Case: U.S. v. Harrison County

1:95-cv-00005 | U.S. District Court for the Southern District of Mississippi

Filed Date: Jan. 6, 1995

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On May 3, 1993, the U.S. Department of Justice (DOJ) notified Harrison County, Mississippi of its intention to investigate conditions of the county jail under the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. 1997 et seq. Following the investigation, the DOJ sent a letter notifying the president of the Harrison County Board of Supervisors of its findings. The DOJ found there were too few staffed officers per inmates and significant deficiencies in the officers' training. Thes…

On May 3, 1993, the U.S. Department of Justice (DOJ) notified Harrison County, Mississippi of its intention to investigate conditions of the county jail under the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. 1997 et seq. Following the investigation, the DOJ sent a letter notifying the president of the Harrison County Board of Supervisors of its findings. The DOJ found there were too few staffed officers per inmates and significant deficiencies in the officers' training. These underlying problems lead to excessive discipline of inmates, lack of access to legal materials, and unsecured dangerous objects, including kitchen knives and prescription medication. The DOJ also found the suicide prevention program, as well as general medical and mental health care of the inmates, to be inadequate. The DOJ findings letter then made recommendations as to the minimum remedial measure needed to meet constitutional standards.

Negotiations led to settlement; the Attorney General filed a CRIPA action against the jail on January 6, 1995. Although it is not mentioned in the docket sheet, presumably the parties provided the court with their proposed consent decree. Six days later, Judge Walter J. Gex III approved a consent decree, which laid out steps the county must take to improve issues discussed in the DOJ's letter of findings and recommendations.

The consent decree mandated that the county double the number of officers per shift, have a female officer on duty at all times. The officers were to have 80 hours of training before starting their employment, with 40 hours of training per year thereafter. The decree prohibited using the 'strip cells', or cells without amenities, to house inmates. The county was also required to implement procedures that identified and properly stored dangerous materials and open a law library that was accessible at least eight hours a day, five days a week. For medical care, the county agreed to hire a medical professional and to both screen and monitor the inmates health. The county also agreed to hire a psychologist on at least a half-time basis and develop a suicide prevention program. The county was given one year to be in compliance with this decree.

On November 4, 1996, the county sheriff submitted a report, claiming substantial compliance with the consent decree. On April 15, 1999, the case was placed on the inactive docket of the court.

In 2000 two inmates from the county jail sent the court letters claiming the constitutional rights were continuing to be violated. The court dismissed these petitions, but the county jail restarted submitting status reports regarding the conditions of the jail.

On May 28, 2003, the DOJ filed a motion for an order to show cause why defendants should not be held in contempt for failure to comply with the 1995 consent decree. On March 23, 2004, Judge Walter J. Gex III held a hearing regarding the motion. Judge Gex ultimately determined to stay the issue of contempt, predicated on the defendants' agreement to allocate funds towards the jail and hire certain numbers of additional staff to address the concerns raised in the DOJ's motion. This defendants were also required to continue to file status reports regarding the facility quarterly.

Throughout the next ten years, Judge Walter J. Gex III issued several minute orders requiring the defendants to be more thorough in their status reports.

On May 9, 2014, the case was reassigned to Chief District Judge Louis Guirola, Jr.

On August 11, 2015, the parties filed a joint motion for dismissal, citing increased physician, psychiatrist, and mental health staffing; the creation of a chronic care program; and implementation of new auditing and quality assurance mechanisms. In the motion, the defendants stated that they would continue to use their best efforts to make progress in their auditing, their peer review of medical services, policies and practices, and to appoint a specific representative for persons with mental illnesses whose job would be to advocate for alternatives to institutionalization and seek funding for mental health services.

Judge Louis Guirola, Jr. terminated the 1995 consent decree and dismissed the case with prejudice the next day.

Summary Authors

Kristen Sagar (6/4/2007)

Clearinghouse (5/22/2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5242889/parties/united-states-v-harrison-county/


Judge(s)

Gex, Walter J. III (Mississippi)

Guirola, Louis Jr. (Mississippi)

Attorney for Plaintiff
Attorney for Defendant

Dukes, William F. (Mississippi)

Faneca, Cyril T. (Mississippi)

Holleman, Tim C. (Mississippi)

Expert/Monitor/Master/Other

show all people

Documents in the Clearinghouse

Document

1:95-cv-00005

Docket [PACER]

Aug. 12, 2015

Aug. 12, 2015

Docket

Notice Letter re: CRIPA Investigation of Harrison County Jail, Gulfport, Mississippi

No Court

May 3, 1993

May 3, 1993

Notice Letter

Findings Letter re: CRIPA Investigation of Harrison County Jail, Gulfport, Mississippi

No Court

Sept. 9, 1993

Sept. 9, 1993

Findings Letter/Report

Certificate of the Attorney General

No Court

Dec. 7, 1994

Dec. 7, 1994

Declaration/Affidavit

1:95-cv-00005

Consent Decree

Dec. 7, 1994

Dec. 7, 1994

Order/Opinion
1

1:95-cv-00005

Complaint

Jan. 6, 1995

Jan. 6, 1995

Complaint
2

1:95-cv-00005

Consent Judgment

Jan. 12, 1995

Jan. 12, 1995

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5242889/united-states-v-harrison-county/

Last updated Jan. 25, 2024, 3:18 a.m.

ECF Number Description Date Link Date / Link
1

Complaint

1 Civil Cover Sheet

View on PACER

Jan. 6, 1995

Jan. 6, 1995

PACER
2

Judgment

Jan. 12, 1995

Jan. 12, 1995

PACER
3

Notice of Appearance

May 13, 1996

May 13, 1996

PACER
4

Remark

Nov. 5, 1996

Nov. 5, 1996

PACER
5

Order

Jan. 8, 1998

Jan. 8, 1998

PACER
6

Order

April 15, 1999

April 15, 1999

PACER
7

Motion for Writ of Mandamus

March 24, 2000

March 24, 2000

PACER
141

Letter

Oct. 19, 2000

Oct. 19, 2000

PACER
8

Order

April 27, 2001

April 27, 2001

PACER
9

Envelope returned by Post Office marked (Refused, Released 6/6/00) containing (Order filed 4/27/01) addressed to Clifton Holifield. (copy to Pro Se Dept) (pak) (Entered: 05/04/2001)

May 4, 2001

May 4, 2001

10

STATUS REPORTS of the Harrison County Adult Detention Center for 3rd &4th quarters of 2000, 1st−4th quarters of 2001, and 1st quarter of 2002. (pak) Modified on 07/19/2002 (Entered: 06/05/2002)

June 5, 2002

June 5, 2002

11

STATUS REPORTS of the Harrison County Adult Detention Center for the Second Quarter of 2002. (pak) (Entered: 07/19/2002)

July 19, 2002

July 19, 2002

12

STATUS REPORT by defendant Harrison County Adult Detention Center for the Third Quarter of 2002. (pak) (Entered: 10/24/2002)

Oct. 24, 2002

Oct. 24, 2002

13

STATUS REPORT by defendant Harrison County for the Fourth Quarter of 2002. (pak) (Entered: 01/24/2003)

Jan. 24, 2003

Jan. 24, 2003

14

STATUS REPORT by defendant Harrison County for the First Quarter of 2003. (pak) (Entered: 05/08/2003)

May 8, 2003

May 8, 2003

15

MOTION by plaintiff United States for Show Cause Order why defendants should not be held in civil contempt. (pak) (Entered: 05/29/2003)

May 29, 2003

May 29, 2003

16

AFFIDAVIT (DECLARATION) by of Steve J. Martin in support of, Re: [15−1] motion for Show Cause Order by plaintiff (pak) (Entered: 05/29/2003)

May 29, 2003

May 29, 2003

17

MOTION by defendant Harrison County to Extend Time to file Response to Motion for Order to Show Cause. (pak) (Entered: 06/23/2003)

June 23, 2003

June 23, 2003

18

RESPONSE by defendant George Payne Jr. to [15−1] motion for Show Cause Order by plaintiff (wld) (Entered: 07/18/2003)

July 17, 2003

July 17, 2003

19

STATUS REPORT by defendant Harrison County ADC for the Second Quarter of 2003, pursuant to the Consent Judgment entered in this cause. (wld) (Entered: 07/22/2003)

July 22, 2003

July 22, 2003

20

RESPONSE by defendant Harrison County to [15−1] motion for Show Cause Order by plaintiff (wld) (Entered: 07/22/2003)

July 22, 2003

July 22, 2003

22

MOTION by defendant George Payne Jr. to Extend Time to file response outside of the prescribed time (rlw) (Entered: 08/08/2003)

Aug. 7, 2003

Aug. 7, 2003

23

Supplement by United States to [16−1] affidavit by Steve Martin. (spc) (Entered: 08/22/2003)

Aug. 21, 2003

Aug. 21, 2003

24

ORDER granting [22−1] motion to Extend Time. The receipt and filing of Sheriff George Payne, Jr.'s Response to Motion for Order to Show Cause, filed July 17, 2003, is permitted. ( signed by Judge Walter J. Gex III ); copies mailed. (msd) (Entered: 08/28/2003)

Aug. 27, 2003

Aug. 27, 2003

25

MOTION by defendant Harrison County for Leave to File Response Outside the Prescribed Time (rlw) (Entered: 09/02/2003)

Sept. 2, 2003

Sept. 2, 2003

26

Envelope returned by Post Office marked (Return to Sender, Released) containing (Copy of Order Permitting Sheriff to File Response to Show Cause Motion Outside the Prescribed Time for Filing) addressed to Clifton Holifield (jch) (Entered: 09/03/2003)

Sept. 3, 2003

Sept. 3, 2003

27

Envelope returned by Post Office marked (moved, not forwardable) containing (Order dated 8−27−03) addressed to United States (William G. Maddox, Esq. U.S. Dept. of Justice, Civil Rights Division, P.O. Box 66400, Washington, DC 20035−6400) (rlw) (Entered: 09/12/2003)

Sept. 12, 2003

Sept. 12, 2003

28

ORDER granting [25−1] motion for Leave to File Response Outside the Prescribed Time ( signed by Judge Walter J. Gex III ); copies mailed. (rlw) (Entered: 09/29/2003)

Sept. 29, 2003

Sept. 29, 2003

29

Envelope returned by Post Office marked refused, containing Order dated 9/29/03 addressed to Clifton Holifield (rlw) (Entered: 10/06/2003)

Oct. 6, 2003

Oct. 6, 2003

30

MOTION by defendant Harrison County to Amend Answer (msd) (Entered: 10/21/2003)

Oct. 20, 2003

Oct. 20, 2003

31

NOTICE of Hearing: On Motion to Amend. (msd) (Entered: 10/21/2003)

Oct. 20, 2003

Oct. 20, 2003

32

STATUS REPORT by Harrison County Adult Detention Center for the Third Quarter of 2003, pursuant to the Consent Judgment entered in this cause. (wld) (Entered: 10/24/2003)

Oct. 24, 2003

Oct. 24, 2003

33

Envelope returned by Post Office marked Moved, not forwardable containing Order granting permission for out of time filing addressed to United States Department of Justice, Civil Rights Division. (msd) (Entered: 10/30/2003)

Oct. 30, 2003

Oct. 30, 2003

34

REPORT TO THE COURT pursuant to the Consent Judgment entered in this cause by defendant Harrison County (jch) (Entered: 01/30/2004)

Jan. 30, 2004

Jan. 30, 2004

35

AFFIDAVIT by defendant George Payne Jr. Re: [18−1] motion response by defendant (rlw) (Entered: 02/05/2004)

Feb. 5, 2004

Feb. 5, 2004

36

Minute Entry Order: mooting [17−1] motion to Extend Time, in light of previous Order allowing Defendants to file an out of time response. (signed by Judge Walter J. Gex III) Copies mailed. (jch) (Entered: 02/06/2004)

Feb. 5, 2004

Feb. 5, 2004

37

ORDER granting [30−1] motion to Amend Answer, reset Answer deadline to 2/12/04 for Harrison County ( signed by Judge Walter J. Gex III ); copies mailed. (jch) Modified on 02/06/2004 (Entered: 02/06/2004)

Feb. 5, 2004

Feb. 5, 2004

38

Minute Entry Order: This matter is set for status conference Thursday, 2/6/04 at 1:00 p.m. The parties shall report to Room 806, the Dan M. Russell, Jr. United States Courthouse, 2012 15th Street, Gulfport, MS ( signed by Judge Walter J. Gex III ); copies mailed. (rlw) (Entered: 02/11/2004)

Feb. 10, 2004

Feb. 10, 2004

39

Corrected Minute Entry Order: set Status Conference for 1:00 2/26/04 ( signed by Judge Walter J. Gex III ); copies mailed. (rlw) (Entered: 02/11/2004)

Feb. 11, 2004

Feb. 11, 2004

41

Envelope returned by Post Office marked (Refused, no longer at this address) containing (Minute Entry Order and Order) addressed to Clifton Holifield (jch) (Entered: 02/13/2004)

Feb. 13, 2004

Feb. 13, 2004

42

Envelope returned by Post Office marked (Not Here, Return to Sender) containing (Minute Entry Order) addressed to Clifton Holifield (jch) (Entered: 02/17/2004)

Feb. 17, 2004

Feb. 17, 2004

43

MOTION by defendant George Payne Jr. for Cy Faneca to Withdraw as Attorney (msd) (Entered: 02/17/2004)

Feb. 17, 2004

Feb. 17, 2004

44

NOTICE of Attorney Appearance for defendant George Payne Jr. by Mark Wayne Verret. (msd) (Entered: 02/19/2004)

Feb. 18, 2004

Feb. 18, 2004

45

ORDER granting [43−1] motion for Cy Faneca to Withdraw as Attorney (Terminated attorney Cyril T. Faneca for George Payne ( signed by Judge Walter J. Gex III ); copies mailed. (rlw) (Entered: 02/23/2004)

Feb. 23, 2004

Feb. 23, 2004

46

Envelope returned by Post Office marked "Return to Sender" containing Orders of 2/5/04 addressed to William G. Maddox, Attorney for the United States. (spc) (Entered: 02/23/2004)

Feb. 23, 2004

Feb. 23, 2004

47

Minute Entry Order: reset Status Conference for 2:00 3/23/04 ( signed by Judge Walter J. Gex III ); copies mailed mailed. (rlw) (Entered: 02/26/2004)

Feb. 26, 2004

Feb. 26, 2004

48

Envelope returned by Post Office marked refused, return to sender containing corrected minute entry order dated 2/11/04 addressed to Clifton Holifield (rlw) (Entered: 02/26/2004)

Feb. 26, 2004

Feb. 26, 2004

49

Envelope returned by Post Office marked Refused−Return to sender containing an order permitting counsel to withdraw addressed to Clifton Holifield. (msd) (Entered: 03/01/2004)

March 1, 2004

March 1, 2004

50

Envelope returned by Post Office marked Released−Return to Sender containing a Minute Entry Order addressed to Clifton Holifield. (msd) (Entered: 03/03/2004)

March 3, 2004

March 3, 2004

51

Motion of George Verrett to enroll as counsel and Request for Notice as counsel of record for George Payne in his official capacity as Sheriff of Harrison County, MS. (msd) Modified on 03/05/2004 (Entered: 03/04/2004)

March 4, 2004

March 4, 2004

52

ORDER granting [51−1] motion to enroll. Ordered that Mark W. Verret be enrolled as counsel for defendant George Payne, Jr. ( signed by Judge Walter J. Gex III ); copies mailed. (spc) (Entered: 03/05/2004)

March 5, 2004

March 5, 2004

53

Envelope returned by Post Office marked (Returned to Sender, Moved left no forwarding address) containing (Corrected Minute Entry Order) addressed to United States (jch) (Entered: 03/08/2004)

March 8, 2004

March 8, 2004

54

Envelope returned by Post Office marked refused, released to MS Dept. of Corrections containing Order dated 3/5/04 addressed to Clifton Holifield (rlw) (Entered: 03/11/2004)

March 11, 2004

March 11, 2004

55

Envelope returned by Post Office marked (Returned to Sender) containing (Order Permitting Counsel to Withdraw) addressed to United States (jch) (Entered: 03/12/2004)

March 12, 2004

March 12, 2004

56

Envelope returned by Post Office marked moved, not forwardable containing Minute Entry Order addressed to William G. Maddox, Esq. (msd) (Entered: 03/12/2004)

March 12, 2004

March 12, 2004

57

Minute entry: Status Conference held before Judge Gex on March 23,2004, on pending Motion for Contempt. The motion for contempt will be stayed at this time and this case will be closed upon the Court's docket for statistical purposes. (jch) (Entered: 03/26/2004)

March 25, 2004

March 25, 2004

58

Minute Entry Order: The motion for contempt will be stayed at this time, and this cause will be closed upon the Court's docket for statistical purposes. Should the defendant fail to hire the required employees as specified, the United States may move to reinstate this cause and its motion for contempt on the active docket of this court. (signed by Judge Walter J. Gex III ) Copies mailed. (jch) (Entered: 03/26/2004)

March 25, 2004

March 25, 2004

Status Conference held on 3/23/04 before Judge Gex. (jch) (Entered: 03/26/2004)

March 25, 2004

March 25, 2004

59

Envelope returned by Post Office marked "refused" containing minute entry order filed 3/25/04 addressed to Clifton Holifield, #199689, Harrison County ADC, BB−Floor 8 10451 Larkin Smith Drive, Gulfport, MS 39503. (wld) (Entered: 04/01/2004)

April 1, 2004

April 1, 2004

60

STATUS REPORT by defendant Harrison County Adult Detention Center for the First Quarter of 2004. (wld) (Entered: 04/15/2004)

April 15, 2004

April 15, 2004

Letter to Judge Gex from George H. Payne, Jr. re: progress on hiring new correctional officers. (wld) (Entered: 06/18/2004)

June 18, 2004

June 18, 2004

Letter to Judge Gex from George H. Payne, Jr. re: status of hiring new Correctional Officers. (wld) (Entered: 07/13/2004)

July 13, 2004

July 13, 2004

61

STATUS REPORT for the Second Quarter of 2004 by defendant Harrison County ADC (wld) (Entered: 07/19/2004)

July 19, 2004

July 19, 2004

Letter to Judge Gex from George H. payne, Jr. re: status of hiring new Correction Officers. (wld) (Entered: 08/12/2004)

Aug. 12, 2004

Aug. 12, 2004

Letter to Judge Gex from Sheriff Payne, dated 9/1/04 re: progress on hiring new corrections officers. (avm) (Entered: 09/03/2004)

Sept. 3, 2004

Sept. 3, 2004

Letter to Judge Gex from George Payne dated May 3, 2004, re: status on hiring new Correctional Officers. (wld) (Entered: 09/09/2004)

Sept. 9, 2004

Sept. 9, 2004

62

Envelope returned by Post Office marked "Return to Sender, Refused" containing letter filed 9/2/04 addressed to Clifton Holifield (wld) (Entered: 09/13/2004)

Sept. 13, 2004

Sept. 13, 2004

63

Envelope returned by Post Office marked return to sender containing letter filed 9/9/04 addressed to Clifton Holifield (wld) (Entered: 09/20/2004)

Sept. 20, 2004

Sept. 20, 2004

64

STATUS REPORT by defendant Harrison County ADC for the third quarter of 2004. (wld) (Entered: 10/15/2004)

Oct. 14, 2004

Oct. 14, 2004

65

Status Report

Oct. 18, 2004

Oct. 18, 2004

PACER
66

Status Report

Jan. 18, 2005

Jan. 18, 2005

PACER
67

Status Report

April 13, 2005

April 13, 2005

PACER
68

Status Report

July 25, 2005

July 25, 2005

PACER
69

Status Report

July 26, 2005

July 26, 2005

PACER
70

Status Report

July 26, 2005

July 26, 2005

PACER
71

Status Report

July 26, 2005

July 26, 2005

PACER
72

Status Report

July 26, 2005

July 26, 2005

PACER
73

Status Report

July 26, 2005

July 26, 2005

PACER
74

Status Report

July 26, 2005

July 26, 2005

PACER
75

Status Report

July 26, 2005

July 26, 2005

PACER
76

Status Report

July 26, 2005

July 26, 2005

PACER
77

Status Report

July 26, 2005

July 26, 2005

PACER
78

Status Report

July 26, 2005

July 26, 2005

PACER
79

Status Report

July 26, 2005

July 26, 2005

PACER
80

Status Report

July 26, 2005

July 26, 2005

PACER
81

Status Report

Oct. 26, 2005

Oct. 26, 2005

PACER
82

Satisfaction of Judgment

Feb. 7, 2006

Feb. 7, 2006

PACER
83

Status Report

April 13, 2006

April 13, 2006

PACER
84

Satisfaction of Judgment

July 13, 2006

July 13, 2006

PACER
85

Motion to Intervene

2 Exhibit Exhibit A

View on PACER

3 Exhibit Exhibit B

View on PACER

Aug. 10, 2006

Aug. 10, 2006

PACER
86

Mail Returned

Sept. 13, 2006

Sept. 13, 2006

PACER
87

Status Report

Oct. 12, 2006

Oct. 12, 2006

PACER
88

TEXT ONLY ORDER: Upon review of Defendant's quarterly status report (Ct. R. Doc. 87), and noting the number of employment vacancies at the detention center, Defendant shall file within ten business days, or by no later than October 26, 2006, a supplemental quarterly report explaining the vacancies and advising the Court of Defendant's plan currently in place to fill those vacancies, including, but not limited to, the number of applicants, number of applicants interviewed, number of hires, etc. No further written order shall issue . Signed by Judge Walter J. Gex III on October 12, 2006. (Gex, Kathleen) (Entered: 10/12/2006)

Oct. 12, 2006

Oct. 12, 2006

89

Status Report

Oct. 25, 2006

Oct. 25, 2006

PACER
90

Status Report

Jan. 22, 2007

Jan. 22, 2007

PACER
91

Attachment

Jan. 22, 2007

Jan. 22, 2007

PACER
92

Attachment

Jan. 22, 2007

Jan. 22, 2007

PACER
93

Attachment

Jan. 22, 2007

Jan. 22, 2007

PACER
94

Attachment

Jan. 22, 2007

Jan. 22, 2007

PACER
95

Status Report

Jan. 30, 2007

Jan. 30, 2007

PACER

Case Details

State / Territory: Mississippi

Case Type(s):

Jail Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 6, 1995

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

United States Department of Justice

Plaintiff Type(s):

City/County Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Harrison County Jail (Gulfport, Harrison), County

Defendant Type(s):

Corrections

Case Details

Causes of Action:

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

Constitutional Clause(s):

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1995 - 2015

Content of Injunction:

Hire

Other requirements regarding hiring, promotion, retention

Reporting

Auditing

Training

Issues

General:

Classification / placement

Conditions of confinement

Disciplinary procedures

Failure to train

Staff (number, training, qualifications, wages)

Suicide prevention

Jails, Prisons, Detention Centers, and Other Institutions:

Law library access

Medical/Mental Health:

Medical care, general

Medication, administration of

Mental health care, general

Suicide prevention

Type of Facility:

Government-run