Case: Burks v. Scott County

3:14-cv-00745 | U.S. District Court for the Southern District of Mississippi

Filed Date: Sept. 23, 2014

Closed Date: June 27, 2019

Clearinghouse coding complete

Case Summary

On September 23, 2014, two Scott County, Mississippi residents who had been arrested and detained filed this class-action lawsuit in the U.S. District Court for the Southern District of Mississippi. Represented by the ACLU and the MacArthur Justice Center, the plaintiffs sued Scott County, an Eighth Circuit Judge, and Scott County Justice Court judges. The plaintiffs filed on behalf of themselves and sought to certify a class of those similarly situated. They brought this class action suit unde…

On September 23, 2014, two Scott County, Mississippi residents who had been arrested and detained filed this class-action lawsuit in the U.S. District Court for the Southern District of Mississippi. Represented by the ACLU and the MacArthur Justice Center, the plaintiffs sued Scott County, an Eighth Circuit Judge, and Scott County Justice Court judges. The plaintiffs filed on behalf of themselves and sought to certify a class of those similarly situated. They brought this class action suit under 42 U.S.C. § 1983, alleging that they were indefinitely detained without individualized bail hearings in Scott County and were indefinitely denied counsel throughout the Eighth Circuit Court District, which violated their Sixth and Fourteenth Amendment rights. The plaintiffs sought monetary damages, attorneys fees, and a declaratory judgment.

After the plaintiffs were arrested in Scott County, the judges set their bail without any individualized hearing or consideration of the bail factors required under state or federal law, including the ability to afford bail and the appropriateness of non-monetary bail options. The bail was set such that the plaintiffs were financially unable to pay the bond or the set percentage of the bond that would be required to secure the bond through a bond company or agent. Additionally, the plaintiffs had to wait more than one month before the court appointed a public defender to represent them, even though they had both completed Affidavits of Indigence and Application of Felony Indigent Counsel. Under Mississippi law, they should have had immediate representation by a public defender after submitting their affidavits and applications. Scott County also enforced a custom and policy of not providing counsel to indigent felony arrestees until they had been indicted, which could take months.

As a result of these practices, felony arrestees in Scott County were routinely detained prior to indictment simply because they were too poor to afford bail. The scarcity of grand jury panels further exacerbated the risk of indefinite pre-indictment detention in Scott County. A felony arrestee could have waited three to five months to learn if he had been indicted and, consequently, to be appointed representation. This meant that felony arrestees did not have attorneys to represent them at their initial appearance where they had to argue for release or reasonable bail.

The plaintiffs alleged that these practices violated the plaintiffs' Sixth and Fourteenth Amendment rights to the assistance of counsel, their Sixth Amendment rights to a speedy trial, their Fourteenth Amendment rights against excessive and punitive pre-indictment detention, and their Fourteenth Amendment rights to an individualized bail hearing and determination.

On September 23, 2014, the plaintiffs filed a motion to certify a class. Following the plaintiffs' filing of an amended complaint, all of the defendants in this case filed motions to dismiss.

On September 30, 2015, Judge Wingate issued an order granting in part and denying in part the defendants' motions to dismiss, and dismissing the plaintiffs' motions to certify a class as moot. The court granted the motions to dismiss of both the Eighth Circuit judge and the Scott County Judge Court judges. Additionally, the court granted Scott County's request to dismiss the plaintiffs' requests for injunctive and/or declaratory relief. However, the court retained the plaintiffs' demand for monetary damages against Scott County. The court stayed that portion of the lawsuit pending the conclusion of state court criminal proceedings. Finally, because the only remaining claims were the plaintiffs' individual damages against the county, the court dismissed the motions to certify classes as moot.

On April 17, 2017 the parties reached a settlement. Accordingly, on June 27, 2017, Judge Henry T. Wingate issued a final judgment--a stipulated declaratory judgment and a settlement agreement. Scott County agreed to provide counsel to all indigent defendants and to provide "applications" for indigent representation within 48 hours of arrest. The plaintiffs agreed that on Scott County's implementation of these orders, no further injunctive relief would be necessary, and therefore agreed to dismiss all claims once that happened. The court retained jurisdiction to enforce the agreement, and the settlement provided for periodic meetings to discuss compliance issues as they arose. The settlement stated that these periodic check-ins were to occur for 24 months after the agreement went into effect, with the potential for future court action if it was not implemented. The case closed in 2019 with no further enforcement action filed.

Summary Authors

Rachel June-Graber (11/13/2015)

Nili Blanck (6/4/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4516039/parties/burks-v-scott-county-mississippi/


Judge(s)

Anderson, Linda Randle (Mississippi)

Wingate, Henry Travillion (Mississippi)

Attorneys(s) for Plaintiff

Buskey, Brandon (New York)

Craig, James W. (New Hampshire)

Edwards, Ezekiel (New York)

Irvin, Charles Baron (Mississippi)

Johnson, J. Clifton II (Mississippi)

Schwartzmann, Katharine Murphy (Louisiana)

Attorneys(s) for Defendant

Allen, William Robert (Mississippi)

Griffith, Daniel J. (Mississippi)

Judge(s)

Anderson, Linda Randle (Mississippi)

Wingate, Henry Travillion (Mississippi)

Attorneys(s) for Plaintiff

Buskey, Brandon (New York)

Craig, James W. (New Hampshire)

Edwards, Ezekiel (New York)

Irvin, Charles Baron (Mississippi)

Johnson, J. Clifton II (Mississippi)

Schwartzmann, Katharine Murphy (Louisiana)

Attorneys(s) for Defendant

Allen, William Robert (Mississippi)

Griffith, Daniel J. (Mississippi)

Mangum, Jason A. (Mississippi)

Matheny, Justin L. (Mississippi)

Miracle, Douglas T. (Mississippi)

Webb, Jeffrey T. (Mississippi)

Documents in the Clearinghouse

Document

3:14-cv-00745

Docket [PACER]

Burks v. Scott County, Mississippi

June 27, 2017

June 27, 2017

Docket
1

3:14-cv-00745

Class Action Complaint

Burks v. Scott County, Mississippi

Sept. 23, 2014

Sept. 23, 2014

Complaint
39

3:14-cv-00745

Amended Class Action Complaint

Burks v. Scott County, Mississippi

Dec. 12, 2014

Dec. 12, 2014

Complaint
85

3:14-cv-00745

Order

Burks v. Scott County, Mississippi

March 27, 2015

March 27, 2015

Order/Opinion
87

3:14-cv-00745

Order

Burks v. Scott County, Mississippi

Sept. 30, 2015

Sept. 30, 2015

Order/Opinion
86

3:14-cv-00745

Order

Burks v. Scott County, Mississippi

Sept. 30, 2015

Sept. 30, 2015

Order/Opinion
108

3:14-cv-00745

Order and Agreement to Settle All Equitable Claims

June 27, 2017

June 27, 2017

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4516039/burks-v-scott-county-mississippi/

Last updated Aug. 5, 2022, 3:10 a.m.

ECF Number Description Date Link Date / Link

Pro Hac Vice fee paid

Sept. 23, 2014

Sept. 23, 2014

PACER
1

COMPLAINT against Mark Duncan, Bill Freeman, Marcus D. Gordon, Mike Lee, Wilbur McCurdy, Scott County, Mississippi ( Filing fee $ 400 receipt number 34643029338), filed by Octavious Burks, Joshua Bassett. (Attachments: # 1 Civil Cover Sheet)(MGB) (Entered: 09/24/2014)

1 Civil Cover Sheet

View on PACER

Sept. 23, 2014

Sept. 23, 2014

RECAP
2

MOTION to Certify Class by Joshua Bassett, Octavious Burks (MGB) (Entered: 09/24/2014)

Sept. 23, 2014

Sept. 23, 2014

PACER
3

MEMORANDUM in Support re 2 MOTION to Certify Class filed by Joshua Bassett, Octavious Burks (Attachments: # 1 Exhibit Letter re: FIC applications, # 2 Exhibit Letter re: FIC applications, # 3 Exhibit Fax from Scott County Correctional, # 4 Exhibit Indictments, # 5 Exhibit Letter re: FIC applications)(MGB) (Entered: 09/24/2014)

1 Exhibit Letter re: FIC applications

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2 Exhibit Letter re: FIC applications

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3 Exhibit Fax from Scott County Correctional

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4 Exhibit Indictments

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5 Exhibit Letter re: FIC applications

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Sept. 23, 2014

Sept. 23, 2014

PACER
4

MOTION for Brandon Buskey to Appear Pro Hac Vice by Joshua Bassett, Octavious Burks (Johnson, Cliff) (Entered: 09/24/2014)

Sept. 24, 2014

Sept. 24, 2014

PACER
5

MOTION for Ezekiel Edwards to Appear Pro Hac Vice by Joshua Bassett, Octavious Burks (Johnson, Cliff) (Entered: 09/24/2014)

Sept. 24, 2014

Sept. 24, 2014

PACER

Order on Motion to Appear Pro Hac Vice

Sept. 26, 2014

Sept. 26, 2014

PACER
6

Summons Issued as to Mark Duncan, Bill Freeman, Marcus D. Gordon, Mike Lee, Wilbur McCurdy, Scott County, Mississippi. (MGB) (Entered: 10/02/2014)

Oct. 2, 2014

Oct. 2, 2014

PACER
7

SUMMONS Returned Executed by Octavious Burks, Joshua Bassett Scott County, Mississippi served on 10/2/2014, answer due 10/23/2014. (Johnson, Cliff) (Entered: 10/02/2014)

Oct. 2, 2014

Oct. 2, 2014

PACER
8

SUMMONS Returned Executed by Octavious Burks, Joshua Bassett Marcus D. Gordon served on 10/2/2014, answer due 10/23/2014. (Johnson, Cliff) (Entered: 10/02/2014)

Oct. 2, 2014

Oct. 2, 2014

PACER
9

SUMMONS Returned Executed by Octavious Burks, Joshua Bassett Mark Duncan served on 10/2/2014, answer due 10/23/2014. (Johnson, Cliff) (Entered: 10/02/2014)

Oct. 2, 2014

Oct. 2, 2014

PACER
10

SUMMONS Returned Executed by Octavious Burks, Joshua Bassett Mike Lee served on 10/2/2014, answer due 10/23/2014. (Johnson, Cliff) (Entered: 10/02/2014)

Oct. 2, 2014

Oct. 2, 2014

PACER
11

SUMMONS Returned Executed by Octavious Burks, Joshua Bassett Wilbur McCurdy served on 10/14/2014, answer due 11/4/2014. (Johnson, Cliff) (Entered: 10/14/2014)

Oct. 14, 2014

Oct. 14, 2014

PACER
12

SUMMONS Returned Executed by Octavious Burks, Joshua Bassett Bill Freeman served on 10/14/2014, answer due 11/4/2014. (Johnson, Cliff) (Entered: 10/14/2014)

Oct. 14, 2014

Oct. 14, 2014

PACER
13

NOTICE of Appearance by Douglas T. Miracle on behalf of Mark Duncan (Miracle, Douglas) (Entered: 10/15/2014)

Oct. 15, 2014

Oct. 15, 2014

PACER
14

NOTICE of Appearance by Justin L. Matheny on behalf of Marcus D. Gordon (Matheny, Justin) (Entered: 10/15/2014)

Oct. 15, 2014

Oct. 15, 2014

PACER
15

MOTION for Extension of Time to File Response/Reply as to 3 Memorandum in Support of Motion, 1 Complaint, 2 MOTION to Certify Class by Mark Duncan (Miracle, Douglas) (Entered: 10/15/2014)

Oct. 15, 2014

Oct. 15, 2014

PACER
16

MOTION for Extension of Time to File Response/Reply as to 3 Memorandum in Support of Motion, 1 Complaint, 2 MOTION to Certify Class by Marcus D. Gordon (Matheny, Justin) (Entered: 10/15/2014)

Oct. 15, 2014

Oct. 15, 2014

PACER
17

ORDER granting 15 Motion for Extension of Time to File Response/Reply re 2 MOTION to Certify Class ; granting 16 Motion for Extension of Time to File Response/Reply re 2 MOTION to Certify Class Responses due by 11/24/2014 Signed by District Judge Henry T. Wingate on 10/29/14 (TRS) (Entered: 10/29/2014)

Oct. 29, 2014

Oct. 29, 2014

PACER
18

MOTION to Dismiss for Lack of Subject Matter Jurisdiction and Other Grounds by Mark Duncan (Attachments: # 1 Exhibit A - Burkes Federal Grand Jury Charge, # 2 Exhibit B - Burkes Criminal Docket for Case Number 3:14-cr-00121-DPJ-LRA-1, # 3 Exhibit C - Burkes Federal Court Detention Order Pending Trial, # 4 Exhibit D - Burkes Federal Plea Agreement, # 5 Exhibit E - Bassetts General Information Sheet on Criminal Charge, # 6 Exhibit F - Officers Report from; Bassetts Arrest, # 7 Exhibit G - Bassetts Recognizance Bond)(Miracle, Douglas) (Entered: 11/24/2014)

1 Exhibit A - Burkes Federal Grand Jury Charge

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2 Exhibit B - Burkes Criminal Docket for Case Number 3:14-cr-00121-DPJ-LRA-1

View on PACER

3 Exhibit C - Burkes Federal Court Detention Order Pending Trial

View on PACER

4 Exhibit D - Burkes Federal Plea Agreement

View on PACER

5 Exhibit E - Bassetts General Information Sheet on Criminal Charge

View on PACER

6 Exhibit F - Officers Report from; Bassetts Arrest

View on PACER

7 Exhibit G - Bassetts Recognizance Bond

View on PACER

Nov. 24, 2014

Nov. 24, 2014

PACER
19

MEMORANDUM in Support re 18 MOTION to Dismiss for Lack of Subject Matter Jurisdiction and Other Grounds filed by Mark Duncan (Miracle, Douglas) (Entered: 11/24/2014)

Nov. 24, 2014

Nov. 24, 2014

PACER
20

MOTION to Dismiss for Lack of Subject Matter Jurisdiction and Other Grounds by Marcus D. Gordon (Attachments: # 1 Exhibit A - Burkes Federal Grand Jury Charge, # 2 Exhibit B - Burkes Criminal Docket for Case Number 3:14-cr-00121-DPJ-LRA-1, # 3 Exhibit C - Burkes Federal Court Detention Order Pending Trial, # 4 Exhibit D - Burkes Federal Plea Agreement, # 5 Exhibit E - Bassetts General Information Sheet on Criminal Charge, # 6 Exhibit F - Officers Report from; Bassetts Arrest, # 7 Exhibit G - Bassetts Recognizance Bond)(Matheny, Justin) (Entered: 11/24/2014)

1 Exhibit A - Burkes Federal Grand Jury Charge

View on PACER

2 Exhibit B - Burkes Criminal Docket for Case Number 3:14-cr-00121-DPJ-LRA-1

View on PACER

3 Exhibit C - Burkes Federal Court Detention Order Pending Trial

View on PACER

4 Exhibit D - Burkes Federal Plea Agreement

View on PACER

5 Exhibit E - Bassetts General Information Sheet on Criminal Charge

View on PACER

6 Exhibit F - Officers Report from; Bassetts Arrest

View on PACER

7 Exhibit G - Bassetts Recognizance Bond

View on PACER

Nov. 24, 2014

Nov. 24, 2014

PACER
21

MEMORANDUM in Support re 20 MOTION to Dismiss for Lack of Subject Matter Jurisdiction and Other Grounds filed by Marcus D. Gordon (Matheny, Justin) (Entered: 11/24/2014)

Nov. 24, 2014

Nov. 24, 2014

PACER
22

RESPONSE in Opposition re 2 MOTION to Certify Class filed by Mark Duncan (Miracle, Douglas) (Entered: 11/24/2014)

Nov. 24, 2014

Nov. 24, 2014

PACER
23

MEMORANDUM IN SUPPORT re 22 Response in Opposition to Motion for Class Certification filed by Mark Duncan (Miracle, Douglas) (Entered: 11/24/2014)

Nov. 24, 2014

Nov. 24, 2014

PACER
24

Joinder in Document by Marcus D. Gordon to 23 Memorandum in Support filed by Mark Duncan, 22 Response in Opposition to Motion filed by Mark Duncan (Matheny, Justin) (Entered: 11/24/2014)

Nov. 24, 2014

Nov. 24, 2014

PACER
25

ANSWER to 1 Complaint, by Mike Lee, Scott County, Mississippi.(Allen, William) (Entered: 11/24/2014)

Nov. 24, 2014

Nov. 24, 2014

PACER
26

MOTION to Dismiss by Mike Lee, Scott County, Mississippi (Allen, William) (Entered: 11/24/2014)

Nov. 24, 2014

Nov. 24, 2014

PACER
27

MEMORANDUM in Support re 26 MOTION to Dismiss filed by Mike Lee, Scott County, Mississippi (Allen, William) (Entered: 11/24/2014)

Nov. 24, 2014

Nov. 24, 2014

PACER
28

Joinder in Document by Mike Lee, Scott County, Mississippi to 23 Memorandum in Support filed by Mark Duncan, 22 Response in Opposition to Motion filed by Mark Duncan (Allen, William) (Entered: 11/24/2014)

Nov. 24, 2014

Nov. 24, 2014

PACER
29

NOTICE of Appearance by Daniel J. Griffith on behalf of Bill Freeman, Wilbur McCurdy (Griffith, Daniel) (Entered: 11/24/2014)

Nov. 24, 2014

Nov. 24, 2014

PACER
30

ANSWER to 1 Complaint, by Bill Freeman, Wilbur McCurdy.(Griffith, Daniel) (Entered: 11/24/2014)

Nov. 24, 2014

Nov. 24, 2014

PACER
31

Joinder in Document by Bill Freeman, Wilbur McCurdy to 26 MOTION to Dismiss filed by Scott County, Mississippi, Mike Lee, 23 Memorandum in Support filed by Mark Duncan, 27 Memorandum in Support of Motion filed by Scott County, Mississippi, Mike Lee, 22 Response in Opposition to Motion filed by Mark Duncan (Griffith, Daniel) (Entered: 11/24/2014)

Nov. 24, 2014

Nov. 24, 2014

PACER
32

MOTION to Dismiss by Bill Freeman, Wilbur McCurdy (Attachments: # 1 Exhibit A - Orders Recusing Judges)(Griffith, Daniel) (Entered: 11/24/2014)

1 Exhibit A - Orders Recusing Judges

View on PACER

Nov. 24, 2014

Nov. 24, 2014

PACER
33

ORDER STAYING DISCOVERY not related to the immunity defense or jurisdictional defense issues pending a ruling on the motions filed herein. Signed by Magistrate Judge Linda R. Anderson on 11/25/2014. (WG) (Entered: 11/25/2014)

Nov. 25, 2014

Nov. 25, 2014

PACER
34

MOTION for Extension of Time to File Response/Reply as to 22 Response in Opposition to 2 Motion for Class Certification by Joshua Bassett, Octavious Burks (Johnson, Cliff) Modified on 12/2/2014 (PKM). (Entered: 12/01/2014)

Dec. 1, 2014

Dec. 1, 2014

PACER

Docket Annotation

Dec. 2, 2014

Dec. 2, 2014

PACER

Docket Annotation

Dec. 5, 2014

Dec. 5, 2014

PACER
35

**ERROR** Disregard this entry **ORDER granting 34 Motion for Extension of Time to File Response/Reply re 2 MOTION to Certify Class Responses due by 12/8/2014 Signed by District Judge Henry T. Wingate on 12/5/14 (TRS) Modified on 12/5/2014 (MGB). (Entered: 12/05/2014)

Dec. 5, 2014

Dec. 5, 2014

PACER
36

ORDER GRANTING 34 MOTION for Extension of Time to File Response/Reply as to 22 Response in Opposition to Motion filed by Joshua Bassett, Octavious Burks. Plaintiff shall have up to and including December 8 to file their Reply in Support of Motion to Certify Class. Signed by District Judge Henry T. Wingate on 12/5/14 (TRS) (Entered: 12/05/2014)

Dec. 5, 2014

Dec. 5, 2014

PACER
37

MOTION to Stay Proceedings by Joshua Bassett, Octavious Burks (Johnson, Cliff) (Entered: 12/05/2014)

Dec. 5, 2014

Dec. 5, 2014

PACER
38

Amended MOTION to Stay Proceedings by Joshua Bassett, Octavious Burks (Johnson, Cliff) (Entered: 12/08/2014)

Dec. 8, 2014

Dec. 8, 2014

PACER
39

AMENDED COMPLAINT against Mark Duncan, Bill Freeman, Marcus D. Gordon, Wilbur McCurdy, Scott County, Mississippi, filed by Octavious Burks, Joshua Bassett.(Johnson, Cliff) (Entered: 12/12/2014)

Dec. 12, 2014

Dec. 12, 2014

PACER
40

ORDER granting 37 Motion to Stay Proceedings; granting 38 Motion to Stay Proceedings Signed by District Judge Henry T. Wingate on 12/22/14 (TRS) (Entered: 12/23/2014)

Dec. 23, 2014

Dec. 23, 2014

PACER
41

ANSWER to 39 Amended Complaint by Marcus D. Gordon.(Matheny, Justin) (Entered: 01/16/2015)

Jan. 16, 2015

Jan. 16, 2015

PACER
42

ANSWER to 39 Amended Complaint by Mark Duncan.(Miracle, Douglas) (Entered: 01/16/2015)

Jan. 16, 2015

Jan. 16, 2015

PACER
43

ANSWER to 39 Amended Complaint by Bill Freeman, Wilbur McCurdy.(Griffith, Daniel) (Entered: 01/16/2015)

Jan. 16, 2015

Jan. 16, 2015

PACER
44

ANSWER to 39 Amended Complaint by Scott County, Mississippi.(Allen, William) (Entered: 01/16/2015)

Jan. 16, 2015

Jan. 16, 2015

PACER
45

MOTION to Dismiss by Scott County, Mississippi (Allen, William) (Entered: 01/16/2015)

Jan. 16, 2015

Jan. 16, 2015

PACER
46

MEMORANDUM in Support re 45 MOTION to Dismiss filed by Scott County, Mississippi (Allen, William) (Entered: 01/16/2015)

Jan. 16, 2015

Jan. 16, 2015

PACER
47

Joinder in Document by Bill Freeman, Wilbur McCurdy to 46 Memorandum in Support of Motion filed by Scott County, Mississippi, 45 MOTION to Dismiss filed by Scott County, Mississippi (Griffith, Daniel) (Entered: 01/22/2015)

Jan. 22, 2015

Jan. 22, 2015

PACER
48

MOTION to Dismiss Doc 39 Plaintiffs' Amended Complaint by Bill Freeman, Wilbur McCurdy (Attachments: # 1 Exhibit A - Recusal Orders for Judges Freeman and McCurdy)(Griffith, Daniel) (Entered: 01/22/2015)

1 Exhibit A - Recusal Orders for Judges Freeman and McCurdy

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Jan. 22, 2015

Jan. 22, 2015

PACER
49

MOTION to Amend/Correct 33, Order Staying Discovery, Court's Order So As To Allow Discovery on Matters Related To Class Certification by Joshua Bassett, Octavious Burks (Johnson, Cliff) Modified on 2/10/2015 (PKM). (Entered: 02/09/2015)

Feb. 9, 2015

Feb. 9, 2015

PACER
50

MEMORANDUM in Support re 49 MOTION to Amend/Correct Court's Order So As To Allow Discovery on Matters Related To Class Certification filed by Joshua Bassett, Octavious Burks (Johnson, Cliff) (Entered: 02/09/2015)

Feb. 9, 2015

Feb. 9, 2015

PACER
51

Supplemental MOTION to Certify Class (Re-Assertion) by Joshua Bassett, Octavious Burks (Johnson, Cliff) (Entered: 02/09/2015)

Feb. 9, 2015

Feb. 9, 2015

PACER
52

MEMORANDUM in Support re 51 Supplemental MOTION to Certify Class (Re-Assertion) filed by Joshua Bassett, Octavious Burks (Johnson, Cliff) (Entered: 02/09/2015)

Feb. 9, 2015

Feb. 9, 2015

PACER
53

MOTION for Judgment on the Pleadings by Marcus D. Gordon (Attachments: # 1 Exhibit 1 - January 26, 2015 Burks Judgment, # 2 Exhibit 2 - December 6, 2014 Bassett Indictment)(Matheny, Justin) (Entered: 02/09/2015)

1 Exhibit 1 - January 26, 2015 Burks Judgment

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2 Exhibit 2 - December 6, 2014 Bassett Indictment

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Feb. 9, 2015

Feb. 9, 2015

PACER
54

MEMORANDUM in Support re 53 MOTION for Judgment on the Pleadings filed by Marcus D. Gordon (Matheny, Justin) (Entered: 02/09/2015)

Feb. 9, 2015

Feb. 9, 2015

PACER
55

Joinder in Document by Mark Duncan to 53 MOTION for Judgment on the Pleadings filed by Marcus D. Gordon (Miracle, Douglas) (Entered: 02/09/2015)

Feb. 9, 2015

Feb. 9, 2015

PACER
56

Joinder in Document by Mark Duncan to 54 Memorandum in Support of Motion filed by Marcus D. Gordon (Miracle, Douglas) (Entered: 02/09/2015)

Feb. 9, 2015

Feb. 9, 2015

PACER

Docket Annotation

Feb. 10, 2015

Feb. 10, 2015

PACER
57

RESPONSE in Opposition re 49 MOTION to Amend/Correct Court's Order So As To Allow Discovery on Matters Related To Class Certification filed by Marcus D. Gordon (Matheny, Justin) (Entered: 02/23/2015)

Feb. 23, 2015

Feb. 23, 2015

PACER
58

MEMORANDUM IN SUPPORT re 57 Response in Opposition to Motion filed by Marcus D. Gordon (Matheny, Justin) (Entered: 02/23/2015)

Feb. 23, 2015

Feb. 23, 2015

PACER
59

Joinder in Document by Mark Duncan to 57 Response in Opposition to Motion filed by Marcus D. Gordon (Miracle, Douglas) (Entered: 02/23/2015)

Feb. 23, 2015

Feb. 23, 2015

PACER
60

Joinder in Document by Mark Duncan to 58 Memorandum in Support filed by Marcus D. Gordon (Miracle, Douglas) (Entered: 02/23/2015)

Feb. 23, 2015

Feb. 23, 2015

PACER
61

AGREED ORDER granting extension of time to file responses to 32 MOTION to Dismiss filed by Bill Freeman, Wilbur McCurdy, 20 MOTION to Dismiss for Lack of Subject Matter Jurisdiction and Other Grounds filed by Marcus D. Gordon, 48 MOTION to Dismiss Doc 39 Plaintiffs' Amended Complaint filed by Bill Freeman, Wilbur McCurdy, 45 MOTION to Dismiss filed by Scott County, Mississippi, 18 MOTION to Dismiss for Lack of Subject Matter Jurisdiction and Other Grounds filed by Mark Duncan. Plaintiffs responses to Defendants' pending Motions may be filed on or before March 6, 2015. Defendants are granted until March 6, 2015, to file responses to Plaintiffs' pending Motions. Signed by District Judge Henry T. Wingate on 02/24/15 (TRS) Modified on 2/27/2015 (TRS). (Entered: 02/26/2015)

Feb. 26, 2015

Feb. 26, 2015

PACER

Notice of Hearing on Motion

March 4, 2015

March 4, 2015

PACER
62

RESPONSE in Opposition re 51 Supplemental MOTION to Certify Class (Re-Assertion) filed by Mark Duncan (Miracle, Douglas) (Entered: 03/06/2015)

March 6, 2015

March 6, 2015

PACER
63

MEMORANDUM in Opposition re 51 Supplemental MOTION to Certify Class (Re-Assertion) filed by Mark Duncan (Miracle, Douglas) (Entered: 03/06/2015)

March 6, 2015

March 6, 2015

PACER
64

NOTICE of Change of Address by James W. Craig (Craig, James) (Entered: 03/06/2015)

March 6, 2015

March 6, 2015

PACER
65

Rebuttal re 49 MOTION to Amend/Correct Court's Order So As To Allow Discovery on Matters Related To Class Certification filed by Joshua Bassett, Octavious Burks (Craig, James) (Entered: 03/06/2015)

March 6, 2015

March 6, 2015

PACER
66

RESPONSE to Motion re 53 MOTION for Judgment on the Pleadings filed by Joshua Bassett, Octavious Burks (Craig, James) (Entered: 03/06/2015)

March 6, 2015

March 6, 2015

PACER
67

Joinder in Document by Marcus D. Gordon to 62 Response in Opposition to Motion filed by Mark Duncan (Matheny, Justin) (Entered: 03/06/2015)

March 6, 2015

March 6, 2015

PACER
68

Joinder in Document by Marcus D. Gordon to 63 Memorandum in Opposition to Motion filed by Mark Duncan (Matheny, Justin) (Entered: 03/06/2015)

March 6, 2015

March 6, 2015

PACER
69

RESPONSE in Opposition re 49 MOTION to Amend/Correct Court's Order So As To Allow Discovery on Matters Related To Class Certification filed by Scott County, Mississippi (Allen, William) (Entered: 03/06/2015)

March 6, 2015

March 6, 2015

PACER
70

Joinder in Document by Bill Freeman, Wilbur McCurdy to 54 Memorandum in Support of Motion filed by Marcus D. Gordon, 53 MOTION for Judgment on the Pleadings filed by Marcus D. Gordon (Griffith, Daniel) (Entered: 03/06/2015)

March 6, 2015

March 6, 2015

PACER
71

Joinder in Document by Bill Freeman, Wilbur McCurdy to 58 Memorandum in Support filed by Marcus D. Gordon, 57 Response in Opposition to Motion filed by Marcus D. Gordon (Griffith, Daniel) (Entered: 03/06/2015)

March 6, 2015

March 6, 2015

PACER
72

Joinder in Document by Scott County, Mississippi to 62 Response in Opposition to Motion filed by Mark Duncan, 63 Memorandum in Opposition to Motion filed by Mark Duncan (Allen, William) (Entered: 03/06/2015)

March 6, 2015

March 6, 2015

PACER
73

Joinder in Document by Bill Freeman, Wilbur McCurdy to 62 Response in Opposition to Motion filed by Mark Duncan, 63 Memorandum in Opposition to Motion filed by Mark Duncan (Griffith, Daniel) (Entered: 03/06/2015)

March 6, 2015

March 6, 2015

PACER
74

Joinder in Document by Bill Freeman, Wilbur McCurdy to 69 Response in Opposition to Motion filed by Scott County, Mississippi (Griffith, Daniel) (Entered: 03/06/2015)

March 6, 2015

March 6, 2015

PACER
75

RESPONSE in Opposition re 32 MOTION to Dismiss, 48 MOTION to Dismiss Doc 39 Plaintiffs' Amended Complaint, 45 MOTION to Dismiss filed by Scott County and Joined By Justice Court Judges Freeman and McCurdy filed by Joshua Bassett, Octavious Burks (Craig, James) (Entered: 03/06/2015)

March 6, 2015

March 6, 2015

PACER
76

RESPONSE in Opposition re 32 MOTION to Dismiss, 48 MOTION to Dismiss Doc 39 Plaintiffs' Amended Complaint filed by Justice Court Judges Freeman and McCurdy filed by Joshua Bassett, Octavious Burks (Craig, James) (Entered: 03/06/2015)

March 6, 2015

March 6, 2015

PACER
77

REPLY to Response to Motion re 76 Response in Opposition to Motion, 48 MOTION to Dismiss Doc 39 Plaintiffs' Amended Complaint filed by Bill Freeman, Wilbur McCurdy (Griffith, Daniel) (Entered: 03/16/2015)

March 16, 2015

March 16, 2015

PACER
78

RESPONSE in Opposition re 49 MOTION to Amend/Correct Court's Order So As To Allow Discovery on Matters Related To Class Certification (Response to Scott County Opposition) filed by Joshua Bassett, Octavious Burks (Craig, James) (Entered: 03/17/2015)

March 17, 2015

March 17, 2015

PACER
79

RESPONSE in Support re 51 Supplemental MOTION to Certify Class (Re-Assertion), 2 MOTION to Certify Class filed by Joshua Bassett, Octavious Burks (Craig, James) (Entered: 03/17/2015)

March 17, 2015

March 17, 2015

PACER
80

Unopposed MOTION for Leave to File Excess Pages by Marcus D. Gordon (Matheny, Justin) (Entered: 03/19/2015)

March 19, 2015

March 19, 2015

PACER
81

MEMORANDUM in Support re 80 Unopposed MOTION for Leave to File Excess Pages filed by Marcus D. Gordon (Matheny, Justin) (Entered: 03/19/2015)

March 19, 2015

March 19, 2015

PACER
82

Rebuttal re 20 MOTION to Dismiss for Lack of Subject Matter Jurisdiction and Other Grounds filed by Marcus D. Gordon (Matheny, Justin) (Entered: 03/19/2015)

March 19, 2015

March 19, 2015

PACER
83

Joinder in Document by Mark Duncan to 82 Rebuttal filed by Marcus D. Gordon (Miracle, Douglas) (Entered: 03/19/2015)

March 19, 2015

March 19, 2015

PACER
84

Rebuttal re 75 Response in Opposition to Motion, 45 MOTION to Dismiss filed by Scott County, Mississippi (Allen, William) (Entered: 03/20/2015)

March 20, 2015

March 20, 2015

PACER

Motion Hearing

March 27, 2015

March 27, 2015

PACER
85

ORDER finding as moot 32 Motion to Dismiss; granting 80 Motion for Leave to File Excess Pages; finding as moot 18 Motion to Dismiss; finding as moot 20 Motion to Dismiss; finding as moot 26 Motion to Dismiss Signed by District Judge Henry T. Wingate on 3/27/15 (TRS) (Entered: 03/27/2015)

March 27, 2015

March 27, 2015

PACER
86

ORDER granting in part and denying in part 45 Motion to Dismiss; granting 48 Motion to Dismiss; finding as moot 51 Motion to Certify Class; granting 53 Motion for Judgment on the Pleadings; finding as moot 2 Motion to Certify Class Signed by District Judge Henry T. Wingate on 9/30/15 (TRS) (Entered: 09/30/2015)

Sept. 30, 2015

Sept. 30, 2015

RECAP
87

ORDER dismissing as moot 49 Motion to Amend/Correct Signed by District Judge Henry T. Wingate on 9/30/15 (TRS) (Entered: 09/30/2015)

Sept. 30, 2015

Sept. 30, 2015

PACER
88

MOTION for Reconsideration re 86 Order on Motion to Dismiss,, Order on Motion to Certify Class, Order on Motion for Judgment on the Pleadings,,,,,, by Joshua Bassett, Octavious Burks (Craig, James) (Entered: 10/28/2015)

Oct. 28, 2015

Oct. 28, 2015

PACER
89

**ERROR**Disregard this entry. MOTION for Reconsideration (Memorandum in Support) by Joshua Bassett, Octavious Burks (Craig, James) Modified on 10/29/2015 (PKM). (Entered: 10/28/2015)

Oct. 28, 2015

Oct. 28, 2015

PACER

Docket Annotation

Oct. 29, 2015

Oct. 29, 2015

PACER
90

MEMORANDUM in Support re 88 MOTION for Reconsideration re 86 Order on Motion to Dismiss,, Order on Motion to Certify Class, Order on Motion for Judgment on the Pleadings,,,,,,, 86 Order on Motion to Dismiss,, Order on Motion to Certify Class, Order on Motion for Judgment on the Pleadings,,,,,, filed by Joshua Bassett, Octavious Burks (Craig, James) (Entered: 10/29/2015)

Oct. 29, 2015

Oct. 29, 2015

PACER
91

MOTION for Extension of Time to File Response/Reply as to 88 MOTION for Reconsideration re 86 Order on Motion to Dismiss,, Order on Motion to Certify Class, Order on Motion for Judgment on the Pleadings,,,,,, by Marcus D. Gordon (Matheny, Justin) (Entered: 11/02/2015)

Nov. 2, 2015

Nov. 2, 2015

PACER
92

Second MOTION for Extension of Time to File Response/Reply to Plaintiffs' Motion for Reconsideration by Mark Duncan (Miracle, Douglas) (Entered: 11/20/2015)

Nov. 20, 2015

Nov. 20, 2015

PACER

Case Details

State / Territory: Mississippi

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Fines/Fees/Bail Reform (Criminalization of Poverty)

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 23, 2014

Closing Date: June 27, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are private citizens of Scott County, Mississippi who were arrested and detained in Scott County.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

MacArthur Justice Center

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Scott County, Mississippi (Scott), County

Justice Court Judges for Scott County (Scott), County

Eight Circuit Court District of Mississippi, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Declaratory Judgment

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2017 - 2019

Content of Injunction:

Goals (e.g., for hiring, admissions)

Recordkeeping

Reporting

Required disclosure

Issues

Reproductive rights:

Fetus Identity

General:

Access to lawyers or judicial system

Courts

Fines/Fees/Bail/Bond

Over/Unlawful Detention

Poverty/homelessness

Records Disclosure