Case: Pro-Life Mississippi v. Horton

3:14-cv-00568 | U.S. District Court for the Southern District of Mississippi

Filed Date: July 23, 2014

Closed Date: June 27, 2019

Clearinghouse coding complete

Case Summary

On July 23, 2014, Pro-Life Mississippi filed this lawsuit in the U.S. District Court for the Southern District of Mississippi, against the City of Jackson, Mississippi, the Jackson Police Department, and various city officials (collectively, Jackson). The plaintiffs, represented by the Life Legal Defense Foundation and private counsel, sued the defendants under 42 U.S.C. § 1983 and Mississippi state law, alleging that Jackson intentionally deprived them of their First Amendment rights and viola…

On July 23, 2014, Pro-Life Mississippi filed this lawsuit in the U.S. District Court for the Southern District of Mississippi, against the City of Jackson, Mississippi, the Jackson Police Department, and various city officials (collectively, Jackson). The plaintiffs, represented by the Life Legal Defense Foundation and private counsel, sued the defendants under 42 U.S.C. § 1983 and Mississippi state law, alleging that Jackson intentionally deprived them of their First Amendment rights and violated the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment.

Pro-Life Mississippi is a pro-life nonprofit organization that frequently holds rallies in front of or near the Jackson Women's Health Organization (JWHO), an abortion clinic in Jackson. The complaint stated that the plaintiffs and Pro-Life Mississippi affiliates "regularly stand, walk, hold signs, hand out literature, sit, speak to passerby, and sidewalk counsel on the public sidewalks and public right of ways around and near the JWHO." Pro-Life Mississippi's activities outside of the JWHO have attracted the defendants' attention for years and have been the subject of previous litigation. In 2008, District Judge William H. Barbour, Jr. entered a consent decree against the City of Jackson and its officials because they "violat[ed] the free speech rights of Plaintiff Pro-Life Mississippi and individual pro-life advocates by discriminatory and unconstitutional enforcement of Mississippi statutes" stemming from the defendants' actions limiting the plaintiffs' activities on public property outside of the JWHO. For more details on the earlier case, see Britton v. Anderson.

The plaintiffs alleged that a little over a year after the 2008 consent decree was no longer judicially enforced the defendants resumed their activities violating pro-life individuals' First Amendment rights. The plaintiffs claimed that the defendants arrested their members who were on sidewalks, threatened arrest, and seized the plaintiffs' pro-life materials. Allegedly, the defendants justified this behavior by telling the plaintiffs that they were disturbing the peace, obstructing the sidewalks, and engaging in disorderly conduct. The plaintiffs contend that the defendants' activities were intentional and meant to "stifle and suppress" their First Amendment rights. The plaintiffs sought declaratory relief, a preliminary and permanent injunction, damages, and attorneys' fees.

On August 9, 2014, the plaintiffs filed a motion for a temporary restraining order and a motion for a preliminary injunction. These motions were denied by District Judge Carlton Reeves on October 27, 2014. This decision was appealed by the plaintiffs, but the Fifth Circuit affirmed the district court's judgment in a three-sentence opinion on January 26, 2016. 628 F. App'x 269.

Later in 2016, the trial court began active management of the case, scheduling both trial and settlement conferences for the parties. The parties quickly came to an agreement and on September 23, 2016, asked the court to approve the consent decree; the court approved the decree on October 4, 2016.

The consent decree stated that defendants could not intentionally engage in activities that violate individuals' First Amendment rights on public property. Additionally, the defendants were barred from seizing materials used to promote individuals' First Amendment rights unless all other ways short of seizure are first exhausted. The defendants also agreed to create a training program to educate city officials and law enforcement about protecting First Amendment rights. The charges against all of the plaintiffs were dropped and their property was returned. The defendants were also forced to pay the plaintiffs $2,500.00. The consent decree was enforceable by the court for one year after it was entered. After one year, the case will be "dismissed with prejudice and without prior notice to the parties."

However, more than two years following the date of the consent judgement, the case had not been dismissed. JWHO filed a motion to intervene on January 24, 2019 so it could file a motion to dismiss. It claimed that the decree had a chilling effect on the defendant's enforcement of constitutionally valid ordinances and laws. On June 27, 2019, Judge Reeves denied the motion to intervene. Specifically, the court found that a party cannot intervene to dissolve a consent decree that does not exist, noting that the consent expired on October 4, 2017. Given the court's clear statement that the consent decree no longer exists, the case is now presumably closed.

Summary Authors

Amelia Huckins (1/31/2017)

Edward Cullen (3/21/2019)

Hope Brinn (5/17/2020)

Related Cases

Britton v. Anderson, Southern District of Mississippi (2006)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4302332/parties/pro-life-mississippi-v-horton/


Judge(s)

Ball, F. Keith (Mississippi)

Attorney for Plaintiff

Aranda, Allison K. (California)

Attorney for Defendant

Abrams, Floyd (Mississippi)

Alkebu-lan, Imhotep (Mississippi)

Barker, Claire (Mississippi)

Expert/Monitor/Master/Other
Judge(s)

Ball, F. Keith (Mississippi)

Reeves, Carlton Wayne (Mississippi)

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Documents in the Clearinghouse

Document

3:14-cv-00568

Docket [PACER]

June 27, 2019

June 27, 2019

Docket
1

3:14-cv-00568

Complaint for Civil Rights Violations, Declaratory Judgment, Injunctive Relief, and Damages

July 23, 2014

July 23, 2014

Complaint
86

3:14-cv-00568

Consent Decree

Oct. 4, 2016

Oct. 4, 2016

Order/Opinion
95

3:14-cv-00568

Order

U.S. District Court for the Northern District of Mississippi

June 27, 2019

June 27, 2019

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4302332/pro-life-mississippi-v-horton/

Last updated March 17, 2024, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Civil Rights Violations, Declaratory Judgment, Injunctive Relief, and Damages against City of Jackson, Mississippi, Marie Hampton, Lindsay Horton, Mary James, James McGowan, Jesse Robinson, James Ross, Willis Thomas, and Unknown Officers 1 - 10 ( Filing fee $ 400 receipt number 34643028388), filed by Doug Lane, John Brekeen, Calvin Zastrow, Pro-Life Mississippi, Ronald Nederhoed, Dana Chisholm, Laura Duran, Berkeley Ostrander, and Ester Mann. (Attachments: # 1 Civil Cover Sheet)(ND) (Entered: 07/23/2014)

1 Civil Cover Sheet

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July 23, 2014

July 23, 2014

RECAP
2

Summons Issued as to City of Jackson, Mississippi, Marie Hampton, Lindsay Horton, Mary James, James McGowan, Jesse Robinson, James Ross, and Willis Thomas. (ND) (Entered: 07/23/2014)

July 23, 2014

July 23, 2014

PACER
3

AFFIDAVIT of Service for Summons and Complaint served on Mayor Tony Yarber on July 24, 2014, filed by Pro-Life Mississippi. (Thornton, Steve) (Entered: 08/07/2014)

Aug. 7, 2014

Aug. 7, 2014

PACER
4

SUMMONS Returned Executed by Pro-Life Mississippi City of Jackson, Mississippi served on 7/24/2014, answer due 8/14/2014. (Thornton, Steve) (Entered: 08/08/2014)

Aug. 8, 2014

Aug. 8, 2014

PACER
5

Defendants City of Jackson, and individually named officers, James McGowan, James Ross and Willis Thomas' ANSWER to 1 Complaint,, by City of Jackson, Mississippi.(Barker - City Gov, Claire) (Entered: 08/08/2014)

Aug. 8, 2014

Aug. 8, 2014

PACER
6

MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction by Pro-Life Mississippi (Attachments: # 1 Exhibit Mann Declaration, # 2 Exhibit Brekeen Declaration, # 3 Exhibit McMillan Declaration, # 4 Exhibit Nederhoed Declaration, # 5 Exhibit Zastrow Declaration, # 6 Exhibit Aranda Declaration, # 7 Exhibit Thornton Declaration)(Thornton, Steve). (Entered: 08/09/2014)

1 Exhibit Mann Declaration

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2 Exhibit Brekeen Declaration

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3 Exhibit McMillan Declaration

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4 Exhibit Nederhoed Declaration

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5 Exhibit Zastrow Declaration

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6 Exhibit Aranda Declaration

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7 Exhibit Thornton Declaration

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Aug. 9, 2014

Aug. 9, 2014

PACER
7

MOTION Judicial Notice re 6 MOTION for Preliminary Injunction by Pro-Life Mississippi (Attachments: # 1 Exhibit Consent Decree)(Thornton, Steve) (Entered: 08/09/2014)

1 Exhibit Consent Decree

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Aug. 9, 2014

Aug. 9, 2014

PACER
8

MOTION Memorandum In Support re 6 MOTION for Preliminary Injunction by Pro-Life Mississippi (Thornton, Steve) (Entered: 08/09/2014)

Aug. 9, 2014

Aug. 9, 2014

PACER
9

MEMORANDUM IN SUPPORT re 6 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by Pro-Life Mississippi (Thornton, Steve) (Entered: 08/11/2014)

Aug. 11, 2014

Aug. 11, 2014

PACER
10

SUMMONS Returned Executed by Pro-Life Mississippi Marie Hampton served on 8/8/2014, answer due 8/29/2014. (Thornton, Steve) (Entered: 08/18/2014)

Aug. 18, 2014

Aug. 18, 2014

PACER
11

SUMMONS Returned Executed by Pro-Life Mississippi Lindsay Horton served on 8/13/2014, answer due 9/3/2014. (Thornton, Steve) (Entered: 08/18/2014)

Aug. 18, 2014

Aug. 18, 2014

PACER
12

SUMMONS Returned Executed by Pro-Life Mississippi Mary James served on 8/7/2014, answer due 8/28/2014. (Thornton, Steve) (Entered: 08/18/2014)

Aug. 18, 2014

Aug. 18, 2014

PACER
13

SUMMONS Returned Executed by Pro-Life Mississippi James McGowan served on 8/7/2014, answer due 8/28/2014. (Thornton, Steve) (Entered: 08/18/2014)

Aug. 18, 2014

Aug. 18, 2014

PACER
14

SUMMONS Returned Executed by Pro-Life Mississippi Jesse Robinson served on 8/8/2014, answer due 8/29/2014. (Thornton, Steve) (Entered: 08/18/2014)

Aug. 18, 2014

Aug. 18, 2014

PACER
15

SUMMONS Returned Executed by Pro-Life Mississippi James Ross served on 8/7/2014, answer due 8/28/2014. (Thornton, Steve) (Entered: 08/18/2014)

Aug. 18, 2014

Aug. 18, 2014

PACER
16

SUMMONS Returned Executed by Pro-Life Mississippi Willis Thomas served on 8/7/2014, answer due 8/28/2014. (Thornton, Steve) (Entered: 08/18/2014)

Aug. 18, 2014

Aug. 18, 2014

PACER
17

ANSWER to 1 Complaint,, by Marie Hampton, Lindsay Horton, Mary James.(Barker - City Gov, Claire) (Entered: 08/19/2014)

Aug. 19, 2014

Aug. 19, 2014

RECAP
18

ANSWER to 1 Complaint,, by Jesse Robinson.(Barker - City Gov, Claire) (Entered: 08/19/2014)

Aug. 19, 2014

Aug. 19, 2014

PACER
19

First MOTION for Extension of Time to File Response/Reply as to 6 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order by City of Jackson, Mississippi (Barker - City Gov, Claire) (Entered: 08/25/2014)

Aug. 25, 2014

Aug. 25, 2014

PACER
20

Rule 16(a) Initial Order Telephonic Case Management Conference set for 10/16/2014 03:15 PM before Magistrate Judge F. Keith Ball. No later than seven (7) days prior to the TCMC, a confidential memorandum AND a proposed Case Management Order shall be submitted via e-mail to ball_chambers@mssd.uscourts.gov. The plaintiffs counsel shall set up the conference and contact the Court at 601-608-4460. (JEJ) (Entered: 08/29/2014)

Aug. 29, 2014

Aug. 29, 2014

PACER
21

RESPONSE in Opposition re 6 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by City of Jackson, Mississippi (Attachments: # 1 Exhibit A-Affidavit of James McGowan)(Barker - City Gov, Claire) (Entered: 08/29/2014)

1 Exhibit A-Affidavit of James McGowan

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Aug. 29, 2014

Aug. 29, 2014

PACER
22

MOTION for Allison Arranda and Catherine Short to Appear Pro Hac Vice by Pro-Life Mississippi (Attachments: # 1 Exhibit Application of A Arranda, # 2 Exhibit Application of K Short)(Thornton, Steve) (Entered: 09/05/2014)

1 Exhibit Application of A Arranda

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2 Exhibit Application of K Short

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Sept. 5, 2014

Sept. 5, 2014

PACER
23

Amended MOTION for Allison Arranda and Catherine Short to Appear Pro Hac Vice by Pro-Life Mississippi (Attachments: # 1 Exhibit Form 6 Pro Hac application, # 2 Exhibit Form 6 Pro Hac application)(Thornton, Steve) (Entered: 09/09/2014)

1 Exhibit Form 6 Pro Hac application

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2 Exhibit Form 6 Pro Hac application

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Sept. 9, 2014

Sept. 9, 2014

PACER
24

Rebuttal re 6 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by Pro-Life Mississippi (Attachments: # 1 Affidavit Exhibit A, # 2 Exhibit Exhibit B)(Thornton, Steve) (Entered: 09/12/2014)

1 Affidavit Exhibit A

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2 Exhibit Exhibit B

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Sept. 12, 2014

Sept. 12, 2014

PACER
25

NOTICE of Appearance by Lara E. Gill on behalf of All Defendants (Gill, Lara) (Entered: 09/28/2014)

Sept. 28, 2014

Sept. 28, 2014

PACER
26

NOTICE of Appearance by LaShundra B. Jackson-Winters on behalf of All Defendants (Jackson-Winters, LaShundra) (Entered: 10/03/2014)

Oct. 3, 2014

Oct. 3, 2014

PACER
27

Subpoena Returned Executed as to Nathan Glenn. (Gill, Lara) (Entered: 10/09/2014)

Oct. 9, 2014

Oct. 9, 2014

PACER
28

Subpoena Returned Executed as to Tim Glenn. (Gill, Lara) (Entered: 10/09/2014)

Oct. 9, 2014

Oct. 9, 2014

PACER
29

MOTION in Limine regarding criminal conviction by Pro-Life Mississippi (Thornton, Steve) (Entered: 10/09/2014)

Oct. 9, 2014

Oct. 9, 2014

PACER
30

NOTICE of Use of Prior Conviction of Felony regarding Witness Untruthfulness by City of Jackson, Mississippi (Gill, Lara) (Entered: 10/09/2014)

Oct. 9, 2014

Oct. 9, 2014

PACER
31

Amended MOTION in Limine regarding evidence of criminal conviction by Pro-Life Mississippi (Thornton, Steve) (Entered: 10/10/2014)

Oct. 10, 2014

Oct. 10, 2014

PACER
32

Subpoena Returned Executed as to Pieter Teeuwissen. (Gill, Lara) (Entered: 10/15/2014)

Oct. 15, 2014

Oct. 15, 2014

PACER
34

PLAINTIFFS Exhibit List (Exhibits Offered Into Evidenced during Motion Hearing for Preliminary Injunction and Motion for TRO) by John Brekeen, Dana Chisholm, Laura Duran, Doug Lane, Ester Mann, Ronald Nederhoed, Berkeley Ostrander, Pro-Life Mississippi and Calvin Zastrow. (Attachments: # 1 Exhibit P-25 Photo, # 2 Exhibit P-27 Photo, # 3 Exhibit P-31 Photo, # 4 Exhibit P-32 Photo, # 5 Exhibit P-33 Photo, # 6 Exhibit P-34 Photo, # 7 Exhibit P-41 Photo, # 8 Exhibit P-43 Photo, # 9 Exhibit P-29 Photo, # 10 Exhibit P-12 Photo, # 11 Exhibit P-46 Photo, # 12 Exhibit P-51 Video)(JS) (Entered: 10/27/2014)

1 Exhibit P-25 Photo

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2 Exhibit P-27 Photo

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3 Exhibit P-31 Photo

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4 Exhibit P-32 Photo

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5 Exhibit P-33 Photo

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6 Exhibit P-34 Photo

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7 Exhibit P-41 Photo

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8 Exhibit P-43 Photo

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9 Exhibit P-29 Photo

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10 Exhibit P-12 Photo

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11 Exhibit P-46 Photo

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12 Exhibit P-51 Video

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Oct. 27, 2014

Oct. 27, 2014

PACER
35

PLAINTIFFS Exhibit List (Exhibits Offered for ID Only during Motion Hearing for Preliminary Injunction and Motion for TRO) by John Brekeen, Dana Chisholm, Laura Duran, Doug Lane, Ester Mann, Ronald Nederhoed, Berkeley Ostrander, Pro-Life Mississippi and Calvin Zastrow. (Attachments: # 1 Exhibit P-24 Photo, # 2 Exhibit P-15 Photo, # 3 Exhibit P-1 Photo, # 4 Exhibit P-2 Photo, # 5 Exhibit P-3 Photo)(JS) (Entered: 10/27/2014)

1 Exhibit P-24 Photo

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2 Exhibit P-15 Photo

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3 Exhibit P-1 Photo

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4 Exhibit P-2 Photo

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5 Exhibit P-3 Photo

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Oct. 27, 2014

Oct. 27, 2014

PACER
37

DEFENDANTS Exhibit List (Exhibits Offered Into Evidenced during Motion Hearing for Preliminary Injunction and Motion for TRO) by City of Jackson, Mississippi, Marie Hampton, Lindsay Horton, Mary James, James McGowan, Jesse Robinson, James Ross, Willis Thomas AND Unknown Officers 1 - 10. (Attachments: # 1 Exhibit D-27 Photo, # 2 Exhibit D-30 Photo, # 3 Exhibit D-50 Photo, # 4 Exhibit D-49 Photo, # 5 Exhibit D-9 Photo, # 6 Exhibit D-5 Photo, # 7 Exhibit D-3 Photo, # 8 Exhibit D-51 Incident Report, # 9 Exhibit D-28 Photo, # 10 Exhibit D-19 Photo, # 11 Exhibit D-14 Photo, # 12 Exhibit D-52 Incident Report, # 13 Exhibit D-53 Video CD)(JS) (Entered: 10/27/2014)

1 Exhibit D-27 Photo

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2 Exhibit D-30 Photo

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3 Exhibit D-50 Photo

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4 Exhibit D-49 Photo

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5 Exhibit D-9 Photo

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6 Exhibit D-5 Photo

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7 Exhibit D-3 Photo

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8 Exhibit D-51 Incident Report

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9 Exhibit D-28 Photo

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10 Exhibit D-19 Photo

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11 Exhibit D-14 Photo

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12 Exhibit D-52 Incident Report

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13 Exhibit D-53 Video CD

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Oct. 27, 2014

Oct. 27, 2014

PACER
38

DEFENDANTS Exhibit List (Exhibits Offered for ID Only during Motion Hearing for Preliminary Injunction and Motion for TRO) by City of Jackson, Mississippi, Marie Hampton, Lindsay Horton, Mary James, James McGowan, Jesse Robinson, James Ross, Willis Thomas and Unknown Officers 1 - 10. (Attachments: # 1 Exhibit D-1 Photo, # 2 Exhibit D-2 Photo, # 3 Exhibit D-22 Photo, # 4 Exhibit D-35 Photo)(JS) (Entered: 10/27/2014)

1 Exhibit D-1 Photo

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2 Exhibit D-2 Photo

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3 Exhibit D-22 Photo

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4 Exhibit D-35 Photo

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Oct. 27, 2014

Oct. 27, 2014

PACER
95

ORDER denying 90 Motion to Intervene. Signed by District Judge Carlton W. Reeves on 6/27/2019. (DJ)

June 27, 2019

June 27, 2019

RECAP
96

CORRECTED ORDER denying 90 Motion to Intervene. Signed by District Judge Carlton W. Reeves on 6/27/2019. (DJ)

June 27, 2019

June 27, 2019

RECAP

Notice of Disposal of Trial Exhibits

Jan. 14, 2021

Jan. 14, 2021

PACER

Remark

Feb. 1, 2021

Feb. 1, 2021

PACER

Case Details

State / Territory: Mississippi

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: July 23, 2014

Closing Date: June 27, 2019

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

A pro-life nonprofit group and its members.

Plaintiff Type(s):

Non-profit religious organization

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City of Jackson, Mississippi (Jackson, Hinds), City

City of Jackson, Mississippi (Jackson, Hinds), City

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Freedom of speech/association

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

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: 2016 - 2017

Content of Injunction:

Preliminary relief denied

Discrimination Prohibition

Provide antidiscrimination training

Monitoring

Training

Issues

Reproductive rights:

Abortion

General:

Loss or damage to property

Policing:

False arrest

Type of Facility:

Non-government non-profit