Case: Wilson v. City of Jackson

COMPLAINT. (spc) (Entered: 06/10/1993)

Magistrate Judge Assignment (spc) (Entered: 06/10/1993)

It will be necessary to review the original docket sheets for complete information concerning this case. (spc) (Entered: 06/10/1993)

STIPULATION of Consent &Order referring case to Judge John R. Countiss III for trial with direct appeal to Fifth Circuit. (spc) (Entered: 06/10/1993)

JUDGMENT for plaintiffs against defendants. This action has been certified as a class action. Defendants are charged with the responsibility of detaining persons in the jail and of maintaining clean, adequate and safe jail accommodations. ( signed by Magistrate Judge John R. Countiss III ); copies mailed. ob 1981 page 1471−1476 (spc) Modified on 06/11/1993 (Entered: 06/10/1993)

Case closed (spc) (Entered: 06/10/1993)

ORDER granting [4−1] plaintiff's motion for Contempt, granting [4−2] motion for Sanctions. Ordered that cases be reopened and that City defendants in this case and County defendants in 72J−103(B) file reports with the Clerk as directed. (Please see next docket entry for amendment omitting County defendants in 72J−103(B). ( signed by Magistrate Judge John R. Countiss III ); copies mailed. (spc) (Entered: 06/10/1993)

AMENDED ORDER: This cause having come on before the Court on the motion of plaintiffs for relief necessary for enforcement of the Court's permanent injunction, it is Ordered that the Clerk reopen this case and place it on the active docket of the Court. City defendants are directed to report to the Court, file with the Clerk and serve counsel for plaintiffs within 14 days sworn reports containing specified information. City defendants are to allow inspection of Jackson City Jail within 20 days of this Order. Inspection agencies and defendants to file reports and recommendations for improvements and correction of deficiencies, if any. ( signed by Magistrate Judge John R. Countiss III ); copies mailed. (spc) Modified on 06/11/1993 (Entered: 06/10/1993)

Case reopened (spc) (Entered: 06/10/1993)

Mailed memo to Connie of case assignment to Judge Bramlette with Copy to Judge Countiss. (spc) (Entered: 06/10/1993)

AFFIDAVIT of Rebecca Coleman on behalf of the City of Jackson in response to the amended order of 6/9/93. (spc) (Entered: 06/24/1993)

Letter to Clerk from City Attorney dated 7/9/93 with attached reports and recommendations for improvement of the Jackson City Jail in accordance with the Court's order. (spc) (Entered: 07/12/1993)

Letter to Clerk from City Attorney dated 7/19/93 with attached plan of the City of Jackson to correct deficiencies outlined in the reports filed by the State Dept. of Health, State Bureau of Buildings, Grounds and Real Property, and the State Fire Marshal. (spc) (Entered: 07/20/1993)

ORDER REFERRING CASE for all purposes to Magistrate Judge John R. Countiss III, with stipulation of consent. ( signed by Judge David C. Bramlette III ); copies mailed. (spc) (Entered: 07/28/1993)

Supplemental MOTION by plaintiff Robert Wilson for additional relief . Noticed before Magistrate Judge John R. Countiss III. (spc) (Entered: 08/09/1993)

ORDER granting [11−1] motion for additional relief. City defendants are hereby directed to cause the Jackson City Jail to be reinspected monthly by the State Fire Marshal, State Health Dept. and State Bureau of Buildings Grounds and Real Property together with the City of Jackson Fire Marshals. Schedule set out for inspections. Report to be filed with the Clerk. City Defendants are to report to the Court and file with the Clerk the total number of inmates housed and the number of inmates which were/are County responsibility inmates on schedule which is set out. Hinds County Sheriff Malcolm McMillan is joined as a third party defendant in this case. Plaintiff's request for injunctive relief against McMillan is continued until shortly after the first inspection reports. All other issues not decided herein are continued with the case. ( signed by Magistrate Judge John R. Countiss III ); copies mailed. (spc) (Entered: 08/17/1993)

Minute entry: Hearing on motion for add'l relief 8/17/93 before Judge Countiss. Action Taken: resolved; order to be entered. (spc) (Entered: 08/17/1993)

NOTICE of Attorney Appearance for third−party defendant Malcolm E. McMillin by James Homer Best (an) (Entered: 08/19/1993)

List of discrepancies found to exist in the City Jail from the State fire Marshal's Office. (fe) (Entered: 09/10/1993)

Copy of Jackson City Jail population totals sent to Judge Countiss from City Attorney. (spc) (Entered: 09/24/1993)

Copy of plans of the Jackson Police Dept. for correction of deficiencies in City Jail submitted to Judge Countiss by City Attorney. (spc) (Entered: 09/29/1993)

MOTION by plaintiff Robert Wilson for Attorney Fees (spc) Modified on 10/01/1993 (Entered: 10/01/1993)

Minute entry: Hearing on motion for attorney's fees 9/30/93 before Judge Countiss. Action Taken: granted. Order to be submitted. (spc) (Entered: 10/01/1993)

ORDER granting [19−1] plaintiffs' motion for Attorney Fees and costs. Procedure set forth by which future awards of fees and costs will be paid in this case. ( signed by Magistrate Judge John R. Countiss III ); copies mailed. (spc) (Entered: 10/01/1993)

Copy of State Fire Marshal's inspection report for Jackson City Jail on 10/1/93. (spc) (Entered: 10/05/1993)

Letter from State Fire Marshal's Office re monthly inspection of Jackson City Jail conducted 10/1/93. (spc) (Entered: 10/12/1993)

Letter to Clerk from City Attorney forwarding inspection reports re Jackson City Jail from State Dept. of Health (sanitation report); State Dept. of Health (nutritional report); State Fire Marshal's Office (fire inspection report). (spc) (Entered: 10/12/1993)

ORDER REFERRING CASE to Judge Alfred G. Nicols for all purposes with direct appeal, if any, to the Fifth Circuit; with stipulation of Consent. (signed by Judge David C. Bramlette III); copies mailed attorneys, copy handed Judge Nicols. (spc) Modified on 11/02/1993 (Entered: 10/23/1993)

Letter from City Attorney with attached weekly Jackson City Jail population report for time period June 14 − October 18, 1993. (spc) (Entered: 10/26/1993)

Letter from Attorney Welch to Clerk and counsel opposite regarding clerical error in Order of 9/30/93. (spc) (Entered: 11/01/1993)

Third MOTION by plaintiff Robert Wilson for additional relief . (spc) (Entered: 11/02/1993)

Plaintiffs' notice of Hearing on motions for contempt, sanctions, damages, and additional relief necessary for enforcement of Court's permanent injunction and supplemental motions before Judge Nicols 11/5/93 at 9:30. (spc) (Entered: 11/02/1993)

Letter to Clerk from City Attorney with attached weekly City of Jackson Jail Reports for Oct. 23−31, 1993. (spc) (Entered: 11/04/1993)

Minute entry: Hearing on plaintiff's motion for contempt and for additional relief before Judge Nicols 11/5/93. Action Taken: Taken under advisement. Attorneys to submit PFFCL within 14 days. (spc) (Entered: 11/08/1993)

Exhibits to hearing of 11/5/93: P−1,P−2; D−1,D−2. (l small manila envelope) (spc) (Entered: 11/08/1993)

CONSENT to trial by Magistrate with direct appeal, if any, to the Fifth Circuit Court of Appeals. (spc) (Entered: 11/08/1993)

Letter to Clerk from City Attorney with attached monthly inspection reports of Jackson Fire Dept. and MS State Dept. of Health. (spc) (Entered: 11/08/1993)

Letter to Clerk from City Attorney with attached weekly City of Jackson Jail Report for the time period 11/1/93 − 11/8/93. (spc) (Entered: 11/15/1993)

Letter to Clerk from City Attorney with copy of Fire Marshal's inspection report conducted 11/1/93 at the Jackson City Jail. (spc) (Entered: 11/15/1993)

CONTEMPT ORDER granting [27−1] plaintiffs' motion for additional relief. Defendants are directed to take the necessary steps to comply with the orders of this court by removing from the Jackson City Jail all prisoners in total number greater than 67 including transfer of "county prisoners" to county custody. Defendants, jointly and severally, are fined $100 per excess inmate per day as set out. Other relief sought and not resolved herein is carred with the case for decision at a later time. ( signed by Magistrate Judge Alfred G. Nicols ); copies mailed. (spc) (Entered: 11/29/1993)

Letter to Clerk from City Attorney with attached weekly City of Jackson Jail Reports for Nov. 9−18 and 19−30, 1993. (spc) (Entered: 12/02/1993)

Letter to Clerk from City Attorney dated 12/9/93 with attached reports as follows: City of Jackson Jail Report for time period 12/1−7/93; Dept of Health Nutritional Report; Dept of Health Sanitation Report. (spc) (Entered: 12/10/1993)

Letter to Clerk from City Attorney with attached City of Jackson Jail report for Dec. 8−13, 1993 and Monthly City Fire Marshal's Report. (spc) (Entered: 12/15/1993)

Report of the State Fire Marshal on inspection of the Jackson City Jail 11/8/93. (spc) (Entered: 12/16/1993)

Letter to Clerk from City Attorney dated 12/23/93, with following reports: City of Jackson Jail Report time period December 14−20, 1993, Monthly Sanitation Report from State Department of Health. (fe) (Entered: 01/03/1994)

Letter from City Attorney with attached reports for the Jackson City Jail as follows: (1) MS Dept of Health nutritional report (2) Fire Inspection Report (3) City of Jackson Jail Reports for Dec. 21−31, 1993; Jany. 1−5, 1994; Jany. 6−17, 1994. (spc) (Entered: 01/20/1994)

Letter to Clerk from State Fire Marshal's office with copy of inspection conducted 1/24/94 on Jackson City Jail. (spc) (Entered: 02/01/1994)

Letter to Clerk from State Fire Marshal with inspection conducted 2/2/94 of Jackson City Jail. (spc) (Entered: 02/09/1994)

Letter to Clerk from City Attorney dated 2/15/94 with attached reports as follows: State Fire Marshal's reports dated 1/24/94 and 2/2/94; Dept. of Health's Sanitation report dated 1/25/94; City Fire Marshal report dated 2/4/94 and Dept. of Health's nutrition report dated 1/31/94. (spc) (Entered: 02/16/1994)

Letter to Clerk from City Attorney with attached reports (1) MS Dept of Health Sanitation Report (2) City of Jackson Jail Reports for February 10−18, 1994. (spc) (Entered: 02/28/1994)

Letter from State Fire Marshal's office for inspection conducted 3/2/94. (spc) (Entered: 03/05/1994)

Letter from State Fire Marshal with copy of inspection conducted 3/2/94 attached. (spc) (Entered: 03/05/1994)

Letter from City Attorney's Office with attached reports (1) State Fire Marshall's Report 3/2/94 (2) City of Jackson Fire Marshall's Report dated 3/3/94. (fe) (Entered: 03/10/1994)

Letter to Clerk from City Attorney with attached jail population report dated March 8−10; jail population report dated March 11−17 and Sanitation reports dated February 14, March 2 and 9, 1994. (spc) (Entered: 03/24/1994)

ORDER substituting Attorney for City of Jackson. Michele M. Purvis withdrawn; Sarah O'Reilly−Evans substituted. ( signed by Magistrate Judge Alfred G. Nicols ); copies mailed. (spc) (Entered: 03/30/1994)

Letter from City Attorney with attached reports: City Jail Population reports for 4/1/94 thru 4/7/94; 4/8/94 thru 4/14/94; Monthly fire inspection dated 4/1/94. (spc) (Entered: 04/20/1994)

Letter from State Fire Marshal with copy of inspection conducted 4/8/94 of the Jackson City Jail. (spc) (Entered: 04/30/1994)

Letter from City Attorney with attached reports: Fire Safety Inspection Report dated 4/8/94; Jail Population report dated 4/15−21, 1994 and April 22−28, 1994; Sanitation Inspection report dated 4/25/94; Nutrition report dated 4/27/94. (spc) (Entered: 05/10/1994)

MOTION by plaintiff Robert Wilson for Writ of execution Noticed before Magistrate Judge Alfred G. Nicols on 6/13/94 (spc) (Entered: 05/27/1994)

Letter from City Attorney with following reports: Jail Population reports dated April 29−31, 1994; May 1−12, 1994; May 13−25, 1994. (spc) (Entered: 05/27/1994)

Letter to Clerk from City Attorney with attached reports: Fire Inspeciton Report dated 5/2/94; Sanitation Inspeciton Report dated 5/23/94; Nutrition evaluation Report dated 5/25/94; Jail Population Report dated 5/26/94 thru 6/2/94. (spc) (Entered: 06/06/1994)

Letter from State Fire Marshal with copy of inspection conducted 6/2/94. (spc) (Entered: 06/10/1994)

Letter from State Fire Marshal with copy of inspection conducted 5/12/94. (spc) (Entered: 06/10/1994)

AGREED ORDER postponing contempt hearing: Ordered that the hearing on request for issuance of writ of execution to collect contempt fines scheduled for 6/13/94 be stayed pending resolution by the parties. ( signed by Magistrate Judge Alfred G. Nicols ); copies mailed. (spc) (Entered: 06/14/1994)

Letter from City Attorney with attached reports: Fire inspection reports dated 5/12/94, 6/2/94 and 6/16/94; Jail population reports dated 6/3/94 thru 6/9/94 and 6/10/94 thru 6/30/94. (spc) (Entered: 07/08/1994)

Letter to Clerk from State Fire Marshal with inspection report conducted 7/19/94 of the Jackson City Jail. (spc) (Entered: 07/25/1994)

Letter from City Attorney with attached reports: Fire Inspection report dated 7/19/94; Jail Population report dated 7/1/94 thru 7/16/94; Sanitation inspection reports dated 6/27/94 and 6/29/94. (spc) (Entered: 08/03/1994)

Fire Safety Inspection Report on Jackson City Jail conducted Tuesday 8/9/94 received from State Fire Marshal. (spc) (Entered: 08/10/1994)

Letter from City Attorney with attached reports: Fire inspection report dated 8/9/94; Jail Population report dated 7/17/94 thru 7/31/94; Sanitation inspection report dated 7/25/94 and Nutrition evaluation report dated 7/28/94. (spc) (Entered: 08/12/1994)

AMENDED ORDER MODIFICATION: order clarifies 11/29/94 Contempt Order as set out. ( signed by Magistrate Judge Alfred G. Nicols ); copies mailed. (spc) (Entered: 08/15/1994)

Letter from City Attorney enclosing reports as follows: 1. Fire Inspection Report dated 7/28/94; 2. Jail Population Reports dated 8/1/94 thru 8/14/94 and 8/15/94 thru 8/23/94. (spc) (Entered: 08/29/1994)

Letter to Clerk from City Attorney with attached reports: Sanitation Inspection Report dated 8/24/94; Nutrition Evaluation Report dated 8/29/94 and Jail Population Reports dated 8/24/94 throu 8/31/94. (spc) (Entered: 09/09/1994)

Letter to Clerk from City Attorney with attached reports: Sanitation Inspection Report dated 9/26/94; Fire Inspection Report dated 8/25/94; Jail Population Reports dated 9/1/94 thru 9/30/94. (fe) (Entered: 10/13/1994)

RESPONSE by third−party defendant Malcolm E. McMillin to [57−1] motion for Writ of execution by plaintiff (spc) (Entered: 10/14/1994)

RESPONSE by defendant City of Jackson to [71−1] motion for issuance of Writ of execution by plaintiff (spc) (Entered: 10/17/1994)

AGREED ORDER: Motion Hearing set for 9:30 10/28/94 before Judge Nicols for [71−1] motion for issuance of Writ of execution, [57−1] motion for Writ of execution ( signed by Magistrate Judge Alfred G. Nicols ); copies mailed. (spc) (Entered: 10/25/1994)

RESPONSE by third−party defendant Malcolm E. McMillin to [76−1] motion for Writ of execution by plaintiff (spc) (Entered: 10/27/1994)

AFFIDAVIT of Douglas Jones, Commander of the Hinds County Detention Center. (spc) (Entered: 10/27/1994)

Second Amended MOTION by plaintiff Robert Wilson for Writ of execution (spc) Modified on 10/27/1994 (Entered: 10/27/1994)

Updated second amended MOTION by plaintiff Robert Wilson for Writ of execution (spc) Modified on 10/31/1994 (Entered: 10/28/1994)

Letter from State Fire Marshal with copy of inspection conducted 10/28/94 of the Jackson City Jail. (spc) (Entered: 11/01/1994)

Letter from City Attorney with attached reports: Nutrition Evaluation Report dated 9/29/94 and Jail Population Reports dated 10/1/94 thru 10/10/94 and 10/11/94 thru 10/23/94. (spc) (Entered: 11/01/1994)

Minute entry: Hearing 10/28/94 before Judge Nicols on request for issuance of writ of execution. Magistrate converted motion hearing to settlement discussion; basic principles of settlement were arrived at between the parties; attorneys are to submit proposed order to the Court. (spc) (Entered: 11/03/1994)

ORDER granting [79−1] [78−1] [71−1] [57−1] petitions for Writ of execution to collect contempt fine. Ordered that Sheriff McMillan and/or Chancery Clerk Alice James, chief financial officer of the revenues of Hinds County, shall pay the sum of $75,000.00 into registry of Court within 30 days of the date of this Order. City of Jackson directed to pay $300.00 into the registry of Court within 30 days of the date of this Order. Counsel for defendant to file with Clerk a report naming day and extent to which the new Hinds County Detention Center is officially opened. Possibility of remittance of all contempt fine payments if defendants observe and maintain strict compliance with 11/29/93 Contempt Order. ( signed by Magistrate Judge Alfred G. Nicols ); copies mailed. (spc) (Entered: 11/08/1994)

Letter from City Attorney with attached reports: 1. Nutrition evaluation report dated 10/29/94 2. Sanitation Inspection report dated 10/24/94 3. Jail Population report dated 10/23/94 thru 10/31/94 and 4. Fire Safety Inspection report dated 10/28/94. (spc) (Entered: 11/15/1994)

Contempt fine in the amount of $300.00 paid by City of Jackson for Jail Overcrowding − receipt #5436 (an) Modified on 11/25/1994 (Entered: 11/25/1994)

Contempt fine in the amount of $75,000.00 pd by Hinds County, MS for jail overcrowding, receipt #5449. (fe) (Entered: 11/28/1994)

Letter from City Attorney with attached Jail Population Report dated 11/1/94 thru 11/14/94 and Fire Safety Inspection Reports dated 9/22/94 and 10/27/94. (spc) (Entered: 12/09/1994)

Letter from State Fire Marshal with copy of inspection conducted on Jackson City Jail 12/7/94. (spc) (Entered: 12/22/1994)

Letter from Hinds County Sheriff's Dept. reporting official opening of Hinds County Detention Center in Raymond, MS, on 11/14/94. (spc) (Entered: 01/12/1995)

Letter from State Fire Marshal with fire safety inspection report for Jackson City Jail dated 1/30/95. (spc) (Entered: 02/01/1995)

MOTION by third−party defendant Malcolm E. McMillin for remittance of fines paid (spc) (Entered: 02/02/1995)

Supplement to [89−1] inspection report by State Fire Marshal correcting inspection date from 12/27/94 to 1/27/95. (spc) (Entered: 03/09/1995)

JOINT MOTION by plaintiff Robert Wilson, defendant City of Jackson to Dismiss or substitute defendants , for carryover of existing orders and for forfeiture and equitable distribution of contempt fines. (spc) (Entered: 03/10/1995)

REPORT TO THE COURT by State Fire Marshal of inspection of Jackson City Jail 3/8/95. (spc) (Entered: 03/23/1995)

REPORT TO THE COURT by State Fire Marshal of inspection conducted 4/3/95 of the City Jail. (spc) (Entered: 04/12/1995)

AGREED ORDER granting in part, denying in part [92−1] joint motion to Dismiss or substitute defendants, granting in part, denying in part [92−2] joint motion for carryover of existing orders, mooting [90−1] motion for remittance of fines paid. City of Jackson and all named city officials are dismissed and Hinds County Board of Supervisors in their official capacities are substituted. Order provides for disbursement of funds. If the Hinds County defendants maintain substantial compliance with the orders of this court for a period of 2 years, then, upon agreement the obligation to pay attorney's fees and costs will end, the court's jurisdiction will end, and this case will be dismissed in its entirety with prejudice. All other pending motions, or portions thereof, not specifically addressed above are denied. ( signed by Magistrate Judge Alfred G. Nicols ); copies mailed. (spc) (Entered: 05/05/1995)

Receipt No. 7700 for $76,345.72 from Deposit Guaranty Bank. (spc) (Entered: 05/16/1995)

Fire Safety Inspection REPORT by State Fire Marshal on Jackson City Jail conducted 5/15/95. (spc) (Entered: 05/22/1995)

Fire Safety Inspection REPORT by State Fire Marshal of the Jackson City Jail conducted 6/6/95. (spc) (Entered: 06/08/1995)