Case: Disability Rights Mississippi v. Forrest County

2:11-cv-00053 | U.S. District Court for the Southern District of Mississippi

Filed Date: March 7, 2011

Closed Date: March 31, 2015

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Case Summary

This case is about a P&A agency's access authority over youth residents in a detention center in Mississippi. The lawsuit began when video footage depicting severe abuse of children detained in Forrest County Juvenile Detention Center was broadcasted in the local media. Based on the media accounts and other reports, Disability Rights Mississippi went to the facility to conduct a monitoring visit. When they arrived, the Detention Center Director denied access to any children in the facility. On …

This case is about a P&A agency's access authority over youth residents in a detention center in Mississippi.

The lawsuit began when video footage depicting severe abuse of children detained in Forrest County Juvenile Detention Center was broadcasted in the local media. Based on the media accounts and other reports, Disability Rights Mississippi went to the facility to conduct a monitoring visit. When they arrived, the Detention Center Director denied access to any children in the facility.

On March 7, 2011, Disability Rights Mississippi (plaintiff) filed a complaint in U.S. District Court for the Southern District of Mississippi against the center (defendant), alleging violations of the Developmental Disabilities Assistance and Bill of Rights Act (DD Act), the Protection and Advocacy for Individuals with Mental Illness Act (PAIMI Act), and the Protection and Advocacy of Individual Rights Act (PAIR Act), when county officials denied plaintiff's access to the Juvenile Detention Center. Plaintiff sought injunctive and declaratory relief to gain access to the defendant's center, its staff, records, and residents. Judge Keith Starrett presided over this matter.

In its response to the complaint, defendant admitted that plaintiff had access to detainees with disabilities, but not access to all detainees in the facility. Defendant also filed a cross-complaint for declaratory judgment, asking the Court to deny the attempted expansion of clientele of plaintiff, and to clarify issues regarding plaintiff's authority to meet with juveniles without disabilities.

On April 8, 2011, plaintiff moved to dismiss the cross-claim for lack of subject matter jurisdiction, as well as for failure to state a claim.

On April 12, 2011, the parties submitted an agreed order to the Court. The parties agreed to a temporary plan of access while the parties continued to negotiate. The plan granted plaintiff access to defendant's facility for investigative and monitoring purposes, so long as those activities minimized interference with defendant's programs, respected residents' wishes, and honored residents' rights to terminate any interviews.

Meanwhile, several state court orders were filed to limit plaintiff's access to the detention center. On June 3, 2011, plaintiff filed an emergency motion to stay case state court proceedings. The Court granted the motion on June 13.

On March 31, 2015, the parties announced they reached a settlement. The details of the settlement are unknown to the Clearinghouse at this time. The Court retained jurisdiction to enforce the settlement agreement and impose attorney’s fees.

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Summary Authors

NDRN (7/5/2024)

Madilynn O'Hara (9/6/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5003932/parties/disability-rights-mississippi-v-forrest-county-mississippi/

Judge(s)

Starrett, Keith (Mississippi)

Judge(s)

Starrett, Keith (Mississippi)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 2:11-cv-00053	Disability Rights Mississippi's Complaint for Injunctive and Declaratory Relief	March 7, 2011	March 7, 2011 Complaint
4 2:11-cv-00053	Memorandum in Support of Plaintiff's Motion for Preliminary Injunction	March 8, 2011	March 8, 2011 Pleading / Motion / Brief
6 2:11-cv-00053	Answer to Complaint for Injunctive Relief and Declaratory Relief and Cross Complaint for Declaratory Judgment	March 22, 2011	March 22, 2011 Pleading / Motion / Brief
9 2:11-cv-00053	Plaintiff/Cross-Defendant's Motion to Dismiss Pursuant to Rules 12(B)(1) & 12(B)(6)	April 8, 2011	April 8, 2011 Pleading / Motion / Brief
11 2:11-cv-00053	Agreed Order	April 12, 2011	April 12, 2011 Order/Opinion
15 2:11-cv-00053	Order	June 13, 2011	June 13, 2011 Order/Opinion
21 2:11-cv-00053	Judgment of Dismissal	March 31, 2015	March 31, 2015 Order/Opinion
23 2:11-cv-00053	Appearance of Counsel	Dec. 23, 2019	Dec. 23, 2019 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/5003932/disability-rights-mississippi-v-forrest-county-mississippi/

Last updated July 5, 2024, 4:22 p.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against Forrest County, Mississippi ( Filing fee $ 350 receipt number 24643001101), filed by Disability Rights Mississippi. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A - News Articles/ Photos/Juvenile Facilities Monitoring Unit Letters, # 3 Exhibit B - Amended Cooperative Agreement for DRMS and MYJP, # 4 Exhibit C - Letters from SPLC, # 5 Exhibit D - Agreed Orders Filed in USDC Southern District of MS)(LDR) (Entered: 03/08/2011) 1 Civil Cover Sheet View on PACER 2 Exhibit A - News Articles/ Photos/Juvenile Facilities Monitoring Unit Letters View on PACER 3 Exhibit B - Amended Cooperative Agreement for DRMS and MYJP View on PACER 4 Exhibit C - Letters from SPLC View on PACER 5 Exhibit D - Agreed Orders Filed in USDC Southern District of MS View on PACER	March 7, 2011	March 7, 2011 Clearinghouse
2	Summons Issued as to Forrest County, Mississippi. (LDR) (Entered: 03/08/2011)	March 7, 2011	March 7, 2011 PACER
3	MOTION for Preliminary Injunction by Disability Rights Mississippi (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Owens, Jody) (Entered: 03/08/2011) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER	March 8, 2011	March 8, 2011 PACER
4	MEMORANDUM in Support re 3 MOTION for Preliminary Injunction filed by Disability Rights Mississippi (Owens, Jody) (Entered: 03/08/2011)	March 8, 2011	March 8, 2011 Clearinghouse
	DOCKET ANNOTATION as to #3: Exhibits missing meaningful description. L.U.Civ.R. 7 requires that all supporting exhibits to a document be denominated by an exhibit letter or number and a meaningful description. Attorney is advised to follow this rule in future filings. (LDR)	March 9, 2011	March 9, 2011 PACER
	Docket Annotation	March 9, 2011	March 9, 2011 PACER
5	ORDER setting dates certain re 3 MOTION for Preliminary Injunction filed by Disability Rights Mississippi. Respondent's response is due on or before March 22, 2011; the Movant's rebuttal, if any, is due on or before March 29, 2011. Signed by District Judge Keith Starrett on 3/14/11 (scp) (Entered: 03/14/2011)	March 14, 2011	March 14, 2011 PACER
6	ANSWER to 1 Complaint, for Injunctive and Declaratory Relief, CROSSCLAIM for Declaratory Judgment against Disability Rights Mississippi by Forrest County, Mississippi.(Dukes, James) (Entered: 03/22/2011)	March 22, 2011	March 22, 2011 Clearinghouse
	TEXT ONLY ORDER Setting Conference Call and, additionally, setting an in-person Hearing on Injunctive and Declaratory Relief. At the request of counsel, a conference call in this matter is set for Thursday March 31, 2011 at 9:00 a.m. The call shall be initiated by the Court. Additionally, an in-person hearing in this matter is set for Tuesday, April 12, 2011 at 2:30 p.m., Colmer Federal Building, Courtroom 1, before U.S. District Judge Keith Starrett. NO FURTHER WRITTEN ORDER SHALL ISSUE FROM THE COURT. Signed by District Judge Keith Starrett on March 29, 2011 (dsl)	March 29, 2011	March 29, 2011 PACER
	Order	March 29, 2011	March 29, 2011 PACER
7	REPLY ANSWER to 6 Answer to Complaint, Crossclaim by Disability Rights Mississippi.(Owens, Jody) (Entered: 03/29/2011)	March 29, 2011	March 29, 2011 PACER
	Minute Entry for proceedings held before District Judge Keith Starrett: Telephone Conference held on 3/31/2011. It was determined by the Court and counsel for the parties that an in person hearing previously set would need to be held. The hearing was previously scheduled to be heard on Tuesday, April 12, 2011, at 2:30. The time of the hearing has been changed to 1:00 p.m., however, the date remains set for April 12, 2011. A text order will be entered resetting same. PARTICIPANTS: Jody E. Owens, II on behalf of Plaintiff; James K. Dukes, Jr. and David Miller on behalf of Defendant. (dsl)	March 31, 2011	March 31, 2011 PACER
	Telephone Conference	March 31, 2011	March 31, 2011 PACER
	TEXT ONLY ORDER RESETTING TIME OF HEARING FOR INJUNCTIVE AND DECLARATORY RELIEF. The hearing previously set for Tuesday, April 12, 2011, at 2:30 p.m. has been reset for 1:00 p.m. Please note that only the time of the hearing has changed. The date of the hearing remains Tuesday, April 12, 2011. The hearing will be held at the Colmer Federal Courthouse, Courtroom 1, Hattiesburg, before District Judge Keith Starrett. NO FURTHER WRITTEN ORDER SHALL ISSUE FROM THE COURT. Signed by District Judge Keith Starrett on March 31, 2011 (dsl)	March 31, 2011	March 31, 2011 PACER
	Order	March 31, 2011	March 31, 2011 PACER
8	Subpoena Returned Executed as to Tony Best. (Owens, Jody) (Entered: 04/08/2011)	April 8, 2011	April 8, 2011 PACER
9	MOTION to Dismiss for Lack of Jurisdiction, MOTION to Dismiss for failure to state a claim by Disability Rights Mississippi (Owens, Jody) (Entered: 04/08/2011)	April 8, 2011	April 8, 2011 Clearinghouse
10	MEMORANDUM in Support re 9 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for failure to state a claim filed by Disability Rights Mississippi (Owens, Jody) (Entered: 04/08/2011)	April 8, 2011	April 8, 2011 PACER
	DOCKET ANNOTATION as to #9, #10: Identification of filer is incomplete; filer's email address is missing. L.U.Civ.R. Rule 11.(a) states that all filed, signed documents must contain counsels name, address, telephone number, fax number, e-mail address and counsels bar membership identification number. Attorney is advised to comply with this requirement in future filings. (LDR)	April 11, 2011	April 11, 2011 PACER
	Docket Annotation	April 11, 2011	April 11, 2011 PACER
11	AGREED ORDER. The Court retains jurisdiction for the enforcement of this order. A separate judgment shall be entered. Signed by District Judge Keith Starrett on April 12, 2011 (dsl) Modified on 4/12/2011 (dsl). (Entered: 04/12/2011)	April 12, 2011	April 12, 2011 Clearinghouse
	Docket Annotation	April 12, 2011	April 12, 2011 PACER
	DOCKET ANNOTATION as to #11. Docket entry modified to correct title of document from "Agreed Order of Dismissal" to "Agreed Order." (dsl)	April 12, 2011	April 12, 2011 PACER
12	ERROR, DISREGARD THIS ENTRY JUDGMENT, parties have settled the matters pending before this Court; the Court retains jurisdiction over this case for the enforcement of this Judgment. Case is finally closed. Signed by District Judge Keith Starrett on 4/12/11. (LDR) Modified on 4/13/2011 (LDR). (Entered: 04/13/2011)	April 13, 2011	April 13, 2011 PACER
	Order	April 13, 2011	April 13, 2011 PACER
	TEXT ONLY ORDER SETTING ASIDE JUDGMENT entered on April 13, 2011. Said Judgment was entered through error and inadvertence and should be set aside and held for naught. The Clerk of Court is directed to reopen this case. NO FURTHER WRITTEN ORDER SHALL ISSUE FROM THE COURT. Signed by District Judge Keith Starrett on April 13, 2011 (dsl)	April 13, 2011	April 13, 2011 PACER
13	Emergency MOTION to Stay Case State Court Proceedings Pursuant to 28 U.S.C. 2283 by Disability Rights Mississippi (Attachments: # 1 Exhibit A Forrest County PD Order, # 2 Exhibit B Stone County PD Order, # 3 Exhibit C 2 Stone County PD Order, # 4 Exhibit D George County PD Order, # 5 Exhibit E Greene County PD Order)(Owens, Jody) (Entered: 06/03/2011) 1 Exhibit A Forrest County PD Order View on PACER 2 Exhibit B Stone County PD Order View on PACER 3 Exhibit C 2 Stone County PD Order View on PACER 4 Exhibit D George County PD Order View on PACER 5 Exhibit E Greene County PD Order View on PACER	June 3, 2011	June 3, 2011 PACER
14	MEMORANDUM IN SUPPORT re 13 Emergency MOTION to Stay Case State Court Proceedings Pursuant to 28 U.S.C. 2283 filed by Disability Rights Mississippi (Owens, Jody) (Entered: 06/03/2011)	June 3, 2011	June 3, 2011 PACER
	Minute Entry for proceedings held before District Judge Keith Starrett: Telephone Conference held on 6/6/2011 at the request of the Court. PARTICIPANTS: Jody E. Owens, II on behalf of the Plaintiffs; James K. Dukes, Jr. and David Miller on behalf of the Defendants. (dsl)	June 6, 2011	June 6, 2011 PACER
	Telephone Conference	June 6, 2011	June 6, 2011 PACER
	Minute Entry for proceedings held before District Judge Keith Starrett: Telephone Conference held on 6/9/2011 at the request of Plaintiff's counsel. After talking with the Court it was agreed that counsel for the parties would have another status conference with the Court on Monday, June 13th, if needed. PARTICIPANTS: Jody E. Owens, II on behalf of Plaintiffs; James K. Dukes, Jr. and David Miller on behalf of the Defendants. (dsl)	June 9, 2011	June 9, 2011 PACER
	Telephone Conference	June 9, 2011	June 9, 2011 PACER
15	ORDER granting 13 Motion to Stay the enforcement of State Court orders that conflict with orders of this Court. Signed by District Judge Keith Starrett on 6/13/11 (scp) (Entered: 06/13/2011)	June 13, 2011	June 13, 2011 Clearinghouse
16	MOTION to Withdraw as Attorney by Disability Rights Mississippi (Juneja, Poonam) (Entered: 07/28/2011)	July 28, 2011	July 28, 2011 PACER
	Order on Motion to Withdraw as Attorney	July 28, 2011	July 28, 2011 PACER
	TEXT ONLY ORDER granting 16 Motion to Withdraw as Attorney. Attorney Poonam Juneja terminated. No further written order will issue. Signed by Magistrate Judge Michael T. Parker on July 28, 2011 (KPM)	July 28, 2011	July 28, 2011 PACER
17	NOTICE of Appearance by Wendy Wilson White on behalf of Disability Rights Mississippi (White, Wendy) (Entered: 08/05/2011)	Aug. 5, 2011	Aug. 5, 2011 PACER
18	MOTION to Substitute Attorney by Disability Rights Mississippi (Hardage, Frances) (Entered: 07/31/2014)	July 31, 2014	July 31, 2014 PACER
	Order on Motion to Substitute Attorney	July 31, 2014	July 31, 2014 PACER
	TEXT ONLY ORDER granting 18 Motion to Substitute Attorney. Attorney Wendy Wilson White terminated. No further written order will issue. Signed by Magistrate Judge Michael T. Parker on July 31, 2014 (KPM)	July 31, 2014	July 31, 2014 PACER
19	ERROR, DISREGARD THIS ENTRYNOTICE of Appearance by Joi L. Owens on behalf of Disability Rights Mississippi (Owens, Joi) Modified on 9/16/2014 (LDR). (Entered: 09/15/2014)	Sept. 15, 2014	Sept. 15, 2014 PACER
	DOCKET ANNOTATION as to 19 : Any PDF fillable on-line forms once completed should be electronically converted to PDF by printing to the PDF printer. Save the file with an appropriate name in a folder. E-file the electronically converted PDF form, not the form which was filled in and saved. Attorney is directed to correct the error by refiling the correct document. DOCKET ANNOTATION AS TO CERTIFICATE OF SERVICE: This document is not accompanied by a certificate of service. A certificate of service must be attached to a document [Administrative Procedures for Electronic Case Filing, Sec. 4.A.1, Sec. 4.B, and Fed.R.Civ.P. Rule 5(d)(1)]. (LDR)	Sept. 16, 2014	Sept. 16, 2014 PACER
	Docket Annotation	Sept. 16, 2014	Sept. 16, 2014 PACER
20	NOTICE of Appearance by Joi L. Owens on behalf of Disability Rights Mississippi (Owens, Joi) (Entered: 09/16/2014)	Sept. 16, 2014	Sept. 16, 2014 PACER
21	JUDGMENT OF DISMISSAL, parties reached a compromise and settlement of all pending claims; case is dismissed without prejudice as to all parties. Signed by District Judge Keith Starrett on 3/31/2015 (LDR) (Entered: 03/31/2015)	March 31, 2015	March 31, 2015 Clearinghouse
22	MOTION to Withdraw as Attorney by Disability Rights Mississippi (Owens, Jody) (Entered: 12/23/2019)	Dec. 23, 2019	Dec. 23, 2019 PACER
23	NOTICE of Appearance by Paloma Wu on behalf of Disability Rights Mississippi (Wu, Paloma) (Entered: 12/23/2019)	Dec. 23, 2019	Dec. 23, 2019 Clearinghouse
	Order on Motion to Withdraw as Attorney	Jan. 2, 2020	Jan. 2, 2020 PACER
	TEXT ONLY ORDER granting 22 Motion to Withdraw as Attorney. Attorney Jody E. Owens, II terminated. No further written order will issue. Signed by Magistrate Judge Michael T. Parker on January 2, 2020 (KPM)	Jan. 2, 2020	Jan. 2, 2020 PACER