TN man indicted and arrested in Jackson County homicide case An autopsy indicated that Frison died by trauma due to being run over by a vehicle. Published October 2, at PM. Drought causing fire dangers in Marshall County The current drought in the Tennessee Valley is causing problems for firefighters and farmers, and any relief is still days away.
Published October 1, at PM. Boaz to celebrate 55th annual harvest festival this weekend City of Boaz welcomes public to harvest festival. Published September 29, at PM. Friends and family remember woman shot and killed in domestic situation Friends and family remember woman killed in domestic situation.
Guntersville man being held in early morning shooting death One person dead in early morning shooting in Guntersville. Published September 28, at PM. Man accused of injuring elderly woman in DeKalb County home invasion Investigators say a man was arrested after entering the home of an elderly woman and severely injuring her in the Mount Vernon community. Published September 27, at PM.
DeKalb County man sentenced in home invasion and sexual assault Shane Henagar was charged in a home invasion in , where police say a woman was sexually assaulted on Forest Avenue in Fort Payne. Published September 27, at AM. Guntersville seeing some of the driest conditions in Alabama The potential for brush fires is putting extra strain on Marshall County volunteer fire departments.
Published September 25, at PM.
Search Online Death-Records On Anyone In The County of Jackson Alabama
Boaz police give elderly man with dementia a bed for the night After contacting the family and the reporting law enforcement agency both officers brought the elderly man and his vehicle to the police department. Published September 25, at AM. Published September 23, at AM. Published September 20, at PM. Jail releases mugshots of 9 men arrested in series of statutory rapes in Jacksonville Commander Allen George with the Seventh Judicial Circuit Major Crimes Task Force says nine men have been charged with second-degree rape. Published September 20, at AM. Authorities identify armed man shot by deputy at Jackson County Courthouse Investigators say Fred Swearengin entered the courthouse armed with a handgun and was refused entry to the courthouse.
Published September 19, at PM.
Multiple reports of rodents from the Marshall County Kitchen Cops The Marshall and Jackson County Health Departments submitted their reports from August and the first half of September this week, and one word kept jumping out at us: Rats. Published September 19, at AM. Pedestrian killed by vehicle in DeKalb County Investigators are working to identify a woman who died after being hit by a car in DeKalb County. Published September 18, at PM. Jackson County man charged with murdering his father Byron Keith Shirey was arrested for the alleged murder of his father.
Published September 17, at PM. Family remembers mother fatally shot following domestic altercation in Jackson County A man is behind bars in Jackson County following a domestic altercation that left his wife dead, according to sheriff's deputies. Published September 16, at PM. Guntersville Lake HydroFest returning in HydroFest announced on social media that it will return June , Marshall County student charged in school threat Marshall County deputies have arrested a student at a local high school. Published September 14, at PM. Marshall County Sheriff looking for help in year-old cold case The Marshall County Sheriff is looking for help with a gruesome cold case from Published September 13, at PM.
Published September 9, at PM.
Published September 7, at PM. Scottsboro police looking to identify suspect in fishing equipment theft Police say the equipment was stolen from a boat in a hotel parking lot on Wednesday. Once a party establishes all prerequisites to intervention, the trial court has no discretion to deny the intervention. See Purcell , 85 F. Additionally, Alabama's interest are not adequately represented by either the appellants or the county defendants.
While both the State and the county were defendants in the initial action, they are, in reality, adverse parties because the county wants to relieve overcrowding of its jails by ensuring that state inmates are transferred to state jails. The appellants argue that because the Attorney General did not specifically invoke Federal Rule of Civil Procedure 24 in his motion to terminate, the attempt to intervene must fail.
The Attorney General stated in its motion to terminate that it was intervening under 18 U. Here, the Attorney General did not file a motion to intervene, but rather filed only a motion to terminate the consent decree. Without expressly considering the intervention issue under Rule 24, the district court did, however, rule on the Attorney General's motion to terminate. In Farina v. Mission Investment Trust , F. Since the district court granted the motion to remove, the circuit court concluded that the court necessarily had accepted the intervenor as a party in the suit.
Accordingly, we find that it was within the discretion of the district court here to rule upon the motion to terminate as if the State also had filed a formal motion to intervene. Furthermore, we have also held that we will "disregard nonprejudicial technical defects" in complying with Rule 24 c. See Piambino v. Bailey , F. Therefore, we affirm the district court's granting to the Attorney General intervenor status by accepting, and ruling upon, its motion to terminate the consent decree.
A party wishing to intervene must file a motion stating the grounds for intervention, even when intervention is permitted by statute. In Bonner v.
City of Prichard , F. When considering intervention of right, prejudice to existing parties — other than that caused by would-be intervenor's failure to act promptly — is not a factor to be considered. See Stallworth v. Monsanto Co. In affirming the district court's acceptance of the Attorney General's intervention we do not dismiss lightly the appellants' concerns here. Our holding is based on the compelling nature of the State's interest in the litigation, in that the consent decree directly affected the State of Alabama by ordering the removal of state inmates from county prisons within a certain period of time.
We note with concern, however, the case of Clark v. Patterson , Civil Action No. The State of Alabama may not intervene in a misguided effort to represent an adverse party. See Kozak v.
Wells , F. The procedural rules herein expressed are not to be taken advantage of where. We depart company with the dissent on the issue of the scope of the interest of the State of Alabama. Chiles requires "a justiciable case and controversy between the parties already in the lawsuit," F. The county defendants supported Alabama's motion to terminate the consent decree and have participated as a party supporting that positing on appeal. This is in marked contrast to Diamond , as cited by the dissent, where the State of Illinois filed only a "letter of interest" expressing support for the intervenor's position.
The county defendants have done a great deal more here. They are appellees and have chosen to pursue the matter as an active party in the litigation, filing briefs on appeal. Moreover, Diamond considers the ability of a party to initiate an appeal and specifically did not consider the requirements for intervention at the district court level. See U. Initiation of an appeal is not at issue here. Furthermore, the interests of Alabama were affected by the November consent decree because the success of the decree hinged on reducing the number of inmates in the county facility.
To reduce the number of inmates, the consent decree ordered Alabama to remove state inmates in a timely manner. Other portions of the consent decree directed the county defendants to improve the services available to the prison inmates. The facilities, services, and conditions for the old and new county jails mandated by the consent decree could only be achieved and maintained with a smaller prison population, making Alabama a key party to the success of the November consent decree.
The Supreme Court has noted that when some parties to a litigation resolve their claims through a consent decree, this does not eliminate the interests of "nonconsenting intervenors" whose "claims remain and may be litigated by the intervenor. It would be difficult, if not impossible, to keep in effect, as the dissent suggests, the provisions of the decree relating to services while not enforcing those provisions instructing Alabama to reduce the prison population.
The decree is not made up of two separate pieces, each of which can survive on its own. In this situation, the decree must be read in its entirety. Newman v. Graddick , F. Newman requires that the intervenor show the decree has "adversely affect[ed] his interest. The Attorney General has satisfied that demonstration here. Finally, as we have noted, "[a]ny doubt concerning the propriety of allowing intervention should be resolved in favor of the proposed intervenors because it allows the court to resolve all related disputes in a single action.
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Loan Ins. Falls Chase Special Taxing Dist. The appellants argue that it was an abuse of discretion for the district court to refuse to conduct an evidentiary hearing concerning the current conditions at the prison and the scope of the prospective relief that the Attorney General wished to terminate. We agree.
The PLRA grants the district court broad authority to terminate prospective relief upon a motion by any party or intervenor. See 18 U. There is, however, an important limitation on this authority. Section b 3 provides that.
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