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1992 Order to Change Georgia Jail Conditions Lifted Under PLRA

Cherokee County, Georgia Sheriff Roger Garrison moved for the termination of a 1992 consent order implemented to improve conditions at the county jail. The motion was granted because no current or recent violations had been proven.

In 2002 the sheriff filed a motion for the order's termination under provisions of the Prison Litigation Reform Act (PLRA), claiming that the original plaintiffs no longer were held at the jail, the order predated the PLRA, and the consent order no longer satisfied the PLRA's relief requirements. The motion was opposed by the plaintiffs’ counsel, who argued that certain issues which were not addressed in an affidavit filed by the sheriff inferred some noncompliant issues remained in violation of the consent order.

The U.S. District Court for the Northern District of Georgia at Atlanta held that the order's termination was statutorily mandated because the plaintiffs failed to prove any current violations existed, and none had been alleged for over 15 years. See: Rhodes v. Seay, U.S.D.C. (N.D. Ga.), Case No. l:91 cv 02908 ODE (July 2, 2007).

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Related legal case

Rhodes v. Seay