Case: Waddell v. Taylor

3:20-cv-00340 | U.S. District Court for the Southern District of Mississippi

Filed Date: May 14, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

COVID-19 Summary: This is a class action lawsuit brought on behalf of 6,000 incarcerated individuals to challenge the inadequate response to the COVID-19 outbreak at Mississippi's two largest prisons, alleging that the Mississippi Department of Corrections' response to the pandemic violates the Americans with Disabilities Act and the Rehabilitation Act and the Constitution. Plaintiffs sought declaratory and injunctive relief, including an order requiring defendants to implement remedial measure…

COVID-19 Summary: This is a class action lawsuit brought on behalf of 6,000 incarcerated individuals to challenge the inadequate response to the COVID-19 outbreak at Mississippi's two largest prisons, alleging that the Mississippi Department of Corrections' response to the pandemic violates the Americans with Disabilities Act and the Rehabilitation Act and the Constitution. Plaintiffs sought declaratory and injunctive relief, including an order requiring defendants to implement remedial measures to prevent the transmission of COVID-19. The parties jointly stayed all proceedings on September 15 and entered settlement talks on October 22.


On May 14, 2020, nine named plaintiffs brought this class action lawsuit to challenge the Mississippi Department of Corrections's ("MDOC") inadequate response to the COVID-19 outbreak at Mississippi's two largest prisons: Central Mississippi Correctional Facility ("CMCF") and South Mississippi Correctional Institute ("SMCI"). The plaintiffs, represented by the Mississippi Center for Justice, the ACLU of Mississippi, and private counsel, sued under the Americans with Disabilities Act, 42 U.S.C. § 12132 et seq. (“ADA”), the Rehabilitation Act, 29 U.S.C. §794, and 42 U.S.C. § 1983. The plaintiffs alleged that MDOC's failure to adequately implement baseline protection measures in response to COVID-19 at CMCF and SMCI violated the Eighth Amendment, the ADA and the Rehabilitation Act. Specifically, they alleged that overcrowding at CMCF and SMCI made social distancing infeasible; that inmates were not provided access to adequate disinfecting supplies; and that systemwide, MDOC had tested less than 0.5% of its prison population for COVID-19. The case was assigned to Judge Tom S. Lee.

The plaintiffs sought to certify a class of inmates who were currently incarcerated, or would be in the future, in CMCF or SMCI during the duration of the COVID-19 pandemic. Additionally, the plaintiffs sought to certify a "disability subclass" of people who suffered from a disability that substantially limited one or more of their major life activities and who were at increased risk of contracting, becoming severely ill and/or dying from COVID-19 due to their disability or any medical treatment necessary to treat their disability. The § 1983 allegations were brought on behalf of the whole class, while the ADA and Rehabilitation Act violations were brought only on behalf of members of the disability subclass. The plaintiffs in the disability class alleged that the defendants had intentionally discriminated against members of the disability subclass in violation of the ADA Act and the Rehabilitation Act by denying them reasonable accommodations, including accommodations recommended by the CDC.

The plaintiffs sought declaratory and injunctive relief, including a temporary restraining order, preliminary injunction, and permanent injunction requiring defendants to take steps to mitigate the transmission of COVID-19, including the following: (1) implementing facility-wide protocols for reporting, obtaining soap, etc.; (2) conducting immediate testing for anyone displaying symptoms; (3) implementing remedial measures like intensified cleaning procedures and social distancing; (4) informing inmates of reporting procedures for non-compliant staff members; and (5) providing incarcerated individuals with disinfecting supplies and personal hand soap. Plaintiffs also sought appointment of an independent monitor and attorneys' fees and costs.

On May 25, the plaintiffs filed a motion for a temporary restraining order and preliminary injunction, requesting the court to require the defendants to implement efforts to mitigate and manage infection and the spread of COVID-19 at CMCF and SMCI. On August 3, the case was reassigned to Magistrate Judge Robert P. Myers, Jr.

On September 15, the plaintiffs filed a motion to withdraw the previous motion for a temporary restraining order and preliminary injunction and filed a joint motion with defendants to stay all proceedings. Judge Myers granted the motion on October 1.

On October 22, the parties attended a status conference to initiate settlement negotiations and the case remains ongoing.

Summary Authors

Elena Malik (6/2/2020)

Chandler Hart-McGonigle (11/2/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17164342/parties/waddell-v-taylor/


Judge(s)

Lee, Tom Stewart (Mississippi)

Myers, Robert P Jr. (Mississippi)

Walker, Robert H. (Mississippi)

Attorneys(s) for Plaintiff

Abram, Jonathan L. (District of Columbia)

Bech, Madeleine R (California)

Gonsalves, Gregg S. (Connecticut)

Hamilton, John P. (District of Columbia)

Johnson, Cliff (Mississippi)

McDuff, Robert B. (Mississippi)

Rupe, Sydney (Texas)

Judge(s)

Lee, Tom Stewart (Mississippi)

Myers, Robert P Jr. (Mississippi)

Walker, Robert H. (Mississippi)

Attorneys(s) for Plaintiff

Abram, Jonathan L. (District of Columbia)

Bech, Madeleine R (California)

Gonsalves, Gregg S. (Connecticut)

Hamilton, John P. (District of Columbia)

Johnson, Cliff (Mississippi)

McDuff, Robert B. (Mississippi)

Rupe, Sydney (Texas)

Tom, Joshua F. (Mississippi)

Whitburn, Mark Caddell (Texas)

Wu, Paloma (Mississippi)

Attorneys(s) for Defendant

Bailey, Cody C. (Mississippi)

Chase, Michael D (Mississippi)

Jones, William Trey (Mississippi)

Miracle, Douglas T. (Mississippi)

Wheeler, John G (Mississippi)

Expert/Monitor/Master

Venters, Homer (New York)

Documents in the Clearinghouse

Document

Docket [PACER]

Jan. 25, 2021 Docket
1

Class Action Complaint for Declaratory and Injunctive Relief

May 14, 2020 Complaint
6 (& 6-1 to 6-15)

Plaintiffs' Motion for a Temporary Restraining Order and Preliminary Injunction

May 25, 2020 Pleading / Motion / Brief
7

Plaintiffs' Memorandum in Support of Motion for a Temporary Restraining Order and Preliminary Injunction

May 25, 2020 Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17164342/waddell-v-taylor/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

CLASS ACTION COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against Joe Errington, Ron King, Tommy Taylor ( Filing fee $ 400 receipt number 0538-4274056), filed by Erik Lewis, Roger Ewing, Daniel Hatten, Douglass Triplett, Jamarcus Davis, Thomas Holder, Brittany Waddell, Bob Henderson, Tony Smith. (Attachments: # 1 Civil Cover Sheet)(LAT) (Entered: 05/14/2020)

1 Civil Cover Sheet

View on PACER

May 14, 2020 PACER
2

Summons Issued as to Joe Errington, Ron King, Tommy Taylor. (Attachments: # 1 Attachment - Summons Ron King, # 2 Attachment Summons Joe Errington)(LAT) (Entered: 05/14/2020)

1 Attachment - Summons Ron King

View on PACER

2 Attachment Summons Joe Errington

View on PACER

May 14, 2020 PACER
3

NOTICE of Appearance by Cliff Johnson on behalf of All Plaintiffs (Johnson, Cliff) (Entered: 05/14/2020)

May 14, 2020 PACER
4

NOTICE of Appearance by Joshua F. Tom on behalf of All Plaintiffs (Tom, Joshua) (Entered: 05/15/2020)

May 15, 2020 PACER
5

NOTICE of Appearance by Robert B. McDuff on behalf of All Plaintiffs (McDuff, Robert) (Entered: 05/18/2020)

May 18, 2020 PACER
6

MOTION for Temporary Restraining Order and Preliminary Injunction by Jamarcus Davis, Roger Ewing, Daniel Hatten, Bob Henderson, Thomas Holder, Erik Lewis, Tony Smith, Douglass Triplett, Brittany Waddell (Attachments: # 1 Exhibit Ex. 1_Expert Report of Gregg Gonsalves (May 14, 2020), # 2 Exhibit Ex. 2_Expert Report of Homer Venters (May 24, 2020), # 3 Exhibit Ex. 3_Declaration of Jamarcus Davis, # 4 Exhibit Ex. 4_Declaration of Roger Ewing, # 5 Exhibit Ex. 5_Declaration of Daniel Hatten, # 6 Exhibit Ex. 6_Declaration of Bob Henderson, # 7 Exhibit Ex. 7_Declaration of Thomas Holder, # 8 Exhibit Ex. 8_Declaration of Oziel Guzman, # 9 Exhibit Ex. 9_Declaration of Derrick Guyton, # 10 Exhibit Ex. 10_Declaration of Erik Lewis, # 11 Exhibit Ex. 11_Declaration of Douglass TriplettDeclaration of Douglass Triplett, # 12 Exhibit Ex. 12_Declaration Brent Ryan, # 13 Exhibit Ex. 13_Declaration of Tony Smith, # 14 Exhibit Ex. 14_Declaration of Brittany Waddell, # 15 Exhibit Ex. 15_COVID-19 Questions and Answers, MDOC)(Wu, Paloma). Added MOTION for Preliminary Injunction on 5/26/2020 to correct filing (ND). (Entered: 05/25/2020)

1 Exhibit Ex. 1_Expert Report of Gregg Gonsalves (May 14, 2020)

View on PACER

2 Exhibit Ex. 2_Expert Report of Homer Venters (May 24, 2020)

View on RECAP

3 Exhibit Ex. 3_Declaration of Jamarcus Davis

View on PACER

4 Exhibit Ex. 4_Declaration of Roger Ewing

View on PACER

5 Exhibit Ex. 5_Declaration of Daniel Hatten

View on PACER

6 Exhibit Ex. 6_Declaration of Bob Henderson

View on PACER

7 Exhibit Ex. 7_Declaration of Thomas Holder

View on PACER

8 Exhibit Ex. 8_Declaration of Oziel Guzman

View on PACER

9 Exhibit Ex. 9_Declaration of Derrick Guyton

View on PACER

10 Exhibit Ex. 10_Declaration of Erik Lewis

View on PACER

11 Exhibit Ex. 11_Declaration of Douglass TriplettDeclaration of Douglass Triplett

View on PACER

12 Exhibit Ex. 12_Declaration Brent Ryan

View on PACER

13 Exhibit Ex. 13_Declaration of Tony Smith

View on PACER

14 Exhibit Ex. 14_Declaration of Brittany Waddell

View on PACER

15 Exhibit Ex. 15_COVID-19 Questions and Answers, MDOC

View on PACER

May 25, 2020 PACER
7

MEMORANDUM in Support re 6 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Jamarcus Davis, Roger Ewing, Daniel Hatten, Bob Henderson, Thomas Holder, Erik Lewis, Tony Smith, Douglass Triplett, Brittany Waddell (Wu, Paloma) (Entered: 05/25/2020)

May 25, 2020 PACER
8

AFFIDAVIT of Service for Service of Process served on Tommy Taylor via the Attorney General of Mississippi on May 21, 2020, filed by Jamarcus Davis, Roger Ewing, Daniel Hatten, Bob Henderson, Thomas Holder, Erik Lewis, Tony Smith, Douglass Triplett, Brittany Waddell. (Wu, Paloma) (Entered: 05/29/2020)

May 29, 2020 RECAP
9

AFFIDAVIT of Service for Service of Process served on Ron King via the Attorney General of Mississippi on May 21, 2020, filed by Jamarcus Davis, Roger Ewing, Daniel Hatten, Bob Henderson, Thomas Holder, Erik Lewis, Tony Smith, Douglass Triplett, Brittany Waddell. (Wu, Paloma) (Entered: 05/29/2020)

May 29, 2020 PACER
10

AFFIDAVIT of Service for Service of Process served on Joe Errington via the Attorney General of Mississippi on May 21, 2020, filed by Jamarcus Davis, Roger Ewing, Daniel Hatten, Bob Henderson, Thomas Holder, Erik Lewis, Tony Smith, Douglass Triplett, Brittany Waddell. (Wu, Paloma) (Entered: 05/29/2020)

May 29, 2020 PACER
11

ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Robert P. Myers, Jr for all further proceedings. Magistrate Judge Robert H. Walker no longer assigned to case Signed by Chief District Judge Daniel P. Jordan, III on 8/3/20 (MGB) (Entered: 08/04/2020)

Aug. 3, 2020 PACER

Parties should include the newly assigned Magistrate Judge's initials RPM on future filings. (MGB)

Aug. 3, 2020 PACER

Remark

Aug. 4, 2020 PACER
12

MOTION to Withdraw 6 MOTION for Temporary Restraining Order and Preliminary Injunction MOTION for Preliminary Injunction, Joint MOTION to Stay Proceedings by Jamarcus Davis, Roger Ewing, Daniel Hatten, Bob Henderson, Thomas Holder, Erik Lewis, Tony Smith, Douglass Triplett, Brittany Waddell (Johnson, Cliff) (Entered: 09/15/2020)

Sept. 15, 2020 RECAP
13

NOTICE of Appearance by William Trey E. Jones, III on behalf of All Defendants (Jones, William Trey) (Entered: 09/22/2020)

Sept. 22, 2020 PACER
14

ORDER granting 12 Motion to Withdraw 6 MOTION for Temporary Restraining Order and Preliminary Injunction; granting 12 Joint Motion to Stay Proceedings. Signed by Magistrate Judge Robert P. Myers, Jr on October 1, 2020 (King, Steve) (Entered: 10/01/2020)

Oct. 1, 2020 PACER

NOTICE of Hearing: TELEPHONIC Status Conference set for 10/22/2020 10:00 AM before Magistrate Judge Robert P. Myers Jr. Plaintiff will place the telephone call to Judge Myers' chambers with all necessary counsel on the line. (SR)

Oct. 1, 2020 PACER

Notice of Hearing

Oct. 1, 2020 PACER
15

NOTICE of Appearance by Cody C. Bailey on behalf of Joe Errington, Ron King, Tommy Taylor (Bailey, Cody) (Entered: 10/21/2020)

Oct. 21, 2020 PACER
16

NOTICE of Appearance by Douglas T. Miracle-State Gov on behalf of Joe Errington, Ron King, Tommy Taylor (Miracle-State Gov, Douglas) (Entered: 10/21/2020)

Oct. 21, 2020 PACER

Minute Entry for proceedings held before Magistrate Judge Robert P. Myers, Jr: TELEPHONIC Status Conference held on 10/22/2020 with attorneys Paloma Wu, Cliff Johnson, Cody C. Bailey, William Trey E. Jones III and Douglas T. Miracle-State Gov. Memo of Understanding entered into by the parties. The Court will schedule a telephonic status conference to be conducted in 120 days to discuss the status of settlement negotiations. Stay will remain in effect until then. (SR)

Oct. 22, 2020 PACER

NOTICE of Hearing: TELEPHONIC Status Conference set for 2/22/2021 10:00 AM before Magistrate Judge Robert P. Myers Jr. to discuss the status of settlement negotiations. Plaintiff will place the telephone call to Judge Myers' chambers with all necessary counsel on the line. (SR)

Oct. 22, 2020 PACER

Status Conference

Oct. 22, 2020 PACER

Notice of Hearing

Oct. 22, 2020 PACER
17

NOTICE of Appearance by John G. Wheeler on behalf of Joe Errington, Ron King, Tommy Taylor (Wheeler, John) (Entered: 01/22/2021)

Jan. 22, 2021 PACER
18

NOTICE of Appearance by Michael D. Chase on behalf of Joe Errington, Ron King, Tommy Taylor (Chase, Michael) (Entered: 01/22/2021)

Jan. 22, 2021 PACER

DOCKET ANNOTATION as to # 17 and 18 . Attorneys are directed to correct the judge initials in the case number on the pleadings to: 3:20-cv-340-TSL-RPM. (ND)

Jan. 25, 2021 PACER

Docket Annotation

Jan. 25, 2021 PACER

Status Conference

Feb. 22, 2021 PACER

Order

Feb. 22, 2021 PACER

Notice of Hearing

Feb. 22, 2021 PACER

Set/Reset Hearings

June 15, 2021 PACER

Status Conference

July 7, 2021 PACER

Notice of Hearing

July 7, 2021 PACER

Status Conference

Nov. 8, 2021 PACER

Notice of Hearing

Nov. 8, 2021 PACER

Status Conference

Feb. 22, 2022 PACER

Notice of Hearing

Feb. 22, 2022 PACER

State / Territory: Mississippi

Case Type(s):

Prison Conditions

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: May 14, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Putative class: All inmates who are currently incarcerated, or will be in the future, in a CMCF of SMCI detention facility during the duration of the COVID-19 pandemic.Putative Subclass: All inmates with a disability who are at increased risk of harm from COVID-19 who are currently incarcerated, or will be in the future, in a CMCF of SMCI detention facility during the duration of the COVID-19 pandemic

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

MacArthur Justice Center

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Mississippi Department of Corrections, State

Central Mississippi Correctional Facility (Rankin), State

South Mississippi Correctional Institution (Greene), State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None

None yet

Source of Relief:

None yet

None

Content of Injunction:

Preliminary relief request withdrawn/mooted

Issues

General:

Bathing and hygiene

Conditions of confinement

Housing

Sanitation / living conditions

Staff (number, training, qualifications, wages)

Totality of conditions

Crowding:

Crowding / caseload

Discrimination-area:

Accommodation / Leave

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Medical/Mental Health:

Medical care, general

COVID-19:

Mitigation Requested

Release Requested

Type of Facility:

Government-run