Case: Gates v. Collier [Cook]

1:71-cv-00006 | U.S. District Court for the Northern District of Mississippi

Filed Date: Feb. 8, 1971

Case Ongoing

Clearinghouse coding complete

Case Summary

On February 8, 1971, inmates at the Mississippi State Penitentiary at Parchman, Mississippi filed a class action lawsuit under 42 U.S.C. §§ 1981, 1983, 1985, and 1994, against the Penitentiary, the Mississippi Penitentiary Board and the Governor in the U.S. District Court for the Northern District of Mississippi, Greenville Division. The plaintiffs, represented by the ACLU National Prison Project and private counsel, asked the court for declaratory and injunctive relief, alleging that condition…

On February 8, 1971, inmates at the Mississippi State Penitentiary at Parchman, Mississippi filed a class action lawsuit under 42 U.S.C. §§ 1981, 1983, 1985, and 1994, against the Penitentiary, the Mississippi Penitentiary Board and the Governor in the U.S. District Court for the Northern District of Mississippi, Greenville Division. The plaintiffs, represented by the ACLU National Prison Project and private counsel, asked the court for declaratory and injunctive relief, alleging that conditions and practices in the maintenance, operation and administration of the Parchman facility violated their First, Eighth, Thirteenth and Fourteenth Amendment rights. Further, the plaintiffs alleged that black inmates were segregated and discriminated against on the basis of their race.

On August 23, 1971, the U.S. Department of Justice, Civil Rights Division was allowed to intervene. In its complaint, the government alleged that the defendants maintained a system of prison facilities segregated by race, and additionally failed to provide inmates with adequate housing, medical care, and protection from other inmates, that conditions of the sewage disposal and water systems created an immediate health hazard, and that prison officials permitted the custodial staff, including inadequately trained armed trustees, to inflict cruel and unusual punishment upon inmates.

After a full evidentiary hearing on May 15, 1972, on September 13, 1972, the District Court (Judge William Colbert Keady) issued findings of fact and conclusions of law. Gates v. Collier, 349 F. Supp. 881 (N.D. Miss. 1972). The court found the defendants practiced racial discrimination, provided inadequate physical facilities, medical facilities and protection of inmates, inadequate training to trustees, excessive disciplinary rules, punishment without adequate procedure, and unconstitutional censure of mail. The court found conditions violative of inmates' First, Sixth, Eighth and Fourteenth Amendment rights, and issued an injunctive order providing immediate, intermediate and long-range relief. The defendants appealed the Court's award of attorneys' fees as well as the Court's ruling on the merits of the case. On December 5, 1973, the Fifth Circuit Court of Appeals (Judge Elbert Tuttle) affirmed the District Court's order. Gates v. Collier, 489 F.2d 298 (5th Cir. 1973). On September 9, 1974, the Fifth Circuit denied the defendants' petition for a rehearing. Gates v. Collier, 500 F.2d 1382 (5th Cir. 1974).

On September 20, 1974, the Fifth Circuit (Judge Tuttle) affirmed the District Court's ruling on the merits. Gates v. Collier, 501 F.2d 1291 (5th Cir. 1974). The Court held that jurisdiction was proper and that conditions that deprived inmates of basic hygiene and adequate medical treatment, including solitary confinement, as well as failure to protect inmates from violence by other inmates and mail censorship, were unconstitutional.

The plaintiffs moved for further relief, alleging the defendants failed to comply with the Court's order and, on January 31, 1975, the District Court (Judge Keady) granted in part and denied in part injunctive relief. Gates v. Collier, 390 F. Supp. 482 (N.D. Miss. 1975). The Court denied some relief, holding that opening and inspecting, but not reading, inmates' mail was constitutional and that racial discrimination at the penitentiary had been mostly eliminated, but granted some relief, holding that the state's continuing failure to provide for inmates' physical health and well-being, and for adequate facilities, contravened the Eighth Amendment. The plaintiffs appealed.

On January 8, 1976, the Fifth Circuit held that the District Court's refusal to modify the previous injunctive order with respect to racial discrimination and training and its modification of the order with respect to mail regulations was not an abuse of discretion. Gates v. Collier, 525 F.2d 965 (5th Cir. 1976).

On November 19, 1976, the District Court (Judge Keady) issued a temporary restraining order enjoining enforcement of various provisions of the Mississippi Corrections Act. Gates v. Collier, 423 F. Supp 732 (N.D. Miss. 1976). The Court further requested the convening of a three-judge court to consider a more permanent injunction concerning inmate housing units that were unfit for human habitation and constitutionally condemned, as well as a ceiling on inmate population of the remaining housing units to avoid unconstitutionally intolerable overcrowding of inmates. The defendants appealed.

On March 18, 1977, the Fifth Circuit (per curiam) affirmed and remanded the case to the District Court to continue the implementation of conversion to a constitutionally permissible penal system. Gates v. Collier, 548 F.2d 1241 (5th Cir. 1977).

After the defendants moved for adoption of revised disciplinary rules, on June 30, 1978, the District Court (Judge Keady) held that revising the disciplinary rules was permissible so long as they did not infringe on the inmates' constitutional rights, and entered a modified version of the defendants' proposed revisions. Gates v. Collier, 454 F. Supp 579 (N.D. Miss. 1978). Of note, the Court held that allowing a classification officer to also serve as a disciplinary hearing officer violated the inmates' due process rights. The plaintiffs appealed.

On November 8, 1979, the Fifth Circuit (Judge Joseph Woodrow Hatchett) affirmed the District Court's adoption of the revised rules. Gates v. Collier, 606 F.2d 115 (5th Cir. 1979).

On January 6, 1983, the District Court (Judge Keady) awarded the plaintiffs attorneys' fees for class representation.

Subsequent litigation by HIV+ inmates was consolidated into this case. In that litigation, male HIV+ prisoners housed at Unit 28 of the maximum-security state prison at Parchman, Mississippi, and female HIV+ prisoners housed at the Central Mississippi Correctional Facility in Rankin County, filed a lawsuit on May 29, 1990, under 42 U.S.C. § 1983 against the Mississippi Department of Corrections in the US District Court for the Northern District of Mississippi, Greenville Division. The plaintiffs in that case, represented by the ACLU National Prison Project, alleged that all HIV+ prisoners, regardless of their offense or other classification factors, were housed at the same facility by gender, not allowed to participate in vocational and educational programs, and that living conditions and medical care were inadequate in these HIV+ segregated units. That case was consolidated with this one for having some similar questions of law. For more information on that case, see Moore v. Fordice, in the Clearinghouse.

According to the 5th Circuit in a different case, Gates v. Cook, 376 F.3d 323, in 1998, the District Court for the Northern District of Mississippi finally dismissed the action from its inactive docket as to state-owned, state-operated, and private-company-contracted facilities (not county facilities). The court also stated that it would continue to forward prisoner petitions relating to defendants' facilities to plaintiffs' class counsel.

However, litigation continued regarding compliance with court orders and issues in consolidated cases. Over the next few years, inmates were moved around to various jails and units while repairs to the Mississippi State Penitentiary were being made. The Court denied many inmates that were moved to become class members, but granted plaintiffs several post-judgment attorney fees awards over the next years.

The Moore class (of HIV+ inmates) moved to intervene in this case to challenge adequacy of class representation, but the Court denied the class's motion. The class moved the court for a preliminary injunction to provide HIV+ prisoners with adequate medical care. On July 19, 1999, the court granted this motion, requiring defendants to provide HIV+ prisoners with constitutionally adequate medical care and testing, and requiring progress reports on the implementation of the changes (the order and opinion are not available on PACER).

After alleging noncompliance with prior orders, the plaintiffs moved to supersede previous orders to allow greater inmate access to courts. The court denied this motion, but no available documents provide the court's reasoning.

The ACLU National Prison Project moved to substitute as class counsel for this litigation, though the court ordered that they could not contact inmates until it ruled on their motion. On February 2, 2000, the Court denied the ACLU National Prison Project's motion to represent the interest of HIV+ inmates at Parchman and denied plaintiff's motion to sanction the ACLU. Later, class members appealed the order prohibiting contact by the ACLU National Prison Project; during appeal, the ACLU was allowed to contact inmates only to prosecute its appeal. On February 19, 2000, the Court granted appellants' motion to stay the enforcement of the "no contact" order pending appeal. On April 30, 2001, the U.S. Court of Appeals for the Fifth Circuit vacated in part and reversed in part the February 2, 2000, decision. However, the details of the decision are not available.

In May of 2000, and for many years following, a number of jails were approved to house additional state inmates. In June of 2000, the Court granted in part a motion for writ of execution to collect contempt fines against the defendants. In the same month, the Court also granted a motion that required inmates to stay in one of the approved jails for at least 30 days to be counted in the jail's population. In September of 2000, the Court ordered the state to pay $1.8 million into the Court's account, and the Court would return $100,000 for each month that the state complied with prior orders. From October of 2000 to February of 2000, the state complied with Court orders and the Court denied plaintiffs' motion for contempt and for an order enforcing the Court's mandate, and granted defendants' motion for the return of $500,000 of the $1.8 million for compliance ($100,000 for each month). On March 30, 2001, the Court ordered the return of the remaining $1.3 million to the state, but retained the interest from the amount with the intention to use it for the plaintiffs' benefit.

This case was consolidated with a few other cases with similar issues whose dockets are not available, and on July 18, 2001, with the Givhan v. Puckett (PC-MS-0004), a case involving a class of Muslim inmates who sought religious freedom in prisons. Over the next few months, many filings were made in the consolidated cases, though the documents and details are not available.

On November 22, 2002, and on May 15, 2003, the court granted plaintiff's motions for modification of prior jail orders, but the details of the modification are not available. The following year, the court also ordered defendants to provide the appropriate amount of space for inmates as required by previous orders.

On May 21, 2003, the court ordered the defendants to remedy Eighth Amendment violations and report progress by July 7, 2003 (part of a consolidated case). Over the next year, the defendants submitted status reports to the court, and the court required the defendants not to discriminate against HIV+ inmates when deciding community work center placement; the Court also required the defendants to report inmate capacity to the Court following a June 4, 2004 status conference. On November 12, 2004, the Court denied a number of motions by class members, warning them that any further filings that are deemed frivolous by the court will count as strikes for the purpose of the Prison Litigation Reform Act (PLRA). On March 31, 2005, the court dismissed the consolidated Moore case (4:90-cv-125), finding that both the PLRA and the compliance with previous orders had provided sufficient relief for the class. Inmates who were HIV+ had been integrated into the general prison population except for housing, and discrimination with respect to services and privileges had been addressed by the defendants.

On March 6, 2006, the Court issued an order to update the April 1997 order to require facilities to more promptly respond to notices of noncompliance from the Court. Under the order, noncompliance after two notices automatically disapproved a jail for incarceration until they were reapproved for compliance. Over the next couple of years, the jails were monitored for compliance and disapproved when not in compliance. The jail order was modified again on September 26 and November 5 of 2007, the first modification required jails to obtain periodic approval from plaintiffs' counsel, and the second required jails to provide evidence of compliance whenever plaintiffs' counsel gave notice of noncompliance. On September 9, 2008, the order was modified to require defendants to pay a flat fee in advance of jail inspections to prevent manipulation by either side.

On March 10, 2011, the Court dismissed the consolidated Stevenson and Givhan cases and the portions of this case related to the state-owned and contractor facilities. The order held that county defendants would be dismissed when the state removed all state prisoners from county jails, or on July 1, 2015, whichever came first. The case was then assigned to Magistrate Judge David A. Sanders for post-judgment proceedings.

On May 29, 2012, the parties submitted a joint stipulation of dismissal without prejudice. Since then, the court has granted roughly 300 orders approving jails or prisons for housing state inmates. The most recent order granting approval occurred in 2017.

On February 25, 2018, a petitioner motioned to reinstate the class action, but it was denied on February 28, 2018. The petitioner appealed this decision and which was then denied by the U.S. Court of Appeals on September 20, 2018. There has been no further action on the docket.

Summary Authors

Josh Altman (10/6/2006)

Maurice Youkanna (7/20/2014)

Christiana Johnson (10/17/2019)

Related Cases

Givhan v. Puckett, Northern District of Mississippi (1982)

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

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

People


Judge(s)

Ainsworth, Robert Andrew Jr. (Louisiana)

Bell, Griffin Boyette (Georgia)

Benavides, Fortunato Pedro (Texas)

Brown, Paul Neeley (Texas)

Clark, Charles (Mississippi)

Coleman, James Plemon (Louisiana)

Davis, Jerry A. (Mississippi)

Garwood, William Lockhart (Texas)

Gewin, Walter Pettus (Alabama)

Hatchett, Joseph Woodrow (Florida)

Judge(s)

Ainsworth, Robert Andrew Jr. (Louisiana)

Bell, Griffin Boyette (Georgia)

Benavides, Fortunato Pedro (Texas)

Brown, Paul Neeley (Texas)

Clark, Charles (Mississippi)

Coleman, James Plemon (Louisiana)

Davis, Jerry A. (Mississippi)

Garwood, William Lockhart (Texas)

Gewin, Walter Pettus (Alabama)

Hatchett, Joseph Woodrow (Florida)

Ingraham, Joe McDonald (Texas)

Jones, Edith Hollan (Texas)

Keady, William Colbert (Mississippi)

King, Carolyn Dineen (Texas)

Politz, Henry Anthony (Louisiana)

Thornberry, William Homer (Texas)

Tuttle, Arthur J. (Michigan)

Walter, Donald Ellsworth (Louisiana)

Wisdom, John Minor (Louisiana)

Attorneys(s) for Plaintiff

Feierman, Jessica (Alabama)

Haber, Roy S. (Mississippi)

Hanlon, Stephen F (District of Columbia)

Hicks, Elizabeth Jane (Mississippi)

McDuff, Robert B. (Mississippi)

Rydzewski, Leo G. (District of Columbia)

Schmidt, Anthony Louis (Mississippi)

Slaughter-Harvey, Constance (Mississippi)

Welch, Ronald R. (Mississippi)

Winter, Margaret (District of Columbia)

Attorneys(s) for Defendant

Baughn, Darrell Clayton (Mississippi)

Broom, Haley Necaise (Mississippi)

Clay, John L. (Mississippi)

Clayton, Tacey Clark (Mississippi)

Crow, John J. Jr. (Mississippi)

Faneca, Cyril T. (Mississippi)

Garner, Sharon Marie (Mississippi)

Goff, Joseph A. (Mississippi)

Goodwin, Tommy D. (Mississippi)

Griffin, Willie (Mississippi)

Hall, Pelicia Everett (Mississippi)

Hood, Jim (Mississippi)

Irvin, Charles Baron (Mississippi)

Mapp, Jane Lanier (Mississippi)

Maxey, John L. II (Mississippi)

Moore, Mike (Mississippi)

Moss, Tyler Lloyd (Mississippi)

Munn, Elise Berry (Mississippi)

Norris, James Marshall (Mississippi)

Nowak, Anthony E. (Mississippi)

Perkins, Willie J. (Mississippi)

Ross, Tom T. Jr. (Mississippi)

Sanders, Robert E. (Mississippi)

Scott, David K. (Mississippi)

Steel, James F. (Mississippi)

Thaggard, Lee (Mississippi)

Vincent, Leonard Charlton (Mississippi)

Weissinger, Charles H. (Mississippi)

White, Walton W. (Mississippi)

Documents in the Clearinghouse

Document

1:71-cv-00006

Docket

Gates v. Collier

Feb. 2, 1998

Feb. 2, 1998

Docket

4:90-cv-00125

Docket (PACER)

Moore v. Fordice

Dec. 1, 2005

Dec. 1, 2005

Docket

4:82-cv-00064

Docket (PACER)

Givhan v. Puckett

Oct. 2, 2006

Oct. 2, 2006

Docket

1:71-cv-00006

Docket [PACER]

Gates v. Cook

Sept. 20, 2018

Sept. 20, 2018

Docket
1

1:71-cv-00006

Complaint

Gates v. Cook

Feb. 8, 1971

Feb. 8, 1971

Complaint
3

1:71-cv-00006

Findings of Fact and Conclusions of Law

Gates v. Collier

349 F.Supp. 881

Oct. 20, 1972

Oct. 20, 1972

Order/Opinion

73-01790

Opinion

Gates v. Collier

U. S. Court of Appeals for the Fifth Circuit

489 F.2d 298

Dec. 5, 1973

Dec. 5, 1973

Order/Opinion

73-01790

On Petition for Rehearing and Petition for Rehearing En Banc

Gates & U.S. v. Collier

U. S. Court of Appeals for the Fifth Circuit

500 F.2d 1382

Sept. 9, 1974

Sept. 9, 1974

Order/Opinion

73-01023

Opinion

Gates & U.S. v. Collier

U. S. Court of Appeals for the Fifth Circuit

501 F.2d 1291

Sept. 20, 1974

Sept. 20, 1974

Order/Opinion

1:71-cv-00006

Memorandum Opinion

Gates v. Collier

390 F.Supp. 482

Jan. 31, 1975

Jan. 31, 1975

Order/Opinion

Resources

Docket

Last updated June 2, 2022, 3:11 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

7

ORDER consolidated this cause w/GC82-77, etc. ( signed by Magistrate Judge on 7/26/82) (fcc) Modified on 04/05/1996 (Entered: 04/05/1996)

July 26, 1982

July 26, 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

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

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

22

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 (fcc) Modified on 04/05/1996 (Entered: 04/05/1996)

Sept. 7, 1995

Sept. 7, 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

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

35

AFFIDAVITS IN SUPPORT by Paul Flowers #79415; Henderson Sharp #46812; Tyrone Green #80786; Saleem Munin Rafiq #35789; Sebastian Ratel King #62506; Marzett Lowe #87932; Michael Johnson #41273; Dereck Stokes #87345; Tony L. Bland #24431; Lee Sharp #72030; Larry Warren #32002; Bobby Williams #34824; Taj Hassan #63416; Earnest Brandy #82878; Danny Townsend #09537; Arturn Joiner #40226; Larry Gaston #82650; David Bennett #00274; Antonio Battee #74130; Jerry D. Wilson #36853; Dennie Colston #79107; Vincent Simmons #59773; Yervin Barnett #21800; Sammuel Pitchford #43102; Napoleon Bryant #82026; Jermone Wallace #13138; Kelvin Denman #18910; John Cannon #75015; Tommy Lewis #09850; Benard Brown #48743 Re: [33-1] motion for Order to Show Cause and/or Order for Enforcement of Judgment (fcc)

Sept. 18, 1996

Sept. 18, 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

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

59

MOTION by Keith Anthony Givhan, et al for Judgment on the Pleadings of their Verified Motion for Order Awarding Atty's Fees, etc. [Note: Marked filed but inadvertently ommitted from entry] (fcc) (Entered: 12/09/1997)

May 21, 1997

May 21, 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

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

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

65

ORDER returning this cause to the Clerk for reassignment to an active U.S. District Judge. ( signed by Senior Judge L. T. Senter Jr. on 7/31/98) Date of Entry: 8/06/98 (fcc) (Entered: 08/06/1998)

Aug. 5, 1998

Aug. 5, 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

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

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

80

MOTION to Intervene by to case(s) 4:82-cv-00064, John B. Irving III in 4:82-cv-00064, Chandler Clemons in 4:82-cv-00064, James Lee Lewis in 4:82-cv-00064, Mark Stevens in 4:82-cv-00064, Raymond Greason in 4:82-cv-00064, Jimmy Powell in 4:82-cv-00064, Akeem Rasheed in 4:82-cv-00064, L. V. Johnson in 4:82-cv-00064, Riley H. McLeod in 4:82-cv-00064, Jerry Franklin in 4:82-cv-00064 (fcc) (Entered: 10/07/2002)

Oct. 4, 2002

Oct. 4, 2002

81

ORDER denying [80-1] motion to Intervene by to case(s) 4:82-cv-00064, John B. Irving III in 4:82-cv-00064, Chandler Clemons in 4:82-cv-00064, James Lee Lewis in 4:82-cv-00064, Mark Stevens in 4:82-cv-00064, Raymond Greason in 4:82-cv-00064, Jimmy Powell in 4:82-cv-00064, Akeem Rasheed in 4:82-cv-00064, L. V. Johnson in 4:82-cv-00064, Riley H. McLeod in 4:82-cv-00064, Jerry Franklin in 4:82-cv-00064 ( signed by Magistrate Judge Jerry A. Davis on 10/3/02) Date of Entry: 10/07/02 (fcc) (Entered: 10/07/2002)

Oct. 4, 2002

Oct. 4, 2002

82

MOTION to Intervene to File Motion for Contempt of Court and Injunctive Relief on behalf of Muslim Inmates by Douglas Taylor, et al to case(s) 4:82-cv-00064, Douglas Taylor, et al in 4:82-cv-00064 (fcc)

Dec. 10, 2003

Dec. 10, 2003

Case Details

State / Territory: Mississippi

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Feb. 8, 1971

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Prisoners in the Mississippi Department of Corrections facility at Parchman.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

ACLU National Prison Project

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Mississippi (Parchman), State

Defendant Type(s):

Corrections

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

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

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Order Duration: 1972 - None

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Preliminary relief granted

Issues

General:

Access to lawyers or judicial system

Assault/abuse by residents/inmates/students

Assault/abuse by staff

Bathing and hygiene

Classification / placement

Conditions of confinement

Disciplinary procedures

Disciplinary segregation

Failure to discipline

Failure to supervise

Failure to train

Food service / nutrition / hydration

Good time

Mail

Racial segregation

Record-keeping

Religious programs / policies

Sanitation / living conditions

Sexual abuse by residents/inmates

Staff (number, training, qualifications, wages)

Totality of conditions

Crowding:

Crowding / caseload

Pre-PLRA Population Cap

Discrimination-basis:

Race discrimination

Race:

Black

Affected Gender:

Male

Medical/Mental Health:

HIV/AIDS

Medical care, general

Type of Facility:

Government-run