Case: Cole v. Tuttle

2:73-00073 | U.S. District Court for the Northern District of Mississippi

Filed Date: June 22, 1973

Closed Date: Jan. 5, 1978

Clearinghouse coding complete

Case Summary

In 1973, Roosevelt Cole, on his own behalf and on behalf of all present and future black inmates in the Panola County jail, sued the individual members of the Board of Supervisors of Panola County, Mississippi and the Sheriff for neglecting to look into the state of the prisons as required by Mississippi statute. The plaintiff complained of the unsanitary and unsafe conditions, the absence of fair procedures, physical abuse, denial of religious and political freedoms, inadequate medical atten…

In 1973, Roosevelt Cole, on his own behalf and on behalf of all present and future black inmates in the Panola County jail, sued the individual members of the Board of Supervisors of Panola County, Mississippi and the Sheriff for neglecting to look into the state of the prisons as required by Mississippi statute. The plaintiff complained of the unsanitary and unsafe conditions, the absence of fair procedures, physical abuse, denial of religious and political freedoms, inadequate medical attention, denial of a right to fair trial, lack of educational, recreational, and rehabilitation facilities, denial of essential communication due to poverty, inadequate diet, and racial discrimination against black inmates.

In 1973, the United States District Court for the Northern District of Mississippi (Judge Orma Smith) dismissed individual board members as defendants. Cole v. Tuttle, 366 F. Supp. 1252 (N.D. Miss. 1973). The cause of action continued against the Sheriff, and in 1975, after the trial, the District Court granted plaintiff some injunctive relief and denied an award of attorney's fees to plaintiff's counsel, who was from North Mississippi Rural Legal Services and the Mississippi Prisoner's Defense Committee. The court also required the Sheriff to submit a detailed report announcing how he would comply with the judgment.

Over the next several years, litigation continued: the District Court denied plaintiff's objections to the Sheriff's report, and the court found that there was evidence that it was necessary for the Sheriff to segregate the races in the ""bull pens"" of the jail in order to protect the prisoners. Plaintiff appealed, and the Fifth Circuit Court of Appeals dismissed the appeal as untimely.

During an appeal in 1976, the parties apparently settled the case, which was therefore remanded to the District Court for entry of an injunction reflecting the settlement and award of attorney's fees. The court entered the stipulated injunction and prohibited the Sheriff and his successors from engaging in racially discriminatory practices, including the assignment of inmates to cells, cell-blocks, or ""bullpens,"" except where the assignment is necessary for the security of the prison. Cole v. Tuttle, 540 F.2d 206 (5th Cir. 1976).

In 1978 the court approved and entered the resulting consent order submitted by the parties. Cole v. Tuttle, 462 F. Supp. 1016 (N.D. Miss. 1978). There is no docket available for this case on PACER, and therefore our information ends with the last reported decision in 1978.

Summary Authors

Lauren Cutson (5/17/2005)

People


Judge(s)

Gee, Thomas Gibbs (Louisiana)

Hill, Robert Andrews (Mississippi)

Roney, Paul Hitch (Florida)

Smith, Orma Rinehart (Mississippi)

Attorneys(s) for Plaintiff

Lipman, David M. (Mississippi)

McTeer, Charles Victor (Mississippi)

Myers, Lewis Jr. (Mississippi)

Walker, John L. Jr. (Mississippi)

Walls, Johnnie E. Jr. (Mississippi)

Welch, Ronald R. (Mississippi)

Judge(s)

Gee, Thomas Gibbs (Louisiana)

Hill, Robert Andrews (Mississippi)

Roney, Paul Hitch (Florida)

Smith, Orma Rinehart (Mississippi)

Attorneys(s) for Plaintiff

Lipman, David M. (Mississippi)

McTeer, Charles Victor (Mississippi)

Myers, Lewis Jr. (Mississippi)

Walker, John L. Jr. (Mississippi)

Walls, Johnnie E. Jr. (Mississippi)

Welch, Ronald R. (Mississippi)

Attorneys(s) for Defendant

Bailey, M. Collins (Mississippi)

Belleperche, Thomas W. (Mississippi)

Finch, Charles C. (Mississippi)

Hickman, Will A. (Mississippi)

Jackson, John E. Jr. (Mississippi)

Documents in the Clearinghouse

Document

Memorandum of Decision

366 F.Supp. 1252, 1973 U.S.Dist.LEXIS 10908

Nov. 27, 1973 Order/Opinion

Reported Opinion

U. S. Court of Appeals for the Fifth Circuit

540 F.2d 206, 1976 U.S.App.LEXIS 6893

Sept. 28, 1976 Order/Opinion

Memorandum of Decision

462 F.Supp. 1016, 1978 U.S.Dist.LEXIS 15764

Aug. 31, 1978 Order/Opinion

Resources

Title Description External URL

Docket

Last updated May 12, 2022, 8 p.m.

Docket sheet not available via the Clearinghouse.

State / Territory: Mississippi

Case Type(s):

Jail Conditions

Key Dates

Filing Date: June 22, 1973

Closing Date: Jan. 5, 1978

Case Ongoing: No

Plaintiffs

Plaintiff Description:

black inmates of the Panola County Jail in Mississippi

Public Interest Lawyer: Yes

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Panola County Jail (Panola), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Equal Protection

Freedom of speech/association

Unreasonable search and seizure

Availably Documents:

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 1973 - None

Issues

General:

Access to lawyers or judicial system

Administrative segregation

Disciplinary procedures

Education

Food service / nutrition / hydration

Mail

Phone

Recreation / Exercise

Religious programs / policies

Sanitation / living conditions

Totality of conditions

Discrimination-basis:

Race discrimination

Type of Facility:

Government-run