Case: D.W. v. Harrison County

1:09-cv-00267 | U.S. District Court for the Southern District of Mississippi

Filed Date: April 2, 2009

Closed Date: 2009

Clearinghouse coding complete

Case Summary

On April 2, 2009, an imprisoned juvenile and a non-profit institution representing disabled persons filed a lawsuit in the Southern District of Mississippi under 42 U.S.C. § 1983 against the Harrison County Juvenile Detention Center. The plaintiffs, represented by the Southern Poverty Law Center, asked the court for injunctive and declaratory relief, claiming dangerously unsafe and unsanitary conditions. Specifically, the juvenile prisoner claimed physical and psychological abuse from staff; mo…

On April 2, 2009, an imprisoned juvenile and a non-profit institution representing disabled persons filed a lawsuit in the Southern District of Mississippi under 42 U.S.C. § 1983 against the Harrison County Juvenile Detention Center. The plaintiffs, represented by the Southern Poverty Law Center, asked the court for injunctive and declaratory relief, claiming dangerously unsafe and unsanitary conditions.

Specifically, the juvenile prisoner claimed physical and psychological abuse from staff; mold, excrement and insect infestations; overcrowded facilities; excessive room confinement; as well as arbitrary and punitive discipline practices. The non-profit institution, Mississippi Protection & Advocacy System, Inc., claimed that they were denied all access to the juvenile prisoners who had a right to their services under the Protection and Advocacy for Individuals with Mental Illness Act of 1986.

On April 20, 2009, the plaintiff filed a motion to certify class. On August 18th, 2009, a joint motion for settlement was filed. On October 13, 2009, the court (Judge Louis Guirola, Jr.) granted the motion for approval of the settlement agreement, granted the certification of the class for settlement purposes, and dismissed the matter without prejudice.

Summary Authors

Kathryn DeLong (11/6/2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/12647877/parties/dw-v-harrison-county-mississippi/


Judge(s)

Guirola, Louis Jr. (Mississippi)

Walker, Robert H. (Mississippi)

Attorneys(s) for Plaintiff

Bedi, Sheila A. (Mississippi)

Carroll, Vanessa (Mississippi)

Hardage, Frances Kay (Mississippi)

McDuff, Robert B. (Mississippi)

Attorneys(s) for Defendant

Holleman, Tim C. (Mississippi)

Meadows, Joseph R. (Mississippi)

Young, Karen Jobe (Mississippi)

Judge(s)

Guirola, Louis Jr. (Mississippi)

Walker, Robert H. (Mississippi)

Attorneys(s) for Plaintiff

Bedi, Sheila A. (Mississippi)

Carroll, Vanessa (Mississippi)

Hardage, Frances Kay (Mississippi)

McDuff, Robert B. (Mississippi)

Attorneys(s) for Defendant

Holleman, Tim C. (Mississippi)

Meadows, Joseph R. (Mississippi)

Young, Karen Jobe (Mississippi)

Documents in the Clearinghouse

Document

Docket [PACER]

Oct. 13, 2009 Docket

Complaint for Declaratory and Injunctive Relief

April 20, 2009 Complaint
5

Amended Complaint for Injunctive and Declaratory Relief

D.W. v. Harrison County, Mississippi

April 27, 2009 Complaint
15

Agreed Order

D.W. v. Harrison County, Mississippi

June 11, 2009 Order/Opinion
17-1

Memorandum of Agreement [Settlement]

June 24, 2009 Settlement Agreement
20

Amended Joint Motion for Approval of Proposed Amended Settlement Agreement

D.W. v. Harrison County, Mississippi

Oct. 2, 2009 Pleading / Motion / Brief
21

Order Granting Approval of Amended Settlement Agreement, Certifying a Settlement Class and Order of Dismissal

D.W. v. Harrison County, Mississippi

Oct. 13, 2009 Order/Opinion
21

Order Granting Approval of Amended Settlement Agreement, Certifying a Settlement Class and Order of Dismissal

D.W. v. Harrison County Mississippi

Oct. 13, 2009 Order/Opinion

Resources

Title Description External URL

D.W., et al. v. Harrison County, Miss.

Southern Poverty Law Center

Children held at the Harrison County Juvenile Detention Center in Mississippi endured squalid conditions and horrific physical and emotional abuse that violated their civil rights. April 20, 2009 https://www.splcenter.org/seeking-justice/case-docket/dw-et-al-v-harrison-county-miss

Docket

See docket on RECAP: https://www.courtlistener.com/docket/12647877/dw-v-harrison-county-mississippi/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

REDACTED COMPLAINT against Harrison County, Mississippi (Filing fee $ 350; receipt number B029671), filed by D.W., Mississippi Protection and Advocacy System, Inc. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1-2)(JCH) (Entered: 04/20/2009)

April 20, 2009 PACER
2

MOTION to Certify Class by D.W., Mississippi Protection and Advocacy System, Inc. (JCH) (Entered: 04/20/2009)

April 20, 2009 PACER
3

MEMORANDUM in Support re 2 MOTION to Certify Class filed by D.W., Mississippi Protection and Advocacy System, Inc. (Attachments: # 1 Affidavit)(JCH) (Entered: 04/20/2009)

April 20, 2009 PACER
4

Summons Issued as to Harrison County, Mississippi (c/o Attorney Joe Meadows and c/o John McAdams, Chancery Clerk). (JCH) (Entered: 04/20/2009)

April 20, 2009 PACER
5

AMENDED COMPLAINT against Harrison County, Mississippi, filed by D.W.. (Attachments: # 1 Exhibit one, # 2 Exhibit two)(Bedi, Sheila) (Entered: 04/27/2009)

April 27, 2009 PACER
6

**NOTE: FILED INCORRECTLY. Amended MOTION to Certify Class, MOTION to Amend/Correct 2 MOTION to Certify Class, 3 Memorandum in Support of Motion by D.W. (Bedi, Sheila); Modified to add docket text on 4/28/2009 (JCH). (Entered: 04/27/2009)

April 27, 2009 PACER
7

**NOTE: FILED INCORRECTLY. AMENDED DOCUMENT by D.W.. Amendment to 6 Amended MOTION to Certify Class MOTION to Amend/Correct 2 MOTION to Certify Class, 3 Memorandum in Support of Motion Amended Declaration (Bedi, Sheila); Modified to add docket text on 4/28/2009 (JCH). (Entered: 04/27/2009)

April 27, 2009 PACER
8

**NOTE: FILED INCORRECTLY. AMENDED DOCUMENT by D.W.. Amendment to 7 Amended Document Exhibit One (Bedi, Sheila); Modified to add docket text on 4/28/2009 (JCH). (Entered: 04/27/2009)

April 27, 2009 PACER

DOCKET ANNOTATION as to # 6 - # 8. Attorney's office is advised that all of these documents were filed incorrectly. Document # 6 should be re-filed as a Motion to Certify Class only, the word "Amended" can be text in. Also, a Memorandum should not be attached to the Motion, it should be filed as a separate document, the correct event can be found under the "Responses and Replies" category. Also, documents # 7 and # 8 are not amended documents, they are exhibits to document # 6 and should be attached as exhibits to the Amended Motion to Certify Class, which can all be docketed in the same entry. (JCH)

April 28, 2009 PACER
9

Amended MOTION to Certify Class by A.B. (Attachments: # 1 Exhibit one, # 2 Affidavit)(Bedi, Sheila) (Entered: 04/28/2009)

April 28, 2009 PACER
10

**NOTE: FILED INCORRECTLY. MEMORANDUM in Support re Amended MOTION to Certify Class filed by D.W., K.V., A.R., J.P., A.B., W.R. (Attachments: # 1 Exhibit One, # 2 Affidavit)(Bedi, Sheila); Modified to delete link and add docket text on 4/29/2009 (JCH). (Entered: 04/28/2009)

April 28, 2009 PACER

DOCKET ANNOTATION as to # 10. Attorney's office is advised that the wrong document was scanned in. The correct memorandum should be re-filed and linked to document 9 . (JCH)

April 29, 2009 PACER
11

MEMORANDUM in Support re 9 Amended MOTION to Certify Class filed by D.W., K.V., A.R., J.P., A.B., W.R. (Attachments: # 1 Exhibit One, # 2 Affidavit)(Bedi, Sheila) (Entered: 04/29/2009)

April 29, 2009 PACER
12

NOTICE of Appearance by Robert B. McDuff on behalf of all plaintiffs (McDuff, Robert) (Entered: 05/01/2009)

May 1, 2009 PACER
13

MOTION for Extension of Time to File Answer re 9 Amended MOTION to Certify Class by Harrison County, Mississippi (Young, Karen) (Entered: 05/06/2009)

May 6, 2009 PACER
14

MOTION for Extension of Time to File Answer re 5 Amended Complaint by Harrison County, Mississippi (Young, Karen) (Entered: 05/06/2009)

May 6, 2009 PACER

TEXT ONLY ORDER granting 14 Motion for Extension of Time to Answer re 5 Amended Complaint. Harrison County, Mississippi answer due 6/9/2009. No further written order will issue from the Court. Signed by Magistrate Judge Robert H. Walker on May 8, 2009 (King, Steve)

May 8, 2009 PACER

TEXT ONLY ORDER granting 13 Motion for Extension of Time to Respond to 9 Amended MOTION to Certify Class. The Response is due June 9, 2009. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THIS COURT. Signed by District Judge Louis Guirola, Jr., on 5/8/2009. (BR)

May 8, 2009 PACER
15

AGREED ORDER signed by District Judge Louis Guirola, Jr., on 6/11/2009. (CG) (Entered: 06/11/2009)

June 11, 2009 PACER
16

MOTION to Substitute Attorney by Harrison County, Mississippi (Young, Karen) (Entered: 06/30/2009)

June 30, 2009 PACER

TEXT ONLY ORDER granting 16 Motion to Substitute Attorney. Added attorney Tim C. Holleman for Harrison County, Mississippi. Attorney Karen Jobe Young terminated. No further written order will issue from the Court. Signed by Magistrate Judge Robert H. Walker on July 1, 2009 (King, Steve)

July 1, 2009 PACER
17

Joint MOTION for Settlement Approval by D.W., K.V., A.R., J.P., A.B., W.R., Harrison County, Mississippi (Attachments: # 1 Signed Settlement Agreement, # 2 Proposed Notice to Class)(Bedi, Sheila) (Entered: 08/18/2009)

Aug. 18, 2009 PACER
18

NOTICE of Endorsement by Harrison County, Mississippi re 17 Joint MOTION for Settlement Approval (Holleman, Tim) (Entered: 08/18/2009)

Aug. 18, 2009 PACER

DOCKET ANNOTATION as to # 17. Attorney's office is advised that all proposed orders should be submitted to the judge via email and not filed with the document. (JCH)

Aug. 19, 2009 PACER
19

NOTICE of Hearing:IN PERSON Status Conference set for 9/3/2009 01:30 PM before District Judge Louis Guirola Jr. and Magistrate Judge Robert H. Walker.(JR) (Entered: 08/21/2009)

Aug. 21, 2009 PACER

Minute Entry for proceedings held before District Judge Louis Guirola, Jr. and Magistrate Judge Robert H. Walker: Status Conference held on 9/3/2009. Counsel for all parties were present and discussed issues related to the proposed settlement agreement. The parties will file an amended motion for preliminary approval of the settlement agreement and submit an amended proposed order approving same to the Court. (Whitsitt, K)

Sept. 3, 2009 PACER
20

MOTION to Amend/Correct FOR APPROVAL OF PROPOSED AMENDED SETTLEMENT AGREEMENT by D.W., K.V., A.R., Mississippi Protection and Advocacy System, Inc., J.P., A.B., W.R. (Attachments: # 1 Exhibit One-Amended Settlement Agreement, # 2 Exhibit Two-Demuro CV/Invoice, # 3 Exhibit three-Balsamo CV, # 4 Exhibit 4-previously posted notice, # 5 Exhibit 5-amended notice, # 6 Exhibit 6-notice to future class members, # 7 Exhibit 7-class member statements)(Bedi, Sheila) (Entered: 10/02/2009)

Oct. 2, 2009 PACER
21

ORDER granting 20 Amended Joint Motion for Approval of Proposed Amended Settlement Agreement; finding as moot 2 Motion to Certify Class; granting 9 Amended Motion to Certify Class; finding as moot 17 Joint Motion for Settlement Approval. This matter is dismissed without prejudice. Signed by District Judge Louis Guirola, Jr. on 10/13/09. (RLW) (Entered: 10/13/2009)

Oct. 13, 2009 RECAP

State / Territory: Mississippi

Case Type(s):

Juvenile Institution

Key Dates

Filing Date: April 2, 2009

Closing Date: 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A proposed class of juveniles in the Harrison County Juvenile Detention Center and the Mississippi Protection & Advocacy System, Inc.

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Southern Poverty Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Harrison County (Harrison), County

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Protection and Advocacy for Individuals with Mental Illness (PAIMI) Act, 42 U.S.C. § 10801

Constitutional Clause(s):

Equal Protection

Due Process

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

General:

Bathing and hygiene

Confinement/isolation

Disciplinary procedures

Excessive force

Juveniles

Restraints : physical

Sanitation / living conditions

Suicide prevention

Race:

Race, unspecified

Disability:

disability, unspecified

Mental impairment

Medical/Mental Health:

Mental health care, general

Suicide prevention

Type of Facility:

Government-run

Non-government for profit