Case: Williams v. Bryant

3:17-cv-00404 | U.S. District Court for the Southern District of Mississippi

Filed Date: May 23, 2017

Case Ongoing

Clearinghouse coding complete

Case Summary

In 1870, Congress passed Mississippi’s Readmission Act returning Mississippi to full statehood following the Civil War on certain conditions including that “the constitution of Mississippi shall never be so amended or changed as to deprive any citizen or class of citizens of the United States of the school rights and privileges secured by the constitution of said State.” 16 Stat. 67 (1870). On May 23, 2017, four low-income African American women filed this lawsuit on behalf of their children, …

In 1870, Congress passed Mississippi’s Readmission Act returning Mississippi to full statehood following the Civil War on certain conditions including that “the constitution of Mississippi shall never be so amended or changed as to deprive any citizen or class of citizens of the United States of the school rights and privileges secured by the constitution of said State.” 16 Stat. 67 (1870).

On May 23, 2017, four low-income African American women filed this lawsuit on behalf of their children, students of Mississippi schools, in the U.S. District Court for the Southern District of Mississippi against various officials in Mississippi's government, including the Governor, Speaker of the House, Lieutenant Governor and presider over the Senate, Secretary of State, and the entire Board of Education. Represented by the Southern Poverty Law Center and co-counsel, the plaintiffs sued under 42 U.S.C. § 1983 and Ex parte Young claiming that Mississippi failed to meet its obligations related to "school rights and privileges" under the Mississippi Readmission Act. The plaintiffs sought declaratory judgment that the educational requirements under the 1869 Mississippi Constitution and the Readmission Act remain in effect and that the current Mississippi Constitution conflicts with the Readmission Act. In addition, they sought attorneys' fees and costs. The case was assigned to Judge William H. Barbour.

Specifically, the plaintiffs alleged that Mississippi was not upholding the Readmission Act because there was a significant disparity in the conditions and education at plaintiffs' schools where students were primarily African American and schools where students were predominantly white and wealthy. The state’s top five highest-performing school districts were predominantly white whereas thirteen of the state’s nineteen school districts with an “F” rating were more than 95 percent African American. The plaintiffs’ children attended elementary schools in the Jackson Public School District and the Yazoo City Municipal School District, both with an “F” letter grade from the Mississippi Department of Education. The plaintiffs claimed the schools lacked textbooks, supplies, and experienced teachers and were in poor condition. For example, the complaint noted that at some schools paint was peeling off the walls and the ceilings had visible water spots.

On March 28, 2018, Judge Barbour dismissed the case with prejudice, finding that it was barred under Eleventh Amendment Immunity. The Court found that while the plaintiffs were only suing state officials, not the state, they were suing state officials in their official capacities, and therefore, the state was the real substantial party in interest and enjoyed sovereign immunity. Further, the Court held that the Ex parte Young doctrine that creates an exception to state sovereign immunity, was not applicable in this case because the plaintiffs were not seeking injunctive relief.

The plaintiffs then moved to have the judgment altered and for leave to file an amended complaint. On January 4, 2019, Judge Barbour found the Court did not err in finding the claims barred by Eleventh Amendment immunity, but altered the judgment so that the case was dismissed without prejudice. 2019 WL 3757948. He denied the plaintiffs' motion to amend the complaint and entered a final judgment dismissing the case without prejudice. The plaintiffs promptly appealed the judgment to the Fifth Circuit on January 25, 2019. The appeal was docketed as 19-60069.

The Fifth Circuit (Circuit Judges Stephen A. Higginson, E. Grady Jolly, and James E. Graves Jr.) affirmed in part and vacated in part. 954 F.3d 729. It found the plaintiffs' claim seeking a declaration that the current version of Mississippi's Constitution violated the Readmissions Act could be pursued under the Ex parte Young exception to state sovereign immunity because the defendants were state officers sued in their official capacities and the plaintiffs alleged a continuing violation of federal law--the Readmission Act. However, the Fifth Circuit affirmed that the claim seeking a declaration that the 1868 Mississippi Constitution remained in effect was barred by state sovereign immunity and Ex parte Young did not apply because this would require a federal court to tell state officials how to conform to state law. The Fifth Circuit denied the defendants' request for rehearing en banc (9-8). 981 F.3d 437 Circuit Judge Edith H. Jones, joined by the seven other Circuit Judges voting for rehearing, dissented, arguing that the request for a declaration the current Mississippi Constitution violated the federal Readmission Act would necessarily require the impermissible adjudication of a question of state law.

On January 13, 2021, the defendants filed a petition for review with the Supreme Court (Case No. 20A126). They also filled an application with the Supreme Court to stay the mandate of the Fifth Circuit pending the Supreme Court's decision on whether to grant review. Back in the district court, the case was reassigned to District Judge Kristi H. Jonhson and then District Judge Henry T. Wingate in January 2021. As of February 5, 2021, the petition for review remained pending, and the case is ongoing.

Summary Authors

Kennon Wales (2/5/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6065929/parties/williams-v-bryant/


Judge(s)

Barbour, William Henry Jr. (Mississippi)

Graves, James Earl Jr. (Mississippi)

Greer Isaac, LaKeysha (Mississippi)

Higginson, Stephen Andrew (Louisiana)

Jolly, E. Grady (Mississippi)

Wingate, Henry Travillion (Mississippi)

Attorneys(s) for Plaintiff

Bardwell, William B. (Mississippi)

Bender, Rita L (Washington)

Bischoff, Christine Camille (Mississippi)

Elias, Brad M (New York)

Judge(s)

Barbour, William Henry Jr. (Mississippi)

Graves, James Earl Jr. (Mississippi)

Greer Isaac, LaKeysha (Mississippi)

Higginson, Stephen Andrew (Louisiana)

Jolly, E. Grady (Mississippi)

Wingate, Henry Travillion (Mississippi)

Attorneys(s) for Plaintiff

Bardwell, William B. (Mississippi)

Bender, Rita L (Washington)

Bischoff, Christine Camille (Mississippi)

Elias, Brad M (New York)

Metlitsky, Anton (New York)

Nobile, Krissy Casey (Mississippi)

Owens, Jody E. II (Mississippi)

Wright, Lydia (Louisiana)

Documents in the Clearinghouse

Document

Docket [PACER]

Jan. 12, 2021 Docket
1

Complaint

May 23, 2017 Complaint
31

Opinion and Order

2018 WL 8996382

March 28, 2018 Order/Opinion
39

Opinion and Order

2019 WL 3757948

Jan. 4, 2019 Order/Opinion
00515370195

Opinion

Williams v. Reeves

U. S. Court of Appeals for the Fifth Circuit

981 F.3d 437

April 2, 2020 Order/Opinion
00515370195

Opinion

Williams v. Reeves

U. S. Court of Appeals for the Fifth Circuit

954 F.3d 729

April 2, 2020 Order/Opinion

Resources

Title Description External URL

Indigo Williams, et. al. v. Phil Bryant et. al.

Southern Poverty Law Center

Mississippi has repeatedly violated a nearly 150-year-old, legally binding obligation to operate a “uniform system of free public schools” for all children, an obligation placed on the state as a con… Dec. 7, 2020 https://www.splcenter.org/seeking-justice/case-docket/indigo-williams-et-al-v-phil-bryant-et-al

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6065929/williams-v-bryant/

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

ECF Number Description Date Link
1

COMPLAINT against Rosemary Aultman, Buddy Bailey, Phil Bryant, Kami Bumgarner, Jason Dean, Karen Elam, Johnny Franklin, Philip Gunn, Delbert Hosemann, William Harold Jones, John Kelly, Charles McClelland, Tate Reeves, Carey Wright ( Filing fee $ 400 receipt number 34643045078), filed by Precious Hughes, Dorothy Haymer, Sarde Graham, Indigo Williams. (Attachments: # 1 Civil Cover Sheet).(TLC) (Entered: 05/23/2017)

1 Civil Cover Sheet

View on PACER

May 23, 2017 RECAP
2

Summons Issued as to Rosemary Aultman, Buddy Bailey, Phil Bryant, Kami Bumgarner, Jason Dean, Karen Elam, Johnny Franklin, Philip Gunn, Delbert Hosemann, William Harold Jones, John Kelly, Charles McClelland, Tate Reeves, Carey Wright. (TLC) (Entered: 05/23/2017)

May 23, 2017 PACER
3

MOTION for Rita L. Bender to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number 0538-3451027) by Sarde Graham, Dorothy Haymer, Precious Hughes, Indigo Williams (Attachments: # 1 Exhibit A Certificate of Good Standing)(Bardwell, William) (Entered: 05/23/2017)

May 23, 2017 PACER
4

MOTION for Brad M. Elias to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number 0538-3451039) by Sarde Graham, Dorothy Haymer, Precious Hughes, Indigo Williams (Attachments: # 1 Exhibit A Certificate of Good Standing)(Bardwell, William) (Entered: 05/23/2017)

May 23, 2017 PACER
5

MOTION for William J. Bender to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number 0538-3451049) by Sarde Graham, Dorothy Haymer, Precious Hughes, Indigo Williams (Attachments: # 1 Exhibit A Certificate of Good Standing)(Bardwell, William) (Entered: 05/23/2017)

May 23, 2017 PACER
6

MOTION for Anton Metlitsky to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number 0538-3451066) by Sarde Graham, Dorothy Haymer, Precious Hughes, Indigo Williams (Attachments: # 1 Exhibit A Certificate of Good Standing)(Bardwell, William) (Entered: 05/23/2017)

May 23, 2017 PACER

TEXT-ONLY ORDER granting 3 Motion to Appear Pro Hac Vice of RITA BENDER as co-counsel herein. Signed by Magistrate Judge Linda R. Anderson on 5/24/2017. NO FURTHER WRITTEN ORDER WILL BE ISSUED. (WG)

May 24, 2017 PACER

TEXT-ONLY ORDER granting 4 Motion to Appear Pro Hac Vice of BRAD M. ELIAS as co-counsel. Signed by Magistrate Judge Linda R. Anderson on 5/24/2017. NO FURTHER WRITTEN ORDER WILL ISSUE. (WG)

May 24, 2017 PACER

TEXT-ONLY ORDER granting 5 Motion to Appear Pro Hac Vice of WILLIAM J. BENDER. Signed by Magistrate Judge Linda R. Anderson on 5/24/2017. NO FURTHER WRITTEN ORDER WILL ISSUE. (WG)

May 24, 2017 PACER

TEXT-ONLY ORDER granting 6 Motion to Appear Pro Hac Vice of ANTON METLITSKY. Signed by Magistrate Judge Linda R. Anderson on 5/24/2017. NO FURTHER WRITTEN ORDER WILL ISSUE. (WG)

May 24, 2017 PACER

Order on Motion to Appear Pro Hac Vice

May 24, 2017 PACER
7

SUMMONS Returned Executed by Precious Hughes, Dorothy Haymer, Sarde Graham, Indigo Williams Buddy Bailey served on 5/23/2017, answer due 6/13/2017. (Bardwell, William) (Entered: 05/24/2017)

May 24, 2017 PACER
8

SUMMONS Returned Executed by Precious Hughes, Dorothy Haymer, Sarde Graham, Indigo Williams Carey Wright served on 5/23/2017, answer due 6/13/2017. (Bardwell, William) (Entered: 05/24/2017)

May 24, 2017 PACER
9

SUMMONS Returned Executed by Precious Hughes, Dorothy Haymer, Sarde Graham, Indigo Williams Charles McClelland served on 5/23/2017, answer due 6/13/2017. (Bardwell, William) (Entered: 05/24/2017)

May 24, 2017 PACER
10

SUMMONS Returned Executed by Precious Hughes, Dorothy Haymer, Sarde Graham, Indigo Williams Delbert Hosemann served on 5/23/2017, answer due 6/13/2017. (Bardwell, William) (Entered: 05/24/2017)

May 24, 2017 PACER
11

SUMMONS Returned Executed by Precious Hughes, Dorothy Haymer, Sarde Graham, Indigo Williams Jason Dean served on 5/23/2017, answer due 6/13/2017. (Bardwell, William) (Entered: 05/24/2017)

May 24, 2017 PACER
12

SUMMONS Returned Executed by Precious Hughes, Dorothy Haymer, Sarde Graham, Indigo Williams John Kelly served on 5/23/2017, answer due 6/13/2017. (Bardwell, William) (Entered: 05/24/2017)

May 24, 2017 PACER
13

SUMMONS Returned Executed by Precious Hughes, Dorothy Haymer, Sarde Graham, Indigo Williams Johnny Franklin served on 5/23/2017, answer due 6/13/2017. (Bardwell, William) (Entered: 05/24/2017)

May 24, 2017 PACER
14

SUMMONS Returned Executed by Precious Hughes, Dorothy Haymer, Sarde Graham, Indigo Williams Kami Bumgarner served on 5/23/2017, answer due 6/13/2017. (Bardwell, William) (Entered: 05/24/2017)

May 24, 2017 PACER
15

SUMMONS Returned Executed by Precious Hughes, Dorothy Haymer, Sarde Graham, Indigo Williams Karen Elam served on 5/23/2017, answer due 6/13/2017. (Bardwell, William) (Entered: 05/24/2017)

May 24, 2017 PACER
16

SUMMONS Returned Executed by Precious Hughes, Dorothy Haymer, Sarde Graham, Indigo Williams Phil Bryant served on 5/23/2017, answer due 6/13/2017. (Bardwell, William) (Entered: 05/24/2017)

May 24, 2017 PACER
17

SUMMONS Returned Executed by Precious Hughes, Dorothy Haymer, Sarde Graham, Indigo Williams Philip Gunn served on 5/23/2017, answer due 6/13/2017. (Bardwell, William) (Entered: 05/24/2017)

May 24, 2017 PACER
18

SUMMONS Returned Executed by Precious Hughes, Dorothy Haymer, Sarde Graham, Indigo Williams Rosemary Aultman served on 5/23/2017, answer due 6/13/2017. (Bardwell, William) (Entered: 05/24/2017)

May 24, 2017 PACER
19

SUMMONS Returned Executed by Precious Hughes, Dorothy Haymer, Sarde Graham, Indigo Williams William Harold Jones served on 5/23/2017, answer due 6/13/2017. (Bardwell, William) (Entered: 05/24/2017)

May 24, 2017 PACER
20

SUMMONS Returned Executed by Precious Hughes, Dorothy Haymer, Sarde Graham, Indigo Williams Tate Reeves served on 5/23/2017, answer due 6/13/2017. (Bardwell, William) (Entered: 05/24/2017)

May 24, 2017 PACER
21

MOTION for Extension of Time to File Answer and/or Otherwise File a Responsive Pleading by Rosemary Aultman, Buddy Bailey, Phil Bryant, Kami Bumgarner, Jason Dean, Karen Elam, Johnny Franklin, Philip Gunn, Delbert Hosemann, William Harold Jones, John Kelly, Charles McClelland, Tate Reeves, Carey Wright (Nobile, Krissy) (Entered: 06/07/2017)

June 7, 2017 PACER

TEXT-ONLY ORDER granting for good cause shown unopposed 21 Motion for Extension of Time to Answer re 1 Complaint. Responses due 7/24/2017 for all Defendants. Signed by Magistrate Judge Linda R. Anderson on 6/8/2017. NO FURTHER WRITTEN ORDER WILL ISSUE. (WG)

June 8, 2017 PACER

Order on Motion for Extension of Time to Answer

June 8, 2017 PACER
22

MOTION to Withdraw as Attorney by Sarde Graham, Dorothy Haymer, Precious Hughes, Indigo Williams (Wright, Lydia) (Entered: 07/12/2017)

July 12, 2017 PACER

TEXT-ONLY ORDER granting 22 Motion to Withdraw as Attorney. Attorney Lydia A. Wright terminated. Signed by Magistrate Judge Linda R. Anderson on 7/13/2017. NO FURTHER WRITTEN ORDER WILL ISSUE. (WG)

July 13, 2017 PACER

Order on Motion to Withdraw as Attorney

July 13, 2017 PACER
23

MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim by Rosemary Aultman, Buddy Bailey, Phil Bryant, Kami Bumgarner, Jason Dean, Karen Elam, Johnny Franklin, Philip Gunn, Delbert Hosemann, William Harold Jones, John Kelly, Charles McClelland, Tate Reeves, Carey Wright (Attachments: # 1 Exhibit A)(Nobile, Krissy) (Entered: 07/24/2017)

July 24, 2017 PACER
24

MEMORANDUM in Support re 23 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim filed by Rosemary Aultman, Buddy Bailey, Phil Bryant, Kami Bumgarner, Jason Dean, Karen Elam, Johnny Franklin, Philip Gunn, Delbert Hosemann, William Harold Jones, John Kelly, Charles McClelland, Tate Reeves, Carey Wright (Nobile, Krissy) (Entered: 07/24/2017)

July 24, 2017 PACER
25

ORDER STAYING DISCOVERY pending a ruling on the State Defendants' motion to dismiss. Signed by Magistrate Judge Linda R. Anderson on 7/25/2017. (WG) (Entered: 07/26/2017)

July 26, 2017 PACER
26

Unopposed MOTION to Extend Deadline for Plaintiffs' Response to Motion to Dismiss by Sarde Graham, Dorothy Haymer, Precious Hughes, Indigo Williams (Bardwell, William) (Entered: 07/26/2017)

July 26, 2017 PACER

TEXT ONLY ORDER granting 26 Motion to Extend Deadline. Plaintiffs' Response to Motion to Dismiss due on or before September 15, 2017. Signed by District Judge William H. Barbour, Jr., on 7/27/201 7. NO WRITTEN ORDER TO FOLLOW. (sc)

July 27, 2017 PACER

Order on Motion to Extend Deadline

July 27, 2017 PACER
27

RESPONSE to Motion re 23 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim filed by Sarde Graham, Dorothy Haymer, Precious Hughes, Indigo Williams (Attachments: # 1 Exhibit A Declaration of Professor Vernon Burton, # 2 Exhibit B CV of Vernon Burton)(Bardwell, William) (Entered: 09/15/2017)

Sept. 15, 2017 PACER
28

MEMORANDUM IN SUPPORT re 27 Response to Motion, to Dismiss filed by Sarde Graham, Dorothy Haymer, Precious Hughes, Indigo Williams (Bardwell, William) (Entered: 09/15/2017)

Sept. 15, 2017 PACER
29

Unopposed MOTION for Extension of Time to File Response/Reply as to 27 Response to Motion, by Rosemary Aultman, Buddy Bailey, Phil Bryant, Kami Bumgarner, Jason Dean, Karen Elam, Johnny Franklin, Philip Gunn, Delbert Hosemann, William Harold Jones, John Kelly, Charles McClelland, Tate Reeves, Carey Wright (Nobile, Krissy) (Entered: 09/18/2017)

Sept. 18, 2017 PACER

TEXT ONLY ORDER granting 29 Motion for Extension of Time to File Response/Reply. Rebuttal to Motion to Dismiss due on or before October 10, 2017. NO FURTHER WRITTEN ORDER SHALL ISSUE. Signed by District Judge William H. Barbour, Jr on 9/19/17 (Lewis, Nijah)

Sept. 19, 2017 PACER

Order on Motion for Extension of Time to File Response/Reply

Sept. 19, 2017 PACER
30

RESPONSE in Support re 23 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim filed by Rosemary Aultman, Buddy Bailey, Phil Bryant, Kami Bumgarner, Jason Dean, Karen Elam, Johnny Franklin, Philip Gunn, Delbert Hosemann, William Harold Jones, John Kelly, Charles McClelland, Tate Reeves, Carey Wright (Nobile, Krissy) (Entered: 10/10/2017)

Oct. 10, 2017 PACER
31

OPINION AND ORDER granting 23 Motion to Dismiss. Signed by District Judge William H. Barbour, Jr on 3/28/18. (RRL) (Entered: 03/29/2018)

March 28, 2018 RECAP
32

FINAL JUDGMENT dismissing this case with prejudice. Signed by District Judge William H. Barbour, Jr on 3/28/18. (RRL) (Entered: 03/29/2018)

March 28, 2018 RECAP
33

NOTICE of Appearance by Christine Camille Bischoff on behalf of Sarde Graham, Dorothy Haymer, Precious Hughes, Indigo Williams (Bischoff, Christine) (Entered: 04/10/2018)

April 10, 2018 PACER
34

MOTION to Alter Judgment or, in the Alternative, for Leave to File an Amended Complaint by Sarde Graham, Dorothy Haymer, Precious Hughes, Indigo Williams (Attachments: # 1 Exhibit A (Proposed First Amended Complaint))(Bardwell, William) (Entered: 04/11/2018)

April 11, 2018 PACER
35

MEMORANDUM in Support re 34 MOTION to Alter Judgment or, in the Alternative, for Leave to File an Amended Complaint filed by Sarde Graham, Dorothy Haymer, Precious Hughes, Indigo Williams (Bardwell, William) (Entered: 04/11/2018)

April 11, 2018 PACER
36

MEMORANDUM in Opposition re 34 MOTION to Alter Judgment or, in the Alternative, for Leave to File an Amended Complaint filed by Rosemary Aultman, Buddy Bailey, Phil Bryant, Kami Bumgarner, Jason Dean, Karen Elam, Johnny Franklin, Philip Gunn, Delbert Hosemann, William Harold Jones, John Kelly, Charles McClelland, Tate Reeves, Carey Wright (Nobile-State Gov, Krissy) (Entered: 04/25/2018)

April 25, 2018 PACER
37

Unopposed MOTION for Extension of Time to File Response/Reply as to 36 Memorandum in Opposition to Motion, to Alter or Amend the Judgment by Sarde Graham, Dorothy Haymer, Precious Hughes, Indigo Williams (Bischoff, Christine) (Entered: 04/26/2018)

April 26, 2018 PACER

Order on Motion for Extension of Time to File Response/Reply

April 26, 2018 PACER

TEXT ONLY ORDER granting 37 Motion for Extension of Time to File Response/Reply. Plaintiffs' rebuttal to Motion to Alter or Amend is due on or before May 9, 2018. NO FURTHER WRITTEN ORDER SHALL ISSUE. Signed by District Judge William H. Barbour, Jr on 4/26/18 (Lewis, Nijah)

April 26, 2018 PACER
38

RESPONSE in Support re 34 MOTION to Alter Judgment or, in the Alternative, for Leave to File an Amended Complaint filed by Sarde Graham, Dorothy Haymer, Precious Hughes, Indigo Williams (Bardwell, William) (Entered: 05/03/2018)

May 3, 2018 PACER
39

OPINION AND ORDER ORDER granting in part and denying in part 34 Motion to Alter Judgment. IT IS FURTHER ORDERED that the Final Judgment previously entered in this case, [Docket No. 32] is hereby vacated. AnAmended Final Judgment dismissing this case without prejudice shall be entered this day. IT IS FURTHER ORDERED that Plaintiffs' Motion for Leave to File an Amended Complaint is hereby denied. Signed by District Judge William H. Barbour, Jr on 1/4/2019 (cwl) (Entered: 01/04/2019)

Jan. 4, 2019 RECAP
40

AMENDED FINAL JUDGMENT: In accordance with the Opinion and Order by which the Motion of Defendants to Dismiss was granted, this case is hereby dismissedwithout prejudice. Signed by District Judge William H. Barbour, Jr on 1/9/2019 (cwl) (Entered: 01/04/2019)

Jan. 4, 2019 PACER
41

NOTICE OF APPEAL as to 40 Judgment filed by Sarde Graham, Dorothy Haymer, Precious Hughes and Indigo Williams. [Filing fee $ 505 paid, receipt number 34643053462.] (ND) (Entered: 01/25/2019)

Jan. 25, 2019 PACER
42

Appeal Remark re 41 Notice of Appeal : Initial Case Check Letter from U.S. Court of Appeals to Counsel advising of case number and procedures. (KNS) (Entered: 02/04/2019)

Feb. 4, 2019 PACER

USCA Case Number

Feb. 4, 2019 PACER

USCA Case Number 19-60069 for 41 Notice of Appeal filed by Dorothy Haymer, Indigo Williams, Sarde Graham, Precious Hughes. (KNS)

Feb. 4, 2019 PACER

Appeal Remark

Feb. 4, 2019 PACER

Appeal Remark re 41 Notice of Appeal : Electronic appeal record has been certified for appeal purposes and awaiting for acceptance from the U.S. Court of Appeals, Fifth Circuit. Once the record has been accepted, a separate docket entry will be made notifying parties that they may then access the record via the Fifth Circuit website. (KNS)

Feb. 4, 2019 PACER
43

NOTICE Statement of the Issue by Sarde Graham, Dorothy Haymer, Precious Hughes, Indigo Williams (Bardwell, William) (Entered: 02/05/2019)

Feb. 5, 2019 PACER
44

NOTICE Certificate Declining To Order Transcript by Sarde Graham, Dorothy Haymer, Precious Hughes, Indigo Williams (Bardwell, William) (Entered: 02/05/2019)

Feb. 5, 2019 PACER

ELECTRONIC RECORD ON APPEAL ACCEPTED : The Court of Appeals has accepted the Electronic Record on Appeal and it is available for attorney access and download at http://http://www.ca5.uscourts.gov/docs/default-source/forms/instructions-for-electronic-record-download-feature-of-cm.pdf using credentials provided to you by the Clerk of that Court. COUNSEL MUST HAVE AN APPEARANCE FORM ON FILE. If you have not filed it and/or have just filed it, please allow 3-5 days for processing. Requirements: Java 1.7, Adobe Acrobat Reader 11, turn off pop up blockers or add CM/ECF filing system to approved pop up settings. (KNS)

Feb. 13, 2019 PACER

Electronic Record on Appeal Accepted

Feb. 13, 2019 PACER
45

Appeal Remark re 41 Notice of Appeal : CLERK ORDER granting Motion to extend time to file reply brief filed by Appellants. (KNS) (Entered: 04/29/2019)

April 29, 2019 PACER
46

CLERK ORDER of USCA as to 41 Notice of Appeal: granting Motion to withdraw as counsel in this case filed by Ms. Kristi Haskins Johnson. (KNS) (Entered: 11/12/2020)

Nov. 12, 2020 PACER
47

COURT ORDER of USCA as to 41 Notice of Appeal filed by Dorothy Haymer, Indigo Williams, Sarde Graham, Precious Hughes: denying Petition for rehearing en banc. (Attachments: # 1 Cover Letter)(LAT) (Entered: 12/07/2020)

Dec. 7, 2020 PACER
48

ORDER of USCA as to 41 Notice of Appeal filed by Dorothy Haymer, Indigo Williams, Sarde Graham, Precious Hughes : COURT ORDER denying Motion to stay issuance of the mandate. (Attachments: # 1 Cover Letter)(KNS) (Entered: 12/14/2020)

Dec. 14, 2020 PACER
49

Copy of Opinion - USCA re 41 Notice of Appeal : AFFIRMED in part and VACATED and REMANDED in part. (Attachments: # 1 Cover Letter)(KNS) (Entered: 01/07/2021)

Jan. 6, 2021 PACER
50

CERTIFIED COPY OF USCA JUDGMENT/MANDATE as to 41 Notice of Appeal. (Attachments: # 1 Cover Letter)(KNS) (Entered: 01/07/2021)

Jan. 6, 2021 PACER
51

Letter from Will Bardwell, Counsel for the Plaintiffs. (KNS) (Entered: 01/11/2021)

Jan. 11, 2021 RECAP
52

ORDER REASSIGNING CASE. Case reassigned to District Judge Kristi H. Johnson and Magistrate Judge LaKeysha Greer Isaac for all further proceedings. District Judge William H. Barbour, Jr, Magistrate Judge Linda R. Anderson no longer assigned to case. Signed by Chief District Judge Daniel P. Jordan, III on 01/02/2019 (KNS) (Entered: 01/11/2021)

Jan. 11, 2021 PACER

Attorneys/parties should include the case number and new judge assignment of 3:17-cv-404-KHJ-LGI on future filings. (KNS)

Jan. 11, 2021 PACER
53

NOTICE of Filing with the U.S. Supreme Court of Application to Recall and Stay Mandate of the United States Court of Appeals for the Fifth Circuit Pending the Filing and Disposition of a Petition for Writ of Certiorari by Rosemary Aultman, Buddy Bailey, Phil Bryant, Kami Bumgarner, Jason Dean, Karen Elam, Johnny Franklin, Philip Gunn, Delbert Hosemann, William Harold Jones, John Kelly, Charles McClelland, Tate Reeves, Carey Wright (Nobile, Krissy) (Entered: 01/11/2021)

Jan. 11, 2021 PACER

Remark

Jan. 11, 2021 PACER
54

ORDER REASSIGNING CASE. Case reassigned to District Judge Henry T. Wingate for all further proceedings. District Judge Kristi H. Johnson no longer assigned to case. Signed by District Judge Kristi H. Johnson on 01/12/2021 (KNS) (Entered: 01/12/2021)

Jan. 12, 2021 PACER

Attorneys/parties should include the case number and new judge assignment of 3:17-cv-404-HTW-LGI on future filings. (KNS)

Jan. 12, 2021 PACER

Notice (Other) - DO NOT USE FOR APPEALS OR DISCOVERY

Jan. 12, 2021 PACER
55

NOTICE of U.S. Supreme Court Order denying without prejudice application to recall and stay the mandate by Rosemary Aultman, Buddy Bailey, Phil Bryant, Kami Bumgarner, Jason Dean, Karen Elam, Johnny Franklin, Philip Gunn, Delbert Hosemann, William Harold Jones, John Kelly, Charles McClelland, Tate Reeves, Carey Wright re 53 Notice (Other), (Nobile, Krissy) (Entered: 04/09/2021)

April 9, 2021 PACER
56

NOTICE of Appearance by Douglas T. Miracle-State Gov on behalf of Rosemary Aultman, Buddy Bailey, Phil Bryant, Kami Bumgarner, Jason Dean, Karen Elam, Johnny Franklin, Philip Gunn, Delbert Hosemann, William Harold Jones, John Kelly, Charles McClelland, Tate Reeves, Carey Wright (Miracle-State Gov, Douglas) (Entered: 04/20/2021)

April 20, 2021 PACER
57

NOTICE of Appearance by Rex M. Shannon-State Gov, III on behalf of All Defendants (Shannon-State Gov, Rex) (Entered: 04/20/2021)

April 20, 2021 PACER
58

MOTION Motion for Status Conference and Scheduling Order by Rosemary Aultman, Buddy Bailey, Phil Bryant, Kami Bumgarner, Jason Dean, Karen Elam, Johnny Franklin, Philip Gunn, Delbert Hosemann, William Harold Jones, John Kelly, Charles McClelland, Tate Reeves, Carey Wright (Attachments: # 1 Exhibit A: Fifth Circuit Panel Decision, # 2 Exhibit B: Fifth Circuit Rehearing Decision, # 3 Exhibit C: SPLC Letter, # 4 Exhibit D: April 16, 2021 Nobile E-mail)(Nobile, Krissy) (Entered: 04/22/2021)

April 22, 2021 PACER
59

MOTION to Withdraw as Attorney by Rosemary Aultman, Buddy Bailey, Phil Bryant, Kami Bumgarner, Jason Dean, Karen Elam, Johnny Franklin, Philip Gunn, Delbert Hosemann, William Harold Jones, John Kelly, Charles McClelland, Tate Reeves, Carey Wright (Nobile - State Gov, Krissy) (Entered: 04/29/2021)

April 29, 2021 PACER
60

NOTICE of Appearance by Drew D. Guyton-State Gov on behalf of All Defendants (Guyton-State Gov, Drew) (Entered: 04/29/2021)

April 29, 2021 PACER
61

RESPONSE in Opposition re 58 MOTION Motion for Status Conference and Scheduling Order filed by Sarde Graham, Dorothy Haymer, Precious Hughes, Indigo Williams (Bardwell, William) (Entered: 04/30/2021)

April 30, 2021 PACER

TEXT ONLY ORDER granting 59 Motion to Withdraw as Attorney. Attorney Krissy C. Nobile - State Gov terminated. NO FURTHER WRITTEN ORDER SHALL ISSUE. Signed by Magistrate Judge LaKeysha Greer Isaac on 5/3/21 (Lewis, Nijah)

May 3, 2021 PACER
62

Rebuttal re 58 MOTION Motion for Status Conference and Scheduling Order filed by Rosemary Aultman, Buddy Bailey, Phil Bryant, Kami Bumgarner, Jason Dean, Karen Elam, Johnny Franklin, Philip Gunn, Delbert Hosemann, William Harold Jones, John Kelly, Charles McClelland, Tate Reeves, Carey Wright (Shannon-State Gov, Rex) (Entered: 05/03/2021)

May 3, 2021 PACER

Order on Motion to Withdraw as Attorney

May 3, 2021 PACER
63

MOTION to Withdraw as Attorney re Brad Elias by Sarde Graham, Dorothy Haymer, Precious Hughes, Indigo Williams (Bardwell, William) (Entered: 06/08/2021)

June 8, 2021 PACER

TEXT ONLY ORDER granting 63 Motion to Withdraw as Attorney. Attorney Brad M. Elias - PHV terminated. OMelveny & Myers LLP and the Southern Poverty Law Center and ALL associated attorney will remain as counsel and continue to represent Plaintiffs. NO FURTHER WRITTEN ORDER SHALL ISSUE. Signed by Magistrate Judge LaKeysha Greer Isaac on 6/14/21 (Lewis, Nijah)

June 14, 2021 PACER

Order on Motion to Withdraw as Attorney

June 14, 2021 PACER

Set Hearings: Status Conference set for 7/7/2021 01:30 PM in Courtroom 6A (Jackson) Wingate before District Judge Henry T. Wingate (nd)

June 24, 2021 PACER

Set/Reset Hearings

June 24, 2021 PACER

Status Conference

July 7, 2021 PACER
64

Order on Motion for Miscellaneous Relief

July 7, 2021 PACER
65

Amended Complaint

July 19, 2021 PACER
66

Dismiss/Lack of Jurisdiction

Sept. 14, 2021 PACER
67

Memorandum in Support of Motion

Sept. 14, 2021 PACER
68

Order Staying Case

Sept. 15, 2021 PACER

State / Territory: Mississippi

Case Type(s):

Education

Key Dates

Filing Date: May 23, 2017

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

4 low-income African American women on behalf of their children, kindergarten and first-grade students of Jackson Public School District and the Yazoo City Municipal School District, both of which received "F" ratings from the Mississippi Department of Education.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Southern Poverty Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Mississpi, State

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Ex parte Young (federal or state officials)

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None

Source of Relief:

None yet

Issues

Discrimination-basis:

Race discrimination

Race:

Black

Type of Facility:

Government-run