Case: Disability Rights Mississippi v. Hinds County

3:11-cv-00327 | U.S. District Court for the Southern District of Mississippi

Filed Date: June 1, 2011

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about whether a Protection and Advocacy (P&A) agency can communicate with all individuals in a juvenile detention facility where some individuals with disabilities reside, as well as the substantive conditions in a juvenile detention facility. On June 1, 2011, Disability Rights Mississippi, Mississippi’s P&A, and a putative class of juvenile detention facility residents filed this lawsuit in the U.S. District Court for the Southern District of Mississippi. They filed this lawsuit…

This is a case about whether a Protection and Advocacy (P&A) agency can communicate with all individuals in a juvenile detention facility where some individuals with disabilities reside, as well as the substantive conditions in a juvenile detention facility. On June 1, 2011, Disability Rights Mississippi, Mississippi’s P&A, and a putative class of juvenile detention facility residents filed this lawsuit in the U.S. District Court for the Southern District of Mississippi. They filed this lawsuit against Hinds County (Hinds), Mississippi under Developmental Disabilities Assistance and Bill of Rights Act (DD Act), the Protection and Advocacy of Individual Rights Act (PAIR Act), and the Protection and Advocacy for Individuals with Mental Illness Act (PAIMI Act), as well as substantive rights claims under 42 U.S.C. § 1983. Represented by itself, Disability Rights Mississippi sought injunctive relief that they could interview all individuals in a Hinds operated facility as part of its monitoring authority in part to determine whether they had a disability. Judge Daniel Porter Jordan III presided over this matter. 

Disability Rights Mississippi joined a class action claim alleging that the Hinds facility violated residents’ rights, including access to communication with Disability Rights Mississippi. Disability Rights Mississippi and the facility disputed whether they could communicate with residents that the facility did not identify persons with disabilities. On July 25, 2011, the court granted Disability Rights Mississippi’s Motion for Preliminary Injunction. The court found that under Disability Rights Mississippi could speak to any facility resident. They rejected Hinds’s arguments that Disability Rights Mississippi could only speak to individuals without a disability if they had information on a particular incident under investigation. Additionally, the court found that Disability Rights Mississippi did not need conclusive evidence that individuals have a disability before commencing any communication or services because part of a P&A’s function included identifying individuals with disabilities. In January 2012, the parties reached a settlement agreement entered by consent order that stipulated Disability Rights Mississippi could interview all facility residents. 

The consent decree was extended in April 2014, March 2016, March 2018, April 2019, and April 2021, with amendments in March 2016 and April 2019. However, the agreement’s language on Disability Rights Mississippi’s access authority remained unchanged. The parties have disputed provisions of the consent order on other grounds. In October 2022, the court terminated the third amended consent order. However, the case remains active with respect to the plaintiffs' claims of continuing constitutional violations at the facility.

Summary Authors

NDRN (12/20/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5009989/parties/jh-v-hinds-county-mississippi/


Judge(s)
Attorney for Plaintiff

Bamzai, Vidhi (Mississippi)

Bardwell, William B. (Mississippi)

Bedi, Sheila A. (Mississippi)

Carroll, Vanessa Judith (Mississippi)

Attorney for Defendant

Anderson, Garrett Alan (Mississippi)

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Documents in the Clearinghouse

Document
1

3:11-cv-00327

Complaint for Injunctive and Declaratory Relief

J.H. v. Hinds County

June 1, 2011

June 1, 2011

Complaint
4

3:11-cv-00327

Memorandum of Law in Support of Plaintiff's Motion for Class Certification

J.H. v. Hinds County

June 1, 2011

June 1, 2011

Pleading / Motion / Brief
3

3:11-cv-00327

Plaintiff's Motion for Class Certification

J.H. v. Hinds County

June 1, 2011

June 1, 2011

Pleading / Motion / Brief
6

3:11-cv-00327

Amended Complaint for Injunctive and Declaratory Relief

June 6, 2011

June 6, 2011

Complaint
20

3:11-cv-00327

Order

J.H. v. Hinds County

July 25, 2011

July 25, 2011

Order/Opinion

2011 WL 2011

24

3:11-cv-00327

Preliminary Injunction Order

Sept. 12, 2011

Sept. 12, 2011

Order/Opinion
27

3:11-cv-00327

Plaintiff's Motion for Preliminary Approval of Proposed Agreement, to Set a Date for a Fairness Hearing. and to Certify a Settlement Class

Jan. 20, 2012

Jan. 20, 2012

Pleading / Motion / Brief
32

3:11-cv-00327

Agreed Order Granting Approval of Settlement Agreement and Certifying a Settlement Class

March 28, 2012

March 28, 2012

Order/Opinion
35

3:11-cv-00327

The First Monitor’s Report Henley-Young Juvenile Justice Leonard B. Dixon

J.H. v. Hinds County

Aug. 15, 2012

Aug. 15, 2012

Monitor/Expert/Receiver Report
37

3:11-cv-00327

The Second Monitor’s Report Henley-Young Juvenile Justice Leonard B. Dixon

J.H. v. Hinds County

Dec. 13, 2012

Dec. 13, 2012

Monitor/Expert/Receiver Report

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5009989/jh-v-hinds-county-mississippi/

Last updated April 28, 2024, 3:01 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Hinds County, Mississippi (Filing fee $ 350.00 receipt number 34643010067), filed by J.H.. (Attachments: # 1 Civil Cover Sheet)(SEC) (Entered: 06/01/2011)

1 Civil Cover Sheet

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June 1, 2011

June 1, 2011

Clearinghouse
2

Summons Issued as to Hinds County, Mississippi. (SEC) (Entered: 06/01/2011)

June 1, 2011

June 1, 2011

PACER
3

MOTION to Certify Class by J.H. (Cockrell, Corrie) (Entered: 06/01/2011)

June 1, 2011

June 1, 2011

Clearinghouse
4

MEMORANDUM in Support re 3 MOTION to Certify Class filed by J.H. (Attachments: # 1 Exhibit Bedi Declaration, # 2 Exhibit Gray Declaration)(Cockrell, Corrie) (Entered: 06/01/2011)

1 Exhibit Bedi Declaration

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2 Exhibit Gray Declaration

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June 1, 2011

June 1, 2011

Clearinghouse
5

SUMMONS Returned Executed by J.H. Hinds County, Mississippi served on 6/1/2011, answer due 6/22/2011. (Juneja, Poonam) (Entered: 06/01/2011)

June 1, 2011

June 1, 2011

PACER

Docket Annotation

June 2, 2011

June 2, 2011

PACER

DOCKET ANNOTATION as to #4: L.U.Civ.R.7(b)(2) 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. (SEC)

June 2, 2011

June 2, 2011

PACER
6

AMENDED COMPLAINT against Hinds County, Mississippi, filed by J.H.. (Attachments: # 1 Exhibit A -DRMS agreements, # 2 Exhibit B - MOU, # 3 Exhibit C - email re denial of access, # 4 Exhibit D- email re denial of access to retained clients, # 5 Exhibit E - 2009 memo, # 6 Exhibit F - 2011 memo)(Cockrell, Corrie) (Entered: 06/06/2011)

1 Exhibit A -DRMS agreements

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2 Exhibit B - MOU

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3 Exhibit C - email re denial of access

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4 Exhibit D- email re denial of access to retained clients

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5 Exhibit E - 2009 memo

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6 Exhibit F - 2011 memo

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June 6, 2011

June 6, 2011

Clearinghouse
7

MOTION for Preliminary Injunction by J.H. (Attachments: # 1 Exhibit A - DRMS agreements, # 2 Exhibit B - memos, # 3 Exhibit C - access orders)(Cockrell, Corrie) (Entered: 06/06/2011)

1 Exhibit A - DRMS agreements

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2 Exhibit B - memos

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3 Exhibit C - access orders

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June 6, 2011

June 6, 2011

PACER
8

MEMORANDUM in Support re 7 MOTION for Preliminary Injunction filed by J.H. (Attachments: # 1 Exhibit A - access Haco, # 2 Exhibit B - access Laco, # 3 Exhibit C - Forrest, # 4 Exhibit D - MOU BOS, # 5 Exhibit E - Jed decla, # 6 Exhibit F - memo of cooperation, # 7 Exhibit G - Dana email)(Cockrell, Corrie) (Entered: 06/07/2011)

1 Exhibit A - access Haco

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2 Exhibit B - access Laco

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3 Exhibit C - Forrest

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4 Exhibit D - MOU BOS

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5 Exhibit E - Jed decla

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6 Exhibit F - memo of cooperation

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7 Exhibit G - Dana email

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June 6, 2011

June 6, 2011

PACER
9

NOTICE of Appearance by Lisa Mishune Ross on behalf of Hinds County, Mississippi (Ross, Lisa) (Entered: 06/08/2011)

June 8, 2011

June 8, 2011

PACER

Set Motion and R&R Deadlines/Hearings

June 14, 2011

June 14, 2011

PACER

Set/Reset Deadlines as to 7 MOTION for Preliminary Injunction. Motion Hearing set for June 17, 2011 at 3:00 PM in Courtroom 5A (Jackson) before District Judge Daniel P. Jordan III. Please note that this hearing will be held at the new Jackson Federal Courthouse, 501 East Court Street, Courtroom 5A East, Jackson, Mississippi. (SP)

June 14, 2011

June 14, 2011

PACER
10

Subpoena Returned executed as to Tony Best. (Cockrell, Corrie) (Entered: 06/16/2011)

June 16, 2011

June 16, 2011

PACER

Motion Hearing

June 17, 2011

June 17, 2011

PACER

Minute Entry for proceedings held before District Judge Daniel P. Jordan III: Motion Hearing held on June 17, 2011 re 7 MOTION for Preliminary Injunction filed by J.H. The parties have until June 24, 2011 to submit their briefs to the Court regarding the issues discussed in Court. Court Reporter Cherie Bond (601) 608-4186. (SP)

June 17, 2011

June 17, 2011

PACER
11

Response in Support re 7 MOTION for Preliminary Injunction by J.H. (Attachments: # 1 Exhibit A - DRMS agreements, # 2 Exhibit B - memos, # 3 Exhibit C - access orders)(Cockrell, Corrie) filed by Disability Rights Mississippi (Attachments: # 1 Exhibit Exhibit A Transcript of PI Hearing, # 2 Exhibit Exhibit B Mental Health Report, # 3 Exhibit Exhibit C HY June 2 Roster, # 4 Exhibit Exhibit D HY June 23 and 24 Roster, # 5 Exhibit Exhibit E E-mail exchange between L. Ross and J. Owens, # 6 Exhibit Exhibit F Monitoring Reports)(Cockrell, Corrie) (Entered: 06/24/2011)

1 Exhibit Exhibit A Transcript of PI Hearing

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2 Exhibit Exhibit B Mental Health Report

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3 Exhibit Exhibit C HY June 2 Roster

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4 Exhibit Exhibit D HY June 23 and 24 Roster

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5 Exhibit Exhibit E E-mail exchange between L. Ross and J. Owens

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6 Exhibit Exhibit F Monitoring Reports

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June 24, 2011

June 24, 2011

PACER
12

RESPONSE in Opposition re 7 MOTION for Preliminary Injunction filed by Hinds County, Mississippi (Attachments: # 1 Exhibit A-Memorandum of Understanding, # 2 Exhibit B-Agreed Order, # 3 Exhibit C-Agreed Order, # 4 Exhibit D-Agreed Order, # 5 Exhibit E-Draft copy of Agreed Order, # 6 Exhibit F-E-mail between undersigned and counsel for DRMS)(Ross, Lisa) (Entered: 06/24/2011)

1 Exhibit A-Memorandum of Understanding

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2 Exhibit B-Agreed Order

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3 Exhibit C-Agreed Order

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4 Exhibit D-Agreed Order

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5 Exhibit E-Draft copy of Agreed Order

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6 Exhibit F-E-mail between undersigned and counsel for DRMS

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June 24, 2011

June 24, 2011

PACER
13

REPLY to Response to Motion re 12 Response in Opposition to Motion, filed by Disability Rights Mississippi (Attachments: # 1 Exhibit Exhibit A - Harrison County Agreed Order, # 2 Exhibit Exhibit B - Lauderdale County Agreed Order, # 3 Exhibit Exhibit C - M. Gillum Declaration, # 4 Exhibit Exhibit D - E. Johnson Declaration, # 5 Exhibit Exhibit E - Forrest County Agreed Order)(Cockrell, Corrie) (Entered: 06/28/2011)

1 Exhibit Exhibit A - Harrison County Agreed Order

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2 Exhibit Exhibit B - Lauderdale County Agreed Order

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3 Exhibit Exhibit C - M. Gillum Declaration

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4 Exhibit Exhibit D - E. Johnson Declaration

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5 Exhibit Exhibit E - Forrest County Agreed Order

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June 28, 2011

June 28, 2011

PACER
14

ANSWER to 6 Amended Complaint, by Hinds County, Mississippi.(Ross, Lisa) (Entered: 06/29/2011)

June 29, 2011

June 29, 2011

PACER
15

NOTICE of Appearance by Vanessa Judith Carroll on behalf of All Plaintiffs (Carroll, Vanessa) (Entered: 06/30/2011)

June 30, 2011

June 30, 2011

PACER
16

Emergency MOTION for Declaratory Judgment by Hinds County, Mississippi (Ross, Lisa) (Entered: 07/08/2011)

July 8, 2011

July 8, 2011

PACER

Docket Annotation

July 8, 2011

July 8, 2011

PACER

DOCKET ANNOTATION as to #16: Exhibits and document filed together as one document: Exhibits should be scanned separately and docketed as properly identified attachments to the main document within the same docket entry. Attorney is directed to refile this document. (SEC) ).

July 8, 2011

July 8, 2011

PACER
17

Emergency MOTION for Declaratory Judgment by Hinds County, Mississippi (Attachments: # 1 Exhibit A- Judge William Skinner's Order Regarding Access dated July 1, 2011, # 2 Exhibit B-Judge Keith Starrett's Order dated June 13, 2011 Judg, # 3 Exhibit C-Orders Regarding Access)(Ross, Lisa) (Entered: 07/08/2011)

1 Exhibit A- Judge William Skinner's Order Regarding Access dated July 1, 20

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2 Exhibit B-Judge Keith Starrett's Order dated June 13, 2011 Judg

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3 Exhibit C-Orders Regarding Access

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July 8, 2011

July 8, 2011

PACER
18

RESPONSE to Motion re 17 Emergency MOTION for Declaratory Judgment filed by Disability Rights Mississippi, J.H. (Cockrell, Corrie) (Entered: 07/15/2011)

July 15, 2011

July 15, 2011

PACER
19

NOTICE of Filing Declarations by Disability Rights Mississippi, J.H. re 13 Reply to Response to Motion, (Attachments: # 1 Exhibit Exhibit A Declaration of Oppenheim, # 2 Exhibit Exhibit B Declaration of Jaber, # 3 Exhibit Exhibit C Declaration of Gillum, # 4 Exhibit Exhibit D Redacted HY visit list)(Cockrell, Corrie) (Entered: 07/15/2011)

1 Exhibit Exhibit A Declaration of Oppenheim

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2 Exhibit Exhibit B Declaration of Jaber

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3 Exhibit Exhibit C Declaration of Gillum

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4 Exhibit Exhibit D Redacted HY visit list

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July 15, 2011

July 15, 2011

PACER

Set/Reset Hearings

July 20, 2011

July 20, 2011

PACER

Set/Reset Hearings: Telephonic Status Conference set for July 21, 2011 at 8:30 AM before District Judge Daniel P. Jordan III. (SP)

July 20, 2011

July 20, 2011

PACER

Status Conference

July 21, 2011

July 21, 2011

PACER

Minute Entry for proceedings held before District Judge Daniel P. Jordan III: Telephonic Status Conference held on July 21, 2011. (SP)

July 21, 2011

July 21, 2011

PACER
20

ORDER granting 7 Motion for Preliminary Injunction; granting 17 Motion for Declaratory Judgment as set out in the order. The parties are instructed to draft a preliminary injunction order consistent with this Order. If the parties cannot agree, then they should submit a proposed order that identifies areas of agreement and impasse. Defendant is hereby enjoined from complying with all state court orders that interfere with, contradict, or conflict with this Order and are hereby enjoined from enforcement of same. Such orders include, but are not limited to, the Youth Court Order. Signed by District Judge Daniel P. Jordan III on July 25, 2011. (SP) (Entered: 07/25/2011)

July 25, 2011

July 25, 2011

Clearinghouse
21

Rule 16(a) Initial Order Telephonic Case Management Conference set for 8/22/2011 02:00 PM before Magistrate Judge F. Keith Ball. (JEJ) (Entered: 07/26/2011)

July 26, 2011

July 26, 2011

PACER
22

MOTION to Withdraw as Attorney by Disability Rights Mississippi, J.H. (Juneja, Poonam) (Entered: 07/28/2011)

July 28, 2011

July 28, 2011

PACER
23

ORDER granting 22 Motion to Withdraw as Attorney. Attorney Poonam Juneja terminated Signed by Magistrate Judge F. Keith Ball on 8/8/11 (dfk) (Entered: 08/08/2011)

Aug. 8, 2011

Aug. 8, 2011

PACER

Telephonic Case Management Conference

Aug. 23, 2011

Aug. 23, 2011

PACER

Minute Entry for proceedings held before Magistrate Judge F. Keith Ball: Telephonic Case Management Conference held on 8/23/2011. (JEJ)

Aug. 23, 2011

Aug. 23, 2011

PACER

Order

Aug. 24, 2011

Aug. 24, 2011

PACER

TEXT ONLY ORDER. This case came before the undersigned for a telephonic case management conference (TCMC) on 8/23/2011. Appearing for the TCMC were: Jody E. Owens, II, counsel for plaintiffs, and Lisa M. Ross, counsel for defendant. During the TCMC, counsel agreed that an early settlement conference before the undersigned would be beneficial to the parties. Counsel are instructed to contact the undersigned's chambers at 601-608-4460 and schedule a settlement conference through Courtroom Deputy Jackie Jones. If this case cannot be resolved at the settlement conference, a case management order (CMO) will be entered at that time. NO FURTHER WRITTEN ORDER SHALL ISSUE FROM THE COURT. Signed by Magistrate Judge F. Keith Ball on 8/24/11 (JEJ)

Aug. 24, 2011

Aug. 24, 2011

PACER

Set/Reset Hearings

Aug. 26, 2011

Aug. 26, 2011

PACER

Set/Reset Hearings: Telephonic Status Conference set for August 30, 2011 at 10:00 AM before District Judge Daniel P. Jordan III. (SP)

Aug. 26, 2011

Aug. 26, 2011

PACER

Set/Reset Hearings

Aug. 29, 2011

Aug. 29, 2011

PACER

Set/Reset Hearings: Telephonic Status Conference set for 9/1/2011 10:00 AM before District Judge Daniel P. Jordan III. (EH)

Aug. 29, 2011

Aug. 29, 2011

PACER

Status Conference

Sept. 1, 2011

Sept. 1, 2011

PACER

Minute Entry for proceedings held before District Judge Daniel P. Jordan III: Telephonic Status Conference held on September 1, 2011. The parties are to submit an agreed order or supporting documentation on their position no later than Friday, September 9, 2011. (SP)

Sept. 1, 2011

Sept. 1, 2011

PACER

Set/Reset Hearings

Sept. 2, 2011

Sept. 2, 2011

PACER

Set Hearing: Settlement Conference set for 10/31/2011 09:00 AM before Magistrate Judge F. Keith Ball. (JEJ)

Sept. 2, 2011

Sept. 2, 2011

PACER

Set/Reset Hearings

Sept. 8, 2011

Sept. 8, 2011

PACER

Reset Hearing: Settlement Conference RESET for 9/27/2011 02:00 PM before Magistrate Judge F. Keith Ball. (JEJ)

Sept. 8, 2011

Sept. 8, 2011

PACER
24

PRELIMINARY INJUNCTION ORDER: Having heard the testimony and documentary evidence offered by the parties with respect to Plaintiff Disability Rights Mississippi's Motion for Preliminary Injunction 7, and the Motion for Declaratory Judgment 17 filed by Defendant Hinds County, Mississippi, the Court finds that both Motions should be granted. Signed by District Judge Daniel P. Jordan III on September 12, 2011.(SP) (Entered: 09/12/2011)

Sept. 12, 2011

Sept. 12, 2011

Clearinghouse

Settlement Conference

Sept. 27, 2011

Sept. 27, 2011

PACER

Minute Entry for proceedings held before Magistrate Judge F. Keith Ball: Settlement Conference held on 9/27/2011. This case did not settle. (JEJ)

Sept. 27, 2011

Sept. 27, 2011

PACER

Set/Reset Hearings

Sept. 29, 2011

Sept. 29, 2011

PACER

Set Hearing: Telephonic Status Conference set for 10/4/2011 01:00 PM before Magistrate Judge F. Keith Ball. (JEJ)

Sept. 29, 2011

Sept. 29, 2011

PACER
25

CASE MANAGEMENT ORDER. Disclosure due by 10/7/2011; Motions for Amended Pleadings due by 10/27/2011; Motions for Joinder of Parties due by 10/27/2011; Designate Experts Plaintiff Deadline due by 1/18/2012; Designate Experts for Defendant Deadline due by 2/17/2012; Discovery due by 4/17/2012; Motions due by 5/1/2012; EARLY FILING OF MOTIONS 1/9/12; EARLY Settlement Conference set for 11/7/2011 01:30 PM before Magistrate Judge F. Keith Ball; Pretrial Conference set for 9/7/2012, time to be determined, in Courtroom 5A (Jackson) Jordan before District Judge Daniel P. Jordan III; Bench Trial set for a two-week term of Court beginning 10/1/2012 09:00 AM in Courtroom 5A (Jackson) Jordan before District Judge Daniel P. Jordan III; ADDITIONAL Settlement Conference set for 4/4/2012 09:00 AM before Magistrate Judge F. Keith Ball. Signed by Magistrate Judge F. Keith Ball on 9/29/11. (JEJ) (Entered: 09/29/2011)

Sept. 29, 2011

Sept. 29, 2011

PACER

Status Conference

Oct. 4, 2011

Oct. 4, 2011

PACER

Minute Entry for proceedings held before Magistrate Judge F. Keith Ball: Telephonic Status Conference held on 10/4/2011. (JEJ)

Oct. 4, 2011

Oct. 4, 2011

PACER

Set/Reset Hearings

Oct. 5, 2011

Oct. 5, 2011

PACER

Set/Reset Hearings: EARLY Settlement Conference set for 10/17/2011 09:00 AM before Magistrate Judge F. Keith Ball; ADDITIONAL Settlement Conference set for 11/7/2011 01:30 PM before Magistrate Judge F. Keith Ball; ADDITIONAL Settlement Conference set for 4/4/2012 09:00 AM before Magistrate Judge F. Keith Ball. (JEJ)

Oct. 5, 2011

Oct. 5, 2011

PACER
26

NOTICE of Service of Disclosure by Disability Rights Mississippi, J.H. (Cockrell, Corrie) (Entered: 10/07/2011)

Oct. 7, 2011

Oct. 7, 2011

PACER

Settlement Conference

Oct. 17, 2011

Oct. 17, 2011

PACER

Minute Entry for proceedings held before Magistrate Judge F. Keith Ball: Settlement Conference held on 10/17/2011. This case did not settle. (JEJ)

Oct. 17, 2011

Oct. 17, 2011

PACER

Order

Oct. 18, 2011

Oct. 18, 2011

PACER

TEXT ONLY ORDER. This case came before the undersigned for a settlement conference on 10/17/2011. Counsel are instructed to confer and attempt to reach agreements on the following: (1) final terms of a consent decree; (2) the selection of an independent monitor; (3) an arrangement for payment of the independent monitor; and (4) attorneys' fees. This matter is set for a telephonic STATUS CONFERENCE on October 31, 2011, at 10:00 a.m. at which time the parties shall advise the undersigned of the status of reaching agreements on the above-listed items. Further, the undersigned instructs that, if the parties intend to enter a consent decree, it shall be finalized and entered by November 16, 2011. NO FURTHER WRITTEN ORDER SHALL ISSUE FROM THE COURT. Signed by Magistrate Judge F. Keith Ball on 10/18/11. (JEJ)

Oct. 18, 2011

Oct. 18, 2011

PACER

Set/Reset Hearings

Oct. 18, 2011

Oct. 18, 2011

PACER

Set Hearing: Telephonic Status Conference set for 10/31/2011 10:00 AM before Magistrate Judge F. Keith Ball. (JEJ)

Oct. 18, 2011

Oct. 18, 2011

PACER

Set/Reset Hearings

Oct. 31, 2011

Oct. 31, 2011

PACER

Set/Reset Hearing: Telephonic Status Conference RESET for 11/1/2011 09:00 AM before Magistrate Judge F. Keith Ball. (JEJ)

Oct. 31, 2011

Oct. 31, 2011

PACER

Status Conference

Nov. 1, 2011

Nov. 1, 2011

PACER

Minute Entry for proceedings held before Magistrate Judge F. Keith Ball: Telephonic Status Conference held on 11/1/2011. (JEJ)

Nov. 1, 2011

Nov. 1, 2011

PACER

Set/Reset Hearings

Nov. 1, 2011

Nov. 1, 2011

PACER

Set/Reset Hearing: Telephonic Status Conference set for 11/4/2011 08:00 AM before Magistrate Judge F. Keith Ball. Plaintiff's counsel shall initiate the call. (JEJ)

Nov. 1, 2011

Nov. 1, 2011

PACER

Status Conference

Nov. 4, 2011

Nov. 4, 2011

PACER

Minute Entry for proceedings held before Magistrate Judge F. Keith Ball: Status Conference held on 11/4/2011. (JEJ)

Nov. 4, 2011

Nov. 4, 2011

PACER

Order

Nov. 4, 2011

Nov. 4, 2011

PACER

TEXT-ONLY ORDER. This case came before the undersigned for a status conference on 11/4/2011. After conferring with counsel, the Court orders the following: Defendant shall submit to Plaintiffs' counsel its proposed revisions to the proposed settlement agreement by 11/9/2011. No later than 11/17/2011, counsel shall meet in person and confer in an attempt to reach final terms of a settlement agreement. This matter is set for a telephonic STATUS CONFERENCE on 11/18/2011, at 8:00 a.m. If a settlement has not been reached by 11/18/2011, this case will be set for a settlement conference. NO FURTHER WRITTEN ORDER SHALL ISSUE FROM THE COURT. Signed by Magistrate Judge F. Keith Ball on 11/4/11. (JEJ)

Nov. 4, 2011

Nov. 4, 2011

PACER

Set/Reset Hearings

Nov. 4, 2011

Nov. 4, 2011

PACER

Set/Reset Hearing: Telephonic Status Conference set for 11/18/2011 08:00 AM before Magistrate Judge F. Keith Ball. (JEJ)

Nov. 4, 2011

Nov. 4, 2011

PACER

Notice (Other)

Nov. 4, 2011

Nov. 4, 2011

PACER

NOTICE OF CANCELLATION of settlement conference set for November 7, 2011. (JEJ)

Nov. 4, 2011

Nov. 4, 2011

PACER

Status Conference

Nov. 18, 2011

Nov. 18, 2011

PACER

Minute Entry for proceedings held before Magistrate Judge F. Keith Ball: Telephonic Status Conference held on 11/18/2011. (JEJ)

Nov. 18, 2011

Nov. 18, 2011

PACER

Set/Reset Hearings

Nov. 21, 2011

Nov. 21, 2011

PACER

Set/Reset Hearing: Telephonic Status Conference set for 12/9/2011 08:30 AM before Magistrate Judge F. Keith Ball. Plaintiff's counsel shall initiate the call. (JEJ)

Nov. 21, 2011

Nov. 21, 2011

PACER

Status Conference

Dec. 9, 2011

Dec. 9, 2011

PACER

Minute Entry for proceedings held before Magistrate Judge F. Keith Ball: Telephonic Status Conference held on 12/9/2011. (JEJ)

Dec. 9, 2011

Dec. 9, 2011

PACER

Set/Reset Hearings

Dec. 9, 2011

Dec. 9, 2011

PACER

Set/Reset Hearings: Settlement Conference set for 12/20/2011 09:00 AM before Magistrate Judge F. Keith Ball. (JEJ)

Dec. 9, 2011

Dec. 9, 2011

PACER

Settlement Conference

Dec. 20, 2011

Dec. 20, 2011

PACER

Minute Entry for proceedings held before Magistrate Judge F. Keith Ball: Settlement Conference held on 12/20/2011. (JEJ)

Dec. 20, 2011

Dec. 20, 2011

PACER
27

MOTION for Settlement for Preleminary Approval of Proposed Agreement To Set A Date For A Fairness Hearing and to Certify a Settlement Class by Disability Rights Mississippi, J.H. (Attachments: # 1 Exhibit "A" Settlement Agreement, # 2 Exhibit "B" Notice to Future Class Members, # 3 Exhibit "C" Proposed Order Granting Preliminary Approval of Proposed Agreement, Setting Date for Fairness Hearing and Certifying A Settlement Class)(Cockrell, Corrie) (Entered: 01/20/2012)

1 Exhibit "A" Settlement Agreement

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2 Exhibit "B" Notice to Future Class Members

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3 Exhibit "C" Proposed Order Granting Preliminary Approval of Proposed A

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Jan. 20, 2012

Jan. 20, 2012

Clearinghouse

Set Motion and R&R Deadlines/Hearings

Jan. 30, 2012

Jan. 30, 2012

PACER

Set/Reset Deadlines as to 27 MOTION for Settlement for Preleminary Approval of Proposed Agreement To Set A Date For A Fairness Hearing and to Certify a Settlement Class. Motion Fairness Hearing set for February 29, 2012 at 1:30 PM in Courtroom 5A (Jackson) Jordan before District Judge Daniel P. Jordan III. (SP)

Jan. 30, 2012

Jan. 30, 2012

PACER

Motion Hearing

Feb. 29, 2012

Feb. 29, 2012

PACER

Minute Entry for proceedings held before District Judge Daniel P. Jordan III: Motion Hearing held on February 29, 2012 re 27 MOTION for Settlement for Preleminary Approval of Proposed Agreement To Set A Date For A Fairness Hearing and to Certify a Settlement Class. The parties are to submit a preliminary order to the Court. A final hearing will be held on March 23, 2012 at 1:30 pm. Court Reporter Cherie Bond (601) 608-4186. (SP)

Feb. 29, 2012

Feb. 29, 2012

PACER
28

EXHIBIT LIST by Disability Rights Mississippi, J.H.(SP) (Entered: 02/29/2012)

Feb. 29, 2012

Feb. 29, 2012

PACER
29

EXHIBIT P1 by Disability Rights Mississippi, J.H. (SP) (Entered: 02/29/2012)

Feb. 29, 2012

Feb. 29, 2012

PACER
30

EXHIBIT P2 by Disability Rights Mississippi, J.H. (SP) (Entered: 02/29/2012)

Feb. 29, 2012

Feb. 29, 2012

PACER
31

ORDER granting 27 Motion for Settlement for the reasons set out in the order. The Court will hold a fairness hearing on March 23, 2012 at 1:30 p.m. If the judge decides that the proposed Settlement Agreement is fair, adequate, and reasonable to the class, the proposed Settlement Agreement will become final. Class certification is granted for settlement purposes only. The settlement class shall be comprised of all children who are currently, or who will in the future, be confined at the Henley-Young Juvenile Justice Center. Signed by District Judge Daniel P. Jordan III on March 5, 2012. (SP) (Entered: 03/05/2012)

March 5, 2012

March 5, 2012

PACER

Set/Reset Hearings

March 20, 2012

March 20, 2012

PACER

Case Details

State / Territory: Mississippi

Case Type(s):

Disability Rights

Key Dates

Filing Date: June 1, 2011

Closing Date: Oct. 13, 2022

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

P&A as plaintiff and individuals seeking to represent class

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Hinds County, County

Case Details

Causes of Action:

42 U.S.C. § 1983

Developmental Disabilities Assistance and Bill of Rights Act, 42 U.S.C. § 15001 et seq.

Protection and Advocacy for Individuals with Mental Illness (PAIMI) Act, 42 U.S.C. § 10801

Protection and Advocacy of Individual Rights (PAIR), 29 U.S.C. § 794e

Constitutional Clause(s):

Cruel and Unusual Punishment

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Preliminary relief granted

Issues

General/Misc.:

Juveniles

Records Disclosure

Disability and Disability Rights:

disability, unspecified

P&A access authority

P&A Associational Standing