Case: U.S. v. Mississippi

3:94-cv-00115 | U.S. District Court for the Southern District of Mississippi

Filed Date: March 9, 1994

Closed Date: 1999

Clearinghouse coding complete

Case Summary

On July 23, 1990, the United States Department of Justice (DOJ) instituted an investigation into the conditions of confinement at the Boswell Retardation Center in Sanitorium, Mississippi, pursuant to the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997. The investigation was instituted due to concerns that the constitutional rights of the residents at Boswell were being violated by inadequate staffing, abuse, neglect, misuse of restraints, inadequate record-keeping, and…

On November 21, 1991, the DOJ issued a findings letter to the State of Mississippi, informing the governor that their investigation had revealed unconstitutional conditions at Boswell, including undue restraint on residents, inadequate staffing, inadequate psychiatric care, poor record-keeping, and a physical environment which threatens the health and safety of residents.

On March 9, 1994, the DOJ filed a lawsuit against the State of Mississippi under 42 U.S.C. § 1997 in the U.S. District Court for the Southern District of Mississippi. The complaint alleged that the defendants were violating the constitutional rights of the residents at Boswell. On March 10, 1994, the District Court (Judge Tom S. Lee) adopted an agreed order filed jointly by the parties to the lawsuit.

On March 31, 1999, the parties filed a joint motion for dismissal. The District Court (Judge Lee) granted the motion and dismissed the case.

Summary Authors

Kristen Sagar (3/21/2007)

People

Judge(s)

Lee, Tom Stewart (Mississippi)

Attorney for Plaintiff

Deutsch, David (District of Columbia)

Dunne, John R. (District of Columbia)

Lynn, Daniel E. (District of Columbia)

Attorney for Defendant

Moore, Mike (Mississippi)

Judge(s)

Lee, Tom Stewart (Mississippi)

Attorney for Plaintiff

Deutsch, David (District of Columbia)

Dunne, John R. (District of Columbia)

Lynn, Daniel E. (District of Columbia)

Peabody, Arthur E. Jr. (District of Columbia)

Phillips, George L. (District of Columbia)

Reno, Janet (District of Columbia)

Turner, James P. (District of Columbia)

Attorney for Defendant

Moore, Mike (Mississippi)

Thweatt, Carol F. (Mississippi)

Documents in the Clearinghouse

Documents in this case

3:94-cv-00115	Docket (PACER)	March 31, 1999	March 31, 1999 Docket
3:94-cv-00115	Notice Letter re: CRIPA Investigation of Boswell Retardation Center, Sanatorium, Mississippi No Court	July 23, 1990	July 23, 1990 Notice of Investigation or Suit/Demand Letter
	Findings Letter re: CRIPA Investigation of Boswell Retardation Center, Sanatorium, Mississippi No Court	Nov. 21, 1991	Nov. 21, 1991 Findings Letter/Report
1 3:94-cv-00115	Agreed Order	March 9, 1994	March 9, 1994 Order/Opinion
1 3:94-cv-00115	Complaint	March 9, 1994	March 9, 1994 Complaint

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Docket

Last updated March 28, 2025, 8:07 a.m.

ECF Number	Date	Description	Link
1	March 9, 1994	COMPLAINT Filing Fee waived ; (lwe) (Entered: 03/09/1994)	PACER
	March 9, 1994	Magistrate Judge Assignment - Alfred G. Nicols, Jr. (lwe) (Entered: 03/09/1994)	PACER
2	March 10, 1994	AGREED ORDER: The parties to this action having agreed to the provisions in the Agreed Order set forth, and the Court being advised in the premises, this Agreed Order is hereby entered as the ORDER and JUDGMENT of this Court. ( signed by Judge Tom S. Lee ); copies mailed. (csf) Modified on 09/07/1994 (Entered: 03/14/1994)	PACER
	March 10, 1994	Boswell Retardation Center Plan of Implementation - 1994 - One volume. (csf) (Entered: 03/14/1994)	PACER
	March 10, 1994	Case closed. (csf) (Entered: 03/14/1994)	PACER
3	Sept. 6, 1994	MOTION by movant MS Protection System, movant Glen Allen Porter, movant Thomas W. Talkington to Vacate [2-1] order (an) (Entered: 09/07/1994)	PACER
4	Sept. 16, 1994	NOTICE of motion to vacate consent decree before Judge Tom S. Lee by movant MS Protection System, movant Glen Allen Porter, movant Thomas W. Talkington (spc) (Entered: 09/16/1994)	PACER
5	Sept. 29, 1994	JOINT MOTION by plaintiff United States, defendant State of Mississippi to Extend Time to respond to Motion to Vacate Consent Decree (fe) (Entered: 09/30/1994)	PACER
6	Sept. 29, 1994	ORDER granting [5-1] joint motion to Extend Time to respond to Motion to Vacate Consent Decree, Response to Motion reset to 10/15/94 for [3- 1] motion to Vacate [2-1] order ( signed by Judge Tom S. Lee ); copies mailed. (fe) (Entered: 09/30/1994)	PACER
7	Oct. 3, 1994	Notice of Service of First Set of Interrogatories by movant MS Protection System to all defendants. (sec) (Entered: 10/04/1994)	PACER
8	Oct. 3, 1994	FIRST REQUEST for Admissions by movant MS Protection System to defendant State of Mississippi, defendant Kirk Fordice, defendant Albert Randel Hendrix, defendant Roger McMurtry, defendant Suzie Lassiter (sec) (Entered: 10/04/1994)	PACER
10	Oct. 11, 1994	Second Quarter Report on the Impllementation of the Agreed Order between the U. S. Department of Justice and Boswell Regional Center by defendant Suzie Lassiter. (sec) (Entered: 10/12/1994)	PACER
11	Oct. 17, 1994	RESPONSE by defendant State of Mississippi, defendant Kirk Fordice, defendant Albert Randel Hendrix, defendant Roger McMurtry, defendant Suzie Lassiter to [3-1] motion to Vacate [2-1] order by movants (lwe) (Entered: 10/18/1994)	PACER
12	Oct. 17, 1994	RESPONSE by plaintiff United States to [3-1] motion to Vacate [2-1] order by movants (lwe) (Entered: 10/19/1994)	PACER
13	Oct. 25, 1994	MOTION by movant MS Protection System to Extend Time to Reply to Defendants' Response (fe) (Entered: 10/28/1994)	PACER
14	Oct. 27, 1994	ORDER granting [13-1] motion to Extend Time to Reply to Defendants' Response, Reply to Response to Motion reset to 11/4/94 for [3-1] motion to Vacate [2-1] order ( signed by Judge Tom S. Lee ); copies mailed. (fe) (Entered: 10/28/1994)	PACER
15	Nov. 7, 1994	RESPONSE by movant MS Protection System in support of [3-1] motion to Vacate [2-1] order by movants (cwl) (Entered: 11/08/1994)	PACER
16	Nov. 23, 1994	Supplemental RESPONSE by plaintiff United States in opposition to [3- 1] motion to Vacate [2-1] order by movants (cwl) (Entered: 11/23/1994)	PACER
17	Jan. 9, 1995	Third Quarterly Report filed by Department of Mental Health. (spc) (Entered: 01/10/1995)	PACER
18	April 10, 1995	REPORT TO THE COURT by Boxwell Regional Center Mississippi Department of Mental Health (thr) (Entered: 04/10/1995)	PACER
19	May 3, 1995	MEMORANDUM OPINION and ORDER denying [3-1] motion to Vacate [2-1] order ( signed by Judge Tom S. Lee ) ;copies mailed. ob: 1995 page: 1115-1119 (thr) (Entered: 05/03/1995)	PACER
20	May 18, 1995	MOTION by movant MS Protection System to Amend [19-1] order (thr) (Entered: 05/18/1995)	PACER
21	June 5, 1995	RESPONSE by defendants State of Mississippi, Kirk Fordice, Albert Randel Hendrix, Roger McMurtry, Suzie Lassiter to [20-1] motion to Amend [19-1] order by movant (thr) (Entered: 06/05/1995)	PACER
22	June 20, 1995	ORDER denying [20-1] motion to Amend [19-1] order ( signed by Judge Tom S. Lee ); copies mailed. (thr) (Entered: 06/20/1995)	PACER
23	July 27, 1995	FIFTH QUARTER REPORT TO THE COURT by Boswell Regional Center Mississippi Department of Mental Health (thr) (Entered: 07/27/1995)	PACER
24	Oct. 24, 1995	SIXTH QUARTER REPORT TO THE COURT by Boswell Regional Center Mississippi Department of Mental Health (thr) (Entered: 10/24/1995)	PACER
25	Jan. 19, 1996	SEVENTH REPORT TO THE COURT by Boswell Regional Center Mississippi Department of Mental Health (thr) (Entered: 01/19/1996)	PACER
26	April 12, 1996	EIGHTH REPORT TO THE COURT by Boswell Regional Center Mississippi Department of Mental Health (thr) (Entered: 04/15/1996)	PACER
27	July 15, 1996	Ninth Quarter REPORT TO THE COURT from Boswell Regional Center. (spc) (Entered: 07/16/1996)	PACER
28	Oct. 16, 1996	Tenth Quarter REPORT TO THE COURT from Boswell Regional Center (thr) (Entered: 10/16/1996)	PACER
29	Jan. 14, 1997	Eleventh Quarter REPORT TO THE COURT by Boswell Regional Center (fe) (Entered: 01/14/1997)	PACER
30	April 21, 1997	Twelfth Quarter REPORT TO THE COURT by Boswell Regional Center (thr) (Entered: 04/21/1997)	PACER
31	July 14, 1997	Thirteenth Quarter REPORT TO THE COURT by Boswell Regional Center (thr) (Entered: 07/15/1997)	PACER
32	Oct. 23, 1997	Thirteenth Ouarter REPORT TO THE COURT by Boswell Regional Center (thr) (Entered: 10/24/1997)	PACER
33	Jan. 27, 1998	STIPULATION as to plaintiff United States, defendant Kirk Fordice, et al, by Judge Tom S. Lee, copies mailed. (thr) Modified on 01/27/1998 (Entered: 01/27/1998)	PACER
34	Jan. 29, 1998	Fifteenth Quarter REPORT TO THE COURT by Boswell Regional Center (thr) (Entered: 01/29/1998)	PACER
35	April 21, 1998	Sixteenth Quarter REPORT TO THE COURT by Boswell Regional Center (thr) (Entered: 04/21/1998)	PACER
36	July 17, 1998	Seventeenth Quarterly REPORT TO THE COURT by Boswell Regional Center (thr) (Entered: 07/20/1998)	PACER
37	Oct. 14, 1998	Eighteenth Quarterly REPORT TO THE COURT by Boswell Retional Center (thr) (Entered: 10/14/1998)	PACER
38	Jan. 20, 1999	Nineteenth Quarterly REPORT TO THE COURT by Boswell Regional Center (thr) (Entered: 01/22/1999)	PACER
39	March 29, 1999	JOINT MOTION by plaintiff United States, defendant Kirk Fordice, et al to Dismiss Order vacating the 3/10/94 Agreed Order (thr) Modified on 03/31/1999 (Entered: 03/30/1999)	PACER
40	March 31, 1999	ORDER granting [39-1] joint motion to Dismiss Order vacating the 3/10/94 Agreed Order. This case is dismissed, the injunction dissolved and jurisdiction of this court is terminated. ( signed by Judge Tom S. Lee ); copies mailed. (thr) (Entered: 03/31/1999)	PACER