Case: Givhan v. Puckett

4:82-cv-00064 | U.S. District Court for the Northern District of Mississippi

Filed Date: March 15, 1982

Closed Date: 2011

Clearinghouse coding complete

Case Summary

On March 15, 1982, Muslim prisoners at the Mississippi State Penitentiary at Parchman filed a class action lawsuit against the Mississippi Department of Corrections under 42 U.S.C. § 1983 in the U.S. District Court for the Northern District of Mississippi, Greenville Division. The plaintiffs, represented by private counsel, asked the court for declaratory and injunctive relief, alleging that conditions of confinement in DOC violated their constitutional rights to religious freedom.On August 17…

On March 15, 1982, Muslim prisoners at the Mississippi State Penitentiary at Parchman filed a class action lawsuit against the Mississippi Department of Corrections under 42 U.S.C. § 1983 in the U.S. District Court for the Northern District of Mississippi, Greenville Division. The plaintiffs, represented by private counsel, asked the court for declaratory and injunctive relief, alleging that conditions of confinement in DOC violated their constitutional rights to religious freedom.

On August 17, 1982, the Magistrate Judge (Judge unknown), having previously consolidated the case with others, certified the consolidated causes as a class action.

On March 8, 1983, the Magistrate Judge issued a report and recommendation and, on April 4, 1983, the District Court (Judge W.C. Keady) adopted the Magistrate Judge's report and recommendation. Apparently, the Magistrate Judge's report found that the plaintiffs' allegations were sufficiently credible and the District Court denied the defendants' motion to dismiss.

On September 26, 1985, the District Court (Judge Keady) dismissed the cause of action because the parties had settled, and closed the case. On November 18, 1985, the Court entered an agreed order of settlement and dismissal, subject to certain provisions.

On April 17, 1991, the District Court (Judge Keady) modified the agreed order with respect to place of worship, presence of a fulltime Imam, prison diet, provisions respecting hair and beards and the availability of religious materials to the inmates.

On October 28, 1991, the Magistrate Court (Judge Jerry A. Davis) ordered that the plaintiffs be allowed to solicit voluntary donations but could not sell donated items at Parchman.

After the plaintiffs' counsel withdrew in August 1995, and other inmates entered motions to intervene and to hold the defendants in contempt, as well as to certify the class, on April 3, 1996, the case was reopened and reassigned to Magistrate Judge S. Allan Alexander. The plaintiffs were appointed new counsel.

On September 25, 1996, the Magistrate Court (Judge Alexander) denied all of these motions and ordered the appointed counsel to submit a final report of his investigation and settlement negotiations.

On November 18, 1997, the case was reassigned to District Judge L. T. Senter, Jr., and Magistrate Judge Jerry A. Davis. The District Court (Judge Senter) approved another agreed order, consolidating the claims, certifying the class as "all adherents of the Muslim [sic] religion sentenced to the custody of MDOC," awarding attorneys' fees and requiring, pursuant to Moore v. Fordice, PC-MS-0002, that the parties seek in good faith an informal resolution to any dispute in this case prior to instituting legal action.

On March 31, 1998, the case was referred back to Magistrate Judge Alexander. On April 3, 1998, the Magistrate Court (Judge Alexander) recommended that the District Court deny the plaintiffs' motion for a temporary restraining order. And, on April 30, 1998, the District Court (Judge Senter) adopted the recommendation and denied the temporary restraining order.

On August 6, 1998, the case was reassigned to District Court Judge Neal B. Biggers, Jr., and, on August 17, 1998, the case was again reassigned to District Court Judge Glen H. Davidson. After Judge Davidson recognized the parties' stipulation to the content of a post-judgment trial, on August 24, 1998, the case was referred again to Magistrate Judge Davis.

The Magistrate Court (Judge Davis) subsequently denied a number of the plaintiffs' motions to proceed without the class counsel and a number of intervenors' motions to find the defendants in contempt. The plaintiffs appealed and, on April 27, 2001, the Court of Appeals for the 5th Circuit vacated in part and reversed in part, though the order is not available.

On October 4, 2002, the Magistrate Court (Judge Davis) denied a number of motions to intervene. Subsequently, in September, October and November 2005, Judge Davis dismissed a number of plaintiffs for failure to prosecute.

On October 2, 2006, a preliminary injunction hearing was scheduled for November 15, 2006. Following the hearing, the motion was denied as moot because the parties were working on a joint modification of the consent decree. Several months later, the consent decree was amended to improve medical care for inmates. On July 28, 2008, the court approved a supplemental consent decree allowing more religious freedom to inmates. Following this consent decree, another inmate filed a separate complaint regarding religious freedom--the court consolidated his complaint with this case, and denied his motion for preliminary relief after deciding that sufficient relief was granted by the July 28, 2008, consent decree. On March 10, 2011, this case was dismissed.

Summary Authors

Josh Altman (10/30/2006)

Maurice Youkanna (7/26/2014)

Related Cases

Gates v. Collier [Cook], Northern District of Mississippi (1971)

Moore v. Fordice, Northern District of Mississippi (1990)

People


Judge(s)

Davis, Jerry A. (Mississippi)

Attorneys(s) for Plaintiff

Welch, Ronald R. (Mississippi)

Attorneys(s) for Defendant

Clay, John L. (Mississippi)

Hall, Pelicia Everett (Mississippi)

Irvin, Charles Baron (Mississippi)

Steel, James F. (Mississippi)

Vincent, Leonard Charlton (Mississippi)

Judge(s)

Davis, Jerry A. (Mississippi)

Attorneys(s) for Plaintiff

Welch, Ronald R. (Mississippi)

Attorneys(s) for Defendant

Clay, John L. (Mississippi)

Hall, Pelicia Everett (Mississippi)

Irvin, Charles Baron (Mississippi)

Steel, James F. (Mississippi)

Vincent, Leonard Charlton (Mississippi)

Documents in the Clearinghouse

Document

4:82-cv-00064

Docket

March 10, 2011

March 10, 2011

Docket
96

4:82-cv-00064

Order [Denying Motion and Denying Motion as Moot]

Nov. 15, 2006

Nov. 15, 2006

Order/Opinion
98

4:82-cv-00064

Second Agreed Order to Amend

June 22, 2007

June 22, 2007

Order/Opinion
112

4:82-cv-00064

Supplemental Consent Decree

July 28, 2008

July 28, 2008

Order/Opinion
117

4:82-cv-00064

Order [Consolidating Action Nunc Pro Tunc]

Feb. 25, 2009

Feb. 25, 2009

Order/Opinion
1282

4:82-cv-00064

Order [Finally Dismissing Consolidated Cases]

March 10, 2011

March 10, 2011

Order/Opinion

Resources

Docket

Last updated June 9, 2022, 3:17 a.m.

ECF Number Description Date Link Date / Link
1

PRISONER COMPLAINT challenging conditions of confinement CASE REFERRED to Magistrate Judge Jerry A. Davis ; Case Assigned to CJRA Track: Administrative (fcc) (Entered: 04/05/1996)

March 15, 1982

March 15, 1982

2

ORDER granting plaintiffs in forma pauperis status (signed Magistrate Judge on 3/15/82) (fcc) Modified on 04/05/1996 (Entered: 04/05/1996)

March 15, 1982

March 15, 1982

6

AMENDED COMPLAINT by Keith Anthony Givhan, et al, amending [1−1] prisoner complaint (fcc) (Entered: 04/05/1996)

July 14, 1982

July 14, 1982

8

ORDER consolidating this cause w/GC82−179; 82−181; 82−77; and 82−180 ( signed by Magistrate Judge on 8/4/82) (fcc) Modified on 04/05/1996 (Entered: 04/05/1996)

Aug. 4, 1982

Aug. 4, 1982

9

ORDER certifying these consolidated causes as a Rule 23 CLASS ACTION, etc. ( signed by Magistrate Judge on 8/16/82)(fcc) Modified on 04/05/1996 (Entered: 04/05/1996)

Aug. 17, 1982

Aug. 17, 1982

3

ORDER that the pro se complaint of Donnie Wilson be filed as a motion for leave to intervene in the above cause which is DENIED. ( signed by Magistrate Judge on 9/29/82) (fcc) Modified on 04/05/1996 (Entered: 04/05/1996)

Sept. 30, 1982

Sept. 30, 1982

4

NOTICE OF APPEAL of [3−1] order by Donnie Wilson. (fcc) (Entered: 04/05/1996)

Nov. 3, 1982

Nov. 3, 1982

5

Certificate (WCK), dated 11/3/82, denying probable cause COB#42, PG. 155 (fcc) (Entered: 04/05/1996)

Nov. 3, 1982

Nov. 3, 1982

10

ORDER that GC83−5WK has been consolidated with the above cause and all further proceedings will be filed in this cause, etc. ( signed by Magistrate Judge on 2/4/83) (fcc) Modified on 04/05/1996 (Entered: 04/05/1996)

Feb. 7, 1983

Feb. 7, 1983

11

SECOND AMENDED COMPLAINT by Keith Anthony Givhan, et al, amending [1−1] prisoner complaint (fcc) (Entered: 04/05/1996)

Feb. 7, 1983

Feb. 7, 1983

12

JUDGMENT OF USCA (certified copy) DISMISSING appeal of Donnie Wilson for failure to pay docketing fee; Record returned from USCA Re: [4−1] appeal (fcc) (Entered: 04/05/1996)

March 7, 1983

March 7, 1983

13

REPORT AND RECOMMENDATION of Magistrate Judge in Cause No. GC83−5−WK (fcc) (Entered: 04/05/1996)

March 8, 1983

March 8, 1983

14

ORDER adopting the Magistrate Judge's report and recommendation as the opinion of the court; and denying dfts motion to dismiss (signed by Chief Judge W. C. Keady on 4/4/83) COB # 44 pg. 1 Date of Entry: 4/4/83 (fcc) (Entered: 04/05/1996)

April 4, 1983

April 4, 1983

15

ORDER ON JUDGMENT dismissing this cause of action by reason of settlement. (fcc) (Entered: 04/05/1996)

Sept. 26, 1985

Sept. 26, 1985

case closed (J.S.6) (fcc) (Entered: 04/05/1996)

Sept. 26, 1985

Sept. 26, 1985

16

AGREED ORDER dismissing this action with prejudice, subject to certain provisions, etc. (signed by Chief Judge W. C. Keady on 11/18/85) COB # 51 pg. 70−73 Date of Entry: 11/18/85 (fcc) (Entered: 04/05/1996)

Nov. 18, 1985

Nov. 18, 1985

17

AGREED ORDER of Settlement and Dismissal entered by the court on 11/18/85 be MODIFIED as to Place of Worship, Fulltime Imam, Diet, Hair and Beards, Religious Material, etc., each party to bear its own costs and attorneys fees, and court costs. ( signed by Judge Neal B. Biggers Jr. on 4/16/91) Date of Entry: 4/17/91 (fcc) (Entered: 04/05/1996)

April 17, 1991

April 17, 1991

18

ORDER allowing plaintiffs to solicit voluntary donations, etc., and Directing that plaintiffs may not sell items within the penitentiary that have been donated to or purchased by the Muslim community at Parchman. ( signed by Magistrate Judge Jerry A. Davis on 10/24/92) Date of Entry: 10/28/91 (fcc) (Entered: 04/05/1996)

Oct. 28, 1991

Oct. 28, 1991

19

AFFIDAVIT/MOTION of Nathaniel Sibley for contempt for failing to comply with Agreed Order of Settlement and Dismissal, dated 4/16/91 (fcc) (Entered: 04/05/1996)

May 30, 1995

May 30, 1995

20

MOTION by Katherine V. Kilgore and NMRLS to withdraw as counsel for plaintiffs (fcc) (Entered: 04/05/1996)

Aug. 9, 1995

Aug. 9, 1995

21

ORDER granting [20−1] motion to withdraw as counsel for plaintiffs and plaintiff class in this case. ( signed by Magistrate Judge Jerry A. Davis on 8/28/95) Date of Entry: 8/29/95 (fcc) (Entered: 04/05/1996)

Aug. 29, 1995

Aug. 29, 1995

23

MOTION by Curtis Antonio Way, Arthur White, Arthur Ricks, John Tate, Derrick Lowery, Kenneth Garrison, Samuel Stokes, Jimmy Bass to Certify Class (fcc) Modified on 04/05/1996 (Entered: 04/05/1996)

Sept. 7, 1995

Sept. 7, 1995

24

ORDER reopening case, reassigning this case to U. S. Magistrate Judge S. Allan Alexander, and appointing Ronald Reid Welch to represent plaintiffs in this cause. ( signed by Magistrate Judge Jerry A. Davis on 4/2/96) Date of Entry: 4/5/96 (fcc) Modified on 04/05/1996 (Entered: 04/05/1996)

April 3, 1996

April 3, 1996

CASE NO LONGER REFERRED TO Magistrate Judge Jerry A. Davis (fcc) (Entered: 04/05/1996)

April 3, 1996

April 3, 1996

CASE REFERRED to Magistrate Judge S. Allan Alexander (fcc) (Entered: 04/05/1996)

April 3, 1996

April 3, 1996

**Magistrate Reassigned to Magistrate Judge S. Allan Alexander [23−1] motion to Certify Class referred to Magistrate Judge S. Allan Alexander, [22−1] motion to Intervene, or in the Alternative, Motion for Contempt by Nathaniel Sibley, Curtis Antonio Way, Arthur White, Arthur Ricks, John Tate, Derrick Lowery, Kenneth Garrison, Samuel Stokes, Jimmy Bass referred to Magistrate Judge S. Allan Alexander, [19−1] motion for contempt for failing to comply with Agreed Order of Settlement and Dismissal, dated 4/16/91 referred to Magistrate Judge S. Allan Alexander (fcc) (Entered: 04/05/1996)

April 3, 1996

April 3, 1996

25

ORDER, Consolidating Cases and Directing Class Counsel to Investigate and Report to Court ( signed by Magistrate Judge S. Allan Alexander on 4/11/96) Date of Entry: 4/15/96 (jta) Modified on 04/16/1996

April 15, 1996

April 15, 1996

Consolidated Lead Case (consolidated w/95cv283) (jta)

April 15, 1996

April 15, 1996

26

MOTION by plaintiffs for order providing copy of case record to newly appointed class counsel and for additional time for counsel to report (fcc)

July 9, 1996

July 9, 1996

27

MOTION by Kenneth Garrison in 4:82−cv−00064 to Expedite (fcc) (Entered: 07/31/1996)

July 29, 1996

July 29, 1996

28

MOTION by Curtis Antonio Way in 4:82−cv−00064 to Dismiss Counsel (jta)

Aug. 2, 1996

Aug. 2, 1996

29

MOTION by Curtis Antonio Way in 4:82−cv−00064 for nunc pro tunc entry of judgment on the verdict (fcc) (Entered: 08/06/1996)

Aug. 5, 1996

Aug. 5, 1996

30

MOTION by Nathaniel Sibley in 4:82−cv−00064 to Dismiss voluntarily (PSP−4 signed 7/22/96) (fcc) (Entered: 08/09/1996)

Aug. 7, 1996

Aug. 7, 1996

31

ORDER granting [30−1] motion to Dismiss voluntarily (PSP−4 signed 7/22/96), Dismissing this cause as to Nathaniel Sibley without prejudice ( signed by Magistrate Judge S. Allan Alexander on 8/12/96) Date of Entry: 8/13/96 (fcc)

Aug. 13, 1996

Aug. 13, 1996

32

Plas' Class Counsel Interim Report to the Court (fcc)

Sept. 5, 1996

Sept. 5, 1996

33

MOTION by Paul Flowers in 4:82−cv−00064, Tyrone Green in 4:82−cv−00064, Ya Sin Shabazz in 4:82−cv−00064, Danny Townsend in 4:82−cv−00064, Taj Hassan in 4:82−cv−00064, Larry Warren in 4:82−cv−00064, Saleem Rafiq in 4:82−cv−00064 for Order to Show Cause and/or Order for Enforcement of Judgment (fcc) (Entered: 09/18/1996)

Sept. 11, 1996

Sept. 11, 1996

34

ATTACHMENTS by Paul Flowers in 4:82−cv−00064, Tyrone Green in 4:82−cv−00064, Ya Sin Shabazz in 4:82−cv−00064, Danny Townsend in 4:82−cv−00064, Taj Hassan in 4:82−cv−00064, Larry Warren in 4:82−cv−00064, Saleem Rafiq in 4:82−cv−00064 in support of [33−1] motion for Order to Show Cause and/or Order for Enforcement of Judgment by movants (fcc) (Entered: 09/18/1996)

Sept. 11, 1996

Sept. 11, 1996

36

ORDER denying [29−1] motion for nunc pro tunc entry of judgment on the verdict, denying [28−1] motion to Dismiss Counsel, denying [27−1] motion to Expedite, denying [23−1] motion to Certify Class, denying [22−1] motion to Intervene, or in the Alternative, Motion for Contempt by Nathaniel Sibley, Curtis Antonio Way, Arthur White, Arthur Ricks, John Tate, Derrick Lowery, Kenneth Garrison, Samuel Stokes, Jimmy Bass, denying [19−1] motion for contempt for failing to comply with Agreed Order of Settlement and Dismissal, dated 4/16/91, granting until 10/10/96, that class counsel submit a final report of his investigation and settlement negotiations ( signed by Magistrate Judge S. Allan Alexander on 9/20/96) Date of Entry: 9/25/96 (fcc)

Sept. 25, 1996

Sept. 25, 1996

Movant's (Larry T. Warren) letter of inquiry dtd 10/8/96, referred to Magistrate Judge Alexander (fcc)

Oct. 10, 1996

Oct. 10, 1996

37

PLAS' class counsel Third Report to the Court (fcc)

Oct. 15, 1996

Oct. 15, 1996

38

ORDER granting written and ore tenus motion of class counsel until 12/01/96, to submit a final report of his investigation and settlement negotiations. ( signed by Magistrate Judge S. Allan Alexander on 10/15/96) Date of Entry: 10/21/96 (fcc) (Entered: 10/21/1996)

Oct. 18, 1996

Oct. 18, 1996

Letter dtd 10/24/96, from Raheem Furqaan #73717, Unit 14, Parchman, MS 38738, addressed to Magistrate Judge Alexander regarding "Counsel's Third Report the Court" (fcc) (Entered: 10/30/1996)

Oct. 28, 1996

Oct. 28, 1996

39

Plaintiffs' class Counsel Fourth Report to The Court. (jta)

Dec. 4, 1996

Dec. 4, 1996

40

MOTION by John B. Irvin, III (a/k/a Mali K. Lumumba) and Iman Rashed Saleem for Reconsideration of [36−1] order denying motion to dismiss counsel filed by pro se plas Curtis Antoio Way and Raheem Furqaan (fcc)

Dec. 6, 1996

Dec. 6, 1996

41

ORDER denying [33−1] motion for Order to Show Cause and/or Order for Enforcement of Judgment ( signed by Magistrate Judge S. Allan Alexander on 12/6/96) Date of Entry: 12/9/96 (jta)

Dec. 9, 1996

Dec. 9, 1996

42

ORDER denying [40−1] motion for Reconsideration of [36−1] order denying motion to dismiss counsel filed by pro se plas Curtis Antoio Way and Raheem Furqaan ( signed by Magistrate Judge S. Allan Alexander on 12/6/96) Date of Entry: 12/9/96 (jta)

Dec. 9, 1996

Dec. 9, 1996

43

VERIFIED MOTION by Keith Anthony Givhan, et al in 4:82−cv−00064 for Order Awarding Attorney's Fees [43−1] motion referred to Judge Neal B. Biggers Jr. (fcc)

April 21, 1997

April 21, 1997

44

MOTION by Steve Puckett in 4:82−cv−00064 to Extend Time to Respond to Plas' Verified Motion for Order Awarding Atty's Fees [44−1] motion referred to Judge Neal B. Biggers Jr. (fcc)

April 25, 1997

April 25, 1997

45

ORDER granting [44−1] motion to Extend Time to Respond to Plas' Verified Motion for Order Awarding Atty's Fees, Response to Motion reset to 5/19/97 for [43−1] motion for Order Awarding Attorney's Fees ( signed by Magistrate Judge S. Allan Alexander on 4/28/97) Date of Entry: 4/30/97 (fcc)

April 30, 1997

April 30, 1997

46

RESPONSE by Steve Puckett, et al in 4:82−cv−00064 in opposition to [43−1] motion for Order Awarding Attorney's Fees by Keith Anthony Givhan (fcc) Modified on 05/20/1997

May 20, 1997

May 20, 1997

Mail Returned 6/4/97, addressed to Paul Flowers with forwarding address of: Collins Place 63, Carterville, GA 30120 (fcc)

June 6, 1997

June 6, 1997

47

ORDER, Motion Hearing set for 9:00 10/24/97 Oxford for [43−1] motion for Order Awarding Attorney's Fees ( signed by Magistrate Judge S. Allan Alexander on 8/14/97) Date of Entry: 8/15/97 (jta)

Aug. 15, 1997

Aug. 15, 1997

48

REQUEST for Clarification with Respect to Post−Judgment Class Action Case Administration and Jurisdiction by Pla Class Attorney, Ronald Reid Welch (fcc)

Oct. 6, 1997

Oct. 6, 1997

Motion(s) no longer referred: [43−1] motion for Order Awarding Attorney's Fees (fcc)

Oct. 6, 1997

Oct. 6, 1997

49

NOTICE/SECOND VERIFIED MOTION by Keith Anthony Givhan in 4:82−cv−00064 for Order Cancelling Scheduled Evid. Hrg. for Atty's Fees..., together with Exhibits A, B, and C (fcc)

Oct. 6, 1997

Oct. 6, 1997

50

MOTION by Steve Puckett, et al in 4:82−cv−00064 to Extend Time to Respond to Plas' "Second Verified Motion for Order Canceling Evid. Hrg., etc." (fcc) (Entered: 10/09/1997)

Oct. 8, 1997

Oct. 8, 1997

NOTICE of by Keith Anthony Givhan, et al in 4:82−cv−00064, of Additional Attorney Affidavits of David W. Mockbee and William F. Winter (fcc)

Oct. 14, 1997

Oct. 14, 1997

51

AFFIDAVIT of DAVID W. MOCKBEE by Keith Anthony Givhan in 4:82−cv−00064 Re: [49−1] motion for Order Cancelling Scheduled Evid. Hrg. for Atty's Fees..., together with Exhibits A, B, and C by Keith Anthony Givhan (fcc)

Oct. 14, 1997

Oct. 14, 1997

52

AFFIDAVIT OF WILLIAM WINTER by Keith Anthony Givhan, et al, in 4:82−cv−00064 Re: [49−1] motion for Order Cancelling Scheduled Evid. Hrg. for Atty's Fees..., together with Exhibits A, B, and C by Keith Anthony Givhan (fcc)

Oct. 14, 1997

Oct. 14, 1997

53

MOTION by John B. Irving III in 4:82−cv−00064, Raheem Furqaan in 4:82−cv−00064, George Michael Bass in 4:82−cv−00064, Anthony Smith in 4:82−cv−00064, Devin Johnson in 4:82−cv−00064, Guss Moss in 4:82−cv−00064, Victor Kennedy in 4:82−cv−00064, Johnny Lacy in 4:82−cv−00064, David Montgomery in 4:82−cv−00064, Michael Taylor in 4:82−cv−00064, Patrick F. Berry in 4:82−cv−00064, Raymond Greason in 4:82−cv−00064 for Temporary Restraining Order (fcc)

Oct. 15, 1997

Oct. 15, 1997

54

MOTION by Keith Anthony Givhan, et al in 4:82−cv−00064 for Order Declaring Dfts to Have Admitted the Truth of Counsel's Court Ordered Activity Reports by Their Failure to Object/Deny , or for Order Shortening Time for Dfts to Answer Requests for Admissions/Stipulations [54−1] motion referred to Magistrate Judge S. Allan Alexander, [54−2] motion referred to Magistrate Judge S. Allan Alexander (fcc)

Oct. 16, 1997

Oct. 16, 1997

55

REQUEST for Admissions by Keith Anthony Givhan, et al in 4:82−cv−00064 to Steve Puckett, et al in 4:82−cv−00064 (fcc)

Oct. 16, 1997

Oct. 16, 1997

56

NOTICE of Attorney Appearance for Steve Puckett in 4:82−cv−00064, Raymond Roberts in 4:82−cv−00064 by James F. Steel (SAAG) (fcc) (Entered: 11/18/1997)

Nov. 17, 1997

Nov. 17, 1997

Consolidated Member Case . Lead Case Number: 4cv71 06 (fcc)

Nov. 18, 1997

Nov. 18, 1997

CASE reassigned to Chief Judge L. T. Senter Jr. (fcc)

Nov. 18, 1997

Nov. 18, 1997

**Magistrate Reassigned to Magistrate Judge Jerry A. Davis (fcc)

Nov. 18, 1997

Nov. 18, 1997

57

AGREED ORDER, on joint ore tenus motion of the parties, to consolidate, and on the two motions of plas' court−appointed counsel for post−judgment awards of atty's fees; CONSOLIDATING Givhan (4:82cv64−B−A) and Way (4:95cv283−D−A) subclass casses with Gates (4:71cv06−S−D); CERTIFYING Givhan and Way as a subclass of the larger class already certified in Gates: "All adherents of the muslim religion sentenced to the custody of MDOC..."; all future pleadings pertaining to Givhan and Way shall have the same heading, styled, and numbers as that of this order; directing the clerk to effectuate this order of consolidation and certification of subclass; that in full agreed settlement of plas' first and second verified motions and for all additional atty time and expense to date, dfts shall pay to Ronald Reid Welch, P.A., the sum of $18,750.00 NLT 6/31/98, with legal judgment interest to be paid from the date of this order until paid in full; that a separate final judgment order for the fees awarded in Para. 5 shall issue this date from the court and filed by the clerk; that, as previously agreed and ordered in Moore v. Fordice, Para. 12 at page 4 of Agreed Judgment of Settlement and Dismissal, filed 06/28/95, the parties obligate themselves to seek in good faith an informal resolution to any dispute in this case prior to instituting any legal action relative thereto. ( signed by Chief Judge L. T. Senter Jr. on 11/17/97) COB # 81 pg. 302−305 Date of Entry: 11/18/97 (fcc)

Nov. 18, 1997

Nov. 18, 1997

58

FINAL JUDGMENT in Givhan v. Puckett, on the first and second verified motions of plas for post judgment atty's fees and costs to date, directing that dfts shall pay to Ronald Reid Welch, P.A., the sum of $18,750.00 NLT June 31, 1998, with legal judgment interest to be paid from the date of this order until paid in full. ( signed by Chief Judge L. T. Senter Jr. on 11/17/97) COB # 81 pg. 306−307 Date of Entry: 11/18/97 (fcc) Modified on 11/19/1997

Nov. 18, 1997

Nov. 18, 1997

Motion(s) referred: [54−1] motion for Order Declaring Dfts to Have Admitted the Truth of Counsel's Court Ordered Activity Reports by Their Failure to Object/Deny referred to Magistrate Judge Jerry A. Davis, [54−2] motion for Order Shortening Time for Dfts to Answer Requests for Admissions/Stipulations referred to Magistrate Judge Jerry A. Davis, [53−1] motion for Temporary Restraining Order referred to Magistrate Judge Jerry A. Davis, [50−1] motion to Extend Time to Respond to Plas' "Second Verified Motion for Order Canceling Evid. Hrg., etc." referred to Magistrate Judge Jerry A. Davis (fcc)

Nov. 25, 1997

Nov. 25, 1997

Mail addressed to Joseph Wright RETURNED marked "Released". (jta)

Feb. 2, 1998

Feb. 2, 1998

CASE REFERRED to Magistrate Judge S. Allan Alexander (jta)

March 31, 1998

March 31, 1998

**Magistrate Reassigned to Magistrate Judge S. Allan Alexander [54−1] motion for Order Declaring Dfts to Have Admitted the Truth of Counsel's Court Ordered Activity Reports by Their Failure to Object/Deny referred to Magistrate Judge S. Allan Alexander, [54−2] motion for Order Shortening Time for Dfts to Answer Requests for Admissions/Stipulations referred to Magistrate Judge S. Allan Alexander, [53−1] motion for Temporary Restraining Order referred to Magistrate Judge S. Allan Alexander, [50−1] motion to Extend Time to Respond to Plas' "Second Verified Motion for Order Canceling Evid. Hrg., etc." referred to Magistrate Judge S. Allan Alexander; (for purposes of management per Magistrate Judge Davis) (jta)

March 31, 1998

March 31, 1998

60

REPORT AND RECOMMENDATIONS of Magistrate Judge S. Allan Alexander Re: [53−1] motion for Temporary Restraining Order ; Motion no longer referred Objections to R and R due by 4/16/98 (jta)

April 3, 1998

April 3, 1998

61

ORDER denying [54−1] motion for Order Declaring Dfts to Have Admitted the Truth of Counsel's Court Ordered Activity Reports by Their Failure to Object/Deny, denying [54−2] motion for Order Shortening Time for Dfts to Answer Requests for Admissions/Stipulations, denying [50−1] motion to Extend Time to Respond to Plas' "Second Verified Motion for Order Canceling Evid. Hrg., etc." ( signed by Magistrate Judge S. Allan Alexander on 4/31/98) Date of Entry: 4/03/98 (fcc)

April 3, 1998

April 3, 1998

62

ORDER ADOPTING and APPROVING [60−1] report and recommendations denying [53−1] motion for Temporary Restraining Order ( signed by Chief Judge L. T. Senter Jr. on 4/28/98) COB # 82 pg. 217 Date of Entry: 4/30/98 (fcc)

April 30, 1998

April 30, 1998

63

NOTICE/MOTION by Raheem Furqaan in 4:82−cv−00064, Curtis Antonio Way in 4:82−cv−00064 for Pretrial Conference (fcc) (Entered: 06/23/1998)

June 22, 1998

June 22, 1998

64

OBJECTIONS TO CLASS COUNSEL'S FOURTH REPORT TO THE COURT, ETC. by Raheem Furqaan in 4:82−cv−00064, Curtis Antonio Way in 4:82−cv−00064 Re: (fcc) (Entered: 06/23/1998)

June 22, 1998

June 22, 1998

CASE reassigned to Chief Judge Neal B. Biggers Jr. (fcc)

Aug. 6, 1998

Aug. 6, 1998

CASE reassigned to Judge Glen H. Davidson (fcc)

Aug. 17, 1998

Aug. 17, 1998

66

ORDER transferring this cause to Honorable Glen H. Davidson, U. S. District Judge, NDMS, for all further proceedings. ( signed by Chief Judge Neal B. Biggers Jr. on 8/14/98) Date of Entry: 8/17/98 (fcc)

Aug. 17, 1998

Aug. 17, 1998

67

ORDER OF REFERENCE AND STIPULATION of Consent to Trial of All Post−Judgment Matters by United States Magistrate Judge Jerry A. Davis in Consolidated Cases ( signed by Judge Glen H. Davidson on 8/19/98) Date of Entry: 8/24/98 (fcc)

Aug. 24, 1998

Aug. 24, 1998

**Magistrate Reassigned to Magistrate Judge Jerry A. Davis [63−1] motion for Pretrial Conference referred to Magistrate Judge Jerry A. Davis (fcc)

Aug. 24, 1998

Aug. 24, 1998

CASE NO LONGER REFERRED TO Magistrate Judge S. Allan Alexander (fcc)

Aug. 24, 1998

Aug. 24, 1998

CASE REFERRED to Magistrate Judge Jerry A. Davis for trial (fcc)

Aug. 24, 1998

Aug. 24, 1998

NOTICE of address change: 9425 Flechette Ave., Jacksonville, FL 32208 by Curtis Antonio Way in 4:82−cv−00064 (fcc) (Entered: 10/07/1998)

Oct. 2, 1998

Oct. 2, 1998

68

ORDER denying [63−1] motion for Pretrial Conference, request must come from class counsel, not individual litigants ( signed by Magistrate Judge Jerry A. Davis on 1/22/99) Date of Entry: 1/25/99 (fcc)

Jan. 25, 1999

Jan. 25, 1999

(Copy) Intervening Plaintiffs, Tobie Krohe, et al, letter dtd 2/15/99, to Lead Atty, Margaret Winter, et al , as to status of case, placed in the file. (copies referred to Mag Judge Davis and Pro Se Clerk) (fcc)

Feb. 18, 1999

Feb. 18, 1999

69

ORDER denying [234−1] motion to add his name to Class Action Keith Givhan, et al v. Steve Puckett, et al No. 4:92cv64, consol. w/Curtis Antonio Way, et al v. Steve Puckett, et al No. 4:95c283 in 4:71−cv−00006, denying [229−1] motion to add his name to Class Action Keith Givhan, et al v. Steve Puckett, et al No. 4:92cv64, consol. w/Curtis Antonio Way, et al v. Steve Puckett, et al No. 4:95cv283 in 4:71−cv−00006, denying [206−1] motion to become a member in class action suit "Keith Givan, et al Lead Case No. 4:82cv64 and consol. w/Curtis Antonio Way, et al, No. 4:95cv283 " in 4:71−cv−00006, denying [200−1] motion to become a member in class action suit "Keith Givan, et al Lead Case No. 4:82cv64 and consol. w/Curtis Antonio Way, et al, No. 4:95cv283" in 4:71−cv−00006 ( signed by Magistrate Judge Jerry A. Davis on 6/10/99) Date of Entry: 6/11/99 (fcc) Modified on 09/28/1999

June 11, 1999

June 11, 1999

70

Plas' Class Counsel (Ron Welch) Summary Status Report dtd 8/30/99, to the Court on All Consolidated Cases: 4:71cv6 (LEAD); 4:73cv76; 4:82cv64; 4:95cv283; 4:90cv125 (fcc) Modified on 09/28/1999

Aug. 31, 1999

Aug. 31, 1999

71

Letter MOTION by Charles Smith in 4:82−cv−00064 to Amend [1−1] prisoner complaint (fcc)

Oct. 13, 1999

Oct. 13, 1999

72

ORDER denying [71−1] motion to Amend [1−1] prisoner complaint, referring movant to submit his motion to plas' counsel for his review and consideration ( signed by Magistrate Judge Jerry A. Davis on 10/12/99) Date of Entry: 10/13/99 (fcc) Modified on 10/13/1999

Oct. 13, 1999

Oct. 13, 1999

Letter dtd 10/24/99 from Thomas Hill enclosing a letter to Ronald Welch of their dissatisfaction with class counsel, referred to Magistrate Judge Davis (fcc)

Oct. 29, 1999

Oct. 29, 1999

"CORRECTED" VERIFIED MOTION by class counsel for Order Awarding December 1999 Attorney's Fees (fcc) Modified on 01/20/2000 (Entered: 01/10/2000)

Jan. 7, 2000

Jan. 7, 2000

73

MOTION by (Movants) John B. Irving III #30881, Johnny Collier #05757, Bobby Pinkney #57506, Donald Ray Brown #44479, Rickey Hampton #51236, Sammy Brown #76614, Charles Bell #30115, Steven Thomas K8092, Dennis Johnson #82896, James Seaton #81899, Kenneth Evans #K2369, Marquis Greene K0146, David Posey #65362, Russell Virgil #68744, Clarence Peteson #12681, Isiah Williams 37498 in 4:82−cv−00064, 4:82cv77, 4:82cv179, 4:82cv180, 4:92cv181, 4:83cv05 to Intervene to File Motion for Contempt of Court Order and Injunctive Relief on Behalf of Muslim Class Inmates Confined in MSP (fcc) Modified on 08/28/2000 (Entered: 08/28/2000)

Aug. 23, 2000

Aug. 23, 2000

74

MOTION by party movant Thomas Hill in 4:82−cv−00064 to Proceed w/o Benefit of Current Class Counsel (fcc)

Nov. 8, 2000

Nov. 8, 2000

75

ORDER denying [74−1] motion to Proceed w/o Benefit of Current Class Counsel ( signed by Magistrate Judge Jerry A. Davis on 11/16/00) Date of Entry: 11/17/00 (fcc)

Nov. 17, 2000

Nov. 17, 2000

76

ORDER denying [73−1] motion to Intervene to File Motion for Contempt of Court Order and Injunctive Relief on Behalf of Muslim Class Inmates Confined in MSP ( signed by Magistrate Judge Jerry A. Davis on 3/28/01) Date of Entry: 3/29/01 (fcc)

March 29, 2001

March 29, 2001

77

JUDGMENT OF USCA (certified copy) that the Judgment of the District Court is VACATED IN PART and REVERSED IN PART, and the cause is REMANDED to the District Court for further proceedings in accordance with the opinion of this Court ISSUED AS MANDATE: APRIL 27, 2001 Re: [341−1] appeal by Martin Groot, Willie Naylor, Gary Butler, Willie Gaines, Robert L. White, Robert Shaw, Steven Houston in 4:71−cv−00006, [334−1] appeal by Martin Groot, Willie Naylor, Willie Gaines, Robert L. White, Robert Shaw, Steven Houston in 4:71−cv−00006, [272−1] appeal by Martin Groot, Robert Shaw in 4:71−cv−00006, [118−1] appeal by Martin Groot, Willie Naylor, Gary Butler, Willie Gaines, Robert L. White, Robert Shaw, Steven Houston in 4:90−cv−00125, [112−1] appeal by Martin Groot, Willie Naylor, Willie Gaines, Robert L. White, Robert Shaw, Steven Houston in 4:90−cv−00125, [78−1] appeal by Martin Groot, Robert Shaw in 4:90−cv−00125 (fcc) (Entered: 05/08/2001)

April 30, 2001

April 30, 2001

78

ORDER granting defendants' motion in cause no. 4:99cv61−D−D and consolidating for all purposes 4:99cv61−D−D with "Givhan v. Puckett", 4:82cv64−JAD, as consolidated with "Gates v. Fordice, et al", GC71−6−JAD.( signed by Magistrate Judge Jerry A. Davis on 7/17/01) Date of Entry: 7/19/01 (fcc) (Entered: 07/19/2001)

July 18, 2001

July 18, 2001

79

ORDER, setting status conference and hearing on all pending motions for 10:00 a.m. October 29, 2002, in Oxford Motion Hearing set for 10:00 10/29/02 in 4:71−cv−00006, in 4:82−cv−00064, in 4:95−cv−00283 for [562−1] motion for Declaratory Judgment that the dft Governor's Partial, "Line Item" Veto of MDOC's Legislative Appropriations Bill is Invalid in 4:71−cv−00006, set for 10:00 10/29/02 in 4:71−cv−00006, in 4:82−cv−00064, in 4:95−cv−00283 for [560−1] motion for Order Reopening Gates v. Collier Lead Case to Enforce Court Orders in 4:71−cv−00006, set for 10:00 10/29/02 in 4:71−cv−00006, in 4:82−cv−00064, in 4:95−cv−00283 for [559−1] motion to Reopen Lead Case to Enforce Court Orders Concerning Institutional Inspections by State Agencies and Correction of Deficiencies Noted in 4:71−cv−00006, set for 10:00 10/29/02 in 4:71−cv−00006, in 4:82−cv−00064, in 4:95−cv−00283 for [558−1] motion to Extend Time for Copiah County to Respond to Notice of Non−Compliance in 4:71−cv−00006, set for 10:00 10/29/02 in 4:71−cv−00006, in 4:82−cv−00064, in 4:95−cv−00283 for [539−1] motion to Dismiss Leflore County's "Motion to Amend Order dated October 17, 1990, to Increase Capacities of Leflore County Jail", dated January 4, 2002 in 4:71−cv−00006, set for 10:00 10/29/02 in 4:71−cv−00006, in 4:82−cv−00064, in 4:95−cv−00283 for [523−1] motion to Reduce Its Court Approved Capacity for Incarcerating State Inmates in 4:71−cv−00006, set for 10:00 10/29/02 in 4:71−cv−00006, in 4:82−cv−00064, in 4:95−cv−00283 for [513−1] motion for Nunc Pro Tunc Order Reopening State Correctional Facilities Portion of Lead Case in 4:71−cv−00006, set for 10:00 10/29/02 in 4:71−cv−00006, in 4:82−cv−00064, in 4:95−cv−00283 for [510−1] motion for Judgment on their Motion for Equitable Modification of Prior Orders and their Motion to Amend and Clarify Order Regarding Use of Local Jails to Incarceration of State Prisoners in 4:71−cv−00006, set for 10:00 10/29/02 in 4:71−cv−00006, in 4:82−cv−00064, in 4:95−cv−00283 for [501−1] motion for Order to Show Cause Why the University of Mississippi Medical Center should not be held in contempt and fined in 4:71−cv−00006, set for 10:00 10/29/02 in 4:71−cv−00006, in 4:82−cv−00064, in 4:95−cv−00283 for [497−1] motion to Show Cause Why UMMC/MDOC Medical Services Contract Should Not be Terminated w/Exhibit "A" attached in 4:71−cv−00006, set for 10:00 10/29/02 in 4:71−cv−00006, in 4:82−cv−00064, in 4:95−cv−00283 for [494−1] motion for Modification of Hourly Rate Applicable to Motion and Supplemental Motion for Attorney's Fees in 4:71−cv−00006, set for 10:00 10/29/02 in 4:71−cv−00006, in 4:82−cv−00064, in 4:95−cv−00283 for [485−1] motion to Intervene or in the Alternative, Motion for Contempt by John B. Irving, III and John C. Thrasher to case(s) 4:71−cv−00006, in 4:71−cv−00006, set for 10:00 10/29/02 in 4:71−cv−00006, in 4:82−cv−00064, in 4:95−cv−00283 for [484−1] motion for Reconsideration of [54−1] order in 4:00−cv−00315 in 4:71−cv−00006, set for 10:00 10/29/02 in 4:71−cv−00006, in 4:82−cv−00064, in 4:95−cv−00283 for [483−1] motion to Amend and Modify Section IX(A) Order Regarding Use of Local Jails for Incarceration of State Prisoners, filed November 6, 1981 in 4:71−cv−00006, set for 10:00 10/29/02 in 4:71−cv−00006, in 4:82−cv−00064, in 4:95−cv−00283 for [477−1] motion for Equitable Modification of Prior Orders as to Attorney's Fees and Expenses in 4:71−cv−00006, set for 10:00 10/29/02 in 4:71−cv−00006, in 4:82−cv−00064, in 4:95−cv−00283 for [468−1] motion for Attorney Fees in 4:71−cv−00006 ( signed by Magistrate Judge Jerry A. Davis on 9/25/02) Date of Entry: 10/02/02 (fcc)

Oct. 2, 2002

Oct. 2, 2002

Case Details

State / Territory: Mississippi

Case Type(s):

Prison Conditions

Key Dates

Filing Date: March 15, 1982

Closing Date: 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All adherents of the Muslim religion sentenced to the custody of the Mississippi Department of Corrections.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State of Mississippi, State

Defendant Type(s):

Jurisdiction-wide

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Constitutional Clause(s):

Free Exercise Clause

Availably Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1985 - 2011

Content of Injunction:

Reporting

Recordkeeping

Preliminary relief denied

Implement complaint/dispute resolution process

Develop anti-discrimination policy

Issues

General:

Conditions of confinement

Food service / nutrition / hydration

Record-keeping

Religious programs / policies

Discrimination-basis:

Religion discrimination

Affected Gender:

Male

Type of Facility:

Government-run