issue as to MOTION [doc. 133] to Show Cause Why Sheriff of Morgan County Should Not Be Held in Contempt : Motion Hearing set for 4/14/2017 at 1:30 PM at the U.S. Post Office & Courthouse, Decatur, AL before Judge Abdul K Kallon. Signed by Judge Abdul K Kallon on 3/23/17. (SMH) (Entered: 03/23/2017)
148 RESPONSE in Opposition re 143 MOTION to Strike 142 MOTION for Leave to File Excess Pages , Exhibit "A" filed by Yvette Barbee, Joseph Bowie, James Brown, Kelvin Cowan, McArthur Green, Kristy Leigh Griffin, Carrie Jackson, Johnny Maynor, Anthony Murphree, Christopher Nichols, Cleveland Owens, Willie Perry, Alnas Russell, Maurice Sears, Billy Ray Smith, Michael Vaughn. (Geraghty, Sarah) (Entered: 03/28/2017)
149 REPLY to Response to Motion re 143 MOTION to Strike 142 MOTION for Leave to File Excess Pages , Exhibit "A" filed by Sheriff Morgan County, Alabama. (Attachments: # 1 Exhibit A)(Lovelace, Barnes) (Entered: 03/28/2017)
150 MOTION to Terminate Prospective Relief by Sheriff Morgan County, Alabama. (Lovelace, Barnes) (Entered: 03/28/2017)
151 MOTION for Extension of Time to File Response/Reply as to 150 MOTION to Terminate Prospective Relief by Yvette Barbee, Joseph Bowie, James Brown, Kelvin Cowan, McArthur Green, Kristy Leigh Griffin, Carrie Jackson, Johnny Maynor, Anthony Murphree, Christopher Nichols, Cleveland Owens, Willie Perry, Alnas Russell, Maurice Sears, Billy Ray Smith, Michael Vaughn. (Geraghty, Sarah) (Entered: 03/29/2017)
152 ORDER granting 151 Motion for Extension of Time to File Response/Reply. Pltf's response is now due on 4/11/17; deft Sheriff Ana Franklin's reply, if any, is due 4/14/17. Signed by Judge Abdul K Kallon on 3/30/17. (SMH) (Entered: 03/30/2017)
153 MOTION for Leave to File Excess Pages by Sheriff Morgan County, Alabama. (Lovelace, Barnes) (Entered: 03/31/2017)
154 RESPONSE to re 146 filed by Sheriff Morgan County, Alabama. (Lovelace, Barnes) (Entered: 04/03/2017)
155 RESPONSE to Motion re 150 MOTION to Terminate Prospective Relief filed by Yvette Barbee, Joseph Bowie, James Brown, Kelvin Cowan, McArthur Green, Kristy Leigh Griffin, Carrie Jackson, Johnny Maynor, Anthony Murphree, Christopher Nichols, Cleveland Owens, Willie Perry, Alnas Russell, Maurice Sears, Billy Ray Smith, Michael Vaughn. (Geraghty, Sarah) (Entered: 04/11/2017)
156 MOTION to Postpone for 60 Days the Automatic Stay Under 18 U.S.C. 3626(E) by Yvette Barbee, Joseph Bowie, James Brown, Kelvin Cowan, McArthur Green, Kristy Leigh Griffin, Carrie Jackson, Johnny Maynor, Anthony Murphree, Christopher Nichols, Cleveland Owens, Willie Perry, Alnas Russell, Maurice Sears, Billy Ray Smith, Michael Vaughn. (Geraghty, Sarah) (Entered: 04/11/2017)
157 MOTION to Strike 156 MOTION to Postpone for 60 Days the Automatic Stay Under 18 U.S.C. 3626(E), 155 Response to Motion, 146 Reply to Response to Motion,, Exhibit A by Sheriff Morgan County, Alabama. (Lovelace, Barnes) (Entered: 04/11/2017)

Case: 5:01-cv-851 As of: 10/15/2017 12:24 PM CDT 27 of 30

04/11/2017 04/14/2017 04/17/2017 04/18/2017 04/19/2017 04/21/2017 04/27/2017
05/01/2017
05/08/2017 05/08/2017 06/07/2017 06/08/2017
06/13/2017 06/15/2017

158 RESPONSE to Motion re 156 MOTION to Postpone for 60 Days the Automatic Stay Under 18 U.S.C. 3626(E) filed by Sheriff Morgan County, Alabama. (Lovelace, Barnes) (Entered: 04/11/2017)
Minute Entry for proceedings held before Judge Abdul K Kallon: Motion Hearing held on 4/14/2017. (Court Reporter Sabrina Lewis) (KSS) (Entered: 04/21/2017)
159 MOTION to Withdraw as Attorney for "County Defendants" by Larry Bennich, Jeff Clark, Stacy George, Morgan County, AL, Sheriff Morgan County, Alabama, Faye Sparkman, Don Stisher, Myra Yates. (Maclin, T) (Entered: 04/17/2017)
160 MOTION for Leave to File Post−Hearing Brief by Sheriff Morgan County, Alabama. (Attachments: # 1 Exhibit A − Post−Hearing Brief)(Lovelace, Barnes) (Entered: 04/18/2017)
161 ORDER granting 159 Motion to Withdraw as Attorney. Attorney T Mark Maclin terminated. Signed by Judge Abdul K Kallon on 4/19/2017. (KAM, ) (Entered: 04/19/2017)
162 *TEXT ORDER* Granting 143 Motion to Strike and Granting 157 Motion to Strike as stated on the record in open court on 4/14/2017. Signed by Judge Abdul K Kallon on 4/21/2017. (KSS) (Entered: 04/21/2017)
163 ORDER GRANTING Plaintiffs' Motion to Postpone Automatic Stay 60 Days 156 . The Motion to Terminate Prospective Relief, 150 ,is set for Evidentiary Hearing on 6/21/2017 10:00 AM in US Post Office & Courthouse, Decatur, AL before Judge Abdul K Kallon. Signed by Judge Abdul K Kallon on 04/27/2017. (KBB) (Entered: 04/27/2017)
164 MOTION for Leave to File Plaintiffs' Supplemental Brief Concerning the Court's Authority to Impose Contempt Sanctions by Yvette Barbee, Joseph Bowie, James Brown, Kelvin Cowan, McArthur Green, Kristy Leigh Griffin, Carrie Jackson, Johnny Maynor, Anthony Murphree, Christopher Nichols, Cleveland Owens, Willie Perry, Alnas Russell, Maurice Sears, Billy Ray Smith, Michael Vaughn. (Attachments: # 1 Exhibit)(Geraghty, Sarah) (Entered: 05/01/2017)
165 Mail Returned as Undeliverable (Not in Jail) Order 163 sent to Darius Chambers. (KBB) (Entered: 05/08/2017)
166 Mail Returned as Undeliverable (Released) Order 163 sent to Robert E Walker, III. (KBB) (Entered: 05/08/2017)
Minute Entry for proceedings held before Judge Abdul K Kallon: Telephone Conference held on 6/7/2017. (JLC) (Entered: 06/07/2017)
167 SHOW CAUSE ORDER re 133 Motion for Order to Show Cause; The court has for consideration the Motion for Order to Show Cause, 133 ; With the benefit of the Joint Stipulation of Facts, 139 , oral argument, see April 14, 2017 docket entry, and the parties' post−hearing briefings, see docs 160 −1 and 164 , the motion is GRANTED; Sheriff Ana Franklin is ORDERED to appear for a hearing at 10:30 a.m. on June 21, 2017 at the Federal Courthouse in Decatur, Alabama, to SHOW CAUSE why the court should not hold her in contempt for violating the provisions of the consent decree. Signed by Judge Abdul K Kallon on 6/7/2017. (KBB) (Entered: 06/08/2017)
168 Joint MOTION for Entry of Order re 150 MOTION to Terminate Prospective Relief, 133 MOTION for Order to Show Cause Why Sheriff of Morgan County Should Not Be Held in Contempt by Sheriff Morgan County, Alabama. (Attachments: # 1 Text of Proposed Order)(Lovelace, Barnes) (Entered: 06/13/2017)
169 ORDER re 168 Joint MOTION for Entry of Order; the Court having considered the same and the pleadings filed in this action, and the matters presented to the Court at the hearing in this action held on April 14, 2017, the Court does hereby enter the following Order as further set out within; The Court notes that as part of the parties' settlement and resolution of the Motions pending in this action that Sheriff Franklin has waived and relinquished her right to file an appeal from this Order; The entry of this Order disposes of all pending matters before the Court in this action and the hearing set for 10:30 a.m. on June 21, 2017 is CANCELED. Signed by Judge Abdul K Kallon on 06/15/2017. (KBB) (Entered: 06/15/2017)

Case: 5:01-cv-851 As of: 10/15/2017 12:24 PM CDT 28 of 30

06/15/2017 06/26/2017 06/26/2017 06/27/2017 06/27/2017
06/27/2017 06/29/2017
07/05/2017 07/05/2017
07/17/2017 07/17/2017 07/21/2017
07/24/2017

170 Mail Returned as Undeliverable (Insufficient Address Unable to Forward) as to Order 167 mailed to Robert E Walker, III. (KBB) (Entered: 06/15/2017)
171 Mail Returned as Undeliverable (Not in Jail) as to Order 169 mailed to Darius Chambers. (KBB) (Entered: 06/26/2017)
172 Mail Returned as Undeliverable (Not in Jail) as to Show Cause Order 167 mailed to Darius Chambers. (KBB) (Entered: 06/26/2017)
173 MOTION to Terminate Consent Decree by Morgan County, AL, Sheriff Morgan County, Alabama. (Lovelace, Barnes) Modified on 6/27/2017 (KBB, ). (Entered: 06/27/2017)
174 Consent MOTION for Extension of Time to File Response/Reply to Defendants' Motion to Terminate by Yvette Barbee, Joseph Bowie, James Brown, Kelvin Cowan, McArthur Green, Kristy Leigh Griffin, Carrie Jackson, Johnny Maynor, Anthony Murphree, Christopher Nichols, Cleveland Owens, Willie Perry, Alnas Russell, Maurice Sears, Billy Ray Smith, Michael Vaughn. (Redd, Crystal) (Entered: 06/27/2017)
175 Mail Returned as Undeliverable (Attempted Not Known) as to Order 169 mailed to Robert E Walker, III. (KBB) (Entered: 06/27/2017)
176 MOTION for Hearing Evidentiary Hearing, To Postpone for 60 Days the Automatic Stay under 18 U.S.C. 3626(E), and for Document Production by Yvette Barbee, Joseph Bowie, James Brown, Kelvin Cowan, McArthur Green, Kristy Leigh Griffin, Carrie Jackson, Johnny Maynor, Anthony Murphree, Christopher Nichols, Cleveland Owens, Willie Perry, Alnas Russell, Maurice Sears, Billy Ray Smith, Michael Vaughn. (Redd, Crystal) (Entered: 06/29/2017)
177 ORDER granting 174 Motion for Extension of Time to File Response/Reply; Consistent with the Motion for Extension of Time, 174 , which is GRANTED, Plaintiffs' response is now due on July 17, 2017. Signed by Judge Abdul K Kallon on 07/05/2017. (KBB) (Entered: 07/05/2017)
178 Joint MOTION for Entry of Consent Order 176 MOTION for Hearing Evidentiary Hearing, To Postpone for 60 Days the Automatic Stay under 18 U.S.C. 3626(E), and for Document Production Joint Motion for Entry of Consent Order by Yvette Barbee, Joseph Bowie, James Brown, Kelvin Cowan, McArthur Green, Kristy Leigh Griffin, Carrie Jackson, Johnny Maynor, Anthony Murphree, Christopher Nichols, Cleveland Owens, Willie Perry, Alnas Russell, Maurice Sears, Billy Ray Smith, Michael Vaughn. (Redd, Crystal) Modified on 7/5/2017 (KBB, ). (Entered: 07/05/2017)
179 Mail Returned as Undeliverable. Mail sent to Robert E. Walker, III re 177 Order. (JLC) (Entered: 07/17/2017)
180 RESPONSE to Motion re 173 MOTION Motion to Terminate Consent Decree filed by Yvette Barbee, Joseph Bowie, James Brown, Kelvin Cowan, McArthur Green, Carrie Jackson, Johnny Maynor, Anthony Murphree, Christopher Nichols, Cleveland Owens, Willie Perry, Alnas Russell, Maurice Sears, Billy Ray Smith, Michael Vaughn. (Redd, Crystal) (Entered: 07/17/2017)
181 CONSENT ORDER re 176 Motion for Evidentiary Hearing and 178 Joint Motion for Entry of a Consent Order; it is ORDERED that the motion is granted as follows: dft's Motion 173 to Terminate the Consent Order is set for Evidentiary Hearing on 9/21/2017 at 9:00 AM at the US Post Office & Courthouse, Decatur, AL before Judge Abdul K Kallon; and for good cause shown by Plaintiffs, the effective date of the automatic stay specified is postponed by 60 days from the date on which it would otherwise go into effect, July 27, 2017; The stay will go into effect on September 25, 2017; Defendants are to produce to Plaintiffs counsel all of the documents listed at Paragraph 10 of their motion by no later than July 24, 2017. Signed by Judge Abdul K Kallon on 07/21/2017. (KBB) (Entered: 07/21/2017)
NOTICE of Hearing (CHANGING TIME ONLY): Evidentiary Hearing set for 9/21/2017 at 12:30 PM in US Post Office & Courthouse, Decatur, AL before Judge Abdul K Kallon. (KSS) (Entered: 07/24/2017)

Case: 5:01-cv-851 As of: 10/15/2017 12:24 PM CDT 29 of 30

07/24/2017 07/24/2017 07/31/2017 07/31/2017 08/22/2017
09/01/2017
09/01/2017 09/01/2017 09/06/2017 09/06/2017
09/11/2017 09/13/2017 09/15/2017 09/15/2017 09/15/2017 09/18/2017 09/19/2017
09/25/2017

182 MOTION to Amend/Correct 173 MOTION Motion to Terminate Consent Decree by Morgan County, AL, Sheriff Morgan County, Alabama. (Lovelace, Barnes) (Entered: 07/24/2017)
183 Mail Returned as Undeliverable (Refused) as to Order 177 mailed to Darius Chambers. (KBB) (Entered: 07/24/2017)
184 Mail Returned as Undeliverable (Refused) as to Consent Order 181 mailed to Robert E Walker III. (KBB) (Entered: 07/31/2017)
185 Mail Returned as Undeliverable (Not in Jail) as to Consent Order 181 mailed to Darius Chambers. (KBB) (Entered: 07/31/2017)
186 Joint MOTION re 173 MOTION Motion to Terminate Consent Decree , 182 MOTION to Amend/Correct 173 MOTION Motion to Terminate Consent Decree by Sheriff Morgan County, Alabama. (Attachments: # 1 Exhibit A − Proposed Order)(Lovelace, Barnes) (Entered: 08/22/2017)
187 MOTION for Limited Admission by Yvette Barbee, Joseph Bowie, James Brown, Kelvin Cowan, McArthur Green, Kristy Leigh Griffin, Carrie Jackson, Johnny Maynor, Anthony Murphree, Christopher Nichols, Cleveland Owens, Willie Perry, Alnas Russell, Maurice Sears, Billy Ray Smith, Michael Vaughn. (Attachments: # 1 Exhibit Letter of Good Standing)(Littman, Aaron) (Entered: 09/01/2017)
188 NOTICE of Appearance by Aaron Michael Littman on behalf of All Plaintiffs (Littman, Aaron) (Entered: 09/01/2017)
PHV Fee paid: $ 50, receipt number 1126−2923476 (NDAL Rec# B4601082828). (Littman, Aaron) Modified on 9/1/2017 (KBB). (Entered: 09/01/2017)
NOTICE of Hearing: Hearing set for 10/4/2017 and 10/5/2017 at 09:00 AM in US Post Office & Courthouse, Decatur, AL before Judge Abdul K Kallon. (KSS) (Entered: 09/06/2017)
189 ORDER granting 173 Motion to Terminate Prospective Relief; granting 182 Motion to Amend/Correct; granting 186 Motion Joint Motion for Entry of an Order; The court having been presented with a Joint Motion by the parties for Entry of an Order, 186 , and the court having considered the same and the pleadings filed in this action, the court does hereby enter the following Orderas set out further within; Accordingly, the Joint Motion for Entry of an Order, 186 , and the Motion to Terminate Prospective Relief, 173 , as amended, 182 , are GRANTED. Signed by Judge Abdul K Kallon on 09/06/2017. (KBB) (Entered: 09/06/2017)
190 ORDER granting 187 Motion for Limited Admission; Plaintiffs' Unopposed Motion for Admission Pro Hac Vice of Aaron Littman 187 is GRANTED. Signed by Judge Abdul K Kallon on 09/11/2017. (KBB) (Entered: 09/11/2017)
191 Mail Returned as Undeliverable. (Not in Jail) as to Order 189 mailed to Darius Chambers. (KBB) (Entered: 09/13/2017)
192 MOTION To Preserve Consent Decree Issues or Rule 24 Intervention by John Andrew Kister. (KBB) (Entered: 09/15/2017)
193 MOTION for Writ of Habeas Corpus ad testificandum by John Andrew Kister. (KBB) (Entered: 09/15/2017)
194 MOTION for Document Production by John Andrew Kister. (KBB) (Entered: 09/15/2017)
195 Mail Returned as Undeliverable as to Order 190 mailed to Darius Chambers. (KBB) (Entered: 09/18/2017)
196 RESPONSE to Motion re 193 MOTION for Writ of Habeas Corpus ad testificandum, 192 MOTION To Preserve Consent Decree Issues or Rule 24 Intervention, 194 MOTION to Produce filed by Morgan County, AL, Sheriff Morgan County, Alabama. (Lovelace, Barnes) (Entered: 09/19/2017)
197 Mail Returned as Undeliverable (Refused−Not Listed) as to Order 190 mailed to Robert E Walker, III. (KBB) (Entered: 09/25/2017)

Case: 5:01-cv-851 As of: 10/15/2017 12:24 PM CDT 30 of 30

09/28/2017 10/03/2017 10/03/2017
10/04/2017 10/05/2017
10/06/2017 10/11/2017 10/13/2017

198 Joint MOTION for Entry of Order by Morgan County, AL, Sheriff Morgan County, Alabama. (Attachments: # 1 Exhibit Proposed Order)(Lovelace, Barnes) (Entered: 09/28/2017)
199 PRE−HEARING Brief BY SHERIFF ANA FRANKLIN AND MORGAN COUNTY, ALABMAMA re 173 MOTION Motion to Terminate Consent Decree , 180 Response to Motion, 182 MOTION to Amend/Correct 173 MOTION Motion to Terminate Consent Decree . (Lovelace, Barnes) Modified on 10/3/2017 (KBB). (Entered: 10/03/2017)
200 ORDER granting 198 Joint Motion for Entry of an Order; The court has for consideration the parties' Joint Motion for Entry of an Order, 198 ; Having considered the motion and the pleadings filed in this action the court hereby enters this order as set out within; Accordingly, the Joint Motion for Entry of an Order, 198 , is GRANTED; The Motion to Terminate Prospective Relief, 173 , as amended, 182 , is granted as to the provisions listed in paragraph seven within. Signed by Judge Abdul K Kallon on 10/3/2017. (KBB) (Entered: 10/03/2017)
Minute Entry for proceedings held before Judge Abdul K Kallon: Hearing held on 10/4/2017. Dft's Oral Motion in Limine−Denied as stated on the record. Plaintiffs' testimony begun−witnesses 1) Kelly Coffman (Expert); 2) Kevin Crowder. Dft witnesses 1) Dr. Shankar Yalamanchili. Daily adj. (Court Reporter Sabrina Lewis) (KSS) (Entered: 10/06/2017)
Minute Entry for proceedings held before Judge Abdul K Kallon: Hearing held on 10/5/2017. Plaintiffs' testimony resumed with witness 1) Jessica Whitaker. Oral Motion Under Rule 52(C)filed−carry with case. Plas' rests. Dfts' testimony begun with witnesses 1) Nichlas Barton; 2) Charlotte Turner; 3) Johnny Bates; 4) Ann Franklin. Dfts' rests. Response briefs due 10/23/2017, reply if any, due 10/30/2017. Court adj. (Court Reporter Sabrina Lewis) (KSS) (Entered: 10/06/2017)
201 ORDER re Consistent with the hearing in open court on October 5, 2017, class counsel has until October 23, 2017 to respond to Defendant's pre−hearing brief, 199 ; The Defendants' response, if any, is due October 30, 2017. Signed by Judge Abdul K Kallon on 10/6/2017. (KBB) (Entered: 10/06/2017)
202 Exhibit List by Johnny Maynor. (Attachments: # 1 Exhibit 1 Video see original file, # 2 Exhibit 2, # 3 Exhibit 3)(KSS) (Entered: 10/11/2017)
203 Mail Returned as Undeliverable (Not in Jail) as to Order 200 mailed to Darius Chambers (KBB) (Entered: 10/13/2017)