Case: Doe v. Napper

1:93-cv-00642 | U.S. District Court for the Northern District of Georgia

Filed Date: March 26, 1993

Closed Date: 1998

Clearinghouse coding complete

Case Summary

On March 26, 1993, juvenile inmates of Marietta Regional Youth Detention Center ("MRYDC"), filed a class action law suit under 42 U.S.C. § 1983, in U.S. District Court for the Northern District of Georgia, against the Georgia Department of Child and Youth Services ("DCYS"), MRYDC, and the State Department of Education ("DOE"). The Plaintiffs, represented originally by Atlanta Legal Aid, alleged unsafe and unsanitary conditions of confinement including: overcrowding; lack of heat; inadequate bat…

On March 26, 1993, juvenile inmates of Marietta Regional Youth Detention Center ("MRYDC"), filed a class action law suit under 42 U.S.C. § 1983, in U.S. District Court for the Northern District of Georgia, against the Georgia Department of Child and Youth Services ("DCYS"), MRYDC, and the State Department of Education ("DOE"). The Plaintiffs, represented originally by Atlanta Legal Aid, alleged unsafe and unsanitary conditions of confinement including: overcrowding; lack of heat; inadequate bathroom and sanitary accommodations; manual locks impeding any fire escape; inadequate staff; inadequate medical and psychiatric services; restricted access to the courts; and lack of free and appropriate educational services, pursuant to the Juvenile Justice Act, 42 U.S.C. § 5601 et seq., and the Education of the Handicapped Act, 20 U.S.C. § 1400 (c).

On April 14, 1993, the U.S. District Court for the Northern District of Georgia (Judge Julie E. Carnes) granted Plaintiffs' motion to proceed in pseudonym. On January 10, 1994, the Court certified the class as all juveniles served by MRYDC or any other facility designed and operated for the population currently served by MRYDC. After a Settlement Conference on April 22, 1994, the Court dismissed the case without prejudice or costs on September 9, 1994, to be reopened by May 1, 1995 if Judge Carnes had not consummated a settlement agreement. On April 26, 1996, the Court (Judge Carnes) referred the case to Magistrate Judge Joel M. Feldman for settlement conference only. On December 12, 1996 the attorneys for Legal Aid withdrew as counsel for Plaintiffs and were replaced by private attorneys. On February 2, 1997, the Court (Judge Carnes) denied Plaintiffs' motion to reopen. But on October 3, 1997, the Court finally ordered the case reopened. Finally on December 12, 1997, stipulations for consent decree were submitted and approved by the Court (Judge Carnes).

The Consent Decree ordered MRYDC to comply with all federal and local laws in the complained of areas. Most importantly it provided for: medical and psychological screenings within 48 hours of admittance; 24-hour emergency medical care; facility repairs to meet mandatory standards for heat, air conditioning, plumbing, and lighting; regular preventative maintenance of the building; designated areas for class and education; screenings and accommodations for special education students; updated locks to comply with evacuation standards in the event of a fire or other emergency; increased staff levels; in-service education of all staff regarding sensitive issues such as sexual abuse, suicide, etc. The DCYS and DOE were required to allow Plaintiffs' Monitor, Dr. Vincent Carbone, access to pertinent records for the two years after the Consent Decree went into effect. DCYS and DOE were also responsible for all costs related to Monitoring. Plaintiffs' counsel retained the right to bring action against Defendants if any violation of the Consent Decree is discovered; the jurisdiction of the Court was to expire two years after the Decree went into effect.

On January 30, 1998, the Court (Judge Carnes) terminated the case.

Summary Authors

Kristen Sagar (11/17/2006)

People


Documents in the Clearinghouse

Documents in this case

1:93-cv-00642

Docket [PACER]

Oct. 17, 2005

Oct. 17, 2005

Docket
1

1:93-cv-00642

Complaint Class Action

March 26, 1993

March 26, 1993

Complaint
63

1:93-cv-00642

Consent Decree

Dec. 12, 1997

Dec. 12, 1997

Order/Opinion

Resources

Docket

Last updated March 25, 2025, 8:20 a.m.

ECF Number Date Description Link
1 March 26, 1993

COMPLAINT filed summons issued. Consent form to proceed before U.S. magistrate and pretrial instructions given to attorney. FILING FEE $ 120.00 RECEIPT # 185118 (ds) (Entered: 03/30/1993)

Clearinghouse
2 March 26, 1993

ANSWER TO MANDATORY INTERROGATORIES by John Doe (ds) (Entered: 03/30/1993)

PACER
3 March 26, 1993

MOTION by plaintiff John Doe to proceed in pseudonym with brief in support. (ds) (Entered: 03/30/1993)

PACER
4 March 26, 1993

MOTION by plaintiff John Doe for expedited discovery with brief in support. (ds) (Entered: 03/30/1993)

PACER
March 26, 1993

ATTACHMENTS to motion to proceed in pseudonym by John Doe [3- 1]. (FILED UNDER SEAL) (ds) (Entered: 03/30/1993)

PACER
March 30, 1993

SUBMITTED on motion to proceed in pseudonym by John Doe [3-1], motion for expedited discovery by John Doe [4-1] Judge Julie E. Carnes. (ds) (Entered: 03/30/1993)

PACER
5 March 31, 1993

Return of service executed 3/26/93 as to James Phillips, Werner Rogers, State Board of Educ & Commissioner Ga Departmt of Children and Youth Services on original complaint. (cbm) (Entered: 04/05/1993)

PACER
6 April 8, 1993

MOTION by plaintiff John Doe to certify class action with brief in support. (ds) (Entered: 04/12/1993)

PACER
7 April 12, 1993

Memo by defendant George Napper Jr., defendant James - Phillips, defendant Werner Rogers, defendant State Board of Educ in Opposition to motion for expedited discovery by John Doe [4-1] (ds) (Entered: 04/14/1993)

PACER
8 April 14, 1993

Supplement to defts memorandum [7-1] (ds) (Entered: 04/15/1993)

PACER
9 April 14, 1993

ORDER GRANTING motion to proceed in pseudonym by John Doe [3- 1], GRANTING motion for expedited discovery by John Doe [4-1] to the extent that defense must supply requested documents/records by Friday, May 14, 1993, pltfs may inspect premises on June 1st or 2nd, 1993. Pltfs request to interview staff is denied by Judge Julie E. Carnes. (cps srvd by crt/dp) (ds) (Entered: 04/15/1993)

PACER
April 14, 1993

HEARING HELD on motion for expedited discovery by John Doe [4-1], motion to proceed in pseudonym by John Doe [3-1] before Judge Julie E. Carnes; (ds) (Entered: 04/15/1993)

PACER
10 April 19, 1993

ANSWER to complaint [1-1] by Werner Rogers, State Board of Education. (ds) (Entered: 04/22/1993)

PACER
11 April 19, 1993

ANSWER to complaint [1-1] by George Napper Jr., James - Phillips. (ds) (Entered: 04/22/1993)

PACER
13 April 26, 1993

JOINT STATEMENT concerning class communications. (ds) (Entered: 04/29/1993)

PACER
April 28, 1993

SUBMITTED on motion to certify class action by John Doe [6-1] to Judge Julie E. Carnes . (ds) (Entered: 04/28/1993)

PACER
14 April 30, 1993

ANSWER TO MANDATORY INTERROGATORIES by Werner Rogers, State Board of Educ (ds) (Entered: 05/04/1993)

PACER
18 May 1, 1993

Joint Preliminary Statement and Scheduling Order. (to judge) (ds) (Entered: 05/19/1993)

PACER
15 May 3, 1993

ANSWER TO MANDATORY INTERROGATORIES by George Napper Jr., James - Phillips (ds) (Entered: 05/06/1993)

PACER
16 May 3, 1993

Certificate of interested persons. (to judge) (ds) (Entered: 05/06/1993)

PACER
17 May 10, 1993

REPLY by John Doe to response to motion to certify class action by John Doe [6-1]. (ds) (Entered: 05/14/1993)

PACER
May 27, 1993

Proposed amendment to complaint [1-1] by plaintiff John Doe (jec for consideration). (ds) (Entered: 06/07/1993)

PACER
19 June 1, 1993

ORDER Discovery ends 1/14/94. Trial set for June 1994 by Judge Julie E. Carnes. cc (ds) (Entered: 06/08/1993)

PACER
June 1, 1993

ORDER endorsed on motion, APPROVING preliminary statement [18-1] by Judge Julie E. Carnes. cc (ds) (Entered: 06/08/1993)

PACER
June 1, 1993

Telephone Conference held before Judge Julie E. Carnes; (ds) (Entered: 06/08/1993)

PACER
20 June 8, 1993

ORDER that pltfs proposed amended complaint is approved and allowed filed by Judge Julie E. Carnes. cc (ds) (Entered: 06/10/1993)

PACER
21 June 8, 1993

AMENDMENT TO COMPLAINT [1-1] by John Doe. (ds) (Entered: 06/10/1993)

PACER
22 June 14, 1993

Application for leave of absence of Kathryn Lloyd Allen for July 6- 21, 1993 (jec for aprvl) (ds) (Entered: 06/21/1993)

PACER
23 June 14, 1993

ANSWER to amended complaint [21-1] by George Napper Jr., James - Phillips. (ds) (Entered: 06/21/1993)

PACER
24 June 14, 1993

ANSWER to amended complaint [21-1] by Werner Rogers, State Board of Educ. (ds) (Entered: 06/21/1993)

PACER
25 June 17, 1993

MOTION by plaintiff John Doe to amend complaint [1-1] with brief in support. (jec) (ds) (Entered: 06/22/1993)

PACER
26 June 17, 1993

Notice of FILING UNDER SEAL by plaintiff John Doe. (jec) (ds) (Entered: 06/22/1993)

PACER
28 July 2, 1993

ANSWER to motion to amend complaint by George Napper Jr., James - Phillips. (er) (Entered: 07/07/1993)

PACER
29 Aug. 2, 1993

CONSENT ORDER w/motion extending time to 8/16/93 for defts to respond to plas discovery requests by Judge Julie E. Carnes. cc (ds) Modified on 08/09/1993 (Entered: 08/09/1993)

PACER
30 Nov. 12, 1993

Joint MOTION to extend discovery to 4/15/94 . (jec for consideration) (ds) (Entered: 11/18/1993)

PACER
31 Nov. 19, 1993

CONSENT ORDER GRANTING joint motion to extend discovery to 4/15/94 [30-1]; Discovery ends 4/15/94 by Judge Julie E. Carnes. FINAL EXTENSION cc (ds) (Entered: 11/23/1993)

PACER
32 Jan. 10, 1994

ORDER GRANTING motion to amend complaint [1-1] by John Doe [25-1], GRANTING motion to certify class action by John Doe [6-1] by Judge Julie E. Carnes. cc (ds) (Entered: 01/11/1994)

PACER
33 March 8, 1994

(Letter) Joint request for status conference. (ds) (Entered: 03/14/1994)

PACER
34 April 18, 1994

Status of legal issues related to settlement of class action. (jec) (ds) (Entered: 04/19/1994)

PACER
35 April 18, 1994

Status of Consent Negotiation. (ds) (Entered: 04/20/1994)

PACER
April 22, 1994

SETTLEMENT CONFERENCE before Judge Julie E. Carnes. Parties are making progress towards settlement. Requests not to submit pretrial order were granted. Parties will update Court on status of settlement by 6/30/94. (dfb) (Entered: 04/25/1994)

PACER
36 July 18, 1994

STATUS REPORT by dfts. (ds) (Entered: 07/22/1994)

PACER
37 July 20, 1994

Letter from chambers directing counsel to submit updated progress report by the end of August. (ds) (Entered: 07/22/1994)

PACER
38 Sept. 6, 1994

JOINT STATUS REPORT . (ds) Modified on 09/08/1994 (Entered: 09/08/1994)

PACER
39 Sept. 9, 1994

ORDER dismissing case w/o costs and w/o prejudice to reopen by May 1, 1995 if settlement not consummated by Judge Julie E. Carnes. cc (ds) (Entered: 09/12/1994)

PACER
40 Sept. 22, 1994

MOTION by plaintiff John Doe to alter or amend judgment , relief from judgment , or for clarification with brief in support. (ds) (Entered: 09/23/1994)

PACER
Oct. 25, 1994

SUBMITTED on motion to alter or amend judgment by John Doe [40-1], motion relief from judgment by John Doe [40-2], motion for clarification by John Doe [40-3] to Judge Julie E. Carnes . (ds) (Entered: 10/25/1994)

PACER
41 Nov. 14, 1994

Letter from chamber in response to motion to alter or amend judgment [40-1], motion relief from judgment [40-2], motion for clarification [40- 3] by Judge Julie E. Carnes (ds) (Entered: 11/17/1994)

PACER
42 May 3, 1995

JOINT STATUS REPORT. (ds) (Entered: 05/08/1995)

PACER
43 April 11, 1996

ORDER directing parties to show cause w/n (11) days in re: sealed material by Judge Julie E. Carnes. (cps srvd by crt/dp) (ds) Modified on 04/12/1996 (Entered: 04/12/1996)

PACER
44 April 19, 1996

Joint response to order [43-1]. (ds) (Entered: 04/25/1996)

PACER
April 19, 1996

SUBMITTED on order [43-1] to Judge Julie E. Carnes . (ds) (Entered: 04/25/1996)

PACER
45 April 26, 1996

ORDER that sealed material be returned to submitting party by Judge Julie E. Carnes. cc (ds) (Entered: 05/01/1996)

PACER
April 30, 1996

CASE REFERRED to Mag Judge Joel M. Feldman for settlement conference only. (ds) (Entered: 05/01/1996)

PACER
April 30, 1996

Completed referral to Mag Judge Joel M. Feldman . (ds) (Entered: 11/20/1996)

PACER
46 July 2, 1996

Attorney appearance for pla by Frank Love Jr., John Weldon Harbin. (ds) (Entered: 07/05/1996)

PACER
47 July 26, 1996

MOTION to withdraw by Charles Richardson Bliss, Gary Jay Leshaw, Catherine C. Vandenberg, Kathleen Ann Dumitrescu as attorney for plas with brief in support. (ds) (Entered: 08/01/1996)

PACER
Aug. 19, 1996

SUBMITTED on motion to withdraw by Charles Richardson Bliss, Gary Jay Leshaw, Catherine C. Vandenberg, Kathleen Ann Dumitrescu as attorney for plas [47-1] to Judge Julie E. Carnes . (ds) (Entered: 08/19/1996)

PACER
48 Oct. 29, 1996

MOTION by pla to reopen case , and to reopen discovery with brief in support. (ds) (Entered: 11/06/1996)

PACER
49 Nov. 19, 1996

Response by dfts to pla's motion to reopen case [48-1], motion to reopen discovery [48-2]. ( (ds) (Entered: 11/22/1996)

PACER
Nov. 22, 1996

SUBMITTED on pla's motion to reopen case [48-1], motion to reopen discovery [48-2] to Judge Julie E. Carnes. (YOU HAVE FILE) (ds) (Entered: 11/22/1996)

PACER
50 Dec. 5, 1996

Letter from chamber setting conference for 12/17/96; 2:00 p.m. (cps srvd by crt/dp) (ds) (Entered: 12/09/1996)

PACER
51 Dec. 5, 1996

ORDER by Judge Julie E. Carnes GRANTING [47-1] motion to withdraw by Charles Richardson Bliss, Gary Jay Leshaw, Catherine C. Vandenberg, Kathleen Ann Dumitrescu as attorney for plas (cc) (ds) (Entered: 12/09/1996)

PACER
52 Dec. 9, 1996

Reply brief to [48-1] motion to reopen case, [48-2] motion to reopen discovery by plaintiff John Doe . (ds) (Entered: 12/11/1996)

PACER
Dec. 17, 1996

STATUS CONFERENCE HELD before Judge Julie E. Carnes; Clerk to resubmit motions on 2/3/97. (ds) (Entered: 12/17/1996)

PACER
Feb. 18, 1997

SUBMITTED to Judge Julie E. Carnes on [48-1] motion to reopen case, [48-2] motion to reopen discovery (ds) (Entered: 02/18/1997)

PACER
53 Feb. 24, 1997

ORDER by Judge Julie E. Carnes DENYING w/o prejudice [48-1] motion to reopen case by John Doe, DENYING w/o prejudice [48-2] motion to reopen discovery by John Doe. Upon compliance w/ 12/17/96 order the court will reconsider its ruling. (cc) (ds) (Entered: 02/25/1997)

PACER
54 July 15, 1997

STATUS REPORT by plaintiff. (ds) (Entered: 07/22/1997)

PACER
54 July 15, 1997

MOTION by plaintiff to reopen with brief & affidavit in support. (ds) (Entered: 07/22/1997)

PACER
55 Aug. 11, 1997

Response by defendants in Opposition to [54-1] motion to reopen (ds) (Entered: 08/13/1997)

PACER
Aug. 11, 1997

SUBMITTED to Judge Julie E. Carnes on [54-1] motion to reopen (ds) (Entered: 08/11/1997)

PACER
56 Aug. 26, 1997

REPLY by plaintiff to response to [54-1] motion to reopen (ds) (Entered: 08/27/1997)

PACER
57 Aug. 27, 1997

AMENDED REPLY by plaintiff to response to [54-1] motion to reopen (ds) (Entered: 08/29/1997)

PACER
58 Aug. 28, 1997

ORDER by Judge Julie E. Carnes DEFERRING ruling on [54-1] motion to reopen by John Doe, Counsel to submit memorandum outlining obstacles of settlement by 9/19/97 [54-1] motion to reopen to be submitted on 9/20/97 (cc) (ds) (Entered: 08/29/1997)

PACER
Sept. 24, 1997

SUBMITTED to Judge Julie E. Carnes on [58-1] order, [54-1] status report, [54-1] motion to reopen (ds) (Entered: 09/24/1997)

PACER
59 Oct. 1, 1997

(Letter) Response by defendant George Napper Jr., defendant James - Phillips to [58-1] order. (ds) (Entered: 10/06/1997)

PACER
60 Oct. 3, 1997

ORDER by Judge Julie E. Carnes GRANTING [54-1] motion to reopen. Counsel to submit joint proposed scheduling order indicating a tentative discovery schedule & amt of discovery time needed w/n 20 days, [60-1] order to be submitted on 10/30/97 (cc) (ds) (Entered: 10/06/1997)

PACER
Oct. 3, 1997

Case reopened. (ds) (Entered: 10/06/1997)

PACER
61 Oct. 27, 1997

JOINT REPORT. (ds) Modified on 10/28/1997 (Entered: 10/28/1997)

PACER
Oct. 28, 1997

SUBMITTED to Judge Julie E. Carnes on [61-1] status report, [60-1] order. (ds) (Entered: 10/28/1997)

PACER
62 Nov. 13, 1997

ORDER by Judge Julie E. Carnes, Discovery ends 3/9/98. Motions for sum.jgm. due 3/30/98; , If no motion filed, PTO due on 4/9/98; If motions filed PTO due 30 days after ruling. , [62-1] order to be submitted on 4/10/98 if no motion or PTO filed (cc) (ds) (Entered: 11/17/1997)

PACER
63 Dec. 12, 1997

Stipulation, for consent decree, and consent decree approved by Judge Julie E. Carnes. (w/1 vol exhibits) (ds) Modified on 02/02/1998 (Entered: 12/15/1997)

Clearinghouse
Jan. 30, 1998

Case terminated. (ds) (Entered: 02/02/1998)

PACER

Case Details

State / Territory:

Georgia

Case Type(s):

Juvenile Institution

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: March 26, 1993

Closing Date: 1998

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All juveniles who are now or in the future will be confined at Marietta Regional Youth Detention Center.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State

Georgia Department of Child and Youth Services and the State Department of Education

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Indv. w/ Disab. Educ. Act (IDEA), Educ. of All Handcpd. Children Act , 20 U.S.C. § 1400

Juvenile Justice Act, 42 U.S.C. § 5672

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Freedom of speech/association

Other Dockets:

Northern District of Georgia 1:93-cv-00642

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1997 - 1998

Issues

General/Misc.:

Access to lawyers or judicial system

Bathing and hygiene

Conditions of confinement

Education

Fire safety

Juveniles

Sanitation / living conditions

Staff (number, training, qualifications, wages)

Totality of conditions

Discrimination Basis:

Disability (inc. reasonable accommodations)

Affected Sex/Gender(s):

Male

Jails, Prisons, Detention Centers, and Other Institutions:

Crowding (General)

Suicide prevention (facilities)

Medical/Mental Health Care:

Medical care, general

Mental health care, general

Recommended Citation