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)
Attorney for Plaintiff

Bashwiner, Heather Esme (Massachusetts)

Bhat, Ghouri (Texas)

Attorney for Defendant

Attorney, Tom Hunt

Clay, John L. (Mississippi)

Cole, Tom Hunt Jr. (Mississippi)

Documents in the Clearinghouse

Documents in this case

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

July 15, 2002

July 15, 2002

Order/Opinion

210 F.Supp.2d 804

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

May 21, 2003

May 21, 2003

Order/Opinion

2003 WL 22208029

03-60529

Court of Appeals Opinion

Gates v. Cook

U.S. Court of Appeals for the Fifth Circuit

June 28, 2004

June 28, 2004

Order/Opinion

376 F.3d 323

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

Docket

Last updated March 25, 2025, 8:32 a.m.

ECF Number Date Description Link
1 July 12, 2002

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

PACER
2 July 12, 2002

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)

PACER
July 12, 2002

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

PACER
July 12, 2002

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

PACER
3 July 15, 2002

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

PACER
4 July 15, 2002

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)

PACER
5 July 16, 2002

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)

PACER
11 July 17, 2002

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)

PACER
6 July 18, 2002

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)

PACER
7 July 18, 2002

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)

PACER
8 July 18, 2002

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

PACER
9 July 18, 2002

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

PACER
10 July 18, 2002

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)

PACER
July 18, 2002

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

PACER
12 July 24, 2002

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)

PACER
July 25, 2002

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

PACER
14 Aug. 15, 2002

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

PACER
15 Aug. 19, 2002

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)

PACER
16 Aug. 22, 2002

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

PACER
17 Aug. 23, 2002

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

PACER
18 Aug. 28, 2002

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)

PACER
19 Sept. 6, 2002

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)

PACER
20 Sept. 6, 2002

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

PACER
21 Sept. 16, 2002

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)

PACER
22 Sept. 20, 2002

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

PACER
23 Sept. 20, 2002

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)

PACER
24 Sept. 26, 2002

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)

PACER
25 Oct. 3, 2002

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)

PACER
Oct. 3, 2002

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

PACER
27 Oct. 25, 2002

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)

PACER
Oct. 25, 2002

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

PACER
28 Nov. 18, 2002

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)

PACER
29 Nov. 25, 2002

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)

PACER
30 Dec. 2, 2002

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)

PACER
32 Jan. 9, 2003

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)

PACER
31 Jan. 10, 2003

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)

PACER
33 Jan. 14, 2003

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

PACER
34 Jan. 14, 2003

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)

PACER
Jan. 23, 2003

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

PACER
35 Jan. 24, 2003

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

PACER
36 Jan. 27, 2003

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)

PACER
37 Feb. 11, 2003

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)

PACER
Feb. 11, 2003

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

PACER
38 Feb. 18, 2003

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)

PACER
39 Feb. 18, 2003

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)

PACER
Feb. 18, 2003

Non-Jury Trial held (jla)

PACER
March 3, 2003

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

PACER
March 5, 2003

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

PACER
40 March 11, 2003

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)

PACER
42 April 15, 2003

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

PACER
43 May 21, 2003

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

PACER
44 May 21, 2003

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

PACER
May 21, 2003

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

PACER
45 June 2, 2003

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

PACER
46 June 4, 2003

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)

PACER
47 June 6, 2003

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)

PACER
48 June 6, 2003

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)

PACER
49 June 6, 2003

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

PACER
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)

PACER
50 June 12, 2003

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)

PACER
51 June 16, 2003

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

PACER
52 June 16, 2003

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

PACER
53 June 16, 2003

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)

PACER
54 June 18, 2003

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)

PACER
55 June 18, 2003

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

PACER
June 23, 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)

PACER
56 June 25, 2003

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

PACER
June 30, 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)

PACER
57 July 1, 2003

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)

PACER
July 8, 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)

PACER
58 July 16, 2003

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)

PACER
59 July 17, 2003

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)

PACER
60 July 23, 2003

Defendant's Report to the Court (jla)

PACER
61 July 25, 2003

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)

PACER
62 July 29, 2003

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)

PACER
63 Aug. 6, 2003

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

PACER
64 July 21, 2004

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)

PACER
July 21, 2004

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

PACER
July 21, 2004

Case reopened (jla)

PACER
July 27, 2004

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

PACER
65 Sept. 1, 2004

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

PACER
66 Sept. 3, 2004

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

PACER
67 Sept. 3, 2004

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

PACER
68 Sept. 9, 2004

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

PACER
69 Sept. 27, 2004

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)

PACER
Sept. 28, 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)

PACER
70 Nov. 15, 2004

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)

PACER
71 Nov. 22, 2004

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)

PACER
72 Nov. 22, 2004

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)

PACER
73 Dec. 3, 2004

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).

PACER
74 Dec. 3, 2004

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)

PACER
75 Feb. 4, 2005

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)

PACER
76 Aug. 1, 2005

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

PACER
77 Aug. 8, 2005

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

PACER
78 Aug. 10, 2005

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)

PACER
79 Aug. 15, 2005

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)

PACER
80 April 7, 2006

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

PACER
81 April 21, 2006

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)

PACER
82 May 12, 2006

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

PACER
83 May 15, 2006

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)

PACER

Case Details

State / Territory:

Mississippi

Case Type(s):

Prison Conditions

Healthcare Access and Reproductive Issues

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

State

Mississippi Department of Corrections [MDOC]

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 1:02-cv-00261

U.S. Court of Appeals for the Fifth Circuit 03-60529

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief denied

Order Duration: 2003 - 2006

Issues

General/Misc.:

Access to lawyers or judicial system

Bathing and hygiene

Education

Food service / nutrition / hydration

Mail

Phone

Sanitation / living conditions

Totality of conditions

Affected Sex/Gender(s):

Male

Jails, Prisons, Detention Centers, and Other Institutions:

Disciplinary segregation

Recreation / Exercise

Visiting

Medical/Mental Health Care:

Dental care

Medical care, general

Mental health care, general

Recommended Citation