Case: Pro-Life Mississippi v. Horton

3:14-cv-00568 | U.S. District Court for the Southern District of Mississippi

Filed Date: July 23, 2014

Closed Date: June 27, 2019

Clearinghouse coding complete

Case Summary

On July 23, 2014, Pro-Life Mississippi filed this lawsuit in the U.S. District Court for the Southern District of Mississippi, against the City of Jackson, Mississippi, the Jackson Police Department, and various city officials (collectively, Jackson). The plaintiffs, represented by the Life Legal Defense Foundation and private counsel, sued the defendants under 42 U.S.C. § 1983 and Mississippi state law, alleging that Jackson intentionally deprived them of their First Amendment rights and viola…

On July 23, 2014, Pro-Life Mississippi filed this lawsuit in the U.S. District Court for the Southern District of Mississippi, against the City of Jackson, Mississippi, the Jackson Police Department, and various city officials (collectively, Jackson). The plaintiffs, represented by the Life Legal Defense Foundation and private counsel, sued the defendants under 42 U.S.C. § 1983 and Mississippi state law, alleging that Jackson intentionally deprived them of their First Amendment rights and violated the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment.

Pro-Life Mississippi is a pro-life nonprofit organization that frequently holds rallies in front of or near the Jackson Women's Health Organization (JWHO), an abortion clinic in Jackson. The complaint stated that the plaintiffs and Pro-Life Mississippi affiliates "regularly stand, walk, hold signs, hand out literature, sit, speak to passerby, and sidewalk counsel on the public sidewalks and public right of ways around and near the JWHO." Pro-Life Mississippi's activities outside of the JWHO have attracted the defendants' attention for years and have been the subject of previous litigation. In 2008, District Judge William H. Barbour, Jr. entered a consent decree against the City of Jackson and its officials because they "violat[ed] the free speech rights of Plaintiff Pro-Life Mississippi and individual pro-life advocates by discriminatory and unconstitutional enforcement of Mississippi statutes" stemming from the defendants' actions limiting the plaintiffs' activities on public property outside of the JWHO. For more details on the earlier case, see Britton v. Anderson.

The plaintiffs alleged that a little over a year after the 2008 consent decree was no longer judicially enforced the defendants resumed their activities violating pro-life individuals' First Amendment rights. The plaintiffs claimed that the defendants arrested their members who were on sidewalks, threatened arrest, and seized the plaintiffs' pro-life materials. Allegedly, the defendants justified this behavior by telling the plaintiffs that they were disturbing the peace, obstructing the sidewalks, and engaging in disorderly conduct. The plaintiffs contend that the defendants' activities were intentional and meant to "stifle and suppress" their First Amendment rights. The plaintiffs sought declaratory relief, a preliminary and permanent injunction, damages, and attorneys' fees.

On August 9, 2014, the plaintiffs filed a motion for a temporary restraining order and a motion for a preliminary injunction. These motions were denied by District Judge Carlton Reeves on October 27, 2014. This decision was appealed by the plaintiffs, but the Fifth Circuit affirmed the district court's judgment in a three-sentence opinion on January 26, 2016. 628 F. App'x 269.

Later in 2016, the trial court began active management of the case, scheduling both trial and settlement conferences for the parties. The parties quickly came to an agreement and on September 23, 2016, asked the court to approve the consent decree; the court approved the decree on October 4, 2016.

The consent decree stated that defendants could not intentionally engage in activities that violate individuals' First Amendment rights on public property. Additionally, the defendants were barred from seizing materials used to promote individuals' First Amendment rights unless all other ways short of seizure are first exhausted. The defendants also agreed to create a training program to educate city officials and law enforcement about protecting First Amendment rights. The charges against all of the plaintiffs were dropped and their property was returned. The defendants were also forced to pay the plaintiffs $2,500.00. The consent decree was enforceable by the court for one year after it was entered. After one year, the case will be "dismissed with prejudice and without prior notice to the parties."

However, more than two years following the date of the consent judgement, the case had not been dismissed. JWHO filed a motion to intervene on January 24, 2019 so it could file a motion to dismiss. It claimed that the decree had a chilling effect on the defendant's enforcement of constitutionally valid ordinances and laws. On June 27, 2019, Judge Reeves denied the motion to intervene. Specifically, the court found that a party cannot intervene to dissolve a consent decree that does not exist, noting that the consent expired on October 4, 2017. Given the court's clear statement that the consent decree no longer exists, the case is now presumably closed.

Summary Authors

Amelia Huckins (1/31/2017)

Edward Cullen (3/21/2019)

Hope Brinn (5/17/2020)

Related Cases

Britton v. Anderson, Southern District of Mississippi (2006)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4302332/parties/pro-life-mississippi-v-horton/


Judge(s)

Ball, F. Keith (Mississippi)

Attorney for Plaintiff

Aranda, Allison K. (California)

Attorney for Defendant

Abrams, Floyd (Mississippi)

Alkebu-lan, Imhotep (Mississippi)

Barker, Claire (Mississippi)

Expert/Monitor/Master/Other

Documents in the Clearinghouse

Documents in this case

3:14-cv-00568

Docket [PACER]

June 27, 2019

June 27, 2019

Docket
1

3:14-cv-00568

Complaint for Civil Rights Violations, Declaratory Judgment, Injunctive Relief, and Damages

July 23, 2014

July 23, 2014

Complaint
86

3:14-cv-00568

Consent Decree

Oct. 4, 2016

Oct. 4, 2016

Order/Opinion
95

3:14-cv-00568

Order

U.S. District Court for the Northern District of Mississippi

June 27, 2019

June 27, 2019

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4302332/pro-life-mississippi-v-horton/

Last updated Oct. 28, 2026, 11:38 a.m.

Docket for: Pro-Life Mississippi v. Horton
ECF Number Date Description Link
1 July 23, 2014

COMPLAINT for Civil Rights Violations, Declaratory Judgment, Injunctive Relief, and Damages against City of Jackson, Mississippi, Marie Hampton, Lindsay Horton, Mary James, James McGowan, Jesse Robinson, James Ross, Willis Thomas, and Unknown Officers 1 - 10 ( Filing fee $ 400 receipt number 34643028388), filed by Doug Lane, John Brekeen, Calvin Zastrow, Pro-Life Mississippi, Ronald Nederhoed, Dana Chisholm, Laura Duran, Berkeley Ostrander, and Ester Mann. (Attachments: # 1 Civil Cover Sheet)(ND) (Entered: 07/23/2014)

1 Civil Cover Sheet

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2 July 23, 2014

Summons Issued as to City of Jackson, Mississippi, Marie Hampton, Lindsay Horton, Mary James, James McGowan, Jesse Robinson, James Ross, and Willis Thomas. (ND) (Entered: 07/23/2014)

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3 Aug. 7, 2014

AFFIDAVIT of Service for Summons and Complaint served on Mayor Tony Yarber on July 24, 2014, filed by Pro-Life Mississippi. (Thornton, Steve) (Entered: 08/07/2014)

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4 Aug. 8, 2014

SUMMONS Returned Executed by Pro-Life Mississippi City of Jackson, Mississippi served on 7/24/2014, answer due 8/14/2014. (Thornton, Steve) (Entered: 08/08/2014)

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5 Aug. 8, 2014

Defendants City of Jackson, and individually named officers, James McGowan, James Ross and Willis Thomas' ANSWER to 1 Complaint,, by City of Jackson, Mississippi.(Barker - City Gov, Claire) (Entered: 08/08/2014)

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6 Aug. 9, 2014

MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction by Pro-Life Mississippi (Attachments: # 1 Exhibit Mann Declaration, # 2 Exhibit Brekeen Declaration, # 3 Exhibit McMillan Declaration, # 4 Exhibit Nederhoed Declaration, # 5 Exhibit Zastrow Declaration, # 6 Exhibit Aranda Declaration, # 7 Exhibit Thornton Declaration)(Thornton, Steve). (Entered: 08/09/2014)

1 Exhibit Mann Declaration

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2 Exhibit Brekeen Declaration

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3 Exhibit McMillan Declaration

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4 Exhibit Nederhoed Declaration

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5 Exhibit Zastrow Declaration

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6 Exhibit Aranda Declaration

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7 Exhibit Thornton Declaration

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7 Aug. 9, 2014

MOTION Judicial Notice re 6 MOTION for Preliminary Injunction by Pro-Life Mississippi (Attachments: # 1 Exhibit Consent Decree)(Thornton, Steve) (Entered: 08/09/2014)

1 Exhibit Consent Decree

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8 Aug. 9, 2014

MOTION Memorandum In Support re 6 MOTION for Preliminary Injunction by Pro-Life Mississippi (Thornton, Steve) (Entered: 08/09/2014)

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9 Aug. 11, 2014

MEMORANDUM IN SUPPORT re 6 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by Pro-Life Mississippi (Thornton, Steve) (Entered: 08/11/2014)

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10 Aug. 18, 2014

SUMMONS Returned Executed by Pro-Life Mississippi Marie Hampton served on 8/8/2014, answer due 8/29/2014. (Thornton, Steve) (Entered: 08/18/2014)

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11 Aug. 18, 2014

SUMMONS Returned Executed by Pro-Life Mississippi Lindsay Horton served on 8/13/2014, answer due 9/3/2014. (Thornton, Steve) (Entered: 08/18/2014)

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12 Aug. 18, 2014

SUMMONS Returned Executed by Pro-Life Mississippi Mary James served on 8/7/2014, answer due 8/28/2014. (Thornton, Steve) (Entered: 08/18/2014)

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13 Aug. 18, 2014

SUMMONS Returned Executed by Pro-Life Mississippi James McGowan served on 8/7/2014, answer due 8/28/2014. (Thornton, Steve) (Entered: 08/18/2014)

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14 Aug. 18, 2014

SUMMONS Returned Executed by Pro-Life Mississippi Jesse Robinson served on 8/8/2014, answer due 8/29/2014. (Thornton, Steve) (Entered: 08/18/2014)

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15 Aug. 18, 2014

SUMMONS Returned Executed by Pro-Life Mississippi James Ross served on 8/7/2014, answer due 8/28/2014. (Thornton, Steve) (Entered: 08/18/2014)

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16 Aug. 18, 2014

SUMMONS Returned Executed by Pro-Life Mississippi Willis Thomas served on 8/7/2014, answer due 8/28/2014. (Thornton, Steve) (Entered: 08/18/2014)

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17 Aug. 19, 2014

ANSWER to 1 Complaint,, by Marie Hampton, Lindsay Horton, Mary James.(Barker - City Gov, Claire) (Entered: 08/19/2014)

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18 Aug. 19, 2014

ANSWER to 1 Complaint,, by Jesse Robinson.(Barker - City Gov, Claire) (Entered: 08/19/2014)

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19 Aug. 25, 2014

First MOTION for Extension of Time to File Response/Reply as to 6 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order by City of Jackson, Mississippi (Barker - City Gov, Claire) (Entered: 08/25/2014)

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20 Aug. 29, 2014

Rule 16(a) Initial Order Telephonic Case Management Conference set for 10/16/2014 03:15 PM before Magistrate Judge F. Keith Ball. No later than seven (7) days prior to the TCMC, a confidential memorandum AND a proposed Case Management Order shall be submitted via e-mail to ball_chambers@mssd.uscourts.gov. The plaintiffs counsel shall set up the conference and contact the Court at 601-608-4460. (JEJ) (Entered: 08/29/2014)

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21 Aug. 29, 2014

RESPONSE in Opposition re 6 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by City of Jackson, Mississippi (Attachments: # 1 Exhibit A-Affidavit of James McGowan)(Barker - City Gov, Claire) (Entered: 08/29/2014)

1 Exhibit A-Affidavit of James McGowan

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22 Sept. 5, 2014

MOTION for Allison Arranda and Catherine Short to Appear Pro Hac Vice by Pro-Life Mississippi (Attachments: # 1 Exhibit Application of A Arranda, # 2 Exhibit Application of K Short)(Thornton, Steve) (Entered: 09/05/2014)

1 Exhibit Application of A Arranda

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2 Exhibit Application of K Short

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23 Sept. 9, 2014

Amended MOTION for Allison Arranda and Catherine Short to Appear Pro Hac Vice by Pro-Life Mississippi (Attachments: # 1 Exhibit Form 6 Pro Hac application, # 2 Exhibit Form 6 Pro Hac application)(Thornton, Steve) (Entered: 09/09/2014)

1 Exhibit Form 6 Pro Hac application

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2 Exhibit Form 6 Pro Hac application

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24 Sept. 12, 2014

Rebuttal re 6 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by Pro-Life Mississippi (Attachments: # 1 Affidavit Exhibit A, # 2 Exhibit Exhibit B)(Thornton, Steve) (Entered: 09/12/2014)

1 Affidavit Exhibit A

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2 Exhibit Exhibit B

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25 Sept. 28, 2014

NOTICE of Appearance by Lara E. Gill on behalf of All Defendants (Gill, Lara) (Entered: 09/28/2014)

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26 Oct. 3, 2014

NOTICE of Appearance by LaShundra B. Jackson-Winters on behalf of All Defendants (Jackson-Winters, LaShundra) (Entered: 10/03/2014)

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27 Oct. 9, 2014

Subpoena Returned Executed as to Nathan Glenn. (Gill, Lara) (Entered: 10/09/2014)

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28 Oct. 9, 2014

Subpoena Returned Executed as to Tim Glenn. (Gill, Lara) (Entered: 10/09/2014)

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29 Oct. 9, 2014

MOTION in Limine regarding criminal conviction by Pro-Life Mississippi (Thornton, Steve) (Entered: 10/09/2014)

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30 Oct. 9, 2014

NOTICE of Use of Prior Conviction of Felony regarding Witness Untruthfulness by City of Jackson, Mississippi (Gill, Lara) (Entered: 10/09/2014)

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31 Oct. 10, 2014

Amended MOTION in Limine regarding evidence of criminal conviction by Pro-Life Mississippi (Thornton, Steve) (Entered: 10/10/2014)

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32 Oct. 15, 2014

Subpoena Returned Executed as to Pieter Teeuwissen. (Gill, Lara) (Entered: 10/15/2014)

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34 Oct. 27, 2014

PLAINTIFFS Exhibit List (Exhibits Offered Into Evidenced during Motion Hearing for Preliminary Injunction and Motion for TRO) by John Brekeen, Dana Chisholm, Laura Duran, Doug Lane, Ester Mann, Ronald Nederhoed, Berkeley Ostrander, Pro-Life Mississippi and Calvin Zastrow. (Attachments: # 1 Exhibit P-25 Photo, # 2 Exhibit P-27 Photo, # 3 Exhibit P-31 Photo, # 4 Exhibit P-32 Photo, # 5 Exhibit P-33 Photo, # 6 Exhibit P-34 Photo, # 7 Exhibit P-41 Photo, # 8 Exhibit P-43 Photo, # 9 Exhibit P-29 Photo, # 10 Exhibit P-12 Photo, # 11 Exhibit P-46 Photo, # 12 Exhibit P-51 Video)(JS) (Entered: 10/27/2014)

1 Exhibit P-25 Photo

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2 Exhibit P-27 Photo

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3 Exhibit P-31 Photo

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4 Exhibit P-32 Photo

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5 Exhibit P-33 Photo

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6 Exhibit P-34 Photo

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7 Exhibit P-41 Photo

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8 Exhibit P-43 Photo

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9 Exhibit P-29 Photo

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10 Exhibit P-12 Photo

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11 Exhibit P-46 Photo

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12 Exhibit P-51 Video

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35 Oct. 27, 2014

PLAINTIFFS Exhibit List (Exhibits Offered for ID Only during Motion Hearing for Preliminary Injunction and Motion for TRO) by John Brekeen, Dana Chisholm, Laura Duran, Doug Lane, Ester Mann, Ronald Nederhoed, Berkeley Ostrander, Pro-Life Mississippi and Calvin Zastrow. (Attachments: # 1 Exhibit P-24 Photo, # 2 Exhibit P-15 Photo, # 3 Exhibit P-1 Photo, # 4 Exhibit P-2 Photo, # 5 Exhibit P-3 Photo)(JS) (Entered: 10/27/2014)

1 Exhibit P-24 Photo

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2 Exhibit P-15 Photo

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3 Exhibit P-1 Photo

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4 Exhibit P-2 Photo

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5 Exhibit P-3 Photo

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37 Oct. 27, 2014

DEFENDANTS Exhibit List (Exhibits Offered Into Evidenced during Motion Hearing for Preliminary Injunction and Motion for TRO) by City of Jackson, Mississippi, Marie Hampton, Lindsay Horton, Mary James, James McGowan, Jesse Robinson, James Ross, Willis Thomas AND Unknown Officers 1 - 10. (Attachments: # 1 Exhibit D-27 Photo, # 2 Exhibit D-30 Photo, # 3 Exhibit D-50 Photo, # 4 Exhibit D-49 Photo, # 5 Exhibit D-9 Photo, # 6 Exhibit D-5 Photo, # 7 Exhibit D-3 Photo, # 8 Exhibit D-51 Incident Report, # 9 Exhibit D-28 Photo, # 10 Exhibit D-19 Photo, # 11 Exhibit D-14 Photo, # 12 Exhibit D-52 Incident Report, # 13 Exhibit D-53 Video CD)(JS) (Entered: 10/27/2014)

1 Exhibit D-27 Photo

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2 Exhibit D-30 Photo

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3 Exhibit D-50 Photo

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4 Exhibit D-49 Photo

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5 Exhibit D-9 Photo

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6 Exhibit D-5 Photo

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7 Exhibit D-3 Photo

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8 Exhibit D-51 Incident Report

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9 Exhibit D-28 Photo

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10 Exhibit D-19 Photo

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11 Exhibit D-14 Photo

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12 Exhibit D-52 Incident Report

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13 Exhibit D-53 Video CD

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38 Oct. 27, 2014

DEFENDANTS Exhibit List (Exhibits Offered for ID Only during Motion Hearing for Preliminary Injunction and Motion for TRO) by City of Jackson, Mississippi, Marie Hampton, Lindsay Horton, Mary James, James McGowan, Jesse Robinson, James Ross, Willis Thomas and Unknown Officers 1 - 10. (Attachments: # 1 Exhibit D-1 Photo, # 2 Exhibit D-2 Photo, # 3 Exhibit D-22 Photo, # 4 Exhibit D-35 Photo)(JS) (Entered: 10/27/2014)

1 Exhibit D-1 Photo

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2 Exhibit D-2 Photo

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3 Exhibit D-22 Photo

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4 Exhibit D-35 Photo

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39 Nov. 3, 2014

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Ruling of the Court on Motion for TRO and Preliminary Injunction held on 10-27-2014 before Judge Carlton W. Reeves. Court Reporter Gina Morris, Telephone Number : 601-608-4187. NOTICE RE : REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no Notice is filed, the transcript will be made electronically available to the public without redaction after 90 calendar days. The policy is located on the court website at www.mssd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter or PACER. Redaction Request due 11/24/2014. Redacted Transcript Deadline set for 12/4/2014. Release of Transcript Restriction set for 2/2/2015. (GM) (Entered: 11/03/2014)

RECAP
40 Nov. 17, 2014

NOTICE of Service of Pre-Discovery Disclosure by John Brekeen, Dana Chisholm, Laura Duran, Doug Lane, Ester Mann, Ronald Nederhoed, Berkeley Ostrander, Pro-Life Mississippi, Calvin Zastrow (Aranda - PHV, Allison) (Entered: 11/17/2014)

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41 Nov. 17, 2014

NOTICE OF CONSTITUTIONAL QUESTION by John Brekeen, Dana Chisholm, Laura Duran, Doug Lane, Ester Mann, Ronald Nederhoed, Berkeley Ostrander, Pro-Life Mississippi, Calvin Zastrow (Aranda - PHV, Allison) (Entered: 11/17/2014)

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42 Nov. 18, 2014

CASE MANAGEMENT ORDER. Disclosure due by 11/28/2014; Motions for Amended Pleadings due by 12/19/2014; Motions for Joinder of Parties due by 12/19/2014; Designate Experts Plaintiff Deadline due by 12/23/2014; Designate Experts for Defendant Deadline due by 1/23/2015; Discovery due by 3/27/2015; Motions due by 4/17/2015; Pretrial Conference set for 5/22/2015, time to be determined,in Courtroom 5B (Jackson) Reeves before District Judge Carlton W. Reeves; Jury Trial set for a two-week term of court commencing 6/15/2015 09:00 AM in Courtroom 5B (Jackson) Reeves before District Judge Carlton W. Reeves; Settlement Conference set for 2/13/2015 09:00 AM before Magistrate Judge F. Keith Ball. Seven (7) days prior to the settlement conference, the parties shall submit via e-mail to ball_chambers@mssd.uscourts.gov an updated CONFIDENTIAL SETTLEMENT MEMORANDUM. All parties are required to be present at the conference unless excused by the Court. If a party believes the scheduled settlement conference would not be productive and should be cancelled, the party is directed to inform the Court via e-mail of the grounds for their belief at least seven (7) days prior to the conference. Signed by Magistrate Judge F. Keith Ball on 11/18/2014. (JEJ) (Entered: 11/18/2014)

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43 Nov. 24, 2014

MOTION to Withdraw as Attorney by City of Jackson, Mississippi (Gill, Lara) (Entered: 11/24/2014)

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44 Nov. 25, 2014

NOTICE OF APPEAL as to Order on Motion for Preliminary Injunction, Order on Motion for Miscellaneous Relief, Order on Motion for TRO,,, by John Brekeen, Dana Chisholm, Laura Duran, Doug Lane, Ester Mann, Ronald Nederhoed, Berkeley Ostrander, Pro-Life Mississippi, Calvin Zastrow. Filing fee $ 505, receipt number 0538-2828013. Appeal Record due by 12/10/2014 (Aranda - PHV, Allison) (Entered: 11/25/2014)

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45 Dec. 1, 2014

NOTICE of Service of Initial Disclosure by City of Jackson, Mississippi (Jackson-Winters, LaShundra) (Entered: 12/01/2014)

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46 Dec. 29, 2014

TRANSCRIPT REQUEST by John Brekeen, Dana Chisholm, Laura Duran, Doug Lane, Ester Mann, Ronald Nederhoed, Berkeley Ostrander, Pro-Life Mississippi, Calvin Zastrow for proceedings held on 10-6-14, 10-16-14, 10-17-14, and 10-27-14 before Judge Reeves. (ND) (Entered: 12/30/2014)

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47 Dec. 31, 2014

NOTICE OF FILING OF OFFICIAL TRANSCRIPT OF DESIGNATED PORTIONS FOR APPEAL for dates of 10/6/2014 before Judge Carlton W. Reeves, re 44 Notice of Appeal, Court Reporter/Transcriber Brenda Wolverton, Telephone Number : 601-608-4188. NOTICE RE : REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no Notice is filed, the transcript will be made electronically available to the public without redaction after 90 calendar days. The policy is located on the court website at www.mssd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/21/2015. Redacted Transcript Deadline set for 2/2/2015. Release of Transcript Restriction set for 3/31/2015. (BW) (Entered: 12/31/2014)

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48 Jan. 6, 2015

NOTICE OF FILING OF OFFICIAL TRANSCRIPT OF DESIGNATED PORTIONS FOR APPEAL for dates of 10/16/2014 before Judge Carlton W. Reeves, re 44 Notice of Appeal, Court Reporter Brenda Wolverton, Telephone Number : 601-608-4188. NOTICE RE : REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no Notice is filed, the transcript will be made electronically available to the public without redaction after 90 calendar days. The policy is located on the court website at www.mssd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/27/2015. Redacted Transcript Deadline set for 2/6/2015. Release of Transcript Restriction set for 4/6/2015. (BW) (Entered: 01/06/2015)

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49 Jan. 8, 2015

NOTICE OF FILING OF OFFICIAL TRANSCRIPT OF DESIGNATED PORTIONS FOR APPEAL for dates of 10/17/2014 before Judge Carlton W. Reeves, re 44 Notice of Appeal, Court Reporter Brenda Wolverton, Telephone Number : 601-608-4188. NOTICE RE : REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no Notice is filed, the transcript will be made electronically available to the public without redaction after 90 calendar days. The policy is located on the court website at www.mssd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/29/2015. Redacted Transcript Deadline set for 2/9/2015. Release of Transcript Restriction set for 4/8/2015. (BW) (Entered: 01/08/2015)

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50 Jan. 30, 2015

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Continued Testimony of James McGowan for dates of 10-17-2014 before Judge Carlton W. Reeves, re 44 Notice of Appeal, Court Reporter/Transcriber Gina Morris, Telephone Number : 601-608-4187. NOTICE RE : REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no Notice is filed, the transcript will be made electronically available to the public without redaction after 90 calendar days. The policy is located on the court website at www.mssd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/20/2015. Redacted Transcript Deadline set for 3/2/2015. Release of Transcript Restriction set for 4/30/2015. (GM) (Entered: 01/30/2015)

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51 Jan. 30, 2015

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Testimony of Nathan Glenn for dates of 10-17-2014 before Judge Carlton W. Reeves, re 44 Notice of Appeal, Court Reporter/Transcriber Gina Morris, Telephone Number : 601-608-4187. NOTICE RE : REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no Notice is filed, the transcript will be made electronically available to the public without redaction after 90 calendar days. The policy is located on the court website at www.mssd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/20/2015. Redacted Transcript Deadline set for 3/2/2015. Release of Transcript Restriction set for 4/30/2015. (GM) (Entered: 01/30/2015)

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52 Jan. 30, 2015

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Testimony of Doug Lane for dates of 10-27-2014 before Judge Carlton W. Reeves, re 44 Notice of Appeal, Court Reporter/Transcriber Gina Morris, Telephone Number : 601-608-4187. NOTICE RE : REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no Notice is filed, the transcript will be made electronically available to the public without redaction after 90 calendar days. The policy is located on the court website at www.mssd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/20/2015. Redacted Transcript Deadline set for 3/2/2015. Release of Transcript Restriction set for 4/30/2015. (GM) (Entered: 01/30/2015)

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53 Jan. 30, 2015

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Testimony of Allyse Villavaso for dates of 10-27-2014 before Judge Carlton W. Reeves, re 44 Notice of Appeal, Court Reporter/Transcriber Gina Morris, Telephone Number : 601-608-4187. NOTICE RE : REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no Notice is filed, the transcript will be made electronically available to the public without redaction after 90 calendar days. The policy is located on the court website at www.mssd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/20/2015. Redacted Transcript Deadline set for 3/2/2015. Release of Transcript Restriction set for 4/30/2015. (GM) (Entered: 01/30/2015)

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54 Jan. 30, 2015

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Renewed Motion to Dismiss for dates of 10-27 before Judge Carlton W. Reeves, re 44 Notice of Appeal, Court Reporter/Transcriber Gina Morris, Telephone Number : 601-608-4187. NOTICE RE : REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no Notice is filed, the transcript will be made electronically available to the public without redaction after 90 calendar days. The policy is located on the court website at www.mssd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/20/2015. Redacted Transcript Deadline set for 3/2/2015. Release of Transcript Restriction set for 4/30/2015. (GM) (Entered: 01/30/2015)

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55 Jan. 30, 2015

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Closing Arguments for dates of 10-27-2014 before Judge Carlton W. Reeves, re 44 Notice of Appeal, Court Reporter/Transcriber Gina Morris, Telephone Number : 601-608-4187. NOTICE RE : REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no Notice is filed, the transcript will be made electronically available to the public without redaction after 90 calendar days. The policy is located on the court website at www.mssd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/20/2015. Redacted Transcript Deadline set for 3/2/2015. Release of Transcript Restriction set for 4/30/2015. (GM) (Entered: 01/30/2015)

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56 Feb. 10, 2015

TRANSCRIPT REQUEST by City of Jackson, Mississippi for proceedings held on 10/6/2014; 10/16-17/2014; 10/27/2014 before Judge Carlton Reeves. (Barker - City Gov, Claire) (Entered: 02/10/2015)

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57 March 6, 2015

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of continuation of testimony of James McGowan for dates of 10-17-2014 before Judge Carlton W. Reeves, re 44 Notice of Appeal, Court Reporter/Transcriber Gina Morris, Telephone Number : 601-608-4187. NOTICE RE : REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no Notice is filed, the transcript will be made electronically available to the public without redaction after 90 calendar days. The policy is located on the court website at www.mssd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/27/2015. Redacted Transcript Deadline set for 4/6/2015. Release of Transcript Restriction set for 6/4/2015. (GM) (Entered: 03/06/2015)

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58 March 10, 2015

NOTICE OF FILING OF OFFICIAL TRANSCRIPT OF DEFENDANT DESIGNATED PORTIONS FOR APPEAL for dates of 10/6/2014 before Judge Carlton W. Reeves, re 44 Notice of Appeal, Court Reporter Brenda Wolverton, Telephone Number : 601-608-4188. NOTICE RE : REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no Notice is filed, the transcript will be made electronically available to the public without redaction after 90 calendar days. The policy is located on the court website at www.mssd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/31/2015. Redacted Transcript Deadline set for 4/10/2015. Release of Transcript Restriction set for 6/8/2015. (BW) (Entered: 03/10/2015)

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59 March 10, 2015

NOTICE OF FILING OF OFFICIAL TRANSCRIPT OF DEFENDANT DESIGNATED PORTIONS FOR APPEAL for dates of 10/16/2014 before Judge Carlton W. Reeves, re 44 Notice of Appeal, Court Reporter Brenda Wolverton, Telephone Number : 601-608-4188. NOTICE RE : REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no Notice is filed, the transcript will be made electronically available to the public without redaction after 90 calendar days. The policy is located on the court website at www.mssd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/31/2015. Redacted Transcript Deadline set for 4/10/2015. Release of Transcript Restriction set for 6/8/2015. (BW) (Entered: 03/10/2015)

RECAP
60 March 10, 2015

NOTICE OF FILING OF OFFICIAL TRANSCRIPT OF DEFENDANT DESIGNATED PORTIONS FOR APPEAL for dates of 10/17/2014 before Judge Carlton W. Reeves, re 44 Notice of Appeal, Court Reporter Brenda Wolverton, Telephone Number : 601-608-4188. NOTICE RE : REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no Notice is filed, the transcript will be made electronically available to the public without redaction after 90 calendar days. The policy is located on the court website at www.mssd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/31/2015. Redacted Transcript Deadline set for 4/10/2015. Release of Transcript Restriction set for 6/8/2015. (BW) (Entered: 03/10/2015)

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61 March 10, 2015

NOTICE OF FILING OF OFFICIAL TRANSCRIPT OF MOTION HEARING for dates of 10-17-2014 and 10-27-2104 before Judge Carlton W. Reeves, re 44 Notice of Appeal, Court Reporter/Transcriber Gina Morris, Telephone Number : 601-608-4187. NOTICE RE : REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no Notice is filed, the transcript will be made electronically available to the public without redaction after 90 calendar days. The policy is located on the court website at www.mssd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/31/2015. Redacted Transcript Deadline set for 4/10/2015. Release of Transcript Restriction set for 6/8/2015. (GM) (Entered: 03/10/2015)

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62 April 3, 2015

Supplemental Exhibit List - (2 CDs placed in the Exhibit Room) (ND) (Entered: 04/03/2015)

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63 Oct. 2, 2015

TEXT-ONLY ORDER DISMISSING WITHOUT PREJUDICE 31 Amended Motion in Limine. If necessary, Plaintiff may re-file if a new trial date is set after the Fifth Circuit renders a decision on the appeal before it. NO FURTHER WRITTEN ORDER SHALL BE ISSUED BY THE COURT. Signed by District Judge Carlton W. Reeves on 10/02/2015. (AN) (Entered: 10/02/2015)

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64 Jan. 26, 2016

Copy of Opinion - USCA Affirming the District Court's Denial of the Preliminary Injunction in re 44 Notice of Appeal. (Attachments: # 1 Envelope)(ND) (Entered: 01/26/2016)

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65 Jan. 26, 2016

CERTIFIED COPY OF USCA JUDGMENT/MANDATE Affirming the Judgment of the District Court as to 44 Notice of Appeal filed by Ester Mann, Berkeley Ostrander, John Brekeen, Pro-Life Mississippi, Laura Duran, Dana Chisholm, Ronald Nederhoed, Calvin Zastrow, Doug Lane. (Attachments: # 1 Envelope)(ND) (Entered: 01/26/2016)

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66 March 10, 2016

MOTION to Withdraw as Attorney of Record by City of Jackson, Mississippi (Barker - City Gov, Claire) (Entered: 03/10/2016)

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67 March 10, 2016

Amended MOTION to Withdraw as Attorney of Record by City of Jackson, Mississippi (Barker - City Gov, Claire) (Entered: 03/10/2016)

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68 May 2, 2016

NOTICE OF INTENT TO SERVE SUBPOENA by Pro-Life Mississippi (Thornton, Steve) (Entered: 05/02/2016)

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69 May 16, 2016

NOTICE of Service of Request for Admissions by Pro-Life Mississippi (Thornton, Steve) (Entered: 05/16/2016)

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70 May 26, 2016

NOTICE of Service of Interrogatories by Pro-Life Mississippi (Thornton, Steve) (Entered: 05/26/2016)

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71 June 8, 2016

NOTICE of Service of Request for Production by Pro-Life Mississippi (Thornton, Steve) (Entered: 06/08/2016)

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72 June 22, 2016

NOTICE of Service of Response to Request for Admissions by City of Jackson, Mississippi (Jackson-Winters - City Gov, LaShundra) (Entered: 06/22/2016)

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73 June 23, 2016

NOTICE of Service of Designation of Experts by City of Jackson, Mississippi (Jackson-Winters - City Gov, LaShundra) (Entered: 06/23/2016)

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74 June 23, 2016

NOTICE of Service of Designation of Experts by City of Jackson, Mississippi (Jackson-Winters - City Gov, LaShundra) (Entered: 06/23/2016)

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75 June 30, 2016

NOTICE of Service of Response to Interrogatories by City of Jackson, Mississippi (Jackson-Winters-City Gov, LaShundra) (Entered: 06/30/2016)

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76 July 11, 2016

NOTICE of Service of Discovery Response to Interrogatories by City of Jackson, Mississippi (Jackson-Winters-City Gov, LaShundra) (Entered: 07/11/2016)

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77 July 11, 2016

NOTICE of Service of Discovery Response to Request for Production by City of Jackson, Mississippi (Jackson-Winters-City Gov, LaShundra) (Entered: 07/11/2016)

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78 July 12, 2016

NOTICE of Service of Interrogatories by City of Jackson, Mississippi (Jackson-Winters-City Gov, LaShundra) (Entered: 07/12/2016)

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79 July 12, 2016

NOTICE of Service of Request for Production by City of Jackson, Mississippi (Jackson-Winters-City Gov, LaShundra) (Entered: 07/12/2016)

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80 July 15, 2016

NOTICE of Service of Request for Admissions by City of Jackson, Mississippi (Jackson-Winters-City Gov, LaShundra) (Entered: 07/15/2016)

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81 Aug. 1, 2016

NOTICE of Service of Response to Request for Admissions by Pro-Life Mississippi (Thornton, Steve) (Entered: 08/01/2016)

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82 Aug. 8, 2016

Joint MOTION to Extend Discovery and Motions Deadline by Pro-Life Mississippi (Thornton, Steve) (Entered: 08/08/2016)

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83 Aug. 9, 2016

ORDER denying without prejudice 82 Motion to Extend Deadline. Signed by Magistrate Judge F. Keith Ball on 8/9/2016. (JRB) (Entered: 08/09/2016)

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84 Aug. 15, 2016

Joint MOTION to Continue Trial and Extend Deadlines by Pro-Life Mississippi (Thornton, Steve) (Entered: 08/15/2016)

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85 Sept. 23, 2016

Joint MOTION to Approve Consent Judgment by Pro-Life Mississippi (Attachments: # 1 Supplement Consent Decree attached to Joint Motion for Consent Decree)(Thornton, Steve) (Entered: 09/23/2016)

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86 Oct. 4, 2016

CONSENT DECREE granting 85 Joint Motion to Approve Consent Judgment. Signed by District Judge Carlton W. Reeves on 10/4/2016 (ND) (Entered: 10/04/2016)

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87 Oct. 17, 2016

Partial Satisfaction of Judgment by City of Jackson, Mississippi (Jackson-Winters-City Gov, LaShundra) (Entered: 10/17/2016)

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88 Jan. 24, 2019

NOTICE of Appearance by Steven Mark Wann on behalf of All Women's Healthcare of Jackson, Inc. d/b/a Jackson Women's Health Organization (Wann, Steven) (Entered: 01/24/2019)

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89 Jan. 24, 2019

NOTICE of Appearance by Elliott V. Haller on behalf of All Women's Healthcare of Jackson, Inc. d/b/a Jackson Women's Health Organization (Haller, Elliott) (Entered: 01/24/2019)

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90 Jan. 24, 2019

MOTION to Intervene Under Rule 24(a)(2) and (b) of the Federal Rules of Civil Procedure by All Women's Healthcare of Jackson, Inc. d/b/a Jackson Women's Health Organization (Attachments: # 1 Exhibit A- Affidavit of Diane Derzis, # 2 Exhibit B-Affidavit of Shannon Brewer)(Haller, Elliott) (Entered: 01/24/2019)

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91 Jan. 24, 2019

MEMORANDUM in Support re 90 MOTION to Intervene Under Rule 24(a)(2) and (b) of the Federal Rules of Civil Procedure filed by All Women's Healthcare of Jackson, Inc. d/b/a Jackson Women's Health Organization (Haller, Elliott) (Entered: 01/24/2019)

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92 Feb. 7, 2019

Response in Opposition re 90 MOTION to Intervene Under Rule 24(a)(2) and (b) of the Federal Rules of Civil Procedure by All Women's Healthcare of Jackson, Inc. d/b/a Jackson Women's Health Organization (Attachments: # 1 Exhibit A- Affidavit of Diane Derzis, # 2 Exhibit B-Affidavit of Shannon Brewer)(Haller, Elliott) filed by Pro-Life Mississippi (Attachments: # 1 Exhibit 2014 article, # 2 Exhibit 2016 article)(Thornton, Steve) (Entered: 02/07/2019)

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93 Feb. 7, 2019

MOTION for Extension of Time to File Response/Reply as to 90 MOTION to Intervene Under Rule 24(a)(2) and (b) of the Federal Rules of Civil Procedure by City of Jackson, Mississippi (Jackson-Winters-City Gov, LaShundra) (Entered: 02/07/2019)

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94 Feb. 14, 2019

Rebuttal re 90 MOTION to Intervene Under Rule 24(a)(2) and (b) of the Federal Rules of Civil Procedure Rebuttal Memorandum in Support of Motion to Intervene filed by All Women's Healthcare of Jackson, Inc. d/b/a Jackson Women's Health Organization (Haller, Elliott) (Entered: 02/14/2019)

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95 June 27, 2019

ORDER denying 90 Motion to Intervene. Signed by District Judge Carlton W. Reeves on 6/27/2019. (DJ)

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96 June 27, 2019

CORRECTED ORDER denying 90 Motion to Intervene. Signed by District Judge Carlton W. Reeves on 6/27/2019. (DJ)

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Jan. 14, 2021

Notice of Disposal of Trial Exhibits

Feb. 1, 2021

Remark

Case Details

State / Territory:

Mississippi

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: July 23, 2014

Closing Date: June 27, 2019

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

A pro-life nonprofit group and its members.

Plaintiff Type(s):

Non-profit religious organization

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City

City of Jackson, Mississippi

City of Jackson, Mississippi

Defendant Type(s):

Law-enforcement

Facility Type(s):

Non-government non-profit

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Equal Protection

Freedom of speech/association

Other Dockets:

Southern District of Mississippi 3:14-cv-00568

U.S. Court of Appeals for the Fifth Circuit 14-60839

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Discrimination Prohibition

Monitoring

Preliminary relief denied

Provide antidiscrimination training

Training

Order Duration: 2016 - 2017

Issues

General/Misc.:

Loss or damage to property

Policing:

False arrest

Reproductive rights:

Abortion

Recommended Citation