Case: U.S. v. Mississippi

3:03-cv-01354 | U.S. District Court for the Southern District of Mississippi

Filed Date: Dec. 18, 2003

Closed Date: Aug. 19, 2014

Clearinghouse coding complete

Case Summary

In 2002, the U.S. Department of Justice's Civil Rights Division ("DOJ") conducted investigations, aided by expert consultants in juvenile justice administration, psychology, medicine, education, and sanitation, at two military-style juvenile facilities ("Oakley" and "Columbia") operated by the state of Mississippi. In June 2003, DOJ notified the state in a findings letter that the investigations revealed that the facilities deprived the resident juveniles of rights under the First, Eighth and F…

In 2002, the U.S. Department of Justice's Civil Rights Division ("DOJ") conducted investigations, aided by expert consultants in juvenile justice administration, psychology, medicine, education, and sanitation, at two military-style juvenile facilities ("Oakley" and "Columbia") operated by the state of Mississippi. In June 2003, DOJ notified the state in a findings letter that the investigations revealed that the facilities deprived the resident juveniles of rights under the First, Eighth and Fourteenth Amendments, the Violent Crime Control and Law Enforcement Act of 1994, 42 U.S.C. § 14141, the Individuals with Disabilities Education Act, 20 U.S.C. § 1401, and Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794.

DOJ found that youth confined at Oakley and Columbia suffered harm or the risk of harm from deficiencies in the facilities' (1) provision of mental health and medical care, (2) protection of juveniles from harm (including physical harm from staff), and (3) juvenile justice management (lack of due process and adequate grievance procedures, untrained staff, mail/telephone/visitation inadequacies, and limited exercise opportunities). DOJ also found sanitation deficiencies at Oakley. In addition, both facilities failed to provide required general education services, as well as education to eligible youth as required by the Individuals with Disabilities Education Act. The First Amendment violations were rooted in both facilities' requiring youth to engage in religious activities. The findings letter proposed a number of remedial measures for the state to adopt, offered to negotiate with the state to reach a resolution of the allegations, and stated that a federal lawsuit could soon be filed against the state if a negotiated settlement could not be reached.

On December 18, 2003, in the U.S. District Court for the Southern District of Mississippi, the DOJ filed a lawsuit against the state (and relevant juvenile justice-related state officials and agencies). Among the allegations were the defendants' failure to adequately protect youth from harm and the risk of harm (including staff abuse) at these facilities, unreasonable isolation and restraint use, failure to provide adequate mental and medical health care and rehabilitative treatment, inadequate educational services, and failure to provide adequate special education services to youth with mental illness and intellectual and learning disabilities. The DOJ sought declaratory and equitable relief, relying upon authority granted by 42 U.S.C. § 14141.

In the meantime, in an originally-separate class action case involving Columbia that was filed on April 13, 2004 against the state, a settlement had been reached to remedy the facilities' limits on juvenile residents' contacts with their attorneys. By the time the settlement was reached, on January 12, 2005, that case had been consolidated with the DOJ's case pursuant to an unpublished July 12, 2004, order of Magistrate Judge James C. Sumner. Lawyers from the Southern Poverty Law Center and the Mississippi Center for Justice had represented the juvenile plaintiff in the 2004 case, K.L.W. v. James.

Later in 2005, separate agreements were reached between the DOJ and the state to address the shortcomings at the juvenile facilities that were alleged in the 2003 DOJ lawsuit. In a May 4, 2005, memorandum of agreement, the parties detailed means of remedying deficiencies in mental health care, rehabilitative services, and special education. On June 9, 2005, the parties filed an agreement setting out remedial measures to address protection from harm, suicide prevention, and medical and dental care issues. Both agreements included provisions for compliance and quality assurance and for monitoring and enforcement, imposed reporting requirements and rights of access, and set out implementation and termination procedures. Joyce Burrell was chosen to be the monitor. District Judge Henry T. Wingate approved the settlement and received the subsequently-filed periodic monitor's reports.

An Amendment to Consent Decree was filed with the court on February 26, 2008, which extended its provisions to May 31, 2010, appointed two court monitors—Leonard Dixon and Lindsay Hayes—set out deadlines for receiving detailed action plans from those monitors, and addressed compliance with the Prison Litigation Reform Act, 18 U.S.C. § 3626(a).

In 2010, the court ordered the Consent Decree amended to dismiss certain provisions and modify others, and appointed Dr. Kelly Dedel as a monitor. The court required the defendant to develop a comprehensive action plan for the substantive remedial areas of the Agreement. This Action Plan was filed with the court on September 16, 2010.

Monitoring continued, and on April 12, 2013, the parties advised the court that the state had satisfied the requirements in the major substantive areas of the Consent Decree. The only remaining action at that point was implementation of the Quality Assurance program.

On September 27, 2013, the court (Judge Wingate) signed an Agreed Order Terminating Specific Provisions of the Amended Consent Decree, in which parties agreed that the state had met its burden of remaining in substantial compliance for a period of six months with regards to many provisions of the Consent Decree.

The twenty-first Monitor’s Report, issued on May 8, 2014, explained that Missouri had complied with the remaining Consent Decree provisions, and DOJ concurred with this conclusion. Therefore, on August 19, 2014, Judge Wingate terminated the Consent Decree and its associated Orders and finally dismissed the case with prejudice.

Summary Authors

Elizabeth Daligga (7/26/2012)

Frances Hollander (2/21/2016)

Zoe Van Dyke (10/19/2022)

Related Cases

Morgan v. Sproat, Southern District of Mississippi (1975)

K.L.W. v. James, Southern District of Mississippi (2004)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/11977600/parties/united-states-v-mississippi-state-of/


Judge(s)
Attorney for Plaintiff

Acosta, R. Alexander (District of Columbia)

Anderson, Robert G. (Mississippi)

Bedi, Sheila A. (Mississippi)

Boyd, Ralph F. Jr. (District of Columbia)

Brown Cutlar, Shanetta Y. (District of Columbia)

Attorney for Defendant

show all people

Documents in the Clearinghouse

Document

3:03-cv-01354

Docket (PACER)

United States, et al v. Mississippi State Of, et al

Jan. 30, 2015

Jan. 30, 2015

Docket

Re: CRIPA Investigation of Oakley and Columbia Training Schools in Raymond and Columbia, Mississippi

DOJ CRIPA Investigation of Oakley and Columbia Training Schools in Raymond and Columbia, Mississippi

No Court

June 19, 2003

June 19, 2003

Findings Letter/Report
1

3:03-cv-01354

Complaint

Dec. 18, 2003

Dec. 18, 2003

Complaint
83

3:03-cv-01354

Settlement Agreement in K.L.W. v. James [Consolidated Case]

Jan. 12, 2005

Jan. 12, 2005

Settlement Agreement

Memorandum of Agreement Between the United States and the State of Mississippi

No Court

May 4, 2005

May 4, 2005

Settlement Agreement
120

3:03-cv-01354

Agreement

June 9, 2005

June 9, 2005

Settlement Agreement
135

3:03-cv-01354

Amendment to Consent Decree

United States v. Mississippi

Feb. 28, 2008

Feb. 28, 2008

Settlement Agreement
160-1

3:03-cv-01354

State of Mississippi Action Plan

United States v. Mississippi

Sept. 16, 2010

Sept. 16, 2010

Settlement Agreement
160

3:03-cv-01354

Parties Joint Motion to Enter Compliance Action Plan as a Modification to the Agreement

United States v. Mississippi

Sept. 16, 2010

Sept. 16, 2010

Pleading / Motion / Brief
173

3:03-cv-01354

Agreed Order Terminating Specific Provisions of the Amended Consent Decree

The United States of America v. the State of Mississippi

Sept. 27, 2013

Sept. 27, 2013

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/11977600/united-states-v-mississippi-state-of/

Last updated April 18, 2024, 3 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT ; Notice of Assignment mailed. (thr) (Entered: 12/18/2003)

Dec. 18, 2003

Dec. 18, 2003

Clearinghouse

Case assigned to Pending Track - designation of appropriate track will be made after Case Management Conference and a final track assignment. (thr)

Dec. 18, 2003

Dec. 18, 2003

PACER

Magistrate Judge Assignment Alfred G. Nicols (thr)

Dec. 18, 2003

Dec. 18, 2003

PACER

SUMMONS(ES) issued for defendant Mississippi State Of, defendant Ronnie Musgrove, defendant MS Dept of HS, defendant Thelma Brittain, defendant MS Div. of Youth, defendant Willie Blackmon, defendant Irvin Holston, defendant Richard James (thr)

Dec. 18, 2003

Dec. 18, 2003

PACER
2

SUMMONS Returned Executed as to defendant MS Dept of HS 12/18/03 Answer due on 1/7/04 for MS Dept of HS (jkm) (Entered: 01/08/2004)

Jan. 7, 2004

Jan. 7, 2004

PACER
4

SUMMONS Returned Executed as to defendant Mississippi State Of 12/18/03 Answer due on 1/7/04 for Mississippi State Of (jkm) (Entered: 01/08/2004)

Jan. 7, 2004

Jan. 7, 2004

PACER
5

SUMMONS Returned Executed as to defendant Thelma Brittain 12/18/03 Answer due on 1/7/04 for Thelma Brittain (jkm) (Entered: 01/08/2004)

Jan. 7, 2004

Jan. 7, 2004

PACER
6

SUMMONS Returned Executed as to defendant Willie Blackmon 12/18/03 Answer due on 1/7/04 for Willie Blackmon (jkm) (Entered: 01/08/2004)

Jan. 7, 2004

Jan. 7, 2004

PACER
7

SUMMONS Returned Executed as to defendant MS Div. of Youth 12/18/03 Answer due on 1/7/04 for MS Div. of Youth (jkm) (Entered: 01/08/2004)

Jan. 7, 2004

Jan. 7, 2004

PACER
8

SUMMONS Returned Executed as to defendant Irvin Holston 12/18/03 Answer due on 1/7/04 for Irvin Holston (jkm) (Entered: 01/08/2004)

Jan. 7, 2004

Jan. 7, 2004

PACER
9

MOTION by defendants Mississippi State Of, etc. to Extend Time to Respond to the Complaint (jkm) (Entered: 01/08/2004)

Jan. 7, 2004

Jan. 7, 2004

PACER
3

SUMMONS Returned Executed as to defendant Ronnie Musgrove 12/18/03 Answer due on 1/7/04 for Ronnie Musgrove (jkm) (Entered: 01/08/2004)

Jan. 8, 2004

Jan. 8, 2004

PACER
10

ORDER granting [9-1] motion to Extend Time to Respond to the Complaint on or before 1/30/04. ( signed by Magistrate Judge Alfred G. Nicols ); copies mailed. (jkm) (Entered: 01/13/2004)

Jan. 9, 2004

Jan. 9, 2004

PACER

SUMMONS(ES) issued for defendant Thelma Brittain (jkm)

Jan. 9, 2004

Jan. 9, 2004

PACER

SUMMONS(ES) issued for defendant MS Dept of HS, defendant MS Div. of Youth, defendant Willie Blackmon (jkm)

Jan. 13, 2004

Jan. 13, 2004

PACER
11

RESPONSE by plaintiff United States to [9-1] motion to Extend Time to Respond to the Complaint by defendant (jkm) (Entered: 01/14/2004)

Jan. 14, 2004

Jan. 14, 2004

PACER
12

SUMMONS Returned Executed as to defendant Thelma Brittain 1/14/04 Answer due on 2/3/04 for Thelma Brittain (jkm) (Entered: 01/15/2004)

Jan. 14, 2004

Jan. 14, 2004

PACER
13

SUMMONS Returned Executed as to defendant MS Dept of HS 1/14/04 Answer due on 2/3/04 for MS Dept of HS (jkm) (Entered: 01/15/2004)

Jan. 14, 2004

Jan. 14, 2004

PACER
14

SUMMONS Returned Executed as to defendant MS Div. of Youth 1/4/04 Answer due on 1/26/04 for MS Div. of Youth (jkm) (Entered: 01/15/2004)

Jan. 14, 2004

Jan. 14, 2004

PACER
15

SUMMONS Returned Executed as to defendant Willie Blackmon 1/14/04 Answer due on 2/3/04 for Willie Blackmon (jkm) (Entered: 01/15/2004)

Jan. 14, 2004

Jan. 14, 2004

PACER
16

SUMMONS Returned Executed 12/18/03 to Mitzi Paige, US Attorney's Office Answer due on 1/7/04 (jkm) (Entered: 01/29/2004)

Jan. 29, 2004

Jan. 29, 2004

PACER
17

MOTION by defendants Mississippi State, et al to Extend Time to Respond to the Complaint (jkm) (Entered: 02/03/2004)

Feb. 2, 2004

Feb. 2, 2004

PACER
18

ORDER granting [17-1] motion to Extend Time to Respond to the Complaint on or before February 13, 2004. ( signed by Magistrate Judge Alfred G. Nicols ); copies mailed. (jkm) (Entered: 02/05/2004)

Feb. 3, 2004

Feb. 3, 2004

PACER
19

ANSWER to Complaint by defendant Mississippi State Of (jkm) (Entered: 02/17/2004)

Feb. 13, 2004

Feb. 13, 2004

PACER
20

NOTICE of Filing of Motion to Consolidate in Related Case by plaintiff United States (jkm) (Entered: 02/17/2004)

Feb. 13, 2004

Feb. 13, 2004

PACER
21

Rule 16.1(A) Initial Order; copies mailed (jkm) (Entered: 02/24/2004)

Feb. 24, 2004

Feb. 24, 2004

PACER

Telephonic Case Management Conference set 11:15 4/13/04 location: Jackson, MS before Magistrate Judge Alfred G. Nicols copies mailed to Dunn Lampton (jkm)

Feb. 24, 2004

Feb. 24, 2004

PACER
22

NOTICE of filing respon to motion to consolidate in related case J75-21N by plaintiff United States (cwl) Modified on 03/01/2004 (Entered: 03/01/2004)

Feb. 27, 2004

Feb. 27, 2004

PACER
23

ORDER, reset Telephone Conference for 2:30 4/15/04 ( signed by Magistrate Judge Alfred G. Nicols ); copies mailed. (jkm) (Entered: 03/18/2004)

March 16, 2004

March 16, 2004

PACER
24

ORDER, resetting Telephone Conference for 11:45 4/20/04 ( signed by Magistrate Judge Alfred G. Nicols ); copies mailed. (pkm) (Entered: 03/26/2004)

March 26, 2004

March 26, 2004

PACER
25

Pre-Discovery Disclosure by plaintiff United States (jkm) (Entered: 04/05/2004)

April 2, 2004

April 2, 2004

PACER

Telephonic Case Management Conference held (rrl)

April 20, 2004

April 20, 2004

PACER
26

ORDER, of recusal ( signed by Judge William H. Barbour Jr. ); copies mailed. (rrl) (Entered: 04/23/2004)

April 22, 2004

April 22, 2004

PACER

CASE reassigned to Judge Henry T. Wingate (rrl)

April 22, 2004

April 22, 2004

PACER

Magistrate Judge Assignment - JCS (rrl)

April 22, 2004

April 22, 2004

PACER
27

Minute entry: telephonic case management conference held 4/20/04 before Judge Nicols (rrl) (Entered: 04/23/2004)

April 22, 2004

April 22, 2004

PACER
28

CASE MANAGEMENT PLAN AND SCHEDULING ORDER Case Assigned to CJRA Track: Standard Scheduling Deadlines: Non-jury Trial 6/6/05 ; Final Pretrial Conference for 5/13/05 ; Discovery cutoff 1/6/05 ; Joining of parties,amending of pleadings by 5/20/04 ; Pla. Designation of Experts by 10/6/04 ; Dft Designation of Experts by 11/8/04 ; Motion Filing deadline on 1/21/05 ; ( signed by Magistrate Judge Alfred G. Nicols ) copies mailed. (rrl) (Entered: 04/23/2004)

April 22, 2004

April 22, 2004

PACER

Case assigned to Standard Track. (rrl)

April 22, 2004

April 22, 2004

PACER
29

MOTION by plaintiff United States to Consolidate Cases (jkm) (Entered: 05/05/2004)

May 5, 2004

May 5, 2004

PACER
30

REQUEST for Production of Documents and Request for Entry upon land to inspect documents and interview youth by plaintiff United States to defendants Mississippi State Of, et al (jkm) (Entered: 05/14/2004)

May 14, 2004

May 14, 2004

PACER
32

RESPONSE by plaintiff United States to [29-1] motion to Consolidate Cases by plaintiff (jkm) (Entered: 05/24/2004)

May 20, 2004

May 20, 2004

PACER
34

MEMORANDUM by plaintiff United States in support of [29-1] motion to Consolidate Cases by plaintiff (jkm) (Entered: 06/04/2004)

May 20, 2004

May 20, 2004

PACER
31

REQUEST for Admissions by plaintiff United States to counsel for defendants Mississippi State Of, et al (jkm) (Entered: 05/24/2004)

May 24, 2004

May 24, 2004

PACER
33

RESPONSE by defendant Mississippi State Of in opposition to [29-1] motion to Consolidate Cases by plaintiff (jkm) (Entered: 05/25/2004)

May 25, 2004

May 25, 2004

PACER
35

RESPONSE by plaintiff United States in support of [29-1] motion to Consolidate Cases by plaintiff (cwl) (Entered: 06/04/2004)

June 4, 2004

June 4, 2004

PACER
36

MOTION by defendants Mississippi State Of, et al State Defendant's Supplement to Their Opposition to Consolidation (jkm) (Entered: 06/09/2004)

June 8, 2004

June 8, 2004

PACER
37

REQUEST for Production of Documents and Objections and Responses to Plaintiff's Request for Entry Upon Land to Inspect Documents and Interview Youth by defendant Mississippi State Of to plaintiff United States (jkm) (Entered: 06/16/2004)

June 15, 2004

June 15, 2004

PACER
38

REQUEST for Production of Documents by plaintiff United States to defendants Mississippi State Of, Ronnie Musgrove, MS Dept of HS, Thelma Brittain, MS Div. of Youth, Willie Blackmon, Irvin Holston, Richard James (jkm) (Entered: 06/21/2004)

June 21, 2004

June 21, 2004

PACER
39

MOTION by defendants Mississippi State Of, et al to Extend Time to respond to Plaintiff's First Set of Request for Admissions (jkm) (Entered: 06/22/2004)

June 22, 2004

June 22, 2004

PACER
40

RESPONSE by plaintiff United States to [39-1] motion to Extend Time to respond to Plaintiff's First Set of Request for Admissions by defendant (jkm) (Entered: 06/25/2004)

June 25, 2004

June 25, 2004

PACER
41

ORDER granting [39-1] motion to Extend Time to respond to Plaintiff's First Set of Request for Admissions up to an including 7/7/04. ( signed by Magistrate Judge James C. Sumner ); copies mailed. (jkm) (Entered: 07/01/2004)

July 1, 2004

July 1, 2004

PACER
42

MOTION by plaintiff United States to Compel entry upon land for inspection and other purposes. (rrl) (Entered: 07/08/2004)

July 8, 2004

July 8, 2004

PACER
43

MEMORANDUM by plaintiff United States in support of [42-1] motion to Compel entry onto land for inspection and other purposes by plaintiff (rrl) (Entered: 07/08/2004)

July 8, 2004

July 8, 2004

PACER
44

Notice of Service of Response by defendant Mississippi State Of to Defendants' Objections and Responses to Plaintiff's First Request for Admissions (lbt) (Entered: 07/08/2004)

July 8, 2004

July 8, 2004

PACER
45

ORDER granting [29-1] motion to Consolidate Cases 2:04cv149BrSu and 3:03cv1354WSu are consolidated for all purposes. All subsequent filings shall be made solely in civil action no. 3:03cv1354WSu. ( signed by Magistrate Judge James C. Sumner ); copies mailed. (jkm) (Entered: 07/12/2004)

July 12, 2004

July 12, 2004

PACER

Consolidated Lead Case (mjr)

July 12, 2004

July 12, 2004

PACER
46

RESPONSE by plaintiff Rosetta Williams in opposition to defendants' motion for judgment on the pleadings and motion to stay consideration of plaintiffs' motion for class certification. (rrl) (Entered: 07/21/2004)

July 16, 2004

July 16, 2004

PACER
47

MOTION by defendants Mississippi State Of, et al to Extend Time file rebuttal memorandum in support of defendant's motion for judgment on the pleadings (jkm) (Entered: 07/26/2004)

July 23, 2004

July 23, 2004

PACER
48

ORDER, for Protective Order ( signed by Magistrate Judge James C. Sumner ); copies mailed. (jkm) (Entered: 07/28/2004)

July 23, 2004

July 23, 2004

PACER
50

ORDER granting [47-1] motion to Extend Time file rebuttal to Defendant's Motions for Judgment on the Pleadings signed by Judge David C. Bramlette III ); copies mailed. (jkm) (Entered: 07/29/2004)

July 26, 2004

July 26, 2004

PACER
49

MOTION by defendants Mississippi State Of, et al to Extend Time to Respond to Plaintiff's Motion to Compel Entry Upon Land for Inspection and Other Purposes (jkm) (Entered: 07/28/2004)

July 27, 2004

July 27, 2004

PACER
51

Notice of Service of Interrogatories and Request for Production of Documents by plaintiff United States (jkm) (Entered: 08/03/2004)

Aug. 3, 2004

Aug. 3, 2004

PACER
52

RESPONSE by plaintiff United States to [49-1] motion to Extend Time to Respond to Plaintiff's Motion to Compel Entry by defendant (jkm) (Entered: 08/05/2004)

Aug. 5, 2004

Aug. 5, 2004

PACER
53

RESPONSE by defendant Mississippi State Of in opposition to [42-1] motion to Compel by plaintiff (jkm) (Entered: 08/11/2004)

Aug. 11, 2004

Aug. 11, 2004

PACER
54

MOTION by defendants Mississippi State Of, et al to Second Extend Time to File Rebuttal Memorandum in Support of Defendant's Motion for Judgment on the Pleadings (jkm) (Entered: 08/13/2004)

Aug. 13, 2004

Aug. 13, 2004

PACER
55

Notice of Service of Interrogatories by plaintiff United States (jkm) (Entered: 08/19/2004)

Aug. 18, 2004

Aug. 18, 2004

PACER
56

REBUTTAL/MEMORANDUM by plaintiff United States in support of [42-1] motion to Compel by plaintiff (jkm) (Entered: 08/20/2004)

Aug. 19, 2004

Aug. 19, 2004

PACER
57

ORDER granting [49-1] motion to Extend Time to Respond to Plaintiff's Motion to Compel Entry shall have on or before 8/9/04. ( signed by Magistrate Judge James C. Sumner ); copies mailed. (jkm) Modified on 08/24/2004 (Entered: 08/24/2004)

Aug. 23, 2004

Aug. 23, 2004

PACER
58

REBUTTAL/RESPONSE by defendant Mississippi State Of in support of motion for judgment on the pleadings and stay of class certification (*these motions filed in 2:04cv149) (jkm) (Entered: 08/27/2004)

Aug. 23, 2004

Aug. 23, 2004

PACER
59

MOTION by plaintiff United States to Extend Time Discovery Deadlines (jkm) (Entered: 09/17/2004)

Sept. 16, 2004

Sept. 16, 2004

PACER
60

MEMORANDUM by plaintiff United States in support of [59-1] motion to Extend Time Discovery Deadlines by plaintiff (jkm) (Entered: 09/17/2004)

Sept. 16, 2004

Sept. 16, 2004

PACER
61

Notice of Service of Response by defendant Mississippi State Of to Plaintiff's First Interrogatories and Request for Production of Documents (jkm) (Entered: 09/20/2004)

Sept. 17, 2004

Sept. 17, 2004

PACER
62

ORDER granting [59-1] motion to Extend Time Discovery Deadlines, Set Case Management Order Deadlines Jury Trial 12/5/05 ; Final Pretrial Conference for 11/22/05 ; Discovery Cutoff 7/6/05 ; Pla. Designation of Experts by 4/6/05 ; Dft Designation of Experts by 5/6/05 ; Motion Filing Deadline on 8/5/05 ; ( signed by Magistrate Judge James C. Sumner ); copies mailed. (jkm) (Entered: 09/23/2004)

Sept. 23, 2004

Sept. 23, 2004

PACER
63

Notice of Service of Response by defendant Mississippi State Of to Plaintiffs' First Request for Documents and First Set of Interrogatories (jkm) (Entered: 09/30/2004)

Sept. 30, 2004

Sept. 30, 2004

PACER
64

MOTION by plaintiff United States to Compel Documents previously withheld based on assertion of privilege (jkm) (Entered: 10/18/2004)

Oct. 15, 2004

Oct. 15, 2004

PACER
65

MEMORANDUM by plaintiff United States in support of [64-1] motion to Compel Documents by plaintiff (jkm) (Entered: 10/18/2004)

Oct. 15, 2004

Oct. 15, 2004

PACER
66

Good Faith Certificate executed by Harold Edward Pizzetta III, David B. Miller, Danielle J. Lipow, Sheila A. Bedi, Mitzi Dease Paige, Robert G. Anderson, Dunn Lampton as to [64-1] motion to Compel Documents by plaintiff (jkm) (Entered: 10/18/2004)

Oct. 15, 2004

Oct. 15, 2004

PACER
67

MOTION by defendants Mississippi State Of, et al to Extend Time to respond to plaintiff's motion to compel (jkm) (Entered: 10/28/2004)

Oct. 28, 2004

Oct. 28, 2004

PACER
68

NOTICE of by plaintiff United States of Second Discovery Request (jkm) (Entered: 11/02/2004)

Nov. 2, 2004

Nov. 2, 2004

PACER
69

RESPONSE by defendant Mississippi State Of, defendant Ronnie Musgrove, defendant MS Dept of HS, defendant Thelma Brittain, defendant MS Div. of Youth, defendant Willie Blackmon, defendant Irvin Holston, defendant Richard James, defendant Kathy Pittman, defendant Donald Taylor in opposition to [67-1] motion to Extend Time to respond to plaintiff's motion to compel by defendant (lbt) (Entered: 11/04/2004)

Nov. 4, 2004

Nov. 4, 2004

PACER
70

Notice of Service of Second Interrogatories by plaintiff United States (jkm) (Entered: 11/05/2004)

Nov. 4, 2004

Nov. 4, 2004

PACER
71

MOTION by plaintiff Rosetta Williams to Expedite Ruling on Motion for Class Certification (jkm) (Entered: 11/09/2004)

Nov. 5, 2004

Nov. 5, 2004

PACER
72

ORDER granting [67-1] motion to Extend Time to respond to plaintiff's motion to compel shall have until 11/16/04 to respond. ( signed by Magistrate Judge James C. Sumner ); copies mailed. (jkm) (Entered: 11/10/2004)

Nov. 10, 2004

Nov. 10, 2004

PACER
73

RESPONSE by defendant Mississippi State Of in opposition to [64-1] motion to Compel Documents by plaintiff (jkm) (Entered: 11/17/2004)

Nov. 17, 2004

Nov. 17, 2004

PACER
74

REBUTTAL MEMORANDUM by plaintiff United States in support of [73-1] opposition response by defendant (jkm) (Entered: 11/26/2004)

Nov. 26, 2004

Nov. 26, 2004

PACER
75

Notice of Service of Response by defendant Mississippi State Of, et al, to Second Set of Interrogatories (thr) (Entered: 12/07/2004)

Dec. 7, 2004

Dec. 7, 2004

PACER
76

MOTION by plaintiff Rosetta Williams to Extend Time to Submit Petition for Attorney Fees (jkm) (Entered: 12/17/2004)

Dec. 16, 2004

Dec. 16, 2004

PACER
77

MOTION to Vacate Order of Dismissal (jkm) (Entered: 12/17/2004)

Dec. 16, 2004

Dec. 16, 2004

PACER
78

Remark Plaintiffs' Objections to Involuntary Dismissal by Magistrate Judge. (Moore, Janet) (Entered: 12/23/2004)

Dec. 21, 2004

Dec. 21, 2004

PACER

Minute Entry for proceedings held before Judge James C. Sumner : Settlement Conference held on 12/07/2004. The parties were directed to submit an appropriate order to the court. The consolidated case 2:04cv149 settled. An order of dismissal will be entered by the court in this case only. (Frazier, Caroline)

Dec. 27, 2004

Dec. 27, 2004

PACER

Minute Entry for proceedings held before Judge James C. Sumner : Telephone Conference held on 12/22/2004. (Frazier, Caroline)

Dec. 27, 2004

Dec. 27, 2004

PACER
79

MOTION to Compel adequate responses to the United States' second set of interrogatories and to impose sanctions on defendants by United States of America. (THR, ) (Entered: 01/07/2005)

Jan. 5, 2005

Jan. 5, 2005

PACER
80

MEMORANDUM in Support re 79 MOTION to Compel filed by United States of America. exhibits maintained in court file (THR, ) Modified on 1/7/2005 (THR, ). (Entered: 01/07/2005)

Jan. 5, 2005

Jan. 5, 2005

PACER
81

ORDER granting 42 Motion to Compel . Signed by Judge James C. Sumner on 01-07-05. (THR, ) (Entered: 01/10/2005)

Jan. 10, 2005

Jan. 10, 2005

PACER
82

MOTION to Withdraw 77 Motion to Vacate by Rosetta Williams, United States of America. (THR, ) (Entered: 01/12/2005)

Jan. 12, 2005

Jan. 12, 2005

PACER
83

SETTLEMENT AGREEMENT IN K.L.W.V.JAMES by United States of America et al, and Mississippi State Of, et al. (THR, ) (Entered: 01/12/2005)

Jan. 12, 2005

Jan. 12, 2005

Clearinghouse
84

MOTION for Extension of Time to File Response/Reply to Plaintiff's Motion to Compel by Mississippi State Of. (Moore, Janet) (Entered: 01/28/2005)

Jan. 25, 2005

Jan. 25, 2005

PACER
85

NOTICE of Service of Second Set of Interrogatories by United States of America.(Moore, Janet) (Entered: 01/28/2005)

Jan. 25, 2005

Jan. 25, 2005

PACER
86

NOTICE of Service of 3rd set of Interrogatories by United States of America.(THR, ) (Entered: 01/28/2005)

Jan. 28, 2005

Jan. 28, 2005

PACER
87

ORDER granting 84 Motion for Extension of Time to File Response/Reply re 84 MOTION for Extension of Time to File Response/Reply Responses due by 2/7/2005 Replies due by 2/7/2005. Signed by Judge James C. Sumner on February 1, 2005. (CSF, ) (Entered: 02/02/2005)

Feb. 2, 2005

Feb. 2, 2005

PACER

Case Details

State / Territory: Mississippi

Case Type(s):

Juvenile Institution

Disability Rights

Speech and Religious Freedom

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 18, 2003

Closing Date: Aug. 19, 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

U.S. Department of Justice

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Mississippi, State

State of Mississippi, State

Oakley Training School, State

Columbia Training School, State

Defendant Type(s):

Jurisdiction-wide

Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq.

Indv. w/ Disab. Educ. Act (IDEA), Educ. of All Handcpd. Children Act , 20 U.S.C. § 1400

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Violent Crime and Law Enforcement Act, 34 U.S.C. § 12601 (previously 42 U.S.C. § 14141)

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Free Exercise Clause

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Findings Letter/Report

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Reporting

Monitor/Master

Monitoring

Goals (e.g., for hiring, admissions)

Order Duration: 2005 - 2014

Issues

General/Misc.:

Access to lawyers or judicial system

Disciplinary procedures

Education

Fire safety

Juveniles

Mail

Over/Unlawful Detention

Pattern or Practice

Recreation / Exercise

Rehabilitation

Religious programs / policies

Restraints : chemical

Restraints : physical

Staff (number, training, qualifications, wages)

Suicide prevention

Totality of conditions

Disability and Disability Rights:

Learning disability

Mental Illness, Unspecified

Special education

Jails, Prisons, Detention Centers, and Other Institutions:

Assault/abuse by staff (facilities)

Confinement/isolation

Disciplinary segregation

Grievance procedures

Visiting

Medical/Mental Health Care:

Dental care

Medical care, general

Medication, administration of

Mental health care, general

Suicide prevention