Case: Big House Books v. Hall

3:18-cv-00259 | U.S. District Court for the Southern District of Mississippi

Filed Date: April 26, 2018

Closed Date: Dec. 19, 2018

Clearinghouse coding complete

Case Summary

On April 26, 2018, the non-profit, Big House Books, along with two prisoners at the South Mississippi Correctional Institution (SMCI) filed this lawsuit in the U.S. District Court for the Southern District of Mississippi. Judge Daniel P. Jordan, III was assigned to the case. The plaintiffs sued SMCI and the Mississippi Department of Corrections (MDOC), alleging that the MDOC’s new policy of barring prisoners from receiving free books, unless they are religious books, was unconstitutional. More …

On April 26, 2018, the non-profit, Big House Books, along with two prisoners at the South Mississippi Correctional Institution (SMCI) filed this lawsuit in the U.S. District Court for the Southern District of Mississippi. Judge Daniel P. Jordan, III was assigned to the case. The plaintiffs sued SMCI and the Mississippi Department of Corrections (MDOC), alleging that the MDOC’s new policy of barring prisoners from receiving free books, unless they are religious books, was unconstitutional. More specifically, they brought this case under 42 U.S.C. § 1983, alleging that this new policy was discriminatory on the basis of religious content and violated the First and the Fourteenth Amendments. Represented by the Mississippi Center for Justice and private counsel, the plaintiffs sought declaratory and injunctive relief.

After the plaintiffs filed the complaint, there was little activity in the case, so the court issued an order to show cause why the case should not be dismissed for failure to prosecute on December 3, 2018. The plaintiffs responded by filing a stipulation of dismissal on December 19, 2018. The plaintiffs explained that shortly after the complaint was filed, the parties met and reached an agreement to change the policies and practices that led to this lawsuit. The defendants stopped their practice of only allowing prisoners to receive free books if they were religious. In the summer of 2018, MDOC clarified their policy to make clear that free books from distributors, like Big House Books, could be sent to prisoners. The plaintiffs monitored the shipments to prisoners to ensure that the practice changed and found prompt and ongoing compliance. The parties then agreed that the plaintiffs would be paid attorneys’ fees of $6,000 for their work. The case is now closed.

Summary Authors

Rebecca Strauss (6/6/2018)

Emily Kempa (3/25/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/7794725/parties/big-house-books-v-hall/


Judge(s)

Ball, F. Keith (Mississippi)

Jordan, Daniel Porter III (Mississippi)

Attorney for Plaintiff

McDuff, Robert B. (Mississippi)

Orlansky, Beth L. (Mississippi)

Judge(s)

Ball, F. Keith (Mississippi)

Jordan, Daniel Porter III (Mississippi)

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Documents in the Clearinghouse

Document

3:18-cv-00259

Docket [PACER]

Dec. 19, 2018

Dec. 19, 2018

Docket
1

3:18-cv-00259

Complaint for Declaratory and Injunctive Relief

April 26, 2018

April 26, 2018

Complaint
10

3:18-cv-00259

Response to Order to Show Cause

Dec. 19, 2018

Dec. 19, 2018

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7794725/big-house-books-v-hall/

Last updated Feb. 22, 2024, 3:18 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Jacquelyn Banks, Pelicia Hall, Mississippi Department of Corrections, South Mississippi Correctional Institution (Filing fee $400 receipt number 34643049874), filed by Big House Books, Charles Owens, Jess Green. (Attachments: # 1 Civil Cover Sheet)(VM) (Entered: 04/26/2018)

1 Civil Cover Sheet

View on PACER

April 26, 2018

April 26, 2018

RECAP
2

Summons Issued as to Jacquelyn Banks, Pelicia Hall, Mississippi Department of Corrections, South Mississippi Correctional Institution. (VM) (Entered: 04/26/2018)

April 26, 2018

April 26, 2018

PACER
3

NOTICE of Appearance by Beth L. Orlansky on behalf of All Plaintiffs (Orlansky, Beth) (Entered: 04/27/2018)

April 27, 2018

April 27, 2018

PACER
4

SUMMONS Returned Executed by Big House Books, Charles Owens, Jess Green. Pelicia Hall served on 4/26/2018, answer due 5/17/2018. (McDuff, Robert) (Entered: 05/01/2018)

May 1, 2018

May 1, 2018

PACER
5

SUMMONS Returned Executed by Big House Books, Charles Owens, Jess Green. Mississippi Department of Corrections served on 4/26/2018, answer due 5/17/2018. (McDuff, Robert) (Entered: 05/01/2018)

May 1, 2018

May 1, 2018

PACER
6

SUMMONS Returned Executed by Big House Books, Charles Owens, Jess Green. Jacquelyn Banks served on 4/26/2018, answer due 5/17/2018. (McDuff, Robert) (Entered: 05/01/2018)

May 1, 2018

May 1, 2018

PACER
7

SUMMONS Returned Executed by Big House Books, Charles Owens, Jess Green. South Mississippi Correctional Institution served on 4/26/2018, answer due 5/17/2018. (McDuff, Robert) (Entered: 05/01/2018)

May 1, 2018

May 1, 2018

RECAP
8

ORDER TO SHOW CAUSE: As stated in the Order, Plaintiffs are therefore directed to show cause by December 19, 2018, why the case should not be dismissed for failure to prosecute. Signed by Chief District Judge Daniel P. Jordan III on December 3, 2018.(SP) (Entered: 12/03/2018)

Dec. 3, 2018

Dec. 3, 2018

PACER
9

STIPULATION of Dismissal by Big House Books, Jess Green, Charles Owens (McDuff, Robert) (Entered: 12/19/2018)

Dec. 19, 2018

Dec. 19, 2018

RECAP
10

RESPONSE TO ORDER TO SHOW CAUSE by Big House Books, Jess Green, Charles Owens (McDuff, Robert) (Entered: 12/19/2018)

Dec. 19, 2018

Dec. 19, 2018

RECAP

Case Details

State / Territory: Mississippi

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: April 26, 2018

Closing Date: Dec. 19, 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Two prisoners at the South Mississippi Correctional Institution; Big House Books, a non-profit organization that sends donated books to prisoners

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Mississippi, State

South Mississippi Correctional Institution (Leakesville, Greene), Private Entity/Person

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Establishment Clause

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Amount Defendant Pays: 6,000

Issues

General:

Conditions of confinement

Mail

Recreation / Exercise

Religious programs / policies

Jails, Prisons, Detention Centers, and Other Institutions:

Grievance procedures

Library (non-law) access

Discrimination-basis:

Religion discrimination

Type of Facility:

Government-run