Case: Russell v. Johnson

1:02-cv-00261 | U.S. District Court for the Northern District of Mississippi

Filed Date: July 12, 2002

Closed Date: 2006

Clearinghouse coding complete

Case Summary

On July 12, 2002, death row inmates at the Mississippi State Penitentiary filed a class action lawsuit under 42 U.S.C. § 1983 in the United States District Court for the Northern District of Mississippi against the Mississippi Department of Corrections (MDOC). Plaintiffs were represented by the American Civil Liberties Union and private attorneys. The suit alleged that the inmates were subjected to isolation, lack of exercise, inadequate ventilation, unsanitary conditions, and lack of mental …

On July 12, 2002, death row inmates at the Mississippi State Penitentiary filed a class action lawsuit under 42 U.S.C. § 1983 in the United States District Court for the Northern District of Mississippi against the Mississippi Department of Corrections (MDOC). Plaintiffs were represented by the American Civil Liberties Union and private attorneys. The suit alleged that the inmates were subjected to isolation, lack of exercise, inadequate ventilation, unsanitary conditions, and lack of mental heath care. On July 15, 2002, Chief Judge Glen H. Davidson denied plaintiffs' motion for temporary relief and preliminary injunction to stop the execution of one of the plaintiffs. Russell v. Johnson, 210 F.Supp.2d 804 (N.D. Miss. 2002). On July 18, 2002, Judge Davidson issued an order incorporating this case into Gates, et al v. Collier, et al (PC-MS-001), an ongoing prisoners' rights class action. On October 25, 2002, Magistrate Judge Jerry A. Davis consolidated the cases, naming these plaintiffs a sub-class in Gates.

Following a non-jury trial, the District Court (Magistrate Judge Davis) found that there were constitutional violations in the areas of ventilation, sanitation, lighting, laundry services, and mental health care. Russell v. Johnson, 2003 WL 22208029 (N.D. Miss. May 21, 2003). Judge Davis ordered the defendants to ensure that inmates not be required to clean their own cell when they move into one, provide inmates with cleaning supplies, create a maintenance schedule, provide inmates with fans when the temperature is above 90 degrees, improve plumbing and laundry conditions, and provide each inmate with a private mental health evaluation. Defendants appealed.

The Court of Appeals for the Fifth Circuit (Judge James L. Dennis) affirmed in part and vacated in part the District Court's judgment. Gates v. Cook, 376 F.3d 323 (5th Cir. 2004). After holding that the district court did not err in allowing this case to proceed separately from Gates v. Collier, No. 71-6 (PC-MS-1), the Court of Appeals addressed the merits, and held that the unsanitary condition in cells, the temperature of the cells, and inadequate lighting were all constitutional violations, but that laundry conditions were not serious enough to rise to the level of a constitutional violation. The Appeals Court also found that the District Court had exceeded its authority in granting relief on issues relating to parts of death row beyond where plaintiffs were housed.

On remand, Judge Davis issued an order on February 4, 2005 granting attorneys' fees to plaintiffs.

On June 14, 2006, the District Court issued an order formally closing the case, noting that the issues in the case had been resolved. The parties were advised that they could petition to reopen the case in the event that further remedial measures became necessary. No such motions had been filed as of the date of this summary.

Summary Authors

Angela Heverling (4/17/2006)

Related Cases

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

Presley v. Epps, Northern District of Mississippi (2005)

People


Judge(s)

Davidson, Glen H. (Mississippi)

Davis, Jerry A. (Mississippi)

Dennis, James L. (Louisiana)

Attorneys(s) for Plaintiff

Bashwiner, Heather Esme (Massachusetts)

Bhat, Ghouri (Texas)

Farrell, Sandi (District of Columbia)

Fettig, Amy (District of Columbia)

Hanlon, Stephen F (District of Columbia)

McDuff, Robert B. (Mississippi)

Winter, Margaret (District of Columbia)

Judge(s)

Davidson, Glen H. (Mississippi)

Davis, Jerry A. (Mississippi)

Dennis, James L. (Louisiana)

Attorneys(s) for Plaintiff

Bashwiner, Heather Esme (Massachusetts)

Bhat, Ghouri (Texas)

Farrell, Sandi (District of Columbia)

Fettig, Amy (District of Columbia)

Hanlon, Stephen F (District of Columbia)

McDuff, Robert B. (Mississippi)

Winter, Margaret (District of Columbia)

Attorneys(s) for Defendant

Clay, John L. (Mississippi)

Cole, Tom Hunt Jr. (Mississippi)

Norris, James Marshall (Mississippi)

Vincent, Leonard Charlton (Mississippi)

White, Marvin L. Jr. (Mississippi)

Woods, Mary Jo (Mississippi)

Documents in the Clearinghouse

Document

1:02-cv-00261

Docket (PACER)

June 14, 2006

June 14, 2006

Docket

1:02-cv-00261

Complaint

July 12, 2002

July 12, 2002

Complaint
3

1:02-cv-00261

Opinion Denying Motion for Temporary Restraining Order and Prelminary Injunction

210 F.Supp.2d 804

July 15, 2002

July 15, 2002

Order/Opinion

1:02-cv-00261

Report Of Dr. Terry A. Kupers, M.D., M.S.P.

Aug. 30, 2002

Aug. 30, 2002

Monitor/Expert/Receiver Report
43

1:02-cv-00261

Memorandum Opinion

2003 WL 22208029

May 21, 2003

May 21, 2003

Order/Opinion

03-60529

Court of Appeals Opinion

Gates v. Cook

U. S. Court of Appeals for the Fifth Circuit

376 F.3d 323

June 28, 2004

June 28, 2004

Order/Opinion
73

1:02-cv-00261

Rebuttal Declaration of Margaret Winter Regarding Plaintiffs' Attorneys' Fees and Expenses

Dec. 3, 2004

Dec. 3, 2004

Pleading / Motion / Brief
74

1:02-cv-00261

Rebuttal Declaration of Stephen F. Hanlon Regarding Plaintiffs' Attorneys' Fees and Expenses

Dec. 3, 2004

Dec. 3, 2004

Pleading / Motion / Brief
75

1:02-cv-00261

Order Awarding Attorneys' Fees and Expenses

Feb. 4, 2005

Feb. 4, 2005

Order/Opinion
87

1:02-cv-00261

Order Closing Case

June 14, 2006

June 14, 2006

Order/Opinion

Resources

Docket

Last updated Aug. 14, 2022, 3:19 a.m.

ECF Number Description Date Link Date / Link
2

MOTION by Willie nmi Russell, Sherwood Brown, Kevin Jordan, John Nixon, Paul Woodward, Tracy nmi Hansen for Temporary Restraining Order , for Preliminary Injunction to stop execution pending presentation of the testimony of Tracy Hansen in this case (jla)

July 12, 2002

July 12, 2002

SUMMONS(ES) issued for Robert L. Johnson, Christopher Epps, Emmitt L. Sparkman, Jessie Streeter, Larry Harris (jla)

July 12, 2002

July 12, 2002

NOTICE OF ASSIGNMENT Chief Judge Glen H. Davidson and Magistrate Judge Jerry A. Davis (jla)

July 12, 2002

July 12, 2002

1

PRISONER COMPLAINT challenging conditions of confinement FILING FEE $ 150.00 CASE REFERRED ; Case Assigned to CJRA Track: Administrative (dlh) (Entered: 07/18/2002)

July 12, 2002

July 12, 2002

3

MEMORANDUM OPINION ( signed by Chief Judge Glen H. Davidson on 7/15/02) (jla)

July 15, 2002

July 15, 2002

4

ORDER denying [2-1] motion for Temporary Restraining Order, denying [2-2] motion for Preliminary Injunction to stop execution pending presentation of the testimony of Tracy Hansen in this case; plaintiff Tracy Hansen's claims are dismissed (signed by Chief Judge Glen H. Davidson on 7/15/02) COB # 54 pg. 235 Date of Entry: 7/15/02 (jla)

July 15, 2002

July 15, 2002

5

RESPONSE by Robert L. Johnson, Christopher Epps, Emmitt L. Sparkman, Jessie Streeter, Larry Harris in opposition to [2-1] motion for Temporary Restraining Order by plaintiffs, [2-2] motion for Preliminary Injunction to stop execution pending presentation of the testimony of Tracy Hansen in this case by plaintiffs (dlh)

July 16, 2002

July 16, 2002

11

ORDER of Supreme Court denying application of Tracy A. Hansen for stay of execution of sentence of death and denying writ of certiorari (presented to Justice Scalia on 7/17/02) Date of Entry: 7/17/02 (mhg) (Entered: 07/19/2002)

July 17, 2002

July 17, 2002

6

MOTION by Willie Russell, Sherwood Brown, Kevin Jordan, John Nixon, Paul Woodward for Temporary Restraining Order , for Preliminary Injunction allowing plaintiffs' counsel and experts to tour Death Row on 8/8/02 (dlh)

July 18, 2002

July 18, 2002

7

AFFIDAVIT of Margaret Winter Re: [6-1] motion for Temporary Restraining Order by Paul Woodward, John Nixon, Kevin Jordan, Sherwood Brown, Willie nmi Russell, [6-2] motion for Preliminary Injunction allowing plaintiffs' counsel and experts to tour Death Row on 8/8/02 by Paul Woodward, John Nixon, Kevin Jordan, Sherwood Brown, Willie nmi Russell (dlh)

July 18, 2002

July 18, 2002

8

MOTION by Willie nmi Russell, Sherwood Brown, Kevin Jordan, John Nixon, Paul Woodward to Certify Class (dlh)

July 18, 2002

July 18, 2002

9

MOTION for Margaret Winter to Appear Pro Hac Vice [9-1] motion referred to Magistrate Judge Jerry A. Davis (dlh) Modified on 07/19/2002

July 18, 2002

July 18, 2002

10

ORDER transferring cause to be incorporated in Gates v. Collier class action; this cause is transferred to Mag Judge Davis for all purposes ( signed by Chief Judge Glen H. Davidson on 7/18/02) (dlh)

July 18, 2002

July 18, 2002

NOTICE OF ASSIGNMENT Magistrate Judge Jerry A. Davis (dlh)

July 18, 2002

July 18, 2002

12

SUMMONS Returned Executed as to Robert L. Johnson, Christopher Epps, Emmitt L. Sparkman, Jessie Streeter, Larry Harris 7/12/02 Answer due on 8/1/02 for Larry Harris, for Jessie Streeter, for Emmitt L. Sparkman, for Christopher Epps, for Robert L. Johnson (dlh)

July 24, 2002

July 24, 2002

Pro Hac Vice Fee Paid by attorney Margaret Winter ; Amount $ 25.00 Receipt # 67908 (dlh)

July 25, 2002

July 25, 2002

14

ANSWER to Complaint by Robert L. Johnson, Christopher Epps, Emmitt L. Sparkman, Jessie Streeter, Larry Harris (Attorney John L. Clay), (jla)

Aug. 15, 2002

Aug. 15, 2002

15

ORDER granting [13-1] motion to Extend Time to answer, set Answer deadline to 8/22/02 for Larry Harris, for Jessie Streeter, for Emmitt L. Sparkman, for Christopher Epps, for Robert L. Johnson ( signed by Magistrate Judge Jerry A. Davis on 8/19/02) Date of Entry: 8/19/02 (jla)

Aug. 19, 2002

Aug. 19, 2002

16

MOTION for Stephen F. Hanlon to Appear Pro Hac Vice, Admission Fee: Amount $ 25 Receipt # 67976 (jla)

Aug. 22, 2002

Aug. 22, 2002

17

MOTION by Robert L. Johnson, Christopher Epps, Emmitt L. Sparkman, Jessie Streeter, Larry Harris to Dismiss for failure to exhaust available administrative remedies (jla)

Aug. 23, 2002

Aug. 23, 2002

18

ORDER granting [16-1] motion for Stephen F. Hanlon to Appear Pro Hac Vice ( signed by Magistrate Judge Jerry A. Davis on 8/28/02) Date of Entry: 8/28/02 (dlh)

Aug. 28, 2002

Aug. 28, 2002

19

RESPONSE by Willie nmi Russell, Sherwood Brown, Kevin Jordan, John Nixon, Paul Woodward to [17-1] motion to Dismiss for failure to exhaust available administrative remedies by Larry Harris, Jessie Streeter, Emmitt L. Sparkman, Christopher Epps, Robert L. Johnson (jla)

Sept. 6, 2002

Sept. 6, 2002

20

MOTION by Willie nmi Russell, Sherwood Brown, Kevin Jordan, John Nixon, Paul Woodward for status conference and expedited trial (jla)

Sept. 6, 2002

Sept. 6, 2002

21

MOTION by Robert L. Johnson, Christopher Epps, Emmitt L. Sparkman, Jessie Streeter, Larry Harris to Extend Time to respond to motion for expedited trial (jla)

Sept. 16, 2002

Sept. 16, 2002

22

MOTION by Robert L. Johnson, Christopher Epps, Emmitt L. Sparkman, Jessie Streeter, Larry Harris to Extend Time to designate expert witnesses (jla)

Sept. 20, 2002

Sept. 20, 2002

23

RESPONSE by Robert L. Johnson, Christopher Epps, Emmitt L. Sparkman, Jessie Streeter, Larry Harris to [20-1] motion for status conference and expedited trial by Paul Woodward, John Nixon, Kevin Jordan, Sherwood Brown, Willie nmi Russell (jla)

Sept. 20, 2002

Sept. 20, 2002

24

NOTICE OF SERVICE of designation of expert witnesses by Robert L. Johnson, Christopher Epps, Emmitt L. Sparkman, Jessie Streeter, Larry Harris to Willie nmi Russell, Sherwood Brown, Kevin Jordan, John Nixon, Paul Woodward (jla)

Sept. 26, 2002

Sept. 26, 2002

Status Conference reset at 10:00 10/22/02 before Magistrate Judge Jerry A. Davis (dlh)

Oct. 3, 2002

Oct. 3, 2002

25

ORDER denying as moot [22-1] motion to Extend Time to designate expert witnesses ( signed by Magistrate Judge Jerry A. Davis on 10/3/02) Date of Entry: 10/3/02 (dlh)

Oct. 3, 2002

Oct. 3, 2002

27

ORDER consolidating case with 4:71cv06-JAD (signed by Magistrate Judge Jerry A. Davis on 10/25/02) Date of Entry: 10/25/02 (jla) (Entered: 09/03/2004)

Oct. 25, 2002

Oct. 25, 2002

Consolidated Member Case . Lead Case Number: 4:71cv6 (jla) (Entered: 09/03/2004)

Oct. 25, 2002

Oct. 25, 2002

28

AMENDED MOTION by Larry Harris in 1:02-cv-00261, Jessie Streeter in 1:02-cv-00261, Emmitt L. Sparkman in 1:02-cv-00261, Christopher Epps in 1:02-cv-00261, Robert L. Johnson in 1:02-cv-00261 to Dismiss referring to: [17-1] motion to Dismiss for failure to exhaust available administrative remedies by Robert L. Johnson, Christopher Epps, Emmitt L. Sparkman, Jessie Streeter, Larry Harris (dlh)

Nov. 18, 2002

Nov. 18, 2002

29

RESPONSE by Paul Woodward in 1:02-cv-00261, John Nixon in 1:02- cv-00261, Kevin Jordan in 1:02-cv-00261, Sherwood Brown in 1:02-cv- 00261, Willie nmi Russell in 1:02-cv-00261 in opposition to [28-1] supplemental amended motion to Dismiss by Robert L. Johnson, Christopher Epps, Emmitt L. Sparkman, Jessie Streeter, Larry Harris (jb)

Nov. 25, 2002

Nov. 25, 2002

30

NOTICE OF SERVICE of responses to requests by Larry Harris , Jessie Streeter , Emmitt L. Sparkman, Christopher Epps , Robert L. Johnson to Paul Woodward, John Nixon, Kevin Jordan, Sherwood Brown , Willie Russell (dlh)

Dec. 2, 2002

Dec. 2, 2002

32

NOTICE OF SERVICE of designation of expert witnesses by Larry Harris in 1:02-cv-00261, Jessie Streeter in 1:02-cv-00261, Emmitt L. Sparkman in 1:02-cv-00261, Christopher Epps in 1:02-cv-00261, Robert L. Johnson in 1:02-cv-00261 to Paul Woodward in 1:02-cv-00261, John Nixon in 1:02-cv-00261, Kevin Jordan in 1:02-cv-00261, Sherwood Brown in 1:02-cv-00261, Willie nmi Russell in 1:02-cv-00261 (jla) (Entered: 01/14/2003)

Jan. 9, 2003

Jan. 9, 2003

31

NOTICE OF SERVICE of supplemental responses to requests for production by Larry Harris in 1:02-cv-00261, Jessie Streeter in 1:02-cv- 00261, Emmitt L. Sparkman in 1:02-cv-00261, Christopher Epps in 1:02- cv-00261, Robert L. Johnson in 1:02-cv-00261 to Paul Woodward in 1:02-cv-00261, John Nixon in 1:02-cv-00261, Kevin Jordan in 1:02-cv- 00261, Sherwood Brown in 1:02-cv-00261, Willie nmi Russell in 1:02- cv-00261 (jla)

Jan. 10, 2003

Jan. 10, 2003

33

MEMORANDUM OPINION ( signed by Magistrate Judge Jerry A. Davis on 1/14/03) (jla)

Jan. 14, 2003

Jan. 14, 2003

34

ORDER denying as moot [8-1] motion to Certify Class ( signed by Magistrate Judge Jerry A. Davis on 1/14/03) Date of Entry: 1/14/03 (jla)

Jan. 14, 2003

Jan. 14, 2003

Evidentiary Hearing set for 10:00 2/13/03 before Magistrate Judge Jerry A. Davis in Oxford (jla)

Jan. 23, 2003

Jan. 23, 2003

35

NOTICE OF SERVICE of supplemental responses to requests for production by Larry Harris in 1:02-cv-00261, Jessie Streeter in 1:02-cv- 00261, Emmitt L. Sparkman in 1:02-cv-00261, Christopher Epps in 1:02- cv-00261, Robert L. Johnson in 1:02-cv-00261 to Paul Woodward in 1:02-cv-00261, John Nixon in 1:02-cv-00261, Kevin Jordan in 1:02-cv- 00261, Sherwood Brown in 1:02-cv-00261, Willie nmi Russell in 1:02- cv-00261 (jla) Modified on 01/24/2003

Jan. 24, 2003

Jan. 24, 2003

36

NOTICE OF SERVICE of requests for production by Paul Woodward in 1:02-cv-00261, John Nixon in 1:02-cv-00261, Kevin Jordan in 1:02-cv- 00261, Sherwood Brown in 1:02-cv-00261, Willie nmi Russell in 1:02- cv-00261 to Larry Harris in 1:02-cv-00261, Jessie Streeter in 1:02-cv- 00261, Emmitt L. Sparkman in 1:02-cv-00261, Christopher Epps in 1:02- cv-00261, Robert L. Johnson in 1:02-cv-00261 (jla) Modified on 01/28/2003 (Entered: 01/28/2003)

Jan. 27, 2003

Jan. 27, 2003

WRIT of habeas corpus ad testificandum issued for Willie Russell. (jla)

Feb. 11, 2003

Feb. 11, 2003

37

RESPONSE by Larry Harris in 1:02-cv-00261, Jessie Streeter in 1:02-cv- 00261, Emmitt L. Sparkman in 1:02-cv-00261, Christopher Epps in 1:02- cv-00261, Robert L. Johnson in 1:02-cv-00261 to [34-1] order (jla)

Feb. 11, 2003

Feb. 11, 2003

38

CIVIL MINUTES for: Non-Jury Trial held 2/15/03 before Mag. Judge Davis in Oxford; Court Reporter: Debbie Harris; proposed findings of fact and conclusions of law due from parties by 3/10/03 (jla)

Feb. 18, 2003

Feb. 18, 2003

Non-Jury Trial held (jla)

Feb. 18, 2003

Feb. 18, 2003

39

Witness and Exhibit list by Larry Harris in 1:02-cv-00261, Jessie Streeter in 1:02-cv-00261, Emmitt L. Sparkman in 1:02-cv-00261, Christopher Epps in 1:02-cv-00261, Robert L. Johnson in 1:02-cv-00261, Paul Woodward in 1:02-cv-00261, John Nixon in 1:02-cv-00261, Kevin Jordan in 1:02-cv-00261, Sherwood Brown in 1:02-cv-00261, Willie nmi Russell in 1:02-cv-00261 (jla)

Feb. 18, 2003

Feb. 18, 2003

TRANSCRIPT [3 Vols.] filed for Evidentiary Hearing for dates of 2/13- 15/03, Oxford before Mag. Judge Jerry A. Davis (tab)

March 3, 2003

March 3, 2003

This case was consolidated with 4:71CV6 with previous consent entered, and parties agreed (mhg)

March 5, 2003

March 5, 2003

40

Letter MOTION by Paul Woodward in 1:02-cv-00261, John Nixon in 1:02-cv-00261, Kevin Jordan in 1:02-cv-00261, Sherwood Brown in 1:02-cv-00261, Willie nmi Russell in 1:02-cv-00261 for Heather Esme Bashwiner to Appear Pro Hac Vice, Admission Fee: Amount $ 25 Receipt # 70421 (mhg) (Entered: 03/13/2003)

March 11, 2003

March 11, 2003

42

WRIT of habeas corpus ad testificandum as to Willie Russell returned executed on 2/13/03 (jla)

April 15, 2003

April 15, 2003

43

MEMORANDUM OPINION ( signed by Magistrate Judge Jerry A. Davis on 5/21/03) (dlh)

May 21, 2003

May 21, 2003

44

FINAL JUDGMENT re remedial action by defendants to correct the 8th amendment violations; by 7/7/03 the defendants shall report their progress in meeting the remedial actions ordered by the court; the plaintiffs are granted until 7/17/03 to respond to any matters raised by the defendants; the plaintiffs are awarded their reasonable attorneys' fees and expenses ( signed by Magistrate Judge Jerry A. Davis on 5/21/03) COB # 55 pg. 147-149 Date of Entry: 5/21/03 (dlh) Modified on 07/07/2003

May 21, 2003

May 21, 2003

Case closed (4:71-cv-00006) (dlh)

May 21, 2003

May 21, 2003

45

MOTION by Paul Woodward, John Nixon, Kevin Jordan, Sherwood Brown, Willie nmi Russell to supplement findings (jla)

June 2, 2003

June 2, 2003

46

MOTION by Paul Woodward, John Nixon, Kevin Jordan, Sherwood Brown, Willie nmi Russell for Attorney Fees , to Extend Time to file declarations of counsel in support of motion for fees and expenses (jla)

June 4, 2003

June 4, 2003

47

RESPONSE by Larry Harris, Jessie Streeter, Emmitt L. Sparkman, Christopher Epps, Robert L. Johnson to [45-1] motion to supplement findings by Willie nmi Russell, Sherwood Brown, Kevin Jordan, John Nixon, Paul Woodward (dlh)

June 6, 2003

June 6, 2003

48

NOTICE OF APPEAL of [44-1] judgment order by Larry Harris, Jessie Streeter, Emmitt L. Sparkman, Christopher Epps, Robert L. Johnson . FILING FEE $ 105.00 RECEIPT # 71880 Appeal record due on 6/21/03 (dlh)

June 6, 2003

June 6, 2003

49

MOTION by Larry Harris, Jessie Streeter, Emmitt L. Sparkman, Christopher Epps, Robert L. Johnson to Stay Execution of Judgment pending appeal (dlh)

June 6, 2003

June 6, 2003

Notice of Appeal and certified copy of docket to USCA: [48-1] appeal by Robert L. Johnson, Christopher Epps, Emmitt L. Sparkman, Jessie Streeter, Larry Harris (dlh)

June 6, 2003

June 6, 2003

50

ORDER granting [46-2] motion to Extend Time to file declarations of counsel in support of motion for fees and expenses by 7/25/03 (signed by Magistrate Judge Jerry A. Davis on 6/12/03) Date of Entry: 6/12/03 (jla)

June 12, 2003

June 12, 2003

51

MOTION by Paul Woodward, John Nixon, Kevin Jordan, Sherwood Brown, Willie nmi Russell for status conference (jla)

June 16, 2003

June 16, 2003

52

AFFIDAVIT of Margaret Winter Re: [51-1] motion for status conference by Willie nmi Russell, Sherwood Brown, Kevin Jordan, John Nixon, Paul Woodward (jla)

June 16, 2003

June 16, 2003

53

RESPONSE by Paul Woodward, John Nixon, Kevin Jordan, Sherwood Brown, Willie nmi Russell in opposition to [49-1] motion to Stay Execution of Judgment pending appeal by Robert L. Johnson, Christopher Epps, Emmitt L. Sparkman, Jessie Streeter, Larry Harris (jla)

June 16, 2003

June 16, 2003

54

ORDER denying [49-1] motion to Stay Execution of Judgment pending appeal ( signed by Magistrate Judge Jerry A. Davis on 6/18/03) Date of Entry: 6/18/03 (jla)

June 18, 2003

June 18, 2003

55

SUPPLEMENTAL MEMORANDUM OPINION re 5/21/03 opinion ( signed by Magistrate Judge Jerry A. Davis on 6/18/03) (jla)

June 18, 2003

June 18, 2003

Certified and transmitted Record on Appeal to U.S. Court of Appeals: [48-1] appeal by Robert L. Johnson, Christopher Epps, Emmitt L. Sparkman, Jessie Streeter, Larry Harris (3 volumes record, 3 volumes transcript, 1 volume exhibits) (dlh)

June 23, 2003

June 23, 2003

56

MOTION for Sandi Farrell to Withdraw as Attorney as attorney for plaintiffs (dlh)

June 25, 2003

June 25, 2003

USCA Case Number Re: [48-1] appeal by Robert L. Johnson, Christopher Epps, Emmitt L. Sparkman, Jessie Streeter, Larry Harris USCA NUMBER: 03-60529 (mhg)

June 30, 2003

June 30, 2003

57

ORDER granting [56-1] motion for Sandi Farrell to Withdraw as attorney for plaintiffs (Terminated attorney Sandra Farrell for Willie nmi Russell, attorney Sandra Farrell for Sherwood Brown, attorney Sandra Farrell for Kevin Jordan, attorney Sandra Farrell for John Nixon, attorney Sandra Farrell for Paul Woodward ( signed by Magistrate Judge Jerry A. Davis on 7/1/03) Date of Entry: 7/1/03 (dlh)

July 1, 2003

July 1, 2003

NOTICE of Docketing ROA from USCA Re: [48-1] appeal by Robert L. Johnson, Christopher Epps, Emmitt L. Sparkman, Jessie Streeter, Larry Harris USCA Number: 03-60529 (dlh)

July 8, 2003

July 8, 2003

58

ORDER denying defendants' motion for additional time until the 5th Circuit rules on defendants' request for a stay; plaintiffs are granted 12 days to respond to defendants' report to court; plaintiffs' attorneys and experts are granted access to death row for a period from 9:00 to 3:30 on a day next week acceptable to all parties; the attorneys and experts may take still photographs and record their interviews with the plaintiffs (signed by Magistrate Judge Jerry A. Davis on 7/16/03) Date of Entry: 7/16/03 (jla) (Entered: 07/17/2003)

July 16, 2003

July 16, 2003

59

MOTION by Larry Harris, Jessie Streeter, Emmitt L. Sparkman, Christopher Epps, Robert L. Johnson to Extend Time to submit their plan of progress in meeting the remedial actions ordered by the Court until USCA has ruled on motion to stay (mhg) (Entered: 07/18/2003)

July 17, 2003

July 17, 2003

60

Defendant's Report to the Court (jla)

July 23, 2003

July 23, 2003

61

MOTION by Larry Harris, Jessie Streeter, Emmitt L. Sparkman, Christopher Epps, Robert L. Johnson to Hold in Abeyance [46-1] motion for Attorney Fees by Willie nmi Russell, Sherwood Brown, Kevin Jordan, John Nixon, Paul Woodward (jla)

July 25, 2003

July 25, 2003

62

ORDER granting [61-1] motion to Hold in Abeyance [46-1] motion for Attorney Fees by Willie nmi Russell, Sherwood Brown, Kevin Jordan, John Nixon, Paul Woodward; at the time 5th Circuit rules on the appeal, plaintiffs may renew their motion, if appropriate (signed by Magistrate Judge Jerry A. Davis on 7/29/03) Date of Entry: 7/29/03 (jla)

July 29, 2003

July 29, 2003

63

RESPONSE by Paul Woodward, John Nixon, Kevin Jordan, Sherwood Brown, Willie nmi Russell to [60-1] remark (jla)

Aug. 6, 2003

Aug. 6, 2003

64

JUDGMENT OF USCA (certified copy) affirming in part and vacating in part the judgment of the District Court; Re: [48-1] appeal by Robert L. Johnson, Christopher Epps, Emmitt L. Sparkman, Jessie Streeter, Larry Harris (jla)

July 21, 2004

July 21, 2004

Record on Appeal returned from U.S. Court of Appeals: [48-1] appeal (jla)

July 21, 2004

July 21, 2004

Case reopened (jla)

July 21, 2004

July 21, 2004

Returned mail sent o Robert E. Lewis marked 'return to sender' (jla)

July 27, 2004

July 27, 2004

65

Defendant's Report to the Court (jla) (Entered: 09/02/2004)

Sept. 1, 2004

Sept. 1, 2004

66

JUDGMENT OF USCA (certified copy) affirming in part and vacating in part opinion of District Court (jla) Modified on 09/07/2004

Sept. 3, 2004

Sept. 3, 2004

67

JUDGMENT OF USCA (certified copy) denying motion for attorneys fees (jla) Modified on 09/07/2004

Sept. 3, 2004

Sept. 3, 2004

68

MEMORANDUM by Paul Woodward in 1:02-cv-00261, John Nixon in 1:02-cv-00261, Kevin Jordan in 1:02-cv-00261, Sherwood Brown in 1:02-cv-00261, Willie nmi Russell in 1:02-cv-00261 in support of plaintiffs' renewed motion for attorney's fees and expenses (motion not filed with the Clerk's Office) (jla) Modified on 09/10/2004

Sept. 9, 2004

Sept. 9, 2004

69

ORDER granting plaintiff's oral motion to permit medical and psychiatric experts to visit Unit 32 during the weeks of 10/9/04 and 11/8/04 ( signed by Magistrate Judge Jerry A. Davis on 9/27/04) Date of Entry: 9/27/04 (dlh)

Sept. 27, 2004

Sept. 27, 2004

TRANSCRIPT filed for dates of 06/28/04 and 06/29/04 for Hearing on Motion to Terminate Court Supervision before Mag. Judge Jerry A. Davis in Oxford, MS. (2 Volumes) (nsm)

Sept. 28, 2004

Sept. 28, 2004

70

AMENDMENT TO MEMORANDUM IN SUPPORT of plaintiffs' renewed motion for attorney's fees and expenses by Willie nmi Russell, Sherwood Brown, Kevin Jordan, John Nixon, Paul Woodward. (jla, USDC)

Nov. 15, 2004

Nov. 15, 2004

71

RESPONSE in Opposition re [46] Motion for Attorney Fees, Motion for Extension of Time filed by Jessie Streeter, Larry Harris, Robert L. Johnson, Christopher Epps, Emmitt L. Sparkman. (dlh, USDC)

Nov. 22, 2004

Nov. 22, 2004

72

MEMORANDUM IN SUPPORT re 71 Response in Opposition to Motion by Jessie Streeter, Larry Harris, Robert L. Johnson, Christopher Epps, Emmitt L. Sparkman. (Attachments: # 1)(dlh, USDC)

Nov. 22, 2004

Nov. 22, 2004

73

REBUTTAL DECLARATION of Margaret Winter regarding plaintiffs' motion for attorneys' fees and expenses by Willie nmi Russell, Sherwood Brown, Kevin Jordan, John Nixon, Paul Woodward, Tracy nmi Hansen. (mhg, USDC) Modified on 12/3/2004 (mhg, USDC).

Dec. 3, 2004

Dec. 3, 2004

74

REBUTTAL DECLARATION of Stephen F. Hanlon regarding plaintiffs' motion for attorneys fees and expenses by Willie nmi Russell, Sherwood Brown, Kevin Jordan, John Nixon, Paul Woodward, Tracy nmi Hansen. (mhg, USDC)

Dec. 3, 2004

Dec. 3, 2004

75

ORDER Awarding Attorneys' Fees and Expenses re:73,74,[68], [46],70,71],72,. Signed by Judge Jerry A. Davis on 2/4/2005. (jkj, USDC)

Feb. 4, 2005

Feb. 4, 2005

76

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

Aug. 1, 2005

Aug. 1, 2005

77

Pro Hac Vice Fee Paid: $ $25.00, receipt number 81010 filed by Gouri Bhat. (dmd, USDC) Modified on 8/8/2005 (dmd, USDC).

Aug. 8, 2005

Aug. 8, 2005

78

ORDER granting 76 Motion to Appear Pro Hac Vice of Attorney Gouri Bhat. Signed by Judge Jerry A. Davis on 8/10/2005. (jkj, USDC)

Aug. 10, 2005

Aug. 10, 2005

79

NOTICE of Attorney Appearance by Leonard Charlton Vincent on behalf of Jessie Streeter, Larry Harris, Robert L. Johnson, Christopher Epps, Emmitt L. Sparkman (Vincent, Leonard)

Aug. 15, 2005

Aug. 15, 2005

80

NOTICE of mandatory electronic filing sent to Heather Esme Bashwiner (jla, USDC)

April 7, 2006

April 7, 2006

81

ORDER to Show Cause sent to Heather Esme Bashwiner re 80 Notice of mandatory electronic case filing. Signed by the Clerk on 4/21/06. (jla, USDC)

April 21, 2006

April 21, 2006

82

MOTION for Heather Esme Bashwiner to Withdraw as Attorney by all plaintiffs. (Hanlon, Stephen) Modified on 5/15/2006 (jla, USDC).

May 12, 2006

May 12, 2006

83

ORDER granting 82 Motion to Withdraw as Attorney for Plaintiffs. Attorney Heather Esme Bashwiner terminated. Signed by Judge Jerry A. Davis on 5/15/2006. (jkj, USDC)

May 15, 2006

May 15, 2006

Case Details

State / Territory: Mississippi

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: July 12, 2002

Closing Date: 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All Death Row prisoners who are now, or will in the future be, confned at Mississippi State Penitentiary in Parchman, Mississippi.

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 [MDOC], State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 2003 - 2006

Content of Injunction:

Preliminary relief denied

Issues

General:

Access to lawyers or judicial system

Bathing and hygiene

Disciplinary segregation

Education

Food service / nutrition / hydration

Mail

Phone

Recreation / Exercise

Sanitation / living conditions

Totality of conditions

Visiting

Affected Gender:

Male

Medical/Mental Health:

Dental care

Medical care, general

Mental health care, general

Type of Facility:

Government-run