Case: United States v. Mississippi

3:16-cv-00622 | U.S. District Court for the Southern District of Mississippi

Filed Date: Aug. 11, 2016

Case Ongoing

Clearinghouse coding complete

Case Summary

On August 11, 2016 , the Attorney General and Civil Rights Division of the U.S. Department of Justice (DOJ) filed this lawsuit in the Southern District of Mississippi. The DOJ sued the State of Mississippi under Title II of the Americans with Disabilities Act and the Civil Rights of Institutionalized Persons Act (CRIPA). The DOJ asked the court to enjoin the State of Mississippi from discriminating against adults with mental illness and from failing to provide them with appropriate integrated c…

On August 11, 2016 , the Attorney General and Civil Rights Division of the U.S. Department of Justice (DOJ) filed this lawsuit in the Southern District of Mississippi. The DOJ sued the State of Mississippi under Title II of the Americans with Disabilities Act and the Civil Rights of Institutionalized Persons Act (CRIPA). The DOJ asked the court to enjoin the State of Mississippi from discriminating against adults with mental illness and from failing to provide them with appropriate integrated community programs.

The DOJ claimed that Mississippi violated the Americans with Disabilities Act by "administering the State's mental health service system in a manner that denies qualified adults with mental illness the benefits of the State's mental health services." Further, the DOJ argued that State hospitals were segregated because they restricted contact with people without disabilities, and presented a lack of meaningful choice for patients in opportunities such as choosing friends, food, living space, activities, and employment.

On October 24, 2016, the State filed a motion to consolidate this case with Troupe v. Barbour, a case filed in the Southern District of Mississippi that commenced in 2010. In that case, four minor plaintiffs made claims against the State regarding its treatment of them as children with mental illness. On December 6, a magistrate judge found the cases to have common questions of law and fact and ordered their consolidation. But soon afterward, the plaintiffs in both cases filed a motion for reconsideration of the consolidation. On March 19, 2017, District Court Judge Henry T. Wingate vacated the December 6 consolidation order, finding that there were few common questions of fact between the cases and that consolidating them would result in undue delays and injustice to the plaintiffs.

After months of discovery, defendants moved for summary judgement on December 21, 2018, claiming that the plaintiffs lacked standing and had failed to prove that a reasonable modification of Mississippi's mental health system was available. Judge Carlton W. Reeves denied the motion on May 13, 2019, finding that plaintiffs had standing and that they had met the burden of suggesting a plausible accommodation to the mental health system.

After four weeks of a bench trial, the court issued an opinion on September 3, 2019. The court found that Mississippi's healthcare system fell short of the requirements established by law and that the state operated a system that unlawfully discriminated against persons with serious mental illness. As a remedy, Judge Reeves ordered that the parties propose names of possible three special masters to oversee the state's move to community-based care and set a hearing to discuss the potential special master. From those three possible names, one would be selected to help the parties craft the appropriate remedy. United States v. Mississippi, 400 F. Supp. 3d 546 (S.D. Miss. 2019). After a hearing on the matter, on February 25, 2020, Judge Reeves appointed Dr. Michael Hogan, an expert with twenty-five years of experience leading statewide mental health systems as special master.

On July 12, 2021, the court held a hearing on Dr. Hogan’s proposed remedial plan, the United States’s proposal, and Mississippi’s proposal. Two days later, the court adopted Dr. Hogan's recommendations in full. United States v. Mississippi, No. 3:16-CV-622-CWR-FKB, 2021 WL 2953672 (S.D. Miss. July 14, 2021). The remedial plan provides for Mississippi to develop and implement effective measures to prevent unnecessary institutionalization in State Hospitals. Such measures shall include increasing the availability of community-based services as set forth in the remedial order. The court later appointed Dr. Hogan as the Monitor to assess the State’s compliance with this order, and entered final judgment for the plaintiff on September 7, 2021.

On October 6, 2021, the state of Mississippi appealed the final judgment to the United States Court of Appeals for the Fifth Circuit. On October 15, 2021, Judge Reeves granted the state's motion to stay certain provisions of the order pending appeal. Provisions stayed included items involving increased spending or potential program development and proposed State responsibility to develop an
Implementation Plan, and a Clinical Review process. Other elements of the order, including monitoring compliance, remained in effect.

On March 4, 2022, Dr. Hogan issued his first report, although it was not yet possible for him to make definitive findings on most aspects of compliance. However, he did acknowledge that the state has provided funds to support the community services required by the order, except those subject to the stay. Thus, there was at least partial compliance, but not all programs were operational yet, and it is unclear whether those that are operational were functioning adequately. 

The case is ongoing as of April 11, 2022, as compliance is still being monitored and the case is still pending appeal.

Summary Authors

Neil Tiwari (10/4/2016)

Lauren Latterell Powell (10/27/2017)

Cedar Hobbs (11/27/2019)

Michelle Wolk (4/11/2022)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4516188/parties/united-states-v-the-state-of-mississippi/


Judge(s)

Ball, F. Keith (Mississippi)

Reeves, Carlton Wayne (Mississippi)

Attorneys(s) for Plaintiff

Castillo, Jorge Martin (District of Columbia)

Davis, Gregory K. (Mississippi)

Donnelly, Matthew J. (District of Columbia)

Erem, Haley Van (District of Columbia)

Fox, Deena (District of Columbia)

Gupta, Vanita (District of Columbia)

Holkins, Patrick (District of Columbia)

Hucek, Kristin (District of Columbia)

Judge(s)

Ball, F. Keith (Mississippi)

Reeves, Carlton Wayne (Mississippi)

Attorneys(s) for Plaintiff

Castillo, Jorge Martin (District of Columbia)

Davis, Gregory K. (Mississippi)

Donnelly, Matthew J. (District of Columbia)

Erem, Haley Van (District of Columbia)

Fox, Deena (District of Columbia)

Gupta, Vanita (District of Columbia)

Holkins, Patrick (District of Columbia)

Hucek, Kristin (District of Columbia)

Johnston, Maureen (District of Columbia)

Kelley, Elizabeth (District of Columbia)

Lynch, Loretta (New York)

Mallinson, Catharine A. (New Hampshire)

Mayberry, Candace (Mississippi)

McDonald, Ashley (District of Columbia)

Paige, Mitzi Dease (Mississippi)

Perez, Thomas E. (District of Columbia)

Polansky, Jessica (District of Columbia)

Rosenbaum, Steven H. (District of Columbia)

Rush, Regan (District of Columbia)

Russo, Sarah Teresa (District of Columbia)

Schutzer, Mathew S. (District of Columbia)

Weinstock, Lindsey (New York)

Attorneys(s) for Defendant

Anderson, Reuben V. (Mississippi)

Clark, Howard David III (Mississippi)

Edwards, Arthur Martin IV (Mississippi)

Gilmore, Nash E (Mississippi)

Halbert, Mark N (Ohio)

Mayer, Robert Gregg (Mississippi)

McMillian, Nikita S (Mississippi)

Merritt, LaToya C (Mississippi)

Shelson, James W. (Mississippi)

Siler, William T. Jr. (Mississippi)

Woods, Mary Jo (Mississippi)

Documents in the Clearinghouse

Document

3:16-cv-00622

Docket [PACER]

Nov. 18, 2019

Nov. 18, 2019

Docket

3:16-cv-00622

Re: United States' Investigation of the State of Mississippi's Service System for Persons with Mental Illness and Developmental Disabilities

No Court

Dec. 22, 2011

Dec. 22, 2011

Findings Letter/Report
1

3:16-cv-00622

Complaint

Aug. 11, 2016

Aug. 11, 2016

Complaint
204

3:16-cv-00622

Order Denying Summary Judgment

May 13, 2019

May 13, 2019

Order/Opinion
234

3:16-cv-00622

Memorandum Opinion and Order

400 F.Supp.3d 546

Sept. 3, 2019

Sept. 3, 2019

Order/Opinion
241

3:16-cv-00622

Order Appointing Special Master

Feb. 25, 2020

Feb. 25, 2020

Order/Opinion
273

3:16-cv-00622

Order

July 14, 2021

July 14, 2021

Order/Opinion
278

3:16-cv-00622

Remedial Order

Sept. 7, 2021

Sept. 7, 2021

Order/Opinion
337

3:16-cv-00622

First Report of the Court Monitor

March 4, 2222

March 4, 2222

Monitor/Expert/Receiver Report

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4516188/united-states-v-the-state-of-mississippi/

Last updated Aug. 12, 2022, 3 a.m.

ECF Number Description Date Link Date / Link

Set/Reset Hearings: Telephone Conference set for 7/19/2016 01:30 PM before District Judge William H. Barbour Jr. (Lewis, Nijah)

July 7, 2016

July 7, 2016

PACER

Minute Entry for proceedings held before District Judge William H. Barbour, Jr: Telephone Conference held on 7/19/2016 regarding Settlement Agreement. Participates: Christopher Cheng, Elizabeth C. Kelley, Regan Rush, U.S. Department of Justice, Civil Rights Division, Washington, D.C.; Mitzi Paige, U.S. Attorneys office; Peter Teeuwissen, Anthony Simmons, Attorney for the Hinds County Bd of Supervisors; Claire Barker, Attorney for the Hinds County Sheriff's Department. Telephone conference regarding the proposed Settlement Agreement. All parties agreed that they agree with the Settlement Agreement on behalf of their clients and that all parties were ready to implement the agreement. 7/19/2016 (Lewis, Nijah).

July 19, 2016

July 19, 2016

PACER
1

COMPLAINT against The State of Mississippi, filed by United States of America. (Attachments: # 1 Civil Cover Sheet).(TLC) (Entered: 08/11/2016)

1 Civil Cover Sheet

View on PACER

Aug. 11, 2016

Aug. 11, 2016

Clearinghouse
2

WAIVER OF SERVICE Returned Executed by United States of America. The State of Mississippi waiver sent on 8/11/2016, answer due 10/11/2016. (Paige-Federal Gov, Mitzi) (Entered: 09/02/2016)

Sept. 2, 2016

Sept. 2, 2016

PACER
3

ANSWER to 1 Complaint by The State of Mississippi.(Anderson, Reuben) (Entered: 10/11/2016)

Oct. 11, 2016

Oct. 11, 2016

RECAP
4

NOTICE of Appearance by James W Shelson on behalf of The State of Mississippi (Shelson, James) (Entered: 10/11/2016)

Oct. 11, 2016

Oct. 11, 2016

PACER
5

NOTICE of Appearance by William T. Siler, Jr on behalf of The State of Mississippi (Siler, William) (Entered: 10/11/2016)

Oct. 11, 2016

Oct. 11, 2016

PACER
6

NOTICE of Appearance by Robert Gregg Mayer on behalf of The State of Mississippi (Mayer, Robert) (Entered: 10/11/2016)

Oct. 11, 2016

Oct. 11, 2016

PACER
7

NOTICE of Appearance by Arthur Martin Edwards, IV on behalf of The State of Mississippi (Edwards, Arthur) (Entered: 10/11/2016)

Oct. 11, 2016

Oct. 11, 2016

PACER
8

MOTION to Consolidate Cases by The State of Mississippi (Attachments: # 1 Exhibit A - Letter from Gupta to Hood (August 8, 2016), # 2 Exhibit B - Press Release (August 11, 2016))(Mayer, Robert) (Entered: 10/24/2016)

1 Exhibit A - Letter from Gupta to Hood (August 8, 2016)

View on RECAP

2 Exhibit B - Press Release (August 11, 2016)

View on RECAP

Oct. 24, 2016

Oct. 24, 2016

RECAP
9

MEMORANDUM in Support re 8 MOTION to Consolidate Cases filed by The State of Mississippi (Mayer, Robert) (Entered: 10/24/2016)

Oct. 24, 2016

Oct. 24, 2016

RECAP
10

MOTION to Stay Proceedings by The State of Mississippi (Mayer, Robert) (Entered: 10/24/2016)

Oct. 24, 2016

Oct. 24, 2016

RECAP
11

MEMORANDUM in Support re 10 MOTION to Stay Proceedings filed by The State of Mississippi (Mayer, Robert) (Entered: 10/24/2016)

Oct. 24, 2016

Oct. 24, 2016

RECAP
12

Rule 16(a) Initial Order Telephonic Case Management Conference set for 12/8/2016 03:00 PM before Magistrate Judge F. Keith Ball. No later than seven (7) days prior to the TCMC, a confidential memorandum AND a proposed Case Management Order shall be submitted via e-mail to ball_chambers@mssd.uscourts.gov. Counsel for Plaintiff shall set up the conference and contact the Court at 601-608-4460. (JEJ) (Entered: 11/07/2016)

Nov. 7, 2016

Nov. 7, 2016

PACER
13

RESPONSE in Opposition re 8 MOTION to Consolidate Cases filed by United States of America (Attachments: # 1 Exhibit Troupe Complaint, # 2 Exhibit United States Complaint, # 3 Exhibit Think Recovery Newsletter, # 4 Exhibit FY2016-2017 State Plan)(Kelley-Federal Gov, Elizabeth) (Entered: 11/07/2016)

1 Exhibit Troupe Complaint

View on PACER

2 Exhibit United States Complaint

View on PACER

3 Exhibit Think Recovery Newsletter

View on RECAP

4 Exhibit FY2016-2017 State Plan

View on PACER

Nov. 7, 2016

Nov. 7, 2016

RECAP
14

MEMORANDUM IN SUPPORT re 13 Response in Opposition to Motion, filed by United States of America (Kelley-Federal Gov, Elizabeth) (Entered: 11/07/2016)

Nov. 7, 2016

Nov. 7, 2016

RECAP
15

RESPONSE in Opposition re 10 MOTION to Stay Proceedings filed by United States of America (Kelley-Federal Gov, Elizabeth) (Entered: 11/07/2016)

Nov. 7, 2016

Nov. 7, 2016

PACER
16

MEMORANDUM IN SUPPORT re 15 Response in Opposition to Motion filed by United States of America (Kelley-Federal Gov, Elizabeth) (Entered: 11/07/2016)

Nov. 7, 2016

Nov. 7, 2016

RECAP

Docket Annotation

Nov. 15, 2016

Nov. 15, 2016

PACER
17

Unopposed MOTION for Protective Order Regarding Health Information by United States of America (Attachments: # 1 Exhibit 1. Proposed Protective Order)(Mallinson-Federal Gov, Catharine) (Entered: 11/15/2016)

1 Exhibit 1. Proposed Protective Order

View on PACER

Nov. 15, 2016

Nov. 15, 2016

PACER

DOCKET ANNOTATION as to # 17 . Proposed orders are not to be electronically filed as a separate pleading or as an attachment to a pleading, but instead are to be provided to chambers by e-mail (Court's Administrative Procedures for Electronic Case Filing Sec.5.B.). (ND)

Nov. 15, 2016

Nov. 15, 2016

PACER
18

PROTECTIVE ORDER REGARDING HEALTH INFORMATION granting 17 Motion for Protective Order. Signed by Magistrate Judge F. Keith Ball on 11/17/2016. (JRB) (Entered: 11/17/2016)

Nov. 17, 2016

Nov. 17, 2016

PACER
19

Rebuttal re 8 MOTION to Consolidate Cases filed by The State of Mississippi (Attachments: # 1 Exhibit 1 - Letter from Perez to Barbour (December 22, 2011), # 2 Exhibit 2 - Letter from Hood to Smith (August 29, 2014))(Mayer, Robert) (Entered: 11/17/2016)

1 Exhibit 1 - Letter from Perez to Barbour (December 22, 2011)

View on RECAP

2 Exhibit 2 - Letter from Hood to Smith (August 29, 2014)

View on PACER

Nov. 17, 2016

Nov. 17, 2016

RECAP
20

Rebuttal re 10 MOTION to Stay Proceedings filed by The State of Mississippi (Attachments: # 1 Exhibit 1 - Letter from Perez to Barbour (December 22, 2011))(Mayer, Robert) (Entered: 11/17/2016)

1 Exhibit 1 - Letter from Perez to Barbour (December 22, 2011)

View on PACER

Nov. 17, 2016

Nov. 17, 2016

PACER
21

NOTICE of Service of Pre-Discovery Disclosure by United States of America (Kelley-Federal Gov, Elizabeth) (Entered: 12/01/2016)

Dec. 1, 2016

Dec. 1, 2016

PACER
22

ORDER Consolidating Civil Action No. 3:16-cv-622 and Civil Action No. 3:10-cv-153. ALL FUTURE FILINGS SHALL BE FILED IN CIVIL ACTION NO. 3:10-cv-153. Signed by Magistrate Judge Michael T. Parker on 12/6/16. (RRL) (Entered: 12/07/2016)

Dec. 6, 2016

Dec. 6, 2016

RECAP

TEXT-ONLY ORDER cancelling telephonic case management conference set for December 8, 2016. No further written order shall issue from the Court. Signed by Magistrate Judge F. Keith Ball on 12/7/2016. (JEJ)

Dec. 7, 2016

Dec. 7, 2016

PACER

Order

Dec. 7, 2016

Dec. 7, 2016

PACER

Minute Entry for proceedings held before Magistrate Judge John C. Gargiulo: TELEPHONIC Status Conference held on 12/8/2016 with Court appointed expert. A baseline visit was conducted in October, and a findings letter has been provided to the appropriate parties. The expert is currently finalizing a monitor plan, and will provide same to parties. A monitor visit is scheduled for early February, with the expert's findings to be formally filed thereafter. A telephonic status conference will be scheduled by separate docket entry. (AB)

Dec. 8, 2016

Dec. 8, 2016

PACER

NOTICE of Hearing: TELEPHONIC Status Conference set for 2/17/2017 at 9:30 AM before Magistrate Judge John C. Gargiulo. Counsel for Plaintiff will place the call to Judge Gargiulo's Chambers with all necessary counsel already on the line along with the Court appointed expert. (AB)

Dec. 8, 2016

Dec. 8, 2016

PACER
23

NOTICE of Appearance by Patrick Holkins-Federal Gov on behalf of United States of America (Holkins-Federal Gov, Patrick) (Entered: 02/14/2017)

Feb. 14, 2017

Feb. 14, 2017

PACER

Minute Entry for proceedings held before Magistrate Judge John C. Gargiulo: TELEPHONIC Status Conference held on 2/17/2017 regarding status of completion of requirements of the consent agreement. A base line tour has been completed. There has been significant progress made toward compliance however, there remain certain requirement deadlines that have not been complied with and are past due. The Defendant Hinds County has retained a Consent Agreement Compliance Coordinator (Synarus Green) who has been appraised of the priority recommendations and overall status. The next monitoring site visit will take place in June. An in-person status conference will be scheduled by the Court at which the Court expects the Defendants to be in compliance with all past due deadlines addressed during the telephone conference, and be prepared to address compliance with all prior recommendations made. The parties have agreed to convene at the Gulfport Courthouse. The Court directs that the Hinds County Sherriff and the President of the Hinds County Board of Supervisors be present at the upcoming in-person status conference. Participates: Christopher Cheng and Candace Mayberry (counsel for Plaintiff); Peter Teeuwissen and Anthony Simon (counsel for Defendant Hinds County Board of Supervisors); Claire Barker (counsel for Defendant Hinds County Sheriff Victor Mason); Elizabeth Simpson (Court Appointed Expert); Mary Rushing (Hinds County Warden); Synarus Green (Hinds County Compliance Officer); Pete Luke (Hinds County Operations Officer). (AB)

Feb. 17, 2017

Feb. 17, 2017

PACER

NOTICE of Hearing: IN-PERSON Status Conference set for 7/10/2017 at 2:00 PM in Courtroom 683 (Gulfport) before Magistrate Judge John C. Gargiulo. (AB)

Feb. 17, 2017

Feb. 17, 2017

PACER
131

ORDER: that these cases are no longer consolidated as set out herein. Signed by District Judge Henry T. Wingate on 3/19/2017 (cwl) (Entered: 10/30/2018)

March 19, 2017

March 19, 2017

PACER
24

NOTICE of Appearance by Mathew Schutzer-Federal Gov on behalf of United States of America (Schutzer-Federal Gov, Mathew) (Entered: 03/20/2017)

March 20, 2017

March 20, 2017

PACER
25

NOTICE of Appearance by Regan Rush-Federal Gov on behalf of United States of America (Rush-Federal Gov, Regan) (Entered: 03/21/2017)

March 21, 2017

March 21, 2017

PACER
26

MOTION to Withdraw as Attorney by United States of America (Kelley-Federal Gov, Elizabeth) (Entered: 03/21/2017)

March 21, 2017

March 21, 2017

PACER

TEXT-ONLY ORDER granting 26 Motion to Withdraw as Attorney. Attorney Elizabeth C. Kelley-Federal Gov terminated. NO FURTHER WRITTEN ORDER SHALL ISSUE. Signed by Magistrate Judge F. Keith Ball on 3/22/2017. (JRB)

March 22, 2017

March 22, 2017

PACER

Order on Motion to Withdraw as Attorney

March 22, 2017

March 22, 2017

PACER
27

Rule 16(a) Initial Order Telephonic Case Management Conference set for 5/4/2017 03:30 PM before Magistrate Judge F. Keith Ball. No later than seven (7) days prior to the TCMC, a confidential memorandum AND a proposed Case Management Order shall be submitted via e-mail to ball_chambers@mssd.uscourts.gov. Counsel for Plaintiff shall set up the conference and, once all the parties are on the line, contact the Court at 601-608-4460. (JEJ) (Entered: 04/12/2017)

April 12, 2017

April 12, 2017

PACER

Minute Entry for proceedings held before Magistrate Judge F. Keith Ball: Telephonic Case Management Conference held on 5/4/2017 in Jackson, MS. (JEJ)

May 4, 2017

May 4, 2017

PACER

Telephonic Case Management Conference

May 4, 2017

May 4, 2017

PACER

TEXT-ONLY ORDER. This case came before the undersigned for a telephonic case management conference (TCMC) on 5/4/2017. Appearing: Matthew Schutzer, Catharine Mallinson, Candace Mayberry, Regan Rush, Deena Fox, Patrick Holkins, Jim Shelson, and Mary Jo Woods. Based on the parties' submissions and discussion during the TCMC, numerous disputes exist between the parties regarding certain preliminary matters and the terms of a case management order (CMO). Accordingly, the undersigned hereby orders that counsel meet and confer in an attempt to agree to the terms of a CMO, and if unable to agree on all terms, each party must file a motion for entry of a case management order by 5/26/2017. Counsel must attach as an exhibit to the motion a proposed CMO, and as to each CMO term in dispute, counsel must state in the motion the party's position as to why their proposed term(s) should be adopted by the Court. No further written order shall issue from the Court. Signed by Magistrate Judge F. Keith Ball on 5/5/2017. (JEJ)

May 5, 2017

May 5, 2017

PACER

Order

May 5, 2017

May 5, 2017

PACER
28

NOTICE of Appearance by Mary Jo Woods-State Gov on behalf of The State of Mississippi (Woods-State Gov, Mary) (Entered: 05/11/2017)

May 11, 2017

May 11, 2017

PACER

Docket Annotation

May 26, 2017

May 26, 2017

PACER
29

MOTION Entry of a Case Management Order by United States of America (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Schutzer-Federal Gov, Mathew) (Entered: 05/26/2017)

1 Exhibit A

View on RECAP

2 Exhibit B

View on RECAP

May 26, 2017

May 26, 2017

RECAP
30

MEMORANDUM in Support re 29 MOTION Entry of a Case Management Order filed by United States of America (Schutzer-Federal Gov, Mathew) (Entered: 05/26/2017)

May 26, 2017

May 26, 2017

RECAP
31

MOTION for Entry of a Proposed Case Management Order by The State of Mississippi (Attachments: # 1 Exhibit 1 - Joint Stipulation, # 2 Exhibit 2 - Proposed CMO, # 3 Exhibit A - Joint Scheduling Table)(Shelson, James) (Entered: 05/26/2017)

1 Exhibit 1 - Joint Stipulation

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2 Exhibit 2 - Proposed CMO

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3 Exhibit A - Joint Scheduling Table

View on PACER

May 26, 2017

May 26, 2017

PACER

DOCKET ANNOTATION as to # 29 . 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)

May 26, 2017

May 26, 2017

PACER
32

RESPONSE in Opposition re 31 MOTION for Entry of a Proposed Case Management Order filed by United States of America (Schutzer-Federal Gov, Mathew) (Entered: 06/01/2017)

June 1, 2017

June 1, 2017

RECAP
33

Rebuttal re 31 MOTION for Entry of a Proposed Case Management Order filed by The State of Mississippi (Attachments: # 1 Exhibit 1 - Discovery Plan, # 2 Exhibit 2 - Joint Discovery Plan, # 3 Exhibit 3 - Class Action Complaint, # 4 Exhibit 4 - Complaint-in-Intervention, # 5 Exhibit 5 - Joint Rule 26(f) Report)(Shelson, James) (Entered: 06/08/2017)

1 Exhibit 1 - Discovery Plan

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2 Exhibit 2 - Joint Discovery Plan

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3 Exhibit 3 - Class Action Complaint

View on PACER

4 Exhibit 4 - Complaint-in-Intervention

View on PACER

5 Exhibit 5 - Joint Rule 26(f) Report

View on PACER

June 8, 2017

June 8, 2017

PACER
34

RESPONSE in Opposition re 29 MOTION Entry of a Case Management Order filed by The State of Mississippi (Attachments: # 1 Exhibit 1 - Rebuttal)(Shelson, James) (Entered: 06/08/2017)

1 Exhibit 1 - Rebuttal

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June 8, 2017

June 8, 2017

PACER
35

REPLY to Response to Motion re 29 MOTION Entry of a Case Management Order filed by United States of America (Holkins-Federal Gov, Patrick) (Entered: 06/15/2017)

June 15, 2017

June 15, 2017

PACER
36

MOTION to Withdraw as Attorney by The State of Mississippi (Mayer, Robert) (Entered: 06/30/2017)

June 30, 2017

June 30, 2017

PACER

TEXT-ONLY ORDER granting 36 Motion to Withdraw as Attorney. Attorney Robert Gregg Mayer terminated. NO FURTHER WRITTEN ORDER TO ISSUE FROM THE COURT. Signed by Magistrate Judge F. Keith Ball on 7/5/17 (RBM)

July 5, 2017

July 5, 2017

PACER

Order on Motion to Withdraw as Attorney

July 5, 2017

July 5, 2017

PACER

Minute Entry for proceedings held before Magistrate Judge John C. Gargiulo: IN-PERSON Status Conference held on 7/10/2017. PARTICIPANTS: Christopher N. Cheng, Laura L. Coon (Cowell), Candace Gregory Mayberry (counsel for Plaintiff); Pieter Teeuwissen (counsel for Defendant The Hinds County Board of Supervisors); Claire Barker (counsel for Defendant Hinds Co. Sheriff Victor Mason); Elizabeth Simpson (Court Appointed Expert). Status conference regarding compliance with consent agreement. Court Reporter/Transcriber Teri Norton, Telephone Number : 228-563-1748. (AB)

July 10, 2017

July 10, 2017

PACER

NOTICE of Hearing: TELEPHONIC Status Conference set for 9/20/2017 at 10:00 AM before Magistrate Judge John C. Gargiulo. Counsel for Plaintiff will place the call to Judge Gargiulo's Chambers with all necessary counsel already on the line along with the Court appointed expert. (AB)

July 10, 2017

July 10, 2017

PACER

NOTICE of Hearing: IN-PERSON Status Conference set for 10/25/2017 at 2:00 PM in Courtroom 683 (Gulfport) before Magistrate Judge John C. Gargiulo. (AB)

July 10, 2017

July 10, 2017

PACER
37

ORDER granting in part and denying in part 29 and 31 Motions for Entry of Proposed Scheduling Order. Signed by Magistrate Judge F. Keith Ball on 8/22/17 (RBM) (Entered: 08/23/2017)

Aug. 23, 2017

Aug. 23, 2017

RECAP

Minute Entry for proceedings held before Magistrate Judge John C. Gargiulo: TELEPHONIC Status Conference held on 9/20/2017. Participates: Christopher Cheng, Laura L. Coon (Cowell), Mitzi Dease Paige and Patrick Holkins (counsel for Plaintiff); Elizabeth Simpson (Court-Appointed Monitor); Peter Teeuwissen and Anthony Simon (counsel for Defendant Hinds County Board of Supervisors); Darrell McWhorter (Hinds County Board President); Carmen McDavis (Hinds County Administrator); Mickey Parker (Hinds County Personnel Director); Synarus Green (Hinds County Compliance Officer); Sheriff Victor Mason (Hinds County Sheriff); Mary Rushing (Hinds County Jail Administrator); Cpt. Sandra Dalton; Deputy Richard Fielder; Tanecka Moore (Court Facilitator); Kim Jackson (Director of Nursing for Quality Correction Health Care); Johnny McDaniels (Youth Detention Center). The Court received a progress report regarding compliance with the consent agreement. Significant progress has been made, and the parties continue to proceed toward compliance with the consent decree. A status conference has been scheduled to take place after the monitoring team's onsite visit. (AB)

Sept. 20, 2017

Sept. 20, 2017

PACER

Set Hearing: Telephonic Status Conference set for 10/10/2017 11:30 AM before Magistrate Judge F. Keith Ball. Counsel for the plaintiff shall set up the conference and contact the Court at 601-608-4460. (JEJ)

Oct. 4, 2017

Oct. 4, 2017

PACER

Set/Reset Hearings

Oct. 4, 2017

Oct. 4, 2017

PACER

Set/Reset Hearings

Oct. 10, 2017

Oct. 10, 2017

PACER
38

NOTICE of Appearance by Candace Mayberry-Federal Gov on behalf of United States of America (Mayberry-Federal Gov, Candace) (Entered: 10/10/2017)

Oct. 10, 2017

Oct. 10, 2017

PACER

RESET Hearing: Telephonic Status Conference reset for 10/11/2017 03:00 PM before Magistrate Judge F. Keith Ball. Counsel for the plaintiff shall set up the conference and, once all the parties are on the line, contact the Court at 601-608-4460. (JEJ)

Oct. 10, 2017

Oct. 10, 2017

PACER

Minute Entry for proceedings held before Magistrate Judge F. Keith Ball: Telephonic Status Conference held on 10/11/2017 in Jackson, MS. Appearances: Matthew Schutzer, Regan Rush, Candace Mayberry, Mitzi Dease Paige and Tommy Siler. (JEJ)

Oct. 11, 2017

Oct. 11, 2017

PACER

Status Conference

Oct. 11, 2017

Oct. 11, 2017

PACER
39

CASE MANAGEMENT ORDER. Motions for Amended Pleadings due by 11/13/2017; Discovery due by 10/30/2018; Motions due by 11/14/2018; Settlement Conference set for 10/16/2018 09:00 AM before Magistrate Judge F. Keith Ball. Seven (7) days before the settlement conference, the parties must submit via e-mail to ball_chambers@mssd.uscourts.gov an updated CONFIDENTIAL SETTLEMENT MEMORANDUM. All parties are required to be present at the conference unless excused by the Court. If a party believes the scheduled settlement conference would not be productive and should be cancelled, the party is directed to inform the Court via e-mail of the grounds for their belief at least seven (7) days prior to the conference. Pretrial Conference set for 4/12/2019, time to be determined, in Courtroom 5B (Jackson) Reeves before District Judge Carlton W. Reeves; Jury Trial set for a two-week term of court commencing 5/20/2019 09:00 AM in Courtroom 5B (Jackson) Reeves before District Judge Carlton W. Reeves. Signed by Magistrate Judge F. Keith Ball on 10/13/2017. (JEJ) (Entered: 10/13/2017)

Oct. 13, 2017

Oct. 13, 2017

PACER
40

NOTICE of Service of First Interrogatories and First Request for Production by United States of America (Schutzer-Federal Gov, Mathew) (Entered: 10/13/2017)

Oct. 13, 2017

Oct. 13, 2017

PACER

TEXT ONLY ORDER granting 17 Motion to Withdraw, filed by Elizabeth C. Kelley. Elizabeth C. Kelley is granted leave to withdraw as counsel for the United States. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge John C. Gargiulo on 10/25/2017 (HM)

Oct. 25, 2017

Oct. 25, 2017

PACER

Minute Entry for proceedings held before Magistrate Judge John C. Gargiulo: IN-PERSON Status Conference held on 10/25/2017. Participates: Christopher Cheng, Laura L. Coon (Cowell), Candace Mayberry (counsel for Plaintiff); Elizabeth Simpson (Court-Appointed Monitor); Peter Teeuwissen and Anthony Simon (counsel for Defendant Hinds County Board of Supervisors); Sheriff Victor Mason (Hinds County Sheriff); Mary Rushing (Hinds County Jail Administrator); Cpt. Sandra Dalton; Kenneth Bryant (Supervisor); Kendria Johnson (Administrative Assistant); Carmen Davis (Hinds County Administrator); Pete Luke (Hinds County Operations Office); Shelly Blaine (Fiscal Director). The Court received a progress report from the Court Monitor regarding compliance with the consent agreement. A telephonic status conference and an in-person status conference will be scheduled. Tape Number: 10/25/2017. (AB)

Oct. 25, 2017

Oct. 25, 2017

PACER

NOTICE of Hearing: TELEPHONIC Status Conference set for 12/5/2017 at 10:00 AM before Magistrate Judge John C. Gargiulo. Counsel for Plaintiff will place the call to Judge Gargiulo's Chambers with all necessary counsel already on the line along with the Court Monitor. (AB)

Oct. 25, 2017

Oct. 25, 2017

PACER

NOTICE of Hearing: IN-PERSON Status Conference set for 3/8/2018 at 2:00 PM in Courtroom 683 (Gulfport) before Magistrate Judge John C. Gargiulo. (AB)

Oct. 25, 2017

Oct. 25, 2017

PACER
41

NOTICE of Service of Interrogatories by The State of Mississippi (Shelson, James) (Entered: 10/26/2017)

Oct. 26, 2017

Oct. 26, 2017

PACER
42

NOTICE of Service of Request for Production by The State of Mississippi (Shelson, James) (Entered: 10/26/2017)

Oct. 26, 2017

Oct. 26, 2017

PACER
43

NOTICE of Service of Response to Interrogatories by The State of Mississippi (Shelson, James) (Entered: 11/14/2017)

Nov. 14, 2017

Nov. 14, 2017

PACER
44

NOTICE of Appearance by Ashley McDonald-Federal Gov on behalf of United States of America (McDonald-Federal Gov, Ashley) (Entered: 11/15/2017)

Nov. 15, 2017

Nov. 15, 2017

PACER
45

NOTICE of Service of Response to Request for Production by The State of Mississippi (Shelson, James) (Entered: 11/22/2017)

Nov. 22, 2017

Nov. 22, 2017

PACER
46

NOTICE of Service of Response to Interrogatories by United States of America (Schutzer-Federal Gov, Mathew) (Entered: 11/27/2017)

Nov. 27, 2017

Nov. 27, 2017

PACER
47

NOTICE of Service of Response to Request for Production by United States of America (Holkins-Federal Gov, Patrick) (Entered: 12/05/2017)

Dec. 5, 2017

Dec. 5, 2017

PACER

Minute Entry for proceedings held before Magistrate Judge John C. Gargiulo: TELEPHONIC Status Conference held on 12/5/2017. Participates: Christopher Cheng, Laura L. Coon (Cowell), Mitzi Dease Paige, Aaron Fleisher and Patrick Holkins (counsel for Plaintiff); Elizabeth Simpson (Court-Appointed Monitor); David Parrish (Monitor Team); Pieter Teeuwissen and Anthony Simon (counsel for Defendant Hinds County Board of Supervisors); Clair Barker (counsel for Hinds County Sheriff Victor Mason); Mary Rushing (Hinds County Jail Administrator); Carmen Davis (Hinds County Administrator); Pete Luke (Hinds County Operations Office); Synarus Green (Hinds County Compliance Officer); Kenny Lewis; Chancellor Denise Owens. The parties and the Court Appointed Monitor presented the Court with an update as to progress toward compliance with the consent agreement, as well as issues to be addressed at the upcoming site visit and in-person status conference. (AB)

Dec. 5, 2017

Dec. 5, 2017

PACER
48

NOTICE of Service of Second Request for Production by United States of America (Schutzer-Federal Gov, Mathew) (Entered: 12/13/2017)

Dec. 13, 2017

Dec. 13, 2017

PACER
49

Unopposed MOTION for Protective Order Regarding CCO Health Plan Proprietary Order by The State of Mississippi (Attachments: # 1 Exhibit 1 - Protective Order, # 2 Exhibit 1A - CCO Protective Order Agreement)(Shelson, James) (Entered: 12/14/2017)

1 Exhibit 1 - Protective Order

View on PACER

2 Exhibit 1A - CCO Protective Order Agreement

View on PACER

Dec. 14, 2017

Dec. 14, 2017

RECAP
50

AGREED ORDER granting 49 Motion for Protective Order Signed by Magistrate Judge F. Keith Ball on 1/3/18 (RBM) (Entered: 01/03/2018)

Jan. 3, 2018

Jan. 3, 2018

RECAP
51

NOTICE of Service of (Responses to Second Request for Production of Documents) Response to Request for Production by The State of Mississippi (Shelson, James) (Entered: 01/30/2018)

Jan. 30, 2018

Jan. 30, 2018

PACER
52

NOTICE of Service of Second Set of Request for Production by The State of Mississippi (Shelson, James) (Entered: 02/09/2018)

Feb. 9, 2018

Feb. 9, 2018

PACER
53

Subpoena Returned Executed as to U. S. Department of Housing and Urban Development. (Shelson, James) (Entered: 02/13/2018)

Feb. 13, 2018

Feb. 13, 2018

PACER
54

Subpoena Returned Executed as to US Dept. of Labor - Office of Disability Employment Policy. (Shelson, James) (Entered: 02/13/2018)

Feb. 13, 2018

Feb. 13, 2018

PACER
55

Subpoena Returned Executed as to Centers for Medicare and Medicaid Services. (Shelson, James) (Entered: 02/13/2018)

Feb. 13, 2018

Feb. 13, 2018

PACER
56

Subpoena Returned Executed as to U.S. Dept. of Health and Human Services. (Shelson, James) (Entered: 02/13/2018)

Feb. 13, 2018

Feb. 13, 2018

PACER

DOCKET ANNOTATION as to # 53, 54, 55, and 56 . Subpoena Return and exhibit are filed as one main document. Exhibits should be scanned separately and docketed as properly identified attachments to the main document within the same docket entry. Attorney is directed to follow this procedure in future filings. L.U.Civ.R. 7.(b)(2). (ND)

Feb. 14, 2018

Feb. 14, 2018

PACER

Docket Annotation

Feb. 14, 2018

Feb. 14, 2018

PACER

Docket Annotation

Feb. 16, 2018

Feb. 16, 2018

PACER
57

Unopposed MOTION for Protective Order by United States of America (Attachments: # 1 Exhibit 1 - Proposed Amended PHI Protective Order, # 2 Exhibit 2 - Proposed Amended PHI Protective Order (Redline))(Schutzer-Federal Gov, Mathew) (Entered: 02/16/2018)

1 Exhibit 1 - Proposed Amended PHI Protective Order

View on PACER

2 Exhibit 2 - Proposed Amended PHI Protective Order (Redline)

View on PACER

Feb. 16, 2018

Feb. 16, 2018

RECAP

DOCKET ANNOTATION as to # 57 . Proposed orders are not to be electronically filed as a separate pleading or as an attachment to a pleading, but instead are to be provided to chambers by e-mail (Court's Administrative Procedures for Electronic Case Filing Sec.5.B.). (ND)

Feb. 16, 2018

Feb. 16, 2018

PACER

Minute Entry for proceedings held before Magistrate Judge John C. Gargiulo: IN-PERSON Status Conference held on 3/8/2018. Participates: Christopher Cheng and Candace Mayberry (counsel for Plaintiff); Elizabeth Simpson (Court-Appointed Monitor); Anthony Simon (counsel for Defendant Hinds County Board of Supervisors); Mike Morgan (President of the Board of Supervisor); Claire Barker (Counsel for Hinds County Sheriff's Department); Mary Rushing (Hinds County Jail Administrator); Cpt. Sandra Dalton; Kenny Lewis; Carmen Davis (Hinds County Administrator); Synarus Green (Hinds County Compliance Officer); Ricky Dedeaux (CSO). The Court received a progress report from the Court Monitor regarding compliance with the consent agreement. An IN-PERSON status conference will be scheduled. Court Reporter/Transcriber Fred Jeske, Telephone Number : 601-255-6432. (AB)

March 8, 2018

March 8, 2018

PACER
58

NOTICE of Appearance by Kristin Elizabeth Hucek-Federal Gov on behalf of United States of America (Hucek-Federal Gov, Kristin) (Entered: 03/13/2018)

March 13, 2018

March 13, 2018

PACER

NOTICE of Hearing: IN-PERSON Status Conference set for 8/29/2018 at 2:00 PM in Courtroom 683 (Gulfport) before Magistrate Judge John C. Gargiulo. (AB)

March 14, 2018

March 14, 2018

PACER

Case Details

State / Territory: Mississippi

Case Type(s):

Mental Health (Facility)

Special Collection(s):

Olmstead Cases

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 11, 2016

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The United States of America

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Mississippi, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq.

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 2021 - None

Content of Injunction:

Monitor/Master

Issues

General:

Classification / placement

Individualized planning

Placement in mental health facilities

Reasonable Modifications

Totality of conditions

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Integrated setting

Least restrictive environment

Mental impairment

Mental Disability:

Depression

Intellectual/developmental disability, unspecified

Mental Illness, Unspecified

Schizophrenia

Medical/Mental Health:

Mental health care, general

Mental health care, unspecified

Type of Facility:

Government-run