Case: Presley v. Epps

4:05-cv-00148 | U.S. District Court for the Northern District of Mississippi

Filed Date: June 22, 2005

Closed Date: 2012

Clearinghouse coding complete

Case Summary

On June 22, 2005, attorneys for the local ACLU and the ACLU National Prison Project filed a class-action § 1983 lawsuit in the U.S. District Court for the Northern District of Mississippi on behalf of inmates confined in Unit 32 of the Mississippi State Penitentiary in Parchman, Mississippi. The lawsuit alleged dangerous and inhumane conditions of confinement in Unit 32, a "supermax" facility operated by the Mississippi Department of Corrections (MDOC). The plaintiffs immediately moved for cla…

On June 22, 2005, attorneys for the local ACLU and the ACLU National Prison Project filed a class-action § 1983 lawsuit in the U.S. District Court for the Northern District of Mississippi on behalf of inmates confined in Unit 32 of the Mississippi State Penitentiary in Parchman, Mississippi. The lawsuit alleged dangerous and inhumane conditions of confinement in Unit 32, a "supermax" facility operated by the Mississippi Department of Corrections (MDOC). The plaintiffs immediately moved for class certification.

The MDOC was already operating under an injunction issued in Russell v. Johnson, PC-MS-0003 in this Clearinghouse, which concerned conditions of confinement and medical and mental health treatment for the subclass of death row prisoners confined to Unit 32. Magistrate Judge Jerry A. Davis, who oversaw the Russell case, urged the parties to discuss settlement. Following protracted negotiations, the parties reached a settlement of the issues in the form of a proposed consent decree. After a fairness hearing on April 28, 2006, Judge Davis formally approved the settlement.

The consent decree called for the MDOC to make many changes to the conditions of confinement for non-death row inmates of Unit 32, including compliance with the ACA Standards for Adult Correctional Institutions (4th Ed.) and with the essential National Commission on Correctional Healthcare (NCCHC) Standards for Health Services in Prison (2003).

Following the entry of the consent decree, the plaintiffs began monitoring the implementation process. Experts employed by the plaintiffs, Dr. John Robertson (medical expert) and Dr. Terry Kupers (mental health expert), conducted an audit of the medical and mental health services in Unit 32. The experts identified continuing deficiencies which they believed warranted urgent correction. The plaintiffs filed a motion for contempt on November 21, 2006, seeking an order to compel defendants to immediately comply with the medical and mental health care provisions of the consent decree.

On April 4, 2007, Judge Davis called the case for an evidentiary hearing on the plaintiffs' motion to compel. Before the hearing began, the State agreed to entry of a supplemental consent decree on medical care. The hearing went forward on the plaintiffs' contentions that mentally ill prisoners were still being denied basic psychiatric care and routinely subjected to excessive force and abuse. The hearing was adjourned and the parties were directed to discuss settlement of the remaining issues.

The case was reset for a settlement conference and continuation of the contempt hearing on November 15, 2007. Following that conference, the parties arrived at a supplemental consent decree on mental health care, use of force, and classification, which supplemented the original consent decree entered April 28, 2006 and the supplemental consent decree on medical care entered April 16, 2007. On November 15, 2007, the parties entered into another supplemental consent decree on mental health care, use of force, and classification.

On September 16, 2008, Judge Davis denied the plaintiffs' motions for discovery and attorneys' fees as moot.

On August 2, 2010, Judge Davis ordered the case dismissed without prejudice by agreement of the parties. The defendants agreed to close Unit 32, transfer the entire population of Unit 32 to other facilities over the course of the next several months, move all seriously mentally ill prisoners to MDOC's mental health facility in Meridian, MS and remedy the inadequate medical and mental health care in Unit 32 so long as any prisoners remain there. As part of the agreement, the ACLU would also monitor during the next year the medical and mental health care provided at all of the facilities in the state to which Unit 32 prisoners were transferred to ensure they meet constitutional requirements.

On November 12, 2010, Judge Davis denied one of the plaintiff's motion for attorneys' fees upon being advised by the parties that the issue of attorneys' fees had been resolved. On January 14, 2011, Judge Davis issued a stipulated order awarding the plaintiffs $295,000 fees and expenses.

Disputes over attorneys' fees continued until January 13, 2012, when the parties settled but did not disclose the details of the settlement.

Summary Authors

Kristen Sagar (3/23/2009)

Jessica Kincaid (7/15/2014)

Related Cases

Russell v. Johnson, Northern District of Mississippi (2002)

People


Judge(s)

Davis, Jerry A. (Mississippi)

Sanders, David Allen (California)

Attorneys(s) for Plaintiff

Baskir, Cecily E. (District of Columbia)

Bhat, Ghouri (Texas)

Eber, Gabriel B. (District of Columbia)

Felder, LaKeytria (District of Columbia)

Fernandez, Laura A. (District of Columbia)

Hanlon, Stephen F (District of Columbia)

McDuff, Robert B. (Mississippi)

Thompson, Ranie T. (Mississippi)

Judge(s)

Davis, Jerry A. (Mississippi)

Sanders, David Allen (California)

Attorneys(s) for Plaintiff

Baskir, Cecily E. (District of Columbia)

Bhat, Ghouri (Texas)

Eber, Gabriel B. (District of Columbia)

Felder, LaKeytria (District of Columbia)

Fernandez, Laura A. (District of Columbia)

Hanlon, Stephen F (District of Columbia)

McDuff, Robert B. (Mississippi)

Thompson, Ranie T. (Mississippi)

Williams, John (Mississippi)

Winter, Margaret (District of Columbia)

Attorneys(s) for Defendant

Clay, John L. (Mississippi)

Hall, Pelicia Everett (Mississippi)

Irvin, Charles Baron (Mississippi)

Norris, James Marshall (Mississippi)

Expert/Monitor/Master

Vincent, Leonard Charlton (Mississippi)

Documents in the Clearinghouse

Document

Docket [PACER]

Jan. 13, 2012 Docket
1-1

Complaint

Presley v. Epps

June 22, 2005 Complaint

Consent Decree

Feb. 15, 2006 Settlement Agreement
24-1

Order on Joint Motion of the Parties for Preliminary Approval of Proposed Consent Decree

March 6, 2006 Settlement Agreement
40-2

Notice of Proposed Class Action Settlement

March 6, 2006 Settlement Agreement
40-1

Order

April 28, 2006 Settlement Agreement
57

Plaintiffs’ Motion for Civil Contempt Sanctions and for Other Equitable Relief to Compel Defendants’ Compliance with Consent Decree Provisions on Medical and Mental Health Care

Nov. 21, 2006 Pleading / Motion / Brief
58

Memorandum in Support of Plaintiffs’ Motion for Civil Contempt Sanctions and for Other Equitable Relief to Compel Defendants’ Compliance with Consent Decree Provisions on Medical and Mental Health Care

Nov. 21, 2006 Pleading / Motion / Brief
70

Supplemental Consent Decree on Mental Health Care, Use of Force and Classification

April 16, 2007 Settlement Agreement
74

Memorandum in Support of Plaintiffs’ Motion to Compel Compliance with Consent Decree Provisions on Excessive Force and to Consolidate with Plaintiff’s Pending Motion to Compel Compliance with Consent Decree Provisions on Treatment of the Mentally Ill

May 21, 2007 Pleading / Motion / Brief

Resources

Title Description External URL

Prisoners' Rights Lawyers' Strategies for Preserving the Role of the Courts

Margo Schlanger

This Article is part of the University of Miami Law Review’s Leading from Below Symposium. It canvasses prisoners’ lawyers’ strategies prompted by the 1996 Prison Litigation Reform Act (“PLRA”). The … Dec. 1, 2015 http://lawreview.law.miami.edu/prisoners-rights-lawyers-strategies-preserving-role-courts/

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against all defendants, Filing fee $ 250, receipt number 80409, filed by Steven Farris, Marcus D. Williams, Jeffery Presley, Dennis Clay Brumfield. (Attachments: # 1 Supplement # 2 Civil Cover Sheet)(dmd, USDC)

June 22, 2005
2

NOTICE OF ASSIGNMENT. Case assigned to Judge Michael P. Mills and Magistrate Judge Eugene M. Bogen. (dmd, USDC)

June 22, 2005
3

Summons Issued as to Christopher Epps, Emitt Sparkman, Lawrence Kelly, Ernest Lee, Kentrell Liddell, Correctional Medical Services (CMS), Inc., Larry Linton, Keith M. Ivens, Fred Klopfer, William Steiger, John Bearry, Gail Williams. (dmd, USDC)

June 22, 2005
4

MOTION to Certify Class by all plaintiffs. (dmd, USDC)

June 22, 2005
5

MEMORANDUM IN SUPPORT re 4 MOTION to Certify Class. (dmd, USDC)

June 22, 2005

Per Magistrate Judge Bogen's instructions, case Reassigned to Judge Jerry A. Davis. Judge Eugene M. Bogen no longer assigned to the case. (dmd, USDC)

July 18, 2005

Case Reassigned to Judge Jerry A. Davis. Judge Michael P. Mills no longer assigned to the case. (dmd, USDC) Additional attachment(s) added on 7/18/2005 (dmd, USDC).

July 18, 2005

Case Reassigned to Judge Michael P. Mills. Inadvertently assigned to Davis. (dmd, USDC)

July 18, 2005

Case Reassigned to Magistrate Judge Jerry A. Davis. (dmd, USDC)

July 18, 2005
6

REQUEST FOR WAIVER of Service sent to Charles McBride, Esq. on June 22, 2005 by Margaret Winter on behalf of Steven Farris, Marcus D. Williams, Jeffery Presley, Dennis Clay Brumfield. (Attachments: # 1 cover letter)(Winter, Margaret)

July 29, 2005
7

WAIVER OF SERVICE Returned Executed by Margaret Winter on behalf of Steven Farris, Marcus D. Williams, Jeffery Presley, Dennis Clay Brumfield. Correctional Medical Services (CMS), Inc. waiver sent on 6/22/2005; Larry Linton waiver sent on 6/22/2005; Keith M. Ivens waiver sent on 6/22/2005; Fred Klopfer waiver sent on 6/22/2005; William Steiger waiver sent on 6/22/2005; John Bearry waiver sent on 6/22/2005; Gail Williams waiver sent on 6/22/2005. (Winter, Margaret) Modified on 8/2/2005 (dmd, USDC).

July 29, 2005
8

REQUEST FOR WAIVER of Service sent to Leonard Vincent, Esq. on June 22, 2005 by Margaret Winter on behalf of Steven Farris, Marcus D. Williams, Jeffery Presley, Dennis Clay Brumfield. (Attachments: # 1 cover letter)(Winter, Margaret)

July 29, 2005
9

WAIVER OF SERVICE Returned Executed by Margaret Winter on behalf of Steven Farris, Marcus D. Williams, Jeffery Presley, Dennis Clay Brumfield, Christopher Epps, Emitt Sparkman, Lawrence Kelly, Ernest Lee, Kentrell Liddell Christopher Epps waiver sent on 6/22/2005; Emitt Sparkman waiver sent on 6/22/2005; Lawrence Kelly waiver sent on 6/22/2005; Ernest Lee waiver sent on 6/22/2005; Kentrell Liddell waiver sent on 6/22/2005. (Winter, Margaret)

July 29, 2005
10

MOTION to Appear Pro Hac Vice ; Attorney Gouri Bhat, by all plaintiffs. (Winter, Margaret)

Aug. 1, 2005
11

REQUEST FOR WAIVER of Service sent to Leonard Vincent, Esq. on June 22, 2005 by Margaret Winter on behalf of Steven Farris, Marcus D. Williams, Jeffery Presley, Dennis Clay Brumfield. Waiver of Service due by 8/22/2005. (Attachments: # 1 cover letter)(Winter, Margaret)

Aug. 2, 2005
12

WAIVER OF SERVICE Returned Executed by Margaret Winter on behalf of Steven Farris, Marcus D. Williams, Jeffery Presley, Dennis Clay Brumfield (Winter, Margaret) Modified on 8/2/2005 (dmd, USDC).

Aug. 2, 2005
13

NOTICE by Margaret Winter on behalf of Steven Farris, Marcus D. Williams, Jeffery Presley, Dennis Clay Brumfield Notice of Voluntary Dismissal as to Certain Defendants (Winter, Margaret)

Aug. 4, 2005
14

Pro Hac Vice Fee Paid : $ $25.00, receipt number 81010 for Gouri Bhat. (dmd, USDC)

Aug. 8, 2005
15

ORDER granting 10 Motion to Appear Pro Hac Vice of Attorney Gouri Bhat. Signed by Judge Jerry A. Davis on 8/19/2005. (jkj, USDC)

Aug. 19, 2005
16

MOTION for Extension of Time to File Response/Reply as to 4 MOTION to Certify Class by Christopher Epps, Emitt Sparkman, Lawrence Kelly, Ernest Lee, Kentrell Liddell. (Clay, John)

Aug. 19, 2005
17

ANSWER to Complaint by Christopher Epps, Emitt Sparkman, Lawrence Kelly, Ernest Lee, Kentrell Liddell.(Clay, John)

Aug. 19, 2005
18

NOTICE of Attorney Appearance by Leonard Charlton Vincent on behalf of Christopher Epps, Emitt Sparkman, Lawrence Kelly, Ernest Lee, Kentrell Liddell (Vincent, Leonard)

Aug. 19, 2005
19

ORDER granting defendants' 16 Motion for Extension of Time to File Response to plaintiffs' 4 MOTION to Certify Class. Responses due by 11/1/2005. Signed by Judge Michael P. Mills on 9/14/05. (lpm, USDC)

Sept. 14, 2005
20

NOTICE of Settlement Conference set for 11/22/2005 at 10:00 AM in Aberdeen Courtroom 3 before Mag. Judge Jerry A. Davis. (egs, USDC)

Oct. 12, 2005
21

MOTION to Appear Pro Hac Vice ; Attorney Margaret Winter, by all plaintiffs. (Winter, Margaret)

Dec. 5, 2005
22

ORDER granting 21 Motion to Appear Pro Hac Vice of Attorney Margaret Winter. Signed by Judge Jerry A. Davis on 12/13/2005. (jkj, USDC)

Dec. 13, 2005

Pro Hac Vice Fee Paid for Margaret Winter: $ 25.00, receipt number 82238 (nsm, USDC)

Dec. 21, 2005
37

Objection by Trent Eason. (nsm, USDC) (Entered: 03/30/2006)

Jan. 19, 2006
23

NOTICE OF FAIRNESS HEARING set for 3/30/2006, at 10:00 a.m. in Aberdeen, before Judge Jerry A. Davis in his chambers (jkj, USDC)

Feb. 21, 2006
24

ORDER on Joint Ore Tenus Motion for Preliminary Approval of Proposed Consent Decree. Signed by Judge Jerry A. Davis on 3/6/2006. (Attachments: # 1)(jkj, USDC)

March 6, 2006
25

ORDER finding as moot 4 Motion to Certify Class . Signed by Judge Michael P. Mills on 3/10/06. (lpm, USDC)

March 10, 2006
26

NOTICE of Fairness Hearing reset for 4/28/2006 at 09:30 AM in Aberdeen Courtroom 3 before Mag. Judge Jerry A. Davis. (egs, USDC)

March 22, 2006
27

Objection to Settlement Agreement (gpk, USDC) (Entered: 03/27/2006)

March 23, 2006
32

Objection by Quincy Smothers to Class Action Suit by the ACLU. (nsm, USDC) (Entered: 03/30/2006)

March 23, 2006
34

Objection to the Proposed Consent Decree by Dempsey Bruner. (nsm, USDC) (Entered: 03/30/2006)

March 23, 2006
35

Objection to the Proposed Concent Decree by Reginald Reed. (nsm, USDC) (Entered: 03/30/2006)

March 23, 2006
36

Objections to Consent Decree by Bertram McManis. (nsm, USDC) (Entered: 03/30/2006)

March 23, 2006
28

Objection to Settlement Agreement by Alchello House(gpk, USDC)

March 27, 2006
29

Objections by Nathaniel Hughes to the Proposed Consent Decree. (gpk, USDC)

March 28, 2006
30

Objections to the Settlement Agreement by Fasaha Al 'Fatah. (gpk, USDC) Modified on 3/28/2006 (mhg, USDC).

March 28, 2006
31

Objection to Proposed Consent Decree by Keith Brooks. (nsm, USDC) Modified on 3/30/2006 (nsm, USDC). (Entered: 03/30/2006)

March 29, 2006
38

Objection to Settlement and Proposed Consent Decree Agreement by Rockie D. Pickens. (jb, USDC) (Entered: 04/03/2006)

March 31, 2006
39

MOTION for Settlement Approval by all plaintiffs. (Bhat, Gouri)

April 26, 2006
40

ORDER granting 39 Motion for Settlement . Signed by Judge Jerry A. Davis on 4/28/06. (Attachments: # 1 Attachment) (egs, USDC)

April 28, 2006
41

Minute Entry for proceedings held before Judge Jerry A. Davis : Motion Hearing held on 4/28/2006. (Court Reporter Deborah White.) (egs, USDC)

April 28, 2006
42

CONSENT to Jurisdiction by US Magistrate Judge. Case reassigned to Magistrate Judge Jerry A. Davis. (dmd, USDC) (Entered: 05/03/2006)

May 1, 2006
43

Remark: Mail received from Lonnie Banks on 5/12/2006) forwarded to plaintiffs' counsel. (jkj, USDC)

May 17, 2006
44

Remark: Received mail from LaCarter S. Moore #65766 and forwarded to plaintiffs' counsel. (jkj, USDC)

May 18, 2006
45

Remark: Received mail from H. Trent Eason on 5/19/2006. Forwarded to plaintiffs' counsel via cm/ecf. (jkj, USDC)

May 24, 2006
46

ORDER denying pleadings attached. The redress petitioner Lonnie Banks is seeking may be sought through an individually filed lawsuit. Original documents returned to petitioner. Signed by Judge Jerry A. Davis on 5/26/2006. (Attachments: # 1 # 2)(jkj, USDC)

May 26, 2006
47

Remark: Letter from Roger Morrison, MSP # 26705, received on 6/2/2006. (jkj, USDC)

June 6, 2006
48

Remark: Received correspondence from John Frierson, MSP #77329 for review by plaintiffs' counsel. (Attachments: # 1 2 of 3# 2 3 of 3) (jkj, USDC)

June 13, 2006
49

Remark: Received mail from Lonnie Banks on 1/23/2006. (jkj, USDC)

June 26, 2006
50

Remark: Received correspondence from Jimmy Turner #57300. (jkj, USDC)

July 17, 2006
51

Remark: Received correspondence from Jonathan Anderson #R6470. (jkj, USDC)

July 20, 2006
52

Remark: Received correspondence from Jimmy Turner #57300. (jkj, USDC)

Aug. 23, 2006
53

Remark: Received correspondence from Ulysses Bownes, #20115. (jkj, USDC)

Sept. 12, 2006
54

Remark: Received correspondence from Jimmy Turner #57300. (jkj, USDC)

Sept. 12, 2006
55

Remark: Received correspondence from Cedric King. (jkj, USDC)

Sept. 12, 2006
56

Remark: Received correspondence from Jeffrey Presley. (jkj, USDC)

Oct. 17, 2006
58

MOTION for Contempt Memorandum in Support of Plaintiffs 57 Motion for Civil Contempt Sanctions and for Other Equitable Relief by all plaintiffs. (Bhat, Gouri) Modified on 11/22/2006 (gpk, USDC).

Nov. 21, 2006
59

MOTION for Contempt Declaration of Counsel in Support of Plaintiffs Motion 57 for Civil Contempt Sanctions and for Other Equitable Relief, and attached Exhibits A−F by all plaintiffs. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F)(Bhat, Gouri) Modified on 11/22/2006 (gpk, USDC).

Nov. 21, 2006
60

MOTION for Contempt[ 57] Certificate of Service by all plaintiffs. (Bhat, Gouri) Modified on 11/22/2006 (gpk, USDC).

Nov. 21, 2006

NOTICE OF CORRECTION re 57 MOTION for Contempt Sanctions and for Other Equitable Relief to Compel Defendants Compliance With Consent Decree Provisions on Medical and Mental Health Care Supporting Documents 58 , 59 , 60 filed as Motions. (gpk, USDC)

Nov. 22, 2006
61

RESPONSE to Motion re 57 MOTION for Contempt Sanctions and for Other Equitable Relief to Compel Defendants? Compliance With Consent Decree Provisions on Medical and Mental Health Care filed by Christopher Epps, Emitt Sparkman, Lawrence Kelly, Ernest Lee, Kentrell Liddell. (Attachments: # 1 Exhibit Letter from Leonard Vincent, Esq.)(Clay, John)

Dec. 6, 2006
62

REPLY to Response to Motion re 57 MOTION for Contempt Sanctions and for Other Equitable Relief to Compel Defendants? Compliance With Consent Decree Provisions on Medical and Mental Health Care filed by Jeffery Presley. (Attachments: # 1 Affidavit Supplemental Declaration of Counsel# 2 Exhibit G# 3 Exhibit H# 4 Exhibit I# 5 Exhibit J# 6 Exhibit K# 7 Exhibit L# 8 Certificate of Service)(Bhat, Gouri)

Dec. 12, 2006
63

NOTICE of Telephonic Conference set for 2/1/2007 at 01:30 PM in Judge Davis Chambers before Mag. Judge Jerry A. Davis. (egs, USDC)

Jan. 30, 2007
64

Minute Entry for proceedings held before Judge Jerry A. Davis : Telephone Conference held on 2/1/2007. (egs, USDC)

Feb. 1, 2007
65

NOTICE of Hearing: Evidentiary Hearing set for 4/4/2007 at 10:00 AM in Aberdeen Courtroom 3 before Mag. Judge Jerry A. Davis. (egs, USDC)

March 19, 2007
66

Writ of Habeas Corpus ad Testificandum Issued as to Steven Farris and Marcus D. Williams for April 4, 2007. (egs, USDC)

March 30, 2007
67

Minute Entry for proceedings held before Judge Jerry A. Davis : Evidentiary Hearing held on 4/4/2007. (Court Reporter Rita Sisk.) (egs, USDC) (Entered: 04/09/2007)

April 4, 2007
68

Witness List to Evidentiary Hearing held on 4/4/07. (egs, USDC) (Entered: 04/09/2007)

April 4, 2007
69

Exhibit List to Evidentiary Hearing held on 4/4/07 (Exhibits on file in the Clerk's Office). (egs, USDC) (Entered: 04/09/2007)

April 4, 2007
70

Supplemental Consent Decree for Medical Care . Signed by Judge Jerry A. Davis on 4/16/07. (egs, USDC)

April 16, 2007
71

First MOTION to Continue Follow−Up Conference Scheduled June 1, 2007 by Christopher Epps, Emitt Sparkman, Lawrence Kelly, Ernest Lee, Kentrell Liddell. (Vincent, Leonard)

May 18, 2007
72

ORDER granting 71 Motion to Continue Follow−Up Conference presently set for June 1, 2007, until further order. Signed by Judge Jerry A. Davis on 5/18/2007. (jkj, USDC)

May 18, 2007
74

MEMORANDUM IN SUPPORT re 73 MOTION to Compel Compliance With Consent Decree Provisions on Excessive Force and to Consolidate With Plaintiffs' Pending Motion to Compel Compliance With Consent Decree Provisions on Treatment of the Mentally Ill . (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I) (Winter, Margaret)

May 21, 2007
75

AFFIDAVIT re 73 MOTION to Compel Compliance With Consent Decree Provisions on Excessive Force and to Consolidate With Plaintiffs' Pending Motion to Compel Compliance With Consent Decree Provisions on Treatment of the Mentally Ill (Declaration of Lawrence Caldwell) . (Winter, Margaret)

May 21, 2007
76

EXHIBIT re 74 Memorandum in Support, 75 Affidavit, 73 MOTION to Compel Compliance With Consent Decree Provisions on Excessive Force and to Consolidate With Plaintiffs' Pending Motion to Compel Compliance With Consent Decree Provisions on Treatment of the Mentally Ill . (Winter, Margaret)

May 21, 2007
77

RESPONSE to Motion re 73 MOTION to Compel Compliance With Consent Decree Provisions on Excessive Force and to Consolidate With Plaintiffs' Pending Motion to Compel Compliance With Consent Decree Provisions on Treatment of the Mentally Ill filed by Christopher Epps, Emitt Sparkman, Lawrence Kelly, Ernest Lee, Kentrell Liddell. (Attachments: # 1 Exhibit # 2 Exhibit) (Clay, John)

May 30, 2007
78

Remark: Received two letters from Steven Farris, #R5580. (jkj, USDC)

June 27, 2007
79

NOTICE by Margaret Winter on behalf of Steven Farris (Winter, Margaret)

June 29, 2007
80

NOTICE of Settlement Conference/ Evidentiary Hearing on Plaintiffs' motion for contempt set for 11/15/2007 at 10:00 AM in Aberdeen Courtroom 3 before Mag. Judge Jerry A. Davis. (egs, USDC)

Aug. 21, 2007
81

MOTION To Schedule an Evidentiary Hearing Regarding Classification and Related Issues re 74 Memorandum in Support, 60 MOTION for Contempt Certificate of Service , 67 Evidentiary Hearing, 76 Exhibits to Other Document, 59 MOTION for Contempt Declaration of Counsel in Support of Plaintiffs? Motion for Civil Contempt Sanctions and for Other Equitable Relief, and attached Exhibits A−F MOTION for Contempt Declaration of Counsel in Support of Plaintiffs? Motion for Civil Contempt Sanctions and for Other Equitable Relief, and attached Exhibits A−F , 57 MOTION for Contempt Sanctions and for Other Equitable Relief to Compel Defendants? Compliance With Consent Decree Provisions on Medical and Mental Health Care , 75 Affidavit, 58 MOTION for Contempt Memorandum in Support of Plaintiffs? Motion for Civil Contempt Sanctions and for Other Equitable Relief , 61 Response to Motion, 62 Reply to Response to Motion, 65 Notice of Hearing, 77 Response to Motion, 73 MOTION to Compel Compliance With Consent Decree Provisions on Excessive Force and to Consolidate With Plaintiffs' Pending Motion to Compel Compliance With Consent Decree Provisions on Treatment of the Mentally Ill , 80 Notice of Hearing by Jeffery Presley. (Winter, Margaret)

Sept. 24, 2007
82

RESPONSE to Motion re 81 MOTION To Schedule an Evidentiary Hearing Regarding Classification and Related Issues re 74 Memorandum in Support, 60 MOTION for Contempt Certificate of Service , 67 Evidentiary Hearing, 76 Exhibits to Other Document, 59 MOTION for Con MOTION To Schedule an Evidentiary Hearing Regarding Classification and Related Issues re 74 Memorandum in Support, 60 MOTION for Contempt Certificate of Service , 67 Evidentiary Hearing, 76 Exhibits to Other Document, 59 MOTION for Con MOTION To Schedule an Evidentiary Hearing Regarding Classification and Related Issues re 74 Memorandum in Support, 60 MOTION for Contempt Certificate of Service , 67 Evidentiary Hearing, 76 Exhibits to Other Document, 59 MOTION for Con MOTION To Schedule an Evidentiary Hearing Regarding Classification and Related Issues re 74 Memorandum in Support, 60 MOTION for Contempt Certificate of Service , 67 Evidentiary Hearing, 76 Exhibits to Other Document, 59 MOTION for Con MOTION To Schedule an Evidentiary Hearing Regarding Classification and Related Issues re 74 Memorandum in Support, 60 MOTION for Contempt Certificate of Service , 67 Evidentiary Hearing, 76 Exhibits to Other Document, 59 MOTION for Con MOTION To Schedule an Evidentiary Hearing Regarding Classification and Related Issues re 74 Memorandum in Support, 60 MOTION for Contempt Certificate of Service , 67 Evidentiary Hearing, 76 Exhibits to Other Document, 59 MOTION for Con filed by Christopher Epps, Emitt Sparkman, Lawrence Kelly, Ernest Lee, Kentrell Liddell. (Clay, John)

Sept. 28, 2007
83

MOTION for Discovery FOR AN ORDER DIRECTING DEFENDANT EPPS TO PERMIT ENTRY UPON LAND PURSUANT TO RULE 34 (a) (2), F. R. CIV. P. by all plaintiffs. (Attachments: # 1 Exhibit Residential Services Agreement Between MDOC and EMCF Authority) (Winter, Margaret)

Oct. 19, 2007
84

RESPONSE to Motion re 83 MOTION for Discovery FOR AN ORDER DIRECTING DEFENDANT EPPS TO PERMIT ENTRY UPON LAND PURSUANT TO RULE 34 (a) (2), F. R. CIV. P. MOTION for Discovery FOR AN ORDER DIRECTING DEFENDANT EPPS TO PERMIT ENTRY UPON LAND PURSUANT TO RULE 34 (a) (2), F. R. CIV. P. filed by Christopher Epps, Emitt Sparkman, Lawrence Kelly, Ernest Lee, Kentrell Liddell. (Attachments: # 1 Exhibit Composite of Court's Orders) (Clay, John)

Oct. 29, 2007

Pro Hac Vice Fee Paid for LaKeytria W. Felder: $ $100.00, receipt number 86002 (order motion and oral order at Evidentiary hearing held 4/4/2007 before Mag Judge Davis) (dlh, USDC)

Nov. 5, 2007
85

REPLY to Response to Motion re 83 MOTION for Discovery FOR AN ORDER DIRECTING DEFENDANT EPPS TO PERMIT ENTRY UPON LAND PURSUANT TO RULE 34 (a) (2), F. R. CIV. P. MOTION for Discovery FOR AN ORDER DIRECTING DEFENDANT EPPS TO PERMIT ENTRY UPON LAND PURSUANT TO RULE 34 (a) (2), F. R. CIV. P. filed by Steven Farris, Marcus D. Williams, Jeffery Presley, Dennis Clay Brumfield. (Hanlon, Stephen)

Nov. 8, 2007
86

NOTICE by Margaret Winter on behalf of Steven Farris NOTICE OF FILING EXPERT REPORTS (Attachments: # 1 Exhibit Austin November 2007 Classification Report# 2 Exhibit Austin January 2007 Classification Report# 3 Exhibit Austin August 2007 Classification Report# 4 Exhibit McGinnis 2007 Use of Force Report# 5 Exhibit McGinnis 2007 Use of Force Incidents Chart# 6 Exhibit McGinnis 2007 Security Staffing Review# 7 Exhibit McGinnis 2007 Recommended Staffing Roster# 8 Exhibit McGinnis 2007 STG Report) (Winter, Margaret)

Nov. 13, 2007
87

Writ of Habeas Corpus ad Testificandum Issued as to Steven Farris for 11/15/07. (egs, USDC)

Nov. 13, 2007
88

NOTICE by Margaret Winter on behalf of Steven Farris NOTICE OF PROPOSED SUPPLEMENTAL CONSENT DECREE (Attachments: # 1 Exhibit PARTIES' PROPOSED SUPPLEMENTAL CONSENT DECREE ON MENTAL HEALTH, USE OF FORCE, AND CLASSIFICATION) (Winter, Margaret)

Nov. 13, 2007
89

Minute Entry for proceedings held before Judge Jerry A. Davis : Settlement Conference held on 11/15/2007. (Court Reporter Rita Sisk.) (egs, USDC)

Nov. 15, 2007
90

Supplemental Consent Decree. Signed by Judge Jerry A. Davis on 11/15/07. (egs, USDC)

Nov. 15, 2007
91

Writ of Habeas Corpus ad Testificandum for Steven Farris Returned Executed on 11/15/2007. (rcm) (Entered: 11/29/2007)

Nov. 27, 2007
92

MOTION for Attorney Fees Motion for Attorneys' Fees, Experts' Fees and Other Litigation Costs by all plaintiffs. (Winter, Margaret)

Nov. 29, 2007
93

RESPONSE to Motion re 92 MOTION for Attorney Fees Motion for Attorneys' Fees, Experts' Fees and Other Litigation Costs filed by Christopher Epps, Emitt Sparkman, Lawrence Kelly, Ernest Lee, Kentrell Liddell. (Clay, John)

Dec. 4, 2007

TRANSCRIPT of Settlement Conference/Evidentiary Hearing on Plaintiff's Motion for Contempt held on 11/15/07 before Judge Jerry A. Davis. Court

Dec. 7, 2007
95

AFFIDAVIT re 94 Memorandum in Support of Plaintiffs Motion for Attorneys' Fees and Expenses . (Attachments: # 1 Exhibit NPP Attorneys' Hours and Fees# 2 Exhibit NPP Litigation Expenses# 3 Exhibit 2004 − 2006 NPP Fees and Expenses) (Hanlon, Stephen)

Jan. 28, 2008
96

AFFIDAVIT re 94 Memorandum in Support of Plaintiffs' Motion for Attorneys' Fees and Expenses . (Hanlon, Stephen)

Jan. 28, 2008

State / Territory: Mississippi

Case Type(s):

Prison Conditions

Special Collection(s):

Solitary confinement

Strip Search Cases

Key Dates

Filing Date: June 22, 2005

Closing Date: 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Inmates confined in Unit 32 of the Mississippi State Penitentiary in Parchman, Mississippi.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

ACLU National (all projects)

ACLU National Prison Project

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Mississippi Department of Corrections (Parchman), State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 295,000

Order Duration: 2006 - 2011

Content of Injunction:

Monitoring

Issues

General:

Administrative segregation

Assault/abuse by residents/inmates/students

Bathing and hygiene

Disciplinary segregation

Education

Recreation / Exercise

Religious programs / policies

Restraints : chemical

Restraints : physical

Sanitation / living conditions

Search policies

Solitary confinement/Supermax (conditions or process)

Strip search policy

Suicide prevention

Totality of conditions

Affected Gender:

Male

Medical/Mental Health:

Dental care

HIV/AIDS

Medical care, general

Mental health care, general

Suicide prevention

Type of Facility:

Government-run