Case: Crosby & U.S. v. Jones County

2:92-cv-00235 | U.S. District Court for the Southern District of Mississippi

Filed Date: Oct. 20, 1992

Closed Date: July 23, 1996

Clearinghouse coding complete

Case Summary

In 1992, plaintiffs filed a class action suit against Jones County and several officers and board members of the Jones County Jail in the district court for the Southern District of Mississippi. In May of 1993, the U.S. Department of Justice notified Jones County, Mississippi of its intention to investigate conditions of the county jail. In June of 1993, following the investigation, the DOJ notified the President of the Jones County Board of Supervisors of its findings and made recommendation…

In 1992, plaintiffs filed a class action suit against Jones County and several officers and board members of the Jones County Jail in the district court for the Southern District of Mississippi.

In May of 1993, the U.S. Department of Justice notified Jones County, Mississippi of its intention to investigate conditions of the county jail. In June of 1993, following the investigation, the DOJ notified the President of the Jones County Board of Supervisors of its findings and made recommendations regarding new jail construction; sanitation; medical and mental healthcare; security staff and supervision; crowding; exercise; fire safety; suicide prevention; access to a law library. In September of 1993, the Attorney General intervened in plaintiffs' case against Jones County and filed an action under the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. section 1997 et seq., against the jail. Shortly thereafter, the district court (Judge Charles W. Pickering) approved a consent decree. The consent decree laid out steps the county must take to improve issues discussed in the DOJ's letter of findings and recommendations. According to the docket from PACER, the county submitted status reports to the court until the end of 1994, and in 1996, the court granted defendants' motion to dismiss.

Summary Authors

Lauren Cutson (5/25/2005)

People


Judge(s)

Pickering, Charles Willis Sr. (Mississippi)

Attorneys(s) for Plaintiff

Buckley, Travis (Louisiana)

Deutsch, David (District of Columbia)

Turner, James P. (District of Columbia)

Utter, David J. (Louisiana)

Attorneys(s) for Defendant

Boone, Douglas S. (Mississippi)

Dickerson, Gerald A. (Mississippi)

Sumrall, William Wyatt (Mississippi)

Thaxton, Anthony L. (Mississippi)

Weathers, Jon Mark (Mississippi)

Judge(s)

Pickering, Charles Willis Sr. (Mississippi)

Attorneys(s) for Plaintiff

Buckley, Travis (Louisiana)

Deutsch, David (District of Columbia)

Turner, James P. (District of Columbia)

Utter, David J. (Louisiana)

Attorneys(s) for Defendant

Boone, Douglas S. (Mississippi)

Dickerson, Gerald A. (Mississippi)

Sumrall, William Wyatt (Mississippi)

Thaxton, Anthony L. (Mississippi)

Weathers, Jon Mark (Mississippi)

Documents in the Clearinghouse

Document

2:92-cv-00235

Docket [PACER]

Crosby & U.S. v. Jones County

July 23, 1996

July 23, 1996

Docket

Notice Letter re: CRIPA Investigation of the Jones County Jail in Laurel, Mississippi

Crosby & U.S. v. Jones County

No Court

May 3, 1993

May 3, 1993

Notice Letter

2:92-cv-00235

Findings Letter re: CRIPA Investigation of Jone County Jail, Laurel, Mississippi

Crosby & U.S. v. Jones County

June 4, 1993

June 4, 1993

Findings Letter/Report
44

2:92-cv-00235

Consent Order

March 1, 1994

March 1, 1994

Order/Opinion

Docket

Last updated Sept. 4, 2022, 3:11 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT ; (fe) (Entered: 10/22/1992)

Oct. 20, 1992

Oct. 20, 1992

2

MOTION by plaintiff Bruce l. Crosby, plaintiff Eric L. Taylor, plaintiff Maurice Keyes to Proceed in Forma Pauperis (fe) (Entered: 10/22/1992)

Oct. 20, 1992

Oct. 20, 1992

3

MOTION by plaintiff Bruce l. Crosby, plaintiff Eric L. Taylor, plaintiff Maurice Keyes for David J. Utter to Appear Pro Hac Vice , w/aff & cert of good standing. (fe) (Entered: 10/22/1992)

Oct. 20, 1992

Oct. 20, 1992

4

NOTICE ORDER setting Status conference by 4:00 1/6/93 ; Settlement conference by 4:00 1/6/93 ; Scheduling order conference by 4:00 1/6/93 ; ( signed by Judge Charles W. Pickering ); copies mailed to David Utter & Travis Buckley. (fe) (Entered: 10/22/1992)

Oct. 21, 1992

Oct. 21, 1992

5

ORDER granting [2-1] motion to Proceed in Forma Pauperis ( signed by Magistrate Judge Alfred G. Nicols ); copies mailed. (fe) (Entered: 11/16/1992)

Nov. 4, 1992

Nov. 4, 1992

6

ORDER granting [3-1] motion for David J. Utter to Appear Pro Hac Vice ( signed by Magistrate Judge Alfred G. Nicols ); copies mailed. (fe) (Entered: 11/16/1992)

Nov. 4, 1992

Nov. 4, 1992

7

ORDER : Stat cnf set for 11-19-92 at 1:00 bfr CWP in H'burg. ( signed by Judge Charles W. Pickering ); copies mailed. (fe) (Entered: 11/16/1992)

Nov. 5, 1992

Nov. 5, 1992

Status Conference set at 1:00 11/19/92 (fe) (Entered: 11/16/1992)

Nov. 5, 1992

Nov. 5, 1992

Copy of ntc & ord sent to Jon M. Weathers, Wm. Sumrall & Anthony Thaxton. (fe) (Entered: 11/16/1992)

Nov. 5, 1992

Nov. 5, 1992

Summons issued, except for Jerome Wyatt. (fe) (Entered: 11/16/1992)

Nov. 5, 1992

Nov. 5, 1992

8

ORDER: That Jones Cty Property Owners Asso., Willus Horne, President, Tom Pittman, Treasuer be joined as a party deft; that Clk's office immed issue process for wWIllus Horne, Tom Pittman. Summons issued. ( signed by Judge Charles W. Pickering ); copies mailed. (fe) (Entered: 11/20/1992)

Nov. 19, 1992

Nov. 19, 1992

9

ORDER: That stat conf set for 12-14-92 at 10:30 bfr CWP, all counsel & all party defts be presnt, 1:15 stat conf shall reconvene on the record; that a comprehensive stip of all non-contested facts by all parties be subm to crt no later than 12-9-92, failure to do so will expose the non-agreeing party to sanctions &/or costs; Crt will appt a committee at 12-14-92 stat conf to report long term solutions, cty supervs to subm a list of 8 person, Sheriff Hooks 4 Persons, Pltfs's 6 person & Property Owners Asso 6 person for crt consideration; all disc & further proceedings stayed until 4- 1-93, except that pltfs may file a mtn for class cert. ( signed by Judge Charles W. Pickering ); copies mailed. (fe) (Entered: 11/23/1992)

Nov. 23, 1992

Nov. 23, 1992

10

MOTION by plaintiffs to Amend [1-1] complaint . (mbs (Entered: 11/27/1992)

Nov. 27, 1992

Nov. 27, 1992

11

MOTION by plaintiffs to Certify Class . (mbs (Entered: 11/27/1992)

Nov. 27, 1992

Nov. 27, 1992

12

SUMMONS Returned Executed as to defendants Maurice Hooks and Lafayette Nelson by mail on 11/20/92; Answer due on 12/10/92. (mbs (Entered: 11/27/1992)

Nov. 27, 1992

Nov. 27, 1992

13

SUMMONS Returned Executed as to defendants Jerome Wyatt, Melton E. Saul, John Sumrall, Thomas R. Knight and Calvin Holifield by mail on 11/24/92; Answer due on 12/14/92. (mbs (Entered: 11/27/1992)

Nov. 27, 1992

Nov. 27, 1992

14

ORDER granting [10-1] motion to Amend [1-1] complaint ( signed by Judge Charles W. Pickering ); copies mailed. (fe) (Entered: 12/01/1992)

Dec. 1, 1992

Dec. 1, 1992

Cpy of ntc/ord sent to Atty Dickerson. (fe) (Entered: 12/09/1992)

Dec. 9, 1992

Dec. 9, 1992

15

Pltf's Nominations for crt appt jail committee. (fe) (Entered: 12/09/1992)

Dec. 9, 1992

Dec. 9, 1992

16

STIPULATION as to inspection of Jones Cty Jail. (fe) (Entered: 12/10/1992)

Dec. 10, 1992

Dec. 10, 1992

17

SUMMONS Returned Executed as to defendant Jones County through Tom Pittman on 11/25/92 Answer due on 12/15/92 for Jones County Prop. (fe) (Entered: 12/10/1992)

Dec. 10, 1992

Dec. 10, 1992

18

ORDER: Appts the following committe: Robert Sullivan, Jerome Wyatt, John Sumrall, Calvin Holifield, Maurice Hooks, Travis Buckley, Larry Thomas, Gene Clark, Sandy Meaders, Willus Horne, Howard Robertson, Glenn dean Cochran, Willie Meador, Jr., Lafayette Nelson, Vern Geddie, Roy Hunt Boutwell, Chancery Clerk, svc as a non-voting memebere; commte to meet w/crt on 12-17-92 at 10:30 in H'burg; if matter not resolved by 4-1-93, the crt will will resolve this matter. ( signed by Judge Charles W. Pickering ); copies mailed. (fe) (Entered: 12/14/1992)

Dec. 14, 1992

Dec. 14, 1992

19

JOINT MOTION for leave to file stipulation on class certification . (fe) (Entered: 01/05/1993)

Jan. 5, 1993

Jan. 5, 1993

20

ORDER granting [19-1] joint motion for leave to file stipulation on class certification ( signed by Judge Charles W. Pickering ); copies mailed. (fe) (Entered: 01/07/1993)

Jan. 7, 1993

Jan. 7, 1993

21

ORDER: Court directs that each committee member atten as many meetings as possible & if necessary take time off from work w/out reprisal from their employers. ( signed by Judge Charles W. Pickering ); copies mailed. (fe) (Entered: 01/11/1993)

Jan. 11, 1993

Jan. 11, 1993

22

Summons returned unexecuted as to defendant Jones County. (fe) (Entered: 01/21/1993)

Jan. 20, 1993

Jan. 20, 1993

24

COMMITTEE REPORT (fe) (Entered: 04/14/1993)

March 30, 1993

March 30, 1993

25

ORDER: Matter before Court for final report by Jones County Jail Committee; Committee has presented and Court has received and accepts Report as unanimous position of Committee; Committee discharged subject to later recall; Defendant Jones County to expeditiously carry out recommendations of report; Defendant Jones County shall proceed to obtain authority to issue general obligation bonds in amount of 3 million dollars to finance new jail by 5/14/93 and submit status report to Court; Defendant Jones County to proceed to secure suitable property in close proximity to existing jail for construction of new jail from City of Laurel or others and submit status report to Court and parties by 6/30/93; Defendant Jones County to submit status report to Court and parties on progress including final plans and specifications by 9/30/93; this action stayed until 9/30/93 or until further order of Court with any party having right to move to activate case for hearing of any necessary matter in interim; Defendant Jones County through its attorney and Defendant Sheriff Hooks and his attorney, Weathers, and attorneys for plaintiffs to meet and discuss interim relief for plaintiffs and interim attorney fees during 6-month stay and report to Court by 9/30/93 with any of these parties having right to move Court for hearing on appropriate relief prior to that time (signed by Judge Charles W. Pickering on 3/3l/93); copies mailed. (mbs Modified on 04/14/1993 (Entered: 04/02/1993)

April 1, 1993

April 1, 1993

26

STATUS REPORT by defendant Jones County that Jones county has obtained authority to issue general obligation bonds in amount of $3,000,000.00 to finance new jail. (fe) Modified on 05/10/1993 (Entered: 05/07/1993)

May 7, 1993

May 7, 1993

27

MOTION by defendant Jones County to Stay, Delay Status Report . (fe) (Entered: 05/24/1993)

May 24, 1993

May 24, 1993

28

ORDER granting Jones County's [27-1] motion to Stay, Delay Status Report: reset Status Report deadline to 7/31/93 (signed by Judge Charles W. Pickering on 5/24/93); copies mailed. (mbs (Entered: 05/25/1993)

May 25, 1993

May 25, 1993

29

ORDER: Committee be reconvened to meet in conference with Court on 7/30/93 at 10:00 a.m.; parties to be available for conference with court in chambers at 1:00 p.m. and all parties be present for an on the record conference in open court at 2:00 p.m. on said date (signed by Judge Charles W. Pickering on 7/27/93); copies mailed. (mbs (Entered: 07/28/1993)

July 28, 1993

July 28, 1993

30

STATUS REPORT by defendant Jones County, MS. (fe) (Entered: 07/30/1993)

July 30, 1993

July 30, 1993

31

MEMORANDUM OPINION and ORDER amending its previous Order establishing deadlines for completing various steps toward construction of a new jail in accordance with this Opinion & Order. I am requesting that Jail Committe members Robert Sullivn, Willus Horne & Vern Geddie meet with Board of Supervisors members Jerome Wyatt, Calvin Holifield & John Sumrall along with Mayor Vincent & City Council, Melvin Mack & David Ratcliff as well Sheriff Hooks to consider all problems associated with locating the jail at the Courthouse. The Jail Committee shall Report to this Court within 2 weeks ( signed by Judge Charles W. Pickering ) ; copies mailed. (fe) (Entered: 08/02/1993)

July 30, 1993

July 30, 1993

32

Minute entry: Conference held 7-30-93 before Judge Pickering. ACTION TAKEN-see order entered this date. (fe) (Entered: 08/03/1993)

Aug. 2, 1993

Aug. 2, 1993

33

ORDER extending the time that the Committee has to fulfill its obligation set out in the 7-30-93 Memorandum Opinion & Order until 8- 27-93 ( signed by Judge Charles W. Pickering ); copies mailed. (fe) (Entered: 08/12/1993)

Aug. 12, 1993

Aug. 12, 1993

35

ORDER: That the report of the committee filed this date is accepted; the Jones County Jail Committee is fully discharged; the Jones County Board of Supervisors shall forthwith determine an appropriate location for the new jail; a revised scheduling order shall be entered by the Court after due consultation with the parties ( signed by Judge Charles W. Pickering ); copies mailed. (fe) (Entered: 08/27/1993)

Aug. 27, 1993

Aug. 27, 1993

36

MOTION to Intervene by United States . (fe) (Entered: 09/20/1993)

Sept. 20, 1993

Sept. 20, 1993

Letter from plaintiff's counsel with a change of address. Copy forwarded to Karen. (fe) (Entered: 09/20/1993)

Sept. 20, 1993

Sept. 20, 1993

37

ORDER granting [36-1] motion to Intervene by United States ( signed by Judge Charles W. Pickering ); copies mailed. (fe) (Entered: 09/30/1993)

Sept. 30, 1993

Sept. 30, 1993

38

NOTICE of Hearing: set Status Conference for 11:00 on 10/18/93 before Judge Pickering. (fe) (Entered: 10/06/1993)

Oct. 5, 1993

Oct. 5, 1993

Magistrate Judge Assignment-Sumner. (mbs (Entered: 10/12/1993)

Oct. 5, 1993

Oct. 5, 1993

39

NOTICE of Hearing: resetting Status Conference for 10:00 on 12/16/93 before Judge Pickering in Hattiesburg. (fe) (Entered: 10/19/1993)

Oct. 18, 1993

Oct. 18, 1993

40

ORDER granting plaintiff's [11-1] motion to Certify as a Class of all persons who are now, or in the future will be, incarcerated at the Jones County Jail ( signed by Judge Charles W. Pickering ); copies mailed. (fe) (Entered: 10/19/1993)

Oct. 19, 1993

Oct. 19, 1993

41

MOTION by Travis Buckley for interim expenses . (fe) (Entered: 10/21/1993)

Oct. 21, 1993

Oct. 21, 1993

42

ORDER that the plaintiffs & US Justice Dept. & defendants will endeavoe to complete an agreement on or before 12-16-93; that they will endeavor to work out an agreement regarding attorney fees & report to the Court on the status on 12-16-93. ( signed by Judge Charles W. Pickering ); copies mailed. (fe) (Entered: 10/25/1993)

Oct. 22, 1993

Oct. 22, 1993

43

NOTICE of Hearing: By Travis Buckley for hearing on motion for Interim Expenses on 12-16-93 at 11:00 or as soon as counsel can be heard. (fe) (Entered: 11/19/1993)

Nov. 19, 1993

Nov. 19, 1993

44

CONSENT ORDER: 31-page Order defines terms, states background of litigation; terms and schedule for new jail construction delineated; policies and procedures for operation of jail and treatment of inmates set forth in detail; except where otherwise indicated defendants to implement provisions of this order within 60 days of its entry; until such time as new jail facility is completed defendants to file with court status report stating daily population of jail, etc. every 30 days following signing of this order; until such time as new jail facility is completed Defendants to file with court status report stating specific compliance with this order every 90 days following signing of this order; if completion of new jail facility is significantly delayed for any reason, plaintiffs and plaintiff-intervenors shall have right to seek addidtional relief from court; defendants to maintain sufficient records to document compliance with this order to which counsel for plaintiffs and plaintiff-intervenors shall have access; defendants to explain terms of this order to all persons connected with jail to ensure their understanding of its requirements and necessity for compliance; said persons to sign statements, to be retained by defendants, indicating they have read and understand order and defendants shall require strict compliance by their respective employees, agents, assigns or successors; within 10 days and continuously thereafter defendants to post copies of this order at places designated in order and in addition an inmate shall be afforded copy upon request; court to retain jurisdiction of this case to ensure compliance, with power to delineate respective duties and responsibilities of individual defendants (signed by Judge Charles W. Pickering on 3/1/94); copies mailed. (mbs (Entered: 03/02/1994)

March 1, 1994

March 1, 1994

45

STATUS REPORT by defendant Jones Co., MS (fe) (Entered: 03/28/1994)

March 28, 1994

March 28, 1994

46

STATUS REPORT - Jail Population by defendant Jones Co., MS (fe) (Entered: 05/18/1994)

May 18, 1994

May 18, 1994

47

STATUS REPORT as to Jail Population by defendant Jones Co., MS. (mbs (Entered: 06/08/1994)

June 8, 1994

June 8, 1994

48

FIRST QUARTERLY STATUS REPORT by defendant Jones Co., MS. (fe) (Entered: 06/10/1994)

June 10, 1994

June 10, 1994

49

STATUS REPORT by defendant Maurice Hooks. (fe) (Entered: 07/08/1994)

July 7, 1994

July 7, 1994

50

Copy of letter from Attorney Douglas S. Boone to Eddie Lucas, Commissioner, Department of Corrections, regarding necessity of prompt removal of state prisoners from Jones County Jail. (mbs Modified on 07/15/1994 (Entered: 07/15/1994)

July 15, 1994

July 15, 1994

51

STATUS REPORT by defendant Jones Co., MS. (fe) (Entered: 07/20/1994)

July 20, 1994

July 20, 1994

Letter from Dougals S. Boone dated 8-1-94 to Eddie Lucas concerning State Prisoners removal. (fe) (Entered: 08/03/1994)

Aug. 3, 1994

Aug. 3, 1994

52

STATUS REPORT by defendant Jones Co., MS (fe) (Entered: 08/19/1994)

Aug. 19, 1994

Aug. 19, 1994

53

STATUS REPORT by defendant Jones Co., MS. (fe) (Entered: 09/16/1994)

Sept. 16, 1994

Sept. 16, 1994

54

SECOND QUARTERLY STATUS REPORT by defendant Jones Co., MS. (fe) (Entered: 11/01/1994)

Oct. 31, 1994

Oct. 31, 1994

55

STATUS REPORT - JAIL POPULATION by defendant Jones Co., MS. (fe) (Entered: 11/01/1994)

Oct. 31, 1994

Oct. 31, 1994

56

STATUS REPORT-JAIL POPULATION by defendant Jones Co., MS. (fe) (Entered: 12/28/1994)

Dec. 28, 1994

Dec. 28, 1994

57

MOTION by plaintiff Bruce L. Crosby for status conference (fe) (Entered: 09/11/1995)

Sept. 11, 1995

Sept. 11, 1995

58

NOTICE of Hearing: set Status Conference for 2:00 on 1/9/96 before Judge Charles W. Pickering in Hattiesburg. (fe) (Entered: 11/16/1995)

Nov. 16, 1995

Nov. 16, 1995

59

MOTION by defendant Jones Co., MS, defendant Maurice Hooks, defendant Lafayette Nelson to Dismiss Exhibits A through C are attached. (fe) (Entered: 12/20/1995)

Dec. 19, 1995

Dec. 19, 1995

60

NOTICE of Hearing: Motion to Dismiss set for 1/9/96 at 2:00 in Hattiesburg (fe) (Entered: 12/20/1995)

Dec. 19, 1995

Dec. 19, 1995

Magistrate Judge Assignment - Louis Guirola, Jr., pursuant to Standing Local Order filed May 3, 1996. (mbs (Entered: 05/08/1996)

May 8, 1996

May 8, 1996

Notice of prisoner Litigation Reform Act and amendments to MCA 47-5- 138, mailed. (fe) (Entered: 06/26/1996)

June 26, 1996

June 26, 1996

61

Change of address of Attorney, David J. Utter, for plaintiffs, Bruce L. Crosby, Eric L. Taylor, Maurice Keyes. Address: Louisiana Crisis Assistance Center, 636 Baronne Street, New Orleans, LA 70113 (504) 558-9867. (fe) (Entered: 07/23/1996)

July 19, 1996

July 19, 1996

62

ORDER granting [59-1] motion to Dismiss; cause is dismissed with prejudice, attorney's fees and expenses in amount of $5,225.00 is awarded to plaintiff's attorney to be paid by Jones County. (signed by Judge Charles W. Pickering 7/23/96); copies mailed. (fe) (Entered: 07/24/1996)

July 23, 1996

July 23, 1996

Case closed (fe) (Entered: 07/24/1996)

July 23, 1996

July 23, 1996

Case Details

State / Territory: Mississippi

Case Type(s):

Jail Conditions

Key Dates

Filing Date: Oct. 20, 1992

Closing Date: July 23, 1996

Case Ongoing: No

Plaintiffs

Plaintiff Description:

inmates of the Jones County Jail

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Jones County (Laurel, Jones), County

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1992 - 1996

Issues

General:

Fire safety

Law library access

Recreation / Exercise

Staff (number, training, qualifications, wages)

Suicide prevention

Crowding:

Crowding / caseload

Type of Facility:

Government-run