Case: United States v. Hinds County

3:16-cv-00489 | U.S. District Court for the Southern District of Mississippi

Filed Date: June 23, 2016

Case Ongoing

Clearinghouse coding complete

Case Summary

On May 21, 2015, the Civil Rights Division of the United State Department of Justice (DOJ) completed an investigation into Hinds County, Mississippi, over conditions at the Hinds County Adult Detention Facility and Work Center in Raymond and the Jackson Detention Center in Jackson. The DOJ found that the facilities were chronically understaffed, that staff were not adequately trained or supervised, and that the facilities were poorly designed and ill-maintained. Those staff in turn failed to su…

On May 21, 2015, the Civil Rights Division of the United State Department of Justice (DOJ) completed an investigation into Hinds County, Mississippi, over conditions at the Hinds County Adult Detention Facility and Work Center in Raymond and the Jackson Detention Center in Jackson. The DOJ found that the facilities were chronically understaffed, that staff were not adequately trained or supervised, and that the facilities were poorly designed and ill-maintained. Those staff in turn failed to supervise detainees with a history of violence, mental illness, or suicide attempts, and routinely subjected detainees to excessive force. They further failed to adequately separate high-risk detainees from young detainees, female detainees, mentally disabled detainees, and other vulnerable detainees.

As a result, detainees faced serious harm or risk of harm from other detainees and staff, including three riots, as well as unjustified use of TASERs, canines, and corporal punishment against detainees by staff. Additionally, Hinds County failed to provide detainees with timely access to exercise, treatment programs, and legal services. The lack of access to legal services, along with Hinds County's failure to keep accurate records for detainees, in turn resulted in many detainees being held without adequate legal justification.

On June 23, 2016, based on the findings in its report, the DOJ filed this lawsuit in the U.S. District Court for the Southern District of Mississippi, against Hinds County. The DOJ alleged that the County had violated the Eighth and Fourteenth Amendment rights of the detainees housed in the Hinds County Adult Detention Facility, the Hinds County Work Center, and the Jackson Detention Center. The DOJ asked the court (Judge William Henry Barbour Jr.) for declaratory and injunctive relief under the Civil Rights of Institutionalized Persons Act (42 U.S.C. § 1997). Specifically, the DOJ asked Judge Barbour to declare that Hinds County's practices and policies violated the constitutional rights of detainees at the facilities that the DOJ had investigated, and to issue a permanent injunction ordering Hinds County to amend its practices and policies to avoid violating the constitutional rights of detainees at those facilities in the future.

The parties had already negotiated a settlement during the DOJ investigation; on the same day as the complaint was filed, the DOJ and Hinds County filed a joint settlement motion. In the settlement agreement, Hinds County admitted that its policies and practices had violated the rights of detainees and agreed to change those practices and policies to prevent violations of detainees' rights in the future. To that end, Hinds County agreed to implement a comprehensive list of reforms, including: increased supervision of prison staff and detainees; improved training for prison staff, particularly in regards to appropriate use of force; improved incident reporting and investigation; no longer detaining detainees without adequate legal justification, particularly in regards to detention for failing to pay fines; and notifying mental health professionals of the release of detainees with mental illness to facilitate their transitions back into society.

Hinds County also agreed to create a Criminal Justice Coordinating Committee, which would be charged with exploring ways to keep youth and mentally ill persons in Hinds County out of the Hinds County legal system. The Committee would include representatives from the Hinds County Board of Supervisors and Hinds County Sheriff's office. Hinds County was also to seek additional representation from the Jackson Police Department and other Jackson City officials; the Mississippi Department of Mental Health; the Mississippi Department of Health and Human Services, Division of Youth Services; Hinds County judges; the Hinds County District Attorney's Office; the Hinds County Public Defender's Office; and private advocates or other interested community member.

The settlement agreement required that Hinds County implement all of its provisions within a year of the effective date of the agreement. Compliance with the settlement agreement would be monitored by a third-party monitor agreed upon by the DOJ and Hinds County. The monitor was to have full access to facilities, records, and detainees of the Hinds County Adult Detention Center, Hinds County Work Center, and Jackson Detention Center, along with the full cooperation of Hinds County employees, contractors, and Agents at those facilities. Hinds County was also required to designate a full-time Compliance Coordinator to work with the monitor. In the event of non-compliance with the agreement, the court retained jurisdiction to enforce the agreement at the request of the aggrieved party.

After the parties jointly stipulated that the defendant had substantially complied with the settlement agreement for two years, the court could order termination of the agreement. Alternatively, the defendant could unilaterally move for dismissal, but had the burden of showing substantial implementation of the agreement. The court approved the settlement agreement on July 19, 2016.

On February 17, 2017, the court determined that significant progress had been made toward compliance, but that certain requirements had not been met. On August 1, 2018, the monitor filed their fifth status report. Though the monitor noted meaningful progress, particularly with the medical and mental health evaluation processes, the detention facilities were still non-compliant with the settlement agreement.

The case was reassigned to District Judge Carlton Reeves on December 17, 2018. Status reports and compliance updates continued. On June 24, 2019, a monitoring report was submitted that demonstrated that defendants were still lacking in the area of corrections operations. In all other areas, the court monitor found that there had been improvement, but that defendants still had lots to accomplish before they would be in compliance.

On December 16, 2019, both parties moved for entry of a new settlement; the Court agreed on January 16, 2020, modifying the prior settlement agreement to include additional, more specific, relief in five areas: Safety and security of the physical plant, safety and security of staffing, the development and implementation of policies and procedures, and population management.

Around the same time, COVID-19 began to spread throughout the world. The 10th Status Report dated March 26, 2020, noted that lack of staffing and impractical policies would hinder an effective respond to the virus in Hinds County detention facilities. The report also noted other deficiencies including physical security (detainees were often able to let themselves out of their cells and housing units), fire code noncompliance, and lack of mental health workers. So, it concluded, “progress toward substantial compliance in most of the areas of the Agreement is best described as being ‘on hold’.” But the report did point out that more judges were available for first appearances and the bail schedule had been eliminated.

The 11th Status Report, dated August 4, 2020, identified additional problems with the defendants' COVID-19 response. Based on conference and Zoom calls rather than in-person visits, the report cited failures of the jail administration, senior security staff, and the mental and medical health provider to regularly meet together, leading to misinformation. In addition, there was at first a lack of testing. And when testing was finally conducted, it took place on a voluntary basis, leading to only 60% of detainees being tested. Several of these tests were positive, and the monitor expressed concern that there might be additional infected detainees in the non-tested population. These problems were compounded by ineffective quarantine procedures, inadequate staffing, and inadequate testing of staff. On the other hand, the Report also noted that a reduction in the jail population over the last four years had improved conditions.

Throughout 2020 and 2021, the monitor continued issuing regular reports. While they noted modest progress in complying with the terms of the settlement agreement, the monitor was clear that jail system suffered from major staffing, facilities, violence, and fire safety issues.

On October 28, 2021, the monitor issued an irregular interim report to inform the court that six people had died in the Hinds County Jail System by that point in 2021. The monitoring team described these developments as "alarming" and raising "serious concerns about the continued lack of compliance" by the defendants with the settlement.

Judge Reeves responded to the interim report by issuing an order to show cause why the county should not be held in civil contempt and the RDC placed into federal receivership. 2021 WL 5501442. The order stated that the "unconstitutional conditions [at the RDC] have not been remediated" and there was "no end in sight" to the jails' problems.

As of December 4, 2021, the county's response to Judge Reeves' order to show cause is pending. The case is ongoing.

 

Summary Authors

Ryan Berry (7/5/2016)

Elizabeth Heise (10/21/2018)

Christiana Johnson (3/31/2020)

Samuel Poortenga (11/13/2020)

Zofia Peach (3/11/2021)

Jonah Hudson-Erdman (12/4/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4302575/parties/united-states-v-hinds-county/


Judge(s)

Barbour, William Henry Jr. (Mississippi)

Gargiulo, John C. (Mississippi)

Reeves, Carlton Wayne (Mississippi)

Walker, Robert H. (Mississippi)

Attorneys(s) for Plaintiff

Cheng, Christopher N. (District of Columbia)

Coon, Laura (District of Columbia)

Cowall, Laura Coon (District of Columbia)

Davis, Gregory K. (Mississippi)

Fleisher, Aaron S (District of Columbia)

Jackson, Shelley (District of Columbia)

Judge(s)

Barbour, William Henry Jr. (Mississippi)

Gargiulo, John C. (Mississippi)

Reeves, Carlton Wayne (Mississippi)

Walker, Robert H. (Mississippi)

Attorneys(s) for Plaintiff

Cheng, Christopher N. (District of Columbia)

Coon, Laura (District of Columbia)

Cowall, Laura Coon (District of Columbia)

Davis, Gregory K. (Mississippi)

Fleisher, Aaron S (District of Columbia)

Jackson, Shelley (District of Columbia)

Kelley, Elizabeth (District of Columbia)

Lynch, Loretta (New York)

Mayberry, Candace (Mississippi)

Paige, Mitzi Dease (Mississippi)

Rosenbaum, Steven H. (District of Columbia)

Russo, Sarah Teresa (District of Columbia)

Steege, Sarah G (District of Columbia)

Vera, Helen (District of Columbia)

Williams, Angela Givens (Mississippi)

Attorneys(s) for Defendant

Barker, Claire (Mississippi)

Chambers, Rayford G (Mississippi)

Gaylor, Tony R (Mississippi)

Mullins, Charles Richard (Mississippi)

Prince, Scherrie L (Mississippi)

Simon, Anthony R (Mississippi)

Teeuwissen, Pieter (Mississippi)

Other Attorney(s)

Bamzai, Vidhi (Mississippi)

Johnson, Elissa F (Mississippi)

Jones, Leslie Faith (Mississippi)

Owens, Jody E. II (Mississippi)

Stokes-Hough, Keisha LaJune (Alabama)

Wu, Paloma (Mississippi)

Expert/Monitor/Master

Gupta, Vanita (District of Columbia)

Simpson, Elizabeth E. (New Mexico)

Documents in the Clearinghouse

Document

3:16-cv-00489

Docket [PACER]

United States of America v. Hinds County

Nov. 24, 2021

Nov. 24, 2021

Docket

Letter Regarding Investigation of the Hinds County Adult Detention Center

CRIPA Investigation of Hinds County Adult Detention Center

No Court

May 21, 2015

May 21, 2015

Findings Letter/Report
2

3:16-cv-00489

Joint Motion for Entry of Settlement Agreement

U.S. v. Hinds County

June 23, 2016

June 23, 2016

Pleading / Motion / Brief
1

3:16-cv-00489

Complaint

U.S. v. Hinds County

June 23, 2016

June 23, 2016

Complaint
8

3:16-cv-00489

Order

U.S. v. Hinds County

July 19, 2016

July 19, 2016

Order/Opinion
8-1

3:16-cv-00489

Settlement Agreement Between the United States of America and Hinds County, Mississippi Regarding the Hinds County Jail

United States of America v. Hinds County

July 19, 2016

July 19, 2016

Settlement Agreement
12-1

3:16-cv-00489

Court-Appointed Monitor’s First Monitoring Report

May 3, 2017

May 3, 2017

Monitor/Expert/Receiver Report
16

3:16-cv-00489

Court-Appointed Monitor’s Second Monitoring Report

Aug. 23, 2017

Aug. 23, 2017

Monitor/Expert/Receiver Report
19

3:16-cv-00489

Court-Appointed Monitor’s Third Monitoring Report

Dec. 11, 2017

Dec. 11, 2017

Monitor/Expert/Receiver Report
23

3:16-cv-00489

Court-Appointed Monitor’s Fifth Monitoring Report

Aug. 1, 2018

Aug. 1, 2018

Monitor/Expert/Receiver Report

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4302575/united-states-v-hinds-county/

Last updated July 24, 2022, 3:08 a.m.

ECF Number Description Date Link Date / Link
3

MEMORANDUM in Support re 2 Joint MOTION for Settlement Entry of Settlement Agreement filed by United States of America (Attachments: # 1 Exhibit A - Letter of June 2, 2014, # 2 Exhibit B - Letter of January 20, 2015, # 3 Exhibit C - Investigation dated May 21, 2015, # 4 Exhibit D - Report of Grand Jury)(Paige-Federal Gov, Mitzi) (Entered: 06/23/2016)

1 Exhibit A - Letter of June 2, 2014

View on PACER

2 Exhibit B - Letter of January 20, 2015

View on PACER

3 Exhibit C - Investigation dated May 21, 2015

View on PACER

4 Exhibit D - Report of Grand Jury

View on PACER

June 23, 2016

June 23, 2016

PACER
2

Joint MOTION for Settlement Entry of Settlement Agreement by United States of America (Attachments: # 1 Exhibit 1 - Settlement Agreement)(Paige-Federal Gov, Mitzi) (Entered: 06/23/2016)

1 Exhibit 1 - Settlement Agreement

View on PACER

June 23, 2016

June 23, 2016

PACER
1

COMPLAINT against Hinds County, Victor Mason, The Hinds County Board of Supervisors, filed by United States of America. (Attachments: # 1 Civil Cover Sheet)(RRL) (Entered: 06/23/2016)

1 Civil Cover Sheet

View on PACER

June 23, 2016

June 23, 2016

RECAP
5

REQUEST FOR WAIVER of Service sent to Pieter Teeuwissen on June 27, 2016 by United States of America. Waiver of Service due by 7/27/2016 (Paige-Federal Gov, Mitzi) (Entered: 06/27/2016)

June 27, 2016

June 27, 2016

PACER
4

REQUEST FOR WAIVER of Service sent to Claire Barker on June 27, 2016 by United States of America. Waiver of Service due by 7/27/2016 (Paige-Federal Gov, Mitzi) (Entered: 06/27/2016)

June 27, 2016

June 27, 2016

PACER
7

WAIVER OF SERVICE Returned Executed by United States of America. Victor Mason waiver sent on 6/27/2016, answer due 8/26/2016. (Paige-Federal Gov, Mitzi) (Entered: 07/06/2016)

July 6, 2016

July 6, 2016

PACER
6

WAIVER OF SERVICE Returned Executed by United States of America. The Hinds County Board of Supervisors waiver sent on 6/27/2016, answer due 8/26/2016. (Paige-Federal Gov, Mitzi) (Entered: 07/06/2016)

July 6, 2016

July 6, 2016

PACER

Set/Reset Hearings: Telephone Conference set for 7/19/2016 01:30 PM before District Judge William H. Barbour Jr. (Lewis, Nijah)

July 7, 2016

July 7, 2016

PACER

Set/Reset Hearings

July 7, 2016

July 7, 2016

PACER
8

ORDERED that the Settlement Agreement attached hereto is hereby approved; that this Settlement Agreement be implemented by the parties in accordance with its terms. Signed by District Judge William H. Barbour, Jr on 7/19/16 (Attachments: # 1 Settlement Agreement). (RRL) (Entered: 07/19/2016)

1 Settlement Agreement

View on RECAP

July 19, 2016

July 19, 2016

PACER

Telephone Conference

July 19, 2016

July 19, 2016

PACER

Minute Entry for proceedings held before District Judge William H. Barbour, Jr: Telephone Conference held on 7/19/2016 regarding Settlement Agreement. Participates: Christopher Cheng, Elizabeth C. Kelley, Regan Rush, U.S. Department of Justice, Civil Rights Division, Washington, D.C.; Mitzi Paige, U.S. Attorneys office; Peter Teeuwissen, Anthony Simmons, Attorney for the Hinds County Bd of Supervisors; Claire Barker, Attorney for the Hinds County Sheriff's Department. Telephone conference regarding the proposed Settlement Agreement. All parties agreed that they agree with the Settlement Agreement on behalf of their clients and that all parties were ready to implement the agreement. 7/19/2016 (Lewis, Nijah).

July 19, 2016

July 19, 2016

PACER
11

ORDER granting 9 Motion to Appoint Expert. Elizabeth Lisa Simpson is hereby approved as the Monitor in this case. Signed by District Judge William H. Barbour, Jr on 8/18/16 (Lewis, Nijah) (Entered: 08/18/2016)

Aug. 18, 2016

Aug. 18, 2016

PACER
10

MEMORANDUM in Support re 9 Joint MOTION to Appoint Expert Elizabeth Lisa Simpson filed by United States of America (Attachments: # 1 Exhibit Elizabeth Simpson C.V.)(Kelley-Federal Gov, Elizabeth) (Entered: 08/18/2016)

1 Exhibit Elizabeth Simpson C.V.

View on PACER

Aug. 18, 2016

Aug. 18, 2016

PACER
9

Joint MOTION to Appoint Expert Elizabeth Lisa Simpson by United States of America (Attachments: # 1 Exhibit Proposed Order)(Kelley-Federal Gov, Elizabeth) (Entered: 08/18/2016)

1 Exhibit Proposed Order

View on PACER

Aug. 18, 2016

Aug. 18, 2016

RECAP

NOTICE of Hearing: TELEPHONIC Status Conference set for 2/17/2017 at 9:30 AM before Magistrate Judge John C. Gargiulo. Counsel for Plaintiff will place the call to Judge Gargiulo's Chambers with all necessary counsel already on the line along with the Court appointed expert. (AB)

Dec. 8, 2016

Dec. 8, 2016

PACER

Status Conference

Dec. 8, 2016

Dec. 8, 2016

PACER

Notice of Hearing

Dec. 8, 2016

Dec. 8, 2016

PACER

Minute Entry for proceedings held before Magistrate Judge John C. Gargiulo: TELEPHONIC Status Conference held on 12/8/2016 with Court appointed expert. A baseline visit was conducted in October, and a findings letter has been provided to the appropriate parties. The expert is currently finalizing a monitor plan, and will provide same to parties. A monitor visit is scheduled for early February, with the expert's findings to be formally filed thereafter. A telephonic status conference will be scheduled by separate docket entry. (AB)

Dec. 8, 2016

Dec. 8, 2016

PACER

NOTICE of Hearing: IN-PERSON Status Conference set for 7/10/2017 at 2:00 PM in Courtroom 683 (Gulfport) before Magistrate Judge John C. Gargiulo. (AB)

Feb. 17, 2017

Feb. 17, 2017

PACER

Status Conference

Feb. 17, 2017

Feb. 17, 2017

PACER

Notice of Hearing

Feb. 17, 2017

Feb. 17, 2017

PACER

Minute Entry for proceedings held before Magistrate Judge John C. Gargiulo: TELEPHONIC Status Conference held on 2/17/2017 regarding status of completion of requirements of the consent agreement. A base line tour has been completed. There has been significant progress made toward compliance however, there remain certain requirement deadlines that have not been complied with and are past due. The Defendant Hinds County has retained a Consent Agreement Compliance Coordinator (Synarus Green) who has been appraised of the priority recommendations and overall status. The next monitoring site visit will take place in June. An in-person status conference will be scheduled by the Court at which the Court expects the Defendants to be in compliance with all past due deadlines addressed during the telephone conference, and be prepared to address compliance with all prior recommendations made. The parties have agreed to convene at the Gulfport Courthouse. The Court directs that the Hinds County Sherriff and the President of the Hinds County Board of Supervisors be present at the upcoming in-person status conference. Participates: Christopher Cheng and Candace Mayberry (counsel for Plaintiff); Peter Teeuwissen and Anthony Simon (counsel for Defendant Hinds County Board of Supervisors); Claire Barker (counsel for Defendant Hinds County Sheriff Victor Mason); Elizabeth Simpson (Court Appointed Expert); Mary Rushing (Hinds County Warden); Synarus Green (Hinds County Compliance Officer); Pete Luke (Hinds County Operations Officer). (AB)

Feb. 17, 2017

Feb. 17, 2017

PACER
12

STATUS REPORT by United States of America (Attachments: # 1 Exhibit Monitor's First Monitoring Report)(Cheng-Federal Gov, Christopher) (Entered: 05/03/2017)

1 Exhibit Monitor's First Monitoring Report

View on RECAP

May 3, 2017

May 3, 2017

PACER
13

NOTICE of Appearance by Aaron Fleisher-Federal Gov on behalf of United States of America (Fleisher-Federal Gov, Aaron) (Entered: 05/16/2017)

May 16, 2017

May 16, 2017

PACER

NOTICE of Hearing: IN-PERSON Status Conference set for 10/25/2017 at 2:00 PM in Courtroom 683 (Gulfport) before Magistrate Judge John C. Gargiulo. (AB)

July 10, 2017

July 10, 2017

PACER

Status Conference

July 10, 2017

July 10, 2017

PACER

Notice of Hearing

July 10, 2017

July 10, 2017

PACER

NOTICE of Hearing: TELEPHONIC Status Conference set for 9/20/2017 at 10:00 AM before Magistrate Judge John C. Gargiulo. Counsel for Plaintiff will place the call to Judge Gargiulo's Chambers with all necessary counsel already on the line along with the Court appointed expert. (AB)

July 10, 2017

July 10, 2017

PACER

Minute Entry for proceedings held before Magistrate Judge John C. Gargiulo: IN-PERSON Status Conference held on 7/10/2017. PARTICIPANTS: Christopher N. Cheng, Laura L. Coon (Cowell), Candace Gregory Mayberry (counsel for Plaintiff); Pieter Teeuwissen (counsel for Defendant The Hinds County Board of Supervisors); Claire Barker (counsel for Defendant Hinds Co. Sheriff Victor Mason); Elizabeth Simpson (Court Appointed Expert). Status conference regarding compliance with consent agreement. Court Reporter/Transcriber Teri Norton, Telephone Number : 228-563-1748. (AB)

July 10, 2017

July 10, 2017

PACER
14

NOTICE of Appearance by Candace Mayberry-Federal Gov on behalf of United States of America (Mayberry-Federal Gov, Candace) (Entered: 07/18/2017)

July 18, 2017

July 18, 2017

PACER
15

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of IN-PERSON STATUS CONFERENCE held on 7/10/2017 before Judge John Gargiulo. Court Reporter/Transcriber Teri Norton, Telephone Number : 228-563-1748. 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 8/9/2017. Redacted Transcript Deadline set for 8/21/2017. Release of Transcript Restriction set for 10/17/2017. (TN) (Entered: 07/19/2017)

July 19, 2017

July 19, 2017

PACER
16

STATUS REPORT by United States of America (*Cheng-Federal Gov, Christopher) (Entered: 08/23/2017)

Aug. 23, 2017

Aug. 23, 2017

RECAP

Minute Entry for proceedings held before Magistrate Judge John C. Gargiulo: TELEPHONIC Status Conference held on 9/20/2017. Participates: Christopher Cheng, Laura L. Coon (Cowell), Mitzi Dease Paige and Patrick Holkins (counsel for Plaintiff); Elizabeth Simpson (Court-Appointed Monitor); Peter Teeuwissen and Anthony Simon (counsel for Defendant Hinds County Board of Supervisors); Darrell McWhorter (Hinds County Board President); Carmen McDavis (Hinds County Administrator); Mickey Parker (Hinds County Personnel Director); Synarus Green (Hinds County Compliance Officer); Sheriff Victor Mason (Hinds County Sheriff); Mary Rushing (Hinds County Jail Administrator); Cpt. Sandra Dalton; Deputy Richard Fielder; Tanecka Moore (Court Facilitator); Kim Jackson (Director of Nursing for Quality Correction Health Care); Johnny McDaniels (Youth Detention Center). The Court received a progress report regarding compliance with the consent agreement. Significant progress has been made, and the parties continue to proceed toward compliance with the consent decree. A status conference has been scheduled to take place after the monitoring team's onsite visit. (AB)

Sept. 20, 2017

Sept. 20, 2017

PACER

Status Conference

Sept. 20, 2017

Sept. 20, 2017

PACER
17

MOTION to Withdraw as Attorney by United States of America (Kelley-Federal Gov, Elizabeth) (Entered: 10/24/2017)

Oct. 24, 2017

Oct. 24, 2017

PACER

NOTICE of Hearing: IN-PERSON Status Conference set for 3/8/2018 at 2:00 PM in Courtroom 683 (Gulfport) before Magistrate Judge John C. Gargiulo. (AB)

Oct. 25, 2017

Oct. 25, 2017

PACER

Order on Motion to Withdraw as Attorney

Oct. 25, 2017

Oct. 25, 2017

PACER

Status Conference

Oct. 25, 2017

Oct. 25, 2017

PACER

Notice of Hearing

Oct. 25, 2017

Oct. 25, 2017

PACER

NOTICE of Hearing: TELEPHONIC Status Conference set for 12/5/2017 at 10:00 AM before Magistrate Judge John C. Gargiulo. Counsel for Plaintiff will place the call to Judge Gargiulo's Chambers with all necessary counsel already on the line along with the Court Monitor. (AB)

Oct. 25, 2017

Oct. 25, 2017

PACER

Minute Entry for proceedings held before Magistrate Judge John C. Gargiulo: IN-PERSON Status Conference held on 10/25/2017. Participates: Christopher Cheng, Laura L. Coon (Cowell), Candace Mayberry (counsel for Plaintiff); Elizabeth Simpson (Court-Appointed Monitor); Peter Teeuwissen and Anthony Simon (counsel for Defendant Hinds County Board of Supervisors); Sheriff Victor Mason (Hinds County Sheriff); Mary Rushing (Hinds County Jail Administrator); Cpt. Sandra Dalton; Kenneth Bryant (Supervisor); Kendria Johnson (Administrative Assistant); Carmen Davis (Hinds County Administrator); Pete Luke (Hinds County Operations Office); Shelly Blaine (Fiscal Director). The Court received a progress report from the Court Monitor regarding compliance with the consent agreement. A telephonic status conference and an in-person status conference will be scheduled. Tape Number: 10/25/2017. (AB)

Oct. 25, 2017

Oct. 25, 2017

PACER

TEXT ONLY ORDER granting 17 Motion to Withdraw, filed by Elizabeth C. Kelley. Elizabeth C. Kelley is granted leave to withdraw as counsel for the United States. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge John C. Gargiulo on 10/25/2017 (HM)

Oct. 25, 2017

Oct. 25, 2017

PACER
18

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of IN-PERSON STATUS CONFERENCE held on 10/25/2017 before Judge John Gargiulo. Court Reporter/Transcriber Teri Norton, Telephone Number : 228-563-1748. 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 11/27/2017. Redacted Transcript Deadline set for 12/7/2017. Release of Transcript Restriction set for 2/5/2018. (TN) (Entered: 11/06/2017)

Nov. 6, 2017

Nov. 6, 2017

PACER

Minute Entry for proceedings held before Magistrate Judge John C. Gargiulo: TELEPHONIC Status Conference held on 12/5/2017. Participates: Christopher Cheng, Laura L. Coon (Cowell), Mitzi Dease Paige, Aaron Fleisher and Patrick Holkins (counsel for Plaintiff); Elizabeth Simpson (Court-Appointed Monitor); David Parrish (Monitor Team); Pieter Teeuwissen and Anthony Simon (counsel for Defendant Hinds County Board of Supervisors); Clair Barker (counsel for Hinds County Sheriff Victor Mason); Mary Rushing (Hinds County Jail Administrator); Carmen Davis (Hinds County Administrator); Pete Luke (Hinds County Operations Office); Synarus Green (Hinds County Compliance Officer); Kenny Lewis; Chancellor Denise Owens. The parties and the Court Appointed Monitor presented the Court with an update as to progress toward compliance with the consent agreement, as well as issues to be addressed at the upcoming site visit and in-person status conference. (AB)

Dec. 5, 2017

Dec. 5, 2017

PACER

Status Conference

Dec. 5, 2017

Dec. 5, 2017

PACER
19

STATUS REPORT (Report of the Court Monitor) filed by United States of America (*Cheng-Federal Gov, Christopher) (Entered: 12/11/2017)

Dec. 11, 2017

Dec. 11, 2017

RECAP
20

MOTION Motion for Status As Interested Parties by J.H., Disability Rights Mississippi (Johnson, Elissa) (Entered: 12/18/2017)

Dec. 18, 2017

Dec. 18, 2017

PACER
21

ORDER granting 20 Motion for Status As Interested Parties. Signed by Magistrate Judge John C. Gargiulo on 12/29/2017 (cwl) (Entered: 12/29/2017)

Dec. 29, 2017

Dec. 29, 2017

PACER

Status Conference

March 8, 2018

March 8, 2018

PACER

Minute Entry for proceedings held before Magistrate Judge John C. Gargiulo: IN-PERSON Status Conference held on 3/8/2018. Participates: Christopher Cheng and Candace Mayberry (counsel for Plaintiff); Elizabeth Simpson (Court-Appointed Monitor); Anthony Simon (counsel for Defendant Hinds County Board of Supervisors); Mike Morgan (President of the Board of Supervisor); Claire Barker (Counsel for Hinds County Sheriff's Department); Mary Rushing (Hinds County Jail Administrator); Cpt. Sandra Dalton; Kenny Lewis; Carmen Davis (Hinds County Administrator); Synarus Green (Hinds County Compliance Officer); Ricky Dedeaux (CSO). The Court received a progress report from the Court Monitor regarding compliance with the consent agreement. An IN-PERSON status conference will be scheduled. Court Reporter/Transcriber Fred Jeske, Telephone Number : 601-255-6432. (AB)

March 8, 2018

March 8, 2018

PACER

Notice of Hearing

March 14, 2018

March 14, 2018

PACER

NOTICE of Hearing: IN-PERSON Status Conference set for 8/29/2018 at 2:00 PM in Courtroom 683 (Gulfport) before Magistrate Judge John C. Gargiulo. (AB)

March 14, 2018

March 14, 2018

PACER
22

STATUS REPORT (Report of the Court Monitor) by United States of America (*Cheng-Federal Gov, Christopher) (Entered: 04/18/2018)

April 18, 2018

April 18, 2018

RECAP
23

STATUS REPORT Monitor's Fifth Report by United States of America (Fleisher-Federal Gov, Aaron) (Entered: 08/01/2018)

Aug. 1, 2018

Aug. 1, 2018

RECAP

NOTICE of Hearing: TELEPHONIC Status Conference set for 11/30/2018 at 10:00 AM before Magistrate Judge John C. Gargiulo. Counsel for Plaintiff will place the call to Judge Gargiulo's Chambers with all necessary counsel already on the line along with the Court Monitor. (AB)

Aug. 29, 2018

Aug. 29, 2018

PACER

Minute Entry for proceedings held before Magistrate Judge John C. Gargiulo: In-Person Status Conference held on 8/29/2018. Participates: Christopher Cheng and Candace Mayberry (counsel for Plaintiff); Elizabeth Simpson (Court-Appointed Monitor); Peter Teewissen and Anthony Simon (counsel for Defendant Hinds County Board of Supervisors); Claire Barker (Counsel for Hinds County Sheriff's Department); Ricky Dedeaux (CSO). The Court received a progress report from the Court Monitor and Defense Counsel regarding compliance with the consent agreement. A telephonic status conference will be scheduled. Tape Number: 8/29/2018. (AB)

Aug. 29, 2018

Aug. 29, 2018

PACER
24

STATUS REPORT (Court Appointed Monitor's Sixth Monitoring Report) by United States of America (*Cheng-Federal Gov, Christopher) (Entered: 11/15/2018)

Nov. 15, 2018

Nov. 15, 2018

RECAP

Minute Entry for proceedings held before Magistrate Judge John C. Gargiulo: TELEPHONIC Status Conference held on 11/30/2018. Participates: Christopher Cheng, Laura L. Coon (Cowell) and Aaron Fleisher (counsel for Plaintiff); Elizabeth Simpson (Court-Appointed Monitor); Anthony Simon (counsel for Defendant Hinds County Board of Supervisors); Clair Barker (counsel for Hinds County Sheriff Victor Mason); Synarus Green (Hinds County Compliance Officer). The Court received an update from the Court Appointed Monitor and the Parties. The Parties addressed areas of concern for the next scheduled site visit. (AB)

Nov. 30, 2018

Nov. 30, 2018

PACER
25

ORDER REASSIGNING CASE. Case reassigned to District Judge Carlton W. Reeves for all further proceedings. District Judge William H. Barbour, Jr. no longer assigned to case. Signed by Chief District Judge Daniel P. Jordan, III on 12/17/18 (VM) (Entered: 12/17/2018)

Dec. 17, 2018

Dec. 17, 2018

RECAP

NOTICE of Hearing: Status Conference set for 1/15/2019 at 04:30 PM in Courtroom 5B (Jackson) Reeves before District Judge Carlton W. Reeves. (DJ)

Dec. 28, 2018

Dec. 28, 2018

PACER
26

MOTION to Substitute Attorney and Withdraw Attorney by Disability Rights Mississippi, J.H. (Bamzai, Vidhi). Added MOTION to Withdraw as Attorney on 1/15/2019 (VM). (Entered: 01/14/2019)

Jan. 14, 2019

Jan. 14, 2019

PACER

Minute Entry for proceedings held before District Judge Carlton W. Reeves: Status Conference held on 1/15/2019. APPEARANCES: Christopher Cheng, Aaron Fleisher, Candace Mayberry (counsel for Plaintiff); Elizabeth Simpson (Court-Appointed Monitor); Pieter Teeuwissen and Anthony Simon (counsel for Defendant Hinds County Board of Supervisors); Claire Barker (counsel for Hinds County Sheriff Victor Mason); Synarus Green (Hinds County Compliance Officer); Carmen Davis (Hinds County Administrator); Sheriff Victor Mason (Hinds County Sheriff); Mary Rushing (Hinds County Jail Administrator). The Court received an update as to the progress toward compliance with the Consent Agreement from the parties and the Court Appointed Monitor. (TRS)

Jan. 15, 2019

Jan. 15, 2019

PACER

TEXT ONLY ORDER granting 26 Motion to Withdraw and Substitute Counsel for Interested Parties. Elissa Johnson of the Southern Poverty Law Center (SPLC) is granted leave to withdraw as counsel for Interested Parties and Vidhi Bamzai of SPLC is substituted as counsel in place of Ms. Johnson as counsel for Interested Parties. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge John C. Gargiulo on 1/16/19 (HM)

Jan. 16, 2019

Jan. 16, 2019

PACER

Set Hearings: Status Conference set for 5/10/2019 09:00 AM in Courtroom 5B (Jackson) Reeves before District Judge Carlton W. Reeves (TRS)

Feb. 5, 2019

Feb. 5, 2019

PACER
27

STATUS REPORT Court Appointed Monitor's Seventh Monitoring Report by United States of America (Fleisher-Federal Gov, Aaron) (Entered: 03/05/2019)

March 5, 2019

March 5, 2019

RECAP

Set/Reset Hearings

April 11, 2019

April 11, 2019

PACER

Reset Hearings: Status Conference reset for 5/9/2019 10:00 AM in Courtroom 5B (Jackson) Reeves before District Judge Carlton W. Reeves. (TRS)

April 11, 2019

April 11, 2019

PACER

Set/Reset Hearings

May 7, 2019

May 7, 2019

PACER

Reset Hearings: Status Conference sreet for 5/9/2019 01:30 PM in Courtroom 5B (Jackson) Reeves before District Judge Carlton W. Reeves. (TRS)

May 7, 2019

May 7, 2019

PACER

Minute Entry for proceedings held before District Judge Carlton W. Reeves: Status Conference held on 5/9/2019. APPEARANCES: Christopher Cheng, Aaron Fleisher, Candace Mayberry (Government's counsel); Elizabeth Simpson (Court-Appointed Monitor), Jim Moeser (Juvenile Justice Expert), David Parrish (Corrections Operations Expert), Dr. Richard Dudley (Corrections Mental Health Expert); Pieter Teeuwissen (counsel for Defendant Hinds County Board of Supervisors); Claire Barker (counsel for Hinds County Sheriff Victor Mason); Synarus Green (Hinds County Compliance Officer); Carmen Davis (Hinds County Administrator); Sheriff Victor Mason (Hinds County Sheriff); Mary Rushing (Hinds County Jail Administrator);. The Court received an update as to the progress toward compliance with the Consent Agreement from the parties, Court Appointed Monitor, and Experts. A Telephonic Conference was set for June 28, 2019, at 2:30PM CST. Court Reporter/Transcriber Candice Crane, Telephone Number : 601-608-4187. (TRS)

May 9, 2019

May 9, 2019

PACER

Set/Reset Hearings

May 10, 2019

May 10, 2019

PACER

Status Conference

May 10, 2019

May 10, 2019

PACER

Set Hearings: Telephone Conference set for 6/28/2019 02:30 PM before District Judge Carlton W. Reeves. (TRS)

May 10, 2019

May 10, 2019

PACER
28

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Status Conference Proceedings held on May 9, 2019 before Judge Carlton W. Reeves. Court Reporter/Transcriber Candice Crane, 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 6/11/2019. Redacted Transcript Deadline set for 6/21/2019. Release of Transcript Restriction set for 8/19/2019. (CC) (Entered: 05/21/2019)

May 21, 2019

May 21, 2019

PACER

Set/Reset Hearings

June 18, 2019

June 18, 2019

PACER

Set Hearings: Status Conference set for 9/26/2019 02:00 PM in Courtroom 5B (Jackson) Reeves before District Judge Carlton W. Reeves (TRS)

June 18, 2019

June 18, 2019

PACER
29

MOTION Leave to Exceed Page Limit by United States of America (Mayberry-Federal Gov, Candace) (Entered: 06/21/2019)

June 21, 2019

June 21, 2019

PACER
32

MOTION to RESTRICT from public Exhibit 4 of its Motion to Show Cause (ECF Doc. No. 30) by United States of America (Mayberry-Federal Gov, Candace) (Entered: 06/24/2019)

June 24, 2019

June 24, 2019

RECAP

Order on Motion for Miscellaneous Relief

June 24, 2019

June 24, 2019

PACER
31

MEMORANDUM in Support re 30 MOTION for Order to Show Cause Why Defendants Should Not Be Held In Contempt filed by United States of America (Mayberry-Federal Gov, Candace) (Entered: 06/24/2019)

June 24, 2019

June 24, 2019

RECAP
30

MOTION for Order to Show Cause Why Defendants Should Not Be Held In Contempt by United States of America (Attachments: # 1 Attachment 1 - Enforcement Letter, # 2 Attachment 2 - Supplemental Enforcement Letter, # 3 Attachment 3 - Transcript of Status Conference 2019 05 09 (pp 15 to 20), # 4 Attachment 4 - Incident Information, # 5 Attachment 5 - October 2017 Transcript, # 6 Attachment 6 - Sheriff's Letter, # 7 Attachment 7 - Board's Letter, # 8 Attachment 8 - Priority Recommendations final June 2018)(Mayberry-Federal Gov, Candace) (Entered: 06/24/2019)

1 Attachment 1 - Enforcement Letter

View on RECAP

2 Attachment 2 - Supplemental Enforcement Letter

View on RECAP

3 Attachment 3 - Transcript of Status Conference 2019 05 09 (pp 15 to 20)

View on RECAP

5 Attachment 5 - October 2017 Transcript

View on RECAP

6 Attachment 6 - Sheriff's Letter

View on RECAP

7 Attachment 7 - Board's Letter

View on RECAP

8 Attachment 8 - Priority Recommendations final June 2018

View on RECAP

June 24, 2019

June 24, 2019

RECAP

TEXT ONLY ORDER granting 29 United States' Motion for Leave to Exceed Page Limit. United States is granted leave to file a motion that exceeds the Local Rules' page limitation by nine pages. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge John C. Gargiulo on 6/24/19 (HM)

June 24, 2019

June 24, 2019

PACER

Order on Motion to Seal or Restrict

June 27, 2019

June 27, 2019

PACER

TEXT-ONLY ORDER granting 32 Motion to Seal or Restrict from public Exhibit 4 of 30 Motion for Order to Show Cause. The Clerk shall make the necessary changes. Signed by District Judge Carlton W. Reeves on 6/27/2019. NO FURTHER WRITTEN ORDER SHALL ISSUE ON THIS MOTION. (DJ)

June 27, 2019

June 27, 2019

PACER
33

STATUS REPORT Court Appointed Monitor's Eighth Monitoring Report by United States of America (Attachments: # 1 Attachment Certificate of Service)(*Cheng-Federal Gov, Christopher) (Entered: 06/27/2019)

1 Attachment Certificate of Service

View on PACER

June 27, 2019

June 27, 2019

RECAP

Telephone Conference

June 28, 2019

June 28, 2019

PACER

Order

June 28, 2019

June 28, 2019

PACER

Minute Entry for proceedings held before District Judge Carlton W. Reeves: Telephone Conference held on 6/28/2019. PARTICIPANTS: Christopher Cheng, Aaron Fleisher, Laura L. Coon, Candace Mayberry (Government's counsel); Elizabeth Simpson and David Parrish (Court-Appointed Monitor); Anthony Simon(counsel for Defendant Hinds County Board of Supervisors); Claire Barker (counsel for Hinds County Sheriff Victor Mason); Synarus Green (Hinds County Compliance Officer); Carmen Davis (Hinds County Administrator); Paloma Wu (counsel for J.H. and Disability Rights MS). The Court received an update from the parties as to progress toward compliance with the consent agreement. (TRS)

June 28, 2019

June 28, 2019

PACER

TEXT-ONLY ORDER granting Defendants' ore tenus motion for an Extension of Time to Respond to 30 Motion for an Order to Show Cause Why Defendants Should Not Be Held In Contempt. The new Response deadline is 7/22/2019. The new Reply deadline is 8/5/2019. Signed by District Judge Carlton W. Reeves on 6/28/2019. (DJ)

June 28, 2019

June 28, 2019

PACER
34

NOTICE of Appearance by Anthony R. Simon on behalf of The Hinds County Board of Supervisors (Simon, Anthony) (Entered: 06/28/2019)

June 28, 2019

June 28, 2019

PACER
36

MEMORANDUM IN SUPPORT re 35 Response to 30 Motion, to Show Cause filed by The Hinds County Board of Supervisors (Teeuwissen, Pieter) Modified on 7/23/2019 (VM). (Entered: 07/22/2019)

July 22, 2019

July 22, 2019

RECAP
35

RESPONSE to Motion re 30 MOTION for Order to Show Cause Why Defendants Should Not Be Held In Contempt filed by The Hinds County Board of Supervisors (Attachments: # 1 Exhibit A, S. Green Affidavit, # 2 Exhibit B, C. Davis Affidavit, # 3 Exhibit C, K. Lewis Affidavit, # 4 Exhibit D, M. Rushing Affidavit)(Teeuwissen, Pieter) (Entered: 07/22/2019)

1 Exhibit A, S. Green Affidavit

View on PACER

2 Exhibit B, C. Davis Affidavit

View on PACER

3 Exhibit C, K. Lewis Affidavit

View on PACER

4 Exhibit D, M. Rushing Affidavit

View on PACER

July 22, 2019

July 22, 2019

PACER

DOCKET ANNOTATION as to 37 : 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. (VM)

Aug. 5, 2019

Aug. 5, 2019

PACER
37

REPLY to Response to Motion re 30 MOTION for Order to Show Cause Why Defendants Should Not Be Held In Contempt filed by United States of America (Attachments: # 1 Attachment Certificate of Service, # 2 Exhibit A, # 3 Exhibit B)(*Cheng-Federal Gov, Christopher) (Entered: 08/05/2019)

1 Attachment Certificate of Service

View on PACER

2 Exhibit A

View on PACER

3 Exhibit B

View on PACER

Aug. 5, 2019

Aug. 5, 2019

PACER

Docket Annotation

Aug. 6, 2019

Aug. 6, 2019

PACER
38

MOTION to Withdraw as Attorney by Disability Rights Mississippi, J.H. (Owens, Jody) (Entered: 08/09/2019)

Aug. 9, 2019

Aug. 9, 2019

PACER

Order on Motion to Withdraw as Attorney

Aug. 12, 2019

Aug. 12, 2019

PACER

TEXT ONLY ORDER granting 38 Motion to Withdraw as Counsel. Jody E. Owens, II, is granted leave to withdraw as counsel and terminated from the docket. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge John C. Gargiulo on 8/12/19 (HM)

Aug. 12, 2019

Aug. 12, 2019

PACER

Set/Reset Hearings

Aug. 13, 2019

Aug. 13, 2019

PACER

Case Details

State / Territory: Mississippi

Case Type(s):

Jail Conditions

Special Collection(s):

Post-PLRA enforceable consent decrees

Solitary confinement

COVID-19 (novel coronavirus)

Multi-LexSum (in sample)

Key Dates

Filing Date: June 23, 2016

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Civil Rights Division of the U.S. Department of Justice.

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Hinds County (Hinds), County

Defendant Type(s):

Corrections

Case Details

Causes of Action:

Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq.

Constitutional Clause(s):

Due Process

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2016 - None

Content of Injunction:

Receivership

Other requirements regarding hiring, promotion, retention

Implement complaint/dispute resolution process

Monitor/Master

Recordkeeping

Auditing

Monitoring

Training

Issues

General:

Access to lawyers or judicial system

Administrative segregation

Assault/abuse by residents/inmates/students

Assault/abuse by staff

Bathing and hygiene

Classification / placement

Conditions of confinement

Disciplinary procedures

Disciplinary segregation

Excessive force

Failure to discipline

Failure to supervise

Failure to train

Fines/Fees/Bail/Bond

Improper use of canines

Incident/accident reporting & investigations

Law library access

Library (non-law) access

Over/Unlawful Detention

Personal injury

Record-keeping

Recreation / Exercise

Rehabilitation

Religious programs / policies

Sexual abuse by residents/inmates

Staff (number, training, qualifications, wages)

Suicide prevention

Totality of conditions

Youth / Adult separation

Crowding:

Crowding / caseload

COVID-19:

Independent monitor/inspector imposed/assisted

Inspection ordered/regulated

Mitigation Denied

Mitigation Granted

Mitigation Requested

Release Requested

Type of Facility:

Government-run