Law v. Britt

JI-NC-001-001

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF NORTH CAROLINA

RALEIGH DIVISION

- •

ANDRE LAW, et al., by their next friend Jeffrey M. Seigle,
Plaintiffs,

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v.
C. ROBIN BRITT, Secretary of Human Resources, et al,
Defendants.

NO. 93-300-CRT-BR

Consolidated with

ANTWAN SIMPSON, Cumberland Regional Juvenile ) Detention Center, SHAUNE KIMBROUGH, Cumberland ) Regional Juvenile Detention Center, STEPHANIE HALL, )
Pitt Regional Juvenile Detention Center, JAIME PATTERSON, Cumberland Regional Juvenile Detention Center, KRIS SHONTEE DAVIS, Buncombe Regional Juvenile Detention Center, EDWARD WILLIAMS, New Hanover Regional Juvenile Detention Center, ALPHONS MITCHELL, New Hanover Regional Juvenile Detention Center, by their next friend Kathryn L. VandenBerg
Plaintiffs,

v.

NO. 5:94-CT-581-BR2

C. ROBIN BRITT, Secretary of Human Resources, etal,
Defendants.

SUBSTITUTE SECOND AMENDED CLASS ACTION COMPLAINT

Pursuant to Rule 15 of the Federal Rules of Civil Procedure, with permission of the court, plaintiffs amend their complaint to state, as follows:

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Preliminary Statement 1. This is a suit in equity for injunctive relief by juveniles detained by the New Hanover, Pitt, Cumberland, Leonard, Gaston, Buncombe and Wilkes Juvenile Detention Centers based on overcrowding, understaffing, inadequate medical care, lack of legally required programs and other conditions of confinement which deprive plaintiffs of their constitutional rights. It is brought by the named individuals as a class action on behalf of all persons confined at the detention centers.
Jurisdiction 2. This court has jurisdiction under 28 U.S.C. Sections 1331 and 1343 for a cause of action under 42 U.S.C. Section 1983.
Parties 3. Antwan Simpson, Shaune Kimbrough and Stephanie Hall are United States citizens under the age of sixteen who, as of the date when the original complaint was filed, were detained at detention centers operated by the Division of Youth Services (DYS) of the North Carolina Department of Human Resources (DHR). 4. Jaime Patterson is a United States citizen under the age of sixteen who is being detained at the Cumberland Regional Juvenile Detention Center, operated by the Division of Youth Services of the North Carolina Department of Human Resources. 5. Kris Shontee Davis is a United States citizen under the age of sixteen who is being detained at the Buncombe Regional Juvenile Detention Center, operated by the Division of Youth Services of the North Carolina Department of Human Resources.

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6. Edward Williams is a United States citizen under the age of sixteen who is being detained at the New Hanover Regional Juvenile Detention Center, operated by the Division of Youth Services of the North Carolina Department of Human Resources.
7. Alphons Mitchell is a United States citizen under the age of sixteen who is being detained at the New Hanover Regional Juvenile Detention Center, operated by the Division of Youth Services of the North Carolina Department of Human Resources.
8. C. Robin Britt is Secretary of the North Carolina Department of Human Resources and is responsible for the activities of the Department, including the detention of juveniles. He is sued in his official capacity only.
9. Gwendolyn C. Chunn is Director of the Division of Youth Services and is responsible for the care ofjuveniles committed to her custody by the courts. She is sued in her official capacity only.
10. Tommie Clark is the Manager of Detention with supervisory responsibility over the DYS detention centers. He is sued in his official capacity only.
Facts Supporting Claim 11. These six detention centers operated by DYS are designed to house no more than 103 children. Within the past year these centers have often had a population in excess of capacity, at times more than double their capacity. Although the detention centers are designed to house each child in an individual room, due to overcrowding many children have to sleep on mattresses on the floor of rooms. Confinement of more than one child to a room leads to conflicts and fights which are contrary to the goals and purposes of the detention centers and create a danger of serious injury to detained children.
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12. Staffing is inadequate for the number of children detained. Inadequate staffing causes a reduction in services, such as curtailment of exercise periods and the educational programs, and causes children to be locked in their rooms for longer periods of time to facilitate security and control, all of which are contrary to the goals and purposes of the detention centers.
13. Because of the vast overcrowding and understaffing, the medical care provided to plaintiffs is inadequate, posing a serious and substantial health hazard.
14. The detention centers are used to house juveniles with a variety of different backgrounds and problems, from undisciplined children who have merely run away from home, to juveniles accused of serious or deadly felonies, both those who will be adjudicated by the juvenile court and some who may be bound over for trial as adults. The mixture of these groups in one facility, in combination with understaffing and overcrowding, creates a danger of assaults and other victimization of some juveniles by others. Although DYS officials have attempted to alleviate this problem by creating the Leonard Center especially for bound-over youth, the Leonard facilities are insufficient to house all bound-over youth.
15. The lack of spaces in state training schools and other youth facilities and an overload of cases in the juvenile courts means that juveniles are often detained at the detention centers for longer periods of time than is consistent with purposes for which the juveniles are detained.
Class Action Allegations 16. Although the impact of conditions on different children may vary, all juveniles at these detention centers suffer from the same conditions creating common questions of law and

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fact for all putative class members. The population and identity of the detained children is constantly changing, and it would be impracticable to join each child in the lawsuit. The claims of the named plaintiffs are typical of the claims of the class, and the named plaintiffs will adequately protect the interests of the class. The defendants have acted or refused to act on grounds generally applicable to the class, and prosecution of separate actions would create a risk of inconsistent adjudications or of individual adjudications which would as a practical matter be dispositive of other class member claims.
Claims 17. Plaintiffs and the plaintiff class are being deprived of liberty without due process of law in violation of the Fourteenth Amendment of the United States Constitution. The purposes of incarceration ofjuveniles are to provide for their welfare and protection. Where those purposes are not served, the state has no justification for detaining juveniles, and their detention thus violates due process guarantees. 18. Plaintiffs and the plaintiff class are subjected to unreasonable seizure, punishment, and to cruel and unusual punishment, in violation of their rights under the Fourth, Eighth, and Fourteenth Amendments of the United States Constitution.
Relief WHEREFORE, plaintiffs request: a) That the court enjoin defendants from detaining any greater number ofjuveniles at each Detention Center than it is designed to house; b) That the court enjoin defendants to employ adequate staff to provide a safe and secure environment for members of the class;

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c) That the court enjoin defendants from detaining any juveniles unless and until defendants provide all legally required services, such as education, which provide the justification for detention of juveniles;
d) That the court award costs and attorneys fees to plaintiffs, and provide such other relief as is just and proper.

Marvin S p a r r o w U N.C. State Bar No. 11093

CERTiFsCATE OF SERVICE I certify service of the forsgofog pieading by mailing a copy of same, postage prepaid, to afi attorneys of record and unrepresented parties.
MARVIN SPy«R.0W
jb/wpdocs/ms/al2amco.wpd

Kathryn L. VandenBerg N.C. State Bar No. 18020 N.C. Prisoner Legal Services, Inc. Post Office Box 25397 Raleigh, North Carolina 27611 (919) 856-2200

1US

Jeffrey M. 124 Saint Mary's Street Raleigh, North Carolina (919)821-1187

27603

 </s> Law v. Britt
O.:

JI-NC-001-002

/

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF NORTH CAROLINA

*

(WESTERN DIVISION)

ANDRE LAW, et al., Plaintiffs,
V.
C. ROBIN BRTTT, Secretary of Human Resources, et al.,
Defendants.
ANTWAN SIMPSON, et al., Plaintiffs,
v. C. ROBIN BRITT, et al.,
Defendants.

No. 95-300-CT-BR Consolidated with: No. 5:94-CT-581-BR2

SETTLEMENT

The Plaintiffs, the classmembers represented and the Defendants, desiring to avoid further protracted and costly litigation, do hereby agree as settlement of all claims set forth in the above-captioned consolidated actions, subject to the approval of the Court, as follows:

I. POPULATION

A. Capacity

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' 1. Defendants will attempt to maintain the population at each of the following centers

("named centers") at its operating capacity, defined as. follows: j

BUNCOMBE

- 14

CUMBERLAND - 18

GASTON

-12

NEW HANOVER -18

PITT

-14

LEONARD

- 5

WAKE

-14

WILKES

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2. Until these consolidated actions are dismissed, Defendants will document the daily populations for each named center. Each Tuesday, by 11:00 am, Defendants will make available to counsel for the Plaintiffs-the daily population count for each named center for the preceding week. For the purposes of this agreement, daily populations are those taken at 8:00 am. Average weekly population for each named center is the seven-day total daily populations beginning each Tuesday, divided by 7 and rounded down to a whole number.

3. Defendants will take remedial action if the sum of the average weekly populations of the named centers is greater than 132 or if the average weekly population of any named center is above the following numbers:

BUNCOMBE

-18

CUMBERLAND -23

GASTON

-17

NEW HANOVER -23

PITT

-18

LEONARD

-11

WAKE

-18

WILKES

-13

Remedial action means that each affected named center will identify juveniles who are no longer in need of secure custody and notify the Juvenile Court and the juvenile's counsel of this opinion and request that the State juvenile court consider this opinion in determining whether there is a need for continued secure custody; and will also notify the Senior Court Counselors in the named center's catchment area of the need to limit the center's population and request cooperation.

4. If the sum of the average weekly populations or the stated average weekly populations for any named center exceeds the above levels for two consecutive weeks, counsel for the plaintiffs may petition the Court for appropriate relief under this agreement, which may include orders to release individual juveniles from detention.
5. If the sum of the daily populations of the named centers does not exceed 123 on any day between September 15, 1995, and December 15, 1995, Defendants will be released from their obligationsregardingpopulation in this section of this Agreement, except that they will still attempt to maintain the population at capacity, as required

by subsection A.I. above. It the population exceeds 123 on any day during the period September 15, 1995, and December 15, 1995, then Plaintiffs may petition the Court for an extension of the population control obligations under this section, for an additional six months. If an extension is granted by the Court, all provisions of this section will remain operative for six months or until such time as Defendants operate the named centers at a total population of 123 or less for ninety consecutive days. If the population remains at 123 or below for ninety consecutive days, then Defendants shall be released from their obligations under this section; if not, Plaintiffs may seek another six-month extension on the same terms.
B. Alternatives To Detention
The North Carolina Department of Human Resources, Division of Youth Services ("DYS") will establish a population committee and will request representatives of the Administrative Office of the Courts to participate. The committee will explore alternatives to detention and make efforts to educate court personnel with the goal to detain only juveniles who cannot be safely managed elsewhere. The population committee will also explore, develop and recommend strategies to limit the population of detention facilities. The committee will consider information from risk assessments conducted on each juvenile entering secure detention by center staff which may be used to develop strategies regarding which juveniles need to be held in detention. This input will be forwarded to the Secretary of the Department of Human Resources, the Administrative Office of the Courts and to the Juvenile Code Revision Committee for appropriate legislative action.
A Willis M classmember may only be released from secure custody by order of the juvenile court However, DYS will contact the local court and Willie M. Services staff to facilitate alternative placement as soon as possible DYS will begin this process within 72 hours of a Willie M. admission. DHR will continue its efforts to make placements for Willie ~MV ckssmembers as soon as possible after their admission to secure detention.
DYS will conduct an automatic review of every juvenile who has been detained longer than 30 days, and will contact court counselors with a recommendation for alternative •placement and/or to expedite an alternative placement, if appropriate, based on the juvenile's behavior and progress while in detention.

H, STAFFING

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Defendants will make a good faith effort to add additional staff at the named centers,

m . TRAINING

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• The DYS Staff Development Director will continue to plan and provide for training of new

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employees and continuing training as necessary. When required, DYS will contract with specialists in specific areas of training and will arrange for on-site training at least quarterly. DYS training program for new and current employees will include those subjects set forth in 12 NCAC 09B.0234. DYS will provide detention training in addition to that required by 12 NCAC 9B.0234 and will attempt to provide training of employees within four to six months of their employment. Prior to assumption of independent duties, new employees will receive training through on-the-job training or otherwise.
DYS will specifically review its training dealing with juvenile suicide and provide present employees additional training if necessary.

IV. MEDICAL CARE

There will be a full-time nurse coordinator for DYS housed in the DYS Central office. DYS will develop a medical plan to be implemented at each named center. The plan will include the following:

1. Each named center shall contract with medical personnel (registered nurse, physicians assistant or family nurse practitioner) for a minimum of 20 hours per week per named center to provide medical services to detainees, including reviewing intake documents, monitoring medications, providing medical assessments as needed, and making appropriate referrals. The medical professional will meet with each new detainee within 72 hours of his or her arrival at a named center.

2. Each named center shall make arrangements for emergency medical care.

3. Each named center shall arrange for emergency dental care.

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4. Detention staff will be specifically trained to perform a medical screening and mental health screening with heavy emphasis in suicide assessment at the time a juvenile is admitted and to make immediate referrals to appropriate providers.

5. Medical personnel will review all intake screenings and will conduct further assessments as needed. Such assessments may include a medical history, a medical assessment including physical examination, a mental health assessment, appropriate screening for sexually transmitted diseases and vision, and tuberculosis testing.

•6: Each employee of a named center shall be certified in cardiopulmonary resuscitation (CPR) and first aid. Such certification shall be kept current.

7. Medical personnel shall conduct sick call in response to complaints of juveniles and when staff refer juveniles for treatment. Each juvenile shall be allowed unimpeded access to sick call and cannot be prevented from attending sick call by staff.
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8. Medical personnel will monitor the storage and administration of all medications.

V. MENTAL HEALTHCARE

A. Mental Health Plan

DYS shall develop a mental health plan that includes a contract with the local Area Mental Health Authority ('Authority/Authorities") to be implemented at each named center. The plan shall include at least the following provisions:

1. DYS mental health plan shall include provisions for "emergency" and "nonemergency" protocols which will be negotiated with the local Authorities."

2. The contract with an Authority will provide for guidance and training to selected staff from the named detention centers on selecting a mental health screening protocol and conducting an initial interview. Training will also target non-verbal and verbal juvenile communication which demands immediate referral to the designated Authority professional.

3. Upon admission, each juvenile will be given a mental health screening by staff, including a suicide assessment.

4. Referrals will be made to the local Authority in accordance with the DYS contract

with the Authority for juveniles at risk of suicide or exhibiting signs, of depression.

Each juvenile referred in a "non-emergency" status will be seen by a qualified mental

health professional within five days. "Emergency" referrals will be seen immediately

in accordance with the DYS contract with the local Authority.

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B. Suicide Prevention Plan

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The DYS shall develop a suicide prevention plan, to include the following provisions:

1. All suicidal gestures or remarks are to be taken seriously and not to be viewed as merely manipulative. All suicidal behavior will be treated therapeutically, not punitively.

2. Each named center shaft arrange for emergency mental health services in accordance with the contract with the local Authority.

• 3. Mechanical restraints shall not be used on juveniles at risk for suicide except in consultation with medical personnel.'

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4. Staff shall receive no less than four hours of training jba suicide prevention.

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5. Each juvenile shall be assessed for suicide risk upon admission to a named center.
6. Staff shall conduct continuous identification and monitoring of juveniles at risk for suicide and make appropriate referrals to mental health providers.
7. Suicide risks and attempts shall be dealt with as provided in the DYS Detention Policy Manual, Policy Number JDS 9.11.
8. Voluntary or involuntary commitment to a mental health facility should be considered if a juvenile has made a suicide attempt or gesture.

VI. BEHAVIOR MANAGEMENT

A. Behavior Management System

The DYS shall develop a consistent behavior management system to be implemented at each named center. The system shall attempt to manage behavior of juveniles through rewards and discipline. Implementation of the system will include training for staff.

B. Crisis Management

The DYS shall develop a policy in crisis management, encompassing appropriate interventions to be used when a juvenile's behavior is out of control. Staff shall be trained in the use of appropriate interventions ranging from verbal intervention to a period of isolation.

C. Disciplinary System

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There shall be a uniform disciplinary code which includes a list of major and minor infractions. The code shall be posted at each named center and are included in orientation materials for all juveniles.
The code shall include the following provisions:v

1. Minor infractions which may or may not result in room confinement.

2. Major infractions whicKi absent special circumstances, may result in no more than two days of room confinement. Confinement for a major infraction shall be reviewed, at a tninimnm< every 24 hours.

' 3. For major infractions, there shall be developed a disciplinary procedure, which shall

include notice and the opportunity for the juvenile to be heard by someone not

involved in the incident.

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4. Juveniles placed in isolation as a result of a major infraction shall receive at least one hour of large muscle activity per day and, if behavior permits, may be allowed visitors.
D. Use Of Isolation Xnd Mechanical Restraints
The DYS shall develop a uniform policy for the use of isolation and mechanical restraints to be implemented at each named center, which shall include, at a minimum, the following provisions:

1. Isolation and mechanical restraints shall not be used as punishment but may be used for discipline and control of a juvenile who is out of control.
2. Unit lock-down or wholesale isolation shall not be used, except in emergencies.
3. No juvenile shall be held in mechanical restraints while in isolation unless he or she poses a threat to himself or herself or to others or to property.
4. Metal restraints shall be used only for transportation purposes. Soft restraints have been purchased and will be used after staff training.
5. No juvenile shall be held in mechanical restraints for more than one hour without the approval of the center director or his designee.
6. Any child who is placed in mechanical restraints or in isolation shall be visually monitored at least every 15 minutes.
7. Detailed and accurate records of every use of isolation or restraint shall be maintained by each named center. The records shall indicate the exact method and duration of isolation or restraint used, the reason for its use and accurate notations'of staff observations during 15 minute room checks.
8. Each named center director, or his designee, shall review incident, isolation, and use of force reports monthly for the purpose of monitoring staff compliance with DYS isolation andrestraintpolicies. As a form of ongoing behavior management training, the director shall review with all staff any incidents of improper use of force, restraint or isolation. ..

VH. EDUCATION

The DYS shall develop an educational plan to be implemented at each named center. The

. plan shall include the following provisions:

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1. Each named center shall employ a certified full-time teacher.

2. Each juvenile who is detained for more than five consecutive days shall receive no less than five and one half hours of instruction per day unless the juvenile is in court or is being disciplined. Each juvenile detained more than thirty consecutive days will receive a course of instruction appropriate to his or her age, capacity and interests.

3. If a named detention center teacher believes that a juvenile has demonstrated, after the

first two weeks in detention, that he or she may be a student with identified special

education needs, the teacher must take immediate steps to contact the school where

the juvenile was last enrolled. Every attempt will be made to have the resource

teacher from the juvenile's school forward appropriate educational guidance with

materials. If a juvenile is believed to have special education needs and is expected

to be in detention for thirty consecutive days or more, steps will be taken to have the

juvenile assessed. The named detention center teacher will contact the DYS Chief of

Education to arrange for educational assessments and to establish a committee which

will function as a School-Based Committee and the Administrative Placement

Committee as provided for in Rule .1507 of Procedures Governing Programs and

Services for Children with Special Needs published by the Division of Exceptional

Children's Services, North Carolina Department of Public Instruction. The teacher

will keep a confidential record of pertinent documentation with respect to special

educational needs identification, the juvenile's Individualized Education Program

(TEP"), the juvenile's progress, and all services provided in accordance with the IEP.

A juvenile's progress will be made available to both the juvenile's parents and the

juvenile's school in his or her community. In the case of lack of information,

problems with parental consent and all other procedural matters, DYS will continue

to rely on the guidance from the Division of Exceptional Children's Services, North

Carolina Department of Public Instruction.

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4. The named centers will ensure that all education records andresultsof any educational tests and/or assessments are forwarded to training school or provided upon request to the juvenile's next placement, if any.

ADMISSION PROCEDURES

A. Intake

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DYS shall develop intake procedures and standardized forms for use at all named centers. The procedure should include the following:

. 1. Intake screening shall be conducted on each juvenile at the time he or she enters the named center. Screening shall be conducted by trained staff. I
2. Intake screening shall include at a minimum the following areas:
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a. Medical screening as provided in TV above.

b. Mental health screening as provided in V above.

c. Risk assessment using the Broward Juvenile Detention Risk Assessment Instrument.

3. Upon intake each juvenile shall be oriented to the physical plant and the operation of

the named center. Each juvenile shall be given a copy of the rules and regulations of

the named center, including access to health care, grievance procedure, and

disciplinary rules and procedure.

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4. DYS will make a good faith effort to obtain each juvenile's medical and education records after admission to secure detention.

B. Classification

DYS will develop and implement a system for classifying juveniles admitted to a named center for the purpose of determining the juvenile's housing assignment. The classification system shall consider the juvenile's sex, age, physical size, offense, mental health history and status, etc. The classification system will be developed to attempt to prevent children from harming each other while sleeping in the same room; for example, aggressive children should not be housed with non-aggressive children, and children accused of sexual offenses should be housed in their own rooms.

DC CONDITIONS

Because the design of the named centers does not allow the children access to a toilet or sink without the assistance of staff, staff shall receive special training/instruction on the need for prompt attention to requests to use the bathroom and will make regular rounds offering toilet and sink use when children are confined to their rooms.

Juveniles shall only share rooms when necessary due to crowding or classification.

Each juvenile shall be allowed to retain approved items of personal property in his or her room. With the named center's approval, juveniles may have age appropriate reading material maintained at the named center in their rooms.

X. RECREATION/PROGRAMMING

Unless restricted for health or security, each juvenile shall be allowed one hour of large-

muscle activity per day, rain or shine. •

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Except in exceptional circumstances, each juvenile shall be out of his or her room DO less than 13 hours per day, unless that juvenile has been assigned to isolation for disciplinary reasons.
DYS shall:
1. Have each center develop a recreation and programming schedule approved by DYS.
2. Increase passive recreation opportunities.

XL FAMILY SUPPORT/INTERACTION

In recognition of the important role to be played by family and community in the support of detained juveniles, DYS shall develop a policy regarding visitation, telephone use and mail that shall be implemented in each named center. The policy shall contain, at a minimum, the following provisions:

1. Hours for visitation will be expanded and family members will, upon request, be informed of visiting times. Each named center shall have a total of at least five visiting hours per week. Reasonable accommodations will be made for visitors who are not able to come at regular hours.

2. Each child shall be allowed to include on his or her visitation list adult family members, including, but not limited, to his or her parents, clergy, and other adults from the community who do not pose a threat to the safety and security of the facility.

3. Children shall have access to a telephone from which they may place collect calls.

4. Staff shall not open outgoing mail.

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5. Staff may open incoming mail for the limited purpose of preventing the introduction of contraband into the facility. In such an event, the mail shall be opened only in the presence of the child to whom it is addressed.

6. Staff shall not open mail from attorneys or from ejected or appointed state officials for any reason.

- 1 . Staff shall not read incoming or outgoing mail unless there is clear and convincing evidence that the mail contains contraband or the correspondence creates a substantial threat to the security, order and/or mission of the center.

8. There £ha1! be no unreasonable restriction on the number of letters each child is

allowed to send or receive. "

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9. The named center shall provide each child with writing materials and postage.

. PHYSICAL PLANT
DYS shall conduct regular inspections of each named center. Each facility shall be maintained in accordance with applicable state and local codes.

IMPLEMENTATION 1. This agreement will begin to be implemented upon approval by the Court.

2. DYS will maintain documentation of its compliance with the provisions of this agreement, and Plaintiffs' counsel may inspect such documentation upon proper request and notice.

3. Prior to dismissal of these consolidated actions and upon reasonable notice to Defendants, Plaintiffs' counsel may visit any named center not more than once every three months at Plaintiffs' expense.

4. The Court shall retain jurisdiction over the enforcement of this agreement until its

provisions are fully implemented. When the provisions of this agreement are fully

implemented and Defendants have been released from the population control

obligations of section LA., Plaintiffs shall dismiss this action with prejudice.

Plaintiffs and Defendants consent to United States Magistrate Judge Alexander B.

Denson being appointed to hear and decide any requests for relief or disputes

regarding implementation and compliance under this agreement.

'.

XTV. ATTORNEYS FEES
Defendants agree to pay Plaintiffs' attorneys, upon receipt and after review of time sheets and expense records, the sum $95,000.00 which shall represent full and complete satisfaction of all attorneys' fees, costs and expenses associated with these consolidated actions. Plaintiffs agree that no additional attorneys' fees, costs or expenses will be paid by Defendants unless Plaintiffs apply for and receive relief from the Court under this Settlement AgrcemenL
XV. Plaintiffs will provide such notice of this agreement as the Court may direct.

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NORTH CARt)JLE*A (WESTERN DIVISION) LU C - ^5

ANDRE LAW, et al.,

"••••••'••'
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Plaintiffs,

)

)

v.

)

)

C. ROBIN BRITT, Secretary of Human )

Resources, et al.,

)

)

Defendants.

)

"•""

•"

••••-••!j'-

No. 93-300-CT-BR

Consolidated with:

ANTWAN SIMPSON, et al., •

)

Plaintiffs,

)

v.

)

No. 5:94-CT-581-BR2

C. ROBIN BRTTT, et al.,

)

Defendants.

)

ORDER ON NOTICE TO PLAINTIFF CLASS

It is ordered that the following provisions regarding notice of settlement agreement to

the plaintiff class shall be accomplished:

1. Within one week of the date of this Order, guardians ad litem for the two classes

of juveniles shall make best efforts to contact class members and former class

members who have been named as class representatives or interviewed as potential

witnesses in order to inform them of the settlement agreement and notify them of their

right to contact the Court should they have any objections. Each such class member

will be given a copy of the settlement agreement and the Notice to Class Members

(Attachment A.)

'

2. Within a week of the date of this Order, the Director'at each named center shall post a copy of the Notice to Cliss Members (Attachment A) in a conspicuous location

rax

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in the center, which shall remain posted for 30 days.

3. For one month after the date of the Order, the Director of each named center shall maintain copies of the full settlement agreement, and shall provide a copy of it to any child class member upon request.

SO ORDERED this2?- "Say of

, 1995.

U. S. Magistrate Judge

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 </s> CM/ECF - NCED - Docket Report

Page 1 of 11

U.S. District Court Eastern District of North Carolina (Western Division)
CIVIL DOCKET FOR CASE #: 5:93-ct-00300

CLOSED

Law, et al v. Britt, et al Assigned to: Judge W. Earl Britt Demand: $0 Cause: 42:1983 Prisoner Civil Rights Plaintiff Andre Law
Plaintiff Latonya Bostic
Plaintiff Jaime Patterson
Plaintiff Kris Shontee Davis

Date Filed: 05/17/1993 Nature of Suit: 550 Prisoner: Civil Rights Jurisdiction: Federal Question
represented by Marvin Ray Sparrow Sparrow & Vandenberg Box 388 Durham, NC 27702 919-956-7924 Fax: 680-2092 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Marvin Ray Sparrow (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Kathryn L. VandenBerg jimison@aol.com PO Box 262 Hillsborough, NC 27278 919-245-1485 Fax: 245-1485 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Marvin Ray Sparrow (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Kathryn L. VandenBerg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

https://ecf.nced.uscourts.gov/cgi-bin/DktRpt.pl?919801499689616-L_280_0-1

10/17/2005

CM/ECF - NCED - Docket Report

Page 2 of 11

Plaintiff Edward Williams
Plaintiff Alphons Mitchell
V. Defendant Secretary of Human R C. Robin Britt
Defendant Director of Div. of Gwendolyn C. Chunn Defendant Mgr. of Detention Ginger Heglar TERMINATED: 06/07/1993

Marvin Ray Sparrow (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Kathryn L. VandenBerg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Marvin Ray Sparrow (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Kathryn L. VandenBerg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Marvin Ray Sparrow (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by John R. Corne N.C. Department of Justice jcorne@ncdoj.com P.O. Box 629 Raleigh, NC 27602-0629 919-716-6800 Fax: 716-6755 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by John R. Corne (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Defendant Director, Wake Regio Michael Bryant
Defendant Tommie Clark Manager of Detention
Plaintiff Shannon Price

represented by John R. Corne (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by John R. Corne (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 05/17/1993
05/17/1993 05/19/1993 06/07/1993 06/07/1993 06/07/1993
06/08/1993 06/14/1993
06/14/1993
06/14/1993 06/14/1993

#

Docket Text

1 Complaint filed - pltf. alleges overcrowding, understaffing and other conditions of confinement which deprive pltf. of their constitutional rts; seek injunctive relief and atty. fees (bl) (Entered: 05/19/1993)

Summons(es) issued for C. Robin Britt, Gwendolyn C. Chunn, Ginger Heglar, Michael Bryant (bl) (Entered: 05/19/1993)

Case submitted to: Nellie Kirkman (bl) (Entered: 05/19/1993)

2 Motion by Andre Law, Latonya Bostic for class certification (gm) (Entered: 06/18/1993)

3 Memorandum by Andre Law, Latonya Bostic in support of [2-1] motion for class certification (gm) (Entered: 06/18/1993)

4 First Amended class action complaint by Andre Law, Latonya Bostic, adding defendant Tommie Clark :amends [1-1] complaint (gm) (Entered: 06/18/1993)

Summons(es) issued for Tommie Clark (gm) (Entered: 06/18/1993)

5 Motion by C. Robin Britt, Gwendolyn C. Chunn, Michael Bryant for an extension of time to answer or otherwise plead (gm) (Entered: 06/18/1993)

6 Order granting [5-1] motion for an extension of time to answer or otherwise plead and resetting answer due for 7/26/93 for C. Robin Britt, for Gwendolyn C. Chunn, for Michael Bryant signed by David W. Daniel, Clerk by Heathcoat, Deputy Clerk counsel to serve (gm) (Entered: 06/18/1993)

7 Motion by Tommie Clark for an extension of time to answer or otherwise plead (gm) (Entered: 06/18/1993)

8 Order granting [7-1] motion for an extension of time to answer or

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06/21/1993 06/24/1993
07/26/1993 07/26/1993 07/26/1993 07/26/1993 08/23/1993 09/13/1993 09/24/1993
10/12/1993
10/14/1993 12/16/1993 01/07/1994 01/07/1994

otherwise plead and resetting answer due for 7/29/93 for Tommie Clark signed by David W. Daniel, Clerk by Heathcoat, Deputy Clerk counsel to serve (gm) (Entered: 06/18/1993)
9 Motion by C. Robin Britt, Gwendolyn C. Chunn, Michael Bryant, Tommie Clark to extend time (fdc) (Entered: 06/24/1993)
10 Order granting [9-1] motion to extend time, Response to motion reset to 8/23/93 for defendants Britt, Chunn and Bryant [2-1] motion for class certification , Response to motion reset to 8/30/93 for defendant Clark [21] motion for class certification signed by David W. Daniel cc to pltf & cnsl. . (fdc) (Entered: 06/24/1993)
11 Answer by C. Robin Britt to first amended class action complaint (gm) (Entered: 07/30/1993)
12 Answer by Gwendolyn C. Chunn to first amended class action complaint (gm) (Entered: 07/30/1993)
13 Answer by Michael Bryant to first amended clase action complaint (gm) (Entered: 07/30/1993)
14 Answer by Tommie Clark to first amended class action complaint (gm) (Entered: 07/30/1993)
15 Memorandum by C. Robin Britt, Gwendolyn C. Chunn, Tommie Clark, Michael Bryant in opposition to [2-1] motion for class certification (gm) (Entered: 09/11/1993)
Motion(s) submitted to Judge Britt: [2-1] motion for class certification submitted (gm) (Entered: 09/13/1993)
Issued Notice of Hearing: on Motion for Class Certification set for Tuesday, Oct. 12, 1993 at 3 pm before J. Britt; cys: J. Britt, NCAG, Mr. Seigle, NCPLS, J. Todd, CtRptr and CtRm deputy (bl) (Entered: 09/24/1993)
Miscellaneous hearing re: [0-0] notice hearing on Motion for Class Certification before Judge W. E. Britt on 10/12/93; cnsl present: Catherine Van Danbury, Jeffrey Seigle for pltfs; John Corney (not present) and Bob Currin - present. pltf. presents Exh. 1 to J. Britt (given a 14 day stay). Written order to follow hrg. (bl) (Entered: 10/13/1993)
16 Order granting [2-1] motion for class certification signed by Judge Britt. OB Ref: #78,pg.214 cc to pltf & cnsl. (fdc) (Entered: 10/14/1993)
17 Request for Discovery Stipulation: Stipulation on Discovery due by 1/8/94 (gm) (Entered: 12/16/1993)
18 Motion by C. Robin Britt, Gwendolyn C. Chunn, Michael Bryant to stay entry of scheduling order (fdc) (Entered: 01/11/1994)
19 Motion by Andre Law, Latonya Bostic to intervene by adding Shannon Price (fdc) (Entered: 01/11/1994)

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01/07/1994 01/11/1994 01/27/1994 02/04/1994
02/04/1994 02/04/1994 02/14/1994 02/16/1994
04/28/1994 04/28/1994 06/06/1994
06/06/1994 08/18/1994

20 Memorandum by Andre Law, Latonya Bostic, Shannon Price in support of [19-1] motion to intervene by adding Shannon Price (fdc) (Entered: 01/11/1994)
Motion(s) submitted:Judge Britt [19-1] motion to intervene by adding Shannon Price submitted, [18-1] motion to stay entry of scheduling order submitted (fdc) (Entered: 01/11/1994)
21 Memorandum by C. Robin Britt, Michael Bryant, Tommie Clark in opposition to [19-1] motion to intervene by adding Shannon Price (fdc) (Entered: 01/28/1994)
22 Motion by C. Robin Britt, Gwendolyn C. Chunn, Michael Bryant, Tommie Clark to dismiss , or in the alternative, for summary judgment with respect to Shannon Price's Motion to Intervene (bl) (Entered: 02/07/1994)
23 Memorandum by C. Robin Britt, Gwendolyn C. Chunn, Michael Bryant, Tommie Clark in opposition to [19-1] motion to intervene by adding Shannon Price (bl) (Entered: 02/07/1994)
23 Memorandum by C. Robin Britt, Gwendolyn C. Chunn, Michael Bryant, Tommie Clark in support of [22-1] motion to dismiss, [22-2] motion for summary judgment (bl) (Entered: 02/07/1994)
24 Response by Shannon Price to [22-1] motion to dismiss, [22-2] motion for summary judgment and reply to Memorandum in Opposition to Motion to Intervene (bl) (Entered: 02/15/1994)
Motion(s) submitted: [22-1] motion to dismiss submitted, [22-2] motion for summary judgment submitted, [19-1] motion to intervene by adding Shannon Price submitted, [18-1] motion to stay entry of scheduling order submitted (bl) (Entered: 02/16/1994)
25 Order denying [19-1] motion to intervene by adding Shannon Price, denying [18-1] motion to stay entry of scheduling order signed by Judge Britt. OB Ref: #82,pg.113 cc to pltf & cnsl. (fdc) (Entered: 04/29/1994)
Terminated motion to dismiss, or in the alternative, motion for summary judgment (gm) (Entered: 06/02/1994)
26 Order on Scheduling by Magistrate Judge Denson setting Discovery cutoff 8/31/94 Deadline for filing of all motions 9/30/94 Expert Witness List due on 7/29/94 Bench Trial scheduled for 1/3/95 , No of Interrogatories: 50, and No of Depositions: 10, Place of Trial: Raleigh Trial Judge: Judge Britt cc to NCPLS & cnsl. (fdc) (Entered: 06/06/1994)
27 Joint Discovery Stipulation - signed by NCAG & NCPLS (bl) (Entered: 06/16/1994)
28 Motion by Andre Law, Latonya Bostic, Shannon Price to consolidate case with Simpson v. Britt, 5:94-CV-581-F(3) w/ attached memorandum in Support of Motion (bl) (Entered: 09/26/1994)

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08/18/1994 08/18/1994 08/19/1994 08/25/1994 08/26/1994 09/26/1994
09/30/1994

29 Motion by Gwendolyn C. Chunn, Michael Bryant, Tommie Clark , Michael Bryant for a Protective Order to Prohibit Pltfs'. Expert Witnesses from entering the Wake Regional Juvenile Detention Center, Limiting pltfs'. Request for Production of Documents, or, in the alterntive, Order disclosure of Education Records only upon consent of Juvenile's Parents and Limiting the Use and Disclosure of Education Recotds and Extending of the Discovery Period to Permit Depositions of Pltfs. Experts and the Time within which to file motions (bl) (Entered: 09/26/1994)
30 Memorandum by C. Robin Britt, Gwendolyn C. Chunn, Michael Bryant, Tommie Clark in support of [29-1] motion for a Protective Order to Prohibit Pltfs'. Expert Witnesses from entering the Wake Regional Juvenile Detention Center, Limiting pltfs'. Request for Production of Documents, or, in the alterntive, Order disclosure of Education Records only upon consent of Juvenile's Parents and Limiting the Use and Disclosure of Education Recotds and Extending of the Discovery Period to Permit Depositions of Pltfs. Experts and the Time within which to file motions (bl) (Entered: 09/26/1994)
31 Document filed by defendant C. Robin Britt, defendant Gwendolyn C. Chunn, defendant Michael Bryant, defendant Tommie Clark titled: Affidavit of Service (bl) (Entered: 09/26/1994)
32 Response by C. Robin Britt, Gwendolyn C. Chunn, Michael Bryant, Tommie Clark to [28-1] motion to consolidate case with Simpson v. Britt, 5:94-CV-581-F(3) w/ attached memorandum in Support of Motion (bl) (Entered: 09/26/1994)
33 Response by Andre Law, Latonya Bostic, Shannon Price to [29-1] motion for a Protective Order to Prohibit Pltfs'. Expert Witnesses from entering the Wake Regional Juvenile Detention Center, Limiting pltfs'. Request for Production of Documents, or, in the alterntive, Order disclosure of Education Records only upon consent of Juvenile's Parents and Limiting the Use and Disclosure of Education Recotds and Extending of the Discovery Period to Permit Depositions of Pltfs. Experts and the Time within which to file motions (bl) (Entered: 09/26/1994)
Motion(s) submitted: [29-1] motion for a Protective Order to Prohibit Pltfs'. Expert Witnesses from entering the Wake Regional Juvenile Detention Center, Limiting pltfs'. Request for Production of Documents, or, in the alterntive, Order disclosure of Education Records only upon consent of Juvenile's Parents and Limiting the Use and Disclosure of Education Recotds and Extending of the Discovery Period to Permit Depositions of Pltfs. Experts and the Time within which to file motions submitted, [28-1] motion to consolidate case with Simpson v. Britt, 5:94CV-581-F(3) w/ attached memorandum in Support of Motion submitted (bl) (Entered: 09/26/1994)
34 Order granting [28-1] motion to consolidate case with Simpson v. Britt, 5:94-CV-581-F(3) and the clerk is directed to maintain all subsequent

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10/05/1994
10/07/1994 10/07/1994 10/14/1994 10/14/1994 10/14/1994 10/14/1994 10/14/1994 10/19/1994 10/19/1994 10/19/1994 10/19/1994 10/19/1994 10/21/1994

pleadings the file for Law v. Britt, No. 93-300-CT-BR. All subsequent pleadings should reflect the caption and docket number of each case. All non-dispositive motions are hereby referred to US Magistrate Judge Alexander B. Denson signed by Judge Britt. OB Ref: 85, pg. 139 cc to all cnsl (gm) (Entered: 10/13/1994)
35 Order denying [29-1] motion for a Protective Order to Prohibit plaintiff's education and detention experts from inspecting the juvenile detention centers, denying motion for protective order that the school records of the juveniles not be produced , denying motion that parental consent for production of juveniles' school records be required , and granting motion to depose plaintiffs' experts and to extending the motion filing deadline to November 10, 1994 the trial os the case is reschedulred for Janary 30, 1995 before Judge Britt in Raleigh signed by Magistrate Judge Denson. OB Ref: 85, pg. 172 cc to all cnsl (gm) (Entered: 10/13/1994)
36 Motion by C. Robin Britt, Gwendolyn C. Chunn, Michael Bryant, Tommie Clark to dismiss state constitution education claim (gm) (Entered: 10/13/1994)
37 Memorandum by C. Robin Britt, Gwendolyn C. Chunn, Michael Bryant, Tommie Clark in support of [36-1] motion to dismiss state constitution education claim (gm) (Entered: 10/13/1994)
38 Motion by Andre Law, Latonya Bostic for preliminary injunction (gm) (Entered: 11/03/1994)
39 Memorandum by Andre Law, Latonya Bostic in support of [38-1] motion for preliminary injunction (gm) (Entered: 11/03/1994)
Deposition of Julia Anne Chessler (gm) (Entered: 11/03/1994)
Deposition of Michael R. Bryant (gm) (Entered: 11/03/1994)
Deposition of Gwendolyn C. Chunn (gm) (Entered: 11/03/1994)
40 Memorandum by C. Robin Britt, Gwendolyn C. Chunn, Michael Bryant, Tommie Clark in opposition to [2-1] motion for class certification (gm) (Entered: 11/03/1994)
41 First Amended Answer to Complaint by C. Robin Britt (gm) (Entered: 11/03/1994)
42 First Amended Answer to Complaint by Tommie Clark (gm) (Entered: 11/03/1994)
43 First Amended Answer to Complaint by Gwendolyn C. Chunn (gm) (Entered: 11/03/1994)
44 Motion by C. Robin Britt, Gwendolyn C. Chunn, Michael Bryant, Tommie Clark for protective order (gm) (Entered: 11/03/1994)
Issued Notice of Hearing: Motion hearing before Judge W. E. Britt set for 2:30 pm in Courtroom#2 in Raleigh on 11/9/94 for hearing on Class Certification and [38-1] motion for preliminary injunction (gm) (Entered:

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10/31/1994 11/07/1994
11/07/1994
11/08/1994
11/08/1994 11/08/1994
11/09/1994 11/09/1994 11/09/1994 11/09/1994 11/09/1994 11/09/1994 11/09/1994 11/09/1994 11/09/1994 11/09/1994 11/09/1994 11/09/1994 11/09/1994 11/09/1994

11/07/1994)
45 Response by C. Robin Britt, Michael Bryant, Tommie Clark to [38-1] motion for preliminary injunction (gm) (Entered: 11/07/1994)
Case submitted to: Judge Britt [0-0] notice hearing Motion hearing before Judge W. E. Britt set for 2:30 pm in Courtroom#2 in Raleigh on 11/9/94 for hearing on Class Certification and [38-1] motion for preliminary injunction submitted (gm) (Entered: 11/07/1994)
46 Motion by Andre Law, Latonya Bostic, Shannon Price to allow dismissal of state constitution education claim 1cc:Judge Britt (fs) (Entered: 11/08/1994)
Motion(s) submitted: [46-1] motion to allow dismissal of state constitution education claim submitted to Judge Britt (fs) (Entered: 11/08/1994)
47 Motion by Andre Law, Latonya Bostic, Shannon Price for leave to file second amended complaint (gm) (Entered: 11/09/1994)
48 Memorandum by Andre Law, Latonya Bostic, Shannon Price in support of [47-1] motion for leave to file second amended complaint (gm) (Entered: 11/09/1994)
49 Hearing brief by Andre Law, Latonya Bostic, Shannon Price (gm) (Entered: 11/09/1994)
50 Declaration of Nellie Droes (gm) (Entered: 11/09/1994)
51 Declaration of Jennavie Sargent (gm) (Entered: 11/09/1994)
52 Declaration of Jaime Patterson (gm) (Entered: 11/09/1994)
53 Declaration of Quentin Adams (gm) (Entered: 11/09/1994)
54 Declaration of Kris Shontee Davis (gm) (Entered: 11/09/1994)
55 Declaration of Terris Yanina Hull (gm) (Entered: 11/09/1994)
56 Declaration of Marcus Antwain McKinney (gm) (Entered: 11/09/1994)
57 Declaration of Edward Williams (gm) (Entered: 11/09/1994)
58 Declaration of Michael E. Dupree (gm) (Entered: 11/09/1994)
59 Declaration of Patricia F. Horan (gm) (Entered: 11/09/1994)
60 Declaration of Alphons Mitchell (gm) (Entered: 11/09/1994)
61 Memo from Gerry re: approximate dates of detention (gm) (Entered: 11/09/1994)
Motion hearing re: [38-1] motion for preliminary injunction and class certification. Motion hearing held before Judge W. E. Britt Court Reporter: Donna Tomawski Counsel for plaintiff: Marvin Sparrow and Jack Holtzman Counsel for defendant: John R. Corne Time: 45 minutes

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11/09/1994
11/09/1994 11/10/1994 11/10/1994 11/16/1994 11/17/1994 11/22/1994 11/23/1994
12/05/1994 12/14/1994 12/21/1994
12/23/1994 12/23/1994 12/30/1994

Motion to dismiss state constitution education claim is allowed. Action is certify as a class action. Motion for protective order is moot. Motion for preliminary injunction withdrawn. (gm) (Entered: 11/09/1994)
62 Order granting [2-1] motion for class certification, withdrawing [38-1] motion for preliminary injunction, denying as moot [44-1] motion for protective order, reset bench trial before Judge W. E. Britt for 1/30/95 and setting status conference before Judge W. E. Britt for 1/3/95 signed Judge Britt. OB Ref: 86, pg. 130 cc to all counsel (gm) (Entered: 11/13/1994)
Terminated motion to dismiss (gm) (Entered: 11/13/1994)
63 Declaration of Sarah Joan Franklin (gm) (Entered: 11/13/1994)
64 Substitute Second Amended complaint by Andre Law adding plaintiff Jaime Patterson, Kris Shontee Davis, Edward Williams, Alphons Mitchell :amends [1-1] complaint (gm) (Entered: 11/22/1994)
65 Joint Class Stipulation (gm) (Entered: 11/22/1994)
Letter to Judge Britt dated November 15, 1994 from: John R. Corne Re: motion for leave to amend complaint (gm) (Entered: 11/22/1994)
Case submitted to: Judge Britt (gm) (Entered: 11/22/1994)
66 Order granting [47-1] motion for leave to file second amended complaint the complaint is amended as set forth in the document captioned "Substitute Second Amended Class Action Complaint" filed on 10 November 1994 signed by Judge Britt. OB Ref: 86, p.214 1cc:NCAG, NCPLS (fs) Modified on 11/28/1994 (Entered: 11/28/1994)
67 Motion by Andre Law, Latonya Bostic, Shannon Price, Jaime Patterson, Kris Shontee Davis, Edward Williams, Alphons Mitchell for Expedited Response to an Interrogatory (fdc) (Entered: 01/06/1995)
68 Second Amended Answer to Complaint by C. Robin Britt : amends (fdc) (Entered: 01/06/1995)
69 Motion by Andre Law, Latonya Bostic, Shannon Price, Jaime Patterson, Kris Shontee Davis, Edward Williams, Alphons Mitchell to compel Production of Documents with incorporated supporting Memorandum of Law (fdc) (Entered: 01/06/1995)
Calendar issued for Pre-trial conference set at 10:00 am in Raleigh, 6th Floor Courtroom on 1/17/95 before USMJ Alexander B. Denson (gm) (Entered: 01/10/1995)
Calendar issued for Bench trial set at 9:00 am in Raleigh, 7th Floor Courtroom #2 on 1/30/95 before Judge W. E. Britt (gm) (Entered: 01/10/1995)
70 Motion by C. Robin Britt, Gwendolyn C. Chunn, Michael Bryant, Tommie Clark to continue Pre-Trial and Trial and Memorandum in Support w/attached affidavit (fdc) Modified on 01/06/1995 (Entered:

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01/03/1995 01/03/1995 01/03/1995 01/04/1995 01/04/1995 01/04/1995 01/11/1995 01/11/1995
01/13/1995 01/18/1995 01/18/1995

01/06/1995)
71 Response by Andre Law, Latonya Bostic, Shannon Price, Jaime Patterson, Kris Shontee Davis, Edward Williams, Alphons Mitchell to [70-1] motion to continue Pre-Trial and Trial and Memorandum in Support (fdc) (Entered: 01/06/1995)
72 Document filed by plaintiff Andre Law, plaintiff Latonya Bostic, plaintiff Shannon Price, plaintiff Jaime Patterson, plaintiff Kris Shontee Davis, plaintiff Edward Williams, plaintiff Alphons Mitchell titled:Memorandum Regarding Discovery of Notes of Plaintiffs' Expert Witnesses. (fdc) (Entered: 01/06/1995)
73 Motion by C. Robin Britt, Gwendolyn C. Chunn, Michael Bryant, Tommie Clark to compel Production of Documents and Memorandum in Support (fdc) (Entered: 01/06/1995)
74 Order granting [70-1] motion to continue Pre-Trial and Trial reset bench trial before Judge W. E. Britt for 2/27/95 signed by Judge Britt. OB Ref: #87,pg.118 cc to NCPLS & cnsl. (fdc) Modified on 01/10/1995 (Entered: 01/06/1995)
75 Order denying [73-1] motion to compel Production of Documents signed by Magistrate Judge Denson. OB Ref: #87,pg.119 cc to NCPLS & cnsl. (fdc) (Entered: 01/06/1995)
76 Document filed by defendant C. Robin Britt, defendant Gwendolyn C. Chunn, defendant Michael Bryant, defendant Tommie Clark titled:Statement of Agreement to Enter into Good Faith Settlement Negotiations. (fdc) (Entered: 01/06/1995)
77 Joint Stipulation of Confidentiality by Andre Law, Latonya Bostic, C. Robin Britt, Gwendolyn C. Chunn, Michael Bryant, Tommie Clark, Shannon Price, Jaime Patterson, Kris Shontee Davis, Edward Williams, Alphons Mitchell 1cc:Judge Denson by counsel (fs) (Entered: 01/11/1995)
78 Order granting [69-1] motion to compel Production of Documents with incorporated supporting Memorandum of Law, Betty Nelson, Cheif Court Counslor of Wake Co. Juvenile Court is ORDERED to produce for inspection and copying all filed and records reguarding John W. no later than January 20, 1995 unless pltf's attorneys agree to a later date signed by Judge Denson. OB Ref: 87, p.142 1cc:all counsel (fs) (Entered: 01/11/1995)
79 Motion by Andre Law, Latonya Bostic, Shannon Price, Jaime Patterson, Kris Shontee Davis, Edward Williams, Alphons Mitchell with memorandum in support to compel (gm) (Entered: 02/10/1995)
Pre-trial conference set at 10:30 a.m. on 2/13/95 in the U.S. Ctrm., 6th Floor, Cthse. & Fed. Bldg., Raleigh, N.C., before USMJ Alexander B. Denson. (fdc) (Entered: 01/31/1995)
Bench trial set at 9:00 a.m. on 2/27/95 in the U.S. Ctrm. No. 2, 7th Floor,

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02/09/1995 02/10/1995 02/10/1995
02/10/1995
02/10/1995 02/22/1995 12/23/1997 01/09/1998 01/20/1998

Cthse. & Fed. Bldg., Raleigh, N.C., before Judge W. E. Britt. (fdc) (Entered: 01/31/1995)
80 Joint motion for approval of compromise and dismissal (gm) (Entered: 02/10/1995)
Motion(s) submitted to Judge Britt: [80-1] joint motion for approval of compromise and dismissal submitted (gm) (Entered: 02/10/1995)
81 Document filed by plaintiff Andre Law, plaintiff Latonya Bostic, defendant C. Robin Britt, defendant Gwendolyn C. Chunn, defendant Michael Bryant, defendant Tommie Clark, plaintiff Shannon Price, plaintiff Jaime Patterson, plaintiff Kris Shontee Davis, plaintiff Edward Williams, plaintiff Alphons Mitchell titled: Settlement Agreement (fs) (Entered: 02/10/1995)
82 Order as this action has been settled, all pending motions are MOOT and denying [80-1] joint motion for approval of compromise and dismissal, denying [79-1] motion to compel, denying [67-1] motion for Expedited Response to an Interrogatory, denying [46-1] motion to allow dismissal of state constitution education claim signed by Judge Britt. OB Ref: 88, p.42 1cc:NCPLS, NCAG (fs) (Entered: 02/10/1995)
Case closed non-permanent (fs) (Entered: 02/13/1995)
83 Order, On Notice To Plaintiff Class signed by Magistrate Judge Denson. OB Ref: #88,pg.100 cys dist. (fdc) (Entered: 02/27/1995)
84 Report of Completion of Settlement Monitoring and Voluntary dismissal with prejudice (gm) (Entered: 12/31/1997)
Case submitted to: Judge Britt [84-1] dismiss/dismissal stipulation submitted (gm) (Entered: 01/09/1998)
85 Order dismissing actions with prejudice signed by Judge Britt. OB Ref: 112, p. 123 cc: all counsel (gm) (Entered: 01/20/1998)

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Page 1 of 3

CLOSED, Consolidated
U.S. District Court Eastern District of North Carolina (Western Division)
CIVIL DOCKET FOR CASE #: 5:94-ct-00581

Simpson, et al v. Britt, et al Assigned to: Judge W. Earl Britt Demand: $0 Cause: 28:1331 Fed. Question: Civil Rights Violation

Date Filed: 08/05/1994 Jury Demand: None Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question

Plaintiff Antwan Simpson

represented by Marvin Ray Sparrow Sparrow & Vandenberg Box 388 Durham, NC 27702 919-956-7924 Fax: 680-2092 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Shaune Kimbrough

represented by Marvin Ray Sparrow (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff
Stephanie Hall themselves and on behalf of others similarly situated

represented by Marvin Ray Sparrow (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Secretary of Human R C. Robin Britt
Defendant Director of Div. of Gwendolyn C.

represented by John R. Corne N.C. Department of Justice jcorne@ncdoj.com P.O. Box 629 Raleigh, NC 27602-0629 919-716-6800 Fax: 716-6755 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by John R. Corne

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Chunn Director of Division of Youth Services
Defendant Tommie Clark Manager of Detention

(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by John R. Corne (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 08/05/1994 08/05/1994 08/05/1994 08/18/1994
08/18/1994
08/18/1994 08/22/1994 08/22/1994
08/25/1994
08/25/1994
08/26/1994 09/07/1994

#

Docket Text

1 Complaint filed, alleges civil rights violations in detention centers, seeks injunctive relief. (fdc) (Entered: 09/07/1994)

Summonses issued for C. Robin Britt, Gwendolyn C. Chunn, Tommie Clark (fdc) (Entered: 09/07/1994)

Filing Fee Paid; FILING FEE $120 RECEIPT# 28486 (fdc) (Entered: 09/07/1994)

2 Motion by Antwan Simpson, Shaune Kimbrough, Stephanie Hall with memorandum in support to consolidate with case No. 93-300-CRT-BR . (fdc) (Entered: 10/02/1994)

3 Motion by Antwan Simpson, Shaune Kimbrough, Stephanie Hall with memorandum in support for class certification . (fdc) (Entered: 10/02/1994)

4 Amended complaint by Antwan Simpson, Shaune Kimbrough, Stephanie Hall :amends [1-1] complaint. (fdc) (Entered: 10/02/1994)

5 Motion by C. Robin Britt, Gwendolyn C. Chunn, Tommie Clark to extend time to answer . (fdc) (Entered: 10/02/1994)

6 Order granting [5-1] motion to extend time to answer, set answer due for 9/29/94 for Tommie Clark, for Gwendolyn C. Chunn, for C. Robin Britt signed by Skinner, Dep.Clk. Cys. returned for service. (fdc) (Entered: 10/02/1994)

7 Memorandum by C. Robin Britt, Gwendolyn C. Chunn, Tommie Clark in opposition to [2-1] motion to consolidate with case No. 93-300-CRT-BR. (fdc) (Entered: 10/02/1994)

8 Motion by C. Robin Britt, Gwendolyn C. Chunn, Tommie Clark with memorandum in support to consolidate with case No. 93-300-CRT-BR . (fdc) (Entered: 10/02/1994)

9 Motion by C. Robin Britt, Gwendolyn C. Chunn, Tommie Clark to extend time . (fdc) (Entered: 10/02/1994)

10 Order granting [9-1] motion to extend time, response to motion reset to 10/19/94 for [3-1] motion for class certification - signed by Daniel,

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Clerk. Cys. served. (fdc) (Entered: 10/02/1994)
11 Answer to Complaint by C. Robin Britt. (fdc) (Entered: 10/02/1994)
12 Answer to Complaint by Gwendolyn C. Chunn. (fdc) (Entered: 10/02/1994)
13 Answer to Complaint by Tommie Clark. (fdc) (Entered: 10/02/1994)
14 Order granting [2-1] motion to consolidate with case No. 93-300-CRTBR & the clerk is directed to maintain all subsequent pleadings in case No. 93-300-CT-BR & all subsequent pleadings should reflect the caption & docket number of each case with this case to have the following docket number: 5:94-CT-581-BR2. All non-dispositive motions are hereby referred to USMJ Denson - signed by USDJ Britt. CRT OB Ref: 85, p. 139. Cys. served. (fdc) (Entered: 10/06/1994)
Terminated document No. 8 as moot. (fdc) (Entered: 10/06/1994)
Case reassigned to Judge W. E. Britt & consolidated with case No. 93300-CT-BR, with all non-dispositive motions to be referred to USMJ Denson. (fdc) (Entered: 10/06/1994)
Case consolidated with 93-300-CRT-BR (gm) (Entered: 01/20/1995)
Pre-trial conference set at 10:30 a.m. on 2/13/95 in the U.S. Ctrm., 6th Floor, Cthse. & Fed. Bldg., Raleigh, N.C., before USMJ Alexander B. Denson. (fdc) (Entered: 01/31/1995)
Bench trial set at 9:00 a.m. on 2/27/95 in the U.S. Ctrm. No. 2, 7th Floor, Cthse. & Fed. Bldg., Raleigh, N.C., before Judge W. E. Britt. (fdc) (Entered: 01/31/1995)
Terminated motion for class certification (gm) (Entered: 01/20/1995)
Case closed - Non Permanent (gm) (Entered: 07/26/1995)

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[CONTENT] May 17, 1993 | North Carolina | U.S.C. &sect | 1983 | the U.S. District Court | the Eastern District | North Carolina | Human Resources |||  |||  |||  |||  |||  |||  ||| September 30, 1994 | Simpson v. Britt | 94-00581 |||  ||| February 22, 1995 | the District Court | Magistrate | Denson |||  |||  |||  ||| January 20, 1998 [SUMMARY] On May 17, 1993, juveniles detained in North Carolina detention centers filed a class action lawsuit under 42 U.S.C. &sect; 1983 in the U.S. District Court for the Eastern District of North Carolina against the Secretary of Human Resources and the various regional detention centers. The class consisted of all juveniles who were confined in the detention centers. Private counsel represented the class. The plaintiffs sought injunctive relief and damages, alleging that the conditions at the juvenile detention centers violated the constitutional guarantees of due process and freedom from unreasonable seizure, punishment, and to cruel and unusual punishment. 

According to the complaint, the detention centers were overcrowded and inadequately staffed. The overcrowding and understaffing increased the risk of inmate-on-inmate violence. The health care, classification system, recreation, and educational programs were all inadequate. 

On September 30, 1994, the case was consolidated with Simpson v. Britt (Docket No. 94-00581).

After discovery and negotiation, the parties reached a settlement agreement. On February 22, 1995, the District Court (Magistrate Judge Denson) approved a settlement agreement. The agreement provided for a reduction in the number of juveniles confined in the detention center, a good faith effort to provide additional staff, the development and implementation of a medical care plan, a mental health care plan, and the development and implementation of an educational plan. Additionally, a behavior management system was specifically outlined. The defendant was required to standardize intake procedures, develop and implement a classification system, provide recreation and programming, and develop and implement a policy regarding visitation, telephone use, and mail. 

The case was dismissed with prejudice on January 20, 1998. 

