Case: Campaign for Southern Equality v. Mississippi Department of Human Services

3:15-cv-00578 | U.S. District Court for the Southern District of Mississippi

Filed Date: Aug. 8, 2015

Closed Date: 2016

Clearinghouse coding complete

Case Summary

On August 8, 2015, same-sex couples seeking to adopt in Mississippi and civil rights organizations filed this lawsuit in the U.S District Court for the Southern District of Mississippi. The plaintiffs sued, at various times, the Mississippi Department of Human Services, the Governor of Mississippi, the Mississippi DOJ, and the Mississippi judiciary under 42 U.S § 1983. Represented by private counsel, the plaintiffs asked for injunctive and declaratory relief, claiming that enforcement of the Mi…

On August 8, 2015, same-sex couples seeking to adopt in Mississippi and civil rights organizations filed this lawsuit in the U.S District Court for the Southern District of Mississippi. The plaintiffs sued, at various times, the Mississippi Department of Human Services, the Governor of Mississippi, the Mississippi DOJ, and the Mississippi judiciary under 42 U.S § 1983. Represented by private counsel, the plaintiffs asked for injunctive and declaratory relief, claiming that enforcement of the Mississippi statuary ban on same-sex adoptions violated the Fourteenth Amendment’s equal protection and due process clauses in light of the Supreme Court’s recent decision in Obergefell v. Hodges.

The case was assigned to Judge Daniel P. Jordan. In his words, the state presented a tepid defense of the ban's constitutionality, focusing on procedural rather than substantive questions. Judge Jordan ultimately dismissed the lawsuits against all defendants but the Mississippi Department of Human Services on procedural grounds, but granted full preliminary injunctive relief to plaintiffs against the Mississippi Department of Human Services on May 13, 2016, 2016 WL 1306202, and converted the preliminary injunction into a permanent injunction two months later. (The state apparently agreed to the permanent injunction--submitting it for the court's approval. We don't know whether that was because the state had conceded, or whether it was facilitating entry of a final order to allow immediate appeal.)

Summary Authors

Ryan Berry (5/18/2016)

Kelly Ehrenreich (10/27/2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4302486/parties/campaign-for-southern-equality-v-mississippi-department-of-human-services/


Judge(s)
Attorney for Plaintiff

Allen, David George (Mississippi)

Antar, Mark Nathan (Mississippi)

Attorney for Defendant

Anderson, Erika E (Mississippi)

Expert/Monitor/Master/Other

Aldridge, Meredith McCollum (Mississippi)

Bardwell, William B. (Mississippi)

Documents in the Clearinghouse

Documents in this case

3:15-cv-00578

Docket [PACER]

May 13, 2016

May 13, 2016

Docket
1

3:15-cv-00578

Complaint for Declaratory and Injunctive Relief

Campaign for Southern Equality v. Mississippi Department of Human Services

Aug. 12, 2015

Aug. 12, 2015

Complaint
23

3:15-cv-00578

First Amended Complaint for Declaratory and Injunctive Relief

Campaign for Southern Equality v. Mississippi Department of Human Services

Sept. 11, 2015

Sept. 11, 2015

Complaint
67

3:15-cv-00578

Order

March 31, 2016

March 31, 2016

Order/Opinion

175 F.Supp.3d 691

70

3:15-cv-00578

Order Granting Motion to Convert Preliminary Injunction Order into Permanent Injunction and Final Judgment

May 13, 2016

May 13, 2016

Order/Opinion
71

3:15-cv-00578

Judgment

May 13, 2016

May 13, 2016

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4302486/campaign-for-southern-equality-v-mississippi-department-of-human-services/

Last updated April 9, 2025, 10:59 a.m.

Docket for: Campaign for Southern Equality v. Mississippi Department of Human Services
ECF Number Date Description Link
Aug. 12, 2015

Pro Hac Vice fee paid for Roberta Kaplan receipt number 0538−3006172 $ 100 (McDuff, Robert) (Entered: 08/12/2015)

PACER
Aug. 12, 2015

Pro Hac Vice fee paid for Joshua Kaye receipt number 0538−3006193 $ 100 (McDuff, Robert) (Entered: 08/12/2015)

PACER
Aug. 12, 2015

Pro Hac Vice fee paid for Alexia Koritz receipt number 0538−3006218 $ 100 (McDuff, Robert) (Entered: 08/12/2015)

PACER
Aug. 12, 2015

Pro Hac Vice fee paid for Jacob Hupart receipt number 0538−3006231 $ 100 (McDuff, Robert) (Entered: 08/12/2015)

PACER
Aug. 12, 2015

Pro Hac Vice fee paid for Andrew Ehrlich receipt number 0538−3006241 $ 100 (McDuff, Robert) (Entered: 08/12/2015)

PACER
1 Aug. 12, 2015

COMPLAINT against Richard Berry, Phil Bryant, Jim Hood, Mississippi Department of Human Services ( Filing fee $ 400 receipt number 34643034774), filed by Family Equality Council, Donna Phillips, Kathryn Garner, Brittany Rowell, Susan Hrostowski, Tinora Sweeten-Lunsford, Campaign for Southern Equality, Kari Lunsford, Janet Smith, Jessica Harbuck. (Attachments: # 1 Civil Cover Sheet).(RRL) (Entered: 08/12/2015)

1 Civil Cover Sheet

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2 Aug. 12, 2015

Summons Issued as to Richard Berry, Phil Bryant, Jim Hood, Mississippi Department of Human Services. (RRL) (Entered: 08/12/2015)

RECAP
3 Aug. 12, 2015

MOTION for Roberta Kaplan to Appear Pro Hac Vice by Campaign for Southern Equality, Family Equality Council, Kathryn Garner, Jessica Harbuck, Susan Hrostowski, Kari Lunsford, Donna Phillips, Brittany Rowell, Janet Smith, Tinora Sweeten-Lunsford (Attachments: # 1 Exhibit Certificate of good standing)(McDuff, Robert) (Entered: 08/12/2015)

1 Exhibit Certificate of good standing

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4 Aug. 12, 2015

MOTION for Joshua Kaye to Appear Pro Hac Vice by Campaign for Southern Equality, Family Equality Council, Kathryn Garner, Jessica Harbuck, Susan Hrostowski, Kari Lunsford, Donna Phillips, Brittany Rowell, Janet Smith, Tinora Sweeten-Lunsford (Attachments: # 1 Exhibit Joshua Kaye certificate of good standing)(McDuff, Robert) (Entered: 08/12/2015)

1 Exhibit Joshua Kaye certificate of good standing

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5 Aug. 12, 2015

MOTION for Alexia Koritz to Appear Pro Hac Vice by Campaign for Southern Equality, Family Equality Council, Kathryn Garner, Jessica Harbuck, Susan Hrostowski, Kari Lunsford, Donna Phillips, Brittany Rowell, Janet Smith, Tinora Sweeten-Lunsford (Attachments: # 1 Exhibit Alexia Koritz certificate of good standing)(McDuff, Robert) (Entered: 08/12/2015)

1 Exhibit Alexia Koritz certificate of good standing

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6 Aug. 12, 2015

MOTION for Jacob Hupart to Appear Pro Hac Vice by Campaign for Southern Equality, Family Equality Council, Kathryn Garner, Jessica Harbuck, Susan Hrostowski, Kari Lunsford, Donna Phillips, Brittany Rowell, Janet Smith, Tinora Sweeten-Lunsford (Attachments: # 1 Exhibit Jacob Hupart certificate of good standing)(McDuff, Robert) (Entered: 08/12/2015)

1 Exhibit Jacob Hupart certificate of good standing

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7 Aug. 12, 2015

MOTION for Andrew Ehrlich to Appear Pro Hac Vice by Campaign for Southern Equality, Family Equality Council, Kathryn Garner, Jessica Harbuck, Susan Hrostowski, Kari Lunsford, Donna Phillips, Brittany Rowell, Janet Smith, Tinora Sweeten-Lunsford (Attachments: # 1 Exhibit Andrew Ehrlich certificate of good standing)(McDuff, Robert) (Entered: 08/12/2015)

1 Exhibit Andrew Ehrlich certificate of good standing

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8 Aug. 13, 2015

SUMMONS Returned Executed by Family Equality Council, Donna Phillips, Kathryn Garner, Brittany Rowell, Susan Hrostowski, Tinora Sweeten-Lunsford, Campaign for Southern Equality, Kari Lunsford, Janet Smith, Jessica Harbuck Phil Bryant served on 8/12/2015, answer due 9/2/2015. (McDuff, Robert) (Entered: 08/13/2015)

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9 Aug. 13, 2015

SUMMONS Returned Executed by Family Equality Council, Donna Phillips, Kathryn Garner, Brittany Rowell, Susan Hrostowski, Tinora Sweeten-Lunsford, Campaign for Southern Equality, Kari Lunsford, Janet Smith, Jessica Harbuck Richard Berry served on 8/12/2015, answer due 9/2/2015. (McDuff, Robert) (Entered: 08/13/2015)

RECAP
10 Aug. 13, 2015

SUMMONS Returned Executed by Family Equality Council, Donna Phillips, Kathryn Garner, Brittany Rowell, Susan Hrostowski, Tinora Sweeten-Lunsford, Campaign for Southern Equality, Kari Lunsford, Janet Smith, Jessica Harbuck Jim Hood served on 8/12/2015, answer due 9/2/2015. (McDuff, Robert) (Entered: 08/13/2015)

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11 Aug. 13, 2015

SUMMONS Returned Executed by Family Equality Council, Donna Phillips, Kathryn Garner, Brittany Rowell, Susan Hrostowski, Tinora Sweeten-Lunsford, Campaign for Southern Equality, Kari Lunsford, Janet Smith, Jessica Harbuck Mississippi Department of Human Services served on 8/12/2015, answer due 9/2/2015. (McDuff, Robert) (Entered: 08/13/2015)

RECAP
Aug. 18, 2015

Pro Hac Vice fee paid for Meghann K. Burke receipt number 0538−3009871 $ 100 (McDuff, Robert) (Entered: 08/18/2015)

PACER
12 Aug. 18, 2015

MOTION for Meghann K. Burke to Appear Pro Hac Vice by Campaign for Southern Equality, Family Equality Council, Kathryn Garner, Jessica Harbuck, Susan Hrostowski, Kari Lunsford, Donna Phillips, Brittany Rowell, Janet Smith, Tinora Sweeten-Lunsford (Attachments: # 1 Exhibit Meghann K. Burke Certificate of Good Standing)(McDuff, Robert) (Entered: 08/18/2015)

1 Exhibit Meghann K. Burke Certificate of Good Standing

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Aug. 26, 2015

TEXT−ONLY ORDER granting 3 Motion to Appear Pro Hac Vice; granting 4 Motion to Appear Pro Hac Vice; granting 5 Motion to Appear Pro Hac Vice; granting 6 Motion to Appear Pro Hac Vice; granting 7 Motion to Appear Pro Hac Vice; granting 12 Motion to Appear Pro Hac Vice. That Roberta Kaplan, Joshua Kaye, Alexia Koritz, Jacob Hupart, Andrew Ehrlich and Meghann K. Burke be admitted pro hac vice in this case on behalf of the plaintiffs in association with local counsel and upon registration for electronic filing as required by the Court. No further written order shall issue from the Court. Signed by Magistrate Judge F. Keith Ball on 8/26/2015 (JEJ) (Entered: 08/26/2015)

PACER
13 Aug. 28, 2015

MOTION for Preliminary Injunction by Kathryn Garner, Susan Hrostowski, Donna Phillips, Janet Smith (Attachments: # 1 Declaration of Janet Smith, # 2 Declaration of Susan Hrostowski)(Kaplan - PHV, Roberta) (Entered: 08/28/2015)

1 Declaration of Janet Smith

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2 Declaration of Susan Hrostowski

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14 Aug. 28, 2015

MEMORANDUM in Support re 13 MOTION for Preliminary Injunction filed by Kathryn Garner, Susan Hrostowski, Donna Phillips, Janet Smith (Kaplan - PHV, Roberta) (Entered: 08/28/2015)

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15 Sept. 2, 2015

MOTION to Dismiss for Lack of Subject Matter Jurisdiction by Jim Hood (Attachments: # 1 Exhibit Declaration of Mark Smith)(Matheny, Justin) (Entered: 09/02/2015)

1 Exhibit Declaration of Mark Smith

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16 Sept. 2, 2015

MEMORANDUM in Support re 15 MOTION to Dismiss for Lack of Subject Matter Jurisdiction filed by Jim Hood (Matheny, Justin) (Entered: 09/02/2015)

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17 Sept. 2, 2015

ANSWER to 1 Complaint, by Jim Hood.(Matheny, Justin) (Entered: 09/02/2015)

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18 Sept. 2, 2015

ANSWER to 1 Complaint, by Richard Berry, Phil Bryant, Mississippi Department of Human Services.(Goodwin, Tommy) (Entered: 09/02/2015)

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19 Sept. 2, 2015

Joinder in Document by Richard Berry, Phil Bryant, Mississippi Department of Human Services to 15 MOTION to Dismiss for Lack of Subject Matter Jurisdiction filed by Jim Hood (Goodwin, Tommy) (Entered: 09/02/2015)

RECAP
Sept. 11, 2015

Set/Reset Motion Hearing set for November 6, 2015 at 1:00 PM in Courtroom 5A (Jackson) Jordan before District Judge Daniel P. Jordan III re 13 MOTION for Preliminary Injunction, and 15 MOTION to Dismiss for Lack of Subject Matter Jurisdiction . (SP) (Entered: 09/11/2015)

PACER
Sept. 11, 2015

TEXT−ONLY ORDER STAYING DISCOVERY pursuant to L.U.Civ.R. 16(b)(3)(B) pending a decision on the motion for jurisdiction. No further written order shall issue from the Court. Signed by Magistrate Judge F. Keith Ball on 9/11/2015. (JEJ) (Entered: 09/11/2015)

PACER
20 Sept. 11, 2015

RESPONSE in Opposition re 13 MOTION for Preliminary Injunction filed by Jim Hood (Matheny, Justin) (Entered: 09/11/2015)

RECAP
21 Sept. 11, 2015

MEMORANDUM IN SUPPORT re 20 Response in Opposition to Motion for Preliminary Injunction filed by Jim Hood (Matheny, Justin) (Entered: 09/11/2015)

RECAP
22 Sept. 11, 2015

Joinder in Document by Richard Berry, Phil Bryant, Mississippi Department of Human Services to 20 Response in Opposition to Motion filed by Jim Hood (Goodwin, Tommy) (Entered: 09/11/2015)

RECAP
23 Sept. 11, 2015

AMENDED COMPLAINT for Declaratory and Injunctive Relief against Richard Berry, Phil Bryant, Jim Hood, Mississippi Department of Human Services, The Tenth District Chancery Court of Mississippi, The Fourteenth District Chancery Court of Mississippi, The Twentieth District Chancery Court of Mississippi, Dawn Beam, M. Ronald Doleac, Deborah J. Gambrell, Johnny L. Williams, Kenneth M. Burns, Dorothy W. Colom, Jim Davidson, John Grant, John C. McLaurin Jr., filed by Family Equality Council, Donna Phillips, Kathryn Garner, Brittany Rowell, Susan Hrostowski, Tinora Sweeten-Lunsford, Campaign for Southern Equality, Kari Lunsford, Janet Smith, Jessica Harbuck.(Kaplan - PHV, Roberta) (Entered: 09/11/2015)

RECAP
24 Sept. 14, 2015

Summons Issued as to Dawn Beam, Kenneth M. Burns, Dorothy W. Colom, Jim Davidson, M. Ronald Doleac, Deborah J. Gambrell, John Grant, John C. McLaurin Jr., The Fourteenth District Chancery Court of Mississippi, The Tenth District Chancery Court of Mississippi, The Twentieth District Chancery Court of Mississippi, and Johnny L. Williams. (ND) (Entered: 09/14/2015)

RECAP
25 Sept. 15, 2015

SUMMONS Returned Executed by Donna Phillips, Kathryn Garner, Susan Hrostowski, Campaign for Southern Equality, Kari Lunsford, Janet Smith, Family Equality Council, Brittany Rowell, Tinora Sweeten-Lunsford, Jessica Harbuck Dawn Beam served on 9/15/2015, answer due 10/6/2015. (McDuff, Robert) (Entered: 09/15/2015)

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26 Sept. 15, 2015

SUMMONS Returned Executed by Donna Phillips, Kathryn Garner, Susan Hrostowski, Campaign for Southern Equality, Kari Lunsford, Janet Smith, Family Equality Council, Brittany Rowell, Tinora Sweeten-Lunsford, Jessica Harbuck Deborah J. Gambrell served on 9/15/2015, answer due 10/6/2015. (McDuff, Robert) (Entered: 09/15/2015)

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27 Sept. 15, 2015

SUMMONS Returned Executed by Donna Phillips, Kathryn Garner, Susan Hrostowski, Campaign for Southern Equality, Kari Lunsford, Janet Smith, Family Equality Council, Brittany Rowell, Tinora Sweeten-Lunsford, Jessica Harbuck Dorothy W. Colom served on 9/15/2015, answer due 10/6/2015. (McDuff, Robert) (Entered: 09/15/2015)

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28 Sept. 15, 2015

SUMMONS Returned Executed by Donna Phillips, Kathryn Garner, Susan Hrostowski, Campaign for Southern Equality, Kari Lunsford, Janet Smith, Family Equality Council, Brittany Rowell, Tinora Sweeten-Lunsford, Jessica Harbuck Jim Davidson served on 9/15/2015, answer due 10/6/2015. (McDuff, Robert) (Entered: 09/15/2015)

RECAP
29 Sept. 15, 2015

SUMMONS Returned Executed by Donna Phillips, Kathryn Garner, Susan Hrostowski, Campaign for Southern Equality, Kari Lunsford, Janet Smith, Family Equality Council, Brittany Rowell, Tinora Sweeten-Lunsford, Jessica Harbuck John C. McLaurin Jr. served on 9/15/2015, answer due 10/6/2015. (McDuff, Robert) (Entered: 09/15/2015)

RECAP
30 Sept. 15, 2015

SUMMONS Returned Executed by Donna Phillips, Kathryn Garner, Susan Hrostowski, Campaign for Southern Equality, Kari Lunsford, Janet Smith, Family Equality Council, Brittany Rowell, Tinora Sweeten-Lunsford, Jessica Harbuck John Grant served on 9/15/2015, answer due 10/6/2015. (McDuff, Robert) (Entered: 09/15/2015)

RECAP
31 Sept. 15, 2015

SUMMONS Returned Executed by Donna Phillips, Kathryn Garner, Susan Hrostowski, Campaign for Southern Equality, Kari Lunsford, Janet Smith, Family Equality Council, Brittany Rowell, Tinora Sweeten-Lunsford, Jessica Harbuck Johnny L. Williams served on 9/15/2015, answer due 10/6/2015. (McDuff, Robert) (Entered: 09/15/2015)

RECAP
32 Sept. 15, 2015

SUMMONS Returned Executed by Donna Phillips, Kathryn Garner, Susan Hrostowski, Campaign for Southern Equality, Kari Lunsford, Janet Smith, Family Equality Council, Brittany Rowell, Tinora Sweeten-Lunsford, Jessica Harbuck Kenneth M. Burns served on 9/15/2015, answer due 10/6/2015. (McDuff, Robert) (Entered: 09/15/2015)

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33 Sept. 15, 2015

SUMMONS Returned Executed by Donna Phillips, Kathryn Garner, Susan Hrostowski, Campaign for Southern Equality, Kari Lunsford, Janet Smith, Family Equality Council, Brittany Rowell, Tinora Sweeten-Lunsford, Jessica Harbuck M. Ronald Doleac served on 9/15/2015, answer due 10/6/2015. (McDuff, Robert) (Entered: 09/15/2015)

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34 Sept. 15, 2015

SUMMONS Returned Executed by Donna Phillips, Kathryn Garner, Susan Hrostowski, Campaign for Southern Equality, Kari Lunsford, Janet Smith, Family Equality Council, Brittany Rowell, Tinora Sweeten-Lunsford, Jessica Harbuck The Tenth District Chancery Court of Mississippi served on 9/15/2015, answer due 10/6/2015. (McDuff, Robert) (Entered: 09/15/2015)

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35 Sept. 15, 2015

SUMMONS Returned Executed by Donna Phillips, Kathryn Garner, Susan Hrostowski, Campaign for Southern Equality, Kari Lunsford, Janet Smith, Family Equality Council, Brittany Rowell, Tinora Sweeten-Lunsford, Jessica Harbuck The Fourteenth District Chancery Court of Mississippi served on 9/15/2015, answer due 10/6/2015. (McDuff, Robert) (Entered: 09/15/2015)

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36 Sept. 15, 2015

SUMMONS Returned Executed by Donna Phillips, Kathryn Garner, Susan Hrostowski, Campaign for Southern Equality, Kari Lunsford, Janet Smith, Family Equality Council, Brittany Rowell, Tinora Sweeten-Lunsford, Jessica Harbuck The Twentieth District Chancery Court of Mississippi served on 9/15/2015, answer due 10/6/2015. (McDuff, Robert) (Entered: 09/15/2015)

RECAP
37 Sept. 16, 2015

NOTICE of Appearance by Douglas T. Miracle on behalf of The Tenth District Chancery Court of Mississippi (Miracle, Douglas) (Entered: 09/16/2015)

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38 Sept. 16, 2015

NOTICE of Appearance by Douglas T. Miracle on behalf of The Fourteenth District Chancery Court of Mississippi (Miracle, Douglas) (Entered: 09/16/2015)

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39 Sept. 16, 2015

NOTICE of Appearance by Douglas T. Miracle on behalf of The Twentieth District Chancery Court of Mississippi (Miracle, Douglas) (Entered: 09/16/2015)

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40 Sept. 16, 2015

NOTICE of Appearance by Douglas T. Miracle on behalf of Dawn Beam (Miracle, Douglas) (Entered: 09/16/2015)

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41 Sept. 16, 2015

NOTICE of Appearance by Douglas T. Miracle on behalf of Kenneth M. Burns (Miracle, Douglas) (Entered: 09/16/2015)

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42 Sept. 16, 2015

NOTICE of Appearance by Douglas T. Miracle on behalf of Dorothy W. Colom (Miracle, Douglas) (Entered: 09/16/2015)

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43 Sept. 16, 2015

NOTICE of Appearance by Douglas T. Miracle on behalf of Jim Davidson (Miracle, Douglas) (Entered: 09/16/2015)

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44 Sept. 16, 2015

NOTICE of Appearance by Douglas T. Miracle on behalf of M. Ronald Doleac (Miracle, Douglas) (Entered: 09/16/2015)

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45 Sept. 16, 2015

NOTICE of Appearance by Douglas T. Miracle on behalf of Deborah J. Gambrell (Miracle, Douglas) (Entered: 09/16/2015)

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46 Sept. 16, 2015

NOTICE of Appearance by Douglas T. Miracle on behalf of John Grant (Miracle, Douglas) (Entered: 09/16/2015)

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47 Sept. 16, 2015

NOTICE of Appearance by Douglas T. Miracle on behalf of John C. McLaurin Jr. (Miracle, Douglas) (Entered: 09/16/2015)

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48 Sept. 16, 2015

NOTICE of Appearance by Douglas T. Miracle on behalf of Johnny L. Williams (Miracle, Douglas) (Entered: 09/16/2015)

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Sept. 23, 2015

ORAL JOINT MOTION Setting Briefing Schedule on Filed Motions and/or Any Motions Anticipated to be Filed by the Parties filed by All Plaintiffs and Defendants.(SP) (Entered: 09/23/2015)

PACER
49 Sept. 23, 2015

AGREED BRIEFING SCHEDULE ORDER granting ORAL JOINT MOTION Setting Briefing Schedule on Filed Motions and/or Any Motions Anticipated to be Filed by the Parties as set out in the Order. Signed by District Judge Daniel P. Jordan III on September 23, 2015. (SP) (Entered: 09/23/2015)

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50 Sept. 25, 2015

ANSWER to 23 Amended Complaint,, by Jim Hood.(Matheny, Justin) (Entered: 09/25/2015)

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51 Sept. 25, 2015

ANSWER to 23 Amended Complaint,, by Richard Berry, Phil Bryant, Mississippi Department of Human Services.(Goodwin - State Gov, Tommy) (Entered: 09/25/2015)

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52 Oct. 2, 2015

MOTION to Dismiss for Lack of Jurisdiction by Dawn Beam, Kenneth M. Burns, Dorothy W. Colom, Jim Davidson, M. Ronald Doleac, Deborah J. Gambrell, John Grant, John C. McLaurin Jr., The Fourteenth District Chancery Court of Mississippi, The Tenth District Chancery Court of Mississippi, The Twentieth District Chancery Court of Mississippi, Johnny L. Williams (Miracle, Douglas) (Entered: 10/02/2015)

RECAP
53 Oct. 2, 2015

MEMORANDUM in Support re 52 MOTION to Dismiss for Lack of Jurisdiction and Failure to State and Claim filed by Dawn Beam, Kenneth M. Burns, Dorothy W. Colom, Jim Davidson, M. Ronald Doleac, Deborah J. Gambrell, John Grant, John C. McLaurin Jr., The Fourteenth District Chancery Court of Mississippi, The Tenth District Chancery Court of Mississippi, The Twentieth District Chancery Court of Mississippi, Johnny L. Williams (Miracle, Douglas) (Entered: 10/02/2015)

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54 Oct. 2, 2015

RESPONSE in Opposition re 13 MOTION for Preliminary Injunction filed by Dawn Beam, Kenneth M. Burns, Dorothy W. Colom, Jim Davidson, M. Ronald Doleac, Deborah J. Gambrell, John Grant, John C. McLaurin Jr., The Fourteenth District Chancery Court of Mississippi, The Tenth District Chancery Court of Mississippi, The Twentieth District Chancery Court of Mississippi, Johnny L. Williams (Miracle, Douglas) (Entered: 10/02/2015)

RECAP
55 Oct. 2, 2015

MOTION to Dismiss the Plaintiffs' First Amended Complaint for Lack of Subject Matter Jurisdiction by Jim Hood (Attachments: # 1 Exhibit 1 - Declaration of Mark Smith, # 2 Exhibit 2 - Second Declaration of Mark Smith, # 3 Exhibit 3-Pt. 1 - DHSs Division of Family and Childrens Services Policy Manual Section D, # 4 Exhibit 3-Pt. 2- DHSs Division of Family and Childrens Services Policy Manual Section D, # 5 Exhibit 3-Pt. 3 - DHSs Division of Family and Childrens Services Policy Manual Section D, # 6 Exhibit 3-Pt. 4 - DHSs Division of Family and Childrens Services Policy Manual Section D, # 7 Exhibit 4-Pt. 1 - DHSs Division of Family and Childrens Services Policy Manual Section F, # 8 Exhibit 4-Pt. 2 - DHSs Division of Family and Childrens Services Policy Manual Section F, # 9 Exhibit 5-Pt. 1 - DHSs Division of Family and Childrens Services Policy Manual Section G, # 10 Exhibit 5-Pt. 2 - DHSs Division of Family and Childrens Services Policy Manual Section G)(Matheny, Justin) (Entered: 10/02/2015)

1 Exhibit 1 - Declaration of Mark Smith

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2 Exhibit 2 - Second Declaration of Mark Smith

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3 Exhibit 3-Pt. 1 - DHSs Division of Family and Childrens Services Policy Manual S

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4 Exhibit 3-Pt. 2- DHSs Division of Family and Childrens Services Policy Manual Se

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5 Exhibit 3-Pt. 3 - DHSs Division of Family and Childrens Services Policy Manual S

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6 Exhibit 3-Pt. 4 - DHSs Division of Family and Childrens Services Policy Manual S

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7 Exhibit 4-Pt. 1 - DHSs Division of Family and Childrens Services Policy Manual S

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8 Exhibit 4-Pt. 2 - DHSs Division of Family and Childrens Services Policy Manual S

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9 Exhibit 5-Pt. 1 - DHSs Division of Family and Childrens Services Policy Manual S

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10 Exhibit 5-Pt. 2 - DHSs Division of Family and Childrens Services Policy Manual S

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56 Oct. 2, 2015

MEMORANDUM in Support re 55 MOTION to Dismiss the Plaintiffs' First Amended Complaint for Lack of Subject Matter Jurisdiction filed by Jim Hood (Matheny, Justin) (Entered: 10/02/2015)

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57 Oct. 2, 2015

Joinder in Document by Richard Berry, Phil Bryant, Mississippi Department of Human Services to 55 MOTION to Dismiss the Plaintiffs' First Amended Complaint for Lack of Subject Matter Jurisdiction filed by Jim Hood (Goodwin - State Gov, Tommy) (Entered: 10/02/2015)

RECAP
Oct. 8, 2015

TEXT−ONLY ORDER The Agreed Briefing Schedule Order 49 stated that Plaintiffs were to file their Response by Monday, October 12, 2015. As that date is a federal holiday, the Response is due Tuesday, October 13, 2015. No further written order shall issue. Signed by District Judge Daniel P. Jordan III on 10/8/2015. (MH) (Entered: 10/08/2015)

PACER
58 Oct. 13, 2015

MEMORANDUM in Opposition re 55 MOTION to Dismiss the Plaintiffs' First Amended Complaint for Lack of Subject Matter Jurisdiction, 52 MOTION to Dismiss for Lack of Jurisdiction filed by Campaign for Southern Equality, Family Equality Council, Kathryn Garner, Jessica Harbuck, Susan Hrostowski, Kari Lunsford, Donna Phillips, Brittany Rowell, Janet Smith, Tinora Sweeten-Lunsford (Kaplan - PHV, Roberta) (Entered: 10/13/2015)

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59 Oct. 13, 2015

REPLY to Response to Motion re 13 MOTION for Preliminary Injunction filed by Kathryn Garner, Susan Hrostowski, Donna Phillips, Janet Smith (Kaplan - PHV, Roberta) (Entered: 10/13/2015)

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60 Oct. 13, 2015

AFFIDAVIT in Support re 13 MOTION for Preliminary Injunction filed by Kathryn Garner, Susan Hrostowski, Donna Phillips, Janet Smith (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Kaplan - PHV, Roberta) (Entered: 10/13/2015)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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Oct. 14, 2015

DOCKET ANNOTATION as to # 60 . 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. (ND) (Entered: 10/14/2015)

PACER
61 Oct. 19, 2015

REPLY to Response to Motion re 52 MOTION to Dismiss for Lack of Jurisdiction filed by Dawn Beam, Kenneth M. Burns, Dorothy W. Colom, Jim Davidson, M. Ronald Doleac, Deborah J. Gambrell, John Grant, John C. McLaurin Jr., The Fourteenth District Chancery Court of Mississippi, The Tenth District Chancery Court of Mississippi, The Twentieth District Chancery Court of Mississippi, Johnny L. Williams (Miracle, Douglas) (Entered: 10/19/2015)

RECAP
62 Oct. 19, 2015

REPLY to Response to Motion re 58 Memorandum in Opposition to Motion, filed by Jim Hood (Matheny, Justin) (Entered: 10/19/2015)

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63 Oct. 19, 2015

Joinder in Document by Richard Berry, Phil Bryant, Mississippi Department of Human Services to 62 Reply to Response to Motion filed by Jim Hood (Goodwin - State Gov, Tommy) (Entered: 10/19/2015)

RECAP
64 Nov. 3, 2015

NOTICE / Supplement by Kathryn Garner, Susan Hrostowski, Donna Phillips, Janet Smith re 13 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit A Phillips Declaration)(Kaplan - PHV, Roberta) (Entered: 11/03/2015)

1 Exhibit A Phillips Declaration

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Nov. 6, 2015

Minute Entry for proceedings held before District Judge Daniel P. Jordan III: Motion Hearing held on November 6, 2015 re 15 MOTION to Dismiss for Lack of Subject Matter Jurisdiction ; 55 MOTION to Dismiss the Plaintiffs' First Amended Complaint for Lack of Subject Matter Jurisdiction ; 52 MOTION to Dismiss for Lack of Jurisdiction; 13 MOTION for Preliminary Injunction. Appearing: Roberta A. Kaplan, Robert B. McDuff, Joshua D. Kaye, Meghann K. Burke, and Sibyl C. Byrd, counsel for Plaintiffs; and Tommy D. Goodwin, Justin L. Matheny, and Douglas T. Miracle, counsel for Defendants. Court Reporter/Transcriber: Gina Morris (601) 608−4187. (SP) (Entered: 11/09/2015)

PACER
66 Feb. 1, 2016

NOTICE of Substitution Pursuant to F.R.C.P. 25(d) by Richard Berry, Phil Bryant, Mississippi Department of Human Services (Goodwin - State Gov, Tommy) (Entered: 02/01/2016)

RECAP
67 March 31, 2016

ORDER granting in part 13 Motion for Preliminary Injunction; granting in part 15 Motion to Dismiss; granting 52 Motion to Dismiss for Lack of Jurisdiction; granting in part 55 Motion to Dismiss as set out in the order. Signed by District Judge Daniel P. Jordan III on March 31, 2016. (SP) (Entered: 03/31/2016)

RECAP
68 May 5, 2016

MOTION for Permanent Injunction and Final Judgment by John Davis (Goodwin - State Gov, Tommy) (Entered: 05/05/2016)

RECAP
69 May 9, 2016

Joinder in Document by Campaign for Southern Equality, Family Equality Council, Kathryn Garner, Jessica Harbuck, Susan Hrostowski, Kari Lunsford, Donna Phillips, Brittany Rowell, Janet Smith, Tinora Sweeten-Lunsford to 68 MOTION for Permanent Injunction and Final Judgment filed by John Davis (Kaplan - PHV, Roberta) (Entered: 05/09/2016)

RECAP
70 May 13, 2016

ORDER granting 68 Motion for Permanent Injunction. IT IS THEREFORE ORDERED that the Court hereby adopts all of its factual findings and legal conclusions contained in its March 31, 2016 Order 67 into this Order, and that, consistent with the Courts March 31, 2016 Order 67, the Executive Director of the Mississippi Department of Human Services is hereby permanently enjoined from enforcing Mississippi Code Section 93-17-3(5). A separate final judgment consistent with this Order shall be issued this day. Signed by District Judge Daniel P. Jordan, III on 5/13/2016 (ND) (Entered: 05/13/2016)

RECAP
71 May 13, 2016

JUDGMENT - For the reasons explained in the Court's Order entered in this cause this date, the Executive Director of the Mississippi Department of Human Services is hereby permanently enjoined from enforcing Mississippi Code Section 93-17-3(5) and this case is hereby dismissed. Signed by District Judge Daniel P. Jordan, III on 5/13/2016 (ND) (Entered: 05/13/2016)

RECAP

Case Details

State / Territory:

Mississippi

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Multi-LexSum (in sample)

Same-Sex Marriage

Key Dates

Filing Date: Aug. 8, 2015

Closing Date: 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Same sex couples seeking to adopt.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

State of Mississippi

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Equal Protection

Other Dockets:

Southern District of Mississippi 3:15-cv-00578

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Declaratory Judgment

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Discrimination Prohibition

Preliminary relief granted

Issues

General/Misc.:

Adoption

Foster care (benefits, training)

Marriage

Discrimination Area:

Disparate Impact

Disparate Treatment

Discrimination Basis:

Sexual orientation

Affected Sex/Gender(s):

Female

Male

LGBTQ+:

LGBTQ+

Recommended Citation