Green v. Ferrell

500 F. Supp. 870, 1980 U.S. Dist. LEXIS 14866
CourtDistrict Court, S.D. Mississippi
DecidedNovember 13, 1980
DocketCiv. A. Nos. W79-0009(N), W79-0099(N)
StatusPublished

This text of 500 F. Supp. 870 (Green v. Ferrell) is published on Counsel Stack Legal Research, covering District Court, S.D. Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Green v. Ferrell, 500 F. Supp. 870, 1980 U.S. Dist. LEXIS 14866 (S.D. Miss. 1980).

Opinion

MEMORANDUM OPINION

WALTER L. NIXON, Jr., District Judge.

These are two related but unconsolidated civil rights actions concerning conditions of confinement in the Adams County, Mississippi Jail (hereinafter referred to as the jail). Green v. Ferrell is a class action by convicted inmates seeking declaratory and injunctive relief concerning a variety of jail conditions and practices. Belton v. Ferrell is an individual action by Moses Belton, a former prisoner, seeking declaratory and injunctive relief and monetary damages for specifically alleged violations of his due process rights and defendants’ failure to afford him needed medical services while incarcerated. Jurisdiction is alleged, in both eases, under 28 U.S.C. §§ 1343, 2201 and 2202. Both plaintiffs and defendants in each case filed motions for summary judgment which were denied following oral arguments. The cases are not before the Court on evidence received pursuant to paragraphs 3-5 of this Court’s Order of March 31, 1980:

[A]s mandated by Bell v. Wolfish, 441 U.S. 520 [99 S.Ct. 1861, 60 L.Ed.2d 447] (1979), and Smith v. Sullivan, 611 F.2d 1039 (5th Cir. 1980), this Court intends to hold a hearing “to be set in the near future” to evaluate the totality of conditions at the Adams County Jail. After such hearing, this Court will continue to exercise its jurisdiction only if substantial evidence has been submitted demonstrating a violation of the Plaintiffs’ constitutional rights.
The Court hereby gives counsel for both sides adequate opportunity to submit any other evidence, supplemental affidavits or memorandum briefs in regard to the condition of the Adams County Jail, provided that such materials be submitted no later than thirty (30) days from the date of this Order. All of the above submitted materials will be evaluated by the Court along with any additional oral testimony or arguments requested by counsel to be presented on the date of the hearing.
The above styled cases [Green and Belton] will be consolidated for purposes of the hearing discussed above.

A non-jury evidentiary hearing in accordance with the terms of the March 31 Order was held on July 30 and August 1, 1980. Plaintiffs offered the testimony of two incarcerated inmates, Walter J. Kelly and Clarence L. Pilcher, a former inmate, Moses Belton, and Mrs. Ella Tardy, Jail Project Coordinator for the Mississippi State Medical Association. Additionally, plaintiffs re-introduced a variety of documentary evidence already in the record from prior motions and other proceedings along with several affidavits. Defendants [872]*872offered expert testimony by Paul Rankin, Director of the Division of Food Service and Sanitation, Mississippi State Department of Health; John Chamblee, Chief Deputy State Fire Marshal; Elise Aiden, licensed dietitian, and by deposition the defendants offered the testimony of Dr. David M. Ball, M.D., the jail’s contract physician. Adams County Sheriff William T. Ferrell also testified concerning general jail conditions and administrative practices. Defendants also offered selected affidavits, photographs and other documentary evidence previously filed in connection with earlier pleadings. In accordance with instructions from the Court, both sides filed written objections to the additional documentary evidence offered by the plaintiffs as well as objections to the deposition of Dr. Ball taken subsequent to the hearing, which the Court has accordingly ruled on; therefore, this matter is ripe for decision.

This memorandum opinion, pursuant to Rule 52(a), Federal Rules of Civil Procedure, represents the Court’s Findings of Fact and Conclusions of Law, based on the evidence thus adduced.

FINDINGS OF FACT

Green v. Ferrell

Physical Plant

The new Adams County Jail was conceived, planned, financed, constructed and occupied over eleven months before either the Green or Belton complaint was filed. The jail, which opened on March 1, 1978, is a two million dollar modern, five-story masonry structure located in downtown Natchez. It is designed to hold 72 persons, 62 of whom are housed individually in private, virtually identical 63 square foot cells equipped with a bunk, light, stainless steel water, toilet and lavatory unit. Most cells have a window with a built in fresh air register which affords cell occupants access to sunlight and fresh air when weather permits. The entire facility is centrally heated and air conditioned to a year-round temperature of approximately 72°.

The Adams County Jail has never at any one time housed more than its 72 person capacity, and at no time except in the trusty bunk room has more than one prisoner been housed in a cell. The trusty bunk room is more of a dormitory room. The retention facilities of the Adams County Jail are contained on the second and third floors of the jail. Pretrial detainees and convicted misdemeanants are all housed on the second floor, separating juvenile inmates as well as male and female inmates. Convicted felons (who comprise the class), are housed on the third floor, which again separates male from female inmates.

Both the second and third floors are divided into three groups of cells. The group of cells or cellblocks range in size from 6 to 12 cells in which all of the cells open into a central room called a dayroom. The day-rooms range in size from 432 square feet to 702 square feet with affixed benches on each side, a stainless steel laundry sink and showers.

The jail is equipped with a T.V. monitoring system and a public address system which monitors visually and aurally the entire jail facility. The public address system is available for instruction to all segments of the jail, particularly those segments in which prisoners are housed, and is specifically provided for jailer audio monitoring of the entire jail facility and for the broadcast of routine and emergency instructions to all inmates. The system is available for use in the evacuation of inmates in the event of fire and for the giving of instructions by the jailer for such evacuations. It is alternatively powered by an emergency electrical supply.

The jail structure is of masonry and reinforced concrete construction and exceeds all applicable requirements for a fully fireproof rating under the Southern Standard Building Code Congress and meets all recommendations of the National Fire Protection Association.

Food

The menu prepared for the jail on a weekly basis provides each member of this [873]*873class a daily diet affording each inmate slightly over 2,000 calories per day. Food is furnished to the inmates twice daily, prepared on the premises in an excellent institution-type kitchen and served from a food warmer. The meals are served hot and in the opinion of this Court are nutritionally adequate.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Gibbs v. Buck
307 U.S. 66 (Supreme Court, 1939)
Johnson v. Avery
393 U.S. 483 (Supreme Court, 1969)
Hagans v. Lavine
415 U.S. 528 (Supreme Court, 1974)
Procunier v. Martinez
416 U.S. 396 (Supreme Court, 1974)
Wolff v. McDonnell
418 U.S. 539 (Supreme Court, 1974)
Butler v. Dexter
425 U.S. 262 (Supreme Court, 1976)
Estelle v. Gamble
429 U.S. 97 (Supreme Court, 1976)
Bounds v. Smith
430 U.S. 817 (Supreme Court, 1977)
Hutto v. Finney
437 U.S. 678 (Supreme Court, 1979)
Bell v. Wolfish
441 U.S. 520 (Supreme Court, 1979)
Leslie D. Willis v. Dr. P. J. Ciccone
506 F.2d 1011 (Eighth Circuit, 1974)

Cite This Page — Counsel Stack

Bluebook (online)
500 F. Supp. 870, 1980 U.S. Dist. LEXIS 14866, Counsel Stack Legal Research, https://law.counselstack.com/opinion/green-v-ferrell-mssd-1980.