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. 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

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/13634190/parties/moore-v-fordice/


Judge(s)

Davis, Jerry A. (Mississippi)

Attorney for Plaintiff

Feierman, Jessica (Alabama)

Hanlon, Stephen F (District of Columbia)

Hicks, Elizabeth Jane (Mississippi)

Attorney for Defendant
Expert/Monitor/Master/Other

Clay, John L. (Mississippi)

Documents in the Clearinghouse

Documents in this case

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

Docket

See docket on RECAP: https://www.courtlistener.com/docket/13634190/moore-v-fordice/

Last updated Sept. 18, 2026, 12:30 a.m.

Docket for: Moore v. Fordice
ECF Number Date Description Link
1 May 29, 1990

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

RECAP
2 May 29, 1990

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

RECAP
3 May 29, 1990

Letter dated 4-20-90 to Mrs. Louise Manning, Custodian of Prisoner Accounts, Parchman, MS regarding document as to petitioner's financial status. (jta) (Entered: 11/06/1992)

RECAP
4 May 29, 1990

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

RECAP
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)

PACER
May 29, 1990

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

5 July 5, 1990

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

RECAP
6 Aug. 29, 1990

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)

RECAP
7 Aug. 30, 1990

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)

RECAP
8 Sept. 11, 1990

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

RECAP
Sept. 12, 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)

PACER
Sept. 12, 1990

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

9 Oct. 3, 1990

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

RECAP
10 Oct. 12, 1990

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)

RECAP
11 Oct. 19, 1990

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

RECAP
Oct. 19, 1990

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

PACER
Oct. 19, 1990

Spears/Evidentiary Hearing held (jta)

12 Oct. 25, 1990

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

RECAP
13 May 10, 1991

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)

RECAP
May 10, 1991

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

PACER
May 10, 1991

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

14 Sept. 24, 1991

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

RECAP
15 Nov. 18, 1991

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

RECAP
16 Nov. 18, 1991

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)

RECAP
Nov. 18, 1991

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

PACER
Nov. 18, 1991

Case closed (jta)

17 Nov. 29, 1991

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)

RECAP
Dec. 5, 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)

PACER
Dec. 5, 1991

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

18 Feb. 7, 1992

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)

RECAP
19 Nov. 6, 1992

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)

RECAP
Nov. 6, 1992

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

PACER
Nov. 6, 1992

Case reopened (jta)

Nov. 9, 1992

Converted to ICMS (jta)

PACER
Nov. 9, 1992

Converted to ICMS (jta)

20 Nov. 27, 1992

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)

RECAP
Nov. 27, 1992

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

PACER
Nov. 27, 1992

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

21 Jan. 6, 1993

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

RECAP
22 Jan. 6, 1993

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

RECAP
23 April 13, 1993

MOTION by Elton Banks, David Darrell Moore to Compel plaintiffs' attorney, Ron Welch, to prosecute (jta)

RECAP
24 May 4, 1993

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

RECAP
25 June 7, 1993

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

RECAP
26 June 14, 1993

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)

RECAP
June 14, 1993

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

PACER
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)

PACER
June 14, 1993

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

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)

27 June 16, 1993

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

RECAP
28 June 18, 1993

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)

RECAP
29 June 28, 1993

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)

RECAP
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)

PACER
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)

July 2, 1993

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

PACER
July 2, 1993

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

30 July 9, 1993

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)

RECAP
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)

PACER
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)

31 July 21, 1993

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

RECAP
32 July 28, 1993

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)

RECAP
33 Aug. 19, 1993

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)

RECAP
34 Sept. 1, 1993

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

RECAP
35 Sept. 10, 1993

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)

RECAP
Sept. 20, 1993

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

PACER
Sept. 20, 1993

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

36 Sept. 23, 1993

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

RECAP
Nov. 10, 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)

PACER
Nov. 10, 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)

37 Nov. 24, 1993

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)

RECAP
38 Nov. 24, 1993

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

RECAP
Nov. 24, 1993

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

PACER
Nov. 24, 1993

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

Feb. 4, 1994

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

PACER
Feb. 4, 1994

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

May 6, 1994

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

PACER
May 6, 1994

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

39 Jan. 30, 1995

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) (jtm).

RECAP
40 Jan. 30, 1995

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)

RECAP
41 Jan. 30, 1995

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)

RECAP
42 June 7, 1995

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)

RECAP
June 7, 1995

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

PACER
June 7, 1995

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

43 June 8, 1995

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

RECAP
June 12, 1995

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

PACER
June 12, 1995

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

44 June 13, 1995

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

RECAP
June 26, 1995

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

PACER
June 26, 1995

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

45 June 28, 1995

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)

RECAP
June 28, 1995

Case closed (jta)

PACER
June 28, 1995

Case closed (jta)

46 June 29, 1995

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

RECAP
June 29, 1995

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

PACER
June 29, 1995

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

June 30, 1995

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

PACER
June 30, 1995

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

47 Sept. 18, 1995

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)

RECAP
Sept. 22, 1995

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

PACER
Sept. 22, 1995

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

48 July 15, 1996

Class Counsel's Report to the Court (fcc)

RECAP

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

State

Mississippi Department of Corrections

Defendant Type(s):

Corrections

Jurisdiction-wide

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Other Dockets:

Northern District of Mississippi 4:90-cv-00125

Available Documents:

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Develop anti-discrimination policy

Monitoring

Monitor/Master

Preliminary relief granted

Recordkeeping

Reporting

Order Duration: 1995 - 2005

Issues

General/Misc.:

Classification / placement

Conditions of confinement

Education

Food service / nutrition / hydration

Totality of conditions

Affected Sex/Gender(s):

Female

Male

Jails, Prisons, Detention Centers, and Other Institutions:

Administrative segregation

Recreation / Exercise

Medical/Mental Health Care:

HIV/AIDS

Recommended Citation