Jones v. Wittenberg, Civ. No. C 70-388.
Decision Date | 29 July 1977 |
Docket Number | Civ. No. C 70-388. |
Citation | 440 F. Supp. 60 |
Parties | Charles JONES et al., Plaintiffs, v. Sol WITTENBERG et al., Defendants. |
Court | U.S. District Court — Northern District of Ohio |
COPYRIGHT MATERIAL OMITTED
COPYRIGHT MATERIAL OMITTED
Dale Wilker, Advocates for Basic Legal Equality, Toledo, Ohio, Stanley A. Bass, New York City, Frank S. Merritt, College of Law, University of Toledo, Gerald B. Lackey, Toledo, Ohio, for plaintiffs.
John F. Hayward, Anthony G. Pizza, Lucas County Prosecutor, Toledo, Ohio, for defendants.
This cause came to be heard upon the First Report of the Special Master evaluating the compliance of the defendants with this Court's order of July 30, 1971, as modified throughout the course of this litigation. The report was filed pursuant to the Court's Order of December 17, 1976. No objections having been filed by any of the parties, the Court being fully advised in the premises, it is ORDERED that the report is in all respects confirmed. Said report is attached hereto as an Appendix, incorporated herein by reference, and made a part hereof as fully for all intents and purposes as if set forth at length herein.
To the extent the First Report of the Special Master deals with ¶ 11 concerning the interpretation of the Court's order of July 6, 1973, with regard to finding of a pre-trial bail release program, the Court adds the following clarification.
In order to effect compliance with the prior orders of the Court with regard to funding of the aforesaid program, the Defendant County Commissioners must provide such funds as are necessary to support a viable program to meet the goals recognized in ¶ 11.
In the July 6, 1973 Order, the Court recognized that funding of at least $14,000 per year is required to meet this end. This figure was not set, however, as a limitation on the obligation of said defendants to provide such funds as are necessary for the program. The Court therefore adopts the finding of the Special Master that the defendants are not in compliance with the provisions of ¶ 11. In confirming the First Report of the Special Master, the Court adopts the findings with respect to the state of compliance in all other aspects of the case as well.
THEREFORE, FOR GOOD CAUSE APPEARING,
it is
FURTHER ORDERED that all of the named defendants, as well as their subordinates, proceed at once to effectuate full compliance with the July 30, 1971, Order of this Court, as modified by subsequent orders of the Court; and it is
FURTHER ORDERED that all steps taken by the defendants and their subordinates to effectuate full compliance with that order, as modified, be supervised, coordinated, and approved by the Special Master, acting for the Court.
In this connection, the Special Master shall have the authority to state to the defendants, their subordinates, and all persons acting in concert with them, or any of them, the actions required to be taken by them, or any of them, to effectuate full compliance, and to seek orders from the Court requiring any or all of said defendants, their subordinates, and persons acting in concert with them, or any of them, to show cause why they should not be punished as for contempt for failure to carry out such actions required;
and it is
FURTHER ORDERED, because of the disclosures of noncompliance contained in the First Report of the Special Master, that the Special Master shall continue to investigate the defendants' state of compliance with the July 30, 1971, order of this Court, as modified, and shall make supplemental reports to the Court in the event that further or continuing instances of noncompliance are discovered.
For this purpose, the Special Master shall have all of the authority granted to him by the December 17, 1976, order of this Court;
and it is
FURTHER ORDERED that the prior order of the Court filed on July 30, 1971, is modified in the following respects:
and it is
FURTHER ORDERED, ADJUDGED, AND DECREED THAT the defendants, their employees, agents, successors, assigns, and all those in concert therewith are ENJOINED FROM:
and it is
FURTHER ORDERED, ADJUDGED, AND DECREED that the defendants, their employees, agents, successors, assigns, and all those in concert therewith are ENJOINED TO:
IT IS SO ORDERED.
APPENDIX
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Dawson v. Kendrick
...v. Wittenberg, 330 F.Supp. 707, 715 (N.D.Ohio 1971), aff'd sub nom., Jones v. Metzger, 456 F.2d 854 (6th Cir. 1972), enforced, 440 F.Supp. 60 (N.D. Ohio 1977). 33 See, e.g., cases cited supra, note 34 See, e.g., Dimarzo v. Cahill, 575 F.2d 15, 19 (1st Cir. 1978), cert. denied, 439 U.S. 927,......
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