Case: J.A. v. Barbour

3:07-cv-00394 | U.S. District Court for the Southern District of Mississippi

Filed Date: July 11, 2007

Closed Date: 2010

Clearinghouse coding complete

Case Summary

On July 11, 2007, a group of teenage girls in the Columbia Training School, a state-run reform school in Mississippi, filed a class-action lawsuit under 42 U.S.C. Section 1983 against the State of Mississippi in the U.S. District Court for the Southern District of Mississippi. Mississippi Protection and Advocacy Inc., a congressionally authorized nonprofit organization that enforces the civil rights of people with disabilities, is also a plaintiff in the suit. The plaintiffs are represented b…

On July 11, 2007, a group of teenage girls in the Columbia Training School, a state-run reform school in Mississippi, filed a class-action lawsuit under 42 U.S.C. Section 1983 against the State of Mississippi in the U.S. District Court for the Southern District of Mississippi. Mississippi Protection and Advocacy Inc., a congressionally authorized nonprofit organization that enforces the civil rights of people with disabilities, is also a plaintiff in the suit. The plaintiffs are represented by the Bazelon Center, the Mississippi Youth Justice Project (MYJP), which is a project of the Southern Poverty Law Center, and Robert B. McDuff, a civil rights attorney in Jackson, Mississippi.

The plaintiff girls range in age from 13 to 17. All suffer from mental illnesses and all were committed to Columbia for non-violent offenses. Most are victims of past physical or sexual abuse, and they allege that the defendants have violated their constitutional rights by subjecting them to "horrendous" physical and sexual abuse. The complaint asks the court to require the state to provide federally required mental health and rehabilitative treatment to girls confined in the Columbia Training School. Specifically, they allege the following: 1) In an apparent response to unsubstantiated allegations that they planned to escape, five of the plaintiffs were shackled around their ankles for 12 hours a day for periods ranging from eight days to a month. They had to eat, attend school, use the bathroom, participate in recreational activities and visit with their families while wearing the painful shackles. 2) One girl was sexually assaulted by a male employee of the facility while she was confined in a segregated area. She reported the assault but was never informed of the results of an investigation and never received counseling to help her deal with the trauma. 3) Three of the girls cut themselves while on suicide watch. None of them received any psychological help during their isolation. No attempt was made to stabilize their moods, and staff members failed to perform periodic checks to ensure their safety. One girl was placed in a cell alone for 14 hours, during which time she carved the words "HATE ME" into her forearm. One sliced her wrists with glass, and another sliced her wrists on the edge of her concrete bunk.

According to a press release discussing the complaint, most of the girls at Columbia were sent there for nonviolent offenses such as shoplifting, running away, disorderly conduct and other minor offenses, and most could be treated far more effectively - at half the cost - in community-based programs that focus on rehabilitation and mental health treatment. The State of Mississippi spends $5 million a year to house an average of 60 girls at Columbia.

After the case was filed, the state decided to close the Columbia facility, rendering the claim for injunctive relief moot. In September 2008, the plaintiffs amended their complaint: they dropped the claims for injunctive relief so that only three claims for damages remained. The following summer, two of the defendants moved to dismiss the claims. According to the plaintiffs' Motion for Relief filed August 18, 2009, the plaintiffs inadvertently failed to respond to this motion, and the court entered an order granting the request to dismiss and ordering the plaintiffs to show cause why the entire action should not be dismissed. The court allowed the case to proceed for several more months, but after the case failed to settle, the court dismissed the case with prejudice on June 17, 2010. We have no further information about a possible settlement for damages on the remaining claims.

Summary Authors

Elizabeth Daligga (7/27/2012)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4947452/parties/ja-v-barbour/


Judge(s)

Ball, F. Keith (Mississippi)

Jordan, Daniel Porter III (Mississippi)

Sumner, James C. Jr. (Mississippi)

Attorneys(s) for Plaintiff

Bedi, Sheila A. (Mississippi)

Brownstein, Rhonda C. (Alabama)

Burnim, Ira Abraham (District of Columbia)

Carroll, Vanessa (Mississippi)

Johnson, J. Clifton II (Mississippi)

Levins, Kristen M. (Mississippi)

McDuff, Robert B. (Mississippi)

Judge(s)

Ball, F. Keith (Mississippi)

Jordan, Daniel Porter III (Mississippi)

Sumner, James C. Jr. (Mississippi)

Attorneys(s) for Plaintiff

Bedi, Sheila A. (Mississippi)

Brownstein, Rhonda C. (Alabama)

Burnim, Ira Abraham (District of Columbia)

Carroll, Vanessa (Mississippi)

Johnson, J. Clifton II (Mississippi)

Levins, Kristen M. (Mississippi)

McDuff, Robert B. (Mississippi)

Reeves, Carlton Wayne (Mississippi)

Attorneys(s) for Defendant

Gibbs, Robert L. (Mississippi)

Hood, Jim (Mississippi)

Moncure, Sharon (Mississippi)

Patterson, William A. (Mississippi)

Pizzetta, Harold Edward III (Mississippi)

Sanders, Anne C. (Mississippi)

Shurden, Shawn Stephen (Mississippi)

Documents in the Clearinghouse

Document

3:07-cv-00394

Docket (PACER)

June 17, 2010

June 17, 2010

Docket
1

3:07-cv-00394

Complaint

July 11, 2007

July 11, 2007

Complaint

3:07-cv-00394

Lawsuit Seeks to End Abuse of Girls in Mississippi Reform School

No Court

July 11, 2007

July 11, 2007

Press Release
6

3:07-cv-00394

Plaintiff's Memorandum of Law in Support of Motion for Class Certification

July 16, 2007

July 16, 2007

Pleading / Motion / Brief
12

3:07-cv-00394

Defendant Larry Alexander's Answer to Amended Complaint

Aug. 20, 2007

Aug. 20, 2007

Pleading / Motion / Brief
13

3:07-cv-00394

Defendants' Motion to Dismiss

Aug. 20, 2007

Aug. 20, 2007

Pleading / Motion / Brief
58

3:07-cv-00394

Plaintiffs' Motion for Relief from Order of Dismissal, Response to Defendants' Motion to Dismiss for Failure to Prosecute, and Response to the Court's Order to Show Cause Why the Case Should Not Be Dismissed in its Entirety

Aug. 18, 2009

Aug. 18, 2009

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4947452/ja-v-barbour/

Last updated Aug. 25, 2022, 3:01 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Mississippi Protection and Advocacy System, Inc., Haley Barbour, Donald Taylor, L. Donald Armagost, Richard James, Kathy Pittman, Unknown Alexander ( Filing fee $ 350 receipt number 20178), filed by S.G., M.S., E.S., S.W., J.A., H.D. (Attachments: # 1 Civil Cover Sheet)(THR) (Entered: 07/13/2007)

July 11, 2007

July 11, 2007

2

NOTICE of Appearance by J. Clifton Johnson, II on behalf of all plaintiffs (Johnson, J.) (Entered: 07/13/2007)

July 13, 2007

July 13, 2007

3

NOTICE of Appearance by Carlton W. Reeves on behalf of all plaintiffs (Reeves, Carlton) (Entered: 07/13/2007)

July 13, 2007

July 13, 2007

5

AMENDED COMPLAINT against all defendants, filed by J.A..(Bedi, Sheila) (Entered: 07/16/2007)

July 16, 2007

July 16, 2007

6

First MOTION to Certify Class by J.A. (Attachments: # 1 Exhibit One)(Bedi, Sheila) (Entered: 07/16/2007)

July 16, 2007

July 16, 2007

8

MOTION for Extension of Time to File Answer re 5 Amended Complaint (with electronic signature) by Haley Barbour, Donald Taylor, L. Donald Armagost, Richard James, Kathy Pittman, Unknown Alexander (Shurden, Shawn) (Entered: 07/25/2007)

July 25, 2007

July 25, 2007

Text−only ORDER terminating 7 Motion for Extension of Time to Answer; granting 8 Motion for Extension of Time to Answer. Haley Barbour answer due 8/20/2007; Donald Taylor answer due 8/20/2007; L. Donald Armagost answer due 8/20/2007; Richard James answer due 8/20/2007; Kathy Pittman answer due 8/20/2007; Unknown Alexander answer due 8/20/2007. Signed by Judge James C. Sumner on 7/26/07. (No further written order will be issued.) (dfk, ) (Entered: 07/26/2007)

July 26, 2007

July 26, 2007

9

MOTION for Extension of Time to File Response/Reply as to 6 First MOTION to Certify Class by Haley Barbour, Donald Taylor, L. Donald Armagost, Richard James, Kathy Pittman, Unknown Alexander (Shurden, Shawn) (Entered: 07/30/2007)

July 30, 2007

July 30, 2007

TEXT ONLY ORDER granting 9 Motion for Extension of Time to File Response to 6 First MOTION to Certify Class. Response due by 8/20/2007. Signed by Judge Daniel P. Jordan III on August 1, 2007. NO FURTHER WRITTEN ORDER SHALL ISSUE FROM THE COURT.(VCH) (Entered: 08/01/2007)

Aug. 1, 2007

Aug. 1, 2007

10

First MOTION for Ira Burnim to Appear Pro Hac Vice by Mississippi Protection and Advocacy System, Inc. (Attachments: # 1 Exhibit Burnim certificate of bar admission)(Levins, Kristen) (Entered: 08/06/2007)

Aug. 6, 2007

Aug. 6, 2007

Pro Hac Vice fee paid for Ira Burnim receipt number 765290 $ 100 (Levins, Kristen) (Entered: 08/07/2007)

Aug. 7, 2007

Aug. 7, 2007

11

ORDER granting 10 Motion to Appear Pro Hac Vice, that Ira a. Burnim be admitted pro hac vice in this case on behalf of the plaintiffs in association with local counsel, upon payment of the required fee, and upon registration for electronic filing as required by the Court. Signed by Judge James C. Sumner on August 7, 2007 (CSF) Additional attachment(s) added on 8/7/2007 (CSF). (Entered: 08/07/2007)

Aug. 7, 2007

Aug. 7, 2007

DOCKET ANNOTATION as to #11, deleted unsigned order, added signed order. (CSF) (Entered: 08/07/2007)

Aug. 7, 2007

Aug. 7, 2007

12

ANSWER to Amended Complaint by Unknown Alexander.(Patterson, William) (Entered: 08/20/2007)

Aug. 20, 2007

Aug. 20, 2007

13

MOTION to Dismiss by Haley Barbour, Donald Taylor, L. Donald Armagost, Richard James, Kathy Pittman, Unknown Alexander (Shurden, Shawn) (Entered: 08/20/2007)

Aug. 20, 2007

Aug. 20, 2007

14

MEMORANDUM in Support re 13 MOTION to Dismiss filed by Haley Barbour, Donald Taylor, L. Donald Armagost, Richard James, Kathy Pittman, Unknown Alexander (Attachments: # 1 Exhibit Exhibits 1 − 3)(Shurden, Shawn) (Entered: 08/20/2007)

Aug. 20, 2007

Aug. 20, 2007

15

MOTION to Strike 6 First MOTION to Certify Class by Haley Barbour, Donald Taylor, L. Donald Armagost, Richard James, Kathy Pittman, Unknown Alexander

Aug. 20, 2007

Aug. 20, 2007

17

Consent MOTION for Extension of Time to File Response/Reply To Defendants Motion to Dismiss and Motion to Strike Class Certification Motion by L.R., S.G., R.B., M.S., E.S., S.W., Mississippi Protection and Advocacy System, Inc., J.A., H.D. (Bedi, Sheila) (Entered: 08/27/2007)

Aug. 27, 2007

Aug. 27, 2007

TEXT ONLY ORDER granting 17 Plaintiffs' Unopposed Motion for Additional Time. Plaintiffs are granted an additional seven days to respond to the Defendants' Motions to Dismiss and to Strike Motion for Class Certification. Plaintiffs' response is due on or before September 12, 2007. NO FURTHER WRITTEN ORDER SHALL FOLLOW. Signed by Judge Daniel P. Jordan III on August 28, 2007. (VCH) (Entered: 08/28/2007)

Aug. 28, 2007

Aug. 28, 2007

18

Second MOTION for Extension of Time to File Response/Reply Defendants' Motions to Dismiss and to Strike Motion for Class Certification by L.R., S.G., R.B., M.S., E.S., S.W., Mississippi Protection and Advocacy System, Inc., J.A., H.D. (Bedi, Sheila) (Entered: 09/06/2007)

Sept. 6, 2007

Sept. 6, 2007

TEXT ONLY ORDER granting 18 unopposed Motion for Extension of Time to File Response/Reply. Response is due October 15, 2007. Signed by Judge Daniel P. Jordan III on September 11, 2007. No written order will issue. (Howell, Elizabeth) (Entered: 09/11/2007)

Sept. 11, 2007

Sept. 11, 2007

19

ANSWER to Amended Complaint by L. Donald Armagost.(Gibbs, Robert) (Entered: 10/09/2007)

Oct. 9, 2007

Oct. 9, 2007

20

ANSWER to Amended Complaint by Richard James.(Gibbs, Robert) (Entered: 10/09/2007)

Oct. 9, 2007

Oct. 9, 2007

21

MEMORANDUM IN OPPOSITION re 15 MOTION to Strike 6 First MOTION to Certify Class filed by L.R., S.G., R.B., M.S., E.S., S.W., Mississippi Protection and Advocacy System, Inc., J.A., H.D. (Bedi, Sheila) (Entered: 10/15/2007)

Oct. 15, 2007

Oct. 15, 2007

22

MEMORANDUM IN OPPOSITION re 13 MOTION to Dismiss filed by L.R., S.G., R.B., M.S., E.S., S.W., Mississippi Protection and Advocacy System, Inc., J.A., H.D. (Bedi, Sheila) (Entered: 10/15/2007)

Oct. 15, 2007

Oct. 15, 2007

23

MOTION for Extension of Time to File Response/Reply to Plaintiffs' Opposition to Defendants' Motions to Dismiss and Strike Class Certification by Haley Barbour, Donald Taylor, L. Donald Armagost, Richard James, Kathy Pittman, Unknown Alexander (Shurden, Shawn) (Entered: 10/19/2007)

Oct. 19, 2007

Oct. 19, 2007

DOCKET ANNOTATION as to #23 inadvertently entered the wrong PDF. Attorney to refile with correct PDF attached. (THR) (Entered: 10/24/2007)

Oct. 24, 2007

Oct. 24, 2007

24

MOTION for Extension of Time to File Response/Reply as to 21 Memorandum in Opposition, 22 Memorandum in Opposition by Haley Barbour, Donald Taylor, L. Donald Armagost, Richard James, Kathy Pittman, Unknown Alexander (Shurden, Shawn) (Entered: 10/24/2007)

Oct. 24, 2007

Oct. 24, 2007

TEXT ONLY ORDER granting 24 Motion for Extension of Time to File Response/Reply. Defendants shall respond to Plaintiffs' Opposition to Defendants' Motions to Dismiss and to Strike Class Certification by October 29, 2007. NO FURTHER WRITTEN ORDER SHALL ISSUE FROM THE COURT. Signed by Judge Daniel P. Jordan III on October 24, 2007. (EMS) (Entered: 10/24/2007)

Oct. 24, 2007

Oct. 24, 2007

ORAL MOTION for Leave to File Excess Pages by Defendants Haley Barbour, Donald Taylor, L. Donald Armagost, Richard James, Kathy Pittman, Unknown Alexander. (SP) (Entered: 10/29/2007)

Oct. 29, 2007

Oct. 29, 2007

25

ORDER granting Oral Motion for Leave to File Excess Pages. Signed by Judge Daniel P. Jordan III on October 29, 2007. (SP) (Entered: 10/29/2007)

Oct. 29, 2007

Oct. 29, 2007

27

Rebuttal re 21 Memorandum in Opposition filed by Haley Barbour, Donald Taylor, L. Donald Armagost, Richard James, Kathy Pittman, Unknown Alexander (Shurden, Shawn) (Entered: 10/29/2007)

Oct. 29, 2007

Oct. 29, 2007

28

MOTION Judicial Notice by L.R., S.G., R.B., M.S., E.S., S.W., Mississippi Protection and Advocacy System, Inc., J.A., H.D. (Attachments: # 1 Exhibit One)(Bedi, Sheila) (Entered: 11/02/2007)

Nov. 2, 2007

Nov. 2, 2007

29

RESPONSE in Opposition re 28 MOTION Judicial Notice filed by Haley Barbour, Donald Taylor, L. Donald Armagost, Richard James, Kathy Pittman, Unknown Alexander (Shurden, Shawn) (Entered: 11/09/2007)

Nov. 9, 2007

Nov. 9, 2007

30

First MOTION for Extension of Time to File Response/Reply to Defendants' Opposition to Plaintiffs' Motion for Judicial Notice by L.R., S.G., R.B., M.S., E.S., S.W., Mississippi Protection and Advocacy System, Inc., J.A., H.D. (Bedi, Sheila) (Entered: 11/15/2007)

Nov. 15, 2007

Nov. 15, 2007

TEXT ONLY ORDER granting 30 Plaintiffs' unopposed Motion for Extension of Time to File Response/Reply to Defendants' Opposition to Plaintiffs' Motion for Judicial Notice. Plaintiffs shall file their reply no later than November 21, 2007. NO FURTHER WRITTEN ORDER SHALL ISSUE FROM THE COURT. Signed by Judge Daniel P. Jordan III on November 16, 2007.(EMS) (Entered: 11/16/2007)

Nov. 16, 2007

Nov. 16, 2007

31

REPLY to Response to Motion re 29 Response in Opposition to Motion for Judicial Notice filed by L.R., S.G., R.B., M.S., E.S., S.W., Mississippi Protection and Advocacy System, Inc., J.A., H.D. (Bedi, Sheila) (Entered: 11/21/2007)

Nov. 21, 2007

Nov. 21, 2007

32

MOTION to Amend/Correct Complaint by L.R., S.G., R.B., M.S., E.S., S.W., Mississippi Protection and Advocacy System, Inc., J.A., H.D. (Levins, Kristen) (Entered: 11/28/2007)

Nov. 28, 2007

Nov. 28, 2007

33

ATTACHMENT OF AMENDED COMPLAINT to motion #32 against all defendants, filed by J.A..(Levins, Kristen) Modified on 11/28/2007 (THR). (Entered: 11/28/2007)

Nov. 28, 2007

Nov. 28, 2007

DOCKET ANNOTATION as to #33 modified to read attachment to document #32. (THR) (Entered: 11/28/2007)

Nov. 28, 2007

Nov. 28, 2007

34

MOTION for Extension of Time to File Response/Reply as to 32 MOTION to Amend/Correct Complaint by Haley Barbour, Donald Taylor, L. Donald Armagost, Richard James, Kathy Pittman, Unknown Alexander (Shurden, Shawn) (Entered: 12/11/2007)

Dec. 11, 2007

Dec. 11, 2007

Text−only ORDER granting 34 Motion for Extension of Time to File Response/Reply re 32 MOTION to Amend/Correct Complaint Responses due by 12/19/2007 Signed by Judge James C. Sumner on 12/14/07. (No further written order will be issued.) (dfk) (Entered: 12/14/2007)

Dec. 14, 2007

Dec. 14, 2007

35

RESPONSE in Opposition re 32 MOTION to Amend/Correct Complaint filed by Haley Barbour, Donald Taylor, L. Donald Armagost, Richard James, Kathy Pittman, Unknown Alexander (Shurden, Shawn) (Entered: 12/19/2007)

Dec. 19, 2007

Dec. 19, 2007

36

First MOTION for Extension of Time to File Response/Reply to Defendants' Opposition to motion for leave to amend the complaint by L.R., S.G., R.B., M.S., E.S., S.W., Mississippi Protection and Advocacy System, Inc., J.A., H.D. (Bedi, Sheila) (Entered: 12/24/2007)

Dec. 24, 2007

Dec. 24, 2007

37

Amended MOTION for Extension of Time to File Response/Reply to Defendant's opposition to motion for leave to amend by L.R., S.G., R.B., M.S., E.S., S.W., Mississippi Protection and Advocacy System, Inc., J.A., H.D. (Bedi, Sheila) (Entered: 12/26/2007)

Dec. 26, 2007

Dec. 26, 2007

38

Rebuttal re 35 Response in Opposition to Motion to Amend filed by L.R., S.G., R.B., M.S., E.S., S.W., Mississippi Protection and Advocacy System, Inc., J.A.,

Jan. 2, 2008

Jan. 2, 2008

39

MOTION for Rhonda Brownstein to Appear Pro Hac Vice by L.R., S.G., R.B., M.S., E.S., S.W., Mississippi Protection and Advocacy System, Inc., J.A., H.D. (Levins, Kristen) (Entered: 01/14/2008)

Jan. 14, 2008

Jan. 14, 2008

40

ORDER granting 39 Motion to Appear Pro Hac Vice, that Rhonda Brownstein be admitted pro hac vice on behalf of the plaintiffs in this case in association with local counsel, upon payment of the required fee and upon registration for electronic filing as required by the Court. Signed by Magistrate Judge James C. Sumner on January 15, 2008 (CSF) (Entered: 01/15/2008)

Jan. 15, 2008

Jan. 15, 2008

41

ORDER granting 32 Motion to Amend Complaint. Signed by Magistrate Judge James C. Sumner on 1/16/08 (dfk) (Entered: 01/16/2008)

Jan. 16, 2008

Jan. 16, 2008

Pro Hac Vice fee paid for Rhonda Brownstein receipt number 05380000000000896064 $ 100 (Levins, Kristen) (Entered: 01/17/2008)

Jan. 17, 2008

Jan. 17, 2008

42

AMENDED COMPLAINT against all defendants, filed by L.R., S.G., R.B., M.S., E.S., S.W., Mississippi Protection and Advocacy System, Inc., J.A., H.D..(Levins, Kristen) (Entered: 01/17/2008)

Jan. 17, 2008

Jan. 17, 2008

43

ANSWER to 42 Amended Complaint by Unknown Alexander.(Patterson, William) (Entered: 01/31/2008)

Jan. 31, 2008

Jan. 31, 2008

44

MOTION to Dismiss Second Amended Complaint by Haley Barbour, Donald Taylor, L. Donald Armagost, Richard James, Kathy Pittman, Unknown Alexander (Shurden, Shawn) (Entered: 02/01/2008)

Feb. 1, 2008

Feb. 1, 2008

45

MEMORANDUM in Support re 44 MOTION to Dismiss Second Amended Complaint filed by Haley Barbour, Donald Taylor, L. Donald Armagost, Richard James, Kathy Pittman, Unknown Alexander (Shurden, Shawn) (Entered: 02/01/2008)

Feb. 1, 2008

Feb. 1, 2008

Telephonic Status Conference set for 2/11/2008 at 1:00 PM before District Judge Daniel P. Jordan III (AN) (Entered: 02/06/2008)

Feb. 6, 2008

Feb. 6, 2008

46

RESPONSE in Opposition re 44 MOTION to Dismiss Second Amended Complaint filed by L.R., S.G., R.B., M.S., E.S., S.W., Mississippi Protection and Advocacy System, Inc., J.A., H.D. (Brownstein − PHV, Rhonda) (Entered: 02/09/2008)

Feb. 9, 2008

Feb. 9, 2008

Minute Entry for proceedings held before District Judge Daniel P. Jordan III: Telephone Conference held on 2/11/2008. The parties are to confer regarding the claimed injunctive relief and report back to the court. Follow−up Status Conference set for 2/27/2008 at 10:30 AM before District Judge Daniel P. Jordan III (AN) (Entered: 02/12/2008)

Feb. 11, 2008

Feb. 11, 2008

47

NOTICE of Appearance by Anne C. Sanders on behalf of L. Donald Armagost, Richard James (Sanders, Anne) (Entered: 02/12/2008)

Feb. 12, 2008

Feb. 12, 2008

48

MOTION for Extension of Time to File Response/Reply as to 46 Response in Opposition to Motion by Haley Barbour, Donald Taylor, L. Donald Armagost, Richard James, Kathy Pittman, Unknown Alexander (Shurden, Shawn) (Entered: 02/14/2008)

Feb. 14, 2008

Feb. 14, 2008

TEXT ONLY ORDER granting 48 Defendants' unopposed Motion for an Extension of Time to File a Reply to 44 Defendants' MOTION to Dismiss Plaintiff's Second Amended Complaint. Defendants' reply shall be due no later than February 25, 2008. NO FURTHER WRITTEN ORDER SHALL ISSUE FROM THE COURT. Signed by District Judge Daniel P. Jordan III on February 15, 2008. (EMS) (Entered: 02/15/2008)

Feb. 15, 2008

Feb. 15, 2008

50

ANSWER to 42 Amended Complaint by L. Donald Armagost.(Gibbs, Robert) (Entered: 02/21/2008)

Feb. 21, 2008

Feb. 21, 2008

51

ANSWER to 42 Amended Complaint by Richard James.(Gibbs, Robert) (Entered: 02/21/2008)

Feb. 21, 2008

Feb. 21, 2008

52

ORDER granting 49 Motion to Stay Consideration of Certain Matters. Consideration of Plaintiffs' official capacity claims against Defendants is stayed pending further order of the Court. Signed by District Judge Daniel P. Jordan III on February 21, 2008. (SP) (Entered: 02/21/2008)

Feb. 21, 2008

Feb. 21, 2008

Minute Entry for proceedings held before District Judge Daniel P. Jordan, III: Telephone Conference held on 2/27/2008 (AN) (Entered: 02/27/2008)

Feb. 27, 2008

Feb. 27, 2008

53

Joint MOTION to Withdraw all Pending Motions by Haley Barbour, Donald Taylor, L. Donald Armagost, Richard James, Kathy Pittman, Unknown Alexander (Shurden, Shawn) (Entered: 02/29/2008)

Feb. 29, 2008

Feb. 29, 2008

TEXT ONLY ORDER granting 53 Motion to Withdraw all Pending Motions. NO FURTHER WRITTEN ORDER SHALL ISSUE. Signed by District Judge Daniel P. Jordan III on March 3, 2008. (SP) (Entered: 03/03/2008)

March 3, 2008

March 3, 2008

54

MOTION to Amend/Correct Complaint by L.R., S.G., R.B., M.S., E.S., S.W., Mississippi Protection and Advocacy System, Inc., J.A., H.D. (Brownstein − PHV, Rhonda) (Entered: 08/06/2008)

Aug. 6, 2008

Aug. 6, 2008

55

ORDER granting 54 Motion to Amend/Correct and dismissing claims in Counts 1 and 2 of the Complaint. Signed by Magistrate Judge James C. Sumner on 9/2/08 (dfk) (Entered: 09/02/2008)

Sept. 2, 2008

Sept. 2, 2008

56

MOTION to Dismiss for Lack of Prosecution by L. Donald Armagost, Richard James (Gibbs, Robert) (Entered: 07/24/2009)

July 24, 2009

July 24, 2009

57

ORDER granting 56 Motion to Dismiss for Lack of Prosecution as to Defendants Donald Armagost and Richard James. Plaintiffs' claims against Defendants Armagost and James are dismissed with prejudice. Plaintiffs are directed to show cause by August 24, 2009 why this case should not be dismissed in its entirety. Signed by District Judge Daniel P. Jordan III on August 17, 2009. (SP) (Entered: 08/17/2009)

Aug. 17, 2009

Aug. 17, 2009

58

MOTION For Relief from Order of Dismissal, Response to Motion to Dismiss for Failture to Prosecute and Response to the Court's Order to Show Cause Why the Case Should Not be Dismissed in its Entirety by L.R., S.G., R.B., M.S., E.S., S.W., J.A., H.D. (Bedi, Sheila) (Entered: 08/18/2009)

Aug. 18, 2009

Aug. 18, 2009

59

MOTION to Dismiss for Lack of Prosecution by Unknown Alexander (Attachments: # 1 Affidavit Exhibit 1)(Patterson, William) (Entered: 08/20/2009)

Aug. 20, 2009

Aug. 20, 2009

60

RESPONSE in Opposition re 59 MOTION to Dismiss for Lack of Prosecution filed by L.R., S.G., R.B., M.S., E.S., S.W., J.A., H.D. (Attachments: # 1 Exhibit one)(Bedi, Sheila) (Entered: 08/21/2009)

Aug. 21, 2009

Aug. 21, 2009

61

RESPONSE to Motion re 58 MOTION For Relief from Order of Dismissal, Response to Motion to Dismiss for Failture to Prosecute and Response to the Court's Order to Show Cause Why the Case Should Not be Dismissed in its Entirety filed by L. Donald Armagost, Richard James (Gibbs, Robert) (Entered: 08/24/2009)

Aug. 24, 2009

Aug. 24, 2009

62

Rebuttal re 60 Response in Opposition to Motion to Dismiss for Failure to Prosecute filed by Unknown Alexander (Patterson, William) (Entered: 08/28/2009)

Aug. 28, 2009

Aug. 28, 2009

63

Rebuttal re 61 Response to Motion, 62 Rebuttal TO DEFENDANTS ARMAGOST AND JAMES RESPONSE TO PLAINTIFFS MOTION FOR RELIEF FROM DISMISSAL filed by L.R., S.G., R.B., M.S., E.S., S.W., J.A., H.D. (Bedi, Sheila) (Entered: 09/03/2009)

Sept. 3, 2009

Sept. 3, 2009

64

Rebuttal re 62 Rebuttal PLAINTIFFS REBUTTAL TO DEFENDANTS ARMAGOST AND JAMES RESPONSE filed by L.R., S.G., R.B., M.S., E.S., S.W., J.A., H.D. (Bedi, Sheila) (Entered: 09/08/2009)

Sept. 8, 2009

Sept. 8, 2009

65

MOTION to Withdraw as Attorney by L.R., S.G., R.B., M.S., E.S., S.W., Mississippi Protection and Advocacy System, Inc., J.A., H.D. (Levins, Kristen) (Entered: 09/25/2009)

Sept. 25, 2009

Sept. 25, 2009

66

ORDER granting 65 Motion to Withdraw as Attorney. Attorney Kristen M. Levins terminated Signed by Magistrate Judge James C. Sumner on 9/28/09 (dfk) (Entered: 09/28/2009)

Sept. 28, 2009

Sept. 28, 2009

67

ADMINISTRATIVE ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge F. Keith Ball for all further proceedings. Magistrate Judge James C. Sumner no longer assigned to case. Signed by District Judge Henry T. Wingate on 1/29/10 (RRL) (Entered: 02/02/2010)

Jan. 29, 2010

Jan. 29, 2010

Set Hearing: Telephonic Conference set for 3/31/2010 at 10:00 AM before District Judge Daniel P. Jordan III (AN) (Entered: 03/30/2010)

March 30, 2010

March 30, 2010

TEXT ONLY ORDER: The parties are instructed to contact Magistrate Judge Keith Ball to set the matter for settlement conference. All counsel of record must attend. NO FURTHER WRITTEN ORDER WILL FOLLOW. Signed by District Judge Daniel P. Jordan III on 3/31/10 (AN) Modified on 3/31/2010 (AN). (Entered: 03/31/2010)

March 31, 2010

March 31, 2010

Minute Entry for proceedings held before District Judge Daniel P. Jordan III: Telephone Conference held on 3/31/2010 (AN) (Entered: 03/31/2010)

March 31, 2010

March 31, 2010

DOCKET ANNOTATION as to Text Order dated 3/31/10. Spelling corrected. (AN) (Entered: 03/31/2010)

March 31, 2010

March 31, 2010

NOTICE of Hearing: Per Judge Jordan's directive and by agreement of the parties, a Settlement Conference is set for 5/18/2010 01:30 PM before Magistrate Judge F. Keith Ball in Chambers in Jackson, MS. All parties and or/client representatives are required to attend this conference unless otherwise excused by the Court. Seven (7) days prior to the conference the parties shall submit to Judge Ball via e−mail a Confidential Memo. (CSF) (Entered: 04/07/2010)

April 7, 2010

April 7, 2010

68

MOTION to Withdraw as Attorney on behalf of Rhonda Brownstein by L.R., S.G., R.B., M.S., E.S., S.W., Mississippi Protection and Advocacy System, Inc., J.A., H.D. (Bedi, Sheila) (Entered: 05/14/2010)

May 14, 2010

May 14, 2010

69

NOTICE of Appearance by Sheila A. Bedi on behalf of all plaintiffs (Bedi, Sheila) (Entered: 05/14/2010)

May 14, 2010

May 14, 2010

DOCKET ANNOTATION as to # 69 . Incorrectly filed. Attorney advised to refile. (ND) (Entered: 05/14/2010)

May 14, 2010

May 14, 2010

70

NOTICE of Appearance by Vanessa Judith Carroll on behalf of all plaintiffs (Carroll, Vanessa) (Entered: 05/14/2010)

May 14, 2010

May 14, 2010

Text−only ORDER granting 68 Motion to Withdraw as Attorney. Attorney Rhonda Brownstein − PHV terminated. Signed by Magistrate Judge F. Keith Ball on 5/18/10. NO FURTHER WRITTEN ORDER WILL BE ISSUED. (dfk) (Entered: 05/18/2010)

May 18, 2010

May 18, 2010

Minute Entry for proceedings held before Magistrate Judge F. Keith Ball: Settlement Conference held on 5/18/2010. Case did not settle. The parties will report back to the Court their progress towards settlement. (CSF) (Entered: 05/27/2010)

May 18, 2010

May 18, 2010

71

ORDER DISMISSING CASE with prejudice as to all parties. Signed by District Judge Daniel P. Jordan, III on 6/17/10.(RRL)

June 17, 2010

June 17, 2010

RECAP

Case Details

State / Territory: Mississippi

Case Type(s):

Juvenile Institution

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: July 11, 2007

Closing Date: 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Girls living with mental illness who were committed to Columbia Training School for non-violent offenses alleging denial of rehabilitative and mental health treatment and failure to take appropriate measures to protect them from illegal abuses

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Southern Poverty Law Center

Bazelon Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

State of Mississippi (Jackson), State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Assault/abuse by staff

Bathing and hygiene

Classification / placement

Confinement/isolation

Disciplinary procedures

Education

Parents (visitation, involvement)

Personal injury

Restraints : physical

Sex w/ staff; sexual harassment by staff

Suicide prevention

Affected Gender:

Female

Medical/Mental Health:

Suicide prevention

Type of Facility:

Government-run