Support the Civil Rights Litigation Clearinghouse?

The Civil Rights Litigation Clearinghouse is committed to making information about civil rights lawsuits public, accessible, and free. If you use our--recently revamped--website and the posted documents and information, would you consider a donation? Our small but mighty team relies principally on grant funding and donations. Can you help?

Support the Civil Rights Litigation Clearinghouse?

The Civil Rights Litigation Clearinghouse is committed to making information about civil rights lawsuits public, accessible, and free. If you use our--recently revamped--website and the posted documents and information, would you consider a donation? Our small but mighty team relies principally on grant funding and donations. Can you help?

Thank you!

DONATE

Case: DePriest ex rel. C.B. v. Walnut Grove Correctional Authority

3:10-cv-00663 | U.S. District Court for the Southern District of Mississippi

Filed Date: Nov. 16, 2010

Case Ongoing

Clearinghouse coding complete

Case Summary

On November 16, 2010, thirteen boys and young men incarcerated at the Walnut Grove Youth Correctional Facility ("WGYCF") in Leakes County, Mississippi, filed this class action lawsuit in the U.S. District Court for the Southern District of Mississippi, against the city entity responsible for operating WGYCF (the Walnut Grove Correctional Authority), the for-profit corporations under contract to manage the facility (GEO Group, Inc.) and provide medical care for the prisoners (Health Assurance, L…

On November 16, 2010, thirteen boys and young men incarcerated at the Walnut Grove Youth Correctional Facility ("WGYCF") in Leakes County, Mississippi, filed this class action lawsuit in the U.S. District Court for the Southern District of Mississippi, against the city entity responsible for operating WGYCF (the Walnut Grove Correctional Authority), the for-profit corporations under contract to manage the facility (GEO Group, Inc.) and provide medical care for the prisoners (Health Assurance, L.L.C.), several officials at WGYCF, and the Mississippi Departments of Corrections and Education. The plaintiffs, represented by the Mississippi Youth Justice Project, the Southern Poverty Law Center, the National Prison Project of the ACLU, and private counsel, challenged what they referred to as the "barbaric, unconstitutional conditions" of confinement at WGYCF. The case was assigned to Judge Carlton W. Reeves.

The plaintiffs alleged that staff and officials at WGYCF (1) instigated or were complicit in prisoner-on-prisoner violence and sexual assaults; (2) dealt and allowed the dealing of drugs within the facility; (3) engaged in sexual misconduct with the prisoners; (4) used excessive force (including chemical restraints) on the prisoners; (5) placed prisoners in punitive isolation with no penological justification; (6) failed to provide urgently needed medical and mental health care to prisoners, all in violation of the Eighth Amendment; and (7) failed to provide education for prisoners of school age and special education for prisoners with disabilities in violation of the Individuals with Disabilities Education Act, §§ 1400 et seq., Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, Title II of the Americans with Disabilities Act, 42 U.S.C. §§ 12111 et seq., and state law. The plaintiffs sought declaratory and injunctive relief.

Counsel for the plaintiffs had begun investigating the conditions at the WGYCF in 2006, and in fact had already begun settlement negotiations with the defendants prior to filing suit. As the parties were negotiating throughout the course of the action, very little appears on the docket other than extensions of deadlines. Notably, however, all defendants but the Mississippi Departments of Corrections and Education were released by the plaintiffs on November 15, 2011, with the understanding that the Departments could provide the plaintiffs with the complete relief sought.

Negotiations continued until February 3, 2012, when the parties submitted their proposed settlement agreement to the District Court. The agreement consisted of two consent decrees, one pertaining to present and future prisoners at WGYCF and one pertaining to all prisoners in the custody of the Mississippi Department of Corrections ("MDOC") who were ages 17 or under or who were ages 18 or 19 and will be housed in the Youthful Offender Unit.

Under the terms of the first consent decree, MDOC agreed (1) to limit the use of force at WGYCF to that necessary to safely contain prisoners, to get the Warden's approval for the use of force, and to document any use of force with audio-visual recordings and in writing; (2) to limit and document the use of chemical restraints; (3) to limit the use of long-term cell confinement and isolation to certain specific circumstances; (4) to guarantee disciplinary due process and an create an adequate grievance procedure; (5) to implement an adequate and humane suicide prevention policy; and (6) to provide "adequate, appropriate, and timely" medical, dental and mental health care. The decree also arranged for the appointment of monitors to work with MDOC to create appropriate policies and enforce compliance, and it gave the monitors and plaintiffs' counsel complete access to the WGYCF facility and records. If the plaintiffs believed the defendants were not in compliance with the decree, they could seek enforcement by the Court after fulfilling notice and cure requirements. No class member was barred by the decree from bringing individual suit against the defendants. The decree was to last for five years, but could end sooner if the Court found the WGYCF had been in compliance for two years and could be extended up to two years if the Court found that MDOC had failed to substantially comply.

The second consent decree arranged for the creation of a Youthful Offender Unit ("YOU") at the Central Mississippi Correctional Facility to house all prisoners ages 17 or under who are in MDOC custody and certain prisoners ages 18 and 19. That is, the WGYCF will no longer house youths who are ages 17 and under. The terms for YOU are similar to those for WGYCF, with the notable differences that solitary confinement is prohibited entirely, a focus is placed on rehabilitative programming, and a visitation policy is specifically addressed.

After fairness hearings on March 22, 2012, the District Court granted final approval for the consent decrees on March 26 and certified the two classes for the purpose of the settlements.

The classes were:

All individuals who are now or who in the future will be housed WGYCF and who live with a serious mental illness, referred to in this MOA as "Plaintiffs" or "prisoners."
And:
1) All male youth who are ages 17 and under and who are now or in the future will be housed in a Mississippi Department of Corrections prison and who live with a serious mental illness, and 2) all male youth who are ages 18 and 19 and who will be housed in the YOU who live with a serious mental illness, referred to in this MOA as "Plaintiffs," "prisoners," or "youth."

While this case was ongoing, the Department of Justice was conducting a separate investigation of the facility. The Department of Justice released its findings on March 20, 2012. Although the DOJ investigation and this case are very separate, the plaintiffs in this case entered the DOJ's findings into the record on March 21, 2012 for the court to take judicial notice of.

On May 29, 2012, the Court held an emergency hearing, requested by the plaintiffs in light of two incidents, a rape and a stabbing, that had occurred after the consent decrees went into effect. The parties agreed that the defendants would alert the plaintiffs' counsel if there were any further incidents of violence at the facility, and that they would work together to keep further incidents from occurring as the consent decrees took effect and changes began to be made.

On July 10, 2014, a riot took place at WGYCF, more extreme than a previous riot that took place six months earlier. These riots prompted the plaintiffs to file a motion for enforcement and modification of consent decree on August 6, 2014, in which they requested an evidentiary hearing in order to take testimony on whether additional remedial measures were required to provide reasonably safe living conditions and freedom from violence at WGYCF. No hearing was immediately set, as the Court allowed for the parties to pursue their mediation obligations between themselves and through the magistrate judge. On March 13, 2015, the defendants filed a motion to terminate prospective relief granted and ordered by the Court’s approval of the consent decree.

A hearing on both motions was held in April 2015. On June 11, 2015, the Court issued an order denying the defendants' motion to terminate the consent decree. The Court denied the plaintiffs' motion to modify the consent decree and granted in part the motion to enforce the consent decree's substantive provisions of regrading classification and housing system and protection from harm. The court found that, while the defendants had improved upon the conditions that existed at the time of the riots and a majority of the consent decree's provisions were no longer necessary, ongoing violations of the plaintiffs’ Eighth Amendment rights remained. The Court continued to enforce the consent decree. 2015 WL 3795020.

On July 13, 2015, the defendants filed an appeal from the denial of the defendants' motion to terminate the consent decree with the U.S. Court of Appeals for the Fifth Circuit. Before the Fifth Circuit could render an opinion, Walnut Grove was closed. On September 27, 2016, the Fifth Circuit found that the closing mooted the appeal and dismissed the case for lack of jurisdiction, but held that the District Court retained jurisdiction to rule on the plaintiffs' motion for attorney's fees and costs. 669 F. App'x 209.

On September 22, 2017, Judge Reeves ordered the defendants to pay $496,859.25 in attorney's fees and costs. Judge Reeves also entered a final judgment in the case that day, with all the plaintiffs' claims dismissed with prejudice. The plaintiffs filed a motion for attorney fees on fees litigation. On April 25, 2018, the Court ordered the defendants to pay $35,343.15 in fees on fees. The case is now closed.

Summary Authors

Christopher Schad (7/17/2012)

Richard Jolly (11/18/2014)

Katrina Fetsch (3/27/2016)

Lauren Shepard (4/2/2018)

Sarah McDonald (8/5/2018)

Related Cases

DOJ Investigation of Walnut Grove Youth Correctional Facility, No Court (None)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4302072/parties/depriest-v-walnut-grove-correctional-authority/


Judge(s)

Ball, F. Keith (Mississippi)

Reeves, Carlton Wayne (Mississippi)

Attorneys(s) for Plaintiff

Bedi, Sheila A. (Mississippi)

Bidinger, Sarah D (Mississippi)

Carroll, Vanessa (Mississippi)

Chartoff, Marion D. (Alabama)

Eber, Gabriel B. (District of Columbia)

Eichelberger, Jennie S.H. (Mississippi)

Howard, Jacob W. (Mississippi)

Johnson, Jadine (Alabama)

Judge(s)

Ball, F. Keith (Mississippi)

Reeves, Carlton Wayne (Mississippi)

Attorneys(s) for Plaintiff

Bedi, Sheila A. (Mississippi)

Bidinger, Sarah D (Mississippi)

Carroll, Vanessa (Mississippi)

Chartoff, Marion D. (Alabama)

Eber, Gabriel B. (District of Columbia)

Eichelberger, Jennie S.H. (Mississippi)

Howard, Jacob W. (Mississippi)

Johnson, Jadine (Alabama)

McDuff, Robert B. (Mississippi)

Nong, Dominique (Alabama)

Owens, Jody E. II (Mississippi)

Winter, Margaret (District of Columbia)

Attorneys(s) for Defendant

Bell, Lewis W (Mississippi)

Bentley, Michael J. (Mississippi)

Butler, Gregory Todd (Mississippi)

Epps, Christopher B. (Mississippi)

Friedman, Gary E. (Mississippi)

Matheny, Justin L. (Mississippi)

Minor, Wilson D. (Mississippi)

Nobile, Krissy Casey (Mississippi)

Pedersen, Robert H. (Mississippi)

Pizzetta, Harold Edward III (Mississippi)

Siler, William T. Jr. (Mississippi)

Thaggard, Lee (Mississippi)

Williams, Michael C. (Mississippi)

Other Attorney(s)

Humphrey, Omar K. (Mississippi)

Documents in the Clearinghouse

Document

3:10-cv-00663

Docket [PACER]

DePriest v. Walnut Grove Correctional Authority

May 1, 2018

May 1, 2018

Docket
1

3:10-cv-00663

Complaint

Nov. 16, 2010

Nov. 16, 2010

Complaint
59

3:10-cv-00663

Notice of Dismissal

C.B. v. Walnut Grove Correctional Authority

Nov. 15, 2011

Nov. 15, 2011

Notice Letter
74

3:10-cv-00663

Plaintiffs' Notice of Findings of the United States' Investigation of the Walnut Grove Youth Correctional Facility

C.B. v. Walnut Grove Correctional Authority

March 21, 2012

March 21, 2012

Findings Letter/Report
75-3

3:10-cv-00663

Consent Decree [Pertaining to All Present and Future Prisoners at the Walnut Grove Youth Correctional Facility]

March 26, 2012

March 26, 2012

Settlement Agreement
75

3:10-cv-00663

Order Approving Settlement

DePriest ex re. C.B. v. Epps

March 26, 2012

March 26, 2012

Order/Opinion
75-1

3:10-cv-00663

Consent Decree [Pertaining to All Male Youth Age 17 or Under Who Are in the Custody of the Mississippi Department of Corrections]

March 26, 2012

March 26, 2012

Settlement Agreement

3:10-cv-00663

[Transcript of Emergency] Hearing

DePriest v. Walnut Grove Correctional Authority

May 29, 2012

May 29, 2012

Transcript
170

3:10-cv-00663

[Amended] Order

DePriest v. Walnut Grove Correctional Authority

June 10, 2015

June 10, 2015

Order/Opinion
175

3:10-cv-00663

Final Judgment Pursuant to Rule 54(b)

DePriest v. Walnut Grove Correctional Authority

July 9, 2015

July 9, 2015

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4302072/depriest-v-walnut-grove-correctional-authority/

Last updated Nov. 30, 2022, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Tom Burnham, Christopher Epps, GEO Group, Inc., Health Assurance, L.L.C., K. Hogue, Dan Kern, Walter Tripp, Wesley Vinson, Walnut Grove Correctional Authority ( Filing fee $ 350 receipt number 34643006550), filed by Erik Barnes, Craig Kincaid, Charleston DePriest, Joshua Clay, Christopher Coleman, Lamarsha Readus, Cozy Scott, Eric Ball, Brian Webster, Fredrick White, Lamarcus Curry, Jamario Brady, Latravis Smith. (Attachments: # 1 Civil Cover Sheet)(cwl) (Entered: 11/16/2010)

1 Civil Cover Sheet

View on PACER

Nov. 16, 2010

Nov. 16, 2010

PACER
2

Summons Issued as to Tom Burnham, Christopher Epps, GEO Group, Inc., Health Assurance, L.L.C., K. Hogue, Dan Kern, Walter Tripp, Wesley Vinson, Walnut Grove Correctional Authority. (cwl) (Entered: 11/16/2010)

Nov. 16, 2010

Nov. 16, 2010

PACER
3

***ERROR***DISREGARD THIS ENTRY. MOTION to Certify Class by Eric Ball, Erik Barnes, Jamario Brady, Joshua Clay, Christopher Coleman, Lamarcus Curry, Charleston DePriest, Craig Kincaid, Lamarsha Readus, Cozy Scott, Latravis Smith, Brian Webster, Fredrick White (Bedi, Sheila) Modified on 11/18/2010 (cwl). (Entered: 11/17/2010)

Nov. 17, 2010

Nov. 17, 2010

PACER
4

***ERROR***DISREGARD THIS ENTRY. MEMORANDUM in Support re 3 MOTION to Certify Class filed by Eric Ball, Erik Barnes, Jamario Brady, Joshua Clay, Christopher Coleman, Lamarcus Curry, Charleston DePriest, Craig Kincaid, Lamarsha Readus, Cozy Scott, Latravis Smith (Attachments: # 1 Affidavit)(Bedi, Sheila) Modified on 11/18/2010 (cwl). (Entered: 11/17/2010)

1 Affidavit

View on PACER

Nov. 17, 2010

Nov. 17, 2010

PACER
5

MOTION to Certify Class by Eric Ball, Erik Barnes, Jamario Brady, Joshua Clay, Christopher Coleman, Lamarcus Curry, Charleston DePriest, Craig Kincaid, Lamarsha Readus, Cozy Scott, Latravis Smith, Brian Webster, Fredrick White (Bedi, Sheila) (Entered: 11/18/2010)

Nov. 18, 2010

Nov. 18, 2010

PACER
6

MEMORANDUM in Support re 5 MOTION to Certify Class filed by Eric Ball, Erik Barnes, Jamario Brady, Joshua Clay, Christopher Coleman, Lamarcus Curry, Charleston DePriest, Craig Kincaid, Lamarsha Readus, Cozy Scott, Latravis Smith, Brian Webster, Fredrick White (Attachments: # 1 Affidavit)(Bedi, Sheila) (Entered: 11/18/2010)

1 Affidavit

View on PACER

Nov. 18, 2010

Nov. 18, 2010

PACER

Docket Annotation

Nov. 18, 2010

Nov. 18, 2010

PACER

DOCKET ANNOTATION as to # 3 and 4 The documents aren't signed in compliance with the courts Administrative Procedures for Electronic Case Filing (Sec. 3.D.) and Fed.R.Civ.P. Rule 11(a). Attorney is directed to refile the documents with an appropriate signature. Motion 3 termed. (cwl)

Nov. 18, 2010

Nov. 18, 2010

PACER
7

Summons Returned Unexecuted by Erik Barnes, Craig Kincaid, Charleston DePriest, Joshua Clay, Christopher Coleman, Lamarsha Readus, Cozy Scott, Eric Ball, Brian Webster, Fredrick White, Lamarcus Curry, Jamario Brady, Latravis Smith as to GEO Group, Inc.. (Bedi, Sheila) (Entered: 11/22/2010)

Nov. 22, 2010

Nov. 22, 2010

PACER
8

Summons Returned Unexecuted by Erik Barnes, Craig Kincaid, Charleston DePriest, Joshua Clay, Christopher Coleman, Lamarsha Readus, Cozy Scott, Eric Ball, Brian Webster, Fredrick White, Lamarcus Curry, Jamario Brady, Latravis Smith as to K. Hogue. (Bedi, Sheila) (Entered: 11/22/2010)

Nov. 22, 2010

Nov. 22, 2010

PACER
9

Summons Returned Unexecuted by Erik Barnes, Craig Kincaid, Charleston DePriest, Joshua Clay, Christopher Coleman, Lamarsha Readus, Cozy Scott, Eric Ball, Brian Webster, Fredrick White, Lamarcus Curry, Jamario Brady, Latravis Smith as to Dan Kern. (Bedi, Sheila) (Entered: 11/22/2010)

Nov. 22, 2010

Nov. 22, 2010

PACER
10

Summons Returned Unexecuted by Erik Barnes, Craig Kincaid, Charleston DePriest, Joshua Clay, Christopher Coleman, Lamarsha Readus, Cozy Scott, Eric Ball, Brian Webster, Fredrick White, Lamarcus Curry, Jamario Brady, Latravis Smith as to Wesley Vinson. (Bedi, Sheila) (Entered: 11/22/2010)

Nov. 22, 2010

Nov. 22, 2010

PACER
11

Summons Returned Unexecuted by Erik Barnes, Craig Kincaid, Charleston DePriest, Joshua Clay, Christopher Coleman, Lamarsha Readus, Cozy Scott, Eric Ball, Brian Webster, Fredrick White, Lamarcus Curry, Jamario Brady, Latravis Smith as to Walnut Grove Correctional Authority. (Bedi, Sheila) (Entered: 11/22/2010)

Nov. 22, 2010

Nov. 22, 2010

PACER
12

Summons Returned Unexecuted by Erik Barnes, Craig Kincaid, Charleston DePriest, Joshua Clay, Christopher Coleman, Lamarsha Readus, Cozy Scott, Eric Ball, Brian Webster, Fredrick White, Lamarcus Curry, Jamario Brady, Latravis Smith as to Walter Tripp. (Bedi, Sheila) (Entered: 11/22/2010)

Nov. 22, 2010

Nov. 22, 2010

PACER
13

Summons Reissued as to Dan Kern, Walter Tripp, Wesley Vinson, Walnut Grove Correctional Authority. (cwl) (Entered: 11/23/2010)

Nov. 23, 2010

Nov. 23, 2010

PACER
14

Summons Reissued as to K. Hogue. (cwl) (Entered: 11/29/2010)

Nov. 29, 2010

Nov. 29, 2010

PACER
15

MOTION for Extension of Time to File Answer re 1 Complaint, by Tom Burnham (Minor, Wilson) (Entered: 11/30/2010)

Nov. 30, 2010

Nov. 30, 2010

PACER
16

ORDER granting 15 Motion for Extension of Time to Answer. Tom Burnham answer due 1/6/2011. Signed by Magistrate Judge F. Keith Ball on December 1, 2010 (CSF) (Entered: 12/01/2010)

Dec. 1, 2010

Dec. 1, 2010

PACER
17

MOTION for Extension of Time to File Answer re 1 Complaint, by Christopher Epps (Matheny, Justin) (Entered: 12/03/2010)

Dec. 3, 2010

Dec. 3, 2010

PACER
18

MOTION for Extension of Time to File Answer re 1 Complaint, by Health Assurance, L.L.C. (Pedersen, Robert) (Entered: 12/03/2010)

Dec. 3, 2010

Dec. 3, 2010

PACER
19

ORDER granting 17 Motion for Extension of Time to Answer. Christopher Epps answer due 1/6/2011. Signed by Magistrate Judge F. Keith Ball on December 6, 2010 (CSF) (Entered: 12/06/2010)

Dec. 6, 2010

Dec. 6, 2010

PACER

TEXT-ONLY ORDER granting 18 Motion for Extension of Time to Answer. Health Assurance, L.L.C. answer due 1/10/2011. NO WRITTEN ORDER SHALL ISSUE. Signed by Magistrate Judge F. Keith Ball on December 6, 2010 (CSF)

Dec. 6, 2010

Dec. 6, 2010

PACER

Order on Motion for Extension of Time to Answer

Dec. 6, 2010

Dec. 6, 2010

PACER
20

MOTION for Extension of Time to File Answer by K. Hogue (Pedersen, Robert) (Entered: 12/10/2010)

Dec. 10, 2010

Dec. 10, 2010

PACER

Order on Motion for Extension of Time to Answer

Dec. 13, 2010

Dec. 13, 2010

PACER

TEXT-ONLY ORDER granting 20 Motion for Extension of Time to Answer. K. Hogue answer due 1/10/2011. NO WRITTEN ORDER SHALL ISSUE. Signed by Magistrate Judge F. Keith Ball on December 13, 2010 (CSF)

Dec. 13, 2010

Dec. 13, 2010

PACER
21

MOTION for Margaret Winter to Appear Pro Hac Vice by Eric Ball, Erik Barnes, Jamario Brady, Joshua Clay, Christopher Coleman, Lamarcus Curry, Charleston DePriest, Craig Kincaid, Lamarsha Readus, Cozy Scott, Latravis Smith, Brian Webster, Fredrick White (Attachments: # 1 Exhibit A - Certificate of Good Standing)(McDuff, Robert) (Entered: 12/21/2010)

1 Exhibit A - Certificate of Good Standing

View on PACER

Dec. 21, 2010

Dec. 21, 2010

PACER
22

NOTICE of Appearance by Lee Thaggard on behalf of GEO Group, Inc., Dan Kern, Walter Tripp, Wesley Vinson, Walnut Grove Correctional Authority (Thaggard, Lee) (Entered: 12/21/2010)

Dec. 21, 2010

Dec. 21, 2010

PACER

Pro Hac Vice fee paid

Dec. 21, 2010

Dec. 21, 2010

PACER

Pro Hac Vice fee paid for Margaret Winter receipt number 0538-1747901 $ 100 (McDuff, Robert)

Dec. 21, 2010

Dec. 21, 2010

PACER

Docket Annotation

Dec. 22, 2010

Dec. 22, 2010

PACER

PLEASE DISREGARD - ENTERED IN ERROR -NOTICE OF RESCHEDULING OF TELEPHONIC CASE MANAGEMENT CONFERENCE. Per the request of the parties, the TCMC scheduled for 1/5/11 HAS BEEN RESCHEDULED TO 1/13/11 AT 2:45 P.M. before Judge Ball. (CSF) Modified on 12/22/2010 (CSF).

Dec. 22, 2010

Dec. 22, 2010

PACER

Notice (Other)

Dec. 22, 2010

Dec. 22, 2010

PACER

TEXT-ONLY ORDER granting 21 Motion to Appear Pro Hac Vice, that Margaret Winter be admitted pro had vice in this case on behalf of the plaintiffs in association with local counsel and upon registration for electronic filing as required by the Court. NO WRITTEN ORDER SHALL ISSUE. Signed by Magistrate Judge F. Keith Ball on December 22, 2010 (CSF)

Dec. 22, 2010

Dec. 22, 2010

PACER

DOCKET ANNOTATION as to NOTICE filed 12/22/10. Please disregard - this was entered in error. (CSF)

Dec. 22, 2010

Dec. 22, 2010

PACER

Order on Motion to Appear Pro Hac Vice

Dec. 22, 2010

Dec. 22, 2010

PACER
23

Unopposed MOTION for Extension of Time to File Answer re 6 Memorandum in Support of Motion, 5 MOTION to Certify Class, 1 Complaint, until March 1, 2011 by GEO Group, Inc., Dan Kern, Walter Tripp, Wesley Vinson, Walnut Grove Correctional Authority (Thaggard, Lee) (Entered: 12/30/2010)

Dec. 30, 2010

Dec. 30, 2010

PACER
24

ORDER granting 23 Motion for Extension of Time to Answer and respond to Motion for Certification. GEO Group, Inc. answer due 3/1/2011; Walter Tripp answer due 3/1/2011; Wesley Vinson answer due 3/1/2011; Walnut Grove Correctional Authority answer due 3/1/2011. Signed by Magistrate Judge F. Keith Ball on 1/4/11. (dfk) (Entered: 01/04/2011)

Jan. 4, 2011

Jan. 4, 2011

PACER
25

Unopposed MOTION for Extension of Time to File Answer re 1 Complaint,, MOTION for Extension of Time to File Response/Reply as to 5 MOTION to Certify Class by Christopher Epps (Matheny, Justin) (Entered: 01/05/2011)

Jan. 5, 2011

Jan. 5, 2011

PACER
26

Unopposed MOTION for Extension of Time to File Answer re 1 Complaint,, MOTION for Extension of Time to File Response/Reply as to 5 MOTION to Certify Class by Tom Burnham (Minor, Wilson) (Entered: 01/05/2011)

Jan. 5, 2011

Jan. 5, 2011

PACER
27

NOTICE of Appearance by Walter T. Johnson on behalf of Health Assurance, L.L.C. (Johnson, Walter) (Entered: 01/07/2011)

Jan. 7, 2011

Jan. 7, 2011

PACER
28

MOTION for Extension of Time to File Answer by Health Assurance, L.L.C., K. Hogue (Pedersen, Robert) (Entered: 01/07/2011)

Jan. 7, 2011

Jan. 7, 2011

PACER
29

MOTION for Extension of Time to File Response/Reply as to 6 Memorandum in Support of Motion, 5 MOTION to Certify Class by Health Assurance, L.L.C., K. Hogue (Pedersen, Robert) (Entered: 01/07/2011)

Jan. 7, 2011

Jan. 7, 2011

PACER

Text-only ORDER granting 28 Motion for Extension of Time to Answer Health Assurance, L.L.C. answer due 3/1/2011.; granting 29 Motion for Extension of Time to File Response/Reply re 5 MOTION to Certify Class ( Responses due by 3/1/2011) Signed by Magistrate Judge F. Keith Ball on 1/11/11. (No further written order will be issued.) (dfk)

Jan. 11, 2011

Jan. 11, 2011

PACER

Set Motion and R&R Deadlines/Hearings

Jan. 11, 2011

Jan. 11, 2011

PACER

Text-only ORDER granting 26 Motion for Extension of Time to Answer Tom Burnham answer due 3/1/2011.; granting 26 Motion for Extension of Time to File Response/Reply re 5 MOTION to Certify Class ( Responses due by 3/1/2011) Signed by Magistrate Judge F. Keith Ball on 1/11/11. (No further written order will be issued.) (dfk)

Jan. 11, 2011

Jan. 11, 2011

PACER

Set/Reset Deadlines as to 5 MOTION to Certify Class.( Responses due by 3/1/2011), Set/Reset Deadlines: K. Hogue answer due 3/1/2011. (dfk)

Jan. 11, 2011

Jan. 11, 2011

PACER

Order on Motion for Extension of Time to Answer

Jan. 11, 2011

Jan. 11, 2011

PACER

Text-only ORDER. Defendant K. Hogue's Answer due 3/1/11; Defendant K. Hogue's Response to Motion for Class Certification due 3/1/11. Signed by Magistrate Judge F. Keith Ball on 1/11/11. (No further written order will be issued.) (dfk)

Jan. 11, 2011

Jan. 11, 2011

PACER

Test-only ORDER granting 25 Motion for Extension of Time to Answer Christopher Epps answer due 3/1/2011.; granting 25 Motion for Extension of Time to File Response/Reply re 5 MOTION to Certify Class ( Responses due by 3/1/2011) Signed by Magistrate Judge F. Keith Ball on 1/11/11. (No further written order will be issued.) (dfk)

Jan. 11, 2011

Jan. 11, 2011

PACER

Order

Jan. 11, 2011

Jan. 11, 2011

PACER
30

ORDER REASSIGNING CASE. Case reassigned to District Judge Carlton W. Reeves for all further proceedings. District Judge Daniel P. Jordan, III no longer assigned to case Signed by District Judge Louis Guirola, Jr on 1/13/2011 (cwl) (Entered: 01/14/2011)

Jan. 13, 2011

Jan. 13, 2011

PACER
31

NOTICE of Service of Disclosure by GEO Group, Inc., Dan Kern, Walter Tripp, Wesley Vinson, Walnut Grove Correctional Authority (Thaggard, Lee) (Entered: 02/07/2011)

Feb. 7, 2011

Feb. 7, 2011

PACER
32

NOTICE OF SERVICE OF PRE-DISCOVERY DISCLOSURE INFORMATION by Health Assurance, L.L.C., K. Hogue (Pedersen, Robert) (Entered: 02/08/2011)

Feb. 8, 2011

Feb. 8, 2011

PACER
33

NOTICE of Service of PRE-DISCOVERY Disclosure by Health Assurance, L.L.C., K. Hogue (Pedersen, Robert) (Entered: 02/08/2011)

Feb. 8, 2011

Feb. 8, 2011

PACER

Docket Annotation

Feb. 8, 2011

Feb. 8, 2011

PACER

DOCKET ANNOTATION as to # 32 incorrect event used. Attorney is advised to refile using the event Notice of Service of Disclosure which is located under the category Discovery Documents. (cwl)

Feb. 8, 2011

Feb. 8, 2011

PACER
34

Unopposed MOTION for Extension of Time to File Response/Reply as to 5 MOTION to Certify Class, 1 Complaint, by Christopher Epps (Matheny, Justin) (Entered: 02/22/2011)

Feb. 22, 2011

Feb. 22, 2011

PACER

Order on Motion for Extension of Time to File Response/Reply

Feb. 22, 2011

Feb. 22, 2011

PACER

TEXT ONLY ORDER granting Defendant Epps's unopposed 34 Motion for Extension of Time to File Response/Reply re 5 MOTION to Certify Class and to file response to Complaint. Epps's Responses due by 4/1/2011. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge F. Keith Ball on 2/22/11. (YWJ)

Feb. 22, 2011

Feb. 22, 2011

PACER
35

Unopposed MOTION for Extension of Time to File Answer re 1 Complaint,, MOTION for Extension of Time to File Response/Reply as to 5 MOTION to Certify Class by Tom Burnham (Minor, Wilson) (Entered: 02/28/2011)

Feb. 28, 2011

Feb. 28, 2011

PACER
36

Unopposed MOTION for Extension of Time to File Answer & Defenses to Complaint (Document No. 1) and First Motion to Certify Class (Document No. 5) by GEO Group, Inc., Dan Kern, Walter Tripp, Wesley Vinson, Walnut Grove Correctional Authority (Thaggard, Lee) (Entered: 02/28/2011)

Feb. 28, 2011

Feb. 28, 2011

PACER
37

Unopposed MOTION for Extension of Time to File Answer re 1 Complaint,, MOTION for Extension of Time to File Response/Reply as to 6 Memorandum in Support of Motion, 5 MOTION to Certify Class by GEO Group, Inc., Dan Kern, Walter Tripp, Wesley Vinson, Walnut Grove Correctional Authority (Thaggard, Lee) (Entered: 03/01/2011)

March 1, 2011

March 1, 2011

PACER
38

MOTION for Extension of Time to File Answer re 1 Complaint, by Health Assurance, L.L.C., K. Hogue (Pedersen, Robert) (Entered: 03/01/2011)

March 1, 2011

March 1, 2011

PACER
39

MOTION for Extension of Time to File Response/Reply as to 5 MOTION to Certify Class by Health Assurance, L.L.C., K. Hogue (Pedersen, Robert) (Entered: 03/01/2011)

March 1, 2011

March 1, 2011

PACER

CORRECTED DOCKET ANNOTATION as to # 36 incorrect motion relief selected. Attorney is advised to refile the Motion for Extension of Time to Answer and Motion for Extention of Time to File Response/Reply to Motion to Certify Class separately using the same pdf document. Motion 36 termed. (cwl)

March 1, 2011

March 1, 2011

PACER

DOCKET ANNOTATION as to # 36 incorrect motion relief selected. Attorney is advised to refile the "Motion for Extension of Time to Answer" and "Motion to Certify Class separately using the same pdf document. Motion 36 termed. (cwl)

March 1, 2011

March 1, 2011

PACER

Docket Annotation

March 1, 2011

March 1, 2011

PACER

Order on Motion for Extension of Time to Answer

March 3, 2011

March 3, 2011

PACER

TEXT ONLY ORDER granting 35 Motion for Extension of Time to Answer Tom Burnham answer due 4/1/2011.; granting 35 Motion for Extension of Time to File Response/Reply re 5 MOTION to Certify Class ( Responses due by 4/1/2011). NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge F. Keith Ball on 3/3/11. (YWJ)

March 3, 2011

March 3, 2011

PACER

TEXT ONLY ORDER granting 37 Motion for Extension of Time to Answer. GEO Group, Inc. answer due 4/1/2011; Dan Kern answer due 4/1/2011; Walter Tripp answer due 4/1/2011; Wesley Vinson answer due 4/1/2011; Walnut Grove Correctional Authority answer due 4/1/2011.; granting 37 Motion for Extension of Time to File Response/Reply re 5 MOTION to Certify Class ( Responses due by 4/1/2011). NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge F. Keith Ball on 3/3/11. (YWJ)

March 3, 2011

March 3, 2011

PACER

TEXT ONLY ORDER granting 38 Motion for Extension of Time to Answer. Health Assurance, L.L.C. answer due 4/1/2011; K. Hogue answer due 4/1/2011.; granting 39 Motion for Extension of Time to File Response/Reply re 5 MOTION to Certify Class ( Responses due by 4/1/2011). Signed by Magistrate Judge F. Keith Ball on 3/3/11. (YWJ)

March 3, 2011

March 3, 2011

PACER
40

Unopposed MOTION for Extension of Time to File Answer re 1 Complaint,, MOTION for Extension of Time to File Response/Reply as to 5 MOTION to Certify Class by Christopher Epps (Matheny, Justin) (Entered: 03/30/2011)

March 30, 2011

March 30, 2011

PACER
41

Unopposed MOTION for Extension of Time to File Answer re 1 Complaint,, MOTION for Extension of Time to File Response/Reply as to 5 MOTION to Certify Class by Tom Burnham (Minor, Wilson) (Entered: 03/31/2011)

March 31, 2011

March 31, 2011

PACER
42

NOTICE of Appearance by Jody E. Owens, II on behalf of All Plaintiffs (Owens, Jody) (Entered: 03/31/2011)

March 31, 2011

March 31, 2011

PACER
43

MOTION for Extension of Time to File Answer re 1 Complaint, by Health Assurance, L.L.C., K. Hogue (Pedersen, Robert) (Entered: 03/31/2011)

March 31, 2011

March 31, 2011

PACER
44

MOTION for Extension of Time to File Response/Reply as to 5 MOTION to Certify Class by Health Assurance, L.L.C., K. Hogue (Pedersen, Robert) (Entered: 03/31/2011)

March 31, 2011

March 31, 2011

PACER
45

MOTION for Extension of Time to File Answer re 1 Complaint,, MOTION for Extension of Time to File Response/Reply as to 6 Memorandum in Support of Motion, 5 MOTION to Certify Class by GEO Group, Inc., Dan Kern, Walter Tripp, Wesley Vinson, Walnut Grove Correctional Authority (Thaggard, Lee) (Entered: 03/31/2011)

March 31, 2011

March 31, 2011

PACER

TEXT ONLY ORDER granting 43 Motion for Extension of Time to Answer Health Assurance, L.L.C. answer due 6/1/2011; K. Hogue answer due 6/1/2011.; granting 44 Motion for Extension of Time to File Response/Reply re 5 MOTION to Certify Class ( Responses due by 6/1/2011) Signed by Magistrate Judge F. Keith Ball on March 31, 2011. NO FURTHER WRITTEN ORDER TO ENTER. (DCL)

March 31, 2011

March 31, 2011

PACER

Order on Motion for Extension of Time to Answer

March 31, 2011

March 31, 2011

PACER

TEXT ONLY ORDER granting 40 Motion for Extension of Time to Answer Christopher Epps answer due 6/1/2011; granting 40 Motion for Extension of Time to File Response/Reply re 5 MOTION to Certify Class (Responses due by 6/1/2011); granting 41 Motion for Extension of Time to Answer Tom Burnham answer due 6/1/2011; granting 41 Motion for Extension of Time to File Response/Reply re 5 MOTION to Certify Class (Responses due by 6/1/2011) Signed by Magistrate Judge F. Keith Ball on March 31, 2011. NO FURTHER WRITTEN ORDER TO ENTER. (DCL)

March 31, 2011

March 31, 2011

PACER

TEXT ONLY ORDER granting 45 Motion for Extension of Time to Answer GEO Group, Inc. answer due 6/1/2011; Dan Kern answer due 6/1/2011; Walter Tripp answer due 6/1/2011; Wesley Vinson answer due 6/1/2011; Walnut Grove Correctional Authority answer due 6/1/2011.; granting 45 Motion for Extension of Time to File Response re 5 MOTION to Certify Class (Responses due by 6/1/2011). Signed by Magistrate Judge F. Keith Ball on April 1, 2011. NO FURTHER WRITTEN ORDER TO ENTER. (DCL)

April 1, 2011

April 1, 2011

PACER

Order on Motion for Extension of Time to Answer

April 1, 2011

April 1, 2011

PACER
46

MOTION for Extension of Time to File Response/Reply as to 5 MOTION to Certify Class, 1 Complaint, by Christopher Epps (Matheny, Justin) (Entered: 05/27/2011)

May 27, 2011

May 27, 2011

PACER
47

Unopposed MOTION for Extension of Time to File Answer re 1 Complaint,, MOTION for Extension of Time to File Response/Reply as to 5 MOTION to Certify Class by Tom Burnham (Minor, Wilson) (Entered: 05/31/2011)

May 31, 2011

May 31, 2011

PACER
48

MOTION for Extension of Time to File Answer re 1 Complaint, by Health Assurance, L.L.C., K. Hogue (Pedersen, Robert) (Entered: 05/31/2011)

May 31, 2011

May 31, 2011

PACER
49

MOTION for Extension of Time to File Response/Reply as to 5 MOTION to Certify Class by Health Assurance, L.L.C., K. Hogue (Pedersen, Robert) (Entered: 05/31/2011)

May 31, 2011

May 31, 2011

PACER
50

[ENTERED IN ERROR. SEE DOCKET ANNOTATION.] TEXT ONLY ORDER granting 46 Motion for Extension of Time to File Response/Reply 47 Unopposed MOTION for Extension of Time to File Answer re 1 Complaint, MOTION for Extension of Time to File Response/Reply as to 5 MOTION to Certify Class, 46 MOTION for Extension of Time to File Response/Reply as to 5 MOTION to Certify Class, 1 Complaint,, 48 MOTION for Extension of Time to File Answer re 1 Complaint,, 49 MOTION for Extension of Time to File Response/Reply as to 5 MOTION to Certify Class Answers and Responses due by 8/1/2011 Signed by Magistrate Judge F. Keith Ball on June 1, 2011 NO FURTHER WRITTEN ORDER WILL BE ENTERED (WS) Modified on 6/1/2011 (WS). Modified on 6/1/2011 (WS). (Entered: 06/01/2011)

June 1, 2011

June 1, 2011

PACER
51

Unopposed MOTION for Extension of Time to File Answer re 1 Complaint,, MOTION for Extension of Time to File Response/Reply as to 6 Memorandum in Support of Motion, 5 MOTION to Certify Class by GEO Group, Inc., Dan Kern, Walter Tripp, Wesley Vinson, Walnut Grove Correctional Authority (Thaggard, Lee) (Entered: 06/01/2011)

June 1, 2011

June 1, 2011

PACER

Order on Motion for Extension of Time to File Response/Reply

June 1, 2011

June 1, 2011

PACER

TEXT ONLY ORDER granting 46 Motion for Extension of Time to File Response/Reply re 5 MOTION to Certify Class ( Responses due by 8/1/2011); granting 47 Motion for Extension of Time to Answer Tom Burnham answer due 8/1/2011; Health Assurance, L.L.C. answer due 8/1/2011; K. Hogue answer due 8/1/2011; Christopher Epps answer due 8/1/2011.; granting 47 Motion for Extension of Time to File Response/Reply re 5 MOTION to Certify Class ( Responses due by 8/1/2011); granting 48 Motion for Extension of Time to Answer Tom Burnham answer due 8/1/2011; Health Assurance, L.L.C. answer due 8/1/2011; K. Hogue answer due 8/1/2011; Christopher Epps answer due 8/1/2011.; granting 49 Motion for Extension of Time to File Response/Reply re 5 MOTION to Certify Class ( Responses due by 8/1/2011) Signed by Magistrate Judge F. Keith Ball on June 1, 2011 NO FURTHER ORDER WILL BE ISSUED. (WS)

June 1, 2011

June 1, 2011

PACER

DOCKET ANNOTATION as to #50. The text-only order at #50 was entered in error. A new order will be entered. (WS)

June 1, 2011

June 1, 2011

PACER

Docket Annotation

June 1, 2011

June 1, 2011

PACER

TEXT ONLY ORDER granting 51 Motion for Extension of Time to Answer GEO Group, Inc. answer due 8/1/2011; Dan Kern answer due 8/1/2011; Walter Tripp answer due 8/1/2011; Wesley Vinson answer due 8/1/2011; Walnut Grove Correctional Authority answer due 8/1/2011.; granting 51 Motion for Extension of Time to File Response/Reply re 5 MOTION to Certify Class ( Responses due by 8/1/2011) NO FURTHER WRITTEN ORDER WILL BE ENTERED. Signed by Magistrate Judge F. Keith Ball on June 2, 2011 (WS)

June 2, 2011

June 2, 2011

PACER

Order on Motion for Extension of Time to Answer

June 2, 2011

June 2, 2011

PACER
52

MOTION for Extension of Time to File Response/Reply as to 5 MOTION to Certify Class, 1 Complaint, by Christopher Epps (Matheny, Justin) (Entered: 07/29/2011)

July 29, 2011

July 29, 2011

PACER
53

Unopposed MOTION for Extension of Time to File Answer re 1 Complaint, by Health Assurance, L.L.C., K. Hogue (Pedersen, Robert) (Entered: 08/01/2011)

Aug. 1, 2011

Aug. 1, 2011

PACER
54

Unopposed MOTION for Extension of Time to File Response/Reply as to 5 MOTION to Certify Class by Health Assurance, L.L.C., K. Hogue (Pedersen, Robert) (Entered: 08/01/2011)

Aug. 1, 2011

Aug. 1, 2011

PACER
55

MOTION for Extension of Time to File Response/Reply as to 5 MOTION to Certify Class, 1 Complaint, by Tom Burnham (Minor, Wilson) (Entered: 08/01/2011)

Aug. 1, 2011

Aug. 1, 2011

PACER
56

Unopposed MOTION for Extension of Time to File Answer re 1 Complaint,, MOTION for Extension of Time to File Response/Reply as to 5 MOTION to Certify Class by GEO Group, Inc., Dan Kern, Walter Tripp, Wesley Vinson, Walnut Grove Correctional Authority (Thaggard, Lee) (Entered: 08/01/2011)

Aug. 1, 2011

Aug. 1, 2011

PACER

Case Details

State / Territory: Mississippi

Case Type(s):

Juvenile Institution

Special Collection(s):

Post-PLRA enforceable consent decrees

Multi-LexSum (in sample)

Key Dates

Filing Date: Nov. 16, 2010

Closing Date: 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All present and future prisoners at the Walnut Grove Youth Correctional Facility, all male prisoners age 17 or younger in the custody of the Mississippi Department of Corrections, and all male prisoners age 18 or 19 who will be housed in the Youthful Offender Unit

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National Prison Project

Southern Poverty Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Walnut Grove Correctional Authority (Walnut Grove, Leake), City

Geo Group, Inc. (Boca Raton), Private Entity/Person

Health Assurance, L.L.C. (Jackson), Private Entity/Person

The State of Mississippi, State

The State of Mississippi, State

Defendant Type(s):

Jurisdiction-wide

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Indv. w/ Disab. Educ. Act (IDEA), Educ. of All Handcpd. Children Act , 20 U.S.C. § 1400

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

State law

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 532202.40

Order Duration: 2012 - 2017

Content of Injunction:

Develop anti-discrimination policy

Implement complaint/dispute resolution process

Monitor/Master

Recordkeeping

Monitoring

Issues

General:

Assault/abuse by residents/inmates/students

Assault/abuse by staff

Conditions of confinement

Confinement/isolation

Disciplinary segregation

Education

Excessive force

Failure to discipline

Failure to supervise

Failure to train

Grievance procedures

Juveniles

Parents (visitation, involvement)

Pepper/OC spray

Protective custody

Record-keeping

Records Disclosure

Restraints : chemical

Sexual abuse by residents/inmates

Sex w/ staff; sexual harassment by staff

Special education

Staff (number, training, qualifications, wages)

Strip search policy

Suicide prevention

Visiting

Affected Gender:

Male

Medical/Mental Health:

Dental care

Intellectual/Developmental Disability

Medical care, general

Mental health care, general

Suicide prevention

Untreated pain

Wound care

Type of Facility:

Non-government for-profit