Case: U.S. v. Harrison County

1:95-cv-00005 | U.S. District Court for the Southern District of Mississippi

Filed Date: Jan. 6, 1995

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On May 3, 1993, the U.S. Department of Justice (DOJ) notified Harrison County, Mississippi of its intention to investigate conditions of the county jail under the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. 1997 et seq. Following the investigation, the DOJ sent a letter notifying the president of the Harrison County Board of Supervisors of its findings. The DOJ found there were too few staffed officers per inmates and significant deficiencies in the officers' training. Thes…
On May 3, 1993, the U.S. Department of Justice (DOJ) notified Harrison County, Mississippi of its intention to investigate conditions of the county jail under the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. 1997 et seq. Following the investigation, the DOJ sent a letter notifying the president of the Harrison County Board of Supervisors of its findings. The DOJ found there were too few staffed officers per inmates and significant deficiencies in the officers' training. These underlying problems lead to excessive discipline of inmates, lack of access to legal materials, and unsecured dangerous objects, including kitchen knives and prescription medication. The DOJ also found the suicide prevention program, as well as general medical and mental health care of the inmates, to be inadequate. The DOJ findings letter then made recommendations as to the minimum remedial measure needed to meet constitutional standards. Negotiations led to settlement; the Attorney General filed a CRIPA action against the jail on January 6, 1995. Although it is not mentioned in the docket sheet, presumably the parties provided the court with their proposed consent decree. Six days later, Judge Walter J. Gex III approved a consent decree, which laid out steps the county must take to improve issues discussed in the DOJ's letter of findings and recommendations. The consent decree mandated that the county double the number of officers per shift, have a female officer on duty at all times. The officers were to have 80 hours of training before starting their employment, with 40 hours of training per year thereafter. The decree prohibited using the 'strip cells', or cells without amenities, to house inmates. The county was also required to implement procedures that identified and properly stored dangerous materials and open a law library that was accessible at least eight hours a day, five days a week. For medical care, the county agreed to hire a medical professional and to both screen and monitor the inmates health. The county also agreed to hire a psychologist on at least a half-time basis and develop a suicide prevention program. The county was given one year to be in compliance with this decree. On November 4, 1996, the county sheriff submitted a report, claiming substantial compliance with the consent decree. On April 15, 1999, the case was placed on the inactive docket of the court. In 2000 two inmates from the county jail sent the court letters claiming the constitutional rights were continuing to be violated. The court dismissed these petitions, but the county jail restarted submitting status reports regarding the conditions of the jail. On May 28, 2003, the DOJ filed a motion for an order to show cause why defendants should not be held in contempt for failure to comply with the 1995 consent decree. On March 23, 2004, Judge Walter J. Gex III held a hearing regarding the motion. Judge Gex ultimately determined to stay the issue of contempt, predicated on the defendants' agreement to allocate funds towards the jail and hire certain numbers of additional staff to address the concerns raised in the DOJ's motion. This defendants were also required to continue to file status reports regarding the facility quarterly. Throughout the next ten years, Judge Walter J. Gex III issued several minute orders requiring the defendants to be more thorough in their status reports.On May 9, 2014, the case was reassigned to Chief District Judge Louis Guirola, Jr. On August 11, 2015, the parties filed a joint motion for dismissal, citing increased physician, psychiatrist, and mental health staffing; the creation of a chronic care program; and implementation of new auditing and quality assurance mechanisms. In the motion, the defendants stated that they would continue to use their best efforts to make progress in their auditing, their peer review of medical services, policies and practices, and to appoint a specific representative for persons with mental illnesses whose job would be to advocate for alternatives to institutionalization and seek funding for mental health services. Judge Louis Guirola, Jr. terminated the 1995 consent decree and dismissed the case with prejudice the next day.

Summary Authors

Kristen Sagar (6/4/2007)

Clearinghouse (5/22/2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5242889/parties/united-states-v-harrison-county/


Judge(s)

Gex, Walter J. III (Mississippi)

Guirola, Louis Jr. (Mississippi)

Attorney for Plaintiff
Attorney for Defendant

Dukes, William F. (Mississippi)

Faneca, Cyril T. (Mississippi)

Holleman, Tim C. (Mississippi)

Expert/Monitor/Master/Other

Documents in the Clearinghouse

Documents in this case

1:95-cv-00005

Docket [PACER]

Aug. 12, 2015

Aug. 12, 2015

Docket

Notice Letter re: CRIPA Investigation of Harrison County Jail, Gulfport, Mississippi

No Court

May 3, 1993

May 3, 1993

Notice of Investigation or Suit/Demand Letter

Findings Letter re: CRIPA Investigation of Harrison County Jail, Gulfport, Mississippi

No Court

Sept. 9, 1993

Sept. 9, 1993

Findings Letter/Report

Certificate of the Attorney General

No Court

Dec. 7, 1994

Dec. 7, 1994

Declaration/Affidavit

1:95-cv-00005

Consent Decree

Dec. 7, 1994

Dec. 7, 1994

Order/Opinion
1

1:95-cv-00005

Complaint

Jan. 6, 1995

Jan. 6, 1995

Complaint
2

1:95-cv-00005

Consent Judgment

Jan. 12, 1995

Jan. 12, 1995

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5242889/united-states-v-harrison-county/

Last updated April 3, 2025, 1:23 p.m.

Docket for: United States v. Harrison County
ECF Number Date Description Link
1 Jan. 6, 1995

Complaint

1 Civil Cover Sheet

View on PACER

RECAP
Jan. 6, 1995

Magistrate Judge Assignment to Judge Roper (avm) (Entered: 01/06/1995)

PACER
2 Jan. 12, 1995

Judgment

RECAP
3 May 13, 1996

Notice of Appearance

RECAP
4 Nov. 5, 1996

Remark

RECAP
5 Jan. 8, 1998

Order

RECAP
Jan. 8, 1998

MOTION ORE TENUS by defendant Joe Price for William Dukes and Phillip Jarrell to Withdraw as Attorney , and to Substitute Attorney Albert Necaise (pak) (Entered: 01/08/1998)

PACER
6 April 15, 1999

Order

RECAP
April 15, 1999

Case closed (pak) (Entered: 04/16/1999)

PACER
7 March 24, 2000

Motion for Writ of Mandamus

RECAP
141 Oct. 19, 2000

Letter

RECAP
8 April 27, 2001

Order

RECAP
9 May 4, 2001

Envelope returned by Post Office marked (Refused, Released 6/6/00) containing (Order filed 4/27/01) addressed to Clifton Holifield. (copy to Pro Se Dept) (pak) (Entered: 05/04/2001)

PACER
10 June 5, 2002

STATUS REPORTS of the Harrison County Adult Detention Center for 3rd &4th quarters of 2000, 1st−4th quarters of 2001, and 1st quarter of 2002. (pak) Modified on 07/19/2002 (Entered: 06/05/2002)

PACER
11 July 19, 2002

STATUS REPORTS of the Harrison County Adult Detention Center for the Second Quarter of 2002. (pak) (Entered: 07/19/2002)

PACER
12 Oct. 24, 2002

STATUS REPORT by defendant Harrison County Adult Detention Center for the Third Quarter of 2002. (pak) (Entered: 10/24/2002)

PACER
13 Jan. 24, 2003

STATUS REPORT by defendant Harrison County for the Fourth Quarter of 2002. (pak) (Entered: 01/24/2003)

PACER
14 May 8, 2003

STATUS REPORT by defendant Harrison County for the First Quarter of 2003. (pak) (Entered: 05/08/2003)

PACER
15 May 29, 2003

MOTION by plaintiff United States for Show Cause Order why defendants should not be held in civil contempt. (pak) (Entered: 05/29/2003)

PACER
16 May 29, 2003

AFFIDAVIT (DECLARATION) by of Steve J. Martin in support of, Re: [15−1] motion for Show Cause Order by plaintiff (pak) (Entered: 05/29/2003)

PACER
17 June 23, 2003

MOTION by defendant Harrison County to Extend Time to file Response to Motion for Order to Show Cause. (pak) (Entered: 06/23/2003)

PACER
18 July 17, 2003

RESPONSE by defendant George Payne Jr. to [15−1] motion for Show Cause Order by plaintiff (wld) (Entered: 07/18/2003)

PACER
19 July 22, 2003

STATUS REPORT by defendant Harrison County ADC for the Second Quarter of 2003, pursuant to the Consent Judgment entered in this cause. (wld) (Entered: 07/22/2003)

PACER
20 July 22, 2003

RESPONSE by defendant Harrison County to [15−1] motion for Show Cause Order by plaintiff (wld) (Entered: 07/22/2003)

PACER
22 Aug. 7, 2003

MOTION by defendant George Payne Jr. to Extend Time to file response outside of the prescribed time (rlw) (Entered: 08/08/2003)

PACER
23 Aug. 21, 2003

Supplement by United States to [16−1] affidavit by Steve Martin. (spc) (Entered: 08/22/2003)

PACER
24 Aug. 27, 2003

ORDER granting [22−1] motion to Extend Time. The receipt and filing of Sheriff George Payne, Jr.'s Response to Motion for Order to Show Cause, filed July 17, 2003, is permitted. ( signed by Judge Walter J. Gex III ); copies mailed. (msd) (Entered: 08/28/2003)

PACER
25 Sept. 2, 2003

MOTION by defendant Harrison County for Leave to File Response Outside the Prescribed Time (rlw) (Entered: 09/02/2003)

PACER
26 Sept. 3, 2003

Envelope returned by Post Office marked (Return to Sender, Released) containing (Copy of Order Permitting Sheriff to File Response to Show Cause Motion Outside the Prescribed Time for Filing) addressed to Clifton Holifield (jch) (Entered: 09/03/2003)

PACER
27 Sept. 12, 2003

Envelope returned by Post Office marked (moved, not forwardable) containing (Order dated 8−27−03) addressed to United States (William G. Maddox, Esq. U.S. Dept. of Justice, Civil Rights Division, P.O. Box 66400, Washington, DC 20035−6400) (rlw) (Entered: 09/12/2003)

PACER
28 Sept. 29, 2003

ORDER granting [25−1] motion for Leave to File Response Outside the Prescribed Time ( signed by Judge Walter J. Gex III ); copies mailed. (rlw) (Entered: 09/29/2003)

PACER
29 Oct. 6, 2003

Envelope returned by Post Office marked refused, containing Order dated 9/29/03 addressed to Clifton Holifield (rlw) (Entered: 10/06/2003)

PACER
30 Oct. 20, 2003

MOTION by defendant Harrison County to Amend Answer (msd) (Entered: 10/21/2003)

PACER
31 Oct. 20, 2003

NOTICE of Hearing: On Motion to Amend. (msd) (Entered: 10/21/2003)

PACER
32 Oct. 24, 2003

STATUS REPORT by Harrison County Adult Detention Center for the Third Quarter of 2003, pursuant to the Consent Judgment entered in this cause. (wld) (Entered: 10/24/2003)

PACER
33 Oct. 30, 2003

Envelope returned by Post Office marked Moved, not forwardable containing Order granting permission for out of time filing addressed to United States Department of Justice, Civil Rights Division. (msd) (Entered: 10/30/2003)

PACER
34 Jan. 30, 2004

REPORT TO THE COURT pursuant to the Consent Judgment entered in this cause by defendant Harrison County (jch) (Entered: 01/30/2004)

PACER
35 Feb. 5, 2004

AFFIDAVIT by defendant George Payne Jr. Re: [18−1] motion response by defendant (rlw) (Entered: 02/05/2004)

PACER
36 Feb. 5, 2004

Minute Entry Order: mooting [17−1] motion to Extend Time, in light of previous Order allowing Defendants to file an out of time response. (signed by Judge Walter J. Gex III) Copies mailed. (jch) (Entered: 02/06/2004)

PACER
37 Feb. 5, 2004

ORDER granting [30−1] motion to Amend Answer, reset Answer deadline to 2/12/04 for Harrison County ( signed by Judge Walter J. Gex III ); copies mailed. (jch) Modified on 02/06/2004 (Entered: 02/06/2004)

PACER
38 Feb. 10, 2004

Minute Entry Order: This matter is set for status conference Thursday, 2/6/04 at 1:00 p.m. The parties shall report to Room 806, the Dan M. Russell, Jr. United States Courthouse, 2012 15th Street, Gulfport, MS ( signed by Judge Walter J. Gex III ); copies mailed. (rlw) (Entered: 02/11/2004)

PACER
39 Feb. 11, 2004

Corrected Minute Entry Order: set Status Conference for 1:00 2/26/04 ( signed by Judge Walter J. Gex III ); copies mailed. (rlw) (Entered: 02/11/2004)

PACER
41 Feb. 13, 2004

Envelope returned by Post Office marked (Refused, no longer at this address) containing (Minute Entry Order and Order) addressed to Clifton Holifield (jch) (Entered: 02/13/2004)

PACER
42 Feb. 17, 2004

Envelope returned by Post Office marked (Not Here, Return to Sender) containing (Minute Entry Order) addressed to Clifton Holifield (jch) (Entered: 02/17/2004)

PACER
43 Feb. 17, 2004

MOTION by defendant George Payne Jr. for Cy Faneca to Withdraw as Attorney (msd) (Entered: 02/17/2004)

PACER
44 Feb. 18, 2004

NOTICE of Attorney Appearance for defendant George Payne Jr. by Mark Wayne Verret. (msd) (Entered: 02/19/2004)

PACER
45 Feb. 23, 2004

ORDER granting [43−1] motion for Cy Faneca to Withdraw as Attorney (Terminated attorney Cyril T. Faneca for George Payne ( signed by Judge Walter J. Gex III ); copies mailed. (rlw) (Entered: 02/23/2004)

PACER
46 Feb. 23, 2004

Envelope returned by Post Office marked "Return to Sender" containing Orders of 2/5/04 addressed to William G. Maddox, Attorney for the United States. (spc) (Entered: 02/23/2004)

PACER
47 Feb. 26, 2004

Minute Entry Order: reset Status Conference for 2:00 3/23/04 ( signed by Judge Walter J. Gex III ); copies mailed mailed. (rlw) (Entered: 02/26/2004)

PACER
48 Feb. 26, 2004

Envelope returned by Post Office marked refused, return to sender containing corrected minute entry order dated 2/11/04 addressed to Clifton Holifield (rlw) (Entered: 02/26/2004)

PACER
49 March 1, 2004

Envelope returned by Post Office marked Refused−Return to sender containing an order permitting counsel to withdraw addressed to Clifton Holifield. (msd) (Entered: 03/01/2004)

PACER
50 March 3, 2004

Envelope returned by Post Office marked Released−Return to Sender containing a Minute Entry Order addressed to Clifton Holifield. (msd) (Entered: 03/03/2004)

PACER
51 March 4, 2004

Motion of George Verrett to enroll as counsel and Request for Notice as counsel of record for George Payne in his official capacity as Sheriff of Harrison County, MS. (msd) Modified on 03/05/2004 (Entered: 03/04/2004)

PACER
52 March 5, 2004

ORDER granting [51−1] motion to enroll. Ordered that Mark W. Verret be enrolled as counsel for defendant George Payne, Jr. ( signed by Judge Walter J. Gex III ); copies mailed. (spc) (Entered: 03/05/2004)

PACER
53 March 8, 2004

Envelope returned by Post Office marked (Returned to Sender, Moved left no forwarding address) containing (Corrected Minute Entry Order) addressed to United States (jch) (Entered: 03/08/2004)

PACER
54 March 11, 2004

Envelope returned by Post Office marked refused, released to MS Dept. of Corrections containing Order dated 3/5/04 addressed to Clifton Holifield (rlw) (Entered: 03/11/2004)

PACER
55 March 12, 2004

Envelope returned by Post Office marked (Returned to Sender) containing (Order Permitting Counsel to Withdraw) addressed to United States (jch) (Entered: 03/12/2004)

PACER
56 March 12, 2004

Envelope returned by Post Office marked moved, not forwardable containing Minute Entry Order addressed to William G. Maddox, Esq. (msd) (Entered: 03/12/2004)

PACER
57 March 25, 2004

Minute entry: Status Conference held before Judge Gex on March 23,2004, on pending Motion for Contempt. The motion for contempt will be stayed at this time and this case will be closed upon the Court's docket for statistical purposes. (jch) (Entered: 03/26/2004)

PACER
58 March 25, 2004

Minute Entry Order: The motion for contempt will be stayed at this time, and this cause will be closed upon the Court's docket for statistical purposes. Should the defendant fail to hire the required employees as specified, the United States may move to reinstate this cause and its motion for contempt on the active docket of this court. (signed by Judge Walter J. Gex III ) Copies mailed. (jch) (Entered: 03/26/2004)

PACER
March 25, 2004

Status Conference held on 3/23/04 before Judge Gex. (jch) (Entered: 03/26/2004)

PACER
59 April 1, 2004

Envelope returned by Post Office marked "refused" containing minute entry order filed 3/25/04 addressed to Clifton Holifield, #199689, Harrison County ADC, BB−Floor 8 10451 Larkin Smith Drive, Gulfport, MS 39503. (wld) (Entered: 04/01/2004)

PACER
60 April 15, 2004

STATUS REPORT by defendant Harrison County Adult Detention Center for the First Quarter of 2004. (wld) (Entered: 04/15/2004)

PACER
June 18, 2004

Letter to Judge Gex from George H. Payne, Jr. re: progress on hiring new correctional officers. (wld) (Entered: 06/18/2004)

PACER
July 13, 2004

Letter to Judge Gex from George H. Payne, Jr. re: status of hiring new Correctional Officers. (wld) (Entered: 07/13/2004)

PACER
61 July 19, 2004

STATUS REPORT for the Second Quarter of 2004 by defendant Harrison County ADC (wld) (Entered: 07/19/2004)

PACER
Aug. 12, 2004

Letter to Judge Gex from George H. payne, Jr. re: status of hiring new Correction Officers. (wld) (Entered: 08/12/2004)

PACER
Sept. 3, 2004

Letter to Judge Gex from Sheriff Payne, dated 9/1/04 re: progress on hiring new corrections officers. (avm) (Entered: 09/03/2004)

PACER
Sept. 9, 2004

Letter to Judge Gex from George Payne dated May 3, 2004, re: status on hiring new Correctional Officers. (wld) (Entered: 09/09/2004)

PACER
62 Sept. 13, 2004

Envelope returned by Post Office marked "Return to Sender, Refused" containing letter filed 9/2/04 addressed to Clifton Holifield (wld) (Entered: 09/13/2004)

PACER
63 Sept. 20, 2004

Envelope returned by Post Office marked return to sender containing letter filed 9/9/04 addressed to Clifton Holifield (wld) (Entered: 09/20/2004)

PACER
64 Oct. 14, 2004

STATUS REPORT by defendant Harrison County ADC for the third quarter of 2004. (wld) (Entered: 10/15/2004)

PACER
65 Oct. 18, 2004

Status Report

RECAP
66 Jan. 18, 2005

Status Report

RECAP
67 April 13, 2005

Status Report

RECAP
68 July 25, 2005

Status Report

RECAP
69 July 26, 2005

Status Report

RECAP
70 July 26, 2005

Status Report

RECAP
71 July 26, 2005

Status Report

RECAP
72 July 26, 2005

Status Report

RECAP
73 July 26, 2005

Status Report

RECAP
74 July 26, 2005

Status Report

RECAP
75 July 26, 2005

Status Report

RECAP
76 July 26, 2005

Status Report

RECAP
77 July 26, 2005

Status Report

RECAP
78 July 26, 2005

Status Report

RECAP
79 July 26, 2005

Status Report

RECAP
80 July 26, 2005

Status Report

RECAP
July 27, 2005

DOCKET ANNOTATION as to #68−80. These documents are all one status report. Attorney advised to file as one document with numerous attachments in the future. (WD ) (Entered: 07/27/2005)

PACER
81 Oct. 26, 2005

Status Report

RECAP
82 Feb. 7, 2006

Satisfaction of Judgment

RECAP
83 April 13, 2006

Status Report

RECAP
84 July 13, 2006

Satisfaction of Judgment

RECAP
85 Aug. 10, 2006

Motion to Intervene

2 Exhibit Exhibit A

View on PACER

3 Exhibit Exhibit B

View on PACER

RECAP
Aug. 12, 2006

TEXT ONLY ORDER denying the Estate of Terry Williams 85 motion for status conference for lack of standing. Although counsel for the Estate erroneously termed the motion as one for intervention by the Estate when docketing the motion via CM/ECF, the motion is, in fact, a motion for status conference brought by a non−party to the original action which has long since been closed on the docket of this Court. No further written order shall issue . Signed by Judge Walter J. Gex III on August 12, 2006. (Gex, Kathleen) (Entered: 08/12/2006)

PACER
86 Sept. 13, 2006

Mail Returned

RECAP
87 Oct. 12, 2006

Status Report

RECAP
88 Oct. 12, 2006

TEXT ONLY ORDER: Upon review of Defendant's quarterly status report (Ct. R. Doc. 87), and noting the number of employment vacancies at the detention center, Defendant shall file within ten business days, or by no later than October 26, 2006, a supplemental quarterly report explaining the vacancies and advising the Court of Defendant's plan currently in place to fill those vacancies, including, but not limited to, the number of applicants, number of applicants interviewed, number of hires, etc. No further written order shall issue . Signed by Judge Walter J. Gex III on October 12, 2006. (Gex, Kathleen) (Entered: 10/12/2006)

PACER
89 Oct. 25, 2006

Status Report

RECAP
90 Jan. 22, 2007

Status Report

RECAP

Case Details

State / Territory:

Mississippi

Case Type(s):

Jail Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 6, 1995

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

United States Department of Justice

Plaintiff Type(s):

City/County Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

County

Harrison County Jail

Defendant Type(s):

Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

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

Constitutional Clause(s):

Cruel and Unusual Punishment

Other Dockets:

Southern District of Mississippi 1:95-cv-00005

Available Documents:

Complaint (any)

Findings Letter/Report

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Auditing

Hire

Other requirements regarding hiring, promotion, retention

Reporting

Training

Order Duration: 1995 - 2015

Issues

General/Misc.:

Classification / placement

Conditions of confinement

Disciplinary procedures

Failure to train

Staff (number, training, qualifications, wages)

Jails, Prisons, Detention Centers, and Other Institutions:

Law library access

Suicide prevention (facilities)

Medical/Mental Health Care:

Medical care, general

Medication, administration of

Mental health care, general

Suicide prevention

Recommended Citation