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 attrorneys, see: https://www.courtlistener.com/docket/4302486/parties/campaign-for-southern-equality-v-mississippi-department-of-human-services/


Judge(s)

Jordan, Daniel Porter III (Mississippi)

Attorneys(s) for Plaintiff

Burke, Meghann K. (North Carolina)

Byrd, Sibyl C. (Mississippi)

Ehrlich, Andrew J. (New York)

Ellis, Dianne Herman (Mississippi)

Howard, Jacob W. (Mississippi)

Hupart, Jacob H. (New York)

Kaplan, Roberta Ann (New York)

Kaye, Joshua D. (New York)

Koritz, Alexia D. (New York)

Judge(s)

Jordan, Daniel Porter III (Mississippi)

Attorneys(s) for Plaintiff

Burke, Meghann K. (North Carolina)

Byrd, Sibyl C. (Mississippi)

Ehrlich, Andrew J. (New York)

Ellis, Dianne Herman (Mississippi)

Howard, Jacob W. (Mississippi)

Hupart, Jacob H. (New York)

Kaplan, Roberta Ann (New York)

Kaye, Joshua D. (New York)

Koritz, Alexia D. (New York)

McDuff, Robert B. (Mississippi)

Attorneys(s) for Defendant

Goodwin, Tommy D. (Mississippi)

Matheny, Justin L. (Mississippi)

Miracle, Douglas T. (Mississippi)

Documents in the Clearinghouse

Document

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
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 Aug. 26, 2022, 3:23 a.m.

ECF Number Description Date Link Date / Link
1

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

View on PACER

Aug. 12, 2015

Aug. 12, 2015

RECAP
2

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

Aug. 12, 2015

Aug. 12, 2015

PACER
3

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

View on PACER

Aug. 12, 2015

Aug. 12, 2015

PACER
4

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

View on PACER

Aug. 12, 2015

Aug. 12, 2015

PACER
5

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

View on PACER

Aug. 12, 2015

Aug. 12, 2015

PACER
6

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

View on PACER

Aug. 12, 2015

Aug. 12, 2015

PACER
7

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

View on PACER

Aug. 12, 2015

Aug. 12, 2015

PACER
8

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)

Aug. 13, 2015

Aug. 13, 2015

PACER
9

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)

Aug. 13, 2015

Aug. 13, 2015

PACER
10

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)

Aug. 13, 2015

Aug. 13, 2015

PACER
11

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)

Aug. 13, 2015

Aug. 13, 2015

PACER
12

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

View on PACER

Aug. 18, 2015

Aug. 18, 2015

PACER
13

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

View on RECAP

2 Declaration of Susan Hrostowski

View on RECAP

Aug. 28, 2015

Aug. 28, 2015

RECAP
14

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)

Aug. 28, 2015

Aug. 28, 2015

RECAP
15

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

View on RECAP

Sept. 2, 2015

Sept. 2, 2015

RECAP
16

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

Sept. 2, 2015

Sept. 2, 2015

RECAP
17

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

Sept. 2, 2015

Sept. 2, 2015

PACER
18

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

Sept. 2, 2015

Sept. 2, 2015

PACER
19

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)

Sept. 2, 2015

Sept. 2, 2015

PACER
20

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

Sept. 11, 2015

Sept. 11, 2015

RECAP
21

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

Sept. 11, 2015

Sept. 11, 2015

RECAP
22

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)

Sept. 11, 2015

Sept. 11, 2015

PACER
23

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)

Sept. 11, 2015

Sept. 11, 2015

RECAP
24

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)

Sept. 14, 2015

Sept. 14, 2015

PACER
25

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)

Sept. 15, 2015

Sept. 15, 2015

PACER
26

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)

Sept. 15, 2015

Sept. 15, 2015

PACER
27

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)

Sept. 15, 2015

Sept. 15, 2015

PACER
28

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)

Sept. 15, 2015

Sept. 15, 2015

PACER
29

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)

Sept. 15, 2015

Sept. 15, 2015

PACER
30

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)

Sept. 15, 2015

Sept. 15, 2015

PACER
31

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)

Sept. 15, 2015

Sept. 15, 2015

PACER
32

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)

Sept. 15, 2015

Sept. 15, 2015

PACER
33

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)

Sept. 15, 2015

Sept. 15, 2015

PACER
34

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)

Sept. 15, 2015

Sept. 15, 2015

PACER
35

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)

Sept. 15, 2015

Sept. 15, 2015

PACER
36

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)

Sept. 15, 2015

Sept. 15, 2015

PACER
37

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

Sept. 16, 2015

Sept. 16, 2015

PACER
38

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

Sept. 16, 2015

Sept. 16, 2015

PACER
39

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

Sept. 16, 2015

Sept. 16, 2015

PACER
40

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

Sept. 16, 2015

Sept. 16, 2015

PACER
41

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

Sept. 16, 2015

Sept. 16, 2015

PACER
42

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

Sept. 16, 2015

Sept. 16, 2015

PACER
43

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

Sept. 16, 2015

Sept. 16, 2015

PACER
44

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

Sept. 16, 2015

Sept. 16, 2015

PACER
45

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

Sept. 16, 2015

Sept. 16, 2015

PACER
46

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

Sept. 16, 2015

Sept. 16, 2015

PACER
47

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

Sept. 16, 2015

Sept. 16, 2015

PACER
48

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

Sept. 16, 2015

Sept. 16, 2015

PACER
49

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)

Sept. 23, 2015

Sept. 23, 2015

PACER
50

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

Sept. 25, 2015

Sept. 25, 2015

RECAP
51

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

Sept. 25, 2015

Sept. 25, 2015

RECAP
52

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)

Oct. 2, 2015

Oct. 2, 2015

PACER
53

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)

Oct. 2, 2015

Oct. 2, 2015

PACER
54

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)

Oct. 2, 2015

Oct. 2, 2015

PACER
55

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

View on PACER

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

View on PACER

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

View on PACER

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

View on PACER

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

View on PACER

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

View on PACER

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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Oct. 2, 2015

Oct. 2, 2015

PACER
56

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)

Oct. 2, 2015

Oct. 2, 2015

RECAP
57

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)

Oct. 2, 2015

Oct. 2, 2015

PACER
58

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)

Oct. 13, 2015

Oct. 13, 2015

RECAP
59

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)

Oct. 13, 2015

Oct. 13, 2015

PACER
60

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

View on PACER

Oct. 13, 2015

Oct. 13, 2015

RECAP
61

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)

Oct. 19, 2015

Oct. 19, 2015

RECAP
62

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

Oct. 19, 2015

Oct. 19, 2015

RECAP
63

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)

Oct. 19, 2015

Oct. 19, 2015

PACER
64

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. 3, 2015

Nov. 3, 2015

PACER
66

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)

Feb. 1, 2016

Feb. 1, 2016

PACER
67

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)

March 31, 2016

March 31, 2016

RECAP
68

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

May 5, 2016

May 5, 2016

PACER
69

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)

May 9, 2016

May 9, 2016

PACER
70

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)

May 13, 2016

May 13, 2016

RECAP
71

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)

May 13, 2016

May 13, 2016

PACER

Case Details

State / Territory: Mississippi

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Same-Sex Marriage

Multi-LexSum (in sample)

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 of Mississippi, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Declaratory Judgment

Source of Relief:

Litigation

Order Duration: 2015 - None

Content of Injunction:

Discrimination Prohibition

Preliminary relief granted

Issues

General:

Adoption

Disparate Impact

Disparate Treatment

Foster care (benefits, training)

Gay/lesbian/transgender

Marriage

Discrimination-basis:

Sexual orientatation

Affected Gender:

Female

Male