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

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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 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.

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Summary Authors

Rachel June-Graber (11/13/2015)

Nili Blanck (6/4/2020)

People

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

Judge(s)

Anderson, Linda Randle (Mississippi)

Attorney for Plaintiff

Buskey, Brandon (New York)

Craig, James W. (New Hampshire)

Edwards, Ezekiel (New York)

Attorney for Defendant

Allen, William Robert (Mississippi)

Judge(s)

Anderson, Linda Randle (Mississippi)

Wingate, Henry Travillion (Mississippi)

Attorney 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)

Attorney 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)

Attorney Contact Information via CourtListener

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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

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Resources

Title	Description		External URL Date / External URL
BURKS, ET AL. V. SCOTT COUNTY, MISSISSIPPI American Civil Liberties Union	After learning that the Scott County Detention Center in Mississippi has held people for as long as a year without indicting them or appointing counsel, the American Civil Liberties Union, the ACLU o…	June 27, 2017	June 27, 2017 https://www.aclu.org/...
DOJ Dear Colleague Letter to Courts Regarding Fines and Fees for Youth and Adults U.S. Department of Justice	The DOJ issued a Dear Colleague letter for state and local courts and juvenile justice agencies regarding the imposition and enforcement of fines and fees for adults and youth. The letter highlights …	April 20, 2023	April 20, 2023 https://www.justice.gov/...

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Docket

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

Last updated June 28, 2023, 3:14 a.m.

ECF Number	Description	Date	Link Date / Link
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 View on PACER 2 Exhibit Letter re: FIC applications View on PACER 3 Exhibit Fax from Scott County Correctional View on PACER 4 Exhibit Indictments View on PACER 5 Exhibit Letter re: FIC applications View on PACER	Sept. 23, 2014	Sept. 23, 2014 PACER
	Pro Hac Vice fee paid	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 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
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
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
	Docket Annotation	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 View on PACER	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 View on PACER 2 Exhibit 2 - December 6, 2014 Bassett Indictment View on PACER	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
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
	Motion Hearing	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	ERRORDisregard 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
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
	Docket Annotation	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