Case: Britton v. Anderson

3:06-cv-00374 | U.S. District Court for the Southern District of Mississippi

Filed Date: July 11, 2006

Closed Date: March 14, 2009

Clearinghouse coding complete

Case Summary

A pro-life organization and its members filed this lawsuit in the U.S. District Court for the Southern District of Mississippi on July 11, 2006. The plaintiffs alleged that police officers from the City of Jackson (City) had infringed on their free speech rights and threatened false arrest in violation of their First and Fourteenth Amendment rights. The plaintiffs contended these actions were illegal under 42 U.S.C. § 1983 and various Mississippi state laws. The plaintiffs argued that the City …

A pro-life organization and its members filed this lawsuit in the U.S. District Court for the Southern District of Mississippi on July 11, 2006. The plaintiffs alleged that police officers from the City of Jackson (City) had infringed on their free speech rights and threatened false arrest in violation of their First and Fourteenth Amendment rights. The plaintiffs contended these actions were illegal under 42 U.S.C. § 1983 and various Mississippi state laws.

The plaintiffs argued that the City restricted their free speech at rallies hosted by the plaintiffs outside the Jackson Women's Health Organization, an abortion clinic. At this rally, the plaintiffs claimed they expressed their views about abortion and "offer[ed] literature and sidewalk counseling" outside of the clinic. The City allegedly came to a 2005 rally and told participants they were violating a noise ordinance and needed a permit for their activities. In February 2006, another rally was held. This time, rally participants were allegedly threatened with arrest. Some of the pro-life supporters were arrested. In other protests outside of the clinic, the plaintiffs' private property was seized and never returned.

The plaintiffs filed a motion for a temporary restraining order to prohibit the City from infringing on the plaintiffs' First and Fourteenth Amendment rights on July 17, 2006. District Judge William H. Barbour, Jr., denied that order on July 20, 2006. Subsequently, the plaintiffs filed a motion for reconsideration, which was denied by Judge Barbour on July 21, 2006. Two of the defendants, City police officers, filed motions to dismiss on July 31, 2006, claiming that they were entitled to qualified immunity. The case was stayed pending the motions to dismiss. On November 6, 2006, Judge Barbour denied both defendants' motions to dismiss, but allowed the plaintiffs to file an amended complaint clarifying the allegations against one of the defendants. If the plaintiffs failed to file an amended complaint clarifying these allegations, the case would have been dismissed against that particular defendant. An amended complaint was filed on November 22, 2006 and, as a result, the case was not dismissed based on qualified immunity.

Five status/settlement conferences were held on May 11, 2007, June 26, 2007, July 9, 2007, September 13, 2007, and February 15, 2008. An additional status conference scheduled for March 2008 was cancelled because the parties reached a settlement agreement.

Judge Barbour approved a consent decree on March 14, 2008. The consent decree stated that the City was not to engage in any practice that would violate any person's First Amendment rights on sidewalks and rights of way. The City also agreed to enforce all laws, ordinances, and statutes in an even-handed manner and could not threaten to use its noise ordinance unless decibel measuring machines were used. Additionally, the City had to amend its special events ordinance and its sign ordinance. The City was barred from seizing expressive materials from people exercising their First Amendment rights unless all other means were first exhausted. First Amendment training was required for all law enforcement officers in the City. Finally, the City was obligated to pay $15,000 in damages to various plaintiffs and return all fines/expunge all of their criminal records stemming from the events outside the Jackson Women's Health Organization.

The parties were to resolve any disputes on their own and, if those conversations proved futile, were to submit issues to the court for resolution. The court retained jurisdiction of the consent decree through March 2009.

The case is now closed.

Summary Authors

Amelia Huckins (2/21/2017)

Related Cases

Pro-Life Mississippi v. Horton, Southern District of Mississippi (2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4735829/parties/britton-v-anderson/


Judge(s)

Barbour, William Henry Jr. (Mississippi)

Attorneys(s) for Plaintiff

Crampton, Stephen M (Virginia)

DePrimo, Michael J (Mississippi)

Attorneys(s) for Defendant

Gordon, Marvell M. (Mississippi)

Teeuwissen, Pieter (Mississippi)

Judge(s)

Barbour, William Henry Jr. (Mississippi)

Attorneys(s) for Plaintiff

Crampton, Stephen M (Virginia)

DePrimo, Michael J (Mississippi)

Attorneys(s) for Defendant

Gordon, Marvell M. (Mississippi)

Teeuwissen, Pieter (Mississippi)

Documents in the Clearinghouse

Document

Docket [PACER]

March 9, 2017 Docket
1

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

July 11, 2006 Complaint
23

Order and Opinion Denying

Nov. 8, 2006 Order/Opinion
24

First Amended Complaint

Nov. 22, 2006 Complaint
7-1

Consent Decree

March 14, 2008 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4735829/britton-v-anderson/

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

ECF Number Description Date Link
1

COMPLAINT against all defendants ( Filing fee $ 350 receipt number JO14020) , filed by Carmen Vasquez, et al. (Attachments: # 1 Civil Cover Sheet)(Lowery, R.) (Entered: 07/12/2006)

July 11, 2006
12

OPINION AND ORDER denying Plaintiff's 4 Motion for Reconsideration . Signed by Judge William H. Barbour Jr. on 7/21/06. (Nelson, Ann)

July 21, 2006 RECAP
23

OPINION AND ORDER denying Jerry Brister's 17 Motion to Dismiss and denying Shirlene Anderson's 18 Motion to Dismiss. The stay previously entered in this case is hereby lifted. Plaintiffs shall file an amended complaint on or before Nov ember 22, 2006. In the event an amended complaint is not filed, the claims against Shirlene Anderson, in her individual capacity, will be dismissed on the basis of qualified immunity, upon motion filed by defendant, without further briefing on the issue. Signed by Judge William H. Barbour Jr. on 11-8-06. (Lewis, Nijah)

Nov. 8, 2006 RECAP

Summons Issued as to Shirlene Anderson, Rosemary Harper, Jerry Brister. (Lowery, R.) (Entered: 07/12/2006)

July 11, 2006
2

MOTION for Temporary Restraining Order by Carmen Vasquez, Pro−Life Mississippi, Tanya Britton, Joseph Carson, Marilyn Carroll. (Attachments: # 1 Exhibit)(THR, ) (Entered: 07/17/2006)

July 17, 2006
3

MEMORANDUM in Support re 2 MOTION for Temporary Restraining Order filed by Carmen Vasquez, Pro−Life Mississippi, Tanya Britton, Joseph Carson, Marilyn Carroll. (THR, ) (Entered: 07/17/2006)

July 17, 2006

Minute Entry for proceedings held before Judge William H. Barbour Jr.: Motion Hearing held on 7/18/2006 re 2 MOTION for Temporary Restraining Order filed by Pro−Life Mississippi,, Tanya Britton,, Joseph Carson,, Marilyn Carroll,, Carmen Vasquez,− Motion for Preliminary Injunction was denied (Court Reporter Cheri Bond 540−5482.) (Nelson, Ann) (Entered: 07/19/2006)

July 18, 2006
4

MOTION for Reconsideration re 2 MOTION for Temporary Restraining Order by Carmen Vasquez, Pro−Life Mississippi, Tanya Britton, Joseph Carson, Marilyn Carroll. (Crampton, Stephen) (Entered: 07/19/2006)

July 19, 2006
5

Defendant's Exhibit List by Shirlene Anderson, Rosemary Harper, Jerry Brister.(THR, ) (Entered: 07/20/2006)

July 19, 2006
6

Plaintiff's Exhibit List by Carmen Vasquez, Pro−Life Mississippi, Tanya Britton, Joseph Carson, Marilyn Carroll.(THR, ) (Entered: 07/20/2006)

July 19, 2006
7

EXHIBITS P−A, P−B, P−C, P−D, D−1, D−2 by Carmen Vasquez, Pro−Life Mississippi, Shirlene Anderson, Rosemary Harper, Jerry Brister, Tanya Britton, Joseph Carson, Marilyn Carroll. (exhibits in 1 envelope)(THR, ) (Entered: 07/20/2006)

July 19, 2006

TEXT ORDER ONLY denying Plaintiffs' 2 Motion for Temporary Restraining Order. The Motion is denied in accordance with THE stenographically recorded motion hearing before the undersigned which occurred on July 18, 2006. NO FURTHER WRITTEN ORDER SHALL FOLLOW. Signed by Judge William H. Barbour Jr. on 07−20−06. (Turner, Tom) (Entered: 07/20/2006)

July 20, 2006
8

RESPONSE to Motion re 2 MOTION for Temporary Restraining Order filed by City of Jackson. (Teeuwissen, Pieter) (Entered: 07/20/2006)

July 20, 2006
9

AFFIDAVIT by Jerry Brister. (Teeuwissen, Pieter) (Entered: 07/20/2006)

July 20, 2006
10

RESPONSE to Motion re 4 MOTION for Reconsideration re 2 MOTION for Temporary Restraining Order filed by City of Jackson. (Teeuwissen, Pieter) (Entered: 07/20/2006)

July 20, 2006
11

REPLY to Response to Motion re 4 MOTION for Reconsideration re 2 MOTION for Temporary Restraining Order, 10 Response to Motion filed by Carmen Vasquez, Pro−Life Mississippi, Tanya Britton, Joseph Carson, Marilyn Carroll. (Crampton, Stephen) (Entered: 07/21/2006)

July 21, 2006
13

NOTICE of Appearance by Pieter Teeuwissen on behalf of City of Jackson (Teeuwissen, Pieter) (Entered: 07/21/2006)

July 21, 2006
15

ANSWER to Complaint by City of Jackson.(Gordon, Marvell) (Entered: 07/31/2006)

July 31, 2006
16

ANSWER to Complaint by Rosemary Harper.(Gordon, Marvell) (Entered: 07/31/2006)

July 31, 2006
17

MOTION to Dismiss by Jerry Brister. (Gordon, Marvell) (Entered: 07/31/2006)

July 31, 2006
18

MOTION to Dismiss by Shirlene Anderson. (Gordon, Marvell) (Entered: 07/31/2006)

July 31, 2006
19

ORDER STAYING CASE pending a ruling on the immunity defense motions of Jerry Brister and Shirlene Anderson. Signed by Judge James C. Sumner on August 2, 2006. (wg, ) (Entered: 08/02/2006)

Aug. 2, 2006

DOCKET ANNOTATION as to #19. Signed copy of document now attached. (wg, ) (Entered: 08/03/2006)

Aug. 3, 2006
20

Response in Opposition re 17 MOTION to Dismiss by Jerry Brister. (Gordon, Marvell), 18 MOTION to Dismiss by Shirlene Anderson. (Gordon, Marvell) filed by Carmen Vasquez, Pro−Life Mississippi, Tanya Britton, Joseph Carson, Marilyn Carroll. (Crampton, Stephen) (Entered: 08/28/2006)

Aug. 28, 2006
21

Rebuttal re 20 Response in Opposition, to Defendants' Motion to Dismiss Based on Immunity filed by Jerry Brister. (Teeuwissen, Pieter) (Entered: 08/28/2006)

Aug. 28, 2006
22

Rebuttal re 20 Response in Opposition, to Defendants' Motion to Dismiss Based on Immunity filed by Shirlene Anderson. (Teeuwissen, Pieter) (Entered: 08/28/2006)

Aug. 28, 2006
24

AMENDED COMPLAINT First Amended Complaint against all defendants, filed by Pro−Life Mississippi, Tanya Britton, Joseph Carson.(Crampton, Stephen) (Entered: 11/22/2006)

Nov. 22, 2006

Summons Issued as to Jessie Robinson, Pieter Teeuwissen, Shirlene Anderson, Rosemary Harper, Jerry Brister. (lbt) (Entered: 12/05/2006)

Dec. 5, 2006
25

ORDER REASSIGNING CASE. Case reassigned to Judge Linda R. Anderson for all further proceedings. Judge James C. Sumner no longer assigned to case. Signed by Judge Henry T. Wingate on 12/7/06. (cwl, Deputy Clerk) (Entered: 12/14/2006)

Dec. 8, 2006
26

MOTION for Extension of Time to File Answer re 24 Amended Complaint by City of Jackson. (Teeuwissen, Pieter) (Entered: 12/27/2006)

Dec. 27, 2006

TEXT ONLY ORDER granting 26 Motion for Extension of Time to Answer City of Jackson answer due 1/3/2007. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Judge Linda R. Anderson on December 29, 2006. (TKR) (Entered: 12/29/2006)

Dec. 29, 2006
27

City of Jackson Defendants' ANSWER to Amended Complaint by City of Jackson.(Teeuwissen, Pieter) (Entered: 01/03/2007)

Jan. 3, 2007
28

ANSWER to Amended Complaint by Shirlene Anderson.(Teeuwissen, Pieter) (Entered: 01/04/2007)

Jan. 4, 2007
29

SUMMONS Returned Executed by Plaintiffs as to Jessie Robinson served on 12/11/2006, answer due 12/31/2006; Shirlene Anderson served on 12/11/2006, answer due 12/31/2006; Rosemary Harper served on 12/11/2006, answer due 12/31/2006; Jerry Brister served on 12/11/2006, answer due 12/31/2006. (Lowery,

Jan. 9, 2007
31

SUMMONS Returned Executed by Carmen Vasquez, Pro−Life Mississippi, Tanya Britton, Joseph Carson, Marilyn Carroll, as to Pieter Teeuwissen served on 2/12/2007, answer due 3/4/2007. (THR, ) (Entered: 02/20/2007)

Feb. 16, 2007

Set/Reset Hearings: Telephonic Case Management Conference reset for 3/15/2007 at 11:00 AM before Magistrate Judge Linda R. Anderson at the request of counsel for the parties via telephone on this date. (wg, ) (Entered: 02/20/2007)

Feb. 20, 2007
32

ANSWER to Amended Complaint by Pieter Teeuwissen.(Teeuwissen, Pieter) (Entered: 03/05/2007)

March 5, 2007

Minute Entry for proceedings held before Judge Linda R. Anderson : Telephonic Case Management Conference held on 3/15/2007. Participants: Stephen M. Crampton, counsel for plaintiffs; and Pieter Teeuwissen, counsel for defendants. A Scheduling Order shall be entered by the Court setting this case for trial on a trial calendar commencing April 7, 2008. (wg, )(20) (Entered: 03/22/2007)

March 15, 2007
33

SCHEDULING ORDER: Final Pretrial Conference set for 3/7/2008 09:00 AM before District Judge William H. Barbour Jr.. Status/Settlement Conference set for 4/26/2007 at 02:30 PM before Magistrate Judge Linda R. Anderson. Amended Pleadings due by 4/15/2007. Discovery due by 12/7/2007. Disclosure due by 3/23/2007. Designate Experts Plaintiff Deadline due by 9/7/2007. Designate Experts for Defendant Deadline due by 10/8/2007. Bench Trial set for trial calendar that begins 4/7/2008 and ends 4/18/2008 before District Judge William H. Barbour Jr.. Joinder of Parties due by 4/15/2007. Motions due by 12/24/2007. Signed by Judge Linda R. Anderson on March 22, 2007. (wg, ) (Entered: 03/22/2007)

March 22, 2007

Set Deadlines/Hearings: Status/Settlement Conference reset for 5/11/2007 at 02:00 PM before Magistrate Judge Linda R. Anderson at the James Eastland Courthouse, 245 E. Capitol Street, Fifth Floor, Hearing Room 526, Jackson, Mississippi.(wg, ) (Entered: 04/26/2007)

April 26, 2007

Minute Entry for proceedings held before Judge Linda R. Anderson : Status/Settlement Conference held on 5/11/2007. Appearances: Stephen M. Crampton, counsel for plaintiff; and Mark McLeod, counsel for defendants. The Court discusssed the present status of the case with counsel for the parties. The Court will set another status conference herein for 6/11/07 at 9:00 AM. (wg, )(30) (Entered: 05/11/2007)

May 11, 2007

Set Deadlines/Hearings: Status Conference via conference call set for 6/11/2007 at 09:00 AM with Magistrate Judge Linda R. Anderson. Plaintiff's counsel shall initiate the call. Telephone number for conference: 601−965−4528. (wg, ) (Entered: 05/11/2007)

May 11, 2007
34

MOTION to Withdraw as Attorney by Pro−Life Mississippi, Tanya Britton, Joseph Carson (Crampton, Stephen) (Entered: 06/07/2007)

June 7, 2007
35

NOTICE of Service of Disclosure by City of Jackson (McLeod, Mark) (Entered: 06/08/2007)

June 8, 2007

Minute Entry for proceedings held before Judge Linda R. Anderson : Status Conference held on 6/11/2007. Participants: Stephen M. Crampton, counsel for plaintiffs; and Pieter Teeuwissen, counsel for defendants. Counsel for the parties informed the Court that the parties are engaged in settlement neogitations and are working out the terms of a consent decree. Same must be presented to the Jackson City Council. Court will set another status conference for 6/26/2007. (WG)(15) (Entered: 06/11/2007)

June 11, 2007

Set Deadlines/Hearings: Status Conference set for 6/26/2007 at 09:00 AM before Magistrate Judge Linda R. Anderson. Plaintiff's counsel shall initiate the call. Telephone number for conference: 601−965−4528. (WG) (Entered: 06/11/2007)

June 11, 2007

Minute Entry for proceedings held before Judge Linda R. Anderson : Status Conference held on 6/26/2007. Participants: Stephen Crampton, counsel for plaintiffs; and Pieter Teeuwissen, counsel for defendants. Parties are continuing their efforts to negotiate a settlement. Presentation to City Council scheduled for July 3. Court will set another status conference herein. (WG)(15) (Entered: 06/27/2007)

June 26, 2007

Set Deadlines/Hearings: Status Conference set for 7/9/2007 09:00 AM before Magistrate Judge Linda R. Anderson. Plaintiff's counsel shall initiate the conference call. Telephone number for conference: 601−965−4528. (WG) (Entered: 06/27/2007)

June 27, 2007
36

ORDER requiring counsel to submit a Status Report due on or before 8/14/2007 at 9:00 AM. Signed by Judge Linda R. Anderson on July 9, 2007. (WG) (Entered: 07/09/2007)

July 9, 2007

Minute Entry for proceedings held before Judge Linda R. Anderson : Status Conference held on 7/9/2007. Participants: Stephen M. Crampton, counsel for plaintiffs; and Pieter Teeuwissen, counsel for defendants. Court inquired of the parties as to status of settlement negotiations. Parties were unable to report that a final resolution has been made. Court will set another status conference for August 14, 2007 at 9:00 AM. (WG)(15) (Entered: 07/09/2007)

July 9, 2007
37

NOTICE of Filing by City of Jackson (Attachments: # 1 Exhibit August 21, 2007 letter)(Teeuwissen, Pieter) (Entered: 08/21/2007)

Aug. 21, 2007

Set Deadlines/Hearings: Telephonic Status Conference set for 9/12/2007 at 09:00 AM with Magistrate Judge Linda R. Anderson. Plaintiffs' counsel shall initiate the conference call. Telephone number for conference: 601−965−4528 (WG) (Entered: 09/06/2007)

Sept. 6, 2007

ORDER STAYING CASE per ore tenus motion of counsel for the parties to finalize the terms of an agreement reached herein. Counsel for the parties shall notify the Court on or before November 13, 2007 as to the status of the case if an Order of Dismissal has not been entered prior to said date. Signed by Judge Linda R. Anderson on September 13, 2007. NO FURTHER WRITTEN ORDER SHALL BE ISSUED.(WG) (Entered: 09/13/2007)

Sept. 13, 2007

Minute Entry for proceedings held before Judge Linda R. Anderson : Status Conference held on 9/13/2007. Participants: Stephen M. Crampton, counsel for plaintiff; and Pieter Teeuwissen, counsel for defendants. Counsel requested a 60−day stay of the case to finalize the terms of an agreement reached herein which the Court will grant. (WG) (Entered: 09/13/2007)

Sept. 13, 2007

TEXT ONLY ORDER setting Status Conference for 2/15/2008 at 11:00 AM before Magistrate Judge Linda R. Anderson regarding stay entered 9/13/2007. Plaintiff's counsel shall initiate the conference call. Telephone number for conference: 601−965−4528. Signed by Magistrate Judge Linda R. Anderson on February 6, 2008. NO FURTHER WRITTEN ORDER SHALL BE ISSUED. (WG) (Entered: 02/06/2008)

Feb. 6, 2008

Minute Entry for proceedings held before Magistrate Judge Linda R. Anderson: Status Conference held on 2/15/2008. Parties advised the Court that they are in agreement on all material terms. The Court expects the parties to take the steps necessary to consummate the entry of a consent decree herein within 30 days. Another status conference will be set by the Court, but will be cancelled if a consent decree has been entered on the docket on or before 3/17/08. (WG) (Entered: 02/15/2008)

Feb. 15, 2008

Set/Reset Hearings: Telephonic Status Conference set for 3/17/2008 09:00 AM before Magistrate Judge Linda R. Anderson in the event a consent decree has not been entered in this case before said date. (WG) (Entered: 02/15/2008)

Feb. 15, 2008

Set/Reset Hearings: Final Pretrial Conference set for 3/17/2008 at 09:30 AM before District Judge William H. Barbour Jr. (Lewis, Nijah) (Entered: 02/27/2008)

Feb. 27, 2008

TEXT ONLY ORDER Cancelling Pretrial Conference set for March 17, 2008 at 9:30 before District Judge William H. Barbour, Jr. The Court was notified that the parties have reached an agreement. NO FURTHER WRITTEN ORDER SHALL ISSUE. Signed by District Judge William H. Barbour, Jr on 3−14−08 (Lewis, Nijah) (Entered: 03/14/2008)

March 14, 2008
39

CONSENT DECREE. Signed by District Judge William H. Barbour, Jr on 3−14−08 (Lewis, Nijah) (Entered: 03/14/2008)

March 14, 2008

ORAL MOTION to Dismiss by Pieter Teeuwissen (cwl) (Entered: 03/14/2008)

March 14, 2008
40

AGREED ORDER granting [] Motion to Dismiss. That Pieter Teeuwissen, Esq., is fully and finally dismissed from this cause with prejudice without finding against him in either and individual or official capacity. Signed by District Judge William H. Barbour, Jr on 3/14/08 (cwl) (Entered: 03/14/2008)

March 14, 2008
41

ORDER DISMISSING CASE with prejudice to all parties. Parties having settled. Signed by District Judge William H. Barbour, Jr on 3/18/08 (THR) (Entered: 03/18/2008)

March 18, 2008

State / Territory: Mississippi

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Contraception Insurance Mandate

Key Dates

Filing Date: July 11, 2006

Closing Date: March 14, 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are pro-life advocates.

Plaintiff Type(s):

Private Plaintiff

Non-profit religious organization

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City of Jackson, Mississippi (Jackson, Hinds), City

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Freedom of speech/association

Equal Protection

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

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $15,000

Order Duration: 2008 - 2009

Content of Injunction:

Discrimination Prohibition

Provide antidiscrimination training

Training

Issues

General:

Abortion

Failure to train

False arrest

Loss or damage to property

Sidewalks