Case: Jones v. Mabry

5:78-cv-00113 | U.S. District Court for the Eastern District of Arkansas

Filed Date: July 21, 1978

Closed Date: 1999

Clearinghouse coding complete

Case Summary

On July 21, 1978, Arkansas prisoners filed a pro se class action lawsuit under 42 U.S.C. § 1983 against the Arkansas Department of Corrections in the U.S. District Court for the Eastern District of Arkansas. The prisoners alleged that their constitutional rights had been violated by the Arkansas prisons' hair length requirements, which conflicted with the exercise of their religious beliefs. In 1979, the parties entered into a settlement agreement, in which the defendants agreed that no stand…

On July 21, 1978, Arkansas prisoners filed a pro se class action lawsuit under 42 U.S.C. § 1983 against the Arkansas Department of Corrections in the U.S. District Court for the Eastern District of Arkansas. The prisoners alleged that their constitutional rights had been violated by the Arkansas prisons' hair length requirements, which conflicted with the exercise of their religious beliefs. In 1979, the parties entered into a settlement agreement, in which the defendants agreed that no standard hair length or styles would be required of the inmates.

In 1998, the Arkansas Department of Corrections enacted a new grooming policy, which standardized hair length and prohibited beards. On April 29, 1998, members of the 1978 class action lawsuit moved for contempt or breach of the settlement agreement; defendants responded by asking the court to terminate the settlement agreement pursuant to the Prison Litigation Reform Act (PLRA) of 1995. On November 24, 1998, Magistrate Judge H. David Young recommended that the court decide for the defendants. On December 9, 1998, Judge Henry Woods agreed, and terminated the settlement agreement. The plaintiffs appealed the termination.

On December 6, 1999, the U.S. Court of Appeals for the Eighth Circuit (Judge Pasco M. Bowman II, Judge George G. Fagg, and Judge Diana E. Murphy) issued a per curiam opinion affirming the district court's termination of the settlement agreement. Jones v. Mabry 205 F.3d 1346 (8th Cir. 1999).

Summary Authors

Kristen Sagar (3/11/2006)

Jessica Kincaid (3/15/2015)

People


Judge(s)

Bowman, Pasco Middleton II (Missouri)

Fagg, George Gardner (Iowa)

Attorney for Defendant

Brown, Darrell F. (Arkansas)

Hardage, Albert Carter (Arkansas)

Merritt, Sara F. (Arkansas)

Documents in the Clearinghouse

Documents in this case

5:79-cv-00054

DOCKET [PACER]

July 14, 1998

July 14, 1998

Docket

5:78-cv-00113

Docket (PACER)

Jan. 18, 2000

Jan. 18, 2000

Docket
518

5:78-cv-00113

Findings and Recomendations

Nov. 24, 1998

Nov. 24, 1998

Magistrate Report/Recommendation
521

5:78-cv-00113

Order [Regarding Findings and Recommendations]

Dec. 9, 1998

Dec. 9, 1998

Order/Opinion

99-01396

Unpublished Opinion

U.S. Court of Appeals for the Eighth Circuit

Dec. 6, 1999

Dec. 6, 1999

Order/Opinion

205 F.3d 1346

Docket

Last updated March 24, 2025, 8:06 a.m.

ECF Number Date Description Link
June 6, 1979

Docket Modification (Utility Event) Case consolidated 5:78−cv−113 with member cases 5:79−cv−54 (bsm) (Entered: 06/29/1998)

PACER
Oct. 31, 1979

Docket Modification (Utility Event) terminating case (former empl) (Entered: 11/27/1989)

PACER
May 16, 1984

Docket Modification (Utility Event) Case reopened (former empl) (Entered: 11/27/1989)

PACER
April 22, 1987

Docket Modification (Utility Event) terminating case (former empl) (Entered: 11/27/1989)

PACER
434 July 27, 1989

MOTION by plaintiff Larry W Jones for order to show cause , and for contempt citation, breach of contract injunctive and monetary relief. (maj) (Entered: 10/26/1989)

PACER
435 Oct. 6, 1989

ORDER by Magistrate H. D. Young deft to file response to motion for order to show cause [434−1] by 10/16/89; deft to file response to motion for contempt citation, breach of contract injunctive and monetary relief [434−2] by 10/16/89 (cc: all counsel) (maj) (Entered: 10/26/1989)

PACER
436 Oct. 13, 1989

MOTION by A L Lockhart to extend time to respond to Jones' Motion for Order to show Cause and for Contempt. (maj) (Entered: 10/26/1989)

PACER
437 Oct. 17, 1989

ORDER by Judge Henry Woods granting motion to extend time to respond to Jones' Motion for Order to show Cause and for Contempt [436−1] [434−1] [434−2] (cc: all counsel) (maj) Modified on 03/02/1998 (Entered: 10/26/1989)

PACER
438 Nov. 2, 1989

Response by defendant to motion for order to show cause and for contempt [434−1] [434−2] (bsm) Modified on 03/02/1998 (Entered: 11/08/1989)

PACER
440 Dec. 13, 1989

Partial Recommended Disposition by Magistrate H. D. Young concerning motion for contempt citation, breach of contract injunctive and monetary relief; recommended that mot to hold A.L. Lockhart in contempt be denied; obj due 12/24/89 [434−2] (bsm) Modified on 03/02/1998 (Entered: 12/13/1989)

PACER
441 Dec. 26, 1989

OBJECTIONS by plaintiff Larry W Jones to Recommended Disposition [440−1] [440−2] (bsm) Modified on 03/02/1998 (Entered: 12/27/1989)

PACER
441 Dec. 26, 1989

MOTION by plaintiff Larry W Jones for evidentiary hearing (bsm) (Entered: 12/27/1989)

PACER
442 Dec. 27, 1989

ORDER by Judge Henry Woods denying Partial Recommended Disposition [440−1] [440−2] (cc: all counsel) (bsm) Modified on 03/02/1998 (Entered: 12/27/1989)

PACER
443 Jan. 16, 1990

Notice of appeal by plaintiff Larry W Jones from Dist. Court decision [442−1] (dac) (Entered: 01/16/1990)

PACER
443 Jan. 16, 1990

Appellant's Designation of Record by plaintiff Larry W Jones (dac) (Entered: 01/16/1990)

PACER
444 Jan. 19, 1990

Mail Returned addressed to Billy Ray Brock, in re. notice of appeal. (dac) (Entered: 01/19/1990)

PACER
Jan. 26, 1990

DOCKETING LETTER: 8 USCA Number 90−1137EA; court will consider this appeal on the original file of the district court. The clerk of the district court is requested to forward the original file to this Court forthwith. (dac) (Entered: 01/26/1990)

PACER
Jan. 26, 1990

DOCKET NOTE: 3 vols. original files forwarded to 8th Cir. (dac) (Entered: 01/26/1990)

PACER
445 April 24, 1990

MANDATE from 8 USCA dismissing the appeal for failure to prosecute. [443−1] (dac) (Entered: 04/24/1990)

PACER
April 24, 1990

DOCKET NOTE: original files returned from 8th Cir. (dac) (Entered: 04/24/1990)

PACER
446 April 27, 1990

Memo to file: finding the motion for evidentiary hearing [441−1] moot. (bsm) (Entered: 04/30/1990)

PACER
447 April 27, 1990

Memo to file: finding the motion for order to show cause [434−1] moot. finding the motion for contempt citation, breach of contract injunctive and monetary relief. [434−2] moot. (bsm) (Entered: 04/30/1990)

PACER
448 Feb. 27, 1998

NOTICE by Larry W Jones of change of address to Maximum Security Unit (bsm) (Entered: 03/02/1998)

PACER
449 April 29, 1998

MOTION by pltf Larry W Jones for temporary restraining order , and for preliminary injunction , and/or for other appropriate order (bsm) (Entered: 04/29/1998)

PACER
450 April 29, 1998

MOTION by pltf Larry W Jones for contempt , and/or breach of contract citation and for other relief (bsm) (Entered: 04/29/1998)

PACER
451 April 29, 1998

NOTICE by Larry W Jones of filing of copy of letter sent to Winston Bryant (bsm) (Entered: 04/29/1998)

PACER
452 April 30, 1998

ORDER by Judge Henry Woods referring to Mag. Judge H. D. Young pltf's motion for contempt [450−1] and/or breach of contract citation and for other relief [450−2] and the motion for temporary restraining order [449−1], preliminary injunction [449−2] and/or for other appropriate order [449−3] (cc: all counsel) (bsm) (Entered: 05/01/1998)

PACER
453 May 4, 1998

MOTION by Roesevelt Hayes for contempt, for violation of Court Order and mediated settlement agreement (bsm) (Entered: 05/05/1998)

PACER
455 May 12, 1998

RESPONSE by defendants to motion for contempt [450−1] and/or breach of contract [450−2] (bsm) (Entered: 06/15/1998)

PACER
456 May 12, 1998

BRIEF by defendants in support of response to motion for contempt and/or breach of contract [455−1] (bsm) (Entered: 06/15/1998)

PACER
457 May 18, 1998

AMENDED MOTION by plaintiff for contempt and/or breach of contract citation and for other relief (bsm) (Entered: 05/20/1998)

PACER
458 May 28, 1998

MOTION by Larry W Jones to require service (bsm) (Entered: 05/28/1998)

PACER
459 June 2, 1998

MOTION by defendants to substitute attorney Sara F. Merritt in place of A. Carter Hardage (bsm) (Entered: 06/03/1998)

PACER
460 June 4, 1998

MOTION by mov Roesevelt Hayes to amend allegations of original motion for contempt (bsm) (Entered: 06/04/1998)

PACER
461 June 4, 1998

MOTION by mov Roesevelt Hayes for a copy of Respondent's "Response to motion for contempt" , and to extend time to respond to same (bsm) (Entered: 06/04/1998)

PACER
462 June 5, 1998

RESPONSE by defendant to motion to require service [458−1] (bsm) (Entered: 06/05/1998)

PACER
463 June 5, 1998

RESPONSE by defendants to motion for a copy of Respondent's "Response to motion for contempt" [461−1] and for an extension of time to respond to same [461−2] (bsm) (Entered: 06/05/1998)

PACER
464 June 9, 1998

RESPONSE by defts Larry Norris and Greg Harmon to motion for an Order to show cause to punish for contempt, for violation of Court Order and mediated settlement agreement [453−1] (bsm) (Entered: 06/15/1998)

PACER
465 June 9, 1998

BRIEF by defts Larry Norris and Greg Harmon in support of response to motion for an order to show cause to punish for contempt, for violation of court order and mediated settlement agreement [464−1] (bsm) Modified on 06/16/1998 (Entered: 06/15/1998)

PACER
466 June 11, 1998

WITHDRAWAL by pltf Larry W Jones of motion to require service [458−1] (bsm) Modified on 06/15/1998 (Entered: 06/15/1998)

PACER
467 June 11, 1998

REPLY by pltf Larry W Jones to response to motion for contempt [450−1] and/or breach of contract [450−2] (bsm) (Entered: 06/15/1998)

PACER
468 June 12, 1998

RESPONSE by mov Roesevelt Hayes to deft's response to motion for contempt [450−1] [450−2] (bsm) (Entered: 06/15/1998)

PACER
469 June 22, 1998

MOTION by mov Winston Holloway to reopen the case , and for sanctions (bsm) (Entered: 06/24/1998)

PACER
470 June 22, 1998

BRIEF by mov Winston Holloway in support of motion to reopen the case [469−1] and for sanctions on defts [469−2] (bsm) (Entered: 06/24/1998)

PACER
471 June 22, 1998

MOTION by mov Donald R Peterson for contempt , and/or breach of contract citation (bsm) (Entered: 06/24/1998)

PACER
472 June 26, 1998

RESPONSE by defts Larry Norris and Greg Harmon to motion to reopen the case [469−1] and for sanctions [469−2] (bsm) (Entered: 06/29/1998)

PACER
473 June 26, 1998

BRIEF by defts Larry Norris and Greg Harmon in support of response to motion to reopen complt and for sanctions on defts [472−1] (bsm) (Entered: 06/30/1998)

PACER
474 July 1, 1998

MOTION by Larry Green for contempt citation (bsm) (Entered: 07/02/1998)

PACER
475 July 8, 1998

REQUEST by pltf Larry W Jones for admissions, interrogatories, and production of documents (bsm) (Entered: 07/09/1998)

PACER
476 July 9, 1998

REPLY by Roesevelt Hayes to deft's response to motion to reopen complt [469−1] and for sanctions on defts [469−2] (bsm) (Entered: 07/10/1998)

PACER
478 July 9, 1998

BRIEF by defts Larry Norris and Greg Harmon in support of response to motion for contempt citation [477−1] (bsm) (Entered: 07/10/1998)

PACER
479 July 14, 1998

REPLY by pltf Larry Green to response to motion for contempt citation [474−1] (bsm) (Entered: 07/15/1998)

PACER
480 July 14, 1998

ORDER by Judge Henry Woods directing all parties to file all further pleadings in this case since it is the lead case; Case No. PB−C−79−54, which was previously consolidated with PB−C−78−113, is removed from Judge James M. Moody's docket and directly assigned to Judge Woods' docket (cc: all counsel) (bsm) (Entered: 07/15/1998)

PACER
481 July 15, 1998

SUPPLEMENTAL MOTION by plaintiff Larry W Jones for contempt , and/or breach of contract citation and for other relief (bsm) (Entered: 07/16/1998)

PACER
482 July 15, 1998

MOTION by Winston Holloway for appointment of counsel (bsm) (Entered: 07/16/1998)

PACER
483 July 15, 1998

BRIEF by Winston Holloway in support of motion for appointment of counsel [482−1] (bsm) (Entered: 07/16/1998)

PACER
484 July 21, 1998

Special traverse by Winston Holloway and action Ex Delicto to deft's response and brief in support of motion to reopen complt [469−1], and for sanctions [469−2] (bsm) Modified on 07/22/1998 (Entered: 07/22/1998)

PACER
485 July 21, 1998

BRIEF by Winston Holloway in support of special traverse and action ex Delicto [484−1] (bsm) (Entered: 07/22/1998)

PACER
486 July 23, 1998

MAIL Returned addressed to Billy Ray Brock [480−1], marked "paroled" (bsm) (Entered: 07/24/1998)

PACER
487 July 27, 1998

RESPONSE by Larry Norris to motion for contempt [481−1], and/or other relief [481−2] (bsm) (Entered: 07/29/1998)

PACER
488 Aug. 4, 1998

MOTION by Winston Holloway for taking oral deposition by non−stenographic recording of defts Norris and Harmon (bsm) (Entered: 08/05/1998)

PACER
489 Aug. 6, 1998

MOTION by deft Greg Harmon for protective order (bsm) (Entered: 08/06/1998)

PACER
490 Aug. 6, 1998

RESPONSE by defts to pltf's interrogatories and request for production of documents [475−1] (bsm) Modified on 08/06/1998 (Entered: 08/06/1998)

PACER
491 Aug. 6, 1998

RESPONSE by deft Larry Norris to pltf's request for admissions [475−1] (bsm) (Entered: 08/07/1998)

PACER
492 Aug. 24, 1998

MOTION by Winston Holloway for protective order from deft Harmon (bsm) Modified on 08/24/1998 (Entered: 08/24/1998)

PACER
493 Aug. 25, 1998

MOTION by Ronnie Briggs for contempt of settlement agreement , and for declaratory judgment (bsm) (Entered: 08/25/1998)

PACER
494 Aug. 25, 1998

MOTION by Ronnie Briggs for appointment of counsel (bsm) (Entered: 08/25/1998)

PACER
495 Sept. 8, 1998

RESPONSE by defts Larry Norris and Greg Harmon to motion for contempt of settlement agreement [493−1] and declaratory judgment [493−2] (bsm) (Entered: 09/09/1998)

PACER
496 Sept. 8, 1998

BRIEF by defts Larry Norris and Greg Harmon in support of response to pltf Ronnie Brigg's motion for contempt and declaratory judgment [495−1] (bsm) (Entered: 09/09/1998)

PACER
497 Sept. 11, 1998

NOTICE by Winston Holloway of change of address to Cummins Unit (bsm) (Entered: 09/14/1998)

PACER
498 Sept. 21, 1998

MOTION by defts Larry Norris and Greg Harmon for ruling , or, in the alternative for immediate termination , or modification of the settlement agreement (bsm) Modified on 09/22/1998 (Entered: 09/22/1998)

PACER
500 Sept. 24, 1998

TRAVERSE by Ronnie Briggs to the return [498−1] [498−2] [498−3] (bsm) Modified on 09/25/1998 (Entered: 09/25/1998)

PACER
501 Sept. 28, 1998

ORDER by Judge Henry Woods denying oral motion to consolidate case with PB−C−98−157 (cc: all counsel) (former empl) (Entered: 09/29/1998)

PACER
502 Sept. 30, 1998

ORDER by Mag. Judge H. D. Young directing the pltfs to file a pleading opposing the motion for ruling [498−1], for immediate termination [498−2], or modification of the settlement agreement [498−3] by 10/9/98; pltf made aware of Rule 5.5(c)(2) and that failure to respond to any communication from the Court may result in dismissal without prejudice (cc: all counsel) (bsm) (Entered: 10/01/1998)

PACER
503 Oct. 2, 1998

RESPONSE by Roesevelt Hayes to motion for ruling [498−1], or in the alternative, motion for immediate termination [498−2], or modification of the settlement agreement [498−3] (bsm) (Entered: 10/05/1998)

PACER
504 Oct. 7, 1998

MAIL Returned by Billy Ray Brock marked "paroled" [502−1] [501−1] (bsm) (Entered: 10/07/1998)

PACER
505 Oct. 7, 1998

RESPONSE by Larry Green to motion for ruling [498−1], or in the alternative, for immediate termination [498−2] or modification of the settlement agreement [498−3] (bsm) (Entered: 10/07/1998)

PACER
506 Oct. 7, 1998

MOTION by Roesevelt Hayes for appointment of counsel (bsm) (Entered: 10/07/1998)

PACER
507 Oct. 7, 1998

RESPONSE by Larry W Jones to motion for ruling [498−1], or, in the altenative, motion for immediate termination [498−2], or modification of the settlement agreement [498−3] (bsm) (Entered: 10/07/1998)

PACER
508 Oct. 7, 1998

BRIEF by Larry W Jones in support of response to motion for ruling, or in the alternative, motion for immediate termination of the settlement agreement [507−1] (bsm) (Entered: 10/08/1998)

PACER
509 Oct. 7, 1998

AFFIDAVIT of Larry Wayne Jones regarding expenses for filing response to the motion [507−1] (bsm) (Entered: 10/08/1998)

PACER
510 Oct. 16, 1998

MOTION by Winston Holloway for enlargement of time to respond (bsm) (Entered: 10/19/1998)

PACER
511 Oct. 21, 1998

SUPPLEMENT TO MOTION by Roesevelt Hayes for contempt to add allegation of relatiation and harassment by Warden Greg Harmon (bsm) (Entered: 10/21/1998)

PACER
512 Nov. 3, 1998

MOTION by movant Ronnie Briggs to extend time to respond to motion for ruling or in the alternative motion for immediate termination or modification of the settlement agreement (former empl) (Entered: 11/04/1998)

PACER
513 Nov. 3, 1998

RESPONSE by movant Ronnie Briggs to motion for ruling [498−1], for immediate termination [498−2] and for modification of settlement agreement [498−3] (former empl) (Entered: 11/04/1998)

PACER
514 Nov. 3, 1998

MOTION by movant Ronnie Briggs for immediate and separate hearing , for contempt and for sanctions (former empl) (Entered: 11/04/1998)

PACER
515 Nov. 9, 1998

MAIL Returned addressed to Billy Ray Brock [513−1] marked "paroled" (bsm) (Entered: 11/10/1998)

PACER
516 Nov. 9, 1998

ORDER by Mag. Judge H. D. Young granting motion to substitute attorney Sara F. Merritt in place of A. Carter Hardage for defts Taylor, Campbell and Mabry [459−1] (cc: all counsel) (bsm) (Entered: 11/10/1998)

PACER
517 Nov. 9, 1998

ORDER by Judge Henry Woods dismissing pltf Brock's complt without prejudice since he has failed to respond to communication from the Court and has failed to provide his current address; dismissing Billy Ray Brock as a party (cc: all counsel) (bsm) (Entered: 11/10/1998)

PACER
519 Nov. 25, 1998

BRIEF by defts Ronnie Briggs and Winston Holloway in support of traverse to defts' motion for ruling, or in the alternative, for immediate termination, or modification of the settlement agreement [503−1][500−1] (bsm) (Entered: 11/25/1998)

PACER
520 Dec. 2, 1998

OBJECTIONS by Larry W Jones to Recommended Disposition [518−1] (bsm) (Entered: 12/03/1998)

PACER
521 Dec. 9, 1998

ORDER by Judge Henry Woods adopting Recommended Disposition [518−1]; denying motion for contempt and/or breach of contract [450−1] [450−2]; granting motion for immediate termination of the 1979 Settlement Agreement under the provisions of PLRA [498−2]; all pending motions denied [514−1] [514−2] [514−3] [512−1] [510−1] [506−1] [498−1] [48−3] [494−1] [493−1] [493−2] [492−1] [489−1] [488−1] [482−1] [481−1] [481−2] [474−1] [471−1] [471−2] [469−1] [469−2] [461−1] [461−2] [460−1] [457−1] [457−2] [453−1] [449−1] [449−2] [449−3] (EOD 12/9/98) (cc: all counsel) (bsm) (Entered: 12/09/1998)

PACER
522 Dec. 9, 1998

JUDGMENT: by Judge Henry Woods pursuant to the Proposed Findings and Recommendations filed this date, complt is dismissed; relief sought denied (EOD 12/9/98) (cc: all counsel) (bsm) (Entered: 12/09/1998)

PACER
523 Dec. 16, 1998

NOTICE of appeal by movant Roesevelt Hayes from District Court decision [522−1] (cc: parties) (dac) (Entered: 12/17/1998)

PACER
524 Dec. 16, 1998

MOTION by movant Roesevelt Hayes in 5:78−cv−00113 for order for copy of Recommendations from Magistrate Young (dac) (Entered: 12/18/1998)

PACER
525 Dec. 18, 1998

NOTICE of Appeal Filing Fee Issued Filing Fee/IFP mot ddl set for 1/17/99 (cc: parties ) (dac) Modified on 12/18/1998 (Entered: 12/18/1998)

PACER
526 Dec. 30, 1998

MOTION by movant Roesevelt Hayes to dismiss appeal (dac) Modified on 12/30/1998 (Entered: 12/30/1998)

PACER
527 Jan. 8, 1999

MOTION by Ronnie Briggs, Winston Holloway for order to reduce the findings into writing (dac) (Entered: 01/11/1999)

PACER
528 Jan. 8, 1999

NOTICE of appeal by movants Ronnie Briggs, and Winston Holloway from District Court decision [522−1] (cc: parties) (dac) (Entered: 01/11/1999)

PACER
529 Jan. 11, 1999

NOTICE of Appeal Filing Fee Issued to Ronnie Briggs and Winston Holloway Filing Fee/IFP mot ddl set for 2/10/99 (cc: all local parties) (dac) (Entered: 01/11/1999)

PACER

Case Details

State / Territory:

Arkansas

Case Type(s):

Prison Conditions

Key Dates

Filing Date: July 21, 1978

Closing Date: 1999

Case Ongoing: No

Plaintiffs

Plaintiff Description:

prisoners of the state of Arkansas

Public Interest Lawyer: Unknown

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State

Arkansas Department of Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Free Exercise Clause

Other Dockets:

Eastern District of Arkansas 5:78-cv-00113

U.S. Court of Appeals for the Eighth Circuit 99-01396

Eastern District of Arkansas 5:79-cv-00054

Available Documents:

Any published opinion

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1979 - 1998

Issues

General/Misc.:

Religious programs / policies

Discrimination Basis:

Religion discrimination

Affected Sex/Gender(s):

Male

Recommended Citation