Case: Gates v. Collier [Cook]

4:71-cv-00006 | U.S. District Court for the Northern District of Mississippi

Filed Date: Feb. 8, 1971

Case Ongoing

Clearinghouse coding complete

Case Summary

On February 8, 1971, inmates at the Mississippi State Penitentiary at Parchman, Mississippi filed a class action lawsuit under 42 U.S.C. §§ 1981, 1983, 1985, and 1994, against the Penitentiary, the Mississippi Penitentiary Board and the Governor in the U.S. District Court for the Northern District of Mississippi, Greenville Division. The plaintiffs, represented by the ACLU National Prison Project and private counsel, asked the court for declaratory and injunctive relief, alleging that condition…

On February 8, 1971, inmates at the Mississippi State Penitentiary at Parchman, Mississippi filed a class action lawsuit under 42 U.S.C. §§ 1981, 1983, 1985, and 1994, against the Penitentiary, the Mississippi Penitentiary Board and the Governor in the U.S. District Court for the Northern District of Mississippi, Greenville Division. The plaintiffs, represented by the ACLU National Prison Project and private counsel, asked the court for declaratory and injunctive relief, alleging that conditions and practices in the maintenance, operation and administration of the Parchman facility violated their First, Eighth, Thirteenth and Fourteenth Amendment rights. Further, the plaintiffs alleged that black inmates were segregated and discriminated against on the basis of their race.

On August 23, 1971, the U.S. Department of Justice, Civil Rights Division was allowed to intervene. In its complaint, the government alleged that the defendants maintained a system of prison facilities segregated by race, and additionally failed to provide inmates with adequate housing, medical care, and protection from other inmates, that conditions of the sewage disposal and water systems created an immediate health hazard, and that prison officials permitted the custodial staff, including inadequately trained armed trustees, to inflict cruel and unusual punishment upon inmates.

After a full evidentiary hearing on May 15, 1972, on September 13, 1972, the District Court (Judge William Colbert Keady) issued findings of fact and conclusions of law. Gates v. Collier, 349 F. Supp. 881 (N.D. Miss. 1972). The court found the defendants practiced racial discrimination, provided inadequate physical facilities, medical facilities and protection of inmates, inadequate training to trustees, excessive disciplinary rules, punishment without adequate procedure, and unconstitutional censure of mail. The court found conditions violative of inmates' First, Sixth, Eighth and Fourteenth Amendment rights, and issued an injunctive order providing immediate, intermediate and long-range relief. The defendants appealed the Court's award of attorneys' fees as well as the Court's ruling on the merits of the case. On December 5, 1973, the Fifth Circuit Court of Appeals (Judge Elbert Tuttle) affirmed the District Court's order. Gates v. Collier, 489 F.2d 298 (5th Cir. 1973). On September 9, 1974, the Fifth Circuit denied the defendants' petition for a rehearing. Gates v. Collier, 500 F.2d 1382 (5th Cir. 1974).

On September 20, 1974, the Fifth Circuit (Judge Tuttle) affirmed the District Court's ruling on the merits. Gates v. Collier, 501 F.2d 1291 (5th Cir. 1974). The Court held that jurisdiction was proper and that conditions that deprived inmates of basic hygiene and adequate medical treatment, including solitary confinement, as well as failure to protect inmates from violence by other inmates and mail censorship, were unconstitutional.

The plaintiffs moved for further relief, alleging the defendants failed to comply with the Court's order and, on January 31, 1975, the District Court (Judge Keady) granted in part and denied in part injunctive relief. Gates v. Collier, 390 F. Supp. 482 (N.D. Miss. 1975). The Court denied some relief, holding that opening and inspecting, but not reading, inmates' mail was constitutional and that racial discrimination at the penitentiary had been mostly eliminated, but granted some relief, holding that the state's continuing failure to provide for inmates' physical health and well-being, and for adequate facilities, contravened the Eighth Amendment. The plaintiffs appealed.

On January 8, 1976, the Fifth Circuit held that the District Court's refusal to modify the previous injunctive order with respect to racial discrimination and training and its modification of the order with respect to mail regulations was not an abuse of discretion. Gates v. Collier, 525 F.2d 965 (5th Cir. 1976).

On November 19, 1976, the District Court (Judge Keady) issued a temporary restraining order enjoining enforcement of various provisions of the Mississippi Corrections Act. Gates v. Collier, 423 F. Supp 732 (N.D. Miss. 1976). The Court further requested the convening of a three-judge court to consider a more permanent injunction concerning inmate housing units that were unfit for human habitation and constitutionally condemned, as well as a ceiling on inmate population of the remaining housing units to avoid unconstitutionally intolerable overcrowding of inmates. The defendants appealed.

On March 18, 1977, the Fifth Circuit (per curiam) affirmed and remanded the case to the District Court to continue the implementation of conversion to a constitutionally permissible penal system. Gates v. Collier, 548 F.2d 1241 (5th Cir. 1977).

After the defendants moved for adoption of revised disciplinary rules, on June 30, 1978, the District Court (Judge Keady) held that revising the disciplinary rules was permissible so long as they did not infringe on the inmates' constitutional rights, and entered a modified version of the defendants' proposed revisions. Gates v. Collier, 454 F. Supp 579 (N.D. Miss. 1978). Of note, the Court held that allowing a classification officer to also serve as a disciplinary hearing officer violated the inmates' due process rights. The plaintiffs appealed.

On November 8, 1979, the Fifth Circuit (Judge Joseph Woodrow Hatchett) affirmed the District Court's adoption of the revised rules. Gates v. Collier, 606 F.2d 115 (5th Cir. 1979).

On January 6, 1983, the District Court (Judge Keady) awarded the plaintiffs attorneys' fees for class representation.

Subsequent litigation by HIV+ inmates was consolidated into this case. In that litigation, male HIV+ prisoners housed at Unit 28 of the maximum-security state prison at Parchman, Mississippi, and female HIV+ prisoners housed at the Central Mississippi Correctional Facility in Rankin County, filed a lawsuit on May 29, 1990, under 42 U.S.C. § 1983 against the Mississippi Department of Corrections in the US District Court for the Northern District of Mississippi, Greenville Division. The plaintiffs in that case, represented by the ACLU National Prison Project, alleged that all HIV+ prisoners, regardless of their offense or other classification factors, were housed at the same facility by gender, not allowed to participate in vocational and educational programs, and that living conditions and medical care were inadequate in these HIV+ segregated units. That case was consolidated with this one for having some similar questions of law. For more information on that case, see Moore v. Fordice, in the Clearinghouse.

According to the 5th Circuit in a different case, Gates v. Cook, 376 F.3d 323, in 1998, the District Court for the Northern District of Mississippi finally dismissed the action from its inactive docket as to state-owned, state-operated, and private-company-contracted facilities (not county facilities). The court also stated that it would continue to forward prisoner petitions relating to defendants' facilities to plaintiffs' class counsel.

However, litigation continued regarding compliance with court orders and issues in consolidated cases. Over the next few years, inmates were moved around to various jails and units while repairs to the Mississippi State Penitentiary were being made. The Court denied many inmates that were moved to become class members, but granted plaintiffs several post-judgment attorney fees awards over the next years.

The Moore class (of HIV+ inmates) moved to intervene in this case to challenge adequacy of class representation, but the Court denied the class's motion. The class moved the court for a preliminary injunction to provide HIV+ prisoners with adequate medical care. On July 19, 1999, the court granted this motion, requiring defendants to provide HIV+ prisoners with constitutionally adequate medical care and testing, and requiring progress reports on the implementation of the changes (the order and opinion are not available on PACER).

After alleging noncompliance with prior orders, the plaintiffs moved to supersede previous orders to allow greater inmate access to courts. The court denied this motion, but no available documents provide the court's reasoning.

The ACLU National Prison Project moved to substitute as class counsel for this litigation, though the court ordered that they could not contact inmates until it ruled on their motion. On February 2, 2000, the Court denied the ACLU National Prison Project's motion to represent the interest of HIV+ inmates at Parchman and denied plaintiff's motion to sanction the ACLU. Later, class members appealed the order prohibiting contact by the ACLU National Prison Project; during appeal, the ACLU was allowed to contact inmates only to prosecute its appeal. On February 19, 2000, the Court granted appellants' motion to stay the enforcement of the "no contact" order pending appeal. On April 30, 2001, the U.S. Court of Appeals for the Fifth Circuit vacated in part and reversed in part the February 2, 2000, decision. However, the details of the decision are not available.

In May of 2000, and for many years following, a number of jails were approved to house additional state inmates. In June of 2000, the Court granted in part a motion for writ of execution to collect contempt fines against the defendants. In the same month, the Court also granted a motion that required inmates to stay in one of the approved jails for at least 30 days to be counted in the jail's population. In September of 2000, the Court ordered the state to pay $1.8 million into the Court's account, and the Court would return $100,000 for each month that the state complied with prior orders. From October of 2000 to February of 2000, the state complied with Court orders and the Court denied plaintiffs' motion for contempt and for an order enforcing the Court's mandate, and granted defendants' motion for the return of $500,000 of the $1.8 million for compliance ($100,000 for each month). On March 30, 2001, the Court ordered the return of the remaining $1.3 million to the state, but retained the interest from the amount with the intention to use it for the plaintiffs' benefit.

This case was consolidated with a few other cases with similar issues whose dockets are not available, and on July 18, 2001, with the Givhan v. Puckett, a case involving a class of Muslim inmates who sought religious freedom in prisons. Over the next few months, many filings were made in the consolidated cases, though the documents and details are not available.

On November 22, 2002, and on May 15, 2003, the court granted plaintiff's motions for modification of prior jail orders, but the details of the modification are not available. The following year, the court also ordered defendants to provide the appropriate amount of space for inmates as required by previous orders.

On May 21, 2003, the court ordered the defendants to remedy Eighth Amendment violations and report progress by July 7, 2003 (part of a consolidated case). Over the next year, the defendants submitted status reports to the court, and the court required the defendants not to discriminate against HIV+ inmates when deciding community work center placement; the Court also required the defendants to report inmate capacity to the Court following a June 4, 2004 status conference. On November 12, 2004, the Court denied a number of motions by class members, warning them that any further filings that are deemed frivolous by the court will count as strikes for the purpose of the Prison Litigation Reform Act (PLRA). On March 31, 2005, the court dismissed the consolidated Moore case (4:90-cv-125), finding that both the PLRA and the compliance with previous orders had provided sufficient relief for the class. Inmates who were HIV+ had been integrated into the general prison population except for housing, and discrimination with respect to services and privileges had been addressed by the defendants.

On March 6, 2006, the Court issued an order to update the April 1997 order to require facilities to more promptly respond to notices of noncompliance from the Court. Under the order, noncompliance after two notices automatically disapproved a jail for incarceration until they were reapproved for compliance. Over the next couple of years, the jails were monitored for compliance and disapproved when not in compliance. The jail order was modified again on September 26 and November 5 of 2007, the first modification required jails to obtain periodic approval from plaintiffs' counsel, and the second required jails to provide evidence of compliance whenever plaintiffs' counsel gave notice of noncompliance. On September 9, 2008, the order was modified to require defendants to pay a flat fee in advance of jail inspections to prevent manipulation by either side.

On March 10, 2011, the Court dismissed the consolidated Stevenson and Givhan cases and the portions of this case related to the state-owned and contractor facilities. The order held that county defendants would be dismissed when the state removed all state prisoners from county jails, or on July 1, 2015, whichever came first. The case was then assigned to Magistrate Judge David A. Sanders for post-judgment proceedings.

On May 29, 2012, the parties submitted a joint stipulation of dismissal without prejudice. Since then, the court has granted roughly 300 orders approving jails or prisons for housing state inmates. The most recent order granting approval occurred in 2017.

On February 25, 2018, a petitioner motioned to reinstate the class action, but it was denied on February 28, 2018. The petitioner appealed this decision and which was then denied by the U.S. Court of Appeals on September 20, 2018. There has been no further action on the docket.

Summary Authors

Josh Altman (10/6/2006)

Maurice Youkanna (7/20/2014)

Christiana Johnson (10/17/2019)

Related Cases

Givhan v. Puckett, Northern District of Mississippi (1982)

Moore v. Fordice, Northern District of Mississippi (1990)

Russell v. Johnson, Northern District of Mississippi (2002)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6320651/parties/gates-v-cook/


Judge(s)

Ainsworth, Robert Andrew Jr. (Louisiana)

Bell, Griffin Boyette (Georgia)

Benavides, Fortunato Pedro (Texas)

Attorney for Plaintiff
Attorney for Defendant

Baughn, Darrell Clayton (Mississippi)

Broom, Haley Necaise (Mississippi)

Judge(s)

Ainsworth, Robert Andrew Jr. (Louisiana)

Bell, Griffin Boyette (Georgia)

Benavides, Fortunato Pedro (Texas)

Brown, Paul Neeley (Texas)

Clark, Charles (Mississippi)

Coleman, James Plemon (Louisiana)

Davis, Jerry A. (Mississippi)

Garwood, William Lockhart (Texas)

Gewin, Walter Pettus (Alabama)

Hatchett, Joseph Woodrow (Florida)

Ingraham, Joe McDonald (Texas)

Jones, Edith Hollan (Texas)

Keady, William Colbert (Mississippi)

King, Carolyn Dineen (Texas)

Politz, Henry Anthony (Louisiana)

Sanders, David A. (Mississippi)

Thornberry, William Homer (Texas)

Tuttle, Arthur J. (Michigan)

Walter, Donald Ellsworth (Louisiana)

Wisdom, John Minor (Louisiana)

show all people

Documents in the Clearinghouse

Document

4:71-cv-00006

Docket

Gates v. Collier

Feb. 2, 1998

Feb. 2, 1998

Docket

4:71-cv-00006

Docket [PACER]

Gates v. Cook

Sept. 20, 2018

Sept. 20, 2018

Docket
1

4:71-cv-00006

Complaint

Gates v. Cook

Feb. 8, 1971

Feb. 8, 1971

Complaint
3

4:71-cv-00006

Findings of Fact and Conclusions of Law

Gates v. Collier

Oct. 20, 1972

Oct. 20, 1972

Order/Opinion

73-01790

Opinion

Gates v. Collier

U. S. Court of Appeals for the Fifth Circuit

Dec. 5, 1973

Dec. 5, 1973

Order/Opinion

73-01790

On Petition for Rehearing and Petition for Rehearing En Banc

Gates & U.S. v. Collier

U. S. Court of Appeals for the Fifth Circuit

Sept. 9, 1974

Sept. 9, 1974

Order/Opinion

73-01023

Opinion

Gates & U.S. v. Collier

U. S. Court of Appeals for the Fifth Circuit

Sept. 20, 1974

Sept. 20, 1974

Order/Opinion

4:71-cv-00006

Memorandum Opinion

Gates v. Collier

Jan. 31, 1975

Jan. 31, 1975

Order/Opinion

75-02397

Opinion

Gates v. Collier

U. S. Court of Appeals for the Fifth Circuit

Jan. 8, 1976

Jan. 8, 1976

Order/Opinion

4:71-cv-00006

Memorandum Opinion

Gates v. Collier

Nov. 19, 1976

Nov. 19, 1976

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6320651/gates-v-cook/

Last updated Feb. 20, 2024, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

PRISONER COMPLAINT challenging conditions of confinement FILING FEE $ 15 RECEIPT # 19173' CASE REFERRED to Magistrate Judge Jerry A. Davis (jta) (jtm). (Entered: 07/20/1992)

Feb. 8, 1971

Feb. 8, 1971

Clearinghouse
2

ANSWER to Complaint by Thomas D. Cook, J. D. Demoville, Turner Arant, Sebe Dale, Robert D. Robinson, H. L. Roberts, John Bell Williams (jta) (Entered: 07/20/1992)

March 19, 1971

March 19, 1971

PACER
3

JUDGMENT for Thomas D. Cook, J. D. Demoville, Turner Arant, Sebe Dale, Robert D. Robinson, H. L. Roberts, John Bell Williams re immediate and intermediate relief; and long-range relief as to Mail, Discipline, Corporal Punishment, Disciplinary Confinement, Classification and Assignment of Inmates ( signed by Judge William C. Keady on 10-20-72) COB 12 pg. 102 (jta) Modified on 10/13/1993 (Entered: 07/20/1992)

Oct. 20, 1972

Oct. 20, 1972

Clearinghouse
1332

ORDER Regarding Use of Local Jails for Incarceration of State Prisoners. Signed by Judge William C. Keady on 11/6/81. (jtm) (Entered: 04/19/2012)

Nov. 6, 1981

Nov. 6, 1981

PACER
7

ORDER consolidated this cause w/GC82-77, etc. ( signed by Magistrate Judge on 7/26/82) (fcc) Modified on 04/05/1996 (Entered: 04/05/1996)

July 26, 1982

July 26, 1982

4

MOTION to Intervene by Melvin Griffin (jta) Modified on 12/21/1999 (Entered: 07/20/1992)

April 10, 1990

April 10, 1990

PACER
5

MOTION to Intervene by Otis Fairley (jta) Modified on 10/13/1993 (Entered: 07/20/1992)

May 21, 1990

May 21, 1990

PACER
6

ORDER, Directing Clerk to maintain on the INACTIVE DOCKET of this court that portion of the case applicable to State owned ad operated corrections facilities; maintain on the ACTIVE DOCKET of this court that portion of the case applicable to County Jails ( signed by Chief Judge L. T. Senter Jr. on 10/17/90) COB # 63 pg. 64 (jta) Modified on 10/13/1993 (jtm). (Entered: 07/20/1992)

Oct. 17, 1990

Oct. 17, 1990

PACER

Converted to ICMS (jta)

May 18, 1992

May 18, 1992

PACER
8

MOTION by defendants through Robert E. Sanders, SAAG for Modification of court's order entered 4-l7-87 by significantly reducing the standing monthly interim award of attorney's fees and expenses allowed to pltf. class counsel (jta) Modified on 10/13/1993 (Entered: 07/20/1992)

May 28, 1992

May 28, 1992

PACER
9

REPORT AND RECOMMENDATIONS of Magistrate Judge Jerry A. Davis, recommending that motions by Griffin and Fairley to intervene be denied without prejudice . Case no longer referred to Magistrate Judge Jerry A. Davis Objections to R and R due by 6/29/92 (jta) Modified on 10/13/1993 (Entered: 07/20/1992)

June 14, 1992

June 14, 1992

PACER

CASE REFERRED back to Magistrate Judge Jerry A. Davis (jta)

June 14, 1992

June 14, 1992

PACER
10

ORDER, Granting Voluntary Dismissal of Robert E. Tubwell ( signed by Magistrate Judge Jerry A. Davis on 6/12/92) (jta) (Entered: 10/13/1993)

June 14, 1992

June 14, 1992

PACER
11

MOTION of plaintiffs to Dismiss defendants' Motion for Modification of order dated 5-26-92, on the pleadings without evidentiary hearing (jta) Modified on 10/13/1993 (Entered: 07/20/1992)

June 16, 1992

June 16, 1992

PACER
12

RESPONSE by Otis Fairley in opposition to [12-1] report and recommendations (jta) Modified on 10/13/1993 (Entered: 07/20/1992)

June 18, 1992

June 18, 1992

PACER

Motion(s) no longer referred: [14-1] motion to Dismiss defendants' Motion for Modification of order dated 5-26-92, on the pleadings without evidentiary hearing, [13-1] motion for Modification of court's order entered 4-l7-87 by significantly reducing the standing monthly interim award of attorney's fees and expenses allowed to pltf. class counsel (jta)

Feb. 24, 1993

Feb. 24, 1993

PACER
13

MOTION by Willie X. Stevenson For Supplemental Relief (jta) Modified on 10/13/1993

Sept. 20, 1993

Sept. 20, 1993

PACER
14

MOTION by class plaintiffs for additional supplemental contempt relief in order to enforce court's prior orders limiting the numbers of prisoner class mbrs. who may be housed in county jails both "approved" and "unapproved" by this court for the housing of state prisoners (fcc) Modified on 10/13/1993

Sept. 22, 1993

Sept. 22, 1993

PACER
15

NOTICE/RENEWED MOTIONS for enforcement/payment of county jail contempt fines for time period of 1/21/87 - 7/6/90 by order 2/27/85, for enforcement/payment of contempt fines for time period after 7/6/90 to present, and to encumber total amount of contempt fines payable by operation of order of 2/27/85 (fcc) Modified on 10/13/1993

Sept. 27, 1993

Sept. 27, 1993

PACER
16

COMBINED MOTION of plaintiffs for inspection-reports supplemental relief and or contempt (fcc) Modified on 10/13/1993

Oct. 12, 1993

Oct. 12, 1993

PACER
17

DEFENDANTS' MOTION to Extend Time to respond to the various pending motions (fcc) Modified on 10/22/1993

Oct. 21, 1993

Oct. 21, 1993

PACER
18

ORDER granting [17-1] motion to Extend Time to respond to the various pending motions, Response to Motion reset to 11/10/93 for [16-1] motion for inspection-reports supplemental relief and or contempt, reset to 11/10/93 for [15-1] motion for enforcement/payment of county jail contempt fines for time period of 1/21/87 - 7/6/90 by order 2/27/85, reset to 11/10/93 for [15-2] motion for enforcement/payment of contempt fines for time period after 7/6/90 to present, reset to 11/10/93 for [15-3] motion to encumber total amount of contempt fines payable by operation of order of 2/27/85, reset to 11/10/93 for [14-1] motion for additional supplemental contempt relief in order to enforce court's prior orders limiting the numbers of prisoner class mbrs. who may be housed in county jails both "approved" and "unapproved" by this court for the housing of state prisoners, reset to 11/10/93 for [13-1] motion For Supplemental Relief ( signed by Chief Judge L. T. Senter Jr. on 10/21/93) (fcc)

Oct. 25, 1993

Oct. 25, 1993

PACER
19

MOTION by Defendants To Hold In Abeyance plaintiffs' pending motions and defendants' responsibility to respond, pending the completion of the requested states conference (jta)

Nov. 9, 1993

Nov. 9, 1993

PACER

Status Conference set at 10:00 11/24/93 Aberdeen before Chief Judge L. T. Senter Jr. (jta)

Nov. 15, 1993

Nov. 15, 1993

PACER
20

ORDER denying oral motion in Spears Evid. Hrg. in cause no. 4:93cv173, to intervene in Gates v. Collier, cause no. 4:71cv6-S-D on grounds that class counsel is not adequately representing the class members, finding counsel is adequate, and directing clerk to file a copy of this order in the Gates case. ( signed by Magistrate Judge Jerry A. Davis on 11/17/93) (fcc)

Nov. 19, 1993

Nov. 19, 1993

PACER
21

MOTION by MDOC to Certify Administrative Remedy Program w/Administrative Remedy Program attached (jta)

Nov. 24, 1993

Nov. 24, 1993

PACER
22

CIVIL MINUTES for: Status Conference held 11/24/93; court set show cause hearing for 1/28/94 at 10:00 a.m., Oxford. (fcc)

Nov. 26, 1993

Nov. 26, 1993

PACER
23

ORDER setting show cause hearing for 1/28/94 at 10:00 a.m., Oxford, on various motions filed by plaintiffs as to overcrowded conditions of state inmates in county jail facilities and why sanctions and monetary fines should not be imposed. ( signed by Chief Judge L. T. Senter Jr. on 11/24/94) (fcc)

Nov. 26, 1993

Nov. 26, 1993

PACER

Show Cause Hearing set at 10:00 1/28/94 Oxford before Chief Judge L. T. Senter Jr. (fcc)

Nov. 26, 1993

Nov. 26, 1993

PACER
24

PLAINTIFFS MOTION for Medical Contempt and for Addtl. Medical/Mental-Health Relief (fcc)

Dec. 10, 1993

Dec. 10, 1993

PACER

Show Cause Hearing set at 10:00 2/25/94 Aberdeen before Chief Judge L. T. Senter Jr. (fcc)

Jan. 26, 1994

Jan. 26, 1994

PACER

Letter to Judge Senter dated 2/3/94 from Attorney Ron Welch Stating that plaintiffs have no objection to the implementatin of the CRIPA plan/program as proposed. (jta)

Feb. 4, 1994

Feb. 4, 1994

PACER
25

ORDER certifying "Administrative Remedy Program" filed by defendants, pursuant to 42 U.S.C. Section 1997e, (CRIPA) and part 40 of Title 28, Code of Fed. Reg.; directing the Court will only entertain any grievance or complaint of an inmate after exhaustion of remedies as provided in such procedure has been certified from the administrator of the program to that effect; and further, directing the Administrative Remedy Program to begin 4/18/94, if a notice has been posted ten days prior to implementation. ( signed by Chief Judge L. T. Senter Jr. on 2/15/94) COB#87, pgs. 280-300 (fcc) Modified on 10/25/2000 (Entered: 02/16/1994)

Feb. 15, 1994

Feb. 15, 1994

PACER

Show Cause Hearing reset at 10:00 4/15/94 Oxford before Chief Judge L. T. Senter Jr. (fcc)

Feb. 24, 1994

Feb. 24, 1994

PACER

Show Cause Hearing set at 10:00 5/4/94 Aberdeen before Chief Judge L. T. Senter Jr. (jta)

April 6, 1994

April 6, 1994

PACER
26

Class Counsel's Report to The Court Re Administrative Remedy Certification and Individual Member Motions to Set Aside Certification Order of Febrauary 15, 1994: CONCLUSION - Motions to set aside lack sufficient merit in the circumstances of this case to warrant presentation to the Court by class counsel at this time. (jta) Modified on 04/29/1994

April 29, 1994

April 29, 1994

PACER

Informal Status Conference held on 5/4/94 before Chief Judge L. T. Senter Jr. (fcc) Modified on 05/06/1994

May 5, 1994

May 5, 1994

PACER
27

ORDER, on informal status conference with the parties held 5/4/94; setting motion hearing date to facilitate the resolution of plaintiffs' outstanding motions for contempt and other relief Motion Hearing set for 10:00 8/1/94 Aberdeen for [24-1] motion for Medical Contempt and for Addtl. Medical/Mental-Health Relief, set for 10:00 8/1/94 Aberdeen for [16-1] motion for inspection-reports supplemental relief or contempt, set for 10:00 8/1/94 Aberdeen for [15-1] motion for enforcement/payment of county jail contempt fines for time period of 1/21/87 - 7/6/90 by order 2/27/85, set for 10:00 8/1/94 Aberdeen for [15-2] motion for enforcement/payment of contempt fines for time period after 7/6/90 to present, set for 8/1/94 Aberdeen for [15-3] motion to encumber total amount of contempt fines payable by operation of order of 2/27/85, set for 10:00 8/1/94 Aberdeen for [14-1] motion for additional supplemental contempt relief in order to enforce court's prior orders limiting the numbers of prisoner class mbrs. who may be housed in county jails both "approved" and "unapproved" by this court for the housing of state prisoners, set Discovery deadline to 7/1/94, Response to Motion reset to 6/1/94 for [24-1] motion for Medical Contempt and for Addtl. Medical/Mental-Health Relief, reset to 6/1/94 for [16-1] motion for inspection-reports supplemental relief and or contempt, reset to 6/1/94 for [15-1] motion for enforcement/payment of county jail contempt fines for time period of 1/21/87 - 7/6/90 by order 2/27/85, reset to 6/1/94 for [15-2] motion for enforcement/payment of contempt fines for time period after 7/6/90 to present, reset to 6/1/94 for [15-3] motion to encumber total amount of contempt fines payable by operation of order of 2/27/85, reset to 6/1/94 for [14-1] motion for additional supplemental contempt relief in order to enforce court's prior orders limiting the numbers of prisoner class mbrs. who may be housed in county jails both "approved" and "unapproved" by this court for the housing of state prisoners, set Status Conference for 10:00 7/8/94 Aberdeen, no continuance or extensions of time shall be granted ( signed by Chief Judge L. T. Senter Jr. on 5/4/94) (fcc) (Entered: 05/06/1994)

May 5, 1994

May 5, 1994

PACER
29

AFFIDAVIT Re: [15-2] motion for enforcement/payment of contempt fines for time period after 7/6/90 to present (jta)

May 23, 1994

May 23, 1994

PACER
30

RESPONSE by defendants to [16-1] motion for inspection-reports supplemental relief and or contempt (jta) Modified on 06/03/1994

June 3, 1994

June 3, 1994

PACER
31

RESPONSE by defendants to [15-1] motion for enforcement/payment of county jail contempt fines for time period of 1/21/87 - 7/6/90 by order 2/27/85, [15-2] motion for enforcement/payment of contempt fines for time period after 7/6/90 to present (jta)

June 3, 1994

June 3, 1994

PACER
32

RESPONSE by defendants to [14-1] motion for additional supplemental contempt relief in order to enforce court's prior orders limiting the numbers of prisoner class mbrs. who may be housed in county jails both "approved" and "unapproved" by this court for the housing of state prisoners (jta) Modified on 06/03/1994

June 3, 1994

June 3, 1994

PACER
33

RESPONSE by defendants to [13-1] motion For Supplemental Relief by Willie X. Stevenson (jta)

June 3, 1994

June 3, 1994

PACER
34

RESPONSE by defendants to [24-1] motion for Medical Contempt and for Addtl. Medical/Mental-Health Relief (jta) Modified on 06/03/1994

June 3, 1994

June 3, 1994

PACER
35

NOTICE OF WITHDRAWAL OF ALL PLAINTIFFS' PENDING MOTIONS Re: Document #27 (Motion hearing set for 8/1/94) (fcc) Modified on 06/07/1994

June 6, 1994

June 6, 1994

PACER

CASE NO LONGER REFERRED TO Magistrate Judge Jerry A. Davis (jta)

June 8, 1994

June 8, 1994

PACER
36

Request by Attorney Welch to Attorney General For Investigation of Apparent Lobbying and Other Possible State Law Violations by Private Corrections Companies Seeking To Obtain Prison Building Contracts in Mississippi, By Their Employees and Agents, and By State Legislators, and Officials. (jta)

June 8, 1994

June 8, 1994

PACER

CLERK'S NOTICE of Continuation of Status Conference set for July 8, 1994 before Chief Judge L. T. Senter, Jr., until further order of the court. (fcc)

June 24, 1994

June 24, 1994

PACER

CLERK'S NOTICE of Continuation of Evidentiary Hearing set for August 1, 1994, before Chief Judge L. T. Senter, Jr., until further order of the court. (fcc)

June 24, 1994

June 24, 1994

PACER

NOTICE of Hearing:, set Hearing on Compliance with Prior Court Orders for 10:30 9/23/94 Location: Aberdeen before Chief Judge L. T. Senter Jr. (fcc)

June 24, 1994

June 24, 1994

PACER
37

PLAINTIFFS' MOTION to Extend Scheduling Order Deadline(s): Discovery until 9/01/94 (fcc)

July 1, 1994

July 1, 1994

PACER
38

DEFENDANTS' RESPONSE in opposition to [37-1] motion to Extend Scheduling Order Deadline(s): Discovery until 9/01/94 (fcc)

July 5, 1994

July 5, 1994

PACER
39

ORDER granting [37-1] motion to Extend Scheduling Order Deadline(s): Discovery until 9/01/94; Discovery cutoff to 9/1/94 ; ( signed by Chief Judge L. T. Senter Jr. on 7/1/94) (fcc)

July 5, 1994

July 5, 1994

PACER
40

PLAINTIFFS' MOTION for Judgment on the Pleadings [24-1] motion for Medical Contempt and for Addtl. Medical/Mental-Health Relief referred (fcc)

July 5, 1994

July 5, 1994

PACER
41

MOTION by Nazareth Gates (plaintiffs) For Order Directing Implementation of Defendants' Own Inmate Release Legislation (jta)

July 6, 1994

July 6, 1994

PACER
42

Reinstatement of All Plaintiffs' Motions Pending at Time of Withdrawal. (jta)

July 8, 1994

July 8, 1994

PACER
43

PLAINTIFFS' REQUEST for Admissions to State Defendants (fcc)

July 13, 1994

July 13, 1994

PACER
44

STATE DEFENDANTS' RESPONSE in opposition to [41-1] motion For Order Directing Implementation of Defendants' Own Inmate Release Legislation by Nazareth Gates (fcc)

July 13, 1994

July 13, 1994

PACER
45

STATE DEFENDANTS' MOTION to Strike [42-1] Plaintiffs' Proposed Reinstatement of Motions (fcc)

July 13, 1994

July 13, 1994

PACER
46

STATE DEFEDANTS' RESPONSE in opposition to [40-1] Plaintiffs' motion for Judgment on the Pleadings (fcc)

July 13, 1994

July 13, 1994

PACER
47

AFFIDAVIT of Ronald Reid Welch Re: Verification as to maintaining on file true and correct copies of the MDOC daily computer print-out reports on the location and status of all state prisoner class members held in county jails, etc. (fcc)

July 15, 1994

July 15, 1994

PACER
48

Nunc Pro Tunc MOTION by plaintiffs For Order Bringing Certain Prior State Facility Orders Back to Active Docket And For Enforcement of Same (jta)

July 18, 1994

July 18, 1994

PACER
49

PLAINTIFFS' MOTION to Compel Inspection Reports Discovery,and/or for Judgment on the Pleadings of plas' "Combined Motion for Inspection-Reports Suppl. Relief and/or Contempt" and "Dfts' Response..." Thereto, Required by Order of the Court (fcc)

July 19, 1994

July 19, 1994

PACER
50

REBUTTAL by plaintiffs to response to [40-1] motion for Judgment on the Pleadings (jta) Modified on 07/21/1994

July 21, 1994

July 21, 1994

PACER
51

RESPONSE by plaintiffs to [45-1] motion to Strike [42-1] Plaintiffs' Proposed Reinstatement of Motions (jta)

July 21, 1994

July 21, 1994

PACER
52

RESPONSE by State Defendants to [49-1] motion to Compel Inspection Reports Discovery, [49-2] motion for Judgment on the Pleadings of plas' "Combined Motion for Inspection-Reports Suppl. Relief and/or Contempt" and "Dfts' Response..." Thereto, Required by Order of the Court (fcc)

July 25, 1994

July 25, 1994

PACER
53

RESPONSE by State Defendants to [48-1] motion For Order Bringing Certain Prior State Facility Orders Back to Active Docket And For Enforcement of Same (fcc)

July 25, 1994

July 25, 1994

PACER
54

PLAINTIFFS' REBUTTAL to response to [41-1] motion For Order Directing Implementation of Defendants' Own Inmate Release Legislation by Nazareth Gates (fcc)

July 26, 1994

July 26, 1994

PACER
55

RESPONSE by defendants TO REQUEST FOR ADMISSIONS re: [43-1] admission requested (jta)

Aug. 4, 1994

Aug. 4, 1994

PACER

Letter dated 9/15/94 from plaintiff counsel Ron Welch to Attorney General re: Reported Violation of Gates v. Collier, CA No. GC71-6-S-D 50 Square Feet Per Inmate Order in South Mississippi Correctional Institution (SMCI) By Movement of Inmates from Mississippi State Penitentiary Into Double Bunk Beds Recently Installed at SMCI. (jta)

Sept. 16, 1994

Sept. 16, 1994

PACER
56

DEFENDANTS' MOTION for Temporary Modification of Capacity Orders raising the population ceiling at MSP to 6,381 until further order by the court, and to deny or hold in abeyance the plaintiffs' several pending motions (fcc)

Sept. 22, 1994

Sept. 22, 1994

PACER
57

CIVIL MINUTES for: Hearing on Compliance with Prior Court Orders scheduled for 9/23/94 was NOT held; Attorney General Moore presented plan and proposed agreed order to the court; Court approved order. (fcc) Modified on 09/26/1994 (Entered: 09/26/1994)

Sept. 23, 1994

Sept. 23, 1994

PACER
58

ORDER granting [56-1] motion for Temporary Modification of Capacity Orders raising the population ceiling at MSP to 6,381 until further order by the court, granting [56-2] motion to deny or hold in abeyance the plaintiffs' several pending motions; directing defendants to submit for Court approval no later than 7/1/95, a description of the Department of Corrections's existing programs for the provision of adequate access to the courts for inmates in the custody of the Department of Corrections. ( signed by Chief Judge L. T. Senter Jr. on 9/23/94) (fcc) (Entered: 09/26/1994)

Sept. 23, 1994

Sept. 23, 1994

PACER
59

PETITION by Arthur Nickens, Ronnie Smith for Writ of Mandamus as to Clerk of the United States District Court for the Northern District of Mississippi (jta) Modified on 02/07/2000

Feb. 3, 1995

Feb. 3, 1995

PACER
60

ORDER denying [59-1] motion for Writ of Mandamus as to Clerk of the United States District Court for the Northern District of Mississippi ( signed by Chief Judge L. T. Senter Jr. on 2/17/95) COB # 72 pg. 88-90 Date of Entry: 2/21/95 (fcc)

Feb. 21, 1995

Feb. 21, 1995

PACER
61

NOTICE OF APPEAL of [60-1] order by Arthur Nickens . Appeal record due on 3/29/95 (fcc) (Entered: 03/06/1995)

Feb. 27, 1995

Feb. 27, 1995

PACER

Notice of Appeal and certified copy of docket to USCA: [61-1] appeal by Arthur Nickens (fcc)

March 6, 1995

March 6, 1995

PACER

Certified and transmitted Record on Appeal to U.S. Court of Appeals: [61-1] appeal by Arthur Nickens (fcc)

March 6, 1995

March 6, 1995

PACER
62

MOTION by plaintiff class For Payment of County Jail Contempt Fine For Violations of County Jail Population Limitation Orders On and After May 17, 1994 (jta)

April 13, 1995

April 13, 1995

PACER
63

PLAINTIFFS' PROACTIVE MOTION by and through counsel for Enforcement Order Directing Defendants to File Advance Plan for Reversion to Prior Capacities in Dept. of Corrections' State Facilities on/before 7/01/95, and for Orderly Processing of Inmates into New Facilities (fcc)

April 19, 1995

April 19, 1995

PACER
64

MOTION with Affidavit attached by Arthur Nickens to Proceed in Forma Pauperis in his appeal to 5th Circuit Cause No. 95-60183 re: Doc.#60 (fcc) Modified on 06/19/1995 (Entered: 06/19/1995)

June 16, 1995

June 16, 1995

PACER
65

ORDER denying [64-1] motion to Proceed in Forma Pauperis in his appeal to 5th Circuit Cause No. 95-60183 re: Doc.#60 ( signed by Chief Judge L. T. Senter Jr. on 6/23/95) COB # 73 pg. 12-13 Date of Entry: 6/26/95 (fcc)

June 26, 1995

June 26, 1995

PACER

Transmitted Supplemental Record on Appeal: [61-1] appeal by Arthur Nickens (fcc)

June 26, 1995

June 26, 1995

PACER
66

ORDER on joint ore tenus motion of the parties to declare final all interim awards made to date under the Court's prior Order dated 4/14/87, and filed 4/17/87, C.O.B. #54, pages 50-51, and to resolve all related, pending motions: declaring final and complete all interim awards of fees and expenses, as paid, for the month preceeding each such payment, up to and including the first monthly payment due under Paragraph 1 after the date of this order; directing that defendants shall have no further obligation or duty, pursuant to Paragraph 1 or 2 of said Order to pay any fees or expenses for the period to date beyond that already paid; and that plaintiffs' counsel, likewise, shall have no obligation or duty pursuant to Paragraph 2 of the Order, supra, to file any motion, application, etc., with respect to Paragraph 1 payments now declared final and complete; and denying all pending motions concerning the April 1987 Order, supra, not specifically addressed by these modifications. ( signed by Chief Judge L. T. Senter Jr. on 6/28/95) Date of Entry: 6/28/95 (fcc)

June 28, 1995

June 28, 1995

PACER
67

ORDER granting [64-1] motion to Proceed in Forma Pauperis in his appeal to 5th Circuit Cause No. 95-60183 re: Doc.#60, directing clerk to file Nickens' "Class Members' Motion Requesting Intervention or Alternatively a Motion for Relief from Judgment or Order" ( signed by Chief Judge L. T. Senter Jr. on 6/30/95) COB # 72 pg. 36-37 Date of Entry: 7/03/95 (fcc)

July 3, 1995

July 3, 1995

PACER
68

MOTION by Arthur Nickens Class Members' Motion Requesting Intervention or Alternatively a Motion for Relief from Judgment or Order (fcc)

July 3, 1995

July 3, 1995

PACER

Transmitted Supplemental Record on Appeal: "Order Granting IFP" (Doc.#67) [61-1] appeal by Arthur Nickens (fcc)

July 3, 1995

July 3, 1995

PACER
69

MOTION by Larry D. Harper to withdraw representation by class counsel, nor to remain a party in this civil action (fcc)

July 7, 1995

July 7, 1995

PACER
70

MOTION by Jerry Lee Warner to withdraw representation by class counsel, nor to remain a party in this civil action (fcc)

July 7, 1995

July 7, 1995

PACER
71

MOTION by Michael Haynes to withdraw representation by class counsel, nor to remain a party in this civil action (fcc)

July 7, 1995

July 7, 1995

PACER
72

MOTION by David Clay to withdraw representation by class counsel, nor to remain a party in this civil action (fcc)

July 7, 1995

July 7, 1995

PACER

NOTICE of Receipt of Supplemental Record by 5th Circuit Court of Appeals (fcc)

July 11, 1995

July 11, 1995

PACER
73

ORDER denying [72-1] motion to withdraw representation by class counsel, nor to remain a party in this civil action, denying [71-1] motion to withdraw representation by class counsel, nor to remain a party in this civil action, denying [70-1] motion to withdraw representation by class counsel, nor to remain a party in this civil action, denying [69-1] motion to withdraw representation by class counsel, nor to remain a party in this civil action ( signed by Magistrate Judge Jerry A. Davis on 7/21/95) Date of Entry: 7/24/95 (fcc)

July 24, 1995

July 24, 1995

PACER
74

MOTION by Bobby D. Horton Jr. to no longer be represented by class counsel and to be dismissed as a party in this case (fcc)

Aug. 10, 1995

Aug. 10, 1995

PACER
75

MOTION by Jimmy Mitchell to no longer be represented by class counsel and to be dismissed as a party in this case (fcc)

Aug. 10, 1995

Aug. 10, 1995

PACER
76

MOTION by Charles A. Grayer to no longer be represented by class counsel and to be dismissed as a party in this case (fcc)

Aug. 10, 1995

Aug. 10, 1995

PACER
77

MOTION by L. E. Griffin Jr. to no longer be represented by class counsel and to be dismissed as a party in this case (fcc)

Aug. 10, 1995

Aug. 10, 1995

PACER
78

MOTION by Raymond Greason to no longer be represented by class counsel and to be dismissed as a party in this case (fcc)

Aug. 10, 1995

Aug. 10, 1995

PACER
79

MOTION by Lee Mason to no longer be represented by class counsel and to be dismissed as a party in this case (fcc)

Aug. 10, 1995

Aug. 10, 1995

PACER
80

MOTION by Walter C. Carson to no longer be represented by class counsel and to be dismissed as a party in this case (fcc)

Aug. 10, 1995

Aug. 10, 1995

PACER

Case Details

State / Territory: Mississippi

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 8, 1971

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Prisoners in the Mississippi Department of Corrections facility at Parchman.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

ACLU National Prison Project

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Mississippi (Parchman), State

Defendant Type(s):

Jurisdiction-wide

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

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

Constitutional Clause(s):

Due Process

Equal Protection

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Order Duration: 1972 - None

Content of Injunction:

Preliminary relief granted

Discrimination Prohibition

Develop anti-discrimination policy

Issues

General:

Access to lawyers or judicial system

Bathing and hygiene

Classification / placement

Conditions of confinement

Disciplinary procedures

Failure to discipline

Failure to supervise

Failure to train

Food service / nutrition / hydration

Mail

Racial segregation

Record-keeping

Religious programs / policies

Sanitation / living conditions

Staff (number, training, qualifications, wages)

Totality of conditions

Jails, Prisons, Detention Centers, and Other Institutions:

Disciplinary segregation

Good time

Sexual abuse by residents/inmates

Crowding / caseload

Pre-PLRA Population Cap

Assault/abuse by staff (facilities)

Assault/abuse by non-staff (facilities)

Discrimination-basis:

Race discrimination

Race:

Black

Affected Sex or Gender:

Male

Medical/Mental Health:

HIV/AIDS

Medical care, general

Type of Facility:

Government-run