Case: J.H. v. Hinds County

3:11-cv-00327 | U.S. District Court for the Southern District of Mississippi

Filed Date: June 1, 2011

Case Ongoing

Clearinghouse coding complete

Case Summary

This case concerns conditions at the Henley-Young Juvenile Justice Center (“Henley-Young”) in Jackson, Mississippi. On June 1, 2011, a child imprisoned at Henley-Young filed this class action in the U.S. District Court for the Southern District of Mississippi against Hinds County, Mississippi (“County”) under 42 U.S.C § 1983. The plaintiff, represented by attorneys from the Southern Poverty Law Center, alleged that the County's confinement policies and practices violated the Eighth and Fourteen…

This case concerns conditions at the Henley-Young Juvenile Justice Center (“Henley-Young”) in Jackson, Mississippi. On June 1, 2011, a child imprisoned at Henley-Young filed this class action in the U.S. District Court for the Southern District of Mississippi against Hinds County, Mississippi (“County”) under 42 U.S.C § 1983. The plaintiff, represented by attorneys from the Southern Poverty Law Center, alleged that the County's confinement policies and practices violated the Eighth and Fourteenth Amendments. Specifically, the plaintiff alleged excessive confinement in cells, inadequate mental health care, verbal abuse, and inadequate rehabilitation efforts. The plaintiff sought class certification, injunctive relief, declaratory relief, and damages. The case was assigned to District Judge Daniel P. Jordan, III and Magistrate Judge F. Keith Ball.

Within the same week of filing, the complaint was amended to include two plaintiffs (Disability Rights Mississippi and an additional child imprisoned at Henley-Young). The amended complaint included additional causes of action under the Protection and Advocacy for Individuals with Mental Illness Act of 1986, the Protection and Advocacy of Individual Rights Program, and the Developmental Disabilities Assistance and Bill of Rights Act (together, these are the “Protection and Advocacy statutes”). The amended complaint also alleged that the County violated the plaintiffs’ First and Fourteenth Amendment rights by preventing them from speaking with non-attorney representatives, thus denying them access to the courts. 

On July 25, 2011, Judge Jordan granted a preliminary injunction, making previous state court orders that limited Disability Rights Mississippi’s access to youth in Henley-Young unenforceable because of the Protection and Advocacy statutes mentioned above. The court ordered the parties to agree on and submit a draft for a preliminary injunction. The next month, the court signed an injunction giving Disability Rights Mississippi much greater access to Henley-Young and its residents.

The parties began settlement negotiations and reached an agreement in early 2012. On March 28, 2012, the court approved the settlement agreement and certified a settlement class of "all children who are currently, or who will in the future be, confined at the Henley-Young Juvenile Justice Center." In accordance with the Prison Litigation Reform Act (“PLRA”), the agreement would terminate at the end of two years unless the court made written findings that relief remained necessary to correct a current and ongoing violation. The consent decree required Henley-Young to change its intake procedures to include health screening and provide greater access to medication; to improve staffing and lower crowding; to allow youth more time out of their cells and provide educational and rehabilitative programming; to make punishment/discipline less severe; to provide for better hygiene, food, and clothing; to allow more visitation with family and implement policies preventing verbal abuse by staff and suicide by youth; and to allow for continued access to the center by the plaintiffs. In light of the consent decree, the court dismissed the case with prejudice on March 28, 2012.

The monitor issued several status reports from 2012 to 2014. In February of 2014, the plaintiffs moved to extend the agreement and require the County to pay attorneys' fees. On April 25, 2014, the court extended the agreement, finding that the County had not substantially complied with its provisions. Judge Jordan also found that because the agreement was a consent decree, and not a private agreement between the parties, the court could hold the County in contempt and require it to pay attorneys' fees. The court held the County in contempt, but did not require it to pay fees on that date. The County was given until March 28, 2016, to comply.

In August 2014, the court's monitor issued a status report recognizing significant but partial progress in compliance with the terms of the consent decree. Status reports were issued through the rest of 2014, 2015, and the first part of 2016. On January 27, 2016, the monitor noted continued compliance with the agreement and that it was the first time that Henley-Young had "adequate and stable leadership."

On March 25, 2016, Judge Jordan extended the consent decree to March 28, 2018, at the request of both parties. On April 15, 2016, the Hinds County Youth Court, led by Judge William Skinner, filed a motion to intervene, arguing that the settlement agreement's provision allowing Henley-Young to release juveniles without the Hinds County Youth Court’s authority violated Mississippi law. Judge Skinner also filed a related lawsuit in state court. The parties then jointly moved for an injunction enjoining any state court action, arguing that the consent decree was no broader than needed to effectuate federal law. On May 25, 2016, Judge Jordan issued an agreed order maintaining the status quo and enjoining the state court proceeding until a ruling on the merits was issued.

On June 27, 2016, Hinds County Youth Court agreed to withdraw as intervenor. The parties also amended the original consent decree to delete a provision restricting stays at the facility to 21 days and allocating funding from the Youth Court budget for mental health services at Henley-Young. The parties agreed that the Hinds County Youth Court would have jurisdiction over releases after the 21-day period at the facility and only allow detention beyond the 21-day period if no other facilities were available and the child was referred for health services.

As evidenced by the tenth and eleventh monitoring reports, the County made meaningful progress during 2017. However, the County had still not met all of the required objectives by the end of the extended two-year decree, so Judge Jordan granted a joint motion to extend the consent decree on March 30, 2018. Disability Rights Mississippi also filed a motion to extend the consent decree on October 31, 2018, in anticipation of unremediated issues.

At a settlement conference on March 19, 2019, the Court found that the thirteenth monitoring report included recommendations straying beyond the core objective of the remedy, such as hiring a full-time PhD-level clinical psychologist. The parties thereafter met to revise and issue a third amended consent decree, which removed some objectives determined to be nonessential. The Court approved the third amended consent decree and extended the enforcement period until March 28, 2021.

On April 2, 2021, the court again extended the enforcement period of the third amended consent decree until March 28, 2023. Judge Jordan acknowledged the County’s progress in complying with the consent decree, but held that more time was needed to reach complete compliance.

Citing unsatisfactory compliance, on March 18, 2022, the plaintiffs asked the court to order the County to show cause why it should not be held in contempt of the third amended consent decree. On the same day, the County moved to modify or terminate the extended third amended consent decree, arguing that ongoing violations of federal law at Henley-Young no longer existed.

Under the PLRA (18 U.S.C. § 3626(e)), a motion to modify or terminate a consent decree becomes an automatic stay 30 days after the motion is filed, until the court enters a final ruling. Recognizing that the County’s motion to modify or terminate the consent decree would trigger an automatic stay, the plaintiffs moved for clarification or a status conference on April 6, 2022. They later filed an urgent and necessitous motion to postpone the stay, on April 21, 2022.

On April 26, 2022, the court granted the plaintiffs’ motion for a status conference but denied the motion to postpone the stay. Judge Jordan ruled that the plaintiffs should have asked to postpone the stay before it had begun because once the stay automatically goes into effect under 18 U.S.C. § 3626(e), the court cannot postpone it. The court held that the County did not have to let the monitor into the Henley-Young facility, as long as the stay continued.

The court held several status conferences in the second half of 2022, after which the plaintiffs agreed to terminating the consent decree. On October 13, 2022, Judge Jordan granted the County’s motion to terminate the consent decree without prejudice to any future claims by Henley-Young detainees. The court did not officially close the case, but no docket activity occurred between the consent decree’s termination in October 2022 and November 21, 2023.

Summary Authors

Maurice Youkanna (6/12/2014)

Craig Streit (10/30/2016)

Erica Becker (3/14/2019)

Justin Hill (10/30/2019)

Michelle Wolk (3/15/2022)

Sophia Acker (11/21/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5009989/parties/jh-v-hinds-county-mississippi/


Judge(s)

Ball, F. Keith (Mississippi)

Attorney for Plaintiff

Anderson, Victoria McCaa (Mississippi)

Bamzai, Vidhi (Mississippi)

Bardwell, William B. (Mississippi)

Attorney for Defendant

Anderson, Garrett Alan (Mississippi)

Expert/Monitor/Master/Other

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Documents in the Clearinghouse

Document

Docket

U.S. v. Catahoula Parish, School Board

U.S. District Court for the Western District of Louisiana

Feb. 10, 1969

Feb. 10, 1969

Docket

3:11-cv-00327

Docket

May 26, 2021

May 26, 2021

Docket
1

3:11-cv-00327

Complaint for Injunctive and Declaratory Relief

J.H. v. Hinds County, Mississippi

June 1, 2011

June 1, 2011

Complaint
6

3:11-cv-00327

Amended Complaint for Injunctive and Declaratory Relief

J.H. v. Hinds

June 6, 2011

June 6, 2011

Complaint
20

3:11-cv-00327

Order

J.H. v. Hinds County, Mississippi

July 25, 2011

July 25, 2011

Order/Opinion

2011 WL 2011

24

3:11-cv-00327

Preliminary Injunction Order

J.H. v. Hinds County, Mississippi

Sept. 12, 2011

Sept. 12, 2011

Order/Opinion
34

3:11-cv-00327

Judgment

J.H. v. Hinds County, Mississippi

March 28, 2012

March 28, 2012

Order/Opinion
32

3:11-cv-00327

Agreed Order Granting Approval of Settlement and Certifying a Certifying a Settlement Class

J.H. v. Hinds

March 28, 2012

March 28, 2012

Order/Opinion
33

3:11-cv-00327

Settlement Agreement

J.H. v. Hinds County, Mississippi

May 27, 2012

May 27, 2012

Settlement Agreement
35

3:11-cv-00327

First Monitor's Report

Aug. 15, 2012

Aug. 15, 2012

Monitor/Expert/Receiver Report

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5009989/jh-v-hinds-county-mississippi/

Last updated May 5, 2024, 3:11 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Hinds County, Mississippi (Filing fee $ 350.00 receipt number 34643010067), filed by J.H.. (Attachments: # 1 Civil Cover Sheet)(SEC) (Entered: 06/01/2011)

1 Civil Cover Sheet

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June 1, 2011

June 1, 2011

Clearinghouse
2

Summons Issued as to Hinds County, Mississippi. (SEC) (Entered: 06/01/2011)

June 1, 2011

June 1, 2011

PACER
3

MOTION to Certify Class by J.H. (Cockrell, Corrie) (Entered: 06/01/2011)

June 1, 2011

June 1, 2011

PACER
4

MEMORANDUM in Support re 3 MOTION to Certify Class filed by J.H. (Attachments: # 1 Exhibit Bedi Declaration, # 2 Exhibit Gray Declaration)(Cockrell, Corrie) (Entered: 06/01/2011)

1 Exhibit Bedi Declaration

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2 Exhibit Gray Declaration

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June 1, 2011

June 1, 2011

PACER
5

SUMMONS Returned Executed by J.H. Hinds County, Mississippi served on 6/1/2011, answer due 6/22/2011. (Juneja, Poonam) (Entered: 06/01/2011)

June 1, 2011

June 1, 2011

PACER

Docket Annotation

June 2, 2011

June 2, 2011

PACER

DOCKET ANNOTATION as to #4: L.U.Civ.R.7(b)(2) requires that all supporting exhibits to a document be denominated by an exhibit letter or number and a meaningful description. Attorney is advised to follow this rule in future filings. (SEC)

June 2, 2011

June 2, 2011

PACER
6

AMENDED COMPLAINT against Hinds County, Mississippi, filed by J.H.. (Attachments: # 1 Exhibit A -DRMS agreements, # 2 Exhibit B - MOU, # 3 Exhibit C - email re denial of access, # 4 Exhibit D- email re denial of access to retained clients, # 5 Exhibit E - 2009 memo, # 6 Exhibit F - 2011 memo)(Cockrell, Corrie) (Entered: 06/06/2011)

1 Exhibit A -DRMS agreements

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2 Exhibit B - MOU

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3 Exhibit C - email re denial of access

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4 Exhibit D- email re denial of access to retained clients

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5 Exhibit E - 2009 memo

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6 Exhibit F - 2011 memo

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June 6, 2011

June 6, 2011

Clearinghouse
7

MOTION for Preliminary Injunction by J.H. (Attachments: # 1 Exhibit A - DRMS agreements, # 2 Exhibit B - memos, # 3 Exhibit C - access orders)(Cockrell, Corrie) (Entered: 06/06/2011)

1 Exhibit A - DRMS agreements

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2 Exhibit B - memos

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3 Exhibit C - access orders

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June 6, 2011

June 6, 2011

PACER
8

MEMORANDUM in Support re 7 MOTION for Preliminary Injunction filed by J.H. (Attachments: # 1 Exhibit A - access Haco, # 2 Exhibit B - access Laco, # 3 Exhibit C - Forrest, # 4 Exhibit D - MOU BOS, # 5 Exhibit E - Jed decla, # 6 Exhibit F - memo of cooperation, # 7 Exhibit G - Dana email)(Cockrell, Corrie) (Entered: 06/07/2011)

1 Exhibit A - access Haco

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2 Exhibit B - access Laco

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3 Exhibit C - Forrest

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4 Exhibit D - MOU BOS

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5 Exhibit E - Jed decla

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6 Exhibit F - memo of cooperation

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7 Exhibit G - Dana email

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June 6, 2011

June 6, 2011

PACER
9

NOTICE of Appearance by Lisa Mishune Ross on behalf of Hinds County, Mississippi (Ross, Lisa) (Entered: 06/08/2011)

June 8, 2011

June 8, 2011

PACER

Set Motion and R&R Deadlines/Hearings

June 14, 2011

June 14, 2011

PACER

Set/Reset Deadlines as to 7 MOTION for Preliminary Injunction. Motion Hearing set for June 17, 2011 at 3:00 PM in Courtroom 5A (Jackson) before District Judge Daniel P. Jordan III. Please note that this hearing will be held at the new Jackson Federal Courthouse, 501 East Court Street, Courtroom 5A East, Jackson, Mississippi. (SP)

June 14, 2011

June 14, 2011

PACER
10

Subpoena Returned executed as to Tony Best. (Cockrell, Corrie) (Entered: 06/16/2011)

June 16, 2011

June 16, 2011

PACER

Motion Hearing

June 17, 2011

June 17, 2011

PACER

Minute Entry for proceedings held before District Judge Daniel P. Jordan III: Motion Hearing held on June 17, 2011 re 7 MOTION for Preliminary Injunction filed by J.H. The parties have until June 24, 2011 to submit their briefs to the Court regarding the issues discussed in Court. Court Reporter Cherie Bond (601) 608-4186. (SP)

June 17, 2011

June 17, 2011

PACER
11

Response in Support re 7 MOTION for Preliminary Injunction by J.H. (Attachments: # 1 Exhibit A - DRMS agreements, # 2 Exhibit B - memos, # 3 Exhibit C - access orders)(Cockrell, Corrie) filed by Disability Rights Mississippi (Attachments: # 1 Exhibit Exhibit A Transcript of PI Hearing, # 2 Exhibit Exhibit B Mental Health Report, # 3 Exhibit Exhibit C HY June 2 Roster, # 4 Exhibit Exhibit D HY June 23 and 24 Roster, # 5 Exhibit Exhibit E E-mail exchange between L. Ross and J. Owens, # 6 Exhibit Exhibit F Monitoring Reports)(Cockrell, Corrie) (Entered: 06/24/2011)

1 Exhibit Exhibit A Transcript of PI Hearing

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2 Exhibit Exhibit B Mental Health Report

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3 Exhibit Exhibit C HY June 2 Roster

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4 Exhibit Exhibit D HY June 23 and 24 Roster

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5 Exhibit Exhibit E E-mail exchange between L. Ross and J. Owens

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6 Exhibit Exhibit F Monitoring Reports

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June 24, 2011

June 24, 2011

PACER
12

RESPONSE in Opposition re 7 MOTION for Preliminary Injunction filed by Hinds County, Mississippi (Attachments: # 1 Exhibit A-Memorandum of Understanding, # 2 Exhibit B-Agreed Order, # 3 Exhibit C-Agreed Order, # 4 Exhibit D-Agreed Order, # 5 Exhibit E-Draft copy of Agreed Order, # 6 Exhibit F-E-mail between undersigned and counsel for DRMS)(Ross, Lisa) (Entered: 06/24/2011)

1 Exhibit A-Memorandum of Understanding

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2 Exhibit B-Agreed Order

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3 Exhibit C-Agreed Order

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4 Exhibit D-Agreed Order

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5 Exhibit E-Draft copy of Agreed Order

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6 Exhibit F-E-mail between undersigned and counsel for DRMS

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June 24, 2011

June 24, 2011

PACER
13

REPLY to Response to Motion re 12 Response in Opposition to Motion, filed by Disability Rights Mississippi (Attachments: # 1 Exhibit Exhibit A - Harrison County Agreed Order, # 2 Exhibit Exhibit B - Lauderdale County Agreed Order, # 3 Exhibit Exhibit C - M. Gillum Declaration, # 4 Exhibit Exhibit D - E. Johnson Declaration, # 5 Exhibit Exhibit E - Forrest County Agreed Order)(Cockrell, Corrie) (Entered: 06/28/2011)

1 Exhibit Exhibit A - Harrison County Agreed Order

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2 Exhibit Exhibit B - Lauderdale County Agreed Order

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3 Exhibit Exhibit C - M. Gillum Declaration

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4 Exhibit Exhibit D - E. Johnson Declaration

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5 Exhibit Exhibit E - Forrest County Agreed Order

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June 28, 2011

June 28, 2011

PACER
14

ANSWER to 6 Amended Complaint, by Hinds County, Mississippi.(Ross, Lisa) (Entered: 06/29/2011)

June 29, 2011

June 29, 2011

PACER
15

NOTICE of Appearance by Vanessa Judith Carroll on behalf of All Plaintiffs (Carroll, Vanessa) (Entered: 06/30/2011)

June 30, 2011

June 30, 2011

PACER
16

Emergency MOTION for Declaratory Judgment by Hinds County, Mississippi (Ross, Lisa) (Entered: 07/08/2011)

July 8, 2011

July 8, 2011

PACER

Docket Annotation

July 8, 2011

July 8, 2011

PACER

DOCKET ANNOTATION as to #16: Exhibits and document filed together as one document: Exhibits should be scanned separately and docketed as properly identified attachments to the main document within the same docket entry. Attorney is directed to refile this document. (SEC) ).

July 8, 2011

July 8, 2011

PACER
17

Emergency MOTION for Declaratory Judgment by Hinds County, Mississippi (Attachments: # 1 Exhibit A- Judge William Skinner's Order Regarding Access dated July 1, 2011, # 2 Exhibit B-Judge Keith Starrett's Order dated June 13, 2011 Judg, # 3 Exhibit C-Orders Regarding Access)(Ross, Lisa) (Entered: 07/08/2011)

1 Exhibit A- Judge William Skinner's Order Regarding Access dated July 1, 20

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2 Exhibit B-Judge Keith Starrett's Order dated June 13, 2011 Judg

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3 Exhibit C-Orders Regarding Access

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July 8, 2011

July 8, 2011

PACER
18

RESPONSE to Motion re 17 Emergency MOTION for Declaratory Judgment filed by Disability Rights Mississippi, J.H. (Cockrell, Corrie) (Entered: 07/15/2011)

July 15, 2011

July 15, 2011

PACER
19

NOTICE of Filing Declarations by Disability Rights Mississippi, J.H. re 13 Reply to Response to Motion, (Attachments: # 1 Exhibit Exhibit A Declaration of Oppenheim, # 2 Exhibit Exhibit B Declaration of Jaber, # 3 Exhibit Exhibit C Declaration of Gillum, # 4 Exhibit Exhibit D Redacted HY visit list)(Cockrell, Corrie) (Entered: 07/15/2011)

1 Exhibit Exhibit A Declaration of Oppenheim

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2 Exhibit Exhibit B Declaration of Jaber

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3 Exhibit Exhibit C Declaration of Gillum

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4 Exhibit Exhibit D Redacted HY visit list

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July 15, 2011

July 15, 2011

PACER

Set/Reset Hearings

July 20, 2011

July 20, 2011

PACER

Set/Reset Hearings: Telephonic Status Conference set for July 21, 2011 at 8:30 AM before District Judge Daniel P. Jordan III. (SP)

July 20, 2011

July 20, 2011

PACER

Status Conference

July 21, 2011

July 21, 2011

PACER

Minute Entry for proceedings held before District Judge Daniel P. Jordan III: Telephonic Status Conference held on July 21, 2011. (SP)

July 21, 2011

July 21, 2011

PACER
20

ORDER granting 7 Motion for Preliminary Injunction; granting 17 Motion for Declaratory Judgment as set out in the order. The parties are instructed to draft a preliminary injunction order consistent with this Order. If the parties cannot agree, then they should submit a proposed order that identifies areas of agreement and impasse. Defendant is hereby enjoined from complying with all state court orders that interfere with, contradict, or conflict with this Order and are hereby enjoined from enforcement of same. Such orders include, but are not limited to, the Youth Court Order. Signed by District Judge Daniel P. Jordan III on July 25, 2011. (SP) (Entered: 07/25/2011)

July 25, 2011

July 25, 2011

Clearinghouse
21

Rule 16(a) Initial Order Telephonic Case Management Conference set for 8/22/2011 02:00 PM before Magistrate Judge F. Keith Ball. (JEJ) (Entered: 07/26/2011)

July 26, 2011

July 26, 2011

PACER
22

MOTION to Withdraw as Attorney by Disability Rights Mississippi, J.H. (Juneja, Poonam) (Entered: 07/28/2011)

July 28, 2011

July 28, 2011

PACER
23

ORDER granting 22 Motion to Withdraw as Attorney. Attorney Poonam Juneja terminated Signed by Magistrate Judge F. Keith Ball on 8/8/11 (dfk) (Entered: 08/08/2011)

Aug. 8, 2011

Aug. 8, 2011

PACER

Telephonic Case Management Conference

Aug. 23, 2011

Aug. 23, 2011

PACER

Minute Entry for proceedings held before Magistrate Judge F. Keith Ball: Telephonic Case Management Conference held on 8/23/2011. (JEJ)

Aug. 23, 2011

Aug. 23, 2011

PACER

Order

Aug. 24, 2011

Aug. 24, 2011

PACER

TEXT ONLY ORDER. This case came before the undersigned for a telephonic case management conference (TCMC) on 8/23/2011. Appearing for the TCMC were: Jody E. Owens, II, counsel for plaintiffs, and Lisa M. Ross, counsel for defendant. During the TCMC, counsel agreed that an early settlement conference before the undersigned would be beneficial to the parties. Counsel are instructed to contact the undersigned's chambers at 601-608-4460 and schedule a settlement conference through Courtroom Deputy Jackie Jones. If this case cannot be resolved at the settlement conference, a case management order (CMO) will be entered at that time. NO FURTHER WRITTEN ORDER SHALL ISSUE FROM THE COURT. Signed by Magistrate Judge F. Keith Ball on 8/24/11 (JEJ)

Aug. 24, 2011

Aug. 24, 2011

PACER

Set/Reset Hearings

Aug. 26, 2011

Aug. 26, 2011

PACER

Set/Reset Hearings: Telephonic Status Conference set for August 30, 2011 at 10:00 AM before District Judge Daniel P. Jordan III. (SP)

Aug. 26, 2011

Aug. 26, 2011

PACER

Set/Reset Hearings

Aug. 29, 2011

Aug. 29, 2011

PACER

Set/Reset Hearings: Telephonic Status Conference set for 9/1/2011 10:00 AM before District Judge Daniel P. Jordan III. (EH)

Aug. 29, 2011

Aug. 29, 2011

PACER

Status Conference

Sept. 1, 2011

Sept. 1, 2011

PACER

Minute Entry for proceedings held before District Judge Daniel P. Jordan III: Telephonic Status Conference held on September 1, 2011. The parties are to submit an agreed order or supporting documentation on their position no later than Friday, September 9, 2011. (SP)

Sept. 1, 2011

Sept. 1, 2011

PACER

Set/Reset Hearings

Sept. 2, 2011

Sept. 2, 2011

PACER

Set Hearing: Settlement Conference set for 10/31/2011 09:00 AM before Magistrate Judge F. Keith Ball. (JEJ)

Sept. 2, 2011

Sept. 2, 2011

PACER

Set/Reset Hearings

Sept. 8, 2011

Sept. 8, 2011

PACER

Reset Hearing: Settlement Conference RESET for 9/27/2011 02:00 PM before Magistrate Judge F. Keith Ball. (JEJ)

Sept. 8, 2011

Sept. 8, 2011

PACER
24

PRELIMINARY INJUNCTION ORDER: Having heard the testimony and documentary evidence offered by the parties with respect to Plaintiff Disability Rights Mississippi's Motion for Preliminary Injunction 7, and the Motion for Declaratory Judgment 17 filed by Defendant Hinds County, Mississippi, the Court finds that both Motions should be granted. Signed by District Judge Daniel P. Jordan III on September 12, 2011.(SP) (Entered: 09/12/2011)

Sept. 12, 2011

Sept. 12, 2011

Clearinghouse

Settlement Conference

Sept. 27, 2011

Sept. 27, 2011

PACER

Minute Entry for proceedings held before Magistrate Judge F. Keith Ball: Settlement Conference held on 9/27/2011. This case did not settle. (JEJ)

Sept. 27, 2011

Sept. 27, 2011

PACER

Set/Reset Hearings

Sept. 29, 2011

Sept. 29, 2011

PACER

Set Hearing: Telephonic Status Conference set for 10/4/2011 01:00 PM before Magistrate Judge F. Keith Ball. (JEJ)

Sept. 29, 2011

Sept. 29, 2011

PACER
25

CASE MANAGEMENT ORDER. Disclosure due by 10/7/2011; Motions for Amended Pleadings due by 10/27/2011; Motions for Joinder of Parties due by 10/27/2011; Designate Experts Plaintiff Deadline due by 1/18/2012; Designate Experts for Defendant Deadline due by 2/17/2012; Discovery due by 4/17/2012; Motions due by 5/1/2012; EARLY FILING OF MOTIONS 1/9/12; EARLY Settlement Conference set for 11/7/2011 01:30 PM before Magistrate Judge F. Keith Ball; Pretrial Conference set for 9/7/2012, time to be determined, in Courtroom 5A (Jackson) Jordan before District Judge Daniel P. Jordan III; Bench Trial set for a two-week term of Court beginning 10/1/2012 09:00 AM in Courtroom 5A (Jackson) Jordan before District Judge Daniel P. Jordan III; ADDITIONAL Settlement Conference set for 4/4/2012 09:00 AM before Magistrate Judge F. Keith Ball. Signed by Magistrate Judge F. Keith Ball on 9/29/11. (JEJ) (Entered: 09/29/2011)

Sept. 29, 2011

Sept. 29, 2011

PACER

Status Conference

Oct. 4, 2011

Oct. 4, 2011

PACER

Minute Entry for proceedings held before Magistrate Judge F. Keith Ball: Telephonic Status Conference held on 10/4/2011. (JEJ)

Oct. 4, 2011

Oct. 4, 2011

PACER

Set/Reset Hearings

Oct. 5, 2011

Oct. 5, 2011

PACER

Set/Reset Hearings: EARLY Settlement Conference set for 10/17/2011 09:00 AM before Magistrate Judge F. Keith Ball; ADDITIONAL Settlement Conference set for 11/7/2011 01:30 PM before Magistrate Judge F. Keith Ball; ADDITIONAL Settlement Conference set for 4/4/2012 09:00 AM before Magistrate Judge F. Keith Ball. (JEJ)

Oct. 5, 2011

Oct. 5, 2011

PACER
26

NOTICE of Service of Disclosure by Disability Rights Mississippi, J.H. (Cockrell, Corrie) (Entered: 10/07/2011)

Oct. 7, 2011

Oct. 7, 2011

PACER

Settlement Conference

Oct. 17, 2011

Oct. 17, 2011

PACER

Minute Entry for proceedings held before Magistrate Judge F. Keith Ball: Settlement Conference held on 10/17/2011. This case did not settle. (JEJ)

Oct. 17, 2011

Oct. 17, 2011

PACER

Order

Oct. 18, 2011

Oct. 18, 2011

PACER

TEXT ONLY ORDER. This case came before the undersigned for a settlement conference on 10/17/2011. Counsel are instructed to confer and attempt to reach agreements on the following: (1) final terms of a consent decree; (2) the selection of an independent monitor; (3) an arrangement for payment of the independent monitor; and (4) attorneys' fees. This matter is set for a telephonic STATUS CONFERENCE on October 31, 2011, at 10:00 a.m. at which time the parties shall advise the undersigned of the status of reaching agreements on the above-listed items. Further, the undersigned instructs that, if the parties intend to enter a consent decree, it shall be finalized and entered by November 16, 2011. NO FURTHER WRITTEN ORDER SHALL ISSUE FROM THE COURT. Signed by Magistrate Judge F. Keith Ball on 10/18/11. (JEJ)

Oct. 18, 2011

Oct. 18, 2011

PACER

Set/Reset Hearings

Oct. 18, 2011

Oct. 18, 2011

PACER

Set Hearing: Telephonic Status Conference set for 10/31/2011 10:00 AM before Magistrate Judge F. Keith Ball. (JEJ)

Oct. 18, 2011

Oct. 18, 2011

PACER

Set/Reset Hearings

Oct. 31, 2011

Oct. 31, 2011

PACER

Set/Reset Hearing: Telephonic Status Conference RESET for 11/1/2011 09:00 AM before Magistrate Judge F. Keith Ball. (JEJ)

Oct. 31, 2011

Oct. 31, 2011

PACER

Status Conference

Nov. 1, 2011

Nov. 1, 2011

PACER

Minute Entry for proceedings held before Magistrate Judge F. Keith Ball: Telephonic Status Conference held on 11/1/2011. (JEJ)

Nov. 1, 2011

Nov. 1, 2011

PACER

Set/Reset Hearings

Nov. 1, 2011

Nov. 1, 2011

PACER

Set/Reset Hearing: Telephonic Status Conference set for 11/4/2011 08:00 AM before Magistrate Judge F. Keith Ball. Plaintiff's counsel shall initiate the call. (JEJ)

Nov. 1, 2011

Nov. 1, 2011

PACER

Status Conference

Nov. 4, 2011

Nov. 4, 2011

PACER

Minute Entry for proceedings held before Magistrate Judge F. Keith Ball: Status Conference held on 11/4/2011. (JEJ)

Nov. 4, 2011

Nov. 4, 2011

PACER

Order

Nov. 4, 2011

Nov. 4, 2011

PACER

TEXT-ONLY ORDER. This case came before the undersigned for a status conference on 11/4/2011. After conferring with counsel, the Court orders the following: Defendant shall submit to Plaintiffs' counsel its proposed revisions to the proposed settlement agreement by 11/9/2011. No later than 11/17/2011, counsel shall meet in person and confer in an attempt to reach final terms of a settlement agreement. This matter is set for a telephonic STATUS CONFERENCE on 11/18/2011, at 8:00 a.m. If a settlement has not been reached by 11/18/2011, this case will be set for a settlement conference. NO FURTHER WRITTEN ORDER SHALL ISSUE FROM THE COURT. Signed by Magistrate Judge F. Keith Ball on 11/4/11. (JEJ)

Nov. 4, 2011

Nov. 4, 2011

PACER

Set/Reset Hearings

Nov. 4, 2011

Nov. 4, 2011

PACER

Set/Reset Hearing: Telephonic Status Conference set for 11/18/2011 08:00 AM before Magistrate Judge F. Keith Ball. (JEJ)

Nov. 4, 2011

Nov. 4, 2011

PACER

Notice (Other)

Nov. 4, 2011

Nov. 4, 2011

PACER

NOTICE OF CANCELLATION of settlement conference set for November 7, 2011. (JEJ)

Nov. 4, 2011

Nov. 4, 2011

PACER

Status Conference

Nov. 18, 2011

Nov. 18, 2011

PACER

Minute Entry for proceedings held before Magistrate Judge F. Keith Ball: Telephonic Status Conference held on 11/18/2011. (JEJ)

Nov. 18, 2011

Nov. 18, 2011

PACER

Set/Reset Hearings

Nov. 21, 2011

Nov. 21, 2011

PACER

Set/Reset Hearing: Telephonic Status Conference set for 12/9/2011 08:30 AM before Magistrate Judge F. Keith Ball. Plaintiff's counsel shall initiate the call. (JEJ)

Nov. 21, 2011

Nov. 21, 2011

PACER

Status Conference

Dec. 9, 2011

Dec. 9, 2011

PACER

Minute Entry for proceedings held before Magistrate Judge F. Keith Ball: Telephonic Status Conference held on 12/9/2011. (JEJ)

Dec. 9, 2011

Dec. 9, 2011

PACER

Set/Reset Hearings

Dec. 9, 2011

Dec. 9, 2011

PACER

Set/Reset Hearings: Settlement Conference set for 12/20/2011 09:00 AM before Magistrate Judge F. Keith Ball. (JEJ)

Dec. 9, 2011

Dec. 9, 2011

PACER

Settlement Conference

Dec. 20, 2011

Dec. 20, 2011

PACER

Minute Entry for proceedings held before Magistrate Judge F. Keith Ball: Settlement Conference held on 12/20/2011. (JEJ)

Dec. 20, 2011

Dec. 20, 2011

PACER
27

MOTION for Settlement for Preleminary Approval of Proposed Agreement To Set A Date For A Fairness Hearing and to Certify a Settlement Class by Disability Rights Mississippi, J.H. (Attachments: # 1 Exhibit "A" Settlement Agreement, # 2 Exhibit "B" Notice to Future Class Members, # 3 Exhibit "C" Proposed Order Granting Preliminary Approval of Proposed Agreement, Setting Date for Fairness Hearing and Certifying A Settlement Class)(Cockrell, Corrie) (Entered: 01/20/2012)

1 Exhibit "A" Settlement Agreement

View on PACER

2 Exhibit "B" Notice to Future Class Members

View on PACER

3 Exhibit "C" Proposed Order Granting Preliminary Approval of Proposed A

View on PACER

Jan. 20, 2012

Jan. 20, 2012

PACER

Set Motion and R&R Deadlines/Hearings

Jan. 30, 2012

Jan. 30, 2012

PACER

Set/Reset Deadlines as to 27 MOTION for Settlement for Preleminary Approval of Proposed Agreement To Set A Date For A Fairness Hearing and to Certify a Settlement Class. Motion Fairness Hearing set for February 29, 2012 at 1:30 PM in Courtroom 5A (Jackson) Jordan before District Judge Daniel P. Jordan III. (SP)

Jan. 30, 2012

Jan. 30, 2012

PACER

Motion Hearing

Feb. 29, 2012

Feb. 29, 2012

PACER

Minute Entry for proceedings held before District Judge Daniel P. Jordan III: Motion Hearing held on February 29, 2012 re 27 MOTION for Settlement for Preleminary Approval of Proposed Agreement To Set A Date For A Fairness Hearing and to Certify a Settlement Class. The parties are to submit a preliminary order to the Court. A final hearing will be held on March 23, 2012 at 1:30 pm. Court Reporter Cherie Bond (601) 608-4186. (SP)

Feb. 29, 2012

Feb. 29, 2012

PACER
28

EXHIBIT LIST by Disability Rights Mississippi, J.H.(SP) (Entered: 02/29/2012)

Feb. 29, 2012

Feb. 29, 2012

PACER
29

EXHIBIT P1 by Disability Rights Mississippi, J.H. (SP) (Entered: 02/29/2012)

Feb. 29, 2012

Feb. 29, 2012

PACER
30

EXHIBIT P2 by Disability Rights Mississippi, J.H. (SP) (Entered: 02/29/2012)

Feb. 29, 2012

Feb. 29, 2012

PACER
31

ORDER granting 27 Motion for Settlement for the reasons set out in the order. The Court will hold a fairness hearing on March 23, 2012 at 1:30 p.m. If the judge decides that the proposed Settlement Agreement is fair, adequate, and reasonable to the class, the proposed Settlement Agreement will become final. Class certification is granted for settlement purposes only. The settlement class shall be comprised of all children who are currently, or who will in the future, be confined at the Henley-Young Juvenile Justice Center. Signed by District Judge Daniel P. Jordan III on March 5, 2012. (SP) (Entered: 03/05/2012)

March 5, 2012

March 5, 2012

PACER

Set/Reset Hearings

March 20, 2012

March 20, 2012

PACER

Case Details

State / Territory: Mississippi

Case Type(s):

Juvenile Institution

Disability Rights

Jail Conditions

Special Collection(s):

Post-PLRA enforceable consent decrees

Multi-LexSum (in sample)

Key Dates

Filing Date: June 1, 2011

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Children who are currently, or who will in the future, be confined at the Henley-Young Juvenile Justice Center, and Disability Rights Mississippi

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Attorney Organizations:

Southern Poverty Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Hinds County (Jackson, Hinds), County

Defendant Type(s):

Jurisdiction-wide

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Developmental Disabilities Assistance and Bill of Rights Act, 42 U.S.C. § 15001 et seq.

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

Protection and Advocacy of Individual Rights (PAIR), 29 U.S.C. § 794e

Constitutional Clause(s):

Due Process

Freedom of speech/association

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Preliminary relief granted

Reporting

Monitor/Master

Recordkeeping

Monitoring

Required disclosure

Training

Order Duration: 2012 - 2023

Issues

General/Misc.:

Access to lawyers or judicial system

Conditions of confinement

Juveniles

Neglect by staff

Parents (visitation, involvement)

Rehabilitation

Staff (number, training, qualifications, wages)

Suicide prevention

Totality of conditions

Disability and Disability Rights:

Intellectual/developmental disability, unspecified

Mental Illness, Unspecified

Mental impairment

Jails, Prisons, Detention Centers, and Other Institutions:

Assault/abuse by non-staff (facilities)

Assault/abuse by staff (facilities)

Confinement/isolation

Disciplinary segregation

Visiting

Medical/Mental Health Care:

Mental health care, general

Mental health care, unspecified

Suicide prevention