Case: Disability Rights Mississippi v. Forrest County, Miss.

2:11-cv-00053 | U.S. District Court for the Southern District of Mississippi

Filed Date: March 27, 2011

Clearinghouse coding complete

Case Summary

On March 27, 2011, Disability Rights Mississippi (the Protection and Advocacy organization for Mississippi) filed suit against Forrest County in the United States District Court for the Southern District of Mississippi. Plaintiff, represented by counsel from the Southern Poverty Law Center in Jackson, brought action for alleged violations of three separate Protection and Advocacy acts: the Developmental Disabilities Assistance and Bill of Rights Act, the Individuals with Mental Illness Act, and…

On March 27, 2011, Disability Rights Mississippi (the Protection and Advocacy organization for Mississippi) filed suit against Forrest County in the United States District Court for the Southern District of Mississippi. Plaintiff, represented by counsel from the Southern Poverty Law Center in Jackson, brought action for alleged violations of three separate Protection and Advocacy acts: the Developmental Disabilities Assistance and Bill of Rights Act, the Individuals with Mental Illness Act, and the Individual Rights Program. The complaint alleged that the County did not allow plaintiff access to records and residents of a juvenile center, as Protection and Advocacy laws require. Plaintiff sought declaratory judgment, injunctive relief, and attorney fees.

On April 12, 2011, the parties agreed to set up a temporary plan to allow the plaintiff access to the defendant's facilities and records. The United States District Court for the Southern District of Mississippi (Hon. Keith Starrett) signed the agreement as a plan to be enforced until the parties reach a permanent plan. The temporary plan allowed plaintiff access to defendant's residents, records and facilities for investigations, as the law required, but limited access to prevent interference with defendant's programs. Later, a state youth court issued orders that were inconsistent with this temporary plan. On June 13, 2011, the Court issued an order staying all state court orders that were inconsistent with the temporary plan.

On March 31, 2015, upon report from the parties that all pending claims had been settled, the Court dismissed the case without prejudice, retaining jurisdiction to enforce the parties' settlement agreement.

Summary Authors

Maurice Youkanna (6/14/2014)

Tessa Bialek (12/8/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5003932/parties/disability-rights-mississippi-v-forrest-county-mississippi/


Judge(s)

Starrett, Keith (Mississippi)

Attorneys(s) for Plaintiff

Bedi, Sheila A. (Mississippi)

Cockrell, Corrie Wynette (Mississippi)

Juneja, Poonam (California)

McDuff, Robert B. (Mississippi)

Owens, Jody E. II (Mississippi)

White, Wendy Wilson (Mississippi)

Attorneys(s) for Defendant

Miller, David B. (Mississippi)

Expert/Monitor/Master

Dukes, James K. (Mississippi)

Judge(s)

Starrett, Keith (Mississippi)

Attorneys(s) for Plaintiff

Bedi, Sheila A. (Mississippi)

Cockrell, Corrie Wynette (Mississippi)

Juneja, Poonam (California)

McDuff, Robert B. (Mississippi)

Owens, Jody E. II (Mississippi)

White, Wendy Wilson (Mississippi)

Attorneys(s) for Defendant

Miller, David B. (Mississippi)

Expert/Monitor/Master

Dukes, James K. (Mississippi)

Documents in the Clearinghouse

Document

Docket

Aug. 5, 2011 Docket
1

Disability Rights Mississippi's Complaint for Injunctive and Declaratory Relief

Disability Rights Mississippi v. Forrest County, Mississippi

March 7, 2011 Complaint
11

Agreed Order

Disability Rights Mississippi v. Forrest County, Mississippi

April 12, 2011 Order/Opinion
15

Order

Disability Rights Mississippi v. Forrest County, Mississippi

June 13, 2011 Order/Opinion

Resources

Title Description External URL

Forrest County

Southern Poverty Law Center

The Forrest County Juvenile Detention Center in Mississippi was the site of numerous abuse allegations. Security camera footage from the facility showed youths being slammed into walls and beaten by … March 7, 2011 https://www.splcenter.org/seeking-justice/case-docket/disability-rights-mississippi-v-forrest-county-miss

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5003932/disability-rights-mississippi-v-forrest-county-mississippi/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against Forrest County, Mississippi ( Filing fee $ 350 receipt number 24643001101), filed by Disability Rights Mississippi. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A - News Articles/ Photos/Juvenile Facilities Monitoring Unit Letters, # 3 Exhibit B - Amended Cooperative Agreement for DRMS and MYJP, # 4 Exhibit C - Letters from SPLC, # 5 Exhibit D - Agreed Orders Filed in USDC Southern District of MS)(LDR) (Entered: 03/08/2011)

1 Civil Cover Sheet

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2 Exhibit A - News Articles/ Photos/Juvenile Facilities Monitoring Unit Letters

View on PACER

3 Exhibit B - Amended Cooperative Agreement for DRMS and MYJP

View on PACER

4 Exhibit C - Letters from SPLC

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5 Exhibit D - Agreed Orders Filed in USDC Southern District of MS

View on PACER

March 7, 2011 PACER
2

Summons Issued as to Forrest County, Mississippi. (LDR) (Entered: 03/08/2011)

March 7, 2011 PACER
3

MOTION for Preliminary Injunction by Disability Rights Mississippi (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Owens, Jody) (Entered: 03/08/2011)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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March 8, 2011 PACER
4

MEMORANDUM in Support re 3 MOTION for Preliminary Injunction filed by Disability Rights Mississippi (Owens, Jody) (Entered: 03/08/2011)

March 8, 2011 PACER

DOCKET ANNOTATION as to #3: Exhibits missing meaningful description. L.U.Civ.R. 7 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. (LDR)

March 9, 2011 PACER
5

ORDER setting dates certain re 3 MOTION for Preliminary Injunction filed by Disability Rights Mississippi. Respondent's response is due on or before March 22, 2011; the Movant's rebuttal, if any, is due on or before March 29, 2011. Signed by District Judge Keith Starrett on 3/14/11 (scp) (Entered: 03/14/2011)

March 14, 2011 PACER
6

ANSWER to 1 Complaint, for Injunctive and Declaratory Relief, CROSSCLAIM for Declaratory Judgment against Disability Rights Mississippi by Forrest County, Mississippi.(Dukes, James) (Entered: 03/22/2011)

March 22, 2011 PACER

TEXT ONLY ORDER Setting Conference Call and, additionally, setting an in-person Hearing on Injunctive and Declaratory Relief. At the request of counsel, a conference call in this matter is set for Thursday March 31, 2011 at 9:00 a.m. The call shall be initiated by the Court. Additionally, an in-person hearing in this matter is set for Tuesday, April 12, 2011 at 2:30 p.m., Colmer Federal Building, Courtroom 1, before U.S. District Judge Keith Starrett. NO FURTHER WRITTEN ORDER SHALL ISSUE FROM THE COURT. Signed by District Judge Keith Starrett on March 29, 2011 (dsl)

March 29, 2011 PACER
7

REPLY ANSWER to 6 Answer to Complaint, Crossclaim by Disability Rights Mississippi.(Owens, Jody) (Entered: 03/29/2011)

March 29, 2011 PACER

Minute Entry for proceedings held before District Judge Keith Starrett: Telephone Conference held on 3/31/2011. It was determined by the Court and counsel for the parties that an in person hearing previously set would need to be held. The hearing was previously scheduled to be heard on Tuesday, April 12, 2011, at 2:30. The time of the hearing has been changed to 1:00 p.m., however, the date remains set for April 12, 2011. A text order will be entered resetting same. PARTICIPANTS: Jody E. Owens, II on behalf of Plaintiff; James K. Dukes, Jr. and David Miller on behalf of Defendant. (dsl)

March 31, 2011 PACER

TEXT ONLY ORDER RESETTING TIME OF HEARING FOR INJUNCTIVE AND DECLARATORY RELIEF. The hearing previously set for Tuesday, April 12, 2011, at 2:30 p.m. has been reset for 1:00 p.m. Please note that only the time of the hearing has changed. The date of the hearing remains Tuesday, April 12, 2011. The hearing will be held at the Colmer Federal Courthouse, Courtroom 1, Hattiesburg, before District Judge Keith Starrett. NO FURTHER WRITTEN ORDER SHALL ISSUE FROM THE COURT. Signed by District Judge Keith Starrett on March 31, 2011 (dsl)

March 31, 2011 PACER
8

Subpoena Returned Executed as to Tony Best. (Owens, Jody) (Entered: 04/08/2011)

April 8, 2011 PACER
9

MOTION to Dismiss for Lack of Jurisdiction, MOTION to Dismiss for failure to state a claim by Disability Rights Mississippi (Owens, Jody) (Entered: 04/08/2011)

April 8, 2011 PACER
10

MEMORANDUM in Support re 9 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for failure to state a claim filed by Disability Rights Mississippi (Owens, Jody) (Entered: 04/08/2011)

April 8, 2011 PACER

DOCKET ANNOTATION as to #9, #10: Identification of filer is incomplete; filer's email address is missing. L.U.Civ.R. Rule 11.(a) states that all filed, signed documents must contain counsels name, address, telephone number, fax number, e-mail address and counsels bar membership identification number. Attorney is advised to comply with this requirement in future filings. (LDR)

April 11, 2011 PACER
11

AGREED ORDER. The Court retains jurisdiction for the enforcement of this order. A separate judgment shall be entered. Signed by District Judge Keith Starrett on April 12, 2011 (dsl) Modified on 4/12/2011 (dsl). (Entered: 04/12/2011)

April 12, 2011 PACER

DOCKET ANNOTATION as to #11. Docket entry modified to correct title of document from "Agreed Order of Dismissal" to "Agreed Order." (dsl)

April 12, 2011 PACER
12

**ERROR, DISREGARD THIS ENTRY** JUDGMENT, parties have settled the matters pending before this Court; the Court retains jurisdiction over this case for the enforcement of this Judgment. Case is finally closed. Signed by District Judge Keith Starrett on 4/12/11. (LDR) Modified on 4/13/2011 (LDR). (Entered: 04/13/2011)

April 13, 2011 PACER

TEXT ONLY ORDER SETTING ASIDE JUDGMENT entered on April 13, 2011. Said Judgment was entered through error and inadvertence and should be set aside and held for naught. The Clerk of Court is directed to reopen this case. NO FURTHER WRITTEN ORDER SHALL ISSUE FROM THE COURT. Signed by District Judge Keith Starrett on April 13, 2011 (dsl)

April 13, 2011 PACER
13

Emergency MOTION to Stay Case State Court Proceedings Pursuant to 28 U.S.C. 2283 by Disability Rights Mississippi (Attachments: # 1 Exhibit A Forrest County PD Order, # 2 Exhibit B Stone County PD Order, # 3 Exhibit C 2 Stone County PD Order, # 4 Exhibit D George County PD Order, # 5 Exhibit E Greene County PD Order)(Owens, Jody) (Entered: 06/03/2011)

1 Exhibit A Forrest County PD Order

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2 Exhibit B Stone County PD Order

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3 Exhibit C 2 Stone County PD Order

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4 Exhibit D George County PD Order

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5 Exhibit E Greene County PD Order

View on PACER

June 3, 2011 PACER
14

MEMORANDUM IN SUPPORT re 13 Emergency MOTION to Stay Case State Court Proceedings Pursuant to 28 U.S.C. 2283 filed by Disability Rights Mississippi (Owens, Jody) (Entered: 06/03/2011)

June 3, 2011 PACER

Minute Entry for proceedings held before District Judge Keith Starrett: Telephone Conference held on 6/6/2011 at the request of the Court. PARTICIPANTS: Jody E. Owens, II on behalf of the Plaintiffs; James K. Dukes, Jr. and David Miller on behalf of the Defendants. (dsl)

June 6, 2011 PACER

Minute Entry for proceedings held before District Judge Keith Starrett: Telephone Conference held on 6/9/2011 at the request of Plaintiff's counsel. After talking with the Court it was agreed that counsel for the parties would have another status conference with the Court on Monday, June 13th, if needed. PARTICIPANTS: Jody E. Owens, II on behalf of Plaintiffs; James K. Dukes, Jr. and David Miller on behalf of the Defendants. (dsl)

June 9, 2011 PACER
15

ORDER granting 13 Motion to Stay the enforcement of State Court orders that conflict with orders of this Court. Signed by District Judge Keith Starrett on 6/13/11 (scp) (Entered: 06/13/2011)

June 13, 2011 RECAP
16

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

July 28, 2011 PACER

TEXT ONLY ORDER granting 16 Motion to Withdraw as Attorney. Attorney Poonam Juneja terminated. No further written order will issue. Signed by Magistrate Judge Michael T. Parker on July 28, 2011 (KPM)

July 28, 2011 PACER
17

NOTICE of Appearance by Wendy Wilson White on behalf of Disability Rights Mississippi (White, Wendy) (Entered: 08/05/2011)

Aug. 5, 2011 PACER
18

MOTION to Substitute Attorney by Disability Rights Mississippi (Hardage, Frances) (Entered: 07/31/2014)

July 31, 2014 PACER

TEXT ONLY ORDER granting 18 Motion to Substitute Attorney. Attorney Wendy Wilson White terminated. No further written order will issue. Signed by Magistrate Judge Michael T. Parker on July 31, 2014 (KPM)

July 31, 2014 PACER
19

**ERROR, DISREGARD THIS ENTRY**NOTICE of Appearance by Joi L. Owens on behalf of Disability Rights Mississippi (Owens, Joi) Modified on 9/16/2014 (LDR). (Entered: 09/15/2014)

Sept. 15, 2014 PACER

DOCKET ANNOTATION as to 19 : Any PDF fillable on-line forms once completed should be electronically converted to PDF by printing to the PDF printer. Save the file with an appropriate name in a folder. E-file the electronically converted PDF form, not the form which was filled in and saved. Attorney is directed to correct the error by refiling the correct document. DOCKET ANNOTATION AS TO CERTIFICATE OF SERVICE: This document is not accompanied by a certificate of service. A certificate of service must be attached to a document [Administrative Procedures for Electronic Case Filing, Sec. 4.A.1, Sec. 4.B, and Fed.R.Civ.P. Rule 5(d)(1)]. (LDR)

Sept. 16, 2014 PACER
20

NOTICE of Appearance by Joi L. Owens on behalf of Disability Rights Mississippi (Owens, Joi) (Entered: 09/16/2014)

Sept. 16, 2014 PACER
21

JUDGMENT OF DISMISSAL, parties reached a compromise and settlement of all pending claims; case is dismissed without prejudice as to all parties. Signed by District Judge Keith Starrett on 3/31/2015 (LDR) (Entered: 03/31/2015)

March 31, 2015 RECAP
22

MOTION to Withdraw as Attorney by Disability Rights Mississippi (Owens, Jody) (Entered: 12/23/2019)

Dec. 23, 2019 PACER
23

NOTICE of Appearance by Paloma Wu on behalf of Disability Rights Mississippi (Wu, Paloma) (Entered: 12/23/2019)

Dec. 23, 2019 RECAP

Order on Motion to Withdraw as Attorney

Jan. 2, 2020 PACER

TEXT ONLY ORDER granting 22 Motion to Withdraw as Attorney. Attorney Jody E. Owens, II terminated. No further written order will issue. Signed by Magistrate Judge Michael T. Parker on January 2, 2020 (KPM)

Jan. 2, 2020 PACER

State / Territory: Mississippi

Case Type(s):

Juvenile Institution

Key Dates

Filing Date: March 27, 2011

Case Ongoing: Perhaps, but long-dormant

Plaintiffs

Plaintiff Description:

Nonprofit Protection & Advocacy organization for Mississippi; has a federal mandate to protect and advocate for the rights of disabled people in Mississippi.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Southern Poverty Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Forrest County (Forrest), County

Forrest County Juvenile Detention Center (Forrest), State

Defendant Type(s):

Corrections

Jurisdiction-wide

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.

Constitutional Clause(s):

Due Process

Cruel and Unusual Punishment

Availably 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

Order Duration: 2011 - None

Content of Injunction:

Monitoring

Preliminary relief granted

Required disclosure

Issues

General:

Access to public accommodations - governmental

Assault/abuse by staff

Bathing and hygiene

Conditions of confinement

Confinement/isolation

Disciplinary segregation

Excessive force

Juveniles

Records Disclosure

Restraints : physical

Sanitation / living conditions

Totality of conditions

Disability:

disability, unspecified

Mental impairment

Medical/Mental Health:

Mental health care, general

Mental health care, unspecified

Type of Facility:

Government-run