Case: Moore v. Fordice

4:90-cv-00125 | U.S. District Court for the Northern District of Mississippi

Filed Date: May 29, 1990

Closed Date: 2005

Clearinghouse coding complete

Case Summary

On May 29, 1990, HIV-positive inmates in the custody of the Mississippi Department of Corrections (MDOC) filed a class action lawsuit in the U.S. District Court for the Northern District of Mississippi under 42 U.S.C. § 1983 seeking injunctive relief and alleging that the circumstances of their confinement were unconstitutional. The prisoners were represented by private counsel and by the National Prison Project of the American Civil Liberties Union. The case was assigned to Magistrate Judge Je…

On May 29, 1990, HIV-positive inmates in the custody of the Mississippi Department of Corrections (MDOC) filed a class action lawsuit in the U.S. District Court for the Northern District of Mississippi under 42 U.S.C. § 1983 seeking injunctive relief and alleging that the circumstances of their confinement were unconstitutional. The prisoners were represented by private counsel and by the National Prison Project of the American Civil Liberties Union. The case was assigned to Magistrate Judge Jerry A. Davis and on June 28, 1995, the Court (Magistrate Judge Davis) entered an agreed judgment of settlement and dismissal that was signed by Chief Judge Lyonel Thomas Senter, Jr.

The settlement agreement granted the prisoners class certification, designating the class as "all HIV-positive, convicted felony offenders committed pursuant to state law to the custody of the Mississippi Department of Corrections, wherever now housed or hereafter to be housed within the State of Mississippi." The agreement required the MDOC to house HIV-positive prisoners in the Mississippi State Penitentiary in Unit-28. The HIV-positive prisoners housed in this unit were to be provided more frequent outdoor exercise, reasonable educational activities and courses, extended family visitation and increased medical care and review. The agreement also required the MDOC to provide all HIV-positive prisoners medically appropriate diets. The MDOC then submitted a proposed plan and phase-in timetable to comply with the settlement agreement which was accepted by Chief Judge Senter and filed on September 18, 1995.

In September 1996, the prisoners filed a motion to hold the MDOC in contempt for failing to comply with the settlement agreement. The motion alleged that the MDOC continued to deny HIV-positive prisoners the same access to MDOC programs as the general inmate population. The motion also alleged that the MDOC was not providing the HIV-positive prisoners with a truly separate housing unit which made their medical treatment less efficient and effective. These issues were litigated through November 1997 when the District Court (Chief Judge Senter) entered an agreed order granting the parties' joint motion to consolidate this case with Gates v. Collier, PC-MS-0001. The order certified the plaintiffs in this case as a subclass of the larger class already certified in Gates as "[a]ll HIV-positive inmates sentenced to the custody of the MDOC" The issues involved in this case, regarding the treatment of HIV-positive prisoners by the MDOC, continued in litigation in Gates v. Collier.

On July 19, 1999, the Court granted a motion for a preliminary injunction requiring defendants to provide constitutionally adequate medical care and testing and to submit progress reports on the implementation of changes in policy. Class members moved the Court to allow the ACLU National Prison Project substitute as class counsel, though the Court denied this motion on February 2, 2000. The plaintiffs appealed, and on April 30, 2001, the U.S. Court of Appeals for the Fifth Circuit vacated in part and reversed in part the lower court's decision, though the appellate decision is not available on PACER.

Over the next few years, the Court awarded plaintiffs attorney fees, and on June 10, 2004, the Court ordered that defendants not exclude class members from consideration for community work center placement because of their HIV-positive status. This case was eventually dismissed on March 31, 2005, when the Court found 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.

Summary Authors

Tom Madison (9/23/2006)

Maurice Youkanna (7/27/2014)

Related Cases

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

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

People


Judge(s)

Davis, Jerry A. (Mississippi)

Senter, Lyonel Thomas Jr. (Mississippi)

Attorneys(s) for Plaintiff

Feierman, Jessica (Alabama)

Hanlon, Stephen F (District of Columbia)

Hicks, Elizabeth Jane (Mississippi)

Rydzewski, Leo G. (District of Columbia)

Winter, Margaret (District of Columbia)

Attorneys(s) for Defendant

Steel, James F. (Mississippi)

Vincent, Leonard Charlton (Mississippi)

Other Attorney(s)

Active

Judge(s)

Davis, Jerry A. (Mississippi)

Senter, Lyonel Thomas Jr. (Mississippi)

Attorneys(s) for Plaintiff

Feierman, Jessica (Alabama)

Hanlon, Stephen F (District of Columbia)

Hicks, Elizabeth Jane (Mississippi)

Rydzewski, Leo G. (District of Columbia)

Winter, Margaret (District of Columbia)

Attorneys(s) for Defendant

Steel, James F. (Mississippi)

Vincent, Leonard Charlton (Mississippi)

Other Attorney(s)

McDuff, Robert B. (Mississippi)

Expert/Monitor/Master

Clay, John L. (Mississippi)

Welch, Ronald R. (Mississippi)

Documents in the Clearinghouse

Document

4:90-cv-00125

Docket (PACER)

June 15, 2005

June 15, 2005

Docket
45

4:90-cv-00125

Agreed Judgment of Settlement and Dismissal

June 28, 1995

June 28, 1995

Order/Opinion

4:90-cv-00125

MS DOC Policy for Visitation

Aug. 24, 1995

Aug. 24, 1995

Statute/Ordinance/Regulation

4:90-cv-00125

Proposed Plan and Phase-In Timetable

Aug. 25, 1995

Aug. 25, 1995

Pleading / Motion / Brief

4:90-cv-00125

Order

Sept. 18, 1995

Sept. 18, 1995

Order/Opinion
49

4:90-cv-00125

Motion for Order to Show Cause Why Defendants Should not Be Held in Contempt, for Sanctions, and for Other Relief

Sept. 3, 1996

Sept. 3, 1996

Pleading / Motion / Brief

4:90-cv-00125

Notice of Motion

Sept. 3, 1996

Sept. 3, 1996

Pleading / Motion / Brief

4:90-cv-00125

Order

Nov. 15, 1997

Nov. 15, 1997

Order/Opinion
178

4:90-cv-00125

Order Dismissing Moore Case with Prejudice

March 31, 2005

March 31, 2005

Order/Opinion

Resources

Docket

Last updated Aug. 5, 2022, 3:12 a.m.

ECF Number Description Date Link Date / Link
1

Original file, certified copy of transfer order and docket sheet received from District of Southern Mississippi (jta) (Entered: 11/06/1992)

May 29, 1990

May 29, 1990

1

ORDER, Transferring cause from Southern District, Misc. #90-77 ( signed by Magistrate Judge Singletary on 5/22/90) (jta) (Entered: 11/06/1992)

May 29, 1990

May 29, 1990

2

CERTIFICATE of Clerk of Documents on record in Southern District (jta) (Entered: 11/06/1992)

May 29, 1990

May 29, 1990

4

PRISONER COMPLAINT challenging conditions of confinement; jury demand CASE REFERRED to Magistrate Judge Jerry A. Davis (jta) (Entered: 11/06/1992)

May 29, 1990

May 29, 1990

NOTICE OF ASSIGNMENT Chief Judge L. T. Senter Jr. and Magistrate Judge Jerry A. Davis (jta) Modified on 11/09/1992 (Entered: 11/06/1992)

May 29, 1990

May 29, 1990

4

MOTION by David Darrell Moore, Elton Banks, Eddie Ray Gowdy to Proceed in Forma Pauperis (jta) (Entered: 11/06/1992)

May 29, 1990

May 29, 1990

5

MOTION by David Darrell Moore, Elton Banks, Eddie Ray Gowdy for Temporary Restraining Order and Preliminary Injunction (jta) (Entered: 11/06/1992)

July 5, 1990

July 5, 1990

6

ORDER granting [4-1] motion to Proceed in Forma Pauperis, set Spears/Evidentiary Hearing for 9:00 10/10/90 Parchman ( signed by Magistrate Judge Jerry A. Davis on 8/27/90) (jta) (Entered: 11/06/1992)

Aug. 29, 1990

Aug. 29, 1990

7

ORDER denying [5-1] motion for Temporary Restraining Order and Preliminary Injunction ( signed by Chief Judge L. T. Senter Jr. on 8/29/90) COB # 62 pg. 177 (jta) (Entered: 11/06/1992)

Aug. 30, 1990

Aug. 30, 1990

8

NOTICE OF APPEAL of [7-1] order by David Darrell Moore Appeal record due on 10/11/90 (jta) (Entered: 03/07/1994)

Sept. 11, 1990

Sept. 11, 1990

Certified and transmitted Record on Appeal to U.S. Court of Appeals: [8- 1] appeal by David Darrell Moore (jta) (Entered: 11/06/1992)

Sept. 12, 1990

Sept. 12, 1990

9

MOTION by David Darrell Moore for Appointment of Counsel (jta) (Entered: 11/06/1992)

Oct. 3, 1990

Oct. 3, 1990

10

REPORT AND RECOMMENDATIONS of Magistrate Judge Jerry A. Davis recommending cause be dismissed as frivolous. Case no longer referred to Magistrate Judge Jerry A. Davis Objections to R and R due by 10/25/90 (jta) (Entered: 11/06/1992)

Oct. 12, 1990

Oct. 12, 1990

11

CIVIL MINUTES for: Spears Evidentiary Hearing held 10-10-90 before Magistrate Judge Davis. (jta) (Entered: 11/06/1992)

Oct. 19, 1990

Oct. 19, 1990

Spears/Evidentiary Hearing held (jta) (Entered: 11/06/1992)

Oct. 19, 1990

Oct. 19, 1990

12

OBJECTION to [10-1] report and recommendations by David Darrell Moore (jta) (Entered: 11/06/1992)

Oct. 25, 1990

Oct. 25, 1990

13

JUDGMENT OF USCA (certified copy) issued as Mandate 5-8-91 Affirming judgment of District Court Re: [8-1] appeal by David Darrell Moore (jta) (Entered: 11/06/1992)

May 10, 1991

May 10, 1991

Record on Appeal returned from U.S. Court of Appeals: [8-1] appeal (jta) (Entered: 11/06/1992)

May 10, 1991

May 10, 1991

14

TRANSCRIPT of Proceedings held before Magistrate Judge Davis filed for dates of 10/10/90 (jta) (Entered: 11/09/1992)

Sept. 24, 1991

Sept. 24, 1991

15

MEMORANDUM OPINION ( signed by Chief Judge L. T. Senter Jr. on 11/15/91) (jta) (Entered: 11/09/1992)

Nov. 18, 1991

Nov. 18, 1991

16

ORDER ADOPTING and APPROVING [10-1] report and recommendations denying [9-1] motion for Appointment of Counsel, Dismissing this action ( signed by Chief Judge L. T. Senter Jr. on 11//15/92) COB # 65 pg. 200 (jta) (Entered: 11/09/1992)

Nov. 18, 1991

Nov. 18, 1991

Case closed (jta) (Entered: 11/09/1992)

Nov. 18, 1991

Nov. 18, 1991

17

NOTICE OF APPEAL of [16-1] order Dismissing this action by David Darrell Moore and Elton Banks. Appeal record due on 12/30/91 (jta) Modified on 11/09/1992 (Entered: 11/09/1992)

Nov. 29, 1991

Nov. 29, 1991

Certified and transmitted Record on Appeal to U.S. Court of Appeals: [17-1] appeal by David Darrell Moore (jta) (Entered: 11/09/1992)

Dec. 5, 1991

Dec. 5, 1991

18

JUDGMENT OF USCA (certified copy) Re: [17-1] appeal by David Darrell Moore; Dismissing appeal for want of prosecution as to Elton Banks only. Appeal still pending as to David Darrell Moore. (jta) (Entered: 11/09/1992)

Feb. 7, 1992

Feb. 7, 1992

19

ORDER, Appointing Counsel to Represent Plaintiffs; Attorney Ronald R. Welch ( signed by Magistrate Judge Jerry A. Davis on 11/5/92) (jta) (Entered: 11/09/1992)

Nov. 6, 1992

Nov. 6, 1992

Case reopened (jta) (Entered: 11/09/1992)

Nov. 6, 1992

Nov. 6, 1992

Converted to ICMS (jta)

Nov. 9, 1992

Nov. 9, 1992

20

JUDGMENT OF USCA (certified copy) Issued as Mandate 11/24/92 Reversing USDC denial of Motion for Counsel; affirming judgment of USDC insofar as it dismisses the privacy and loss of privileges claims; VACATING dismissal of the complaint as frivolous and REMANDING cause to USDC for further proceedings Re: [17-1] appeal by David Darrell Moore (jta)

Nov. 27, 1992

Nov. 27, 1992

Record on Appeal returned from U.S. Court of Appeals: [17-1] appeal (jta)

Nov. 27, 1992

Nov. 27, 1992

21

MOTION to Intervene by Alexis D. Belafonte, Martin Groot, Willie Naylor Copy mailed to Honorable Ron Welch (jta) Modified on 01/06/1993

Jan. 6, 1993

Jan. 6, 1993

22

MOTION by Alexis D. Belafonte, Martin Groot to Proceed in Forma Pauperis (jta)

Jan. 6, 1993

Jan. 6, 1993

24

MOTION by Elton Banks, David Darrell Moore to Dismiss Attorney Welch , for Appointment of New Counsel (jta)

May 4, 1993

May 4, 1993

25

ORDER denying [24-1] motion to Dismiss Attorney Welch ( signed by Magistrate Judge Jerry A. Davis on 6/4/93) (jta)

June 7, 1993

June 7, 1993

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

June 14, 1993

June 14, 1993

26

ORDER, in accordance with the Fifth Circuit judgment of 11/24/92, referring plaintiff's complaint to U.S. Magistrate Judge Jerry A. Davis for further proceedings. ( signed by Chief Judge L. T. Senter Jr. on 6/10/93) (fcc)

June 14, 1993

June 14, 1993

Motion(s) no longer referred: [24-2] motion for Appointment of New Counsel, [23-1] motion to Compel plaintiffs' attorney, Ron Welch, to prosecute, [22-1] motion to Proceed in Forma Pauperis, [21-1] motion to Intervene by Alexis D. Belafonte, Martin Groot, Willie Naylor (fcc)

June 14, 1993

June 14, 1993

27

MOTION by Elton Banks, David Darrell Moore To Reconsider Order by Magistrate Judge Davis on June 4, l993 (jta)

June 16, 1993

June 16, 1993

28

ORDER denying [27-1] motion To Reconsider Order by Magistrate Judge Davis on June 4, l993 ( signed by Magistrate Judge Jerry A. Davis on 6/17/93) (jta)

June 18, 1993

June 18, 1993

29

ORDER in acordance with directive of th U. S. Court of Appeals for the Fifth Circuit; directing the clerk to issued process for all defendants; service by U. S. Marshal; scheduling order to be issued once the answer is filed; no discovery until scheduling order is issued. ( signed by Magistrate Judge Jerry A. Davis on 6/25/93) (fcc)

June 28, 1993

June 28, 1993

SUMMONS(ES) issued for A. M. Phillips, Eddie Lucas, Steve W. Puckett, Leroy Black, Ray Mabus; svc. by U.S.Marshal (fcc)

June 28, 1993

June 28, 1993

Notice by MDOC that s/c for Lee Roy Black returned to USM - no longer employed by MDOC (jta)

July 2, 1993

July 2, 1993

30

SUMMONS Returned Executed as to A. M. Phillips, Eddie Lucas, Steve W. Puckett 7/1/93 Answer due on 7/21/93 for Steve W. Puckett, for Eddie Lucas, for A. M. Phillips (fcc)

July 9, 1993

July 9, 1993

Copy of Letter dtd 7/1/93, from MDOC Legal Secretary to U. S. Marshal, returning summons and complaint as to Lee Roy Black unexecuted; no longer employed at MDOC; last known address 5422 W. Bay Center Dr., Suite 101, Tampa, FL 33609. (fcc)

July 9, 1993

July 9, 1993

31

MOTION by A. M. Phillips, Eddie Lucas, Steve W. Puckett, Kirk Fordyce to Extend Time to respond to complaint (jta)

July 21, 1993

July 21, 1993

32

ORDER granting [31-1] motion to Extend Time to respond to complaint, reset Answer deadline to 7/27/93 for Kirk Fordyce, for Steve W. Puckett, for Eddie Lucas, for A. M. Phillips ( signed by Magistrate Judge Jerry A. Davis on 7/27/93) (jta)

July 28, 1993

July 28, 1993

33

Summons returned unexecuted 8/17/93 as to Leroy Black, Kirk Fordyce at the request of plaintiff in his letter dated 8/16/93 (attached to process) (fcc)

Aug. 19, 1993

Aug. 19, 1993

34

MOTION by David Darrell Moore for Alias Summonses to issue for Kirk Fordyce and Lee Roy Black with service by U. S. Marhsal (fcc)

Sept. 1, 1993

Sept. 1, 1993

35

ORDER denying [34-1] motion for Alias Summonses to issue for Kirk Fordyce and Lee Roy Black with service by U. S. Marhsal ( signed by Magistrate Judge Jerry A. Davis on 9/9/93) (fcc)

Sept. 10, 1993

Sept. 10, 1993

Status Conference set at 1:40 12/17/93 Parchman before Magistrate Judge Jerry A. Davis (jta)

Sept. 20, 1993

Sept. 20, 1993

36

ANSWER to Complaint by A. M. Phillips, Eddie Lucas, Steve W. Puckett, Kirk Fordyce (Attorneys John Clay and Leonard Vincent), (fcc)

Sept. 23, 1993

Sept. 23, 1993

Copy of Letter dated 11/8/93 received from plaintiff Moore, addressed to Magistrate Judge Davis requesting the presence of inmates Willie Naylor #86088, Alexis D. Belafonte #68702, and Martin Groot #54288 at status conference scheduled for 11/17/93 at Parchman. (fcc)

Nov. 10, 1993

Nov. 10, 1993

37

CIVIL MINUTES for: Status Conference held 11/17/93 before Magistrate Judge Davis; Court Reporter Betty Jean Sykes: Discovery to be completed by 5/1/94; Pretrial Motions to be filed by 6/1/94; Scheduling Order to follow. (jta)

Nov. 24, 1993

Nov. 24, 1993

38

ORDER, set Discovery deadline to 5/1/94 , set Pretrial Order deadline to 6/1/94; jury trial will be set by further order of the court ( signed by Magistrate Judge Jerry A. Davis on 11/23/93) (jta) Modified on 02/07/1994

Nov. 24, 1993

Nov. 24, 1993

Status Conference held before Magistrate Judge Jerry A. Davis (jta)

Nov. 24, 1993

Nov. 24, 1993

Letter to plaintiffs Groot,Naylor and Belafonte re consent to trial before U. S. Magistrate Judge Davis or waive jury demand. (jta)

Feb. 4, 1994

Feb. 4, 1994

Letter dtd 5/2/94 from plaintiff, relative to conditions of confinement referred to Law Clerk. (fcc)

May 6, 1994

May 6, 1994

39

ORDER granting [21-1] motion to Intervene by Alexis D. Belafonte, Martin Groot, Willie Naylor ( signed by Magistrate Judge Jerry A. Davis on 1/26/95) Date of Entry: 1/30/95 (fcc)

Jan. 30, 1995

Jan. 30, 1995

40

ORDER denying as moot [23-1] motion to Compel plaintiffs' attorney, Ron Welch, to prosecute ( signed by Magistrate Judge Jerry A. Davis on 1/26/95) Date of Entry: 1/30/95 (fcc)

Jan. 30, 1995

Jan. 30, 1995

41

ORDER denying as moot [24-2] motion to Dismiss and for Appointment of New Counsel signed by Magistrate Judge Jerry A. Davis on 1/26/95) Date of Entry: 1/30/95 (fcc)

Jan. 30, 1995

Jan. 30, 1995

42

REPORT AND RECOMMENDATIONS of Magistrate Judge Jerry A. Davis recommending that plaintiff Willie Naylor's motion for TRO and/or PI be denied at this time, with the understanding that court- appointed counsel may resubmit the motion if he determines the claim is meritorious. Case no longer referred to Magistrate Judge Jerry A. Davis Objections to R and R due by 6/20/95 (jta)

June 7, 1995

June 7, 1995

CASE REFERRED back to Magistrate Judge Jerry A. Davis (jta)

June 7, 1995

June 7, 1995

43

MOTION by Willie Naylor for Temporary Restraining Order and/or Preliminary Injunction (jta)

June 8, 1995

June 8, 1995

NOTICE of receipt of the Report and Recommendation dated June 6, 1995 by Willie Naylor (jta)

June 12, 1995

June 12, 1995

44

DEFENDANTS' RESPONSE to [43-1] motion for Temporary Restraining Order and/or Preliminary Injunction by Willie Naylor (jta)

June 13, 1995

June 13, 1995

Copy of letter dated 6/23/95, addressed to Chief Judge Senter, regarding Agreed Judgment of Settlement Order and Dismissal (fcc)

June 26, 1995

June 26, 1995

45

AGREED JUDGMENT OF SETTLEMENT AND DISMISSAL, with court retaining jurisdiction to receive and approve the plans as directed; case to be dismissed after two-year maintenance period upon submission of agreed order or upon motion of defendants, unless good cause to the contrary can be shown ( signed by Chief Judge L. T. Senter Jr. on 6/28/95) Date of Entry: 6/28/95 (jta)

June 28, 1995

June 28, 1995

Case closed (jta)

June 28, 1995

June 28, 1995

Status Conference set at 11:00 7/5/95 Greenville before Magistrate Judge Jerry A. Davis (jta)

June 29, 1995

June 29, 1995

46

Letter MOTION by Willie Naylor for Reconsideration of [45-1] judgment order (fcc) (Entered: 07/03/1995)

June 29, 1995

June 29, 1995

Mail addressed to Alexis D. Belfonte, MDOC, Parchman RETURNED "Released on Medical release". (jta)

June 30, 1995

June 30, 1995

47

ORDER accepting Defendants' Proposed Plan and Phase-In Timetable submitted in compliance with the Agreed Judgment and in settlement of this matter. [copy attached] ( signed by Chief Judge L. T. Senter Jr. on 9/15/95) Date of Entry: 9/18/95 (fcc)

Sept. 18, 1995

Sept. 18, 1995

Mail dtd 9/18/95, addressed to Alexis D. Belafonte returned marked "Released;Returned to Sender" (fcc)

Sept. 22, 1995

Sept. 22, 1995

48

Class Counsel's Report to the Court (fcc)

July 15, 1996

July 15, 1996

49

MOTION by plaintiff class counsel to Show Cause Why Defendants Should not be Held in Contempt, For Sanctions, And for Other Relief (jta)

Sept. 5, 1996

Sept. 5, 1996

Corrected page 16 "Certificate of Service" received and attached to Motion for Order to Show Cause, as requested by Attorney Ron Welch, Class Counsel for plaintiffs. (jta)

Sept. 6, 1996

Sept. 6, 1996

51

CONTEMPT MOTION PROGRESS REPORT TO THE COURT filed by attorney for class, Ron Welch (fcc) (Entered: 10/21/1996)

Oct. 18, 1996

Oct. 18, 1996

52

ORDER, for defendants to Show Cause w/i 30 da. from the date of this order why they should not be held in contempt for failure to comply with the 1995 agreed judgment ( signed by Magistrate Judge Jerry A. Davis on 3/24/97) Date of Entry: 3/25/97 (fcc)

March 25, 1997

March 25, 1997

53

DEFENDANTS' REPORT TO THE COURT to [52-1] order for defendants to Show Cause w/i 30 da. from the date of this order why they should not be held in contempt for failure to comply with the 1995 agreed judgment (fcc) Modified on 04/01/1997

April 1, 1997

April 1, 1997

54

MOTION by Eddie Ray Gowdy, Elton Banks, David Darrell Moore to Amend [4-1] prisoner complaint to Add Additional Necessary Defendants, John Beck and Tommy Ross (jta)

April 17, 1997

April 17, 1997

55

MOTION by Eddie Ray Gowdy, Elton Banks, David Darrell Moore for Attorney Fees (jta)

April 17, 1997

April 17, 1997

56

MOTION by Kirk Fordice, et al to Extend Time to Respond to Plas' Motion to Add Additional Necessary Dfts and to Respond to Plas' Verified Motion for Order Awarding Atty's Fees (fcc)

April 25, 1997

April 25, 1997

57

ORDER granting [56-1] motion to Extend Time to Respond to Plas' Motion to Add Additional Necessary Dfts and to Respond to Plas' Verified Motion for Order Awarding Atty's Fees, Response to Motion reset to 5/20/97 for [55-1] motion for Attorney Fees, reset to 5/20/97 for [54-1] motion to Amend [4-1] prisoner complaint to Add Additional Necessary Defendants, John Beck and Tommy Ross ( signed by Magistrate Judge Jerry A. Davis on 4/29/97) Date of Entry: 4/30/97 (jta)

April 30, 1997

April 30, 1997

58

RESPONSE/OBJECTION by A. M. Phillips, Eddie Lucas, Steve W. Puckett, Leroy Black, Kirk Fordice Re: [55-1] motion for Attorney Fees by David Darrell Moore, Elton Banks, Eddie Ray Gowdy (jta)

May 20, 1997

May 20, 1997

58

RESPONSE in opposition to [54-1] motion to Amend [4-1] prisoner complaint to Add Additional Necessary Defendants, John Beck and Tommy Ross by David Darrell Moore, Elton Banks, Eddie Ray Gowdy [marked filed but inadvertently ommitted from entry] (fcc) Modified on 12/09/1997 (Entered: 12/09/1997)

May 20, 1997

May 20, 1997

59

MOTION by Eddie Ray Gowdy, Elton Banks, David Darrell Moore for Judgment on the Pleadings (jta)

May 21, 1997

May 21, 1997

60

SECOND VERIFIED MOTION by class counsel for Attorney Fees Judgment on the Pleadings, for Related, Supplemental Relief, and Brief in Support (fcc) (Entered: 10/09/1997)

Oct. 8, 1997

Oct. 8, 1997

CASE NO LONGER REFERRED TO Magistrate Judge Jerry A. Davis (fcc)

Oct. 9, 1997

Oct. 9, 1997

61

AFFIDAVIT OF WILLIE F. WINTER to Exhibit B of plas' 2nd Verified Motion for Atty's Fees Judgment on the Pleadings, dtd 10/7/97, by David Darrell Moore Re: [60-1] motion for Attorney Fees Judgment on the Pleadings, for Related, Supplemental Relief, and Brief in Support (fcc)

Oct. 14, 1997

Oct. 14, 1997

62

NOTICE of Attorney Appearance for A. M. Phillips, Eddie Lucas, Steve W. Puckett, Leroy Black, Kirk Fordice 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

63

AGREED ORDER, on joint ore tenus motion of the parties, to consolidate, and on the two motions of pla's court-appointed counsel for post-judgment awards of atty's fees; CONSOLIDATING Moore (4:90cv125-S-D) subclass case with Gates (4:71cv06-S-D); CERTIFYING Moore as a subclass of the larger class already certified in Gates: "All HIV-positive inmates sentenced to the custody of the MDOC..."; all future pleadings pertaining to Moore 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 addtl. atty time and expense to date, dfts shall pay 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 day from the court and filed by the clerk; that 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. 298-300 Date of Entry: 11/18/97 (fcc) Modified on 11/19/1997

Nov. 18, 1997

Nov. 18, 1997

64

FINAL JUDGMENT in Moore v. Fordice on the first and second verified motions of plas for post judgment atty's fees and costs to date, directing the dfts shall pay 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. 301 Date of Entry: 11/18/97 (fcc)

Nov. 18, 1997

Nov. 18, 1997

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

Feb. 2, 1998

Feb. 2, 1998

65

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

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

Aug. 24, 1998

Aug. 24, 1998

66

ORDER granting [211-1] motion for Margaret Winter (LEAD) and Jerome Wesevich to Appear Pro Hac Vice in association with Jane Hicks in the "Moore" litigation 4:90cv125; designating Margaret Winter as the (LEAD) counsel for intervenors, directing the Clerk and other counsel to include Atty Winter in the list of attys to be notified of any proceedings affecting the Moore subclass; setting deadline for dfts and "Moore" class counsel to respond to the "Emergency Motion to Intervene for the Purpose of Challenging Adequacy of Class Rep." until 2/19/99; counsel for intervenors may file a written reply by 5:00 p.m. at the close of second business day after receiving a response from either class counsel or dfts; the motion will be heard on 2/26/99 at 10:00 a.m. Aberdeen ( signed by Magistrate Judge Jerry A. Davis on 2/10/99) Date of Entry: 2/22/99 (fcc) (Entered: 02/23/1999)

Feb. 11, 1999

Feb. 11, 1999

Case reopened per Magistrate Judge Davis (fcc)

Feb. 26, 1999

Feb. 26, 1999

Motion hearing re: [210-1] motion to Intervene for the purpose of challenging adequacy of class representation by to case(s) 4:71-cv-00006, Steven Houston in 4:71-cv-00006, Carl Lee Johnson in 4:71-cv-00006, Tobie Krohe in 4:71-cv-00006, Theodus Lindsey in 4:71-cv-00006, Steven G. Miller in 4:71-cv-00006, James Moffett in 4:71-cv-00006, Alfred Nelson in 4:71-cv-00006, Jesse Peters in 4:71-cv-00006, Robert Shaw in 4:71-cv-00006, Robert L. White in 4:71-cv-00006 set for video conferencing at 10:00 3/25/99 Location: Oxford before Magistrate Judge Jerry A. Davis (fcc) Modified on 03/19/1999 (Entered: 03/15/1999)

March 3, 1999

March 3, 1999

Letter dtd 3/4/99, from Court Appointed Class Counsel, Ron Welch, stating no objection to filing only in the LEAD case (4:71cv6-JAD) on matters involving the "Emergency Motion to Intervene on Behalf of Ten Disident Class Mbrs., etc.", in the Moore v. Fordice, Member Case (4:90cv125-JAD) [re: Clerk's Ltr. of Inquiry dtd 3/2/99] (fcc) Modified on 03/10/1999 (Entered: 03/09/1999)

March 8, 1999

March 8, 1999

Case Details

State / Territory: Mississippi

Case Type(s):

Prison Conditions

Key Dates

Filing Date: May 29, 1990

Closing Date: 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All HIV-positive, convicted felony offenders committed pursuant to state law to the custody of the Mississippi Department of Corrections, wherever now housed or hereafter to be housed within the State of Mississippi

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

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, State

Defendant Type(s):

Corrections

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1995 - 2005

Content of Injunction:

Develop anti-discrimination policy

Monitor/Master

Monitoring

Preliminary relief granted

Recordkeeping

Reporting

Issues

General:

Administrative segregation

Classification / placement

Conditions of confinement

Education

Food service / nutrition / hydration

Recreation / Exercise

Totality of conditions

Affected Gender:

Female

Male

Medical/Mental Health:

HIV/AIDS

Type of Facility:

Government-run